HomeMy WebLinkAboutcoa.lu.gm.210 S Galena Elks Bldg.86A-89 CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 9 5 9 PARCEL ID AND CASE NO.
DATE COMPLETE: 2737- 182 -13 -001 86A -89
STAFF MEMBER:
PROJECT NAME: Elks Building GMOS Exemption
Project Address: 210 S. Galena St.
Legal Address: Lots K, L & M, Block 94
APPLICANT: BPO Elks No. 224
Applicant Address: 210 S. Galena St.
REPRESENTATIVE: Michael Doyle, Hagman, Yaw Architects
Representative Address /Phone: 210 S. Galena St.
Aspen, CO 81611 5 -2867
PAID: YES NO AMOUNT: ST:1SL NO. OF COPIES RECEIVED: 1
TYPE OF APPLICATION: 1 STEP: 2 STEP:
P &Z Meeting Date PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
CC Meeting Date PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
Planning Director Approval: Paid: 5n
Insubstantial Amendment or Exemption: Date:
-----------------
REFERRALS: — --
City Attorney Mtn. Bell School District
City Engineer Parks Dept. Rocky Mtn Nat Gas
Housing Dir. Holy Cross State Hwy Dept(GW)
Aspen Water Fire Marshall State Hwy Dept(GJ)
City Electric Building Inspector
Envir. Hlth. Roaring Fork Other
Aspen Consol. Energy Center I
S.D.
DATE REFERRED: 70 /1! 4" ! INITIALS:
FINAL ROUTING: DATE ROUTED: /4/Pa INITIAL: an
I
City Atty City Engineer ✓ Zoning Env. Health
Housing .7 Other: AM C.
/
FILE STATUS AND LOCATION: L /
CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 9 5 9 PARCEL ID AND CASE NO.
DATE COMPLETE: 2737- 182 -13 -001 86A-89
STAFF MEMBER:
PROJECT NAME: Elks Building GMOS Exemption
Project Address: 210 S. Galena St.
Legal Address: Lots K. L & M. Block 94
APPLICANT: BPO Elks No. 224
Applicant Address: 210 S. Galena St.
REPRESENTATIVE: Michael Doyle, Hagman, Yaw Architects
Representative Address /Phone: 210 S. Galena St.
Aspen. CO 81611 5 -2867
PAID: YES NO AMOUNT: 5 ■NO. OF COPIES RECEIVED: 1
TYPE OF APPLICATION: 1 STEP: 2 STEP:
P &Z Meeting Date PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
CC Meeting Date PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
Planning Director Approval: Paid: h
Insubstantial Amendment or Exemption: ✓ Date:
REFERRALS: / �r—
City Attorney Mtn. Bell School District
City Engineer Parks Dept. Rocky Mtn Nat Gas
Housing Dir. Holy Cross State Hwy Dept(GW)
Aspen Water Fire Marshall State Hwy Dept(GJ)
City Electric Building Inspector
Envir. Hlth. Roaring Fork Other
Aspen Consol. Energy Center
S.D.
DATE REFERRED: 7o /1i / f / INITIALS:
FINAL ROUTING: DATE ROUTED: INITIAL:
City Atty /City Eng1 er Zoning Env. Health
Housing Other:
FILE STATUS AND LOCATION:
MEMORANDUM
TO: Bill Drueding, Zoning Officer
FROM: Leslie Lamont, Plann
RE: Elks Building GMQS Exemption
DATE: October 24, 1989
SUMMARY: The applicant seeks a GMQS exemption for the
enlargement of an Historic Landmark. The Elks propose to add a
new approximately 864 square foot stair and elevator tower. The
Club also intends to reconfigure the existing interior spaces by
moving all the Elks functions to the third floor, all
professional offices to the second floor, all retail to the first
floor, and all storage for the club and retail uses in the
basement.
FINDINGS: Pursuant to Section 8 -104 the Planning Director may
exempt an enlargement of an Historic Landmark intended to be used
as a commercial or office development which increases either the
building's existing floor area ratio or its net leasable square
footage, but does not increase both.
It is staff's determination that the rearrangement of uses within
the building does not increase the net leasable square footage.
The addition of the elevator and stair tower does represent an
increase in floor area by 864 square feet. The elevator is
necessary for club functions that are being moved to the third
floor.
The Elks building is already over the height limit of the CC
zone. It is recommended that the elevator tower not exceed the
roof line.
The conceptual development review of this addition to the Elks
building is being reviewed by the Historic preservation Committee
at their November 8, 1989 meeting.
RECOMMENDATION: Staff recommends GMQS Exemption for the
approximately 864 square foot elevator and stair tower, subject
to HPC review, with the condition that any addition shall not
exceed the roof line.
I hereby approve the GMQS Exemption
pursuant to Section 8 -104 1(b) of the
As€ -n Land Use Code.
1- _ 1 L i L
• y : rgerum, I V Y` . nn Director
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LAND USE APPLICATION FORM
1) Project Name Elks Building Renovation
2) project Location 210 S. Galena, Lots K, L & M Block 94, City and Townsite
of Aspen
(indicate street address, lot & block number, legal description these
appropriate)
3) present Zoning CC 4) lot Size 9000 sf
5) Applicant's Name, Address & Fhone # Elks Club No. 224
210 S. Galena, 925 -4384
6) Representative's Name, Address & Phone # Ed Irwin. 210 S. Galena. 925 -3516
7) Type of Application (please check all that apply):
_ Conditional Use _ Conceptual SPA Conceptual. Historic Dev.
Special Review _ Final SPA _ Final Historic Dev.
_ 8040 Greenline — Mir Historic Der.
Stream Margin — Final All) Historic c_ jemplition
_ Maintain View Plane _ Subdivision .. _ historic Designation
Pen a Allotment
o�Pt
Mrrinminiumizat3.daP Text/Map
__ Lot Split/Lot Lire X Extern
Adjustment
Description of . Existing Uses (number and type of existing structures;
, ,lapproonmato sq. ft.; amber of bedrooms; any paevicus approvaLs granted to t
r r tY)) . /
`'Basement - Mech. 252 sf, Elks Club 1278 sf, Rest /Stor. 4797 sf <
` Ground Level - Elks 2183 sf, Retail 4072 sf ,
2nd. Floor - Elks 2364 sf, Office 3250 sf 6,
3rd. Floor - Office 5614 sf SJ
9) Description of Developient Application
Add new stair /elevator tower west of the building in existing empty lot. Reconfigure
existing interior spaces to the following: Move all Elks functions to the third floor.
2nd. floor becomes all offices. Ground level becomes all retail. Basement becomes
storage for ground club level retail. Clean entire building. Rep ace existing store
N front at Elks to approximately match new store front at Espirit. Add new exit stair
on east side of building)
10) Have ycu attached the following? , _: Contents
Response to Attachment 2, Minimum ❑ omission
x Response to Attachment 3, Specific Submission Contents
Response to Attachment 4, Review Standards for Your Application
ASPEN /PITRIN PLANNING OFFICE
130 S. Galena Street
Aspen, Colorado 81611
(303) 920 -5090
September 25, 1989
Michael Doyle
Hagman, Yaw Architects
210 S. Galena Street
Aspen, CO 81611
RE: Elks Building GMQS Exemption
Dear Michael,
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.
Following is a list of the items we require to complete the
application:
1. Please delineate the current on -site parking spaces on
your improvement survey. Will any of this parking be
lost? How will you address any lost parking?
2. Where is the new exit stair on the east side of the
building located? Will this be within existing space
or create new space? What is the FAR if this is new
space?
3. Will the elevator shaft be higher than the building?
4. Please submit a chart comparing the existing FAR with
the proposed FAR.
5. Application fee of $50.00 for staff level review.
If you have any questions please call Leslie Lamont, the Planner
assigned to this case. Thank you.
Sincerely,
Debbie Skehan
Administrative Assistant
ds
011II
HAGMAN YAW
ARCHITECTS PROJECT MEMORANDUM
LTD
210 SOUTH GALENA
ASPEN, COLORADO 81611
303/925 -2867
TO: Planning Director, City of Aspen
FROM: Michael Doyle
RE: Replies to Attachments 2 & 3, GMQS Exemption Application
DATE: August 21, 1989
As noted on the coversheet of the application, the Elks Club wishes to add a
stair /elevator tower in the empty lot adjacent to the building to facilitate
movement to their proposed relocated club on the 3rd. floor.
In conversations with Roxanne Eflin, we understand that while the addition of
the new ± 864 sq.ft. stair tower exceeds the review standards of the GMQS
Exemption by Planning Director (Attachment 4, b), the passage of Ordinance
16 allows us to apply for exemption.
The Elks building nomination for Historic Landmark designation was approved
at the 2nd. reading before City Council on August 14, 1989.
Attached please find preliminary elevations and plans of the stair tower, and
other modifications to the building.
I II
I �
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Aspen Elks Lodge #224
210 S. Galena St., #21
Aspen, CO 816111\
Lodge 920-4384 ,, /N, Office 925 -3516 516 �1'�11"
To whom it may concern:
The Aspen Elks Lodge is a Colorado non - profit
corporation located at the above address and with the
above telephone number.
Sincerely,
Ed Irwin
Trustee Chairman
/047? - 7
HAGMAN YAW
ARCHITECTS PROJECT MEMORANDUM
im
210 SOUTH GALENA
ASPEN, COLORADO 81611
303/925-2867 To: Debbie Skehan, Aspen Planning & Zoning
From: Michael Doyle ,
Date: October 2, 1989
Re: Elks Building, GMQS Exemption
Thank you for your preliminary review of our application. The following is a
reply to your list of items and questions listed to complete the application.
1. Please delineate the current on -site parking spaces on your
improvement survey. Will any of this parking be lost? How will you
address any lost parking?
a. The current on site parking is not well defined. There are no
ground plane indicators or divisions in the gravel lot. The most
current drawings we could locate indicated 4 parallel parking
spaces located in the va lot next to the Mason & Morse
building.( Attachment 1 / However, Elks Club members currently
angle park next to the Elks Building more in the alignment we
are proposing. Using 60• angled bays we feel we can
accommodate four cars. Although it appears tight, we would
point out the parking lot behind the Sport Stalker, which has
identical dimensions, is laid out in a similar fashion.
2. Where is the new exit stair on the east side of the building located?
Will this be within existing space or create new space? What is the
FAR if this is new space?
a. Apparently you did not receive a copy of the drawings with the
application. Enclosed is a reduced set. (Attachment 2.) Please
note that the stair /elev. tower is a new structure, with an FAR of
±972 s.f.
3. Will the elevator shaft be higher than the building?
a. No. Please refer to proposed elevations.
Memorandum to Debbie Skehan
October 2, 1989
Page 2
4. Please submit a chart comparing the existing FAR with the proposed
FAR.
a. FAR
Existing Proposed
Basement 6,327 6,327
Ground Level 6,293 6,617 - 3. cr
2nd Level 5,670 5,994 - 30)4 �
3rd Level 5.670 5.994 -
Total 23,960 24,932
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HAGMAN YAW ARCHITECT, . LTD LE44EC (F �'ILa�v�EO44QE,
210 South Galena Suite 24
ASPEN, COLORADO 81611
DATE 1J ._ r" O JOB NO
(303) 925-2867 ATTEN L V� {
TO W kW dt UW� RE `. cS -.f r) I`�iV► wk
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_ WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via the following items:
❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications
❑ Copy of letter ❑ Change order ❑
COPIES DATE NO. DESCRIPTION
MQS lig,$l7f'(o - Apr (I CL18-fr ,
THESE ARE TRANSMITTED as checked below:
❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval
❑ For your use ❑ Approved as noted ❑ Submit copies for distribution
❑ A; requested ❑ Returned for corrections ❑ Return corrected prints
For review and comment ❑
❑ FOR BIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US
REMARKS
COPY TO / A�� ///
SIGNED: ! f W .
If enclosures are not as noted, kindly notify us at ones.
, 1ITKIN COUNTY TITLE, Inc.
Title Insurance Company
Vincent J. Higens 601 E. Hopkins, Aspen, Colorado 81611 Christina M. Davis
President (303) 925 -1766 • (303) 925 -6527 FAX Vice President
MEMORANDUM OF OWNERSHIP - ACCOMMODATION NO LIABILITY
FOR THE SOLE USE OF: PLEASE DIRECT CORRESPONDENCE TO:
PITKIN COUNTY TITLE, INC.
CHARLES A. DORN
601 E. HOPKINS AVE.
ASPEN, COLORADO 81611
(303) 925-1766 FAX (303) 925 -6527
DESCRIPTION:
LOTS K, L, AND M, BLOCK 94,
CITY AND TOWNSITE OF ASPEN
COUNTY OF PITKIN, STATE OF COLORADO
GRANTEE IN THE LAST INSTRUMENT APPARENTLY TRANSFERRING OWNERSHIP:
ASPEN LODGE NO. 224, BENEVOLENT AND PROTECTIVE ORDER OF ELKS OF THE
UNITED STATES OF AMERICA -
TRUST DEEDS AND MORTGAGES APPARENTLY UNRELEASED:
NONE
LIENS AND JUDGEMENTS (AGAINST LAST GRANTEE) APPARENTLY UNRELEASED:
NONE
THIS INFORMATION I5 FOR YOUR SOLE USE AND BENEFIT AND IS FURNISHED AS AN ACCOMMODATION.
THE INFORMATION HAS BEEN TAKEN FROM OUR TRACT INDICES, WITHOUT REFERENCE, WITHOUT
REFERENCE TO, OR EXAMINATION OF, INSTRUMENTS WHICH PURPORTS TO AFFECT THE REAL PROPERTY.
THE INFORMATION IS NEITHER GUARANTEED NOR CERTIFIED, AND I5 NOT AN ABSTRACT OF TITLE ,
OPINION OF TITLE, NOR A GUARANTY OF TITLE, AND OUR LIABILITY IS LIMITED TO THE AMOUNT OF
THE FEES.
DATE: AUGUST 1 AT 8:00 A.M.
P I�`• g 1 'TL
by: .
7
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DEED r1 l
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2,,...,,,: ,t9 :7 THIS MEI is made and executed thi Lid d ay of r €^• , k '� '
f6-;:F4
'rh ,• ` 1988 from JESSE MADDALONE., Grantor, to ASPEN LODGE N0. 224, e {y
, N
i 'l e BENEVOLENT AND PROTECTIVE ORDER OP ELKS OP THE UNITED STATES OP 6., (p +.
i . - ' s? ( ;'.d 4
r' - AMERICA. Grantee. et , 70'
1 ' .,1,1 ". "ij
�P,, .41 +i ,t 4 A
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"'` RECITALS r p jH „
k,. _ A. On or about February 20. 1959 ASPEN LODGE N0. 224, °�fi �. "��`
.�
BENEVOLENT AND PROTECTrVE ORDER OP ELKS OP THE UNITED STATES OP - {n e/4•
11, . }., AMERICA was incorporattd under the laws of the State of i Z• t rat ,1 t k
�:k
1 Colorado. 'That corporation was suspended on October 22. 1979 and i s'7 to " 4 `* ` 41
1 was dissolved according to the laws of the State of Colorado, � { '� . ' .; -
1 t t, y
effective January 1. 1983. i ' At ei4,
1
1 � ti t t� pr
ti . B. At the time said corporation was dissolved, Its sole ' i�t iG,(1I
l& ` and last acting director as named in the files of the Colorado i `\'
y Secretary o[ State per tainlnq to said corporation was Jesse z # ' h,'
f ( 5 rl
Maddalone, Grantor herein. I }y
V'� t • .
R C. A new corporation with the same name has been — e ' j
f k r .. • t 6
,4 created under the laws of the State of Colorado, incorporation ' ' ,t .
1 :, c
i , having been made effective June 16, 1988 by the filing of "L ., ,3'i
I. ': Articles of Incorporation with the Colorado Secretary of State. -,. 'g;.,.,i
,g i
D. Grantor, as the sole surviving and last acting nJt
,e director of the dissolved corporation, wishes to vest title to .,rt
certain real estate formerly owned by the dissolved corporation `. • , £',',;++
r d in the newly formed corporation. j'{]
C I . i r y +. j y 41.. .
t r yy' NON THEREFORE, Grantor, who resides at 2265 Tanglewood i X17 ..,l t �lA ',
i
'
$' 1 J ! , < t"
y Road, Grand Junction, Colorado 01503, in his capacity as the i g t t ,` � t
`�� j+ f ,fi
.I sole surviving and teat acting director of the said dissolved ; f i
1 -
3 r P 1 corporation, by virtue of the power vested In him by r ry Y c� , x
A�, tT
` % M' C.R.S. S 7- 26- 120(21, he reb sells and conveys t o ASPPN WOGR NO. h� y
I Y Y s t al'
,.,. ( 226, BENEVOLENT AND PROTPCTIVR ORDER OP ELKS OP TNR UNITED STAIR r " 4 F ; •
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Or AMERICA, a Colorado non-profit corporation incorporated June *1 - t , ; l
_ 14, 1988, the addres+ If which is 210 south Galena Street, Aspen, '1 , M' .
f . L , ' , i
� '• Colorado 81611, Grantee, the following real property located in ti3 . ,rie,v z}
F the County of Pltkln and State of Colorado, to Witt t "f ;7,14244 '` .."
' , i LOTS K, L AND M, BLOCK 94, t "J
CITY A4D T')WNSIT6 OF ASPEN
'ill �� ,
, with all its appurtenances. J a t�rr � "K
//� --1' a
TO BAIF, AND TO BOLD unto the said Grantee and its sue- i E j f r top
, A ,,a
.: ces and assigns forever. ` t „/;
y , h ,;;C,"
i , %i..�i is %.) .t • e..-L *_S� �. 1 O r -a•,�,h
i .. Madda H
r r i /sole surviving and lest acting x } h �.
T $ dieettor of Aspen Lodge No. 224, S'' �f � •;
t Benevolent and Protective Order of ; lit.
!Ike of the United States of 3 r tt t t1' 'I "4 3/4 t America, a dlaaolved corporation. ,��
• e • y � � t
STATE OF COLORADO 1
1 1 1 es. ty.'
COUNTY Or J/ ; .t. 1 L ,.
7 f S ayx,�•'
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The foregoing Instrument was acknowledged More me this
;' / -V day of 1/14_, 1988, by Jesse Maddalone as sole surviving
,
ana Jest acting .director of Aspen Lodge No. 224, Benevolent and • • •• y ' % , .
Protective Order of Elke of the United States of America, • s' 4
d
dissolve corporation. + ,,
•1 Witness �� tri
hand and s my an en official seal. "',~ V f
• d ■a',
My commission espire4t j . z 1 t 3 , ri , 71 # rr :
i e c!'.^a. / / '1 " d `, l l' h 1
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,la uyers1Jtle
Insurance @rporation •
NATIONAL HEADQUARTERS
RICHMOND, VIRGINIA
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
1. Effective date: 05/16/89 AT 8:00 A.M.
Case No. PCT -3444
2. Policy or policies to be issued:
(a)ALTA Owner's Policy -Form B -1970 Amount $ PRO FORMA
(Rev. 10 -17 -70 & 10- 17 -84) or 10/21/87 Premium $
PROPOSED INSURED: ASPEN LODGE NO. 224. BENEVOLENT and PROTECTIVE
ORDER OF ELKS OF THE UNITED STATES OF AMERICA
(b)ALTA Loan Policy, Amount $
(REV. 10- 21 -87) Premium $
PROPOSED INSURED:
(c)Alta Loan Construction Policy. 1975 Amount $
(Rev. 10- 17 -84) Premium S
PROPOSED INSURED:
Tax Cert. $
3. Title to the FEE SIMPLE estate or interest in the land described or
referred to in this Commitment is at the effective date hereof vested
in:
ASPEN LODGE NO. 224. BENEVOLENT and PROTECTIVE ORDER OF ELKS OF
THE UNITED §TATES OF AMERICA
4. The land referred to in this Commitment is described as follows:
LOTS K, L AND M, BLOCK 94. CITY AND TOWNSITED OF ASPEN, COUNTY OF
PITKIN. STATE OF COLORADO
Countersigned at: PITKIN COUNTY TITLE. INC. Schedule A -PG.1
601 E. HOPKINS This Commitment is invalid
ASPEN. CO. 81611 unless the Insuring
303 - 925 -1766 Provisions and Schedules
A and B are attached.
u ,• rized 1t f , icer or agent
•
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tawyeriFtle
Insurance @rporation
NATIONAL HEADQUARTERS
RICHMOND, VIRGINIA
SCHEDULE B- SECTION 1
REQUIREMENTS
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:
PRO FORMA
This commitment is invalid unless Schedule B- Section 1 PG.1
the Insuring Provisions and Schedules Commitment No. PCT -3444
A and B are attached.
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lawyer/File
Insurance @rporation
NATIONAL HEADOUARTERS
RICHMOND, VIRGINIA
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:
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. 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.
6. Taxes due and payable: and any tax, special assessment. charge or
lien imposed for water or sewer service or for any other special
taxing district.
7. Reservations and exceptions as contained in United States Patent
recorded October 26. 1887 in Book 59 at Page 64 and recorded March
29. 1889 in Book 59 at Page 549 as follows
That no title shall be hereby acquired to any mine of gold.
silver. cinnabar or copper or to any valid mining claim or
possession held under existing laws.
8. Mineral reservations as contained in Deeds recorded June 10. 1891
in Book 98 at .Page 496, in Book 105 at Page 129 and in Book 106 at
Page 482 as follows:
The full free and perpetual right to dig, work, search for. mine
and remove all ores and mineral bearing rock and earth underneath
the land.
9. Terms. conditions. obligations and provisions of Notice of
Historic Designation as set forth in instrument recorded January
13. 1975 in Book 295 at Page 515.
•
10. Terms. conditions, obligations and provisions of Leases as set
forth in instruments recorded November 17. 1985 in Book 499 at
Page 976: July 23, 1986 in Book 515, at Page 21. -
Continued
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lawyers itle
Insurance @rporation
NATIONAL HEADQUARTERS
RICHMOND, VIRGINIA
11. Terms. conditions, obligations and provisions of Encroachment
Agreement. as set forth in instrument recorded July 11, 1986 in
Sock 514 at Page 353.
This commitment is invalid unless Schedule S- Section 2 PG.2
the Insuring Provisions and Schedules Commitment No. PCT -3444
A and S are attached.
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Ijuyers1
Insurance Crporation
NATIONAL HEADQUARTERS
RICHMOND, VIRGINIA
SCHEDULE B- SECTION 2
CONTINUED
Exceptions numbered NONE are hereby omitted.
The Owner's /Mortgage Policy to be issued, if any. shall contain the
following items in addition to the ones set forth above:
(1) The Deed of Trust, if any, required under Schedule B- Section 1.
(2) Unpatented mining claims; reservations or exceptions in patents
or in Acts authorizing issuance thereof; water rights. claims or
title to water.
•
This commitment is invalid unless Schedule B- Section 2
the Insuring Provisions and Schedules Commitment No.PCT -3444
A and B are attached.
Form 1OO Lltho in U.S.A.
•
Iuyeis]Jt
Insurance (o
NATIONAL HEADQUARTERS
RICHMOND, VIRGINIA
COMMITMENT FOR TITLE INSURANCE
LAWYERS TITLE INSURANCE CORPORATION, a Virginia corporation, herein called the Company, for valuable
consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the
proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land
described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions
of Schedules A and 8 and to the Conditions and Stipulations hereof.
This Commitment shall be effective only when the identity of the proposed Insured and the amount of the - policy or
policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this
Commitment or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and
obligations hereunder shall cease and terminate six (6) months after the effective date hereof or when the policy or
policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the
fault of the Company. This Commitment shall not be valid or binding until countersigned by an authorized officer or agent.
IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to become valid when
countersigned by an authorized officer or agent of the Company, all in accordance with its By -Laws. This Commitment is
effective as of the date shown in Schedule A as "Effective Date."
CONDITIONS AND STIPULATIONS
1. The term "mortgage," when used herein, shall include deed of trust, trust deed, or other security instrument.
2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other
matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in
Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved
from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced
by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if
the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other
matter, the Company at its option may amend Schedule B of this Commitment accordingly. but such amendment shall
not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and
Stipulations.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties
included under the definition of Insured in the form of policy or policies committed for and only for actual loss
incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or(b) to eliminate
exceptions shown in Schedule 8, or (c) to acquire or create the estate or interest or mortgage thereon covered by this
Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies
committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the
Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are
hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein.
4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company
arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this
Commitment must be based on and are subject to the provisions of this Commitment.
Ise uylers Title litsuce Grp orelbn
•
President
I ` Attest:
f U
W
• - Secretary.