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HILLHOUSE CONDOMINIUM
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MEMORANDUM
TO: Aspen City Council
FROM: Alice Davis, Planning Office
RE: Hill House Condominium Subdivision Exception - Lot Split
DATE: March 1, 1982
Location: 707 Gibson Avenue
Zoning: R-15/PUD
Lot Size: 82,459 square feet
APPROVED AS TO FORM:
Applicant's
Request: The applicant is requesting a subdivision exception for a lot
split on a 82,459 square foot parcel of land pursuant to
Section 24-11.2(d) of the Code.
City Attorney: The City Attorney commented that the lot split should be
reviewed according to Section 24-11.2(d) of the Code.
Engineering
Department: The Engineering Department has noted several minor items that
are missing from the plat that should be added or changed before
the recording of the final plat. These items are discussed in
the attached memorandum from the Engineering Department and
include information regarding easement boundaries, reference
to the Hill House Condominium, the Certification of Ownership
and the Certificate of Dedication.
Planning Office
Review: The request for a lot split should be reviewed according to
Section 24-11.2(d) of the Code which allows a lot split as an
exception from GMP procedures. Section 24-11.2(d) allows a
lot split provided that:
1. The tract of land which is being divided has a pre-
existing dwelling, and
2. No more than two lots are created.
The Planning Office review shows that there is an existing
duplex on the tract of land being divided which will be located
on a 43,211 square foot lot after the lot split occurs (Lot 1).
The newly created lot will be a 47,829 square foot lot and
can only be developed with a single-family residence (Lot 2).
The subject property is in a mandatory PUD overlay district and
is subject to the requirements of Section 24-8.13 of the Code,
entitled "Mandatory PUD". The City Council can, however, deter-
mine that the proposed lot split meets the objectives of a
planned unit development, and allow an exception from mandatory
PUD.
The Planning Office has evaluated this lot split according to
the requirements of mandatory PUD, Section 24-8.13. After the
slope reduction formula is applied to the subject parcels, the
lot sizes are 31,239 square feet (Lot 1) and 39,622 square
feet (Lot 2), both conforming lots in the R-30 zone district,
therefore slope is not an issue. It should be noted that the
construction of a single family residence is exempt from
mandatory PUD requirements. The proposed lot split creates one
new lot which can only be used for the construction of a single-
family residence.
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Memo: Hill House Condominium Subdivision Exception - Lot Split
Page Two
March 1, 1982
Planning Office
and P&Z
Recommendation: The Planning and Zoning Commission and the Planning Office
recommend the approval of the Hill House Condominium Lot Split.
Approval is subject to the condition that all additions and
changes that have been recommended by the Engineering Depart-
ment be made. Approval to exempt this lot split from mandatory
PUD requirements is also recommended since only a single
family structure can be developed as a result of the lot split.
Council
Action: If Council agrees with the P & Z and Planning Office recommenda-
tion the appropriate motion is as follows:
"I move to grant approval of the Hill House Condominium Lot
Split. Approval is subject to the condition that the
changes involving easement boundaries, reference to the
Hill House Condominium, the Certification of Ownership
and the Certificate of Dedication which have been
recommended by the Engineering Department be made by the
applicant and approved by Engineering prior to final
recordation."
E
MEMORANDUM
TO: Alice Davis, Planning Office
FROM: Louis Buettner, Engineering Departmen
DATE: February 9, 1982
RE: Hill House Condominium Lot Spilt
After reviewing the above application plat and making field
inspections, the Engineering Department has the following
comments:
1. The LauLainen Subdivision exception for a lot line
adjustment should be reviewed at the same time as this
application.
2. This is the 4th application involving this property.
a. Pardee's development, a lot line adjustment,
Council Minutes 3/15/77.
b. Wedum/Pardee, Hill House Condominium Council
Minutes 6/26/78.
C. LauLainen Subdivision exception for lot line
change. This is before the Planning and Zoning Commission
now.
d. This application is for a lot spilt.
The following information is missing and needs to be shown on
the plat for consideration of this application:
, 1. The property slope areas (zones) are needed as the
property is subject to slope reduction.
2. The Spring Street Easement is not shown. This easement
was recorded on the Hill House Condominium Plat.
3. The Gibson Avenue right-of-way was dedicated on the
Hill House Condominium Plat. This right-of-way has been added
to both lots in error. The right-of-way being dedicated is
no longer part of the property. The areas of the lots should be:
Lot 1, 0.843 acres +
Lot 2, 1.05 acres +
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February 9, 1982
Page 2
Hill House Condominium Lot Spilt
4. The public utility easement that traverses Lot 2
(North -South) as shown needs described, and continued across
the added LauLainen's property. The easement needs to be extended
Southerly for the 5.9 feet.
5. The building site is required to be shown per the
zoning (PUD).
6. The floodplain limits needs to be shown.
7. Adjoining subdivision lot line needs to be shown, as
dotted lines. The unplatted property adjoining should be marked
as such. Property owner should be shown for all adjoining
property.
8. Reference to Hill House Condominium should be made in
the written description. The Hill House Condominium is a recorded
subdivision and part of this new subdivision.
9. Description of any survey monument found or set should be
on the plat.
10. The Certificate of Ownership should comply with Section
20-15 M of the Aspen Municipal Code.
11. The applicant's Certificate of Dedication should comply
with Section 20-15 (e) of the Asepn Municipal Code.
12. The City approval and acceptance should comply with
Section 20-15 (1) of the Aspen Municipal Code.
13. The ties to the existing building are not sufficient
to locate the building.
14. The LauLainen application for his lot line adjustment,
shows a access easement across the Easterly portion of Lot 2.
15. This plat shows the LauLainen lot line adjustment as
being approved. This may or may not require correction. If
the lot line adjustment is approved, no correction will be required.
16. The Northerly boundary of each lot will need described.
This Northerly boundary is the South right-of-way boundary of
dedicated Gibson Avenue.
LB/co
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Alice Davis, Planning Office
RE: Hill House Condominium Subdivision Exception - Lot Split
DATE: February 10, 1982
Location: 707 Gibson Avenue
Zoning: R-15 - PUD
Lot Size: 82,459 square feet
Applicant's
Request: The applicant is requesting a subdivision exception for a lot
split on a 82,459 square foot parcel of land pursuant to Section
24-11.2(d) of the Code.
City Attorney: The City Attorney commented that the lot split should be
reviewed according to Section 24-11.2(d) of the Code.
Engineering
Department: The Engineering Department has noted several items that are
missing from the plat that should be added or changed before
final plat approval. These items are discussed in the attached
memorandum from the Engineering Department and include infor-
mation regarding three unindentified easements, adjoining
subdivision lot lines, lot sizes, the building site, survey
monuments, the Certification of Ownership and the Certificate
of Dedication. Also information regarding the slope of the
property and the location of the floodplain needs to be
provided as part of mandatory PUD requirements.
Planning Office
Review: The request for a lot split should be reviewed according to
Section 24-11.2(d) of the Code which allows a lot split as an
exception from GMP procedures. Section 24-11.2(d) allows a
lot split provided that:
1. The tract of land which is being divided has a pre-existing
dwelling, and
2. No more than two lots are created.
The Planning Office review shows that there is an existing
duplex on the tract of land being divided which will be located
on a 43,211 square foot lot after the lot split occurs (Lot 1).
The newly created lot will be a 47,829 square foot lot and can
only be developed with a single-family residence (Lot 2).
The subject property is in a mandatory PUD overlay district and
is subject to the requirements of Section 24-8.13 of the Code,
entitled "Mandatory PUD". The Planning and Zoning Commission
can, however, determine that the proposed lot split meets the
objectives of a planned unit development, and allow an exception
from mandatory PUD.
The Planning Office has evaluated this lot split according to
the requirements of mandatory PUD, Section 24-8.13. After the
slope reduction formula is applied to the subject parcels, the
lot sizes are 31,239 square feet (Lot 1) and 39,622 square
feet (Lot 2), both conforming lots in the R-30 zone district,
therefore slope is not an issue. It should be noted that the
construction of a single family residence is exempt from manda-
tory PUD requirements. The proposed lot split creates one
new lot which can only be used for the construction of a single-
family residence.
•
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Memo: Hill House Condominium Subdivision Exception - Lot Split
Page Two
February 10, 1982
Planning Office
Recommendation: The Planning Office recommends that the Planning and Zoning
Commission recommend to City Council the approval of the Hill
House Condominium Lot Split. Approval is subject to the condi-
tion that all additions and changes that have been recommended
by the Engineering Department be made by the applicant and
approved by the Engineering Department prior to review by City
Council. The Planning Office also recommends approval to exempt
this lot split from mandory PUD requirements since only a single
family structure can be developed as a result of the lot split.
Mr. Alan Richman December 22, 1981
City and County Planning Dept.
130 South Galena Street
Aspen, CO 81611
Dear Alan:
This is an application for a lot split for the
property owned by the Hill House Homeowners Association.
As you know section 24-11.2(d) of the Aspen Municipal
Code allows a lot split to be exempted from the Growth
Management Plan. In the instant case there is an exist-
ing duplex on the property, a single family home will be
constructed on the new lot. The attached statement from
Jim Reser of Alpine Surveys indicates that each of the
resulting lots contains over 30,000 square feet after
deducting for slope reduction.
I have also attached title policy information
from Aspen Title and TransAmerica Title which indicate
that the property is owned in fee simple by the Hill
House Homeowners Association. I should point out that the
parcel marked "B" has always been a part of the Hill
House property, however, problems with the chain of title
prevented us from including it with the other property.
We have now cleared up the problem and have title insurance
from Aspen Title indicating that said parcel is owned in
fee simple by the Hill House Homeowners Association. The
survey included shows the boundries of the entire parcel
and the lots to be divided.
Should you have and questions please don't
hesitate to call me at 925-8737.
Sincer
. L�. Pardee
President
Hill House Homeowners Assoc.
Box 4153
Aspen, CO 81612
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Alpine Surveys
414 North Mill Street
Post Office Box 1730
Aspen, Colorado 81612
303 925 2688
February 9, 1982
k
City Hall
Alice Davis
Planning Office
130 S. Galena
Aspen, Colorado 81611
Dear Alice:
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�iw� 1 y ,�•u_. L
ASPEN / PFFKIN CO.
PLANNING OFFICE
After reviewing my topographic maps of Laulainen and
Hill House Condo's, I find that Laulainen is getting
land probably under 20% slope and is giving up land in
the 30 o to 40 o range.
Sincerely yours,
J a~h1� s Fr r Re e
JF R/ml
. • i
MEMORANDUM
TO: Alice Davis, Planning Office
FROM: Louis Buettner, Fngineering Departmen
DATE: 2/22/82
Re: Hill House Condominium Lot Spilt
(Revised Plat)
Having reviewed the revised plat for the above, the Engineering
Department finds the following has not been corrected.
1. The Spring Street easement has now been shown but no descri-
ption of the boundaries or centerline has been indicated.
2. The applicant's Certificate of Dedication and the
Certificate of Approval has not been corrected. The certificate
should read more like the following:
CERTIFICATE OF DEDICATION AND OWNERSHIP
The Hill House Condominium Association being the owner(s) of the
certain lands described hereon, located within the City of Aspen,
Pitkin County, Colorado, have by these presents laid out platted
and subdivided the same into lots as shown on this plat under the
name of Hill House Condominium lot spilt and do hereby dedicate and
re -dedicate to the public all rights -of -way and easements shown
hereon for public use.
Executed this day of ,19
Hill House Condominium Association
By: J.L. Pardee, President
There should be a Notary Public Certificate also for the Certificate
of Dedication and ownership signature.
CERTIFICATE OF APPROVAL BY THE CITY OF ASPEN
This acknowledges and evidences approval of the Application of
Declarant, Hill House Condominium Association, for exception from
the definition of subdivision by virtue of the action of the City
Council of the City of Aspen taken at a duly constituted meeting
held the day of 19
pursuant to the Aspen Municipal Code.
Page 2
2/22/82
Hill House Condominium Lot Spilt -(Revised Plat)
This also evidences the acceptance of the dedication and re-
dedication of rights -of -way and easements shown hereon to the
public use.
ATTEST:
City Clerk Mayor, City of Aspen
3. Reference to Hill House Condominium is inadequate, as it
does not make reference to the former platting of the property.
Replace the last 2 lines of the written property description with
a statement like:
"parts of Lots 1 and 2 shown hereon were formerly known as Hill
House Condominium and recorded in the Office of the Pitkin County
Clerk and Recorder in Plat Book 7 at Page 7."
BpdND/j/el IC S
iMAILGRAM SERVICE CENTER
MIDDLETOWN, VA. 22645
Ea U j _LFI l
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4-064441SO64 03/05/82 ICS IPMRNCZ CSP GLWB r /
71 45489548 MGM TDRN NEWPORT BEACH CA 165 03-05 0430P PST �/ g
CITY COUNCIL
CITY HALL GALENA ST
ASPEN CO 81611
RE PARDEE/WEDUM LOT APPROVAL APPLICATION -DUE TO MY UNAVAILABILITY TO
BE PRESENT AT THIS HEARING NOW SCHEDULED FOR 3/8/82 I PROPOSE THAT
THIS MATTER BE TABLED UNTIL MY RETURN TO ASPEN ON THE BASIS THAT MR
PARDEE BEING THE ORIGINAL DEVELOPER OF BOTH THE HILL HOUSE DUPLEX AND
MY HOUSE, IN OUR OPINION, HAS YET TO SOLVE AND CORRECT THE FOLLOWING
BASIC DEVELOPERS OBLIGATIONS:
1. RE-ROUTE AND PERHAPS UNDERGROUND THE EXISTING ANTIQUATED OVERHEAD
POWER/CABLE LINES INTO A PUBLIC R/W AREA, WHICH NOW CROSS -CROSS OVER
GLASS ROOFS AND EXISTING BUILDING WHICH MAY ALSO BE CODE VIOLATION.
2. REMOTE EXISTING SEWER LINES SERVING MY HOUSE RUNNING THROU3H HIS
PROPOSED BUILDING SITE INTO A PUBLICS R/W AREA AND/OR GRANT AN ACCESS
AND MAINTENANCE EASEMENT FOR SUCH. I PROPOSE THESE BE ADbED AS
CONDITIONS OF APPROVAL AND THE COST BE BORNE BY MR PARDEE.
YO UR S TR ULY
FRANK LAULAINEN, AIA 707 EAST GIBSON ASPEN CO 81612
2038 EST
MGMCOMP MGM
TO REPLY BY MAILGRAM, SEE REVERSE SIDE FOR WESTERN UNION'S TOLL - FRFE PHONE NUMBERS
Transamerica
Title Insurance Services
1
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CITY OF ASPEN PLANNING AND ZONING
Transamerica
Title Insurance Company
530 East Main Street
Box 2230
Aspen, Colorado 81611
(303) 925-1766
DECEMBER 24, 1981
TRANSAMERICA TITLE INSURANCE COMPANY A LISCENSED TITLE INSURANCE COMPANY
IN THE STATE OF COLORADO HEREBY CERTIFIES THAT THE HILL HOUSE CONDOMINIUM
ASSOCIATION IS THE OWNER IN FEE SIMPLE OF THE LAND SITUATED IN THE NE' SA
OF SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH P.M.MORE FULLY
DESCRIBED ON EXHIBIT "A" ATTACHED HERETO AND MADE A PART OF THIS CERTIFICATE
BY THIS REFERENCE,
TRANSAMERICA HAS EXAMINED THE RECORDS OF THE CLERK AND RECORDER OF PITKIN
COUNTY UP TO DECEMBER 20, 1981 AT 8:00 A.M.
TRANSAM ICA TITL SURANCE COMPANY
BY
AUTHOR D FICER
L
0
EXHIBIT "A"
P2rcel of land si tua -ed in the AES SIT of Section 7, Townshi
10 Sou"Uh, ?;2nde 8S ��est of the 6th Principal 1.Seri di$n, being
pore Tu11y described as f013OWs:
Be -inning at a point on the Southerly line of that certain t: a
known as the J_R: Williams Ranch whence the Hest i corner of s
Section 7 bears Nor tb 55-27' 55" Test 2, 369.32 feet; (Being the
J2;,e point: of beginning as the •point of beginning in that Bc-ec
in �oc:: 119 a; Page 22Q_) '
;:Est .3_47 feet along said Southerly
^hc=:ce Nc.rtn 150 .30' 00 =;ast 52.39 feet;
ThE.nce ;North 74o 30' 125.00 feet;
Thence South 150 30'00" Kest 85.49 fees;
Thence *:orth 890 20' 00" i-lest 87.22 feet;
Thence \or*.h 040 12' 54 " west 160.88 feet;
Tnence �vo=-th 190 15' 00 East 92. 00 feet;
Tlncnce North 430 45'00" East 40.88 feet; to a point on the centerline
Thence foalo;-i ng s:: id centerline 2b8. 56 feet along the arc of 2
c�:_: e -o ' --c r _ hat�inD a radius of 1,133.OD feet, the cbc-
~.Lich bcars South ?203 0'0B" ycst 208_26 feet;
T henca So -Li th 55` 5�3=' 26" East 33.10 feet; -
Thence Sout0 h 5a 03'29" _?st 83.49 feet;
Th`rce th U0000' 00" nest 101_61 fleet;
0
^hence :c_ th 59' 30' 00" lest 110:32 feet;
Thence South 15'00' 00" Kest 113.E feet to the point of
County of Pitkin, State of Colorado.
MEMORANDUM
YO: City Engineering Department
Paul Taddune, City Attorney
Herb Paddock, Building Inspector
FROM: Alice Davis, Planning Office
RE: Hill House Condominium Lot Split (.Subdivision Exception)
DATE: February 2, 1982
The Hill House Condominiums Lot Split Plat was revised to more accurately
reflect the true lot sizes. Attached is a copy of the new plat; please
review and return comments no later than Monday, February 8. This item
i.s on the agenda for City P & Z for February 16, 1982.
Thank You.
Aspen/Pitkin Planning Office
130 south galena street
aspen, Colorado 81611
MEMORA14DUM
TO: City Engineer
City Attorney
Building Inspector
FROM: Alice Davis
RE: Hill House Condominiums - Subdivision Exception (Lot Split)
DATE: December 29, 1981
This application by Hill House Condominiums, is for a lot split
to permit the construction of a new single-family residence.
The application is directly related to another you have recently
received, the Laulainen lot line adjustment. In the interest
of reviewing all the proposed changes on these properties at one
time, we have scheduled this item for the P & Z meeting on Jan-
uary 19, 1982. Please have your comments to me no later than
Wednesday, January 7, 1982.
Thank you for your assistance.
R
MEMORANDUM
TO: Alice Davis, Planning Office
FROM: Louis Buettner, Engineering Departmen
DATE: February 9, 1982
RE: Hill House Condominium Lot Spilt
After reviewing the above application plat and making field
inspections, the Engineering Department has the following
comments:
1. The LauLainen Subdivision exception for a lot line
adjustment should be reviewed at the same time as this
application.
2. This is the 4th application involving this property.
a. Pardee's development, a lot line adjustment,
Council Minutes 3/15/77.
b. Wedum/Pardee, Hill House Condominium Council
Minutes 6/26/78.
C. LauLainen Subdivision exception for lot line
change. This is before the Planning and Zoning Commission
now.
d. This application is for a lot spilt.
The following information is missing and needs to be shown on
the plat for consideration of this application:
1. The property slope areas (zones) are needed as the
property is subject to slope reduction.
MEMORANDUM
TO: Alice Davis, Planning Department
FROM: Louis Buettner, Engineering Departmen
DATE: January 7, 1982
RE: Hill House Condominiums, Lot Split
After reviewing the above application and having a talk
with Mr. Pardee (applicant) it was decided that a new plat
would be submitted.
The Engineering Department will withhold its comments until
the new application material is submitted.
LB/co
a:b
CITY OF ASPEN
130 south galena street
aspen, colorado 81611
303-925 -2020
FF7B t 1982
r�
ASPEN i !N Co.
`N t'Y.F.I'bf UNG OFF"
MEMORANDUM
DATE: February 5, 1982
TO: Alice Davis
FROM: Gary Esar�
RE: Hill House Condominium Lot Split (Subdivision
Exception)
This office submitted comments on this application (and
the related Laulainen Subdivision) in memos dated
January 18, 1981- The revision of the plat does not
appear to require any revision of those comments.
GSE:mc
CITY OF ASPEN
130 south galena street
aspen, Colorado 81611
303-925 -2020
MEMORANDUM
DATE: January 18, 1982
TO: Alice Davis
�1 \
FROM: Paul Taddune
RE: Hill House Condominiums - Subdivision Exception (Lot Split)
Procedurally, I see no problem with excepting a lot split applica-
tion from the full subdivision process. Keep in mind, however,
that the subdivision must receive final approval by the City Coun-
cil. Pursuant to Section 24-11.2, the construction of one single
family residence on the subdivided lot is excepted from GMP pro-
vided that:
1. The tract of land which is being divided has a pre-existing
dwelling, and
2. No more than two lots are created by the subdivision.
PJ T : iiic
TITLE INSURANCE Company of Dallas
Adk
Commitment
for Title Insurance
BET/sw
USLIFE Title Insurance Company of Dallas, herein called the Company, for valuable consideration, hereby commits to issue its policy or policies
of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or
interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to
the provisions of Schedules A and B and to the Conditions and Stipulations hereof.
This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have
been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease
and terminate six (6) months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs,
provided that the failure to issue such policy or policies is not the fault of the Company. This Commitment shall not be valid or binding until
countersigned by an authorized officer or agent.
Schedule A
1 . Effective date December 14, 1981 at
2. Policy or policies to be issued: 8 • 00 AM
A- ALTA Owner's Policy Proposed Insured
THE HILL HOUSE
HOMEOWNERS ASSOCIATION
B. ALTA Loan Policy Proposed Insured
C.
ASPEN TITLE COMPANY, LTD.
Case No __ A81-399 Inquiries directed to 925-4444
Amoum s 50, 000.00
Tax Certificate
Amount $__ _ —
Amount $__
Premium $ 217.00
5.00
Premium $__
Premium $
3. The estate or interest in the land described or referred to in this commitment and covered herein is fee simple and title thereto is
at the effective date hereof vested in:
THE HILL HOUSE HOMEOWNERS ASSOCIATION
4. The land referred to in this commitment is described as follows.
PLEASE SEE EXHIBIT "A" ATTACHED TO AND MADE A PART HEREOF
Schedule B—Section 1 Requirements
The following are the requirements to be complied with:
Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured.
Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to -wit:
NONE
(OVER)
Formerly DALLAS TITLE AND GUARANTY COMPANY FORM 105 (CO) 5M680H
Schedule B—Section 2 Exceptions Street Address of Property
The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the
Company:
1 . Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of
the premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the
public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent
to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage
thereon covered by this Commitment.
Exceptions numbered —0— are hereby omitted.
6. Taxes due and payable: any unpaid taxes and assessments and any and all tax
sales which have not been properly redeemed or cancelled.
7. Reservations and exceptions as contained in United States Patent recorded
December 24, 1902 in Book 55 at Page 116 as follows: 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 hereby granted.
8. Right of way for the flow of the Roaring Fork River and Flood Plain Plan.
Conditions and Stipulations
The term ''mortgage,'' when used herein, shall include deed of trust, trust deed, or other security instrument.
2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting
the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to
disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from
any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured
shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance,
adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment
shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the
definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking
in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create
the estate of interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule
A for the policy or policies committed for and such liability is subject to the insuring provisions, exclusion from coverage, and the Conditions
and Stipulations of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference
and are made a part of this Commitment except as expressly modified herein.
4. Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or
interest or the lien of the insured mortgage covered hereby or any action asserting such claim, shall be restricted to the provisions and
conditions and stipulations of this commitment.
IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to become valid when countersigned by
an authorized officer or agent of the Company, all in accordance with its By -Laws. This Commitment is effective as of the date shown
i in Schedule A as ''Effective Date."
SEAL : USLIFE Title Insurance Company of Dallas
President& Chief Executive OfficerA/16CY/1k wxzlpa_-�
Attest Executive Vice -President, Secretary and Treasurer
Author6zed Signature
ASPEN TITLE COMPANY, D.
•
EXHIBIT "A" ATTACHED TO AND MADE A PART OF COMMITMENT #A81-399
LEGAL DESCRIPTION
A tract of land situated in the Northeast Z of the Southwest
of Section 7, Township 10 South, Range 84 West of the 6th P.M.,
Pitkin County, Colorado, being more fully described as follows:
BEGINNING at the most Southwesterly corner of that parcel des-
cribed in Book 370 at Page 886, Pitkin County Records;
Thence following the Westerly and Northerly lines of said parcel
the following courses and distances:
N 390 48' 00" W. 85.70 feet,
N 370 49' 00" W. 43.34 feet,
N 170 20' 00" W. 48.35 feet,
N 100 27' 30" E. 42.16 feet,
N 120 33' 00" 14. 27.94 feet,
N 780 23' 00" W. 41.58 feet,
N 000 16' 00" W. 25.24 feet,
S 660 35' 14" E.224.22 feet to a point;
Thence S 190 15' 00" W. 169.11 feet to a point on the South line
of said parcel;
Thence N 89' 20' 00" W. 14.90 feet to the point of BEGINNING.
Pitkin County, Colorado
Transamerica
Title Insurance Services
777 FFF
CITY OF ASPEN PLANNING AND ZONING
Transamerica
Title Insurance Compano
530 East Main Street
Box 2230
Aspen, Colorado 81611
(303) 925-1766
DECEMBER 24, 1981
TRANSAMERICA TITLE INSURANCE COMPANY A LISCENSED TITLE INSURANCE COMPANY
IN THE STATE OF COLORADO HEREBY CERTIFIES THAT THE HILL HOUSE CONDOMINIUM
ASSOCIATION IS THE OWNER IN FEE SIMPLE OF THE LAND SITUATED IN THE NE�f SA
OF SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH P.M.MORE FULLY
DESCRIBED ON EXHIBIT "A" ATTACHED HERETO AND MADE A PART OF THIS CERTIFICATE
BY THIS REFERENCE.
TRANSAMERICA HAS EXAMINED THE RECORDS OF THE CLERK AND RECORDER OF PITKIN
COUNTY UP TO DECEMBER 20, 1981 AT 8:00 A.M.
TRANSAM ICA TITL =URANCE COMPANY
BY
AUTHOR D FICER
M
0 •
EXHIBIT "A"
A Parcel of land sit- u a Ifi-ed in the TES SITJ of Section 7� Townshi
30 SouUh? range `S nest of the 6th Principal ?•SeridianI being
more fully described as fo11 ovs:
Beginning at a point on the Southerly line of that certain tra
known as the J.R. Williams Ranch whence the 'West i corner of s
Sc-c -L i on 7 bears N-ortb 55-27' 55" West 2 369.32 feet; (Being the
,'2;Ie 7oiDt- of bevinu:i-ag as the point of beginning in that Bcec:
Tec_076e6 _:) s.oc:: 112 at Page 22Q_ )
r� 2i�'G;.�" ;:Est 3_47 feet along said Southerly
^heZ%ce ::c.rt7 150 30' 00 Fast 52.39 feet;
ThE'nce North 740 30' _Et 125.00 feet;
Thence South 150 30100" best 85-49 fees;
Thence North 890 20' 00" I est 87.22 feet;
TI;`r_ce Nor*.h 040 12154" west 160.88 feet;
Thence No_th 190 15'00 East 92.00 feet;
T::-:ce North 430 45'00" East 40.88 feet; to a point on the centerline
Thence f0i2o;73ng Sizid centerline 2b8.56 -feet along the arc o=
-o ::e = hat�inb a radius of 1 , 133 _ 00 f eet.0 the clue
bears South
72'30' 08"
£cst 208_26 feet;
thence
So-jth
55`.5 26"
East
33.10
feet; - -
1nenee
5o�t
0
59 O '29"
Bast
E3_49
feet;
ic*:ce
S:��I
UC��00' 00"
TTest
101_61
1 eet;
G:7:.e
JZG_ _n
0
�C� JO=ci/"
IlC'St
110.J2
feet.
vience
Soath
15'00' 00"
West
1-13.6
feet to the point of
County
of Pitkin, State of
Colorado.
ASPEN/PITKIN PLANNING OFFICE is
130 South Galena Street
Aspen, Colorado 81611
LAND USE APPLICATION FEES
County
00100 —
63711
09009 — 00000
Subdivision/PUD
63712
Special Review
63713
P&Z Review Only
63714
Detailed Review
63715
Final Plat
63716
Special Approval
63717
Specially Assigned
City
00100 —
63721
09009 — 00000
Conceptual Application
63722
Preliminary Application
63723
Final Application
63724
Exemption
63725
Rezoning
63726
Conditional Use
PLANNING OFFICE
SALES
00100 —
63061
09009 — 00000
County Land Use Sales
63062
GMP Sales
63063
Almanac Sales
Copy Fees
Other
Name: Project:
Address: Phone:
Check No. Date:
Receipt No. P