HomeMy WebLinkAboutLand Use Case.4TH ST.0078.2009.ASLUTHE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER
PARCEL ID NUMBER
PROJECTS ADDRESS
PLANNER
CASE DESCRIPTION
REPRESENTATIVE
DATE OF FINAL ACTION
0078.2009.ASLU
2735 124 42 007
437 iei oi~~° c;
DREW ALAXANDER
DESIGN VARIANCE
JNM SLEEKER ST. LLP
11.20.09
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Address W BLEEKER ST J Apt/Suke i
CRy ASPEN State CO - ZAP 81613 J
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Description SE CORDER FOURTH AND SLEEKER STREETS RESIDNETAL DESIGN VARIANCE - Issued ~-J
VACANT LOT
Final ~-J 'i
Subrrutted CHRISTIAN TOUCHETTE 927 4925 Cock Running Days ~ ExDves 11/05/2010
-Owner.. _ ,.
Last Name ]NM SLEEKER STREET LLP J Fvst Name ~ 432 OSCEOLA AVE
Phone I ]ACKSONVILLE BEACH FL 32250
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Last Name CCY ARCHITECTS LTD J Fkst Name ~ PO BO% 529 ~,
PMne (970) 927-4925 Cust Y 27377 ~ BASALT CO 81621
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December 9, 2009
Chris Touchette
CCY Architects
P.O. Box 529
Basalt, CO 81621
Dear Chris:
W
ASPEN~P[TKIN
COMMUNITY DEVELOPMENT DEPARTMENT
The City of Aspen Community Development Department has recently reviewed your land use
application for to the Dahl Residence, at the southeast corner of Fourth and Sleeker Streets.
The application, which proposed a variance for the Residential Design Standard regarding
Inflection, was handled administratively by Community Development. As you have already
been informed, the Inflection variance proved to be something Staff could not support.
Residential Design Standard variances must exhibit two qualities in order for an administrative
approval:
a. Provide an appropriate design or pattern of development considering the context in
which the development is proposed and the purpose of the particular standard. In
evaluating the context as it is used in the criteria, the director may consider the
relationship of the proposed development with adjacent structures, the immediate
neighborhood setting, or a broader vicinity as the director feels is necessary to
determine if the exception is warranted; or,
b. Be clearly necessary for reasons of fairness related to unusual site-specific constraints.
After careful consideration of the proposed design and surrounding development, Staff could not
find suitable evidence to grant the Inflection variance. This discussion included the neighboring
structure that may read as a two story element. Even though the neighboring structure appears
this way, it does function as a single story element. It was Staff's determination that placing a
proper two-story element adjacent to a single story element would not provide an appropriate
design or pattern of development for the neighborhood. Additionally, Staff could not find
appropriateness for the variance based upon asite-specific constraint or hardship. Being that
the lot is vacant, there exists a great deal of design possibility.
With Staff not able to grant an administrative variance, it is our recommendation to amend the
design so that it is in conformance. with the Residential Design Standards. An additional option
would include continuing the proposal to the Planning and Zoning Commission. The same
review criteria would remain (as listed above) although there is a possibility that the Commission
could interpret and/or decide on your proposal differently than Com Dev Staff.
13O SOUTH GALLNA STREET ~ ASPEN, COLORADO BLEU-~9~5 ~ PHONE 97O.9ZO.5O90 ~ EAX 970.92O.S439
Pointed on Rxyded Papee
Please contact Drew Alexander at 970.429.2739 or
drew.alexanderCcDci.asoen.co.us if you have any questions.
Cheers,
Drew Alexander
Planning Technician, City of Aspen
CC: Chris Bendon, Community Development Director
W
EISPEN~PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
130 SODTH GALENA STRFFT ~ ASPEN, COLORADO 81611-1975 ~ PHONE 970.920.5090 ~ FAX 970.92O.S439
Printed nn fteryded Paper
November 9, 2009
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Mr. Chris Bendon, AICP
Community Development Director, City of Aspen
130 South Galena
Aspen, CO 81611
Re: Dahl Residence, SE Corner Fourth &Bleeker Streets (Parcel ID# 2735-12442-007)
Dear Chris:
Thank you very much for your recent pre-application review of the conceptual design for the Dahl
Residence with respect to the applicable Chapter 26.410- Residential Design Standards. It was
very instructive and we have advanced the design accordingly to conform to the guidelines with
exception of provision 26.410.040.E.2- Inflection for which we are requesting your consideration
of an administrative variance. W e believe the granting of this variance will result in a better
neighborhood specific context as well as create the kind of street texture envisioned by the
design standards for residential development in Aspen's West End.
As proposed, the site plan and building footprint for the Dahl Residence are configured in an "L-
Shape" to front both Bleeker and Fourth streets primarily with single story architectural forms. In
addition to creating an open-space yard which continues the land-use pattern for the historic
building to the south, the plan preserves two large spruce trees near the southern property line
fronting on the alley. The primary living spaces are single story and separated by a subordinate
linking element to create a secondary mass along the alley but clearly perceived from view points
along Fourth Street to the west.
As depicted on the attached architectural drawings, we seek variance fora 16-foot wide, two-
storyelement on the Bleeker Street side yard set-back adjacent to the common property line of
the newly constructed residence which has a detached secondary mass element whose roof
peak varies in height from 18'-6" to 20'-6" above grade.
In our opinion and from the perspective of neighborhood context, corner lots are clearly different
than interior lots in the West End by virtue of their dual street frontages which in many regards
summarize the visual character of the block and define or acknowledge the unique character of a
particular intersection.
Considering the residential design standards allow the applicant to choose the side towards
which to inflect when there are one story buildings on both sides of the subject site, we believe it
appropriate to also contemplate the corner in the balance of preserving the established
neighborhood character. To this point, the residence occupying the corner lot immediately across
Fourth Street from the subject site is also a one story building. In fact, all of the existing
residential structures that define the contextual scale for the Fourth and Bleeker Street
intersection are single story structures with mature trees, landscaping and open space; therefore,
the proposed design and massing of the Dahl Residence defers thus inflects to the neighborhood
scale of this corner intersection defined by single-story residential architecture and mature trees.
C OTTLE CARR YAW ARCMIiEC15 LiD
228 Midland Ave PO Box 529 Basalt CO 81621
970-927-4925 fax 970-927-8578
info®ccyarchitects.com
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Mr. Chris Bendon, AICP
Page Two
Following the example of two large spruce trees on the adjacent property to the east, we propose
to visually frame the neighboring detached secondary mass element between the existing two-
story building to the east and the two-story element proposed for variance to the west. Rather
than create amirror-image as required by adhering strictly to the inflection provision and
massing-up the corner which creates a visual gap in the fapade density of Bleeker Street, we feel
the proposed approach creates a better neighborhood fit with the Bleeker Street frontage as well
as the unique character of the intersection.
As depicted on the enclosed Bleeker Street composite elevation, this concept adheres to the
cadence and position of existing trees in the public right-of-way which also flank, thus visually
frame the neighboring detached secondary mass element. Further, we ask you to consider that
the existing residence to the east being recently completed and not historic, may not necessarily
engage the inflection provision.
Closing on behalf of the Dahl family, we appreciate your thoughtful review and hopeful approval
of this administrative variance request. Please feel free to contact us for any clarifications
whatsoever or to request additional support material. We would welcome the opportunity to join
you on a site visit of the subject property and thank you again for your consideration!
V Truly Yo rs,
L~ `~aw, A Chris Touchette, AIA
Principal Associate
~J
November 10, 2009 ~ a . s
Chris Bendon, AICP
Community Development Director, City of Aspen
130 South Galena
Aspen, CO 81611
Re: Dahl Residence, SE Corner Fourth and Bleeker Streets
Dear Chris,
I am one of the owners of the house located at 437 Bleeker Street which is next door to the Dahl
property. I have been made aware that their architect has applied for a variance to allow them
to build atwo-story structure next to our single-story building on the west side of our property. I
have reviewed the design for the Dahl Residence on Bleeker with my partners, and we have no
objection to the variance. It is strong architecture and thoughtfully designed. I think it will be a
welcome addition to the neighborhood, particularly on such a prominent lot. Please let me know
if you need any further input in support of the variance or have any questions.
Sincerely,
Steve Hansen
cc: Larry Yaw
Robert Dahl
Chris Touchette
P.O. Box 10493 Asoen, CO 61612
~.
October 30, 2009
Mr. Chris Bendon, AICP
Community Development Director, City of Aspen
130 South Galena
Aspen, CO 81611
Re: Dahl Residence, SE Corner Fourth &Bleeker Streets
Dear Chris:
,-,
As the property owner of Lot 1- McGarvey Subdivision (SE Corner of Bleeker & Fourth Streets), I
allow Larry Yaw and/or Chris Touchette at CCY Architects to represerit on my behalf in regards to
the administrative variance request for the inflection provision of the residential design standards.
Sincerely,
W /" ~ Vl/~
Mr. Robert Dahl
83 Pecksland Road
Greenwich, CT 06831
(203) 202-3850
Authorized Representatives:
Mr. Larry Yaw, FAIA
Mr. Chris Touchette, AIA
CCY Architects
228 Midland Avenue / P.O.Box 529
Basalt, CO 81621
(970)927-4925
^~
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THE CITY OF ASPEN
Land Use Application
Determination of Completeness
Date: November 13.2009
Deaz City of Aspen Land Use Review Applicant,
We have received yow land use application and reviewed it for completeness. The case number
and name assigned to this property is 0078 2009 ASLU -Lot 1 McGarvev Subdivision.The
planner assigned to this case is Drew Alexander.
^ Your Laud Use Application is incomplete:
We found that the application needs additional items to be submitted for it to be deemed
complete and for us to begin reviewing it. We need the following additional submission
contents for you application:
Please submit the aforementioned missing submission items so that we may begin reviewing
yow application. No review heazings will be scheduled until all of the submission contents listed
above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the
land use application.
Your Laud Use Application is complete:
If there aze not missing items listed above, then your application has been deemed complete
to begin the ]and use review process.
Other submission items may be requested throughout the review process as deemed necessary by
the Community Development Department. Please contact me at 429-2759 if you have any
questions.
Th rtlc You,
ennifer P el eputy Director
City of Aspen, Community Development Department
C:\Documents and Settings\jennifepUvly Documents\planning\Templates\Templates\Land Use Cases\Completeness
Letter Land Use.doc
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Documentary Fee 330.00
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~r C4TY CF A4FEN
h€'3°" fl' FRiD
DATE ~ a3~b+~
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WARRANTY DEED
Cx'~ A°FEN
A'fE ~ RlO.
'i~x~(ay S/S ~3Y8o'~
THIS DEED, made this 21 day of April, 2009,
// Between JNM SLEEKER STREET, LLP, A FLORIDA LIMITED LIABILITY PAF~NERSHIP
of the County of PITKIN, State of CO, GRANTOR, ~~~'V~D
/V/iu
AND W. ROBERT DAHL and LESLIE A. DAHL, GRANTEE
whose legal address is : 83 PECKSLAND ROAD, GREENWICH, CT, 06831
of the County of
State of CT
1
~'~ l y f;~ ?pp9
J~~MMUNITY p~1D~ NT
WITNESSETH, That for and in consideration of the sum of ten dollars and othergooii and valuable consideration,
the receipt and sufFlciency of which is hereby acknowle5e Band convey and confirm untot he (grantee! his heirs and
conveyed, and by these presents does grant, bargain,
assigns forever, not In tenancy in common but fn joinand bei~ InI the Chounty of PITKIN, State of COLORADO,
together with improvements, if any, situate and lying 9
described as follows:
LOT 1,
MCGARVEY SUBDIVISION, according to the Plat thereof recorded September 1, 2004 in Plat Book 70 at age
52 as Reception No. 501429.
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise
rght, Gtfei I nterest, claim and demand whatsoever of the grantor either nsiaw oP equ tyhofe n and tolthe abovee
bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises
above bargained and described, with the appurtenances, un fathebaa ain, an'd agree to and with theeGeane e, his
Grantor, for himself, his heirs and assigns, does covenant, g t, 9
heirs and assigns, that at the Gme of the ens erfec absolute andfindefeasibse estate of nhler 1 nce, (n aw, in fee
premises above conveyed, has good, sure, p
simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner
and form as aforesaid, and that the same are free and clear from all former and other grants, bargaihs, sales,
liens, taxes, assessments, encumbrances and restrictions of orated herein by efieUenceeThe grantortshall and will
matters as set forth on Exhibit A' attached hereto and incorp
WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of
the grantee, his heirs and assigns, against all and every person or persons lawfully Claiming the whole or any part
thereof. The singular number shall include the plural, the plural the singular, and the use of gender shalt be
applicable to all genders.
IN WITNESS WHEREOF the grentor has executed this deed on the date set forth above.
SIGNATURES ON PAGE 2
Page 1
RECEP710N#: 658291, 04/2712009 at
02:06:06 PM,
1 OF 3, R $16.00 DF $330.00 Doc Code
WD
Janice K. Vos Caudiit, Pitkin County, CO
ATTACHMENT 2-LAND USE APPLICATION
PRn.rF~T•
Name: }~' ,~
Location: 2 Gq/' IY/ S/ SF' (Fl~'lJtr' ,~/~°~°~
(Indicate street address, lot & bl number, le al descri lion where a ro riate
Parcel ID # RE UIRED "'- "'
APPLICANT:
Name:
Address: $ GfY! ~ I G
Phone #:
Name:
Address
Twr nc evvr 1r•eTTnty~ (please check all that
^ GMQS Exemption ^ Conceptual PUD ^ Temporary Use
^ GMQS Allotment ^ Final PUD (&PUD Amendment) ^ TexUMap Amendment
^ Special Review ^ Subdivision ^ Conceptual SPA
^ ESA - 8040 Greenline, Stream ^ Subdivision Exemption (includes ^ Final SPA (& SPA
Margin, Hallam Lake Bluff, condominiumization) Amendment)
Mountain View Plane
^ Commercial Design Review ^ Lot Split ^ Small Lodge Conversion/
Expansion
Residential Design Variance ^ Lot Line Adjustment ^ Other:
^ Conditional Use
EXISTING CONDTTIONS: descri lion of existin buildin s, uses, revious a royals, etc.
~/~~~ Lof ~~ fib ~
PROPOSAL: descri lion oaf ,tro osed buildin s, uses, modifications, etc.
y
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FTave vnn attach I the follawine? FEES DUE: $~~
®, Pre-Application Conference Summary
Attachment #1, Signed Fee Agreement , _ yL~
Response to Attachment #3, Dimensional Requirements Form -~it7/a~/~iEYGCf/ "~/ ~~p~
Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards ~ ytN~~G~-Gl?ZCt'
] 3-D Model for large project
All plans that are larger than S.5" X 11" must be folded. A disk with an electric copy of all written text
;1VIicrosaft Word Format) must be submitted as part of the application. Large scale projects should include an
aectronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model.
~ Page 1 of 3
d~ 4y,/
Chris M. Touchette
From: Chris Bendon [Chris.Bendon@ci.aspen.co.us]
Sent: Thursday, October 29, 2009 3:46 PM
To: Chris M. Touchette
Subject: RE: Dahl Residence- Administrative Variance Submission
Chris: It's okay. I don't think we really need attachment 3 and 4. The site plan and elevations should be enough
to understand what's going on.
Cheers,
Chris
From: Chris M. Touchette [mailto:ctouchette@ccyarchitects.com]
Sent: Thursday, October 29, 2009 3:45 PM
To: Chris Bendon
Subject: RE: Dahl Residence- Administrative Variance Submission
Sorry to keep bugging you: Per your pre-app summary, we need to fill out the Land Use Application. Is this just
Attachment 2? Or would we need to also fill out Attachment 3 (Dimensional Requirements Form) as well as all of
the exhibits noted in Attachment 4 matrix? During our pre-app, you mentioned just site plan and elevations...
Chris Touchette, nssociara
CCY ARCHITECTS
Visit our new website www.ccyarchitects.com
228 Midland Ave PO Boz 529 Basalt, CO 81621
970-927-8370 Exl. 234 (direct)
970-927-4925 (main)
970-927-8578 (fax)
ctouchette ®ccyarchitects.com
www.ccvarchitects. com
COTTLE CARfl YAW
This a-mail transmission, all attachments and the contents thereof are confidential and are only for the use of the individual or entity named
above. If you are not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, or if you otherwise
believe that you have received this transmission in error, please immediately `reply" by e-mail to the sender, stating that this transmission was
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If you have received this transmission in error, please destroy all copies of this transmission and its attachments (both the electronic as well as
any paper copies made, if any).
From: Chris Bendon [mailto:Chris.Bendon@ci.aspen.co.us]
Sent: Thursday, October 29, 2009 3:30 PM
To: Chris M. Touchette
Subject: RE: Dahl Residence- Administrative Variance Submission
Not really, it all one fee. It may take us less time though
Cheers,
Chris
From: Chris M. Touchette [mailto:ctouchette@ccyarchitects.com]
Sent: Thursday, October 29, 2009 2:35 PM
~~~~
ATTACHMENT3
DIMENSIONAL REQUIREMENTS FORM
Project:
Applicant:
Location:
Zone District:
Lot Size:
Lot Area:
(for the purposes of calculating Floor Area, Lot Area may be reduced for areas
within the high water mark, easements, and steep slopes. Please refer to the
definition of Lot Area in the Municipal Code.)
Commercial net leasable:
Number of residential units
Number of bedrooms:
Existing: Proposed:
Existing: Proposed:
Existing: Proposed:
Proposed % of demolition (Historic properties only):
DIMENSIONS:
Floor Area: Existing: Allowable: Proposed:
Principal bldg. height: Existing.• Allowable: Proposed:
Access. bldg. height: Existing: Allowable: Proposed.•
On-Site parking: Existing: Required: Proposed:
Site coverage: Existing: Required: Proposed:
Open Space: Existing: Required: Proposed.•
Front Setback: Existing: Required: Proposed.•
Rear Setback: Existing.• Required: Proposed:
Combined F/R: Existing: Required: Proposed:
Side Setback: Existing: Required: Proposed:
Side Setback: Existing: Required: Proposed:
Combined Sides: Existing.• Required.• Proposed.•
Distance Between Existing
Buildings
Required: Proposed:-
Existing non-conformities or encroachments:
Variations requested:
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CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
AEreement for Payment of City of AspLpen Development Application Fees
CITY OF ASPEN (hereinafter CITY) and ~/~' ~Op ~~ /
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APPLICANTkas submitted to CITY an application for
2. APPLICANT understands and agrees that the City of Aspen has an adopted fee stmcture for Land
Use applications and the payment of all processing fees is a condition precedent to a determination of application
completeness.
3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it
is not possible at this time to ascertain the full extent of the costs involved in processing the application.
APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an
initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis.
APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he
will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the
CITY when they aze necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty
of recovering its full costs to process APPLICANT'S application.
4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete
processing or present sufficient information to the Historic Preservation Commission, Planning and Zoning
Commission and/or City Council to enable the Historic Preservation Commission, Planning and Zoning
Commission and/or City Council to make legally required findings for project consideration, unless current billings
are paid in full prior to decision.
5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect
full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the
amount of $ 73 ~i _ which is for _ ~Q_ hours of Community Development staff time, and if actual
recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse
the CITY for the processing of the application mentioned above, including post approval review at a rate of $245.00
per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date.
APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and
in no case will building permits be issued until all costs associated with case processing have been paid.
CITY OF ASPEN
APPLICANT
By: BY~
Chris Bendon I `~ ~ .9
Community Development Director Date:
Billing Address and Telephone Number:
,7, .~~.
C~~ga~-49a-~
CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
PLANNER: Chris Bendon, 429-2765 DATE: 10.09.09
PROJECT: Dahl Residence - 4~h and Bleeker Streets
REPRESENTATIVE: Christian Touchette - CCY Architects
Tel: 927.4925
DESCRIPTION:
The Applicant is seeking possible variances from the Residential Design Standards for "Inflection" and
"Secondary Mass." The site is currently vacant and adjacent to a recently developed site that incorporates a
one-story detached structure that may appear taller than a typical one story building. The variance(s) may be
approved by staff if the criteria are found met. Otherwise the application will be referred to the Planning and
Zoning Commission, in which case additional fees will be due.
Land Use Code Section(s)
26.304 Common Development Review Procedures
26.410 Residential Design Standards
http•l/www aspenpitkin.com/deptsl38/citycode.cfm
Review by: -Staff for complete application
- Director of Community Development for administrative variance(s)
-Planning and Zoning Commission if necessary) for variances
Planning Fees: $735 deposit for 3 hours of staff time. Additional planning hours over deposit amount are
billed at a rate of $245/hour. If the application is to be reviewed by the Planning and Zoning Commission,
an additional deposit of $735 will be due for a total of 6 hours of staff time, again with additional billing as
necessary.
Total Deposit: $735
To apply, submit the following information:
1. Total deposit for review of the application.
2. Proof of ownership.
3. Completed Land Use Application Form.
4. A signed fee agreement.
5. APre-Application Conference Summary.
6. A letter signed by the applicant, with the applicant's name, address and telephone number in a
letter signed by the applicant, which states the name, address and telephone number of the
representative authorized to act on behalf of the applicant.
7. Street address and legal description of the parcel on which 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.
--~
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8. An 81/2" by 11"vicinity map locating the parcel within the City of Aspen.
9. Existing and proposed site plan.
10. Site improvement survey that includes all existing natural and manmade features of the property.
11. A written and graphic 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. Please include existing conditions as well as proposed. Please provide
a written response to all applicable criteria.
12. 2 Copies of the complete application packet and maps. 10 Additional copies will be needed if the
application is forwarded to the Planning and Zoning Commission.
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City. The summary is based
on current zoning, which is subject to change in the future, and upon factual representations that may or
may not be accurate. The summary does not create a legal or vested right.
,~^.
PITKIN COUNTY TITLE, INC.
601 E. HOPKINS, 3rd Floor
ASPEN, COLORADO 81611
970-925-1766 1970-925-6527 FAX
July 24, 2009
GARFIELD & HECHT
601 E. HYMAN AVE.
ASPEN, CO 81611
ATTN: CHRIS LACROIX
RE: LOT 1, MCGARVEY SUB -- PCT22442L
--,
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Pitkin County Title, Inc. is pleased to provide ycu with the owners policy along with the following endorsements relative to
the above mentioned file:
Endorsement Form Endorsement Form Endorsement Form
Endorsement Form Endorsement Form Endorsement Form
Please review the policy in its entirety. We at Pitkin County Title, Inc. believe in providing you, our customer, with a quality
product which will serve your needs.
In the event you do find a discrepancy, or if you have any questions or comments regarding your final policy, please
contact us and we will gladly handle any request you may have as efficiently and quickly as possible.
We have assigned the above number to your records to assure prompt processing of future title orders involving the
property: If you sell or obtain a loan on this property within 5 years, ask your broker or agent to contact our office to ensure
re-issue rates which may be available to you.
Thank you very much for giving Pitkin County Title, Inc. the opportunity to serve you.
Sincerely,
~~~
Thomas Twitchell
TT
Enclosures: Original Policy
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policy No.: 000023-82-PCT22442L-2009.82306-78236508
OWNER'S POLICY OF TITLE INSURANCE
Issued by
Lawyers Title Insurance Corporation
Any notice of claim antl any other noUee or statement in writing required to be given to the Company under this Policy must be given to the
Company at the address shown In Section 18 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE 8, AND THE
CONDITIONS, LAWYERS TITLE INSURANCE CORPORATION, a Nebraska corporation (the "Company") insures, as of Date of Policy and, to the
extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incuned
by the Insured by reason of:
1. Title being vested other than as stated in Schedule A.
2. Any defect In or lien or encumbrance on the TNIe. This Covered Risk includes but is not limited to insurance against loss from
(a) A defect In the Title caused by
(i) forgery, fraud, undue influence, duress, incompetency, incapacity or impersonation;
(ii) failure of any person or EnBty to have authorized a transfer or conveyance;
(Iii) a document affecting Title rwt properly rxeated, executed, witnessed, sealed, acknowledged, notarized, or delivered;
(iv) failure to perform those ads necessary to create a document by elebtronic means authorized by law;
(v) a document executed under a falsified, expired, or otherwise invalid power of attorney;
(vI) a document not properly filed, recorded, or indexed in the Public Records including failure to perform (hose acts by electronic
means authorized bylaw; or
(vii) a defective judidal or administrative proceeding.
(b) The lien of real estate taxes or assessments Imposed on the Title by a governmental authority due or payable, but unpaid.
(c) Any encroachment, encumbrance, violagon, variation, or adverse arcumsfance a8ecgng the Title That would be disclosed by an
accurate end complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located
on the Land onto adjoining land, and encroachments onto the Land of existng Improvements located on adJoining land.
3. Unmarketable Tige.
4. No right of access to and from the Land.
5. The violation or enoorcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning)
restricting, regulating, prohibiting, or relating to
(a) the occupancy, use, or enjoyment of the Lend;
(b) the character, dimensions, or location of any Improvement erected on the Land;
(c) the subdivlslon of land; or
(d) environmental protection
If a notice, describing any part of the Land, is recorded in the Public Records setting forth the violagon or Intention to enforce, but only to the
extent of the violagon or enforcement referred to in that notice.
8. An enforcement action basetl on the exerese of a govemmental police power not covered by Covered Risk 5 if a notice of the enforcement
action, describing any part of the Land, is recorded in the Public Records, but only to fie extent of the enforcement referred to in that no8ce.
7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records.
8. Any taking by a govemmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge.
9. Title being vested other than as stated in Schedule A or being defecflve
(a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of
the title to or any interest in the Land occurring prior to the transaction vesting TRIe as shown in Schedule A because that prior transfer
wnstituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or
(b) because the Instrument of transfer vesting Title as shown In Schedule A constitutes a preferen8ai transfer under federal bankruptcy,
state Insolvency, or similar creditors' rights laws by reason of the failure of its retarding in the Public Records
(I) to be timely, ar
(il) to impart notice of its existence to a purchaser for value or to a judgment or Ilan creditor.
10. Any defect in or lien or encumbrance on the Title or other matter Included in Coveretl Risks 1 through 9 that has been created or attached or has
been filed or recorded in the Public Records subsequent to Oate of Policy and prior to the recording of the deed or other instrument of transfer In
the Pubpe Records that vests Title as shown in Schedule A.
The Company will also pay the costs, attorneys' fees, and expenses incuned In defense of any matter Insured against by this Policy, but only fo the
extent provkfed in the CondNfons.
IN WITNESS WHEREOF, the Company has caused this Policy to be signed with the facsimile signatures of its President and Secretary and sealed as
required by its By-Laws.
LAWYERS TITLE INSURpNI'E CQRPORATION
Authorized Signatory
Tom Twitched
000023 PCT22442L
Pitkin County Title Inc
60] LHopkins 3rd F1
Aspen , CO 81 G I 1
Tel:(970) 925-1766
Fax;(970) 925-6527
Form 82306
Reorder 7190-1262
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Documentary Fee 330.00 ~ P o 3y 4 oy
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WARRANTY DEED
THIS DEED, made this 21 day of April, 2009,
CITY C;_'~ A°PEN
b~tETT FAIR
A'f'E ~' A10.
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Between JNM BLEEKER STREET, LLP, A FLORIDA LIMITED LIABILITY PARTNERSHIP
of the County of PITKIN, State of CO, GRANTOR,
AND W. ROBERT DAHL and LESLIE A. DAHL, GRANTEE
whose legal address is : 83 PECKSLAND ROAD, GREENWICH, CT, 06831
of the County of
State of CT
WITNESSETH, That for and in consideration of the sum of ten dollars and other good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, the grantor has granted, bargained, sold and
conveyed, and by these presents does grant, bargain, sett and convey and confirm unto the grantee, his heirs and
assigns forever, not in tenancy in common but In joint tenancy, with right of survivorship, all the real property
together with improvements, if any, situate and lying and being In the County of PITKIN, State of COLORADO,
described as follows:
LOT 1,
MCGARVEY SUBDIVISION, according to the Plat thereof recorded September 1, 2004 In Plat Book 70 at Page
52 as Reception No. 501429.
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise
appertaining, and the reversion and reversions, remainders, rents, issues and profits thereof, and all the estate,
right, title, interest, claim and demand whatsoever of the grantor either in law or equity, of, in and to the above
bargained premises, with the hereditaments and appurienances. TO HAVE AND TO HOLD the said premises
above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the
Grantor, for himself, his heirs and assigns, does covenant, grant, bargain, and agree to and with the Grantee, his
heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the
premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee
simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner
and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales,
liens, taxes, assessments, encumbrances and restrictbns of whatever kind or nature soever, except those
matters as set forth on Exhibit "A" attached hereto and incorporated herein by reference. The grantor shall and will
WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of
the grantee, his heirs and assigns, against at) and every person or persons lawfulty claiming the whole or any part
thereof. The singular number shall include the plural, the plural the singular, and the use of gender shalt be
applicable to all genders.
IN WITNESS WHEREOF the grantor has executed this deed on the date set forth above.
SIGNATURES ON PAGE 2
Page 1
RECEPTION#: 558291, 0412TI2009 at
02:06:06 PM,
1 of 3, R g16.U0 DF $330.00 Doc Code
WD
Janice K. Vos Caudill, Pitkin County, CO
~~r~er's ~®iiC~[ ®f Title 9r~sura~~e - ~~heda.66e 2~
Issued by
~ Lawyers Tide
Lawyers Tftle Insurance Corporation
5600 Cox Road
Glen Allen, Virginia 23060
File No.: PCT22442L Policy No.: 82306-78236508
Address Reference: 437 W SLEEKER, ASPEN, CO 81611
Amount of Insurance: $3,300,000.00 Premium: $ 2,874.00
Date of Policy: April 27, 2009 @ 2:07 PM
1. Name of Insured: W. ROBERT DAHL AND LESLIE A. DAHL
2, The estate or interest in the Land that is insured by this policy is: IN FEE SIMPLE
3. Title is vested in; W. ROBERT DAHL AND LESLIE A. DAHL
4. The Land referred to in this policy is situated in the County of PITKIN, State of Colorado and is described as follows:
LOT 1,
MCGARVEY SUBDIVISION, according to the Plat thereof recorded September 1, 2004 in Plat Book 70 at Page 52 as
Reception No. 501429,
Countersigned:
~'~~~~
Authorized officer or agent
ALTA Owner's Policy
Schedule A (Rev 6106)
Form 1190-134L
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SCHEDULE B-OWNERS
CASE NUMBER DATE OF POLICY POLICY NUMBER
PCT22442L April 27, 2009 @ 2:07 PM 82306-78236508
THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING:
1. Any facts, rights, interests, or claims which are not shown by the public records but which could be
ascertained by an inspection of the land or which may be asserted by persons fn possession, or claiming
to be in possession, thereof.
2. Easements, liens, encumbrances, or claims thereof, which are not shown by the public records.
3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that
would be disclosed by an accurate and complete land survey of the Land, and that is not shown by the
public records.
4. Any lien, or right to a lien, imposed by law for services, labor, or material heretofore or hereafter furnished,
which lien, or right to a lien, is not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance
thereof; (c) Indian treaty or aboriginal rights, including but not limited to, easements or equitable
servftudes; or, (d) water rights, claims or title to water(see additional information page regarding water
rights), whether or not the matters excepted under (a), (b), (c) or (d)are shown fo'r the public records.
6. Taxes or assessments which are not now payable or which are not shown as existing liens by the records
of any taxing authority that levies taxes or assessments on real property or by the public records;
proceedings by a public agency which may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or by the public records
7. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity, or
garbage wllection or disposal or other utilities unless shown as an existing lien by the public records.
SPECIAL EXCEPTIONS:
8. Taxes and assessments (not including condominium or homeowners association assessments or dues)
for the year 2009 and subsequent years only, a lien not yet due and payable.
9. Reservations and exceptions as set forth in the Deeds from the City of Aspen recorded in Book 59 at Page
370 and in Book 59 at Page 505 providing as follows: "That no title shall be hereby acquired to any mine of
gold, silver, cinnabar or copper or to any valid mining claim or possession held under existing laws".
10. Terms, conditions, provisions and obligations as set forth in Declaration of Restrictive Covenants recorded
October 18, 1982 in Book 434 at Page 194.
11. Easements, rights of way and all matters as disclosed on Plat of subject property recorded October 18,
1982 in Plat Book 14 at Page 1.
12. Terms, conditions, provisions, obligations and ail matters as set forth in Ordinance No. 17, Series of 2004
by Aspen City Council recorded September 1, 2004 as Reception No. 501426.
13. Terms, conditions, provisions and obligations as set forth in Subdivision Improvements Agreement for The
McGarvey Subdivision recorded September 1, 2004 as Reception No. 501427.
14. Easements, rights of way and all matters as disclosed on Plat of subject property recorded September 1,
2004 in Plat Book 70 at Page 52.
EXCEPTIONS,NUMBERED 1 THRU 7 ARE HEREBY DELETED, EXCEPT FOR SUBSECTION (d)
UNDER PARAGRAPH NUMBER 5 (WATER RIGHTS).
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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 that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (induding those relattng to building and zoning) restriGing, regulating.
prohibiting, or relating to
(~ the occupancy, use, or enjoyment of the Land;
(ii) the character. dimensions, or location of any improvement erected on the land;
(iii) the subdivision of land; or
(Iv) environmental protecgon;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the
coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion t (b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exdusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adveree 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 disdosed
in writing to the Company by the Insured Claimant pdor to the date the Insured Claimant became an Insured under this policy;
(c) resuigng in no loss or damage fo the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, [his does not modify or limit the coverage provided under Covered Risk 9
and f 0); or
(e) resuigng in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
4. Any daim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' dghts laws, that the transaction vesimg the Title
as shown in Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5. Any lien on the Tige for real estate taxes or assessments Imposed by governmental authority and created or attaching between Date of Policy
and the date of recording of the deed or other instrument of transfer In the Public Records that vests Title as shown in Schedule A.
CONDITIONS
i DEFINITION OF TERMS
The following terms when used in this policy mean:
(a) "Amount of Insurance": The entount stated in
Schedule A, as may be increased or deceased by endorsement to
this porky, increased by Section 8(b), or deceased by Sections 10
and 11 of these Conditions.
(b) "Date of Policy": The date designated as "Date of
Pogcy" In Schedule A.
- (c) 'Entity": A cerporagon, parinershtp, trust, limited
liability company, or other similar legal entity.
(d) "Insured": The Insured named in Schedule A.
(i) The term "Insured" also includes
(A) successors to the Tide of the Insured by
operation of law as dlstingulshed from purchase, Including heirs,
devisees, survNOrs, personal representagves, or next of kin;
(B) successors to an Insured by dissolution,
merger, consolidation, distribugon, or reorganization;
(C) successors to an Insured by its
conversion to another kind of Entity;
(D) a grantee of an Insured under a deed
delivered without payment of actual valuable consideration
conveying the Title
(1) if the stock, shares, memberships,
or other equity interests of the grantee are wholly-owned by the
named Insured,
(2) if the grantee wholly owns the
named Insured,
(3) if the grantee is wholly-owned by
an affiliated Entity of the named Insured, provided the aMgated
Entity and Iha named Insured are both wholly-owned by the same
person or Entity, or
(4y If the grantee is a Wstee or
beneficiary of a tmat created by a written instrument estabgshed by
the Insured named in Schedule A for estate planning purposes.
(li) With regard to (A), (B), (C), and (D) reserving,
however, ail rights and defenses as to any successor that the
Company would have had against any predecessor Insured.
(e) "Insured Claimant": An Insured claiming loss or
damage.
(f) "Knowledge" or "Known": Actual knowledge, not
constructive knowledge or noC~ce that may be Imputed to an Insured
Form 82308
Reorder 1190.1262
by reason of the Public Records or any other rewrds that impart
constructive notice of matters affecting the Title.
(g) "Land": The land described in Schedule A, and
NJRB 1-15 Effective: 2115!07 Revised: 9/70107
affixed Improvements that by law constitute real property. The term
"Land" does not Irrdude any property beyond the lines of the area
described in Schedule A, nor any dght, title, interest, estate, or
easement in abutting streets, roads, avenues, alleys, lanes, ways,
or waterways, but this does not modify or limit the extent that a right
of access to and from the Land is Insured by this poliq.
(h) "Mortgage": Mortgage, deed of trust, Wst deed, or
other severity instrument, induding one evidenced by electronic
means authorized by law.
(i) "PUbfic Records": Records established under stale
statutes of Date of Policy for the purpose of imparting constructive
notice of matters relattng to real properly to purchasers for value
and without Knowledge. Wdh respell to Covered Rlsk 5(d) "Public
Records" shall also indude environmental protecgon liens filed in
the records of the dark of the United States District Court for the
district where the Land Is located.
Q) 'Title": The estate or interest described in Schedule
A.
(k) "Unmarketable Title": Tige affected by an alleged or
apparent matter that would permit a prospective pumhaser or
lessee of the Title or lender on the Tltie to be released from the
obligation to purchase, lease, or lend if there is a contractual
condttion requiring the delNery of marketable litte.
2. CONTINUATION OF INSURANCE
The coverege of this policy shag continue In force as of Date of
Policy in favor of an Insured, but only so long as the Insured retains
an estate or Interest in the Land, or holds an obligaton secured by a
purchase money Mortgage gNen by a purchaser from the insured;
or only so long as the Insured shall have liability by reason of
warranties in any transfer or conveyance of the Title. This policy
shall not continua in force in favor of any purchaser from the
Insured of either (I) an estate or interest in the Land, or (II) an
obligation secured by a purchase money Mortgage given to the
Insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
The Insured shall notify the Company promptty in wdting (I) in case
Dbl Cover -ALTA Owner's Policy (06/17!06}
NJRB 1-15 Effecgve: 2115/07 Revised: 9/10/07
of any litigation as set forth in Sedion 5(a) of these Conditions, (ii)
in case Knowledge shall come to an Insured hereunder of any claim
of title or interest that (s adverse to the T81e, as insured, and that
might cause loss or damage for which the Company may be Ilable
by virtue of this policy, or (iii) ff the Title, as insured, Is rejected as
Unmarketable Title. If the Company is prejudiced by the (allure of
the Insured Claimant to provide prompt no8ce, the Company's
liability to the Insured Claimant under the policy shall be reduced to
the extent of the prejudice.
4. PROOF OF LOSS
In the event the Company is unable to determine the amount of loss
or damage, the Company may, at ifs option, require as a condition
of payment that the Insured Claimant furnish a signed proof of loss.
The proof of loss must describe the defed, lien, encumbrance, or
other mailer insured against by this poliq that censfitutes the basis
of loss or damage and shall state, to the extent possible, the basis
of calcula8ng the amount of the loss or damage.
5. DEFENSE AND PROSECUTION OF ACTIONS
(a) Upon written request by the Insured, and subject to
the options contained in Sedion 7 of Nese Conditions, the
Company, at its own cost and without unreasonable delay, shall
provide for the defense of an Insured in litigation in which any third
party asserts a claim covered by this policy adverse to the Insured.
This obligation is IimBed to only Ihose stated causes of action
alleging matters insured against by this policy. The Company shall
have the right to salad counsel of its choice (subjed to the right of
the Insured to objed for reasonable cause) fo represent the insured
as to those stated causes of adion. It shall not be Ilable for and will
not pay the fees of any other counsel. The Company will not pay
any fees, costs, or expenses Incurred by the Insured in the defense
of those causes of adion that allege me8ers not Insured against by
this policy.
(b) The Company shall have the right, in addition to the
options contained in Sedion 7 of these Conditions, at its own cost,
to ins8tuta and prosewte any adion or proceeding or to do any
other act that in its opinion may be necessary or desirable to
establish the TiBe, as insuretl, or to prevent or reduce loss or
damage to the Insured. The Company may take any appropriate
adion under the terms of this policy, whether or not It shall be liable
to the Insured. The exerdse of these rights shall not be an
admtssbn of liability or waiver of any provision of this policy. If the
Company exercises Its rights under this subsedion, it must do so
dlllgentty.
(c) Whenever the Company brings an acton or asserts
a defense as required or permitted by this policy, the Company may
pursue the Illiga8on to a final determination by a court of competent
jurisdiction, and d expressly reserves the right, in its sole discretion,
to appeal any adverse judgment or order.
6. DUTY OF INSURED CLAIMANT TO COOPERATE
(a) In all ceses where this policy permits or requires the
Company to prosecute or provide for the defense of any action or
proceeding and any appeals, the Insured shall severe to the
Company the right to so prosecute or provide defense in the adion
or proceeding, induding the right to use, at Its option, the name of
the Insured for this purpose. Whenever requested by the Company,
the Insured, at the Company's expense, shall give the Company all
reasonable aid Q] In securing evidence, obtaining witnesses,
prosecuttng or defending the adion or proceeding, or effeding
settlement, and (l) In any other lawful ad that in the opinion of Me
Company may be necessary or desirable to establish the Title or
any other matter as Insured. If the Company is prejudiced by the
failure of the Insured to furnish the required cooperaton, the
Company's obligatons to the Insured under the poilcy shad
terminate. Including any liability or ob8ga8on to defend, prosecute,
or continue any lidga8on, with regard to the matter or matters
(equiring such cooperation.
(b) The Company may reasonably require the Insured
Claimant to submft to examination under oath by any authorized
representative of the Company and to produce for examinaton,
inspedion, and copying, at such reasonable times and places as
may be designated by the authorized representative of the
Company, all records, in whatever medium maintained, including
books, ledgers, checks, memoranda, correspondence, reports, e-
Form 82306
(O6/17/O6)
Reorder 1190-1262
9/t0/07
-'e
.,r
malls, disks, tapes, and videos whether bearing a date before or
after Date of Policy, that reasonably pertain to the loss or damage.
Further, If requested by any authorized representative of the
Company, the Insured Claimant shall grant its permission, in writing,
for any authorized representative of the Company to examine,
Inspect, and wpy all of these records In the custody or control of a
third party that reasonabty pertain to the loss or damage. All
information designated as confidential by the Insured Claimant
provided to the Company pursuant to this Section shall not be
disclosed to others unless, in the reasonable judgment of the
Company, d is necessary in the administration of the claim. Failure
of the Insured Claimant to submit for examination under oath,
produce any reasonably requested information, or grant permission
to secure reasonabty necessary Information from BtiM parties as
required in this subsection, unless prohibited by law or
governmental regulation, shall terminate any liability of the
Company under this poicy as to that claim.
7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMSi
TERMINATION OF LIABILITY
In case of a claim under this policy, the Company shall have the
following additional options:
(a) To Pay or Tender Payment of the Amount of
Insurance.
To pay or tender payment of the Amount of Insurance under this
policy together with any costs, attorneys' ~ fees, and expenses
incurred by the insured Gaimant that were authorized by the
Company up to the time of payment or tender of payment and that
the Company is obligated to pay.
Upon the exercise by the Company of this option, all liability and
obligations of the Company to the Insured under this policy, other
than to make the payment required in this subsection, shall
terminate, including any liability or obligation to defend, prosecute,
or continue any litigation.
(b) Tc Pay or Otherwise Setga With Padtes Oiher Than
the Insured or With the Insured Claimant.
O To pay or otherwise settle with other par8es for or
in the name of an Insured Claimant any daim insured against under
this policy. In addition, the Company will pay any costs, attomeys'
fees, and expenses incurred by the Insured Claimant that were
authorized by the Company up to the time of payment and that the
Company is obligated to pay; or
(iq 7o pay or otherwise settle with the Insured
Claimant the loss or damage provided for under this policy, together
with any costs, attomeys' fees, and expenses incurred by the
Insured Claimant that were authorized by the Company up to the
time of payment end that the Company is obligated io pay.
Upon the exerdse by the Company of either of the op8ons provided
for in subsections (b)Q) or (II), the Company's obligations to the
Insured under th(s policy for the claimed loss or damage, other than
the payments required to DB made, shall terminate, inGuding any
liability or obligation to defend, prosecute, or cendnue arty Iitiga8on.
8. DETERMINATION AND EXTENT OF LIABILffY
This policy is a contrad of indemnity against actual monetary loss
or damage sustained or incurred by the Insured Claimant who has
suffered loss or damage by reason of matters Insured against by
th(s policy.
(a) The extent of liability of the Company for loss or
damage under this policy shall not exceed the lesser of
(~ the Amount of Insurance; or
(II) the difference between the value of the Tide as
Insured and the value of the Title subjed to the risk insured against
by this poilcy.
(b) It the Company pursues its rights under Sedion 5 of
these Conditons and is unsuccessful in establishing the Title, as
Insured,
(i) the Amount of Insurance shall be indeased by
10%, and
(8) the Insured Claimant shalt have Ste right to have
the loss or damage determined either as of the date the daim was
made by the insuretl Claimant or a5 of the date it is selfied and
paid.
(c) In addition to the extent of liabiiy under (a) and (b),
the Company will also pay those costs, attomeys' fees, and
Dbl Cover - ALTA Owner's Policy
NJRB 7-t5 Effedlve: 2!15/07 Revised:
.~.
expenses incurred in accordance with Sections 5 and 7 of these
Conditions.
9. LIMITATION OF LIABILITY
(a) If the Company establishes the TNe, or removes the
alleged defed, lien, or encumbrance, or cures the lack of a right of
access to or from the Land, or cures the dafm of Unmarketable
Title, ail as insured, in a reasonably diligent manner by any method,
including IiUgalion and the completion of any appeals, it shah have
fully performed its obligations with reseed to that matter and shall
not be liable for any loss or damage caused to the Insured.
(b) In the event of any Ntigation, indudfng litigation by the
Company or with the Company s consent, the Company shall have
no Nobility for loss or damage unfN there has been a final
determinagon by a wurl of competentjurisdiclion, and disposition of
all appeals, adverse to the Title, as Insured.
(c) The Company shall not be liable for loss or damage to
the Insured for liability voluntarily assumed by the Insured in settling
any Gaim or suit without the prior written consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR
TERMINATION OF LIABILITY
All payments under this policy, except payments made for costs,
atomeys' fees, and expenses, shall reduce the Amount of
Insurance by the amount of the payment.
11. LIABILITY NONCUMULATIVE
The Amount of insurance shall be reduced by any amount the
Company pays under any policy Insuring a Mortgage to which
exception is taken In Schedule B or to which the Insured has
agreed, assumed, or taken subjed, or which rs executed by an
Insured after Dale of Policy and which Is a charge or Tien on the
Title, and the amount so paid shall be deemed a payment to the
Insured under this policy.
12. PAYMENT OF LDSS
When Nobility and the extent of loss or damage have been definitely
Nxed in accordance with these Conditions, the payment shall be
made within 30 days.
13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT
(a) Whenever the Company shall have selded and
paid a claim under this policy, ft shall be subrogaied and entitled to
the rights of the Insured Claimant In the Title and all other rights and
remedies in reseed to the claim that the Insured Claimant has
against any person or Droperty, to the eMent of the amount of any
loss, costs, attorneys' fees, and expenses paid by the Company. If
requested by the Company, the Insured Claimant shall execute
documents to evidence the transfer to the Company of these fights
and remedies. The Insured Claimant shall permtt the Company to
sue, compromise, or seUle in the name of the Insured Claimant and
to use the name of the Insured Claimant in any transaction or
litigation Involving these rtghta and remedies,
If a payment on account of a claim does not fuly cover the loss of
the Insured Claimant, the Company shall defer the exercise of its
right to recover until after the Insured Claimant shah have recovered
Ito loss.
(b) The Company's right of subrogation indudes the
rights of the Insured to indemnities, guaranties, other policies of
Insurance, or bonds, notwithstanding any lertns or wnditions
contained In those insWments that address subrogation rights.
14, ARBITRATION
Either the Company or the Insured may demand that the dafm or
controversy shall be submitted to arbitration pursuant to me Title
Insurance Arbitration Rules of the American Land TNIe Assodagon
("Rules'. Except as provided In the Rules, there shall be nojoinder
or consoldafion with claims or controversies of other persons.
Arbitrable matters may Include, but are not limited to, any
wntroversy or Gaim between the Company and the Insured arising
out of or telating to this poNq, any service in connedion with its
issuance or the breach of a policy provision, or to any other
controversy or claim arising out of the transaction giving rise to this
policy. All arbitrable matters when iha Amount of Insurance is
Form 82306
(O6/17!06)
Reorder 1190~126Z
9/10/07
,~.
.~.
$2,000,000 or less shall be arbitrated at the option of either the
Company or the Insured. All arbitrable matters when the Amount of
Insurance is in excess of $2,000,000 shall be arbitrated only when
agreed to by both the Company and the Insured. Arbitration
pursuant to this policy and under the Rules shall be binding upon
the parties. Judgment upon the award rendered by the Arbitrator(s)
may be entered in any court of competent jurisdiction.
16. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE
CONTRACT
(a) This policy together with all endorsements, if any,
attached to it by the Company is the entire policy and contract
Detween the Insured and the Company. In interpreting any
provision of this poky, this policy shall be construed as a whole.
(b) Any claim of Toss or damage that arises out of the
status of the Title or by any action asserting such claim shall be
restricted to this policy.
(c) Any amendment of or endorsement to this policy must
be in writing and authenticated by an authorized person, or
expressly Incorporated by Schedule A of this policy.
(d) Each endorsement to this pollq issued at any time is
made a part of this policy and is subjed to all of its terms and
provisions. Except as the endorsement expressly states, It does not
(i) modify any of the terms and provisions of the poky, (li) modify
any pdor endorsement, (lit) extend the Date of Policy, or (iv)
increase the Amount of Insurance.
16. SEVERABILITY
In the event any provision of this policy, in whole or in part, is held
invalid or unenforceable under applicable law, the policy shell be
deemed no[ !o include that provision or such part held to be invalid,
but all other provisions shall remain in full force and effed.
17. CHOICE OF LAW; FORUM
(a) Choice of Law: The Insured acknowledges the
Company has underwritten the risks covered by this pclicy and
determined the premium charged Fherefor in reitance upon the law
affecting interests in real property and applicable to the
interpretation, rights, remedies, or enforcement of policies of title
insurance of iha jurisdiction where the Land is located.
Therefore, the court or an arbitrator shall apply the law of the
Jurisdiction where the Land is located to determine the validity of
Gaims against the Title that are adverse to the Insured and to
Interpret and enforce the terms of this poNCy, In neither case shall
the court or arbitrator apply its conflicts of law pdndples to
determine the appligble law.
(b) Choice of Forum: Any litigation or other proceeding
brought by the Insured against the Company must be flied only in a
stale or federal court within the United States of America or Its
territories having appropriate jurisdiction.
18. NOTICES, WHERE SENT
Any notice of dafm and any other notice or statement in writing
required to be given to the Company under this Policy must be
given to the Company at: P.O. Box 45023, Jacksonville, FL 32232-
5023 .
Dbl Cover- ALTA Owner's Policy
NJRB 1-15 EHeclive: 2/15/07 Revised:
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November 10, 2009
Chris Bendon, AICP
Community Development Director, City of Aspen
130 South Galena
Aspen, CO 81611
Re: Dahl Residence, SE Corner Fourth and Bleeker Streets
Dear Chris,
I am one of the owners of the house located at 437 Bleeker Street which is next door to the Dahl
property. i have been made aware that their architect has applied for a variance to allow them
to build atwo-story structure next to our single-story building on the west side of our property. I
have reviewed the design for the Dahl Residence on Bleeker with my partners, and we have no
objection to the variance. It is strong architecture and thoughtfully designed. i think it will be a
welcome addition to the neighborhood, particularly on such a prominent lot. Please let me know
if you need any further input in support of the variance or have any questions.'
Sincerely,
Steve Hansen
cc: Larry Yaw
Robert Dahl
Chris Touchette
P.O, Box 10493 Aspen, CO 81612
www.hansanconst.com P 970.920.1558 F 970.920.3838
,~1
Mr. Chris Bendon, AICP
Page Two
Following the example of two large spruce trees on the adjacent property to the east, we propose
to visually frame the neighboring detached secondary mass element between the existing two-
story building to the east and the two-story element proposed for variance to the west. Rather
than create amirror-image as required by adhering strictly to the inflection provision and
massing-up the corner which creates a visual gap in the fapade density of Bleeker Street, we feel
the proposed approach creates a better neighborhood fit with the Bleeker Street frontage as well
as the unique character of the intersection.
As depicted on the enclosed Bleeker Street composite elevation, this concept adheres to the
cadence and position of existing trees in the public right-of-way which also flank, thus visually
frame the neighboring detached secondary mass element. Further, we ask you to consider that
the existing residence to the east being recently completed and not historic, may not necessarily
engage the inflection provision.
Closing on behalf of the Dahl family, we appreciate your thoughtful review and hopeful approval
of this administrative variance request. Please feel free to contact us for any clarifications
whatsoever or to request additional support material. We would welcome the opportunity to join
you on a site visit of the subject property and thank you again for your consideration!
Ve~ Truly Yours,
1 v
Lam"Yaw, F A
Principal
I
Chris Touchette, AI'`
Associate
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