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HomeMy WebLinkAboutcoa.en.Rigsby.1006 E Cooper.1991 #340556 01 /C92 13 :29 Rec $15,citi Br 66, 781 f Si lvia Davis, Pitkin Cnty Clerk, Doc $.Oi t ENCROACHMENT AGREEMENT This agreement made and entered into this /t ilt' day ofh , 1991 , by and between the CITY OF ASPEN, Pitkin County, Colorado, hereinafter referred to as "Aspen" and Cecilia Jane Rigsby hereinafter referred to as "Licensee." WHEREAS, Licensee is the owner of the following described property located in the City of Aspen, Pitkin County, Colorado: 1006 East Cooper Block 34, Lot L and part of Lot M City of Aspen, Pitkin County, Colorado WHEREAS, said property abuts the following described public right -of- way(s): The alley of Block 34 WHEREAS, Licensee desires to encroach upon said right -of way(s): The encroachment is shown on the attached drawing and is described as follows: At the northern most boundary of Lot L and M, Block 34, the existing shed encroaches into the public right -of -way ` approximately six feet for its entire length which is approximately thirty -two feet. WHEREAS, Aspen agrees to the grant of a private license of encroachment as it exists subject to certain conditions. THEREFORE, in consideration of the mutual agreement herein- after contained, Aspen and Licensee covenant and agree as follows: 1. A private revocable license is hereby granted to Licensee to occupy, maintain and utilize the above described portion of public right -of -way for the sole purpose described. 2. This license is granted for a perpetual term subject to being terminated at any time and for any reason at the sole discretion of the City Council of the City of Aspen. 3. This license shall be subordinate to the right of Aspen to use said area for any public purposes. *3405 01/15/92 13:29 Rec $15.064 666 PG 782 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 4. Licensee is responsible for the maintenance and repair of the public right -of -way, together with improvements constructed therein, which Aspen, in the exercise of its discretion, shall determine to be necessary to keep the same in a safe and clean condition. 5. Licensee shall at all times during the term hereof, carry public liability insurance for the benefit of the City with limits of not less than those specified by Section 24- 10- 114,C.R.S., as may be amended from time to time, naming the City as co- insured. Licensee shall maintain said coverage in full force and effect during the term of this License and shall furnish the City with a copy of such coverage or a certificate evidencing such coverage. All insurance policies maintained pursuant to this agreement shall contain the following endorsement: It is hereby understood and agreed that this insurance policy may not be cancelled by the surety until thirty (30) days after receipt by the City, by registered mail, of a written notice of such intention to cancel or not to renew. The licensee shall show proof of this insurance to the City before this agreement is filed. 6. Licensee shall save, defend and hold harmless against any and all claims for damages, costs and expenses, to persons or property that may arise out of, or be occasioned by the use, occupancy and maintenance of said property by Licensee, or from any act or omission of any representative, agent, customer and /or employee of Licensee. 7. This license may be terminated by Licensee at any time and for any reason on thirty (30) days written notice of Licensee's intent to cancel. This license may be terminated by Aspen at any time and for any reason by resolution duly passed by the City Council of the City of Aspen. Upon termination Licensee shall, at Licensee's expense, remove any improvements or encroachments from said property. The property shall be restored to a condition satisfactory to Aspen. 8. This license is subject to all state laws, the provisions of the Charter of the City of Aspen as it now exists or may hereafter be amended, and the ordinances of the City of Aspen now in effect or those which may hereafter be adopted. 9. Nothing herein shall be construed so as to prevent Aspen from granting such additional licenses or property interests in or affecting said property as it deems necessary. #340556 �U /15 /92 1.3:, ^ Rer $15. 00 P )166 FG 783 Silvia is, Pit{::in Cnty Cler4::, Dom .0 10. The conditions hereof imposed on the granted license of encroachment shall constitute covenants running with the land, and binding upon Licensee, their heirs, successors and assigns. 11. In any legal action to enforce the provisions of this Agreement, the prevailing party shall be entitled to its reason- able attorney's fees. 12. If the structure for which this license was issued is removed for any reason, Licensee may not rebuild in the same location without obtaining another encroachment license prior to building. No existing encroachment shall be enlarged without obtaining an additional license prior to construction. 13. The licensee waives any and all claims against the City of Aspen for loss or damage to existing or new improvements constructed within the encroachment area. 14. No future building permits will be issued that pertain to major redevelopment of the entire property until this encroachment is eliminated. This license replaces and supercedes all previously granted or recorded licenses for this property, 1006 E. Cooper. IN WITNESS WHEREOF,the parties executed this agreement at Aspen the day and year first written. CITY OF ASPEN, COLORADO By John Bennett, Mayor ATTEST: Kathryn . Koch, City Clete C. J. Ri by, Licensee I MEMORANDUM To: Mayor and City Council Thru: Amy Margerum, City Manager -/ Thru: Bob Gish, Public Works Director I From: Rob Thomson, Project Engineer n'F Date: November 6, 1991 Re: C.J. Rigsby's Encroachment License at 1006 E. Cooper SUMMARY: During the October 15, 1991 City Council Meeting citizens comments, a neighbor to 1006 E. Cooper presented a letter requesting that Council rescind its recent approval of an encroachment license for 1006 E. Cooper. Council at that time directed staff to investigate and report back to Council. COUNCIL GOALS: Goal #9: To maintain, renovate, reconstruct and manage the capital Assets of the City....It is desired to regain the full width of the alley. Goal #10: To preserve the traditional character of the town including historic structures, open space, small lodges and local services....The structure has been in the same spot for plus or minus 100 years. Goal #15: To protect and serve our residents and visitors in an open, fair and sensitive manner.... Granting a license to this encroachment is a function of the engineering department. PREVIOUS COUNCIL ACTION: August 12, 1991 Council approved the encroachment license deleting item 13 (if any improvements were made to the encroaching shed the licensee agrees to move the shed out of the public right -of -way and onto private property be deleted) and inserting language into item 14 (the licensee waives any and all claims against the city of Aspen for loss of damage to any existing or new improvements constructed within the encroachment area) of the encroachment license. October 15, 1991 meeting Council directed staff to investigate a citizens request that the encroachment license be rescinded. PROBLEM DISCUSSION: Cecilia J. Rigsby owns a structure at 1006 E. Cooper that encroaches into the public right -of -way. The structure encroaches approximately six feet in depth and for its entire length of 32 feet. The public right -of -way is twenty feet wide which is also the emergency access width required by the municipal code. Ms. Rigsby applied for and was granted, by Council approval, an encroachment license. It wasn't until work began on the structure that City departments received inquiries about the work and subsequently the letter to Council requesting the encroachment license be rescinded by Mr. Meeker. Referring to the attached October 15,1991 letter from Mr. Meeker the engineering department has the following comments: 1. Public notification is not required in the encroachment license process. In light of this situation, staff will look at each application on a case by case basis and determine if the severity of the encroachment warrants public notification. 2. The Sunrise Condominiums, which are directly across the alley from the structure, were built sometime in 1976/1977. They have been maneuvering around the encroaching structure since their inception. 3. The police and fire departments have reviewed the encroachment and find no particular problem with it. 4. One of the purposes of public right -of -ways is for utilities. There are standards for the placement of utilities with relation to other utilities, but they can be placed anywhere within the r.o.w.. In this particular instance, should any major placement or repairs be required, the encroaching structure would hinder the work. As related from Roxanne Eflin, the HPC has taken the position of strongly recommending the encroachment license not be revoked. They have encouraged the adaptive use of the historic outbuilding for a cottage Infill Dwelling Unit, and feel strongly that this small, non - conforming parcel needs incentives. The engineering department has not changed its position from the original recommendation. The structure should be moved out of the public right -of -way and onto private property. There is room now because people drive around the structure using a portion of the Sunrise property. Should the Sunrise Condominiums build a fence the alley will be narrowed to 13 feet at this location. RECOMMENDATION: Staff recommends that the existing encroachment license remain in effect, but add the condition that no future permits will be issued unless this encroachment is corrected. rt /memo91.76 ''e' ACT 1 5 1991 / AAII ll CF. r:. i?•., i"cG+ It l6JNGic , tLY RECEIVED ! OCT 151991 136if "len treet pen ,a -.4..01 30 3i 24 m � vt tjorney ' §20Y9 ax CERTIFIED - RETURN RECEIPT RE.UESTED October 16, 1991 Ms. Cecilia J. Rigsby P.O. Box 2175 Aspen, Colorado 81612 Dear Ms. Rigsby: During last evening's "Citizen's Comments and Petitions" portion of City Council's meeting, one of your neighbors presented a letter requesting that Council rescind its recent approval of an encroachment license for 1006 East Cooper (see attachments). As you know, the encroachment license, by its own terms, provides that it may be rescinded at any time and for any reason at the sole discretion of the City Council. Council has directed staff to investigate your neighbor's request and report back to Council at its October 28th meeting. This letter is to advise you as expeditiously as possible that Council may decide at its October 28th meeting to rescind the encroachment license for 1006 East Cooper. You should appear and be prepared to answer any questions on the 28th. You may also wish to consult with legal counsel. Please feel free to contact this office should you have questions. Please also note that, as yet, you still have not complied with the terms of the encroachment license in respect to insurance. Very truly yours, V11 I Edward M. Caswall City Attorney EMC /mc jc1016.1 cc: Glenn Rappaport recycled paper Richard J. Meeker 752 MeaJowood Drive October 15, 1991 Asper., Colorado 81611 Dear Mayor Bennett, Council Members Pendleton, Richards, Peters and Reno: My name is Dick Meeker. I was one of the developers of the Sunrise Condominiums at 1007 East Hyman, am an owner of one of the units and President of the Condominium Association. We observed new survey stakes and demolition work being done at 1006 East Coopr across the alley from Sunrise. (see photos) Inquiries to the City Building Department, Engineering Department and the Planning and Zoning Department revealed an encroachment license was granted Rigsby at 1006 East Cooper at the Council Meeting of August 12, 1991. (see minutes of 8/12 meeting) Unfortunately noti- fication to adjoining property owners was not required. Reviewing the minutes of that Council meeting we find that certain facts were omitted which may have changed Councils decision. These are: 1) The parking spaces at Sunrise are 25 feet deep from the alley property line, deep enough to accomodate full size cars of 18 feet and vans of 20 feet. These vehicles need almost all of the intended 20 foot alley width to easily enter and exit these parking spaces. Presently, the parking spaces opposite the existing structure in question require extensive maneuvering to park even a mid -size car not to mention longer ones. 2) Because of the current encroachment, the alley is reduced to . a single lane of traffic due to a garage which is built to the property line at 1001 East Hyman. This could be a problem if emergency vehicles were needed in this dead -end alley. 3) Because it is dead -ended this alley may be the most trafficed in Aspen since it services the off - street parking of more than 32 vehicles. 4) Due to this 8 1/2 foot encroachment into the alley right of way underground utilities, electrical power, phone lines, TV cable are brought out of the ground even further into alley. Some time in the future Council will have to deal with this issue. In view of these facts may we request Council rescind the encroachment's license granted at the August 12, meeting and work out some sort of \ an agreement and variance to allow the owner Rigsby to either move or construct a new dwelling with proper power, sewer, water and heating meeting building codes. Doing so would be a meaningful and significant improvement to the neighborhood and would probably reduce current and future costs to the owner and the City of Aspen. Res ectfully submitted, r' #8 1 T ----- nt e --- Presi , Sunrise Condominium Association Regular Meeting Aspen City Council August 12 1991{ PROPOSED FNMA FORECLOSURE PROCEDURES This is tabled to August 26th. ENCROACHMENT REQUEST - Rigsby 1006 East Cooper Rob Thomson, engineering department, told Council this is a request for an encroachment for a shed in the alley behind 1006 East Cooper. The shed encroaches into the alley about 6. feet by 32 feet. The alley is 20 feet wide. If someone were to build a fence opposite this shed, there would only be 13 feet for emergency equipment. Thomson said staff is not in favor of someone living in the alley. Thomson pointed out an encroachment license is a revokable license; it is an acknowledgement there is an encroach- ment in the public right of way. Councilwoman Richards asked if the shed can be moved onto the property before the cottage infill is created. Glen Rappaport, representing the applicant, told Council this is in an RMF zone; the lot size is 4,294 square feet. The minimum duplex size in this zone is 6,000 square feet. This is a non - conforming lot for that purpose. The shed is 350 square feet and encroaches 6 feet into the public right -of -way. Rappaport said the applicant is trying to legitimize a pre- existing condition. The shed has not posed a life, safety problem in the last 100 years. The shed has electricity and a wood burning stove; it was at one time a dwelling. Rappaport said if the applicant is granted an encroach- ment license, they will go through the cottage infill program and develop the shed as a living unit. Rappaport said to move the shed 6 feet onto the property would encumber an already undersized property. Moving the main house forward would eliminate some trees and expose the main house to Cooper Avenue. Councilman Peters asked what utilities are in this alley. Thomson said he is not sure where they are located. Councilman Peters said he would like to know this. Councilman Peters said he feels this encroachment is bad planning. It is not that expensive to move a building this size 6 feet. Councilman Peters said this encroach- ment license is revocable and the city can request it be moved at any time. Jed Caswell, city attorney, pointed out if the city wants it moved, they do not have to give any reasons. This is stated in the encroachment license. Caswell said paragraph 414 be amended to read, "The licensee waives any and all claims against the city of Aspen for loss of damage to any existing or new improvements constructed within the encroachment area ". Council agreed. Mayor Bennett said this shed has been there for 100 years and has not caused any problems to date. Rappaport said they have to have an encroachment license in order to submit for a building permit. 14 J Regular Meeting Aspen City Council August 12, 1991 Caswall said if the shed is going to be changed in use to a dwelling, it should be put back out of the right -of -way. Rappaport said this has been a dwelling unit in the past and argues it is not a change in use. Councilman Peters said the applicant is taking a risk on this shed. Councilwoman Richards asked under the cottage infill regulations what this shed could be expanded to. Staff answered it can be expanded to 750 square feet. Rappaport said this encroachment license will give them the ability to pursue some different alternatives for the property. Councilman Reno said he is concerned about such a large encroachment into the alley, and does not support this being turned into a dwelling unit. Rappaport pointed out this is a dead end alley, which does have some effect on the traffic. Thomson said this is a private use in a public right -of -way, which is not what public rights -of -way were meant to be. Councilman Peters moved to approve the encroachment license deleting 413 and inserting language in #14, "The licensee waives any and all claims against the city of Aspen for loss of damage to any existing or new improvements constructed within the encroach- ment area "; seconded by Councilwoman Pendleton. All in favor, with the exception of Councilman Reno. Motion carried. Councilwoman Richards moved to suspend the rules and extend the j, meeting to 10:30 p.m.; seconded by Councilman Peters. All in favor, with the exception of Councilwoman Pendleton and Mayor Bennett. Motion carried. CITY HALL FUNDING REOUEST (Councilman Reno stepped down due to conflict of interest). Bill Efting, assistant city manager, told Council structural tests have been done to city hall. There were 4 areas listed in the report that require immediate work. Efting said the estimates, including 25 percent contingency, come to $17,000. There is money in the budget for city hall improvements. Efting said this is the first step in a long term phase for this building. Councilwoman Richards asked if these will have to be redone when there is the total renovation or that the energy audit might suggest doing different- ly. Efting said this work has to be done and cannot be delayed for 5 years. Councilman Peters said he will approve this on the condition the Council Chambers be cleaned. Councilwoman Richards moved to approve the request for $17,000; seconded by Councilwoman Pendleton. All in favor, motion carried. RESOLUTION 033, SERIES OF 1991 - Ute Avenue Improvement District John Worcester, city attorney's office, told Council this resolu- tion starts the process for an improvement district for Ute Avenue. 15 36478 09/1.6/91 09:34 Fec .00 BF. 656 PG 663 Silvia Davis, Fitlin Cnty C erk, Doc $.00 ENCROACHMENT AGREEMENT This agreement made and entered into this Apir day of 4 4U 19 q , by and between the CITY OF ASPEN, Pitkin Coun Colorado, hereinafter referred to as "Aspen" and Cecilia Jane Rigsby hereinafter referred to as "Licensee." WHEREAS, Licensee is the owner of the following described property located in the City of Aspen, Pitkin County, Colorado: 1006 East Cooper Block 34, Lot L and part of Lot M City of Aspen, Pitkin County, Colorado WHEREAS, said property abuts the following described public right -of- way(s): The alley of Block 34 WHEREAS, Licensee desires to encroach upon said right -of way(s): The encroachment is shown on the attached drawing and is described as follows: At the northern most boundary of Lot L and M, Block 34, the existing shed encroaches into the public right -of -way approximately six feet for its entire length which is approximately thirty -two feet. WHEREAS, Aspen agrees to the grant of a private license of encroachment as it exists subject to certain conditions. THEREFORE, in consideration of the mutual agreement herein- after contained, Aspen and Licensee covenant and agree as follows: 1. A private revocable license is hereby granted to Licensee to occupy, maintain and utilize the above described portion of public right -of -way for the sole purpose described. 2. This license is granted for a perpetual term subject to being terminated at any time and for any reason at the sole discretion of the City Council of the City of Aspen. 3. This license shall be subordinate to the right of Aspen to use said area for any public purposes. St. 6478 09/16/91 09:34 Rec r" 00 BF 656 PG 664 Sw ,via Davis, PitF in Cnty 010-4, Doc $.00 4. Licensee is responsible for the maintenance and repair of the public right -of -way, together with improvements constructed therein, which Aspen, in the exercise of its discretion, shall determine to be necessary to keep the same in a safe and clean condition. 5. Licensee shall at all times during the term hereof, carry public liability insurance for the benefit of the City with limits of not less than those specified by Section 24- 10- 114,C.R.S., as may be amended from time to time, naming the City as co- insured. Licensee shall maintain said coverage in full force and effect during the term of this License and shall furnish the City with a copy of such coverage or a certificate evidencing such coverage. All insurance policies maintained pursuant to this agreement shall contain the following endorsement: It is hereby understood and agreed that this insurance policy may not be cancelled by the surety until thirty (30) days after receipt by the City, by registered mail, of a written notice of such intention to cancel or not to renew. The licensee shall show proof of this insurance to the City before this agreement is filed. 6. Licensee shall save, defend and hold harmless against any and all claims for damages, costs and expenses, to persons or property that may arise out of, or be occasioned by the use, occupancy and maintenance of said property by Licensee, or from any act or omission of any representative, agent, customer and /or employee of Licensee. 7. This license may be terminated by Licensee at any time and for any reason on thirty (30) days written notice of Licensee's intent to cancel. This license may be terminated by Aspen at any time and for any reason by resolution duly passed by the City Council of the City of Aspen. Upon termination Licensee shall, at Licensee's expense, remove any improvements or encroachments from said property. The property shall be restored to a condition satisfactory to Aspen. 8. This license is subject to all state laws, the provisions of the Charter of the City of Aspen as it now exists or may hereafter be amended, and the ordinances of the City of Aspen now in effect or those which may hereafter be adopted. 9. Nothing herein shall be construed so as to prevent Aspen from granting such additional licenses or property interests in or affecting said property as it deems necessary. 4'' ` 6478 09/16/91 09:34 Rec $- 00 }_if: 656 PG 665 8'rfvia Davis, Pitkin Cnty Cle,P., Doc $.00 10. The conditions hereof imposed on the granted license of encroachment shall constitute covenants running with the land, and binding upon Licensee, their heirs, successors and assigns. 11. In any legal action to enforce the provisions of this Agreement, the prevailing party shall be entitled to its reason- able attorney's fees. 12. If the structure for which this license was issued is removed for any reason, Licensee may not rebuild in the same location without obtaining another encroachment license prior to building. No existing encroachment shall be enlarged without obtaining an additional license prior to construction. 13. The licensee waives any and all claims against the City of Aspen for loss or damage to existing or new improvements constructed within the encroachment area. IN WITNESS WHEREOF,the parties executed this agreement at Aspen the day and year first written. CITY OF ASPEN, COLORADO By 17 John ennett, Mayor ATT ST: Kathryn . Koch, City Cler Licensee STATE OF COLORADO ) ss. County of Pitkin ) / M he foregoing 1, rum-, t was acknow dged before me t1 day of , ✓; /iii „L <J , 19 f , by eargArr/ • Licensee. # i478 09/16/91 09:34 Rec 47 `4)0 HK 656 PG 666 Silvia Davis, Pitkin Cnty C1e,, Doc $.00 WITNESS MY HAND AND OFFICIAL SEAL. 1,01lJ2j My commission expires: M?r,,,mrrgeson expires sem _� i/' "; .I' i/. .. /1 •. �• _ No � Pulpits & ;' 3C) /.fit / , - z'd /i�. Address rt /RIGSBYENCRCHMNT ce— IA • 1 -'iT i-, ,_( -T '5 I_'_t _ 1 t+. /-. IA � - �ioCk 13H I < • 0' f CO 1 w o AS a pV...wo hOx III slte in F t skeet ° N m ■ �y08:- �. v 4-2 11 14 A ,c . .c w w U K n o = r 0 1 - * Sccc.(c: t -20' _ J cn ■ " _ " a m m 2. setback U `7 t ll, n 6 Cr `' �e s�Lwi 7 a try Sy Coosa o m - u i 13.85 c .. 3 , porcin. :l T 7 rz.es 00 y ill c\ L c . S15 ° 0308'. 3.0 It ,/ X / 1 - M75729'11" sio.o i Cap Stv—C. t' Note: Front setback of southwest corner is 26.2 feet. I hereby certify that this Improvement Location Certificate of p the property shown hereon and described on Page 2 of this survey in the City of Aspen, Pitkin County, Colorado, was prepared under my direct supervi- sion, that it is not a land survey plat or improvement survey plat, and that it is not to be relied upon for the establishment of fence, building or other .future improvement lines. i 1 further certify that the improvements on the above described parcel on this date, 31 August 1982, except utility connections, are entirely within the boundaries of the parcel, except as shown, that there are no encroachments upon the described premises by improvements on any ad- joining premises, except as indicated, and that there is no apparent 1 evidence or sign of any easement crossing or burdenin an i , . , parcel, except as noted. g Y part of said �M i By Gn s1 nj& - <c_ w i Sy ney b.Lincicome L.S. 14111 1 9 . -,�„ I Greet 1 05- 2 P' ?•s`' p ! irtyrvue�'vlt L Loca i.c» CestL_Lccd �e - oe, E. Cocra'( . C4.. 2_n_ 4, rn � s 1 , � U ' f r7 rj 4 of j � L /NES /N SPACE " "° iT' " ) SYDNEY L /NC /COME (L. S. /411/I iY A, BOX 121 CAk8ONDALE, COLO. 303 - 963 -3852 n - o - ..,,..:. ect.. 5 ' 2 1R 5 ( KeurS: -C 1 (-23_ &4 f 3 y"pt . 4 qS2 1 croi c!i" Or,, • it: Tc 09/16/91 09:7 74 , r Q35,0 HE 656 PG 668 :1 \.'Ja Davis, Pitkin Cnty C' " - °k, Doc $.00 Legal Description Lot L and the Westerly 10 feet of Lot M Block 34 East Aspen Additional Townsite And a tract of land situated in Lot K, Block 34, East Aspen Additional Townsite, City of Aspen, State of Colorado, lying westerly of and adjacent to the Easterly boundary line of said Lot K and being more particularly described as follows: Beginning at the Northeast Corner of said Lot K; thence N 75 ° 09'11" W 4,08 feet along the Northerly boundary line of said Lot K to a point on the wall line of a shed as built and in place; thence S 14 °28'26" W 11.67 feet along said shed wall line to the Southwest cor- ner of said shed; thence S 14 °28'26" W 23.85 feet along a fence as built and in place to its end; thence S 13 °37'34" W 37.32 feet to the beginning of a fence as built and in place; thence S 14 °49'23" W 24.69 feet along said fence to a fence corner; thence S 75 °03'00" E 3.05 feet along said fence to a point on the Easterly bound- ] ary line of said Lot K; thence N 14 °50'49" E 97.52 feet along the Easterly boundary line of said Lot K ggg� to the point of beginning. County of Pitkin, State of Colorado. 1 1 1 ti 1 1 y F A @ N 11 1 • p ry k Jyrovem2 tt Locat ovt Lrr1. icak • A > r 1006 C. Cope -t S c. o fz [�. s +. „ • Coloraao 8T L /NES /N SPACE SYDNEY L /NC /COME (L.S. /4/// BOX 121 CAHBONDALE, COLO. 303 - 963 -3852 aq Z of a T z uS+, 19es SCALE :1 " = 20' #3:36475 09/16/91 09:34 Rec $35. 00 rik: 656 PG 669 INSURANCE CERTIFICATE — EVIDENCE OF II *ICE c=i.].via Davis, F'itk: C '/ Clerk, Doc $.00 AMERICAN FAMILY MUTUAL INSURANCE COMPANY 3099 East Washington Avenue Madison, Wisconsin 53783 -0001 This is to certify that the Company indicated above has the following insurance in force: Insured's name and mailing address Cecilia Jane Rigsby P.O. Box 2175 Aspen, CO 81612 Policy Number 05— P66296 Policy Period — Insurance begins and ends at 12:01 A.M. Standard Time at the location of the property described unless otherwise shown Policy Type and Form Homeowner 3 below. [X] Noon Standard Time Effective Date 9/3/91 Renewal of Coverage — This policy may be continued for successive Policy Period 12 months policy periods by payment of the required premium on or before the effective date of each renewal period. If this policy is terminated, we Expiration of Policy Period UNTIL CANCELLED will give you and the mortgagee written notice. The delivery of this termination notice shall be subject to the laws of the state where this First Annual Premium $376.00(PAID) policy is issued. We will provide the insurance described in this policy in return for your premium payment and compliance with policy provisions. Location of Premises If Different Than Above 1006 E. Cooper, Block 34, East Aspen Addition, Aspen, CO 81611 COVERAGES— AMOUNTS — LIMITS A. 8. C. Dwelling Personal Property Loss of Use /Additional Living Expense $100,000.00 $50,000.00 Actual Loss Sustained within 12 Months D. E. Personal Liability Medical Expense (Bodily Injury and Property Damage) $500,000 Each Occurrence $1,000 Each Person Endorsements Option 12 — Additional Named Insured - -- Designated Premises CITY OF ASPEN, 130 S. Galena, Aspen, CO 81611 Four foot encroachment right of way interest. Applicable Deductible Special Conditions /Other Coverages $250.00 Mortgagee Alpine Bank, it's successors and /or assigns 600 E. Hopkins, Suite 001 Aspen, CO 81611 Loan Number 1 Signature of ,// ' Licensed A•ent� Date Issued o - z U -519 Ed. 5/81 Stock No. 11338 Rev 9/86