HomeMy WebLinkAboutcoa.lu.ec.0138 Exhibition Ln.0017-2009 THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER 0017.2009.ASLU
PARCEL ID NUMBER 2735 14 3 16 010
PROJECTS ADDRESS 0138 EXHIBITATION LANE
PLANNER JENNIFER PHELAN
CASE DESCRIPTION LOT LINE ADJUSTMENT
REPRESENTATIVE RUSMUSSEN
DATE OF FINAL ACTION 3.12.09
CLOSED BY ANGELA SCOREY ON 3/09/10
DEVELOPMENT ORDER
of the
City of Aspen
Community Development Department
This Development Order, hereinafter "Order ", is hereby issued pursuant to Section 26.304.070,
"Development Orders ", and Section 26.308.010, "Vested Property Rights ", of the City of Aspen
Municipal Code. This Order allows development of a site specific development plan pursuant to
the provisions of the land use approvals, described herein. The effective date of this Order shall
also be the initiation date of a three -year vested property right. The vested property right shall
expire on the day after the third anniversary of the effective date of this Order, unless a building
permit 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.
Rob and Linda Faktorow, 138 Exhibition Lane, Aspen, CO 81611
Property Owner's Name, Mailing Address and telephone number
Lot 10, Block G, Aspen Highlands Village PUD commonly known as 138 Exhibition Lane.
Legal Description and Street Address of Subject Property
The Applicant received approval of an Insubstantial PUD Amendment request to amend the
building envelope on the lot.
Written Description of the Site Specific Plan and /or Attachment Describing Plan
Insubstantial PUD Amendment, 11/25/09
Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions)
November 29, 2009
Effective Date of Development Order (Same as date of publication of notice of approval.)
November 30, 2012
Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and
revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.)
Issued this 30 day of November, 2009, by the City of Aspen Community
Dev• opmen ! ect.r.
ALAS A•
is Community Development Director
- .410TICE OF APPROVAL
For an Insubstantial PUD Amendment to 138 Exhibition
Parcel ID No.: 2735- 143 -16 -010
APPLICANTS: John and Linda Faktorow
REPRESENTATIVE: Rasmussen Construction
SUBJECT & SITE OF
AMENDMENT: 138 Exhibition Lane, Lot 10, Block G, Aspen Highlands
PUD
SUMMARY:
The applicants have requested an Insubstantial PUD Amendment to amend the existing building
envelope so that a constructed retaining wall will be located within said envelope. The amended
building envelope proposes no net gain of square footage and is minimal in area (less than 100
sq. ft.).
STAFF EVALUATION:
The proposed change to amend the envelope meets the review criteria for an Insubstantial PUD
Amendment (Exhibit A). The changes proposed are minimal.
DECISION:
The Community Development Director finds the Administrative Application for An
Insubstantial PUD Amendment as noted above to be consistent with the review criteria
(Exhibit A) and thereby, APPROVES the request.
APPROVED BY: ^ I GtL4 1 L
ris Beni , Community Development Director Date
Attachments:
Exhibit A: Review Criteria
Page 1 of 2
s"-- I 1IBIT `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, the site is developed with a
single-family residence.
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 0%) 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 (1 %) 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
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306
ASPEN LAND USE CODE
ADDRESS OF PROPERTY: IV�1 •
Aspen, CO
STATE OF COLORADO )
) ss.
County of Pitkin )
(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
26.306.010 (E) of the Aspen Land Use Code in the following manner:
tz_ 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.
5
ignature
The foregoing "Affidavit of Notice" was acknowled ed before me this 30 day
of NO tie-frvu l 200, by 3/ f l/ 'l
WITNESS MY HAND AND OFFICIAL SEAL
CE
0 earl xP APPROVAL My com . ssion expires:
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]au 6 Y, Ali, (bl¢a], (9]01 920.5090. • ••••• e o I • s/ City of Awe, ATTACHMENTS:
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THE CITY OF ASPEN
Land Use Application
Determination of Completeness
Date: July 10, 2009
Dear City of Aspen Land Use Review Applicant,
We have received your land use application supplemental and reviewed it for completeness. The
case number and name assigned to this property is 0017.2009. 138 Exhibition Lane.
❑ 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:
1) Draft Plat issues.
A) A purpose statement, as mentioned in my March 17, 2009 letter, under the title should
be included that reads, "The purpose of this plat is to amend the location of the building
envelope and activity envelope.'
B) There should be a certificate for the City Engineer on the plat as mentioned in my
March 17, 2009 Letter.
C) There needs to be a Dedication and Ownership Certificate on the plat as mentioned in
my March 17, 2009 letter.
D) Again, as I mentioned in my letter dated March 17, 2009, the plat needs to clearly
outline the area of the building envelope and activity envelope that is modified (both
removal and relocation). The new draft does not show that. Previously an example was
provided to assist you in the necessary changes. Please check with the Engineering
Department (Adam Trzeinski) 429 -2783 with any plat changes they may require.
E) The plat note stating, "the purpose of this map is to amend the first amendment to the
major structure location envelope" should be deleted as it is confusing.
F) I would suggest submitting a paper draft of the plat rather than a signed myler until the
draft is approved.
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. Please contact me at 429 -2759 if you have any questions.
ank You,
- nnifer Phe eputy r tre or
City of Aspen, ommunity Development Department
C: \Documents and Settings \jennifep \My Documents \ planning \Templates \Templates \Land Use Cases \Completeness
Letter Land Use.doc
Jennifer Phelan
From: Jennifer Phelan
Sent: Friday, July 10, 2009 4:05 PM
To: 'brady@oraclebuild.com'
Subject: FW: 138 Exhibition
Attachments: 20090710155644924.pdf
Brady: The plat still needs a lot of work. Some of the comments that I included in previous
correspondence were not addressed.
Regards, jennifer
Jennifer Phelan, AICP
Deputy Director
Community Development Department
City of Aspen
130 S. Galena Street
Aspen, CO 81611
PH: 970.429.2759
FAX: 970.920.5439
www.aspenpitkin.com
Original Message
From: Jennifer [ mailto:jennifep@ci.aspen.co.us]
Sent: Friday, July 10, 2009 3:57 PM
To: Jennifer Phelan
Subject:
Jennifer Phelan, AICP
Deputy Director
Community Development Department
City of Aspen
130 5. Galena Street
Aspen, CO 81611
PH: 970.429.275
FAX: 970.920.5439
www.aspenpitkin.com
Original Message
From: Jennifer [ mailto:jennifep @ci.aspen.co.
Sent: Friday, July 10, 2009 3:57 PM
To: Jennifer Phelan
Subject:
This E -mail was sent from "RNPE9642B" (Aficio MP 4000).
Scan Date: 07.10.2009 15:56:44 ( -0600)
1
THE CITY OF ASPEN
Land Use Application IIIII
Determination of Completeness THE CITY OF ASPEN
Date: March 17, 2009
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 00017.2009.ASLU 138 Exhibition Lane.
r our Land Use A ppli c ation is incomplete:
e 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:
\j1. A. letter of consent, signed by the property, owner, is required to be submitted
allowing for Rasmussen Construction to represent the property owner.
./2. Due to the size of the improvement survey plat (8.5" by 11"), I cannot read the details
of the plat. Please submit a full -size plat. -
43. A letter consent, by the HOA, is required to process this application.
4: Draft Plat issues. purpose of this plat is to amend the
A. The purpose statement should read, "the pure
location of the building envelope and activity envelope."
B. There should be a certificate for the City Engineer on the plat.
C. The Aspen Highlands HOA's certificate has an incorrect signature line.
D. There needs to be a Dedication and Ownership certificate.
E. The plat needs to clearly outline the area of the building envelope and activity
envelope that is modified (both removal and relocation). I have included a plat
example for your review. Additionally, I have provided your draft plat to Adam
Trzcinski (Engineering Department) to review for any required changes. You may
contact him at 970 - 429 -2783.
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.
30 �n [ rn�c[ �c f .
C:\Documents and S�itm s jkifi r���Y faila N leig e si �' � � VP 9" 5197
Pruned on Recycled Paper
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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.
Thank You,
C J
Jennifer Phel eputy Director
City of Aspen, Community Development Department
_ I
C:\Documents and Settings \jennifep\My Documents \Completeness Letter Land Use.doc
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ATTACHMENT 2 —LAND USE APPLICATION 1 �
PROJECT: 1, /�tir, 163/7
Name: Ec K-W l
Location: 0 13 g EXV 6- ha/ \ • knei 1-1)* lo /3/ / e 4pcvl
(Indicate street address, lot & block number, legal description where appropriate) /11/4M2 iT
Parcel ID # (REQUIRED) 3: 35 1 L$ 3 l 0)0 I O PUP
APPLICANT: {-
Name: ftb CI avvka t �� ttiak
Address: O 13 R F (hl hiton t,cWne, e
Phone #: Th c23 . 'a SS- °1 CDO
REPRESENTATIVE: ilVELY&2 " �--�
Name: R fl S m R SSe-n COt1 SIVUUh W1 eld't bQ 'Dror`c ' r4:a
Address: Ho% p c, SNItt, Zot Ar-A>cvk cO SI(PZ
Phone #:
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 El Lot Line Adiustment ❑
J1
❑ Conditional Use 'C tl/I P. Ij1 d 0 V ektiC
EXISTING CONDmONS: (description of existing buildings, uses, previous approvals, etc.)
PROPOSAL: (description of proposed buildings, uses, modifications, etc.)
YY)QVe- q(jV/ U ty b(Aild!✓lq envNep . 10 eliriafr. nun/fling INGU1 ' U
ly.e you attached the following? FEES DUE: $
^' Application Conference Summary
lei.' Attachment #1, 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 -13 modeL Your pre - application conference summary will indicate if you must submit a 3 -D modeL
R tit
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT " " 1 1 20 Li i
Agreement for Payment of City of Aspen Development Application Fees MU ' A/ Tv iv t L i\
CITY OF ASPEN (hereinafter CITY) and Nos IA S Sen ronsinl a701
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1. AP LICANT has submitted to CITY an application for wS�7nB y
F rAL17JANII TU($ ot.eY Ct - eui /din, EhVt/v %W
(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 $ which is for _ 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 $235.00
per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date.
APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and
in no case will building permits be issued until all costs associated with case processing have been paid.
CITY OF ASPEN APPLICANT �q
By: era S Vs( rtacrnik&Sev\
By: y�
Chris Bendon I O C C4S*
Community Development Director Date:
Billing Addre s and Telephone Number:
1 108 /le 3 wtt 202
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Fa ktorow Project
The Faktorow project was completed in 2008. After the Improvement Survey was completed, we saw
that we exceeded the Building Envelope in the back with a retaining wall. We also exceeded the Activity
Envelope on the side, also with a retaining wall. Both areas were exceeded by less than 12".
We proposed to move the Activity Envelope and the Building Envelope to enclose these areas.
We have submitted a revised plat showing the proposed Activity and Building Envelopes. We have
taken square footage out of both, so the net gain /loss is zero.
`i 3
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Insurance a , on
ALTA Commitment For Title Insurance
American Land Title Association
(1966)
AUTHORIZED AGENT:
PITKIN COUNTY TITLE, INC.
601 E. HOPKINS AVE. 3mFLOOR
ASPEN, COLORADO 81611
970 - 925 - 1766 -PHONE
970 - 925 - 6527 -FAX
877 - 217 - 3158 -TOLL FREE
E -MAIL ADDRESS:
TITLE MATTERS: CLOSING MATTERS:
TJ Davis- tjd @sopris.net
Tom Twitchell -tomt @sopris.net Joy Higens-joy@sopris.net
Brandi Jepson- brandi @sopris.net (Closing & Title Assistance)
Issued By
elnsurance €ration
Home Office:
5600 Cox Road
Glen Allen, Va. 23060
B 1004268
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
1. Effective Date: February 20, 2009 at 8:00 AM Case No. PCT22404L
2. Policy or Policies to be issued:
(a) ALTA Owner's Policy- (6/17/06) Amount$ 0.00
Premium$ 0.00
Proposed Insured: Rate:
PROFORMA
(b) ALTA Loan Policy- (6/17/06) Amount$ 0.00
Premium$ 0.00
Proposed Insured: Rate:
(c) ALTA Loan Policy- (6/17/06) Amount$
Premium$
Proposed Insured: Rate:
3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the
effective date hereof vested in:
LINDA FAKTOROW and ROBERT FAKTOROW
4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is
described as follows:
LOT 10,
BLOCK G,
ASPEN HIGHLANDS VILLAGE P.U.D., according to the Plat thereof recorded October 15, 1998 in Plat
Book 47 at Page 1.
PITKIN COUNTY TITLE, INC. Schedule A -PG.1
601 E. HOPKINS, ASPEN, CO. 81611 This Commitment is invalid
970- 925 -1766 Phone/970 -925 -6527 Fax unless the Insuring
877 - 217 -3158 Toll Free Provisions and Schedules
A and B are attached.
AUTHORIZED AGENT
Countersigned:
°Mt—
•
SCHEDULE B - SECTION 1
REQUIREMENTS
The following are the requirements to be complied with:
ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the
estate or interest to be insured.
ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly
filed for record to -wit:
THIS COMMITMENT IS FURNISHED FOR INFORMATIONAL PURPOSES ONLY, IT IS NOT A
CONTRACT TO ISSUE TITLE INSURANCE AND SHALL NOT BE CONSTRUED AS SUCH. IN THE
EVENT A PROPOSED INSURED IS NAMED THE COMPANY HEREBY RESERVES THE RIGHT TO
MAKE ADDITIONAL REQUIREMENTS AND /OR EXCEPTIONS AS DEEMED NECESSARY. THE
RECIPIENT OF THIS INFORMATIONAL REPORT HEREBY AGREES THAT THE COMPANY HAS
ISSUED THIS REPORT BY THEIR REQUEST AND ALTHOUGH WE BELIEVE ALL INFORMATION
CONTAINED HEREIN IS ACCURATE AND CORRECT, THE COMPANY SHALL NOT BE CHARGED
WITH ANY FINANCIAL LIABILITY SHOULD THAT PROVE TO BE INCORRECT AND THE COMPANY
IS NOT OBLIGATED TO ISSUE ANY POLICIES OF TITLE INSURANCE.
SCHEDULE B SECTION 2
EXCEPTIONS
The policy or policies to be issued will contain exceptions to the following 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, 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. 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 of record for value the estate or interest or mortgage thereon covered by this Commitment.
6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer
service or for any other special taxing district.
7. Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the same be found
to penetrate or intersect the premises hereby granted as reserved in United States Patent recorded
January 18, 1892 in Book 55 at Page 20 and recorded April 7, 1903 in Book 55 at Page 507.
8. Right of way for ditches or canals constructed by the authority of the United States as reserved in United
States Patent recorded June 25, 1957 in Book 181 at Page 506.
9. Terms, conditions, provisions and obligations as set forth in County Resolutions/Ordinances recorded as
follows:
Resolution No. 86 -39 recorded July 18, 1986 in Book 514 at Page 719; Resolution No. 95 -10 recorded
February 15, 1995 in Book 774 at Page 47, Resolution No. PZ -95 -08 recorded November 17, 1995 in
Book 799 at Page 976; Resolution No. 96 -141 recorded March 19, 1997 as Reception No. 402639;
Resolution No. 97 -7 recorded September 29, 1997 as Reception No. 408929; Ordinance No. 97 -31
recorded November 25, 1997 as Reception No. 411003; Resolution No. 97 -167 recorded September 30,
1998 as Reception No. 422629; Resolution No. 30 (Series of 1998 recorded October 5, 1998 as Reception
No. 422779; Resolution No. 98 -79 recorded October 15, 1998 as Reception No. 423268; Ordinance No.
36 (Series of 2000) recorded November 28, 2000 as Reception No. 449207.
10. Terms, conditions, provisions and obligations as set forth in Use Agreement recorded December 13, 1993
in Book 734 at Page 798.
11. Terms, conditions, provisions and obligations as set forth in Inclusion in Aspen Consolidated Sanitation
District recorded December 9, 1997 as Reception No. 411462.
12. Terms, conditions, provisions and obligations as set forth in Raw Water Agreement recorded October 5,
1998 as Reception No. 422780.
13. Terms, conditions, provisions and obligations as set forth in Water Service Agreement recorded October
5, 1998 as Reception No. 422782 and First Addendum thereto recorded October 5, 1998 as Reception
No. 422783.
14. Terms, conditions, provisions and obligations as set forth in Subdividers Agreement recorded October 15,
1998 as Reception No. 423271.
(Continued)
SCHEDULE B SECTION 2
EXCEPTIONS - (Continued)
15. Those terms, conditions, provisions, obligations, easements, restrictions, assessments and all matters as set
forth in Protective Covenants for Aspen Highlands Village recorded October 15, 1998 as Reception No.
423272, deleting therefrom any restrictions indicating any preference, limitation or discrimination based on
race, color, religion, sex, handicap, familial status, or national origin.
16. Terms, conditions, provisions and obligations as set forth in Residential Amenities Declaration recorded
October 15, 1998 as Reception No. 423273.
17. Terms, conditions, provisions and obligations as set forth in Planned Unit Development Guide recorded
October 15, 1998 as Reception No. 423274 and amended February 6, 2001 as Reception No. 451240.
18. Terms, conditions, provisions and obligations as set forth in Preconnection Agreement recorded October 15,
1998 as Reception No. 423276.
19. Terms, conditions, provisions and obligations as set forth in Collection System Agreement recorded October
15, 1998 as Reception No. 423277.
20. Terms, conditions, provisions and obligations as set forth in Detailed Submission Plan recorded October 15,
1998 as Reception No. 423269 and Plan Maps recorded October 15, 1998 in Plat Book 46 at Page 44.
21. Easements, rights of way and all matters as disclosed on Plat of subject property recorded October 15, 1998
in Plat Book 47 at Page 1.
22. Easements and rights of way granted to the City of Aspen and the Highlands Water and Sanitation District as
set forth in instrument recorded October 15, 1998 as Reception No.'s 423281, 423282 and 423283.
23. Terms, conditions, provisions and obligations as set forth in Trench, Conduit and Vault Agreement with Holy
Cross Electric Association, Inc., recorded January 11, 1999 as Reception No. 426421 and recorded June 6,
1999 as Reception No.431967.
24. Reservation of all mineral rights as set forth in Special Warranty Deed recorded October 25, 1999 as
Reception No. 437004
25. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County
Commissioners of Pitkin County recorded August 25, 1999 as Reception No. 434844 as Resolution No.
98 -254.
26. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. 8, Series of 2000 by
the City Council of the City of Aspen recorded May 1, 2000 as Reception No. 442835.
27. Easements, rights of way and all matters as disclosed on Plat of subject property recorded May 1, 2000 in Plat
Book 53 at Page 12.
(Continued)
SCHEDULE B SECTION 2
EXCEPTIONS - (Continued)
28. Terms, conditions, provisions and obligations as set forth in Shared Driveway Agreement recorded August 17,
2001 as Reception No. 457712.
29. Terms, conditions, provisions and obligations as set forth in Dedication and Assumption Easement Agreement
recorded August 17, 2001 as Reception No. 457714 and recorded October 9, 2001 as Reception No. 459572.
30. Terms, conditions, provisions and obligations as set forth in instrument recorded February 20, 2002 as
Reception No. 464115.
31. Deed of Trust from: ROBERT FAKTOROW AND LINDA FAKTOROW
To the Public Trustee of the County of PITKIN
For the use of : FIRST REPUBLIC BANK
Original Amount : $4,600,000.00
Dated : August 13, 2008
Recorded : 08/15, 2008
Reception No. : 552022
32. Mechanics Lien, as evidenced by Statement of Lien, filed by Great Western Painting, Inc., in the amount of
$14,211.75, recorded December 11, 2008 as Reception No. 554954.
ENDORSEMENT SCHEDULE FOR OWNERS POLICY
ATTACHED TO AND BECOMING A PART OF CASE NO: PCT22404L
SELLER:
LINDA FAKTOROW and ROBERT FAKTOROW
BUYER:
PROFORMA
The following endorsements will be issued in connection with the Policy to be issued hereunder as referenced above:
ENDORSEMENTS: For a fee of: $
For a fee of: $
For a fee of: $
For a fee of: $
For a fee of: $
Exceptions Numbered 1, 2, 3 and 4 will be deleted from the final Title Policy, upon compliance with the requirements set
forth below.
Exception Number 5 is automatically deleted upon recordation of the documents called for on the requirement page of this
commitment.
THE FEE FOR DELETING EXCEPTIONS 1 THRU 4 OR ANY PREPRINTED EXCEPTION IS: $50.00
Exception Number 6 will be amended to read: Taxes for the current year not yet due or payable, upon evidence
satisfactory that the Taxes for the prior year(s) have been paid.
NOTE: A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanic's and materialmens
Hens, executed by the seller and any additional parties deemed necessary by the Company. The company
hereby reserves the right to make additional requirements as may be deemed necessary in the event additional facts
regarding development, construction or other building or work are disclosed to the company that may fall within any lien
period as defined in the Statues of the State of Colorado, and may result in additional premiums and /or fees for such
coverage.
NOTE: A current survey, certified by a Registered Colorado Land Surveyor must be delivered to, approved and retained by
the Company for Deletion of Printed Exception No. 3. (NOT REQUIRED FOR CONDOMINIUM OR TOWNHOME UNITS)
ADDITIONAL INFORMATION
AND DISCLOSURES
The Owner's Policy to be issued, if any shall contain the following items in addition to the ones set forth above:
(1) The Deed of Trust, if any, required under Schedule B- Section 1.
(2) Water rights, claims or title to water. (NOTE: THIS EXCEPTION WILL APPEAR ON THE OWNER'S AND
MORTGAGE POLICY TO BE ISSUED HEREUNDER)
Pursuant to Insurance Regulation 89 -2
NOTE: Each title entity shall notify in writing every prospective insured in an owner's title insurance policy for a
single family residence (including a condominium or townhouse unit) (1) of that title entity's general
requirements for the deletion of an exception or exclusion to coverage relating to unfiled mechanics or
materialmens liens, except when said coverage or insurance is extended to the insured under the terms of
the policy. A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanics'
and /or Materialmen's Liens executed by the persons indicated in the attached copy of said affidavit must
be furnished to the Company. Upon receipt of these items and any others requirements to be specified by
the Company upon request, Pre - printed Item Number 4 may be deleted from the Owner's policy when
issued. Please contact the Company for further information. Notwithstanding the foregoing, nothing
contained in this Paragraph shall be deemed to impose any requirement upon any title insurer to provide
mechanics or materialmens lien coverage.
NOTE: If the Company conducts the owners or loan closing under circumstances where it is responsible for
the recording or filing of legal documents from said transaction, the Company will be deemed to have
provided "Gap Coverage ".
Pursuant to Senate Bill 91 -14 (CRS 10 -11 -122)
(a) The Subject Real Property may be located in a Special Taxing District;
(b) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained form the County treasurer of the
County Treasurer's Authorized Agent;
(c) 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: A tax Certificate or other appropriate research will be ordered from the County Treasurer /Assessor by
the Company and the costs thereof charged to the proposed insured unless written instruction to the
contrary are received by the company prior to the issuance of the Title Policy anticipated by this
Commitment.
Pursuant to House Bill 01 -1088 (CRS 10 -11 -123)
If Schedule B of your commitment for an Owner's Title Policy reflects an exception for mineral interests or
leases, pursuant to CRS 10 -11 -123 (HB 01- 1088), this is to advise:
(a) There is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from
the surface estate and that there is a substantial likelihood that a third party holds some or all interest in
oil, gas, other minerals or geothermal energy in the property and
(b) That such mineral estate may include the right to enter and use the property without the surface owners'
permission.
NOTE: The policy(s) of insurance may contain a clause permitting arbitration of claims at the request of either
the Insured or the Company. Upon request, the Company will provide a copy of this clause and the
accompanying arbitration rules prior to the closing of the transaction.
NOTICE REGARDING CONSTRUCTION FINANCING: If it is not disclosed to the company that the loan to be
insured hereunder is in fact a construction loan, any coverage given under the final policy regarding mechanic
or materialmen's liens shall be deemed void and of no effect.
•
A LANDAMEI&ICA
Dear LandAmerica Customer:
The Financial Services Modernization Act recently enacted by Congress has brought many changes
to the financial services industry, which includes insurance companies and their agents. One of the
changes is that we are now required to explain to our customers the ways in which we collect and
use customer information.
The statement attached to or on the reverse side of this letter is the privacy policy of the LandAmerica family
of companies. The three largest members of the family — Commonwealth Land Title Insurance Company,
Lawyers Title Insurance Corporation, and Transnation Title Insurance Company — may issue policies and
handle real estate closings in virtually every part of the country. A number of other companies in the family
provide other real estate services, and some operate more locally. You may review a list of LandAmerica
companies on our website (www.landam.com). You may also visit our website for an explanation of our privacy
practices relating to electronic communication.
Our concern with the protection of your information has been a part of our business since 1876,
when the company that is now Commonwealth Land Title Insurance Company issued its first policy.
We will continue to protect the privacy, accuracy, and security of customer information given to us.
No response to this notice is required, but if you have questions, please write to us:
LandAmerica Privacy
P.O. Box 27567
Richmond, VA 23261 -7567.
LandAmerica Companies
Title Insurance Companies: Commonwealth Land Title Insurance Company, Commonwealth Land Title Insurance Company of New
Jersey, Industrial Valley Title Insurance Company, Land Title Insurance Company. Lawyers Title Insurance Corporation, Title
Insurance Company of America, Transnation Title Insurance Company, Transnation Title Insurance Company of New York
Relocation and Mortgages: Commonwealth Relocation Services, CRS Financial Services, Inc., LandAmerica Account Servicing, Inc.
Title Agents: Austin Title Company, ATACO, Inc., Albuquerque Title Company, Atlantic Title & Abstract Company, Brighton Title
Services Company, Capitol City Title Services, Inc., CFS Title Insurance Agency, Charleston Title Agency; Charter Title Company of
Fort Bend, Galveston, and Sugarland; Commercial Settlements, Inc., Commonwealth Land Title Company; Commonwealth Land Title
Company of Austin, Dallas, Fort Worth, Houston, Washington, Congress Abstract Corp., Cornerstone Residential Title, Cumberland
Title Company, First Title & Escrow, Inc., Gulf Atlantic, Harbour Title, HL Title Agency, Lawyers Title Company; Lawyers Title of
Arizona, El Paso, Galveston, Nevada, Pueblo, San Antonio, Lawyers Title Settlement Company, Lion Abstract, Longworth Insured,
Louisville Title Agency of Central Ohio, Lorain County Title Company, M/I Title Agency, NIA/ Lawyers Title Agency, Oregon Title, Park
Title, Partners Title Company, Pikes Peak Title Services, RE /Affirm Title Agency, Rainier Title Company, Residential Abstract,
Residential Title, Rio Rancho Title, Texas Title Company, Title Transfer Service, Inc., TransOhio Residential Title Agency, Transnation
Title & Escrow, Union Title Agency, University Title Services, Wilson Title Company
Appraisals and Ancillary Services: LandAmerica OneStop, Inc.
Form 3391 -6 (May 2001)
1
LANDAMERICA PRIVACY POLICY
What kinds of information we collect. Most of LandAmerica's business is title insurance, but there
are companies in our family that provide other real estate services to consumers. We collect
information about you, (for instance, your name, address, telephone number), and information about
your transaction, including the identity of the real property that you are buying or financing. We obtain
a copy of any deeds, notes, or mortgages that are involved in the transaction. We may get this
information from you or from the lender, attorney, or real estate broker that you have chosen. Our
title insurance companies then obtain information from the public records about the property so that
we can prepare a title insurance policy. When we provide closing, escrow, or settlement services,
mortgage lending, or mortgage loan servicing, we may get your social security number, and we may
receive additional information from third parties including appraisals, credit reports, land surveys,
escrow account balances, and sometimes bank account numbers to facilitate the transaction. If you
are concerned about the information we have collected, please write to us.
How we use this information. The company giving or specifically adopting this notice does not
share your information with marketers outside its own family. There's no need to tell us to keep your
information to ourselves because we share your information only to provide the service requested by
you or your lender, or in other ways permitted by law. The privacy laws permit some sharing without
your approval. We may share internally and with nonaffiliated third parties in order to carry out and
service your transaction, to protect against fraud or unauthorized transactions, for institutional risk
control, and to provide information to government and law enforcement agencies. Companies within
a family may share certain information among themselves in order to identify and market their own
products that they think may be useful to you. Credit information about you is shared only to
facilitate your transaction or for some other purpose permitted by law.
How we protect your information. We restrict access to nonpublic personal information about you
to those employees who need the information to provide products or services to you. We maintain
physical, electronic, and procedural safeguards that comply with law to guard your nonpublic
personal information. We reinforce the company's privacy policy with our employees.
Agents that may be covered by this policy. Often, your transaction goes through a title insurance
agent. Agents that are part of the LandAmerica family are covered by this policy. Agents that are
not part of the LandAmerica family may specifically, in writing, adopt our policy statement.
Form 3391 -6 (May 2001)
r-
Pitkin County Title, Inc.
Privacy Policy
We collect nonpublic information about you from the following sources:
• Information we receive from you, such as your name, address, telephone
number, or social security number;
• Information about your transactions with us, our affiliates, or others. We
receive this information from your lender, attorney, real estate broker, etc.; and
Information from public records
We do not disclose any nonpublic personal information about our customers or former
customers to anyone, except as permitted by law.
We restrict access to nonpublic personal information about you to those employees
who need to know that information to provide the products or services requested by
you or your lender.
We maintain physical, electronic, and procedural safeguards that company with
appropriate federal and state regulations.
Robert & Linda Faktorow
1231 Tottenham Court
Reston, Virginia 20194
March 25, 2009
Christopher B. Hewett
President/CEO
Rasmussen Construction Co., LLC
408 Aspen Business Center, Suite 202
Aspen, CO 81611
Re: City of Aspen Land Use
Case number 00017.2009.ASLU
138 Exhibition Lane
Dear Chris,
Please consider this letter as our consent permitting Rasmussen Construction Company to
act as our authorized representative in the above referenced land use case. Should anyone
have any questions we can be reached by phone at 703 - 855 -6900 or by mail at the
address above.
Thank you for your help in this matter.
Sincerely,
•
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Rob & Linda Faktorow
RECE %VED
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A spen Highlands iage Association
Design Review Board
0133 Prospector Road, Suite 4210
Aspen, CO 81611
(970) 920 -2248
May 6, 2009
City of Aspen Community Development Department
130 South Galena Street
Aspen, CO 81611
Re: Faktorow Minor Amendment
Lot 10, Block G, aka 138 Exhibition Lane, Aspen Highlands Village
Aspen, CO 81611
To the City of Aspen, Community Development,
This letter will serve as consent by the Aspen Highlands Village Homeowners
Association of the Land Use Application amending the building envelope and
activity envelope for the above referenced property. The Aspen Highlands
Village Homeowners Association understands the need and purpose of the minor
envelope adjustment and supports it's approval.
If you have any questions, please call our office.
Regards.
By
Gar
Aspen Highlands Village Association
Manager
0311 G10 Faktorow Land Use App Consent Letter 5- 6- 09.doc
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