HomeMy WebLinkAboutcoa.lu.ec.Hobgood Burres Lot.21A-86
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CASELOAD SUHMARY SHEET
City of Aspen
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DAT8- RECENED:
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p;(TE RECENED
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PROJ Ecr NAME: )
iCAPPL rCANT: . r( .J :! ,',
"-=,,, Applicant Address/Phone:
REPRESENTATNE: 156% ~
Representative Address/Phone:
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Type of Application:
I. GMP/Subdivision/PUD
1. Conceptual. Submission
2. Preliminary Plat
3. Final Plat
20
12
6
$2,730.00
1,640.00
820 .00
II. Subdivision/PUD
1. Conceptual Submission
2. Preliminary Plat
3. Final Plat
14 $1,900.00
9 1,220.00
6 820.00
11 $1,490.00
5 $ 6 80 .00
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III. All "Two Step" Appl ications
IV. All "One Step" Applications I
V. Referral Fees - Environmental
Health, Housing Office
OJ
:".........:.
1 . Mi nor Appl ica ti ons
2. Major Applications
Referral Fees- /
Engineering
, Minor Applications /
Major Applications
2
$
50.00
5
$ 125.00
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80.00
200.00
p&Z @ MEE'l'ING DATE: J~ ," . PUBLIC HEARING: YES ~
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RJRRALS:
v I City Atty Aspen Consol.S. D. __ School District
':2:: Ci ty Engi neer Ntn. Bell _. Rocky 11tn. Nat. Gas
- Housing Dir. Parks Dept. ~ StateHwy Dept (Glerrwd)
--- Aspen vlater Pol\' Cross Electric __ Statellwy Dept (Gr.Jtn)
- City Electric Fir~ Marshall' _ Bldg: Zoning/rnspectn
-. Envir. Hltl... _ Fire Chief _ Other:
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~-City AUy . ~. City Engineer ~. Building Dept.
Other:
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CITY OF ASPEN
130 south galena street
aspen, colorado. 81611
303,925 -2020
LA~D USE APPLICATION FORH
DATE SUBHITTED June
FEES
$760.00
N~~E GERALDINE T. HOBGOOD and
c/o Law Offices of Gideon I. Kaufman
ADDRESS 315 E. Hyman, Suite 305, Aspen, CO 81611
DR. KENNETH P. BURRES
2005 Franklin St, Bldg. 2, Suite 540
Denver, CO 80205
PHONE
(303) 925-8166
(303) 830-2313
NAJ-lE OF PROJECT
HOBGOOD-BURRES SUBDIVISION EXCEPTION
PRESE~T ZONING
R-6
CURRE~T
Hobgood property = 4,556 sq. ft. Burres property = 9,069 Sq. ft.
Hobgood property: 300 E. Park St. Burres property: 9~5 S. Midland
Aspen, CO Aspen, CO
(indicate street address, lot and block number. Hay require legal
description. A vicinity map is very useful,)See legal descriptions
attached hereto as Exhibits "1'1 and "2".
BUILD-OUT (Hobgood) 1,827_:!: sq. ft.
(Burres) 1,278:!: sq. ft.
BUILD-OUT no change sq. ft,
2
1
no change
un its
LOT SIZE
LOCAno~
PROPOSED
units
units
DESCRIPTION OF EXISTING USES See Addendum attached hereto
DESCRIPTION OF LAND USE PROPOSAL See Addendum attached hereto
TYPE OF APPLICATION
Subdivision Exception for Lot Line Adiustment
APPLICABLE CODE SECTION (S)
. Subsection 20-19 Aspen Hunicipal Code
YES
X
NO
PLAT AHENDHENT REQUIRED
DA TE PRE-APPLICATION CONFERENCE COHPLETED Hav 2. 1986
2.
All applicants must supply Proof of OIIDership in the form of a
title insurance commitment or statement from an attorney indicating
that he/she has researched the title and verifies that the applicant
is the owner of the property (free of liens and eucumbrances.)
(See attached title commitments)
If the process requires a public hearing, a Property Owner's List
must be supplied which gives all owners within 300 feet in all
directions in some cases and adjacent owners in some cases.
(No public hearing required)
Number of copies required (by code and/or in pre-application
conference.)
ATTACHflENTS: 1.
3.
4,
Plat by Registered Surveyor Yes
(Improvement Surveys by Registered Surveys
X No
are enclosed)
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MEMORANDUM
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TO:
Aspen City Council
FROM:
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Ron Mitchell, Acting City Manager ~
Steve Burstein, Planning Of~ice ~
Hobgood Lot Line Adjustment
Parcel IDII
THRU:
RE:
DATE:
July 9, 1986
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SUMMARY: The Planning Office recommends approval of the re-
quested subdivision exception for the purpose of a lot line
adj ustment.
APPLICANT'S REQUEST: Geraldine Hobgood and Kenneth Burres
request a lot line adjustment to permit the transfer of a 278
s.L parcel to Ms. Hobgood's property. This conveyance of land
will eliminate a current encroachment of Ms. Hobgood's house on
Dr. Burres' property.
ZONING: R-6
LOCATION: Lots 1 and 2, Riverside Addition, City of Aspen, 300
E. Park Avenue and Lot 7, Block 1, Promontory Subdivision, City
of Aspen, 925 S. Midland.
APPLICABLE SECTION OF SUBDIVISION REGULATIONS: Section 20-
19 (a) (4) of the Municipal ..Codesta.tes~thecol1artions6ywhrcfta
subdivision exception for the purpose of adjusting a lot line
shall be reviewed. The applicable concerns are that the cor-
rected plat meets the standards of the Code, the. adjustment win
not affect development rights or permitted density and that an
adjustment shall not increase the non-conformity of the resulting
lots or parcels.
PROBLEM DISCUSSION:
A. REFERRAL COMMENTS:
1. Engineering Department - Ina discussion with Elyse
Elliott on July 9, 1986, it was stated that there are
minor platting requirements yet to be met, which she
has discussed wi th the surveyor.
B. PLANNING OFFICE COMMENTS: ThE:! rE:!quested lot line adj ustment
will have no negative effect on the development rights,
permitted density, or area and bulk requirements of Dr.
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Burres' property, Lot 7, Block 1, Promontory Subdivision.
The existing residence w ill remain in conf.ormi ty in FAR and
setbacks after the 278 s.L tral1sfer. . The abiJ,ity to
develop a duplex on the lot will not be affected, as the
property will still contain over 8,000 s.f~
The proposed transfer to the Hobgood property, Lot 1 and 2,
Riverside Addition, will decrease the non-conformity of lot
size by a small degree and will bring the structure into
conformity with the north sideyard setback. The proposed
new lot line follows a fence ()11 top of a retaining wall, and
appears to be in a logical location for both properties.
ADVISORY COMMITTEE VOTE: Th~ application has been treated as an
expedited review by Council only, bypassing Planning Commission
rev iew .
RECOMMENDED MOTION: ~~ove to. approve the requested HObgood Lot
Line Adjustment subject to the following conditions:
1. A subdivision exception plat shall be recorded at the. County
Clerk and aecorder's Office in compliance with Section 20-15
of the Municipal Code and to the satisfaction of the City
Engineering Department.
2. A Statement of Subdivision Exception shall be submitted to
the satisfaction of the City Attorney prior to filing of the
plat and recorded with the County Clerk and Recorder's
Office.
SB .24
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DESCRIPTION OF EXISTING USE
AND LAND USE PROPOSAL
GERALDrNE T. HOBGOOD, owner of Lots 1 and 2, Riverside
Addition to the City and Townsite of Aspen (bearing a street
address of 300 East Park Street), and KENNETH P. BURRES,
owner of the adjacent property known as Lot 7, Block 1,
Promontory Subdivision",,, (bearing a street address of 925 South
Midland), join in this application for an exception to the
subdivision provisions for purposes of adjusting a lot line.
Approximately 27 sq. ft. of the residence owned by Ms.
Hobgood encroaches upon the property owned by Dr. Burres.
This application proposes the adjustment of the lot line
between the two parcels in order to permit the transfer of a
278 sq. ft. parcel to Ms. Hobgood, and thus remove the
encroachment.
The Hobgood property presently comprises 4,556 sq. ft.
and contains a duplex structure. The Burres property
presently comprises 9,069 sq. ft. and contains a single
family residence. The proposed lot line adjustment will
reduce the Burres property by 278 sq. ft. and increase the
Hobgood property by an equal amount. The lots are located in
the R-6 zone.
The proposal does not adversely impact setback
requirements for the Burres property since the Burres
property will continue to comply with setback requirements
after the lot line adjustment. The parcel to be conveyed is
bordered on the north-eastern side by an existing fence and
the parties have treated the parcel as being part of the
Hobgood property.
The approval of this proposal will abate an
encroachment and lessen an existing nonconformity.
no planning issues raised by this application.
existing
There are
Subsection 20-19 of the Aspen Municipal Code permits the
exception from the strict application of the subdivision
regulations under certain conditions. This application meets
the specified conditions for the following reasons:
1. Undue hardship will result from the strict
application of the full subdivision procedure since the
proposed exchange does not affect the buildout of the lots;
and
2. The exception is necessary for the preservation and
enjoyment of a substantial property right of the applicants.
The encroachment adversely impacts the ability of the owners
of each lot to convey their respective parcels.
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3. Neither the public at large nor adjacent land
owners are affected by the approval of this application.
Respectfully submitted,
By
ICES OF GIDEON I. KAUFMAN, P.C.
ssional Corporation
eon Kaufman
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MEMORANDUM
TO:
Steve Burstein, Planning Department
FROM:
Elyse Elliott, Engineering Department
4{
DATE:
July 10, 1986
RE:
Hobgood Lot Fire Adjustment
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The Engineering Department has the following comments:
PLAT
The plat is in order except for these requirements:
1. Vicinity Map
2. Identification of Subdivisions
The surveyor has been contacted and has agreed to the two addi tions.
IMPROVEMENT DISTRICT
We do not require the applicants to join any future improvement
districts since both structures already exist and no changes are
proposed.
EE/co/HobgoodFireAdjust
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MEMORANDUM
TO:
Karen McLaughlin, Assistant city Attorney
FROM:
Steve Burstein, planning Office
DATE:
Hobgood Lot Line Adjustment Property Ownership Issue
June 25, 1986
RE:
PROBLEM: Dr. Burre, owner of Lot 7, Block 1, Promontory Subdivi-
sion, is one of the coapplicants in the Hobgood Lot Line Adjustment,
and would convey 300 s.f. to Ms. Hobgood. There is presently a
lean on Dr. Burre's prperty, according to Barbara purvis.
Barbara purvis would like to submit a partial release from the lean
holder regarding the 300 s.f. area to be conveyed. The other way
Barbara suggests she could deal with this matter is to have the
lean holder sign the subdivsion exception plat, although this is
more trouble for the applicant and less desireable.
REQUEST: what documentation and consent are satisfactory to meet
the City's requirement for proof of ownership?
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ASPEN/PITKIN PLANNING OFFICE
130 S. Galena Street
Aspen, Colorado 81611
(303) 925-,2020
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RE: !-\oE!(,COI> 1..01' LO:l€: Aw.
. Dear 15t.-v!:>ay6-
This is to inform you that the Planning Office has completed its
preliminary 'review of your lrt LiN.- Mlo~-\t>I,u9application for complete-
ness. We have determined that your application
- X is complete.
is not complete.
The additional items we will require are as follows:
Disclosure of ownership (one copy only needed).
Adjacent property owners list (one copy only needed).
Additional copies of entire application.
Authorization by owner for representa'tive to submit
application.
Response to the attached list of items demonstrat-
ing compliance with the applicable policies and
regulations of the Code, or other specified materials.
A check in the amount of $
is due.
-1-_
A. Since your application is complete, we have scheduled it
for review t;f~the ,j"I",,\'\ \4%(", ~ bC.l":<ec"""c;, .
We will be calling youUif we need any addi~onal information
prior to that date. In any case, we will be calling you
.several days prior to your hearing to make a co py of the
review~andum available to you. please note that it
~~ your responsibility to post YOUr property with
a sign, which we can proviae you.
B. Since your application is incomplete, we have not
scheduled it for pUblic review at this time. When we have
received the materials we have requested, we will be happy
to place you on the next available agenda.
Please feel free to call Ste.o.,,.1Slys:-teJ n , who is the planner
assigned to this case, if you have any questions.
.
Sincerely,
ASPEN/PITKIN PLANNING OFFICE
~J~P~~~
Development Director
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1. A subdivision exception plat shall be recorded at the County
Clerk and Recorder's Office in compliance with Section 20-15
of the Municipal' Code and to the satisfaction of the City
Engineering Department. '
2. A Statement of Subdivision Exception shall be submitted to
the satisfaction of the City Attorney prior to filing of the
plat and recorded I~ith the County Clerk and Recorder's
Office.
.
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City Council
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MEMORANDUM
TO:
City Attorney
City Engineer
FROM:
Steve Burstein, Planning Office
DATE:
Hobgood Lot Line Adjustment
June 19, 1986
RE:
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Attached for your review is an application submitted by Geraldine
Hobgood requesting approval of a lot line adjustment transferring
approximately 278 s.L of property from the Burres to Ms.
Hobgood. The properties involved in this lot line adjustment are
300 Park Avenue and 295 Midland Avenue.
Please review this application and return your referral comments
to the Planning Office no later than July 3. 1986, in order to
allo~1 us adequate time to prepare for its presentation before
Council.
Thank you.
M.3
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LAW OFFICES
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JUN I 8 1986
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GIDEON I. KAUFMAN
DAVID G. EISENSTEIN
GIDEON L KAUFMAN
A PROFESSIONAL CORPORATION
BOX 10001
315 EAST HYMAN AVENUE, SUITE 305
ASPEN, COLORADO 81611
June 16, 1986
TELEPHONE
AREA CODE 303
925-8166
Mr. Steve Burstein
Aspen/Pitkin County Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: Application for Lot Line Adjustment
Hobgood/Burres
Dear Steve:
Enclosed are the photocopies of the deeds by which
Geraldine Hobgood took title to her property. Ms. Hobgood
acquired the properties as follows:
1. Parcel A acquired May 19, 1959, by document
appearing in Book 188 at Page 60;
2.
appearing
appearing
Parcel B acquired June
in Book 248 at Page 827
in Book 289 at Page 49);
8, 1970, by document
(and corrected by document
3. Parcel C acquired April 14, 1966, by document
appearing in Book 220 at Page 97.
Her acquisition of the parcels pre-dates the subdivision
regulations. Also enclosed are two additional copies of the
improvements surveys for the Hobgood and Burres properties
and ownership confirmation in the form of title commitments.
Also enclosed is the Verification of Application completed by
Dr. Kenneth Burres.
Please contact me if you have any questions or comments
regarding these documents.
Very truly yours,
LAW OFFICES OF GIDEON I. KAUFMAN,
a Professional Corporation
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Enclosures
cc: Geraldine Hobgood
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VERIFrCATrON OF APPLICATION
r, KENNETH P. BURRES, as owner of Lot 7, Block 1,
Promontory Subdivision, join in this Application for
Subdivision Exception and verify the truth and accuracy of
the representations set forth herein.
KE\l~T~~S~
hobgood app/LANDUS
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kwyers Title Insurance (9rporation
National Headquarters
Richmond. Virginia
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
1. Effective Date
March 18, 1986 at 8:00 A.M.
Case No, PCT-7tl1-R/\
2. Policy or policies to be issued:
(a)
Q'I ALTA Owner's Policy-Form 6, 1970(Rev, 10,17,70 & Rev, 10,17,841
o ALTA Residential Title Insurance Policy-1979
Proposed insured:
Amount$ 166,OOO.OO-PRRMTUM-$572.50
~<;; B. FI'fE Mffl GMc,uKY K. It.dCER "
(b) ALTA Loan Policy, 1970 (Rev, 10,17,70 & Rev, 10-17,84)
Proposed insured:
Amount$ 149.400.00-PREMTUM-$ 40.00
TO BE DETERMINED
(c)
Proposed insured:
Amount $
TAX CERTIFICATE
$ 5.00
3. Title to the fee simple estate or interest in the land
described or referred to in this Commitment is at the effective date hereof vested in:
GERALDINE T. HOBGOOD
=-. The land referred to in this Commitment is described as follows:
SEE EXHIBIT "A" ATTACHED TO AND MADE A PART HEREOF
Countersigned at Ac:::ppn J l.n 1 nr;::,nn
Commitment No, BD-877014
Schedule A-Page 1
Authorized Officer or Agent
Form No. 91-88 (SCH. A)
035-1-088-0001/4
ORIGINAL
This commitment is invalid unless
the Insuring Provisions and Sched-
ules A and B are attached.
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kwyers lltle Insurance (9rporation
NATIONAL HEADQUARTERS
RICHMOND. VIRGINIA
SCHEDULE A cont'd,
PARCEL A:
LOTS 1 AND 2
BLOCK 7
RIVERSIDE ADDITION TO THE CITY AND TOWNSITE OF ASPEN,
EXCEPTING THE SOUTHERLY FIFTEEN (IS) FEET OF SAID ABOVE DESCRIBED PROPERTY.
PARCEL B:
A PARCEL OF LAND BEING PART OF LOTS t. 2 AND 4. BLOCK 7, RIVERSIDE ADDITION
TO THE CITY OF ASPEN, COLORADO. SAID PARCEL IS MORE FULLY DESCRIBED
AS FOLLOWS:
BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID LOT 1 WHENCE THE SOUTHWESTERLY
CORNER OF SAID LOT 1 BEARS SOUTH 00014'00" WEST 15.51 FEET; THEENCE
SOUTH 00014'00" WEST 23.00 FEET ALONG THE WESTERLY LINE OF SAID LOTS
1 AND 4; THENCE SOUTH 85041'25" EAST 40.05 FEET; THENCE NORTH 21"50'00"
EAST 15.00 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 2; THENCE
NORTH 75006'00" WEST 47,00 FEET ON A LINE PARALLEL TO AND 15 FEET FROM
THE SOUTHERLY LINE OF SAID LOTS 1 AND 2 TO THE POINT OF BEGINNING.
PARCEL C:
A TEN (10) FOO~ STRIP ALONG THE SOUTHERLY LINE OF LOT 9, PROMONTORY
SUBDIVISION. ASPEN. COLORADO, ~XTE~DING FROM THE SOUYwEST CORNER OF
SAID LOT AT PARK AVENUE EASTERLY APPROXIMATELY TWENTY-FIVE FEET (25')
TO THE WEST SIDELINE OF A FIFTEEN FOOT (15') STRIP ALONG THE EASTERLY
LINE OF ASID LOT PREVIOUSLY CONVEYED TO OR. ROBERT BARNARD.
Schedule
Page
No,
035-'-999-0040/2
ORIGINAL
li'ho.., U.S.A.
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kW}'ers l1tle Insurance (9rporation
National Headquarters
Richmond. Virginia
SCHEDULE B-Section 1
Requirements
The following are the requirements to be complied with:
Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration forthe estate or interest
10 be insured.
Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record,
to-wn:
1. Deed from
to
GERALDINE T. HOBGOOD
JAMES B. FITE AND GREGORY R. BAKER
2.
Deed of Trust from
to the Public Trustee of the
for the use of
to secure
JAMES B. FITE AND GREGORY R.
County of Pitkin
T.B.D.
: $149,400.00
BAKER
3. Evidence satisfactory to the Company that the Real Estate Transfer Tax
as established by Ordinance No. 20 (Series of 1979) has been paid or
exempted.
4. Certificate of Nonforeign Status of Individual Transferor signed by
Transferor.
This commitment is invalid unless
the Insuring Provisions and Sched-
ules A and B are attached.
Form No. 91-88(B-l}
035-'-088-0001/4
Schedule B,Section 1 ,Page 1 ,Commitment No, BD-877014
ORIGINAL
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kwyers l1t1e Insurance (9rporation
NATIONAL HEADQUARTERS
RICHMOND, VIRGINIA
SCHEDULE B-Section 2
Exceptions
The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to
the satisfaction of the Company:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which
a correct survey and inspection of the premises would disclose and which are not shown by the
public records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, im.
posed by low and not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, jf 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 val~e the estate or interest or mortgage thereon covered
by this Commitment.
6. Tax~s due and payable; and any tax, special assessments, charge or lien
imposed for water or sewer service, or for any other special taxing district.
7. All streets. alleys, sidewalks, utilities, power, wat~r and telephone lines,
rights of way and easements with respect thereto.
~. Reservations and exceptions as containted United States Patent recorded in
Book 175 at Page 246.
9. Terms, conditions, obligations, provlslons and restrlctions which
do not contain a forfeiture or reverter clauses. as set forth in
instrument recorded in Book 188 at Page 2.
10. A five (5') foot strip of land reserved for the expansion of Park
Avenue as reserved and as shown on Plat of Promontory Subdivision
recorded in Plat Book 2A at Page 240. (Affect Parcel C)
11. Any question as to the size or location of the subject property
and as to the encroachment of the subject property onto adjoining
property.
12. Any and all interests, claims of interests, or rights as to Parcel B
as set forth herein. (Upon further examination of the records, this
exception may be deleted.)
Exceptions numbered
NONE
are hereby omitted.
The Owner's Policy to be issued, if any, sholl contain the following items in addition to the ones set forth above:
(1) The Deed of Trust, if any, required under Schedule B-Section 1, Item (b).
(2) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing issuance
thereof; wafer rights, claims or title 10 waler.
(3) Any and all unpaid taxes, assessments and unredeemed tax sales.
Schedule B-Section 2-Page I-No,
Form 91 -88 82 Rocky Mt.
035-1.088-0504
ORIGiNAL
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National Headquarters
Richmond. Virginia
COMMITMENT FOR TITLE INSURANCE
LAWYERS TITLE INSURANCE CORPORATION, a Virginia corporation. herein called the Company, for valuable
consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A. in favor of the
proposed Insured named in Schedule A. as owner or mortgagee of the estate or interest covered hereby in the land
described or referred to in Schedule A. upon payment of the premiums and charges therefor; all subject to the provisions
of Schedules A and 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 ~hall cease and terminate six (6) months aher the effective date hereof or when the policy or
policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the
fault of the Company. This Commitment shall not be valid or binding until countersigned by an authorized officer or agent.
IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to become valid when
countersigned by an authorized officer or agent of the Company, all in accordance with its By-Laws. This Commitment is
effective as of the date shown in Schedule A as "Effective Date."
CONDITIONS AND STIPULATIONS
1. The term "mortgage," when used herein, shall include deed of trust, trust deed, or other security instrument.
2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other
matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in
Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved
from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced
by failure to so disclose such knowledge. If the proposed Insured 'shall disclose s,uch 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 polic\' or policies committed for and only for actual loss
incurred in relian(;~~ hereon in undertaking in good faith (a) to comply with the requirements hereof. or(b) to eliminate
exceptions shown in Schedule 8, or (c) to acquire or create tile estate or interest or mortgage thereon covered by this
Commitment. In no event shall slIch liability exceed the amount stated in Schedule A for the policy or policies
committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the
Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are
hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein.
4, Any action or actions or rights of action that the proposed Insured may have or may bring against the Company
arising out of the status of ttle title to the estate or interest or tile status of the mortgage thereon covered by this
Commitment must be based on and are subject to the provisions of this Commitment.
fu.wyers lltle InsUf6'F <9rporation
OIMc, ;U~
President
Attest:
pdJttY--
Secretary.
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SCHEDULE A
Order Number:
14175
Commitment Number:
1. Effective date:
May 15, 1986 At 8:00 A.M.
2. Policy or Policies to be issued:
Am~lnsurance
Premium
TBD
A. ALTA Owner's Policy
Proposed Insured:
$
T.B.D.
B. ALTA Loan Policy
Proposed Insured:
$
c,
$
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:
Kenneth P. Burres
4. The land referred to in this commitment is described as follows:
Lot 7
Block 1
Promontory Subdivision, except that portion of Lot 7 more
particularly described as follows:
Beginning at a point whence the Northwest corner of Lot 8,
said Promontory Subdivision bears North 75006' West 3.61 feet;
thence South 75006' East 46 feet to the Northeast Corner of
said Lot 8;
thence North 17045' East 40 feet;
thence North 75006' West 16 feet;
thence in a southerly and westerly course on a straight line
to the point of beginning;
and
the East 15 feet of Lot 9, Block 1, Promontory Subdivision.
County of Pitkin, State of Colorado
J2-jJltJd
AlJtho(ized Countersignature
Page 2
STEWART TITLE
GUARANTY COMPANY
1652 (25M 3(86)
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SCHEDULE B - Secllon 1
Order Number: 14 1 7 5
Commitment Number:
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:
1. Evidence satisfactory to Stewart Title Guaranty Company,
furnished by the Office of the Director of Finance, City of
Aspen, that the real estate transfer tax pursuant to City
Ordinance No. 20 (Series of 1979), has been paid or that
conveyance is exempt from said tax.
2. Release of Deed of Trust dated December 8, 1983, executed by
Kenneth P. Burres and Lisa A. Burres, to the Public Trustee of
Pitkin County, to secure an indebtedness of $27,000.00, in
favor of Russell Scott, Jr., recorded December 13, 1983 in Book
457 at Page 245 as Reception No. 255685.
3. Release of Deed of Trust dated June 8, 1984, executed by
Kenneth P. Burres, to the Public Trustee of Pitkin County, to
secure an indebtedness of $224,000.00, in favor of (No
beneficiary named), recorded June 15, 1984 in Book 468 at Page
30 as Reception No. 260307.
NOTE: The beneficial interest under said Deed of Trust was
assigned of record to Norwest Mortgage Inc., An Iowa
Corporation by WestAmerica Mortgage Company recorded November
30, 1984 in Book 477 at Page 485 as Reception No. 264337.
4. Deed from vested owner, vesting fee simple title in
purchaser(s).
STEWART TITLE
1653 (25M 3/86)
Page 3
GUAR.ANTY COMPANY
1"""\
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SCHEDULE B - Section 2
Exceptions
Order Number:
14175
Commitment Number:
The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the
satisfaction of the Company:
1, Rights or claims of parties in possession not shown by the public records,
2, Easements, or claims of easements, not shown by the public records,
3, Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct
survey and inspection of the premises would disclose and which are not shown by the public records,
4, Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law
and not shown by the public records,
5, Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public
records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires
of record for value the estate or interest or mortgage thereon covered by this Commitment.
6. Any and all unpaid taxes and assessments and any unredeemed
tax sales.
7. 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.
8. Reservations and exceptions as contained in the United States
Patent recorded June 17, 1949 in Book 175 at Page 246 as
Reception No. 95480 as follows: The premises hereby conveyed
may be entered by the proprietor of any vein or lode of quartz
or other rock in place bearing gold, silver, cinnabar, lead,
tin, copper, or other valuable deposits, for the purpose of
extracting and removing the ore from such vein or lode, should
the same or any part thereof be found to penetrate, intersect,
pass through or dip into the mining ground or premises hereby
granted.
9. Easements and rights of way for ingress and egress to Lot 5,
through over and across the Northeasterly corner of Lot 7, ovet
a driveway as constructed and in place, as conveyed in deed
recorded March 31, 1972 in Book 262 at Page 362 as Reception
No. 150753, the specific location of which is not defined.
10. Loss or damage due to failure of all vested title holders to
execute the insured deed of trust.
NOTE: This exception will be deleted upon the fulfillment of
requirement No.3.
11. Any lien that may attach upon vesting of title in the party to
be insured.
Exceptions numbered
are hereby omitted,
Page 4
STEWART TITLE
1654 (15M 3/86)
GUARANTY COMPANY
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LAW OFFICES
GIDEON I. KAUFMAN
GIDEON l. KAUFMAN
DAVID G. EISENSTEIN
A PROFESSIONAL. CORPORATION
BOX 10001
315 EAST HYMAN AVENUE, SUITE 305
ASPEN. COLORADO 81611
June 13, 1986
TELEPHONE
AREA CODE 303
925-8166
HAND-DELIVERED
Ms. Nancy Crelli
Aspen/Pitkin County Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: Application for Lot Line Adjustment
Dear Nancy:
Enclosed are the following documents:
1. Original and three copies of the above-referenced
application;
2. Check payable to the Aspen/Pitkin County Planning
Office in the amount of $760.00, and
3. Copies of the deeds vesting ownership in Ms.
Hobgood.
Ms. Hobgood acquired the properties as follows: Parcel
A acquired May 19, 1959; Parcel B acquired June 8, 1970 (and
corrected July 9, 1974); and Parcel C acquired April 14,
1966. Her acquisition of the properties predates the
subdivision regulations.
Please contact me once the determination has been made
that the application is complete.
Very truly yours,
LAW OFFICES OF GIDEON I. K~UFMAN,
a Professional Corporation
BY~kw- ~t/~
ara K. Purvis
BKP/bw
Enclosures
cc: Geraldine Hobgood
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EXHIBIT "1 "
(Hobgood Property)
PARCEL A:
LOTS 1 AND 2
BLOCK 7
RIVERSIDE ADDITION TO THE CITY AND TOWNSITE OF ASPEN,
EXCEPTING THE SOUTHERLY FIFTEEN (IS) FEET OF SAID ABOVE DESCRIBED PROPERTY.
PARCEL B:
A PARCEL OF LAND BEING PART OF LOTS I, 2 AND 4, BLOCK 7, RIVERSIDE ADDITION
TO THE CITY OF ASPEN, COLORADO. SAID PARCEL IS HORE FULLY DESCRIBED,
AS FOLLOWS:
BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID LOT 1 \./HENCE TIlE SOUTHWESTERLY
CORNER OF SAID LOT 1 BEARS SOUTH 00.14'00" WEST 15.51 FEET; THEENCE
SOUTH 00.14'00" WEST 23.00 FEET ALONG TIlE WESTERLY LINE OF SAID LOTS
1 AND 4; THENCE SOUTH 85"41'25" EAST 40.05 FEET; THENCE NORTH 21"50'00"
EAST 15.00 FEET TO A POINT ON 1HE EASTERLY LINE OF SAID LOT 2; TIIENCE
NORTH 75.06'00" WEST 47.00 FEET ON A LINE PARALLEL TO AND 15 FEET FROM
THE SOUTHERLY LINE OF SAID LOTS 1 AND 2 TO THE POINT OF BEGINNING.
PARCEL C:
A TEN (IO) FOOT STRIP ALONG TIlE SOUTHERLY LINE OF LOT 9, PROMONTORY
SUBDIVISION, ASPEN, COLORADO, tXfE'lDING FROM THE SOUT..EST CORNER OF
SAID LOT AT PARK AVENUE EASTERLY APPROXIMATELY T\oIENTY - FrVE FEET (25')
TO THE WEST SIDELINE OF A FIFTEF;N FOOT (IS') STRIP ALONG THE EASTERLY
LINE OF ASID LOT PREVIOUSLY CONVEYEO TO OR. ROBERT BARNARD.
(',
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EXHIBIT "2"
(Burres Property)
Lot 7
Block 1
Promontory Subdivision, except that portion of Lot 7 more
particularly desoribed as follows:
Beginning at a point whence the Northwest corner of Lot 8,
said Promontory Subdivision bears North 75006' West 3.61 feet;
thence South 75006' East 46 feet to the Northeast Corner of
said Lot 8;
thence North 17045' East 40 feet;
thence North 75006' West 16 feet;
thence in a southerly and westerly course on a straight line
to the point of beginning;
and
the East 15 feet of Lot 9, Block I, Promontory Subdivision.
County of Pitkin, State of Colorado
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VERrFICATION OF APPLICATrON
r, GERALDINE T. HOBGOOD, as owner of Lot 2, Block 7,
Riverside Addition, join in this Application for Subdivision
Exception and verify the truth and accuracy of the
representations set forth herein., ~
~~~~,~~,~~~~
~ GERALDINE T. HOBGOOD~~
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t"e~ce N 21 50' E fifteen (15) feet to the SE cornel' of
lot 2 Block 7 Rive'side :>po:~i~topy thence N7S' oo'N 47,00
to the tpue point of beginning,
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THIS DEED,
Made this
9 tfJ
day of
July
,19 74,
between MARGARET CANTRUP
of the County of Pitkin and state of
Colorado, of the first part, and GERALDINE T. HOBGOOD
of the County of Pitkin and state of
Colorado, of the second part,
WITNESSETH, 'I'hat the said partY of the first part, for and in consideration of the sum of TEN DOLLARS
and other good and valuable consideration------------------------------xn0KK~,
to the said part Y of the first part in hand paid by the said part Y of the second part, the rec.eipt whereof
I is bereby confessed and acknowledged, ha s remised, released, sold conveyed and QUIT CLAIMED, and by
these presents do es remise, release, sell, convey and QUIT CLAIM untdthe said partY of the second part,
'II he r heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the said
part Y of the first part ha S in and to the following described'ldtXl><Kparcel of Jand situate, lying and
I being in the County of Pitkin and State of Colorado, to wit: A parcel of
land being part of Lots 1, 2 and 4, Block 7, Riverside Addition to the City of
Aspen, Colorado. Said parcel is more fully described as follows: Beginning at
a point on the Westerly line of said Lot 1 whence the Southwesterly corner of
said Lot 1 bears SOo14'00" W. 15.51 feet; thence SOo14'00" W. 23.00 feet along
the Westerly line of said Lots 1 and 4; thence S8504l '25" E. 40.05 feet; thence
N2l 050' 00" E. 15.00 feet to a point on the Eas terly line of said Lo t, 2'; , thence
N75006' 00" H. 47.00 feet on a line parallel to and 15 feet from the Southerly
line of said Lots 1 and 2 to the point of beginning. Said parcel contains 807
square feet, more or less.
This deed is given to correct the description used in a former deed between the
parties hereto dated June 8, 1970, and recorded on June 8, 1970 in Book 248 at
Page 827 of the records in the office of the County Clerk and Recorder of Pitkin
Coun ty.
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto
belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of. the
said party of the first part, either in law or equity, to the only proper use, benefit and behoof of the said
part y of the second part, her heirs and assigns ~orever. ~
,and ~IWITNES:he\~~:::;;~.;,~;s:~~~::~ten. of the first part ha s heTr set her
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STATE 01' COLORADO,
County of Pitkin
f-ci
day of
July,
d~ ;;)11 ,19 7f Witness my hand and official seal.
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