HomeMy WebLinkAboutcoa.lu.su.Cooper Street Lofts
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.. .Recorded 9 :40 AM JUl~19, 1976 Reception No. 1.~i173
Julie HaneRecordE
BOOK 314 PAGE 460
COOPER STREET LOFTS CONDOMINIUMS (SUBDIVISION)
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREE~mNT, entered into and made this ~ ~ day of
-:::rut-Y , 1976, by and between INTERWEST REALTY, INC.
a Colorado Corporation ("Subdivider"J, and THE CITY OF ASPEN,
COLORADO, a Municipal Corporation ("City").
WITNESSETH:
WHEREAS, Subdivider is owner and subdivider of a tract of
land within Pitkin County, Colorado, consisting of Lots R&S,
Block 69, City and Townsite of Aspen, County of Pitkin, State
of Colorado.
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WHEREAS, Subdivider has submitted to City for approval,
execution, and recording a subdiv~sion plat of the above-des-
cribed property, such subdivision to be known and designated as
"Cooper Street Lofts Condominiums"; and
WHEREAS, the City has fully considered such subdivision
plat, the proposed development and the improvement of the subject
property shown thereon, and is willing to approve, execute, and
accept said plat for recordation upon the agreement of Subdivider
to the matters hereinafter described, which matters are deemed
necessary to protect, promote, and enhance the public welfare;
and
WHEREAS, Subdivider and the City wish to reduce said agree-
ment to writing,
NOW, THEREFORE, in consideration of the premises, the
mutual covenants herein contained, the parties hereto hereby
agree as follows:
1. Subdivider covenants and agrees to and with the City
that they will affirmatively consent to and join in the
formation of any special improvement district, encompassing
all or any part of Cooper Street Lofts Condominiums
(Subdivision), that may hereafter be proposed or formed
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BOOK 314 PAGE 461
for the construction of streets, alleys, and drainage
improvements or buried electrical improvements. Subdivider
hereby waives and further covenants and agrees to waive any
right of protest against the formation of any such district.
2. Owner and subdivider, for itself, its successors in
"
interest, grantees and assigns, covenants and agrees that
in the event the City undertakes street improvements
(including paving, curb and gutter, and sidewalks) without
the formation of a special assessment district when such
street improvements include improvements in the right of
way abutting Lots R&S, Block 69, it will pay the actual cost
of any such improvements abutting the boundary of said
Lots R&S such payment to be made to the City within ninety
(90) days afte~ completion of the improvements and on receipt
of written notice and demand for such payment.
3. The improvements shown on the Final Subdivision Plat
including curb, gutter, sidewalks, and landscaping shall be
completed as a condition for the issuance of the .Certificate
of Occupancy.
4. Subdivider agrees to pay to the City prior to filing for
record of the subdivision plat, the sum of 5,'1' tkevso..~
~ OOjiOD l i "ltXO . co)
dollars, as full payment for
all obligations for payment of.. cash in lieu of land dedica-
tion as required by the provisions of Section 20-18 of the
Aspen Municipal Code.
5. Upon execution of this Agreement by all parties hereto,
City agrees to approve and execute the final plat of the
Cooper Street Lofts Condominiums (Subdivision) and accept
the same for recording in the real property records of
Pitkin County, Colorado, upon payment of recording fees and
costs to City by Subdivider.
6. The covenants and agreements of the Subdivider herein
shall be deemed covenants that run with the land, shall burden
the land included within the Cooper Street Lofts Condominiums
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BOOK 314 PAGE 462
(Subdivision), and shall bind and be specifically enforce-
able against all subsequent owners thereof, including sub-
divider, its grantees, successors in interest and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement as of the day and year first above written.
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Attest:
'l~~~!. .f::::ary
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COUNTY OF PITKIN )
Standley, III,
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The foregoing
il8'ti day of
instrument was acknowledged before me this
~ ' 1976, by RICHARD W. FERRELL,
as President and ELIZABETH J. EVANS and Secretary of Interwest
Realty, Inc. as and for the act of that corporation.
Witness my hand and official seal.
My commission expires:
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STATE OF COLORADO)
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COUNTY OF PITKIN )
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BDiITK 314M;J;f 483
The foregoing was acknowledged before me this ~ day of
9LdAt ' 1976, by STACY STANDLEY,III, as 1'1:~f~i~~i~".
KATHRYN S. HAUTER,City Clerk of the City Of~~~~~1':~'$frJtd9:
Witness my hand and official seal.
My commission expires:
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Notary Public
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CITY OF ASPEN
aspen ,colorado, 81611 box V
May 19, 1976
!~. Rick Ferrell
Interwest Realty, Inc.
710 East Durant
Aspen, Colorado 81611
Dear Rick:
Thanks very much for the appraisal you left for me today on the
Cooper Street Lofts. According to Mr. Mollica the property size
is 6,000 square feet. Based on Mr. Mollica's appraisal I accept
the value of the Cooper Street Loft property of $60,000.
Sincerely,
~ \-...'-* '" vv\... 'v \J' _ _
~hilip S. Mahoney
City Hanager
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, cc:' Bill Kane
--'_'''''--'''''''''C,",'_
Mason & MORSe
INCORPORATED
1III100fllC8'
POST OFFICE BOX Q
ASPEN, COLORADO 81611
PHONE: 303 925-7000
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AN APPRAISAL OF:
COUNTRYSIDE ASSOCIATES PROPERTY
LOTS R & S OF BLOCK 69
CITY OF ASPEN, COLORADO
MAY 14, 1976
For:
Mr. John Ginn
710 E. Durant Street
Aspen, Colorado
Prepared By: James J. Mollica, R.M.
Real Estate Appraiser
MASON & MORSE, INC,
Mason &MORSe
INCORPORATED
11810 DFfICB'
POST OFFICE BOX Q
ASPEN, COLORADO 81611
PHONE: 303 925-700
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May 14, 1976
Mr. John Ginn
710 E. Durant Street
Aspen, Colorado 81611
Re: Appraisal of Countryside Associated Property, Lots R &S,
Block 69, City of Aspen, Pitkin County, Colorado.
Mr. Ginn:
Pursuant to your request and in accordance with your directives,
I have examined the subject property and have gathered and analyzed
applicable market data for the purpose of estimating the Fair Market
Value of the subject property.
Your appraiser has used the City of Aspen's most recent zoning regula-
tions as a basis for this valuation. Please note that this is not
a feasibility study as to the size and type of units which are most
desirable for this property. This ap.praisal is contingent upon the
subject property receiving a building permit in accordance with the
highest and best use set out herein.
As a result of this appraisal and analysis, it is my opinion that
the Fair Market Value of the subject property, under current zoning
regulations, as of May 14, 1976 is:
Sixty Thousand Dollars
$60,000
$60,000 Allocated to Land
-0- Allocated to Improvements
If I can be of further assistance in the interpretation or applications
of the findings in this report, I trust you will not hesitate to call.
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PROPERTY IDENTIFICATION
Legal Description: Lots R & S of Block 69, City of Aspen, Pitkin
County, Colorado.
Present Owner of Record: Countryside Associated.
Grantor: Fugi
Date of Last Transfer: June 14, 1974.
Recorded in Deed Book: 288, Page 434.
Size: 6,000 square feet
Tax Valuation: Land
Improvements
Total:
$ 3,600
3,240
$ 6,840
Tax Rate: $73.92 per $1,000, Tax District l-AFS
Estimated Annual Taxes: $505.61
LOCATION AND DIMENSIONS:
The subject is located on the northwest corner of Cooper Avenue
and Aspen Street which are both two-lane macadam thoroughfares. The
subject is level and at grade with both streets, with 60 feet of
frontage along Cooper Avenue and 100 feet of frontage along Aspen St.
There is a service alley bordering the south boundary line of the
subject property. The subject contains 6,000 square feet.
UTILITIES:
The subject has all public utilities available, including city
water, sewer, telephone, cable television, electricity and natural gas.
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ZONING:
R/MF, Residential Multi-Family
This zoning permits one family dwellings, two family dwellings,
multi-family dwellings, townhouses, accessory building or use.
Under this current zoning regulations the following minimum
lot area per dwelling units are applicable:
Studio - 1,000 square feet
One Bedroom - 1,200 square feet
Two Bedroom - 2,000 square feet
Three Bedroom - 3,000 square feet
Four Bedroom or more than one bath - by special review
Considering these minimum lot requirements, the subject property
can be developed with the maximum of 6 studio units, 5 one bedroom
units, 3 two bedroom units, and 2 three bedroom units.
The distribution between types of units can be any mixture
desired by the developer as long as a 1 to 1 building-land ratio
is met.
HIGHEST AND BEST USE:
Based on the above mentioned requirements, it is your appraisers
opinion that the maximum usage of this property is for 5 one-bedroom
units.
This highest and best use is based on the maximum capability
as set out in the zoning regulations.
PURPOSE OF THE APPRAISAL:
The purpose of this appraisal is to estimate the Fair Market Value
of the subject property. Fai r Market Value is defi ned as: "The
highest price in terms of money which a seller will sell and a ready
willing and able buyer will buy, neither being under stress to act
and each having full knowledge of the capabilities to which the property
can be used." (American Institute of Real Estate Appraisers Terminology
Handbook 1975).
DATE OF THE APPRAISAL:
The date of this valuation is as of May 11, 1976.
Your appraiserpersonally inspected the exterior of the subject
property on that date.
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r~RKET DATA APPROACH TO VALUE:
Your appraiser has gathered and analyzed recent sales of comparable,
residential - multi-family lots. In comparing these lots to the
subject property, your appraiser has considered the zoning at the
time of sale as well as the size, location and number of units which
the property is capable of being developed.
For the purpose of this report all sales have been analyzed on
the basis of one-bedroom units which are capable of being developed.
The following is a summary of Salient Fact of the sales used in
this valuation.
Sale #1:
Lots P, Q, R, S, Block 27, City of Aspen
Sold July, 1975 for $93,500.
These lots were unimproved at the time of sale and presently 9
one-bedroom units, containing approximately 900 square feet each are
in the planning. This location is three blocks from the commercial
core and ski area and considered very similar to the subject property.
It has a slightly inferior location but is adjacent to the river.
This sale is presently developed with 9 one-bedroom units. This
sale breaks down to $23,375 per lot, $7.79 per square foot, and $10,389
per unit.
Sale #2:
Lot A, B & C of Block 70, City of Aspen
Sold September, 1975 for $75,000
This sale contains 9,000 square feet and is improved with a
Victorian structure and a trailer. Your appraiser estimates no value
for the improvements. Sale #2 is one block from the subject and is
capable of developing 7 one-bedroom units. This sale breaks down to
$25,000 per lot, $8.33/square foot, and $10,714 per one-bedroom unit.
Sale #3:
Lots A and B of Block 31, East Aspen
Sold May 1976 for $55,000
This sale contains 6,000 square feet and is vacant. Presently,
there are development plans for 5 one-bedroom units. This sale is a
corner location but is on a busy street which is considered inferior
to the subjects location. This sale has been under negotiation for
approximately 1 year. Sale #3 breaks down to $27,500 per lot, $9.17
~er square foot and $11,000 per unit.
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Sale #4:
Lots Band C of Block 28, East Aspen
Sold May 1976 for $63,500
Sale #4 contains 6,000 square feet and is improved with an old
garage with no value. It is located on Main Street which is a busy
thoroughfare. It has Office-Multi-family zoning which may be con-
sidered slightly superior. It can also be improved with 5 one-bedroom
units. This sale breaks down to $31,750 per lot, $10.58 per square
foot and $12,700 per unit.
LAND SUt1MARY:
Your appraiser has gathered and analyzed these and other recent
sales of Multi-family zoned parcels. These sales give a good indication
of value, as they all have similar zoning, size and locations. Minor
adjustments were considered for location but due to the lack of
development land in the City of Aspen, no significant patterncappears.
All four sales have taken place in the last 10 months, therefore
no adjustment for time appears to be necessary.
These sales indicate a range in value as follows:
Sale Price per lot Pri ce per Sq Ft Pri ce per unit
Sale #1 $23,375 $7.79 $10,389
Sale #2 $25,000 $8.33 $10,714
Sale #3 $27,500 $9.17 $11,000
Sale #4 $31 ,750 $10.58 $12,700
The subject property has a very good northwest corner location,
2 blocks from the commercial core, 3 blocks from the Aspen Mountain
ski lifts and has a very good view of the ski slopes. This location
will bring superior values to the developed units and therefore offers
superior value attributable to the vacant land. Therefore slightly
above the upper range of value is selected.
$32,500jlot
$10.83/square foot
$13,000/1 bedroom unit
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Based on these sales and adjustments, it is your appraisers oplnlon
that the Fair Market Value of the site if vacant, as of May 14, 1976 is:
Sixty Five Thousand Dollars
$65,000
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Photograph of Subject
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Slc.etchofStructures
Approximate Dimensions, not to scale. fOf descriptive purposes only.
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Mason & MORSe
1 N C,O R P 0 RAT E 0
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POST OFFICE BOX a
ASPEN, COLORADO 81611
PHONE: 303 925.7000
POST OFFICE BOX 5039
SNOW MASS BRANCH
WEST VILLAGE.
COLORADO 81615
PHONE: 303 923-3020
POST OFFICE BOX 701
STEAMBOAT SPRINGS,
COLORADO 80477
PHONE: 303 879-0894
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QUALIFICATIONS OF APPRAISE;,,,
James J. l-bllica
Residential l'T.ember (R.M.) Designation of the American
Institute of Real Estate Appraisers, 1976
Licensed Real Estate Broker in the State of Colorado
Member of Aspen Board of Realtors
Member of National Association of the Board of Real tors
EDUCATION
Business and Advertising, BSJ, Ohio Universiq
Real Estate Law, Ohio Universiq
Course I-A, American Institute of Real Estate Appraisers
Course 8, American Institute of Real Estate Appraisers
Course 201, Socieq of Real Estate Appraisers
BACKGROUND A.ND EXPERIENCE
Construction, Deffet Corrpanies, Ohio (During College)
Appraiser Intern - Associated Consultants and Appraisers, Inc.
Jme, 1972 through November, 1973
Independent Real Estate Appraiser, Associated with Mason and l-brse, Inc.
January, 1974 to present
1-lAJOR CLIENTS SERVED
First National Bank of Aspen
Aspen Industrial Bank
Bank of Snowmass
First Western lbrtgage
Ciq of Aspen
Holland & Hart (La,., Firm)
Aspen Savings & wan Association
TYPES OF PROPERTY APPRAISED
Residential
Condorr.iniurns
Vacant Land
Corrmercial
l-btels
Ranches
PURPOSES OF APPRAISAIS
Acquisition
Sales
Exchange
Partition
Liquidation
Estate Planning
CondeIlU1ation
Tax Planning
Insurance
H:>rtgage
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CERTIFICATION: Th~ . \ppraiser certifies and agrees that:
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1. The Appraiser has no present or contemplated future interest in the property
appraised and that neither the employment to make this appraisal, nor the compensation
for it, is contingent upon the appraised value of the property.
2, The Appraiser has no personal interest in or bias with respect to the subject matter
of the appraisal report or the parties involved,
3, The Appraiser has personally inspected the property, both inside and out, and has
made an exterior inspection of all comparable sales listed herein, and that according to
the best of the Appraiser's knowledge and belief, all statements and information in this
report are true and correct, and that the Appraiser has not knowingly withheld any
information.
4, All contingent and limiting conditions are contained herein (imposed by the terms of
the assignment or by the undersigned affecting the analyses, opinions, and conclusions
contained in this report),
5, This appraisal report has been made in conformity with and is subject to the
requirements of the Code of Professional Ethics and Standards of Professional Conduct
of the appraisal organizations with which the Appraiser is affiliated,
6, All conclusions and opinions concerning the real estate that are set forth in the
appraisal report were prepared by the Appraiser whose signature appears in this
appraisal report, unless indicated as "Review Appraiser", No change of any item of the
appraisal report shall be made by anyone other than the Appraiser, and the Appraiser
shall have no responsibility for any such unauthorized change,
CONTINGENT AND LIMITING CONDITIONS: The certification of the Appraiser
appearing in this appraisal report is subject to the following conditions and to such other
specific and limiting conditions as are set forth by the Appraiser on the report,
1. The Appraiser assumes no responsibility for matters of a legal nature affecting the
property appraised or the title thereto, nor does the Appraiser render any opinion as to
the title, which is assumed to be marketable, The property is appraised as though under
responsible ownership,
2. The sketch in this report is included to assist the reader in visualizing the property,
and the Appraiser assumes no responsibility for its accuracy, The Appraiser has made no
survey of the property,
3, The Appraiser is not required to give testimony or appear in court because of having
made this appraisal, with reference to the property in question, unless arrangements have
been previously made therefore,
4. The distribution of the total valuation in this report between land and improve-
ments applies only under the existing program of utilization, The separate valuations for
land and building must not be used in conjunction with any other appraisal and are in-
valid if so used,
5, The Appraiser assumes that there are no hidden or unapparent conditions of the
property, subsoil, or structures which would render it more or less valuable, The Ap-
praiser assumes no responsibility for such conditions or for engineering which might be
required to discover such factors,
6, Information, estimates, and opinions furnished to the Appraiser and contained in
this report were obtained from sources considered reliable and believed to be true and
correct. However, no responsibility for accuracy of such items furnished the Appraiser
can be assumed by the Appraiser,
7, Disclosure by the Appraiser of the contents of this appraisal report is subject to
review in accordance with the by-laws and regulations of the professional appraisal or-
ganizations with which the Appraiser is affiliated,
8. Neither all nor part of the contents of this report, or copy thereof (conclusions as to
property value, the identity of the Appraiser, professional designations, reference to any
professional appraisal organizations, or the firm with which he is connected) shall be
used for any purposes by anyone but the mortgagee or its assigns and Private Mortgage
Insurers, consultants, professional appraisal organizations, any state or federally
chartered bank, any department, agency or instrumentality of the United States or of any
State or of the District of Columbia, without the previous written consent of the Ap-
praiser, except upon demand by the Mortgagor; nor shall it be conveyed by anyone to
the public through advertising, public relations, news, sales, or other media, without the
written consent and approval of the Appraiser.
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MEMORANDUM
TO: Aspen City Council
FROM( Planning Staff (HC)
RE: Final Subdivision Plat - Cooper Street Lofts
DATE: May 6, 1976
This is a request by Interwest Realty, Inc. who holds an option to
purchase lots R & S in Block 69 from Countyside Associates, for
Final Subdivision Plat approval of the Cooper Street Lofts consisting
of six (6) studio units. The property is zoned R-MF and contains
6,000 square feet (.14 acres). The minimum lot area required per
unit is 1,000 square feet.
The Aspen Planning Commission approved the Preliminary Plat on April
21, 1976, subject to certain comment by the City Engineer which has been
incorporated in the Final Plat.
On Tuesday, May 4, 1976, the applicants informed the Planning Office
that the six (6) month rental restriction was unacceptable.
The Planning Office has consistently recommended that a provision
for restricting rental leases to six (6) months minimum duration
be a condition of approval of the Cooper Street Lofts development.
We feel and the zoning code so states that the intent of the
Res i denti a 1 /Mul ti fami ly zone is to "provi de for the use of 1 and for
intensive long term residential purposes." Obvious economic
pressures exist in Aspen to lease dwelling units on a short term
basis thereby reducing the housing available to permanent residents.
The R/MF zone exists to fulfill the expanding community need for
long term housing. The six (6) month rental provision is a tool
for implementing this policy.
In summary, the Planning Office recommends approval of the Final
Plat of Cooper Street .Lofts conditioned upon the comments of the
City Engineer and a restriction limiting leasing of the units to
a minimum of six (6) months duration.
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MEMORANDUM
TO: Aspen Plalllli"ll Culllllli~~iull ~*'!7 I!~("t.,
FROM: Planning Staff (HC)
RE: Preliminary Subdivision - Cooper Street Lofts
DATE: 11al"el1 UI, 1976
al~' I 7)
This is a request by Interwest Realty, Inc., who holds an option
to purchase lots R & S in Block 69 from Countryside Associates,
for Preliminary Subdivision Plat approval of the Cooper Street
Lofts. Consisting of six (6) studio units. The property is
zoned R-MF and contains 6,000 square feet (.14 acres). The minimum
lot area required per unit is 1,000 square feet.
The Planning Office recommends approval of the Preliminary Plat
subject to the conditions of the City Engineer; ~ l'o ~
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Preliminary
Subdivision
Cooper Street Lofts
Motion
Old Business
Re-zoning of
Durant Mall,
Block 106
Resolutions
Rezoning
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Pla~ng and Zoping Commission ~
March 16, 1976
comment does not mean the applicant cannot reconstruct
in two years under the present code. Dobie made a second
to the motion. All in favor, motion carried.
Clark explained the application is for 6 units zoned RMF;
6,000 sq.ft. and the engineering department's comments
were simplified and the planning office recommends
approval of it.
Abbott stepped down.
Hunt moved to approve the preliminary subdivision of
Cooper Street Lofts conditioned upon the comments of the
City Engineer; seconded by Dobie. All in favor, motion
carried.
"
Collins mentioned a letter he received from Oates, Austin
and McGrath asking the commission's permission to initiate
the re-zoning of Block 106, City and Townsite of Aspen
from Commercial to C-l. It is the Durant Mall Building.
Collins asked Clark to have it on the next agenda to
be discussed.
Collins read into the record three resolutions. The first,
resolution was "Initiating procedures for the rezoning i
of the Vacated portion of South Hunter Street"; it :
was asked to change the date of the public hearing from i
April 6 to April 20. The other two resolutions were ,
Commending Jenkins for his service on the Commission; I
and recommending purchase of Hunter Street Vacated. I"
Collins. asked the secretary to make xeroxed copies of I
the Planning and Zoning By-laws. Collins also requested "
to give each member of the commission the Aspen Municiple !
Code Book. However, if it is impossible, to obtain I
xeroxed copies of chapters 20 and 24.
Collins postponed the Goals and Objectives discussion.
Kane read what the Commission has already gone through
and discussed. The next items the corrmission discussed
are as follows: The Changes to the Area and Bulk
Reguirements Chart of Section 24-3.4 in various districts
in the fOllowing manner:
a) Commercial Core (CC) - to maintain the present external
Floor Area Ratio of 2:1 and require an internal FAR as
follows: Net Commercial FAR by right be 1.5:1;
Bonus FAR by Special Review Residential be 0.3:1; and
Additional Commercial be 0.2:1; thus ha~ethe gross max-
imum FAR be 2.0:1. The reason is to encourage a mix of
uses in the commercial core district with residences
on the top floors of new buildings. The controversy
is people feel it is too noisy and isn't suitable for
residential use in the downtown area. However, in new ,
community designs, it is a practical planning principle to I
mix residential and commercial because they feel it keeps '
people in the area, it keeps the area vital even during
the off-season, people will always be on the premises,
the area will be kept active, and residences can be .~
~
ASPEN/PITK
130 so
aspen,
March 11, 1976
TO WHOM IT MAY CONCERN:
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street
81611
We have not as yet received your referral comments on the
Cooper Street Lofts Subdivision. Please respond to the
referra 1 "no comment" if you have no comments.
Thank you.
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ASPEN/PITKIN PUANNING DEPARTMENT
130 So. Galena Street
Aspen, Colorado 81611
CITY-COUNTY SUBDIVISI_QN REFCRRAL LIST
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D.
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VIG.
PLANNING DEPT. (2)
ENGINEERING (2)
PLANNING & ZONING (7) ~
RECREATION DEPT. (1) ~
FIRE .MARSHALL (1)
WATER DEPT. (0
ELECTRIC
.
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~,MOUNTAIN BELL
BOX 2588
GRAND JUNCTION 81501
~ HOLY CROSS ELECTRIC
C/O CLEMENT KOPF
1301 GRAND AVE.
GLE~NOOD SPRINGS 81501
.0 RIC~V\.RD LEE
ASPEN SCHOOL DISTRICT #1
BOX 300
ASPEN
18.
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ROCKY MOUNTAIN GAS CO.
C/O WILLARD CLAPPER
BOX 2059
ASPEN
9. COUNTY SANITARIAN
506 E. Ml\IN
ASPEN
10.
COUNTY ENGINEER
506 E. MAIN
ASPEN .
11. U.S. FOREST SERVICE (BOB RANKIN)
BOX 359
ft5PEN
KM.IO.
CO()Pf~ 47. tOFT.!;
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12.
DIVISION OF WILDLIFE
BOX 1153
ASPEN
(WHITAKER)
.
13.
MT. SOPRIS SOIl,}"CONSERVATION SERVICE
CARBONDALE
)COLO. DIVISION ,OF WATER RESOURCES
101 COLUMBINE BUILDING
1845 SHERMAN ST.
DENVER 80203
14.
15.
COLORADO GEOLOGICAL SURVEY
254 COLUMBINE BUILDING
1845 SHERMAN ST.
DENVER 80203
16.
U.S. DEPT. OF AGRICULTURE
SOIL CONSERVATION SERVICE
GLENWooD SPRINGS 81601
17.
BUREAU OF LAND MANAGEMENT
GLENWooD SPRINGS RESOURCE AREA
BOX 1009
GLENWOOD SPRII-JGS 81601
STATE FORESTER
LEROY D. SCOTT
1039 N. 7TH ST.
GRAND JUNCTION
81501
19.
SNOv.'MASS
BOX 5700
ASPEN
FIRE DEPT.
20.
SALVATION DITCH CO.
'.C/O DELANEY & BALCOMB
818 COLORADO AVE.
GLENWOOD SPRINGS 81601
21.
WILLOW CREEK DITCH CO.
C/O LADA VRANY
BOX 658
ASPEN
COLO. DIVISION OF HIGHWAYS
606 SOUTH 9TH STREET
P.O. BOX 2107
GRAND JUNCTION. 81501
22.
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TO:
HAL CLARK
PLANNING DEPT. ~
LOUIS BUETTNE~
ENGINEERING DEPT.
FROM:
DATE: February 19,1976
RE: COOPER STREET LOFTS
The Engineering Department has minor objections with
the Preliminary Plat for the above project but re-
conunends approval subject to the following conditions:
1) The proposed landscaping be shown.
2) The street and alley right-of-way and street
paving widths be shown.
3) The size of the utilities be shown.
4) Add the zoning for the property.
5) Give the date of preparation.
6) Show ownership for all adjacent property -i.e.,
across abutting right's-of-way.
7) Include a 10' x 10' electrical and conununication
easement with access in the north end of Lot R.
This can be incorporated between the sidewalk and
the building.
8) Provide for 5 foot sidewalk on all frontage.
cc: Interwest Inc. w/plat
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SUBDIVISION PLAN CHECK FORl~
Mailing Date:
Subdivision:
2-11-76
COOPER STREET LOFTS
PRELIMINARY PLAT
WATER DEPT.
Agency:
The enclosed pl at is provi ded so that each util i ty company and pub 1 i c
agency may inspect the plat and the site, making comments, concerning
the placement of easements, etc., and where necessary sketching recommended
alterations on a copy of the plat.
Your comments and any corrections made on the plat must be returned to
the City/County Planning Office no later than March 10, 1976
If you have no comments please refer this form back to us making note
that you have no comment at this time.
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SUBDIVISION PLAN CHECK FORM
Mailing Date:
Subdivision:
2-11-76
COOPER STREET LOFTS
PRELIMINARY PLAT
METRO SANITATION
Agency:
The enclosed plat is provided so that each utility company and public
agency may inspect the plat and the site, making comments, concerning
the placement of easements, etc., and where necessary sketching recommended
alterations on a copy of the plat.
Your comments and any correcti ons made on the plat must be l'eturned to
the City/County Planning Office no later than March 10, 1976
If you have no comments please refer this form back to us making note
that you have no comment at this time.
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SUBDIVISION PLAN CHECK FORM
Mailing Date:
Subdivision:
2-11-76
Agency:
COOPER STREET LOFTS
PRELIMINARY PLAT
FIRE t1ARSHALL
The enclosed plat is provided so that each utility company and public
agency may inspect the plat and the site, making comments, concerning
the placement of easements, etc., and where necessary sketching recommended
alterations on a copy of the plat.
Your comments and any corrections made on the plat must be returned to
the City/County Planning Off-ice no later than March 10, 1976
If you have no comments please refer this form back to us making note
that you have no comment at this time.
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SUBDIVISION PLAN CHECK FORM
Mailing Date:
Subdivision:
2-11-76
COOP~R STREET LOFTS
PRELIMINARY PLAT
ELECTRl C DEPT.
Agency:
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s tree t:,
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The enclosed plat is provided so that each utility company and public
agency may inspect the plat and the site, making comments, concerning
the placement of easements, etc., and where necessary sketching recommended
alterations on a copy of the plat.
Your comments and any corrections made on the plat must be returned to
the City/County Plann-ing Office no later than March 10, 1976
If you have no comments please refer this form back to us making note
that you have no comment a~this~
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130 South Galena Street
Aspen, Colorado 81611
SUBDIVISION PLAN CHECK FORM
Mailing Date:
Subdivision:
2-11-76 .
COOPER STREET LOFTS
PRELIMINARY PLAT
ROCKY MOUNTAIN GAS
Agency:
The enclosed plat is provided so that each utility company and public
agency may inspect the plat and the site, making comments, concerning
the placement of easements, etc., and where necessary sketching recommended
alterations on a copy of the plat.
Your comments and any corrections made on the plat must be returned to
the City/County Planning Office no later than March 10, 1976
If you have no comment? please refer this form back to us making note
that you have no comment at this time.
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SUBDIVISION PLAN CHECK FORM
Mailing Date:
Subdivision:
2-11-76
COOPER STREET LOFTS
PRELIMINARY PLAT
ASPEN FIRE DEPT.
Agency:
The enclosed plat is ~rovided so that each utility company and public
agency may inspect the plat and the site, making comments, concerning
the placement of easements, etc., and where necessary sketching recommended
alterations on a copy of the plat.
Your comments and any corrections made on the plat must be returned to
the City/County Planning Office no later than March 10, 1976
If you have no comments please refer this form back to us making note
that you have no comment at this time.
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ASPEN/PITKIN PLA~NING OFFICE
130 South Galena Street
~Aspen, Colorado 81611
FEB 1 3 1976
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, SUBDIVISION PLAN CHECK FORM
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Mailing Date:
Subdivision:
2-11-76
COOPER STREET LOFTS
PRELIMINARY PLAT
MOUNTAIN BELL
Agency:
The enclosed plat is provided so that each utility company and public
agency may inspect the plat and the site, making comments, concerning
the placement of easements, etc., and where necessary sketching recommended
alterations on a copy of the plat.
Your comments and any corrections made on the plat must be returned to
the City/County Planning Office no later than r.1arch 10, 1976
If you have no comments please refer this form back to us making note
that you have no comment at this time.
1'J a (0 fYWy\ e. }.J\ A -r TIf IS TI 1Yl E ,
eX Q.~cL.,'
C'. F. ""!~~~~ 11.11. II L40.
"",":>gular Meeting
~nt
2lJD, Change
I
zotion
~ooper Street Lofts
;Conceptual approval)
/
:::1otion
::.zoning Code Changes
..-'
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RECORD OF PROCEEDINGS
100 Leaves
Planning and Zoning Corrunif;sion
January 6, 1976
Glarkexplained that the Gcmt Condominiums would like
to change their recorded PUD plat by removing a jacuzzi
bath as a recreational amenity and substitute a
swimming pool. The Planning Office feels that it if;
an "inkind" change of a recreational amenity which
would improve the final development plan; thus recommend-
ing approval. ' ' .
Jenkins opened the public hearing. No discussion.
Jenk~ns closed the public hearing.
Hunt moved that the Planning and Zoning corrunission
recommends changes to the PUD plat changing the jacuzzi
to the swimming pool; seconded by, Otte. All in favor,
motion carried.
","""""
Clark'explained that 'they are requesting conceptual
subdivision approval of the Cooper Street Lofts located
on the corner of South Aspen Street and Cooper Street.
It will consist of 6 studio units ,on property zoned
R-MFandcontains 6,000 sq.ft. City Engineer had no
corrunents and Planning Off;ce recommends approval of
the Conceptual Subdivision.
Dobie moved to approve conceptual' subdivision of the
Cooper Street Lofts; seconded by Hunt. All in favor,
motion carried.
.
Kane e:Kplained the reason for a zoning code change. City
Attorney Stuller was arguing that 40,000 sq.ft. was the
minimum lot size for areas in the R-lS zone not sub-
divided prior to the inception of the zoning code. There
was disagreement of that and was feeling that that was
not the intention to have 40,000 sq. ft. be the, lot size
in theR-lS zone. Clark amended the ,chart, which is
included in the packet.
Clark mentioned that, when he examined the catagories
in the area and bulk requirements in the zoning code
and contacted different people.in the staff for their'
interpretation on it there , were several interpretations
given. The background for the ,subdivided and unsub-
divided catagory was that the original City of Aspen
. Subdivision law did not include apartments and those
projects being built for lease or rent. It. was recently
amended to include apartments being built for lease or
rent. So all the buildings for lease or rent fall under
the subdivision regulation. The distinction between
'subdivided and unsubdivided becomes meaningless because
all developments will have to fall under the subdivision
regulations. The arguement was that if the project was
to be built on unsubdivided land that since the City is
not getting a chance to look at water, swere, and roads
and have .a basic review of the project perhaps it should
be 40,000 sq.ft. instead of 30,000 sq. ft. in the R-30.
The Planning Office recorrunendation was to remove the
unsubdivided and subdivided cat~gories and leave it
just to state each of the zones. on the chart.
Clark,also recommended another change which is in the
R-MF zone. It has to do with the different catagories
under. thcminimum lot area. Clark also mentioned that
tl1e<3,OOO sq.ft.for a duplex did not coinCide with the
9,000 sq. f. t for duplex. 'l'hus not understanding the
rationale for acquiring 50% more land area for the
-17-
I
.
.
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CITY,
130 so
aspen,
s t re e t
81611
MEMORANDUM
TO:
ASPEN PLANNING AND ZONING COMMISSION
FROM:
PLANNING STAFF (HC)
DATE:
DECEMBER 30, 1975
RE:
COOPER ST. LOFTS-CONCEPTUAL SUBDIVISION
This is a request by Interwest Realty, Inc. for Conceputal
Approval of the Cooper Street Lofts consisting of six (6)
studio units and located on Block 69, Lots R&S,. The
property is zoned R-MF and contains 6,000 sq.ft. (.14 acres).
The Conceptual subdivision map is enclosed in your packet.
The Planning Office recommends conceptual approval of the
Cooper St. Lofts.
enc.
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MEMO
FROM:
HAL CLARK
PLANNING DEPT.
DAVE ELLIS ~ .
C I TV ENG I NEER 'j?c.----
TO:
DATE: Dec. 29, 1975
RE: COOPER STREET LOFTS CONDOMINIUM - CONCEPTUAL REVIEW
The engineering department has no objections with
the conceptual plan as submitted for the above
project and recommends approval by P&Z on Jan.6, '76.
~,
.,
.
~,
INTERWEST REALTY INC.
D~cember 23,1975
Mr. Hal Clark
City Planning Office
Aspen, Colorado
~
Re: Interwest's Ownership in Block 69, Lots R&S in Aspen, Colorado
Dear Hal,
,InterwestInc.holds an option to purchase Lots R&S in Block 69
from Countryside Associates. Therefore, Interwest Inc. is the
beneficial owner of the property and will be the entity that
will process the Cooper Street Lots subdivision map. The option
to purchase is unrecorded at this time.
e eJl A J
F~
In erwest Realty Inc.
Aspen, Colorado
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INTERWEST REALTY SUBDIVISION
ADJACENT OWNERS TO BLOCK 69 LOTS R&S
Block 69 Lots g,h and i
Owner: Donald R. Wrigley
Box 3399,
Aspen, Colo. 81611
Under Sales Contract to Sidney Bracco &
Maureen McQuiston
1910 N.E. 50th St.
Seattle, Washington
98105
Block 69
1
'kP ! and Q
2 .
Lots East
Norma L. Dolle
Box 4901
~spen, Colo. 81611
Block 70 Lots East ')5' of gJ'r hand i
Paul L. Wilson Jr., De Saix & Gay Gibson Inc.
2736 Verone Terrace
Shawnee Mission, Kansas 66028
Block 77 Lots a and b
Augustus Felton and Margery Hallum
Box 3038
Aspen, Colo. 81611
Block 76 Lots a and b
Francis Willoughby Herron
Box 545
Aspen, Colo. 81611
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210 COOPER
Block 76
Unit I-A
lmLER, John
224 Homewood
Los Angeles,
Road
Calif.
Unit I-B
EWART, Robert & Jonell
Box 10277
Aspen, Colorado B1611
Unit l-C
LUGO, Susan
Box 1523
Aspen, Colorado B1611
Unit I-D
Mch~UGHLIN, Frederic & Jane
720 Emerson St.
Denver, Colorado B0218
Unit l-E
DOUSSARD, Joseph & Rita
10136 \-Jest Iowa Ave. '
Lakewood, Colorado B0215
Unit I-F
COLLERAN, John
7 Whitney Ave.
New Haven, Conn.
Unit I-G
GUTNER, Kenneth & Lynnette
32B5 Data Ave.
Highland Park, Ill.
unit 2-A.
STAM}IBERGER, Friedr.ich
Box 1201
Aspen, Colorado B1611
Unit 2-B
B. F. WALKER, INC.
% A. M. Dinges
650 17th St.
Denver, Colorado
Unit 2-C
OHNMACHT, Michael
Box 1172
Aspen, Colorado.B1611
Unit 2-D
JACOBSON, Robert & Genevieve
149 Parrish Road
New Canaan, Conn.
Unit 2-F,
EHRHARDT, Joseph & Seline
2734 N. Nildred
Chicago, II 1. 60614
Unit 2-F
JOHNSTON, Frances
Box 3734
Aspen, Colorado 81611
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Lots k, l,rri.,and n
Unit 2-G
.JOY, Floyd
765 S. Garfield St.
Denver, Colorado B0209
Unit 3-A
CLAUSEN, Henrietta
650 Black Thorn Rd.
Winnetka, :[11.
Unit 3-B
ANDERSON, Paul & Elinor
Box '2916
Aspen, Colorado 81611
Unit 3-C
SCULL, James
BOX 2051
Aspen, Colorado B1611
Unit 3-D
TITA, Joseph
18 Caroline Trail
Houston, Texas
Unit 3-E
~lliRRITT, Lt. Col. Richard
USMC, Hg. Battery, 1st Bn.
11th Marines, 1st Mar, Div.;
Camp J. H. Pendleton, Calif.
Uni t 3-F
SA\-~ER, Dr. Kenneth, Jr.
401 Gilpin st.
Denver, Colorado
Unit 3-G .
JOHNSTON, Sandra
Box 233
Aspen, Colorado 81611
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u"i.a:r1S TITLE INSURANCE COMPANYof Dallas
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O\Nner Policy
of Title
Insurance
POLICY OF TITLE !,I\!SURAJ'\iCE issued by USLlFE TITLE INSURANCE COMPANY of Dallas,
subject to the Exclusions from Coverage, the exceptions contained in Schedule B and the pro.
visions of the Conditions and StiPulations hereof, USLlFE TITLE INSURANCE COMPANY of
Dallas. a Texas Corporation, herein 'called the Company, insures, as of Date of POlicy shown
in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule
A. and costs, attorneys' fees and expenses which the Company may become obligated to pay
hereunder. sustained or incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested otherwise ihan as stated
therein;
2. Any defect in or lien or encumbrance on such title;
3, Lack of a right of access to and from the land; or
4, Un marketability of such title,
IN WITNESS WHEREOF, USLlFE TITLE INSURANCE COMPANY of Dallas has caused these
presents to be signed by its duly authorized officers in facsimile with its corporate seal hereto
affixed to become effective as its original signature and seal and binding on this Company as
of the date shown in Schedule A, the effective date of thispolicy,
~l. En <-1Cq
PresIdent
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Attest: Senior Vic:e.President. Secretary'and TreiJsuret
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AMERICAN LAND TITLE ASSOCIATI01'f STANDARD OWNER'S POLICY-FORM B_1970_AMaNOeO 10-17.70
Formerly DALLAS TITLE AND GUARANTY COMPANY
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Exclusions from Coverage
The following matters are expressly excluded from the
coverage of this policy:
1. Any law, ordinance or governmental regulation (includH
ing but not limited to building and zoning ordinances)
restricting or regul,ating or prohibiting the occupancy,
use or enjoyment of the land, or regulating the charac~
ter, dimensions or location of any improvement now Of
hereafter erected on the land, or prohibiting a separation
in ownership or a reduction in the dimensions or area of
the land, or the effect of any violation of any such lew,
ordinance or governmental regulation.
2. Rights of eminent domain or governmental rights of
police power unless notice of the exercise of such rights
appears in the public records at Date of Policy.
3. Defects, liens, encumbrances.. adverse claims, or other
matters (a) created, suffered, assumed or agreed to by
the insured claimant; (b) not known to the Company and
not shown by the public records but known to the insured
claimant either at Date, of Policy or at the date such
claimant acquired an estate or interest insured by this
policy and not disclosed in writing by the insured c1aim~
ant to the Company prior to the date such insured c1aim~
ant became an insured hereunder; (c) resulting in no
loss or damage to the insured claimant; (d) attaching or
created subsequent to Date of Policy; or (e) resulting in
loss or,damage which would not ,have been sustained if
the insured claimant had paid value for the estate or
interest insured by this policy.
Conditions and Stipulations
1, Definition of Terms
The following terms when used in this policy mean:
(a) "insured"; the insured named in Schedule A, and, sub-
ject to any rights or defenses the Company may have had
against the named insured, those who succeed to the interest
of such insured by operation of law as distinguished from
purchase including, but not limited to, heirs, distributees,
devisees; survivors, personal representatives, next of kin, or
corporate or fiduciary successors.
(b) "insured claimant": an insured claiming loss or damage
hereunder,
(c) "knowledge": actual knowledge, not constructive know,
ledge or notice which may be imputed to an insured by reason
of any public records.
'Cd) "land"; the land described, specifically or by reference
in Schedule A, and improvements affixed thereto which by
law constitute real property; provided, however, the term
"land" does not include any property beyond the lines of the
area specifically described or referred to in Schedule A, nor
any right, title, interest, estate or easement in abutting streets,
roads, avenues, alleys, lanes, ways or waterways, but nothing
herein shall modify or limit the extent to which a right of access
to and from the land is insured by this policy.
(e) "mortgage"; mortgage, deed of trust trust deed, or
other security instrument.
(f) "public records": those records which by law impart
constructive notice of matters relating to said land.
2, Continuation of Insurance after
Conveyance of Title
The coverage of this policy shall continue in force as of.
Date of Policy in favor of an insured so long as such insured
retains an estate or interest in the land, or holds an indebted-
nesssecured by a purchase money mortgage given by a pur-
chaser from such insured, or so long as such insured shall
have liability by reason of covenants of warranty made by
such insured in any transfer or conveyance of such estate or
interest; provided, however, this policy shall not continue in
force in favor of any purchaser from such insured of either
said est.ate or interest or the indebtedness secured by a purw
chase money mortgage given to such insured.
3, Defense and Prosecution of Actions-
Notice of Claim to be given by an Insured
Claimant
(a) The Company, at its own cost and without undue delay,
shan provide for the defense of an . insured in all litigation
consisting of actions or proceedings commenced against
such insured, or a defense interposed against an insured in
an action to enforce a contract for a sale of the estate or
interestin said land. to the extent that such litigation is founded
upon an alleged defect lien, encumbrance, or other matter
insured against by this policy.
(b) The insured shall notify the Company promptly in writ-
ing {i} in case any action or proceeding is begun or defense is
interposed as set forth in (a) above, (ii) in case knowledge
shall come to an insured hereunder of any claim of title or
interest which is adverse to the title to the estate or interest,
as insured, and which might cause loss ,or damage. for which
the Company may be, liable by virtue of this policy, or (iii) if
title to the estate or interest, as insured, is rejected as unmar~
ketable. If such prompt notice shall not be given to the Com-
pany, then as to such insured all liability of the Company shall
cease and terminate in regard to the matter or matters for
which such prompt notice is required; provided, however,
that failure to notify shall in no case prejudice the rights of any
such insured under this policy unless the Company shall be
prejudiced by such failure and then only to the extent of such
prejudice,
. (c) The Company shall have the right at its own cost to
institute and without undue delay prosecute any action or pro~
ceeding or to do any other act which in its opinion may be
necessary or desirable to establish the title to the estate or
interest as insured, and the Company may take any appropriate
action under the terms of this policy, whether or not it shall
be liable thereunder, and shall not thereby concede liability or
waive any provision of this policy.
(d) Whenever the Company shall have brought any action
or interposed a defense as required or permitted by the prow
visions of this policy, the Company may pursue any such liti-
gation to final determination by a court of competent
juriSdiction and expressly reserves the right; in its sole discre-
tion, to appeal from any adverse judgment or order.
(e) In all cases where this policy permits or requires the
Com pany to prosecute or provide forthe defense of any action
or proceeding, the insured hereunder shall secure to the Com-
pany the right to so prosecute or provide defense in such
action or proceeding, and all appeals therein. and permit the
Company to use, at its option, the name of such insured for
such purpose. Whenever requested by the Company, such
insured shall give the Company all reasonable aid in any such
action or proceeding, in effecting settlement, securing evi-
dence. obtaining witnesses, or prosecuting or defending such
action or proceeding, and the Company shall reimburse such
insured for any expense so incurred.
4, Notice of Loss-Limitation of Action
In addition to the notices required under paragraph 3(b) of
these Conditions and Stipulations, a statement in writing of
any loss or damage for which it is claimed the Company is
liable under this policy shall be furnished to the Company
within 90 days after such loss or damage shail have been
{Conditions and Stipulations Continued and Concluded on Last Page of This Policy} ,
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determined and no right of 8_ction shall accrue to an insured
claimant until 30 days after such statement shall have been
furnished. Failure to furnish such statement of loss or damage
shall terminate any liability of the Company under this policy
as to such loss or damage.
5, Options to Payor Otherwise Settle Claims
The Company shall have the option to payor otherwise
settle" for or in the name of an insured claimant any claim
insured against or to terminate all liability and obligations of
the Company hereunder by paying or tendering payment of
the amount of insurance under this policy together with any
costs, attorneys' fees and expenses incurred up to the time of
such payment or tender of payment, by the insured claimant
and authorized by the Company.
6. Determination and Payment of Loss
(a) The liability of the Company under this policy shall in no
case.exceed the least of:
(i) the actual loss of the insured claimant; or
(ii) the amount of insurance stated in Schedule A.
(b) The Company will pay, in addition to any loss insured
against by this policy, all costs imposed upon an insured in
litigation carried on by the Company for such insured, and all
costs, attorneys' fees and expenses in litigation carried on by
such insured with the written authorization of the Company.
(cl When liability has been definitely fixed in accordance
with the conditions of this policy, the loss or damage shall be
payable within 30 days thereafter.
7, Limitation of Liability
No claim shall arise or be maintainable under this policy
(a) if the Company, after having received notice of an alleged
defect lien or encumbrance insured against hereunder, by
litigation or otherwise, removes such defect, lien or encum'M
bra nee or establishes the title, as insured, within a reasonable
time after receipt of such notice; (b) in the event of litigation
until there has been afinal determination by a court of compe.
tent jurisdiction, and disposition of all appeals therefrom,
adverse to the title, as insured, as provided in paragraph 3
hereof; or (c) for liability voluntarily assumed by an insured in
settling any claim or suit without pr.ior written consent of the
Company,
8. Reduction of Liability
All payments under this policy. except payments made for
costs, attorneys' fees and expenses, shall reduce the amount
of the insurance pro tanto. No payment shall be made without
producing this policy for endorsement of such payment unless
the policy be lost or destroyed. in which case proof of such
loss or destruction shall be furnished to the satisfaction of
the Company,
9. Liability Noncumulative
It is expressly understood that the amount of insurance
under this policy shall be reduced by ~ny amount the Com-
pany may pay under any policy insuring either (a) a mortgage
shown or referred to in Schedule B hereof which is a lien on
the estate or interest covered by this policy, or (b) a mortgage
hereafter executed by an insured which is a charge or lien on
the estate or interest described or referred to in Schedule A,
and the amount so paid shall be deemed a payment under this
policy. The Company shall have the option to apply to the pay-
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ment of any such mortgages any amount that otherwise would
be payable hereunder to the insured owner of the estate or
interest covered by this policy and the amount so paid shall
be deemed a payment under this poltcy to said insured owner.
10. Apportionment
If the land described in Schedule A consists of two or more
parcels which are not used as a single site, and a loss is estab-
lished affecting one or more of said parcels but not all, the loss
shall be computed and settled on a pro rata basis as if the
amount of insurance under this policy was divided pro rata as
to the value on Date of Policy of each separate parcel to the
whole, exclusive of any improvements made subsequent to
Date of Policy, unless a liability or value has otherwise been
agreed upon as to each such parcel by the Company and the
insured at the time of the issuance of this policy and shown by
an express statement her~in or byan endorsement attached
hereto.
11.," Subrogation Upon Payment or Settlement
I Wh"never the Company shall have settled a claim under
this policy, ,all right of subrogation shall vest in the Company
Fnaffected by any act of the insured claimant. The Company
shall be subrogated to and be entitled to all rights and remedies
which such insured claimant would have had against any
person or property in respect to such claim had this policy not
been issued, and if requested by the Company, such insured
claimant shall transfer to the Company all rights and remedies
against any person or property necessary in order to perfect
such right of subrogation and shall permit the COmpany to
use the name of such insured claimant in any transaction or
litigation involving such rights or remedies. If the payment
does not cover the loss of such insured Claimant, the Company
shall be subrogated to such rights and remedies in the propor-
tion which said payment bears to the amount of said loss, If
loss should result from any act of such insured claimant, such
act shall not void this policy, but the Company, in that event,
shall be required to pay only that part of any losses insured
against hereunder which shall exceed the amount if any, lost
to the Company by reason of the impairment of the right of
subrogation.
12, Liability Limited to this Policy
This instrument together with a;1t endorsements and other
instruments, if any, attached hereto by the Company is the
entire policy and contract between the insured and the
Company.
Any claim of loss or damage, whether or not based on
negligence, and which arises out of the status of the title to
the estate or interest covered hereby or any action asserting
such claim, shall be restricted to the provisions and Condi-
tions and Stipulations of this policy,
No amendment of or endorsement to this policy can be
made except by writing endorsed hereon or attached hereto
signed by either the President, a Vice President, the Secre-
tary, an Assistant Secretary,or validating officer or author.
ized signatory of the Company.
13. Notices, Where Sent
All notices required to be given the Company and any
statement in writing required to be furnished the Company
shall be addressed to it at its Home Office,
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SCHEDULE A
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AMOUNT $ 70,000.00
Date of Policy:' June 17,1974
at 8:00 A.M.
1. Name of Insured:
COUNTRYSIDE ASSOCIATES~ a general partnership.
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POLICY NO, 0 945192
73-06-0$
2. The estate or interest inthe land ,described herein and which is covered by this policy is: (a fee. a leasehold, etc,}
Fee Simple /..-..'.......
3. The estate or interest referred to herein is at Date of Policy vested',,~n:
The insured named above.
4, The land referred to in this policy is described as follows:
Lots R and S
Block 69
CITY AND TOWNSITE OF ASPEN
Pitkin County, Colorado.
Aspen
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Form 1M IAsort A 4M 3738
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SCHEDULE B
POLICY NO. 0 945192
73-06-08
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This Policy does n9t insure against loss or damage by reason of the following:
1, Rights or claims of parties in possession not shown by the public records.
2, Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area; encroetchrnents, and any facts which a correct survey and inspec-
tion of the premises would disclose and which are not shown by the public records. .
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4, Any !iim. or right to a lien. for services. labor. or material theretofore or hereafter furnished. imposed by law and not shown
by the public records.,
5. The lien of all taxes and assessments for the year 1974, and thereafter.
6. Any tax, assessment, fees or charges by reason of the inclusion of the subject property
in the Aspen Fire Protection District, Aspen Metropolitan Sanitation District, and
Aspen Street Improvement District.
l'orull D( (CO) !17Hrt B 10)4 671."1
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