HomeMy WebLinkAboutcoa.lu.sm.Mascotte 1130 Black Birch.A015-99 mi-
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A, ,miNR.,74.-PARCEL ID 2735 013 07009 DA C RCUD: 2/16/99 7§''r ;#COPIES 1 G,*. O A015 99 II
CASE NSA E Mascotte Stream Margin Exemption PLNR
PROD AP 1130 Black Birch CASET�YP. Stream Margin Exemption ';;.•�� STEPS
ADR 504
OWNIAPP: John P.Mascotte �� 9 Wornall Road,A �� CIS2 Kansas C€ty,MO 64 PHI+1 (816)756-0667•REP Warren Palmer ADR,P.O. Box 767 I__ :G/S2 Basalt,CO 81621 PHP( 927-9442
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FEES DUE $460 FEES RCUD $450 SST°ATE
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WARREN L. •MER Ler of Transmittal
Architect
P.O. Box 767 DATE" JOB NO.
BASALT, COLORADO 81621 17 'a1
PHONE (970) 927-9442 (Basalt) ATT T N E
FAX(970)927-9442+ 11 RE ' �I, �` (,� C ,f
PHONE (970) 925-2776 (Aspen) I t ,y���r� .. or vim' i
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TO 1.6. AP11."► :m i, Ill\ I
MAN' � I
N11, CLL Ccol/I oY.1
WE ARE SENDING YOU ❑ Attached WS via4+AM9 W,/,, the following items:
❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications
❑ Copy of letter ❑ Change order ❑
COPIES DATE NO. DESCRIPTION
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❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval
❑ For your use ❑ Approved as noted ❑ Submit copies for distribution
❑ As requested ❑ Returned for corrections ❑ Return corrected prints
ter For review and comment
❑ FOR BIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US
REMARKS •te +- 46..17461-:
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COPY TO AGA: 0 6. fl!"..."._ PL.:- all 4 el_ SIGNED: PJ
If enclosures are not as noted, kindly notify us at once.
CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
PLANNER: Sarah Oates,920-5441 DATE: 11/19/98
PROJECT: Blackbirch Stream Margin Exemption
REPRESENTATIVE: Warren Palmer
OWNER:
TYPE OF APPLICATION: 0 step-ESA Exemption
DESCRIPTION: Addition
Land Use Code Section(s)
26.68.040 Stream Margin Exemption
Review by: Staff
Public Hearing: NO
Referral Agencies: Parks
Planning Fees: Planning Deposit Minor($450)
Referral Agency Fees: None.
Total Deposit: $450(additional hours are billed at a rate of$180/hour)
To apply, submit the following information:
1. Proof of ownership
2. Signed fee agreement
3. . Applicant's name, address and telephone number in a letter signed by the applicant which states the name,
address and telephone number of the representative authorized to act on behalf of the applicant.
4. Street address and legal description of the parcel on which development is proposed to occur, consisting of a
current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado,
listing the names of all owners of the property, and all mortgages,judgments, liens, easements, contracts and
agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application.
5. Total deposit for review of the application
6. 3_ Copies of the complete application packet and maps.
HPC= 12; PZ= 10; GMC=PZ+5; CC=7; Referral Agencies= 1/ea.; Planning Staff= 1
7. An 8 1/2" by 11"vicinity map locating the parcel within the City of Aspen.
8. Site map showing placement of improvement
9. Additional materials as required by the specific review. Please refer to the application packet for specific
submittal requirements or to the code sections noted above.
10. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed
development complies with the review standards relevant to the development application. Please include
existing conditions as well as proposed.
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning,which is
subject to change in the future,and upon factual representations that may or may not be accurate. The summary does not create a
legal or vested right.
WARREN L. PIER, ARCHITECT BOX 411 BASALT, CO. 81621
12 Feb. 99
Chris Bendon, Sarah Oates
Aspen City Planning
130 S. Galena
Aspen, Colorado
81611
RE: Stream Margin Review Exemption,the Mascotte Residence, 1130 Black Birch.
As per our meeting on the 19th of November,I am requesting a Stream Margin Review Exemption
Approval for the remodel work on the Mascotte Residence. As discussed, we would like to add 72
sf. to the entry of the existing residence.
I am enclosing a copy of the existing and proposed plans and elevations for your review. The
existing house is at 3280 sf., where 4552 sf. is allowed. With the proposed 72 sf. addition to the
entry, the total area will be 3352 sf., where 4552 sf. is allowed. We would still only be at 73% of
the allowed F.A.R. and the proposed addition would be 2% of the existing area.
The proposed addition is within the 100 ft. setback from Mean High Water, but is no closer to the
Mean High Water, than the existing structure.
Al Arnold from Lambert Construction,requested a permit for the removal of the two small trees
adjacent to the entry, and was told by the City Forester, that a permit was not required because of
the size of the trees. He said to submit the request with the change order to the Bldg. Dept. and he
would sign off on the removal.
As per our discussions, I am pursuing the change order with the Bldg. Dept. to our existing permit
#8-345.
Sincerel ,
V\) (
Warren Palmer
copies: the Mascottes, Lambert Construction
• LAND USE APPLICATICE)
PROJECT:
Name: MM5GO1TE 1ZE YI DEN AWflTON
Location: 1 177(2 1..46,6K. g (U P- 2 -IV E . Ldp" 13 g LP-G IG I5,1ZGH eSTATEE
(Indicate street address, lot&block number, legal description where appropriate)
APPLICANT:
Name: M4444 AMS.COITE
Address: )4O WPC NM-L. IZDP-D APT" f F--r K#6044 Corrril I M17.z
Phone#: C9i0 7t b oCo(o
REPRESENTATIVE:
Name: VSLATZVeN L. PAL-Mee. 1 A-gGH-+-I TELT
Address: 47.O. I:sOX ^75. 7 514 5P•LT GOLD - '8 I G17-1
Phone#: ( 1O)c7..1 4 -4 7
TYPE OF APPLICATION: (please check all that apply):
Conditional Use 0 Conceptual PUD 0 Conceptual Historic Devt.
0 Special Review 0 Final PUD(&PUD Amendment) 0 Final Historic Development
O Design Review Appeal 0 Conceptual SPA Minor Historic Devt.
GMQS Allotment 0 Final SPA(& SPA Amendment) Historic Demolition
GMQS Exemption 0 Subdivision 0 Historic Designation
O ESA- 8040 Greenline, Stream 0 Subdivision Exemption(includes 0 Small Lodge Conversion/
Margin, Hallam Lake Bluff, condominiumization) Expansion
Mountain View Plane
O Lot Split 0 Temporary Use Xi cOttheer:
❑ Lot Line Adjustment 0 Text/Map Amendment 1476P-ITVN
EXISTING CONDITIONS: (description of existing buildings, uses,previous approvals. etc.)
cI�,TIN S)N4-LS F MtLr4' ;el DEN c GON-rAt N'llt& 3008 S . Cf-P ;D
b� "h W ITV I!�W 46.-PI'ViVAL. l Af C A5,(N6•
PROPOSAL: (description of proposed buildings,uses,modifications, etc.)
sWrtR( PvcrrreN GD N N(.14.61- J Z S V2444-I Ivy- 0 flZvJE 1- TD 3.35Z
V 44size. 497- J'' AuxoJED. 14% °FA-I-c.OwED AM) Z90 INGR�AS
Have you attached the following? FEES DUE: S —
( Pre-Application Conference Summary
['Attachment#1, Signed Fee Agreement
0 Response to Attachment#2,Dimensional Requirements Form
O Response to Attachment#3, Minimum Submission Contents
O Response to Attachment#4, Specific Submission Contents
0 Response to Attachment#5,Review Standards for Your Application
ATTACHMENT 2
DIMENSIONAL REQUIREMENTS FORM
Project: l/ crAte ( G1fc jc� ARA iTvt4
Applicant: 1041 4'. toictim
Location: � r _ c' . i : !_J •
Zone District: . 0
Lot Size: (?.n2%1, 4'F
Lot Area: 0-166, 4,F. u?W l(ir talk] kp .4.(for the purposes o 4 q0 calculating Floor Area, Lot Area may be reduced for areas
within the high water mark, easements, and steep slopes. Please refer to the
definition of Lot Area in the Municipal Code.)
Commercial net leasable: Existing: Proposed:
Number of residential units: Existing: I Proposed: I
Number of bedrooms: Existing: Proposed:
Proposed% of demolition(Historic properties only):
DIMENSIONS:
Floor Area: Existing:32$j) Allowable: 40-2- Proposed: 33 Z
Principal bldg. height: Existing:/l*it Allowable: Z6°• Proposed:Z4--
Access. bldg. height: Existing: Allowable: Proposed:
On-Site parking: Existing: 1 Required: 4 Proposed:
% Site coverage: Existing: Required: Proposed:
% Open Space: Existing: Required: Proposed:
Front Setback: Existing:4 3.6 Required: 75' Proposed: 43.0
Rear Setback: Existing: WO.0 Required: l5 Proposed: b(•O
Combined F/R: Existing: Required: Proposed:
1•40 • Side Setback: Existing: IQ Required: 119 Proposed: !0
Side Setback: Existing: IV' Required:_ 10 Proposed: bV
Combined Sides: Existing: Required: Proposed:
Existing non-conformities or encroachments: XI T1 .o- eppaecr 15 \ I-p N
I i • 2 +' ,L., . . ►A,,i►1 it M •W .TiaS u P
Variations requested: _ 4t (YyAT�1N �I IIE D EI,StmiTENI
•
JOHN P. MASCOTTE
January 19, 1999
Aspen/Pitkin Community Development
130 So. Galena
Aspen, CO 81621
Attn: Planning Department
I,John P. Mascotte,am the owner of a single family residence located at 1130
Black Birch Drive,Lot 13,Black Birch Estates. My address is 5049 Wornall
Road,Apt. 6E-F,Kansas City,MO 64112. My telephone number is (816)
756-0667.
I have authorized Warren L.Palmer to act as my representative p
for the pursuit
of a Stream Margin Exemption for the proposed addition to m property. His
address is P.O. Box 767,Basalt,CO 81621. His telephone number is (970)
927-9442.
I am attaching a disclosure of ownership of the parcel on which the
development is proposed.
Signed•✓s!--r,
John P. Mascotte
Date: v.,
•Owner's Policy- Form B- ed 10.17-70
•
•
�{ :r? e.-+ _ ¢+? i►7 5++ ct? s+<Cie rJ7 _ l� CO.si?• +v -►? ' ►7 W !
"`� ►� ►�Of.4 - - A � ! ..!► '��1�I��
(a., ,. POLICY OF TITLE INSURANCE ISSUED BY ���9�D -
'J ,1911
¢ S T EWART TITLE .;le ;� a ,
elk 4 GUARANTY COMPANY (tt, 3
,I• r.. SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND ;(. �)
� THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, STEWART TITLE GUARANTY .
",.",:t� ":l COMPANY, a corporation of Galveston, Texas, herein called the Company, insures, as of Date of Policy shown in I'., 1))
• �)) Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs,attorneys' .(1V))
, 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
') p;, `I)l
4. Unmarketability of such title
IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused this policy to be signed and sealed by its ■ .
:1) duly authorized officers as of Date of Policy shown in Schedule A, :` (1r �1))
�I. 3 r �• ,1))
rrip...,-a
�,¢1): STEWART TIT LE
,, A
`5�k GUARANTY COMPANY 1: sf
i.•a• y ;�,w ,, "'`-tom... R
12,1j ;?1;7"/ • '61i
Chairman of the Board Q.;' . 4a. President /.
K!» ri) Countersigned: `�3-('-� _ 0.4:4t • X1)1
(i �) ,;1 N 9.0:Et c (i. ,a)
4- J.,/,,,,2% •„ ,w•.
u. ,,, ,,,,„
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a+,�N, Authorized Countersignature
i
EXCLUSIONS FROM COVERAGE .,i' "p
I
.r1
.. The following matters are expressly excluded from the coverage of this policy: ( '1).
M::i f 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances)restricting or regulating or 4;1,1))
�•• 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 r a reduction in the dimensions or '(1;11.,4
p area of the land,or the effect
41; ) of any violation of any such law,ordinance or governmental regulation. V
•0:. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public
.n' :I)j records at Date of Policy. (:�i>]'
vgi3. Defects,liens,encumbrances,adverse claims,or other matters(a)created,suffered,assumed or agreed to by the insured claimant,(b) not Ho
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
44':"1)) such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company 4:.‘11
prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d)
41. a) attaching or created subsequent to Date of Policy;or (e) resulting in loss or damage which would not have been sustained if the insured 'l;;;1))
7.,,, ; claimant had paid value for the estate or interest insured by this policy.
i). ;11
»..a. ;C } : Pagel 0-9902. 1 45535 = .,=.,.....c..."p -g
tk J ti-s s.s•x,44 Vii- . -- - Serial No.
- '�.' '�-
0018
95M 10-84
•
!i • •
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS or interest as insured,and which might cause loss or damage
for which the Company may be liable b
The following terms when used in this policy mean: by virtue of this
policy or, (iii) if title to the estate or interest,as insured, is
(a) "insured": the insured named in Schedule A, and, rejected as unmarketable. If such prompt notice shall not
subject to any rights or defenses the Company may have be given to the Company, then as to such insured all
against the named insured, those who succeed to the liability of the Company shall cease and terminate in regard
interest of such insured by operation of law as distinguished to the matter or matters for which such prompt notice is
from purchase including, but not limited to, heirs, dis• required; provided, however, that failure to notify shall in
tributees, devisees, survivors, personal representatives, next no case prejudice the rights of any such insured under this
of kin, or corporate or fiduciary successors. policy unless the Company shall be prejudiced by such
(b) "insured claimant": an insured claiming loss or failure and then only to the extent of such prejudice.
damage hereunder. (c) The Company shall have the right at its own cost tc
(c) "knowledge": actual knowledge, not constructive institute and without undue delay prosecute any action of
knowledge or notice which may be imputed to an insured proceeding or to do any other act which in its opinion may
by reason of any public records. be necessary or desirable to establish the title to the estate
(d) "land": the land described, specifically or by or interest as insured, and the Company may take any
reference in Schedule A, and improvements affixed thereto appropriate action under the terms of this policy, whether
which by law constitute real property; provided, however, or not it shall be liable thereunder, and shall not thereby
the term "land" does not include any property beyond the concede liability or waive any provision of this policy.
lines of the area specifically described or referred to in (d) Whenever the Company shall have brought any
Schedule A, nor any right, title, interest,estate or easement action or interposed a defense as required or permitted by
in abutting streets, roads, avenues, alleys, lanes, ways or the provisions of this policy, the Company may pursue any
waterways, but nothing herein shall modify or limit the such litigation to final determination by a court of
extent to which a right of access to and from the land is competent jurisdiction and expressly reserves the right, in
insured by this policy. its sole discretion, to appeal from any adverse judgment or
(e) "mortgage": mortgage,deed of trust,trust deed, or order.
other security instrument. (e) In all cases where this policy permits or requires
(f) "public records": those records which by law the Company to prosecute or provide for the defense of
impart constructive notice of matters relating to said land. any action or proceeding,the insured hereunder shall secure
to the Company the right to so prosecute or provide
2. CONTINUATION OF INSURANCE AFTER CON- defense in such action or proceeding, and all appeals
VEYANCE OF TITLE therein, and permit the Company to use, at its option,the
The coverage of this policy shall continue in force as of name of such insured for such purpose.Whenever requested
Date of Policy in favor of an insured so long as such insured by the Company, such insured shall give the Company all
retains an estate or interest in the land, or holds an reasonable aid in any such action or proceeding, in effecting
indebtedness secured by a purchase money mortgage given settlement, securing evidence, obtaining witnesses, or pros-
by a purchaser from such insured,or so long as such insured ecuting or defending such action or proceeding, and the
shall have liability by reason of covenants of warranty made Company shall reimburse such insured for any expense so
by such insured in any transfer or conveyance of such incurred.
estate or interest; provided, however, this policy shall not
continue in force in favor of any purchaser from such 4. NOTICE OF LOSS— LIMITATION OF ACTION
insured of either said estate or interest or the indebtedness In addition to the notices required under paragraph
secured by a purchase money mortgage given to such 3(b) of these Conditions and Stipulations, a statement in
insured. writing of any loss or damage for which it is claimed the
3. DEFENSE AND PROSECUTION OF ACTIONS — Company is liable under this policy shall be furnished to
NOTICE OF CLAIM TO BE GIVEN BY AN INSURED the Company within 90 days after such loss or damage shall
CLAIMANT have been determined and no right of action shall accrue to
an insured claimant until 30 days after such statement shall
(a) The Company, at its own cost and without undue have been furnished. Failure to furnish such statement of
delay, shall provide for the defense of an insured in all loss or damage shall terminate any liability of the Company
litigation consisting of actions or proceedings commenced under this policy as to such loss or damage.
against such insured, or a defense interposed against an
insured in an action to enforce a contract for a sale of its 5. OPTIONS TO PAY OR OTHERWISE SETTLE
estate or interest in said land, to the extent that such CLAIMS
litigation is founded upon an alleged defect, lien,
encumbrance, or other matter insured against by this The Company shall have the option to pay or otherwise
settle for or in the name of an insured claimant any claim
policy. insured against or to terminate all liability and obligations
(b) The insured shall notify the Company promptly in of the Company hereunder by paying or tendering payment
writing (i) in case any action or proceeding is begun or of the amount of insurance under this policy together with
defense is interposed as set forth in (a) above, (ii) in case any costs, attorneys' fees and expenses incurred up to the
knowledge shall come to an insured hereunder of any claim time of such payment or tender of payment, by the insured
of title or interest which is adverse to the title to the estate 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 if the amount of insurance under this policy was divided
(a) The liability of the Company under this policy pro rata as to the value on Date of Policy of each separate
shall in no case exceed the least of: parcel to the whole, exclusive of any improvements made
subsequent to Date of Policy, unless a liability or value has
(i) the actual loss of the insured claimant;or otherwise been agreed upon as to each such parcel by the
(ii) the amount of insurance stated in Schedule A. Company and the insured at the time of the issuance of this
(b) The Company will policy and shown by an express statement herein or by an
p y pay, in addition to any loss endorsement attached hereto.
insured against by this policy, all costs imposed upon an
insured in litigation carried on by the Company for such 11. SUBROGATION UPON PAYMENT OR SETTLE-
insured, and all costs, attorneys' fees and expenses in MENT
litigation carried on by such insured with the written Whenever the Company shall have settled a claim under
authorization of the Company. this policy, all right of subrogation shall vest in the
(c) When liability has been definitely fixed in accord- Company unaffected by any act of the insured claimant.
ance with the conditions of this policy, the loss or damage The Company shall be subrogated to and be entitled to all
shall be payable within 30 days thereafter. rights and remedies which such insured claimant would
7. LIMITATION OF LIABILITY have had against any person or property in respect to such
No claim shall arise or be maintainable under this claim had this policy not been issued, and if requested by
policy (a) if the Company, after having received notice of the Company, such insured claimant shall transfer to the
an alleged defect, lien or encumbrance insured against Company all rights and remedies against any person or
hereunder, by litigation or otherwise, removes such defect, property necessary in order to perfect such right of
lien or encumbrance or establishes the title, as insured, subrogation and shall permit the Company to use the name
within a reasonable time after receipt of such notice; (b) in of such insured claimant in any transaction or litigation
the event of litigation until there has been a final involving such rights or remedies. If the payment does not
determination by a court of competent jurisdiction, and cover the loss of such insured claimant, the Company shall
disposition of all appeals therefrom, adverse to the title, as be subrogated to such rights and remedies in the proportion
insured, as provided in paragraph 3 hereof; or (c) for which said payment bears to the amount of said loss. If loss
liability voluntarily assumed by an insured in settling any should result from any act of such insured claimant, such
claim or suit without prior written consent of the Corn-
. act shall not void this policy, but the Company, in that
claim event, shall be required to pay only that part of any losses
insured against hereunder which shall exceed the amount, if
8. REDUCTION OF LIABILITY any, lost to the Company by reason of the impairment of
All payments under this policy,except payments made the right of subrogation.
for costs, attorneys' fees and expenses, shall reduce the 12. LIABILITY LIMITED TO THIS POLICY
amount of the insurance pro tanto. No payment shall be
made without producing this policy for endorsement of This instrument together with all endorsements and
such payment unless the policy be lost or destroyed, in other instruments, if any, attached hereto by the Company
which case proof of such loss or destruction shall be is the entire policy and contract between the insured and
furnished to the satisfaction of the Company. the Company.
9. LIABILITY NONCUMULATIVE Any claim of loss or damage, whether or not based on
negligence, and which arises out of the status of the title to
It is expressly understood that the amount of insurance the estate or interest covered hereby or any action asserting
under this policy shall be reduced by any amount the such claim, shall be restricted to the provisions and
Company may pay under any policy insuring either (a) a conditions and stipulations of this policy.
mortgage shown or referred to in Schedule B hereof which
is a lien on the estate or interest covered by this policy,or No amendment of or endorsement to this policy can be
(b) a mortgage hereafter executed by an insured which is a made except by writing endorsed hereon or attached hereto
charge or lien on the estate or interest described or referred signed by either the President, a Vice President, the
to in Schedule A, and the amount so paid shall be deemed a Secretary, an Assistant Secretary, or validating officer or
payment under this policy. The Company shall have the authorized signatory of the Company.
option to apply to the payment of any such mortgages any 13. NOTICES,WHERE SENT
amount that otherwise would be payable hereunder to the All notices required to be given the Company and any
insured owner of the estate or interest covered by this statement in writing required to be furnished the Company
policy and the amount so paid shall be deemed a payment shall be addressed to it at its main office, P. 0. Box 2029,
under this policy to said insured owner. Houston,Texas 77252.
10. APPORTIONMENT 14. The premium specified in Schedule A is the entire.
If the land described in Schedule-A consists of two or charge for acceptance of risk. It includes charges for
more parcels which are not used as a single site, and a loss is title search and examination if same is customary or
established affecting one or more of said parcels but not all, required to be shown in the state in which the policy is
the loss shall be computed and settled on a pro rata basis as issued.
Valid Only If Schedules A and B are Attached. S r1'E\S A 12'1' 'F I'I'L E
GUARANTY COMrA\Y
•
•
FD ALTA/LMP OWNER'S POLICY
SCHEDULE A
Order No.:
14996 Policy No.: 0 9902 145535
Date of Policy:MaY 01 , 1987 At 4 :23 PM Amount of Insurance: S 625 ,000 . 00
1. Name of Insured:
JOHN P. MASCO'1TE
2. The estate or interest in the land which is covered by this policy is:
e la:: SIMPLE
3. Title to the estate or interest in the land is vested in:
JOHN P. MASCOTTE
4. The land referred to in this policy is described as follows:
Lot 13
BLACK BIRCH ESTATES SUBDIVISION
County of Pitkin, State of Colorado
Stewart Title of Aspen, Inc.
602 E. Hyman
Aspen, Co 81611
303-925-3577
AUTHORIZED COUNTERSIGNATURE
• •
OWNER'S POLICY
•
ORDER NO. : 14996
SCHEDULE B
Policy No.:
0 9902 145535
This policy does not insure against loss or damage (and the company will not pay costs, attorneys'
fees or expenses)which arise by reason of:
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 in any general or specific water
conservancy, fire protection, soil conservation or other
district or inclusion in any water service or street
improvement area.
7 . Right of the proprietor of a vein or lode to extract and remove
his ore therefrom, should the same be found to penetrate or
intersect the premises, as reserved in United States Patent
recorded August 17, 1889 in Book 55 at Page 5.
8. Easement for utilities along the Southeasterly and
Southwesterly 10 feet of the subject property as shown on the
recorded plat of said subdivision.
9 . Easement for ditch 20 feet in width as shown on and set forth
in the recorded plat of said subdivision.
10 . Restrictions, which do not contain a forfeiture or reverter
clause, but omitting restrictions, if any, based on race ,
color, religion or national origin, as set forth in instrument
recorded June 22 , 1967 in Book 227 at Page 452.
STENS:A T T'T'TT ,1.
=ROM • R MEM, .RCS ® =HONE NO. : 970 927 9442 4111. 17 1999 11:57i-P! P1
PALMER, ARCHATECT BOX 767 BASALT, CO. 81621
WARREN L. .
1/March 1499
City Forester
Aspen City Perks Dept.
585 Cemetery Lane
Aspen, Co:81621 lien,l lad Black Birch Stearn:the Mascotte Residence Addition,Sarn Margin Review Exemption,
Dear Sir:
I am representing John and Sarah tvlascoett in their pursuit:of a 72 sf.addition to the entry iew their
Black Birch.The approvals for this addition require a Stream Margin
Exemption.The addition also requires adieu to the removal of two small aspen trees a to the house.
Review Exemption,I asked Al Arnold from Lambert Construction to
apply ert of ttfe remo n,t for this woaic.Al contacted the City Parks Lunt and was told
Ma for trees,tee because caube o sue,would not require a permit for rcc'oval.He was also told
Mat the City Parks se then 3wou off on this section of the Stream Margin Review
that the City Parks��ent wauid sign
Exemption when it came through the apps vat channels.
I picked up the approved Stream Margin Review Exemption from Sarah Oates East week and as
of the conditions of approval,the Planning Dopare tcr`t is requiring that;"prior to issuance of a
part
uilding permit,the applicant-will obtain a letter from the Pa:ks Department ven-iyirg that no
permits are needed for the removal of any trees." ,
I am submitting to the Building Department
t for the change order to our building permit covering
this work and would like to submit that letter at this titre.\Would you please sign and date.this
.letter,stating that Al Arnold had applied for the tree removal pe�.it:and that a permit
required.Thank you for your help.
. . IXIMAr,\ .
Warren L,Palmer
to: the Aspen Planning Dept. .
from: the Aspen Parks Dept.
Mr.Alan Arnold of Lambert Construction did apply for a tree removal permit for the work
at 11 r .lack Birch,Aspen.Colorado.The permit was not required.because of the size of the
.•f ,e L. ..-:, ate: .3--/ 7- ”D
r A • n' rty Fares - 677. parks Dept.
CA-&—Z.). ' 6,(,,,,,L,rje,1 t
7 z r 3 r,
r�i_�Q4Yy�? L
•
MEMORANDUM
TO: Julie Ann Woods, Community Development Director
FROM: Sarah Oates, Planning Technician Sp
RE: Mascotte Stream Margin Exemption-1130 Black Birch
DATE: March 10, 1999 •
SUMMARY:
John P. Mascotte, owner, has applied for an exemption from the Stream Margin
Review to increase the entrance of the existing residence by 72 square feet.
APPLICANT:
John P. Mascotte. Represented by Warren Palmer, Architect.
LOCATION:
1130 Black Birch.
•
ZONING:
R-15. Moderate-Density Residential.
REVIEW PROCEDURE: •
Development that meets the criteria in Exhibit "A"may be approved by the
Community Development Director.
STAFF COMMENTS:
Review criteria and Staff Findings have been included as Exhibit"A." The
application has been included as Exhibit"B."
RECOMMENDATION:
Staff recommends the Community Development Director approve this Stream
Margin Exemption with the following conditions:
1. The development may occur as represented in this application.
2. The proposed work is outside of the 100 year floodplain.
3. Prior to construction,the applicant shall obtain all necessary permits from the Building
Department as required.
4. Prior to submitting an application for a building permit,the applicant must prepare a drainage
plan that demonstrates that runoff during construction will be maintained on the site and not
permitted to drain to the river.
1
•
•
• e
5. Prior to issuance of a building permit,the applicant will obtain a letter from the Parks
Department verifying that no permits are needed for the removal of any trees.
6. Given the continuous problems of unapproved work and development in the public rights-of-
way adjacent to private property, we advise the applicant as follow:
The applicant must received approval from City Engineering for design of
improvements, including landscaping, within the public rights-of-way, Parks Department
for vegetation species and for public trail disturbance, and Streets Department for
mailboxes, street and alley cuts, and shall obtain permits for any work or development,
including landscaping, within public rights-of-way from the Community Development
Department.
APPROVAL r-- aT r 1 O.-surf-oy-0 S
I hereby approve this Stream Margin Exemionyan addition to the Mascotte residence,
1130 Black Birch, with the above conditions listed 1-$1.
APPROVED
date P0/.9.,
ie Ann Woods, Community Development Director
• ` P; 1 l 1999
COMMUNITY Or. r 1,iENT DIRECTOR
CID'OF ASPEN
CCEPTANCE:
I, as a person being or representing the applicant, do hereby understand and agree to
the conditions of this approval and certify the information provided in this
application is correct to the best of my knowledge.
I ,J iW&AilA date '5- 15 i
arren Palmer, A hitect, representing
John P. Mascotte, owner.
ATTACHMENTS:
Exhibit A—Staff Comments
Exhibit B—Application .
2
•
EXHIBIT A
STAFF COMMENTS:
Section 26.68.040(C)Exemption. The expansion,remodeling,or reconstruction of an existing
development shall be exempt from stream margin review if the following standards are met: •
1. The development does not add more than ten(10)percent to the floor area
of the existing structure or increase the amount of building area exempt from
floor.area calculations by more than twenty-five(25)percent.
Staff Finding: The proposed addition is 72 square feet, a 2% increase in floor
•
area.
2. The development does not require the removal of any tree for which a
permit would be required pursuant to Section 13.20.
Staff Finding: Although there are several small trees that will need to be
removed, the Parks Department is not requiring a permit,
3. The development is located such that no portion of the expansion,
remodeling or reconstruction will be any closer to the high water line than is the
existing development.
Staff Finding: The expansion will not be any closer to the high water line than
the existing development.
4. The development does not fall outside of an approved building envelope if
one has been designated through a prior review. .
'Staff Finding: The original plat for the development does not have designated
building envelopes; therefore, this standard is not applicable.
•
5. The development is located outside of the special flood area and more than
one hundred(100)feet measured horizontally from the mean high water line of .
the Roaring Fork River and its tributary streams, or the expansion, remodeling
or reconstruction will cause no increase to the amount of ground coverage of .
structures within the special flood hazard area.
Staff Finding: The development meets the second standard.
6. All exemption are cumulative. Once a development reaches the totals specified in Section
26.68.040.C.1, a stream margin review must be obtained pursuant to Section 26.68.040.B.
Staff Finding: This exemption does not exceed the totals specified in Section
26.68.040.C:1.
•
•
•
s
• ' - WARREN L. F _ME* Let er.f Transmittal
Architect .
' P.O. Box 767 DATE JOB NO.
BASALT, COLORADO 81621 ' )Z 'ii
PHONE (970) 927-9442 (Basalt) ::Ti T N E ( 0) 92 \i iIa ' P/11;* 0-e-7` 1•
PHONE (970) 925-2776 (Aspen) - -�
I ice? SitZ.6114 ri Z
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C -a-AFL' O 'L_ 4
' Aq7E-NI , 07,1_;) bcol, I e ‘elvl,f..nto‘(\i
WE ARE SENDING YOU ❑ Attached via-}+,4N (.,_\r./,, the following items:
❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications
❑ Copy of letter ❑ Change order ❑
COPIES DATE NO. DESCRIPTION
3 11- it-6.1 r Yve .
3 11-14 4S LP. - orzi, 7-5) , v\t/ qmPeze pork&z___
3 — -1111--E- PO Li e--i Moe- of owe . -
3 1 . 11 -ell i Mirroep7.4cirm orV% . -•.■1
5 /1•11 -VI 40 V---PLI i ei-WATTDN51 •M r_,.p- CACC i Say NAP
TH SE ARE TRANSMITTED as checked below: IL R' T 6'' ' 1 • r • —7. - Y -
CI For approval ❑ Approved as submitted ❑ Resubmit copies for approval
❑ For your use ❑ Approved as noted ❑ Submit copies for distribution
❑ As requested ❑ Returned for corrections ❑ Return corrected prints
tit For review and comment
❑ FOR BIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US
REMARKS (/44141K7 ' 64647--A—:
= _Waif** CV ";ice LLi'iit" OJ F % _ .P 49'1 GF-
• 11.,:a '. IIkr LdWilw.% 0 tar JJP / ri 'A. '
II ! AU:LA Iii'I i 14-_.r. 'Vflisiiki —Ifz ' ° i9y -
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C7--- z- —10 8 - 3 F - e t -
C' rr iji'' ;TIN r / r y fro∎ N KtfhT-.,:4t-1
COPY TO • - ' 0 6 Or--, % ! kill 4 •l_ SIGNED: \ l4.74 a
If enclosures are not as noted, kindly notify us at once.
•
CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
PLANNER: Sarah Oates,920-5441 DATE: 11/19/98
PROJECT: Blackbirch Stream Margin Exemption
REPRESENTATIVE: Wan-en Palmer
OWNER:
TYPE OF APPLICATION: 0 step-ESA Exemption
DESCRIPTION: Addition
Land Use Code Section(s)
26.68.040 Stream Margin Exemption
Review by: Staff
Public Hearing: NO
Referral Agencies: Parks
Planning Fees: Planning Deposit Minor($450)
Referral Agency Fees: None.
Total Deposit: $450(additional hours are billed at a rate of$180/hour)
To apply, submit the following information:
1. Proof of ownership
2. Signed fee agreement
3. Applicant's name, address and telephone number in a letter signed by the applicant which states the name,
address and telephone number of the representative authorized to act on behalf of the applicant.
4. Street address and legal description of the parcel on which development is proposed to occur, consisting of a
current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado,
listing the names of all owners of the property, and all mortgages,judgments, liens,-easements, contracts and
agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application.
5. Total deposit for review of the application
6. 3_ Copies of the complete application packet and maps.
- ITC= 12; PZ= 10; GMC=PZ+5; CC = 7; Referral Agencies= 1/ea.; Planning Staff= 1
7. An 8 1/2"by 11"vicinity map locating the parcel within the City of Aspen.
8. Site map showing placement of improvement
9. Additional materials as required by the specific review. Please refer to the application packet for specific
submittal requirements or to the code sections noted above.
10. A written description of the proposal and an explanation in written,graphic, or model form of how the proposed
development complies with the review standards relevant to the development application. Please include
existing conditions as well as proposed.
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning,which is
subject to change in the future,and upon factual representations that may or may not be accurate. The summary does not create a
legal or vested right.
WARREN L. PA__.✓IER :tCHITECT BOX 1 •BASALT, CO. 81621
. 12 Feb. 99
Chris Bendon, Sarah Oates
Aspen City Planning
130 S. Galena
Aspen, Colorado
81611
RE: Stream Margin Review Exemption, the Mascotte Residence, 1130 Black Birch.
As per our meeting on the 19th of November, I am requesting a Stream Margin Review Exemption
Approval for the remodel work on the Mascotte Residence: As discussed, we would like to add 72
sf. to the entry of the existing residence.
I am enclosing a copy of the existing and proposed plans and elevations for your review. The
existing house is at 3280 sf., where 4552 sf. is allowed. With the proposed 72 sf. addition to the
entry, the total area will be 3352 sf., where 4552 sf. is allowed. We would still only be at 73% of
the allowed F.A.R. and the proposed addition would be 2% of the existing area.
The proposed addition is within the 100 ft. setback from Mean High Water, but is no closer to the
Mean High Water, than the existing structure.
Al Arnold from Lambert Construction,requested a permit for the removal of the two small trees
adjacent to the entry, and was told by the City Forester, that a permit was not required because of
the size of the trees. He said to submit the request with the change order to the Bldg. Dept. and he
would sign off on the removal.
As per our discussions, I am pursuing the change order with the Bldg. Dept. to our existing permit
#8-345.
Sincerely,
f\ \fv\v\f'
Warren Palmer
copies: the Mascottes,Lambert Construction
ASrEN/P.IN COMMUNITY DEVEL _,PMEgaDEPARTMENt
Agreement for Payment of City of Aspen Development Applications Fees •
(Please Print Clearly)
CITY OF ASPEN (hereinafter CITY) and TO(*i P - M A-66 o-TTY
(hereinafter APPLICANT') AGREE AS FOLLOWS:
1. APPLICANT 'has submitted to CITY appiication for 4TgZGAI \ M6-I4
tEMP T 4 ( 4A,. sZ,LE4rrraq (hereinafter. THE PROJECT)
>.PPLICANT understands and agrees that City of Aspen Ordinance No. 43 (Series of 1 996)
establishes a fee structure for land use applications and the payment of all processing fees is a
condition precedent to a determination of application compieteness.
3. APPLICANT and CITY agree that because of the size. nature or scope of the proposed
project. it is not possible at this time to ascertain the full extent of the costs involved in processing
the appiication. APPLICANT and CITY further agree that it is in the interest of the parties to allow
APPLICANT to make payment of an initial deposit and to thereafter permit additional costs to be
billed to APPLICANT on a monthly basis. APPLICANT agrees he will be benefited by retaining
great cash liquidity and will make additional payments upon notification by the CITY when they are
necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of
recovering its full costs to process APPLICANTS application.
4. CITY and APPLICANT further agree that it is impracticable for CITY sraff to complete
processing or present sufficient information to the Planning Commission and/or City Council to
enable the Planning Commission and/or City Council to make legally required findings for project
approval, unless current billings are paid in full prior to decision.
•
5. Therefore, APPLICANT agrees that in consideration of the City's waiver of its right to
collect full fees prior to a determination of appiication completeness. APPLICANT shall pay an
initial deposit in the amount of S 4t O;" which is for hours of Planning staff time. and
if actual recorded costs exceed the initial deposit. APPLICANT shall pay additional monthly billings
to CITY to reimburse the CITY for the processing of the application mentioned above, including
post approval review. Such periodic payments shall be made within 30 days of the billing date.
APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of
processing. •
CITY OF ASPEN APPLICANT
Signature: Li IMAiikiLH ti 'VI 11
$ie Ann Woods Date: r o► I(>,•;rnigA.�►r
Printed Name: Jb i+N P. Mi4coire.
Community Development Mailing Address: 5041 WOgNI+LL tab. Arr. (,F-F
Acting Director K#01441440 CM? MD
City of Aspen toq'(t 1.
•
JOB b4tc,_ reozet-, . -�
• . WARREN L. PALER
ARCHITECT SHEET NO. Wtp OF
'/)�
P.O. Box 767 CALCULATED BY DATEL 12 AI
BASALT, COLORADO 81621
(970) 927-9442 CHECKED BY DATE
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WARREN L. PAL. R. AOHITECT BOX 76' likSALT, CO. 81621
'19 NOV. 98
Sara Thomas
Aspen City Zoning Officer
130 S. Galena
Aspen, Colorado
81611
RE: Ord. 30,Design Review, the Mascotte Residence, 1130 Black Birch.
As per our meeting on Tuesday,I am requesting Administrative Ord. 30 Approval for the remodel
work on the Mascotte Residence. As discussed, we would like to change out all the windows in
the residence. In some locations there would be a reconfiguration of the existing windows.The
primary reason for the change is to allow egress windows in the existing bedrooms. In addition,
the existing windows do not meet current energy code requirements and have considerable dry rot
damage.
I am enclosing a copy of the existing elevations and the proposed elevations for your review. In the
two locations on the east and west elevations where we have glass in excess of the 9 ft.plate height
limit, I checked the F.A.R. calculation for the exemption, as suggested by you. The existing house
is at 3088 sf., where 4552 sf. is allowed. The area behind the locations with tall glass is 192 sf. If
we included this area at the 2:1 as per the code,the total area of the house would be 3280 sf. where
4552 sf. is allowed. We would still only be at 72% of the allowed F.A.R.
If this meets your approval, I would like to pursue a change order with the Bldg. Dept. to our
existing permit#8-345, as soon as possible.
Sincerel ,
\A/
Warren Palmer
copies: the Mascottes,Lambert Construction
• Qwner's Polies, —Form B—F led 10-� •
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ev ' SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND ;•
>r THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, STEWART TITLE GUARANTY l� ' ,
'▪' COMPANY, a corporation of Galveston, Texas, herein called the Company, insures, as of Date of Policy shown in at:'.
▪wSchedule 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 ; K`.
' reason of: ;I 1.
al' '. 1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein; .'R .
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M° ., 2. Any defect in or lien or encumbrance on such title; I` I))
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It- 3. Lack of a right of access to and from the land;or
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is 4. Unmarketability of such title • 1•
rl a' IN WITNESS WHEREOF, Stewart Title Guaranty Company caused this policy to be signed and sealed by I, d))
tY. P Y P Y 9 y its
M )) duly authorized officers as of Date of Policy shown in Schedule A.~,� ?I e))
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SArd ter,j/D`�JQ-/ i�.s. I•SAr 1•+ w r��..4q President
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EXCLUSIONS FROM COVERAGE . i4
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The following matters are expressly excluded from the coverage of this policy:
,, 11) 1. Any law,ordinance or governmental regulation (including but not limited to building and zoning ordinances)restricting or regulating or ,I?
« prohibiting the occupancy,use or enjoyment of the land,or regulating the character,dimensions or location of any improvement now or -
' v)1 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 +))
et:-v) of any violation of any such law,ordinance or governmental regulation. . +
•0.- 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public
:t records at Date of Policy. it .4).
4+ 3. Defects,liens,encumbrances,adverse claims,or other matters(a)created,suffered,assumed or agreed to by the insured claimant.(b)not 1,,
�� r! 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 �I-' ly
^))1 such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company p 4.1
„▪ - prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) •
• ri attaching or created subsequent to Date of Policy;or (e) resulting in loss or damage which would not have been sustained if the insured 'f.4
.,,T, claimant had paid value for the estate or interest insured by this policy. •
4,1-t7 - Page I of 1 r °` �' 1
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•
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS or interest as insured,and which might cause loss or damage
The following terms when used in this policy mean: for which the Company may be liable by virtue of this
policy or, (iii) if title to the estate or interest,as insured, is
(a) "insured": the insured named in Schedule A, and, rejected as unmarketable. If such prompt notice shall not
subject to any rights or defenses the Company may have be given to the Company, then as to such insured all
against the named insured, those who succeed to the liability of the Company shall cease and terminate in regard
interest of such insured by operation of law as distinguished to the matter or matters for which such prompt notice is
from purchase including, but not limited to, heirs, dis- required; provided, however, that failure to notify shall in
tributees, devisees, survivors, personal representatives, next no case prejudice the rights of any such insured under this
of kin, or corporate or fiduciary successors. policy unless the Company shall be prejudiced by such
(b) "insured claimant": an insured claiming loss or failure and then only to the extent of such prejudice.
damage hereunder. (c) The Company shall have the right at its own cost tc
(c) "knowledge": actual knowledge, not constructive institute and without undue delay prosecute any action of
knowledge or notice which may be imputed to an insured proceeding or to do any other act which in its opinion may
by reason of any public records. be necessary or desirable to establish the title to the estate
(d) "land": the land described, specifically or by or interest as insured, and the Company may take any
reference in Schedule A, and improvements affixed thereto appropriate action under the terms of this policy, whether
which by law constitute real property; provided, however, or not it shall be liable thereunder, and shall not thereby
the term "land" does not include any property beyond the concede liability or waive any provision of this policy.
lines of the area specifically described or referred to in (d) Whenever the Company shall have brought any
Schedule A, nor any right, title, interest,estate or easement action or interposed a defense as required or permitted by
in abutting streets, roads, avenues, alleys, lanes, ways or the provisions of this policy, the Company may pursue any
waterways, but nothing herein shall modify or limit the such litigation to final determination by a court of
extent to which a right of access to and from the land is competent jurisdiction and expressly reserves the right, in
insured by this policy, its sole discretion, to appeal from any adverse judgment or
(e) "mortgage": mortgage,deed of trust,trust deed, or
order.
other security instrument (e) In all cases where this policy permits or requires
(f) "public records": those records which by law the Company to prosecute or provide for the defense of
impart constructive notice of matters relating to said land. any action or proceeding,the insured hereunder shall secure •
to the Company the right to so prosecute or provide
2. CONTINUATION OF INSURANCE AFTER CON- defense in such action or proceeding, and all appeals
VEYANCE OF TITLE therein, and permit the Company to use, at its option,the
The coverage of this policy shall continue in force as of name of such insured for such purpose.Whenever requested
Date of Policy in favor of an insured so long as such insured by the Company, such insured shall give the Company all
retains an estate or interest in the land, or holds an reasonable aid in any such action or proceeding, in effecting
- - indebtedness secured by a purchase money mortgage given settlement, securing evidence, obtaining witnesses, or pros-
by a purchaser from such insured,or so long as such insured ecuting or defending such action or proceeding, and the
shall have liability by reason of covenants of warranty made Company shall reimburse such insured for any expense so
by such insured in any transfer or conveyance of such incurred.
estate or interest; provided, however, this policy shall not
continue in force in favor of any purchaser from such 4. NOTICE OF LOSS— LIMITATION OF ACTION
insured of either said estate or interest or the indebtedness In addition to the notices required under paragraph
secured by a purchase money mortgage given to such 3(b) of these Conditions and Stipulations, a statement in
insured. writing of any loss or damage for which it is claimed the
3. DEFENSE AND PROSECUTION OF ACTIONS — Company is liable under this policy shall be furnished to
NOTICE OF CLAIM TO BE GIVEN BY AN INSURED the Company within 90 days after such loss or damage shall
CLAIMANT have been determined and no right of action shall accrue to
an insured claimant until 30 days after such statement shall
(a) The Company, at its own cost and without undue have been furnished. Failure to furnish such statement of
• delay, shall.provide for the defense of an insured in all loss or damage shall terminate any liability of the Company
litigation consisting of actions or proceedings commenced ' under this policy as to such loss or damage.
against such insured, or a defense interposed against an
insured in an action to enforce a contract for a sale of its 5. OPTIONS TO PAY OR OTHERWISE SETTLE
estate or interest in said land, to the extent that such CLAIMS
litigation is founded upon an alleged defect, lien,
encumbrance, or other matter insured against by this The Company shall have the option to pay or otherwise
settle for or in the name of an insured claimant any claim
policy. insured against or to terminate all liability and obligations
(b) The insured shall notify the Company promptly.in of the Company hereunder by paying or tendering payment
writing (i) in case any action or proceeding is begun or of the amount of insurance under this policy together with
defense is interposed as set forth in (a) above, (ii) in case any costs, attorneys' fees and expenses incurred up to the
knowledge shall come to an insured hereunder of any claim time of such payment or tender of payment, by the insured
of title or interest which is adverse to the title to the estate claimant and authorized by the Company.
(continued and concluded on last page of this policy)
` ® 1
•
•
CONDITIONS AND STIPULATIONS Continue?
(continued and concluded from reverse side of Policy Face)
6. DETERMINATION AND PAYMENT OF LOSS if the amount of insurance under this policy was divided
(a) The liability of the Company under this policy pro rata as to the value on Date of Policy of each separate
shall in no case exceed the least of: parcel to the whole, exclusive of any improvements made
subsequent to Date of Policy, unless a liability or vaiue has
(i) the actual loss of the insured claimant;or otherwise been agreed upon as to each such parcel by the
(ii) the amount of insurance stated in Schedule A. Company and the insured at the time of the issuance of this
(b) The Company will pay, in addition to any loss policy and shown by an express statement herein or by an
insured against by this policy, all costs imposed upon an endorsement attached hereto.
insured in litigation carried on by the Company for such 11. SUBROGATION UPON PAYMENT OR SETTLE-
insured, and all costs, attorneys' fees and expenses in MEAT
litigation carried on by such insured with the written Whenever the Company shall have settled a claim under
authorization of the Company.
this policy, all right of subrogation shall vest in the
(c) When liability has been definitely fixed in accord- Company unaffected by any act of the insured claimant
ante with the conditions of this policy, the loss or damage The Company shall be subrogated to and be entitled to all
shall be payable within 30 days thereafter. rights and remedies which such insured claimant would
7. LIMITATION OF LIABILITY have had against any person or property in respect to such
No claim shall arise or be maintainable under this claim had this policy not been issued, and if requested by
policy (a) if the Company, after having received notice of the Company, such insured claimant shall transfer to the
an alleged defect, lien or encumbrance insured against Company all rights and remedies against any person or
hereunder, by litigation or otherwise, removes such defect, property necessary in order to perfect such right of
lien or encumbrance or establishes the title, as insured, subrogation and shall permit the Company to use the name
within a reasonable time after receipt of such notice; (b) in of such insured claimant in any transaction or litigation
the event of litigation until there has been a final involving such rights or remedies. If the payment does not
determination by a court of competent jurisdiction, and cover the loss of such insured claimant, the Company shall
disposition of all appeals therefrom, adverse to the title, as be subrogated to such rights and remedies in the proportion
insured, as provided in paragraph 3 hereof or (c) for which said payment bears to the amount of said loss. If loss
liability voluntarily assumed by an in her in settling any should result from any act of such insured claimant, such
claim or suit without prior written consent of the Corn-
event,act shall not void this policy, but the Company, in that
pang. shall be required to pay only that part of any losses
insured against hereunder which shall exceed the amount, if
8. REDUCTION OF LIABILITY any, lost to the Company by reason of the impairment of
All payments under this policy,except payments made the right of subrogation.
for costs, attorneys' fees and expenses, shall reduce the 12 LIABILITY LIMITED TO THIS POLICY
amount of the insurance pro tanto. No payment shall be
made without producing this policy for endorsement of This instrument together with all endorsements and
such payment unless the policy be lost or destroyed, in other instruments, if any, attached hereto by the Company
which case proof of such loss or destruction shall be is the entire policy and contract between the insured and
furnished to the satisfaction of the Company. the Company.
9. LIABILITY NONCUMULATIVE Any claim of loss or damage, whether or not based on
negligence, and which arises out of the status of the title to
It is expressly understood that the amount of insurance the estate or interest covered hereby or any action asserting
under this policy shall be reduced by any amount the such claim, shall be restricted to the provisions and
Company may pay under any policy insuring either (a) a conditions and stipulations of this policy.
mortgage shown or referred to in Schedule B hereof which
is a lien on the estate or interest covered by this policy,or No amendment of or endorsement to this policy can be
(b) a mortgage hereafter executed by an insured which is a made except by writing endorsed hereon or attached hereto
charge or lien on the estate or interest described or referred signed by either the President, a Vice President, the
to in Schedule A,and the amount so paid shall be deemed a Secretary, an Assistant Secretary, or validating officer or
payment under this policy. The Company shall have the authorized signatory of the Company:
option to apply to the payment of any such mortgages any 13. NOTICES,WHERE SENT
amount that otherwise would be payable hereunder to the All notices required to be given the Company and any
insured owner of the estate or interest covered by this statement in writing required to be furnished the Company
policy and the amount so paid shall be deemed a payment shall be addressed to it at its main office, P. 0. Box 2029,
under this policy to said insured owner. Houston,Texas 77252.
10. APPORTIONMENT 14. The premium specified in Schedule A is the entire.
I f the land described in Schedule A consists of two or _ charge for acceptance of risk. It includes charges for
more parcels which are not used as a single site,and a loss is title search and examination if same is customary or
established affecting one or more of said parcels but not all, required to be shown in the state in which the policy is
the loss shall be computed and settled on a pro rata basis as issued. •
Valid Only If Schedules A and 8 are Attached ' S E` N T '1'I L E
• GUARANTY COMrAs1-
•
•
ALTA OWNER'S POLICY
PD/LMP
SCHEDULE A
Order No.: 14996 Policy No:: 0 9902 145535
Date of Policy:'day 01 , 1987 At 4 : 23 PM Amount of Insurance: S 625 .000 . 00
1. Name of Insured:
JOHN P. MASCO'1"1'_".'
2. The estate or interest in the land which is covered by this policy is:
= S IMPLE
3. Title to the estate or interest in the land is vested in:
JOHN P. MASCO'r1'E
4. The land referred to in this policy is described as follows:
Lot 13
BLACK BIRCH ESTATES SUBDIVISION
County of Pitkin, State of Colorado.
Stewart Title of Aspen, Inc.
602 E. Hyman
Aspen, Co 81611
303-925-3577
,AUTHORIZED COUNTERSIGNATURE -
•
,OWNER'S POLICY
ORDER NO. : 14996
SCHEDULE B
Policy No.:
0 9902 145535
This policy does not insure against loss or damage (and the company will not pay costs, attorneys'
fees or expenses)which arise by reason of:
•
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 in any general or specific water
conservancy, fire protection, soil conservation or other
• district or inclusion in any water service or street
improvement area.
7 . Right of the proprietor of a vein or lode to extract and remove
his ore therefrom, should the same be found to penetrate or
intersect the premises, as reserved in United States Patent
recorded August 17, 1889 in Book 55 at Page 5.
8. Easement for utilities along the Southeasterly and
Southwesterly 10 feet of the subject property as shown on the •
recorded plat of said subdivision.
9 . Easement for ditch 20 feet in width as shown on and set forth
in the recorded plat of said subdivision.
10 . Restrictions, which do not contain a forfeiture or reverter
clause, but omitting restrictions, if any, based on race ,
• color , religion or national origin, as forth in instrument
recorded June 22, 1967 in Book 227 at Page 452. •
S.;TEWA. 12T 'TT'TTT
i
BOOK 535 PAGE 136
d(� o'clock .m-
z �. Recorded at
T
''a
U. Reception No. Recorder
�
. 1
i•- ni GENERAL WARRANTY DEED
.: , Robert P. Miller whose address is
1 , SVVT
cj / Cc 4/6/2— , for Ten Dollars ($10. 00) a
other good and valuable considerations, in hand paid, hereby /6
Ll sells and conveys to John P. Mascotte whose address is 37 the
_
Manursing Avenue, Rye, New York 10580,
following real property in the County of Pitkin, State of
Colorado described as follows:
Lot 13 , Black Birch Estates Subdivision
County of Pitkin, State of Colorado
,:c
with all its appurtenances and warrants title to the same,
SUBJECT TO AND EXCEPTING: General taxes for 1987 payable January
\.: 1 , 1988; the effect of inclusions in any general or specific
water conservancy, fire protection, soil conservation or other
district or inclusion in any water service or street improvement
area; right of the proprietor of a vein or lode to extract and
remove his ore therefrom, should the same be found to penetrate
or intersect the premises , as reserved in United States Patent
recorded August 17 , 1889 in Book 55 at Page 5 ; easement for .
utilities along the Southeasterly and Southwesterly 10 feet of
the subject property as shown on the recorded plat of said
subdivision; easement for ditch 20 feet in width as shown on and
set forth in the recorded plat of said subdivision;
and restrictions, which do not contain a forfeiture or reverter
clause, but omitting restrictions, if any, based on race, color,
religion or national origin, as set forth ' instrument recorded
June 22, 1967 in Book 227 at Page 4/52. �Z
/7-AA -li
Signed this day of , 87 .
•
Amor - 1 A .',111/
Ro. rt ' . Mi' ler
STATE OF L....5�� , )
ss
COUNTY OF �`7/ )
The foregoing instrument was acknowledged before me
this /"T .day of Pr/<i , 1987 by Robert P. Miller.
WITNESS my hand and official seal.
i
My commission expires: J •
r Qit1� ��..G
otaY Public
cNi U .>1 r---------7-• • •
-IT ri A RI 'STATE DOCUMENT/1ft K
c1 �' ( �., 1 d/' Q ••off
o� C) i .! ; •.`,:7.01.t.........
....•... `,•�
S N
ee.. ...... ti. magol.,
•
a
4
BooK 535 IW E:13 7
�,
• . �,r Recorded at o'clock .m.
N% Reception No. Recorder
•
GENERAL WARRANTY DEED
6n Deborah L. Miller whose address is 3522 Rock Creek Run,
�' San Antonio, Texas 78203 , for Ten Dollars ($10. 00) and other
good and valuable considerations, in hand paid, hereby sells and
conveys to John P. Mascotte whose address is 37 Manursing Avenue,
Rye, New York 10580, a ef—my inte —i-rr the following real Va`6"-
property in the County of Pitkin, State of Colorado described as 01
follows: /,,
.
Lot 13, Black Birch Estates Subdivision
(\
County of Pitkin, State of Colorado
with all its appurtenances and warrants title to the same,
SUBJECT TO AND EXCEPTING: General taxes for 1987 payable January
1 , 1988; the effect of inclusions in any general or specific
water conservancy, fire protection, soil conservation or other
district or inclusion in any water service or street improvement
area; right of the proprietor of a vein or lode to extract and
remove his ore therefrom, should the same be found to penetrate
or intersect the premises, as reserved in United States Patent
recorded August 17 , 1889 in Book 55 at Page 5; easement for
utilities along the Southeasterly and Southwesterly 10 feet of
the subject property as shown on the recorded plat of said
subdivision; easement for ditch 20 feet in width as shown on and
set forth in the recorded plat of said subdivision;
and restrictions, which do not contain a forfeiture or reverter
clause, but omitting restrictions, if any, based on race, color,
religion or national origin, as set forth in instrument recorded
June 22, 1967 in Book 227 at Page 452.
Signed this -� ;") day of April, 1987 .
Deborah L. Miller
STATE OF Texas )
ss
COUNTY OF t3exar )
The foregoing instrument was acknowledged before me
this 28th day of April, 1987 by Deborah L. Miller.
WITNESS my hand and official seal.
My commission expire 07=07-88
NY
KIMBERLY A. McCOY
<� terry P• • i•
erly . Nl o
I • I Rotary Public, State of Texas y y
+rrF;te};' My Commission Expires 07-07-88
lFp
!." tea; ;n N
(STATE DOCUMENTARY ' 0''► co
MAY 1 087 -� °°
.?
) i , 7- 5
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