HomeMy WebLinkAboutcoa.lu.sr.Lacet Number 3.A9195
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CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 8 125/95
DATE COMPLETE:
PARCEL ID AND CASE
2737-181-48-003
STAFF MEMBER:
NO. 3 DRAB
SUBDIVISION. LOT 3 ASPEN
NO.
A91-95
AA
PROJECT NAME: LACET
Project Address: LACET
Legal Address:
APPLICANT:
Applicant Address:
REPRESENTATIVE:
Representative Address/Phone:
LACET NO. 3 INC.
P. O. BOX 8909 ASPEN
JOEL BARNES
P. O. BOX 8909
Aspen. CO 81611
927-1460
927-1460
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FEES: PLANNING
ENGINEER
HOUSING
ENV. HEALTH
TOTAL
$
$
$
$
$
# APPS RECEIVED 8
# PLATS RECEIVED 8
TYPE OF APPLICATION: STAFF APPROVAL: 1 STEP: 2 STEP:
P&Z Meeting Date PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
CC Meeting Date PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
DRC Meeting Date
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REFERRALS:
City Attorney
City Engineer
Housing Dir.
Aspen Water
City Electric
Envir.Hlth.
Zoning
DATE REFERRED:
Parks Dept.
Bldg Inspector
Fire Marshal
Holy Cross
Mtn. Bell
ACSD
Energy Center
School District
Rocky Mtn NatGas
CDOT
Clean Air Board
Open Space Board
Other
Other
INITIALS:
DUE:
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_ City Atty
_ Housing
_ City Engineer
_ Open Space
_Zoning _Env. Health
Other:
FILE STATUS AND LOCATION:
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MEMORANDUM
TO:
Design Review Appeals Board
FROM:
Dave Michaelson, Planner
DAlE:
August 28, 1995
RE:
Lacet Subdivision Lot 3 - Appeal from Design Standards
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SUMMARY: The applicant is requesting a variation from the design standards regarding
driveway placement below grade. The design standard for driveways states that "no portion of a
driveway to a garage shall be below the natural grade within the required front yard setback"
The application is attached as Attachment A, a site and drainage plan for the subdivision as
Attachment B, a site plan for Lot 3 as Attachment C, and photographs of adjacent driveway cuts
as Attachment D,
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The Committee may grant an exception to the design standards for any of the following criteria:
a) yield greater compliance with the goals of the Aspen Area Community Plan;
b) more effectively address the issue or problem a given standard or provision responds to;
c) clearly necessary for reasons of fairness related to unusual site specific constraints,
APPLICANT: Lacet 3 Inc" Represented by Joel Barnes
LOCATION: Lot 3, Lacet Subdivision
ZONING: AH
STAFF COMMENTS:
I. Background. During staff review for compliance with Ordinance 30 Design Guidelines,
staff indicated that the driveway cut was not in compliance with the above-cited standard regarding
below-grade alignment of driveways within the front setback Therefore, the applicant has
submitted an application for review and appeal of the Design Standards,
II. Site Description - The property is approximately 8,970 square feet (,206 acres), Total
relief on the site is approximately 12 feet, trending south-southwest across the lot (see grading and
drainage plan),
III. Proposal - The proposed driveway requires approximately two feet of cut within the
required front yard setback to access the site, The rough grading has been completed (see photos),
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The garage entrance is perpendicular to tile street front, consistent with applicable elements of the
Design Guidelines, This makes access at-grade difficult due to the directional orientation of tile
natural contours on the site,
IV. Recommendation. Due to small lot size and the requirement regarding orientation of the
garage, accessing tile site at-grade within tile required front setback does not appear possible, All
lots within the subdivision have similar topographic constraints, and have required variances for
driveway cuts, Lots 1, 5, and 7 have all required extensive modification from natural grade to
access building sites (see photos), Staff would suggest that criteria 3 ("clearly necessary for
reasons of fairness related to unusual site specific constraints") is applicable to this application,
RECOMMENDED MOTION: "I move to grant a variation of tile Residential Design Standards
for a below-grade driveway within the required front setback, finding that the cut is clearly
necessary for reasons of fairness related to unusual site specific constraints,"
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August 20, 1995
To: City of Aspen
Planning and Zoning Dept.
From: Lacet No.3, Inc.
P.O. Box 8909
Aspen, Colorado 81612
(970) 927-1460
To Whom It May Concern:
Joel D. Barnes is the representative authorized to act on
behalf of the applicant, Lacet No.3, Inc., and can be
contacted at the same address and telephone number shown
above.
Explanation of Requested Variance:
The requested variance seeks approval to install the
driveway approximately two feet below natural grade.
The variance would be appropriate for the reasons that
follow.
(1) Any other location for the driveway would create a
longer driveway and would disturb more of the natural grade.
(2) The garage is perpendicular to the street; we have
turned the driveway into the garage in a manner that very
little will be seen.
(3) Since the lot is very small (0.206 acres) there
is simply no other way to provide a driveway than to seek a
variance, and, in this case, the variance is very small, only
two feet.
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'Exhibit B
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AND QRAiNAGE PLAN
GRADING
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Exhibit C
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Exhibit D
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ExhibitD
8 foot cut for drive
this lot is directly across from lot 3
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CHECKLIST/SUBMISSION REQUIREMENTS
The following drawings, each with an Integral check-list, be required for approval, In order to
asses3 conformance with the design stand.ards and code provisioN described above.
Sheet 1.
Sheet 2.
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Sheet 3.
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Sheet 4.
Reqlllre<l Drawinga
Neighborhood Block Plan at 1 N .. 50'.
Show front portions of all ex.lst:lng buildings on both sides ot the block and
their setback from the street. in feet. Identify parking and tr9flt entry for each
building. Locate accessory dwelllng units and alleys, If any.
Design SW\dudl
Check that the (ollowing Infonnation about your project is dearly indicated on
the accompanying drawing:
[ J B\.1Uding Orientation
I ] Build-To lines
Requlred Dnwings
Site Plan a'I/16". 1'0",
Show ground floors of aU project buildings, and footprints of adjacentbuUdings
(or a distance of at least 100 feet from side property lines. Show topography
with 2' conto'ulS.
FAR Calculations
Density Zone:
Site Dimensions in Feet:
FAR Site Area
(a) Site Area with Slopes Less than 20%:
(b) Site Area with Slopes Between 21).3()%:
(e) Site Area with Slopes Over 30%:
Total FAR Si.. Area (a + SO%b):
Total Allowable Floor Area:
Project Floor Area _
(a) Primary Mass Calculation:
(b) Volume Calculation:
(c) Garage Calculation:
(d) Balconies, Porches Decks and Loggias Calculation:
(e) Accessory Dwe11lng Unit and Unlcod PavUlon Calculation:
Total Project ~r Area:
Delign Stand.ard,
Check that the {oHowing In(ormation about your proje(t is clearly lndkated on
the accompanying drawing:
! ] Primary Mass
f } Exterior expression of volume:' plate height:!
I J Width olotree'laelng garage/width of house (%)
[ ) Garage recessed behind Iron'lacade (lee.)
[ J Driveway at' grade withIn (ront setback
( 1 No areaways. llghtwelb and/or stalrWells projecting beyond street (acing
building lacade{.)
I J Stree. orienbld entry
[. J Street tadng'''rincipaJ window
! J One story stree. /acing elemen.
[ ) Inflection
[ J Buildlng Orientation
[. J Bulld.T~ lines
Rliqulred ,DnwingJ
L Street ElevatiOn at 1/16'" =1'0"
Include elevations of the proposed project and at least two adjacent buildings on
both sid.., Include windows, fron. doors and rool Uno.
2. Additional Project ElevalioN at l/S" -l'tY" (as needed).
Check thaUhe following information 'about your project is clearly indicated on
the, accompanying drawing:
! J Sln!<.-oriented entry
[ J Street-faCing prindpalwindow
( I One story street facing element
[ l Inflection towards adjacent buildings
[ J Height Calcl.!-Iation
Photographic' pi.nori.m~,
Photographk p&rIoramashouldshow elevations of all buildings on both
sides 01 yourblock, includIn2Present conditions of yoU( building sl're.
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August 20, 1995
To: City of Aspen, Colorado
Planning and Zoning Dept.
From: Joel D. Barnes, President
Lacet No. 3 Inc.
970-927-1460
Applicant Name: LACET NO.3 INC.
P.O. BOX 8909
ASPEN, COLORADO 81612
LEGAL DESCRIPTION: LOT 3 , LACET SUBDIVISION
ASPEN, COLORADO 81611
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August 20, 1995
To: City of Aspen
Planning and Zoning Dept.
From: Lacet No.3, Inc.
P.O. Box 8909
Aspen, Colorado 81612
(970) 927-1460
To Whom It May Concern:
Joel D. Barnes is the representative authorized to act on
behalf of the applicant, Lacet No.3, Inc., and can be
contacted at the same address and telephone number shown
above.
Explanation of Requested Variance:
The requested variance seeks approval to install the
driveway approximately two feet below natural grade.
The variance would be appropriate for the reasons that
follow.
(1) Any other location for the driveway would create a
longer driveway and would disturb more of the natural grade.
(2) The garage is perpendicular to the street; we have
turned the driveway into the garage in a manner that very
little will be seen.
(3) Since the lot is very small (0.206 acres) there
is simply no other way to provide a driveway than to seek a
variance, and, in this case, the variance is very small, only
two feet.
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,~ EXCLUSIONS FROM COVERAGE .1")
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attomeys' fees or expenses which
arise by. reason of:
1. (a) Any law, ordinance or govemmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting
or relating to 0) the occupancy, use, or enjoyment of the land: (i1) the character, dimensions or location of any improvement now or hereafter erected on the
land; Oil) a separation in ownership ora change in the dimensions or area of the land or any parcel of which the land Is or was a part; or (iv) environmental
protection, or the effect of any violation of these 'Jaws, ordinances or governmental regulations, except .to the extent that a notice of the enforcement thereof
or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded In the publiC records at Date
of Policy.
(b) Any govemmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice' of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any
taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for vaiue without knowledge.
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, nOlrecorded in the public recor~s at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company
by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) reSUlting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the Insured claimant had paid value for the estate or interest insured by this policy.
4. Any claim, which arises out of the transaction vesting in the Insured the estate or Interest insured by this policy, by reason of the operation of federal bankruptcy,
state insolvency, or similar creditors' rights laws, that is based on:
(i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(i1) the transaction creating the estate or interest Insured by this policy being deemed a preferential transfer except where the preferential transfer results from the
failure: .
(a) to timely record the instrument of transfer; or
(bl of such recordation to impart notice to' a purchaser lor value or a judgment or lien creditor.
CONDITIONS AND STIPULATIONS
1. OEFINmON OF TERMS.
The following terms when used in this policy mean:
(a). 'insured': the Insured narned in Schedule A, and,
subject to any rights or defenses the Company would have
'ad against the named insured, those who succeed to the
interest of the named insured by operation of law as
distinguished from purchase Including. but not limiled to,
,eirs, d'lstributees, devisees, survivors, personal representa-
tIves, next of kin, or corporate.or fiduciary successors.
(b) 'insured claiman!": an insured claiming ioss or
damage.
(c) 'knowledge' or 'known': actual knowledge, not
constructive knowledge or notice which may be Imputed to
an insured by reason of the public records as defined in this'
ooncy or any other records which Impart constructive notice
of matters affecting the land.
(d) 'and': the land described or referred to In
Schedule (Al, and improvements affixed therefo which by law
consliMe real property. The term 'land" does not Include any
property beyond the lines of the area 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,
(eJ 'mortgage': mortgage, deed of trust. trust deed,
or other security instrument .
(n 'public records': records established under state
statutes at Date of Policy for the purpose of imparting
constructive notice of matters relating to real property to
purchasers for value and without knowledge. WiIh respect to
Section 1 (a)(lv) of the Exclusions From Coverage, 'public
records' shall also incude environmental proteclion liens filed
in the records of the cieri< 01 fhe Unlled States district court
for the district in which the land Is located.
(g) 'unmarketabllllY of the title': an alleged or
apparent matter affecting the title to the land, not excluded or
excepted from coverage,which would enlilie a purchaser of
the estate or Interest described in Schedule A to be released
from the obligation. to purchase by virtue of a contraclual
condition requiring the delivery of marketable title.
2. CONTINUATION OF INSURANCE AFTER
CONVEYANCE OF mLE.
Jhe coverage 01 this polley shall continue In force as
nf n~fp nf Pnlirv in bvnr nf ::In jl'\<:lIrp(i nrilv <::n Innn ::Ie: Ii'll>
by this policy which constitutes the basis of loss or damage
and shall state, to the extent possible, the basis of calculating
the amount of the loss or damage. If the Company is
prejudiced by the tailure of the insured claimant to provide the
required proof of loss or damage, the CompanY's obUgations
to the Insured under the poliCY shall terminate, including any
liability or obligation to delend, prosecute, or continue any
litigation, with regard to the matter or matters requiring such
proot ot loss or damage. .
In addition, the insured claimant may reasonably be
required to submit to examination under oath by any
authorized representative of the Company and shall produce
for examination, inspeCtion and copying, at such reasonable
times and places as may be designated by any authorized
representative of the Company, all records, books, ledgers,
checks, correspondence and memoranda, whether bearing a
date before or after Oate of Policy, which reasonably pertain
to the loss or damage. Further, If requested by any authorized
representative of the Company, the Insured claimant shall
grant lis permission, in writing, for any authorized rep,
resentative Of the Company to examine, Inspect and copy all
records, books, ledgers, checks, correspondence and memo
oranda in the custOdy or control of a third party, which
reasonably pertain to the loss or damage. All Information
designated as confidential by the insured claimant provided
to the Company pursuanl to this Section shall not be
disclosed to others unless, in the reasonable ludgment of the
Company, ills necessary in the administration of the claim,
Failure ot the Insured claimant tosubmil for examination
under oath, produce other reasonably requested information
or grant permission to secure reasonably necessary informa..
lion lrom third parties as required in this paragraph, unless
prohibited by law or govemmental regulation, shalltermlnate
any liability of the Company under this polley as to that claim.
B. OPTIONS TO PAY OR OTHERWISE SETIlE CLAIMS;
TERMINATION OF UABIUTY.
In case of a claim under this policy, the Company shall
have the following additional options:
(a) To Payor Tender Payment of the Amount 01
Insurance. .
To pay or tender payment of the amount of insurance
under this policy together with any costs, attorneys' fees and
expenses Incurred by the insured claimant, which were
authorized by the Company, up to the time of payment or .
tender of payment and which the Company Is obilgated to
pay.
Upon the exercise by the Company 01 this option, all
for any loss or damage caused thereby.
(b) In the event of any litigation, including litigation b\
the.Company or with the CompanY's consent, the Compan~
shall have no liability for loss or damage until there has bee,
a. final determination by a court of competent lurisdiction
and dlsposillon of all appeals therefrom, adverse to the titl.
as insured.
(c) The Company sh?1I not be liable for loss 0
damage to any Insured for liabllllY voluntarily assumed by tht
insured In settling any claim or suit without the prior writtel
. consent of the. Company.
10, REDUCTION OF INSURANCE; REOUCTlON OR
TERMINATION OF UABILITY.
All payments under this poUcy;except payments madi
for costs, attorneys' fees and expenses, shall reduce th
amount of the insurance pro tanto.
11, UABILITY NONCUMULATIVE,
It is expressly understood that the Amount of In
suranee under this poUey shall be reduced by any amount tht .
Company may pay under any policy insuring a mortgage I.
which exception is taken in Sche<lule B or to which tht
Insured has agreed, assumed, or taken subject, or which i,
hereafter executed by an insured and which is a charge 0
Uen on the estate or interest described or <aferred to il
Schedule A, and the amount so paid shali be deemed ..
payment under this policy to the insured owner,
12. PAYMENT OF tOSS.
(a) No payment shall be made without producing th;, .
policy for endorsement of the payment unless the policy h.,
been lost or destroyed, in which case prool of loss c
destruction shall be furnished to the satisfaction of th,
Company.
(b) When liability and the extent of loss or damage ha,
been definllely fixed in accordance with these Conditions ant
Stipulations, the loss or damage shall be payable within 3(
days thereafter.
, 3. SUBROGATION UPON PAYMENT
OR SETIlEMENT,
(a) The CompanY's RighI of Subrogation.
Whenever the Company shall have senled and paid
...l...;~ ,....-1,.. ....;~ ~^,:~.. ~".:...... ~, ~.,~____I....,_ ..'.." .....
;SU(ed sh'all ~ve liabllitybyreasonofeovenants of warra~;V'cimpanyCl fa;' ~anceilation Ul.O II I
'lade by the Insured In any ttans1er or conveyance Of f "I r .! '. . <
.state or Interest. This policy shall not continue in force." (b) To Pay or Otherwise Settle WrtIlParties Otherth_
,"or ct any purchaser from the insured of eilher (I) an estate the Insured or With the Insured Claimant. .
,r Interest in the land, or (II) an Indebtedness secured by a (I) to payor otherwise settle With otheryartles for
,urchase money mortgage given to the insured. or in. the name, of an Insured claimant any claIm Insured
against under this polley, together wilh any costs, attorneys'
fees and expenses Incurred by the Insured claimant which
were authorIZed by the Company up to the time of payment
and which the Company is obligated to pay; or
(Ii) to payor otherwise settle with the Insured
claimant the loss or damage provided for under this policy,
together wilh any costs, attorneys' fees and expenses
incurred by the insured claimant which were authonzed by the
Company up to the time of payment and which the Company
Is obligated to pay.
Upon the exercise by the Company of either of the
options provided for in paragraphs (b)(i) or (Ii), the Com.
pany's obiigations to the insured under this policy lor the
claimed loss or damage, other than the payments required to
be made.. shall terminate, inciuding any liability or obligation
to defend, prosecute or continue any litigation.
I.
NOTICE OF CLAIM TO BE GIVEN BY
INSURED CLAIMANT,
Tlie Insured shall notify the Company promptly In
'Iriting (I) in case of any litigation as set forth in Section 4(a)
,eloy;, (Ii) In case knowledge shall come to an Insured
lereunder of any claim of titie or Interest which is adverse to
he titte to the estate or interest as Insured, and which might
;ause ioss or damage for which the Company may be liable
,y virtue of this policy, or Qli) If title to the estate or interest,
IS insured, is rejected as unmarketable. If prompt notice shall
lot be given to the Company. then as to the insured all liability
If the Company shall terminate wilh regard to the matter or
natters for which prompt notice is required; provided,
lOwever, that failure to notify the Company shall In no case
Jrejudice the rights of any insured under this policy unless
.he Company shall be prejudiced by the failure and then oniy
o the extent of the prejudice.
4. OEFENSE AND PROSECUTION OF ACTIONS;
OUTY OF INSUREO CLAIMANT TO COOPERATE.
(a) Upon written request by the insured and subject to
,he options contained In Section 6 of these Conditions and
Stipulations, the Company, at i1s own cost and without
unreasonable delay, shall provide tor the defense of an
Insured in litigation in which any third partY asserts a ciaim
adverse to the tilie or interest as insured, but only as to those
stated causes of action alleging a defect, lien or en-
cumbrance or other matter insured against by this policy. The
Company shall have the nght to select counsel of lis choice
(subject to the right of the insured to object tor reasonable
cause) to represent the insured as to those stated causes of
action and shall not be tiable for and will not pay the fees of
any other counsel. The Company wiil not pay any fees, costs
or expenses Incurred by the insured In the defense of those
causes of action which allege matters not Insured against by
this policy.
(b) The Company shall have the right, at its own cost,
:0 institute and prosecute any action or proceeding or to do
any other act which in tts opinion may be necessary or
desirabie to establish the title to the estate or interest as
Insured, or to prevent or reduce loss or damage to the
Insured. The Company may take any appropnate action under
the terms of this polley, whether or not d shall be liabie
hereunder, and shall not thereby concede liability or waive
any provision of this policy. If the Company shall exercise its
rights under this paragraph, it shall do so dillgentiy.
(c) Whenever the Company shall have brought an
action or interposed a defense as required or permitted by the
provisions of this policy, the Company may pursue any
litigation to final determination by a court of competent
jurisdiction and expressly reserves the right, in its sole
discretion, to appeal from any adverse judgment or order.
(d) 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 shall secure to the
Company the right to so prosecute or provide defense In the
action or proceeding, and all appeals therein, and permit the
Company to use, at its option, the name ofthe insured forthis
purpose. Whenever reQuested by the Company, the insured,
at the CompanY's expense, shall give the Company all
reasonable aid (i) in any action or proceeding, securing
evidence, obtaining wdnesses, prosecuting or defending the
action or proceeding"or effecting settlement, and (ii) in any
other lawful act which In the opinion of the Company may be .
necessary or desirable to establish .the title to the estate or
Interest as insured. If the Company Is preiudlced by the failure
of the insured to furnish the required cooperation, the
CompanY's obligations to the insured under the polley shall
terminate, including any liability or obligation to defend,
prosecute, or continue any litigation, wilh regard to the matter
or matters requiring such cooperation.
5. PROOF OF tOSS OR DAMAGE.
In addition to and after the notices required under
Section 3 of these Conditions and Stipulations have been
provided the ComRany, a proof of loss or damage signed and
sworn to by the Insured claimant shall be furnished to the
Comoanv within 90 days after the insured claimant shalt
DETERMINATION, EXTENT OF LIABILITY
AND COINSURANCE.
This policy is a contract of indemnity against actuai
monetary loss or damage sustained or incurred by the
insured claimant who has suffered loss or damage by reason
'of matters insured against by this poiicy and only to the extent
herein described.
(a) The liability of the Company under this policy shall
not exceed the least of:
(i) the Amount of Insurance stated In Schedule A;
7.
or
(iI) the difference between the value of the insured
estate or Interest as Insured and the vaiue of the insured estate
or interest subject to the defect, lien or encumbrance insured
against by this policy.
(b) In the event the Amount of Insurance stated In
Scheduie A at the Date of Polley Is iess than BO percent of
the vaiue of the insured estate or Interest or the tuil
consideration paid for the land. whichever is less, or if
subseQuent to the Date of Policy an Improvement is erected
on the land which Increases the value of the Insured estate
or Interest by at least 20 percent over the Amount of
Insurance stated in Schedule A, then this Policy Is subject to
the following:
(i) where no subsequent improvement has been'
made, as to any partial loss, the Company shall only pay the
loss. pro rata in.the proportion that the Amount of Insurance
at Date of Policy bears to the total value of the Insured estate
or Interest at Date of. Polley; or (ii) where a subsequent
improvement has been made, as to any partial loss. the
Company shall only pay the loss pro rata in the proportion that
120 percent of the Amount of Insurance stated In Schedule
A bears fa the sum of the Amount of Insurance stated In
Schedule A and the amount expended for the improvement.
The provisions of this paragraph shall not apply to
costs. affomeys' fees and expenses for which the Company
is liable under this policy, and shall oniy apply to that portion
of any loss which exceeds, in the aggregate, 10 percent of
the Amount of Insurance stated in Schedule A.
(c) The Company wili pay oniy those costs, attorneys'
fees and expenses incurred in accordance with Section 4 of
these Conditions and Stipulalions.
B, APPORTIONMENT.
If the land described in Schedule (A)(C) consists of two
or more parcelS which are not used as a single site, and a loss
is established affecting one or more of the 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 sub-
sequent to Date of Polley, unless a liability or value has
otherwise been agreed upon as to each parcei by the
Company and the insured at the time of the issuance of this
policy and shown by an express statement or by an
endorsement attached to this poiicy.
9. L1MITATlDN OF LIABILITY.
(a) If the Company establishes the t1tie, or removes the
alleged defect, lien or encumbrance, or cures the lack of a
right of access to or from the land, or cures the claim of
unmarketability of tille, all as insured. in a reasonably difiaent
"
had against any person or property in respect to V1e clalnt
ad this policy not been issUed. It requested by the Company,
. the insured claimant shall transfer to the CO!!lf"ny all rights
. and remedies against any person or propertY."necessiJrY in
o((1er to. perfect this right _of subrogation. The insureo
claimant shall permit the.Company to sue. compromise Or
settle in the name of the insured claimant and to use the name
of the insured claimant in any transaction or litigation
involving these rights or remedies.
If a,paymenl on account of a claim does not fully Covel
the loss of the insured claimant, the Company shall b.
subrogated to these rights and remedies in the proporllor,
which the CompanY's payment bears to the whole amoun:
of the loss.
If loss should result from any act of the Insure<
claimant, as stated above. that act shall not void this polic~
but the Company, In that event, shall be reQuired to pay onll
that part of any losses insured against by this policy whicr
shall exceed the amount, If any, lost to the Company b\
reason of the impairment by the insured ciaimant of th(
CompanY's nght of subrogation.
(b) The CompanY's Rights Against non.insure,
Obligors.
The CompanY's nght of subrogation against non.
insuredobllgors shaH exist and shall include, witnou
limitation, the rights of the insured to indemnities, guarantie~
other policies of insurance or bonds, notwilhstanding an,
terms or conditions contained in those instruments whic:
provide for subrogation rights by reason of this policy,
14. ARBITRATION.
Unless prohibited by applicable law, either the Com
pany or the insured may demand artltration pursuant to th,
Tltie Insurance Arbilrallon Rules of the Amencan Arbilratioi
Associallon. Arbitrable matters may inciude, but are no
limited to, any controversy or claim between the CompaOl
and the insured arising out of or relating to this pOlicy. anI
service of the Company in connection with its issuance 0
the breach of a policy provision or other obligation. A
arbitrable matters when the Amount of Insurance i
$1,000,000 or less Shall be arbttrated at the opllon of eith.
the Company or the insured. All arbitrable matters when th
Amount of Insurance is in excess of $1,000,000 shall b.
arbitrated only when agreed to by both the Company and th
insured. Arbilration pursuant to this poiicy and under th
Rules in effect on the date the demand for arbitration is mad
or, at the option of the Insured, the Rules in effect at Date ['
Policy shall be binding upon the parties. The award ma
Include attorneys' fees only If the laws of the state In wnlc
the land is located permit a court to award attorneys' fees I'
a prevailing party. Judgment upon the award rendered by th
Arbilrator(s) may be entered in any court having junsdictio
thereof.
The law of the situs of the land shall apoly to a
. arbitration under the Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from th
. Company upon reQuest.
15. UABILITY UMITED TO THIS POLICY;
POUCY ENTIRE CONTRACT.
(a) This pOlicy together with all endorsements, if an'
attached hereto by the Company is the entire policy an
contract between the insured and the Company. In interpre.
Ing any provision of this policy, this policy shall be construe
as a whole.
(b) Any claim of loss or damage, whether or "'
based on negligence, and which arises out of the status [
the tille to the estate or Interest covered hereby or by an
action asserting such claim, shall be restricted to this polic'
(c) No amendment of or endorsement to this polle
can be made except by a writing endorsed hereon or attache
hereto signed by either the President, a Vice President, to
Secretary, an Assistant Secretary, or validating officer r .
authorized signatory 01 the Company.
16. SEVERABILITY.
In the event any provision of the policy is held inval;
or unenforceable under applicable law, the policy shall t
deemed nOl to include that provision and all other provisior
shall remain in full force and effect.
17. NOTICES, WHERE SENT.
All notices required to be given the Company and"
<:I::ltpmpnl in wrilinn rpnllirl>rl In hp fllrnkhprl Ihl> r,.,mn",
"
---:)
''-'''j
a-INER I S FOLICIt'
SOlEDULE A
Order No. 403980 -0
Policy No, J 426267
Date.of Policy: April 25, 1995
Insurance Arrount$ 448,000,00
Pranium Arrount $ 570.00
at 5:00 :EM
1,' Name of Insured:
LI\CET NJ. 3, INC., a Delaware Corporation
2. '!he estate or interest in the land midl is =vered by the policy is:
. FEE SIMPLE
3. Title to the estate or interest in the land is vested in:
LACEI' NJ' 3, INC" a Delaware Corporation
4. '!he land referred to in this policy is located in the State of
. Colorado, County. of Pitkin ,and is des=ibed as follows:
Lot 3,
LACEI' SUBDIVISION
a=rding to the Plat-thereof, filed July 15, 1994 in Plat Book 35 at Page 10
p",- C-~" .
tountersigna .. Au ized Officer or Agent
This Policy is invalid unless the a:wer sheet and Schedule B are attached.
ALTA Owner's Policy (10-17-92)
FIRST AMERICAN TITLE INSURAN::E CO"IPANY
"
.~
,-,')
.'
SOiEOOLE B
Order No, 403980 -0
Policy No, J 426267
PARI' I
This policy does not insure against loss or damage (and the Catpany will not pay
o::>sts, attorneys' fees or expenses) which arise by reascn by:
1. Taxes or assessrrents whiCh are rot shown as existing liens by the records of
any ~ authority that levies taxes or assessrrents on real property or by
the public records,
2. AN;'. facts,rights, interests, or claims which are =t shown by the publi.c records
but which could be ascertained by an inspection of said land = by making inquiry
of persons in possession thereof,
3. Ease!rents, or claims of easements, or eno.Jmbranoes which are =t shown by the
public record.
4, Discrepa=ies, conflicts in I::x::luOOary lines, shortages in area, en:::roachmants, or
any other facts which a o::>rrect survey \\U1ld disclose, and which are =t shown by
public records,
5, Any lien, = right to a lien, for services, labor or material theretofore
or hereafter furnished, imposed by law and =t shown by the public record.
6. AN;' vein or lcd.e of quartz or other r=k 'in place bearing gold, silver, cinnabar,
lead, tin, =PP&', or other valuable deposits, cla:ined = known to exist within
subject property as of March 23, 1885, as expressly excepted and excluded in United
States Patent recorded June 17, 1949, in Bcx:lk 175 at Page 246.
7, Ease!rent and right-of-way for Riverside Ditch as evidetx:ed by Alpine Surveys dated
July 10, 1989.
B. Agreerrent between Lacet L:i.mi ted Liability and The Aspen/Pitkin Colmty Housing
Authority recorded July 14, 1993, in Bcx:lk 717 at Page 763.
I
9, Planned. Unit Developtent and SuJ::xiivision Improvement Agreement between The City of
Aspen and Lacet Limited Liability Canpany, recorded July 21, 1993, in Bcx:lk 718 at
Page 477.
10. Ease!rents and building envelopes as shown on the Plat of said. SuJ::xiivision,
11. Restrictions, . which do rot a:ntain a forfeiture or reverter clause, as a:ntained in
inst:rurrent recorded November 4, 1993, in Bcx:lk 729 at Page 457 and in Bcx:lk 729 at
Page 439.
12., Trench, Corrluit and Vault Agreement recorded November 1, 1994 in Book 766 at Page
204.
(Continued )
ALTA Standard Policy, western Region - Form No, 1402-C (Rev, 9/87)
FIRST AMERICAN TITLE INSURAN:::E CXM'ANY
;
.>,....,
,..
,
~ ~J
~l'l.CflS (cx:ntinued) Order No, 403980 -0
POlicy No,J 426267
13. E:asenEnt an:l. right of way for access an:l. utility pUl.:poses, as granted by
Lacet L:imi ted Liability. Carrpany to Aspen Ccnsolidated Sani taticn District
by ins1::ruIrent recorded February 2, 1995, in Bcx:lk 773 at Page 180, said
easerrent being rrore particularly described in said inst:l:1..ment,
14. .E:asenEnt an:l. right of way to ~t::z:uct, install, rarove, :replace, add to,
maintain, repair, operate, change or aJ.ter water feature facilities, as
granted by Lacet No, 3, :me" to The Lacet Subdivision Hareowners
Association, 100, by ins1::ruIrent rea::n:ded April 25, 1995, in Book 779 at
Page 386, said easement being !lOre particularly described in said
inst:l:1..ment,
FIRST AMERICAN TITLE 1NSURAN:::E CCMPANY