Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
coa.lu.ec.Dunn/Bishop Alpine Acres 1987 2737-074-21-001
Pu,n n /3iShop S� b .v • .a .� �.+Cu � -l� o r. �737-d7�-al-oai -o0a E 130 South Galena Street Aspen, Colorado 81611 (303).925-2020 LAND USE APPLICATION FEES City 00113 - 63721 - 47331 - 52100 GMP/CONCEPTUAL - 63722 - 47332 -52100 GMP/PRELIMINARY - 63723 - 47333 -52100 GMP/FINAL - 63724 - 47341 - 52100 SUB/CONCEPTUAL - 63725 - 47342 52100 SUB/PRELIMINARY - 63726 - 47343 52100 SUB/FINAL - 63727 - 47350 -52100 ALL 2-STEP APPLICATIONS - 63728 - 47360 -52100 ALL 1-STEP APPLICATIONS REFERRAL FEES: 00125 - 63730 - 47380 -52100 ENVIRONMENTAL HEALTH 00123 - 63730 - 47380 -52100 HOUSING 00115 - 63730 - 47380 -52100 ENGINEERING County SUB -TOTAL 00113 - 63711 - 47331 - 52200 GMP/ GENERAL - 63712 - 47332 -52200 GMP/DETAILED - 63713 - 47333 - 52200 GMP/FINAL - 63714 - 47341 52200 SUB/GENERAL - 63715 - 47342 52200 SUB/DETAILED - 63716 - 47343 52200 SUB/FINAL - 63717 - 47350 52200 ALL 2-STEP APPLICATIONS - 63718 - 47360 52200 ALL 1-STEP APPLICATIONS REFERRAL FEES: 00125 - 63730 - 47380 -52200 ENVIRONMENTAL HEALTH 00123 - 63730 - 47380 -52200 HOUSING 00113 - 63731 - 09000 -52200 ENVIRONMENTAL COORD. 00113 - 63732 - 09000 -52200 ENGINEERING PLANNING OFFICE SALES SUB -TOTAL 00113 - 63061 - 09000 - 52200 COUNTY CODE - 63063 - 09000 -52200 ALMANAC - 63062 - 09000 - 00000 COMP. PLAN - 63066 - 09000 - 00000 COPY FEES - 63069 - 09000 - OTHER SUB-TOTAL 9Ne�l+a.yEh%ss,dr. — S �y7� LL TOTAL Name: fPC T '/JOB Phone: ra Address: Project: /jI- I Jt3 Check a Additional Billing: Date: — _� L.Q Hours: — CASELOAD SUMMARY SHEET a %3 %- O7� - - 00 / City of Aspen -00A ,DI.TE RECEIVED: /c��F6 Ps E NO. 16/2 Yj DATE RECEIVED COMPLETE: <<�����sL, STAFF: 5 �� PROJECT NAME: 29/,5`7op / ?PL ICANT- 1T .5e&ant` h r eS3 /Sh0 Applicant Address/Phone: D a Ps 9o?S=S Sp ch sS ;�o70-ozoY�� REPRES EN TAT IV E: _ Representative Address/Phone:_ Type of Application: I. GMP/Subdivision/PUD 1. Conceptual Submission 20 $2,730.00 2. Preliminary Plat 12 1,640 .00 3. Final Plat 6 820.00 II. Subdivision/PUD i-. ' Con-ceptuai Submission 14 .$i1900.00 2. Preliminary Plat 9 1,220.00 3. Final Plat 6 820.00 III. All "Two Step" Applications 11 $1, 490 .00 IV. All "One Step" Appl icationsv-1 5 $ 680 .00 V. Referral Fees - Environmental Health, Housing Office 1. Minor Applications 2 $ 50.00 2. Major Applications 5 $ 125.00 Referral Fees Engineering Minor Applications 80.00 Major Applications 200.00 P&Z CC MEETING DATE: NO PUBLIC -H-EA-RING • YES10 DATE REFERRED: �I L INITIALS: REFERRALS: City Atty Aspen Consol. S.D. School District City Engineer Mtn. Bell Rocky Mtn. Nat. Gas Housing Dir. Parks Dept. State Hwy Dept (Glenwd) Aspen Water Holy Cross Electric Statefiwy Dept (Gr.Jtn) City Electric Fire Marshall Bldg: Zoning/Inspectn Envir. Hlth. Fire Chief Other: Roaring Fork Transit Roaring Fork Energy Center _______ ----------------- :'INAL ROUTING: DATE ROUTED: �-8 IN IT IAL - Ax-/ City Atty City Engineer __ Building Dept. Other: FILE STATUS AND LOCATION: &A � Other : CASE DISPOSITION: ispen nh isilty SLJJiv;,�;�1 �.J lylReviewed by: P&Z City Jlcocil JOHN THnMAs KFLLY A'1"1ORNKY AT LAW 117 ti()1" I'll 1,111,1NG ti l'IllsET ASVEN. CO1.(/12ADO 81611 11i1111? (3031 925-1216 June 8, 1987 Mr. Steve Burstein Planning Department City of Aspen 130 South Galena Aspen, CO 81611 Re: Alpine Acres Rezoning Dear Steve: The purpose of this letter is to supplement our previous application for rezoning and address those items raised in your letter of May 1, 1987. Item 1 - Ownership. The ownership of the subdivision is as follows: Lot 1, Alpine Acres. Unit 1 - Barbara and Joe Tarbet �( (Alpine Acres Condominiums #1) Unit 2 - Peter Wirth ' Lot 2, Alpine Acres. Unit 3 - Nick Coates (Racquet Club Condominiums) Unit 4 - Betty Coates Lot 3, Alpine Acres. Unit 1 - Brent Waldron (Racquet Club Condominiums) Unit 2 - Lee Lyons Lot 4, Alpine Acres. Unit 1 - Charles Bishop (Alpine Acres Condominiums #4) Unit 2 - Lucy & Joe Dunn Lot 5, Alpine Acres. Unit 1 - Michael F. & Christine P. (Alpine Acres Condominiums #5) Hass Unit 2 - William G. and Shirley H. Peterson Steve Burstein June 8, 1987 Page 2 All owners of the units have signed the Petition except the owners of the Racquet Club Condominiums. They have verbally indicated they will sign, based on a voluntary 2500 square foot FAR restriction, but wish to wait until next week when Nick Coates returns. We would request that you put us on an agenda. If for some reason the Racquet Club owners have not signed by then, you could withdraw the application. 2. Enclosed herewith are the following: 1. Plat of Alpine Acres Subdivision; 2. Annexation Map prepared by Tri-Co (now Alpinf Surveys; 3. Condominium Map for Alpine Acres Condominium #1; 4. Condominium Map for Racquet Club Condominiums; 5. Condominium Map for Alpine Acres Condominium #4; 6. Condominium Map for Alpine Acres Condominium #5; I have personally examined the records of the Clerk and Recorder since the filing of these Condominium Maps and find no other easements other than the 2- foot easement recorded in Book 321 at Page 326. Accordingly, it is my position that you have in your possession accurate surveys of all the ;-r-perty in the form of the City approved licensed surveyor ct--�'ified Condominium Maps. 3. The envelopes are enclosed. 4. The information you request is as follows: (a) Size: Lot 1 - 19,116 square feet, +-` Lot 2 - 15,890 square feet, + Lot 3 - 15,890 square feet, + Lot 4 - 15,890 square feet, + Lot 5 - 16,425 square feet, + Steve Burstein June 8, 1987 Page 3 (b) Square footage existing units Lot L 1, Unit 1 - 885; Unit 2 - 1475; Lot 2, Unit 1 - 1675; Unit 2 - 1675; Lot 3, Unit 1 - 1675; Unit 2 - 1675; Lot 4, Unit 1 - 950; Unit 2 - 1050; t 0 5, Unit 1 - 800; Unit 2 - 1075. (c) Permitted FAR under current zoning (R-15) ^_.J41 Lot 1, Unit 1 Lot 2, Unit 1 Lot 3, Unit 1 Lot 4, Unit 1 Lot 5, Unit 1 - 2583 sq.ft.; Unit 2 - 2583 sq.ft.',, - 2486 " " Unit 2 - 2486 " " - 2486 Unit 2 - 2486 " - 2486 Unit 2 - 2486 " - 2503 Unit 2 - 2503 " (d) Permitted FAR under proposed zoning (R-6) Lot 1, Unit 1 - 4118 sq.ft.; Unit 2 - 4118 sq.ft. Lot 2, Unit 1 - 3795 " It Unit 2 - 3795 " of Lot 3, Unit 1 - 3795 Unit 2 - 3795 " Lot 4, Unit 1 - 3795 Unit 2 - 3795 " Lot 5, Unit 1 - 3859 Unit 2 - 3859 " The FAR calculations were made by my clients after consultation with Bill Drueding of the Building Department. 5. In our opinion, the only potential for lot splits would involve my clients' Lot 4 and the Hass/Anderson Lot 5. The reason for this is that the structures on Lots 1, 2 and 3 are true duplexes which are physically not susceptible to separation without virtually destroying the buildings. This is so unlikely that I do not believe the City should be concerned. The Hass' and the Anderson's could, of course, apply for a split as have my clients. • 0 Steve Burstein June 8, 1987 Page 4 6. Regarding the FAR restriction in the zoning ordinance, it should initially be pointed out that it applied to the unimproved lots (2 and 3, Alpine Acres. These lots contain the Racquet Club Condominiums and the expansion of th se condominiums is so remote as to be of little concern to e City. These units slightly exceed the FAR restriction, A it is arguable that the restriction did not apply since hen the Racquet Club Condominiums were built, as the rezoning d not been completed as the Map was not amended as the Code requires. Lots 1, 5 and 4 have been improved since the early '60's, well before annexation and rezoning. While a P.U.D. overlay was discussed, at the time the Council apparently thought it unnecessary since they did not enact P.U.D. zoning. ,,41In any event, we do not think P.U.D. is necessary or appropriate in this case. 7. The comments regarding historic designation are in error. It had been my impression that they had incurred higher rankings. My clients are not requesting designation at this time. �bpr rev 8. Yes. As we discussed, the lot split api , ication X� previously filed would proceed simultaneously with the rezoning. Conclusion: It is my impression that, as far as planning is concerned, the chief problems you have with the rezoning is the potential for future lot splits, the increased FAR permitted under R-6. As stated above, barring demolition of the structures on Lots 1, 2 and 3, the only real potential for lot split exists on Lots 4 and 5. The only reason for a lot split request would be to improve and modestly expand the Victorian structures in an architecturally sound manner. Currently these buildings can only be expanded as duplexes which could be disastrous from an architectural Stan o nt. The second major planning concern is size. Initially, I would like to point out that none of the owners of the Steve Burstein June 8, 1987 Page 5 subdivision want to see huge edifices sprout up which are out of scale with the neighborhood. Accordingly, all of the owners have agreed that they would be willing to have a oluntary external FAR restriction of 2.500 square feet per welling unit. This could be written into the zoning ordinance and could also be placed of record as a private covenant running with the land, should counsel so desire. I would appreciate pp to your putting this matter on the agenda as soon as possible. My clients have put a great deal of time and money into what is essentially a simple matter. Thank you for your kind cooperation. JTK/og Enclosures cc: Chip Bishop Joe Dunn Brent Waldron code dunnbish.ltr very tr y ours, John Thomas Kelly October 23, 1986 City of Aspen 130 South Galena Aspen, Colorado 81611 Re: Lot 4, Block 1, Alpine Acres Subdivision, Condominium Units 1 and 2 Dear Sirs: We hereby request an exception from the subdivision requirements in accordance with Section 20-19 of the code and request that city council grant the following subdivision. We currently own Alpine Acres Lot 4, a duplex lot zoned R-6, and condominiumized into two units. We request permission to split the duplex lot into two single family lots. Original Subdivision -Exemption from subdivision and condominiumazation was approved by City Council on March 28, 1977, Statement filed Book 333, page 04. (Copy attached), minutes filed Book 341, page 449. (Copies attached). Current Own.-s- Unit 1: Charles O. Bishop 950 Matchless Drive Aspen, Colorado 81611 Unit 2: Joseph Dunn Lucy Dunn 940 Matchless Drive Aspen, Colorado 81611 We acquired the property December 29, 1983 from Luke Anthony, the original developer. improvements -There currently exist two single family victorian houses (Circa 1890) which were moved to this location from their original Aspen locations in approximately 1964. Unit #1 approximately 900 square feet, unit 2 approximately 1000 square feet. The two houses are currently not physically connected and thus are non -conforming as a duplex. Purpose� of Lot Split -Approval of the change in form of subdivision from duplex condominiums to single family lots would free us from the duplex requirements currently causing our homes to be non -conforming and requiring the connection of the buildings in conformance with current duplex requirements. As single family lots, we would be able to improve and expand the houses independently without having to created one large building out of two small victorians, which would be incongruous with the victorian architecture. Facts - Current zoning, R-6. Lot size -15,925 square feet' Location -Lot 4, block 1; Alpine Acres Subdivision, 940 & 950 Matchless Drive, Aspen, Colorado. Current Use -Two single family dwellings. Proposed Use -Two single family dwellings. Lot size after split -Approximately 7,962 for each lot. The line dividing the lots will approximate the line shown on the current platas, the division between limited common areas. Our intent is for the lots to be approximately equal size. The granting of this request would simply be a change in the form of subdivision from single family condominiums on a duplex lot to two single family lots. It is our understanding that the proposed lots would meet the requirements of single family lots without creating the possibility of any additional units. Sincerely, 149 ��� Charles O' Dish � � Joseph Dunn Lucy Dunn J TO: Pitkin County Planning and Zoning Commission FROM: Herb Bartel, Regional Planner SUBJECT: Rezoning Application: Alpine Acres Subdivision (Luke Anthony) DATE: September 12, 1972 LOCATION: North side of Gibson Avenue, adjacent to Sunny Park Subdivision on the east, Smuggler Trailer Park on the west, and the Smuggler Raquet Club on the south. APPROXIMATE ACREAGE: 2.7 acres PRESENT USE: Platted R-15 subdivision (1964) with 5 lots (3 occupied by duplexes) and 2 platted and dedicated 60' streets. PRESENT ZONING: R-15 Residential PROPOSED ZONING: AR-2 Accommodations and Recreation PROPOSED USE: Apartments and multiple family dwellings PLANS FOR. THE AREA: The 1966 Aspen Area General Plan designates as High Density Residential that area north of Gibson Avenue as far as Salvation Ditch. It specifically recommends the following: A designation established to promote creation of housing available to permanent residents in close proximity with the commercial core of Aspen. Such housing is also envisioned as an integral part of planned unit develop- ments in outlying areas. Principal uses include multi- family housing of an apartment, row or patio house character, mobile homes, parks, schools and churches. The mine dump area beyond Gibson Avenue contains 42 acres of relatively level land presently zoned for residential use with a 15,000 square foot minimum lot size. Following restoration, it is recommended that the land be replatted for High Density Residential use as it is a convenient location for multiple family housing to meet the housing needs of service people in the area. The relationship of lot size to dwellings should be 2,000 square feet of land per unit. This density would allow row and patio housing suitable to the needs of permanent residents. Character of this area is envisioned as that of a planned community with a school and park site in a central_ location. Furthermore, the General Plan recommends the location of a primary school site in conjunction with any redevelopment of the mine dump area ( see page 26): Site acquisition is the recommended initial implementation step. To create adequate sites, a minimum of five acres each for primary schools, which are integrated with neighborhood design, the appropriate timing would be during preliminary planning of precise subdivision patterns. At this stage, the developer could work with the school district to select a site with convenient circulation access and related to dedicated open space aT16 trails in the vicinity. This procedure would link the provision of school facilities with dCVe.1_0pment progress in the urbanizing, port:ioas of tLe planning area. Page 2 Rezoning Application: Alpine Acres Subdivision September 12, 1972 The General Plan refers specifically to its own legal status and to the matter of timing for rezoning in the following paragraph: Any zoning regulations, including amendment to existing laws, considered subsequent to the adoption of this plan shall generally be in accordance with the plan. Thus zoning regulations must be based on the General Plan but need not include all the provisions of the plan relating to land use. In the matter of timing, land presently controlled for low intensity of use by zoning may be retained in that character, even though a higher intensity use is recommended in the plan. It is the duty of the Planning Commission to determine at what point in time a particular section of land should be rezoned for intensive urban use; using the guidelines contained in other portions of this report to aid in the decision making process. WATER AND SEWER: City of Aspen Water Department and Aspen Metropolitan Sanitation District. Both agencies have lines in the immediate vicinity. ZONING HISTORY: The R-15 designation for this property was accomplished in 1955 as part of the original zoning in the County. Sunny Park Subdivision, located east of the applicant's property, was annexed to the City of Aspen in 1964 and zoned RMF Residential Multi -Family. The Brownell property, located south of the applicant's tract, was annexed in 1970 and zoned R-6 south of Gibson Avenue and RMF north and east of Gibson. In 1972 the R-6 portion was rezoned to R-6 (PUD). The Top of Aspen property directly north of the applicant's land was denied AR-2 (PUD) zoning in August of 1972 and a portion of that land (R-15) is presently being developed as a tennis club under a County Board of Adjustment variance. The Smuggler Trailer Park west of the Anthony property is presently allowed in an R-15 zone under a Board of Adjustment variance. COMMENTS: Even though the 1966 Aspen Area General Plan recommends high density residential use for the applicant's property primary Planning Commission consideration should be given to the timing of and need for a change of zoning that would allow said land use and the resultant density increase. The following points should be evaluated in regard to the timing and need for a zone change: 1. Pedestrian and vehicular access and circulation must be provided for in an area presently restricted by accute transportation problems. An economically feasible solution should be effected prior to any further increase in density. 2. Although the Aspen Metropolitan Sanitation District has sewer mains in the vicinity and will allow hook-up to these lines it is questionable, at best, in light of the District's urgent attempt at expansion, that the existing facilities could handle development that can take place under existing zoning without the additional density increase (10 units to approximately 60+ units) that would result from the proposed zone change. • Page 3 Rezoning Application: Alpine Acres Subdivision September 12, 1972 3. Need for an additional density increase does not exist because of the abundance of undeveloped land in the immediate area presently zoned for similar land uses and densities. 4. When a community is unable to provide adequate public facilities to already developed areas it would seem unwise to expand that deficiency by granting a zone change which would greatly increase density. 5. Because of its location adjacent to the Aspen City Limits and because the great majority of the impacts of and responsibilities for any future development will be born by the City, the County Planning Commission should evaluate the City's opinion prior to making a recommendation. In conclusion, the planning staff recommends denial of the proposed zone change at this time because of the amount of high density zoning already existing and not developed, the deficiency in public facilities that already exists and the inability of the City and County to correct that deficiency at this time. ANTPON Y .42EZONING A /-LPL IC4 TION PRESENT USE MAID ,Q_/5 VAQ/ANG6 (ymu9gle►- Trails- Rack ) R-1 f5 VAJ2/ANC,. (�1119.9/,, (b quet Club) 5 ' / 4 "QL ALI�/IV� AC.QS6 5gWIV40n/ C. FIVE A2-/5=F__X&!5, 3 ♦\� ���EXI✓T//VG O/1/ Lg7'5 /, 4/ 5 2 RAIF RM FF 1 1 1 GALE o 1 " 01 OD' ICILY 1 L3�72 P!2FPAeF1:> dY M/-CO A4,,q NA,&EMFAJ T, /lam . �0 9 RMF RMF • 0 CITY4uth OF ASPEN 130 galena street aspeft, colorado 81611 303-925 -2020 MEMORANDUM DATE: May 19, 1987 TO: ALAN RICHMAN, STEVE BURNSTEIN, PLANNING DEPARTMENT FR: FRED GANNETT, ATTORNEY'S OFFICE �7 u L RE: SECTION 24-2.2 (C) OF THE ASPEN MUNICIPAL CODE --------------------------------------------------------------- --------------------------------------------------------------- After reviewing Section 24-2.2(C) of the ASpen Municipal Code, I am of the opinion the map, as it exists in the City Clerks Office today, is the official zoning map and the final authority as to the current zoning status of land, buildings and other structures in the City. Further, I am of the opinion that notations or designations, specifically zoning classifications, on the official map are the final authority on the specific classification of any particular property within the city limits, notwithstanding other indicia to the contrary. More specifically, the parcel of land known as Alpine Acres was annexed into the City in the late 19701s. Pursuant to City Ordinance, that land was re -zoned within 90 days of annexation and designated R-15. However, that designation was inaccurately noted on the official zoning map in the City Clerk's office as R- 6. Consequently, I am of the opinion that the Alpine Acres Subdivision is currently zoned R-6, despite the obvious clerical mistake. However, I believe that this apparent mistake cane° easily corrected by City Council Adopting a resolution directing the City Clerk to remove the R-6 designation for the Alpine Acres Subdivision and replace it with a R-15 designation. D • • L MEMORANDUM TO: Aspen City Council THRU: Robert S. Anderson, Jr. FROM: Steve Burstein, Planning Office PK RE: Zoning Map Correction of Alpine Acres Zoning DATE: May 20, 1987 BACKGROUND: On January 12, 1987 City Council was appraised of a problem in Alpine Acres' zoning wherein the subdivision was annexed into the City and zoned R-15 in 1976; however, the current zoning map shows an R-6 zoning for the area. The Bishop/Dunn request for a lot split of Alpine Acres Lot 4 was affected by this zoning map error. Council initiated rezoning of Alpine Acres so to help the Bishops and Dunns by allowing submittal of an application off the set dates for private rezoning applications. The applicants are in the process of preparing this application; and it should be considered by the Planning and Zoning Commission and Council in the near future. PROBLEM DISCUSSION: Fred Gannett of the City Attorney's Office and John Kelley, representative for Bishop and Dunn discussed the Alpine Acres zoning map error. In a memorandum from Fred Gannett dated May 19, 1987 (attached), he recommends that City Council adopt a resolution directing the City Clerk to remove the R-6 designation for the subdivision and replace it with a R-15 designation. Our research indicates that R-15 is still the correct zoning of Alpine Acres, as no ordinance has superceded Ordinance 69 (Series of 1976) which originaly established the R- 15 zoning. It would be propitious to clear up the error least there be more confusion. RECOMMENDED MOTION: "Move to approve Resolution_ (Series of 1987)." CERTIFICATE OF MAILING I, hereby certity that on this,,.. day of 1981- , a true and correct copy of the attached No ice �f Public Hearing was deposited in the United States mail, first-class postage prepaid, to the adjacent property owners as indicated on the attached list of adjacent property owners which was supplied to the Planning Office by the applicant in regard to the case named on the public notice. Nancy Caeti� 0 • MEMORANDUM TO: Aspen City Council THRU: Robert S. Anderson, Jr. , City Manager FROM: Steve Burstein, Planning Office �u2 RE: Bishop/Dunn Subdivision Exception DATE: January 7, 1987 The Planning Office and applicants jointly request tabling of this item to the January 26, 1987 meeting. A zoning problem has been discovered that requires additional time to be resolved. i �iii � `fir: .r �..w r .,.•s. / �(n • S ,.....'^"ir' aww.." \O'I•E4 7 w mom wrl••�+r ' 'Y .)w Nr..��N pM WTiif�� ~ .* Y4A N.�, r•�• A•�_� .may .ter . � �'� .1, K w•••r...•wa.i•r`at - . t 7"'�'�,•� [ �+ .,AIM F + ..j •'3' '•S' s r 4- 1. E • iiw 9 0 mad 6006 b D Ab E « 1: w ' .. L_ TlJ 6 CQI.KT CLUB OONOOMIN + :�..�..7r►"-` - � �'-ice i� �� mow. un� i.., I .oraa•..r. a�►1 (.'e , I 1 ` - Q ��. ac• .ter. ..r+n _ r—�` � \ !�•- ,'..- � ;� �`� I ... _.... _.� 7L-7 r— 00 740 m6YhL T.a ga�OIF�CLLID CO.�.00ww.al+'J KA�.X aC 4G9 �lrOnw �Yy.1 �7YGw. OT�sOO < < DRIVE CERTIFICATE P "ORM.M. F *- Ram' il 0 NEW , ,t.lt%,k:YOK,s NOV 'VKTIFICATF 10(m I Hill if III f", r• (0 PUBLIC NOTICE RE: ALPINE ACRES SUBDIVISION REZONING NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, July 21, 1987, at a meeting to begin at 5:00 P.M. before the Aspen Planning and Zoning Commission in the City Council Chambers, 1st floor of City Hall, 130 S. Galena Street, Aspen, Colorado, to consider an application submitted by Charles Bishop and Joseph Dunn requesting Subdivision request for a lot split of Alpine Acres Lot 4 and Rezoning of the existing R-15 to R-6 zone. They are also requesting restriction of the total floor area of the development. For further information, contact the Aspen/Pitkin Planning Office, 130 S. Galena Street, Aspen, colorado 81611 (303) 925- 2020, ext. 222. sl C. Welton Anderson Chairman, Aspen Planning and Zoning Commission Published in the Aspen Times on July 2, 1987. City of Aspen Account. UIC�C� PE , 4.4 �P r-: AL/Mtl ..fir ......w,... r v I [Ynaw ` i AW E AN .t /Ml:Y .f N AP ro 1w rVw.r�ro /11M�Y � AMs�r n t.R try r JVN r, . - P7w' ..ws► Qs.rr�Mr.�wr er��J ..r �. ., �� }- } QNTNONY )2=0 VING APPLICATION PRESENT U5E MAID ,2-/5 VAQIANCF- Cgmu9yler Troilev Fbrl� R-15 ✓A,2/ANC (-.5rrxjgq/e�- �hcquet club) \ / 4 4L AL. P7A/K ACQF S Suao1 ✓/ /ON \� FIVE R-l5 Lori 3 � � �EX/sr�n/G FXES 0l1/ LOjS �, 4, 5 O\J / J \\ ') 2MF Q � � �'�,�� • � � / ��\ IMF RMF 5, RA -IF 2MF , -E- Y� / \C \ 1� \ 1 1 1 � 1 � Al E I " e 100' .JULY I l?>72 PQEOAeFL> dV 7!2/-CO MANq eA4E-AJT /AX- ANTI-IONY QFZOAIING APPLICATION PRO �� SU(3D/�//�C�/ UNI Q ,Q£ UFSTED Srnuyyle�- Tioik—►- POvi1- S ` PART OF A PC) lc 02/GIJT-OF- WAY )CO/2 G/BbON AVEAVVAE — 5rrnuggle,, Qacquet Club LOT / / ACQE t P� 0 J P`� LO_ r � / AC,eE t 50' 2CX7' 0 100 , SALE I = 100, P2EPAlPED BY 7Q/-Co MANA6FMFNT, lam. is • AMPONY PONY 1Z?EZO NI ` G APPL I CA TKO/ OWNS 5�lP MAP hy1WGtJE2 TRA! LE2 PAR k _ I NC r F.30 k 50� L-7PE/V P of A5PFIV ZNc . o TRl-co MANAGEMENT 8ok /730 ASPEN 2.7 Ac,QEs LolzF w. 4N774o1y Y \ 1 X / 2 71 At)PE^J 7C)P OF A5PF N //.C. 1'' �\it\\ J\ � A'\ q � � do 50' 2Lo' O lco P12EPA,pED /3Y 712/-CO A fAA/.4�EMENT, /AC. ANTI-/ONY , 2EZON/NG APPLICATION PROPOE)ED 503D/V/aVQ^/ OV5EQ kc' QUESTED AR- 2 ZONING 5rnuyy/e►- T,o;,-, Park PART OF A PU5 rC o2l T-OF- WAY F0t2 6/85GYV AVENUE - 5v„U99Ie,- ,20CgUet club LOT / / A02E t P� 0 a� a\� _ QJ LOT 2 (� l ACQE t � 1 1 i . 1 1 r 1 � O IQO l i tDCALE'l I"= Inc, 1972 r-VEPAPED 3Y 72/-Co MANAGEMENT, MoC . ANTPONY 1. ?EZO/NING 4PPL I CATIC3kJ OWNER 5N/P MAP r���(.ER TAAI LE2 PAR K /NC . ij0 k 50� 1__ SCALE � I "=1G20' .JL.I' Y I �72 P12EPAl2E0 13Y 7�Q1-CO MAA/.4CEVE/V T /AC . TOP OF A bPEN I NG O T21-CO MANAGEMENI- Fsox /73v ASPEN , ME k ..Alto !��\ Oil ► \ L / i �F - -fir•' i "` � � � \ A J}p /L/ t - � /% / , � 1 -NA 61.3 Af_ .i .. . \ .\� % t/ )Y��� � , \\' ' '�f •'mod i^ }�.1 i PIX'PFQZY _ f � - �" r} ,ire; - •a- _ '` L � � > � • � ' �: UNDER 1 •� �.� 1 \ -_ i 1 : � _ - - - ++ 'sue -6,000 N. - .tea. !� '`" .,yam.. � �.` I I I _ i /gin \��\ ��' �`�'\ •,\ ;�+ ?� 'tr.*'t Ilk 47 C 7201. 1 f 7LJ-GO MAl44E6M6M ANTI-40NY )C,?EZON1NG APPLlG4TlO N PRESENT USE MAP ,Q_ 15 VA2/ANGF— (gmv9y/er Trailev Bark ) �2MF 1 f� �1 O -- 100' Z00' -.ALE b I u - 1001 DULY l 3072 PJ2EPA+eED e3✓ 7)2/-GO M,4NgCEMEA)T, ME. 0 AN7�-IONY ,2EZONING A PPL I CA TION PROP(y----)E,D LNLEIQ A F UESTED AI?- 2 ZONING, �rr)u9y le �,- 7 rG i is v Pa r PART OF A PUr30(� 02/6/4T-OF- WAY F02 6/85cON AVE NV,E - 5muggle ,- 2acquet Oub LOT / / ACQE t Pl 0 a� J P� LOT 2 \\ 4' / AC t2E L � 1 1 1 r 1 i O l00 i z' i tDCA E 1� I °= leol Pl2EPAl2E0 6Y 710-CO MANAC-E- V1E-NT, /AC-- . AMPONY ):�?EZOI ING APPL I CATIO�J OWMSQ 5�IP MAP SM�R TRAt L�2 PAR K /Nc F30 k 5G� 4�PE^' 2.7 ACQES P OF Af PFN NG p TB/-C MAl\/A6EAfFA/F P4k /730 ASPEN LUKF W. Ajy&o/v Y BOX /27/ A5PEnl OF A5PEN.I \1 50' 20U � 5C11LE � I'�=lU7' .JC.X_Y I�J72 k-�2EOAl2Fn /3Y 72/-co /t. AA.U) EJWENT, /AC . O U77W + x t r K "ii 61.3 'Ole TREES. ''• ig JA k - � v� _Y • \� 4� j� l r r .�-v >�� � � � / \ _ � / � �1 (y+u, l ! 3-F {L�yr � ;� -, �yf,.� _'F , c 1\ ;� , yam` 2.7 AcJ2FS / i1 } ��,►5 �i UNDER a� . - \ / ice. \ , \ \YYV�` '.' \ i - _ _— •' � � Tj I_ .` 77 ft _.' TREES ,Ap y .7rt . _ y7l`. _ - _ Rio. O •': =s - ' �� . \a .'!yiY.- - ti A. ,. wpl �• , � ,,: /�•�!Y<C// /7%�, _ L ` _ fro,. r J RECORD OF PROCEEDINGS 100 Leaves ro" M a I. N01CK[l e. n. a L. to. ORDINANCE NO. 69 (Series of 1976) AN'ORDINAN'CE ZONING BLOCK 1 OF THE ALPINE ACRES SUBDIVISION TO R-15, �7HICH LAND HAS RECENTLY BEEN ANNEXED TO THE CITY OF ASPEN PURSUANT TO ORDINANCE NO. 33, SERIES OF 1976, AND THE COLORADO MUNICIPAL ANNEXATION ACT WHEREAS, the City Council has recently annexed Block 1 of Alpine Acres Subdivision to the City of Aspen and is therefore required, by the Colorado Municipal Annexation Act, to zone the same within 90 days of the effective date of the annexation proceedings, and WHEREAS, subsequent to their public hearing held November 2, 1976, the Aspen Planning and Zoning Commission has recommended that the above -described property be zoned R-15, and WHEREAS, subsequent to the public hearing, the Aspen City Council agrees that the area should be appropriately zoned R-15, provided that certain conditions shall be met, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That from and after the effective date of this ordinance the following described property shall be zoned R-15, and subject to those zoning regulations applicable to said zone district and described in Chapter 24 of the Aspen Municipal Code (as now exists or may hereafter be amended): All of Block 1, Alpine Acres Subdivision, Pitkin County, Colorado, according to the official plat thereof recorded in Plat Book 3, Page 2, the official records of the Clerk and Recorder of Pitkin County, Colorado. l RECORD OF PROCEEDINGS 100 Leaves p ORK 9 C. F. H04CKEL 2. C. S L. CO. _. Section 2 That this zoning is conditioned on the following: (a) that each duplex dwelling unit proposed to be constructed upon the unimproved lots" I within the area be limited to a maximum external FAR of 1,600 square feet, Leer unit• or comply with any applicable FAR regulation effective at the time of permit issuance, whichever is , more restrictive; (b) that no residential units constructed on the unimproved tracts within the annexed area be leased for any period of less than six (6) successive months; or, in the alternative be leased not more than twice for short term periods within any calendar year (in addition to occupancy by the owners or any lessee for a six-month lease term); and, (c) that, by adoption of the R-15 zoning category for the unimproved lots, the City shall not be precluded from reconsideration of the appropriateness of these sites for high density employee housing construction in the future. Section 3 If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid pro- vision or application, and to this end the provisions of this ordinance are declared to be severable. cam 4-; ^, d That a public hearing be held on this ordinance on -2- 7 RECORD OF PROCEEDINGS 100 Leaves FORM W C. I MOKWL .. !. ! L. CO- 61, 1976, at 5: 00 P.£i. in the City Council Chambers, City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing notice of the same shall be published once within a newspaper of general circulation within the City. INTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of Aspen, Colorado, at its regular meeting held at the City of Aspen on the 4-Z, day Stacy16t Mayor, ATTEST: Kathryn �HauZ�� City Clerk passed and approved on the FINALLY adopted, p PP L-- day of 1976. Stacy tandley III Mayor ATTEST: J�L� Kathryn S Tauter City C le -3- 0 LJ RECORD OF PROCEEDINGS 100 Le i?ves FORM M C. f. MOECK[L S. B. • L. CO. STATE OF COLORADO ). ) ss COUNTY OF PITKIN ) CERTIFICATE I, Kathryn S. Hauter, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read in full, and passed on reading at a regular meeting of the City Council of the City of Aspen on1976, and publish- ed in the Aspen Times a weekly newspaper of general circul- ation, published in the City of Aspen, Colorado, in its issue of 197A, and was finally adopted and approved at a regular meeting of the City Council on /3 , 197(�/, and ordered published as Ordinance No.!2_, Series of 197 , of said City, as provided by law. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of said City of Aspen, Colorado, this ZQ 9�t day of Kathryn S. Hauter, City Clerk I C0►� , I M I o.vftej 2111 Jtt.� yy O n ►1 fir- At K1 F,���u1ar MeetingT�� Aspen City Council - November 8, 1976 1 MI;;IMUM STREAM FLOW l City Attorney Stuller told Council that the Colorado Water Conservation Board is making applications for minimum stream flows that affect the City's water rights. John Musick making two requests. (1) Whether the City is interested in participating in all the C,,Ss to protect the City's rights and (2) Whether the City wants to give Musick the I� authority to engage in loans to the CWCB to allow them to use the City's unused water rights. Ms. Stuller stated she would like to do this only if the City can assert �I 0inimum stream rights ourselves by next spring. Mayor Standley stated he would like a Cost tuilertpointedvoutement in that thecases that assignmentare of watertly rightsaisnt to the good for they s water city; it willts. provide Stuller p provide minimum stream flows within, the area, and will preserve the City's beneficial_ !' use rights. Councilwoman Pedersen moved to ratify the agreement between the City of Aspen and the I' Colorado Water Conservation Board; se c onded by Councilman Parry. All in favor, motion carried. %v,YOR' S DEEDS 1, Baltizar. Leonard Oates told Council this parcel of property abuts the townsite line !I and laps into the East Aspen townsite. The property was purchased by Baltizar a long ling of the last name of the grantee. The owners time ago; there was an error in the spel�y always believed they were joint tenants, but had tenancy in common. These deeds are ; to correct that error. City Attorney Stuller told Council Mayor Standley needed authori- zation to execute two deeds, and for a correction in the Mayor's deed. ! Councilwoman Pedersen moved to authorize Mayor Standley to execute both deeds on behalf of the City; seconded by Councilman Parry. All in favor, motion carried. II z, Waddington. Councilwoman Pedersen moved to approve the Mayor's Deed to Waddington, and to authorize P;, Mayor Standley to sign it; seconded by Councilwoman Johnston. All in favor, motion 'I carried. ORDINANCE #69, SERIES OF 1976 - Rezoning Alpine Acres Councilman De Gregorio moved to add Creative Mountain Development to the agenda; seconded I� by Councilwoman Pedersen. All in favor, motion carried. Leonard Oates told Council this was the last step of annexing Alpine Acres into the City. , The application for annexation has been conditioned upon the property obtaining R-15 zoning. The P & Z has approved that zoning designation for the five lots of approximately;: 15,000 square feet. Three lots are already improved with existing duplexes. The owner i. intends to build duplex structures upon the other two lots, which will completely build d out the subdivision. This property is surrounded by high density zoning. Planner Bill Kane told Council the planning office was pleased about the requested R-15 ; zone designation, rather than R/MF. Kane stated the residents of this area would like to see more controls over the buildings. Kane stated the planning office recommends u against PUD zoning because the PUD was designed for sites that have unique topographic problgms. Mayor Standley stated there was some concern from the people that live out ' there. Perhaps a neighborhood sociological character should also be considered in a PUD. Oates stated this was the last undeveloped parcel in the neighborhood. Oates pointed out that the developer had committed to bury the utility lines in the area and I� to install $10,000 worth of landscaping. City Attorney Stuller told Council that a PUD allows the City to look at the slope, the soil stability, water pressure, open space. The personal views of adjacent landowners is not provided for in the code. A mandatory PUD requires a full subdivision hearing. it Councilman De Gregorio moved to read Ordinance #69, Series of 1976; seconded by Council- woman Pedersen. All in favor, with the exception of Councilmembers Johnston and Behrendt.!! Motion carried. I ORDINANCE #69 (Series of 1976) AN ORDINANCE ZONING BLOCK 1 OF THE ALPINE ACRES SUBDIVISION TO R-15, WHICH LAND HAS RECENTLY BEEN ANNEXED TO THE CITY OF ASPEN PURSUANT TO ORDINANCE NO. 33, SERIES OF 1976, AND THE COLOMDO MUNICIPAL ANNEXATION ACT was ready by the city clerk. Councilman Parry moved to adopt Ordinance #69, Series of 1976, on first reading; seconded by Councilwoman Pedersen. Mayor Standley said he would rather not see this ordinance get to a public hearing, but to defeat it and recommend that the subdivision be brought in as a mandatory PUD. The. value of a PUD is the discussions and concessions. Councilwoman Johnston stated she had problems with anything leading to growth. There is already a traffic problem in this area. Roll call vote; Councilmembers Behrendt, nay; De Gregorio, aye; Johnston, nay; Parry, 47c'; Pedersen, aye; Mayor Standley, nay. Motion NOT carried. Councilman Behrendt moved to recommend this be redrafted as R-15 PUD; motion dies for lack of a second. i' 2112 Regular Meeting Aspen City Council November 8 -- - - -- ---- - -,._ ---z_ 1976 City Attorney Stuller told Council this annexation was condition upon obtaining R-15 zoning. The applicant may withdraw the annexation. I Councilwoman Pedersen moved to table Ordinance #69, Series of 1976; seconded by Council- man De Gregorio. All in favor, wi the exception of Councilwoman Johnston. Motion carried. CREATIVE MOUNTAIN DEVELOPMENT - Subdivision Exemption Brooke Peterson told Council this was an application on Riverside Drive for a subdivision exemption. Nick Coates told Council that through a misunderstanding, the units were built; the subdivision fee was paid; Coates assumed that was the subdivision exemption. !r Coates stated this had been through P & Z and had received their approval.., Councilman Behrendt moved to approve the exemption; seconded by Councilman Parry. Tom Marshall, resident on Riverside Drive, submitted a petition for the record with the signatures of 28 property owners or residents in the area who are opposed, not to the condominium, but to the fact that it will be short term rental. The concern of the people in the area is that they have no control whatsoever over short term rentals. This area has been a working class district with long term residents. Mayor Standley stated that the Council tried to impose rental restrictions in the R-6 and R-15 zone districts a year ago. This is one area that hasn't yet changed from IIII residential to short terming. Mayor Standley said he would like to have Council take a look at rental restrictions to see if they can be implemented. Right now, the City does ) not.have the mechanics to enforce rental restrictions. Councilwoman Johnston stated that any steps to preserve a residential area is very much to her liking. Councilman Behrendt withdrew his motion to approve. Councilwoman Johnston moved to table this item; seconded by Councilwoman Pedersen. All in favor, with the exception of Councilman De Gregorio. ORDINANCE #70, SERIES OF 1976 - Rezoning Trueman Property j Bill Kane told Council the major item of this is a deferral of any consideration of lot I 2 for the post office. This will rezone 8 acres specially planned area. Kane stated i the planning office was suggesting proceeding on this development in individual parts. ;Urd' Ro s Councilman De Gregorio moved to read Ordinance #70, Series of 1976; seconded by Council- trti`.. I woman Pedersen. All in favor, motion carried. Prc'►''' ORDINANCE #70 (Series of 1976) AN ORDINANCE REZONING THE APPROXIMATELY 8 ACRES OWNED BY JAMES R. TRUEMAN AND ASSOCIATES ACCORDING TO AN APPROVED SPECIALLY PLANNED AREA MASTERPLAN FOR THE SITE: THE ELEMENTS OF WHICH MASTERPLAN WILL CONSTITUTE THE DEVELOPMENT REGULATIONS FOR THE AREA, ALL AS PROVIDED BY ARTICLE VII OF CHAPTER 24 OF THE ASPEN MUNICIPAL CODE was read by the city clerk. Councilman De Gregorio moved to adopt Ordinance #70, Series of 1976, on first reading; seconded by Councilwoman Pedersen. Roll call vote; Councilmembers Pedersen, aye; Johnston, aye; De Gregorio, aye; Behrendt, aye; Parry, aye; Mayor Standley, aye. Motion carried. ORDINANCE #71, SERIES OF 1976 - Repealing Section 22-14 Councilwoman Johnston moved to read Ordinance #71, Series of 1976; seconded by Council- 1100. man Behrendt. All in favor, motion carried. ORDINANCE #71 (Series of 1976) AN ORDINANCE REPEALING SECTION 22-14 OF THE ASPEN MUNICIPAL CODE WHICH SECTION INCLUDES A PENALTY ASSESSMENT SCHEDULE AND ESTABLISHES PROCEDURES FOR ENFORCEMENT OF TRAFFIC VIOLATIONS was read by the city clerk. Councilwoman Pedersen moved to adopt Ordinance #71, seconded by Councilwoman Johnston. Roll call vote; aye; De Gregorio, aye; Johnston, aye; Pedersen, aye; Series of 1976, on first reading; 1 Coundilmembers Behrendt, aye; Parryej Mayor Standley, aye. Motion carried- ORDINANCE #72, SERIES OF 1976 = Prohibiting dogs in Mall area Councilwoman Pedersen moved to read Ordinance #72, Series of 1976; seconded by Councilm3lP1.1 Behrendt. All in favor, motion carried. Tr"" ORDINANCE #72 (Series of 1976) AN ORDINANCE AMENDING THE DOG CONTROL CODE OF THE CITY OF ASPEN BY THE ADDITION OF SECTION 5-38 THERETO WHICH SAID SECTION MAKES IT UNLAWFUL TO BRING OR TETHER ANY DOG IN ANY PEDESTRIAN MALL AREA ( AS NOW EXISTS OR MAY BE EXPANDED) AND IMPOSING A PENALTY ASSESSMENT THEREFORE IN THE AMOUNT OF TWENTY DOLLARS was read by the city clerk. Councilwoman Pedersen moved to adopt Ordinance #72, Series of 1976, on first reading; seconded by Councilwoman Johnston. I E 21 ~90 Regular Meeting Aspen City Council November 22, 1976 Councilman Behrendt suggested that City Attorney Stuller write up an Ordinance expanding the non -tying up law and put a penalty assessment on cleaning up after your dog. Mayor Standley stated there is already a law on the books against tying to public property. Councilman Behrendt moved that City Attorney Stuller draft an ordinance against tying up one's dog and to provide for penalty for people who do not clean up after flog feces in the downtown area; seconded by Councilwoman Pedersen. Councilman Wishart pointed out it would not solve the problem to come back with another ordinance. This problem should involved the citizens interest and the dog wardens. Council asked that these suggestions go to the citizens advisory board and come back to Council with an ordinance at the next meeting. Councilman Behrendt withdrew his motion; Councilwoman Pedersen withdrew her second. CITY MANAGER 1. Aspen Sanitation District - Snow Dumping . Mayor Standley explained to Council that Aspen Sanitation District declined the City's request to maintain the snow dumping facility on Aspen San's property right next to the river. Aspen San identified several problems; Sanitarian Tom Dunlop responded with satisfactory explanations; however, the �. Board of Aspen San did vote against this. Assistant City Manager Art Hougland stated that he was still negotiating for places to dump snow, and asked that this be tabled. Councilman Behrendt moved to table action on this for more time to negotiate; seconded by Councilwoman Johnston. All in favor, motion carried. ORDINANCE #69, SERIES OF 1976 - Rezoning of Alpine Acres Lennie Oates told Council that subsequent to last meeting, the applicant, Nick Coates, IGr7 met with the home owners in this area and went over the project. A spokesman for the �Aol homeowners told Coates they would like to see the property zoned R-15 mandatory PUD Ali — and leave it up to P & Z and Council to determine how the project should be planned. Oates stated lie would like a public hearing set for the zoning of this property to R-15.� Councilman Parry moved to read Ordinance #69, Series of 1976; seconded by Councilman Behrendt. All in favor, motion carried. }` ORDINANCE #69 j! (Series of 1976) AN ORDINANCE ZONING BLOCK 1 OF THE ALPINE ACRES SUBDIVISION TO R-15, WHICH LAND HAS RECENTLY BEEN ANNEXED TO THE CITY OF ASPEN PURSUANT TO ORDINANCE NO. 33, SERES OF 1976, AND THE COLORADO MUNICIPAL ANNEXATION ACT was read by the city clerk. Councilwoman Pedersen moved to adopt Ordinance #69, Series of 1976, on first reading; seconded by Councilman Parry. Roll call vote; Councilmembers Johnston, nay; Parry, aye; Behrendt, nay; De Gregorio, aye; Pedersen, aye; Wishart, aye; Mayor Standley, nay. Motion carried. ORDINANCE #73, SERIES OF 1976 - Historic Designation of Ross Residence Councilman Wishart moved to read Ordinance #73, Series of 1976; seconded by Councilman De Gregorio. All in favor, motion carried. Or•�• Nr..• ORDINANCE #73 R " (Series of 1976) AN ORDINANCE DESIGNATING AS AN HISTORIC STRUCTURE AND SITE THE LOCATION OF THE ROSS RESIDENCE CONSISTING OF LOTS G, H AND I OF BLOCK 24, ORIGINAL ASPEN TOWNSITE was read by the city clerk. Councilwoman Johnston moved to adopt Ordinance #73, Series of 1976, on first reading; seconded by Councilman Parry. Roll call vote; Councilmembers Behrendt, aye; De Gregorio, aye; Johnston, aye; Parry, aye; Pedersen, aye; Wishart, aye; Mayor Standley, aye. Motion Carried. ORDINANCE #74, SERIES OF 1976 - Impoundment of Cats Councilman De Gregorio moved to read Ordinance #74, Series of 1976; seconded by Council-i man Behrendt. All in favor, motion carried. ORDINANCE474 (Series of 1476) AN ORDINANCE AMENDING THE MUNICIPAL CODE'BY THE ADDITION OF SECTION 5-7 THERETO AUTHORIZING THE IMPOUNDMENT OF CATS WIIICH ARE ABANDONED OR WHICH COP?STITUTE A NUISANCE; FURTHER AUTHORIZING THEIR DESTRUCTION IF NOT CLAIMED WITHIN FIVE DAYS, AND IMPOSING AN IMPOUND FEE OF $3.00 PER DAY FOR EACH DAY HELD PURSUANT HERE TO was read by the city clerk. Councilman Behrendt moved to adopt Ordinance #74, Series of 1976, on first reading; i secondelwoman lmembers hart, aye; Behrenddt,baye; De1Gregorio,�hnston. Roll call aye; Pedersen, nay;�oJohnstonC1aye; Parry,saye; Mayor Stanalo5i nay. Motion carried. f t i 21330 Regular Meeting Aspen City Council December 13, 1976 ates said the applicant would be receptive to an employee -housing type of approach. The density would have to be vastly increased in terms of per unit cost. Councilman Behrendt moved to adopt Ordinance #69, Series of 1976, on second reading to rezone Alpine Acres at the level requested by the applicant with three stipulations, (1) six month.leasing restrictions, (2) 1600 square feet per side covenant, or less if the code is reduced, and (3) nothing would be construed to preclude consideration for rezoning to accommodate employee housing in the area; seconded by Councilman Wishart. Roll call vote; Councilmembers Johnston, nay; Parry, aye; Pedersen, aye; Wishart, aye; Behrendt, aye; Mayor Standley, aye. Motion carried. ORDINANCE #70, SERIES OF 1976 - Rezoning Trueman Property Mayor Standley opened the public hearing. Kane told Council this would be adoption of an SPA on the Trueman commercial building. Only lot 1 should be clearly specified with respect to uses so that the effect of the plan should be adoption of a SPA for Lot 1 only. The SPA defers any zoning questions on lots 3 (panhandle), lot 2 (proposed post office site), lot 4 (which will be conveyed to the school district). Kane stated the planning office has no objections, and feels this represents an adequate SPA for the Trueman commercial buildings. However, Kane pointed out, to make a smoother process, it might be appropriate to table this second reading and take action at the time of final plat review of the project. Mayor Standley closed the public hearing. Barry Edwards, representing Trueman, asked Council to hold a special meeting to con- sider the special PUD provisions. The City Attorney's recommendation is to deal with this project at one time so that if there needs to be some change, it can be made,on the PUD subdivision and SPA maps. Councilwoman Pedersen moved to schedule a special meeting December 20, 1976; seconded by Councilman Parry. Councilmembers Pedersen, Parry, Mayor Standley in favor; Council - members Behrendt, Wishart, and Johnston opposed. Motion NOT carried. Councilwoman Pedersen moved to table Ordinance #70, Series of 1976; seconded by Council- woman Johnston. All in favor, motion carried. ORDINANCE #73, SERIES OF 1976 - Historic Designation of Ross Residence Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed the public hearing. Councilwoman Pedersen moved to read Ordinance #73, Series of 1976; seconded by Councilma Parry. All in favor, motion carried. ORDINANCE #73 (Series of 1976) AN ORDINANCE DESIGNATING AS AN HISTORIC STRUCTURE AND SITE THE LOCATION OF THE ROSS RESIDENCE CONSISTING OF LOTS G, H AND I OF BLOCK 24, ORIGINAL ASPEN TOWNSITE was read by the city clerk Councilwoman Pedersen moved to adopt Ordinance #73, Series of 1976, on second reading; seconded by Councilwoman Johnston. Roll call vote; Councilmembers Wishart, aye; Pedersen, aye; Parry, aye; Johnston, aye; Behrendt, aye; Mayor Standley, aye. Motion i carried. i� ORDINANCE #74, SERIES OF 1976 - Impoundment of Cats ! Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed the public hearing. Councilwoman Pedersen moved to read Ordinance #74, Series of 1976; seconded by Council- woman Johnston. All in favor, motion carried. i ORDINANCE #74 (Series of 1976) AN ORDINANCE AMENDING THE MUNICIPAL CODE BY THE ADDITION OF SECTION 5-7 THERETO AUTHORIZING THE IMPOUNDMENT OF CATS WHICH ARE ABANDONED OR WHICH CONSTITUTE A NUISANCE; FURTHER AUTHORIZING THEIR DESTRUCTION IF NOT CLAIMED WITHIN FIVF DAYS, AND IMPOSING AN IMPOUND FEE OF $3.00 PER DAY FOR EACH DAY HELD PURSUANT HERETO was read by the city clerk Councilman Parry moved to adopt Ordinance #74, Series of 1976, on second reading; seconded by Councilwoman Johnston. Roll Call vote; Councilmembers Behrendt, aye; Johnston, aye; Parry, aye; Pedersen, nay; Wishart, aye; Mayor Standley, aye. Motion carried. ORDINANCE #75, SERIES OF 1976 - Annexing Heller Property Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed the public hearing. Councilman Parry moved to read Ordinance #75, Series of 1976; seconded by Councilwoman Pedersen. All in favor, motion carried. Ord. Rer Tr ,,•, Ord. ' Heel S} Rog$ 1 Ord. ' Cato Ord., ! T ►'i tc Goodheim told Council. that New Jersey has legi!7lation that could require to find comparableantal housing for people * placed. Barry Edwards told Council that his firm has submitted data illustrating every duplex or multi -family unit has been bought by local people. Edwarc that one cannot get a sales contract or price certain until they get exeml condominiumization done. Councilwoman Johnston stated she had no problem with condominiumization o. would insist upon six month rental provisions. Councilwoman Pedersen asks q happen to the rental pool of duplexes for the summer people. These are v: artistic events that take place in town. i (i Councilwoman Johnston moved that the Council adopt a policy of condominiu: i duplexes with the City's six month rental restrictions on both sides of t I a 90 day notice to tenant before selling with a right of first refusal or Mayor Standley asked if by adopting a policy that has specific performance it, is the Council walking into a trap whereby anybody who meets these col to be granted an exemption, even though the Council may find some other s� City Attorney Nuttall answered no, these are just general guidelines. Coul with Barry Edwards, Leonard Oates, Bob George and John Doremus the wording condition; whether it should be notice and non -assignable option to tenan 1 of the time period and notice. Mayor Standley stated that this condition i� when it goes through condominiumization; it is a one time shot. j� Mayor Standley suggested that Doremus, Edwards, Oates and George draft a for the benefit of the Council and to be considered at the next Council m, Standley stated that articulation of these elements is very important in statement. Goodheim stated that it is difficult to anticipate all the va. happening down the road. Goodheim suggested that right of first refusal fide offer is appropriate. Councilwoman Johnston moved that the City Council adopt a policy of allow zation of duplexes with the City's normal six month or two short term ren on both sides with at least 90 day notice to any existing tenant plus a r refusal to any bona fide offer; seconded by Councilman Wishart. All in f exception of Councilmembers Behrendt and Pedersen. Motion carried. City Manager Mahoney pointed out that this policy limits the use of priva therefore, would require an ordinance. Playor Standley read from the Char Ms. Nuttall if this did limit the use of private property. PIS. Nuttall a Council was only imposing guidelines. Mayor Standley asked if this were form, would the Council then be hidebound. Pis. Nuttall answered yes. "la stated he would take under advisement Mahoney's comment and Ms. Nuttall's and go ahead as chair and allow Council to act on these requests given th established by motion. SUBDIVISION EXEMPTION - Alpine Acres !; Barry Edwards told Council he would be happy to go along with the six mon restrictions on the 90 day notice as conditions for exemption from subdiv Clark, planning office, recommended this for approval conditioned upon pa $6,716.94 park dedication fee and the two other conditions. Councilman Behrendt moved to approve the subdivision exemption with the c seconded by Councilman Wishart. All in favor, motion carried. SUBDIVISION EXEMPTION - Doremus Hal Clark told Council that this is unique in that it is a request to con a building that does not exist. Clark stated it is the recommendation of :t office for approval based on the policy statement and payment of the park at the time the building permit.is issued. i Councilman Behrendt moved to approve this subject to Council's program an '.j park dedication fee at time of building permit issuance. i1Councilwoman Pedersen stated she cannot see condominiumizina something tr Doremus explained to Council that this is merely a matter of financing. Johnston pointed out there is no tenant to aive right of first refusal tc All in favor, with the exception of Councilwoman Pedersen. Motion carriE i • SUBDIVISION EXEMPTION - Interwest Clark told Council this was another request to condominiumize a building exist. It is located on Snowbunny. The planninq office recommends apprc statement and payment of .>ark dedication fee upon buildina permit issuanc Councilman Behrerdt mov•". to approve su:Dject to Council's policy statemer uoor building ,)::rlQllt issuancE. All In_'V^r, i:l'. Planning and Zoning Commission 10-19-76 The Planning Office recommended approval of the conditional use i Collins closed the public hearing• Hunt moved to approve the conditional use expansion Office. notinq the comments of the Planning building tion to Approve addition is an improvement to the exiting s and operation and does not constitute a,sig' antly neighborhood increased impact on the surrounding Kienast seconded. All in favor, motion carried. L. ,Group Homes for the Aged Drup Homes for date of November 16, Hedstrom moved to set a hearing ,le Aged 1976 to consider an amendment to the zoningto seconded. code codeto include group homes for the aged. Kienast All in favor, motion carried. Al ins Acres --Rezoning Request ,lpine Acres-- request and t old the P&Z the prop introduced the req the P&Z was tezoning Request Clark , and the City, erty has been annexed by to R15. the zoning being asked to change Collins opened thepublic ublic hearing. pointed out that the annexation, should it Clark p than The - be zoned R 15 would allow additional a5nzone. The. in the County a nat- is currently allowed is not stream, running through Lot avat The prop- c existing ntrusion on the ural one, and was created eSeotJe an and presents erty is very flat, projects in ey.istence. Lenny various multi-fami]_y representing the applicant. Oates was is - Office include the dc The concernof the Planning s, t and the ru tion of the view plane corridtr p If these were resolved, of the stream. .. approval. office recommends stated that Nick Coates has a contract ard Lenny Oates to purchase Lots 2 and 3 within the sreview1proocess . marrya has no objection to a stream the osi- tions ttthat begs he ns. Oates stated that ents. Oates felt of Park Circle re requireme tion cause he was complying with the setback building is a matter of cing hoice. the positioning of the include undergroundrs worth Part of the improvements adding ten thousand dollars utility wires, and of landscaping a resident at Park Circle, said Alpine Acres submit to Richard Cummins, 1�ic2taz:d Cummins that he was resting that PUD planning process.. Planning ► • - tsostley reed with the stated that he agreed h density Jeff Bostley in that this was high Office recommendations He expressed concern about the stream like - development. h the property. lie said he would flowing throug take place as a p y to see a stream margin review for granting the rezoning• u c3iica.nts. • t.t t \.i ra was CCc�p't�11J1C tO the PCl Inc c?ntt.` .t f n�i�i 7 f • Planning and Zoning November 2,1976 Collins remarked that he would like the zoning to be other than CC. He pointed* out the P&Z and Gilmore are not far apart in theory, but the impact of the added rooms and commercial space would out- weigh the benefits of the proposed building. Collins noted that perhaps CL zoning with PUD would accomplish the purposes of both parties. Hedsfrom moved to set a public changing the zoning from 0 to Hunt seconded. All in favor, \w Alpine Acres Rezoning Request hearing to consider CL on December 7., 1976. motion carried. Lenny Oates was present to represent the applicant, Nick Coates. A site inspection was conducted pre- vious to the meeting. Oates stated that he questioned the role of the P&Z in this case. in view of the R-15 zoning of Alpine Acres, Oates asked if the P&Z could impose a mandatory PUD on the property. Hunt asked if the rig:it-of -way were changed and the lots were situated differently, would the situ- ation be agreeable. Clark answered that the PUD would accomplish that end. Collins opened the public hearing. Richard Cummins noted that the additional PUD re- quirement would protect the surrounding property owners' view plane. Many of the present owners moved there to have the views around Park Circle. Clark noted that these were valid points, and ex- plained the requirements of the R-15 zoning, and stated that the required setbachswere adequate protection for the residents. Lenny Oates said that in many development,in the City limits, the streets are not perpendicular, and this case is not an unusual one in that respect. Nick Coates stated that the plot plan was such that rearranging the buildings was not practical at this time. Landscaping would be done to compensate for the view plane. Cummins suggested that given the proposed outlay, perhaps more supervision was needed to protect the interests of the residents. Oates argues that it was not appropriate to impose more on a developer than is required by statute. Kane commented on the fiscal impact of annexing the lots. One of the considerations was the granting of water rights. City services would be used at any rate. There were also several benefits to the City. Cummins again stated that since the otechanism exists to protect the view corridors, it should be used in this case. Oates responded that the R-15 :toning recognizes the view plane but there is not a guarantees that the land will never be developed. "v stuller }pointed out that PUDs evolve i ns , slope, access, and site �lvv'H-, ,'lnlJ,n ., ,1 f r.r, 5�v( b +k P}Z k4A, � 4 �c � tape :u,n cCu UII Laic ltl;cll J.I:tLJ 1k- L_ UL cInn('.*-:2; tllu tt lots. One of the considerations was the grantincr t of vWr rights. City services�ulu be any te. There were also seve 1 benefits to tht City. Cummins again stated that since the mechanism exists to protect the view corridors, it should be used in this case. Oates responded that the 12-15 :zoning recognizes the view plane but there is not a guaranteee that the land will never be developed. City Attorney Stuller pointed out that PUDs evolve because of stream margins, slope, access, acid r.it consideration, not because of cirn.s•' 1- -1— 1., r I � •P, Jr F{U Of �•�{C)(:EEL�INI:a fJFco -- - --- L...._-._---=----- anc "oning Cor.ulission planning Collins closed the public hearing• logically be RI`Ir ' R 15 area should log is unfor- I;unt said the and while it the is an appropriate zoning, circle residents, tunate problerl for the Park CL. ald not be required as this constitutes spot PUD sh o zoning area and of the that the ed a nJD. r1enast stated Collins opined that the speciality .1 an �v;lere the the site ^,arrant was how hig unicnovm in the situation Oates said that Coates placed• site plan as builidngs woulu be corzr�it to tLe stream r: aggin would be willing P«7, that the place- pitted - Hunt told the Z t11e -site and review would further rest r;,ent of buildings two proposed units Isaac sal. that the mass of the units, and that was larger than. the surrounding a r,ancza . PUD was in order. at if the anne:�at-ion aluaralnteesh I�al Clad: noted toning► there 'ground be i1° (landscaping) Mould because of thepSed ai2enities ( 1a�.c v.ould be de - prop ' that the guarantee that the Circle residents. occur, and no of the Park veloped to the liking owner of the Alpine Acres rienast said that the ht to set the buildings I should also(haVe the rig for the best possiblb vie :as for its tenants. Council to zone ;ienast secon- i:unt moved to reco,abalivis�o City 15. no; the Alpine Acres i;i!On aye; Isaac, ded. roll call vote: Collins, no. P"_otion ave; iiec:�s'crorl, aye'' ains runt, _ 2 ag 1 , favor, , �Z approved.^� n---- -- - ourn the meeting . i:unt secon- I:ienastAll lea to fuvorc,]motion carried. ded. Hunt moves: to reconve,ze :;ienast seconded. All in favor, notion carried* rlargin re- tated that this was a stream Butte Va. Clary s roval. view* for the '-:ot,le ,°` Oa flee: reconr4,endedeanP . Drive. yhe'rlannin, cr in1 review of to approve the stream mar rent r::ovec as there was no e:�cro"ie Aunt -'ienast residence }' the Jorc;an e;Iisting encrcachrle ts. upon the already - r•.notion carried. seconc=ed • 1:11 favor, our:1 file meeting. Isaac seconded. hunt move`' to aaj Meeting adjourned Alb in favor, motion carried- / at 7 . 2 PM• � /� _ t City Cler I.largie ilson, Depa Y TO: City Attorney City Engineer FROM: Steve Burstein, Planning Office RE: Dunn/Bishop Subdivision Exception DATE: November 21, 1986 Attached for your review and comments is an application submitted by Joseph Dunn and Charles Bishop requesting subdivision excep- tion to split a lot on which two single family units presently exist into two single family lots. The property is located at 940 and 950 Matchless Drive, also known as Alpine Acres Lot 4, and is zoned R-6 . Please return your referral comments to the Planning Office no later than December 8, 1986 so this office has adequate time to prepare for its presentation before City Council on December 22, 1986. Thank you. ASPEN/PITRIN PLANNING OFFICE 130 S. Galena Street Aspen, CO 81611 (303) 925-2020 Date: �I • '� 1 � Dea rlu -�- This is to inform you that the Planning Office has completed its preliminary review of the captioned application.. We have determined that your application IS NOT complete. Additional items required include: Disclosure of Ownership (one copy only needed) Adjacent Property Owners List/Envelopes/Postage (one copy) Additional copies of entire application Authorization by owner for representative to submit applica- tion Response to list of items (attached/below) demonstrating compliance with the applicable policies and regulations of the Code, or other specific materials A check in the amount of $ A. Your appl icati�o��/' s compl,ete and we have scheduled it for review by the Lei V J a &A on Ve w it l call you if we n d any additional information prior to that date. Several days prior to your hearing, we will call and make available a copy of the memorandum.. Please note that it IS NOT your responsibility to post your property with a sign, which we can provide you for a $3.00 fee. B.. Your' application is incomplete, we have not scheduled it review at this time.. When we receive the materials we have requested, we will place you on the next available•ag nda. If you have any questions, please call �-t-�'�--� • the planner assigned to your case. Sincerely, ASPEN/PITRIN PLANNING OFFICE MEMORANDUM TO: Steve Burstein, Planning Office FROM: Elyse Elliott, Engineering Department DATE: December 17, 1986 RE: Dunn/Bishop Subdivision Exception We have no problem with this application. We request that a plat for our files be provided by the applicant. EE/co/Dunn.Bishop Aft EUBANK ROBEPTSS MEMO LETTER ER BIS, CERTIFIED ACCOUNTANTS 731 E. DURANT AVE UNIT 7A ASPEN, COLORADO 81611 (303) 925 4877 TO: _. DATE: /+�P w ltQ2?S # C LdQ A i It '?(-t ry- <bc, � r ? (acre (► c7'�' (9(NLN tL__ .. � a�� ► �aN (U—t0 1 ol� �15 CA6 Alba lytJ !CIAlt 1 r�dA) �Io�J�7ti��2 T H /T I- ._ f v.: S�'2✓�r� T1 W ear�)ti ?) c w< <►tit c 6! `n i A w 1. SCtIEDULB g - 71 THE POLICY OR POLICIES TO BE ISSUED-� 1. Rights or claims of parties in possession not shown b NDER WILL N 2. Easements, or claims of easements, not shown b �T INSURE ACgIN3pr y the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and correct survey and inspection of the premises would disclose and which are not shown b records. any facts which a 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, y the public Posed by law and not shown by the public records. rnished, im- 5. Taxes due and payable; and'any tax, special assessments, charge or lien imposed for water or sewer service, or for any other special taxing district. 6- Right of way for ditches and canals constructed by the authorit States, as reserved in the United States Patent recorded y of the United 7. Terms conditions� 1n Book and provisions of that certain agreement spen, recorded February9, for Page 657. Annexation of Real Property into the City of A1977 in Book 324 at 8. Terms, obligations, provisions and restrictions as contained in St Exemption from the Definition of Subdivision recorded August 4, 1977 i 333 at Page 4. Statement of n Book n9- Easement and right of way for the construction improvement, maintenance of a public road and underground faciltes granted .l of Aspen b operation and y Luke W. Anthony in the instrument recorded December 21 the City Book 321 at Page 761. 1976 in 10. The water right and structure (including all hardware, equipment referee in water case No. Anthony Well, as described in the rulingofappurtenances No. 5 W-333 in the District Court in and for Water Division State of Colorado, entered on September 30, instrument 1971, granted to the City of Aspen by Luke W. Anthony in the i at Page 760. recorded December 21 1976 in Book 321 Terms, agreements, provisions, conditions and obligations as contained Articles of Incorporation of Alpine Acres Subdivision Property Company, recorded May in the Y 19. 1977 in Book 328 at page 990, p y Owners Association Terms, agreements, provisions, conditions and obligations as contain Counsel of Aspen minutes, March 14TH, and March 28TH, recorded December in Book 341 at Page 446. contained in City tuber 30, 1977 Protective Covenants, restrictions reservations and obligations which do not contain a forfeiture or reverter clause, as contained in Declaration of restrictions, easements, charges and liens dated April 26 26, 1977 in Book 327 at page Covenants, g 446. � 1977, recorded April ----- CONTINUED ----- k. C-I42.4 Rev. /-18-75 • EUBANK nnRFnTQ MEMO -LETTER TO: Tlll_3l=rt_1r Y��72_10-_AoJ �_.IT� l4iltaj -I���t.'34r,11z DATE: nvLL.n 1..� &BISHOP CERTIFIED PUBLIC ACCOUNTANTS 731 E. DURANT AVE UNIT 7A ASPEN, COLORADO 81611 (303) 925 4877 Z b Az2-/7 /^00/0 6 L Au I A) J T-"TS rz f{�P�►LIrT .A A(Z(ZSLOT # 7- 2kV,4Yv-%.s 6r- 4d--)b(_r/6A3A i>i_se13 w.ccOJ-T15 tom-,�z-►A(rJ(AX- -Vo Y ►� R-(25 /"� N�(/�C'( �) /l��'f /�� .�S 5 [� Co (u4 T( Ci /� �� �l.4 s Yi Gh T H� 7 i�GCJ O u) r,.N `r^-c'crdcJ ..t g; 3; A..'f.. 1/,•c 11. 1 9 76 Julie ILt nc, Rccordcc Reception \..-�..._. or It [CI,T or C I'f"i OF As Pi.:: , COLU.G��J KNOW AI.I, ,';l:;J P.Y TII[:SI: P['-"S[:?;TS: That I, LUF:C I1. S!iL�pr�, cr„•, g t.lo•.''ner in Ecc sinnl� of i.ni 1, ,11:PI':r ,�C^CS 'I CouutY, Colorado, according to the plat tilcleoC recorded in Plat k3ou1; J at Page 2 of the records of Pitkin Cnunt;', Color,ld-�,north_tIY �,rd adjacent to a public roldr.riuwn as Gibson Avenue, running Cast -Vest betw•;ren Park Avenue ancI '•1i 11 Street, in the City of Aspen, County of Pitkin, State of Colorado for and in consideration of the sum of $10.00 and otilcr good and valuable consideration, paid by s he 10 rrCity of ?.;pin, State of Colorado; the receipt of which �Y dCknO!•!le-!Vecl, docc hereby grant, give and quit clai unto tile said City of Aspen, m or rigilt of way State of Colorado, an case-ent I; for the Construction, imp and rov��ant, operation maintenance of p a public road and und2rgroued utilities being in the !upon, across, along and unccr the following land lying and County of Pitkin, State of Colorado to wit: An easement across Acres Sublivisio part Of i�_I Alpina !1 e ng more ; I"y Pitkin County rau �� II lY described as follows: i; Beginning at an angle point on the southerly line r said Lot 1 whence the most southerly corner of said Lot I! feet; thence N 23'.14'bpart.� S G6°09'00" E 1r,0."•0 the Sn••.....e,.t r 135.84 feet alen'T N 55�35' 35 ' y 1} line, :f =s.,id Lot 1; thence t: 11.33 f_-ct; thcr,ce 100.94 feet along the arr• .,c a ra ill1 .^, o f - o tl;c , C 350•,7 feet aiajii` „u'v ltl�� ! curve bears S 2G 07'39L ••• the chord of whicl, S 17°>.['J;" 1; 49.1.1 feet to0-1 �3 feet: thence: southerly line^ of said I.ot PO3nt on th W 15.46 feet along said 1; thence N fG009.OG,• Point of begir,nin,,, southerly lie` to tie more or less. containing 0.049 acres, To have Ina to !cold the said casc;:;ent or right of way ,.1 the r:aici Cit.; ut /l :nc n. St". -( of Color :dc•. ;:'Oad o: Coc l,u,l i` right of t1ly l,url,o:,c;, and for underground of the C:t o. g utilities Y - other [tul,lic utiliticr, ,,uthorizcd to u':e t!1.: same by tllr c i t f 0 1` In, 01 Ion,1 :�� tlr•_ Iav s!1;.1 1 be u::.•c , .,000000' , I BOOK321 IN VIMMSS WNERLOF, th..! undersigned Lul:e 1-1. Anthony ,h.i:; hereunto set his hand and seal this 16,th day of December 1976. I-- fvkc 0 W. hon�'. Ant� s'rA'i'i; OF COLOPADO .County of Pitkin The foregoing instrument was acknowledged before me this 16th day of December ., 1976, by LUKE W. A DITHONY.. 3. WITNESS my hand and official seal. My Commission Expires: November 11, 1979 ....... .... -2- r- - -0 41 J1 !6r 40 f'. �5. tiifi�•_.Ha� �Zi�CAY 'y. X�R. rjA n. 04 • , Jet or tmbra8S0l4 11 i {Qi LQI•�.a�1. 11�I�iQ1iY • W9V=ts�nated. T. l\ 4P.jt� iTj�74Ry. Yak +II. �f-,� ,• Si , r � i ,��� ' +I�tidjths"�e`�1�h►':pIaQ!!e (3) ;..►•,�, f�r.z,K�ga��F;d.a�d� ,� 1�itif. loCatl7l Vida the city o! 1ltpat,; which location(.: 4,9 acre particularly described "I One (1) duplex each on Lots 1, 4, and S, Alpine Acres Subdivirion. Pitkin County, Colorado, and "BEREAS, the applicant has applied, pursuant to the provisions of Section 20-19(b) of the Aspen Municipal Code, for An exemption from the definition of subdivision for the creation of two separate condominium units on each of the above described lots, and WREREAS, the Aspen Planning and Zoning Commission did, at its meeting held �Qp. %�, , 197 6, determine that this proposed condominiumization is without the intents and purposes of subdivision regulation (subject to certain conditions) and did further recommend to the City Council that the requested exemption bo granted, and MIEREAS., the Aspen City Council, at a regular meeting held I ,V_-s�L28 , 1977, did consider the requested exemption, did agree that issuanca of an exemption is appropriate, and did grant the same subject to certain conditions, THEREFORE, NOTICE IS HERBY GIVEN that the City Cor:cil of the City of Aspen, Colorado, has granted an exemption rrom the definition of subdivision for lots creation of two separate =ndominium units/ancd conveyanceeofoseparate interests in said units for the Lots and improvements above described. PLEASE TAKE FURTHER NOTICE that this grant of exception is conditioned as follows: 1. That the applicant shall pay to the City of Aspen the appropriate Park Dedication Fee a._ributable to the six (6) units ant. calculated purb,:ant to Section 7-143 of the Aspen Municipal Code, which a.nount has been paid on the date of this statement. 2. That both units of the duplex be subject to the City's rental policy of six month minimum rental, with allowance of two short term rental restrictions. 3. That the conditions hereby imposed shall be deesaed covenants running with the land and burden thO same, and be binding upon the applicant, his heirs, assigns and usccessors in interest. DATED: , (i *. T Z! i077 I' P City Clerk of the City of Aspen, Colorado, do hereby certifrthat the foregoing 9 9 exemption from the de!inition of subdivision was granted by the Aspen City Council at its regular meeting held , 1977. L • _ y er o the Zity of Acpan STATE OF COLORT,DO ) es. OOUNTY OF PITRIN ) The foregoing was acknowledged before me this ' day of Wy,2,jt7— 1977, by Stacy Standley, III, Mayor, and by City Clerk, of the City 7--- of Aspen, Colorado. WITNESS MY HAND AND OFFICIAL SEAL. MY commission expiress Ybtary Public,,' C F f i F M 777 f..�s 1}_ •.7 a �• '-'ti. { "t= '7Ft ... � I. I f. .4tA J ��=.i �iu�t a -♦ ..E=��3` y�i -�A" H� .'� i'� � :'.7� -J'�: � '�' •4..? ..M.: .� . - i %e+k, T''`�, y-.^v :• � { ' - - . �� . lra• (!2, _ a �'.(.•'. - •-v,.,ll}� `{.:a a -- _ .�-..�1.. _l •f .-,�` '•�.'- 'a ... •' spy-; �iFT7c+is•iC-.Z'' "�,- �-? ^.'3•�S.e• _ r� _ .-. r'�y _ �� •I...•''.r\r.,i..'...f'. tRQCD d4d at 4sll T - T_• :`'" H'�• Doe ;p. 1977 J ,alia 8aaa; or Accr a Aeeeptlea *jabots a 1— CERTIFICATE STATE OF COLORADO ) , CODUTY OF PITKIN ) as• CITY OF ASpEN ) I, Kathryn 3. }tauter, City Clerk in and for said State, County and City, do herebycertify-that • the foregoing is a true, perfect and com lete Copy PY of � COLc-r, cc..CJ as the same appears of record in my office. WITNESS my hand and official sea a� 1 this �_ day of ��C��J 1922• . 1,:,•,.I:. ', : C,tY Clerk i �,� ,``.�• • �..�` ;� t, `• a Deputy •t .f - ion of c rf z i" Acres f UYl.joa V a yy7- aptlo e L • c w aj t Y 82 Wool nLuati- don of +L xe a W 4 44? 21li kqular Nestlny -J•,lt f yl -- - _ j°Pe+ City Counel2 a.eid the dralnayo project WI21 — through this should too a topsatpfi eey run up at SS0,000, and an • rte cent pedwras and 20 per cent state9 The project will be fundaJ at Sl�S0c000rtBpr Sgroemtat• Ellis said the This cannot go to bid until after there li.an Y hoped to get stated by Jam. j would Behrendt pointed out the•, ' could rather not take the 130,000 the City rtreets are already fallingapart and he Tears the City has been treated oat of the chip and see: Dux1 `or long tills rill tak• to englncerinq dlsr get. The last couple of stars Gralra a • whet• the Construction willptake�pl,c�ti�faBihrendt asked There will be no work 04 mould be ,,Construction to Carulsch on the couch alde of Main •treat. work on the Sower from there notch sidhou e of Plain street- There W111 be two blocks of existing 36 inch storm drain oontOclginal Sprito ng and Plata. rill be run down Spring storm 'Us Project Willng tie theTtris into the river. P q the obers<eyer building and rill eliminate outlast directly sewer at le pa stated A Possibilityd Glory Hole park- This could be Dought down the irrigation rater into the mad utilize rater rights This the storm drainageusing the scorn drama system. drainage system, t ills told Council De tad not seen a font weeks minimum he do construction schedule, bpt the City and One traffic tarto .• at just the dtorm drain work, 1S irking at I faster. There meld probably zLzl,be 'be pur of rouial � u,brlose Disruptill take up ive aPenpzkrouaaa4 Y be a detour of one block at a tine, Couneilaan Behrendt one to approve the work at the levels suggested b Seconded by Cbuncilwomn Pedersen. Y the Clty [nginear; t?ouncl2wnan Zahnstoa stated She feels that the City Is Working in the Of Auto disincentive, Council Pedersen pointed out City as this is a state b/ r Opposite direction Work that is necessary. aY' and the City Will get ththis worktIsdincumb*n drainage the J111 to favor. notion carried. DUpr-" C0NO0AtINICN2A-r Coanci2ean Behrendt Of duplexes that some Pointed no there was a general undertone about condominlumizstion °� tine looking,how, is undealrablA- planner Bill Mane told Council Ae had spent Oandomini loco this 4u�stion. Rene stated the issue had been raised that umLzation of existing duplexes bad the effect of removing local housin be9lnthe oq with, son[hetated this has not been happening. Duplexes yanrratc high rants to y are already 9 from du'doalnluairation of duplexes is provi g thd1rge local market• In host caste looked t eplltti,ng the Per land cost acrossP�lunit . Rousing sty for someone local to buy, that without nn _ two units. local as Coodheirslsald a-'-,��==!ration of d`PlCxosficer Brian ±tsGooC,-im stated rket. �• `etc ±t rental restrictions. Go a' tto Protect against this, the City should ask cfor osix ~month Apra Affordable for local Pointed out tha• eondaminiumization makes housing such , PeriOnY. Cbunellwosan Pedersen asked how the six ninth rental restriction ram to be enforced. At Stand ley suggested that the lease Agree nenta be recorded. Rant pointed out that at present, the City could only only applied to the Y got a a" r00th rental restriction voluntarily, it is the feeling that duplex condominlunierstlondlthe sCoWltY Commissioners are definitely of YaaB said the planning office has been overrun with to akin t•oodhelm cenlirrxd this la a very g housing oft the mizstio determine whether Co^plicated value Judgment. eats for condominiumlzation. !=is and duplexaa.l Conds�d or bad - There is a differene etweeneeulti�fa�ily build - tourists of duplexes increases single family dwellings tY to available to locals. A six Month rental restriction has a depressing value we the and keeps tourists out. Goodhela stated that in terms price be dea-;natrated there is a of apartneats buildings, h en 1 D to 100 per cent increase In housing Couacllwoaan Jahnston stated she fait this question needed 9 casts. said the Council tad agreed to continue w81ruer any multi-famll ante sty!• Y.ayor Stdndley Y snits until•Council had • re Plex condosciniumization but not to process \ port from the Housing Authority. �— aLVlsz[7Y �t M G2 -Alpine Acres Bill Rare told Council this is a Victorians on Gibson averequest for c9ndominluml:ation of threw existing are attached. The avenue. annexation alas city engineer has reviewed this, and his comments to be made. greement for this property covers LsprovaAents that are Barry Edwards told Coat.cil that they bad rota • had agreed to right of first refusal to tenantgrInQ a Six m'oath rental restrictions but well as is Basler for everyone concerned. s In the buildings. e"Bmptlon to a tdwards stated th This works cot as right of re[us�itatteacka�ec[ to payment of the that the / a i had recoomMed 1f at of re price to all tonarts,Park dedication G e mad q�iny flaat u ranted to PurehasB the mils r Councilnaa Do gorio pointed out that • they Could Lora Into short Leta. Cyor itandlay stated that !f Council were to give an ezemptlon, which !• an Bdvantago ! the owthe the Council Duct! to be isreqso to ate the sale• contract err iha prow cry. I-' was the [Said h could see it it is being sold to locals, and rant the an tha ro: f-a• is being Said he had been approacned oy t..nm of t1w Lcr.rztc u:a err-.rr•ci•rirF',.c ttis is being coadainiumi:ed and sold a_ prices they cannot afford. .r;ter SaSiScattd this ought'[o De tabled antis Council could get the kind of lntornrtaoa tAe� ' Coded. Nick MAdrath told COuacil it.77 Could be provided. they ranted _ ++ to see ulsa Caatsact, ey..w•ev+�rrac:i.;,af'1 • • . •. R •Rea0. "7JIIDI rr7 fo. id . l Not {1•, f ��•oa t :1Aign s tr 'hhn L Tchit ;tat t w s. ro ridzoo. �, Nang• � e ex bw i "Yr EaMIG wtc t" tiaq- �. waell b::'•�sp.rt .e [7 a .341 ,.448 qular tt-etiaq Aspen City Connell _ - _March 11, 1977 roe Standly Bald that Coencil wanted this informatlon becouso the applicant is reprs- ntiny ono :ct of facts, the tonant interested in purchasing is representing another t of facts, and the lousing authority representing a different sat of facts. If the t unit is graatlaq a subdivision exesptioo, they ought to be,,* accurate data. encilsan Oe Gr*"rio moved to table this rending submittal of background iaforsation- i willingnmsa to do six month rental rutrictlaass sacaadad by Councllaaa sahrendt. L in favor. motion carried. WIVISIOW rXL4PTION - IDOCOMUS • and Interwest K told Council this vas a requea, for condominlnaisation of a structure that does mot subdivision Lot yet. With condomin/usization agreement or aoproval, this allows two separatovneps Exemptin Exemptions n go forward and get financing separately. sae stated that oa this lead a duplex*: vas built by right but O-ir with one owner. Thar* is 9.000 square feet and It is Booed Intervesc 1. City Attorney Mnttall stated she would like to investigate this issue, tabled ocilsan Do Gregorlo stated the Ldea was attractive to him if the City could have soma ,trots an it. Councilman Wishart said he woold like the Council to come up with lose uisteat POLICY before they go any further. mcilman wishart now to table both Dorenus and Interwest applications for subdivision =ptionsj seconded by Co=cLlwo--^ Pedersen. ncil stated they would like to have a study session. Councilman De Gregorio pointed the applications as submitted can be used as positive things if the Council can get right controls on than. The study session was sat for Wednesday, trarch 23, at 6115. e and Goodhein were asked to be present and perhaps invite the P a Z. 1a favor, motion carried. Dr"SIM L'TT_`-PTI01 - Winchester L ' I - - r.l�' to Van Domelin, representing Winchester, told Council he was not aware that this ltas „Z been withdrawn from the Council agenda. So one had told him and he bad waited two '4. MrsThis project is a traditional existing duplex on Snowbunny, to be condominiumized i a s the type project the city is tryinq to ancouraie . 7az Dcxlin stated he was erned that these changes in position are announced ad hoc. People are rely�'9 on the .zilosoPhy of Council when the proceed. There should be some policy announced so that ,._• sople can act accordingly. t tyor Standley stated that is the prerogative of Council, and Council decided that they r ..r a<d better address this prcblem. The Council is not necessarily against subdivision ptions and duplex condominiumizations, but they want to understand the dyra=ics of hat is going on. Councilman Wishcrt pointed out that Council is not changing policy, ke or just want to establish a policy. ��p`;�"S- IBOIVISICN F_XF21rT:GH - C. N. Clark -� ra,rae told Council this subJii•es,on exemption would effectively create two building situ t lour lots at the aortihwest corner of Fourth and Hallam. There is 12,000 square fast It is zoned R-6. F 6 Z reviewed the request and asked that the large trees over 30 4reserved• Kane reiterated this request would take four lots with an existing " -ams site and split two original tovnsite lots and would craab Z-� ' r eLngle [Bully " r� iaasIN. Mayor Standley asked the application if he would agree to H, historic designa- a: an of the existing house. Clark answered yes. fie'.' tancilaan Behrendt moved to approve the subdivision e pp xamptiont seconded by Councilran* m Gregorio. Councilman Behrendt amended his motion to include subject to historic isignatioa and that before an excavation permits is issued, a landscaper will exmaLne trees to Auks Burs they wLll not be ru.inedi seconded by Co®cilsun De Gragorio. 1En LaSalle. representing Kr. Clark, told Council that Clark bad conaultad wits twr, ` -Chitects, who had assured Clark that the trees would not have to be moved. Clark feel.; tat the trees add to the property. The present tree ord.inaace encau:rages relocation of s, or rvplacement if'they cannot be relocated. Fans stated the park dedication fee worked out to S3.846 predicated on $2.93 per square foot, assusring it is a three ldroom hOtme. However, the appraisal report shows this is a two bedroom,and this will e the park dedication fee to i2,S96.29. The parka dedication fee will be paid on e existing house. The dedication fee oa the other site will be paid at the tine of m huildint permit. i ' Subdivision Exemption Winchester t i I ,Subdivision Exemption - C. M. Clark Ll In fawn, notion carried. _ s _ f r3amslON EXEN nICN - . •r we told Council this request is fora lot lira adjustment. Ease sho&ood Council a sup Subdivision •�' the p^eperty and dcnr:::ratai 6h.ers the lot line change would be. The proposed Exemption ._J-')&:bal.ignmenc of lot lines would not change' the allowable density. This is really a minor Wed-=-ffy w%n :lag. this requires the appro.al of Council to Btra19bten out the deeds_ r" �cxilman De Gre7orio moved to approve the lot lira chance for the San�gglerj7uract - A 1 !a- rty as preposeds seconded by Councilman Parry. All in favor. motion earrirtl. y e i1'JrvISIO2r EXf-PIIOH - Shaw and WPM - - -� S .•..`jined to Council thin is a request for subdivision c_ r_...:'-1 9 lute tr ' }e Gaon, Lots 16 through 26. This is the area across the str'.:-� cr.3n the trlan; _ is ?rcch.sod by the City. This 18 actually two separate req—,6,a, ill separaca a- r *{ r I' •ark . to ,f far irk -Ott" ,N449 -A!" city council I- told council that X-- Jersey has legislation that con" C__p`&Fjnj-f rental hou"'" for Peol'I* displaced. cravalre the developer "T Z"I'A"s told Council that his firm LiA submitted data 'I- rr daplo -4 or mu I t L - fan J I T un I t has been bought try loco Ilustratinq that Wirt,&Ily i'vmot 9" a 541*0 contract or Price certain cntliptopl 0 ' Z'Iward* Stated &AtLoa May O;et' ezc=ptic= or 11--An Johnston stated 'vision insist upon six north rs"_ had — Plea with Condo -Lai .1 za flax of *_j?l*z"v but hsPPea" the rental pool a estal -Provisions' Council"004A Pedersen asked what worsid itiorts - f duplexes for L'w summer pile' These .us aartistic events that take place Is town, o are viral to the veac lexialwow"Lr. =cvrd that the Council &dcpt & policy of corjdomlftl,.,,,ti with the city,V six wcnth rental of 90 day notice restrictions On both sides at an tan dupLes and to tenant before selling with a riot of first refusal or am option. Standloy asked If by .6doptiog & policy Is the Council walking jzto a that ins specific Perfor-la=c-a elements Is, trip wt6er*by anybody who meets the" Conditions to be %ranted •n exemption. even thou9b the men cit has wit Y Attorney XAttA:1 AzZwered no, ttc=c are C 'say find *-Ann other sexioq= probl h Bar Zest 9---ral ego. rY Zdwards. -;=Idellnes.- Co.,cil discussed Condition; whether I Leonard Oates, 306 George and 44".. t should be notice John DGK--Is the urordtag of the Of "s t-it*,i period and notice. and -d-Asignable option to tenant secood the struc= Wben Mayor Staradloy, started that this condition maid be only it goes th."-sh CrOadca"LunL"rion; it " ate t4 sh". Car Standley sugVgstrd Vlit Doremus,-Eewaxds. Oate _3 and Gear rts the benefit of the that and to be "*leered at the eo�g& draft a policy etarfflxmat; 107 Stated that articulation of these relenents Is vu next Council neat"q_ #La]�or *tAte"mat- Good"eis" Stated that It is difficult ry iXiX3T"-A_-t I-- t-1-4 Poli_-T Ing down the road. to a P& flu Offar Iz Cbrodheiii suggested that V, atlAcA ts all "m W4,riOus problem Sht of first ret=s&l &S&IDst a bame Cil.nmxa Johnston moved that the city %sion ration of duplexes with the Cityrrs MorIMOIL C—ilt:dopt a policy of allowing croornomw :00 - both sides with at least 90 day at siz man or t,— short ;ter ic. tens rental restrictior,, faxal to any bOOA fide offer; to any *misting tenant Plus A right of first *;Cox;�Od by C6UV6Qjl- Wi shirt A.11 I= favor. with the - Ption of Cou'actime-j"bers Behrendt and re6arven- PlOtiou carried. tY Manager mahroney pointed out that this policy Limits tme of Private P ('"ro, --Id r_4uire an ordinances. I the r.,.'T, did lir '. Myor StA=dlcy —4-1 f_= t?%_ ruttall. If nos -it the me Of Private Properr . Charter and asked I was 'OftlY Lnposing graleeii. 2_ Mator Stane _Y. Its. AkMzAU amz-wzed Lh-L Lr.& .4 Musa, would tLe C1_"=ci1 then be b1ee,�,otnd. Icy asked If this rw*XV In Ordinance stated he would t -vver adv rft- watt -all an—.,er*d yes. M Akc rash iz_�t —t -1107-r Standley and 70 alw'Ad as chair and all" Council to socts ----I -,. Vott.11,12 interprwrArion astabLished by motion. M the" requests give, the guidelines A, SUBDIVISro W 'I EXVIEP-, jocq - Alpine Lcres ion lsarry 2: -L-ards told Council he %,OaLd be happy to go &'Ir t n on the 90 day notice as conditions fore o vit- -le zLx re-tal ark -AC1,rk, Planning office. ,,.r em�oa fx-M subdivision. MUL, Subdivision rccor"ended this far va tea' ion A the two other Conditions. 9 726 94 Pazk d-dicatLen fee ar -W4 E-T---t of an Xe%rendt moved to approve the subdIv_j_nlG= lion �',t% Council- t co� Iti by Coruz Wishart- All In favor, nation carried. tb. d oras _Msml EXE�, ON - Doreen. I Clark told Council that ibis building that is unique in that It Is a requestcoodaajai'�'Ixm Clark stated it is the recc�� -a t&as,d on t ne t,c= a f tr. ffice for approval the policy stat*_;.Q'Z Z_ 'e pl&n=ing Sttbrilvislau __d ral=t of t1— P'Xrt dedication fee exe--etion &t the' time the bcAlding peralt is issued. icati T aci1-12 Behrendt mo.;,d to approve this subject to Coaa,11 ';4� ead'"t'00 fee at tineof building permit j_,suanco. program and parrWat of a CbruncLI-omAn Pedersen stated she cannot 64m cGn4osjn1c=,xl_ng sror —2 a Wth Do -plai—d to Council thit *h" is RmLmlT a matter of financ Ing Johnston Poiated out therr, is no tenant to give right of firm 'rig- COWNCII-O.aa I AU in favor. wlth the exception of C)Dinnilwcuum redr.,,en. t refusal to. •J.§DtIOM clrlld SzM51"VISION ZXEMPTroft - Interw'"t told CaUncil this vas aftotlwr rwqucst to carada� '�rzist Lairr-LIAM 'a bralldln:_3 that does not It is lOcA" an Sno-bruz%ny. The `:�4t4t*dtaat mad pay=cat of park dedi 'tion Plar"xing office rvclx--%ds approval with i vi M i Go CA fee uPO�M building permj% Issuance. policy :Z-."�ptiora Zit azwei to approve subject st tIll* perk dedication fee 11,100 building pernit i&*sCouac""s Policy stitcOwat &m4 payme t GO issuance. All in fAvcLr. vita tj6Q —e"- MOLLOO C4MXied. 41 wrd this to to *ajetlal duple 110CAtW'd Saawbumy. T%W dedleattaft tv $2.2us.34 math a rdcdurctloa for t4aes Paid to tb, •Cl'y fee will be don phLlford t*14 Couacl, he to over the I" t 12 ?Clock to PUMN4341.• to-Amt &ml do" b**V am P Z It • • 'JR�1 ^:O 500'. Policy of Title Insurance Issued by Transamerica Title Insurance Company SUBJECT TO THE SCHEDULE OF EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CON. TAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, TRANSAMERICA TITLE INSURANCE COMPANY, a California corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company.may become obligated to pay hereunder, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein; 2. Any defect in or lien or encumbrance on such title; 3. Lack of a right of access to and from the land; or 4. Unmarketability of such title. In Witness Whereof, Transamerica Title Insurance Company has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. Transamerica Title Insurance Company By President if BY P �d Secretary SCHERLE OF EXCLUSIONS FROM C&RAGE The following matters are expressly excluded from the coverage of this policy: 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) re- stricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordi- nance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subse- quent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claim- ant had paid value for the estate or interest insured by this policy. CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Company may have against the named insured, those who succeed to the interest of such insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant": an insured claiming loss or dam- age hereunder. (c) "knowledge': actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of any public records. (d) "land": the land described, specifically or by reference in Schedule A, and improvements affixed thereto which by law constitute real property; provided, however, the term "land" does not include any property beyond the lines of the area specifically described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) "mortgage': mortgage, deed of trust, trust deed, or other security instrument. (f) "public records": those records which by law impart constructive notice of matters relating to said land. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE The coverage of this policy shall continue in force as of Date of Policy in favor of an insured so long as such insured retains an estate or interest in the land, or holds an indebted- ness secured by a purchase money mortgage given by a pur- chaser from such insured, or so long as such insured shall have liability by reason of covenants of warranty made by such insured in any transfer or conveyance of such estate or interest; provided, however, this policy shall not continue in force in favor of any purchaser from such insured of either said estate or interest or the indebtedness secured by a pur- chase money mortgage given to such insured. 3. DEFENSE AND PROSECUTION OF ACTIONS — NOTICE OF CLAIM TO BE GIVEN BY AN INSURED CLAIMANT (a) The Company, at its own cost and without undue delay, shall provide for the defense of an insured in all litiga- tion consisting of actions or proceedings commenced against such insured, or a defense interposed against an insured in an action to enforce a contract for a sale of the estate or interest in said land, to the extent that such litigation is founded upon an alleged defect, lien, encumbrance, or other matter insured against by this policy. (b) The insured shall notify the Company promptly in writing (i) in case any action or proceeding is begun or de- fense is interposed as set forth in (a) above, (ii) in case knowl- edge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest, as insured, is rejected as un- marketable. If such prompt notice shall not be given to the Company, then as to such insured all liability of the Company shall cease and terminate in regard to the matter or matters for which such prompt notice is required: provided, however, that failure to notify shall in no case prejudice the rights of any such insured under this policy unless the Company shall be preiudiced by such failure and then only to the extent of such prejudice. (c) The Company shall have the right at its own cost to institute and without undue delay prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as insured, and the Company may take any appro- priate action under the terms of this policy, whether or not it shall be liable thereunder, and shall not thereby concede liability or waive any provision of this policy. (d) Whenever the Company shall have brought any action or interposed a defense as required or permitted by the pro- visions of this policy, the Company may pursue any such litigation to final determination by a court of competent juris- diction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (e) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured hereunder shall secure to the Company the right to so prosecute or provide defense in such action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such insured for such purpose. Whenever requested by the Company, such insured shall give the Company all reasonable aid in any such action or proceeding, in effecting settlement, securing evidence, obtaining witnesses, or prosecuting or defending such action or proceeding, and the Company shall reimburse such insured for any expense so incurred. 4. NOTICE OF LOSS — LIMITATION OF ACTION In addition to the notices required under paragraph 3(b) of these Conditions and Stipulations, a statement in writing of any loss or damage for which it is claimed the Company is liable under this policy shall be furnished to the Company within 90 days after such loss or damage shall have been de- termined and no right of action shall accrue to an insured claimant until 30 days after such statement shall have been furnished. Failure to furnish such statement of loss or damage shall terminate any liability of the Company under this policy as to such loss or damage. Continued on Front of Back Cover Continued from Back of Front Cover S. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS The Company shall have the option to pay or otherwise settle for or in the name of an insured claimant any claim in- sured against or to terminate all liability and obligations of the Company hereunder by paying or tendering payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred up to the time of such payment or tender of payment, by the insured claim- ant and authorized by the Company. 6. DETERMINATION AND PAYMENT OF LOSS (a) The liability of the Company under this policy shall in no case exceed the least of: (i) the actual loss of the insured claimant; or (ii) the amount of insurance in Schedule A. (b) The Company will pay, in addition to any loss insured against by this policy, all costs imposed upon an insured in liti- gation carried on by the Company for such insured, and all costs, attorneys' fees and expenses in litigation carried on by such insured with the written authorization of the Company. (c) When liability has been definitely fixed in accordance with the conditions of this policy, the loss or damage shall be payable within 30 days thereafter. 7. LIMITATION OF LIABILITY No claim shall arise or be maintained under this policy (a) if the Company, after having received notice of an alleged defect, lien or encumbrance insured against hereunder, by litigation or otherwise, removes such defect, lien or encum- brance or establishes the title, as insured, within a reasonable time after receipt of such notice; (b) in the event of liti ation until there has been a final determination by a court ot�com- petent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as insured, as provided in paragraph 3 hereof; or (c) for liability voluntarily assumed by an insured in settling any claim or suit without prior written consent of the Company. 8. REDUCTION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. No payment shall be made without producing this policy for endorsement of such payment unless the policy be lost or destroyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Company. 9. LIABILITY NONCUMULATIVE It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Com- pany may pay under policy insuring either (a) a mortgage shown or referred to in Schedule B hereof which is a lien on the estate or interest covered by this policy, or (b) a mortgage hereafter executed by an insured which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy. The Company shall have the option to apply to the pay- ment of any such mortgages any amount that otherwise would be payable hereunder to the insured owner of the estate or interest covered by this policy and the amount so paid shall be deemed a payment under this policy to said insured owner. 10. APPORTIONMENT If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is estab- lished affecting one or more of said parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each such parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement herein or by an endorsement attached hereto. 11. SUBROGATION UPON PAYMENT OR SETTLEMENT Whenever the Company shall have settled a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and reme- dies which such insured claimant would have had against any person or property in respect to such claim had this policy not been issued, and if requested by the Company, such insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect such right of subrogation and shall permit the Company to use the name of such insured claimant in any transaction or litigation involving such rights or remedies. If the payment does not cover the loss of such insured claimant, the Company shall be subrogated to such rights and remedies in the pro- portion which said payment bears to the amount of said loss. If loss should result from any act of such insured claimant, such act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against hereunder which shall exceed the amount, if any, lost to the Company by reason of the impairment of the right of subrogation. 12. LIABILITY LIMITED TO THIS POLICY This instrument together with all endorsements and other instruments, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. 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 covered hereby or any action asserting such claim, shall be restricted to the provisions and conditions and stipulations of this policy. No amendment of or endorsement to this policy can be made except by writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 13. NOTICES, WHERE SENT All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to Transamerica Title Insurance Company, P. O. Box 605, Denver, Colorado 80201. • • IBT6 STATE OF COLORADO RICHARD D LAMM Gov..RG. J RICHARD BARNES C L U Cc ..l _ ROBERT L BROWN Dear Real Estate Purchaser: J DIVISION OF INSURANCE DEPARTMENT OF REGULATORY AGENCIES 106 STATE OFFICE BUILDING • 201 E. COLFAX AVE. DENVER, COLORADO 80203 May 1, 1977 Following this letter you will find a brief explanation of your title insurance commitment and policy. Title insurance companies are regulated by this Division, as are other types of insurance companies. This Division makes certain that com- panies issuing title insurance commitments and title insurance policies are financially sound, and that they operate in accordance with statutes and regulations. We also have a great interest in making certain that you, as the consumer, understand the purpose of title insurance and that you understand your rights under your insurance policy. In the event you are dissatisfied with responses given to your ques- tions or problems by your title insurance company, you are encouraged to send your questions concerning title insurance or any complaints that you may have against your title Insurer to this office. We are on hand to make certain that all your rights and remedies, both under your policy and under law, are available to you at all times. Sincerely, CHARD BARNES, C.L.U. Commissioner of Insurance JRB:bI Asa purchaser of a home or other real estate you may receive a 'Commitment for Title Insurance" and a "Policy of Title Insurance:' Both of these documents. like many others in connection with your purchase, are contracts creating legal rights which you should read carefully and which you may wish to have examined and explained by a lawyer or other adviser. While the following description of these documents cannot change the precise terms of these documents, it is hoped that this will help you to understand their purpose and effect and answer some of your questions about them. QUESTION: "WHAT IS TITLE INSURANCE?" ANSWER: Basically, it is a contract with the title insurance company in which the company agrees to defend and indemnify you against losses which you may suffer because of unreported defects in the title to your property as of the date of the contract. It is not casualty insurance and, therefore, does not protect you against acts of theft or damage 'to your home by fire, storm and the like. Essentially, the insurance insures that you have title to the property subject only to certain exceptions and exclusions listed in the Policy of Title Insurance. Title insurance recognizes the possibility of loss, but transfers the risk of loss from you as property owner to the company issuing the policy. For this reason title insurance companies are required to maintain reserves to cover losses. If you are financing your purchase, your lender will ordinarily require that you obtain a separate Lender's Policy to insure that your property will in fact serve as security for its loan. QUESTION: "WHAT DOES THE PREMIUM PAY FOR?" ANSWER: The one time, non -recurring premium pays for several things. It helps to pay for the cost of collecting, maintaining, searching and examining real estate records and certain other public records which relate to your property so that the title insurance company can determine the insurability of your title. For example, the title insurance company will determine whether the public records show that your seller really owns the property, what mortgages or liens (a recorded legal claim) may exist, whether there are restrictive covenants on your CONTINUED ON REVERSE property or easements which allow persons to cross your property or to place utilities across your property. The premium also serves to finance certain legal costs which may arise if your title is challenged. Additionally, payment of the premium requires the title insurance company to indemnify you for any losses you suffer as a result of the title company's failure to fulfill its contractual obligations under your title policy. QUESTION: "WHAT IS A COMMITMENT FOR TITLE INSURANCE?" ANSWER: A Commitment for Title Insurance is a standardized preliminary document authorized by the Commissioner of Insurance indicating that a title insurance company will issue a title insurance policy to you after certain steps have been taken, such as the payment of an outstanding mortgage or lien and the issuance of a deed to you. These steps are set out in the commitment as "requirements" in Schedule B—Section 1. In Schedule B—Section 2 "Exceptions;' the commitment also summarizes certain existing limitations on the use of your property, the defects in your title and liens against your property. Your policy will not protect you against these matters. You will note that some of these limitations and defects may still exist even after all of the requirements of the commitment have been met. These other matters are usually such things as restrictive covenants of easements for utilities and the like. You should carefully read both the "requirements" and the exceptions to title stated in the commitment so that you may raise objections if there are matters affecting the title to which you did not agree when you signed the contract to purchase your property. Some of the "exceptions'' are standard and will not normally be covered by your title policy. The first standard exception is any claim by parties in possession of the property which is not shown by the public records. This means, for example, that someone may have been living on the property for a long period of time and may claim that they own the property, even though they do not have a recorded deed; or may claim that they are somehow otherwise entitled to be on the property. The title insurance company could not learn of such a claim by examining the public real estate records. You should inspect the property to make sure that anyone living there will respect your ownership. Exception 2 of Schedule B similarly may mean that someone has used a portion of the property long enough to claim an easement, even though there is no instrument of record giving that person the authority to do so. Exception 3 of the standard commitment in essence says that the title insurance policy will not insure against problems concerning the exact boundary lines of the property you are purchasing, which means that you should make certain that there are no fences or other encroachments on your property, particularly if you do not have a survey. Again, a title insurance company cannot determine whether such problems exist on your property because employees of the title insurance company will not inspect the property unless they are specially requested and paid to do so. Exception 4 excludes liens which may be filed against your property by someone who may have done work on the property and who has not been paid. The title insurance company does not have any way of determining whether such claims may exist in the absence of some recorded document. You may wish to verify that no such unsatisfied claims exist. The fifth standard exception is for matters which may arise following the issuance of the commitment and before you complete your purchase. Many companies also exclude taxes and special assessments which may be imposed against your property which are not recorded in the public records, or the amount of which has not yet been determined. If you are purchasing a single family residence, you may wish to check to see if you are entitled to obtain endorsement Form No. 130 which removes several of the standard exceptions and will give you insurance for some of those matters. You will see that the commitment shows the amount of title insurance to be issued, together with the amount of the premium charge. Ycur seller should check with his broker and with the title insurance company issuing the commitment to make certain that he has paid the lowest premium to which he is entitled. For instance, if there has been a title insurance policy issued to your seller within the last two years, he may be entitled to receive some credit for the prior premium against the amount of premium which he will now pay. QUESTION: "WHAT IS THE POLICY OF TITLE INSURANCE?" ANSWER: The Policy of Title Insurance is a document which will be issued to you after your purchase transaction is concluded. It, too, is a standardized document, the printed portions of which have been approved by the Commissioner of Insurance. Schedule A of your policy will set forth, among other matters, the amount of insurance coverage, your name as the insured, your interest in the property, such as actual ownership or a leasehold interest, and the legal description of the property. Your title insurance policy, as any other insurance policy, has exceptions from coverage. These will be set forth in Schedule B of your policy and in the Schedule of Exclusions from Coverage. Matters which may limit coverage will be set forth in the "Conditions and Stipulations'' section of the policy. In Schedule B of the policy, you will find those items against which the title insurance company does not, or cannot, insure. Many of these will be the same as the exceptions set out in Schedule B of the Title Commitment. The Schedule of Exclusions from Coverage excludes matters such as zoning ordinances which regulate how the property may be used, rights which may be possessed by a governmental body and which might be exercised against the property, and any defects of which you may be aware but have not informed the title insurance company. You may desire to investigate the status of these matters before you complete your purchase. Also excluded are defects or encumbrances which may be placed upon the property subsequent to the date of the policy. You should remember that a title policy is not a promise of indemnity against some defect or claim against your title which may be created in the future. It does protect you against loss or damage existing from defects in the title to real property existing prior to and as of the date of the policy even though they may not be discovered until some future date. The language concerning Conditions and Stipulations under which the title insurance company issues its policy contains an explanation of the terms of the policy, and also deals with how you should notify the title insurance company in the event you may believe that you may have a claim under the policy. If someone should assert that they have a right to use your property or that they own part of it, and you cannot find that right set forth in your policy as an exception or an exclusion, you must notify the title insurance company in writing of the situation. The address for this notification will normally appear in your policy. Prompt notification will enable you and the company to deal with the matter or problem that you raise, if it is covered by the policy, so that the dispute may be resolved in as timely a manner as possible. You should know that if the problem is covered by your title insurance policy, a title insurance company must usually bear the costs of litigation, either to defend your title in the event of an adverse claim against it, or sometimes to bring affirmative legal action to clear up the problem. In so doing, the title insurance company retains the right of settling the claim or pursuing the matter through the courts, if it believes that the rights asserted by a third party against your property are not legally justified. If the title insurance company takes the position that the matter which you raise is not covered by the terms of the title insurance policy, it must so notify you as soon as reasonably possible after you present your claim. QUESTION: "WHAT IF I STILL HAVE FURTHER QUESTIONS ABOUT THE COMMITMENT FOR TITLE INSURANCE OR POLICY OF TITLE INSURANCE?" ANSWER: You should certainly ask them of your attorney, the seller, the lender or the title insurance company. If you do not receive a satisfactory answer to your questions, you may contact the office of the Colorado Commissioner of Insurance, J. Richard Barnes, Commissioner, Department of Regulatory Agencies, 106 State Office Building, Denver, Colorado 80203. Form No. C-112.13 FORM NO. C-5000-1 FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY --FORM B-- 1970 (AMENDED 10-17-70) SCHEDULE A Amount of Insurance $ 143, 125. 00 Policy No. 7302627 Date of Policy January 4, 1984 Sheet 1 of __ _ 4 4:20 P.M. 1. Name of Insured: JOSEPH DUNN and MARY C. WAGER 2. The estate or interest in the land described herein and which is covered by this policy is: JOSEPH DUNN and MARY C. WAGER, as tenants in common, in fee simple 3. The estate or interest referred to herein is at Date of Policy vested in: JOSEPH DUNN and MARY C. WAGER • • FORM NO. C-6000.2 FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION LOAN POLICY 1970 (AMENDED 10-17-70) FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY --FORM 13-1970 (AMENDED 10-17-70) S C H E D U L E A —Continued The land referred to in this policy is situated in the State of Colorado, County of Pitkin , and is described as follows: Condominium Unit 2, ALPINE ACRES TOWNHOUSE CONDOMINIUM ##4, according to the Condominium Map appearing in the records of the County Clerk and Recorder of Pitkin County, in Plat Book 15 at Page 73, and as defined and described in the Condominium Declaration thereof recorded December 30, 1973 in Book 458 at Page 152. rO-RM NO. C-6000-3 ` FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION LOAN POLICY 1970 (AMENDED 10-17-70) FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY -FORM B-1970 (AMENDED 10-17-70) SCHEDULE B PART I This Policy does not insure against loss or damage by reason of the following: 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 cor- rect survey and inspection of the premises m ould disclose and which are not shov.-n 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 shaven by the public records. 5. Taxes due and payable; and any tax, special assessments, charge or lien imposed for cater or sewer service, or for any other special taxing district. Taxes for the year .1982 paid according to tax certificate dated January 5, 1984. 6. Right of way for ditches and canals constructed by the authority of the United States, as reserved in the United States Patent recorded in Book 185 at Page 69. 7. Terms, conditions and provisions of that certain agreement for Annexation of Real Property into the City of Aspen, recorded February 9, 1977 in Book 324 at Page 657. 8. Terms, obligations, provisions and restrictions as contained in Statement of Exemption from the Definition of Subdivision recorded August 4, 1977 in Book 333 at Page 4. 9. Easement and right of way for the construction, improvement, operation and maintenance of a public road and underground facilities granted to the City of Aspen by Luke W. Anthony in the instrwnent recorded December 21, 1976 in Book 321 at Page 761. 10. The water right and structure (including all hardware, equipment, and appurtenances thereto), commonly known as the Anthony Well, as described in the ruling of the referee in water case No. W-333 in the District Court in and for Water Division No. 5, State of Colorado, entered on Septer-.ber 30, 1971, granted to the City of 'Aspen'by Luke W. Anthony in the instrument recorded December 21, 1976 in Book 321 at Page 760. 11. Terms, agreements, provisions, conditions and obligations -as contained in the Articles of Incorporation of Alpine Acres Subdivision Property Owners Association Company, recorded May 19, 1977 in Book 328 at Page 990. 12. Terms, agreements, provisions, conditions and obligations as contained in City Counsel of Aspen minutes, March 14TH, and -March 28TH, recorded December 30, 1977 in Book 341 at Page 446. 13. Protective Covenants, restrictions, reservations and obligations which do not contain a forfeiture or reverter clause, as contained in Declaration of Covenants, restrictions, easements, charges and liens dated April 26, 1977, recorded April 26, 1977 in Book 327 at Page 446. FORM NO. C-6000-3C FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION LOAN POLICY 1970 (AMENDED 10.17-70) FOR USE WITH COI ORADO REGION AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY -FORM B-1970 (AMENDED 10-17-70) S C H E D U L E B-Continued 14: Terms, conditions, provisions and obligations as contained in the Condominium Declaration for Alpine Acres Townhouse Condominium, #4, recorded December 30, 1983 in Book 458 at Page 152 , 15. Terms, conditions, provisions and obligations as set forth in the Article of Incorporation of Alpine Acres Townhouse Condominiums, n4, recorded in Book at Page 16. Agreements creating covenants running with the land recorded December 30, 1983 in Book 458 at Page 149. 17. Deed of Trust from Joseph Dunn and Mary C. [•lager to the Public Trustee of the County of Pitkin for the use of Aspen Savings and Loan Association to secure $70,000.00 dated January 3, 1984 recorded January 4, 1984 in Book 458 at Page 534 Adjustable Rate Rider in connection with the above Deed of Trust recorded January 4, 1984 in Book 458 at Page 538. ii jfoV H ry om mN O _ �s,�,^fH M OOY Eym. O =y0 yp^ Omh •i U p C�fV C° ?.�'r o Q E Q.i OL. e o o� •O^mP a o—y°O„ On C tad �°r o c o0 o' o� _ n o� o�co own o 3 po `o on E ioo <u�e ^ LV �� °n Y OV— Oy V.-• m^ W .. O"• C r`e VV— O C •— V O`cO a KO cc —73 ow c V ;r N �e C n O �W O m ^ V O O O M 01 OO <c_H • fC�'. • EcmOn • 1pO•wC oom v" Yc�^ • emst. m90 0- O�hOVmpP Oemcfvv • S �o wO •o ° o c ao m M h �M pQO O— I`L O ° c EE F . Vf y F.• Z W Q v +-, cis CA.) 0 3 o E v V cc c C H E U C a H c C o 12 �m < Pa Q m a ° m _ _ _ CD U ^ .0° OCE O C 3: mO •Lis U�% U. N Eo 0 "U2R m imn` O OcWcCWWLO O Eo O m A.x-N <a •`° _ po•Oe� 02 •a• t3mO0smm�C) anN� �m Ki C W j Mo� C 3roDc —o°Dcy^° OU� �O ioV°) p .n— o•,, n Im mN�0'- o W can 00 WOn.(�,1 mmM �oOmJo7V-LymT0 0 oN,NiOm'O.c Y/ V O2 "`c�mC am QNO O ¢ o °a) F- OtW O .. ^^ o o O x°Cw a�("W�CON;!7. U) :E O U) EU) I L F- c Z O N 3 N COMMITMENT FOR TITLE INSURANCE ISSUED BY Transamerica Title Insurance Company r OATES, HUGHES & KNEZEVICH 534 E. HOPKINS ASPEN, COLORADO 81611 ATTN: LENNY OATES L Your Reference ANTHONY/BISHOP No. 7302626 C Sheet 1 of 5 AMOUNT PREMIUM OWNER $ 123,125.00 $ 409_ nn MORTGAGE $ $ ADDITIONAL CHARGES $ COST OF TAX CERTIFICATE $ s _ pn _J SURVEY COSTS $ TOTALS $ d id nn CC's To: COMMITMENT TO INSURE Transamerica Title Insurance Company, a California corporation, herein called the Company, for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the conditions and stipula- tions attached. Customer Contact: DON VEITCH By VINCENT J. HIGENS Phone: 925-1766 AUTHORIZED SIGNATURE The effective date of this commitment is DECEMBER 8 , 1983 at 7:00 A. M. At which time fee title was vested in: LUKE W. ANTHONY, in fee simple SCHEDULE A 1. Policies to be issued: (A) Owners': CHARLES O. BISHOP (B) Mortgagee's: Form No. C-142.1 Rey. 7-1-91 SCHEDULE A —Continued 2. Covering the Land in the State of Colorado, County of PITKIN Described as: CONDOMINIUM UNIT 1, ALPINE ACRES TOWNHOUSE CONDOMINIUM #4 according to the Condominium Map appearing in the .records of the County Clerk and Recorder of Pitkin County, Colorado in Plat Book at Page , and as defined and described in the Condominium Declaration thereof recorded in Book at Page NOTE: Presently known as LOT 4, BLOCK 1, ALPINE ACRES SUBDIVISION. 4 Form No. C-142.2 • SCHEDULE A —Continued REQUIREMENTS 3. The following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument recorded subsequent to the date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded in the office of clerk and recorder of the county in which said property is located. A. Good and sufficient Condominium Plat and Declaration acceptable for recordation and approved by Transamerica Title Ins. Co. prior to recordation. B. Deed from Luke W. Anthony to Charles O. Bishop. C. Release by the Public Trustee of the, Deed of Trust from : Luke W. Anthony to the Public Trustee of the County of Pitkin for the use of : Valley Federal Savings and Loan Association to secure : $150,000.00 dated : May 27, 1977 recorded : June 1, 1977 in Book 329 at Page 555. D. Evidence satisfactory to Transamerica Title Ins. Co. that the Real Estate Transfer Tax as established by Ordinance No. 20 (series of 1979) has been paid or exempted. E. Certificate from Alpine Acres Subdivision Property Owners Association Company evidencing the fact that all homeowners dues are current. Form No. C-142.8 SCHEDULE B THE POLICY OR POLICIES TO BE ISSUED HEREUNDER WILL NOT INSURE AGAINST: 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, im- posed by law and not shown by the public records. 5. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer service, or for any other special taxing district. 6. Right of way for ditches and canals constructed by the authority of the United States, as reserved in the United States Patent recorded in Book 7. Terms, conditions and provisions of that certain agreement for Annexation of Real Property into the City of Aspen, recorded February 9, 1977 in Book 324 at Page 657. 8. Terms, obligations, provisions and restrictions as contained in Statement of Exemption from the Definition of Subdivision recorded August 4, 1977 in Book 333 at Page 4. 9. Easement and right of way for the construction, improvement, operation and maintenance of a public road and underground facilities granted to the City of Aspen by Luke W. Anthony in the instrument recorded December 21, 1976 in Book 321 at Page 761. 10. The water right and structure (including all hardware, equipment, and appurtenances thereto), commonly known as the Anthony Well, as described in the ruling of the referee in water case No. W-333 in the District Court in and for Water Division No. 5, State of Colorado, entered on September 30, 1971, granted to the City of Aspen by Luke W. Anthony in the instrument recorded December 21, 1976 in Book 321 at Page 760. 11. Terms, agreements, provisions, conditions and obligations as contained in the Articles of Incorporation of Alpine Acres Subdivision Property Owners Association Company, recorded May 19, 1977 in Book 328 at Page 990. 12. Terms, agreements, provisions, conditions and obligations as contained in City n Counsel of Aspen minutes, March 14TH, and March 28TH, recorded December 30, 1977 Q in Book 341 at Page 446. 13. Protective Covenants, restrictions, reservations and obligations which do not contain a forfeiture or reverter clause, as contained in Declaration of Covenants, restrictions, easements, charges and liens dated April 26, 1977, recorded April 26, 1977 in Book 327 at Page 446. ----- CONTINUED ----- Form No. C-142.4 Rev. 4-18-76 SCHEDULE B—Continued 14. Terms, conditions, provisions and obligations as contained in the Condominium Declaration for Alpine Acres Townhouse Condominium, #4, recorded in Book at Page / 15. Terms, conditions, provisions and obligations as set forth in the Article of Incorporation of Alpine Acres Townhouse Condominiums, #4, recorded in Book at Page Form No. C-142.6 1. 2. 3. 4. Transamerica Title Insurance Company Arapahoe - Douglas 20M West liNleton Bou —nill Littleton, Col. ad. 80120 (303) 795-4000 Denver - Adams I" la. once Street D—or, Colorado 90202 1303) 629-4800 Boulder 1317 Sp— S1M1 Boulder, Colorado $0302 (303) u3.7160 Eagle Ica South Frontage good I o r 1700 Y.N. Colorado $1657 (303) 629.4956 El Paso 418 South Weber 51reel Colorado Sar:ne', Colorado 80903 1303) 634.3731 Jefferson 1675 Carr Street lehe—d, Colorado 80211 (3031 231.2800 Transamerica Title Services Lorimer 151 West Maunlaln A.enw Bea 1100 Fort Collin', Cal —do $0322 (303) 493.64" Mesa 531 Rood Avenue Grand Junction, Colorado 81501 (303) 242.8234 Pitkin -601 T. IIOPR.INS Aspen, Colorado 81611 1303) 925.17" Puebig 627 North Main Street Pueblo, Colorado 91003 (303) 543.0451 Routs - Jackson 507 Lincoln Street Bor 773568 Steamboat Springs, Colorado 80477 1303) 879.1611 Weld 91a Tenth St **I Greeley, Colorado $0631 (303) 352.2283 CONDITIONS AND STIPULATIONS Please read carefully This is a Commitment to issue one or more policies of title insurance in our Standard Form when the requirements set forth in the Commitment have been satisfied. The policy is available and should be examined before this Commitment is used if there is any question about coverage. Only the policies shown are committed to. If there are any changes in the transaction, order an amendment from us. The date on this Commitment is important. Nothing after that date has been considered by us. This Commitment is good for 6 months only. Extensions should be ordered from us if they are needed. Form No. GI4LA Rev. 7-141 • --0 property or easements which allow persons to cross your property or to place utilities across your property. The premium also serves to finance certain legal costs which may arise if your title is challenged. Additionally, payment of the premium requires the title insurance company to indemnify you for any losses you suffer as a result of the title company's failure to fulfill its contractual obligations under your title policy. QUESTION: "WHAT IS A COMMITMENT FOR TITLE INSURANCE?" ANSWER: A Commitment for Title Insurance is a standardized preliminary document authorized by the Commissioner of Insurance indicating that a title insurance company will issue a title insurance policy to you after certain steps have been taken, such as the payment of an outstanding mortgage or lien and the issuance of a deed to you. These steps are set out in the commitment as -requirements" in Schedule B—Section 1. In Schedule B—Section 2 "Exceptions:' the commitment also summarizes certain existing limitations on the use of your property, the defects in your title and liens against your property. Your policy will not protect you against these matters. You will note that some of these limitations and defects may still exist even after all of the requirements of the commitment have been met. These other matters are usually such things as restrictive covenants or easements for utilities and the like. You should carefully read both the" requirements" and the exceptions to title stated in the commitment so that you may raise objections if there are matters affecting the title to which you did not agree when you signed the contract to purchase your property. Some of the "exceptions" are standard and will not normally be covered by your title policy. The first standard exception is any claim by parties in possession of the property which is not shown by the public records. This means, for example, that someone may have been living on the property for a long period of time and may claim that they own the property, even though they do not have a recorded deed; or may claim that they are somehow otherwise entitled to be on the property. The title insurance company could not learn of such a claim by examining the public real estate records. You should inspect the property to make sure that anyone living there will respect your ownership. Exception 2 of Schedule B similarly may mean that someone has used a portion of the property long enough to claim an easement, even though there is no instrument of record giving that person the authority to do so. Exception 3 of the standard commitment in essence says that the title insurance policy will not insure against problems concerning the exact boundary lines of the property you are purchasing, which means that you should make certain that there are no fences or other encroachments on your property, particularly if you do not have a survey. Again, a title insurance company cannot determine whether such problems exist on your property because employees of the title insurance company will not inspect the property unless they are specially requested and paid to do so. Exception 4 excludes liens which may be filed against your property by someone who may have done work on the property and who has not been paid. The title insurance company does not have any way of determining whether such claims may exist in the absence of some recorded document. You may wish to verify that no such unsatisfied claims exist. The fifth standard exception is for matters which may arise following the issuance of the commitment and before you complete your purchase. Many companies also exclude taxes and special assessments which may be imposed against your property which are not recorded in the public records, or the amount of which has not yet been determined. If you are purchasing a single family residence, you may wish to check to see if you are entitled to obtain endorsement Form No. 130 which removes several of the standard exceptions and will give you insurance for some of those matters. You will see that the commitment shows the amount of title insurance to be issued, together with the amount of the premium charge. Your seller should check with his broker and with the title insurance company issuing the commitment to make certain that he has paid the lowest premium to which he is entitled. For instance, if there has been a title insurance policy issued to your seller within the last two years, he may be entitled to receive some credit for the prior premium against the amount of premium which he will now pay. QUESTION: "WHAT IS THE POLICY OF TITLE INSURANCE?" ANSWER: The Policy of Title Insurance is a document which will be issued to you after your purchase transaction is concluded. It, too, is a standardized document, the printed portions of which have been approved by the Commissioner of Insurance. Schedule A of your policy will set forth, among other matters, the amount of insurance coverage, your name as the insured, your interest in the property, such as actual ownership or a leasehold interest, and the legal description of the property. Your title insurance policy, as any other insurance policy, has exceptions from coverage. These will be set forth in Schedule B of your policy and in the Schedule of Exclusions from Coverage. Matters which may limit coverage will be set forth in the "Conditions and Stipulations" section of the policy. In Schedule B of the policy, you will find those items against which the title insurance company does not, or cannot, insure. Many of these will be the same as the exceptions set out in Schedule B of the Title Commitment. The Schedule of Exclusions from Coverage excludes matters such as zoning ordinances which regulate how the property may be used, rights which may be possessed by a governmental body and which might be exercised against the property, and any defects of which you may be aware but have not informed the title insurance company. You may desire to investigate the status of these matters before you complete your purchase. Also excluded are defects or encumbrances which may be placed upon the property subsequent to the date of the policy. You should remember that a title policy is not a promise of indemnity against some defect or claim against your title which may be created in the future. It does protect you against loss or damage existing from defects in the title to real property existing prior to and as of the date of the policy even though they may not be discovered until some future date. The language concerning Conditions and Stipulations under which the title insurance company issues its policy contains an explanation of the terms of the policy, and also deals with how you should notify the title insurance company in the event you may believe that you may have a claim under the policy. If someone should assert that they have a right to use your property or that they own part of it, and you cannot find that right set forth in your policy as an exception or an exclusion, you must notify the title insurance company in writing of the situation. The address for this notification will normally appear in your policy. Prompt notification will enable you and the company to deal with the matter or problem that you raise, if it is covered by the policy, so that the dispute may be resolved in as timely a manner as possible. You should know that if the problem is covered by your title insurance policy, a title insurance company must usually bear the costs of litigation, either to defend your title in the event of an adverse claim against it, or sometimes to bring affirmative legal action to clear up the problem. In so doing, the title insurance company retains the right of settling the claim or pursuing the matter through the courts, if it believes that the rights asserted by a third party against your property are not legally justified. If the title insurance company takes the position that the matter which you raise is not covered by the terms of the title insurance policy, it must so notify you as soon as reasonably possible after you present your claim. QUESTION: "WHAT IF I STILL HAVE FURTHER QUESTIONS ABOUT THE COMMITMENT FOR TITLE INSURANCE OR POLICY OF TITLE INSURANCE?" ANSWER: You should certainly ask them of your attorney, the seller, the lender or the title insurance company. If you do not receive a satisfactory answer to your questions, you may contact the office of the Colorado Commissioner of Insurance, J. Richard Barnes, Commissioner, Department of Regulatory Agencies, 106 State Office Building, Denver, Colorado 80203. Form No. C-142.13 • STATE OF COLORADO R ICNARD D LA— G-1...R J RICHARD BARNES. C L U CCrr Hsio b 0l ROSERT L BROWN D«Ili♦ COMMISSION— Dear Real Estate Purchaser: DIVISION OF INSURANCE DEPARTMENT OF REGULATORY AGENCIES 106 STATE OFFICE BUILDING • 201 E. COLFAX AVE. DENVER. COLORADO 80203 may 1, 1977 Following this letter you will find a brief explanation of your title insurance commitment and policy. Title insurance companies are regulated by this Division, as are other types of insurance companies. This Division makes certain that com- panies issuing title insurance commitments and title insurance policies are financially sound, and that they operate in accordance with statutes and regulations. We also have a great interest in making certain that you, as the consumer, understand the purpose of title insurance and that you understand your rights under your insurance policy. In the event you are dissatisfied with responses given to your ques- tions or problems by your title insurance company, you are encouraged to send your questions concerning title insurance or any complaints that you may have against your title insurer to this office. We are on hand to make certain that all your rights and remedies, both under your policy and under law, are available to you at all times. Sincerely, CHARD BARNES, C.L.U. Commissioner of Insurance JRB:bi Asa purchaser of a home or other real estate you may receive a 'Commitment for Title Insurance" and a" Policy of Title Insurance:' Both of these documents, like many others in connection with your purchase, are contracts creating legal rights which you should read carefully and which you may wish to have examined and explained by a lawyer or other adviser. While the following description of these documents cannot change the precise terms of these documents, it is hoped that this will help you to understand their purpose and effect and answer some of your questions about them. QUESTION: "WHAT IS TITLE INSURANCE?" ANSWER: Basically, it is a contract with the title insurance company in which the company agrees to defend and indemnity you against losses which you may suffer because of unreported defects in the title to your property as of the date of the contract. It is not casualty insurance and, therefore, does not protect you against acts of theft or damage'to your home by fire, storm and the like. Essentially, the insurance insures that you have title to the property subject only to certain exceptions and exclusions listed in the Policy of Title Insurance. Title insurance recognizes the possibility of loss, but transfers the risk of loss from you as property owner to the company issuing the policy. For this reason title insurance companies are required to maintain reserves to cover losses. If you are financing your purchase, your lender will ordinarily require that you obtain a separate Lender's Policy to insure that your property will in fact serve as security for its loan. QUESTION: "WHAT DOES THE PREMIUM PAY FOR?" ANSWER: The one time, non -recurring premium pays for several things. It helps to pay for the, cost of collecting, maintaining, searching and examining real estate records and certain other public records which relate to your property so that the title insurance company can determine the insurability of your title. For example, the title insurance company will determine whether the public records show that your seller really owns the property, what mortgages or liens (a recorded legal claim) may exist, whether there are restrictive covenants on your CONTINUED ON REVERSE Continued from Back of Front Cover 5. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS The Company shall have the option to pay or otherwise settle for or in the name of an insured claimant any claim in- sured against or to terminate all liability and obligations of the Company hereunder by paying or tendering payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred up to the time of such payment or tender of payment, by the insured claim- ant and authorized by the Company. 6. DETERMINATION AND PAYMENT OF LOSS (a) The liabilitv of the Company under this policy shall in no case exceed the least of: (i) the actual loss of the insured claimant; or (ii) tKe amount of insurance in Schedule A. (b) The Company will pay, in addition to any loss insured against by this policy, all costs imposed upon an insured in liti- gation carried on by the Company for such insured, and all costs, attorneys' fees and expenses in litigation carried on by such insured with the written authorization of the Company. (c) When liability has been definitely fixed in accordance with the conditions of this policy, the loss or damage shall be payable within 30 days thereafter. 7. LIMITATION OF LIABILITY No claim shall arise or be maintained under this policy (a) if the Company, after having received notice of an alleged defect, lien or encumbrance insured against hereunder, by litigation or otherwise, removes such defect, lien or encum- brance or establishes the title, as insured, within a reasonable time after receipt of such notice; (b) in the event of litigation until there has been a final determination by a court of com- petent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as insured, as provided in paragraph 3 hereof; or (c) for liability voluntarily assumed by an insured in settling any claim or suit without prior written consent of the Company. B. REDUCTION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. No payment shall be made without producing this policy for endorsement of such payment unless the policy be lost or destroyed, in which case proof of such loss "or destruction shall be furnished to the satisfaction of the Company. 9. LIABILITY NONCUMULATIVE It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Com- pany may pay under policy insuring either (a) a mortgage shown or referred to in Schedule B hereof which is a lien on the estate or interest covered by this policy, or (b) a mortgage hereafter executed by an insured which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy. The Company shall have the option to apply to the pay- ment of any such mortgages any amount that otherwise would be payable hereunder to the insured owner of the estate or interest covered by this policy and the amount so paid shall be deemed a payment under this policy to said insured owner. 10. APPORTIONMENT If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is estab- lished affecting one or more of said parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each such parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement herein or by an endorsement attached hereto. 11. SUBROGATION UPON PAYMENT OR SETTLEMENT Whenever the Company shall have settled a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and reme- dies which such insured claimant would have had against any person or property in respect to such claim had this policy not been issued, and if requested by the Company, such insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect such right of subrogation and shall permit the Company to use the name of such insured claimant in any transaction or litigation involving such rights or remedies. If the payment does not cover the loss of such insured claimant, the Company shall be subrogated to such rights and remedies in the pro- portion which said payment bears to the amount of said loss. If loss should result from any act of such insured claimant, such act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against hereunder which shall exceed the amount, if any, lost to the Company by reason of the impairment of the right of subrogation. 12. LIABILITY LIMITED TO THIS POLICY This instrument together with all endorsements and other instruments, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. 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 covered hereby or any action asserting such claim, shall be restricted to the provisions and conditions and stipulations of this policy. No amendment of or endorsement to this policy can be made except by writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory, of the Company. 13. NOTICES, WHERE SENT All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to Transamerica Title Insurance Company, P. O. Box 605, Denver, Colorado 80201. SCHEISLE OF EXCLUSIONS FROM C&RAGE The following matters are expressly excluded from the coverage of this policy: 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) re- stricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordi- nance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subse- quent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claim- ant had paid value for the estate or interest insured by this policy. CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean (a) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Company may have against the named insured, those who succeed to the interest of such insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant": an insured claiming loss or dam- age hereunder. (c) "knowledge": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of any public records. (d) "land": the land described, specifically or by reference in Schedule A, and improvements affixed thereto which by law constitute real property; provided, however, the term "land" does not include any property beyond the lines of the area specifically described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (f) "public records": those records which by law impart constructive notice of matters relating to said land. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE The coverage of this policy shall continue in force as of Date of Policy in favor of an insured so long as such insured retains an estate or interest in the land, or holds an indebted- ness secured by a purchase money mortgage given by a pur- chaser from such insured, or so long as such insured shall have liability by reason of covenants of warranty made by such insured in any transfer or conveyance of such estate or interest; provided, however, this policy shall not continue in force in favor of any purchaser from such insured of either said estate or interest or the indebtedness secured by a pur- chase money mortgage given to such insured. 3. DEFENSE AND PROSECUTION OF ACTIONS — NOTICE OF CLAIM TO BE GIVEN BY AN INSURED CLAIMANT (a) The Company, at its own cost and without undue delay, shall provide for the defense of an insured in all litiga- tion consisting of actions or proceedings commenced against such insured, or a defense interposed against an insured in an action to enforce a contract for a sale of the estate or interest in said land. to the extent that such litigation is founded upon an alleged defect, lien, encumbrance, or other matter insured against by this policy. (b) The insured shall notify the Company promptly in writing (i) in case any action or proceeding is begun or de- fense is interposed as set forth in (a) above, (ii) in case knowl- edge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest, as insured, is rejected as un- marketable. If such prompt notice shall not be given to the Company, then as to such insured all liability of the Company shall cease and terminate in regard to the matter or matters for which such prompt notice is required; provided, however, that failure to notify shall in no case prejudice the rights of any such insured under this policy unless the Company shall be preiudiced by such failure and then only to the extent of such prejudice. (c) The Company shall have the right at its own cost to institute and without undue delay prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as insured, and the Company may take any appro- priate action under the terms of this policy, whether or not it shall be liable thereunder, 8nd shall not thereby concede liability or waive any provision of this policy. (d) Whenever the Company shall have brought any action or interposed a defense as required or permitted by the pro- visions of this policy, the Company may pursue any such litigation to final determination by a court of competent juris- diction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (e) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured hereunder shall secure to the Company the right to so prosecute or provide defense in such action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such insured for such purpose. Whenever requested by the Company, such insured shall give the Company all reasonable aid in any such action or proceeding, in effecting settlement, securing evidence, obtaining witnesses, or prosecuting or defending such action or proceeding, and the Company shall reimburse such insured for any expense so incurred. 4. NOTICE OF LOSS — LIMITATION OF ACTION In addition to the notices required under paragraph 3(b) of these' Conditions and Stipulations, a statement in writing of any loss or damage for which it is claimed the Company is liable under this policy shall be furnished to the Company within 90 days after such loss or damage shall have been de- termined and no right of action shall accrue to an insured claimant until 30 days after such statement shall have been furnished. Failure to furnish such statement of loss or damage shall terminate any liability of the Company under this policy as to such loss or damage. Continued on Front of Back Cover • .��.• FORM NO Policy of Tide Insurance Issued by Transamerica Title Insurance Company SUBJECT TO THE SCHEDULE. OF EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CON- TAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, TRANSAMERICA TITLE INSURANCE COMPANY, a California corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and coats, attorneys' fees and expenses which the Company -may become obligated to pay hereunder, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein; 2. Any defect in or lien or encumbrance on such title; 3. Lack of a right of access to and from the land; or 4. Unmarketability of such title. In Witness Whereof, Transamerica Title Insurance Company has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. Transamerica Title Insurance Company By a j f President By Secretary FORM NO. C-5000.1 FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY -FORM B- 1970 (AMENDED 10-17.70) SCHEDULE A Amount of Insurance S 123, 125. 00 Policy No. 7302626 Date of Policy December 30, 1983 Sbeet 1 of _.__ 4 10:07 A.M. 1. Name of Insured: CHARLES 0. BISHOP 2. The estate or interest in the land described herein and which is covered by this policy is: CHARLES 0. BISHOP in fee simple 3. The estate or interest referred to herein is at Date of Policy vested in: CHARLES 0. BISHOP FORM NO. C-6000-2 , FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION LOAN POLICY 1970 (AMENDED 10-17.70) FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY -FORM B-1970 (AMENDED 10-17-70) S C H E D U L E A —Continued The land referred to in this policy is situated in the State of Colorado, County of Pitkin , and is descril)ed as follows: Condominium Unit 1, ALPINE ACRES TOWNHOUSE CONDOMINIUM #4, according to the Condominium Map appearing inthe records of the County Clerk and Recorder of Pitkin County, in Plat Book 15 at Page 73, and as defined and described in the Condominium Declaration thereof recorded December 30, 1983 in Book 458 at Page 152. FORM NO. G-6000-3 4" FR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION LOAN POLICY 1970 (AMENDED 10-17.70) FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY -FORM B-1970 (AMENDED 10-17.70) SCHEDULE B PART I This Policy does not insure against loss or damage by reason of the following: 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 cor- rect 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. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer service, or for any other special taxing district. Taxes for the year .1982 paid according to tax certificate dated January 5, 1984. 6. Right of way for ditches and canals constructed by the authority of the United States, as reserved in the United States Patent recorded in Book 185 at Page 69. 7. Terms, conditions and provisions of that certain agreement for Annexation of Real Property into the City of Aspen, recorded February 9, 1977 in Book 324 at Page 657. 8. Terms, obligations, provisions and restrictions as contained in Statement of Exemption from the Definition of Subdivision recorded August 4, 1977 in Book 333 at Page 4. 9. Easement and right of way for the construction, improvement, operation and maintenance of a public road and underground facilities granted to the City of Aspen by Luke W. Anthony in the instrument recorded December 21, 1976 in Book 321 at Page 761. 10. The water right and structure (including all hardware, equipment, and appurtenances thereto), commonly known as the Anthony Well, as described in the ruling of the referee in water case No. W-333 in the District Court in and for Water Division No. 5, State of Colorado, entered on September 30, 1971, granted to the City of Aspen by Luke W. Anthony in the instrument recorded December 21, 1976 in Book 321 at Page 760. 11. Terms, agreements, provisions, conditions and obligations as contained in the Articles of Incorporation of Alpine Acres Subdivision Property Owners Association Company, recorded May 19, 1977 in Book 328 at Page 990. 12. Terms, agreements, provisions, conditions and obligations as contained in City Counsel of Aspen minutes, March 14TH, and March 28TH, recorded December 30, 1977 in Book 341 at Page 446. 13. Protective Covenants, restrictions, reservations and obligations which do not contain a forfeiture or reverter clause, as contained in Declaration of Covenants, restrictions, easements, charges and liens dated April 26, 1977, recorded April 26, 1977 in Book 327 at Page 446. L FORM NO. C-6000-3C FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION LOAN POLICY 1970 (AMENDED 10-17-70) FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY -FORM B-1970 (AMENDED 10-17-70) S C H E D U L E B—Continued 14. Terms, conditions, provisions and obligations as contained in the Condominium Declaration for Alpine Acres Townhouse Condominium, #4, recorded December 30, 1983 in Book 458 at Page 152 15. Terms, conditions, provisions and obligations as set forth in the Article of Incorporation of Alpine Acres Townhouse Condominiums, #4, recorded in Book at Page 16. Agreements creating covenants running with the land recorded December 30, 1983 in Book 458 at Page 149. 17. Deed of Trust from Charles O. Bishop to the Public Trustee of the County of Pitkin for the use of Aspen Savings ana Loan Association to secure $108,000.00 dated December 29, 1983 recorded December 30, 1983 in Book 458 at Page 174 Adjustable Rate Rider in connection with the above Deed of Trust recorded December 30, 1983 in Book 458 at Page 176 and Condominium Rider in connection with the above Deed of Trust recorded December 30, 1983 in Book 458 at Page 181. O 0 ,W �� ■ e^ o mn O//i O \/u O �mm� mAc00P.p �mpOrPN N m2ONnr, OOoIE OMf 0V�mtO`o •(LjL�`��_/ UVLO• Q0mOO� Q` mo�OOn� Na�OM�^ o Y ••bOmYM OM`O =•O Vp m. p Wp <O u. 6F.P.dO; C 4E a V;P=h OE0 _0 00Y Vv- p J .oV •Is • o 3y�mtr_6� . V^YY o o` NNM nN`4 oo oY•pO W�O M Z ao o(N.MMWnnV >>>=�ooO� �<OE m=0 MNrOvmO�^ — as-_ O 02C O2 w0 p N o r 0 0 ^ E U H fA 0 v o 3 Cj o °c N N Z W Q s ca Cc 0 I I � C cz Q- i C � ` a o E cc I .� = H E CZ U C 9 M.92 a� U) C: Co�— p O O /�� ii m c Om WLL T�IC C' mo o� e O OC o0 nOu o O♦V♦ Q oco d U�mo cn am Omo Up'n 0'� O mr�� O tnL� O "co �� /\ LL oqc CJ EoQ ��M U� 41 amcoi d v�'n mcm 0a�rn W Qa� m^m u>2. V �C••• //C••��� O= iOm "�O '— QNO .-acO. `o L(CO� oo�cc? LV v jmcv UU,• m_ioca mO oU0- O Zp. CD W O 4O mmOG m:M.O eZcaOmrii 0, O CV c C ^ Omc_ Ou10 O o ip W Ol �=o U?�^ • YQ aam Mgo m i' m ° QC <lc m. 7mc�3Lcm9_0N�.?_ `y •I� (n V � � y x N 1 I i ,4/41/v OF- -6.L00� / 401QES S09DIXISIOAl 7/;?, f, Awwv ,eIVOW r4LL A4-,c-A.1 the 1he S1 S_4-X4r 57ee- It�a5 laid oel", w "- v ' m m m ,N m =co rn 0 o EDGE MATCH TO SHEET N A9a'OOOK-16 �0 0 O �9j0 x 8051.7 x 7980.4 x7987.6 \ Y. \ \ x 805 ° 80,- x805, \ \ x \ -8053.8 �J � 80g0 J 8030 N A97'?50 / \ 7960 x \\ >gSp \ 8p2p 80/ p 1111➢9 7935.3 60 /�� I - \ 7954.5 x7992\ N A9 8,p00 f , \ 7954.8 x (C/ 1\ I I • i r \ x 7953.6x \ \ x7961.8 1 \ CID x7963.9� 980 \ \ \ r _ x 7943.0 �f-' r---� J i i i i 7955.4 • O x 7943.4 \ \ m I F-�, '� i \ I 7974.4x r N (�x�, 7935.1 1 I7977. i C -IL /_, _ i ' x7955.6 I �l S � - j x'�7\ \ 1 ` N 4 g 7,5p0 x7930.9 I i � I-' �' � rl � l l �� � � \ \\ 797p �O x7956.9 7965.4X\ � I I \ / x7929.3 x� 750 / \ a �� / `l l > \ \ J l r ) Jr _ 40 x 968.9 7978.7 x7976.8 x7956.5 r7 x7956.8V 7926.9i x7966.5 xx � 797979 72 \ -j x7 0�\/ / ��/ l r_,% �/ r 1rti���l h , 5 x 9 \ Tank \ LO 7953.7x 7X x7954.6 x7954.2� f/�} w 7927.2 ��J x ll =''�� l l �Jl� x7949.2 7 \ \ l ��1� l 7 ->\ I J m 7,�50 N 49 Ld _ l_ 7939.2 x 37.0 x �x x J/ `{ l xY`J>r 1 1 i t l l l •V l I I '_ �- - 3 p m k l L f _! _ __ \25.2 \ ! ' //+., // � ^\ � `'J r / l � J l ' i Q '� r� I -� - - - -- --_- -- -' I r„lr O Q / l `J i �i r �O�/ L C l x _I i x x \/ r-- % l r� l �'� x x7954.1 n o a7920.9 Q\ Lk r ! 03 x 0 N g97 5� / ) x7921.0 �_ ! �J / r �� x7929.0 1 / ,Jl / r_ \ x7954.5 7955.2x o v w 7922.8 �� CJ :/ �.i " +�, 7 / f_� I - �� t / p 7926.E \\ / • I y�v \II g7 / _ x7943.5 I 923.2 \ �C Ji 7f J i % x7931.0-- x x D I 30J x7954./ x , -` x7943.7 7922.7 �7928.4 \ x7923.4 \ x \\`\ / �� x79v3.5 7951.8 7951.8 x - �930.9 / \ 7925.4 �� \ CAP 10 794 .87 m O 00 N 49?'O � 795X/6.8�8002. x 7928.1 I -. - L22 -�I / U 250 GIgSVN �\ X7948.5\ N q9? x7954.2\ 7g3px�3.0 x7933.2 �- x7955.6 7953.1 � �960 N �e Tank x7937.1 9 X7924.5 x7926.5 \ �x\ x < 7935.2\\ O x� 931.3 \ x m cn ,0 ©7932.1 x / \ x x 1 _ ✓ / x 7959.3x `! / 750 49G 7927❑ 7931.0U x \/ N \ o-_ I ri Q I 7937.4 x I 7924.8x� 926.7 F(l NG J / 1 50 25 0 50 100 ,97,p00 x 79 3.3x x7925.9 I I /, • S 7 R E E T x7921.5 x l I I /'" / 7953.3x i � o eo CONTOUR INTERVAL 2 FEET m 7921.4 x C914.8 \ X 1 x I x79577 Np AenGI Survey CO. C89 �x7922.8 x � L 7891.7x \ x7913.8 ' x79379 3 � \ N %Soen 00per �\ 5x Cly of r- TUCSON, ARIZONA COMPILED BY m 7501 EDGE MATCH TO SHEET I-16 m .N N N qg6' N N m N ASPEN, C O L O R A D O STEREOPHOTOGRAMMETRIC METHODS PHOTOGRAPHY DATE 10-27-79 °' ° ls, 0 0 0 o O C.A.S. CONTRACT NO. 801222 O J-16 SHEET 856-22 0