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HomeMy WebLinkAboutLand Use Case.HP.403 S Galena St.HP-1991-18-- 01'A lIP'- IC['01 li (2 11•€~P $ A 2737-182~21-004 Co w' 3 1 ~01 4,0«24 == 9 ./:TIEilifollarrEfrriZ' 6 by 2155 1 P Lk_£'lAulPlt.lil' 1 ~ yAND USE APPIICA:LION DO}*i ~ 14-9-(ciqi -f g £) * Project Ni&81 A to Old) 32 2) i Project locationr 4 401 p. ~4 |c-*4% , 1£ pe,-1 (indicate street address, lot & block number, legal description where appropriate) Let *f-J + 1 ) ~ PreseNt Zoning- CC ~,4) 1& SUZE~ 10 Ia,_ LO+It 4) CNEY,~16,2 Na&3, Address & Phone # Edgar 4 N Z #de-,Iu, (31.,1/6,4 40 2 a ~c\'£«A 9-1 pc& er- 772 2 7 42« 6«--7 71 Itepresentative's Nane, Address & Phone # (.41) /)~j; Type of Application (please check all that apply): ¢p + A 00~itional Use Conceptual SPA Conceptual Historic Dev. Special Review Final SPA Final Historic Dev. 8040 GreenlLine Conceptual RID A Minor Historic Dev. Stream Margin Final POD Historic Demolition Mbuntain yiew Plane Subdivision Historic Designation Cor*lominiumization - Text/Map Amendment QUS Allotment. Int Split/Int line (2429 E]oemption Adjustment - 11) Description of Existing Uses · (number and type of existing structures; approximate sq. ft.; number of bedrooms; any previals approvals granted to the property). INCK ~larr k t_OL; / ~Ad /69 /) $ Fl" 21 P 4 VI st ~loir te <4- Ou<.• au. U 0 1/60 27$ Description of Development *plication ~ 10) 1,Have you attached the following?' Response to Attadment 2, Mininum Suhnission Contents Response to Attachment 3, Specific Submission Oontents Response to Attachment 4, Review Standards for Your Application PT, .. ATTACHMENT 2 Minimum Submission Contents for All Development Applications 'All Development Applications shall include, at a minimum/ * the following information and materials. 1. The apI;licant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. / 2 J The street address and legal description of the parcel on which the development is proposed to occur. 8 ' A (disclosureof ownerstd~) of the parcel on which the development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 747, An 8 1/2" x 11" vicinity map locating the subject ,/' · - parcel within the City of Aspen. J~*AIJAi 1 5., A written description of the proposal and an explanation in written, graphic or model form of how the proposed development complies with the review standards relevant to the Development Application. attach2.applications 1 1. .. ATTACHMENT 3 Specific Submission Contents: Minor Development to' Historic Landmark or in Historic Overlay District A Development Application for a Minor Development Plan shall include the following: ru«AA/Ai ~ 11~ A written description of the proposed development. €>161•9509 2 0 ./An accurate representation of all major building ~/4< materials, such as samples and photograpl}s, 40 be used for the proposed development. /1¢.(01 c a-jC_ Eaa.0~062-4. A scale drawing of the proposed development in relation to any existing structure. ,2.+AWN L-41 A statement of the effect of the proposed development on the original design of the historic structure (if applicable) and character of the neighborhood. 1.y rt'.. tr, i . ·3 · y.* . .A I 2 . 43 A 4. le ty 'li . I 4 4 T.1 9. 30 4/ 42. .... 14.... · · ·,Vt •i•4*«et'- 4;' 6~~'4<,-4'-4.'Paffik.#p.,3,4% .?6919....'44. 54;!i©;f.·~?:• •;wi i•·14Mt:.·t·3 J·'-- ATTACHMENT 4 Reviewi'Standards: Development in H, Historial'Overlay Distrigt or Development Involving Ilistoric landmarks 4 r. 92 No approval for any development in the H, Historic Overlay District or involving Historic Landmarks shall be -granted unless the liPC finds-·that all of the following standards *re? met. 1% 4 -* 1 41. Ther proposed development is compatiblet in character- CRU+Agu .1 parcel and with development on adjacent parcels when with designated historic structures located on the the,~ subject site is in an iI, Ilistoric Overlay District or gis adjacent to an Historic Landmark.(h yor Historic Landmatks where proposed developmeht wouldl extend into front yard, side yard and rear yard setbacks, extend intp the .minimum distance between buildingla on the lot or 'exceed the allowed floor area, HPC shall find that such variation is more compatible in character with the historic landmark, than would be development in accord with dimensional requirements; and· :4 . 4 9,1 <G t. - b. The,0 proposed development reflects and 214 consistent with the character of the neighborhood ' of the parcel proposed for development; and .2.7 4. 4 c.4 Thej proposed development enhances or does'Ainot detract U from the cultural value of designated historic struc- tures located on the parcel proposed for.development or adjacent parcels; and 4.: ·· 7 7 Acl. Thet' proposed development enhances ·or does not diminish 7 or ·~detract from the architegtural integrity of a designated historic structure or part therebf. 4,· t,& . V ' 9 Historic District and Historic Landmark 11: Development Guidelines have been adopted by the City-?"Council for uselby HPC. Applicants should consult these guidelines in addition to the above standards. K , ./ 04. . , 4 1 4.4 P. ' e.. ... 4 1/ '. ·i« 2? .4 0. . 1 8. V. r :t· I .3... f· '' 3 / · 14 4 f. 32. 64, :2, 9.33'14 4€2 ;,·+·-- ·-' ' L.· 4 ~ 2.·er,· *C:;NS,»01 .kfi.19 ' I Y Attachment 5 <. 4 2% .4 5 Public Hearing Notice Requirements 4- f· There are three forms of notice required by the Aspen Land Use Regulations, these being notice by publication in the newspaper, notice by posting of the property and notice by mail to surrounding 9 landowners. You can determine whether your application requires notice, and the type of notice .it requires, from Table 1,Flwhich is attached to this summary. , 4 I. :b . I. Following is.,a summary of the notice requirements:, including identifying who is responsible for completing the notice. t't 1. Publicat'ion N Publication of · notice in a paper of general circulation in the City of Aspen is to be done at least 15 daysT prior to the hearing. The. legal notice will be written by the Planning Office Administrative 7wsistant and we will place theknatice in the paper withinthc appropriate deadline. ?:'2144 2. Posting c Posting of a sign in a conspicuous place on the propetty is to be done 10 day# prior to the hearing. It is thetapplicant's responsibility to obtain a copy of the sign from the Planning Office, to fill it .in correctly and to bring proof (preferably a photograph) to the hearing that posting took place.. 4 3. Mailing,:. Mailing of ndtice is to be made to all owners of property within 300 feet of the subject development parcel by the applicant. It is the applicant' s .responsibility to obtain ,a copy of the notice from the Planning Qffice, to mail it according to' the following standards, and to bring proo f to the hearirig ( ini the form of a signed affidavit) that the mailing took place. . Standards for notice shall be as follows: ... ..... 4 a. Any federal agency, state, county QI municipal government service district or quasi . governmgntal agency that owns property within 300 feet of the subj,ct property must be ;mailed notice 15 days prior to the hearing. b. Ali other landowners within 300 .feet of ,·the subject property must be mailed notice 10 days prior to the hearing, unless .notice J is given by hand delivery, in which case it '·r must be sent 5. days prior to the hearing. .. : . 1-9 K.: C. Subdivision applications only also require notice by registered mail to all surface fowners. mineral owners and lessees rof mineral owners of the .subject property. The names and addresses of property owners shall be 'those on the current tax records of Pitkin County as they appeared no more than sixty days prior to the date or public hearing. J 9/Al 41 E 1 eT IM -ik + .,1- <. .?19 il'PLICATION TYPE 1UBLIC 1 11ARING 1202}IRED? BY 1411OM t. FORM OF NOTICE* + 4*litional use Y Commission ij, r:ial Review N 4. N . ' 3- bio Greenline i learn Margin N t n u fain View Plane , N nceptual Historic Development Y III)C .... 4,11,2,3 i nal Historic Development N P Gb i nor Historic Development N i:-.torie Demolition v Y 111€ . 21,2,3 .. C i storic Designation HPC, Comnis. C HPC-1,2,3 4. & Council '·t· Conimis.- 1,2,3 -, ,· Council-4 o ~ uptual SPA f Y Council 9 El,2,3 0 31,2,3 mal SPA Y Commission ' Di teeptual PUD ' Y Council · .1,2,3 tual PUD Y Commission :· *1,2,3 . 2 Y Commission : 1,2,3 ti division i *lominiumization V N i, jt Split Y Council . 1 4 ., 1 Line Adjustment 21,2,3 MUS Allotment T Y ·~ Cammission MOS Exeruption € N (except for see above for lot split lot split) 2 Cammis.-1,2,3 141 41 Amendments t ¥ Camission & p Council i f Council-4 .4 ' I k oct Amendments Y Commission & , ·2.Cammis.-1 r Collneil '' 'Council-4 A Numbers refer to the following: 1 = Publication in newspaper 2 = Posting of property ~ i = Mailing to surrol Inding landowners 4 = Ordi nance adopt ion procalure: 1, SC. ., C . 4....22.. 1 1.':. ...5.-.t:.%.- -·., t:.4 9 9242'-;33-~·i~'fc: 1 4 . ..€. 0 ef f /1 I F . AC t; ' Attachment 6 : 4 General Summary of One Step HPC Application Process 1. Application Types: The following are the Development Appl ications which are processed in one 'step by the HPC: 4 * Minor Development 2. Development Review Procedure Summary. The r one step HPC review PFOcedure can be described as follows. jit .. Stage One: Attend pre-application conference. <The purpose of this one-on-one meeting with staff is to determine the review process into which your development propo@al fits and to i dentify the materials sta f f will need to 'ireview your application. Stage TWO: Submit Development Application. Based on your meeting with staff, you should respond to the appropriate portians of the application package and submit the requested number of copies of a complete application; with the appropriate processing fee, to the Planning Offige. Stage Three: Determination of Completeness. Within five working days of.the date of your submission, the application package will be reviewed by a member of the staff. You will be notified in writing of whether the application is complete/or if additional materials are required. Please be aware that the purpose of the completeness review is to detpimine whether or not you have .submitted what was requested, not' whether the information is sufficient to obtain approval. 1,t Stage Four: Review of Developmeht Application...' once your application is determined to be complete, a date for its review by the HPC will be set. The submission due date is a minimum of 12 days prior to the ,HPC review date, to allow for staff review and memo preparation. 0 It is the "lanner's task to review your application with respect to £ts compliance with the Code and kto write a review memo. In the memo, the planner will recommend approval;, denial or tabling of the application and recommend appropriate conditions to this action. The memotis normally available at the end of the week before your hearing. You will be called to pick up a copy of the memotwhen it is ready, or we can mail it to you i f you so request. Your project will be presented to the f HPC at 'a regularly scheduled meeting. A copy of the agenda showing where during the meeting your application is scheduled can be obtained·when you pick up the staff memo: ¢ i . . ....1.,.· 15. ·12 Ctifi' 4 . 1/ 1-- k # :·42 9 3. The typical meeting includes a presentation My staff, a presentation by you or your 'representative, questions and , comments by the review body and.'the public and an action on the staff recommend'ation, unless additional information is requested by the review body. 2 * Stage Five: Receipt of Building Permit. Once you have received'final approval of your development application, you may proceed to building permit oreview. During., this time, your project will be examined for its compliance with the Uniform Building Code. It will also be checked for compliance with applicable provisions of the Land Use Regulations which were not reviewed in detail during the one step review (this might include a check of I floor area ratios, setbacks,· parking, open space and the like) . .Fees for water, sewer, parks and ..·: employee housing will be collected if due. Any document required to be recorded, such as a plat, deed restriction or agreement, will need to be reviewed and recorded before ·a Building Permit is issued. For more information on the Building Permit Stage, please visit the Building Department to obtain handouts on their review procedures. .. 9. 3. Consolidation: Minor Development review may be consolidated with the designation of a historic structure. However, actual consolidation of HPC review with review by the Commission is not possible due to the different review bodies required to approve such applications. However, staff recommends concurrent application review to .reduce your overall processing time. Applications which -you may submit for concurrent P&Z review include: * Conditional use ; * Special review * ESA' * CMQS exemption for historic landmark 'orr. affordable housing If you are submitting any of the above applications along with your one step application, you should also ob*tain the< application package for that type of submission from this office.: 1stephpcsumm f '/1 14 q I . TRUM Aw/4 54' S#a- me,UL:V 1 p u gm/Q L.#-7-# '6*_. 1464~ #60 (07,//4-*ETE 1-P-)· a M.·44% M A.*icS-P IN 09 @711147 MINOR HISTORIC DEVELOPMENT \40,\6 DA Application Package Contents 9 9*3 60 6>F- fE)(4-0.7 5 Attached is a Development Application package for submission of your application. Included in this package are the following attachments: 1. Application Form 2. Description of Minimum Contents of Development Application 3. Description of Specific Contents for Submission of your Application 4. Copy of Review Standards for Your Application 5. Public Hearing Notice Requirements Summary 6. General Summary of Your Application Process Generally, to submit a complete application, you should fill in the application form and attach to it that written and mapped information identified in Attachments 2 and 3. Please note that all applications require responses to the review standards for that particular development type. The standards for your application are listed in Attachment 4. You can determine if your application requires that public notice be given by reviewing Attachment 5. Table 1 of that attachment will tell you whether or not your application requires notice and the form the notice should take. Your responsibilities in this regard are summarized in the cover explanation to the table. We strongly encourage all applicants to hold a pre-application conference with a Planning Office staff person so that the requirements for submitting a complete application can be fully described to you. 4 Please also recognize that review of these materials does not substitute for a complete review of the Aspen Land Use Regulations. While this application package attempts to summarize the key provisions of the Code as they apply to your type of development, it cannot possibly replicate the detail or the scope of the Code. If you have questions which are not answered by the materials in this package, We suggest that you contact the staff member assigned to your case or consult the applicable secti.·ns of the Aspen Land Use Regulations. appcover 1 Un 06 t B , Un #T-193Lil A ./1 . JL. 13. MEMORANDUM To: Aspen Historic Preservation Committee From: Roxanne Eflin, Historic Preservation Officer Re: Minor Development: 403 S. Galena, Guido's Restaurant building Date: ~Apr11*24, 19919 APPLICANT'S REQUEST: Minor Development approval for a retractable awning (8'6" wide x 39' in length) over the south balcony seating area of the restaurant building (second floor). APPLICANT: Edgar Wettstein, owner ZONING: CC, "H" Historic Overlay District PROBLEM DISCUSSION: The Development Review standards are found in Section 7-601 of the Land Use Code. Awning guidelines are found in Section IV(E) of the Design Guidelines, page 25. 1. Standard: The proposed development is compatible in character with designated historic structures located on the parcel and with development on adjacent parcels when the subject site is in an H, Historic Overlay district or is adjacent to a Historic Landmark... Response: Staff finds that this standard has generally been met, with the exception perhaps of color. We recommend that the HPC consider an alternative color that more closely resembles the body of the building, to allow the awning to blend in more with the architecture and theme of the building. This awning is highly visible from areas immediately south of the district; the applicant may find that a lighter color (off-white) may provide a more translucent cover, still providing some wind and rain shelter, while allowing ample light to penetrate. The HPC may find that this color alternative will provide a more compatible and subtle finish to the south elevation of this building. The awning guidelines reference their use at storefront level, and on second story windows, however, are not necessarily addressed for use above-grade to screen a balcony. The HPC should consider whether this application is appropriate in the district, and what precedent is being set should an approval be granted. The Guideline states: "Consider using awnings or canopies to provide color and depth to the facade. On many storefronts and upper story 0 . windows awnings are appropriate. These awnings should match the shape and width of the opening it is covering. They should not obscure important details. The awnings should also be aligned with other awnings on a building. Canopies are appropriate only on the ground level and should match the width of the storefront. Awnings or canopies made of aluminum, fiberglass and other rigid materials are not encouraged. Awnings that do not serve as useful sheltering from sun, rain, or snow are not encouraged." The important issues to consider in this application may be prioritized as follows: 1) Is the use Of this awning compatible with the building's design itself? 3) Does the style, type, texture and color harmonize with the building? A medium intensity terra cotta color has been chosen - is this compatible? 2. Standard: The proposed development reflects and is consistent with the character of the neighborhood of the parcel proposed for development. Response: As the awning is retractable (for ease in use during the summer), and located at the rear of the building, does its use interfere or diminish the character of the historic district? Staff is mixed on this issue, although we don't necessarily find that this awning is necessary inconsistent with the district. 3. Standard: The proposed development enhances or does not detract from the cultural value of designated historic structure located on the parcel proposed for development or adjacent parcels. Response: Staff finds that the cultural value of the structure will not be diminished with the installation of this awning. 4. Standard: The proposed development enhances or does not diminish or detract from the architectural integrity of a designated historic structure or part thereof. Response: The Planning Office asks the HPC to carefully consider whether the awning's proposed location creates a competing element that obscures important details or creates a discordant element on an otherwise thematic "mountain chalet" style structure? It is our recommendation that the metal casing be attached at a location as to not appear "tacked on", in order to appear integrated with the horizontal members of this elevation. This metal casing should be painted a flat matte finish to blend in with the trim color closest to it. 2 .. ALTERNATIVES: The HPC may consider the following alternatives: 1. Approve the Minor Development application as submitted 2. Approve the Minor Development application with conditions, such as: restudy of the awning color to blend in with the body color of the building mount the awning casing integrally with the horizontal trim < ~ with trim color awning casing shall be painted to blend in d) no drop valance 3. Table action to allow the applicant further time for restudy (specific recommendations should be offered). 4. Deny Minor Development approval finding that the application does not meet the development review standards. RECOMMENDATION: The Planning Office recommends that the HPC grant Minor Development approval for the awning application at 403 S. Galena, with the conditions stated in Alternative #2 above, to be approved by staff prior to the issuance of a building permit. memo.hpc.403sg.md 3 0 0 1&11 1 mi m 0 %71-E IR~ Descrintion of Develooment Agolication We are asking You for oermission to instal a awning which is fully retractable. The awning will be on the 2nd floor of Guido's building above the balcany an the southside (towards Rubeypark). Guido's fassade is a combination of stucko and wood. The wood is painted in a dark creamy brown. The housing of the awning will basically match the painted wood. We don't see any problems with the compatibility within the historic district since there are all different tynes of awninos in use. In edition to that the whole southfessade in that cityblock rebresents more the architecture of the "new" Asoen. The same type of awnings has been used until last sunmer on our building west of Guido's. We need that awning since we are serving restaurantguests on that balconv. In summertime the temoerature in the full sun easely reaches 50 - 70 degrees, which can be harmful for peoole. At the moment we don't see the need of a valance on the awning. We still would like to ask for nermission to mount e valance in case there is a need for it. In that case we would go to the smallest size of 6 inches, which is appr. 3 inches more then the awning will show without valance. All the dimensions are given on the graphic and the photo. Ailk y 03 - U. 1 1 F 0 3. 4- f im E-?U«2186.1 , 61-122:TU RE _ _ . r-z.NEW ,S'-22-A. 34'_ / LAJF#AL.,_131,4„ Av,N}Nup h A V- - 1 1 '1 1 . .,<i';1;ti~~t;tj<14·(,t~titit;UWAR;Glit-,t~titit;<;tif~tit<(<({tikkaw*4 3* .....a ..oc . ~r<>(;(,·~·~><~<~t<<~<j;(,ti<ic<).t,(f?;6<,~;<·¢;t,?,<:~tit,4,14<i<~f.~2...({t·i<;tk,(,ti<>t'-<;t;ttt.,'<~~t~t.(1>4;t{(ititit<<<<4·'ii~(;tit<·';t;<~t;t;t>t~(it:~ti<;tif;t;(.<<{tit~t~<;titii;diii: . r.- diaL - -,2- p y, . 1 I V--I..-*-Ii./.- -... -- -1- O.4 ' 1 9,9 + r fit-- C) 4 , 041-- fl /6%144) U I cl~ AGFU 11-<jIAV- <i Lili~di~ 1 B.~C o f(- L,3 r LkiWL ~ 4 * 4 44 u-ect € 7 7~ 3»j 4 3- cory q_-8 8-4-, u~Zilqpr~~ fkt- lu fa pe 00-j 6 (21 5 3 buj U okaic-L 1r.f3=- l FIGURE 111-2 LEGEND + full \ i ; 98 'INVEATOhY dR HISIGAIC ES AND STRUCTURES : ' 9 1 1986 UPD E Exceotional Structures designated I I I not yet designated 0 Nex-- ASPEN, COL ~ Excellent Structures I i % designated • , ..f\«1/71 k=E««---«\ PREPARED .4.4E ASPE,Upt™IN PLA-ING ACE 0-te not yet designated A Notaims · designated * / • '00 not yet designated o ,00 d--1.-1- ' Contiibutinct Strucill,M, 0 0 200 400 EXISI'kills/Qi/11"51//1/8 1. Inain street 2. comnercial core M,1 / HSTORIC 1 (1 3.west bleeker/hallarn street O ' 4.hallam lake i 6.tift 1 5.community church \3- C , j .: , i ad=2 - ... 3-- v -4· 33- l.--Rs) .. ./ 6 _ A . ·~· =€1 -,·,:1?2?i.·\#N€%* vomfdm wg~ . ... 11 d -15:- -_ .h i. . ., u.-- . 17.211 I-144·w \- , rur"-as*52+2 + L '6. % ...rrrr·r--9 111.,[2373 311 lilli. Emk Ela . \ P -- -- ..... rrrTTrrm JON,i .~·;Il ~L : LlLU-Eh..441,,y .L ojjl-. I ,,. 71TrnIIA mlmfll LITT~/TI: 6.I RU.11 6. . If i.-*- 1-- g \) d Erk 1 1 -. I 1 11 441.u 4 -- Fl-I....- Ul£LL16 ... .I- , i Z= A-» 0 . -4 . ~11*1 *t.~am mite - . i... - I -04- 7-Il --- --- i /9 [[IU[80 II[WIE' [iFW:Rl'MWI[Il:iI®lm r=mt im¢Mf,im[[1~ 1{[Ium![II~ill~J. , -n h35' O t 'll #I. .... UT- [[ICE] -@tm@-mmilifmnimvI[EI[lgil~frEI[[l-iL]-1.9111111· 11111:1¥ l~oti~~ [11111[19 - . [mUI]b [im·[mEr or* * 1-91 /0 -0 I - 1 rEi -1 -·immIII] tul#LLU ·m@Im Miwili#14 *7. F W<4-#floar 11121¢0 - Ilittzel] 41hlitill , MIEI]B MIM-WHIMI_-i \ *+TFUN minTral nTrmm. 1 1 1 111.11.Ir-ill*1111] WZiI -UELEI lui'Ill -1 . L.=9, -4 -... -. · mamiJ · liwill} Pmm~K . 7-1 1.- A L 1 Er= S. - p ~ ' i 7..U#.M Murit emij-:- L.---1 -kE *.. N /7-A / £ FLA/.. 11 . . .. . -''. . rfmrr·coMWIEL l. .- .- Xi Z % UU,14+1 »Imi i El " . I .4 ;=4.0=1 LilifUL- ' 2%9- / 1 tit ·71 1 F 0-.-- ' 2•, ¥.14; 111.19 al: .. lie- .. No__-99598____ 162-171-WARRANTY DEED-The C. F. Hoeekel Illink Book & litho, Ca, Denver, Colo. 14397 9 r ti. ip yn tbis Beeb, Made this 22nd day of August in the year of our Lord one thousand nine hundred ~~ ~ ind fifty-two ,betw GORDON T. HEARD ~ il of the County of Pitkin , and State of Colorado, of the first part, and GUIDO PAUL MEYER 1 11 11 of the County of Pitkin , and State of Colorado, of the second part: WITNESSETH, That the said part y of the Arst part, for and in consideration of the sum of Ten -Dollars and other valuable considerations - - - - - - - - - - - - - - - - - - - BOW.ARS,- to the said part y of the first part in hand paid by the said part y of the second part, the receipt whereof is hereby confessed and acknowledged, ha S granted, bargained, sold and conveyed, and by these presents doe 8 grant, bargain, sell, convey and confirm unto the said part y of the second part, his heira ~ and assigns forever, all the following described lot S or parcel S of land, situate, lying and being in the County of Pitkin and State of Colorado, to-wit: Lots H&Iin Block 90 in the City and Townsite of Aspen. 51 t (Three Dollars and thirty cents documentary stamps attached and cancelled,) 1 k K 1 TOGETHER with all and singular the hereditaments and appurtenances t hereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said part y of the first part, either in law or equity, ~ ' of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said ~ ~ part y of the second part, his heirs and assigns forever. And the said part y of the first part, for himself, his heirs, executors and administrators, do e S covenant, grant, bargain and agree to and with the said part y of the second part, his heirs and assigns, that at the time of the ensealing and delivery of these presents he is well seized j I ' of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and ha S good right, full power and lawful authority to grant, bargain, sell and convey the same. in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, salea, liens, taxes, assessments and ineumbrances of whatever kind or nature soever, Except a certain deed of trubt in favor of 11] Title Guaranty Co. of 1711 Calif. St., Denver, Colo. for the amount of 59,166.70 whith is Ill recorded in Pitkin County records on pages 539 & 540 in book 175 and known as document #985*, which deed of trust grantee agrees-to pay in full. Also excepting an assignment of rents agreement known as Document #98565, Book 175, Page 541. I and the above bargained premises, in the quiet and peaceable possession of the said part y of the second part, his heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part y of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, The said part y of the first part ha S hereunto set his hand and seal the day and year above written. Signed, Sealed and Delivered in Presence of ~ Gordon T. Heard (SEAL) (SEAL) (SEAL) 1 STATE OF COLORADO, /SS. County of I, a Notary Public in and for said County, in the State aforesaid, do hereby certify that who personally known to me to be the person whose name subscribed to the Deed, appeared before me this day in person and acknowledged that signed, sealed and delivered the said instrument of writing as free and voluntary act, (SEAL) for the uses and purposes therein set forth. ·Given under my hand and seal, this day of , A. D. 19 My Commission expires , A. D. 19 Notary Public. ~ STATE OF COLORADO, 1>ss. county of Pitkin J ~ The foregoing instrument was acknowledged before me this 22nd day of August A. D. 19 52, by Gordon T. Heard NOTARIAL • Witness my hand and official seal. SEAL (SEAL) My Commission expires Jan. 20 , =x 19 54 Notary Public. Jan es E. Moore 1 Filed for record this 25th day of August , A. D. 19 52 , at 1:45 , o,clock P. M. By Deputy. ~ Wm C. Stipleton .........Recorder.