HomeMy WebLinkAboutcoa.lu.rz.Golf Course Subdivision.54-81 - 4
. 4*
No.
CASELOAD SUMMARY SHEET
,,----
City of Aspen
1 . DATE CERTIFIED COMPLETE: N ,," , i' , ' ' t STAFF: hiy,', ck, , /il,„4-
2. APPLICANT:
•
. 3. REPRESENTATIVE: 40,/,, - .",,,,. --,--7..- c_.:4-c.,7. ,Lif 1 ' ,.,,,:,
r t ,--1 , 2 - . 7
`j qac- (..-9 : --;'' '119
4. PROJECT NAME: (;C. i-f LI r, ,,S rit 6,4 !.
5. LOCATION: ( ,,-,9,711..„:741 ci i
° I .it. /
/410- LI Cit - 1 Ar..;-V ,--.; ,J
7
..g.:).
6. TYPE OF APPLICATION:
4 Step: GMP ( )
PUD (
I Subdivision
2 Step: Subdivision Exception ( )
GMP Exception ( )
1 Rezoning ( )
_
SPA
1 Step: Use Determination
Conditional Use
°
Special Review (. )
HPC
No. of Steps: Other:
7. CONCEPTUAL REFERRALS:
/Attorney 1 Sanitation District School District
1
" Engineering Dept. v' Mountain Bell Rocky Mtn. Nat. Gas
Housing 7Parks State Highway Dept.
/Water ----7 Holy Cross Electric Other
City Electric ‘,/ Fire Marshal/Building Dept.
8. DISPOSITION - CONCEPTUAL REVIEW:
P & Z I Approved / Denied
Date Sprf, 01-': 1 'IP i
C.,00(1.14
(7.61clOtyee-
‹ r ,
) C rtta
a ,,,,,.?
(y1 a afi0 ‘-Oi 5
)
eit 4c,_ NoA,C1 :? Id i,..1-‘2
6-C 1-f rutrE, 1;ft-1 7 IL./1 _pm
Council ✓ Approved ✓ Denied Date Irb V e r /(4(1
it
9. PRELIMINARY PLAT REFERRALS:
// Attorney ✓Sanitation District School District
° /Engineering Dept. Mountain Bell "Rocky Mtn. Nat. Gas
Housing ,/,. arks State Highway Dept.
—T
✓Water Holy Cross Electric ,/Other
City Electric ` ' Fire Marshal/Building Dept.
10. PRELIMINARY PLAT - PUBLIC HE�IRING — << p
P & Z V Approved f Denied Date 2 01(87-;
Oc-
Q c UP (�`��
12.4 ; P.9 J t lZ W. ..
Cik
11 . FINAL PLAT
Council ✓ - Approved ' Denied Date A" - �Zi
CA) �-- g —
12. RO TING: /�
/Engineering Attorne y U/ Building Other
_..
MEMORANDUM
TO: City Engineering Department
Paul Taddune, City Attorney
FROM: Alan Richman, Planning Office
RE: Golf Course Subdivision - Final Plat .
DATE: February 16, 1982
Attached is the Final Plat for the City-sponsored Golf Course Subdivision.
The accompanying rezoning ordinance will appear on the City Council agenda
on February 22, 1982 for 1st reading. The Final Plat will be scheduled
for City Council on March 22 when the rezoning ordinance has its 2nd reading.
Please review and return any comments to me by Friday, March 5.
Thank you!
i
MEMORANDUM
TO: Aspen City Council
FROM: Alan Richman, Planning Office
•
RE: Golf Course Final Plat and Rezoning Ordinance /
J
DATE: March 11 , 1982 APPROVED AS TO FORM: / U/�
Zoning: Park, small portion with Transportation 0 - ay
Lot Size: 186.035 Acres
Location: Highway 82 and Cemetery Lane (22474 State Highway 82)
Applicant's
Request: This is an application on behalf of the City of Aspen by the
Engineering Department. The applicant requests approval of
the final plat submission to divide the golf course property
into two parcels and also requests that each parcel be rezoned
as appropriate to the use of the property.
Rezoning is accomplished by Ordinance 8, series of 1982. This
ordinance zones the golf course (lot 1 ) , encompassing
182.035 acres, as "P" - Park. The ordinance also zones the
four acres of land associated with the Plum Tree lease (lot 2)
as "P" - Park with a "GCS" - Golf Course Support Overlay.
Finally, the ordinance zones the land adjacent to lot 2 which
is included in lot 1 but provides support service to the golf
course (i .e. , the parking lot) with a "GCS" overlay designation.
Referral •
Comments: The Engineering Department comments, attached for your review,
indicate that the final plat reflects all the corrections
requested during the preliminary plat review, with the
exception that the plat needs to be signed and sealed by the
surveyor prior to recordation.
The Attorney' s Office comments, also attached for your review,
indicate some concerns regarding easements over the Plum Tree
Inn property which are provided for by the lease with the Plum
Tree Inn. Each of the concerns has been accomodated by the
Engineering Department in the final plat.
The Attorney's Office has also verbally indicated to the
Planning Office that no subdivision agreement is required to
be written for this subdivision since no improvements are
associated with this plat and no conditions of approval need
to be formally defined.
Planning
Office
Recommendation: The Planning Office supports this application to subdivide and
rezone the golf course property. The Planning and Zoning
Commission, at their regular meeting on February 2, 1982, granted
approval to the preliminary plat submission and recommended that
you rezone the property as requested. The Planning Office
concurs with the recommendation by P & Z.
Council
Action: Should you concur with the Planning Commission and the Planning
Office, the appropriate motion is as follows:
"Move to approve Ordinance 8, series of 1982"
"Move to approve the golf course final plat, subject to the
following conditions:
1 . The plat is signed and sealed by the surveyor and
approved by the City Engineer as to form prior to
recordation."
MEMORANDUM
TO: Alan Richman, Planning Office
FROM: Jay Hammond, Engineering Office :*
DATE: March 9 , 1982
RE: Golf Course Subdivision Final Plat
Having reviewed the above submission, and being acquainted with
the site, the Engineering Department has the following comments :
1. The final plat submitted with the application complies
with all the comments contained in my memo of January 7, 1982 .
In view of the nature of the subdivision, that is the seperation
of the Plum Tree Inn for the purpose of sale, and the City-owned
status of the remaining parcel, many of our concerns are negated.
2 . Prior to recordation the plat should be signed and sealed
by the surveyor.
JH/co
CITy PEN
130 WA,‘,' ‘1,'L g x TTreet
aspei . y rl r 81611
'343-92S-2020
x-2020
MEMORANDUM
DATE: March 8 , 1982
TO: Alan Richman
FROM: Gary Es
RE: Golf Course Subdivision -- Final Plat
Only two issues have come to my attention in this matter. The
first concerns the stream, irrigation ditch and irrigation culvert
that rui along the southerly boundary of Lot 2. I advised engi-
neering to include the ditch as a ditch easement because, although
the easement is not specifically provided for in the City/Red Roof
lease-option agreement, the agreement does provide that the City
will comply with all applicable subdivision regulations and Sec-
tions 20- 12(g) and 20-17 (b) ( 5) require the inclusion of the
easement on the plat.
The second concerns the telephone and underground telephone line
that the lessee of Lot 2 is permitted to have on the Golf Course
Property (City/Red Roof agreement , Section 27 (B) , page 27 ) . I
suppose that use could constitute an easement to be included on
the plat . Since, however, at this point a location for the use
would be difficult to determine and the holder of the use is a
mere lessee, I 'm sure we can get by with deeming the use a
license. If the lessee does exercise his option, he might then
demand such an easement along the then-established path .
GSE:mc
•
CITY OF ASS EN
130 SOUTH GALENA STREET ASPEN, COLORADO 81611
MESSAGE 1 REPLY
TO (-444 4i1 /0 6/f/`79/"J -1 DATE
DATE / / g-2-. ��-� � --
/4/L//' /��� ` " 7 ./(-//57
BY ° _y -� SIGNED
Since its inception in _ 49, the Thrift Shop has donates almost $400,000.00 to local
organizations. During the past three years, the Thrift Shop has donated $57.646.46 to the
following groups:
American Field Service Council on Aging
Aspen High School Speech and Debate Team Girl Scouts
Aspen Junior Hockey Club Hallam Lake Environmental Studies
Aspen Nordic Team Historical Society
Aspen Police Department (bicycles) Library
Aspen Recreation (Baseball Coach salaries) Memorials
Aspen Ski Club Music Associates of Aspen
Aspen Valley Hospital Pilgrim and American Theater
Ballet West Rocky Mountain Cinematography Film
BOLD School Scholarships
Camp School for the Deaf Visual Arts School Show
Community Care Center Young Life
Community Church(window repair) Youth Care Program
Community Health Services
I
THE
THRIFT
SHOP
The Thrift Shop Building Fund
November, 1982
Dear Friend;
One of Aspen's oldest and most beloved institutions is now without a home. We are
presently in the process of moving for the third time this year; but we are full of optimism
knowing that a permanent facility is under way.
Our new building will be constructed adjacent to the Fire Station at an estimated cost
of $100,000.00. We hope to open our doors there by March, 1983.
The Thrift Shop has established a tradition of giving—not seeking.Yet now we need
your assistance if we are to continue our service. We are asking you to help us on a
one-time-only basis so that we may continue to function as an integral part of the
community. Or goal is to raise $1,000.00 each from fifty individuals or businesses. The
names of these "benefactors" will be permanently inscribed over the door of our new
home. This sum, plus smaller donations from the community at large, added to monies
we have saved, will enable us to meet our financial obligations.
We are enclosing a list of the Thrift Shop donations which have been allocated over
the past three years. We think it is a pretty impressive list and should demonstrate a
reasonable incentive for getting the Thrift Shop built and operating as soon as possible.
We feel that the Thrift Shop is a unique and valuable community resource;we hope
that you do too!
Sincerely,
The Thrift Shop Volunteers
."'-
._.`rte.,.- 7 0.''...-
ms`` -.-i--;3/4`,1 ,---: -,--
* a,. v
,dam 5 = `.� - 11 .\\; ;, / R7
--J�,- ' >"- :, ` -- . . �� �1�� �
'7 1i pi"."' a E' e % it r�%' 1;
i
'_i-1 =xce. h
I::L b
! I;' ei 0 11✓
,�
— ac - !� // /�! 1r1� . __ N s�
L_` 4i . i , .
J� e'•ryl
..,` : ce
i-- �� --
Box 2412 • Aspen, Colorado 81612
I
ALTA Owner's Policy—Form B—Amended 10-7'
. �. . _ _ _
lot i
*o�poi o's :►'s1. =pt .*�•?==pit!C►l.C! Cs ?.t ►ript of r ! �+sNt cu Ics,I"s�t rp *,,
i
C. POLICY OF TITLE INSURANCE ISSUED BY .`
0J G$ (ab)
4 : �
tt, cl ))
(a ;; STEWART TITLE ((e ;)
) GUARANTY COMPANY ((1t
(i )
(i,,T.i
)w .a) ((g!,
� , SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND 'Y'�1
(� THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, STEWART TITLE GUARANTY ( ��
:» COMPANY, a corporation of Galveston, Texas, herein called the Company, insures, as of Date of Policy shown in ((I e�)
��) Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' ((I V4
-i' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by the insured by (I'�,,',
%. 4'
reason of: I V
$;
(14 ) 1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein; (( ))
,l)) 2. Any defect in or lien or encumbrance on such title;or ( )
((( J) 3. Lack of a right of access to and from the land. V`)-
�,, )
((1
V" 4. Unmarketability of such title ))
0:�1�
0:44 IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused this policy to be signed and sealed by its ¢").
((° ' duly authorized officers as of Date of Policy shown in Schedule A. '')))
I ') (, )V( ) ( „
(I�h' STEWART TITLE V
GUARANTY COMPANY '
oil \I(a Countersigned: ` gRPUR9 ....4:-,..' I )
(1.6;!) ,,'`.. —fir— �v-4
a�
(l ))) `r.. 1*0$ ...Q Chairman 0„6':0.
_ lEdXP t
A
+� �
rFlNn�
,Y; Authorized Countersignature President l,,';',1$
„,.
(� Vii)) k .))
�(I6/�3 n:(lit^„)
V, :) /,.V'. ;)l.
C:',:$ SCHEDULE OF EXCLUSIONS FROM COVERAGE
((, ,, The following matters are expressly excluded from the coverage of this policy: 0;‘,,,li•I ►�
, . ,,)
((I,y, 1), 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or ((1, J))'
•0``'1' prohibiting the occupancy,use or enjoyment of the land,or regulating the character,dimensions or location of any improvement now or ''
t,1t,{�,,':)) 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 ( ))
Y: of any violation of any such law,ordinance or governmental regulation. ly�'”)
Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public
$: :(0))) 2. records of Date of Policy. (la
4$ (
3. Defects,liens,encumbrances,adverse claims,or other matters(a)created,suffered,assumed or agreed to by the insured claimant, (b) not
':
' ))) known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date ? ,
044 such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company (x,,,40)
)
)) prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (dV )
I)) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured (I a)))
. claimant had paid value for the estate or interest insured by this policy. il,'(
r*Iii 'Art)
PI �"' �'r" � '
a R � Policy cy Serial No. O 2 3 4 0 ? !.) _, Jj
sm.jo abed lsei uo papniauoa pue panu!a.uo:.,
•Auedwo0 ay} Aq paz!Joylne pue luew!ep pue 'paansu! se lsaaalu! ao alelse ay1 o} awl ay1 o1 asaanpe
paansu!oy1 Aq '1uewAed to aapual ao 1uawAed vans }o aw!1 s! ya!gM lsaaalu! ao app. }o w!ela Aue }o aapunaJay paansu!
aLi1 01 do paaanau! sasuadxa pue saa} ,sAauaolle 'slsoo Aue ue o1 awo3 Ileys a6palMOU)1 asea u! (!!) 'anoge (e) u! Li1ao}
LiJAM aagTa6o1 Aa!lod s!y1 aapun aaueansui }o lunowe ay} }o les se un6aq s! 6u!paaaoad AO uog3e Aue asea Li! (!) 6u!JuM
1uawAed 6uuapual a0 6u!Aed Aq aapunaaag Auedwo3 aqf }o u! Ajldwoad Auedwo3 ey1 A}llou 112Lis paansu! aLil (q)
suo!Je6!Igo pue AJII!geil Ile aleu!waal 01 JO 1su!e6e paansu! •Aaiiod s!.1 Aq 1su!e6e paansu! Jouew aaL10
w!210 Aue Juew!el3 paansu! ue }o aweu ay1 u! AO ao} aluas AO 'aaueagwnaue 'uail '13a}ap pa6alle ue uodn papuno}
es!Maaylo AO Aed o} uo!1do ay}aney Reis Auedwo3 au_ s! uoi1e6!1!I yaps 12Li1 1ua1x0 ay1 OJ paansu! yaps 1sule6e
SWIV13 paauawwoa sbu!paaaoad AO suo!lae }o 6u!1s!suoa uoile6!f!I
31113S 3SIMH3H10 !J0 AVd 01 SNOIldO 5 Ile u! paansu! ue }o asua}ap aLp. Jo} ap!noad Reis 'Aepap
•a6ewep JO SSOI yans o}se Ao!Iod s!y1 aapun anpun lnoyl!M pue 1603 unno s1! 1e 'Auedwo3 eLl (e)
Auedwo0 ay1 jo AJ!i!ge!I Aue aleu!waal (legs abewep AO ssol 1NVWI` 13
}o Juawalels yans ys!uan} 01 aanl!ed •pays!uan} uaaq aney 03Hf1SNI NV A8 N3AI9 38 01 WIV13 3O 33110N
'legs 1uaw01eis yans aa1}e sAep 0E pun luew!epa paansu! ue — SNOI13V 3O NOI1f133S0Hd aNy 3SN333a E
01 anJDae !legs uo!1ae}0 1y6u ou pue pau!waalap uaaq aney
!leis a6ewep JO ssol yans aa1}2 sAep 06 u!g1!M Auedwo3 eq1 •paansu!
01 pays!uan} aq Ilegs Aal1Od s!y1 aapun 01ge!1 s! Auedwoo yans O1 uan!6 abe6laow Aauow asegaand e Aq paanaas
aq1 paw!elo s! 1! g3!LM ao} abewep a0 ssol Aue 10 6u11uM ssaupalgapu!aLi1 a0 lsaaalu! a0 elelsa pies aayl!e }o paansu!
ui Juawalels e 'suoilelnd!JS pue suo!1!pu03 asayl }o (q)E yans woa} aaseiaand Aue }0 crone} u! a3ao} u! anu!woo
ydea6eaed aapun paa!nbaa saa!1ou ay1 0f uo!J!ppe u1 1ou 11egs Aallod s!i1 'aanannoy 'pap!noad :lsaaaw! AO wise
N011�b' 30 N011t/11WI1 —SSOI 30 33110N ti yans }0 aaueAanuoo JO aa}sueal Aue u! paansu! yans Aq
apew Alueaa2M}o sfueuano3}o uoseaa Aq A1!I!ge!I aney 'legs
•paaanaw paansu! yans se 6uo1 os AO 'paansu! yans woa}aaseyaand e Aq
os asuadxa Aue ao} paansu! yans asangw!aa pegs Auedwo3 uan!6 a6e61aow Aauow asegaand e Aq pampas ssaupalgapu!
ay1 pue '6u!paaaoad ao uogae Lions bu!pua}ap AO 6u!lnaa ue smog a0 'puel 0y1 u! lsaaalu! AO alelsa ue su!elaa
-soad AO 'sassau!M 6u!u!efgo 'aauap!na 6u!anaas 'luawaluas paansu! Lions se 6uol os paansu! ue}o crone}u! A3!Iod}0 0120
6u!1aa}}a u! '6u!paaaoad AO uo!1o2 Lions Aue u! p!e algeuoseaa }o se aaao} u! anu!luoo !legs Aa!Iod sigl jo abeaanoa 0y1
lie Auedwoj ay1 an!6 !legs paansu! Lions 'Auedwo3 aq1 Aq 31111 30 33NVA3A
palsanbaa aanauagm •asodand yans ao} paansu! yans}o aweu
-NO3 8313d 33Nt/li11SNl 30 NOI1`df1NI1NO3 Z
ay1 'uo!ldo s1! 1e 'asn o1 Auedwo0 ay1 1!waad pue 'u!aaag1
sieadde Ile pue '6ulpaaaoad ao uo!Jae Lions u! asua}ap
ap!noad AO alnaasoad os o1 Jy6u ail Auedwo0 ay1 01 Pue1 pies o1 6u!lelaa saallew }o ea!1ou an!13nalsuoa laedw!
aanaas 'legs aapunaaay paansu! @L il
T'6u!paaaoad JO uoae Aue me! Aq ya!yM spaooaa asoyl :,,spaooaa a!Ignd„ (1.)
asua}ap ail a0} ap!noad AO alnaasoad o1 Auedwo0 ay1 •Juawnalsu! Al!anaas aaylo
saa!nbaa ao s1!waad Aollod s!yl aaayM sasea Ile u I (a) JO 'paap lsnal 'lsnal}o paap 'a6e61aoui :,,a6e61aow„ (a)
•Japa0 •Ao!lod s!y1 Aq paansu!
JO waw6pnf°slanpe Aue woa} leadde 01 'uo!laaas!p alos 51! s! pue! ay1 w°a} pue o1 ssaaae }0 1Li6!a 2 ya!gM 01 lualxa
u! '1461.1 ay1 sanaasaa Alssaadxa pue uo!1a!psunf lualadwoa 0111 1!w!! JO A}!pow Ileys u!aaay 6u!ylou lnq 'sAeMaaleM
}0 1anOa e Aq uo!1eulwJelap Ieu!} 01 uo!1e6!1!I Lions JO sAeM 'sauel 'sAelle 'sanuane 'speoJ 'soaps bu!unge u!
Aue ansand Aew Auedwo3 ayl 'Aailod s!y1 }0 suo!s!noad ay1 Juawasea JO alelse 'Jsaaalu! 'al1!1 '1y6!a Aue aou 'd alnpayas
Aq pau!waad JO paa!nbaa se asua}ap e pasodaalui AO uoilae u! 01 paaaa}aa JO paq!aasap Allea!}iaads eaae ay1 }o sau!I
Aue 1y6noaq aney Ileys Auedwo0 ay1 aanauaLiM (p) ay1 puoAaq Alaadoad Aue apnpu! Jou saop „pue!„ waal 0111
Ao!Iod s!y1
40 uo!s!noad Aue an!eM JO Alll!ge1l apeauoa 'JOnaMOq 'pap!noad 'AJaadoad lean alnlilsuoa noel Aq ya!LiM
AgaaayJ Jou 112ys pue 'aapunaaayl one!! aq Ileys 1! Jou AO
olaaayl pax!}}e sluawanoadwi pue ' ' alnpayas ul aouaaa}aa
aayla1M 'Aa!lod s!y1 }0 swaal aql aapun uo!J3e ale!adoadde Aq AO All2a!}!cads 'paq!aosap puel ayl :,,puel„ (p)
Aue ai1el Aew Auedwo0 ay1 pue 'paansu! se lsaaalu! •spaoaaa a!Ignd Aue}o uoseaa Aq
JO alelsa ail 01 01111 ay1 Lis!Igelsa o1 algeaisap ao Aaessa3au paansu! ue of palndw! aq Aew yaiynn aajlou a0 a6palroul
aq Aew uo!uido sl! u! LiolLiM Joe aagio Aue op ao 6u!paaaoad an!13naTsuo3 Jou 'a6palnnou)i lenlae :,,a6paIMOU)1„ (a)
JO uoilae Aue alnaasoad Aelap anpun lnoyl!nn pue aln111su! •aapunaaay a6ewep
01 isoa unno sit Je 1g6la oq1 aney (legs Auedwo0 eql (a) AO ssol 6u!w!ep paansu! ue :,,luew!ep paansu!„ (q)
•aalpnfaad •saossaaans Aaeianpi}AO aleaodaoa JO 'LAIN 40
yans }o luaJXa 0111 of AIuO uayl pue aanl!e} yans Aq lxau 'sanileluasaadaa leuosaad 'sioninans 'saasinap 'saaingial
paa!pnfaad aq pegs Auedwo3 0111 ssalun Aa!lod s!111 aapun -sip 'salay '01 palm!' Jou 1nq '6u!pnpui aseyaand woa}
paansu! Lions Aue }o siy6!a 0111 aa!pnfaad asea ou u! !legs paysin6uils!p se Mel }o uo!leaado Aq paansu! Lions}0 lsaaalui
A}ITOU o1 aanl!el 1ey1 'aanaMOq 'pap!no.1d 'paa!nbaa s! aa!lou 0111 01 paaaans own as0y1 'paansui paweu ay1 lsu!ebe peg
ldwoad Lions ya!gM Jo} saallew JO aau2w ay1 01 pae6aa aney Aew Auedwo3 ay1 sasua}ap jo sly61a Aue 01 laafgns
ul aleu!waal pue aseaa !legs Auedwo0 ay1 }o Al!I!ge!I Ile 'pue 'v alnpayas u! paweu paansu! 0y1 :,,paansui„ (e)
paansu! Lions 01 se uayl 'Auedwo3 ay1 01 uan!6 ag Jou !legs
eailou ldwoad yans}I Aollod slyl}o anla!n Aq am!! eq Aew :ueaw Aa!lod s!Li1 u! pasn uaLM swaal 6u!M011o}0111
Auedwo3 0111 ga!gM a0} abewep a0 ssol asnea 1y61w yo!gM SWa31 3O NOIIINI330 L
SNOIlVlfldllS aNV SNOI1IaNO3
ALTA OWNER'S POLICY—Amen .0/17/70
SCHEDULE A
Order No.: 8240 Policy No.: 0 234076
Date of Policy: SEPTEMBER 6, 1978 AT 8:00 A.M. Amount of Insurance: $ 200,000.00
1. Name of Insured: THE CITY OF ASPEN, A COLORADO MUNICIPAL CORPORATION
2. The estate or interest in the land described herein and which is covered by this policy is:
IN FEE SIMPLE
3. The estate or interest referred to herein is at Date of Policy vested in:
THE CITY OF ASPEN, A COLORADO MUNICPAL CORPORATION
4. The land referred to in this policy is described as follows:
Lots 12 and 13,
WEST ASPEN SUBDIVISION, Filing No. 2,
CITY AND TOWNSITE OF ASPEN,
County of Pitkin, State of Colorado.
Page2 STEWART TITLE
GUARANTY COMPANY
ALTA OWNER'S POLICY—Modifier' ''/73
SCHEDULE B
Order No. 8240 Policy No.: 0 234076
This policy does not insure against loss or damage by reason of the following:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a
correct survey and inspection of the premises would disclose and which are not shown by the
public records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed
by law and not shown by the public records.
5.Any and all unpaid taxes and assessments and any and all tax sales which have
not been properly redeemed or cancelled.
6.Right of a proprietor of a vein or lode to extract and remove his ore should
the same be found to penetrate or intersect subject property, as reserved by
patent of record.
7.Easements for utilities 10 feet in width along the Southerly and Northerly
lines of subject property and 5 feet in width along the Easterly and Westerly
lines of subject property, as shown on the recorded plat of said subdivision.
8.Restrictions, which do not contain a forfeiture or reverter clause, but omitting
restrictions, if any, based on race, color, religion, or national origin as
contained in instrument recorded September 4, 1968 in Book 236 at page 159.
9.Terms, conditions, and obligations of the Articles of Incorporation of West
Aspen Home Owners Association recorded March 6, 1968 in Book 233 at page 496.
l0.Any tax, assessment, fees or charges by reason of the inclusion of subject
property in Aspen Metropolitan Sanitation District, Aspen Fire Protection District,
The City of Aspen, and The Aspen Valley Hospital District.
11.Easement granted to the Aspen Metropolitan Sanitation District in Bargain and
Sale Deed recorded January 10, 1972 in Book 260 at page 614.
12.Deed of Trust from Westbank Development Company, Inc. , to the Public Trustee
of Pitkin County for the use of The West Aspen Company to secure $180,000.00
dated October 31, 1968, recorded November 6, 1968 in Book 237 at page 235.
(Affects Lot 13)
STEWART TITLE
Page 3 GUARANTY COMPANY
1613
•
CONDITIONS AND STIPULATIONS Continth r
(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 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 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 Com- act shall not void this policy, but the Company, in that
event, shall be required to pay only that part of any losses
pany. 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 77001.
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. 4'I'E`VAt R 71"1`I T I.E
GUARANTY COMPANY
,
#,,,:'
0t1 d
4
04 %� < G) z m G lqt,:)., fr :o R O z cf)Cn N O -I a
"V CO( D = .07
��"�A; m OmDz D oy �a��
czzD rn -I m p ' ;:
(i„�•;i) „< ct - m m0 o ro y i• t.
R�i.
a��` = D r o a)t ) .,,03
co ;:.!....1.;41;,4,',
), 1
`'G-</ :■rr.fa+i∎'W s SS f^,Y��.lti∎∎ ip�W{∎∎6VQi∎■rri titi �. �►srwi !'r sti Srti 51-/��
!C'J/ ` ,Ci e!t�'r'*!i:i-.: ..i s„” r„'i s,."�i'.�►=.."i_C==9.E i!.."►=.."4. .'ti r..►r.i�:►s;:s ±M�s sY! �."s**=,�."4
— ' Aff#
or,,` t'4
p 0
All'
.,
' 0
.
to p > \l
ro
4�;' o MCI (..,'„',1$
0. �� 2 x
c.,.4,..., ;;::',4'.'. ,
t--i '4=4*.=7!=1*iir!•i*♦�s ue=4*=*=c4:!Cs 'c =I*=ns='!$;=.s=."!rri=4$!="!=s=I*..c. =4*=.■=4*=4*=4*=et�.q
�- :-sr . ` �- ` -`�, -� - `. ` = zOil
_---
J
e so
•Yy I;
if
: Z. 0, :1)
,, Z ,
Z m OT. F), 4
*4.4 �p�A!)a
(. .cs e�.yes ... • er.�..'.1�.•es ti" 5". .}�sL.r.ice .' .. {.rr..a.}s�.}04. r'.a