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Home My WebLink AboutLand Use Case.17 Ute Pl.0018.2013.ASLU0018.2013.ASLU 17 UTE PL 2737 18 265 001 ~*~pud ~#1~1~-~ ~~ 60% PD-05- A ~Uâ‚¬/41 -aâ‚¬ 4 Al 8 1 5<Â£ n &41 4 21 P A Lnl~Jb/t>.A [4Â«â‚¬ 4 1 l) 1.(l zz Ct U THE CITY OF AsPEN 1Â® SOUTH GALENA STREET ASPEN, COLORADO 81611-1975 ~ Printed On Rencltd I'.per F (cida Delue C 7 LlÂ« Aa, ce-- External Media Located Here I,.7.-3 r 3- 9 3 M-007954 ~ .uk-0 -1- 1 . +I -<Â·-~ iÂ· 1 1,%/// 1 1 1 % RMMI .. THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0018.2013.ASLU PARCEL ID NUMBERS 2737 18 265 001 PROJECTS ADDRESS 17 UTE PLACE PLANNER JUSTIN BARKER CASE DESCRIPTION INSTUBSTANTIAL PUD AND AMENDMENT REPRESENTATIVE STEEV WILSON DATE OF FINAL ACTION 6.4.13 CLOSED BY ANGELA SCOREY ON: 7/1/13 ,. 27 3 7 1% 265 00 I 00\8Â·105 Â·Â·4LU Â·, r= 1 = 1,-,6, *4 Permits I file Edit Record Nav;gate Farm Reporis Format Iab Help 7 1 4 Jump l |1 ki U J -- ... --L BL__-0 & Roging Status::ii:Feei Fee Summag F@ Actions Abchments Routing History Maluation Arch.Eng Cu*m Fields ISub fermits -Parcels Pennit type laslu r 'Aspen Land Use Permit # :0018.2013.ASLU I Address ~17 UTE PL Apt/Suite Cay |ASPEN State E~| Zip 81611 ' 2 1 Permit Information -% ~ p ] Mager permit Routing queue aslu07 Applied -03/15/2013 Projec Status ,@nding Approved 0 4 f I Description APPUCATION FOR FINAL PUD Ismed Closed/Anal , : Submitted ~STEEV WILSON 1 Clock ~Running ~ DÂ¥1 01 Expires |03/10/2014 | Owner Last name BURCH FirM name DENNIS PO BOX1860 BENTOf]VILLE AR 72712 Phone () - Address Applicant E Owner is applicant? Il Contradoris applicant? ! Last name WILSON I117 SOUH SPRING ST :. p First name STEEV 202 Phone ~970}2744109 |Cost # 29461 | Addrpqg |ASPEN CO 81611 Lender Last name FirM name 1 1 Phone 1 j - Address I - AspenGoldS (server ~angdas .'lloil__.,' --- 0.0-*945-*00 + lio -00 Cas k = 49 75 .00 lith:# 3%34* Ae 400 4- 72% U ve lio [:11| | sdnol E-) q i ,~ ; â€¢ CITY OF ASPEN ~ Permit Receipt b RECEIPT NUMBER 00033366 Account Number: 29461 Date: 3/15/2013 Applicant: STEEV WILSON Type: check # 66 AND CASH $30.00 Permit Number Fee Description Amount 0018.2013.ASLU Planning Hourly Fees 975.00 Total: $975.00 RECEIVED MAR 1 b 2013 CITY OF ASPEN COMMUNITY DEVELOPMENT 1- Jq,-pr~ L J AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: D~/2 , Aspen, CO STATE OF COLORADO ) ) SS. County of Pitkin ) I, 54424 =LL S (narne, please print) beingor repÂ¢esenting an Applicant to tie 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: 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 at least 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 o f 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. 44- 5- Signature / The foregoing "Affidavit ofNotice" was acknowledged before me this / 9Â·day of c-*1Â»1- , 20_,by 471(lJA S c-c-r-e--~ WITNESS MY HAND AND OFFICIAL SEAL My commission expires: â€¢1~ 151ILF 804 R-@_ fltleaÂ» Notary Public ATTACHMENTS: COPY OF THE PUBLICATION PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested propery right pursuant to the Land Use Code of the City ot Aspen and Title 24, Article 68, Colorado Revised Statutes, pertain- ing to the following legally described properly: Lot 1, Subdivision Ute Place, County of Pitkin, State of Colorado: commonly known as 17 Ute Place, by order of the City of Aspen Community Develop- ment Department on June 5, 2013. The Applicant received approval to amend the Ute Subdivision PUD to adjust the building envelope of Lot 1 thal shifts the envelope toward the back of the property. The changes are depicted in the land use applica- tion on file with the City of Aspen, For further in- formation contact Justin Barker, at the City of As- pen Community Development Dept. 130 S. Gatena St, Aspen. Colorado (970) 429-2797. si City of Aspen Publish in The Aspen Times Weekly on June 13, 2013. [9263870] .vint. db 110 ummately famous father, questions rei Laureate William Though "ioc fford is first and his brother's "My soul has glum nor de] nger Stafford a heartwarm these pockets investigatior and moments that - a book ab er's life." Stafford above all els, 878 10 11 12 20 ~23 ~ .. DEVELOPMENT ORDER ofthe City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit 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 o f this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Dennis Burch, 17 Ute Place LLC, P.O. Box 1860 Bentonville, AR 72712 Property Owner's Name, Mailing Address Lot 1, Subdivision Ute Place, County of Pitkin, State of Colorado; commonly known as 17 Ute Place Legal Description and Street Address of Subject Property Insubstantial PUD Amendment for a Building Envelope Adiustment Written Description of the Site Specific Plan and/or Attachment Describing Plan Approval by the City of Aspen Community Development Department for an Insubstantial PUD Amendment: application received on 3/15/2013; approval granted on 6/5/2013 Land Use Approvaks) Received and Dates (Attach Final Ordinances or Resolutions) June 13, 2013 Effective Date of Development Order (Same as date of publication of notice of approval.) June 14.2016 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 5th day of_June, 2013, by the City of Aspen Community Development Director. 0Â»k q- Chris Bendon, Community Development Director RECEPTIO12: 600199, 06/07/2013 at 10:29:59 ~ 1 OF 2, R $16.00 Doc Code APPROVAL Janice K. Vos Caudill, Pitkin County, CO 1 NOTICE OF APPROVAL FOR AN INSUBSTANTIAL PLANNED UN11' DEVELOPMENT AMENDMENT TO THE BU1LDING ENVELOPE CONTAINED ON UTE PLACE SUBDIVISION, LOT 1 Parcel ID: 2737-18-2-65-001 APPLICANT: Dennis Burch, 17 Ute Place LLC, P.O. Box 1869 Bentonville, AR 72712 REPRESENTATIVE: Steev Wilson, Forum Phi Architecture, 117 South Spring St., Suite 202, Aspen. SUBJECT & SITE OF APPROVAL: Ute Place Subdivision, Lot 1, involving a change to the recorded building envelope. SUMMARY: The owner of Lot 1 requests a building envelope adjustment to pull the existing envelope further south and west, The Ute Subdivision PUD approvals prohibit any encroachments outside of the designated Improvement Envelope except as specified oil the plat. The owlier proposed to pull the existing envelope away from the pond and north property line in exchange for more envelope area on the south and west sides of the house to allow further development iii those areas. STAFF EVALUATION: Community Development Staff uses a set of guidelines to determine the impact of a building envelope adjustment, Two oftlie primary areas ofconcern are potential changes in character of the lot and increased development possibilities. '1'lie building envelope adjustment will not affect the character of the lot in a detrimental way. The ability to develop closer to the public trail is not a concern for the Parks Department. The difference in elevation between the trail and the proposed envelot)e prevents negative impacts to the trail experience. The relocated envelope reduces development potential closer to the pond and Lot 17-R. The proposed developable area to tile south is substantially blocked from view by a stone wall and landscaping. The amendment does not increase the size of the lot or the building envelope: the existing building envelope is 8,264 square feet and the proposed envelope is 8,264 square feet. i Further Staif review criteria can be found as "Exhibit A." i Page I o f 3 .. DECISION: Staff finds that the Insubstantial PUD Amendment application provided by the Applicant, Dennis Burch, 17 Ute Place LLC (represented by Steev Wilson, Forum Phi Architecture) meets the applicable criteria and is appropriate for approval. APPRO~D BY: 0- \3/buc 9- *LE> Chrk'Bentlon Date Community Development Director Attachments: Exhibit A - Insubstantial PUD Amendment Review Criteria (not recorded) Exhibit B - Amended Final Plat, Lot 1, Ute Place Subdivision (recorded) Page 2of 3 .. EXHIBIT A REVIEW CRITERIA & STAFF FINDINGS: 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. Staff Finding: The character of the PUD shall be retained and not negatively altered by this envelope adjustment. The envelope is moving closer to the public trail, but will not negatively impact the trail experience. Stalffinds this criterion met. 2. An increase by greater than three percent (3%) in the overall coverage of structures on the land. Staff Finding: The development potential jor the ne-w envelope remains the same, being that the envelope size will not change. Stafffinds this criterion met. 3. Any amendment that substantially increases trip generation rates of the proposed development or the demand for public facilities. Not applicable. 4. A reduction by greater than three percent (3%) of the approved open space. Staff Finding: The amount of approved open space will not be reduced, being that the envelope size will not change. Sta#finds this criterion met. 5. A reduction by greater than one percent (1%) of the off-street parking and loading space. Not applicable. 6. A reduction in required pavement widths or rights-of-way for streets and easements. Staff Finding: No pavement width or easements are being affected by the envelope adjustment. Sta#finds this criterion met. 7. An increase of greater than two percent (2%) in the approved gross leasable floor area of commercial buildings. Not applicable. Page 3of 3 .. 8. An increase by greater than one percent (1%) in the approved residential density of the development. Not applicable. 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. Staff Finding: The building envelope adjustment request will require a newly recorded plat to reflect the change. The lot and its intended use remain consistent with the original approvals. This envelope amendment does not require a special variation from the approved uses or dimensional requirements. Staff finds this criterion met. Page 4of 3 â€¢ BOOK *03 PAGE 15 0 AMENDED FINAL PLAT --- LOT 1, UTE PLACE SUBDIVISION GANT CONDO . / ASSOC. . 1 - ---~~2~--~- ~ (FORMERLY KNOWN AS TEN TEN UTE SUBDIVISION) / * k- - -- 1 - -- 1-P -- --------~- ----- CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO 12' PUBUC TRAIL EASE. / 5/ PLAT BOOK 19 PAGE 80 - *- _-- - THIS PLAT AMENDS THE BUILDING ENVELOPE OF SAID LOT 1,AS SHOWN HEREON: i j Â°- - ---- LEGEND AND NOTES: a / 6 ---------- CITY OF ASPEN â€¢ GPS CONTROL / I -- I INDICATES FOUND MONUMENT AS DESCRIBED o 1 * 1 - O INDICATES SET NO.5 REBAR & CAP MARKED LS 33638 MONUMENT / GPS-2 1 CUY OF ASPEN '//LOT 5 - ~ AREA OF BUILDING ENVELOPE TO BE VACAED GPS CONTROL i / UTE PLACE FOUND NAIL & - ~ AREA OF BUILDING ENVELOPE TO BE ADDED MONUMENT & 1 17-8 SUBDIVISION GPS-1 WASHER MARKED ~ LS 37972 UTE PLACE OWNER: ROBIN FAMILY LIVING 5VBDI}7SION 1 RUST - DATE OF SURVEY: JUNE 20, 2012 OV,WER: TEN TEN UTE H.O - THE PURPOSE OF THIS AMENDED FlNAL PLAT IS TO REDEFINE THE BUILDING ENVELOPE ON LOT 1, UTE PLACE SUBDIMSION (FORMERLY KNOWN AS L \ ASSOC. O 4 TEN TEN UTE SUBDIVISION), ./ \ - UNIT OF MEASUREMENT: US SURVEY FOOT . te ' 1 20' SHARED DRIVEWAY - BEAR1NGS ARE BASED UPON A FOUND NAIL & WASHER MARKED LS 37972 AT THE NORTHMESTERLY CORNER OF SAID LOT 1 AND A FOUND ' EASEMENT NO.5 REBAR & CAP MARKED IS 32972 SOUTHWESTERLY CORNER OF SAID LOT 3, USING A BEARING OF- N3389'45"W BETWEEN THE TWO DESCRIBED v 3 PLAT BOOK 19 PAGE 80 MONUMENTS AS SHOWN HEREON . 50 - CITY OF ASPEN & Pin<IN COUNTY ZONING: PUD R-15 51 4 /Â«--1/7 r - FLOOD ZONE DESIGNATION: ZONE X "AREAS DETERMINED TO BE OUTSIDE OF 500 YEAR A-OODPLAIN' PER FEMA FLOOD INSURANCE RATE MAP GE | PANEL 204 OF 325, MAP 10 0809700204C o \ \ 1 1 1 ENCUMBRANCES OF RECORD. ALL INFORMAnON PERTAINING TO OWNERSHIP, EASEMENTS OR OTHER ENCUMBRANCES OF RECORD HAS BEEN TAKEN 1 - â„¢IS SURVEY DOES NOT REPRESENT A TITLE SEARCH BY 1HIS SURVEYOR TO DETERMINE OVAERSHIP OR TO DISCOVER EASEMENTS OR OTHER ~ ~~~~" .~< ~ I ~ h \ ~|~ FROM TITLE INSURANCE COMMIâ„¢ENTS ISSUED BY LAND n TLE GUARANTEE COMPANY. DATED EFFECTIVE APRIL 16, 2012 AS ORDER NO. A--- lilli Q62004536-3. lilli N edbÂ· \\\ FOUND NAIL 1 ~ 20' UnUTY EASEMENT , / - ELEVAnONS ARE BASED UPON ON NAVD 88 AND THE CONTOURS ARE AT A l' INTERVAL WASHER MARKED \Â» < 4/42/'.4Â· h 'Â».Â£ .... LS 37972 ~~ 1'~ #'. 4 ---3 c4-T- 21;1~ ImCÂ»a...AN[1_Â£~m,~E. AMENDED BUILD. ENV. BOOK 561 PAGE 179 ~ (8.264 SQ. FT. +/-) WALL ENCROACHMENT - KNOW ALL MEN BY THESE PRESENTS. EASEMENT ; \ r.-1 . 1\ 4/ 4 ~ \ /35/ \ / // I LINE TABLE x < BOOK 626 PAGE 103 i. THAT THE UNDERSIGNEi*14E- ~ate ; U..C_. BONG SOLE OWNERS IN FEE SMPLE OF ALL 11Â·IAT REAL PROPERTY BONG MORE PARTICULARLY DESCRIBED AS FOLLOWS: 1.5 I. --- ../ Â«fi | UNE BEARING DETANCE | 4\ 5-0/ -t<' i LOT 1, UTE PLACE SUBDIVISION (FORMERLY KNOWN AS TEN TEN UTE SUBOMSJON). ACCORDING TO THE PLAT 1HEREOF RECORDED JUNE 19. 1987 IN PLAT BOOK 19 AT PAGE 80 AND Ll N6310'21-E 20.78' - FIRST AMENDMENT RECORDED APRIL 14. 1988 IN BOOK 561 AT PAGE 179 AND SECOND AMENDMENT RECORDED APRIL 12. 1991 IN BOOK 643 AT PAGE 896 'S Â£ K 556-06'47Â»W 11 21, %0\ .-1/ 1 : it 4/// / 1 {fi S3814'14"W 23.98' â‚¬\ \\I / CONTAINING 0.690 ACRES, MORE OR LESS, HAVE CAUSED â„¢E DESCRIBED REAL PROPERTY TO BE SURVEYED, LAID OUT AND PLATrED AS SHOWN ON THIS "AMENDED FINAL PLAT OF LOT 533Â·53'13 5 2.391 , // L26 S5458'53"W 21.54 91 44 41 1. I.*..:Iff.'' 1, UTE PLACE SUBDIMSION (FORMERLY KNOWN AS TEN TEN UTE SUBDIVISION)', A SUBDI'ASION IN THE COUNTY OF PIll(IN. L27 S33Â·53'13Â»E 3.031 .4 \7 . f[ 1 1. 4 L28 S56Â·06'47"W 18.92' ,/ LOT , L29 N33'53'13-W 21.41 , /1 1 1 Le 1/ 1 ]N Â¥,1â„¢ESS WiEREOF SAID OWNER(S) HAS CAUSED HIS NAME TO BE HEREUNTO SUBSCRIBED MS Zâ‚¬5~ - DAY oF f* APT , A.D. 2013. 1 LJO N56-06'47-& 2.291 1\1 391'ep WASHER MARKED SUBDZVISION L31 $Â».53'13 5 56.881 Ill 4 11 FOUND NAIL d UTE PLiACE L32 hi56'06Â·47-5 15 41Â· 10' R.O.W. EASEMENT / FisoN TRusT 0-IERS lyÂ· ._Lw-Â©,--*.0..u_ I viui,el54.._+ . L33 $33'53'13Â·E ~ ~ ~ 9 ~ ~/ < 37972 OWNERÂ· JOSEPH L. & SHERRY 10.461 -&+5:/1 :1 1 L,/ L34 556Â·06'47 w 14.96| PLAT BOOK 19 PAGE 80 te I L35 S33Â·53'13 E 14.73Â· 11 1 -*411 ill F ; i V 411.Lig .. L36 504Â·56'47 E 12.161 5-0- I /1 ) ... ~S 379* 1 \ STATE OF @-M-e) L 37 S56 06'47"W 25.781 - - e \ \1 & 11 1 f 1 35' u-nulr2k COUNTY OFkt'/"OPA ) L.38 S33Â·53'13 E 3.67, %%-- r. *-*1. . A) rI iI 1 4 ; -lt Â·Â·- ......./-*. fc;Aling document E. ocknowledged befor' me th# 2.OM( L39 556 06-47"W 19.67/ 9 â‚¬34 4.3 1 LOT 1 PRIVATE ACCESS L40 N33Â·53*13 W 3.57~ 1/ I /60 : Of i PLAT BOOK 19 PAGE St) j = _ ~ 16:Sday 00. ./'~-4 . 2013. hy 'T~)10, Ex#-'~{ ~ L41 S56556'47'W 6.83, L42 N33'53'13/ 3.501 f '6 -@. UTE PLACE 1- .j | L43 N56Â·06'475 18.12 SUBDI'VISION .T - MINESS my~And and off#clol seal. L44 53353'13*E 55.21 0.690 ACRES * 11 11 L45 Sl 4'28'35Â»E 11.77, %1 \ 10 \ L.46 S33'53'13'E 30.311 49 d / le 7 1 1 InE=u[~~~/ C..Ab CURVE ME \ L \-1- / A j FOUND N/L ~Â¢ CURVE LENGTH RADIUS TANGENT CHORD BEARING DELTA 10 R u *0 1 l ~~ ~*ASHER1IktÂ¥ED i k.Â·nÂ·r 6.2,016Â¢â€¢41 u.Â·.renric., U.1'OIC[D TO TRACTIOC LÂ·m IN n l[ STAT[ or COLORADO, 0n AC[NT AUTHORIZED BY A TTLE INSURANCE COMPANY, DO (21 ~; ~~ %3' I LS 3'79-~2 ~ 17 UT,r f.kc/ LLr FREE AND CLEAR OF ALL UENS AND ENCUMBRANCES (INCLUDING MORTGAGES, DEEDS OF TRUST, / :~ 34 ':/ -60$// i/ HEREBY CERTIFY THAI 1 HAVE EXAMINED THE TITLE TO ALL LANDS SHOWN UPON THIS PLAT AND THAT TITLE TO SUCH LANDS IS VESTEED IN // // 43 4 1 LOT 3 JUDGME~~~,~E~BJENTS. CONTRACTS AND AGREEMENTS OF RECORD AFFECTING THE REAL PROPERTY IN THIS PLAT), EXCEPT AS FOLLOWS: 4 UTE PLACE SUBDIVISION ~~~~~~~~~;DO HEREBY CERTIFY THAT I AM A DATED THIS *Er DAY oF ~|40 All, 2013. OWNER. SUSAN F. WELSCH TRUST PROFESSIONAL LAND SURVEYOR UCENSED UNDER THE LAWS OF THE STATE . i OF COLORADO, THAT THIS PLAT IS A TRUE, CORRECT AND COMPLETE PLAT WALL ENCROACHMENT OF THE AMENDED FINAL PLAT OF LOT 1, UTEE PLACE SUBDJVISION EASEMENT ) 11TLE Zftclriziry'* 42. (FORMERLY KNOWN AS TEN TEN UTE SUBDIVISION), AS LAID OUT. PLATTED. BOOK 626 PAGE 103 DEDICATED AND SHOWN HEREON, THAT SUCH PLAT WAS MADE FROM AN AGENT fil// f f./1 FOUND NO.5 REBAR & *n ACCURATE CONTROL SURVEY OF SAID PROPERTY BY MEE, OR UNDER MY CAP MARKED ~1 1 1 LOT 2 SUPERVISION IN THE FIELD Â¥,IHICH BALANCED AND CLOSED WITHIN A WIT LS 32972 . \ OR OF 1 IN 15,000 (WHICH COMPUES 7,1'TH COLORADO PROFESSIONAL- - / / ill Purg ~ ATTORNEY 134 $32 2/ / / -- / STANDARDS FOR ALTA/ ACSM LAND TITLE SURVEYS) AND CORRECTLY t SUBDIWSION SHOWS THE LOCAnON AND DIMENSIONS OF THE LOTS, EASEMENTS AND < ' #9 -A / / OWNERÂ· U-E PLACE 8 LLC N COLORADO ATTORNEY REGISTRATION NO. STREETS AS THE SAME ARE STAKED UPON THE GROUND IN COMPLIANCE - WITH APPUCABLE REGULAnONS GOV'ERNING THE SUBDMSION OF LAND. \ OUND NAIL &/ / WASHER NABMED / C2a,UbllI~L.Omm,2,1UIL.OmmEZ..8222QYAL O LS 3372/// 11\ THIS AMENDED ANAL PLAT OF LOT 1, UTE PLACE SUBDIVISION HAS BEEN REMENED AND APPROVED FOR COMPUANCE WITH THE APPUCABLE PROVISIONS Of THE IN ,;IN~~ VelERE*~I, ~33 SET MY 'CY.,~)SEAL THIS -28'PAY OF FOUND Nk & / ,- CITY OF_ ASPEN LAND USE CODE BY THE CITY OF ASPEN COMMUNITY DEVELOPMENT DIRECTOR ~WAgIER MARKED ~ THIS113-DAY OF 310~/ 2013. TO THE EXTENT THAT ANYTHING IN THIS PLAT IS INCONSISTANT OR IN CONFUCT WTH ANY CITY OF- ASPEN DEVELOPMENT LS 3172 . - -- 1- = ORDERS RELATING TO THtS PROPERTY OR ANY OTHER PROVISIONS OF APPUCABLE LAW, INCLUDING BUT NOT LUMITED TO OTHER APPUCABLE LAND USE REGULATIONS / 4[rrT![" .'LLOr=TUTTLE. r..0. /9688 13681# Câ€¢ NIC &015041!11.611:3341.r IL ti~MQ~IERS_ASSOCIATIM- AND Bll]LDINA CpDES. SUCH WHEN DEVELOPMENT ORDERS OR APPUCABLE LAWS SHALL CONTOL \ U*Rk.9- VICINTTY MAP ~ THE UTE PLACE SUBDIVISION HOMEOWNERS ASSOCIAT?ON, A COLORADO 2 SCALE: 1~ = 500' NON PROFIT ~PORATION, DOES HEREBY APPROVE â„¢]S AMENDED PLAT. aTY OF ASPEN COMMUNITY DEVELOPMENT DIRECTOR DATED THIS DAY OF --* 4 2013. R.:. 7: =T-~,47**As-.It...7-Â·2-~y .3...9/: 33*F~M--- Â·Â·LrIE' -34Â·i-:fÂ·.1~>?r#*:2.'~cEWrOPf:I.!:fe*[2.,tt,@.~--.i-*,11 .Â·f~Â·-5 . 1 STATE OF ~) THIS-31"DAY OF M Aq 2013. RY ,-,=~0~~-~ arf ENGINEER'S REVEW ... P. f.1.T-Fft:.ffÂ¥*1424<Â©C~ 11: 1#.PILÂ·-7 *NOTE: THE PURPOSE OF THIS THIS AMENDED FINAL PLAT OF LOT 1, UTE PLACE SUBDIVISION WAS REVIEWED BY THE CITY ENGINEER OF THE CITY OF ASPEN AMENDED FINAL PLAT IS TO REDEANE % ) .4 -2:f.#3.5,4. Â·4:hi,4 57,gAIrtpe3~ THE BUILDING ENVELOPE ON LOT 1, UTE COUNTY OF WZRb__ ). -pA d'M.r' PLACE SUBDIVISION (FORMERLY KNOWN \ ..,4 - 4, --1 :.6. 9-: 92*244gnÂ«ok~. 4~.flf... 1 ~ AS TEN TEN UTE SUBDIVISION), \ RE FOREGOING INSTRUMENT WAS ACKNOÂ¥,LEDGED BEFORE ME THISA.1 DAY OF 1!!~2013 CllY ENGINEER ~ BY UTE PLACE SUBDIVISION HOMEOWNERS ASSOCIATON. BY_~~t~W~--~,4~*H-3,~ ~ NTNESS MY HAND AND OFFlaAt- GRAPHIC SCALE MY COMMISSION APIRFS rE/li.N THIS PLAT WAS Fl~~~~FOR RECORD IN THE OFFI~~ CLERK AND RECORDER OF Pin<IN COUN '.Bitt. w Â·li.%6.3.3.: t;~:53..441. Â·2..tiÂ·%? i'.'- 4, ;~,- 3 FE'M.WJ.B..-T -Ubc,u.D 42,_OELOCK THIS .IÂ¥* DAY OF 2013. IN BOOK 1 83. AT PAGE 1 ~y'.~~a~~I ANTO. ik . d. 1.V '1'. &: 4 ..1,/ .â‚¬93!*,- Ik 110 -1 1 JESÂ» 26 14 Vot CAUDILL. .49* i/j 01:43:31 PM, 1 OF 2, R $21.00 Janice K. (IN VER ) / CLERK & RECORDER r <7 Wy#.9 1 Vos Caudill. Pitkin County, CO f?; p.2 ...==5=, NOTARY PUBU RECEPTION#Â· 600025,06/03/2013 at ~ 7 AY -/: I.- : -Â·; (33$ l/ 1 inch - 20 ft . 2 -A/ - 1 1 R" DEPUrY ---=rpy , Dn....f )* n. A J PLATBK 103 PG 15 //Il , i./.-r ,-I 'IM' t..:75.f.' Mohce AC/or.4 ZG Eu!{mul t=, Â¥% ThuhÂ·4 Â¢VNUENT# TUTTLE SURVEYING SERVICES ~le e AMENDED FINAL PLAT 17 UTE PLACE Drown bf JW amy *ai airthon ~sed upon anli 'kreeÂ¢ 1" 727 Bloke Avenue Shts sl,n,â€¢1' â€¢kf~~Am t;%,re Â¥ean qi'92, you Ar,4 0#'g,~, -ch defa 7% ne -Â·4 ma. Grenwood Springs, Colorado 81601 qf~ ochoâ€ž 6,=ed 191= a,4,1 Â«fra t. 1.Uy sw-t~y . comme,Â£,d 77,0, f.'wn * - (970) 928-9708 (FAX 947-9007) LOT 1, UTE PLACE SUBDIVISION ASPEN, CO 81611 D- 05/03/13 from th' date of t.4 cer'+citon sioum TUTTLE SURVEYING SERVICES /OF L Email- je#Ots~Â·-us. com Janice K. Vcs Caudill, Pitkin County, CO PLAT EK RECEPTION#: 600025, 06/03/2013 92//4 DEW 4 . I B OOK 10% PAGE 16 0 5 78 ---- AMENDED FINAL PLAT 7 - ---_ 1 LOT 1, UTE PLACE SUBDIVISION GANT CONDO 0 . ----~ i (FORMERLY KNOWN AS TEN TEN UTE SUBDIVISION) .0 ASSOC. - - 1- . CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO 8- 12'PUBLIC TRAIL EASE. 72 / I PLAT BOOK 19 PAGE 80 4' 4 / THIS PLAT AMENDS THE BUILDING ENVELOPE OF SAID LOT 1, AS SHOWN HEREON: 31 --- ------------ LEGEND AND NOTES: CITY OF ASPEN 11 I GPS CONTROL 1 + INDICATES FOUND MONUMENT AS DESCRIBED 1 MONOÂ»dENT | - 0 INDICATES SET NO.5 REBAR & CAP MARKED LS 33638 ///4/77 - CITY OF ASPEN GPS-2 * 04 0 \ - ~ AREA OF BUILDING ENVELOPE TO BE VACATED .W LOT 5 GPS CONTROL UTE PLACE D>7 MONUMENT -90 . FOUND NAIL & 17-R SUBDIWSION - ~ AREA OF BUILDING ENVELOPE TO BE ADDED n GPS-1 . 4 1 '/ 4 1,/ / 41\ WASHER MARKED Â£71 PUCE 1 OWNER: RODAN FAMILY UVING 2 - b'NM/922 li % LS 37972 SUBDMSION 1 TRUST - DATE OF SURVEY: JUNE 20,2012 3 1 OWNER: TEN TEN UTE H.O. - THE PURPOSE OF THIS AMENDED FINAL PLAT IS TO REDEFINE THE BUILDING ENVELOPE ON LOT 1, UTE PLACE SUBDIVISION (FORMERLY KNOWN AS 4 .11* d 1 !11 ,-#--L Mr, 6 ASSOC 1 TEN TEN UTE SUBDIVISION). - UNIT OF MEASUREMENT: US SURVEY FOOT 20' SHARED DRIVEWAY - BEARINGS ARE BASED UPON A FOUND NAL & WASHER MARKED IS 37972 AT THE NORTHWESTERLY CORNER OF SAID LOT 1 AND A FOUND k * -1 EASEMENT NO.5 REBAR & CAP MARKED LS 32972 SOUTHWESTERLY CORNER OF SAID LOT 3, USING A BEARING OF N33Â·39'45'W BETWEEN THE TWO DESCRIBED PLAT BOOK 19 PAGE 80 MONUMENTS AS SHOWN HEREON. - aTY OF ASPEN & PITKIN COUNTY ZONING: PUD R-15 0 ///2937 ft \ r - FLOOD ZONE DESIGNATION: ZONE X "AREAS DETERMINED TO BE OUTSIDE OF 500 YEAR FLOODPLAIN' PER FEMA FLOOD INSURANCE RATE MAP tâ‚¬*10Â« h /1 / \ 1 1 PANEL 204 OF 325, MAP ID 08097C02048 \ \\ 46\/ / Q62004536-3. \Â» .1 / r.\ - THIS SURVEY DOES NOT REPRESENT A TITLE SEARCH BY THIS SURVEYOR TO DETERMINE OWNERSHIP OR TO DISCOVER EASEMENTS OR OTHER I).1 It )12 \ ~ _ FROM TlTLE INSURANCE COMMITMENTS ISSUED BY LAND -TITLE GUARANTEE COMPANY. DATED EFFECTIVE APRIL 16, 2012 AS ORDER NO. ENCUMBRANCES OF- RECORD. ALL INFORMATION PERTAINING TO OWNERSHIP, EASEMENTS OR OTHER ENCUMBRANCES OF RECORD HAS BEEN TAKEN \1 / FOUND NAL â‚¬ 1 IM. ~ ao. <>f WAGWER MARKED .1/4 9.-C - 1<\ 8 AMENDED BUILD. ENV <Re'A 42,349,1 \\\ 20' UTILITY EASEMENT - ELEVAnONS ARE BASED UPON ON NAVO 88 AND THE CONTOURS ARE AT Al' INTERVAL BOOK 561 PAGE 179 n LS 37972 i --4 (8,264 SQ. FT. +M 1 1 0â€¢ -1 %Â°f~;~~1312 WALL ENCROACHMENT ' -m. 1-2--\\ 01 h \. \ /554/ 1 >>- / BOOK 626 PAGE 103 1 Xhax--4 \ / 1 4.-41' pi EASEMENT , \ LINE TABLE D | UNE BEAR NG DISTANCE ~ ~ 4,4 U-Â»V k,#f < f35=-,ff_-_ ---- Ll N63'10'21 E 20.76' SKÂ·06'47-Â¥ 11 21. IE S.)614'14"W 23.98' S33*53'DE 2.391 L26 554'58'53 W 21.54' 4' 4 1 1,- ~ 9 307 , 4 ~-'tetÂ· I 4%14/ ////3////// 1 L27 S33'53'13-E 3.031 -,v 1ll â€¢:40Â· ~~ k)/l / L28 S56'06'47 W 18.921 r.1, 1 >\ \.3/ 1 / L 29 N.3333'13 W 21.41Â· -Â®11 i W#),r// 7 / FOUND NAH- & LOT 4 | L30 =%11-Â£2' ~3~1~--7* < ly]UEÂ» UTE PLACE & 4.1-1 1/ 1 WASHER MARKED SUBDIVISION 1 L31 FELSON TRUST L32 N56Â·06'47-E 15,41Â· PLAT BOOK 19 PAGE 80 '~461 j .. \,,,.Itil~<F~'~1 11.7- 4* 12 9'~2 10' R.O.W. EASEMENT OWNER: JOSEPH l. & SHERRY 1 U3 S33'53'13-E 101.451 L34 SKÂ·06'47 W 14.96I L35 S3333'13-E 14.73 | L37 $56Â·06'47~W 25.781 L36 S[4Â·56'47 E 12.161 [2 At&?31 19 67, 42 ' 8 /4 3/ ' 1 35' u-nuÂ·,AM PRIVATE ACCESS '40 NQÂ·53'13 W 3.671 LOT 1 f 2 1 4 h \ 11 PLAT BOOK 19 PAGE Eb j L41 S56'06'47-W 5.83 O.. UTE PLACE L42 N33'53'13 W 3.50, \ L43 N56Â·06'47-E 18121 1 14 SUBDIVISION L44 S33Â·53'13"E 552 0.690 ACRES * /09 4 , L45 $14Â·28'35-E 11.77, %1 1 L46 S33'53~13-E 30 311 4. TA 4,~T~1."24 i #BA V i j, 1 CURVE TABLE . FOUND IWL 2 1 CURVE I LENGTH RADIUS TANGENT ~ CHORD BEARING DELTA WASHER MAdKED 9 1 87 85' 98.00 47.13 84.94' N 37Â·29'27 E 51'21'47- (2 | 27.12 70 00' 13.73' 1 26 95' S 22-54'24- W 22'11'40" 11 1 1 7968 - A,L \ 4 \ LOT 3 UTE PLACE 32 /11 1 4,4.l / SUBDMSION 04 1 ,,pri /11 , 4% 1 OWNER: SUSAN F. WELSCH 1RUST 1, m, DO HEREBY CERTIFY THAT I Ay A ~OLO, 'iNS THUU 27#24'NDERRE-r 1203GPIYEES= WALL ENCROACHMENT 2 fl=c-j f)/ \4 \ 4% ' 4 OF THE AMENDED FINAL PLAT OF LOT 1, UTE PLACE SUBDIVISION EASEMENT ' .3 (FORMERLY KNOWN AS TEN TEN UTE SUBDIVISION), AS LAID OUT, PLATTED, BOOK 626 PAGE 103 \ 5 \ DEDICATED AND SHOWN HEREON, THAT SUCH PLAT WAS MADE FROM AN FOUND NO.5 REBAR & 34-ify-1/,3. 7 11" . ACCURATE CONTROL- SURVEY OF SAID PROPERTY BY ME, OR UNDER MY CAP MARKED _,/ 4 1 SUPERVISION IN THE RELD WHICH BALANCED AND CLOSED WTHIN A UMIT L.S 32972 1: --b- 1 \ â‚¬1 -U#S~ / * -- / / 67Â£ PLIC:F ~\~ OF 1 IN 15,000 (WHICH COMPLIES WITH COLORADO PROFESSIONAL LOT 2 STANDARDS FOR ALTA/ ACSM LAND T111Â£ SURVEYS) AND CORRECTLY (10 9I\/-1 --- SUBDIVISION SHOWS THE LOCAnON AND DIMENSIONS OF THE LOTS, EASEMENTS AND / STREETS AS THE SAME ARE STAKED UPON THE GROUND IN COMPUANCE e. 11 --\- / / OWNER: UTE PLACE 8 LLC \ 1 FOUND NAIL &/ / WITH APPUCABLE REGULADONS GOVERNING THE SUBDIWSION OF LAND. 4 WASHER IABMÂ£D / \,1 LS 37~7*'~~-' ~ IN WITNESS WHEREOF, 1 HAVE SET MY HAND AbleÂ·.SEAL THIS 2-~~p,AY OF FOUND NAIL & ~ 1 Al AY , A.D., 2013. AC \ d-7T- i WASHER MARKED hle_) C Â¢LbLLL LS 37972 deFFReÂ¥ * l[14 TUTTLE, r.LO. #33632 0/Au Id c. ./44./.a.vAL.19*r,g- 1 - /:SIGAâ€¢.. 1 0 --- I c81 60771.A Â£ L. VICINrrY MAP 1% M .Elify-_ Â£ \ SCALE. 1Â» = 500' 19%&4..212Wj9~.~~2* ~1'li-,41,~:''Ill--1 JJ{ 7,~--, -~.~11'' Â¢)1*4Â¥/ \ 1 â€¢" >*24.-~~;,4 - - 11 3 / 2ID*%URPOSE OF THIS ~ AMENDED FINAL PLAT IS TO REDEFINE 1 THE BUILDING ENVELOPE ON LOT 1, UTE j ....xi,Â· .2.-2.272;:>bit--1~'L.c ~;~' ~:~.:......,.~Ekill:I .T. ..f..I -29 1 PLACE SUBDIVIWON (FORMERLY KNOWN ~ 2.1/1 44,< .,g.â„¢Â·,- v:.2:11Â·.JKâ‚¬.0 4.422 ~ AS TEN TEN UTE SUBDIVISION), 4Â·i, 1., ....1. 1 0% 413.1'5 36:fi- FAAÂ·f. Â·Â·492Â·41%.3. Atir r r- GRAPHIC SCALE 1-1 ;1 1. / 0 ...'.f .1 4,4~ y ':....1,. f .1 :If 47 3"Â·4 'i;94.:/ 2 20 0 10 - 40 , N (oin:Er ) l inch - 20 ft . l '----*Si-I ' ' '''Af . ~i'Â·Â·~~ ''. ! t.~.2/74~: j4 ~'.' Â· / j.iÂ£74t :lUci TUTTLE SURVEYING SERVICES AMENDED FINAL PLAT 17 UTEPLACE 2 *=:V . BbÂ·ado lf=. vou must coilrnâ„¢al -y *. *Mon *ased gon any de*ct i. 727 Bhuke Avenue Drown by. ow fALs â„¢,wy w~hin three yea,r <Â¢Zer F. .hint digote, sta der- In ne even: may Glenwood Springs, Colorado 81601 ,:= ':al.:..3~Urn==& 8271,2 y. - (970) 928-9708 (FAX 947-9007) LOT 1, UTE PLACE SUBDIVISION ASPEN, CO 81611 Date: 05/03/13 from V. dat, of .. r'.0.....M.n TUTTLE SURVEYING SERVICES 1.92 .8'mail- iely*tss--us.com Caudil Pitk 01:4 -3 PM, 2 OF 2 , Janice K. Vos 030.83' 466 - .... 11 1 / 1 / / 1 ll i o 1 1 / 1 j :11 / 1 /11 li 0 / 1 11 / , FORUM PHI / / 11 117 South Spring Street. Suite 202 1 Aspen. Colorado 81611 / i i il P 970.279.4157 F: 866.770.5585 1 / 1// \ \ -2Â» 17 Ute f \ 17 Ute LLC %25~52 1 17 Ute Place \i Aspen, Colorado 81611 \\ 1 i \ -&91â‚¬19ft[VEwa.EAREMBIL - ------ --- / -/0--\ \ \ \\ / 1, .\\ \ 6 /// 11/// - -----Â«92 % LA . I 1911 _1919-~~ . r94\ \%\ \ 4ZA . BER!55'3112% _ L SPILL WAY h h\ \\ ~ 7969 h \13\ %47/0 44Â» 0 - ....TREE TO BE REMOVED -Â·--Â·1 ~~~- f -4-Â«PROPOSEDENVEL.~ , ri- 1 P \0 \ TREE TO BE REMOVED 1 29 1 \\ CONSULTANTS 4 \ -----/0 -/----1 ~ - 4.' ' Tuttle Surveying Services 4 SURVEYOR ! ,-TREE GROUP TO BE .41,!OV.4 4 4 94 "A \ \ W -- 1 1 . 1. â‚¬3\ '4\ <14% '>, ~ 266 Heatherlane. POND EXISTING ENVELO+A' . Glenwood Spirngs, CO 81601 WATER LEVEL , P \1 P: (970) 928-9708 7965 6 +A \ \ \1 .0/ % TREE TO BE 'E~~\ ~r.- TREE TO BE REMOVED , \ 24-iN i i \ \\\' GROUP OF TREES TO BE REMAIVED-~ j TREE TO BE R --1 Â£ 1 1 111 Ii' 1 ; . \\th Carbondale. CO 81623 \ F: (970) 947-97007 CIVIL \ r==1- Li:~ , : \\13\ \\ Rearing Forl Engineering N. i! 1 1 11. \ 11 \ ~ TREE TO BE REI,;10 . '21-5 N \.1 .\37: 1 1 1, p'.11 1! :11 POBox 1117, 1 0 1 d' 1 IO .zz=n.14<t- ~-:- ..i_____ POND *4\ t.,ex \\ 5020 County Road 154 N~11 ,\ GEOTECH \ I P: (970948-7474 I. HP Geotech \\ r \ \ ' ~~ ~ ~ ~ ~ @Fr~ 'I ' = ~hj ~ ~ .t ~ i Glenwood Springs, CO 81601 7 -1 F-: 9 ~~ : AREAWAY ' i ~| LOT 1 a l FÂ· (970) 945-8454 pÂ· (970) 945-7900 TREE TO BE 1 1 1 1 111 ! ' 11 lt'' . \I ./ Â£ UTE PLACE STRUCTURAL EXISTING ENVELOPE 2' L'' 11 I t 11 ~ 1 li 8 1 12Â· POND SETBACK eu l EVOLVE Structural Design -4, PER HOA REGUIREMENTS V BDIVISION . \ 0.690 ACRES +/- ~ ~ P (303) 670-0028 P,Ul'Vatit=*.Lult -_~2-1221 ' Â· Evergreen. CO 80439 TREETOBE REM~ \ca ~ \3 ~ ~ - I-~-1 'v i \,1,~ 29029 Upper Bear Creek Road,#308 10 1 1 1 C: (720) 626-9201 TREES TO BE REMOVED , 2 / 1 1 1 i li\ CONTRACTOR 0% 7 V- 2 ....'i / 4~-0 1 1 Il Aspen Constructors Inc. TREES TO BE REMOvED < .)\\ .i 309 MBC. Unit G - - 25 i E 2 - EXISTING ENVELOPE Aspen. CO 81611 TREE TO BE REMOVED . Ph 970-925-7608 04.11 \ TREE TO BE REMOVED DRAIN 7963 68' ~-~ ~ - --- 6-L5----kij / ' ' TREE TO BE REMOVED \ /// ~I ~ ~ 4/15/2013 DATE OF PUSICATION TREE TO BE REMOVED 1 5 1/ $ v ; ~~- DRAIN: 7965. 1 PA Tia L_j LI Ul ~ - 1 1 1 | ~ WATER | ~: ouTIVIR 51 3*i .1 / 4 1 - 44& / I + -- TREE TO B[ REMOVED -- _p|EEAT.UaE j~ _--_.-_ - .17,4 7967 ./. 1 SCOK.3 1 1 ---r- -- /PROPOSED EWELOPE ~ L___J - - j. PROPERTY LINE ~ ~ ~ ~|~ TREE TO B[ 'Ct.IC'.'[[ '0 f, 11 'i'. 44 .h=-7 1 , 1. ; V 4.j *t TREE To DE R[Mo'.'CD r CO M/D/YY PERMIT \ ..,/ 6- / i PROJECT NO: 1206 1 2 7967 COPYRIGHT FORUM PHI, LLC 796 TREE TO BE REMOVED F WALL ENCROACHMENT EASEMENT DRAWN BY: SMW -1 1 00& , 1, --- -- .-7968 E-- \\ 0 ' f \ --- PRO ERTY LINE 10 -2 --- J UTE AVENUE ~ SITE PLAN 3/32" = 1'-0" SHEETTITLE L_rL[-1__1 1 0 Z Z23 SITE PLAN 1NallaSVE Alll;ln .0-.02 1\481'0\~~---:__ HOT TUB .. Memorandum Date: April 8, 2013 To: Justin Barker, City of Aspen Planning From: Brian Flynn, Parks Department Re: 17 Ute Place, Building Envelope Adjustment Tree Permit: If a tree(s) is requested for removal, the applicant will be required to receive an approved tree removal permit per City Code 13.20, this includes impacts under the drip line of the tree. Parks is requiring that the tree permit be approved prior to approval of the demo and/or building permits. If a permit is necessary, contact the City Forester at 920-5120. Mitigation for removals will be paid cash in lieu or on site per City Code 13.20. Parks will approve a final landscape plan during the review of the tree removal permit based on the landscape estimates. Tree Protection: 1) A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site and their represented drip lines. A formal plan indicating the location of the tree protection will be required for the bldg permit set. No excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree remaining on site. This fence must be inspected by the city forester or his/her designee (920-5120) before any construction activities are to commence. As referenced in Chapter 13.20 Public Trail and Public Trail Easement: Access to the public trails is prohibited for any activities related to construction and development of the site. All new plantings should be planted appropriately so that the planting does not encroach into the trail easement. 0 0 4 POLICIES REGARDING BUILDING ENVELOPE ADJUSTMENT R-EQUESTS WITHIN THE CITY OF ASPEN Revised March 17,2004 I. Purpose of Regulations. The purpose of the policies contained herein is to establish reasonable guidelines and standard -procedures for evaluating building envelope adjustment requests in the Planned Unit Developments (PUD) that have been annexed into the City of Aspen from Pitkin County. These regulations shall be read in conjunction with Chapter 26.445.100 of the Aspen Municipal Land Use Code and are not intended to supercede the regulations for PUD amendments as are set forth therein. Manv of the properties contained within the planned developments, which the City of Aspen annexes from Pitkin County contain building envelopes that are intended to protect and preserve native areas or features before, during, and after the development of these properties. These policy statements are being acldpted in order to: a) Establish consistent procedural protocol for evaluating building envelope adjustment requests within the Confines of the existing PUD amendment legislation in the City ofAspen Municipal Laid Use Code. II. Background. A.building envelope adjustment request on a property that is located within a _PUD is typicily reviewed as a PUD amendment. Section 26.445.100 of the Aspen Municipal Land Use Code establishes two (2) different review processes for PUD amendment requests. One process involves a review by only the Community Development Staff and Director, and the alternative process involves review by the Planning and Zoning Commission. The determination as to which process is applied to a PUD amendmentÂ· request is made by the Community Developulent Staff based on the magnitude of the request. A minor PUD amend+ent request may be reviewed administratively if it is found not to be out of compliance with the following standards: 1. The request may not involve a change in the use or the character of the ' development. 2. The request may not increase the overall coverage o f structures by greater than three (3) percent. o. The request may not substantially increase trip generation rates or the demand for public facilities of the proposed development. 4. The request may not reduce the amount of approved open space by greater 1 than three (3) percent. 5. The request may not reduce the amount of approved o ff-street parking and I loading space by greater than one (1) percent. i 1 1 0 0 3 i 6. The request may not reduce the pavement or right-of-way widths or easements. 7. The request may not increase the approved gross leasable floor area of commercial buildings by greater than two (2) percent. 8. The request may not increase the approved residential density of the development by greatet than one (1) percent. 9. The request may not be inconsistent with any condition or representation of the project's original approval or which requires granting a variation from the project's approved use or dimensional requirements. III. Procedural Policy. In the case of most building .envelope adjustment requests, the only review standard above that is discietionary in nature is Number 1. That being the case, the consistency of a request with the character ofthe original approvals often determines whether a buildin.g envelope adjustment is reviewed administratively or warrants review by the Planning and Zoning Commission. Therefore, the following policy guidelines have been establis-hed to aid the Community Development Staff in determining whether a building Â·envelope adjustment request is consistent with the character o f the original development approvals: 1. A building envelope adjustment request should not increase the overall spatial area of building envelope oh the subject property or properties if the request is to be reviewed administratively; and, 2. The Applicant of a building envelope adjustment request should first obtain a letter of approval from the respective Homeowner's Association from which the property is governed by, for the request to be reviewed administratively; and, 3. A building envelope adjustment request shall be reviewed by the Community Development Staff in conjunction with the City of Aspen Parks Department Staff to determine whether the requested adjustment - would lead to the destruction of significant native vegetation and land features in which the specific building envelope was established to protect. The application for a building envelope adjustment shall clearly show that the request will not disturb significant native vegetation, for it to be ~ reviewed administratively; and, 4. A building envelope adjustment request shall not affect the allowable ~ Floor Area Ratio (FAR) on the site for the request to be reviewed ~ administratively. Any building envelope adjustment request not found by the Community Development Staff tb adhere to the above policy statements shall be reviewed at a public hearing by the Planning and Zoning Commission as is provided for in Section 26.445.100(B) of the City ofAspen Municipal Land Use Code. 2 f - Ir is recognized in developing the building envelope adjustment policy statements contained herein that during the construction and construction planning processes, slight J variations may occur from the approved plans. And in certain situations, it is recognized 1 that these variations from the approved plans may carry development outside of the I designated building envelopes. That being the case, it should be noted that the.PUD amendment section of the land use code does not distinguish between PUD amendments that are requested to legalize proposed improvements and those amendments that are I requested to legalize existing improvements that were made without first obtaining the appropriate approvals. Tb.us, in determining whether.a building envelope adjustment request should be reviewed administratively, it should not make a difference as to whether the request is needed to legalize a proposed improvement or an existing improvement that was constructed without first obtaining the appropriate approvals. However, it should be clear that staff does not condone developing without approval and that any building envelope adjustment to be approved administratively for an illegally constructed improvement shall contain a condition of approval requiring that the Applicant obtain any and all relevant building permits and inspections needed to legalize the iInprovemerlt. Adso, as a deterrent to develop outside of a building envelope without first obtaining approval, staff shall impose. the double-fee penalty provided for in the International Building CodeÂ· for any permits needed to legalize thd improvement made outside of the building envelope. h:jamesl_folder_building_envelope_adjustment_policiesdoc W .... 2/ â€¢44, 'Boo K jq Fage-80 TEN TEN UTE SUBDIVISION bqi*-:. ' CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO a 5a.BEZEd///3//ril 1. [bei hetet, plat ant &#divide the ate,e-described real *0\44 property into Ints 1 thrixigh 17-R, and n.lt Parcel A, 1#r â„¢n Ute 1 *ubdivision, City of Aspen, ax*Ity of Pitkin, State of Colorado, ehowl 1, Patricia E. Maddalone as Attorney- ard noted herear. ir-Fact. for Fredric A. Menedict. Pabierine DCR SUBD. 4 #z ' Benedict, Fred C. Larkin, Lucetta M. Larkin, 2. Dies herety grant for the benefit of the public the Public Peter C. Ebylan aa August J. Rirkart, and M 942-24 ~ .* /4 9 \\14 ~ CALDERNOOD .73 trail Zae-ent described on the Plat. Provided. tâ„¢ever, that the use an individual, being th, beneficiaries of a SUBD. 14"/ of this easerent by the Flblic is Â¤ofeitioned â€žpon the aonstruction of Deed of Trust rn the property hereinaÂ»ve N80â€¢34'42'E 382.32 a trail between the East Property boundary arld the Riring FoR River, described, hereby cDnsent to and approve t:he 1 1 Â¥ EASEWENT linkirg this trail bo the Astlen Club Trail, the construciton of the lu NL 1 188.00' 42 00' f 4/ X _-- Â¢ 20'unLM W M or f iling of this Final Plat for Ten Ten ute Gordon Bridge with m -soclate Bblic right-of-ay to State Highway Subdivigion, in accordance with the condit icrli: 4!P z~ /I1r MA,l. EA~,E)Â¥, -- .Le ~.-- t. ..96~ \1% 14, 44 N90.00'00"w ~ 01% / 4/ 1 T 80 00Â· 1 & 82. City agreee that it will save ad hold ~,rer harmless fran all appearing h.on, hut shall not b. liable for 50 100 150 ..:/17~ t - clatis, cause, of action suits, dainages or demands â€¢,hatioever in law . any of///71*Illigations met forth on this Plat 1 0 /~ - k and in eguity -tch -y arise out of or as a â‚¬vnsequence of City's M-- 10 i b 0-intaining, repairire ard utilizing the easement Frenises a,6 -11 as or tr, the RuhdiviMion I,r~Â·ovements Agreement. A."i EÂ· lÂ¥,E. SCALE IN FEÂ¥1 O,Â· 1 it >r ,5 40.F, 77 1 6 public cceupancy =! u- of the trail. \A and -al thi' /9Â£/Illy of,69..4-__. IN WrINFES WHOEOF, I have Bet my hand 17-R 92 -2 3. mel her,4 grant i ten foot {10') .Ie-ent bo the -imting 1987. , 111 3/r , 17 ok,rinÂ©, 02 tiÂ» Foject - RE,re elearly to,m <m the Final Plat. 5 \\ . 4.0.Â«~ ff)96: / NgoÂ·00'00/ & ute Avenue right-of--y from ew *age of Yhe Gant Condominlili to the 80.0/' , (Aftevia/*ff/7 ..0 B=-r--9-f-lk Â«,1 r Lot 1 + mâ€¢* Subdivilion. Owner herity reser- the tight to ametruct ually ard ar. Attorney-irÂ»Fact 4%3:f A r the #,3/0*"Mi which viden ute ki.". Cmer furrther remerves the 1.1 ' right 00 -intain the larticaping in thi Ute Avenue rightof-way. RIME oF CONJRAEO ! 3 4-/4, 1 41. 4. Doee hent, grâ€ž,t to the Ablic u-r the utiltty Immemants (2[Xl'r"i OF 1 t Â·47 I 2/ 1 SS. ....14- %'><9 C--**2*--/trk_ \ 55". shin hirion Nr their intended u-, FiviNd the utility ease,Ianta be- .atiâ€ž,- ccne Fert of a Flblic utility *ystem. The forenoing instn,nent ws*')I~Ill/#Ow before me this Â£21'day of J-'1'.4.,~2, 7*~ / / 3-6 Â£ 35' UTUTY 8 PRA{,27Â·E -yan i h,q .: -/4 j i &1~ .','- ACCESS EASEMENT 5. kee herety grit a r,c,reclulive ea-ent for ingress /5 by Patricia E. Mardelalone, indivicialq~91I1H Â·as / 4, 1 9,200 fr 4 0/ P .imilar .mpng Rmit- . 0.0.. now et hereafter -rvicing Ten Yp egri- to all police, iheriff, fire protectic,i, â€¢*ulizw -d other Attorney-in-Fact. 5, 13? , , Ten 0,0 *Mivilion d iti =identa. te enter gn all Private Pcoess WITRESS my hard and official acal. 1662 4 . 72/ /7,3 3, m ; / i ,~' ~~ '4* 4 8 VtÂ»t '' ' 7 11 1 ./ J - C.fl '' - 1:3.fil . 8 -0-enti -d driviveys located in len Ten Ute Subdivtâ€¢ion and I -ty My cumission expires: ~-AS-/9 ' 'Pe property in - in tto -division in the laâ€žbil lerfor-00 of their 1, 41 \. U 4 \ M Mothy Aklic 1 :1 4 ' : . 0 6. INS hereeÂ¥ grant to d. M,ec-,ers Amlociation perp,tual , 1 r--1-irn *,0-ent, over -d acre- knda, I/16,caping and Maintenance Eas-ent CITY A-CaL jo< AC]CZM,00 8 .. . 6 i #1 i,se,7~ '~4~~-9 M. f ~~ ./ 02 /2 /' '*449. 'f ,\ 1,111% C 1, Ill <A Areas Wich i *ill include M not bi limited to ponds, greenâ€¢pace /l kil 3 11 2,1 :43:35 ;-3 6 ./ lardsceping, irrigation lines -8 lito-, land,cFing planting, coNâ€žKn thts Final Plat of In Ten Ute M,division \ I./ ./ V sit, lighting, retainine walls, fencing, entry featur-, LB,dergro,d ard the me-ment dedicatiori ahcÂ»n -d noted \ pcver lines for irrigation - site lighting, signs, culvert, ponds, 14 '\\\ City ~,ncil of the City of NIMPÂ®ia r" 6 p-ps, drainage -2 reed -intenance. herion are herity Bgoved -0, qWted by -23 1 4 LÂ»/ , <'' ,~pâ€¢ - - 21-py~-5.'fi 9,74~ â€¢as-,nts over,nd cro- D,~oveient Envele,Â» Landic,4,1,19 v# Mainten- 436. 2\ 9 <4:. 7. tk- hereby grant to the Mr-ovirl Al,oclitien perpetual 4 -.... -, 1,7t~ I ./. 0 %.> I 00 4. 0 004 2 ince 2--int Area, 10,18 -e mhall incl,â€¢5* the minteranc~, irrigition 4 .'. lir- -0 ,y,t-, landecip, plantinl, retaining -110 -0 â€ž13/eground ISO'00'00 W Ammt 6=11 Auj .:i _ -fLILL p,-r linme for irrigaticm. i 4 2. ~ --- - J 8. tkne herit, FIR to the ~jacent lot owners thi Shazed 0 1 0 00, 15 Drive-y IN Utility Em-ents - *Kin herion for the Prpoees of City Clerk 13 4 / 0,1 IrrE C.AE./. / \4 -51 1 18 09 property â€¢00,0. =13 utility u- crily, dject to a Eerpetual accese (HOAG LOT 6) y - easement to the Aa,ociat~n Over and acroii the- Shind Drivivay Ind 4% " utility keemento. . me 04â‚¬ CerÂ·pÂ· * z) This Final Plat of Ten Ten Ute Subdivigion <4.1- 9,Â· e 9 9. [bee hereby grant to City â€¢ parâ€¢62 avptoâ€¢imitily 1.6 aer- mhom - Cut Parnel A of, the Final Plit. -Amer-ahall 1*prove the imrk wal approved by the City of Aspen Planning and 13 0 as ri'/I,entid in thi PM Inl DJbdivision Mr,-nt. City ihall own Zoning Ck=Rismicm thie 18+4, day of ~1,.U... , 88.52' J 117.00 S t/ N90.00'00.W 183.52' and mintain the irrigation myst- arâ€¢3 City ~all be reeponsible for 1987. the minter=nce and Â®k~ep of the pack. Yhe followinq reatrictive 4 21!kkuL & 1. / % 2/ 5 ee cur,inantâ€¢ Ihall be placed or, the park -d ahall zw, with the laM, (a) overnight pirking in thi Exotx-d FLIblle park shall be Fohiblted, and \f Â· FAO,8 83IOMICM (b) the park *all be maintained ai I pammive parl: and *all al,ey, provide for *ordic/Alpine i*ling W hiking ~cess to Aspen- I**untaln. /4,7 (mer, or his suceessors and assigns, shall have the right to pronecute < ~' any action to enforce these covenants by injunctive relief. 'rhe pre-- ~ITT. m#ilMZa'S APM!,mL 49 / OUT PARCEL A = el Mf 902 == rE CIORPO~Ial, a a,loraa, Â®rporation. vailing party in any enforce,rent action shall be entitled to an award being the 0-er of all the following described real property being situited in the ' of Kets and attorneys' fees. City agrees that it will save and hold mis Final Flat of â„¢rl Ten UU Subdivision was 6/ FORMERLY LOT 1 MOA@ SUBDIVISION1 City of Mpin, Pitkin Colm, CX,lowdo: harmless (Â»ners, successors 418 assigns trom all claims, causes of aproved by the City Engineer of the City of f action, alits. damages or demand whatsoever in law or in efrlit Aspen this le' day of -NON. , 1987 #A pe*k,2wc, i. A tâ„¢:t of land eituate in Section 18, 10-hip 10 South, ~Inge 84 1â€¢st of the may ariae out of or ae â€¢ consequence of City's ownership,~iaintenanee, . - 1 6th principal *ridian being iore particularly described as follows: repairing and utilization of this park. ~1 3 16 / ~a,i- - Begimiq at a point on the south bo=dery line of the DRC &,bdivistor, City C17 Fng,Mer 4 ~ ' of Upen, a:~ty of Pitkin, State of Cbloraao, whence a brass cap for Aâ€¢pen : 4 Townsite Oxner N' 1 bears 8 28*28'00' W 150.50 feet, thence N 28'20'00* E Executed this -1.Dy of 3-L , 1987. PARMS APPROVU 134.56 feet along said m,th boundary; thence N 89'34'42â€¢ E 382.32 feet along , 'll-/r, 944 1Â» --- thence 3) 8 69*49'11- E 31.15 feet; D.vid 4. BehtÂ·horat, Viee Pres ident â€¢aid â€¢outh bxzilary to the Ioutherly boundary of the Caldered Subdivision in 1010 UTE OORPORATION, said City of Aspen, thence alond said southetly boundary the following eight a (blorado exporation Thia Final Plat of â€¢ren Ten Ute Subdivision was Â»2'33 ' -- --- ccâ€¢Ir,"i 1) 8 27'07'30* 8 34.98 feet, .,gep,3 35. â‚¬*LL=t â€¢-ad W e. Deper.- ot Patits. city of 40Â·,f RQ thence 21 3 28'24'46â€¢ 2 58.00 feet, Aspen. this .~2. day of . 1 41- . 1987. 08 --- .60,~ 0<Zegv -1-4 e 'am theneÂ» 4) N 67'52'49" E li].22 feet; AMES'r: -1 ~pr LE.Ilt'-4-1 1 l '* 1' 4, thence 5) N 48'51'50- E 32.32 feet; Chatman I ...4.i'/ i: I thence 6) N 21'19'14* E 93.58 feet, r< ,/195 42&,6,A.kLA= then~ 7) 3 42'49'14" E 40.95 feet; Assistant Secretary -6%29L. itra le uum thence 8) 9 61'24'25â€¢ E 75.42 feet, . 4 h~ f to line 0-8 of Ttiet B of the East Aspen â„¢wnsite Addition, thence 8 00'21'00' W 0â„¢re OF mt,CRUDO 1 CLERK Al) RSCUIER'B ACCEFâ„¢10 468.,3 feet along maid 9-8 line to the rorth line of a tract of land described 1 9.. in Book: 260 ot Page 632 of the records of the Clerk and Recorder ofPitkin ca,frY OF Prâ„¢IR ] This Final Plat of T'en Ten Ute Sadivision ms County, 0.lorado; thenee N 90'00'00" W 183.52 feet alag said northline to thi eastirly line of Lot 6 of 'rhe Hoal Subdivision in said City of Aspen, thence day Â©fmi .~~irâ€žn~79=(=ruzz -64 :323*fEEPâ‚¬'3 INE BEAMIN* DXS'rANCE .~40Â¥ Â£72L LI 'Miest"S 7â€¢4aF7~F LF~Wer" C+Ot *I# C~O~ -â€žÂ£23->1=/ Va \ bl t**/'1,4 ,$ C : A ' t ..7.07Â·30 E 14 - ..2,Â·or â€ž 00 . 26 BO /2 5, 57 N 50'39'007 w 283.00 feet along Bald eist litÂ» of tot 6, thence S 25'27'09" W e Sere.Â·48Â·. I.00 a 73 ... â€¢j:-Â·55Â·F 323.34 feet along the rerth-st lire of maid Lot 6 to the easterly right-of-way PresideliF;-2-2B*'Uâ€¢lak \.J,Uebr, , 88 Assistant Beeretary .FRE , 1907;-Inrat Bxk 3 ./.4."E . ....0 70.00 s 3.73 mâ€¢5â€¢ #Â·F - 95 line of Ute Avenue; thence N 27'03'15" W 283.03 feet along said right-of--y of 1010 urz c[,aDem*4, a ooloradb corporation. Fl , at Page k) Â·87, Feception 110,2tda?31 â€¢ ...â€¢5'Â·90-. se. 4 35â€¢30 . 70.00 *â€¢,I j,Â·, Â¢52*42%4*121~t=162EPU j 127/N , ..L * # line; thencm N 13'39'45' W 186.72 feet along said right-of-way lineto the point . lilli.1... *3 5* 102.50 2 7/ 3 57 5 57 - EN> :t. /-xy <, , ,~ ..... 4 of begiming containing 6.054 aeres mn or less. wrees M hind and official -1. .A A A i ./.4../ 40 .3 . .3-03 .0- je...0 34.8 '05 - 48.94 58-2 7 ses'24'25'E 78.* ,07.- 547'20 037 * -3-28'09'I . /1.02+82 ., 00 9 - Uy'5â€¢'08Â·f I -O.00 .O.1 .. . 77.2. 5, ..00 SOS., -,Â·5, 30Â·I 1,Â· r' 1./1,/I':82~18/EX./Wigv/1.'Imi/*/Ii;'. I IZ[ 422. li~ Bilkin County Cled & Recorder Al j, Mt 1, meg Subdivision, ablmty of pitkin, State of Colorado,containing j,AlÂ£~~~j=,"<"4~J~~_~reâ€¢: t l.,A5- 91 U;3*\ 42. ZMAZED 50 000Â·004 - . . g-tiÂ· el- M,7 23 SS 25 'S . /â€¢7â€¢00Â·00~â€¢ - 00 U *r*$ 0*~ ..00 55 4. 1.583 acre, wor, cr less. --24: /7 -Ded 1.*â€¢0,0'0'0'I .0 . $* . 00 . .0 '. SÂ¢ 4,0....23.. 4 4% fÂ°+ % E.Z9-XETE------'"- 13 -5â€¢4*'22'â€¢ 4 - '3 ..2% 47Â· ..00 .7,3 07.05 14 50.- %Â¥ .4.4, ..00 .53 72 230 I Ne~ 0./ 15 *â€¢00Â·00Â·I ... - ,â€ž 3. 57.50 ...02Â·...2 18 34.00'00-I ...2 - 71-*2~... 08.00 48 â€¢10 00.00 N.â€¢87'0~'2 75 5. -14 III j& SHEET I 01 2- BOUNDARY, LOTS, UTILITY EASEMENTS :7 55/yo d. 54 38"De 2,-t * 37.8 2~~E ..â€ž 87â€¢03Â·01Â· 55 00 â€ž.7 54.72 38/20'I'/ 5, I I 575'33 24'. 7,'58 * --00 59 jo ~00.50 %57-00Â·48'E . 4 02 8 STATEMENTS ~~ SCHMUESER GORDON MEYER INC. 20 ..0'/E 82.00 *7.02 BS.se â€¢45Â·Di '-E 50 . hereby Mrtify that thi, plat 4 14Â»n Ten ute 21 '.22'0/ P. 4.Â·38Â·,r -. - S'.54 - 20 *.51'42'E 22 .... 4 20.78 22 NE:/ 27** 10 00 SHEET 2 of 2Â· BUILDING ENVELOPES 8 DRIVEWAY 2* N24'38'27~I ... --NE - 04 that the cutside boundaries, lots, road / Y7Â¥tÂ·.L#| -* i i,/154*,ClibliZIN) ('4'62<]-.--F-, . hbdivilion - 148â€žd ~nder 4 â€žperÂ·vieicn h EASEMENTS ,%1104 ENGINEERS & SURVEYORS . 37..'OVE ..18 0-ES: , hi , 45,4Â·.L fr' 2 4,-4 NQI -4 L- ' d â€¢ther fe*tures an accurately end correct- 1512 GRAND AVENUE, SUITE 212 20 /73.58 44/ ... ~VUL=17 GLENWOOD SPRINGS, COLORADO 81601 I SWISBE ..5, , EASEMENT' 9/0-4 AS CL (CENTIALINE} A.E OF EVEN WIDTH 0/ E. C. 8,0/ ly â€¢hoâ€¢r herion, that the 1 Bre based In 2, N,res '-E 50.17 2. I INDICATES FOUND REBAR AND CAP MARI</0 L. 2378 REVISIONS TENTEN UTE SUBDIVISION -/00-50'.E H.84 OF CEMTERLINE. THE *ZOâ„¢ NOTE' MEING THE TOTAL WIDTH OF EASfâ€¢EN7 f teld ~r,eys, =Id that the platted lots and 130~ 945-1004 I /09'00'3el: ..79 .Â· O I<'CATES FOUNO AEBAR AND CAP MAARED LS 81.4 road conform to those et,ked on the groue. 4. C] XNDICATE' FOUND FIESAA AND CAP MARKED LS 0,75 5. 4 I~]ICATES FOUNO PLAIN REBAR \h<Â«77, :,A 4 Â» in vitness whereof, i ha,/e met my hand NO DESCRIPTION DATE BY CHI(D. 0. I iNDICATES FOUND sp'KI BET IN CONCAETE 7. I ./.cATES SET NO. 5 REBAM .TH 'LUM'..ce, IMID i s ,8710 . TEN TEN UTE -al this ~IK. day of . 1,â€¢,â€¢ 5.8EAAING8 AAE 'ELATIvE 70 RE.090 'CARING' OF ... C luforasioN mASED ON MONUMENTS FOUND IN SUB[].IMON 4 -~-===2 ../ SUBDIVISION ; A .. A i*i d Bm' )2.~ - FINAL PLAT < V-Qu/7, 11 .i< 61 VICINITY MAP 5MU; lion ~ JOB NO. DATE BY 5CALE APFR. BY DRAWING NO. rÂ·.1000Â· 86148A 548Â·87 KW KW 1 of 2 no â‚¬9 ... poorrr~-00 TEN TEN UTE SUBDIVISION CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO 11.1 12?. 1 INE .b.,N 018Â·r.NCE .P'44:Â·;*Â·cÂ·Â·'Â· Â·,4Â¥ -?~ L ' ...â€¢57Â·.IÂ· se.52 36 SMÂ·01 04'E ./ g /7/â€¢ .Â·24Â· pâ€¢ le 37 N31'50 LE 57Â· 3 925'27'00 11 . 38 1060Â·00 DO'E 30 $4 I ....32'/4. ..23 8 8-'so'Do 38 48 8 ......00 58.,2 C .1 4-= 7 7 952*00Â·Do- 3.00 I he2'Ot>'00 Ke 8 620.00'oIl- 1%71#-314*7 10 ..7.00Â·00. .0.00 . N47â€¢00Â·Del 30.00 12 NeÂ©'00+00' 14,08 . lilli't2. (8.87 214......1.?12,42*3*t}.3.Â¥?44 ...,94Â»44240480.ful .21 #r --------------04... H -0.<4 ' 67%1.0 63:1 41 14 985..'.2- ./.74 . j-9.14 :20.1.41. 2412*334% 39: ittivhÂ¢*Â£--6~ 1 VihÂ©L :0 /05â€¢46Â·22~ 22.00 0 ....Â·55/ 31 33 17 -5.00'00- t0. B. 92'D.A. 44Â·61. Â·Â· I. I W . 70 41 34 : 1 ., 4. ~: Wk' 18 Ne-%3. 30.90 1/ Sâ€¢5.06Â·00. 17.09 :~~~ #4~; ~~,;1.6 17-R *Â·i- %4 5 -1 :41. t/:1'.--,32-,3 20 14#00'00 29 . I â€¢122'13'280 24 73 - E.,11 F ,Â§ 9 I 2E St!0.00'00. 20.00 22 /22-13'200 28 0. 1, 627,4'46 -41 02 0 "==L-_1 1 24 He. 02,8. 27 W .::b.~*.46 05 04<Â· 2 w'~027Â·Er'TE#*'16 25 Nee'1*Â·It i Â· 58 ./A./ 1, f'M-,"0 50 25 0 56 100 150 1 %1% 1? '162./:Â·-94 ./..~~1; . .N 28 N33Â·38'48. 20.00 i B SCALF INI FEET 27 88/20>'Ir ,0.00 , ~L,542Â§1. 44.Â»04 ALÂ·ibl#~1=Er.- I "g il - 45=20.. 10.00 . 10:."â€¢â€¢W>y 29 /8.-'0 3. 00 .. '...:*fy , . -Mb,Â·1. gt~kN>33#Â¢14.'9 44, -j.2'50--n/Â·i 30 NS'*44'88' 3t Di 3, â€¢ers, IC 08.22 ~ 22 2% I t.2\ 'OftZ,dÂ¢ ~7 -Â·.1. .....A..y~L.- 2. SE NisÂ·#Iâ€¢Â· t. 32 .M 33 .9â€¢ 59 29 38 % Â£ ..'33'24 19.32 - -4*-6 Â«'tÂ·Â·... Â·'..:..,~~Â· Â·Â· :-: O.. :I. .. - ..' 35 .22'31'12~_ '0 go ,481 /Â·~ '*.14*~ekkeÂ»=2 4,Â·ft,.39*Â·4~fÂ·tify ff?79.it:.4%.11.,9.249 ..1: 1 12 W CUAVE D~LTA RADYJS Tâ€¢â€¢GENT .ENam â„¢OAD BEMâ„¢I CMOAO pF..~.~Â·.:Â·fit:tÂ·Â·.;,G~ . ~:fl:.3.AlkÂ¢.â€žj,t 4 717,~it Itatk.).tRV Li, ~: 4,;..4 Jif~.0 ' i .i:Â· Ik.-t,0.-":.:" Â·.44- ,Ip,~ ,. "4 1 23*02-0/ ~81 08 12 /2 8â€¢ IM 591â€¢Rat 64 32 e seÂ·toÂ·â€¢2Â· 87.50 â€¢8.70 547~2aÂ·03'E â€¢2 /0 :t: 3 3 X :A n 55&: :H: . ~ %, ~ ~Â·â€ž-' .- ~ , 1' ~~~ ~.Â·4-,~*'~ ../~2 5 ./3,Â·25 ~08 fo 12.73 8/ 'UN ~,*Â·i,Â·,iÂ·e 82 87 - 13\, / Â·Â· Â· )Â·%Â·61,~:- -,.4.Â·Â· -rÂ· , t:,. Â·Â·.,'g .-'*Â·.4 .1 A ll 7\%43*?~44.. 1...1, ~ *'.,2 .4.1.4 1,1,.1...2.7-f 6 11.40'... 10. 50 22 tp Nie".0.42-. 22 09 Juxu.'Â·JÂ·Â·...,p,Â·...)$/4**#3 . 59%:90 f 7â€¢I,Â·20â€¢ 00.00 3.I5 7 el N,eÂ·28'17~E 7.87 M /3./'28' 86.00 1..â€ž Â»7 8~ 4 8.3.'9.-E .7 1, - fs?- .,62.<~05.~12.Wit .711.2.45~b~.4 ,~,, 2-,1 R 5 0 ...... {15.00 22.48 43 *9 .32â€¢12'â€¢0'â€¢ 42 4. , I ..' i 9â€¢Â·lk''fil Â·. U 'll Â·.A .Al t. ....Â·Ilâ€¢ 80.00 3. 0. 450'07'07. ~' >4â€¢:'<.:100.- Â©.~Vir 21 ' 'Â·Â·m'Â· â€¢ 1, Â·* . 2.37'04~ 'e .2 MI.~7 12 tt'2,'4>I ses 00 98.07 400'00 --* .:-*<- :-,it. 2#ty.4 ':te .... 452 r 13 ~i[ :NU OF ANTAS E 1 r VA'fr 1 Ula ~: j\'tÂ©Â·5-Â·e, 8 Â°i 13 ~-84*15- 200.0* . . 71 N85â€¢30Â·31'I 37.Fi-/9, *Â·. s. 28 DO 26.32 30 01 95291 It 4.7. . 2 ...., .....'., -4331 9 ' I . < 1 5- 58 lot Arli IMF~Â·ovement tnvelope .# 1 Iot ' 2â€¢9.Â· ~82.50 2..75 - I. Ne,278'47. . Â·.4 ~ 4:4*,rÂ·Â·1 .-Â·.,;,7~>46 3 At K k 4_* (5quare Feet) Â»lare Feet le 4.-'t/ 70.00 28.85 50 ./ ....jO .... , ..,.~ 9%3 *7 147Â·83'leÂ· 48 50 Le,4.52 1*, l ..1.:. ... 43.22 .j:.-.Â· '144Â·'~ 9 - t.Â«- 26Â·44 44Â· . 8. 2 ' " 543'2' 52 5 2 â€¢ .It 1 30,073 11,264 I . - ~'..: f.Â·~~~Â·~Â·~td.,t ~13>: 53<,2 Â¢f/ â‚¬' 2 24,307 8,098 ' lf# ..24#.43' 4,Â·f 15,188 8,037 22'28 0. 41 Â·t 4 4 + A ro. , 3 4 14,806 7,887 'Â¢fti :.91.Â·Â·761' '406 X.. i 53 " 5 20,650 7,542 sgo, 00Â·00Â·, 1 1 6.1 .....1 Â¥2.426*W..S .,1 4 â€¢CUS-J 'Â«?Â·74 / ~ F 6 28.5. 7,279 7 15,102 6,762 92),Ab ,# le, 4 20,733 5,755 ~'*4.3&12.=-ijtâ€ž.w.~!9J'667Â°Â· ~...l 9 10,059 3,406 72' '1444:.: 4 10 10,320 3,ts? 11 7,980 4,6,7 12 7,918 4,143 13 . 7,365 - 3.34. 14 9,196 6.051 Â¥S 10,732 8,115 OUT PARCEL A 16 10,663 4,415 17-R 20,005 5,963 Out Parcel A 88,954 ~~f 1 'Cr~s. LANDSCAPING AND MAINTENANCE EASEMENT AREA L- _3 Iwqovr"INT ENIF, OPF + ANOSCAPING AND MAINTENANCE EASEMEvi ARE A IMPIEN-me m/nope SCHMUESER GORDON MEYER INC. Al] structures on Lots 1 through 17-9, including but lot limited to Sel WIJp-179--leN~(9 lir,g ~its, accessorÂ·y buildings ard oses, and rgof o,erhangs shall he ENGINEERS & SURVEYORS constructed only within the designated Imprrwement Enveloips for each M 1512 GRAND AVENUE, SUITE 212 lhE, bulldim Might m lots 13, 14 ar,1 15 shall be testrieted to t*lve lot. Accessory buildings ad uses shall ineltyle hut not le limited to GLENWOOD SPRINGS. COLORADO 81601 â‚¬ fert (12'} abo,e the east ridge. /3 roof tall exceed twelve feet ( 1 2, ) attached garÂ·Mes, swinming Fr/ls, apai and other ufes as determined hy ah,ve the centerline of the evisting ridge startim at the siuth proFerty the Architectural Review 03,1*nittee of Ten n.n Ute lianeowners Association, t303I 945-1004 f 4 line of lot 15 aM etterÂ¥]ihq northerly tbreÂ»gh In# 15, hot 14 and a per- Inc. Rneroacnnents may be allc-d beyond the I,xu,elâ„¢int Fnvelofis cely REVISIONS TEN TEN UTE SUBDIVISION tion or Irt 13 deteenined hy an aâ€¢ral] distance of Ine hundred eighty in the following 10/ations, The east side of lots 9, 10, 11, 12, U, 14 CÂ¥ feet (180') frem the mith line of fot 15. the height limit will not and 15 and the Ute Celnetery side of tot-842,3,4,7, 15, and 16. These NO. DESCRIPTION DATE BY CHKD. h 2%11 i excee l tâ€¢rlve feet ( 12' 1 alme the ridge a,nterlipe starting at elevation encroactÂ·Rnents may project beyond the Improvement Rwelopes cnly in the <ti 8020.5 at the South line of tnt 15 to elevatioh 7990 on rot B. â€¢The following Renners Balcony =,3/or decks extending a maxian of '83', IMPROVEMENT ENVELOPES 1~- ~ billaing M Dit 17-R ghall he re,trieted tn or,e story. retaining walls, spas, grade level Mtios and terraces; lardscape and privky walls may project to the lot lipes. mese encroac,ts shall ke 8 DRIVEWAY EASEMENTS permittÂ«1 mly if 2421*oved by the Architectural Review Châ€¢mittee of 7,39 Ten Ute Bc-owners Ahsociation, Inc. .108 NO. DATE ~ 87 1 SCALE IAPRÂ·R. SY 1 09AWING NO, 86MBA 548,8) KW / r â€¢ 50'/ KW 20,7 3\F\ 3083NV 4 ~71 I \32 -'1-1- ja-. ,. .. e 4- . e 109 : . .i" 7 ./ N. F.'..... 2~ / ;14., ..,9. 1. 08.; Â· 1 , â€¢b.:* 0 4 F.1. 2 - - i.,M 5:19 me t;29 4 CO 23 e N == 1 P.U.D. AND SUBDIVISION AGREEMENT 0 25 =r / FOR SM - TEN TEN U'rE SUBDIVISION f li Sh. .i 2 ..4 This P.U.D. and Subdivision Agreement is made and entered into this 1-2.Yday of June, 1987, by and between the CITY OF ASPEN, Colorado, a municipal corporation (hereinafter referred to as "City" ), and 1010 UTE '' Â· CORPORATION, a Colorado corporation (hereinafter referred to as "Owner" ) . 4 RECITALS 1 ------- 1. The Owner has submitted to the City for approval, ::/ execution and recordation, the final plat and development plan of a tract of land situate within the City of Aspen, ; 14.1 ki Colorado, legally described on Exhibit "A" attached hereto and incorporated herein by this reference, and designated as "Ten Ten Ute Subdivision" (the "Plat") ; and 2. City has fully considered the Plat and GMP .Â«i + allotment, the proposed development: the improvement of the land and the effects of the proposed development and j improvement of land included in the Plat on other adjoining or neighboring property owners; and .:,1 1.' 3. City has imposed certain conditions and 0 1,1 1 7-1 requirements in connection with its approval, execution and ~ 4-1.. 1 4 /F.1 recordation of the Plat, such matters being necessary to Etâ‚¬ A protect, promote and enhance the public welfare; and ~ ~ " t...... 1 *9 'Â· ~' 4. Owner is willing to acknowledge, accept, abide by i.Â· 6 5 and faithfully perform the conditions and requirements #/ 1 . , imposed by City in approving the Plat; and - ..'' I I. := 5. Under the authority of Â§Â§ 20-16(c) and 24-8.6 of 3-57'i.I 'Al. 4 the Municipal Code of the City of Aspen, Colorado, City is entitled to assurance that the matters hereinafter agreed to j will be faithfully performed by Owner; NOW, THEREFORE, M 1 I NE S S E T H : mutual covenants herein contained, and the approval, execution and acceptance of the Plat for reeoraa tien by City, it is mutually agreed as follows: 4 .6 1 1 Â·I 1*'45 4Â· 1 - ' 1//<01'IM W , NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES, the 44'./ ailÂ· Â·. t em*Ii,W . , 1 7 ./.m.7771?~DÂ·Â·...Â· t.'" ..1. .1 '1.-'.1.2.-g'K,Frâ€¢:.truM. 1 7.1 .25*t.Â· - .... : . I . I .1 , y, , 521t| R.lib/E:30 I. GENERAL DEVEI,OPMENT PLAN Ten Ten Ute Avenue Subdivision as shown on the Plat includes the following elements: A. Lots 1 through 16 which may contain a free market dwelling unit. B. Employee Housing. The use and occupancy of the employee housing unit constructed on Lot 17-R shall be and hereby is restricted by a covenant that runs with the land to a qualified employee as is defined in paragraph 2 below. The employees residing in such unit may be charged income rental not to exceed the low-income rental guidelines applicable at the time of rental. C. Site Data Tabulations. The Site Data Tabulations attached hereto and made a part hereof as Exhibit "B' defines and describes further and more specifically the allocation of the uses anticipated within Ten Ten Ute Subdivision. II. EMPLOYEE HOUSING DEDICATION AND RESTRICTION The employee housing commitment for the twenty-six (26) employees generated by the project shall be satisfied as follbws: The construction Of one (1) three-bedroom low-income unit on Lot 17-R and cash-in-lieu payments of low-income for twenty-three (23) employees. Owner shall construct one (1) three-bedroom low-income employee unit on site. The three-bedroom unit shall be restricted to low-income or sale guidelines and should be at least 1,000 square feet. Owner reserves the right to give employees and caretakers of the project first priority to occupy the unit. Occupants shall be selected by Owner. The unit shall be constructed and a Certificate of Occupany issued prior to the issuance of a Certificate of Occupancy for the first free-market residential unit of the project to allow for concurrent construction of the units. The rental or sale price guidelines for the unit shall be adjusted to the low-income guidelines in effect at the time of the issuance of a Certificate of Occupancy- for the unit. The cash-in-lieu payment for twenty-three (23) employee at the low-income guidelines of $20,000.00 per employee equals $28,750.00 per homesite, and shall be paid at the tikae of the issuance of a Building Permit for construction of a residential unit. The payment amount shall be adjusted to the low-income cash-in-lieu guidelines in effect at the time of the payment. Owner shall have the right to continue conversations with the Aspen/Pitkin County Housing Authority to explore other alternatives allowed by the Aspen Municipal Code to fulfill his employee housing commitment, including a lump sum payment. These covenants shall be deemed to run -2- 2%*i .4., 0. 1%11Â£,k.- Et*;1 .. , 4-- '11 . â€¢1.r ' 10.. ' Or.< 5:19 ,-GEâ‚¬531 Â¤iLL 40 with Lot 17-R as a burden thereof for the benefit of and shall be specifically enforceable by City by appropriate ~ legal action, including injunction, abatement, evicticn or rescissicn for the period of the life of the longest lived , member of the presently existing City Council of Aspen plus :.'. twenty-one (21) years for a period of fifty (50) years from .. the date of recordation hereof in the Pitkin County real 3 property records, whichever period shall be less. III. ' CONSTRUCTION AND IMPROVEMENTS d A. Construction Schedule. Owner shall construct the project in phases. The first phase commencing in the Summer of 1987, and the second phase commencing in the Summer of 1988. Owner anticipates that the project will proceed in accordance with the following time frames which time frames y shall not constitute binding representations or schedules. (1) Summer of 1987 - Overlot grading, water, sewer, electric, gas, TV and cable TV, pond construction, Common Landscape Phase I, Ute Avenue realignment, Ute Avenue Bike Trail. (2) Summer of 1988 - Common Landscape Phase II, Private Roads Phase I, Private Roads Phase II. It being L~ understood that what is not completed in the Summer of 1987 Â·p. will be completed in the Summer of 1988 or the Summer of 1989. B. Construction Techniques. All construction in Ten Ten Ute Subdivision shall conform to and follow the recommendations of Chen and Associates attached hereto as Exhibit " E" regarding construction techniques and temporary protections of natural slopes, the Wheeler Ditch and the .-5-14â€ž0 Rearing Fork River, specifically as it relates to the lots .-:1>...w ' , on the ridge. , 'Limia C. Roof Drainage. All roof drainage shall be retained on site, and shall not be allowed to enter the Roaring Fork River by surface run-off. -- -- S ././.9 D. Landscaping Plan. In accordance with Â§24-8.16 Of 46. the Aspen Municipal Code, all landscaping shall . 2 4. e. .1 . -, substantially conform to the "Landscape Site Plan" as shown ~...~ on the plat. Owner shall plant six (6) street trees as . 71.0 6 shown on the Landscape Plan in the Ute Avenue right-0 f -way. Owner will irrigate and seed the ten-foot (10') wide landscaped median. The Landscape Site Plan is intended to be implemented in three phases. Phase I will be I - accomplished in the first year of construction. Phase II will be accomplished in the second and third year of 1 4- construction. The Final Phase will be completed over the '. next four to five years when most Of the houses are I constructed. As each house is completed, the landscaping -3- El'*AJWEBLAW./. 6.-ca, a.â€ž.~6.â€ž-2....+4 ..p Â¥9,..uk--'44.-C-, *iALUA-71w.Â·' -212.2- , 4.. '.... r - ...I~ --- -- r.0.. 1 Â· ,â€ž 5'3:1 'tr:in.3Â£ required for that house Will be completed. IS much landscaping as practical will be done on each site before construction takes place. It is the intent of Owner to create a beautiful, natural environment for the occupants of the site to enjoy. The Landscape Site Plan shows plant material and other landscape features, flower and shrub beds, proposed materials, existing materials, proposed treatment of all ground surfaces, location of outlets, and a plant material schedule. fj'' to E. Vegetation Of Disturbed Areas. Owner agrees, 7 pursuant to the provisions of the Landscaping and Grading Plan that during the course of construction any portione of the property which are disturbed shall, as soon as practical, be landscaped and vegetated in accordance with the Landscape Plan. F. Underground Utilities . All new utility systems constructed within Teri 7 -n Ute Subdivision shall be underground. G. Improvement District. Owner shall commit to join all improvement districts affecting the subject property with the exception that Owner shall not be required to join the Lodge Improvement District as proposed by the City Council in Resolution 87-1. In the event that any municipal improvement or improvements of a kind contemplated in Section 20-16 of the Municipal Code of the City of Aspen, as amended, except for the Lodge Improvement District become, in the sole judgment or discretion of the City Council of the City of Aspen, necessary or desirable to the area of the above-described property, Owner will make no unreasonable objection to any special assessment or special tax or proceeding therefor on the basis that the property is adequately served by existing improvements and/or on the ./. basis that the premises will not be served or benefited by ~ the improvement or improvements prcposed. Owner further agrees to join, upon the demand therefor by City, any special improvemenÂ·- district, urban renewal district formed 1~ J for construction of such improvements (including, without limitation, signage, drainage, underground utilities, paved streets and alleys, planting, curbs, gotters, sidewalks, street lights, traffic circulation, trails, recreation facilities, berms, open space lands, public transportation facilities, parking, etc.}, in the area Of the above-described property. H. Woodburning Devices. The installation and use of woodburning devices in Ten Ten Ute Subdivision will be in accordance with the requirements Of Ordinance 86-5, incorporated herein by this reference and as in effect on the date of this agreement. I. Fire hydrant. Owner shall relocate to the satisfaction Of the Fire Marshall and Water Department -4- 'I I .. 9- 49 2 h Â·ir,, 539 - n.t,Â·cf}23 existing fire hydrant No. 742 prior to the issuance of a Certificate of Occupancy for the first house. If replacement of this hydrant is deemed necessary, City and Owner agree to negotiate allocation of cost in good faith. J. Working Drawings. Owner shall submit working drawings of a water system to the Water Department for approval prior to construction. K. Air Pollution. Owner shall develop an air pollution control plan to mitigate construction impacts which shall be approved by the Environmental Health Department prior to the issuance of a Building Permit. L. Noise. owner shall comply with all requirements of the noise abatement Ordinance 81-12 incorporated herein 6 by this reference. M. Mine Tailings. Owner agrees that in the event mine tailings are uncovered during excavation, Owner shall 4 have the soil tested for toxicity and the tests shall be reviewed by the Environmental Health Department prior to the i removal of any soil from the site. N. Incorporation of Representations and Written Submittals. Owner hereby ratifies and confirms each and every representation made and set forth by Owner in its application dated December 1, 1986, and all written submittals and representations made in connection therewith rÂ·- to the Planning and Zoning Commission and City Council, e which application and representation shall be deemed to be made a part of this agreement and to be incorporated herein by this reference. 0. Building Restrictions. Owner agrees and hereby covenants that the building height on Lots 13, 14 and 15 9 shall be restricted to twelve feet (12') above the east ridge. No roof shall exceed twelve feet ( 12' ) abov. the center line of the existing ridge starting at the south property line of Lot 15 and extending northerly through Lot 15, Lot 14 and a portion of Lot 13 determined by an overall +4 distance of one hundred eight feet (180') from the south line of Lot 15. The height limit will not exceed twelve feet above the ridge center line starting at elevation 8020.5 at the south line of Lot 15 to elevation 7990 on Lot 13. The building on Lot 17-R shall be restricted to one story. IV. NON-COMPLIANCE AND REQUEST FOR AMENDMENTS OR EXTENSIONS BY OWNER In the event that the City Council determines that the Owner is not acting in substantial compliance with the terms of this Agreement, the City Council shall notify the Owner -5- . .. W ,0 :; 539 p.vi:f}:34 in writing specifying the alleged non-compliance and asking that the Owner remedy the alleged non-compliance within such reasonable time as the City Council may determine, but not less than forty-five (45} days. If City Council. determines that Owner has not complied within such time, the City Council may issue and serve upon the Owner a written order specifying the alleged non-compliance and requiring the Owner to remedy the same within thirty (30) days. Within twenty (20) days of the receipt of such 0.-der, the Owner may file with the City Council either a notice advising the City Council that it is in compliance or a written petition requesting a hearing to determine any me or both of the following matters: (a) Whether the alleged non-compliance exists or did exist, or (b) Whether a variance, extension of time or amendment to this Agreement should be granted wit.; respect to any such non-compliance which is determined to e <ist. Upon the receipt of such petition, the City Council shall promptly schedule a hearing to consider the matters set forth in the cease and desist order and in the petition. The hearing shall be convened and conducted pursuant to the procedures normally established by the City Council for other hearings. If the City Council determines by a preponderance of the evidence that a non-compliance exists which has not been remedied, it may issue such orders as may be appropriate; provided, however, no order term -nating any approval granted herein shall be issued without a finding of the City Council that substantial evidence warrants such action and affording the Owner a reasonable time to remedy such non-compliance. A final determination of non-compliance which has not been remedied or for which no variance has been granted may, at the option of the City Council, and upon written notice to the Owner, terminate any of the approvals contained herein which are reasonably related to the requirement(s) with which Owner has failed to comply. Alternatively, the City Council may grant such variances, extensions of time or amendments to this Agreement as it may deem appropriate under the circumstances. In addition to the foregoing, the Owner or its successors or assigns may, on its own initiative, petition the City Council for a variance, an amendment to this Agreement or an extenqion of one or more of the time periods required for performance under the Constructions Schedules or otherwise. The City Council may grant such variances, amendments to this Agreement, or extensions of time as it may deem appropriate under the circumstances. The parties expressly acknowledge and agree that the City Council shall not unreasonably refuse to extend the time periods for performance indicated in Â§VII, paragraph A of the Construction Schedules if Owner demonstrates by a preponderance of the evidence that the reasons for the -6- r.6 ... 1,-44-416*k I 1*. , f.â‚¬t ..6 .f . 2% n., 5:19 ncifi:35 delay(s) which necessitate said extension(s) are beyond the control of the Owner, despite good faith efforts on its part to perform in a timely manner. V. EASEMENTS AND RIGHTS OF WAY The Plat sets forth certain easements and rights-of- way, and anticipated relocations that will be necessary to cause the improvements anticipated thereon, which easements and rights-of-way include the following: A. Private Access and utility Easements. Owner dedicates and grants to City for the benefit of public utilities, and City hereby accepts the access and utility easements shown and dedicated on the Plat. B. Public Trail Easement. Owner hereby dedicates and grants to City for the benefit of the public, and City hereby accepts the Public Trail Easement described on the Plar. Provided, however, that the use of this easement by the public is conditioned upon the construction of a trail between the east property boundary and the Roaring Fork River linking this trail to the Aspen Club Trail, or the construction of the Gordon Bridge with an associated public right-of-way to State Highway 82. City agrees that it will save and hold Owner harmless from all claims, causes of action, suits, damages or demands whatsoever in law and in equity which may arise out of or as a consequence of City's negligence in maintaining, repairing and utilizing the easement premises, as well as public occupancy and use of the trail. C. Ute Avenue Dedication. Owner hereby dedicates and grants to City, and City accepts an additional ten foot (10') easement to the existing Ute Avenue right-of-way from the edge of The Gant Condominiums to the entrance of the project as more clearly sh-1.-,1 on the Final Plat. Owner hereby dedicates a ten-foot (10') street widening easement along Lot 1, Hoal Subdivision. Owner hereby reserves the right to construct the improvements which widen Ute Avepue. Owner further reserves the right to maintain the landscaping in the Ute Avenue right-of-way. VI. OTHER DEDICATIONS A. Exemption. The employee housing unit located on Lot 17-R constitutes a bona fide low-income housing deveiopment and Owner and City hereby agree to the exemption of the same from the application of the park requirements of Section 20-18 of the Aspen'Municipal Code. B. Park Dedication Fee. A park dedication fee in the amount of $71,000.32 is owed by Owner. The calculations of -7- .. 44,3: 1 ..7.9 ./ \ n, 3,19 nufy,]ti this payment is more fully set forth on Exhibit "C" attached hereto and made a part hereof by this reference. owner is dedicating land to City. A letter appraisal has been : submitted to City which shows a valuation for the park in excess of the park dedication fee owed by Owner. Therefore, *'. , no park dedication fee i 3 owed by Owner. 9 t 1 f. C. Granting of Land. Owner hereby dedicates to City 1 and City accepts a parcel of land of approximately 1.6 acres as shown as Out Parcel A on the Final Plat. Owner shall k improve the land as represented in the GMP Application. Owner shall install an irrigation system in the park and construct a gravel parking lot for ten (10) cars for the r park thirty feet (30') from the property line of Hoag Lot 2 with a birm of eight feet (8'), and shall plant two (2) c o evergreen trees. City shall own and maintain the irrigation system and City shall be responsible for the maintenance and upkeep of the land as a park. The following restrictive covenants shall be placed on the land and shall run with the land: (a) overnight parking i:; the proposed public park ~ shall be prohibited, and (b) the land shall be maintained as a passive park and provide for Nordic/Alpine skiing and hiking access co Aspen Mountain. Owner, or his successors 1 and assigns, shall have the right to prosecute any action to Â·enforce these covenants by injunctive relief. The prevailing party in any enforcement action shall be entitled to an award of costs and attorneys' fees. City agrees that it will save and hold Owner, its successors and assigns, 4 harmless from all claims, causes of action, suits, damages 4 or demands whatsoever in law or in equity which may arise out of or as a consequence of City's negligence in ...4 maintaining, repairing and utilizing the land. VII. OPEN SPACE AREA MANAGEMENT, MAINTENANCE AND USE , Owner agrees that easements for the Ponds, Landscaping and Maintenance Easement areas as depicted on the Final Plat + shall be granted to the Homeowners' Association to insure consigtent maintenance. The Ponds, Landscaping and Maintenance Easement Areas may be improved and used as set forth in the Protective Covenants for the subdivision. Responsiblity to the Homeowners' Association in this respect may be contractually delegated to a private property management company to a salaried employee of the Homeowners' F> The following shall also apply to the Association. Homeowners' Association hereinabove referred to: A. Formation. The Homeowners' Association shall be fully formed and established prior to the closing of a sale of any lots within Ten Ten Ute Subdivision. B. Documentation. operative documents for the ' ' Homeowners' Association shall include articles of incorporation, bylaws, and rules and regulations. The 8- ' Â·Â· / ' ~ -- 4 ~4 , 1 : , Â·,Â· 5:19 r.,c?lii i Homeowners' Association shall have the duty to enforce such protective covenants as will be recorded by Owner for the purpose of preserving the architectural and aesthetic compatibility of the entire development and its component features. C. Membership Mandatory. Membership in the Homeowners' Association shall be mandatory for each owner of the fee simple Lots 1 through 16 and shall be automatic upon the recordation of any instrument transferring a legal ownership interest (excluding standard security interests) in or to any of such lots. D. Insurance, Taxes, Maintenance. The Homeowners' Association shall be responsible for a blanket liability and hazard insurance policy with respect to the open space easement areas, as well as taxes and Int.intenance of Lot 17-R. E. Assessments and Liens. The Homeowners' Association shall have the power to levy assessments which will become a lien on Individual fee simple Lots 1 through 16 for the purpose of paying the cost of operating and maintaining open space easement areas and Lot 17-R, as well as any other right to assess and lien granted in the Protective Covenants. F. Board of Managers. The board of managers of the Homeowners' Association shall consist of at least three (3) members who shall be owners of the fee simple Lots 1 through 16 within the development. G. Section 24-8.19(b) Requirements. Owner shall record covenants reflecting the above-described responsibilities, purposes and powers of the Homeowners' Association. In the event the Homeowners' Association (or any successor organization) shall fail to maintain said ponds, landscaping and maintenance areas, the procedures and rights of City more particularly described in Siction 24-8.19(b) of the Aspen Muncipal Code, which is hereby incorporated by reference as if set forth verbatim herein, shall then and there go into effect and apply. Owner further acknowledges that the procedure set forth in Section IV above, pertaining to the procedure tor default and amendment of this agreement, shall not be required with respect to the enforcement and implementation of common facilities maintenance as set forth and required by Section 24-8.19(b). VIII. WATER Owner and City have entered into a Raw Water Agreement recorded in Book Â·, i at Page . 3 in the office of the Clerk and Recorder~LPitkin County, Colorado. Treated water service lines shall be installed as shown -9- I. I liÂ·.. : 1 - : 1Â· 0 4:19 r.wifil?1 on Utilities Sheet attached to the Plat. City agrees, on approval of the agreement, working drawings for the water system, and the signing of this Plat through its Water Department, to supply water service to Ten Ten Ute Subdivision on the same basis as other customers, and subject to the rules and regulations of the Water Department. Lot owner agrees to pay such tap fees therefor as shall be determined by the tap fee schedule presently in effect at the time water service shall be extended to the improvements. IX. SEWER Sewer lines shall be installed consistent with the provisions contained within the Utilities Sheets attached to the Plat. Owner agrees to pay such tap fees therefor as shall be determined by the tap fee schedules in effect at the time sewer service shall be extended to the improvements. Lot owner agrees that engineers from the Metropolitan Sanitation District shall be entitled to inspect the construction of the main trunk sewer lines. Upon completion, these lines will be turned over to the Metropolitan Sanitation District, together with such appropriate easements as may be necessary. X. FINANCIAL ASSURANCE Those portions of the Improvements and Landscaping for which financial assurances have been requested by the City Engineer, and which hereby are agreed to be given as described on Exhibit "E" attached hereto and made a part hereof. The guarantee to be provided by the Owner shall be in the form of an irrevocable bond, sight draft, or letter of credit from a responsible financial institution. The guaranty shall be in a form acceptable to the City Attorney and the City Manager, and shall give City the unconditional right upon clear and unequivocal default by Owner to withdraw funds as necessary and upon demand to partially or fully complete and/or pay for any of such improvements or pay any outstanding bills for work done thereon by any party with au excess guaranty amount to be applied first to additional administrative or legal costs associated with any such default and the repair of any deterioration in improvements already constructed before the unused remainder, if any, of such guaranty is released to Owner. Provided, however, that Owner shall be given fourteen (14) days written notice of default prior to City's ability to make a call under the letter of credit. As portions of the improvements required are completed, the City Engineer shall inspect them, and upon approval and written acceptance, he shall authorize the release of the actual cost as documented by invoices for that portion the improvements; PROVIDED, HOWEVER, that ten percent (1046) of the estimated cost shall - 10 - .....<-221 144, .. T--7 '1~:.i' 4 AÂ»JA"I Â«1 J't.-1 -11 41 h 1 ,Â·, 538 pe 639 be withheld until all proposed improvements are completed and approved by the City Engineer. 6 e Owner, its successors or assigns, hereby agrees to further provide unto City a warranty as to the fire hydrant improvements described on Exhibit "D" for a period of one (1) year from and after written acceptance by City of the M hydrants. It is the express understanding of the parties that the procedure set forth in Section IV pertaining to the procedure for default and amendment of this Agreement shall not be required with respect to the enforcement and implementation of financial assurance and guaranties to be provided by Owner as set forth above and required by Section 20-16(c) and 24-8.16 of the Aspen Municipal Code. XI. MISCELLANEOUS A. The provisions hereof shall be binding upon and inure to the benefit of Owner and City and their respective successors and assigns. 1 B. This Agreement shall be subject to and construed in accordance with the laws of the State of Colorado. C. If any of the provisions of this Agreement or any , paragraph, sentence, clause, phrase, word, or section or the application thereof in any circumstances is invalidated, such invalidity shall not affect the validity of the remainder of this Agreement, and the application of any such â€¢ provision, paragraph, sentence, clause, phrase, word, or section in any other circumstance shall not be affected -I~# thereby. D. This P.U.D. and Subdivision Agreement contains the ~Lt entire understanding between the parties herein with respect to the transactions contemplated hereunder and may be altered or amended from time to time only by written r. instruments executed by all parties hereto. E. Numerical and title headings contained in this b.-': Agreement are for convenience only, and shall not be deemed determinative of the substance contained her,in. As used -& herein, where the context requires, the use of the singular shall include the plural and the use of any gender shall include all genders. F. Upon execution of this agreement by all parties hereto, City agrees to approve and execute the Final Plat for Ten Ten Ute Subdivision, and to accept the same for recordation in the office of the Clerk and Recorder for Pitkin County, Colorado, upon payment of the r-,ordation fee and cost to City by Owner. For its part, Owner hereby - 11 - .44 _ 94 ilt 4351 .,~f64{1 ratifies and confirms each and every representation and public dedication made and set forth on said Plat. G. Notices to be given to the parties to this Agreement shall be considered to be given if delivered or if deposited in the United States Mail to the parties by registered or certified mail at the addresses indicated below, or such other addresses as may be substituted upon written nutice by the Parties or their successors or assigns: i CITY OF ASPEN 1010 UTE CORPORATION City Manager David G. Behrhorst 130 S. Galena Street P.O. Box 9046 Aspen, CO 81611 Aspen, CO 81612 H. The terms, conditions, provisions and obligations herein contained shall be deemed covenants that run with and ~ burden the real property more particularly described in Exhibit "A" hereto and any and all owners thereof, their I j successors, grantees or assigns and further shall inure to the benefit of and be specifically enforceable by or against the parties hereto, their successors, grantees or assigns. I. Owner represents and warrants that it is the fee title owner of the subject parcel with full authority to 1 ~~ enter into this agreement, and that any and all persons, firms or entities having any lien, encumbrance or interest ~ ~ in the property have consented to the dedications, restrictions, and conditions of approval set forth herein, and that this agreement shall not be recorded in the office . of the Clerk and Recorder for Pitkin County, Colorado, nor :40 shall any of the approvals granted herein take effect without the written consent (or subordination, if applicable) of any such person, firm or entity. ; C IN WITNESS WHEREOF, the parties hereto have hereunto executed their hands and seals on the dates and year respectively indicated, in full understanding and agreement to the terms and conditions herein contained. CITY OF ASPEN, a Colorado municipal corporation I '- ....1 William L. Stirling, MayorÂ· y. 0.....X,"241 i.:flel#:. ' ._u Â»4. , - ~~hi~;n:10-Koch", City Clerk . '4til.Kif , 0 ' 'Â· Â·(,ADY;ITIONAL SIGNATURES AND NOTARY ACKNOWLEDGMENTS ON NEXT PAGE) - 12 - *:e ALÂ· Â· ~ 'Â· I - .. 1 1 1 -â€ž.4.fâ€ž2 ... c e' 1 ...Yal*~ ...4 14*t. Â· 0 ~ . 4,4*1 E: 0.3 IL. 4, 107 5:19 4Â£6642 :il EXHIBIT "A" TO P.U.D AND SUBDIVISION AGREEMENT FOR TEN TEN UTE SUBDIVISION Wit& .' 1.,- Â· 'ill .. KNEW ALL MEN BY THESE PRESENrs, that 1010 UTE CORPORATION, a Colorado corporation, ffit.: 2. City of Aspen, Pitkin County, Colorado: being the owner of all the following described real property being situated in the . 1 A tract of land situate in Section 18, Township 10 South, Range 84 West of the 6th Principal Meridian being more particularly described as follows: M. 14... h 1,1.. Â· Beginning at a point on the south boundary line of the DRC Subdivision, City 1 3,1.-I of Aspen, County of Pitkin, state of Colorado, whence a brass cap for Aspen Townsite Oorner N' 1 bears S 28'28'00" W 150.50 feet; thence N 28'28'00" E 134.56 feet along said gouth boundary; thence N 89'34'42- E 382.32 feet along %,3. 1 said south bolndary to the southerly boundary of the Calderwood Subdivision in 71Â·. 1 said City of Aspen; thence alond said southerly boundary . the following eight courses: 1) S 27'07'300 E 34.98 feet; P -4024 thence 2) S 28'24'46- E 58.00 feet; thence 3) S 69'49'11" E 31.15 feet; 1 3.. .. I ~ <9.-6 thence 4) N 67'52'49" E 113.22 feet; f thence 5) N 48*51'50" E 32.32 feet; thence 6) N 21'19'14" E 93.58 feet; 2.*A# :tre..4 thence 7) N 42'49'14" E 40.99 feet; . - ..1.L. It I 791 r thence 8) S 61'24'25" E 75.42 feet; .W~ to line 9-8 of Tract B of the East Aspen Townsite Addition, thence S 00 21'00' W '..41.2.- 468.13 feet along said 9-8 line to the north line of a tract of land described -.>-â‚¬Elrk 1 in Book 260 at Page 632 of the records of the Clerk and Recorder of Pitkin . : Â¥.!eAt County, Colorado; thence N 90'00'00" W 183.52 feet along said north line to the . ..7. *ei easterly line of Lot 6 of The Hoag Subdivision in said City of Aspen, thence tkÂ· N 50*39'00" W 283.00 feet along said east line of Iot 6; thence S 25'27'09~ W 1, 323.34 feet along the northwest line of said Lot 6 to the easterly right-of-way . ...6 line of Ute Nienui; thence N 27'05'15' W 283.03 feet along said right-of-way 1.6... -31 !*9*1.2. line; thence N 33'39'45" W 186.72 feet along said right-of-way line to the point - 1"WE... A. of beginning containing 6.054 acres more or less. .4.El . f Also, Int 1, Hoag Subdivision, County of Pitkin, State of Oolorado. containing 1.583 acres more or less. 1 4... . e . . 0,9 3 +b . I. -'' i Â·i* I .... .Â¥ , . ~-â€¢ 4 ~ M.~' u le*.- /9,:1'*. r.1 1 539 ,-F;43 EXHIBIT "B" SITE DATA TABULATION Lot Size: Improvement Envelope Lot No. Acres Square Feet Area Square Feet Lot 1 0.69 30,073 8,264 Lot 2 0.55 24,307 8,098 Lot 3 0.34 15,188 8,037 Lot 4 0.33 14,806 7,887 Lot 5 0.47 20,650 7,542 Lot 6 0.65 28,599 7,274 Lot 7 0.34 15,102 6.762 Lot 8 0.47 20,733 5,755 Lot 9 0.23 10,058 3,406 Lot 10 0.23 10,320 3,697 Lot 11 0.18 7,988 4,697 Lot 12 0.18 7,918 4,149 Lot 13 0.16 7,365 4,310 t Lot 14 0.21 9,196 6,051 Lot 15 0.24 10,732 8,115 Lot 16 0.24 10,663 4,415 Lot 17-R 0.45 20,005 5,969 Outparcel A 1.58 68,954 N/A - Total Subdivision 7.54 332,657 104,428 Note: 1) Minimum FAR per Lots 1 through 16 shall be 3,000 sq. ft.; f: 2) Minimum FAR for Lot 17-R shall be 1,000 sq. ft.; and 3) Maximum FAR for each Lot, including Lot 17-R, to be set 1 in the deed of conveyance to each Lot owner; provided, however, the total FAR for Ten Ten Ute Subdivision cannot exceed 68,900 sq. ft. as currently calculated by the City of Aspen Code in effect June 1, 1987. E e ' -' '1Jitf -. 1:<.t I_-_...11222_L_,LE....-.-T..~-/-:...~.* 4. 11Â·Way'~, Â·.17-3 2-1 reÂ·Â·~: ..2 ' 4. 1 27 4 0 2," . t. 1 4 -- 6 Â· 1 4. Ilt - .t'-7 - / VU 530 mm644 EXHIBIT "C" PARK DEDICATION FEE PROPOSED DEVELOPMENT: 1 y.2.3.ip) Â· =4 Lot 1 4 BR Lot 2 t BR Lot 3 4 BR Lot 4 4 BR Lot 5 - 4 BR Lot 6 4 BR Lot 7 4 BR Lot 8 4 BR Lot 9 4 BR Â£ I. Lot 10 4 BR Lot 11 4 BR Lot 12 4 BR Lot 13 4 BR Lot 14 4 BR Lot 15 4 BR I.ot 16 4 BR Lot 17-R N/A * : TOTAL 64 BR 1.,1.- * Includes one (1) three-bedroom employee unit exempt from '. ~ ~t park dedication fee requirements. The December 1986 purchase price of $1,175,000.00 for the whole parcel indicates the fair market value of the Property. AN Fee calculated as follows: $ 1,775,000.00 = $ 110,937.50 x .01 = $ 1,109.38 16 14 . Total Fee: 16 Lots x 4 BR x $ 1,109.38 = $ 71,000.32 Ul Â·:-~ri. , 3 1 .A 9 MAS : Â§2 A#& ,Â·. Â· 1.Wiriz: ' 1 /.l. Fie'/8.-I. - li~~~*1.... I b â€ž . Â·:D. r....171'..S . I 5 3 . 1. ~. "11 i\J wg 561 4~179 7 2 .2: A. Â·.tÂ» 0- Â¢*Â· Â· 69Â·-P . 28 25 42 (0 62/6 .Â·.-L;,i~W * CE: 8515Â£ FIIST AMENDMENT 1 FINAL PLAT OF =21= '1. cn , TEN TEN UIE SUBDIVISION . 0 C CITY OF APSEN, COUWN OF PITKIN, STATE OF COLORADCPO ~ P. . i THE FOLIOWING AMENDMENYS are hereby made to the Final Plat of Ten Ten FO Ute Subdivision recorded in plat Book 19 on Pages 80 and 81, June 19, 1987, in the reoords of the Clerk and Recorder's office, Pitkin County, State of Colorado. b .0. +31 1 ) Maximirn Building Height on tot 1: :1 f#.; ..4.E 1 f Â· . -4. I i: 1,;: , In accordance with Section 24-8.3(a) of the Municipal Code of the City of Aspen, Colorado, the maximum building height shall be iiIÂ·.7Â·. . measured from an initial grade elevation of 7967 MSL. ,~1 L ... 61 2) Improvement Envelope on Lot 9: The Improvement Envelope is anended to change the northerly line of said Envelope so that it is two feet southerly of, and parallel Â·1 to, the coutherly easement line of the twelve foot Public Trail â€¢ Easement on Iot 9. The amended area of Lne Improvement Envelope of Lot 9 is increased by 305 square feet to a total of 3711 square feet. The amended Improvement Envelope of iÂ£,t 9 is shown below. 4 ----- ------------- --- ,---50â‚¬*:-8&,-63-Â·-f riE~91.-i:SiE il-:~13-Â·- '--32/ b ca-NeBâ€¢ 57 i ..I.E Ch-51.07 1 i ,-05- g ' Pv i f 3CALE: r. 20 Y 'll //4> ..0/ .k - . il It LOT 9 / i :2 ...' - 14 / // \ 0 6, 4 191 Â» / ?k th /,8.37Â· 4. / ~â€¢ N90'00'00'W Â¥ :13.. -F.3 0060-3.. 1-:-(f j , / il// - 1 1 / 1 1 \ZILÂ¢ / 4, i Â»4// LINE BEARING DISTANCE / , i Na9â€¢02'30'E 10.79 1 1 t CURVE DELTA RADIUS TANGENT LENGTIC O10AO BEARING CHOAD 1 1 . 1 34â€¢45'35' 54.00 16.90 32.,0 N51'39'48'E 32.28 t â€¢twn' 7 - ~t :AtÂ·. u. 40/ i.r,. â€¢ ' ' 42 Â· 1../'Pr='Trry, - 1. PUBLIC . ., 'MZ~.1471 Buox 561 PAGE180 3) Utility Easements. tI'he Utility Easements are amended as follows to reflect the actual Or as-built locations of utilities within the Subdivision. More F:tÂ·:2. specifically, the twenty-foot (20') Utility Easement through lots 1, 17-R, 5, 6, 9, 11 and 10 described as follows is hereby deleted and Ey. vacated: 4 : 1. ~.: Beginning at a point on the westerly line of said Lot 1, whence the northwest corner of said Lot 1 bears N 33'39'45" W 18.13 feet; thence N 43'55'01" E 100.62 feet; thence S 50'44'39" E 155.02 feet; thence N 64'02'12" E 97.19 feetÂ· thence S 75'33'52" E 187.90 . '......... a feet; thence N 15'47'08" E 71.55 feet; thence S 87'37'02" E 147.10 feet; thence N 31'50'11" E 102.()0 feet to the point of ending. '.72 5~.,C2 Also, that twenty foot (20' ) cltility Easement through Lots 9 and , :%Â¥9 10 described as follows is hereby deleted and vacated: A Beginning at a point on the northwesterly line of Lot 9 of said Ten Ten Ute Subdivision whence the southwest corner of said Lot 9 bears S 21'19'14" W 52.58 feet: thence S 42'24'00" E 16.73 feet; thence S 21'19'14" W 90.58 feet; thence S 57'02'29" W 50.36 feet to , the point of ending. A twenty foot (20' ) Utilit : Easement for sanitary sewer facilities in place, the conterlinÂ© being described as follows is hereby granted to the Aspen Consolidated Sanitation District: Beginning at a point on the westerly line of Lot 1 of said Ten Ten Ute Subdivision, whence the southwest corner of said Lot 1 bears S 27'05'15" E 19.85 feet; thence N 73Â°56'42" E 54.76 feet; thence N 17'59'52" E 120.24 feet; thence N 64'38'24" E 95.26 feet; thence S 77'23'29" E 118.19 feet to the point of ending. A Utility Easement of variable width from twenty feet (20') to â€¢EA thirty feet (30') in width and described as follows, is hereby granted to the City of Aspen a public utility easement including, but not limited to, potable water facilities in place ariel the Aspen Consolidated Sanitation District for sanitary sewer facilities in place: Beginning at the southwest corner of Lot 9 of said Ten Ten Ute Subdivision; thence N 21'19'14" E 57.75 feet along the west line of said Lot 9; thence S 42'24'00" E 19.99 feet; thence S 02'55'33" E la 29.41 feet; thence S 21'19'14" W 98.92 feet; thence S 13'34'03" E 143.26 feet; thence S 23'46'19" W 93.25 feet; thence N 66'13'41" W 20.00 feet; thence N 23'46'19" E 86.49 feet; thence N 13'34'03" W 9 k 160.27 feet; thence N 21'19'14" E 68.78 feet to the point of beginning. CITY KPMON, AND ACCEPr,NCE The First Amendment to the Final Plat of Ten Ten Ute Subdivision with respect to the initial grade elevat ion for measuring the max imum Building â€ž Height on [ot 1 noted herein is hereby approved and accepted by the City Â·4 1... Council of the City of Aspen, this /34'z day of â‚¬,0Ut , 1988. , ( ,/*Â·Â· ' "- 1 :' &.4~'*/C v 1 -' ' 5/ :.4t-r~ b=*De5/ '' J 4 Mayor ' 2 i-' 9 Â· 4 . ra h PLAPINING DEPARIMENT APPROVAL .,9 16 - The First Amendment to the Final Plat of Ten Ten Ute Subdivision is approved,hly the Planning Director of the City of Aspen this ,& day of ~ft,\ , 1988. By 014w i.gO Planning Director -2- l.. . jb~i&,13 ' .4.A , t. 1 74il ; Â«411 m.ox 561 mw181 ..u -.24Â·41 CITY ENGINEER'S APPROVAL 1 The First Amendment to the Final Plat of Ten Ten [lte Subrlivision is i approved by the City Engineer c f t.he City of Aspen this 6 6 day of , 1988 :' ~~City-Engineer - -----$. OWNER'S CERTIFICATE The First Amendment to the Final Plat of Ten Ten rite Subdivision is 7 -1 f , I tÂ¥ 1 approved. 1010 IME CORPORATION, 3 a ColeFado eoypffation ' ByekN-L)3, 4 24-1-17 *I'Ii '"â€žf, -~ f David G. Rehrhorst,' 17ice President 0/ 1 ,"4. i .. L I 31*NEEP #WRADO ) ) ss. t 31 Ed(XJPC'YÂ·'OF 2ITKIN ) 'l'. . iÂ®?Ufdrego@q inst.r~nlent was acknowledged before me this f / day of , j . 1988, by David G. Behrhorst Py WITNESS my hand and official seal. 1 '/> i My cormission expires: i . ''Â·Â«9 f k:u,1 . 4-cti .at 14 Â£ i.in,F Not?ary Publ iciÂ· ~ ~ ~ 1t.JÂ·;Â· 1.1.. Pardee, Lot 5 Robert D. Scinto and Barbara Scinco, Lot 6 Gene Coluh, Lot 2 4 Aisan Fleet Welsch, Ent 3 Kenneth S. rottleih and Karen Gottleib, Lot 4 liv. Brian Michael rtilson, as Trustee of Brian Michael Wilson inter v ivos Trust Acl reement Mate,i April 20, 1981, Int. 7 9 Joseph S. Gross and [Irsula R. Gross, 4>t R Stefan T. Erllis, Tot 10 David F i-locker, and . Mary Jane Hooker, lot 13 Peter C. Meinia, tot 14 Phyliss 0. Poiel, Lot 15 Wâ‚¬~or H. Palmieri,~r 16 / 84-46-- - -0 13 ObefkÂ»- David c. Behrhorst, as their * Attorney-in-Fact STATE OF COLORADO ) : t...;t.. ) SS. . *2.- COUNPY OF PITKIN ) it.''E T ' , ...,3141 forecroing instrument was acknowledoed before me this N dav of \ EZZ *. * /11,Â·.A/5. , 1988, by navia G. Rehrhorst as Attorney-in-Fact on 1 4.4,behatf of.iNene Golub, Susan Fleet Walsch, Kenneth S. nottleib ana Karen 3. E 'Ck*Iltib,:Brian Michael Wilson, as Trustee of Brian Michael Wilson t. FirÂ¢art v{-406 mrust Agreement dated Anril 29, 141, Joseph P. Gross and ,?.P29616' B.<Cross, Stefan T. Mlis, David R. Flocker and Mary Jane Hocker, c.ti@t-or C.')Meiniq, Phyliss F. 110Â·irl, Victor H. Palmieri , .I.L. Pa rdee, Af11254*ert D. Scinto and Barbara Scinto. WITNE<15 mv hand and official seal. My commission expires: h j ' C Notary Publ ic /k,L.' 1 -3- 4 89% du i DN ,82 '1"EN TEN efE HOMECWNERS ASSOCIATION, INC., 6394Â¢Â·. I .: . 3 9. ' David G.0Rehrhorst, President ATTEST: #a-1,- . I ~~';3;' . -fI r Â»Â·- 82Â§1'E OF COIDRADO 1 4% 1 SS. .%*FL .16.i..1.->M*m,Nping instrunent was acknowledged before m this 3 / day of ' I. 4,Â·4** tÂ·w...' Â· -e.10 .711~ , 1988, by David G. Behrhorst, President, on Whalf of * #f~~-k~-.... - 6~ AssEEIREes, A colorad@-83rporation. 1 5!1' ..119184 my hand and official seal. 'Â·./14% .f / Â·t Â· t %*i- Â·Â·2 j F...'Â· Â· ~1 p u r'Â¥46#Ssion expires: f,) E-#9 *# 074:; ''Â· ,t'-. Â·"D;i- 1:i-{Â§* -'11.-<k<,1 .4,; c.t..adill -D*L Li,-i + , *Stary Public i ..0. . r : N .14 ./. CLE* NE) RNOCRDER' S ACCEPIANCE This First Amendment to the Final Plat of the Ten Ten [!te Sublivision /*. I 4 was accepted for filing in the office of the Clerk and Re,Â·order of 1.2 Pitkin County, Colorado, at o'clock M., this day . >217,5. 1 1. i of , 1988, in Plat Book , at Page (s) 0 /1 jal.PR - Ftee@FEIE-NO. . - 'A lf#... 1 1 - 4--1.-I gec:, , .i, pitkin county-Eler-F & Recorder 3942 , , 5. 41 =% : 1 . 'Â» --/ 1 4 1/. 'Imil Â£.2 4-, 0 r â‚¬ ElÂ·Â·Â· - Fit: r V .... 4 B i A fliÂ· 1 1 -4- . \140.6 3... 9 Ilit.,4 29 ~' "79:. # ' '~74*Â©445**414 4. , -797*72. .. Floor Area Improvement Lot Size (per Envelope Area FAR (Sq. Ft.) Lot Name PUD (sq. ft.) (per (per Warranty Addresses Agreement) PUD Deeds) Agreement) Lot 1 30,073 0.69 8,264 4,200 0017 Ute Place Lot 2 24,307 0.55 8,098 4,500 0018 Ute Place Lot 3 15,188 0.34 8,037 4,100 0010 Ute Place Lot 4 14,806 0.33 7,887 4,200 0036 Ute Place Lot 5 20,650 0.47 7,542 4,000 0035 Ute Place Lot 6 28,599 0.65 7,274 4,000 0037 Ute Place Lot 7 15,102 0.34 6,762 4,400 0038 Ute Place Lot 8 20,733 0.47 5,755 3,800 0083 Ute Place Lot 9 10,058 0.23 3,406 3,900 0100 Ute Place Lot 10 10,320 0.23 3,697 3,600 0096 Ute Place Lot 11 7,988 0.18 4,697 4,000 0090 Ute Place Lot 12 7,918 0.18 4,149 4,850 0086 Ute Place Lot 13 7,365 0.16 4,310 4,300 0082 Ute Place Lot 14 9,196 0.21 6,051 4,600 0074 Ute Place Lot 15 10,732 0.24 8,115 4,800 0072 Ute Place Lot 16 10,663 0.24 4,415 4,000 0069 Ute Place Lot 17-R 20,005 0.45 5,969 1,546* 0019 Ute Place Outparcel A 68,954 1.58 n/a n/a n/a Total: 332,657 7.54 104,428 68,796** * Lot 17-R does not have a Warranty Deed. This number is based on a letter from David Behrhorst the Vice President of the 1010 Ute Corporation dated March 22,1988. ** The Maximum Allowed Floor Area per the PUD is 68,900 sq. ft. â‚¬ i Page 16 1 i Â§ 24-3.1 ZONING Â§ 24-3.1 (q) Open-use recreation site: Land devoted to public use for recreation including such facilities as playgrounds and playfields, golf, tennis and similar court installation, riding ring, tracks and stables and similar facilities. 09 Person: The word "person" shall also include associa- tion, firm, co-partnership, or corporation. (8) Professional office. ForÂ·use by those such as physi- cians, dentists, lawyers, architects, engineers, accountanta and others, who, through training, are qualified to perform services of a professional nature, and where limited storage or sale of merchandise exists, (t) Public way: Any parcel of land unobstructed from the ground to the sky, dedicated or appropriated to the free passage of the general public. (u) Recreation club. A building devoted to public use including such facilities as golf club house, swimming pool club house, tennis club house, playground and playfield activity centers or club houses and may include kitchen facilities, assembly halls, meeting rooms, locker facilities, etc. (v) Service yard.Â· Any yard area utilized for storage of material accessory to or used in conjunction with the principal use of the lot or building, or used for garbage or trash containers or the location of mechanical equipment accessory to the principal building or use. (w) Shop-craft industry: Any establishment producing one-of-a-kind objects, made by hand or with limited mechanical assistance, including cloth and basket weaving, pottery making, glass blowing, and ceramics. (x) Street: A public way other than an alley, which affords the principal means of access to abutting property, including private streets. (y) Structure: Anything constructed or erected, which requires location on the ground or attached to something having a location on the ground, but not including fences or walls used as fences less than six (6) feet in height, poles, Supp. No, 26 1437 Â§ 24-3.1 ASPEN CODE Â§ 24-3.1 lines, cables, or other transmission or distribution facilities of public utilities. (z) Use: The purp08â‚¬ for which land or a building is designated, arranged, or intended, or for which it either is or may be occupied or maintained. (aa) Yard: An open space other than a court, not in an alley or street, unoccupied and unobstructed from the ground upward, except as otherwise provided in this code. (1) Front yard: A yard extending the full width of the lot or parcel the depth of which is measured by the least horizontal distance between the front lot line and the nearest wall of the principal building, such distance being referred to as the front yard setback. (2) Rear yard: A yard extending the full width of the lot or parcel, the depth of which is measured by the least horizontal distance between the rear lot line and the nearest wall of the principal building, such depth being referred to as the rear yard setback. (3) Side yard: A yard extending from the front yard to the rear yard, the width of which is measured by the least horizontal diBtance between the side lot line and the nearest wall of the principal building. (bb) Commercial bakery: A bakery in which there is permitted the production and/or wholesale sale of baked goods, but where over-the-counter or other retail dispensing of baked goods shall be prohibited. (cc) Park maintenance building: A building within park land used to store and repair vehicles and equipment and also usable for greenhouse and office purposes, provided all uses are limited to park operation and maintenance purposes. (dd) Moderate income housing: That housing recognized by an approved housing plan as satisfying the community need for low and moderate housing; criteria for such housing shall be established by such a plan, have as its objectivethe supplying of permanent moderate cost housing, and may Supp. No. 26 1438 1 d 49-yes"B edu & W 3% Il'enrlVFBI~/ MVEIK~ All structures on lots 1 through 17-R, including but not limited to awel.- ling units, accessory buildings and uses, and roof overhangs shall be oonstrueted only within the designated Improvement Envelopes for each lot. Accessory buildings and uses shall include but not be limited to attached garages, swimming pools, seas and other uses as determined by the Architectural Review Committee of Ten Ten Ute Homeowners Association, Inc. Encroachments may be allowed beyond the Improvement Envelopes only in,the. following locations: The east side of Lots 9, 10, 11, 12, 13, 14 and 15 and the Ute emetery side of Lot#12, 3, 4, 7, 15, and 16. Mhese eheroadtiments may project. 6*$* th* EltterÂ©vement Envelopes gely in the . fellÂ«*MÂ· 4..Â¢~~Me~ Bal.09 a*for d~* extending a Maximum of 180, reltaihit, walls. 8968. grade.level patios and terraces ; landaeatm and privaÂ« Â·walls iNg project te the lot lines 4-- thee e.*1*.#rb~fabnents Â·atall te permittel only if 4*i#,ed by the Architectural **view oÂ®mittee of Ten Ten Ut* 00#empm.et# Aomjelation, Inc. Â» / 1 Â· 6%.5-â€¢' 3* 6 .. Jennifer Phelan From: Jennifer Phelan Sent: Friday, March 22, 2013 9:11 AM To: 'wlewis@forumphi.com' Subject: 17 Ute Place Hi William: I reviewed the application submitted for 1; Ute Place and a number of items were not submitted correctly. â€¢ Agreement to pay not signed by applicantv' â€¢ The title report submitted is from April and shows Jim DeFrancia as the owner of the property. A current 0&E should be submitted showing 17 Ute Place LLC as the owner. â€¢ A site pan has been submitted, but to amend a plat and building envelope a site improvement survey that includes all existing natural and man-made site features, including trees, and separate hatching to indicate the existing and proposed building envelopes is required as a plat will need to get recorded. Please provide in PDF form. We'll need these items to process your request. Please let me know if you have any questions. Thanks, Jennifer Jennifer Phelan, AICP Deputy Planning Director Community Development Department City of Aspen 130 S. Galena St. Aspen, CO 81611 970-429-2759 www.aspenpitkin.com Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply to the sender that you have received the message in error and then delete it. Further, the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the information and opinions contain in the email are based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. ffÂ· 1 REC#ED COMMUNITY DEVELOPMENT DEPARTMENT .. CITY OF ASPEN 1-T-- El-@PMENT Agreement to Pay Appi?8'ViNG~ rees An agreement between the 9%5'683'11,9Â¥11;nd Property Dennis BliA:1:baL~L i lif C Phone No. 480-659-0259 Owner (T'): 17 Ute Place LLC Email: dennis@ramipartner.com AA Al) O 3 ':,1.1 11,!Mn L , ZI,10 Address of 17 Ute place Billing 17 Ute Place LLC Property: Aspen, C(CITY OF ASPEN Address: P.O. Box 1860 (subject of 81611 COMMUNITY DEVELOPMENT (send bills here) Bentonville, AR 72712 application) I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $ flat fee for $ flat fee for $ flat fee for $ flat fee for For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. 1 understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $945.00 deposit for 3 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $315 per hour. $ deposit for hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $265 per hour. City of Aspen: Property Owner: srEEV W,406, AIA ow EERALF OF 4- WL_z 17 UTE Pi-AGS Luc. A6 THE owâ€¢JEED A~NORS,6 76:,720,~A-,7747-/*C Chris Bendon Community Development Director Name: Dennis Burch Title: Vice President City Use: Fees Due: $ Received: $ November, 2011 City of Aspen I 130 S. Galena St. I (970) 920-5090 /.. ATTACHMENT 2 -LAND USE APPLICATION PROJEC'I : Name: 17 Ute Location: 17 Ute Place Aspen, CO 81611 - Ute Place Subdivision - Lot 1 (Indicate street address. lot & block number. legal description where appropriate) Parcel ID # (REQUIRED) 273718265001 APPI.Ic.ANT: Name: 17 Ute LLC (Dennis Burch) Address: P.O Box 1860 Bentonville, AR 72712 Phone #: 480-659-0259 REPRESEN I ATIVE: Name: Steev Wilson Address: 117 South Spring St. Suite 202 Aspen, CO 81611 Plione #: 970-279-4109 TU'E OF APPLICATION: (please check all that apply): U GMQS Exemption 01 Conceptual PUD 3 Temporary Use U GMQS Allotment E Final PUD (& PUD Amendment) ~1 Text/Map Amendment E Special Review U Subdivision 01 Conceptual SPA U ESA - 8040 Greenline. Stream U Subdivision Exemption (includes E Final SPA (& SPA Margin. Hallam Lake Bluff. condominiumization) Amendment) Mountain View Plane Commercial Design Review U Lot Split 01 Small Lodge Conversion/ Expansion Residential Design Variance U Lot Line Adjustment E Other: Conditional Use EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals. etc.) Single family residence that is deed restricted to 4200 square feet, and has a building envelope of 8264.25 square feet. PROPOSAL: (description of proposed buildings. uses. modifications. etc.) Modification of the building envelope shape with no increase in square footage of the envelope. Have you attached the following? FEES D 1 11: $ E Pre-Application Conference Summary M Attachment #1. Signed Fee Agreement ~ Response to Attachment #3. Dimensional Requirements Form E Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards 2 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. mu U /.. ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: 17 Ute Applicant: Dennis Burch, 17 Ute Place LLC Location: 17 Ute Place, Aspen CO 81611 Zone District: R-15 PulL) Lot Size: 0.690 Acres Lot Area: 0.690 Acres ( 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: N/A Pr~)posed: N/A Number of residential units: EXiSting. 1 Proposed: 1 Numberofbedrooms: Existing: 6 Proposed: 6 Proposed % 01 demolition (Historic properties only): DIMENSIONS: Floor Area: Existing: 4064.00 Allowable: 4200.00 Proposed: 4199.25 Principal bldg. height: Existing: 24 1 -8" Allowable: 25' -O" Proposed. 24 ' -8" Access. bldg. height: Existing: N/A Allowable: N/A Prom)sed: N/A On-Site parking: Exhing: 4 Required: 2 Proposed: 5 % Site coverage: Ex'isting.'N/A R--15 Required. N/A R-15 Proposed: N/A R-15 % Open Space: Existing: N/A Required: N/A Proposed: 11/ A Front Setback: Existing: ENVELOPE Required. 25 1-011 Proposed.-ENVELOPE Rear Setback: Existing: ENVELOPE Required: 10 ' -0" Proposed.' ENVELOPE Combined F/R: Existing: ENVELOPE Required. 35'-0" Proposed:ENVELOPE Side Setback: Exi.sting.' ENVELOPE Required. 10 '- 0" Proposed.*ENVELOPE Side Setback: Existing.' ENVELOPE Required: 10'-0" Proposed: ENVELOPE Combined Sides: Exking ENVELOPE Required: 20' -0" Proposed. ENVELOPE Distance Between Existing N/A Required.Â· 10 '-0" Proposed.Â· N/A Buildings Existing non-conformities or encroachments: windows exist between 9 & 12 . There are existing light wells on the three street facing sides. Variations requested: O . RECEIVED MAR 1 4 2013 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY CITY OF ASPEN COMMUNITY DEVELOPMENT PLANNER: Sara M. Nadolny, 970.429.2739 DATE: 7/27/2012 PROJECT: 17 Ute Place, Lot 1, Ute Place (Ten Ten Ute) PUD REPRESENTATIVE: William Lewis, Project Manager, 970.319.7399 OWNER: 17 Ute Place, LLC TYPE OF APPLICATION: PUD Amendment DESCRIPTION: The prospective Applicant would like to amend the shape of the improvement envelope for Lot 1 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 rock wall. Per the final development plat, retaining walls and privacy walls may project to the lot lines. Adjustment of the building envelope will cause the deck and window well on the Ute Place side of the property to extend outside of the improvement envelope. According to the final development plat, encroachments may be allowed beyond the improvement envelope on this property on the Ute Cemetery side of Lot 1 in the form of a balcony and/or deck, extending a maximum of 18". 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/docs/City/Conidev/AppsÂ°/020andÂ°/020Fees/landuseappform.pdf Land Use Code Section(s) 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 $945.00 for Community Development Administrative Review. This includes three (3) hours of staff review time. Additional time over three (3) hours will be billed at $315 per hour Total Deposit: $945.00 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 [X] Total Deposit for review of application. E] Pre-application Conference Summary. .. ~ 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. E 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. ~ A site plan depicting the proposed layout and the project's physical relationship to the land and its surroundings. ~ Completed Land Use application and signed fee agreement. E An 8 1/2" x 11" vicinity map locating the subject parcels within the City of Aspen. ~ 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 EX] 2 copies of the complete application packet and maps. E 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. .. A Written Description of the Proposal 17 Ute Place Aspen, CO 81611 We are proposing to amend the shape of the existing iniprovement building envelope. The subdivision and improvement envelope information for 17 Ute Place Lot I is recorded in book ] 9 page 81. 7-he existing i niprovement envelope is 8264.25 square feet in size and our proposed improvement envelope is to be exactly the same size. The only thing that is changing is the shape of the iniprovement envelope. We are removing square footage from the Ute Place side (South East) and adding it to the back side (-North West) of the house. This change in shape is to ensure the compliance of the proposed design. 26.445.100 - A. PUD Insubstantial Amendment Questions 1. A change in Ihe use or character ofthe development. We will be changing the Character of the house. 2. An increase by greater than three percem (3%) in the overall coverage qfstructures on the land. We will liave Illore than 3% increase in overall coverage of the structure. but the envelope will remain tile salne size. 3. Any amendme}it thal substantially increases trip generation rates ofthe proposed developmem or jhe demand fbr publicÂ®cilities. The envelope amendment does not increase the building area and should not have an impact on trip generation or public facilities. 4. A reduction by greater than three percent (3%) ofthe approved open space. No. the envelope square footage is to remain the sanie. We are just changing the shape. 5. A reducfion by greater than one percent (1%) ofthe off-street parking and loading space. No. we will not be impacting oft-street parking. 6. A reduction in required paremem widths or rights-of-wav mr streets and easements, No, we will not be reducing any easements or rights-of-way. 7. An increase ot greater than two percent (2%) in the approred gross leasable floor area of commercial buildings. N/A This is a residential proiect. 8. An increase by greater than one percem (1%) in the approved residential density of the development. No. This is a single Fainily residence. 9. ,'lny change, which is inconsistem with a condition or representation 01 the projecfs original approval or u'hich requires granting a variation.from the project's approved use or diniensional requirements. No. .... . i . / - \ -0-1 FORUM PHI , 1 117 South Spring Street, Suite 202 \ Aspen Colorado 81611 1 1 P 970.279.4157 F. 866 770.5585 ' 1 1 - \ . -- 1 - . 1 \ 17 Ute \ l -/ 17 Ute LLC \ - 17 Ute Place - -,- Aspen. Colorado 81611 reâ‚¬11*- - / 1 I I .-36 , 10'PAEEE$ E~EfENT / N--r.- - /\ 1 \ --.. \ 1 - -- \ 1 T----- -,- \ ./ \1 ---- \ 1 L - -- --- \ \ ./ 1 ---i- ---- , 1 -0" ACCESS EASEMENT 7-- \ - 1 20 1 CONSULTANTS - \ SURVEYOR - ~ Tuttle Surveying Services \\\ 266 Heather Lane Glenwood Spirngs. CO 81601 P (970) 928-970e , F (970) 947-97007 , CIVIL Roaring Forl Engineering \\ Carbondale, CO 81623 ~ PO Box 1117, \ P (970) 948-7474 \ \ GEOTECH 2 HP Geotech ~ ~ ~ POND 5020 County Road 154 Glenwood Springs, CO 81601 , P (970) 945-7900 ' F (970) 945-8454 \\ ~ i , STRUCTURAL ~~ ~ ~ EVOLVE Structural Design , 29029 Upper Bear Creek Road #308 i i Z , ' Evergreen, CO 80439 P (303)670-0028 C (720) 626-9201 - ' CONTRACTOR TBD \ % \ \ \ 1 1/31/2013 DATE OF PU 8UCATION \\ \ \\\ \ \\ i\\ \ \ 11 1 SD M/D/YY NOT FOR CONST i 1 \--1 EXISTING ENVELOPE Â£ 1 ~ | PROJECT NO 1206 8,264.25 sq ft ~ ~ , DRAWN BY SMW \ \ \ 7- PROPOSED ENVELOPE ' COPYRIGHT FORUM PHI, LLC 8,264.25 sqft \ \ \ \ , t SHEET TITLE PROPERTY LINE L.0 LANDSCAPE 1/8" i 1'-Or HOA Envelope Change HOA Envelope Change ENVELOPE onana 1N31NBSV3 1(Val .0- El .... / / 11,1111< i 1 Iii 1 i 1 1 11 1 \ 1 11 < < FORUM PHI 1 / lit / it\ Aspen. Colorado 81611 117 South Spring Street. Suite 202 P 970.279.4157 F 866 770.5585 1 / 1 1\ / I \'f - 17 Ute -2,2 1 < 17 Ute LLC 1 izi/ 17 Ute Place \ 1 -//0- I--* f Aspen, Colorado 81611 ~-Â«IcÂ«SL l i .// \: ril\\ \ \ \\ -_22â‚¬21!YEW,5.EMEMENT_ .\ \\ \\ XC-*3*~ - ----NO / 47 1 '\ 1 \4. (47 1%\ / STEVEN \ 44 / . 134'X \ .0.\ \\\.1 %34/ -- - I =9Â£aTY,LM _. 1\1 2 A -1 1g71 C -Â»6 1 \\ I * 1 WILSON 1 * 1 h h\ \ \ 402127 /. N70_----'~ - SPILL WAY , i \ 4,2-, 0 i /0 \ 14% ab-/fy 1 - -a-.3 8 51 1 S 4 1 ----- -/L~*<<*-9-Il ~ ~~ ~~ *B DED Aa. i . % Trf-1 ffi -1~1- 1 zx-x -,--4~C.~MOVED- -.-1~ -41~ plopos'I .#41 4 th i i \ \ li TREETOSE REMOVED- - \~~ \~ \ CONSULTANTS \\ 1 l/\\ SURVEYOR ' 1 1 -TREE TO BE REMOVED| . I V Tuttle Surveying Services li / -A WATER LEVEL. /1 1 -- 9 POND 0\ 04 $ 6 1 \ 266 Heather Lane Glenwood Spirngs CO 81601 \ EXISTING ENVELOPE -ek' 1 7965 6. \ P (970) 928-9708 .\\ L -mEE To sE REMOVED V y.. \ 3~ % TREE 10 02 1# OVAD , _ r F {970) 947-97007 111 -Â«Â« GROWPOFTREESTOBEREMOVE~~-r ~~~~ ~~~ CIVIL ' TREE TO BE REMCIED i ' \ \ ~ ~ \~ Roaring Forl Engineering \ I i PLANTER ~ \\ ' * \1 lEi i , \ IIi \41 ./.\ PO Box 1117 Carbondale, CO 81623 1 1 - , '' â‚¬26\ .4*\ :43% N \ P (970) 948-7474 7% 9 , 1 // Â£114 // / 4/4 . %*41 ,\ \\ GEOTECH , // 1,\ \. POND .% HP Geotech , 3-Â· ~ 5 ~ 0 Glenwood Springs CO 81601 \\ 5020 County Road 154 j \\\\///31 \ , 11 , U 1 44\11 \ 1%1% LOT 1 \\ r. \ \\ \\ ' 3 F (9701 945-8454 _ p (970) 94S-7900 1 i 0 \ - /~ 7 / \ UTE PLACE STRUCTURAL ' 12' POND SET8ACK SUBDIVISION * // / k \\ \0\ i 0< A - / I ' 1 1 PER HOA REQUIREMENTS 29029 Upper Bear Creek Road #308 EVOLVE Structural Design~ EXISTING ENVELOPE -, 1 + - 2 :---~Â»._ 7\ 2 Evergreen, CO 80439 0.690 ACRES +/Â· i 1 PROPOSED ENVELOPE 1 , /: /N~~ V ~:1 \\ \ \ \ \\. i \\ PERvious 4 C (720) 626-9201 P (303) 870-0028 PATIO i , CONTRACTOR \ : / EXISTING ENVELOPE t\L \\11\ 1 \ 4 \\1 1 \ \ A Â»9- , , lir TeD DRAIN 7963.68'-7 1\ / TREE TO BE REMOVED k i \\ 7 E+__ 1 Z I TREE TO BE REMOVED \ \ 2/13/2013 DATE OF PUBLICATION \ \ 1'777-_ , ~ " .r i l lup*opoSEDENVELOPE r ~ DRAIN. 7965.20' ~ -2 4 - i' 1 ". TREETODC 9['.0.'ED \, \ \\ \ 4 ,\~-- 1 \/1*L LE[Lun ' '-ut -~t-~-4~\. N $ 1- \Â«/4// 1 /1 1 1 /i 11 . 1 \ 1 PATIO i OUT -Câ‚¬ R -'AL 7967 T WATER l I :CO) AFEA i , 1 1 : I. .\--7--U - I TREE TO BC T'[[MC'.'EC '-*--- .. . _ - -------r TREE TO DC REMOVCD ' . I C * \\\ ~ ----- t . - luu - _ ra . 7968 i i , . / 9 1 CD M/ORY PERMIT '... ' 4. 1 0 2 4%.I '' Â£ 1 t X. J / 7967 PROJECT NO 1206 ~ 796 PROPERTY LINE \ TREE TI BE REMOVED - 6~7 WALLENCROACHMENT EASEMENT _DRAWN BY SMW ,O PR ERTY LINE 4 1- --_~ COPYRIGHT FORUM PHI, LLC UTE AVENUE 0 / 3/32'= 110 SITE PLAN SHEETTITLE AO.1 SITE PLAN .- i NBVIBSÂ¥3 Al.Illin.(h[}2 .. 17 Ute Place LLC RO. Box 1860 Bentonville, AR 72712 December 13, 2012 City ofAspen Building Department 130 South Galena Street Aspen, CO 81611 To Whom It May Concern: Please accept this letter as our approval for Forum Phi, Inc. to apply for and pull any necessary construction permits required to complete the remodel and repairs of the property 17 Ute Place, Aspen, Colorado. The following is the name and address for the company. Mr. Steev Wilson Form Phi, Inc. 117 S. Spring Street, Suite 202 Aspen, Colorado 81611 Ph: 970-279-4109 Fax: 866-770-5585 Thank you for your attention to this matter. Sincerely, 17 Ute Place LLC. -N-.-4 1 X2> c--0Â»~.ZE- _aan~,JU- L (\LE 21'1 deu.Â·21- F I Managing Member 17 Ute Place LLC 7 2>-4 . . t. .2. Eat I Maadc'. i i --2> .' Fglinent lel.Sy'll J /, C 1Â«7.PAL#;1 L ..7.7..4 - -- E HYMAN 4 *91*1Â¥--939.4% fl Ul-Deâ€¢ 41.- f,~1$71 2 .r : : : &1 R z t f 1 - - --2 5 1 2 - 9 2. E- t A v e - 11 0.9 - ~ 26:1 Mou:,11:Ell . h. C l Indepindence ,â€¢~\ h â€¢1 iJJ --*i 2 ..4/:4 A- -...,2 / 60 P KeÂ·cide LO.1 ~11 4 0 * I 14.13"34 14- tfout=:4 Â»~~g * *~1.2'RDMORE{07 7 Â·tf.f . 1 0 : 72 r ~ ~'PL - 24 *lbi KATHRYNE WAY~ '. ~ f . .0 I .W .. f f i.6.Tlyd,2 Pen PUD ' g U 0<3*h~ 0/LI . .. . a I li *\ ' .4 \ 0:'tltrhyfl k - 2 . ;3/5*fÂ·- b~I ~=- ~~ f 1*-2@<: J 2-00 574 . '. 2~ . 1.---1 ''- & t. I Kup.04:C~ <, 1/' -1:~ Ar~Â·mcre- L/f,., 0 /7 C n 2 11 â€¢ '5 4 G# U Â£1 1 1,2 , '.. 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III 2 i** Â¥ i344~57 p. -- Â· \V E'. 4% 1 1.11 1 91(31 11 - . 1,925Â»/ 1~ , 44~ - b) Jh .3.:Â»1\~4< . - . cli ,r .9 ~ 1 lÂ· IZ11 i :~*4- Â£-1\ VICI NITY MAP Â»- 3 1 # & rv- 236., 47242-Â· -t .Vo.davo24 .Reannq~~.'i <A -- 1- ela . 4.9 /l \,- . g . 17 UTE PLACE, .M i /4.1 . . Ils 10 4 256 \\ fÂ·- 1 ----1111 ~24 LEMS:i---- -----2394 -Â·ritti ; t- 1 ~-~~ 1 r j ASPEN, CO ke-' '-1 1 .. ) . 21 r \5 4% , -Vl> f,z . /1 91 >3 1-111 6, I * . . J-Â£' Â·A 147%12 'tt&,41 + f H \ 1 < /1 n - -- I '9.1 t. \ . . *4 i ..5, (: 1~ ....'' ~:6 fl:Â·' Â» '33.0,~903,24. 0 \0 1 4 ,-44.46Â·4 1 -Â·: 2.--1 04115.71, . ./4: 9 1 . ' /4 tiffÂ·*4~ I \P %~ 2 - -A..f> . r - -' W Â· Â· 1: 1 49(77 |YA 7~/ lÂ«-f';2 11 1-11 + C 2 f . 1-" i r ....641, fi: .i.~I'-41'NÂ·96. t m '' 1 1 1../ J 4=vit' 0(* :fibtâ€¢ 7=r, h ir' I K b \0 . A#; , i ---s >_.citansÂ·,i"Â· ue AvenuEÂ· - / D fe ?:f .pon..1'.,9,1:.. 2.- A.~ ..6 , # .7 /Â£% ' - -. ' . . 1 4 '--*- =7 -1> ..1-r.-.pa/21)66*RA- ...N:Z .... .. -L-*Nuoi=:42 CRYSTAL ..2.-. C . if [Â« -4--' e \147 . ..4 -> -31' s. 1 -- -aL .2.-0 5/ .. . .. -4 ..hi i ' 14 .. OATES, KNEZEVICH, GARDENSWARTZ 86 KELLY, P.C. .: March 11.2(313 Via Iland Deli,en 17 Ute U,C c.,O X teev Wilson Suite 2101 0197 Prospector i )rive Aspen, Colorado 8161 1 Re: 1.01 1. L le Subdivision Dear Steve: 1 his i> to confinn that the Board off)irectors of t.te Place Subdivihion and the t'equisitc number of r.1 1 ouneri 011 te INace nene apprmed the relocation of the improwment ell\Clopeon Lot 1 pursuant to >.our submitted phms. 1 herel'ore. b ou are entitled to procced i,kitli the approved rent,rations on Lot 1 54) It)116 ah the C ity of Aspen approves and signs the Amended Plat showing the relocated envelope as shoun on your dra,# ilig A ] 0. ] dated I crbruar> 1 8.20] 3.1 hank you for your cooperation during the approval process. As aluays. should you have in> questions Concerning the forevoinit. please feel free to Cive me a call. 6<Â« Â» Rest regards. Oates. Kncze, ich. Gardenswartz. Kelly & Morrow, P.C. 1 3 Vt 7/ . Richard 6 Knezevich RAK/cpd ittlet{}Sureh . 1 ~I,01 ~ r I FORUM PHI ' , I \ I . M: 1 tx .1 1 ..44. . , . 1 2 ; 1 : U .3. 4 31" ~ -7 - -~ . 2 ~ ~ 44 .:.~M . , . . f k ' I . 2.' . ./ 1 .. . r %. ..2...7. 9.4. ,\ i i . 14 5- iÂ« N %,4, VE i , . + 2213 4 .1 '51 11 .~ 11 . . 1 1 1.: 0 '11%. r ~tN:3 1 2 A. e i...: , 4, Pts: 1 : 1 1 t?***:>: :: 9 1, i l .13: I 11 ~ t. , . --H- 1 1 1 .2. i ' I. 2 .r .... G' Â· 4 7\ 1 . .. 0 . = 1,- - 1 M n - -:r . 4 1 .1 'K Ar...t.. 4+ I : 2 p. . 1. r .. ~ . . . 13' q I f +1 '*/al . 4. I : I 0. A10.1 ANDSCAPING PROPOSED 4% 4 0 g .. RECEIVED ONE REPORT APR 1 - 2013 To: FORUM PHI Date &\We@ FOM *13 Land Title COMMUNITY DEVE_ UNi GUARANTEE COMPANY Attn: WILLIAM LEWIS Order Number 470065 WWW.NCI C o M Fax: Phone: 970-319-7399 Address: 17 UTE PL ASPEN, CO 81611 County: PITKIN LEGAL DESCRIPTION LOT 1, SUBDIVISION UTE PLACE, COUNTY OF PITKIN, STATE OF COLORADO. OWNERSHIP & ENCUMBRANCES Certification Date: 03-11-2013 OWNERSHIP: 17 UTE PLACE, LLC Doc Type - Doc Fee Date Reference# WARRANTY DEED $630.00 04-25-2012 588573 ENCUMBRANCES AND OTHER DOCUMENTS Item Payable To Amount Date Reference# DEED OF TRUST JEROME MEISLIN, AS TRUSTEE UND $2,000,000.00 07-05-11 580984 Cust Ref# 1206 Thig ()NE REPORT i~ based on a limited search of the county real property By: AMY REINERT dors not constitute any form of warratity or guaratitee of title or title reiÂ·or(1% and is intended for informational purposes only. The ONE REPORT Land Title insurance, and should not be used by the recipient of the ONE REPORT Property Resource Specialist 5,0 the basi% for making any legal, investment or busitiess decisi{)110. The recipient of the ON[. REPORT should consult legal, tax and other advisors Email: areinert@Itgc.com before making any %uch decision%. The liability of l.and Title Guarantee Phone: 303-850-4192 Company is wrictly limited to (1) the recipient of the ONE REPORT, and no other person, and (2) the amount paid for the ONE REPORT. Fax: 303-393-4978 Form OE.WEB 06/06 4,14. .. ~ - p Prepared For: FORUM PHI Land Title WILLIAM LEWIS GUARANTEE COMPANY WWW LTIC Col Reference: 17 UTE PL ASPEN, CO 81611 Attached are the additional documents you requested: Doc Type Recorded Reception#/BookPage AMY REINERT Land Title Property Resource Specialist Email: areinert@ltgc.com Phone: 303-850-4192 Fax: 303-393-4978 ADD.DOCS 470065 Parde] Detail http://pitkiliassessol-~/assessor/Parcel.asp?AccountNumber=R012514 Pitkin County Assessor Parcel Detail Information Astieswr Propert> 4..:urb I Assessor Subset Quer> I Assessor Sales Search C[.er.4 & Recorder Reception...5.c:i.r.g.b 1 rl le:1..S..ll.lier....~..1..(t.>i....5etirc..b...5.q:i.re..1.1. GIS Map I (,154 1 Ielp Basic Buildilly Characteristics I Vallie Suillinari Parcel Detail I Vallie Detail I Sales Detail I Residenti:,1/Conunercial hnprovement Detail C )wnet [)etail I .1..,..a.nit....[)â‚¬1.ail I P.ligto.grp_El..).s Tax ~ Account Parcel 2012 Mill Area Number Number Property Type Levy 056 R0 l 25 l 4 273718265001 ZRESIDENTIAL 32.718 Primary Owner Name and Address 17 UTE PLACE LLC PO BOX 1860 BENTONVILLE AR 72712 Additional Owner Detail Legal Description Subdivision: UTE PLACE Lot: 1 Location Physical Address: 17 UTE PL ASPEN Subdivision: 1]TE PLACE Land Acres: 0.690 Land Sq Ft: 0 2012 Property Value Summary 1 of 3 2/12/2013 2:53 PM Parcel Detail http://pitkinassessoldw/assessor/Parcel.asp?AccountNumber=R012514 l Actual Value Assessed Value Land: 0 5,000,000 398.000 Improvements: 2.838.200 225.92() Total: 7.838.200 623.920 Sale Date: 4/25/20 12 Sale Price: 6.300.000 Additional Sales Detail Basic Building Characteristics Number of Residential Buildings: I Number of Comm/Ind Buildings: 0 Residential Building Occurrence 0 Characteristics FINISHED GARAGE: 483 2ND FLOOR: 862 FINISHED BSMT: 2.984 FIRST FLOOR: 3320 ROOF DECK: 140 CONCRETE PATIO: 1363 Total Heated Area: 7.166 SINGLE FAM Property Class: RES-IMPROVE<MEN Actual Year Built: I 988 Effective Year Built: 2000 Bedrooms: 6 Baths: 6.5 Quality of Construction: EXCEL. 1 13+ Exterior Wall: WOOD SD GO Interior Wall: DRYWALL Floor: BASE Heat Type: HT WTR B/B Heating Fuel: GAS Roof Cover: CEDAR SHAK Roof Structure: GABLE/HIP Neighborhood:UTE PLACE SUBDIVISION 2 of 3 2/12/2013 2:53 PM Pateel Detail http://pitkinassessor~assessor/Parcel.asp?Account\umber=RO 1 25 1 4 Super Nbhd: CITY OF ASPENi 11)11 f.?...1~ puge Assessor Database Search Options Pitkin (:..gunty 11(}nle Page The Pitkin County Assessor's Offices make every effort to collect and maintain accurate data. However. Good Turns Software and the Pitkin County Assessor's Offices are unable to warrant any of the information herein contained. Copyright * 2003 - 2012 Good Turns Software. All Rights Reserved. Database & Web Design by Goollyult>oftware. 3 of 3 2/12/2013 2:53 PM .. Land Title Guarantee Company CUSTOMER DISTRIBUTION Land Title GUARANTEE COMPANY W.W.LI G. co ' Date: Ott-18-2012 Our Order Number: Q62004536-3 Property Address: 17 UTE PL ASPEN, CO 81611 If you have any inquiries or require further assistance, please contact one of the numbers below: For Closing Assistance: Closer's Assistant: For Title Assistance: Kate Staskauskas Ann Mason Aspen Title Dept. 533 E HOPKINS #102 Phone: 970 925 1678 Kurt Beereboom ASPEN, CO 81611 Fax: 970 925 6243 533 E HOPKINS #102 Phone: 970 925 1678 EMail: antason@ltgc.com ASPEN, CO 81611 Fax: 800 318 8202 Phone: 970 925 1678 EMail: kstaskauskas@ltgc.com Fax: 970-925-6243 EMail: kbeereboom@ltge.com JOSHUA & C(). HOUSTON & GOROG 300 S HUNTER 400 E HYMAN ASPEN~ CO 81611 ASPEN, CO 81611 Attn: MARC FRIEDBERG Attn: HEIDI liOUSTON Phone: 970-925-8810 Phone: 970-925-6866 Fax: 970-925 4349 Fax: 970-925-8391 Copies: 1 Copies: 1 F.Mail: marcfrie@rof.net EMail: heidi@sspensalesandrentals.com Sent Via EMail Sent Via EMail JAMES M DEFRAN Ch\ AND CYNTHIA 1 DEFRANCIA DENNIS BLCH P() BOX 12393 4400 N SCOTTSDALE ROAD BLDG 9-283 ASPEN CO 81612 SCOTTSDALE, AZ 85251 Attn: JAMES M DEFRANCIA AND CYNTHIA J DEFRANCIA Attn: RAMI PARTNERS LLC EMail: JI),Francia@liowe.Enlerprises.com,cdfran@conica EMail: DENNIS@RAMIPARTNERS.COM Sent Via EMail LAND TITLE GUARANTEE COMPANY RHONDA BAZIL PC 533 E HOPKINS #102 230 E HOPKINS AVE FRNT ASPEN, CO 8]611 ASPEN, CO 81611-1938 Attii: Kate Sta%kauskas Attn: RHONDA BAZIL Phone: 970-925-1678 Phone: 970-925-7171 Fax: 800-318-8202 Fax: 970-925-4668 EMail: kstaskauskas@llgc.com EMail: rjbazil@sopris.net Sent Via EMail 04.27.12 .. Land Title Guarantee Company CUSTOMER DISTRIBUTION Land Title GUARANTEE COMPANY WWW IrIC COM Date: 04 18-2012 Our Order Number: Q62004536-3 Property Address: 17 UTE PL ASPEN, CO 81611 GARFIELD & HECHT PC. HOUSTON & GOROG 601 E HYMAN AVE 400 E HYMAN ASPEN, CO 81611 ASPEN, CO 81611 Ami: F. MICHAEL HOFFMAN Attn: AMANDA Phone: 970-544-3442 Phone: 970-925-6866 Fax: 866-929-7870 EMail: AMANDA@ASPENSALESANDRENTALS.COM EMail: mholl'nian@gatÂ·fieldhecht.com Sent Via EMail Sent Via EMail JOSHUA & CO. 300 S HUN1 ER ASPEN, CO 81611 Attn: COREY STRAHM Phone: 970-925-8810 Fax: 970-925-4349 EMail: corey@joshuaco.com Sent Via EMail 04.27.12 DELIVERY.0 (8/2003) .. Land Title Guarantee Company Date: 04-18-2012 Land Title Our Order Number: Q62()04536-3 GUARANTEE COMPANY WWW LTIC CO â€¢ Property Address: 17 UTE PL ASPEN, CO 81611 Buyer/Borrower: 17 UTE PLACE, LLC, A DELAWARE LIMITED LIABILITY COMPANY Seller/Owner: JAMES M. DEFRANCIA AS TO AN UNDIVIDED 58% INTEREST AND CYNTHIA J. DEFRANCIA AS TO AN UNDIVIDED 42% INTEREST Wire Information: Bank: ALPINE BANK 600 E HOPKINS ASPEN, CO 81611 Phone: Credit. ABA No.: 102103407 Account: 2020010529 Attention: Kate Staskauskas ****************************************************************** Note: Once an original commitment has been issued, any subsequent modifications will be emphasized by underlining. ****************************************************************** Need a map or directions for vour upcoming closing? Check out Land Title's web site at www.ltgc.com for directions to any of our 54 office locations. ESTIMATE OF TITLE FEES ALTA Owners Policy 10-17Â·92 (Reissue Rate) $6,062.00 Deletion of Standard Exception(s) (Owner) $65.00 Tax Certificate $25.00 If Land Title Guarantee Company will be closing this transaction, above fees will be collected at that time. TOTAL $6,152.00 Form CONTACT 06/04 THANK YOU FOR YOUR ORDER! .. Old Republic National Title Insurance Company ALTA COMMITMENT Our Order No. Q62004536-3 Schedule A Cust. Ref.: Properly Address: 17 UTE PL ASPEN, CO 81611 1. Effective Date: April 16, 2012 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: "ALTA" Owner's Policy 10-17-92 $6,300,000.00 Proposed Insured: 17 UTE PLACE, LLC, A DELAWARE LIMITED LIABILITY COMPANY 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: JAMES M. DEFRANCIA AS TO AN UNDIVIDED 58Â°/o INTEREST AND CYNTHIA J. DEFRANCIA AS TO AN UNDIVIDED 42% INTEREST 5. The Land referred to in this Commitment is described as follows: LOT 1, UTE PLACE SUBDIVISION (FORMERLY KNOWN AS TEN TEN UTE SUBDIVISION), ACCORDING TO THE PLAT THEREOF RECORDED JUNE 19, 1987 IN PLAT BOOK 19 AT PAGE 80 AND FIRST AMENDMENT RECORDED APRIL 14, 1988 IN BOOK 561 AT PAGE 179 AND SECOND AMENDMENT RECORDED APRIL 12, 1991 IN BOOK 643 AT PAGE 896. COUNTY OF PITKIN, STATE OF COLORADO. .. ALTA COMMITMENT Schedule B 1 (Requirements) Our Order No. Q62004536-3 The following are the requirements to be complied with: Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to-wit: 1. EVIDENCE SATISFACTORY TO Tl IE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF THE TOWN OF ASPEN TRANSFER TAX HAVE BEEN SATISFIED. 2. (ITEM INTENTIONALLY DELETED) 3. DULY EXECUTED AND ACKNOWLEDGED STATEMENT OF AUTHORITY SETTING FORTH THE NAME OF 17 UTE PLACE, LLC, A DELAWARE LIMITED LIABILITY COMPANY AS A LLC. THE STATEMENT OF AUTHORITY MUST STATE UNDER WHICH LAWS THE ENTITY WAS CREATED, THE MAILING ADDRESS OF THE ENTITY, AND THE NAME AND POSITION OF THE PERSON(S) AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING, OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF TIIE ENTITY AND OTIIERWISE COMPLYING WITH THE PROVISIONS OF SECTION 38-30-172, CRS. NOTE: TllE STATEMENT OF AUTHORITY MUST BE RECORDED WITH THE CLERK AND RECORDER. 4. RELEASE OF DEED OF TRUST DATED MAY 05,2006 FROM JAMES M. DEFRANCIA AND CYNTHIA J. DEFRANCIA TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF JPMORGAN CHASE BANK TO SECURE THE SUM OF $688,000.00 RECORDED MAY 23, 2006, UNDER RECEPTION NO. 524419. 5. RELEASE OF DEED OF TRUST DATED SEPTEMBER 09,2008 FROM JAMES M. DEFRANCIA AS TO AN UNDIVIDED 5896 INTEREST AND CYNTIIIA J. DEFRANCIA AS TO AN UNDIVIDED 42% INTEREST TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF COMMUNITY BANKS OF COLORADO TO SECURE THE SUM OF $1,250,000.00 RECORDED SEPTEMBER 18, 2008, UNDER RECEPTION NO. 552969. 6. WARRANTY DEED FROM JAMES M. DEFRANCIA AS TO AN UNDIVIDED 58% INTEREST AND CYNTHIA J. DEFRANCIA AS TO AN UNDIVIDED 42% INTEREST TO 17 UTE PLACE, LLC, A DELAWARE LIMITED LIABILITY COMPANY CONVEYING SUBJECT PROPERTY. NOTE: ITEMS 1-3 OF THE STANDARD EXCEPTIONS ARE HEREBY DELETED. .. ALTA COMMITMENT Schedule B 1 (Requirements) Our Order No. Q62004536-3 Continued: NOTE: UPON APPROVAL OF TIIE COMPANY AND THE RECEIPT OF A NOTARIZED FINAL LIEN AFFIDAVIT, ITEM NO. 4 OF THE STANDARD EXCEPTIONS ON THE LOAN POLICY WILL BE DELETED. UPON THE APPROVAL OF THE COMPANY AND THE RECEIPT OF A NOTARIZED FINAL LIEN AFFIDAVIT, ITEM NO. 4 OF THE STANDARD EXCEPTIONS ON THE OWNER'S POLICY WILL BE AMENDED AS FOLLOWS: ITEM NO. 4 OF THE STANDARD EXCEPTIONS IS DELETED AS TO ANY LIENS OR FUTURE LIENS RESULTING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF JAMES M. DEFRANCIA AS TO AN UNDIVIDED 58Â°/o INTEREST AND CYNTHIA J. DEFRANCIA AS TO AN UNDIVIDED 42% INTEREST. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR ANY LIENS ARISING FROM WORK OR MATERIAL FURNISHED ATTI"IE REQUEST OF 17 UTE PLACE. LLC, A DELAWARE LIMITED LIABILITY COMPANY. NOTE: ITEM 5 OF THE STANDARD EXCEPTIONS WILL BE DELETED IF LAND TITLE GUARANTEE COMPANY CONDUCTS THE CLOSING OF THE CONTEMPLATED TRANSACTION(S) AND RECORDS THE DOCUMENTS IN CONNECTION THEREWITH. NOTE: UPON PROOF OF PAYMENT OF ALL TAXES, ITEM 6 WILL BE AMENDED TO READ: TAXES AND ASSESSMENTS FOR THE YEAR 2012 AND SUBSEQUENT YEARS. .. ALTA COMMITMENT Schedule B-2 (Exceptions) Our Order No. Q62004536-3 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, 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. 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 and assessments not yet due or payable and special assessments not yet certified to the Treasurer's office. 7. Any unpaid taxes or assessments against said land. 8. Liens for unpaid water and sewer charges, if any. 9. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED IN BOOK 175 AT PAGE 299. 10. TERMS, CONDITIONS AND PROVISIONS OF COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED JUNE 19, 1987 IN BOOK 539 AT PAGE 672 AND AMENDED COVENANTS RECORDED JULY 24, 1987 IN BOOK 542 AT PAGE 240, JUNE 8, 1989 IN BOOK 594 AT PAGE 529, RECORDED SEPTEMBER 18, 1996 UNDER RECEPTION NO. 397167, RECORDED SEPTEMBER 10, 2004 UNDER RECEPTION NO. 501772, RECORDED FEBRUARY 23,2006 UNDER RECEPTION NO. 521143 AND RECORDED SEPTEMBER 28 2009 UNDER RECEPTION NO. 563201. 11. EASEMENTS, RIGHTS OF WAY AND ALL OTHER MATTERS AS DISCLOSED ON THE RECORDED PLAT OF SUBJECT PROPERTY RECORDED JUNE 19, 1987 IN PLAT BOOK 19 AT PAGE 80 AND FIRST AMENDMENT THERETO RECORDED APRIL 14, 1988 IN BOOK 561 AT PAGE 179 AND SECOND AMENDMENT RECORDED APRIL 12, 1991 IN BOOK 643 AT PAGE 896. 12. TERMS, CONDITIONS AND PROVISIONS OF SUBDIVISION AGREEMENT RECORDED JUNE 19, 1987 IN BOOK 539 AT PAGE 629. .. ALTA COMMITMENT Schedule B-2 (Exceptions) Our Order No. Q62004536-3 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: 13. COVENANT AND AGREEMENT LIMITING FLOOR AREA RESERVED IN DEED RECORDED APRIL 15, 1988 IN BOOK 561 AT PAGE 294. 14. TERMS, CONDITIONS AND PROVISIONS OF ENCROACHMENT AGREEMENT RECORDED JULY 31, 1990 IN BOOK 626 AT PAGE 103. .. LAND TITLE GUARANTEE COMPANY and LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: A) The sul;ject realpropertv may be located in a special taxinK district. B) A Certi icate of laxes Due listing each taxing jurisdiction snall be obtained from the County Treasurer or the County Treasurer's authorized agent. C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time 01 recording whenever the title entity conducts the closin~ and is responsible for recordiqg or filing of legal documents resulting from the transaction w ich was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner s Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic' s lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, bection 2 of the Commitment from the Owner s Policy to be issued) upon compliance with the following conditions: A) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B) No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic s and material-men's liens. D) The Company must receive payment of the appropriate premium. E) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate preinium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary alter an examination of the aforesaid information by the Conipany. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. A) 1 nat 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 iii the property; and B) That such mineral estate may include the right to enter and use the property without tne surface owner's permission. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, information to an insurance company for the purpose of defrau(ling or incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting attempting to defraud the poligholder or claimant with regard to a settlemwnt or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department ot regulatory agencies. Nothing herein contained will be deemed to obligate the cqmpany to provide any of the coverages referrea to herein unless the above conditions are fully satisfied. DISCLOSURE 02/2011 .. JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION, LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company and Meridian Land Title, LLC, as agents for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: * applications or other forms we receive from you, including communications sent through TMX, our web-based transaction management system; * your transactions with, or from the services being performed by, us, our affiliates, or others; * a consumer reporting agency, if such information is provided to us in connection with your transaction; and * the public records maintained by governmental entities that we either obtain directly from those entities, or from our aftiliates and non affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: * We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. * We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. * Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. * We regularly access security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Form PRIV. POL.ORT .. Commitment to Insure ALTA Commitment - 1970 Rev. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, herein called the Company, for a *** valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, n favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land f 96 described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedule A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the indentity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this **** Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. CONDITIONS AND STIPULATIONS 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 ill 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 of the proposed Insured 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 liab lity 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 m 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 the 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 made a part of this Commitment except as expressly modified herein. 4. Any action or 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 this Commitment. STANDARD EXCEPTIONS In addition to the matters contained in the Conditions and Stipulations and Exclusions from Coverage above referred to, this Commitment is also subject to 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 theretotore or herea fter 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. IN WITNESS WHEREOF, Old Republic National Title Insurance Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A, to be valid when countersigned by a validating officer or other authorized signatory OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Stock Company '.'4pi. TtlÂ·Â£84'' : h $.4 to 4 400 Second Avenue South 77 * * * d,, : C * 11: Ill"'ll'll Minneapolis, Minnesota 55401 ((** 0 : M} 2 plf_8tl cAN 7 \ (612)371-iiii : % * * 03 hyx- . ASSOCIATION LAND TITLE A'~rized Signhure :' 070.4 .. CC.ORT ."ll..... 0 . FORUM PHI 117 South Spring Street, Suite 202 Aspen, Colorado 81611 P: 970.279.4157 F: 866.770.5585 17 Ute LLC 17 Ute ' 17 Ute Place ~ 1 Aspen, Colorado 81611 1 0 \\ I \ \ \ 1 \ ~Â«-UE--COL--O 1 2 , /03/ "ACCESS EASEMENT f / STEVEN |*| WILSON \ \ 402127 / j 1 1 \ 1 91///-/ ~SEFO_fff~,/' % \\ % \\ 20'-0" ACCESS EASEMENT \ 9 ~ ~\ CONSULTANTS N * SURVEYOR $ Tuttle Surveying Services 266 Heather Lane, 0 Glenwood Spirngs, CO 81601 \ 1 \ 1 P: (970) 928-9708 1 F: (970) 947-97007 1 6, \ ~3~ ~6* \ 1 CIVIL ~ Roaring Forl Engineering \ 1~~-'~ PO Box 1117, Carbondale, CO 81623 019- ~ P: (970) 948-7474 POND 0 -5 0 \ -43) \ GEOTECH 4% HP Geotech <$ 5020 County Road 154 Glenwood Springs, CO 81601 P: (970) 945-7900 F: (970) 945-8454 \ STRUCTURAL EVOLVE Structural Design 29029 Upper Bear Creek Road, #308 ~ \~ Evergreen, CO 80439 P: (303) 670-0028 C: (720) 626-9201 \ CONTI- - -z-Golat,/...4 1 1 .Gui V. U AAR 1 4 2013 rY OF ASPEN \ 1 -~ 1 2/12/2013 DATE OF PUBLICATION , - EXISTING ENVELOPE 8,264.25 sq ft 1 1 1 -PROPOSED ENVELOPE ~ i 8,264.25 sq ft / 1 il SD M/D/YY NOT FOR CONST. i ~ ~ PROJECT NO: 1206 PROPERTY LINE --- - -'=- -a-- _ ~ DRAWN BY: SMW COPYRIGHT FORUM PHI, LLC 3/32" = 1'-0" HOA Envelope Change SHEET TITLE 001 HOA - LI. -... .. 1 1 11 - 1 1 .i~ 1 Wi ~ \ FORUM PHI g 117 South Spring Street, Suite 202 . Aspen, Colorado 81611 P: 970.279.4157 F: 866.770.5585 17 Ute -x#v.0.....1 Â«Â«1151-' 2 1 \ i 17 Ute LLC f -7 4 \\ 17 Ute Place If ----- ... Aspen, Colorado 81611 - -- ~ ~---- - ./ t03/ Â·# # 12.5--7 " " 200/ / 44\ 1 \ 9. 1 ./ 000 dp, 1... 1 --5 -/5// -'.355-0 1, / STEVEN / 2 / . 2. 10/ es#1 926 -0- 9 : ---K--*--*/...i'..21 / a W \ .." 0 0 \ 0 + 1*1 WILSON 1 1 93- .1797/ / pao. 44 \ \ 402127 / / 21 k --4 .~ - 7969 Â· ////0/-- ,. . SPILL WAY t =4 1 .0. ..0- /// \ 7%\\ \ 7 \ --- . 4*liio \r\ %1 --2 , --i /13/731 \ChÂ»_-artÂ« gl 6% #1 -6 ~44*Erna/--- --000 \ .. 9..* - ' t \ \ ~ - ~~TREE TO BE REMOVED -- . 1 0-'.0 ./. ,~2*/1 PROPOSED ENVE'6*8,0 - # ' ~ 7 -4 -L >f< 0:4 -0-00 TREE TO BE REMOVED -. ,,_~ ..__1 \ --- \ E-Â»4 1 2 \ f 1 Nk. \ - \\ t CONSULTANTS i Itt i 0 4 SURVEYOR ~li TREEÂ·TO BE REMQXED ~ \ % IN 1 Tuttle Surveying Services \ . I .% .1 9 3 1 - . \\.: I /. POND # ',0 ~: 1 Glenwood Spirngs, CO 81601 ' '1% - \- \ Â· /11)...... ...' ..., - I vt .13 I \\ I \ 266 Heather Lane, I \ WATER LEVEL Â©~ ' 1 TREE TO BE ~OV - i ~ EXISTING ENVELOPE-*41, '* ~~ ~~ ~ ~ ~ ~ P: (970) 928-9708 7965.6 +A - TREE TO BE REMOVED . \ 0 % \\ F: (970) 947-97007 \ r-Â· ' , 111% I \ *Il \11% ~ GROUP OF TREES TO BE REMOVE[ \ \\ 0 1 TREE TO BE REJ &. 1 \ CIVIL O i. 1, ... . .PLANTER ',Â· \~ .: .. ., :: : i - \ x\* Roaring Forl Engineering k /Â· //. l' otcÂ· \ My.----4~ .Cul \\ . \ r: 1 . 0 PO Box 1117, 4 1 lillil.:2 : . . 00 \ \ \ \% 4, I Z . Â·:~Â·i iili.:: Carbondale, CO 81623 4(/9 2-2-2-1! 2 :I: /: 1 .1 ./ B , .2. I Â·iii : ..iÂ· Â· 4.\ 1 '% ex I ..... \ 0 P: (970) 948-7474 .i O, ' I -01 i . . - 7 - \ - - GEOTECH # 4,4... 1-tl/ 1 - 1/ ' POND 60 0% 1 Hp Geotech 0 \ \ - L 1,1 9%,0 1 1 .\ \ / - rel . I I 5020 County Road 154 \ /1 \ D 1 F+Op-1- thE Glenwood Springs, CO 81601 1- \ ..X \ P: (970) 945-7900 1/ 111\ 1111 - . 1-=13*Lii-1~1,\.\ 41 11 LOT 1 1 ~ 0 ' R (970) 945-8454 UTE PLACE ~ \\ 1 STRUCTURAL / t\\\ \ / .\ \ 1 .\ \ 1 \ -- ~2/ 1 ,E=~AÂ«]EI~~45IG- 1 \41 SUBDIVISION EVOLVE Structural Design ~'-1'~ 1 EXISTING ENVELOPF. - f Evergreen, CO 80439 \ \ 29029 Upper Bear Creek Road, #308 \./.\ 1 /,11~ \=1 0.690 ACRES +/- \. ), 0 '..~.L PROPOSED ENVEL. PE 1 \7 2 149 . . ~ P: (303) 670-0028 I 1/ 1 Ill__142#AF 1 -2-= i: ~ ~ j â€ž. :V C: (720) 626-9201 ' / | ~EL-pagfEE-LIC_ ~~. l, \\ \ \ \ 1 il 1 -\ 1 - 1 1/ fil---RECT - \ -U- k 'l /\ 1% 1 e .._ 1 1.-7- \ CONTRACTOR ....... \ 2 1 / ..; h 0 1 EXISTI NG ENVELOPE . 1 1 TBD 2, e \ \ 1. ,/ i ./ . 1 TREE TO BE REMOVED DRAIN: 7963.68' 3 %\ ---3 ..r 1 1 -: - 1. PLANTER TREE TO BE REMOVED 2/12/2013 DATE OF PUBLICATION *2*49*4*24 1 DRAIN: 7965.20' I EplopOSELiopdL / f'/ ,-//1-,1)'. I .--- 1 I i 1 1--0[=---EF--2-% \ c .Â· 44 0:.41: - le i-[32_[LL-L_ ' 1 - - TREE TO BE REMOVED 4 \\ 1 4 11 1 - 1 1 E L] 1-Â»421 1 -4.-_. -- - i Nost Lt'DE--1 1.-I [LIEF~,)56//1,/./.PAP'Q. /// 1 1: -]dlilikÂ»J !..%... ..~.4 ~~Â«~ 49 -/ OUTQOCR - Â· Â· / / ,/ ~ 4 WATER H CCO"AFEA|1 - TREE TO BE REMOVED , \A _ _.__,.~L-011-Â·-'*â€¢-4Â· 7967 1 -~ --92,9.-'SED -LGE ' r -1 I .... .#: I. 1 ..I , TREE TO BE REMOVED 1 ~ 'fc, . 7- .i. 1 0 + ; ' / ' fÂ» F TREE TO BE REMOVED i / 1 r . r Â· ## M/D/YY NOT FOR CONST. ---- 29 --, ---2966 , I : I p. 8, ... I. ' , . 1= 1 7968 -- 46 \ - I. liLi 1 111'll -I i I PROJECT NO: 1206 Mot I 1 2 + i *Cr TREE TO BE REMOVED Â· L_ WALL ENCROACHMENT EASEMENT 7 ,0 ./... Â· ~ , DRAWN BY: SMW ... 9. I PROPERTY LINE . \X --- PRO ERTY LINE 13 COPYRIGHT FORUM PHI, LLC 1 UTE AVENUE j 1 11 SJTE PLAN 3/32" = 1'-0" SHEETTITLE AO.1 SITE PLAN ..... - fÂ» 0-* lot' . . . . 0 FOUND NO.5 REBAR & GANT CONDO CAP MARKED LS 32972 ASSOC. 1.5' W.C. IMPROVEMENT SURVEY PLAT LOT 1, UTE PLACE SUBDIVISION - M - 41\1 AS TEN TEN UTE SUBDIVISION) JNTY OF PITKIN, STATE OF COLORADO DESCRIBED D MARKED LS 33638 OOT ERLY KNOWN AS TEN TEN UTE SUBDIVISION). ACCORDING TO THE PLAT THEREOF OK 19 AT PAGE 80 AND FIRST AMENDMENT RECORDED APRIL 14, 1988 IN BOOK )MENT RECORDED APRIL 12, 1991 IN BOOK 643 AT PAGE 896. NAIL & WASHER MARKED LS 37972 AT THE NORTHWESTERLY CORNER OF SAID MARKED LS 32972 SOUTHWESTERLY CORNER OF SAID LOT 3, USING A BEARING BED MONUMENTS AS SHOWN HEREON. e PUD R-15 EAS DETERMINED TO BE OUTSIDE OF 500 YEAR FLOODPLAIN" PER EMA FLOOD , MAP ID 08097C0204Â»C TITLE SEARCH BY THIS SURVEYOR TO DETERMINE OWNERSHIP OR TO DISCOVER ' RECORD. ALL INFORMATION PERTAINING TO OWNERSHIP. EASEMENTS OR OTHER KEN FROM TITLE INSURANCE COMMITMENTS ISSUED BY LAND TITLE GUARANTEE 12 AS ORDER NO. Q62004536-3. WING EXCEPTIONS PER SAID TITLE COMMIâ„¢ENT' LS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN M 175 AT PAGE 299. (CANNOT BE GRAPHICALLY DEPICTED) OF COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED JUNE 19. 1987 IN OVENANTS RECORDED JULY 24, 1987 IN BOOK 542 AT PAGE 240, JUNE 8, ED SEPTEMBER 18. 1996 UNDER RECEPTION NO. 397167, RECORDED '0. 501772, RECORDED FEBRUARY 23, 2006 UNDER RECEPTION NO. 521143 AND ECEPION NO. 563201. (AS SHOWN HEREON) OTHER MATTERS AS DISCLOSED ON THE RECORDED PLAT OF SUBJECT '-AT BOOK 19 AT PAGE 80 AND ARST AMENDMENT THERETO RECORDED APRIL SECOND AMENDMENT RECORDED APRIL 12, 1991 IN BOOK 643 AT PAGE 896. OF SUBDIVISION AGREEMENT RECORDED JUNE 19, 1987 IN BOOK 539 AT PAGE FLOOR AREA RESERVED IN DEED RECORDED APR/L 15. 1988 IN BOOK 561 AT R 7ED) OF ENCROACHMENT AGREEMENT RECORDED JULY 31, 1990 /N BOOK 626 AT 1EING A PROFESSIONAL LAND SURVEYOR IN THE STATE OF TIFY THAT THIS IMPROVEMENT SURVEY WAS PREPARED WED LAND SURVEY OF THE PROPERTY CORNER 4ND SET, UNDER MY DIRECT SUPERVISION AND CHECKING; - BEST OF MY BELIEF AND KNOWLEDGE AND THAT ALL \ND ANGULAR WERE DETERMINED BY AN ACCURATE ELD WHICH BALANCED AND CLOSED WITHIN A UMIT OF 1 WITH COLORADO PROFESSIONAL STANDARDS FOR A LAND 'RENT ACCURACY STANDARDS FOR ALTA/ACSM LAND TITLE TY THAT THE IMPROVEMENTS ON THE ABOVE DESCRIBED E 20, 2012, EXCEPT UTILITY CONNECTIONS, ARE ENTIRELY THE PARCEL EXCEPT AS SHOWN, THAT THERE ARE NO DESCRIBED PREMISES BY IMPROVEMENTS ON ANY T AS INDICATED. AND THAT THERE IS NO APPARENT EASEMENT CROSSING OR BURDENING ANY PART OF SAID S. 33638 DATE VICINITY MAP Vil SCALE: 1Â» = 2000' \ NoticeÂ· LOT 1 17 UTE PLACE 1 TUTTLE SURVEYING SERVICES According to Colorado :aw, you must commence any legal action based upon any defect *1 727 Blake Avenue Drawn by: J \N this survey wâ‚¬thin three years qfter you .Arst discover such defect. In no event may Glenwood Springs, Colorado 81601 any legal action based upon any defect 'in UTE PLACE SUBDIVISION ASPEN, CO 81611 Date: 02/20/13 this survey be commenced more than ten yean (970) 928-9708 (FAX 947-900,72 ~~ from the date of the certitÂ¥oation shown TUTTLE SURVEYING SERVICES hereon Email- ieffotss-us.com ........ U... . 0 1, .. 0 . A il 4~4" , &41 '- 0 0.... inhill 0 '. â€¢ /1-1 . a '* .1 31 14, O I. .'. . 0 b. I. , . W,4* .. . 0 .. , , 0 - 0 0 , 0 :I, , ., 0- . 0. . .. . . .' :0 0 . Iii . . 0. . . .., D I.-. 0 ..7, , 4% . ....'' A - '00' 1, A 0 .. . : AAEW -544 0 f ~1~ . DI... D ... 9.. . D . D 0 Ap -?S- 1/ . 0, 0 , . .......=-349*rimid,Vil/A , . .. . 0 I . ... .0, 0 D . 0 , .. ..D ./ D ... . I , 1/.3..6"vigfi= 1 0 V .. 0 - Alk - DO ----/p u.:filia- . I OlD : . . ~ . ~%%2 .4 ,~ /byM ..4. . , ... , D 441 . 0. D I. . ' .... .. ' ' -4- Al.1//./ th#H.,Ve .ki-' . . D . - .., D lt.- . 0 V- 0-0 I .. D . . .. - .. .. . D 'D 2 I. . . - 0-D . D @ 0 .Vi//Flg Fummillini"li".PI illi . 9 - . D . .. I . 2 - 0 , : V ..AVAL,4....1 0 :- -. -.. h 1 4: -'W ... 0. I I ..D D . D - ... . L :.0 . . . /1/ I.Yiraipwr= . 9, 't 4 . D. . .. \,4 me- .. 0 ''~ ...0 1 - I .'%:,t,03~~ 0 0, 0 I.-. 0 -0 I. ./64*Mt..- â€¢Ruy#L~v*vi : ... D. D 1 1,00 /0 0 .ax.li.A . 0, .... . , 0.: VE'/pill,Tabl/28,4. I . 'I.-. I -6 4 . 0 0 .. . I D . .. D 34'~(.2~_--54 I D . .. D ' 0 . . 1 C . f 0 i. .. 4 . D - . . .. , 4 I . D L . . :10: /12 21 I ./. 6. .. :. . . 4 0 .. .. , 6 I . m . D . : I * ' 0-- 0 : 4 -i . . -lo , . I ; ... - ... , 0 . 0 -0 t , I 0. 0,0 .. ...... -. .. .. 0 - ...... - 1 .4 , 00 . 1 . '. 0 '" .. '' 5 -,r 4/j21/. - I . , I I. ... ' i.4 '4 I j I ... 0., ... 1: .44 . 1 . . 40 -3 -- 9 : .. . I . :, . 1,11 ' 1 - 21' 4>3..8 ,n ... 1 . . . 0 . . . 0 FOUND NO.5 REBAR & CAP MARKED GANT CONDO RECEIVED LS 32972 ASSOC. AMENDED FINAL PLAT 1.5' W.C. 4 9 /, 3 -- --- -- --- --- -- - LOT 1, UTE PLACE SUBDIVISION -- CITY Ur C ASPEN OMMUNITY DEVELOPMEN-t -- 0- --* -. / - --0 (FORMERLY KNOWN AS TEN TEN UTE SUBDIVISION) GANT CONDO / K - - - 1 ASSOC. , - \ CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO RECEIVED - - --1- - i vi l - --- / --01 ----- 12' PUBUC TRAIL EASE. / - - LEGEND AND NOTES: APR 2 7013 PLAT BOOK 19 PAGE 80 / 0- _____ 1 CITY OF ASPEN // S. - - - - % INDICATES FOUND MONUMENT AS DESCRIBED GPS CONTROL / MONUMENT / 1 ~ ~ - O INDICATES SET NO.5 REBAR & CAP MARKED LS 33638 GPS-2 1 CITY OF ASPEN / ~ - DATE OF SURVEY: JUNE 20.2012 GPS CONTROL lll LOT 5 MONUMENT 44 ' /' UTE PLACE 4 FOUND NAIL & 17-R SUBDIVISION - THE PURPOSE OF THIS AMENDED FINAL PLAT IS TO REDEFINE THE BUILDING ENVELOPE ON LOT 1, UTE PLACE SUBDIVISION (FORMERLY KNOWN GPS-1 ~ / LS 37972 111 Â» WASHER MARKED UTE PLACE OWNER: RODAN FAMILY LIVING .09 AS TEN TEN UTE SUBDIVISION), ASSOC. SUBDIVISION \ TRUST OWNER: TEN TEN UTE H.O. - UNIT OF MEASUREMENT: US SURVEY FOOT Â« - BEARINGS ARE BASED UPON A FOUND NAIL & WASHER MARKED LS 37972 A T 7HE N0R7HHE-87ERL K CORNER OF SAID LOT 1 /IND A FOUND 0 1 \ NO.5 REBAR & CAP MARKED LS 32972 SOUTHWESTERLY CORNER OF SAID LOT i USING A BEARING OF N33'39'45*W BETWEEN THE TWO DESCRIBED ~ ~~ ~ ~. EASEMENT 1 20' SHARED OR/1/EWA Y UGNUMEVE AS SHOWN HEREGN. Ii/im x PLAT BOOK 19 PAGE 80 / - CITY OF ASPEN & PITKIN COUNTY ZONING: PUD R-15 RE / / 9. / \ 1 1 f - v.. ~ Â« \ - FLOOD ZONE DESIGNATION: ZONE X "AREAS DETERMINED TO BE OUTSIDE OF 500 YEAR FLOODPLAIN* PER FEMA FLOOD INSURANCE RATE MAP I 4 1 /~~ 4 1 ~ 1 PANEL 204 OF 325. MAP ID 08097C0204C 1 90 1 \\ 1 / // \ 11 - THIS SURVEY DOES NOT REPRESENT A TITLE SEARCH BY THIS SURVEYOR TO DETERMINE OWNERSHIP OR TO DISCOVER EASEMENTS OR OTHER \ / \ \\ ENCUMBRANCES OF RECORD. ALL INFORMATION PERTAINING TO OWNERSHIP, EASEMENTS OR OTHER ENCUMBRANCES OF RECORD HAS BEEN TAKEN // 1 \ FROM TITLE INSURANCE COMMIâ„¢ENTS ISSUED BY LAND TITLE GUARANTEE COMPANY. DATED EFFECTIVE APRIL 16, 2012 AS ORDER NO. Â»- Q62004536-3. FOUND NAIL ; '\ e 20'UTILITY EASEMENT ---- WASHER MARKED AMENDED BUILD. EVIO ---- LS 37972 (8.264 SQ. FT. t/-) BOOK 561 PAGE 179 7 / ./ I .1, / O- d\ , .9 / Â· \ ~ De? 77nal E- OF DEZ)/(4 NON AND OHNERS#P I.1%-9 WALL ENCROACHMENT 1 1 ./ 7. d P EASEMENT . i Â·. * w KNOW ALL MEN BY THESE PRESENTS: BOOK 626 PAGE 103 j 9% 1 / // / THAT THE UNDERSIGNED , BEING SOLE OWNERS IN FEE SIMPLE OF ALL THAT REAL PROPERTY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: \ \ 1 1 / / \.0 / \ 1 1. I I // / -- \C, / . x /-:. -/ --- -- 1 FIRST AMENDMENT RECORDED APRIL 14, 1988 IN BOOK 561 AT PAGE 179 AND SECOND AMENDMENT RECORDED APRIL 12, 1991 IN BOOK 643 AT PAGE 896. -- LOT 1, UTE PLACE SUBDIVISION (FORMERLY KNOWN AS TEN TEN UTE SUBDIVISION), ACCORDING TO THE PLAT THEREOF RECORDED JUNE 19, 1987 /N PLAT BOOK 19 AT PAGE 80 AND S \ .1 1 \00 51 // .2/:br / /// /- /3/ /---- X, .' 1\ , I // // // CONTAINING 0.690 ACRES, MORE OR LESS, HAVE CAUSED THE DESCRIBED REAL PROPERTY ID BE SURVEYED, LAID OUT AND PLATTED AS SHOWN ON THIS "AMENDED FlNAL PLAT OF LOT -// .'>r e xI \f I -/ / / 1, UTE PLACE SUBDIVISION (FORMERLY KNOWN AS TEN TEN UTE SUBDIVISIONg A SUBDIVISION IN THE COUNTY OF PITKIN. \,R/ 1146 \1 11 1 1 THE OWNERS Do HEREBY DEDICATE AND SET APART ALL OF THE PUBUC UnunES. THOSE PORTIONS OF SAID REAL PROPERTY wHICH ARE ARE LABELED AS UnUTY EASEMENTs ON THE , Â·lit i ,01 1* 1 , l l LOT 4 ACCOMPANYING PLAT AS PERPETUAL EASEMENTS FOR THE INSTALLATION AND MAINTENANCE OF UllUTIES, IRRIGATION AND DRAINAGE FACIUTIES. INCLUDING, BUT NOT UMITED TO. 1 Fl FOUND NAIL & UTE PLACE ELECTRIC UNES, GAS UNES, TELEPHONE UNES: TOGETHER WITH THE RIGHT m TRIM INTERFERING TREES AND BRUSH; WITH PERPETUAL RIGHT OF INGRESS AND EGRESS FOR INSTALLTION WASHER MARKED SUBDIVISION AND MAINTENANCE OF SUCH UNES. SUCH EASEMENTS AND RIGHTS SHALL BE UTIUZED IN A REASONABLE AND PRUDENT MANNER. LINE TABLE 10' R.O. W. EASEMENT LS 37972 OWNER: JOSEPH L. & SHERRY UNE BEARING LENGTH PLAT BOOK 19 PAGE 80 1 1 FELSON TRUST THAT ALL EXPENSE FOR STREET PAVING OR IMPROVEMENTS SHALL BE FURNISHED BY THE SELLER OR PURCHASER, NOT BY THE COUNTY OF PITKIN. Ll N 6310'21Â» E 20.76' *ASHER NAIÂ¥<ED 1 114 WITNESS WHEREOF SAID OWNER(S) HAS CAUSED HIS NAME TO BE HEREUNTO SUBSCRIBED THIS DAY OF . A.D. 2013. ILS 37912 i Iii FOUND NAIL 6 L2 N 566'47Â» E 18.50' 1 'rlwn \ 1. L3 N 3353'13" W 3.67' , 1 1 1/1 BY: L4 N 56'6'47Â» E 26.56' // i / 11 35' U72/77 2?,1 OWNERS 7 \ irl //// 4/ PRIVATE ACCESS L5 N 757'44" W 11.67' ' LOT 1 /1 1/ AL | | PLAT BOOK 19 PAGE ib j STATE OF COLORADO) L6 N 33'53'13Â» W 15.37' d i S, / L7 N 56*6'47" E 21.31' , UTE PLACE 1/ 1/ 0 0 11 ) SS. L8 N 50*44'38" W 77.24' \ SUBDIVISION Iii #4 1 1 L9 N 33'53'13" W 13.65' COUNTY OF ) 9 1 L10 S 568'47" W 12.00' 1 0.690 ACRES * il i li h 11 The foregoing document was acknowledged before me this . L11 S 42'49'13" W 13.16' , 0 | 1 \ day of- , 2013, by L12 S 5320'53* W 8.80' 9Â« \ 6,4. WliNESS my hand and official seal. &12 i | U ' RUB,<6 L13 S 3725'59= W 34.41' L14 S 33*53'11" E 25.64' \ 0& L15 N 56'6'51" E 5.54' l ~ ~ 1 WASHER ~MAgKED i LS 379~ ~ L16 S 33*53'8" E 40.08' l 1 1 Ll 7 S 56'6'52" W 10.47' L18 S 33'53'13" E 26.61' LOT 3 L79 N 566'47" E 18.55' UTE PLACE L20 S 3333'13" E 6.64' SUBDIVISION UZZÂ£_~Rlal,ZE L21 N 56'6'47" E 6.83' 9 4. / / / TRUST OWNER: SUSAN F. WELSCH L22 S 3333'13" E 3.67' 4 , AN ATTORNEY UCENSED TO PRACTICE LAW IN THE STATE OF COLORADO, OR AGENT AUTHORIZED BY A TITLE INSURANCE COMPANY. DO 4/1 4241 1 // HEREBY CERTIFY THATI HAVE EXAMINED THE 71TLE TO AU LANDS SHOWN UPON THIS PLAT AND THAT TITLE TO SUCH LANDS 5 VESTEED IN CURVE TABLE WALL ENCROACHMENT / /9 // / / 4,0 / V , FREE AND CLEAR OF ALL UENS AND ENCUMBRANCES ONCLUDING MORTGAGES, DEEDS OF TRUST. CURVE LENGTH RADIUS TANGENT \ CHORD BEARING DELTA ~ -~ JUDGMENTS, EASEMENTS, CONTRACTS AND AGREEMENTS oF RECORD AFFECTING THE REAL PROPERTY IN THIS PLAT). EXCEPT AS FOLLOWS: EASEMENT Cl 87.85' 98.00' 47.13' \ 84.94' N 3729'27" E 51'21'47Â» BOOK 626 PAGE 103 \ , 0/ C2 27.12' 70.00' 1173' | 26.95' S 22'54'24" W 2211'40" : //3 \ . FOUND NO.5 REBAR & - 1/ CAP MARKED -1 \ N DATED THIS _- DAY OF . A.Dâ€ž 2013. LS 32972 4 / // 1 bo , 1 -TITLE COMPANY: 93 U\ 1 1 49-7?67-41:14*3':-5.~ 19~*~W:4~~~T7---~s~- , F-7. / :tri A '' f %4Â¢Â¥ tr ./ \ \ FOUND NAIL &/ / LOT 2 Â£ HASHER *6104rD / UTE PLACE AGBVT $710 3 4.3 - . FOUND NAIL & ** / OWNER: U TE PLACE 8 LLC OR %. (.21 1,4Â¥ -i:i 1 + t - ...4 4 WASHER MARKED / / \ LS 37972 / . \ / = ATTORNEY y+4* b 672.744 979. p lh, ti ~~ 7 I SURIE>â‚¬RS-CEJ97~7CAI COLORADO ATTORNEY REGISTRATION NO. â€¢*25*4:r.2,41:4~69&~ 1 1 8 ./.>),) 1 \ \ 4 *41 2*-"2 12*#ju'.0,4744~.4rkÂ·Â·ks j4â€¢A R V. 4\ 4 1Â£777?Er ALLEN 7Umg DO HEREBY CER77/7 77/AT / AM /1 \ PROFESSIONAL LAND SURIâ‚¬-YOR UCENSED UNDER 77â‚¬ LA HS OF 7HE ST,4 7E- ~ OF COLORADO, THAT THIS PLAT IS A TRUE, CORRECT AND COMPLETE PLAT CLERK AND RECORDER'S CERTIFICATF: ~4%4~ Â¢)*flot:*4521*8414)4 ~;464.1*~(i~ ~4~' %* ~ OF 7HE AMENDED ANAL PLAT OF LOT 1, Um- PLACE SUBDIWGION 1 17#S PLAT WAS AZED FOR RECORD IN 772- amCE OF 77Â£ CURK AND REMDER OF P/77(IN COUNT); COLORADO AT O'CLOCK _M., THIS DAY OF E HOPX}NS , (FORMERLY KNOWN AS TEN TEN UTE SUBDIVISION), AS LAID OUT, PLATTED, # 2013 IN BOOK AT PAGF RECEPTION NO. *NOTE: THE PURPOSE OF THIS x DEDICATED AND SHOWN HEREON. THAT SUCH PLAT WAS MADE FROM AN â€¢ ' l < #â€¢~pâ€žecÂ© 7&-t AMENDED FINAL PLAT IS TO REDEFINE ~ %911\(%(404... f '14stf ACCURATE SURVEY OF SAID PROPERTY BY ME, OR UNDER MY SUPERVISION, THE BUILDING ENVELOPE ON LOT 1, UTE AND CORRECTLY SHOWS THE LOCATION AND DIMENSIONS OF THE LOTS, PLACE SLED/WS/ON (FORMERLY KNOHN EASEMENE AND SmE-73 AS 7HE SAME ARE STAKED UPON 77â‚¬ GROUND AS TEN TEN UTE SUBDIVISION), IN COMPUANCE WITH APPLICABLE REGULATIONS GOVERNING THE CLERK & RECORDER SUBDIVISION OF LAND. , *f "' WnNESS WMERE*9*HAVE SET MY HAND AND SEAL THIS _i DAY BY: DEPUTY 1 29-6....4 ALLâ‚¬~,-Â·Â·.* i.~~ GRAPHIC SCALE cr '14,â‚¬.,t54?~DÂ° Mt G,Ob, 2013. '41 34, '64 ..,U Ofhz.PYA/"10 20 0 10 20 40 80 #f 9 00, .A 1. 13 Vl ~-0 i& 33638 Z~ i -2 0.1- rv~/\ f l.j ./ C i .1 I Â·..W .IXAP#... VIC8777 *AP Q 494Â« 1 inch = 20 fL SCALE: 1Â» = 2000' JEFFREY ~L_-q:gr<0' 21.3. #33638 1 Notice TUTTLE SURVEYING SERVICES Lj According to Colorado gaw, you must commence any legal action based upon any defect in 727 Blake Avenue .ee this survey u,ithin three years after you AMENDED FINAL PLAT 17 UTE PLACE Drawn by: J W 1// Â·fy;Y ttzv:ic:rl221'4~134:% 9%%1'tr' Glenwood Springs, Colorado 81601 this survey be commenced more than ten years (970) 928-9708 (FAX 947-9007) LOT 1, UTE PLACE SUBDIVISION ASPEN, CO 81611 Date: 04/01/13 pom the date of the certification shown 1 99 l hereom Email- ie,yotss--us.com TUTTLE SURVEYING SERVICES , . 0 . . . 0 . . 4 ' . . . 0 . . . . FOUND NO.5 REBAR & AMENDED FINAL PLAT CAP MARKED GANT CONDO LS 32972 ASSOC. 1.5' W.C. RECEIVED --- -- - LOT 1, UTE PLACE SUBDIVISION -- -- APR 2 2013 - - CITY OF ASPEN \ / *-I -- --- COMMUNITY DEVELOPMENT GANT CONDO ' ' (FORMERLY KNOWN AS TEN TEN UTE SUBDIVISION) I , / l ASSOC. \ , CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO - - 1 VA / ---- -- / - lill j --- r -ill- ill--I-- /--- -*'I -I.- 12' PUBLIC TRAIL EASE. / -- PLAT BOOK 19 PAGE 80 / 0 ----- - - - -~ LEGEND AND NOTES: ---- / /6 ----- --- - % INDICATES FOUND MONUMENT AS DESCR/BED CITY OF ASPEN / U ---- GPS CONTROL / MONUMENT / / m \ - 0 INDICATES SET No.5 REBAR & CAP MARKED LS 33638 GPS-2 ~ / - DATE OF SURVEY: JUNE 20.2012 CITY OF ASPEN / GPS CONTROL / ' LOT 5 UTE PLACE MONUMENT 44 /// FOUND NAIL & 17-R SUBDIVISION - THE PURPOSE OF THIS AMENDED FINAL PLAT IS TO REDEFINE THE BUILDING ENVELOPE ON LOT 1, UTE PLACE SUBDIVISION (FORMERLY KNOWN t 1 GPS-1 4 // / .4 Â»# Ls 37972 WASHER MARKED UTE PLACE r OWNER: RODAN FAMILY LIVING AS TEN TEN UTE SUBDIVISION), // \ SUBDIWSION \ TRUST <l/ \ Assoc. OWNER: TEN TEN UTE H.O. - UNIT OF MEASUREMENT: US SURVEY FOOT 1 NO.5 REBAR & CAP MARKED LS 32972 20(/7HHES72-RLY CORNER OF SAID LOT 3 USING A BEARING oF N3339'457 BETHEEN 17Â£ TWO DESCRIBED Â« - BEARINGS ARE BASED UPON A FOUND NAIL & WASHER MARKED LS 37972 AT THE NORTHWESTERLY CORNER OF SAID LOT 1 AND A FOUND % // \ x 20' SHARED DRIVEWAY '/. EASEMENT h Th\% MONUMENTSAS SHOWN HEREON. ~ PLAT BOOK 19 PAGE 80 RIM / liN - CITY OF ASPEN & PITKIN COUNTY ZONING: PUD R-15 / \ 1 hgo / / h / kx \ -12 1 1 / = i - FLOOD ZONE DESIGNATION: ZONE X Â»AREAS DETERMINED TO BE OUTSIDE OF 500 YEAR FLOODPLAIN" PER FEMA FLOOD INSURANCE RATE MAP â‚¬3 1 (01 // i4\ 1 PANEL 204 OF 325, MAP 0 08097C0204C / 2.0 1 \ i - 77#S SURVEY DOES NOT REPRESENT A TITLE SEARCH BY THIS SURVEYOR TO DETERMINE OWNERSHIP OR TO DISCOVER EASEMENTS OR OTHER ~ ' * x ENCUMBRANCES OF RECORD. ALL INFORMATION PERTAINING TO OWNERSHIP. EASEMENTS OR OTHER ENCUMBRANCE OF RECORD HAS BEEN TAKEN g / \\ FROM TITLE INSURANCE COMMITMENTS ISSUED BY LAND TITLE GUARANTEE COMPANY. DATED EFFECTIVE APRIL 16, 2012 AS ORDER NO. \ \ Q62004536-3. F=72 )< ,\%. f ~ ~%7-.C flff-3 / 20' UTILITY EASEMENT WASHER MARKED BOOK 561 PAGE 179 \ 1 \ 1 / CERTIFICATE OF DEDICAnON AND OWNERSHIP 1 \ e \ I \ . / WALL ENCROACHMENT \.AL./ N / / / / \ \ \ . 1 1, KNOW ALL MEN BY THESE PRESENTS: EASEMENT 1 - BOOK 626 PAGE 103 7 14, THAT THE UNDERSIGNED . BEING SOLE OWNERS IN FEE SIMPLE OF AU THAT REAL PROPERTY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 0 1 / / 4 / / / -- - / \ 1 49 2 147 / - / --- LOT 1, UTE PLACE SUBDIVISON (FORMERLY KNOWN AS TEN TEN UTE SUBDIVISION), ACCORDING TO THE PLAT THEREOF- RECORDED JUNE 19, 1987 IN PLAT BOOK 19 AT PAGE 80 AND / / // FIRST AMENDMENT RECORDED APRIL 14, 1988 IN BOOK 561 AT PAGE 179 AND SECOND AMENDMENT RECORDED APRIL 12, 1991 IN BOOK 643 AT PAGE 896. i +1 rk - % 11 4 NI 1 0, Lj Â¢*A 0 4r 1 y.1 10 XI // CONTAINING 0.690 ACRES. MORE OR LESS, HAVE CAUSED THE DESCRIBED REAL PROPERTY TO BE SURVEYED, LAID OUT AND PLATTED AS SHOWN ON THIS "AMENDED FINAL PLAT OF LOT > 1 2/11.4.6 il 1/ , 1, UTE PLACE SUBDIVISION (FORMERLY KNOWN AS TEN TEN UTE SUBDIVISION): A SUBDIVISION IN THE COUNTY OF PITKIN. 1 <.ly' 9 1/ i // THE OWNERS DO HEREBY DEDICATE AND SET APART ALL OF THE PUBUC UMUDES, THOSE PORTIONS OF SAID REAL PROPERTY WHICH ARE ARE LABELED AS UllUTY EASEMENTS ON THE 4,4' 1 1 / LOT 4 ACCOMPANYING PLAT AS PERPETUAL EASEMENTS FOR THE INSTALLATION AND MAINTENANCE OF UllUTIES. IRRIGA11ON AND DRAINAGE FACIUnES, INCLUDING, BUT NOT UMITED TO. 9, A f 0/j{ 4 /7-/- FOUND NAIL & UTE PLACE ELECTRIC LINES GAS UNES, TELEPHONE UNES: TOGETHER WITH THE RIGHT TO TRIM INTERFERING TREES AND BRUSH; WITH PERPETUAL RIGHT OF INGRESS AND EGRESS FOR INSTALLTION \ .\0 Ls 37972 , WASHER MARKED SUBDIVISION AND MAINTENANCE OF SUCH UNES. SUCH EASEMENTS AND RIGHTS SHALL BE UTIUZED IN A REASONABLE AND PRUDENT MANNER. 9/ 9 OWNER: JOSEPH L. & SHERRY UNE TABLE 10' R.O.W. EASEMENT FELSON TRUST THAT ALL EXPENSE FOR STREET PAVING OR IMPROVEMENTS SHALL BE FURNISHED BY THE SELLER OR PURCHASER, NOT BY THE COUNTY OF PITKIN. UNE BEARING LENGTH PLAT BOOK 19 PAGE 80 / FOUND NAIL 6 Ll N 6310'21Â» E 20.76' 14& 1 Vill // WASHER BAAMED -r IN WITNESS WHEREOF SAID OWNER(S) HAS CAUSED HIS NAME TO BE HEREUNTO SUBSCRIBED THIS DAY OF . A.D. 2013. \17 1 11 7 / /LS 379~~ 1 \ L2 N 566'47" E 18.50' 1 1 1/ i / Br L3 N 3353'13Â» W 3.67' Ill L4 N 567'47Â» E 26.56' \ . 1 11 1 j 35' URLITY JÂ« OWNERS A 1 1 ~ll 1 ~ 1 PRIVATE ACCESS - L5 N 7'57'44Â» W 11.67' L6 N 3353'13" W 15.37' LOT 1 i i 1 j AL ~ 1 PLAT BOOK 19 PAGE 86 i STATE OF COLORADO) L7 N 56'6'47" E 21.31' \ UTE PLACE illi *0 11 ) SS. L8 N 50'44'38- W 77.24' \ 1 ~ / 44/ COUNTr OF j SUBDIVISION 1 L9 N 3353'13" W 13.65' 11 1 L10 S 568'47" W 12.00' % 0.690 ACRES * 1 1 1/ 3 ; The foregoing document was acknowledged before me this _ L11 S 4249'13" W 13.16' -p t \\ 2 \ day of , 2013, by . L12 S 53'20'53* W 8.80' .4 %1 ~ FOUND NAIL |h L13 S 37'25'59" W 34.41' \ 01 WITNESS my hand and official seal. L14 S 33'53'11" E 25.64' \ 04.01 WASHER IMAFIKED L15 N 56'631" E 5.54' ' LS 379p 1 L16 S 3353'8" E 40.08' \ H L17 S 56'632" W 10.47' \ l~ 4 1 i ~ LOTS L18 S 3353'13" E 26.61' \ / SUBDIVISION L19 N 566'47" E 18.55' UTE PLACE L20 S 33'53'13" E 6.64' L21 N 566'47" E 6.83' 1 TRUST 1\\\ 6// /9 1 42/ 1 OWNER: SUSAN F. WELSCH .ZZEÂ£.GENTlna4 E L22 S 33'53'13" E 3.67' â€¢ AN ATTORNEY UCENSED TO PRACTICE LAW IN THE STATE OF COLORADO. OR AGENT AUTHORIZED BY A TITLE INSURANCE COMPANY. DO HEREBY CERTIFY THAT I HAVE EXAMINED THE TITLE TO ALL LANDS SHOWN UPON THIS PLAT AND THAT TITLE TO SUCH LANDS E VESTEED IN CURVE TABLE , FREE AND CLEAR OF ALL UENS AND ENCUMBRANCES ONCLUDING MORTGAGES, DEEDS OF TRUST. WALL ENCROACHMENT CURVE LENGTH RADIUS TANGENT CHORD BEARING DELTA JUDGMENTS EASEMENTS, CONTRACTS AND AGREEMENTS OF RECORD AFFECTING THE REAL PROPERTY IN THIS PLAT). EXCEPT AS FOLLOWS: EASEMENT \ /9//// ~ tol 4, // /7 \ - Cl 87.85' 9800' 47.13' 84.94' N 37'29'27" E 5121'47" BOOK 626 PAGE 103 \ C2 27.12' 70.00' 13.73' 26.95' S 2234'24= W 2211'40" //- 1 /1 FOUND NO.5 REBAR & -1 \// CAP MARKED -1 \\ , 3 ~ / DATED THIS DAY OF . A.D., 2013. LS 32972 4 -/ I 'n, O - // 1 / 1 < 777ZE COMPANKÂ· / e i .hut/ 1 -.7-4. % 4,)* 1 F i - j FOUND NAL &/ / LOT 2 1:4.*BA UTE PLACE - FOUND NWL & // , OWNER: UTE PLACE 8 LLC 0 / SUBDIVISION AGENT I I -E.,41* i.64:-Off i '/Liv. WASHER MARKED / / \ OR 7Â·09,1.t t.~4,i Je~ 1 1} ./ .4 1 0 :h>) 11 - LS 37972 / / . C 14& % 4a v 34 4 td ~ t, C / // ATrORNEY 1-*18*72:0,-I,"49* ~"~GA~.,: Â·*, ' Ll-1 COLGRADD ATTCÂ¥?NEY REGyS7RA 776Â¥V NO.- / 30?1/E>â‚¬RlaRN,7CA=ZE 0 \ \ g ~ -mâ€¢ 44:fe'aiIÂ©#l:;#'9, Â· :eqb 4 ~t L ~ ~ 6< \ 4 1.,77?Er ALLEN 7Um.6 DO HEREBY CER77FY 7MAT/AM A c OF COLORADO, THAT THIS PLAT IS A TRUE, CORRECT AND COMPLETE PLAT CLERK AND RECORDER'S aD? 77,7C. 771 Â©23%61: Â»tflat#)~m#*Ablksjt''-_ '' PRoFr35/0MAL L/IND SURIâ‚¬KOR UCENSED UNDER 17â‚¬ LA kE OF 179Â£ STA E-- Lf " c' + /41;~4 OF THE AMENDED ANAL PLAT OF LOT 1. UTE PLACE SUBDIVISION # THIS PLAT WAS FILED FOR RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY. COLORADO. AT 0 Â· Â· E HyÂ¥AN A (FORMERLY KNOWN AS TEN TEN UTE SUBDIVISIONA AS LAID OUT. PLATTED. O.CLOCK --M., THIS DAY OF , 2013, IN BOOK AT PAGE_-- RECEPTION NO. 2 1*73:3? i , :714 .t '. ' Â£ 42 44% .tpy.Afâ€¢Â¢*.40,â„¢Â·- 1NOTE: THE PURPOSE OF THIS DEDICATED AND SHOWN HEREON. THAT SUCH PLAT WAS MADE FROM AN 1-7 w ..1 v ' AMENDED FINAL PLAT IS TO REDEFINE ACCURATE SURVEY OF SAID PROPERTY BY ME, OR UNDER MY SUPERVISION, ic :%1 113 1 0 Â· 4944Â·, 1 'Â·. 2hf s ,&14*7. THE BUILDING ENVELOPE ON LOT 1, UTE ~ AND CORRECTLY SHOWS THE LOCATION AND DIMENSIONS OF THE LOTS. PLACE SUBDIWSION (FORMERLY KNOWN ~ EASEMEN73 AND Sl,ME78 AS 77Â£ SAME ARE STAKED UPON RE GROUND El 44, /2..-416'.1,111 AS TEN TEN UTE SUBDIVISION), IN COMPUANCE WITH APPUCABLE REGULATIONS GOVERNING THE CLERK & RECORDER , 4-- SUBDIWSION OF LAND. , 1~ r j ',<'' 613 - :. 30 44 -~ 4 4 Â·, ~699 a t'' VC~*244262 AF:ti~) ;, IN WITNESS WHEREOF. 1 HAVE SET MY HAND AND SEAL THIS 1- DAY BY: 1 '1/MÂ·.frÂ·."Â· 1 1. 0,! /39#'fjg.1 11/_ilou 4 - ---,7'.b..Zbâ‚¬~ GRAPHIC SCALE oF A/6 'L , A.D., 2013. DEPUTY 1-*,4. ~ %41*49!.Ir I A.0 80 5/â„¢J + 1 . (P,wrf..8 ./.'.1./ aeÂ·A *44 1.._0<41, I ( IN FEET ) -1 VICINITY MAP OWÂ©4~9*+ 1 inch = 20 ft SCALE 1" = 2000' JEFFREY-k# Â£~13Â£ P.Log.3~633 / Notice: TUTTLE SURVEYING SERVICES 904 L L AtE) 19 According to Cotorado law. you must commence any tegat acien based upon any defect in 727 Blake Avenue i- ~MENDED FINAL PLAT 17 UTE PLACE Drawn by: J W this survey within three years after you 1:Y 1,190v~(r0:Metliti.epo'2%% ZWW:7 Glenwood Springs, Colorado 81601 . W. LOT 1, UTE PLACE SUBDIVISION ASPEN, CO 81611 Dole: 04/01/13 this suruey be commenced more than ten years (970) 928-9708 (FAX 947-9007) from the date of the certincation shown TUTTLE SURVEYING SERVICES hereon Email- iâ‚¬#Otss-us. com - Â·EVE.gd--Â§--