HomeMy WebLinkAboutcoa.lu.ec.Dunn/Bishop Alpine Acres 1987
CASELOAD SUMMARY SHEET
City of Aspen
,;J 737- 071- d.-/ -1101
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Dl'.TE RECEIVED: /;/;d/8b'
>DATE RECEIVED COMPLETE: Idl'\l~l'
~SE NO.
STAFF:
Lf6/7-s>tl
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PROJECT NAME: 7)unn /7?/shOD i::of 0;0/;/ S)"~'Vb""t:\('-<-t'J,;..,^
?PLICANT: Jtse /) -I ' 'h r eo; /3/sho
Applicant Address/Phone: 0 I'S 9'olS' s: . (StJ ~.s
REPRES ENTA'l'IV E:
Representative Address/Phone:
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Type of Application:
1. GMP/Subdiv ision/PUD
1. Conceptual Submission
2. Preliminary Plat
3. Final Plat
20
12
6
$2,730.00
1,640.00
820'.00
II. Subdivision/PUD
L Con-ceptua1 Submi ssion
2. Preliminary Plat
3 . Final PI at
14 '$1,900.00
9 1,220.00
6 820.00
11 $1,490.00
5 $ 680 .00
III . All "TWo Step" A ppl i ca t ion s
IV. All 110ne Step" Appl ications V
V. Referral Fees - Env ironmental
Heal t h, Housing Office
1. Minor Appl ications
2
$
50.00
2. Maj or Applica tions
Referral Fees-
Engineering
Minor ApplicQtions ~
Major Applications
5
$ 125.00
80.00
200.00
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P&Z @ MEETING D!\TE: ~ ;;L~ , PU!lLIC-il~ING: YES QV
DATE REFERRED: Alu .1(:lq.v,C INITIALS: (rEG
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REFERRALS:
/' Ci ty Atty Aspen Consolo S. D. School District
~ City Engineer Mtn. !lell Rocky Mtn. Nat. Gas
Hous i ng Di r . Par ks Dept. _ State Hwy Dept (Glenwd)
Aspen ~iater Holy Cross Electric Statellwy Dept (Gr.Jtn)
City Electric Fire Marshall Bldg: Zoningjlnspectn
Envir. 1I1th. Fire Chief Other:
Roaring Fork Transit Roaring Fork Energy Center
( ~~=~~=;~~;~~~7================~~;~==~~;~~7=~~8=~B~~=;;~~Z7~tc=~
City Atty
_ City Engi neer
!luil di ng Dept.
Other:
Oth er:
J;"TT.r:' <:::Tl'I.TT1~ 1I..Mn rn.r-1It'flTAU_
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CASE DISPOSITION:
nUnh / f3 1I11'f
Aspen Pc.Z
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Revi,"lved by:
Ci ty CO\!tf.cil
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JOHN THOMAS KELLY
AT'!'()J..'NKY AT I.AW
117 SOIT,!," SI"..'IN{. STh'EI<:T
ASPEN, (~OI,()H^f)O HUH 1
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June 8, 1987
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Mr. steve Burstein
Planning Department
City of Aspen
130 South Galena
Aspen, CO 81611
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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:
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Lot 1, Alpine Acres. Unit 1 - Barbara and Joe Tarbet
(Alpine Acres Condominiums #1) Unit 2 - Peter wirth
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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
(Alpine Acres Condominiums
Unit
1 -
#5)
2 -
Michael F. & Christine P.
Hass
william G. and Shirley H.
Peterson
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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 Alpin'
Surveys;
3. Condominium Map for
4. Condominium Map for
5. Condominium Map for
6. Condominium Map for
Alpine Acres
Racquet club
Alpine Acres
Alpine Acres
Condominium #1;
Condominiums;
Condominium #4;
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 pos~ession accurate surveys of all the rr~perty
in the form of the City approved licensed surveyor u"; 'ified
condominium Maps.
3. The envelopes are enclosed.
4. The information you request is as follows:
(a)
Size:
Lot 1 19,116 square feet, + ~ '7
-
Lot 2 - 15,890 square feet, +
-
Lot 3 - 15,890 square feet, +
-
Lot 4 - 15,890 square feet, +
Lot 5 - 16,425 square feet, +
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steve Burstein
June 8, 1987
page 3
(b)
(c)
(d)
Square footage existing units
Lot 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;
Lot 5, Unit 1 - 800; unit 2 - 1075. ;;
Permitted FAR under current zoning (R-15) ~~
Lot 1 , Unit 1 - 2583 sq. ft.; Unit 2 - 2583 sq. ft.1.
Lot 2, Unit 1 2486 " " Unit 2 2486 .. "
Lot 3 , Unit 1 2486 .. " Unit 2 2486 " ..
Lot 4, Unit 1 2486 " " Unit 2 2486 " ..
Lot 5, Unit 1 2503 .. " Unit 2 2503 .. ..
Permitted FAR under proposed zoning (R-6)
Lot 1 , Unit 1 - 4118 sq. ft.; Unit 2 - 4118 sq. ft.
Lot 2, Unit 1 3795 " .. Unit 2 3795 " ..
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.
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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
con ain the Racquet club Condominiums and the expansion of
Jth se condominiums is so remote as to be of little concern to
.f e City. These units slightly exceed the FAR restriction,
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.D.D.
;,: overlay was discussed, at the time the Council apparently
thought it unnecessary since they did not enact P.D.D. zoning.
.lIn any event, we do not think P.D.D. is necessary or
,f'\Iappropriate in this case.
~ 7. The comments regarding historic designation are in
.J error. It had been my impression that they had incurred
~" higher rankings. My clients are not requesting designation at
~" ~~ ::me.ye". A" we di"cu""ed, the lot "plit api"icatio"
~~~ ~revi~usly filed would proceed simultaneously with the
r rezonlng.
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 st~t~~t. ._,)~
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The second major planning concern is size. Initially, I ~~
would like to point out that none of th:; owners of the
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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
wners have agreed that they would be willing to have a
1/;, oluntary external FAR restriction of 2.500 square feet per
welling unit. This could be written into the zoning
1 ordinance and could also be placed of record as a private
~.if covenant running with the land, should counsel so desire.
iJ I would appreciate 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.
Very
JTKjog
Enclosures
cc: Chip Bishop
Joe Dunn
Brent Waldron
John Thomas Kelly
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ASpSil, Color"ado 8j.61j,
F<c?~, .ot 4~ BIDCk 1 ~ 111 Plflt:. (':lr:t-'f':'':;:;
SlAbdivision, Conc:iomini,Ufn
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We ~12reby requesit an exception from the subdivision requirements in
accordance with Section 20--19 of the code and reqlA2st that city cOllnl:il
grant ttle following Sllbdivisi(Jflu
We cllrrently own A1rJj,ne Al.res L_ot 4, a dup12x IClt 20fled R-6, 2fld
corlcjominillmized into two Llnits. We r-equest permissicJn to split tt12
duple>: lot into two sirlgle family lot......
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condonlifliumazation was approved by City Council on March
j,977~ Statement tllerj Book "~'~', page 04u (Copy attached)
mirlLltes filed Book 341~ page 449. (Copies attached).
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Charles 0. Bishop
950 Matchless Drive
en, Colorado 8J.611
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940 Matchless Drive
Aspen, Colorado 8j,611
We acc~uired the propertr December
the origirlal c1eveloper.
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victorian houses (Circa 1890) which were moved teJ this locatiofl
from thej.r origj.rlal Aspen l.ocatj,ons in approxinlately 1964.
lJnit #1. a[Jproximately 900 squar'e feet, unit 2 approximately
1001) sCll.lars 'feet,. The two t,ouses are curr-ently not prlyslcally
cCJnnected and thus are n(Jn--conforming as a dup].e~(.
h..::2.t ~::.i.QJ), .t:.:. .....i:'::.!pprova.l 0+ th(~ chang(~ i r-l +ol....m of
subcjivj.~;iDn from duplc}( CIJfldominiunls to single family lete
wou],d free IJS; .from the cJ!Jplex r-equirements cl,lrrently c:ausing our
homes to be non-corlfoy'ming dtld reql,iiring the connection of the
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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 arctlitecture.
fa.sts
Current zorling, R-6.
Lot size -15,925 square feet.
Location -L_ot 4. block 1, Alpine Acres Subdivision.
940 & 950 Matchless Drive, Aspen. Colorado.
Current Use -Two single fainily dwellings.
~'rDp(JSe(j Use -Two single family dwellings.
lot size after split -Appr-oximately 7,962 for each lot.
The line dividing the lots will approximate the line
shown on the cLlrrent platas, the division between
limited COnlmQn areas. Our" intent is for the lots
to be appro>:imately equal size.
The granting of this request would simply be a change in the form
of Sllbdivision from sinqle family condo/niniums 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
rlossibility of any additional unjts.
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C;hc.olTles O.
aoseph Dunn
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Lucy Dunn
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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 Acco~odations and Recreation
PROPOSED USE: Apartments and multiple family dwellings
PLANS FOR Trill 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 frumily 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 'vith 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 recomrnended initial implementation
step. To create adequate sites, a minimum of five acres
each for primary schools, '.-Jhich are integrated with
neighborhood des ign, the approp:date timing would be
during pre limi:lary planning 0 f precise subdi vis ion pat terns.
At this stage, thee developer coulci work with the school
district to select a site with convenient circulation
access and related to dedicaU;d open space and trails
in the vicinity. This procedure would link the provision
of school facilities with development progress in the
urbanizing portion:, of the 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.
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Page 3
Rezoning Application:
September 12, 1972
Alpine Acres Subdivision
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.
ANTI-IONY QEZONING APPL/CATlO/\/
PR~SENT Uf::JE MAP
12-15 VAQIANGE-
(f;:>mu.99'er Trai/e.- fbrk)
12-/5 VARIANCE.
0rruggleY' i4xquet Club)
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MAY 2 0 1987 @
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MEMORANDUM
DATE: May 19, 1987
TO: ALAN RICHMAN,
STEVE BURNSTEIN, PLANNING DEPARTMENT
FR: FRED GANNETT, ATTORNEY'S OFFICE
RE: SECTION 24-2.2 eCl OF THE ASPEN MUNICIPAL CODE
---------------------------------------------------------------
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After reviewing section 24-2.2 eCl 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 1970's. 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 can' 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.
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MEMORANDUM
TO:
Aspen City Council
THRU:
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Robert S. Anderson, Jr. ~
steve Burstein, Planning Office~
FROM:
RE:
zoning Map Correction of Alpine Acres Zoning
DATE:
May 20, 1987
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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:
1987)."
"Move to approve Resolution (Series of
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CERTIFICATE OF MAILING
I, hereby certity that on this did 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 ap 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.
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MEMORANDUM
TO:
Aspen City Council
FROM:
Robert S. Anderson, Jr., City Manager
Steve Burstein, Planning Office ADZ
Bishop/Dunn Subdivision Exception
January 7, 1987
THRU:
RE:
DATE:
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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.
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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.
51 C. Welton Anderson
Chairman, Aspen Planning
and Zoning commission
----------------------------------------------------------------
----------------------------------------------------------------
Published in the Aspen Times on July 2, 1987.
City of Aspen Account.
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RECORD OF PROCEEDINGS 100 Leaves
'O!I"IO e.'.1I0[Cl((ll,e.ollL.Cll.
ORDINANCE NO. 69
(Series of 1976)
AN'ORDINANCE ZONING BLOCK 1 OF THE ALPINE ACRES
SUBDIVISION TO R-15, ,'lHICH Ll\ND HAS RECENTLY
BEEN ANNEXED TO THE CITY OF ASPEN PURSUAi'<T TO
ORDINl\NCE NO. 33, SERIES OF 1976, AND THE
COLORADO MUNICIPl\L ANNEXATION ACT
WHEREAS, the City Council has recently annexed Block 1
of l\lpine 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:
Section 1
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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.
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100 Leaves
,0Il1f" c.,. HQ~CK[l I. I. a 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 '
within the area be limited to a maximum external
FAR of 1,600 square feet, per unit; or comply
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with any applicable FAR regulation effective
at the time of permit issuance, whichever is
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more restrictive;
(b)
that no residential units constructed on the
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unimproved tracts within the annexed area be
f)r leased for any period of less than six (6)
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tJ ,) Il>1f successive months; or, in the alternative
be leased not more than twice for short term
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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~~~~luded 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.
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Section 4
That a public hearing be held on this ordinance on
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RECORD OF PROCEEDINGS
100 Leaves
'ORIII,. c... Hor.c~n, t. n.. l. co.
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A/l;~
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, 1976, at 5:00 P.II. in the City
Council Chambers, City Hall, Aspen, Colorado, fifteen (15) days
prior to which hearing notice of the same shall be published
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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 ~~ day
of ~
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ATTEST:
tandley III
1-
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K~~a~~r ~
City Clerk
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FINALLY adopted, passed and approved on the __~
day of
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Stacy '.''tandley III
Mayor l
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ATTEST:
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Kathryn S Hauter
City C1e
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RECORD OF PROCEEDINGS
1 00 Leuves
'01111" C. t, HOECM[L .. .. . L. ~(l.
STATE OF COLORADO
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CERTIFICATE
COUNTY OF PITKIN
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 on ~o?c1 ,197 1>, 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 ~ ~5' , 197Ji, and was finally adopted
and approved at a regular meeting of the City Council on
Jr.J.P~ 1-5 ,197~, and ordered published as
Ordinance No.
~I
, 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 / () 9L-I-t
~ ~.
day of , 197.;2-.
~-4-~
Kathryn S. Hauter, City Clerk
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Aspen city Council
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November 8, 1976
~-=-""~~--- .
~NIMUM STREAM FLOW
~'ty Attorney Stuller told Council that the Colorado Water Conservation Board is making
Clplications for minimum stream flows that affect the City's water rights. John Musick
~p m~king two ~equests. (1) Whether the City is interested in participating in all the
~~~es to protect the City's rights and (2) Whether the City wants to give Musick the
c~~hority to engage in loans to the CWCB to allow them to use the City1s unused water
'f J,U~htS. Ms. Stuller stated she would like to do this only if the city can assert
rtnimum stream rights ourselves by next spring. Mayor Standley stated he would like a
.ust estimate on involvement in cases ~hat are directly adjacent to the City's water rights.
~~. stuller,pointed out that t~e ~ssignment of wate: rights is good f~r the city~ ~t will'
ruvide min~rnum stream flows w~th~n. the area, and w~ll preserve the c~ty's benef~c~al
~se rights.
councilwoman Pedersen mo~ed to ratify the agreement between the City of Aspen and the
Colorado Water Conservat~on Board; se conded by Councilman Parry. All in favor, motion
carried.
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WSOR'S DEEDS
1. Baltizar. Leonard Oates told Council this parcel of property abuts the townsite line
4nd laps into the East Aspen townsite. The property was purchased by Baltizar a long
time ago; there was an error in the spelling of the last name of the grantee. The owners
4l1ways believed they were joint tenants, but had tenancy in common. These deeds are
.V 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.
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2. Waddington.
Councilwoman Pedersen moved to approve the Mayor's Deed to Waddington, and to authorize
Hdyor Standley to sign it; seconded by Councilwoman Johnston. All in favor, motion
carried.
ORDINANCE #69, SERIES OF 1976 - Rezoning Alpine Acres
"
Councilman De Gregorio moved to add Creative Mountain Development to the agenda; seconded
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-l5 :'
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
intends to build duplex structures upon the other two lots, which will completely build
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-l5
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
~7ainst PUD zoning because the PUD was designed for sites that have unique topographic
probl~ms. 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
to install $10,000 worth of landscaping.
City Attorney Stuller told Council that a PUD allows the City to look at the slope, the
Hoil 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.
Councilman De Gregorio moved to read Ordinance #69, Series of 1976; seconded
Woman Pedersen. All in favor, with the exception of Councilmembers Johnston
Motion carried.
by Council-
and Behrendt.
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ORDINANCE # 6 9
(Series of 1976)
AN ORDINANCE ZONING BLOCK 1 OF THE ALPINE ACRES SUBDIVISION TO R-1S, WHICH
LAND HAS RECENTLY BEEN ANNEXED TO THE CITY OF ASPEN PURSUANT TO ORDINANCE
NO. 33, SERIES OF 1976, AND THE COLO~DO 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.
~dYOr Standley said he would rather not see this ordinance get to a public hearing, but
~o defeat it and recommend that the subdivision be brought in as a mandatory PUD. The.
h~~ue of a PUD is the discussions and concessions. Councilwoman Johnston stated she
th~' problems with anything leading to growth. There is already a traffic problem in
15 area.
Roll call vote; Councilmembers Behrendt,
~'lu; Pedersen, aye; Mayor Standley, nay.
nay; De Gregorio, aye; Johnston, nay~ parry,
Motion NOT carried.
iouncilman Behrendt moved to recommend this be redrafted as R-15 PUD; motion dies for
dck of a second.
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'3112
,
Regular Meeting
Aspen City Council
N~vernber 8, 1976
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city Attorney Stuller told Council this arnexation was condition upon obtaining R-15
zoning. The applicant may withdraw the annexation.
councilwoman Pedersen moved to table Ordinance #69, Series of 1976; seconded by Council_
man De Gregorio. All in favor,~ 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 SUbdivisio '
exemption. Nick Coates told Council that through a misunderstanding, the units Were n ChI'
built; the subdivision fee was paid; Coates assumed that was the subdivision exemption. ;~'"
Coates stated this had been through P & Z and had received their approval. !f*..
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Tom Marshall, resident on Riverside Drive, submitted a petition for the record with the I
signatures of 28 property owners or residents in the area who are opposed, not to the I
condominium, but to the fact that it will be short term rental. The concern of the I'
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 11
and R-lS zone districts a year ago. This is one area that hasn't yet changed from
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 I
not .have the mechanics to enforce rental restrictions. Councilwoman Johnston stated thatl
any steps to preserve a residential area is very much to her liking.
Councilman Behrendt withdrew his motion to approve. I
Councilwoman Johnston moved to table this item; seconded by Councilwoman Pedersen.
All in favor, with the exception of Councilman De Gregorio. ,
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Councilman De Gregorio moved to read Ordinance #70, Series of 1976; seconded by Council- I
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woman Pedersen. All in favor, motion carried.
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Councilman Behrendt moved to approve the exemption; seconded by Councilman Parry.
ORDINANCE #70, SERIES OF 1976 - Rezoning Trueman Property
Bill Kane told Council the major item of this is
2 for the post office. This will rezone 8 acres
the planning office was suggesting proceeding on
a deferral of any consideration of lot
specially planned area. Kane stated
this development in individual parts.
ORDINANCE no
(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.
carried.
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Motlon I
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Councilwoman Johnston moved to read Ordinance #71, Series of 1976; seconded by Council- t0r~,
man Behrendt. All in favor, motion carried. I a.j....
: ~,:
ORDINANCE #71, SERIES OF 1976 - Repealing Section 22-14
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, Series of 1976, on first reading:
second~d by Councilwoman Johnston. Roll call vote; Councilmernbers Behrendt, aye; parrY'd
aye; De Gregorio, aye; Johnston, aye; Pedersen, aye; Mayor Standley, aye. Motion carrie ,.
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ORDINANCE #72, SERIES OF 1976 ~ Prohibiting dogs~in Mall area
Councilwoman Pedersen moved to read Ordinance #72, Series of 1976; seconded by
Behrendt. All in favor, motion carried.
councilmA~ N-";
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ORDINANCE #72
{Series of 19761
AN ORDINANCE AMENDING THE DOG CONTROL CODE OF THE CITY OF ASPEN B1 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 j\ PENALTY ASSESSMENT THEREFORE IN THE AMOUNT
OF TWENTY DOLLARS was read by the city clerk.
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Councilwoman Pedersen moved to adopt Ordinance #72, Series of 1976, on first reading'
seconded by Councilwoman Johnston.
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Councilman Behrendt suggested that City Attorney Stuller write up an Ordinance expandin
the non-tying up law and put a penalty assessment on cleaning up after your dog. Mayorg
ptandley 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 oog 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 corne 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 negoti~ingfor places to dump snow, and asked that this be tabled.
Cpuncilman 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,
met with the home owners in this area and went over the project. A spokesman for the
homeowners told Coates they would like to see the property zoned R-IS mandatory PUD
and leave it up to P & Z and Council to determine how the project should be planned.
Oates stated he would like a pUblic hearing set for the zoning of this property to R-l5.
Councilman Parry moved to read Ordinance #69, Series of 1976; seconded by Councilman
Behrendt. All in favor, motion carried.
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, 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.
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 Johnston moved to adopt Ordinance #73, Series of 1976, on first
seconded by Councilman Parry'. Roll call vote; Councilmembers Behrendt, aye;
aye; Johnston, aye; Parry, aye; Pedersen, aye; Wishart, aye; Mayor Standley,
Motion Carried.
reading;
De Gregorio'l
aye.
ORDINANCE #74, SERIES OF 1976 - Impoundment of Cats
Councilman De Gregorio moved to read Ordinance #74, Series of 1976; seconded by council-
man Behrendt. All in favor, motion carried.
ORDINANCE -#7 4
(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 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. l
Councilman Behrendt moved to adopt Ordinance #74, Series of 1976, on first reading; I
seconded by Councilwoman Johnston. Roll call vote; Councilmembers Wishart, aye: dl('l~:,
Behrendt, aye: De Gregorio, aye; Pedersen, nay: Johnston, aye: Parry, aye; Mayor Stan
nay. Motion carried.
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21;30
Regular Meeting
Aspen City Council
December 13, 1976
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.
~ayor Stan?ley 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, Hayor 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.
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Councilwoman Pedersen moved to read Ordinance #73, Series of 1976; seconded by
Parry. All in favor, motion carried.
:Ord, '
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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
carried.
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.
ORDINANCE # 74
(Series of 1976)
AN ORDINANCE AMENDING THE MUNICIPAL CODE BY THE ADDITION OF SECTION 5-7
THERETO AUTHORIZING THE U1POUNDMENT OF CATS WHICH ARE ABANDONED OR WHICH
CONSTITUTE A NUISANCE; FURTHER AUTHORIZING THEIR DESTRUCTION IF NOT
CLAIMED WITHIN FIV~ DAYS, AND IMPOSING AN IMPOUND FEE OF $3.00 PER DAY
FOR EACH DAY HELD PURSUANT HERETO was ~ead 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.
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Goodheim told Counri",l that New Jersey
to find comparable'...,..2ntal housing for
has legislation that could
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people "..,placed.
reauirE'
Barry Edwards told Council that his firm has submitted data illustrating 1
every duplex or multi-family unit has been, bought by local people. Edwar(
that one cannot get a sales contract or price certain until they get exemj
condominiumization done.
Councilwoman Johnston st~ted she had no problem with condominiumization 0:
would insist upon six month rental provisions. Councilwoman Pedersen ask,
happen to the rental pool of duplexes for the summer people. These are v:
artistic events that take place in town.
Councilwoman Johnston moved that the Council adopt a policy of condominiul
duplexes with the City's six month rental restrictions on both sides of ti
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 performanc1
it, is the Council walking into a trap whereby anybody who meets these COI
to be granted an exemption, even though the Council may find some other s,
City Attorney Nuttall answered no, these are just general guidelines. Cou:
with Barry Edwards, Leonard Oates, Bob George and John Doremus the wordin,
condition; whether it should be notice and non-assignable option to ten an
of the time period and notice. Mayor Standley stated that this condition
when it goes through condominiumization; it is a one time shot.
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 Councilmerobers Behrendt and Pedersen. Motion carried.
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City Manager Mahoney pointed out that this policy limits the use of priva
therefore, would require an ordinance. Mayor Standley read from the Char
Ms. Nuttall if this did limit the use of private property. Ms. Nuttall a
Council was only imposing guidelines. 11ayor Standley asked if this were
form, would the Council then be hidebound. Ms. Nuttall answered yes. ,'1a
stated he would take under advisement l1ahoney's comment and Ms. Nuttall's
and go ahead as chair and allow Council to act on these requests given th
established by motion.
SUIlDIVISION EXE~1PTION - 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
$~,716.94 park dedication fee and the two other conditions.
Councilman Behrendt moved to approve the subdivision exemption with the c
seconded by Councilman \~ishart. All in favor, motion carried.
SUBDIVISION EXEMPTION - Doremus
Hal Clark told Council that this is unique in that it is a request to cor
a building that does not exist. Clark stated it is the recommendation of
office for approval based on the policy statement and payment of the par~
at the time the building permit ,is issued.
Councilman Behrendt moved to approve this subject to Council's program aT
park dedication fee at time of building permit issuance.
Councilwoman Pedersen stated she cannot see condominiumizing something tt
Doremus explained to Council that this is merely a matter of financing.
Johnston pointed out there is no tenant to give right of first refusal t(
All in favor, with the exception of Councilwoman Pedersen. Motion carriE
SUBDIVISION EXEMPTION - Interwest
Clark told Council this was another request to condominiumize a building
exist. It is located on Snowbunny. The planning office recommends apprc
statement and payment of )ark dedication fee upon buildina permit issuanc
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ltion to Approve
orup Homes for
he Aged
'.lpine Acres--
Rezoning Request
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Plannin1 and zoning comn1ission
10-19-76
The planning Office recommended approval of the
conditional use
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collins closed the public hearing.
/'
Hunt moved to approve the conditional use expansion
notinq the comments of the planning Ojfice. The
addition is an improvement to the existing building
and operation and does nOD constitute a"significantlY
increased impact on the surrounding neighborhood
Kienast seconded. All in favor, motion carried.
l.
Group Homes for the Aged
Hedstrom moved to set a hearing date of November 16,
1976 to consider an amendment to the zoning code to
include group homes for the aged. Kienast seconded.
All in favor, motion carried.
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Alpine Acres--Rezoning Request
Clark introduced the request and told the P&Z the prop-
erty has been annexed by the city, and the P&Z was
being asked to change the zoning to R15.
collins opened tnepublic hearing.
Clark pointed out that the annexation, should it
be zoned R 15 would allow additional density than
is currently allowed in the county R 15 zone. The
existing stream, running through Lot 2, is not a nat-
ural one, and was created from excavations. The prop-
erty is very flat, and presents an intrusion on the
various multi-family projects in e~istence. Lenny
Oates was representing the applicant.
The concerns of the Planning Office include the dis-
ruption of the view plane corrid~r and the destruction
of the stream. If these were resolved, the planning
Office recommends approval.
Lenny Oates stated that Nick Coates has a contract
to purchase Lots 2 and 3 within the subdivision, and
has no objection to a stream margin review process.
Oates stated that he had reservations about the opposi-
tion of Park Circle residents. Oates felt that be-
cause he was complying with the setback rEqu'irements,
the positioning of the building is a matter of choice.
Part of the improvements include undergrounding the
utility wires, and adding ten thousand dollars worth
of landscaping.
Richard cummins, a resident at Park Circle, said
that he was requesting that Alpine Acres submit to
PUD planning process.
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Jeff Bostley stated that he agreed with the Planning
Office' recommendations in that this was high density
development. He expressed concern about the stream
flowing through the property. He said he v,ould like
to see a stream margin review take place as a provision
for granting the rezoning.
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acceptable to the applicants.
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Planning and Zoning
November 2,1976
Collins remarked that he would like the zoning to
be oth~r than CC. He pcinted' out the P&Z and
Gilmorr are not far apart in treo ry, but the impact
of the; added rooms and cOITmercial space would out-
weigh !the benefits of the proposed building.
Collirts noted that perhaps CL zoning with PUD ~ould
acc~o" lish the purposes of both parties.
Heds rom moved to set a public hearing to consider
cha ing the zoning from 0 to CL on December 7" 1976.
Hun, seconded. 1\11 in favor, motion carried.
"
~ Alpine Acres Rezoning Request
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 right-of -way were changed and
the lots were situated differently, would the situ-
ation be agreeable. Clark answered that the PUD
~ould 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 requirenents of the R-15 zoning, and
stated that the required setbaclGwere adequate
protection for the residents.
Lenny Oates said that in many developmenmin the
City limits, the streets are not perpendicular, and
this case is not an unusual one in that respect. '
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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 tha.t it was not appropriate to impose
more on a developer than is required by statute.
Kane cor.rrnented 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.
Currunins again stated that since the mechanism exists
to protect the view corridors, it should be used
in this case. Oates responded that the R-l5 zoning
recognizes the view plane but there is not a guaranteee
that the land will never be developed.
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lots. One of ,,_} ~ : ~ :.:-;CQl. :lr.lpo.Ct 0
of ","-'er rl'gl tL. 10 consl(1crutions "'as ttl (~H'111("":-:i:1r;' "
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any ~te 'OJ' Y scrviccs> '''yml ' b CJral1t~l1q -
City. . "lere werc also seve' '~11 b(J e u,'"" u;
~~ ~efits ~ '
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currunins again stat d - .
~o protect the vie: that Slnce the mechan'
In this case. Oat corrluors, it should blsm exists
recognizes th . es responded that th e used
that the lan~ ~~~~ plane but there is ~0~-15 ~oning
C' never be developed. a guarantece
lty Attorney c~ull
because of str;~ er ~ointed out that
consideration am rnarglns, slope acc PUDs evolvl'
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Collins closed the public hearing.
hunt said the area should logically be R}lF. R-l5
is an appropriate zoning, and while it is unfor-
tunate problem for the park circle residents, the
PUD should not be required as this constitutes spot
zoning .'
Collins opined that the speciality of the area and
the site warranted a PUD. Kienast stated that the
unimovID in the situation was hoW high and \ihere the
builidngs would be placed. Oates said that Coates
would be willing to co~mit to the site plan as sub-
mitted. Hunt told the P&Z that the stream margin
review would further restrict the site and place-
ment of buildings.
Isaac sail that the masS of the tvlO proposed units >
was larger than the surrounulng units, and that
a mandatory PUD was in order.
Hal Clark noted that if the anne:{ation falls through
because of the zoning, there would be no guarantees
that the proposed amenities (landsCapin~~Ould
occur, and no guarantee that the lana vlould be de-
veloped to the liking of the park circle residentS.
Kienast said that the owner of the Alpine AcreS
should alaa have the right to set the buildings
for the best possible viewS for its tenants.
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Runt moved
the Alpine
ded. Roll
Hunt, aye;
approved.
Kienast moved to adjourn the ~eeting. ~unt secon-
ded. All in favor, motion carried.
to recoh~end to city council to zone
Acres subdivision R-l5. Kienast seccin-
call vote: Kienast, aye; Isaac, no;
HedstrOI1, aye; Collins, no. r~otion
'n favor, 2 agains .
Hunt moved to reconvene. ~ienast seconded. All
in favor, I1otion carried.
. Hal Clarl~ sta'ced that this was a stream margin re-
view for the 110f;\e of 11arvin Jordan on Red Butte
Drive. ':'he 'Planning Office:-recOlf,mended approval.
Hunt movec. to approve the stream margin revie" of
the Jordan residence as there was nO eDcroac~~ent
upon ,the already e;,;isting encrcachr;\ents. ~ienast
seconded. All in favor, I1otion carried.
Hunt moveCi to aujourn the meeting. Isaac seconded.
All in favor, motion carrieu. neeting adjourned
at 7:23 pM.
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MBII>RARDUM
FROM:
Ci ty Attorney
city Engineer
Steve Burstein, Planning Office
DunnlBishop Subdivision Exception
November 21, 1986
TO:
RE:
DATE:
----------------------------------------------------------------
----------------------------------------------------------------
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
exi st 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.
..
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ASPEN/PITKIN PLANNING OFFICE
130 S. Galena Street
Aspen, ro 81611
(303) 925-2020
Date: Df. rJ
~&o;Jp
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:
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.
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 sutmit 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 $
Your appl icat~' 0 . s compl~ete and we have scheduled it for
review by the ---'.{)lu'\l{J. ~ ) on PHG' '?dt/QSIt,. We will
call you if we n d any additional information prior to that
date.. Several days prior to your hearing, we will call and
make availabl e a: copy of the memorandum., Please notetliii'1:"i t
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 nex~ available'ag~nda.
If you have any questions, please call ~ AJ.1h,JJ1Ljl,~
the planner assigned to your case.
,
Sincerely,
PLANNING OFFICE
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MEMORANDUM
TO:
Steve Burstein, Planning Office
FROM:
Elyse Elliott, Engineering Department
December 17, 1986
DATE:
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
MD"\O-LElTER
EUBANK
ROBERTS
& BISHOP
CERTIFIED PUBLIC ACCOUNTANTS
731 E. DURANT AVE. UNIT 7A
ASPEN, COLORADO 81611
(300) 925-4877
TO: _~,__
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THE POLICY OR POLICIES TO BE ISSUED HEREUNDER wIt: >, J./O
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
'Exemptlon'lrom the Definition of Subdivision recorded August 4, i971 i.n Book
,__}33 at Pj'lge 4,
~e
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.
lo
TeJ:1T!s,agreemen,ts,_J?rovisions, conditions and obligations as contained in City 7
;:";.;~,~A;'i.;;"~f.~_'::'" H!iL"," "".:j}jK-",_"""" ""_. ", ,~n (
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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-____
MEMO-LEITER
EUBANK
ROBERTS
& BISHOP
CERTIFIED PUBLIC ACCOUNTANTS
731 E. DURANT AVE. UNIT 7A
ASPEN, COLORADO 81611
(303) 925-4877
TO:
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R'-"..:c-rdcJ ..L 9; j2 ..\..'1.. 0.,(:' 2J. 1976
Julie If.Joe, R.::cordcr ReceptIon Nudh:r:
l~OJIJ~~
GI~\r,j1' or TUe!!,. (W H..\\' TO
Ct'i'Y Of' ^SPi.:l. COJ~un.(;:J::J
SXK3l1 i',", 761
^NO~'1 ALL ~.i:I;:J ny THese; PI:CSC~TS:
That I, !.llla: 11.
i.1/'rI!U::Y, bc-inq tl", O',;ner in fee .;nplr of '-",- 1. M,p!;;r: AC?::S
SU~D!'.'ISIO:!, Pit!;;n COunLy, COlor"do, acCording to the pl"t
th"L'euf rcco['ded in Pl"t llook j at Page 2 of the records of
Pitkin Cnuntl', C"!or.lc~, lYing nOi'L1,e'ly and adjacent to a
public rO,'d knOl' n a. Gibson Avenue, runni ng Cas t-I'lcst betw"en
Park Avenue and Nil! Street, in the City of Aspen, Coun~y of
Pitkin, State of COlorado for and in con.ideration of tha
Sum of $10.00 and othcr good and valuable consider,Hion, paid
by the City of ~;P~n, State of Colorado; the receipt of which
is h-reby aCknow!cdycd, doc~ hcrehy grant, give and quit claiM
unLo tile said City of Aspen, State of Colorado, an ease:;;ent
or rigllt of ''''y for the construction, irnprov'O';1"nt, operation
and maintenance of a public rO"d and undcrgrou~d utilities
upon, across, along and une'er the fOllOWing land lying and
being in the County of Pltkin, State of Colorado to wit:
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An easement across part of Lot 1. Alpine
Acres SUbdiviSion. Pitkin County, LO!orauo,
be~ng more fully described as follows:
Beginning at an angle point On the Southerly
line of said Lot 1 Whence the most SOutherly
COrner of 5~1id Lot 1 bears S 66009100" E 160. ~o
feet; thence N 23044100" W 135.84 feet along
thp. Sout~~~st~rly line Jf ~did Lot 1; thence
N 55035'35" ~ 11.33 f~ct; thence 100.94 feet
along the ~rr ~~ a cUrve to the right h~~irl~
a radiu~ of 350.57 fect, the Cllord of whicll
Curve bears S 2Goa:>130" E 100.59 feet: thcnc,,~
S 170S.I'3~N E ~9.11 feet to ~ POint On th~
Southerly line of said Lot 1: thence N 66009"00.
N 15.4G feet alan? said Southerly line to th~
poinl of be9innin~, COlltaining 0.049 acres,
more or less.
To have and to hold the Said eol3e,oent or right of way
1.1~~ t~c "olio Cit,' u( ""o!",,n, St,Ve of COlorado, for pu:"li<:
;;(00" 0, right of l/ay purposo~, and for underground utiliti<:s
.
~. of the C;ty or other puhlic utilitie" ~llLhori7.cd to ur,o:' t!l"
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IN Ul'l'm:55 \'''iIEI~r-;OF, th;~ unclcr:::dtJncd I.ub~ \-1. ^nthon~'
,ha:; hcn:unto s~t his hand and seal this 16th dilY of Q.ecember
'l97G.
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~\1. Anthony'
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I'STATe OF COLOI~;\DO
55:
: County of Pitkin
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The foregoing instrur~nt was acknowledged before we
this 16th day of Oecember , 1976, by LUKE N. 1\NTlIO:.'(.. ...... :r
......; c-:..... I ~", 1
WITNESS my hand and official seal. /,:- .,:' :1,.., "..... 1
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t-1y Commission Expires: l~overnber 11, 1919 ~..;: ~::"~..."'r"" i~ ';
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u4~thm'" 1l.~ \PliQt'~113V4lif~"~10i;8td"i~:th. City
,.~ '0' "i$,":fl'f"f-"'-" " "', . .." -.' ".,
'oi'~;';;.;rcli" i~~.ti;, .l;';.o;,; ~~t1ciii.~i~:~~cr~Iie~'~ I '
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',;c. " OD. Cll duplu .ach on Lots 1, 4, and 5,
'.
Alpin. Acres Subdivision.
Pltkin County, COlorado, and
WIIE1tEAS, the applican~ has applied, pursUlIDt to the
pravisions ot Section 20-19Cb) ot the Aspen Municipal Code, toc
~ exemption from the definition of s~ivision foc tbe creation
ot two. separat~ condominium units on each of the above de.cribed
lots, and
WHEREAS, the ~pen Planning and Zoning COmmission did,
at its ,,,..t1ng held (lID. J'_, 1"_, d.termin. that thia propos.d
condominiumization is without the intents and purposes ot subdivision
regula~ion Csubject to certain c~nditions) and did further recommend
to the City CEuncil that the requested exemption be granted, and
WIlIlREAS" the Aspen City Councll, at a regular ....ting
h.ld ','lfl'lueJ. 2ft ' 1977, did condder the r.quested .xs..ption.
did agree that issuance ot an .xs..ption is appropriate, and did
grant th~ same subject to c.rtain conditions,
THEREFORE, NOTICE IS HEREBY GIVEN that the City CO"i1cll
of the City of Aspen, COlorado, has grant.d an exemption trom
tha definition at sub~iviuion for the cr.ation oi two separate
On .ach of the lots above descrJbed
oondominium units/ane convoyancG of separa.. lntere~ts in .aid
units for th. Lots and improvements above described.
PLEl\U TAXE FlIRTllEtt NOTICE that thia qrant of exception
is condition.d as follOWS'
1. 'l'hat the spplicant: shall pay to the City of Aspen
the appropriate Park ~dication Pee a..cibutabl. to the six (6)
units an~ calculated purb~~nt to Section 7-143 of the Asp.n
Municipal Cade, which ~nount has been paid on the datn of this
Itat.crnent.
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2. '1'hat both unit. of the duplex be .ub'ect to the
City'e rental ~licy of .ix month minimum rental, with allowance
a! two ahort term rental reltrictione.
3. Thet the conc5ition. h--reby impoled .hall be de_d
covenante running with the land and burden the lame. and be
binding upon the applicant, hie heir.. a.eign. and u.cce..orl
in intereot.
OA-Tl!:O.
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the
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I,""" f.".jo,W . ~ City Clerk of
Clty of Aepen, Colorado. do hereby cer;i~at the foregoing
exemption from the de~inition of eubdlvi.lon wae granted by the
Alpen City Councll at itl regular meeting hold
, 1977.
:~~~~~::~
~ o'rlispen y
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o! the
STATE OP COLOMOO )
) ...
COUNTY OP PITKIN )
The !oragoln9 wa. acknowledged before me thi. ~,~ day
of IU~I~""'-
, 1977, by Stacy Standley, III. Mayor, and by
FLL,..." L -4"~N"r
of Aepen, Colorado.
, JJ",pu7j" City Clerk, of the City
WITNESS MY llANO MD OFPICIAL SEAL.
My commi.lion expire..
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CERTIFICATE
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sTATE OF COLOMOO
COUNTY OF PITKIN
CITY OF ASPEN
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I, Xathryn S. Hl1uter. City Clerk,- in and for said Stl1te,
County and City. do hereby certify that the foregoing is
'.
a true. perfect and complete copy
'g a~~~a-,~
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of ~ lcu-...~
/4,<1 a.~C<-<e4
as the s~me ~ppe~rs of record in my office,
WITNESS my hand and official 8ea~ this ...;'l)~day Of
@('L,>-nC.,.LtJ . 19..22,
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C Y Clerk
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Deputy C~ty Clerk
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u.~~ tl>h .ho.ld .... . '_" n""... _ p.oj_ will .... fundo.J ., nso.ooo, eo pc.
ceo. Ped...1 .nd 10 po. eeot .tot.. "I. eennot 90 to ~Id ...ii .tt.. ..... i~,.ft
.,coe.ellt. &.1~.ta add ...,. ~ to ,.t atu'ted lJor "'~.
<:.unclw. k.".dt pol.," ..t t", ... Clt. ....... or. .I...dy f.11i.., .p.... end lie
....Id ..t'" no. .... ."" n..O" .... of tlle elllp ."" ".1 """..t. YIl. 10.. ""'pl. of
,.... tlIo City.... bee. u"'ad to ..,lnoad., dhrvpU.... c:oan.:U.... _....... "'ed
- ~ tILl. wUI to<<. -.. tllo _...oc..... will .... pla... .Uh .......ad t'.
.ten: dralu.. "oJ~. _id .... I... Si.", to ""...100. OIl tlIo aouth ald. of ""i. .....t.
"'... ..111 .... 00 ....~ ... .... oo.th .ld. .f """ .....C. YIl... "UI .... __ bloc.. of
....k ... tIl. -. f... ... Cou.tllou.. to S,.i., and ""la. ,n. proj....t ..ill U..... ,
.Xl.U.. JI ioch .to.. d..i. on Orl.i..i 1"0 . .ew .tono d.. I. 00 .p.I.. ....... nt.
wl~1 .... .un down ...1.. to t', Obo...... bulidl., &nd ..III .llol.... ou.f.li dl..etly
loto tlIo .i.... .iii. ...tod . ....Ibility I. to put ". irri..tioa ...t.. 1.to tho
.-. .t Glory 1101. P.... Ohio oould be b,ou,'t down asl.. ... .tono d..1.... 'Y"..
&a4 8t.11,h. ...t.ec d,bte .1. tll.e nOB clrUAap .,It... .
RUh told c:o..eU ~. IIod oot .- . ............10. .ehadlLl.. b9t tIl. c:t., 10 100'1.., .t
t.v -<< o!aw.- to do j... t.bo dto.. d.do ....k. nh "U1 to<< .. .... ,..U.. 10...
0Il4 .... tntlLe 1&Aa .t~. :0. .._~ ......u .... .u." 1... ..la......... ..... "'U40 ...
'Uhr. !'ben voald probab1r be . d.~ ot ORe blOCk at . time.
Q....dlooa kIu-."". ..,;.., to ....;... t.bo work .t tJle 1....1.0 ......tod b1 tl>. CIt, ""91.....
MCOAcIed bJ' O:tunc:ilVQa.ao hcI.n.,.~ . . '. .
.a."""ll_ ':o"".te. 'Utod .110 f"l. tbot tll4 c:tty h .....U.. lo u.. O""lt. dlre...o.
.t ..to dhl....U.... CoaneU-... .od..... POl.ted '0.' tIl,h wo., 10 Inc._., u... tho
~l" tIlh 1. · .tot. blp...,. 0Il4 tIl. c:tt, "Ul .... tIl. e....... to do t.bo duin.Oj.
t.ltat i. Ml:e...I'7_
All ill l.yol'. aotiOD CUrled.
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_llooa ......od. pol.tod 0.' th... .... . "'.rd ""'''0.. abovt OO.d.olot.....Uo.
of dupl.... tIl.t '-- h und'.lrobl.. PI...,.. IUl 1:&.. told Councl1 be ..d ....t
eo.. t.... 10011:1"9' iato dab que.u.on. hoe .hted the 1"0. h.d been l'aJ..d tIIae
COAdool.luoi<atle. ~t ..I.tio, dupl.... hod th. .ff.ct of 'oocvln, loc.1 hou.i.. f...
tJle -~... 1:&0. 'U'od this 10.. 00' ho.. ,,,,....In.. tlu..l.... ....Ut. hi.h ...... to
"'to., ..lth. .. th.y .... .I...d. 01..1.. t', 1".1 ..r.... I. no.t c.... locked .t.
COOdoa.I.1_h.Uo. ot duplo... 10 P....lcl1.. ... .,pertan1.y for lIORoc.. locd to buy.
opUt<1.. tIl. por hot<! co.. .c"'.. .... ...1.... .ou.b. ote1c.. Id.. -d. .totad
tIIo. "ltl>out "'" 00.<<010. =do:!:U=I."u." .t d."l."". ....y ou. u.-u.. .c. of tho
loed .....t. Goodh.u. .dd to ''''t... ..d..t thi.. th. C:lry ....Id u. ... .ix "".<11
".'.1 .....letto... Cocd.'.r... ..ie,od 0.' tIl.- ....domlnJ.amt..tt= ..u.. bou.i." auc.
aor. aUorciA!:tl. for loed P-t"S04a.
a.....U..,..,. ......... ."od - tIl. .ix 00.<11 ".td ....dctto. .... to .... ""fo..od.
....,. .......1.. .u."..tod tUt <II. 10... ...'"-... be .oco.ded. ..... peint... out t'.t
.t P.....t. tl>. c:tt, "".Id only ..t . d" co.th ......1 "'''i'''l.o ..lantuU.. It h
eo1, ...l1od to t', IVtlP '.n.. .... .to.... t.bo Coun., Co_uio.... ... d.H.1Uly of
tlIo f..lln. th.t dupl.. cond-oiaa...tio. 1..... to ..u.. "...i.. off tIl. ..rk.t.
-. lOid th. .10..1.. otHe. b.. I>HA 0....... vt<ll ......... for e....00101...1ut1...
_.1. oonH...d tIlh h . "<7 .......U..tod _d.. j.d_.. end ..",,1... the c:tt. to
d.t._.. ....tIl.. It 10 .- ex bod. ' n... h . dItf.r...". ""...... ...1t1-fU>il. ~uUd-
11>". end d.. I..... Coodaalo1aal...Uo. of dupl.... 1......... d."I. teatly dvoU1.C..
...llobl. to loc.I.. A .1" DO.th ".t.1 ...tr1et100 b.. . d..r...1n, ..Iu. on tho p.ic.
&act ....P. tourLsb out.. Coodhd.lll atA.ted' th.t.u ten. 01 -parteeQt. !nUlct.1.nVa. I.t c:an
.. dUiC~tr..tect tbare ... lip to 100 l'er CtIlt her..... 1D bouLag eo.h.
.. ..
Co..ndl..... ':oh..to. .ut.., .10. tdt t"h qu..U.. nMda4 co.. _t""y. ""..,x SUndl.y
..1e1 the Council pad ..gne04 to continue with "duplex coDdoainiu..hAtion but not to proc...
ADJ' au1U-t~ly WIth unul 'Couae.il b.a4 . hport fro. th. SOUlliAi' Authority..
\ .'
atnIOlVrSro.<f EXEMPTtmr - Alpin. Acru:
--
1111 -- told Co'..el1 tIlh 10 . Aqua.. for cqndcal.1Qa1..Uco of ...... .d.U".
Vlc:toriAAa OQ Glbsoq aWhue. lb. dt)' -DfU"c Ita. ,..vlihrec1 t:h1.,. and M. c:o=aent.
ani .tucn.d. Th, annexatloa .9~t: for Qi. pnJp.c-qto con.r. !.pRi...."u tJ1.t are
lo be &ad.. ."$- ... ..
lIury _...... "'Id ~.;,oU' tho. tl>0J' ud not ...- to ot. ";.t~,.....t.d ...trleUo.. but
IIod .,'Hd to xl"". of fi... ..f.'.1 to ....... to tlIo bal1dto.,o. Tbl. ...rto j... .0
_11 .. h ...1.. for .......... OO'''mod. -..d. '''ted th.ot tlIo . . I IIod ..oo_oded
"""UOIl be ..p.o_ ."'10<:' to ..y....t ot tIl. ...k d"'icoU"" f.. .... ,hi... Uu' .
dollt of .of_l .t ...... pd.. to .U laeolju. C:O....11ao. Do Gx_do potatod out tIIo.
U eo ....... ....ted to patell... tIl. _... tIl.y .....ld t..... bto ....n ..... ,
..... .......I.y ...tG4 tl>.. if Co=el1 ..... to ,h. ... .""I'll..... ""iell 10 on ....n......
.. .... -or, .... c:o.....U -' to .... ""'I"e'''', to ... tho 101.. co.....ct ... th.. P"'''''rt,.
-- .... tl>. Co....U ....Id '" If It h bulo. ocld to loed.. .nd .....t t'. o.!~""~" _ . _ "
h. _.1. Hid h. - -. .PP....cAo.I 0, t... ot t.bo t."""to v!'o ...,.,.. """"".to...... _,.. " _
u,.. h hI", o:>lIedooi.iuol.... &nd ,old .: p.i... the, e..not .llo.d. ....,~c it....._. _';,_ _,.
.'\110"04 thio ou"ht'to be toblod ...tll C:CuocU ....ld ,ot .... th.. of I.'o.",..eo, "cr. ". ..r..
_ed. .lek 1tcG..tIo told eo...cu If tbey -tad' to ... 0&1_ coo....".. .,.......~._":.,_
_ld .... ''''.id.d. :_.. ,_.':, _ . ., ,
. .' -. . . . ~.~ ~:~.~:.r2~~~t~<:~.:., -:- ."
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'.:'eoo>-341 ,f,u 448
......
,~__ ___,Aopea CI~, t:Dooftell._ ....___.:.....~ .H..I!'?__._
. -..-.----- -...-... -_.....-.-.. -.. ..-..-.. -..----...
... ...- ..--
... -... - -..
yoI' 'UDellr ..J' that eo.neu ....tocl title l.fon..Uoa bcre.1.l&O U. appUc..t .. I.......
tl~ ORG =ot ot tolCU, tM teAaftt ht~ren~ I_ puC'cb...lftq s. reprueoUA9 eAGUeC'
t of tKt.. .ad t" MdlD' aUOodtr npr....tlAt a dlUel'''' Mt of facU.. If tJM
11 b '....d.. . aub4hiato.l a-.pt1otl, u.y -.-, to ~ 4CC'V.raU .s.u.
. . .
U.." De C':~lo ..... to tabla dib ,_*11.. ..-hul of kctqr0ua4 lafon.tioo.
w,l1i"9M" to do d. __lA 1>>t.a1 1'..UkUoul ul:OZl4414 III c:cww:u...,. &e.hceA4t.
1a '.'WOe'. ..ntoe -=-"1". '"'. ".'
. , . ~
.
.1':
aubcfl.,18IOft
told COuncil tJrih .,.. . nqM... te.. COftdoaleJ...J...tloa of . .thCtan tlLat ....,~ . &a tlon.-
e\ ,.t. Vitia CDftdo.blua1u.tloa ..,u...at or aDproYa'l. tAh .1l~ two ..pe..rat.e OWINp Do::" .
to 'orvard aftdI pc: t1a&fte11\CJ ..p.,.ate!y.. ..... .ta~'" U.... 00 t1LI.. bA4 . ~oq:.le:x cu i lAteN.'"
kilt tJr I'I"c bot '.ly with one owae". ftere 1.a t.OOO aquar. f.ec aDd It u ....s &&bled
. Cit, Attone, Jltacu.U auted Pe would Ute to 1AYeSt1.,.te tJU.. 1.... .
-.:11au De Cl'lt9Odo ata&e4 the 14-. .,.. &U.l'ac-t.i". to b.1.a if u.. City coaL! ba.... .-
hot. - It. CouncU... IIlaMrt ..1. he ","14 Ilk. u. Ch.DcU to co.e IiIp vitti __
..... ,..lIcr INto.. tllq 90 ..., f.nl>4c.
11..._ Vb"'-rt ..... to table hod. Don.. -.dI IJItft'VlMt appUeat.loaa for nbdhidon
t.1ou,.lec:oodecS bl' COIIISC11vo=u. 'e4c.rSCA.
1'1 abted u., would 111:. to ........ . studr ...don. CouDe1laaQ De' G"'90riO poiated
t th. appllcatlon. a. .ub.1tted tan. ~ v...s .. poalU.... t.hJ.Q~ it the Council C&A get
d9ht conroh OA tIl._. t'he .tDdy ....loa .... ht. tor Vednesd.lyI' Karc.b. 33. at '.15.
ud ~s.. ..... aale., to be JI.'C....t &All peru.pa 1a.rit.e tlI.e . , I.
".
... tavol'; ~t1oa canted.
Yell Do.el1n,. npn.ctift9 VllJcbe.~. told l;:oQ:Dcl.l be va. ao1: .-w',are that diu 1e.
.... withdrava fro. Ue CoaDCll &9uda. ID ODe b.ad told IUa aDd he ba4 v.a.i.u4 bIG
'IIn. !'b.b project h .. u.d1tJonal .xl.Un, duplex em Snowbvn."yI' to be. condoatnh:abed_ SuWhJdon
1. the t)'p4 project the City b by1A9 too eACOU_ia. V.u;, Do=:lin stated be vas KxeI~ioa _
ntecS that. Ue.. ehaftt.. t.a podt.ioa, ~ ~ ..t boc. .-.opl. a~ relr1e9 oa the 1I1AC:M,ur
soph, ot couneil ""en che Proeeed:. !be" abov1d be ~ poUq &nDOCInc:ll4 ao that.
~e Call act. accordla9ly. '.
r ltu4ley suted. that. i. t1l;e pnl'09Au.... ot Council. and Counc:l1 d.c'.tde4 that. they
llld "ttar addr... UUs prcbl_. ~ Coc:zu:il La DOt. ~aa.rllJ' .~illrt .a!~:UYi.ioD
dona .nd duple. coodoaiD.iuaiutioM, bat th.,- V&Dt..to GDduat&.a.d t:ha dynam" of
t. 111 c;ol~9' GA. Counclu411 Wbhut: po1ate4 ftt u.t coun<;u ts DOt. ctaanqift-9 pol lcy,.
j"t. V&J\t eo ..uDUsb . pollC)'.
otvUION EXEMnrOH - C. .. ~uk
.:'!.... ~.. .
.... told Council thh .uJ;wU,,(.4OI& ea~ IIfOIUd ellect..1vely creac.. tIfO bu.lldiJuJ altu
1 four lot. .~ the DOrtttv.st CO;7ler of rou..rt.b aA4 a..ua.. "'fbere 1a U.OOO'aquare t...t.
it I.. lOfted ""1. , & I K'ev1ewed tile nqu..t aDd .sted that U. 1arp u". OYer JO
~ be "I'uerved. hna niter.ted this request: tIlIC.ld taJc. foar lou vida ... .xiat..1.D9
ait.a and .pUt bto ori9iul tovftalt. loe:.. &lad wou.14 crute .a=ther !Ii!!:91. fUli1r
it.. Maror Standley .sked. the appUcat.i.cD it 11.. ViOQ.14 ap-ee t:o a,. k1atorif: de. polI_
of the ex.iatiAg house. C1.-.d: ~ .ve..
".
eJIau l.hren4t .o"Hd to .ppro.... die nb4irlsioll edllptto:a.', IHCOndad br CoaDcJ.1au
G.t'e9od.. CoWICU.UI. .ebnrult __da4 lab anJ.aa to i.Dclw:!a sabject to hi.atoric
.1patloa UICI th.I.t before u .acavaLt.oca .-.r-1ta 1a iuDlh!. . 1aDdseaper _ill exaat.ae
u... to aaka sure u..,. vUJ. aot; be nJ,Ded, ..r .- bJ' ~..ft_.... De G.A9QZ1o.
. '
.tan 1a.!aUe. repnnntiDg' Mr. a.tit,. mld Council d1.at Cl.rk hAc! con.lJltAtcl with two
~teet.. who hold assu.red Clark that. u.. t..nI.. voY-ld DOC b.a.. t.O be -.>>ved. Clark f..a
&at tile u... a44 to ~ p~rty. 'Ib8 pz'e..nC tree ~ etlIeOur..,.. ftloeat.loa. o~
.. or nptac:e..nt.lf'the, cannot be relocated. a:an.. st.atatS t1t.e pa.rIt"de4icatJ.ca. t..
worked out to '3.14' pr.dlcated 011 ".U per ~ foot. ..uuai.aq It. .La . t.hnt.-
moo.. bola.. aoW.ver,. the .ppraisal report sbowa tM.a t. .. two ~oo...&D4 th.1a vl1J.
the ,.rt 4ed1c:.atlOQ t.. to n.Stl..'I. 'De pra.rU declJ.eat.ioQ fee will be paid OQ
e exhttn, ho"... 'I1te 4edicat.loA f.. 011 ~ other site vU1. be p.a1d: at: tIw u.. 01
loa '-1.l41nS p.nu.t.. .,0" :
t ~~~
b 'awr. IIOtJ..oo carriecJ:. ...,. :~ _ , ~ .
Subd!rialoa
&xetlIptiOQ -
c. ft. Clark
"'-,"'4"_.~
,
DlDIVISION bE2'lPTIOtIf - Ve4u.-1:)"Woaa
0:-: .
.. told Council this I'eq.....t. h ror . lot liAoe &dju.a~at. k6e ahowe& Council. ..;. Subdhbion
! tbo property .1M dcmo....troJ.t-.t ,-,h..r;. t1:e iDt. 11,.. ch&n.qe wou.ld be. Tbe propo.ed t lxe.ptiOR
M1J.9f"'ent of lot Un... would not d\.oInqe'the ..Uovolbl. dclUlty. ".1. La r..11t a alaor lIedu:n-Ry-.-1l
~. "'Ibb nquiru th. &ppro..d of Cou.ac.U to .t.raipt.aA OlJt. the deed-a.. ~ _ . .
I , ,...
~u.":'n De Cc'~r1o ~ to .ppro.. the lot u.. ch.aAoa for the s.uqqlu/thlu:t~ '_ : _ ~,
~tr .. pro,po.hcl, ea.co.ndecl by CouAt:l1a&.D 'oIftJ". All fa bYO.r,. SIOtioca C'.acr.irct. . .
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i .J:ItvlStctf DrJ'U"TtOtf - iuv .I'd WPW '.' . ! .
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,
~ "Jo"t.ain-ed: to CO\IQCU thla is . req~st tor .DhdiYidOlll c~ c~':"'"::'!:-J 9 1o~ t..
..i.~lQn. tot. 16 throuqb. Z4. Thl. 1. tAe are. acro.. the .tr...~,::: :;~~ u.. trla:'\;
. ~ ;a..cclW.~ by ch. City. Tbh i. ac-tMUt two "paute rcq\.ollo:~u. (1) ..parat.a
~. .t..... ,
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1a tol. o..cu ..... .... J.._ .... l...bl_LIc. ..... -U ........ ... _lope.
to t1D4 ~r.b... h'ftUl ~t.. laC' fe'OI.-le 4i.pl~. _ .
~ ....ru IOld eo...cll t...t ~. fLc. ... .....lU.. "U "liJ..t:-..t.i.Dt tJYct rin..u,.
rr ....... .. -lU..taaJ 17 -.1t ... ~ ~t .,. l.oail people. E"'-ud. .Ut....
~t ow,., ""~ .....' . ..I.. CMtl".-et 01' Jt;rtea Cen.1A mull they 91ft' ~ oC' ..
....~...U.OA 4c;.w. .
. .
JobMtOlt .ta~ .... III.ad .. probl_ wtua eoedoaiAJ-t,uUo. .f ...,1...... ~ .
W ...U& .- .18' ""ch raul.proyu.1,*-_ eo.cil...........nee a.bd ....c --.w
..,.. to ..... ....ut pool of dapl.z.n for t.... ....1' ...,1... n....n rit.a1 co u.
utter .....tlta Uaat t.ale pl.ace 1a towII. .. ..
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...... CloJ' a.a.cu _ 2.. Itn
- --...-----..... - .. - - --. -- ----..... -. --- --
....-. --- .---.----..----------- ----------
hbion
pttoru; -
.us ,
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o
UWO&I.Q. ~tcQ ~ tl't..t t.he c.o..cil ..sopc . polJ.cy of concso.J.aJ..tzat..1oo fd
Uq. 'With the Cll"l. ala 81Qrstla recul rescdcU.OIU ~ boch Sides at tile ciup1es &ad
tt dq -'Uee to Un.ue "'oew NU1.ag vitJa . dgbt of fine hf..... or' _ CIpC..1o.. "
.....1eJ' ..... U by odoptLDg . J'OUcy ..... ... .....,Uk s-r:........... at..o... fa
. fa ... """,""U ...1.\1", fA.., .. ....p ~ _........ ...... _ __ .-Iu-.~.
lie p'&Dh4 ... . '^"1. ..... t.Jlou,p u.. C'.IIMAcU ...,. t1Ddl ~ ~ -a.o.: pnJbl_.
at, '&ttocae1 autun ~&'..s _. ~:c &re 'cat. ~ tpid:eU.,.- Coa::aeu .J~Mocf
Ui a..ny &dv.cU. I.eoa.anl o.te.. .. ~ ~ .Joba tIroreIIQS U. ~r41ag Df Cae MCDIId
t.1oa, ..tileI' it abou14 be DOUce ...... ...-...i9D-&bl. ~ to t::ca&a.t.. Uc
of t!ae t..1I:=e period ad DOt..lce. 1lI)'OT St.aacI1..,. ft.8ted thee t.his COG41u.a. "'14 ... od.J' ,
.It 90ft: t.II..rvatft. -...r..:I....z.acJ,., 1~ J.a . __ U. -.!IDe.. ,.
ltaadley ~c." that Doc~..~cls. Oau.s ad: ~c;e ~t; . ~ ~eJ
- ... _fit of ... Coaacil - to loa _t_ .. ... aen Gooocll -UDg. ...... J
co....'n... ......4 ...... ar.te"l...toa of __ ~.. Ja ...,. ~t b ='0" ;>011"7 .
"~t. Coodbela au.hid t.bt, It. ... 4tt't'u.J.t to aDtJ.c:ipat,e &1.1 !:be 'I'&rioas probl_ ,.
..so- the aMolI. -- - -.~. ~ t:bet ript of tim nhsal ..,u.a.t; ....., ,.
a.:a. Of:" 1: ....~r1u"'. ..
vo.aa. J'obAston ~ t:bt. tJa. t::I.~ eo...c-u adopt. . poliqo o~ a.l.1.owt.acJ ~-'-t-
aauo. ot tIapl.... ttitJt, t.b. CltJ". oor.al _Ix __tb. or twa &bon krw ftllta.1 ~~:
taotb. aUU v1Cb at 1&ast. to ~ DOt..i.ce to AD!, ~ hDAtlt. plus a r::tgbt of tlrn r
tu.al to ...,. Ilrae..- tw. offen - . t a., ~n....... V1~. All 1a !nor. viUl t.b.j
loa 01 -I~... ....._ _ ......... 8ot.too cordodo
tr ""'''C' ~ poLQt.d o.t' ULlit th.U po1..1cy 1.!alu ~ II:S4 of prl'ftt:e f.__..Ll'.
r.n, ~1.4 hq1Iin .. o~. ftayor StaZl41..r ra.a.:I ~ tbe CI.c'tcT and ..l!:ftI t
. kttal1 it ~i.s 41d lide p. as. 0' prtwar;e~. ... tIiiR-....u, ~ ~ &.t.A::
.... -I' lapo..", ",uaU.oco. "'J'O<' Studley ...... U <hi. -.. 1>0 cmll.oa.oc. I
6ua" vou.1d ~ Ccc:c:U t1tCII be IUc!:ebomXI. Its. ~U. ....-.ued ye.. !'kf'or St.aad1qr
.bled,.. liIOu.1cJ Uko a.o4er "v1';:~t; r~.,.'s ~ ~!'!s.. ~.U', iM.rpnna~u. ..
end '!O .two.., .. ch.!r &ad allow CouDc:tl to ~ OIl tI>>se ~ 'Ii.... tire p.t.de1J..aa; ,
-ubu...becl h, .:tUoa.. . . .
, ,
SU8DIVJStO!f ~105 - Alp...... k~. _ ,
Barry L~ told Co\IQCil he ...-oul4 be ~ to 90 a.le=.i' v1~ ~ sa :::nrt.!t r'e!!~d SabcU:rb1oe
t.r.lc:tioa.tI OIl t.he '0 day DOUc. as c:orad.it.iocts Lor ~CXI Ln. .ubdi:r1sioa. &al r '''''''It
C1.o...rk, pb.nftllllj' office. n ...-... uJ..a fur oawrawal CDDllt:.ioaed aroa p.&~~ of ~ &a.s
".711." pa:lr: ~c_t1"" fea .... the _ otbar ~u.... I
islon
~oa -
.ta.
;104
,n -
u.
QIabc1la.aa lehre.n4t moYC4 to ~ tIl. n:b:11rls:laQ' .. ._ vl~ U. ~t...l.aas;
bJ' Coaacl1.=.ua 1l1.u..n.. &l.l Ia 6.~.. ..uo. c;ard.-l..
Clart. toleS CouacU thAt tIl..b 1a .u~ ia that. It h . nqacst..to . '....-[re
'. ~ that d:o..ts GOt exi.~.. a..rk .uta! .1t. is the r--.."'''t.iaa. of the pl~Utg
oru.c:. foC' .PPro..l ~ CD. th. policy .t..t.~:. .::=d. ~~ o~ t.be p.rt dNlellt1Clft fee
~ tb.- u.. Ue ba...i.ld..U1lj' f4nUt U i.aaued... .
l.a.t..a "l1ceudt ~ to .wnnw t:h1s subject' t:o ec..mcu '. p.a,."..._ -S ~- of ..
d.41c.atioa t.. at: u.. of bvJ.ld.iag p..rait: ~ _ _
....... ..u...
~~
Uo.I:&.;;.o;s
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c::a...cu..... Pede~ aUt.ed she C&A."\Ot. .... -..a-:a'"'"""lI1!.Dg: 8OIIetht.a..r ~ .....t...
Do~ elrplaillled to Counci.1 t!ut. t.b.is is -.re.ly . ..tur of f"""__I~.. Q.. n
..Ibtuu.toD poiAt.e4 Octt. there 1s DO teDaat to vi... d';ht of l'b'rt n1u:aa1 to..
~ J.a ta'f'OC'. vlt.b u.. - .. .- of' CoaDc:Uwo.-..- ~_.. J!IIOd.oa c:acd..I.
. ,
~.tYIsrc. DEMP'UOl!II - bt:Uvest.
,
.n n
told CD~U ~1~ v... aaotlM'r ~t. to .. r..r._r~. """''''''''1 that. ~ aot .Sdld1dd.,..-
a&... It. 1e 10C'.ted: OQ S~... fte p1&A11.l.a9 office 1_ . ~ Vit.lll po1.1q :~~
t..-..... p..pca~ of psd, cledic.aUOIl f_ ~ ~ puat:, 1ss-.....ce. __ ... J....-.......c. .
IAlaa 8elareedt .,.,.. to .~ aubjlf'Ct to ea.a:z.c.U'. poUCJ' .t.au....e ...s ..~t. -r! I
.... _le....... 1- - -Luag ....... .-- . All 1>0 t...... vltll ~ --,,--iQ.; _. ,'. _ ,!
Co~u.wo... ....0... IbtJ.oe ~led. . - . #. . ~. .. -..... _.. J ...:..... '. ....
- . . - ~ . -.. .~.::-.. ...... --.; .." .. ~ . . .' ~ ".
'~ua nntPrrao -....... - , -..... ..___ -1" _ _. ~~ .
t' '&" .-.pt.b.!4 tJaJ. .. .. .a1at.Ja., 4v:p1ez 1.ocuecI_ --'C" t .. T"- .w1c:.Uo. t...;:.~;.:;t~'!-f~~-.....:.
' : ... ':.zo$.n vltl> - _I.... for...... paW ...... Ch1' _...... lao. 11 _.... ..... .:.....~."'
:......1 fer ..Ut loa $I.50Z.... _ _foal toU ""'-U.. h. _~ _ _ __ ..........: ,,':'
~U.. to potcCllue.. <...... ., , --: . ,. .. '. -' "-:- ..31.......- _~ .
. ~. '" . - - , " - . .
:7: .~ f # -~.:: . .~.i..~, ;. ~:...... . _.
._,_~~:.~7 _M.. ". _ . ,..... _. .
.#..~ .. - _ _ ~ .~ '.~ .. . - --- -;..r ,.._~. .:. ,'. ~...'. ..:~..-..:.,~ ........:.. _ ........
.."' -L. ~___
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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, 8S of Date of Policy shown in Schedule A, against 1088 or damage, nol exceeding the
amount of insurance slated in Schedule A, and COBts, 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. Un marketability of such title.
In Witneu W1u?reof, Tran.america Title In.urance Company ha. caused this policy to he oigned and .ealed
by i18 duly authorized officers a. of Date of Policy .hown in Schedule A.
Transamerica Title Insurance Company
"
By
~'~~'-i;i."
.'. - ".-'''' ,.,,' "7
'::' ;,c"H '::~,
:;,);. ~:7<'
''''::.~ :7::"'~~'"
H ~ .... ....
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".~' '~19~' '.' .,'
.~;5f l iF Ii? ~ ~;';i'J'
...,.~",.-
'4' ~:'~::""';'~' ..'<;;,..g.......
."._.~,
SeuetHy
President
By
SCHEC~LE OF EXCLUSIONS FROM C~ :ERAGE
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,
'I
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CONDITIONS AND STIPULATIONS
I. 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 flamed 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"; th(' 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
prejudiced 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 pennitted by the pro-
visions of this policy. the Company may pursue any such
litigation to final detennination 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 shaU 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 B;ddition 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
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Continued from Back of Front Cover
5. OPTIONS TO PAYOR OTHERWISE smLE CLAIMS
The Company shall have the option to payor 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 Iiabilitv 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 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 policv be lost or destroyed, in which case proof of such
105s 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
f
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 SmLEMENT
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 aU rights and remedies
against any person or property necessary in order to perfect
such right of subrogation and shall pennit 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.
k
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DIVISION OF INSURANCE
DEPARTMENT OF REGULATORY AGENCIES
106 STATE OFFICE BUILDING. 201 E. COLFAX AVE
DENVER. COLORADO 80203
STATE OF COLORADO
RICHARD 0 LAM'"
GO"~R"O"
J RICI1ARD 8"""'[5. C L U
CC....,SSIO..~R
May I, 1977
ROBERT L SFlOWN
OEPun CO....'5SI0.....
Dear Real Estate Purchaser:
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,
~~
~~BARNES. C.L.U.
Commissioner of Insurance
JRB:bl
As a purchaser of a home or other real estate you may receive a "Commitment forTitle 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 bv 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
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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?"
I
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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 wiU 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 8 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 iustified. 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
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FORM NO. C.5000.'
FOR USE WITH COLORAOO REGION AMERIC....N LAND TITLE ....SSOCIATION OWNER'S POLICY-FORM B- 1970 (AMENDED 10-17.70)
SCHEDULE A
Amount of Insurance S
143,125.00
Policy No.
7302627
Date of Policy
January 4, 1984
4:20 P.M.
Sheet I of _ 4
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
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FORM NO. C.6000-2
FOR USE WITH COLORADO REGION AMER1C....N 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)
5 C H ED U LEA-Continued
The land referred to in this policy is .situated in the Slale of Colorado, County of
pitkin , and is descrihed as follows:
Condominium Unit 2, ALPINE ACRES TO~~HOUSE 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.
,'.....
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Fo'RM NO. C-6000-3
FOR USE WITH COLOR"OO REGION ""'.ERIC"N L""'O TITLE "SSOCI"TION LO"N POLICY 1970 ("MENOED 10-17-70)
FOR USE WITH COLOR"OO REGION "MERICAN LAND TITLE ASSOCI"TlON OWNE:~.S POLICY-FORM B-1970 (AME:NDED 10-17-70)
SCHEDULE B
PART I
This Policy ,toes not insure again!'t 1m!" or dama~c hy re3son of the following:
1. Rights or claims of parlies in pOHcs~ion not dlOwn by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in IJoundary line~, sllOrtage in area, encroachments, and any facts ,...hieh a cor.
reet survcy and inspection of tbe premises would difc1o:;e and "..hich are not shown by the public records.
4. Any lien, or right to a lien, for scn-ices., labor, or material heretofore or hereafter furnished, imposed by
law and not sllOwn by the public records..
5. Taxes due and payablc; and any ta~, special 3S50cs:;menIS, charge or lien imposed for ,'..aler or sewer
~ervice, or for any other special taxing di.!'trict. 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 instr~~ent recorded December 21, 1976 in
Book 321 at Page 761.
10. The water right and structure (inclucing all hardware, equipment, and appurtenances
thereto), commonly kno~~ 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 Septerber 30, 1971, granted to the City of
.Aspen'by Luke W. Anthony in the instrili"ent recorded December 21, 1976 in Book 321
at Page 760.
11. Terms, agreements, provisions, conditions 2nd obligations-as contained in the
Articles of Incorporation of Alpine Acres Subdivision Property Owners Association
Company, recorded ~~y 19, 1977 in Book 328 at Page 990.
12. Terms, agreements, provisions, conditions and obligations as contained in City
Counsel of Aspen minutes, l,:arch 14TH, and :,:arch 28TH, recorded December 30, 1977
in Book 341 at Page 446.
13. Protective Covenants, restrictions, reservations and obligations ~hich 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.
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FORM NO. C.6000-3C ~ .
FOR USE WITH COLOR.....OO REGION AMERICAN LAND TITLE ASSOCIATION LO"'N POLICY 1870 (AMENDED '0-17-70)
""'"
FOR USE WITH COLORADO REGION AMERIC.....N 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
to the Public Trustee
for the use of
to secure
dated
recorded
Joseph Dunn and }~y C. Wager
of the County of Pitkin
Aspen Savings and Loan Association
$70,000.00
January 3, 1984
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.
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COMMITMENT FOR TITLE INSURANCE
ISSUED BY
Transamerica Title Insurance Company
r
OATES, HUGHES & KNEZEVICH
534 E. HOPKINS
ASPEN, COLORADO 81611
ATTN: LENNY OATES
L
.,
AMOUNT
OWNER $ 123.125.00
MORTGAGE $
ADDITIONAL CHARGES
COST OF TAX CERTIFICATE
SURVEY COSTS
TOTALS
PREMIUM
$ 40Q nn
$
$
$ " nn
$
$ 41 4 nn
.J
Your Reference ANTHONY !BISHOP
CC's To:
No. 7302626
c
Sheet 1 of-L
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 refen'ed 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
Phone: 925-1766
The effective date of this commitment is DECEMBER 8
At which time fee title was vested in:
By VINCENT J. HIGENS
AUTHORIZED SIGNATURE
.
, 19!!.Lat 7: DO A. M.
LUKE W. ANTHONY,
in fee simple
SCHEDULE A
1. Policies to be issued:
(A) Owners':
CHARLES O. BISHOP
(B) Mortgagee's:
FOI'1II No. C-l&l.l Rn.1.141
x'" ........
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--.I I
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.
J'orm No. c.14!.Z
/,.
........,,1,)
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.
FonD. No. 0.142.1
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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, prov1s1ons and restrictions as contained in Statement of
Exemption from the Definition of Subdivision recorded August 4, 1977 in Book
333 at Page 4.
~6
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, prov1s1ons, 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
I) 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.
-----CONTINUED-----
11'....- 'N... "'_1""'" v.... ....1ll..'I&
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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
FonD No. c..lf.l.1
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Transamerica Title Insurance Company
Arapahoe - Douglas
2000 W.II lInlolOfl &0...,-..",
Lln....... Colorado 80110
(303) 791....t.OOO
larlm.r
1.51 Wo.1 Mou..tol" A....,,"
10.1100
fort Collinl, Colorodoaosn
1303) 493.6464
O.n....' - Ada",.
UOOlo.....nuSI,..r
De....." Colo",do 10202
(JOll6:19--l800
M.,a
.5]1 lood A......v.
Grand Junction. Colorado 81501
(JOJI242.11234
!ould...
1:J17Sp",aoS,...,
lou1der. Colo.ado 10302
13031 <<3.7160
PitkIn
601 'E. IlOPKINS
"',pen, Colorado 81611
(30J) 925-\766
Eagle
loa So""" F"....ov. load
1<:1",1700
Vall, Colo.ado 11657
I30JI629-49.$6
Pueblo
627 North .11I.0;11 Sir..,
'ueblo, Colorodo 111003
IJOJ) 543.0,UI
EI Paso
4USovthWeb..Str_1
Colorodo S~";"'I. Colorado 80903
1303163-4-3131
Routt - JodllDn
507 Lincoln StrNt
lOll 77356'
SI.ambOOI SrH;nlll.Cotofodo BO..n
13031 819.1611
Jenenoft
1675 CarrS'....1
ld.....ood. Colo.odD 80215
13031231.2800
W.ld
'1IT.nth Sir_I
Gr..I.y. Calorado 10631
(3031352.2283
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Transamenca
Tille Services
CONDITIONS AND STIPULATIONS
Please read carefully
1. 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.
2. Only the policies shown are committed to. If there are any changes in the transaction, order an
amendment from us. '
3. The date on this Commitment is important. Nothing after that date has been considered by us.
4. This Commitment is good for 6 months only. Extensions should be ordered from us if they are
needed.
,..,
--__r'"
""""
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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 tlle 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. .
11 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 hewill now pay.
QUESTION: "WHAT IS THE POLICY OFTITLE 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 POLICV 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
.
~
DIVISION OF INSURANCE
DEPARTMENT OF REGULATORY A.GENCIES
106 STATE OFFICE BUll-DING. 201 E. COLFAX AVE
DENVER. COLORADO 80203
STATE OF COLORADO
RICHARD 0 L.A"'"
GoVE."O"
J RICHARD SARNES. C L U
CC....'.""O..I"
Hay 1, 1977
ROBERT 1... 8ROWN
O'''UH CO'"'''''O'''''
Dear Real Estate Purchaser:
Following this letter you will find a brief explanation of your title
Insurance commitment and policy.
Title Insurance companies are regulated by this Division. 85 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 polley and under
law, are available to you at all times.
Sincerely,
~~
~~BARNES, C.l.U.
Commissioner of Insurance
JRB:bl
As a 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 10 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 tirT)e, 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 insuranc;:e 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
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"
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Continued from Back of Front Cover
5, OPTIONS TO PAY OR OTHERWISE smLE CLAIMS
The Company shall have the option to payor othenYise
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 suc_h payment or tender of payment, by the insured claim-
ant and authorized by the Company.
6. DETERMINATION AND PAYMENT OF LOSS
(a) The Iiabilitv of the Company under this policy shall
in no case exceed the least of:
(i) the actual loss of the insured claimant; or
(ii) tne 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 cha~e 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 Joss 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 SmLEMENT
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. 'fhe 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 pennit the Company to
use the name of such insured claimant in any transaction or
litigation inVOlving sud, 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 aU 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.
SCHEeLE OF EXCLUSIONS FROM CORAGE
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 regulatmg 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) "publlc 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, tien, 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 \",'hich might cause loss or damage for which
the Company mav be liable by virtue of this policy, or (Hi) 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
prejudiced 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 pennitted 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 penn its 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 pennit 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 an<I 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-
tennined 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 tenninate any liability of the Company under this policy
as to such loss or damage.
Continued on Front of Back Cover
o
.
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f-O,,",' '-;C "/,~--,-
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, 88 of Date of Policy shown in Schedule A. against 1088 or damage, nol exceeding the
amount of iIlBurance stated in Schedule A, and costs, attorneys' fees and expenses which the Companrmay
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 Witneu Wlu!reof, 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 I.nsurance Company
$' ;!,{~;i;>~~~~ ~~,;:~:~~:~'~,~"
:...."'" \ \\.- ~.~ ,.!j..? %~b
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By
PrcoicleDI
By
Secretary
'" "
,<""',",
'-,
FORM NO, C.5000.1
....-;,/
...."",. I
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
10:07 A.M.
Sheet I of _ 4
1. Name of Insured:
CHARLES O. BISHOP
2. The estate or interest in the land described herein and which is covered hy this policy is:
CHARLES O. BISHOP
in fee simple
3. The estate or interest referred to herein is at Date of Policy vested in:
CHARLES O. 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 POLlCY-FORM 8-1970 (AMENDED to-17_70)
"')
......
C""'r'
'<....~ j
S C H ED U LEA-Continued
The land referred to in this policy is situated in the State of Colorado, County of
Pitkin , and is descrihed 3S 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.
"'OR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-FORM B-1870 (AMENDED 10.17.70)
f'"0RM NO. C-6000.3
~::'R us~ WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION LOAN POLICY 1970 (AMENDED 10.17-70)
::l
~
SCHEDULE B
PART I
This Policy does not insure against loss or damage by Teason of the foHowing:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the puhlic records.
3. Discrepancies, conflicts in boundary lines, Bhortage in area, encroachments, and any facts which a core
reet survey and inspection of the premises would disclose and ,....hich are not shown by the public records.
4. Any lien, or right to a lien, for services, laboT, 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, ~984.
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.
l2e 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.
'1
FORM NO. C.6000-3C
FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION LOAN POLICY 1970 (AMENDED '0-'7-70)
FOR USE WITH COLORAOO REGION AMERICAN LAND TITLE ASSOCI"TION OWNER'S POLlCY-FORM 8-1970 <AMENDED 10-17-70)
I""-
.........
:)
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
to the Public Trustee
for the use of
to secure
dated
recorded
Charles o. Bishop
of the County of Pitkin
Aspen Savings ana Loan Association
$108,000.00
December 29, 1983
December 30, 1983 in Book 458 at Page 174
Adjustable Rate Rider in connection with the above Deed of Trust recorded
December 30, 1983 in Book 458 at Page 178 and Condominium Rider in connection
with the above Deed of Trust recorded December 30, 1983 in Book 458 at Page
181.
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ASPEN/PITKIN'PLIQIoo...u urtllC~
130 South Galena S,,*, L/6/!- 5~,
Aspen, Colorado 81611
(303) 925-2020
LAND USE APPLICATION FEES
City
00113 -63721 -m31 - 52100
- 63722 - 47332 - 52100
- 63723 - 47333 - 52100
- 63724 ~_47341 - 52100
- 63725 - 47342 - 52100
- 63726 - 47343 - 52100
- 63727 - 47350 - 52100
- 63728 - 47360 - 52100
REFERRAL FEES:
00125 - 63730 - 47380 - 52100
00123 - 63730 - 47380 - 52100
00115 - 63730 - 47380 - 52100
County
00113 - 63711 - 47331 - 52200
- 63712 - 47332 - 52200
- 63713 - 47333 - 52200
- 63714 - 47341 -52200
- 63715 - 47342 - 52200
- 63716 - 47343 - 52200
- 63717 - 47350 - 52200
- 63718 - 47360 - 52200
REFERRAL FEES:
00125 - 63730 - 47380 - 52200
00123 - 63730 - 47380 - 52200
00113 - 63731 - 09000 - 52200
00113 - 63732 - 09000 - 52200
PLANNING OFFICE SALES
00113 - 63061 - 09000 - 52200
- 63063 -09000 - 52200
- 63062 - 09000 - 0??oo
- 63066 - 09000 - 0??oo
- 63069 -09000
GMP/CONCEPTUAL
GMP/PRELlMINARY
GMP/FIN~ t
SUB/CON T L
SUB/PR N RY
SUBlfINAL
ALl2-STEP APPLICATIONS,!
ALL 1-STEP APPLlCATIONL
ENVIRONMENTAL H6).TH / I
HOUSING ! ; '. ,,'
ENGINEERING ....,
SUB-TOTAl.
GMP/GENERAL
GMP/DETAILED
GMP/FINAL
SUB/GENERAL
SUB/DETAILEO
SUB/FINAL
ALL 2~STEP APPLICATIONS
ALL 1-$TEP APPLICATIONS
ENVIRONMENTAL HEALTH
HOUSING
ENVlfIONMENTAL COORD.
ENGINEERING
SUB-TOTAL
COUNTY CODE
ALMANAC
COMP, PLAN
COPY FEES
OTHER
SUB.TOTAL
Josepl) J)UYl/O
'1';0 Ha-fchIPsslJr. -5-5'176
~~~rle,) Ih's/;oJ-'"
Address: 1/ JC' () 1'1 aff ch /(J, 'is /) r. -
. 0 -dotrS
Check' Ilul1n -//60 j; '3(1)/ 6/ih'f7M)
Additional Billing: 3Jt'l.
TOTAL
r,/'
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DC)
.,
.-A.
gO 00
'700. on
760, (JO
/.0 t '.),,: 1//
,