HomeMy WebLinkAboutLand Use Case.1431 Crystal Lake Rd 0037.2011.ASLU0037.2011.ASLU 1431 CRYSTAL LAKE ROAD STREAM MARGIN REVIEW EXEMPTION 2737 18 1 31 007 -1 9)Ca~* 1
THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0037.2011.ASLU PARCEL ID NUMBERS 2737 18 1 31 007 PROJECTS ADDRESS 1431 CRYSTAL LAKE RD PLANNER JENNIFER PHELAN CASE DESCRIPTION STREAM MARGIN REVIEW EXEMPTION REPRESENTATIVE DAVID DORR DATE OF FINAL ACTION 5.14.12 DATE OF FINAL REFUND/ CASE ABANDONED - PAYMENT CLOSED BY ANGELA SCOREY ON: 10.15.14
4- 2761- 'g- 2--3 I, 007 00 6 7 -20 tl. AS Lil/1 e.pon"AL.. Elle Edit Record Navigate Fgrm Reports Format Iab Elelp Ii@@ IX ) e 4 'i¢I li QJ€ 3 3dd. ~ i N 4 2 4 0 *I i lump 1 C (0~i 0 iG~ Ii@ e @ 3 51 0 •t:1 <3 @ 3 0 3 4:21 Routing Status | Feei |Fee SummarY ~EK~~ Actions ~ Attachments |Routing *tory |Yaluation |Arch/Eng |Custom Fields |Sub termits 4 I 4,0.....: ~ I~ ~ Permit type aslu Aspen Land Use Permit # 0037.2011 .ASLU 24.. - I ~ Address 1431 CRYSTAL LAKERD Apt/Suite I City PITKIN ~r 1 .. State F,7 Zip 99999 P- 1 -4 Permit Information %129.~ Master permit Routing queue aslu07 Applied 520t2011 Project 5tatus pending Approved ~ ~ Description STREAM MARGIN REVIEW EXEMPTION Issued i ' Final .T Submitted DAVID DORR 379 7110 clock ~JIFG-] Days [-3| Expires 5/14,2012 ;, ~| Submitted via ..... Owner *2% Last name BASS First name EDWARD P. 200 E MAIN ST *14* ASPEN CO 81611 ,·V. 8, 1;.1. Phone (970) 379-7110 Address 5,1 Appkant Il Owner is applicant? 0 Contractor is applicant? Last name JOHN OLSON BUILDER First name ,§4 Phone (970) 923-4233 Cust # 27602 Address ·i>; * Lender 3% Last name First name I 41 Phone ()- Address Displays the permit lender's address "AspenGold5 (server) angelas ~!~ 1 of 1 Ck * 0 1 '3 5-9 ~»- 735 - #D Al -2 y -FF *t '21, 6 5 9' 067(213> ON '10!nt,11 -xoq1211 10 *fl el
ATTACHMENT 2 -LAND USE APPLICATION PROJECT: Name: I931 Crys+Al Lakir Fout Dect Ek, AM,AL Location: 1431 Cryst.1 1.-ckt Reut; 5utdliv;316hz Aspe* (41'6 , Unit 3,6IA D J (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 17- 3 ¥ f 3/ 3 100=1- APPLICANT: Name: Ed worol f. BASS Address: c/D DO,A/'Cd 36{-r , 7-Ok,~ OISGv·~ Butldwd- , Inc. Phone #: (170) 3 91 - 7 1/ D REPRESENTATIVE: Name: I)Av,D DoRR-, 7-04 013(rn ED#'td.u, Inc. Address: (100 €-- frkul St. Asp«n, (6 1/611 Phone #: (994 399 -71 6 TYPE OF APPLICATION: (please check all that apply): GMQS Exemption U Conceptual PUD El Temporary Use GMQS Allotment U Final PUD (& PUD Amendment) El Text/Map Amendment Special Review U Subdivision U Conceptual SPA ESA - 8040 Greenline, Stream U Subdivision Exemption (includes U Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane El Commercial Design Review D Lot Split ~ Small Lodge Conversioni Expansion U Residential Design Variance U Lot Line Adjustment M Other: St *24», Pk. a.rg" U Conditional Use fe wic# EJ'-6•,Ap *, I ~ EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) See- 4-1+4(424 : "E-wist,ke Dick/ Dra.winl J 4 PROPOSAL: (description ofproposed buildings, uses, modifications, etc.) Re Glt.*Acket 01-ra/u,4, 1 Crf f rt> 18%€,Ol e-,6 fakiolool oltck i " Prop ord De--Ck Drowin ; ' Have you attached the following? FEES DUE: $ El Pre-Application Conference Summary ® Attachment #l, Signed Fee Agreement ~ Response to Attachment #3, Dimensional Requirements Form Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards U 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. 0008
4. CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMA~4.20 2 Agreement for Pavment of Citv of Aspen Development Application Fees - -,11€%7#~ %%304* CITY OF ASPEN (hereinafter CITY) and £3(U/Nol f A 0- 40* (hereinafter APPLICANT) AGREE AS FOLLOWS: 1, APPLICANT has submitted to CITY an application for e ye Aption €rirk. S+r€a,n, A'Uju--96, Review ·Gr- -64£. expo,nsion OC a- Sn,4(l Reck (hereinafter, THEPROJECT). a-4 /431 Crt,~stal Lake- Roccot 2. APPLICANT understands and agrees that the City of Aspen has all adopted fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty ofrecovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to enable the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ which is for hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $245.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension ofprocessing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT By: PAut b OWAAER-'i p O 12.R- j AGEwl- Chris Bendon Community Development Director Date: 9//9/lOtl Billing Address and Telephone Number: Po BoX #0147 Aspen. , C o El 61 L 4940) 349 - tllo
ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: MI / Ovt& C la kt g O *4 P€c k E-k f,/1 J'. 0,. Applicant: Ed» Brol P. Eds ,rb • C Location: /9 1 / Cn, st A / Lake Foul -- Zone District: - 7- Lot Size: IN Lot Area: (for the purposes of calculating Floor Area, Lot Area may be reduced for are'is 3-).= < within the high water mark, easements, and steep slopes. Please refer to the -11 -'- definition of Lot Area in the Municipal Code.) U & 11 Commercial net leasable: Existing: Proposed: Number ofresidential units: Existing: Proposed: Number of bedrooms: Existing: Proposed. 0 9 1+ Proposed % of demolition (Historic properties only): . 2- 3 i DIMENSIONS: 14 € 3 5 4¥ Floor Area: Existing: Allowable: Proposed: u 41 .1 Principal bldg. height: Exisdng: Allowable: Proposed: 5 d Q- ~ N < 04 4 Access. bldg. height: Existing. Allowable: Proposed: On-Site parking: Existing: Required: Proposed: i G.3 -10 4 6 % Site coverage: Existing. Required: Proposed: f fe % Open Space: Existing: Required: Proposed: 0 0) 4 Front Setback: Existing.- Required: Proposed: 01 t 1 Rear Setback: Existing: Required: Proposed: Combined F/R: Existing. Required: Proposed: ijj f Side Setback: Existing.- Required: Proposed: Ar Side Setback: Existing. Required: Proposed: 4 L Combined Sides: Existing: Required: Proposed: i L Distance Between Existing Required: Proposed: Buildings ~ 1/b 1 2 Existing non-conformities or encroachments: . Q- Variations requested: /*kg: 2 9441 9 i.p-noo@J l/f t ' ~ f J O Tl A- 0:ro :I 02 v
Land Use Application Requirements .-. Stream Margin Exemption 1-7, 8, 10, 11, 12, 35; Administrative Review; 2 Packets Submitted 1) Land Use Application Form 2) Street Address and Legal Description 3) Disclosure of Ownership 4) Vicinity Map 5) Site Improvement Survey 6) Site Plan 7) Written Description of the Proposal & Criteria for Exemption 8) Existing and Proposed Grades (no changes to grade are proposed) 10) Description of Proposed Construction Techniques 11) 100-year Floodplain 12) Elevations (no changes in elevations proposed) 35) Exterior Lighting (no changes to exterior lighting proposed)
stewart title 620 East Hopkins Avenue Aspen Division Aspen, Colorado 81611 View your transaction progress 24/7 via SureCIose. Phone: 970-925-3577 Ask us about your login today! Fax: 970-925-1384 Date: April 29, 2011 Order Number: 945749 Buyer: Seller: Edward P. Bass Property Address: 1431 Crystal Lake Road 3D, Aspen, CO 816] 1 Please direct all Closing inquiries to: Please direct all Title inquiries to: TITLE ONLY Linda Williams Phone: 970-766-0234 or 866-932-6093 Email Address: 1william3 @stewart.com SELLER: Edward P. Bass LISTING BROKER: SELLING BROKER: John Olson Builder Inc. Attn: David Dorr 200 East Main Street Phone: Aspen, Colorado 81611 Phone: (970) 923-4233 Email Address: ddorr@johnolsonbuilder.coin We Appreciate Your Business And Look Forward to Serving You in the Future.
L ALTA Commitment (6/17/06) ALTA Commitment Form COMMITMENT FOR TITLE INSURANCE Issued by F--stewart r title guaranty company Stewart Title Guaranty Company, a Texas Corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. Countersigned: 44>9.tawma Egtewart 44*0-4 title guaranty company - Senior Chairman of the Board *florized Countersignature Stewart Title . *: # -*- 40* k ;*/ db•FOR,>..Ea Aspen Division %51 1908 22# ~~ChairmanottheBoard- 620 East Hopkins Avenue -%/.0/ir/5 0 Aspen, Colorado 81611 'cu 1.ok__ Phone: 970-925-3577 President Fax: 970-925-1384 Order Number: 945749 ALTA Commitment (6/17/06) r
COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: April 21, 2011, at 7:30 A.M. Order Number: 945749 2. Policy or Policies To Be Issued: Amount of Insurance (a) A.L.T.A. Owner's (b) A.L.T.A. Loan 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the referenced estate or interest in said land is at the effective date hereof vested in: Edward P. Bass 5. The land referred to in this Commitment is described as follows: Condominium Unit D-3, Building D, THE ASPEN CLUB CONDOMINIUMS, According to the Condominium Map thereof recorded August 17,1977 in Plat Book 6 at Page 20 as Reception No. 196748 and Supplemental Map #1 recorded May 4, 199 in Plat Book 22 at Page 49 as Reception No. 311198 and Supplemental Map #2 recorded April 30,1991 in Plat Book 26 at Page 26 as Reception No. 332228, and the Amended Plat recorded April 29,1991 in Plat Book 26 at Page 25 as Reception No. 332206 and as further defined and described in the Condominium Declaration thereof recorded April 29. 1977 in Book 328 at Page 80 as Reception No. 194019 and Amendment thereto recorded August 17, 1977 in Book 333 at Page 722 as Reception No. 196747 and amendment recorded November 10, 1989 in Book 606 at Page 995 as Reception No. 317025 COUNTY OF PITKIN, STATE OF COLORADO Purported Address: Statement of Charges: 1431 Crystal Lake Road 3D These charges are due and payable before a Policy can Aspen, Colorado 81611 be issued: Cominitment Fee $125.00 Order Number: 945749 ALTA Commitment (6/17/06) - Schedule A r stewart rifle Officer: linda Williams -title guaranty company Pagel of 1
COMMITMENT FOR TITLE INSURANCE SCHEDULE B - Section 1 REQUIREMENTS Order Number: 945749 The following are the requirements to be complied with: 1. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate or interest to be insured. 2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. 3. NONE AT THIS TIME NOTE: This product is for informational purposes only. It is not a title insurance product and does not provide any form of coverage. This product is not a guarantee or assurance, and does not warrant, or otherwise insure, any condition, fact or circumstance. This product does not obligate this Company to issue any policies of title insurance for any subsequent transaction based on the information provided or involving the property described herein. This Company's sole liability for any error(s) relating to this product is limited to the amount that was paid for this product. Order Number: 945749 r stewart ALTA Commitment (6/17/06)-Schedule B 1 L-- title guaranty company Page 1 of 1
COMMITMENT FOR TITLE INSURANCE SCHEDULE B - Section 2 EXCEPTIONS Order Number: 945749 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. 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 and not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Unpatented mining claims, reservations or exceptions in patents, or in acts authorizing the issuance thereof. 7. Water rights, claims or title to water. 8. Any and all unpaid taxes and assessments and unredeemed tax sales. 9. Any and all unpaid taxes and assessments and unredeemed tax sales. 10. Any vein or lode of quartz or other rock in place bearing gold, silver cinnabar, lad, tin, copper, or other valuable deposits claimed or known to exist on March 23,1885 and right of the proprietor of a vein or lode of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, copper, or other valuable deposits for the purpose of extracting and removing the ore therefrom from such should the same be found to penetrate or intel-sect the premises, all as reserved in Patent recorded June 17,1949 in Book 175 at Page 246. 11. Agreement for Easement recorded September 25,1975 in Book 303 at Page 452 as Reception No. 178013 and Supplementary Agreement recorded July 29,1977 in Book 332 at Page 540 as Reception No. 196193. Order Number- 945749 ALTA Commitment (6/17/06) - Schedule B 2 p stewart Page 1 of 2 -title guaranty company
12. Subdivision and Planned Unit Development Agreement recorded May 19, 1976 in Book 312 at Page 110 as Reception No. 183890. 13. Easement Agreement recorded May 19, 1976 in Book 312 at Page 158 as Reception No. 183910 and Mutual Indemnity Agreement recorded May 19, 1976 in Book 312 at Page 165 as Reception No. 183911. 14. Transferable easement reserved by Andrew V. Hecht, Trustee in Deed recorded May 19, 1976 in Book 312 at Page 186 as Reception No. 183915 and described in Deed recorded May 19,1976 in Book 312 at Page 188 as Reception No. 183916 and subsequent conveyance recorded August 17, 1977 in Book 333 at Page 730, Reciprocal Easement Grant recorded May 19,1976 in Book 312 at Page 196 as Reception No. 183919. 15. All matters shown on the Plat of Callahan Subdivision and the amended plats thereof recorded May 19 1976 in Plat Book 5 at Page 7 and recorded August 17, 1977 in Plat Book 6 at Page 16. 16. Condominium Declaration record recorded April 29. 1977 in Book 328 at Page 80 as Reception No. 194019 and Amendment thereto recorded August 17,1977 in Book 333 at Page 722 as Reception No. 196747 and amendment recorded November 10,1989 in Book 606 at Page 995 as Reception No. 317025. 17. All matters shown on the Map for Aspen Club Condominiums recorded August 17,1977 in Plat Book 6 at Page 20 as Reception No. 196748 and Supplemental Map #1 recorded May 4, 1999 in Plat Book 22 at Page 49 as Reception No. 311198 and Supplemental Map #2 recorded April 30, 1991 in Plat Book 26 at Page 26 as Reception No. 332228, and the Amended Plat recorded April 29, 1991 in Plat Book 26 at Page 25 as Reception No. 332206 18. Shared Expense Agreement for Callahan Subdivision Roads and Pond recorded August 28, 1992 in Book 687 at Page 365 as Reception No. 348146 and Modi fication thereto recorded August 28, 1992 in Book 687 at Page 409 as Reception No. 348147 and recorded January 25,1993 in Book 701 at Page 741 as Reception No. 353272, Second Amendment recorded August 5,2002 as Reception No. 470608. Order Number: 945749 ALTA Commitment (6/17/06) - Schedule B 2 -stewart Page 2 of 2 L--title guaranty company
STG Privacy Notice 1 (Rev 01/26/09) Stewart Title Companies WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect. share. and protect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and its affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm-Leach-Bliley Act (GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business-to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers' personal information; the reasons that we choose to share; and whether you can limit this sharing. Reasons we can share your personal information Do we share? Can you limit this sharing? For our everyday business purposes- to process your transactions and maintain your account. This may include running the business and managing customer Yes No accounts, such as processing transactions, mailing, and auditing services, and responding to court orders and legal investigations. For our marketing purposes- to offer our products and services to you. Yes No For joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes- information about your transactions and experiences. Affiliates are companies related by common ownership or control. They can be financial and nonfinancial companies. ()lir Yes No affiliates may include companies with a Stewan name; Jinancial companies, such as Stewart Title Company For our affiliates' everyday business purposes- information about your No We don't share creditworthiness. For our affiliates to market to you Yes No For non-affiliates to market to you. Non-affiliates are companies not related by No We don't share common ownership or control. They can be financial and nonfinancial companies. We may disclose your personal information to our affiliates or to non-affiliates as permitted by law. If you request a transaction with a non-affiliate, such as a third party insurance company, we will disclose your personal information to that non-affiliate. [We do not control their subsequent use of information. and suggest you refer to their privacy notices.] Sharing practices | How often do the Stewart Title Companies We must notify you about our sharing practices when you request a transaction. 4 notify me about their practices? i .QUA How do the Stewart Title Companies To protect your personal information from unauthorized access and use, we use security protect my personal information? measures that comply with federal and state law. These measures include computer, file, and building safeguards. ~ How do the Stewart Title Companies We collect your personal information, for example, when you ~ collect my personal information? • request insurance-related services | • provide such information to us We also collect your personal information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other companies. 1 What sharing can I limit? Although federal and state law give you the right to limit sharing (e.g., opt out) in I certain instances, we do not share your personal information in those instances. Contact Us If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company, 1980 Post Oak Blvd-, Privacy Officer, Houston, Texas 77056 Order Number: 945749
DISCLOSURES Order Number: 945749 Note: Pursuant to C.R.S. 10-11-122, notice is hereby given that: A. The subject real property may be located in a special taxing district; B. A certificate of taxes due listing each taxing jurisdiction shall be obtained from the county treasurer or the county treasurer's authorized agent; C. Information regarding special districts and the boundaries of such districts may be obtained from the board of county commissioners, the county clerk and recorder, or the county assessor. Note: Colorado Division of Insurance Regulations 3-5-1, Subparagraph (7) (E) requires that "Every title entity shall be responsible for all rnatters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." Provided that Stewart Title conducts the closing of the insured transaction and iN responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner' s Title Policy and the Lender's Title Policy when issued. Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception No. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single-family residence. which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled mechanic's and Materialmen's Liens. D. The Company must receive payment of the appropriate premium. E. If there has been construction. improvements or major repairs undertaken on the property to be purchased, within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity agreements satisfactory to the company; and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to C.R.S. 10-11-123, notice is hereby given: A. That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas. other minerals, or geothermal energy in the property; and B. That such mineral estate may include the right to enter and use the property without the surface owner's permission. This notice applies to owner's policy commitments containing a mineral severance instrument exception. or exceptions, in Schedule B, Section 2. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED. Order Number: 945749 Disclc,sures
Stewart Title DISCLOSURE The title company, Stewart Title in its capacity as escrow agent, has been authorized to receive funds and disburse them when all funds received are either: (a) available for immediate withdrawal as a matter of right fi-om the financial institution in which the funds are deposited, or (b) are available for immediate withdrawal as a consequence of an agreement of a financial institution in which the funds are to be deposited or a financial institution upon which the funds are to be drawn. The title company is disclosing to you that the financial institution may provide the title company with computer accounting or auditing services, or other bank services, either directly or through a separate entity which may or may not be affiliated with the title company. This separate entity may charge the financial institution reasonable and proper compensation for these services and retain any profits there from. The title company may also receive benefits from the financial institution in the form of advantageous interest rates on loans, sometimes referred to as preferred rate loan programs, relating to loans the title company has with the financial institution. The title company shall not be liable for any interest or other charges on the earnest money and shall be under no duty to invest or reinvest funds held by it at any time. In the event that the parties to this transaction have agreed to have interest on earnest money deposit transferred to a fund established for the purpose of providing affordable housing to Colorado residents, then the earnest money shall remain in an account designated for such purpose, and the interest money shall be delivered to the title company at closing.
11 - L CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at http:Uwww.alta.org. r stewart , title guaranty company All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252. 11 r
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Land Use Application Requirement#7: Written Description of the Proposal The purpose of this written description is to outline the proposed development's conformity to the requirements for exemption from Stream Margin Review under Number 3 of Subsection B of Section 26.435.040 of the City of Aspen Land Use Code. These requirements are included for reference here: ~ From the City of Aspen Land Use Code: "Sec. 26.435.040. Stream margin review." 3. The expansion, remodeling or reconstruction of an existing development provided the following standards are met: a. The development does not add more than ten percent (10%) to the floor area of the existing structure or increase the amount Of building area exempt from floor area calculations by more than twenty-five percent (25%). All stream margin exemptions are cumulative. Once o development reaches these totals, a stream margin review by the Planning and Zoning Commission is required; and b. The development does not require the removal of any tree for which a permit would be required pursuant to Chapter 13.20 of this Code. c. The developmentislocated such that no portion ofthe expansion, remodeling or reconstruction will be any closer tothe high water line than is the existing development; d. The development does not fall outside Of an approved building envelope if one has been designated through a prior review; e. The expansion, remodeling or reconstruction will cause no increase to the amount of ground j coverage of structures within the 100-year floodplain. For each of the five (a,b,c,d, & e) requirements, an explanation is provided: a, "Floor Area" is not addressed by the Subdivision Improvements Agreement, nor by any Planned Unit Development documents for the Aspen Club Condominiums (which is the PUD in which the subject property, Unit 2-C, is a condomium). However, the Subdivision Improvements Agreement does address "gross size of buildings". Whereas the development contemplated under this Land Use Application consists solely of the expansion of an exterior deck, the "gross size of buildings" will remain unchanged. (The proposed deck area measures approximately 50 square feet; and according to a site plan takeoff, we believe there to be more than 8000 square feet of decks in the PUD.) b. The development does not require the removal of, nor does it encroach upon any tree for which a permit would be required pursuant to Chapter 13.20 of the Municipal Code. c. The proposed development is not any closer to the "high water line" than is the existing development. See 'Exhibit D: "Development Distance from High Water Line"'. d. No building envelope has been designated through prior reviews. However, 'Exhibit C: "Exhibit Map, High Water Line and Flood Zone ID may be referenced for relative locations of Building Set-Backs. The proposed deck expansion will not add deck area in any area which is further from buildings or structures than do existing decks in the immediate vicinity. e. As noted in the "Survey Notes" from 'Exhibit C: "Exhibit Map, High Water Line and Flood Zone ID'", this parcel is not situated in the 100 year flood plain.
Land Use Application Requirement #8: Existing and Proposed Grades No changes are proposed to grades. Existing grades will remain as-is. Land Use Application Requirement #10: Description of Proposed Construction Technique The proposed expanded deck would use the same means and methods employed on the existing decks at the Aspen Club Condominiums, which is typical residential deck construction. This type of construction consists of structural wood framing over a small concrete pier/sonotube foundation. Land Use Application Requirement#11: 100-year Floodplain The Exhibit Map included herein shows that the parcel on which the proposed development would occur is outside of the 100-year floodplain area. Land Use Application Requirement #12: Elevations The elevation of the proposed deck area is the same as the existing deck. No changes are proposed to the elevations of any structure or of any grade. Land Use Application Requirement #35: Exterior Lighting No new lighting and no changes to existing lighting are proposed.
•D¢I,IEtT AspenCIub Condominiums UNIT 4 1431 ASFEN CO.ORAL,O ~y~V· I .DER DICK , 222€24 -2 ,--..:RE.EYOND . 97'2011 . %'lfl, El 1,4 TA,t GUARDRA}t HANDRAll AT DECP DATE Issul I.FV SlAIEANC - 32*216:RS 14€* s.b;D GUARDI<Al, f META. GUIRDR: A .OWIR DECK -7/4,-= 1 - .ZI 71'm i te 5- * ; 4 *#14.~1 ·~1~.. 'evel> '| r *-_==1_+ -Its IF 1 / 1 1 lr.'.1.1.131 />2\ 11.-4 in>-4 t L.,0/ C 1 117.1 ..1, C=*2 f i"' 94 , V «N:, .TALES L ULL- 1 ,== 4 4 11] 11 1 1 ..1 - 1/ NEV, GATE - 4- 1 NE: .'All:45 -1 I L._-__1_ _____.~_ ~ k ' 3guir3 I i - 1 1 I -1 .tut=:S-BAIDRA,1 ON.% ''t-' 7-7777-11 ' ' U 4/. U ~ b , .' <' /#'AT|-1.4- 1- REMOVE.F./"GE 1 *r 711,<T* 1 : C . 1 ] 1 .1 6 1 : I t- NEW COARDE _ / v -4'051..... r r e I 'r TA:k'.EXIST:,16 F.All ·FLANGE· ELEMEN, . I ' ·- NE / ·r i ANAL TO'LUSH W. TH 140 EX STING RIM .10,51 TY, &HM#/W)k ,· 3~4 Ell##*W·. L 1.Ev, 1 L AN·.4 11% ' r ' 1 LOORDIN PJSTSVOHEXE"NG JOS~ S. '1 IiCAL MA.L. Li:illiN G --- i k 11 4 ....r UNIT #1429~UNIT #1431 > UN,T; 143 >1 ~ 1 PROPOSED SOUTH ELEVATION C-) 1 PROPOSED DECK PLAN h' SCALE Wk '·,CALE 11' = 1 -C EMMEW; OPTION 1 PROPOSED DECKRAILING A-104 1,-ri
I C/i/tIIS Aspen Club Condominiums UNIT # 1431 ASPEN CO-01-ADO UNIT *1431 U2;'7;'Pri bite. 4, DATE 13[ Ut i Leve; -1/2 02/210,1 Progreu UNIT *142 421 Level 0 ./ 21 1- 111 / ' -- - J VARIES 97'-0" ic 96·-10' 1 \/ \ : i 11 , TO. UPPER , TO .OWER b j r,1 1 1 DECK nc-, 5 <JOIJ·142·'I'DI~ v -1, /1 '/ 4 NJ l! 1 1 /// 0 111 - ,/4 /, 60 ! 11 1.f - P -WOOD CASED METAL FLANGES I k. I. t - WOOD RAIL t ·-- V 2 - 75- -0 \ ~ . DASHED LINE OF STRUCTURE BELOW d f V \ 84 ' ' 1 7 ~VOOD DECK -4 12 k 21...7. 1 40 15'-112 v 11'-1' I / 5,1EE 111 27-117 , EXISTING DECK UNIT #1431 ~ EXISTING DECK UNIT #1431 SCA.E 1/4" 1 1'-C A-101 ' '.1,-,1 ..3#-It /1
Closest Distaftte 56.10 sq ft Proposed Addition to Lower Deck from High Water .Lineto Existingt» 54 \,Deve/ohment 1 00 1/ . I 4 6 J 0 1p j Found 60d nail w/' bl e 9, i ~ ond orange flogging P 9 16 @ 0 42 0 «t\1 Olosest Distance Exhibit D: frorAHigh Water Distance from Line.10 Proposed High Water Line 731 ..014,/../... *161",e, 4.. p·, + .