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HomeMy WebLinkAboutLand Use Case.CU.533 W Hallam St.A5-91 CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 1 18/91 PARCEL ID AND CASE NO. DATE COMPLETE: / a .2735 - 124 -29 -001 A5 -91 STAFF MEMBER: LL PROJECT NAME: Sweeney Accessory Dwelling Unit Project Address: 533 West Hallam, Aspen, CO 81611 Legal Address: Lots A & B.•Block 29. Aspen, CO APPLICANT: Sweeney Applicant Address: 533 West Hallam, Aspen. CO 81611 REPRESENTATIVE: C. Welton Anderson & Associates Representative Address /Phone: P.O. Box 9946 Aspen, CO 925 -4576 PAID: YES NO xAMOUNT: N.C. NO. OF OPIES RECEIVED 1 TYPE OF APPLICATION: 1 STEP: 2 STEP: P &Z Meeting Date & slI/ PUBLIC HEARING: e' NO VESTED RIGHTS: YES NO CC Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO II11�� Planning Director Approval: Paid:'r\�1ID ad Insubstantial Amendment or Exemption: Date: REFERRALS: City Attorney Mtn Bell School District /City Engineer Parks Dept. Rocky Mtn NatGas f Housing Dir. Holy Cross State HwyDept(GW) Aspen Water Fire Marshall State HwyDept(GJ) City Electric Building Inspector ,^ Envir.Hlth. Roaring Fork �� Other fPCi Aspen Con.S.D. �� / erg y Center DATE REFERRED: - -1 C I / INITIALS: A -- FINAL ROUTING: DATE ROUTED: '7077/ ggg--- ///City Atty _ City Engineer V Zoning / _Env. Health Housing Other: /2 � FILE STATUS AND LOCATION: / ip / wY n `� 6 NOTICE TO ADJACENT PROPERTY OWNERS RE: SWEENEY CONDITIONAL USE REVIEW FOR AN ACCESSORY DWELLING UNIT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, {t a meeting to begin at 4:30 pm before the Aspen Planning and Zoning Commission, 2nd Floor Meeting Room, 130 South Galena Street, Aspen, Colorado to consider an application submitted by John Sweeney requesting Conditional Use Review approval for the expansion of a detached unit to be deed restricted as an accessory dwelling unit. The remodeled accessory dwelling unit will be 682 sq. ft and is located at 533 W. Hallam Street, Lots A & B, Block 29, City and Townsite of Aspen. For further information, contact the Aspen /Pitkin Planning Office, 130 S. Galena St., Aspen, CO 920 -5090. s /C. Welton Anderson. Chairman Planning and Zoning Commission MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Leslie Lamont, Planner RE: Sweeney Conditional Use for Detached Accessory Dwelling Unit DATE: l ismaiilL11 6 1291 SUMMARY: The applicant proposes to enlarge and deed restrict, to Resident Occupancy, an accessory outbuilding. The applicant seeks a conditional use for a detached accessory dwelling unit. APPLICANT: Welton Anderson representing John Sweeney LOCATION: 533 West Hallam Street ZONING: R -6 APPLICANT'S REQUEST: Conditional Use review for a detached accessory dwelling unit. REFERRAL COMMENTS: Please see attached referral comments from Roxanne Eflin, Historic Preservation Officer for the City of Aspen STAFF COMMENTS: Ordinance 60 amended Section 5 -508 of the Land Use Code to incorporate detached accessory dwelling units. The General Provisions for accessory dwelling units, found in Section 5 -508 (A), that pertain to this application are as follows: an accessory dwelling unit shall contain not less than 300 square feet and not more than 700 square feet, parking shall not be required for studio or one - bedroom units, an accessory dwelling unit shall be deed restricted to Resident Occupancy, and detached accessory dwelling units shall only be permitted on parcels that have secondary and or alley access... Flo The applicant proposes to deed restrict and ( expand an existing detached dwelling unit. T tructure's 34k square feet is proposed to be expanded to 'S2. quare feet which includes a one car garage. The structure is located on the alley and after the expansion w 1 remain a one -b droom unit /, Section 5 -508 (B) identifies the Qeview standards for a detached accessory dwelling unit as follows: 1. The proposed development is compatible and subordinate in character with the primary residence located on the parcel and with development located within the neighborhood; RESPONSE: The expansion and refurbishment of this building will be similar to the Victorian -era style of the primary residence. The roof pitch, materials, windows, scale, and massing are derived from the approach used with the existing outbuilding. The mean height of the expanded outbuilding will be 16 feet. Although the total height of the detached accessory building will be 19' -4" which is greater than the height of the primary residence, the accessory structure is smaller in scale than the primary residence and the primary residence is only one story. 2. Where the proposed development varies from the dimensional requirement of the underlying Zone District, the Planning and Zoning Commission shall find that such variation is more compatible in character with the primary residence than the development in accord with the dimensional requirements. RESPONSE: Within the R -6 zone district the height of a detached accessory dwelling unit may be increased to 16 feet. According to the plans, the mean height of the structure is 16 feet. 3. The Planning and Zoning Commission and the Historic Preservation Committee may exempt existing non - conforming structures, being converted to a detached accessory dwelling unit, from Section 5 -508 B. (a -g) provided that the non - conformity is not increased. RESPONSE: The applicant cannot build into the rear yard as it would increase the non - conformity of the required total setbacks for rear and front yards. For a parcel containing an accessory structure the total for front and rear yard setbacks must be 20 feet. A setback must be clear from the ground to the sky. The accessory structure is located within the rear yard thus preventing any further encroachment into the rear year setback by the accessory structure. A proposal to renovate the existing primary structure does encroach into the front yard setback. This issues needs to be reviewed by the zoning officer, however this is not problematic for the conditional use review of the accessory dwelling unit. Section 7 -304 identifies the following standards for a conditional use review for an accessory dwelling unit: 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; and RESPONSE: This proposal is in accordance with the goals of the Cottage Infill Program. The proposal will secure another deed restricted dwelling unit for Aspen's housing inventory. 2 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; and RESPONSE: The conditional use is an expansion of an existing structure. According to the application, the expansion is compatible and subordinate in character with the primary residence. The roof pitch, materials, windows, scale, and massing are derived from a similar approach as the original outbuilding. The addition will match the architecture of the existing residence and be consistent with other carriage houses in the neighborhood. Outbuildings are a distinctive characteristic of the West End. The Cottage Infill program was originally designed with this type of land use pattern in mind. 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; and RESPONSE: There is no proposed change in the use of this alley structure. Although the proposal is to increase the height of the accessory building the applicant maintains that the expanded structure will not render visual impacts to surrounding neighbors. The original plans proposed to decrease the distance between the buildings from 5 to 3 feet. Staff was concerned that a wall was being created along the property line. The recent plans maintain the 5 foot distance between buildings, which is required by the Zoning Code. 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; and RESPONSE: All the facilities exist on site. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use; and RESPONSE: The application creates a deed restricted, Resident Occupied unit, thereby adding another deed restricted unit to the inventory. 3 0 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 application complies with all the standards set out in the conditional use review process. RECOMMENDATION: The Planning Office recommends that the Planning and Zoning Commission approve the conditional use with the following conditions: 1. Prior to issuance of any building permits for remodel of the accessory dwelling unit or the principal residence, the applicant shall provide a deed restriction to the Housing Authority for approval. The restriction shall state that the accessory unit meets the housing guidelines for such units, meets the definition of Resident Occupied Unit, and shall be rented for periods of six months or longer. Upon approval of the deed restriction by the Housing Authority, the applicant shall record the deed restriction with the Pitkin County Clerk, Recorders Office and Planning Department. The floor areli4ef the detached accessory dwelling unit shall not excee• •uare feet, the mean height shall not exceed 16 feet and - distance between the two buildings shall not be decreased beyond 5 feet. 4 C Welton Anderson & Associates ' t'' ` i Architects February 20, 1991 Leslie Lamont, Planner ASPEN /PITKIN PLANNING OFFICE 130 S. Galena Aspen, Colorado RE: CONDITIONAL USE REVIEW March 5, 1991 533 W. HALLAM, LOTS A & B BLOCK 29 h Sweeney Residence Dear Leslie, This letter is to serve as an AFFIDAVIT of Public Notice to the adjacent landowners. The prepared public notices were mailed on February 19, 1991. The property was posted as required on February 20, 1991. Sincerely, / Sven Erik Alstrom AIA C. WELTON ANDERSON & ASSOCIATES Planning / Architecture / Interior Design Box 9946 / Aspen ,Colorado 81612/(303) 925 -4576 JAN 25. C n , s I q icn./5 ) J991 ■ ti sC i' /i snun .ar U J. r ��- C . ..1 0 4 . , ) , O / m K. FA- Ce4,,Cat j ff Agt .J `J k1,/ F + is f ° , • i 1 g / 11J hp- ,� 1 ri re, . . /1'9 A4 ' - ` 1 I 1 4 / i n f' rl if A lull 1 # (J U ' pj 441.4,,Ceit&S 1 i I L I.- )441 Z In^ 1)0 ASPEN /PITKIN PLANNING OFFICE 130 S. Galena Street Aspen, Colorado 81611 (303) 920 -5090 Welton Anderson C. Welton Anderson & Associates P. 0. Box 9946 Aspen, Colorado 81612 RE: Sweeney Conditional Use Review for an Accessory Dwelling Unit Dear Welton, This is to inform you that the Planning Office has completed its preliminary review of the captioned application. We have determined that your application is not complete. Section 7 -602 requires demolition of any structure included in the Inventory of Historic Structures to be approved by the HPC. Ordinance 1 amended the definition of demolition to state that ... "a building shall be deemed to be demolished if less than 50% of the existing primary residential structure remains in place." Since the Sweeney house is listed on the Inventory, please provide information which verifies that it does not need to be reviewed by the HPC. Please submit this information by February 15th. Please also submit two (2) additional copies of the plans for referral agencies. We will need these as soon as possible. Welton, although the application is incomplete, we have scheduled if for review at a public hearing by the Aspen Planning and Zoning Commission on Tuesday, March 5, 1991 at a meeting to begin at 4:30 pm. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to the application is available at the Planning Office. Please note that it is your responsibility to post the subject property with a sign for the public hearing and to mail notices to property owners within 300' of the subject parcel. If you have any questions please call me. Thank you. S c erely, eslie Lam. t, Planner cc: Roxanne Eflin C Welton Anderson & Associates i 8 Architects MISSIttfri Leslie Lamont ASPEN /PITKIN PLANNING OFFICE 130 S. Galena Aspen, Colorado RE: Sweeney Residence, 533 W. Hallam, Lots A & B, Block 29, Aspen DEVELOPMENT APPLICATION /CONDITIONAL USE HEARING For a detached accessory dwelling unit under Ordinance No. 60, series of 1990, "Cottage Infill" Dear Leslie, This application is for the expansion of an existing non - deed restricted accessory dwelling unit, consisting of a new second floor addition and conversion of a part of the first floor to a one car garage. The accessory dwelling unit's square footage will increase from 349 square feet to 682 square feet. The conditional use hearing requested will be to review the following: 1. Deed restriction and formal recording of the existing accessory dwelling unit. 2. A variation request under the Cottage Infill Ordinance for a reduction in the minimum distance between buildings from 5 feet to 3 feet. The proposed development is compatible and subordinate in character with the primary residence. The roof pitch, materials, windows, scale, and massing are derived from a similar approach as the original Victorian outbuilding. The proposed accessory dwelling unit is on the alley and therefore does not visually impact the neighborhood. The scale of the alley addition is modest and will match the architecture of the exisitng residence and be consis- tant with other carriage houses in the neighborhood. The development plan meets the following Conditional Use Standards A through F: A. The proposal is in accord with the goals of the Cottage Infill program to provide additional resident housing. B. The proposal is a reuse of an existing compatible structure. C. There is no change in the current location, char- acter, or use of the structure. No significant Planning / Architecture / Interior Design Box 9946 / Aspen ,Colorado 81612/(303) 925 -4576 C Welton Anderson & Associates Architects ZONING SUMMARY Sweeney Residence, 533 W. Hallam Lots A & B, Blk. 29 R -6 Zone District 6000 square foot lot area Principal Building Front Setback 12' -6" Rear Setback 29' - 6" Accessory Building Rear Setback 5' -6" Current Site Coverage Principal Bldg. 1474 s.f. Access. Bldg. 407 s.f. Total 1881 s.f. (1881/6000 = 31.35 %) Proposed Site Coverage Principal Bldg. 1474 s.f. Additions 262 s.f. Accessory Bldg. 407 s.f. Additions 44 s.f. Total 2187 s.f. (2187/6000 = 36.45 %) Proposed F.A.R. Principal Bldg. 1474 s.f. Additions 262 s.f. 1st Flr. Access. 442 s.f. 2nd Flr. Access. 2 2 s.f. Total F.A.R. 410 .f. Allowable F.A.R. for 6000 sq. ft. lot area 02/4 s.f. Planning / Architecture / Interior Design Box 9946 / Aspen ,Colorado 81612/(303) 925 -4576 Sweeney Residence January 15, 1991 page 2 visual change occurs which would adversely affect the neighborhood. No additioanl parking is required. D. All required facilities currently exist on site. E. This application creates an affordable housing unit within the guidelines of the Cottage Infill Program. F. This application complies with all Conditional Use requirements and standards. Attached is a Zoning Summary which reviews the current R -6 data for this property. If we may provide any additional information or answer any questions regarding this application please contact us. Sincerely, C. Welton Anderson, Architect attach: Zoning Summary n . I "'In, r I / '_( ✓� _ J - aeMll .1La d... AA - , L• . 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At 4�f % / 1 b. �: } f' rn `� •, SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINE IN SCHEDULE B AND p; ' THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, STEWART TITLE GUARANTY `4 i COMPANY, a corporation of Galveston, Texas, herein called the Company, insures, as of Date of Policy shown in 4,:.!E 4 A ': Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' /(ft ti , '�¢' l � fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by the insured by 4 ` . reason of: tit 4A.- 1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein; //�s5 • ' . : 2. Any defect in or lien or encumbrance on such title; "''''111111������ � $ ) h: . • ' 3. Lack of a right of access to and from the land; or �< I p r •,� 4. Unmarketability of such title ry • �t • IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused this policy to be signed and sealed by its 4 \ • d uly authorized officers as of Date of Policy shown in Schedule A. N° c. a N as': �l g '' (In 1 1,4 li ..9. STEWART TITLE (I \ +) G OA RANTY COMPANY Sq#9,091_74.0,Q i( ;li Countersigned: AI • f� '7� M IN /N/, ,,'i�1., l 'd p l y 1l E GO I NS `:: S` Chairman of the Board _� 4'?0 ° �. P resident , , • 3 —* ' ? -` ei s 0;c/et r .\ I) kV. 1908 1,o e 'hi'. e �` Authorized Cou nter rs signatturree //- Y / ( u R I ` .•\ p`�:I. ? ' EXCLUSIONS FROM COVERAGE . Y I` p ,0 .� The following matters are expressly excluded from the coverage of this policy: ty F. ea 1. Any law. ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or IJ` prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or ° u g e • j11 h erea f ter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect .° •� o : :l of any violation of any such law, ordinance or governmental regulation. 4 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public •q !(,sY 1 . ' r 4r :. , e'71 records at Date of Policy. Yyt +- /„ 4,4. 3. Defects, liens, encumbrances, adverse claims, or other matters la) created, suffered, assumed or agreed to by the insured claimant, (b) not 4 . l � - known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date " Ip such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company (N ql: prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) ° .1..„ f y�, i attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured �(P`� • ' ) claimant had paid value for the estate or interest insured by this policy. s. i cote 5 1 CC oPy 0M 584 +/ CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS ire,,.,, or interest as insured which might cause loss or damage The following terms when used in this policy mean: for which the Company may be liable by virtue of this policy or, (iii) if title to the estate or interest, as insured, is (a) "insured ": the insured named in Schedule A, and, rejected as unmarketable. If such prompt notice shall not subject to any rights or defenses the Company may have b given to the Company, then as to such insured all against the named insured, those who succeed to the liability of the Company shall cease and terminate in regard interest of such insured by operation of law as distinguished to the matter or matters for which such prompt notice is from purchase including, but not limited to, heirs, dis- required; provided, however, that failure to notify shall in tributees, devisees, survivors, personal representatives, next no case prejudice the rights of any such insured under this of kin, or corporate or fiduciary successors. policy unless the Company shall be prejudiced by such (b) "insured claimant ": an insured claiming loss or failure and then only to the extent of such prejudice. damage hereunder. (c) The Company shall have the right at its own cost tc (c) "knowledge ": actual knowledge, not constructive institute and without undue delay prosecute any action of knowledge or notice which may be imputed to an insured proceeding or to do any other act which in its opinion may by reason of any public records. be necessary or desirable to establish the title to the estate (d) ' "land ": the land described, specifically or by or interest as insured, and the Company may take any reference in Schedule A, and improvements affixed thereto appropriate action under the terms of this policy, whether which by law constitute real property; provided, however, or not it shall be liable thereunder, and shall not thereby the term "land" does not include any property beyond the concede liability or waive any provision of this policy. lines of the area specifically described or referred to in (d) Whenever the Company shall have brought any Schedule A, nor any right, title, interest, estate or easement action or interposed a defense as required or permitted by in abutting streets, roads, avenues, alleys, lanes, ways or the provisions of this policy, the Company may pursue any waterways, but nothing herein shall modify or limit the such litigation to final determination by a court of extent to which a right of access to and from the land is competent jurisdiction and expressly reserves the right, in insured by this policy. its sole discretion, to appeal from any adverse judgment or (e) "mortgage ": mortgage, deed of trust, trust deed, or order. other security instrument. (e) In all cases where this policy permits or requires (0 "public records ": those records which by law the Company to prosecute or provide for the defense of impart constructive notice of matters relating to said land. any action or proceeding, the insured hereunder shall secure to the Company the right to so prosecute or provide 2. CONTINUATION OF INSURANCE AFTER CON- defense in such action or proceeding, and all appeals VEYANCE OF TITLE therein, and permit the Company to use, at its option, the The coverage of this policy shall continue in force as of name of such insured for such purpose. Whenever requested Date of Policy in favor of an insured so long as such insured by the Company, such insured shall give the Company all retains an estate or interest in the land, or holds an reasonable aid in any such action or proceeding, in effecting • indebtedness secured by a purchase money mortgage given settlement, securing evidence, obtaining witnesses, or pros - by a purchaser from such insured, or so long as such insured ecuting or defending such action or proceeding, and the shall have liability by reason of covenants of warranty made Company shall reimburse such insured for any expense so by such insured in any transfer or conveyance of such incurred. estate or interest; provided, however, this policy shall not 4. NOTICE OF LOSS — LIMITATION OF ACTION continue in force in favor of any purchaser from such insured of either said estate or interest or the indebtedness In addition to the notices required under paragraph secured by a purchase money mortgage given to such 3(b) of these Conditions and Stipulations, a statement in insured. writing of any loss or damage for which it is claimed the 3. DEFENSE AND PROSECUTION OF ACTIONS — Company is liable under this policy shall be furnished to NOTICE OF CLAIM TO BE GIVEN BY AN INSURED the Company within 90 days after such loss or damage shall CLAIMANT have been determined and no right of action shall accrue to an insured claimant until 30 days after such statement shall (a) The Company, at its own cost and without undue have been furnished. Failure to furnish such statement of delay, shall provide for the defense of an insured in all loss or damage shall terminate any liability of the Company litigation consisting of actions or proceedings commenced under this policy as to such loss or damage. against such insured, or a defense interposed against an insured in an action to enforce a contract for a sale of its 5. OPTIONS TO PAY OR OTHERWISE SETTLE estate or interest in said land, to the extent that such CLAIMS litigation is founded upon an alleged defect, lien, The Company shall have the option to pay or otherwise encumbrance, or other matter insured against by this settle for or in the name of an insured claimant any claim policy. insured against or to terminate all liability and obligations (b) The insured shall notify the Company promptly in of the Company hereunder by paying or tendering payment writing (i) in case any action or proceeding is begun or of the amount of insurance under this policy together with defense is interposed as set forth in (a) above, (ii) in case any costs, attorneys' fees and expenses incurred up to the knowledge shall come to an insured hereunder of any claim time of such payment or tender of payment, by the insured of title or interest which is adverse to the title to the estate claimant and authorized by the Company. (continued and concluded on last page of this policy) CONDITIONS AND STIPULATIONS Continued (continued and concluded from reverse side of Policy Face) 6. DETERMINATION AND PAYMENT OF LOSS if the amount of insurance under this policy was divided (a) The liability of the Company under this policy pro rata as to the value on Date of Policy of each separate shall in no case exceed the least of: parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has (i) the actual loss of the insured claimant; or otherwise been agreed upon as to each such parcel by the (iil the amount of insurance stated in Schedule A. Company and the insured at the time of the issuance of this (b) The Company will pay, in addition to any loss policy and shown by an express statement herein or by an insured against by this policy, all costs imposed upon an endorsement attached hereto. insured in litigation carried on by the Company for such 11. SUBROGATION UPON PAYMENT 011 SETTLE insured, and all costs, attorneys' fees and expenses in MENT litigation carried on by such insured with the written Whenever the Company shall have settled a claim under authorization of the Company. this policy, all right of subrogation shall vest in the (c) When liability has been definitely fixed in accord- Company unaffected by any act of the insured claimant. ante with the conditions of this policy, the loss or damage The Company shall be subrogated to and be entitled to all shall be payable within 30 days thereafter. rights and remedies which such insured claimant would 7. LIMITATION OF LIABILITY have had against any person or property in respect to such No claim shall arise or be maintainable under this claim had this policy not been issued, and if requested by policy (a) if the Company, after having received notice of the Company, such insured claimant shall transfer to the an alleged defect, lien or encumbrance insured against Company all rights and remedies against any person or hereunder, by litigation or otherwise, removes such defect, property necessary in order to perfect such right of lien or encumbrance or establishes the title, as insured, subrogation and shall permit the Company to use the name within a reasonable time after receipt of such notice; (b) in of such insured claimant in any transaction or litigation the event of litigation until there has been a final involving such rights or remedies. If the payment does not determination by a court of competent jurisdiction, and cover the loss of such insured claimant, the Company shall disposition of all appeals therefrom, adverse to the title, as be subrogated to such rights and remedies in the proportion insured, as provided in paragraph 3 hereof; or (c) for which said payment bears to the amount of said loss. If loss liability voluntarily assumed by an insured in settling any should result from any act of such insured claimant, such claim or suit without prior written consent of the Corn- act shall not void this policy, but the Company, in that pang. event, shall be required to pay only that part of any losses insured against hereunder which shall exceed the amount, if 8. REDUCTION OF LIABILITY any, lost to the Company by reason of the impairment of All payments under this policy, except payments made the right of subrogation. for costs, attorneys' fees and expenses, shall reduce the 12. LIABILITY LIMITED TO THIS POLICY amount of the insurance pro tanto. No payment shall be made without producing this policy for endorsement of This instrument together with all endorsements and such payment unless the policy be lost or destroyed, in other instruments, if any, attached hereto by the Company which case proof of such loss or destruction shall be is the entire policy and contract between the insured and furnished to the satisfaction of the Company. the Company. 9. LIABILITY NONCUMULATIVE Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to It is expressly understood that the amount of insurance the estate or interest covered hereby or any action asserting under this policy shall be reduced by any amount the such claim, shall be restricted to the provisions and Company may pay under any policy insuring either (a) a conditions and stipulations of this policy. mortgage shown or referred to in Schedule B hereof which is a lien on the estate or interest covered by this policy, or No amendment of or endorsement to this policy can be (b) a mortgage hereafter executed by an insured which is a made except by writing endorsed hereon or attached hereto charge or lien on the estate or interest described or referred signed by either the President, a Vice President, the to in Schedule A, and the amount so paid shall be deemed a Secretary, an Assistant Secretary, or validating officer or payment under this policy. The Company shall have the authorized signatory of the Company. option to apply to the payment of any such mortgages any 13. NOTICES, WHERE SENT amount that otherwise would be payable hereunder to the All notices required to be given the Company and any insured owner of the estate or interest covered by this policy and the amount so paid shall be deemed a payment statement in writing required to be furnished the Company shall be addressed to it at its main office, P. 0. Box 2029, under this policy to said insured owner. Houston, Texas 77252. 10. APPORTIONMENT 14. The premium specified in Schedule A is the entire. If the land described in Schedule A consists of two or charge for acceptance of risk. It includes charges for more parcels which are not used as a single site, and a loss is title search and examination if same is customary or established affecting one or more of said parcels but not all, required to be shown in the state in which the policy is the loss shall be computed and settled on a pro rata basis as issued. Valid Only If Schedules A and B are Attached. S E \V.S. 1Z r1' rig I 'I' 1. I 1 ALTA OWNER'S POLICY — Amended 10/17/71 ..,, PD LMP SCHEDULEA Order No.: 14881 Policy No.: 0 9902 145771 Date of Policy:Harch 17, 1987 At 3:41 PM Amount of Insurance: $ 389,000.00 1. Name of Insured: EMERSON, LTD. • 2. The estate or interest in the land described herein and which is covered by this policy is: FCE SIMPLE 3. The estate or interest referred to herein is at Date of Policy vested in: EMERSON, LTD. 4. The land referred to in this policy is described as follows: Lots A and B. Block 29 CITY AND TOMNSITE OF ASPEN County of Pitkin State of Colorado Stewart Title of Aspen, Inc. 602 E. Hyman Aspen, Co 81611 303- 925 -3577 f/ AUTHORIZED COUNTERSIGNATURE STEWART TITLE r. GUARANTY COMPANY -- ORDr12 No.: 14881 SCHEDULE B Policy No.: 0 9902 145771 This policy does not insure against loss or damage by reason of the following: 1. Rights or claims of parties in possession not shown by the public records. _: 2.= Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Any and all unpaid taxes and assessments and any unredeemed tax sales. 6. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 7. Exceptions and Mineral Reservations as contained in Patent to Aspen Townsite recorded March 1, 1897 in Book 139 at Page 216 as Reception No. 60156. NI ( STEWART TITLE 1613(20M3 -85) Page3 GUARANTY COMPANY • • caNslg • i a2 .L Ya • • .S 2H1 01 • ?$ rod %At 110 \ 5 NMo$71 - ZO `�`� La) no 2Nti Z7SfQ ON rypI•'" IN M 01-I S Eno t/ o.D a 11 F! ` rv029 2HL > 11101 Si ,Y2 n o it 3 h •M Aanan5 onno� ) ; '? r r2Vrvn phi. V O /• O ' c.' >7, h °v d - • w , / I 9 M ryo 6 0 0 5 w ,7').? II: / f/ �. w / 41/ ---.. 1M5 v /0 9t t2 92 CPI r OQb v o .00 Snail J 11 / 4 '4 N ti ,e7 j j z�� 21 ;r ce N 4 • i q s .• •c e nl \ s in loH • f -- (� • 6 '2/ ) �' . •� �. . " ' , • A is • 1 al - ` r - N • i Q�l m v .\ �d ze • s \ / '' a $ • /o c . 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