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HomeMy WebLinkAboutcoa.lu.su.Shoaff Waterfall.9-82 ~ v..', CITY OF A~.:EN .. MEMO FROM AUDREY N. STORBECK ,---. This is a 'dead' file due to applicant's request to pull it from the process. ~""""'- ''! ,-,., ,.-..", CASELOAD SUMMARY SHEET City of Aspen No. 9~! ~ 1. DATE CERTIFIED COMPLETE: 2.APPLICANT:~noelJv fh('JeM..1 STAFF: . (J,H! &/J~ ~_(fO <Z. l1.ydl;;; ~ t,1('IJ -P~,(,f'y H~rlJet.t S~&710<... ~'o~ WahJ1~1f ~bd i1J':Ji~ - P\YY~ tI m~ " , ~ q,~QI Pk-l 3. REPRESENTATIVE: 4. PROJECT NAME: 5. LOCATION: I I I 6. TYPE OF APPLICATION: , 4 Step: GMP ( PUD ( ) } Subdivision 2 Step: Subdivision Exception ( GMP Exception ( Rezon i ng ( SPA ) ) ) 1 Step: Use Determination Conditional Use Xspecial Review ( RI'I!IA1dm&(I0Jo f1at ) HpC Other: No., of Steps: .]. REFERRALS X Attorney _Sanitation District ~Engineering Dept. _Mountain Bell Housing _Parks _Water Holy Cross Electric City Electric Fire Marshal/Building Dept. 8. DISPOSITION ~ f~ ~ ~ JI1tk1f!XlfI. _ P & Z ApproYi:d 'Denied Date _School District _Rocky Mtn. Nat. Gas State Highway Dept. ---.Fire Chief _Other ,.'" -: ~. "." .." . .-' ~, ,~, ~ .......~ ... /"",,-, ~ Council Approved Denied Date . 9. PRELIMINARY PLAT REFERRALS: _Attorney _Engineering Dept. _Housing _Water _City Electric _Sanitation District _Mountain Bell _Parks _Holy Cross Electric Fire Marshal/Building Dept. _School District _Rocky Mtn. Nat. Gas _State Highway Dept. _Other 10. PRELIMINARY PLAT - PUBLIC HEARING P & Z Approved Denied Date 11. FINAL PLAT Council Approved Denied Date 12. ROUTING: Attorney Building _____Engineering Other ,-,., ,.-." -.. 1"""\ !""'\ MEMORANDUM TO: Aspen Planning and Zoning Comnission FRCM: Colette Penne, Planning Office RE: Shoaff Waterfall Subdivision - Amendrrent to Final Plat DATE: March 16, 1982 Location: Zoning: Applicant's Request: Referral Comments : Planning Office Review: Planning Office Recommenda- tion: West of Neale Street at the intersection of King Street. (Above Herron Park) R-15 To rerrove a building envelope sh= on the Shoaff Naterfall Subdivision Fianl Plat which was drawn on the plat without being a condition of subdivision. Engineering Depar1::rrent The building envelope is not required to be sh= on this sub- division plat. The Engineering Department feels that its study of the irrproverrent of Neale Street is complete enough to request a 10 foot road right-of-way easement across the Neale Street property line of this property. This request should not be oonstrued as a condition for approval. The Engineering Depar1::rrent suggests that the building envelope for this property be removed instead of Irodified. The only condition is that the development on the lot meet all zoning and building set-back restrictions. City Attorney's Office "I have ,no problems with the removal of the building envelope from the plat, pursuant to Section 20-21 (b) , engineering errors. I have reviewed the City Clerk's file on this subdivision and confirm that the placerrent al1.d existence of the envelope was not a condition of the approvals. Additionally, I can find no evidence of conditions irrposed arising from a stream margin review. Therefore, from a Planning and Zoning point of view, the envelope is surplusage and, again, there is no problem in the Planning and Z6ning authorizing its rerroval from the plat upon representations by the applicant that it is there in error." Section 20-2l(b) of the Municipal Code states that the correction of an engineering error on a recorded final plat must be approved by the Planning Ccmnission. As stated in the City Attorney's office metro, the placenent of this building envelope on the plat was erroneous, since it was not a condition of the approval at the time of subdivision and formation of this lot. The applicant is aware of the Engineering Depar1::rrent' s desire for an additional 10 foot right-of-way easement along Neale Street. The Planning Office con=s with the Engineering Depar1::rrent; hCMever, that the granting of the easement should not be a condition of approval. The Planning Office recommends that the Planning and Zoning Ccmnission approve the rerroval of the building envelope from the Shoaff Waterfall Subdivision final plat as per Section 20-2l(b) of the Municipal Code unconditionally. -- "" MEMORANDUM TO: Collette Penne, Planning Office Departmen~ FROM: Daniel A. McArthur, Engineering DATE: March 9, 1982 RE: Shoaf's Waterfall Subdivision Lot 1, Building Envelope Change ------------------------------------------------------------ In reply to your request of March 2, 1982, reference the above the Engineering Department has the following comments: 1. The building enVE!lope is not required to be shown on this subdivision plat. 2. The Engineering Department is currently studying the improvement of Neale Street, said improvements would require an additional 10 foot of road right-of-way across this property. 3. The Engineering Department feels that its study is complete enough to request a fee title donation of the 10 foot road right-of-way and/or a 10 foot road right-of-way easement across the Neale Street property line of this property. This request should not be construed as a condition of approval. The Engineering Department suggests that the building this property be removed instead of the modification. condition for this is that the development on the lot zoning and building set-back restrictions. envelope for The only meet all DM/co ~ , ,-, ,..-, PEN 130 asp MEMORANDUM DATE: March 9, 1982 TO: Colette Penne FROM: Gary Esar~ RE: Shoaff Waterfall Subdivision - Amendment to Final Plat In response to your memo of March 4, 1982, I have no problems with ~the removal of the building envelope from the plat, pursuant to Section 20-21(b), engineering errors. However, I understand from my brief conversation with Perry Har- vey, that Mr. Owen wanted to enlarge the building envelope by moving the easterly envelope line nearer to the property line. In fact, the sales contract makes such an enlargement a condition of the contract. An enlargement request leads to a legal dilemma, to wit: I can find nothing legally to prevent such an enlargement, but I can also find no established legal procedure by which the P&Z could properly accomplish such an enlargement. C."_.. ....... /I have reviewed the City Clerk's file on this subdivision and con- firm that the placement and existence of the envelope was not a condition of the approvals. Additionally, I can find no evidence of conditions imposed arising from a stream margin review. Therefore, from a P&Z point of view, the envelope is surplusage, I' and, again, there is no problem in the P&Z authorizing its removal from the plat upon representations by the applicant that it is there in error. However, the P&Z approval of a change in the envelope is another question. I don't believe the P&Z has been, in this type and stage of development, concerned with the placement of buildings on the plat. The placement, with its attendant measurement of set- backs and such, is properly the responsibility of the building department upon review of building plans. The P&Z may not wish to get in the business of drawing building envelopes for single- family dwellings on GMP-excepted lots. &RU4.rl'Q: ,. " ,~ ~ Memo to Colette Penne March 9, 1982 Page Two I'm not sure what the applicant was attempting to accomplish with the prior envelope or is attempting to accomplish with an enlarged envelope, other than meeting a condition of a sales contract. If the purpose is to protect someone's view, then perhaps a separate contract with the concerned party might work. I sympathize with the parties involved in this application, who are bound to the terms of a signed contract. However, their concerns could be addressed in another way, perhaps, by executing a new sales con- tract contingent on the issuance of a building permit with the agreed-upon building envelope. To sum up, my admittedly conservative recommendation would be to permit the removal of the envelope and leave the later re-drawing of the envelope to appropriate agencies. On the other hand, I don't see anything to prevent the P&Z from approving an enlarge- ment although such an approval, not being a condition imposed by a necessary review, might be unenforceable by any of the parties. GSE:mc r-. ^ ~I'{e ,MEMORANDUM , TO: Paul Taddune, City Attorney City Engineering Department FROM: Audrey Storbeck (for Colette Penne) v . RE: Shoaff Waterfall Subdivision - Amendment to Final Plat DATE: March 4,1982 Perry Harvey recently delivered copies of the Shoaff Waterfall Subdivision _ Amendment to 'Final Plat application to your office. Please review and send any comments to me by Monday, March 8. The applicant, Kenneth Owen, would prefer that the building envelope be removed from the plat altogether since its location was not a condition of the lot split. This item will be on the March 16 agenda for City P & Z, if it receives your prompt attention. Thank you! "", "" Kenneth Owen 990 E. Hyman Aspen, CO 81611 February 26, 1982 Ms. Colette Penne City of Aspen Planning Department 130 S. Galena As pen, CO 81611 Re: Shoaff Waterfall Subdivision Dear Colette: I am making application b,efore the City of Aspen Planning and Zoning Commission to change the building envelope on the final plat as recorded in Book 8, page 37 of the Clerk and Recorder's Office of Pitkin County in August of 1979. During our pre-application conference in your office we reviewed the file for approval of the lot split. The building envelope was not a condition of approval. I am requesting approval to change the location of the easterly border of the building envelope. Currently the easterly envelope line is some forty feet from the Neal Street property line. I wish to move this line east toward Neal Street to conform to the twenty-five foot front yard set back of Aspen's R-15 zoning. The major portion of the existing envelope is on a hillside. The relocation of the east enve- lope line will allow the use of more of the flat portion of the lot. In addition, this will improve the solar possibilities as the structure can be oriented more to the south. There is no significant vegitation on this portion of the lot. There will be no change in the north, south or west building envelope lines as shown on the original approved plat. By maintaining these existing envelope lines there will be no encroachment on the R-15 zoning set backs and no encroachment on the 100 year flood plain or the stream margin of the Roaring Fork River. All other aspects of the recorded plat shall remain unchanged. Thank you for your assistance and attention in this matter. Sincerely, ~L2-. Ke nneth Owen KO/jt \ -.1 r-"'jl ,~ r i Western Union called at 1:45 pm 2/26 with the following telegram to be mailed out to us today. JOE Wilson The Real Estate Brokers With regard to our acceptance of the contract of today's date to sell Lot 1, Shoaf's Waterfall Subdivision to Kennneth and Jane Owen, it is the purchasers, wish to move the east line of the building envelope paralleling Neal St: currently,shown as approximately 40 feet from the property line to the normal front line setback of 25 feet. We endorse and support the moving of this line. Signed Parker and Joan Quillen ~ <'. - - ,..-" Kenneth Owen :990 E. Hyman Aspen, CO 81611 February 26, 1982 Ms. Colette Penne City of Aspen Plannlng Department 130 S. Galena Aspen, CO 81611 Re: Shoaff Waterfall Subdivision . Dear Colette: I am making application before the City of Aspen Planning and Zoning Commission to change the building envelope on the final plat as recorded in Book 8, page 37 of the Clerk and Recorder's Office of Pitkin County in August of 1979. During our pre-application conference in your office we reviewed the file for approval of the lot split. The building envelope was not a condition of approval. I am requesting approval to change the location of the easterly border of the building envelope. Currently the easterly envelope line is some forty feet from the Neal Street property line. I wish to move this line east toward Neal Street to conform to the twenty-five foot front yard set back of Aspen's R-15 zoning. The major portion of the existing envelope is on a hillside. The relocation,ofthe east enve- lope line will allow the u.se of more of the flat portion of the lot. In addition, this will improve the solar possibilities as the structure can be ori ented more to the south. There is no s i gnifi cant vegi tati on on this portion of the lot. There will be no change in the north, south or west building envelope lines as shown on the original approved plat. By maintaining these existing envelope lines there will be no encroachment on the R-15 zoning set backs and no encroachment on the 100 year flood plain or the stream margin of the Roaring Fork River. All other aspects of the recorded plat shall remain unchanged. Thank you for your assistance and attention in this matter. Sincerely, KYt~ Kenneth Owen KOnt ",,-. ,.r: f . . .. \ I r-: -. ... 2ND TELEG~ CALLED IN FROM WESTERN UNION AT 1 :55 p.m. 2/26/82. JOSEPH WILSON The Real Estate Brokers Referencing the vacant land contract to buy and sell real estate between Kenneth and Jane Owen, purchasers and Parker and Joan Quillen, dated 2/23/82, we accept this contract to sell Lot 1, Shoaf's Waterfall Subdivision, for $275,000 with $10,000 hereby receipted for to be held by the Real Estate Brokers Trust Account. The balance of $265,000 shall be payable in cash or'certified funds at closing which shall be March 26, 1982 o~~sooner. We understand Exhibit A to the contract with regard to moving the building enveloE€ line with the planning and zoning committee is a contingency. The real estate' commission is to be 7.5% of the gross selling price. Signed Parker and Joan Quillen ~LL/YI7 ---rC {LQ/lQ# A~ I '- I pOfl C zg;J /TIJ f7(/E/I - 1 r -. (lfi ..."". """,, """ ,'.. ........, ,., -- - - u - · 4, HfJ,' /J,f;:), Vfl tl> v- i C.I"".. R..I ~"'" C.mm',,'''" (SC 26.2.'1) '\.:./ I THIS IS A LEGAL INSTRUMENT. If NOT UNDERSTOOD, LEGA~ TAX OR OTHER COUNSEL SHOULD BE CONSU~TEO BEfOR;:;;N1NG, -.' i ' , VACANT LAND CONTRACT TO BUY AND SELL REAL ESTATE (Seller's remedy limited to Liquidated Damages) FphrlJary ?3 ,19JlL 1. The undersigned agent hereby acknowledges having received from I( pnnlOit h R, .J(:lnp. Owpn thesumof$lO.()OO ,intheformof ppr~nnal dleck ,tobeheldby ThP RpAl F~htp Rrnkpr~ broker, in broker's escrow or trustee account, as earnest money and part payment for the following described real estate in the Ci ty Gf ,!\S P€!R County of Pit ki n ,Colorado, to wit: Lot 1, Shoaff's Waterfall Subdivision I, I 'I I, I' ii ji " ~ i together with all easements and rights of way appurtenant thereto, all improvements thereon and all fixtures of a I permanent nature currently on the premises except as hereinafter provided, in their present condition, ordinary wear and tear excepted, and hereinafter called the Property. 2. Subject to the provisions of paragraph 17, the undersigned person(s) Kenneth go J al1e QI.\I'en (asjoint tenants/tenants in common), hereinafter called Purchaser, hereby agrees to buy the Property, and the undersigned owner(s), hereinafter called Seller, hereby agrees to sell the Property upon the terms and conditions stated herein. 3, The purchase price shall be U.S, $~7~ ,000 ,payable as follows: $ 10> 000 hereby receipted for; The balance of $265,000 plus customary closing costs, including the City of Aspen Real Estate Transfer Tax, in cash or certified funds at closing. i II :i I ii , ji 4. Price to include: Real property only and the following water rights: None 5. If a new loan is to be obtained by Purchaser from a third party, Purchaser agrees to promptly and diligently (a) apply for such loan, (b) execute all documents and furnish all information and documents required by the lender, and (c) pay the customary costs of obtaining such Joan. Then if such loan is not approved on or before None 19_, or ifso approved but is not available at time of closing, this contract shall be null and void and all payments and things of value received hereunder shall be returned to Purchaser. i! 6. If a note and trust deed or mortgage is to be assumed, Purchaser agrees to apply for a loan assumption if required and agrees to pay (1) a loan transfer fee not to exceed $ N I A and (2) an interest rate not to exceed % per annum. If the loan to be assumed has provisions for a shared equity or variable i! interest rates or variable payments, this contract is conditioned upon Purchaser reviewing and consenting to such provisions. If the lender's consent to a loan assumption is required,this contract is conditioned upon obtaining such consent without change in the terms and conditions of such loan except as herein provided. 7. If a note is to be made payable to Seller as partial or full payment of the purchase price, this contract shall not be assignable by Purchaser without written consent of Seller. 8. Cost of an:y appraisal for loan purposes to be obtained after this date shall be paid by Purchaser. l'\o. S(' 26-2-81. ('untnl('t to Bu>' Ilnd SI.t!ltl';11 f-:~talt' (Vat'lmt Lund) Bradfl.lrd Publishing, ));25 W. 6th AVl' . Lakewllod, CO 80214 _ ClOJ) 2~~-6900_ 5.tll -. -. \-...-' 9. 1'/ 'fYWrcf/'1~'fIf f1Y'rfe/FJr/'t'/'ft'Nltfr;'/1W"M-'1'NI'a current commitment for title insurance policy in an amount equal to the purchase price, at Seller's option and expense. shall be furnished to Purchaser on or before Mar<:h 10 ,19...82 Ifil</1VeffiVeIt/s#fc/1N#sk/d/tltNi/:1Nr/altUlc/nIr/.iW,M, Seller will deliver the title insurance policy to Purchaser after closing and pay the premium thereon. 10. The date of closing shall be the date for delive'ry of deed as provided in paragraph 11. The hour and place of closing shall be as designated by Peal >statE' RrokE'rs I!. Tnt~rw..~t 11. Title shall be merchantable in SeHer, except as stated in this paragraph and in paragraphs 12 and 13. Subject to payment or tender as above provided and compliance by Purchaser with the other terms and provisions hereof, Seller shall execute and deliver a good and sufficient ~enera 1 warranty deed to Purchaser on *Marcl1 215 , 19~.or, by mutual agreement, atan earlier date, conveying the Property free and clear of all taxes, except the general taxesfor the year of closing, and except Mone free and clear of all liens for special improvements installed as of the date of Purchaser's signature hereon, whether assessed or not; free and c1earof all liens and encumbrances except None *subject to terms of Exhibit~A~attached hereto. except the following restrictive covenants which do not contain a right of reverter: None and except the following specific recorded and/or apparent easements: All recorded easements not affecting marketability of title, and final plat restrictions subject to terms of Exhiliit"A"attached hereto and subject to building and zoning regulations. 12. Except as stated in paragraphs '11 and 13, if title is not merchantable and written notice of defect(s) is given by Purchaser or Purchaser's agent to Seller or Seller's agent on or before date of closing, Seller shall use reasonable effort to correct said defect(s) prior to date of closing. If Seller is unable to correct said defect(s) on or before date of closing, at Seller's option and upon written notice to Purchaser or Purchaser's agent on or before date of closing, the date of closing shall be extended thirty days for the purpose of correcting said defect(s). Except as stated in paragraph 13, if title is not rendered merchantable as provided in this paragraph 12, at Purchaser's option, this contract shall be void and of no effect and each party hereto shall be released from all obligations hereunder and all payments and things of value received hereunder shall be returned to Purchaser. 13. Any encumbrance required to be paid may be paid at the time of settlement from the proceeds of this transaction or from any other source. Provided, however, at the option of either party, if the total indebtedness secured by liens on the Property exceeds the purchase price, this contract shall be void and of no effect and each party hereto shall be released from all obligations hereunder and all payments and things of value received hereunder shall be returned to Purchaser. 14. General taxes for the year of closing, based on the most recent levy and the most recent assessment, prepaid rents, water rents, sewer rents, FHA mortgage insurance premiums and interest on encumbrances, if any, and_ Nnnp shall be apportioned to date of delivery of deed. 15. Possession of the Property shall be delivered to Purchaser on de 1 i. very of Deed r: subject to the following leases or tenancies: i: None i: 16. In the event the Property is substantially damaged by fire, flood or other casualty between the date of this contract and the date of delivery of deed, Purchaser may elect to terminate this contract; in which case all payments and things of value received hereunder shall be return'edto Purchaser. 17. Time is of the essence hereof. If any note or check received as earnest money hereunder or any other payment due hereunder is not paid, honored or tendered when due, or if any other obligation hereunder is not performed as herein provided, there shall be the following remedies: (a) IF PURCHASER IS IN DEFAULT, then all payments and things of value received hereunder shall be forfeited by Purchaser and retained on behalf of Seller and both parties shall thereafter be released from all obligations hereunder. It is agreed that such payments and things of value are LIQUII?ATED DAMAGES and (except as provided in subparagraph (c)) are the SELLER'S SOLE AND ONLY REMEDY for the Purchaser's failure to perform the obligations of this contract. Seller expressly waives the remedies of specific performance and additional damages. (b) IF SELLER IS IN DEFAULT, (1) Purchaser may elect to treat this contract as terminated, in which case all payments and things of value received hereunder shall be returned to Purchaser and Purchaser may recover such damages as may be proper, or (2) Purchaser may elect to treat this contract as being in full force and effect and Purchaser shail have the right to an action for specific performance or damages, or both. (c) Anything to the contrary herein notwithstanding, in the event of any litigation arising out of this contract, the court may award to the pl'evailing party all reasonable costs and expense, including attorneys' fees. 18. Purchaser and Seller agree that, in the event of any controversy regarding the earnest money held by broker, unless mutual written instruction is received by broker, broker shall not be required to take any action but may await any proceeding, or at broker's option and discretion, may interplead any moneys or things of value into court and may recover court costs and reasonable attorneys' fees. :! :! " I; '1 i! i! "j ~ i""\~ 19. Additionalprovisions: See Exhibit "A" attached hereto and made part of this contract by this reference. " , ': I: !! i I 20. If this proposal is accepted by Seller in writing and Purchaser receives notice of such acceptance on or before Februa r 26 . 19~, this instr~ment shall become a contract 'between Seller and Purchaser and shall benefit of the heirs, successors and assigns of such parties, except as stated in paragraph 7. ~-~'-S'2 Date Broker lritprwp~t, Tnc. Purcha r Kenneth Owen Purchase" ..)~e.. Jane Owen ~ ~-.;zlo-~ By: Date ~II~ #CJ;1~ Perry Har y . Rlnll Purchaser's Address #?, qqO F Hymnn, A~ppn, r.n (The following section to be completed by Seller and Listing Agent) 21. Seller accepts the above proposal this day of ,19_. and agrees I to pay a commission of 7 " % of the purchase price for services in this transaction, and agrees that, in the II 'i event of forfeiture of payments and things of value received hereunder, such payments and things of value shall be i, divided between listing broker and Seller, one-half thereof to said broker, but not to exceed the commission, and the balance to Seller. " !i Seller Parker Qui 11 en Sellel" Joan Qui 11 en ;' Seller's Address , , Listing Broker's Name and Address JOSCpR HilsOfl ,i " " i: ,"\ t"" .'-", ') Exhibit "A" To Receipt & Option Contract dated February 18, 1982 between Kenneth & Jane Owen as Purchasers and Parker Qui 11 ell' as Seller This contract is specifically contingent on the contingencies as outlined herein. In the event these contingencies cannot be satisfied then this contract shall be considered null and void by both parties and all earnest money tendered herewith shall be returned to purchasers. Lot 1 contains, on the recorded plat, a specific building envelope. The Purchasers, as a specific condition of this contract, will undertake through the City of Aspen, to enlarge the building envelope to allow construc- tion closer to the ,Neale Street property line. Currently the building envelope boundry closest to Neale Street is some forty feet from the property 1 i ne. The Purchasers des i re to move thi s envelope boundry towa rd,. Nea 1 e Street to a point conforming with the City of Aspen requirements for a twenty five foot front yard set back. The Seller agrees as a condition of this contract to cooperate with purchasers to change the building envelope. All costs of approval will be borne by the purchasers. Purchasers agree to conscientiously pursue the change and agree to close on the purchase within ten days of approval. The City of Aspen Planning Department has indicated that the process for changing the envelope involves one meeting before the Planning & Zoning Commission. As evidence for the change of the building envelope the Seller will write a letter to the City of Aspen endorsing the change. Further the Purchaser will meet with the original subdivider of the lot, Jeffrey Shoaf, to secure a letter of endorse- ment for the change. Seller agrees to cooperate in all regards to secure this endorsement. )Cl..Me.Q~ Purchaser ~Q~ Purchaser ~-\q-ls~ Date ~-~4-. ~~. Date Seller Date ~" w~ j i:' - ;'\ ,':..\ ~'~,~:,_,c:, .\,-', ::>(Jdny or Ud!;3S sw 1"""-, 1"""\, Comrnitrnent for Title Insurance _._'---,..-,-.-."~, .. '~--'----"-------,_._._----,----_._-- USUFE Title Insurance Company 01 Dallas. herem callud the COrnp;lIlY, for v.lllla!)le con~ldmatlon. hereby commits to issue ilspolicy or policie~ of title' insurance, as identified In Schedule A. In I:ivOl of the pr(1po~;t)d Insured Ildnwd 11) SchedllJc A. as owner or mort~ltlgce of the esiule dr interest covered hereby in the land dl~$Cfit)(~d or referred to If) Sch\~dul(: ^. upon P'lYfTH'rlt O'f the premiums and charges therefor; all subject 19 the provisions of Schedules A ilnd El,Jl1d to the Conditions and SIlru1alwns tH:f1..'of This Commitment shall be cflectiw only who/! lhl~ Idenhly vI the proposed InSlU(;dillld the ~mOlJnl of the policy or pOlicies committed for have been inserted in SChedule A hewof by the Cornpimy. either at the tnTlc afthe is:-iU~llh;e ofthlsCornmitmcnt or by subsequent cndorsemcntl This Commitment is preliminary to the iSs'U<1ncc of s\J(;h policy or policies of tllle Illsur;;Hlce and all liability and obligations hereunder shall cease and terminnlesix (6) months ahcrthc effective date he/color when the pOlicy l)r nolici{~s committed for shaH issue, whichever firsloccurs! provided that the failure to issue such policy 0/ polIcies is not the falllt of Ihe ClJIHpany. ThiS Commitment shall not be valid or binding until countersigned byan <lulhorizedofflcer or agent Schedult\ ^ 1 E.ffccIIVI~ <liltl' March 8, 2, PoliCY or pollclI.'$ to be IS~Hwd 1982 at 3:00 P.M. C<ll>l.! No A82~82 ASPEN TITLE COMPANY, LTD. In4L1iries directed to. .~~.?_:-44.~~__ A ^l.IA OWlkl':; PoliCY Plllpo~;,'d Illo.,lIfl'd , AllHH/llt $ 275,000.00 Premium $ 48~~75 _ReiS;~.l,lffi' KENNETH OWEN and JANE OWEN B AlTA lOdtl Poll( y Pwpol>ed I.nSlll~\d Amount ~~ Premium s c Amount $ Premium $.__~,.________ 3, The estale or interest in ItH) land c!escri/)()d (1I refcfrcdto in this commitment and covered herein is fee simple and title thereto is at the effective date hcu.:of vested In PARKER QUILLEN and JOAN F. QUILLEN 4 The land rdorred to in this COnln11trnent is desCrlued <IS follows: Lot 1 SHOAF'S WATERFALL SUBDIVISION as recorded in Book 8 at Page 37 Pitkin County, Colorado li' Schedul{) 8-Section 1 R(!q~lIrcl1lents Th\.l following .He the requirenlt)1l1s tl) bl~ complied with: IWIll (.1) Paymellt 10 or fOI tlk dC{;Olll)t of the grantors Of mortgilgors of thtdull consideration for the est<1te or interest to be insured. rh~lll (b) Propel instfwnent(s) UU;lllllflthe estnlc or inlerest to be insu'red must be executed afld duly filed for record, to-wit: 1. Release by the Public Trustee of Pitkin County, Colorado of Deed of Trust from Parker S. Quillen and John F. Quillen for the use of Pitkin County Bank & Trust Company to secure $100,000.00, dated March 5, 1982, recorded March 8, 1982 in Book 423 at Page 220. 2. Deed from Parker Quillen and Joan F. Quillen vesting fee simple title in Kenneth Owen and Jane Owen. OTHER REQUIREMENT NOT TO BE RECORDED: 1. Evidence of compliance with the provisions of the Real Estate Transfer Tax, Ordinance No. 20 (Series of 1979). ill','1 III r -., t 'i 11/'1ll ,\ '; ! I ! LI. ,\ND ':: :j:. H,\ i'EY c.n~,~ 1',Vj t fOkM lOf;jCO/1QM107/H . - 00.: .J' " r--- .-, ( AGREEMENT ,/ vl"-' THIS AGREEMENT made this ~< ~ay of September, 1979 by and between Jeffrey S. Shoaf (hereinafter referred to as "Shoaf") and Parker Quillen and Joan F. Quillen (hereinafter referred to as "Quillen"). WHEREAS, Shoaf and Quillen entered.into a Partnership Agreement known as the Waterfall Partners on the date hereof; WHEREAS, Shoaf and Quillen desire to provide for Quillen's development of Lot 1, Waterfall Subdivision; NOW, THEREFORE" in consideration of the mutual covenants contained herein and other good and valuable considerations, receipt of which is hereby acknowledged, the parties agree as follows: 1. Approval of building plans. Shoaf hereby approves the architectural plans for the residence that Quillen proposes to construct on Lot 1, Waterfall Subdivision, and agrees that Quillen may alter said plans at his sole discretion. 2. Cooperation in moving the building envelope. Shoaf agrees that Quillen may locate or expand the building envelope for his proposed house anywhere on Lot 1 that Quillen in his sole discretion desires. In the event approval of relocat~on ot expansion of the building envelope is required '...., from the City of Aspen, Shoaf agrees to cooperate with Quillen in all respects in obtaining the approval of the City of Aspen for relocation or expansion of the building envelope as designated for Lot 1, Waterfall Subdivision as it appears on the plat for the same. 3. Cooperation with construction and permanent financing. Shoaf agrees to cooperate with Quillen in every reasonable fashion in oonnection with any applications submitted by Quillen for construction and permanent financing for the residence to be constructed on 'Lot 1, Waterfall Subdivision. In connection with such applications, Shoaf agrees to supply ./ . ~..;#' f"'"'. ,~ any and all documents requested by any lending institution; to execute any document including promissory note and deed of trust required by any institution and to assist Quillen in any other reasonable manner; provided, however, that Shoaf shall not be required to execute any deed to Lot 1, Waterfall Subdivision prior to September 28, 1980. 4. Indemnification. Quillen hereby indemnifies Shoaf and holds him harmless from any claim, cause of action, loss, liability, or damage that Shoaf. may suffer or incur in connection with any document that he executes pursuant to paragraph 3 above. 5. Binding Effect. This agreement shall be binding upon the parties, their heirs, assigns" successors, and personal \~(L Parker'Quillen ~ ~ 1;'- '" -, -2-