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HomeMy WebLinkAboutLand Use Case.CU.793 Cemetery Ln.29A-89a w. y ` CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 4/12/89 DATE COMPLETE' ~\~+.~\$9 PARCEL ID AND CASE NO. 2735-122-80-001 2735-122-80-002 29A-89 STAFF MEMBER' ~-~-5 ~g PROJECT NAME: Goldsmith Conditional Use Review for Accessory Dwelling Units Project Address: 793/795 Cemetarv Lane Legal Address: IInits 1 and 2 Golden Condominiums APPLICANT: Hen & Ellen Goldsmith Applicant Address: 793 Cemetarv Lane REPRESENTATIVE: Frank & Steve Goldsmith Representative Address/Phone: P. O. Box 3126 Aspen CO 81612 5-5251 PAID: YES NO AMOUNT: N/C NO. OF COPIES RECEIVED: 1 TYPE OF APPLICATION: 1 STEP: P&Z Meeting Date ~""^~- ~ PUBLIC HEARING: VESTED RIGHTS: CC Meeting Date PUBLIC HEARING: VESTED RIGHTS: 2 STEP: _ YES NO YES NO YES NO YES NO Planning Director Approval: Paid: Insubstantial Amendment or Exemption: Date: REFERRALS: City Attorney Mtn. Bell School District -T 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 Building Inspector Envir. Hlth. Roaring Fork Other Aspen Consol. Energy Center S D. ~l i DATE REFERRED: S ~ ~~ ~ ~ ~ INITIALS FINAL ROUTING: DATE ROIITED: 7'd') 89 INITIAL:. +ti City Atty '/ City Engineer / Zoning Env. Health / Housing Other' FILE STATUS AND LOCATION: At their June 6, 1989 meeting the Aspen Planning and Zoning Commission approved the conditional use application, for a duplex with one accessory dwelling unit, with the following conditions: 1. The proposed accessory dwelling unit shall: be deed restricted to occupancy by qualified employees in Pitkin County, the deed restriction shall be accepted by the Housing Authority, and recorded with the Clerk and Recorder of Pitkin County, prior to issuance of any building permits; and have a restricted lease to periods of six consecutive months or longer that shall be recorded with the title. 2. A report by an engineer, to be reviewed by the Engineering Department, shall be required to determine that the historic drainage pattern is not altered with new construction. 3. Prior to issuance of a building permit, the applicant shall execute a 4' x 6' utility easement for utility purposes. The easement shall be recorded at the Office of the County Clerk and Recorder and a copy provided to the Office of the City Engineer. 4. The applicant shall agree to join any future improvement districts. 5. This approval is contingent upon review by the City Attorney. 6. The Planning and Zoning Commission included in their motion an approval for a duplex with 2 accessory dwelling units which shall meet the requirements for accessory dwelling units pursuant to Section 5-510. The Commission wanted to provide the option for the applicant to begin construction this season and not be held up if the attorney felt a new public hearing was necessary because of the amendment to the original application. Upon consulting with the City Attorney, Fred Gannett, he responded that the application could be a amended on the floor, therefore the applicant may develop a duplex with only one accessory dwelling unit. ljl/goldsmith 4 TO: Aspen Planning and Zoning Commission FROM: Leslie Lamont, Planner RE: Goldsmith Conditional Use DATE: June 6, 1989 ----------------------------------------------------------------- ----------------------------------------------------------------- Summary: The applicant proposes to replace a duplex (which also contains two bandit units) with a duplex and two accessory dwelling units. A duplex with accessory dwelling units is a conditional use in a R-15 zone district, subject to review pursuant to Section 7-304. The accessory dwelling units are subject to the affordable housing guidelines as stipulated by the Aspen/Pitkin County Housing Authority. APPLICANT: Henry and Ellen Goldsmith, represented by Frank and Steve Goldsmith LOCATION: 793/795 Cemetery Lane, City of Aspen ZONING: R-15 APPLICANT'S REQUEST: Conditional use review for a duplex with two accessory dwelling units. REFERRAL COMMENTS: Engineering: The Engineering Department, in a May 15, 1989 memo, had the following comments: 1. Drainage - if additional construction changes the footprint of the building, the applicant must prove that the historic drainage has not been altered. This would require a report by an engineer on runoff. 2. Utility Easement - prior to issuance of a building permit, the applicant shall execute a 4' x 6' utility easement for utility purposes. The easement shall be recorded at the Office of the County Clerk and Recorder and a copy provided to the Office of the City Engineer. 3. Improvement District - the applicant should agree to join any future improvement districts. HOUSING: In a May 3, 1989 memo the Housing Department addressed the proposal using several sections of the code that are not applicable to it. Two of the existing 4 units are bandit units which are not going to be legalized before removal. Therefore the housing replacement section of Ordinance 47, which only pertains to multi-family homes, does not apply. The Goldsmith's received their demolition permit before May 8, thus the administrative delay does not apply. However Pursuant to 5-510 A. and B., the two proposed accessory dwelling units shall: 1. be deed restricted to occupancy by qualified employees in Pitkin County, the deed restriction shall be accepted by the Housing Authority, and recorded with the Clerk and Recorder of Pitkin County, prior to issuance of any building permits; and 2. have restricted leases to periods of six consecutive months or longer. In addition the owner of principal residence of shall have the right to place a qualified employee or employees of his or her choosing in the Accessory Dwelling Unit. STAFF COMMENTS: Section 7-304 defines the applicable standards for conditional use review: CRITERIA 1: 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: The R-15 zone district allows a duplex residential use and accessory dwelling units as a conditional use. Upon review of this proposal, staff has concluded that this type of use is compatible within this zone and the provision of affordable housing for Aspen residents is a community goal. CRITERIA 2: 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 surrounding land uses are residential and many are duplex residences. The existing building is two units with two bandit units and this use shall not change with redevelopment. The proposal remains compatible with the surrounding land uses. CRITERIA 3: The location, size, design and operating charac- teristics 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 existing 2 two bedroom bandit units will be replaced by two 1 bedroom units thereby decreasing the density impact on the site. Parking will be increased due to the incorporation of 2 two car garages, and five outdoor spaces for a total of nine spaces when only five spaces are necessary. The applicant is encouraged to provide landscaped buffers to decrease the visual impact upon Cemetery Lane. Access to the accessory units will be from the rear of the home which abuts the golf course. CRITERIA 4: 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 protec- tion, emergency medical services, hospital and medical services, drainage systems, and schools. RESPONSE: According to the application, "there are adequate public facilities since this is on Cemetery Lane. All city utilities including water, sewer, etc. come right to the property. So does bus service, fire protection, and emergency medical services." CRITERIA 5: The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use. RESPONSE: The applicant is in full compliance with this standard as 2 one bedroom accessory dwelling units are being provided. It should be noted that the applicant has donated the existing structure for relocation to increase the affordable housing options in the city. CRITERIA 6: The proposed conditional use complies with all addi- tional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicable requirements of this chapter. RESPONSE: This proposal complies with the standards of this chapter. RECOrIl+IENDATION: The Planning Office recommends approval of this application with the following conditions: 1. The two proposed accessory dwelling units shall: be deed restricted to occupancy by qualified employees in Pitkin County, the deed restriction shall be accepted by the Housing Authority, and recorded with the Clerk and Recorder of Pitkin County, prior to issuance of any building permits; and have restricted leases to periods of six consecutive months or longer that shall be recorded with the title. 2. A report by an engineer, to be reviewed by the Engineering Department, shall be required to determine that the historic drainage pattern is not altered with new construction. 3. Prior to issuance of a building permit, the applicant shall 3 l' __ execute a 4' x 6' utility easement for utility purposes. The easement shall be recorded at the Office of the County Clerk and Recorder and a copy provided to the Office of the City Engineer. 4. The applicant shall agree to join any future improvement districts. ljl/goldsmith _ ___ -- ~/ 3 ; I• r . ~ ,, s-~} ~.. a ~ 1~ -^- ~ -- - s ~__ _ - - .~ r. n ._. ,_ _..~ _ a i! n ~ l I~ / m Y /~ ~ 1 14~ n U ~ 1 ~ ~~ ~ / , , 1 i ~ ' ,Y ` ~1 ' 1: ~11 ~ --- - -- ~ I~ __. - _ - ; i ,11 ~ I ~ 1 / / I' I ~ mr ~r-o+rs yc '` ~/ ,s eii` I ,~ -1 / n 1-i pG ~ / I ... I p ~z I ~ ~'-1 L / ' / C q i , i uY r.7 <rv ~.~ I l ~ I _ N -V .1 .'. P i J / 1 ~ i I C„p ~ _ -1 ~ ~ ( T. J I - -- I p j I/~ ccc , ~~ -~ ~ ,r _ _ _ _ '_ _ _ - _ _ l a ~ i , ~ 1 ~ ~ ~ ,« L n n r ~ 1 II 11 jo , rn ... 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The use will not be changed since there are already 2 bandit units built to code. According to Ordinance #47 these are now legal bandit un_its_upon a walk through by the building department to verify everything is to code. C. The location, size, design and operating characteristics of the proposed accessary dwellings do minimize adverse effects. There will 6e no visual impact since these units will be in the basements. Parking will be increased due to an additional 2 car garage. There will be even less impact on pedestrian and vehicular circulation be'these accessory dwellings will be decreased from the present two bedrooms each to only one bedroom each. D. There are adequate public facilities since this is on Cemetery Lane. All city utilities including water, sewer, etc. come right to the property. So does bus service, fire protection, and emergency medical services. E. This accessory dwelling conditional use does comply with all the standards imposed on it as required. 1 MEMORANDUM To: Leslie Lamont, Planning Office From: Elyse Elliott, Engineering Department Date: May 15, 1989 Re: Goldsmith Conditional Use Review for Accessory Dwelling Units The Engineering Department has the following comments on the above application: 1. Plat - a final plat must be submitted to the Engineering Department that meets our requirements. It must show all easements certified by a title company. 2. Drainage - if additional construction changes the footprint of the building, the applicant must prove that the historic drainage has not been .altered., This would require a report by an engineer on runoff. -~ ~3. Parking - this application must show that it can provide adequate parking even with new construction. If there is not enough room for parking, the-planter boxes should be removed. I suspect that they encroach into the Cemetery Lane right-of-way. The parking spaces and planter boxes should,~e shown on the plat. ,. 4. Utility Easement - a 4' x 6' utility easement should be granted. This should be shown on the plat. 5. Improvement District - the applicant should agree to join any future improvement districts. .--, ,~, ti , ~„„ MEMORANDUM TO: FROM: RE: DATE: Alan Richman, Planning -S~eslie Lamont, Planning Janet Raczak, Housing ,% ~j ~. .. ~.. .: Pl .. r Goldsmith Conditional Use Review for Accessory Dwelling Units May 3, 1989 ---------------------------------------------------------------- ---------------------------------------------------------------- ~- ~ ' Ordinance No. 47 adopted Section 5-510. (B) Bandit Units and \ states that: "Any bandit dwelling unit which can be demonstrated to have been in existence on or prior to November 1, 1988, and which complies with the requirements of this section m~~e_legalized as an Accessory Dwelling Unit, if it shall meet the health and safety requirements of the Uniform Building Code, as determined by the Chief Building Official." Therefore, if the Chief Building Official concurs, and adequate proof has been provided with respect to the existence of the "bandit units" prior to November 1, 1988, the "bandit units" can be considered Accessory Dwelling Units. j2. Section 5-702 states: "When the number of affordable housing units replaced on the site is less than or equal to fifty percent (50%) of the total number of units demolished on the site, the replacement units shall be restricted to the housing designee's low income and occupancy guidelines." The applicant proposes to replace 50 percent of the total number of affordable housing units, therefore, the replacement units shall be restricted to the housing designee's low income and occupancy guidelines. 3. Section 7-704 states: "Replacement units shall be available for occupancy at the same time as the new units and shall contain fixtures, finish and amenities required by the housing designee's guidelines." A condition of approval should address this provision. The units must be appropriately deed restricted under the Housing Authority's 1989 Affordable Housing Guidelines under the Low Income category and CO's on the units available, with verified, qualified tenants ready for occupancy upon issuance of CO. A.. SC> C~ ~ `.~ ~`4~.' The 2 edroom to income affordable housing units must -~_ \contain not less than sq. ft. of net livable square / footage. The applicant ma exceed 850 sq. ft. of net livable area, however, the owner's r tal or sales price shall not be greater than 850 sq. ft. of ne livable square footage. 5. The applicant is re 'red to provide to the Housing Authority a "net livable square footage" calculation for verification upon application. Pref ably a map of the unit, to scale with calculations of "net liva a square footage". ~6. The unit must be deed restricted to occupancy (but not to ~' price or income limitations) by qualified employees in Pitkin County, meeting the low income, use, and occupancy guidelines. This document must be Accepted by the Housing Authority, and recorded with the Clerk and Recorder of Pitkin County, prior to issuance of any Building Permits. "<7. Leases on the units shall be restricted to periods of six consecutive months or longer. 8. The owner of the principal residence shall have the right to place a qualified employee or employees of his or her choosing in the Accessory Dwelling Unit. As you will note, Nos. 2 and 6, above are conflictive according to the Code. Replacement of less than or equal to 50% of the total number of units demolished no the site, requires that the units be restricted under the "LOW INCOME USE AND OCCUPANCY GUIDELINES." However, if a Bandit Unit is now considered an Accessory Dwelling Unit, then the unit must meet the Resident Occupied Unit definition in the Code, which states that the unit must be deed restrict to occupancy (but not to price or income limitations). It is the staff's opinion that these units must be restricted to both the low income, use and occupancy guidelines. The procedure which the applicant is following is legalizing a bandit unit. It now becomes an Accessory Dwelling Unit, and would require no limitation on price or income. However, the applicant then replaces the units, and the replacement provisions require deed restriction under the "low income, use, and occupancy" guidelines. If you have any questions, please call. GOLDSMIT.1 ~~ A ~1 DOCUMENT HEADER Document name: goldsmith Drawer: caseload Received from: Janet Raczak Last modified on May 03,89 Author: Janet Raczak Typist: Janet Raczak Filed on: May 04,89 11:45 AM Message attached Subject: Goldsmith Conditional Use Review for Accessory Dwelling Units Summary: Jim, Terri, and Yvonne of our office have been out to the Goldsmith's home and tell me it is a triplex, not a fourplex. I have completed our review of the case, based on the applicant's contention that the unit already contains four units and it is forthcoming in tomorrow's mail. However, you may want to physically inspect the building to assure that there are four units. It's your baby. Just thought you might like to know. Document type`'WRD Folder: applications 4:23 PM by JTLJL Comments: ASPEN/PITICIN PLANNING OFFICE 130 S. Galena Street Aspen, Colorado 81611 (303) 920-5090 May 2, 1989 Frank Goldsmith P. O. Box 3126 Aspen, Colorado 81612 RE: Goldsmith Conditional Use Review Dear Frank, 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 complete. We have scheduled your application for review by the Aspen Planning and Zoning Commission at a public hearing on Tuesday, June 6, 1989 at a meeting to begin at 4:30 P.M. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to your application is available at the Planning Office. The Land Use Regulations require the applicant to post a sign in a conspicuous place ont he property 10 days prior to the hearing and to mail notice of the hearing to owners of property within 300 feet of the parcel within 15 days of the hearing. A public notice is attached for this purpose. If you have any questions, please call Leslie Lamont, the planner assigned to your case. Sincerely, Debbie Skehan Administrative Assistant NOTICE OF PUBLIC HEARING RE: GOLDSMITH CONDITIONAL USE REVIEW NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, June 6, 1989 at a meeting to begin at 4:30 PM before the Aspen Planning and Zoning Commission, 2nd Floor Meeting Room, 130 South Galena Street, Aspen, CO to consider an application from Henry and Ellen Goldsmith requesting Conditional Use approval for two Accessory Dwelling Units. The applicant proposes to replace the existing duplex with 2 townhomes and 2 accessory dwelling units on the property located at 793/795 Cemetery Lane which is zoned R-15. The legal description is Lot 5, West Aspen Subdivision. For further information, contact the Aspen/Pitkin Planning Office, 130 S. Galena St. Aspen, CO 81611 (303) 920-5090. _s/C. Welton Anderson. Chairman Aspen Planning and Zoning Commission MEMORANDUM TO: City Engineer Housing Director FROM: Leslie Lamont, Planning Office RE: Goldsmith Conditional Use Review for Accessory Dwelling Units DATE: April 26, 1989 Attached for your review and comments is an application from Henry and Ellen Goldsmith, requesting a conditional use review for accessory dwelling units at 793/795 Cemetary Lane, (units 1 and 2, Golden Condominiums). Please review this material and return your comments no later than May 24, 1989 so that I have time to prepare a memo for the P&Z. ASPEN/PITKIN PLANNING OFFICE 130 S. Galena Street Aspen, Colorado 81611 (303) 920-5090 April 18, 1989 Frank Goldsmith P. O. Box 3126 Aspen, Colorado 81611 Re: Goldsmith Conditional Use Review for Accessory Dwelling Units Dear Frank, This is to confirm our phone conversation today in which I informed you that the Planning Office has completed its preliminary review of the captioned application. As I told you, we have determined that your application is not complete and are unable to schedule it for review at this time. Frank please address the Review Standards for Conditional Use which are listed in Attachment 4 of the application package. As soon as we receive this information the application will be complete and we will schedule it for review by the Planning and Zoning Commission. If you have any questions please call Tom Baker. Thank you. Sincerely, Debbie Skehan Administrative Assistant ds TO FROM SUBJECT DATE ~y 1~-~ /,may MESSAGE ~: f ~ ~ ~ l ~~ _ REgFORM 45 468 POLY PAK (50 SETS) 4P468 ^ NO REPLY NECESSARY SIGNED ^ REPLY REQUESTED -USE REVERSE SIDE carbonMss ~~ r' ATI~iNII3TP 1 ~, d1ND iJSE APPLICATION 1) pro~~ Name Golden Townhomes 2) ProjectIncati~ 793/795 Cemetery Lane, Aspen Lot 5, West Aspen Subdivision 3) 5) (indicate street m -"~"', lot & block xamtber, appropriate) present Zcxling R-15 Duplex P,pplicant's Name, Address & Phone ~ Henry & 793 Cemetery Ln Aspen CO 81611 legal rlrx-i-riz im ~yere 4) Iat Size 15,000 SQ FT Ellen Goldsmith 925-8221 6) Repx~tative's Name, Address & Hxax. $ Frank ~ Steohen Goldsmith P © Box 3126 Aspen CO 81612. 925-5251 7) Type of Application (please Bieck all that aPP1Y)= X conditional ITse Oat SPA Omoeph~al Historic Dev. Special Review Final. SPA Final Historic Dev. 8040 G~?*~ ~ Mimr Hista~ric Dev. Stream Mazgin Final POD Historic D®olition Maintain View Plane _ Subdivisicr- Historic Desiccation Ctorrlominiimmizatia- _ 'i~ct/Map Amenc~oent c~l,'aS A71c~nact Iot Split,/Iot L1ne -' ~ ~ Ad7t~lt g) r~-ri~tirn of Fsci_ctirxJ Uses (ninber aid type of e~ristiig stn~es: appmourimate sq. ft.: ra~ber of bachvoms; any P~riaus a<~+~ t0 the Pmp~tY) - There is an existing duplex of which each side contains a 2 bedroom barrdit unit built to code. This makes an existing total of four units which we would like to replace. 9) ~iTt-ion of DeVPlOpmelit APRliratirr~ We are planning to rebuild the duplex into townhomes and would like to replace the bandit units that are already existing. These would be accessory dwelling units. lo) Have you ai-+-~ the follaairr~.' Yes to ALtadffi!It 2, Miniin~n 'c ipn Q7[II'S1ts Response to Attad~it 3, Specific Su~missian donterds e s R to Attad~ait 4, Review Standa,'~- far Your Application ~ r r~PR 1 2 ~. . ~., Henry & Ellen Goldsmith 793 CEMETERY LANE ASPEN, CO 81611 925-8221 City of Aspen We, Henry and Ellen Goldsmith authorize Frank and Stephen Goldsmith, P.O.Box 3126, Aspen,CO. 81612, Tel: 925-5251 to represent us in the conditional use application of 793/795 Cemetery Lane, Aspen which is attached. 4 ' ~rVw`1 P~-t ~~ ~u~,~ Pip P~ _ _ T~ V uJN ~ S (~U ~ r N 300 ~ -SO E zFf N~nl ~c308 I`'lc .SK~MO'~I~NG ~p ~SPE~ ~ Cp S' 1 ~ ! 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I. ~ r~~o.: k,~~.~a~ -~ ~~ ~ ,.. r r, ~~ rr ~. a 1'~ ~ ~ ~ ~~ V 1 `/ ~/, ~:, SITE ~~~, ' ~OUkii --.:~1 ~ _~. ~ r_.. ,~ G~ft3 r IT _ 'ti _ ~. 1' ~ .Pat r'-. __i~.f-~.=;' "~~' ''~ a~ ~~.... ~, ~,~ ;i' ;- ~r c L' .°VF YdNi p, ., ',; ..- ~ ~~ ~.., / ~` ~ `' VICINITY PLAN -SCALE I ~~ = 1000 it w ~~ i / ,a / 23 ~° 56~~ / / ~ / ~ ~~ ~ ~ ~ ~~ ~ ~ / oE~ s \~ UN\ ~/ ~ .~ 33 95 ~ do / N ~:~ Recoraea aL-..-_4. o'cloclc.__P--M., ..._._-Jun e-15~-1 S"'°S ',,, '--.. - - r~ qq r- y [' .-..~ - J a l i e H an e ~_"~-- ---- ------- ~ 31 Reception No_-~~+.er~=-~- _---Recorder. '.,'OK 3 THIS DEED, Made this 1St day of June 19 7~ between RECORDER'S STAMP STATE DDClMENTAAY FF~ LAWRENCE TIMME BOWMAN & MARIE AUDREY BOWMAN, husband & wife JUN 1 5 PAIN ,j_ of the City of Aspen county of P i t k i n and State of .~~,-m--~3'Ol Colorado, of the first part, and HENRY L. GOLDSPITH & ELLEN H. GOLDSMITH, husband & wife of the ~'I ty of Aspen Cotmty of P 1 t k 1 n and State of Colorado, of the second part: WITNESSETH, that the said part'I es of the first part, for and in consideration of the sum of - - - - - - TEN DOLLARS AND OTHER GOOD & VALUABLE CONSIDERATION - - - - - - - - - ~ to the said part 'IeS of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever, not in tenancy in common but in joint tenaney, all the following described lot or parcel of land, situate, lying and being in the Clty of Aspen County of P 1 t k 1 n and State of Colorado, to-wit: LOT 5 WEST ASPEN SU3DIVISION, FILING N0, 1-A PITKIN COUNTY, COLORADO, TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise aDPertaining, the reversion and reversions, remainder and remainders, rentr, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said partl eS of the first part, either in law or equity, of, in and to tht above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said parties of the second part, their heirs and assigns forever. And the said partl e5 of the first part, for themselves thelrheirs, executors, and administrators do covenant, grant, bargain and agree to and with the said parties of the second part, their heirs and assigns, that at the time of the ensealing and delivery of these presents they dre well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible esmte of inheritance, in law, in fee simple, and have Sood right, full power and lawful assthority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all forrfer and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature soever, except general taxes for the year of 1976, payable in 1977; and except reservations and exceptions as con- tained in United States Patents or record; and except easements and covenants of record. and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, their heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said partl e5 of the first part sha:l and will WARRANT AND FOREVER DEFEND. IN [VITNESS WHEREOF the said part ley of the first part have hereunto setthelYhandS and seal S the day and year first above written. ""((~~~~ ~~~ ~~ ~~ ~ ~ ~ ~ ~ t~~~ . ,^ Signed, Sealed and Delivered in the Presence of l •.`;l:f.Yd~f ~±`eM. ~C.~.-- ..tl.L-Y-1l!:!:!rr.~.,~'y-~17~:I~AL] I LAWRENCE TIMM BOWMAN STATE OF COLORADO, County PITKIN ss. 1 The foregoing instrument was acknowledged before me this 1St day of June 1976°,bY• L~kfrence Timms Bowman and Marie Audrey Bowman, husband and wife ~~comrmssioa r~Plres December 2Dth 1976. \'~'itness ryy hand and official seal. . k~ C i/.~f '; ! a-; ~ .~ - r : ~stVl~~1 ~\~~G ans -Rti--G-rams g r_ ._ n E t.T ~ t NO. 951t ::„FP~86g1tCY DERD-To Joint Tenmts.-IIndford-Robinaon Prlntiva aoRPanr, 182d-46 Stout Street, Denver, Colorado It by na441ra1 person or persons hero Insert name or Hamer ; it by person neting to rePresenffitlve or o[ficla] ca attorney-ni-fact, then Insert name oT person an reecutor, attorney-fn-fac; or other cap¢city or descri, Lion; If `.y o1: Dorntlnn, then fnsert name. oY such o.flcer or oY::• ere as the pree,uont or o':,er officers of such cor-oBUOn, namin^' ~° A °' i L ~~6 ~ D= ~! ~ Za LL, N ~ i i ~; ~~ ~: G; y n c: p;. .~. 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