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HomeMy WebLinkAboutcoa.lu.ec.211 S 1st St-Koch Unit 1.1982 r.f!'- , ' ,. .~~ ,.,,,;,.:,,.....,,; ,.......".....-.;;;';.. , ,.';.;;:.... ~ i ~ ,'-" <:J ,< I.: MEMORANDUM TO: City Attorney City Engineering Department Building Department PLANNER: Alice Davis RE: Koch Townhouses Unit #1 - Subdivision Exception DATE: November 8, 1982 Attached please find an application submitted requesting approval of an amended plat map for Koch Townhouses Unit #1. Please look the application over and return your comments to the Planning Office by Monday, November 22 as the item is scheduled to go before the Aspen P & Z on Tuesday, December 7. Thank you. .... ..__.n"""" . ~ ADDRESS OF JOB I ',J r iuiLPINC iNSPEctioN PEPARTMENT CITY OF ASPEN - COUNTY OF PITKIND, OLORADO S / .21 CJVrn~' ~ d~e/~, 14/651 '1 1.1. ~// EXHIBIT "'11.' GENERAL CONSTRUCTION PERMIT 1 WHEN SIGNED AND VALIDATED BY BUilDING INSPECTIO EPARTM~NT THIS PERMIT AUTHORIZES THE WORK DESCRIBED BELOW. , CLASS OF WORK: ADDITION OWNER NAME 0 lONe TR I - C.C _ ARU. lS.f.) ~ / I HEIGHT ",-'_~ / ___' ~:~~~~~~-- ~~N--OGG~~~~~ - - - UNFIN 0 ---- ---~-- at o ~ u <( at ~ Z o U NAME (AS LICENSED) ADDRESS SUPERVISOR FOR THIS JOB NAME LEGAL DESCRIPTION SURVEY BY LOT NO. f?s z o j:: <( o z ::> o ... DEPTH FIRST t3(tQW .3 GRADE FLOOR '" EXTERIOR " ,I I- ,?JrJ" '" FOOTING 0 CEILING SIZE ... I.XHRIOR '? II CONe. D FDN. WALL 6 ROOF THlCKNESS MAS'Y ~~~~K 0 CAISSONS 0 &GR.8fAMS ,XTERIO VALL MASONRY ,,7fS! ABOVE THICKNESS ~ 1ST fLR. STUD SIZE & SPACE ABOVE 1ST FlR. REMARKS \ 'i'~ \ ~' ALTERATION 0 ADDRESS .2 / -;S~/J7~ PHONE BLOCK NO. 53 ATTACHED 0 DESIGN BY /1,PM '5:J/J HO. STORIES TOTAL UNITS [] ATTACHED TOTAL !B' DETACHED 0 ROOM' SIZE SPACING SINGLE DOUBLE SPAN II ....<.-~iZ. If." ,I ;/ Jgl ROOFING MATERIAL B'I ABOVE 2ND FLR. ABOVE 3R(l FlR. ABOVE 2ND FlR. ABOVE 3RD FLR. ~ NOTES TO APPLICANT: FOR INSPECTIONS OR INFORMATION CALL 925 _ 7.336 FOR All WORK DONE UNDER THIS PERMIT THE PERMITTEE ACCEPTS FULL RESPONSIBILITY FOR COMPliANCE WITH THE UNIFORM BUilDING CODE, THE COUNTY ZONING RESOLUTION OR CITY ZONING ORDINANCE, AND ALL OTHER COUNTY RESOLUTIONS OR CITY ORDINANCES WHICHEVER APPLIES. SEPARATE PERMITS MUST BE OBTAINED FOR ELECTRICAL,PLUMBING .AND HEATING, SIGNS, SWIMMING POOLS AND FENCES. PERMIT EXPIRFS 60 DAYS FROM DATE ISSUED UNLESS WORK IS STARTED. REQUIRED IHSPECTtONS SHALL BE REQUESTED ONE WORKING DAY IN ADVANCE. ALL FINAL INSPECTIONS SHALL BE MADE ON ALL ITEMS ()F WORK BEFORE OCCUPANCY IS PERMITTED. THIS BUILDING SHAll NOT BE OCCUPIED UNTIL A CERTIFICATE OF OCCUPANCY HAS BEEN ISSUEO~ 0 PERMIT SUBJEC, TJ.Q. REVO. CATION OR .SY.Sp.fNsm,",\OR~VIOlATlo.,.,OF ANY LAWS GOVERNING SAME. SIGNATURE" ~~: \ ~ OF ' , A.PPLlCANT: , ""'''',<::--,,/ ?C.-.l----- THIS FORM IS A P RMIT ONLY WHEN VALIDATED HERE DATE PERMIT NO. ~ /O-$-~ 1o/Y-7? INSPECTOR'S COPY REPAIR 0 ADDITION OCCUPANCY GROUP TYPE CONSTR. . AGENQY2F BUILDING REVIEW ZONING PARKING MOVE 0 WRECK 0 INSURANCE o DATE CERTIFIED A lie PE NO '0 FIRE ZONE :5 76 AUTH~:tfJil1I *~U2:5. 0 o PU811 ,C , ENGINEERING VALUATIO OF WORK PLAN FILED T DOUBLE CHECK 0 FEE 0 CASH 0 BUILDING DEPARTMENT I () -do. \,. DATE RECEIPTS CLASS AMOU NT 1""'1 EXHIBIT "~," () CITY "OF;~?ASPEN *****************1 I 3 0 S 0 J'th~i:t'~!~r~ita S t r e e t : :~~"i5t;g ~i~';;d~J, 8 I 6 1 1 : asp e n ''':L",G'rl1iJt'!;:';:l~~I\l>-' .. ~>.~~:~:;,,:~"<;"J<'Y~ '0 : . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ... .. .. ,. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ,. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. \,.-...,....."... .. .. .. .. .. .. .. <Ie. ~t- '\.". JI..:fI.'l-Jf.:f ..",. JI..~......'" 'F....."...... ......."... ..JI... .....,........."............11 ......... ....~ **************** .. .. .. .. .. .. .. .. .. .. .. .. .. .. ... .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. CERTIFICATE OF OCCUPA.~CY ~City of Aspen, Colorado LOT R & S DATE: l1ay 11, 1977 BLOCK 53 ADDITION This is to Certify that a certain structure located at 211 S. 1st. 'l'j,'ronc 'l'hompson and OIVNED by erected under BUILDING PE&~IT NO. 333-76 ,197~, complies with the requirements of the UNIFORM BUILDING CODE, 19 73 Edi tion. Occupancy Group I Type 'Construction v-~ 3 Fire Zone ,COMMENTS &~D RESTRICTIONS: (( \ r'"" " '" ~ \' v'^ Signed: "1/",,\';/\ .,~ () Yj Clayton~.~. Meyring , Chief Building Inspector f""J f'I GARY A. WRIGHT ATIOF!NEY AT LAW 1 November 1982 201 NORTH MILL STREET, SUITE 106 ASPEN, COLORADO 81611 TELEPHONE 303-925'5627 Ms. Alice Davis, planning Department City of Aspen 130 S. Galena Street Aspen, Colorado 81611 HAND DELIVERED Re: Replat of Koch Townhouses Unit #1 211 South 1st Street Also known as LOts R & S Block 53 Dear Alice: Thank you for our telephone ronversations of 12 August 1982 and today. I am grateful for the help you have provided and I am optimistic that by working together we will be able to expedite the process of romplying with the City of Aspen regulations for filing an amended plat map. Pursuant to Aspen Code S20-20(c) as amended and your instructions, I have enclosed a check fran my trust acrount in the aJOClunt of $475.00. Pursuant to Aspen Code S20-19 and S20-20, I am hereby applying in behalf of my client, Tyrone Austin Thompson, for exception to subdivision regulations pursuant to S20-21. I would respectfully request that this application be promptly submitted to and ronsidered by the Planning COIIUl\ission. Pursuant to S20-19, I request the change in the plat map for Koch Townhouses Unit #1 be approved under subdivision regulations of the City of Asp:n and the plat map change be excepted from all requirements and provisions of the subdivision regulations, other than the requirements listed below: upon the successful rompletion of which the City shall certify rompliance with the subdivision regulations on the amended plat map for the Koch Townhouses to be filed in the rerords of the Clerk and Rerorder of pitkin County, Colorado: (1) payment of $475.00 required by S20-20(c) as amended: (2) submission of copies of an amended plat map for Koch Townhouses Unit #1, which map shows all improvements am rontains a prop:r surveyor's certificate: (3) submission of this letter of application addressing the issues of S20 of the Aspen Municipal Code: (4) approval of the proposed amendment to the plat map by the Planning & zoning commission of the City: (5) approval of the proposed amendment to the plat map by the City council: r-, r-J Ms. Alice Davis, 1 November 1982 Page two (6) approval of the proposed change in the plat map by the City Engineering Department; (7) submission of mylar copies of a final amended plat map for Koch Townhouses together with the appropriate filing fee to the Clerk and Recorder. I would like to provide some background for the benefit of all concerned. The Koch Townhouses were created in 1971 when Robert G. Stevens filed the Condominium Declarations for the Koch Townhouses (Book 255, Page 684). A statement of exemption from the definiticln of subdivision was not required in those days. In 1976 a building permit was obtained for the construction of a garage, see attached Exhibit "A". upon completion of the garage a certificate of occupancy was issued, see attached Exhibit "B". The plat map was never amended to show this change and this application is to accomplish this goal as quickly as possible. The Condominium Declaration will be amended as necessary. The plat map requires amendment to show the garage constructed in 1976-1977, and it is proposed that it be amended consistent with the proposed amended plat map submitted herewith. Pursuant to S20-19, it is respectfully requested that an exception is appropriate for the following reasons: (1) to deny the exception would deprive the applicant of the reasonable use of his land, e.g., he has constructed a garage with the then in effect codes and requirements; (2) the exception is necessary for the preservation and enjoyment of the substantial property right of the applicant, e.g., continued rights and benefits of ownership of the garage (3) the granting of the exception will not be detrimental of the public welfare or injurious to other property in the area which the subject property is situated. Note that the application only deals with the addition of a garage and in no way affects the character of occupancy. Please review this application as appropriate and promptly request any additional information you may require. I remain at your disposal and will work in cooperation with your office as necessary to expedite my client I s obtaining the necessary approvals. ly, ,6-> Gary . wright GNiI/vs Enclosures cc: Tyrone A. Thompson Michael J. Fitzgerald Richard A. Cohen Richard P. Fitzgerald f""'\ f""'\ " ;;J 130 asp MEMORANDUM TO: FROM: DATE: RE: Alice Davis, Planning Department Jay Hammond, Engineering Department ~ November 26, 1982 Koch Townhouses Unit #1 Amended Plat Having reviewed the above application and made a site inspection, the Engineering Department has the following comments: 1. The title of the amended plat should include a reference to the book and page of the original condominium plat being amended. Note should be made that all aspects of the original plat not altered by this amendment remain in effect. 2. The amended plat should clearly indicate what is being added to the existing units. 3. Indicate whether the garage is a part of unit one or a limited common element to other units on the property. 4. Show approximate location of additional structure on lots Rand S. 5. Indicate the status of the lot as a general or limited common element. 6. Indicate whether the survey monuments found on the property have a Land Surveyor's number on them. 7. Show all existing curb and gutter as well as sidewalk adjacent to the property. 8. Include certificates and signature blocks for the following: a. City Engineer b. Aspen Planning and Zoning Commission c. City Council with signature by the Mayor and attested by the City Clerk We would be willing to work with the surveyor in revising the plat. - -~~> ~"" ^ , ~o;437 i'ACE26C = rn <? ' -0 -lr- ~o Z.~:J ...... r'l "-i ~-..j :-'<Jt<- 1'0 ..z:,. en , ..::.. ----' ....... Xi C0 N rr'1j:..... 0;;: ::cz 0 z ~ ;:Om STATEMENT OF EXCEPTION FROM THE FULL SUBDIV~ON~~ PROCESS TO AMEND A CONDOMINIUM PLAT""" '" :..1..) CD WHEREAS, KOCH TOWNHOUSES, Unit #1, (hereinafter Lj 1 <<- t:.e "Applicant") is the owner of a parcel of real property (and the improvements thereon) situate in the City of Aspen, Pitkin County, Colorado, more particularly described as follows: Lots Rand S, Block 53 also known as Koch Townhouses, Unit #1 211 South First Street Aspen, Colorado WHEREAS, Applicant has requested an exception from the full subdivision process for the purpose of amending a previously-approved condominium plat purusant to Section 20-19, Aspen Municipal Code, as amended; and WHEREAS, the Aspen Planning and Zoning Commission at its meeting of December 7, 1982, determined that such exception would be appropriate and recommended that the same be granted, subject, however, to certain conditions; and WHEREAS, the City Council determined at its meeting of December 13, 1982, that such exception was appropriate and granted the same subject, however, to certain conditions; NOW, THEREFORE, the City Council of Aspen, Colorado does determine that the owner's application for exception from the full subdivision process for the above-stated is proper because the owner's proposed amendment to a condominium plat is not within the intents and purposes of the subdivision ordinance and hereby grants, for such reason, an exception from the full subdivision process. PROVIDED, HOWEVER, that the foregoing exception is expressly conditioned upon the Applicant's strict compliance for itself and its successors and assigns with all binding conditions of approval on this matter set by the Planning and Zoning Commission and/or the City Council. DATED this 14th day of December 1982. ~~i,-1& HERMAN EDEL, Mayor ,,- .~" ~ t) . OOOK437 pf,cE267 APPROVED AS TO FORM: ~.J;A~' ~~. City Attorney I, KATHRYN S. KOCH, do hereby certify that the foregoing Statement of Exception from the Full Subdivision Process to amend a Condominium Plat was considered and approved by the Aspen City Council at its regular meeting held December 13, 1982, at which time the Mayor, HERMAN EDEL, was authorized to execute the same on behalf of the City of Aspen. ,\ .., ~ '/{ ~"'r\~~'.\" i- 1".(, ~ ,..J... iC~', ~ ." 1.,"~,,' ~ . t.-;H ~ : f::':,~ :~ XL' '~f' \ . \~ .t~). '% ....~. .... "::;';, ('o,.....y~,\. <-">' 4..0R._.< l~fIJI'.I'j I J Ii' " r'l ~ MEMORANDUM TO: FROM: Aspen City Council Alice Davis, Planning Office RE: DATE: Koch Townhouses, Unit #1 - Subdivision Exception December 13, 1982 APPROVED AS TO FORM: Location: 211 South First Street (Lots Rand S, Block 53) Zoning: Applicant's Request: R-6 The applicant is requesting the approval of a minor amendment to the Koch Townhouses condominium plat pursuant to Section 20-21 of the Code - Resubdivision and Engineering errors. The applicant constructed a new garage in 1976 and is now requesting approval for an amendment to add this garage to his condominium plat. Planning Office Review: The garage in question was constructed in 1976, therefore all area and bulk requirements had to be met prior to the issuance of a building permit. The garage is 360 square feet and is under the new 600 square foot FAR exemption for garages adopted through Ordinance 11, The applicant is requesting approval to the amended condominium plat in order to satisfy the requirements of his title insurance company prior to the sale of the unit. The Planning Office feels that minor condominium plat amendments such as this could very easily be handled at staff level. Minor changes are often never recorded on condominium plats due to the stringent amendment process which requires P&Z review and Council approval and a $475.00 application fee. Most applicants do not file for minor amendment approval unless it is required by a title company at the time of sale. The Planning Office recommends that the Code be changed to allow the Engineering Department and Building Department to approve minor plat changes which are needed due to expansions or improvements which are constructed by right and therefore require no approval besides the issuance of a building permit or a certificate of occupancy. Referra 1 Comments: The Attorney's Office had no comment on the application. The Engineering Department stated that the following changes to the amended condominium plat were needed: 1) The title of the amended plat should include a reference to the book and page of the original condominium plat being amended. A note should be made on the amended plat that all aspects of the original plat not altered by this amendment remain in effect, 2) The amended plat should clearly indicate what is being added to the existing units. 3) The plat should indicate whether the garage is a part of Unit 1 or a limited common element to other units on the property. 4) The plat should also a) show approximate location of additional structure on lots Rand S; b) indicate the status of the lot as a general or limited common element; c) indicate whether the survey monuments found on the property have a Land Surveyor's number on them; d) show all existing curb and gutter as well as sidewalk adjacent to the property; and e) include certificates and signature blocks for the following: , ~~ ,I ~(~'2:>>:""';,';-i}~~{.0~:;:", t"") n Memo: Koch Townhouses Unit #1 December 13, 1982 Page Two 1. City Engineer 2. Aspen Planning and Zoning Commission 3. City Council with signature by the Mayor and attested by the City Clerk P&Z and Planning Office Recommendation: The Planning and Zoning Commission and Planning Office recommend the approval of the requested amendment to the Koch Townhouses, Unit #1 condominium plat for the addition of a garage. Approval is subject to the applicant making the plat changes recommended by the Engineering Department, which are listed in the December 7, 1982 Planning Office memorandum. Council Action: "I move to grant subdivision exception to the Koch Townhouses, Unit #1, subject to the following conditions: 1) The title of the amended plat should include a reference to the book and page of the original condominium plat being amended. A note should be made on the amended plat that all aspects of the original plat not altered by this amendment remain in effect. 2) The amended plat should clearly indicate what is being added to the existing units, 3) The plat should indicate whether the garage is a part of Unit #1 or a limited common element to other units on the property. 4) The plat should also a) show approximate location of additional structure on lots Rand S; b) indicate the status of the lot as a general or limited common element; c) indicate whether the survey monuments found on the property have a Lnad Surveyor's number on them; d) show all existing curb and gutter as well as sidewalk adjacent to the property; and e) include certificates and signature blocks for the following: 1. City Engineer 2. Aspen Planning and Zoning Commission 3. City Council with signature by the Mayor and attested by the City Clerk" ;'-:-'" .;.>,-,.._.".~",""" ----: '; ~ 1(...... .. TO: FROM: RE: DATE: I') ('") MEMORANDUM Aspen City Council Alice Davis, Planning Office Koch Townhouses, Unit #1 - Subdivision Exception December 13, 1982 APPROVED AS TO FORM: location: 211 South First Street (lots Rand S, Block 53) Zoning: Applicant's Request: R-6 The applicant is requesting the approval of a minor amendment to the Koch Townhouses condominium plat pursuant to Section 20-21 of the Code - Resubdivision and Engineering errors. The applicant constructed a new garage in 1976 and is now requesting approval for an amendment to add this garage to his condominium plat. Planning Office Review: The garage in question was constructed in 1976, therefore all area and bulk requirements had to be met prior to the issuance of a building permit. The garage is 360 square feet and is under the new 600 square foot FAR exemption for garages adopted through Ordinance 11. The applicant is requesting approval to the amended condominium plat in order to satisfy the requirements of his title insurance company prior to the sale of the unit. iReferra 1 Comments: The Planning Office feels that minor condominium plat amendments such as this could very easily be handled at staff level. Minor changes are often never recorded on condominium plats due to the stringent amendment process which requires P&Z review and Council approval and a $475.00 appl i cation fee. Most app 1 i cants do not file for minor amendment approval unless it is required by a title company at the time of sale. The Planning Office recommends that the Code be changed to allow the Engineering Department and Building Department to approve minor plat changes which are needed due to .expansions or improvements which are constructed by right and therefore require no approval besides the issuance of a building permit or a certificate of occupancy. The Attorney's Office had no comment on the application. The Engineering Department stated that the following changes to the ~mended condominium plat were needed: 1) The title of the amended plat should include a reference to the book and page of the original condominium plat being amended. A note should be made on the amended plat that all aspects of the original plat not altered by this amendment remain in effect. 2) The amended plat should clearly indicate what is being added to the existing units. 3) The plat should indicate whether the garage is a part of Unit 1 or a limited common element to other units on the property. 4) The plat should also a) show approximate location of additional structure on lots Rand S; b) indicate the status of the lot as a general or limited common element; c) indicate whether the survey monuments found on the property have a land Surveydr's number on them; d) show all existing curb and gutter as well as sidewalk adjacent to the property; and e) include certificates and signature blocks for the following: ,J!! --f. .~-' r-, (~ Memo: Koch Townhouses Unit #1 December 13, 1982 Page Two 1. City Engineer 2. Aspen Planning and Zoning Commission 3. City Council with signature by the Mayor and attested by the City Clerk P&Z and Planning Office Recommendation: The Planning and Zoning Commission and Planning Office recommend the approval of the requested amendment to the Koch Townhouses, Unit #1 condominium plat for the addition of a garage. Approval is subject to the applicant making the plat changes recommended by the Engineering Department, which are listed in the December 7, 1982 Planning Office memorandum. Counci 1 Action: "I move to grant subdivision exception to the Koch Townhouses, Unit #1, subject to the following conditions: 1) The title of the amended plat should include a reference to the book and page of the original condominium plat being amended. A note should be made on the amended plat that all aspects of the original plat not altered by this amendment remain in effect. 2) The amended plat should clearly indicate what is being added to the existing units. 3) The plat should indicate whether the garage is a part of Unit #1 or a limited common element to other units on the property. 4) The plat should also a) show approximate location of additional structure on lots Rand S; b) indicate the status of the lot as a ;general or limited common element; c) indicate whether the survey ~onuments found on the property have a Lnad Surveyor's number on 'them; d) show all existing curb and gutter as well as sidewalk ~djacent to the property; and e) include certificates and signature blocks for the following: 1. City Engineer 2. Aspen Planning and Zoning Commission 3. tity Council with signature by the Mayor and attested by the City Clerk" r'\ rJ MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Alice Davis, Planning Office RE: Koch Townhouses, Unit #1 - Subdivision Exception DATE: December 7, 1982 Location: 211 South First Street (Lots Rand S, Block 53) Zoning: R-6 Applicant;s Request: The applicant is requesting the approval of a minor amendment to the Koch Townhouses condominium plat pursuant to Section 20- 21 of the Code - Resubdivision and Engineering errors. The applicant constructed a new garage in 1976 and is now requesting approval for an amendment to add this garage to his condominium plat. Planning Office Review: The garage in question was constructed in 1976, therefore all area and bulk requirements had to be met prior to the issuance of a building permit. The garage is 360 square feet and is under the new 600 square foot FAR exemption for garages adopted through Ordinance 11. The applicant is requesting approval to the amended condominium plat in order to satisfy the require- ments of his title insurance company prior to the sale of the unit. The Planning Office feels that minor condominium plat amendments such as this could very easily be handled at staff level. Minor changes are often never recorded on condominium plats due to the stringent amendment process which requires P&Z review and Council approval and a $475.00 application fee. Most applicants do not file for minor amendment approval unless it is required by a title company at the time of sale. The Planning Office recom- mends that the Code be changed to allow the Engineering Department and Building Department to approve minor plat changes which are needed due to expansions or improvements which are constructed by right and therefore require no approval besides the issuance of a building permit or a certificate of occupancy. Referra 1 Comments: The Attorney;s Office had no comment on the application. The Engineering Department stated that the following changes to the amended condominium plat were needed: 1) The title of the amended plat should include a reference to the book and page of the original condominium plat being amended. A note should be made on the amended plat that all aspects of the original plat not altered by this amendment remain in effect. 2) The amended plat should clearly indicate what is being added to the existing units. 3) The plat should indicate whether the garage is a part of Unit 1 or a limited common element to other units on the property. 4) The plat should also a) show approximate location of additional structure on lots Rand S; b) indicate the status of the lot as a general or limited common element; c) indicate whether the survey monuments found on the property have a Land Surveyor;s number on them; d) show all existing curb and gutter as well as sidewalk adjacent to the property; and e) include certificates and signature blocks for the following: r"l i"""\ J Memo; Koch Townhouses Unit #1 December 7, 1982 Page Two 1. City Engineer 2. Aspen Planning and Zoning Commission 3. City Council with signature by the Mayor and attested by the City Clerk Planning Office Recommendation: The Planning Office recommends the approval of the requested amendment to the Koch Townhouses, Unit #1 condominium plat for the addition of a garage. Approval is subject to the applicant making the plat changes recommended by the Engineering Department. u..'i.IFE TITLE INSURANCE Company of Dallas ---------,.,-..,-,l"'J -~"-~~~_"________""._"~_(""'g , Commitment for Title Insurance ._._._-~ LD --~'^'----'-'-"-'"-"-'--~,,_. ..._._.-,~---.- USUFE Title Insurance Company (,f Dallas. herein c;Jlkd the COmpDny, for V"dlJ;lt!ltl consider;)lion, hereby commits to issue its policy or policies of title insurance. (IS identiiied in SdH~dulo A. in LlvOr 01 the P{opos(~d In~lJ:er! Il,Hnerl in Schedule A as owner or mortgagee of the estate or interest covered hereby in the l<Jnd described or reterrt~d to in Schedl:le A. U;)OI1 payment of llle premiums and charges therefor; all subject to tho provisions of Schftdule:; A ,HId 5 and 10 th!) COfldil:ons ("Inri SliplJ);j!iun~j h,'I(;of This Commitment shalf be effective only when lhe identity d lhe proposed IWjured and the amount of the poricy or policies committed for have been inserted in Schedule A hereof by the Company, either at the li.'lle of the ISsuance of th.g Commitment or by subsequent endorsement. This Commitment is preiiminary to the issuance of such policy 01 ;Jakie-, of title il1sul;)nce and all liabiJjty and obligations hereunder shall cease and terminate six (6) months alter the etfectlVtl dme hereof ()r when tlw puiicy or policies committed for shall issue, whichever first Occurs, provided thi'll tho failure to iss\!(; SlH:h policy 01 poline'. is no1 thn I,wl' of li,e C(.rnpany Thi<; Commitment shall not be valid or binding until counlersigned by an authoriu~d uffl((;r or aDenl Schedul() A (ffectivt~ d,,:(, July 26) 1982 at 8:00 Ml Case No 2, Policy or polities Iu tw is<"I"d A82-249 ASPEN TITLE COMPANY, Ll Inquiries directed to_._ 9.25=-1L4EL A Al.T,\ OWI~,~r "P"i" 'II"")"],' .<1 11";"I(.d t"IHj',I"t S 172.,500.00 PrcmiLrll ::; Tax Certificate 494.75 5.00 LEONARD SNYDER AND fu~DREA SNYDER f3 A[TA LO;lIl I'I\i "y P:"P(' "'01 I" ..,.1 '\Jl)<l"n: Prr!rniurn ~ ( t1Ih')111,1 Plr.mlum $ 3 1he c"L1W or Int!~I('~;t 111 th" I.,~:d dt'~.Clrh,'d <II 1"!"lIr:d to 111 thiS ''-'';flll1,IIT...nl ,did covered herein is fee simple and title thereto is ,lithe t'fh:cllve date her(~o! V,),, Ii';] III TYRON AUSTIN THOHPSON a/k/a TYRONE AUSTIN THOMPSON 4 The land rderred to in th;s commitment is d(~s(:(lbed ;,,-, follows Condominium Unit 1 KOCH TOWNHOUSES CONDOHINIUMS according to the Condominium Hap thereof filed for record in Plat Book 4 at Pages 202-203 and as defined and described in that Condominium Declaration for Koch Townhouses Condominiums recorded in Dook 255 at Page 684. Pitkin County, Colorado Schedule f3","Ser:tlorl 1 n"q\J'rl'1111~nts lht' l\ill,)wll1)] Bfl.: the rt,ql.lll"flH'111', to be ('()llljollt'd "",tb Item (<1) PJynwnt to (Ir hil till' ;1'C'h:rl! of the grantors Oi' mortgagors of !he lull C(!ll:;ir:crOliuf'; for the estate or interest to be insured. Item (b) Proner rri~lr\Hrl(;n1(si (I':;ll'n~j tht. e~1dk or Inte;('.,! 10 be inslJ(,:~dmusr t)C executed and duly filed for record, to-wit: (1) from Bank 1980 Release by the Public Trustee of Pitkin County, Colorado, of Deed of Trust Tyron Austin Thompson a/k/a Tyrone Austin Thompson for the use of The of Aspen to secure $45,233.05 dated February 1, 1980, recorded February 5, in Book 383 at Page 186. (2) Deed from Tyron Austin Thompson a/k/a Tyrone Austin Thompson vesting fee simple title in Leonard Snyder and Andrea Snyder. OTHER REQUIREMENTS NOT TO BE RECORDED (1) Certificate from the Condominium Association evidencing that all fees and expenses currently due and payable have been paid in full and are not delinquent. (2) Evidence of compliance with the provisions of the Real Estate Transfer Tax, Ordinance No. 20 (Series of 1979). :n i?' [J.\i, i',:; T, t; t r,N:) GUMlANTY COMhvu .~ ~ FORM 105 (CO) lQM1077H I ~ t"""\ Schedule B-Section 2 Excepti~ ) ----'1' StrcetAddress of The policy or policies to be issued will ccntain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession nol shown by the public records 2. Easements. or claims of (wsements, not shown by Hl() public [('cords 3. Discrepancies. conflicts in bouf1d~HY lines, shor:Jgc in area, encrozchnwnts, i:lnd any facts which a correct survey and inspection of the premises would disclose and which <lre not shown uy the public recores 4. Any lien, or right to a lien. for services, lab')r or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects. tiens, oncumbrances. <Idverse claims or other matters, if any, CH:ilt{~d, first appearing in the public records or attaching subsequent" to the effective date hereof but pflor 10 the dine the proposed insured ilcquil es of record for value the estate or interest or mortgage thereon covered by this Commitment. Exceptions numbered. -0- <He 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. Tax Certificate ordered, not yet received by Company. 7. Terms, conditions, obligations, easements and restrictions as contained in Condominium Declaration for Koch Townhouses Condominiums, recorded June 3, 1971 in Book 255 at Page 684. 8. Terms, conditions and obligations as set forth in Articles of Incorporation for The Koch Townhouses Condominiums Association, filed in the office of the Clerk and Recorder of Pitkin County, Colorado, on March 18, 1971. 9. Deed of Trust from Tyrone Austin Thompson to the Public Trustee of Pitkin County, Colorado, for the use of Sun Savings and Loan Association to secure $100,000.00 dated July 27, 1979, recorded July 30, 1979 in Book 373 at Page 354. NOTE: A check may be made with the lender concerning possible limitations in said Deed of Trust on the right to transfer the property and assume the loan. Cundilions ;lnd StilHlldtions The tlfrm "n101tfFI!Jl'. . WhCII11';I'd hF,,'reln, sh~i!III\du{kd()ed 01 tru::;t. trust (!1~r~d. or other security instrument. 2 II the propOsed Insured iLlS or acqUires i)Clu;1I knoVv,edUl;' of any defect, l'el1, encurnurance. adverse claim or other matter affecting the eSlate or inlCrcst or mort~J<i~I(j thereon covered by this Commitment other than those shown in Schedule B hereof. and shall fail to disclose such knowled[Jc to the Comp,my in writing. the Company shall be rdif,vcd from liability for any loss or damage resulting from ally act of relianCtf hereon to tho extPf1! the Cl>f1lpany is rrejudiccd by fnilu:e 10 so disclose such knowledge. If. the proposed Insured ~;h;111 disclo${: such knowled!J(~ to Ill!) Company. or II the Comp,my otherwise acquires ,lelual knowledge of any such defect, lien, encumbrance, ,H!velse cl.lInl or otlWr rnath~r. the Company ,It Its oplion may ;ln1elld Schedult~ 8 of this Commitment accordingly, but such amendment shall nOI relli':ve the Compilny Irolll li,lbility previously Incurred pWSuiln! to fl,Hagr<lph 3 of these Conditions and Stipulations. 3 Liability of the Company und(>[ this Commitment shall be only to the ni1ml;u proposed Insured and such parties included under the definition of Insured in the lorm of pOlicy or pOlicies commiued for and only for actual loss incurred in reliance here"on in under:taking In good faith (il) to comply With the requirements hereof. or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or ,'cieste the estate of intereSl or mOrt~F1ne Hwreon covered by this Commitment, 1.1 no eV(>(lt 1:>half such liability exceed the amount stated in SchE:Jule A tor 1t1l! polity or poliCies eornmltwd lor ilnd such klOdlly IS subJecl to the insurIng provisions, exclusion from coverage, and the Conditions ,H1d Slipulatio.ns of the form of pulley or policies Comrnilled for In favor of till! proposed Insured which are hereby incorporated by reference and ale made <l part of lhis Cornrllitll1ent eX(;l'pt as expressly moddied herein 4. Any claim of loss or dafl1.1{Je. whcther or not Uilscd 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 <lny nct,on asseninn such claim, shall be restricted to the provisions and conditions and stipulations of this commitment. IN WITNESS WHEREOF. the Cump<1I1Y hns cau<;erj this Commitment 10 be s'nnr:d ;)nd sealed, to become valid when countersign~d by an authorized officer or agent of the Comp,my, ail in accordance with its f3y L:WIIS, This Commitment is effective as of the date shown in Schedule A as "Effective Date' USllFE Title Insurance Company of Dallas ..- ~{/{/~ 'P~';~:d~;7&-c;;;;;;(.--;~>,;-;,-,-;'o;;;;;,-_. h_=!.~ AIr~SI ["'Cu',~~ v,...' P'(f."(fi'nt, Si'C'~!'''1 "nil !'~""'''i'' ~x:~'. ';"""'-".-/ . COMPANY, L';'[) , ,'..'"J...."..' 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