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HomeMy WebLinkAboutLand Use Case.993 Moore Dr.0035.2010.ASLU0035.2010.ASLG THE MOORE FAM�� PUOI1� NO PARCEL � LOT 7 BLOCK ll�A-141.11•l0} 4- lu ,A THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER PARCEL ID NUMBER PROJECTS ADDRESS PLANNER CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION 0035.2010.ASLU 2735 141 11 107 THE MOORE FAMILY PUD SARA ADAMS LOT 7 BLOCK G RICH CARR, CCY ARCH 11.5.10 CLOSED BY ANGELA SCOREY ON: 11. 19.10 External Media Located Here %1.01531 s RMMI a No Po-r!tf-- Y' 11' 10i i jj,i:- File Edit Record Navigate Form Reports Format Tab Help l _J Clear 0031�- - Zo L 0 - AcS LcA 3 0 A _ 97, Routing Status Fees Fee Summary Maur Actions Attachments Routng HJstory Valuation Archf Eng Custom Fields Sub Permits Parcels o Permttype Wld{1! Permrtt i�1- Address Aptrxb -a 0 City 6tabe rP V $ Permit Information fl Master permit RarfiggvetN ® Applied 0 F Projed StIdK - Approved o` q Description Issued Final Submitted Clods N Days 114-q Expires 6t 5 011 Submitted via Owner Last name GREGG First name Phase - Address Applicant Owner is appicant? V Contractor is applicant Last name 0EGG First name II.A 8 4M WWORE DR T21 Phone -Cust 23740 Address CO 61611 Lender Last name First name Phone 1( 771 Address AspenGold5(servef] angelas Edit loll C--) �bp� u �IELOPMEr r APPROVAL Notice is hereby given to the general public of the and approval of a site -specific developmh nturlsuent to the creation of a vested property g P the Land Use Code of the City of Aspen and Title 24, Article 68. Colorado Revised Statutes, pertaining to the following describyed Property:. as LParcel ID #2735-141-11-7, ot 7 Moore Family Planed UnitlDevelop ent nt to the CCpitty of Aspen, Pitkm Count , Colorado. The oval grants an Moore Family PUD UPitkin County Ctia l erkk and Recorder Recordation # 420467. The request is to ne isadjust depicted nitthe and use p application e of oon fileewitth the Cityy of Aspen. For further information contact Saramunity De elopment Dept 11dams at the 30 Sr Galena an St.,Aspen. Colorado. (970) 429-2778.. City of Aspen Published14, in 0 Th. [s P07880]mes Weekly on 0011 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: Aspen, CO STATE OF COLORADO ) ss. County of Pitkin ) I, n !�i eL CA jD CC.T4 -��� (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26.306.0 0 (E) of the Aspen Land Use. Code in the following manner: 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 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. Signature The foregoing "Affidavit of Notice" was acknowle ged before me this 1 S day of /yd VZWb bic/ , 200'a, by ,;�Y� cSC CNf - P-" -► , : ��` PRY pve-�", ► N. AR. My Ccmissic;,l Enkes 031MoI4 WITNESS MY HAND AND OFFICIAL SEAL My cgTmission expires: VV Notary Public ATTACHMENTS: COPY OF THE PUBLICATION DEVELOPMENT ORDER 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 (3) -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 the change is accomplished or a building permit is approved pursuant to Section 26,304.075, 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. Property Owner's Name, Mailine Address and telephone number: Jason and Ursula Gregg, 305 Larkspur Lane, Aspen, CO 81611, tele: 970/319-3400 Ley -al Description and Street Address of Subiect Property: Lot 7 of the Moore Family Planned Unit Development, aka 993 Moore Drive Aspen, Colorado. Written Description of the Site Specific Plan and/or Attachment Describine Plan: An Insubstantial Amendment to Moore Family Planned Unit Development to reconfigure the building envelope on Lot 7. Land Use Approval Received and Dates: Administrative approval granted November 3`d, 2010. Effective Date of Development Order: November 14", 2010. (Same as date of publication of notice of approval.) Expiration Date of Development Order: November 14, 2013. (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 14'h day of November 2010. by the City of Aspen Community Development Director. Chris endon Community Development Director City of Aspen • • Sara Adams From: Sara Adams Sent: Monday, November 08, 2010 10:03 AM To: Simon Elliot Subject: FW: Hi Simon, The recordation # for the envelope adjustment is below. Hope you had a nice weekend, Sara Sara Adams. Senior Planner. ;!ty of Aspen galena <tX Ci7!liCf(1 5�. www. aspen historicpreservation.com From: Kathy Strickland Sent: Wednesday, November 03, 2010 12:23 PM To: Sara Adams Subject: 11/03/2010 Moore Family PUD Lot 7 block g bk 95 page 2 574829 Recording information for your records. Kathleen Strickland City of Aspen Chief Deputy City Clerk, CIVIC 130 S. Galena Aspen, Colo. 81611 970-429-2687 0 0 I GRAPHIC SCAB PLAT NOTES cm ENGINEER APPROVALL COMMUNRY OEVELOPMEM OlRECTOR APPROVAL TRLE CERIRI w 1ID04 � • fRrc s R! SECOND AMENDED FINAL PLAT OF LOT 7, BLOCK G, 1 THE MOORE FAMILY PLANNED UNIT DEVELOPMENT PURPOSE OF THIS RAT IS TO AOII)S T!E CONE1GURA— Of THE SUILOING ENVELOPE SrtUATED ON SAID LOT 7 THE ADJUSTED MI l—ENVELOPE 14---SO- R ANDTHE PREYIOU4 SU — ENVELOPE WAS 32.Oa'O SO.rt A PARCEL OF LAND SITUATED IN THE NEi /40F SECTION 14. TOWNSHIP 10 SOUTH RANGE 85 WEST, OF THE 6TH P.M. CITY OF ASPEN. COUNTY OF PITKIN. STATE OF COLORADO woo -�� LOTS a•� ) LOTS ^PqP -1 ✓.! w.o .ea ••• LOT "� T I - •_ BLOCK G AC.2 5.817 MOORE DRIVE -- -- --- -- rmc LOT 5 an ag MORTGAGEE'S CERTlIICATE .t OPEN SPACE AREA 7 S.fdCsY. •�4a.w r ��l+aMA VICINrrY MAP �-- .VPt SURVEYOR-S�CERTIFICATE a � R CLER•(SREc 9CERIlFICATE 1 OF 1 .VPt SURVEYOR-S�CERTIFICATE a � R CLER•(SREc 9CERIlFICATE 1 OF 1 QOTICE OF APPROVAL For an Insubstantial PUD Amendment to Moore Family PUD Lot 7, aka 993 Moore Drive Parcel ID No.: 2735-141-11-107. APPLICANT: REPRESENTATIVE: SUBJECT & SITE OF AMENDMENT: Jason and Ursula Gregg 305 Larkspur Lane Aspen, CO 81611 Rich Carr, CCY Architects 228 Midland Avenue Basalt, CO 81621 Lot 7 of the Moore Family PUD SUMMARY: The applicant requests an Insubstantial PUD Amendment to amend the shape of the existing building envelopes of Lot 7 to maximize solar gain and to move the building envelope onto less steep terrain. STAFF EVALUATION: The proposed change to amend the envelope meets the review criteria for an Insubstantial PUD Amendment (Exhibit A). The change proposed is minimal and does not alter the lot size. DECISION: The Community Development Director rinds the Administrative Application for an Insubstantial PUD Amendment as noted above and on Exhibit `A' to be consistent with the review criteria (Exhibit A) and thereby, APPROVES the request. APP E BY: Chris endon, ommunity Development Director Attachment: Exhibit A: Review Criteria Page 1 of 2 Date C� 14m I -.A- Section 26.445.100 Amendment of PUD development order A. PUD Insubstantial Amendments. An insubstantial amendment to an approved development order for a final development plan may be authorized by the Community Development Director. The following shall not be considered an insubstantial amendment: 1. A change in the use or character of the development. There is no change in the use or character of the building. 2. An increase by greater than three percent (3%) in the overall coverage of structures on the land. The there is no increase in coverage. 3. Any amendment that substantially increases trip generation rates of the proposed development or the demand for public facilities. Trip generation and demand, for public services will not be impacted by this amendment. 4. A reduction by greater than three percent (3%) of the approved open space. There is no change to the open space. 5. A reduction by greater than one percent (1 %) of the off-street parking and loading space. There is no change in the parking/loading space. 6. A reduction in required pavement widths or rights -of -way for streets and easements. There is no change in the ROW's widths, .streets or easements. 7. An increase of greater than two percent (2%) in the approved gross leasable floor area of commercial buildings. There is no gross leasable floor area. 8. An increase by greater than one percent (l %) in the approved residential density of the development. There is no increase in residential density. 9. Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting a variation from the project's approved use or dimensional requirements. The change is consistent with the approved use and does not require a dimensional variation. Page 2 of 2 0 Sara Adams From: Tricia Aragon Sent: Friday, July 16, 2010 9:23 AM To: Sara Adams Subject: Re: envelope adjustment for 993 moore drive (lot 7 of moore pud) Yes I did look at it. The only question I had was the building envelope corner near the zoom flume easement looks like it is much closer than the original survey. I understand they are shifting the building envelope but beyond that, the survey of the corner that is not moving is inconsistent with the original survey. I'm not in the office now but we can go over it on monday if you like. Trish From: Sara Adams To: Tricia Aragon Sent: Fri Jul 16 08:24:37 2010 Subject: FW: envelope adjustment for 993 moore drive (lot 7 of moore pud) Hi Trish, have you had a chance to review this application? Please let me know if you have comments. Thanks! Sara Sara Adams. Senior Planner. www.aspenhistoricpreservation.com From: Sara Adams Sent: Tuesday, July 13, 2010 11:02 AM To: Tricia Aragon Subject: envelope adjustment for 993 moore drive (lot 7 of moore pud) Hi Trish, Just checking in to see if you have any comments on the envelope adjustment application that I sent to you last week. It is for Lot 7 in the Moore Family PUD. Please let me know if you have any questions or want to do a site visit. Thanks! Sara Sara Adams Senior Planner. www.aspenhistoricpreservation.com Tuv C'rry nc Acvanr M4 e1tt4�L�� cS,��IIArIVh —hV Gi,1n QhavCl up p�US{�m�v� OVU/ �L"u� 4vvj if �1 130 Soum GALENA STREET ✓ ASPEN, COLORADO 81611-1975 • SCKQ-& , NO (t6kr--) ��� �, A- 5 • EMILY a v cc F,.-1- gam,_. 582 e . COTTLE CARR YAW ARCHITECTS LTD 228 Midland Ave PO Box 529 • Basalt, CO 81621 055395 • Invoice Number Date Voucher Amount Discounts Previous Pay Net Amount Gregg 9/27/10 000000022854 11.00 0.00 0.00 11.00 Pitkin County Clerk and Recorder 1010.03 1 PITCLERK Totals 11.00 0.00 0.00 11.00 E GRAPHIC SCALE ( IN FEET) U Lnch = 50 ft PLAT NOTES 1. BASS OF BEARINGS FOR THIS SURVEY IS A BEARING OF NOI'W59•E BETWEEN THE sou WEST CORNER AND THE WESTERLY ANGLE POINT OF LOT 7. BOTH A MO. 5 REBAR AND CAP LS. NO. 29030, FOUND IN PLACE 2. THE DATE OF THIS SURVEY WAS SEPTEMBER 21, 2006. 3. UNEAR USED TO PERFORM THE FIELD SURVEY WERE US SURVEY FEET. 4. UNEAR ERROR OF CLOSURE IS GREATER THAN 1:10,OD0 5. THIS SURVEY IS BASED ON THE MOORE FAMILY PUD AMENDMENT AND BUILDING ENVELOPE ADJUSTMENT RECORDED MAY 26, ZOOS AS RECEPTION N0. 510581 AND THE MOORE FAMILY PUD, RECORDED AUGUST 10, 1996 IN BOOK 45 AT PAGE WIN THE PITKIN COUNTY CLERK AND RECORDERS OFFICE, AND CORNERS FOUND IN PLACE G. THIS PROPERTY IS SUBJECT To RESERVATION% RESTRICTIONS, COVENANTS AND EASEMENTS d= RECORD OR IN PLACE AND EXCEPTIONS To TITLE BLOWN IN THE TITLE COMM ENT PREPARED BY LAND TILE GUARANTEE COMPANY, DATED: NOVEMEER 21. 2003 (ORDER NUMBER 0354865). 7. THIS PROPERTY IS SUBJECT TO TERMS, CONDITIONS, PROVISION% EASEMENT% AND RICHT-OF-WAYS AS SET FORTH IN CITY OF ASPEN WATER SERVICE AGREEMENT RECORDED AS RECEPTION NO. 420481 AND RECEPTON NO. 420462 AND CITY OF ASPEN RAW WATER AGREEMENT RECORDED AS RECEPTION NO 420485. CITY ENGINEER APPROVAL THIS ow A_FNfiFD FIN PL T OF DT 7 BLOCK C TIF YODRE iAMI Y PL N DNIT OFV4I OPMENT HAS BEEN RENEWED AND APPROVED BY THE OTY OF ASPEN ENGINFR. THIS DAY OF 2010. BY: CITY ENGINEER COMMUNITY DEVELOPMENT DIRECTOR APPROVAL THIS DEVELOPMENT RAS BEEN RENEWED AND APPROVED BY TIE CITY OF ASPEN COMMUNITY DEVELOPMENT DIRECTOR. TIYS DAY OF 2010. BY COMMUNITY DEVELOPMENT DIRECTOR TITLE CERTIFICATE THE UNDERSIGNED A DULY AUTHORIZED REPRESENTATIVE OF LAND TTE GUARANTEE COMPANY REGISTERED TO DO BUSINESS IN PITKIN COUNTY, COLORADO, HAS EXAMINED TIE TAMI TE TO ALL LANDS SHOWN UPON T95PLATDFVFT OPMFNT AND THAT TITLE TO SUCH LANDS IS VESTED IN JASON A AND URSUTA M. GREGG IS FREE AND CLEAR OF ALL DENS. TAXES AND ENCUMBRANCE% EXCEPT AS FOLLOWS DATED THIB DAY OF 2010. SIGNED LAND TIT.: GUARANTEE COMPANY FIRST AMENDED FINAL PLAT OF LOT 7, BLOCK G, THE MOORE FAMILY PLANNED UNIT DEVELOPMENT A PARCEL OF LAND SITUATED IN THE NE 114 OF SECTION 14, TOWNSHIP 10 SOUTH RANGE 85 WEST, OF THE 6TH P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO � 1 � A-25ro2'19• \t FOUND /5 REBAR \ AND CAP. LS/2033 LOT 8 R-130.00' L=56.81' T_29.a7 3o.a3' CB=N0219*12'E S89'56'170E 409.25' MEAS. 439.89'(PLAT) C-56.36 FOUND /5 REB I AND CAP, L5./T9030 1G' UTUTY EASEMENT I I REC NO. 420465 JI / O 1 20• PRIVATE SIG TRAIL / RQ PRIVATE SUMMER TRUL / LOT 6 / �OO�C��� b-7623.39• R-7 60Y ai&515727E EXISTING - FENCE BUILDING .IV / RF TPLAT PER THIS PLAT O Y `AND REBAR 2 � �/ N7B�70q�6Gi LS/37935 �_ I / I I 20'40'44'W / �'' / 30.00' LOT 7 BLOCK G OYAIBBUILDING ENVELOPE In NO CAP, LSRsG3G 3L 60 SQ.FT. 5.817 AC.± N PER EPTM ELECTRIC I • ; NO. 420465 / TRANSFORMER 6 LOT I- BUILDING ENVELOPE 3 E•' S I� PER THIS PLAT I� 4,4p 32,060 SOFT. P a GRAVEL Iy� I • . ROAD O N I= / ... ADJUSTED E INE LINT I PER ,N PER T115 PLAT J TRENCH. CONDUIT k I NO. 4264NT REDVAUL LOT 5 20• �_ _�_ _ - - CORE DRIVE - I (.W PRIVATE ROAD a N IBURUXNG EMERGENCY PUBUC ACCESS) (5 Z ENVELOPE W 32060 SO.FT. < o PER RECEPTION m N N0. 420165 N b 0 00 �z m FOUND " REBAR N8642'51'W R9030. LS 467.21' SET 05 RE' AND CAP OPEN SPACE AREA 7 LS.07935 VICINITY MAP SCALE 1• - 2.00V CERTIFICATE OF OWNERSHIP AND DEDICATION KNOW ALL MEN BY THESE PRESENTS THAT THE UNDERSIGNED JASON A AND URSULA M. GREGG ARE THE OWNERS OF THAT REAL PROPERTY SITUATED IN THE COUNTY OF PITKIN, STATE OF COLORADO DESCRIBED AS FOLLOWS' LOT 7, BLOCK G. THE MOORE FAMILY PUD. A PLANNED COMMUNITY. RECORDED AUGUST 10, 1998 IN PLAT BOCK 45 AT PAGE 81 IN THE PITKIN COUNTY CLERK AND RECORDERS OFFICL SAID PARCEL CONTAINS 5.019 ACRES% MORE OR LESS AND SAID OWNERS AYENO SAID LOT 7 AS FOLLOWS: PURPOe TATEMENM ADJUST THE BUILDING ENVELOPE SITUATED ON SAID LOT 7. THE ADJUSTED BUILDING 04VMOPE IS 34060 S0. FT. AND THE PREVIOUS BUILDING ENVELOPE WAS 32,060 SOFT. EXECUTED THIS_ DAY OF 2010 EIMNE&4 JASON A AND URSULA M. GREGG BY: JASON A GREGG BY: URSULA N. GREGG STATE OF COUNTY OF 1)� THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS A.D.. 2010, BY JASON A GREGG. MY COMMISSION EXPIRES WITNESS MY HAND AND SEAL NOTARY PUBLIC STATE OF COUNTY OF 1)p THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS AD., 2010. BY URSULA M. GRECO MY COMMISSION EXPIRES WITNESS MY HAND AND SEAL NOTARY PUBLIC DAY OF DAY OF I, FRANK W. HUTRINGTON, DO HEREBY STATE THAT I AM A REGISTERED LAND SURVEYOR LICENSED LINDEN THE LAWS OF TIE STATE OF COLORAD0 THAT 1MS PUT IS A TRUE. CORRECT ANO C011PLETE PUT OF FlR ENDED FlN P T OF OT 7 B OCX TH M F Y NEG UNIT DEI OPNFNT AS LAID OUT. PUTTED. DEDICATED AND SHOWN HEREON. THAT SUCH PUT WAS MADE FROM AN ACCURATE SURVEY OF SAID PROPERTY BY ME AND UNDER MY SUPERVISIOM AND (XXRRECTIY STOWS THE LOCATION AND DIMENSONS OF THE LOT, EASEMENTS AND BUILDING ENVELOPE AND MEETS THE REQUIREMENTS OF A LAND SURVEY PUT AS SET FORTH IN C _EL SECTION 3B-51-106. W WITNESS WHEREOF I HAVE SET MY HAND AND SEAL THIS DAY OF _- A.D. 2010. FRANK W. HARRINGTON, LS. J19598 CLERK & RECORDER'S CERTIFICATE THIS PUT WAS FILED FOR RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY AT O'CLOCN-M., ON THE _DAY ()F AD. 2010, AND IS DULY RECORDED IN BOG( PAGE RECEPTION NO. BY PITKIN COUNTY CLERK AND RECORDER up W 0 aC, ma 30 °a at IL IL IL o IL Za W2 Z = W 1. Q PROJECT NO. 2061759.00 0923 BY: 1 OF 1 0, ! THE CITY OF ASPEN Land Use Application Determination of Completeness Date: July 7, 2010 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0035.2010.ASLU — Lot 7, Moore Family PUD (Envelope Adjustment). The planner assigned to this case is Sara Adams. ❑ Your Land Use Application is incomplete: We found that the application needs additional items to be submitted for it to be deemed complete and for us to begin reviewing it. We need the following additional submission contents for you application: Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. ❑ Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. 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. Th You, fiferVPe��n�,eputy Director City of Aspen, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required SPA PUD COWOP Yes No *-/— Subdivision (creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes No ,,,C" Commercial E.P.F. • ATTACHMENT 2 -LAND USE APPLICATION 16i"BIJU" RECEIVED JUN 3 0 2010 CITY OF ASPEN Name: J:-s� IL Lb-r Location: LZE L 1VC-- PUD I d 1 Indicate stye t address, lot & block number, legal descrition where appropriate Parcel ID # RE UIRED APPLICANT' Name: Address: Phone#: REPRESENTATTVE: Name: s Address: ')04)&rs d/62 Phone #• xYh> TYPE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ GMQS Allotment ❑ Special Review ❑ ESA — 8040 Greenline, Stream Margin, Hallam Lake Bluff, Mountain View Plane ❑ Commercial Design Review ❑ Residential Design Variance ❑ Conditional Use ❑ Conceptual PUD ❑ Final PUD (& PUD Amendment) ❑ Subdivision ❑ Subdivision Exemption (includes condominiumization) ❑ Lot Split ❑ Lot Line Adjustment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) ❑ Temporary Use ❑ Text/Map Amendment ❑ Conceptual SPA ❑ Final SPA (& SPA Amendment) ❑ Small Lodge Conversion/ Expansion Other: PROPOSAL: (description of proposed buildings, uses, modifications, etc.) 04AA6�0 -;PY,-- Gib -P-Z Have you attached the following? FEES DUE: $/ ✓❑ Pre -Application Conference Summary 10 Attachment #1, Signed Fee Agreement N® Response to Attachment #3, Dimensional Requirements Form fIX Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards Xf4:1 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre -application conference summary will indicate if you must submit a 3-D model. i 0 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Asreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) andy,4$iN W 4�t.Lr4 6f6&& (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that the City of Aspen has an adopted fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this. time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it -is impracticable for CITY staff to complete processing or present sufficient information to the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to enable the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ /T which is for _ ?5 hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $245.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN By: Chris Bendon Community Development Director APPLICANT By: Date: Billing Address and Telephone Number: 0 0 CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Sara Adams PROJECT: Moore Family PUD, Lot 7, aka 993 Moore Drive REPRESENTATIVE: Rich Carr, CCY Architects 970-927-4925, rcarr(cbccyarchitects.com DESCRIPTION: The potential applicant would like to amend the building envelope shape on Lot 7 of the Moore Family Planned Unit Development (PUD) in order to maximize solar gain and move the building envelope onto less steep slopes. The potential applicant represents that the proposed DATE: 06,22.10 change will not result in a net increase in size of the building envelope. Changing the shape of the building envelope in a manner that does not change the size/area of the envelope can be approved administratively. Lot 7 is part of the Moore Family PUD, and a PUD amendment approval is required to modify the PUD and allow the alteration of the building envelope. Approval to apply for the amendment shall be provided by the Homeowner's Association. Relevant Land Use Code Section(s): 26.304, Common Development Review Procedures 26.445.100.A Amendment of PUD development order Review by: Staff. Public Hearing: No. Referral Agencies: Parks ($212) Engineering ($212). Planning Fees: $735 deposit for 3 hours (additional hours billed at $225 per hour). Referral Agency Fees: $424. Total Deposit: $1,159. Total Number of Application Copies: 2 To apply, submit the following information: ❑ Total deposit for review of application. ❑ Proof of ownership with payment. ❑ Signed fee agreement. ❑ Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. ❑ Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. ❑ Total deposit for review of the application. ❑ 2 Copies of the complete application packet and maps. ❑ An 81/2" by 11" vicinity map locating the parcel within the City of Aspen. ❑ Site improvement survey including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. • • (This requirement, or any part thereof, may be waived by the Community Development Department if the project is determined not to warrant a survey document.) ❑ 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. Please include existing conditions as well as proposed. ❑ Copies of prior approvals: existing conditions, recorded final plat map that depicts approved building envelope for lot 7. ❑ Applications shall be provided in paper format (number of copies noted above) as well as the text only on either of the following digital formats. Compact Disk (CD) -preferred, Zip Disk or Floppy Disk. Microsoft Word format is preferred. Text format easily convertible to Word is acceptable. ❑ Applicants are advised that building plans will be required to meet the International Building Code as adopted by the City of Aspen, the Federal Fair Housing Act, and CRS 9.5.112. Please make sure that your application submittal addresses these building -related and accessibility regulations. You may contact the Building Department at 920-5090 for additional information. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. CITY OF ASPEN I* R PAID CITY OF ASPEN DATE R VVRE4 0 S,U " HRETT PAID REP NO. 3 RATE REP NO. (YN I t-711� Filed for record the day of ,A.D, at _ Reception No. o'clock M. RECORDER. 8y DEPUTY. WARRANTY DEED THIS DEED, Had. on this day of October3l 2003 between WILLIAM WRIGLEY, JR. RFSIDUAR RUST of the County of Cook and State of Illinois IASONA.G�ND �RSULA M. GREGG , as Joint Tenants of the Grantoe(s), and whose legal address is •660MOOREDRIVE. ASPEN CO81611 of the County of PITKIN and State of Colorado of the Grantee(s): WITNESS, That the Grantee(s), for and in consideration of the sum of ( S3,050,000.00 ) *"* Three Million Fifty Thousand and 00/100 *** the DOLLARS Presentsipt doesngrantficiency bargain fsellchconveyhereby and confirmeunto,thehas G9antee(s)bah9sihe�irssold assigns and byl these reel property, together with improvements, if any, situate, lying and being in the PITKIN aril State of Colorado, described as follows: County of LOT 7, BLOCK O, THE MOORE FAMILY PUD, A PLANNED COMMUNITY, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 10. 1998 IN PLAT BOOK 45 AT PAGE 81. COUNTY OF PITKIN, STATE OF COLORADO 11111111111111111111111111111 ������ ������ 1111111111111111111 1 �06 1e: 14A SILVIA DAVIS PITKIN COUNTY CO R 16.00 D 305.00 also known as street number 993 MOORE DRIVE. ASPEN, CO81611 TOGETHER with all and singular and hereditaments and appurtenances thereto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right title interest, claim and demand whatsoever of the Grantor(s), eit premises, with the hereditaments and appurtenances; her in law or equity, of, in and to the above bargained TO HAVE AND TO HOLD the said premises above bargained and described with appurtenances, unto the Grantee(s), his heirs and assigns forever. The Grantor(s), for himself, his heirs and personal representatives, does covenant, grant, bargain, and agree to and with the Grantee(s), his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sates, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, EXCEPT GENERAL TAXES AND ASSESSMENTS FOR THE YEAR 2003 AND SUBSEQUENT YEARS, AND EXCEPT THOSE MATTERS AS SET FORTH ON EXHIBIT "A" ATTACHED HERETO The Grantor(s) shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable Possession of the Grantee(s), his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, and the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF the Granter(s) has executed this deed on the date set forth above. I✓� WILLIAM WRIGLEY. JR. RESIDU Y.TRUST B ILL W�1 L R., TR STEE STATE OF ILLINOIS ) County of Cook )Ss. 490639 TRANSFER DECLARATION RECEIVED 11/03/2003 The foregoing instrument was acknowledged before me on this day of October31. 2003 by WILLIAM WRIGLEY JR. TRUSTEE OF THE WILLIAM WRIGLEY JR. RESIDUARY TRUST Ny commission expires SAFE • IS, ZL00(p Witness my hand and official seal. Escrow# 0384865 Title# 0384865 Form No. 932 Rev 4- ription ( 38-35-106.5, C.R. Commission Exphs Jan. 1,(htl'IC)6et rded Return t0 T-C r NTY DEED (Photographic Record WD,OPEN) 0 0 IIIIIIIIIIIIIIII�IIIIIII��IIIIIIIIIIIIIIIIIIIIIIIIIIIII 4906 a9 ie:14R SILVIR DAVIS PITKIN COUNTY CO R 16.00 D 305.00 EXHIBIT A 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 MAY 06, 1890, IN BOOK 55 AT PAGE 9, RECORDED JANUARY 19, 1892 IN BOOK 55 AT PAGE 20, RECORDED NOVEMBER 29, 1892 IN BOOK 55 AT PAGE 34, AND RECORDED AUGUST 26, 1911 IN BOOK 55 AT PAGE 191 TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS AND RESTRICTIONS AS CONTAINED IN RESOLUTIONS BY THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, RECORDED AS FOLLOWS: A. RESOLUTION NO, 95-9 RECORDED FEBRUARY 15, 1995 IN BOOK 774 AT PAGE 50. B. RESOLUTION NO. 95-173 RECORDED OCTOBER 27, 1995 IN BOOK 797 AT PAGE 922 C. RESOLUTION NO. 95-30 RECORDED NOVEMBER 9, 1995 1N BOOK 799 AT PAGE 150 AND RECORDED OCTOBER 25, 1996 UNDER RECEPTION NO. 398334. D. RESOLUTION NO. 97-75 RECORDED MAY 8, 1997 UNDER RECEPTION NO. 404234. E. ORDINANCE NO. 97-13 RECORDED JUNE 10, 1997 UNDER RECEPTION NO. 405216. P. RESOLUTION NO. 98-57 RECORDED APRIL 7, 1998 UNDER RECEPTION NO. 415352. TERMS, CONDITIONS, AND PROVISIONS OF SUBDIVIDER'S AGREEMENT RECORDED AUGUST 10, 1998, UNDER RECEPTION NO. 420468. RESTRICTIVE COVENANTS. WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, AS CONTAINED IN MASTER DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR THE MOORE FAMILY PUD, A PLANNED COMMUNITY, RECORDED AUGUST 10, 1998 UNDER RECEPTION NO. 420466. DESIGNATION OF SUCCESSOR AND ASSIGNS OF DECLARANT RIGHTS RECORDED AUGUST 17, 1998 UNDER RECEPTION NO. 420552. EASEMENTS, RIGHTS OF WAY AND OTHER MATTERS AS SET FORTH ON THE PLAT OF THE MOORE FAMILY P.U.D., A PLANNED COMMUNITY, RECORDED AUGUST 10, 1998 IN PLAT BOOK 45 AT PAGE 81. TERMS, CONDITIONS AND PROVISIONS OF MASTER DEED RESTRICTIONS FOR AFFORDABLE HOUSING RECORDED AUGUST 11, 1998 UNDER RECEPTION NO. 420489. TERMS, CONDITIONS AND PROVISIONS OF MOORE PUD PLANNED UNIT DEVELOPMENT GUIDE RECORDED AUGUST 10, 1998 UNDER RECEPTION NO. 420467. 1 i IIJJJ I�JJI llllJl JJJ IJJIJI lllJll JJIII 490639 JJIIIl111JJ11J111 Pape: 3 3 VIq DgV78 PITKIN COUNTY CO I1/03/2003 10:14p R 16.00 D 305.00 EXHIBIT A (Continued) TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE NO. 20, SERIES OF 1997. RECORDED AUGUST 11, 1998 UNDER RECEPTION NO. 420479. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 98-40 RECORDED AUGUST 11, 1998 UNDER RECEPTION NO. 420480. TERMS, CONDITIONS, PROVISIONS, EASEMENTS AND RIGHTS OF WAY AS SET FORTH IN CITY OF ASPEN WATER SERVICE AGREEMENT AND ADDENDUM THERETO RECORDED AUGUST 11, 1998 UNDER RECEPTION NO. 420481 AND RECORDED AUGUST 11, 1998 UNDER RECEPTION NO. 420482. TERMS, CONDITIONS, PROVISIONS, EASEMENTS AND RIGHTS OF WAY AS SET FORTH IN CITY OF ASPEN RAW WATER AGREEMENT RECORDED AUGUST 11, 1998 UNDER RECEPTION NO. 420485. TERMS, CONDITIONS, PROVISIONS, EASEMENTS AND RIGHTS OF WAY AS SET FORTH IN CITY OF ASPEN PRETAPPING AGREEMENT RECORDED AUGUST 11. 1998 UNDER RECEPTION NO. 420486. TERMS, CONDITIONS, PROVISIONS, EASEMENTS AND RIGHTS OF WAY AS SET FORTH IN COLLECTION SYSTEM AGREEMENT RECORDED AUGUST 11, 1998 UNDER RECEPTION NO. 420487. TERMS, CONDITIONS, PROVISIONS, EASEMENTS AND RIGHTS OF WAY AS SET FORTH IN CITY OF ASPEN PRECONNECTION AGREEMENT RECORDED AUGUST 11, 1998 UNDER RECEPTION NO. 420488. MEMORANDUM OF UNDERSTANDING BETWEEN THE JAMES E. MOORE FAMILY PARTNERSHIP, LLLP, AND ASPEN SCHOOL DISTRICT REGARDING AFFORDABLE HOUSING RECORDED AUGUST 11, 1998 UNDER RECEPTION NO. 420491. EASEMENT AGREEMENT (UTILITY AND DRAINAGE) BETWEEN THE JAMES E. MOORE FAMILY PARTNERSHIP, LLLP, AND THE ASPEN SCHOOL DISTRICT RECORDED AUGUST 11, 1998 UNDER RECEPTION NO. 420477. EASEMENT FOR WATER LINES AND RELATED PURPOSES GRANTED BY THE JAMES E. MOORE FAMILY PARTNERSHIP, LLLP, TO THE CITY OF ASPEN, RECORDED AUGUST 11, 1998 UNDER RECEPTION NO. 420478. TERMS, CONDITIONS AND PROVISIONS OF TRENCH, CONDUIT AND VAULT AGREEMENT RECORDED January 11, 1999 AT RECEPTION NO. 426420. MykIk {WlklIk(N( llklItk�j(ykAliV�I(k11V1)"))4,Ik,II,,,, AI1Aj).4I1t4>�,�„sf�ll.t,;itt.4akttjMtAM GV�E���i1 llll 11L11`[1 lvQi�ll7 i+�S+IitTl ll�t �``I1 �)11'1'atit et , . t , A ,t It 4 % � t ��� i �'►� t r � 8+ >�d�t o' � 4.; �Ik, i?R,',f; (t,�r; ;� l:i �tIVIfIA.��;�}�c=;��#��c����� ���MW IRAf AI i � �;{ f ���4 �� � i;t;�� f►.{ (�A 111()f,f I)A jk~ f�� l * SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE 'F * B AND THE CONDITIONS AND STIPULATIONS, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY a Minnesota corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A against loss or damage, not exceeding the Amount of Insurance stated on Schedule A sustained or Incurred by the Insured by reason of 1 Title to the estate or interest described in Schedule A being vested other than as stated therein, 2 Any defect in or lien or encumbrance on the title, 3 Unmarketability of the title, 4 Lack of a right of access to and from the land The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title as insured, but only to the extent provided in the Conditions and Stipulations IN WITNESS WHEREOF, the said Old Republic National Title Insurance Company has caused Its corporate name and seal to be hereunto affixed by its duly authorized officers as of the date shown in Schedule A, the policy to be valid when countersigned by an authorized officer or agent of the Company EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys fees or expenses which anse by reason of 1 (a) Any law, ordinance or governmental regulation (including, but not limited to building and zoning laws, ordinances or regulations) restricting regulating, prohibiting or relating to It) the occupancy, use, or enjoyment of the land, (n) the character, dimensions or location of any improvement now or hereafter erected on the land, (III) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy 2 Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy but not excluding from coverage any taking which has occurred pnor to Date of Policy which would be binding on the rights of a purchaser for value without knowledge 3 Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant, (b) not known to the Company not recorded in the public records at Data of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured underthis policy, (c) resulting in no loss or damage to the insured claimant, (d) attaching or creating subsequent to Date of Policy, or (a) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy 4 Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, thatas based on (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer or (b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure (I) to timely record the instrument of transfer, or (a) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor Issued through the Office of OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Stock Company LAND TITLE GUARANTEE COMPANY 400 Second Avenue South Minneapolis, Minnesota 55401 817 COLORADO AVENUE SUITE 203 GLENWOOD SPRINGS, COLORADO 81602 Authorized Signatory (511) 371 1111 P4i1T By _' Q � w � President # k w . L 11 , Attest �'rb� Secretary CRT Form 402D - AL TA Owner s Policy 1017 92 0 • CONDITIONS AND STIPULATIONS 1 Definition of Terms The following terms when used in this policy mean (a) "insured' the insured named in Schedule A and, subject to any rights or defenses the Company would have had against the named insured, those who succeed to the interest of the named insured by operation of law as distinguished from purchase including, but not limited to, heirs, dtstributees, devisees, survivors personal representatives, next of kin, or corporate or fiduciary successors (b) "insured claimant" an Insured claiming loss or damage (c) "knowledge" or "known" actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart constructive notice of matters affecting the land (d) "land" the land described or referred to in Schedule A, and improvements affixed thereto which by law constitute real property The term "land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right title, interest estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy (a) "mortgage" mortgage, deed of trust, trust deed or other security instrument (f) "public records" records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge With respect to Section 1(agiv) of the Exclusions from Coverage, "public records" shall also include environmental protection bens filed in the records of the clerk of the United States District Court for the district in which the land is located (g) "unmarketability of the title" an alleged or apparent matter affecting the title to the land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest descnbed in Schedule A to be released from the obligation to purchase by virtue of a contractual condition requiring the delivery of marketable title Z Continuation of Insurance After Conveyance of Title The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the Insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as the insured shall have liability by reason of covenants of warranty made by the insured in any transfer or conveyance of the estate or interest This policy shall not continue in for in favor of any purchaser from the insured of either (I) an estate or interest in the land, or (tt) an indebtedness secured by a purchase money mortgage given to the insured 3 Notice of Claim to be Given by Insured Claimant The insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 4(a) below, (it) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (fit) if title to the estate or interest, as insured, is rejected as unmarketable If prompt notice shall not be given to the Company, then as to the insured all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required, provided, however, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice 4 Defense and Prosecution ofActions, Duty of Insured Claimant to Cooperate (a) Upon written request by the insured and subject to the options contained in Section 6 of these Conditions and Stipulations, the Company at its own cost and without unreasonable delay, shall provide for the defense of an insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but only as to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by this policy The Company shall have the right to select counsel of its choice (subject to the right of the insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and will not pay the fees of any other counsel The Company will not pay any fees, costs or expenses incurred by the insured in the defense of those causes of action which allege matters not insured against by this policy (b) The Company shall have the right at its own cost, to institute and prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as insured, or to prevent or reduce loss or damage to the insured The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy if the Company shall exercise its rights under this paragraph, it shall do so diligently (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right in Its sole discretion, to appeal from any adverse judgment or order (d) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding the insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding and all appeals therein and permit the Company to use, at its option, the name of the insured for this purpose Whenever requested by the Company, the insured, at the Company's expense, shall give the Company all reasonable aid (t) in any action or proceeding securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (it) in any other lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as insured If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation with regard to the matter or matters requiring such cooperation 5 Proof of loss or Damage In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage The proof of loss or damage shall describe the defect in or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or damage and shall state to the extent possible, the basis of calculating the amount of the loss or damage If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend prosecute, or continue any litigation with regard to the matter or matters requiring such proof of loss or damage In addition, the insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain to the loss or damage Further, if requested by any authorized representative of the Company, the insured claimant shall grant its permission, in witting, for any authorized representative of the Company to examine, inspect and copy all records, books ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the joss or damage All lConunued on inside back covet) pou iieya rueuneli Ndniaw oy j uugauwy n au Auadotd io uosiad Rue Tsutebe satpewai 0 (Continued from inside front cover) mfarmatign designated as confidential by the insured claimant provided to the 'Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim Failure of the insured claimant to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in this paragraph shall terminate any liability of the Company under this policy as to that claim 6 Options to Pay or Otherwise Settle Claims, Termination of Liability In case of a claim under this policy, the Corrgfbny shall have the following additional options (a) To Pay or Tender Payment of the Amount of Insurance To pay or tender payment of the amount of insurance under this policy, together with any costs, attorneys tees and expenses incurred by the insured claimant, which were authorized by the Company up to the time of payment or tender of payment and which the Company is obligated to pay Upon the exercise by the Company of this option, all liability and obligations to the insured under this policy, other than to make the payment required, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation (b► To Pay or Otherwise Settle With Parties Other Than the insured or With the Insured Claimant (1) to pay or otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay or (t i) to pay or otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay Upon the exercise by the Company of either of the options provided for in paragraphs (bKi) or (it), the Company's obligations to the insured under this policy for the claimed loss or damage, other then the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation 7 Determination, Extent of Liability and Coinsurance This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described (a) The liability of the Company under this policy shall not exceed the least of (i► the Amount of Insurance stated in Schedule A, or, the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy (b) in the event the Amount of Insurance stated in Schedule A at the Date of Policy is less than 80 percent of the value of the insured estate or interest or the full consideration paid for the land, whichever is less, or if subsequent to the Oate of Policy an improvement is erected on the land which increases the value of the insured estate or interest by at least 20 percent over the Amount of Insurance stated in Schedule A then this policy is subject to the following (i) where no subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rate in the proportion that the amount of insurance at Date of Policy bears to the total value of the insured estate or interest at Date of Policy, or (n) where a subsequent improvementhas been made, as to any partial loss, the Company shall only pay the loss pro rate in the proportion that 120 percent of the Amount of Insurance stated in Schedule A bears to the sum of the Amount of Insurance stated in Schedule A and the amount expended for the improvement The provisions of this paragraph shall not apply to costs attorneys' fees and expenses for which the Company is liable under this policy, and shall only apply to that portion of any loss which exceeds in the aggregate,10 percent of the Amount of Insurance stated in Schedule A (c) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations 8 Apportionment If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of the parcels but not all, the loss shalt be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rate as to the value on Date of Policy of each separate parcel to the whole exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy 9 1imita(ion of Liability (a) If the Company establishes the title or removes the alleged defect lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of unmarketability of title all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom adverse to the title as insured (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company i0 Reduction of Insurance Reduction or Termination of Liability All payments under this policy, except payments made for costs, attorneys' fees and expenses, shalt reduce the amount of the insurance pro Canto 11 Liability Non cumulative It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner 12 Payment of Loss (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations the loss or damage shall be payable within 30 days thereafter 13 Subrogation Upon Payment or Settlement (a► The Company's Right of Subrogation Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued If requested by the Company, the insured claimant shall transfer to the Company all rights and (Continued on back cover) (Continued from inside cover) remedies against any person or property necessary in order to perfect this right of subrogation The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation (b) The Company's Rights Against Non-insured Obligors The Company's right of subrogation against non-insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments which provide for subrogation rights by reason of this policy 14 Arbitration Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation All arbitrable matters when the Amount of Insurance is $1,0W,000 or less shall be arbitrated at the option of either the Company or the insured All arbitrable matters when the Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the insured Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties The award may include attorneys' fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party Judgment upon the award rendered by the Arbitratoils) may be entered in any court having jurisdiction thereof The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules A copy of the Rules may be obtained from the Company upon request 15 Liability Limited to this Policy, Policy Entire Contract {a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company In interpreting any provision of this policy, this policy shall be construed as a whole (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the tale to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or Validating Officer or Authorized Signatory of the Company 16 Severability In the event any provision of the policy is held invalid or unenforceable under the applicable law, the policy shall be deemed not to include that provision and all other provisions shall remain in full force and effect 17 Notices, Where Sent All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to its Home Off ica 400 Second Avenue South, Minneapolis, Minnesota 55401, (612) 371-1111 JASON A. GREGG URSULA M. GREGG 305 Larkspur Lane Aspen CO 81611 (970) 319 3400 greggi @comcast.net June 28, 2010 Community Development Department City of Aspen 130 S. Galena Street 3rd Floor Aspen, CO 81611 Re: Building Permit Application Lot 7, Moore Family PUD 993 Moore Drive Aspen CO 81611 Ladies & Gentlemen: This letter will confirm that Richard Carr and Cottle Carr Yaw Architects are authorized to represent the above owners of Lot 7, Moore Family PUD, also known as 993 Moore Drive, Aspen CO 81611, with respect to the building permit application for a single family residence and accessory buildings, if any, and all land use matters related thereto. If you have any questions ase feel free to contact us at the address above. BUS_RE\3433557.1 Land Title Guarantee Company Date: November 21, 2003 JASON A GREGG AND URSULA M GREGG 201 MILL STREET #201 ASPEN, CO 81611 JOE KRABACHER Enclosed please find the title insurance policy for your property located at 993 MOORE DR ASPEN CO 81611 The following endorsements are included in this policy Deletion of Standard Exception(s) Please review this policy in its entirety In the event that you find any discrepancy, or if you have any questions regarding your final title policy, you may contact Title Department Phone 970-925-1678 Fax 970-925-6243 Please refer to our Order No Q384865 Should you decide to sell the property described in this policy, or if you are required to purchase a new title commitment for mortgage purposes, you may be entitled to a credit toward future title insurance premiums Land Title Guarantee Company will retain a copy of this policy so we will be able to provide future products and services to you quickly and efficiently Thank you for giving us the opportunity to serve you Sincerely, Land Title Guarantee Company 0 • Form AO/ORT Our Order No. Q384865 Schedule B LTG Policy No LTF1384865 This policy does not insure against loss or damage by reason of the following 1 Rights or claims of parties in possession not shown by the public records 2 Easements, or claims of easements, not shown by the public records 3 Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records 4 Any lien, or right to a lien, for services, labor, or material theretofore or hereafter furnished, imposed by law and not shown by the public records 5 TAXES FOR 2004 AND SUBSEQUENT YEARS ONLY, NOT YET DUE AND PAYABLE 6 DEED OF TRUST DATED OCTOBER 31, 2003, FROM JASON A GREGG AND URSULA M GREGG TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF JASON ALBERT GREGG 1993 IRREVOCABLE TRUST A TO SECURE THE SUM OF $3,000,000 00 RECORDED NOVEMBER 03, 2003, UNDER RECEPTION NO 490640 7 WATER RIGHTS OR CLAIMS TO WATER RIGHTS 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 MAY 06, 1890, IN BOOK 55 AT PAGE 9, RECORDED JANUARY 19, 1892 IN BOOK 55 AT PAGE 20, RECORDED NOVEMBER 29, 1892 IN BOOK 55 AT PAGE 34, AND RECORDED AUGUST 26, 1911 IN BOOK 55 AT PAGE 191 9 TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS AND RESTRICTIONS AS CONTAINED IN RESOLUTIONS BY THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, RECORDED AS FOLLOWS A RESOLUTION NO 95-9 RECORDED FEBRUARY 15, 1995 IN BOOK 774 AT PAGE 50 B RESOLUTION NO 95-173 RECORDED OCTOBER 27, 1995 IN BOOK 797 AT PAGE 922 C RESOLUTION NO 95-30 RECORDED NOVEMBER 9, 1995 IN BOOK 799 AT PAGE 150 AND RECORDED OCTOBER 25, 1996 UNDER RECEPTION NO 398334 D RESOLUTION NO 97-75 RECORDED MAY 8, 1997 UNDER RECEPTION NO 404234 E ORDINANCE NO 97-13 RECORDED JUNE 10, 1997 UNDER RECEPTION NO 405216 Form AO/ORT Our Order No. Q384865 Schedule B LTG Policy No. LTF1384865 F RESOLUTION NO 98-57 RECORDED APRIL 7, 1998 UNDER RECEPTION NO 415352 10 TERMS, CONDITIONS, AND PROVISIONS OF SUBDIVIDER'S AGREEMENT RECORDED AUGUST 10, 1998, UNDER RECEPTION NO 420468 I RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, AS CONTAINED IN MASTER DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR TIME MOORE FAMILY PUD, A PLANNED COMMUNITY, RECORDED AUGUST 10, 1998 UNDER RECEPTION NO 420466 12 DESIGNATION OF SUCCESSOR AND ASSIGNS OF DECLARANT RIGHTS RECORDED AUGUST 11, 1998 UNDER RECEPTION NO 420552 13 EASEMENTS, RIGHTS OF WAY AND OTHER MATTERS AS SET FORTH ON THE PLAT OF THE MOORE FAMILY P U D , A PLANNED COMMUNITY, RECORDED AUGUST 10, 1998 IN PLAT BOOK 45 AT PAGE 81 14 TERMS, CONDITIONS AND PROVISIONS OF MASTER DEED RESTRICTIONS FOR AFFORDABLE HOUSING RECORDED AUGUST 11, 1998 UNDER RECEPTION NO 420489 15 TERMS, CONDITIONS AND PROVISIONS OF MOORE PUD PLANNED UNIT DEVELOPMENT GUIDE RECORDED AUGUST 10, 1998 UNDER RECEPTION NO 420467 16 TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE NO 20, SERIES OF 1997, RECORDED AUGUST 11, 1998 UNDER RECEPTION NO 420479 17 TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO 98-40 RECORDED AUGUST 11, 1998 UNDER RECEPTION NO 420480 18 TERMS, CONDITIONS, PROVISIONS, EASEMENTS AND RIGHTS OF WAY AS SET FORTH IN CITY OF ASPEN WATER SERVICE AGREEMENT AND ADDENDUM THERETO RECORDED AUGUST 11, 1998 UNDER RECEPTION NO 420481 AND RECORDED AUGUST 11, 1998 UNDER RECEPTION NO 420482 19 TERMS, CONDITIONS, PROVISIONS, EASEMENTS AND RIGHTS OF WAY AS SET FORTH IN CITY OF ASPEN RAW WATER AGREEMENT RECORDED AUGUST 11, 1998 UNDER RECEPTION NO 420485 0 LTG Policy No. LTFI384865 Form AO/ORT Our Order No. Q384865 Schedule B 20 TERMS, CONDITIONS, PROVISIONS, EASEMENTS AND RIGHTS OF WAY AS SET FORTH IN CITY OF ASPEN PRETAPPING AGREEMENT RECORDED AUGUST 11, 1998 UNDER RECEPTION NO 420486 21 TERMS, CONDITIONS, PROVISIONS, EASEMENTS AND RIGHTS OF WAY AS SET FORTH IN COLLECTION SYSTEM AGREEMENT RECORDED AUGUST 11, 1998 UNDER RECEPTION NO 420487 22 TERMS, CONDITIONS, PROVISIONS, EASEMENTS AND RIGHTS OF WAY AS SET FORTH IN CITY OF ASPEN PRECONNECTION AGREEMENT RECORDED AUGUST 11, 1998 UNDER RECEPTION NO 420488 23 MEMORANDUM OF UNDERSTANDING BETWEEN THE JAMES E MOORE FAMILY PARTNERSHIP, LLLP, AND ASPEN SCHOOL DISTRICT REGARDING AFFORDABLE HOUSING RECORDED AUGUST 11, 1998 UNDER RECEPTION NO 420491 24 EASEMENT AGREEMENT (UTILITY AND DRAINAGE) BETWEEN THE JAMES E MOORE FAMILY PARTNERSHIP, LLLP, AND THE ASPEN SCHOOL DISTRICT RECORDED AUGUST 11, 1998 UNDER RECEPTION NO 420477 25 EASEMENT FOR WATER LINES AND RELATED PURPOSES GRANTED BY THE JAMES E MOORE FAMILY PARTNERSHIP, LLLP, TO THE CITY OF ASPEN, RECORDED AUGUST 11, 1998 UNDER RECEPTION NO 420478 26 TERMS, CONDITIONS AND PROVISIONS OF TRENCH, CONDUIT AND VAULT AGREEMENT RECORDED JANUARY 11, 1999 AT RECEPTION NO 426420 ITEM NO 4 OF THE STANDARD EXCEPTIONS IS DELETED AS TO ANY LIENS RESULTING FROM WORK OR MATERIAL CONTRACTED FOR OR FURNISHED AT THE REQUEST OF WILLIAM WRIGLEY, JR RESIDUARY TRUST OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR ANY LIENS ARISING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF JASON A GREGG AND URSULA M GREGG ITEM NOS 1 THROUGH 3 OF THE STANDARD EXCEPTIONS ARE HEREBY DELETED Land Title Guarantee Company Date: November 21, 2003 ]OE KRABACHER 201 MILL STREET #201 ASPEN, CO 81611 Re Your Ref Number Enclosed please find your Land Title Guarantee Company loan policy insuring the property at 993 MOORE DR ASPEN CO 81611 and owned by JASON A GREGG AND URSULA M GREGG The following endorsements are included in this policy Deletion of Standard Exception(s) Please review this policy in its entirety In the event that you find any discrepancy, or if you have any questions or comments regarding your policy, you may contact Title Department Phone 970-925-1678 Fax 970-925-6243 Please refer to our Order No Q384865 We at Land Title Guarantee Company believe in delivering quality products that meet your needs, and our goal is to provide the most efficient, reliable service in the industry Thank you for giving us the opportunity to serve youf Sincerely, Land Title Guarantee Company TOPOGRAPHICAL AND IMPROVEMENT SURVET F$ <5 LOT 7, BLOCK G, THE MOORE FAMILY PUD RECORDED AUGUST 10, 1998 IN PLAT BOOK 45 AT PAGE 81 o�N' <Ri CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO 2LI"b82F �� s Z maz OP 10 w, I TTREE W TYPE I SIZE DRIP _ ELEV 1 EXPUS I17 14 8383.9 2 _-PE DECIOLJous 12" 14 , 8389.E _ 3 DECIDLXXS 17 I, 14 Me I —4 —_ .-DECIIXJDU6 8' _ 17 _8378.7' 5 8 CXXX6 8' —._.0386.7., '. _.7 _ .3XDECIDUDU3� • OECIDUDU6 "C 1g' 8 DEC]DUDIT I — -- 8°_ _ -- iz 8388.6 - - DECIOLMS 10 DECIDUOLS. ! 6' G-- tz IG—. 83800 -. N3890' '^pEppUp1�_ 12 DECLDIXXS 78" _ .. 1U _ .. I B38B.3' 6330.3!_. 13 2XDEpCR1G 6' 16" _ 12' 1E _ 8 94 14 - _. DECIDIAIS _ 15 DECIDUOUS 17__. M91_5' _ _ _L__S' 17 DECIDUO B 6" Y _ 1D'_ _ 10 L - 838386.9' 18 O DU(XS i 19 DECIDUOUS b" 16.._i.. 21 OE(XDIAIE ___ w 16 �� 8' 14 i a3go.51 DECIDLRX)B 14' _ 23 DUADL1Q16 14' 1t 833BB' 24 _ DECIDUOUS_ 1r 14 _ _B3956' 25__ OEGDLXXJ6 _ e'._�. 17 _:. 83BDT f = zs ...DEGDLXAS... PEaowus T ID : x+eea..1 27 _e" -j 10 _SM8' am f_1 OEQDUOI& 16T 20 8396.9 j_ 30 pEq� 18' T 2D 8386.1' f NOTES 1) THIS PROPERTY 15 SUBJECT TO RESERVATIONS, RESTRICTIONS. CWQUNTS AND EASEMENTS OF RECORD, OR N PUCE THIS SURVEY WAS PREPARED 1RTHOUT THE BENEFIT OF A TITLE COMMITMENT, THEREFORE. ANY EXCEPTIONS TO TITLE THAT NAY AFFECT THE SUBJECT PROPERTY HAVE NOT BEEN RESEARCHED BY HIGH COUNTRY ENGINEERING, INC. 2) THE DATE OF THIS SURVEY WAS SEPTEMBER 21. 2006. 3) BASIS OF BEARNGS FOR THIS SURVEY IS A BEARING OF N 01-55.59' E 8 TxEEN THE SOUTHWEST CORNER AND THE WESTERLY ANGLE POINT OF LOT 7, BOTH A 15 REBAR AND CAP. L.S. #29030, FOUND IN PLACE. 4) THIS SURVEY IS BASED ON THE MOORE FAMILY PUD AMENDMENT AND B,XLCONC ENVELOPE ADJUSTMENT RECORDED MAY 26. 2005 AS RECEPTION NO. 510581 IN THE PITKN COUNTY CLERK AND RECORDERS OFFICE. AND CORNERS FOUND IN PLACE. 5) ELEVATIONS ARE BASED ON A USGS BENCH MARK S-159, (1988 DATUM) HAVING A ELEVATION OF 7720.88'. 6) CONTOUR INTERVAL EQUALS I FOOT LEGEND ❑ TV PEDESTAL pO WATER VALVE rl TELE. PEDESTAL 0 SET j5 REBAR k CAP LS. NO. 37935 O FOUND PROPLRTY CORNER AS DESCRIBED 9 DECIDUOUS 7iEE ;( FIRE HYDRANT M9 SAN. SEWER MH PROPERTY DFVTAPTION LOT 7, BLOCK G. THE U MOORE FAMILY PUG. A PUNNED COMMUNITY, RECOIDED AUGUST 10, 1998 N PLAT BOOK 45 AT PACE 81 N THE PIMA COUNTY CLERK AND RECORDERS OFFICE. SAO PARCEL OF LAND CONTAINING 5.319 ACRES. MORE OR LESS GRAPHIC SCALE N (( EN resr ) I c6 . 50 11 .IMPROVEMENT SURVEY STATEMENT I HEREBY STATE MAT MS ]IMPROVEMENT SURVEY WAS PREPARED BY HIGH COUNTRY ENGINEERING, ING F3R JASON A. AND URSULA M. GREGG I FURTHER STATE NAT THE IMPROVEMENTS ON THE ABOVE DESCRIBED PARCEL ON THIS DATE, SEPTEMBER 21, 2006, EXCEPT UTILITY CONFECTIONS ARE ENTIRELY 'MTHIN THE BOUNDARIES OF THE PARCEL, EXCEPT AS SHOW, THAT THERE ARE NO ENCROACHMENTS UPON TE DESCRIBED PREAISES BY IMPROVEMENTS ON ANY q La Z�Z 0O go UFO O �0 =Z J u QW m ZLLI IL w I n Z Q M rO LL PROJECT NO. 2061759.00 0913 June 23, 2010 City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Moore Family PUD, Lot 7 aka 993 Moore drive — Building Envelope Adjustment Application To whom it may concern: On behalf of the applicant, we are requesting to amend the shape of the building envelope on Lot 7 of the Moore Family PUD aka Five Trees in order to maximize solar gain and avoid steeper slopes. The envelope size will not change. This proposal has been reviewed and approved by the FiveTrees Design Review Board (see attached letter). Please see the attached draft plat representing the proposed adjusted building envelope lines. As requested and for reference, we have also enclosed the previous plat, the survey and a vicinity map. As requested, we have also addressed the criteria of Land Use Code Sec. 26.445.100. Amendment of PUD development order in italics below. A. PUD Insubstantial Amendments. An insubstantial amendment to an approved development order for a final development plan may be authorized by the Community Development Director. The following shall not be considered an insubstantial amendment: 1. A change in the use or character of the development. This is not a change in use or character. 2. An increase by greater than three percent (3%) in the overall coverage of structures on the land. N/A 3. Any amendment that substantially increases trip generation rates of the proposed development or the demand for public facilities. No change. 4. A reduction by greater than three percent (3%) of the approved open space. No change 5. A reduction by greater than one percent (1%) of the off-street parking and loading space. No change. 6. A reduction in required pavement widths or rights -of -way for streets and easements. No change. 7. An increase of greater than two percent (2%) in the approved gross leasable floor area of commercial buildings. No change. 8. An increase by greater than one percent (1%) in the approved residential density of the development. No change. 9. Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting a variation from the project's approved use or dimensional requirements. There is no change or variation with the project's original approved use or dimensional requirements. Please contact me directly should you have any questions or concerns. Thank you, J Richard A. Carr, AIA Principal COTTLE CARR YAW ARCHITECTS LTD 228 Midland Ave PO Box 529 Basalt CO 81621 970-927-4925 fax 970-927-8578 info@ccyarchitects.com • 0 E I V E T R E E S 711 EAST VALLEN' ROAD, SUITE 103, BASALT, CO 81621 (970) 273-3100 FAX (970) 273-3105 JINN STARK A\A FERRARA DAVID PARKER EVE WHISTO\ BRUCE ETKI\ DESIGN REVIEW BOARD June 14, 2010 City of Aspen Community Development 130 South Galena Street Aspen, CO 81611 Re: 993 Moore Drive, Aspen, CO 81611 Lot 7, Moore PUD Building Envelope Adjustment To Whom it May Concern, The FiveTrees Design Review Board (DRB) has reviewed the proposed plan for a Building Envelope Adjustment at the above referenced property and finds the plan to be compliant with Design Review Guildelines and hereby approves the proposal as submitted. As per the FiveTrees Master Declaration, any proposed plat amendment requires approval from 67% of the Association homeowners in order to submit the proposal to the City for approval. On June 14, 2010 DRB management received the required amount of votes from the FiveTrees Homeowners to modify the Building Envelope at 993 Moore Drive, Lot 7, Moore PUD. Final approval will be contingent upon consent from the City that they approve the building envelope modification. Your consideration in this matter is greatly appreciated. If you have any questions or need additional information, please contact our office. Sincerely, y e2l an s G ouse, Assf ager for FiveTree esign Revie oard H:/0209/FTDRB/2010/Gregg Lot 7 BE Amendment Approval Letter to City 6-14-10 GRAPHIC SCALE ( IIi I'QT) 1b h-50 EL PLAT NOTES 1. BASIS OF BEARINGS FOR THIS SURVEY IS A BEARING OF NO3559'E BETWEEN THE SOUTHWEST CORNER AND THE WESTERLY ANGLE PONT OF LOT 7, BOTH A NO. 5 REBAR AND CAP Ls NO. 29M. FOUND N PLACE 2. THE DATE OF THIS SURVEY WAS SEPTEMBER V. 2000. 3. LINEAR USED TO PERFORM THE FIELD SURVEY WERE US. SURVEY FEET. 4. LINEAR ERROR OF CLOSURE IS GREATER THAN 1:10.ODO- 5. THIS SURVEY IS BASED ON TIE MOORE FAMILY PUD AMENDMENT AND BUILDING ENVELOPE ADJUSTMENT RECORDED MAY 26. 2005 AS RECEPTION NO. 510581 AND THE MOORE FAMILY PLO, RECORDED AUGUST 10, 19M IN BOOK 45 AT PAGE M IN THE PITON COUNTY CLEW AND RECORDERS OFFICE, AND CORNERS FOUND N PLACE 6. THIS PROPERTY IS SUBJECT TO RESERVATIONS• RESTRICTIONS, COVENANTS AND EASEMENTS D< RECORD OR N PACE AND EXCEPTIONS TO TITLE SHOW N THE TITLE COMMITMENT PREPARED BY LAND TITLE GUARANTEE COMPANY. DATED: NOVEMBER 21, 20O3 (ORDER NUMBER 0364865). 7. THIS PROPERTY IS SUB,ECT TO TERMS CONDIPCHS PRONSONS, EASEMENTS, AN RIGHT-OF-WAYS AS SEE FORTH IN CITY OF ASPEN WATER SERVICE AGREEMENT RECORDED AS RECEPTION NO. 420481 AM RECEPTON NO. 420462 AND CITY OF ASPEN RAW WATER AGREEMENT RECORDED AS RECEPTION NO. 420485. CITY ENGINEER APPROVAL n is DEIRL1pllEbi HAS BEEN REVIEWED AND APPROVED BY THE On OF ASPEN ENCNEETt. THIS DAY OF 2010. CITY ENGINEER COMMUNITY DEVELOPMENT DIRECTOR APPROVAL THIS FIRST AUE DEYELOPMENI HAS BEER RENEWED AND APPROVED BY THE CITY OF ASPEN COMMUNITY DEVELOPMENT DIRECTOR THIS DAY OF 2010, BY: COMMUNITY DEVELOPMENT DIRECTOR TITLE CERTIFICATE THE UNDERSMED A DULY AUTHORIZED REPRESENTATIVE OF LAND TITLE GUARANTEE COMPANY RE CI STEREO TO 00 BUSINESS IN PITKIN COUNTY, COORADO, NED HAS EXAMITHE 711 TO ALL LANDS SHOWN upon THISLOT DEIELMhI AND THAT TTIE TO SUCH LANDS IS VESTED N JASON A A AND URSAM. GREGG IS FREE AND GEAR OF ALL LIONS, TAXES AND ENCUMBRANCES EXCEPT AS FOLLOWS: DATED THIS DAY OF 2010. SIGNED LAND TITLE GUARANTEE COMPANY FIRST AMENDED FINAL PLAT OF LOT 7, BLOCK G. THE MOORE FAMILY PLANNED UNIT DEVELOPMENT A PARCEL OF LAND SITUATED IN THE NE 114 OF SECTION 14, TOWNSHIP 10 SOUTH RANGE 85 WEST, OF THE STH P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO � 1 AI 25'02'19' \ \t FOLI/I REBAR AHD CAP, LSi20133 R-130.00' L-56.81' T-28.87' CB=N0219'12'E 30.113' 589'S6'17'E C-58.36' 10' UTILITY EASEMENT I I I zl REC NO. 420465 � Oil, / 20. PRIVATE SO TRAIL `RECR" ioi2�oi5s" TRIAL LOT 6 �OOQ'j 1�14 R-15O.DO*.00' T-1200.Or C-1655V7'27'E ADJ151FD BUILDING SET { REBAR AND CAP Ls/n9a5 /TF,* / ROAD TRENCH. CONDUIT l--J VAULT AGR EEMENT We, NO. 426420 LOT 5 2D— )RE DRIVE _ PRIVATE ROAD t ((nn 4CY PUBLIC ACCESS) L5 Z m: 0 o: rR m / ENVE111PE LINE PER THIS RAT iti20 40 44'W - �( 30.00' /!{-FOUND R RFBM p,0Q �1.ETLARENACONTSRCFIAOCPRE. NLRS(290.10 3No. SQR. (2PER RECEPTION42D465 I; l_OT7 Ivy IBUILDING ENVELOPE _ w PER THIS PLAT 32,0W SG.". IF ADJUSTED SULDN ENVELOPE LINE I PER THIS RAT J I I Or, 7rW I I I i � Ly,G ENVELOPE 32,060 SQ.FT. PER RECEPTION N0. 420465 FOUND 05 REBAR WITH W. L.S. plow OPEN SPACE AREA 7 LOT 8 409.25' (YEAS.) 439.89' (PLAT) FOUND P5 R- l AND DAP, LS�2B0]0 LOT 7 BLOCK G 5.817 AC.± 467.21' EXISONG--x FENCE m m 0 a. m, ad! VICINITY MAP SCALE 1' - 2.000' KNOW ALL MEN BY THESE PRESENTS: THAT THEN AND M. ARE THE OWNERS OF THAT REAL PROPERTY Z OREDO THE OF K ATE OF SITUATED IN THE COUNTY OF PITKIN, STATE OF COLORADO DESCRIBED AS FOLLOWS: FOLLOWS, LOT 7. BLOCK G TIME MOORE FAMILY PUD, A PLANNED COMMUNITY, RECORDED AUGUST 10, 1998 N PLAT BOOK 45 AT PAGE 51 IN THE PITKIN COUNTY CLERK AND RECORDERS OFFICE O J LL SAID PARCEL CONTAINS 5.819 ACRES, MORE DR LESS. d G m 2 ri. IA N W AND SAID OWNERS AMEND SAID LOT 7 AS FOLLOWS: PURPOSE_ STAIEMEN ADJUST THE "DING ENVELOPE SITUATED ON SAID LOT 7, THE ADJUSTED BUILDING ENVELOPE IS 34050 Z IdT. SQ. FT. AND THE PREVIOUS BUILDING ENVELOPE WAS 3ZO60 SOFT. EXECUTED THIS_ DAY OF =0 p Z =US- JASON A. AND LRSI-A M. GREOC U BY: IC JASON A GREGG "Y L BY. 00 rz URAM M. GREGG O 3 STATE OF W OR i W 08 0 �'• 08 COUNTY ITC Z o g Z THE FOREGOING NSTRIIMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 2010. BY JASON GREGG. V •b u A.D., A 09 S MY COMMISSION EXPIRES: W` V e WITNESS MY HAND AND SEAL >-N 0 7g FIB Z Z NOTARY PUBUC W I• G STATE OF Z W d )« = S caNn of H O m THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF AD., 2010. BY URSAA M. tlEGO. V I MY COMMISSION 7(PNt6: WITNESS MY HAND AND SEA NOTARY PUBLIC SURVEYOR'S CERTIFICATE u, 1. FRANK W. HARR1NGTON, DO HEREBY STATE THAT I AM A REGISTERED LAND SURVEYOR LICENSED UNDER Y THE LAWS CE THIN E STATE aF %0TADO. THAT THIS PUT IS A TRUE. CORRECT AND COMPLETE PLAT OFMEN UNITLAD 0 OUT, PLATTED, DEDICATED AND SHOWN HEREON, THAT SUCH PLAT WAS MADE FROM AN ACCUDEVELOPMENTRATE O SET SURVEY OF SAID ND D PROPERTY BY ME AUNDER MY SUPERVISION AND CORRECTLY SHOWS THE LOCATION AND IXMENSIONS OF THE AND BUILDING THE REQUIREMENTS OF W "'I D CAPREB LOT, EASEMENTS ENVELOPE AND MEETS A LAND SURVEY PLAT AS SET FORTH IN CR.S SECTION 3B-51-106. m a LS./37935 F' IN WITNESS WI[FEOF I HAVE SET MY HAND AND SEAL THIS DAY OF A.D. 2010E x O O 7 Q Z W W. HARRINGTON. LS. 0195M D IL a� aoFRANK j3 O 0< wI IlI a Z= CLERK IN RECORDER'S CERTIFICATE I - THIS PUT WAS 7LED FOR RECORD IN THE OFFICE OF THE LEAK AND RECORDER OF PITKIN COUNTY AT O'CLOCK_,M.. ON INE DAY OF A.D. 2010, AND IS DULY RECORDED IN Q BOOK PAGE RECEPTION NO. PROJECTNO. 2061759.00 BY: PIT10N COUNTY CLERK AND RECORDER 0923 DEPUTY 11 1 OF 1 E BRIE DELTA N E RADIUS ARC CHCAID CHORD BEARING 25. 02'18" 130.00" S6.81' S6.36- S oz. 10"12"W C 2 T8-23'AO' 180.00' . 00' 185. SI' 9 31.07'26'Y I I I SCALE I INCH • 30 FEET 0 Is 30 As 60 LEG1 ND AND NOTES 0 FOUND SURVEY M0WQNT AS DESCRIBED 9 SURVEY CONTROL 10 FIRE HYDRANT 1� ELECTRIC TRMSPOR110 ® WATER VALVE ❑ UTILITY BOX IAAW/OLE TITLE IN O 'TIOY FF�U,RRNI SHED BY: INC. LAID TR 6VAtAlffEE. ORDER NO. 2 65-4 DATED: OCTOBER 24. 2003 PURPOSE STATEMENT �Alwi •'iowa±l ah 1'tl.y rh• bvlldi •y ••.•lop• Iv ro ,cT• b• f•,•Ihs 9alar 1••r•ria •f rn• • d M••. OIv. ,M . rre• •F •h• • }x••,•d �iiT�ii A• di r•c, lY �1 •r e+I.1 IeA. U. .« t ... I.. w•1d op•+ h dd , ro A ••..Vey . Iw po• r. 6I.•• ,N• 1 o�A of rh• ie�, Inl. •nlfl w Id •••bl• rh• heWe ,e heoi�7e M;e.r r•iaiie. ro IM esrreudi Ry I o•dac•p•. P•ni•y rM •...IeP. IiaMlT re ,n• .•r1h. uo. In• dr lve••y ,a 4R :• r•d 7. Tw• Irh i•+, lopoyre Zlc en.,yo. •••I rl.,'�n t ..r ...ft.r r.1a.1.3 ..PI. a.d a Nlw,•fY I•., Ifr. din •.1e.e•. .hffit.y�iF•�6.itdl eyTw�.l,�p�•re� �Ao.�dF.r:i�For• f•r v iti' pK\VPicYP�f \S` uS\Li TRENCH CONDUIT f� YAOLt AGREEMENT � RECUT .26420 YEL GP 29030 J VICINITY MAP Z A LOT 7, BLOCK G , MOORS FAMILY PUU AMENDEMENT BUILDING ENVELOPE ADJUSTMENT 8 2i°vRiRwW LiVit TAAK EF.5E-htEt+T r 0T^-� RELOCATED ENVELOPE - �. SHIFTED 20' S, � - PUTTEp PorL01N8 ENVELOPE---_�'�_ —_•. -• ® YEL CAP INN`Z 1 NOR2 coNTRa i � � I � I • WI DING OP.E AREA I R$MIHS THE SAM 1 YEL CAP 20030 OPEN SPACE LOT 7 BLOCK G AREA - 253,378•/- • 5.6168 ACRES •/- VACANT LOT OWNER S CERTIFICATE KNOT ALL PERSONS BY THESE PRESENTS THAT JASON A. GREW AND URSULA M. GREW. SEIIv'0 THE RECORD OVHERS OF CERTAIN LAND IN THE CITY OF ASPEN. PITXIN COUNTY COLORADO AS DESCRLBED AS: LOT !7. $LOCK O. THE HOME FAMILY PUD. A PLANNED CWFBRH TT. ACCORDING TO THE PUT THEREOF RECORDED AUGUST 10. 1995 IN PUT BOOK A5 hT PASS tl. CITY OF ASPEN COUNTY OF PITKIN STATYE E OF WLORA00 - - MABY THE PRESENTS LA 10 OUT AND PLATTED. THE BAK AS SHOWS, ON Twill PLAT. BY: .+{ Cwy'B i�ITt�✓y JA�1W A.GREO. OWNER. URSULA—M.GREW. OWRW rf STATE OF COLOFVQX 1 j COUNTY OF P!M'iN I THE INO 6. CE1171 FI A. G EAS ACKNOWLEDGED BEFORE Pi TH15!3 .'iAY OF _ SY U A. DREGG. CKNOWL pm� 'r• fm STATE OF COLORADO'1 1 .• COUNTY OF PITKIN 1 ��,�r'I'y ORNERB CERTIFICATE y�� WA7 ACXNOWLEDGFA BEfN1 '^RE ME T5'-^ DAY OF . _ 2004, T UR$tILA M. GREW. OWNES.._..: P- '. - NIYT:ORiYK�Sid5001i{���!Z�B MORTGA@EE•S CERTIFIC409E THE UNDER810NED ME DULY AgTVB*M REPESEN-ITIMES OF 'JASON ALBERT OREGO 1993 IAREVOCABLE TRW h' JANES C. BRADY AND REYIN J. O'DOWlELL. CD -TRUSTEED, CM KEYIN J. O'DONNELL- .£BOLO AND NA1Y-eS. P IS IHDEPENDSNM BLVD_ WARREN N.J. 07059. EEIN1 THE HORTF.40EE OF ; HEREON..DkSCRfbED PROPERTY AS EVIDENCED BY THAT DEED OF T NECARDEO AS RC24TItlN N0. OF TTE REAL F2TA1E RECORDb OF PITKIN : COLORADO HERKT CONSENTS TO i k6MRDl NO OF THWS PI•AT. \ s c.BRADY. winn'Ft i o' ^a-5 oli o-1 't6TRUS STATE OF _I t COUNTY OF _r./W. •}.n 1 rr T FOREOOI NO MORTGASEE'S CERTIFICATE WAS ACKNDWI�r(> BEFORE ME THIS 15-DAY OF 200)'j BY JAEES C. WRAOY AS CO-T 'IEE. NOT dIY P LPO "A, 1IyS' RK•-� 2y aRtrYDsT#y. STATE OF Ih `LX� r:'L 2i01a. COUNTY OFT I ' �• '• 21. . IF!CAM WAS BEFORE BERE ME THIS DAY OF D'DQW006 ELL A8 CO -TRUSTEE. SURVEYORS PREPAAED FROM A FIELD SURVEY TI HE THE iFT Ti TLE NOR E. INC. . LAND TITLE pUARANTEE. INC 533 E. HMX SRl ASPEN. COL 5161 111 STATE OF COLORADO 1 , COUNTY OF PITKIN 1 DIND 71 rC'�7i �•^ATE A 0 ^ BEFORE Ff TH45 Ei-DAY OF F TI INC. _iT7.15 LAND LE GUARANTEE. . T v c tous wmn2,3 BOTSi NOTART PUSB.IC . ffA g,OY CC3.OYADO COMMUNITY DEVELOPMENT DIRFC R OVhL TNhS T I$ BY PRO 0 BY THE i TY DML01KNT TH1E �.{dB p71 OF 200� • . DIRLCTOR. y DIREcrw '89 ENG�y�I AL THii 7��1,A�IE NEREST M tOYED tY 17N? PiF EIIIYNi.iY-9EIELDOIE/R EN6 HiEER. 7111E 3j;.�fDAY OF 2004. FIVE TREES HOMEOWNERS ASSOCIATION APPROVAL THITNTS T INNER PROVED BY TIY `�yp70$ h550CI Ai lON. !sjRlERMONGER Y CLERK AND RECORDERS CERTIFICATE a 7NIS PLAT WAS ACCEPT FDR FILI OFFICE THE CLER AICI RECORDER lE COUMY ��,.�i�•.`� OF I;T A. STATE OF ADO. ATNQ¢�Q CLOCK. fT_ TH14 �Ijjy DAY pE 20 AND s#ORDB IN PUT BOOK AT PAGE S2_ AS RET{OW MAIBEIt �7G1]QL �� (SOro,ie I. RtYa�d J�ot}w CERK A+ID P RL� PREPARED BY ASPEN SURVEY ENGINEERS. INC. 210 SOUTH GALENA STREET 01 pII III Iyr II y9I I�510581 ASPEN. COLORAOO $4411 I ;II�II INIIBill I11IIIIIIIIWIII�I INII�IIN �2to •O�OE:2:, DATE E/FAX IW01 Ms-1616As R 12/01 33312C TOPOGRAPHICAL AND IMPROVEMENT SURVEY LOT 7,'< BLOCK G, THE MOORE FAMILY PUD RECORDED AUGUST 10, 1998 IN PLAT BOOK 45 AT PAGE 81 CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO NOTES 1) MIS PROPERTY IS SUBJECT TO RESERVATIONS, RESTRICTHOMS. COVENANTS AND EASEMENTS OF RECORD, OR IN PLACE. THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A TITLE COMMITMENT. THEREFORE, ANY EXCEPTIONS TO RILE THAT MAY AFFECT ME SUBJECT PROPERTY HAVE NOT BEEN RESEARCHED BY HIGH COUNTRY ENGINEERING, INC. 2) THE DATE OF THIS SURVEY WAS SEPTEMBER 21. 200& 3) BASS OF BEARINGS FOR THIS SURVEY IS A BEARING OF N Dt•55'W E BETWEEN THE SOUTHWEST CORNERwD TaWESI1ETE WESTERLY ANGLE POINT OF LOT 7, BOTH A /5 REBAR AND {) THIS SURVEY IS BASED ON THE MOORE FAMILY PUD AMENDMENT AND BUWDINC ENVELOPE ADJUSTMENT RECORDED MAY 25. 20D5 AS RECEPTION NO. 51D581 INTHET PIWN COUNTY CLERK AND RECORDERS OFFICE. AND CORERS FOUND IN PLACE, 5) ELEVATIONS ARE BASED ON A USGS BENCH MARK S-159, (1968 DATUM) HALING A ELEVATION OF 7720.W. 6) CONTOUR INTERVAL EQUALS I FOOT LEGEND ❑ TV PEDESTAL A WATER VALVE 11 TILE, PEDESTAL • SET F5 REBAR d CAP LS NO, 37935 0 FOUND PROPERTY CORNER AS DESCRIBED 2 DECIDUOUS TREE JX FIRE HYDRANT 9 SM. SEWER MH PROPERTY OF: fJNPT[fM LOT 7, BLOCK G, THE MOORE FAMILY PUD. A PLANNED COMMUNITY, RECORDED AUGUST 10, 1998 IN PLAT BOOK A5 AT PAGE 51 IN PITKIN COUNTY CLERK AND RECORDERS OFFlCE SAM PARCEL OF LAND CONTAINING 5.319 ACRES, MORE OR LESS. GRAPHIC SCALE >o R a m No ( d rEs1 ) 11RRh - 50 eL INPROVFMENT SURVEY STATEMENT I HEREBY STATE MAT THIS IMPROMD"T SURVEY WAS PREPARED BY HIGH COUNTRY ENGINEERING, INC. FOR JASON A. AND URS LA M. GREGG. I FURTHER STATE THAT THE IMPROVEMENTS ON THE ABOVE DESCRIBED PARCEL ON THIS DATE, SEPTEMBER 21. 2006, EXCEPT UIRM CONNECTION$ ARE ENTIRELY WITHIN THE BOUNDARIES OF ME PARCEL EXCEPT AS SHOW. THAT THERE ARE NO ENCROACHMENTS U'ON THE DESCRIBED PREMISES BY "PROWL(ENTS ON ANY ADJOINNG PREMISES, EXCEPT AS INDICATED, AND MAT MERE IS NO APPARENT ENDENCE OR SIGN OF ANY EASEMENT CROSSING OR BURDENING ANY PART OF SAID ` PARCEL. EXCEPT AS NOTED. I FURTHER STARVEY WAS PREPARED WITHOUT THE BENEFIT OF A TITLE COMMITMENT, ANY EXCEPTION THAT MAY AFFECT ME SUBJECT PROPERTY HAS NOT BEEN RESEARCHED BY HIGH COUNTRY ENGINEERING, INC LI E .o JASOF ;#DL, 37gjQ o•. P LANDS � Li Z�Z (Do Q= U go OF U jo 9L W t- O CL Q a l 0 Q 0a 9 PROJECT NO. 2061769.00 0913 0 CURIE OELJA AN1. E AADiW ARC CHORD CHORD BEARING C 1 25'02'IS- 130-00' So.34' 56.36• S 6r K-144 C 2 76. 23'40- ISO.00• 200.40• 16S.S1' 3 31.07,26-9 SCALE I I iNCH - 30 FEET 0 15 30 45 60 F LEGEND AND NOTES O FOUND SURVEY MNUheNT AS DESCRIBEO B SURVEY CONTROL FIRE HYDRANT i� ELECTRIC TRANSFORMER ® WATER YALVE ❑ UTILITY BOX ". HANNW.E TITLE INFDR{Y.TION FURNISHED BY: LAND TITLE WAIIAN7EE. INC. ORDER W. D334365-4 DATED: OCTOBER 24. 2003 LOT 7, BLOCK G f MOvRd, FAMILY PUD AMENDEMENT BUILDING E114VELOPE ADJUSTMENT s N or S62171r. 6 { { I 20' PRIVATE $XI TBAii 31•{ / L PRIVATE SIA4JER TRAIL EASEh1E�+T io � to "iY} .eati 4® 4 PUlIt"as ITAssuaxs Th 1Atwilwoaf .Al rfiy 1b• bNlldi Ag wwlop• i. ,o AcAlwe carer 11 goel.r .�. Te ha.,fer eM eler i•A,art. e{ ,h W hew. GI ,. .i.x..r ii,. f. t . r.S RittP:ia. a1rw11Y M . iF. ,b...IArI orh Giep 6a lwA efAI Ide•4 l•r a .i•e re+I•e. TN• .i. tewlleA Id epu M d.er +o hxwA.leg .•{ar powr. - GiYe• 1ba repegrR b of 11 • I,:. ",A .hif, w 14 ...►I. �M heRa re hove a �•I'ry retaiieA re ,M wrre•Aaiy ioAd.e•p.. Nll1y •rrMepe .I ,eh,fp r•i ry K1b..11eA ,A• dN s•.a$ ,eNNAA�� 1 swe rh IuN royogrc �iic ,I,I••,•I} 1•AA tiir dlrtAr►e.e•. Aifil.yri4•eb.i�dlag3u�iley�.i i:e.Adb:rii �ye,e Ter O / / $A- i Sp'®® ROAD B6'f 11Ty F1S�" / / ,v An'� Se�`0 T0•ur t`� /TAENCH 05MUITJ / y ' SEEA EC ENT wDIE26420 YEL CAP 29030 5 VICINITY MAP LOT 7 BLOCK O AREA - 253,370 SO.FT.•%- - S.6166 ACRES •/- VACANT LOT Ar r-D.— .._..�... _ RTIOCATED ENVELOPE g, � - PLATTED wrtoixg oireiori '�----- --1 a ® YFLCAP� rr iW ZSpCONTROL - I w RVILOSNG CtiYE4OPE AREA . RENAIMS THE SAME I ' rvmptf. �P9Y OWNER S CERTIFICATE KNOW ALL PERSONS BY Tt1ESE PRESENTS VT JA$pp A. T1REG6 AtTO MGM& I4. GAEGD. SEiNB IT$ RECORD OWNER$ OF CERTAJN LAND IN THE COTS OF ASPEN. P1TNL14 COUN3Y COLORADO AS DESCRIBED A5: LOT 17 BLOCK O. THE MOORS FAMILY PUD. A PLANNED COW" TY. ACCORDING TO TA PLAT THERC-0k RECORDED AUGUST 10. 19D$ IN PUT BOOK 45 AT PAGE Kt. CITY OF AStEN COUNTY OF PI; 'M STATE OF C,N. RA00 HAVE BY THE PRESENT$ LA46 OUT AND PUTT✓Q THE SM6 AS SNM ON TWIT PUT. AYT By: 'APR A. GREW. OWNER.MN,3OBilEWr- STATE OF COIDNADS COUNTY OF f1TKIN 1 .{.� 1 i T1 1RG 6. CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THISIi4 •HAY OF 20 BY JASON A. BRIM. OWNER. STATE OF COLORADO 1' COUM OF PITKIN I •� �_�."y OWIERB CERTIFICATE IC.AiE WAA$S ACKNOWLEDGED BE'''RE ME TNSS� DAY OF 2D04; L4M N. OREW. OBTiE rs�tx�ir MIT':'Cp W iMtCLON £9�,S1Zi%fB MORTC-WE' S CERT I F I CAF`TE HE T,.T A'Q5341ES C^�B%DYYAND YIIN OJ, 0-0ONIflTLYECO-MRUSTEE3. C/IO KBERTEVIN J 1003 IRReVOCABLE �NNECl_ :IEROLO AND HAINES. P1, 25 INDFPEfKr9910E $LYD.. KARKEN'N.J. 07069. SEINE TIE MR G1AEE OF Ti@ HMEDN..OES %*I PROPERTY AB EVIDENCED BY TNAi DEEP OF f RECOADW AS AEC4IION ND. OR 1NE REAt MATS RECORBE OF PITRIN COW1Y WLORADO fEREBY CONSENTS 0 � ADiii6 OF TNib PLAT. 1 C. BRIAPT. W-TRUITER KEVIPI J. 0" WTRUSTEE STATE OF I la•:fA, l COUNTY JF :A:..4,•I 1 TNT F�OR6WiND NORTOAGEE'S CERTiFIG7E WA ACKNOWLEDGED BEFORE ME THIS L,-DAY OF '�_ 2o0yS BY JAPES C. $RAP AS CO -TRUSTEE. N6TARY Y LIC j['yG� 1 y#•yS$R:. .;... .. f "�+.L,3 "LA�e+1sIIU93l STATE OF c;i a. coLwir l� FLUTE WAS_ACKfOWLEPaEO BEFORE HE TWOS + DAY OF - 0'DOINELL A8 �-TRUST GE SURVEYORS ,TWATOCTBBIS ERP ATOWAS PREPARED FROH A FIELD SURVEY TITL .;4 LAND TITLE q)AR,��TEE. INC ASP E. fKNKINKI / ASPEN. COL 6161 v' NOR STATE OF COLORADO 1 COUNTY IF P17KIM 1 �P bDlNn.71 CERlI SYi 4'S:r4LlV 7 6�v rE eF°LNDET I NOEAY A LE INC. . _ Lms PURmAT3 3f0YSt r r r e NOTARY PU3LIC STAII OT CCj, UM COMMUNITY DEVELOPMENT D!R R OVhL wD....e.EOA. PAaAaep6 HE THig�I�j JTY DEVELOPoffNT DIRECTOR. .T Of RECTOR. EEG ERi yAL YMS n IE TIER®T At ROYEO $r TIRE D, #•9EYG.QDN'eNi BSINEER. TNIS if:.i!�DAY of 2001. 1— 3 1Ta# FIVE TREES HOMEOWNERS ASSOCIATION APPROVAL PEPS IyAi IS PROVED BY TNE, FIVE TiIEF$ S ASSOCIATION. THIS �3 DAYY B00i• k�y—>K RlER S la ... .1�-.A .. -.. CLERK AND RECORDERS CERTIFICATE ('L1 OFINTt NT STATEfPTED �Of R AT1gg�,IDff D IGS Ti1TN ISM DAT DER COIRiT200 AND RORDED�I�N FUT SOON AT PAOE AS RETIdN A F / 2DOS0 I �u'..irA`� CLERK AND R CO���,' OPEN SPACE II II II II. I I I I I I II III :'I 1.05 iz.D S." PREPARED BY ASPEN SURVEY ENGINEERS. INC. 210 SOUTH GALENA 6TAEE EN. 7 ASPCOLORADO 64611 PHONEIFAX 19701 WS-3916 RATE J08 12/04 33312C I • GRAPHIC SCALE so 0 25 50 100 200 ( IN FEET ) 1 inch = 50 ft. PLAT NOTES 1. BASIS OF BEARINGS FOR THIS SURVEY IS A BEARING OF N01'55'59"E BETWEEN THE SOUTHWEST CORNER AND THE WESTERLY ANGLE POINT OF LOT 7, BOTH A NO. 5 REBAR AND CAP L.S. NO. 29030, FOUND IN PLACE. 2. THE DATE OF THIS SURVEY WAS SEPTEMBER 21, 2006. 3. LINEAR USED TO PERFORM THE FIELD SURVEY WERE U.S. SURVEY FEET. 4. THIS SURVEY IS BASED ON THE MOORE FAMILY PUD AMENDMENT AND BUILDING ENVELOPE ADJUSTMENT RECORDED MAY 26, 2005 AS RECEPTION NO. 510581 AND THE MOORE FAMILY PUD, RECORDED AUGUST 10, 1998 IN BOOK 45 AT PAGE 81 IN THE PITKIN COUNTY CLERK AND RECORDERS OFFICE, AND CORNERS FOUND IN PLACE. 5. THIS PROPERTY IS SUBJECT TO RESERVATIONS, RESTRICTIONS, COVENANTS AND EASEMENTS OF RECORD OR IN PLACE AND EXCEPTIONS TO TITLE SHOWN IN THE TITLE COMMITMENT PREPARED BY LAND TITLE GUARANTEE COMPANY, DATED: NOVEMBER 21, 2003 (ORDER NUMBER Q384865). 6. THIS PROPERTY IS SUBJECT TO TERMS, CONDITIONS, PROVISIONS, EASEMENTS, AND RIGHT-OF-WAYS AS SET FORTH IN CITY OF ASPEN WATER SERVICE AGREEMENT RECORDED AS RECEPTION NO. 420481 AND RECEPTION NO. 420482 AND CITY OF ASPEN RAW WATER AGREEMENT RECORDED AS RECEPTION NO. 420485. 7. THE LABELS AND DIMENSIONS FOR THE BUILDING ENVELOPE AS RECORDED IN RECEPTION NO. 510581 ARE CORRECT, HOWEVER THE BUILDING ENVELOPE AS SHOWN IN RECEPTION NO. 510581 IS GRAPHICALLY INCORRECT. CITY ENGINEER APPROVAL THIS SECOND AMENDED FINAL PLAT OF LOT 7. BLOCK G. THE MOORE FAMILY PLANNED UNIT DEVELOPMENT HAS BEEN REVIEWED AND APPROVED BY THE CITY OF ASPEN ENGINEER, THIS_— DAY OF _-----_, 2010, BY: SECOND AMENDED FINAL PLAT OF LOT 7'. BLOCK G, LAmewADTM O?9 FCNNUNIT DEVELOPMENT PURPOSE OF THIS PLAT IS TO ADJUST THE CONFIGURATION OF THE BUILDING ENVELOPE SITUA T €D ON SAID LOT 7, THE ADJUSTED BUILDING ENVELOPE IS 32,060 SQ. FT. AND THE PREVIOUS BUILDING ENVELOPE WAS 32,060 SQ.FT. A PARCEL OF LAND SITUATED IN T H, - NE 1 /a OF SECTION 14, TOWNSHIP 10 SOUTH RANGE 85 WEST, OF THE 6TH P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO LOT I 1 A 25'02'19 \ \1 FOUND #5 REBAR R=130.00' AND CAP, L.S.#20133 L=56.81' T=28.87' \ 30.83' CB=NO2*19'12"E S89'56'17"E C=56.36' 10' UTILITY EASEMENT 6 REC. NO. 420465 INl�il 1 20' PRIVATE SKI TRAIL & PRIVATE SUMMER TRAIL REC. NO. 420465 OQ' A=76'23'39" L=200.00' T=118.03' CB=N31'07'27"E C=185.51' ADJUSTED A BUILDING ENVELOPE LINE SET #5 REBAR AND CAP L.S.#37935 OAP5 / N/ N2p 4�0� sEM% yj0 / PSpNPL( /1jENj / GRAVEL ROAD 1% / LL0 TRANSFORMER TRENCH, CONDUIT & VAULT AGREEMENT REC. NO. 426420 CITY ENGINEER LMOORE DRIVE (30' PRIVATE ROAD do N EMERGENCY PUBLIC ACCESS) O Z tY z i LOT 5 m LO COMMUNITY DEVELOPMENT DIRECTOR APPROVAL P O 'n _N O THIS SECOND AMENDED FINAL PLAT OF LOT 7. BLOCK G. THE MOORE FAMILY PLANNED UNIT Z DEVELOPMENT HAS BEEN REVIEWED AND APPROVED BY THE CITY OF ASPEN COMMUNI TY < Q DEVELOPMENT DIRECTOR. m THIS__ —, DAY OF , 2010, - BY: COMMUNITY DEVELOPMENT DIRECTOR TITLE CERTIFICATE THE UNDERSIGNED A DULY AUTHORIZED REPRESENTATIVE OF LAND TITLE GUARANTEE COMPANY REGISTERED TO DO BUSINESS IN PITKIN COUNTY, COLORADO, HAS EXAMINED THE 11 LE TO ALL LANDS SHOWN UPON THIS SECOND AMENDED FINAL -PLAT OF LOT 7. BLOCK G. THE MOORE FAMILY -PLANNED UNIT DEVELOPMENT AND THAT TITLE TO SUCH LANDS IS VESTED IN JASON A. AND URSULA M. GREGG IS FREE AND CLEAR OF ALL LIENS, TAXES AND ENCUMBRANCES, EXCEPT AS FOLLOWS: DATED DAY OF SIGNED LAND TITLE GUARANTEE COMPANY 2010. PER THIS PLAT E 180.098*1 log LOT 8 409.25' "L /1� LOT 7 BLOCK G } 1 FOUND #5 REBAR BUILDING ENVELOPE NN 5.S 17 AC. AND CAP, L.S.#29030 32,060 SQ.FT. AS LABELED 00 PER RECEPTION I3 NO. 510581 Im IN LOT Imo0 BUILDING ENVELOPE A Iw PER THIS PLAT I rn 32,060 SQ.FT. LO I, BUILDING ENVELOPE AS IZ I GRAPHICALLY DEPICTED ADJUSTED BUILDING PER RECEPTION NO. 510581 ENVELOPE LINE I : PER THIS PLAT I/5�,f8� I, 0g"w 180.09, a BUILDING ENVELOPE 32,060 SQ.FT. AS LABELED PER RECEPTION NO. 510581 FOUND #5 REBAR N86'42'51 "W WITH CAP, L.S. #29030 OPEN SPACE AREA 7 467.21' FOUND #5 REBAR— AND CAP, L.S.#29030 EXISTING FENCE NORTH 1/16 CORNER SECTION 14-13 T10S., R85W BLM BRASS CAP O Ion V) , { ` +d fd S,ilttt v •.� GOLF COURSE Ay: 1 7 ,Aspen I `v ti ,F�t `� ♦ .y .,,fit Water ! •"+aw. �w.I =` .. _ C{.. VICINITY MAP SCALE: 1" = 2,000' CERTIFICATE OF OWNERSHIP AND DEDICATION KNOW ALL MEN BY THESE PRESENTS: THAT THE UNDERSIGNED JASON A. AND URSULA M. GREGG ARE THE OWNERS OF THAT REAL PROPERTY SITUATED IN THE COUNTY OF PITKIN, STATE OF COLORADO DESCRIBED AS FOLLOWS: LOT 7, BLOCK G, THE MOORE FAMILY PUD, A PLANNED COMMUNITY, RECORDED AUGUST 10, 1998 IN PLAT BOOK 45 AT PAGE 81 IN THE PITKIN COUNTY CLERK AND RECORDERS OFFICE. SAID PARCEL CONTAINS 5.817 ACRES, MORE OR LESS. AND SAID OWNERS AMEND SAID LOT 7 AS FOLLOWS: PURPOSE STATEMENT: ADJUST THE CONFIGURATION OF THE BUILDING ENVELOPE SITUATED ON SAID LOT 7, THE ADJUSTED BUILDING ENVELOPE IS 32,060 SQ. FT. AND THE PREVIOUS BUILDING ENVELOPE WAS 32,060 SQ.FT. EXECUTED THIS___— DAY OF _— 2010 OWNERS: JASON A. AND URSULA M. GREGG BY: -- ------ JASON A. GREGG BY:------- URSULA M. GREGG r z STATE OF ) a )ss COUNTY OF n cr LO 3 THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS ---_ DAY OF A.D., 2010, BY JASON A. GREGG. w IL 3 a MY COMMISSION EXPIRES: _---_--- o WITNESS MY HAND AND SEAL o o — — — (N NOTARY PUBLIC STATE OF )ss COUNTY OF 1 THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF A.D., 2010, BY URSULA M. GREGG. MY COMMISSION EXPIRES:_ -- WITNESS MY HAND AND SEAL NOTARY PUBLIC • SURVEYOR'S CERTIFICATE I, FRANK W. HARRINGTON, DO HEREBY STATE THAT I AM A REGISTERED LAND SURVEYOR LICENSED UNDER THE LAWS OF THE STATE OF COLORADO, THAT THIS PLAT IS A TRUE, CORRECT AND COMPLETE PLAT OF SECOND AMENDED FINAL PLAT OF LOT 7 BLOCK G THE MOORE FAMILY PLANNED UNIT DEVELOPMENT AS LAID OUT, PLATTED, DEDICATED AND SHOWN HEREON, THAT SUCH PLAT WAS MADE FROM AN ACCURATE SURVEY OF SAID PROPERTY BY ME AND UNDER MY SUPERVISION AND CORRECTLY SHOWS THE LOCATION SET 5 REBAR AND DIMENSIONS OF THE LOT, EASEMENTS AND BUILDING ENVELOPE AND MEETS THE REQUIREMENTS OF A CAP 1 AND CAP LAND SURVEY PLAT AS SET FORTH IN C.R.S. SECTION 38-51-106. FUTHERMORE THE LINEAR ERROR OF L.S.D CLOSURE IS GREATER THAN 1:10,000. w M M oCq O N Z AST 1/4 CORNER OS., 5 105., R85W BLM BRASS CAP IN WITNESS WHEREOF I HAVE SET MY HAND AND SEAL THIS A.D. 2010. FRANK W. HARRINGTON, L.S. #19598 DAY OF CLERK & RECORDER'S CERTIFICATE THIS PLAT WAS FILED FOR RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY AT _— O'CLOCK—_.M., ON THE DAY OF________, A.D. 2010, AND IS DULY RECORDED IN BOOK _—_, PAGE RECEPTION NO. BY: PITKIN COUNTY CLERK AND RECORDER W Z Q�01- Z >0c7J 00 r W pWZF a°a O 10 z°ate WOJ � � In��m lyf pO N <2 }z0 N z F O O u1p�p J� O � zp0� w rF O t0 FpwWQ O F- JW 7 010 j0 Q U m e LL T m U O UpJWpz 0., m x Z 3 a r 0 L" x w u OD o D_ LU 0 Llj J 2 E Q V O_ z 00 rr 0 V t9 in z ZN a Ib N Obi W OP z W 5 W O _ I. Z �� U z W F0 N O n /I/ry Y.i 41 O� WO Z IL Y m jO V � tn� V 2 Y U13 7 �o ma SQ< HJ �0 O� 0 LL Z `b w 0. O zQ G0 Q Q W Q W I=. PROJECT NO. 2061759.00 0923 WHO;�'1% ♦C%}':��t:�C�111;yr:'�.�i^cl'yYt�+/i � -> BY: DEPUTY i OF '1