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HomeMy WebLinkAboutLand Use Case.8 Ute Pl.0045.2010.ASLU THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0045.2010.ASLU PARCEL ID NUMBER 2737 18 2 65 002 PROJECTS ADDRESS 8 UTE PLACE PLANNER JESSICA GARROW CASE DESCRIPTION FINAL PUD AMENDMENT REPRESENTATIVE STEEV WILSON DATE OF FINAL ACTION 10.1.10 CLOSED BY ANGELA SCOREY ON: 12.03.10 2 737-f' 2- 6 5 - 0 0 - 5-•2 o /D- fri t-1 r doll File Edit Record Navigate Form Reports Format Tab Help `X + r./ 2,, f_l t i , 'J il : . J Jump 1 : . �-) I D I —It c Routing Status Fees Fee Summary. !Main I Actions Attachments Routing History Valuation Arch /Eng Custom Fields Sub Perrmts !Parcels • c Permit type aslu Aspen Land Use permit $ 0045.2310.ASLU ill -- ... . , D N Address 8 UTE PL Apt /Suite o 00 City (ASPEN State CO Zip 81611 R Permit Information Master permit Routing queue aslu07 Applied 8,23/2010 1 n z Project I Status pending Approved 0 E Description FINAL PUD - PUD AMENDMENT ENVELOPE ADJUSTMENT Issued Final Submitted STEEL VNLSON 279 4109 Clnrk Running Days C Expires 2J1 "0!2011 ' Submitted via Owner Last name COTES First name THOMAS 655 MONTGOMERY ST 1700 Phone (415) 354 -9900 Address SAN FRANCISCO CA 94111 i. Applicant CI Owner is applicant? ❑ Contractor is applicant? Last name COTES First name THOMAS 655 MONTGOMERY ST 1700 Phone (415} 354 -9900 Cust 28879 I Address SAN FRANCISCO CA 94111 L Ien er ast name First name Phone () Address AspenGold5 (server) angelas Ykitil 1 of 1 .,, VIA-- A wv,,&,r 4 7 3,S a ?--(2_,0_,:f V 2 VM ct 6, )."„. oi, c.... 64-./ ,..p C)(9 C wg , \q-)\ it. .:141 eV 1214111111 +I; 5 II 1 1 1 1 l 1 ,u I. ( 11;UiI$ HII'1Yl`9I 01!bf�It11 , @P „ it E isR Snr ..- f" 1 1 t 'e ��� 1 x 1 1 7 #; E o ° 6 "` i A a ys ' ° � a = 1 a eat, � O 11 3 I. � 11 1. o t 1 i �kl' 0 1 1 1s } eii5 i}. , 1 J ° � 1 It Z !I 1;1, k ror. , 1 43' '! t7 1 e. n k t t 1 1 1 . ? si LI 1 as. I my l'ii 1 0 / . .1:4.,,,, , t., g 11 -, cap p � I a i 11 d' e„, AI ,:\ im e, z5 O y 1 N s. a` 1 a' — y ^ , n� ^; x 4 ,- - g . e , 5' 0. T a .' , e Y 4'5 1 i, i i i h i. \ C 1 ig tt, i\ 't p rte `�- 081 5 / O o r k ,,, y ;P a U p e 'Q ^r, R 4 S : X \ :ti 4 \ Y �� \ \+ e , ', , '41;f.". 4. j o \ h ".a. �, s » 'S \ ii i �, o a a, A m a � � } " a z t WPM! g'� n9�r R C# qA O ,.I'� Yi3v9� � yZ a 119111111 i' F , �0 � ^^^7W!!! 777...... q 1 x ¢ 1 � it ii 1, 1 iliH 1i I l r( 1; p S el , I: IE t 6 1 1°k,. .. ik 11 1$iig t a { •� ,. 1 0 3 $ i ..j 41 7 h; s _ . p 1 _ 1, � F 1t 4� y e 11 "�$ $� r i 6 81 3 v e g 2 §. x921 s" ' ni: 3 E8 d a , 1 . t1 1 . t 0 t ar i 4 , a 15 8 a i' � r l }, a Milli Ige 1 t "' R ,�.in, , 99 i g} d RECEIVED aur, 232010 ATTACHMENT 2 - LAND USE APPLICATION CITY OF ASPEN PROJECT: COMMUNITY DEVFI OPMFNT Name: 8 Ute Place Envelope Adjustment Location: 8 ute Place,Ute Place lot:2 (Indicate street address, lot & block number, legal description where appropriate) Parcel ID #(REQUIRED) 273 -71- 8265 -002 APPLICANT: Name: Thomas Coates Address: 655 Montgomery St. Ste 1700 San Francisco, CA 94111 Phone #: 415 354 9900 REPRESENTATIVE: Name: Steev Wilson Address: 0197 Prospector RD Ste 2101 Aspen, CO 81611 Phone #: 970 279 4109 TYPE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use ❑ GMQS Allotment © Final PUD (& PUD Amendment) ❑ Text/Map Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA ❑ ESA - 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane ❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/ Expansion ❑ Residential Design Variance ❑ Lot Line Adjustment ❑ Other: ❑ Conditional Use EXIST INC CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) Existing portions of construction outside envelope to be inside adjustments. PROPOSAL: (description of proposed buildings, uses, modifications, etc.) Change the shape of existing envelope,The size will remain unchanged. Have you attached the following? FEES DUE: $ 735 © Pre - Application Conference Summary © Attachment #l, Signed Fee Agreement © Response to Attachment #3, Dimensional Requirements Form ® Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards ❑ 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. c CITY OF ASPEN PRE - APPLICATION CONFERENCE SUMMARY PLANNER: Jessica Garrow, 970.429.2780 DATE: 3/26/2010 PROJECT: 8 Ute Place, Ute Place (Ten Ten Ute) PUD REPRESENTATIVE: Steev Wilson, 279.4109 OWNER: Thomas J Coates TYPE OF APPLICATION: PUD Amendment DESCRIPTION: The prospective Applicant would like to amend the shape of the improvement envelope for Lot 2 of the Ute Place Subdivision (formerly known as Ten Ten Ute Subdivision) with no net increase in the area of the envelope. There is existing development outside of the existing improvement envelope, including portions of a hot tub and rock wall, and a portion of the building. This development must be inside the amended improvement envelope. The prospective Applicant is also interested in amending the PUD to allow for the development of fencing and other features outside of the Improvement Envelope. The lot is part of a Planned Unit Development (PUD). PUD Amendment approval is required to modify the PUD and allow the alteration of the improvement envelope. Approval to apply for both the envelope adjustment and PUD Amendment shall be provided by the Homeowners Association. In addition, a majority of the owners under the PUD must consent to the application. Below is a link to the Land Use application Form for your convenience. http: / /www. aspenpitkin. com/ Portals /0 /does/ City /Comdev /Apps %20and %20Fees /landusea ppform. pdf Land Use Code Section(sI 26.304 Common Development Review Procedures 26.445.100.A PUD Amendment Review by: Community Development Staff for complete application Public Hearing: Not required Planning Fees: $735 for Community Development Administrative Review. This includes three (3) hours of staff review time. $735 for review of an application in response to work completed without permit or in error. Additional time over three (3) hours will be billed at $245 per hour Total Deposit: $735 Total Number of Application Copies: 2 Copies Includes appropriate drawing for board review (HPC = 12; PZ = 10; CC = 7; Referral Agencies = 1 /ea.; Planning Staff = 2) To apply, submit the following information 1 Total Deposit for review of application. RECEIVED pi Pre - application Conference Summary. 4 11f; 2 3 2010 OOMMunffY ppuENT • 0 Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. n 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. Q A site plan depicting the proposed layout and the project's physical relationship to the land and its surroundings. n Completed Land Use application and signed fee agreement. n An 8 1/2" x 11" vicinity map locating the subject parcels within the City of Aspen. n A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application D 2 copies of the complete application packet and maps. n A copy of the approved PUD 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. c 3 RECEIVED CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT AUG 2 3 2010 Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN cor DEVEL NT CITY OF ASPEN (hereinafter CITY) and Thomas Coates (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for 8 UTE Place Envelope Adjustment (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$ 735 which is for 3 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 APPLICANT By: By: Chris Bendon 8 Community Development Director Date: O Z 5 t0 Billing Address and Telephone Number: 655 Montgomery St. Ste 1700 San Francisco, CA 94111 1 0 RECEIVED ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Allf, 2 3 2010 CITY OF ASPEN Project: 8 Ute Place Envelope Adjustment COMMIINITYOFVELOPMENT Applicant: Thomas Coates Location: 8 ute Place Aspen, CO 81611 Zone District: R - 15 PUD Lot Size: .55 Acres Lot Area: (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: NA Proposed: NA Number of residential units: Existing: 1 Proposed: Number of bedrooms: Existing: 7 Proposed: 7 Proposed % of demolition (Historic properties only): NA DIMENSIONS: -NA- Envelope Adjustment only Floor Area: Existing: Allowable: Proposed: Principal bldg. height: Existing : Allowable: Proposed: Access. bldg. height: Existing: Allowable: Proposed: On - Site parking: Existing: Required: _ Proposed: % Site coverage: Existing: Required: Proposed: % Open Space: Existing: Required: Proposed: Front Setback: Existing: Required: Proposed: Rear Setback: Existing : Required: Proposed: Combined F /R: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Combined Sides: Existing: Required: Proposed: Distance Between Existing Required: Proposed: Buildings Existing non - conformities or encroachments: Existing portions of constrution outside envelope to be inside adjustment. Variations requested: Change shape only of existing envelope size to be unchanged. • Resolutions of Architecture) Control Committee o f ...._.. Etc Place Subdivision Homeowners' Association The Architectural Control Committee ( the "ACC ") of Ute Place Subdivision Homeowners' Association (the "110A ") hereby adopts the following resolutions: The ACC has reviewed the development plans submitted to the ACC by Tom Coates ( "Tom ") for certain improvements to Lot 2, Ute Place Subdivision (also referred to as R the Place). Complete copies of such development plans are attached hereto as Exhibit A (the "development plans "). Subject to the terns and conditions set forth below, the ACC hereby approves the foregoing development plans. 2. As originally submitted, Tom proposed to construct a swimming pool in front of his existing residence on Lot 2 and within the improvement envelope reflected on the Final Plat of the Ten Ten Ute Subdivision, now known as the Ute Place Subdivision. (the "existing improvement envelope "). The existing improvement envelope is also reflected 011 Ex 1.1 attached hereto. In order to protect and preserve the visual character of the suhdivision and to preserve and maintain the trees in the subdivision [as required by the Covenants. Conditions and Restrictions of Ute Place Subdivision (the "CC&R's ")), the ACC has determined that swimming pools should not be constructed in front of homes in the subdivision due to the visual impact that such pools would create for the subdivision. Consequently, the ACC requested that 'I'otn consider relocating the proposed swimming pool to the cast side of I.ol 2 closer to Ute Avenue. Tom agreed to such relocation. In order to permit the pool to he built on the east side of his residence, it is necessary to vacate the existing improvement envelope on Lot 2 and establish a new improvement envelope 00 Lot 1 The new improvement envelope for Lot 2 is shown as the "proposed improvement envelope" on Ex 1. I attached hereto. The square footage size of the proposed improvement envelope is the same size as the existing envelope. 3. The ACC views relocation of improvement envelopes as a matter to be undertaken only under limited circumstances. However, because hot 2 has land situated closer to Llte Avenue which will afford improvements to he made with less visual impact to the other homeowners. the ACC has approved the relocation of the existing improvement envelope to the proposed improvement envelope subject to the conditions below. 4. Pursuant to the CC &R's, the relocation of the improvement envelope is also subject to the approval of the Board of Directors of the HOA and the approval of 75% of the owners within the suhdivision. The ACC shall recommend approval of the proposed improvement envelope to both the 13oard of Directors of thc 1I0A and the owners_ 5. Pursuant to the P.U.D. and Subdivision Agreement for Ten Ten lite Subdivision, the relocation of the improvement envelope is also subject to the approval of the City of Aspen_ Tom shall cause all necessary land use applications and approvals to be processed with the City of Aspen in order for the City to approve the proposed improvement envelope and an Amended Plat u be completed) and recorded. Terri or Tom's representatives shall work with the attorney for the HOA in connection with such approval process. All fees and expenses incurred by the attorney for the HOA in connection with such approval process and the completion and recordation of the Amended Plat shall be reimbursed to the HOA by Tom upon submission of such fees and expenses to Tom. i ' • C 3 L. All ACC approvals concerning the FAR reflected by the development plans have been basal upon calculations provided by tom architects, Forum Phi. The ACC has relied exclusively upon the representations made by Forum Phi imd have not performed any independent calculations of FAR in connection with such development plans. All ACC approvals of the development plans are subject to the City of Aspen's calculation of FAR. based upon the City's statutes. rules, regulations and interpretations in effect from time to titne. The ACC has not allocated any FAR that may be available to the 11OA to the development plans submitted hereunder. The ACC hereby disclaims any liability for any discrepancy between the FAR represented for the development plans by Forum Phi and any determination of such FAR by the City of Aspen. 7. The ACC has authorized Tom to proceed with the development plans for Lot 2 provided that all such development activities may only be undertaken within the existing improvement envelope and provided that no development shall occur outside of the existing improvement envelope unit/ such time as an Amended Plat reflecting the proposed improvement envelope is approved by the Board of Directors of the HOA. 75% of the owners of the subdivision and the City of Aspen; and such Amended Plat is recorded. 8. Any development undertaken prior to the approval and recordation of the Amended Plat as required above shall he pertbr ned at Tom's sole risk, and neither the ACC, the Board of Directors of the IIOA or the HOA shall have any liability for any development activities undertaken on Lot 2 prior to the approval and recordation of the Amended Plat. g. 'lire approvals granted hereunder shall be of no force or effect and shall be deemed to he revoked if Tom is unable to secure the Plat Amendment for the proposed improvement envelope. r Josep Faison on f n F, L {. Ly,4 Paul Coaken fi — - - -- Susan Welsch Approved and Accepted: } Tom Coaths L Applicant: Thomas & Linda Coates 655 Montgomery St. suite 1700 San Francisco, CA 94111 The applicant hereby authorizes Forum Phi LLC and its managing partners Steev Wilson and Christopher May to represent him and act on his behalf in regards to any building permits or other City of Aspen Planning Department or Building Department matters in regards to the property at 8 Ute place in Aspen, CO. Please call the below representative with questions. Representative: Forum Phi LLC (970) 279 -4109 swilson@forumphi.com 197 Prospector Rd. Suite 2101 Aspen, CO 81611 ilVtatPe C2 0 Coates Date ATTORNEYS e TITLE GUARANTY FUND, INC. ALTA Commitment Form (6/17/2006) COMMITMENT FOR TITLE INSURANCE Issued by Attorneys Title Guaranty Fund, Inc. Attorneys Title Guaranty Fund, Inc., a Colorado corporation (the "Company "), for valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of the Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. IN WITNESS WHEREOF, Attorneys Title Guaranty Fund, Inc. has caused Its corporate name to be affixed by Its duly authorized officers on the date shown in Schedule A. ATTORNEYS TITLE GUARANTY FUND, INC. C /9. Cry CHRISTOPHER J. CONDIE PRESIDENT • C 3 CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the Proposed Insured has or acquires actual knowledge of any defect lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the Proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named Proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown In Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the Proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to Issue one or more title Insurance policies and is not an abstract of title or a report of the condition of title. Any action of actions or rights of action that the Proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of the Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at <jitto: / /222.alta.org/ >. American Land Title Anorlation Commitment Attorneys Title Guaranty Fund, Inc. COMMITMENT NO. PC201002001202 File No. PC10002738 SCHEDULE A 1. Effective Date: 2/11/2010 at 7:45 A.M. 2. Policy or Policies to be issued: Premium A. ALTA Owner's Policy (06/17/06), Amount $7,500,000.00 $11,935.00 Proposed Insured: Toni Coates Certificate of Taxes Due $25.00 Endorsements: 130 $40.00 Additional Charges: $0.00 Total $12,000.00 3. The estate or Interest in the land described or referred to in this Commitment and covered herein is vested in Eugene Golub and Hanna Golub 4. The estate or interest in the land described or referred to in this Commitment and covered herein is a Fee Simple 5. The land referred to in this Commitment is situate In the county of PITKIN, State of Colorado and is described as follows: See Schedule C attached hereto. For informational purposes only, the property address is: 8 Ute Place, Aspen, Colorado 81611 Winter T. Van Alstine Authorized Officer or Agent 2622 Member Number FOR INFORMATION OR SERVICES IN CONNECTION WITH THIS COMMITMENT, CONTACT: Winter T. Van Alstlne, 715 W. Main Street, Suite 304, Aspen Colorado 81611, Phone: (970) 925 -5625, Fax: (970) 925 -7348 THIS COMMITMENT I5 ISSUED SUBJECT TO THE STATEMENT OM TERMS, CONDITIONS AND STIPULATIONS ATTACHED American Land Title Association Commitment Attorneys Title Guaranty Fund, Inc. COMMITMENT NO. PC201002001202 FILE No. PC10002738 SCHEDULE B - Section 1 - Requirements The following are the requirements to be compiled with: a. Pay the agreed amounts for the interest in the land and/or the mortgage to be insured. b. Pay us the premiums fees and charges for the policy. c. Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured must be signed, delivered and recorded. d. You must tell us In writing the name of anyone not referred to In this Commitment who will get an interest in the land or who will make a loan on the land. We may then make additional requirements or exceptions. e. Payment of all taxes, charges and assessments, levied and assessed against the subject premises which are due and payable. f. A Certification of Taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or an authorized agent (pursuant to Senate Bill 92-143, CRS 10 -11 -122). g. Receipt by the Company of the appropriate affidavit as to new construction and Indemnifying the Company against any unflied materiaimen's or mechanic's liens. h. An ALTA/ACSM Land Survey sufficient In content and form and certified to the Company must be furnished to the Company. Exception will be taken to adverse matters disclosed thereby. L. Warranty Deed must be sufficient to convey the fee simple estate or interest in the land described or referred to herein, from Eugene Golub and Hanna Golub to Tom Coates, the proposed Insured, Schedule A, Item 2A. NOTE: C.R.S. §38- 35- 109(2) required that a notation of the purchasers legal address, (not necessarily the same as the property address) be included on the face of the Deed to be recorded. Note: If the sales price of the subject property exceeds $100,000.00, the seller shall be required to comply with the disclosure or withholding provisions of C.R.S. §39- 22.604.5 (non - resident withholding). Note: Effective September 1, 1997, C.R.S. §30 -10 -406 requires that all documents received for recording or filing In the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one -half inch. The clerk and recorder may refuse to record or file any document that does not conform. Note: All conveyances (deeds) subject to the documentary fee submitted to the county clerk and recorder for recordation must be accompanied by a Real Property Transfer Declaration. This Declaration must be completed and signed by the grantor (seller) or grantee (buyer). 0 • American Land Title Association Commitment Attorneys Title Guaranty Fund, Inc. COMMITMENT NO. PC201002001202 FILE No. PC10002738 SCHEDULE B - Section 2 - Exceptions Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: 1. 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 heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Any claim, which arises out of the transaction vesting in the Insured estate or Interest insured by the policy to be issued hereunder, by reason of' the operation of federal bankruptcy, state insolvency or similar creditor's rights laws. 6. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 7. Any and all unpaid taxes and assessments. 8. Right of way for ditches and canals constructed by the authority of the United Slates as reserved in United States Patent, dated July 3, 1911, and recorded August 26, 1949, In Book 175 at Page 299, as Reception No. 096828. 9. Terms, conditions, provisions, agreements and obligations specified under the Covenants, Conditions and Restrictions for Ten Ten Ute Subdivision, recorded June 19, 1987, in Book 539 at Page 672, as Reception No. 290289, and Amendment to Covenants, Conditions and Restrictions for Ten Ten Ute Subdivision, Aspen, Colorado, recorded July 24, 1981, in Book 542 at Page 240, as Reception No. 291317, and Amendment to Covenants, Conditions and Restrictions for Ten Ten Ute Subdivision, Aspen, Colorado, recorded June 8, 1989, In Book 594 at Page 529, as Reception No. 312225, and Amendment to Covenants, Conditions and Restrictions for Ten Ten Ute Subdivision, Aspen, Colorado, recorded September 18, 1996, as Reception No. 397167, and Fourth Amendment to Covenants, Conditions and Restrictions for Ute Place Subdivision (Formerly known as Ten Ten Ute Subdivision) Aspen, Colorado, dated August 21, 2004, and recorded September 10, 2004, as Reception No, 501772, and Fifth Amendment to Covenants, Conditions and Resu•ctions for Ute Place Subdivision (Formerly known as Ten Ten Ute Subdivision) Aspen, Colorado, dated July 9, 2005, and recorded February 23, 2006, as Reception No. 521143, and Sixth Amendment to Covenants, Conditions and Restrictions for Ute Place Subdivision (Formerly known as Ten Ten Ute Subdivision) Aspen, Colorado, dated September 29, 2009, and recorded September 28, 2009, as Reception No. 563201. 10. Any and all notes, easements and recitals as disclosed on the recorded plat of Ten Ten Ute Subdivision, recorded June 19, 1987, in Plat Book 19 at Page 80, as Reception No. 290283, First Amendment Final Plat of Ten Ten Ute Subdivision, City of Aspen, County of Pitkin, State of Colorado, dated April 8, 1988, and recorded April 14, 1988, in Book 561 at Page 179, as Reception No. 299160, and Second Amendment to the Final Plat of Ten Ten Ute Subdivision, City of Aspen, County of Pitkin, State of Colorado (Changing the Name of the Subdivision to Ute Place Subdivision), recorded April 12, 1991, In Book 643 at Page 896, as Reception No. 331782. 11. Terms, conditions, provisions, agreements and obligations specified under the P.U.D. and Subdivision Agreement for Ten Ten Ute Subdivision, by and between City of Aspen and 1010 Ute Corporation, dated June 17, 1987, and recorded June 19, 1987, in Book 539 at Page 629, as Reception No. 290284. The Owner's policy to be issued hereunder will contain, In addition to the items set forth in Schedule B - Section • d American Land Title Association Commitment Attorneys Title Guaranty Fund, Inc. COMMITMENT NO. PC201002001202 FILE No. PC10002738 SCHEDULE B - Section 2 - Exceptions 2, the following Items: (1) the mortgage, If any, required under Schedule B - Section 1, Item (c); (2) unpatented mining claims, reservations or exceptions in patents or in Acts authorizing the issuance thereof, water rights, claims or title to water; (3) any and all unpaid taxes, assessments and unredeemed tax sales, Note: Colorado Division of Insurance Regulation 3 -5 -1, Section 7, Paragraph E, requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing (and settlement service that is in conjunction with it's issuance of an owners policy of title insurance) and is responsible for recording or filing of legal documents resulting from the transaction which was closed ". Note: Exception 4 of Schedule B, Section 2 of this Commitment may be deleted from the policy(s) to be issued hereunder upon compliance with the following conditions: A. The land described In Schedule A of this Commitment must be a single family residence, which includes a condominium or townhouse unit. B. No labor or materials may have been furnished by mechanics or materlalmen for purposes of construction on the land described in Schedule A of this Commitment within the past 13 months. C. ATGF must receive the appropriate affidavit(s) indemnifying ATGF against mechanic's and materialmen's liens not filed. D. Any deviations from conditions A through C above Is subject to such additional requirements or information as ATGF may deem necessary, or, at its option, ATGF may refuse to delete the exception. Note: The following disclosures are hereby made pursuant to §C.R.S. 10 -11 -122 i. The subject property may be located In a special taxing district 11 A Certificate of Taxes Due listing each tax jurisdiction shall be obtained from the county treasurer of the county treasurer's authorized agent ill. Information regarding special districts and the boundaries of such districts may be obtained from the board of county commissioners, the county clerk and recorder or the county assessor. Note: If there is recorded evidence that one or more mineral estates has been severed, leased or otherwise conveyed from the surface estate of the subject property described in Schedule A of this Commitment, and there is a substantial likelihood that a third party holds some or all of the ownership interest in oil, gas or other minerals or geothermal energy in the subject property. Such mineral estate may include the right to enter and use the surface of the subject property without the surface owner's permission. P SCHEDULE C File #: PC10002738 Lot 2, UTE PLACE SUBDIVISION, according to the Plat thereof on file in the office of the Clerk and Recorder for Pitkin County, Colorado. -; ATTORNEYS TITLE GUARANTY FUND, INC. Committed to Protecting Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. You have a right to know how we will utilize the personal information you provide to us. Therefore, ATGF has adopted this Privacy Policy to govern the use and handling of your personal infomiation. Applicability This Privacy Policy governs our use of the information that you provide to us. It does not govern the manner In which we may use infonnatlon we have obtained from any other source, such as Information obtained from a public record or from another person or entity. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, forms and in other conmunications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our agents, or others; and • Information we receive from a consumer - reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, Including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our agents or affiliated companies. Such affiliated companies Include Attorneys Title Insurance Fund, Inc., ATGF's reinsurer and parent company. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those Individuals and entities that need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy. 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Description of Proposal Lot 2 Ute Place Subdivision Applicant is proposing to amend the shape of the improvement envelope of Lot 2 of the Ute Place Subdivision with no net change in the area of the envelope. The existing development outside the envelope including a hot tub and a rock wall will be moved into the proposed envelope. Since the envelope with be approved by the Homeowner's association and it will reduce the non - conformities of the of this change complies with all the relevant review standards. C Sec. 26.445.100. Amendment of PUD development order. A. PUD Insubstantial Amendments. An insubstantial amendment to an approved development order for final development plan may be authorized by the Community Development Director. The following shall not be considered an insubstantial amendment: I. A change in the use or character of the development. A change in use or development is not proposed in the overall site plan. 2. An increase by greater than three percent (3 %) in the overall coverage of structures on the land. The coverage of the building will not exceed the current maximum allowed coverage. 3. Any amendment that substantially increases trip generation rates of the proposed development or the demand for public facilities. There shall be no effect on the trip generation. The demand for public facilities will not increase. 4. A reduction by greater than three percent (3 %) of the approved open space. N/A the open space will remain unchanged. 5. A reduction by greater than one percent (1 %) of the off - street parking and loading space. N/A Off - street parking and loading space will not change. 6. A reduction in required pavement widths or rights -of -way for streets and easements. No reductions in pavement widths or rights -of -way are required. 7. An increase of greater than two percent (2 %) in the approved gross leasable floor area of commercial buildings. N/A The building is a residential unit. 8. An increase by greater than one percent (1%) in the approved residential density of the development. N/A one unit will remain on the site. 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. No adjustment will be inconsistent with the project original approval. The requested envelope adjustment will not increase the allowable buildable square footage, nor affect its use. This adjustment in t envelope shape is consistent with the goals of the PUD, and has been requested by the architectural contro committee the HOA. 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C H N 0 L. 00 l E S RECEIPT NUMBER 00028209 Account Number: 28879 - Date: 8/23/2010 Applicant: THOMAS COTES k *tt,J 1w` % Type: check # 1454 Permit Number Fee Description Amount 0045.2010.ASLU Aspen Land Use App Fees 735.00 Total: $735.00 eev 4SwN) V ■ % r 1. kct . vin 4312-A to