HomeMy WebLinkAboutcoa.lu.ca.706 W Main St.61A-89
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CASELOAD SUMMARY SHEET
city of Aspen
DATE RECEIVED: 6(14(89
DATE COMPLETE: b ...., 'if'\
PARCEL ID AND CASE NO.
2735-124-45-005 61A-89
STAFF MEMBER: ~"'A.-"'-L
PROJECT NAME: Krabacher Code Am4lnJment
Project Address: 706 West Main Street
Legal Address: Lot 0 and the West 20
& e6ftdi~ieftal Vse
feet of Lot R. Block 18
APPLICANT: B. Josenh 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:
P&Z Meeting Date \\ ~ q;
1 STEP:
2 STEP:
v
PUBLIC HEARING: @
NO
VESTED RIGHTS:
YES
NO
CC Meeting Date ~cJ-S-8C(' PUBLIC HEARING:~ NO
orr~ ~. VESTED RIGHTS: YES NO
Planning Director Approval: Paid:
Insubstantial Amendment or Exemption: Date:
REFERRAIS: '" oV'-l(
City Attorney
City Engineer
Housing Dir.
Aspen Water
City Electric
Envir. Hlth.
Aspen Consolo
S.D.
Mtn. Bell
Parks Dept.
Holy Cross
Fire Marshall
Building Inspector
Roaring Fork
Energy Center
School District
Rocky Mtn Nat Gas
state Hwy Dept(GW)
State Hwy Dept(GJ)
other
DATE REFERRED:
G/~/J1
INITIALS:
iJ/-
FINAL ROUTING:
DATE ROUTED:
INITIAL:
___ City Atty _ City Engineer ___ Zoning
___ Housing other:
Env. Health
FILE STATUS AND LOCATION:
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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 181 City and Townsite of Aspenl
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
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incentive for historic preservation, as supported by the Aspen
Historic Preservation Committee, by allowing permitted and
cohditional uses for designated landmarks which do not meet the
minimum lot area requirements of the zone district; andl
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:
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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 containinq 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
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~, 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 >-./~t'l7e~
, 1989, at 5:00 p.m. in the city Council
Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days
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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
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of the city of Aspen on the =<,7 day of
by
the City Council
a~
1989.
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william L. Stirlingl Mayor
ATTEST:
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Kathryn S. Koch, City Clerk
FINALLY adopted I passed and approved this ~~~ay of
,d,r~'/'I?~
, 1989.
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william L. Stirling, Mayor
ATTEST:
~xlk
Kathryn S. Koch, City Clerk
memo. cc. krabacher. code. amend
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MEMORANDUM
From:
Aspen Planning and Zoning commission
Roxanne Eflin, Planning Office
To:
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 (condi tional use allowed in this zone
district for designated landmarks) in the front portion of the
residence I and live in the rear. That application is pending I
based upon this code amendment.
The applicants wish to have section 9-106, Non-conformities,
amended to read as follows:
C. Historic Lanilmark: A lot i of record containinq an
historic landmark need not meet the minimum lot area
reauirement 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.
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
amending only Section 5-213 (D) (1) of
which is more narrow in scope:
has recommended language
the Office Zone District,
"Minimum lot size (sq. ft.): 6,000, except for lots of
record containinq an historic landmark (Sq. ft.): 3.000."
BACKGROUND: Land Use Code incentives for historic landmarks have
become an extremely fundamental elemerit of Aspen I s preservation
program. We have seen many success~s due to the innovative
provisions drafted for specific and glneral renovation problems.
/
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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 op~n~onl 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 viewI it is a reasonable and appropriate
"incentive", with relatively small impact to the overall
communi ty in relation to density issues. Alan Richman feels
that it is appropriate for landmarks with a commercial and
residential multi-use I 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 al ternati ve 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, c!l.ccessory to the dwelling
unit. Alan Richman feels this is (appropriate, taking into
consideration both the preservation an~:' 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 9-1061 under
"Nonconforming Lots of Record" for approval by ordinance:
C. Historic Landmark: A lot of record containinq an
historic landmark need not meet the minimum lot area
requirement of its zone district to allow the uses that are
permitted and bonditional uses in the district subiect to
the standards and procedures established in Art. 7. Div. 3.
memo.pz.krabacher.code.amend
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MEMORANDUM
Thru:
Aspen city council
Robert S. Anderson, Jr., City Manager
To:
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 Krabacherl
initiators of the code amendment application, own the historic
resource at 706 West Main st'l 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. Tha.t 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 reco:r;d containina an
historic landmark need not meet the m1nimum lot area
reauirement of its zone district to allow the uses that are
permitted and conditional uses in the district sub;ect 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 innova.tive 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
.,-,
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community desire.
OTHER BOARD ACTION: On August 81 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 viewI 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.1 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 I 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 I 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 Districtl which is more narrow in scope:
"Minimum lot size (sq. ft.): 6/0001 except for lots of
record containinq an historic landmark (Sq. ft.): 3.000."
2
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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
Reading."
series of 1989, on First
CITY MANAGER' S COMMENTS:
memo. cc. krabacher. code. amend
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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 Weltonl
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
comp1eted prior to the Conditiona1 Use being reviewed.
We have scheduled the Historic Designation application for review
by the Historic Preservation Committee on Wednesday, June 281
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
--
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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 l8, city and Townsite of Aspen, Pitkin CountYI
Colorado.
If you have any questions, please feel free to give me a call.
BJK/ ch
BJK1Q/62
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Insurance @rporation
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 At against loss or damage. not exceeding the
amount of insurance stated in Schedute -A, .and,costs, attorn~s"fees and expenses which the Company may become
obligated to pay hereunder, sustained or incurre~.by ~e insured by reason of:
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IN WITNESS WHEREOF Ihe Company has caused this policy 10 be signed and sealed, 10 be valid when Schedule A is
countersigned by an authorized officer or agent Of 'the Company. all in accordance with its By~Laws.
L!.w.yemlltle Ins~ @rporation
BY:01MC', J~6V'
Attest: QIiJ. Crf/JJ... ,"'....
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Policy 85/99 Litho in U.S.A.
035-()'085/99-0006/3
Cover Sheet ALTA Owner's Policy Form 8 - 1970
(Rev. '10-17-70and 10-17-84) Copyright 1969
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llICHMOND, VlllGINIA
SCH!llllL! A-atfIA'S POLICY
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CASE NtM3!R
PCT-2703
DATE OJ!' POLICY
12/02/88 . 2:26 P.M.
AM':lUN'l' OJ!' INSURANCE
$ 275,000.00
POLICY NtHII!:R
85-01-097598
1. NAME!: OJ!' INStlRI!:D:
B. JOESPH KRABACHER
2. THE ESTATE OR Ik.r~'T IN THE LAND HEREIN AND WHICH IS COVERED BY THIS POLICY IS:
IN FEE SIMPLE
3. THE ESTATE OR Ikl~-T ~= '1'0 HEREIN IS AT DATE OJ!' POLICY VE$11W IN:
B. J~ KRABACHER
4. THE LAND ~ '1'0 IN THIS POLICY IS DESCRIBED AS FOLJ:.aO/S:
rm Q, AND THE WEST 20 FEET OJ!' rm R, BLOCK 18, CITY AND TCNlSITE OJ!' ASPEN, COONTY OF
PITKIN, STATE OJ!' COLORADO
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PITKIN COONTY TITLE, !NO.
601 E. HOPKINS AVE.
ASPEN, COLORADO 81611
(303) 925-1766
THE POLICY NUMBER SHC:lWN ON THIS SCHEOOLE MUST AGREE WITH THE PREPRINTED NUMBER ON THE
COVER SHEET.
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=orm 100 Ll1ho In U.S.A.
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NATIONAL HEADQUARTERS
RICHMOND. VIRClINIA
samooLE B-OHNERS
CASE NtJ&:R
PC'l'--2703
DATI OF POLICY'
12/02/88 @ 2:26 P.M.
POLICY' !ltMmR
85-Ql-<>97598
'!'HIS POLICY' DOES NO'!' nlStlRE AGAINST LOSS OR DAMAGE BY REASON OF THE ll'OI.I.CMING:
1. Rights or cla1ms of parties 1n possession not shcMn by the public records.
2. 1l'.~ts, or cla1llls of "~ts, not shcMn by the public records.
3. Discx'epancies, conflicts 1n boundary l1rles, shortage 1n area, encroachments, and 8'!rf
facts m1ch a correct SIJrVf!!';{ and 1nspect1on of the prtomi r ss would d1sclose and m1ch
are not shcMn by the public records.
4. Arry lien, or right to a Hen, for services, labor, or _terial heretofore or hereto-
after fum1shlld, i"l'cnd by laH and not shcMn by the public recoIoQs.
5. Unpatented m1n1ng cJ.a1ms. reservations or except10ns 1n patents or 1n Acts author1z-
1ng the issuance thereof; water rights, cJ.a1ms or title to water.
6. T8lles for the year 1988 not yet due or payable.
7. Pnervations and exceptions as canta1ned 1n Un1ted States Patent recol\Jed March 1,
1897 1n BoOk 139 at Page 216.
8. Tenls, cond1tions, obHgations and restrictions as set forth 1n Aspen City Councll
Ordinance No. 60 (Series of 1976) designat1ng a Historic District recorded December
9, 1976 1n BoOk 321 at Page 51.
9. Deed of '!'rust fran : B. JOSEPH KRABI\CHER
to the Public '!'rustee of Pitk1n County
for the use of SON SAVINGS AND LOAN ASSOCIATION.
ASSIGNS
to secure
dated
recorded
reception no.
IT I 5 SUCCESSORS AND OR
$220,000.00
J:lECDmER 02,
DECEMBI!:R 02,
306554
1988
1988 IN BOOK 579 AT PAGE 953
10. Deed of '!'rust from : B. JOSEPH KRABI\CHER
to the Public '!'rustee of Pitk1n County
for the use of AMERICAN CELLULAR CORI?ORATION. A DELAHARE CORPORATION
to secure $20,000.00
dated J:lECDmER 01, 1988
recorded DECIlMBER 02, 1988 IN BOOK 579 AT PAGE 959
reception no. 306555
NOTE: ABOVE DEED OF TRUST RE-RECORDED DECEMBER 13, 1988 IN BOOK 580 AT PAGE 759,
l'ClSV12"J.'ION NO. 306850
EXCEPTIONS NUMBERED 1, 2, 3 & 4 ARE HEREBY CMI'l"l'ED.
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~orm 100 litho in U.S.A.
EXCLUSIONS FROM COVERAGE
The. fOllowilig 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.
(e) Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinancesf 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 wase part.
(d) The effect of any violation of the matters excluded under (a), (b), or (e) 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
(c) The Company shall have the right at its own cost to institute and
The following terms when used in this policy mean: without undue delay prosecute any action or proceeding or t!l do any
(a) "insured": the insured named in Schedule A, and. subject to any other act which in its opinion may be necessary or deSirable to
rights or defenses the Company .may have had .against the na~ed establish the title to the estate or interest as insured. and the Company
insured, those who succeed to the mterest of such msured by operation may take any appropriate action under the terms of this policy,
of law as distinguished from purchase including, but not limited to, whether. or not it shall be liable thereunder, and shall not thereby
heirs, distributees, devise!!s, survivors, personal representatives. next concede liability or waive any provision of this policy.
of kin, .?r corporate ~r fid~?iary s~ccessors. . . .-:;: ~_' (d} Whenever the Company, shall have brought any action or
(b) . Insured claimant: an Insured claiming loss or damaQEt., .:_" interposed a defense as required or permitted by the provision of this
hereunder.. .' " .. ... '" J'>~1r,;::~,,,policy. the Company may pursue any such litigation to final
(~) "knowledge": ac~ual knowledge! not constructive knowledge ,?r .' .. ': d4!termlnation by a court of competent jurisdiction and expressly
notice which may be Imputed to an Insured by reason of any pubhc ~.~....-."': ~eserves the right. in its sole discretion, to appeal from any adverse
records. . ',.,' ':'~-''':~'.iudgment or order.
(d) "land": th~ land describ~. specifically ~r by referenc~ i~,,:' - '(8) In'all cases where this policy permits or requires the Company to
Schedule A. and I'!'provements affixed the~to ,^:,~Ich by Is,,! constltute1 ~~i:;.'.;";.) '~cute or provide for the defense of any action or proc~ding, the
real property; provlde~, however. the term . ~and does .not Include an~, "";~Ii"*,cfi hereunder shall secure to the Company the fight to so
property beyond the hnes of the area speCifically described or referr _. 'f','-.\} p~ute or provide defense in such action or proceeding, and' all
to in ,Schedule A. nor any right. title, interest, estate or easement i Jlt'\\ :i,POitIS'therein, and permit the Company to use. at its option, the
abutting streets. roads, avenues, alleys, lanes, ways or wat..wa~, b. .",:~,JtSf.. II ' ,of such insured for such purpose. Whenever requested by the
nothing herein .shall modify or limit the extent to whicb.,....a rig~t <;':....~':.; ..' -n.'Y+'suCh insured shall give the Company all reasonable aid in
access to and from the land is insured by this policy.'~ .. J';'; . ~Ianlf. action or proceeding, in effecting settlement, securing
(e) "mortgage": mortgage, deed or trust, trust deed, or o~er -"~ e y' e. obtaining witnesses, or prosecuting or defending such action
security instrument. '; .: ,r - ' ding, and the Company shall reimburse such insured for any
(f) "public records": those records which by law impart constructi exp s..~ incurred.
notice of matters relating to said land. .,Of '~:."~ ., .J'-;;:{
Ii -.." .~,-".1
- \a. 4. lIi.lIt-Lo..-Umitlltion of Action
'In addition to the noti..s required unde, paragrsph 3(b) of the..
Concljtiona', 8M Stipulations, 8 s:tatement in writing of any loss or
damage for which it is claimed the Company is liable under this policy
shall b~ furnished to the Company within 90 days after such loss or
damage shall have been determined and no right of 8ction.shaUaccrue
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.
i
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2. Continuation of Inauranee 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 01\,
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. Oefen.. and Prosecution of Actions-Notice of Claim to be
given by an Insured ClaImant
(a) The Company, at its own .cost an~ witho.u~ urydue del~y.. shall
provide for the defense of an Insured en all litigation conslstlOg 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 prom~tly in writing (I) in
case any action orJ)roceeding 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 1018 or
damage for which the Company may be liable by virtue of this policy; or
(iii) if title to the astate or interest, as insured, is rejectedal
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 t~:: - ify ~hall in no
QII prejudice the rights of any such Insured unde ... policy unless
thl Company shall be prejudiced by such failure an t en only to the
extent of such prejudice.
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5. Options to Payor Otherwt.. Settle Claims
The Company shall have the option to payor otherwise settle for or in
the name of an Insured claimant any claim insured against or to
terminate aU liability and obligations of the Company hereunder by
paying or tendering payment of the amount of insurance under this
polley 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.
5. DetermInation .nd Payment of Lo..
(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 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,. attor,:,evs' fees. and
expenses in litigation carried on by such insured With the written
authorization of the ComrU.' ,
(c) When liability has ... . definitely fixed in accordance ,,-=with th
conditions of this policy. . ass or damage shall be payable within 38
days thereafter.
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A
A
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CONDITIONS AND STIPULATIONS-CONTINUED
7. limitetion of Liability
No claim shall arise or be maintainable under this policy (8) 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.
, 1. SUbrogation Upon Payment or Settlement
Whenever the Company shall have settlede claim under this policy, all
right of subrogation shall vest in the Company unaffected by any aetoftha
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
8. Reduction of Liability subrogated to such rights and remedies in the proportion which said
All payments under this policy. except payments made for costs. payment bears to the amount of said loss. If loss should result from any
attorneys. fees and expenses. shall reduce the amount of the insurance act of such insured claimant. such act shall not void this policy, but the
pro tanto. No payment shall be made without producing this policy for Company, in that event, shall be required to pay only that part of any
endorsement of such payment unless the. policy be lost or destroyed. in losses insured against hereunder which shall exceed the amount, if any,
which case proof of such loss or destruction shall be furnished to the lost to t~e Company be reason of the impairment of the right of
satisfaction of the Company. subrogatIon.
.7-.--;....::;;;..-.:.S
9. Liability Nonc"muletiv8 " ':::.. ~--:,::~"""-:::"~:7-'~~
It is expressly understood that the , amount of insurance ~~::':::.,,:::.:,:~'~~
policy shall be reduced by any amount the Company may pay u1iaef.:inf.f:~~---::<-~~::,
policy insu.rin~ eit~er (a) a mortgage ~hown or referred to !n Sc~edule 8k l;:~lI:"''i~f__rty Limited to this Policy
hereof whIch IS a hen on the estateor.,"terest co~ere.dbyth.s.p9.!lcy. cr~L;; ,.'.:rtiis.'!nstrument together with all endorsements and other instruments.
a mortgage he~eafter execut~ by an ,"suredwh!ch IS a chat9. eCrfier1f)i.,,,"., " <;~~"ttached hereto by the Company is the entire policy and contract
the estate or I~terest descrtbed or referred to In Schedu.~ A,,:end N 'i:'~'." the insured and the Company.
amount so paid shall be d~emed a payment under thISdJQ~~. .......A\,0:~ "aim of loss or damage. whether Of not based on negligence. and
Company shall have the option te? apply to the payment (If, tmy . sucli ~"'ises out of the status of the title to the estate or interest covered
!'"ortgages any amountthat othe~wlse would be payable;here~ndertothe f'etebyor any action asserting such claim. shall be restricted to the
Insured owne~ of the estate or Interest covered by thl~ po~y afld t~ >,pr'E" ions and conditions and stipulations of this policy.
~mount so paid shall be deemed a payment under thiS ,p~hc~ to sa~ f' '.< :". ....amendment of or endorsement to this policy can be made except by
Insured owner. tf, if h',' ~r:... g ;;8ndor~ed her~n or attached hereto signed by either the
10 A . t '. ; ~....; { ~, Pr"'ent, a Vice President. the Secretary. an Assistant Secretary. or
If. hPPlonndlondeme~bed' S had I A 't f tw ;';' . 1... I;!: ~.' valie. ting officer or authorized signatory of the Company.
tea. SCfl In cue cons.s s 0 0 or more p~rce. t~, 1'>: j \
which are not used as a single site. anda loss isestablishedaffect.irygQrI4l ..l~' ft,. ~ t:
or more of said parcels but not all, the loss shall be computed al1dse~ ~~':::._.J;' >0'
on a pro rata basis as if the amount of insurance under this pOlicy ~ '-['
divided pro rata as to the value on Date of Policy of each separate parcel to ' ~l"l;;.
the whole. exclusive of any improvements made subsequent to Dat8 of 13. Notlc8s, Where Sent
Policy. unless a liability or value has otherwi~e been agreed ~pon as to ..,A11.notices required to be' given the Company and any statement in
~ach such pa!cel ~y the Company and the Insured at the tl!""e of t!'KtWriting required to be furnished the Company shall include the number of
Issuance ofth.s poltcy and shown by an express statement herein or by ah this policy: and shall be addressed to its Corporate Headquarters. 6630
endorsement attached hereto. West Broad Street. Richmond. Virginia. mailing address: P.O. Box 27567.
Richmond, Virginia 23261.
k,wyers l1tle Insurance G>rporation
National Headquarters - Richmond, Virginia