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Home My WebLink Aboutcoa.lu.sr.Colas.A054-98 r-., ,-" , ' .. PARC~CiPf.:,:i7_r.74-;O~~5 .;oATE:RC~D:J~ 3,j"5 "',#'COP\ES;F:""" b~S~'N9k:5~-g;, C~'S~_N.A:~E: DRAC RCI,,'ICW of Co!;m Imcs:"-C'!"!I P:::j~c.t ': . plNR:fr..1 :.:'" HI~;m . , ~,~~,'~~.DRl~41-35. pa~~"A'e.r..-:-~ ,~A~En:P:ID~AG r~.:"..il~i.\: ~f Colas ,;~.~~~tme:':!; ~ ST.E'pst I' ...: . ... , . , . . .O,""':Nfol\P'fl; Col"!'; I'"vc..stmc"ls P'. ~D :37'- Sun~l:!1 s....rt SiC u:C/S/'Z" Lcs An;:jnli:!s CA ?-O '. REP Ch;;.r.fts C:m..r;c A~:"':I!C~:i A"O"R: :2:)::::. H~m~1I Su':c 3 ," CtS/Z: As::o?:" CO 8F51; FEES RCVD~<"O P.IlN1 ......- ,-..... PHN ",,', ...I:;~II w_" ~........ 'STAT; r ~,!lE'1 . ,:,.' . "., . .... l' '" c~ciSEa:j:, ",1,99 ~LAT'S~BMli~; 'I DATE ~'FINAL ACTION: 1() E 93 , e.ITY CO!J1'IC/L: 'F!Z: 'BOA: DRAC' 'I:JJl--C"'~II':_i' .. . . .. .-..... ~DMIN:I" , B~.: )J::hC A~n ':!i;'::,~s PL~ T (B~.PG):I ". .' '". :. .\ .. .. . ~". , TO: FROM: DATE: RE: /,*" r"'\ Memorandum Design Review Appeal Committee Julie Ann Woods, Deputy Director ex:- J September 10, 1998 ~~- Colas Condominiums, 341-351 Park Ave,,--Reconsideration of Appeal from Design Standards relating to orthogonal windows and volume standards SUMMARY: At their July 9,1998 meeting, the DRAC voted 2 to 2 on the proposed appeal. The motion failed; there was no other action taken on the petition. The applicant subsequently met with the city attorney regarding the action of the committee, and it was determined that they could retum to the next DRAC meeting and request reconsideration, The DRAC approved a reconsideration request at the last meeting on August 13, 1998, However, the city attorney advised the DRAC that a hearing for this case would require the reposting of the property, and renoticing to the neighbors before a hearing could be held, Staff has attached the previous memo for your reconsideration and review, as well as a letter from the applicant making the reconsideration request Please note that no changes have been made to the original application, Staff still does not support the variance requests, g:/pl3IminglaspcnIDRACJeolas2.doc ,- ,........ ~, ~ .- Memorandum TO: Design Review Appeal Committee Julie Ann Woods, Deputy Dfrector ~-' September 10, 1998 V" FROM: DATE: RE: Colas Condominiwns, 341-351 Park A ve..--Reconsideration of Appeal from Design Standards relating to orthogonal windows and volwne standards SUMMARY: At their July 9,1998 meeting, the DRAC voted 2 to 2 on the proposed appeal. The motion failed; there was no other action taken on the petition. The applicant subsequently met with the city attorney regarding the action of the committee, and it was determined that they could return to the next DRAC meeting and request reconsideration, The DRAC approved a reconsideration request at the last meeting on August i3, 1998, However, the city attorney advised the DRAC that a hearing for this case would require the reposting of the property before a hearing could be held, Staffhas attached the previous memo for your reconsideration and review, as well as a letter from the applicant making the reconsideration request As attachments to this memo is "Exhibit B" which are the same elevations previously submitted as well as a site plan. Please note that no changes have been made to the application. Staff still does not support the variance requests, The applicant has indicated that he will have more photographs of the surrounding area at the meeting for your consideration, 1l:Ip\:uUlingl~RAC/colas2.doc .~ ~ Staff Response: The project does not further any goals of the AACP, b) more effictively addresses the issue or problem a given standard or provision responds to; Staff Response: The waiver request does not address this criteria. c) be clearly necessaryfor reason offairness related to unusual site specific constraints, Staff Response: The property is located adjacent to the Roaring Fork River, at an elevation lower than the street elevation, It is immediately adjacent to the Bibbig residence to the east and Garrish park to the west The units have been sited to take advantage of the south solar aspect, and to face the river. The non-orthogonal windows are located in the south elevation of Unit 2. The doors for each unit are 9' tall. The applicant is also proposing non-orthogonal windows above the upper French doors that serve the ADU on the south elevation (please refer to the south elevations of Units 1 and 2), The applicant is also proposing high windows within the 9' -12' area above plate height for Unit 1, Staff does not believe that there are unusual site constraints that should allow these windows "for reasons offaimess," Staff does believe that the location of the site will minimize the impact of the windows, should the committee approve the variance request, Staff does not support the requested variances. Recommendation: Staff recommends that the Design Review Appeal Committee deny the waiver request, and that the FAR be calculated at 2 square feet for the areas in the 9' to 12' "no window" zone, or that the project be redesigned to conform with the standard, attachments: ' Exhibit A--Original application with drawings Exhibit B--Revised drawings g:lp1anning/aspcnIdrllcIcoJas.doe JUL 31 '98 02:50PM WEST MAIN STREET LAW OFFICES ,"" ~ n, P.l ~ Vtz--f7.L f7~ =------- LAW OFFICES OF PAUL}, TADDUNE,P,C. 321 WFSr MAlN 5TRBBT, SUrn: 301 .A5P'EN, CoWRADO "81611 PAUL). ThDDUNE,P.C. Wn.UAM K. GUEST, P.C., OF COUJ\lS6L ANl::>RE.'W H. BUSCHER, OF COUNSJiT, Tnee"oNE (970) 925.9]90 FACSlMlj,E (970) 925-9199 July 29,1998 Ms. Julie Ann Woods AspcnlPitkin County Community Development 130 S. Galena Aspen, Colorado 81611 Re: D.R.AC. review of1l1e Colas Investment's project Dear Julie Ann: In follow up to the telephone conversation Ian Derrington and I had with you on July 27. please accept this a.~ a f01mal request to place the Colas application on the agenda for the next . meeting of the DRA.C., which we understand may occur on August 13, As we discussed, the D,RAC, 's decision on the Colas application at its meeting on July 9, 1998, does not appear to have resulted in a final decision on the application, My , understanding is that one D.RAC. member, Gilbert Sanchez, disqualified himselfdue to his employment with the architecturlll fmn representing Colas. Due to this disqualification, the alternate on the Board, who I understand is Roger Moyer, should have been substituted in Mr, , Sanchez's place. More importantly, howev&, the application is still pending because the motiOn to deny the application failed on a vote of2 to 2, This being the case, the application is presently active and fonnlll action can still be taken with respect to its approvlll, I briefly mentioned this dilemma to Tim Mooney during a telephone conversation on an unrelated relll estate matter and he agreed that he would vote to reconsider so that the applicati~n can be finally acted upon. Please call me if you have any questions concerning this request. Very truly yours, ~ADDUNE,P.C, - PaulJ, Taddune PIT/som C:'\WI'U'AULIU!:rtl3A:\WOOJ:)SJ.IH . r"'\ i-\~ I~T ~ J.s<-<- . FROM: Julie Ann Woods, Deputy Director ~.. ). -t-<> 0-- ~~fiU ti~ - ;Vo ~ - /"S ~ - 7e.. -r) IJr., - IJ <:;, J. Memorandum TO: Design Review Appeal Committee THRU: Stan Clauson, Community Development Director DATE: July 9, 1998 RE: Colas Condominiums, 341-351 Park A ve..--Appeal from Design Standards relating to orthogonal windows and volume standards SUMMARY: The applicant requests a waiver ofthe Residential Design Standards related to FAR increase due to volume for glazing in the "no window" zone, for the placement of non-orthogonal windows between 9' and 15' above the floor plate (Standard 12), APPLICANT: Colas Investments, LLC, represented by Jan Derrington of Charles Cunniffe Architects, LOCATION: 341-351 Park Ave, ZONING: R-6 (PUD) PROJECT REVIEW PROCESS AND STAFF EVALUATION Background: The proposed project is currently under construction and is in the process of being condominiumized, Site Description: The structures are located adjacent to the Roaring Fork River. Waiver Requested: Standard: "All areas with an exterior expression of a plate height greater than ten (10) fiet, shall be counted as two (2) square fiet for each one (1) square foot of floor area, Exterior expression shall be defined as facade penetrations between nine (9) and twelve (12) feet above the level oftheflnished floor, and circular, semi-circular or non-orthogonalfinestration between nine (9) fiet and fzfteen (15) fiet above the level of the finished floor, " Staff Evaluation: The Committee may grant an exception to the design standards if the project as proposed is found to meet one of the following criteria: a) yields greater compliance with the goals of the Aspen Area Community Plan: . ,~ ,,-, , ! Staff Response: The project does not further any goals of the AACP. b) more effectively addresses the issue or problem a given standard or provision responds to; Staff Response: The waiver request does not address this criteria, c) be clearly necessary for reason offairness related to unusual site specific constraints, Staff Response: The property is located adjacent to the Roaring Fork River, at an elevation lower than the street elevation, It is immediately adjacent to the Bibbig residence to the east and Garrish park to the west The units have been sited to take advantage of the south solar aspect, and to face the river. The non-orthogonal windows are located in the south elevation of Unit 2, The doors for each unit are 9' tall. The applicant is also proposing non-orthogonal windows above the upper French doors that serve the ADU on the south elevation (please refer to the south elevations of Units I and 2). The applicant is also proposing high windows within the 9'-12' area above plate height for Unit L Staff does not believe that there are unusual site constraints that should allow these windows "for reasons of fairness," Staff does believe that the location of the site will minimize the impact of the windows, should the committee approve the variance request Staff does not support the requested variances, Recommendation: Staff recommends that the Design Review Appeal Committee deny the waiver request, and that the FAR be calculated at 2 square feet for the areas in the 9' to 12' "no window" zone, or that the project be redesigned to conform with the standard, attachments: Exhibit A--Original application with drawings Exhibit B--Revised drawings g:/planninglaspcn/drach;oludoc r"'\ r"'\ June 30, 1998 ~. ~~ Mitch Haas Aspen/Pitkin County Community Development 130 South Galena Street Aspen, Colorado 81611 ARCHITECTURE PLANNING INTERIORS Re: D.RA.C. Review of the Colas Investments Project 2 Detached Single-Family Residences 341-351 Park Avenue Aspen, Colorado Dear Mitch, As you know; we are asking for a variance to the Aspen Residential Design Standards (Ordinance 30) on behalf of the Applicant regarding some high windows in the living room of both residences, The specific regulation, number 12, ostensibly atrempts to regulate volume by prohibiting the placement of non-orthogonal windows between 9ft and 15 ft. above finish floor and prohibiting windows of any sort between 9ft, and 12 ft, The walls of the living rooms in these residences face south, overlooking the Roaring Fork River and are approximately 250 ft. away from the facade of a condominium complex on the other side, The window restriction does nothing to affect to volume of the residences, but does adversely affect the ability to take advantage of the view over the top of the condominiums to Aspen Mountain, as well as passive solar considerations, Since these windows are not near to any 0 ther residences or facing a street, we do not believe the regulation is relevant to this project and its application should be waived, In view of the fact that amendments to this regulation are currently being considered, we respectfully request that a variance be granted by the D.R.A.C and wish to have a hearing at their next meeting on July 9, 1998, to present our case, Thank you for your cooperation in this matter, Sincerely, ~- t.v- - enclosures J er Derrington, AI P. oject Architect CHARLES CUNNIFFE ARCHITECTS' 520 EAST HYMAN . SUITE 301 . ASPEN, COLORADO 81611 . 970/925-5590 FAX 970/925-5076 JUN 29 '98 02:56PM CHRRLE5 CUNNIFFE ,,,....,., "....,., P.3/4 ASPENIPITKlN COMMUNITY DEVELOPMENT DEPARTMENT Agreem"Dt for Payment of City of Aspen Dev"lopment Application Fees (PI~5e Print Clearly) CIIT OF ASPEN (hereinafter CITY) and ("rlla,. 1 ~ ,,~fmtt\ t__ (hereinafter APPLICANT) AGREE AS FOLLOWS: L /\PPLICANT hIlS submitted to CITY an application for 1'2.8~ r !View -t- iI Onl. ~O \l"'~-f<<. J5.k-'S5' ~Av~. (hereinafter, HIE PROJECT), ;:, APPLICANT understallds and agrees that City of Aspen Ordinance No, 43 (Series of 1996) <ostablishes a fee structure for land use applications and the payment of all processing lees is a ~c>ndition precedent to a detennination of application completeness. ], APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time t(l ascertain thc full extent of the costs involved in processing ;he application, APPLICANT and CITY further agree that it is in the interest of the parties to allo"" I\PPUCANT to make payment of an initial deposit and to thereafter permit additional COE,ts to be billed to APPLICANT on a monthly ba..is. APPLICANT agrees he will be benefited by r<->taining greater cash liquidity and will make additional payments upon notification by the CITY when they ,lIe necessary as costs are incurred, CITY agrees it will be benefited thro1lgh the greater cemainty of recovering its full co~'ts to process APPLICANT'S application, .~ CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City COttrlciltn enable the Planning Commission and/or City Council to make legally required findings fOf project approval, unless current billings are paid in full prior to decision, 5, fherefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to ;-",Heet full fees prior to a detenn~ 0' application completeness, APPLICANT shall pay an initial deposit in the amottot of $_ which is for ~ hours of Planning staff time, a'll! if actual reoorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings te CITY to reimburse the CITY for the processing of the application mentioned ahove, including "ost approval review, Such periodic payments shall be made within 30 days of the billi.ng, date. APPLICANT further agrees that failure to pay such accrued costs shall be l,'I'Ounds for suspension of processing, CITY OF ASPEN APPLICANT Stan Clauson Community Development Director City of Aspen -,\ Signature: /? # Date: ~~_ Printed Name: ~ V10 Mllilin; Address: ~l '" V'f) eM. f- 8,72.1 Sw4,.+ I&'"d. "ifik~~ Lbt ~&.IU, c.A Cf~Cf / (""', 1""'\ 1, Project name C! 2. Project location p ~c.sJ... It>. 0 (indicate street address; lot and block number or m 3. Present zoning _R-<D (Pt.\p) . # ~) Conditional Use Special Review 8040 Greenline Stream Margin Subdivision GMQS allotment View Plane LotSplit/Lot Line Adjustment Conceptual SPA Final SPA Conceptual PUD Final PUD Text/Map Amend. _ GMQS exemption , , Condominiumization~ Conceptual HPC Final HPC Minor HPC Relocation HPC Historic Landmark Demo/Partial Demo Design Review Appeal Committee 8, Description of existing uses (number and type of existing structures. approximate sq, ft.. number of bedrooms, any previous approvals granted to the property) ~ ). . o~. ~O s ~JiJnI . f. 10, t;jave you completed and attached the following? -tl; Attachment 1- Land use application form ~~ Response to Attachment 2 ' :=L' Response to Attachment 3 .A. v" ~~~1" ~ ~"'t.'t-4- "T -~ ., r"'\ ,-- ATTACHMENT 2 GENERAL SUBMISSION REQUIREMENTS All development applications must include the following information: ,1'1. The applicant's name. address, and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of any representative authorized to act on behalf of the applicant. r"'Z. The street address and legal description of the parcel on which the development is proposed to occur. ~, A disclosure of ownership of the parcel on which the development is proposed to occur, consisting of a current certificate from a title insurance company, or attomey licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, - easements. contracts and agreements affecting the parcel;t and demonstrating the owner's right to apply for the development review. ~, An 8 1/2" x11" vicinity map locating the subject parcel within the City of Aspen, "'- 0 I'" r"'\ A IT ACHMENT 3 SPECIFIC SUBMISSION REQUIREMENTS All applications for DRAC review must include the following inforrT!ation: ,/'1. /2. ~, Y" 4, /5. '/6, Neighborhood block plan at 1"::50' (available in the City Engineering Department). Graphically show the front portions of all existing buildings on both sides of the block and their setback from the street in feet. Identify parking and front entry for each building and locate any accessory dwelling units along the alley. Indicate whether any portions of the houses immediately adjacent to the subject parcel are one story (only one living level), . Site plan at 1 "::1 0', Show ground floors of all buildings on the subject parcel, as proposed. and footprints of adjacent buildings for a distance of 100' from the side property lines. Show topography of the subject site with 2: contours. All, building elevations, roof and floor plans at 1/8":: 1 'O,-~\CW A~ Pl.A~ t1~6ftTS . ~~"" ~V'A1'i6tJS. A graphic verification that the project meets or does not meet the "Primary Mass" standard. Photographic panorama. Show elevations of all buildings on both sides of the block, including present condition of the subject property, label photos and mount on a presentation board. A written explanation of the requested variance and a discussion of why a variance would be appropriate and would not compromise the intended goals of the "Residential Design Standards: The applicant may provide any offsetting design features that may mitigate impacts of the variance requested, ALSo.lsec:; ~""e.l-r' 9. I"'" ,.-" ATTACHMENT 4 DRAC STANDARDS FOR GRANTING A VARIANCE The following standards will be used by the Design Review Appeal Board when granting variances from the "Residential Design Standards," The project as proposed must be found to meet one of the following: a) yield greater compliance with the goals of the Aspen Area Community Plan; or b) more effectively address the issue or problem a<,given standard or provision responds to; or ' c) v/' be clearly necessary for reasons of faimess related to unusual site specific constraints. _~\~ A: WR\1f'eIJ ex.p(..AAA1io~ CK wHy ""~~e>~ 'v'A2lAtlCe{S) *I.l> ge t:\~60 ~ ,~ ~ C1<\""$~I~ . _. ,,'" DY.~Ji!H ',,::> "''''; ",::>1"'1'1 WI:." I l'IH11~ "i ,,1:.1=. i l,HW yn 1l.i:." TO 1"II",IV.1Ul.,I J.~::r,.) .LI'C,JC:. 11'....11 .-".--., ...--...-,. ~ r"'\ J.:::"(I(;J':;;lo:::.;J:;l~':;l:;l l.o:::.U..l. ,~ November 2, 1995 Aspen/pitkin Community Development Dept. ~30 S. Galena st. Aspen., colorado 81611 ~E: Parcel A, otf Park Avenue at Aegent street To Whom it May Concern: As managing agent and attorney-in-fact for Colas Investments. LLC. c/o sylvio Tabet, 9718 \'Oak Pass ~oad.' Bav~rly Hills. CA 90210. Tel. no. (310)205-0406. I hereby authorize the attorney for Colas Investments. LLC. Paul J. Taadune, 323 West Main Street. Aspen, CO 81611. Tel., no. (970)925-9190 and Jan Derrinqton, Charles Cunnli!!e Architects, 520 East Hyman, Aspen, CO, Tel. no. (970)920-6825, to act on behalf of Colas Investments, LLC, with regard to development applications pertaining to that property conveyed by General Warranty Doed dated May 2, 1995" and recorded in the real estate records of pitki~ County May 3, 1995, in Book 779 at Page 900. very truly yours, Colas Investments, By: SylvJ.o T Manaqe~, A ent and Attorney-in- faot. ce: Sylvio Tabet . ~ 0 J:LlOZ o,H rn.:t: .0: 0, pjJ "-oE-<J:Ll OE-<~ ~~ H C) ~, ~~ ~t;;cr f~ ) o /!! '<, o ". ,tA~lbll b PAGE 1 P-6"/,,,,-, IZI:5/1Z1:3/9~3 Q19: 1(7)1 PG. 1. C...-.I,,3 TKIN COUNTY CLERK & RECO~ ~ FlEC 1.5.01" of 12 381Z191:13 B-'779 SILVIl'l DAVIS WARRANTY DEED ;nlls DEED, Made Ihis 200 day of May \ 1995 ,be(ween PETER HEINEMAN oClhe Jefferson and Stale of Colorado County of gra.ntot, and SYLVIa TABET, As Nominee for an Undi,sclosed Principal whoselcgaladdressls C/O Chris To1k, Reese Henry & Company Inc. 400 East Main Street, Aspen, Colorado 81611 of the .. County or Pitkin and Stale of Colorado . grantee: Ci: WrrNESSE11J,Th.(thegrantodorandlncons;dcralionorthesumor TEN AND OTHER GOOD AND VALUABLE CONSIDERA 1 TION--------------------------- ($10.00) --------------------..0--------------- DOLLARS, the receipt and sulllcicncy of whJch Is bereby acknowledged, has granted, bargained, sold and CQnvc~cd, and -by tbese presents docs granl, bargain, sell, convey and confirm, unto the grantee, his heirs and assIgns lorever, all the real properly together witb improvements, if any, silualc, tyIng aDd beJng in the County of Pitkin and Slate of Colorado descdbed a.s CoJJows: PARCEL A: A tract of land situated in the Sou~t ene-quarter of the Southaast cne--quarter of Secticn 7 and the Northwest ene--quarter of'the Norttvaast ene--quarter of Secticn 18, all in Tcwnship 10 South, Range 84 West of the 6th P.M. l;e:!ng a part of Tte !>b11ie Gibson IDde (U.S.M.S. No. 4281 lInEOOed) and part of Tte IDne Pine Lode (U.S.M.S. No. 1910), descr:ibed as fo11=: Beginning at Corner No. 3 of said !>blUe Gibson IDde; (Continued) , ' as known by slreet and number as: PARK AVENUE ASPEN (X)IJ)FJlJX) 81611 TOGh'TIlER wilh Ul and singular Ihe bereditamenls and appurtenances lh('rclo belonging, or in anywJsc appertaining, anellhe reversJon and reversJons, remafnder and remaJnders, rents, issues and profits lbercof, and all the estate, right, UUe, interest, claim and demand whatsoever of Ibe grantor, eJther in law or equity, of, in and 10 the above bargained premises, witl1the hereditaments and appurtenances. TO I1A VE AND TO nOLD Ihe said premises above bargained and described, wilh-lhe appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for himself, his heirs, and personal representatives, does covenant, granl, hargdn, and agree to and with Ihe grantee, his heirs \ and assigns, that at the time of the cnseal1ng and delivery of tbese presents,he is weU seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of Inhedtance, in law, in lee simple, and has good rJghl, full power and lawful authority to grant, bargain, sell and convey the same in manner and fonn as aforesaJd, and thai the same are free and clear from all former and other granls, bargains, sales, liens, tues, assessmenls, encumbrances and restrictions of whatever kiridor. nature soever, except th 0 s e ea semen t s) res e rv a t ions) restrictions and other matters,more,particu1atly described, in the Exhibit A attached ,hereto and made a pal:t hereof. l'lND except general real estate taxes for 1995 and subse~uent years which after adju?tment and proration as of the day hereof; Grantee ftssumes and agrees to pay. TIle grantor shall and wiJi WARRANT AND FOREVER DEFEND the above-bargained premises in the quiel and peaceable possession oC the grantee, lib heirs and assigns, agalnstall and every person or persons lawfully claiming the whole or any part thereof. The singular number shall Jnclude lhe plural, the pJurallJlc singular. and tbe use of any gender shall be applie<.ole 10 all geotlers. IN WITNESS WIlEREOF, the grantor has executed this deed on the date set Corth above. ~~ Ji'EI'ER HEINEMAN DOC '71..00 IV :>b ~ (" :. a: !lJ <S ::l " U1 0:: "" (', '" ~ , tJ '" r) >-' n, ~ , !lJ "" ~, o ::l ;lJ '" r) '" ~, <: '" D- e l~ "- (9 (.,1 "- '-0 l~ II '. ..... SlJ\11J OF Cd o~ '<'<, " } ~ , County or J c:. ((~: A s,~ The Iorc&oIng instrument was a~~gc:d before me this by Oe--~ ~1l.; I\~~ ' ss, c5l q +-.1:- My~co~misaioQ e:tpires. 1'1,; - d- '1 ' ", i9',:,~:vitl1ess my hand and oWcial seal. No. 9321\. RoY, 7~84 WnITlln(y Dc:t'd(1'or rholl)~rllrhlc R<<:ord) 403891 / psk EXHIBIT B Enter legal descr" ~.ien (=tinued) tOOn:::e North 3800-...00" East, 100.00 feet alcr.g Lin ..;-3 of said M:Jllie Gibson Lcx:Je to the llXJSt Westerly = of lot 2, Sunny Park Subdivisicn; tOOn:::e South 43040'00" East, 114.00 feet alcr.g he Southwesterly line of said Lot 2; tOOn:::e South 46' 20 1 00" tOOn:::e South 43040'00" tOOn:::e South 52040' 00" Gibson Lcx:Je; tOOn:::e North 34017'00" West, 6.86 feet alcr.g said Line 3-4 to the intersecticn with Line 2-3 of said Lone Pine I.cde; tOOn:::e North 44030'00" West, 92.80 feet alcr.g said Line 2-3 to CanEr No. 2 of said Lone Pine Lcx:Je; tOOn:::e North 45'30'00" East, 16.70 feetalcr.g Line 1-2 of said Lone Pine Lcde to the intersectien with Line 3-4 of said M:Jllie Gibson I.cde; tOOn:::e North 34 0 17 ' 00" West, 28.90 feet alcr.g said Line 3-4 to The Point of Eegi.nning PAGE 2 OF 12 West, East, West, 86.00 32.60 34.33 feet; feet; feet to a point cn Line 3-4 of said M:Jllie and also PARCEL B: A road easaIE!lt situated in the Southwest CXE-quar;ter of the Soutteast CXE-quarter of Sectien 7 and the Northwest CXE-quarter of the Nortteast CXE-quarter of Sectien 18, all in Township 10 South, Range 84 West of the 6th P.M., I:ei.nJ a part of M::>llie Gibson I.cde, D.S.M.S. No. 1910, and part of Lot 3, Sunny Park Subdivisien, being 20.00 feet in width lying 10.00 feet on each side of the follCMing described centerline; Eegi.nning at a point en the Southeasterly line of said Lot 3 wter.ce CanEr No. 3 of said M:Jllie Gibson I.cde bears NOrth 71'45'19" West, 298.26 feet; tOOn:::e 28.61 feet alcr.g the arc of a =ve to the right having a radius of 30.00 feet; tOOn:::e 42.00 feet alcr.g the arc of a =ve to the left having radius of 140.00 feet; tOOn:::e North 66055' 00" West, 57.00 feet; tOOn:::e 16.23 feet alcr.g the arc of a =ve to the right having a radius of 40.00 feet; tOOn:::e North 43 040 1 00" West, 32.00 feet to a point en the Southeasterly line of the Ban::ker prq:erty. 58tZl':/B.:! 6-779 P-90tZl 0S/tZl3J95 tZl~:i7A pG 2 OF 3 " ~ ' EXH1Gl I '--' COMMITMENT SOIEOOLE A G - ~A\:lt , I ji__ o UI" lc. l\~"'YB ElURRC1.'lS /o:'N & MJRSE ASPEN 514 El\ST HYMAN AVE, ASPEN CO 81611' 1. Effective Date: OC/dc April 4, 1995 at 7:00 AM Order No. 403891 -C4 Custaner Reference HEINEMAN 2. ALT.ll. Owner I s Policy Proposed Insured:, 1lm:Ju:nt: PAUL TJIOONE, rX:(1\ir~ for an urdisclosed prin::ipal 3. ALTA Loan Policies Proposed Insured: l\m::nmt: $ RAILROAD SAVIN3S BANK, FSE Proposed Insured: lllrount: $ 4. '!he estate = interest in the land des=ibed = referred to in this Ccmn:l:t:na>t and =vered herein is: FEE SIMPLE and title thereto is at the effective date hereof vested in: PErER HEINEMAN .i. I issued by: Aspen Title COrporation 600 E. Hopkins Avenue, 11305 Aspen Co., 81611 Fax (303) 920-4052 (303) 920-4050 Denver 595-8463 I , I 0Wner'.s Premium: $ Lenjer's Premium: $ , Add'l Lenjer Chg: $ Add'l Charges: $ Tax Certificate: $ Endorsenent Chg: $ 1'BD Charges: ' $ TCJ1'AL OillRGES: $ FIRST AMERICAN TITLE INSIJRl\NCE ffiJJFANY ,> .-, > , COMMITMENT . EXHIBIT B..:, PAGE 6 OF 12 "..) , SOlEOOLE A (cx:ntinued) Plat id No. Order No. 403891 -C4 ~ '!he land refen::ed to in the', Cam1i tment is =vering the land in the State of Csl=ado, County of PH:kin , des=ibed as fol19"'s: PARCEL A: A tract of land situated in the Southwest one-quarter of the Southeast one-quarter of Section 7 and the Northwest pne-quarter of the N:Jrtheast one-quarter of Section ,18, all in Township 10 South, Range 84 West of the 6'th P.M. being a part of '1118 Mollie Gibson Lode (U.S.M.S. No. 4281 AmeOOed) and part of 'I1:Je Lone Pine Lode (U.S.M.S. No. 1910), desccibed as follews: Beginning at Corner No. 3 of said Mollie Gibson Lode; , then::e North 38'00'00" 'East, 100.00 feet along Line 2-3 of said Mollie Gibson Lode to the IIDst Westerly =rner of Lot 2, Sunny Park Subdivision; then::e sOuth 43' 40' 00" Eas't, 114.00 feet along he Southwesterly line of said Lot 2; then::e South 46'20'00" West. 86.00 feet; then::e &;>uth 43040'00" East, 32.60 fee't; thence South 52040'00" West, 34.33 feet to a point on Line 3-4 of said Mollie Gibson Lode; then::e North 34'17'00" West, 6.86 feet along said Line 3-4 to the intersection with Line 2-3 of said Lone Pine Lode; thence North 44030'00" West, 92.80 feet along said Line 2-3 to Corner No. 2 of said Lone Pine Lode; thence,North 45'30'00" East, 16.70 feet along Line 1-2 of said Lone Pine Lode'to tl18 intersection with Line 3-4 of said Mollie Gibson Lode; thence North 34' 17' 00" West, 28.90 feet along said Line 3-4 to 'I1:Je Point of Beginning and also PARCEL B: A road easenent situated in the Southwest one-quarter of the Southeast one-quarter of Section 7 and the Northwest one-quartet of the Northeast one-quarter of Section 18, all in Township 10 South, Range 84 West of the 6th P.M., being a part of 1'1:>1lie Gibson Lode, D.S.M.S. No. 1910, and part of Lot 3, Sunny Park Subdivision, being 20.00 feet in width lying 10.00 feet on each side of the follCMing desccibed centerline; Beginn:in9 at a point,on the Southeasterly line of said Lot 3 wberX2 Corner No. 3 of said M:>llie Gibson Lode bears North 71' 45 ' 19" West, 298.26 feet; thence 28.61 feet along the arc of a CUIVe to the right having a radius of 30.00 feet; I : (Continued) I FIRST AMERICAN TITLE INSURANCE CCMPANY ,~...~..." --~...-......,........-..,.." ,~""~\1t"~' .' r"'\ ,EXHIBIT B, ~AGE 7 OF 12 i ' (continued) Order No. 403891 ~ LEGI\L DESOUPl'ION ~ , ~ 42.00 feet along the arc of a curve to the left. having radius of 140.00 feet; " then::eN:Jrth 66'55'00" West, 57.00 fee't; then::e,16.23 feet along the arc of a curve to the right having a radius of 40.00 feet; then::e'North 43'40'00" West, 32.00 feet to a poirrt on the Southeasterly line of the Ban::::ker property. I, \ I, \, " \ FIRST l\MERIC1\N TITLE INSlJRI'IN::E CX:MPANY -C4 ,'-;" EXHIBIT B - PAGE 8 OF 12 . ..,' 1....'\ COMMI'rMENT SOlEDULE B Order No. 403891 -C4 Section 1 REWIREMEN1'S 'lliE FOLLCMJNG lIRE 'lliE ~ TO BE ax-JPLIED WITH: Item (a) payrrent to or for the a=unt of the grantors or l1'Ortgagors of the full =ideration for the es tate or interest to be insured. Item (b) Proper :lnstrument(s) creating the estate or interest to be insured must be executed and duly filed for =rd, to wit: 1. Deed fran PETER HEINEMAN to PAUL TADUNE, as naninee for an undisclosed prin:::ipal. NJrE: Duly executed real property ,transfer declaration, executed by either the Grantor or Grantee, to a=npany the Geed nentioned above, pursuant to Article 14 of House Bill No. 1288 - alA 39-14-102. 2. Deed of T:rus't fran PAUL TADUNE, naninee for an undisclosed principal Public Trustee of Pitkin County for the use of RAILROAD SAVIl'-K>S BANK, to secure $250,000.00 . ' to the FEB, 3. EViden:::e satisfactory to the Canpany or its duly authorized', agent either (a) that the "real estate transfer taxes" imposed by Ordinarx::e No. 20 (Series of 1979), and by Ordinan:::e No. 13, (Series of 1990). of the City of !\spen, Colorado have been paid, and that the liens imposed thereby have been fully satisfied, or (b) that Certificates of Exemption have been issued pursuant to the proviSiOns thereof. NJrE: Vestee subject to C.R.S., 38-30-108, 1973, as ~nended. A CERTIFICATE OF TAXES DUE LISTING EAQI TAXING JURISDIcrION SHALL BE OBTAINED FRCM 'TIlE' COUNI'Y TREASURER OR TIlE COUNI'Y TREASURER'S AUTHORIZED AGENT RJRSUANr 'KJ 1983 C.R.S., 39-1-102 (14.5) AT A OlARGE OF $10.00 EAOI 'KJ TIlEaJSTCMER.a THE CWNERS POLICY, WIlEN ISSUED, WILL cx)NTAIN 'TIlE FOLI.CWING ENlXlRSEMENT FORM( S), PROVIDED THAT APPLICABLE SOlEDULED OIARGES IN 'l'l-IE AM:lUNT( S) FOLI:.O/IING EAOI ENlXlRSEMENT ARE PAID 'KJ THE ax-JPANY OR I'IS DULY AUTHORIZED AGENT. 8.1' $30.00. FIRST AMERICAN TITLE INSURAN:E CCMPl\NY " ,,-, ,EXHIBIT B'~AGE 9 OF 12 COMMITMENT srnEDULE B Sectiotl 2 EXCEPTIONS ,'Order No. 403891 -C4 'lhe, policY ar policies to' be issued will oontain exceptions to the following matters unless the same are disposed of to' the satisfaction af the Cc:npany: Any loss or damage, including attorney fees, by reaJ?On of the matters shown below: I 1. Any facts, rights, interests, or claims which are not shown by the public records but which muld ascertaira:! by an inspection of said land ar by making inquiry af persons in possession ~f. 2. Easements or: claims of easerrents, not shown by the public records. 3. ,Discrepancies, mnflicts in boundary lines, shortage in area, encroachnents, and any other facts which a m=t survey would disclose and which are not shown by the public records. 4. Any lien, or righ,t to a lien for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. ' 5. Defects, liens, encumbrances, adverse claims = other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date , hereof, bu't prior to the date the proposed insured aCXJUires of record for value the estate or interest or ITOrtgage ~n covered by this Conn! Ullent. 6. Taxes due and payable; and any tax, special assessrrents, charge or lien imposed for water or sewer, service, or for any other special 'taxing district. 7. Right of the Proprietor of a Vein or Lcde to extract and renove his ore therefran, should the sane be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded May 20, 1949, in Book 175 at Page 169 and " in Book 175 at Page 171. 8. Any and all mining and mineral rights as reserved in the Deed fran The Lore Pine Mining Canpany to Harry W. Poschman and Jane E. Poschman recorded November 10, 1958, in, Book 185 at Page 492. '" \ 9. Water Agreerrent between 'Johrl L. Herron and The Royal Land Corporation recorded ~riber 20, 1964, in Book 210 at Page 206. .0. Any rights, interests or easements in favor of the State of Colorado, the United states of America, or the general public, which exist or are c1a:iJred to exist in, over, under and/or across the waters and present and past bed and banks of The Roaring Fork River. ,1. Vestee Subject to C.R.S. 38-30-108, 1973, as amanded. (Continued ) i I 'IRST AMERICAN TITLE INSURANCE o::MPANY ...-... EXa:PTIONS (=tinued) 2., hr;r and all unredeerred' tax sales. . EXHIBIT Bt"""f'AGE 10 Ui Order No. 403891 12 -C4 i. NJI'E: Upon receipt of a Certificate of Taxes Due eviderx::ing that there are IXl existing open tax sales, the above exception will IXlt ,appear on the policies to be issued hereunder. 'IRST ,AMERICAN TITLE INSURAN::E CCMPANY ;. , , I ..~ .. .. w ." I' '("""\ '-. . E.XHIBITit""'j PAGE 11 OF 12 DISCLOSURE STATEMENT REQUIRED BY COLORADO REVISED STATUTES ~10-11-122 Colorado Revised Statutes 91 0-11-122 requires that "every title insurance agent or title insurance company shall proyide, along with each title commitment issued, a statement disciosing the following information: (al That the subject real property may be iocated in a special taxing district; (b) That a certificate of taxes due listing each taxing jurisdiction may be obtained from the county treasurer or the county treasurer's authorized agent; (c) That information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder or the County Assessor," ..,i. i I , .,,'1' 1'("""\ EXHIBIT B - PAGE 12 Of U 1-.",. .':E TO PROSPECTIVE BUYEn_ r , OF SINGLE FAMILY RESIDENCES (PURSUANT TO INSURANCE REGULATION 89-2) A "GAP" PROTECTION When First American Title Insurance Company or its authorized agent, (hereinafler referred to as "Com- pany"), Is responsible for recording or filing the legal documents creating the estate or interest to be Insured in a single family residence and for disbursing funds necessary to compfete the transaction, the Company shall be responsible for any deeds, mortgages, lis-pendens, liens or olher lilfe encumbrances which first appear in the public records subsequent to the Effective Dale of the Commitment but prior to the Effective Date of the . Policy, provided the following conditions are satisfied prior to the Company's disbursement of the funds: 1. Properly executed documents creating the estate or interest are in the possession of the Company. 2. A fully -executed Affidavit and fndemnity form signed by the seller and satisfactory to the Com- pany Is In the possession 6f the Company. . No Coverage will be afforded against deeds, mortgages, lis-pendens, liens or other title encumbrances ac- tually known to the proposed .Insured prior to or at the time of recordation of the documents. '. . .Eubflc.8ecords as used herein means those records established under state statutes for the purpose of Imparting constructive notice of deeds, mortgages, lis'pendens, /fens or other title encumbrances to purChasers for value and without knowledge. B. MECHANICS' LIEN PROTECTION If you are a buyer' of a single family residence, you may request coverage against loss because of unrecorded claims asserted by construction, labor or material suppliers against your home. . If no construction, improvements or major repairs have been undertaken on the properly to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will be payment of the appropriate premium and the execution by the seller of an Affidavit and Indemnity form satisfactory to the Company. '. If-tner.e.!lavabeen c;onstruction, Improvements or major repairs undertaken on the properly to be pur- chased, within six months prior io the Dille of the Commltment,.thef'8qulrements to obtain. coverage for unrecorded liens will Include: disclosure of certain construction information; financial information as to the seller, the builder and/or the contractor; payment of the appropriate premium; fully exeotled Indemnity Agreements satis- factory to the Company; and, any additional requirements as may be necessary after an examination of the aforesaid Information by the Company. , -.~_._,._...~-~-....:- No coverage will be given under any circumstances for labor or material for which you have contracted or agreed to pay. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED. ' I I (Commitment Nollee) orado /""", CHARLES CUNNIFFE ARCHITECTS 520 E. HYMAN SUITE 301 ASPEN, CO 81611 PHONE (970) 925.5590 . FAX (970) 925-5076 LETTER OF TRANSMITTAL ("""\ ~. ~~ ARCHITECTURE PLANNING INTERIORS JavwtU' Deti~~ Q,\__ , ~vt., t- .,.s~ DATE: G>~30~& FROM: TO: M1.ft:.~ H'Ol'3 ~ PROJECT: COMPANY: ()IIMWltAAin. ~~~~JOB #: ADDRESS: ~~ ~ db TELEPHONE: , ' REGARDING: ~~.~. c., f-\.e"'i)1"~ ~hc.'Il'''.i~", WE ARE SENDING: )(t.llached VIA ~ following items: o Shop drawings 0 Prints [] Computer Disc(s) DESCRIPTION: o Specifications [] Copy ot Leller [] Samples [] Change order )!(other " eor'tlS O.p Arplti.4a.C"\ POG<<.(~.Js [] Approved as submitted TRANSMITTED AS: [] For approval REMARKS: BY: COPY: ~oryouruse [] Approved as noted [] As requested [] Returned tor corrections o Review & Comment D Resubmit _ copies tor approval [] Submit _ copies for distribution 19 o Prints returned 0 Prints returned aller loan to us D Return _ correc:ted prints o For bids due D Other . 1""\ 1""\ 1<( 010 . ,------- I" -------~-- r-- I --------., ___..l ,'" I , I , ' , I I ' I I I ' I I I I I I I I I I I I I I I I L_ I ___, I , I , I , I I I I I I I I . ~ ~ J-;; :E <..> Q:: ~ ~ !:S ~ ~ <..> ~ ~ ~ <..> II I~ II ;. ;, 8- f8 .1 ,. ~~ II !. 51 ~ ~ ~ ~ ~.~ o' .:dl I . 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