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Home My WebLink Aboutcoa.lu.ec.Laulainen/707 Gibson 1984 /l. :,'";,, .,'" /2. . 3. ':,t, ",:,'~, > " -"', "",q:'~",;;:'"'' . 4. " "",,';,,/,,' ';Ar:1/;,: ~~<;~~: '-'_ "":/,:",;,'<';>:,"" , ,~',', ",.!,',,-, Attorney ~,~<".';,' . _ _ ":". " ",:),:"\~!~~::ii~~~ ~ '-~------------, ---_.._--_.---._--------..----_._,._,.__._,~- ,rl , r'\ .J' CASELoADSUMMARY SHEET " , City of Aspen , ';:'.~',~,#~~;'::,.,i::::j,~-: ",'i ;j;';.iJ;t~\~~~Jt0~ ?,;,:;~~ -"';"- -;,,,;-, C~E Nc5:'" /2 . ell c.... \ '-\\ e.. ,,' ~ ,.'~ STAFF: Phone: Phone: f;J.S -/93f- (FEE) ~ .': !. 2. Concept~al Submission Preliminary Plat ($2,730.00) ($1,640.00) ($ i~ \' Conceptual Submission Prellminary Plat Fi;:;';l'Plat 900.00) ($1,220.00) ($820.00) ,-"'e",,,,'.' EXCEPTION/EXEMPTION/REZONING (2 step)' ($1,490.00) :""~' <~~::'<0::;i~Xjt>.>~",'.~, ',\' ,,-,, SPECIAL'REVIEW (l'step) ($ 680.00) , , ',~"" . Special Review . Use 'beterinination Conditional Use' Other: '''''''1)IU'~tON ,,,,..;.P;,,~ "'):'-;-',"c'- '. ;'L~ 7';~"::{:~~f~<:;t~~~:;i:0:: . " :,','" '.,,"\,'.' " '-: @MEETING '.. '~,J.. DATE: ~ ....... DATE REFERRED: tVtJ Mgmfr-u.. .,V,^.,~,',>, " ,'".: ::~:!;:::,:?;:~}*;>: ;',/ ,:':>itc,:,/." ,'....o:';,:;i,, ...., Aspen Consolo S.D. ~., ____School District ~ ____Rocky Mtn. Natural ,____State Hwy Dept. (Glenwood) ____State Hwy Dept. (Grd. Jctn) ____Building Dept. ____Other: ~Mountain Bell. ____Parks Dept. ":"':'" , ., ,,---:-H01Y. Cross Electric :',:, , ',____Fire Marshall Hlth. ____Fire Chief htY . DATE ROUTED:, S"fr /p<j ."~lding Dept. Engineer "'''''',' ",j','. ,<< ., . _<:>ther:' ! I. ,. C"i"','" : ,'.:::~:~:;~i::::;~~~ii'f:i~:;i":;"":., ' LOCATION:" AND .00i ..'.t , f~;!.\:,:,,::: :,;:~/:_~i:, ::%~pi;:i~{ -:< }'( ,-; :''\~:>::;;;:<:",~i$~~'::;~~::,,:, " 1;; '?:'..:,:-',:,,) ~;J:\:t1.." ~t , " ,.... ;"':;"^"'" ~ ..~ ~'''-'''''~'~'''~''"'"""",",,,.-,,,-'"., .. ,,,. ...', ":"~-'''''' ~""._:"'--":.."'~,"",'t;",,,,._;__ ..:/\.'..,,>'....,., ~:~.;;:,~'~:'f;/j., ,:, '"~~),z~,:;,, <:', "'fr:",',,' '';').' i ! , , ,~,~<' 'J,,;;<./,\- .,')1',"i _r.,':'",,::;, ,'~;:: ;'; ; ')^,,:':" ';,i,' ';',,',-' ,,';,;"/':' ... -.'j ~:;-,>:" ~ +6-,'losM S~. I -L pno.-+O ~,.J _I, Io.-Iord'inance No. Oo.-Il c-", :;~t ';,*;,.'\~,';':'~ ,., ~i.':.-:,:t.>, .. ;~; ::,,:";.'* ,,,,:,\i:'. '\'~'; . . ',)" .-",'::....',,; c,";"(.';';;;"'".:'" "0"" "'",,' . ~:'; Ordinance No.' ,:.~'::,,:/:ii\,\,' ~" '0 ' , ,.;;::;: 2:;hs,:,ii:> :.':">A:;,:-.."'r",;i',',-.';i';"'" ,,,~':'i,':~,,~,,,,,,:;,'>',;, '" V"~;7_;;"'" -:i ,.Jj..t'";';~'> ITY COUNCIL REVIEW: .. , ":..",,':.,, ,,,,-..,:. .': ~ I . C' ,_:,,~, :\:;~~: ',:,,":: >,:/(;': ..,.' ,,1;. .....~ Ordinance No. TO: FROH: RE: DATE: ;--". ~ 11EMORANDUH Aspen City Council Colette Penne, Planning Office 707 Gibson Associates Subdivision Exception - Lot Line Adjustment April 23, 1984 LOCATION: =========== ===========f===:==h=;=':=:^=f='S'==h'=====:f';:~::::;~f:;;::::f:::;:~':;:~'==;;:::;;=====~;:gd:;S;:~~==::;;~,' ZONING: 707 and 666 Gibson Avenue (Parcels A and B) R-30 PARCEL SIZK; Parcel A = 22,435 s.f. Parcel B = 91,040 s.L (70,861 s.L after slope reduction) APPLICANT'S REOUEST;. The applicant is requesting a lot line adjustment for the lot line between Parcel A (707 Gibson Avenue) and Parcel B (666 Gibson Avenue). The reason for the relocation is to square up the affected property lines for better utilization of the two properties. CITY ATTORNEY: The City Attorney commented that the application should be reviewed according to Ordinance 37, Series of 1981, regarding lot line adjustments. ENGINEERING nEPARTMe~ The Engineering Department suggested that the following items be conditions of the approval of this lot line adjustment: The Hill House Condominium utIlity easement must be extended through the 707 Gibson property. PLANNING OFFICE~IEW~ Ordinance 37, Series of 1981, allows a subdivision exception for lot line adjustment if the following conditions are met: 1. The appl icant must demonstrate that the purpose of the request is to correct an engineering or survey error in a recorded plat, to permit a boundary change between consenting adjacent landowners or to address specific hardship, provided that the corrected plat meets the standards of the Code at the time of the request; The adjustment will not directly or indirectly affect the development rights or permitted density on the property by providing the opportunity to create a new lot or parcel for development or resale purposes; 3. 4. 2. Subsequent to the adjustment, the parcels or lots will continue to conform to the underlying area and bulk requirements of the zone district. In cases of an existing non-conforming lot, the adjustment shall not increase the non-conformity of the resulting lots or parcels; and j I I I ., I ! The applicant otherwise complies with all applicable zoning and subdivision regulations of the City of Aspen. ; ~ The applicant has demonstrated that this lot line adjustment is to permit a boundary change between consenting adjacent landowners. The development rights and permitted densities on the lots in question ~. (",." Page 2 are not affected by the lot line adjustment since the two parcels being exchanged are approximately the same siz e, 495 s. f. The parce I being given ("D") is rel~tively steep while the parcel 707 Gibson is receiving ("C") is flat, however, the slope does not affect the property's development rights. After the lot line adjustment, Parcel B will conform to underlying area andbul.k requirements of the R- 30 zone district. Parcel A, 22,435s.f. ,is a non-conforming lot of record, however, the non-conformity will not be increased by this lot line adjustment. Both parcels will otherwise comply with applicable zoning and subdivision regulations. PLANNING OFFICE ANn PtANNJ'NG...l\Nti....'zotifti~to~Issfb~~t.6~.N!lA4Io~:. The Planning Office and the Planning and Zoning Commission recommend that City Council grant approval of the 707 Gibson Associates subdivision exception for the purpose of adjusting the lot line as requested. Approval should be subject to the condition recommended by the Engineering Department in this memorandum being incorporated into the Final Plat. COUNCIL ACTIbMi If Council concurs with the recommendations of the Planning Office and the Planning and Zoning Commission, the appropriate motion is: "I move to grant approval of the 707 Gibson Associates subdivision exception for the purpose of adjusting the lot line as requested. Approval is subject to: Extension of the Hill House Condominium utility through the 707 Gibson Associates property and shown on the Final Plat prior to recordation." easement must be ","P',*:c4'4$.!, "rJ~+~~,~"l:~'~?0;',,-:,~,~. r\ ~ / n MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Alice Davis, Planning Office RE: Laulainen Subdivision Exception - Lot Li.ne Adjustment DATE: February 8, 1982 Location: 666 and 707 Gibson Avenue (Parcels A and B) Planning Office Review: Ordinance 37, series of 1981, allows a subdivision exception for a lot line adjustment if the following conditions are met: (1) The applicant must demonstrate that the purpose of the request is to correct an engineering or survey error in a recorded plat, to permit a boundary change between consenting adjacent landowners or to address specific hardShip, provided that the corrected plat meets the standards of the Code at the time of the request; (2) The adjustment wi,ll not directly or indi.rectly affect the development rights or permitted density on the prOperty by providing the opportuni ty to create a new lot or parcel for development or resale purposes; (3) Subsequent to the adjustment, the parcels or lots will continue to conform to the underlying area and bulk requirements of the zone district. In cases of an existing non-conforming lot, the adjustment shall not increase the non-conformity of the resulting lots or parcels; and (4) The app 1 icant otherwise complies with all app 1 i cab le zoning and subdivision regul ations of the City of Aspen. The applicant has demonstrated that this lot li,ne adjustment is to permit a boundary change, between consenting adjacent landowners. _T~~__~~y'~(lPl1len!-L5~h!~and permi_tt~<!_den ~i!i eS__Q~__,--___ Zoning: Parcel Size: Applicant's Request: City Attorney: Engineering Department: --'------_."-,,-.......,...._-~_. R-30 Parcel A = 22,435 sq. ft. Parcel B = 91,040 sq. ft. (70,861 sq. ft. after slope reduction) The applicant is requesti,ng a lot line adjustment for the lot line between Parcel A (666 Gibson Road) and Parcel B (707 Gibson Road). The reason for the relocation is to square up the affected property lines for better utilization of the two properties. The City Attorney commented that the application should be reviewed according to Ordinance 37, series of 1981, regarding lot line adjustments. The Engineering Department suggested that the following items be conditions of the approval of this lot line adjustment: 1. A 60 foot right of way for the widening of Gibson Avenue must be granted to the City of Aspen along Parce 1 A (Laulainen) and shown on the final plat; 2. The Hill House Condominium utility easement must be extended through the Laulai.nen property; and 3. The easement for the power line shown on the Laulainen proLe!'~~~~~~_~be_~~?_\'I~~~the~!~~~_~p]_~ t. __ ',__,,__ 1"'. t1 Memo: Laulainen Subdivision Exception - Lot Line Adjustment Page Two February 8, 1982 the lots in questi:ori are not affected by the lot line adjust- lnent since the two parcel s l:1eing exchanged are, approximately the same size, 495 square feet, These two parcels being exchanged are relatively flat, therefore the slope would not affect the development rights, After the lot Hne adjustment, Parcel B will conform to underlying area and bulk requirements of the &-30 zone district. Parcel A, 22,435 square feet, is a ,nonconforming lot of record, however the nonconformity will not be increased by this lot line adjustment, Both parcels will otherwise comply with applicable zoning and subdivi si,on ations, "" "-_""'_"_'__~'_m.'___,~.._"~_._ Planning Office Recommendation: The Planning Office recommends that the Planning and Zoning Commissi,on grant approval of the Laul ainen subdivi,sion exception for the purpose of adjusti ng the lot line as requested, Approval is subject to the three conditions recommended by the Engineering Department in this memorandum being incorporated into the final plat, ,., / ''''~''',._/. o f"\ .'Z"oIitt GARlFliJElLD & lHIEClHIT, r.c. KATHERINE HENDRICKS WILLIAM K. GUEST. p,c. ATTORNEYS AT LAW VICTORIAN SQUARE BUILDING 601 EAST HYMAN AVENUE ASPEN. COLORADO 81611 TELEPHONE (303) 925-1936 TELECOPIER (303) 925-3008 CABLE ADDRESS "GARHEC" RONALD GARFIELD ANDREW V, HECHT March 16, 1984 HAND DELIVERED Mr. Alan Richman Assistant Planning Director City of Aspen 130 S. Galena St. Aspen, CO 81611 Dear Alan: The present owners of the property known as 707 Gibson Avenue, Aspen, Colorado previously known as the Laulainen property have asked that I reactivate the 1981 Laulainen Lot Adjustment which had been approved by the Planning and Zoning Commission and was tabled at the City Council meeting because of difficulties between Lee Pardee and Mr. Laulainen. Therefore we would like to now continue with the application and take advantage of the new one step procedure and proceed directly to City Council. This lot line adjustment is the same in every respect as the 1981 application with the substitution of 707 Associates as the applicant. You indicated in a conversation with Lee Pardee that since a two hearing fee had previously been paid to the' planning office it was possible that my client could now be charged on an hourly basis. Please notify me if this is correct. The enclosed plat substitutes the new applicant's name, but in all other respects it remains the same. As my client would like to begin the garage this spring, time is of the essence and we would like to be placed on the City Council agenda as soon as possible. If you have any questions or require additional information, please feel free to contact me. Sincerely, .~-~ Andrew V. Hecht AVH/mlc Enclosure cc: 707 Associates Lee Pardee 'I""] ~ 130 asp HEMORANDUM DATE: Januat:"y 18, 1982 TO: Alice Davis Paul Taddune Pi \ FROM: RE: Laulainen Subdivision Exception Exception ft:"om full subdivision is govet:"ned by Ot:"dinance No. 37 (Set:"ies of 1981) which imposes the following conditions: (i) Applicant must demonstt:"ate that the put:"pose of the t:"equest is to correct an engineering or sut:"vey et:"rot:" in a recorded plat, to pet:"mit a boundary change between consenting adjacent landowners or to addt:"ess specific hardship, pt:"ovided that the cot:"t:"ected plat meets the standards of the Code at the time of the request. (ii) The applicant will not directly or indirectly affect the development rights ot:" permitted density on the property by pt:"oviding the opportunity to ct:"eate a new lot or par- cel fOt:" t:"edevelopment activity. N.R. Alice, aftet:" t:"e-reading this condition, I would like yout:" comments on how approval of this application would impact on and affect the Hill House Condominium Association pat:"cel. If the Hill House property would be entitled to a lot split exemption irre- spective of the lot line adjustment, I doubt that we ,could say that it is actually affecting the "development t:"ights, notwith- standing the fact that the FAR would be increased, i.e. it seems that in passing Ot:"dinance No. 37 we wet:"e concerned mainly with efforts to circumvent the GMP. (iii) Subsequent to the adjustment, the pat:"cels or lots will continue to confot:"m to the underlying area and bulk requirements. Since the applicant represents that the area and bulk requirements would be unaffected by the line adjustment, it appears this condition is met. (iv) The applicant othet:"wise complies with all applicable zoning and subdivsion regulations of the City. PJT:mc ~ "."", '-". n ~ MEMORANDUM TO: . Alice ::::::e::a:::::e:::::~:::rtmen~ FROM: Louis DATE: January 4, 1981 RE: Laulainen Subdivision Exception -------- ---------- --- -'--_.- _._-------- _._-_._--------_._-- -------- After reviewing the above application the Engineering Department has the following comments: 1. The lot line re-adjustment as applied for effects the Hill House Condominiums. This Hill House plat will need to be revised after oBtaining P & Z approval. 2. This is the 3rd application involving this property. ,a. Pardee's Development, a lot line adjustment Council minutes 3/14/77. b. Wedum/Pardee, Hill House Condominium Council minutes 6/26/78. 3. The Hill House Condominiums is talking to the planning Office about splitting off it's property adjoining this property', line adjustment. The following information is missing and is needed in the consideration of this application. 1. The slope of property being exchanged. The properties are subject to area slope reduction. 2. The utility easement passing through the Hill House Condominium will need to be extended through the new property. 3. If an easement exist for the powerline across the Laulainen property it should be shown. The Engineering Department would suggest the foliowing conditions for approv~l of this application: 1. That recordable plats be submitted to the Engineering Department for review, for, all propeFties concerned. 2. Addition~right-of-way is widening of Gibson Avenue. granted to the City of Aspen for the . , ~ . 1"'\ o ';:; Page 2 Lau1ainen Subdivision Exception January 4, 1982 3. The Hill House Condominium utility easement is extended through the new property. 4. The existing powerline as granted an easements if none exists, as crossing Laulainen property. 5. That the proposed lot split of the Hill House Condominiums is made a part of this suBmission. The Engineering Department would recommend withdrawal, tabling, or denial of this application as once again we don't seem to have all the facts and a complete application. . . t'"', r'\ i' December 15, 1981 City of Aspen , Planning Office 130 South Galena Aspen, Colorado 81611 Re: Lot Line Readjustment-Gibson Street Dear Mr. Richman, This letter is to provide your office with verification of approval of the various parties involved with the proposed Lot Line Readjustment effecting two adjoining lots located on Gibson Street, currently owned by Hillhouse Condominium Association (Pardee and Gillmans) and Frank Laulainen (form- erly owned by Pardee), as shown on drawing dated 10/12/81 "Improvement Survey" as prepared by Alpine Surveys. , Approved by ~""i"'" December 17, 1981 r; ~ City of Aspen Planning Office 130 S. Galena Aspen, Colorado 81611 Dear Sirs: This is a request for a lot line adjustment between adjacent parcels under separate ownership, that comply with the following parameters as presented in Ordinance No. 37 of Aspen Subdivision Code. The adjustment will not directly or indirectly affect the development rights or permitted density of the property by providing the opportunity to create a new lot or parcel for development or resale purposes. Parcel A is fully developed and parcel B is not, fully developed, under existing zoning, but will not change in development status due to the adjustment. Subsequent to the adjustment, parcel Awnl eoIltinue, to...conforlDto the underlying area and bulk requirements of the zone di,strict. Parcel B an existing non-conforming lot, the adjustment shall not increase the non-conformity of the resulting lot or parcel. The applicant otherwise complies with all applicable zoning and sub- division regulations of the City of Aspen. This is a request for a subdivision exemption and approval of a lot line readjustment with equal amounts of land being exchanged. The property owners are Hill House COIldominium AEl~o<::.iatioll of Parcel B and Frank Laulainen of ~arcel A. in the City of Aspen. Supplied with this application is a survey prepared by Alpine Surveys showing the ex:i.sting property boundaries and relocatedb()und.aries. Parcel C wiLL go to Parcel B and Parcel D will go}() garc;~], A.' The reason for the relocation is a squaring for better utilization of both properties. to the matter. up of the property lines We appreciate your attention FL:in "'-'<'." co,..o,u,uo ,,,."C;I()!; :;or~:~-1 '-,;1.;> ^~,Tf, (j\\""U,"SPOLICY-uTO;:;r,', c; ,t',M,~~';UtD \0.17"70! ,r-, " , , .' t1 '<<,..,:} . FORM, NO, C.5000 Policy of Title Insurance Issued by Transamerica Title Insurance Company SUBJECT TO THE SCHEDULE OF EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CON- TAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, TRANSAMERICA TITLE INSURANCE COMPANY, a California corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company may hecome obligated to pay hereunder, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested otherwise than as ~tated therein; 2. Any defect in or lien or encumbrance on such title; 3. Lack of a right of access to and from the land; or 4, Unmarketability of such title. In Witness Whereof, Transamerica Title Insurance Company has caused this policy to be signed and sealed, by its duly authorized officers as of Date of Policy shown in Schedule A. Transamerica T,itl~ Insurance Company .; "'~<<";~:;-'",,~ ;.:~~:'~1":;~:1~~\,; ~ ,.-, /;:,11" -?iZ":}i: By ~ By President 11'''-''l' "" "'".,. "" ';~'r': , {ft=~- .. . ,O'.'~;o-'.' .... eO. -.... . . ":'" . . .. ,." '.- .,,--.'..-. . . :.' .',' -- Secretary . _""_..,_...._~_'....W'''.,~_.,,__.''' . .._~-----.-,-.~-.-,.-.-----'--.,..,..~--,. r'\ (') ...".~~...,...-.-_.._.~ FORM NO. c.SOOO~1 'FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION OWNER'S POL-ICV-FORM B- 1970 (AMENDED 10-17-70) Amount of Insurance $ ~,..,.~--,~---......-...---"., ---,,~. "... _"'--'~'~-,..~.^-""..._.,.".'._"..-~.,..,._, ."._."~ SCHEDULE A " 635,000.00 Date of Policy July 8, 1981 2:11 P.M. 1. Name of Insured: FRANK LAULAINEN Policy No. 7301881 Sheet 1 of .-3 2. The estate or interest in the land described herein and which is covered by this policy is: IN FEE SIMPLE 3. The estate or interest referred to herein is at Date of Policy vested in: . FRANK LAULAINEN ""; -.~7.:;~~;~~~:;~,'; ,",,',>,i;"c""',':";: r1 () ~~:-~ _ __ "" '.: c": ,,',,,',: "::'''-'',:'':,:, ,'",''':,:''' ,'" ':,",':" ',,' ,','-" ,:' :,',,-,' ',.'i', ',' ,,','_:"'"'''' ,', ",,',' ,".", ,,':' " FOR-USE WITH COLORADO REGION AMERIcAN LAND Trn.E ASSOCIATION LC)....N POLICY U.70' tAMENDED 10>17~70) FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION OWNER"S pOLICY-FORM &;.;.1070 5 C H E D U LEA-Continued The land referred to in this poliey is situated in the State of Colorado, County of , and is described as follows: pitkin A Parcel of land situated in ~he NEt swt of Section 7. Township 10 South, Range 84 West of the 6th Principal Meridan. being more fully described as follows: " ' Beginning at a point on the Southerly line of that certain tract known a~, the J .R. iVi-lliams Ranch wI1ence the West t corner of said Section 7 bears North 550 27' 55" West 2,369.32 feet; (Being the same point of beginning as the point of beginning in that Deed recorded in Book 119 at Page 220) ....Thence North 15.00'00" East 113.6 feet; Thence South 59030' East 110.32 feet; --7hence North 0.00'00" 101.61 feet; Thence South 59.03'29" East .15.91 feet; Thence South 55029'50" East .69.80 feet; Thence South 50044'15" East 30.67 feet; to a point on the Westerly right of way line of the Old Denver and Rio Grande Railroad right- of-way. Thence following said right of way line 11.33 feet along the arc., of a curve to the left having a radi.1.1s - of 384.30 feet; the chord of which curve bears South lS.50tI8",E~st 11.33 feet; Thence North 89020'00" West 5.24 along saidright~of-way line; Thence following said right-of-way line 87.29 feet along the arC of a curve to the left having a radius of 389.30 feet; the chord of which bears South 22052'46" East 87.11 feet; Thence South, 29<>:18 '13" East 0.04 feet along said right-of-way line to the point of intersection wit~ the Southerly line of said J.R. Williams Ranch; . ' Thence North 89020'00" West 251.13 feet along said Southerly line to the point of beginning. ~ .. 0 "I:G'O" ....1:..1.:.... "'''0 "Ti.I:....OCI..T10.. OW..I:.... J'Ot.1cy_~O"M =1""" ,"Ma"W- .- .. n' --~->_.,..g'IIIl.~ 6. 7. 8. SCHEDULE B . This Policy does not insure against l08S or damage by reason of the following: 1. 'J,ghts or claims of parties in possession not shown by the public records. 2. Easements, or claims of e~sements, not shown by the ,public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a cor. rect 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. Taxes due and payable: and any talC, special assessments, charge or lien imposed for water or sewer service, or for any other special taxing district. The 1980 General taxes paid, ac- cording to tax certificate dated July 2, 1981. EaSerrent and right of way for pole purposes granted to Roaring Fork Electric Light and po,.rer ecxrpany by John R. Williams by instr\l!lEflt recorded June 21, 1898, in BoOk 119 at Page 220. . Riaht of a proprietor of a vein or lode to extract arii reITCVe his ore therefrCI1 ~uld the sane be found to penetrate or intersect the premises hereby aranteC arii right of way for ditches and, canals constrUcted by the authority of the Un: States Patent recorded I)eCelTber 2.4, 1902" in BoOk 55 at Page 116. Rights. of way for what is la'lOWO as Spring St,reet and Gibson Street. 9. Deed of Trust from: James Lee pardee III to the public Trustee of the County of Pitkin for the use of Megapolitan Mortgage Company to secure : $250,000.00 dated : october 16, 1980 recorded : October 29; 1980 in Book 398 at Page 138 ASsignment of RentS recorded October 29, 1980 in Book 398 at Page 143, given in connection with the above Deed of ~rust. NOTB: The above Deed of Trust assigned to commonwealth Federal savings and Loan ASSociation by instrument recorded october 29, 1980 in Book 398 at page 146. 10. Deed of Trust from: Frank Laulainen to the public Trustee of the County of pitkin for the use of : James Lee pardee, III to secure $200,000.00 dated July 7, 1981 recorded July 8, 1981 in Book 410 at Page 980 n Continued from Back. of Front Cover 5. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS The Company shall have the option to pay or otherwise settle for or in the name of an insured claimant any claim in. sured against or to terminate all liability and obligations of the Company hereunder by paying or tendering payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred up to the time of such payment or tender of payment, by the insured claim. ant and authorized by the Company. 6. DETERMINATION AND PAYMENT OF LOSS (a) The liability of the Company under this policy shall in no case exceed the least of: (i) the actual loss of the, insured claimant; or (ii) the amount of i.nsurance in ScheduleA. (b) The Company will pay, in addition to any loss insured against by this policy, aU costs imposed upon an insured in liti- gation carried on by the Company for such insured, and all costs, attorneys' fees and expenses in litigation carried on by su~h insured with the written authorization of the Company. (c) When liability has been definitely fixed in accordance with the conditions of this policy, the loss or damage shall be payable within 30 days thereafter. 7. LIMITATION OF LIABILITY No claim shall arise or be maintained under this policy (a) if the Company, after having received notice of an alleged defect, lien or encumbrance insured against hereunder, by litigation or otherwise. removes such defect, lien or encum- brance or establishes the title. as insured, within a reasonable time after receipt of such notice; (b) in the event of litigation until there has been a final determination by a court of com- petent jurisdiction, . and disposition of all appeaJs therefrom, adverse to the title. as insured. as provided in paragraph 3 hereof; or (c) for liability voluntarily assumed by an insured in settling any claim or suit without prior written consent of the Company, B. REDUCTION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees and expenses, shaH reduce the amount of the insurance pro tanto. No payment shall be made without producing this policy for endorsement of such payment unless the policy be lost or destroyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Company. . 9. LIABILITY NONCUMULATIVE It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Com- pany may pay under policy insuring either (a) a mortgage shown or referred to in Schedule B hereof which is a lien on the estate or interest covered by this policy. or (b) a mortgage hereafter executed by an insured which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy. The Company shall have the option to apply to the pay~ ment of any such mortgages any amount that otherwise would be payable' hereunder to the insured owner of the estate or interest covered by this policy and the amount so paid shaH be deemed a payment under this policy to. said insured owner. 10. APPORTIONMENT If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is estab- lished affecting one or more of said parcels but not aU, the loss shall be computed and settled on a pro rata basis as if the amount. of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each such parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement herein Or by an endorsement attached hereto. I J. SUBROGATION UPON PAYMENT OR SETTLEMENT Whenever the Company shall have settled a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to aU rights and reme- dies which such insured claimant would have had against any person or property in respect to such claim l1ad this policy not been issued. and if requested by the Company, such insured claimant shall transfer to the Company all rights and remedies against any person or property. necessary in order to perfect such right of subrogation and shall permit the Company to use the name of such insured claimant in any transaction or litigation involving such rights Or remedies. If the payment does not cover the loss of such insured claimant, the Company shall be subrogated to such rights and remedies in the pro- portion which said payment bears to the amount of said loss. If loss should result from any act of such insured claimant, such act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against hereunder which shall exceed the amount, if any, lost to the Company by reason of the impainnent of the right of subrogation. 12. LIABILITY LIMITED TO THIS POLICY This instrument. together with all endorsements and other instruments, if any. attached hereto by the Company is the entire policy and contract between the insured and the Company. 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 covered hereby or any action asserting such claim, shall be restricted to the provisions and conditions and stipUlations of this policy. No amendment of or endorsement to this pOlicy can be made except by writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary. an Assistant Secretary, or validating officer or authorized signatory of the Company. 13. NOTICES, WHERE SENT All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to Transamerica Title Insurance Company, p, 0, Box 605, Denver, Colorado 80201. ...._"...... -"..~- --." -- 1"\ ~ Aspen/Pitkin Planning Office 130 south galena ~treet aspen, colorado ,81611 MH10RANDUM TO: Paul Taddune, City Attorney Dan McArthur, City Engineering Department ,Herb Paddock, Building Department FROM: RE: DATE: Alice Davis, Planning Department LaulainenSubdivision Exception December 17 , 1981 Attached is the application for the Laulainen Subdivision Exception. The applicants request a lot line adjustment between parcels located at 707 Gibson Road (Parcel B) and 666 Gibson Road (Parcel A). Please review and return Honday, January 4, 1982. at City p-[ L on January comments to me no later than This item is scheduled to be heard ,19,1982. Thank you for your assistance. . . 1""\ .-.. PI;;)'X\r\iC'C{ ~'ce .J-- ' f <l- L fL-eD m!(lJ2i1C!.aJ((XLS ,I )k ~..:~-~ -rh.~.plC"'J\h. ((\~ .t- ?on\~ (Dvnm/,SSIOh . f'e-(J.?mmen d.ect. --fiAcd- (ounci( , cqtC(fL+- : 6\p pr~ lIec I ()--{- -{+rc LCZ0tLOt/ hE~ JU bolt U Is (01\ ~cep-!-( Of! kr +he.. , tpur(Zl::>e, o-f- odj us!-cn cr --t(,~ to+ Il(\~ a.s ~U:es-\-ed.~>J\-- /~fl'''b~~.( r1 ~-d~ . p.r L reC()m~(ed ~' oppro uod be' 540 t'c-f +0" +re. C:Oh(j\l+COV\. +V\ot*- -I-k +Un +[(ft>( Co n. do vy\ ( VI. 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