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Home My WebLink AboutLand Use Case.320 Lake Ave.HPC 12-96(-320 Lake ~4Marsha-1.~~~~~ - 2735-124-01-002 & 033-- 1,~ 866 dt- 9 z 1H P I7 L -. CASELOAD SUMMARY SHEET CITY OF ASPEN HISTORIC PRESERVATION COMMISSION DATE RECEIVED: 4/25/96 CASE # HPC 12-96 DATE COMPLETE: PARCEL ID # 2735-124-01-002 & 003 PROJECT NAME: Marshall/Hallam Lake Minor HPC Review Project Address: 320 Lake Avenue, Aspen APPLICANT: Ronnie Marshall Address/Phone: 320 Lake REPRESENTATIVE: Jim-â‚¬tutis~ C.&,L- Address/Phone: 1020 Snowmass Creek Rd., Snowmass, CO 81654; 927-4327 PLANNING FEE: $115 # APPS RECEIVED 1 FEE RECEIVED: $115 # PLATS RECEIVED 1 TYPE OF APPLICATION: Minor Developmeni ltevieâ€ž Bod, Meeting Date Public Hearing ? HPC LIYes LINo P&Z C]Yes C]No CC E]Yes C]No CC (2nd reading) C]Yes UNo REFERRALS: m City Attorney El Parks m Zoning Il Environmental Health U City Engineer Il Housing El Planning Il Other: Il Other: DATE REFERRED: INITIALS: DATE DUE: CLOSED/FILED DATE: ENITIALS: ROUTE TO: MEMORANDUM TO: Aspen Historic Preservation Commission THRU: Stan Clauson, Community Development Director FROM: Amy Amidon, Historic Preservation Officer RE: 320 Lake Avenue- Minor DATE: May 8,1996 SUMMARY: The applicant requests HPC approval to add a hot tub and extend the existing deck on the site. The property is a historic landmark. APPLICANT: Ronnie Marshall, represented by Jim Cook. LOCATION: 320 Lake Avenue, Lot 1, Marshall Lot Split, City and Townsite of Aspen. PROJECT SUMMARY AND REVIEW PROCESS: All development in an "H," Historic Overlay District, or development involving a historic landmark must meet all four Development Review Standards found in Section 26.72.010(D) of the Aspen Land Use Code in order for HPC to grant approval. 1. Standard: The proposed development is compatible in general design, massing and volume, scale, and site plan with the designated historic structures located on the parcel and with development on adjacent parcels when the subject site is in an 'H," Historic Overlay District or is adjacent to a historic landmark .... Response: The proposal is to add a deck and hot tub behind the existing house. The location of the hot tub is affected by the Hallam Lake "Environmentally Sensitive Area" overlay, which requires development to be set away from the edge of the slope. This issue will be reviewed by the Planning and Zoning Commission. The extended deck and hot tub wW not be visible from the street and have no direct physical or visual impact on the historic structure. The applicant must provide an elevation orthe proposed railing for review by staff and monitor. .. 2. Standard: The proposed development reflects and is consistent with the character of the neighborhood of the parcel proposed for development. Response: The proposal has no impact on the character of the neighborhood. 3. Standard: The proposed development enhances or does not detract from the historic significance of designated historic structures located on the parcel proposed for development or on adjacent parcels. Response: The proposed deck and hot tub do not impact the historic significance of the designated structure. No demolition or direct attachment to the historic house is necessary. 4. Standard: The proposed development enhances or does not diminish from the architectural character and integrity of a designated historic structure or part thereof. Response: There is no impact on the architectural character or integrity of the historic structure. ALTERNATIVES: The HPC may consider any of the following alternatives: â€¢ Approve the Minor Development application as submitted. â€¢ Approve the Minor Development application with conditions to be met prior to issuance of a building permit. â€¢ Table action to allow the applicant further time for restudy. (Specific recommendations should be offered.) â€¢ Deny Minor Development approval finding that the application does not meet the Development Review Standards. J RECOMMENDATION: Staff recommends that HPC approve the minor development application with the condition that an elevation of the railing be submitted for review by staff and monitor. .. RECOMMENDED MOTION: "1 move to approve the minor development application for 320 Lake Avenue with the condition that an elevation of the proposed railing be submitted for review by staff and monitor." ADDITIONAL COMMENTS: j I-----*...I- ./ Li uu,r- 'c- Li ~AND USE APPIEATIal REM ~ 1=>* 2 1) Project NanE . Q o k.1,0 \6. kl AbQ.SÂ»Ke*-4- 2) Project Loc:aticn *20 L Ake dr-geer-. Aeapâ‚¬*J, C:> 21 (A 1 - + '5â‚¬e ATI--AC Her) sugve'~r- (indicate street aidress, lot & block runber, legal description Viere appropriate) UG 3) Present Za,ing 4) IÂ£,t Size 7015 5.9 5) Applicant ' s Name, Aikiress & Rxne * 1~> 4 Al \ E 44 5 12.*44 A-LA- *29 LeÂ«E srwee-U, Am,pew,CE. 5(GIl 69-103 *zeÂ· Esal 6) PR-ir.enectative ' s Name, Address & Phcne 0 --~ \ M fi~22\51- (040 42,bk>WMA,5,9 ORk FO. 4,4OAUAA,89, do 8\664 ('470 927- 432-7 7) Type of Applicaticn (please dieck.all that a~ply): (kniiticnal Use .-. arreptial SPA Cornegbial Historic Dev. Special Review Firml SPA Final Historic Dev., 8040 Greenline - Cki=ptial FOD ..~Mincr Historic Dev. Stream Margin Final ED Hist=ric Demliticn Mourtain View Plane Subdivisicn - Historic Designaticn Midaoinitnizaticn .-' 'Iâ„¢,1:/Map Amendment - (203 AllÂ¤tment Lot Split/Ict I.irâ€¢e.0-~- E~* #664 M l.â€¢4<C (215 Ex,=f,ti r.i Adjustment 8) Descriptini of Eyi=ting Uses (number and type of existing structures; approcinate sq. ft.; runber of bedrocms; any previam apprrivals granted to the property). -Tkt STOZY 9<UC,LE -EMA\L-Y -ZE*6\ Delt(e AePE.0>4 \ADOSP THWEE -efere-COM - 'Ser Fi#:-CAL- vÂ».2.1, AUCG -21- 21uu)6 10AeÂ© ov ADJUSTMEATT Jous op &19 1 9) Descripticn of Develgment Applicaticn 26( /) r-Â»:n D U o F- kle Kt - COkt'P:Epe w\ L OG JAOT- Tl_36, ADO\kkE> Â¢=~~brr-FEW.lr,2 -CÂ¥2-*1 p 6 2-n kkekiT THEEâ‚¬ -TO . 10) Havg You attached the folla~in~f? 2 Respcnse to Attad=lit 2, Minimin Suhnissicn Ocntents !/CAIesporse to Attadment 3, Specific a*EnissiÂ£n OXItaIts L/ Bes*nse to Attacbmelt 4, Ref,iew Star,Sards far Yan: Appli=tien 111 .. ATTACHMENT 2 DIMENSIONAL REQUIREMENTS FORM Applicant: Wo.-1 uia VtÂ»SS,MAAL-1- Address: :?020 4-Aâ€¢-Â¥UE <:Drlzeer Zone district: 2-G Lot size 10-16 4. F Existing FAR: }4.A Allowable FAR: A -14 Â· Proposed FAR. blÂ·A- Existing net leasable (commercial): A.A Proposed net leasable (commercial). 0 -4 Existing % of site coverage Â·21 075 Proposed % of site coverage 2090 Existing % of open space: N.A Proposed % of open space: ALA. Existing maximum height: Principal bldg- U. 6. Accesorv bida. Proposed max. height: Principal bldg W. A Â· Accessory bldg- Proposed % of demolition- Al-A Existing number of bedrooms: 6 Proposed number of bedrooms- -- . b=- U . A Existing on-site parking spaces- g. A On-site parking spaces reauired. U .4 Setbacks Existing Minimum required: Proposed: Front: as Front: 1 0 Front- 26 Rear- â‚¬> 1 Rear- ,<9 Rear: 115 2958 Combined Combined Combined Frontirear- 747 Frontirear: 26 FronUrear: - 54 180 Side: .24 YA . Side: 5 Side: :24 vÂ»- - Side: y..(2025 Side. S Side. ya.2, 5% Combined Combined Combined S ides: 24 ,Â»g. Sides: Â·21 Sides: 16 Â»Â».2 les Existing nonconformities or encroachments. ex (61-6 400%,6 - SeT 8*<Â£ Floera 6 1 Â¥De - ofÂ¥/Sl~ G Hor Tus Variations requested: Cel-oCAT-1 k.ki (-tor TUE> 4 Dec,=- Th, COM lpL-X 1-4/ [ZEGLA.AT-\0Â¥1'6 j (HPC has the ability to vary the following requirements: setbacks, distance between buildings, FAR bonus of up to 500 sq.11., site coverage variance up to 5%, height variations under the cottage infill program, parking waivers for residential uses in the R-6, R-15, RMF, CC, and O zone distncts) U. 6 Lar '-rF#.i C A-Ve>LE= 0 0 Parflf FROM >EDESK OF :~~~ f;~<~4< JAMES M. COOK APRIL 19, 1996 REF: HOT TUB RELOCATION RONNIE MARSHALL 320 LAKE STREET ASPEN, CO. 81611 THE FOLLOWING IS IN RESPONSE TO ATTACHMENTS 3 & 4: ATTACHMENT 3: GENERAL SUBMISSION REQUIREMENTS 1. SEE ATTACHED LETTER. 2. SEE ATTACHED SURVEY BY ASPEN SURVEY ENGINEERS. 3. SEE ATTACHMENT FROM STEWART TITLE COMPANY. 4. ATTACHED. ATTACHMENT 4: SPECIFIC SUBMISSION REQUIREMENTS - MINOR DEVELOPMENT REVIEW 1. SEE ATTACHED SURVEY. 2. SEE WRITTEN DESCRIPTION ITEM 4. 3.SEE ATTACHED DRAWING. 4. THE EXISTING TWO STORY VICTORIAN STYLE HOUSE CONSIST OF PAINTED BEVELED BOARD SIDING WITH CONSISTENT ORNAMENTATION, WITH WOOD PORCHES AND DECKS ATTACHED THERETO. IT IS INTENDED THAT THESE DETERIORATING EAST DECKS BE RESURFACED AND EXTEND TO ACCOMMODATE THE RELOCATION OF THE NON-CONFORMING HOT TUB. THE MATERIALS WILL BE PAINTED AND EXPOSED REDWOOD. EXISTING HANDRAILS TO BE MODIFIED TO CONFORM TO NEW DESIGN. THE NEW DESIGN IS A FORMAL APPLICATION ADDRESSING THE SYMMETRY OF THE EAST ELEVATION AND GENERATING OFF THE CENTER LINE OF THE EXISTING KITCHEN. THE DECK AND THE HOT TUB ARE STEPPED DOWN FROM THE MAIN FLOOR ELEVATION TO LESSEN THE IMPACT ON THE EXISTING. THE VISUAL IMPACT IS MINIMAL TO THE HISTORICAL SIGNIFICANCEOF THE EXISTING HOUSE WITH NO IMPACT TO THE STREETS CAPE AND PUBLIC VIEW. THE PROPOSED DESIGN WILL HAVE NO INFLUENCEON THE INCONSISTENCY OF THE SURROUNDING NEIGHBORHOOD. 1020 SNOWMASS CREEK ROAD SNOWMASS, COLORADO 81654 (970) 927-4327 .. q* APRIL 17,1974 DAVE MICHAELSON DEPUTY DIRECTOR ASPEN COMMUNITY DEVELOPMENT 130 SOUTH GALENA STREET ASPEN, COLORADO 81611 REF: SUBMRTALFOR RELOCATION OF EXISTING HOT TUB 520 ME LAKE STREET ASPEN, CO.81611 DEAR DAVE, THE FOLLOWING IS MY AUTHORIZATION OF JAMES M.COCK ASSOCIATES TO REPRESENT ME CONCERNING THE REFERENCED PROJECT. THEIR ADDRESS IS AS FOLLOWS: JAMES M. COOK ASSOCIATES 1020 SNOWMASS CREEK ROAD SNOWMASS, COLORADO 81654 ( 970) 927 - 4327 MY MAILING ADDRESS AND TELEPHONE NUMBER ARE: RONNIE MARSHALL 302 LAKE STREET ASPEN, CO 81611 ( 970) 925 - 5551 1 TRUST THIS IS WHAT YOU NEED TO PROCEED WITH THE APPLICATION. ( YO~*RULY, 9Â«ruux' twik~ RONNIE MARSHALL \ *'40/.,â€ž . 1 ur. I Ali TA $ r . I , 0 HALLAM LAKE BLUFF ESA 03/\ 1~ / X I 97\ /\ j A ax./ 6 W . approximate location pf 7850' elevation .. . 100' wide ESA , 04 L~-n\\\, r 35.7 L - f \ ...4.# Lâ€¢.i S . \ il\\ .. d.1.1.1.1.A ., . 11 0 . iLL-1Â®Lit\ .. p PUB ff- t. i ! 1 1 11 1-71 Â· ...3 ---+4-__ ~1â€¢ ~â€¢14*4â€¢~4~h'~~T~~~~4~2 .... .. . I --tt:66L1Â£&2,; trÂ·,6, .- 5MUGGLE< *11 - 4 SCI ll142 I 4. . , Â¥ ' til ....... -T- 3 . I Sdi- - (SPA) W. FKNIC)$ iTÂ· 4 T-[1811-|lf[} HEM -- ACIM f.*8 . -- - -- NC 0 B . 6 2-1.jH . Â· NSPA) C KALL A-U 't *8 El _ _ 4- j 4 [LUÂ£[[1 1 -TO J.lilli - O! - ITR] 1 -1 1 -3 1 K - 1 [fT[[[1 . 0 1 1 6 w Idâ‚¬<CW 17 1 i r---- - - ,1- I ' .''' I''' *./.T'I'''Il//''/-1 (L HB 93;11, 6'-O- B'-O HLB SETBACK ' E>dSl-IN6 1 nOOD - EXISTING DECK i HOT TUB U TOP OF ~-N RELOCATED BANK - \2Â« 15 EXISTING HOUSE - --~- - ~~-~-~ ~1 E-f--- /1-7 11 /- 1 \ +O -6 , REMOVE ED<ISTING EXISTINe -~ L 4/ 1 HILL SIDE HOT TUB :RESTORE t'COD NEFY DECK . L 1 DECK 1 / 11 PLAN 1812 - 1840 &7'52 1 CE,1 \ 1 - PROPOSED SITE PLAN DESIGN \ 1"= 10'- 0" MARSHALL ~32:aG*LAKE STREET ASPEN, CO 51611 ....... Lc71' Â»FLA f LIU E-- #5"; A 4 o c-0-Tre Jvuceo -rete- 01 4- OF- -1*od K. Ae, 540~>J +4 g c.cÂ»J i pe~Â£_ -1.lif.e-Â£-0 9* - FEAL-Â£5- L-lkle- 12- i 9 ove-vateAO 0-Â·ri 4+Y 1-,Je- 1 , - 1 69 z.-576, ALUM 1_0 T 9 TOP OF ~0 L 9 11 01- 1 1 f , *Ae,1 37 0 4 *e-&*L\ - L 6 1 I 49* 0-1 2Â»*.Of fBA K.] K elac. Ae,-ru_ /1- \ 4~4/ 11,0.â‚¬267 1 1 1 4~7 '16,15=-9 97Â£7 '. A = -1'415Â·' 3': = -* ALUM. CAp . pÂ«dE-Â£- POLL HOR.Z. CNT- L W ocyg 0. Oft.Ok. A CL-- 46. ~ e 'E-Â£516Â»l-41/4919.) 1 00 6 416.14.Â· bor . rr. 4 Fo,AL-Â£- 72 \ ./ I. Â£72-1 A L. ' 6418-1 0- a Ar-eA :-1,01 9 5,67 Fl~ d 1 5/1,5, 55- 1 - \ 1 pOSTED ADDREBS 320 " t 00-r 1,77 - PAIFEL I SPA \ ~ECK 1 L ptl d 4 1,4 0 +Yolix 40 e-WAi / 0.4 :~M/c'C' r7 FS Â¢14 hA EL \ 1.11, i #07â‚¬,6 W'CIC,O 1 e ELA. \ 324 ,) IM Tor'F ovel-UAJ A -1-YPÂ· < 4- 1 6 ; 'Â·4 c 14' 1 I~ e W , , 50.9 -j- 0 1 6 3'Zy A = 1 042-' 525 1>- I ... L- - C S +0*.06 9 \, P S \I : j *il. 4 66. 00 1 V-Â· 6 , *41 wh k,12570 Vq *-' 1 , 3 - 011 6 4,4.46 ~ 4.2 3 .. 5, 1 3'63 9 1 .IE- 1.=:22. i:nah] 42(22 o ' Â·Â¢104 J Aff.- O J . 31- i u. 1 -7-f E-A 4,2-+1 Â·< T- Fs ~~ r- ; 'A Kle-L- IL " , g. 07 iVy. . 4 .Ge, 43 3 12 1 cid t>r_ 1 .. \ 1 - .. AN a N LbE_ ASPEN HIS~I C PRESERVATION COM MmSION MAY 8, 1996 Meeting was called to order by chairman Jake Vickery with Roger Moyer, Melanie Roschko, Susan Dodington, Sven Alstrom, Suzannah Reid and Mark Onorofski present. Excused was Martha Madsen. Melanie was seated at 5:10 p.m. MOTION: Roger moved to approve the minutes of April 24,1996; second by Sven. All in favor, motion carried 7-0. 320 LAKE AVENUE - MINOR DEVELOPMENT Amy Amidon stated that this application is to relocate an existing hot tub and the property is located along Lake Ave. There was an issue with the Hallam Lake environmentally sensitive area where you cannot have development close to the edge of the slope. They are being required to relocate the hot tub and it will be behind the existing house and extending the existing deck and replacing the hot tub. Staff found that it has no impact on the character of the house and is not visible from the street. Staff is recommending approval with the condition that Staff and Monitor see an elevation of the proposed railing which was not in the packet. Jim Cook represented the applicant and stated that the railing would be the same as existing. He stated that he would supply a picture. He stated that he is trying to rectify the problem in a timely manner. Roger asked what the height of the existing railing was that sits on the existing deck. Jim Cook stated that he was not sure but it appeared to be 30 inches. It is a typical 1920 handrail with posts and spiral spindles. Mark asked if it was a formed handrail with tapered spindles. Jim Cook stated that the spindles were spiral anfl around 50 years old. Amy stated that after HPC the application koes to P&Z for review. 1 ASPEN HISTORIC PRESERVATION COMM~ON MAY 8,1996 Susan stated that she used to live in the house next door, the Hume house, and she wanted to know if the hot tub was visible to that house or property. Jim Cook stated that it would be less visible than where the illegal hot tub is. There are bushes and that is one of the reasons for stepping it back from the property line to avoid tampering with the existing vegetation. Melanie asked how high the deck was raised. Jim stated that the existing porch is 24 inches above grade and they are stepping down at 6 inch increments to grade. Melanie stated that the hot tub would then be at grade and why the necessity of a handrail. Jim stated that it is 8 inches above grade and the handrail is only needed at the house itself. There area two sections that need handrails and we will be reusing the existing handrails. Suzannah asked about the re-vegetation o f the bank and will that occur. Jim stated that there is a cut into the hillside and they will back fill and compact it and the owner added landscaping originally in 1990 so basically it would be reseeding of the area. He also stated to his knowledge that there were not trees in that area. MOTION: Roger moved to approve the minor development application for 320 Lake Ave. with the condition that the elevation of the post and railing be submitted for review by Staff and monitor; second by Mark. Melanie asked if something about re-landscaping shouldn't be added to the motion to make sure the hill gets filled back in property. Jim Cook stated that in the submittal they stated that it would be revegetated. Amy stated that the revegetation will be discussed at P&Z. 2 ASPEN HIST(JMIC PRESERVATION COMMI~ON MAY 8,1996 VOTE: All in favor, motion carried 7-0. MOTION: Roger moved to add the Meadows Trustee Townhomes to the agenda as a worksession; second by Sven. All in favor, motion carried. TRUSTEE TOWNHOMES WORKSESSION Amy stated that a site visit was previously done. The town homes have been sold off to new owners who are coming in and wanting to improve the units and do something different. Minor changes have been approved. A few weeks ago we talked about the west side of the building, the back side and reconfiguring windows and the Commission said OK as long as they stayed within the same module and window type. Now they want to change the fronts of the buildings. Some people want the car port changed and some don't. The balconies are now being addressed and some have a stairway across the window that is awkward and some do not so it is not consistent as it exists. Some individuals want to shorten the balcony and have the window open. The Commission needs to decide how consistent the units should stay. Roger stated that the association should meet and apply to HPC and bring in one application as opposed to bring in ten individual applications. They can make a determination of what they want or don't want. Roger stated that he felt the designs should be consistent with Herbert Bayer but allow a little latitude. Amy stated that they do have a home owners association. Sven and Susan stated that they agreed with Roger's comments. Melanie stated that when they purchased the homes there had to be approved drqwings. Amy stated that approved drawings existing as to what HPC would accept and it was a very long process. 3 .. STEWART TITLE OF ASPEN~ INC. OWNERSHIP AND ENCUMBRAN E REPORT Order No.: 00022648 PREPARED FOR: 9999900 STEWART TILLE OF ASPEN, INC. HEREBY CERTIFIES from a search of the books in this ofice that title to: Parcel I, MARSHALL LOT SPLIT, according to the Plat thereof recorded January 26, 1988 in Plat Book 20 at Page 54. COUNTY OF PITKIN, STATE OF COLORADO situated in the County of Pitkin, State of Colorado, appears to be vested in the name of: RONNIE MARSHALL and that the above described property appears to be subject to the following liens: 1. Lis Pendens, Case No. 90CV274, District Court, Pitkin County entitled Jon K. Dyer d/b/a Dyer Construction Co., Plaintiff vs Ronnie Marshall, Benjamin Ferris, E. W. Young, Aspen Savings and Loan Association, Pitkin County Bank and Trust, and the Public Trustee of Pitkin County, Colorado, Defendant, recorded December 26, 1990 in Book 636 at Page 515 as Reception No. 329064. 2. A Deed of Trust dated December 6, 1993, executed by Ronnie Marshall, to the Public Trustee of Pitkin County, to secure an indebtedness of $200,000.00, in favor of FBS Mortgage Corporation, a Nevada Corporation, recorded December 10, 1993 in Book 734 at Page 531 as Reception No. 364420. NOTE: The beneficial interest under said Deed of Trust was assigned of record to Capstead Inc. by FSB Mortgage Corporation, a Nevada Corporation recorded November 28, 1994 in Book 768 at Page 134 as Reception No. 376743. EXCEPT any and atl taxes and assessments. EXCEPT all easements, rights of way, restrictions and reservations of record. This report does not reflect any of the following matters: (1) Bankruptcies which,from date of adjudication ofthe most recent bankruptcies, antedate the report by more than fourteen (14) years. (2) Suits andjudgments which, from date ofentry, antedate the report by more than seven (7)years or until the governing statue of limitations has expired, whichever is the longer period. (3) Unpaid tax liens which, from date of payment, antedate the repon by more than seven years. Althoughwe believe thefacts stated are true, this letteris not to be construed as an abstract oftitle, nor an opinion of title, nor a guaranty of title, and it is understood and agreed that Stewan Title of Aspen, Inc., neither assumes, nor witt be charged with any financial obligation or liability whatever on any statement contained herein. Dated: April 04, 1996 at 7:30 A.M. , at Aspen, Colorado STEWART TITLE OF XSPEN, INC. 41-191_ By: L---- "~<.--1 -- Authorized Signaturt .. STEWART TITLE OF ASPEN INC. OWNERSHIP AND ENCUMBRANdE REPORT Order No.: 00022648 PREPARED FOR: 9999900 STEWART mLE OF ASPEN, INC. HEREBY CERTIFIES from a search of the books in this ofice that title to: Parcel I, MARSHALL LOT SPLIT, according to the Plat thereof recorded January 26, 1988 in Plat Book 20 at Page 54. COUNTY OF PITKIN, STATE OF COLORADO situated in the County of Pitkin, State of Colorado, appears to be vested in the name of: RONNIE MARSHALL and that the above described property appears to be subject to the following liens: 1. Lis Pendens, Case No. 90CV274, District Court, Pitkin County entitled Jon K. Dyer d/b/a Dyer Construction Co., Plaintiff vs Ronnie Marshall, Benjamin Ferris, E. W. Young, Aspen Savings and Loan Association, Pitkin County Bank and Trust, and the Public Trustee of Pitkin County, Colorado, Defendant, recorded December 26, 1990 in Book 636 at Page 515 as Reception No. 329064. 2. A Deed of Trust dated December 6, 1993, executed by Ronnie Marshall, to the Public Trustee of Pitkin County, to secure an indebtedness of $200,000.00, in favor of FBS Mortgage Corporation, a Nevada Corporation, recorded December 10, 1993 in Book 734 at Page 531 as Reception No. 364420. NOTE: The beneficial interest under said Deed of Trust was assigned of record to Capstead Inc. by FSB Mortgage Corporation, a Nevada Corporation recorded November 28, 1994 in Book 768 at Page 134 as Reception No. 376743. EXCEPT any and all taxes and assessments. EXCEPT all easements, rights of way, restrictions and reservations of record. This report does not reflect any ofthefollowing matters: (1) Bankruptcies which, from date Of adjudication Of the most recent bankruptcies, antedate the repon by more than founeen (14) years. (2) Suits andjudgments which, from date of entry, antedate the report by more than seven (7) years or until the governing statue of limitations has expired, whichever is the longer period. (3) Unpaid tax liens which, from date of payment, antedate the report by more than seven years. Although we believe the facts stated are true, this letteris not to be construed as an abstract oftitle, nor an opinion of title, nor a guaranty Of title, and it is understood and agreed that Stewart Title of Aspen, Inc., neither assumes, nor will be charged with any financial obligation or liability whatever on any statement contained herein. Dated: April 04, 1996 at 7:30 A.M. , at Aspen, Colorado STEWART TITLE OFÂ»PEN, INC. 41--_32 _L By: L_-- - --t_J - Authorized Signaturk ,-m. LEGEND , fitoric=rf U de- 0 Fou,JO g.la.Ir,AQ.-MJ~ PLA*-r-,6 6.Ap L#. 46 *14)w/U PRE\/teUmL..7 FNO OUI L-012Â« l.4 pde- ....... Le,Â·r 9Â·F+Af ..IUE- o c.Â£7-Trohjw/000 -r =te- O,4. OP 7*godâ€¢- 45 *dew/J o cod i p e.c_ -rlz-te-- U Fe,Jad- 1-1425 LA OVE-0-Ae-40 1.-)-rt t..1-rY l.,1â€¢Je- I L.6 Z.-37&0â€¢ AL--0.1 . c:AF id gÂ£*..16. 1-0 7 9 a=.A .5 1 94 ~ ' TOP OF % L- 9 11 04 187.,71* 04 P BAN K. tuaL. A e.fUL 6,Ae, el 90. 1 ' /1 - /Of.'2 10. / \-3- A 64'41. ta p A = 1'42' Â·95' C . 635*. 6379 Fch,JEL POLL) 1 HORZ. CNT - Woorl 0 0 [7Â£<1,4 0 AU--1 4.â‚¬7.1Â¢57 ved,64~-(1~tzÂ·Â© 1 ~ 0 (00Â«0 er 4 F'C-'UL \ c.,1 . 46.14'.33 . ,\ 4Â£â‚¬* =-1,0-19 66? er d00.-1 Al- L.4281 - ,. r LI ID'Â»*'41 1.q c- , POeTED ADE=QESS SLO" . 60.31 17<. -T 1 - PARCEL I SPA \ DELK I / 41 1 P. Cvjo Â«ree-Y 1 9 1 (7~ 0 e/,Alâ‚¬ 400 r=7 00:.4 ME- to.4 \ 51/ i #0/40/* \Acco l \ PEZ.-,C- I' 2-c,oF ove.Â£-UAJ 60, -1-YP. < \ 04 - - b 1 - 1 ~42-'55 X F C.= 4-e,060 9 Pt,Â£44 . 1 / 16 19 Acce 6,6.cu' P 'MY HJ, Al *40 vaÂ»,0- 9 ' 1 -1 a s &416 /9 - 0 1 . 5.1 , 3.99.k f O 10' F't-4 JA-r t. UJ 0-Â·OULNÂ¥ . 0 . 0 U - f 1 4- 3 -7-1' 611 e e--wl r Fol rA ALE.,- :IL . 6 . 4 4 \00 . 0 0 0 0 5 3 12 + 560 ,:'* 't .1'A - IC-9 4 40 -?* r 9-922.' . ad â‚¬-r_. 433 5 71,0 . I - t. 4 Â· Â· Â· 1 j W ~ - 4 CERTIFICATION THE UNDERSIGNED STATES THAT THE PROPERTY DESCRIBED HEREON WAS ,IÂ»j-1.Â«- FIELD SURVEYED DURING /xeR I L ,1996 AND IS ACCURATE BASED ON THE FIELD EVIDENCE AS SHOWN, AND THAT THERE ARE NO ~ p.. M DISCREPANCIES OF RECORD, BOUNDARY LINE CONFLICTS, ENCROACHMENTS, EASEMENTS OR RIGHTS OF WAY IN FIELD EVIDENCE OR KNOWN TO ME, .lÂ· 11#.1 1,5 EXCEPT AS HEREON SHOWN. UNDERGROUND UTILITIES WITH NO ABOVEGROUND 4 i APPURTENANCES, AND DOCUMENTS OF RECORD NOT SUPPLIED TO THE 1 4. SURVEYOR ARE EXCEPTED. THIS SURVEY IS VOID UNLESS WET STAMPED 1 4 WITH THE SEAL OF THE SURVEYOR BELOW. DATED: 21.*/96- Â·IiIÂ·I.j .. i.4Â« 12 17Â¢i) A ~fi*0 ~ JQ*N M. HOWORTH P.L.S. 25947 3Â·%2* 34131.5 , PARCEL 1, MABZSMALL LOr SPLIT, CITY OF ASPEN, 00, 4:<r IMPROVEMEN-r SURVEY of t'it 4 PI TK I K] COUNTY COLORADO. *fit RlÂ«(11. / 691 LLEÂ»FIE- \ N Ky*Y ' 244% wn 1 /24:3 - ~c=im;==; r----45 kjA ,"ALLOM , ~6:77 Ati - W< ) E 49 L v PREPARED' BY .4, \ 1-6,El I -7,9 -+9~1 .. S f Aspen Survey Engineers, Inc./1 4=4271~ \>/ I po. BOX 2506 210 S. GALENA ST. . 129 ASPEN, COLORADO 81612 0 5 10 15 20 (303) 925-3816 .t. ir.x45 < 77 NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL SCALE I"= 10' ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS ~ DATE J08 NO. 1 VICINITY MAP AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT. MAY ANY CONTOUR INTERVAL. 2' " ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE FROM THE ANNEXATIONS MAP I"= 400 ' ' THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. -7/90 ieiee ne t.4 *41 ..