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Land Use Case.755 S Aspen St.0066.2017.ASLU
. / 7 5-5 5 Aspe-1 St x 0066 2017.ASLU LOTS 1 &2 SOUTH ASPEN STREET INSUBSTANTIAL AMENDMENT/ TOWNHOMES 2737 131 39 001 & 004 »EZZZ R ' 64.=L.18-5 RECEIVED *1 AUG 15 2011 CITY OF ASPEN THE CITY OF ASPE-N CO&*U~Y DEVROPMENT Land Use Application Determination of Completeness Date: August 14,2017 Dear City of Aspen Land Use Review Applicant, We have received your land use application S. Aspen Street PD - Insubstantial Amendment (windows) have reviewed it for completeness (and not compliance). ~~i~Your Land Use Application is complete: Please submit the following to begin the land use review process. 1) Review deposit of $1,300.00. 2) One additional hard copy ofthe application. 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. Tl~a*-you, Ne€nifer Phelah, Deputy Planning Director City of Aspen, Community Development Department For Office Use Onh': 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 No ~,O Commercial E.P.F. Lodging 1 PATH: G/DRIVE /ADMINISTRATIVE/ADMIN/LANDUSE iSE DOCS THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0066.2017.ASLU PROJECT ADDRESS 0 LOTS 1&2 SOUTH ASPEN ST PARCELID 2737 131 39 001 & 004 PLANNER BEN ANDERSON CASE DESCRIPTION INSUBSTANTIALAMENDMENT WINDOWS REPRESENTATIVE BENDONADAMS DATE OF FINAL ACTION 09.15.17 CLOSED BY ANGIE SCOREY 1.23.18 0 Permits 2-7 3-7 131 9 001 -4- 00 4 , 66 · 29 l -7. ASLU m file Edit Record Navigate FErm Reporis Format Iab !:!elp ~ i @ @ IX )* V It ze ilj**40.-,I.*AA.1*Ii,-4 1 *-1 119 a Gd a.~ i 11 1 2 M m k A lump 1 $ 9 , 1*I 6 ~ !241 0 9 8 0 9. Ii.. (.9 [a a *19 .1 1-14 FR- Fields I RogUng Status ' Fee SummarM ' Adjons ~ Routing distory I 1 9 9--,mi,r~~ 43,„„ 9 . Nermit type hsiu .Aspen Land Use f Permit # 0066.2017.ASLU - ~ Address 0 LOTS 1 &2 SOUTH ASPEN ST 1 · · Apt.Suite ~ City ASPEN ...1 ' · . State CO 1 Zip 81611 L- ' Permit Infbrmatior,~~ F & MastEr permit Routing queue aslu 15 Applied 08/16,2017 In yllllll Fill- Project Status pending Approved i p 1 Description APPLIC.AIION FOR S ASPEN STREET TOWNHOMES UNrr 14 PD - INSUBSTANTIAL Issued ~ 1 AMENDMENT ( WINDO WS) PID 2737 131 39 001 AND 004 Closed/Final 1 - 0~ Submitted BENDONADAMS clock Running Days E~~6| Expires 08/11,2018 Submitted via = - 421.-22--'54-,I.1.191-~ ~ Owner -. : :.-:,--v-4 ..."-C' y --t.+.--rill'' 17.-al.Fle'll'ri"ii'.1.Il'w, ,€89~ -" .le Last name SOUTH ASPEN STCOWop |·· First name PO BOX 4650 BASALT CO 81621 Phone 1970) 927-293C Address Applicant Il Owner is applicant? m Contractor is applicant? Last name ASVASPEN STOWMERS LI~··· First name Phone () - Cust # 29351 1··· Address Email j9 Lender Last name 1· · + First name Phone () - Address __a«*.,., 31AspenGold5 { server 1 -]langelas 11/iMIIII~ of 1 _ Ok * I [71 BO ¢+Tal S . ~kI-6 -* 4-81 09 4 \ 300 - 00 *48/4 440, r, t -1 -11 C{ 16 L d Aas . 10N Moin xoqlool sdno g qell 11 DEVELOPMENT ORDER ofthe City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit application submittal is accepted and deemed complete by the Chief Building Official, pursuant to Section 26.304.090, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Bald Mountain. LLC 132 West Main Street. Aspen. CO 81611 Property Owner's Name, Mailing Address South Aspen Street Townhomes Subdivision/Planned Development. situated in Section 13, Township 10 South, Range 85 West of the 6th p.M., City of Aspen. County of Pitkin. State of Colorado; South Aspen Street, Aspen, Colorado 81611. Legal Description and Street Address of Subject Property The applicant has received approval to enlarge two windows in Unit 14. Written Description of the Site Specific Plan and/or Attachment Describing Plan Insubstantial Amendment to a Planned Development - approved by the Community Development Director. Reception #641482 (9/15/2017). The project must comply with allowances and limitations ofthe Land Use Code. Land Use Approval(s) Received and Dates October 5, 2017 Effective Date of Development Order (Same date as published notice) October 5.2020 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 3rd day of October, 2017, by the City of Aspen Community Development Director. -49-20 61 (34,1-/au? <- Jes,bica Garrow, ~.~nmunity Development Director NOTICE OF APPROVAL For an Insubstantial Amendment to the Planned Development for the South Aspen Street Townhomes Subdivision/PD, Situated in Section 13, Township 10 South, Range 85 West of the 68 p.M., City of Aspen, County of Pitkin, State of Colorado Parcel No. 2735-131-39-004 APPLICANT: Todd Emerson, ASVS Aspen Street. LLC c/o Bald Mountain, LLC 132 West Main Street, Ste C, Aspen CO 81611 SUBJECT & SITE OF AMENDMENT: South Aspen Street Townhomes Lot 2, Unit 14 South Aspen Street, Aspen CO 81611 SUMMARY: The applicant is al////////I ua-_/ki~,di Aqi@-Si~ til proposing changes to Unit 14 located ~ .,„ i,,r.,,9£.. .., 1.692.- c. .z on Lot 2 of the South Aspen Street 7.: i fi_ L~ t: -1 4 Townhomes Planned Development. 1 ~ . L= · i 34= 14 5%'. Two windows on the South and West 7~ 7 e 9 ta facades are proposed to be enlarged. ~IR'e - 13 - _ 10 The application is pursuing an ,~ / 1 Insubstantial Amendment to a Planned 1.A I ' M 12 1 1 Development to change the window ~Irt 4. I sizes from approved dimensions. --1 h. i ·A v Figure A - Site plan of South Aspen Street .6 Townhomes Lot 2. Unit 14 is starred. ' BACKGROUND: The South Aspen Street Planned Development was amended via Ordinance No. 23, Series of 2013. The project consists of two lots. Lot 1 was approved with three multi- family structures - two containing 15 affordable housing units between them, and one containing five free-market units. Lot 1 was also approved with a sub-grade parking garage. Lot 2 was approved with four structures - a single family home, and three triplex buildings containing nine free-market units between them. The approval required a Final PD Development Plan Set that included an architectural character plan depicting massing, fenestration and materials for each building among other items, reflecting what was recorded as Exhibit C (Architectural Character Plan) to the approval. Additionally, the window configuration o f Unit 14 was previously altered on the South and North facades per approval of a separate Insubstantial PD Amendment in June of 2017. RECEPTION#: 641482, R: $28.00, D: $0.00 1 DOC CODE: APPROVAL Pg 1 of 4, 09/15/2017 at 02:24:02 PM Janice K. Vos Caudill, Pitkin County, CO REQUESTED REVIEW: • Insubstantial PD Amendment per Section 26.445.110(A) related to a request for a change to fenestration to one multi-family unit (Unit 14) at the South Aspen Street Townhomes. The Community Development Director may approve, approve with conditions, or deny this request based on the criteria found in Exhibit B to this memo. PROPOSED CHANGE: The request involves Unit 14 of Lot 2, the last unit in the lot's third triplex. The applicant is requesting an increase to the size of two windows, one each on the unit's southern and western fagades. The approved windows are both rectangular openings that measure 7 feet, 4 inches in width x 4 feet, 4 inches in height. The proposed windows remain the same width but become taller with a new height of 7 feet, 2 inches. The owner is requesting this change to better capture the mountain views from within the unit. Exhibit A provides drawings of the existing and proposed conditions. STAFF EVALUATION: Staff has reviewed the proposed changes against the review criteria for an insubstantial PD amendment, and finds the following. The requests are limited to changing the sizes of two windows. The proposed changes do not alter the use or character of the development, which remains multi-family housing, and are limited to minor aesthetic changes which Staff finds to be insubstantial in nature, having nominal impact on the affected structures and overall project. The request does not require any variations from the projects allowed use, and no changes are proposed to the approved floor area, height or other previously approved dimensional requirements. Staff finds the request to meet all the required criteria for an insubstantial PD amendment, as detailed in Exhibit B, Staff Findings. Of note, the original vesting date for the South Aspen St. townhomes project has expired; however, the project is still valid under an active building permit. This approval does not extend the vested rights of the project. DECISION: The Community Development Director finds the application for an Insubstantial PD Amendment for an increase in window size for two windows at Unit 14, as noted above, to be consistent with the review criteria (Exhibit B) and thereby, APPROVES the request. APPROVED BY: C 641·(~All lt\NO M Cp 51 7,08- ~essica Garro*, Community Development Director Date' U Attachments: Exhibit A: Existing and Proposed Fenestration (recorded) Exhibit B: Staff Findings (In (tile) Exhibit C: Application (In file) 2 Exhibit A PARTNERSHIP, INC. Cy'BRYAN ARCHrrECTS - ALA. ARCHnECTURE, PLANNING, INTERIOKS P. o. 0*1773 62=r m.12, e Tel: 970.66&1133 Ftc ...668.1316 11 r--4'17 ri F77 9 0 1-1.3 I' L, 1 ~ m u_# 111 U: 1-'ll- ''i Ker 11 ./.em - .-2... 'i '~' " "'i· 0; '~ "' * · 4 i' Mt' ' r-~~~TTi-- 746: !R> AT, .1 -Eae==~------···-tr~TI~I I 1 11' ,/411 8 4 il L.-1-Jil || | | .-4 - I ~ | |u || || f.rn' .======11 '1 11 11 11 11 11 ck'.==== =16 li jr-~i i E..9 1 11 11 11 IL------------- 26 11 It 11 n' Il 11 26 11 It 11 1.---'I 11 15=6=26 -=...........2646 /7hPROPOSED REVISED WEST ELEVATION ~~ C /1,/·. r./. ONE | g==9 --- ---- 1 RE,v/lorm: C.... i , 1 1 -=://I. OWNER /41004 Cl.2*31 r--1=1 i d LU I Ld : r-5 -/1 ../SLL 1 ----- 1 L. 12 ~ .JJ-- 11 IC====al 1 11 : 1: 21======1] 1 11 11 11 1 0.=01 11 11 17- -11 il 11 26 11 11 11 IL-------------1.11 26 1 1 J Il 11 Ir.------------ i i i i =Acat==26 Dth 0625.11 =============26 46 Prolact No: 2541,00 Drewr~ by: PIC rThEXISTING WEST ELEVATION Oiclad by. KHR ASI-000 UNIT 14 7/26/2017 R \PRJ\sOUTH ASPEN SREET- PIE 11\UPPER TRIPLEX\SAS PHA5E Il-UPPER TRIPLE(\SHEETS'*1-000 UNIT 14 RE¢,SONS-01.DWG © COPYRIGHT REV,10,80·1 1 IE 11 3SVHd~13~O OBRYAN PAJETNERSHIP, INC Exhibit A == ARCHIEC15-A-LA 11 1 - -*-- ' PL~N~~RS ---9.2/49*6-/1 ' ~· '~-Tt~-FE~ M--cip P. 0.00* 2773 620 'Uln Street Suites 1 1:1"1:1 1 1 .1. CD 8D443 ™: 970.660.1133 £ r----*W : . 4%,i,ti,. 1 ''Ill'll'll'lf-1~7-E t-Z--1 0 *@lip- I Fcc 970.6651316 r-:r- ' 1 13 1 £211121u~~ 151 FT'I '' a' [-11 11 1 -I.OP-Lcom 3 L/' ! 11 m L.1-1 1 f. 1 3 11 1 1 i 77- - 1 11 r-nlp-11 L:=====11 1 p n 'IF.I )11 1 2 b 11 1 1 11 L.4- --4 11 11 ? 1 1 FI-14 i: r--3-23~1732222-33,-________9.22111=jud i ~ t~LU.Ji~ 11 .---,1.1 1 Il , A ~~\PROPOSED REVISED SOUTW ELEVATION 1 1/ £ 7... . 1./ 1 =TV.U.• 4. 1 11 1=--8 11 7-1 Pi/4-21 1 . i ---773 TE1 , iwiia#: min 4~'1 Rev[,lor/: 1 11 ~ El ZE' -a OUNE'-418!ON r,r,J. i---- "4 ~ [I]440ku a,NE~ Re*IN •12*JI S ' -13 1 1 11 F!,1.1 1 110:=U?*Frin43::f·4 5 11 ---xr--7:1 '47 1&_'-;4 57 -1 & 29@799€"·7.I : 11 1 :1 t--'11 1 r-~-w-m31 il ,i · /F# IK C |1 |~ ~U ~2~uw *w d ,; . 25 11 ---7.-11,7=====11 11+ 1,/i 5, 1 ! 1 - ~ 1 I i 1 0-1 06/5.11 PlojectNI 2541" Dr/wn by: JITC /ThEXISTING SOUTH ELEVATION 0-lid br KAR ASI-001 UNIT 14 7/26/2017 R:\PRJ\SOITH ASPEN STREET- PHASE Il\UPPER TRIPLEX\SAS PHASE Il-UPPER TRIPLEX\SHEETS\AS!-001 Ill! 14 REY!51045-02.* ©M/¥"CHT UVISION~·02 113SVHd SV 3NO X31dIM1 2Ilddn Exhibit B Staff Findings A. Insubstantial Amendments. An insubstantial amendment to an approved Project Review or an approved Detailed Review may be authorized by the Community Development Director. An insubstantial amendment shall meet the following criteria: 1. The request does not change the use or character of the development. Staff Response: The enlargement of two windows does not change the nature of the approvals for the project. While both windows will get larger, the scale and proportion remain consistent with residential scale. The use of the development as multifamily residential remains unchanged by these requests. Additionally, these requests are minor and do not change the character Of the development. Stafffinds this criterion to be met. 2. The request is consistent with the conditions and representations in the project's original approval, or otherwise represents an insubstantial change. Staff Response: The requests do not change the floor area, size or other dimensional requirements associated with the project's original approva[, nor the approved roofform. Stafffinds the requests to be insubstantial in nature, andfor this criterion to be met. 3. The request does not require granting a variation from the project's allowed use(s) and does not request an increase iii the allowed height or floor area. Staff Response: The requests do not require a variationfrom the project's allowed uses nor an increase in the allowed height orfloor area. Stafffinds this criterion to be met. 4. Any proposed changes to the approved dimensional requirements are limited to a technical nature, respond to a design parameter that could not have been foreseen during the Project Review approval, are within dimensional tolerances stated in the Project Review, or otherwise represents an insubstantial change. Staff Response: No changes are being proposed to the project's approved dimensional requirements. Staff jinds this criterion to be not-applicable. 5. An applicant may not apply for Detailed Review i f an amendment is pending. Staff Response: The applicant has no need for or intention of applying for Detailed Review at this time. Staff jinds this criterion to be met. 1 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: -5cul-k 4 f.2» EA»e=1- GulxU\[1904- Aspen, CO STATE OF COLORADO ) ) SS. County of Pitkin ) I,.4«+ llc».-1 (name, please print) being or representing an Applicant to the City #@Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26.306.010 (ID of the Aspen Land Use Code in the following manner: 4 Publication ofnotice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. »U««-0 Signature The foregoing "Affidavit of Notice" was acknowledge~ before me this 5- day of C>6+Dbd- , 204-1, by prec-*e32.-„c-*. cu·« U PUBLIC NOTICE Of DEVELOPMENT APPROVAL WITNESS MY HAND AND OFFICIAL SEAL Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested properly right pursuant to the Land Use Code of the City of Aspen and Title My commission expires: 2!15 l 30 24, Article 68, Colorado Revised Statutes, pertain- ing to the following legally described propelly:South Aspen Street Townhomes Subdivision/Planned Development, situated in I Section 13, Township 10 South, Range 85 West of the 6th P.M., City of Aspen, County of Pitkin, 124* Aul- '4675- State of Colorado by order of the Community De- Notary Public velopment Director on September 5, 2017 via a Notice of Approval. Reception No. 641482. Sep .. .*. 4., tember 15, 2017. The Applicant received appro- val for an insubstantial Amendment to a Planned 1 Development to enlarge two windows on Unit KAREN REED PATTERSON 1 14.For further information contact Ben Anderson, r at the City of Aspen Community Development ATTACI]MENTS: NOTARY PUBLIC f , Dept. 130 S. Galena St, Aspen, Colorado,429- 2765: ben,anderson @cityofaspen.com. STATE OF COLORADO f s/ City of Afpen NOTARY ID #19964002767 1 ~ Publish in i he Aspen Times on October 5, 2017. (0000124171) COPY OF THE PUBLICATION My Commission Expires February 15,2020 . Janice K. Vos Caudill (jhTKIN Transaction Receipt Pitkin County Clerk and Recorder Print Date: 09/15/2017 02:24:05 PM 534 East Hyman Avenue GuNT,f Transaction #441220 Aspen, CO 81611 -- --- O/-1--\2 - Transaction Type: Recording (970)429-2716 Receipt #2017005139 Cashier: Patty Nadon Cashier Date: 09/15/2017 02:24:02 PM Number of Documents Recorded: 1 Reception#641482 - APPROVAL - 4pg(s) Recording Surcharge: $3.00 Recording Fee: $25.00 $28.00 Total Fees $28.00 Payment Received: Check #1179 $28.00 Change $0.00 Presented by: ASPEN CITY OF (COMM DEV) COMMUNITY DEVELOPMENT 130 S GALENA ST ASPEN, CO 81611 RETAIN FOR PERMANENT Rj ID 1 Exhibit 2.1 ----r ia.BiRety?PGrEN%- 99€7/y :42%?9* CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT I I Agreement to Pay Application Fees B c1 n 0066·20(1·AS UA %3 1 , An agreement between the City of Aspen ("City") and Property ASV Aspen Street Owner, LLC; c/o Phone No.: 925-2114 i - in 9 0 1./0. Owner ("19: Bald Mountain, LLC Email: temerson@baldmountainllc.com 2, MU 0 Address of Lots 1 and 2 Billing Todd Emerson Property: South Aspen Street Subdivision & PUD: Address: Bald Mountain, LLC ~ (Subject of Amended & Restated (send bills here) 132 W Main Street, Unit C ~ 1 application) Aspen Colorado 81611 I understand that the City has adopted, via Ordinance No., Series of 2011, review fees for Land Use applications and payment of these fees is a condition precedent to determining application completeness. I understand that as the properly owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to paythe following fees for the services indicated. I understand that these flat fees are non-refundable. flat fee for $ 9 flat fee for flat fee for $, g 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. Ihave 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 payadditional monthly billings tothe City to reimbursethe City forthe processing of myapplication at the hourly rates hereinafter stated. $ 1,300 ~ deposit for 4 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. $ 829 deposit for 1-- hours of Engineering Department staff time. Additional time above the deposit amountwill be billed at $325.00 per hour. City of Aspen: Propert4 Own 424 441* %12&*t U.1 4 Jessica Garrow, AICP Community Development Director Narne: Todd Etnerso~ 1-g-,4,&--'----.d~'~I~~-en ~~cj,t,~,~€.~. City Use: Title: Project Manager, Bald Mountaint LLC Fees Due: $ Received $ RETAIN FOR PERMANENT RECORD RECENED THE CITY oF ASPEN AUG 1 5 2017 Land Use Application Determination of Completeness CITY OF ASP c R COWUITY DEVELOP WEN \ Date: August 14.2017 Dear City of Aspen Land Use Review Applicant, We have received your land use application S. Aspen Street PD - Insubstantial Amendment (windows) 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. 1) Review deposit of $1,300.00. 2) One additional hard copy of the application. 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. T!12*You, CierAifer PLI.Jh. 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 ~,O Commercial E.P.F. Lodging CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Ben Anderson, 970.429.2765 DATE: August 10, 2017 PROJECT: South Aspen Street PD - Insubstantial PD Amendment REPRESENTATIVE: Chris Bendon, Chris@bendonadams.com , DESCRIPTION: The Applicant is interested in expanding the size of two windows on the west and south facades of Unit 14. The proposed change appears to be minor in nature and will be reviewed for consistency with the criteria for an Insubstantial Amendment. Land Use Code Section(s) - 26.304 Common Development Review Procedures 26.445.110.A Insubstantial PD Amendments Below are links to the Land Use Application form and Land Use Code for your convenience: Land Use App: Land Use Application Land Use Code: Land Use Code - Review by: Staff for completion and administrative review Public Hearing: None Planning Fees: 51,300 Deposit for 4 hours of staff time (additional planning hours are billed at a rate of $325/hour). Total Deposit: $ 1,300 Please submit the completed application to the Community Development Office on the Third Floor of City Hall: El Completed Land Use Application and signed fee agreement. m 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. I \ ASLU South Aspen PD Ihsubstantial PD Amendment Parcel ID No. 273713139001 and 004 1 , El 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. m HOA Compliance form (Attached) 0 A written description of the proposal and an explanation in written, grag ---1Hel form of how the proposed development complies with the review standards i RMhe development application and relevant land use approvals associated \*Ith (8*¥ prd»tty. O An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. £ 1 Complete Copy of all application materials. If the copy is deemed complete by staff, the following items will then need to be submitted: Il Total deposit for review of the application. Il a digital copy of all application materials 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 Mght. 130 SOUTH GALINA STREET · ASPEN, COLORADO 81611-1975 · PHONE 970.920.5000 · FAx 970.920.5197 2 www.aspenpitkin.com [Printed on Recycled Paper , ® BendonAdams August 4, 2017 RECEIVED Ms. Jennifer Phelan AUG 1 5 2017 Community Development Department City of Aspen CITY OF ASPEN 130 So. Galena St. MNIF DEVELOMEN , Aspen, Colorado 81611 -- - - - I. I RE: South Aspen Street Townhomes '*~ I - ~ :~~~~*a · -=a·NAU**L -Minor Amendment for window change on Unit #14 Ms. Phelan: ~ % 31: L.,~Mil.t-=p~ p Please accept this request to amend the approvals for the .m * , South Aspen Street Townhomes project to change two €, 4 J 'I' additional windows on Unit #14- one window on the west · /0.1 I . fagade and one window on the south fagade. This is the upper-most unit of the uppertriplex on Lot 2. Other window changes on this unit have been approved in the past. The requested window changes represent a similar aesthetic and are consistent with the project's overall design. The window facing west cannot be seen from the street. The south-facing window is visible from South Aspen Street but is setback roughly 25 feet and will have a minimal effect on the design. Both of these windows have the same width, with an increase in height from 4'-4" to 7'-2". Allother aspects of the project will remain unchanged. Please find plans detailing the proposed change. Please contact me with any questions or concerns: 925- 2855 or chris@bendonadams.com Attachments: Regards, 1. Review Criteria 2. Application Form & Agreement to Pay 3. HOA Form 4. Authorization to Represent 5. Proof of Ownership Chris Bendon, AICP 6. Vicinity Map Principal 7. Previously Approved Windows BendonAdams, LLC 8. Current Requested Window Changes 300 SO SPRING ST I 202 I ASPEN, CO 81611 970.925.2855 1 BENDONADAMS.COM Exhibit 1 Review Criteria A. Insubstantial Amendments. An insubstantial amendment to an approved Project Review or an approved Detailed Review may be authorized by the Community Development Director. An insubstantial amendment shall meet the following criteria: 1. The request does not change the use or character of the development. Response - The use and character of the project will remain the exact same. The larger windows will have a minimal effect on the project's design. One window is on the non-street- facing side. The window on the south facade issetback approximately 25 feet from the front- most wall of the home and will have minimal visibility from South Aspen Street. 2. The request is consistent with the conditions and representations in the project's original approval, or otherwise represents an insubstantial change. Response - The project, its conditions, and its expectations will remain unchanged. The amendment is limited to the two enlarged windows. 3. The request does not require granting a variation from the project's allowed use(s) and does not request an increase in the allowed height or floor area. Response - No changes to the project's uses or dimensions are proposed. The proposed windows are slightly larger, but this is not a regulated dimension. 4. Any proposed changes to the approved dimensional requirements are limited to a technical nature, respond to a design parameter that could not have been foreseen during the Project Review approval, are within dimensional tolerances stated in the Project Review, or otherwise represents an insubstantial change. Response - The request is limited to amending a minor project detail that could not have been foreseen during the review process. The close examination of the design by the purchasers led to this amendment. 5. An applicant may not apply for Detailed Review if an amendment is pending. Response - The project is fully entitled, under construction, and the amendment does not require application for Detailed Review. CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT ATTACHMENT 2 - LAND USE APPLICATION Exhibit 2 PROJECT: Name: South Aspen Street Townhomes Unit #14 Windows REC F 11/ED Location: Lots 1 and 2 South Aspen Street Subdivision Amended and Restated AUG 1 5 2017 Parcel ID # (REQUIRED) 2737 131 39 001 and -004 CITY OF p, _ N APPLICANT: CO&~Tr[EVE[OPMENT Name: ASV Aspen Street Owner LLC c/o Bald Mountain Development LLC Address: Todd Emerson, Project Manager; 132 West Main Street Suite C; Aspen, CO 81611 970-925-2114 Phone #: REPRESENTIVATIVE: BendonAdams Name: Address: 300 So. Spring St. #202; Aspen, CO 81611 970-925-2855 Phone#: CI] GMQS Exemption Fl Conceptual puD E Temporary Use 1 GMQS Allotment fx-1 Final PUD (& PUD Amendment) Special Review Subdivision E Conceptual SPA En ESA - 8040 Greenline, Stream 1~1 Subdivision Exemption (includes U Margin, Hallam Lake Bluff, Condominiumization) 0 Mountain View Plane U Final SPA (&SPA U Commercial Design Review ~ Lot Split Amendment) £ Residential Design Variance E-1 Lot Line Adjustment Fl Small Lodge Conversion/ Expansion D Conditional Use Other: EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) Free-Market residential unit PROPOSAL: (Description of proposed buildings, uses, modifications, etc.) Amend size of windows on west and south facades. Have you attached the following? FEES DUE: $ El Pre-Application Conference Summary [X] Attachment #1, Signed Fee Agreement £ Response to Attachment #3, Dimensional Requirements Form [X] Response to Attachment #4, Submittal Requirements - including Written Responses to Review Standards [~1 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. March, 2016 Citv of Aoen I 130 S. Galena St. I (970) 920 5050 ~ ',~h i bit 3 COMMUNITY DEVELOPMENT DEPARTMENT 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 siqned bv the property owner or Attorney representing the property owner. Name: ASV Aspen Street Owner LLC; c/o Bald Mountain Development, LLC ~ c Property Owner ("1"): Email: temerson@baldmountainllc.com Phone No.: 970.925.2114 Address of ~ ~ Property: Addresses tdb; Aspen, Colorado (subject of Lots 1 & 2, South Aspen Street Subdivision/PUD: Amended and Restated. application) I certify as follows: (pick one) ~ This property is not subject to a homeowners association or other form of private covenant. J This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. [3 This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. 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. 1 understand that this document is a public document. AW Asesc 'r1aBLK96 Owner signatur#F~~~;~~~. *L. 44#te: 8/4/9- -~-*WALAck at. dv Owner printed name: Todd Emerson, Project Manager or, Attorney signature: date: Attorney printed name: AUb t j Zul/ Exhibit 4 ® BendonAdams August 4, 2017 RECEIVE[ AUG 1 5 2017 CITY OF ASPEN Ms. Jennifer Phelan, AICP Community Development Deputy Director COMWUNnY DEA3(QUEN City of Aspen 130 So. Galena St. Aspen, Colorado 81611 RE: South Aspen Townhomes Ms. Phelan: Please accept this letter authorizing BendonAdams to represent our ownership interests in the South Aspen Street Townhomes project and act on our behalf on matters regarding the property. If there are any questions about the foregoing or if I can assist, please do not hesitate to call. Property: Lots 1 & 2, South Aspen Street PUD/Subdivision: Amended & Restated Owner: ASV Aspen Street Owner LLC; do Bald Mountain Development, LLC Kind Regards, . , 4#Jkw«unA· asecut i Br-r*252 9(,Awe'il-,-7*LM *EL Todd Emerson, Project Manager Bald Mountain Development, LLC 132 West Main Street Suite C Aspen, CO 81611 (970) 925-2114 temerson@baldmountainllc.com rd Exhibit 5 COMMITMENT for TITLE INSURANCE issued by rn TITLE COMPANY r'1111, of the rockies as agent for FIRST AMERICAN TITLE INSURANCE COMPANY Reference: Commitment Number: 0704905-C2 Commitment Ordered By: Inquiries should be directed to: Todd Emerson Susan Hass Bald Mountain LLC Title Company ofthe Rockies 132 W. Main St. Ste. C 132 W. Main Street, Suite B Aspen, CO 81611 Aspen, CO 81611 Phone: 970-385-2114 Fax: Phone: (970) 920-9299 Fax: (970) 920-5352 email: temerson@baldmountainllc.com Reference Property Address: TBD South Aspen Street, Aspen, CO 81611 SCHEDuLE A 1. Effective Date: February 16,2017,7:00 am Issue Date: March 06,2017 2. Policy (or Policies) to be issued: ALTA Owner's Policy (6-17-06) Policy Amount: Amount to be Detennined Premium: Amount to be Determined Proposed Insured: A Buyer to be Determined 3. The estate or interest in the Land described or referred to in this Commitment is: Fee Simple and Title to said estate or interest is at the Effective Date vested in: ASV Aspen Street Owner LLC, a Delaware limited liability company 4. The Land referred to in this Commitment is located in the County ofPitkin, State of Colorado, and is described as follows: FOR LEGAL DESCRIPTION SEE SCHEDULE A CONTINUED ON NEXT PAGE Alta Commitment - 2006 Schedule A LEGAL DESCRIPTION The Land referred to herein is located in the County of Pitkin, State of Colorado, and described as follows: Lots 1 and 2, SOUTH ASPEN STREET PUD/SUBDIVISION, according to the Plat thereof filed December 19,2014, in Plat Book 108 at Page 60. TO BE KNOWN AS: Unit , according to the Condominium Declaration for SOUTH ASPEN STREET PUD NORTH CONDOMINIUM, recorded , 2017, at Reception No. , and the Condominium Map recorded , 2017, at Reception No. NOTE: Upon compliance with Requirement No. 1 the legal description will be amended accordingly. Commitment No. 0704905-C2 Schedule B-1 Requirements COMMITMENT FOR TITLE INSURANCE SCHEDULE B - SECTION I REQUIREMENTS THE FOLLOWING ARE THE REQUIREMENTS TO BE COMPLIED WITH: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to wit: 1. Duly executed and acknowledged Condominium Map of South Aspen Street PUD North Condominium. 2. Duly executed and acknowledged Condominium Declaration for South Aspen Street PUD North Condominium. NOTE: The Company reserves the right to make additional requirements and/or exceptions upon review of the Plat and Declaration contemplated by Requirements No. 1 and 2. 3. Release by the Public Trustee of Pitkin County releasing subject property from the lien ofthe Deed of Trust from ASV Aspen Street Owner, LLC for the use of TPG RE Finance, LLC, to secure $75,000,000.00, dated May 22,2015, and recorded May 22, 2015, at Reception No. 620109. NOTE: Assignment of Leases and Rents recorded May 22,2015, at Reception No. 620110, given in connection with the above Deed of Trust. NOTE: Disburser's Notice by TPG RE Finance, LLC, recorded May 22, 2015, at Reception No. 620111. NOTE: Security interest under the Uniform Commercial Code affecting subject property, notice of which is given by UCC Financing Statement, from ASV Aspen Street Owner LLC, to TPG RE Finance, LLC, as agent, secured party, recorded May 22,2015, at Reception No. 620112. 4. Articles of Organization for ASV Aspen Street Owner LLC, a Delaware limited liability company, disclosing the names of all Managers of said limited liability company and otherwise complying with C.R.S. 7-80-101, et seq., as amended, and evidencing the existence of said limited liability company prior to the time it conveys title to subject property, must be filed in the office of the Secretary of State for the State of Delaware, but need not be recorded. 5. Resolution or Statement of Authority by ASV Aspen Street Owner LLC, a Delaware limited liability company, authorizing the transaction, executed by the managers or members set forth in the Operating Agreement. NOTE: Review Operating Agreement for authority of party(ies) to act on behalf of said limited liability company and complete the transaction contemplated herein. 6. Deed from ASV Aspen Street Owner LLC, a Delaware limited liability company to A Burer To Be Determined. Aim Commitment - 2006 Schedule B-I Requirements Commitment No. 0704905-C2 Schedule B-I Requirements (continued) NOTE: Duly executed real property transfer declaration, executed by either the Grantor or Grantee, to accompany the Deed mentioned above, pursuant to Article 14 of House Bill No. 1288-CRA 39-14-102. 7. Evidence satisfactory to the Company or its duly authorized agent that all dues and/or assessments levied by the Homeowners Association have been paid through the date of closing. 8. Evidence satisfactory to the Company or its duly authorized agent either (a) that the "real estate transfer taxes" imposed by Ordinance No. 20 (Series of 1979), and by Ordinance No. 13, (Series of 1990), of the City of Aspen, Colorado have been paid, and that the liens imposed thereby have been fully satisfied, or (b) that Certificates of Exemption have been issued pursuant to the provisions thereof. THE COMPANY RESERVES THE RIGHT TO CONDUCT AN ADDITIONAL SEARCH OF THE RECORDS IN THE OFFICE OF THE CLERK AND RECORDER FOR Pitkin COUNTY, COLORADO FOR JUDGMENT LIENS, TAX LIENS OR OTHER SIMILAR OR DISSIMILAR INVOLUNTARY MATTERS AFFECTING THE GRANTEE OR GRANTEES, AND TO MAKE SUCH ADDITIONAL REQUIREMENTS AS IT DEEMS NECESSARY, AFTER THE IDENTITY OF THE GRANTEE OR GRANTEES HAS BEEN DISCLOSED TO THE COMPANY. NOTE: THIS COMMITMENT IS ISSUED UPON THE EXPRESS AGREEMENT AND UNDERSTANDING THAT THE APPLICABLE PREMIUMS, CHARGES AND FEES SHALL BE PAID BY THE APPLICANT IF THE APPLICANT AND/OR ITS DESIGNEE OR NOMINEE CLOSES THE TRANSACTION CONTEMPLATED BY OR OTHERWISE RELIES UPON THE COMMITMENT, ALL IN ACCORDANCE WITH THE RULES AND SCHEDULES OF RATES ON FILE WITH THE COLORADO DEPARTMENT OF INSURANCE. Alta Commitment - 2006 Schedule B-! Requirements (continued) Commitment No. 0704905-C2 Schedule B-II Exceptions COMMITMENT FOR TITLE INSURANCE SCHEDULE B - SECTION II EXCEPTIONS Schedule B ofthe 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. Any loss or damage, including attorney fees, by reason of the matters shown below: 1. Any facts, rights, interests, or claims which are not shown by the Public Records but which could be ascertained by an inspection of said Land or by making inquiry of persons in possession thereof. 2. Easements or claims of easements, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey ofthe Land. 4. Any lien, or right to a lien for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any created, first appearing in the Public Records or attaching subsequent to the effective date hereof, but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 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 August 26, 1949, in Book 175 at Page 298. 8. Restrictions, which do not contain a forfeiture or reverter clause, as contained in instrument recorded July 26, 1978, in Book 351 at Page 940, Book 351 at Page 942 and Book 351 at Page 944. 9. Terms, agreements, provisions, conditions and obligations as contained in Lease Agreement Between John H. Roberts, Jr. and the Aspen Skiing Company, a Colorado general partnership, recorded December 2,1985, in Book 500 at Page 605, as amended by instrument recorded October 21,2014, at Reception No. 614729. 10. Resolution No. 3 ( Series of 2001 ) recorded February 15,2001, at Reception No. 451526. 11. Ordinance No, 32 ( Series of 2003 ) recorded August 4,2003, at Reception No. 486407. 12. Notice Of PUD Designation as contained on Page 8 in Ordinance No. 27 ( Series of 2007 ) recorded August 8,2007, at Reception No. 540761. 13. Amended and Restated Subdivision/PUD Agreement for South Aspen Street Subdivision/PUD recorded December 19,2014, at Reception No. 616165, as amended by instrument recorded July 1, Alla Commitmenl - 2006 Schedule B-II Exceptions Commitment No. 0704905-C2 Schedule B-Il Exceptions (continued) 2016, at Reception No. 630425.. 14. Easements, rights of way and all other matters as shown on the Plat of South Aspen Street PUD/Subdivision, filed December 19, 2014, in Plat Book 108 at Page 60 as Reception No. 616166. 15. Notice of PUD Designation recorded July 10,2007, at Reception No. 539750, August 8,2007, at Reception No. 540693 and November 12,2007, at Reception No. 543983. 16. Contribution Agreement recorded August 2,2007, at Reception No. 540625. 17. Resolution No. 96 (Series of 2009) by the Aspen City Counsel recorded April 1, 2010, at Reception No. 568178. 18. Resolution No. 68 (Series of 2012) by the Aspen City Counsel recorded August 21,2012, at Reception No. 591518. 19. Resolution No. 18 (Series of 2012) by the City of Aspen Planning and Zoning Commission recorded October 22, 2012, at Reception No. 593257. 20. Ordinance No. 23 (Series of 2013) by the City of Aspen City Council recorded December 2,2013, at Reception No. 606010. 21. Terms, agreements, provisions, conditions and obligations as contained in Cost Sharing And Licence Agreement recorded August 18,2015, at Reception No. 622523. 22. Terms, agreements, provisions, conditions and obligations as contained in Notice Of Approval recorded April 21,2016, at Reception No. 628736. 23. Terms, agreements, provisions, conditions and obligations as contained in Notice OfApproval recorded July 1,2016,at Reception No. 630424. 24. Easement and right of way for underground electric transmission or distribution line and related appurtenances, as granted by ASV Aspen Street Owner LLC to Holy Cross Energy, a Colorado corporation, by instrument recorded August 12,2016, at Reception No. 631392, said easement being more particularly described therein. 25. Terms, agreements, provisions, conditions and obligations as contained in Trench, Conduit, And Vault Agreement recorded August 8, 2016, at Reception No. 631249. 26. Terms, agreements, provisions, conditions and obligations as contained in Agreement For Temporary Construction Easement And Subsurface Encroachment Easement recorded December 29, 2016, at Reception No. 635044. 27. Easements, rights o f way and all other matters as shown on the Condominium Map of South Aspen Street PUD North Condominium, recorded 2017, at Reception No. 28. Those covenants, conditions, obligations, easements and restrictions which are a burden to the Condominium Unit described in Schedule A, and set forth in the Condominium Declaration for South Aspen Street PUD North Condominium, recorded 2017, at Reception No. Alta Commitment - 2006 Schedule B-II Exceptions (continued) Commitment No. 0704905-C2 Schedule B-11 Exceptions (continued) Alta Commitment - 2006 Schedule B-Il Exceptions (continued) DISCLOSURE STATEMENTS Note 1: Colorado Division of Insurance Note 5: Pursuant to C.R.S. §10-11-123 Note 10: Pursuant to Regulation 3-5-1 Regulations 3-5-1, Paragraph C of Article VII, Notice is hereby given. Section 9 (G) notice is hereby given that requires that (a) If there is recorded evidence that a mineral "Until a title entity· receives written "Every Title entity shall be responsible for estate has been severed, leased or other*ise instructions pertaining to the holding of all matters which appear of record prior to the conveyed from the surface estate then there fiduciary funds, in a form agreeable to the title time of recording whenever the Title entity is a substantial likelihood that a third party entity, it shall comply with the following conducts the closing and is responsible for holds some or all interest in oil, gas, other 1. The title entity shall deposit funds into an recording or filing of legal documents minerals, or geothermal energy in the escrow, trust, or other fiduciary account resulting from the transaction which was property, and and hold thein in a fiduciary capacity. closed." (Gap Protection) (b) That such mineral estate may include the 2. The title entity shall use any funds right to enter and use the property without designated as 'earnest money for the the surface owner's permission. consummation of the transaction as Note 2: Exception No. 4 of Schedule B, evidenced by the contract to buy and sell Section 2 ofthis Commitment may be deleted Note 6: Effective September 1, 1997, C.R.S real estate applicable to said transaction, from the Owner's Policy to be issued §30-10-406 requires that all documents except as otherwise provided in this hereunder upon compliance with the received for recording or filing in the clerk section. If the transaction does not close, following conditions and recorder's office shall contain a top the title entity shall: A. The Land described in Schedule A of this margin of at least one inch and a left, right a. Release the earnest money funds as commitment must be a single-family and bottom margin of at least one-half inch directed by written instructions signed residence, which includes a condominium the clerk and recorder may refuse to record or by both the buyer and seller; or or townhouse unit. file any document that does not conform. b. If acceptable written instructions are not B. No labor or materials may have been received, uncontested funds shall be furnished by mechanics or materialmen for Note 7: Our Privacy Policy: held by the title entity for 180 days from pitrpose ofconstruction on the Land We will not reveal nonpublic personal the scheduled date of closing, after described iii Schedule A of this customer information to any external which the title entity shall return said Commitment within the past 13 months. non-affiliated organization unless we have funds to the payor. C. The Company must receive an appropriate been authorized by the customer, or are 3. In the event of any controversy regarding affidavit indemnifying the Company required by law. the funds held by the title entity against unfiled mechanic's and (notwithstanding any termination of the materialmen's liens. Note 8: Records contract), the title entity shall not be D, Any deviation from conditions A though C Regulation 3-5-1 Section 7 (N) provides that required to take any action unless and until above is subject to such additional each title entity shall maintain adequate such controversy is resolved. At its option requirements or Information as the documentation and records sufficient to show and discretion, the title entity may Company may deem necessary, or, at its compliance with this regulation and Title 10 a. Await any proceeding: or option, the Company may refuse to delete of the Colorado Revised Statutes for a period b. Interplead all parties and deposit such the exception. of not less than seven (7) years, except as funds into a court of competent E. Payment of the premium for said coverage. otherwise permitted by law. jurisdiction, and recover court costs and reasonable attorney and legal fees; or Note 9: Pursuant Regulation 3-5-1 Section 9 c. Deliver written notice to the buyer and Note 3: The following disclosures are hereby (F) notice is hereby given that seller that unless the title entity receives made pursuant to §10-11-122, C.R.S. "A title entity shall not earn interest on a copy of a summons and complaint or (i) The subject real property may be located in fiduciary funds unless disclosure is made to claim (between buyer and seller), a special taxing district; all necessary parties to a transaction that containing the case number of the (ii) A certificate of taxes due listing each interest is or has been earned. Said disclosure lawsuit or lawsuits, within 120 days of taxing jurisdiction shall be obtained from must offer the opportunity to receive payment the title entity's written notice delivered the County Treasurer or the County of any interest earned on such funds beyond to the parties, title entity shall return the Treasurer's authorized agent; and any administrative fees as may be on file with funds to the depositing party." (iii) Information regarding special districts the division, Said disclosure must be clear and the boundaries of such districts may be and conspicuous, and may be made at any obtained from the County Commissioners, time up to and including closing. " the County Clerk and Recorder, or the Be advised that the closing agent will or County Assessor. could charge an Administrative Fee for processing such an additional services request Note 4: If the sales price of the subject and any resulting payee will also be subjected property exceeds $ 100,000.00, the seller shall to a W-9 or other required tax documentation be required to comply with the disclosure or for such purpose(s). withholding provisions of C.R.S. Be further advised that, for many §39-22-604.5 (Non-resident withholding). transactions, the imposed Administrative Fee associated with such an additional service may exceed any such interest earned. Therefore, you may have the right to some of the interest earned over and above the Administrative Fee, if applicable (e.g., any money over any administrative fees involved in figuring the amounts earned). Disclosure Statements 2 ~ FirstAmerican Title™ -#t,7'-N- 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 ati 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: 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. 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)00, 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 ofan 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 Exhibit 6 Vicinity Map South Aspen Townhomes Lot 1 Lot 2 f -8 H[109 Ye.y Gallery e f r»t Otha Red Onion 0 . . 6 6 04**«A.e EL,~» g e.V 2. ELL. 4, 1 e -··; A,.,. I.: 212 8 2 n... - Belly up I JU&(,1 65. E»,411 4 4 6 0.7,- - Ata The St. Regis Adventure, A, Aspen Resort 6,5 1 4 ~ 6'te,; b Aspe 7. 4 Asper, Mougtairi 4 Ski Resort Aspen. » fi - -2 t . . 2 - ......1.16: /0/ 2 21 0 Ar. rtle Am/n Condo Rental ~Z ~ 4.t'.9.'4¥ s ==12 - e U 1 Il m, F f./.1, m.' 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