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Land Use Case.512 Spruce St.0030.2013.ASLU
0030.2013.ASLU 512 SPRUCE ST ' RDS 2737 074 10 105 1 .1 «1330 1 0(0 R 1 f THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0030.2013.ASLU PARCEL ID NUMBERS 2737-07-4-10-015 PROJECTS ADDRESS 512 SPRUCE ST PLANNER SARA ADAMS CASE DESCRIPTION RESIDENTIAL DESIGN VARIANCE REPRESENTATIVE ROWLAND AND BROUGHTON DATE OF FINAL ACTION 04/31/2014 CLOSED BY ANGELA SCOREY ON: 3.19.15 ATTACHMENT 2-LAND USE APPLICATION Naiiie: C C g 0 +.e / 2-e s , de- rn C32 Location: (C:4 2- €f ruce- 4*r.0-et ,, Aepe.,n, 0-0 96lcoll (Indicate stieet address. lot & block number. legal djscription \#here appropriate) Parcel ID#(REQUIRED) 97 3-1 61 4-l (DCA f - APPI.Ic iNT: Name: C h n <6+7 n Cl 9 6400/ Address: 6\2 6~pruce =*-02.-2-E,, 41€)En , C_D €Un \1 Phone #: (9109 6-79 -92-32- RILI'llhEN I \TIVE: Name: rb\Al\CLAcl + bob ©*«rl arch\*c.+Uye. - 9*ca\,-t -broct~Ull-Ort Address: 2-6 4- E - 64-©~ 04 0 5 6»e ., Ac-* en , C.0 € L LD \ 1 Phone #: ( 1 -103 944 - 9 064 TWI· 01·- APPI.1(' „10\: (please che6k all that apply): E GMOS Exemption U Conceptual PUD El Temporan Use U GMQS Allotment U Final Pl]D (& PUD Amendment) E 1 ext/Mai) Amendment ~ Special Review U Subdivision D Conceptual SPA U ESA - 8040 Greenline. Stream U Subdivision Exemption (includes U Final SPA (& SPA Margin. Hallam Lake Bluff. condominiumization) Amendinent ) Mountain View Plane D Commercial Design Revie,4 C Lot Split U Small Lodge Comersion,/ Expansion [*~ Residential Design Val-lance U Lot Line Adjustilient ~ Other: 1 Conditional Use E\1%1-1,(. CO.\1)1110»;: (description of existing buildings.uses. previous approvals. etc,) A A-ubc st'bn.A~ 5,0,(*.2 ·[Axen#\(4 r·€9,\C~O ACC ©Ch Ok O,or«Q_c £04 . Excek nj heus€- to b€_ CLe.nokshid · PRopoN.al.: (description ofproposed buildings. uses. modifications. etc.) 4 V\, 9-,L.•0 4-*20 5+r 5, 03< 0 --RAnndil \re suAs- ne_g - Ha) e bou attached the following? FI· 1·.4 DI 1·.: S (p€CD ~ Pre-Application Conference Summan |21~,Attaclitneiit #1. Signed Fee Agreeinent [B>lesponse to Attachment #3. Dimensional Requirements Form E Response to Attachment #4. Slibinittal Requirements- Inclitding Written Responses to Re\ie\\ Standards U 3-D Model for large project All plans that are larger than 8.5" X 11" nuist be folded. A disk uith an electric com ofall written tnt (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application con ference summan willindicateifyou must submit a 3-D model. ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: C-1 go.v€./ 120,2-9,CU-rtc.L. Applicant: r-OL<3\ a.r--}CA * k->CDO~6¥on AcarC-*4·Ler A--1.1 r-e.'K C.-Irtr-16110 Ciale« Location: € \03- <ArA) C.1-p 62€-231. + ., fl~ye-r, % 2-8 <25 Wn \ 3 Zone District: 2-- lo - KA€ct·,urrn ~Dens A-'1 Prfa-U rrticd Lot Size: \ li. OCDO 44= Lot Area: 1 \1 c:>co «\- (fortlie purposes of Calculating Floor Area. Lot Area ma> be reduced for areas within the hig]1 iiater mark. easements. and steep slopes. Please refer to tile definition of Lot Area in the Municipal Code,) Commercial net leasable: Ext.Wing. - Proposed: - Number of residential units: Exi.wing: \ Proposed. \ Number of bedrooms: Exi.4/ing.'-- 2 Proposed: + Proposed % of demolition (Ilistoric properties only): - DIMENSIONS: Floor Area: Exis/ing. 42_3'1--Allc,11 tible, 31%0 Pvc'posed.. 3>-74-7 €·F Principal bldg. height: Exi.,1/,7,4-8/A .4/lowable.· 36 --or Proposed: _2969" Access. bldg. height: Exi.wing.' N~ .4/hm able. 4/A Proposed,. 1444-- On-Site parking: Exis/ing.~ 2 Required.~ \ P+7)14),fl'(l: _-7-__ °/4 Sile co,erage: Exi>,!ing..19/A --Required: b.4/A Prc,l)<)>,Cci. -El,+~- 9/0 Open Space: Exi.wing.- hj/A Required.- M,/A Propose£/.. N/A Front Setback: Exh/ing.- __*_C _ _.Reqi/i/~c,l 40/ Proposed: 22' Rear Setback: Exi.~/ing & 4-' Required. lor pi.~,11<),0Cd· 111~QT-- Combined F/R: Eris/ing.* 40' Required.· 70' Propo.Ned: 3'6'-CD" (NDSide Setback: Existing. O ' Required: (€- Propo.Ned: kE-to" 06)% ide Setback: Existing.* 29' Required. l€' Proposed: 97 Combined Hides: Existing.· 21 ' Required: 220' Proposed: 2695' Distance Betueen Kristing U/A Required.·._.U,/6 p}*c)1)('Ned: _b¥A t Buildings Existing non-conformities or encroachinents: 1*t··19311[3% 1 N,.cit-h 4\C~£ OF IAC-Wic . »10·00(Xey-Qi : Att V\Li<*1.but i Y <Ll l,-n-. Variations requestech C:mar cey p\0.c-uvu.-nt ) Se.an cril '240.4-\O . 04.0.G. 2-.6/) \Ob\'Un rel.ui ves 4*al ¢30Jal.5 acrovp€.cl -t~nrfA 0- ~06140 WHDJ ~·..LAS+ \02 viC£929£1 at Uast IC- 4>21,1cv~ 4 4.-Uu Atr, A- V«-094 0~c>Al O.rl €)01- luic(~ ck¥€O. ACEr~j Alu fkcad= ULL W.el.uus \- 4-kA*- 444 97<41£- \02- <sk\.=re-4 u,al·*1 444% 9011+4 Clcal.£- 4 -4.-k..9- \0:e·u %<. . rowland+broughton architecture and urban design 17 May 2013 Sara Adams City of Aspen Community Development 130 S. Galena Street Aspen, CO 81611 Re: Cleaver Residence - Residential Design Standards Variance Dear Sara, Rowland + Broughton Architecture and Urban Design is representing the homeowner of 512 Spruce Street in seeking a Residential Design Standards Variance. 512 Spruce Street is a corner lot at Spruce Street and Park Circle. The current house has been added onto over the years and is out of compliance to code and zoning in many ways. Please note that the current house is well within the northern side yard setback protruding over the property line! The owner seeks to demolish the existing house and build a smaller, more energy efficient house in its place. The proposed house is a modern farm house in form. We have worked with Community Development and the Engineering Department in determining the lot parameters. The City has determined that Spruce Street is the front lot for this parcel. Park Circle is the longer southern orientation and the existing curb cut for the driveway and garage will remain on Park Circle. The lot has multiple mature existing trees along the southern portion providing good screening from Park Circle and solar relief. The review standards relevant to this application are the Residential Design Standards portion of the Land Use Code Title 26 Aspen Municipal Code, Chapter 26.410. We are seeking an administrative variance for one item in the Residential Design Standards. We comply with all other applicable Residential Design Standards. Specifically for our variance application, the following item applies: Administrative Variance: 1. 26.410.040.C.2.b- The front fagade of the garage or the front-most supporting column of a carport shall be set back at least ten (10) feet further from the street than the front-most wall of the house. a. Please reference the attached photos of the neighboring context. This part of Aspen has a broad variety of development pattern. The streets are not on a grid and instead are curvilinear, presumably laid out with the topography. The neighborhood consists of single family homes, duplexes, manufactured homes, planned unit developments and multifamily condominiums. There are few alleys in the neighborhood. The neighborhood has a variety of garage locations or lack of garages. The majority of garages are aligned with the front fagade of the house or in front of the front fagade (including new development on Walnut Street). Page 1 of 2 rowland+broughton architecture and urban design b. The proposed house is compact and is oriented to the north of the lot. The front door faces Spruce Street and aligns with the orientation of other front doors along the street. The siting of the house has been done to preserve as much of the existing landscape and trees to the south as possible. The house is as close as possible to the northern setback and as close as possible to the drip line of the trees to the south. c. The current garage protrudes farther towards Park Circle than the side of the house. The proposed plan seeks to makes this condition better. d. The proposed garage location matches the pattern of development in the area. Many of the adjacent homes do not recess garages behind the front most portions of the house. e. The proposed design includes an area to be able to turn around off of the driveway so that drivers can avoid backing into Park Circle. Thank you for the opportunity to present this project and we welcome any conversation or questions regarding this application. Best regards, Sarah Broughton, AIA Page 2 of 2 . 1 ..a. HealthS a fe ..........1 1.4 - / Inspectlogs "Ellit 13 ..6, - .1... P 94 , .. 1. . 1 I . *...r -.-$pa 4 .. ... f 22; b .- . L 4 4 4 31' C *, . ti. - 1.- er£ 1/670///1 6 % . 7 i *- . . 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A D. .. .... :. 4 ... .. . ... . . 0 THE AREA SOUTH OF PARK CIRCLE CONSISTS OF MANUFACTURED HOMES WHERE THE GARAGES ARE LOCATED ON THE FRONT FACADE OF THE HOUSE J i,' 61:744 t 1., A j ' 1 , i. ,~f.,t •Ir.~Q:'1 i. \1 2 l. R & I .4 1 1. i V. / , - /06 , - 41 21· i £ 0,«I -i * 33. - €111__>~~El~ Aw g a f/- l .. j,~,_ u,.._ --*//- 1 1 y.1 - · n 1 /12· a , 1 4 1 1 \ .4 -0. I ' l . .lv - f~:~ '. . W » 91 -14 , g + 1,0 . 1 : .1 1 - 'e - f lit.*=2 - '- -.-t ~~-· -1~~4£1~:c~~'~~ ~ . -1 71- 11*Wry 1 -*. 4.- I ....4 V au... Ammt) ---77/- 7- *K- I -;262-99/k A- -- ~74 .44£ 2-2-f 1#3595-* - - Dc -0,20131 74-1 1-11 COMMUNIT) Dn'ELOPMENT DEP.\RT11 ENT .. Agreement to Pay Application Fees An agreement between the City of Aspen C City") and Property Phone Non (9103 579-92 32- Owner CID: C.-.A n 9+Yn (36. c..ft Email: ek nsl-7 n . cUovfifl(un,519+. ruiA Address of 512 Spruce Street Billing 61 2 Spruce. 9-re-2:4- Property Address: A.9 e..,9 1 CLD 9& 1 UP \ \ (subject of (send bills here) application) I understand that the City has adopted, via Ordinance No., Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees. I agree to pay the following fees for the services indicated I understand that these flat fees are non-refundable. o III Select Dept $ 1-1 flat fee for Select Dept O I -1 $ 1,0-1 flat fee for . 0 1-1 Select Review $ 1-1 flat fee for Select Dept 0 KI $ 1-1 flat fee for For deposit cases only The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application 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 considerabon, 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 l 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, 1 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. $650 2 deposit for hours of Community Development Department staff time Additional time above the deposit amount will be billed at $325 per hour $ ~ deposit for 0 hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $265 per hour City of Aspen: Property Owner: (2*4)%3*#P: 97 (p C j:/05/J, ( units Dencon U- Community Development Director Namt-,£64·U Title: [Boss City Use: 650 Fees Due: $ Received: $ Januar\. 20 1 3 Cii> 01',·\>ren I .:t f S. c I.]1.·11:1 Xi. 1 070 1 421)-5111){) COMMUNITY DEVELOPMENT DEPARTMENT .. Agreement to Pay Application Fees An agreement between the City of Aspen ("City") and R c CEIVED Property Phone No.: Owner ("I"): Email: 8 1' 2 i 7013 Address of 512 Spruce Street Billing Cll ¥ OF ASPEN Property: Address: COMMUNITY DEVELOPMENT (subject of (send bills here) application) I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. 0 III Select Dept $ 1-1 flat fee for Select Dept 0 1 -1 $ 6-1 flat fee for _ 0 1-1 $ LI flat fee for Select Dept O 1 -1 Select Review $ LIflat fee for For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. 1 understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. 650 2 $ deposit for hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325 per hour. $ ~ deposit for 0 hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $265 per hour. City of Aspen: Property Owner: Chris Bendon Community Development Director Nam~-SUM- L-36-- Title: CROSS City Use: 650 Fees Due: $ Received: $ Januan. 2013 Cit> of.-\>pen ! 130 S. Galetia St. I (970) 920-5000 RECEIVED %93 rowland+broughton 4*' architecture and urban design co~.17¥ 2 1 2013 %- E TRANSMITTAL 4442&7 70©32,06. -VELOPMENT Project: 512 Spruce Street, Parcel # 273707410015 Subject: Administrative Residential Design Variance Date: 20 May 2013 To: Sara Adams From: Marina Skiles Via: Hand Attachments: See Below If you do not receive all attachments listed above please call immediately. Attachments: • Pre-application Summary 5.14.2013 • Land Use Application, signed fee agreement, representative authorization letter • Street address and legal description - Ref. Site Improvement Survey & Site Plan • Disclosure of ownership - Ref. Commitment for Title Insurance • (2)8 M"xll"Vicinity maps • (2) Site improvement surveys • (2) Site plans • (2) Written descriptions of the proposal & supporting images • (2) Proposed elevations • (2) Roof plans • (2) Photographic panoramas Page 1 of 1 online m ice@rowlandbroughton om deliver sjurSLS:,26n~Fnene~37813365 1 752723®77%92 f 75233&395 3 s p en 4 e hopkins avenue. CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Sara Adams, 429-2778 DATE: 5/14/2013 PROJECT: 512 Spruce Street REPRESENTATIVE: Marina Skiles, Rowland + Broughton Architecture and Planning REQUEST: Residential Design Standard (RDS) Variance DESCRIPTION: The applicant requests administrative residential design variances for a garage. The property is being redeveloped with a new single family residence. There is no alley access. According to the applicant, the Engineering Department affirmed that location of the existing curb cut on Park may remain. The variance requests relate to garage placement and Section 26.410.040.C.2.b, which requires that garages accessed from a public road must be recessed at least 10' behind the front most portion of living area along that fagade. Staff will accept an application for administrative review. The following two criteria are used in determining the appropriateness of a variance: a. Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the particular standard. In evaluating the context as it is used in the criteria, the reviewing board may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting or a broader vicinity as the board feels is necessary to determine if the exception is warranted; or b. Be clearly necessary for reasons of fairness related to unusual site-specific constraints. If staff cannot support administrative approval, application can be made to the Planning and Zoning Commission. Below are links to the Land Use Application form and Land Use Code for your convenience: Land Use App: http://www.aspenpitkin.com/Departments/Community-Deve lopment/P la nni nq-and- Zoning/Applications-and-Fees/ Land Use Code: http://www. aspenp itki n. com/Departments/Com mun itv-Development/P la nni nq-a nd-Zon i nq/Title-26- Land-Use-Code/ Relevant Land Use Code Section(s): 26.306 Common Development Review Procedures 26.410 Residential Design Standards Review by: Community Development for determination. 512 Spruce St. Residential Design Standards Variance Public Hearing: Not required Planning Fees: $650 flat fee for two (2) hours of work. If the application is required to go to the Planning and Zoning Commission for review, all time beyond two (2) hours of work will be billed at $325 an hour. To apply, submit the following information: Il Completed Land Use Application and signed fee agreement. Il Pre-application Conference Summary. Il 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. Il 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. El Total deposit for review of the application. O A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. 0 2 Copies of the complete application packet and, if applicable, associated drawings. Il An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. 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. I- :JA A y owland+ roughton :f{:hirt'Ch;fo and wfban dls•gn 20 May 2013 City of Aspen Communrty Development 130 S. Galena Street Aspen, CO 81611 Re: Cleaver Residence - Applicant Representative Authorization Letter 56 0 /0- 5 2 To whom it may concern. -- I authorize Rowland + Broughton Architecture to represent me in seeking a Residential Design 6 3 Standards Variance for 512 Spruce Street 3 Rect regards. -4 3«_ C~.1_ = <W h 0 Chnstin Cleaver * Plar, 1 ,-0 1 ·; 7.\~, fi<)11f'Pimit,111 fun r om u 1, I,li„, corn 0 1•t,i.*+11'..191!//l"t •*.•1)1'll 1 U Ol 1 1 5,1,1 344 ··fullf) , V :1•1-1 j4 d .$ 4 Ill'11:'fit to stewart title View your transaction progress 24/7 via SureCIose. Ask us about your login today! Date: May 16,2013 File Number: 01330-25552 Buyer: TBD Seller: Christin Clark Cleaver Property: 512 Spruce Street, Aspen, CO 81611 Please direct all Title inquiries to: Linda Williams Phone: (970) 766-0234 Email Address: Iwilliam3@stewart.com We Appreciate Your Business and Look Forward to Serving You in the Future. ALTA Commitment (6/17/06) ALTA Commitment Form COMMITMENT FOR TITLE INSURANCE Issued by STEWART 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 affixed by its duly authorized officers on the date shown in Schedule A. Countersigned by stewart n r) title guaranty company //0¥L , - Matt Morris *f;orized Countersignature President and CEO <~,1 LE Ge,\ Stewart Title /7 'P..00 gj 97 Main Street, Suite W201 := 8-*-9 01 Edwards, CO 81632 7 1908 Pi VE x As / ........ Denise Carraux Secretary Copyright 2006-2009 American Land Title Association. All rights reserved. - 1 45 1 Eli 'I, r The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use I ./ 1, lilli All other uses are prohibited Reprinted under license from the American Land Title Association. "'ll I./'N File No. 01330-25552 004-UN ALTA Commitment (6/17/06) 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. 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 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 exdusive remedy of the parties. You may review a copy of the arbitration rules at< http.//www.alta.ora/>. 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. Copyright 2006-2009 American Land Title Association. All rights reserved. - 4'11 kli AN The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use 1.'1, lilli All other uses are prohibited Reprinted under license from the American Land Title Association. I"/, 1/tlt)/ File No. 01330-25552 004-UN ALTA Commitment (6/17/06) COMMITMENT FOR TITLE INSURANCE SCHEDULEA File No.: 01330-25552 1. Effective Date: April 29, 2013 at 8:00 A.M. 2. Policy or Policies to be issued: Amount of Insurance (a) A. L.T.A. Owner's Policy 2006 (Standard) Proposed Insured: TBD (b) A.L.T.A. Loan Policy Proposed Insured: 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 said estate or interest in said land is at the effective date hereof vested in: Christin Clark Cleaver 5. The land referred to in this Commitment is described as follows: Lots 7 and 8 and the Northerly 28 feet of Lot 9, Block 10, WILLIAMS ADDITION TO THE CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN STATE OF COLORADO. Purported Address: STATEMENT OF CHARGES 512 Spruce Street These charges are due and payable Aspen, CO 81611 before a policy can be issued TITLE COMMITMENT FEE $100.00 Copyright 2006-2009 American Land Title Association. All rights reserved. ......... IMI'l,N The use of this Form Is restricted to ALTA licensees and ALTA members in good standing as of the date of use LA % 1, lin i All other uses are prohibited Reprinted under license from the American Land Title Association File No. 01330-25552 Page 1 of 1 STEWART TITLE CO STG ALTA Commitment Sch A STO GUARANTY COMPANY .r.= CON„viITMENT FOR TITLE INSURANCE SCHEDULE B PARTI File No.: 01330-25552 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. 4. NONE AT THIS TIME 5. 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. 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. ..0.1,/. IA•14 Tl¥11 All other uses are prohibited Reprinted under license from the American Land Title Association .•i•ILLU... File No. 01330-25552 Page 1 of 1 STEWART TITLE CO STG ALTA Commitment Sch B I GUARANTY COMPANY ,= CON Ilvl ITMENT FOR TITLE INSURANCE SCHEDULE B PART 11 File No.: 01330-25552 Schedule B of the policy or policies to be issued will contain exceptions to the following matters 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 but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 6 (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) Minerals of whatsoever kind, subsurface and surface substances, in, on, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records or listed in Schedule B. 7. Water rights, claims or title to water. 8. Any and all unpaid taxes and assessments and any unredeemed tax sales. 9. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 10. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded December 24, 1902 in Book 55 at Page 116 as Reception No. 67875. 11, Ordinance No. 57 (Series of 1988) An Ordinance Annexing Territory to the City of Aspen as Referred to and Described in that Petition for Annexation of Territory to the City of Aspen Certified by the City Clerk on July 28, 1986, Commonly Known as the "Williams Addition" as set forth in instrument recorded February 6,1989 in Book 585 at Page 330 as Reception No. 308587. 12. Ordinance No. 12 (Series of 1989) An Ordinance Zoning an Area of Land Known as the Williams Addition Annexation Area Generally Located Northwest of Park Circle, the City of Aspen, Pitkin County, Colorado to R-6, as set forth in instrument recorded January 10, 1990 in Book 611 at Page 602 as Reception No. 318970. 13. Williams Ranch-City of Aspen Annexation Agreement as set forth in instrument recorded May 9,1995 in Book 780 at Page 370 as Reception No. 381193. 14, Easements, rights of way and other matters as shown and contained on Williams Addition Annexation Plat recorded February 6, 1989 in Plat Book 22 at Page 15 as Reception No. 308586. Copyright 2006-2009 American Land Title Association. Att rights reserved. Ill.Ii./. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use 46'16..4 ./1,1.1, All other uses are prohibited Reprinted under license from the American Land Title Association File No. 01330-25552 Page 1 of 2 STEWART TITLE rit CO STG ALTA Commitment Sch B 11 STO GUARANTY COMPANY CON„viITMENT FOR TITLE INSURANCE SCHEDULE B PARTII 15. Resolution No. 99-27 of the Aspen Planning and Zoning Commission, recommending City Council approve a substantial amendment to the Williams Ranch Planned Unit Development approvals granted pursuant to Ordinance 52, Series of 1994, recorded February 11,2000 as Reception No. 440391. 16. House Encroachment as shown on Survey by Aspen Survey Engineers, Inc., recorded September 22, 1999 in Plat Book S003 at Page 91 as Reception No. S000274. and as shown on the Quit Claim Deed recorded April 30,2004 as Reception No. 497026 17. PUD Agreement recorded November 13, 2000 as Reception No. 448750. 18. A Deed of Trust executed by Christin Clark Cleaver, to the Public Trustee, to secure an indebtedness of $1,000,000.00 in favor of The Laird C. Cleaver Issue Trust recorded April 30,2004 as Reception No. 497027. Copyright 2006-2009 American Land Title Association. All rights reserved. - IMI//t f The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use Ail other uses are prohibited Reprinted under license from the American Land Title Association ...0,6...U• File No. 01330-25552 Page 2 of 2 STEWART TITLE CO STG ALTA Commitment Sch B 11 STO GUARANTY COMPANY f.- DISCLOSURES File No. 01330-25552 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 matters 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 is 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. To comply with the provisions of C.R.S. 10-11-123, the Company makes the following disclosure: 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. NOTE: THIS DISCLOSURE APPLIES ONLY IF SCHEDULE B, SECTION 2 OF THE TITLE COMMITMENT HEREIN INCLUDES AN EXCEPTION FOR SEVERED MINERALS. 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. File No.: 01330-25552 CO Commitment Disclosure 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 Yes No customer 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 compan es related by common ownership or control. They can be financial and non-financial companies. Our Yes No affiliates may include companies with a Stewart name; financial 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 non-financial 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. notify me about their practices? How do the Stewart Title Companies To protect your personal information from unauthorized access and use, we use protect my personal information? security 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. What sharing can I limit? Although federal and state law give you the right to limit sharing (e.g., opt out) in 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 File Non 01330-25552 Page 1 of 1