HomeMy WebLinkAboutcoa.lu.ec.1020 E Hyman Ave.MolnySubd.1979
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MEMORANDUM
FROM:
Daniel A. McArthur, City
Office ~
EngineerQ
TO:
:Richard Grice, Planning
DATE: November 28, 1979
RE: Molny Subdivision Exemption, south half of lots R & S,
Block 37, East Aspen Addition, and sough half of lots 6 &
7, Riverside Addition
After having reviewed the survey map for the above subdivision
exemption and having made a site inspection, the Engineering De-
partment recommends the following:
1) We recommend a denial of the Molny Subdivision Exemption
and recommend Mr. Molny be granted an exception from the full sub-
division compliance. Mr. Molny' s exception would require concep"
tual approval from Planning and Zoning and final approval from
City Council for the final plat. '
2) We recommend the improvement survey as submitted by the
owner/applicant be accepted as a conceptual plat.
3) We recommend that the owner/applicant follows section 20-
14 on the final plat procedures, and sumnit a final plat for re-
view by the Engineering Department as per section 20-15 prior to
being placed on the City Council agenda.
The Engineering Department has no objections if the owner/applicant
submits a condo~inium map instead of a final plat subject to the
condominium map complying with section 20-15 of the municipal code
of the City of Aspen, Colorado.
GARFIELD & HEOHT
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ATTORNEYS AT LAW
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SEP 101979 !iu
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ASPEN / PITKIN CO.
PLANNING OFFICE
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VIOTORIAN S9UABB BUILDING
601 EAST HYMAN AVENUE
ASPEN, OOLORADO 81611
RONALD OARPIBLD
ANDREW V. HEOHT
ASHLEY ANDERSON
OHRISTOPHER N. SOMMER
CRAIG N. BLOCJXWIOK
LYNN O. ALBON
Tm.EPHO~
(000) 92~~J986
August 27, 1979
Planning and Zoning Commission
Aspen City Hall
130 S. Galena Street
Aspen, Colorado 81611
Dear Members:
This is an application by Robin Molny pursuant to Section
/ 20-19 of the Aspen City Code as amended, for an exemption from
the definition of the term subdivision for the condominiumization
of his duplex located at 1020 E. Hyman Avenue.
The applicant submits that since this is merely a sub-
division of an existing duplex, to require that the applicant
proceed through the entire subdivision procedure would deprive
the applicant of the reasonable use of his land. Furthermore,
the applicant submits that exemption is necessary for the
preservation and enjoyment of his substantial property right.
Finally, the applicant submits since, as stated above, this is
merely a subdividing of an existing structure, there will be
absolutely no increase in density as a result of the granting
of this exemption and therefore the granting of the exemption
will not be detrimental to the public welfare or injurious to
other property in the area.
The duplex contains a total of approximately 2783 square
feet. The applicant presently resides in one half of the duplex
and has done so for the past five years, that half contains
approximately 1861 square feet. It is his present intention
to continue residing there. In addition to his residence the
applicant also has his office within that 1861 square feet.
The other half, containing approximately 922 square feet is
presently being rented for $550.00 plus utilities or .60 cents
per square foot. Since October 1, 1978, the unit has been
rented to Jennifer Huber who lives in Santa Fe, New Mexico.
She rents the unit merely to assure that she will have accomo-
dations when she vacations in Aspen. She spends less than one
month annually in the unit. The applicant anticipates that
Au~ust 27, 1979
Page Two
Ms. Huber will renew her lease for at least an additional one
year. The rent during the next year will be approximately
$625.00 or .68 cents per square foot. The applicant anticipates
being in a position to present evidence of that renewal at the
hearing beforeP&Z.
Prior to October 1978 the unit was rented for 16 months
to Jay Lussan, president of company 3. The rent during that
time period was also $550.00 or .60 cents per square foot.
Prior to Lussan, Jean Ingham of Ingham, Dickerson, Weaver
rented the unit for six months at $600.00 or .65cents per
square foot. And finally prior to Ingham, Steve Martin, the
comedian. rented the unit for 18 months at $450.00 or.49 cents
per square foot.
The applicant submits that the granting of this application
will in no way reduce the supply of low and moderate income
housing. In response to the criteria set forth in Section 20-22(c)
1 through 6 the applicant states as follows:
1. As stated above, it is anticipated that the present tenant
will renew her lease for at least an additional one year.
Additionally, this tenant can in no way be considered an
employee but rather is a tourist from Santa Fe, New Mexico.
2. The applicant hereby states and will again reiterate at the
hearing before P&Z that no tenants have been required to
move involuntarily within the past 18 months.
3. The applicant has no present intention whatsoever to sell
his unit. Therefore, he has not had the unit appraised
in order to establish his sale price and, in fact, is not
in a position to even approximate such price.
4. As stated above, the renewed lease with Jennifer Huber will
be at $625.00 per month. The applicant has no objection
to this approval being conditioned on any subsequent increases
in rent being regulated by the percentage increase now
allowed under the current guidelines for low, moderate and
middle income housing.
5. The applicant is also willing to condition this approval on
giving tenants who do not exercise their right of first
refusal at least 180 days to relocate.
6. Again the applicant has no intention to sell his unit and
there is no prospective purchaser at this time.
fiUYUst 27, 1979
Page Three
As is detailed above, the rental unit has been consistently
rented for prices in excess of the current guidelines for low,
moderate and middle income housing as determined by the council
for additional points within the terms of the Growth Management
Plan. Furthermore, it has never been rented to what is tradi-
tionally considered employees. Jean Ingham and Jay Lussan were
when they rented the unit and are presently successful professionals
and Steve Martin, of course, is an eminently successful comedian.
Perhaps the most persuasive demonstration of the fact that the
supply of employee housing will not be reduced is the simple fact
that for the past year the unit has been, and in all likelihood
for at least the next year will be rented to a tourist from Santa
Fe, New Mexico.
The applicant submits that all requirements have been met
by this application and respectfully requests your approval.
Sincerely,
GARFIELD & HECHT
H~~
Ashley Anderson
AA:d
Encl.
Improvement Survey (four copies)
Title Policy
Check for $20.00
130 s
MEMORANDUM
DATE: November 21, 1979
TO: Richard Grice
FROM: Ron
,
Stock ..;s'
Subdivision
Exemption
RE: Molny
If the above entitled subdivision exemption is granted, the
approval should be conditioned upon the applicant meeting the
following requirements of Section 20-22 of the Municipal Code of
the City of Aspen:
[ ] Notice and option provisions to current
tenants
[x] Each unit restricted to six-month minimum
leases with no more than two shorter tenan-
cies in a calendar year.
Considering the rental history of the property, it is possible
that the Planning & zoning Commission and City Council may deter-
mine that the property, or a portion thereof, is within the low
and moderate housing pool. The rental history of the property
should be presented to them for their consideration.
Because of [ ] the proposed division of the property [xl the
current lack of a plat for the property, it is my recommendation
that the applicant be required to obtain full subdivision or
subdivision exception review rather than exemption. The purpose
of this requirment would be to obtain a final plat.
RWS:mc
TO:
Aspen
Aspen
Sunny
FROM:
RE:
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MEMORANOU~1
Planning and Zoning Commission
City Council
Vann, Planning OfficeJ?J
Molny Subdivision Exemption
OATE:
November 29, 1979
Zoning:
Location:
Lot Size:
Rental
History:
Engineering
Comments:
Attorney's
Comments:
Housing Director's
Comments:
Planning Office
Recommendation:
P & Z
Recommendation:
R/MF
1020 East Hyman Avenue (Lots Rand S, Block 33, East Aspen
Addition and Lots 6 and 7, Block 5, Riverside Addition)
6,267 square feet
The applicant/owner has resided in one half of the duplex
for the last five years. The otherhalf has been rented at
$.60 per square foot since October 1, 1978, to a Jennifer
Hubbner who lives in Santa Fe, New Mexico.
This property was the subject of a previous subdivision
exemption and therefore the Engineering Department feels
that they have need of a final plat. For this reason they
have recommended denial of the Molny Subdivision Exemption
but did recommend approval of an exception from full
subdivision review. Their recommendation is that you
grant an exception from conceptual review before City
Council and preliminary plat before the Planning and Zoning
Commission. The Engineering Department's complete comments
are attached in their entirety and found in a memorandum
dated November 28, 1979.
Ron Stock has recommended that if the Molny subdivision is
granted, each unit be restricted to the six month minimum
lease restriction with no more than two shorter tenancies
in any calendar year. Because of the lack of a plat for
the property, Ron's recommendation is that the applicant
be required to obtain full subdivision or subdivision
exception review rather than exemption. The purpose of
this requirement would be to obtain a final plat.
See Housing Director's memorandum dated November 29, 1979
at the beginning of the subdivision exemption section of
thi s packet.
Based on the rental history, we do not feel this unit is
part of the low, moderate or middle income housing pool.
We recommend that you deny the subdivision exemption and
approve the exception from conceptual and preliminary plat,
subject to the submission of a final plat as per Section
20-15 prior to being placed on the City Council agenda
and subject to each unit being restricted to the six
month minimum lease provisions of Section 20-22 of the
Municipal Code of the City of Aspen.
Denial of request for subdivision exemption and approval of
exception from conceptual and preliminary plat as per Section
20-15 of the Municipal Code. Approval is to be further condi-
tioned upon the owner/applicant complying with the notice and
option provision and six month minimum lease restriction of
Section 20-22.
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MEMORANDUM
,
TO: Richard Grice, Planning Office
FROM: Louis Buettner, Engineering Department
DATE: November 13, 1979
RE: Molny Subdivision Exemption
South ~ lots R & S, Block 33, East Aspen Addition, and
South ~ lots 6 & 7, Riverside Addition
After having reviewed the survey map for the above subdivision
exemption and having made a site inspection:
The Engineering Department recommends that this exemption from
subdivision be rejected. As per the City Attorney, Ron Stock's
opinion, no property may be granted two exemptions from subdivi-
sion. This property was half of a grant of exemption from sub-
division granted by City Council in March, 1979. The grant of
subdivision exemption is recorded in book 285 at page 822. The
Engineering Department also recommends that this property be
granted an exception from the full subdivision compliance.
In the event of subdivision or subdivision exemption the Engi-
neering Department will recommend the following:
1. Show trail easement as recorded in book 286 at page 304.
2.
The title il1fiurance policy
gress and egl'ess easement.
ment. Some explanation to
makes reference to a 14 foot in-
The map shows only a 7 foot ease-
clear this discrepancy is required.
3. Show street improvements and street width with center line.
4. Show off-street parking as required in section 24-4.5 of the
Aspen municipal code.
5. Show existing boardwalk from the house to and along' the curb.
6. The above boardwalk is to be replaced with standard sidewalk
with driveway as required in right-of-~ay along the curb.
The new sidewalk will be constructed s6 as to join the exist-
ing sidewalk to the west. .
If an exemption is granted per this application, the Engineering
Department would ~ake its approval subject to the owner/applicant
correcting the above conditions prior to being placed on the City
Council agenda.
I wish to point out that the other half of the original exemption
has also applied for subdivision exemption. This exemption request
is titled Eubank Subdivision Exemption.
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MEMORANDUM
FROM:
RE:
DATE:
Ron Stock, City Attorney .
~ Reents, City Housing Director
City Engineering
Richard Grice, Planning Office
Molny Subdivision Exemption
TO:
September 10, 1979
Attached please find application for subdivision exemption for a duplex
located at 1020 East Hyman. This item is scheduled to come before the Aspen
Planning and Zoning Commission on Tuesday, November 20, 1979. Therefore, may
I please have your written comments concerning this application no later than
Monday, November 12, 1979. Thank you.
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GARFIELD & HEOHT
ATTORNBYS AT LAW
VIOTORL\N S9UARB BUTIJ)INO
601 EAST HYMAN AVENUE
ASPEN, OOLORADO 61611
RONALD GARFIELD
ANDREW V. HEOHT
ASHLEY ANDERSON
OHRISTOPHER N. SOMMER
GRAIG N. BLOOXWIOK
LYNN O. ALBON
T:ex.r:Pl.IOKB
(303) 9.2~~19ae
August 27, 1979
Planning and Zoning Commission
Aspen City Hall
130 S. Galena Street
Aspen, Colorado 81611
Dear Members:
This is an application by Robin Molny pursuant to Section
20-19 of the Aspen City Code as amended, for an exemption from
the definition of the ,term subdivision for the condominiumization
of his duplex located at 1020 E. Hyman Avenue.
The applicant submits that since this is merely a sub-
division of an existing duplex, to require that the applicant
proceed through the entire subdivision procedure would deprive
the applicant of the reasonable use of his land. Furthermore,
the applicant submits that exemption is necessary for the
preservation and enjoyment of his substantial property right.
Finally, the applicant submits since, as stated above, this is
merely a subdividing of an existing structure, there will be
absolutely no increase in density as a result of the granting
of this exemption and therefore the granting of the exemption
will not be detrimental to the public welfare or injurious to
other property in the area.
The duplex contains a total of approximately 2783 square
feet. The applicant presently resides in one half of the duplex
and has done so for the past five years, that half contains
approximately 1861 square feet. It is his present intention
to continue residing there. In addition to his residence the
applicant also has his office within that 1861 square feet.
The other half, containing approximately 922 square feet is
presently being rented for $550.00 plus utilities or .60 cents
per square foot. Since October 1, 1978, the unit has been
rented to Jennifer Huber who lives in Santa Fe, New Mexico.
She rents the unit merely to assure that she will have accomo-
dations when she vacations in Aspen. She spends less than one
month annually in the unit. The applicant anticipates that
August 27, 1979
Page TwO
Ms. Huber will renew her lease for at least an additional one
year. The rent during the next year will be approximately
$625.00 or .68 cents per square foot. The applicant anticipates
being in a position to present evidence of that renewal at the
hearing before:P&Z.
Prior to October 1978 the unit was rented for 16 months
to Jay Lussan, president of Company 3. The rent during that
time period was also $550.00 or .60 cents per square foot.
Prior to Lussan, Jean Ingham of Ingham, Dickerson, Weaver
rented the unit for six months at $600.00 or .65cents per
square foot. And finally prior to Ingham, Steve Martin, the
comedian, rented the unit for 18 months at $450.00 or.49 cents
per square foot.
The applicant submits that the granting of this application
will in no way reduce the supply of low and moderate income
housing. In response to the criteria set forth in Section 20-22(c)
1 through 6 the applicant states as follows:
1. As stated above, it is anticipated that the present tenant
will renew her lease for at least an additional one year.
Additionally, this tenant can in no way be considered an
employee but rather is a tourist from Santa Fe, New Mexico.
2. The applicant hereby states and will again reiterate at the
hearing before P&Z that no tenants have been required to
move involuntarily within the past 18 months.
3. The applicant has no present intention whatsoever to sell
his unit. Therefore, he has not had the unit appraised
in order to establish his sale price and, in fact, is not
in a position to even approximate such price.
4. As stated above, the renewed lease with Jennifer Huber will
be at $625.00 per month. The applicant has no objection
to this approval being conditioned on any subsequent increases
in rent being regulated by the percentage increase now
allowed under the current guidelines for low, moderate and
middle income housing.
5. The applicant is also willing to condition this approval on
giving tenants who do not exercise their right of first
refusal at least 180 days to relocate.
6. Again the applicant has no intention to sell his unit and
there is no prospective purchaser at this time.
August 27, 1979
Page Three
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As is detailed above, the rental unit has been consistently
rented for prices in excess of the current guidelines for low,
moderate and middle income housing as determined by the council
for additional points within the terms of the Growth Management
Plan. Furthermore, it has never been rented to what is tradi-
tionally considered employees. Jean Ingham and Jay Lussan were
when they rented the unit and are presently successful professionals
and Steve Martin, of course, is an eminently successful comedian.
Perhaps the most persuasive demonstration of the fact that the
supply of employee housing will not be reduced is the simple fact
that for the past year the unit has been, and in all likelihood
for at least the next year will be rented to a tourist from Santa
Fe, New Mexico.
The applicant submits that all requirements have been met
by this application and respectfully requests your approval.
Sincerely,
GARFIELD & HECHT
H~
Ashley Anderson
AA:d
Encl.
Improvement Survey (four copies)
Title Policy
Check for $20.00
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SCHEDULE A
Order No,:
7782,
Date of Policy: loUirch 16. 1978 at 8,00 11..11.
Amount of Insurance: $ 25.000.00
Policy No,: 1-1 497117
Loan No.:
1. Name of Insured
FIRST NATIONAL BANK m ASPEN
A'hJ>/OR ASSIGNS
2, The estate or interest .in the land described In this Schedule and which is encumbered by the
insured mortgage is: In fee simpite
3. The estate or interest referred to herein is at Date of Policy vested in:
ROBUI HOL'l'Y
4.
The mortgage, herein referred to as the insured mortgage, and the assignments thereof, if any, are
described as follows: \ .
Deed of Trust: frOllt Robin Ho1ny to the Public Trnst~~f Pitkin County for
the use of First National Bank in Aspen to gecttte $25;Q(.lO.OO dated February 21.
1973. recOrded Febrnary 28. 1978 in 1Joo1< 344 at page 32~\
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5. The land referred to in this policy is in the State of Colorado
County of pitkin , and is described as follows: .
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7, 6, S aM k to tM' p<<l:nt: of ~:!.11!'J'
'l"ogal:he:r with nOft 0<<:.1_1__ ""'...........t fm!"lngresllt and esX",S8 0VB'r and aeroS9
the' ~ly 14 feet: of Lot! Q.. 1\1~", .33. East: Aspel). AdMtion. C1t7 of A8?"ft.
Couftty' ~f! l':ttk:l.D. State of ("..I)l~.'
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t. RightS or claims of parties in possession not shown by the pUblic records.
2. Easements, or claims or easements. not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and anv 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 theretofore or hereafter furnished,
imposed by law and not shown by the public records.
5.Ta.,<e" for the year 1977 and thereafter, and any special assessment or char;:es
not yet certified to the offJee of the Com,ty Treasurer.
6.The right: of the proprletor of a v..in or lod.. to extraet and re!\lOve h19 ore
therefr01ll, shonld the SBMe be found to penetrate or inter"eet the predses
and risht of '>1!Jy for dit<:hes or canals constructed by the authority of tll..
t;nite<l States as reserved in Unit...! States Patent recorded October 21, 1955
~n Book 180 at page 454.
\
7.'11le right of the proprietor af a vein or lode to "-'{tract:
therefroa,,9hou1d tbe S1'''''' be found to J><!'netrat.. or inters.. I: tbe pr....ises.
as reserved in United States Patent or ~'C.d and any vein lode or qoart%
or other reek !n place bearl~ gold. ailv. innabar, lead, t1.'1, eopp<lr or
other valuable deposit claimed or kn<l'o'll to ,:<~t On Mareh 23, 1335. as re"",t"?'ad.
by Patent reeorded June 17. 1949 in Book 175~t page 246.
8.Conditions as set: forth in de eeorded A?ril'17, 1974 in Pook 286 at page
193 ~hich stat" substJ!Dtial1y allows:
,.Upkeep, ::;ainten
of the pArties 11
Such ease~ent sha
acro"" Lot Q).
91-...11 be the joint and =toal respon.sihility
reto. their heirs. :<eeutors. adaini3trators and assigns.
be accessible and open at all times. (Affects said eas~ent
9.10 foot cas"",ent to t, City or Aspen as sel: forth in Grant of Trail Ease"""nt
recorded April 22, 1974 in Book 286 at page 304.
'It).Any tax, assesSll!ent, fees or cha~es by reason of the inclusion of subject
property in As!"," Valley E09;>ital District, Aapen Sanitation District, Aspen
Street Improv~ent District, Aspen Fire Protection District and The City of
Aspen..
i1..Deed of Trost fro,", Robin Holny to the Punli" T't'nstee of Piedn County for the
use of !;'irst ",'''stern ~lort;;sge Cor>><>raticm of Texas to seC'.:!re $75.000.00 dated
tbrch 12, 1975 and recorded 1!.u-ch 13, 1975 in Fook 297 at page 64.
(continued on pa~e 3-A)
Exceptions Numbered
are hereby omitted,
Page 3
STI<:ViAH.T TITLE
GUARA:-O'i'Y CO)fI~AXY
1623
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Continuation of Schedule 3
AttClched to and 1T1iJ(!e:;1 p<Jd Jf Stewart Title G.LJar..Hlty Comp,-,ny POllLY No. ~ 497117
rIDTE, AS31,'~mDel't1: of abO'n! Deed of Trust: to Fort north Mortgage COr,>0T3t:ton
recorde<i J13rch 13. 1975 in r~< 291 at: page 71~
nOT~: AS3~n\: of ab<w1o De.od 01''1'1:'1181: to The Glandon Genoan :Bui1AlIng
m".a Loan eo..p..my recox'ded JUDe 6. 1975 In Book 299 at: ~age 521.
15111
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Page 3-A
STE'\L\.nT TITLE
GF.\U,\:\:TY C\l~II'A:-;Y
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11,1 I"'. ,...,1>,'"'' 01 ,,,.. CO""'l->""V ~h..1l n01 b. .nc(O!'..~ by
,><.Id.l,on... pr.ne,pal ",,J..bl.,un.,.,.~ crt'alP.t.1 subo;",'qu",nt to DiI(~ of Pol,ey.
e'H;':!pt as 10 amounl,> ;:>d..,-.ncoo to prot~ct th~ h.m of the in 'lUred
mortgage arid Si!'cur':!d thereby.
No payment shdll be mad.. wIthout prooucmg th... policy for
endors':!ment of such payment unle~s the policy be lost or d~~troy~. in
which Cd,e proof. of such 105s or d~')truct;on shall be fur"i~h~ to the
satisfaction of the Company.
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4. NOTICE OF LOSS - LIMI TATlON OF ACTION
In additIon to th~ notices required under par;J9r"ph 3!bl 01 ...........
Co"d,[lons "nd Stipulations, a st~temi:!nt in writIng of any lo>s Of
damag.? for which it is claimed the Company is liable under this POlicY
shall be lurni5ht:d to the Camp.:Iny within 90 day., after such loss or
(lJmag~ shJlI have been determined and no right of action shall accru~
to an insured cl",imant until 30 d<lY" after such statement shall hav~
b~ecl furnl~hed. Failure to furnish such slatement of loss or damage
shOll! terminate any liability of the Compnny under this pOlicy as to
such to~s or damage.
5,
OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS
The Company shall have Ihit optIon !l) payor oth<,rwi,it settle for
or In the name of an insured datl"ant any cl<llln insun>d <l9a.nst ar (0
l<.lrmll),lle all hahility and Obj,gdltonS of lh~ Camp;",,! he...und~' b',
paying or tendering paym~nt ot Ihe amount of 1!",lJrJ!\(!J' und.,r ,h,s
policy ta'J~lher with any cosrs. aHa,n>:ys' It.'~s ,JIld '"'(p.~n~s 'ncurr<"(j l.O)
to th~ t,me 01 such paym"'f1t or lend.,r al paYfl~"1 hy tho: "'\.ur..,j
claimanl ilnd aulho"z~ by th~ Company III e..H~ loi.' or d"'TM'?!, '\
c1ililTl~d uncl':!r lhis policy by an insured. Ih'!' Comp,)Oy ~h.11I hdVoJ' Ih"
furlher option to purchase such .ndcbll!O.JIl':'S'Io for Ih., amounl 0...."'9
thereon to~tht'r with all co'us, a1torn"'y'~ f~e'lI and t!''lP<'nSlu wh.Ch In"
Company is obligated h",rl!'under to pay. If th~ Company off~" 10
purch.)se Solid ind~btedn~J as h~re," pro",id~, tho!' owner of such
indebtedness sMaH trand~r and ;)5Slg0 said ind<:,bll!'dn~s'i and Ih~
mortgagp. and any collateral sp.curing Ihe same toth~ Company upon
payment therefor as hdfei., provided.
6.
DETERMlNATION AND PAYMENT OF LOSS
,
loll The liability of the Company under this policy shall in nO case
exceed the least of:
(i) the actuallas!> of the inwred claimant; or
liil the amount of insurance statE!d in Schedule A. or. if
applicabla, the amount af insurance as defined in paragraph 2(al
hereof; or
Iii i) the amount of the indebtedness secured by thi:'! insured
mortgage as determin~ under pilrclgraph 8 hereof. at the time the
loss or damage insured againST hereunder occurs. together with
interest th.-reon; or
(bl The Company will pay. in addition to any loss insured against
by thii policy. all COits imposed upon an insured in litigation carried on
by the Company for such insured, and all COSIS, attorn~ys' f~es and
expenses i,l litigation carried on by such insured with the written
authoritarian of the Company.
(e) Wh~n liability has been definitely fixed in accorance with the
conditi'Jns of this potiey. the loss or damag~ shall be payable within 30
days thereafter.
1. LIMITATION OF LIABILITY
No claim shall arise ar be maintainoole under this p.olicy la) if the
Comprtny, aftrlr having recei",ed notice of an allegt'!d defect, lien or
encumbrance insured against hereunder, by litigalion or otherwise,
removes such defect, lien or encumbrance or establish~ the title, or th:!
lien of the insured mortgagt'!, as insured, wi;:hitl a re.:lsonable tima after
receipt of such notice; (b) in the ~vent of litigation until there has bl'!en
a final determin<;ltion by a court of competent jurisdiction. and
disposition of alt appeals thf:!refrom, ..dverse to the title or to rh~ lien of
the insur.:od mortgage. as insured, as provid~d in paragraph 3 hereof; or
tel for li3hility voluntarily assumed by .:In insured in settling any claim
or suit without prior wriuen cor:sent of the Company.
R
REDUCTION OF LIABILITY
(ill All paym~nts under Ihis policy, exr.ept payments made for
costs, attomeys' fees and cl(penSei, shall n..>dllce the amount of the
insurance pro tanto; provid~, hO.Never. such payments, prior t() the
acquisition of title to said estate or interesl as provided in paragraph
2(a) of th::se Conditions and Stipularions, shall not reduce pro tanto
the ;)mount of the insurance afforded hereunder except to the extent
that such payments reduce the amount of the indebtedness secured by
the insured mortgage.
Payment in full by any person or voluntary satisfacrion or rele,lS.e
of the insured mort!J<lg~ shall terminate .:Ill liability of th!! Company
except as providt'!d in pllragrilph 21<11 h~reof.
Villid Only If Schedul~s A and BAre Attal:hed.
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9,
LIABILITY NONCUMULA TlVE
If the in'iured acquires till~ to the estate or int!:r'!st in satisf<Ktion
of the indebtedn'hS secured by the insured mort';lJge. or any part
ther~of, ir is exprf'~sly und~rslOod that tl'l~ amounl of insurance under
this policy shall be reduced b', any amoul)t the Company may pay
under any polICY irlsunng a mortgao]e h"r~after ell.ectJt~ by an inwred
wh'ch IS a charge or It<:,n on th.> ~~tJle or ill,;,>r.:>~t d'!'scr,b~ or ref~rroo
to 011 Sch~ul~ A. iJnd Ih~ :!muunt :'0 ;.lJ;d ~h.JlI be d"~mffi a payment
urllkr Ih,~ pot.cy.
10. SUBROGA TtON U?ON ?':"Y:\lENT OR SETTLEMENT
\'Ih..,,~..r th~ Cor'l;':>.i"y ~hJII h.lv~ '.enled a claim under this
pobey. <Ill r'9h1 of ~ul)f"OgJ"on ,;hall "~I ,n the Company t:naff~.ed by
Jlly Joet of ,h" H1'iU~ CI.l.J:'1dnt, e'lcept that th... owner of the
ind~bl'XJn!!"u S<!'cur!J'd by Ih;, insured mortg<Joge may release o.r ~\Ibstitule
the p~r~onalliablhIY of any d~blor or guar.1ntor, or e>t tend or olhel'\.vise
mO<JoIy lhe terms of pay'nellt. or fcl~aSI!" a portion of Ihl! estale or
interest from th" Ii!'n of thl!' insured mangag\!, or rel~aw any collat",rill
security for the indeblednlM:,. provido!d such ;Jct occurs proor to receipt
by tho: Insured of notice of any claim of titl~ or int~resl adverse to the
titl<O' to the estaU~ or interest or the priority of the lien of the in3Ured
martguge and tlo",s not rE-;')lt in any 10>> of priority of th~ li",n of the
insured mortgage. The Company shaa b~ subrogated to and bot entitl~
to all rights and rem~ies which such insured claimant would hav" had
ngainst any person or property in respi:!Ct to such claim had this policy
not been i~sued, and if requested by the Company, such insured
datmanl shall transfer to the. Company all rights <lnd remedill's agaitlst
any person or property necessary in order to p'!rfect such right of
subrogation .:Ind shall permit t~e Company to use the name of such
insured claimant in any trar)saction or litigation involving such rights or
remooi:!s. If the pdyment does not cover the loss of such insured
claimant, the Company shall b'J' subro9at~ to such rights and rem~ies
in the proportion which sa;cj paymenr bears. to the amount of said loss.
but such subrogation shall be in subor.dinarion to Ihe insured mortg.:lge.
If loss of priority should result from .:Iny act of such insu,~d claimant,
Such act shall not void this policy. but the Company. in that eV'!nt. sh.)1/
be required to pay only thaI part at any losses insured against
hereunder which sn;lil exceed thS' amount. if anY,la,t to the Company
by reason of the impairment of the righ, of subrogation.
11. LIABILITY LIMITED TO THIS POLICY
This instrument together with all endorsemenu and other
instruments. if any, altached hiC'r.:>to by the Comp::my is the enttre
policy and conlraCI between the insured and the Company.
Any claim of toss or damag.... whether or nOI based on nagligf!'nce,
and which <:Irises out of the status of the lien of the insllred mortgage or
of the title to th,. e>,al~ or iro,erest COvered hereby or any action
asserting ~uch. cl.lim, shall b~ re~trlcted to the provi~ions and conditions
and stipulations of this pOlicy.
No amendm'i'nt of 'or endorSBment to this policy can be madt!
exc<lpt by writing endorsed hereon or attached hereto signed by either
the President. a Vic~ President. thi: Secretary, an Assistant S~cret.'lry. or
validaling officer or au ti'lOriwd signatory of the Company.
12. NOTICES. WHERE SENT
All notices required to be gi.Jen the Company cmd any statement
in writing required to be furni.,hffi the Company shall be Olddressed to it
at P. O. Box 2029, Houston, Te'las 17001, and identify this policy by
its printed POLICY SERIAL NU,\i1BER which appears on the bottom
of lhe front of the first page of this pOlicy. The use of AlA MAIL for
these notices and statements will expedite and aid proper handling of
claims hereunder.
13. The premium specified in Schedule A is the entire charge tor
acceptance of risk. It includes charges for title search and
e'<3rnination if same is customary or required to be show" in the
state in which thd' policy is i$sued,
S'l']~'\F..;\..l{"r "l'I'rl..l~
Ol'AR.\:'iTY CO~tl'.\S\'
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Reception f231044
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Recorded at 11:53~M Febrl y 23, 1931 Loretta Banner, Rec,
jjJ
er
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MOLNY - EUBANK
SUBDIVISION EXCEPTION AGREEMENT
47 E:"
THIS AGREEMENT, entered into and made this B~
~!.
day of l)~
1980, by and between ROBIN MOLNY and DALE EUBANK (hereinafter referred
to as "subdivider") and THE CITY OF ASPEN, COLORADO, a Municipal corporation
(hereinafter referred to as "City").
WIT N E SSE T H
WHEREAS, Subdivider is an owner of two duplex buildings situate
on a tract of land situate in the City of Aspen, Pitkin County, Colorado,
more particularly described as Lots R & S, Block 33, Aspen Addition and
part of Lots 6 and 7, Block 5 Riverside Addition.
WHEREAS, Subdivider has submitted to City for approval, execution
and recording a final subdivision plat of the above-described property,
such subdivision to be known and designated as "Malny/Eubank Subdivisionll
and
,IIlEREAS, the City has fully considered such subdivision plat, the
proposed condominiumization of the improvements of the property shown
thereon, and is willing to approve" execute and accept the plat for
recordation upon
,
the agreement of, ~..d.i ivider to the matters hereinafter
matters are deem~d)llcessary to protect, promote and
. '~","'~
described, which
enhance the public welfare, and
WHEREAS, Subdivider and City wi3h to reduce this agreement to
writing,
NOW THEREFORE, in consideration of the premises, the mutual covenants
herein contained, the parties hereto agree as follows:
1. Any existing tenant shall be given written notice in the event
that tenant's unit is offered for sale, which notice shall specify the
sales price. Each tenant shall have an exclusive non assignable right for
the ninety (90) days following the tenant's receipt of the notice to
purchase his/her unit at the price specified in the notice.
2. Each tenant shall have a ninety (90) day exclusive non assignable
right of first refusal to purchase his/her unit, which shall commence
when a bona fide offer is made by a third person and accepted by the
.m4 ~~683.
owner and notice of the offer and acceptance and a copy thereof have
been delivered to the tenant. In the event his notice of offer and
acceptance is delivered to the tenant while the ninety (90) day right
set forth in paragraph one (1) above is still in effect, the tenant
may purchase the unit for the amount of the initial specified sales price
or the amount of the bona fide offer, whichever is less.
3. Each unit of the duplexes shall be restricted to six (6) month
minimum leases with no more than two (2) shorter tenancies per year.
IN WITNESS WHEREOF, the parties have hereto executed this Agreement
as the day and year first above written.
il~~
CITY OF ASPEN
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By
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, Mayor ~ro'-TQ"",
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STATE OF COLORADO)
) ss.
COUNTY OF PITKIN )
4fknowledged, subscribed and sworn to before me this
IJJ~, 1980, by ROBIN MOLNY & DALE EUBANK.
8 ~ day of
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Witness my hand and official
My commission expires:
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