HomeMy WebLinkAboutcoa.lu.ex.Horizons III Lot14-Blk2-Snowbunny.Subd.1979
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STATEMENT OF EXEMPTION
FROM THE DEFINITION OF SUBDIVISION
WHEREAS, HORIZONS III, JOINT VENTURE #2, a Minnesota
Joint Venture, is the owner of a parcel of land located in
pitkin County, Colorado, more particularly described as:
LOT 14, BLOCK 2
SNOWBUNNY SUBDIVISION
City of Aspen, State of Colorado
WHEREAS, there is presently under construction on
said property a duplex structure with respect to which the
applicant wishes to separate interests without parcelling the
land on which said structure is situate, and
WHEREAS, there has been made an application for
exemption from the definition of subdivision for such conveyance
of interests pursuant to Section 20-19 of the Aspen Municipal
Code, and,
WHEREAS, the Aspen Planning and Zoning Commission has
determined that such exemption is appropriate provided that:
a. The applicant install separate electric and
water meters.
b. The applicant agrees to enter into an
improvement district for the construction of curb,
gutter and sidewalks should such an improvement
district be formed.
C. Neither of the dwelling units shall be leased
for a period of less than six months except for
two short term rentals per year.
WHEREAS, the City Council has found the proposed
division of interest in the existing structure to be without
the intents and purposes of subdivision regulation provided
that the constraints imposed in subsections a, band c above,
proposed by the Planning and Zoning Co~~ission, be maintained,
THEREFORE, the City Council of the City of Aspen
does hereby determine that the proposed division of interest
in the duplex structure situate on the above-described land
is without the intents and purposes of subdivision regulation,
and does, for such reason, grant an exemption from the
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definition of subdivision for such action,
PROVIDED, HOWEVER, that this grant of exemption shall
at all times be conditioned on compliance by the applicant,
his heirs" assigns and successors in interest, with the
conditions with respect to extension, replacement and contri-
bution to the cost of public improvements and leasing,
itemized in subparagraph a through c above; which conditions
shall be deemed a covenant running with the land and burden
DATED:
the same.
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1.a_y
(/
, 1980.
~~
HERMAN EDEL, Mayor
I, KATHRYN S. KOCH, do certify that the foregoing
Statement of Exemption from the definition of Subdivision
was considered and approved by the Aspen City Council at
its regular meeting held 4~-?~ ;e1?9at which
time the Mayor, Herman Edel, was authorized to execute the same
on behalf of the City of Aspen.
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DECLARATION OF RESTRICTIONS
WHEREAS, HORIZONS III, JOINT VENTURE #2, a Minnesota Joint
Venture, is the owner of certain real property located in pitkin
County, Colorado, more particularly described as:
LOT 14, BLOCK 2
SNOWBUNNY SUBDIVISION
City of Aspen, State of Colorado,
WHEREAS, the owner has been granted an exemption from
subdivision by the City of Aspen for the condominiumization of
a duplex structure located on said real property; and
WHEREAS, said subdivision exemption was conditioned upon
certain restrictions being placed upon said real property;
NOW, THEREFORE, the owner hereby places the following
restrictions upon said real property:
a. Neither of the dwelling units shall be leased
for a period of less than six months, except for two
short term rentals per year.
b. The owners of each unit, whoever they may be
at the time, shall enter into an improvement district
for the construction of curb, gutter and sidewalks
should such an improvement district be formed.
The above restrictions shall run to the benefit of the City
of Aspen and shall not be released or amended except upon the
filing of a written agreement signed by the owners of the property
at the time the agreement is signed and the City of Aspen.
HORIZONS III, JOINT VENTURE #2
By ~~~
GE~LD S. HALEY, its A~orney-
in-Fact
STATE OF COLORADO
ss.
COUNTY OF PITKIN
The foregoing Declaratiof, of Restrictions was acknowledged
before me this ;?}.u./ day of a;{.U~ ' 1980 by
Gerald S. Haley, as AttorneyUin-Fact for Horizons III, Joint
Venture #2, a Minnesota Joint Venture.
Witness my hand and official seal.
Hy commission expires q-II- f3
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12ft Jcw~'
Notary Public
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MEMORANDUM
TO:
FROM:
RE:
DATE:
Aspen City Council
Richard Grice, Planning Office
Horizons III - Subdivision Exemption
September 13, 1979
The attached application requests subdivision exemption for the condominiumiza-
tion of a duplex which is presently under construction on the corner of Snowbunny
Lane and Cemetery Lane (Lot 14, Block 2, Snowbunny Subdivision). The property is
zoned R-15 with a duplex being allowed on parcels in excess of 15,000 square feet.
The City Engineering Department has reviewed this application
approval of the subdivision exemption subject to several comments.
are attached in their entirety for your review.
and recommends
Those comments
Ron Stock has reviewed the application and recommends approval of the subdivision
exemption subject to the property being deed restricted to a six month minimum lease
term with no more than two shorter tenancies in any calendar year. It has been
demonstrated that the property has never been part of the low, moderate or middle
income housing pool by virtue of the fact that the property is currently under
construction and has never been occupied by anyone.
On September 4, 1979, the Aspen Planning and Zoning Commission reviewed this
application and recommended your approval subject to the property being deed
restricted to a six month minimum lease term with no more than two shorter tenancies
in any calendar year, and subject 'to the comments of the City Engineering Department
found in their memo to the Planning Office of August 14, 1979.
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GARI'IEI,]) & HEOHT
AT'l'OnNIlYH AT LAW
VIOTOHTAN HV1JAJU~ B1.TlI,l11NO
001 HAHT HYMAN AVI~Nlln
ABPHN, OOLOUADO fltOll
Tnt.ll:I"'I'C'>NU
(noo) 91H~-HJUO
RONALD OARPIllJ."
ANDREW V. IIEOHT
April 10, 1979
ASHLEY ANDBRSON
OHRUiTOrln~R N, HO~IMBR
ORAIG N, BLOOKWJClK
LYNN O. ALBON
Planning and Zoning Co~~ission
c/o Aspen City Hall
130 S. Galena St.
Aspen, Colorado 81611
Dear Members:
This is an application by Horizons III, Joint Venture
Agreement No. 2 pursuant to Section 20-19 of the Aspen
Municipal Code, as amended, for an exemption from the definition
of the term subdivision for the condominiumization of a
duplex to be constructed on Lot 14, Block 2, Snowbunny Sub-
division. The principals in.the joint venture are Mr. Gerry
Haley, an Aspen resident who will actually construct the duplex,
and his partners, Frank Krohn and Richard Huffman.
The applicants submit since this is merely the subdivision
of a structure which is to be constructed as a duplex, to
require that the applicant proceed through the entire subdivision
procedure would deprive the applicants of the reasonable use
of his land. Furthermore, the applicants submit.that exemption
is necessary for the preservation and enjoyment of his
substantial property right. Finally, the applicants submit
that since, as si:ated above, this is merely a subdividing of
a structure which is to be constructed as a duplex, there
will be no increase in density as a result of the granting
of this exemption and therefore the granting of the exemption
will not be detrimental to the public welfare or injureous
to other property in the area.
with respect to employee housing the applicants submit
that, since this du~lex is yet to be constructed it is axiomatic
that there will be no displacement if the structure is in
fact condominiumized.
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Planning and Zonin~Commisl3ion
April 10, 1979
Page Two
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The location of the structure on the lot as well as a
detailed presentation of the structure are contained in the
building plans attached to this application. Also,attached
to the application is a recent title commitment. The
applicants thank you for your consideration ,and respectfully
request your approval.
Sincerely,
GARFIELD & HECHT
M),~
Ashley Anderson
Mid
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Richard Grice, Planning
Louis Buettner, Engineering/.;"'~~
?,y..-
llorizons Ill, Subdivision Exemption
FROM:
RE:
Dl\TE:
August 14, 19'79
In reviewing this subdivision exemption application for Lot 14,
,Block 2, Snowbunny Subdivision the Engineering'department has
the follo\ving conuuents:
1) The present construction of the duplex will require two drive-
ways. I believe this is a change. in the building that has
not been approved by the City Building department. Reference
should be made to section 19-101 of the municipal code sub-
section "E 1". This section states that residential zoned
districts ,,;hall be allol'led one curb cut (driveway across
city right-of-way) of not more than 18 feet.
2) This being a newly constructed duplex, two electric and two
water meters should be required. There should be a water
shut off loc2,ted outside of t"'e building for each side of
this duplex.
3) The street i~provements of curb, gutter, and sidewalk have
not been constructed. The Engineerin,r department would re-
quest that the applicant (miner) ente~' into an improvement
agreement that would be a covenant on the property.
The Engineering ce8artment could recommend approval of this ap-
plication with tYe follmving restrictions. 'I'hat item 1 and 2
above are addres".ed and corrected during t.he construction. That
item 3, the impre,vement agreement, is recorded be.fore the comple-
tion or sale of the building.
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MEMORANDUM
TO:
FROM:
RE:
DATE:
Aspen City Council
Richard Grice, Planning Office
Horizons III - Subdivision Exemption
September 13, 1979
The attached application requests subdivision exemption for the condominiumiza-
tion of a duplex which is presently under construction on the corner of Snowbunny
Lane and Cemetery Lane (Lot 14, Block 2, Snowbunny Subdivision). The property is
zoned R-15 with a duplex being allowed on parcels in excess of 15,000 square feet.
The City Engineering Department has reviewed this application
approval of the subdivision exemption subject to several comments.
are attached in their entirety for your review.
and recommends
Those comments
Ron Stock has reviewed the application and recommends approval of the subdivision
exemption subject to the property being deed restricted to a six month minimum lease
term with no more than two shorter tenancies in any calendar year. It has been
demonstrated that the property has never been part of the low, moderate or middle
income housing pool by virtue of the fact that the property is currently under
construction and has never been occupied by anyone.
On September 4, 1979, the Aspen Planning and Zoning Commission reviewed this
application and recommended your approval subject to the property being deed
restricted to a six month minimum lease term with no more than two shorter tenancies
in any calendar year, and subject to the comments of the City Engineering Department
found in their memo to the Planning Office of August 14, 1979.
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MEMORANDUM
TO:
FROM:
RE:
DATE:
Aspen Planning and Zoning Commission
Richard Grice, Planning Office
Horizons III Subdivision Exemption
August 30, 1979
The attached application requests subdivision exemption for the purpose of
condominiumization of a duplex which is presently under construction on the
corner of Snowbunny Lane and Cemetary Lane (Lot 14, Block 2, Snowbunny Subdivision).
The property is zoned R-15 with a duplex being allowed on parcels in excess of
15,000 square feet.
The City Engineering Department has reviewed this application
approval of the subdivision exemption subject to several comments.
are attached in their entirety for your review.
and recommends
Those comments
Ron Stock has reviewed the application and recommends approval of the
subdivision exemption subject to the property being deed restricted to a six
month minimum lease term with no greater than two shorter tenancies in any
calendar year. It has been demonstrated that the property has never been part
of the low, moderate or middle income housing pool by virtue of the fact that the
property is currently under construction and has never been occupied by anyone.
The Planning Office recommends you approve the subdivision exemption subject
to the property being deed restricted to a six month minimum lease term with
no more than two shorter tenancies in any calendar year, and subject to the
comments of the City Engineering Department found in their memo to the Planning
Office of August 14, 1979.
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.~MEl-lORANDUM
TO: Richard Grice, Planning
FROM: r,ouis Buet.tner, EnginCeriny~~
RE: Horizons III, Subdivision Exemption
DATE: August 14, 1979
In reviewing this subdivision exemption application for Lot 14,
Block 2, Snowbunny Subdivision the Engineering department has
the following comments:
~) The present construction of the duplex will require iwo drive-
~ays. I believe this is a change in the building that has
not been approved by the City Building department. Reference
should be made to section 19-101 of the municipal code sub-
:~. section "E 1". This section states that residential zoned
, districts shall be allowed one curb cut (driveway across
city right-of-way) of not more than 18 feet.
2) This being a newly constructed duplex, two electric and two
water meters . should be required. There should be a water
shut' off located outside of the building for each side of
this duplex.
3) The street i~provements of curb, gutter, and sidewalk have
not been constructed. The Engineerin,r department would re-
. quest that the applicant (owner) entel' into an improv€men.:t..
i;lgreemelll; tha.t would be a covenant on the property. '-
The Engineering cepartment could recommend approval of this ap-
plication with the following restrictions. That item 1 and 2
above are addressed and corrected during t,he construction. That
item 3, the impre,vement agreement, is recorded before the comple-
tion or sale of t:he building.
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MEMORANDUM
TO: Dave Ellis, City Engineer
FROM: Richard Grice, Planning Office
RE: Horizons III - Subdivision Exemption
DATE: July 25, 1979
Attached please find two copies of improvement survey for the Horizons
III subdivision exemption. This item is scheduled to come before the Aspen
Planning and Zoning Commission on Tuesday, September 4, 1979. Therefore, may
I please have your written comments concerning this application no later than
Monday, August 27, 1979. Thank you.
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GARFIELD Be HEORT
ArTOBNBYS AT LAW
VIOTOJUAN BQUAllE BUILDING
001 BAST HYMAN AVENUB
ASPEN} OOLORADO 81611
RONALD OAllFIBLD
ANDREW V, HEOHT
ASHLEY ANDERSON
OIUUBTOPHER N. SOMMER
ORAIG N, BLOOKWIOK
LYNN 0, AL80N
July 18, 1979
TBLlIPBONB
(000) 92~-1936
Richard Grice
Planning and Zoning Office
City Hall
Aspen, Colorado 81611
Re: Horizons III Condominiums
Dear Richard:
Enclosed please find the Improvement Survey on
the Horizons III Condominiums. You will recall this
is a duplex under construction in the Snowbunny area
and you indicated you could not put it on the P&Z
agenda without an Improvement Survey.
If you have any other questions concerning the
application, please do not hesitate to contact me.
r would appreciate getting on the P&Z agenda as soon
as possible. Thank you very much for your assistance.
Sincerely,
GARFIELD & HECHT
AShl~son
AA:d
Encl.
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PEN
MEMORANDUM
DATE: April 20, 1979
TO: Richard Grice
FROM: Ron Stock
RE: Horizons III Subdivision Exemption
I have reviewed the application for the above-described sub-
division exemption and I recommend approval subject to the
property being deed restricted to a six-month minimum lease
term with no greater than two shorter tenancies in any calen-
dar year.
RWS:mc
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MEMORANDUM
TO: Dave Ellis, City Engineer
Ron Stock, City Attorney
FROM: Richard Grice, Planning Office
RE: Horizons III Subdivision Exemption
DATE: April 17, 1979
Attached please find application for subdivision exemption for a duplex
to be constructed on Lot 14, Block 2, Snowbunny Subdivision.
This item is tentatively scheduled to come before the Aspen Planning
and Zoning Commission on Tuesday, June 5, 1979. I will, however, be out of
town during the week of May 28th and request that your written comments be
received by me no later than Monday, May 21,1979. If you cannot meet this
deadline, please advise me immediately. Thank you.
,
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GARFIELD Be HEOHT
ATTORNBYS AT LAW
RONALD GABPIBLD
ANDREW V; HECHT
ASHLEY ANDBRSON
OHRISTOPHER N, SOMMER
ORAIG N, BLOOKWIOK
LYNN 0, ALBON
VIOTORIAN 8QUABE BUILDING
601 BAST HYMAN AVENUE
ASPEN, OOLORADO 81611
April 10, 1979
nu",PHO~
(30a) 923-1906
Planning and Zoning Commission
c/o Aspen City Hall
130 S. Galena St.
Aspen, Colorado 81611
Dear Members:
This is an application by Horizons III, Joint Venture
Agreement No. 2 pursuant to Section 20-19 of the Aspen
Municipal Code, as amended, for an exemption from the definition
of the term subdivision for the condominiumization of a
duplex to be constructed on Lot 14, Block 2, Snowbunny Sub-
division. The principals in the joint venture are Mr. Gerry
Haley, an Aspen resident who will actually construct the duplex,
and his partners, Frank Krohn and Richard Huffman.
The applicants submit since this is merely the subdivision
of a structure which is to be constructed as a duplex, to
require that the applicant proceed through the entire subdivision
procedure would deprive the applicants of the reasonable use
of his land. Furthermore, the applicants submit that exemption
is necessary for the preservation and enjoyment of his
substantial property right. Finally, the applicants submit
that since, as stated above, this is merely a subdividing of
a structure which is to be constructed as a duplex, there
will be no increase in density as a result of the granting
of this exemption and therefore the granting of the exemption
will not be detrimental to the public welfare or injureous
to other property in the area.
With respect to employee housing the applicants submit
that, since this duplex is yet to be constructed it is axiomatic
that there will be no displacement if the structure is in
fact condominiumized.
...
. ~ ..
Planning qnd Zon~ng Comm~s~~on
April 10, 1979 .
Page Two
The location of the structure on the lot as well as a
detailed presentation of the structure are contained in the
building plans attached to this application. Also attached
to the application is a recent title commitment. The
applicants thank you for your consideration and respectfully
request your approval.
Sincerely,
GARFIELD & HECHT
~,~
Ashley Anderson
AA/d
Encl.
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t:'mmitment
for Title Insurance
(
BET/sw
USllFE Tille Insur.:Jncc Company of D;;ltlas. herein called the Cornpany, for v:lluatJle consideration. hereby commits to issue its policy or policies
of title insurance, as identified in Schedule A, in favor ot the proposed Ins.ured named in Schedule A, as own~r or rnortgag,::e of the estalfJ or
interest covered hereby in the land described or rderred to in Schedule A, upon pa'lment of the premiums and charges therefor; all subject to
the provisions of Schedules A and 8 and 10 the Conditions and Stipulations hereof.
This Commitment s.hilll be effective only when the identity of the proposed Insured and the amount 01 the poli::y or policies commin9'd for have
been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subscqu,,"nt endorsement.
This Commitment is preliminary to the issuance of such poliCY or policies of title insurance and all liability and obligations hereunder shall cease
and terminate ~i)l; (6) months after the effective d3tB hereof or when the policy or policies committed for sh;.Jll issu~. whichever Ii,s! occurs,
provided that the failure 10 issue such policy or policies is not the fault of the Comp,:lnY. This Commitment S~'Ll!l not be valid or binding unlil
countersigned by an authorized officer or agent
Schedule A
1. EfI~ctive da:e Fe b r ua ry
2. Policy or policies to be issued:
6, 19 7 9 Cos. No _~__79 ~.o2 -:-02-_ --
@ 8:00 A.N.
ASPEN TrTiE CO:.IPANY
.,. 925-4444
InqI.Jlr,.~s ulrcc:.!d 10_______
A, ALTA Owner's Policy Proposed Insured
Amount $___________ _________ Premium S
(CONSTRUCTION LOAN)
B. ALTA loan Policy Proposed Insured:
Amount S __l~~_~_~ 0 0 . 0 ~_ _Pr,~mj;J:;\ S __~_~~]~~ 9
Tax Certificate 5.00
THE
AND
EMPIRE SAVINGS, BUILDING
LOAN ASSOCIATION
c.
Amount $_.____~,.__~_.~_ Premium $---
3, The est,,!e or interest in the land described or relerred to in this commitment and covered herein is fee simple and title thereto is
al the effective date he-reof ves!ed in:
ROBERT BLITZ
4, The land referred to in this conunitrnen: is describ::-d <IS fo~lo~\s.
Lot 14,
Block 2,
SNOWBUNNY SUBDIVISION
Pitkin County, Colorado
Schedule B-Section 1 Requirements
The following are the requirements to bl;! -=();-npf;,~d wi:h.
lwm (:1) Payment 10 or for \~\<] account of ,h~ 9r,11'l:0~S or rnortgCl~ors t)f t;!~ full cnn~;dt:'r.-;tlon !0r ti1,) 8':.tZltt! or in:eres: 10 b~ '('sure-c.
Item (b) Propt!r inslrurnent{s) creating the estate or inl.~r(~st to be insured mu5t be (''(Pcu!ed Dnd duly f,led for record, tv.wit:
PLEASE SEE EXHIBIT "A" ATTACHED TO AND HADE A PART HEREOF.
(OVER)
Furmerly D:';t_LAS TITLE AND GU~R)"tH~' COMPM.y
fOrl:\' 1051'::0110MI07.'M-
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Schedule B-Section 2 ExceptionC
The policy or policies to be issued will cont,,;n
Company:
1. Rights or claims of parties in possession not shown by the public records
S.; eet Address of P,opcrty
ell;ceplions to the following unless the same ate disposed of to the satisfaction of th~
2, Easements, or claims of casements. not shOVlIn by the public records.
3. Discrepancies. conllicts in boundary lines, shortage in area, encrO,H;hm.mls. i1nd any facts .....hich a correcl survey and inspection ()f
the premises would disclose and which arc not shown by the public records
4. Any lien, or right to a lien. for services, /<lbor or mate.rial thereTofore or here"fter furnrshed. imposed by law and not shown b"( thn
public records.
5, Defects, liens, encumbrances, adverse claims or other m<lUers, if ,1ny, crealed, first ,1PPCiiring in lh.! public records or aU:1ching sub<;.-~qo{~nt
to the effective d<lte hereof but prior to the d:lle the propos'J'd insured acquires of record for value the c!',tiJ~e or ir.;.~rest or mortg,lgl}
thereon covered by this Commitment.
Exceptions numbered__~______ _______nre hereby omitted
PLEASE SEE EXHIBIT "B" ATTACHED TO AND MADE A PART HEREOF
Conditions and Stipulations
1, The term Hmortg<Jgc:' when used herein. shall include deed of trus!, trust deed. or other sccurily inslrument.
2, If the proposed Insured has or acquires actual kno.....ledge of any defect. lien. encumbrance. adverse claim or other matter atfe-cting
the estate or inTerest or mortgaye thereon covered by this Commitment other than those shown in Schedule B hereof. and Sh,)!f fail ~o
disclose such 'knowledge to the Company in writing, the Company shall be relieved from liability lor any loss or damage resulting from
any aCl of reliance herenn 10 Ihe extent the ComrZlI1Y is nrejurlicf>d by failure to so disclose such knowledGe>, If the proposed Insured
~hC!ll discl0se $u{:h knov,'led~le ~o the Ct)rnpiJfly. or i! the CVIl1P;:;1y OI!1e:wise acqu;rt~s ~C~U<lt 1:'10w1edCp. okmy SUdl (~eff'cl, lien, ('ncun~:::'~.1ncC'.
iHh'crse claim or other m~J11~r, the CO'llpany ;:11 its op:ion m;lY amend Schcdu!e B of this Comrnitll)f.'1'1 vccording1y, but such a;I~\~ndrner~t
shall not lclieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.
3, liability of the Comp,:lnY under this Commitment shall be only to the nrlmed proposed Insured and such parties included under the
definition of Insured in the form 01 policy or policies commilled for and only for actual 105S incurred in reliance hereon in undertaking
in good faith (a) 10 comply with the requirements hereof. or (b) to eliminate exceptions sho......n in Schedule B, or (c) to acquim or create
the estate of interest or mortgage thereon covered by this Commitment. I., no event shall such liability exceed the nmount stilted in Schedule
A for the policy or policies committed for ilod such liability 1S subject to the insurino provisions, exclusion I,om coverage. and the Conditions
and Stipulations of the form 01 policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference
and are made a part of this Commitment except as expressly modi lied herein.
4 Any claim of loss or damage, whether or not based on negligence, and which arises out of the status 01 the title to the e~lale or
interest or the lien 01 the insured mortgage covered hereby or any action asserting such claim, shall be restricted to the provisions and
conditions and stipulations of this commitment,
IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and seJlcd, 10 become valid when countersigned by
an authorized ofllcer or ngent of the Comp;:IJIY, all in accordance with its By-laws, This Commitment is effective as of the d.:t:.e shown
in Sch~dule A as "Effective D<.lte,"
USlIFE Title Insurance Company of Dallas
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EXHIBIT "A" ATTACHED TO AND HADE A PART HEREOF 1179-02-07
Requirements (continued)
(c) Deed from Robert Blitz vesting fee simple title in Jerry Haley.
(d) Deed from Jerry Haley vesting fee simple title in Horizons III,
Joint Venture 02.
(e) Duly acknowledged affidavit setting forth in the name of Horizons III,
Joint Venture 02, as a joint venture and the names of all the joint
venturers and otherwise complying with the requirements of CRS 1973
38-30-166.
(f) Release by the Public Trustee of Pitkin County, Colorado of the Deed
of Trust from Robert Blitz for the use of William Roosevelt to secure
$53,250.00, dated January 27, 1978, recorded February 2, 1978 in Book
342 at Page 941.
(g) Release by the public Trustee of Pitkin County, Colorado or Deed of
Trust from Robert Blitz for the use of First National Bank in Aspen
to secure $50,000.00, dated November 1, 1978, recorded November 22,
1978 in Book 358 at Page 516.
(h) Deed of Trust from Horizons III, Joint Venture 02, to the Public
Trustee of Pitkin County, Colorado for the use of The Empire Savings,
Building and Loan Association to secure $265,000.00.