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Home My WebLink Aboutcoa.lu.ca.706 W Main St.61A-89Krabacher Code Amendment & na 6 1 A - 8 9 2735-124-45-005 v vic4 7wc�, C y A Nr-N, - ►AsPenn 130 b-- Coloraoo o o' ' (303) 920-5090 FEES LAND USE APPLICATION City GM P/CONCEPTUAL 00113 -63250-134 63270136 MP/FINAL -63280-137 -63300-139 SUBjCONCEPTUAL SUB/FINAL APPLICATIONS -63310-140 ALL 2-STEP ALL 1-STEP APPLICATIONS/ -63320-141 CONSENT AGENDA ITEMS REFERRAL FEES: ENVIRONMENTAL HEALTH 00125 -63340 205 -63340-190 HOUSING ENGINEERING 00123 63340-163 SUBTOTAL 00115 County -63160-126 GMP/GENERAL 00113 -63170-127 GMP/DETAILED GMP/FINAL -63180128 SUB/GENERAL -63190-129 SUB/DETAILED -63200130 -63210-131 SUB/FINAL APPLICATIONS -63220 132 ALL 2-STEP ALL 1-STEP APPLICATIONS/ -63230-133 CONSENT AGENDA ITEMS BOARD OF ADJUSTMENT -63450-146 REFERRAL FEES: ENVIRONMENTAL HEALTH 00125 -63340-205 -63340190 HOUSING ENGINEERING 00123 -63360-143 00113 PLANNING OFFICE SALES CITY/COUNTY CODE 00113 -63080-122 COMP. PLAN -63090-123 COPY FEES -63140-124 �g000 145 OTHER SUBTOTAL r c% TOTAL Phone: Name: Project:. �foh�t viPk/ Address: Se � e Date: Check # # of Hours: Additional billing: 0 CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 6 14 89 DATE COMPLETE: b k 2- -6- 1 PARCEL ID AND CASE NO. 2735-124-45-005 61A-89 STAFF MEMBER: xa ^"me - PROJECT NAME: Krabacher Code Amendment fi-Eand+t4ana1U_% Project Address: 706 West Main Street Legal Address: Lot Q and the West 20 feet of Lot R, Block 18 APPLICANT: B. Joseph Krabacher Applicant Address: P. O. Box 8127 Aspen, CO 81612 REPRESENTATIVE: Welton Anderson Representative Address/Phone: 5-4576 PAID: YES NO AMOUNT: $1,500.00 NO. OF COPIES RECEIVED: 1 TYPE OF APPLICATION: 1 STEP: 2 STEP: P&Z Meeting Date `'�5r`d PUBLIC HEARING: YE VESTED RIGHTS: YES CC Meeting Date , \ PUBLIC HEARING: YE lvt,-�k ca6� \ - VESTED RIGHTS: YES Planning Director Approval: Insubstantial Amendment or Exemption: NO NO NO NO Paid: Date: ----------------- REFERRALS: V\O "''- ------------------ ----- City Attorney Mtn. Bell School District City Engineer Parks Dept. Rocky Mtn Nat Gas Housing Dir. Holy Cross State Hwy Uept(GW) Aspen Water Fire Marshall State Hwy Dept(GJ) City Electric Building Inspector Envir. Hlth. Roaring Fork Other Aspen Consol. Energy Center S.D. DATE REFERRED: 4�Lo INITIALS: FINAL ROUTING: DATE ROUTED: INITIAL: City Atty Housing City Engineer Zoning Env. Health Other: FILE STATUS AND LOCATION: ORDINANCE NO. (Series of 1989) AN ORDINANCE AMENDING SECTION 9-106 OF THE ASPEN LAND USE CODE, TO ALLOW PERMITTED AND CONDITIONAL USES FOR DESIGNATED LANDMARKS WHICH DO NOT MEET THE MINIMUM LOT AREA REQUIREMENTS OF THE ZONE DISTRICT. WHEREAS, applicants Joseph and Suzy Krabacher, owners of the real property described as 706 West Main Street, Lot Q and the West 20 feet of Lot R, BLock 18, City and Townsite of Aspen, Colorado, have filed an application requesting a code amendment to Section 9-106 of the Land Use Code; and, WHEREAS, this code amendment would create an additional incentive for historic preservation, as supported by the Aspen Historic Preservation Committee, by allowing permitted and conditional uses for designated landmarks which do not meet the minimum lot area requirements of the zone district; and, WHEREAS, on August 8, 1989, the Planning and Zoning Commission recommended City Council approve the code amendment; and, WHEREAS, City Council wishes to pursue those recommendations by completing the code amendment process. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: 4 0 Section 1 Section 9-106, of the Land Use Code, under "Nonconforming Lots of Record", shall be amended to read as follows: C. Historic Landmark: A lot of record containing an historic landmark need not meet the minimum lot area requirement of its zone district to allow the uses that are permitted and conditional uses in the district subiect to the standards and procedures established in Art. 7 Div. 3 Section 2 That if any section, subsection, sentence, clause, phrase or portion of this Ordinance is for nay reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 3 That a public hearing on the Ordinance shall be held on the -� day of¢irc�v , 1989, at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days 5 0 • prior to which hearing notice of the same shall be published once in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the �� day of 1989. William L. Stirling, Mayor ATTEST: Kathryn S. Koch, City Clerk FINALLY adopted, passed and approved this —/day of 1989. William L. Stirling, Mayor ATTEST: Kathryn S. Koch, City Clerk memo.cc.krabacher.code.amend N. 0 0 lu -DIVICi);i1Z101$IV, To: Aspen Planning and Zoning Commission From: Roxanne Eflin, Planning Office Re: Code Amendment: Historic Preservation Incentive, allowing permitted and conditional uses for Designated Landmarks on less than minimum size lots, Public Hearing Date: August 8, 1989 -------------------------------------------- -------------------------------------------- SUMMARY: The Planning Office recommends that the Planning and Zoning Commission recommend approval of an ordinance allowing permitted and conditional uses for Designated Landmarks which do not meet the minimum lot area requirements of the zone district. APPLICANT'S REQUEST: Applicants Joe and Suzy Krabacher, initiators of the code amendment application, own the historic resource at 706 West Main St., currently in process of landmark designation. The lot of record is 5,000, and is located within the Office Zone, requiring a minimum of 6,000 sq. ft. for uses other than a single family residence. The applicants wish to open an antique store (conditional use allowed in this zone district for designated landmarks) in the front portion of the residence, and live in the rear. That application is pending, based upon this code amendment. The applicants wish to have Section 9-106, Non -conformities, amended to read as follows: C. Historic Landmark: A lot of record containing an historic landmark need not meet the minimum lot area requirement of its zone district to allow the uses that are permitted and conditional uses in the district subject to the standards and procedures established in Art. 7, Div. 3. This provision would make it possible for landmarks in all zone districts additional incentives to encourage the preservation of these resources in innovative ways. As an alternative, the applicant has recommended language amending only Section 5-213(D)(1) of the Office Zone District, which is more narrow in scope: "Minimum lot size (sq. ft.): 6,000, except for lots of record containing an historic landmark (sq. ft.): 3,000." BACKGROUND: Land Use Code incentives for historic landmarks have become an extremely fundamental element of Aspen's preservation program. We have seen many successes due to the innovative provisions drafted for specific and general renovation problems. • One of our goals for the last few years, as stated in the Historic Preservation Element of the Aspen Area Comprehensive Plan, has been to encourage the preservation of our historic resources through incentives and innovative adaptive uses. The expanded list of conditional uses for landmarks within the Office Zone district (Main Street Historic District) reflects this community desire. STAFF COMMENTS: In staff's opinion, the applicant's recommended code amendment falls in line with other recently approved incentive provisions. In discussion, however, with Alan Richman and Tom Baker of the Planning Office, concerns regarding land use issues and density have been discussed. While this amendment appears to primarily focus on the historic preservation aspects, by offering yet another incentive to owners of landmarks, the underlying concerns of land use should be considered as well. This incentive may benefit only a few landmarks (approximately four or five in the Office Zone, and probably no more than a dozen elsewhere throughout the city). From a preservation planning point of view, it is a reasonable and appropriate "incentive", with relatively small impact to the overall community in relation to density issues. Alan Richman feels that it is appropriate for landmarks with a commercial and residential multi -use, provided the resident of the dwelling unit is an employee of the business. This example works for Joe and Suzy Krabacher's specific situation at 706 W. Main St., a 5,000 sq. ft. parcel, until such time as they sell their property. ALTERNATIVES: One alternative to the language the applicant has recommended, that the P&Z may wish to consider, is to require the resident of the dwelling unit to be an employee of the business, making the business use, therefore, accessory to the dwelling unit. Alan Richman feels this is appropriate, taking into consideration both the preservation and land use issues. The HPC, however, feels that the Planning Office should be encouraging innovative preservation incentives, this one notwithstanding. The Planning and Zoning Commission should weigh the impacts to relatively few landmarks on less -than -minimum size parcels against the potential land use and density impacts. RECOMMENDATION: The Planning Office recommends that the Planning and Zoning Commission recommend the following code amendment language, adding paragraph C. in Section 9-106, under "Nonconforming Lots of Record" for approval by ordinance: C. Historic Landmark: A lot of record containing an historic landmark need not meet the minimum lot area requirement of its zone district to allow the uses that are permitted and conditional uses in the district subject to the standards and procedures established in Art. 7 Div. 3 memo.pz.krabacher.code.amend 2 • 0 MEMORANDUM To: Aspen City Council Thru: Robert S. Anderson, Jr., City Manager From: Roxanne Eflin, Historic Preservation Planner Re: First Reading: Code Amendment - Historic Preservation Incentive, allowing permitted and conditional uses for Designated Landmarks on less than minimum size lots, Date: August 28, 1989 SUMMARY: The Planning Office recommends approval of Ordinance _ Series of 1989 on First Reading to allow permitted and conditional uses for Designated Landmarks which do not meet the minimum lot area requirements of the zone district. APPLICANT'S REQUEST: Applicants Joe and Suzy Krabacher, initiators of the code amendment application, own the historic resource at 706 West Main St., currently in process of landmark designation. The lot of record is 5,000, and is located within the Office Zone, requiring a minimum of 6,000 sq. ft. for uses other than a single family residence. The applicants wish to open an antique store (conditional use allowed in this zone district for designated landmarks) in the front portion of the residence, and live in the rear. That application is pending, based upon this code amendment. The applicants wish to have Section 9-106, Non -conformities, amended to read as follows: C. Historic Landmark: A lot of record containing an historic landmark need not meet the minimum lot area requirement of its zone district to allow the uses that are permitted and conditional uses in the district subject to the standards and procedures established in Art. 7, Div. 3. This provision would create an additional incentive for landmarks in all zone districts to encourage the preservation of these resources in innovative ways. BACKGROUND: Land Use Code incentives for historic landmarks have become an extremely fundamental element of Aspen's preservation program. We have seen many successes due to the innovative provisions drafted for specific and general renovation problems. One of our goals for the last few years, as stated in the Historic Preservation Element of the Aspen Area Comprehensive Plan, has been to encourage the preservation of our historic resources through incentives and innovative adaptive uses. The expanded list of conditional uses for landmarks within the Office Zone district (Main Street Historic District) reflects this community desire. OTHER BOARD ACTION: On August 8, 1989, the Planning and Zoning Commission gave unanimous approval to the proposed code amendment, as written below. The Historic Preservation Committee supports all innovative efforts to provide preservation incentives to property owners, and agreed that this proposal should be adopted. STAFF COMMENTS: In staff's opinion, the applicant's recommended code amendment falls in line with other recently approved incentive provisions. In discussion, however, with Alan Richman and Tom Baker of the Planning Office, concerns regarding land use issues and density have been discussed. While this amendment appears to primarily focus on the historic preservation aspects, by offering yet another incentive to owners of landmarks, the underlying concerns of land use should be considered as well. This incentive may benefit only a few landmarks (approximately four or five in the Office Zone, and probably no more than a dozen elsewhere throughout the city). From a preservation planning point of view, it is a reasonable and appropriate "incentive", with relatively small impact to the overall community in relation to density issues. Alan Richman suggests that it is appropriate for landmarks with a commercial and residential multi -use, provided the resident of the dwelling unit is an employee of the business. This example works for Joe and Suzy Krabacher's specific situation at 706 W. Main St., a 5,000 sq. ft. parcel, until such time as they sell their property. This option will avoid having multiple principal uses on lots which are substantial, thereby limiting impacts on the community. ALTERNATIVES: One alternative to the language the applicant and staff are recommending, that Council may wish to consider, is to require the resident of the dwelling unit to be an employee of the business, making the business use, therefore, accessory to the dwelling unit. Alan Richman feels this is appropriate, taking into consideration both the preservation and land use issues. The HPC, however, feels that the Planning Office should be encouraging innovative preservation incentives, this one notwithstanding. The Planning and Zoning Commission addressed this issue, by weighing the impacts to relatively few landmarks on less -than -minimum size parcels against the potential land use and density impacts. Another alternative would amend only Section 5-213(D)(1) of the Office Zone District, which is more narrow in scope: "Minimum lot size (sq. ft.): 6,000, except for lots of record containing an historic landmark (sq. ft.): 3,000." 2 We have determined that approximately 4-6 properties would receive a benefit from this narrower approach, and recommend the broader preservation incentive, amending the Non -Conformity section. RECOMMENDED MOTION: "Move to read Ordinance , Series of 1989, on First Reading." "Move to approve Ordinance , Series of 1989, on First Reading." CITY MANAGER'S COMMENTS: memo.cc.krabacher.code.amend 3 ASPEN/PITKIN PLANNING OFFICE 130 S. Galena Street Aspen, Colorado 81611 (303) 920-5090 June 22, 1989 Welton Anderson P. O. Box 9946 Aspen, Colorado 81612 RE: 706 West Main Street Historic Designation and Code Amendment Dear Welton, This is to inform you that the Planning Office has completed its preliminary review of the captioned application. We have determined that your application is complete. Welton, Alan has determined that the Code Amendment must be completed prior to the Conditional Use being reviewed. We have scheduled the Historic Designation application for review by the Historic Preservation Committee on Wednesday, June 28, 1989 at a meeting to begin at 4:30 p.m. The Historic Designation and Code Amendment have been scheduled for review by the Aspen Planning and Zoning Commission at a public hearing on Tuesday, August 8, 1989 at a meeting to begin at 4:30 p.m. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to your application is available at the Planning Office. Please be reminded that notice of the public hearing needs to mailed to property owners within 300 feet of the subject property and a sign needs to be posted on each of the properties. If you have any questions, please call Roxanne Eflin, the planner assigned to your case. Sincerely, Debbie Skehan Administrative Assistant B. JOSEPH KRABACHER • P.O. Box 8127 Aspen, CO 81612 June 14, 1989 Aspen/Pitkin Planning Office 130 South Galena Aspen, Colorado 81611 Attention: Roxanne Eflin Re: 706 West Main Street, Aspen, Pitkin County, Colorado Dear Roxanne: This letter will serve as the letter of authorization to allow my representative, Welton Anderson, P.O. Box 9946, Aspen, Colorado 81612 (303-925-4576) to act on my behalf in connection with any and all zoning and land use applications involving 706 West Main Street, Aspen, Colorado 81611 also known as Lot Q and the west 20 feet of Lot R, Block 18, City and Townsite of Aspen, Pitkin County, Colorado. If you have any questions, please feel free to give me a call. Very truly yours, B. Joseph Krabacher BJK/ ch BJK1Q/62 RM6 LJ MATE' -I LINE SEE q • SHFFT 4 W, FRANCIS ST. lllPnq-llll I 11111ilill W. S#AUC Pam I, I im,mirmums.1 MillI!1 2 R-1 5 - - 9 7 0 0 W MAIr' 1300W 91 tMIC*1'(' IItc IJIc IJIC IsIc I.TIc I.it(' I.II( IllC LTI '1C I.TIC ITIC IIAK IJIC ITIC 1-Tic III(' 1_TIl' 111c IJI✓`IJic I.TIC III(- (III I_Itc ITIC IJIC. IJII' 1_TIC Latwyers-ride Insurance • tion NATIONAL HEADQUARTERS RICHMOND VIRGINIA Policy Number 85-01-097598 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, LAWYERS TITLE INSURANCE CORPORATION, a Virginia 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 become 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 stated 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 the Company has caused this policy to be signed and sealed, to be valid when Schedule A is countersigned by an authorized officer or agent of the Company, all in accordance with its By -Laws. L!iy rsTde jnsu a Crporation By: �% o President Attest: Secretary. Policy 85/99 Litho in U S.A Cover Sheet ALTA Owner's Policy Form B 1970 035-0-085/99 0006/3 (Rev 10-17 70 and 10, 17-84) Copyright 1969 CASE NUMBER PCT-2703 1. NAME OF INSURED: B . JOESPH KRABACHER awy�ers i e insurance c oration NATIONAL HEADQUARTERS RICHMOND, VIRGINIA SCHEDULE A-MM'S POLICY DATE OF POLICY AMOUNT OF INSURANCE 12/02/88 @ 2:26 P.M. $ 275,000.00 POLICY NUMBER 85-01-097598 2. THE ESTATE OR INTEREST IN THE LAND HEREIN AND WHICH IS COVERED BY THIS POLICY IS: 3. THE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF POLICY VESTED IN: B. JOESPH KRABACHER LOT Q, AND THE WEST 20 FEET OF LOT R, BLOCK 18, CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO PITKIN COUNTY TITLE, INC. 601 E. HOPKINS AVE. ASPEN, COLORADO 81611 (303) 925-1766 THE POLICY NUMBER SHOWN ON THIS SCHEDULE MUST AGREE WITH THE PREPRINTED NUMIBER ON THE COVER SHEET. ml�l�ml In orm 100 Litho in U S A Latwyers,Tide Insurance@1porafion NATIONAL HEADQUARTERS RICHMOND, VIRGINIA CASE NUMBER DATE OF POLICY POLICY NUMBER PCT-2703 12/02/88 @ 2:26 P.M. 85-01-097598 THIS POLICY DOES NOT INSURE AGAINST LASS OR DAMAGE BY REASON OF THE FOLLOWING: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of eats, 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 sham by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereto - after furnished, imposed by law and not shown by the public records. 5. Unpatented mining claims, reservations or exceptions in patents or in Acts authoriz- ing the issuance thereof; water rights, claims or title to water. 6. Taxes for the year 1988 not yet due or payable. 7. Reservations and exceptions as contained in United States Patent recorded March 1, 1897 in Book 139 at Page 216. B. Terms, conditions, obligations and restrictions as set forth in Aspen City Council Ordinance No. 60 (Series of 1976) designating a Historic District recorded Decez.ber 9, 1976 in Book 321 at Page 51. 9. Deed of Trust from : B. JOSEPH KRABACHER to the Public Trustee of Pitkin County for the use of : SUN SAVINGS AND LOAN ASSOCIATION, IT'S SUCCESSORS ACID OR ASSIGNS to secure : $220,000.00 dated : DECEMB R 02, 1988 recorded : DECE BER 02, 1988 IN BOOK 579 AT PAGE 953 reception no. : 306554 10. Deed of Trust from : B. JOSEPH KRABACHER to the Public Trustee of Pitkin County for the use of : A4 RICAN CELLULAR CORPORATION, A DELAWARE CORPORATION to secure : $20,000.00 dated : DECEMBER 01, 1988 worded : DECIIMBE'R 02, 1988 IN BOOK 579 AT PAGE 959 reception no. : 306555 NOTE: ABOVE DEED OF TRUST RE -RECORDED DECEAlBER 13, 1988 IN BOOK 580 AT PAGE 759, RECEPTION NO. 306850 EXCEPTIONS NUMBERED 1, 2, 3 & 4 ARE HEREBY OMITTED. orm 100 Litho in U.S A EXCLUSIONS FROM COVERAGE The fo!lowirig matters are expressly excluded f�the coverage of this policy: • 1. (a) Governmental police power. (b) Any law, ordinance or governmental regulation relating to environmental protection. (c) Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances)'restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part. (d) The effect of any violation of the matters excluded under (a), (b), or (c) above, unless notice of a defect, lien or encumbrance resulting from a violation has been recorded at Date of Policy in those records in which under state statutes deeds, mortgages, lis pendens, liens or other title encumbrances must be recorded in order to impart constructive notice to purchasers of the land for value and without knowledge; provided, however, that without limitation, such records shall not be construed to include records in any of the offices of federal, state or local environmental protection, zoning, building, health or public safety authorities. 2. Rights of eminent domain unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. CONDITIONS AND STIPULATIONS 1. Definition of Terms The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Company may have had against the named insured, those who succeed to the interest of such insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant"": an insured claiming loss or damage hereunder. (c) "knowledge": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of any public records. (d) "land": the land described, specifically or by reference in Schedule A, and improvements affixed thereto which by law constitute real property; provided, however, the term "land" does not include any property beyond the lines of the area specifically described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right oh access to and from the land is insured by this policy. (a) "mortgage": mortgage, deed or trust, trust deed, or other security instrument. (f) "public records": those records which by law impart constructive' notice of matters relating to said land. 2. Continuation of Insurance after Conveyance of Title The Coverage of this policy shall continue in force as of Date of Policy in favor of an insured so long as such insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from such insured, or so long as such insured shall have liability by reason of covenants of warranty made by such insured in any transfer or conveyance of such estate or interest; provided, however, this policy shall not continue in force in favor of any purchaser from such insured of either said estate or interest or the indebtedness secured by a purchase money mortgage given to such insured. 3. Defense and Prosecution of Actions —Notice of Claim to be given by an Insured Claimant (a) The Company, at its own cost and without undue delay, shall provide for the defense of an insured in all litigation consisting of actions or proceedings commenced against such insured or a defense interposed against an insured in an action to enforce a contract for a sale of the estate or interest in said land, to the extent that such litigation is founded upon an alleged defect, lien, encumbrance, or other matter insured against by this policy. (b) The insured shall notify the Company promptly in writing (i) in case any action or proceeding is begun or defense is interposed as set forth in (a) above, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest, as insured, is rejected as unmarketable. If such prompt notice shall not be given to the Company, then as to such insured all liability of the Company shall cease and terminate in regard to the matter or matters for which such prompt notice is required; provided, however, that failure tc •ify shall in no ca);e prejudice the rights of any such insured under policy unless thA Company shall be prejudiced by such failure an t an only to the extent of such prejudice. (c) The Company shall have the right at its own cost to institute and without undue delay prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as insured, and the Company may take any appropriate action under the terms of this policy, whether or not it shall be liable thereunder, and shall not thereby concede liability or waive any provision of this policy. (d) Whenever the Company, shall have brought any action or interposed a defense as required or permitted by the provision of this policy, the Company may pursue any such litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured hereunder shall secure to the Company the right to so prosecute or provide defense in such action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such insured for such purpose. Whenever requested by the Company, such insured shall give the Company all reasonable aid in any such action or proceeding, in effecting settlement, securing evidence, obtaining witnesses, or prosecuting or defending such action 1pr proceeding, and the Company shall reimburse such insured for any c� expense so incurred. 4. Notice of Loss —Limitation of Action In addition to the notices required under paragraph 3(b) of these Conditions and Stipulations, a statement in writing of any loss or damage for which it is claimed the Company is liable under this policy shall be furnished to the Company within 90 days after such loss or damage shall have been determined and no right of action shall accrue to an insured claimant until 30 days after such statement shall have been furnished. Failure to furnish such statement of loss or damage shall terminate any liability of the Company under this policy as to such loss or damage. 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 insured 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 claimant 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 (is) the amount of insurance stated in Schedule A. (b) The Company will pay, in addition to any loss insured against by this policy, all costs imposed upon an insured in litigation carried on by the Company for such insured, and all costs, attorneys" fees and expenses in litigation carried on by such insured with the written authorization of the ComJoss (c) When liability hast definitely fixed in accordance with the conditions of this policy, or damage shall be payable within 30 days thereafter. CONDITIONS AND STIPULATIONS —CONTINUED 7. Limitation of Liability No claim shall arise or be maintainable 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 encumbrance 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 competent jurisdiction, and disposition of all appeals 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 8. Reduction of Liability All payments under this policy, except payments made for costs. attorneys' fees and expenses, shall reduce the amount of the insurance pro Canto 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 Company may pay under any policy insuring either (a) a mortgage shown or referred to in Schedule B hereof which is a lien on theestateor interest covered bythis policy, cr(b) a mortgage hereafter executed by an insured which is a charge or fienon 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 payment 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 shall 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 parcel$ which are not used as a single site, and a loss is established affecting one or more of said parcels but not all 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. 11. 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 all rights and remedies which such insured claimant would have had against any person or property in respect to such claim had 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 proportion 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 be reason of the impairment of the right of subrogation. 12. Liability Limited to this Policy t,aThis instrument together with all endorsements and other instruments, It 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 include the number of this policy and shall be addressed to its Corporate Headquarters, 6630 West Broad Street, Richmond, Virginia, mailing address: P.O. Box 27567, Richmond, Virginia 23261, ha"ers Title Insurance Corporation National Headquarters — Richmond, Virginia ALLEY BLOCK 18 sway N .-75a 09' 11" W. 4g99' SEr I(oIZ9 C so.00 " XFMR PAD ENC-ROACH ES PARKING P Q -- �T-O�fAt---AREA �5,000 + 5Q • FT. .g LARGE "TREE AL-r I col Z9 W.G C. 0. 3Z' EA5TE R LY OF CORNER ON 16. PROP. L 1 f-JE I-19.9 e" c17-y Motif. 5W BLK. CCF2N mm col I I I � I I I I I � I I I II PLAkaEJ;L. -I ' ' PLANTiEIZ (O.-150 oA� I 1„E.) 49.cP MAIN STREET MOTE: HCCOROING TO COLORHOO LOU YOU IIUST COV ENCE ONY LEGAL DCTION HOSED ICON ONY DEFECT IN THIS SURVEY UITHIN SIX YEHRS RFTER YOU FIRST DISCOVER SUCH DEFECT. IH NO EVENT, SHRLL RHY HCTION DOSED UPON flNY DEFECT IN THIS SURVEY OE COfU9ElNOrO MORE TOM TEN ORS FRN THE DOTE OF 111E CERTIFICflTION SHOUN HEREON. EDC�E OF PAVEMENT 5E'T IGIZ9 S r N O tf a RE -BAR OF Ci RNE� 40.00 _ C1'Ty MOT-4 S E. E3LK. CORNER CU FZB v.1 10 W. 0.077" OO I o zfD 30 Vv O p S LEGEND AND NOTES CALLS I W � ) RECORO ❑ JT I L IT'f pV:pt O WOro P"57' FAA -)"ID OR T SURvEY M CVQ UM EN T A5 DE5G�RI SE D �4 META L. F'EN GE. ® WATER VALVE ---U OVERHEAD UTIUT7 LINE STREET LIGHT 845M OF eEAWNG>5 , Fw"D C.I-r`( Mdp1UMEM7715 , � -15- Obi' 11" E Z(259.9-7 o (-,As CAT V 4 WATEFZ E) EG # rr+Or-iE L__ \A/V (ER5 TITLE I t J5UFZA, , r GOFZp C0MM I-r'M E:K-M - F 3R 1' I-T LE 1 N5UR4NLZ L-Ac,E_ No PC7- - Z-10':j ,DATED WAS USED IN 7-HE PREPARAT 1 CN'j L TH LS 6UFRVEY SEE 13 )C _ >3Z� . ;A? P�1G �I FAR 1-1I�T FZIGAL_ 0E,GIC�IA-r1ON CERTIFICATION THE UNDERSIGNED DOES HEREBY CERTIY THAT THIS SURVEY WAS FIELD SURVEYED DURING--_ Qt ON THE GROUND OF THE PROPERTY LEGALLY DESCRIBLD HEREON, AND 3 CORRECT BASED ON THE FIELD EVIDENCE SHOWN ON THIS PLAT AS FOUND, AND THAT THERE ARE NO DISCREPANCIES, CONFLICTS, ENCROACHMENTS, OVERLAPPING OF IMPROVEMENTS, EASEMENTS OR RIGHTS OF WAY IN FIELD EVIDENCE OR KNOWN TO ME EXCEPT AS HEREON -SHOWN. UNDERGROUND UTILITIES WITH NO VISIBLE ABOVEGROUND VALVE BOXES, MANHOLES, OR OTHER APPURTENANCES, AND DOCUMENTS OF RECORD NOT SUPPLIED TO THE SURVEYOR ARE EXCEPTED..._ DATED THIS th DAY OF L—T 1988. •I TIC"'•• *0 SIGNED: --<-- -c------- '� 0 16129 DAV W. MCBRIDE R.L.S.IGIZ9 �� ,. t: < <; fit' •; e C -t)t RJ � IMPROVEMENT SURVEY OF - THE WEST ZOI LA-r R ANO ALL. OF" LfJT Q , BLJ<G.K 18 L I T'f AND TOWNS ITE O1= AS PEN / P I TK 1 N C.OI�IT�(, GOLrJ�ZAC7p , DA-f'ED 10/19/ae PREPARED BY Aspen Survey Engineers, Inc. 210 S. GALENA ST. P.O. BOX 2506 ASPEN, COLORADO 81612 (303) 925-3816 JOB NO. 18291