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HomeMy WebLinkAboutLand Use Case.CU.936 King St.A21-92f ~`!. CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED:- 3/05/92 DATE COMPLETE: PARCEL ID AND CASE NO. 2737-074-00-020 A21-92 STAFF MEMBER• KJ PROJECT NAME: Longoria Conditional Use for A D U Project Address:- 936 Kina Street Aspen Legal Address: Par A Dart of Lots 19 20 21 22 Block 14 APPLICANT:- Sunnvbrook Col Inc Ricardo Longoria Applicant Address: P.O. Box Drawer 6250 Laredo TX 78042 REPRESENTATIVE: Bruce Sutherland Sutherland Fallin Representative Address/Phone: 1280 Ute Avenue Ashen, CO 81611 ______________________________________________________________ PAID: YES NO AMOUNT: S N/C NO. OF COPIES RECEIVED 2/2 TYPE OF APPLICATION: 1 STEP: ~_ 2 STEP: P&Z Meeting Date ~ ~ PUBLIC HEARING: YES- NO CC Meeting Date VESTED RIGHTS: YES NO PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO Planning Director Approval: Paid: Insubstantial Amendment or Exemption: Date: REFERRALS: City Attorney City Engineer Housing Dir. Aspen Water City Electric Envir.Hlth. Aspen Con.S.D Mtn Bell Parks Dept. Holy Cross Fire Marshall Building Inspector, Roaring Fork _~ Energy Center DATE REFERRED: ~'' ~'~ School District Rocky Mtn NatGas State HwyDept(GW) State HwyDept(GJ) Other Z v~ INITIALS : ~ 1-~ t~ I ~ NAL ROUTING: DATE ROUTED://///~~INITIAL:,~ _ City Atty City Engineer ,Zoning Env. Health III ~ Housing Other• FILE STATUS AND LOCATION: ..,._ ~~ l~ RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR THE C APPROVAL OF THE LONGORIA CONDITIONAL USE REVIEW FOR AN ATTACHED ACCESSORY DWELLING IINIT LOCATED AT 936 RING STREET (PARCEL A, AND PART OF LOTS 19-22, BLOCK 14, HUGHES ADDITION, TRACT 40) Resolution No. 92-p~~ WHEREAS, the Planning Office received an application for a Conditional Use for an attached accessory dwelling unit to be built .within a new single family residence from Ricardo Longoria (Sunnybrook Colorado, Inc.); and WHEREAS, the 691 net livable square foot basement level one- bedroom accessory dwelling unit is being provided in accordance with the housing mitigation requirements set forth in Ordinance 1, Series 1990, pursuant to the demolition of an existing single family residence at that location; and WHEREAS, the Housing Authority and the Planning Office reviewed the proposal and recommended approval of the Longoria Conditional Use with conditions; and WHEREAS, at a public hearing at the regular meeting of April 21, 1992 the Planning and Zoning Commission approved by a 6-0 vote Conditional Use for an attached accessory dwelling unit, amending the conditions recommended by the Planning Office. NOW, THEREFORE BE IT RESOLVED by the Commission: That the Longoria Conditional Use for a 691 s.f. below grade attached accessory dwelling unit is approved with the following conditions: 1. one parking space shall be provided on-site for the accessory dwelling unit. 2. The mechanical room shall be removed from the accessory dwelling unit and be provided with separate access from the principal residence. 3. The exterior stairs and walkway for the accessory unit shall be reconfigured to avoid the spa and sideyard area of the principal residence. Additional screening shall be included in the area between the spa and the accessory dwelling unit. 4. The owner shall submit appropriate deed restrictions to the Aspen/Pitkin County Housing Authority for approval. The units shall be deed restricted to resident occupancy with minimum 6 month leases. Upon approval by the Housing Authority, the Owner shall record the deed restrictions with the Pitkin County Clerk and Recorder's Office. 1 L 5. The Accessory Dwelling Unit shall be clearly identified as a j separate dwelling unit on the building plans submitted for Building Permit. The construction shall conform to Chapter 35 of the Uniform Building Code for sound attenuation requirements. 6. Prior to issuance of any building permits for the new residence a copy of the recorded deed restrictions for the accessory dwelling units must be forwarded to the Planning Office. 7. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. APPROVED by the Commission at its regular meeting on April 21, 1992. Attest: Jan arney, Deput City Clerk Planning and Zoni Commission: ~ `~~ ~ Jasmine Tygre, h r 2 MEMORANDIIM TO: Planning and Zoning Commission FROM: Kim Johnson, Planning Office RE: Longoria Conditional Use for an Attached Accessory Dwelling Unit DATE: April 21, 1992 SUMMARY: Staff recommends approval of Conditional Use for the Longoria attached accessory dwelling unit with conditions. APPLICANT: Ricardo Longoria (Sunnybrook Colorado, Inc.), represented by Bruce Sutherland LOCATION: The parcel is at 936 King Street (Parcel A, a part Lots 19,20,21 and 22, Block 14, Hughes Addition, Tract 40.) ZONINf3: R-15A APPLICANT'S REgIIEST: The applicant is requesting Conditional Use approval to develop a basement level one-bedroom accessory dwelling unit in conjunction with the demolition/reconstruction of a single family residence as required by Ordinance 1, the housing replacement ordinance. Net livable area of the unit will be 691 s.f. as pointed out in an addendum to the application. Please see Attachment "A" for floorplans and building elevations. REFERRAL COMMENTS: Dave Tolen from the Housing Authority forwarded concerns about the location of the mechanical room and its intrusion into the privacy of the ADU. Also, he mentioned that the exterior access into the ADU bedroom is undesirable. The pathway to the ADU entrance should be realigned to avoid the spa and sideyard of the principal residence. (Attachment "B") STAFF COMMENTS: On the subject property there exists a single family dwelling which will be demolished prior to construction of the new 4,649 s.f. house. Ordinance 1 requires replacement affordable housing or cash-in-lieu for demolition of existing residences. The applicant is proposing development of an accessory dwelling unit deed restricted to resident occupancy. The Commission has the authority to review and approve development applications for conditional uses pursuant to the standards of Section 7-304: A. The conditional use is consistent with the purposes; goals, objectives and standards of the Aspen Area Comprehensive Plan, and with the intent of the Zone District in which it is .~ proposed to be located. RESPONSE: As a resident-occupied deed restricted unit, this apartment will allow the property to house a local employees in a residential area, which complies with the zoning and Aspen Area Comprehensive Plan. B. The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. RESPONSE: The accessory dwelling use is compatible with the other residential uses in the surrounding neighborhood. The unit will not be visible from the outside. C. The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties. RESPONSE: The proposed accessory unit will be completely contained within the single family residence. A parking space is not required by code for a studio accessory unit, but staff recommends that one space for the ADU be designated on the site. The unit will access the exterior through a below grade patio and stair to the east side of the house. Planning and Housing staff are concerned about the configuration of the stairway. As proposed in the application, the ADU egress leads to the spa and sideyard area of the site. This detracts from the privacy of both the ADU occupant and uses of the spa and yard. The stairs and walkway should be configured to wrap around the corner of the house to be more directly oriented to the rear yard and parking ar-ea. A more pressing concern of Planning and Housing is that the mechanical facility for the principal residence is located within the accessory unit. This prohibits complete independence of the ADU as a separate dwelling unit. If a fuse blows or the furnace fails, other persons would have to enter the unit. Staff strongly recommends that floorplan be changed so that the mechanical room is placed centrally within the basement and that access to this room and the ADU be by separate doorways. Also pointed out by Housing is that the living area and bedroom of the ADU should be reversed so that the exterior entrance of the unit occurs into living space rather than private bedroom. Planning agrees with this recommendation, especially since the ADU should be redesigned because of the mechanical room problem. No other significant impacts are anticipated. 2 i D. There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. RESPONSE: All public facilities are all ready in place for the existing home and neighborhood. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use. RESPONSE: The proposed deed restricted unit will satisfy Ord.i requirements. The applicant must file appropriate deed restrictions for resident occupancy, including 6 month minimum leases. Proof of recordation must be forwarded to. the Planning Office prior to issuance of any building permits. F. The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicable requirements of this chapter. RESPONSE: This use complies with the Aspen Area Comprehensive Plan and any other applicable conditional use standards. Section 8-104 i.d. allows the Commission to approve accessory dwelling units to be exempt from growth management competition. This proposal qualifies upon approval of its conditional use review. STAFF RECOMMENDATIONS: The Planning Office recommends-approval of Conditional Uses for the basement level attached accessory dwelling unit for the Longoria residence with the following conditions: 1. One parking space shall be provided on-site for the accessory dwelling unit. 2. The mechanical room shall be removed from the accessory dwelling unit and be provided with separate access from the principal residence. Exterior access to the accessory unit shall not enter directly into the bedroom. 4. The exterior stairs and walkway for the accessory unit shall be reconfigured to a oid the spa and sideyard area of the principal residence. ~ a~~ s~~,,,,,A•;• ,M1 ~~' ~ (}D"~ 3 0 5. The owner shall submit appropriate deed restrictions to the Aspen/Pitkin County Housing Authority for approval. The units shall be deed restricted to resident occupancy with minimum 6 month leases. Upon approval by the Housing Authority, the Owner shall record the deed restrictions with the Pitkin County Clerk and Recorder's Office. 6. Prior to issuance of any building permits for the duplex, a copy of the recorded deed restrictions for the accessory dwelling units must be forwarded to the Planning Office. 7. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. RECOMMENDED MOTION: I move to approve the Conditional Use for a 691 s.f. basement level accessory dwelling unit within the proposed Longoria residence at 936 King Street with the seven conditions recommended in the Planning Office memo dated 4/21/92. _C Attachments: "A" - Proposed Site Plan, Floorplans, and Elevations "B" - Housing Authority Referral Comments -o longoria.adu.memo 4 PLANNIN Ofi°::. _ _.a:ISSZON EXfIIBIT` ~ ~~ +, APPROVED ~~_ T_„ 19:. _.. 'o ~ N \~ _.. .._. _T ~ \ a .\ ~ i ~ '~.: ~ .• J ~1.Ja A ~ O .~t~ / Z `~O a ~ .ao~ ~ ~D .. ~x~,,~ ~ _ ;q ~yg < ti c Y '. -'~ c ! ~i O ~ ~~ ,~ ,, ,~ ~~ o-o, ' o a~ ~ `'1, `~,1 ~,4 k ~ v . I 1 i1~. , = ~ I ~ 11.4,, ~G ~~'~.aq~---'~ ~iJr.~~ ~~ \\ ' ~~ Vii' ~/ 1;,'.,`4~~ \ ~~ ~' .44 D '~• 0/ 4 a `. a. \ ~ ~a ~~`i 14`, ~4. L % .' ,,111• , ~, '~ F s}y`, y `14 ;~'\ i ` ~I('.r ~ •~ ~ P\F ~ 111 ` a/.,.-~1~..` O 4;• b` ~ i ~~ b ,~ i ~ i I U - z Y `p ~. !' 4 ~. ~F ~. 1 N I .V:L 1 K YJ m~ o~AA ii ~~~i Y I I,I; - . 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Q L-.-..._. _.__-. _____-_ o~ p ,~ i. ,_,, PIr* .1QG i TONING COlQ[ISSI011 EII,. dIT y ° r 71PPROVED r 19 BY RE$OLUTIOIf APR 14:'°i 14 April, 1992 To: Kim Johnson, City Planning From: Dave Tolen, Housing Re: Longoria Accessory Dwelling Unit Kim: As we discussed over the phone, I have several problems with the proposed accessory unit at the Longoria residence. The mechanical room is located within the unit, and access to it is through the unit. The exterior door and stairway lead directly into the spa area of the main residence. The exterior entryway lead directly into the sleeping area. I feel this unit would be much better if the layout was changed. The mechanical room should be moved so as to be directly accessible from the main house. The unit plan should be adjusted so that the living area is in the front. The exterior stair leading from the unit should be turned toward the rear of the house as it ascends, leading more directly to the walkway at the rear of the house. .• `wI• September 8, 1995 Leslie Lamont Planning Office City of Aspen 130 S. Galena St. Aspen, CO 81611 Assocu7ES INGOePOw7ED ARCHDECIURE AND PIANNING Project Ref: Longoria Residence 936 IGng Street Aspen, Colorado Dear Leslie, SEP 14 1995 Cpt. t Dere~... verrr, As we discussed a few days ago, Mr. and Mrs. Ricardo Longoria, owners of the above referenced property, have been attempting to modify their house design in response to the comments received during their Ordinance 35 review process. Several plans were prepared for their review in a sincere attempt to modify the design, but they found that all the ideas compromised their family's requirements too much. _. They have abandoned further attempts at redesign and wilt proceed with submitting the original plans for a building permit. It is our understanding that the advisory approval process gives the owners eighteen months to initiate their p~-mit application, which unless noted othervvise, would commence with the date of this letter. On behalf of the owners, please accept our thanks for the opportunity to explore different options for their residence. Sincerely, .' l )_ # ._, ~Y it '~ -~_._......\ a ., it A. ~ Richard A Fallin, ,. , fl vce-President '~'~~ :. ^ JOHN R. BARER AIA, Pmident • RICHARD A FAWN Vice P.vident • DAVID E.K.~A N.ICO Amocute 1280 U7E AVENUE • ASPEN, COLORADO $1611 •303/9251252 • FAX 3IXi/92.5-2639 715 GRAND AVENUE • GLENmOOD SPRINGS, COLORADO $1601 •303/92$-9704 • FAx 303/928-9628 ^ 4 ..1 ,~ , Richard A. Fa1Gn Baker Fallin • 1280 Ute Avenue Aspen, Colorado 81611 RE: Longoria Residence -King Street Dear Dick, . November 30, 1995 . Aseov.Plrtcnv PLANNING ~ TANU3G DEPAerttwr COUMUYITY DEVELOPMENT DEPA[IL1ENi As.I understand from your letter, Mr. and Mts. Longoria have discontinued their attempts to redesign their home. Although that is unfortunate, I do understand and do appreciate their attempts to work with our new design guidelines. You aie correct An applicant has eighteen months to obtain.a building permit after a development order has been approved. Due to the fact that Mr. Longoria continued in the review process, staff will consider the development order finally approved at the date of your letter, ,September 8, 1995. It is the City Attorney's opinion that your letter effectively completed the Longoria's review process for thu development that was proposed. If substantial changes are made to the project that would require additional review, that review would proceed based upon the Code at the time of review. Please keep this leaer on file, as we wil( also.. When a building permit application is submitted we will both have a record of this review. I apologize for the delay in my response. If you have any further questions please contact John Worcester our City Aaomey as I am leaving this job effective December 1, 1995. Sinc ly, • ~~. L slie Lamont, Deputy Director cc: Mr. Richard Longoria t30 SOUTN GALENA $T[EE7 . ASPEN, COLO[A00 8ibtt t~110NE 303.92U.50g0 . FAx 303.92oSt97 n`.ra,~a+PS• DIRECT FAx Lee 303.920.5339 ~ ~ . 1) i'rojoct.r+amc L .-- 1~171k]ntl~rr 1 :i+~ro use ~,rrti~tcxi i>~ar ~ j~l~, / ~ C i '~ ~~. 2) Yiojcxt Incatirn~36 x;ng Street Aspen, CO Parcel A Dart of Lots . 19, 20. 21 & 22. Block 74. Hnnhe.a AAAitinn. mrart dlY. Rant n~.,o (irrlicate street _'~'--,`"~ lot S block camber, legal cl~-;T,-n-;~n ~+lri~e apQropriate) n Addition 3) Pr~~t Zoruir~ R-15A 4) Lot Size 20. 1 23 ~Sa Ft. S) Applicant's Name, Addzess b Phone $ Suhnybrook Colorado, Inc. , Ricardo Longoria, P:O. Drawer 6250, Laredo, TX 78042 G) izeP~tative's Name, Add & Prxx~e ~ Bruce Sutherland', Sutherland Fallin, Inc., 1280 Ute Avenue, Aspen, CO 81611 7) type of Application (Please ctudc all that apply). .a . _Qonditional Use Caaeptti~al SPA ~1OeP~ Fiistnri.c Dev_ !!"-- ~;a1 Review _ Fi~l SPA Final Historic Dev_ 8040 Q~eeiil ine _ ~Pb~ ~ _ Munr HistJoric Dev- _ Stream Margin Final PUD Historic D~lition Tioemtain View Plane _ 9,~+•l;vision Hi-stork Dc~icy~ation (tw3rani nitmii ~~rjyon' Se7ct/i'~p Amcs'r>ment ~'X'!S ALLotment IAt SpLit.~Zot 7•i rn ~ ~ ~ ~~- - - .- J.. r~~ust~t g) r~~;T t-; on of ~ri ter; nQ Vses ' (ember a~ type of o,r; ~r;.n strucb.¢es; apprcmm3te sq_ ft_; n~ber of brttiro~>ns; anSf Faevio~s approvals grartod to the PAY) - 4 Bedroom, 4 7/2 Bath Residence consisting of 4,649 Sq. Ft. First and Second Floor 1 177 Sq. Ft. Basement and 616 Sq. Ft. two car garage. 9) DesQiption of Development Application Accessory dwelling unit in the Basement with Living Area. sleeping area Kitchenette bath and closet consisting of~B_Sq.Ft. 10) IL~vc y^o~u~a~tta~~dvjd the follariir~.' ~i- "'-'t"^'-"' ~ At*.~~'~t 2, Hi nimrtn Sy~tm~~clQl C1}ltl~llt5 r~70[tSC tD j~tt,"fclmrslt 1, $iXjC1~iC Sill i ~1Q1 Ci17tCS1t It~~ese ~ Attad~~, 4, ~,~~ ~(arv~rrLc for Your Application I~ ~ ~ \ ~'~ Ci ``~ ',t~a~~ ~ ~~ ~~~ a o 4 4 8 "~ ~ ~4 pO iJ Mev~~ b ~ ~i°`d qe ee ' r~V d IwMr Cr To Basalt u'"r ~ C (.. ~ MueMe ~ t ~~ Q' ~ ~ ~ ~ ~ ~ hMc ,~ ~ S t7 ~ eew p Hallam .A . ~ v dr Lake oAd ~` € ..., a ~~ 2 N / - _ ~ 1 Mumr /S / Not ell atroete or roeEd ero nemeo on mope. Conatructlon of etroete enO roeon mey be In pro0roea In certain erees. Aspen °t3Co Ktnw ~ U U `gsAeA ban Muelc tknool ~E~V L~ E.1~ ~t.~tr5 I ; wMel.lr~/J~ I ,~ ~(]] •bu.y ~ ~. G ~ IO Ig I M~ullt$jll To Twin I SUTHERLAND, FALLIN, 1 1280 Ute Avenue ASPEN. COLORADO 81611 (303) 925-4252 FAX (303) 925-2639 TO Kim Johnson L1 C~44L~~ 0~ 4G°dG.1G~l~G~t7~44G~[~ Ashen Planning Office 130 S. Galena St. Aspen, CO 81611 OATS 3/6/92 J09 NO. 91-13 ATTENTION RE: Lon oria Residence 936 Kin Street Aspen, CO > WE ARE SENDING YOU ~ Attached ^ Under separate cover via Ma; 1 the following items: ^ Shop drawings ^ Prints ^ Plans ^ Samples ^ Specifications ^ Copy of letter ^ Change order ^ COPIES DATE NO. DESCRIPTION 1 3/6/92 Review Standard: Development of Conditional Use THESE ARE TRANSMITTED as checked below: ^ For approval ^ Approved as submitted ^ Resubmit copies for approval ^ For your use ^ Approved as noted ^ Submit copies for distribution > ^ As requested ^ Returned for corrections ^ Return corrected prints ^ For review and comment ^ ^ FOR BIDS DUE 19 ^ PRINTS RETURNED AFTER LOAN TO US REMARKS Dear Kim, Enclosed is our resaonse to the Review Standards for Conditional Use. Also, the revise d net square footage of the unit is 691 in lieu of the gross square footage on the application. Bruce COPY SIGNED: vanmenena nlrc. cmm~. aa. mvi If enclosures are not as notetl, kindly notify ua at once. March 6, 1992 Aspen Planning Office Att: Kim Johnson 130 S. Galena Street Aspen, CO 81611 RE: Longoria Residence. #91-13 936 King Street Aspen, Colorado SUBJECT: Review Standards: Development of Conditional Use Dear Kim, The following is our response to the review standards: A. The proposed Accessory dwelling unit is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan, and the R-15A District. B. The conditional use is consistent and compatible with the character of the immediate vicinity and surrounding land uses, and enhances the mixture of complimentary uses and activities in the immediate vicinity. C. The Accessory dwelling unit is located in the lower level of the residence; therefore, the use minimized adverse effects, including visual impacts. The impacts on pedestrian and vehicular arculation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties is minimal for a unit this size. D. The public facilities and services, such as roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems and schools are adequate to serve this dwelling unit. E. The applicant has committed to supply housing to meet the need generated by the new residence addition and remodel. ~uJ ll lllllla~~~'ilA~YIU~O~~'illl~~~A~Y°~A~Y~io lU~rou~~ Snnfl~n~r~.sm~, ~r~~i~~mfl ° 9®ic~~rd ~allimm, ~i~~ ~r~si¢~~uu4 ° ~~e~a~ ~~~n~®, ~~~®~n~4~ c'Va°~6n1~rt°4®r~ ~ 4 L~.~mman~ ° V~~® aJ4~ Ew~~u¢~ ° ,p t~~~m, ~i®~®r~~® ~~61V .3®3/~~~=41~~~~ FAX 3®3/~~~=~~.$~ Aspen Planning Office March 6, 1992 Page 2 F. The proposed conditional use complies with all additional standards of the Aspen Area Comprehensive Plan and by all other applicable requirements. Sincerely, Bruce R. Sutherland, A.I.A. BRS/trm Enclosure n1 oG:A: Llt.9 $~JI 571 ti ~J59 __ dLFRI LUDER ~ ~uul C~ ~~ 3, 1992 Bcvice R. Sutd~rl.~od, A.I.A. Satl~esland Fallia, Inc. 1280 t)te Avsm,p Aspen, OO .81611 RE: Inn~oria, et al, Residence 93 King Street Aspen, CA 81611 Dear Sn~ce, lbis letter is tc serve as author-ization far you to 6e my represpnta- tive for po~pr~ses of suhmitting for a Bailding Permit arm ire tared IIse Application far the Accessory ila~lli o IInit. $i nrorPl y, Rira.ri.. r.~ Suoaybznaic Colorado, Inc. 3- 3-92 ~ 19P)± ~ M; ~ .,~~~• ~.. i f;ti' : _ g C H E D 0 L E A ORDER NO.: 00018250 POLICY NO.: 0-9981-75516 DATE OF POLICY: May O8, 1991 at 15:37 P.M. AMOUNT OF INSURANCE: $ 575,000.00 1. NAME OF INSURED: SUNNYBROOK COLORADO INC. 2. THE ESTATE OR INTEREST IN THE LAND WHICH IS COVERED BY THIS POLICY IS: Fee Simple 3. TITLE TO THE ESTATE OR INTEREST IN THE LAND IS VESTEL' IN: SUNNYBROOK COLORADO INC. 4. COLORADO,RCOUNIR'YDOFOPITKIIvzSANDLISiDESCRIgEDEASTFOLLOWS: SEE LEGAL DESCRIPTION ATTACHED HERETO & MADE A PART HEREOF'. Stewart Title of Aspen, Inc. 602 E. Hyman Aspen, CO 81611 303-925-3577 AUT O IZEU -- siGNATUSe !-I 1' b: ~~"A R'I' 7' I'I' I _ N: GVANANt• Cn.IP.FI __.-v v v_ ~ i"au, .., n u a ~. a.n,• •nr r~>__r-' JZ]_G.7J~2 POLICY OF TITLE INSURANCE ISSUED BY S~EWAl~T 'T'I'~I.~E GUARANTY COMPANY SUBJECT TO THE EXCWSIONS FROM RAGE, THEE EONS FRGM COVERAGE CUNtAINED IN SCHEDULE B AND THE CONDITIONS ANO PULATIONS, ST ART TITLE GUARANTY COMPANY, a T9xes corporation, herein called the Company, Insures of Dete of Polic sown in Schedule A, ageintt loss or damage, rent excsledinp the Amount of Insurance stated in Sc Ia A, sustained 0 curratl by the insured by reesor. of: 1. Title to the estate or interest described Ire le A being v her thsn as stated therein; 2. Any defect in or lien or encumbranq " 3. Unmerketebility of the title; 4. Leek of a right o} access to and f The Company will also oey the costs: s detanu of the tine, es iMUrotl, but Only to the extent provided in the CorsdiUOns" IN WITNESS WHEREOF, Stewart his policy to be signed and sealetl by it3 duly sutftoriaetl officers e: of the Date o} ~~ ~~a ~ K T Chapman of tnp doara Counareigned: Autnar • r Cory ~/j'///1~-., Gist', pan T'-" " 1lOA{ iAV1i1CeE yha following rnonan on espreefly eeclyded from Me cave yoigr Oed tlse Company wdl y ss r r espenset whKh arise by Hawn of: :.~ 1. (o) Any Nw, ordinssnn or povammentol repvlatien ( 710! uJd;np and soninq lows, erdinanees, er tepsdutions) nprKtinp, .epulalinp, prohibilinp a rderinp to {i) Me ocevpancy, tire, er fEe j Me thoroAer, dimensions a 4ocetcn of any improvement now ar hereoher ereAed on Me land; {u) o wparotion in ownership or tiyns a area o! Me loud or any pored d which spa lend is or was o pan; or (ir) endrpmnsnrd protadian, or the offer of any r: ~ a) IEitisa low ~4manca< or porernmenrol ropulotiam. anpt M the assort Mat o notice of the en}omm•nt rhenof or o notice of o defect, hen er encumbrenq nsylGnp from u .:oloron or oheged dolatmn offecfirsp Me bred Fes bran recorded M Me public records o+ Dolt of Pdiry. 1'"' "' "' ' """"" (b) Any porarnmenml police power nos euluded by (a) abore, eecepl to fhe esnnt Mot o notice of Ma exercise thmaof or o reprise et o Bette, hen or ancumbmnre rewhmp inm o vielution or ollsged violation offeeing the land pus boas ncc:ded .r. the pubrit records at Do» of Polity. Z. Riphp of eminent domain unfns nonw of the exercise Hereof has been ncerded in Me pubiie re:ords or Dote of Polity, bm nos eailudinp from rn,erope any Mkinq which has ocwrod prior to Dmc of Pd,ry which wouid be bindmp on tho righn of o purchaser for talus without knowledge. 3 Defscn, liens, sncumbronnt, odrene doims or oMer maven (a) created, wflared, assumed or agreed to by Me fiwred doimont; (b) not inuwn to the Company, rem receded in tree publle records of Dort of Policy, but known "c fhe inwred doimont and nos disdossd in writing to the Company by fhe insured doimont prior ro the done tfa inwred daimom buome on insured under this paltry; (t) resuhinp in no loss or damage ro the insured claimant; (d) anochinp or aeoted wbwquent ro Dais of Polity; or ft) resuhinp in Ion ar damage .hick would real hm'e been ws•oined if th. imeed -I irtan' had a'd ~ ~ ( h r interest msu•-d b the ;, Sl . ~. t~ - a ", ~; a : . g.~ t f"', . a ? , roue art .c adole a y polity. ~~' 4. Any dam, which arises out of the trantottion resting in Me insured rht esla!e or iMeresr insured by this paltry, by Hawn of rM operation of feduol bonkruoscY, star insolvsnry, or similar crednori rights laws. ,,,~`% '~,~ - - ; - PoP ~t a~ (?•9961.7 5 516 - - fir'.' Stile No. m, ~4. •1ee~ ._.____ 1-' i. . '.~ L ~ ._U _._ v 3 SCHEDULE A PROPERTY DESCRIPTION ORDER NO: 00018250 PARCEL A: A parcel of land being part of Lots 19, 20, 21 and 22. Block 14 of the original Hughes Addition to Aspen, Colorado, and being fully within Tract 40, £ast Aspen Addition. Said parcel is more fully described as follows: seginning at a point whence corner 11 of said Tract 40 bears North 13 degrees 44 minutes Weat, 176.64 feet; theme South 22 degrees 33 minutes West, 110.07 feet; thence North 64 degrees 25 minutes West, 98.87 feet to the easterly line of the patented portion of the Sunset Lode U.S.M.3. No. 5310; thence Norr.h 33 degrees 47 minutes 42 seconds East 109.03 feet along said Easterly line, thence South 66 degrees 09 minutes East, 75.63 feet to the point of beginning. PARCEL H: ` A parcel of land being part of Lota 17, 18 and 19, Hlock 14, of the Original Hughes Addition and being wholly within the patented portion of the Sunset Lode U.S.M.S. No. 5370. Said parcel is more fully descrived as follows: Commencing at a point whence Corner 11 of Tract 40, East Aspen Addition bears North 13 degrees 44 minutes West, 176.64 feet; thence North 66 degrees 09 minutes Weat, 75.63 feet to a point on the Easterly line of the patented portion of said Sunset Lode, the true point of beginning; thence South 34 degrees 47 minutes 43 seconds West, 109.03 feet along said Easterly line; theme North 64 degrees 25 minutes West, 93.41 feet; thence North 26 degrees 52 minutes East, 103.58 feet; thence South 66 degrees 34 minutes East, 108.65 feet. to the true point of beginning. County of Pitkin, State of Colorado ~'1'F.N'ART'TiTI.I: l.VAnANt• coYl l'ANY