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Land Use Case.316 E Hopkins Ave.HPC48-92
316 East Hopkins Avenue - Vested Property Rights HPC48-92 ,2-737-073-29-002 ·A» got d 9- 51 H 1 P 7 1 - .. CASELOAD SUMMARY SHEET City of Aspen Historic Preservation Committee DATE RECEIVED: 10/19/92 CASE NUMBER: HPC48-92 DATE COMPLETE: PARCEL ID#: 3-1474073>29-068 PROJECT NAME: 316 East Hopkins Avenue Vested Property Rights Project Address: 316 East Hopkins Avenue APPLICANT: 316 East Hopkins, Inc. Applicant Address: REPRESENTATIVE: Joseph Krabacher, Krabacher, Hill & Edwards, P.C. Representative Address/Phone:201 N. Mill St., Suite 201 Aspen, CO 81611 925-6300 TYPE OF APPLICATION: 1 STEP: x 2 STEP: 3 STEP: HPO Insubstantial Amendment or Exemption: HPC Meeting Dates: P&Z Meeting Date: CC Meeting Dates: 1st 2nd REFERRALS: Planning Building Zoning City Engineer Parks Dept. City Attorney DATE REFERRED: INITIALS: DUE: FINAL ROUTING: DATE ROUTED: INITIAL: City Atty City Clerks Office Other: FILE STATUS AND LOCATION: COMMENTS: MEMORANDUM To: Aspen Historic Preservation Committee From: Roxanne Eflin, Historic Preservation Officer R Re: 316 E. Hyman: Vested Rights Resolution for a previously approved site-specific Development Plan (demolition) Date: November 25, 1992 SUMMARY: The applicant is requesting HPC's approval of the Vested Rights Resolution of the previously approved site specific plan (demolition of the outbuilding) for the parcel at 316 E. Hyman. By Colorado law, an applicant has the right to vest his rights for a maximum period of three years, providing them protection from changes in land use regulations that could affect their approval. The purpose in seeking this vested rights approval at this time is to preserve (or "bank") the net leasable square footage currently of the outbuilding for future development of the parcel. Existing net leasable is credited against future development when calculating impact mitigation. RECOMMENDATION: Staff finds this application to be in order, and recommends that the HPC approve the attached Resolution granted Vested Rights for three years, retroactive from the date of original approval, November 27, 1991. memo.hpc.316eh.vr 316 East Hopkins Avenue Lot 0, Blk. 80, City of Aspen Pitkin County, Colorado - a-e--331-- 4 4 5 Found Rebar & 30.16' 1 Story ellmi.Bastic Cap 1.5· , 9,ed : Cove 4 porch Lot N Lot 0 Lot P 3,016 sq. ft. 0.069 Acs.+/ & 2. --- e 0.0 1- 4 1 Slory Wood 4/ Frome House 4 0.3 : . , 0 7 Scnbcld anck h Conc, Wa Ik ound Rebar & 7 33Mbed~ Yello--Plastic Cap Eost in Concrete Hopkins Avenue Legend and Notes: - 8 indicates found monument 03 de•cnbed. - ® hdicate• Mt monument rebor and cop LS. 15710. - ~ Indlect. control point - Survey Ortenlation based on found monuments as shown. - Eciemint, shown cre from TItle Commilment Case No. PCT-5689 C3 Inued 8-27-91 by GRAPHIC SCALE PRkfn County Title. Inc. 0 10 20 40 1 1 Surmyorg Certificate: 4 Kenneth R. Wflion, be(ng c Regbt,red Land Surve.yor h thi State of Colorcdo, do her,by cortify that th/§ improvement survey was mode under my supervision and is true and correct to the best of nny belief and knowledge. 1 further certi& that the ~ ~6200 91.Gls ~44.. ~t~ knpromm,nts on th, abov, decribed parr#/ on th, dof,0 0 ' 1 except utihly connections ari entirely within the bounderies of A 4! LS 15710 )*r ] the parce/, except os shown, thol thire or, no encrocchments upon the described prernise by improvements on any adjoining premtnes except ce Adkellod. end that there /3 no opporent evidence or . 4.+ sign of any easement crossing or burdening any port of -id parcel. except ce noted. " 24=7191/ 2„2*uJ mou·g, OFCOLOY Kenneth R. WINeon L.& 15710 JOB 0 91144 File kraimp #64 SCHMUESER GORDON MEYER, INC. : ENGNEERS 1001 GRAND AVE., SUITE 2-E b) SURVEYORS GLENWOOD SPRINGS, CO. 81601 UN'lt, (303) 945-1004 - SaNUESER - GORDON WEYER S 1 450'49~ t'v 14*50'4 1, LAND USE APPLICATION FOR VESTING OF PROPERTY RIGHTS The Applicant, 316 E. Hopkins, Inc., a Colorado corporation, requests vesting of a property right pursuant to the demolition plan approved by the City of Aspen Historic Preservation Committee ( " HPC " ) on November 27, 1991. Purpose of Vestinq. The Applicant wants to vest its property right in the demolition plan to insure that the 397 square foot net leasable area represented by the outbuilding at 316 East Hopkins ( the "Shed") may be added back to the existing historic cottage located on the property ( the "Cottage") during the vesting period without competing for an allotment of commercial GMP square footage for not more than 397 square feet. The applicant recognizes the applicant will be required to comply with applicable HPC design review requirements to add the net leasable square footage represented by the Shed back onto the Cottage. Submission Contents. The Applicant submits the following submission contents: 1. Applicant. The Applicant is 316 E. Hopkins, Inc., a Colorado corporation. The Applicant is represented by B. Joseph Krabacher, Krabacher, Hill & Edwards, P.C., 201 North Mill Street, Suite 201, Aspen, Colorado 81611 (303) 925-6300. Attached as Exhibit 1 is a letter stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 2. Address. The street address is 316 East Hopkins, Aspen, Colorado, and the legal address is Lot O, Block 80, City and Townsite of Aspen, Pitkin County, Colorado. 3. Ownership. Attached as Exhibit 2 is a title insurance policy disclosing ownership of the parcel and all recorded instruments affecting the parcel. 4. Survey. Attached as Exhibit 3 is a survey map locating the subject parcel within the City of Aspen. 5. Shed Plan. Enclosed as Exhibit 4 is the Shed floor and elevation existing conditions drawings. The drawings contain a certification that the net leasable square footage of the Shed is 397 square feet. 6. Minutes of Approval. Attached as Exhibit 5 is a copy of the minutes of the HPC meeting of November 27, 1991, wherein the HPC granted 0 0 1 minor development approval for the demolition of the Shed. Resolution Granting Vesting Approval. The Applicant requests that the HPC approve a resolution granting vested property rights to 316 East Hopkins, Aspen, Colorado, vesting the rights granted in the Minor Development Approval granted by the HPC on November 27, 1991. f9 Dated: October , 1992 KRABACHER, HILL & EDWARDS, P.C. 07- n)J- By: < , 1 4. JosebI'Krabacher 201 North Mill Street, Suite 201 Aspen, Colorado 81611 303-925-6300 ryan\docs\land.use -2- L./. , 1 1 0 ' C. Historic Preservation Committee Minutes of November 27, 1991 element I would recommend that they be consistently all one color no matter what that color may be. Roger: I would recommend that the lettering be white. MOTION: Roger made the motion that HPC grant minor development approval for 315 E. Hyman, the Wheeler Square building with awnings as presented by the applicant and color as presented by the applicant (dark turquoise). All awnings be the same color; second by Donnelley. All in favor, motion carries. CASTLE CREEK POWER PLANT (CITY SHOP) 1080 POWER PLANT ROAD LANDMARK DESIGNATION Roxanne: Notice was made and the building was posted. We find that all of the six standards for landmark designation are met. We are processing this application at this time because the are rezoning this property to public and this is a zoning overlay. Our policy in the Planning office is to consolidate steps and this is the opportunity to do that. The Blue Ribbon Capital Improvement Committee is looking at all the property owned by the City. Chairman Bill Poss opened the public hearing. MOTION: Roger made the motion that HPC recommend landmark designation to Castle Creek Power Plant also known as the City Shop at 1080 Power Plant Road; second by Donnelley. All in favor, motion carries. 316 E. HOPKINS MINOR DEVELOPMENT LANDMARK DESIGNATION Bill Poss stepped down. Joe stepped down. Karen and Martha seated. Bill Poss appointed Donnelley to chair meeting. Jake Vickery: I do sub-contract work for Poss and Associates but am not involved in this project and do not feel there is a conflict. David Rybeck from Bill Poss and Associates presented the applicant. Donnelley: This is a two part application, the landmark designation which is a public hearing and the minor development approval for the demolition of a non-historic outbuilding and redevelopment to include three parking spaces. The applicant is requesting exemption from Demolition Standards (Ord. 9, 1991). No changes are proposed to the c.1885 cottage which is the principal : structure on the parcel. Exemption from the Demolition Standards 2 . f' Historic Preservation Committee < Minutes of November 27, 1991 means an applicant is not required to meet the Standards for Demolition, but still requires HPC approval for the demolition and redevelopment. Brook Peterson, attorney represented Mrs. Johnson owner of property. Roxanne: Affidavit presented. I received two letters from adjacent neighbors, La Cocina and Bank of Aspen. Both are supporting the application. Landmark: We have reviewed the six standards and we find that the application does meet the majority of them. It meets A,B, E, F, and does not meet C or D. The outbuilding that is being requested for approval for demolition through the exemption clause we consider to not be a contribution structure to the character of the parcel. The important building is the main cottage. The applicant has made a compelling argument for the need to demolish the outbuilding to make the cottage more economically viable. Donnelley: I feel that the entire proposal could be done at once. Roxanne: Regarding the minor development this has been a building which clearly has little architectural merit or historic integrity. It still has been a cottage that has had cottage businesses in it in the commercial core. The question to HPC is: Does that contribute to the character of the neighborhood or the character of the district? Staff does not support maintaining this out- builing just for the sake of maintaining it. One of the conditions to approve the minor development which is the redevelopment of the parcel is a better site plan indicating trees and landscaping etc. We are recommending landmark designation and demolition approval for the non-historic building according to the exemption clause and that minor development be granted subject to a submittal of a detailed site plan. We cannot tie a condition to a zoning application. In other words we cannot require that the clapboard siding on the cottage be restored as a condition of landmark designation but we can encourage it. David Rybeck: The new owners would like to put as much assets into the miners cottage as possible and the best way to do that is by creating parking on the back end of the parcel for any tenant that would be in the cottage. The option of keeping the outbuilding and maintaining a tenant would draw too much income away from the main cottage. It has problems with encroachments on the next door neighbors side and the alley side which would require demolition on two faces so by the time they were done there would be nothing left historic. The outbuilding has no plumbing so we are requesting an exemption for demolition. 3 Historic Preservation Committee Minutes of November 27, 1991 Peter Rizutto, owner of the hair salon which is presently in the building: Parking would be a great asset and I would like to continue to keep my business here. Brook Peterson: I represent Mrs. Johnson the present owner of the property. They have owned the property since 1965 and she enlightened me that since that time they had rebuilt two walls twice since they had been run into on the outside and they extended the porch out from the front and they did all the improvements and the materials were from the 60's and 70's. When they purchased the property the wood shed was literally falling down and at the present time we are under an obligation from the LaCocina to move that building at their request because it is encroaching on their property. From an historic standpoint the cottage is what is important and I would ask for Mrs. Johnsons sake as this represents her retirement and has had three major eye operations and I would ask the commission to take that into consideration when reviewing the application. Karen: Why is this non-historic? Roxanne: The applicant is referring to it as non-historic. It is not on an inventory. I don't consider it historic even though the ( footprint shows up on old Sanborn maps. We are not sure how much of the original building is actually there because it has been modified so many times. David: We have a survey done in 1972 by Jim Reser that shows just a small square footprint and as the maps were updated it has two additional additions put on to it. The roof pitch for an outbuilding that has been classified as historic is normally 12 x 12 and this does not meet that standard. The exterior materials were from the 60's and 70's and to the west face is plywood with batten trips. It also has non-historic fenestration on it. Roxanne: There is some original siding but that is all. Karen: As this ever been occupied as a residence or has it been commercial all along? Brooke Peterson: When Mrs. Johnson bought the house the shed was a wood shed and an outhouse. It was not occupied at that time as residential. Don: If the Reser survey in 1972 is correct there is an indication that the entire building that stood there must have been removed because that building being square was cranked at an angle and that positioning on the site is very distinctive because it has no bearing to the rectangular grid and is not reflected in any aspect 4 Historic Preservation Committee ~ Minutes of November 27, 1991 of the new survey. Does anybody know anything about this? Roxanne: I noticed that as well. David: We noticed that also and have not verified with Jim Reser why it is like that. Don: The building was either moved, as it wasn't on any kind of permanent foundation, and shifted back to better align with the property lines. And of course altered in its form so considerably that it is hard to recognize the footprints. Roxanne: Or that the survey is incorrect. Karen: What will be the use of the primary building when it is renovated? David: It will remain a commercial use by the same people who lease it now, Peter Rizutto. Karen: Will the parking spaces be reserved for the salon's customers? < Peter Rizutto: It will be mainly for our customers. Jake: Some of the materials support keeping the cottage due to the alley scape. Roxanne: This is the first exemption that you have had to deal with of a building that is marginally old. The other two exemptions that you have made are buildings that are clearly non- contributing. This one is a gray area and that is why the issues were brought up in the memo. If you feel this building has any integrity at all and is contributing to the neighborhood then you might not want to vote in favor of the applicant for an exemption. on the other hand there is a certain amount of logic that goes along with this. The primary goal is to preserve the cottage. I think the Bank of Aspen needs more parking and they might be using the spaces also. Peter: We have a combination on the parking. Jake: I can support the goals but am looking at this as a policy point of view. We exempt parking spaces so that we can leave this building there, like the reverse of this. What happens if this is a policy are we looking at having a lot of parking off the alleys? Roxanne: We can have policy but everything has to be looked at site specifically. 5 .. Historic Preservation Committee i Minutes of November 27, 1991 Martha: I would not want to see over night parking in those spaces. I can see employees parking there during the day. Peter: The main goal is for customers and there would be no parking overnight. You are not going to see the parking either due to the trees. David: This is a small out building in the commercial core and normally there aren't any because the zone is encouraging growth of the buildings to the property line. Keeping out buildings in a residential zone would be viable but this is the commercial core and the primary cottage could be built out to the property line. Roxanne: The counter to your statement is that this is unique because this is a residential cottage. Staff received two months age an application on this property with an addition to the rear of the parcel and the out building would go anyway. That application was withdrawn. If the out building goes for parking or an two story addition to the cottage I am thinking this might be an alternative to keep this small. Peter: We are going to do everything we can to keep the cottage ( as it is and I am encouraging you to help small businesses. Don: What do members of the Board feel about the more explicit site plan that was submitted at this meeting? Roger: Historically the Johnsons lived two doors down the street and what they did was buy the little house. They were artists and made jewelry and object and decided that they could rent the little house instead of using it as their gallery. Then when their daughter Tina grew up they decided they didn't want to stay in Aspen so they created the one thing we love the little building in the alley that creates more life in the core of town. That was a natural occurrence. The philosophy of the City is to have less automobiles. The argument about it being hidden from trees and the Mrs. Johnson needs money offends me. Those aren't valid, what is valid is what can we do for Aspen to maintain its historic integrity and deal with the parking and look at a generation or two down the Road. I am absolutely appalled that we have to put parking spaces behind here and employees are going to park there and the car will sit all day. The bank employees will park there. I will vote for this and it is not reasonable not to. MOTION: Roger made the motion that HPC recommend landmark designation for the parcel at 316 E. Hopkins and grant demolition approval and grant minor development approval as per the design received at this meeting. We encourage that the owner maintain the 6 .. Historic Preservation Committee < Minutes of November 27, 1991 cottage as best they can; second by Martha. Jake: I will support the motion because it is in the best interest of the bigger miners cottage. I would be supportive of something being put on the back of the rear whether it was a total revamping because of its contribution of activity and scale to the overall alley scape and texture of small and large buildings. Karen: I am opposed to the demolition of the shed and am also sympathetic to Peter's and Margaret's needs. In the long range all of our barns and sheds are the last resource of our victorian heritage. I am in favor of saving every one that we can. I am also in favor of saving employee housing downtown also. The parking garage was a big investment in this town and is only three blocks away. The purpose of this Board is to protect the history of this town. It is not our purpose to provide parking and that is what we are being asked to provide. I cannot give up part of our history in trade for three parking spots that are going to be used for private use. Don: There is a lot of ambivalence on the board due to the fact that we are loosing something that has to do with the grain of the city. Were this in a residential district we would probably deny the demolition or require a more thorough investigation as to where the original portions were. Motion carries 4-1. In favor, Don, Jake, Roger, Martha. Karen was opposed. Roxanne: This would be a different application entirely if the commercial core was not in the historic district and this was an isolated case. COMMUNICATIONS 215 W. HALLAM Roxanne: The property has been purchased and work will start immediately. Roxanne: We have received a bond on 824 E. Cooper. Roxanne: Red Brick School is on hold. The City will not pay utilities for December,. They are interested in getting someone in there on a short term lease provided they pay enough to cover the utilities. The City is interested in the first right of refusal. 7 316 E. Hopkins, Inc. 715 West Main Street Aspen, Colorado 81611 October 12, 1992 City of Aspen Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Lot O, Block 80, City and Townsite of Aspen To Whom it May concern: Please be advised that the undersigned is the general partner of the owner of 316 East Hopkins, Aspen, Colorado, also known as Lot O, Block 80. I authorize B. Joseph Krabacher to make land use applications to the City of Aspen involving this property for vesting of property rights. Should you have any questions, please do not hesitate to contact me. Very truly yours, 316 EAST HOPKINS, INC. a Colorado corporation By: Warren F. Ryan, Piresident ryan\ltrs\aspen.po ' ' .FI - ISSUED BY ~ Commonwealth® POLICY NUMBER Land Title Insurance Company 128-034984 OWNER'S POLICY OF TITLE INSURANCE SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Pennsylvania 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 o f 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. IN WITNESS WHEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed by its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or agent of the Company. COMMONWEALTH LAND TITLE INSURANCE COMPANY Attest: - By /0~///'.~ 3ecretary .1../Pli.M President EXCLUSIONS FROM COVERAGE 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 1 , -- NM 1 American Land Title Association Owner's Policy (10-21-87) Valid Only If Schedule A, B and Cover Are Attached Face Page Form 1141-2 ORIGINAL CONDITIONS AND STIPULATIONS (c) Whenever the Company shall have brought an action or interposed a 1. DEFINITION OF TERMS. defense as required or permitted by the provisions of this policy, the Company may pursue any litigation to final determination by a court of The following terms when used in this policy mean: comp*nt)urisdiction and expressly reserves the right, in its sole discretion, (a) "insured": the insured named in Schedule A, and, subject to any to appeal trom any adverse judgment or order. rights or defenses the Company would have had against the named insured, those who succeed to the interest of the named insured by operation of law (d) In all cases where this policy permits or requires the Company to as distinguished from purchase including, but not limited to, heirs, prosecute or provide for the defense of any action or proceeding, the distributees, devisees, survivors, personal representatives, next of kin, or insured shall secure to the Company the right to so prosecute or provide corporate or fiduciary successors. 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. (b) "insured claimant": an insured claiming loss or damage. Whenever requested by the Company, the insured, at the Company's (c) "knowledge" or "known": actual knowledge, not constructive expense, shall give the Company all reasonable aid (i) in any action or knowledge or notice which may be imputed to an insured by reason of the proceeding, securing evidence, obtaining witnesses, prosecuting or public records as defined in this policy or any other records which impart defending the action or proceeding, or effecting settlement, and (ii) in any constructive notice of matters affecting the land. other lawful act which in the opinion of the Company may be necessary or (d) "land": the land described or referred to in Schedule A, and desirable to establish the title to the estate or interest as insured. If the improvements affixed thereto which by law constitute real property. The Company is prejudiced by the failure of the insured to furnish the required term "land" does not include any property beyond the lines of the area cooperation, the Company's obligations to the insured under the policy described or referred to in Schedule A, nor any right , title, interest, estate shall terminate, including any liability or obligation to defend, prosecute, or or easement in abutting streets, roads, avenues, alleys, lanes, ways or continue any litigation, with regard to the matter or matters requiring such waterways, but nothing herein shall modify or limit the extent to which a cooperation. right of access to and from the land is insured by this policy. 5. PROOF OF LOSS OR DAMAGE. (e) "mortgage": mortgage, deed of trust, trust deed, or other security In addition to and after the notices required under Section 3 of these instrument. Conditions and Stipulations have been provided the Company, a proof of (f) "public records": records established under state statutes at Date of loss or damage signed and sworn to by the insured claimant shall be Policy for the purpose of imparting constructive notice of matters relating furnished to the Company within 90 days after the insured claimant shall to real property to purchasers for value and without knowledge. With ascertain the facts giving rise to the loss or damage. The proof of loss or respect to Section 1 (a) (iv) of the Exclusions From Coverage, "public damage shall describe the defect in, or lien or encumbrance on the title, or records" shall also include environmental protection liens filed in the other matter insured against by this policy which constitutes the basis of records of the clerk of the United States district court for the district in 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 which the land is located. by the failure of the insured claimant to provide the required proof of loss (g) "unmarketability of the title": an alleged or apparent matter affecting or damage, the Company's obligations to the insured under the policy shall the title to the land, not excluded or excepted from coverage, which would terminate, including any liability or obligation to defend, prosecute, or entitle a purchaser of the estate or interest described in Schedule A to be continue any litigation, with regard to the matter or matters requiring such released from the obligation to purchase by virtue of a contractual proof of loss or damage. condition requiring the delivery of marketable title. In addition, the insured claimant may reasonably be required to submit 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at OF TITLE. such reasonable times and places as may be designated by any authorized The coverage of this policy shall continue in force as of Date of Policy in representative of the Company, all records, books, ledgers, checks, favor of an insured only so long as the insured retains an estate or interest correspondence and memoranda, whether bearing a date before or after in the land, or holds an indebtedness secured by a purchase money Date of Policy, which reasonably pertain to the loss or damage. Further, if mortgage given by a purchaser from the insured, or only so long as the requested by any authorized representative of the Company , the insured insured shall have liability by reason of covenants of warranty made by the claimant shall grant its permission, in writing, for any authorized insured in any transfer or conveyance of the estate or interest. This policy representative of the Company to examine, inspect and copy all records, shall not continue in force in favor of any purchaser from the insured of books, ledgers, checks, correspondence and memoranda in the custody or either (i) an estate or interest in the land, or (ii) an indebtedness secured by control of a third party, which reasonably pertain to the loss or damage. a purchase money mortgage given to the insured. All information designated as confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. unless, in the reasonable judgement of the Company, it is necessary in the administration of the claim. Failure of the insured claimant to submit for The insured shall notify the Company promptly in writing (i) in case of examination under oath, produce other reasonably requested information any litigation as set forth in Section *a) below, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is or grant permission to secure reasonably necessary information from third adverse to the title to the estate or interest, as insured, and which might parties as required in this paragraph shall terminate any liability of the cause loss or damage for which the Company may be liable by virtue of Company under this policy as to that claim. this policy. or (iii) if title to the estate or interest, as insured, is rejected as 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; unmarketable. If prompt notice shall not be given to the Company. then as TERMINATION OF LIABILITY. to the insured all liability of the Company shall terminate with regard to In case of a claim under this policy, the Company shall have the the matter or matters for which prompt notice is required: provided, however, that failure to notify the Company shall in no case prejudice the following options: rights of any insured under this policy unless the Company shall be (a)To Pay or Tender Payment of the Amount of Insurance. prejudiced by the failure and then only to the extent of the prejudice. To pay or tender payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred by 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF the insured claimant, which were authorized by the Company, up to the INSURED CLAIMANT TO COOPERATE. time of payment or tender of payment and which the Company is obligated to pay. (a) Upon written request by the insured and subject to the options Upon the exercise by the Company of this option, all liability and contained in Section 6 of these Conditions and Stipulations, the Company, obligations to the insured under this policy, other than to make the at its own cost and without unreasonable delay, shall provide for the payment required, shall terminate, including any liability or obligation to defense of an insured in litigation in which any third party asserts a claim defend, prosecute. or continue any litigation, and the policy shall be adverse to the title or interest as insured, but only as to those stated causes surrendered to the Company for cancellation. of action alleging a defect, lien or encumbrance or other matter insured (b) To Pay or Otherwise Settle With Parties Other than the Insured or against by this policy. The Company shall have the right to select counsel With the Insured Claimant. of its choice (subject to the right of the insured to object for reasonable (i) to pay or otherwise settle with other parties for or in the name cause) to represent the insured as to those stated causes of action and shall of an insured claimant any claim insured against under this policy, together not be liable for and will not pay the fees of any other counsel. The with any costs, attorneys' fees and expenses incurred by the insured Company will not pay any fees, costs or expenses incurred by the insured claimant which were authorized by the Company up to time of payment in the defense of those causes of action which allege matters not insured and which the Company is obligated to pay; or against by this policy. (ii) to pay or otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' (b) The Company shall have th: right, at its own cost, to institute and fees and expenses incurred by the insured claimant which were authorized prosecute any action or proceeding or to do any other act which in its by the Company up to the time of payment and which the Company is opinion may be necessary or desirable to establish the title to the estate or obligated to pay. interest, as insured, or to prevent or reduce loss or damage to the insured. Upon the exercise by the Company of either of the options provided for The Company may take any appropriate action under the terms of this in paragraphs (b)(i) or (ii), the Company's obligations to the insured under policy, whether or not it shall be liable hereunder, and shall not thereby this policy for the claimed loss or damage, other than the payments concede liability or waive any provision of this policy. If the Company required to be made. shall terminate, including any liability or obligation to shall exercise its rights under this paragraph, it shall do so diligently. defend, prosecute or continue any litigation. . Conditions and Stipulations Continued, Inside Cover , .. B-1141-2 -1 1 1, Ikt''·• , y - 2.l·'·'t ' 2,',.'Fii,il.·&1?:3~1 U.,1111111(11'fl~·ti~illili.~.;:'2 ,./ 6 i H W* 2 & ' 56~4,4, 7.---411.'i.~.~'i:55;J 0.?[il.,?;1#1.1)-~.'1~'Wi~'i,~#16,1''i~''',('t,4 '-· ,· ., jic.·f.. ~ii.".*11·4.· f #il'i~i,i.,fpm~,,·.4 #. 4 'R t :· -:, 9.2 : ·.· Wi f . i 11! 1 1 45 ;" f 1 '11. : B.* .,; 1: 6 :1~ ¢'Lf. i f C:*,i:il!.i'!11 lili 1124·t·MIN#ld't 1 11 L It 4 9 -, 1....1 - 1 , 1.7,¢i'.14 ...444 1.1,41 112.1 1 N.'1 ' 6.., · 1:.04': *#54*<,u JA.P.A?.1,1.1 ,~i YAR~~ ~.6 4*·!v.~i, · --4, ' "Lt- t 'L "·* !.·~ :..1 1 :1,~ al : Bl:"· MP: 1'·;"lit;· 1'· ......._.i. / '1 -ill. /1 .4 4 '., r, r- F Requested By: tj €Ithip--7 l (7' \,12+1- c Order No: /-7669 X 9 1 ~21? Assessed To: ( -~,4 A« J - / L ) 0 l//7 /l C.'. Afgf 4/ 0 7//,f.z xo. 16325 U«7 k U 1 9 ' 0 Certificate that Taxes are Paid to Date 1 1%1 STATE OF COLORADO j KSS. Pitkin County N. [1 4 0111 , f E ; f/-9 141 --L,1., the undersidned-----. 4.1 Li<I.L.~A..J--.,44:-LVLL.2------------------------- // It i t do hereby certify that there are np' Taxes dud andidnpaid upon the lands described below, 47' j.f,4 , and no Tax Sales of said land unredeemed, except as below stated: TAX LIENS WHEN SOLD AMOUNT SOLD FOR AMOUNT NECESSARY TO REDEEM PART OF. SECTIONS OR LOT,_, Section or Township Ran,e or · i v Lot or,Blo>ck Addition Day ~ oath Year Dollars Cts. Dollan Cti. 2, · 4 « 0 004€2 9 0 U ·i:.. /4 .4.-¢ 1- - P. . t, f -4 1 4 (1 0 - 94 /2. F ·i :-41 6 41 1. 11 4 9 (j 0, 1/ « 1 A-1 1 iPA . i~~ ·: li \ Al Witness my hand, this............./............._.__.day of.---4(.2.4.23#MiL:~3....19..9.2.. li~- '1 1 3'till ' 001 c~---1 , i. f. OR 9./.-1 C ....': // Deputy County Treasurer. .1. C. F. telco., Den- 45 1 .13 iT 'rr , 417 e. ' . :' '11 4 - ·' ' Ah , -1. f .8 i... . 1 %15 3.. 9.,t:. , .1 . 1. '1 :1 1.1 '1 ..'' L.: ..;4., 1 t./. O ·· 57'..'t .:~,•;'1~r..:Ll:'rett't'~'~:{4) ~r"~'~;~~~' 9, ' 1 j.. +7' . 1 33 . · ; 5 It 1, . . -f, , L ::' r.0 Si:'*:01·.~:!iit.·11:41 U I .1.·i..3 t f-·-'13·i·12.4 6*~ Sift~'pli·'df"-F· 6 1. . 114* i ·' - ~'5:··;--":'·~ '1'1~1·;t.·-.~4:7% ,;45~~iij.<*, 1*40 ... ,4 :1?71 4. 2 . 40 + 1 .,. h.911: 14%{323,#f.Fliwkibgi:1 441 ; 7. VM : · ~; .J~ ~ ..,1.- .t >41, ~....1-1.-1.... le:'.,1¢i~.1..:J- 1,1., P'.11,1 1 , I. . 1 . b .-6 %11:1 '.:1.,d.. ..:1:....,r..2, '.. f '111,01,1.'IAL.ilff,"'16-'%4 1. . '£4 #339205 12/05/91 1 Rec $5.00 BK 663 PG 744 I .t Silvia Davis, Pitkin Cnty Clerk, Doc $.00 GIF, 0/ SPECIAL WARRANTY DEED ~~ ~ ~~ -- Peter Rizzuto and Tuvia Stein 0 (4'U & 1% Wil*j whose address is 316 E. Hopkins, Aspen, Colorado 81611 >1 6-4 - E, 04 T * County of Pitkin HE DQUI U WEI , Colorado >44% and State of . for the consideration WCJ- ofTen ($10.00) dollars, and other good and valuable consideration 4 in hand paid. hereby sell(s) and convey(s) to ~~ 316 E. Hopkins, Inc., a Colorado corporation whose legal address is 715 W. Main Streets Aspen, Colorado 81611 €> 0- i.\ County of Pitkin . and State of Colorado >h 5 61 £1 3 88 the following real property in the County of Pitkin and State of Colorado. to wit: 01 Lot 0, Block 80 City and Townsite of Aspen also known as street and number 316 E. Hopkins, Aspen, Colorado 81611 with all its appurtenances and warrant(s) the title against all persons claiming under (me) (us). Signed and delivered this ,~)*k day of December . !9 91 Peter Rizzuto Tuvia ~~;0, .2- LAL, f>n jUM*37 ~ STATE OF COLORADO, f SS. County of PITKIN The foregoing instrument was acknowledged before me this 54+i day of December , 19 91 . by Peter Rizzuto and Tuvia Stein .4,4,~, 4 1. 44 2 0.0 f iyllf My commission expires . 19 Witness my Bank an -8116-4 *·. 44 713% Joy S. Higens/Notary Public My Commission expires 4/22/94 92... ... I. ...... 601 East Hopkins .f#f'/H -9 *If in Denver. in~ert "Cit> and. Aspen. Colorado 81611 J' 3. +Ii 2#f Notar> Public No. 900. Rev. 6-86. SPECIAL WARRANTY DEED (Short Form) Bradford Publishing. 5825 W. 6th Ave.. Lakewood. CO 80214 - (303) 233-6900 2-88 ~ 13(,- SL.39 M HRETT No. SPECIAL WARRANTY DEED -00 6 * Ti»tie, f fle, h ,;4860, 4,210;420 81611 10 STATE OF COLORADO, ~ - r ss County of J I hereby certify that this instrument was filed for record in my office this day of at ~.dock - M., and duly recorded in Rook . Page . ilm No. Reception No. Recorder By Depult. 1 Fees, S U ... . . .,1 ....1,/1 ' 1 9. : BRADFORD PUBLISHING CO. . . 7 . 4 . ~~ Commonwealth Land Title Insurance Company SCHEDULE A-OWNER'S POLICY CASE NUMBER DATE OF POLICY AMOUNT OF INSURANCE POLICY NUMBER PCT-5689 12/5/91 @ 2:01 P.M. $ 350.000.00 128-034984 1. NAME OF INSURED: 316 E. HOPKINS. INC., A COLORADO CORPORATION 2. THE ESTATE OR INTEREST IN THE LAND HEREIN AND WHICH IS COVERED BY THIS POLICY IS: IN FEE SIMPLE 3. THE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF POLICY VESTED IN: 316 E. HOPKINS. INC., A COLORADO CORPORATION 4. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS: LOT 0. BLOCK 80. CITY AND TOWNSITE OF ASPEN. COUNTY OF PITKIN, STATE OF COLORADO. t-ThZ) Il ' PITKIN COUNTY TITLE, INC. 12»- tna) fri EIGL, WO 93 601 E. HOPKINS AVE. ~untersign~d Authorized Agent ASPEN. COLORADO 81611 (303) 925-1766 THE POLICY NUMBER SHOWN ON THIS SCHEDULE MUST AGREE WITH THE PREPRINTED NUMBER ON THE COVER SHEET. .. .. ~ Commonwealth Land Title Insurance Company SCHEDULE B-OWNERS CASE NUMBER DATE OF POLICY POLICY NUMBER PCT-5689 12/5/91 @ 2:01 P.M. 128-034984 THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING: 1. Rights or claims of parties in possession not shown bv the public records. 2. Easements, or claims of easements. not shown bv the public records. 3. Discrepancies. conflicts in boundary lines, shortage in area, encroachments. and anv facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereto- after furnished. imposed bv law and not shown bv the public records, created, suffered. assumed or caused bv the insured, agents or contractors of the insured. 5. Unpatented mining claims, reservations or exceptions in patents or in Acts authoriz- ing the issuance thereof: water rights, claims or title to water. 6. Taxes for the vear 1991 not vet due or payable. 7. Reservations and exceptions as contained in the Deeds form the Citv of Aspen recorded in Book 23 at Page 132 and in Book 59 at Page 252, as follows: That, no title shall be hereby acquired to anv mine of gold, silver. cinnabar or copper or to anv valid mining claim or possession held under existing laws. 8. Encroachment as shown on Survev prepared bv Schmuseser Gordon Meyer, Inc., as Job No. 91144, Dated October 10, 1991. EXCEPTIONS NUMBERED 1, 2&3 ARE HEREBY OMITTED. 452 CONDITIONS AND STIPULA*NS . 0 - 1 , .. (Continued) 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. (b) When liability and the extent of loss or damage has been definitely This policy is a contract of indemnity against actual monetary loss or fixed in accordance with these Conditions and Stipulations, the loss or damage sustained or incurred by the insured claimant who has suffered loss damage shall be payable within 30 days thereafter. or damage by reason of matters insured against by this policy and only to 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. the extent herein described. (a) The Company's Right of Subrogation. (a) The liability of the Company under this policy shall not exceed the least of: Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by (i) the Amount of Insurance stated in Schedule A. or, any act of the insured claimant. (ii) the difference between the value of the insured estate or interest as The Company shall be subrogated to and be entitle d to all rights and insured and the value of the insured estate or interest subject to the defect, remedies which the insured claimant would have had against any person or lien or encumbrance insured against by this policy. property in respect to the claim had this policy not been issued. If (b) In the event the Amount of Insurance stated in Schedule A at the requested by the Company, the insured claimant shall transfer to the Date of Policy is less than 80 percent of the value of the insured estate or Company all rights and remedies against any person or property necessary interest or the full consideration paid for the land, whichever is Iess, or if in order to perfect this right of subrogation. The insured claimant shall subsequent to the Date of Policy an improvement is erected on the land permit the Company to sue, compromise or settle in the name of the which increases the value of the insured estate or interest by at least 20 insured claimant and to use the name of the insured claimant in any percent over the Amount of Insurance stated in Schedule A, then this transaction or litigation involving these rights or remedies, Policy is subject to the following: If a payment on account of a claim does not fully cover the loss of the (i) where no subsequent improvement has been made, as to any partial insured claimant, the Company shall be subrogated to these rights and loss, the Company shall only pay the loss pro rata in the proportion that remedies in the proportion which the Company's payment bears to the the amount of insurance at Date of Policy bears to the total value of the whole amount of the loss. insured estate or interest at Date of Policy; or If loss should result from any act of the insured claimant, as stated (ii) where a subsequent improvement has been made, as to any partial above, that act shall not void this policy, but the Company, in that event, loss, the Company shall only pay the loss pro rata in the proportion that shall be required to pay only that part of any losses insured against by this 120 percent of the Amount of Insurance stated in Schedule A bears to the policy which shall .exceed the amount, if any, lost to the Company by sum of the Amount of Insurance stated in Schedule A and the amount reason of the impairment by the insured claimant of the Company s right expended for the improvement. of subrogation. The provisions of this paragraph shall not apply to costs, attorneys' fues (b) The Company's Rights Against Non-insured Obligors and expenses for which the Company is liable under this policy, and shall The Company's right of subrogation against non-insured obligors shall only apply to that portion of any loss which exceeds, in the aggregate, LO exist and Shall irle]111~le, without limitation, the rights of tile insured to percent of the Amount of Insurance stated in Schedule A. indemnities, guaranties. other policies of insurance or bonds. (c) The Company will pay only those costs, attorneys' fees and expenses notwithstanding any terms or conditions contained in those instruments incurred in accordance with Section 4 of these Conditions and Stipulations. which provide for subrogation rights by reason of this policy. 8. APPORTIONMENT. 14. ARBITRATION If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or Unless prohibited by applicable law, either the Company or the insured more of the parcels but not all, the loss shall be computed and settled on a may demand arbitration pursuant to the Title Insurance Arbitration Rules pro rata basis as if the amount of insurance under this policy was divided of the American Arbitration Association. Arbitrable matters may include, pro rata as to the value on Date of Policy of each separate parcel to the but are not limited to, any controversy or claim between the Company and whole, exclusive of any improvements made subsequent to Date of Policy, the insured arising out of or relating to this policy, any service of the unless a liability or value has otherwise been agreed upon as to each parcel Company in connection with its issuance or the breach of a policy provision or other obligation. All arbitrable matters when the Amount of by the Company and the insured at the time of the issuance of this policy Insurance is $ 1,000,000 or less shall be arbitrated at the option of either the and shown by an express statement or by an endorsement attached to this Company or the insured. All arbitrable matters when the Amount of policy. Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to 9. LIMITATION OF LIABILITY. by both the Company and the insured. Arbitration pursuant to this policy (a) If the Company establishes the title, or removes the alleged defect, and under the Rules in effect on the date the demand for arbitration is lien or encumbrance, or cures the lack of a right of access to or from the made or, at the option of the insured, the Rules in effect at Date of Policy land, or cures the claim of unmarketability of title, all as insured, in a shall be binding upon the parties. The award may include attorneys' fees reasonably diligent manner by any method, including litigation and the only if the laws of the state in which the land is located permit a court to completion of any appeals therefrom, it shall have fully performed its award attorneys' fees to a prevailing party. Judgment upon the award obligations with respect to that matter and shall not be liable for any loss rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. or damage caused thereby. (b) In the event of any litigation, including litigation by the Company The law of the situs of the land shall apply to an arbitration under the or with the Company's consent, the Company shall have no liability for Title Insurance Arbitration Rules. loss or damage until there has been a final determination by a court of A copy of the Rules may be obtained from the Company upon request. competent jurisdiction, and disposition of all appeals therefrom, adverse to 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE the title as insured. CONTRACT. (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit (a) This policy together with all endorsements, if any, attached hereto without the prior written consent of the Company. by the Company is the entire policy and contract between the insured and the Company. In interpreting any provision of this policy, this policy shall 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION be construed as a whole. OF LIABILITY. (b) Any claim of loss or damage, whether or not based on negligence, All payments under this policy, except payments made for costs, and which arises out of the status of the title to the estate or interest attorneys' fees and expenses, shall reduce the amount of the insurance pro covered hereby or by any action asserting such claim, shall be restricted to tanto. this policy. (c) No amendment of or endorsement to this policy can be made 11. LIABILITY NONCUMULATIVE. except by a writing endorsed hereon or attached hereto signed by either the if the insured acquires title to the estate or interest in satisfaction of the President, a Vice President, the Secretary, an Assistant Secretary, or indebtedness secured by the insured mortgage, or any part thereof, it is express- validating officer or authorized signatory of the Company. ly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to 16. SEVERABILITY. which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and In the event any provision of the policy is held invalid or unenforceable which is a charge or lien on the estate or interest described or referred to in under applicable law, the policy shall be deemed not to include that provi- Schedule A, and the amount so paid shall be deemed a payment under this sion and all other provisions shall remain in full force and effect. policy. 17. NOTICES, WHERE SENT. 12. PAYMENT OF LOSS. All notices required to be given the Company and any statement in (a) No payment shall be made without producing this policy for endorsement writing required to be furnished the Company shall include the number of of the payment unless the policy has been lost or destroyed, in which case proof this policy and shall be addressed to Commonwealth Land Title Insurance of loss or destruction shall be furnished to the satisfaction of the Company. Company, Eight Penn Center, Philadelphia, Pennsylvania 19103-2198. NM 1 American Land Title Association Owner's Policy (10-21-87) Cover Page Valid Only If Face Page, Schedules A and B Are Attached Form 1141-3 0 9 2 9 ET E r = = American Land Title Association Owner's Policy = (Rev. 10-21-87) POLICY 1. g OF TITLE INSURANCE 1 .. = = ........® Issued by ~ Commonwealth® i Land Title Insurance Company = Title Insurance Since 1876 HOME OFFICE = EIGHT PENN CENTER PHILADELPHIA, PA 19103-2198 B-1141-3 fLF~~~~~~~~~~~~~~~~~~~~2 tb a E J I ..11, 111!Ill.Ill'I/Ill!!lill!!Ill!!Illl!!Ill!!Ill!1111!lilill]Illlililll!11111111111~11111~111111111111111111111111111~1111111!Illl11!1!Illl!111111111!Illl!11111111~,Illl,Ill,Ill,Ill,Ilill,Ill,11!lilll,IC' PUBLIC NOTICE RE: 316 E. Hopkins, Vested Rights Resolution NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, November 25, 1992, at a meeting to begin at 2:00 p.m. before the Aspen Historic Preservation Committee in the Second Floor Council Chambers, City Hall, 130 South Galena Street, Aspen, Colorado, to consider an application by Margaret Johnson requesting vested rights approval for the previously HPC approved site specific development/demolition plan for the parcel located at Lot O, Block 80, City and Townsite of Aspen, also referred to as 316 E. Hopkins St. Demolition plans were approved by the HPC on November 27, 1991 for the outbuilding only. For further information, contact the Aspen/Pitkin Planning Office at 130 South Galena Street, Aspen, Colorado, 81611. (303) 920-5090. s/William J. Poss. Chairman Aspen Historic Preservation Committee Published in the Aspen Times on November 6, 1992 City of Aspen account pub.notice.316eh.vr .. l RESOLUTION NO. 5 (SERIES OF 1992) A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMITTEE VESTING THE SITE SPECIFIC FINAL DEVELOPMENT PLAN FOR 316 EAST HOPKINS WHEREAS, 316 E. Hopkins, Inc. a Colorado Corporation represented by B. Joseph Krabacher, Krabacher, Hill & Edwards, P.C., 201 North Mill Street, Suite 201, Aspen, Colorado 81611 submitted a site-specific Development Plan (demolition of the outbuilding) to the Aspen Historic Preservation Committee. WHEREAS, the Aspen Historic Preservation Committee found that the demolition of the outbuilding constitutes the site specific development plan for the property on November 27, 1991 and; WHEREAS, the applicant has requested the development rights for said property, as defined and approved by the Aspen Historic Committee in the site specific development plans, be retroactively vested pursuant to Section 6-207 of the Aspen Municipal Code; and WHEREAS, The Aspen Historic Preservation Committee desires to vest development plans pursuant to Section 6-207 of the Municipal Code of the City of Aspen for a period of three (3) years from the original approval date of November 27, 1991. NOW, THEREFORE, BE IT RESOLVED BY THE ASPEN HISTORIC PRESERVATION COMMITTEE OF THE CITY OF ASPEN, COLORADO: Section 1 The Aspen Historic Preservation Committee of the City of Aspen, as a consequence of its approval of the site specific development plan, and pursuant to Section 6-207 of the Municipal Code of the City of Aspen, Colorado, hereby vests development rights in 316 East Hopkins Avenue for a period of three (3) years from the effective date hereof. However, failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Section 2 The approval granted hereby shall be subject to all rights of referendum and judicial review. Section 3 Zoning that is not part of the site specific development plan approved hereby shall not result in the creation of a vested property right. Section 4 Nothing in this approval shall exempt the site specific development plan for subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances of the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. Section 5 The establishment of a vested property right shall not preclude the application of ordinances or regulations which are general in nature and are applicable to all property subject to land use regulations by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes. In this regard, as a condition of this site specific development approval, the applicants shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, unless an exemption there from is granted in writing. Section 6 If any section, subsection, sentence, clause, phrase or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and shall not affect the validity of the remaining portions thereof. Section 7 Nothing in this resolution shall be construed to affect any right, duty or liability under any ordinance in effect prior to the effective date of this resolution, and the same shall be continued and concluded under such prior ordinances. Section 8 The legal description is Lot 0 of Block 80, City and Townsit of Aspen, Pitkin County, Colorado. APPROVED by the Aspen Historic Preservation Committee at its regular meeting on November 25, 1992. By William J. Poss, Chairman Attest: Kathleen J. Strickland, Chief Deputy City Clerk 316 East Hopkins Avenue Lot 0, Blk. 80, City of Aspen Pitkin County, Colorado 4 2 16' round Reba,- & 1 Story ellmK.Flastic Cap 1.6• , Shed < Cove .-. . Porch 4 . --I Lot N Lot 0 3,016 sq. ft Lot P 0.069 Acs.+/ f & 00 5 / 4 / 4 1 Story Wood ·I 6 %/ n Frame House al, B l* 4 0.3 . »7 Scrib#d h Coner,U· . '2544 ound Rebar & 9 53FfbU..._il Yellow.Plostic Cop East in Concrete Hopkins Avenue Legend and Notes: - S indicates found monument as descrbed. - ® Mdicates set monument rebar and cop LS. 15710. - 4 Indicates control point - Survey Orientation based on found monuments as shown. - Eaaemenh shown cre from Title Commitment Case No. PCT-5689 03 Issued 8-27-91 by GRAPHIC SCALE Pitkfn County Title, inc. 0 10 20 40 1 1 Surveyoes Certificate: 4 Kenneth R. Wilson, be(ng a Registered Land Surveyor h the ,/,1. ...L Slote of Colorcdo, do hemby cortly that this knprovement survey was mode under my •upervision and is he and correct to the bet of my beller and knowledge. 1 further certij> that the ;'4*~,0*GISTE-R/~o~#0~ improvements on the above described pored on the date, except ut#/ty connections cre enth#y •Rht the boundaries of * i the parcel, except as shown, thct there crs no encmcchments upon : LS 15710 11% the described premises by Improvements on any adjoining premises • . a.9£, except as indlcoled, and that there is no apparent evidence or sign of any easement crossing or burdening any pari of said 12•.:: SUR\' Clof* parcel. except as noted. 6,2/?U)J /DOJ.'t OF COLo r ........ apl Kenneth R. W#son L.S. 15710 JOB f 91144 Ale krafmp #64 SCHMUESER GORDON MEYER, INC. ENGNEIRS SURVEYORS 1001 GRAND AVE, SUITE 2-E GLENWOOD SPRINGS, CO. 81601 (303) 945- 1004 SCINUESER GORDON WEYER S 14'50'4 » Ill ---» - f.,~1115223 .: · . 2-11-1. .. , I ~~ ~ ~'~' - - . - , 7 - , I . t~-4**'.·e. k - and associates »t. 7. . 201-\ e . 4 ar<AMMB W. fia'.~10- l --- I I - 605 EAST MAIN STREET -000 1 1 \ ASPEN. COLORADO 81611 . It ~ ~~'~£~ r-=-r~~© 1 TEL. (303) 925-4755 ,/ 11 ===== / . 1 %-tl - 4 / 9 1 -1 0 AL LAUNDRY -L __l_ STO~Ge --- 4 ' /7 Issue: ~47 1 -- 1 1 ¢ 1 C- -V- - I --- 4-2-42 PROeRE66 1 -4 - fl A 1 = 02 -UU 1 U - 1 - -- NA 1 1 1 1 1 1 31 - 1 0 MASH -1 CUTTING EAST ELEVATION I STATIONS 1 5- 1 1 1 *1 1 tki> *..-- i .A 1 1 =22 1 //A NX 1 I. 1 m -- 1 L 1 '4 1 - 1/ i L -- - . it // 3* 1 Fl RECEPTSON I d r// 1 1 .. 1 CUTTIN6 e . . ITIONS 1 1 1 1 . 1 1 0 10> '' e . ~ 1 1 . /-*1-6~u /,3= /1 1 1 0 0 L I / 111 \ 1 =--111 COVER= PORCH 1 1 1 ~ 9 IIi 41 64 i 0 01 V 1 , 12'-3 1/2. 15'-3 1/2" NORTH ELEVATI ON 1 FLOOR PLAN 316 E. HOPKINS ASPEN COLORADO i. - 7 . 'Ar .-- , - -I I T . -9 - A. + . I .- . - * . I L .* .- t - -7 ~ ~ - ----- ' ,7-· - . .. ..~ . I ./ £- . EL--» 1 / /. , t. I - r -,~ - ,,0:5<, 0/ ..9.... ... T .4// r - --.& 1 2212.-g - 9 ---- <>P=£ 1 /. , - 1 1 22 2. 1 4· 1 - | ---- PROJECT - /.4 1 '. - \ 0 -- 316 E. HOPKINS 1 1-3 . 1 1 L--1 DESCRIPTION FLOOR 4 ELEVATION PLANS MEST ELEVATION ?87 5.F. = 92* E .E LIZASAE>LE SCALE, 1/40• 1,-0. - SOUTH ELEVATION SHEET NO A Ob ,n .//6 5-,9 11 -- U 4% .C/1 bl,h - - LA¥*.C ~. 44 - 77 'rah,r, , ?-ille 4%4 and associates ~ -.9· 93lt,'* #*klie'£ fla'•ti~_ 605 EAST MAIN STREET ASPEN. COLORADO 81611 M TEL: (303) 925-4755 Issue: 1/«\ 1042-42 PROSRESS COMMUGATED ™ANSLUCENT PANELS I t. /1/4 Ii:111 I 11 ] 11.Il!, Ilt 4 1 <ANMAug, ALLEY '!,i,1,·Illi,!j~ P",'i!;'~i,2 Ill:i'I HIll: 'fili i ~ ' / 1 1 1 | d f ii·~ ~ t .1-1 1 1 6 i i £ 1 1 I.....- , 21'-7' 1 ' ' BARN WOOD , 91-1/ 6 61-0. I I : 1 1 1 1 ~ 11 1~ 111..#.1 ~11 j I. S ! i i t-/ i ~ !!2191 K ill ! i ti ri i ·:- 1 ' 1 ! i I'll li i . -b I 1 1 1 1 li 1 1 1 1 ' 9 5 1 1 1!11#1 ! 1 & 11 1 1 1 1 1! 1 1 11 11 11 L. 1 U~ . I I I --- /vit- i Itt k i { ~ ~1 1 : STORAGE ' ' . 1 4 J i.! 11 h: j j j jj i ; i ! /1 • , 1 .1 1 1 - ONE STORY rl 9 SHED EAST ELEVATION ~ . CARCH t Il ~Al 11--JI- rio r -- ----4- x - ASMHALT ROLL - . 1 . / · ·· · ·· -leOMINS 1 STORASE J m £ + DES< - In 1 i _~1 · I ~ ~ t , li -1 lillillt 1 1 . :lit:1 litil kiliti11' 1 /- 3.4.N WOOD ~iiii 01 Ilizill:T, 4 67%1'lli ill<A- C -~ ~-~- --- - - ~ i~ 111'ill il li '/A%- ... 0 0 1 1 1 !j 11-0. 111=.- 0 i'' ' I I i-- i ~ ~ 'i / i 111 11''al'' i ···1 -.12 1 11 Il, .,!lil:,Ii.:li:11; 1 '1 NORTH ELEVATION FLOOR, PLAN i ' - - - BIB E. HOPKINS ~t. ~* ;4 ASPEN COLORADO = .. 1 1 . ...). 1 ' 1 .. La_ 1~. in , .. . --,77---73 · ilitj , J j ! 1: Ill'- 711 i , ·4 0 = 7 PLY)NOOD j 1 1 . A i / r : 1 ':1,1 '1111 1 't 1 FIE ; 11 111 ; 1 \C!~ .14~1-- i \:11 i l: i .5 - 1 \ 11 1 1 1 1 1 - 1 1 ' 1 1 , 1 . -blQBIEL .. PROJECT 316 E. HOPKINS DESCRIPTION SOUTH ELEVATION REST ELEVATION SHED FLOOR 4 ELEVATION PLANS 440 S.F. = 391 S.F. t-GA€4251.-6 SCALE: I/4'•I'-0' SHEET NO ~ A op op Al=loa (C).... . _ Bill POSS & ASSOCIATES. PC D# ~ and associates 605 EAST MAIN STREET ASPEN. COLORADO 81611 TEL: (303) 925-4755 1 = 9 Issue: D-2442 PROeRESS COMMUGATED TIUNSLUCENT PANEJ-S i ·f'.*PAE,AmhbimMA HI 'IL dHI'llili 11HliJ?FIL , 211'-7. 44 = 21- , , 2040 5-1. + 6400 1 1 1 I i lilli .. I ./.- 4 1 111 111 \1 AL.Zt ' lilli . 1 1 0 11 1/ - 11 1 11 : 1 1 1 lilli /1 1 11 ) 1 1 1 *To•Me 1 IUL' 1 1 ONE STORY SHED 2 - EAST ELEVATION 00195 FORCH 4 i E O n 1 1 1 11 L.-11 - 1 1 1 - AS/NALT ROLL ROOMINe = 4 STORA,61 I . I I -I '-y- in FOK -3-T[- lii 11 1,11'111 I. p ..r- L...IL--.....IL.-.IL- . I . .. m i 1 11 1 1 1 1 Jil . 1 4 L,-/- BARN WOOD 4 4 1 . 0 0 IHI la. 37.. 10'-1. 1, 0. ' 7 £ NORTH ELEVATION FLOOR FLAN 316 E. HOPKINS ASPEN COLORADO = .. i 1 1 1 1-: r 1 , .-, p--F" i 6411 111-11~41--4-,4- 1 1111111*i - / r = J/4 ; 4 14 , FLY)4000 . 4 0 1 M 1 1 J S 1 k 1 4 1, T=~- ~ I .Wil PROJECT 316 E. HOPKINS hIEST ELEVATION SOUTH ELEVATION DESCRIPTION SHED FLOOR 4 ELEVATION PLANS 440 W. = 391 S.F. 1-GASABL-EE SCALE, 1/4'•140• SHEET NO A op op 6120£:3 ©-BILL POSS & ASSOCIATES, P.C .+,6 .. .. .. .. -21-vil- ---*.72--*.f-- .-17 - 99- 2- ./AI•mT®f.IN#liij'll'll -r---22/---ZIZE---- -·uzzz- I -UZZ-- --UZZI_ - 17- 32==94=LE««»2-»J 79=33-1-----* ---- - FL----------------------17 WcALL#ZE#11~0~~Nr*- Z.Z- 0 - 7--- -7-- - 605 EAST MAIN STREET 27~--~- -1' ASPEN. COLORADO 81611 --2.222 _-J -2227--- 4»im@ 1 1 1·· r , TEL: (303) 925-4755 --| , 1 /1 ; i 0 1 M.C. L/ObiD/ff LJ STORAGE 1 m 1 Issue: 42 Jr'T 1 111 0 11 1 1 1 'Il -; r- - 1 -- 1 4-2-42 PRO®RESS Ft--____ 11=Eli -- 1 1 T.i /· f 1 1 til . I . 1 1 1 1 . 1 1 1 1 1 1 Nn CTTI Ne MASH GTATIONS 1 & 4 - EAST ELEVATION ~ ~ 1~ 1 1 1 1 ? 1 1 1 1 r £ _.4..2.1- --_21._.~~Z~3---· 1-zu-·3-- - 11 .L- 4---- ...7.......- I ~'-----4222zr -IZZL- -4 -*--7----1--- -- 11 1 --LIZZ.2.- --LIZZ- .._.-r-- - - it I _1 -r----~7-----~--2192--7 -2 ZEZZZLZZ-ZEZZEZ~ 1 1 1 R.G.MON 1 1 1 .. . .1 1 0=1 1 . 0 '6 0 1 .1. 1 . 14 0,4 0 \ / \ 11 1 / 111 l= = N \ 1 1 Ilit li 11 li .1~ li 111111 111 11 11-~1 11 COVERE PORCH 1 1 1 1 L --A- -A- ----------------1-1 / 12'-3 1/2" E=2-2._.__________.___1 NORTH ELEVATI ON FLOOR PLAN 316 E. HOPKINS ASPEN COLORADO ILL_-1 -- -Z.Z= - - -LL_ZL.1-2 1 1~--621212_n.Inry- . - -. LIZLI- _.~~EZZ ..___~~~--1--*-/--I- - - I -r---LE@ZE=_2_ --=z____----1 _r-t-7---_ i --7.27-------- -ZE"-£-- ZE 1-4----1----ir--*3.2------------ ~1][1 »-+03*3****E~ - -- 1.--.--+ -- -- -- - 0 22-2-1.1-12_I--7~ZZ-_-i-- 1 , I. i ' !'.,1 ' ' , ---7 ... -1--- -7 2 $ ....-- 0 - 1 · ,6 -- ---- 4, :11 11 i , 1 ; 1 1 1 --/44 - 1 y Ay - - PROJECT ---- - - 0 - \ di 1 1 ' T ·1 ' i '5 i 4, ---- - 4, til 1,11 ---- 0 1 ---- --- ° -- 916 E. HOPKINS 1. * !'.t ----- -- - DESCRIPTION 00 - FLOOR 4 ELEVATION PLANS 987 5.F. = 92* S.F. LEA SABLE SCALE, 1/4'•1'-0* REST ELEVATION SOUTH ELEVATION SHEETNO AE .11 ©-BILL POSS & ASSOCIATES, PC. 11:1) i:,b'.1,1 11*/G E-,9