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APPLICANT: ALICE BRIEN, REPRESENTED BY JOHN MUIR
LOCATION: LOT 44, WEST ASPEN SUBDIVISION
. ACTION: CONDITIONAL USE APPROVAL FOR AN ADU
AND VARIANCE FROM THE RESIDENTIAL DESIGN
STANDARDS
STANDARDS APPLICABLE TO ALL CONDITIONAL USES:
The conditional use is consistent with the purposes, goals, objectives and
standards of the Aspen Area Community Plan, and with the intent of the
zone district in which it is proposed to be located.
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.
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.
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.
The applicant commits to supply affordable housing to meet the
incremental need for increased employees generated by the conditional
use.
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 title.
ACCESSORY DWELLING UNITS:
Accessory dwelling units shall contain not less than three hundred (300)
square feet and no more than seven hundred (700) square feet of net
livable area. The unit shall be deed restricted, meeting the Housing
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Authority's guidelines for resident occupied units and shall be limited
to rental periods of not less than six (6) months in duration. Owners
of the principle residence shall have the right to place a qualified
employee or employees of his or her choosing in the accessory dwelling
unit. One (I) parking space shall be provided on-site for each studio
unit, and for each bedroom within a one or two-bedroom accessory
dwelling unit.
An attached accessory dwelling unit shall be subject to all other
dimensional requirements of the underlying zone district.
A detached accessory dwelling unit shall only be permitted on parcels
that have secondary and/or alley access, exempting parcels with
existing structures to be converted to detached accessory dwelling
units, detached garages or carports where an accessory dwelling unit
is proposed above, attached to, or contained within such detached
garage or carport. Detached accessory dwelling units are prohibited
within the R-15B zone district.
An attached accessory dwelling unit shall utilize alley access to the
extent practical.
DEVELOPMENT REVIEW STANDARDS:
The proposed development shall be compatible with and subordinate in
character to the primary residence located on the parcel as well as
development located within the neighborhood, and assuming year-
round occupancy, shall not create a density patteru inconsistent with the
established neighborhood.
Where the proposed development varies from the dimensional
requirements 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 dimensional requirements.
The Planning and Zoning Commission and the Historic Preservation
Commission may exempt nonconforming structures, being converted
to a detached accessory dwelling unit, provided the nonconformity is
not increased.
Conditional use review shall be granted pursuant to Section 26.60.040
standards applicable to all conditional uses.
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VARIANCE CRITERIA:
For a variance to be granted, it would have to be based on one ofthe following
three criteria:
The proposed design yields greater compliance with the goals of the
Aspen Area Community Plan, or
The proposed design more effectively addresses the issue or problem
the given standard responds to, or
A variance is clearly necessary for reasons of fairness related to unusual
site specific constraints.
TO:
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FROM:
RE:
DATE:
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MEMORA Dep'.
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Aspen Planning and Zoning Cc
Julie Ann Woods, Director of Community Development
Joyce A. Ohlson, Deputy Director of Community Development
Lot 44, West Aspen Subdivision, Conditional Use for an Accessory
Dwelling Unit (ADU), and Variance from the Residential Design Standards
Public Hearing. ParcellD 2735-012-310001
May 4, 1999
SUMMARY: The applicant is requesting Conditional Use approval to construct an
Accessory Dwelling Unit (ADU). The applicant owns Lot 44 of the West Aspen
Subdivision and intends to construct a single-family residence with a corresponding ADU
on what is now a vacant, approved lot. The proposed ADU would be connected to the
primary residence at basement level; however, with walk-out and above grade
components to the ADU. By providing the ADU, the applicant would obtain a GMQS
Exemption, enabling the property owner to construct the new residence in accordance
with City Land Use Regulations. The applicant is also seeking variance to the.Residential
Design Standards (Ordinance 30) for two design features. One variance request is to
the "garage placement" standard which requires that garages parallel to the street be
recessed 10 feet from the front fagade. The other request is a variance to the "volume"
design standard which doubles the floor area calculation of any room where exterior
plate heights are located between nine and twelve feet above finished floor.
Community Development staff recommends that the Conditional Use for the ADU
be approved, subject to conditions. With regard to the Residential Design
Standards, staff recommends approval of the "garage placement" variance, but
denial of the "volume" variance.
APPLICANT: Alice M. Brien, represented by John Muir of Galambos/Muir Architects
LOCATION: Lot 44, West Aspen Subdivision. Generally, the property is located in the
northwest corner created by the intersection of Cemetery Lane and Silver King Drive.
ZONING: Moderate Density Residential (R-15)
CURRENT LAND USE: The subject property is presently undeveloped and was
approved in 1968 by Pitkin County as part of the West Aspen Subdivision. An
undeveloped trail is located across a portion of the property from which access is gained
to Red Butte.
LOT SIZE: The subject property is 15,734 square feet in size.
ALLOWABLE FAR: The lot has an allowable floor area of 3,408 square feet. The R-15
zone requires a minimum lot area of 15,000 square foot per dwelling unit. ADUs do not
count as units of density.
PROPOSED LAND USE: Single family dwelling with attached Accessory Dwelling Unit.
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REVIEW PROCEDURE: Accessory Dwelling Units (ADUs) require conditional use
approval by the Planning and Zoning Commission at a pUblic hearing. It is a one-step
review that requires notification to be published, posted and mailed in accordance with
Section 26.52.060(E).
The following sections of the code are applicable to this conditional use review: Section
26.40.090, Accessory Dwelling Units; Section 26.28.050, Moderate-Density Residential
(R-15); Section 26.60.040, Standards Applicable to All Conditional Uses; and, Section
26.58.040, Residential Design Standards.
Community Development Department staff reviewed this 'proposal against the
Residential Design Standards and found that the submitted development application for
the residence and ADU complies with the exception of the "garage placement" and
"volume" standards. The volume standard variance request applies to both the east and
south elevations, first and second floors, as illustrated on Sheets A2.1, A3.1, A2.2, and
A3.2. of the applicant's submittal, Exhibit A. The Commission will serve as the DRAC
when evaluating this request.
BACKGROUND: The subject property is a vacant lot located at the toe of the southeast
slope of Red Butte. The parcel serves as the foreground of a significant view from the
Cemetery Lane area up to the ridge of Red Butte. Significantly steep slopes are found on
the site necessitating the maximum 25% reduction in floor area for this development.
The proposed floor area incorporates this reduction factor. The site constraints strongly
, dictate the area that is suitable for development and to a large extent, 'the 3-f100r,
stepped back design of the structure.
As noted earlier, a primitive trail crosses a portion of the property providing a point of
access to the Red Butte Open Space, a City-owned property. No formal easement over
this trail has ever been in place for the use of this trail by the pUblic over private property.
The property owner has willingly worked closely with the City of Aspen Parks
Department to determine a suitable relocation for the trail. Furthermore, the property
owner has entered into an agreement with the City to provide a perpetual trail easement
and right-of-way for public use. The easement agreement stipulates that the desirable
and exact trail location will be determined by the Parks Department, surveyed and then
the easement document will be finalized. Additional and specific language regarding the
dedication of the easement is put forth in a signed and recorded document between the
City and property owner, Alice Brien. While the location is not finalized,. preliminary
evaluation by the Parks Department indicates that the location of the proposed residence
will not impact the future trail and is therefore not at issue.
REFFERRAL COMMENTS:
Comments from the City Engineering, Housing, Zoning, and Parks Departments as well
as the Aspen Consolidated Sanitation District and the Aspen Fire Protection District are
contained within this report as Exhibit B. Where appropriate, many of the comments
have been utilized as conditions in the proposed resolution.
STAFF COMMENTS:
Section 26.40.090. Accessory Dwelling Units
The proposed ADU would contain approximately 370 square feet of net livable area.
The ADU would be deed restricted, meeting the housing authority's guidelines for
resident occupied units, limited to rental periods of not less than six (6) months in
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duration. The owners of the principal residences will retain the right to set the rental
rates and select a qualified employee(s) of hislher choosing in their ADU. One (1) off-
street parking space will be provided on-site for the ADU, and will be accessed from the
same driveway serving the principle dwelling. Therefore, the proposal complies with the
requirements of Section 26.40.090(A)(1).
Pursuant to Section 26.40.090(A)(2), the development, including the ADU, is subject to
all of the dimensional requirements of the underlying zone district, Moderate-Density
Residential (R-15). All of the dimensional requirements will be met; including those
associated with floor area, height, site coverage, and setbacks.
Since the ADU would be attached to the primary residence, Section 26.490.090(A)(3) is
not applicable. Section 26.40.090(A)(4) states that "an attached accessory dwelling unit
shall utilize alley access to the extent practical." No alley exists to serve the subject
property which makes this section not applicable as well.
Section 26.40.090(8), Development Review Standards, requires that "the proposed
development be compatible with and subordinate in character to the primary residence
located on the parcel as well as development located within the neighborhood, and
assuming year-round occupancy, shall not create a density pattern inconsistent with the
established neighborhood." The proposed ADU would not be overtly distinct in terms of
external appearances, as it has been designed to appear as part. of the primary
residence; thus, it will be compatible with and subordinate in character to the primary
residences. This property is located in an established residential neighborhood which is,
for the most part, made up of single family residences, many of which are greater in size'
than what is proposed on the subject property. Other ADUs are located in the
neighborhood. The proposed ADU will be compatible with the character of the existing
neighborhood and will not create a density pattern incompatible with that already
established in the area.
Section 26.60.040, Standards Applicable to All Conditional Uses
Pursuant to Section 26.60.040, a development application for a conditional use approval
shall meet the following standards:
(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.
The stated purpose of the R-15 zone district "is to provide areas for long term residential
purposes with customary' accessory uses. Recreational and institutional uses
customarily found in proximity to residential uses are included as conditional uses. Lands
in the Moderate-Density Residential (R-15) zone district typically consist of additions to
the Aspen Townsite and subdivisions on the periphery of the city...." The proposed ADU
would be in harmony with the purpose of the R-15 zone district since the ADU would
provide for long-term residential use (or customary accessory use) and be in close
proximity to transit (a bus stop is located on the Cemetery Lane frontage of the subject
property). AD Us are allowed as conditional uses in the R-15 zone district.
One of the stated themes of the AACP with regard to "revitalizing the permanent
community" is to "increase resident housing." Also, the proposal is consistent with the
following purposes, goals, objectives and standards of the AACP:
. "Promote, market and implement Cottage Infill and Accessory Dwelling Unit
programs;"
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. "Develop small scale resident housing which fits the character of the community and
is interspersed with free market housing throughout the Aspen Area and up valley of
Aspen Village;" and, .
. "The public ,and private sectors together should develop . . . employee-occupied
accessory dwelling units, to achieve the identified unmet need to sustain a critical
mass of residents."
Staff finds that this conditional use application for the ADU complies with Section
26.60.040(A).
(8) 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.
The subject parcel is surrounded by residential uses, some of which have associated
accessory dwelling units, making the proposed ADU both consistent and compatible with
the existing residential development in the immediate vicinity. Development on the
subject property, one of the last undeveloped lots in a large, established residential
subdivision, really constitutes infill of a like use and density. Also see the last paragraph
of the Section 26.40.090, Accessory Dwelling Units portion of this memo, above.
(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.
As mentioned earlier in this memo, the proposed ADU would appear as part of the
principal residences; thus, its location, size and design will minimize any potential
adverse visual impacts. No noise, vibration, or odor related impacts are anticipated.
The proposed ADU would operate like any other residence or ADU found in the
neighborhood. The anticipated impacts should be negligible. During the course of
review of the plans, staff has identified an opportunity for enclosed storage within the
residence/ADU structure. Plan A2.3 provides the basement fioor plan. By moving the
suite door back from the ADU so that it would enclose the area below the stair landing,
that area under the stairway could provide secured and private storage for the ADU
resident. Indoor storage would be practical and minimize the likelihood of outdoor
storage and its potential impact on the neighborhood.
(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.
There are adequate public facilities and services to serve the proposed uses. The
residences would be within an existing, well-established neighborhood.
(E) The applicant commits to supply affordable housing to meet the incremental
need for increased employees generated by the conditional use.
While the proposed development of the ADU would not generate an increase in the
employment base, the applicant will be supplying an ADU which, pursuant to Section
26.40.090(A)(1), will be deed restricted, registered with the housing office, and available
for rental to eligible working residents of Pitkin County for periods of not less than six
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months in duration, thereby serving the need for increased affordable housing in the City
of Aspen.
(F) The proposed conditional use complies with a/l additional standards imposed
on it by the Aspen Area Comprehensive Plan and by a/l other applicable
requirements of this title.
The proposed conditional use will comply with all additional standards imposed on it by
the AACP and by all other applicable requirements of the Municipal Code, such as those
contained in Section 26.58.040, Residential Design Standards, unless variances are
granted by the Commission.
Section 26.58.040, Residential Design Standards
The design for the proposed residence was reviewed by staff against the Residential
Design Standards of Section 26.58.040. Staff found the proposed designs to comply
with all but two of the design standards, namely standards 26.58.040(F)(4), Garages,
Carports and Storage Areas, and (12), Volume.
Re: Garages, Carports and Storage Areas
As it applies to this application, this standard requires that all portions of a garage,
carport or storage area parallel to the street be recessed behind the front fa9ade a
minimum of ten (10) feet. If a variance is to be granted, it would have to oebased on
one of the following three criteria: .
(a) the proposed design yields greater compliance with the goals of the Aspen Area
Community Plan; or, .
(b) the proposed design more effectively addresses the issue or problem the given
standard responds to; or,
(c) a variance is clearly necessary for reasons of faimess related to unusual site
speCific constraints.
The site is a unique triangularly shaped lot and possesses steep slopes. Given these
constraints, the proposed location and orientation of the garage lend themselves better
to minimizing impacts through less cutting of the natural slope. If the garage were further
back on the site the result would be a steeper driveway and greater cut. In addition, the
location of the garage serves as a first "step" in the stepped back design of the
residence. This stepped back layout seems to better utilize the site instead of an
arrangement that would orient the residence more horizontally across the slope. The
orientation of the garage is such that the garage doors face toward the southeast and do
not directly face the street. This orientation moves away from the prototypical suburban
residential setting which was one of the intents of the garage placement standard. Staff
feels that the garage location variance is both necessary due to unusual site constraints
and is a more effective method of addressing the garage placement issue, criterion b
and c. Staff recommends the garage variance be granted.
Re: Volume
This standard requires that windows in any areas that lie between nine (9) and twelve
(12) feet above the height of the floor plate, and non-orthogonal windows in any areas
that lie between nine (9) and fifteen (15) feet above the height of the fioor plate, result in
a doubling of the floor area calculation for the respective room.
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The proposed design for the residence contains "volume" standard violations only on its
east and south elevations. The east elevation as depicted on Plan A3.1 proposes two
deviations from the window standard. These deviations are rather small in nature and
are found along the top of the square dormer and arched windows. The other east
elevation is depicted on Plan A3.2 and comprises at least a third of the specific window
area, creating a substantial deviation from the standard. This east elevation of the
residence and ADUfaces toward Cemetery Lane and will be quite visible. On the south
elevation, about half of the small square dormer windows and the set of three arched
windows above the balcony doors exceed the standard. (Note: Given the plans provided
by the applicant, it is difficult at this time to calculate the exact square footage of
nonconformity.) Staff has requested amended plans and presentation materials from the
applicant that clearly illustrate the specific areas that do not comply. In Exhibit A,
Applicant's Plans, staff has highlighted the window components that are not in
conformance with the standard. '
Under the language of the volume penalty, the applicant has three (3) options once it is
determined that the proposed design does not comply: first, the applicant can choose to
redesign the proposal to comply with. the standard; next, the applicant can appeal staffs
finding to the Design Review Appeal Committee or other appropriate board; lastly, the
applicant can choose to accept a floor area penalty which would double the calculation of
floor area in those spaces visually accessed though the non-conforming windows. The
applicant has chosen to appeal staffs finding to the Planning and Zoning Commission in
an attempt to obtain a variance. If a variance is to be granted, it would have to be based
on one of the following three criteria: . ,
(a) the proposed design yields greater compliance with the goals of the Aspen Area
Community Plan; or,
(b) the proposed design more effectively addresses the issue or problem the given
standard responds to; or,
(c) a variance is clearly necessary for reasons of fairness related to unusual site-
specific constraints.
According to the pending revisions to the Residential Design Standards, the
purpose/intent of the "Volume" standard "is to ensure that each residential building has
street-facing architectural details and elements which provide human scale to the facade,
enhance the walking experience, and reinforce local building traditions." Although
pending code amendments do not hold any force in the review of current applications,
staff felt this information might be helpful in understanding the issueslconcerns that the
volume standard attempts to address.
Staff's evaluation of the proposed design does not yield a finding of greater compliance
with the Aspen Area Community Plan. If the requested variances are to be justified, it
would need to be on the grounds that either the proposed design more efficiently
addresses the issue or prOblem the given standard responds to, or is necessary for
reasons of fairness related to unusual site specific constraints. The following paragraphs
discuss the requested variances relative to the variance standards.
Staff does find that there are unusual site-specific constraints associated with the
property; however, these constraints do not necessarily make it unfair, impractical or
impossible to comply with the volume standard. Due to the verticality of the stepped back
layout of the residence and how this layout moves up the slope of the property, the taller
window arrangements may even add to the perception of height and stature of the
proposed development. Inthe context of the neighborhood, this specific layout, including
the window arrangement, does not move the development toward meeting this criteria or
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the criteria having to do with more effectively addressing the issue or problem the
standard responds to. It is possible to develop within the exact letter of the "Volume"
standard as put forth in the Code.
Hence, staff believes the applicant should be held to the letter of the standard and either
redesign the elevations or accept the floor area penalty for the corresponding internal
spaces.
STAFF FINDINGS: Based upon review of the applicant's land use application and the
referral comments, Community Development staff finds that there is sufficient information
to support the Conditional Use request with conditions. With the recommended
conditions of approval, the proposal meets or exceeds all standards applicable to the
review of Accessory Dwelling Units as conditional uses. With regard to the Residential
Design Standards, staff believes the requested "garage placement" variance meets
criteria band c, but the circumstances do not warrant positive findings of the criteria in
order to grant the "volume" variance. The applicant does have the option to redesign the
window elements to comply with the letter of the volume standard without compromising
moving forward on the residence and ADU. '
RECOMMENDATION: Community Development staff recommends that the Conditional
Use request for an Accessory Dwelling Unit and the Variance to the Design Standard for
the garage placement only, on Lot 44, West Aspen Subdivision, be approved with the
following conditions:
1.) The building permit application shall include the following in addition to normal
submittal requirements:
a) a signed and recorded copy of the Planning and Zoning Commission Resolution
outlining the granted approvals and conditions, and on the cover sheet of the building
permit plan set and all other prints made for the purpose of construction, the
language of any and all conditions of approval;
b) a signed and notarized letter from the contractor indicating that all conditions of
approval are known to and understood by him/her;
c) working drawings to verify compliance with all applicable dimensional
requirements; ,
d) plans for all utility meter locations; locations must be accessible for readings and
may not be obstructed;
e) a current Site Improvement Survey indicating the nature of all easements of
record indicated on the property title commitment;
f) a copy of the recorded plat showing Lot 44, West Aspen Subdivision;
g) a $50 fee in lieu of digital submission requirements;
h) a completed and recorded sidewalk, curb and gutter construction agreement and
an agreement to join any future improvement districts for the purpose of constructing
improvements which benefit the prosperity under an assessment formula.
i) a completed and recOrded ADU deed restriction on the property, a form for which
may be obtained from the Housing Office. The deed restriction shall be noted on the
building permit plans. .
j) a storm drainage report and mitigation plan, including permanent and temporary
erosion control, water runoff, sediment control, contaminant control and retention
components (24" x 36" size plan sheet or on the lot grading plan) prep<;ired by a
Colorado licensed Civil Engineer which addresses pre-, post- <;ind during construction
conditions and in accordance with Section 26.88.040(C)(f) of the Land Use Code;
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k) indication of whether a ground injection or re-charge type drainage system is
proposed (Le., drywells) and if so, a soils report establishing percolation rates will
need to be included;
I) indicate that drywells will not be permitted within utility easements;
m) indicate through the above-referenced drainage plans that foundation drainage
systems will be detained on site;
n) a tree removal or relocation permit from the City Parks Department for any trees
to be removed or relocated;
0) an executed copy of an agreement to join any future improvement district(s)
which may be formed for the purpose of constructing improvements in adjacent
public rights-of way; and
p) a completed and approved tap permit with the Aspen Consolidated Sanitation
district. The applicant shall connect the ADU to the sanitary sewer in a manner
acceptable to the ACSD superintendent.
2.) The building permit plans shall reflect/indicate the following in addition to normal
submittal requirements:
a. conformance with all aspects of the City's Residential Design Standards unless
specific variance has been granted;
b. that the proposed ADU is labeled as such and meets with the definition of
Accessory Dwelling Unit;
c. that the ADU will contain a kitchen having a minimum of a two-burner stove with
oven, standard sink, and a 6-cubic foot refrigerator plus freezer.
d. that the ADU has the minimum one (1) off-street parking space proVided. The
ADU space must have clear access and cannot be stacked with a space for the
primary residence;
e. that the ADU meets all applicable USC requirements for light and air
f. that the roof is designed to prelient snow and ice from falling on, or building up
on, the entrance to the ADU;
g. that the ADU plan is amended to provide for a private and secure storage area
for the ADU by moving the basement level suite door to a location so that the
space under the stair landing may be part of.lhe ADU;
h. conformance with the City's requirements for driveways. Driveways must be
separated by 25 feet or more (including neighboring driveways), and must be
paved from the edge of the street to the property line. The City Engineer may
approve paving alternatives; ,
L a fire suppression system if the gross square footage of the structure exceeds
5,000 square feet or if determined by the Fire Chief to be necessary because of
fire and emergency access constraints of the proposed driveway.
j. a five (5) foot wide pedestrian usable space with a five (5) foot wide buffer for
snow storage at the edge of.lhe street paving.
3.) The applicant should provide separate utility taps and meters for each residential
unit.
4.) All utility meters and any new utility pedestals or transformers must be installed on
the applicant's property and not in any public right-of way. Easements must be
provided for pedestals. All utility locations and easements must be delineated and
described on the site improvement survey, Meter locations must be accessible for
reading and may not be obstructed.
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5.) The applicant must receive approval for any work within the pUblic right-of way
from the appropriate City Department. This includes, but is not limited to, approval
for a mailbox and landscaping from the City Streets Department.
6.) All construction vehicles, materials, debris shall be maintained on-site and not
within public rights-of way unless specifically approved by the Director of the Streets
Department. The applicant shall inform the contractor of this condition.
7.) The applicant and contractor shall abide by all noise ordinances. Construction
activity is limited to the hours between 7 a.m. and 10 p.m.
B.) Prior to the issuance of a Certificate of Occupancy, the applicant shall permit
Community Development Department, Engineering and Housing Office staff to
inspect the property to determine compliance with the conditions of approval.
9.) The proposed design has been granted a variance from Section 26.5B.040(F)(4)
of the Residential Design Standards, Aspen Municipal Code. All other requirements
of the Residential Design Standards shall be complied with.
10.) Before applying for a building permit, the applicant shall record this Planning and
Zoning Resolution, and pay the associated fee, with the Pitkin County Clerk and
Recorder located in the Courthouse Plaza Building. The applicant may utilize the
City Clerk for this recordation process upon payment of recordation fees.
11.) All material representations made by the applicant in the application and during
the meetings with the Planning and Zoning Commission shall be adhered to and
considered conditions of approval, unless otherwise addressed by other conditions.
12.) If the proposed use, density, or timing of the construction of the project change or
the site grading, drainage, parking or utility plans for this project change subsequent
to this approval,a complete set of the revised plans shall be provided to the
Engineering and Community Development Departments for review and re-
evaluation.
13.) Prior to issuance of any building permits, a review of any proposed minor
changes from the approval, as set forth herein shall be made by the Community
Development and Engineering Departments, or referred back to the Planning and
Zoning Commission.
RECOMMENDED MOTION:
"I move to approve the Conditional Use allowing an Accessory Dwelling Unit and to
approve a Variance to the Design Standard, for garage placement only, on Lot 44, West
Aspen Subdivision with the conditions outlined in the Community Development
Department memo dated May 4,1999."
EXHIBITS: "A" - Applicant's Land Use Application/Plans
"B" - Referral Agency Comments
"C" - Vicinity Map
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RE:
DATE:
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Y. 33.
MEMORANDUM
Aspen Planning and Zoning Commission
Julie Ann Woods, Director of Community Development
Joyce A. Ohlson, Deputy Director of Community Development
Lot 44, West Aspen Subdivision, Conditional Use for an Accessory
Dwelling Unit (ADU), and Variance from the Residential Design Standards
Public Hearing. ParcellD 2735-012-310001
May 4, 1999
SUMMARY: The applicant is requesting Conditional Use approval to construct an
Accessory Dwelling Unit (ADU). The applicant owns Lot 44 of the West Aspen
Subdivision and intends to construct a single-family residence with a corresponding ADU
on what is now a vacant, approved lot. The proposed ADU would be connected to the
primary residence at basement level; however, with walk-out and above grade
components to the ADU. By providing the ADU, the applicant would obtain a GMQS
Exemption, enabling the property owner to construct the new residence in accordance
with City Land Use Regulations. The applicant is also seeking variance to the Residential
Design Standards (Ordinance 30) for two design features. One variance request is to
the "garage placement" standard which requires that garages parallel to the street be
recessed 1 0 feet from the front fagade. The other request is a variance to the "volume"
design standard which doubles the floor area calculation of any room where exterior
plate heights are located between nine and twelve feet above finished floor.
Community Development staff recommends that the Conditional Use for the ADU
be approved, subject to conditions. With regard to the Residential Design
Standards, staff recommends approval of the "garage placement" variance, but
denial ofthe "volume" variance.
APPLICANT: Alice M. Brien, represented by John Muir of Galambos/Muir Architects
LOCATION: Lot 44, West Aspen Subdivisi.on. Generally, the property is located in the
northwest corner created by the intersection of Cemetery Lane and Silver King Drive.
ZONING: Moderate Density Residential (R-15)
CURRENT LAND USE: The subject property is presently undeveloped and was
approved in 1968 by Pitkin County as part of the West Aspen Subdivision. An
undeveloped trail is located across a portion of the property from which access is gained
to Red Butte.
LOT SIZE: The subject property is 15,734 square feet in size.
ALLOWABLE FAR: The lot has an allowable floor area of 3,408 square feet. The R-15
zone requires a minimum lot area of 15,000 square foot per dwelling unit. ADUs do not
count as units of density.
PROPOSED LAND USE: Single family dwelling with attached Accessory Dwelling Unit.
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REVIEW PROCEDURE: Accessory Dwelling Units (ADUs) require conditional use
approval by the Planning and Zoning Commission at a public hearing. It is a one-step
review that requires notification to be published, posted and mailed in accordance with
Section 26.52.060(E).
The following sections of the code are applicable to this conditional use review: Section
26.40.090, Accessory Dwelling Units; Section 26.28.050, Moderate-Density Residential
(R-15); Section 26.60.040, Standards Applicable to All Conditional Uses; and, Section
26.58.040, Residential Design Standards.
Community Development Department staff reviewed this proposal against the
Residential Design Standards and found that the submitted development application for
the residence and ADU complies with the exception of the "garage placement" and
"volume" standards. The volume standard variance request applies to both the east and
south elevations, first and second floors, as illustrated on Sheets A2.1, A3.1, A2.2, and
A3.2. of the applicant's submittal, Exhibit A. The Commission will serve as the DRAC
when evaluating this request.
BACKGROUND: The subject property is a vacant lot located at the toe of the southeast
slope of Red Butte. The parcel serves as the foreground of a significant view from the
Cernetery Lane area up to the ridge of Red Butte. Significantly steep slopes are found on
the site necessitating the maximum 25% reduction in floor area for this development.
The proposed floor area incorporates this reduction factor. The site constraints strongly
, dictate the area that is suitable for development and to a large extent, the 3-f100r,
stepped back design of the structure.
As noted earlier, a primitive trail crosses a portion of the property providing a point of
access to the Red Butte Open Space, a City-owned property. No formal easement over
this trail has ever been in place for the use of this trail by the public over private property.
The property owner has willingly worked closely with the City of Aspen Parks
Department to determine a suitable relocation for the trail. Furthermore, the property
owner has entered into an agreement with the City to provide a perpetual trail easement
and right-of-way for public use. The easement agreement stipulates that the desirable
and exact trail location will be determined by the Parks Department, surveyed and then
the easement document will be finalized. Additional and specific language regarding the
dedication of the easernent is put forth in a signed and recorded document between the
City and property owner, Alice Brien. While the location is not finalized, preliminary
evaluation by the Parks Department indicates that the location of the proposed residence
will not impact the future trail and is therefore not at issue.
REFFERRAL COMMENTS:
Comments from the City Engineering, Housing, Zoning, and Parks Departments as well
as the Aspen Consolidated Sanitation District and the Aspen Fire Protection District are
contained within this report as Exhibit B. Where appropriate, many of the comments
have been utilized as conditions in the proposed resolution.
STAFF COMMENTS:
Section 26.40.090, Accessory Dwelling Units 4'3"1
The proposed ADU would contain approximately ~quare feet of net livable area.
The ADU would be deed restricted, meeting the housing authority's guidelines for
resident occupied units, limited to rental periods of not less than six (6) months in
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duration. The owners of the principal residences will retain the right to set the rental
rates and select a qualified employee(s) of his/her choosing .in their ADU. One (1) off-
street parking space will be provided on-site for the ADU, and will be accessed from the
same driveway serving the principle dwelling. Therefore, the proposal complies with the
requirements of Section 26.40.090(A)(1).
Pursuant to Section 26.40.090(A)(2), the development, including the ADU, is subject to
all of the dimensional requirements of the underlying zone district, Moderate-Density
Residential (R-15). All of the dimensional requirements will be met; including those
associated with floor area, height, site coverage, and setbacks.
Since the ADU would be attached to the primary residence, Section 26.490.090(A)(3) is
not applicable. Section 26.40.090(A)(4) states that "an attached accessory dwelling unit
shall utilize alley access to the extent practical." No alley exists to serve the subject
property which makes this section not applicable as well.
Section 26.40.090(8), Development Review Standards, requires that "the proposed
development be compatible with and subordinate in character to the primary residence
located on the parcel as well as development located within the neighborhood, and
assuming year-round occupancy, shall not create a density pattern inconsistent with the
established neighborhood." The proposed ADU would not be overtly distinct in terms of
external appearances, as it has been designed to appear as part, of the primary
residence; thus, it will be compatible with and subordinate in character to the primary
residences. This property is located in an established residential neighborhood which is,
for the most part, made up of single family residences, many of which are greater in size
than what is proposed on the subject property. Other .ADUs are located in the
neighborhood. The proposed ADU will be compatible with the character of the existing
neighborhood and will not create a density pattern incompatible with that already
established in the area.
Section 26.60.040, Standards Applicable to All Conditional Uses
Pursuant to Section 26.60.040, a development application for a conditional use approval
shall meet the following standards:
(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.
The stated purpose of the R-15 zone district "is to provide areas for long term residential
purposes with customary accessory uses. Recreational and institutional uses
customarily found in proximity to residential uses are included as conditional uses. Lands
in the Moderate-Density Residential (R-15) zone district typically consist of additions to
the Aspen Townsite and subdivisions on the periphery of the city...." The proposed ADU
would be in harmony with the purpose of the R-15 zone district since the ADU would
provide for long-term residential use (or customary accessory use) and be in close
proximity to transit (a bus stop is located on the Cemetery Lane frontage of the subject
property). ADUs are allowed as conditional uses in the R-15 zone district.
One of the stated themes of the AACP with regard to "revitalizing the permanent
community" is to "increase resident housing." Also, the proposal is consistent with the
following purposes, goals, objectives and standards of the AACP:
. "Promote, market and implement Cottage Infill and Accessory Dwelling Unit
programs;"
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. "Develop small scale resident housing which fits the character of the community and
is interspersed with free market housing throughout the Aspen Area and up valley of
Aspen Village;" and,' ,
. "The public and private sectors together should develop . . . employee-occupied
accessory dwelling units, to achieve the identified unmet need to sustain a critical
mass of residents."
Staff finds that this conditional use application for the ADU complies with Section
26.60.040(A).
(8) 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.
The subject parcel is surrounded by residential uses, some of which have associated
accessory dwelling units, making the proposed ADU both consistent and compatible with
the existing residential development in the immediate vicinity. Development on the
subject property, one of the last undeveloped lots in a large, established residential
subdivision, really constitutes infill of a like use and density. Also see the last paragraph
of the Section 26.40.090, Accessory Dwelling Units portion of this memo, above.
(e) 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 properlies.
As mentioned earlier in this memo, the proposed ADU would appear as part of the
principal residences; thus, its location, size and design will minimize any potential
adverse visual impacts. No noise, vibration, or odor related impacts are anticipated.
The proposed ADU would operate like any other residence or ADU found in the
neighborhood. The anticipated impacts should be negligible. During the course of
review of the plans, staff has identified an opportunity for enclosed storage within the
residence/ADU structure. Plan A2.3 provides the basement floor plan. By moving the
suite door back from the ADU so that it would enclose the area below the stair landing,
that area under the stairway could provide secured and private storage for the ADU
resident. Indoor storage would be practical and minimize the likelihood of outdoor
storage and its potential impact on the neighborhood.
(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.
There are adequate public facilities and services to serve the proposed uses. The
residences would be within an existing, well-established neighborhood.
(E) The applicant commits to supply affordable housing to meet the incremental
need for increased employees generated by the conditional use.
While the proposed development of the ADU would not generate an increase in the
employment base, the applicant will be supplying an ADU which, pursuant to Section
26.40.090(A)(1), will be deed restricted, registered with the housing office, and available
for rental to eligible working residents of Pitkin County for periods of not less than six
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months in duration, thereby serving the need for increased affordable housing in the City
of Aspen.
(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 title.
The proposed conditional use will comply with all additional standards imposed on it by
the AACP and by all other applicable requirements of the Municipal Code, such as those
contained in Section 26.58.040, Residential Design Standards, unless variances are
granted by the Commission.
Section 26.58.040, Residential Design Standards
The design for the proposed residence was reviewed by staff against the Residential
Design Standards of Section 26.58.040. Staff found the proposed designs to comply
with all but two of the design standards, namely standards 26.58.040(F)(4), Garages,
Carports and Storage Areas, and (12), Volume.
Re: Garages, Carports and Storage Areas
As it applies to this application, this standard requires that all portions of a garage,
carport or storage area parallel to the street be recessed behind the front fa<;:ade a
minimum of ten (10) feet. If a variance is to be granted, it would have to be'based on
one of the following three criteria: -
(a) the proposed design yields greater compliance with the goals of the Aspen Area
Community Plan; or,
(b) the proposed design more effectively addresses the issue or problem the given
standard responds to; or,
(c) a variance is clearly necessary for reasons of fairness related to unusual site
specific constraints.
The site is a unique triangularly shaped lot and possesses steep slopes. Given these
constraints, the proposed location and orientation of the garage lend themselves better
to minimizing impacts through less cutting of the natural slope. If the garage were further
back on the site the result would be a steeper driveway and greater cut. In addition, the
location of the garage serves as a first "step" in the stepped back design of the
residence. This stepped back layout seems to better utilize the site instead of an
arrangement that would orient the residence more horizontally across the slope. The
orientation of the garage is such that the garage doors face toward the southeast and do
not directly face the street. This orientation moves away from the prototypical suburban
residential setting which was one of the intents of the garage placement standard. Staff
feels that the garage location variance is both necessary due to unusual site constraints
and is a more effective method of addressing the garage placement issue, criterion b
and c. Staff recommends the garage variance be granted.
Re: Volume
This standard requires that windows in any areas that lie between nine (9) and twelve
(12) feet above the height of the floor plate, and non-orthogonal windows in any areas
that lie between nine (9) and fifteen (15) feet above the height of the floor plate, result in
a doubling of the floor area calculation for the respective room.
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The proposed design for the residence contains "volume" standard violations only on its
east and south elevations. The east elevation as depicted on Plan A3.1 proposes two
deviations from the window standard. These deviations are rather small in nature and
are found along the top of the square dormer and arched windows. The other east
elevation is depicted on Plan A3.2 and comprises at least a third of the specific window
area, creating a substantial deviation from the standard. This east elevation of the
residence and ADU faces toward Cemetery Lane and will be quite visible. On the south
elevation, about half of the small square dormer windows and the set of three arched
windows above the balcony doors exceed the standard. (Note: Given the plans provided
by the applicant, it is difficult at this time to calculate the exact square footage of
nonconformity.) Staff has requested amended plans and presentation materials from the
applicant that clearly illustrate the specific areas that do not comply. In Exhibit A,
Applicant's Plans, staff has highlighted the window components that are not in
conformance with the standard.
Under the language of the volume penalty, the applicant has three (3) options once it is
determined that the proposed design does not comply: first, the applicant can choose to
redesign the proposal to comply with the standard; next, the applicant can appeal staff's
finding to the Design Review Appeal Committee or other appropriate board; lastly, the
applicant can choose to accept a floor area penalty which would double the calculation of
floor area in those spaces visually accessed though the non-conforming windows. The
applicant has chosen to appeal staff's finding to the Planning and Zoning Commission in
an attempt to obtain a variance. If a variance is to be granted, it would have to be based
on one of the following three criteria:
(a) the proposed design yields greater compliance with the goals of the Aspen Area
Community Plan; or,
(b) the proposed design more effectively addresses the issue or problem the given
standard responds to; or,
(c) a variance is clearly necessary for reasons of fairness related to unusual site-
specific constraints.
According to the pending revisions to the Residential Design Standards, the
purpose/intent of the "Volume" standard "is to ensure that each residential building has
street-facing architectural details and elements which prOVide human scale to the facade,
enhance the walking experience, and reinforce local building traditions." Although
pending code amendments do not hold any force in the review of current applications,
staff felt this information might be helpful in understanding the issues/concerns that the
, volume standard attempts to address.
Staff's evaluation of the proposed design does not yield a finding of greater compliance
with the Aspen Area Community Plan. If the requested variances are to be justified, it
would need to be on the grounds that either the proposed design more efficiently
addresses the issue or problem the given standard responds to, or is necessary for
reasons of fairness related to unusual site specific constraints. The following paragraphs
discuss the requested variances relative to the variance standards.
Staff does find that there are unusual site-specific constraints associated with the
property; however, these constraints do not necessarily make it unfair, impractical or
impossible to comply with the volume standard. Due to the verticality of the stepped back
layout of the residence and how this layout moves up the slope of the property, the taller
window arrangements may even add to the perception of height and stature of the
proposed development. In the context of the neighborhood, this specific layout, including
the window arrangement, does not move the development toward meeting this criteria or
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the criteria having to do with more effectively addressing the issue or problem the
standard responds to. It is possible to develop within the exact letter of the "Volume"
standard as put forth in the Code.
Hence, staff believes the applicant should be held to the letter of the standard and either
redesign the elevations or accept the floor area penalty for the corresponding internal
spaces.
STAFF FINDINGS: Based upon review of the applicant's land use application and the
referral comments, Community Development staff finds that there is sufficient information
to support the Conditional Use request with conditions. With the recommended
conditions of approval, the proposal meets or exceeds all standards applicable to the
review of Accessory Dwelling Units as conditional uses. With regard to the Residential
Design Standards, staff believes the requested "garage placement" variance meets
criteria band c, but the circumstances do not warrant positive findings of the criteria in
order to grant the "volume" variance. The applicant does have the option to redesign the
window elements to comply with the letter of the volume standard without compromising
moving forward on the residence and ADU.
RECOMMENDATION: Community Development staff recommends that the Conditional
Use request for an Accessory Dwelling Unit and the Variance to the Design Standard for
the garage placement only, on Lot 44, West Aspen Subdivision, be approved with the
following conditions:
1.) The building permit application shall include the following in addition to normal
submittal requirements:
a) a signed and recorded copy of the Planning and Zoning Commission Resolution
outlining the granted approvals and conditions, and on the cover sheet of the building
permit plan set and all other prints made for the purpose of construction, the
language of any and all conditions of approval;
b) a signed and notarized letter from the contractor indicating that all conditions of
approval are known to and understood by him/her;
c) working drawings to verify compliance with all applicable dimensional
requirements;
d) plans for all utility meter locations; locations must be accessible for readings and
may not be obstructed;
e) a current Site Improvement Survey indicating the nature of all easements of
record indicated on the property title commitment;
f) a copy of the recorded plat showing Lot 44, West Aspen Subdivision;
g) a $50 fee in lieu of digital submission requirements;
h) a completed and recorded sidewalk, curb and gutter construction agreement and
an agreement to join any future improvement districts for the purpose of constructing
improvements which benefit the prosperity under an assessment formula.
i) a completed and recorded ADU deed restriction on the property, a form for which
may be obtained from the Housing Office. The deed restriction shall be noted on the
building permit plans.
j) a storm drainage report and mitigation plan, including permanent and temporary
erosion control, water runoff, sediment control, contaminant control and retention
components (24" x 36" size plan sheet or on the lot grading plan) prepared by a
Colorado licensed Civil Engineer which addresses pre-, post- and during construction
conditions and in accordance with Section 26.88.040(C)(f) of the Land Use Code;
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k) indication of whether aground injection or re-charge type drainage system is
proposed (Le., drywells) and if so, a soils report establishing percolation rates will
need to be included;
I) indicate that drywells will not be permitted within utility easements;
m) indicate through the above-referenced drainage plans that foundation drainage
systems will be detained on site;
n) a tree removal or relocation permit from the City Parks Department for any trees
to be removed orrelocated;
0) an executed copy of an agreement to join any future improvement district(s)
which may be formed for the purpose of constructing improvements in adjacent
public rights-of way; and
p) a completed and approved tap permit with the Aspen Consolidated Sanitation
district. The applicant shall connect the ADU to the sanitary sewer in a manner
acceptable to the ACSD superintendent.
2.) The building permit plans shall reflect/indicate the following in addition to normal
submittal requirements:
a. conformance with all aspects of the City's Residential Design Standards unless
specific variance has been granted;
b. that the proposed ADU is labeled as such and meets with the definition of
Accessory Dwelling Unit;
c. that the ADU will contain a kitchen having a minimum of a two-burner stove with
oven, standard sink, and a 6-cubic foot refrigerator plus freezer.
d. that the ADU has the minimum one (1) off-street parking space provided. The
ADU space must have clear access and cannot be stacked wi~h a space for the
primary residence;
e. that the ADU meets all applicable USC requirements for light and air
f. that the roof is designed to prevent snow and ice from falling on, or building up
on, the entrance to the ADU;
g. that the ADU plan is amended to prOVide for a private and secure storage area
for the ADU by moving the basement level suite door to a location so that the
space under the stair landing may be part of the ADU;
h. conformance with the City's requirements for driveways. Driveways must be
separated by 25 feet or more (including neighboring driveways), and must be
paved from the edge of the street to the property line. The City Engineer may
approve paving alternatives; ,
L a fire suppression system if the gross square footage of the structure exceeds
5,000 square feet or if determined by the Fire Chief to be necessary because of
fire and emergency access constraints of the proposed driveway.
j. a five (5) foot wide pedestrian usable space with a five (5) foot wide buffer for
snow storage at the edge of the street paving.
3.) The applicant should provide separate utility taps and meters for each residential
unit.
4.) All utility meters and any new utility pedestals or transformers must be installed on
the applicant's property and not in any publiC right-of way. Easements must be
provided for pedestals. All utility locations and easements must be delineated and
described on the site improvement survey. Meter locations must be accessible for
reading and may not be obstructed.
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5.) The applicant must receive approval for any work within the pUblic right-of way
from the appropriate City Department. This includes, but is not limited to, approval
for a mailbox and landscaping from the City Streets Department.
6.) All construction vehicles, materials, debris shall be maintained on-site and not
within public rights-of way unless specifically approved by the Director of the Streets
Department. The applicant shall inform the contractor of this condition.
7.) The applicant and contractor shall abide by all noise ordinances. Construction
activity is limited to the hours between 7 a.m. and 10 p.m.
B.) Prior to the issuance of a Certificate of Occupancy, the applicant shall permit
Community Development Department, Engineering and Housing Office staff to
inspect the property to determine compliance with the conditions of approval.
9.) The proposed design has been granted a variance from Section 26.5B.040(F)(4)
of the Residential Design Standards, Aspen Municipal Code. All other requirements
of the Residential Design Standards shall be complied with.
10.) Before applying for a building permit, the applicant shall record this Planning and
Zoning Resolution, and pay the associated fee, with the Pitkin County Clerk and
Recorder located in the Courthouse Plaza Building. The applicant may utilize the
City Clerk for this recordation process upon payment of recordation fees.
11.) All material representations made by the applicant in the application and during
the meetings with the Planning and Zoning Commission shall be adhered to and
considered conditions of approval, unless otherwise addressed by other conditions.
12.) If the proposed use, density, or timing of the construction of the project Change or
the site. grading, drainage, parking or utility plans for this project change subsequent
to this approval, a complete set of the revised plans shall be provided to the
Engineering and Community Development Departments for review and re-
evaluation.
13.) Prior to issuance of any building permits, a review of any proposed minor
changes from the approval, as set forth herein shall be made by the Community
Development and Engineering Departments, or referred back to the Planning and
Zoning Commission.
RECOMMENDED MOTION:
"I move to approve the Conditional Use allowing an Accessory Dwelling Unit and to
approve a Variance to the Design Standard, for garage placement only, on Lot 44, West.
Aspen Subdivision with the conditions outlined in the Community Development
Department memo dated May 4, 1999."
EXHIBITS: "A" - Applicant's Land Use Application/Plans
"B" - Referral Agency Comments
"C" - Vicinity Map
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EXHIBIT A
GALAMBOS / MUIR ARCHITECTS
ARCHITECTURE & PLANNING
Design Narrative
Lot 44, West Aspen Subdivision
Alice M. Brien, Applicant
1. Overview (please note that a site/structure model of the proposed home will be
provided at the public hearing)
The site comprises the toe of Red Butte adjacent to the intersection of Cemetery Lane and
Silver King Drive, zoned R-15. Except for a small relatively flat area in the northeast
comer (mostly In the front yard setback) the site is steeply sloped. The applicant proposes
a three-level wood-framed custom home, with the two lower levels being partially below
grade, The allowable floor area is 3,408 square feet after taking the maximum 25% floor
area reduction fur a sloping site, The proposed floor area is 3,370 square feet by
Department of Community Development standards after deductions for the garage and
the partial sub-grade conditions of the basement and first floor. Actual gross floor area is
4,858 square feet; the net livable floor area is 4,406 square feet. Adjacent structures on
the west side of Cemetery Lane and the North side of Silver King drive are two-story
residential and generally unremarkable in character. None of these sites are as steeply
sloped as the subject site,
Every effort has been made to make the home fit the site in a harmonious fashion, with
each successive floor level set back from the one below as the home steps up the site, The
home has been placed as far back from Cemetery Lane as possible to provide acoustic
and visual separation from this busy street as well as the adjacent RFTA bus stop.
Placement also seeks to use existing cottonwood trees at the southeast comer of the site
as screening elements. Exterior wall materials consist of stone, stucco, wood shingle
siding, wood window trim, and log/timber trusses and accents. Stone type will be
complementary to the reddish tones of the native soil, Roofing material will be jumbo
cedar shake.
Driveway access has been placed as far from the intersection of Cemetery Lane and
Silver King Drive and the adjacent RFTA bus stop as is practical. Major public utilities
are available on Cemetery Lane,
208 MAIN STREET CARBONDALE. COLORADO 81623
PHoNE; (970) 704-9750 FAX: (970) 704-0287 E-MAIL: GALAMBOS@SOPIllS.NIrr
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Copies of the applicant's easement agreement with the City of Aspen grariting the City a
perpetual trail easement across the subject property have been provided with this
application. The proposed alignment of this trail is shown on the grading and landscape
plans, sheets L-I and L-2. The applicant undertook to provide this easement on her own
initiative after considering that an opportunity for the City to incorporate existing
"unofficial" trails into the City's established trail system would be a benefit to the
community as a whole. The applicant respectfully requests that the Department of
Community Development and the Planning and Zoning Commission consider this act a
good-faith demonstration of her desire to build a project that is an asset to the
community, both functionally and aesthetically,
1. Accessory Dwelling Unit
Applicant seeks to exempt the project from GMQS Scoring & Competition procedure
through the construction of an Accessory Dwelling Unit. No floor area exemptions or
dimensional variances are requested in connection with this unit. The unit is attached to
the main structure in a subordinate location on the north end of the basement level (see
sheet A2.3). Grade configuration in this area allows for a walk-out condition (see east
elevation, sheet A3.1, and north elevation, sheet A3.4). The entry door is on the north
side and a stone stepping path is proposed from the entry door to the adjacent
driveway/parking area (see landscape plan sheet L-2). The net livable floor area is 370
square feet. The floor plan of the unit (see sheet A6.1) proposes a studio-style
arrangement, with a low wall separating the unit into living and sleeping areas, Per the
floor plan, the sleeping area allows for a queen bed, side table, wardrobe, and dresser,
The living area is sized for a kitchenette, seven-foot couch with end tables, T,V. cart, and
a bistro table. A separate bath with shower is provided. A glass entry door and two
windows provide over 80 square feet of glazing and ventilation, with pleasant views east
to Aspen and Independence pass and north to Hunter Creek.
2. Residential Design Standards (Ordinance 30) - Garages & Driveways
Applicant requests a variance for the requirement that garages parallel to the street be
recessed 10 feet from the front ~e,
The proposed garage is located at the east end of the basement level (see sheet A2,3)
within 10 feet of the front fa9ade, The applicant recognizes that the prominence of the
site requires sensitivity to grading issues; this location allows fora greater horizontal
driveway distance from the street entry point and the garage, substantially softening the
grading required, and reducing the driveway's visual impact from the street (see Grading
and Landscape plans, sheets L-I and L-2). This location allows the garage doors to be
rotated away from a parallel relationship to the street, reducing their visual impact as
well. The proposed garage provides a one-story element at the front of the structure,
consistent with the concept of massing that "steps" up the slope of this unusual site, The
proposed garage is substantially screened from the street by existing and proposed
planting and by its separation from the street (seven feet vertically and 40 feet to the curb
horizontally).
.
-".
.'r ','"
, J
.
4. Residential Design Standards (Ordinance 30) -Exterior Plate Height Expression
Applicant requests a variance for the requirement that exterior ~depenetrations
(windows) between nine and twelve feet above finiShed floor (nine and fifteen feet for
circular or non-orthogonal penetrations) incur an floor area penalty.
a. I-story gabled end wall at the Great Room - (see First Floor Plan, sheet A2.I, east
elevation, sheet AJ.I, east elevation #2, sheet AJ.2) Gabled roofs are used throughout the
proposed structure to impart a more rustic feel appropriate to the site, At the East end of
the Great Room the proposed windows break down this gable in a desirable way and
provide logical transition points between the different exterior materials. This element is
substantially screened from Cemetery Lane by the garage element below and in front and
by its vertical separation from the street (nineteen feet to finish floor). In fact from the
street the garage would conceal the lower half of this window set, Existing and proposed
planting provide additional screening.
b. 1.5 story stone gabled end wall at the Entry Foyer -(see First Floor Plan, sheet A2,I,
east elevation, sheet AJ.I) This gabled element is used to break up this portion of the east
elevation and, along with the stone entry stair and covered porch, provides a strong entry
element. The window proposed strikes an appropriate aesthetic balance between stone
and window area, Horizontal and vertical separation from Cemetery Lane, along with
proposed planting, provides partial screening from the street,
c.' I-story gabled end wall at Master Bedroom - (see Second Floor Plan, sheet A2.2,
south elevation, sheet AJ.2) As with the Great Room, windows proposed break down a
tall gabled element in a more desirable way and provide logical transition points between
the different exterior materials. This element faces south and has very low street impact
since it is separated from Silver King Drive by adjacent residential structures as well as
the balconylkitchen element in front,
d. Saddle dormer elements at the Great Room, Guest Master Bedroom, and Master
Bathroom - (see first & second floor plans, sheets A2.I and A2.2, east and south
elevations sheets AJ.I and AJ,2) Saddle dormers and the window sets within are used to
break up the eave lines for more visual interest and to provide transition points for
exterior materials, In the Guest Master Bedroom the vertical separation and the
balcony/A.D.U. element in front will conceal most of the lower half of this window as
seen from the street. The dormer/window sets in the Great Room and Master Bathroom
face south and have very low street impact since they are separated from Silver King
Drive by adjacent residential structures.
.
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PROJECT:
!"""'\ LAND USE ApPLlCATION~
Name: (~~( I~TIJM \-\"()M&
L. I -- 44 111 ^ - /' '1N;E.RSECTiOi-l Or- i
ocatlOn: _1-01 V'IEhr t""bPFJ..J ';J'J12..DI\lIC,trt-J CEM=""" LN. ioSlL..""":E" l:JNL
(Indicate street address, lot & block number, legal description where appropriate) ,
ApPLICANT:
Name: AL\("r::=- BRiEJ.-l
Address: _p{) p'IlX 1\915
Phone #: 7 2..5 .
A6FF.J....l. Co 8 itOl2.
,
REPRESENTATIVE:
Name:
Address:
Phone #:
r;/>.U.M~ / Ml"f<. APrM1TFfJ'~
I
r":AR.RnNDAI';:::j C (', P,I":;2-"'2,
TYPE OF ApPLICATION: (please check all that apply):
~ Conditional Use 0 Conceptual PUD
D Special Review 0 Final PUD (& PUD Amendment)
Design Review Appeal 0 Conceptual SPA
GMQS Allotment 0 Final SPA ( & SPA Amendment)
GMQS Exemption 0 Subdivision
ESA - 8040 Greenline, Stream 0 Subdivision Exemption (includes
Margin, Hallam Lake Bluff, condominiumization)
Mountain View Plane
Lot Split
Lot Line Adjustment
D
D
D
D
D
o
o
Temporary Use
Text/Map Amendment
o Conceptual Historic Devt
o Final Historic Development
o Minor Historic Devt,
o Historic Demolition
o Historic Designation
o Small Lodge Conversion!
Expansion
o Other:
EXISTING CONDITIONS: (description of existing buildings, uses, previous apprQvals, etc,)
I f-Jni-.iFj - hl:TF-. Ie:., {)J.J.n;:=;n=LOPFD
PROPOSAL: (description of proposed buildings, uses, modifications, etc.)
I
NJ;::'>AJ <<;JJ..J(;.I ~" t=',A/-J.1I ><
i-\nM1=;:.
Have you attached the following?
D Pre-Application Conference Summary
D Attachment #1, Signed Fee Agreement
D ResPonse to Attachment #2, Dimensional Requirements Form
D Response to Attachment #3, Minimum Submission Contents
D Response to Attachment #4, Specific Submission Contents
D Response to Attachment #5, Review Standards for Your Application
FEES DUE: $
~
,,.-,,,,
~
130 S. Galena SI., Aspen, CO 81611 970-920-5090
Post-It" brand fax transmittal memo 7671 Hot pages >
To AI..'
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Co.
Co.
Aspen/Pitkin
Community
Development
Department
Dept.
Phone #
Fax #
- O~Br Fad
Fax
To: <::J Dh.~ .M.tA1'V- From: <;j 0 yu.... A. Ohl&Cv,
. 704-_ 021[,':1- .
Fax: Pages: 5 In'-. CO v.e.r
Phone: Date: 5/t'L/f/iq
Re: 8YioU\. ADu. CC:
o Urgent 0 For Review 0 Please Comment 0 Please Reply 0 Please Recycle
. Comments:
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EXHIBIT B
MEMORANDUM
To:
Joyce Ohlson, Deputy Community Development Director
Thru:
Nick Adeh, City Engineer 7tA- '7 el-
Chuck Roth, Project Engineer Clt:-
From:
Date:
April 16, 1999
Re:
Brien Residence Conditional Use for an Accessory Dwelling Unit
(Lot 44, West Aspen Subdivision)
The Development Review Committee has reviewed the above referenced application at their March
3 I, 1999 meeting, and we have the following comments:
General - If the proposed site plan is modified from the one presented in the application, as
discussed in the DRC meeting, the Engineering Department should review the new site plan to
verify that these comments are still pertinent to the development and to review the proposed design.
No additional information is necessary at this time, although if the proposed use, density, or timing
of construction of the project change, or the site, parking or utility plans for this project change
subsequent to this review, a complete set of the revised plans shall be provided to the Engineering
Departinent fOr review and re-evaluation. The discussion and recommendations given in this
memorandum apply to the application and plans provided for this review and such comments and
recommendations may change in response to changes in the use, density, or timing of the
construction of the project, or changes in the site, parking Or utility designs.
I. Improvement Survey - Survey needs to state nature of boundary line easements and label utility
features adjacent to property and manhole on property. Although the manhole lid on the property is
inscribed "sewer", the Sanitation District has informed us that it is not theirs. The applicant needs
to determine what the function is of the manhole, and any appurtenant underground improvements,
so that it can be properly labeled on the improvement survey and considered in the site de,:;ign. The
architectural site plan indicates a bus stop and an electric transformer that are not shown and that
need to be indicated on the improvement survey. Is there a drainage swale along Cemetery Lane?
2. Site Drainae:e - The existing City storm drainage infrastructure system is does not have
additional capacity to convey increased storm runoff. The site development approvals must include
the requirement of meeting runoff design standards of the Land Use Code at Sec. 26.88.040.C.4.f
and a requirement that the building permit application include a drainage mitigation plan (24"x36"
size plan sheet or on the lot grading plan) and a report signed and stamped by an engineer registered
in the State of Colorado, submitted as part of the building and site plan, as well as a temporary
r'i
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..
sediment control and containment plan for the construction phase. If drywells are an acceptable
solution for site drainage, a soils report must be provided with percolation test to verify the
feasibility of this type system. Drywells may not be placed within utility easements. The
foundation drainage system should be separate from storm drainage, must be detained on site, and
must be shown on drainage plans prior to permit drawings. The drainage may be conveyed to
existing landscaped areas if the drainage report demonstrates that the percolation rate and the
retention volume meet the design storm. Drainage from the driveway is of special concern.
3. Sidewalk. Curb and Gutter - The development plans need to indicate a five foot wide
pedestrian usable space with a five foot buffer for snow storage, where feasible. The applicant
needs to sign a sidewalk, curb and gutter construction agreement, and pay recording fees, prior to
issuance of a building permit. Note that there is insufficient space between the property line and the
existing edge of pavement for the pedestrian area along the entire frontage. The applicant should be
requested to, but cannot be required to, dedicate an easement for the pedestrian area where needed.
4. Drivewavs - Maximum allowable width within public right-of-way is 18' plus two 3' wings.
The driveway grades should be designed to anticipate the possible construction of sidewalk in the
future,
5. Parks Department - The applicant needs to convey an as-built easement, prior to certificate of
occupancy, for an existing trail which will be reconfigured. The applicant needs to obtain a tree
removal permit from the Parks Department. Scrub oak trees are included in tree permits.
6. Housing Office - There needs to be a double door between the ADD and the house.
7. Utilities - Preliminary information from the City Water Department is that the manhole lid
labeled "sewet;' that is on the property is a lid on a pressure reducing vault. An easement needs to
be conveyed for the vault and the waterline. This should be confirmed by the surveyor with the
City Water Department.
No trees may be planted in the lot line utility easements. Any landscaping in the vicinity of
the Holy Cross facilities in the public right-of-way, at the southerly corner of the parcel, must be
approved by Holy Cross. Because of the corner location, maximum height of plantings and mature
plantings may not exceed 42" above street grade. Any landscaping shown on the building permit
application is not approved by the building permit process and must be separately applied for with a
permit for working in the public right-of-way, also available at the Community Development
Department.
8. Fire Marshal - If the area of the structure exceeds 5,000 square feet, sprinklers must be
installed. The plans will be reviewed by the Fire Marshall at the time .of application for a building
permit.
9. Work in the Public Ril:ht-of-way - Given the continuous problems of unapproved work and
development in public rights-of-way adjacent to private property, we advise the applicant as
follows:
,
"
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,~
)
The applicant must receive approval from city engineering (920-5080) for design of
improvements, including landscaping, within public rights-of-way, parks department (920-5120)
for vegetation species and for public trail disturbance, and streets department (920-5130) for
mailboxes, street and alley cuts, and shall obtain permits for any work or development, including
landscaping, within public rights-of-way from the city community development department.
DRC Attendees
Staff: Joyce Ohlson, Chris Bendon, Ed Van Walraven, Russell Grance, Stephanie Levesque, John
Krueger, Ross Soderstrom
Applicants: Alice Brien, John Muir
99M52
I"'"
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MEMORANDUM
TO:
Joyce Ohlson
FROM:
Sara Thomas, City Zoning Officer
RE:
Brien Residence Conditional Use for an ADU
DATE:
April 9, 1999
Lot 44, West Aspen Subdivision is a 15,734 square foot parcel located in the R-15 zone
district. The following dimensional requirements apply to this parcel:
Front yard setback
Side yard setback
Rear yard setback
Site Coverage
Open Space
Height
25 feet
10 feet
10 feet
No requirement
No requirement
25 feet
The majority of the parcel contains slopes in excess of20-30% requiring that the
maximum slope reduction be applied when calculating the permitted floor area. Floor
area can be reduced by no more than 25% due to slope, allowing for a permitted floor
area of 3408 square feet for this parcel.
The proposed structure appears to conform with all setback requirements. Building
height and floor area cannot be verified at this time as the application packet contains
insufficient data for this level of review. All dimensional requirements will be verified at
time of building permit application.
APR 01 '99 ' 10: 52A~N HOUSING OFC
.~
P.l
',Housing Office
City of Aspen/Pitkin County
530 East Main Street, lower level
Aspen, Colorado 81611
(970) 920-5050
Fax: (970) 929-5580
MEMORANDUM
FROM:
DATE:
JQ)'t:e Ohlson, Community Oeve/opl'nent Pep!.
Stefania, A. Levesque, Housing Offioe .:t;t....
April 1, 1999
"
TO:
RE: Brfell - LoI44, WeatAsperl Subdivision ADU
Pal"lCllD No, .
REgUESTI The applicant Is requesting approval for an accessory dwelling unit tp be'located in the IpWer
level of the main home. '
BACKGROUND: According Ie Seclion 28.40.Q90. At.lesSOl)f Dwelling Units, a unit shall contain' not I~s
than 300 square feet of net livable area and not mora than 700 squllre teet of net livable area.
ISSUES: When the Housing Office reviews plal'lS for an accessory dwelling unit, there are .particular areas
that are given spe<liel atten~on. They are as follows:
, .
1, The unit must. be a totally private unit, which means the unit must have a private entrance arn::lth6re
"shall be no other rooms in thi& unn that need to be utilized by the, individuals in the princiPlll
residence; i.e., a mec:lianicel room for the prlnolpal residenoe.
2, The kllohen includes a mlnirillm of a two.bumer stove with oven, stendard sink; and' a 6-cubic fool
reft'!gerator plus freezer.' . ,
3, The unit is required 10 have a certain percentage of nalurallight inlo 1l:le unit;'l.e., windoWs; sliding.
glass dOor, windOW wells, e1X:.. especially if the un~ is'located below grade. The Unifotm' Building
Cede requires that 10% Of the floor area of a unit need$1o have nalurallight. Nlltural, light is defined
as light which is clear arid open to the sky.
. ,
4. Should the unit be used 10 obtain an FAR bonu~, the unit MUST be rented to a qualified employee,
5. A deed r:estrletion MUST be recorded PRIOR 10 building permit approval. The deed restrictlon shall
be obtained from the Housing Office.
RECOMMENDATION: After reviewing the application, the Housing ,OffICe recommends approval on u'e
cond~ion that Issues 1-5 above'llI'e met prior to bJJndlng permit apprtMll. Prior 10 C,Q, !he Housing Office
requires a site lour to inspect the un~. '
\referral\brien,adu
.-.',
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Aspen Consolidated Sanitation District
Sy Kelly' Chainnan
Paul Smith' Treas '
Michael Kelly' Secy
AprilS, 1999
RECEiVED.
APR 7 1999
John Keleher
Frank Loushin
BruceMatherly, Mgr
Joyce Ohlson
Community Development
130 S. Galena
Aspen, CO 81611
ASPEN J 1"11 KIN
COMMUNITY DCVELOPM"NT
, Re: Brien ADD
Dear Joyce:
The lot referred to in this application is located within the District's service area. There are no
sanit~ sewer facilities located on this particular lot. The location of the District's system has
been faxed to Ross Soderstrom of the City engineering department. The nearest public line is
located in the intersection of Snowbunny and Cemetery Lanes.
Service to the property is contingent uponcompliancl( with the District's rules, regulations, and
specifications which are on file at the District office. Once detailed plans are available, a tap
permit can be completed at our office which will estimate the total connection charges for the
development. We would request, as a condition of approval, that a tap permit be completed and
the total connection fees be paid prior to the issuance of a building permit.
Please call if you have any questions.
Sincerely,
'b--- <-<-- "')-v...-n.~
Bruce Miltherly
District Manager
565 N. Mill St.,Aspen, CO 81611 / (970)925-3601 / FAX (970) 925-2537
'-:'":\
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, EXHIBIT C
~
,1"""'\
I
MEMORANDUM
TO:
Joyce Ohlson, Deputy Director
Community Development Department
John D. Krueger, Trails Coordinator, Parks Department
FROM:
RE:
Brien Residence conditional use for an ADU
DATE
April 25, 1999
Upon review of the application the Parks Department offers the following comments:
The Parks Department would like to thank the applicant for granting a trail easement to
provide access to such an important piece of open space as the Red Butte p~1.
The Parks Department has pledged to work with the applicant on the design and location of
. the trail as defined in the trail easement agreement. The proposed trail alignment as
represented on the landscape plan may change within the easement area depending upon the
applicant's final landscape plan. It is important to note that it is critical for the trail to reach the
Red Butte property via the defined easement area, which could take the trail as high as the
781O-elevation line on the property.
It is also, important to remind the applicant, as stated at the DRC meeting, that there is
potential for another trail along the front of the property that would be part of a trail up and
down CemeteIy Lane.
1""'\
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PUBLIC NOTICE
RE: LOT 44 WEST ASPEN SUBDIVISION, CONDITIONAL USE FOR AN
ACCESSORY DWELLING UNIT
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, May 4,
1999 at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning
Commission, Sister Cities Room, City Hall, 130 S. Galena St., Aspen, to consider an '
application submitted by Alice Brien, P.O. Box 11915, Aspen, CO 81612, requesting
Conditional Use approval to construct an accessory dwelling unit. The property is located
at the intersection of Snowbunny Lane and Silver King Drive, and is legally described as
Lot 44, West Aspen Subdivision, For further information, contact Joyce Ohlson at the
Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO (970)
920-5062, joyceo@ci.aspen.co,us.
sJRobert Blaich, Chair
Aspen Planning and Zoning Commission
Published in the Aspen Times on April 17 , 1999
City of Aspen Account
~
.
,,....,
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Suzanne Wolff, 04:01 PM 3/29/99 , brien residence
X-Sender: suzannew@comdev
Date: Mon, 29 Mar 1999 16:01:03 -0600
To: j oyceo
From: Suzanne Wolff <suz.annew@ci.aspen.co,us>
Subject: brien residence
The County does not have any comments on this application at this
time. I
assume that the Parks Dept is "on it" regarding the trail access to
Red
Butte. In general you don't need to refer applications like this to
the
County - I'm not sure what the referral requirement is in the City
Code, but
we generally only review "larger" applications or ones with direct
impacts
on adjacent County property.
Printed for Joyce Ohlson <ci,aspen.co.us>
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MEMORANDUM
TO:
Plans were routed to those departments checked-off below:
. ........... City Engineer
. ........... Zoning Officer
. .......,... Housing Director
. ........... Parks Department
. ........... Aspen Fire Marshal
0.......,... City Water
0........... Aspen Consolidated Sanitation District
. ........... Building Department
0........... Environmental Health
o ........... Electric Department
0........... Holy Cross Electric
0........... City Attorney
0........... Streets Department
0........... Historic Preservation Officer
. ........... Pitkin County Planning
FROM:
Joyce Ohlson, Deputy Director
Community Development Department
130 So. Galena St.; Aspen, CO 81611
Phone-920.5062 Fax-920.5439
RE:
Brien Residence conditional Use for an ADU
DATE:
March 25, 1999
REFERRAL SCHEDULE
DRC MEETING DATE:(note time: 1:30-3:00)
OTIlER REFERRALS DUE TO PLANNER:
ENGINEERING REFERRAL DUE TO PLANNER:
March 31, 1999
April 7, 1999
April 9, 1999
Thank you,
Joyce.
I....\
(',
Ross Soderstrom, 02:56 PM 4/1/99
Brien ADU appl. for ACSD
X-Sender: ross@comdev
Date: Thu, 01 Apr 1999 14:56:10 -0700
To: joyceo@ci.aspen.co.us, acsdoffc@rof.net, lonniew@ci.aspen.co.us,
philo@ci.aspen.co.us
From:. Ross Soderstrom <ross@ci, aspen. co. us>
Subject: Brien ADD appl. for ACSD
Cc: rebeccas@ci.aspen,co.us
Joyce:
Pls send a copy of the Brien ADD application to Tom Bracewell at the
Aspen
Cons. Sanitation District and to the City Water Dept. for review &
comment, Pkil OV(yP~ ftv\'
I visited the site this morning and tHe manhole7lid~ocated within the
property is labeled "sewer" which may not be what is actually under
the
ground, In any case, if this manhole / vault is active, the proper
utili ty
company will need an easement for the facilities (size depends on the
facilities, size and depth) . (The lid is a 24" dia. manhole lid
embossed
with "sewer": Is this a water vault by chance?) .
The manhole and vault at the south end of the property are both
electric
vaults (Holycross Energy). High voltage electric lines run from the
switch
gear (northeast corner) to these splice vaults (southeast corner,
along
Cemetery Rd frontage) in the R-O-W and easement, therefore no trees
should
be planted along the easement in the front of the property nor in the
r-o-w
due to the high voltage electric lines. I'll address this in my
memo.
Thx.
Ross S.
PRJ2~ ~
~
4('1..-
Printed for Joyce Ohlson <ci.aspen.co.us>
1
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Sarah Oates, 08:45 AM 3/30/99 , Re: Brien adu
X-Sender: saraho@comdev
Date: Tue, 30 Mar 1999 08:45:07 -0600
To: j oyceo
From: Sarah Oates <saraho@ci,aspen.co,us>
Subject: Re: Brien adu
Julie Ann told John Muir that the Brien adu would be scheduled for
April 20,
but something has already been scheduled for that date (AACP), So,
you
might want to call and let him know that his case will be on the May 4
agenda.
>Date: Mon, 29 Mar 1999 15:58:58 ~0700 (MST)
>X-Sender: ju1iew@comdev
>To: Sarah Oates <saraho@ci,aspen.co.us>
>From: Julie Ann Woods <ju1iew@ci,aspen.co,us>
>Subject: Re: Brien adu
>
>Yeah--1 goofed. I think the May 4th P&Z should be okay. We aren't
doing
>buttermi1k, but we're going to do AACP instead. JA.
>
>
>At 09:38 AM 3/26/99 -0600, you wrote:
>>You had mentioned to John Muir that we may be able to get him on the
April
>>20 agenda--that is reserved for the Buttermilk Master Plan work
session with
>>the county P&Z. Are we going to try to squeeze him in there? Let
me know,
>>because the notice is due Tuesday. Even if we had looked at his
case any
>>earlier he wouldn't be on the agenda any earlier--he couldn't have
met the
>>noticing requirements for 1st Tuesday in April.
>>
>>1'11 be out monday, but if we do decide to let him on the agenda I
should be
>>ab1e to whip out a notice fairly quickly,
>>
>>
>>
>
>
>
Printed for Joyce Ohlson <ci.aspen.co.us>
1
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i~
EASEMENT AGREEMENT
THIS AGREEMENT made this ~ day of 'ly ~QA~b.t(" , 1998, between
the City of Aspen, Colorado, a municipal corporation (hereinafter referred
to as "City") and Alice Brien, owner of Lot 44 of the West Aspen
Subdivision, Filing 2 (hereinafter referred to as "Grantor"),
WHEREAS, Grantor has Lot 44 of the West Aspen Subdivision,
Filing 2, Pitkin County, Colorado, under contract to purchase with a
scheduled closing date of January 15, 1999, and
WHEREAS, the City wishes to acquire a trail easement and construct a
trail over a portion of Lot 44 of the West Aspen Subdivision, Filing 2, and
WHEREAS, in the event that Grantor actually purchases the said property,
Grantor is desirous of granting the City a certain future perpetual trail
easement and right-of-way across Lot 44 of the West Aspen Subdivision,
Filing 2, for the purpose of providing unlimited access to trail users to the
Red Butte Open Space area under the tenus and conditions
hereinafter specified.
NOW, THEREFORE, for and in consideration of the sum of ten dollars'
($10.00) and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged by Grantor, the Grantor
hereby grants and conveys to the City, its successors and assigns, for the
benefit of the general public, a perpetual and exclusive trail easement across
the area shown in Exhibits A and B, attached hereto and by this reference
incorporated herein, and which is more fully described herein, for the
purpose of providing unlimited access to trail users to the Red Butte Open
Space area under the tenus and conditions hereinafter specified.
Specifically, the trail shall be built by the City at its sole cost and expense
within the triangular piece of property as it appears on Exhibit A. Grantor
and City shall cooperate in detennining the exact location of the trail within
the described triangular area, In no event shall the trail be constructed above
the elevation lines which comprise the western boundaries of the triangular
area described in Exhibit A.
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~
Exhibit B indicates the approximate placement of the trail on Lot 44.
However, the parties understand and acknowledge that the exact location
of the trail easement is not known at this time, The proposed trail shall
be built within the area described in Exhibits A and B, subject only to
the terms and conditions set forth below, Following the construction of
the trail, the City shall cause the alignment to be surveyed and prepare an
as-built legal description of the trail easement. The alignment of the
easement shall be determined at the time of the survey. The trail and legal
description shall then be shown as an amendment to the final plat and
recorded with the County Clerk and Recorder, all at the sole cost and
expense of the City,
THE ABOVE-GRANTED TRAIL EASEMENT and right-of-way
is subject to and specifically conditioned upon Grantor purchasing Lot 44
and upon the following terms, agreements, and reservations:
1, Simultaneously with the construction, the City shall work with
the Grantor or subsequent successor in interest to design an appropriate
landscaping plan to screen the trail from the home on Lot 44.
2. The landscape design shall to the extent possible be coordinated with
the landscaping planned for the rest of the lot. The landscaping may
possibly include a split rail fence, signage at the trail head, an earth-form
berm, trees, and vegetation necessary to provide privacy to the homeowner
and direction to the trail users,
3. The City shall maintain the trail, fence, and signage,
4. The City shall contribute twelve thousand dollars ($12,000,00) towards
any landscaping which Grantor desires to locate within the triangular area
described in Exhibit A in order to mitigate any disturbances caused by the
construction of the trail or to improve the landscape of the remainder of Lot
44. The City shall not be responsible for the continued maintenance of any
landscaping planted by Grantor outside of the actual as-built and surveyed
trail easement.
5. No motorized vehicles, except City trail maintenance vehicles, shall be
allowed on the trail.
6. The City agrees to use reasonable care in construction of improvements
r""""
,......,
within the area of the trail easement and agrees to avoid damage to the
surrounding land and improvements thereto, and further agrees to restore
such land and improvements to their condition as they existed prior to any
construction, improvements, or repairs to the trail.
8. It is the intention of the parties to make the land available to the public
for recreational purposes without charge, and to limit the parties' liability to
persons entering thereon for such purposes, In the event that either or both
of the parties might otherwise be liable under applicable state statutes, City
hereby agrees, to the extent permitted by law, to indemnify and hold Grantor
hannless from and against claims or awards for loss, damage, or any liability
including reasonable attorney's fees and costs, which may result from City's
acts or omissions covering and including, but not by way of limitation,
installation, excavation, fill, construction, maintenance, repair, replacement,
public use or location of the trail as subsequently determined by a court of
competent jurisdiction. Nothing herein shall constitute a waiver of City's
rights as provided in Section 24-1-101, et seq., C.R,S,
9. Subject to the conditions set forth herein, Grantor hereby grants to City
a temporary construction license over and upon the land described herein
and in Exhibits A and B during the time period necessary to construct the
trail.
10. All covenants and conditions of this agreement shall be specifically
enforceable, as applicable, by any appropriate legal action after thirty (30)
days written notice. In the event that the parties resort to litigation or
alternative dispute resolution, the prevailing party shall be entitled to
recover damages and costs, including reasonable attorneys' fees.
II. No claim of waiver, consent or acquiescence with respect to any
provision of this agreement shall be valid against the Grantor, except on the
basis of a written instrument, executed and accepted by the Grantor.
TO HAVE AND TO HOLD the said easement unto City, its successors
and assigns forever. The provisions and covenants hereof shall inure to and
be binding upon the parties, their successors, assigns, heirs, and legal
representatives,
IN WITNESS WHEREOF, the parties have executed this instrument the
day and year first above written.
.'
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STATE OF COLORADO)
) ss.
County of Pitkin )
The foregoing instrument was acknowledged before me this~ day of
,1J;M lM.1.~..tf ,1998, by Alice Brien.
WITNESS MY HAND AND OFFICIAL SEAL.
Mtw ~QJ ~.Q v1'\y\ . .
otary Public, State of Colorado
My Commission.Expil'~---""-'-;-:'-
fl(COMMISSIONEXPIRES-~-
THE CITY OF ASPEN, COLORADO
By:
ATTEST:
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Kathryn K
Aspen City Clerk
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GALAMBOS / MUIR ARCHITECTS
ARCHITECTURE. & PLANNING
March 15,1999.
Mr. Mitch Haas . ' "
, City of As~en CommuDity Development pepartment
130 SOllth Galena St.
Aspen, CO 81611
: . ,',- ," -'
: ' , "
RE: Lot 44, West Aspen Subdivisipn
. Alice M. BTien, Applicant.
Dear Mitch:
. , .
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. Pursuant to your pre-application conference summary dated 3/3/99 please review the
attached submit4l1 documents relative,to Conqitional Use review (!lCcessory dwelling
unit) and brdinimce 30 review: '
1. ProofofOwner~hip inth~ formhfaDeed ofTmst dated January 15, 1999
2, Signed Fe.e Agreement
, , " . .
, .,'" .
3, Letter granting John Muir authorization to act as representative for Alice M. Brien,
applicant. .
4, Owner;s Policy Of Title Insurance as submitted to our offices "by Pitkin County Title .
5, ,Fee Deposit of$575
, ,','
6. 22 copies of the complete application package
7. Vicinity Map
8, Design Narrative
" , .
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_~, ';" . " '; ,. 20R,MA:iN'''SntEET'CARBONDAL,E,'COLOI~.AOO'~81623,,,,, " "
PHONE: .(97,0).104-9750 FAX: (970) 704-0'287 'E-MAiL: GALAMBOS@SOPRIS.NET
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10. List of property owners within a 300; rlWius'.
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With regards to tpe West Aspen Subdivision agreement, Pitkin County Title ha:s informed
us that the time limit on that document has expired, We will, hOwever, attempt to locate
a copy if required by your department.
.' " '" , ",' ,.' -, .' ,- ,
", . '. -, -. ~', - -' '" -, ,'-
'The submittal requirements contained inth~ pre-application summary were a bit
confusingitl terms of how many and~what size,drawings are requ.iied. Should this
package be incomplete in any way please contact me imtriediately. '.
" "-", ,- y, , '
-Sincerely,
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L. John Muir, Architect
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FIDELITY
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TITLE
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COMPANY
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Fidelity National Title Insurance Company
1791 I Yon Kannan Avenue, Suite 300
Irvine, CA 92614-6253
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Owner's Policy of Title insurance
Fidelity National Title Insurance Company
A Stock Compey
Polley Number 1312~ 136903
OWNER'S POLICY OF TITLE INSURANCE
SUBJECTTO THE EXCLUSiONS FROM COVERAGE, THE EXCEPT/ONS FROM COVERAGE CONTAlNED iN SCHEDULE
B AND THE CONDiTIONS AND STlPUU,TIONS, f'l.oELlTr NAT/ONAL TiTLE iNSURANCE COMPANY, a corpol"2tlon.
h_In callea Ihe Company, in,um. as oj Oare if Policy ,ho..." in Schedule A, agoiN! loss or lilZl1laile, nol aceelilng the
<intO",,1 of Insr.<r4llce 3Mted In Schedule A, _lain.1i or Incun,e(/ lIy lire insured hy rea,on of"
1. Till'" to the "'tale or Inreretl d..cril>ed~, Schedule A being vested orher than as Slal.d herein;
2. Any dejecl in or IIex or meumh,.nc. on rM lille;
j, U7Imar!<4ta/;i/ilJl o/the tille;
4. Lack of a right of acct&l tt) and from lhe land.
The Company will Dlso pay the cosa. altol7r4ys 'f.es and ..-.pe.... incurred in defense of Ih. mle, as insured. but only /0
the eJllent provided In the Conditions and Slip.la!ions.
Jl>' WITNESS WliEREOF. FIDEUTT NAT/ONAL TlTLE INSURANCE COMPANY has ca",ed thu policy It) b. signed ";'a
sealed by its duly authorized officm as ofDar. 01 Policy s/tow/J in Schedule A.
POil.;!' Fax Note
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Fidelity National Tttle Insurance Company
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. ~ EXCWSlONS FROM CovDV..G~ 1""'1
TM fcNitl1fl"ilt l'l2IUtrs ttt t1Clk'$'" ~~,''9/D iii. ~."""g" ~ (lIl, polfq iad /be Co,ntpIIIY will Nl rtI'i:",' 'or Ollllle, CDf;~ atlGrDC1S' letS or ~ wtJfch
itls; b,. ttiSDlf oi:
I. It) All)' lJW'? OIdiIIsoct or iO'YNIl"'.tll ~61l (iadadb"C blitl\4t llIiC44 eo buUding ud IOAi.ag laM. oNlft:lllftC:eS. or regtr'lliUS:) 1"l!!5tridiac, ~III1Uae:, ~rollilMlllJr
or l"hUJt 10 (iJ: tilt OCCII1tJ1C'Y., '*' or ."ditlll 01 * Iud: (II) rite dllrlder. d'imt!luions M '*:11104 01 .&111 IlDpro\lfQl.eIH IIGW or ltm:IItIer t.nCt_ otf Ik lacli
(1M).. .....tiriOR ill OWncnllllJl Qr' cisure I. 1M rdJmaQjGns Dr If1I Of tlW' 11Il'd ttr 111 PlI'Cel of ",1I1clI the I..g Is or WlII, .. ~: C'r (iv) 9Yir:o.OltIc.I prolledioll.
Of lil, tlrt(1 01 1m' vloflf'OI 01 dItse lawt. ordl~ or IO""rmncmat Z'l&P"~I~.. CHcpt bJ ibc r.atut ,,.t i DOlk. 01 rhe e.torceme., tIIcttOf ., . QO'~ tt.
. dtfecl. IU. or fftCltmtnlKt re:su'lbll lro. , .,foI.JJou or aUtgtd viol"lio" arrtdin& lilt: !lid .b.u &ecb ~ i. 11M p~biic ~ I. >>tHo of Polky.
(17) Any ~~er.lfIeDt" poiice DO"""," not_iudi'd by (,) lbot't. JDIH ~ the atlml Ihlt _ IIDtice of Uac wtcbc tbe:l'tGf or IlIDIice cf. cWcd, I," Q' M!:IIIDbmtCII!
ftJlIltiac {tom. ,tol_lion or an,," yiolad'llo" att-=Itnc 'ltI.I.nd has hen m:ordad ;. lhe ptlWic ~ a' 1>1. of f'okr.
1. RilbU of .mintnl do,.;n 1IA1.~ ~lc' <1f 11M .~ 1hereot JrlQ bftn rreorded ill l.be pHIl: n:tids., DaIle 01 P~iq; _ not ududiD, tf(jrD CO"frag. '/IIYlIkiDC
..ltich bUlIccumd prior 10 0.14 01 Potier whic_ wo>>.i be oi'dilIS Oft Iht' "11I1s 01 I pllU"tJlIHr tOI' \111... "i~hollt kno""tOJile.
J. ,Dela:1St Iicm, eucllmbnlnctJ., adY-",<< dlllrnl or oCher Jfjlltl'If'J:
(I) CI1IIed, sufkrM. Ilium. (If Icmd 10 b)' 11M 1IrI1lrld dllmlll;
(b) lIO' knOWn to list Cum,..~.. nol ncordtd In IiI pubil~ rrcanil' ill Dau at hiler, bul kllP'ft toib. IllIuI'M dalmanl 'Iud HI d_1ckd " wrlti.~ 101M Com98JIY
b11~' IJllilt'fd cl.JlARl Jl10r ro lll~ 4.tt UIe llJnn~d dlbdat beamt II huu~d undll'tlJi, polir:r,
(e, fl,,__I"1 It! 110 Iou or dll2llet to 1M .i'IlCut'td tJatmtlt
(d) litllc:hill& or etel"" SUbk'qUIJH to DI>> .f Poliq; Or
(., ,.",hlftg Jd \O&I.or 4atll.... wtlicJl. wo~4 not Jlpt be. nalai.,dir Ill. il$l11l4 claim".' ~.cl ~ -..iu. ror n.e CSI.lct or inun:lit iat.a~ b)' Ibis. pOUey.
.4. .\FlY d.im which lristS 0.10' 1M lit.sactiOrt __ti'lllt rtrt IMtlrtd !bc dll. or i"leI'M! 1",.,.r.I t)y lbi$ )Oliq't b)' n!U'on of lAt /,Ipmtrion 01 f~1 b1lllkr"~lcy. 5'2.
jn5I)jytlt~!. or 5l,..1~, ,,"41-.,.' rish'" I"". 1hat i, b_ 011;
m IIu: t'r.lIl~liQlI ('"PIC III, .i._lt or i.ttt't&l iuurtld b,' lhii POUC1 "hlg d"rate! .'raltdultllt C:OOft1lllCf or tl"ll1l.dulcallrtllster; Or
(ii) 1M trall$llCI;C)ft cl'btmC Utt tnaft o)r iateresi Ytlllrtd b) 'Ids ,Cllllk~ btlltg Dttcnld . pmulbdaJ under tACCpt "bl:l"e tht prdmntillJ transfer ttSlIlu rrom thl raillm~
{a) bllimd,. "coni rhe inJll1IDult or In..$fer; or-
(b) 0' uth rmu41don 113 JtllPlfl nodct 10 . ,lrtllaur ror '''If. or I JUd'p1rnt or JJtn a-edhor.
CONDI'IlONS AND STIPt/LAnONS
I. DEFlNlTlON OF TERMS
ihe rollow!r:S terttl$ ""hen u$td in Lhi~ pOlicy meaD:
~.1J "1m;1I.rect": the ilWti:d lW'I'Ied i1\ ~bedule A. And. subject to U1Yr18'n15 or
dcfen:oes Ihe Company WOuld hzvct had :Ilunal the named ll1iurcd, tn~ wlio SlU:.
:c:d t., the Inrcrc:1t of!~ named inaut1:d by epcr1;ticln of law lQ disclfli\li$hc:d. /rQm
plJrel".sc inc!udinS, tlUl nol limilelito, hein, cli.JtribuCec:$. 4tviMa, S'arvl'l'or~. pc:r'
SOftl1i r!ll're$~tali.v=,. '10xt ~r kia.. or IiOOrpOrAe or ndllcilLt)' ~~.s$Of..
(b) "lnliuud ~tai.m;U'II"~ ill irtSure4 c:laimins: bn elr datnase.
tel' 'J(n!)WIcda:e" Of ""OOWI\": lcRlaJ knc;wfed,e. nal constructive k:aowllld.;:e
or notice which: may be; imp\,lc~ 10 In insur;cl ~r reason of the publtc rccorQ iJ
c!l;fined in lhla polic~ or ~l'Ir Ql:Mt tt:eor<l~ .....hich lmpart ~nltruc;lJve notiteOr mc-
1'1'9 afl."titlf In, \an4,
(Ii) "lllnd': tM lat\; dttcri'*:lOt tllllerted: co in. Sc:hedtile ,6", JI'lli lmpfQ\le:nenUi
aF!1=,ed LherdO wl-J~J\ by Jaw :':OMtltlJ.lC real prop!rty. The lam "land" do:cJ
nol Include ~.ll1 pr~y ~o~d me lInes of ttie area o~rlbed .orrtfema \0 'In
Schedu.le A. nor any nChl. tidc. 11l1t:nm. mah:orcu::mcm utabuttinc $trCC'Q.. rQaCb,
a'YC"I,I~, I;lIc)'3, !anor. way' or w.IOl"Wl)"t, bvt nouun. herein Jhalt modity or limil
m. ~l4t1l (I) Whl,m a l'iiM :)(acc4",lOtN (roft'; ti*...liM i, jnium by this pOll;y.
(e) "m(lr'!..2gt="~ l'rIOr'!.i3ie. deed Ofll'\lSt. U'UstOtfd, Of other .5C<:unt)' insmunenr..
(I) "j)libiie records": r<<Ordt ~isl'ted \a1de:r l!.ate ltabll.cllt Oate oiPolic.y
for the pllrpo5C of impartiAl C:=!l'UCtiVil rtotiec of mat!ers relating to rw prtlpen~
lO purcnllU"l1 for v!.1ue and wilhDUl knowledle. With ~1*'t. \0 SectIon Ha'}(lv)
or lht !::l.clu.sl0lti ?rOm Cov.l';I~, "puolic re~otd$" ~aJl aIS(! Include cavirOM1tD-
t:1I protct;:uon litn$ mfd ill ~"* record$ of the clep\c Qf In. Unilflld SWQ district tlOUrt
fo~ tM ~i~,ri't \1\ ~o;h th4 lw t, ~,
IS) '.unma.r!tlltabiJity e( :hAd.", ilI1 1I1-sed Or ..~rtlnL l'U~er afrectir\S :roe
litJe,o Ihe: land, l'JO( ucJoJQeC Of excepted fr<W eoverase. wl1id1 ....oul.;! eJlhtle ..
purcn.ascr of the eState or ilUet.e:lt described. iit S~uJe A lQ be relwll:d from !.he
Cblli3L10n to purchase by vir:ue oC a "ntrac:tua1 con4hloQ req1.l1rlnj; Ult r:3tllv,ry
c( m.rkcublc ullc.
%. CONTINUATION or I/l'SU"RANCE AFTllR CONVE'iANCE OF TlTUl
The, covet2&t ,,( thiS' polley sball conljtlut it\ rorce a$ of Oa.te at Policy rn favor
of ar: Il'l$l,lrcr.l cnly ~ tani u the in$:um1 rctairtlJ lilt Ut.illl or Intemt in L'1C land,
or holds 'n lnde;'lcdncJI selCUnm b)' I pt.Ir~ltaIc money n'IOn,a,te :i'YrM b)' 'it pur-
chl~cr I!'9'm lhc insul'Cd. or cnly ;0 !oD! u the infl.ll'td.b.U ha~ liability by rotliOn
or CO'Icnal1t$ of wlrTlInty 'lJ'3aCicf by lue iuurr:d in an}' ulMfer or C():'ivt)'~ of
me ~Wt or jn~ere.st. 1his policy .snail 1101 contUlue Iii r~ in f~ of acy pur.
~S4r (roM U'IC insured of c:ither (1) an .:state or lac:!1'tS1 in the land, or (Ii) oUt in-
dcbl.etlncs:l ~ b, :J P\ol~ fn(Jn." mort&'lSC Siver. ~o me inGl"lreQ.
J, NOTICE OF CLA.llIf TO DE GIVEN BY lNSt'R.s:O CL~
The insured .tluJ! t'l()(ify Ibe Company p:t'om'PCl~ in writiD& (i) iu =1:01 any lili$l.
lion l5 set torth in Sti::dQft d(a) b$low, (ii) ia ~lllcnowled8c ..hill eome to an ID-
!oUfed ~re\lndt1' of .1ft)" claIm ofttfJl: or iftttftSl witich is ad...erre to the celt lCIlhe
e~ta.[ll 1)1' brlefen, as Insurtt1. 3.IK1 whtclt mJ2f2t C31'se jOllSl CT d.lJmaie for which Lhe
Company may Oe Habit by virtUe of 1M poticy, I)t CUI) If tltlO 10 me ~t31C or In.
tereSI, At illtured, is rejcc~od as. unmarketable.,.;r ~mp: *~ IMLI SIQ'{ l)co: ~"'CD
to the Compan)". ihcn. ",to the IlIiW"l!ld aUliatlilxy ot cbe ~ft)' Mal! lfM\\llfllM:
Wl~ regard to Lkc nww Ot IN;[U::1'3 tor wbich jWOnIpC ncticc i, ~;proYi4<<l.
however. (hal failure [0 nodI)' tlteCompUy :t1\llJ In 110 CilIU pnUudice tne r1gts(S
of iIl1')1 insured unaer tbis policy UnIen UICl Company 5hall ~ pltljudll:cc1 by me
failure and then ant}' to lhc C'lIItcnt a! the prc:jud1cc.
01. llllnNSE A](f) PtlOSllCtl110N OF ACTIONS; DUTY OF lNSUJl.Il)
CLiUMA'fl'TO COOl'bAn:
('llJ~. wrille. ,_ '" "'" ill..rod lIlld JlIbjoct '" 1M opIlO" oonl&. I.
S~liOD 6 ot 1J1C3t C.opz:!itIQru, W SkP\lbriOM. tho Compapy. ;it ill own coa IrK!
wl:houl: ~bl. aela)'. $hall PfOvidt fot ~ dGlflnsc ot an buW'Cl.l in1iapdon
izr w!\kh Iny tNfd patty auens , ~!aim ad..... ~ the utle or huere.sl ;& i'lSUlOd,
ba~ ~J)l1S to tbOSot $u,.",a I:IllIt$ or action llJltainc . c!et"cct.., Ii_ or eaau.mOl'1I\lN
0' 0"" ma<t:r I""'..... 'ill'" b)' dtis policy. '!lie CompullI ,b.u 1Ia.. tile rigi'j
~ ,ofcct COCIrucI of its gWI1 -:mi<:c (Mice~ to die ritht ofctl.e il\Surt4 to otjtcl: tcr
rasa_Ie QiUiO) to tllpfftnl \h. inill,J~l/I:I at "' t/tQ5e .lated ClUSeli of .etion ~:ld
Ih&lJ nol be liable (et bld will ~ pay (be fees of an)' aU'lerCOLl1l~llil. The Company
will not pay an,. rMS, COStS or e~pten5eS Incurred by Itre Insured in ~e gl!;fr;ll$C of
r.hcsc QUa=:! .oC.action whicb &IlciC matccf,5JlOi in.sl.lrcd agaiIllt bt lhi~ potier.
(el) TM C~ sNII l\.IIYII! Ute right. at It$ own Ctlst. 10 ini:1C'II1!: ana pt'ORCUte
any lICtiOD eM' ~iaa Of to de aft)' other act wI'IIc:h In 1($ opinion may be ~
or del.dabllt to escabJ.i$b: Ute !ide' co (be male or i~st. 41 jwurcd. Ot to pre'l'tmf
or r;du~ 1031 or dama,c 10 tbc iD$ltOd, 'J'br; COmpi14,)' lM)' tAlI;t: allY ~ropti.u.
attaon UiiKitt ~ 14""5 of th", ~ii~. "'Dct.1et or nol If shall be li.abl. fiireulldel',
aDd sltall noc mereby CI;lnC* Uaoll:IY or w.ive all)' I'lC'IIi~ioJ'l of au, poiie:)', If the
COlTlpll.)I ~all ext:rdse III rights IUlder (hi! para:npb. it shall :to SO Ijlfi.s:c:ndy.
(c) W'nenever the Compin)' ,b.tU l'r.lve Ctolllft1 U iCdo/\ or inle:'pclIed;1 d,rel'l$~
as. r~ui.--or:i lir perm.i<<ed by IAe ?ro~'Wotu o(thts poHcy. the Com93ny 1'T'.ay pur1ue
SIlY Iiti&8l:ion Ie ftnaJ detcmtination by a O)Yt'I. 13( eo!r':~enr jurisdlCl.1Cn :too ex.
prW!) :"e'lW!Ir'YCS /l!c If,hl. in its sole discNlUon. to appeal rrom any advl:Ne jttd&-
!t\CR or .m1cr, .
(d) In aU CI.SCiS ""nere this policy permits or !"II:l",ires tbe Company '0 prwcCiJlC
err I:'rOvldC ror lhe defense of my ~tion 0'1' Pl'~~, tnO' 11\Su~ $hall secure
~ 1M Comy6t.l' d\w ri~ ~\) !() PrW~~c ot proy\d.1Jclenst ill the action Dr' pro-
~;~. 41'10 an ~jS IlWttin. aM pttmir \he CompanY to u.se. at. its ttp{jcn, the
lWne or 1M i~ rOf the. putpO$t, WbetleVe:r requenec:l by Lhe Company" rite
inJured. u the CotnpaftY'J IUpet..S!. shill Z!VIt the comp.an)l all r=SQJllble aid [I)
In L'IY icUtm or ~:. securiftl C'l'id.~" o'o1J.lllin: wilnn$Q, j)rose~utini
or d~fcndioS' tfIq I(iUoO or l?~ill.. ~r cffCd.inl X'ulc:mcnt. ;md Iii) in an)' QIDel'
hJwflIl ~ wJtic:t1 il'l~. opI1lion of 0t CcmpaPlY may be ~ry Qr desirable ~o
t$~b.Ii$h me tid. ~o rM: ~.&IIte Qf intcU$t 3$ iNut<Cd. If the Camp211) is prejudictd
by the (allure or tnt iruured to fumlsh the :"!quirred cooperation. dlc Company',
obUpU~M lO me In.surect un~e: Ult polley .sJUll terminate, 11'lducUn; allY llabUlry
or obIiplion to r;lckn4. plWCCl!tc'. qr contiuur: any Una-lion I ...jl:,'l regud 10 lhe
Maner Ot manon reqt,llrinc nlcn ;QOpt:ttriQ{l,
5. pR.OOr Of LOSS OR. DAo'MGE
In Idditiol'110 ami after the ncticC\ I'tl;lllittd under Sectian ~ M th~e CondilioM
.UId SLi9uialions ha'l'e been ~vid:d tI1c Ccmpany, a ~roof oflau or damase .si'lIed
_ ,worn ta tly tba ilUurCd daimut sl&IU be iUnu,bcd to lite CompMy 'W1lhiu
)IC day! a&or tho bured cJaimat:lt SbalJ &SClerlaill the facts siving rilll:l1O lhe: los.=
or damaae. Tbe proOf o.f less or damaF sb.U dcK:ribe the d=fed In. Of lien C>t
encuml:lranc:: on I:be tiLle. or ot:her matter insured :a!aiJUl by r.hU poliey which con.
stitUteS the basi' of lQ!s or dimap aDd snall 5'8le. to the e,;t:nl. possible, dlC' biUi~
Qf r;:aJl;ul.aiiflt U1l; Imr;:lt.lM of lhc \Q$ or ~m.p:, If the COmplllY is prejudh:cd ~
lM fliM'e of tho iMllred ;ltimatlt to provide the Noquired proof o( ~ or dim.,
lho COmpaIJy'S obliptlans to tilt- i~red under eM: pcli(l)' slmll ~,rminallt. inc:ludtlL,!l
my liability or obliJatioo to defend, pzo;ccutc, or coaCnue any lltiption. 'oYiUt regard
t.a the miltif' or matten requirlna: such proolof 10u or d.amaic.
10 addition, tM iJJl\Jr.:d dain1lm naay rta&onably be teCluired to submit !o eumina.
.0Il under.... by iIIIY "'lMrized _ti'8 ofib. ~ nod ,hnilproducc
fer II:(UI'Ul'l.dOn. iltSpCCCi6n lnd ~ylZ!8, At ~uch reasonable. dmes and 1'11Cc:! ss
may bo liMi....... by ..y ......rizocl ,~liy. of... C_y, aJI...._,
boob. led'.... _. ~_ ~ ",_bwil1llo""
before (11' iller 0.. of 1061:)'. Which ru.soaahly ~ lO tile 1M'S or CIa.l1'mgo,
Further, itreqllC$LCd by my audlori;ed 1'tJ'nMnwi.... arm. Company. the inaured
claimalll. shall. pt its ~:sIfon. in wriWlcI for m,! WlhorizoQ. tCpr:UCLllivc
.f ib. CO'"l"'"l' .. ......... ill$pOClolIII oopy.u ,Cl:Ot'd'. books, l<4il1', _,
=~ IIl:1d melT.c1'lllda lolll.lJe ~y or oo...r:roI of a rod pu!}', whidli
_l.>Iy ponallI '" tllo laaJ .'dM\aiO. All iJl!o......... desi8JWed" ",1IlIdtmiaJ
bylll<!Jlail1'td _ P'O"ldelllC <Il<CllmpaoyJ1W'<l&Ol I. <ltis s..<liea.1laJI "'"
be disclosed to othets wU"'''. in die ~ J~ 0/ the Comp!D)'. it i"
~ in d\e: Mmical~ OrD: daim, Failure 01 the iNUredct-"inwn ~!Ub-
mic for eutni~ wtdtl' 0<<., prvdu<< odwr r~1y ~sred mtomwion
.t ~ l*"OniolIlO _.. _Iy __ inf......... ,... ..... porn..
II roqullD:l 10 ... __ _.. .1lnlI -.. "r ll..mty of"," Cc"'l""Y
_ Ihl, polley II " lllIl claim.
:~~,~R., 1(1, :999 C.:5S,:~'/ ~iTKINCOUNiY r:TL:
. ^
f. Om0/'l5 TO PAY 011 O'I1l!JlW1SE'. ,tu. CT...\JlW$: 1D.~AnON
or LWmJ'l"r'
1Il_ of. <Ioim .DlIor oii. poliO)'. ... Company ohaJJ haY<: th.loIJowl.. Addl-
tiotW Opdou: .
W T. l'Iy or T_ l'Iy..... ol'lIlo __ or ""'urut.,
.r 0 I"'y or leod.r pa)"'"_ or Iho 111100", of I........ Wldet lIli. poIi<y "'S......
'-"M: an)! COl1U, 1UOr'NY$' feu. Md ~ iaaltrN Oy m.lrLSW'ed (!iaimDt. wlUl:\\
__._ by lllcl Compaoy, up 10 lI>e Ume or pal- or "ader of po_at
u4 Wbb II1e Company I. obll~ '" pay.
lJpo~ t.'u: ~..en:i5e by, tbc 9'ompany of lhi.s ~ion, ~Ii liibiU[) i.,d obll,ati:onI
LCl l!tf ULM';4 under thIS poh9" ot.bc: !ban tl: ~.:. to'1. p*)'menl req,l.llrcd sh31I
Lamha,c, i;wludinS any tillDllJlY or QbllptiQII to d.fend. 'ptOtcculc.or ~
Iny liti~iOft. and ~ p::tlicy ahaJ1 be mmnder14 to :!It Company tor cancltlbltion..
(b) To ,., or 0llIerwi0e ScltJ, WI'" _ Olller <IWl lI>e _
Or Wltll tht _ Cla1ralll.
0) to pay or olherwlsc senle ....ilh OUler pante'5 ~r Qr in me name lJ( an ill$urtd
e!&ima~ J.I'1Y ~laim in:urcd. apinllt "'nGC'r tit;:! pcli'1'., tQlllher with any COstl. at-
lomeys feel al\d expcl'l!C:lI Int:l.lned b)' ihe lmurcd aa.lmaAl -3tch wm :.I.\lfh:r.=
by the Company up ~o Lbo titzUI of p.yment ~nd wnj~h Ute Ccmpany i.I obus.locl
lQ pay: or
(ii) 10 Pi) or omerwlse sealewJtn tI1t IIl$!Jred daimai'l/. ill. loss: otdMulS; pro-
'tided to!' ul1dct rhi.s poUC)I, IOJCth~ WIth -r OJSts, !ftOt'l'JltYs' f~ 1tId
I:Xpl:lT.$e$ iQf;1,I1'1'C;1 .by the ltu:utal clainwlc whic:.tt Wefe .1.Wbort2ed. by <<he C~\lY
I.1p 10 th.;: time of pa)'m~ apd MUdl Ihc COf\1l>lGI if obiiplcd to pay,
U~ thc~il;e by die Compmy Ql'~Jth.:f otiMoptiODd provided for In pan~
(b~i) or (Ii), !be C~rr.pM1y.~ ob.li,JdolU lD me ilU~nrd W\dllll' lhi, poli'=1 tOr'liHI
c:laimt.d IQU or d:UDaC:, ~l:Icr Uta.n the p.tyrnema l'eqUired ~ be r.cIlie. shall :#r.
mlnat/:. 1nctudJnl any !lability or obU'liuon to dffe:Dd. ",roteeucc Ot CODblW1It itl.~
litiptioJl. .
1. IlETEIlM1N..110S, E-~nNT OF LIAllILl!'Y M'D COlNSl.lllANCE
Thil pQlicy i.s . Ccntnd or ind!m'Ulil}l 'itlnll Jl::Nal monttary lou Of 4al'M~.
liuSUlM~ or inc:uJ"h!rl by lhe Insured ~la.im.ll'll. whc Ius iuffered' !OSlo or c..m.se by
r~ or msnen !nSW'cd qllnsl by unl pcIUcy Itld only Ie. the e:ttenll'JtreiA dtSCrlbtd.
(a) The Ji.aDdily cf /.he CemPluy UI1Cler this pgbcy $ttaJl l1O'l f~ th, IQ.I~ Qi':
(1) lhc AmOWit of INlumufc IIatCd iD &:hcd1Jk Ai Of,
(ii) the ditrercoot between 1M valUCI o(l.he inuea hUll'" or 1Mmll iU iMW't4
and 1114 v&Jl.II o( lhc insur=d estate or ;rrcer"~ ~uttjot:t to iM defoct, li6n Of tiU'Um-
bmnc:e 1n.s.un4 aaaJ!Ur by lhi& polic~/.
('0:) I;, the' CJvlJ.'1t I:M Atr.QUJU of '11&Iolra~,= swed ill Scb.a:Utle A at the Date of
Polic)' 101 It# than SO !)CreON Qf <<he vallio o( tbG insured estJU: Dr intm'CS( or the
full ~1li"!id.rMIOn peid rO', Lhc.f:lRll4 Qf in,ettst wi'ticne...er is ~~, or J.f sub'cc;uent
((l IN ::>tl.l, or Poli~}I aft improV~m.l't1 is Ol'C=-d On 1M land \lItUat Me.lses Lbe
'\'allJ~ M the in~!Jted !SQti! Of il\1i!'tts( by at 1,uS'C 20 pcrcem CIVet t.be AmClunt /;If
ll1Sural'K% Sttled in ~h$dijle A. t.i.e. (hi, Polit)' is subjcd. to the followior:
Ii)....here no s\Jl>>eq..em improVO'fI1mt hu been made. U~" any ~ 1C'S5.
the- CQm~rtr ~haIl CIflly pay the res pro raLG in the proponi<<lI.;Cil Lhe ~l.Im of
in$II(II3c:e lit O&te or PoIKY t1~3'J; to Ute' lo~l ~iJJue or the ~.tI;lt or intCreti al Oat!'
"f PtliJi!:)': or
(il) where a :!;ubieQuenc fml'r'OVcnicllf ADS been miele:. as tel any paruJU loss.
Lhe Company !l\lIlJ olliy PiY ll1C 10S$ pro 1'ilra iDthe propordon lfmI. J10 percent
of lhe- Ammult 'i}f I'*'tlt..... ~Uitccl in ~h.wl. ^ bean 10 dIG sum or the ,.4.mOIUll
of InsuJ"a~ dlled in ~hCt.f"J. A And th. amOunt ~ ro: /he impl'O'VCttlcnt:.
The }!fClv"IQ~ Q( dlls pan,. sr..til not appLy (0 00$15, atWA,*," [~and OJ.
peme~ fOr "'.bid! the comp'lt)' is Jlablt' \lodeI' this poli(:y. lad shall oaly iJpply (0
lInt pot\.en bf 0Ltl'J 1035. w~\th Utecl1s, \1'1 the. aa8t\.~"", 10 j::efc:ent of ~ A~ni
of 111S1.lranc:= swod in Sc::hedulc: A.
(0:) TIlt ComPl1l)' wlll pIo)' onQ' :bot~ ~O&3, I\1OfM)'!' (IC\! iWli ClXPl~ i~e:d
ir'l a~lUlC:' ~th S.~:ion 4 Qr tn.", CQftdhiottB Ind Stipullliona.
r. AI'POllTIOM\IE:'IT
If' lhe IanI;I de!criboJ in Scncdulc A l;OrWsu or tiIIO or more parcels wldeb ar=
MOt U$~ Q. $ingleslte, and !lIon i. eatabiiihcd at!<<tiDS: r;me Of mof;'Qttbc paro:Js
~1'llXallr tM _ Vvt!l i;leeompuLedancl,eulcGOfl& pro riT4M1ji!'a9i!~ttnC>ul'll
of jl\ll,l~~. \1Nler :hu pediey....p divided prQ ma N :0 ~ va)ut .oft Paw or Policy
of ucn sept~a!c patIlel tD !he wnole.. cw:fuSlve of MY imptQlr'!JMftCS ~ subsc~
quem to Calc Qr Polie)', unlCSl a liatJiJhy Clt value I\IJ O(/'lerwl.st Nr. lireed upcn
.1$ 10 "~ palc:cl by lbc Company IDO lhC' huu~lt \he nm: of lb~ i,w\l,Jf!I:; of
lh~ poJlc.)' and .Jhowr. tly an ~lItprts.l Aatcment or 0)' an:ndoru:tnCllt a&ched '\Q
lIlis poli.y.
" LlMlTATlOr> OF LIABILITY
(a) If me COmpal'lY eJt<tbllshes: ch~ 11th:;, .o'; removes litt allt:ed d.elect. lien or
enJ;v.mbr1:DCe. Qr cure, th~ lacfl;' 01 it :iCh. a( 8CCC$S 10 OItrom tit.: land. or =W'f!
Ill., =iaim of "nmlrkmbilili' Of:lell! or othe::wiH C3"blisbcs ci'Icllien of /be inlttlrtd
MOl"I&iC'" all All 1l'l$:.:tl'lt4, in _ 't*SQrtably ,iiiiclU 7nt.nnet ~v tUJy method. lrx:hldinc:
licipdon and UM. .;ompkf,ion ~r any .appf.lls tl1mrrom. it c!Wr hivlt fuDy porfonned
ics oblipticltS 'Iloith ~ ~ :h.u maa:tr and shan lib( be lQt!c tor ant. Jell elr
_..... c:a.... thereby.
(1J) III lbe eveal. ot any lilipion. lMIudinc lidl*ion by The ComplnY or witt:!
tl!e C...,..y'. ......... ... Co"'f'Oll' WlI .. no Uobilily for I... 01 doma&'
!,IMI thera hu beel\ a lin.aJ determllllC:on or . eoutI 0( QO~~ jlolrit4i=ion, W
~Iljtion at all :appeals I.hcref'n:lrn. :ufvcnz 10 tJle ~ic;l4! u il'llOrca;.
(e) Th. Company sJlaJlllOt ll< lIoN, fOlIlW or damaS'" any iJls1Jre:I tl>r Ila.;!J'Y
.0101ll>ri1Y ......od .y <bo i...re:lln JftIIlnr illY _ or JIll, wlllloo' UlO pr10r
wnUcn ~lU'lK of 111;. Company.
10. IWlUcnON OF INSllllA."K:E, ItEDUcnON OIl liIMINAnON OF
LWlLlT\'
A..ll p*ytDmlU und~t dais ~liqr. CC:el)I paymcm ~ ror IXlitl. attQmcy" '=s
and ~petI.Wi. sha1t rtlduce the 1ItIOQ* or r:be iDsl.!rIIm pro tanto,
~jQ,4935 P.5
lJ. l.J.Ul1.J'l'Y NO/l('""b",1I\'l;
11 is Q:pn::JJ1)' a~' ttIal. :be: amouc 1){ iMul'UCt 11. Utis ~Jj~y Mal)
M redt.1ecd 0)' P)' amQUI1l. the ~ _1 PlY l,)tIdcr any polity iuuring; 1 mot-
tfaat lO 1A'hi= _otptiOIl is ~ in .Schedule A f'.1t!C V<lbich 1.b4 i~ru:l Jw~;
u~, ... f4J:.on ..hj.., 01_ is hmaI\" uo."lli<d by ." "".,ea and which
is 1 I:ltargf, Qr lia OJ!. the e$tIte Of imenm described or referred to in SCbtQu!c
A. All<! <hi ........ so ""ie _ be: c!t:o:m<d . pal"'''' ull4<r :!lis policy to tl!e
Insured owner.
l~. PAYMENT OF L05Ii
(a' ~o pI)'meul MWJ "' naQ_ wit;houl prtlducins t.lu$ poli~y for endClr~1'l1 of
I.be ~t lU'Iltss r.be poJ1ey bu bl:cll Joit or d&:ttoyed. In wJUch ~ proof of
los.s or ~ dlMI be: h1m!sbo:1 to r.hc satisfaWon oi 11Ie: CQmpa.ny-
(b) Wben U.OUiIY tad the txfll':ll of Iou or damage; baS bo;r. dd1ni:d;y flIed in
..._wi:hdmc OWili"'" and SlipuJ......, Ibcl... ",a-geoblill.. p',..ol,
withift 30 41)', thsaaMt,
Il. S1..'IlIlOGAnoN UI'ON i'.'YMEl'IT OR SETTLEMENT
(a) Tb. C_y'. IlIPI 01' s........tlon.
'WhelM't'er !he Com." shill DI'" smlcd ar.d paid a diJllil ",nQQo this polic)',
all liebl.~$Ubr'Qption :i~U ~l in the CompaDY l1Cl/lflcclcd by ill1Y ~l orth4: i,ll-
""ea <I........
the CO:npm'ly man be &U"rosatlld 10 arld bt ~:'llitlt4 ro aU righU. and mmedtelO
wtUcb 1M iDsunlf ~lIt woukJ have had tlliliM(.-WY p!l1'$l)ft Czf pr.ny In respeel
to tl1< 01... had.'Os polity 110I_ ,,,w:<I. lfrequ..lOd.y tl>e C.m~y, <lie In-
sured d:ll.iMatJI. smu traA5l<< (0 the: c.ompar.)' an ridnJ ar,d, ~'ap1nllt any
per:sgn or x::roptny rcr:e.uary in Clrdcst 10 /)011"( dti;l rip of atbrOS.auon, 1he in-
~W'eCl r:J.lrnM~ Mall ponnitlbe Co.ny CO !!,ICJt ~P(Ofl'liK 0' ,eak .Ull.b.e IW1'IC
OlIDe iniured d.imam: anct ~ use: \hi lWM Qf lnt ~iUred clainwu ill. 1UJy tramllC-
~j,~ or )jliplQn in'Vf;llvinf [hC$e ripU cr remtl11e1_
Ir 1 paymtl3t on aceoU!lI 0(" c.l2im dotS 1\01 MI)' CQv.c:r tl'.e loss of the Insured
c:lainwrL, ~ CClmpan)' $bail be SUbToeil1Cd 10 tr1c::c ril/JLa; and rema:1ie~ in the pll'-
.PQ!'':101'i wlti,h!he CoIupany"s J*yrnl::J:lC boat$ to lM ....bole- amowu of Lhc !osa.
t! Jon !hauLc1 mull [tom ao)I Idr of th= il1$lU'ed ..laimalll, _ 8b1:ttd ;tbovt. \J\.t,t
act u,all l'tO( ~id m;s poli.:y.. but the Compaoy.. in lhaf c~e1t. mill be leQl.l.ited
to ~)' Mil' tl",.( pat'\: or.any lo,f~ lru:ured "alllil by ltti:l: poJ~ wbi~h $h~l e.xcetC!
t.,tamouN, IraD)'. mttOmt C01D~ay by reucn of !.he impalnnml by d1e ins1,lre;f
daimam of the COaIpIIlY'$ npn at ulbroS:l1ioa,
(b) Tho C'""f'M.l". lIiIbli Api.... N....i....<<I Obli;.....
TIt" Co.tI)' " ri~( of ~oto(a(jc:II' _gains; non-i:uured oclips :shall eXIst and
shall IlKllllda, 'oIIirhou~ limilalio& the rigl'lll oftht ill&UN:d 10 irUmni\i~, ;us~mies"
otUt po1i('jeJ of i1PlllMee or bOnds. Il(ItwldlsWx:ling an)' ~nns or con&ticns l;on.
Il~ jQ tho$4' ~1&SXPWn!O" wbSc:b provtde (or lUbrogatlCD nann by relUCn or this
pglicoj
14. ..JI.IlITAA TIOS
Unit!! prohlbitl!d by .ppliCJ.ble bw, either the Comp3DY or the inSuttd may (k-
tft.:ll'lO artt\raaon pursUrK to the Title huurance AJ"bltratlon .!tiJles ot the American
ArUilfllnOD ABQC;iadon. Arbi~bl: tJlIttcfl rttA)I lnctude. but are lIQ( limited to, /lny
cor""J;'OI(=r~ or claim bttw* the Com!:"'~, aM I:ht iAsul'::d sru.iQJ cut "f,or rcla[ing
to uu. pOhcry'. illY lervict! 0: !he CompaZlY In ~nA$:'~OI'l wilh llS iS8Ll1.nct 01 aM
~ch of.a pt)1icy provi$.icrr Of oU'let ob"S~'io". All .ubilr.tble rnauers when the
All})l,l;l'll of 11'LSW'VlCC: is. Si .OOO.!XO at itS!,.snall be arbkrmd Bl the option of e1lbcr
me CQmp.any or the irL$'Jred. All arbint:le nwtc:n when the Amount of Inlul'BllCl:
i~ illexa;cn Q($I,OOO,~$h&lI~arbitrater,l ~nI)' whenagreccllo by \x)th the CClm-
~}llnd tbe ins.. A.rb~ pw'$lWll ~ tbi5 pelic)' /lad. W\dtlr the fiull!ls In
.fftctoJl t~. ~(C: medcmand ror~rbitr"jQI\ i. ~Qr.llI.l.hcopcion oflhc: i~r.cd.
[he Rulcsltl eff~et at D~e of Po!i~ s!\all ~ binding uoon Ute l'8!'lies, The (l;war<:!
may lncluclc IltOtne)'s. teeionlyttlhc laws ofLheswe In whkb tbc land is loeat.c:d
~t a C011rt to ~ attrmltyl' tet3 ~o a Plcvallmg puty, "udgment Ilpon L.7l:
,ward tctldcrcd by tho AmUra1a:r(3) may be Clntered ie any eot1.'1: havin,c juriadlctiOtl
thM..r.
The law of the tiN! or die :and shall apply w ar. wttaliol'l uncIer the Title In.
$urance Arblttarloli Rules,
A COP}, of Ute luJes: may be obwncd fi'Clm t.'1e CClq)II1Y upon request
1$. LIAlIll.lIY L/lIllTEtl TO 1'lIIS !'OLlCY, J'QUCY El'll1IUl CONnlACT
(a} Thi$ J)bliC')' ~ with aU dbnanetlb. if any, aDchl:d. heme. by lI\e C~,
tlltl)' ii me Itdtlte poUcy.anc: COlUt'iC1l:>eI\Wanlhc ~ .tn4 tht COtllp.llt)'. In
inle~minc I!tY proYilioa of this poli.;y, lhi3 poliey shlil be COn.Ri\led M a ....hole,
(0) Ati'j r;:JJ.lmofJol,j or ~e. whtdlttQtAOt 0.* on rq:1ige''lCe,l.nd whicl'1
.vi* out of me. .s~NI of Utt uti. '0 tht tsllllt or irlt.res\: ;oyer'" hereby or by
lilY ~oc aS8tftong SQ~h c1ajm, a:h.all bt mttiatd lO thic poJiq-,
(c) No ~dment of or endor$tmUt lO this pcliey eOn be MAde exc~P( by a
wrttt.r.g endorsed hereon or attached hereto :dped 0;>, e.ilher the Ptcsiden.t. a VJc..:
P'rtsldenc, ~ Sor:n:wy, an: AssiSClAl S4cf'fNr'Y, or v<ilid:utIlB offic:z:ror aWwriz;C/;j
.ip&lOl1< 01 tl!e Compony.
If, SEVEIIAlllLlT\'
III the event any prO'ri.non of lht poliCy la hoJd iov"';j.;l: or ufttrdO'r.:44b11! \.ltKlw
IppHcablc law. the Pal:k:)' Gll bedeomcd 001 \0 inc;ludc Iftllt ptoVi~ioa aM all other
P'QvitiQN iMJl ~ in Ml forco aJld. ofUct.
11, N011CES, MlI!U SENT
AU nodcc:r ~ 1.0 I>c: ~ me~)' ItId ur N~n. III ""ri(i~ ~-
quit4d to be ~ WI: Co:ncpany d!illI u,d~ d\c: D\;In'\ber Qf UUi pol...}' lInd
,ball 100 _ ., lIlo CoalpIIty ..
Fidefily Natloft.1l Title IDSU1'alIol:e Com!""')'
NatiOll/ll Claims Admini:sll1lrion
17~1 I Von 4.",." Avenue. Solie ~OO
I!".;,... CA 92614-6253
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S~DULE A-Ow.NER'S POLICY
C,';.SE N".JMllSR
PCT13S3SC4
PAT! 01' POLICY
01)13/39 ~ 11:46 A.M.
1\,'10= OF INSURJUfCE
$ 785,000,00
POLICY mlMSER
1312 -1:36303
l.. IrAN! OF INSOll.EJ) ,
A!.!CE M. BRIEN
2. :'lIE ESTATE OR Ilnl!:RES':' IN 'l'f!E LAND EEREIN ANIJ WilIC!! IS COVERED BY l'llIS PCi:.ICY IS:
IN FEE SI/Ill?LE
3. :':IE ESTATE OR III:t'!RES'l' REFERlt:1:D TO HEREIN IS AT PAIl!: 01' POLICY VEST:ii::D IN:
AI.,J;CE: M. ERU:N
i. TF.2 LANe RZFERREP TO IN THIS POLICY IS SITUATED IN rAS OO~ OF rI~IN,
nAU 011' COLOAACO AND IS Oli1SCllJ:ll;;:tl A5 FOJ:.J:.OW5,
LOT 44, WEST ASPEN SUBDIVISION, FILING NO.2, according to the plat
thereot recorded September 4, 1968 in Plat Sook 3 at Page 30e,
PITKIN COUNTY TITLE, INC.
601 E. HOPKINS AVE.
.~PEN, COLORADO 81611
(9~O) 92S-1766!(970}-92S-5S27 FAX
THE OQCICV NUN.ER SHo.~ ON TNIS SCHEDULE NUST AGREE WITH THE PREPH'NTEC NUMBER ~ THE coy,! SHEET.
MAR" ,.J, . 999
~;53P~~
P: [K, iN COUNTV
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Scm:OTJLE Il-Owml:aS
CASE NtJM<Il.R.
PCT13588C4
DATE OF I'OLrCY
01/19/99 @ 11:46 A.M.
I'OLICY NTJMEER
1312.l36~03
TH:S POLICY DOES NOT INSURE AQAINSr ~OSS O~ Dh~& BY REASON or THE ~O~LOWZNG,
1. ~ights or claims of parties in possession not sha'~ by the pUb11C records.
2. Ea~cment~1 or claim$ of easements, aot ~hc'~ by :he pUQ1~c reco~ds.
3. Discrepancies. conflicts in bounda~ lines, shortage in area, enchroachments,
any faots wnich a correc~ survey an~ inspection of the premises would disclose
and which are not shown ~y the public records.
4. Any lien, O~ .1ght eo a li~nl for servicis, labor; or material her~tofore or
hereafeer furnished, imposed by law and not shown by the public reooras.
s. water right;, elaims or title to watar.
6, Taxes for the year 1999 not yet due or payable.
7. Right of the proprietor of a vein or lode to extract or remove his
ore therefrom, should the same be found to penetrate or intersect the
premises hereby granted as reserved in United States Patent recorded
in Sook 180 ae Page 334.
8, Easements, rights of way and all matters as disclosed on Plat of
subjac~ property recorded Sep~ember 4, 1958 in Plat Sook J at Pa~e
308.
9. Perpetual Sewer Easement and Right of Way gr~~ted to As~en
Metropolitan Sanitation District by Deed recorded in Sock 260 at
Page 614,
10. Deed of Trust frcm : ALICE M. BRIEN
To the Public Trustee of the County of Pitkin
For the use of M~SA NATIONAL S&~K
Oricinal &~ount $~OO,OOO.oo
Dated January 15, 1999
Recorded January 19, 1999
Reception No. 426738
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CITY OF ASPEN
PRE-APPLlCA rlON CONFERENCE SUMMARY'
PLANNER: Mitch Haas, 920-5095 DATE: 3/3/99
PROJECT: Lot 44, West Aspen Subdivision
REPRESENTATIVES: John Muir of GalamboslMuir Associates (970) 704-9750
OWNER: Alice Brien
TYPE OF APPLICATION: Conditional Use Review for an ADU to gain a GMQS Exemption for the
construction of a single-family home, and Residential Design Review (a/kIa Ordinance 30).
DESCRlPTION: Applicant seeks to construct a single-family residence on Lot 4 of the West Aspen
Subdivision. In order to obtain an exemption from the GMQS Scoring and Competition procedures, the
applicant will apply to construct an ADU. Otherwise, cash-in-Iieu of the ADU(s) would be required before the
exemption(s) could be granted. ADUs are subject to Conditional Use approval by the Planning and Zoning
Conunission at a public hearing, As with all residential development, Residential Design Review would also
be required. The Residential Design Review would be carried out by Conununity Development Department
staff; however, if any variances are to be necessary or requested, the applicant shall have the choice (one or the
other, but in no case both) of having the Commission hear the variance request(s) at the same public hearing as
the conditional use review, or opting instead to have the Design Review Appeal Conunittee decide upon the
variance request(s). The property is located at the intersection of Cemetery Lane and Silver King Drive, and is
zoned R-15, Moderate-Density Residential. As the property contains steep slopes and a ridgeline on a fairly
prominent comer location, staff will strongly encourage the applicant to pursue a design that would minimize,
to the greatest extent possible, the driveway roadcut by placing the garage along the street, at the bottom of the
property with a connecting element to the residence above.
,
Land Use Code Section(s)
Chapter 26.60, Conditional Uses;
Section 26.40.090, Accessory Dwelling Units;
Section 26.28.050, Moderate-Density Residential (R-15);
Section 26.04.090, Definitions (specifically, but not limited to the definition of "Floor Area, G. Accessory
Dwelling Unit or Linked Pavilion"); and,
Section 26.58.040, Residential Design Standards.
Also see:
Chapter 26.44, Park Development Impact Fee;
Section 26.40.080(B), Lights; and,
Chapter 26,52, Common Development Review Procedures.
10 dO'iS P'f,jv"' +0
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Conun:m~ty Development Department an1ICity of Aspen Planning and Zoning, i '5 cL"",
ConunlsslOn. ' / .,' ' p', 0_
Yes, the conditional use review requires a public hearing, and the notice requirements
outlined in Chapter 26.52 will have to be followed. Residential Design Variances can
only be granted at a public hearing, but noticing for these requires only that the proper
sign be posted on the property five (5) days in advance of the hearing and that an
executed affidavit of notice be presented to staff on the day of the hearing.
Referral Agencies: Engineering, Housing, Parks, Zoning, Fire Marshal, ACSD, Water, Electric, Building,
and Streets.
Planning Fees: Planning Flat Fee ($255)
Referral Agency Fees: Engineering, Minor ($160); and, Housing, Minor ($160).
Total Fee: $575.
Review by:
Public Hearing:
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ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT
t""'I
Agreement for Payment of City of Aspen Development Application Fees
(please Print Clearly)
CITY OF ASPEN (hereinafter CITY) and A.u.,,;::;.. M ' ~.-J....\.
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT has submitted to CITY an application for ~'P~T OF A SiJ..l(.:'i e-
FA!v\l(......". ~M& ON LOT #.
Ifi..lt::-"7T A'f'l-;ol...I ,~'p,n;""'<'I/?'--\ (hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that City of Aspen Ordinance No. 43 (Series of 1996)
establishes a fee structure for land use applications and the payment of all processing fees is a
condition precedent to a determination of application completeness.
3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed
project, it is not possible at this time to ascertain the full extent of the costs involved in processing
the application. APPLICANT and CITY further agree that it is in the interest of the parties to allow
APPLICANT to make payment of an initial deposit and to thereafter pennit additional costs to be
billed to APPLICANT on a monthly basis. APPLICANT agrees he will be benefited by retaining
greater cash liquidity and will make additional payments upon notification by the CITY when they
are necessary as costs are incurred, CITY agrees it will be benefited through the greater certainty of
recovering its full costs to process APPLICANT'S application.
4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete
processing or present sufficient information to the Planning Commission and/or City Council to
enable the Planning Commission and/or City Council to make legally required findings for project
approval, unless current billings are paid in full prior to decision.
5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to
collect full fees prior to a determination of application completeness, APPLICANT shall pay an
initial deposit in the amount of$ which is for hours of Planning staff time, and if
actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings
to CITY to reimburse the CITY for the processing of the application mentioned above, including
post approval review. Such periodic payments shall be made within 30 days of the billing date.
APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension
of processing,
CITY OF ASPEN
APPLICANT
Signature:
Date:
Printed Name:
Mailing Address:
Julie Ann Woods
Community Development Director
City of Aspen
Ut~.~
3 - II - 7 9
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RECORDATION REQUESTED BY:
MESA NATIONAL BANK
317 E Hopkins Ave
Aspen, CO a1611
WHEN RECORDED MAIL TO:
MESA NATIONAL BANK
317 E Hopkins Ave
Aspen, CO a1611
SPACE ABOVE THIS LINE IS FOR RECORDER'S uSE ONLY
DEED QF TRUST
THIS DEED OF TRUST IS DATED JANUARY 15, 19~9, among Alice M. Brien, whose address Is POBox
11915, Aspen, CO 81612 (referred to below as "Grantor"); MESA NATIONAL BANK, whose address Is 317 E
Hopkins Ave, Aspen, CO 81611 (referred to below sometimes as "Lender" and sometimes as
"Beneficiary"); and the Public Trustee of Pitkin CountY, Colorado (referred to below as "Trustee"),
,
CONVEYANCE AND GRANT. For valuable consideration, Gr8nlor~hereby Irrevocably grants, transfers and assigns to Trustee for the
benefit of Lender as Beneficiary all 01 Granlor's right, tille, and Inlerest in and to the following described real property, together wllh all existing
or subsequently srooled or affixed buildings, Improvements and fixtures:; all easements, rights of way. and appurtenances; all waler, water rights
and ditch rights (including stock In utilities with ditch or Irrlgalion rights); and all other ri9h.tS, rOy'alYes, and profits relating to the real property,
including withoulllmitallon sll minerels, oil, gss, geolhermsl and slmiiar'mallers, located In Pitkin County, State of Colorado (the
"Real Property"):
Lot 44, WEST ASPEN SUBDIVISION, FILING NO.2, according to the Plat
thereof recorded September 4, 1968 In Plat B?Ok 3 at Page 308
The Real Property or Its address is commonly known as Vacant land, Aspen, CO 81612.
Grantor presently assigns to Lender (also known as Beneficiary in thls.beed of Trust) all of Granlor's right, tille, and Interest In and to all present
and future leases of the Property and all Renls from the Property, -In addition, Grantor grants Lender a Uniform Commercial Coda security interest
in the Rents Blld the Personal Property defined below. '
DEFINITIONS. The following words shall have Ihe following meanings whan used In Ihis Deed 01 Trust. Terms nol olherwlse defined In Ihis
Deed of Trust shall have the meanings attributed to such terms in the,Unlform Commercial Code. All references 10 dollar amounts shall mean
amounls In lawful money 01 Ihe United Stales of Amertca.
Beneficiary, The word "Beneficiary" mesns MESA NATIONAL BANK, lis succassors and ssslgns. MESA NATIONAL BANK slso Is referred
to as ''lende'''''n lhis Deed of Trust.
Deed of Trust. The words "Deed of Trust" mean this Deed at Trust among Grantor. Lender. and Trustee, and lncludeswllhout IImitallon all
assignment and security Interest provisions relating to the Personal Property and Rents.
Grantor, The word "Grantor" means any and all persons and enlities executing thIs Deed of Trusl, Including without limitation Alice M. Brien,
Guarantor. The word "Guarantor" means and Includes without limitation any and all guarantors, sureties, and accommodation parties in
conneclion with Ihe Indebledness.
Improvements. The word "Improvemenls~ means and Includes wlthoullimilallon all existing and future Improvements, buildings, struclures,
mobile homes affixed on the Real PropertYI facilities, additions, replaoements and other construction on the Real Property.
Indebledne... The word "Indebledness" means sli prlnclpsl and Inleresl payable under Ihe Nole and any amounts expended or advanced
by Lender to discharge obligallons of Grantor or expenses Incurr~d by Trustee or Lender to enforce obligations of Grantor under this Deed
of Trusl, logelher wllh interesl on such amounls ss provided In Ihis'Deed of Trust
Lender. The word ''lender'' means MESA NATIONAL BANKI lis successors and assigns.
Nole. The word "Nole" means the Nole doled January 15, 1999, in the principal amount of $400,000.00 from Granlor 10
Lender, together with all reneY{als, extensions', modificallons, refinanclngs, and subslilullons tor the Nole,
Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter
owned by Grantor, and now or hereafter allached or affixed to the Real Property; together with all accessions, paris, and addlllons to, all
replacements of, and all substitutions for, any of such propertYi .and together wllh all proceeds (Including wllhoul IImllalion all Insurance
proceeds alld refunds at premiums) from any sale or other dlsposl;lon of the Property.
Property. The word "Property"means cOlleollvely the Real Properly and the Personal Property,
, "
Real Property. The words "Real Property" mean the property, InlE:rests and rights described above In the "Conveyance and Grant" section,
Related Documents. The words "Relaled pocuments" mean an'd Include wilhoulllmitalion all promissory noles, credit agreements, loan
agreements, environmental agreements, guaranties, security agreemenls, mortgages/ deeds of trust, and all other instruments, agreements
alld documents, whether now or hereafter exlsllng, executed In co~nection wllh Ihe 1'1!debladnass. .
Rents. The word "Rents" means all presenl and future rents, revenues, Income, Issues, royallles, profits, and olher benefits derived from the
Property,
Trustee. The word l'Trustee" means the Public Trustee of Pitkin Cnunly, Colorado.
THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF REN,S AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL
PROPERTY, IS GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ANY AND ALL OBLIGATIONS OF
GRANTOR UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND
ACCEPTED ON THE FOLLOWING TERMS:
PAYMENT AND PERFORMANCE. Exceplas otherwise provided In Ihls Deed of Trusl, Grantor shall pay to Lender all amounls secured by this
Deed of Trust as they become due, and shall slrlclly and In a IImely manner perform all 01 Granlor's obligallons under Ihe Nola, Ihls Dead of Trusl,
and the Related Documents. \
,
POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees Ihsl Granlor's posseSSion and usa of Ihe Property shall be governed
by lhe following prOVisions: :
,
Possession and Use, Until the occurrence of an Evelll of Defau!t, Grantor may (a) (emain in possession and control of the Property, (b)
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01-15-1999
DEED OF TRUST
(Continued)
Page 2
use, operate or manage the Property. and (c) collect any Rents from the Property.
Duty to Malnlaln. Grantor shall maintain tha Proparty In lenanlabla condillon and promplly parform all rapairs, raplacemanls, and
maintenance necessary 10 preserve Its vp,lue, .
Hazardous Subslances, The terms"hazardous waste," "hazardous substance," "disposal," "release," and '1hrealened release," as used In
Ihis Deed of Trusl, shall have Ihe same meanings as sellorth In I,'e Comprehenslva Envlronmanlal Rasponsa, Compansation, and Liability
Aclof 1980, as amandad, 42 U.S.C. Secllon 9601, al saq. ("CERCLA"), Iha Supartund Amandmanls and RaaUlhorlzation Acl of 1986, Pub.
L. No. 99-499 ("SARA"), tha Hazardous Malarlals Transportallo~ Acl, 49 U.S.C. Sacllon 1801, al saq., Ihe Rasourca Consarvation and
Recovery Act, 42 U.S.C, Seellon 6901, at seq" or olher applicablslstate or Federal laws, rules, or regulations adopted pursuant 10 any of the
foregoing. The terms "hazardous waste" and "hazardous sUbdlance" shall also Include, wilhoul IImllationl petroleum and petroleum
by-producls or any fraction thereof and asbestos, Grantor represents and warrants 10 Lender thai: (a) During the period of Granlor's
ownership of the Property, there has been no use, generallonj manufacture, storage, treatment, disposal, release or threatened release of
any hazardous waste or s,ubstance by allY person on, under, ab6ut or from the Property; (b) Grantor has no knowledge of, or reason to
believe that there has been, except as previously disclosed to andiacknowledged by Lender In writing, (I) any use, generation, manufacture,
slc;>rage, trealment, disposal, release,. or threatened release of any hazardous waste or substance on, under, about or from.lhe Property by
any prior owners or occupants of the Property or (II) any actual or threatened litigation or claims of any kind by allY person relating to such
mailers; and (c) Except as previously disclosed to and acknowledged by Lender in writing, (I) neither Grantor nor any tenant, contractor,
agent or other authorized user of the Property shall use, generate, manufacture, slore, Ireat, dispose of, or release any hazardous waste or
subslanca on, undar, aboul or from Iha Property and (II) any such acllvlty shall ba conductad In compllanca with all appllcabla fedaral, slala,
and local laws, regulations and ordinances, Including wllhout Jlmllallon those laws, regulations, and ordinances described above. Grantor
authorizes Lender and Its agents to enler upon the Property 10 make such inspections and tests, at Grantor's expense, as Lender may deem
approprlata 10 datarmlna compllanca of Iha Proparty wllh Ihis sacllon of Iha Daad of Trust. Any Inspactlons or lesls mada by lender shall ba
for lendar's purposas only and shall nol ba construad 10 craala a~y rasponsibiiiiy or liability on Iha pari of landar 10 Granlor or 10 any olher
person, The representations and warranties conlalned herein ;are based on Granlor's due diligence In Investigating the Property for
hazardous waste and hazardous substances. Grantor hereby (eo) relesses and waives any future claims against Lender for Indemnity or
contribution In the event Granlor becomes liable for cleanup or other cosls under any such laws, and (b) agrees to indemnify and hold
harmless Lender against any and all claims, losses, liabilities, damages, panallies, and expanses which Lender may directly or Indireclly
sustain or suffer resulting from a breach of this section of the D~edof Trust or as a consequence of any use, generallon, manufacture,
storage, disposal, release or threatened release of a hazardous waste or substance on the properties. The provisions of this section of the
Daad of Trusl, Including Iha obligallon 10 Indamnlty, shall survlva t~a payment of tha Indabtadness and Iha satisfaction and raconvayance of
Iha lIan of Ihls Dead of Trusl and shall nol ba affeclad by lander's acquisition of any Inlarasl fn tha Proparly, whalhar by foraclosura or
otherwise. ,',
i '
Nuisance, Waste. Grantor shall not cause, conduct or permll any, nuisance nor commit, permit, or suffer any stripping of or waste on or 10
the Property or any portion of the Property. Without Jlmlllng the ~enerallly of the foregoing, Grantor will not remove, or grant to any olher
party the right to remove, any limber, minerals (Including oil and gas), soil, gravel or rock products wllhout the prior written consent of
Lender. .
Removal of Improvements, Grantor shall not demolish or remove any Improvements from the Real Property without the prior written
cOllsent of Lender. As a condillon 10 the removal of any Improvt.iments, Lender may require Grantor 10 make arrangements sallsfactory to
Lender to replace such Improvements wllh Improvements of at lea!3t equal value.
Lender's Right to Enter. Lender and Its agents and rspresentallves may enter upon the Real Property at all reasonable times to allend 10
Lender's Interests and to Inspect the Property tor purposes of Gra~lor's compliance with the lermssnd condillons'of this Deed of Trust.
Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regula lions, now or hereafter
In effect, of all governmental authorities applicable to the use or occupancy of the Property. Grantor may contest in good fallh any such law,
ordinance, or regulation and withhold compliance during any proceeding, Including appropriate appeals, so long as Grantor has notified
Lender in writing prior to doillg so and so long as, In lender's sole opinion, Lender's Interests In the Property are not Jeopardized. Lende(
may require Grantor 10 post adequate security or a surety bond I re,asonably sallsfactory 10 lender, to protect Lender's interest.
Duty to Protect. Granlor agreas naithar 10 abandon nor laava unaitandad Iha Proparty. Grantor shall do all olhar acls, In addition 10 Ihosa
acts set forth ab.ove In this section, which from the character and luse ot the Properly are reasonably necessary to prolecl and preserve the
Proparty.
DUE ON SALE - CONSENT BY LENDER. landar may. al its oplion; daclara immadlataly dua and payabla all sums securad by Ihls Daed of
Trust upon Ihe sale or lransfer, without the Lender's prior written cOf~sent, of all or any part of the Real Properly, or sny Inlerest In the Real
Property. A "sale or transfe"" means the conveyance of Real Property or any right, title or Interest therein; whether legal, beneficial or equitable;
whelher voluntary or Involuntaryj whether by outright sale, deed, installlnent sale contract, land contract, contract for deed, leasehold inlerest with
a term greater than three (3)years, lease-option cOlltract, or by sale, assignmenl,or transfer of any beneficial Interest In or 10 any land Irust
holding tllle to the Real Property, or by any other method of oonveyance of Real Properly interest. If any Granlor is a corporation, partnership or
limited liability company, transfer also Includes any Change In ownership of more than twenty-five percent (25%) of the voting stockl partnership
interests or limited liability oompany Interests, as the case may be, of Grantor. However, this option shall not be exercised by Lender It such
exercise Is prohibited by federal law or by Colorado law.
TAXES AND LIENS. The following prOVisions raialing 10 Iha laxes and lians on Iha Properly ara a pari of Ihls Daad of Trust.
Payment. Granlor shall pay when due (and In all events prior 10 delinquency) all taxes, special taxes, assessmenls, charges (including waler
and sewer), fines and Imposlllons levied against or on account o~ the Property, and shall pay when due all claims for work done on or for
services relldered or material furnished to the Property. Grantor shall maintain the Property free of aU liens havlllg priority over or equal to
the Interest 01 Lender under Ihis Deed of Trust, except for the lIell of taxes and assessments not due and except as otherwise provided In
this Deed of Trust.
RI9ht To Contest, Granlor may wllhhotd paymant of any lax, assassmanl. or claim In conneclion wllh a good fallh disputa ovar Iha
obligalion to pay, so long as Lender's Inlerest In the Property is not jeopardized. It a lien arises or Is filed as a result of nonpayment, Grantor
shall within fifteen (15) days afler the lien arises or, If a lien Is filed, Within fifteen (15) days after Grantor has nolice of the filing, secure the
discharge of Ihe lien, or II requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfaclory
to Lellder In an amounl sufficient to discharge the lien plus any costs and sllomays' fees or other charges that could accrue as Ii result of a
foreclosure or sale under Ihe lien. In any contest, Granlor shall:t defend i1self and Lender and shall salisty any adverse judgment before
enforcement 8galosl lhe Property, Grantor shall name Lender as an addlllonal obligee under any surety bond furnished in the contest
proceedings.
Evidence or Payment, Grantor shall upon demand furnish to lender sallsfactory evidence of payment of the taxes or assessments and
shall authorize the appropriate governmental official 10 deliver fa Lender at any lime a wrillen statemenl of the taxes and assessments
againsl Iha Proparly. ..
Notice of Construction. Grantor shall noUty lander al laasl fitlaai, (15) days bafora any work is commancad, any servlcas ara furnlshad, or
any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on sccount of the work,
services, or materials. Grantor will upon requesl of Lender. furnish to Lender advance assurances satisfactory 10 Lender that Grantor can
and will pay Iha cosl of such Improvamants.
PROPERTY DAMAGE'INSURANCE. Tha following provisions retallng)o Insurtng tha Proparty are a part 01 this Daad of Trust.
..
Maintenance of Insurance. Granlor shall procUra and mainlain policies of fire Insuranca wllh standard extandad coverage andorsaments
on a raplacament basis for Iha full Insurabla valua covaring all Improvemants on the Real Proparty In an amount sufflclenl to avoid
application of any coinsurance clause, and wllh a standard mortgagee clause In favor of Lender, together with such other hazard and liability
Insurance as Lender may reasonably require. Policies shall be written In form, amounts, coverages and basis reasonably acceptable 10
Lender and Is~ued by a company or companies reasonably acceptable to Lender. Grantor, upon request of Lender, will deliver (0 Lender
from lime to time the policies or certlficat~s of Insurance In form sallsfaclory 10 Lende(, including stipulations thai coverages will not be
cancelled or diminished without at least ten (10) days' prior written notice to Lender. Each insurance policy also shall Include an
.0
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01-15-1999
DEED OF TRUST
(Continued)
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endorsemenl providing thai coverage In favor of lender will not t}e Impaired In any way by any 8el, omissloll or default of Grantor or any
other person. Should the Real Property at any time become located In an area designated by the Director of the Federal Emergency
Management Agency as a special flood hazard areB, Grantor agrees to obtain and mainlain Federal Flood Insurance for the full unpaid
principal balance of the loan, up fo Ihe maximum policy Iimlls sel under the National Flood Insurance Program, or as otherwise required by
Lender, and to maintain such Insurance for the term of the loan,
I
AppllcaUon of Proceeds. Grantor shall promplly nollly Lender of any loss or damage to the Property. Lendar may make proof of loss If
Grantor fails to do so wllhln fllieen (15) days of the casually. Whether or not Lande~s seourlty Is Impaired, Lender may, at lis elecllon,
receive and ralaln the proceeds of any Insurance and apply lhe prbceeds 10 the reduction of the Indebtedness, payment of any lien affecting
the Property, or the restorallon and repair of the Property. If Lel)der elects 10 apply Ihe proceeds to restoraUon and repair, Grantor shall
repair or replace the damaged or destroyed Improvements in a manner satisfaclory to Lender. Lender shall, upon satisfaclory proof of such
expendilurei payor relmburs.e Granlor from the proceeds for the reasonable cost of repair or restorallon if Granlor Is nolln default under this
Deed of Trust. Any prooaeds whloh have not bean disbursed wll~ln 180 days aHer their reoelpland which Lender has not qommllled to the
repair or restoration oflhe Property shall be used firsl to pay an~ amount owing 10 Lender under this Deed of Trust, then to pay, accrued
Interesl, and the remainder, If any, shall be appllad 10 the principal balanoa of the Indeblednass. If Lender holds any prooeeds alier
paymenlln full of the Indebtedness, suoh proceads shall be paid 10 Grantor as Grantor's Interests may appear.
Unexpired Insurance al Sale. Any unexpired insurance shalllnUl:e to the benefit of, and pass to, the purchaser of the Property covered by
Ihis Deed of Trust at any trustee's sale or other sale held under, the prOVisions of this Deed of Trust, or al any foreclosure sale of such
Property. '
EXPENDITURES BY LENDER. II Grantor falls to oomply with any provision of Ihls Deed of Trusl, or If any aollon or prooeedlng Is commenoed
Ihal would materially affecl Lender's Interesls In Ihe Property, Lander d'n Grantor's behalf may, but shall not be required to, lake any aollon that
Lender deems appropriate. Any amount that Lender expends in so doing will bear inlerest at the rate provided for In the Nole from the date
Incurred or paid by Lender to the dale of repaymenl by Granlor. All suoh expenses, at Lender's opllon, will (a) be payable on demand, (b) be
added to Ihe balanoe of Ihe Note and be apportioned among and be payable with any installment payments 10 beoome due during ellher (I) the
term of any applicable insurance polley or (II) the remaining term of the Nole, or (c) be trealed as a balloon payment which will be due and
payable at the Note's maturily. This Deed of Trust also will secure payment of these amounts. The rights provided for in this paragraph shall be
In addition to any olher rights or any remedies to which Lender may be 'entllled on account of the default. Any such acllon by Lender shall not be
construed as curing the default so as to bar Lender from any remedy tha.tll otherwise would have had.
WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownarshlp of the Property are a part of this Deed of Trust.
Tille. Grantor warranls Ihat: (a) Granlor hotds good and marketabla title of record to the Property In fee simple, free and clear of all liens
and enoumbrances other than those set forth in the Real Property. description or in any tille insurance policy, title report, or final title opinion
Issued in favor at, and accepted by, Lender in connection with this Deed of Trust, and (b) Grantor has the full right, power, and authority 10
execute and deliver this Deed of Trust to Lender.
I
Defense of Title. SubJect (0 the exception In the paragraph abovf3, Granlor warrants and will forever defend the Illle 10 Ihe Property against
the lawful claims of all persons. In Ihe event any acllon or proceeding Is commenced that quesllons Grantor's title or Ihe Interest of Trustee
or Lender under this Deed of Trust, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party In such
proceeding, but Lender shall be entitled to participate In. the proe::eedlng and to be represented In the proceeding by oounsel of Lender's
own choice, and Grantor will deliver, or cause to be delivered, to Lender such Instruments as Lender may request from lime to time to perml!
such partlclpallon.
Compliance With Laws. Grantor warrants that the Properly and Grantor's use of the Properly complies with all existing applicable laws,
ordillsnces, and regulations of governmental authorities.
CONDEMNATION, The following provisions relating to condemnation proceedings are a part of this Deed of Trust.
Application of Net Proceeds. If all or any part of the Properly Is condemned by eminent domain proceedings or by any proceeding or
purchase In lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied to
Ihelndebtedness or the repair or .restoratlon of the Property. The net proceeds of the award shall mean the award after payment of all
reasonable costs, expenses, and allorneys' fees Incurred by Trust~e or Lender in connection with the condemnation.
Procaedlngs, If any prooeedlng In condemnallon Is flied, Grantor shall promplly nollly Lender In wrillng, and Granlor shall promplly take
such sleps as may be necessary to defend lhe action and obtain the award. Grantor may be the nominal party in such proceeding, but
Lendar shall be entitled to participate In the proceeding and 10 be reprasenled In Ihe proceeding by counsel ollis own oholoe, and Grantor
will deliver or cause 10 be delivered to Lender such lllstruments as may be requested by it from time 10 lime to permit such participation.
IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relallng 10 governmenlallaxes,
fees and charges are a part of this Deed of Trust:
Current Taxes, Fees and Charges, Upon request by Lander, G(antor shall execute such documents In addition 10 this Deed of Trusl and
lake whatever other Bcllon Is requesled by, Lender to perfecl and continue Lender's lien on the Real Property. Granlor shall reimburse
Lender for all taxes, as described below, together with all expenses Incurred in recording, perfecting or continuing this Deed of Trust,
including without limitation all taxes, fees, documentary stamps, a~d other charges for recordIng or registering this Deed of Trust.
Taxes. The following shall conslilute taxes to which this section applies: (a) a specific lax upon this Iype of Deed of Trust or upon all or any
part of the Indebtedness seoured by this Deed of Trust; (b) a speelllo tax on Granlor whloh Grantor Is authorized or required 10 deduot from
payments on the Indebtedness secured by this type of Deed of T(ust; (c) a tax on thIs type of Deed of Trust chargeable against the Lender
or the holder of the Note; and (d) a speolflo lax on all or any portion of the Indebledness or on payments of prinCipal and Interest made by
Granlor, ~
Subsaquant Taxas. If any lax to whloh this saollon applies Is enaclad subsequent 10 the dale of Ihls Deed of Trusl, this evenl shall have the
same effeel as an Event of Default (as defined below), and Lend~r may exercise any or all of lis available remedies for an Event of Default as
provided below unless Granlor either (a) pays the tax before it becomes delinquent, or (b) contesls the lax as provided above in Ihe Taxes
and Liens seclion and deposlls with Lender cash or a sufficient corporale surety bond or other security satisfactory 10 Lender.
SECURITY AGREEMENT; FtNANCING STATEMENTS, Tha fOllowing' provisions relating to this Deed of Trusl as a securlly agreement are a part
01 this Deed of Trusl.
Security Agreement. This Instrument shall conslilule a securJlY! agreemenl to lheextent any of the Properly conslilutes fixlures or other
personal property, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as, amended from lime to
lime. .
Security Interest. Upon requesl by Lender, Grantor shall exec'ute financing stalements and lake whatever other action Is requested by
Lender to perfecl and continue Lender's security Intereslln the Roants and Personal Properly. In addUlon to recording this Deed at Truslln
the real property records, Lender may, at any time and without further aulhorizallon from Granlor, file executed counterparts, caples or
reproductions of this Deed of Trust as a financing statement. Grantor shall reimburse Lender for all expenses Incurred In perfecllng or
continuing this security Interest. Upon default, Grantor shall assemble the Personal Property In a manner and at a place reasonably
convenient to Grantor and Lender and make It available to Lender within three (3) days after receipt of wrillen demand from Lender.
Addressas. Tha mailing addressas of Grantor (debtor) and Lendar (seoured party), from which informallon ooncarnlng Ihe seourtty Inlerest
granted by this Dead of Trust may be oblalned (each as required by the Uniform Commercial Coda), are as stated on the firsl page of Ihis
Deed of Trust. '
FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assuranoas and atlorney-In-faot ara a part of Ihis
Deed of Trust. ,~
I
Further Assurances. AI any time, and from lime to time, upon request of Lender, Granlor will make, execute and deliver or will cause 10 be
made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause 10 be filed, r~corded, refiled, or
rerecorded, as Ihe case may be, al such times and ,In such offices aod places as Lender may deem appropriate, any and all such
,
("I
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01-15-1999
DEED OF TRUST
(Con'linued)
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Page 4
,
mortgages, deeds of Irust, security deeds. security agreemenl.li, financing stalemenls, continuation statements, instrumenls of further
assurance, certificales, and other documents as may, In the sole opinion of Lender, be necessary or desirable In order 10 eHectuale,
complele, perlecl, conllnue, or preserve (a) Iha obllgallons of Granlor under Ihe Nola, Ihls Deed of Trusl, and Ihe Relaled Documenls, and
(b) Ihe liens and securlly Inleresls crealed by Ihls Deed of Trusl,as firsl and prior liens on Ihe Property, whelher now owned or hereafter
acquired by Granlor. Unless prohlblled by law or agreed to Ihe conlrery by Lender In wrlling, Granlor shall reimburse Lender for all cosls
and expenses Incurred In conneclion with the matters referred to In this paragraph.
Attorney-In-Fact. I' Grantor falls 10 do any of the things referred to In the preceding paragraph, lender may do so for and In the name of
Granlor and at Gralltor's expense. For such purposes, Granlor hereby Irrevocably appoints Lender 8S Granlor's ellamay-in-fact for the
purpose at making, executing, delivering, filing, reCording, and doing all other things as may be necessary or desirable, In lender's sole
opinion, to accomplish the matlers referred to in the preceding paragraph.
FULL PERFORMANCE, Truslee may, upon producllon of Ihe Nole duly cancelled, ralaase Ihls Deed of Trust, and such ralease shall conslllule a
release of the lien for all such addillonal sums and expendilu'res made pursuant to this Deed of Trust. lender agrees to cooperate wllh Grantor in
oblaining such release and releasing the other collaleral securing the Indebtedness, Any release fees required by law shall be paid by Grantor, if
permill~d by applicable law.
DEFAULT. Each of the following, al the option of Lender, shall constitu1e an event of default ("Event of Detault") under this Deed of Trust:
Defaull on Indebtedness. Failure of Grantor to make any payment when due on the Indebtedness.
Defaull on Other Payments. Failure of Grantor within the lime re:qulred by this Deed of Trust to make any payment for laxes 'or insurance,
or any other payment necessary to prevent filing of or 10 effect disqharge of any lien,
Compliance Default Failure of Grantor to comply with any other lerm, obligallon, covenant or condition contained in this Deed of Trust, lhe
Note or in any of the Relaled Documents. {
False Statements. Any warranly, represenlallon or statement made or furnished 10 Lender by or on behalf of Grantor under this Deed of
Trust, Ihe Note or the Related Documents Is false or misleading In l:tny malerial respect, either now or atlhe lime made or furnished.
,
Defecllve Collaterallzallon. This Deed of Trust or any of the Related Documents ceases to be in full force and effect (including failure of
any collateral documents 10 create a valid and perfected securlly Jriterest or lien) at any lime and for any reason,
Death or Insolvency. The death of Grantor, the Insolvency of Grantor, the appointment of a receiver for any pari of Grantor's property, any
assignment for the benetil of credllors, any type of creditor wor""outl or the commencement of any proceeding under any bankruptcy or
Insolvency laws by or agalnsl Grantor.
Foreclosure, Forfeiture, etc, Commencement of foreclosure. or foriellure proceedings, whelher by judicial proceeding, self-help,
repossession or any other method, by any creditor of Grantor or by any governmental agency against any of the Property. However, this
subseclion shall not apply In the event of a good faith dispute by Grantor as 10 the validity or reasonableness of Ihe claim which is Ihe basis
of the foreclosure orforefeiture proceeding, provided that Grantor gives Lender wrillen notice of such claim and furnishes reserves or a
surety bond for the claim satisfactory to Lender.
Breach or Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lellder that Is nol
remedied within any grace period provided therein, Including Without limitallon any agreement concerning any indebledness or other
obligation of Grantor 10 Lender, whether existing now or later.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the, Indebtedness or any
Guaranlor dies or becomes Incompetent, or revokes or disputes Ihe validity of, or liability under, any Guaranty of the Indebtedness. Lender,
at Us option, may, but shall not be required to, permit Ihe Guarantor's estate to assume uncondilionally the obligations arising under the
guaranty In a mallner satisfactory to Lender, and, In doing so, cure the Event of Default.
Insecurity. Lender In good fallh has reasonable oause to believe II is Insecure or that its collateral Is Impaired,
Right to Cure. If such a failure is curable and If Granlor has not heen given a notice of a breach of the same provision of this Deed of Trust
wilhin the preceding twelve (12) months, It may be cured (and no Event of Default will have occurred) it Granlor, after Lender sends wrillen
notice demanding cure of such tailure: (8) cures the failure withlll.twenty (20) days; or (b) if the cure requires more Ihan twenty (20) days,
immediately initiates steps sufficient to cure the failure and thereafter conlinues and completes all reasonable and necessary sleps sufficienl
10 produce compliance as soon as reasonably practical.
RIGHTS AND REMEDIES ON DEFAULT, Upon Iheoccurrence of any Evenl of Delaull and al any lime Ihereafter, Truslee or Lender, allls
option, may exercise anyone or more of the following rights and remedies, in addition to any other rights or remedies provided by law:
Accelerate Indebtedness. Lender shall have the right at lis option wifhout nolice to Grantor to declare the entire Indebtedness immediately
due and payable, including any prepayment penalty which Grantor WoUld be required 10 pay.
Foreclosure. Lender s~all have Ihe rlghlto cause all or any part of Ihe Real Properly, and Personal Property, If Lender decides 10 procead
against II as if It were real property, to be sold by the Trustee according to the laws of the Slate of Colorado as respects foreclosures against
real properly. The Trustee shall give nolice In accordance with the laws of Colorado. The Truslee shall apply Ihe proceeds of Ihe sale In I~e
following order: (a) 10 all costs and expenses of the sale, Including but not limited to Trustee's fees, attorneys' fees, and the cost of title
evidence; (b) to all sums secured by this Deed of Trust; and (c) the excess, if any, to the person or persons legally entitled to the excess.
UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party
under the Uniform Commercial Code.
Coftecl Rents, Lender shall have the righi, wllhoul nollce to Granlor, 10 take possession of and manage Ihe Properly and collecllhe Renls,
including amounts past due and unpaid, and apply Ihe nel prpceeds, over and above Lender's cosls, agalnsl Ihe Indebledness. In
furtherance of this right, Lender may require any tenant or olher user of Ihe Properly to make payments of renl or usa fees directly 10 Lender.
If the Renls are collected by Lender, then Granlor Irrevocably designates Lender as Grantor's attorney-In-fact 10 endorse Illstruments
received in paymsntlhereof in the namB of Granlor and to nagoUale Ihe same and collect the proceeds. Payments by tenants or other users
10 Lender!n response to Lender's demand shall satisfy the obligations for whIch the paymanls are made, whether or not any proper grounds
for the demand exlsled. Lender may exercise its r1ghls under this subparagraph either in person. by agenl, or lhmugh a receiver.
Appoint ReceiVer. lender shall have the right to have a receiver appointed 10 take possession of all or any part of the Property, with the
power 10 prolect and preserve the Property, to operate the ProperlY preceding foreclosure or sale, and to collect the Rents from the Property
and apply the proceeds, over and above the cost of the recalve~"Shlp, against the Indebtedness. The receiver may serve wlthoul bond If
permitted by law. Lender's right to the appointment of a receiver,shallexlsl whether or not the apparent value of the Property exceeds the
Indebtedness by a substantial amount. Employment by Lender ~hall not disqualify a person from serving as a receiver. Receiver may be
appolnled by a court Of compelenl jurlsdicllon upon ex parte appllcallon and wllhoul nollce, nollce being expressly waived.
Tenancy at Sufferance, If Granlor remains In possasslon of Ihe Property after Ihe Property Is said as provldad above or Lender otherwise
becomes entitled to possession of the Property upon default at.. Grantor, Grantor shall become a tenant al sufferance of Lender or the
purchaser of Ihe Property and shall, al Lendar's opllon, ell her (a) pay a reasonable renlal for the usa of I~e Property, or (b) vacale Ihe
Property Immediately upon the demand of Lender.
Ot~er Remedies. Truslee or Lender shall have any olher rlghl or remedy provided In this Deed of Trust or Ihe Nole or by law.
Sale of the Property. In exercising Its rights and remedies, Lender shall be free 10 designate on or before It files a nollce of elecllonand
demand wllh the Truslea, that the Trustee sell all or any part of Ihe Property togelher or separalely, In one sale or by separala sales. Lender
shall be enlllled 10 bid al any public sale on all or any porllon of Ihe Property. Upon any sale of the Properly, whether made under a power
of sale granted in this Deed of Trust or pursuant 10 judicial proceedIngs, if the holder of the Nole is a purchaser at such sale, II shall be
enlitled 10 use and apply all, or any portion ofjthe Indebtedness for or In setllement or payment of aU, or any portion of, the purohase price
of the Property purchased, and, in such case, this Deed of Trust, the Nole, and any documenls evidencing expendllures secured by this
Deed of Trust shall be presented to the person conducting the sale in order that the amount 01 Indebtedness so used or applied may be
credited thereon as having been paid.
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01-15-1999
DEED OF TRUST
(Continued)
Page 5
Waiver; Election or Remedies. A waiver by any party of a breach of a provision of this Deed of Trust shall not conslilute a waiver of or
prejudice the party1s rights otherwise to demand slrict compliance with Ihat provision or any other provision. Election by Lender to pursue
any remedy provided In this Deed of Trust, the Note, In any Related Document, or provided by law shall not exclude pursuit of any other
remedy, and an elecllon 10 make expendllures or to take action to perform an obligation of Grantor under this Deed of Trust after failure of
Grantor 10 perform shall nol affect Lender's right to declare a defa~lt and 10 exercise any of lis remedies.
Attorneys' Feesj Expenses. If Lender forecloses or Institutes any suit or act/on 10 enforce any of the terms of this Deed of Trust, lender
shall be entllled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and on any appeal, Whether or not any
court acllon Is Involved, all reasonable expenses Incurred by Lender which In Lender's opinion are necessary at any lime for the protection
of its Interest or the enforcement of lis rights shall become a part of Ihe Indebtedness payable on demand and shall bear Interest at the Note
rate from the date of expendllure unlll repaid. Expenses covered by this paragraph Include, wlthoutllmilatlon, however subject to any limits
under applicable law, Lend,er's attorneys' fees whether or nol fhere Is a lawsull, InclUding attorneys' fees for bankruptcy proceedings
(including efforts to modify or vacate any automatic stay or lnjullcllon). appeals and any anticipated post-judgment collection servfces, the
cost of searching records, obtaining title reports (Including foreclos'ure reports), surveyors' reports, appraisal fees, title Insurance, and fees for
the Trustee, to the extent permitted by applicable law, Grantor also will pay any court costs, In addltlon 10 all other sums provided by law.
Rrghfs of Trustee. Trustee shall have all of the rights and dulles 9f Lender as set forth In this secllon.
POWERS AND OBL'GA TIONS OF TRUSTEE. The following prov/slolls relating to Ihe powers and obligations of Trustee arB part of this Deed of
Trust.
Powers of Truslee. In additlon to all powers of Trustee arising as a 'matler at Jaw, Trustee shall have the power to take the following acllons
wilh respeel 10 Ihe Property upon Ihe wrlllen request 01 lender end Grenlor: (al Join In preparing and filing a map or pial of Iha Real
Property, Including the dedlcallon of streets or other rights 10 the public; (b) join In granting any easement or creating any restriction on the
Real Properly; and (c) join In any subordinetlon or olher agreemenl allecling Ihls Deed 01 Trust or Ihe Interesl of lender under Ihls Deed of
Trust.
Obligations 10 Notify. Trustee shall not be obligated 10 notify any 01 her party of a pending sale under any other Irust deed or lien, or of any
aclion or proceeding in which Grantor, Lender, or Trustee shall bala party, unless the acllon or proceeding is brought by Trustee.
Trustee. Truslee shall maet all qualifications required for Truslee under appllcabla law. In addition 10 Ihe rlghls and remedies sel forth
abova, wllh respecl 10 all or any part 01 Ihe Property, the Truslee shall have Ihe rlghl 10 loreclose by notice end sale, and lender shall have
Ihe right 10 foreclose by Judicial foreclosure, In ellher case In accordance wllh and 10 Ihe full exlenl provided by applicable law.
NOTICES TO GRANTOR AND OTHER PARTIES, Any notice under Ihls Deed of Trusl shall be In wriling, may be sant by telefacslmlle (unless
olherwise required by law), and shall be effective when actually delivered, or when deposited with a nalionally recognized overnight courier, or, if
mailed, shall be deemed effective when deposited In the United states mail first class, cerlified or H~9ister6d mail, postage prepaid, direcled to the
addresses shown near the beginning of this Deed of Trust Any party may change its address for notices under this Deed of Trust by giving
formal written notice to the other parties, specifying that the purpose of the notice is 10 change the party's address. All caples of noUcesof
foreclosure from Ihe holder of any lien which has priority over Ihis Deed of Trust shall be sellt to Lender's address, as shown near Ihe beginning
of this Deed of Trust. For notice purposes, Grantor agrees to keep lender and Truslee Informed at all limes of Granlor's current address.
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of Ihis Deed of Trust:
Amendments. This Deed of Trust. together with any Related Documents, constitules the entire understanding and agreement of the parties
as to Ihe matters set forth In this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be effective unless given In writing
and signed by the party or parties sought to be charged or bound by the alteration or amendment.
Applicable Law. This Deed of Trust has been delivered to Lender and accepled by lender In the State or Coloredo. ThIs Deed of
Trusl shall be governed by and construed In accordance with the laws of the Slate or Colorado.
Caption Headings. Caption headings In this Deed of Trusl are for convenience purposes only and are not 10 be used to Interpret or define
the provisions of this Deed of Trust,
Merger. There shall be no merger of Ihe Inleresl or eslale crealed by Ihis Dead 01 Trust wllh any olher Interest or eslale In the Properly at
any lime held by or for Ihe benefit of lender In any capacity, wllhoul the written consent 01 lender.
Severability. If a court of competent JuriSdiction finds any provision of this Deed of Trust to be Invalid or unenforceable as to any person or
circumslance, such finding shallllot render that provision illvalld or unenforceable as to any other persons or circumstances, If feasible, any
such offending proviSion shall be deemed to be modified to be within the llmlls of enforceabillly or validity; however, if the offending
provision cannol be so modified, It shell be stlicken and all olher provisions 01 this Deed 01 Truslln all other respecls shall remeln valid and
enforceable.
Successors and Assigns, Subjecl 10 Iha IImltallons slaled In this Deed 01 Trusl on Iransler 01 Granlo~s Inlerest, this Deed 01 Trust shall be
binding upon and Inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested In a person
olher than Grantor, Lender, without notice to Grantor, may deaf. wllh Granlor's successors with reference to this Deed Of Trust and the
Indebte(:fness by way of forbearance or extension without releasl('lg Grantor from the obligations of this Deed of Trust or liability under the
Indebledness. '.
Time Is of the Essence. Time Is of the essence In the performance of this Deed at Trust. '
WaIvers and Consents. Lender shall not be deemed to have waived any rights under this Deed of Trust (or under the Related Documents)
unless such waiver is in writing and signed by, Lender: No delay or omission on the part of Lender In exercising any right shall operate as a
waiver of such right or any other right. A waiver by any party of a provision ot this Deed of Trust shall nol constitute a waiver of or prejUdice
Ihe party's right otherwise to demand stdct compliance with that provision or any other provision. No prior waiver by Lender, nor any course
01 dealing between lender and Grantor, shall constitute a waiver of any of Lender's rights or any of Granlor's obligations as to any future
transactions, Whenever consent by Lender Is required in this Deed of Trust, the granting of such consent by Lender in any instance shall
nol constitute continuing consent 10 subsequent instances where such oonsent is required, "'Z
Waiver of Homestead Exempllon. Grantor hereby releases and waives all rights and benerits of the homestead exemption laws of the
Stale 01 Colorado as 10 alllndebledness secured by Ihls Deed of Trust.
EACH GRANTO CKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND EACH GRANTOR AGREES TO
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Alice M. Brien .....
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01-15-1999
DEED OF TRUST
(Continued)
Page 6
STATE OF
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INDIVIDUAL ACKNOWLEDGMENt?~.O T AR }~\
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MY COMMISSION EXPIRES'
JUNE 5, 2001
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COUNTY OF
On this day before me, the undersigned Notary Public. personally appeared Allee M. Brien, to me known 10 be Ihe individual described In and
who execuledlhe Deed of Trust, and acknowledged Ihat he or she signed the Deed of Trust as his or her free and voluntary act and deed, for the
uses and purposes therein menlloned. "11-l
:~venro4~J1;ty;W 1 Lj
Notary PUblic In and lor the Slote 01 &wt:-{>y()o
'dayol 0ANU~ ,1'Cfj
Residing 0,,117 E Ot'jC,IN,S 1t3tN,{!O 'iSlro f/
My commission expires oJJJ A:Ei s: za:::, /
LASER PAO. Reg. U.S. Pal. & T.M. Qlf., Ver. 3.25a (a) 1999 CFf ProServlaes,lna. Alfrlghls reserved.ICO-GOl E3.25 F3.25 P3.25 BAlfNUN]
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