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HomeMy WebLinkAboutLandUseCase.CR.517 Park Cir.0052.2005.ASLU517 Park Cir Pitkin Cty Referral --t73707401016/400856 Case 0052.2005.ASL`�' C cl City of Aspen Community Development Dept. CASE NUMBER 0052.2005.ASLU PARCEL ID NUMBER 2737-07-4-01-016 PROJECT ADDRESS 517 PARK CIR PLANNER JOYCE ALLGAIER CASE DESCRIPTION Subdivision Exemption for Lot Line Case P138-05 REPRESENTATIVE Suzanne Wolf 920-5093 DATE OF FINAL ACTION 8/2/2006 12:0( CLOSED BY Denise Driscoll ONE � :02103!2006 16:51 ■. TO FROM: === COVER PAGDE === r'r',LL CASH BLI''r' ER FAX: 13032840974 TEL: 13032-1.8 406 _ 6 COMMENT: : CASH BUYER OF REAL ESTATE i • File Edit Record Navigate FQrm Reports Format Tab Help Module Heir 13 1 �> rfil �9 ni Cigar Conditions Sub Permits Valuation PL& Comment I Attachments i Man I Routing Status f Arch/Enq Parcels Custom Fields Feel 1 Fee Summary ; Actions I Routing History Perr�t Type asM 3A4pen Land Use 2004 _ Per # 0052 MASW A Address J517 PARK CIR Apt/Suite City JASPEN StateiCO _�I Zip OEM Permit Information Master Perrrit F— Routing queue iaslu Applied 06/20/2005 Project PITKIN COUNTY REFERRAL �_.__ Status jW-WV Approved I.__ Description Subdivision Exemption for Lot Line Issued L Final Submitted JSuzanne Wolf 920-5093 Clock 1Runnng Days r 0 EOes 1005rZOO6 F Visible on the "b3 Permit ID: 1 34650 Owner Las' Name IPITKJN COUNTY COMMU J Fx*Namel 130 S GALENA ST Phone (970) 920.5526 ASPEN CO 81611 v Enter the permit type code View Record: 2 of 2 0 Case: m Case: 9a- �m� City Planners Billable Hours on Case Load _ . p��� :7m&n _ s '®' - i .!. . 00_ mm 1001100 ENIIINNIE EEIIIEE Case: 7 Case: . _ �_MINE mm MINE INEENI PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 MEMORANDUM TO: City of Aspen Planning FROM: Suzanne Wolff, Community Development Department RE: Wagar/Pitkin County Subdivision Exemption for Lot Line Adjustment and Minor Plat Amendment (PID 2737-074-01-016 & 2737-07-400-856; Case P138-05) DATE: June 17, 2005 Attached for your review and comments are materials for an application submitted by Rich Wagar. The Pitkin County Community Development Director will review the application. Please return your comments to me by Friday, July 8, 2005. PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM. Thank you. APPLICATION Wagar/Pitkin County Subdivision Exemption 10 June 2005 Applicant: Rich Wagar & Pitkin County Location: Park Circle, across from Smuggler Road An application for Subdivision Exemption for Lot Line Adjustment and Minor Plat Amendment Represented by: Stan Clauson Associates, LLC 200 E. Main Street Aspen, CO 81611 970-925-2323 ' Ms. Suzanne Wolff, Senior Planner 10 June 2005 ' Page 2 ' 5. Proof of Ownership - Parcel 3 6. Proof of Ownership - Lot 1 Wagar/Detweiler Subdivision ' 7. Letters of Authorization 8. Pre -application Conference Summary STAN CLAUSON ASSOCIATES, LLC 10 June 2005 Planning • Urban Design Landscape Architecture Transportation Studies Project Management 200 EAST MAIN STREET ASPEN, COLORADO 81611 Suzanne Wolf, Senior Planner TELEPHONE: 970.925.2323 Pitkin County FAx: 970.920.1628 E-MAIL: info@scaplanning.com Community Development Department WEB: www.scaplanning.com 130 S. Galena Street Aspen, Colorado 81611 Re: Request for Subdivision Exemption for Lot Line Adjustment and Minor Plat Amendment of the Wagar/Detweiler property, 517 Park Circle Dear Suzanne and Community Development Staff: On behalf of Rich Wager, along with Dirk Detweiler and Deborah Burek, I am writing to request that Pitkin County conduct the necessary reviews to provide for Subdivision Exemption for Lot Line Adjustment and Minor Plat Amendment of the Wagar/Detweiler property located at 517 Park Circle in Aspen. The applicants have recently purchased a parcel adjacent to Lot 1 of the Wagar/Detweiler Subdivision from Pitkin County, which was a portion of the Mollie Gibson Park parcel that is located on the west side of Park Circle. This application requests a lot line adjustment to show that the parcel has been conveyed to the applicant, which will be later annexed into the City. For this reason, this application requests an approval to a Subdivision Exemption for Lot Line Adjustment and Minor Plat Amendment pursuant to Sections 3-190-030 and 3-190-080 in the Pitkin County Land Use Code. I look forward to an opportunity to present this application and I am ready to answer any questions that you or the review board may have. ' Very truly yours, ' Suzanne Bott, AICP STAN CLAUSON ASSOCIATES, LLC Attachments: 1. Vicinity Map 2. Improvement Survey 3. Draft Lot Line Adjustment Plat 4. Ordinance No. 10 (Series of 2004) PLANNING AND DESIGN SOLUTIONS FOR COMMUNITIES AND PRIVATE SECTOR CLIENTS Land Use Code Standards Section 3-190 Subdivision Exemptions (Ord. 95-3 (part): PC 3-18) 3-190-030 Lot Line Adjustments A subdivision exemption to adjust a lot line between adjacent parcels or lots under separate ownership may be permitted subject to compliance with standards in this section (refer to Sections 4-40 and 5-60 for procedures and submission contents). A. The adjustment creates not more than the original number of lots or parcels. B. The purpose or effect of the lot line adjustment is not the creation of a new lot or parcel, nor any increase in floor area ratio for a parcel which gains size, nor creation of a lot or parcel substantially different in size for development or resale purposes. ' C. In the case of conforming lots and parcels any resulting lot or parcel shall conform to the minimum requirements for area or width established by the provisions of the Code. D. In the case of substandard size lots or parcels, the resulting lots or parcels may increase in non- conformity as to lot size so long as the other standards of this code continue to be met. E. The applicant shall prepare a subdivision exemption lot line adjustment map in compliance with the standards in Section 5-60. ' F. A lot line adjustment shall not be used to increase the floor area ratio for a parcel that increases in size due to the adjustment. The floor area ratio will be reduced on a parcel that decreases in size due to the adjustment. Applications to add floor area ratio to a lot or a parcel are considered ' to be major amendments and shall be reviewed pursuant to Subsection 3-190-090. (Ord. 95-3 (part): prior code § 3-1803) ' Response: The County has agreed to convey a portion of the Mollie Gibson Park parcel on the west side of Park Circle, which will be combined with Lots 1 and 2 of the Wagar/Detweiler Subdivision. A lot line adjustment to show this change is needed to effect this conveyance. The adjustment will not create new lots or parcels, nonconformities, or otherwise increase the floor area for any property within the County. 3-190-080 Minor Plat Amendments ' A subdivision exemption for a minor plat amendment may be permitted subject to compliance with the standards in this section (refer to Section 4-40 for procedures and Section 5-60 for submission contents). A minor amendment is limited to technical or engineering considerations ' first discovered during actual development. A. The amendment increases or does not affect the degree of compliance with Code standards; B. The amendment is being made to a recorded plat which has been approved by Pitkin County; and C. The amendment is consistent with representations made during the conceptual and detailed subdivision reviews whichever is applicable. (Ord. 95-3 (part): prior code § 3-1808) Response: This request complies with Code standards. Pitkin County has agreed to convey a portion of the Mollie Gibson Park parcel to the applicant, who will ' subsequently merge the portion with Lots I and 2 of the Wagar/Detweiler Subdivision. 11 Wagar/Pitkin County Subdivision Exemption ' 10 June 2005 Page 2 Ij Project Overview The owner of Lot 1 of the Wagar/Detweiler Subdivision holds a perpetual easement on ' the property which has been utilized as a parking area and delivery for the adjacent residence. The County now intends to convey this property, which is a portion of the ' Mollie Gibson Park parcel located on west side of Park Circle, to the owner of Lot 1. This parcel will then be combined with Lot 1, which is within the City limits, and the transferred parcel will then be annexed into the City. A portion of Lot 1 will allocated to , the adjacent Lot 2. This project benefits both the County and the applicant. The conveyance provides extra ' funding for the County's open space program, while allowing the applicant and co - purchaser to expand his single-family lots, allowing them greater flexibility in siting their residences and designing their complementary landscaping plans. , Wagar/Pitkin County Subdivision Exemption 10 June 2005 Page 1 , r-- Attachment 1 N Wagar, DetweilerlBurek PUD Vicinity Map (not to scale) Attac hment 2 Noe a c rommmcero C.a.aeo--yor, musr rian boats upon any ex/xr m rh,a y . fir 1 i yens oa.r ypv prsr tltro.er w,chx,a ewmr may any kyol o<f�baaetl upon any tle/ f ,n f/ua r me,Nve vt'f tAx,th- r n yore /ram the tlafe o/ fM cHi/icafion aMwn nereon. PARCEL #3, Pitkin COU111.- CITY TYP. CURB Col 1 Wabar/ Ilebveiler Subdivision IMPROVEMENT SURVEY SUNNY PARK NORTH CONDOMINIUMS OF ASPEN, COUNTY OF PITKIN STATE OF COLORADO Notes: - G indicates found monument, r5 rebar and Yellow Plastic Cop (YPC), L.S. 15710. - O indicates set monument, /5 rebar and red Plastic Cap (RPC), LS. 20133 Property Description: A parcel of land situate in Section 7, Township 10 South, Range 84 West of the Sixth Principal Meridian being more particularly described as follows: Beginning at a No, 5 rebar and plastic cap 1-5. 15710 at the Northwesterly comer of Lot 6, Sunny Park North Subdivision, City of Aspen, County of Pilkin. Slate of Colorado thence along a line described in Book 466 at Page 302 of the records of the Pitkin County Clerk and Recorder N 38'00'00" E. a dislonce of 40.37 feet; thence departing said line N 88'37'09" E a distance of 71.54 feet; thence along a line 30 feet Westerly of and parallel with the constructed centerline of Park Circle 110.28 feet along the are of a curve to the right, having a radius 247.89 feet, a central angle of 2529'18", and subtending a chord bearing S 09'54'00" W a distance pf 109.37 feet; thence N 4676'14" W a distance of 107.35 feet to the POINT OF BEGPJNING. Said parcel contains 6439 square feet, more or less. Basis of bearings: N 2626'23" W the record bearing between a /15 rebor and plastic cap L.S. 15710 at the southeast and northwest corners of said Parcel /3. This map has been prepared pur uonl to client request for on Improvement Survey of Parcel /3, Lot 6, Sunny Park North Condominiums. This survey DOES NOT represent a title search by this surveyor to determine ownership or to discover eosements or other encumbrances of record. All information pertaining to ownership, easements or other encumbrances of record have been takm from a title insurance commitment issued by Pitkin County Title Inc. dated 25 March 2DO5, Case Number PCT19553F. Item 7: The parcel is subject to the rights of the proprietor of a vein to extract ere therefrom as reserved in United States patent recorded in Book 174 at Page 171 the extent of those affects cannot be graphically depicted. Item 8: Terms, conditions and obligations as set forth in an Easement Agreement recorded as Reception No 401780 affects all of subject properly and is graphically depicted hereon. - Due to excessive snow cover we were unable to verify all improvements. Some Improvements are shown here from Survey done in June 99 by SGM. GRAPHIC SCALE / / Surveyor's Gertlhcata I, Stephen L. Ehlers, being a Registered Land Surveyor In the State of Colorado, do hereby certify that this Improvement Survey was made under my supervision and is true and correct to the best of my ( DI Im I belief and knowledge. I further certify that the improvements on the above described parcel an this 1 loch 10 it / date, 04 February 2005. ex onnections are entirely within the boundaries of the parcel, except as shown, that th qµB� Cr,� achments upon the described premises by Improvements an any adjoining premises �t.•Z{i i11i afe and that there Is no apparent evidence or sign of any easement crossing or `"y any - said parcel, except as noted. 201 CX S ephe L Ehlers LS. vd f7�MAl LA1l�S CURVE TABLE ///FCUjRVEjJDIUS LENGTH TANGENT CHORD BEARING DELTA 7.89 110.28 56.07 109.37 N09'54'00"E 25 9'18r S 70 „8 lam 970 SCNMUESER I CORDON I MEYER Cres E N DINE E R S a SU R VEYORS E-mail: R GORDON MEYER PARCEL #3 eet, Suite 200 igs, Color do 8"01 l0 ((970x �25 �8727-5948 C0 (9�0, 349-5355 SUNNY PARK NORTH REYLSA7/v C,: /E I BY ✓ob No. 2005-321.00. IMPRO VEMENT Drawn by. PD Dol, 04-19-2005 SURVEY MProvcd 1 OF 1 Attachment 3 ear! n.. '•cic c6 More: Accord'nq ro Gaforodo [ov, you musf on "W otrron eolN upon any mCefrria ✓Rry nfNn lnree yer� onfer yw ! f dicovar such OeJeN. M re f r w r ksa ocrron mleo upon o y macr M wMr au r �nx^°ncea nrw. r/an far y_ � aw acr. or rn. carr�,rw, m.+n SCHMUESER GORDON MEYER E NCIw CERS I SURVEYORS GRAPHIC SCALE ( IN FEET 1 1 inch a 50 It / 1t, Exbibit Map Jfoaic Cbson Park Subdivision County of Pitkin, State of Colorado SURVEYOR'S STATEMENT I, Stephen L. Ehlers, a duly registered Professional Land Surveyor in the State of Colorado, do hereby certify that this Mollie Gibson Park Subdivision Plat is for exhibit only in order to complete this plat for filling we will need to conduct a Field Survey and have a Title Commitment to verify the boundary and all Easements of record. By: -------------------------- Stephen L. Ehlers Professional Land Surveyor No. 20133. Certificate of Ownership Know all men by these presents that County of Pitkin being the owner, the mortgagee or lien holder of certain lands in the City and Town of Aspen, Pitkin County, Colorado, described as follows: Mollie Gibson Park as described in Reception No. 25477, Book 455 Page 177 in the Pitkin County Clerk and Recorder. Lot 2 recorded as Encroachment Easement Reception No. 401780, in the Pitkin County Clerk and Recorder. Does hereby Plat this real property under the none and style of the Mollie Gibson Park Subdivision, Pitkin County, Colorado. Executed this day of 2005 County of Pitkin Mortgagees) or Lien Holder's The foregoing Certificate of Ownership was acknowledged before me this __ day of 2005, by County of Pilkin, Owners. My Commission Expires: Witness my hand and official seal Notary Public Pt AT NOTE The records used from the Pitkin County Clerk and Recorder to help produce this Plat ore ce follows: —The City of Aspen Ouick Claim Deed Reception No. 425059. —Lot line Adjustment Plot of Lots 5 & 7, Sunny Park North Subdivision: Book 52, Page 46. —Subdivision Plat of Lots 1 & 2 of the Wogor/Detwe'der Subdivision: Book 69, Page 97. —The Smuggler Racquet Club Recorded as Reception No. 259508. —Centennial Condominium Subdivision and Condominium Plat: Book 17, Page 7. —Al la/Ascm Land Title Survey of William's Ranch Subdivision: Book 37. Page 8. —Property Survey of Silver Brick M.S. #3952: Book 5 Page 56. —1041 hazard review mop of the proposed Mollie Gibson Pork & Access Road. Book 37, Page 43 —Sunny Park North Boundary Adjustment & Annexation Map: Book 20. Page 2. Title .Certificate The undersigned, a duly outho6zed representative of Pitkin County Tlie. Inc. registered to do business in Pitkin County, Colorado, hereby certifies that the person listed as owner on this map holds fee simple title to the real estate described hereon free and clear of all liens am] encumbrances except for the lien of the mortgagee nomed hereon. Although we believe the facts stated on this mop are true, this certificate is not to be construed as an abstract of title nor an opinion of title• nor guarantee of title, and it is understood and agreed that Pitkin County Title, Inc. neither assumes nor will be charged with any finoncial obligation liability whotsoever on any statement contained herein. President. Pitkin County Title, Inc. Date The foregoing title certificate was acknowledged before me this do; of ___ 2005, by as the President of Pitkin County Title. Inc. My commission expires: Witness my hand and official seal. NotaryPublic Community Development Director's Approval This plot of the Mollie Gibson Park was reviewed and approved by the Director of the Community Development Department of the City of Aspen, this _ day of 2005. Director Community Development Engineer ' This plat of the Mollie Gibson Park was reviewed and approved by the Community Development Engineer of the City of Aspen, this _ day of 2005. Community Development Engineer Clerk and Recorder's Acceptance This plat of Mollie Gibson Park was accepted for filing in the office of the Clerk and Recorder of the County of Pitkin. State of Colorado, at O'clock• —M. This day of _ _ 2005 in Book No. at Page _ and Reception No. _--� County Clerk and Recorder HMUESER GORDON MEYER BER REWSOV Job No. 2005�J21.002 W. 6th Street, Suite 200 Mollie Gibson Park pawn by: par 1 pod Springgs, Colorydo 81601 Exhibit 0 945-1004 FAX `970) 945-5948 ire- 612105 en, Colorado j9�040 9)39-532 sled Butte, CO 9 49-53 55 Pitkin Co un ty map ,+ypraeec OF 1 d: survey@sgm-nc.00m ra: Mrweae ulr.eva *--JUN, 1. 2004 7 2:10PM CITY OF ASPEN Attachment 4 497458 Pape: 1 of 4 SILviR DAV!ill!! 1111 ill ill 1111111111 Ill 1111111111111 TKIN COUNTY CO R 21,00 5/2/200®0M IS, ORDINANCE NO. 1, ' u (SERIES OF 2004) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A PLANNED ' UNIT DEVELOPMENT AMENDMENT, SUBDIVISION, AND GROWTH MANAGEMENT QUOTA SYSTEM EXEMPTION FOR THE PROPERTY AT ' 517 PARK CIRCLE, LEGALLY DESCRIBED AS THE NORTH AND SOUTH CONDOMINIUMS OF LOT 6, SUNNY PARK NORTH CONDOMINIUMS, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2737-074-01-0161017 WHEREAS, the Community Developmert Department received an application from Rich Wagar, Dirk Detweiler and Deborah Burek, represented by Stan Clauson Associates, LLC for a Planned Unit Development Amendment, Subdivision and Growth ' Management Quota System (GMQS) Exemption to subdivide the existing duplex lot into two single-family lots and utilize the two development rights from ,the demolished duplex to construct two single-family residences. The PUD Amendment is requested to allow ' smaller than minimum lot sizes per dwelling unit and reduced front and north side yard setbacks; and, ' WHEREAS, the Community Development Department received referral u comments from the Aspen Consolidated Sanitation District, City Engineering, Building ' Department, Fire, Streets, Parks and Water Departments as a result of the Development Review Committee meeting; and, ' WHEREAS, said referral agencies and the Aspen Community Development Department reviewed the proposed Planned Unit Development Amendment, Subdivision and Growth Management Quota System (GMQS) Exemption and recommended approval ' with conditions; and, WHEREAS, pursuant to Section 26.445 of the Land Use -Code, RUD approval may be granted by the City Council at a duly noticed public hearing after considering recommendations by the Planning and Zoning Commission, the Community Development Director, and relevant referral agencies; and, ' WHEREAS, pursuant to Section 26.480 of the Land Use Code; Subdivision approval may be granted by the City Council at a duly noticed public hearing after ' considering recommendations by the Planning and Zoning Commission, the Community Development Director, atld relevant referral agencies; and, ' WHEREAS, pursuant to Section 26.570 of the Land Use Code, GMQS Exemption approval may be granted by the Community Development Director, however, �JUN. 1.2004 2:11PM _CITY OF ASPEN NO, 5078 P. 2 497458 Page: 2 of 4 05/12/2004 09:191 SILVIA DAVIS PITKIN COUNTY CO R 21.00 D 0.00 according to Section 26.304.060 of the Land Use . Code the applicant has agreed to combine this administrative review with the other land use approvals sought; and, WHEREAS, the PUD Amendment and Subdivision review by the Planning and Zoning Commission requires a public hearing acid this application was reviewed at a public hearing where the recommendations of the Community Development Director and comments from the public were heard; and, WHEREAS, during a regular meeting on February 17, 2004, the Planning and Zoning Commission opened a duly noticed public hearing to consider the project and continued the public hearing to March 2, 2004 where, by a seven to zero (7-0) vote, recommended City Council approve the PUD Amendment, Subdivision, and GMQS Exemption, with the findings and conditions listed hereinafter; and, WHEREAS, the City of Aspen City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City of Aspen City Council reviewed and considered the development proposal at a regular City Council meeting on April 19, 2004 and, by a vote of to L - _), approved this Ordinance (on Second Reading) for a PUD Amendment, Subdivision, and GMQS Exemption; and, WHEREAS, the City of Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT RESOLVED BY THE ASPEN CITY COUNCIL THAT: Section 1: The approval is subject to the following conditions: 1, 'Prio'�r 'ta i3� of a dft permit for either or both' of the proposed single- family residences: a. Park Dedication fees shall be paid for any additional bedrooms that are added above and beyond what currently exists on the site. b. Both of the new single-family residences shall demonstrate their compliance with the Residential Design Standards. c. An outdoor lighting plan for each residence shall be submitted. d. The building permit application must demonstrate that the landscape berms do not obstruct the site distance for vehicles exiting each driveway onto the public street, to the satisfaction of the City Engineer. 1 -9- JUN. 1. 2004 2:11PM CITY OF ASPEN NO.5078 P. 3 ' 497458 page: 3 of 4 05/12/2004 09'191 ' SILVIA DAVIS PITKIN COUNTY GO R 21.00 1) 0.00 e. An encroachment license shall be applied for and received from the City 1 Engineering Department for all improvements in the city right-of-way, landscape berms. including the f. The City Parks Department shall review any landscaping and irrigation system located in the city right-of-way. ' g. The building permit plans shall reflect the City Municipal Code requirement that driveways must be setback at least 10 feet from the property line. h. The applicant shall be able to use the existing 6" tap to serve both proposed ' dwellings, but a shared service agreement will be required prior to sign off of any building permits. Plans should be submitted to the Sanitation District as ' early as possible in the design phase. i. All tap fees, impacts fees, and building permit fees shall be paid. ' 2_. A subdivision agreement and plat shall be recordett'iri -the office of the Pitkin County Clerk and Recorder within 180 days following City Council approval. ' 3. The floor area, as defined in Section 26.575.020 of the City of Aspen Land Use Code, of the proposed single-family residences on the new lots shall be limited to 3,400 square feet each, which is roughly the result of a floor area ratio of .30 on the proposed lots. A note indicating this floor area limitation shall be placed on the subdivision plat. ' 4. The applicant shall abandon the existing tap before installing the new tap. The proposal will require two separate taps. ' 5. PUD Plans shall be recorded within 180 days of the final approval by City Council. 6. The applicant shall file a Notice of PUD in the Clerk and Recorders office of Pitkin County subsequent to receipt of a development order, or prior to issuance ' of a building permit. 7. Prior to issuance of a Certificate of .Occupancy for either-ne_w single-family ' residence on the newly created lots, the applicants shall construct a five (5) foot wide sidewalk, in compliance with City of Aspen standards, along Park Circle for the portion of the subject property that fronts Park Circle. 1 Section 2: This Ordinance shall not effect any existing litigation and shall not operate as an abatement ' of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such 1 prior ordinances. JUN. 1. 2004— 2:12PM CITY OF ASPEN _--.-- ------NO. 5078'— P. 4 4!ti [ 4 jj� 05/17/2004 p9:19i SILVIP DAVIS PITKIN COUNTY CO R 21.00 0 0.00 Section 3: u If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion sball be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. �i INTRODUCED, READ AND ORDERED PUBLISHED as provided by taw, by the City Council of the City of Aspen on this 22"d day of March, 2004. FINALLY, ADOPTED, PASSED, AND APPROVED this 19�' day of April, 2004. 4ATT ST: Kathryn S_ K , City lerk APPROVED AS TO FORM: L�Otm orcestor, City Attorney - ' s 4 . • 17 1 i Attachment 5 1 ALTA Commitment For Title Insurance 1 Fidelity National Title Insurance Company 1 ' AUTHORIZED AGENT: PITKIN COUNTY TITLE, INC. ' 601 E. HOPKINS AVE. 3RDFLOOR ASPEN, COLORADO 81611 970-925-1766-PHONE ' 970-925-6527-FAX 877-217-3158-TOLL FREE ' E-MAIL ADDRESS: TITLE MATTERS: CLOSING MATTERS: Vince Higens-pcti@sopris.net TJ Davis-tjd@sopris.net ' Priscilla Prohl-priscilla@sopris.net Joy Higens-joy@sopris.net Brandi Jepson-brandi@sopris.net (Closing & Title Assistance) ' FIDELITY ' NATIONAL TITLE INSURANCE ' COMPANY Fidelity National Title Insurance Company 1'911V Kamm A, sous. Smw$XI In ine. CA 9261 J-62?3 In!' 1 Commitment for Title Insurance Fidelity National Title Insurance Company ' A Stock Company COMMITMENT FOR TITLE INSURANCE ' FIDELITY NATIONAL TITLE INSURANCE COMPANY, a Corporation, herein called the Company, for ' a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and ' charges therefor; all subject to the provisions of Schedule A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the , policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. I This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate within six (6) months after the effective date hereof or when ' the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. This Commitment shall not be valid or binding until countersigned by an authorized officer or agent. ' IN WITNESS WHEREOF, Fidelity National Title Insurance Company has caused its corporate name and seal to be hereunto affixed and these presents to be signed in facsimile under authority of its by-laws on the date ' shown in Schedule A. FIDELITY NATIONAL TITLE INSURANCE COMPANY f7.r: (ILK ;(SEAL `1t-11 President Secretary Countersigned: Authorized Signature FORM 27-083-66 (10/03) ALTA CONNUTMENT - 1966 ' CONDITIONS AND STIPULATIONS 1. The term "mortgage", when used herein, shall include deed of trust, trust deed or other security instrument. ' 2. If the Proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company 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 or 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. Any action or actions or rights of action that the Proposed Insured may have or may bring against the Company arising out of die status of the title to the estate or interest or (he status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: March 25, 2005 at 8:00 AM Case No. PCT19553F 2. Policy or Policies to be issued: (a) ALTA Owner's Policy -Form 1992 Amount$ 200.000.00 Premium$ 372.00 Proposed Insured: Rate: Re -Issue DIRK DETWEILER and DEBORAH J. BUREK and RICH WAGAR (b) ALTA Loan Policy -Form 1992 Amount$ 0.00 Premium$ 0.00 Proposed Insured: Rate: (c) ALTA Loan Policy -Form 1992 Amount$ Premium$ Proposed Insured: Rate: Tax Certificate: $ 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY COLORADO A BODY CORPORATE AND POLITIC 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: See Attached Exhibit "A" PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, ASPEN, CO.81611 970-925-1766 Phone/970-925-6527 Fax 877-217-3158 Toll Free E-MAIL pcti@sopris.net Schedule A -PGA This Commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. EXHIBIT "A" LEGAL DESCRIPTION A parcel of land situate in Section 7, Township 10 South, Range 84 West of the Sixth Principal Meridian being more particularly described as follows: Beginning at a No. 5 rebar and plastic cap L.S. 15710 at the Northwesterly corner of Lot 6, Sunny Park North Subdivision, City of Aspen, County of Pitkin, State of Colorado thence along a line described in Book 466 at Page 302 of the records of the Pitkin County Clerk and Recorder N 38°00'00" E a distance 40.37 feet; thence departing said line N 88°37'09" E a distance of 71.54 feet; thence along a line 30 feet Westerly of and parallel with the constructed centerline of Park Circle 110.28 feet along the arc of a curve to the right, having a radius of 247.89 feet, a central angle of 25°29'18" and subtending a chord bearing S 09°54'00" W a distance of 109.37 feet; thence N 46016'14" W a distance of 107.35 feet to the POINT OF BEGINNING. SCHEDULE B - SECTION 1 REQUIREMENTS The following are the requirements to be complied with: ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record to -wit: 1. Duly executed and acknowledged Deed, From : BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY COLORADO A BODY I CORPORATE AND POLITIC To : DIRK DETWEILER and DEBORAH J. BUREK and RICH WAGAR 2. Duly certified copy of Resolution of the Board of County Commissioners of the County of Pitkin I authorizing the sale. 3. Evidence satisfactory to the Company that the Real Estate Transfer Tax as established by Ordinance No. ' 20 (Series of 1979) and Ordinance No. 13 (Series of 1990) has been paid or exempted. 4. Certificate of nonforeign status executed by the transferor(s). (This instrument is not required to be recorded) ' 5. Completion of Form DR 1079 regarding the withholding of Colorado Tax on the sale by certain persons, corporations and firms selling Real Property in the State of Colorado. (This instrument is not required to ' be recorded) 6. Evidence satisfactory to the Company that the Declaration of Sale, Notice to County Assessor as required by H.B. 1288 has been complied with. (This instrument is not required to be recorded, but must be ' delivered to and retained by the Assessors Office in the County in which the property is situated) SCHEDULE B SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. The premises hereby granted, with the exception of the surface, may be entered by the proprietor of any other vein, lode or ledge, the top or apex of which lies outside of the boundary of said granted premises, should the same in its dip be found to penetrate, intersect, or extend into said premises, for the purpose of extracting and removing the ore from such other vein, lode or ledge as reserved in United States Patent recorded May 20, 1949 in Book 175 at Page 170. 8. Terms, conditions, provisions and obligations as set forth in Easement Agreement recorded February 13, 1997 as Reception No. 401780. 1 ENDORSEMENT SCHEDULE FOR OWNERS POLICY ATTACHED TO AND BECOMING A PART OF CASE NO: PCT19553F SELLER: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY COLORADO A BODY CORPORATE AND POLITIC BUYER: DIRK DETWEILER and DEBORAH J. BUREK and RICH WAGAR The following endorsements will be issued in connection with the Policy to be issued hereunder as referenced above: ENDORSEMENTS: For a fee of: $ For a fee of. $ For a fee of $ For a fee of $ For a fee of $ Exceptions Numbered 1, 2, 3 and 4 will be deleted from the final Title Policy, upon compliance with the requirements set forth below. Exception Number 5 is automatically deleted upon recordation of the documents called for on the requirement page of this commitment. THE FEE FOR DELETING EXCEPTIONS 1 THRU 4 OR ANY PREPRINTED EXCEPTION IS: $50.00 Exception Number 6 will be amended to read: Taxes for the current year not yet due or payable, upon evidence satisfactory that the Taxes for the prior year(s) have been paid. NOTE: A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanic's and materialmens liens, executed by the seller and any additional parties deemed necessary by the Company. The company hereby reserves the right to make additional requirements as may be deemed necessary in the event additional facts regarding development, construction or other building or work are disclosed to the company that may fall within any lien period as defined in the Statues of the State of Colorado, and may result in additional premiums and/or fees for such coverage. NOTE: A current survey, certified by a Registered Colorado Land Surveyor must be delivered to, approved and retained by the Company for Deletion of Printed Exception No. 3. (NOT REQUIRED FOR CONDOMINIUM OR TOWNHOME UNITS) ' ADDITIONAL INFORMATION AND DISCLOSURES ' The Owner's Policy to be issued, if any shall contain the following items in addition to the ones set forth above: (1) The Deed of Trust, if any, required under Schedule B-Section 1. ' (2) Water rights, claims or title to water. (NOTE: THIS EXCEPTION WILL APPEAR ON THE OWNER'S AND MORTGAGE POLICY TO BE ISSUED HEREUNDER) ' Pursuant to Insurance Regulation 89-2 NOTE: Each title entity shall notify in writing every prospective insured in an owner's title insurance policy for a single family residence (including a condominium or townhouse unit) (i) of that title entity's general ' requirements for the deletion of an exception or exclusion to coverage relating to unfiled mechanics or materialmens liens, except when said coverage or insurance is extended to the insured under the terms of the policy. A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanics' and/or Materialmen's Liens executed by the persons indicated in the attached copy of said affidavit must ' be furnished to the Company. Upon receipt of these items and any others requirements to be specified by the Company upon request, Pre-printed Item Number 4 may be deleted from the Owner's policy when issued. Please contact the Company for further information. Notwithstanding the foregoing, nothing ' contained in this Paragraph shall be deemed to impose any requirement upon any title insurer to provide mechanics or materialmens lien coverage. NOTE: If the Company conducts the owners or loan closing under circumstances where it is responsible for the recording or filing of legal documents from said transaction, the Company will be deemed to have provided "Gap Coverage". ' Pursuant to Senate Bill 91-14 (CRS 10-11-122) (a) The Subject Real Property may be located in a Special Taxing District, (b) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained form the County treasurer of the County Treasurer's Authorized Agent, (c) Information regarding Special Districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. ' NOTE: A tax Certificate will be ordered from the County Treasurer by the Company and the costs thereof charged to the proposed insured unless written instruction to the contrary are received by the company prior to the issuance of the Title Policy anticipated by this Commitment. ' Pursuant to House Bill 01-1088 (CRS 10-11-123) If Schedule B of your commitment for an Owner's Title Policy reflects an exception for mineral interests or ' leases, pursuant to CRS 10-11-123 (HB 01-1088), this is to advise: (a) There there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed ' from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals or geothermal energy in the property and (b) That such mineral estate may include the right to enter and use the property without the surface owners' permission. ' This commitment is invalid unless Schedule B-Section 2 the Insuring Provisions and Schedules Commitment No. PCT19553F A and B are attached. PITKIN COUNTY TITLE, INC. ' 601 E. HOPKINS, THIRD FLOOR ASPEN, CO 81611 970-925-1766/970-925-6527 FAX ' TOLL FREE 877-217-3158 WIRING INSTRUCTIONS FOR ALL TRANSACTIONS REGARDING THE CLOSING OF THIS FILE , ARE AS FOLLOWS: 1 ALPINE BANK -ASPEN 600 E. HOPKINS AVE. , ASPEN, CO. 81611 ABA ROUTING NO. 102103407 , FOR CREDIT TO: PITKIN COUNTY TITLE, INC., ESCROW ACCOUNT ' ACCOUNT NO. 2020065129 , REFERENCE:PCT19553F/DIRK DETWEILER and DEBORAH J. BUREK and RICH WAGAR 1 Pitkin County Title, Inc. Privacy Policy ' We collect nonpublic information about you from the following sources: • Information we receive from you, such as your name, address, telephone number, or social security number; ' • Information about your transactions with us, our affiliates, or others. We receive this information from your lender, attorney, real estate broker, etc.; and Information from public records ' We do not disclose any nonpublic ublic personal information about our customers or former 1 customers to anyone, except as permitted by law. We restrict access to nonpublic personal information about you to those employees ' who need to know that information to provide the products or services requested by you or your lender. ' We maintain physical, electronic, and procedural safeguards that company with appropriate federal and state regulations. 1 -7 L Fidelity National Financial Group of Companies' PnvAc Statement July 1, 2001 We recognize and respect the privacy expectations of today's consumers and the requirements of applicable federal and state privacy laws. We believe that making you aware of how we use your non-public personal information ("Personal Information"), and to ' whom it is disclosed, will form the basis for a relationship of trust between us and the public that we serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from time to time consistent with applicable privacy laws. In the course of ou r business, we may collect Personal Information about you from the following sources: ■ From applications or other forms we receive from you or your authorized representative; ■ From your transactions with, or from the services being performed by, us, our affiliates, or others; ■ From our internet web sites; ■ From the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates or others; and ■ From consumer or other reporting agencies. Our Policies Regarding the Protection of the Confidentiality and Security of Your Personal Information We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized access or intrusion. We limit access to the Personal Information only to those employees who need such access in connection with providing products or services to you or for other legitimate business purposes. Our Policies and Practices Regarding the Sharing of Your Personal Information We may share your Personal Information with our affiliates, such as insurance companies, agents, and other real estate settlement service providers. We also may disclose your Personal Information: to agents, brokers or representatives to provide you with services you have requested; to third -party contractors or service providers who provide services or perform marketing or other functions on our behalf; and ■ to others with whom we enter into joint marketing agreements for products or services that we believe you may find of interest. In addition, we will disclose your Personal Information when you direct or give us permission, when we are required by law to do so, or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you One of the important responsibilities of some of our affiliated companies is to record documents in the public domain. Such documents may contain your Personal Information. Right to Access Your Personal Information and Ability To Correct Errors Or Request Changes Or Deletion Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out to whom your Personal Information has been disclosed. Also, certain states afford you the right to request correction, amendment or deletion of your Personal Information. We reserve the right, where permitted by law, to charge a reasonable fee to cover the costs incurred in responding to such requests. All requests must be made in writing to the following address: Privacy Compliance Officer Fidelity National Financial, Inc. 4050 Calle Real, Suite 220 Santa Barbara, CA 93110 Multiple Products or Services If we provide you with more than one financial product or service, you may receive more than one privacy notice from us. We apologize for any inconvenience this may cause you. 1 Attachment 6 � FIDELITY � NATIONAL � TITLE � INSURANCE � COMPANY ' Fidelity National Title Insurance Company 17911 Von Kaman Avenue. Suite 1(- ) ' Irvine, CA 9 2614-( 253 0 Commitment for Title Insurance ' Fidelity National Title Insurance Company ' A Stock Company COMMITMENT FOR TITLE INSURANCE ' FIDELITY NATIONAL 777LE INSURANCE COMPANY, a Corporation, herein called the Company, for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedule A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate within six (6) months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. This Commitment shall not be valid or binding until countersigned by an authorized officer or agent. IN WITNESS WHEREOF, Fidelity National Title Insurance Company has caused its corporate name and seal to be hereunto affixed and these presents to be signed in facsimile under authority of its by- laws on the date shown in Schedule A. FIDELITY NATIONAL TITLE INSURANCE COMPANY 0----l rtiI`11 S [ President SCcrctary COLllltersipied : Authorized Signature FORM 274)83-66 (10/03) ALTA C:OMMTTMF.NT - 1966 CONDITIONS AND STIPULATIONS 1. The term "mortgage", when used herein, shall include deed of trust, trust deed or other security instrument. 2. If the Proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company 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 or 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. Any action or actions or rights of action that the Proposed Insured may have or may bring against the Company arising out of die status of the title to the estate or interest or (he status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1 Effective Date- May 3 2004 at 8:00 AM Case No. PCT17469PR 2. Policy or Policies to be issued: (a) ALTA Owner's Policy -Form 1992 Amount$ 0.00 Premium$ 0.00 Proposed Insured: Rate: (b) ALTA Loan Policy -Form 1992 Proposed Insured: Amount$ 0.00 Premium$ 0.00 Rate: (c) ALTA Loan Policy -Form 1992 Amount$ Premium$ Proposed Insured: Rate: Tax Certificate: $ 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: RICHARD H. WAGAR 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: See Attached Exhibit "A" PITKIN COUNTY TME, INC. 601 E. HOPKINS invalid ASPEN, CO. 81611 970-925-1766 Phone Schedules 970-925-6527 FAX attached. 877-217-3158 Toll Free E-Mail: pcti@sopris.net AUTHORIZED AGENT Schedule A-PG.1 This Commitment is unless the Insuring Provisions and A and B are EXHIBIT "A" LEGAL DESCRIPTION ' NORTH CONDOMINIUM UNIT, LOT 6, SUNNY PARK NORTH CONDOMINIUMS, according to the Map thereof filed for record in Plat Book 12 at ' Page 50 and according to the Condominium Declarations recorded January 7, 1982 in Book 419 at Page 549 and amended January 15, 1982 in Book 419 at Page 847. Together with that parcel of land described in Quit Claim Deed recorded February 13, 1997 at Reception No. 401779 and Excepting therefrom that parcel of land described in Quit Claim Deed recorded February 13, 1997 as Reception ' No. 401781. L SCHEDULE B - SECTION 1 REQUIREMENTS The following are the requirements to be complied with: ' ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. ' ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record to -wit: THIS COMMITMENT IS FURNISHED FOR INFORMATIONAL PURPOSES ONLY, IT IS NOT A CONTRACT TO ISSUE TITLE INSURANCE AND SHALL NOT BE CONSTRUED AS SUCH. IN THE EVENT A PROPOSED INSURED IS NAMED THE COMPANY HEREBY RESERVES THE ' RIGHT TO MAKE ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS AS DEEMED NECESSARY. THE RECIPIENT OF THIS INFORMATIONAL REPORT HEREBY AGREES THAT THE COMPANY HAS ISSUED THIS REPORT BY THEIR REQUEST AND ALTHOUGH WE BELIEVE ALL INFORMATION CONTAINED HEREIN IS ACCURATE AND CORRECT, THE ' COMPANY SHALL NOT BE CHARGED WITH ANY FINANCIAL LIABILITY SHOULD THAT PROVE TO BE INCORRECT AND THE COMPANY IS NOT OBLIGATED TO ISSUE ANY POLICIES OF TITLE INSURANCE. ' I SCHEDULE B SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted as reserved in United States Patent recorded May 20, 1949 in Book 174 at Page 171. 8. Restrictions, which do not contain a forfeiture or reverter clause, as contained in instrument recorded March 30, 1964 in Book 206 at Page 301. 9. Terms, conditions, provisions, obligations, easements, restrictions and assessments as set forth in the Condominium Declaration for Sunny Park North Condominiums recorded January 7, 1982 in Book 419 at Page 547, deleting therefrom any restrictions indicating preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin. And Amended by Amendment recorded January 15, 1982 in Book 419 at 847. 10. Easements, rights of way and all matters as disclosed on Plat of subject property recorded in Plat Book 12 at Page 50. 11. Any loss or damage as a result or failure of any unpaid fees and expenses currently due and payable to the Homeowners Association. 12. Terms, conditions, provisions and obligations as set forth in Easement Agreement recorded February 13, 1997 as Reception No. 401780. 13. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. 96-54, Series of 1996 by Board of County Commissioners recorded March 3, 1997 as Reception No. 402214. 14. Terms, conditions, provisions and obligations as set forth in Agreement recorded August 16, 2000 as Reception No. 446146. (Continued) SCHEDULE B SECTION 2 EXCEPTIONS - (Continued) 15. Terms, conditions, provisions and obligations as set forth in Agreement recorded August 8, 2002 as Reception No. 470753. 16. Deed of Trust from: RICHARD H. WAGAR To the Public Trustee of the County of PITKIN For the use of : AFFILIATED FINANCIAL GROUP, INC. Original Amount : $500,000.00 Dated : January 13, 2003 Recorded : January 17, 2003 Reception No. : 477468 The beneficial interest of the above Deed of Trust was assigned to LEHMAN BROTHERS BANK, FSB by instrument recorded January 17, 2003 as Reception No. 477469. The beneficial interest of the above Deed of Trust was assigned to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS by instrument recorded December 22, 2003 as Reception No. 492734. 1 1 ENDORSEMENT SCHEDULE FOR OWNERS POLICY ATTACHED TO AND BECOMING A PART OF CASE NO: PCT17469PR SELLER: RICHARD H. WAGAR BUYER: PROFORMA The following endorsements will be issued in connection with the Policy to be issued hereunder as referenced above. - ENDORSEMENTS: For a fee of: $ For a fee of: $ For a fee of: $ ' For a fee of: $ For a fee of : $ Exceptions Numbered 1, 2, 3 and 4 will be deleted from the final Title Policy, upon compliance with the requirements set forth below. Exception Number 5 is automatically deleted upon recordation of the documents called for on the requirement ' page of this commitment. THE FEE FOR DELETING EXCEPTIONS 1 THRU 4 OR ANY PREPRINTED EXCEPTION IS: $50.00 ' Exception Number 6 will be amended to read: Taxes for the current year not yet due or payable, upon evidence satisfactory that the Taxes for the prior year(s) have been paid. ' NOTE: A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanic's and materialmens liens, executed by the seller and any additional parties deemed necessary by the Company. The company hereby reserves the right to make additional requirements as may be deemed necessary in the event additional facts regarding development, construction or other building or work are disclosed to the company that may fall within any lien period as defined in the Statues of the State of Colorado, and may result in additional premiums and/or fees for such coverage. ' NOTE: A current survey, certified by a Registered Colorado Land Surveyor must be delivered to, approved and retained by the Company for Deletion of Printed Exception No. 3. (NOT REQUIRED FOR CONDOMINIUM OR ' TOWNHOME UNITS) ADDITIONAL INFORMATION AND DISCLOSURES The Owner's Policy to be issued, if any shall contain the following items in addition to the ones set forth above: (1) The Deed of Trust, if any, required under Schedule B-Section 1. (2) Water rights, claims or title to water. (NOTE: THIS EXCEPTION WILL APPEAR ON THE OWNER'S AND MORTGAGE POLICY TO BE ISSUED HEREUNDER) Pursuant to Insurance Regulation 89-2 NOTE: Each title entity shall notify in writing every prospective insured in an owner's title insurance policy for a single family residence (including a condominium or townhouse unit) (i) of that title entity's general requirements for the deletion of an exception or exclusion to coverage relating to unfiled mechanics or materialmens liens, except when said coverage or insurance is extended to the insured under the terms of the policy. A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanics' and/or Materialmen's Liens executed by the persons indicated in the attached copy of said affidavit must be furnished to the Company. Upon receipt of these items and any others requirements to be specified by the Company upon request, Pre- printed Item Number 4 may be deleted from the Owner's policy when issued. Please contact the Company for further information. Notwithstanding the foregoing, nothing contained in this Paragraph shall be deemed to impose any requirement upon any title insurer to provide mechanics or materialmens lien coverage. NOTE: If the Company conducts the owners or loan closing under circumstances where it is responsible for the recording or filing of legal documents from said transaction, the Company will be deemed to have provided "Gap Coverage". Pursuant to Senate Bill 91-14 (CRS 10-11-122) (a) The Subject Real Property may be located in a Special Taxing District; (b) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained form the County treasurer of the County Treasurer's Authorized Agent; (c) Information regarding Special Districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. NOTE: A tax Certificate will be ordered from the County Treasurer by the Company and the costs thereof charged to the proposed insured unless written instruction to the contrary are received by the company prior to the issuance of the Title Policy anticipated by this Commitment. Pursuant to House Bill 01-1088 (CRS 10-11-123) If Schedule B of your commitment for an Owner's Title Policy reflects an exception for mineral interests or leases, pursuant to CRS 10-11-123 (HB 01-1088), this is to advise: (a) There there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals or geothermal energy in the property and (b) That such mineral estate may include the right to enter and use the property without the surface owners' permission. This commitment is invalid unless Schedule B-Section 2 the Insuring Provisions and Schedules Commitment No. PCT17469PR A and B are attached. 7 PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, THIRD FLOOR ASPEN, CO 81611 970-925-1766/970-925-6527 FAX TOLL FREE 877-217-3158 WIRING INSTRUCTIONS FOR ALL TRANSACTIONS REGARDING THE CLOSING OF THIS FILE ARE AS FOLLOWS: ALPINE BANK -ASPEN 600 E. HOPKINS AVE. ASPEN, CO. 81611 ABA ROUTING NO. 102103407 FOR CREDIT TO: PITKIN COUNTY TITLE, INC., ESCROW ACCOUNT ACCOUNT NO. 2020055778 REFERENCE: PCT17469PR/PROFORMA Pitkin County Title, Inc. Privacy Policy ' We collect nonpublic information about you from the following sources: • Information we receive from you, such as your name, address, 1 telephone number, or social security number; ' • Information about your transactions with us, our affiliates, or others. We receive this information from your lender, attorney, real estate broker, etc., ' and Information from public records We do not disclose any nonpublic personal information about our customers or former customers to anyone, except as permitted by law. We restrict access to nonpublic personal information about you to those employees who need to know that information to provide the products or services ' requested by you or your lender. We maintain physical, electronic, and procedural safeguards that company with ' appropriate federal and state regulations. 1 1 Fidelity National Financial Group of Companies' Privacy Statement July 1, 2001 We recognize and respect the privacy expectations of today's consumers and the requirements of applicable federal and state privacy laws. We believe that making you aware of how we use your non-public personal information ("Personal Information"), and to whom it is disclosed, will form the basis for a relationship of trust between us and the public that we serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from time to time consistent with applicable privacy laws. In the course of our business, we may collect Personal Information about you from the following sources: ■ From applications or other forms we receive from you or your authorized representative; ■ From your transactions with, or from the services being performed by, us, our affiliates, or others; ■ From our internet web sites; ■ From the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates or others; and ■ From consumer or other reporting agencies. Our Policies Regarding the Protection of the Confidentiality and Security of Your Personal Information We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized access or intrusion. We limit access to the Personal Information only to those employees who need such access in connection with providing products or services to you or for other legitimate business purposes. Our Policies and Practices Regarding the Sharing of Your Personal Information We may share your Personal Information with our affiliates, such as insurance companies, agents, and other real estate settlement service providers. We also may disclose your Personal Information: ■ to agents, brokers or representatives to provide you with services you have requested; ■ to third -party contractors or service providers who provide services or perform marketing or other functions on our behalf; and ■ to others with whom we enter into joint marketing agreements for products or services that we believe you may find of interest. In addition, we will disclose your Personal Information when you direct or give us permission, when we are required by law to do so, or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. One of the important responsibilities of some of our affiliated companies is to record documents in the public domain. Such documents may contain your Personal Information. Right to Access Your Personal Information and Ability To Correct Errors Or Request Changes Or Deletion Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out to whom your Personal Information has been disclosed. Also, certain states afford you the right to request correction, amendment or deletion of your Personal Information. We reserve the right, where permitted by law, to charge a reasonable fee to cover the costs incurred in responding to such requests. All requests must be made in writing to the following address: Privacy Compliance Officer Fidelity National Financial, Inc. 4050 Calle Real, Suite 220 Santa Barbara, CA 93110 Multiple Products or Services If we provide you with more than one financial product or service, you may receive more than one privacy notice from us. We apologize for any inconvenience this may cause you. Attachment 7 Mr. Richard Wagar c/o Wagar Associates, LLC 533 East Hopkins Avenue Suite 101 Aspen, CO 81611 13 April 2005 ' Ms. Suzanne Wolff Pitkin County Community Development ' 130 S. Galena St. Aspen, CO 81611 Dear Ms. Wolff: ' I give Stan Clauson Associates, LLC and his staff permission to represent us in discussions with the City of Aspen regarding the Subdivision Exemption for Lot Line Adjustment and Minor Plat Amendment of Parcel 3, located to the north of Lot 1 of the ' Wagar/Detweiler Subdivision at Park Circle. We have retained this firm to assist us in the planning phase of this project. If you have any questions regarding this matter, please contact me. Their contact information is as follows: ' Stan Clauson, AICP, ASLA Stan Clauson Associates, LLC 200 E. Main St, ' Aspen, CO 81611 Tel (970)925-2323 Fax (970)920-1628 Sincerely, 1 / ' Rich Wag 7 a fi I 'oN Cq I H1'1MgV NvgvM HII N Ni l : 9 �H7 '� I 'A dH Attachment 7' Dirk Detweiler 338 Midland Aspen, CO 81611 13 April 2005 Ms. Suzanne Wolff Pitkin County Community Development 130 S. Galena St. Aspen, CO 81611 Dear Ms. Wolff: I give Stan Clauson Associates, LLC and his staff permission to represent us in discussions with the City of Aspen regarding the Subdivision Exemption for Lot Line Adjustment and Minor Plat Amendment of Parcel 3, located to the north of Lot 1 of the Wagar/Detweiler Subdivision at Park Circle. We have retained this firm to assist us in the planning phase of this project. If you have any questions regarding this matter, please contact me. Their contact information is as follows: Stan Clauson, AICP, ASLA Stan Clauson Associates, LLC 200 E. Main St. Aspen, CO 81611 Tel(970)925-2323 Fax(970)920-1628 Sincerely, 4irDetweiler 1 11 1 1 Attachment 8 IPITKIN COUNTY PRE -APPLICATION CONFERENCE SUMMARY PROJECT: Wagar/Pitkin County Subdivision Exemption for Lot Line Adjustment and Minor Plat Amendment LOCATION: Park Circle, across from Smuggler Road PID#273707401016 & 273707400856 APPLICANTS: Rich Wagar & Pitkin County REPRESENTATIVE: Stan Clauson DATE: March 24, 2005 PLANNER: Suzanne Wolff, 920-5093 ' Type of Application: Subdivision Exemption for Lot Line Adjustment and Minor Plat Amendment Description of Project/Development: A portion of the Mollie Gibson Park parcel that is located on the west side 'of Park Circle is proposed to be conveyed by the County to Rich Wagar and combined with Lot 1 of the Wagar/Detweiler Subdivision. Lot 1 is within the City limits; the transferred parcel will be annexed into the City. Land Use Code Sections to Address: '3-190-030, Subdivision Exemption for Lot Line Adjustment ■ 3-190-080, Minor Plat Amendment 'Review by: Community Development Director Public Hearing? NO $860 (make check payable to "Pitkin County Treasurer") (NOTE: Fees increase May 25, 2005). 'FEES: ➢ Planning flat fee: $860 (non-refundable; based on 4 hours of staff time; if staff review time exceeds 4.8 hours, the Applicant will be charged for additional time in excess of 4 hours at a rate of $215/hour) ' To apply, submit 2 copies of the following information, unless noted otherwise: 1. 2. Summary letter explaining the request and addressing compliance with the Code sections listed above. Draft lot line adjustment plat that complies with the provisions of Section 5-60-030 3. Proof of ownership of subject properties 4. Parcel descriptions, including legal description and vicinity map '5. Total fee for review of the application 6. Signed fee agreement (1 copy) 7. Consent from owners to process application and authorizing the representative (1 copy) ' 8. Copy of this preapp form (1 copy) NOTES: > PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COPY OF YOUR COMPLETE APPLICATION. ' PLEASE SUBMIT TWO-SIDED COPIES OF ALL REMAINING COPIES OF YOUR APPLICATION (IF POSSIBLE). THE PARCEL /Ds SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED IN YOUR APPLICATION. '➢ ALL MAPS SHALL BE FOLDED. ➢ This pre -application conference summary is advisory in nature and not binding on the County. The information provided in this summary is based on current zoning standards and staffs interpretations based upon representations of the applicant. Additional information may be required upon a complete ' review of the application.