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Land Use Case.190 Falcon Rd.0027.2014.ASLU
0027, 2014. ASLU 883 MOORE OR LOT 11- FIVE TREES FINAL PUO n 0 U THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0027.2014.ASLU PARCEL ID NUMBERS 273514111111 PROJECTS ADDRESS 883 MORE DR LOT 11 FIVE TREES PLANNER HILLARY SEMINICK CASE DESCRIPTION INSUBSTANTIAL AMENDMENT REPRESENTATIVE ROWLAND AND BROUGHTON DATE OF FINAL ACTION 6.19.14 CLOSED BY ANGELA SCOREY ON: 6.25.14 '3s o d 2 -7 • Zo 14 - A-S L vl Permits � l �_- File Edit Record Navigate Form Reports Format Tab Help _ -J I Jump 1 o Main Custom Fields Routing Status Fee Summary 'Actions Routing History 'n o Permit type aslu Aspen Land Use Permit # 0027.2014.ASLU L Address 1883 MOORE DR LOT 11- FIVE TREES I Awsuite G City JASPEN State CO Zip 81611 G G Permit Information x f Master permit Routing queue aslu07 Applied 04/0112014 C Project Status pending Approved z 'G m Description APPLICATION FOR FINAL PUD - INSUBSTANTIAL AMENDMENT -AMEND BUILDING issued ENVELOPE Closed./Final Submitted JROWFLAND & BROUGHTON 544 9006 Clock Running Days F Expires 0T'27.:2015 Oviner Last name 1883 MOORE. LLC First name KEIJ STILLER 1325 SIERRA VISTA DR ASPEN CO 81611 Phone (917) 593-8767 Address Applicant ❑r Owner is applicant? ❑ Contractor is applicant? Last name j883 MOORE. LLC First name KEN STILLER 1325 SIERRA VISTA DR ASPEN CO 81611 Phone i(917) 593-8767 Cust * 29749 Address Lender Last name Phone ( c.tc-$= roc)� $ ! S6S•oo First name Address AspenGold5 (seNer angelas = 1 of 1 PAID � S- AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: I �OC�f� e �Cc sr�I l�� eb nn e-� U ►�1 �- Aspen, CO STATE OF COLORADO County of Pitkin L O -d- AA ss. (z i 0PI 1Q-n4- 1, Z V) QLK-2 III �\-1 CA M-0- P) + i h (name, please print) being or representing anApplicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: Publication of notice: ' By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A co he publication is attached hereto. Signs e The fore ' g " Affidavit of Notic " was ackn ledged before thi lay of , 20CV— by PUBLICONOTICE WITNESS MY HAND AND OFFICIAL SEAL DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of asite-specific development plan pursu- ant to the Land Use Code of the City of Aspen and M commission expires: Y P I Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described properly: Par- cel ID N2135-141-11-111, Legally described as Lot 11, Moore Family Planned Unit Development, City of Aspen, Pitkin County, Colorado. The approval grants an Insubstantial Amendment to the Moore Family PUD to amend the building envelope of Lot Notary Public y 11. The change is depicted in the land use applica- For further in, tion on file with the City of Aspen. Iormation contact Hillary Seminick at the Cityof Aspen Community Development Dept., 130 S. KAREN REED PATTERSON . Galena St., Aspan, Colorado. (970) 429-2741. NOTARY PUBLIC 1 Published m The Aspen Times on May 8, 2014. ATTACHMENTS: STATE OF COLORADO (101.70536) NOTARY ID #19964002767 COPY OF THE PUBLICATION t My Commission ExCire s February 15, 2016 DEVELOPMENT ORDER City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site -specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three (3) -year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless the change is accomplished or a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site -specific development plan as described below. _Property Owner's Name, Mailing Address and telephone number: Ken Stillar 1325 Sierra Vista Drive, Aspen, CO 81611 917-593-8767 Leval Description and Street Address of Subject Property: 883 Moore Drive Aspen, Colorado; Lot 11 of the Moore Family Planned Unit Development Written Description of the Site Specific Plan and/or Attachment Describinp- Plan: An Insubstantial Amendment to Moore Family Planned Unit Development to reconfigure the building envelope on Lot 11. Land Use Approval Received and Dates: Administrative approval granted April 23`d, 2014. Effective Date of Development Order: May 1, 2014. (Same as date of publication of notice of approval.) Expiration Date of Development Order: May 1, 2014 (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 23` ,.day of April 2014 by the City of Aspen Community Development Director. Chris Bendon Community Development Director City of Aspen Page 1 of 1 Janice K. Vos Caudill Clerk and Recorder 530 East Main Street Aspen, CO 81611 (970) 429-2707 www_PitkinC]erk.org Pitkin County Transaction #: 60577 Receipt #: 201402757 Cashier Date: 5/2/2014 2:58:24 PM (PNADON) *60577* Print Date: 5/2/2014 2:58:28 PM L'Ustomer Information Transaction Information Payment Summary DateReceived: 05/02/2014 Source Code: Over the Counter (ASPCIT) ASPEN CITY OF Q Code: Mail Total Fees $11.00 ATTN CITY CLERK Return Code: Over the Total Payments $11.00 Counter Trans Type: Recording Agent Ref Num: 1 Payments � $11.00 P C'AS1I 1 Recorded Items t' BK/PG: 106/92 Reception: 610016 Date: S/2/2014 R (PL..AT) PI,A I 2:58:24 PM From: To: �Plat Recording @ $10 per page $1 Surcharge I 11 $11.00 0 Search Items 0 Miscellaneous Items 00 file:///C:/Program%20Files/RecordingModule/default.htm 5/2/2014 NOTICE OF APPROVAL FOR AN INSUBSTANTIAL PLANNED DEVELOPMENT AMENDMENT TO THE MOORE FAMILY PUD, LOT 11; AKA 883 MOORE DRIVE Parcel ID: 2735-141-11-111 APPLICANT: Ken Stillar 1325 Sierra Vista Drive, Aspen, CO 81611 917-593-8767 REPRESENTATIVE: Rowland + Broughton, 234 E. Hopkins Ave., Aspen, CO 81611 970-544-9006 SUBJECT & SITE OF APPROVAL: Building Envelope adjustment in Subdivision, Lot 11 ZONING: R-30/PD Moore Family SUMMARY: The applicant requests an Insubstantial PD Amendment to adjust the shape of the existing building envelope of Lot 11 to grade areas with steep slopes. STAFF EVALUATION: The proposed change meets the review criteria for an Insubstantial PD Amendment (Exhibit B). The change is minimal and will not alter the area of the building envelope. DECISION: The Community Development Director finds the Administrative Application for an Insubstantial PUD Amendment as noted above and on Exhibit `A' to be consistent with the review criteria (Exhibit B) and thereby, APPROVES the request. APP D BY: Ica Chris en on, Community Development Director Date Attachments: Exhibit A — Approved amended plat (recorded) Exhibit B — Insubstantial PD Amendment Review Criteria (not recorded) Exhibit C — Application EXHIBIT B REVIEW CRITERIA & STAFF FINDINGS: 26.445.100. Amendments A. 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 proposal. The proposed changes include amending the shape existing building envelope to allow for grading of two steep areas on the lot. The area will not be affected. Staff finds this criterion met. 2. The request is consistent with the conditions and representations in the project's original approval, or otherwise represents an insubstantial change. Staff Finding: The proposal is a building envelope shape adjustment and will not result in a substantial change in the character of the subject property. Staff finds this criterion met. 3. The request does not require granting a variation from the project's allowed use(s) and does not request an increase in the allowed height or floor area. Staff Finding: The proposal does not require a variance be granted for this use. The building envelope adjustment will not affect the maximum building height of 28'. Stafffinds this criterion met. 4. Any proposed changes to the approved dimensional requirements are limited to a technical nature, respond to a design parameter that would not have been foreseen during the Project Review approval, are within dimensional tolerances stated in the Project Review, or otherwise represents an insubstantial change. Staff Finding: The project will adjust the shape of a building envelope and will not result in a change to the allowable dimensions, including allowable floor area, for the subject property. Staff finds this criterion met. 5. An applicant may not apply for Detailed Review if an amendment is pending. Staff Finding: No amendments are pending for the subject property. Staff finds this criterion met. 1 - s s S 3 d 26IyY� R v6 P°a9. rz E,.63 x NM yg 5 I 6' g m fi s °$BM ��s€as mx Y n I C3 0— U— i i R i m art L,LJ ^ I f - w C RR S So 8 E' U Q ;,lil: 9.�7 OR lot.ap m 5� I I I I I I I I I I I \ 1 1 8tt5;8` i � � bGc Se�p�b� � m b` h fiiSEE� �fikw'iC� faE � xc mwot6 Ai o � m ce A Sva 0 $$L Z kgH • PROPERTY DESCRIPTION: Lot 11, Block G, The Moore Family P.U.D., A Planned Community, according to the plat thereof recorded August 10, 1998 in Plat Book 45 at Page 81, County of Pitkin, State of Colorado. NOTES: 1. Basis of Bearings — Bearings shown hereon are relative to a bearing of S.31'49'38"W. between the northerly most corner and the southwest corner of Lot 11, both corners being monumented as shown hereon, and also being relative to a bearing of N.2718'57"E. between City of Aspen GPS 16 and City of Aspen GPS 15. 2. Street address — 883 Moore Drive, Aspen, CO. 3. All easements shown are from "The Moore Family P.U.D., A Planned Community", recorded August 10 1998, as in Book 45 at Page 81, Pitkin County, State of Colorado. 4. Date of field survey. August —September, 2013 5. This survey has been completed per the clients request for an Amended Plat. 6. Units of linear measurement: US Survey Feet. 7. The mathematical error of closure for this property is less than 1/15,000. 8. Based solely upon the Flood Insurance Rate Map (Community Panel No. 08097CO203 C, dated June 4, 1987, prepared by the Federal Emergency Management Agency, the subject property is designated as being situated in Zone X "Areas determined to be outside 500—year flood plain". 9. Fences shown hereon, if any, do not necessarily represent the limits of ownership. 10. SGM will not be responsible for any changes made to this document after it leaves our possession. Any copy, facsimile, etc., of this document must be compared to the original signed, sealed and dated document to insure the accuracy of the information shown on any such copy, and to insure that no such changes have been made. 71. Any subsurface utilities not shown hereon, were not marked by appropriate utility companies at the time of this survey. Client/contractor must contact specific utility companies to verify both the location and depth of respective utilities. Additional surveying work may be required to show any such subsurface utility locations on this drawing. SGM will not be responsible for protection of subsurface utilities not marked on the ground at the time of this survey. 12. This amended plat is based upon the final plat of The Moore Family P.U.D., A Planned Community, according to the plot thereof recorded August 10, 1998 in Plat Book 45 at Page 81, County of Pitkin, State of Colorado. 13. The property shown hereon is subject to all easements, rights —of —ways, building setbacks or other restrictions of record, as such items may affect this property. This map does not represent a title search by this surveyor or SGM of the property shown hereon to determine ownership, compatibility with adjoining parcels, or easements or encumbrances of record affecting this parcel. 14. All information pertaining to ownership, easement and other encumbrances of record has been taken from the title insurance commitment issued by First American Title Company, File No. 13003099, dated May 2, 2013, and every attempt has been made to show all easements and rights —of —way referred to in the title insurance policy referenced above. N oti ce: According to Colorado Low, you must commence any legal action based upon any defect in this survey within three years after you first discover such defect. In no event may any legal oction based upon any defect in this survey be commenced more than ten years from the dote of the certification shown hereon. - First Amended Plat - Lot 11,. Block G.. Moore Family P.U.D. Pitkin County, Colorado LEGAL DESCRIPTION: Lot 11, Block G, The Moore Family P.U.D., A Planned Community, according to the plat thereof recorded August 10, 1998 in Plat Book 45 at Page 81, County of Pitkin, State of Colorado. PURPOSE: Purpose of this amended plat is to amend the \ location of the building envelope. ,0 GRAPHIC SCALE o� /0��°9,�9s 20 0 10 20 40 80 ( IN FEET) is �/ Fs�PiP 1 inch = 20 ft. / Psp Se/ eyy �G PaS��GQG ca F 0� 1 b taO 9R fee o, �() �� � O o? /y*�%F Now q PF fsic*PAa� o"a samba 'S gddf N D,9 r d"Ss off. yr !e 000i '6>> OO�F F �e04.oP O 9��lyc Afio efoi% pG0 0 q/6?• e%`k' c s? ,.:iS�`Qa\ ti P6iID►1 of building q.to be eliminated N 2199 ssq. ft. t o 0.050 ac. •I 69, !�"E 34' S6218'04"E �gOhfi . ) 18.15' Lot 11 NI9'44'02"W / 1.053 ac. 24.61' Area to be added to building envelope / Primary Owner Nome and Address 2199 sq ft t r 883 MOORE LLC 1325 SIERRA VISTA DR Cy lb 0.050 ac. t °Q ASPEN, CO 87611 i r c Additional Owner Detail \ jac Legal Description gyp. a° Subdivision: MOORE FAMILY PUD 8/ock o^� G Lot: 11 e' i / r 0 `rye ri jg`o Building Envelope "ter 19447 sq. ft. t 0.446 ac. t i S75g ZEE r 109.0g \`ss C5 —__ R,23p� \ - CURVE TABLE - CURVE # ARC LENGTH RADIUS DELTA ANGLE CHORD BEARING CHORD LENGTH C1 165.32' 95.00' 99'42'29" N20'24'44"E 145.24' C2 13.37' 115.00' 6'39'35" S75'19'05"E 13.36' C3 40.45' 275.94' 8'23'59" S67'47'18"E 40.42' C4 56.85' 200.00' 16'17'16" S71'43'56"E 56.66' C5 44.6C 115.00' 22*13'15" N89'00'49"E 44.32' 41.40' Cl_ lay ' \ J1 N63'04'3TW1 17.24' I O v C a l Prmmor FE- y Ow949 ner No \ W ASRPE-9 1 MOORE R ANNgess CO p \ V 8767>_-T- \ N R� Additional 'Subdvision.• Lego/ Dwner Detoi/ \ \ C? � MOORE FAM/CYrpU�°nBlock \ \ \ \\ 6 Lot q - LEGEND - p — Fd 15 Rebor w///legible Cop O — Fd Nail & Shiner, LS # 290JO .O — Fd Rebor & Cop, LS 290JO ® — Fd Rebor & Cop, LS 201JJ �aTO 60 RECEIVED APR 3 0 2014 CITY OF ASPEN C(1W "Ty liffLQPMEN' CERTIFICATION OF DEDICATION AND OWNERSHIP : 883 MOORE LLC is the owner of certain lands in Pitkin County, Colorado being more particularly described as follows: Lot 11, Block G, The Moore Family P.U.D., A Planned Community, according to the plat thereof recorded August 10, 1998 in Plat Book 45 at Page 81, County of Pitkin, State of Colorado. 883 MOORE LLC does hereby execute and record this FIRST AMENDED PLAT, LOT 11, BLOCK G, THE MOORE FAMILY P.U.D., A PLANNED COMMUNITY, for the following purpose: Amendment of the building envelope locations. The resulting square footage of this envelope does not change. This amendment does not affect lot size or shape. Executed this day of � 2014 By. 883 MOORE LLC By --- STATE OF __ — ) )ss COUNTY OF _ ) The foregoing instrument was acknowledged before me this ___ day of __, 2014, by — as WITNESS my hand and official seal My commission expires Notary Public CITY ENGINEER REVIEW: THIS FIRST AMENDED PLAT, LOT 11, BLOCK G, THE MOORE FAMILY P.U.D., A PLANNED COMMUNITY, WAS REVIEWED FOR THE DEPICTION OF THE ENGINEERING DEPARTMENT SURVEY REQUIREMENTS THIS _--_ DAY OF . 2014. BY: CITY ENGINEER COMMUNITY DEVELOPMENT DIRECTOR : This FIRST AMENDED PLAT, LOT 11, BLOCK G, THE MOORE FAMILY P.U.D., A PLANNED COMMUNITY has been approved by the Community Development Director of the City of Aspen, Colorado. THIS _ DAY OF 2014. Director HOMEOWNERS ASSOCIATION: THE MOORE FAMILY P.U.D. MASTER ASSOCIATION, INC., A COLORADO NON—PROFIT CORPORA11ON By: _ President ACKNOWLEDGMENT STATE OF ) ss. COUNTY OF _ ) o � 3 The foregoing instrument was acknowledged before me this _— day of 2014, by — as President. WITNESS my hand and official seal: My commission expires Notary Public Cp om' c� PITKIN COUNTY CLERK AND RECORDER 0 1 hereby certify that this FIRST AMENDED PLAT, LOT 11, BLOCK G, THE MOORE a FAMILY P.U.D., A PLANNED COMMUNITY was accepted for recording in the office of the Clerk and Recorder of Pitkin County, this _ day of — , 2014 and is duly recorded in Plat Book —_ at Page __ as Reception No. in the Records of Pitkin County, Colorado. Pitkin County Clerk and Recorder SURVEYOR'S CERTIFICA I, David A. Cooper, a duly registered Professional Land Surveyor, licensed in the State of Colorado, do hereby certify that this FIRST AMENDED PLAT, LOT 11, BLOCK G, THE MOORE FAMILY P.U.D., A PLANNED COMMUNITY is a true, correct and complete plat as laid out, platted, dedicated and shown hereon, that such plat was made from an accurate survey of said Lot 11, by me or under my direct supervision, and correctly shows the location and dimensions of Lot 11 along with the location and dimensions of the amended building envelope. In witness whereof, I hove set my hand and seal this 23rd day of April, 2014 David A. Cooper o Colo. Reg. P.L.S. # 29030 For, and on 290 70 behalf of SGM A NAC LAW) 0 0 0 • a 0 tc from date project name subject copy to bluegreen 300 �,,,uth sprang st I ispen colorado 81611 1 97o 429 7499 1 f 97o 4_:r + Sara Adams —City of Aspen Community Development Department Christine Poirier Shine 11 March 2014 Lot 11 at Five Trees PUD Code Clarification Summary project files RECEIVED tog.K `L 8 2014 CITY OF ASPEN COMMUNITY DEVELOPMENT The following memo summarizes the two discussions with Sara Adams from the City of Aspen Community Development Department in regard to the project at Lot 11 at Five Trees. Moore Family Planned Unit Development Guide Article VIII Building Setbacks. All development, including grading shall be contained within the building envelope with the exception of grading necessary for driveways and driveway retaining walls, roads as depicted on the detailed submission grading plans, and berms and landscaping in Open Space Area 9. o the grading, landscaping, 7' wall and tiered rock wall associated with the driveways, driveway retaining walls and auto court are acceptable per Sara's interpretation of article (VIII) Moore Family Planned Unit Development Guide Article IX Driveways. Driveway retaining walls located outside the building envelope shall not exceed six (6) feet in height. Stepped back or terraced wall structures with ample planting pockets are to be used where grade changes exceed six feet. We understand that planting around the driveway is permitted even though it does not fall within the building envelope or activity envelope, because ample planting pockets are to be used where grade changes exceed six feet in conjunction with stepped -back or terraced wall structures. The Five Trees Design Guidelines reiterate the need for ample planting pockets in a wall of more than four feet high. Furthermore, revegetation is required per The Five Trees Design Guidelines for disturbed areas as a result of the wall excavation and reads as follows, at disturbed areas where extensive reforestation is planned, a planting mix including smaller trees and shrubs may be approved provided that the larger plant material size requirements outlined above are adhered to in area that are highly visible from adjacent properties. The planting as described in the two bullet points above are deemed acceptable per Sara's interpretation of article (VX) and with parks department approval to ensure that native revegetation requirements are met. • Moore Family Planned Unit Development Guide Resolution No 09. Section 1 An activity envelope will be measured 20 feet from the foundation of the principal and accessory structures on each residential lot. Permitted activities include approved landscaping, drainage features and trenching for utilities. o Planting is approved within the building envelope and activity envelope per Sara's interpretation of Resolution No 09. Section 1. • Moore Family Planned Unit Development Guide Resolution No 09. Section 2 Diseased or dead trees located outside of a building or activity envelope may only be replaced with the approval of the City Parks Department. o Also we understand that diseased or dead trees located outside of a building or activity envelope may be replaced if approved by the Parks Department. To be confirmed with the Parks Department. • Moore Family Planned Unit Development Guide Article XVI Lighting 7. (g) No landscape lighting and (h) No driveway lighting in the residential areas. Moore Family Planned Unit Development Guide Article XVI Lighting 2. Illumination Levels (b) pedestrian walkways and driveways - from .lfc to .Sfc. o We understand the definition of landscape lighting to be lighting that is associated with planting, which differs from site lighting, which refers to the lighting of the exterior hardscape areas. Sara's interpretation of Article XVI Lighting is consistent with our understanding. o Furthermore, based upon 2. Illumination levels, we understand that site lighting on stairs and pedestrian walkways is permissible. Sara's interpretation of Article XVI Lighting is consistent with our understanding. Moore Family Planned Unit Development Guide Article VIII Building Setbacks. AN development, including grading shall be contained within the building envelope with the exception of grading necessary for driveways and driveway retaining walls, roads as depicted on the detailed submission grading plans, and berms and landscaping in Open Space Area 9. Moore Family Planned Unit Development Guide Article XIII Development of Slopes of 30 Percent of Greater Steepness of cut and fill slopes shall be the maximum which will ensure stability and still allow vegetation. o The area of grading adjacent to the proposed green roof is outside of the building envelope and not allowable per Sara's interpretation, however the code reads that all development, including grading, shall be contained within the building envelope, with the exception of grading necessary for driveways and driveway retaining walls, roads as depicted on the detailed submission grading plans. Although the road is not new, as discussed, the grading will ease the transition to the cut made for the initial disturbance made for the road construction. In reference to Article XIII Development of Slopes of 30 Percent of Greater, this proposed grading intends to blend the existing road cut thru the incorporation of a planted natural boulder wall to soften the steepness of grade in this location due to prior road construction. o Per The Five Trees Design Guidelines, outside of the building envelope, the site is to remain in, or be restored to, an essentially natural condition, maintained to blend with adjoining, predominantly areas. We want to ameliorate the road cut damage and return this area to a more naturalized condition per the design guidelines. The Five Trees Design Review Board was in favor of how the grading and transition to the green roof significantly reduced the visual impact from Moore Road and was consistent with the blending into the naturalized environment. They were pleased with the natural boulder retaining wall that would further blend the grade change. Please provide your interpretation given the circumstances. The area of grading adjacent to the proposed green roof is outside of the building envelope and not allowable per Sara's interpretation. Sara recommends an activity envelope adjustment and will provide a pre -application summary if one is requested by the team. The anticipated timeline for this administrative action is 2-4 weeks. Moore Family Planned Unit Development Guide article XV Wildfire Mitigation. 1. A 10 foot perimeter around all legal structures shall be clear of tall grass and brush. The grass in this perimeter shall be kept mowed and only small plants and shrubs shall be used for landscaping. Moore Family Planned Unit Development Guide article XV Wildfire Mitigation. 2. Vegetation shall be reduced to break up the vertical and horizontal continuity of fuels a minimum of 30 feet perimeter around the structure. Within the 30 foot perimeter, spacing of clumps shall be a minimum of two times the height of fuel. o Based upon the wildfire mitigation requirements, the planting will be very limited, which is inconsistent with The Five Trees Design Guidelines. The County has updated their fire mitigation code since this PUD to better address wildfire standards. Innovative approaches, such as having the planters and green roofs as part of the structure and using roads as fire breaks, have been accepted under Pitkin County's current mitigation code in recent projects. The irrigation also plays in integral role in wildfire prevention. To be confirmed with the Fire Department. Please confirm your interpretation of the definition of "structure" that informs our activity envelope and wildfire mitigation: Structure (as defined in current Aspen Land Use Code) Anything constructed, installed or erected which requires location on the ground or is attached/supported by something on the ground, inclusive of buildings, signs, roads, walkways, berms, fences and/or walls greater than six feet (6') in height, tennis courts, swimming pools and the like, but excluding poles, lines, cables or similar devices used in the transmission or distribution of public utilities. Attached please find Bluegreen's interpretation of the "structure" limits for Lot 11 at Five Trees. 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I 1 I ti /i 1 I � '1 ` \%• / SOP w 02 C , • f I W N— 1 OS 7Nndroo331u N gfl; LL I� I O WWi �O W W / I` Y.� ~ O I� z Z / O a 9 W 3 3NI� dM4 77T11 r*'- o �: IW w m g W z .�p- - VICINITY MAP - AI F• 1 Inrh = )nnn Fo - LEGEND - 51 - Fd 15 Rebar w///legible Cap O - Fd Nail & Shiner LS # 29030 QQ - Fd Rebar & Cop, LS # 29030 ® - Fd Rebar & Cop, LS # 201JJ D❑ - Electric Transformer ® - Electric Meter EP - Electric Panel QE - Electric Manhole * - Light Pole 4 - Floodlight ,0, - Utility Pole o - Guy Pole M - Telephone Ped Or - Telephone Manhole pd - Water valve - Fire Hydrant ® - Water Meter - Water Shut-off Qw - Water Manhole - Water Spigot ® - Well - PVC pipe j - Irrigation Cont. Valve �$ - Sanitary Sewer Manhole ® - Cleanout ® - Gas Meter D4 - Gas Valve Q - Gas Marker © - CAN Pedestal Qo - Storm Manhole - Sign - Single Pole - Sign - Double Pole ® - Mailbox Q - Larger Rock / Boulder ;w�Ir - Satellite Dish 8~ Deaduops Tree Evergreen Tree OE Overhead Electric Line ue Underground Electric Line a Gas Line x Fenceline ss Sanitary Sewer Line w Water Line or Overhead Telephone Line UT -Underground Telephone Line — Concrete w — Stone — Grovel 5 - — Deck SLOPE TABLE NUMBER MIN. SLOPE MAX. SLOPE COLOR 1 30.000% 40.000% a ! 2 40.000% 100.000% Notice: According to Colorado Law, you must commence any legal action based upon any defect in this survey within three years otter you first discover such defect. In no event may any legal action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. 2 � C'O �vs �s Aa C1. O• � � t s / GRAPHIC SCALE 20 0 10 20 40 80 tf //f r � t ... 0`��0� WINE),00/0�0i/,0v, 10112/1 Lot 11, Block G Ho ore Family P. U.D. Aspen, Colora do ( IN FEET) 1 inch = 20 ft.`� z 8325 91551 / vBoy�Pi ✓q ova OpPZ-40 c gOore JB., a`'`r%on•���P'000rUCOS"61 SS 6 of 7 6 Sao C��y 832 �F�gloy�pn�ef,,. �t ° 4" t BvocF' G GO a ,� 4 . � r �a g33° a 8' Lam' 2-6" j 4, 4„ 8330 ;" „ 7 i • 0 - CURVE TABLE - CURVE# ARC LENGTH RADIUS DELTA ANGLE CHORD BEARING CHORD LENGTH C1 165.32' 95.00' 99'42'29" S20'24'44"W 145.24' C2 13.37' 115.00' 6'39'35" S7` '05"E 13 ja C3 40.45' 275.94' 8'23'59" S67 '18"E 40.rr C4 56.85' 200.00' 16'17'16" N71'43'56"W 56.66' CS 44.60' 115.00' 22'13'15" S89'00'49"W 44.32' 8,. 5„ n 6„ Fn �� ,-{ 4 / 4'4 V ' 6" .... �. 6" r 4 . 4 6 r y 8„ F' t. 6„ 4„..` 4 r n h� 4" 8 8 \ r 4" \ .......... \ f.. 4., r R' 6" 345 ......... 0�6h �...• g h ��; ........... / CS 7 4,. 9 4 7/ 4„ 5' 6„ 6„ 4 6„ 8" Q 4� e 10° 7 _ 6 5„ 0 0 D - s _ Ln c i 4„ / _._ r 4" 6" 4„ old r;'ew 6" 1 g fQ L 8 \ Lot 11, o � To • ...... „ �o g„ �w� ,rs 4" �:.. 8,, ....._ .4,'... ... 1.053 tic, aT6h /. $ 7 Prima Owner Name and Address / "- �' 6 \ / ? 883 MOORS LLC 4: 6" 4,. 1325 SIERRA VISTA DR 0 ........- ASPEN, CO d1611 / 6" 8360' ......... 4' 4 Additional Dwner Detail „ Legal Description .f ...oP �� �a� ®.._ = ' e / 6" Subdivision: MOORE FAMILY PUD Block: .. _ / GLot. ro w 1 :... 6,. 4" 6„ . 11 .. 6" 7„ 18 6 // o o ' .�..8,365 4F.. Q•. ., J C1� 3285 .............� EL: 8381.50' aof „ H , " , 6 / TP TEMP VIEW ANGLE 4 •,J NRoaFsA It z ' 4 _...... J) / J /F lrt,7 '. a;} N=59068.31' 52'g�hofa Sign "Do Not Enter 4 E=61704.51 6 Ol' 0 Emergency Access "837 • lf' � yoQ J \ 3097 3 � „ 'S oo w EL: 8370.34' c` 4 .. _ ..!. _ _ 4° 2,. 2-4" _ .. ... /� © c we 0 .......HJ75. ... iG" .,..,.,.... --..-' �� , / _ �I°�2 to TIP NEW GRADIN -�— — — — — t r \� —e N=59024.55' _off------'----- E=61427.12' 0 IV of ----- r C5 e UJ f lop SS Ah ------------_- m S7g 52 _ _ - ---- ----------- .3 9 ... _ 4E U7 -^- 22' Qb \ \ Sign �a�e — — --<>-- s „Fire 1v 3003 - -\ \ ^0 I� - 1, 1011 _ ... '❑ EL: 8391.33' a o EL: 8380.77' _ — — — ---_- $ v TP FLOWLINE e CQ 059��T Q - TP WONT STOP Q , TP FLO LIN "'' Qrlu - - \ N=58995.35' O` 4° P �-- E=61684.15' a aqi E=61543.72' FER Okner Norne ��' \. o o �� V/NCE)yT and gddress \ 9y . oASPEN C7 8061 pp ANiyA \ C� 83 Cf 3S0 Adoi7iona/ Owner \ b''x°' • • N �-------------- .` Subdivision, MOO ego/ Descry fiDetoy/ LY PUD � B/oak. Lot, SGM 118 West Sixth Street, Suite 200 Glenwood Springs, CO 81601 970.945.1004 www.scim-inc.com Lot 1 l , Block G Moore Family PUD KEG~ MAh d b 2u'�•A CITY OF X� fa COR�iNpN" Pr; PROPERTY DESCRIPTION: Lot 11, Block G, The Moore Family P.U.D., A Planned Community, according to the plat thereof recorded August 10, 1998 in Plat Book 45 at Page 81, County of Pitkin, State of Colorado. NOTES: 1. Basis of Bearings - The record bearing between the southeast corner and the south 1/4 of Section 11 TAO S., R.85 W. 6th P.M., is N8955'48"W as shown on the 1978 BLM Dependent Resurvey Survey of said township recorded at Pitkin County, State of Colorado. 2. Street address - 883 Moore Drive, Aspen, CO. 3. All easements shown are from "The Moore Family P.U.D., A Planned Community", recorded August 10 1998, as in Book 45 at Page 81, Pitkin County, State of Colorado. 4. Due to extensive work completed in this area, elevations are relative to design grades used for the Moore Family P.U.D. released for construction May 28, 1999, by Schmueser Gordon Meyer, Inc., and would have to be adjusted up 3.39 feet to match NAVD 88. 5. Date of field survey. August -September, 2013 6. This survey has been completed per the clients request for an Existing Conditions Map. 7. Units of linear measurement: US Survey Feet. 8. The mathematical error of closure for this property is less that 1/15,000. 9. Based solely upon the Flood Insurance Rate Map (Community Panel No. 08097CO203 C, dated June 4, 1987, prepared by the Federal Emergency Management Agency, the subject property is designated as being situated in Zone X "Areas determined to be outside 500-year flood plain". 10. Fences shown hereon, if any, do not necessarily represent the limits of ownership. 11. SGM will not be responsible for any changes made to this document after it leaves our possession. Any copy, facsimile, etc., of this document must be compared to the original signed, sealed and dated document to insure the accuracy of the information shown on any such copy, and to insure that no such changes have been made. 12. Any subsurface utilities not shown hereon, were not marked by appropriate utility companies at the time of this survey. Client/contractor must contact specific utility companies to verify both the location and depth of respective utilities. Additional surveying work may be required to show any such subsurface utility locations on this drawing. SGM will not be responsible for protection of subsurface utilities not marked on the ground at the time of this survey. 13. field work for this survey was performed in very heavy vegetation with limited visibility throughout the site. Every effort was made to locate each tree and other such items without duplicating such items on this map, but said vegetation makes for some approximations. 14. The property shown hereon is subject to all easements, rights of -ways, building setbacks or other restrictions of record, as such items may affect this property. This map does not represent a title search by this surveyor or SGM of the property shown hereon to determine ownership, compatibility with adjoining parcels, or easements or encumbrances of record affecting this parcel. 15. All information pertaining to ownership, easement and other encumbrances of record has been taken from the title insurance commitment issued by First American Title Company, File No. 13003099, dated May 2, 2013. Every attempt has been made to show all easements and rights -of -way referred to in the title insurance policy referenced above. PERTAINING TO SAID TITLE COMMITMENT, SCHEDULE B-2 EXCEPTIONS: Items 1 7,12-18, 20-24, 27-28, 30-32, 35-37, 39-40 are standard exceptions, or are unable to be depicted graphically, or affect the entire parcel or subdivision in general. Item 8 - The parcel of land described at Book 55 Page 9, does not affect subject parcel. Item 9 - The parcel of land described at Book 55 Page 20, does not affect subject parce). Item 10 -The parcel of land described at Book 55 Page 34, affects subject parcel Item 11 -The parcel of land described at Book 55 Page 191, does not affect subject parcel. Item 19 - All notes, easements and recitals as disclosed on the Moore Family Planned Unit Development, a Planned Community Plat, recorded in Plat Book 45 at Page 81 are shown hereon. Item 25 - The Easement agreement with the Aspen School District No. RE1, recorded as Reception No. 420477 does not affect the subject parcel. Item 26 - The Easement agreement with the City of Aspen, recorded as Reception No. 420478 does not affect the subject parcel. Item 29 - The City of Aspen Raw Water Agreement, recorded as Reception No. 420485 does not affect the subject parcel. Item 33 - The Master Deed Restriction Agreement for the Occupancy and Resale of the Moore Family Project, recorded as Reception No. 420489 does not affect the subject parcel. Item 34 - The Memorandum of Understanding Between the Aspen School District and the James E. Moore Family Partnership LP, recorded as Reception No. 420491 does not affect subject parcel. Item 38 - The Agreement, recorded as Reception No. 427473; the Ski Lift and Ski Trail Use Agreements, recorded as Reception No.'s 427474, 427475, 427476 and 427477, do not affect subject parcel. SURVEYOR'S CERTIFICATE I, David A. Cooper, do hereby certify that I am a registered Professional Land Surveyor licensed under the laws of the State of Colorado, that this map was prepared on September 10, 2013, and that this map was made from an accurate field survey of said property by me and under my supervision and that this map Is true and correct to best of my knowledge and belief. David A. Cooper Colo. Reg. P.L.S. # 2903 For, and on behalf of SGM # Revision Date By Job No. 1 Existing Conditions Map Drawn by: 2 Date: 4 w/Slope Zones Approved: 5 File: 2006.443.002 clac 9/10/13 Moore-BkG-Lofl 1-EC map Of 3 a 0 F W 0 c� I - LEGEND - - Fd 15 Rebor w/Illegible Cop p - Fd Nail & Shiner, LS f 29030 O. - Fd Rebor & Cap, LS 29030 ® - Fd Rebor & Cop, LS 20133 0 - Electric Transformer FQ1 - Electric Meter EP - Electric Panel Oe - Electric Manhole * - Light Pole t - Floodlight ,a, - Utility Pole o - Guy Pole M - Telephone Fed Q - Telephone Manhole pd - Water valve - Fire Hydrant ® - Woter Meter - Woter Shut-off ® - Water Manhole c� - Water Spigot ® - Well - PVC pipe tj - Irrigation Cont. Valve O- Sanitary Sewer Manhole ® - Cleanout ® - Gas Meter D 4 - Gas Volve - Gas Marker © - CATV Pedestal - Storm Manhole -� - Sign - Single Pole a - Sign - Double Pole 10- Mailbox ® - Larger Rock / Boulder 1 ® - Satellite Dish Deci�� "s Tree - 0" Eve en Tree of Overhead Electric Line uE Underground Electric Line c Gas Line x Fenceline ss Sanitary Sewer Line w Water Line oT Overhead Telephone Line ur Underground Telephone Line µ - Concrete - Stone - Grovel - Deck SLOPE TABLE NUMBER MIN. SLOPE MAX. SLOPE COLOR 1 30.000% 40.000% 2 40.000% 100.000% if m 0 g 3 a 0 m 0 NI Notice: o According to Colorado Low, you must commence dj any legal action based upon any defect in this survey within three years after you first discover such defect. In no event may any legal action Nbased upon any defect in this survey be commenced more than ten years from the date 0 of the certification shown hereon. — Exis tin Conditions Ha Lot 11, Block G Ho ore Family P. U.D. A sp en, Col ora (1o GRAPHIC SCALE sl'!:�J /� �• •* 20 0 10 20 40 60 fr�P�• IN FEET) , h 1 inch = 20 ft. ' /Y0' ) Ni 51 / = � 7.'J 5325 ,yogi 9ss lspp°na �915 " W GP S Nb �0�1 Pspe/ �.. _.._ . Z g y E?� 4a Sli6d y/s qoa co Fop o s 'ms 'a�•� looio ��6// 0 is 0 - CURVE TABLE - CURVE# ARC LENGTH RADIUS DELTA ANGLE CHORD BEARING CHORD LENGTH C1 165.32' 95.00' 99'42'29" S20'24'44"W 145.24' C2 13.37' 115.00' 6'39'35" S7 ' 9'05"E 1 C3 40.45. 275.94' 823'59" S '18"E 4 ' C4 56.85' 200.00' 1617'16" N71'43'56"W 56.66' C5 44.60' 115.00' 22'13'15" S89'00'49"W 44.32' S69C\�yoi 8g2 7 ....... an �OQ„ _.. pesC°ei 4" 4" !ip 4„ lot. vo 8330 �6„ „ 4 2 9 cYU 4 4 -" 3 t3 p 8330' 4" 4 r l 8„ �„ 6" 6„ 4�� ... 4" rill: 4 Q„ 6"- 7 �Q �� �/ ,...0: 6 ns 833g5 o, „}t, 4 „ 6" b p ` ,...._. " 4 "44 4" &,. / C.. BQo• _ 4„ ......... 8„ G wy �{ 4 r 4., ....8340'.......... 6.,r:Jr'". (. .6� _._x r r �}' 6" 36� °c 5� 6, 0 ............ `p�.... .. _ ! 5 4"....... ..5: 6" 8„ ._ .. \ 4" g345 0 �43 r il�i , yS� 6" / 5„ O��t'y5 �� 74„ g„ .i 4" 6„ ... 6„ c �" Q�°�°�5� p5. a 7:. °�5� ° 4„ 6" %., q 5 8„ y 1Q" P " E 4 5" till Jc 4" 6° 8„ 4°old %Pw 6" rn 1 ..... �t pr/ 8„ a 8355 Q 4' r of 11.. F� __ �- 4' ._.. 1.053ac. S65 �o J0 _ B 46 8r. _ 8" 7" /�� r < Fif Pnmory Owner Name and Address \ ' 883 MDORE LLC / v��Q� 4" 6., 4" 4„ 4„ IJ25 SIERRA 11STA.-DR 9° ASPEN, CO $1$11 / / IP , m = .. .. o 6" 8J60'..... O. 10 4„ .,. 4" Additional Owner Detail " lego/ Description ; " " ' L` ,; Subdivision: MOORE FAMILY PUD Block. �?. _.. _ C Lot: 11 .... 7" 6.. 6" .._........ _.. 4,• 6„ 6, 1 av J .. T° 6, 4 1.. .. 8365 / -..... 4tl. s............ 18 { / .,•o� f' •` •Q¢' ' EL: 8381.50' i/ya f ......... 8„ 4g: in3`, 6 TP TEMP VIEW ANGLE �.. ks 4„ ..... 5„ �� �� . -�o%�/ �.. , }` N=59068.31 O00 f Sign Oo Not Enter _ l , j �i 1 i ° Q E-61704.51' 0/' Emergency Access ° \ �._.•� �..... _` ..�. ....... 3097 J30 .a; _ ....... & 1 4u { wN c 5 EL: 8370.34' ` t f TP NEW GRADIN a��s'..... I. N=59024.55' � .` �'--� ------- �7�rrnt----- t0 \ E=61427.12' U �aPe I /,11 1011 / y w _ _ _ _ -- _. ..... EL: 8391.33' _ 0 v �� EL: 8380.77 -- _ ,� I'© _ e $ v TP FLOWLINE C4 ey9a ' TP WONT STOP N=58993.20' Cyr �:� \• �' N=58995.35' v m E=61543.72' nQ Osner\-61684.15 y F 61 MC�ENT ' �95 E AS,%,,y RE pR WCoiY 008161!_3 506 ......1� • �° iY SLbdivisio ; Ado/ \ ------------zegonolOKner'9etm/ C2 a n MOORE FAM/LY PUD B/ock.• G Lot. • (SGM 118 West Sixth Street, Suite 200 Glenwood Springs, CO 81601 970.945.1004 www.sam-inc.com Lot 11, Block G Moore Family PUD PROPERTY DESCRIPTION: Lot 11, Block G, The Moore Family P.U.D., A Planned Community, according to the plat thereof recorded August 10, 1998 in Plat Book 45 at Page 81, County of Pitkin, State of Colorado. NOTES: 1. Basis of Bearings - The record bearing between the southeast corner and the south 1/4 of Section 11 T.10 S., R.85 W. 6th P.M., is N8955.48"W as shown on the 1978 BLM Dependent Resurvey Survey of said township recorded at Pitkin County, State of Colorado. 2. Street address - 883 Moore Drive, Aspen, CO. 3. All easements shown are from "The Moore Family P.U.D., A Planned Community", recorded August 10 1998, as in Book 45 at Page 81, Pitkin County, State of Colorado. 4. Due to extensive work completed in this area, elevations are relative to design grades used for the Moore Family P.U.D. released for construction May 28, 1999, by Schmueser Gordon Meyer, Inc., and would have to be adjusted up 3.39 feet to match NAVD 88. 5. Date of field survey. August -September, 2013 6. This survey has been completed per the clients request for an Existing Conditions Map. 7. Units of linear measurement: US Survey Feet. B. The mathematical error of closure for this property is less that 1/15,000. 9. Based solely upon the Flood Insurance Rate Map (Community Panel No. 08097CO203 C, dated June 4, 1987, prepared by the Federal Emergency Management Agency, the subject property is designated as being situated in Zone X "Areas determined to be outside 500-year flood plain" 10. Fences shown hereon, if any, do not necessarily represent the limits of ownership. 11. SGM will not be respmsible for any changes made to this document after it leaves our possessior. Any copy, facsimile, etc., of this document must be compared to the original signed, sealed and dated document to insure the accuracy of the information shown on any such copy, and to insure that no such changes have been made. 12. Any subsurface utilities not shown hereon, were not marked by appropriate utility companies at the time of this survey. Client/contractor must contact specific utility companies to verify both the location and depth of respective utilities. Additional surveying work may be required to show any such subsurface utility locations on this drawing. SGM will not be responsible for protection of subsurface utilities not marked on the ground at the time of this survey. 13. Field work for this survey was performed in very heavy vegetation with limited Visibility throughout the site. Every effort was made to locate each tree and other such items without duplicating such items on this map, but said vegetation makes for some approximations. 14. The property shown hereon is subject to all easements, rights -of -ways, building setbacks or other restrictions of record, as such items may affect this property. This map does not represent a title search by this surveyor or SGM of the property shown hereon to determine ownership, compatibility with adjoining parcels, or easements or encumbrances of record affecting this parcel. 15. All information pertaining to ownership, easement and other encumbrances of record has been taken from the title insurance commitment issued by First American Title Company, File No. 13003099, dated May 2, 2013. Every attempt has been made to show all easements and rights -of -way referred to in the title insurance policy referenced above. PERTAINING TO SAID TITLE COMMITMENT, SCHEDULE B-2 EXCEPTIONS: Items 1-7,12-18, 20-24, 27-28, 30-32, 35-37, 39-40 are standard exceptions, or are unable to be depicted graphically, or affect the entire parcel or subdivision in general. Item 8 - The parcel of land described at Book 55 Page 9, does not affect subject parcel. Item 9 - The parcel of land described at Book 55 Page 20, does not affect subject parcel. Item 10 -The parcel of land described at Book 55 Page 34, affects subject parcel Item 11 -The parcel of land described at Book 55 Page 191, does not affect subject parcel. Item 19 - All notes, easements and recitals as disclosed on the Moore Family Planned Unit Development, a Planned Community Plat, recorded in Plat Book 45 at Page 81 are shown hereon. Item 25 - The Easement agreement with the Aspen School District No. REL recorded as Recepton No. 420477 does not affect the subject parcel. Item 26 - The Easement agreement with the City of Aspen, recorded as Reception No. 42D478 does not affect the subject parcel. Item 29 - The City of Aspen Raw Water Agreement, recorded as Reception No. 420485 does not affect the subject parcel. Item 33 - The Master Deed Restriction Agreement for the Occupancy and Resale of the Moore Family Project, recorded as Reception No. 420489 does not affect the subject parcel. Item 34 - The Memorandum of Understanding Between the Aspen School District and the James E. Moore Family Partnership LLP, recorded as Reception No. 420491 does not affect subject parcel. Item 38 - The Agreement, recorded as Reception No. 427473; the Ski Lift and Ski Trail Use Agreements, recorded as Reception No.'s 427474, 427475, 427476 and 427477, do not affect subject parcel. • SURVEYORS CERTIFICATE I, David A. Cooper, do hereby certify that I am a registered Professional Land Surveyor licensed under the laws of the State of Colorado, that this map was prepared on September 10, 2013, and that this map was made from an accurate field survey of said property by me and under my supervision and that this map Is true and correct to best of my knowledge and belief. David A. Cooper - Colo. Reg. P.L.S. # 29034- For, and on behalf of SGM # Revision Date I By W lob No. 1 Existing Conditions Map Drawn by: 2 Date: 4 W/Slope Zones Approved: 5 File: 2006-443.002 doc 9/10/13 MoorBk&lofl 1-EC map QF e oo, . z,,1, . A . LA . RECEIVED uR7014 ATTACHMENT 2—LAND USE APPLICATION CI I Y `j► oNEN Ylt0 ,C 1 : Name: o+ 11 -_; ✓ .S Location: 63 Moore, lD/ire As en C010iAdo sitpll Indicate street address lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) APPLICANT: Name: ken sElle( 01ri✓e LLC- Address: 1 3Z$ Lerea Lsts� 2 , Fk�pe-n, C.Uloe do Arcoll Phone #: 1 P - 593 - 871o7 REPRESENTATIVE: Name: R0010.nd 4- $(o h n Address: 400g►n5 Ave'. k 2n &o10('Lklo 61(nl, Phone #: q70. eqq -9004P TYKE or APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use ❑ GMQS Allotment [,7—] 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 Desigp Review ❑ Lot Split ❑ Small Lodge Conversion/ Expansion ❑ Residential Design Variance ❑ Lot Line Adjustment Other. lnsu6s'i441'a] Amen Conditional Use Amend SW, . Envelope ExiSTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) ,ter lot a4 a O isk d 6ji lrli'nc er1ve.10r7e IROPOSAL: Adescription of proposed buildings, uses, modifications, etc.) ff the shape oP An es�abllsyhd 61'ld�"� 9n\/elope No ne.+ �nr✓ease in � 512E 6� 10v!ldin4—z?— evivelf) tS pD ✓v—� obeA have you aiLacneu LnC LUIIuW113 i Pre -Application Conference Summary [)� Attachment #1, Signed See Agreement Response to Attachment #3, Dimensional Requirements Form Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards ❑ 3-D Model for large project WA All plans that are larger than 8.5" X II" 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. men' r A rowland+broughton architecture / urban design / inte,ior design 18 March 2014 Sara Adams Senior Planner, Community Development City Hall 130 S. Galena Street Aspen, CO 81611 PROJECT: Lot 11 — Five Trees PERMIT: TBD SUBJECT: Building Envelope Adjustment CC: Dear Sara, aspen 234 e hopkins awe, aspen co 81611 + t 970 544 9006 deriver 1630 blake st, ste 200, derver co 80202 + t 303 308 13/3 visit www.rowlandbroughtc>n.com RECEIVED MAR 2 8 2014 CITY OF ASPEN COMMUNITY DEVELOPMENT This letter serves as authorization for Rowland+Broughton to submit a land use application for a Building Envelope Adjustment, for the administrative review of a single family residence located at 883 Moore Drive, Aspen. All required submissions for this application are contained within this package. If you have any questiolv� about this authorization please do not hesitate to contact us. Best regard 8W Moore Drive 917-593-8767 Page 1 of 1 ` -ol0 wed j �6 �s Agreement to Pay Application Fees RECEIVE�C' An agreement between the Citv of Aspen ("City") and Property 883 Moore LLC Phone No.: 970-429-4073 () v Owner "I° : Email: kstiller@msn.com CITY OF AS[,-_� Address of Lot 11 Five Trees/Moore Family Billing 1325 sierra vista drive MEi Property: of PUD Address: aspen co 81611 (subject (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 $0 flat fee for Select Dept flat fee for Select Dept $ 0 flat fee for Select Dept $ 0 flat fee for Select Review 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. 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. $ 1,300 deposit for 4 hours of Communily Development Department staff time. Additional time above the deposit amount will be it 31 $ 265 deposit for 1 hours of E q' ring Department staff time. Additional time above the deposit amount will be billed at $265 per hour. .`�' 2-!� ` City of Aspen: CITY OF A5t'EN Property Owner: COiJIMUNITY OEVELppMEN ` p y Chris Bendon Community Development Director Name: kenneth r stiller City use: 1565 Title: 883 moore Ilc manager Fees Due: $ Received: $ Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attorney representing the property owner. / V'i ((Q- Property Name: � S �(c>.�� �_(- LPL f Owner ("I"l: Email: Phone No.: k5ii C••� ��- 6a,, Ca r n� 9513 - S-? (0-7 -- Address of Property: (subject of ft"3 application) I certify as follows: (pick one) ❑ This property is not subject to a homeowners association or other form of private covenant. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application do not require approval by the homeowrers association or covenant beneficiary. �] This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. Evidence of approval is attached. I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effecta-Vi�jblic private covenants or homeowner association rules or bylaws. I understand that this dment ocuidocument. Owner signature: Owner printed name: or, Attorney signature: Attorney printed name: 7' date: �'- date: DECEIVED 110MMUNP DMICIMENT October, 2013 City of Aspen 1 130 S. Galena St. 1 (970) 920-5090 F I V E T R E E S Jim Stark, President Eve Whiston Ken Stiller 1325 Sierra Vista Dr. Aspen, CO 81611 kstiller@msn.com Dear Mr. Stiller, DESIGN REVIEW BOARD Da-6d Parker, Vice President Bruce Etkin Tanja Wojcik Gary Beach, Manager March 11, 2014 CC: Sara Upton Rowland+Broughton Architecture supton@rowlandbroughton.com Re: Approval for Building Envelope Adjustment, Block G, Lot 11 Thank you for your patience during the review process regarding your request to adjust the Building Envelope of Block G, Lot 11. The DRB has approved the proposed shift of the building envelope from the north side of the site to the southeast side of the site, in order to accommodate for grading and landscape. The approval is subject to the condition that you install fencing on the lower (southeast) part of the envelope boundary and limit of disturbance to ensure your compliance with the approved envelope adjustment. Final approval will be contingent upon written consent from the City that they approve the building envelope adjustment. Should you have any questions or need additional information, please feel free to give me a call. Sincerely, - - — �-K2i-,, - Kelly EWicharme Association Administrator FTMD/DRB/2014/Stiller/0209 Lot 11 Stiller BE approval 3.11.14 ATTORNEYS TITLE INSURANCE AGENCY OF ASPEN, LLC 715 WEST MAIN STREET, SUITE 202 ASPEN, COLORADO 8161 1 OWNERSHIP & ENCUMBRANCE REPORT This report is based on a search made of documents affecting the record title to the property described hereinafter, searched by legal description and by the names of the grantor or grantee. Consequently, the information as to record owner is taken from the most recent recorded Vesting Deed, and the information as to existing encumbrances reflects those documents of record which specifically described the subject property by legal description or which refer to the owner of the property which are filed by name only and do not include the legal description of the property. No information is furnished relative to easements, covenants, conditions and restrictions. This report does include the results of a search under the names of the property owner(s) in the general index. Liability of Attorneys Title Insurance Agency of Aspen, LLC under this Ownership and Encumbrance Report is limited to the fee received. Effective Date: April 7, 2014 Property Address: 883 Moore Drive, Aspen, CO 81611 Schedule No: R016775 Parcel No: 273514111111 Taxes: Total taxes for the year 2013, have been paid in full in the amount of $24,659.88. Taxes for the year 2014, are not yet due or payable. Legal Description: Lot 11, Block G, THE MOORE FAMILY PUD, A PLANNED COMMUNITY, according to the Plat thereof recorded August 10, 1998 in Plat Book 45 at Page 81, Pitkin County, Colorado. Record Owner: 883 Moore LLC, a Colorado limited liability company The following liens were found affecting subject property: Deed of Trust from 883 Moore LLC, a Colorado limited liability company, to the Public Trustee of Pitkin County for the benefit of Alpine Bank Aspen, to secure an indebtedness in the principal sum of $900,000.00, dated July 2, 2013, and recorded July 2, 2013, as Reception No. 600866. Title Insurance Agency of Aspen, LLC By: M(Ater Van Authorized Aee TELEPHONE (970) 925-7328 A AA FACSIMILE (970) 925-7348 ATTORNEYS TITLE INSURANCE AGENCY OF ASPEN, LLC 715 WEST MAIN STREET, SUITE 202 ASPEN, COLORADO 8161 INVOICE Invoice Date: April 9, 2014 To: Kenneth R. Stiller 1325 Sierra Vista Drive Aspen, Colorado 81611 kstiller@msn.com Invoice #: 140401 From: Attorneys Title Insurance Agency of Aspen, LLC 715 West Main Street, Suite 202 Aspen, CO 81611 970-925-7328 *r--�' r ' '`"'�""t�t�✓bs,�5r�4y'.$. �'�.?�.� _ 3''x'x r"''�. s '�"4''',K" € `q-�'s 3'^^:,: ��5} '�' .. S ., -n �8pw .. Ownership and Encumbrance Report 883 Moore Drive, Aspen, Colorado $100.00 1 $100.00 Subtotal $100.00 Tax @ % $0.00 Non Taxable Amt. $0.00 Grand Total $100.00 Please Remit To. - Attorneys Title Insurance Agency of Aspen, LLC 715 West Main Street, Suite 202 Aspen, CO 81611 970-925-7328 Thank you! TELEPHONE (970) 925-7328 A A A FACSIMILE (970) 925-7348 RECEPTION#: 600864, 07/02/2013 at 03:54:59 PM, 1 OF 1, R $11. F $0.00 Doc Code AUTH STATEMENT OF AUTHORITY Janice K. Vos Caudill, Pitkin County, CO 1. This Statement of Authority is for the entity named: 883 MOORE LLC. 2. 883 MOORE LLC, is a Colorado limited liability company. 3. The current mailing address for 883 MOORE LLC, is: 1325 Sierra Vista Drive, Aspen, Colorado 81611. 4. Kenneth R. Stiller is authorized by 883 MOORE LLC, without limitation, to execute instruments necessary to acquire, encumber or otherwise affecting title to certain real property to be purchased by it in Pitkin County, Colorado, to wit: Lot ii, Block G, THE MOORE FAMILY PUD, A PLANNED COMMUNITY, according to the Plat thereof recorded August io, 1998 in Plat Book 45 at Page 81 5. This Statement of Authority is executed and delivered pursuant to C.R.S. §38-30-172 by the undersigned on behalf of: 883 MOORE LLC. 6. This Statement of Authority amends, supercedes and replaces in all respects any prior Statement of Authority given by 883 MOORE LLC. 7. The undersigned intends and understands that the representations contained in this Statement of Authority will be relied upon by third -parties, expressly including but not limited to Attorneys Title Insurance Agency of Aspen, LLC, relating to the purchase of the above described real property. 883 MOO , a Colorado ' liability company Ke eth R Stiller, Wanager State of Colorado ) ) ss. County of Pitkin ) The fore o. g Statement of Authority was executed and acknowledged before me this � day of 2013, by Kenneth R. Stiller, Manager of 883 Moore LLC, a Colorado limited liability company. �..� Witness my hand and offic}a1lSeal. My commission expires. (p 2-0,b My Commission Expires February 06. 2016 RECEPTION#: 600865, 07/02/2013 at 03:55:00 PM, 1 OF 5, R $31.00 DF $180.00 Doc Code WD Janice K. Vos Caudill, Pitkin County, CO THIS DEED is dated o� �i v 2013, is 00 granted and made by and between LOif li FIVE TREES, LLC, a Colorado limited liability company (the "Grantor") and 883 MOORE LI.C, a Colorado limited liability company, whose mailing address is: t325 Sierra Vista Drive, Aspen, Colorado 81611 (the "Grantee"). WITNESS, that the Grantor, for and in consideration of the sum of One Million, Eight -Hundred Thousand and oo/Zoo U.S. Dollars ($1,800,000.00) and other good andvaluable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells, conveys and confirms unto the Grantee and the Grantee's successors and assigns forever, all the real property, together with any improvements thereon, located in Pitlan County, Colorado, described as: Lot 1i, Block G, THE MOORE FAMILY PUD, A PLANNED COMMUNITY, according to the Plat thereof recorded August 1o, 1998 in Plat Book 45 at Page 81; Also known as: 883 Moore Drive, Aspen, Colorado 81611. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, the reversions, remainders, rents, issues and profits thereof, and all the estate, rights, titles, interests, claims and demands whatsoever of the Grantor, 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 Grantee and the Grantee's successors and assigns forever. The Grantor, for itself and for its successors and assigns, covenants, grants, bargains, and agrees to and with the Grantee, and the Grantee's successors and assigns that at the time of the enscaling and delivery of these presents, the Grantor is well seized of the premises above conveyed; has good, sure, perfect, absolute and indefeasible estate of inheritance, in law and in fee simple; and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid; and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except taxes for 2013, not yet due and payable, and those exceptions attached as EXHI19IT A. And the Grantor shall and will WARRANT AND FOREVER DEFEND the above described premises, in the quiet and peaceable possession of the Grantee and its successors and assigns of the Grantee, against all and every person or persons claiming the whole or any part thereof. G1Te iJF AapLilt r 117 EAf0 WARRANTY DEED 883 Moore Drive Aspen, Pitlan County, Colorado Lot ii Five Trees, LLC to: 883 Moore LLC IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. Tt.� sew-J State of eaeL"ia ) ILWA ) ss. County o€4lft= ) The foregoing Warranty Deed was executed and acknowledged before me this 29"4 day of 2oi3, by Arie B. Zoller, Manager of Lot ii Five Trees, LLC, a Colorado limited liability company. Witness my hand and official seal. Piz ; 3 /�My commission expires:GJ�.I�i Notary Public OFFICIAL SEAL FNMA T WALL "Otoy powe • Stag of 1 "- A My Cof ff"08 EXPkft Doe 11, 20I6 IVIHn i h i 1'd CITY Ut- iv COMMUNITY DEVELOPMENT Page 2 of 2 EXHIBIT A 1. Right of the proprietor of a vein or lode to extract and remove his are therefrom, should the same be found to intersect the premises hereby granted, as reserved in the United States Patent dated April 17, 1889, and recorded May 7, 189o, in Book 55 at Page 9, as Reception No. 036127. 2. Right of the proprietor of a vein or lode to extract and remove his are therefrom, should the same be found to intersect the premises hereby granted, as reserved in the United States Patent dated October 24, 1831, and recorded January 19, 1892, in Book 55 at Page 2o, as Reception No. 045510. 3. Right of the proprietor of a vein or lode to extract and remove his are therefrom, should the same be found to intersect the premises hereby granted, as reserved in the United States Patent dated June 29, i8gi, and recorded November 29, 1892, in Book 55 at Page 34, as Reception No. 050131. 4. Right of the proprietor of a vein or lode to extract and remove his are therefrom, should the same be found to intersect the premises hereby granted as reserved in the United States Patent dated April 3, 1896, and recorded August 26, 1911, in Book 55 at Page 191, as Reception No. 074888. 5. Terms, conditions, provisions, agreements and obligations specified under the Resolution of the Board of County Commissioners of Pitkin County, Colorado, Regarding the Disposition of the Moore Subdivision Application that is in Process When The Revised Growth Management Regulations of The Pitkin County Land Use Code Are Adopted (Resolution No. 95-9) dated January 1o,1995, and recorded February 15,1995, in Book 174 at Page 50, as Reception No. 379oo2, and re -recorded March 16,1995, in Book 716 at Page 416, as Reception No. 379776. 6. Terms, conditions, provisions, agreements and obligations specified under the Resolution of the Board of County Commissioners of Pitkin County, Colorado, Awarding the 1994 Metro Residential Growth Management Allocations (Resolution No. 95-113) dated September 27,1995, and recorded October 27, 1995, in Book 797 at Page 922, as Reception No. 386826. 7. Terms, conditions, provisions, agreements and obligations specified under the Resolution of the Board of County Commissioners of Pitkin County, Colorado Granting General Submission I Planned Unit Development, Special Review and 1o41 Environmental Hazard Review Approvals, and Awarding the 1993 Metro Residential Growth Management Allotments for the James E. Moore Family PUD Project Located Adjacent to the Aspen Public School Campus (Resolution No. 95-3o) dated February 28, 1995, and recorded November 9,1996, in Book 799 at Page 15o, as Reception No. 387186, and re -recorded October 25,1996, as Reception No. 398334. 8. Terms, conditions, provisions. agreements and obligations specified under the Resolution of the Board of County Commissioners of Pitkin County, Colorado Granting Detailed Submission, Planned Unit Development, Subdivision, Special Review Ridgeline Review, Growth Management Quota System Exemption, and 1041 Environmental Hazard Review Approvals for the James E. Moore Family Partnership Project Located Adjacent to The Aspen Public School Campus (Resolution No. 97-75) dated Apn12,1997, and recorded May 8,1997, as Reception No. 404234. 9. Terms, conditions, provisions, agreements and obligations specified under the Ordinance of the Board of County Commissioners of Pitkin County, Colorado Granting Approval of the Rezoning from AFR-2 and AFR-IO to AFR-1 for Portions of the Moore Property Located Adjacent to the Aspen Public School Campus and Amending the Official County Zoning Maps Accordingly (Ordinance No. 97-13) dated April 2, 1997, and recorded June io, 1997, as Reception No. 4o5216. 10. Terms, conditions, provisions, agreements and obligations specified under the Resolution of the Board of County Commissioners of Pitldn County, Colorado Granting Final Plat Approval for the James E. Moore Family Partnership PUD Subdivision (Resolution No. 98-57) dated February 11, 1998, and recorded April 7,1998, as Reception No. 415352• i1. Any and all notes, easements and recitals as disclosed on the recorded Moore Family Planned Unit Development, a Planned Community Plat dated July 31, 1998, and recorded August 1o,1998, in Plat Boob 45 at Page 81, as Reception No. 420465. 12. Terms, conditions, provisions, agreements and obligations specified under the Master Declaration of Covenants, Conditions and Restrictions for Moore Family PUD, a Planned Community, Pitldn County, Colorado, recorded August io,1998, as Reception No. 420466. 13. Terms, conditions, provisions, agreements and obligations specified under the Moore Family Planned Unit Development Guide dated August 4,1998, and recorded August lo,1998, as Reception No, 420467. 14. Terms, conditions, provisions, agreements and obligations specified under the Subdivision Improvements Agreement for Moore Family PUD, a Planned Community dated August 4, 1998, and recorded August 1o,1998, as Reception No. 420468. 15. Terms, conditions, provisions, agreements and obligations specified under the Ordinance No, 2o, An Ordinance of the City Council of the City of Aspen, Colorado. Authorizing and Approving an Agreement for the Extraterritorial Extension and Delivery of Municipal Water Services to the James E. Moore Family Partnership LLLP (Series of 1997) dated June 9, 1997, and recorded August 11, 1998, as Reception No. 420479. 16. Terms, conditions, provisions, agreements and obligations specified under the Resolution No. 40 (Series of 1998) A Resolution of the City Council of the City of Aspen, Colorado, Authorizing Execution of the "Agreement for Water Service Agreement" Relating to the Extension of Water Service to the James E. Moore Family Partnership LLLP Property dated May 11, 1998, and recorded August 11, 1998, as Reception No. 420480. 17. Terms, conditions, provisions, agreements and obligations specified under the Easement Agreement dated August 1o, 1998, and recorded August 11, 1998, as Reception No. 420477. 18. Terms, conditions, provisions, agreements and obligations specified under the City of Aspen Easement Agreement dated August 1o, 1998, and recorded August 11, 1998, as Reception No. 420478. 19. Terms, conditions, provisions, agreements and obligations specified under the Ordinance No, 2o, An Ordinance of the City Council of the City of Aspen, Colorado. Authorizing and Approving an Agreement for the Extraterritorial Extension and Delivery of Municipal Water Services to the James E. Moore Family Partnership 1.1.1 (Series of 1997) dated June 9, 1997, and recorded August 11, 1998, as Reception No. 420479• 20. Terms, conditions, provisions, agreements and obligations specified under the City of Aspen Water Service Agreement (New Development) dated August 1o, 1998, and recorded August 11. 1998, as Reception No. 420481, and City of Aspen First Addendum to Water Service Agreement dated August 1o, 1998, and recorded August 11, 1998, as Reception No. 420482. 21. Terms, conditions, provisions, agreements and obligations specified under the City of Aspen Raw Water Agreement dated August io. 1998, and recorded August 11, 1998, as Reception No. 420485, 22. Terms, conditions, provisions, agreements and obligations specified under the City of Aspen Pretapping Agreement (Property Located Outside City Limits) dated August 1o,19gs, and recorded August 11, 1998, as Reception No. 420486. 23• Terms, conditions, provisions, agreements and obligations specified under the Collection System Agreement dated August 4, 1998, and recorded August i1, 1998, as Reception No, 420487. 24. Terms, conditions, provisions, agreements and obligations specified under the Aspen Consolidated Sanitation District Preconnection Agreement dated August io,1998, and recorded August 11, 1998, as Reception No, 420488. 25. Terms, conditions, provisions, agreements and obligations specified under the Designation of Successor and Assign dated August io,1998, and recorded August 11, 1998, as Reception No, 420552. 26. Terms, conditions, provisions, agreements and obligations specified under the Trench, Conduit and Vault Agreement dated December 29, 1998, and recorded January 11, 1999, as Reception No. 42642o. 27. Reservation of all mineral rights as set forth in the Warranty Deed dated July 9,1999, and recorded July 12,199g, as Reception No. 433233• 28. Terms, conditions, provisions, agreements and obligations specified under the Agreement dated January 26, 1999, and recorded February 8,1999, as Reception No. 427473, and Sid Life and Ski Trail Use Agreement dated January 26,1999, and recorded February 8,1-999, as Reception No. 427474, and Ski Life and Ski Trail Use Agreement dated December 7, 1998, and recorded February 8,1999, as Reception No. 427475, and Ski Lift and Ski Trail Use Agreement dated November 20,1998, and recorded February 8,19g9, as Reception No. 427476, and Ski Life and Sid Trail Use Agreement dated January 26, 1999, and recorded February 8, 3999, as Reception No. 427477, 29. Terms, conditions, provisions, agreements and obligations specified under An Ordinance of the City Council of the City of Aspen, Colorado, Approving the Annexation of Certain Territory to the City of Aspen, Colorado, to be Known and Designated as the "Moore Family PUD" Annexation (Ordinance No. 24 - Series of 1999) dated June 14,1999, and recorded July 14,1999, as Reception No, 433361. 30. Any and all notes, easements and recitals as disclosed on the recorded Moore No. 1 Annexation Plat recorded July 14, 1999, in Plat Book 5o at Page 44, as Reception No. 433362. ACEIVED MAR 282014 CI I Y 0r ASPEN COMMUNITY DEVELOPMENT Attorneys Title Insurance Agency of Aspen, LLC 715 West Main Street, Suite 305 Aspen, Colorado 81611 August 1, 2013 883 Moore LLC c/o genshaft cramer llp REC 71VED Attn: Ben Genshaft 420 East Main Street, Suite 200 �J'�'� ?0 4 Aspen, Colorado 81611 CITY OF ASPEN Re: 883 Moore Drive, Aspen, Colorado 81611. COMMUNITY DEVELOPMENT Dear Sirs: We are pleased to deliver the Owner's Title Insurance Policy issued for 883 Moore Drive. This policy is a valuable document and should be kept in a secure place. It protects the insured from a variety of title risks. The policy can even protect the insured after they no longer have an interest in the property. We have reviewed the policy for completeness and accuracy. However, you should also review the policy and ensure that all the information is correct. Contact us in the event that any error or omission is found so that we can correct the policy. Thank you very much for giving Attorneys Title Insurance Agency of Aspen, LLC, the opportunity to be of service. I look forward to working with you in the future. Sincerely, Attorneys Title Insurance Agency of Aspen, LLC By: Winter Van Alstine Telephone (970) 925-7328 A A e Facsimile (970) 925-7348 Owner's Policy Owner's Policy of Title Insurance First American Title Insurance Company POLICY NUMBER 5011408-0009061e Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. (Covered Risks Continued on Page 2) In Witness Whereof, First American Title Insurance Company has caused its corporate name to be hereunto affixed by its authorized officers as of Date of Policy shown in Schedule A. First American Title Insurance Company For Reference: �r Q File #: 13003099 �A\SLE INSU9,,,r/ism•+-�. Loan #: 0260959701 Q ORP Oqq . y� 4, Dennis J. Gilmore Issued BY: President Attorney's Title Insurance Agency of Aspen, LLC i r SEPTEMBER 24, 3 dam'. 1968 / 715 West Main Street, Suite 305 Aspen, CO 81611 "41 IF 0104 . Timothy Kemp Secretary (This Policy is valid only when Schedules A and B are attached) This Jacket was created electronically and constitutes an original document ANTIFRAUD STATEMENT: 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, denial of Insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies. This anti -fraud statement is affixed to and made a part of this policy. Copyright 2006-2009 American Land Title Association. All rights reserved.The use of this form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 5011408 (11-1-10) Page 1 of 5 ALTA Owner's Policy of Title Insurance (6-17-06) Colorado Policy # : 5011408-0009061 e COVERED RISKS (Continued) 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or B. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy. (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. Form 5011408 (11-1-10) Page 2 of 5 ALTA Owner's Policy of Title Insurance (6-17-06) Colorado Policy # : 5011408-0009061e CONDITIONS DEFINITION OF TERMS The following terms when used in this policy mean: (a) "Amount of Insurance": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b), or decreased by Sections 10 and 11 of these Conditions. (b) "Date of Policy": The date designated as "Date of Policy" in Schedule A. (c) "Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity. (d) "Insured": The Insured named in Schedule A. (i) The term "Insured" also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (B) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying theTitle (1) if the stock, shares, memberships, or other equity interests of the grantee are wholly -owned by the named Insured, (2) if the grantee wholly owns the named Insured, (3) if the grantee is wholly -owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly - owned by the same person or Entity, or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to (A), (B), (C), and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Claimant": An Insured claiming loss or damage. (f) "Knowledge" or "Known": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g) "Land": The land described in Schedule A, and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage": Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law. (i) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. Q) "Title": The estate or interest described in Schedule A. (k) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (1) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall stale, to the extent possible, the basis of calculating the amount of the loss or damage. 5. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. Form 5011408 (11-1-10) Page 3 of 5 ALTA Owner's Policy of Title Insurance (6-17-06) Colorado Policy # : 5011408-0009061 e (b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. CONDITIONS (Continued) 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant, (i) To pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or (ii) To pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance; or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured, (1) the Amount of Insurance shall be increased by 10%, an (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. Form 5011408 (11-1-10) Page 4 of 5 ALTA Owner's Policy of Title Insurance (6-17-06) Colorado Policy # : 5011408-0009061 e CONDITIONS (Continued) 9. 10. 11 12. 13 14. LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. ARBITRATION Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured. All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. 6 #BILITY In the event any provision of this policy, in whole or in part, is held o valid or unenforceable under applicable law, the policy shall be deemed not to Intlude that provision or such part held to be invalid, but aff other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at First American Title Insurance Company, Attn: Claims National Intake Center,1 First American Way; Santa Ana, CA 92707. Phone:888.632.1642. Form 5011408 (11 -1 - 10) Page 5 of 5 I ALTA Owner's Policy of Title Insurance (6-17-06) Colorado American Land Title Association Owner's Policy Adopted 6-17-06 SCHEDULE A Name and Address of Title Insurance Company: First American Title Insurance Co. Policy Number: 5011408-0009061 e File Number: 13003099 Address Reference: 883 Moore Drive Aspen, CO 81611 Amount of Insurance: $ 1,800,000.00 Premium: $ 3,740.00 Date of Policy: July 2, 2013 at 05:00 PM 1. Name of Insured: 883 Moore LLC, a Colorado limited liability company 2. The estate or interest in the Land that is insured by this policy is: Fee Simple 3. Title is vested in: 883 Moore LLC, a Colorado limited liability company 4. The Land referred to in this policy is described as follows: SEE EXHIBIT AATTACHED HERETO Date: July 2, 2013 Attorneys /Ti le Insurance Agency of Aspen By: X Gar . Wright, Authorized Officer or Agent Copyright 2006-2009 American Land Title Association. All rights reserved. AM E KI CAN LAND TITLE The use of this Form is restricted to ALTA licensees and ALTA members ASSOCIATION in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. (13003099.PFD/13003099/128) American Land Title Association Owner's Policy Adopted 6-17-06 First American Title Insurance Co. SCHEDULE B File Number: 13003099 Policy Number: 5011408-0009061 E EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses which arise by reason of: Any facts, rights, interests or claims which are not shown by the Public Records, but which could be ascertained by an inspection of the Land or by making inquiry of persons in possession thereof. 2. Easements, or claims of easements, not shown by the Public Records. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the Land 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 in the Public Records. 5. Any and all unpaid taxes, assessments and unredeemed tax sales. 6. Water rights, claims or title to water, whether or not the matter excepted is shown by the Public Records. 7. Taxes for the year 2013, not yet due or payable. 8. Right of the proprietor of a vein or lode to extract and remove his are therefrom, should the same be found to intersect the premises hereby granted, as reserved in the United States Patent dated April 17, 1889, and recorded May 7, 1890, in Book 55 at Page 9, as Reception No. 036127. 9. Right of the proprietor of a vein or lode to extract and remove his are therefrom, should the same be found to intersect the premises hereby granted, as reserved in the United States Patent dated October 24, 1831, and recorded January 19, 1892, in Book 55 at Page 20, as Reception No. 045510. 10. Right of the proprietor of a vein or lode to extract and remove his are therefrom, should the same be found to intersect the premises hereby granted, as reserved in the United States Patent dated June 29, 1891, and recorded November 29, 1892, in Book 55 at Page 34, as Reception No. 050131. 11. Right of the proprietor of a vein or lode to extract and remove his are therefrom, should the same be found to intersect the premises hereby granted as reserved in the United States Patent dated April 3, 1896, and recorded August 26, 1911, in Book 55 at Page 191, as Reception No. 074888. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION (13003099. PFD/13003099/140) American Land Title Association . Owner's Policy Adopted 6-17-06 File Number: 13003099 SCHEDULE B RECEIVES (Continued) r::.>aK 2 8 7014 CITY t Policy Number: 5011408-0009061 E COMMUNITY UEVELuPmENT 12. Terms, conditions, provisions, agreements and obligations specified under the Resolution of the Board of County Commissioners of Pitkin County, Colorado, Regarding the Disposition of the Moore Subdivision Application that is in Process When The Revised Growth Management Regulations of The Pitkin County Land Use Code Are Adopted (Resolution No. 95-9) dated January 10, 1995, and recorded February 15, 1995, in Book 174 at Page 50, as Reception No. 379002, and re -recorded March 16, 1995, in Book 716 at Page 416, as Reception No. 379776. 13. Terms, conditions, provisions, agreements and obligations specified under the Resolution of the Board of County Commissioners of Pitkin County, Colorado, Awarding the 1994 Metro Residential Growth Management Allocations (Resolution No. 95-113) dated September 27,1995, and recorded October 27, 1995, in Book 797 at Page 922, as Reception No. 386826. 14. Terms, conditions, provisions, agreements and obligations specified under the Resolution of the Board of County Commissioners of Pitkin County, Colorado Granting General Submission I Planned Unit Development, Special Review and 1041 Environmental Hazard Review Approvals, and Awarding the 1993 Metro Residential Growth Management Allotments for the James E. Moore Family PUD Project Located Adjacent to the Aspen Public School Campus (Resolution No. 95-30) dated February 28, 1995, and recorded November 9, 1995, in Book 799 at Page 150, as Reception No. 387186, and re -recorded October 25, 1996, as Reception No. 398334. 15. Terms, conditions, provisions. agreements and obligations specified under the Resolution of the Board of County Commissioners of Pitkin County, Colorado Granting Detailed Submission, Planned Unit Development, Subdivision, Special Reviewt Ridgeline Review, Growth Management Quota System Exemption, and 1041 Environmental Hazard Review Approvals for the James E. Moore Family Partnership Project Located Adjacent to The Aspen Public School Campus (Resolution No. 97-75) dated April 2, 1997, and recorded May 8,1997, as Reception No. 404234. 16. Terms, conditions, provisions, agreements and obligations specified under the Ordinance of the Board of County Commissioners of Pitkin County, Colorado Granting Approval of the Rezoning from AFR-2 and AFR-10 to AFR-I for Portions of the Moore Property Located Adjacent to the Aspen Public School Campus and Amending the Official County Zoning Maps Accordingly (Ordinance No. 97-13) dated April 2, 1997, and recorded June 10, 1997, as Reception No. 405216. 17. Terms, conditions, provisions, agreements and obligations specified under the Resolution of the Board of County Commissioners of Pitkin County, Colorado Granting Final Plat Approval for the James E. Moore Family Partnership PUD Subdivision (Resolution No. 98-57) dated February 11, 1998, and recorded April 7, 1998, as Reception No. 415352. 18. Any and all notes, easements and recitals as disclosed on the recorded Moore Family Planned Unit Development, a Planned Community Plat dated July 31, 1998, and recorded August 10, 1998, in Plat Book 45 at Page 81, as Reception No. 420465. Copyright 2006-2009 American Land Title Association. All rights reserved. AMERICAN LAND TITLE The use of this Form is restricted to ALTA licensees and ALTA members ASSOCIATION in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ry (13003099.PFD/13003099/140) American Land Title Association SCHEDULE B (Continued) File Number: 13003099 Owner's Policy Adopted 6-17-06 Policy Number: 5011408-0009061 E 19. Terms, conditions, provisions, agreements and obligations specified under the Master Declaration of Covenants, Conditions and Restrictions for Moore Family PUD, a Planned Community, Pitkin County, Colorado, recorded August 10, 1998, as Reception No. 420466. 20. Terms, conditions, provisions, agreements and obligations specified under the Moore Family Planned Unit Development Guide dated August 4, 1998, and recorded August 10, 1998, as Reception No. 420467. 21. Terms, conditions, provisions, agreements and obligations specified under the Subdivision Improvements Agreement for Moore Family PUD, a Planned Community dated August 4, 1998, and recorded August 10, 1998, as Reception No. 420468. 22. Terms, conditions, provisions, agreements and obligations specified under the Ordinance No, 20, An Ordinance of the City Council of the City of Aspen, Colorado. Authorizing and Approving an Agreement for the Extraterritorial Extension and Delivery of Municipal Water Services to the James E. Moore Family Partnership LLLP (Series of 1997) dated June 9, 1997, and recorded August 11, 1998, as Reception No. 420479. 23. Terms, conditions, provisions, agreements and obligations specified under the Resolution No. 40 (Series of 1998) A Resolution of the City Council of the City of Aspen, Colorado, Authorizing Execution of the "Agreement for Water Service Agreement" Relating to the Extension of Water Service to the James E. Moore Family Partnership LLLP Property dated May 11, 1998, and recorded August 11, 1998, as Reception No. 420480. 24. Terms, conditions, provisions, agreements and obligations specified under the Easement Agreement dated August 10, 1998, and recorded August 11, 1998, as Reception No. 420477. 25. Terms, conditions, provisions, agreements and obligations specified under the City of Aspen Easement Agreement dated August 10, 1998, and recorded August 11, 1998, as Reception No. 420478. 26. Terms, conditions, provisions, agreements and obligations specified under the Ordinance No, 20, An Ordinance of the City Council of the City of Aspen, Colorado. Authorizing and Approving an Agreement for the Extraterritorial Extension and Delivery of Municipal Water Services to the James E. Moore Family Partnership LLLP (Series of 1997) dated June 9, 1997, and recorded August 11, 1998, as Reception No. 420479. 27. Terms, conditions, provisions, agreements and obligations specified under the City of Aspen Water Service Agreement (New Development) dated August 10, 1998, and recorded August 11. 1998, as Reception No. 420481, and City of Aspen First Addendum to Water Service Agreement dated August 10, 1998, and recorded August 11, 1998, as Reception No. 420482. 28. Terms, conditions, provisions, agreements and obligations specified under the City of Aspen Raw Water Agreement dated August 10. 1998, and recorded August 11, 1998, as Reception No. 420485. Copyright 2006-2009 American Land Title Association. All rights reserved. � AM[RICAN LAND TITLE The use of this Form is restricted to ALTA licensees and ALTA members ASSOCIATION in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. (13003099.PFD/13003099/140) American Land Title Association Owner's Policy Adopted 6-17-06 SCHEDULE B (Continued) File Number: 13003099 Policy Number: 5011408-0009061 E 29. Terms, conditions, provisions, agreements and obligations specified under the City. of Aspen Pretapping Agreement (Property Located Outside City Limits) dated August 10, 1998, and recorded August 11, 1998, as Reception No. 420486. 30. Terms, conditions, provisions, agreements and obligations specified under the Collection System Agreement dated August 4, 1998, and recorded August 11, 1998, as Reception No. 420487. 31. Terms, conditions, provisions, agreements and obligations specified under the Aspen Consolidated Sanitation District Preconnection Agreement dated August 10, 1998, and recorded August 11, 1998, as Reception No. 420488. 32. Terms, conditions, provisions, agreements and obligations specified under the Designation of Successor and Assign dated August 10, 1998, and recorded August 11, 1998, as Reception No. 420552. 33. Terms, conditions, provisions, agreements and obligations specified under the Trench, Conduit and Vault Agreement dated December 29, 1998, and recorded January 11, 1999, as Reception No. 426420. 34. Reservation of all mineral rights as set forth in the Warranty Deed dated July 9, 1999, and recorded July 12, 1999, as Reception No. 433233. 35. Terms, conditions, provisions, agreements and obligations specified under the Agreement dated January 26, 1999, and recorded February 8, 1999, as Reception No. 427473, and Ski Life and Ski Trail Use Agreement dated January 26, 1999, and recorded February 8, 1999, as Reception No. 427474, and Ski Life and Ski Trail Use Agreement dated December 7, 1998, and recorded February 8, 1999, as Reception No. 427475, and Ski Lift and Ski Trail Use Agreement dated November 20, 1998, and recorded February 8, 1999, as Reception No. 427476, and Ski Life and Ski Trail Use Agreement dated January 26, 1999, and recorded February 8, 1999, as Reception No. 427477. 36. Terms, conditions, provisions, agreements and obligations specified under An Ordinance of the City Council of the City of Aspen, Colorado, Approving the Annexation of Certain Territory to the City of Aspen, Colorado, to be Known and Designated as the "Moore Family PUD" Annexation (Ordinance No. 24 - Series of 1999) dated June 14, 1999, and recorded July 14, 1999, as Reception No. 433361. 37. Any and all notes, easements and recitals as disclosed on the recorded Moore No. 1 Annexation Plat recorded July 14, 1999, in Plat Book 50 at Page 44, as Reception No. 433362. 38, Deed of Trust from 883 Moore LLC, a Colorado limited liability company, to the Public Trustee of Pitkin County for the benefit of Alpine Bank Aspen, to secure an indebtedness in the principal sum of $900,000.00, dated July 2, 2013, and recorded July 2, 2013, as Reception No. 600866. Copyright 2006-2009 American Land Title Association. All rights reserved. AME KI C:AN LAND TITLE The use of this Form is restricted to ALTA licensees and ALTA members ASSOCIArION in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ry (13003099. PFD/13003099/140) EXHIBIT A File Number: 13003099 Policy Number: 5011408-0009061e The Land referred to in this policy is described as follows: Lot 11, Block G. THE MOORE FAMILY PUD, A PLANNED COMMUNITY, according to the Plat thereof recorded August 10, 1998 in Plat Book 45 at Page 81, Pitkin County, Colorado. ALTA Owner's Policy Exhibit A (13003099.PF D/13003099/130) American Land Title Association Endorsement 9.1-06 (Covenants, Conditions and Restrictions - Unimproved Land - Owner's Policy) Revised 04-02-12 ENDORSEMENT Attached to Policy No. 5011408-0009061 e Issued by FIRST AMERICAN TITLE INSURANCE CO. The insurance provided by this endorsement is subject to the exclusions in Section 4 of this endorsement; and the Exclusions from Coverage, the Exceptions from Coverage contained in Schedule B, and the Conditions in the policy. For the purposes of this endorsement only, "Covenant" means a covenant, condition, limitation or restriction in a document or instrument in effect at Date of Policy. The Company insures against loss or damage sustained by the Insured by reason of: a. A violation on the Land at Date of Policy of an enforceable Covenant, unless an exception in Schedule B of the policy identifies the violation; or b. A notice of a violation, recorded in the Public Records at Date of Policy, of an enforceable Covenant relating to environmental protection describing any part of the Land and referring to that Covenant, but only to the extent of the violation of the Covenant referred to in that notice, unless an exception in Schedule B of the policy identifies the notice of the violation. This endorsement does not insure against loss or damage (and the Company will not pay costs, attorneys' fees, or expenses) resulting from: a. any Covenant contained in an instrument creating a lease; b. any Covenant relating to obligations of any type to perform maintenance, repair, or remediation on the Land; or C. except as provided in Section 3.b., any Covenant relating to environmental protection of any kind or nature, including hazardous or toxic matters, conditions, or substances. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. REG Date: July 2, 2013 - 06 �p,�282014 Attorneys /Title Insurance Agency of Aspen ASPEN14 "�, C1,TY OF tMUN1TY p��OPMENT By: 4 T Gary A. Wright, Authorized Officer or Agent Copyright 2006-2012 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAN IJ TITLF ASSOCIATION (13003099. P F D/13003099/134) ENDORSEMENT Attached to Policy No. 5011408-0009061E Issued By FirstAmerican Title Insurance Company The Company hereby insures the insured against loss which the insured shall sustain by reason of damage to existing improvements resulting from the exercise of any right to use the surface of the land for the extraction or development of the minerals excepted from the description of the land or shown as a reservation in Schedule B. This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof. Dated: July 2, 2013 KFCFIVED CITY Of A6HEN COMMUNITY DEVELOPMENT First American Title Insurance Company By: Aut orized Signatory Colorado Form No. 100.29 (6/95) ( 13003099. PFD/ 13003099/136) ENDORSEMENT Attached to Policy No. 5011408-0009061E Issued By First American Title Insurance Company Said Policy is hereby amended by deleting paragraph 1, 2, 3 and 4 of Schedule B. This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof. Dated: July 2, 2013 RECEIVED MAR `L 8 2014 CITY OF ASPEN COMMUNITY DEVELOPMENT FirstAmerican Title Insurance Company By Authorized lgnatory Colorado Form No. 110.1(4/94) ( 13003099. PFD/13003099/137) CITY ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Sara Adams PROJECT: Five Trees/ Moore Family PUD, Lot 11 REPRESENTATIVE: Christine Shine, Bluegreen 970-429-7499 DESCRIPTION: The potential applicant would like to amend the building envelope shape on Lot 11 of the Moore Family Planned _ Unit Development (PUD). The potential applicant RFLtNED represents that the proposed change will not result in a net increase in size of the building envelope. Changing MAR 2 8 2014 the shape of the building envelope in a manner that does not change the size/area of the envelope can be COMMUNITY 9EVFLOPMENT CITY OF ASPEN approved administratively. DATE: 03.12.14 Lot 11 is part of the Five Trees/ Moore Family PUD, and a PUD amendment approval is required to modify the PUD and allow the alteration of the building envelope. Approval to apply for the amendment shall be provided by the Homeowner's Association. Relevant Land Use Code Section(s): 26.304, Common Development Review Procedures 26.445.110.A Insubstantial Amendments Review by: Staff. Public Hearing: No. Referral Agencies: Engineering ($265 per hour). Planning Fees: $1300 deposit for 4 hours (additional hours billed at $325 per hour). RECEIVED Referral Agency Fees: $265/hour. Total Deposit: $1,565. Total Number of Application Copies: 2 CI1 Y ir _,.)r'tN To apply, submit the following information: COMMUNITY DEVELOPMENT ❑ Total deposit for review of application. ❑ Proof of ownership with payment. ❑ Signed fee agreement. ❑ Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. ❑ Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. ❑ Total deposit for review of the application. ❑ 2 Copies of the complete application packet and maps. ❑ An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. ❑ Site improvement survey including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. (This requirement, or any part thereof, may be waived by the Community Development Department if the project is determined not to warrant a survey document.) ❑ A written description of the _posal and an explanation in written, grap..._,, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. ❑ Copies of prior approvals: existing conditions, recorded final plat map that depicts approved building envelope for lot 11. ❑ Applications shall be provided in paper format (number of copies noted above) as well as the text only on either of the following digital formats. ❑ Applicants are advised that building plans will be required to meet the International Building Code as adopted by the City of Aspen, the Federal Fair Housing Act, and CRS 9.5.112. Please make sure that your application submittal addresses these building -related and accessibility regulations. You may contact the Building Department at 920-5090 for additional information. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. Pitkin County Assessor Parcel Detail Information Assessor Property Search I Assessor Subset Query I Assessor Sales Search Clerk & Recorder Reception Search I Treasurer Tax Search Search GIS Map I GIS Help Basic Building Characteristics I Value Summary Parcel Detail I Value Detail I Sales Detail I Residential/Commercial Improvement Detail Owner Detail I Land Detail I Photographs Tax Account Parcel Property 2012 Mill Area Number Number Type Levy Ir 087--Ir R016775 273514111111 IL VACANT 11 45.825 Primary Owner Name and Address 883 MOORS LLC 1325 SIERRA VISTA DR SPEN, CO 81611 Additional Owner Detail Legal Description Subdivision: MOORE FAMILY PUD Block: G Lot: 11 Location EKED ARs9? CI Y ppMEW COi OWT1 f Physical Address: 883 MOORE DR ASPEN Subdivision: IMOORE FAMILY PUD Land Acres: 11.053 Land Sq Ft: 0 2013 Property Value Summary Actual Value Assessed Value Land: 1,700,00011 493,0001 Improvements: 0 0 Total: 1,700,00011 493,000 Sale Date: 6/28/2013 Sale Price: 111,800,000 Additional Sales Detail Basic Building Characteristics Number of Residential 0 Buildings: Number of Comm/Ind 0 Buildings: No Building Records Found Top of Page Assessor Database Search Options Pitkin County Home 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 Good Turns Software. THE C[Ty of ASPEN Land Use Application Determination of Completeness Date: April 2, 2014 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 0027.2014.ASLU — 833 Moore Drive, Planned Development - Insubstantial Amendment. Your Land Use Application is incomplete: 1) Proof of ownership. A current (no older than 6 months) in the form of a certificate of title, Ownership and Encumbrance report or a letter from a Colorado licensed attorney listing all owners and encumbrances on the property. 2) HOA Compliance Policy. Please complete and submit the attached form included with this letter. Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. ❑ Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Th You, ennife P elan, Deputy Director City of spen, Community Development Department For Office Use Only: Mineral Rights Notice Required Yes No—)94- GMQS Allotments Yes No� Qualifying Applications: New SPA New PUD Subdivision, SPA, or PUD (creating more than 1 additional lot) Residential Affordable Housing Commercial E.P.F. Lodging _