HomeMy WebLinkAboutcoa.lu.sm.Flanigan 1020 E Hyman.41A-87 .0 • 1
CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: /D /d3/87 Z P EL ID' / AND CASE NO.
DATE COMPLETE: O? 7 / '/ / /H -00/ 4M
STAFF MEMBER: 5 4A- -c •
PROJECT NAME &4 iz Oldie 4 Ai4 / .
• .I live �1 4
Project Address: L._
APPLICANT: Al I.P. 3 / /2 / ( 9l.(It
Applicant Address:
REPRESENTATIVE: - A i/ /A i.J, ] 19 a .
Representative Address/P 1 n�� �� E Bar.I (/
S -•; 61 2
TYPE OF APPLICATION:
PAID: CO, NO AMOUNT: `/ //
g , a �
1 STEP APPLICATION:
MEETING DATE: � '' ' C
c 1 PUBLIC HEARING: YES
/
DATE REFERRED: lO�q -1 % y INITIALS: /
2 STEP APPLICATION:
CC MEETING DATE: PUBLIC HEARING: YES NO
DATE REFERRED: INITIALS:
REFERRALS:
City Attorney Mtn. Bell School District
City Engineer Parks Dept. Rocky Mtn Nat Gas
Housing Dir. Holy Cross State Hwy Dept(GW)
Aspen Water Fire Marshall State Hwy Dept(GJ)
City Electric Fire Chief '7 B1dg:Zon Inspect
Envir. Hlth. Roaring Fork Roaring Fork
Aspen Consol. Transit Energy Center
S.D. Other
FINAL ROUTING: DATE ROUTED: -, "4,0 INITIAL: I c-----
City Atty City Engineer ✓ Bldg. Dept.
Other:
FILE STATUS AND LOCATION: i f(Ld
1
ASPEN /PITRIN PLANNING OFFICE
130 S. Galena Street
Aspen, CO 81611
(303) 925-2020
Date:
\-A,N tin
Q nn.Nw.A -asy,, Co `vo4, -•(
RE: Pk -`• .. Sk■ea ,,.,,,,.�,h
Dear 'A9^ Zeo.\■
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.
Additional items required include:
Disclosure of Ownership (one copy only needed)
. Adjacent Property Owners List /Envelopes /Postage (one copy)
Additional copies of entire application
Authorization by owner f representative to submit ¢ applic` - y`tt
don L $ a K... 4 1. ....... A s -. Aep. y°a,}uWa
d esp ot S tn. l st of Q° ^� P
Response to list of items (attached /below) demonstrating il,.
compliance with the applicable policies and regulations of the
Code, or other specific materials
A check in the amount of $
A. Your applicati n is complete and we have scheduled it for
review by the c'•+
on N • C We will
call you if we need any additional information prior to that
date. Several days prior to your hearing, we will call and
make available a copy of the memorandum.. Please note that it
IS NOT your responsibility to post your property with a
sign, which we can provide you for a $3.00 fee-
B. Your application is incomplete, we have not scheduled it
review at this time. When we receive the materials we have
requested, we will place you on the next available agenda.
If you have any questions, please call S
the planner assigned to your case -
Sincerely,
ASPEN /PITRIN PLANNING OFFICE
2 v, r
CASE DISPOSITION
FLANIGAN STREAM MARGIN REVIEW
On November 17, 1987 the Planning and Zoning Commission approved
the Flanigan Stream Margin Review subject to the following
condition:
1. Construction techniques shall be specified in the
Building Permit application to ensure to the satis-
faction of the Building Department that stream pollu-
tion will be minimized and no erosion or grade change
in the stream bank will result.
flanigan.2
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Steve Burstein, Planning Office
RE: Flanigan Stream Margin Review
DATE: November 11, 1987
LOCATION: 1020 East Hyman Avenue, Lot 1, Molny Eubank Subdivi-
sion, Units 1 and 2 of the Molny Condominiums, City of Aspen,
Colorado.
ZONING: Residential - Multi- family.
APPLICANT'S REQUEST: Micki Flanigan, owner of the property,
requests stream margin review in order to add several additions
to the first and second levels of the structure.
PROBLEM DISCUSSION:
A. Referral Comments:
Engineering Department: Jim Gibbard stated in a November 6,
1987 memorandum that:
1. The applicant should specify the construction proce-
dure demonstrating that an effort will be made to
reduce stream pollution and prevent any erosion or
grade change in the stream bank; and
2. The footprint of the proposed structure on the submit-
ted site plan appears to project into the 100 year
floodplain but the actual structure only overhangs over
the floodplain boundary. Since this is the case, the
review criteria which pertain specifically to develop-
ment within the special flood hazard area do not apply.
B. Planning Office Comments: Section 24- 6.3(e) of the Municipal
Code establishes review criteria for stream margin review,
listed below and used to evaluate the application. We do
note for the applicant's information that this property has
been condominiumized, and it may be in the owner's interest
to amend the condominium plat according to the new altera-
tions. A plat amendment would require approval by City
Council and can be done either before or after construction.
1. Criteria: No development shall occur within a special floor
hazard area unless it can be demonstrated that there will be
no increase in base flood elevation as a result of the
development, as shown by an elevation certificate prepared
by a professional engineer registered to practice in the
State of Colorado.
Response: The proposed new development is entirely above the
"garden level ", which is within the 100 year floodplain.
Consequently there will be no increase in base flood
elevation.
2. Criteria: In the event there is a trail designated by an
approved trail plan within the development site, such trail
shall be dedicated for public use.
Response: No trail has been identified in the Aspen Area
comprehensive Plan: Parks /Recreation /Open Space /Trails
Element. However, a 10' wide trail easement along the bank
of the Roaring Fork River was dedicated as part of the
Molny /Eubank Subdivision approved in 1980. The proposed
development has no affect on that trail easement as it
occurs approximately fifteen feet away from the trail
easement.
3. Criteria: All attempts should be made to implement the
recommendations of the Roaring Fork Greenway Plan prepared
by the Roaring Fork Greenway Committee.
Response: The recommendations of the Roaring Fork Greenway
Plan to protect the natural environment of flood plains and
adjacent areas should not be affected by the proposed
expansion. The applicant has stated no existing vegetation
will be removed or disturbed.
4. Criteria: Vegetation shall not be removed nor any slope
grade changes made that may produce erosion of the stream
bank.
Response: No vegetation along the stream bank will be
removed as part of this project. The Engineering Depart-
ment's suggestion that construction procedures be specified
demonstrating no erosion or grade change in the stream bank
should be followed.
5. Criteria: All efforts shall be made to reduce pollution and
interference with the natural changes of the river, stream
or other water course, and to enhance the value thereof an
important natural feature.
Response: No interference with the course of the river will
result from this project.
6. Criteria: Written notice shall be given to the Colorado
Water Conservation Board prior to any alteration or reloca-
2
tion of the water course, and a copy of said notice shall be
submitted to the Federal Emergency Management Agency.
Response: This criteria does not apply.
7. Criteria: In the event a water course shall be altered or
relocated, the applicant and applicant's heirs, successors
and assigns shall provide maintenance to assure that the
flood carrying capacity is not diminished.
Response: This criteria does not apply.
8. Criteria: Copies shall be submitted of all necessary federal
and state permits relating to work within the one hundred
year floodplain.
Response: No construction is within the one hundred year
floodplain; therefore, this criteria does not apply.
PLANNING OFFICE RECOMMENDATION: The Planning Office recommends
approval of the Flanigan Stream Margin Review subject to the
following condition:
1. Construction techniques shall be specified in the
Building Permit application to ensure to the satis-
faction of the Building Department that stream pollu-
tion will be minimized and no erosion or grade change
in the stream bank will result.
flanigan
3
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OCT 231987
Lit
Katheryn L. Zed), AIA L..
Architect
22 October 1987
Mr. Steve Burstein
Aspen /Pitkin Planning Department
130 South Galena Street
Aspen, CO 81611
RE: Flanigan Residence Remodel
1020 East Hyman Avenue
Dear Steve:
I am submitting herewith the required drawings for
a Stream Margin Review for the above project. Included
in this submittal (per our Pre - application Conference
of 11 September 1987) are:
1. Proof of Ownership of the property
2. Four set of prints, including a certified
survey of the property, the proposed floor
plans and proposed elevations.
3. A check for the review fees, per the Pre - application
conference.
The present zoning of the residence at 1020 East Hyman
Avenue is R /MF; the approximate lot size is 6,265 SF; the
legal description of the property is: Lot 1, Molny- Eubank
Subdivision, City of Aspen, Pitkin County, Colorado. The
current building on the site has two living units:
Garden level, 2 bedroom unit: 1,019 SF
First & Second Level, 3 bedroom unit 1,545 SF
We propose to add an additional 240 SF outside the existing
building perimeter. All additions will be to the first and
second levels; the garden level footprint will remain
unchanged.
All windows and skylights, both new and existing, will be
glazed with Low -e glass for improved thermal performance.
The insulation will meet current codes, as required.
The complete structure of the building is being analyzed
111 Pine Street P.O. Box 2103
Breckenridge, CO 80424
303.453 2083
Mr. Steve Burstein
Flanigan Residence Remodel
Stream Margin Review Application
22 October 1987
Page Two
for compliance with current codes.
No new construction will infringe upon the 100 -year
flood zone, nor will the stream bank be changed. No
existing vegetation will be removed or disturbed.
Please notify me of the date the Planning Commission will
review the project, as I will attend on the Owner's behalf.
Feel free to contact me should you require any clarifications
or further information.
Thank You.
Sincerely,
4
-- Kathieryn L Zeeb, WA
Attachments
cc: Vickie Flanigan
KLZ /tla
p..
Y 1
MEMORANDUM
TO: Steve Burstein, Planning Office
FROM: Jim Gibbard, Engineering Department 7"
DATE: November 6, 1987
RE: Flanigan Stream Margin Review
Having reviewed the above application and made a site inspection,
the Engineering Department has the following comments:
1. The submitted application should include construction proce-
dure that will be used. This procedure should demonstrate that
an effort will be made to reduce stream pollution and prevent any
erosion or grade change in the stream bank.
2. The footprint of the proposed structure on the submitted site
plan appears to project into the 100 year floodplain but the
actual structure only overhangs over the floodplain boundary.
Since this is the case, the review criteria which pertain
specifically to development within the special flood hazard area
do not apply.
jg /flnstmrg
cc: Chuck Roth
MEMORANDUM
TO: Planning Staff
Mark Fuller, Assistant County Manager
Jeanette Jones, Deputy County Clerk
Kathryn Koch, City Clerk
FROM: Nancy Caeti, Planning Office
RE: CC Meeting for Nov. 23
BOCC Meeting for Nov. 24
APZ Work Session for Nov. 24
DATE: November 11, 1987
CC MEETING (Due Nov. 18 by 5:00)
Woods -Hall Subdivision Exception (CH)
Marshall Lot Split (GH)
Amato Appeal of HPC Score (SB)
215 W. Hallam Historic Designation - 1st Reading (SB)
Ord. #47, GMQS Code Amendment (AR)
BOCC MEETING (Due Nov. 19 by 11:00)
Clasen Guest House Special Review (CH)
Rudolph Lot Split (CH) To be tabled
Roaring Fork Railroad GMP and Rezoning (CH,TB) Probably to be
tabled
Williams Lot Split Reso. (GH)
Ashcroft Rezoning - Cont'd. PH (GH)
Starwood Ranch Final Plat (FK)
Aspen Valley Hospital Assisted Living Center GMP Exemption and
Special Review Reso. (FK)
Oden Lot Split Reso. (FK)
APZ WORK SESSION
Annexation Plan Element (GH)
MEMORANDUM
TO: City Attorney
City Engineer
Zoning Official
FROM: Steve Burstein, Planning Office
RE: Flanigan Stream Margin Review
Parcel ID# 2737- 181 -14 -001
DATE: October 29, 1987
Attached for your review and comments is an application submitted
by Katheryn Zeeb on behalf of her client, Mickie Flanigan
requesting Stream Margin Review to add an additional 240 square
feet outside the existing building perimeter which consists 6,265
square feet. The property is Lot 1, Molny- Eubank Subdivision,
located at 1020 E. Hyman and is zoned RMF.
Please review this material and send your comments to this office
no later than November 9, 1987 so this office has adequate time
to prepare for its presentation before P &Z.
Thank you.
1
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KathEryn L. Zed), AIA NOV '
ArchitEct __ ---- .
...............
6 November 1987
Mr. Steve Burstein
Aspen /Pitkin Planning Department
130 South Galena Street
Aspen, CO 81611
Re: Flanigan Residence Remodel
1020 East Hyman Avenue
Dear Steve:
I am enclosing the letter of authorization from Mickie
Flanigan for me to represent her on matters dealing with
her residence in Aspen. If you require anything further
prior to the review by the Town, please let me know.
Sincerely,
__ atit/ el
Kat eryn L Zeeb,VA
Enclosure
cc: Mickie Flanigan, w/o encl.
KLZ /tla
111 Pin€ Street P.O. Box 2103
Breckenridge, CO 80424
303.453 2083
NOV 4
KathEryn L. Zeeb, AIA
Architect
2 November 1987
Mr. Steve Burstein
Aspen /Pitkin Planning Department
130 South Galena Street
Aspen, CO 81611
Re: Flanigan Residence Remodel
1020 East Hyman Avenue
Dear Steve:
I am in receipt of the 10 -27 -87 memo from your office
requesting an authorization by the Owner for a representative
to submit the application. I have requested said letter
from the Owner and will forward it to your office as soon
as I receive it.
I am enclosing some additional information I thought might
be helpful in the review process. If further information
is required, please let me know.
Sincerely,
KatLryn L2 Zeeb IA
Enclosures
cc: Mickie Flanigan
KLZ /tla
111 Pine Street PO. Box 2103
Breckenridge, CO 80424
303 453 2083
fir
Katheryn L. Zeeb, AIA
Architect
Flanigan Residence Remodel
1020 East Hyman Avenue
Area and Bulk Requirements
1. Minimum Lot Area: 2 BR Unit 2.100 SF
3 BR Unit 3,630
Total Minimum Lot Size: 5,730 SF
Existing Lot Area: 6,265 SF
2. Allowable Floor Area: 2,700 SF + 30 SF of floor area
for each 100 SF of Lot size over 3,001 SF
6,265 - 3,001 = 3,264 SF / 100 = 32.64 x 30 =
979.2 SF + 2,700 = 3,679.2 SF Allowable
Existing Floor Area: 1 -2 BR Unit 1,019.01 SF
1 -3 BR Unit 1,820.71
Total Existing Floor Area: 2,839.72 SF
Glazing Area Calculations
1. Glass Area As Shown on DD Drawings:
North 127.42 SF
East 154.89
South 258.21
West 31.82
Total Glass Area 572.34 SF
Less South Facing 258.21
Total Glass Area 314.13 SF
Allowable Glass Area: Total Floor Area x 12.5%
2,839.72 x .125 = 354.97 SF Allowable
Total glazed area less than allowable glazed area.
111 Pine Street P.O. Box 2103
Breckenridge, CO 80424
303'453'2083
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. COMMIT NIENT: : 0 I U,.1,, s 1.lhInY
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M Al M [kil
lawyers Title Insurance Corporation
National Headquarters
Richmond, Virginia
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
1 Effective Date April 14, 1987 at 8:00 A.M. Cm.o No.__P0Tr4jZ $'Z
2 Policy or policies to be issued:
(a) Amount s- _56,000_00 - PRE, 1IUM- $555.00
Lfl ALTA Owner's Policy —Form B -1970 (Rev. 10 -17 -70 & Rev. 10- 17.84)
0 ALTA Residential Title Insurance Policy -1979
Proposed insured:
IJICKIE FLANIGAN and /or assigns
(b) ALTA Loan Policy, 1970 (Rev. 10 -17 -70 & Rev. 10- 17 -84) Amount S 124, 800.00- PREMIUM -$ 50.00
Proposed insured:
TO BE DETERMINED
(c) Amount s_
Proposed insured. TAX CERTIFICATE $ 5.00
p EIiPORS12TNT 100 $ 20.00
ENDORSE \ENT 100.29 $ 50.08
3. Title to the fee simple estate or interest in the land
described or referred to in this Commitment is at the effective date hereof vested in:
ROBIN MOLNY
•
4. The land referred to in this Commitment is described as follows:
CONDOMINIUM UNIT 1, MOLNY CONDOMINIUIMIS,
according to the Condominium Map thereof filed for record in Plat
Book 17 at Page 57, and as further defined and described in the
Condominium Declaration for the MOLNY CONDOMINIUMS, recorded
April 12, 1985 in Book 484 at Page 588.
LINTY OF PITKIN, STATE OF COLORADO PItkln 801 E. Hopkins County Title, Inc.
Aspen, Colorado 81611
• ntersl• ed at As D orado Commitment No. PE-22537q
Schedule A —Page 1
� �_• This commitment is invalid unless
Authorized • ieer •r Agent the Insuring Provisions and Sched-
r„r,t, Nn nl.aa ISCH. Al ales A and B are attached.
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ja ury ers Title Insurance Corporation
National Headquarters
Richmond, Virginia
SCHEDULE 8—Section 1
Requirements
The following are the requirements to be complied with
Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest
to be insured.
Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record,
to wlt.
(1) Release by the Public Trustee of the County of Pitkin of:
Deed of Trust from : ROBIN MOLNY
for the use of : FIRST WESTERN MORTGAGE CORPORATION OF TEXAS
to secure : $75,000.00
dated : March 12, 1975
recorded : March 13, 1975 in Book 297 at Page 64
reception no. : 173659
Assignment of the above Deed of Trust to FORT WORTH MORTGAGE CORPORATION,
by instrument recorded March 13, 1975 in Book 297 at Page 71, and further
assigned to CAIRTERET SAVINGS AND LOAN ASSOCIATIONS, F.A., MORRISTOWN, N.J.
by instrument recorded January 10, 1983 in Book 43 at Page 606.
(2) Release by the Public Trustee of the County of Pitkin of:
Deed of Trust from : ROBIN MOLNY
for the use of : FIRST NATIONAL BANK OF ASPEN
to secure : $35,024.00
dated : August 28, 1985
recorded : September 28, 1985 in Book 495 at Page 618
reception no. : 271649
(3) Deed from : ROBIN MOLNY
to : MICKIE FLANIGAN and /or assigns
NOTE: If the proposed insured is other than MICKIE FLANIGAN, Pitkin County
Title Inc., must be notified and additional requirements and /or requirements
may be added.
(4) Deed of Trust from : MICKIE FLANIGAN
to the Public Trustee of the County of Pitkin
for the use of : TBD
to secure : $124,800.00
(5) Certificate from the Condominium Association evidencing the fact that all
fees and expenses currently due and payable have boon paid in full and are
not delinquent.
(6) Evidence satisfactory to the Company that the Real Estate Transfer Tax as
established by Orcinance No. 20 (Series of 1979) has been paid or exempted.
- (7) Certificate of Nonforeign Status, signed by ROBIN MOLNY.
This commitment is invalid unless BE- 225378
the Insuring Provisions and Sched- Schedule 6- Section 1 -Page 1 •Commitment No.
ules A and B are attached.
Forrn No_ 91.88 18:1)
Iuryers Title Insurance Corporation
NATIONAL HEADQUARTERS
RICHMOND. VIRGINIA
SCHEDULE B— Section 2
Exceptions
The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to
the satisfaction of the Company:
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 oreo, encroachments, and any focts which
n correct survey and inspection of the premises would disclose and which ore not shown by the
public records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, im•
posed by low and not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in
the public records or attaching subsequent to the effective dote hereof but prior to the dote the
proposed insured acquires of record for value the estate or interest or mortgage (hereon covered
by this Commitment.
6. Taxes due and payable; and any tax, special assessments, charge or lien
imposed for water or sewer service, or for any other special taxing
district.
7. Fecervations and exceptions as contained in United States Patent
recorded August 29, 1958 in Book 185 at Page 69 as follows: right
of way for ditches or canals constructed by the authority of the
United States.
8. reservations and exceptions as contained in United States Patent
recorded June 17, 1949 in Book 175 at Page 24() as follows: That should
any vein or lode oC quartz or other rock in place bearing gold, silver,
ci.nnabnr, lead, tin, copper, or other valuable deposits, be claimed or
known to exist within the above - described premises on the twenty -third
day of March, 1885, the same is expressly excepted and excluded from
these presents; and the right of the proprietor of a vein or lode to
extract and remove his ore therefrom, should the same be found to
penetrate or intersect the .premises.
9. Terms, conditions, obligations and provisions of GRANTING EXEMPTION FROM
SUBDIVISION REGULATIONS PURSUANT TO SECTION 20 -10 (b) as set forth
in instrtunent recorded April 9, 1974 in Book 285 at Page 822.
10. Terms, conditions, obligations, and provision:: or GRANT OF EASEidENT5
[I :: set, forth in instrument recorded April 22, 1974 In Book 286 at Page
?n,'„ nrnr recorded June 10, 1974 in fool: 28R aL Page 144„ and MOENDED
0i :,N'I' OF TIU i r, EASEMENT recorded December 19, .19tt 3 in Book 457 at Page
42. NON(!;
Exceptions nu mbered ore hereby omitted. • • •Continued.. .
The Owner's rohcy to be issued, if ony, shall contain the following items in addition to the ones set forth above:
(11 The Deed of (rust, if any, required under Schedule B.-Section 1, Item (b).
(2) Unpotcnted raining claims; reservations or exceptions in patents or in Acts authorizing issuance
thereof; water rights, claims or title 10 water.
(3) Any and all unpaid loxes, assessments and unredeemed tax soles.
Schedule B — Section 2 —Page 1 —No.
F nm, 9I 88 02 Rocky MI.
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Layers Title Insurance Corporation
NATIONAL HEADQUARTERS
RICHMOND. VIRGINIA
SCHEDULE_ 13-2 contd.
11.. Terms, conditions, obligations, and provisions of MOLNY - EUBANK
SUBDIVISION EXCEPTION AGREEMENT as set forth in instrument recorded
February 23, 1981 in Book 404 at Page 682.
12. Easement, and rights of way as shown on the recorded plat of the
subject property, recorded February 23, 1981 in Plat Book 11 at
Page 13, and on Condominium Map recorded in Plat Book 17 at Page
57.
13. i.ncroaclunent of Wood SIDE WALK as shown on Condominiun Map recorded
in Pint Book 17 at Page 57.
14. Terms, conditions, obligations, and provisions of CONDOMINIUM DECLARATION
FOR MOLi!Y CONDOMINIUM as set forth in instrument recorded April 12, 1985
in Book 484 at Page 588.
Schedule B -2 Page 2 No.
mS ,.pu99. I■.NI 2
lawyers Title Insurance Corporation
National Headquarters
Richmond. Virginia
COMMITMENT FOR TITLE INSURANCE
LAWYERS TITLE INSURANCE CORPORATION, a Virginia corporation, herein called the Company, for valuable
consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor oh the
proposed Insured named in Schedule A, as owner or mortgagee of the estate nr interest covered hereby in the land
described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions
of Schedules A and B and to the Conditions and Stipulations hereof.
This Commitment shall be effective only when the identity of the proposed Inn.ured and the amount of the policy or
policies committed for have been inserted in Schedule A hereof by the Company, (thm at the time of the issuance of this
Commitment or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of Inc insurance and all liability and
obligations hereunder shall cease and terminate six 16) months after the ellectrv,: date hereof or when the policy ur
policies committed for shall issue, whichever first occurs, provided that the failure to such policy or policies is not the
fault of the Company. This Commitment shall not be valid or binding until countersigned by an authorized officer or agent.
IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to become valid when
countersigned by an authorized officer or agent of the Company, all in accordance with its By -Laws. This Commitment is
effective as of the date shown in Schedule A as "Effective Date."
CONDITIONS AND STIPULATIONS
1. The term "mortgage," when used herein, shall include deed of trust, trust deed, or other security instrument.
2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other
matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in
Schedule B hereof, and shall fail todisclose such knowledge to the Company in writing, the Company shall be relieved
from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced
• by failure to so disclose such knowledge. If the proposed Insured shall discloss such knowledge to the Company, or if
the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other
matter, the Company at its option may amend Schedule 3 of this Commitment accordingly, but such amendment shall
not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and
Stipulations.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties
included under the definition of Insured in the form of policy or policies committed for and only for actual loss
incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or lb) to eliminate
exceptions shown in Schedule B, or(c) to acquire or create the estate or interest or mortgage thereon covered by this
Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies
committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the
Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are
hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein.
4. Any action or actions or rights of action that the proposed Insured ntay have or may bring against the Company
arising out of the status of the title to the estate or interest or the status ul 1110 mortgage thereon covered by this
Commitment must be based on and are subject to the provisions of this Commitment.
lawyers Title Insu a Corporation
President
Attest: Q
Secretary.
9090 990 1 4C0
113A03 1W AAOOH 88 16
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Luyers `Title Insurance Corporation
National Headquarters
Richmond, Virginia
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
1. Effective Date April 13. 1987 at 8:00 A.M. Case No._ PCT- 415 -87
2 Policy or policies to be issued:
(a) Amounts 259 000. PRFMTUM- $735
gl ALTA Owner's Policy —Form 8 (Rev. 10-17-70 & Rev. 10- 17 -84)
0 ALTA Residential Title Insurance Policy -1979
Proposed insured:
MICKIE FLANIGAN and /or assigns
(b) ALTA Loan Policy, 1970 (Rev. 10 -17 -70 & Rev. 10- 17 -84) Amou S 233 r 1QQ..00- PRFI.ILUM -$ 50.00
Proposed insured:
TO BE DETERMINED
(c) Amount $
Proposed insured TAX CERTIFICATE $ 5.00
ENDORSEMENT 100 $ 20.00
ENDORSEMENT 100.29 $ 69.15
E{DORSEc1ENT 103.1 $ 20.00
3. Title to the fee simple estate or interest in the land
described or referred to in this Commitment is at the effective date hereof vested in:
ROBIN MOLNY
4. The land referred to in this Commitment is described as follows:
CONDOMINIUM UNIT 2, MOLNY CONDOMINIUMS,
according to the Condominium Map thereof filed for record in Plat
Look 17 at Page 57, and as further defined and described in the
Condominium Declaration for the MOLNY CONDOMINIUMS, recorded
April 12, 1985 in Book 484 at Page 588.
COUNTY OF ['ITKIN, STATE OF COLORADO Pitkin County Title, Inc.
601 E. Hopkins
Aspen, Colorado 81611
• ersigned . t_ fD& Nrado Commitment No. RF. 225379
Schedule A —Page 1
This commitment is invalid unless
Auth.•tfficer or • gent the Insuring Provisions and Sched-
ules A and R are attached.
lawyers Title Insurance Corporation
Notional Houdouarture
Richmond, Virginia
SCHEDULE B— Section 1
Requirements
The following are the requirements to be complied with:
Item (al Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest
to be insured
Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record.
to -wit.
(1) Release by the Public Trustee of the County of Pitkin oC:
Deed of Trust from : ROBIN MOLNY
for the use of : FIRST WESTERN MORTGAGE CC'.iP0RATI0N OF TEXAS
to secure : $75,000.00
dated : March 12, 1975
recorded : March 13, 1975 in Book 297 at Page 64
reception no. : 173659
Assignment of the above Deed of Trust to FORT WORTH MORTGAGE CORPORATION,
by instrument recorded March 13, 1975 in Book 297 at Page 71, and
further assigned to CARTERET SAVINGS AND LOAN ASSOCIATIONS, F.A.,
MORRISTOWN, N.J. by instrument recorded January 10, 1983 in Book 43
at Page 606.
(2) Release by the Public Trustee of the County of Pitkin of:
Deed of Trust from : ROBIN MOLNY
for the use of : FIRST NATIONAL BANK IN ASPEN
to secure : $35,024.00
dated : August 28, 1985
recorded : September 24, 1985 in Book 495 at Page 618
reception no. : 271649
(3) Deed from : ROBIN MOLNY
to : MICKIE FLANIGAN and /or assigns
NOTE: If the proposed insured it other than MICKIE FLANIGAN, Pitkin County
Title, Inc., must be notified and additional requirements and /or exceptions
may be added.
•
(4) Deed of Trust from : MICKIE FLANIGAN
to the Public Trustee of the County of Pitkin
• for the use of : TBD
to secure : $233,100.0
(5) Certificate from the Condominium Association evidencing the fact that all
fees and expenses currently due and payable have been paid in full and
are not delinquent.
(6) Evidence satisfactory to the Company that the Real Estate Transfer Tax as
established by Ordinance No. 20 (Series of 1979) has been paid or exempted.
(7) Certificate of Nonforeign Status, signed by ROBIN LDLNY.
This commitment is invalid unless
the Insuring Provisions and Sched Schedule 6-Section 1 -Page 1-Commitment No. BE- 225379
ules A and B are attached.
Form No. 91 -88 9e -11 �. •.; _...„
rs
lawyers Title Insurance Corporation
NATIONAL HEADQUARTERS
RICHMOND, VIRGINIA
SCHEDULE B— Section 2
Exceptions
The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to
the satisfaction of the Company:
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
o correct survey and inspection of the premises would disclose and which ore not shown by the
public records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, im-
posed by low and not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in
the public records or attaching subsequent to the effective dote hereof but prior to the dote the
proposed insured acquires of record for value the estate or interest or mortgage thereon covered
by this Commitment.
6. Taxes due and payable; and any tax, special assessments, charge or lien
imposed for water or sewer service, or for any other special taxing
district.
7. Reservations and exceptions as contained in United States Patent
recorded August 29, 1958 in Book 185 at Page 69 as follows: right
of way for ditches or canals constructed by the authority of the
United States.
8. Reservations and exceptions as contained in United States Patent
recorded June 17, 1949 in Book 175 at Page 246 as follows: That should
any vein or lode of quartz or other rock in place bearing gold, silver,
cinnabar, lead, tin, copper, or other valuable deposits, be claimed or
known to exist within the above - described premises on the twenty -third
day of March, 1885, the same is expressly excepted and excluded from
these presents; and the right of the proprietor of a vein or lode to
extract and remove his ore therefrom, should the same be found to
penetrate or intersect the premises.
9. Terms, conditions, obligations and provisions o: GRANTING EXEMPTION FROM
SUBDIVISION REGULATIONS PURSUANT TO SECTION 20 -10 (b) as set forth
in instrument recorded April 9, 1974 in Book 285 at Page 822.
10. Terms, conditions, obligations, and provisions of GRANT OF EASEMENTS
as set forth in instrument recorded April 2.2, 1974 in Book 286 at Page
304, and recorded June 10, 1974 in Book 288 at !age 1/1,, and AMENDED
GRANT OF TRAIL EASN1ENT recorded December 19, 1983 in Book 457 at Page
542. are hereby omitted. • • • • ••Continued. , .
Except num Y
The Owner's Policy to be issued, if any, shall contain the following items in addition to the ones set forth above:
(1) The Deed of Trust, if any, required under Schedule B— Section 1, Item (b).
(2) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing issuance
thereof; water rights, claims or title to water.
(3) Any and all unpaid taxes, assessments and unredeemed tax sales.
Schedule B — Section 2 —Page 1 —No.
Form 91 -88 82 Rocky Mt.
noo
lawyers Title Insurance Corporation
NATIONAL HEADQUARTERS
RICHMOND. VIRGINIA
SCHEDULE B -2 cont'd.
11. Terms, conditions, obligations, and provisions of MOLNY- EUBANK
SUBDIVISION EXCEPTION AGREEMENT as set forth in instrument recorded
February 23, 1981 in Book 404 at Page 682.
12. Easements and rights of way as shown on the recorded plat of the
subject property, recorded February 23, 1981 in Plat Book 11 at
Page 13, and on Condominium Map recorded in Plat Book 17 at Page
57.
13. Encroachment of Wood SIDE WALK as shown on Condominium Map recorded
in Plat Book 17 at Page 57.
14. Terms, conditions, obligations, and provisions. of CONDOMINIUM DECLARATION
FOR MOI.NY CONDOMINIUM as set forth in instrument recorded April 12, 1985
in Book 484 at Page 588.
Schedule R -2 Page 2 No.
035- 1.999.0940'
•
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LewyeeQ Title Insurance Corpoti Lion
National Headquarters
Richmond. Virginia
COMMITMENT FOR TITLE INSURANCE
LAWYERS TITLE INSURANCE CORPORATION, a Virginia corporation. herein called the Company, for valuable
consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the
proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land
described or referred to in Schedule A, upon payment of the premiums and charger: therefor; all subject to the provisions
of Schedules A and B and to the Conditions and Stipulations hereof.
This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or
policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this
Commitment or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and
obligations hereunder shall cease and terminate six (6) months after the effective date hereof or when the policy or
policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the
fault of the Cornpany. This Commitment shall not be valid or binding until countersigned by an authorized officer or agent.
IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to become valid when
countersigned by an authorized officer or agent of the Company, all in accordance with its By-Laws. This Commitment is
effective as of the date shown in Schedule A as "Effective Date."
CONDITIONS AND STIPULATIONS
1. The term "mortgage," when used herein, shall include deed of trust, trust deed, or other security instrument.
2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other
matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in
Schedule B hereof, and shall fail todisclose such knowledge to the Company in writing, the Company shall be relieved
from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced
by failure to so disclose such knowledge. 11 the proposed Insured shall disclose such knowledge to the Company, or it
the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other
matter. the Company at its option mayamend Schedule B of this Commitment accordingly. but such amendment shall
not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and
Stipulations.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties
included under the definition of Insured in the form of policy or policies committed for and only for actual loss
incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or(b) to eliminate
exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this
Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies
committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the
Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are
hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein.
4. Any action or actions or rights of action that the proposed Insured may have or may bring ag, inst the Company
arising out of the status of the title to the estate or interest or the status el ;he mou gage thereon covered by this
Commitment must be based on and are subject to the provisions of t
his C mnmiunent.
lawyers Title Ins a Corporation
President
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• Secretary.
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PRE - APPLICATION CONFERENCE SUMMARY
PROJECT:
FI�,Ill g 3 �1a, i&ieJ ll 9�
APPLICANT'S REPRESENTATIVE: Kfr1ker 'tnb
REPRESENTATIVE'S PHONE: H Y , - 033
OWNERS NAME: 1 k.q r lAr j oin
SUMMARY
1. Type of Application:
2. Describe action /type of development being requested:
D9,D L �-I �MJn — Z clo k (�' b h f w)i : JpA eobvi,,
3. Areas in which Applicant has been requested to respond, types of
reports requested:
Policy Area/
Referral Agent Comments
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4. Review is: (P&Z Onl (CC /BOCC Only) (P&Zthen to CC /BOCC)
5. Public Hearing: (YES) (N
6. Did you tell a p cant to submit list of ADJAC - .s PROPERTY //6514Y
OWNERS? (YES) ((NO) Disclosure of Ownership: VIII :(NO) ?"
7. What fee was applicant requested to submit: 31713 - q 5 &
' 3D 41575- Y 1
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8. Anticipated date of submission: ettP4 rdli )
9. COMMENTS /UNIQUE CONCERNS: ##
ecP 4 £ % 9Jah Wr - He h Ititc)f
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