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HomeMy WebLinkAboutLanduse Case.CO.1150 Cemetery Ln.0066.2013.ASLUC F-C • F" Lj THE CITY C-)F ASPEN City of Aspen Community Development Department CASE NUMBER I 0066.2013.ASLU PARCEL ID NUMBERS 2735-01-3-14-002 PROJECTS ADDRESS 1150/1152 CEMETERY LN PLANNER SARA NADOLNY CASE DESCRIPTION CONDOMINIUMIZATION, REPRESENTATIVE VINCE COGHLAN DATE OF FINAL ACTION 12.20.13 CLOSED BY ANGELA SCOREY ON: 4.30.14 0 10 Permit File Edit Record Navigate Form Report: Fermat Tab Help t vee Ju x Ij MIR Main Custom Fields Routing Status Fee Summary Actions Rou6rigHistay N4 type M Aspen Land Use Pemj # 00662013J&U Address 1150111522CELEMI-N ApVSLAe Slate CO 7jp 81611 [ 0 City ktto x Permit Information JD. .......... . . .... . . Hasler permit Routing queue aS1 C7 Applied 10MI13 o Project St" pending Approved Description 11E0911:2 CEM:—IERf WE LOT 3. BLOCKZKM M,.SASUBWWN. Issued CONNIMIUVAMNAM DUPLEX WPLACES DOUBLE SKAF CONDO DUPLEX Closed/Final .. ........ . .. Submitted WCE 'COGHLAN 97D.N42113 Ck)ck Running Days C Expires 1C!242C14 Submitted Y6 Owner Last name C--J4-L7.RY LLC Fie namePO BOX 76019 ASPEN CO 81612 Phone (9701) 17MW Address Applicant Owner IS applicant? Contractor is applicant? Last name 'HMETERYLLC First name GHLAN PO BOX 7699 ASPEN CO 81612 Phone (970) 379a86 Cust 4 2^9209 Addiess Lender I ;c[ nwo Ant nam A&= AspenGold5(server) djamam 4`iew 4 of 8 0 0 Page 1 of 1 ��l►t ��r1'1 Janice K. Vos Caudill Clerk and Recorder 530 East Main Street Aspen, CO 81611 (970) 429-2707 www.PitkinClerk.org Pitkin County Transaction #: 57448 Receipt #: 201309089 Cashier Date: 12/20/2013 2:38:16 PM (TDRISCOLI IIIIII II II III III I I III IIII IIII Print Date: 12/20/2013 2:38:17 PM Customer Information Transaction Information Payment Summary DateReceived: 12/20/2013 Source Code: Over the Counter () COGHLAN Q Code: Mail Total Fees $11.00 1152 CEMETERY LANE Over the ASPEN, CO 81611 Return Code: Counter Total Payments $11.00 y Trans Type: Recording Agent Ref Num: 1 Payments � p -- CHECK 1767 $11.00 1 Recorded Items PE I BK/PG: 105/47 Reception: 606 723 Date:12/2012013 W I (PLA I-) PLAT 2:38:15 PM From: To. - Plat Recording @ $10 per page $1 Surcharge 1 $11.00 0 Search Items 0 Miscellaneous Items file:///C:/Program%20Files/RecordingModule/default.htm 12/20/2013 • October 28, 2013 RE: Condominiumization Proposal Dear Land Use Planner: We live at 1150/1152 Cemetery Lane and are managers of Cemetery LLC, owner of the newly constructed duplex at this address. It is our desire to condominiumize this property. Up until 2005, there existed an older duplex at this address that was demolished. The older duplex had a condominium agreement known as Double Shaft Condominiums. This agreement was terminated in 2011 prior to our new construction as it was obsolete. We now wish to establish a new agreement that is appropriate for the new building. As this proposal involves no change in historical land use, we comply with current review standards. In the application packet, I have included copies of a proposed condominium map for the new duplex for review. Please contact me if additional information is required. hank you, 7DAvis -Mainager, Cemetery LLC 150 �emetery Lane a70); 379-6886 Vincentghlan Co -Manger, Cemetery LLC 1152 Cemetery Lane (970) 274-2113 RECEIVED OCT 292013 CITY OF ASPEN COMMUNITY DEVELOPMENT CERTIFICATE OF OWNERSHIP Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the State of Colorado hereby certifies that CEMETERY LLC is the owner in fee simple of the following described property: LOT 3, BLOCK 2, PITKIN MESA SUBDIVISION ADDRESS ACCORDING TO THE PITKIN COUNTY ASSESSORS OFFICE: 1150 / 1152 CEMETERY LANE, ASPEN, CO 81611 ENCUMBRANCES: Deed of Trust from : CEMETERY LLC To the Public Trustee of the County of PITKIN For the use of : ALPINE BANK ASPEN Original Amount : $960,000.00 Dated : January 6, 2012 Recorded : January6, 2012 Reception No. .585739 Deed of Trust from : CEMETERY LLC to the Public Trustee of the County of Pitkin For the use of : ALPINE BANK Original Amount : $2,040,000.00 Dated : February 24, 2012 Recorded : February 24, 2012 Reception No. 587005 Disbursers Notice associated with Above Deed of Trust (587005) Recorded : February 24, 2012 Reception No. : 587006 Modification of Deed of Trust Recorded : February 5, 2013 Reception No. : 596762 Modifying Deed of Trust recorded as Reception No. 587005 Deed of Trust from : CEMETERY LLC to the Public Trustee of the County of Pitkin For the Use of ALPINE BANK Original Amount : $175,000.00 Dated : January 25, 2013 Recorded : February 5, 2013 Reception No. : 596765 RECEIVED OCT 292013 CITY OF ASPEN COMMUNITY DEVELOPMENT Agreement to Pay Application Fees tAn agreement Detween the la[v Or Aspen ( GIty ) ana Property V'WGr--,J; Phone No.: `%7v - 27y-2 11 3 Owner ("I"): ;`A &/A(J c_ •2 E n �Tr✓Z LLL Email: L' p �,,ccti v' '� w►��,'�, C�ew� Address of I S c /11 S C E H r Tr= ?Z f LA1, Billing Sp z Property: Address: (subject of (send bills here) 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. $,0 flat fee for Select Dept $ 0 flat fee for Select Dept $ 0 flat fee for Select Dept 0 Select Review $ flat fee for For deposit cases only: The City and 1 understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for 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. cr , $ 5G% deposit for 2 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325 per hour. 0 0�m.E $ � � S deposit for / hours of Engineering Department staff time. Additional time above e amount will be billed at $265 per hour. City of Aspen: Chris Bendon Community Development Director AT z s 2013 Property /nerr: CITY OF ASPEN "0MMI kJ ry TWLOPMENT Name City Use: 0 Title: /14A7i//-&c�` C1f=i"IEic2`� 1 LL Fees Due: $ Received: $ • • ATTACHMENT 2 -LAND USE APPLICATION PROJECT: Name: 00V'&0 Mi vi t U v`t 5 Location: t 5l� 11 S2 C'� METTi�'z zjty� Lc*� Q l�(L 2"��C�riv N�'s a Sv 3 ��i ✓S, Indicate street address, lot & block number, legal description where a ro riate Parcel ID # (REQUIRED) 7 3 SO 13 o 5 o l / APPLICANT: Name: Address: r/IF-T-,E y L%-NF Phone #: 9 70 - 27q-2113 REPRESENTATIVE: Name: Address: Phone #: TYPE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use ❑ GMQS Allotment ❑ Final PUD (& PUD Amendment) ❑ Text/Map Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA ❑ ESA - 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane ❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/ Expansion ❑ Residential Design Variance ❑ Lot Line Adjustment ❑ Other: ❑ Conditional Use EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) PROPOSAL: (description of proposed buildings, uses, modifications, etc.) D 1)1 i 6�si C e d o 1 h 4y -m i` -d- A-" o v\ Have you attached the following? FEES DUE: $ ❑ Pre -Application Conference Summary RECEIVED ❑ Attachment #1, Signed Fee Agreement ❑ Response to Attachment #3, Dimensional Requirements Form OCT 2 9 2013 ❑ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards ❑ 3-D Model for large project CITY OF ASPEN All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written INRY DEVELOPMENi (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. N�m +�- 0060 .9-0(3. 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'a N C T O Ol 'D w N N >` "N' C Q C '° C C O O c m C 4' @ `/ O O C C O C SR2 N N U .� K .° N o" a cap P3a�m--y U._(9 �' mcU U�a� = om �i°oEo o�c acc c :7 E a) E m t n a V 8 q' al O m 3 L o)< o LmE —.&M E yE d v p ac�_F— ' EZ «O. off' NINON y°n w�E dam— Eo�sm SQQv �m oN E ° °mr3nN LSE �a� u g�Em�o UmmL ,�ffi._ N c�E QUpE c �n mN0) F —8 Wkm S Lm c w a� is p 3 W N E m £ .N 8 E W$ n 3 L U U je m u! me V L N .c c •o m c° U S m IL�� ►- F- F Q F" !n m H" O m O w E a' z z a' -g z a' w T 19 a z z. `o c • 0 Jennifer Phelan From: Jennifer Phelan Sent: Thursday, November 14, 2013 12:39 PM To: 'vince coghlan' Subject: RE: 0066.2013.ASLU Thanks, Vincent, Sara Nadolny (sara.nadolnv@cityofaspen.com) will be the planner reviewing the condo plat. Jennifer Phelan, A►CP 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. From: vince coghlan [mailto:cog hlanv@gmail.com] Sent: Wednesday, November 13, 2013 8:10 AM To: Jennifer Phelan Subject: 0066.2013.ASLU Hi Jennifer. I received your letter (attached below) indicating missing items from our land use application. I'm sorry I did not include the complete title certificate with signatures - the complete package is attached below. Also attached is the condo map in pdf format. Please let me know via email if you need anything else. Thanks. Vince. Vincent Coghlan 1152 Cemetery Lane Aspen, Colorado 81611 970-429-4042 (office) 970-274-2113 (cell) 970-429-4636 (fax) • PITKIN COUNTY TITLE, INC. 601 E. HOPKINS AVE., 3RD FLOOR ASPEN, COLORADO 81611 970-925-1766/970-925-6527 FAX INVOICE TO: ORDER NO.: PCT23680W21 RICHARD WAX & ASSOCIATES PO BOX 7699 ASPEN, CO 81612 ATTN: ATTN: JEFF DAVIS (VIA EMAIL jeffdavis@rwaspen.com) Date: October 24, 2013 Underwriter: Legal Description: LOT 3, BLK 2, PITKIN MESA CHARGES Owners Policy $ $ Mortgagee Policy $ $ Endorsements: $ Mortgagee Guarantee $ Foreclosure Certificate $ Tax Certificates 10.00leach $ Closing Fees $ Recording Fees $ O & E Searches $ Other -CTF OWNERSHIP $ 125.00 Other $ Other $ Sub Total $ 125.00 Previous Balance $ Credits $ Total Due $ 125.00 • 0 CERTIFICATE OF OWNERSHIP Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the State of Colorado hereby certifies that CEMETERY LLC is the owner in fee simple of the following described property: LOT 3, BLOCK 2, PITKIN MESA SUBDIVISION ADDRESS ACCORDING TO THE PITKIN COUNTY ASSESSORS OFFICE: 1150 / 1152 CEMETERY LANE, ASPEN, CO 81611 ENCUMBRANCES: Deed of Trust from : CEMETERY LLC To the Public Trustee of the County of PITKIN For the use of : ALPINE BANK ASPEN Original Amount : $960,000.00 Dated : January 6, 2012 Recorded : January 6, 2012 Reception No. : 585739 Deed of Trust from : CEMETERY LLC to the Public Trustee of the County of Pitkin For the use of : ALPINE BANK Original Amount $2,040,000.00 Dated : February 24, 2012 Recorded : February 24, 2012 Reception No. :587005 Disbursers Notice associated with Above Deed of Trust (587005) Recorded : February 24, 2012 Reception No. : 587006 Modification of Deed of Trust Recorded : February 5, 2013 Reception No. : 596762 Modifying Deed of Trust recorded as Reception No. 587005 Deed of Trust from : CEMETERY LLC to the Public Trustee of the County of Pitkin For the Use of ALPINE BANK Original Amount : $175,000.00 Dated : January 25, 2013 Recorded : February 5, 2013 Reception No. : 596765 0 This certificate is not to be construed to be a guarantee of title and is furnished for informational purposes only. PITKIN COUNTY TITLE, INC. BY: authorized signature CERTIFIED TO: October 21, 2013 at 8:00 A.M. Job No. PCT23317W RECEPTION#: 585738, 01/06/2012 at 03:34:27 PM, 1 OF 2, R916.00 DF $120.00 Janice K. Vos Caudill, Pitkin County, CO Documentary Fee $ 120.00 SPECIAL WARRANTY DEED THIS DEED, Made January 6, 2012 between ROARING FORK REAL ESTATE SOLUTIONS III, LLC, a Colorado limited liability company of the County of PITKIN and State of COLORADO, of the first part, GRANTOR and CEMETERY LLC whose legal address is: --Rp .�,�x —)�,Cf�A7 S ►-, of the County of PITKIN State of COLORADO, of the second part, GRANTEE WITNESSETH, That the said parties of the first part, for and in consideration of the sum of Ten dollars and other good and valuable considerations, to the said parties of the first part, in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed and by these presents do grant, bargain, sell, convey and confirm unto the said parties of the second part, its successors and assigns forever, all the following described lots or parcel of land, situate, lying and being in the County of PITKIN and State of COLORADO, to wit. LOT 3, BLOCK 2, PITKIN MESA SUBDIVISION, according to the Plat thereof recorded December 17, 1965 in Plat Book 3 at Page 58 as Reception No. 122838. Together with all and singular the hereditaments and appurtenances there -unto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever, of the said parties of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances, TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said parties of the second part, its successors and assigns forever. And the said parties of the first part for themselves, their heirs and assigns do covenant, grant, bargain and agree to and with the said parties of the second part, their successors and assigns, to WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of said parties of the second part, its successors and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, by through or under the said parties of the first part. The singular shall include the plural, the plural the singular, and the use of gender shall be applicable to all genders. IN WITNESS WHEREOF, the said parties of the first part have hereunto set their hand(s) and seal(s). SIGNATURES ON PAGE 2 • RECEPTION#: 585738, 01/0 12 at 03:34:27 PM, 2 OF 2, Janice K. Vos Caudill, Pit in County, CO SIGNATURE PAGE TO SPECIAL WARRANTY DEED PAGE 2 ROARING FORK REAL ESTATE SOLUTIONS III, LLC, a Colorado limit company By: / Title: M'. STATE OF COLORADO ss COUNTY OF PITKIN } The foregoing instrument was acknowledged before me this `.� day of January, 2012 By: BILL WHITE, � lc�OL--r s2 1r OF ROARING FORK REAL ESTATE SOLUTIONS Ill, LLC, a Colorado limited liabilito company WITNESS my hand and official seal my commission expires PCT23317W2 • 11 COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1, Effective Date: January 16, 2013 at 8:00 AM Case No. PCT23680W2 2. Policy or Policies to be issued: (a) ALTA Owner's Policy-(6/17/06) Amount$ 0.00 Premium$ 0.00 Proposed Insured: Rate: (b) ALTA Loan Policy-(6/17/06) Amount$ 175,000.00 Premium$ 358.00 Proposed Insured: Rate: Re -Issue ALPINE BANK -ASPEN BRANCH, ITS SUCCESSORS AND/OR ASSIGNS (c) ALTA Loan Policy-(6/17/06) Proposed Insured: Amount$ Premium$ Rate: 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: CEMETERY LLC 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: LOT 3, BLOCK 2, PITKIN MESA SUBDIVISION, according to the Plat thereof recorded December 17, 1965 in Plat Book 3 at Page 58 as Reception No. 122838. PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, ASPEN, CO. 81611 970-925-1766 Phone/970-925-6527 Fax 877-217-3158 Toll Free AUTHORIZED AGENT Countersigned: Schedule A -PGA This Commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. 0 SCHEDULE B - SECTION 1 REQUIREMENTS The following are the requirements to be complied with: ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record to -wit: 1. Copy of the Registration duly stamped by the Secretary of State of the State of Colorado evidencing registration of Cemetery LLC and Statement of Authority and a copy of the Operating Agreement of Cemetery LLC evidencing the names and addresses of the Members and/or Managers authorized to act on behalf of said Limited Liability Company. 2. NOTE: A Statement of Authority for Cemetery LLC was recorded January 6, 2012 as Reception No. 585737. 3. Deed of Trust from: CEMETERY LLC to the Public Trustee of the County of PITKIN for the use of : THE LENDER TO BE INSURED HEREUNDER to secure $175,000.00 SCHEDULE B SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and right of way for ditches or canals constructed by the authority of the United States as reserved in United States Patent recorded in Book 55 at Page 5. 8. Easements, rights of way and all matters as disclosed on Plat of Pitkin Mesa Subdivision recorded December 17, 1965 in Plat Book 3 at Page 58. 9. Terms, conditions, provisions and obligations as set forth in Protective Covenants for Pitkin Mesa Subdivision recorded December 22, 1965 in Book 217 at Page 508. 10. Terms, conditions, provisions and obligations as set forth in Statement of Exemption form the Definition of Subdivision recorded December 24, 1975 in Book 307 at Page 26. 11. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Aspen Planning and Zoning Commission recorded March 14, 2007 as Reception No. 535390 as Resolution No. 30-06. 12. Terms, conditions, provisions and obligations as set forth in Termination of Condominium Regime recorded January 6, 2012 as Reception No. 585736 13. Terms, conditions, provisions and obligations as set forth in Affordable Housing Impact Fee Deferral Agreement recorded April 25, 2012 as Reception No. 588568. 14. Deed of Trust from : CEMETERY LLC To the Public Trustee of the County of PITKIN For the use of ALPINE BANK, A COLORADO BANKING CORPORATION Original Amount : $960,000.00 Dated JANUARY 6, 2012 Recorded : JANUARY 6, 2012 Reception No. : 585739 (Continued) 0 SCHEDULE B SECTION 2 EXCEPTIONS - (Continued) 15. Deed of Trust from: CEMETERY LLC To the Public Trustee of the County of PITKIN For the use of : ALPINE BANK, A COLORADO BANKING CORPORATION Original Amount : $2,040,000.00 Dated : FEBRUARY 24, 2012 Recorded : FEBRUARY 24, 2012 Reception No. 587005 0 ENDORSEMENT SCHEDULE FOR LENDERS POLICY FILE NO: PCT23680W2 BORROWER: CEMETERY LLC The following endorsements will be issued in connection with the Policy to be issued hereunder as referenced above: Form: Form: Form: Form: Form. Upon compliance with the requirements set forth below, the following exceptions will be deleted from the final title policy. The fee for deleting exceptions 1 thru 3 is $50.00. The fee for deleting exception 4 is $10.00 for Residential Property and $25.00 for Commercial Property. Exception Number 5 will be deleted upon recordation of the documents called for on the Requirement Page. Exception Number 6 will be amended to read: Taxes for the current year not yet due or payable, upon evidence satisfactory that the Taxes for prior years have been paid in full. NOTE: A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanic's and materialmens liens, executed by the borrower and any additional parties deemed necessary by the Company. The company hereby reserves the right to make additional requirements as may be deemed necessary in the event additional facts regarding development, construction or other building or work are disclosed to the company that may fall within any lien period as defined in the Statues of the State of Colorado, and may result in additional premiums and/or fees for such coverage and any additional requirements deemed necessary by the Company. The Company hereby reserves the right to deny any of the above coverage's at its sole discretion. ADDITIONAL INFORMATION AND DISCLOSURES The Owner's Policy to be issued, if any shall contain the following items in addition to the ones set forth above: (1) The Deed of Trust, if any, required under Schedule B-Section 1. (2) Water rights, claims or title to water. (NOTE: THIS EXCEPTION WILL APPEAR ON THE OWNER'S AND MORTGAGE POLICY TO BE ISSUED HEREUNDER) Pursuant to Insurance Regulation 89-2 NOTE: Each title entity shall notify in writing every prospective insured in an owner's title insurance policy for a single family residence (including a condominium or townhouse unit) (i) of that title entity's general requirements for the deletion of an exception or exclusion to coverage relating to unfiled mechanics or materialmens liens, except when said coverage or insurance is extended to the insured under the terms of the policy. A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanics' and/or Materialmen's Liens executed by the persons indicated in the attached copy of said affidavit must be furnished to the Company. Upon receipt of these items and any others requirements to be specified by the Company upon request, Pre-printed Item Number 4 may be deleted from the Owner's policy when issued. Please contact the Company for further information. Notwithstanding the foregoing, nothing contained in this Paragraph shall be deemed to impose any requirement upon any title insurer to provide mechanics or materialmens lien coverage. NOTE: If the Company conducts the owners or loan closing under circumstances where it is responsible for the recording or filing of legal documents from said transaction, the Company will be deemed to have provided "Gap Coverage". Pursuant to Senate Bill 91-14 (CRS 10-11-122) (a) The Subject Real Property may be located in a Special Taxing District; (b) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained form the County treasurer of the County Treasurer's Authorized Agent; (c) Information regarding Special Districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. NOTE: A tax Certificate or other appropriate research will be ordered from the County Treasurer/Assessor by the Company and the costs thereof charged to the proposed insured unless written instruction to the contrary are received by the company prior to the issuance of the Title Policy anticipated by this Commitment. Pursuant to House Bill 01-1088 (CRS 10-11-123) If Schedule B of your commitment for an Owner's Title Policy reflects an exception for mineral interests or leases, pursuant to CRS 10-11-123 (HB 01-1088), this is to advise: (a) There is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals or geothermal energy in the property and (b) That such mineral estate may include the right to enter and use the property without the surface owners' permission. NOTE: The policy(s) of insurance may contain a clause permitting arbitration of claims at the request of either the Insured or the Company. Upon request, the Company will provide a copy of this clause and the accompanying arbitration rules prior to the closing of the transaction. NOTICE REGARDING CONSTRUCTION FINANCING: If it is not disclosed to the company that the loan to be insured hereunder is in fact a construction loan, any coverage given under the final policy regarding mechanic or materialmen's liens shall be deemed void and of no effect. CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Justin Barker, 970.429.2797 PROJECT: 1150/1152 Cemetery Lane REPRESENTATIVE: Vince Coghlan, 970.274.2113 TYPE OF APPLICATION: Condominium ization DATE: 10/7/13 DESCRIPTION: The Applicant proposes to condominiumize the property, which currently contains a duplex. The property is Lot 3. Block 2 of the Pitkin Mesa Subdivision, created in 1965. The property was developed as the Double Shaft Condominiums in 1976. The Double Shaft Condominiums were demolished in 2005, and a Termination of Condominium Regime was recorded in 2011, terminating all associated Condominium documents and returning the property to its original legal description. Condominium ization is a form of subdivision and requires an administrative approval pursuant to the requirements of Aspen Land Use Code Section 26.480.090 (B), Condom iniumization. Owner consent from both units is required. Land Use Code Section(s) 26.304 Common Development Review Procedures 26.480.090 Condom iniumization Below is a link to the Land Use Code: http://www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zoning[Title-26-Land-Use-Code/ Below is a link to the Land Use Application Form: htto://www.asiDen[)itkin.com/Portals/Oidocs/Citv/Comdev/Aoos%20and%20Fees/2013%201and%20use%20app%20form.r) df Review by: - Planning and Engineering Staff for compliance - Community Development Director for approval Public Hearing: No hearing required Planning Fees: $650 Deposit for 2 hours of staff time. Additional staff time required is billed at $325/hour Referral Fees: $265/hour for Engineering Review Total Deposit: $915.00 (Additional fees will be required for filing. Those fees will be identified and due just prior to filing of the plat.) Total Number of Application Copies: Two (2) To apply, submit the following information: 1. Total Deposit for review of application. RECEIVED 2. Applicant's name, address and telephone number, contained within a letter sij@r d>Dy$l01pplicant stating the name, address, and telephone number of the representative authorized to act on behal of the applicant. CITY OF ASPEN 3. Street address and legal description of the parcel on which development)OMMppime nsisting of a current certificate from a title insurance company, or attorney licensed to practice in "the at to-o 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. 4. Completed Land Use Application, as applicable. 5. Signed fee agreement. 6. Pre -application Conference Summary. �.I • 7. Proposed condominium plat. Provide paper copies for staff review (and a digital PDF if available). Once staff has reviewed the proposal and made any necessary corrections, then mylars can be created for recordation. 10. 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. 11. All necessary items found in Land Use Codes Section 26.480.090, Condom iniumization. Engineering requirements are available online at: http://www.asi)enpitkin.com/Portals/0/docs/Condominium%20PIat°/a20%20Survev%2OChecklist rev20130115.pdf 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. OCT 292013 CITY OF ASPEN ''r""N►TY DEMON,,, 7Lj7 THE CITY OF ASPEN Land Use Application Determination of Completeness Date: November 5, 2013 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0066.2013.ASLU — 1150/1152 Cemetery Lane. Your Land Use Application is incomplete: Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. 1) Proof of Ownership. Adequate proof of ownership can be in the form of a current certificate from a title company title insurance company (or an ownership and Encumbrance report), or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. The material sent did not include a signature or date by the title company. 2) Please have the surveyor provide a PDF file of the draft plat to staff. It can be emailed to jennifer.phelan@cityofaspen.com ❑ Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. (7& You, erhel , Deputy Director City of Asp n, Community Development Department For Office Use Only: Mineral Rights Notice Required Yes No� GMQS Allotments Yes No x Qualifying Applications: New SPA New PUD Subdivision, SPA, or PUD (creating more than I additional lot) Residential Affordable Housing Commercial F.P.F. Lodeine