HomeMy WebLinkAboutLand Use Case.CU.904 E Cooper St.A19-92 CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 3/05/92 PARCEL ID AND CASE NO.
DATE COMPLETE: - 21( 9 7q1. 2737- 182 -31 -003 A19 -92
STAFF MEMBER: KJ
PROJECT NAME: Loushin Conditional Use Permit
Project Address: 904 E. Cooper Street, Aspen, Co. 81611
Legal Address: Par A, Lots K &L, Blk 117, Par B, Lot L, Blk 35
APPLICANT: William, Steven, Deborah & Brent Loushin
Applicant Address: Shawn Helda Grp, 3423 Fordham Ave. Santa Ana
CA 92704 Phone: (714) 966 -0917
REPRESENTATIVE: David Forrest, Shawn Helda Group
Representative Address /Phone: 3423 Fordham Ave.
Santa Ana, CA 92704
PAID: YES (NO) AMOUNT: $ N/C NO. OF COPIES RECEIVED 2/X3
TYPE OF APPLICATION:: 1 STEP: >( 2 STEP:
P &Z Meeting Date 1/7 PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
CC Meeting Date PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
Planning Director Approval: Paid:
Insubstantial Amendment or Exemption: Date:
REFERRALS:
City Attorney Mtn Bell School District
� City Engineer Parks Dept. Rocky Mtn NatGas
C] Housing Dir. Holy Cross State HwyDept(GW)
�\y Aspen Water Fire Marshall State HwyDept(GJ)
City Electric Building Inspector
Envir.Hlth. Roaring Fork Other `
Aspen Con.S.D. Energy Center e OY i -4t) tw
DATE REFERRED: 3 11Y INITIALS: Q. rt1'c." 6 r
% 1
FINAL ROUTING: DATE ROUTED: INITIAL:
_ ( City Atty _ City Engineer Coning _Env. Health
Housing _ Other:
FILE STATUS AND LOCATION:
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR THE
APPROVAL FOR THE LOUSHIN CONDITIONAL USE REVIEW FOR TWO ATTACHED
ACCESSORY DWELLING UNITS WITHIN A NEW DUPLEX IN AN RMF (RESIDENTIAL
MULTI - FAMILY) ZONE DISTRICT LOCATED AT 904 E. COOPER (LOTS K &L
BLOCK 117, AND LOT L BLOCK 35, TOWNSITE OF ASPEN AND EAST ASPEN
ADDITION)
Resolution No. 92- EC
WHEREAS, the Planning Office received an application for
Conditional Use for a duplex residence with two attached accessory
dwelling units from William, Steven, Deborah, and Brent Loushin,
represented by David Forrest; and
WHEREAS, the two 300 net livable square foot accessory
dwelling units in the basement are being provided in accordance
with the RMF (Residential Multi- Family) zone district requirements
for duplex development; and
WHEREAS, the Planning Office reviewed the proposal and
recommended approval of the Conditional Use with conditions; and
WHEREAS, at a public hearing on April 7, 1992 the Planning
and Zoning Commission approved by a 6 -0 vote the Conditional Use
for an attached accessory dwelling units with the conditions
recommended by the Planning Office.
NOW, THEREFORE BE IT RESOLVED by the Commission:
That the Loushin Conditional Use for two attached accessory
dwelling units is approved with the following conditions:
1. The owner shall submit appropriate deed restrictions to the
Aspen /Pitkin County Housing Authority for approval. The units
shall be deed restricted to resident occupancy with minimum 6 month
leases. Upon approval by the Housing Authority, the Owner shall
record the deed restrictions with the Pitkin County Clerk and
Recorder's Office.
2. Prior to issuance of any building permits for the duplex, a copy
of the recorded deed restrictions for the accessory dwelling units
must be forwarded to the Planning Office.
3. One parking space shall be provided on -site for each accessory
dwelling unit.
4. All material representations made by the applicant in the
application and during public meetings with the Planning and Zoning
Commission shall be adhered to and considered conditions of
approval, unless otherwise amended by other conditions.
1
\i . _ . -
\ APPROVED by the Commission at its regular meeting on April 7, 1992.
Attest: ,z C Planning and Zoning Co����ission:
( «_ ; - tom% _n 9. , Ji ; Auf - r I C
1 1 "Aan Carney, Deput / Ci - Clerk Jasmine Tygre, Char ,
2
1ti
MEMORANDUM
TO: Planning and Zoning Commission �� G-
FROM: Kim Johnson, Planning Office
RE: Loushin Conditional Use for an Attache Accessory
Dwelling Unit
DATE: April 7, 1992
SUMMARY: Staff recommends approval of Conditional Use for the
Loushin attached accessory dwelling unit with conditions.
APPLICANT: William, Steven, Deborah, and Brent Loushin,
represented by David Forrest
LOCATION: The parcel is at 904 E. Cooper (Lots K &L Block 117, and
Lot L Block 35, Townsite of Aspen and East Aspen Addition)
ZONING: RMF (Residential Multi- Family)
APPLICANT'S REQUEST: The applicant is requesting Conditional Use
approval to develop two attached accessory dwelling units in
conjunction with the construction of a duplex as required in the
RMF Zone District. Each accessory unit will be 300 s.f. of net
livable area and will be located in the basement of the duplex.
Please see Attachment "A" for floorplans and building elevations.
STAFF COMMENTS: On the subject property there exists a single
family dwelling which will be demolished prior to construction of
the new duplex. Ordinance 1 typically requires replacement
affordable housing or cash -in -lieu for demolition of existing
residences. However, in this case the underlying zoning (RMF)
already has provisions for affordable housing which is dictated by
(_ the proposed duplex. The RMF zoning of the property allows
1 duplexes with the requirements that either one half of the duplex
be deed restricted to affordable housing or that each free market
�\`\"' unit provide an accessory dwelling unit. This applicant is
proposing development under the second option.
Conditional Use for attached accessory dwelling unit: The
Commission has the authority to review and approve development
applications for conditional uses pursuant to the standards of
Section 7 -304:
A. The conditional use is consistent with the purposes, goals,
objectives and standards of the Aspen Area Comprehensive Plan,
and with the intent of the Zone District in which it is
proposed to be located.
RESPONSE: This proposed unit will allow the property to house a
local employees in an RMF residential area, which complies with the
zoning and Aspen Area Comprehensive Plan.
B. The conditional use is consistent and compatible with the
character of the immediate vicinity of the parcel proposed for
development and surrounding land uses, or enhances the mixture
of complimentary uses and activities in the immediate vicinity
of the parcel proposed for development.
RESPONSE: The accessory dwelling uses are compatible with the
other residential uses in the surrounding neighborhood. The units
will not be visible from the outside.
C. The location, size, design and operating characteristics of
the proposed conditional use minimizes adverse effects,
including visual impacts, impacts on pedestrian and vehicular
circulation, parking, trash, service delivery, noise,
vibrations and odor on surrounding properties.
RESPONSE: The proposed accessory units will be completely
contained within the existing duplex. A parking space is not
required by code for a studio accessory unit, but the applicant
states that one space per ADU will be designated on the apron of
the parking garage. Both units will access the exterior through
a common stairway to the east side of the house. No other
significant impacts are anticipated.
D. There are adequate public facilities and services to serve the
conditional use including but not limited to roads, potable
water, sewer, solid waste, parks, police, fire protection,
emergency medical services, hospital and medical services,
drainage systems, and schools.
RESPONSE: All public facilities are all ready in place for the
existing home and neighborhood.
E. The applicant commits to supply affordable housing to meet the
incremental need for increased employees generated by the
conditional use.
RESPONSE: The proposed deed restricted unit will satisfy the RMF
affordable housing requirements for duplex development. The
applicant must file appropriate deed restrictions for resident
occupancy, including 6 month minimum leases. Proof of recordation
must be forwarded to the Planning Office prior to issuance of any
building permits.
F. The proposed conditional use complies with all additional
standards imposed on it by the Aspen Area Comprehensive Plan
and by all other applicable requirements of this chapter.
2
RESPONSE: This use complies with the Aspen Area Comprehensive Plan
and any other applicable conditional use standards.
Section 8 -104 1.d. allows the Commission to approve accessory
dwelling units to be exempt from growth management competition.
This proposal qualifies upon approval of its conditional use
review.
STAFF RECOMMENDATIONS: The Planning Office recommends approval of
Conditional Uses for two attached accessory dwelling units for the
Loushin duplex with the following conditions:
1. The owner shall submit appropriate deed restrictions to the
Aspen /Pitkin County Housing Authority for approval. The units
shall be deed restricted to resident occupancy with minimum 6 month
leases. Upon approval by the Housing Authority, the Owner shall
record the deed restrictions with the Pitkin County Clerk and
Recorder's Office.
2. Prior to issuance of any building permits for the duplex, a copy
of the recorded deed restrictions for the accessory dwelling units
must be forwarded to the Planning Office.
3. One parking space shall be provided on -site for each accessory
dwelling unit.
4. All material representations made by the applicant in the
application and during public meetings with the Planning and Zoning
Commission shall be adhered to and considered conditions of
approval, unless otherwise amended by other conditions.
RECOMMENDED MOTION: I move to approve Conditional Uses for two
attached accessory dwelling units within the proposed Loushin
Duplex at 904 E. Cooper, with the four conditions recommended in
the Planning Office memo dated 4/7/92.
Attachments: "A" - Proposed Site Plan, Floorplans, and Elevations
loushin.adu.memo
3
PLANNING ONING COMMISSION
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PUBLIC NOTICE
RE: LOUSHIN CONDITIONAL USE REVIEW FOR AN ACCESSORY DWELLING UNIT
NOTICE IS HEREBY GIVEN that a public hearing will be held on
Tuesday, April 7, 1992 at a meeting to begin at 4:30 pm before the
Aspen Planning & Zoning Commission, 2nd floor Meeting Room, 130
South Galena Street, Aspen, Colorado to consider an application
submitted by David Forest, Shawn Helda Group, 3423 Fordham Ave.,
Santa Ana, California 92704, requesting a conditional use permit
for an attached accessory dwelling unit to be constructed on a
proposed new residence located at 904 E. Cooper.
For further information, contact Kim Johnson at the Aspen/
Pitkin Planning Office, 130 S. Galena St., Aspen, CO 920 -5090.
s /Jasmine Tvcfre, Chairman
Planning and Zoning Commission
Published in The Aspen Times on March 19, 1992.
City of Aspen Account
1
SHAWN HELDA GROUP
3 Se
March 2, 1992
1 -� 31 0 -3
Ms. Kim Johnson
Planner
130 So. Galena St.
Aspen, Co. 81611
Re: Conditional use permit for accessory dwelling units at 904E. Cooper Ave.
Dear Kim:
Per our telephone conversation today I'm sending you a package containing
all of the information you require for the processing of the conditional use
permit at 904 E. Cooper Ave.
Please review the package as soon as possible to confirm that we can get on the
April 7, 1992 planning commission calendar. It is extremely important to our
schedule to get the approval in early April. I am happy to add any additional
information you require to insure that our application is complete. We want to
make the approval as simple as possible by providing adequate information to
staff prior to the meeting.
Thank you for your cooperation.
5 ince'rel
Y
David R. Forrest
Director of Operations
Shawn Helda Group
3423 FORDHAM AVENUE • SANTA ANA • CALIFORNIA 92704 - 714 966-0917 • FAX 714 662-6949
Conditional Use Permit Application
904 E. Cooper St.Aspen, Colorado 81611
Contact:
David R. Forrest
•
LAND ZEE A O
APPLICATION F
1) Project Name -i rk Ake' 4 , _ -0 A t '
2) Project Location 9 04-- t. Csoss S . 4 c a Go e I C� 11.
P c- 4 '.1 -OK-\ L- E�twtc.%►-r C. ttt' Pa
kw ,,M -caw cF WE,tl Tar 5 : Lor � I $ t. cx.tc
(indicate street address, lot & block ranter, legal dip E tr where - t alea Ao0
appropriate) rn ej g 3) Present Zoning t 1F 4) Lot Size &DC fr S
5) Applicant's Name, Address & Phone • - ' C. I
- s1 1 X1Mw r 1` .P P Gs() 50gv1 - &-NA A"4 . SNArps A raA (A . et 210c}-
6) Representative's Nam Address & Ftmne f SAME - As AP,IZNI •
--r r" clot r 114. 9 (oCt • 091 '7 - 714 9 4 G c)
7) Type of Application (plea • check all that apply):
X Conditional Use Conceptual SPA Conceptual Historic Dev-
Special Peview _ Final-SPA Final Historic Dev-
_ 8040 creenli e Conceptual AM • _ Minor Historic Dev.
Stream Margin _ Final RIO _ Historic Demolition
Mountain View Plane _ Subdivision _ Historic Designation
Co nkwiniumizatlon' Text/Map Amendment Q''13S Allotment • Ion Split/Lot Line - — CZ9S Exemption ' .
Adjustment
8) Descripticn of Exist Uses - (number and type of existing str ctuxes;
approximate sq. ft.; Number of ; any previous approvals granted to the
ProPerty) -
sri it tisiE : ► 1s 1 1 10o5r. , 4 6ep -t _
R.vi -csq 'FL n Ccxz 7\3 Su-
9) Description of Development Application
< - 1 : = 6 1 1 Va.- 4 NE %4 1's *.F'x u31z14 - rwv 3 co S.F
AccESSctzY \) aLui ?Eg- Asc'€c-t 4 - \
avid; Nu ' G1.v1iz M t.1IS
10) Have you attached the following'?
Response to Attachment 2, Minimum Submission Contents
• Response to Attachment 3, Specific •ltmics1Cn Contents
Response to Attachment 4, Review Standards for Year Application
1
A. Page 3
Attachment 2
Conditional Use Permit Application for 904 E. Cooper St.
la. Applicants: William Joseph Andrew Loushin
Steven William Loushin
Deborah William Loushin
Brent Alan Loushin.
1b. Business Address: Shawn Helda Group
3423 Fordham Ave.
Santa Ana, Ca. 92704
Telephone 714 966 0917
lc. Authorized Representative: David R. Forrest
Director of Operations
Shawn Helda Group
A separate letter authorizing David R. Forrest and Shawn Helda as our
representatives in regard to this development and conditional use
application is attached as Exhibit B.
2a. Property Address: 904 E. Cooper St. Aspen, Co. 81611
2b. Legal Description: Parcel A
LotsK &L
Block 117
City and Townsite of Aspen
Parcel B
Lot L
Block 35
East Aspen Addition to the City and
Townsite of Aspen.
3a. Disclosure of Ownership: Exhibit A: 1st American Title
Insurance commitment for title
insurance # 401740:
Page 4
4. Vicinity Map: Exhibit C.
5. Description of the Proposal:
The proposed development consists of 2 free market units and two 300 sf
accessory dwelling units. The free market units contain approximately
3600 FAR sf. in two stories above grade with two additional bedrooms
below grade. Each garage is approximately 500 sf. Refer to Exhibit D for
exact area calculations.
The design maximizes the 10% allowable exposed wall below grade to add
natural light to the accessory dwelling units and below grade bedrooms.
Exterior stairs, balconies, and decks total less than 15% of the total FAR
as required by Aspen Code.
Exhibit D includes:
1. Three conceptual floor plans and FAR calculation overlays.
2. Site plan with calculations of open space area.
3. One section through natural grade to establish building height.
4. Four elevations.
5. Axonometric drawing of the below grade level to illustrate light
wells and the percent of exposed area calculation.
The building exterior will be a traditional, predominantly stone and
glass structure intended to be compatible with the existing historical
stone buildings in Aspen.
Attachment 3
Conditional Use Permit Application for 904 E. Cooper St. Aspen.
A. The site is bordered by West End St., Cooper Ave., the adjacent alley and
an open lot of 12,000 sf. There are no existing features which are
relevant to the review of this application. All proposed features are
shown on the attached drawings (Exhibit C).
B. Proposed schematic elevations are attached in Exhibit C.
Page 5
Attachment 4,
A. The conditional use is consistent with the the standards of the Aspen
Area Comprehensive Plan because it provides affordable housing for
employees of the area which meet the requirements set forth by RMF
zoning.
B. The proposed accessory dwelling units are compatible with the
surrounding area because they provide additional affordable housing
in an existing residential neighborhood. The deed restrictions required
by RMF zoning insure that these affordable units will be maintained as
such. These units add affordable housing to a neighborhood which
would traditional demand much higher market rents fulfilling the
intent of RMF zoning and the comprehensive plan.
C The units are below grade so there is little or now visual impact except
for the adjoining light wells bringing natural light and air into the
units. The units meet the requirements of RMF accessory dwelling units
making them compatible with all surrounding uses. Pedestrian
circulation is unaffected. One parking space is designated for each unit
on the apron of the parking garage.
There should be no impact in regard to noise, vibrations and odor on
surrounding properties. The units are sound and vibration insulated
separating them from adjacent units.
D. All public services currently serve the site. The accessory dwelling
units will not over load any of the standard systems provided by the
town of Aspen.
E. The two accessory dwelling units being reviewed for this application
provide the required affordable housing per RMF zoning.
F. We have consulted with staff at the Aspen planning office and there are
no additional standards imposed by the Comprehensive Plan and by all
other applicable requirements of the Aspen Code regarding these
accessory dwelling units.
Form No. 1343 (CO -90) I�
ALTA Plain Language Commitment - iQ t r
t
COMMITMENT FOR TITLE INSURANCE
ISSUED BY
agent for
FIRST AMERICAN TITLE INSURANCE COMPANY
AGREEMENT TO ISSUE POLICY
Fl RSTAMERICAN TITLE INSURANCE COMPANY, referred to in thisCommitment astheCompany,
through its agent, identified above, referred to in thisAgreement as the Agent, agrees to issue a policy to
you according to the terms of this Commitment When we show the policy amount and your name as the
proposed insured in ScheduleA, thisCommitment becomes effective as of the Commitment Date shown
in Schedule A.
If the Requirements shown in thisCommitment have not been met within six months aftertheCom-
mitment date, our obligation under thisCommitment will end. Also our obligation under thisCommitment
will end when the Policy is issued and then our obligation to you will be under the Policy.
Our obligation under this Commitment is limited by the following:
The Provisions in Schedule A.
The Requirements in Schedule B -1.
The Exceptions in Schedule B -2.
The Conditions on the reverse side of this page
This Commitment is not valid without SCHEDULE A and Sections 1 and 2 of SCHEDULE B.
First American Title Insurance Company
0 M ��vws�� BY PRESIDENT �' 1 �SU 1 ,h )'r
ai0p c ) i
BY _ G �,. � SECRETARY • s
BY • COUNTERSIGNED
,
Form 1756 -A
Commitment. Schedule A
Setterf leld & Ryan - Realtors
Attn: Mark Kwlecienski
415 East Hyman Ste. 105
Aspen, CO 81611 SCHEDULE A
Customer Reference No.
1. Effective Date: January 3, 1992 at 7:00 A.M. Commitment No: 401740 -C3
TS /jp
2. Policy or Policies to be issued: Amount
(al ❑ ALTA Owner's Policy $ 600, 000.00
Proposed Insured: ROBERT SHAWN HELDA
lb) ❑ ALTA Loan Policy $ 480, 000.00
Proposed Insured: GMAC MORTGAGE CORFDRAT ION OF PA,
its successors and /or assigns
(c) ❑ $
3. The estate or interest in the land described or referred to in this commitment and covered herein is fee simple and
title thereto is at the effective date hereof vested in:
WILLIAM JOSEPH ANDREW LWSHIN, STEVEN WILLIAM LWSHIN,
DEBORAH WILLIAM LOUSHIN and BRENT ALAN LOUSHIN, In joint tenancy
4. The land referred to in this commitment is
LEGAL DESCRIPTION SET FORTH ON SHEET ATTACHED
HERETO AND BY THIS REFERENCE INCORPORATED HEREIN
AND MADE A PART I-EREOF.
Owner's Premium: $ 1,445.00 CC's to:
Lender's Premium: $ 50.00 Setterfield & Ryan - Realtors
Tax Certificate: $ 10.00 Thomas A. Melberg Realty
Endorsement Chg: $ 35.00 (MAC Mortgage Corporation of PA
TBD Charges: $ Albert Kern
Additional Chgs: $
TOTAL CHARGES: $ 1,540.00
Order No. 401740 -C2
Plat I.D. #
SCHELULE A (continued)
Covering the Land In the State of Colorado, County of Pitkin, Described as fol lows:
PARCEL A:
Lots K and L,
Block 117,
CITY AND TOWNSITE OF ASPEN
PARCEL B:
Lot L,
Block 35,
EAST ASPEN ADDITION TO THE CITY AND TOWNSITE OF ASPEN
Form 1756 - 81
Commitment, Schedule B -1
SCHEDULE B - Section 1 No.
Requirements
401740 -C3
The following are the requirements to be complied with:
Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or
interest to be insured.
Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for
record, to -wit:
1. Deed from the Town of Aspen to WilItam Joseph Andrew Loushin, Steven
William Loushin, Deborah William Loushin and Brent Alan Loushin ( as to
Parcel B).
NOTE: Duly executed real property transfer declaration, executed by
either the Grantor or Grantee, to accompany the Deed mentioned above,
pursuant to Article 14 of House Bill No. 1288 - CRA 39 -14 -102.
NOTE: ThIs requirement Is necessary because no Deed appears of record
conveying Parcel B from the Town.
2. Deed from William Joseph Andrew Loushin, Steven WII11am Loushin, Deborah
Wllltam Loushin and Brent Alan Loushin to Robert Shawn Fields.
NOTE: Duly executed real property transfer declaration, executed by
either the Grantor or Grantee, to accompany the Deed mentioned above,
pursuant to Article 14 of House BiII No. 1288 - CRA 39 -14 -102.
3. Evidence satisfactory to the Company or its duly authorized agent either
(a) that the "real estate transfer taxes" imposed by Ordinance No. 20
(Series of 1979), and by Ordinance No. 13, (Series of 1990), of the City
of Aspen, Colorado have been paid, and that the (lens Inposed thereby
have been fully satisfied, or (b) that Certificates of Exemption have
been issued pursuant to the provisions thereof.
4. Deed of Trust from Robert Shawn Nelda to the Public Trustee of Pitkin
County for the use of GMAC Mortgage Corporation of PA, to secure
$480,000.00.
THE MORTGAGE POLICY, WHEN ISSUED, WILL NOT CONTAIN EXCEPTIONS NO. 1, 2,
3 AND 5, AND WILL CONTAIN ENDORSEMENT FORM 100, FROVIDED THAT (A) THE
ENCLOSED FORM1 OF INDEMNITY AGREEMENT OR FINAL AFFIDAVIT AND AGREEMENT IS
PROPERLY EXECUTED AND ACKNOWLEDGED BY THE PARTY(IES) INDICATED AND
RETURNED TO THE COMPANY OR ITS DULY AUTHORIZED AGENT, (6) THE COMPANY OR
ITS DULY AUTHORIZED AGENT RECEIVES AND APPROVES AN IMPROVEMENT LOCATION
CERTIFICATE PROPERLY CERTIFIED BY REGISTERED SURVEYOR OR ENGINEER, AND
(Continued)
Commitment No. 401740 -C3
REQUIREMENTS - continued
(C) APPLICABLE SCHEDULED CHARGES IN THE AMOUNT OF $35.00 ARE PAID TO THE
COMPANY OR ITS DULY AUTHORIZED AGENT.
THE MORTGAGE POLICY, WHEN ISSUED, WILL CONTAIN ENDORSEMENT FORI(S) 8.1,
PROVIDED THAT APPLICABLE SCHEDULED CHARGES IN THE AMCUNT(S) OF $N /C ARE
PAID TO THE COMPANY OR ITS DULY AUTHORIZED AGENT.
Form 1756 - B2 (Modified 1 /841
Commitment. Schedule B -2
Colorado Order No. 401740 —C3
SCHEDULE B - Section 2
- Exceptions
The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to
the satisfaction of the Company.
Any loss or damage, including attorney fees, by reason of the matters shown below:
1. Any facts, rights, interests, or claims which are not shown by the public records but which could ascer-
tained by an inspection of said land or by making inquiry of persons in possession thereof.
2. Easements or claims of easement which are not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments and any otherfacts which
a correct survey would disclose, and which are not shown by public records.
4. Any water rights or claims or title to water in, on or under the land.
5. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by
law and not shown by the public records.
6. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the
public records or attaching subsequent to the effective date hereof but prior to the date the proposed
insured acquires of record for value the estate or interest or mortgage thereon covered by this
commitment.
7. Taxes due and payable; and any tax, special assessments, charge or lien imposed
for water or sewer service, or for any other special taxing district.
8. Any mine of gold, sliver, cinnabar or copper, or any valid mining claim or
possession held under existing laws, as reserved by M. G. Miller, County
and Probate Judge of Pitkin County, Colorado, in the Deed to H.C. Kennedy
recorded December 13, 1887, in Bock 59 at Page 164.
9. Any and all unredeemed tax sales.
NOTE: Upon receipt of a Certificate of Taxes Due evidencing that there are
no existing open tax sales, the above exception wilt not appear on the
policies to be issued hereunder.
Exceptions number are hereby omitted.
OTICE TO PROSPECTIVE BUY .S
OF SINGLE FAMILY RESIDENCES
(PURSUANT TO INSURANCE REGULATION 89 -2)
A. "GAP" PROTECTION
When First American Title Insurance Company or its authorized agent, (hereinafter referred to as "Com-
pany"), is responsible for recording or filing the legal documents creating the estate or interest to be insured in
a single family residence and for disbursing funds necessary to complete the transaction, the Cornpany shall
be responsible for any deeds, mortgages, lis- pendens, liens or other Lille encumbrances which first appear in
the pubic records subsequent to the Effective Date of the Commitment but prior to the Effective Date of the
Policy, provided the following conditions are satisfied prior to the Company's disbursement of the funds:
1. Properly executed documents creating the estate or interest are in the possession of the Company.
2. A fully executed Affidavit and Indemnity form signed by the seller and satisfactory to the Com-
pany is in the possession of the Company.
No Coverage will be afforded against deeds, mortgages, lis- pendens, liens or other title encumbrances ac-
tually known to the proposed insured prior to or at the time of recordation of the documents.
Public Records as used hetein means those records established under stale statutes for the purpose of
imparting constructive notice of deeds, mortgages, lis- pendens, liens or other title encumbrances to purchasers for
value and without knowledge.
•B. MECHANICS' LIEN PROTECTION
If you are a buyer of a single family residence, you may request coverr.ge against loss because of
unrecorded claims asserted by construction, labor or material suppliers against your home.
If no construction, improvements or major repairs have been undertaken on the property to be purchased
within six rlrenths - prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded
liens will be payment of the appropriate premium and the execution by the seller of an Affidavit and Indemnity
form satisfactory to the Company.
If there have been construction, improvements or major repairs undertaken on the property to be pur-
chased, within six months prior to the Dale of the Commitment, the requirements to obtain coverage for
unrecorded liens will include: disclosure of certain construction inforration; financial information as to the seller, the
builder and /or the contractor; payment of the appropriate premium; fully executed Indemnity Agreements satis-
factory to the Company; and, any additional requirements as may be necessary alter an examination of the
aforesaid information by the Company.
No coverage will be given under any circumstances for labor or material for which you have contracted or
agreed to pay.
NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY
OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY
SATISFIED.
C -3 (Commitment Notice)
DISCLOSURE STATEMENT REQUIRED BY
COLORADO REVISED STATUTES
§10 -11 -122
Colorado Revised Statutes §10 -11 -122 requires that "every title insurance agent or title insurance company shall
provide, along with each title commitment issued, a statement disclosing the following information:
(a) That the subject real property may be located in a special taxing district;
(b) That a certificate of taxes due listing each taxing jurisdiction may be obtained from the
county treasurer or the county treasurer's authorized agent;
(c) That information regarding special districts and the boundaries of such districts may be
obtained from the Board of County Commissioners, the County Clerk and Recorder or the
County Assessor."
ti
GCT TS
J
C9 %
& J
«2
February 19, 1992
Aspen / Pitkin County Planning Office
130 South Galena
Aspen, Colorado 81611
Re: Lots K and L, Block 117, City and Townsite of Aspen
Lot L, Block 35, East Aspen Addition to the City and Townsite
of Aspen, Pitkin County, Colorado
Ladies and Gentlemen:
This letter is written to authorize Mr. Robert Shawn Helda and
Mr. David R. Forrest to submit an Application for Conditional Use
Permit for the construction of an Accessory Dwelling Unit on the
above Property. The undersigned are the present owners of the
Property, subject to a Contract dated September 16, 1991, for
purchase of the Property by Mr. Helda.
Mr. Helda and Mr. Forrest are authorized to act as our
representative in connection with the Application for Conditional
Use Permit. The Commitment for Title Insurance No. 401740 is
attached hereto showing that the undersigned are the owners of the
Property.
Should you request any additional information, please contact
Mr. Helda's attorney, B. Joseph Krabacher at 925 -6300.
William Loushin
` ` 1 CZOFti t 7t
Steven Loushin
4 ,14,6TCH
Deborah L. Loushin
Brent Loushin
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