HomeMy WebLinkAboutLand Use Case.CU.533 W Hallam St.A5-91 CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 1 18/91 PARCEL ID AND CASE NO.
DATE COMPLETE: / a .2735 - 124 -29 -001 A5 -91
STAFF MEMBER: LL
PROJECT NAME: Sweeney Accessory Dwelling Unit
Project Address: 533 West Hallam, Aspen, CO 81611
Legal Address: Lots A & B.•Block 29. Aspen, CO
APPLICANT: Sweeney
Applicant Address: 533 West Hallam, Aspen. CO 81611
REPRESENTATIVE: C. Welton Anderson & Associates
Representative Address /Phone: P.O. Box 9946
Aspen, CO 925 -4576
PAID: YES NO xAMOUNT: N.C. NO. OF OPIES RECEIVED 1
TYPE OF APPLICATION: 1 STEP: 2 STEP:
P &Z Meeting Date & slI/ PUBLIC HEARING: e' NO
VESTED RIGHTS: YES NO
CC Meeting Date PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO II11��
Planning Director Approval: Paid:'r\�1ID ad
Insubstantial Amendment or Exemption: Date:
REFERRALS:
City Attorney Mtn Bell School District
/City Engineer Parks Dept. Rocky Mtn NatGas
f Housing Dir. Holy Cross State HwyDept(GW)
Aspen Water Fire Marshall State HwyDept(GJ)
City Electric Building Inspector ,^
Envir.Hlth. Roaring Fork �� Other fPCi
Aspen Con.S.D. �� /
erg y Center
DATE REFERRED: - -1 C I / INITIALS: A --
FINAL ROUTING: DATE ROUTED: '7077/
ggg--- ///City Atty _ City Engineer V Zoning / _Env. Health
Housing Other: /2 �
FILE STATUS AND LOCATION: / ip / wY n `�
6
153-3 0 4,,11 a vv� � �-
Sweeney Accessory Dwelling Unit
2735-124-29-001
A5-91
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CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 1 18 91 PARCEL ID AND CASE NO.
DATE COMPLETE: 2735-124-29-001 A5-91
STAFF MEMBER: LL
PROJECT NAME: Sweeney Accessory Dwelling Unit
Project Address: 533 West Hallam, Aspen, CO 81611
Legal Address: Lots A & B,•Block 29, Aspen, CO
APPLICANT: Sweeney
Applicant Address: 533 West Hallam, Aspen, CO 81611
REPRESENTATIVE: C. Welton Anderson & Associates
Representative Address/Phone: P.O. Box 9946
Aspen, CO 925-4576
--------------------------------------------------------------
--------------------------------------------------------------
PAID:
YES NO xAMOUNT:
N.C.
NO.,OF COPIES
RECEIVED 1
TYPE
OF APPLICATION:
1 STEP:
2
STEP:
P&Z Meeting Date PUBLIC HEARING: �YE
CC Meeting Date
VESTED RIGHTS: YES
PUBLIC HEARING: YES
VESTED RIGHTS: YES
Planning Director Approval:
Insubstantial Amendment or Exemption:
1. 10P NOW
City Attorney
City Engineer
Housing Dir.
Aspen Water
City Electric
Envir.Hlth.
NO
NO
NO
NO (�
Paid:11�, Ctitxl�
Date:
------------------------------------
------------------------------------
Mtn Bell School District
Parks Dept. Rocky Mtn NatGas
Holy Cross State HwyDept(GW)
Fire Marshall State HwyDept(GJ)
Building Inspector_
Roaring Fork ,' Other Apc
Aspen Con.S.D. Energy Center
DATE REFERRED: INITIALS: �
-
-------------------------------------------------------------
---------------------------------------------------------
FINAL ROUTING: DATE R UTED_ --J -INITIAL:"
City Atty City Engineer Zoning Env. Health
Housing Other:
l
FILE STATUS AND LOCATION: �
NOTICE TO ADJACENT PROPERTY OWNERS
RE: SWEENEY CONDITIONAL USE REVIEW FOR AN ACCESSORY
DWELLING UNIT
NOTICE IS HEREBY GIVEN that a public hearing will be held on
Tuesday, March 5, 1991 at a meeting to begin at 4:30 pm before
the Aspen Planning and Zoning Commission, 2nd Floor Meeting Room,
130 South Galena Street, Aspen, Colorado to consider an
application submitted by John Sweeney requesting Conditional Use
Review approval for the expansion of a detached unit to be deed
restricted as an accessory dwelling unit. The remodeled accessory
dwelling unit will be 682 sq. ft and is located at 533 W. Hallam
Street, Lots A & B, Block 29, City and Townsite of Aspen.
For further information, contact the Aspen/Pitkin Planning
Office, 130 S. Galena St., Aspen, CO 920-5090.
s/C. Welton Anderson, Chairman
Planning and Zoning Commission
TO: Aspen Planning and Zoning Commission
FROM: Leslie Lamont, Planner
RE: Sweeney Conditional Use for Detached Accessory Dwelling
Unit
DATE: March 5, 1991
SUMMARY: The applicant proposes to enlarge and deed restrict, to
Resident Occupancy, an accessory outbuilding. The applicant
seeks a conditional use for a detached accessory dwelling unit.
APPLICANT: Welton Anderson representing John Sweeney
LOCATION: 533 West Hallam Street
ZONING: R-6
APPLICANT'S REQUEST: Conditional Use review for a detached
accessory dwelling unit.
REFERRAL COMMENTS: Please see attached referral comments from
Roxanne Eflin, Historic Preservation Officer for the City of
Aspen
STAFF COMMENTS: Ordinance 60 amended Section 5-508 of the Land
Use Code to incorporate detached accessory dwelling units. The
General Provisions for accessory dwelling units, found in Section
5-508 (A), that pertain to this application are as follows: an
accessory dwelling unit shall contain not less than 300 square
feet and not more than 700 square feet, parking shall not be
required for studio or one -bedroom units, an accessory dwelling
unit shall be deed restricted to Resident Occupancy, and detached
accessory dwelling units shall only be permitted on parcels that
have secondary and or alley access...
Ldetached
pplicant proposes to deed restrict and expand an existing
dwelling unit. T tructure's -3.4Q, square feet is
sed to be expanded toquare feet which includes a one
arage The structure is located on the alley and after the
sion Vi 1 re�i}}ai��n a one-b droom uni��jj
Section 5-508 (B) identifies the review standards for a detached
accessory dwelling unit as follows:
1. The proposed development is compatible and subordinate in
character with the primary residence located on the parcel
and with development located within the neighborhood;
RESPONSE: The expansion and refurbishment of this building will
be similar to the Victorian -era style of the primary residence.
The roof pitch, materials, windows, scale, and massing are
derived from the approach used with the existing outbuilding.
The mean height of the expanded outbuilding will be 16 feet.
Although the total height of the detached accessory building will
be 19'-4" which is greater than the height of the primary
residence, the accessory structure is smaller in scale than the
primary residence and the primary residence is only one story.
2. Where the proposed development varies from the dimensional
requirement of the underlying Zone District, the Planning
and Zoning Commission shall find that such variation is more
compatible in character with the primary residence than the
development in accord with the dimensional requirements.
RESPONSE: Within the R-6 zone district the height of a detached
accessory dwelling unit may be increased to 16 feet. According
to the plans, the mean height of the structure is 16 feet.
3. The Planning and Zoning Commission and the Historic
Preservation Committee may exempt existing non -conforming
structures, being converted to a detached accessory dwelling
unit, from Section 5-508 B. (a-g) provided that the non-
conformity is not increased.
RESPONSE: The applicant cannot build into the rear yard as it
would increase the non -conformity of the required total setbacks
for rear and front yards. For a parcel containing an accessory
structure the total for front and rear yard setbacks must be 20
feet. A setback must be clear from the ground to the sky. The
accessory structure is located within the rear yard thus
preventing any further encroachment into the rear year setback by
the accessory structure. A proposal to renovate the existing
primary structure does encroach into the front yard setback.
This issues needs to be reviewed by the zoning officer, however
this is not problematic for the conditional use review of the
accessory dwelling unit.
Section 7-304 identifies the following standards for a
conditional use review for an accessory dwelling unit:
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; and
RESPONSE: This proposal is in accordance with the goals of the
Cottage Infill Program. The proposal will secure another deed
restricted dwelling unit for Aspen's housing inventory.
2
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;
and
RESPONSE: The conditional use is an expansion of an existing
structure. According to the application, the expansion is
compatible and subordinate in character with the primary
residence. The roof pitch, materials, windows, scale, and
massing are derived from a similar approach as the original
outbuilding. The addition will match the architecture of the
existing residence and be consistent with other carriage houses
in the neighborhood. Outbuildings are a distinctive
characteristic of the West End. The Cottage Infill program was
originally designed with this type of land use pattern in mind.
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; and
RESPONSE: There is no proposed change in the use of this alley
structure. Although the proposal is to increase the height of
the accessory building the applicant maintains that the expanded
structure will not render visual impacts to surrounding
neighbors. The original plans proposed to decrease the distance
between the buildings from 5 to 3 feet. Staff was concerned that
a wall was being created along the property line. The recent
plans maintain the 5 foot distance between buildings, which is
required by the Zoning Code.
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; and
RESPONSE: All the facilities exist on site.
E. The applicant commits to supply affordable housing to meet
the incremental need for increased employees generated by
the conditional use; and
RESPONSE: The application creates a deed restricted, Resident
Occupied unit, thereby adding another deed restricted unit to the
inventory.
3
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.
RESPONSE: This application complies with all the standards set
out in the conditional use review process.
RECOMMENDATION: The Planning Office recommends that the Planning
and Zoning Commission approve the conditional use with the
following conditions:
1. Prior to issuance of any building permits for remodel of the
accessory dwelling unit or the principal residence, the
applicant shall provide a deed restriction to the Housing
Authority for approval. The restriction shall state that
the accessory unit meets the housing guidelines for such
units, meets the definition of Resident Occupied Unit, and
shall be rented for periods of six months or longer. Upon
approval of the deed restriction by the Housing Authority,
the applicant shall record the deed restriction with the
Pitkin County Clerk, Recorders Office and Planning
Department.
The floor�a :distance
the detached accessory dwelling
not exceed uare feet, the mean height shall
16 feet and between the two buildings
be decreased beyond 5 feet.
4
unit shall
not exceed
shall not
To: Leslie Lamont, Planner
From: Roxanne Eflin, Historic Preservation Officer
Re: Referral comment: "Cottage Infill" Conditional Use
review by P&Z - 533 W. Hallam, Sweeney Residence
Date: February 25, 1991
It appears that the revised plans for the second floor addition
to the Sweeney's existing outbuilding meet the Cottage Infill
design standards. I feel the revisions that the architect made
following our pre -application conference are very good, and meet
the intent of "subordinate" and compatible in character with the
parcel and the neighborhood. The south elevation of the cottage
unit is greatly simplified, which is a plus in this program.
The roof pitch, fenestration, openings, materials and setbacks
all appear compatible. The cottage unit sits 5.5' from the rear
property line, and is located the minimum 5' distance between the
principal structure. (I would recommend that the applicant
restudy the door opening placement between the two structures, as
it appears that both doors could not open at the same time. A
slight adjustment may be in order here.)
The height variation to 16' at the median point creates a 191411
maximum height at the roof ridge. This is an increase of only 4'
from the existing roof ridge. Even though the principal
structure is a one story cottage, this increase in height poses
little compatibility problem in my opinion. Mountain views might
be partially blocked, however, this appears to effect only the
subject parcel, not adjacent parcels. From our research in
compatible roof pitches, plate heights and maximum structure
heights, this proposal seems to be designed as low as it can go
and still provide habitable space on the second floor.
The plans indicate a remodel of the principal structure, also.
Although this does not require P&Z review, nor is an issue under
Conditional Use, I find that the proposal may warrant HPC review.
If more than 50% demolition is occurring, then HPC review and
approval is required on historic resources identified on the
Inventory that have been designated or are located within a
district. This parcel is eligible for landmark designation, and
we recommend the applicant pursue same.
It
are
is
mor
appears that both front setback
problematic hei
a concern from
e difficult and
e. The facade rE
a preservation
costly than a 4'
and combined setback issues
moval and "push out" proposal
>oint of view, and may prove
expansion warrants.
C. Welton Anderson & Associates I Architects
February 20, 1991
Leslie Lamont, Planner
ASPEN/PITKIN PLANNING OFFICE
130 S. Galena
Aspen, Colorado
RE: CONDITIONAL USE REVIEW March 5, 1991
533 W. HALLAM, LOTS A & B BLOCK 29
Sweeney Residence
Dear Leslie,
This letter is to serve as an AFFIDAVIT of Public Notice
to the adjacent landowners. The prepared public notices
were mailed on February 19, 1991. The property was
posted as required on February 20, 1991.
Sincerely,
Sven Erik Alstrom AIA
C. WELTON ANDERSON & ASSOCIATES
Planning / Architecture / Interior Design Box 9946 / Aspen , Colorado 81612 / (303) 925 - 4576
BAN 2 5
tet
January 29, 1991
Welton Anderson
C. Welton Anderson
P. O. Box 9946
ASPEN/PITKIN PLANNING OFFICE
130 S. Galena Street
Aspen, Colorado 81611
(303) 920-5090
& Associates
Aspen, Colorado 81612
RE: Sweeney Conditional Use Review for an Accessory
Dwelling Unit
Dear Welton,
This is to inform you that the Planning Office has completed its
preliminary review of the captioned application. We have
determined that your application is not complete.
Section 7-602 requires demolition of any structure included in
the Inventory of Historic Structures to be approved by the HPC.
Ordinance 1 amended the definition of demolition to state that
..."a building shall be deemed to be demolished if less than 50%
of the existing primary residential structure remains in place."
Since the Sweeney house is listed on the Inventory, please
provide information which verifies that it does not need to be
reviewed by the HPC. Please submit this information by February
15th.
Please also submit two (2) additional copies of the plans for
referral agencies. We will need these as soon as possible.
Welton, although the application is incomplete, we have scheduled
if for review at a public hearing by the Aspen Planning and
Zoning Commission on Tuesday, March 5, 1991 at a meeting to begin
at 4:30 pm. The Friday before the meeting date, we will call to
inform you that a copy of the memo pertaining to the application
is available at the Planning Office. Please note that it is your
responsibility to post the subject property with a sign for the
public hearing and to mail notices to property owners within 300'
of the subject parcel.
If you have any questions please call me. Thank you.
i
S'ncerely,
Cyr �\�
Leslie Lamt}nt
Planner
cc: Roxanne Eflin
�es�t;�., pie
C. Welton Anderson & Associates i 8 Architects
January 15, 1991
Leslie Lamont
ASPEN/PITKIN PLANNING OFFICE
130 S. Galena
Aspen, Colorado
RE: Sweeney Residence, 533 W. Hallam,
Lots A & B, Block 29, Aspen
DEVELOPMENT APPLICATION/CONDITIONAL USE HEARING
For a detached accessory dwelling unit under
Ordinance No. 60, series of 1990, "Cottage Infill"
Dear Leslie,
This application is for the expansion of an existing non -
deed restricted accessory dwelling unit, consisting of a
new second floor addition and conversion of a part of the
first floor to a one car garage. The accessory dwelling
unit's square footage will increase from 349 square feet
to 682 square feet.
The conditional use hearing requested will be to review the
following:
1. Deed restriction and formal recording of the
existing accessory dwelling unit.
2. A variation request under the Cottage Infill
Ordinance for a reduction in the minimum distance
between buildings from 5 feet to 3 feet.
The proposed development is compatible and subordinate in
character with the primary residence. The roof pitch,
materials, windows, scale, and massing are derived from
a similar approach as the original Victorian outbuilding.
The proposed accessory dwelling unit is on the alley and
therefore does not visually impact the neighborhood.
The scale of the alley addition is modest and will match
the architecture of the exisitng residence and be consis-
tant with other carriage houses in the neighborhood.
The development plan meets the following Conditional Use
Standards A through F:
A. The proposal is in accord with the goals of the
Cottage Infill program to provide additional
resident housing.
B. The proposal is a reuse of an existing compatible
structure.
C. There is no change in the current location, char-
acter, or use of the structure. No significant
Planning / Architecture / Interior Design Box 9946 / Aspen ,Colorado 81612/(303) 925-4576
pl� S C " " rl, p '
C. Welton Anderson & Associates Architects
ZONING SUMMARY
Sweeney Residence, 533 W. Hallam
Lots A & B, Blk. 29
R-6 Zone District
6000 square foot lot area
Principal Building Front
Setback
12'-6"
Rear
Setback
29'-6"
Accessory Building Rear
Setback
5'-6"
Current Site Coverage Principal Bldg. 1474 s.f.
Access. Bldg. 407 s.f.
Total 1881 s.f.
(1881/6000 = 31.35%)
Proposed Site Coverage Principal Bldg.
1474
s.f.
Additions
262
s.f.
Accessory Bldg.
407
s.f.
Additions
44
s.f.
Total
2187
s.f.
(2187/6000 = 36.45%)
Proposed F.A.R. Principal Bldg.
1474
s.f.
Additions
262
s.f.
1st Flr. Access.
442
s.f.
2nd Flr. Access.
32
s.f.
Total F.A.R.
2 410
. f .
Allowable F.A.R. for 6000 sq. ft. lot area =1�24 s.f.
Planning / Architecture / Interior Design Box 9946 / Aspen ,Colorado 81612/(303) 925-4576
Sweeney Residence
January 15, 1991
page 2
visual change occurs which would adversely
affect the neighborhood. No additioanl parking
is required.
D. All required facilities currently exist on site.
E. This application creates an affordable housing
unit within the guidelines of the Cottage Infill
Program.
F. This application complies with all Conditional
Use requirements and standards.
Attached is a Zoning Summary which reviews the current
R-6 data for this property.
If we may provide any additional information or answer any
questions regarding this application please contact us.
Sincerely,
J1416.
c`_i
C. Welton Anderson, Architect
attach: Zoning Summary
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• • ISSUED BY
S T ]E`VART TITLE
GUARANTY COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND
THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, STEWART TITLE GUARANTY
COMPANY, a corporation of Galveston, Texas, herein called the Company, insures, as of Date of Policy shown in
Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys'
fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by the insured by
reason of:
1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein;
2. Any defect in or lien or encumbrance on such title;
3. Lack of a right of access to and from the land; or
4. Unmarketability of such title
IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused this policy to be signed and sealed by its
duly authorized officers as of Date of Policy shown in Schedule A.
Chairman of the Board
Countersigned:
7 A tl� 7 ZZ— � �, 4 0, —, I
Authorized Countersignature
STENVAIZT TITLE
GUARANTY COMPANY
Q � LpBPORgT '•. �t a
�•• 1 9 0 8 ;'o
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EMENYMM"We'All
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EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy:
1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or
prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or
hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect
of any violation of any such law, ordinance or governmental regulation.
2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public
records at Date of Policy.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant, (b) not
known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date
such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company
prior to the date such insured claimant became an insured hereunder; Ic) resulting in no loss or damage to the insured claimant; (d)
attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured
claimant had paid value for the estate or interest insured by this policy.
-47
SOM 5-84 \ `
CONDITIONS AND STIPULATIONS
1. bEFINITION OF TERMS
Tile following terms when used in this policy mean:
(a) "insured": the insured named in Schedule A, and,
subject to any rights or defenses the Company may have
against the named insured, those who succeed to the
interest of such insured by operation of law as distinguished
from purchase including, but not limited to, heirs, dis-
tributees, devisees, survivors, personal representatives, next
of kin, or corporate or fiduciary successors.
(b) "insured claimant": an insured claiming loss or
damage hereunder.
(c) "knowledge": actual knowledge, not constructive
knowledge or notice which may be imputed to an insured
by reason of any public records.
(d) "land": the land described, specifically or by
reference in Schedule A, and improvements affixed thereto
which by law constitute real property; provided, however,
the term "land" does not include any property beyond the
lines of the area specifically described or referred to in
Schedule A, nor any right, title, interest, estate or easement
in abutting streets, roads, avenues, alleys, lanes, ways or
waterways, but nothing herein shall modify or limit the
extent to which a right of access to and from the land is
insured by this policy.
(e) "mortgage": mortgage, deed of trust, trust deed, or
other security instrument.
(f) "public records those records which by law
impart constructive notice of matters relating to said land.
2. CONTINUATION OF INSURANCE AFTER CON-
VEYANCE OF TITLE
The coverage of this policy shall continue in force as of
Date of Policy in favor of an insured so long as such insured
retains an estate or interest in the land, or holds an
indebtedness secured by a purchase money mortgage given
by a purchaser from such insured, or so long as such insured
shall have liability by reason of covenants of warranty made
by such insured in any transfer or conveyance of such
estate or interest; provided, however, this policy shall not
continue in force in favor of any purchaser from such
insured of either said estate or interest or the indebtedness
secured by a purchase money mortgage given to such
insured.
DEFENSE AND PROSECUTION OF ACTIONS —
NOTICE OF CLAIM TO BE GIVEN BY AN INSURED
CLAIMANT
(a) The Company, at its own cost and without undue
delay, shall provide for the defense of an insured in all
litigation consisting of actions or proceedings commenced
against such insured, or a defense interposed against an
insured in an action to enforce a contract for a sale of its
estate or interest in said land, to the extent that such
litigation is founded upon an alleged defect, lien,
encumbrance, or other matter insured against by this
policy.
(b) The insured shall notify the Company promptly in
writing (i) in case any action or proceeding is begun or
defense is interposed as set forth in (a) above, (ii) in case
knowledge shall come to an insured hereunder of any claim
of title or interest which is adverse to the title to the estate
or interest as insure d which might cause loss or damage
for which the Company may be liable by virtue of this
policy or, (iii) if title to the estate or interest, as insured, is
rejected as unmarketable. If such prompt notice shall not
be given to the Company, then as to such insured all
liability of the Company shall cease and terminate in regard
to the matter or matters for which such prompt notice is
required; provided, however, that failure to notify shall in
no case prejudice the rights of any such insured under this
policy unless the Company shall be prejudiced by such
failure and then only to the extent of such prejudice.
(c) The Company shall have the right at its own cost tc
institute and without undue delay prosecute any action or
proceeding or to do any other act which in its opinion may
be necessary or desirable to establish the title to the estate
or interest as insured, and the Company may take any
appropriate action under the terms of this policy, whether
or not it shall be liable thereunder, and shall not thereby
concede liability or waive any provision of this policy.
(d) Whenever the Company shall have brought any
action or interposed a defense as required or permitted by
the provisions of this policy, the Company may pursue any
such litigation to final determination by a court of
competent jurisdiction and expressly reserves the right, in
its sole discretion, to appeal from any adverse judgment or
order.
(e) In all cases where this policy permits or requires
the Company to prosecute or provide for the defense of
any action or proceeding, the insured hereunder shall secure
to the Company the right to so prosecute or provide
defense in such action or proceeding, and all appeals
therein, and permit the Company to use, at its option, the
name of such insured for such purpose. Whenever requested
by the Company, such insured shall give the Company all
reasonable aid in any such action or proceeding, in effecting
settlement, securing evidence, obtaining witnesses, or pros-
ecuting or defending such action or proceeding, and the
Company shall reimburse such insured for any expense so
incurred.
4. NOTICE OF LOSS — LIMITATION OF ACTION
In addition to the notices required under paragraph
3(b) of these Conditions and Stipulations, a statement in
writing of any loss or damage for which it is claimed the
Company is liabie under this policy shall be furnished to
the Company within 90 days after such loss or damage shall
have been determined and no right of action shall accrue to
an insured claimant until 30 days after such statement shall
have been furnished. Failure to furnish such statement of
loss or damage shall terminate any liability of the Company
under this policy as to such loss or damage.
5. OPTIONS TO PAY OR OTHERWISE SETTLE
CLAIMS
The Company shall have the option to pay or otherwise
settle for or in the name of an insured claimant any claim
insured against or to terminate all liability and obligations
of the Company hereunder by paying or tendering payment
of the amount of insurance under this policy together with
any costs, attorneys' fees and expenses incurred up to the
time of such payment or tender of payment, by the insured
claimant and authorized by the Company.
(continued and concluded on last page of this policy)
CONDITIONS AND STIPULATIONS Continued
(continued and concluded from reverse side of Policy Face)
6. DETERMINATION AND PAYMENT OF LOSS
(a) The liability of the Company under this policy
shall in no case exceed the least of:
( i) the actual loss of the insured claimant; or
(ii) the amount of insurance stated in Schedule A.
(b) The Company will pay, in addition to any loss
insured against by this policy, all costs imposed upon an
insured in litigation carried on by the Company for such
insured, and all costs, attorneys' fees and expenses in
litigation carried on by such insured with the written
authorization of the Company.
(c) When liability has been definitely fixed in accord-
ance with the conditions of this policy, the loss or damage
shall be payable within 30 days thereafter.
7. LIMITATION OF LIABILITY
No claim shall arise or be maintainable under this
policy (a) if the Company, after having received notice of
an alleged defect, lien or encumbrance insured against
hereunder, by litigation or otherwise, removes such defect,
lien or encumbrance or establishes the title, as insured,
within a reasonable time after receipt of such notice; (b) in
the event of litigation until there has been a final
determination by a court of competent jurisdiction, and
disposition of all appeals therefrom, adverse to the title, as
insured, as provided in paragraph 3 hereof; or (c) for
liability voluntarily assumed by an insured in settling any
claim or suit without prior written consent of the Com-
pany.
8. REDUCTION OF LIABILITY
All payments under this policy, except payments made
for costs, attorneys' fees and expenses, shall reduce the
amount of the insurance pro tanto. No payment shall be
made without producing this policy for endorsement of
such payment unless the policy be lost or destroyed, in
which case proof of such loss or destruction shall be
furnished to the satisfaction of the Company.
9. LIABILITY NONCUMULATIVE
It is expressly understood that the amount of insurance
under this policy shall be reduced by any amount the
Company may pay under any policy insuring either (a) a
mortgage shown or referred to in Schedule B hereof which
is a lien on the estate or interest covered by this policy, or
(b) a mortgage hereafter executed by an insured which is a
charge or lien on the estate or interest described or referred
to in Schedule A, and the amount so paid shall be deemed a
payment under this policy. The Company shall have the
option to apply to the payment of any such mortgages any
amount that otherwise would be payable hereunder to the
insured owner of the estate or interest covered by this
policy and the amount so paid shall be deemed a payment
under this policy to said insured owner.
10. APPORTIONMENT
If the land described in Schedule A consists of two or
more parcels which are not used as a single site, and a loss is
established affecting one or more of said parcels but not all,
the loss shall be computed and settled on a pro rata basis as
if the amount of insurance under this policy was divided
pro rata as to the value on Date of Policy of each separate
parcel to the whole, exclusive of any improvements made
subsequent to Date of Policy, unless a liability or value has
otherwise been agreed upon as to each such parcel by the
Company and the insured at the time of the issuance of this
policy and shown by an express statement herein or by an
endorsement attached hereto.
11. SUBROGATION UPON PAYMENT OR SETTLE-
MENT
Whenever the Company shall have settled a claim under
this policy, all right of subrogation shall vest in the
Company unaffected by any act of the insured claimant.
The Company shall be subrogated to and be entitled to all
rights and remedies which such insured claimant would
have had against any person or property in respect to such
claim had this policy not been issued, and if requested by
the Company, such insured claimant shall transfer to the
Company all rights and remedies against any person or
property necessary in order to perfect such right of
subrogation and shall permit the Company to use the name
of such insured claimant in any transaction or litigation
involving such rights or remedies. If the payment does not
cover the loss of such insured claimant, the Company shall
be subrogated to such rights and remedies in the proportion
which said payment bears to the amount of said loss. If loss
should result from any act of such insured claimant, such
act shall not void this policy, but the Company, in that
event, shall be required to pay only that part of any losses
insured against hereunder which shall exceed the amount, if
any, lost to the Company by reason of the impairment of
the right of subrogation.
12. LIABILITY LIMITED TO THIS POLICY
This instrument together with all endorsements and
other instruments, if any, attached hereto by the Company
is the entire policy and contract between the insured and
the Company.
Any claim of loss or damage, whether or not based on
negligence, and which arises out of the status of the title to
the estate or interest covered hereby or any action asserting
such clairn, shall be restricted to the provisions and
conditions and stipulations of this policy.
No amendment of or endorsement to this policy can be
made except by writing endorsed hereon or attached hereto
signed by either the President, a Vice President, the
Secretary, an Assistant Secretary, or validating officer or
authorized signatory of the Company.
13. NOTICES, WHERE SENT
All notices required to be given the Company and any
statement in writing required to be furnished the Company
shall be addressed to it at its main office, P. 0. Box 2029,
Houston, Texas 77252.
14. The premium specified in Schedule A is the entire.
charge for acceptance of risk. It includes charges for
title search and examination if same is customary or
required to be shown in the state in which the policy is
issued.
Valid Only If Schedules A and B are Attached. _% 11, 1'; `VA 111k T T I T I.1
ALTA OWNER'S POLICY —Amended 1 0/ 1 7/
PD ' 1114'
SCHEDULE A
Order No.: 14881
Policy No.: 0 9902 145771
Date of Policy: March 17, 1987 At. 3:41 PM Amount of Insurance: $ 389,000.00
1. Name of Insured:
EMi�.SON, T,TD.
2. The estate or interest in the land described herein and which is covered by this policy is:
P*EE, S IMPT E
3. The estate or interest referred to herein is at Date of Policy vested in:
EIMEPSON . I,Tf).
4. The land referred to in this policy is described as follows:
tots A rind B, Bloc-k 29
CITY AND TOWNS ITE Or ?1SPE14
Cotinty of Pit;kin
St.at;.e of Colorado
0
AUTHORIZED COUNTERSIGNATURE
Stewart Title of Aspen, Inc.
502 E. Hyman
Aspen, Co 81611
303-925-3577
STEWART TITLE.
GUARANTY COMPANY
ORDr:R 140.: 14881
SCHEDULE B
Policy No.:
0 9902 145771
This policy does not insure against loss or damage by reason of the following:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a
correct survey and inspection of the premises would disclose and which are not shown by the
public records.
4. 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.
5. Any and all unpaid taxes and assessments and any unredeemed
tax sales.
6. The effect of inclusions to any general or specific water
conservancy, fire protection, soil conservation or other
district or inclusion in any water service or street
improvemer►L area.
7. ExcepLions and Mineral Reservations as contained in Patent to
Aspen 77ownsite recorded March 1, 1897 in Book 139 at Page 216
as Reception No. 6O356.
0
STEVVkRT TITLE
1613 (20M 3-85) Page GUARANTY COMPANY
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