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HomeMy WebLinkAboutlanduse case.AP.970 Cemetery Ln.0025.2018.ASLU0025.2018.ASLU 970 CEMETERY LANE BOUNDRY LINE ADJUSTMENT -QU L(1� PATH: G/DRIVE / MASTER FILES/ADMINISTRATIVE/ADMIN/LANDUSE CASE DOCS THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0025.2018.ASLU PARCEL ID NUMBERS 2735 12208006/273512219800 PROJECT ADDRESS 970 CEMETERY LANE AND 1335 SNOWBUNNY LANE PLANNER JENNIFER PHELAN CASE DESCRIPTION BOUNDRY LINE ADJUSTMENT REPRESENTATIVE CHRIS BRYAN /BART JOHNSON GARFIELD/HECHT PC DATE OF FINAL ACTION 03.09. 2017 CLOSED BY ANGIE SCOREY 12/21/2018 permits cao2-5 2© " .F),:-�> LIA - o X File Edit Record Navigate Form Reports Format Tab Help j VX V try ! `rr. [' . . Wn jump 1 r Li) ClearAU JU flrTtain Custom Fields Routing Status Fee Summary Actions Routing History Permittrpe aslu : sFen Lan-- Use Permits Address 57C CEME-ER` Ltd ApktSuite °o City .t:.SPErd State CO Zip 1'=11 0 Permit Information Master permit Routing queue Applied n z Project Status Eencinc Approved 0 `0 Description Submitted HEICI BERTH0F 19'_ XE.12 Clock Runninc Days F Submitted via O,,%,ner Issued Closed/Final Expires Last name BERTHOLF HEICI rd RLIS—EE I First name PO BOX 1ES ASPEN CO 81612 Phone i - Address Applicant 0 Owner is applicant? ❑ Contractor is applicant? Last name BERTHOLF HEICI t.1—RUS-EE First name PO BO:-\ tc` :�PEF1 CO E1"c1� Phone ( ) - Cust '1CCC Address : Email Lender Last name First name Phone ( - Address AspenGald5 (�,, angelas �il of cry -W -Zaq 4 ((,25.00 \300 ' ©6 VE,�f ) �325" 0`D BOUNDARY LINE ADJUSTMENT PLAT LOT 3 & LOT 15, BLOCK 1— SNOWBUNNY SUBDIVISION SITUATED IN SECTIONS 1 & 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST, 6TH P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO THE PURPOSE OF THIS LOT LINE ADJUSTMENT PLAT IS TO TRANSFER 608 SQUARE FEET OF LAND FROM LOT 15 TO LOT 3 AS SHOWN HEREON. SNo w'eZ[NNY LANE TITLE CERTIFICATE -LOT 3 - POLi.R DF xc t! uNiNc_J� 3B0 pjwr Ila.m _ ,M vaonw,m.. w.r,umr�o �xetN„T..a - --�=mo:om.,vxs xEsutnFtt Lor2s _ __ NNowCo-wx.<oe..RR. �r�.,N,.e 4so...Rro„�R.o�xe:s,... LOT 16 !BLOCK LOT 2 COT2 Rx nRSTAMLJD111 GE 31 LOT 3 I2,2B05Q.Fr ORIGINAL �rw.wwasrw �I 22,789 SQ.FF.. ROULTE" I_ ..LOT 3 YER LOOT UM ACLSUSTHFYT-\ `��� yo,IP tL LOT' 15 2 a,9393Q.FT.-16RJAL L a,2iL SQ.tT. -RESUL ttN6 1 OCONIkkItNILIM MAY OF sour vux COAA,ONLu:uMS vurRoa; ra r+aeF 3a. e, se,b �4 k TRA.- "M"aR,CELJ POtNT OFRFGiNNING xsaar N.avrn ue arose. � F �4 ,ae~ LOT 4 „a,ewor rh VICINITY MAP um LOT 15 - RESULTING PROPERTY DESCRIPTION $ OWNER'S ACKNOWLEDGEMENT (LOT 3) a LOT 14 r LOT 3 - RESULTING PROPERTY DESCRIPTION x"YrsrxA„a, OWNER'S ACKNOWLEDGEMENT (L0715) ie, w.e°n,%:aw, of eeaww sw>reatm woco.,wa u.+.e o�"ixir, K«Rornm�N,o,.wrve TRANSFER PARCEL s,.hacaam.se Mwaa.ro+o �.c..w.a..rc"�.Nr uxamM }e" ,�.ow,o.r. we Nmn,ew,ust,w"w awm.. w / S NAnK Mrow'a��aN",G Ym HCs uw cdrt sP+W ie, "incw�[miKveN Wn'mmE LOT 11 PLAT NOTES: -ue9 OWNER'S ACKNOWLEDGEMENT (LOT 15) o,w,w Nero., .uw.n.., cro lNmvuRaw," iF rt10N wsrc �� t�,,.,,, w,tasurvtv.,ucm>r�NNemrcm,,. 6.9e ��� wa e0wunv.w.nvsrNem,s R,mnn mvw uv ntuw.rxnvwma NO "xNt row.. ca,P:waw nwm.Wx,A,owtAwmc su,tv avAnwu„u1A", MGem wrNwwNxsmc. w,nw c„sauwn4 Mx. /, '�- COMMUNITY DEVELOPMENT DIRECTOR APPROVAL SURVEYOR'S CERTIFICATE r—LOJ l09LR LOT LtlJF A9JYSSHF // OF lOtt 3610, e1[N.Y 3. NT u<acia wx,wt ana �t!a_i4_w�r a SNOMBIMNYSUB9IVLStDN PIATM.m%6)MGE 9L ,MNi,wur xuss wm ggxseoet.,xt era"or c.osuu ix v¢ue..rs % / E.iVYIA/nA./ LPce,agxa,aa uzs,nu, ux0.c wrmMsS,xusd.�xnvt sn ur �s�L nervR NmsMt>�a "�"oara u. CM ENGINEERING DEPARTMENT REVIEW LOT 10 HEIDI M. BERTHOLF SEAL J� CLERK AND RECORDER'S CERTIFICATE BOUNDARY LINE ADIUSTMES LOT 3, BLOCK 3 - SNOWBUNNY SU. Litt Of ASPEN -COUNTY OfYITKIN -STATE -rs TRUE NORTH TRUE" DRTRC RR R m ro COLD R�AMO A LAND SURVEYING A PIING COM h ^' av os4 - x N.PwB YROlER N0: 2017'177 ,y DATE: NNE 1, ao�8 RECEIVED MAY 0 2 2018 CITY COMM F�NT Date: May 2, 2018 7L7 THE CITY OF ASPEN Land Use Application Determination of Completeness Dear City of Aspen Land Use Review Applicant, J CHI ry/yy�C�R,Y OF ASPEN We have received your land use application for 970 Cemetery Lane, Boundary Line Adjustment 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. 1) Digital pdf of the entire application (via thumb drive, emailed files, or file sharing) 2) Review deposit of $1,625.00 3) 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. Tha You. (A O ennifer Ian, Deputy Planning Director City of Aspen, Community Development Department For Office Use Only: Mineral Rights Notice Required Yes No_x_ GMQS Allotments Yes No Qualifying Applications: New PD Subdivision, or PD (creating more than 1 additional lot) Residential Affordable Housing Commercial E.P.F. Lodging JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, Land Title, LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company and Meridian Land Title, LLC, as agents for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: • applications or other forms we receive from you, including communications sent through TMX, our web -based transaction management system; • your transactions with, or from the services being performed by us, our affiliates, or others; • a consumer reporting agency, if such information is provided to us in connection with your transaction; and • The public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates and non -affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: • We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. • We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. • Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. • We regularly assess security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows: Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Commitment For Title Insurance Issued by Old Republic National Title Insurance Corporation NOTICE IMPORTANT —READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON.. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I —Requirements; Schedule B, Part II —Exceptions; and the Commitment Conditions, Old Republic National Title Insurance Company, a Minnesota corporation (the "Company"), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I —Requirements have not been met within 6 months after the Commitment Date, this Commitment terminates and the Company's liability and obligation end. COMMITMENT CONDITIONS 1. DEFINITIONS (a) "Knowledge" or "Known": Actual or imputed knowledge, but not constructive notice imparted by the Public Records. (b) "Land": The land described in Schedule A and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (c) "Mortgage": A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law. (d) "Policy": Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (e) "Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. (f) "Proposed Policy Amount": Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (g) "Public Records': Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (h) "Title": The estate or interest described in Schedule A. 2. If all of the Schedule B, Part Requirements have not been met within the time period specified in the Commitment to Issue Policy, Comitment terminates and the Company's liability and obligation end. 3. The Company's liability and obligation is limited by and this Commitment is not valid without: (a) the Notice; (b) the Commitment to Issue Policy; (c) the Commitment Conditions; (d) Schedule A; (e) Schedule B, Part I —Requirements; and (f) Schedule B, Part II —Exceptions; and (g) a counter -signature by the Company or its issuing agent that may be in electronic form. 4. COMPANY'S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY (a) The Company's liability under Commitment Condition 4 is limited to the Proposed Insured's actual expense incurred in the interval between the Company's delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured's good faith reliance i. comply with the Schedule B, Part I —Requirements; ii. eliminate, with the Company's written consent, any Schedule B, Part II —Exceptions; or iii, acquire the Title or create the Mortgage covered by this Commitment. (b) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (c) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. (d) The Company's liability shall not exceed the lesser of the Proposed Insured's actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. (e) The Company shall not be liable for the content of the Transaction Identification Data, if any. (f) In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I —Requirements have been met to the satisfaction of the Company. (g) In any event, the Company's liability is limited by the terms and provisions of the Policy. 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT (a) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. (b) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment. (c) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (d) The deletion or modification of any Schedule B, Part II —Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (e) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. (f) When the Policy is issued, all liability and obligation under this Commitment will end and the Company's only liability will be under the Policy. 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company's agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company's agent for the purpose of providing closing or settlement services. 6. PRO -FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro -forma policy illustrating the coverage that the Company may provide. A pro -forma policy neither reflects the status of Title at the time that the pro -forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at http:/Av".alta.org/arbitration. IN WITNESS WHEREOF, Land Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. Issued by: .fz'�•+ Old Republic National Title Insurance Company, a Stock Land Title Guarantee ; : `pX% *4e j.V�'+, Company Company 400 Second Avenue South 3033 East First Avenue Suite Minneapolis, Minnesota 55401 600 , (612)371-1111 Denver, Colorado 80206 303-321-1880 Mark Bilbrey, President President Rande Yeager, Secretary This page is only a part of a 2016 ALTA@ Commitment for Title Insurance issued by Land Title Insurance Corporation. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part [—Requirements; and Schedule B, Part II —Exceptions; and a counter- signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) 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. RECEIVED APR 2 5 2018 CITY OF ASPEN City of Aspen COW" DE1f OMNT Community Development Department 130 S. Galena Street Aspen, CO 81611 April 25, 2018 Authorization to Act as Agent for Land Use Application Dear Sir or Madam: This letter is written to inform you that I, on behalf of myself and as Trustee of the Heidi M. Bertholf Qualified Personal Residence Trust Agreement U/D/T Dated December 7, 1999, F/B/O Heidi M. Bertholf, Christopher F. Bertholf, Michele M. Bertholf and Nicole R. Bertholf, authorize the firm of Garfield & Hecht, P.C., including attorneys Christopher D. Bryan and Mary Elizabeth Geiger, to represent myself and the Trust in association with land use applications to the City of Aspen concerning the Trust's property at 970 Cemetery Lane, Aspen, CO 81611, including but not limited to, submitting and proceeding with an application for a boundary line adjustment. Your department is authorized to communicate with the Garfield & Hecht, P.C. regarding all matters concerning this property. Sincerely, Heidi Bertholf 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 signed by the property owner or Attorney representing the property owner. Name: Heidi M. Bertholf, Trustee Heidi M. Bertholf Qualified Personal Residence Trust Property Agreement U/D/T Dated December 7 1999 F/B/O Heidi M. Bertholf, Christopher F. Bertholf, Owner ("I" y Michele M. Bertholf and Nicole R. Bertholf E-mail: megeiger(@garfieldhecht.com Phone No.: (970) 925-1936 Address of Property: (subject of application) 970 Cemetery Lane, Aspen, CO 81611. I certify as follows: (pick one) ■ This property is not subject to a homeowners association or other form of private covenant. ❑ 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. ❑ 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. I understand that this document is a public document. Owner signature: date: Owner printed name: or, Attorney signature: 464 date: ZS Attorney printed name: _N1aw G�i1gC'� CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Hillary Seminick, 970.429.2741 DATE: December 6, 2017 PROJECT: 970 Cemetery Lane and 1333/1335 Snowbunny Lane DECEIVED REPRESENTATIVE: Chris Bryan and Bart Johnson, respectively REQUEST: Subdivision, Boundary Adjustment APR 2 5 2018 DESCRIPTION: CITY OF ASPENProposal: The co -applicants are interested in pursuing a lot line adjustment. The boundar�i'ac1tRh7s i WKued to address encroachment issues on 1333/1335 Snowbunny Lane, which will result in a portion of land being conveyed from 1333/1335 Snowbunny Lane to 970 Cemetery Lane. Both properties lie within the R-15 Zone District and both parcels must comply with the dimensional requirements of the R-15 Zone District. The boundary adjustment shall not result in a non -conformity within the Land Use Code. Review Process: A Boundary Adjustment is required to change the lot line between the two contiguous parcels. The application shall include all the materials outlined in 26.480.080, Subdivision Application Contents, as applicable. The application will address the standards in Section 26.482.050.C, Boundary Adjustment and the review criteria in Section 26.480.030, Procedures for Review. Below are links to the Land Use Application form and Land Use Code for your convenience: Land Use App: htto://www.asDenDitkin.com/Portals/0/docs/Citv/Comdev/AppS%20and%20Fees/2013%201and%20use%20a pp%20form.pdf Land Use Code: htto://www.asDenDitkin.com/Departments/Communitv-Develoi)ment/Planninq-and-Zoning/Title-26-Land-Use- r.n(iPr Applicable Land Use Code Sectionls 26.304 Common Development Review Procedures 26.480.030 Procedures for Review 26.480.050.0 Administrative Subdivisions, Boundary Adjustment 26.480.080 Subdivision Application Contents 26.710.040 Moderate -Density Residential (R-15A) Review by: Staff for complete application Staff for recommendation Referrals: Engineering, Utilities Community Development Director for approval Public Hearing: NA ASLU Subdivision, Boundary Adjustment 970 Cemetery Lane and 1333/1335 Snowbunny Lane 273512208006/ 273512219800 RECEIVE., Neighborhood Outreach: No MAY 0 2 2018 Planning Fees: $1,300 for 4 hours of staff time. CITY OF ASPEN Referral Fees: Engineering - $325 for 1 hour of staff time. 'NAY XALO M N Total Deposit: $1,625 (additional planning hours over deposit amount are billed at a rate of $325/hour; additional engineering hours over deposit are billed at a rate of $325/hour) To apply submit the following information (apply to both options unless otherwise noted): ❑ Completed Land Use Application and signed fee agreement. ❑ Pre -application Conference Summary (this document). ❑ 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. ❑ 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. ❑ HOA Compliance form (Attached) ❑ A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application and relevant land use approvals associated with the property. Building elevations, plans and renderings are required. ❑ Written responses to applicable review criteria. ❑ An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. ❑ A signed, stamped draft plat by a licensed Colorado surveyor depicting the lot line adjustment consistent with Title 29 — Engineering Design Standards, Plats. ❑ 1 Complete Hard Copy. If the copy is deemed complete by staff, the following items will then need to be submitted: ❑ One Additional, Complete Hard Copies. ❑ Total deposit for review of the application. ❑ 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. O 1-1 z,��oCY -j CY o I.Zz U S L � O � r2 YLI CA C C:) z C) WZO 2M zVi v jr "Nmp , M z '4"R �s MGM Agreement to Pay Application Fees An agreement between the City of Aspen ("City") and Address of Property: 970 Cemetery Lane, Aspen, CO 81611 0OZ5• ZDF0 m Please type or print in all caps Property Owner Name: Heidi M. Bertholf, Trustee, the Representative Name (if different from Property Owner) Mary Elizabeth Geiger and Heidi M. Bertholf Qualified Personal Residence Trust Christopher D. Bryan of Garfield & Hecht, P.C. Agreement U/D/T Dated December 7, 1999, F/B/O Heidi M. Bertholf, Christopher F. Bertholf, Michele M. Bertholf and Nicole R. Bertholf Billing Name and Address - Send Bills to: Christopher D. Bryan, Garfield & Hecht, P.C., 625 E. Hyman Ave., Suite 201, Aspen, CO 81611 Contact info for billing: e-mail: megeiger@garfieldhecht.com Phone: (970) 947-1936 x 813 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. $. $1625.00 flat fee for Boundary Line Adjustment $. 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. I have 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. 1 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, I 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. $ 13 CT deposit for hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. $ 74_ t� deposit for 1 hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. City of Aspen: City Use: / t7 Fees Due: $ ✓ Received $�• Jessica Garrow, AICP Case Community Development Director November 2017 City of Aspen 1 130 S. Galena St. 1 (970) 920 5090', THE CITY of ASPEN Land Use Application Determination of Completeness Date: April 27, 2018 Dear City of Aspen Land Use Review Applicant, seo+ V a 0419, RECEIVED MAY 0 2 2018 CITY OF ASPEN COMML"TY DEVELOPMENT We have received your land use application for 970 Cemetery Lane, Boundary Line Adjustment and have reviewed it for completeness. Ll Your Land Use Application is incomplete: Please submit the following missing submission items. ❑ Signed letter of authorization from the property owner(s) of Lot 15 (1333/1335 Snowbunny Lane) for the application. ❑ An 8 1/2" x 11" vicinity map locating the parcel within the City of Aspen. 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, Jus m Barker, Senior Planner City of Aspen, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required New PD Yes No_ Subdivision, or PD (creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes No—�Z Commercial E.P.F. Lodging RECEPTION#: 646545, R: $28.00, D: $0.00 DOC CODE: ORDER Pg 1 of 4, 04/12/2018 at 04:09:00 PM Janice K. Vos Caudill, Pitkin County, CO DISTRICT COURT, PITKIN COUNTY, COLORADO Court Address: 506 East Main, Suite E, Aspen, CO, 81611 Plaintiffs) HEIDI M BERTHOLF TRUSTEE ED: March 27, 2018 10:16 AM CASE NL MBER: 2017CV30094 V. Defendant(s) DENISON S LEVY et al. Q COURT USE ONLY Q Case Number: 2017CV30094 Division: 5 Courtroom: Order: Proposed Quiet Title Decree The motion/proposed order attached hereto: SO ORDERED. Issue Date: 3/27/2018 CHRISTOPHER GILES SELDIN District Court Judge 01STRIC1, COURT OF PITK.IN COUNM COLORADO CertiCad to he a fun, hveasd correct copy of the origins► iy q ruy custody, Dated: � c� �i 3 o Clerk/Deputy: �l� i 41 A�1 !,, i� of •^�'^.r• ".. " RECEIVED APR 27 2018 CITY OF ASPEN COMMUNITY DEVELOPMENT Pagel oft A DISTRICT COURT, PITKIN COUNTY, COLORADO 506 East Main Street, Ste. 300 Aspen, Colorado 81611 PLAINTIFF: HEIDI M. BERTHOLF, TRUSTEE, THE HEIDI M. BERTHOLF QUALIFIED PERSONAL RESIDENCE TRUST AGREEMENT, U/D/T DATED DECEMBER 7`n, 1999, F/B/O HEIDI M. BERTHOLF, CHRISTOPHER F. BERTHOLF, MICHELE M. BERTHOLF AND NICOLE R. BERTHOLF V. DEFENDANTS: DENISON S. LEVY, KATHRYN I. MASTER, and SOLARPLEX CONDO ASSOCIATION QUIET TITLE DECREE ♦ COURT USE ONLY Case Number: 2017CV30094 Div.: Ctrm.: THIS MATTER, having come before the Court in a civil action commenced by Plaintiff, Heidi M. Bertholf, Trustee, The Heidi M. Bertholf Qualified Personal Residence Trust Agreement, u/d/t dated December 7`n, 1999, f/b/o Heidi M. Bertholf, Christopher F. Bertholf, Michele M. Bertholf and Nicole R. Bertholf ("Plaintiff') seeking to quiet title by adverse possession, and the Court, having reviewed the file in this matter, including the Amended Complaint and the Answer to Amended Complaint and Disclaimer, and having entered Judgment; and having otherwise fully advised itself of the premises, HEREBY DECREES AS FOLLOWS: That Defendants Denison S. Levy, Kathryn I. Master and SolarPlex Condo Association (collectively, "Defendants") have been properly served as required by law and rule of the Court; 1754294-2 Pitkin County District Court Case No. 2017 CV 30094 Heidi M. Bertholf, Trustee, The Heidi M Bertholf Qualified Personal Residence Trust Agreement, add/t dated December 7111, 1999, f/b/o Heidi M. Bertholf, Christopher F. Bertholf, Michele M. Bertholf and Nicole R. Bertholf v. Denison Levy, et al. QUIET TITLE DECREE Page 2 that this is an action in rem affecting specific real property in Pitkin County, Colorado; that the Court has jurisdiction over all parties to this action and of the subject matter thereof; that the allegations concerning title to the affected real property set forth in Plaintiff's Amended Complaint are true; that Judgment quieting title to the affected real property in Plaintiff has been duly entered; that Defendants have each and all disclaimed any interest in the affected real property and are therefore barred from making any claim to possession or title to the same; and that no party herein other than Plaintiff has any title in or to the property described herein or any part thereof. IT IS ADJUDGED AND DECREED THAT Plaintiff is the owner in fee simple with right to possession of the following real property situate in Pitkin County, Colorado, and described as a parcel of real property ("Subject Property") of approximately 608 square feet that exists along the lot line between Lots 3 and 15, Block 1, Snowbunny Subdivision. The Subject Property is legally described as follows: THE PARCEL DESCRIBED HEREIN IS .LOCATED ON THE BOUNDARY LINE BETWEEN LOT 3 AND LOT 15, BLOCK 1 OF THE SNOWBUNNY SUBDIVISION, CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO A PARCEL OF LAND SITUATED IN THE NW 1/4 OF SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH PRINCIPAL MERIDIAN, LYING WITHIN THE FIRST AMENDED CONDOMINIUM MAP OF SOLAR PLEX CONDOMINIUMS RECORDED IN PLAT BOOK 70 AT PAGE 30 IN THE PITKIN COUNTY CLERK AND RECORDER'S OFFICE, CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO, SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID FIRST 1754294-2 Pitkin County District Court Case No. 2017 CV 30094 Heidi M Bertholf, Trustee, The Heidi Al. Bertholf Qualified Personal Residence Dust Agreement, u/d/t dated December 7"', 1999, f/b/o Heidi Af. Bertholf, Christopher F. Bertholf, Michele M Bertholf and Nicole R. Bel7holf v. Denison Levy, el al. QUIET TITLE DECREE Page 3 AMENDED CONDOMINIUM MAP OF SOLAR PLEX CONDOMINIUMS BEING A REBAR AND 1-1/4" YELLOW PLASTIC CAP LS9184; THENCE N61 °07'00"W ALONG THE SOUTHERLY BOUNDARY OF SAID FIRST AMENDED CONDOMINIUM MAP OF SOLAR PLEX CONDOMINIUMS A DISTANCE OF 92.20 FEET TO A POINT IN AN EXISTING WOOD FENCE; THENCE LEAVING SAID SOUTHERLY BOUNDARY N53022'23"E ALONG SAID EXISTING WOOD FENCE A DISTANCE OF 7.38 FEET TO A REBAR AND 1-1/4" ORANGE PLASTIC CAP LS38215; THENCE LEAVING SAID EXISTING FENCE S61005'55"E A DISTANCE OF 89.09 FEET TO A REBAR AND 1-1/4" ORANGE PLASTIC CAP LS38215; THENCE S28°30'18"W A DISTANCE OF 6.69 FEET TO THE POINT OF BEGINNING; SAID PARCEL OF LAND CONTAINS 608 SQUARE FEET MORE OR LESS. That fee simple title in and to said real property be and the same hereby is quieted in Plaintiff, and that Defendants, each and every one, have no claim, right, title or interest in or to the said real property or any part thereof, and that Defendants have disclaimed such any such claim, right, title or interest on or to the same and are therefore enjoined from asserting any claim, right, title or interest in or to the said real property or any part thereof. Plaintiff may record this Quiet Title Decree in the real property records of Pitkin County, Colorado. DONE this _ day of , 2018. BY THE COURT: Pitkin County District Court Judge 1754294-2 EN SCALE: 1" = 1,000' RED BUTTE—�► DRIVE ISITE t \. SNOWBUNNY LANE BONITA DRIVE - 1� GOLF COURSE ;', - \.� CEMETERY r,Co ry; o LANE =;J,7 C J� t, f �1.1„mot / TT C1 , TRUE NORTH COLORADO A LAND SURVEYING AND MAPPING COMPANY 4 HEIDI M. BERTHOLF VICINITY MAP LOT 3, BLOCK 1 - SNOWBUNNY SUBDMSION CITY OF ASPEN - COUNTY OF PITKIN - STATE OF COLORADO TRUE NORTH COLORADO, LLC. A LAND SURVEYING AND MAPPING COMPANY 1118 BENNETT AVENUE GLENWOOD SPRINGS, COLORADO 81601 (970) 94S-1105 www.truenorthcolorado.com DRAWN PROJECT NO: 2017-17�7 RPK SHEET DATE: APRIL 30, 20:8 SURVEYED 1 OF 1 COMMUNITY DEVELOPMENT DEPARTMENT GENERAL LAND USE PACKET 161 Ti L Crrr ou ASLTN Attached is an Application for review of Development that requires Land Use Review pursuant to The City of Aspen Land Use Code: Included in this package are the following attachments: 1. Development Application Fee Policy, Fee Schedule and Agreement to Pay Application Fees Form 2. Land Use Application Form 3. Dimensional Requirements Form (if required) 4. HOA Compliance Form 5. Development Review Procedure All Application are reviewed based on the criteria established in Title 26 of the Aspen Municipal Code. Title 26 of the Aspen Municipal Code is available at the City Clerk's Office on the second floor of City Hall and on the internet at www.cityofaspen.com, City Departments, City Clerk, Municipal Code, and search Title 26. We require all applicants to hold a Pre -Application Conference with a Planner in the Community Development Department so that the requirements for submitting a complete application can be fully described. This meeting can happen in person or by phone or e-mail. Also, depending upon the complexity of the development proposed, submitting one copy of the development application to the Case Planner to determine accuracy, inefficiencies, or redundancies can reduce the overall cost of materials and Staff time. Please recognize that review of these materials does not substitute for a complete review of the Aspen Land Use Regulations. While this application package attempts to summarize the key provisions of the Code as they apply to your type of development, it cannot possibly replicate the detail or the scope of the Code. If you have questions which are not answered by the materials in this package, we suggest that you contact the staff member assigned to your case, contact Planner of the Day, or consult the applicable sections of the Aspen Land Use Code. November 2017 City of Aspen 1 130 S. Galena St. 1 (970) 920 5090 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 for applications which normally take a minimal and predictable amount of 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 pay the 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 time to process than the deposit indicates. A determination on the deposit amount shall be made during the pre -application conference by the case planner. Hourly billing shall still apply. All applications must include an Agreement to Pay Application Fees. One payment including the deposit for Planning and referral agency fees must be submitted with each land use application, made payable to the City of Aspen. Applications will not be accepted for processing without the required fee. The Community Development Department shall keep an accurate record of the actual time required for the 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 for the additional costs incurred by the City when the processing of an application by the 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 by the 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. Unless otherwise combined by the Director for simplicity of billing, all applications for conceptual, final and recordation of approval documents shall be handled as individual cases for the purpose of billing. Upon conceptual approval all billing shall be reconciled and past due invoices shall be paid prior to the Director accepting an application for final review. Final review shall require a new deposit at the rate in effect at the time of final submission. Upon final approval all billing shall be again reconciled prior to 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 by the Municipal Court Judge. All payment information is public domain. All invoices shall be paid prior to issuance of a Development Order or 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. Signature: f1HIW GtA I,?/, - Title: Pv+nf-ADM �a rim p1 j ;�Pp(iegnf- Name: Ma,c� E� November 2017 City of Aspen 1 130 S. Galena St. 1 (970) 920 5090 LAND USE APPLICATION Q n � Project Name and Address: Bertholf Lot Line Adiustment, 970 Cemetery Lane, Aspen, CO 81611 O7,0 ci -n N) Parcel ID # (REQUIRED) 273512208006 and 273512219002/273512219001/273512219800 > W o APPLICANT: FM Z ZZI Name: Heidi M. Bertholf, Trustee, the Heidi M. Bertholf Qualified Personal Residence Trust Agreement U/D/T Dated December 7, PO Box 165, Aspen, CO 81612 Phone #: (970) 925-3564 REPRESENTIVATIVE: Email: omiaspen@comcst.net; ski-pixie@att.net Name: Christopher D, Bryan and Mary Elizabeth Geiger, Garfield & Hecht, PC Address: 625 E. Hyman Ave., Suite 201, Aspen, CO 81611 Phone#: (970) 925-1936 email: cbryan@gariieldhecht.com• megeiger@garfieldhecht.com Description: Existing and Proposed Conditions The purposes of this Boundary Line Adjustment application, pursuant to Section 26.480.050(c) of the Land Use Code, is to effectuate the new boundary between the above -referenced parcels as ordered in Pitkin County District Court, Case No. 17CV30094 (copy of Quiet Title Decree attached). The result of this Boundary Line Adjustment plat will be to establish the existing fenceline between these parcels as the boundary line. The Applicant's Property is Parcel No. 2735122008006 and the boundary line being adjusted is with the SolarPlex Condominiums, a duplex consisting of Parcel Nos. 273512219002, 273512219001 and 273512219800. Applicant's Property is not subject to Covenants or an HOA, and the other parcels have an inactive/unincorporated HOA solely for the duplex. Aside from establishing the existing fenceline as the boundary line, no other changes to the conditions of the properties will occur. Pursuant to the standards set forth in Section 26.480.050(c): (1) The request permits a boundary adjustment between contiguous parcels; (2) The adjustment results in the same number of parcels and is pursuant to Court Order and is not prohibited by the original subdivision documents; (3) The project meets the standards of review set forth in 26.480.040: A. The parcels will continue to have access to a public way B. The subject parcels are not located within the original Aspen Townsite and there is only a minor deviation from the original lot lines (which were in dispute and resulted in the quiet title decree entered in Case No. 17CV30094) C. The lots will continue to conform with existing zone districts where they are located D. No non -conforming uses. Structures or lots will be created (4) The adjustment does not result in a parcel lying in more than one zone district.. (5) The parcels are not located in a Planned Development. (6) A draft proposed Boundary Adjustment plat is submitted herewith. Review: Administrative or Board Review Administrative Required Land Use Review(s): Boundary Line Adjustment — 26.480.050(c) Growth Management Quota System (GMQS) required fields: NA Net Leasable square footage Lodge Pillows Free Market dwelling units Affordable Housing dwelling units Essential Public Facility square footage Have you included the following? ■ Pre -Application Conference Summary ■ Signed Fee Agreement ■ HQA Compliance form ■AII items listed in checklist on PreApplication Conference Summary FEES DUE: $ 1625.00 DIMENSIONAL REQUIREMENTS FORM Complete only if required by the PreApplication checklist Project and Location Applicant: Zone District: Gross Lot Area: Net Lot Area: "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 1) Floor Area (square feet) 2) Maximum Height 3) Front Setback 4) Rear Setback 5) Side Setbacks 6) Combined Side Setbacks 7) % Site Coverage 8) Minimum distance between buildings Proposed % of demolition Commercial Proposed Use(s) Existing Allowed Proposed 1) FAR (Floor Area Ratio) 2) Floor Area (square feet) 3) Maximum Height 4) Off -Street Parking Spaces 5) Second Tier (square feet) 6) Pedestrian Amenity (square feet) Proposed % of demolition Existing non -conformities or encroachments: Variations requested: 1) Number of Units 2) Parcel Density (see 26.710.090.C.10) 3) FAR (Floor Area Ratio) 4) Floor Area (square feet) 4) Maximum Height 5) Front Setback 6) Rear Setback 7) Side Setbacks Proposed % of demolition Lodge Additional Use 1) FAR (Floor Area Ratio) 2) Floor Area (square feet) 3) Maximum Height 4) Free Market Residential(square feet) 4) Front setback 5) Rear setback 6) Side setbacks 7) Off -Street Parking Spaces 8) Pedestrian Amenity (square feet) Proposed % of demolition Existing Allowed Proposed Existing Allowed Proposed ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number: Q662009973-6 Property Address: 970 CEMETERY LN, ASPEN, CO 81611 1. Effective Date: 04/12/2018 at 5:00 P.M. 2. Policy to be Issued and Proposed Insured: "TBD" Commitment Proposed Insured: BUYER TO BE DETERMINED 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: HEIDI M. BERTHOLF, TRUSTEE, THE HEIDI M. BERTHOLF QUALIFIED PERSONAL RESLD_ENCE TRUST AGREEMENT, U/D/T DATED DECEMBER 7TH, 1999, F/B/9 HEIDI_M,_BEBTHOLE—GHRIST_OP_HER E. BERTHOLF, MICHELE M. BERTHOLF AND NICOLE R. BERT-HOLE 5. The Land referred to in this Commitment is described as follows: PARCEL A $0.00 LOT 3, BLOCK 1, SNOWBUNNY SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED MAY 2, 1957 IN PLAT BOOK 2A AT PAGE 229 AND AS AMENDED IN THE PLAT OF LOT LINE ADJUSTMENT RECORDED NOVEMBER 26, 2003 IN PLAT BOOK 67 AT PAGE 91 AND RERECORDED DECEMBER 9, 2003 IN PLAT BOOK 67 AT PAGE 93. COUNTY OF PITKIN, STATE OF COLORADO. PARCEL B A PARCEL OF LAND SITUATED IN THE NW1/4 OF SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH PRINCIPAL MERIDIAN, LYING WITHIN THE FIRST AMENDED CONDOMINIUM MAP OF SOLAR PLEX CONDOMINIUMS RECORDED IN PLAT BOOK 70 AT PAGE 30 IN THE PITKIN COUNTY CLERK AND RECORDER'S OFFICE, CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO, SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID FIRST AMENDED CONDOMINIUM MAP OF SOLAR PLEX CONDOMINIUMS BEING A REBAR AND 1-1.4" YELLOW PLASTIC CAP LS 9184; THENCE N 61 °07'00" W ALONG THE SOUTHERLY BOUNDARY OF SAID FIRST AMENDED CONDOMINIUM MAP OF SOLAR PLEX CONDOMINIUMS A DISTANCE OF 92.20 FEET TO A POINT IN AN EXISTING WOOD FENCE; THENCE LEAVING SAID SOUTHERLY BOUNDARY N 53°22'23" E ALONG SAID EXISTING WOOD FENCE A DISTANCE OF 7.38 FEET TO A REBAR AND 1-1/4" ORANGE PLASTIC CAP LS 38215; ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number:062GO9273-6 THENCE LEAVING SAID EXISTING FENCES 61 °05'55" E A DISTANCE OF 89.09 FEET TO A REBAR AND 1- 1 /4" ORANGE PLASTIC CAP LS 38215; THENCE S 28'30'18" W A DISTANCE OF 6.69 FEET TO THE POINT OF BEGINNING. COUNTY OF PITKIN, STATE OF COLORADO. Copyright 2006-2018 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. AM ERMAN LANCt T97LE ASSOCIATION ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: 062009273-6 All of the following Requirements must be met: This proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. Pay the agreed amount for the estate or interest to be insured. Pay the premiums, fees, and charges for the Policy to the Company. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. 1. EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF THE CITY OF ASPEN TRANSFER TAX HAVE BEEN SATISFIED. 10 MARKETABILITY WILL BE GUARANTEED BEGINNING 6 MONTHS FROM THE DATE OF RECORDATION OF THE DECREE, WHICH WAS RECORDED APRIL 12, 2018 AS RECEPTION NO. 646545. (AS TO PARCEL B) 3. THE FULLY EXECUTED TRUST AGREEMENT OF HEIDI M. BERTHOLF TRUST DATED OCTOBER 19, 1979, A TRUST, MUST BE FURNISHED TO LAND TITLE GUARANTEE COMPANY PRIOR TO CLOSING SO THAT THE COMPANY CAN CONFIRM THE ACCURACY OF THE STATEMENTS APPEARING IN THE STATEMENT OF AUTHORITY OR TRUST AFFIDAVIT OF PUBLIC RECORD. 4. DULY EXECUTED AND ACKNOWLEDGED STATEMENT OF AUTHORITY SETTING FORTH THE NAME OF HEIDI M. BERTHOLF TRUST U/D/T DATED OCTOBER 19, 1979 AS A TRUST. THE STATEMENT OF AUTHORITY MUST STATE UNDER WHICH LAWS THE ENTITY WAS CREATED, THE MAILING ADDRESS OF THE ENTITY, AND THE NAME AND POSITION OF THE PERSON(S) AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING, OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF THE ENTITY AND OTHERWISE COMPLYING WITH THE PROVISIONS OF SECTION 38-30-172, CRS. NOTE: THE STATEMENT OF AUTHORITY MUST BE RECORDED WITH THE CLERK AND RECORDER. 5. WARRANTY DEED FROM HEIDI M. BERTHOLF, TRUSTEE, THE HEIDI M. BERTHOLF QUALIFIED PERSONAL HESIDEN E TRUST AGREEMENT, U/D/T DATED DECEMBER 7TH, 1999, FIB/O HEIDI M. BERTHOLF, OH_ R ST_O.PHER F. BERTHOLF, MICHELE M _BEATHOLF AND NICOLE R BERTHOLF TO BUYER TO BE DETERMINED CONVEYING SUBJECT PROPERTY. NOTE: ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE BUYERS NAMES ARE ADDED TO THIS COMMITMENT. COVERAGES AND/OR CHARGES REFLECTED HEREIN, IF ANY, ARE SUBJECT TO CHANGE UPON RECEIPT OF THE CONTRACT TO BUY AND SELL REAL ESTATE AND ANY AMENDMENTS THERETO. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: Q62009273-6 This commitment does not republish any covenants, condition, restriction, or limitation contained in any document referred to in this commitment to the extent that the specific covenant, conditions, restriction, or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender identity, handicap, familial status, or national origin. 1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, 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 of the Land and not shown by the Public Records. 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. (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. 8. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED JUNE 16, 1894 IN BOOK 55 AT PAGE 45. 9. EASEMENTS, RIGHTS OF WAY AND OTHER MATTERS AS SET FORTH ON THE PLAT OF SNOWBUNNY SUBDIVISION RECORDED MAY 2, 1957 IN PLAT BOOK 2A AT PAGE 229. 10. THOSE PROVISIONS, COVENANTS AND CONDITIONS, EASEMENTS AND RESTRICTIONS, WHICH ARE A BURDEN TO THE SUBJECT PROPERTY DESCRIBED IN SCHEDULE A, AS CONTAINED IN INSTRUMENT RECORDED MAY 02, 1957, IN BOOK 181 AT PAGE 255. 11. TERMS, CONDITIONS AND PROVISIONS OF DECLARATION OF TRUST RECORDED AUGUST 08, 1958 IN BOOK 184 AT PAGE 435. 12. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF LOT LINE ADJUSTMENT RECORDED NOVEMBER 26, 2003 IN PLAT BOOK 67 AT PAGE 91 AND RERECORDED DECEMBER 9, 2003 IN PLAT BOOK 67 AT PAGE 93. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: 062009273-6 13. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF MEMORANDUM FROM THE CITY OF ASPEN PLANNING DEPARTMENT RECORDED DECEMBER 8, 2003 AS RECEPTION NO. 4921_32. 14. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF QUIT CLAIM DEED RECORDED DECEMBER 12, 2003 AS RECEPTION NO. 492294. 15. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF PROPOSED QUIET TITLE DECREE RECORDED APRIL 12, 2018 AS RECEPTION NO. 646545. 16. THE POLICY TO BE ISSUED WILL GUARANTEE FEE OWNERSHIP AND POSSESSION IN ACCORDANCE WITH ITS PROVISIONS, BUT WILL NOT GUARANTEE MARKETABILITY. MARKETABILITY WILL BE GUARANTEED BEGINNING 6 MONTHS FROM THE ISSUANCE OF THE DECREE, PROVIDED THAT NO STEPS HAVE AT THAT TIME BEEN INITIATED TO SET ASIDE OR TO OTHERWISE IMPAIR THE EFFECT OR VALIDITY OF THE DECREE. (AS TO PARCEL B) LAND TITLE GUARANTEE COMPANY DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: (A) The Subject real property may be located in a special taxing district. (B) A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in which the real property is located or that county treasurer's authorized agent unless the proposed insured provides written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real property). (C) The 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: Effective September 1, 1997, CRS 30-10-406 requires that 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 may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: 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 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 CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface estate, in Schedule B-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 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 CRS 10-1 -1 28(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 a closing protection letter for the lender, purchaser, lessee or seller in connection with this transaction.