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HomeMy WebLinkAboutcoa.lu.ec.Turley Lot Split.1984-EC-04119q- 6c*6q ILJ C� CITY OF ASPEN LAND USE APPLICATION FORM 130 south galena street aspen, colorado 81611 303-925 -2020 DATE SUBMITTED FEES NAME Daniel B. Turley, Jr. and Pamela B. Turley ADDRESS P.O. Box 1829, Aspen, CO 81612 PHONE 925-4072 NAME OF PROJECT Turley Lot Split PRESENT ZONING R 6 LOT SIZE 15,917 LOCATION See attached description (indicate street address, lot and block number. May require legal description. A vicinity map is very useful.) CURRENT BUILD -OUT sq. ft. 1 single family units PROPOSED BUILD -OUT sq. ft. 1 additional single units DESCRIPTION OF EXISTING USES 1 residential unit DESCRIPTION OF LAND USE PROPOSAL see attached letter TYPE OF APPLICATION lnt -'= lit APPLICABLE CODE SECTION (S) 20-19 (a) (1) (2) and (3) ; 24-11.2 (d) PLAT AMENDMENT REQUIRED _ YES X NO DATE PRE -APPLICATION CONFERENCE COMPLETED ATTACHMENTS: 1. All applicants must supply Proof of Ownership in the form of a title insurance commitment or statement from an attorney indicating that he/she has researched the title and verifies that the applicant is the owner of the property (free of liens and eucumbrances.) 2. If the process requires a public hearing, a Property Owner's List must be supplied which gives all owners within 300 feet in all directions in some cases and adjacent owners in some cases. 3. Number of copies required (by code and/or in pre -application conference.) 4. Plat by Registered Surveyor X Yes No kRARD H. PE.M A N P. E . L.S. ASSOCIATED WITH SURVEY ENGINEERS, INC. EL>:SBLGG- 21 P.O.GALENA P.o. F3ox 2505 ASPEN. COLO.• 81611 Dec. 29, 1 9 8 3 PHON EE 303-92&-3816 Job No. 13319 P 1 oi' 2 Turley A parcel of land situated- in the SE1 /4 NE- 1 /! o= Sec. 12, '1 G R85W of the 6th. P.M., being part of Blocks 91 and 02 , ^ir� Street, Hallam's Addition, described as folio,:s_ Beginning at the Southwest corner of the Weste--1;: :pact property -as shown on the Subdivision Exception_ :'a- of tie Murphy Associates, Inc. Property as recorder: it ?_;:� �nok 10 at Page 56 of the Records of Pitkin County, wnen,�t:le as+. 1/4 corner of said Sec. 12 (A 1954 B.L.M. Brass Gap! se =rs •=0?°27' ! 7" i 1024.74'.. Thence North 120.001 to the Northwest corn -el- of Tract; Thence hest 1 . 53' ; Thence North 0.74' to a Southerly corner of ;,__a raker' c�escri-;,ec: in Book 411 at Page 514 of the Records of Thence blest 32.061 along the Southerly bouNc_aI oprocer`j described in said Book 411 at Page 514; Thence N88011' 00"W 35.331 along the Sou t?:erl.y ^ ,nag_ y ,)r. , e property described in said Book 411 at Pa,;- 51 Thence South 7.061 along the Southerly bout .ia_• .^e t=.rcaert� described in said Book 411 at Page 514; Thence L•lest 65.001 along the Southerly rt;; described in said. Book 411 at Pa;;e 514 to Roaring. Fork Road; Thence along the Easterly line of Roaring I Grk Ra e -�71 ?•our? i a non -tangential curve to the left havi:?­, a _ a :_ _ _ the chord of which bears S00°1 4' 51 "id 2.87' ; Thence South 113.671 along the East line of 3: a_ __.:; �' Via:;•_; to the North line 'of Gillespie Avenue, bei n� 6-1 North line of Block 100, Hallam's Addition; Thence N89015'18"E 133.921 along the dor`.ii line o_ Avenue to the Point of Beginning. Containing 0.365 Acre:: more or le s. Together with an access easement be ins, prtr described in Book 411 at Page 514, described aS 17^11.: Beginning at the Southwest corner of the n?•c.:�—t': d-,sr'I- -d iP. Book 411 at Page 514 of the Record:; of Pit! _in Pad cf 2 Thence radius 7.06' aloe._, the arc of a curve to tie ri-,'i-I .:avir:- a of 332.?_8' , the chord of -which hear3 0 S' ; Thence Fast 64.871; Thence South 7.061; Thence test 65.001 to the Point of Beginnin;. w 466 BOOK !r.J-4 1 (v -D �n© x W U1 CD zV w 01 M -® o z ;Qm v M dr. cal L m � DECLARATION OF COVENANTS, RESTRICTIONS AND CONDITIONS FOR THE TURLEY SUBDIVISION TELEO J. CAPARRELLA and ANGELINA F. CAPARRELLA (the "Covenantors"), Owners of a parcel of real property (and the improvements thereon) situate in the City of Aspen, Pitkin County, more particularly described on the attached Exhibit "A" which is incorporated herein by this reference, also known as 330 W. Gillespie, Aspen, Colorado, (the "Property") for themselves individually and for their personal representatives, successors and assigns, in consideration for the granting of an exception from the full subdivision process for the purpose of a lot split and a GMP exemption permitting construction of a single-family house on the newly formed lot of the following described property, hereby covenant with the City of Aspen, Pitkin County, Colorado, to restrict said property, and hereby does restrict said property as follows: 1. Covenantors represent that they are record title owners of the following described property, situate in the City of Aspen, Pitkin County, Colorado, together with the improvements located thereon: See attached Exhibit "A" which is incorporated herein by this reference, also known as 330 W. Gillespie, Aspen, Colorado 81611. 2. A park dedication fee if required by the City at the time shall be paid upon construction of a new dwelling at the same rate charged to similar developments. 3. No further subdivision beyond the lot split may be granted for these lots nor more than one additional single family dwelling shall be built without receipt of applicable approvals pursuant to Chapter 20 and an allocation pursuant to Section 24-11.1 of the Aspen City Code. POOH �}6 . A 7 t1 4. In the event that any municipal improvement or improvements of a kind contemplated in Section 20-16 of the Municipal Code of the City of Aspen, as amended, became, in the sole judgment or discretion of the City Counsel of the City of Aspen, necessary or desirable to the area of the above described property, covenantors will make no objection to any special assessment or special tax or proceeding therefor on the basis that the property is adequately served by existing improvements and/or on the basis that the premises will not be served or benefited by the improvement or improvements proposed. Covenantors further agree to join, upon the demand therefor by the City, any special improvement district, urban renewal district, or downtown development district formed for the construction of such improvements (including, without limitation, signage, drainage, underground utilities, paved streets and alleys, planting, curbs, gutters, sidewalks, street lights, traffic circulation, trails recreation facilities, parking, etc.) in the area of the above -described property or to reimburse the City of Aspen directly upon demand therefor if the City should choose to construct these improvements without the formation of such a district. 5. The covenants contained herein shall run with the land and shall be binding on all parties having any right, title or interest in the above -described property or any part thereof, and their heirs, representatives, successors and assigns. 6. None of the covenants contained herein shall be released or waived in any respect or modified or amended during the period they are binding without the prior consent of the City of Aspen reflecting the Resolution of the City Council of the City of Aspen. IN WITNESS WHEREOF, this declaration has been duly executed this _ -xd day of lyaLl 1984. r Teleo'J. Caparrella -2- Boo, 466 P;,st-474 A elina F. Caparrella STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing document was acknowledged to before me this �"� day of , 1984, by Teleo J. and Angelina F. Caparrella. WITNESS my hand and official seal. p My Commission expires: Address:Notary Public 'Ni.�r i -3- BOOK Exhibit A A parcel of land situated in the SE1/4fEB1/4 of9Sec. 12, and T10S, R85W of the 6th P.M., being pao Third Street, Hallam'.s Addition described as follows: corner of the Westerly Tract of Beginning at the Southwest property as shown on the Subd vis9on-eon co-de&1MalF, Plat Book 10 Murphy As auciates , 111c . Ps_ at Page 56 of the records of 1kI.�AA.CBrass Cap) S67°'1.7/47"F corner of said Sec. 12 (a 1954 B.L.K. 1024.74'; Thence North 120.00' to the Northwest corner of said Westerly Tract; Thence West 1.53'; property described Thence North 0.74' to a Southerly corner of the pro p Y in Book 411 at Page 514 of the records of Pitkin County; Property Thence West 32.06' along the Southerly boundary of the prop Y described in said Book 411 at Page 514; of the Thence N88'11'00"W 35.33' along the Southerly boundary property described in said Book 411 at Page 514; ro ert Thence South 7.06' along the Southerlyboundaryof the p P Y described in said Book 411 at Page 514; o ert Thence West 65.00' along the Southerly boundary of the property described in said Book 411 at Page 514 to the Easterly line of Roaring Fork Road; line of Roaring Fork Road 2.87' around Thence along the Easterly a non -tangential curve to the left having a radius of 332.28', the chord of which bears S00°14'51"W 2.87'; Thence South 113-67' along the East line of Roaring Fork Road to the North line of Gillespie Avenue, beiT.g 65' North of ille ►lortI-, line of Block 100, Hallam's Addition; Thence N89'15'18"E 133.92' along the North line of Gillespie Avenue to the Point of Beginning. County of Pitkin, State of Colorado .4 W LOOK 4f F4. ��W- v z IM mCJ1 o t O° CJ1 p rn 3 am c y cc m STATEMENT OF EXCEPTION FROM THE FULL SUBD&IISION PROCESS FOR THE PURPOSE OF A LOT SPLIT TELEO J. CAPARRELLA and ANGELINA F. CAPARRELLA (the "Covenantors") are Owners of a parcel of real property (and the improvements thereon) situate in the City of Aspen, Pitkin County, more particularly described on the attached Exhibit "A" which is incorporated herein by this reference, also known as 330 W. Gillespie, Aspen, Colorado, (the "Property"). WHEREAS, Owner has requested an exception from the full subdivision process for the purpose of a lot split and a GMP exemption permitting construction of a single-family house on the newly formed lot on the subject property; and WHEREAS, the City Council determined at its meeting of April 2, 1984, that such exception was appropriate and granted the same, subject, however, to certain conditions; NOW, THEREFORE, the City Council of Aspen, Colorado, does determine that the Owner's application for exception from the full subdivision process for the purpose of a lit split and a GMP exemption permitting construction of a single-family house on the newly formed lot is proper and hereby grants an exception from the full subdivision for such lot split and a GMP exemption permitting construction of a single-family house on the newly formed lot; PROVIDED, HOWEVER, that the foregoing exception is expressly conditioned upon: (1) the Owners recording (contemporaneously herewith) with the Pitkin County Clerk and 0 0 gou 466 tv,%470 Recorder that "Declaration of Covenants, Restrictions and Conditions for the Turley Lot Split, dated May 2, 1984, and (2). the Owners strict compliance for itself, its successors and assigns, with the provisions contained therein and all other binding conditions of approval on this matter set by the City Council (3) Owners joining any future improvement districts in the event they are formed. DATED this day of 1984 ayor APPRO TO FORM: Paul J. Tad e, City Attorney I, KATHRYN S. KOCH, do hereby certify that the foregoing Statement of Exception from the Full Subdivision Process for the Purposes of a Lot Split and for the construction of a single-family house on the newly formed lot was considered and approved by the Aspen City Council at its regular meeting held April 2, 1984, at which time the Mayor, William L. Stirling, was authorized to execute the same on behalf of the City of Aspen. o r• � o '•l., llll•gl.11 �•. �' �7 Kathryn S Koch, City Cler - 2 - Exhibit A A parcel of land situated in the SE1/4fE1/4 Blo o f9lSec. 32, and T10S, R85W of the 6th P.M., being part o Third Street, Rallam'.s Addition described as follows: Beginning at the Southwest corner of the Westerly Tract of >r<;perty as shoHn on the Subdivision Excpeti.on Map of the C. F. rded Murphy Jissociat;e� • Aric. Property as wain Plat: Book 10 at Page 56 of the records of Pitkin ounCy, S �•siicncc t.tie Fact- l A corner of said Sec. 12 (a 1954 B.L.M. Brass Gap) bears 1024.74'; to the Northwest corner of said Westerly Tract; Thence Korth 120.00' Thence West 1.53'; Thence North 0.74' to a Southerly corner of the property described in Book 411 at Page 514 of the of nofotheyproper.t:y Thence West 32.06 Southerly along the Y boundary described in said Book 411 at Page 514; of. the Thence N88`11'00"W 35.33' along the Southerly boundary property described in said Book 411 at Page 514; o ert Thence South 7.06' along the Southerly boundary of the property described in said Book 411 at Page 514; Thence West 65.00' along the Southerly boundary of the property described in said Book 411 at Page 514 to the Easterly line of. Roaring Fork Road; line of Roaring Fork Road ?_.87' around Thence along the Easterly a non -tangential curve to the left having a radius of. 332.28`, the chord of which bears SOOhe4EastWlig .87of Roaring Fork Road too Thence South 113.67' along the North line of Gillespie Avenue, being 65' tdorth of 1--he North line of Block 100, Hallam's Addition; Thence N89*15'18"E 133.92' along the North line of Gillespie Avenue to the Point of Beginning. County of Pitkin, State of Colorado 1� • -f HAGMAN YAW ARCHITECTS, LTD 22 March 1984 Ms. Collette Penne City of Aspen Planning 130 South Galena Aspen, Colorado 81611 Re: Turley Lot Split Dear Collette: This letter is to inform you of Daniel B. and Pamela B. Turley's intended access to the above mentioned property. Please disregard last letter to Jay Hammond. The access will be constructed off of Roaring Fork Road a minimum of twenty five feet from the corner where Roaring Fork Road and Gillespite Street intersect. This will be noted on the final plat survey. Sincerely, Hagman Yaw Architects, Ltd 0O1 , Doug GYaybea Associate Partner DG:sv cc: Jay Hammond 210 SOUTH GALENA SUITE 24 ASPEN COLORADO 81611 303.925.2867 CITY OF ASPEN 130 south galena street aspen, colorado 81611 303-925 -2020 MEMORANDUM TO: COLETTE PENNE, Planning Department FROM: JIM HOLLAND, Director of Parks,"�- DATE: March 22, 1984 RE: TURLEY LOT SPLIT ACCESS - TREES 9Qn A MAR 2 2 ASPEN / PITKfN CO. PLANNING Off",,: ' �rwT..r In response to Jay Hamnond's memo of March 20 regarding the Turley Lot Split Access, I would add the following comments. Firstly, I would definitely not be inclined to approve a permit for removal of the conifers along the Gillespie frontage. Secondly, I would heartily recom- mend against consideration being given which would require the removal of the lower branches of these trees. While trimming of this sort can be done without endangering the health of the tree, in my opinion it cannot be done without destroying the natural beauty and symmetry of the species. (Attempts at this are normally referred to as "butchering".) As far as functional use of the property goes, if I were going to be living in a house situated on Lot 1, I would be excessively protective of every limb on those trees. With 3rd Street running northward directly into this lot the way it does, I'd be thankful to have their protection from all of that traffic, not to mention all of those headlights. I strongly recommend using the Roaring Fork Road access alternative. Thanks. • • CITY OF ASPEN 130uth galena street asp colorado 81611 03-925 -2020 MEMORANDUM DATE: February 14, 1984 TO: Colette Penne, Planning Office FROM: City Attorney RE: Turley Lot Split FB 131984 ASPEN / PITKIN CO We have reviewed your memo and its enclosures of January 26 and have these comments: 1. The City record should reflect a formal grant of exemption from the GMP quota under Section 24-11.2(d). 2. A statement of exception should be submitted by the appli- cant's counsel, if Council approves the lot split. 3. The applicant should verify the application on the record (Section 20-19(d)), and state facts warranting the grant of an exception (i.e. not merely recite the law as set forth in Section 20-19(c)). 4. Perhaps an engineering report under Section 20-9(a) is war- ranted. We'll defer to you and/or engineering on that. 5. Perhaps Council will want the applicant's agreement to join a sidewalk improvement, etc. district for neighborhood improve- ments. 6. The plat should comply with Sections 20-15 and 20-16 (and, you may want to have Engineering address the setbacks of existing strutures -- is there a non -conformity that needs to be addressed?) 7. A park dedication fee will be required under Section 20-18 (a)(3), for the added buildout. 8. Has proof of ownership been provided? BDE/mc E • MEMORANDUM TO: Colette Penne, Planning Office FROM: Jay Hammond, City Engineering r� DATE: February 14, 1984 RE: Turley Lot Split ------------------------------------------------------------- Having reviewed the above application, and made a site inspection, the City Engineering Department has the following comments: 1. The application refers to Daniel B. and Pamela B. Turley. The owner's and attorney's certificates on the plat should contain both names if the property is owned by Daniel and Pamela. 2. Prior to recordation, the following items should be added to the plat: a. There are several very large trees on the property that will require City approval to remove. All the large trees should be shown on the plat. b. Indicate the date the survey was performed. C. The City Council approval certificate should be amended to read ". . . approved by the City Council on the day of , 1984, and signed this day of , 1984." 3. There exists an irrigation ditch in the Roaring Fork Road right-of-way. This ditch should be indicated on the plat and any new access to lot one from the Roarking Fork Road will require a culvert by the owner. JW/co 'j FEB 1 19 f ASPEN / PI i KN CO. PLANNING OFFICE 0 T0: FROM: DATE: RE: MEMORANDUM Colette Penne, Planning Office Jay Hammond, City Engineering March 20, 1984 "MAR2 6. _1 ASPEN / PITKIN CO. PLANNING OFFICE Turley Lot Split Access --------------------------------------------------------- I have received a letter and site survey from Doug Graybeal of Hagman -Yaw Architects regarding proposed access to lot one of the Turley Subdivision. The survey, indicates a minimum twenty- five foot setback for access purposes from the southwest corner onto either Gillespie or the Roaring Fork Road frontages. The setback on the Gillespie frontage would place the access in the area of several good-sized trees in, and adjacent to, the right-of-way. All of these trees are of sufficient size to require City permission for removal. I would suggest that the City would not be inclined to permit removal of the trees in this area, particularly those in the right-of-way and that there is therefore no adequate point of access on the Gillespie frontage other than the opening between the large trees adjacent to the easterly property line. We would further point out that the opening between the trees adjacent to the easterly lot line of lot one is probably the only location on the Gillespie frontage that is sufficiently offset from the intersection with Third Street to eliminate confusion for drivers approaching the inters- ection from the South. This location would require substantial removal of the lower tree limbs on both trees to allow access between them. Perhaps Jim Holland should comment as to how much this would damage the trees. T would suggest that from a technical standpoint, access should be limited to anywhere along the Roaring Fork Road frontage more than 25 feet from the southwest property corner or the area on the Gillespie frontage between the two large trees adjacent to the easterly property line. Should the Park Director express concern regarding trimming the trees, however, this may be limited to just the Roaring Fork Road frontage. JH/co 00 ,N MEMORANDUM TO: Aspen City Council FROM: Colette Penne, Planning Office RE: Turley Lot Split DATE: February 27, 1984 APPROVED AS TO FORM: LOCATION: A parcel being part of Blocks 91, 92 and Third Street, Hallam's Addition (the northeast corner of the inter- section of Roaring Fork Road and Gillespie Street) ZONING: R-6 APPLICANT'S REQUEST: A subdivision exception for the purpose of a lot split and a GMP exemp- tion permitting construction of a single-family house on the newly - formed lot. REFERRAL COMMENTS: The City Attorney's Office commented that the City record should reflect a formal grant of exemption from the GMP quota under Section 24-11.2(d); a statement of subdivision exception will be required if the lot split is approved; applicant should agree to join future improvement districts; the plat must comply with Section 20-15 and 20-16; and the applicant is alerted that there will be a park dedication fee at the time of con- struction. The City Engineering Department made the following points: "l. The application refers to Daniel B. and Pamela B. Turley. The owner's and attorney's certificates on the plat should contain both names if the property is owned by Daniel and Pamela. 2. Prior to recordation, the following items should be added to the plat: a. There are several very large trees on the property that will require City approval to remove. All the large trees should be shown on the plat. b. Indicate the date the survey was performed. C. The City Council approval certificate should be amended to read ". . . approved by the City Council on the day of , 1984, and signed this day of , 1984." 3. There exists an irrigation ditch in the Roaring Fork Road right-of-way. This ditch should be indicated on the plat and any new access to lot one from the Roaring Fork Road will require a culvert by the owner." PLANNING OFFICE REVIEW: The minimum lot area requirement in the R-6 zone is 6,000 square feet. The total size of this parcel is 15,917 square feet, and the resultant lot sizes after subdivision will be 9,496 square feet and 6,421 square feet. There are non -conforming structures on the lot (in terms of set- backs) but this lot split does not increase that non -conformity. A subdivision exception, pursuant to Section 20-19 is appropriate for this division of land. The shortened procedure allows the property owner the reasonable use of his land and the enjoyment of a substantial MEMO: Turley Lot Split February 27, 1984 Page Two property right. The granting of the exception will not be detrimental to the public welfare or injurious to other property in the area. The development of the subsequent lots will be limited to single-family dwellings, unless an exemption is received for an employee unit or a free-market unit is granted through Residential GMP competition. A GMP exemption is being requested per Section 24-11.2(d) for the con- struction of one single-family dwelling. This is allowable since the lot is being formed after November 14, 1977, and this parcel meets the conditions of: 1. The tract of land which was subdivided had a pre-existing dwelling unit; 2. No more than two lots are being created by the subdivision; and 3. The lot under consideration has not previously been the sub- ject of an exemption from GMP provisions or a "lot split" exception or exemption pursuant to Section 20-19. PLANNING OFFICE RECOMMENDATION AND COUNCIL ACTION: The Planning Office recommends the following action: "I move to approve subdivision exception for the purpose of a lot split of the parcel described on the "Turley Subdivision" plat and to further approve a GMP exemption (per Section 24-11.2(d)) for the construction of a single-family house on the newly -formed lot with the following conditions: 1. Applicant must record a Statement of Subdivision Exception which is approved as to form by the City Attorney's Office. 2. Applicant must agree to join any future improvement dis- tricts in the event they are formed. 3. The subdivision plat must conform to Sections 20-15 and 20- 16 and be approved by the City Engineering Department prior to recordation. 4. A park dedication fee will be required for construction of the new house. 5. The four plat changes outlined in the Engineering Department memo of February 14, 1984, must be made prior to recordation of the subdivision plat. 6. The subdivision plat must indicate that no further subdivision may be granted for these lots nor additional units be built without receipt of applicable approvals pursuant to Chapter 20 and an allocation pursuant to Section 24-11.1." 1 0 February 20, 1984 City of Aspen City Hall 130 South Galena St. Aspen, CO 81611 Gentlemen: The undersigned being the record owners of the property described in Exhibit "A" attached hereto, join in an application for a lot split by Daniel B. Turley and Pamela B. Turley of that property into 2 separate single family lots. Daniel Turley has full authority on our behalf to make such application. Sincerely, pr o Cy Telco �. Ca arrella Angelina F. Caparrella MICR 4 5 1984 ASPEN / PiTKIN CO. PLANNING OFFICE l t F I !r 6 y{.�} � i y. t f t; .� ."yx .� +� �• �� M M rw ',t': i(}��i}y +'�A Exhibit "A" A parcel of land situated in the SEA NEIt of Sec. 12, T10S, R35W of the 6th P.M., being part of Blocks 91 and 92 and Third Street, Hallam's addition, described as follows: Beginning at the Southwest corner of the Westerly Tract of property as shown on the Subdivision Exception Map of the C. F. Murphy Associates, Inc. Property as recorded in Plat Book 10 at Page 56 of the Records of Pitkin County, whence the East 'k corner of said Sec. 12 (A 1954 B.L.M. Brass Cap) bears S67'27'47"E 1024.74'; Thence North 120.00' to the Northwest corner of said Westerly Tract; Thence West 1.53'; Thence North 0.74 ' to a Southerly corner of the property described in Book 411 at Page 514 of the Records of Pitkin County; Thence West 32.06' along the Southerly boundary of the property described in said Book 411 at Page 514; Thence N88°11'00'W 35.33 ' along the Southerly boundary of the property described in said Book 411 at Page 514; Thence South 7.06 ' along the Southerly boundary of the property described in said Book 411 at Page 514; Thence West 65.00' along the Southerly boundary of the property described in said Book 411 at Page 514 to the Easterly line of Roaring Fork Road; Thence alon- the Easterly line of Roaring Fork Road 2.87' around a non tangential curve to the left having a radius of 332.28', the chord of which bears S00° 14'51"W 2.87'; Thence South 113.67' along the East line of Roaring Fork Road to the North line of Gillespie Avenue, being 65' North of the North line of Block 100, Hall.am's Addition; Thence N89°15'18"E 133.92' along the North line of Gillespie Avenue to the Point of Beginning. ' ,`Am"i,) r'O"Land Title Association Commitment ',r /°u`un�� u u�~ ' V. ' COMMITMENT FOR TITLE INSURANCE ISSUED BY STEnT TITILE GUARANTY COMPANY _ ^ . , , STEVVART TITLE GUARANTY COMPANY, ATexas Corporation, herein called the Company, for ' valuable consideration, hereby commits to issue its policy or policies oftitle insurance, as identified in Schedule A'infavor ofthe proposed Insured named inSchedule A'aoowner ornnortgageanfthaestate or interest covered hereby inthe�|anddescribed orreferred to inSchedule A. upon paynmnntofthe . prerniurnsand charges therefor; all uubioottothepr6vidons�ofSchedules Aand Band tuthe ��onditions Stipulations hereof. ' and ' u� This Commitment shall be effective only when the identity of the proposed Insured and the amount ' of the policy or policies committed for have beaninsarted inSchedule A hereof bvthe Company, ' either at the time ofthe 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 months after the effective date hereof ' or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies isnot the fault ofthe Company, This Commitment shall not be � valid or binding until countersigned by an authorized officer or agent. ^ - IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to ' become valid when countersigned by an authorized officer oragent uf the Company, all in accordance � with its By'LavvsThis Commitment iyeffecdvoayofthe date shown inSchedule Aas"Effective Data.^ � /. STENVAR][ TITLE ' GUARANTY COMPANY * Chairman of the Board President San, fit ,.^ /""^m' �m 11 • SCHEDULE A Order Number: 11987 C3 ,. Effective date: January 10, 1984 at 8:00 A.M. 2. Policy or Policies to be issued: A. ALTA Owner's Policy Proposed Insured: Daniel B. Turley, Jr. and Pamela B. Turley B. ALTA Loan Policy Proposed Insured: C. C • Commitment Number Amount of Insurance s 575,000.00 Tax Certificate s S Premium $1,098.25 5.00 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: Teleo J. Caparrella and Angelina F. Caparrella 4. The land referred to in this commitment is described as follows: See Exhibit "A" attached v A orized ountersignature Page 2 S'I'1 «r 1ZT TITEE' GUARANTY COMPANY 1652 (20M-4-83) CONTINUATION SHEET SCHEDULE A -No. 4 Order Number: 11987 C3 Commitment Number: Exhibit "A" A parcel of land situated in the SE14 NEk of Sec. 12, T10S, R85W of the 6th P.M., being part of Blocks 91 and 92 and Third Street, Hallam's Addition, described as follows: Beginning at the Southwest corner of the Westerly Tract of property as shown on the Subdivision Exception Map of the C. F. Murphy Associates, Inc. Property as recorded in Plat Book 10 at Page 56 of the Records of Pitkin County, whence the East 34 corner of said Sec. 12 (A 1954 B.L.M. Brass Cap) bears 567*27'47"E 1024.74'; Thence North 120.00' to the Northwest corner of said Westerly Tract; Thence West 1.53'; Thence North 0.74 ' to a Southerly corner of the property described in Book 411 at Page 514 of the Records of Pitkin County; Thence West 32.06' along the Southerly boundary of the property described in said Book 411 at Page 514; Thence N88°11'00"W 35.33 ' along the Southerly boundary of the property described in said Book 411 at Page 514; Thence South 7.06 ' along the Southerly boundary of the property described in said Book 411 at Page 514; Thence West 65.00' along the Southerly boundary of the property described in said Book 411 at Page 514 to the Easterly line of Roaring Fork Road; Thence along the Easterly line of Roaring Fork Road 2.87' around a non tangential curve to the left having a radius of 332.28', the chord of which bears S00° 14'51"W 2.87'; Thence South 113.67' along the East line of Roaring Fork Road to the North line of Gillespie Avenue, being 65' North of the North line of Block 100, Hallam's Addition; Thence N89015'18"E 133.92' along the North line of Gillespie Avenue to the Point of Beginning. Page 2A STENVAR"T '1'I'1`Ll; GUARANTY COMPANY 0055 1 SCHEDULE B —Section 1 Order Number: 11987 C3 Commitment Number: 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 he insured must be executed and duly filed for record to -wit: 1. Deed or evidence of proper legal proceedings, approved by Stewart Title Guaranty Company, disposing of the interests of the following persons and companies and their heirs and/or assigns: (a) W. C. Mitchell (b) The Hallam Land Company or all members of its last Board of Directors, if dissolved 2. Evidence satisfactory to Stewart Title Guaranty Company, furnished by the Office of the Director of Finance, City of Aspen, that the real estate transfer tax pursuant to city ordinance No. 20 (Series of 1979, has been paid or that conveyance is exempt from said tax. 3. Deed from vested owner, vesting fee simple title in purchaser(s). Page 3 %.-4TEN ART TITY I': 1653 (20M-4-83) GUARANTY COMPANY • SCHEDULE B — Section 2 Exceptions Order Number: 11987 C3 Commitment Number: 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 parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public recordsor attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Any and all unpaid taxes and assessments. 7. The effect of inclusion in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 8. Exceptions and Mineral Reservations as contained in Patent to Aspen Townsite recorded March 1, 1897 in Book 139 at Page 216 as Reception No. 60156. Exceptions numbered are hereby omitted. 1654 (25M 3-83) Page 4 STEWART TITLE GUARANTY C014PAVY • MEMORANDUM TO: �C� y Attorney �y Engineer FROM: Janet Weinstein, Planning Office RE: Turley Lot Split DATE: January 26, 1984 Attached for your review is the material submitted by Andrew V. Hecht on behalf of Pamela B. Turley for review for approval of a lot split of property located on the northeast corner of Roaring Fork Road and Gillespie Street in Aspen. This item has been scheduled for review by the Aspen City Council on February 27, 1984. Please review the materials and return your referral comments to Colette Penne of the Planning Office no later than February 13, 1984, in order for Colette to have adequate time to prepare for its presentation before Council. Thank you. 0 0 GARFIELD & HEGHT, P.G. RONALD GARFIELD ATTORNEYS AT LAW TELEPHONE ANDREW V. HECHT VICTORIAN SQUARE BUILDING (303) 925-1936 TELECOPIER KATHERINE HENDRICKS 601 EAST HYMAN AVENUE (303) 925-3008 WILLIAM K. GUEST, P.C. ASPEN, COLORADO 81611 CABLE ADDRESS"GARHEC" January 24, 1984 Planning and Zoning Commission City of Aspen 130 South Galena Street Aspen, CO 81711 RE: APPLICATION FOR SUBDIVISION EXCEPTION BY DANIEL B. TURLEY, JR. AND PAMELA B. TURLEY Dear Commission Members: This is an application made pursuant to Section 20-19 (a)(1)(2) and (3) of the Municipal Code of the City of Aspen ("Code") by Daniel B. Turley, Jr. and Pamela B. Turley for an exception from the strict application of the provisions of the Subdivision Regulations. The applicants request that the Commission approve the creation of two separate parcels as delineated in Exhibit "A" excepted from the requirements of full subdivision which may be freely conveyed and developed limited by restrictions delineated in the Code and that such further development activity be exempt from complying with the allotment procedures pursuant to Section 24-11.2(d) of the Code. It is submitted that this application for exception complies with all of the Code criteria for the reasons hereinafter set forth: 1. [T]here are special circumstances or conditions surrounding the subject property such that the strict application of the provisions of this chapter for which an exception is sought would deprive the applicant of the reasonable use of their land. Further, such development activity applied for herein is exempt from the Growth Management Quota System under City Ordinance No. 40 (Series of 1983) Section 4 of the Code and it would be unduly burdensome to go through full subdivision. 2. For the same reasons as set forth in paragraph 1 above "...[t]he exception is necessary for the preservation and enjoyment of a substantial property right of the applicant. GARFIELD & HECHT, P.G. Planning and Zoning Commission January 24, 1984 Page 2 3. In as much as the Code regulations indicate such an interpretation is correct and the proposed development will not exceed the permitted density "...[t]he granting of the exception will not be detrimental to the public welfare or injurious to other property in the area in which the subject property is situated. The proposed development of the property shall be limited by applicable requirements of the zoning code for lot splits, limiting development to two single family dwellings, one on each lot. The Applicants have interest in the property sufficient to make this application by reason of a Residential Contract to Buy and Sell Real Estate between them as the Purchaser and Teleo Caparrella and Angelina F. Caparrella as Sellers of the property. The Caparrellas are the current owners of the property which they have contracted to sell. It is respectfully submitted that, for the foregoing reasons, this application be approved. Sincerely, Andrew V. Hecht AVH/mlc T 0,- CASFI_OAD SUMMARY SHEET City of Aspen PROJECT NAME: APPLICANT: ol-'n,t.?..ce"T. T(o (mot r !^c)k � `` I 4L4t REPRESENTATIVE: IA - TYPE OF APPLICATION: I. GMP/SUBDIVISION/PUD (4 step) 1. Conceptual Submission 2. Preliminary Plat 3. Final Plat II. SUBDIVISION/PUD (4 step) 1. Conceptual Submission 2. Preliminary Plat 3. Final Plat III.EXCEPTION/EXEMPTION/REZONING (2 step) IV. SPECIAL REVIEW (1 step) 1. Special Review �h a� 2. Use Determination 3. Conditional Use REFERRALS:f f Attorney Engineering Dept. Housing Water City Electric No. !r' b `i/ Staff: l-A4- Phone: Phone: (Fee) ($1,840) ($1,120) ($ 560) ($1,290) ($ 830) ($ 560) ($1,010) Date Referred: Sanitation District Mountain Bell Parks Holy Cross Electric ___Fire Marshall/Building Dept School District Rocky Mtn. Nat.Ga State Hgwy. Dept. Fire Chief Other FINAL ROUTING: Date Routed: 413194 V Attorney ✓ Building Engineering Other 3 U DISPOSITION: CITY P&Z REVIEW: :-�� CITY COUNCIL REVIEW:(Z Z=+'..x -.�._ �.I �. t' `T ,i" .��• �;�.j,s 1 J 1 ��/ ! s 1 1 Ai` pli.^:n-nt ITus t recor(7 -i }:z, tc --," S V bdivi.Ci On T;r:ce—p t ion Se'i11C:1 is a ;})roved ac.: to form its% 1:;7e Cite :"•tt-orney' s Office•. maist agreF to .-i,O1'i :111_V, fU'UrC improvement. tJ' Ct::, ir, the event they are iorm.ol;.. CITY 3, m;ln subdivision vision plat muct confo-rm to !7-cc:tion ; 20-15 and �c1 :10-16 and be c �,,nrovcd, bV the %'.its' 7n,Tineerinrl 1 epartment- prior to recorc':+ti.^]:. n. A earl{ deeliC,-;.ition '^c ll�.l. L)(1 recfuil.c,' for CCIISi.`UC'-tiOl- - of 4:'hc new hou:7,c. 5. The four plat (Jinn(les out?_inccl in the Fnclinc, crincl ncp, rkment memo of Febru r.y ML10t be made prior to recordr...tion- of the subdivi.si.cn G. The subdivision pi lat i-ni t indicate that ro-curtl:er subdivision .-y be granted for these lots nor additionaladditionalunit::, be l;,ui.it CITY rl without re'ceint of approvals Uurstiont to c.han- ter- 20 and an allocation pursuant to fiection 21. %. ��CCf's£`i t=711i. �;e S7ro`,'1tioc": at c m].nimum of t-w-e-n --'•, e fect k?5�j from the corner t,.here 1'.oarin, ror}; road anca ^i.'1. espie- Street intersect ;:,nlf be shown as such on the {i, c-13 plat survey for rccorcl tion. Ordinance No. MEMORANDUM TO: Aspen City Council FROM: Colette Penne, Planning Office RE: Turley Lot Split DATE: April 2, 1984 APPROVED AS TO FORM: ------------------------------------------------------------------------ LOCATION: A parcel being part of Blocks 91, 92 and Third Street, Hallam's Addition (the northeast corner of the intersection of Roaring Fork Road and Gillespie Street) ZW I r?G: R-6 APP LCA ITT`$__-EQUE_S.T: A subdivision exception for the purpose of a lot split and a GMP exemption permitting construction of a single-family house on the newly formed lot. REFE_RRAL_AC0IMMJENT-5 : The City Attorney's Office comrlented that the City record should reflect a formal grant of exemption from the GMP quota under Section 24-11.2(d); a statement of subdivision exception will be required if the lot split is approved; applicant should agree to join future improvement districts; the plat must comply with Section 20-15 and 20-16; and the applicant is alerted that there will be a park dedication fee at the time of construction. The City Engineering Department made the following points: "1. The application refers to Daniel B. and Pamela R. Turley. The owners's and attorney's certificates on the plat should contain both names if the property is owned by Daniel and Pamela. 2. Prior to recordation, the following items should be added to the plat: a. There are several very large trees on the property that will require City approval to remove. A1.1 the large trees should be shown on the plat. b. Indicate the date the survey was performed. C. The City Council approval certificate should be amended to read " . . . approved by the City Council on the day of 1984, and signed this ____ day of 1984." 3. There exists an irrigation ditch in the Roaring Fork: Road right-of-way. This ditch should be indicated on the plat and any new access to lot one from the Roaring Fork Woad will require a culvert by the owner." Following the meeting of February 27, 1984, the Engineering Department advised that access should technically be limited to anywhere along the Roaring Fork Road frontage more than twenty-five feet (25') from the southwest property corner or the area on the Gillespie frontage (between the two large trees adjacent to the easterly property line). If the Director of Parkas expressed concern regarding removal or trimming of trees on the Gillespie side, access should be limited to just the Roaring Fork Road frontage. The Director of Parks responded that he woulr' not be inclined to Page 2 approve a permit for removal of the conifers along the Gillespie frontage. He further "heartily recommends against consideration" of the removal of the lower branches of the trees. He strongly recommends using the Roaring Fork P.oad access alternative. PLANNING _9FFT_CE_J3E JEW: This item was tabled at your February 27, 1984 meeting to allow Council members to do a site visit and to investigate alternative access points. At present, the driveway is not sufficiently offset from the Third Street intersection so as not to cause confusion with roaring Fork Road. As evidenced by the referral comments and the attached letter from Doug C'raybeal of Hagman Yaw Architects, Ltd. , the preferred solution is to move the driveway so that it is accessed off Roaring Fork Road and is at least twenty-five feet (251) from the intersection. The Planning Office concurs with this solution, as it eliminates the confusion at the intersection and protects the trees. This solution will be advantageous to both the public and the property owners, in our opinion. The minimum lot area requirement in the P.-6 zone is 6,000 square feet. The total size of this parcel is 15,917 square feet, and the resultant lot sizes after subdivision will be 9,496 square feet and 6,421 square feet. There are non -conforming structures on the lot (in terms of setbacks) but this lot split does not increase that non -conformity. A subdivision exception, pursuant to Section 20-19 is appropriate for this division of land. The shortened procedure allows the property owner the reasonable use of his land and the enjoyment of a substantial property right. The granting of the exception will not be detrimental to the public welfare or injurious to other property in the area. The development of the subsequent lots will be limited to single- family dwellings, unless an exemption is received for an employee unit or a free-market unit is granted through Residential Gr1P competition. A GNP exemption is being requested per Section 24-11.2(d) for the construction of one single-family dwelling. This is allowable since the lot is being formed after November 14, 1977, and this parcel meets the conditions of: 1. The tract of land which was subdivided had a pre-existing dwelling unit; 2. No more than two lots are being created by the subdivision; and 3. The lot under consideration has not previously been the subject of an exemption. from GIMP provisions or a "lot split" exception or exemption pursuant to Section 20-19. PLANNIN_G__QFFICE.__RECOMNENDATION__AND _GOiZrI�I_L_ ACTIDN: The Planning Office recommends the following action: "I move to approve subdivision exception for the purpose of a lot split of the parcel described on the "Turley Subdivision" plat and to further approve a GMP exemption (per Section 2.4- 11.2[d]) for the construction of a single-family house on the newly formed lot with the following conditions: 1. Applicant must record a Statement of Subdivision Exception which is approved as to form by the City Attorney's Office. 2. Applicant must agree to join any future improvement districts in the event they are formed. 3. The subdivision plat must conform to Sections 20-15 and 2.0-16 and be approved by the City Engineering Department • • Page 3 prior to recordation. 4. A park dedication fee will. be required for construction of the new house. 5. The four plat changes outlined in the Engineering Department memo of February 14, 1984, must be made prior to recordation of the subdivision plat. 6. The subdivision plat must indicate that no further subdivision may be granted for these lots nor additional units be built without receipt of applicable approvals pursuant to Chapter 20 and an allocation pursuant to Section 24-11.1. 7. Access will be provided at a minimum of feet from the corner where Roaring Fork Poad and Gi espie Street intersect and will be shown as such on the final plat survey for recordation." 0_6 HAGh1AN lAW ARCHITECTS, LTD 19 March 1984 Mr. Jay Hammond City of Aspen Engineering 130 South Galena Aspen, Colorado 81611 Re: Turley Lot Split Dear Jay: This letter is to inform you of Daniel B. and Pamela B. Turley's intended access to the above mentioned property. The access will be constructed off of either Roaring Fork Road or Gillespie Street, a minimum distance of twenty five feet from the corner where these roads intersect. This is noted on the enclosed final plat survey for this property. DG:sv Enclosure Sincerely, Hagman Yaw Architects, Ltd Doug Graybeal Associate Partner 210 SOLAH GALLNA SL IIL 24 ASPEN COLOKADO 81G11 301'925.2W, ///r�a o:o..o► .C• •} :o�.o:0• •0::0� :o:o• � :a• o:C..�:0• •o !D� •o:o• •o:�.'Lo :, :o• :o:•..0 :, :o ? ♦ J COMMITMENT FOR ISSUED BY STEWART TITLE GUARANTY COMPANY STEWART TITLE GUARANTY COMPANY, A Texas Corporatio h ein called the Company, for valuable consideration, hereby commits to issue its policy or policies o le insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as own or mortgagee of the estate + or interest covered hereby in the land described or referred to in Schedule upon payment of the premiums and charges therefor; all subject to the provis' of Schedules A and and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identi of the proposed Insured and the amount of the policy or policies committed for have been inserte in Schedule A hereof by the Company, either at the time of the issuance of this mmitment or by su equent endorsement. k This Commitment is preliminary to the su ce of such policy or policies of title insurance and all liability and obligations hereunder shall ce a terminate six months after the effective date hereof or when the policy or policies committed s II issue, whichever first occurs, provided that the failure to issue such polic r policies is not th ult of the Company. This Commitment shall not be valid or binding until cou er igned by an authorized officer or agent. t, } IN WITNESS WHEREOF, th Company has caused this Commitment to be signed and sealed, to become valid when countersign b an authorized officer or agent of the Company, all in accordance with its By -Laws. This Commitmen effective as of the date shown in Schedule A as "Effective Date." Chairman of the Bollard STRT TITLE GUARANTY COMPANY d CIEG4-%- § A, 15. 1908 0 r4ingA/SO�IP' IN 165 25M 5-83 Serial No. C-1661- 2 0 5 2 9 - _ Rb .ram 0 • . SCHEDULE A Order Number: 11987 C 5 Commitment Number: 1. Effective date: April 19, 1984 At 8 : 00 A.M. 2. Policy or Policies to be issued: Amount of Insurance Premium A. ALTA Owner's Policy $ 500, 000.00 $1 , 06 7.00 Proposed Insured: Daniel B. Turley, Jr. and Pamela B. Turley Tax Certificate $ 5.00 B. ALTA Loan Policy $ 185,000.00 100.00 Proposed Insured: Form 100 20.00 First National Bank of Glenwood Springs Form 100.30 51.58 C. $ 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: Teleo J. Caparrella and Angelina F. Caparrella 4. The land referred to in this commitment is described as follows: See Exhibit "A" Attached Authorized Countersignature Page 2 STE187ART TITLE' 1652(20M-4-83) GUARANTY COMPANY CONTINUATION SHEET SCHEDULE A. -EC . 4 Order Number: 1.1987 C5 Commitment Number: Exhibit A A parcel of land situated in the SE 1/4 NE 1/4 of Sec. 12, T1OS, R85W of the 6th P.M., being part of Blocks 91 and 92 and Third Street, Hallam's Addition described as follows: Beginning at the Southwest corner of the Westerly Tract of property as shown on the Subdivision Excretion Men of the C. F. Murphy Associates, Inc. Property as recorded in Plat Hook 10 at Page 56 of the records of Pitkin County, whence the Fast 1/4 corner of said Sec. 12 (a 1954 B.L.M. Brass Cap) bears S67°27'47"E 1024.74'; Thence North 12C.60' to the Northwest corner of said Westerly Tract, Thence West 1.53'• Thence North 0.74' to a Southerly corner of the property described in Book 411 at Page 514 of the records of Pitkin Co'Vnty; Thence West 32.06' along the Southerly boundary o he property described in said Book 411 at Page 514, Thence N88°11'00"W 35.33' along the Southerly bounda of the property described in said Book 411 a ge 114; Thence South 7.06' along the Southerly o ndary of the property described in said Book 411 at Page 514; Thence West 65.00' along th Southerly b ndary of the property described in said Book 411 a Page 514 to the Easterly line of Roaring Fork Road; Thence along the Easterly li a of Roaring Fork Road 2.87' around a non-tangentia%hbears to the 1 ft having a radius of 332.2n', the chord of whS00'1 ' 1"W 2.87'; Thence South 11long the ast line of Roaring Fork Road to the North line espie Avenue, being 65' North of the North line of Block 1lam's Addition; Thence NF9°15'1.92' along the North line of Gillespie Avenue to the Point of Beginning. County of Pitkin, State of Colorado Page STLWART TITLE, 0055 (50M 6-83) GUARANTY COMPANY SCHEDULE B — Section 1 Order Number. 11987 C 5 Commitment Number: 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. Evidence satisfactory to Stewart Title Guaranty Company, furnished by the Office of the Director of Finance, City of Aspen, that the real estate transfer tax pursuant to City Ordinance No. 20 (Series of 1979), has been paid or that conveyance is exempt from said tax. 2. Deed frow, vested owner, vesting fee simple title in purchaser(s). 3. Deed of Trust from the Borrower to the Public Trustee for the use of the proposed lender se Ve loan. 1853 (20M-12/83) Page 3 STEWART TITLE GUARANTY COMPANY 1.19R7 C5 Order Number: SCHEDULE B • Section 2 Exceptions Commitment Number: 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 parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Any and all unpaid taxes and assessments. 7. The effect of inclusion in any general orAed ific water conservancy, fire protection, soil cons n or other district or inclusion In any water service or streprovement area. K. Exceptions ar.d Mineral Resrrvati ns s coin Patent to Aspen T'ownsite recorded®rl,7 in Rook 139 at Page 216 as Reception No. 60156. 0 Exceptions numbered are hereby omitted. Paqe 4 STEWART TITLE 1654 (20M 1-84) GUARANTY COMPANY /"", A CONDITIONS AND STIPULATIONS 1. The term mortgage, 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 or 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 reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve 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 or interest or mortgage thereon covered by this Commitment. In 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 and the Conditions and Stipulations and the exclusions from coverage 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. STEWART TITLE GUARANTY COMPANY Page 5 AMC RA A cM f3RG = ARC RA,O CH ,5RG u 0 332. �5.00' QF TU/RLEY 5Ll60/v/.5/01411-4 A LOT 5PL/T ,6E1NG A PART OP HALLAM'S A,OD17-10N, A519EN, C01-OR4,00 w G I L L E 5 /V/ E G V /C /N/TY MAP 5CAL.E 1" . 4o0' T,SAGE,O FiSOM OL,O ANNEXATION MAP J m 5 T R E E T 9 NOTE : LOCA77/0N5 OF ALL LIN,0&A0^01-1N?V 417*11-1T1E5 ARE APPROXIM4TE; ANO 51.101-A-0 09 VER/F/E,O /N THE FIEG/J PR/OR TO ANY CON57-R41C710/V. G G /`/i6PAFKED ,3Y GERARD H- PE5AIAN A55oC1A7-E,0 4117'H SURVEY EM67INEE1:F5, 11,1C . ,00. A50X 250c A5PEN, GOLORADO 81612 �-91a4 =/O' O /VOTES q W/CAP A5 1\107,6,O /GAP "pE 5MA/✓ 23 7r , -o sec /Z' 9EC 7 /954 OAA65 GAP &A5 r 114 COY 56C /2 , T /O B, R 85 In/ O� 7-M6 GTH PM ATTORNEY' 5 CERTIF/CATE I, ,BEING AN ATTORNE y A,ONJ/TTEIJ TO PRACTICE //l/ THE STATE OF COL.ORADO, 'Jo HEREBY CER7-110:y THAT I HAVE CAL15CZD AN EXAMINATION TO 66 MADE OF THE OWNER51-1/,- 01- THE PROPEfiTy 51-ION/N ON 7N/5 PLAT, 41v,O THAT 10AN1E L B. TLIRLEy ✓R. /5 T//E O4VNE /i IN FEE 61AI PL E , FREE ,41go CLEAR OP ALL LIENS AN,O ENCLIA4,0,TANCL-8 NOT 5N01NN O/J OR DESCRI,BE,O ON 7-H/5 /'OLAT ATTORNE Y OWNER ' ✓ CERTIFICATE KNOW ALL MEN BY THNCE P1?65E1V7-5 THAT XJAN/EL 23. TG/RLEy ✓R. , P✓E/NG THE OWNER OF CERTAIN L4N,05 //V 7,41E C17Y OF A5PEN, GOG/NTY OP P/T1C/N, STATE OF COLORA,pO, 0e5CRIAq&t7 45 FOLj-a kv6 A PARCEL OF LANO 5/7'1-1A7,6,O /N THE SE 11,d NE 114 OF SEC 12, Or- THE GTH PM, ,BEING PART OF %40CK5 91 ANO 92, AN,O TH/RC STigEET, HALLA/415 40,0/7'10H) ,OE3C.416E,0 45 FOLLOW$ : .6E01/V/V/N0 AT THE 5O4I7'1-14VE57' CORNER OP THE LVESTERLY TRACT OP PROPERTY A5 5HOW" ON THE 541e,01V/51011( EXCEP7'1o1V MAP OF Th'E C. P NIL/RPHY A55OC147-E5, //VG . PROPERTY A5 RECOR.OE O /H PLAT e00K /O AT 1046E .'SG OF THE REGOR,06 01` P/TK//V COUNT`/, WHENCE THE EA37- //4 CORNER OF 54/0 !AEC /2 (A 1954 /84M ,BRA55 GAPS P.3EgRS 3. !07o 27' 47" E. 1024. 74 / ; THENCE 1\,/0R71'1 120.00' TO THE /VO1T7'1-/1'VE57- CORNER OF 5A1,O 411E-1TE/4Ly TRACT ; THENCE 4VE57- /.531 ; THENCE NORTH 0.74' TO A 50tJTHERLy CORNER OF THE PROPERTY ,c7E5CR/BE,O I A/ ,ROOK 4// AT PAGE 5/4 OF THE 1,TECO1T,05 OP 7'HENGE PVE.57' 92.06' ALONG THE .5aa7HERL.Y 160U/V,04/4y OF THE PROPERTY 0E5CR/,OGA IN SA1,0 A3K 411 AT PG. 514 ; THENCE N. 66* 11'00" H/ 35,55' ALONG THE 50417-1-lERLy THE PROPERTY .OE5CRI,BE1-? /N SAIO 61C. 411 AT THE/VCE SOUTH 706' 41-01VO T/1E 50L/77I-/ERLy ,6oL/N,OARy OP T/T� PROPERTY ,0e5CR/19E,0 /" .5A1,O 01'C. 4// AT PG. 5!4 THENCE !NEST 0.5.00' ALONG THE SOL/THERLY 60L//V,pA�gY/ oP THC PROPERTY )045CR10E,O /// 5A1,0 A K 411 .47- PG. .514 TO THE EASTERLY L/NE QP ROARING PORK 130,4,0 ; THENCE Q1-01V0 THE EASTERLY' LINE OF ROARING FORK ROAD 2. 8T AROU/y 0 A NON -TANGENTIAL_ CURVE TO THE LEFT HAV1^10 4 RA0/L/5 OF 332.28; THE Cs•10NO OF 4VH/CH /SEARS .5 00' THENCE 50U7'/-1 11.5.67' ALONG THE EAST L11VE OF ROARING FORS /4 2A,0 TO THE NORTH L11VE OF G11 LE514::l/E A ✓EN/JE, i3E/NG G5' /VORTf-/ OP Tfle NORTH L/1VE OP .04OC1S /00, 1-14LL4,v7'5 A,0,017-101\1 ; THENCE N. 89° /5' /8"E . 13.3.92' ALONG THE NORTH L/NE OF GILLESP/E AVENUE TO THE PQ/NT OP P✓EG/NN/NG. CO/dTq/N1NG 0.365 ACRES MORE OR LE55. NAVE ey THESE /oi4E5ENT5 LA/rJ OL/T, PGATTE,D An/k? 51-/,6,0/V1,0E,0 7/NE SAME /A/TO L07-5 A5 5HOWN ON 7-H15 PLAT NAME AIV O 5TYL E OF TL/RLE y 5L/.6,01 ✓1510/V. ,OAN/E L B. i URLE -/ ✓R . STATE OF COLOR A,00 COUNTY OF P/7?1 /// 9.5. THE F0f{E001H0 Ovl/NER'S CERT/F/GATE WAS AG/tNOINLE,OGEO /SE PORE ME TH/5 A9AI/ OF , /98_ 6Y ,OAN/EL P. TURLEy ✓R. L^//T/Vf55 IL?z/ AN,O OFF/G/AL SE`1L MY COMM/56101\1 6Kl-1AE-5 NOTARY PUBL/G AP)C,'3 E55 OLIA VE Y0R ' 5 CEfRTIr-1CATE I, GERARIJ H. PE5MAN, CO HEReeY CERT/Py THAT 7-1415 PLAT OF Tf/E TL/RLEY 5G/P,01✓1510N W,45 PREPARED L/N,OEf{ MY 54/10ERV/5/01v, THAT THE LOCATION OP THE 04/7'510 E ,60L/" 0A fC y AN,O F E A TL//4 E 5 ARE ACC/JRATEL.y AN/� GOR RECTLy 5HO4VIN HEREON, THAT THE 5AME ARE i.3A5E,0 ON F1EL.0 54/R✓EY5 AHV THAT THE /-4_47-7-ES LOTS CON, -OR M TO THOSE 5TA K E X0 ON THE G1`4 0L/N,O PLANNING A1VD 7-1-115 PLAT OF THE TURLEy C/Ty Or- A5PEN PLANIV/NG OP 198_. GERAR,O H PE51VAN PE. $ 4.5. 237G ZONING APPROVAL. 5U/3,0/ ✓1S 10/V WA5 APPROVED P✓-1 THE A1VAO Z01\111Y a CO/41t4/ 5510N THIS JAy CHAIRMAN A 5PE/V C/TY COUNCIL APPROVAL TH 15 PLAT OF THE 7-4/1RL E y 5U,0,0/ V 1510/V WA 5 APPROVE O C17-y COUNCIL OF ASPEN 7-H15 /JAY OF ATTE 5T : C/TY CLERK MA yO IT fj y THE /98 C/T Y ENGINEER `5 APPROVAL TH15 PLAT OF 7/-/E 7-L1/4LE y 5Ui6,0/ V15'/ON kVAS APPROVE 0 8 >' T/-IE C17-y OP AVPEN DEPARTMENT OF ENG1/VEER//VG 7;4115 ,DAY OF Me C17-y ENGINEER CLERK AND RE C OIg,OER' 5 ACCEPTANCE 7-,419 PLAT OF THE TURLE y 5LIe,01 ✓IS/0/V /5 AGCEPTEXt7 PO/T-IL/n/G //V THE OFFICE OF THE CLERK AN,D REGOROER OP THE Cal-11V7-y OF STATE OF COLORA/JO, AT O'CL.00/i _ M., 7-/-//5 A9AY OF 198 _ IN PLAT ,500fC AT PAGE , RECEPTION NO CLERK 4No RECORDER ✓o,e NO. 13.3/9