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Home My WebLink AboutLand Use Case.209 E Bleeker St.0028.2018.ASLU- 0028.2018.ASLU 209 E BLEEKER BOUNDRY INTERPLOTATED GRADE ~ 2737 073 09 852 6 cs n 4 Â¢ A k.44 4 l 3 PATH: G/DRIVE /ADMINISTRATIVE/ADMIN/LANDUSE CASE DOCS 448, CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0028.2018.ASLU PROJECT ADDRESS 209 E BLEEKER ST PARCEL ID 2737 073 20 002 PLANNER JUSTIN BARKER CASE DESCRIPTION BOUNDRY INTERPLOTATED GRADE REPRESENTATIVE Z-GROUP ARCHITECTS DATE OF FINAL ACTION 05/31/2018 CLOSED BY BONNIE SHILES 7.23.18 3 Permits 175-1-073 01 45 2.- 0025 Â·r {%. 89.-4 - 0 F. ile Edit Record Navigate Fgrm Reports Format Iab Help 139~ 1- ~-- - .,i 0 19 & id a. 0 i 11 1 9 >1 m @ ok jump 1_ , : 2<~ ~~ i * 1 6 1 9 & 4 & Clgar * 0 pj *] 1@ {3 M 13 red 1 i.3 30 im Â·@~~0 Ul ~ Custom Fields I Routtlg Statls Fee Summarx ' Actions Routing tlistory I 1 -E:kit i:F ia ~49 vm*%61. i. IWil!*,+ 1.Uf#. 4U : : 4â€¢:gdâ€¢!41!WCÂ«IMAÂ«:Kk*â€¢p~,*eÂ«ae : 7 -.~~4 2 > u -6 - - -: 44. .1.'i- . , ......1â€žlul#//~"t-:* siu P ~Aspen Land Use ,WPermit # 0028.2018.ASLU 2 ~ Address 209 E BLEEKER ST Apt/Suite / City ASPEN State CO i v Zip 81611 I- 7. ~*2~.:....# _. I Permit Infbrmationt ./.1.-I. .'I/Al'./'.-r'â€¢ ."..W: -Y.. . i Master permit ~Â·Â·~ Routing queue aslu 15 Applied 05411/20'18 ~ 92+ '~ Project Status pending Approvec ~ Description APPLICATION FOR BOUNDRY INTERPLOTATED GRADE Issuec 1, Closedfinal Submitted SETH Z GROUP 925.1832 Clock Running Days |--6] Expires 05/06/2019 1- Submitbed via Â¥ 40*14 Owner Last name 209 BLEEKER LLC 1Â· Â· Â· First name 133 PROSPECTOR LN SUITE 4102 B Phone () - Address ASPEN CO 81611 Applicant ~ Owner is applicant? m Contractor is applicant? Last name 209 BLEEKER LLC 1Â·Â·Â· First name 133 PROSPECTOR LN SUITE 4102 B Phone (> - Cust # 30175 IlÂ· Address ASPEN CO 81611 Email Lender Last name 1 Â· Â· First name Phone ()- Address Reithe permit tppe code IIAspenGold5 (server) Il angelas I ~@0'~~11 of 1 - dc WsÂ· 2-6-31 4-4 0. ~~*'ekÂ¢ 401 994//5 Â© 4 Reso 5 13 1 11% 115 4 P la.uca, lust-n 6/2-6. RECEPTION#: 647765, R: $23.00, D: $0.00 DOC CODE: ADMIN DECISION Pg 1 of 3, 05/31/2018 at 11:09:00 AM Janice K. Vos Caudill, Pitkin County, CO NOTICE OF APPROVAL ADMINISTRATIVE DETERMINATION OF THE COMMUNITY DEVELOPMENT DIRECTOR ACCEPTING AN ESTIMATION OF PRE-DEVELOPMENT TOPOGRAPHY FOR THE PROPERTY LEGALLY DESCRIBED AS ALL OF LOTS C AND D, TOGETHER WITH A PORTION OF LOT B TO THE WEST FACE OF THE WALL AND FENCE IN PLACE AS IT ENCROACHES UPON LOT B FROM LOT C, BLOCK 73, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO, COMMONLY KNOWN AS 209 E. BLEEKER STREET. Parcel ID Number 2737-073-20-002 APPLICANT Cathedral Cutthroat, LLC 5601 High Drive Mission Hills, KS 66208 REPRESENTATIVE: Z-Group Architects 411 E. Main Street, Suite 205 Aspen, CO 81611 SUBJECT & SITE OF APPROVAL: The Community Development Department is issuing this Administrative Determination to accept an estimation of pre-development topography prepared by a registered land surveyor for the property located at 209 E. Bleeker Street. An interpolated slope survey has been prepared by Jason R. Neil, Colorado P.L.S. 37935, of Peak Surveying. Inc. and has been reviewed by the City of Aspen Engineering Department and deemed acceptable. SUMMARY: The current residence on the subject property is a historic designated landmark that was originally constructed in the late 1800s. The historic resource was significantly altered in the 1950s. The applicant has obtained and provided scaled and digitized topography prepared by Falcon Air Maps from approximately 1950, and a 2017 survey of the subject property demonstrating the pre- and post-construction grades o f the property. STAFF EVALUATION: To represent the historic, pre-development topography, the surveyor superimposed the historic topography on an existing condition survey. The result is a more gently sloping lot without a level surface that was likely a combination of the 1950s construction and regrading of Bleeker Street and the alley. As noted earlier, the Engineering Department finds the historical topography survey is a reasonable interpretation of pre-development topography. DECISION: In accordance with the procedures, standards. and limitations of Title 26, this Administrative Determination. and pursuant to Code Section 26.575.020 (and more specifically the Notes for Table 26.575.020-1), the Community Development Department acknowledges and accepts the attached pre-development topography for the subject property. APPROVED BY: L 0- \M (1 { 4 30 i Zat) Â¢bssica Garr~*, AICP Date -'Community Development Director Attachments: Exhibit A - Pre-development Topography (Recorded) =11 HISTORIC CONTOUR EXHIBIT . . LOT'S C AND D. BLOCK 73, CITY AND TOWNSITE OF ASPEN 1 ./.:~.I '34"ra,2 Â· '~T ~'i:.''. Â·Â·~-1 CITY OF ASPEN. COUNTY OF PITKIN. STATE OF COLORADO 427 RK) GRANDE PLACE - PARCEL NO 2737-073-06-852 N , 40. /0/INon ,_;1. **'611 Â£19 1.B W - E--9 E *:2 .-I / p r.. 1 4- + mr:670 .Z.--739, 1.. - -*9-'. :. 1 Sâ€ž iao *12--Â·- ' - 789- I'*Â»-95==:=*4.4 -Rl.C,71~ Sl'le./cv. i GRAPHIC SCALE i , iri < ./1, i~ 81 ii/Â·. ITT' ./. TCâ€¢,nill OF Ail. .. â€¢, 2.,PE. i. t.Â· n '* P.K. .31*k I Â» -.Sâ€¢U. Il .. Â£ rN,~r) City of Aen I /* I Dev.=79}7.. GPS /8 0 1/ Ne. . V al.= 789161 . ... ..7 6 K PRO,~ 4 22 , 0 ' 4 Por'kn I #1 ond tenM Â«Â«- D.noor / 0 *A'. encrogchmen' lillie / , by Lot C par rec. no. 376â€¢1*9 1 -1 0...7.96.37 / / ..67. p. 354 10Â»i 1 1.r 444 - -/5' X !73' 0'hang ' 1 r-Â·U_/ 3 'WI,g cwy . Aspen aze# 2 f 2 472. - 0, / 7.,6.. ' CPI*5 tb 1 3. ..... 791&94 P r*- -~6. Lot n k. I k*4. ' R . 39 / 4 1 489' 7902Â·$ 1 4355 ..os....au 7--Â·. ~p Â·c. 6,000 ,g. ff, ~ ~ 1 Y Lot C h 0.138 acres , i' 4 / f. An.Â· / , ' A:Set.oc* 209 E leeh, I. / RopdrÂ¢. by & Â· - -~ ~S ~~~ ' ~~ ~ ' j 4 1,9 ' *Flock /Â·' 4 4 f f i %4. I ; I EM? Â»4. b/~1 9 Pau_ *$ 4 89 /Â· -- 0 ,#04<# i T, - 0~ 3.-- s ':4:-fi-' 0 .1.- 20=24 0-- 395'9'' / /2 ,Â·Â©6 9 4,~ IMIÂ®,%/ I M). A~ 1,]l t' w]11 i m i HY 'infERÂ·.r~~I~PRI %,Il~!DB' [111 . I *I l F 1-*,Fl.I 42Â¥- .' I. 4 ... i,7 ft -t '. - {47. .2Â§22Â£ Â»43> . 'V-/ ~ ff,4 71 214' R.O>Â¥Â· ./.k'- -Vi ....21 CAI,I}Â·DRAI CUrll[RU.Al IL, 111)'01 \<Pi-NCOLOR//0 17. 6/ 1 JIS] ORIC CON 1 OT JR I Â·XI i la i I 10] S (Â·& 11 14[ K 71,(Â·O:1 / ..i..WiUÂ¥-*Iâ€ž., 9~ . 2(,31Â·ANTÂ·1~11+KNRMT. .F 1 f#.'/.-Fe>'4. ./ 1 I 0Â¢3 ........Imm 4- THE CITY OF ASPEN RECEIVED Land Use Application Determination of Completeness MAY 1 1 2018 CITY OF ASPEN Date: May 10.2018 COAMMTY DEVELOPMENT Dear City of Aspen Land Use Review Applicant, We have received your land use application for 209 E. Bleeker. Boundary Interpolated Grade and have reviewed it for completeness (and not compliance). ~<*,Your Land Use Application is complete: Please submit the following to begin the land use review process. -f ~ 1) Digital pdf of the entire application (via thumb drive, emailed files. op/file sharing) (SM.04â‚¬~ . 2) Review deposit of $925.00 / V 3) One additional hard copy of the appl~*62 Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Thmb,You AA/~494.~ hhfhnifer ~n. Deputy Planning Director City of Aspen, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required New PD Yes- No_)4_ Subdivision, or PD (creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes No ).- Commercial E.P.F. Lodging 1 roc~-ovt 96/k- VUL <MAAA 1 AMER' Title Insurance Commitment 5 C ;40%~ ~ First American 77tle ISSUED BY First American Title Insurance Company Commitment INFORMATION TABLE OF CONTENTS The Title Insurance Commitment is a legal contract between you and the Company. It is issued to show the basis on which we will issue a Title AGREEMENT TO ISSUE POLICY 1 Insurance Policy to you. The Policy will insure you against certain risks to the land title, subject to the limitations shown in the Policy. CONDITIONS 2 The Company will give you a sample of the Policy form, if you ask. SCHEDULE A Insert The Policy contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of 1. Commitment Date either the Company or you as the exclusive remedy of the parties. You may review a copy of the arbitration rules at http://www. alta.orq/. 2. Policies to be Issued, Amounts The Commitment is based on the land title as of the Commitment Date. Any and Proposed Insureds changes in the land title or the transaction may affect the Commitment and the Policy. 3. Interest in the Land and Owner The Commitment is subject to its Requirements, Exceptions and Conditions. THIS INFORMATION IS NOT PART OF THE TITLE INSURANCE 4. Description of the Land COMMITMENT. YOU SHOULD READ THE COMMITMENT VERY CAREFULLY. SCHEDULE B-1 - REQUIREMENTS Insert If you have any questions about the Commitment, contact FIRST AMERICAN TITLE INSURANCE COMPANY SCHEDULE B-11 - EXCEPTIONS Insert 1 First American Way, Santa Ana, California 92707 AGREEMENT TO ISSUE POLICY We agree to issue policy to you according to the terms of the Commitment. When we show the policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Commitment Date shown in Schedule A. If the Requirements shown in this Commitment have not been met within six months after the Commitment Date, our obligation under this Commitment will end. Also, our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligation under this Commitment is limited by the following â€¢ The Provisions in Schedule A. â€¢ The Requirements in Schedule B-1. â€¢ The Exceptions in Schedule B-11. â€¢ The Conditions on Page 2. This Commitment is not valid without SCHEDULE A and Sections I and 11 of SCHEDULE B. First American Title Insurance Company '--h. /6 \1,3.1.213.604.4 /y....6.p 0,2..1,4. Chww t~Â¥-7 EZE, 0.0. r- 2 SEPTEMBER 24, : 1 3 ~ * 1, 1968 .,7 i Dennis J Gilmore Timothy Kemp President Secretary (This Commitment is valid only when Schedules A and B are attached) This jacket was created electronically and constitutes an original document Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 5011000 (6-22-10) Page 1 of 2 ALTA Plan Language Commitment (6-17-06) CONDITIONS 1. DEFINITIONS (a) "Mortgage" means mortgage, deed of trust or other security instrument. (b) "Public Records" means title records that give constructive notice of matters affecting your title according to the state statutes where your land js located. 2. LATER DEFECTS The Exceptions in Schedule B - Section 11 may be amended to show any defects, liens or encumbrances that appear for the first time in the public records or are created or attached between the Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B - Section I are met. We shall have no liability to you because of this amendment. 3. EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4. LIMITATION OF OUR LIABILITY Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: Comply with the Requirements shown in Schedule B - Section I or Eliminate with our written consent any Exceptions shown in Schedule B - Section 11. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you. 5. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim, whether or not based on negligence, which you may have against us concerning the title to the land must be based on this Commitment and is subject to its terms. Form 5011000 (6-22-10) Page 2 of 2 ALTA Plain Language Commitment (6-17-06) American Land Title Association ALTA Commitment Form Adopted 6-17-06 First American Title Insurance Co. Commitment No. 17003689 SCHEDULE A 1. Effective Date: March 9, 2017 at 07:45 AM 2. Policy or Policies to be issued: Amount Premium A. ALTA Owners Policy (06/17/06) $6,250,000.00 $5,317.00 Proposed Insured Cathedral Cutthroat, LLC, a Colorado limited liability company Certificate of Taxes Due $25.00 Endorsements: CO-110.1 (Delete 1, 2, 3, 4) $75.00 Additional Charges: $0 B. ALTA Loan Policy (06/17/06) $3,597,000.00 $150.00 Proposed Insured: MidFirst Bank, its successors and/or assigns as their interests may appear Endorsements: ALTA Endorsement 6-06 (Variable Rate Mortgage) $30.00 ALTA Endorsement 8.1-06 (Environmental Protection Lien) $50.00 CO-110.1 (Delete 1, 2, 3, 4) $25.00 CO-100 (Comprehensive Improved Land) $50.00 ALTA Endorsement 22-06 (Location) $100.00 Additional Charges: $0 Total $5,822.00 3. The estate or interest in the land described or referred to in this Commitment is Fee simple. 4. Title to the Fee simple or interest in the land is at the Effective Date vested in: 209 Bleeker LLC, a Colorado limited liability company 5. The land referred to in the Commitment is described as follows: SEE EXHIBIT A ATTACHED HERETO For informational purposes only, the property address is: 209 East Bleeker Street, Aspen, CO 81611. Copyright 2006-2009 American Land Title Association. All right reserved. -- The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. A. a All other uses are prohibited. Reprinted under license from the American Land Title Association. 44 0 17003689 Attorneys Title Insurance Agency of Aspen, LLC 1, 1, ~1j 0 8 .j/ititttut --- By: Winter VanAIstine Authorized Officer or Agent FOR INFORMATIONAL PURPOSES OR SERVICES IN CONNECTION WITH THIS COMMITMENT, CONTACT: Attorneys Title Insurance Agency of Aspen, LLC, 715 West Main Street, Suite 202, Aspen, CO 81611, Phone 970 925-7328. Fax: 970 925-7348. Copyright 2006-2009 American Land Title Association. All right reserved. 1-- . t, '1#M The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. 5/12-=2 17003689 American Land Title Association ALTA Commitment Form Adopted 6-17-06 First American Title Insurance Co. Commitment No.. 17003689 SCHEDULE B 1. Requirements: 1. Pay the agreed amounts for the interest in the land and/or the mortgage to be insured. 2. Pay us the premiums, fees and charges for the policy. 3. Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured must be signed, delivered and recorded. 4. You must tell us in writing the name of anyone not referred to in this Commitment who will get an interest in the land or who will make a loan on the land. We may then make additional requirements or exceptions. 5. Payment of all taxes, charges and assessments, levied and assessed against the subject premises which are due and payable. 6. A Certification of Taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or an authorized agent (pursuant to Senate Bill 92-143, CRS 10-11-122). 7. Receipt by the Company of the appropriate affidavit as to new construction and indemnifying the Company against any unfiled materialmen's or mechanic's liens. 8. Warranty Deed must be sufficient to convey the fee simple estate or interest in the land described or referred to herein, from 209 Bleeker LLC, a Colorado limited liability company, to Cathedral Cutthroat, LLC, a Colorado limited liability company, Schedule A, item 2A. NOTE: C.R.S. Section 38-35-109(2) required that a notation of the purchaser's legal address, (not necessarily the same as the property address) be included on the face of the Deed to be recorded. 9. Release of the Deed of Trust from 209 Bleeker LLC, a Colorado limited liability company, to the Public Trustee of Pitkin County for the benefit of FirstBank, to secure an indebtedness in the principal sum of $2,500,000.00, and any other amounts and/obligations secured thereby, dated May 5, 2015, and recorded May 5,2015, as Reception No. 619564. 10. Release of the Deed of Trust from 209 Bleeker LLC, a Colorado limited liability company, to the Public Trustee of Pitkin County for the benefit of FirstBank, to secure an indebtedness in the principal sum of $4,950,000.00, and any other amounts and/obligations secured thereby, dated December 30, 2016, and recorded February 13, 2017, as Reception No. 636090. 11. Deed of Trust from Cathedral Cutthroat, LLC, a Colorado limited liability company, to the Public Trustee of Pitkin County for the benefit of MidFirst Bank, to secure an indebtedness in the principal sum of $3,597,000.00. 12. Certificate of Good Standing from the Colorado Secretary of State for 209 Bleeker LLC, a Colorado limited liability company. Copyright 2006-2009 American Land Title Association. All right reserved. ....ill 1 The use of this Form is restricted to ALTA licensees and ALTA members In good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ,Â¥2:,4 17003689 American Land Title Association ALTA Commitment Form Adopted 6-17-06 First American Title Insurance Co. Commitment Non 17003689 SCHEDULE B (Continued) 13. A copy of the properly signed and executed Operating Agreement if written, for 209 Bleeker LLC, a Colorado limited liability company, to be submitted to the Company for review. 14. Record a Statement of Authority to provide prima facie evidence of existence of 209 Bleeker LLC, a Colorado limited liability company, an entity capable of holding property, and the name of the person authorized to execute instruments affecting title to real property as authorized by C.R.S. Section 38-30-172. 15. Certificate of Good Standing from the Colorado Secretary of State for Cathedral Cutthroat, LLC, a Colorado limited liability company. 16. A copy of the properly signed and executed Operating Agreement if written, for Cathedral Cutthroat, LLC, a Colorado limited liability company, to be submitted to the Company for review. 17. Record a Statement of Authority to provide prima facie evidence of existence of Cathedral Cutthroat, LLC, a Colorado limited liability company, an entity capable of holding property, and the name of the person authorized to execute instruments affecting title to real property as authorized by C.R.S. Section 38-30-172. 18. Receipt by the Company of the appropriate Lease Affidavit indemnifying the Company against any existing leases or tenancies, and any and all parties claiming by, through or under said lessees. 19. Improvement Survey Plat sufficient in form, content and certification acceptable to the Company. Exception will be taken to adverse matters disclosed thereby. 20. This Title Commitment is subject to underwriter approval. 2. Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: 1. Any facts, rights, interests or claims which are not shown by the Public Records, but which could be ascertained by an inspection of the Land or by making inquiry of persons in possession thereof. 2. Easements, or claims of easements, not shown by the Public Records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the Land would disclose, and which are not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown in the Public Records. 5. Any and all unpaid taxes, assessments and unredeemed tax sales. Copyright 2006-2009 American Land Title Association. All right reserved. - 4 ME - 1 tN The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. I th.in -TT; A All other uses are prohibited. Reprinted under license from the American Land Title Association. 4 4 4 1'.< . 4 17003689 American Land Title Association ALTA Commitment Form Adopted 6-17-06 First American Title Insurance Co. Commitment No. 17003689 SCHEDULE B (Continued) 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 7. Taxes and assessments for the year 2017, and subsequent years, a lien not yet due or payable. 8. Terms, conditions, provisions, agreements and obligations specified under the Deed from the City of Aspen, dated October 7, 1887, and recorded October 7, 1887, in Book 59 at Page 13, as Reception No. 020680, providing as follows. "That no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper or to any valid mining claim or possession held under existing laws." 9. Terms, conditions, provisions, agreements and obligations specified under the Quit Claim Deed, dated July 25, 1978, and recorded July 31, 1978, in Book 352 at Page 251, as Reception No. 206188. 10. Terms, conditions, provisions, agreements and obligations specified under the Decree Quieting Title, dated October 25, 1994, and recorded November 16, 1994, in Book 767 at Page 354, as Reception No. 376469. 11. Terms, conditions, provisions, agreements and obligations specified under the License Agreement, dated July 28, 2011, and recorded July 29, 2011, as Reception No. 581538. 12. Encroachment, as described in the Warranty Deed, dated May 5, 2015, and recorded May 5, 2015, as Reception No. 619563. 13. Terms, conditions, provisions, agreements and obligations specified under the Resolution #30, Series of 2015, recorded December 15, 2015, as Reception No. 625588. 14. Terms, conditions, provisions, agreements and obligations specified under the Resolution #15, Series of 2016, recorded May 26, 2016, as Reception No. 629577, and re-recorded June 14, 2016, as Reception No. 629970. 15. Encroachment of building, planter and wood shed onton Building Setbacks, as shown on the Improvement Survey Plat, provided by Tuttle Surveying Services, dated March 16, 2017, Job No. Z:/2016/209BLEEKER/209BLEEKERCOA.DWG. 16. Any loss or damage caused by the fence not on the property boundary, as shown on the Improvement Survey Plat, provided by Tuttle Surveying Services, dated March 16, 2017, Job No. Z:/2016/209BLEEKER/209BLEEKERCOA.DWG. 17. This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) resulting from any dispute or uncertainty as to the exact location and dimensions of the portion of Lot B referred to in paragraph 4 of Schedule A. Copyright 2006-2009 American Land Title Association. All right reserved. *El""Immil 1 4. N 1 :/?Â·7:i:/ The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. ' All other uses are prohibited. Reprinted under license from the American Land Title Association. 4*te, g 17003689 First American Title Insurance Co. Commitment No.: 17003689 EXHIBIT A PROPERTY DESCRIPTION The land referred to in this Commitment is described as follows All of Lots C and D, together with a portion of Lot B to the west face of the wall and fence in place as it encroaches upon Lot B from Lot C, Block 73, City and Townsite of Aspen, Pitkin County, Colorado. ALTA Commitment 17003689 Exhibit A GIE'%4~4k First American Titlâ‚¬* DISCLOSURE STATEMENT Pursuant to C.R.S. 30-10-406(3)(a) all documents received for recording or filing in the Clerk and Recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one-half of an inch. The Clerk and Recorder will refuse to record or file any document that does not conform to the requirements of this section. NOTE: If this transaction includes a sale of the property and the price exceeds $100,000.00, the seller must comply with the disclosure/withholding provisions of C.R.S. 39-22-604.5 (Nonresident withholding). NOTE: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title insurance company shall be responsible to the proposed insured(s) subject to the terms and conditions of the title commitment, other than the effective date of the title commitment, for all matters which appear of record prior to the time of recording whenever the title insurance company, or its agent, conducts the closing and settlement service that is in conjunction with its issuance of an owner's pOlicy of title insurance and is responsible for the recording and filing of legal documents resulting from the transaction which was closed. Pursuant to C.R.S. 10-11-122, the company will not issue its owner's policy or owner's policies of title insurance contemplated by this commitment until it has been provided a Certificate of Taxes due or other equivalent documentation from the County Treasurer or the County Treasurer's authorized agent, or until the Proposed Insured has notified or instructed the company in writing to the contrary. The subject property may be located in a special taxing district. A Certificate of Taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent. Information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. NOTE: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. A. That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B. That such mineral estate may include the right to enter and use the property without the surface owner's permission. NOTE: Pursuant to Colorado Division of Insurance Regulations 8-1-2, Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: NOTE: Pursuant to Colorado Division of Insurance Regulations 8-1-2, Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. D. The Company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium, fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. First American Title Insurance Company NOTE: Pursuant to C.R.S, 38-35-125(2) no person or entity that provides closing and settlement services for a real estate transaction shall disburse funds as a part of such services until those funds have been received and are available for immediate withdrawal as a matter of right. NOTE: C.R.S. 39-14-102 requires that a real property transfer declaration accompany any conveyance document presented for recordation in the State of Colorado. Said declaration shall be completed and signed by either the grantor or grantee. NOTE: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies. NOTE: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of an ALTA Closing Protection Letter which may, upon request, be provided to certain parties to the transaction identified in the commitment. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. First American Title Insurance Company ATTORNEYS TITLE INSURANCE AGENCY OF ASPEN, LLC 715 West Main Street, Suite 202 Aspen, CO 81611 Attorneys Title Insurance Agency of Aspen, LLC Privacy Policy Notice PURPOSE OF THIS NOTICE Title V. of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly or through it affiliates, from sharing non-public personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Attorneys Title Insurance Agency of Aspen, LLC. We may collect nonpublic personal information about you from the following sources: â€¢ Information we receive from you, such as on application or other forms. â€¢ Information about your transactions we secure from out files, or from our affiliates or others. â€¢ Information we receive from a consumer reporting agency. â€¢ Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customer to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements. â€¢ Financial service providers such as companies engaged in banking, consumer finance, securities and insurance. â€¢ Non-financial companies such as envelope stuffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. TELEPHONE 970 925-7328 .AA FACSIMILE 970 925-7348 f(Â»-wok 9/9 8 +1-- Â»4 May 10, 2018 This letter is to authorize Seth Hmielowski as the representative authorized to act on behalf of the applicant, Cathedral Cutthroat LLC. Andy Fromm is the Manager of this LLC . Seth Hmielowski Z-Group Architects, P.C. 411 East Main Street, Suite 205 Aspen CO 81611 970-925-1832 Sincerely, Andy F rom m Cathedral Cutthroat LLC. 209 E. Bleeker Street Aspen, CO 81611 816-304-8001 se.20 * 2.*16. C THE CITY OF ASPEN Land Use Application Determination of Completeness Date: April 26, 2018 Dear City of Aspen Land Use Review Applicant, We have received your land use application for 209 E. Bleeker. Administrative Determination - pre-development topography and have reviewed it for completeness. 3 Your Land Use Application is incomplete: Please submit the following missing submission items. El Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages. judgments, liens, easements, contracts and agreements affecting the parcel. and demonstrating the owner's right to apply for the Development Application. Il Applicant's name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2797 if you have any questions. Thank You, Justifi13arker, Senior Planner City of Aspen, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required New PD Yes No ,><f Subdivision, or PD (creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes - NojÂ« Commercial E.P.F. Lodging CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT LAND USE APPLICATION Project Name and Address: Fromm Residence 209 East Bleeker Ave Parcel ID # (REQUIRED) 2737-073-09-852 APPLICANT: Andy Fromm Name: 209 East Bleeker Ave Address: 816.304.8001 ernail: afromm@smg.com Phone#: REPRESENTIVATIVE: Name: Seth Hmielowski, Z-Group Architects 411 East Main Street, Suite 205, Aspen, CO 81611 Address: Phone#: 970.925.1832 email: seth@zgrouparchitects.com Description: Existing and Proposed Conditions See attached Document Review:IAdministrative',or Board Review Required Land Use Review(s): Growth Management Quota System (GMQS) required fields: Net Leasable square footage Lodge Pillows Free Market dwelling units Affordable Housing dwelling units Essential Public Facility square footage Have you included the following? FEES DUE: $ ~ Pre-Application Conference Summary ~ Signed Fee Agreement % HOA Compliance form ~ All items listed in checklist on PreApplication Conference Summary November 2017 Citv of Asoen I 130 S. Galena St. I (970) 920 5090 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT DIMENSIONAL REQUIREMENTS FORM Complete only if required by the PreApplication checklist Project and Location 209 East Bleeker Ave Applicant: Andy Fromm Zone District: R-6 Gross Lot Area: 6,000 SF Net Lot Area: 3,000 SF ** Please refer to section 26.575.020 for information on how to calculate Net Lot Area Please fill out all relevant dimensions Single Family and Duplex Residential Multi-family Residential Existing Allowed Proposed Existing Allowed Proposed 1) Floor Area (square feet) 1,804 SF 3,999 SF 1) Numberof Units 2) Maximum Height 25' 25 25' 2) Parcel Density (see 26.710.090.C.10) 3) Front Setback 10' 94' 3) FAR (Floor Area Ratio) 4) Rear Setback 5, 5' 5' 4) Floor Area (square feet) 5) Side Setbacks 5' 5' 5' 4) Maximum Height 6) Combined Side Setbacks 27.9' 15' n/a 5) Front Setback 50% 50% 6) Rear Setback 7) % Site Coverage 8) Minimum distance between buildings n/a 5' 9' 7) Side Setbacks Proposed % of demolition Proposed % of demolition Commercial Lodge Proposed Use(s) Additional Use(s) Existing Allowed Proposed Existing Allowed Proposed 1) FAR (Floor Area Ratio) 1) FAR (Floor Area Ratio) 2) Floor Area (square feet) 2) Floor Area (square feet) 3) Maximum Height 3) Maximum Height 4) Off-Street Parking Spaces 4) Free Market Residential(square feet) 5) Second Tier (square feet) 4) Front setback 6) Pedestrian Amenity (square feet) 5) Rear setback Proposed % of demolition 6) Side setbacks 7) Off-Street Parking Spaces 8) Pedestrian Amenity (square feet) Proposed % of demolition Existing non-conformities or encroachments: Side yard Setback Variations requested: HPC Approvals November 2017 Citv of Asoen I 130 S. Galena St. I (970) 920 5090 Existing Condition: The existing conditions Hardship is that the majority of the site is actually in a low depression from all the surrounding areas. When reviewing the survey provided, you will see the historic contours overlaid onto the property with spot elevations of existing conditions. The historic grades tie into the front (north) of the property perfectly and then show the rear of the site (south) much higher. We believe this due to the regrading of the alley at some point in the past. In any case, the historic contours ran through this site in a more gradual or regular fashion, unlike the existing condition. The property grade steps or slopes down to the center of the site from the alley (in most locations) 1'-9"+/- and from the street curb 1'-3"+/- for the majority of the site. The property to the west is higher by 1'-7" towards the rear and 7-8,n towards the center, but ties into ourgrades towards the front. The property to the east ties into the grades on this site for the most part, however the majority of the front yard of the east property actually surface drains onto this site (as depicted in our attached Civil Engineers Drainage Report) and the rear ofthe east property is over 2' higher. There is a verbal agreement with this neighbor to address the drainage issues by raising the grades at the front and side yards, so that surface drainage stays on their property. This is planned to be done in conjunction with our construction. According to discussions with neighbors, we also have reason to believe that the site was actually excavated down slightly, and the existing historical cabin elevation was lowered when the foundation forthe basement was dug underneath the house. This would explain the low spot in the center of the site. Furthergrading hardship can be stated with regard to proper drainage of this site. In order for the civil engineer to design proper surface drainage, the site's grade has to be elevated 1'-0" to 2'-0" (in some areas) to essentially start from where the grades should be to tie into the surrounding property. Raising the grades in this manner, removes the necessity for a drywell in the front yard. This as you know is not allow per HPC guidelines. Raising the grades also is essential in obtaining proper surface drainage away from the historic asset by raising the finished floor elevation which allows the cabin to properlytie-in to the street curb and future sidewalk. Lastly, this site is starting from a negative grade elevation by 1'-0" to 2'-0" when compared to the surrounding properties, alley and road. There are issues with all 4 side of this property with being much higher which essentially has created the land depression hardship. Proposed Conditions: When we met with Planning Staff in early fall of 2017 to discuss our site elevation hardship, Staff mentioned if historical grades could be proven from a licensed surveyor and they help your case, then we could present the historical grades as an alternative. Per this land use submission, we are proposingto use the historical grades found by our surveyor on old historical maps. As previously stated, the historical grades actually tie into the front (north) part of the site almost perfectly; however, they are higher in the rear (south) of the site. The historical alley contours differ from 1'-3" to 2'-0" higher than the existing alley. It would be acceptable to our Team if we could interpolate the grades across the site, from front to back, so that grades would tie into the existing street and alley contours if this is more preferable. 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' Â· j .$ . 9 ' â‚¬14 6 , - . --U:.7 -W'*6*1*,4 , . './ e:,#f~).re:,99.~A#*Ain#~~j i: 42&i# 1 Â¥42 I tl. 4.-''de***%Â£**:*4*bl *. ~* A 24 #mi#eNE 4 - 4%/~8181Lf5B~6* - - .+5*13. .. t 4 6, - 9~,& 3* X Z~- 1 4 4 4 SITE RE-AINING â€¢ WALL ~ 0 ~Â·Â·'Z@Â·~Er Â·' . 0. -I ' I/0/42,4,426*. 4 9 i ...7/L,>i,~alp. . ~~ - / 1 - Vi 1/9/ P6IM-% I ; 1 1 .. - ..3 hr , *1- ./7 t 41,9 ilrj/,<&.343,0,ip~fli. 4 Â¥ - . 1/2. - j 'Abl 4,22* 4 47..t - 9 - - 'AL- 4. A. ~/11,2. 1 <4 ' b ...Z&M / - liel' I'llil~ I -- .~0- -Ii"Vill~I , .-1 , CITY OF ASPEN 13 PRE-APPLICATION CONFERENCE SUMMARY ~ PLANNER: Jim Pomeroy DATE: March 9, 2018 PROJECT: 209 E. Bleeker REPRESENTATIVE: Seth Hmielowski & Melanie Noonan DESCRIPTION: The applicant requests an administrative determination regarding the pre-development topography on a West End lot. The property currently has an historical home on it which is being moved to a different location on the site and the rest of the lot is being redeveloped. Currently a portion of the lot is lower than the surrounding properties which may represent re-grading that took place on the site at some time in the past. The re-grading is considered a form of development and the Land Use Code requires both height and Floor Area to be calculated using natural or pre-development topography. The development rights associated with the lot may be affected by the re-grading. In order to establish an agreed upon pre-development or interpolated grade, which will then be considered "natural grade," a land use application must be submitted for consideration by the Community Development Director. The Applicant may provide a signed and stamped alternative interpolated grade survey from a licensed surveyor. Essential to the application is evidence of the pre-development topography. The following language from the Land Use Code (Chapter 26.575) describes the review process: "In instances where the natural grade of a property has been affected by prior development activity, the Community Development Director may accept an estimation of pre-development topography prepared by a registered land surveyor or civil engineer. The Director may require additional historical documentation, technical studies, reports, or other information to verify a pre-development topography." The submitted materials will additionally be evaluated by the City of Aspen Engineering Department. Below are links to the Land Use Application form and Land Use Code. Land Use Application: https://www.citvofaspen.com/DocumentCenter/View/1835 Land Use Code: https://www.citvofaspen.com/276/Title-26-Land-Use-Code Land Use Code Section(s) 26.304 Common Development Review Procedures 26.575.020 Calculations and Measurements, Measuring Net Lot Area/Height Review by: Staff for complete application and determination Planning Fees: $650 - for two hours of Staff Review time. RECEIVED Referral Fees: Engineering - $325 for one hour of review time APR 19 2018 CITY OF ASPEN COA:thiTY DEVELOPMENT 4 . I. Total Deposit: $975 (additional/lesser planning hours are billed/refunded at a rate of $325/hour; additional engineering hours over deposit are billed at a rate of $325/hour) RECEIVED To apply, submit one copy of the following information: APR 1 9 2018 O Completed Land Use Application and signed fee agreement. CITY OF ASPEN COMMUNITY DEVELOPhENT Â¤ Pre-application Conference Summary (this document). Il Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 0 Applicant's name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. D HOA Compliance form (Attached) Â£ A proposed survey from a registered surveyor or civil engineer D Historical documentation, technical studies (such as a soil study), surveys, spot elevations, site sections, maps and other information sufficient to verify the pre-development topography. Il An 8 1/2" by 11"vicinity map locating the parcel within the City of Aspen. Once the application is deemed complete by staff, the following items will then need to be submitted: 0 Total deposit for review of the application. 0 A digital copy of the application provided in pdf file format. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. CITY OF ASPEN C0MMUNITY DEVELOPMENT DEPARTMENT Land Use Review Fee Policy The City of Aspen has established a review fee policy for the processing of land use applications. A flat fee or deposit is collected for land use applications based on the type of application submitted. A flat fee is collected by Community Development forapplications which normallytake a minimal and predictableamountof staff time to process. Review fees for other City Departments reviewing the application (referral departments) will also be collected when necessary. Flat fees are cumulative - meaning an application with multiple flat fees must be paythe sum of those flat fee. Flat fees are not refundable. A review fee deposit is collected by Community Development when more extensive staff time is required. Actual staff time spent will be charged against the deposit. Various City staff may also charge their time spent on the case in addition to the case planner. Deposit amount may be reduces if, in the opinion of the Community Development Director, the project is expected to take significantly less timeto process than the deposit indicates. A determination on the depositamountshall be madeduringthe pre-application conference bythe case planner. Hourly billing shall still apply. All applications must include an Agreement to Pav Application Fees. One payment includingthe deposit for Planning and referral agency fees must be submitted with each land use application, made payableto the City of Aspen. Applications will not be accepted for processing withoutthe required fee. The Community Development Department shall keep an accurate record of the actual time required forthe processing of a land use application requiring a deposit. The City can provide a summary report of fees due at the applicant's request. The applicant will be billed forthe additional costs incurred by the City when the processing of an application bythe Community Development Department takes more time or expense than is covered by the deposit. Any direct costs attributable to a project review shall be billed to the applicant with no additional administrative charge. In the event the processing of an application takes less time than provided for bythe deposit, the department shall refund the unused portion of the deposited fee to the applicant. Fees shall be due regardless of whether an applicant receives approval. Unlessotherwise combined bythe Director for simplicity of billing, all applications for conceptual, final and recordation of approval documents shall be handled as individual cases forthe purpose of billing. Upon conceptual approval all billing shall be reconciled and past due invoices shall be paid priorto the Director accepting an application for final review. Final review shall require a new deposit atthe rate in effect atthe time of final submission. Upon final approval all billing shall be again reconciled priorto the Director accepting an application for review of technical documents for recordation. The Community Development Director may cease processing of a land use application for which an unpaid invoice is 30 or more days past due. Unpaid invoices of 90 days or more past due may be assessed a late fee of 1.7% per month. An unpaid invoice of 120 days or more may be subject to additional actions as may be assigned bythe Municipal Court Judge. All payment information is public domain. All invoices shall be paid priorto issuance of a Development Orderor recordation of development agreements and plats. The City will not accept a building permit for a property until all invoices are paid in full. For permits already accepted, and unpaid invoice of 90 days or more days may result in cessation of building permit processing or issuance of a stop work order until full payment is made. The property owner of record is the party responsible for payment of all costs associated with a land use application for the property. Any secondary agreement between a property owner and an applicant representing the owner (e.g. a contract purchaser) regarding payment of fees is solely between those private parties. November 2017 City of Ast)en I 130 S. Galena St. I (970) 920 5090 10 .A. 0 1 0. , .A l Agreement to Pay Application Fees =mo zeÂ· 20/%Â·A~ U An agreement between the City of Aspen ("City") and ase type or print in all caps Address of Property: - P Property Owner Name: 4 4/8 Y FROM/01 Representative Name (if different from Property Owner) Dah - L /1 7+1 2 0 K /14 0 4 7~7~ /7 i Â¢ 6/iT Z- L C Billing Name and Address - Send Bills to: 2-1 1 7.7 6-ENT R A L Contact info for billing: e-mail: ,A F AL M M 5-5 /VE, 60/1. 2 1 6 8 0 9 3>80 ~ I understand that the City has adopted, via Ordinance No. 30, Series of 2017, review fees for Land Use applications and payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $ 8 at fee for ~~ $. flat fee for $. flat fee for . $. flat fee for For Deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. thave read, understood, and agree to the Land Use Review Fee Policy including consequences for no-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render and application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, 1 agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $ 690 deposit for 2-6/5 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. $ 3225 deposit for ~ hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. City of Aspen: Signature: Jessica Garrow, AICP / Community Development Director PRINT Name: /\ F J b A E v A A o P' ful City Use: Fees Due: $ Received $ 115'Â°v Title: ~\4 4 vt Â« cj p f O W mer 1 Case # November 2017 Citv of Asoen I 130 S. Galena St. I (970) 920 5090 CITY O ECEIVED Ar.0,Â· . COM~NnY DEVELOPMENT DEPAmMENT ..,4 5*. - Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form} certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be soned by :he progeny owner or Attorney represent,nq the property owner. Property Name: ~ f 1.<4 2,; 31 ~ C u;, -P A 1- LLC. 6-0 /l/l/1-,i vi >. Owner (TI Email: P 01 -Er O 01/?tllri- /01'.t'/1 ,-*-,1 phone NOÂ·grl 6 -5 0 a~ ~~6,0 / Address of -2 0 9 2 13 CeÂ¢ 6=-4- Properly (subject of A si, e vi < Lj U 87) 61 1 application) I certify as followsupick one) ~ This property is not subject to a twmggmlew association or other form of private covenant U This property is subjed to a Immep.Ysneis association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. U This property is subject to a hgoogqwne Is association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. Evidence of approval is attached. I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I understand that this document is a public document Owner signature: 6-4 datel..5 ---1 T- Cr Owner printed name: A 1 2 4 i- /--0 6%1 4/0-1 L ta f Â« CJ 6 * -ft-4arvj LL C or, Attorney signature d ate:. Attorney printed name 1,1.1.1111.11111111..11 RECEPTION#: 637153. R: $23.00, D: $625.00 DOC CODE: WD Pg 1 of 3, 03/29/2017 at 10:16:32 AM After recording return to: Janice K. Vos Caudill, Pitkin County, CO Attorneys Title Insurance Agency of Aspen, LLC 715 West Main Street, Suite 202 Aspen, Colorado 8i6ii GENERAL WARRANTY DEED Foc 42 4 425* THIS DEED is dated~8 March 2017, is granted and made by and between 209 BLEEKER LLC, a Coloradolimitedliabilitycompany (the"Grantor") and CATHEDRAL CUTTHROAT, LLC, a Colorado limited liability company, whose mailing address is: 5601 High Drive, Mission Hills, Kansas 66208 (the "Grantee"). WITNESS, that the Grantor, for and in consideration of the sum of Six Million, Two Hundred Fifty Thousand, and 00/100 U.S. Dollars ($6,250,Coo.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells, conveys and confirms unto the Grantee and the Grantee's successors and assigns forever, all the real property, together with any improvements thereon, located in The City of Aspen, Colorado, described as: All of Lots C and D, together with a portion of Lot B to the west face of the wall and h fence in place as it encroaches upon Lot B from Lot C, Block 73, City and Townsite of Aspen, Pitkin County, Colorado. M Also known as: 209 East Bleeker Street, Aspen, Colorado 81611. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, the reversions, remainders, rents, issues and profits thereof, and all the estate, rights, titles, interests, claims and demands w*atsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee and the Grantee's successors and assigns forever. The Grantor, for itself and for its successors and assigns, covenants, grants, bargains, and agrees to and with the Grantee, and the Grantee's successors and assigns that at the time of the ensealing and delivery of these presents, the Grantor is well seized of the premises above conveyed; has good, sure, perfect, absolute and indefeasible estate of inheritance, in law and in fee simple; and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid; and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except taxes for 2017, not yet due and payable, and those exceptions listed in EXHIBIT A: And the Grantor shall and will WARRANT AND FOREVER DEFEND the above described premises, in the quiet and peaceable possession of the Grantee and the successors and assigns of the Grantee, against all and every person or persons claiming the whole or any part thereof. CITY OF ASPEN CITY OF ASPEN WRETT PAID HRETT PAID DATE REP,VLNO. 6.-al/95 DATE REP~K NO. S-3lvsb 3 laoll{1 -3~39) 1-7 Attorneys TIN, Nlency Q MOO,Â· RECEPTION#: 637153, 03/29/2017 at 10:16:32 4ipgs 2 of 3, Janice K. Vos Caudill, Pitkin Countv, CO GENERAL WARRANTY DEED Pitkin County, Colorado 209 Bleeker LLC to: Cathedral Cutthroat, LLC IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. 209 BLEEKER LLC, a Colorado limited liability company, By: Aspen Starwood, UC, a Colorado limited liability company, Its Manager Marleâ€¢Fi;f21and, Manager State of Colorado ) ) SS County of Pitkin ) The foregoing Warranty Deed was executed and acknowledged before me on @3 March 2017 by Mark Friedland, as Manager of Aspen Sta~wood LLC, a Colorado limited liability company, the Manager of 209 Bleeker LLC, a Colorado limited liability *m#any. Witness my hand and official seal. 1-1 4 -c- My commission expires:8 11(/201 7 Notary Public 6 4--- ' WINTER VAN ALSTINE NOTARY PUBLIC STATE OF COLORADO NOTARY 10*20054031744 MY C~MESSION EXPIRESAUGUST 11, 2017 Page 2 of 2 RE :EPTION#: 637153,03/29/2017 at 10:16:32 -, Pgs 3 of 3, Janice K. Vos Caudill, Pitkin Court CO EXHIBITA: 1. Terms, conditions, provisions, agreements and obligations specified under the Deed from the City of Aspen, dated October 7, 1887, And recorded October 7, 1887, in Book 59 at Page 13, as Reception No. 020680, providing as follows: "That no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper or to any valid mining claim or possession held under existing laws." 2. Terms, conditions, provisions, agreements and obligations specified under the Quit Claim Deed, dated July 25, 1978, and recorded July 31, 1978, in Book 352 at Page 251, as Reception No. 206188. 3. Terms, conditions, provisions, agreements and obligations specified under the Decree Quieting Title, dated October 25, 1994, and recorded November 16, 1994, in Book 767 at Page 354, as Reception No. 376469. 4- Terms, conditions, provisions, agreements and obligations specified under the License Agreement, dated July 28, 2011, and recorded July 29, 2011, as Reception No. 581538. 5. Encroachment, as described in the Warranty Deed, dated May 5, 2015, and recorded May 5, 2015, as Reception No. 619563Â· 6. Terms, conditions, provisions, agreements and obligations specified under the Resolution #30, Series of 2015, recorded December 15, 2015, as Reception No. 625588. 7. Terms, conditions, provisions, agreements and obligations specified under the Resolution #15, Series of 2016, recorded May 26, 2016, as Reception No. 629577, and re-recorded June 14,2016, as Reception No. 629970. 8. Encroachment ofbuilding, planter and wood shed onton Building Setbacks, as shown on the Improvement Survey Plat, provided by Tuttle Surveying Services, dated March 16, 2017, Job No. Z:/2016/209BLEEKER/209BLEEKERCOA.DWG. g. Any loss or damage caused by the fence not on the property boundary, as shown on the Improvement Survey Plat, provided by Tuttle Sun'eying Services, dated March 16, 2017, Job No. Z:/2016/209BLEEKER/209BLEEKERCOA.DWG. 10. The policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) resulting from any dispute or uncertainty as to the exact location and dimensions of the portion of Lot B referred to in paragraph 4 of Schedule A. Seth Hmielowski From: Seth Hmielowski Sent: Tuesday, March 20,2018 3:31 PM To: 'Seth Hmielowski' Subject: FW: permission to represent From: Andy Fromm <afromm@smg.com> Sent: Tuesday, March 20, 2018 2:48 PM To: Seth Hmielowski <seth@zgrouparchitects.com>; Melanie Noonan <melanie@zgrouparchitects.com> Subject: permission to represent To whom it may concern, Seth Hmielowski and Melanie Noonan, of Z Group Architects, have permission to represent me in the land use application process. Thank you, Andy Property Information: Cathedral Cutthroat, LLC 209 E. Bleeker Andy Fromm I CEO I Chairman afromm@smg.com I (P) 816.448.4502 Service Management Group 1737 McGee Street, Kansas City, MO 64108 SMG US I SMG EMEA I SMG Asia-Pacific 1 Locately This email and any attachments thereto may contain private, confidential, and privileged material for the sole use of the intended recipient. Any review, copying, or distribution of this email (or any attachments thereto) by others is strictly prohibited. If you are not the intended recipient, please contact the sender immediately and permanently delete the original and any copies of this email and any attachments thereto. 1 . . . 0 . . 0 . ' SURVEY DOES NOT ACCURATELY DEPICT EXISTING CONDITIONS WEST OF THEn ,-- 2' CONCRETE PAN BETWEEN CABIN AND PROPERTY LIMIT. GRADE PROPERTY LINE. FINISHED GRADE IS ESTIMATED TO BE 7898*. CONTRACTOR \ - LOT B DOWN FROM LIMITS OF DISTURBANCE ALONG WEST EDGE OF WALL 0 TO MATCH EXISTING GRADEAUUMITS OF DISTURBANCE AND GRADE DOWN-- < TO THE PROPERTY LIMIT. NO DRAINAGE TO BE DIRECTED OFF-SITE. ~ /330Â·--X~~ ~ -TO-FWALE FLOWLINE 12" EAST OF PROPERTY LINE. NO DRAINAGE TO BE 1 COORDINATE WITH ENGINEER PRIOR TO CONSTRUCTION. 1 1 1 1_1 1.---4-1- CONCRETE PAFW IRECTED OFF-SITE. COORDINATE WITH ENGINEER PRIOR TO CONSTRUCTION. ~ SWKE=ELOWUNE- CASTERLY 1.17' SIDE c , 241 -1.00'--SETBACK PROPERTY LIMIT L SETBACK Z 0 1 <2 - 0 o6 ~ 3'X2')<18" DEEP TYPE L . 050=9) RIPRAP PAD AT END OF CURB/GUTTER , if 03 0 B/GUTfER ZU - =1 E# a -1 - 0 Z 00 0 14 N Z n R 1% 1- 083 Lu LU Ua G? 05 9 r.u > WA Z 7, MI LU 111 /4 N 1-2 1 - h l 111 63LLI6 9 g _1- J O ~- ASPHAL T /34 V/NG -~ ~ ~ ~ ~ ~[F 1 f =*8@thRZOO 64 <NI-LUCD So$Ome#z ~vgR/@5 2*2*mem= 6:EmoOLLIO Wl:%21/ Jm&=*M C & JRO LU Dz SOUTHERLY 2 0 PROPERTY LIMIT $Â»Â»4 WN = =2 -1 h 12 Q f AMARY TABLE FS) 0100 (CFS) 0.17 0.28 NOTES: 0.29 0.07 1. ALL ROOF DRAINAGE FROM THE WE GUTTERS AND DIRECTED INTO ON-C DRAINAGE APPEARS TO BE TRIBUTAF 2. BASED ON THE "GRADING, DRAINAGE PREPARED AND RECEIVED BY PINNA APPEARS TO HAVE A MAIN LEVEL F THAN THE 7895.56 TOP BACK OF i END POSITIVE DRAINAGE IS NOT PROVIDE 3. THE DRAINAGE REPORT FOR LOTS E PINNACLE DESIGN CONSULTING GRO ..... 100-YEAR DEVELOPED STORM EVEN ....... TANK". AS SUCH, YCCD IS RELYING INADEQUATE POSITIVE DRAINAGE IS -t ACCOMMODATE THE 100-YEAR EVEb 4. POND TO OVERFLOW IN SHEET FLO\ ~ SHEET TITLE DRAINAGE PLAN ELEVATION 7897.00. (PROPOSED) 5. SITE IS NOT WITHIN ANY KNOWN, M ~ (10 SHEET NO. Cloo C5.1 r,U,1 , LJ ........ NOI1Â¥hl019323 OINO.LSIH )930 3 Hl NOISI/\321 / 3 nSSI ON 113NNVA T :*8 NDIS3a 133hllS B313318 '3 601 IZ9I8 OGV}10100 '17[VSVEI'HANHAV GNVEIDY 6ZZ OaVhl0100 'N3dSV BOOL-EZE (0L61 7897 ALLEY 011 'NOIS30 1 0 713Nkl~~ APP '9 LLOZ/9/EL 31VCI AFT ~-17 El.0'ZI. :~ON 103f'Obld Pr LL/9/EL 1IM@3d 303 SONIMVEIC] 'Z 113NhIVA T *8 a3M31A38 9/ZL U.SNOO 303 1ON '13S SS3MOObld L 113NNVA r :AS NNWkda 4â€¢ e .i 1 Â·Â·2- 4 9, 7 1 Â¥ e: . 1%9 *e 4.0 M 34 ..A1 0. A: 11111.1 -r .11.1.1.111 .1/. 1 . I , 111 1,11ll . D.. A .0 A 00 0 A. 111 1. 1.,-1 1...1 ':1.11'i . ,11:th' 1 pr .. , A. 1 ...... :. 22 I :... :N A. .. . .. . 0 Al, 0 . 0 1. 13 A 00 0 .- A e :A n . :... 1 e NON . I . I I . . . 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HISTORIC CONTOUR EXHIBIT L~lt ~:Â·Â·.~,~~Â¢1.-Â·:~:i--Â·)>.Â«:2Â·~-<Â»*t~149~ 0 tl A - T- - ,-Il/=/71 7 A ~ TÂ¥-~ /-/rl /-j =/T T~ T/~1 7/V-/'9=/9 I) =/9 . I. r.7... T 9 _ 1...4.1469 '(9-11, ~'Â· 34\ ' 0-:--'Â·'%0~~~~~9$k-342.9~,ht,b--- fa, X Z'< 4 :I --~*20 SS 29- 7897.77' - 1900 *-- _~* Drawn By: Revision r&+~-ed,Sur~ein,I~(=*j' NO. Date By JRN CATHEDRAL CUTTHROAT, LLC. Project NO. / ~ Checked By: - CITY OF ASPEN, COLORADO 17068 f ~ / Rifle, CO 81650 \ 7 i JRN HISTORIC CONTOUR EXHIBIT l L,/ Phone (970)625-1954 \ / 1 DateÂ· ~ ~ Fax (970) 579-7150 LOT'S C & D, BLK 73, COA ~ MARCH 20,2018 NOTICE: ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ACTION \ \,www.peaksurveyinginc.com./ / 209 EAST BLEEKER ST. BASED UPON ANY DEFECT lN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN -Since2ee7 Computer File: 10F1 THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON 068.DWG . . . . . 0 . . . A,. . 7, 7 .A.7 ,~ 3:<4- 0.1 0 01 . ODA .0 . e \ . . A DA DAD 0 1 .4 : #R I:, L , - p 1 4 1 1 -/ 1 ... , .9 ... .... . 4 11 .:0 111/ .. .... . - i .U I 4 1 & 0,3 - / - .. . 0 V 0 - f.- 8 0.0 . - 117 - 0 I elf . I ,. -........ , ':t= . . . .If D 4 , C. -Il . . 4 4 1 - .. 4% . 2. . . 0 -4 - . I. - . -./ . ' 48:"' 4.'' :I) -, . e . . *, ' 2 . D 0 . ../. 1.2 " 4 . A ... . 4 . .0 . - . , 1 1 . . . . . I -- . -. , 0 - ... I. I. I. lili .3. . 0 0. D 0 ... 0., ... 0 .. . .. . . .:I . . : 4 . 0 : . I. I . . I 0 - ..... , 1 - I . I . .. . - . ./.- 0 - ' ...... , I . ..- 0 . . : .. . I . I . -7 . ... . 0 . .. I *11 lam ' .... d . I #u ll . ' 4 : I ..:.0, 0 .0 . ..... I. ~ . 0.0 . . .. lo 0 .... .. . 1 4 . 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