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HomeMy WebLinkAboutpitkin.planning.246524201004DOCUMENT LAYOUT THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION LISTED BELOW IN THE FOLLOWING ORDER Summary Sheet Resolution for the BOCC and/or P&Z Ordinance for the BOCC and/or P&Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat copies (11x17) _. __Y_ -, c---^ Recorded at o'clock--- M•, ..,.., ~,.^ - :_ -~ Recorder. ~ ~. 'v ;` I ~' I\ THIS DEED, Made this %~y'k^ day of July ' 19 a4' between, Robert F. Heathcote and Betty J. Heathcote, 111 Vista Grande of the Grand 'Junction County or I.4esa and State of Colorado, of the first part, and Anthony J. Vagneur and Francesca D, Vagneur whose legal address is 10).1 Garfield Street FILING STAMP C,~ -V t''~ Cam: r-- `.-. r..~ Cab c~ l_~ c:a+ ' ..a <~ ,., `_ ;,; . of the Carbondale county ne Garfield and stateot Colorado, of the second part: WITNESSETH, that the said party of the first part, for and in consideration of the sum of thirty- - - - - DOLLARS thousand andpo/100- --------- ---- and other good and valuable considerations to the said party of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, has granted, Ha] gained, sold and conveyed, and ' by these presents does grant, bargain, sell, convey and confirm unto the said parties of secondpart', their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the following described lot or parcel of land, situate, lying and being in the County of Pltkitt and State o[ Colorado, towit: A parcel of land lying wholly within Tract 73, Sections.. 13 and 211, Twp. 8 S., R. 87 W., 6th P.M., more particularly described in Exhibit "AD attached hereto and incorporated herein by this reference; Together with, but without warranty thereto, al.l of Grantors' interest in water and ditch rights, including, though not necessarily limited,to, 5.09/100ths of ~t~,~tyt~b~+f/a,L~y4'p~k~;l,~(~fy6~b~y~ .1 CFS from the Kirkpatrick Ditch. 2nd 5.09~~ths of .5 CFS from the Eagle Ditch . TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise apper- taining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said party otthe first part, either in law or equity,~ot,in and to the above bargained Premises, with the here~itaments and appurtenances. TO HAVE ANll TO HOLD the said premises above bargained and described, with the appm'tenances, unto the said parties of the second part, their heirs and assigns forever. And the saidpai•ty of the first part, for Himself, his heirs, executors, and ad ministraturs, does covenant, grant, bargain and agree to and with the said parties of the second part, their heirs and assigns, that at the time. of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, as of good, sure, Perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all fm•mer and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature soever, eXCept Sub ~eCttO easements, rights Of way, ... .. reservations and restrictions of a public or private nature, including Restric- tive Covenants recorded in Book 2l~0, Page 336 of Pitkin County records; sub3ect to U.S. patent reservations and exceptions and. prior oil, gas and other mineral reservations of record; and subject to the general tax for 19811 payable in 1985, which Grantees assume and agree to pay; and the above bargained premises in the quiet and peaceable possession of the said.,parties of the second part, the survivor of them, their assigns and the hens and assigns of sucfi survivor, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND. The. singular number shall include the plural, the plural the singular, and the usepf any gender shall be applicable to all genders. IN WITNESS WHEREOF the said party of the first part has hereunto set his hand and seal the day and year first above written. , Signed, Sealed and Delivered in the Presence of - Robert F, 1;eathcote SEAL) ;. tp,j~Y !~. ----- Bet~/J. Heathcote ~`~ ,,, r ' ^ - ~ '$4'A'l~ GF COLORADO -,- f~ ... ,M ,•County of ~/~n ~~/t The fo~kgoi~~iri"s~5li~tnent was acknowledged before me this p~/ by„, Rdberll"EI. Heathcote and Betty J. Heathcote Myc3TATE5DOGUR9EPiTdRY fE~y" - &s_ day of July ,19 811, .Witness my hand and official seal. ./, .('-ice 19 5 '984 l - ~ ..~.o... ~..... . ~ H .., ._ .. ,: ~.~ 4c.•-tT, i C~ ~' '_~ NO. ~".~ H'.a Ra,NT} HEED. To Jomt Tenant= Copyright ©1978 Rradfnrd R binh, nR C, .IR2n Jr $wul Street Denver Colorado (SYS 50111 - - _... _. .. .. . ... .. ,.~«: ..,.. .., :~. ._a«~. is ;x ,uu.,.. ,L<w.~~l .,ri.W I,~~, ._ :.,j,x a:,,~,:a. . rv;, r----' conk ` 4~U rac~6~~ . . _, ..,. ~ EXHIBIT npn ' ° ° Warranty Deed from Robert E. EIeathcote and Betty J. Heathcote to ~` Anthony J. Vagneur and Francesca D. Vagneur Y',xhibit A A parcel of land lyin8 W6thlp.Mithm"r`'rpart.icuLnr)yldescribe.drias ' 24, Tp. 8 S., K. A7 W. follocre: Beginning at AF-1 of said Tract 73, and running N: 89°01'00" W. 824.84 feet along the North Line of said Tract'73, [o the true point of beginning> thence S. 00°59'00" W. 4A3.1A .feet to the center of Weet Sopcia Creek; thence S. 52°2.2.'00" W. 94.87 feet alon the center tine of Weat Sopris Cr''ek; thence S. 65°55'00°' W. 8 143.00 feet along the centez line of Weat Sppria Creek; thence ' 3. 82°50'00" W. 170.00 feet to the center line of a 30-foot road; thence N. 09°07'20" E. 175.00 feet along said ce.nkeY 'line; thence N. 01'12'50" E. 174.30 feet along said center Lines,; thence N. 06° 45'10" W, 168.58 feet along said center line; thence N. 06°45'00" E. 96.45 feet along said center line; thenr,e N. 00°59'00" E. 12.27 feet along said center line to a point on the North line of said' Tract 73; [hence S. 89'01'00" E. 358.34 feet along acid North Line to the true point of. beginning. County of Pitkin, SL'ate_of,Colorado A LTA Owner's Policy -Form 8 - Amemtletl 10-17JU 0016 . 1F" ~ t~ y,,s"~~ ..mf'+.w~'><4.3d7.y~~'P~r-~'~7 `~y"5 ~y~-may' °> :.i'T,.yf'vi . "d ~, w ~,i.p ~ ~.^ .~''',~DJ ~...~„~„s~r~.arZ zr k~"3ra.-h>i'+^"~~"Y;.ir~."'Fg ~F.~`*"m-~S.Y'^P"ti... ... - ... ` 1~"~~~ POLICY OF TITLE INSURANCE ISSUED BY . '' STEWART TITLE GIIARANTY COMPANY SUBJECT TO THE EXCLUSIONS FROM. COVERAGE, THE EXCEPTIONS. CONTAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, STEWART TITLE GUARANTY COMPANY, a corporation of Galveston,Texas,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 ve is ed oLherwfse than as stated therein; ~~ 2. Any defect in or lien or encumbrance orcsuch title; `~ '.. 3. Lack of a right of access to and from the land; br ""'"~` "~'" 4. Unmarketability of such title ,.. *~:% ', IN WITNESS WHEREOF, Stewart Title Guaranty. Company has caused this policy tb be signed and sealed by its duly authorized officers as of Date of. Policy shown in Schedule A u,r ",' -~ i ~. w.:>r ~ 1 ~: "? ~ ~ Countersigned: ~, %~~ ~ Authorized Countersignature \;,~~~t lE g~q 99 \_m' 1808 :o `' rEx as,,,,,,g~` 4 STEWART TITLE GlARANTY COMPANY ~ ~~ Chairman of the Board '. ~~ President EXCLUSIONS FROM COVERAGE S, n i,. -y Caranre; The following matters are expressly excluded from the coverage of this policy: 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating ffie character, dimensions oflocation of ariy improvement now or hereafter erected on the land, or proFibiting a separation in ownership or a reduction id the dimensions dr area of the land, or the effect of any violation of any such law, 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 Da±e of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters lal created, suffered, assumed or agreed to by the insured claimant; Ib) not known to the.Company and not shown 6y 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 claimant to the Company prior to the date such insured claimant became an insured hereunder, (cl resulting in no loss or damage to the insured claimant; (dl attaching or created subsequent to Date of Policy; or le) resulting in loss or damage which would not have been sustained if the insurer) claimant had paid value for the estate or interest insured by this policy. '.. Page 1 of _.__._~., ~ ~. ~_ Poli<y Serial No. O ...... _. . .-...: :,.fi. rm w. a n .. ..:~. .. ,..I.ov .o- ..... w-.rp.i. .. .w a,.P"vrv.:i . ~ ~ ~ i CONDITIONS AND STIPULATIONS DEFINITION OF TERMS The following terms when used m th is,policy mean: (a) "insured": the insured named m,$chedule A, and, subject to any rights or defenses the Company may have against. the named insured, those who succeed tothe interest of such insured by operation oflaw as distinguished from purchase including, but not limited to, heirs, dis- tributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant": an insured claiming Goss or damage hereunder. Ic) "knowledge": actual knowledge, not constructive knowledge or notice which may be imputed to. aninsu red by reason of any public records. (d) "land": the land described, specrfically 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. (el "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (fl "public records": those records which by law impart constructive notice of matters relating to said land. 2. CONTINUATION OF INSURANCE AFTER CON VEYANCE OF TITLE The coverage of this policy shall continue ih forceas 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 indebtedness secured by a purchase money mortgage given by a purchaser from such insured, or solong as suchinsuied shall have liability by reason of covenants of warranty made ance of such or interest as insured, and which might cause Toss or damage for which the Company may be liable by virtue of this policy or, (iif) rf title to the estate or interest, as insured, is rejected as unmarketable. If sudh`prompt notice shallhbt be given to the Company, then as to such insured all liability of the.Company shall cease and terminate in regard to the matter or matters for which such prdmpf notice is required; provided, however, thax 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 tc institute and without undue delay prosecute any action or proceeding 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 hotthereby concede liability or waive any provision of this policy. ' (d) Whenever the Company shall have brought any action or interposed a defense as required orperrnitted by the prbvisibhs of this policy, the Company may pursue any such litigation to finaldeterminatipn by a court of competent jurisdiction ahd expressly reserves the right, in 'its soleiiisdretion; td appeal from any adverse judgment or order. (e) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured hereunder shall secure to the Company the right to so prosecute or provide defense in such action or proceeding, and all appeals ~~therein, aril permit the Companyto use; at its option, the Fame of such insured for such purpose. Whenever requested bythe Company, such insured shall give the Company all reasonable aid. in any such action or proceeding, in effecting settlement, securing evidence, obtaining witnesses, or pros- ecuting or defending such action or proceeding, and tFe Company shall Yeimbu rse such. insured for any expense so by such insured m any transfer or convey incurred. estate or interest; provided, however, this policy shall not. 4 NOTICE OF LOSS -LIMITATION OF ACTION continue in force in favor of any purchaser from such In addition to the notices required under paragraph insured of either said estate pr interest or the indebtedness - secured by a purchase money mortgage given to such 31b) of these Conditions and Stipulations, a statement in insured writing of any loss or damage for which it is claimed the 3. DEFENSE AND PROSECUTION OF ACTIONS.- Company is liable under this policy shall be furnished to NOTICE OF CLAIM T6 BE GIVE\I BY AN INSURED the Company within 90 days after such loss or damage shall _ ~: --~- have been determined and no right of action shall accrue to CLAIMANT all an insured claimant Until 30 days after suchstatement sh (a) The Company, at its own cost and without undue have been furnished. Failure to furnish such statement of delay, shall provide for the defense of an insured in all loss or damage shall terminate any liatiilityof the Company litigation consisting of actions or proceedings commenced under this policy as to such loss or damage. against such insured, or a defense interposed against an insured in an action to enforce a contract for asale of its estate or interest in saidland,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 writing (i) incase any action or proceeding is begun or defense is interposed as set forth in (a) above, (ii) ih case. knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate 5. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS ~,. The Company shall have the o lion to a or otherwise P P Y settle for or in the name of an insured claimant any claim insured against or to terminate all liability and obliga#iohs cf 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: ~_.~.,.~:~~.. ~ ti ~ -- ,- i --- ~ OT SRIe or Iniere5i wnicn a auvm ee w [r c c ~ c ava ~ ~ „' °' , ••" '•.•" ••,. . ~ r. .. ~ ..,. _, ,.._,. ~.-- ALTA OWNER'S POLICY-Amentled 10/17/]0 ~ ~ ~~ ~ ~ -~. CS/DM .. ,.. ,. . SCHEDULE_A OrderNo.: 12566 PolicyNo.: 0 357648 Date of Policy: July 25, 1984 At 10:09 AM. Amount oflnsurance:S 30,000.00 7. Name of Insured: Anthony J. Vagneur and Francesca D. Vagneur 2. The estate or interest in the land described herein and which is covered by this policy is: FEE SIMPLE 3. The estate or interest referred to herein is at Date of Policy vested in: Anthony J. Vagneur and Francesca D. Vagneur 4. The land referred to in this policy is described as follows: See attached Exhibit A AUTHORIZED COUNTERSIGNATURE. STEWART TITLE GUARANTY COMPANY CODE 0012 Page 2 .. -.. __. .,, .yt ..,. .. ,C _ ~_ _ Connnualion torn 2a3-A-T ~ " '-' 50M &83 . . ORDER NO.: 12566 • Attsched to and made apart of Stewart Title Guaranty Company Policy Nd. 0 357648 Continuation of Schedule A-No . 4 Exhibit A A parcel of land lying wholly within Tract 73, Sections 13 and 24, Tp. 8 S., R. 8T W., 6t8 P.M., more particularly described as follows: Beginning at AP-1 of said Tract 73, and running. N. 89°01'00" W. 824.84 feet along the North line of said Tract 73, to the true point of beginning; thence S. 00°59'00" W. 483.18 feet to the center of West Sopris Creek; thence S. 52°22'00" W. 94.87 feet along the center line of West Sopris Creek; thence S. 65°55'00" W. 143.00 feet along the center line of Weat Sopris Creek; thence '' S. 82°50'00" W. 170.00 feet to the center line of a 30-foot road; thence N. 09°07`20" E. 175.00 feet along said center line; thence N. O1°12'50" E. 174.30 feet along said center line; thence N. 06° 45'10" W. 168.58 feet along said center line; thence N. 06°45'00" E.' 96.45 feet along said center' line; thence N. 00°59'00" E. 12.27 feet along said center line to a point on the North line of said Tract 73; thence S. 89°01'00" E. 358.34 feet along said North line to the true point of beginning. County of Pitkin, State of Colorado Page STEWART TITLF GUARANTY COMPANY ' This policy does not 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 Tines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown. by th'e public records. 4. Any lien, or right to alien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Any and all unpaid taxes and assessment _and any unredeemed tax sales. 6. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 7. Right of the. proprietor of a vein or lode to .extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded in Book 55 at Page 141. (Affects Tract 73) 8. A strip of land 10 feet in width for ditch purposes and right of way therefor as set forth in instrument recorded in Book. 154, at Page 482. (Affects East half of Tract 73) 9. An undivided one-quarter interest in and to all oil, gas and other mineral rights, in, on or under said property, together with the right to prospect for, mine and remove same, as reserved in instrument recorded November 19, 1962 in Book 200 at Page 55 as Reception No. 11.4417.. (Affects Tracts 72 and 73) 10. Easements and rights of way for access along existing roadways as set forth in instruments recorded in Book 239 at_P:age 506, Book 239 at Page 509 and Book _241 at Page 36. 11. Easement and right to enter upon said land to construct, operate and maintain_an electric transmission or_distribution line or system, and to cut and trim trees and shrubbery to the extent necessary to keep them clear of said electric line or system and to cut down from _time__to time .all .dead, weak, leaning or dangerous trees that are tall enough to strike the wires in falling, as set forth in instrument recorded in Book 240 at Page 227. (Affects Tract 72 and_73) 12. Reservation of County Road right of way and easement or right of way for road purposes along the Westerly boundary of the above described property as set forth in Deed recorded April STE~`v'ART TITLE Page3 GUARA>1TY COHPAFY 1613 .SOM 683 -~z.. ~. ,. ,:. • ORDER NO.: 12566 • Attached to and made apart of Stewart. Title Guaranty Company Policy No. 0 357648 Continuation of Schedule B 11, 1969 in Book 240 at Page 334 as Reception No. 134850. 13. Terms, conditions and restrictions as set forth in Deed recorded April 11, 1969 in Book 24O at Page 334 as Reception No. 134850. 14. A Deed of Trust dated JULY 24, 1984, executed by Anthony J. Vagnuer and Francesca D. Vagneur, to the Public Trustee of Pitkin County, to secure an indebtedness of $22,500.00, in favor of Geri Vagneur, recorded July 25, 1984 `in Book 470 at Page 624 as Reception No. 261293. Page STEWART TITLF. GUARANTY COMPA NY t 6. DETERMINATION AND PAYMENT OF LOSS ,,. (a) The liability of the Company under this policy shall in no case exceed the least of: li) the actual loss of the insured claimant; or (ii) the amount of insurance. stated in Schedule A. ,.:X~, m reverse side of Po icy Fac _ , ~ :. .- .. ifthe amount of insurance under this policy was divided' pro rata as to the Jalue"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 valuehas'. otherwise been agreed upon as to each such parcel bythe~ Company and the insured at the time of the issuance of this: (b) The Company will pay, in addition. to any loss P°licy and shown byah express statement herein or by an ~' endorsement attached hereto. 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 theCompany. (c) When liability has been definitely fixed in accord-.. ance 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 la) if the Company, after havingreceived notice of an alleged defect, lien or encumbrance insured against hereunder, by litigation or otherwise, removes such defect, lien or encumbrance or establishes the title, as insured, within a reasonable time after receipt of such notice; Ibl'in the event of litigation until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to. the title; as insured, as provided in paragraph 3 hereof; or lcl for liability voluntarily assumed by an insured in settling any claim or suit without prior written consent. of the Com-. pany. 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 any amount the Company may pay under any policy insuring either (a) a mortgage shdwnor re'ferredto in Sghedule B hereof which is a lien on the estate orinterest cpvered. by this policy, or (bl a mortgage hereafter executed by an insuredwhich isa charge or lien on the estate or interest described or, referred to in Schedule A, and the amount sepaid shall be deemed a payment under this policy. The Company shall have. the option to apply to the payment 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 policy to said insured owner 10. APPORTIONMENT If the land described in Schedule A ccnsists of two or more parcels which are not used as a single site, and a Idss is established affecting one or more of said parcels but not alt, the loss shall be computed and settledon a pro rata basis as Valid Only If Schedules A and B. are Attached. 11. SUBROGATION .UPON.. PAYMENT OR SETTLE-., MENT Whenever the Company shall have settled a claim under, this policy, all right of subrogation shall vest in the Company unaffected by any actof the insured claimant. The Company shall be subrogated to and beentitled to all. rights and remedies which such insured claimant vvould' have had against any person or property in respect to such claim had LFiis policy riot Been issued, andif Fequestedby' the Company, such insured claimant shall transfer tp 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 lossof such insured claimant, the Company shalt be subrogated to such rights and remedies in the proportion which said payment bears to the amount of said loss. If Ipss 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 all 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 conditions 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 ' Secretary, an Assistant Secretary, or validating officer: or authorized signatory of the Company. 13. NOTICES, WHERE SENT '. All notices required to be given the Company andarty statement in writing required to be furnished the Company shall be addressed tq it at its main, off ice, P. O. Box 2029, Houston, Texas 7700E 14. The premium specified in Schedule A is the entire charge for acceptance of risk. It includes charges for title search and examinationit same is customary 'or required to be shown in the state in which the policy is issued. S7`F.~~'~1I2T '1`I1`LE GU dR.1VTY COHP.IYV :- Sanctity o/ Contract STEWART TITLE.. OF ASPEN, INC. R°~$- ~'i 602 E. HYMAN • ASPEN; COLD RA OO 83611 • (303) 925-3577 March 28, 1988 Re: Anthony J. Vagneur and Francesca D. Vagneur Board of Commissioners, Pitkin County, Colorado Based upon a search of the appropriate real estate records of Pitkin County, Colorado, Stewart Title of Aspen hereby certifies that at no time since January 1, I97Z has title to any tract adjacent to the property described on Exhibit A, attached hereto, been held in the same name `or names as said described tract. This statement is neither an abstract,. opinion nor guaranty of title and is intended specifically and exclusively for the use of the Board of-County Commissioners of Pitkin County'in'determinaton of "merger of title" or lack thereof as said "merger" relates to the applicable statues, ordinances and restrictions of jurisdiction. Since ely ~( `-~~ ~.~~',' Haze I. Her Title Examiner ~„ ~ rs r .. f(~ ~ ~, I I 1 i ~i. ~ ~ ; i W y -" ~ N `'„ w,a ~a$ N F N ~ N ~. I CmW I- 3, N Usm ~_ ~ Q W LPL/ 0 PITRIN COUNTY p„a l j~ ~. ~ ~ ~.~+f- Y DATE RECEIVED: Y' ~///O ~ PARCEL ID dD CASE NO. / DATE COMPLETE: c~~~J°f'1~?L3-/~( 3/Oq-~i{~ pp • - STAFF" MT{MBER: : PROJECT NAME: ~1..~ ~/~' ~~~~~~Ui7/`~/~ ~Z(k~ ~/V~~ Project Add/r)e/s /sic APPLICANT:_W!I'L R~~~/ i I ~'~/ ~ ~.~. ~, Applicant Address: ~-~~// /,~' (,i / k ~ , ~ • i ~, .> REPRESENTATIVE: )(/.,1~(.~~ Representative Ad ress/Phoney PAID: ~YESJ NO AMOUNT: 1) TYPE OF APPLICATION: 1 STEP: 2 STEP: 2) IF 1 STEP APPLICATION GOES TO: P&Z BOCC .PUBLIC'HEARING DATE: 3) PUBLIC HEARING IS"BEFOR$: P&Z BOCC N/A ~~ DATE REFERRED: INITIALS. STAFF LEVEL: 1041 HAZARD REVIEW:` DATE' OF` APPROVAL ~~(z,. ~ !'%~~ -- - / / - REFERRALS :.... i x, --_. County Atty Aspen.C'onsol S. D. School District` County Engr Mtn. Bell Rocky Mtn Gas Housing Dir. Envir. Coordin. State Hwy Dept ' Aspen Water Holy Cross Electric (Glwd) (GrJtn) El lc s / Envir Hlth Snowmass Vill. Colo Geo Survey County Mgr. FAA USFS Div. Wildlife State Plan. bff. Div. Water Res. Trails Dir. Other: Other: - - - FINAL ROUTING: BATE ROUTED- INITIAL: County Atty County Engineer Building Dept. ' Housing Dir. Envir. Health Other:. FILE STATUS ANT) TACATIONc` -- /, /~ / /~~/ A ~'A4GEL c`s L~.tiL in ~R~C~ 73, T.BS.,~.87!';., ot;i °?~~'. ~ t'ITtEliv C4U(~TY, ~~LORA~O ~.ssG E 3 e _s ~ ~~~ ,cam°sa~cc t. ~ .. ~r ~ '=-~ ~- -` ~ ~ -~-- ~ - _ ~ ~_ ti~._ ~ _ - ~ n~_~ ~ ~~ x ,~, m,, r: w . 4 e 8 r'x. a! ~~ m~ Y - _~ ~ 11 ~ ,. m~ ~ r k~ ,.~ ~ ~ ~. VA ._ < S ~£ ~C x ) ~~ ~~i ~ ~ '_', yv d n ..re .n 3 $. a; .fin i OH'i y ~~_ r~ -~~ i ,- _,~ .,_o _ a+~ -_ ~ ~o ~. ~z ~ ~ iy`r .~.~ ~ 's`e i ` ~ _ ~~, ~ r ~_ ~~. ,.` • , ~~~ ,, ~_ s_ ref DC C ~~_ p 9 y~ Marv =.c ~ Ea: ~ J~`J SF ~'t ~ r '3 suers / 1 /t.. ~ w~J 3 i . • ~1. fM -~ ~--3Sn LARGE PLAT(S) AVAILABLE TO VIEW AT COMMUNITY DEVELOPMENT AVAILABLE TO BUY AT CLERK & RECORDER