HomeMy WebLinkAboutcoa.lu.ex.Joffee, Lot 6, Pitkin MesaK�O� - �� - -D-D
--• JOFFEE (1065 Cemetery Lane) _
Lot 6 Pitkin Mesa
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A
loco 104 102 100 98 96
FOUND 4" REDA{Z
W/ NO CAP ( BENT) '• I I / �? " EASi FOUND ZEt3AR W/ PLA. CAP
D(2T MOUND
LOLA JOFFEE
DUPLEX ADDITION
ASPEN COLORADO
7rj' 45' 15' S' 5' O
-,('ALff I" = 10'
5A'�,15 OF 15FAR1W9'2 FOUND MONUMENTS AS 5t1OWN.
PA70M PLANE A55UME ELEVATION EOuAL5 100.01 AT i3ENCH M, t K- A'5- SNOWN.
-MVEYOk'S CEKT)FICATE:
I, JAME-2 F IZE-7ER, HERF-13Y CERTIFY 7MA7 THIS Mr fL'CURA7ELY PEFICTS A SURVEY wvff
UNDER MY SUFEt2V1510N ON JUNE 14, 1`17`I OF LOT Co, PITKIN ME" SUC'�DIVI510N, CITY
OF A'7PEN, COLORA 0.
5 F. RE L S 9 154
ALPINE SURVEYS
P.O. BOX 1730
ASPEN, COLORADO 81611
303.925.2688
5UP-VEYED: G 14 79 i2K.
DRAFTEP , 7 f & 71 12 K.
i2EV1510N5:
TITLE: T0P0(jkA)9t1Y MA'
LOT Co
FITKIN ME5A -70P.
CITY OF ASPEN, COLORADO
J05 NO.: 79 100
CLIENT : VON MUEFZ
Olnuary
Reception n0.
Recorded at 3:50PM 29, 1980 Loretta Banner Recorder
STATEMENT OF EXEMPTION
FROM THE DEFINITION OF SUBDIVISION OKJ��?"AL- 3
WHEREAS, LOLA JOFFEE, is the owner of a parcel of
land located in Pitkin County, Colorado, more particularly
described as:
Lot 6
Block 1
PITKIN MESA SUBDIVISION
WHEREAS, there exists on said property a single
family structure on a duplex lot on which the applicant
wishes to construct a duplex structure and separate the
interest therein without parceling the land on which said
structure is situate (i.e. condominiumize), 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. Neither of the existing dwelling unit or
the additional unit to be constructed shall be
leased for a period of less than 6 months except
for two short term rentals.
b. The owner shall provide an overhead utility
and pole easement for all overhead utilities in
a location on the subject property to be designated
by the owner.
WHEREAS, the City Council has found the proposed
division of interest in the existing structure and the
structure to be built to be without the intents and purposes
of subdivision regulation provided that the constraints
imposed in subparagraphs a and b above, proposed by the
Planning and Zoning Commission, be maintained,
THEREFORE, the City Council of the City of Aspen
does hereby determine that the proposed division of interest
0 0
90" 8? f'Ai 864
in the duplex structure to be construced on the above -
described land is without the intents and purposes of sub-
division regulation, and does, for such reason, grant an
exemption from the definition of subdivision for such action,
PROVIDED, HOWEVER, that this grant of exemption shall
at all times be conditioned on compliance by the applicant,
her heirs, assigns and successors in interest, with the
conditions with respect to leasing and easements itemized
in subparagraph a and b above; which conditions shall be
deemed a covenant running with the land and burden the same.
DATED: , 19�.
HERMAN EDEL
I, KATHRYN S. KOCH, do certify that the foregoing
Statement of Exemption for the definition of Subdivision
was considered and approved by the Aspen City Council at its
regular meeting held �� , �� r%9 at which
time the Mayor, HERMAN EDEL, was authorized to execute the same
on behalf of the City of Aspen.
KATHRYN S.
WC
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ellml*poOm
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Recprded at 3;51PM January 297 1980 Loretta Banner Recorder
COVENANTS Reception# 2;ZJL414.
LOLA JOFFEE (Covenantor), for herself, her heirs,
executors, administrators, and assigns hereby covenants with the
City of Aspen, Pitkin County, Colorado, that:
1. She is the owner of the following described
property together with the improvements thereon:
Lot 6, Block 1
Pitkin Mesa Subdivision
2. The above -described property shall be restricted to
six (6) month minimum leases with no more than two (2) shorter
tenancies in any calendar year.
3. The covenants contained herein may be changed,
modified or amended by the recording of a written instrument
signed by the record owners of the property and the Mayor of
the City of Aspen pursuant to a vote taken by the City Council.
4. The covenants contained herein are to run with the
land and shall be binding on all parties and all persons claiming
under them for a period of fifty (50) years from the date these
covenants are recorded, after which time, the covenant contained
in paragraph two (2) shall be automatically extended for
successive periods of ten (10) years, unless an instrument signed
by the record owners of the property and the Mayor of the City
of Aspen pursuant to a vote taken by the City Council has been
recorded which changes said covenant, in whole or in part, or
which releases the same.
IN WITNESS WHEREOF, this Declaration has been
duly executed this 7 day of y ,19 .
A JOF
�7 �cj
STATE -OF COLORADO )
ss.
COUNTY V.F-- PITKPN )
c,The foregoing instrument was acknowledged before me
a tkyips day of c. 19 C� by Lola Joffee.
WITNES my h nd and offic a seal.
My Commission expires:,j-
Nota y ublic
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'MEMORANDUM
TO: Richard Grice, Planning Office w
FROM: Daniel A. McArthur, City Engineer
RE: Joffee Subdivision Exemption, Lot G, Pitkin Mesa Subdivision
DATE: November 28, 1979
After having reviewed the survey plat for the second time for the
above subdivision exemption and having made a site inspection the
Engineering Department recommends the following:
1) The owner/applicant shall agree to this 10' utility easement
and so deed restrict in the statement of exemption.
2) Owner/applicant shall not remove any trees with trunk diame-
ters of 6" or more for any new additions as per section 13-76
of the municipal code of the City of Aspen, Colorado, and so deed
restrict in the statement of exemption.
3) The owner/applicant shall agree to enter into a sidewalk
improvement district in the event one is formed and so deed restrict.
in the statement of exemption.
The Engineerinc Department recommends approval for the above sub-
division exemption subject to the owner/applicant correcting the
above conditions.
•
MEMORANDUM
TO: Aspen City Council
FROM: Richard Grice, Planning Office`"'
RE: Joffee Subdivision Exemption
DATE: November 19, 1979
Zoning: R-15
Location: 1065 Cemetery Lane (Lot 6, Pitkin Mesa Subdivision)
Lot Size: Approximately 16,872 square feet
Rental History: There is only one unit in existence and the second unit
is yet to be constructed. The existing unit has been
owner occupied for the last 18 months.
Engineering
Comments: The Engineering Department recommends approval subject to
(1) the revision and resubmittal of a survey plat to
include a number of changes, (2) the owner/applicant providing
overhead utility easements and pole easement for the overhead
utilities located on Lot 6, (3) the owner/applicant not
removing any tree trunks of 6" in diameter or more in
accordance with Section 13-76 of the Municipal Code. (The
above three conditions are found in the Engineering Department's
memo of October 30, 1979, which is attached for your review.
The fourth condition was added verbally by Dan McArthur at
the Planning and Zoning Commission meeting.) (4) the owner/
applicant shall agree to enter into a curb, gutter and side-
walk improvement district in the event one is formed for the
area.
Attorney's
Comments: "I recommend approval of the above described subdivision
exemption subject to the six month minimum lease restriction
of Section 20-22 of the Code."
Planning Office
Recommendation: Approval subject to the six month minimum lease restrictions
of Section 20-22 and subject to the owner /applicant correcting
the four conditions suggested by the City Engineering Department
prior to scheduling this item on the next City Council agenda.
P and Z
Recommendation: Approval subject to the six month minimum lease restrictions
of Section 20-22 and subject to the owner/applicant correcting
the four conditions suggested by the City Engineering Department
prior to scheduling this item on the next City Council agenda.
• MEMORANDUM •
TO: Aspen Planning and Zoning Commission
Aspen City Council
FROM: Richard Grice, Planning Office
RE: Joffee Subdivision Exemption
DATE: October 31, 1979
Zoning: R-
Location: 1065 Cemetery Lane (Lot 6, Pitkin Mesa Subdivision)
Lot Size: Approximately 16,872 square feet
Rental
History: There is only one unit in existence and the second unit is vet
to be constructed The existing unit has been owner occupied
for the last 18 months.
Engineering
Comments: See attached memorandum to the Planning Office dated October 30,
1979.
Attorney's
Comments "I recommend approval of the aboV'� described subdivision exemption
subject to the six month minimum rental restriction of Section 20-22
of the Code." _
Housing
Director's
Comments: (Application preceeded appointment of Housing Director.)
Planning Office
Recommendation:Approval subject to the six month minimum lease restriction of
Section 20-22 and subject to the owner/applicant correcting the
three conditions suggested by the City Engineering Department
prior to scheduling of this item on the next City Council agenda.
Pand Z
Recommendation:
MFMnDZ11 nT7M
TO: Richard Grice, Planning Office
FROM: Daniel A. McArthur, City Engineer
RE: Joffee Subdivision Exemption, Lot 6, Pitkin Mesa
Subdivision
DATE: October 30, 1979
After having reviewed the survey plat for the above subdivision
exemption and having made the site inspection the Engineering
Department recommends the following:
1. The owner/applicant shall revise and resubmit the survey plat
to include the following:
A. Show dimensions and the center line of Cemetary Lane.
B. Change 20' utility easement to read "20' utility and road
easement" as per amended Pitkin Mesa Subdivision plat in plat
book #4, page 190.
C. Change 20' road easement to read "20' utility and road
easement" as per amended Pitkin Mesa Subdivision plat in plat
book #4, page 190.
2. Owner/applicant shall provide overhead utility easements and
pole easement for all overhead utilities on lot 6.
3. Owner/applicant shall not remove any trees with trunk diameters
of 6" or more for new proposed addition unit B and garage as
per section 13-76 of the Municipal Code of the City of Aspen,
Colorado.
The Engineering Department recommends approval for the above sub-
division exemption subject to the owner/applicant correcting the
above conditions under items 1, 2 and 3 prior to being placed on
the next City Council agenda.
•
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CITY OF ASPEN
130 south galena Street
aspen, Colorado "81611
MEMORANDUM
DATE: October 4, 1979
TO: Richard Grice
FROM: Ron S ock S
RE: Joffee Subdivision Exemption
I recommend approval of the above -described subdivision exemption
subject to the six month minimum rental restriction of Section 20-
22 of the Code.
RWS:mc
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MEMORANDUM
TO: Ron Stock, City Attorney
Dan McArthur, City Engineer
FROM: Richard Grice, Planning Office
RE: Joffee Subdivision Exemption
DATE: September 20, 1979
Attached please find application for subdivision exemption for the condominium-
ization of a duplex. This item is scheduled to come before the Aspen Planning
and Zoning Commission on Tuesday, November 6, 1979. Therefore, may I please
have your written comments concerning this application no later than Monday,
October 29, 1979. Thank you.
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The printed portions of this form approved ST the I
Colorado Neal Estate Cosemissioa 19C I�•12.7T1
RECEIPT AND OPTION CONTRACT
(RESIDENTIAL)
May 19, 19 79
RECEIVED FROM Lola-Joffee
- - -- --- -- --- ------------- — --- ----
Purchaser (aFjoif►t2otaat►ts), the sum of in the form of�r�471t1L1�1�—
to be held by ASpCn/Western _ _ & Real ty. D6V_Co__ ------ -y broker, in his escrow or trustee account,
as earnest money and part payment for the following described real estate situate in the
County of_Pitkin—,Colorado,towit:
Lot #6, blk 1, Pitkin Mesa Subdivision,
Pitkin County, Colorado
with all improvements thereon and all fixtures of a permanent nature currently on the premises except as hereinaf-
ter provided, in their present condition, ordinary wear and tear excepted, known as No. 1065 CPme a ry I.an P, _
-AUena Colorado
which property purchaser agrees to buy upon the following terms and conditions, for the purchase price of
ice. QQ0.00 , payable as follows: $ 20, Mn _ nn hereby receipted for, $ 80, nnn - n0
upon delivery of the deed. The balance of $125,000.00 secured by a first deed
of trust held by the seller. Payable as follows: annual payments, interest only,
at 11% per annum. The first payment due November 1, 1980; no pre -payment penalty
on the principal balance. Principal due on or before November 1, 1985.
The seller agrees to subordinate to a construction and/or permanent loan not
to exceed $125,000.00.
Cost of any appraisal for loan purposes to be obtained after this date shall be paid by Se 1-1
to and trust deed or mortgage is to be assumed, the purchaser agrees to apply for a loa 1
required and purchasers loa���
�thete�rms
and (2) an interest
rate not to exceed __.—rlo per annum. If thption is required, this contract is
expressly conditioned u uc conuch loan except as
Ifa secured or unsecured loan is to be carried by the seller, seller shall not be obligated to carry said loan for any
person or entity in lieu of the purchaser named herein.
2. Price to include any of the following items currently on the premises: Lighting, heating and plumbing fixtures;
all outdoor plants, window and porch shades, venetian blinds, storm windows, storm doors, screens, curtain rods,
drapery rods, central air conditioning, ventilating fixtures, attached TV antennas, attached mirrors, linoleum,
awnings, water softener (if owned by seller), fireplace screen and grate, built-in kitchen appliances, wall to wall
carpeting as---CurXRatLy_-in- use.
all in their present condition, free and clear of all taxes, liens and encumbrances except as provided in paragraph 4;
provided, however, that the following fixtures of a permanent nature are excluded from this sale:
living room �dxaoes_. _
3.-Arr abstract -of title ty said property, certified -to date, or a current commitment for title insurance policy in an
amount equal to the purchase price, at seller's option and expense, shall be furnished the purchaser on or before
QCtQb�T_15__ 19_24. If seller elects to furnish said title insurance commitment, seiler will
deliver the title insurance policy to purchaser after closing and pay the premium thereon.
4. Title shall be merchantable in the seller, except as stated in this paragraph and in paragraph 10. Subject to
payment or tender as above provided and compliance with the other terms and conditions hereunder by purchaser,
the seller shall execute and deliver a good and sufficient general warranty deed to said purchaser on
November 1 _—, 19 29 - or, by mutual agreement, at an earlier date, conveying said property free and
clear of all taxes, except the general taxes for 1914— payable January 1, 19 0— and except
free and clear of all liens for special improvements now installed, whether assessed or not; free and clear of all liens
and encumbrances except easements for telephone, electricity, water and sanitary sewer, and except
-the-iirs_t deed of trust held by cPller
and subject to building and zoning regulations, and restrictive covenants of record.
Any encumbrance required to be paid may be paid at the time of settlement from the proceeds of this transaction
or from any other source.
5. General taxes for the year of closing shall be apportioned to date of delivery of deed based on the most recent
levy and the most recent assessment. Prepaid rents, water rents, sewer rents, FHA mortgage insurance premi4ms
and interest on encumbrances, if any, and pa ellexs- ----
shall be apportioned to date of delivery of deed.
No. SC 20-12.77. Receipt and Option Contract (Residential) Bradford Publishing Co., 1846 Stout Street, Denver, Colo. (673-5011)
Ia :.w. I — -,
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6. The ho„i r and place of rinsmEC shall be as dAspen/Western Realty & Dev. Co. -- _ -- _ -- _—_-•
7. Possession of premises shall he delivered to purchaseron - the deilYiry of th��fxd----,--.—_-
subject to t he following leases or truancies:
If the Keller fails to deliver possession on the date herein specified, the seller shall be subject to eviction and shall be
liable for it daily rental of $ 1 OO. 00 until possession is delivered.
K. In the event the premises shall be damaged by fire or other casualty prior to time of closing, in an amount of not
more than ten per cent of the total purchase price, the seller shall be obligated to repair the same before the date
herein provided for delivery of deed. In the event :,uch damage cannot be repaired within said time or if such damage
shall exceed such sum, this contract may be cancelled at option of purchaser. Should the purchaser elect to carry out
this agreement despite such damage, such purchaser shall be entitled to all the credit for the insurance proceeds
resulting from such damage, not exceeding, however, the total purchase price. Should any fixtures or services fail
between the date of this agreement and the date of possession or the date of delivery of deed, whichever shall be
earlier, then the seller shall he responsible for the repair or replacement of such fixtures or services with a unit of
similar size, age and quality, or an equivalent credit.
9. Time is of the essence hereof, and if any payment or any other condition hereof is not made, tendered or
performed as herein provided, there shall be the following remedies. In the event a payment or any other condition
hereof is not made, tendered or performed by the purchaser, then this contract shall be null and void and of no effect,
and both parties hereto released from all obligations hereunder, and all payments made hereon shall be retained on
behalf of the seller as liquidated damages. In the event that the seller fails to perform any condition hereof as
provided herein, then the purchaser may, at his election, treat the contract as terminated, and all payments made
hereunder shall be returned to the purchaser; provided, however, that the purchaser may, at his election, treat this
contract as being in full force and effect with the right to an action for specific performance and damages.
10. Except as stated in paragraph 4, if title is not merchantable and written notice of defect(s) is given by the
purchaser or purchaser's agent to the seller or seller's agent within the time herein provided for delivery of deed and
sliall not be rendered merchantable within 30 days after such written notice, then this contract, at purchaser's option,
shall be void and of no effect and each party hereto shall be released from all obligations hereunder and the payments
made hereunder shall be returned forthwith to purchaser upon return of the abstract, if any, to seller; provided
however, that in lieu of correcting such defect(s), seller may, within said 30 days, obtain a commitment for Owner's
Title Insurance Policy in the amount of the purchase price reflecting title insurance protection in regard to such
defect(s), and the purchaser shall have the option of accepting the then existing insured title in lieu of such
merchantable title. The seller shall pay the full premium for such owner's title insurance policy, and the abstract, if
any, shall be returned by the purchaser.
II. Additional provisions: '1'his contract is expressly contingent upon the purchaser
obtaining the permits necessary to expand the existing premises to a duplex.
The expansion of the premises may begin anytime after the sellers acceptance
of this contract.
All necessary permits will be obtained on or before November 1, 1979.
The purchaser's earnest money will be placed in an interest -bearing account
until closing.
12. If this proposal is accepted by the seller in writing on or before .J_Ine 19 1GY9 this
instrument shall become a contract between seller and purchaser and shall inure to the benefit of the heirs,
successors and assigns of such parties.
Agent Aspen/Western Realty & Dev. Co.
i, u aser Date
Lola. Jo e i �0 Box 4867
" � i' Aspen,_SO 816 1
_ � L
Nurch�err - ------ -- -------------- [late
8y: ��/7
James E. von Breuer
Seller accepts the above proposal this _ Uth day of June 1979 and agrees
to pay a commission of A _%of the gross sales price for services in this transaction, and agrees that, in the event of
forfeiture of payments made by purchaser, such payments shall be divided between the seller's broker and the seller,
one-half thereof to said broker, but not to exceed the commission, and the balance to the seller.
d y
(/ r
Dougle B. Kermo• ` d r Lorraine Kermode si°•r
Purchaser's Address _PO _Box 1741,_Aspen, C70 81611 925-2214
Seller's Address PO Box_,151, Aspen, CO 81611 925-3319
All parties have b5oa- advised to consult their lawyers on this contract.
Douglas B. Kerm'de
Lorraine Kermode /.5r_ 79
Lola J o f f e e
UAIFE TITLE INSURANCE Company of Dallas
Commitment
for Title Insurance
RH/sw
USUFE Title Insurance Company of Dallas. herein Called the Company, for valuable consideration, hereby commits to issue its policy or policies
of title Ins,uance, as identified in Schedule A. in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or
interest covered hereby in the land described or referred to Iri Schedule A, upon payment of the premiums and charges therefor, all subject to
the provisions of Schedules A and B and to the Conditions and Stipulations hereof
This Commitment shall be effective only when the Identity of the proposed Insured and the amount of the policy or policies committed for have
been Inserted in Schedule A hereof by the Company. either at the time of the issuance of this Commitment or by subsequent 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 six (6) months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs
provided that tho failure to Issue such policy or policies is not the fault of the Company. This Commitment shall not be valid or binding until
cuuntersrgned by an authorized offlcar or agent
ASPEN TITLE COMPANY
SOwilule A 79-07-39 925-4444
1 Effr•r uve date June 28, 1979 Case No Inquiries directed to _
2 Policy or pullcles to he Issued @ 8.00 A.M.
A Al TA Owner's Policy Pruprsl-d Insured Amount $ 225,000.00 Premiums _ - 555.75
Tax Certificate 5.00
LOLA JOFFEE
B ALTA Luan Policy Proposed Insured Amount $ 125,000.00 Premium c 20.00 __—
DOUGLAS KERMODE and LORRAINE KERMODE
C Amount $ _ Premium $
3 The estate or interest In the land described or referred to In this commitment and covered herein Is fee simple and title thereto is
at the effective date hereof vested In
DOUGLAS KERMODE and LORRAINE KERMODE
4 The land referred to in this commitment Is described as follows.
Lot 6,
Block 1,
PITKIN MESA SUBDIVISION
11 Pitkin County, Colorado
Schedule B—Section 1 Requirements
The following are the requirements to be complied with:
Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured.
Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to -wit:
1. Deed from Douglas Kermode and Lorraine Kermode vesting fee simple title
in Lola Joffee.
2. Deed of Trust from Lola Joffee to the Public Trustee of Pitkin County,
Colorado for the use of Douglas Kermode and Lorraine Kermode to secure
$125,000.00.
(OVERI
Formerly DALLAS TIT I P AND GUARANTY COMPANY FORM 105 (COI 10MI077H
r Schedule B—Section 2 Exceptions i
Street Address of Property 0 _
The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the
Company:
1. Rights or claims of paftw% in pos,essurrl not shown by the public records
2. Easements, or claims cif easements, not shown by the public records
3 Discrepancies, conflicts in boundary lines shortage m area encroachments and any facts which a correct survey and inspection of
the premises would disclose and which are nut shown by the public reeurds
4 Any hen, or fight to a lien. for services, latxu or imiter,al theretofore or hereafter furnished, imposed by law and not shown by the
public records.
5. Defects, liens, encumbrances. adverse claims or other matters, it any, created. first appearing in the public records or amichmg subsequent
to the effective date hureof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage
thereon covered by this Commitment
Exceptions numbered - 0 — are hereby mrmitted
6. Taxes due and payable: Tax Certificate shows 1978 taxes due in the amount of
$47.18.
7. Reservations and exceptions as contained in United States Patent recorded in Book
55 at Page 5 as follows: rights to ditches and reservoirs used in connection with
water rights and right of the proprietor of a vein or lode to extract and remove
his ore therefrom, should the same be found to penetrate or intersect the premises
hereby granted.
8. Road and utility easement 20 feet in width over and across westerly portion of
subject property and 10 foot utility easement as shown on and dedicated on amended
plat of said subdivision recorded in Plat Book 4 at Page 190.
9. Terms, conditions, obligations and restrictions as set forth in Protective
Covenants for Pitkin Mesa Subdivision recorded December 22, 1965 in Book 217
at Page 508.
Conclrtrunti and Stipulations
t The term 'n1Ur1giigC," when used herein, shall include deed of trust, trust deed. or other security instrument.
2 If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting
the estate or interest fir mortgage thereon covered by this Commitment other than those shown in Schedule B hereof. and shall fail to
disclose such knowledge to the Company in writing. the Company shall be relieved from liability for any loss or damage resulting from
any act of relianca hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured
%hall disclose such knowledge to the Company. or if the Company otherwise acquires actual knowledge of any such defect. lien, encumbrance,
adverse cl,nnl or other platter, the Conipany at its option may amend Schedule B of this Commitment accordingly, but such amendment
shall not icheve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.
3 Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the
definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking
in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create
the: estate of interest or mortgage thereon covered by this Commitment la no event shall such liability exceed the amount stated in Schedule
A for the policy or policies committed for and such liability is subject to the insuring provisions. exclusion from coverage, and the Conditions
and Stipulations of the form of 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 modified herein.
4 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 or the lien of 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 sealed, to become valid when countersigned by
an authorized officer or agent of the Company, all in accordance with its By -Laws. This Commitment is effective as of the date shown
in Schedule A as "Effective Date."
14]PA1, - LISLIFE Title Insurance Company of Dallas
Presrdenr 8 Ch,el f.ecubve O/beer
Arrest Lieu a Vrce President Seoerery cad 1"64—e,
- . _
A — A S ed ,yn r r
e u e
crctClC A,(..fir /ilk- 7C/-e7_,3c/ ���.7�
V�.:�
Certificate that Taxes are Paid to Date
ATE OF COLORAllO
Sti.
Pitkin County
--A..., the undersiined------------- ! 7..------- -------------------------------
hereby certify that there are no Taxes due and unpaid upon the lands described below,
l no Tax Sales of said land unredeemed, except as below stated:
TAX LIENS
WHEN SOLD
AMOUNT SOLD FOR
AMOUNT NECESSARY
TO REDEEM
—
PART OF SECTIONS OR LOT
Section or
Lot
Towo$Wp
or Bock
RaoRe or
Add,t,on
D"
Month
Year
Doom
Cts.
Dolls"
Cts.
f,a
47�
,
Witness any hand, this ------•••. .. • /=S•-----•-•-------•day of--•-•-... .�:�� 19.- .L
,S �! 71 --------- } ---
r/ ✓ C nry'rreasur�r.
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MEMORANDUM
TO: Aspen City Council
FROM: Richard Grice, Planning Office`"
RE: Joffee Subdivision Exemption
DATE: November 19, 1979
Zoning: R-15
Location: 1065 Cemetery Lane (Lot 6, Pitkin Mesa Subdivision)
Lot Size: Approximately 16,872 square feet
Rental History: There is only one unit in existence and the second unit
is yet to be constructed. The existing unit has been
owner occupied for the last 18 months.
Engineering
Comments: The Engineering Department recommends approval subject to
(1) the revision and resubmittal of a survey plat to
include a number of changes, (2) the owner/applicant providing
overhead utility easements and pole easement for the overhead
utilities located on Lot 6, (3) the owner/applicant not
removing any tree trunks of 6" in diameter or more in
accordance with Section 13-76 of the Municipal Code. (The
above three conditions are found in the Engineering Department's
memo of October 30, 1979, which is attached for your review.
The fourth condition was added verbally by Dan McArthur at
the Planning and Zoning Commission meeting.) (4) the owner/
applicant shall agree to enter into a -curb, gutter and side-
walk improvement district in the event one is formed for the
area,
Attorney's
Comments: "I recommend approval of the above described subdivision
exemption subject to the six month minimum lease restriction
of Section 20-22 of the Code."
Planning Office
Recommendation: Approval subject to the six month minimum lease restrictions
of Section 20-22 and subject to the owner /applicant correcting
the four conditions suggested by the City Engineering Department
prior to scheduling this item on the next City Council agenda.
P and Z
Recommendation: Approval subject to the six month minimum lease restrictions
of Section 20-22 and subject to the owner/applicant correcting
the four conditions suggested by the City Engineering Department
prior to scheduling this item on the next City Council agenda.
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MEMORANDUM
TO: Richard Grice, Planning Office
FROM: Daniel A. McArthur, City Engineer
RE: Joffee Subdivision Exemption, Lot 6, Pitkin Mesa
Subdivision
DATE: October 30, 1979
After having reviewed the survey plat for the above subdivision
exemption and having made the site inspection the Engineering
Department recommends the following:
1. The owner/applicant shall revise and resubmit the survey plat
to include the following:
A. Show dimensions and the center line of Cemetary Lane.
B. Change 20' utility easement to read "20' utility and road
easement" as per amended Pitkin Mesa Subdivision plat in plat
book #4, page 190.
C. Change 20' road easement to read "20' utility and road
easement" as per amended Pitkin Mesa Subdivision plat in plat
book #4, page 190.
2. Owner/applicant shall provide overhead utility easements and
pole easement for all overhead utilities on lot 6.
3. Owner/applicant shall not remove any trees with trunk diameters
of 6" or more for new proposed addition unit B and garage as
per section 13-76 of the Municipal Code of the City of Aspen,
Colorado.
The Engineering Department recommends approval for the above sub-
division exemption subject to the owner/applicant correcting the
above conditions under items 1, 2 and 3 prior to being placed on
the next City Council agenda.
I
r
'MEMORANDUM
'TO: Richard Grice, Planning Office
FROM: Daniel A. McArthur, City Engineer
RE: Joffee Subdivision Exemption, Lot G, Pitkin Mesa Subdivision
DATE: November 28, 1979'
After having reviewed the survey plat for the second time for the
above subdivision exemption and having made a site inspection the
Engineering Department recommends the following:
1) The owner/applicant shall agree to this 10' utility easement
and so deed restrict in the statement of exemption.
2) Owner/applicant shall not remove any trees with trunk diame-
ters of 6" or more for any new additions as per section 13-76
of the municipal code of the City of Aspen, Colorado, and so deed
restrict in the statement of exemption.
3) The owner/applicant shall agree to enter into a sidewalk
improvement district in the event one is formed and so deed restrict.
in the statement of exemption. .
The Engineerinc Department recommends approval for the above sub-
division exemption subject to the owner/applicant correcting the
above conditions.
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SEP 20 1979
ASPEN / PITKIN Ci
PLANNING OFF',.`c