HomeMy WebLinkAboutcoa.lu.sr.Lacet Number 3.A9195LACET NO. 3 DRAG
2737-181-48-003 A91-95
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CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 8 /25/95 PARCEL ID AND CASE NO.
DATE COMPLETE: 2737-181-48-003 A91-95
STAFF MEMBER: AA
PROJECT NAME: LACET NO. 3 DRAB
Project Address: LACET SUBDIVISION, LOT 3 ASPEN
Legal Address:
APPLICANT:
LACET NO. 3
INC.
927-1460
Applicant Address:
P. O. BOX
8909
ASPEN
REPRESENTATIVE:
JOEL BARNES
Representative Address/Phone:
P. O.
BOX 8909 927-1460
Aspen,
CO 81611
FEES: PLANNING
$
#
APPS RECEIVED
8
ENGINEER
$
#
PLATS RECEIVED
8
HOUSING
$
ENV. HEALTH
$
TOTAL
$
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
REFERRALS:
City Attorney
City Engineer
Housing Dir.
Aspen Water
City Electric
Envir.Hlth.
Zoning
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
DATE REFERRED: INITIALS: DUE:
FINAL ROUTING: DATE ROUTED:INITIAL:
City Atty City Engineer Zoning Env. Health
Housing Open Space Other:
FILE STATUS AND LOCATION:
MEMORANDUM
TO: Design Review Appeals Board
FROM: Dave Michaelson, Planner
DATE: August 28, 1995
RE: Lacet Subdivision Lot 3 - Appeal from Design Standards
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.
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).
1
The garage entrance is perpendicular to the street front, consistent with applicable elements of the
Design Guidelines. This makes access at -grade difficult due to the directional orientation of the
natural contours on the site.
IV. Recommendation - Due to small lot size and the requirement regarding orientation of the
garage, accessing the site at -grade within the 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 the 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."
ril
Exhibit A
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. \ — -4�1
Exhibit B
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GRADING AND DRAINAGE PLAN
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C H E C K L 1ST / S U B M I S S I O N REQUIREMENTS
The following drawings, each with an integral check -list, be required for approval, in order to
assess conformance with the design standards and code provisions described above.
Sheet I. Required Drawings
Neighborhood Block Plan at 1" - 50'.
Show 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. Locate accessory dwelling units and alleys, if any.
Design Standards
Check that the following information about your project is clearly indicated on
the accompanying drawing:
(J Building Orientation
(J Build -To Lines
Sheet 2. Required Drawings
Site Plan at 1/16" - 1'0".
Show ground floors of all project buildings, and footprints of adjacent buildings
for a distance of at least 100 feet from side property lines. Show topography
with 2' contours.
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 2030%:
(c) Site Area with Slopes Over 30%:
Total FAR Site Area (a + 50%b):
Total Allowable Floor Area:
Project Floor Area
(a) Primary Mass Calculation:
(b) Volume Calculation:
L (c) Garage Calculation:
{, (d) Balconies, Porches Decks and Loggias Calculation:
(e) Accessory Dwelling Unit and Linked Pavilion Calculation:
Total Project Floor Area:
Design Standards
Check that the following information about your project is clearly indicated on
the accompanying drawing:
(J Primary Mass
(] Exterior expression of volume: plate heighm
(J Width of street facing garage/width of house (%)
(] Garage recessed behind front facade (feet)
( J Driveway at grade within front setback
( ] No areaways, lightwells and/or stalrwelis projecting beyond street facing
building facade(&)
() Street oriented entry
(J Street facing principal window
(J One story street facing element
(] Inflection
(J Building Orientation
(J Build -To lines
Sheet 3. Required Drawings
1, Street Elevation at 1/16" - 1'0"
Include elevations of the proposed project and at least two adjacent buildings on
both sides. Include windows, front doors and roof line.
2. Additional Project Elevations at 1/8" a 1'0" (as needed).
Check that the following information about your project is clearly Indicated on
the accompanying drawing:
(J Street -oriented entry
() Street -facing principal window
(J One story street facing element
(J Inflection towards adjacent buildings
( J Height Calculation
Sheet 4. Photographic panorama
Photographic panorama should show elevations of all buildings on both
sides of Your block, including present condidons of your building site.
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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
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. \ — 'e�1
Form No. 1A02.92
(10/17192)
ALTA Owner's Policy
POLICY OF TITLE INSURANCE
S A M E R
c
\4 7
1SSUEU BY
First American Title Insurance Company
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE
B AND THE CONDITIONS AND STIPULATIONS, FIRST AMERICAN TITLE INSURANCE COMPANY, a California
corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage,
not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land.
The Company will also pay the costs, attorneys, fees and expenses incurred in defense of the title, as insured, but
only to the extent provided in the Conditions and Stipulations.
First American Title Insurance Company
BY PRESIDENT
J 4 2 6 2 e 7 ATTEST `�� SECRETARY
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EXCLUSIONS FROM COVERAGE W,
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which
arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting
or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the
land; (iii) a separation in ownership or a 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 laws, 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 governmental 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 value 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, not recorded in the public records 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
(ii) 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
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
CONDITIONS AND STIPULATIONS
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 would have
,iad against the named insured, those who succeed to the
nterest of the named insured by operation of law as
7istinguished from purchase including, but not limited to,
ieirs, distributees, devisees, survivors, personal representa-
tives, next of kin, or corporate or fiduciary successors.
(b) "insured claimant': an insured claiming loss 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
policy or any other records which impart constructive notice
of matters affecting the land.
(d) "land": the land described or referred to in
Schedule (A), and improvements affixed thereto which bylaw
constitute real property. The term "land" does not include any
Droperty 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.
(e) "mortgage": mortgage, deed of trust, trust deed,
or other security instrument.
(f) "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. With respect to
Section 1(a)(iv) of the Exclusions From Coverage, "public
records" shall also incude environmental protection liens filed
in the records of the clerk of the United States district court
for the district in which the land is located.
(g) "unmarketability of the title': an alleged or
apparent matter affecting the title to the land, not excluded or
excepted from coverage, which would entitle a purchaser of
the estate or interest described in Schedule A to be released
from the obligation to purchase by virtue of a contractual
condition requiring the delivery of marketable title.
2. CONTINUATION OF INSURANCE AFTER
CONVEYANCE OF TITLE.
The coverage of this policy shall continue in force as
of nAtp of Pnliry in favnr of in incnrnrl nnly cn Innn a, fhn
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 failure of the insured claimant to provide the
required proof of loss or damage, the Company's obligations
to the insured under the policy shall terminate, including any
liability or obligation to defend, prosecute, or continue any
litigation, with regard to the matter or matters requiring such
proof of 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 Date 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 its permission, in writing, for any authorized rep;
resentative of the Company to examine, inspect and copy all
records, books, ledgers, checks, correspondence and mem-
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 pursuant to this Section shall not be
disclosed to others unless, in the reasonable judgment of the
Company, it is necessary in the administration of the claim.
Failure of the insured claimant to submit for examination
under oath, produce other reasonably requested information
or grant permission to secure reasonably necessary informa-
tion from third parties as required in this paragraph, unless
prohibited by law or governmental regulation, shall terminate
any liability of the Company under this policy as to that claim.
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
TERMINATION OF LIABILITY.
In case of a claim under this policy, the Company shall
have the following additional options:
(a) To Pay or Tender Payment of the Amount of
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 obligated to
pay.
Upon the exercise by the Company of this option, all
for any loss or damage caused thereby.
(b) In the event of any litigation, including litigation bN
the Company or with the Company's consent, the Compam
shall have no liability for loss or damage until there has beef
a final determination by a court of competent jurisdiction
and disposition of all appeals therefrom, adverse to the Wit
as insured.
(c) The Company shall not be liable for loss o
damage to any insured for liability voluntarily assumed by thl
insured in settling any claim or suit without the prior writtef
consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR
TERMINATION OF LIABILITY.
All payments under this policy, except payments ma&.
for costs, attorneys' fees and expenses, shall reduce th
amount of the insurance pro tanto.
11. LIABILITY NONCUMULATIVE.
It is expressly understood that the Amount of In
surance under this policy shall be reduced by any amount the
Company may pay under any policy insuring a mortgage tf
which exception is taken in Schedule B or to which tht
insured has agreed, assumed, or taken subject, or which is
hereafter executed by an insured and which is a charge c
lien on the estate or interest described or .referred to it
Schedule A, and the amount so paid shall be deemed
payment under this policy to the insured owner.
12. PAYMENT OF LOSS.
(a) No payment shall be made without producing thi:
policy for endorsement of the payment unless the policy ha
been lost or destroyed, in which case proof 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 definitely fixed in accordance with these Conditions an;
Stipulations, the loss or damage shall be payable within 31
days thereafter.
13. SUBROGATION UPON PAYMENT
OR SETTLEMENT.
(a) The Company's Right of Subrogation.
Whenever the Company shall have settled and paid
isured shall have liability by reason of covenants of warragsk
lade by the insured in any transfer or conveyance of
state or interest. This policy shall not continue in force
3vor of any purchaser from the insured of either (1) an estate
r interest in the land, or (ii) an indebtedness secured by a
-urchase money mortgage given to the insured.
NOTICE OF CLAIM TO BE GIVEN BY
INSURED CLAIMANT.
The insured shall notify the Company promptly in
vriting (i) in case of any litigation as set forth in Section 4(a)
telow, (ii) in case knowledge shall come to an insured
iereunder of any claim of title or interest which is adverse to
ne title to the estate or interest, as insured, and which might
;ause loss or damage for which the Company may be liable
iy virtue of this policy, or (iii) if title to the estate or interest,
is insured, is rejected as unmarketable. If prompt notice shall
tot be given to the Company, then as to the insured all liability
if the Company shall terminate with regard to the matter or
natters for which prompt notice is required; provided,
iowever, that failure to notify the Company shall in no case
-)rejudice the rights of any insured under this policy unless
he Company shall be prejudiced by the failure and then only
o the extent of the prejudice.
DEFENSE AND PROSECUTION OF ACTIONS;
DUTY OF INSURED 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 its own cost and without
inreasonable delay, shall provide for the defense of an
insured in litigation in which any third party asserts a claim
adverse to the title 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 right to select counsel of its choice
(subject to the right of the insured to object for reasonable
cause) to represent the insured as to those stated causes of
action and shall not be liable for and will not pay the fees of
any other counsel. The Company will 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,
to institute and 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, or to prevent or reduce loss or damage to the
insured. The Company may take any appropriate action under
the terms of this policy, whether or not h shall be liable
nereunder, 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 diligently.
(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 of the insured for this
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 witnesses, 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 prejudiced by the failure
of the insured to furnish the required cooperation, the
Company's obligations to the insured under the policy shall
terminate, including any liability or obligation to defend,
prosecute, or continue any litigation, with regard to the matter
or matters requiring such cooperation.
PROOF OF LOSS OR DAMAGE.
In addition to and after the notices required under
Section 3 of these Conditions and Stipulations have been
provided the Company, a proof of loss or damage signed and
sworn to by the insured claimant shall be furnished to the
Company within 90 days after the insured r.laimant shall
t;ompany for cancellation.
(b) To Pay or Otherwise Settle With Parties Other t
the Insured or With the Insured Claimant.
(i) to pay or otherwise settle with other parties for
or in the name of an insured claimant any claim insured
against 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
and which the Company is obligated to pay; or
(ii) to pay or otherwise settle with the insured
claimant the loss or damage provided for 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 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 obligations to the insured under this policy for the
claimed loss or damage, other than the payments required to
be made, shall terminate, including any liability or obligation
to defend, prosecute or continue any litigation.
DETERMINATION, EXTENT OF LIABILITY
AND COINSURANCE.
This policy is a contract of indemnity against actual
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 policy 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;
(ii) the difference between the value of the insured
estate or interest as insured and the value 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
Schedule A at the Date of Policy is less than 80 percent of
the value of the insured estate or interest or the full
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 Policy; 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 to 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, attorneys' fees and expenses for which the Company
is liable under this policy, and shall only 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 will pay only those costs, attorneys'
fees and expenses incurred in accordance with Section 4 of
these Conditions and Stipulations.
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 Policy, unless a liability or value has
otherwise been agreed upon as to each parcel 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 policy.
LIMITATION OF LIABILITY.
(a) If the Company establishes the title, 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 title, all as insured, in a reasonably diligent
had against any person or property in respect to the claim
bad this policy not been issued. If requested by the Company,
the insured claimant shall transfer to the Com any all rights
and remedies against any person or properly necessary in
order to perfect this right of subrogation. The insured
claimant shall permit the Company to sue, compromise of
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.
It a payment on account of a claim does not fully covet
the loss of the insured claimant, the Company shall be.
subrogated to these rights and remedies in the proportion
which the Company's payment bears to the whole amoun
of the loss.
It loss should result from any act of the insure(
claimant, as stated above, that act shall not void this polio
but the Company, in that event, shall be required to pay onh
that part of any losses insured against by this policy whicf
shall exceed the amount, it any, lost to the Company b,
reason of the impairment by the insured claimant of ln;
Company's right of subrogation.
(b) The Company's Rights Against non -insurer
Obligors.
The Company's right of subrogation against nor,
insured obligors shall exist and shall include, withou
limitation, the rights of the insured to indemnities, guaranties
other policies of insurance or bonds, notwithstanding an,
terms or conditions contained in those instruments whit:
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 arbitration pursuant to th.
Title Insurance Arbitration Rules of the American Arbitratio!
Association. Arbitrable matters may include, but are no
limited to, any controversy or claim between the Compan
and the insured arising out of or relating to this policy, an,
service of the Company in connection with its issuance u
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 arbitrated at the option of eithe
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. Arbitration pursuant to this policy and under th
Rules in effect on the date the demand for arbitration is mac
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 whic
the land is located permit a court to award attorneys' fees t
a prevailing party. Judgment upon the award rendered by th
Arbitrator(s) may be entered in any court having jurisdictio
thereof.
The law of the situs of the land shall apply to a
arbitration under the Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from IT!
Company upon request.
15. LIABILITY LIMITED TO THIS POLICY;
POLICY 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 ni
based on negligence, and which arises out of the status i
the title 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 polic
can be made except by a writing endorsed hereon or attache
hereto signed by either the President, a Vice President, tt
Secretary, an Assistant Secretary, or validating officer e
authorized signatory of 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 not to include that provision and all other provision
shall remain in full force and effect.
17. NOTICES, WHERE SENT.
All notices required to be given the Company and of
ciatomont in vrritinn ronnirorl to hp fi,rnichnri thn ('n—,
OWNER'S POLICY
Order No. 403980 -0 Insurance Amount $ 448,000.00
Policy No. J 426267 Premium Amount $ 570.00
Date of Policy: April 25, 1995 at 5:00 PM
1. Name of Insured:
LACET NO. 3, INC., a Delaware Corporation
2. The estate or interest in the land which is covered by the policy is:
FEE SIMPLE
3. Title to the estate or interest in the land is vested in:
LACEI' NO. 3, INC. , a Delaware Corporation
4. The land referred to in this policy is located in the State of
Colorado, County of Pitkin , and is described as follows:
Lot 3,
LA CET SUBDIVISION
according to the Plat -thereof, filed July 15, 1994 in Plat Book 35 at Page 10
This Policy is invalid unless the cover sheet and Schedule B are attached.
ALTA Owner's Policy (10-17-92)
FIRST AMERICAN TITLE INSURANCE Oa-IPANY
SCFDDXJIE B Order No. 403980 -0
Policy No. J 426267
PART I
This policy does not insure against loss or damage (and the Company will not pay
costs, attorneys' fees or eases) which arise by reason by:
1. Taxes or assessments which are not shown as existing liens by the records of
any taxing authority that levies taxes or assessments on real property or by
the public records.
2. Any facts, rights, interests, or claims which are not shown by the public records
but which could be ascertained by an inspection of said land or by making inquiry
of persons in possession thereof.
3. Easements, or claims of easements, or encumbrances which are not shown by the
public record.
4. Discrepancies, conflicts in boundary lines, shortages in area, ts, or
any other facts which a correct survey would disclose, and which are not shown by
public records.
5. Any lien, or right to a lien, for services, labor or material theretofore
or hereafter furnished, imposed by law and not shown by the public record.
6. Any vein or lode of quartz or other rock in place bearing gold, silver, cinnabar,
lead, tin, copper, or other valuable deposits, claimed or 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 Book 175 at Page 246.
7. Easement and right-of-way for Riverside Ditch as evidenced by Alpine Surveys dated
July 10, 1989.
8. Agreement between Lacet Limited Liability and The Aspen/Pitkin County Housing
Authority recorded July 14, 1993, in Book 717 at Page 763.
9. Planned Unit Development and Subdivision Improvement Agreement between The City of
Aspen and Lacet Limited Liability Company, recorded July 21, 1993, in Book 718 at
Page 477.
10. Easements and building envelopes as shown on the Plat of said.Subdivision.
11. Restrictions, which do not contain a forfeiture or reverter clause, as contained in
instrument recorded Novas 4, 1993, in Book 729 at Page 457 and in Book 729 at
Page 439.
12. Trench, Conduit 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 INSURANCE CCMPANY
00CEP'nONS (contirnied) Order No. 403980 -O
Policy No.J 426267
13. Easement and right of way for access and utility purposes, as granted by
Lacet Limited Liability Company to Aspen Consolidated Sanitation District
by instrument recorded February 2, 1995, in Book 773 at Page 180, said
easement being more particularly described in said instn -ent.
14. Easement and right of way to construct, install, remove, replace, add to,
maintain, repair, operate, change or alter water feature facilities, as
granted by Lacet No. 3, Inc., to The Lacet Subdivision Homeowners
Association, Inc. by instrument recorded April 25, 1995, in Book 779 at
Page 386, said easement being more particularly described in said
instrument.
FIRST ANERICAN TITLE INSURANCE CC-IPANY
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