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Home My WebLink About115 Miners Trail_full applicationCITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT November 2017 City of Aspen|130 S. Galena St.|(970) 920 50ϵ0 COMMUNITY DEVELOPMENT DEPARTMENT GENERAL LAND USE PACKET Attached is an Application for review of Development that requires Land Use Review pursuant to The City of Aspen Land Use Code: Included in this package are the following attachments: 1.Development Application Fee Policy, Fee Schedule and Agreement to Pay Application Fees Form 2.Land Use Application Form 3.Dimensional Requirements Form (if required) 4.HOA Compliance Form 5.Development Revieǁ Procedure All Application are reviewed based on the criteria established in Title 26 of the Aspen Municipal Code. Title 26 of the Aspen Municipal Code is available at the City Clerk’s Office on the second floor of City Hall and on the internet at www.cityofaspen.com, City Departments, City Clerk, Municipal Code, and search Title 26. We require all applicants to hold a Pre-Application Conference with a Planner in the Community Development Department so that the requirements for submitting a complete application can be fully described. dhis meeting can happen in person or ďy phone or eͲmail͘ Also, depending upon the complexity of the development proposed, submitting one copy of the development application to the Case Planner to determine accuracy, inefficiencies, or redundancies can reduce the overall cost of materials and Staff time. Please recognize that review of these materials does not substitute for a complete review of the Aspen Land Use Regulations. While this application package attempts to summarize the key provisions of the Code as they apply to your type of development, it cannot possibly replicate the detail or the scope of the Code. If you have questions which are not answered by the materials in this package, we suggest that you contact the staff member assigned to your case, contact Planner oĨ tŚe ay, or consult the applicable sections of the Aspen >anĚ Use oĚe. CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT November 2017 City of Aspen|130 S. Galena St.|(970) 920 50ϵ0 Land Use Review Fee Policy The City of Aspen has established a review fee policy for the processing of land use applications. A flat fee or deposit is collected for land use applications based on the type of application submitted. A flat fee is collected by Community Development for applications which normally take a minimal and predictable amount of staff time to process. Review fees for other City Departments reviewing the application (referral departments) will also be collected when necessary. Flat fees are cumulative – meaning an application with multiple flat fees must be pay the sum of those flat fee. Flat fees are not refundable. A review fee deposit is collected by Community Development when more extensive staff time is required. Actual staff time spent will be charged against the deposit. Various City staff may also charge their time spent on the case in addition to the case planner. Deposit amount may be reduces if, in the opinion of the Community Development Director, the project is expected to take significantly less time to process than the deposit indicates. A determination on the deposit amount shall be made during the pre-application conference by the case planner. Hourly billing shall still apply. All applications must include an Agreement to Pay Application Fees. One payment including the deposit for Planning and referral agency fees must be submitted with each land use application, made payable to the City of Aspen. Applications will not be accepted for processing without the required fee. The Community Development Department shall keep an accurate record of the actual time required for the processing of a land use application requiring a deposit. The City can provide a summary report of fees due at the applicant’s request. The applicant will be billed for the additional costs incurred by the City when the processing of an application by the Community Development Department takes more time or expense than is covered by the deposit. Any direct costs attributable to a project review shall be billed to the applicant with no additional administrative charge. In the event the processing of an application takes less time than provided for by the deposit, the department shall refund the unused portion of the deposited fee to the applicant. Fees shall be due regardless of whether an applicant receives approval. Unless otherwise combined by the Director for simplicity of billing, all applications for conceptual, final and recordation of approval documents shall be handled as individual cases for the purpose of billing. Upon conceptual approval all billing shall be reconciled and past due invoices shall be paid prior to the Director accepting an application for final review. Final review shall require a new deposit at the rate in effect at the time of final submission. Upon final approval all billing shall be again reconciled prior to the Director accepting an application for review of technical documents for recordation. The Community Development Director may cease processing of a land use application for which an unpaid invoice is 30 or more days past due. Unpaid invoices of 90 days or more past due may be assessed a late fee of 1.7% per month. An unpaid invoice o f 120 days or more may be subject to additional actions as may be assigned by the Municipal Court Judge. All payment information is public domain. All invoices shall be paid prior to issuance of a Development Order or recordation of development agreements and plats. The City will not accept a building permit for a property until all invoices are paid in full. For permits already accepted, and unpaid invoice of 90 days or more days may result in cessation of building permit processing or issuance of a stop work order until full payment is made. The property owner of record is the party responsible for payment of all costs associated with a land use application for the property. Any secondary agreement between a property owner and an applicant representing the owner (e.g. a contract purchaser) regarding payment of fees is solely between those private parties. CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT November 2017 City of Aspen|130 S. Galena St.|(970) 920 50ϵ0 Agreement to Pay Application Fees An agreement between the City of Aspen (“City”) and I understand that the City has adopted, via Ordinance No. 30, Series of 2017, review fees for Land Use applications and 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. $.___________flat fee for __________________. $.____________ flat fee for _____________________________ $.___________ flat fee for __________________. $._____________ 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 addit ional 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 no-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 and 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. $________________ deposit for_____________ hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. $________________ deposit for _____________ hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. City of Aspen: ________________________________ Jessica Garrow, AICP Community Development Director ^iŐnatƵre͗ ______________________________________ͺͺͺ PZ/Nd Name: _______________________________________ Title: _____________________________________________ͺCity Use: Fees Due: $____ͺͺͺReceived $_______ Case ηͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ Please type or print in all caps AĚĚress oĨ Property͗ ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ Property Kǁner Name͗ ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ Zepresentative Name ;iĨ ĚiĨĨerent Ĩrom Property KǁnerͿͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ illinŐ Name anĚ AĚĚress Ͳ ^enĚ ills to͗ ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ ontact inĨo Ĩor billinŐ͗ eͲmail͗ ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ PŚone͗ ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ November 2017 City of Aspen|130 S. Galena St.|(970) 920 50ϵ0 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT LAND USE APPLICATION Proũect Name anĚ AĚĚress:_________________________________________________________________________ Parcel ID # (REQUIRED) ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ APPLICANT: Name: ______________________________________________________________________________________________ Address: _______________________________________________________________________________________________ Phone #: ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ email͗ ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ REPRESENTIVATIVE: Name: _________________________________________________________________________________________________ Address:________________________________________________________________________________________________ Phone#: ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ email͗ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ Description: ǆistinŐ anĚ ProposeĚ onĚitions Revieǁ: AĚministrative or oarĚ Zevieǁ Have you included the following?FEES DUE: $ ______________ Pre-Application Conference Summary Signed Fee Agreement HOA Compliance form All items listed in checŬlist on PreApplication Conference Summary Required Land Use Revieǁ(s): 'roǁth Danagement Yuota System ('DYS) required fields͗ Eet Leasaďle square footage ͺͺͺͺͺͺͺͺͺ Lodge Pilloǁsͺͺͺͺͺͺ Free DarŬet dǁelling units ͺͺͺͺͺͺ Affordaďle Housing dǁelling unitsͺͺͺͺͺ ssential Puďlic Facility square footage ͺͺͺͺͺͺͺͺ CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT November 2017 City of Aspen|130 S. Galena St.|(970) 920 50ϵ0 DIMENSIONAL REQUIREMENTS FORM Project anĚ >ocation __________________________________________________________________ͺͺ Applicant: ____________________________________________________________________________ 'ross Lot Area͗ ͺͺͺͺͺͺͺͺͺͺone one District͗ ͺͺͺͺͺͺͺ Eet Lot Area͗ ͺͺͺͺͺͺͺͺͺͺ Please fill out all relevant dimensions ^inŐle Family anĚ Ƶpleǆ ZesiĚential ǆisting Alloǁed Proposed 1Ϳ Floor Area ;sƋƵare ĨeetͿ 2Ϳ DaǆimƵm ,eiŐŚt 3Ϳ Front ^etbacŬ 4Ϳ Zear ^etbacŬ 5Ϳ ^iĚe ^etbacŬs 6Ϳ ombineĚ ^iĚe ^etbacŬs 7Ϳ й ^ite overaŐe ϴͿ DinimƵm Ěistance betǁeen bƵilĚinŐs ProposeĚ й oĨ Ěemolition ͺͺͺͺͺͺ ommercial ProposeĚ hse;sͿͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ ǆisting Alloǁed Proposed 1Ϳ FAZ ;Floor Area ZatioͿ 2Ϳ Floor Area ;sƋƵare ĨeetͿ 3Ϳ DaǆimƵm ,eiŐŚt 4Ϳ KĨĨͲ^treet ParŬinŐ ^paces 5Ϳ ^econĚ dier ;sƋƵare ĨeetͿ 6Ϳ PeĚestrian Amenity ;sƋƵare ĨeetͿ ProposeĚ й oĨ Ěemolition ͺͺͺͺͺͺ ǆisting nonͲconformities or encroachments͗ sariations requested͗ ΎΎPlease reĨer to section 26.575.020 Ĩor inĨormation on Śoǁ to calcƵlate Net >ot Area DƵltiͲĨamily ZesiĚential ǆisting Alloǁed Proposed 1Ϳ NƵmber oĨ hnits 2Ϳ Parcel ensity ;see 26.710.0ϵ0..10Ϳ 3Ϳ FAZ ;Floor Area ZatioͿ 4Ϳ Floor Area ;sƋƵare ĨeetͿ 4Ϳ DaǆimƵm ,eiŐŚt 5Ϳ Front ^etbacŬ 6Ϳ Zear ^etbacŬ 7Ϳ ^iĚe ^etbacŬs ProposeĚ й oĨ Ěemolition ͺͺͺͺͺͺ >oĚŐe AĚĚitional hse;sͿͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ ǆisting Alloǁed Proposed 1Ϳ FAZ ;Floor Area ZatioͿ 2Ϳ Floor Area ;sƋƵare ĨeetͿ 3Ϳ DaǆimƵm ,eiŐŚt 4Ϳ Free DarŬet ZesiĚential;sƋƵare ĨeetͿ 4Ϳ Front setbacŬ 5Ϳ Zear setbacŬ 6Ϳ ^iĚe setbacŬs 7Ϳ KĨĨͲ^treet ParŬinŐ ^paces ϴͿ PeĚestrian Amenity ;sƋƵare ĨeetͿ ProposeĚ й oĨ Ěemolition ͺͺͺͺͺͺ Complete only if required ďy the PreApplication checŬlist COMMUNITY DEVELOPMENT DEPARTMENT November 2017 City of Aspen | 130 S. Galena St. | (970) 920-5090 Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attorney representing the property owner. Property Owner (“I”): Name: Email: Phone No.: Address of Property: (subject of application) I certify as follows: (pick one) □This property is not subject to a homeowners association or other form of private covenant. □This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. □This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I understand that this document is a public document. Owner signature: _________________________ date:___________ Owner printed name: _________________________ or, Attorney signature: _________________________ date:___________ Attorney printed name: _________________________ November 2017 City of Aspen|130 S. Galena St.|(970) 920 50ϵ0 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW PROCEDURE 1.Attend pre-application conference. During this one-on-one meeting, staff will determine the review process which applies to your development proposal and will identify the materials necessary to review your application. 2.Submit Development Application. Based on your pre-application meeting, you should respond to the application package and submit the requested number of copies of the complete application and the application and the appropriate processing fee to the Community Development Department. 3.Determination of Completeness. Within five working days of the date of your submission, staff will review the application, and will notify you in writing whether the application is complete or if additional materials are required. Please be aware that the purpose of the completeness review is to determine whether or not the information you have submitted is adequate to review the request, and not whether the information is sufficient to obtain approval. 4.Staff Review of Development Application. Once your application is determined to be complete, it will be reviews by the staff for compliance with the applicable standards of the Code. During the staff review stage, the application will be referred to other agencies for comments. The Planner assigned to your case or the agency may contact you if additional information is needed or if problems are identified. A memo will be written by the staff member for signature by the Community Development Director. The memo will explain whether your application complies with the Code and will list any conditions which should apply if the application is to be approved. Final approval of any Development Application which amends a recorded document, such as a plat, agreement or deed restriction, will require the applicant to prepare an amended version of that document for review and approval by staff. Staff will provide the applicant with the applicable contents for the revised plat, while the City Attorney is normally in charge of the form for recorded agreements and deed restrictions. We suggest that you not go to the trouble or expense of preparing these documents until the staff has determined that your application is eligible for the requested amendment or exemption. 5.Board Review of Application. If a public hearing is required for the land use action that you are requesting, then the Planning Staff will schedule a hearing date for the application upon determination that the Application is complete. The hearing(s) will be scheduled before the appropriate reviewing board(s). The applicant will be required to nail notice (one copy provided by the Community Development Department) to property owners within 30 feet of the subject property and post notice (sign available at the Community Development Department) of the public hearing on the site at least fifteen (15) days prior to the hearing date (please see Attachment 6 for instructions). The Planning Staff will publish notice of the hearing in the paper for land use requests that require publication. The Planning Staff will then formulate a recommendation on the land use request and draft a memo to the reviewing board(s). Staff will supply the Applicant with a copy of the Planning Staff’s memo approximately 5 days prior to the hearing. The public hearing(s) will take place before the appropriate review boards. Public Hearings include a presentation by the Planning Staff, a presentation by the Applicant (optional), consideration of public comment, and the reviewing board’s questions and decision. (Continued on next page) CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT November 2017 City of Aspen|130 S. Galena St.|(970) 920 50ϵ0 6.Issuance of Development Order. If the land use review is approved, then the Planning Staff will issue a Development Order which allows the Applicant to proceed into Building Permit Application. 7.Receipt of Building Permit. Once you have received a copy of the signed staff approval, you may proceed to building permit review. During this time, your project will be examined for its compliance with the Uniform Building Code. It will also be checked for compliance with applicable provisions of the Land Use Regulations which were not reviewed in detail during the one step review (this might include a check of floor area ratios, setbacks, parking, open space and the like). Fees for water, sewer, parks and employee housing will be collected if due. Any document required to be recorded, such as a plat, deed restriction or agreement, will be reviewed and recorded before a Building Permit is submitted. 1 PRE-APPLICATION CONFERENCE SUMMARY DATE: March 7, 2019 PLANNER: Bob Narracci, 429.2754 PROJECT NAME AND ADDRESS: 64 Pitkin Way PARCEL ID#: 273707323006 REPRESENTATIVE: Scot Broughton / Scot Broughton Architects, LLC DESCRIPTION: The applicant is proposing an adjustment to the platted building envelope on Lot 6 of the Mocklin Subdivision (Plat Book 105, Page 96 / Reception No. 607619). The Mocklin subdivision was approved by Ordinance No. 35, Series of 1995. Lots 1-6 are free market lots with development limited to prescribed building envelopes as noted on the plat. The above referenced subdivision plat includes restrictive language which prohibits improvements outside of the platted building envelope. Specifically, fencing patios, decks, hot tubs, landscaping other than native vegetation and all other development shall be prohibited outside of the designated building envelopes on Lots 1, 2, 3, 4,5 and 6 to protect the natural landscape. Please reference the precise plat note language. Lot 6 is developed with a single-family residence and ancillary improvements. Presently, there are non-conforming ancillary improvements located outside of the platted building envelope, including patios, fire pit, hot tub, pathway, privacy wall and a fence. It is the applicant’s intention to reconfigure the platted building envelope in a manner which will encompass as many of the non-conforming improvements as practicable, without changing the size of the proposed building envelope; as no net gain in envelope size is permitted. Any improvement located outside of the amended and reconfigured building envelope shall be removed and the disturbed areas shall be revegetated with native plant species in accordance with a landscape plan that is approved by the City of Aspen Parks Department. Removal of the non-conforming improvements outside of the amended and reconfigured building envelope, and revegetation of these areas may be included as part of the building permit application to remodel the existing residence. If approved, the Applicant will need to file an updated plat reflecting the new building envelope in accordance with Section 26.490 of the Land Use Code. RELEVANT LAND USE CODE SECTIONS: Section Number Section Title 26.304 Common Development Review Procedures 26.480 Insubstantial Amendment 26.490 Approval Documents For your convenience – links to the Land Use Application and Land Use Code are below: Land Use Application Land Use Code REVIEW BY: • Staff for Complete Application • Staff for land use review REQUIRED LAND USE REVIEW(S): Insubstantial Subdivision Amendment PUBLIC HEARING: None PLANNING FEES: $1,300 Deposit for 4 hours of staff time (additional hours will be billed at $325/hr) 2 REFERRAL FEES: $650 – Parks Dept. Flat fee $325 – Deposit for 1 hour of Engineering (Additional hours will be billed at $325/hr) TOTAL DEPOSIT: $2,275 APPLICATION CHECKLIST – These items should first be submitted in a paper copy. ! Completed Land Use Application and signed Fee Agreement. ! Pre-application Conference Summary (this document). ! Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner’s right to apply for the Development Application. ! Applicant’s name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. ! HOA Compliance form (Attached to Application) ! 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 and relevant land use approvals associated with the property. ! Scaled, existing and proposed site plans ! Site Improvement Survey (no older than a year from submittal) including topography and vegetation showing the current status, certified by a registered land surveyor, licensed in the State of Colorado. ! 24” x 36” paper copy of the draft amended subdivision plat prepared by a registered land surveyor, licensed in the State of Colorado. ! An 8 1/2” by 11” vicinity map locating the parcel within the City of Aspen. ! Written responses to applicable review criteria. Once the application is deemed complete by staff, the following items will then need to be submitted: ! 2 copies of the complete application packet and drawings/survey. ! 1 digital PDF copy of the application. ! Total deposit for review of the application. Depending on further review of the case, additional items may be requested of the applicant. Once the application is deemed complete by staff, the applicant/applicant’s representative will receive an e-mail requesting submission of an electronic copy of the complete application and the deposit. When the deposit is received, the case will be assigned to a planner and the land use review will begin. 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. Stewart Title Company 620 E Hopkins Ave Aspen, CO 81611 Date: September 25, 2019 File Number: 546002 Property Address:115 Miners Trail Road, Aspen, CO 81611 Buyer/Borrower:TBD BUYER Please direct all Title inquiries to: Kurt Beereboom Phone: (970) 925-3577 Fax: (866) 277-9353 Email Address: Kurt.Beereboom@stewart.com TBD BUYER Delivery Method: Emailed Miners Mountain House, LLC Delivery Method: Emailed WIRED FUNDS ARE REQUIRED ON ALL CASH PURCHASE TRANSACTIONS. PLEASE FEEL FREE TO CONTACT THE ESCROW OFFICE AS NOTED ABOVE. We Appreciate Your Business and Look Forward to Serving You in the Future. This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 546002 ALTA Commitment For Title Insurance 8-1-16 Page 1 of 3 ALTA COMMITMENT FOR TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY COMPANY NOTICE IMPORTANT - READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I - Requirements; Schedule B, Part II - Exceptions; and the Commitment Conditions, STEWART TITLE GUARANTY COMPANY, a Texas corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I - Requirements have not been met within six months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. Stewart Title Company 620 E Hopkins Ave Aspen, CO 81611 For purposes of this form the “Stewart Title” logo featured above is the represented logo for the underwriter, Stewart Title Guaranty Company. This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 546002 ALTA Commitment For Title Insurance 8-1-16 Page 2 of 3 COMMITMENT CONDITIONS 1.DEFINITIONS (a)“Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records. (b)“Land”: The land described in Schedule A and affixed improvements that by law constitute real property. The term “Land” does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (c)“Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law. (d)“Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (e)“Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. (f)“Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (g)“Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (h)“Title”: The estate or interest described in Schedule A. 2.If all of the Schedule B, Part I - Requirements have not been met within the time period specified in the Commitment to Issue Policy, this Commitment terminates and the Company’s liability and obligation end. 3.The Company’s liability and obligation is limited by and this Commitment is not valid without: (a)the Notice; (b)the Commitment to Issue Policy; (c)the Commitment Conditions; (d)Schedule A; (e)Schedule B, Part I - Requirements; (f)Schedule B, Part II - Exceptions; and (g)a countersignature by the Company or its issuing agent that may be in electronic form. 4.COMPANY’S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5.LIMITATIONS OF LIABILITY (a)The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured’s good faith reliance to: (i)comply with the Schedule B, Part I - Requirements; (ii)eliminate, with the Company’s written consent, any Schedule B, Part II - Exceptions; or (iii)acquire the Title or create the Mortgage covered by this Commitment. (b)The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (c)The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 546002 ALTA Commitment For Title Insurance 8-1-16 Page 3 of 3 (d)The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. (e)The Company shall not be liable for the content of the Transaction Identification Data, if any. (f)In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I - Requirements have been met to the satisfaction of the Company. (g)In any event, the Company’s liability is limited by the terms and provisions of the Policy. 6.LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT (a)Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. (b)Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment. (c)Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (d)The deletion or modification of any Schedule B, Part II - Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (e)Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. (f)When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy. 7.IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company’s agent for the purpose of providing closing or settlement services. 8.PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9.ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at <http://www.alta.org/arbitration>. STEWART TITLE GUARANTY COMPANY All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252-2029. ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE A ISSUED BY STEWART TITLE GUARANTY COMPANY This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 546002 ALTA Commitment For Title Insurance 8-1-16 (4-2-18) Page 1 of 6 Transaction Identification Data for reference only: Issuing Agent:Stewart Title Company Issuing Office:620 E Hopkins Ave, Aspen, CO 81611 Issuing Office’s ALTA® Registry ID: Loan ID Number: Commitment Number:546002 Issuing Office File Number:546002 Property Address:115 Miners Trail Road, Aspen, CO 81611 Revision Number: 1.Commitment Date: September 23, 2019 at 8:00AM 2.Policy to be issued:Proposed Policy Amount (a)ALTA Owner’s Standard Proposed Insured: TBD BUYER (b)ALTA Loan Standard Proposed Insured: 3.The estate or interest in the Land described or referred to in this Commitment is: FEE SIMPLE 4.The Title is, at the Commitment Date, vested in: Miner's Mountain House LLC, a Colorado Limited Liability Company 5.The Land is described as follows: See Exhibit “A” Attached Hereto ALTA COMMITMENT FOR TITLE INSURANCE EXHIBIT “A” LEGAL DESCRIPTION ISSUED BY STEWART TITLE GUARANTY COMPANY This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 546002 ALTA Commitment For Title Insurance 8-1-16 (4-2-18) Page 2 of 6 File No.: 546002 Lot 6, MOCKLIN SUBDIVISION, according to the Plat thereof recorded June 14, 1996 in Plat Book 39 at Page 92 and the First Amendment to the Final Plat of Mocklin Subdivision recorded August 4, 1998 in Plat Book 45 at Page 59 and Second Amendment to the Final Plat of Mocklin Subdivision recorded January 29, 2014 in Plat Book 105 at Page 96. COUNTY OF PITKIN, STATE OF COLORADO. ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART I ISSUED BY STEWART TITLE GUARANTY COMPANY This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 546002 ALTA Commitment For Title Insurance 8-1-16 (4-2-18) Page 3 of 6 File No.: 546002 Requirements All of the following Requirements must be met: 1.The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2.Pay the agreed amount for the estate or interest to be insured. 3.Pay the premiums, fees, and charges for the Policy to the Company. 4.Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. 5.Vesting Deed recorded as Reception No.530893 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. ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II ISSUED BY STEWART TITLE GUARANTY COMPANY This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 546002 ALTA Commitment For Title Insurance 8-1-16 (4-2-18) Page 4 of 6 Exceptions File No.: 546002 THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: 1.Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I - Requirements are met. 2.Rights or claims of parties in possession, not shown by the public records. 3.Easements, or claims of easements, not shown by the public records. 4.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. 5.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. 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 Patent recorded December 24, 1902 in Book 55 at Page 116. ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II ISSUED BY STEWART TITLE GUARANTY COMPANY This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 546002 ALTA Commitment For Title Insurance 8-1-16 (4-2-18) Page 5 of 6 11.Terms, conditions, obligations and provisions of Agreement as set forth in instrument recorded November 18, 1966 in Book 224 at Page 220. 12.Ordinance No. 72 (Series of 1992) recorded December 9, 1993 in Book 734 at Page 429 as Reception No. 364390. 13.Resolution No. 8, Series of 1995, A Resolution of the City Council of the City of Aspen, Colorado, Approving a Grant of a Trail Easement and Temporary Construction Easement and Access License Agreement and Grant of Trail Easement contained therein, recorded March 24, 1995 in Book 777 at Page 114 as Reception No. 380007. 14.Ordinance No. 35 (Series of 1995), An Ordinance of the Aspen City Council Granting a Subdivision, Map Amendment, and Vested Rights Status for the Creation of Seven Subdivided Parcels, and the Rezoning of the Seventh Parcel from Residential/Multi-Family (A) to Affordable Housing, recorded October 30, 1995 in Book 798 at Page 44 as Reception No. 386862 and recorded December 20, 1995 in Book 802 at Page 765 as Reception No. 388441. 15.Easements, rights of way and all other matters as shown and contained on the Mocklin Property Rezoning Map recorded December 9, 1993 in Plat Book 33 at Page 39 as Reception No. 364391. 16.Subdivision Agreement for the Mocklin Subdivision as set forth in instrument recorded June 14, 1996 as Reception No. 393680. 17.Easements, rights of way and other matters as shown and contained on Plat of Mocklin Subdivision recorded June 19, 1996 in Plat Book 39 at Page 92 as Reception No. 393681 and First Amendment to the Final Plat of Mocklin Subdivision recorded August 4, 1998 in Book 45 at Page 59 as Reception No. 420218 and Second Amendment to Final Plat recorded January 29, 2014 in Plat Book 105 Page 96 as Reception No. 607619. 18.Terms, conditions, obligations, provisions easements and assessments of Protective Covenants for Mocklin Subdivision as set forth in instrument recorded August 11, 1998 as Reception No. 420513, and First Amendment to Protective Covenants recorded August 28, 1998 as Reception No. 421197 and as Amended by Amendment Agreement recorded May 1, 2000 as Reception No. 442851. 19.Trench, Conduit, and Vault Agreement as set forth in instrument recorded September 14, 1998 as Reception No. 421898. 20.Pretapping Agreement between the City of Aspen, a Colorado municipal corporation and home rule city and Creekstone Aspen, LLC as set forth in instrument recorded November 5, 1998 as Reception No. 424168. 21.Resolution No. 10 (Series of 1999), a Resolution of the City Council of the City of Aspen, Colorado, Authorizing Execution of the "Raw Water Agreement" with Mocklin Homeowners Association LLC recorded April 12, 1999 as Reception No. 429790. 22.Amended Raw Water Agreement by and between the City of Aspen and the Mocklin Homeowner's Association, LLC as set forth in instrument recorded December 6, 1999 as Reception No. 438313. ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II ISSUED BY STEWART TITLE GUARANTY COMPANY This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 546002 ALTA Commitment For Title Insurance 8-1-16 (4-2-18) Page 6 of 6 23.Ordinance No. 49, Series of 2013 recorded December 6, 2013 as Reception No. 606304. 24.Agreement for Revocable Encroachment recorded September 24, 2014 as Reception No. 613801. 25.Any and all existing leases and tenancies. ALTA COMMITMENT FOR TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY COMPANY This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 546002 ALTA Commitment For Title Insurance 8-1-16 File No.: 546002 STATEMENT OF CHARGES These charges are due and payable before a policy can be issued: Rate Title Report: $300.00 DISCLOSURES File No.: 546002 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 8-1-2, Section 5, Paragraph G 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 Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 1 will not appear on the Owner’s Title Policy and the Lender’s Title Pol icy when issue d. 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. Notice of Availability of a Closing Protection Letter: Pursuant to Colorado Division of Insurance Regulation 8-1-3, Section 5, Paragraph C (11)(f), a closing protection letter is available to the consumer. 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.: 546002 Revised 11-19-2013 Stewart Title Guaranty Company Privacy Notice 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 title affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm-Leach-Bliley Act (GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business—to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers' personal information; the reasons that we choose to share; and whether you can limit this sharing. Reasons we can share your personal information.Do we share Can you limit this sharing? For our everyday business purposes— to process your transactions and maintain your account. This may include running the business and managing customer accounts, such as processing transactions, mailing, and auditing services, and responding to court orders and legal investigations. Yes No For our marketing purposes— to offer our products and services to you. Yes No For joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes— information about your transactions and experiences. Affiliates are companies related by common ownership or control. They can be financial and non-financial companies. Our affiliates may include companies with a Stewart name; financial companies, such as Stewart Title Company Yes No For our affiliates' everyday business purposes— information about your creditworthiness.No We don't share For our affiliates to market to you — For your convenience, Stewart has developed a means for you to opt out from its affiliates marketing even though such mechanism is not legally required. Yes Yes, send your first and last name, the email address used in your transaction, your Stewart file number and the Stewart office location that is handling your transaction by email to optout@stewart.com or fax to 1-800-335-9591. For non-affiliates to market to you. Non-affiliates are companies not related by common ownership or control. They can be financial and non-financial companies. No We don't share 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 notify me about their practices? We must notify you about our sharing practices when you request a transaction. How do the Stewart Title Companies protect my personal information? To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer, file, and building safeguards. How do the Stewart Title Companies collect my personal information? We collect your personal information, for example, when you ·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, 1360 Post Oak Blvd., Ste. 100, Privacy Officer, Houston, Texas 77056 (419) 466-3661 Authorized Agent Scot Broughton Scot Broughton Architects, LLC Box 4096 Basalt, CO 81621 (970) 927-0552 ADDRESS; PERMIT NUMBER: COMMUNITY DEVELOPMENT DEPARTMENT HOMEOWNER ASSOCIATION COMPLIANCE FORM THE CITY of ASPEN All applications for a building permit within the City of Aspen are required to include a certification of compliance with applicable covenants and homeowner association policies. The certification must be signed by the property owner or attorney representing the property owner. The following certification shall accompany the application for a permit. 1'*''j7 (Q ADDRESS [ 1�`{^ ; t C I.lGt 4r1 UNIT» 7_ PARCEL ID q e(. ` o �,� 3 V 0 �!— I, the property owner, certify as follows: (pick one) ❑ This property is not subject to a homeowners association or other form of private covenant. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this building permit do not require approval by the homeowners association or covenant beneficiary. This property is subject to a homeowners association or private covenant and the improvements osed in this building permit have been approved by the homeowners association or covenant beneficiary. I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning, or effect of private covenants or homeowner associ n rut or bylaws. I understand that this document is a public document. Owner Signature Date &�)V/1? Owner Printed Namef� OR Owner's Attorney Signature Owner's Attorney Printed Name Date CITY OF ASPENJanuary2018 130 S. GALENA ST I ASPEN, CO 81611 SCOT BROUGHTON Architects , LLC PO Box 4096 / 23280 Two Rivers Rd., Unit 3 / Basalt, Co 81621 [t] 970/927-0552 / [f] 970/927-0554 / [e] sbarchitectsco@mac.com S B A October 1, 2019 Bob Narracci City of Aspen Planner 130 S. Galena St. Aspen, CO 81611 RE: 115 Miners Trail Road Building Envelope Modification. (State Parcel ID# 273707323006). Dear Bob: Please accept this letter and accompanying attachments as 115 Miners Trail Road, an ownership controlled by Gary Delman (the applicant), request for the City of Aspen to consider a building envelope modification to the plated envelope as recorded in the Plat, Book 105, Page 96 for Lot 6 of the Mockiln Subdivision. CONTENTS: I. Written description II. Existing conditions III. Proposed development Written Description: 115 Miners Trail Road, owned by Miners Mountain House, LLC, is controlled by Gary and Andrea Delman hereinafter referred to as " Applicant". (Parcel ID # 273707323006). The Applicant is represented in this application by Scot Broughton Architects LLC. The Applicant is requesting a reconfiguration to the plated building envelope to encompass existing non-conforming improvements, and encompass new development without changing the size of the new envelope as a no net gain envelope modification. Existing Conditions The property- Lot 6 of the Mocklin Subdivision – is 0.592 acres in size (25,794 SF) with a existing platted building envelope of 5324.8 SF. The site consists of a three story single family residence (1 story below grade, and 2 stories above grade). The site consists of a concrete snow melted driveway on the north side of the property, and exterior terraces, outdoor fireplace, and small fenced yard on the south side of the property. The majority of the property is native vegetation. Existing improvements that are located outside of the platted building envelope, include part of the south patios, part of the fire pit, a hot tub, an entry pathway, and a fence. PO Box 4096 / 23280 Two Rivers Road, Unit 3 / Basalt, Colorado 81621 [t] 970/927-0552 [f] -0554 / [c] 970/379-6695 / [e] sbarchitects@sopris.net S B A Existing Residence Calculated floor area: • Lower Level = +/- 2379 SF • Main Level = +/- 2378 SF • Garage = +/- 587 SF • Upper Level = +/- 1643 SF Per the City of Aspen methodology of FAR calculations with adjusted basement SF, adjusted garage SF, decks, and roof overhangs the Total Existing SF is 4590. Less than the 5148 square feet allowable for the 25,794 SF R-15A lot. All utilities are existing and extend to the site and house. Vegetation: The majority of vegetation on the property is native grasses, and native Aspen and Spruce trees. Areas of maintained vegetation are flower gardens, minimal sod areas, and Aspen and Spruce trees. Neighboring homes are located to the west, and across Miners Trail Road to the north. The property is bordered to the east by Lone Pine Road, and a RAFTA bus stop., and on the south by Gibson Ave. Proposed Development The Applicant is proposing to reconfigure the shape of the building envelope to harness some of the sites existing non-conforming conditions, and to encompass new proposed site improvements. It is the Applicants intent to maintain the building envelope size of 5324.8 SF with no net gain in size difference form the existing building envelope. The Applicant is proposing to remodel the exterior of the residence by modifying the existing roof eaves, remove and replace the existing wood siding with new wood siding, treat the existing stone veneer with a gray wash finish, replace the cedar shake roof with standing seam metal roofing, and replace all existing windows with higher performing new windows. Additionally, the existing concrete driveway is spawling, and in need of repair. It is the applicant’s intention to remove and replace the snow melted drive way with new concrete. All existing exterior patios are to reduce in size, and existing random stone pavers removed and replace with new stone pavers. The existing hot tub is to also be removed. Additionally, the Applicant is not proposing any SF change in the size of the existing residence. Other than the removal of 3 Aspen Trees, and 2 Spruce trees all vegetation is to remain. PO Box 4096 / 23280 Two Rivers Road, Unit 3 / Basalt, Colorado 81621 [t] 970/927-0552 [f] -0554 / [c] 970/379-6695 / [e] sbarchitects@sopris.net S B A Attachments with this Application Pre-Application Conference Summary Land Use Application Signed Fee Agreement Owner Authorization Disclosure of Ownership. A current certificate from a title company is attached. Signed HOA Compliance Form Relevant Land Use Sections The City of Aspen Community Development Department pre –application conference summary sheet for the proposed development is found in the attachments. This section for the application demonstrates compliance with the applicable sections of the City of Aspen Land Use Code identified in the pre- application conference summary sheet. Land Use Code Sections: Section Number Section Title 26.304 Common Development Review Procedures 26.480 Insubstantial Amendment 26.490 Approval Documents *** The Land Use Code standard headings appear in bold with the standards in Italics followed by the Applicant’s responses as bullet points. 26.304 COMMON DEVELOPMNENT REVIEW PROCEEDURES 26.304.010. General. 26.304.020. Pre-application conference. 26.304.030. Application and fees. 26.304.040. Initiation of Application for Development Order. 26.304.050. Determination of completeness and review by the Community Development Director. 26.304.060. Review of a development application by decision-making bodies. 26.304.065. Compliance with City of Aspen Charter. 26.304.070. Applicability of land use code amendments. 26.304.080. Development orders. 26.304.090. Building permit. • The Applicant is aware of and understands the criteria for the Common Development Review Procedures, and will meet the above requirements of Section 26.304 of the Municipal Code as applicable to this land use application. PO Box 4096 / 23280 Two Rivers Road, Unit 3 / Basalt, Colorado 81621 [t] 970/927-0552 [f] -0554 / [c] 970/379-6695 / [e] sbarchitects@sopris.net S B A Chapter 26.480 SUBDIVISION Sec. 26.480.010 Purpose. Sec. 26.480.020 Applicability, prohibitions and lot merger. Sec. 26.480.030 Procedures for review. Sec. 26.480.040 General subdivision review standards. • The Applicant is aware of the above sections. However, the Mocklin Subdivision is an approved subdivision, and the above sections are not applicable to this application. Sec. 26.480.050 Administrative subdivisions. C. Boundary Adjustment. An adjustment of a lot line between contiguous lots shall be approved, approved with conditions, or denied by the Community Development Director, pursuant to Section 26.480.030, Procedures for Review, according to the following standards: 1. The request permits a boundary adjustment between contiguous parcels or corrects an error in a recorded plat. 2. The adjustment results in the same number of parcels. Changes in development rights for the individual lots may occur unless specifically prohibited by the original subdivision documents. 3. The request complies with the requirements of Section 26.480.040, General Subdivision Review Standards. 4. The adjustment does not result in a parcel lying in more than one zone district. For adjustments between parcels located in different zone districts, the adjustment shall be approved only upon an amendment to the Official Zone District Map. (Please see Section 26.304.060.B.2 and Chapter 26.310.) 5. For adjustments between parcels located in a Planned Development, the adjustment shall be approved conditioned upon an amendment to the Planned Development approvals or designated area, as applicable. (Please see Section 26.304.060.B.2 and Chapter 26.445.) 6. The Boundary Adjustment Plat shall be reviewed and recorded in the office of the Pitkin County Clerk and Recorder, pursuant to Chapter 26.490 – Approval Documents. No subdivision agreement need be prepared or entered into between the applicant and the City unless the Community Development Director determines such an agreement is necessary. • This application is not requesting a lot line adjustment between contiguous lots, but is requesting a Building Envelopment boundary adjustment to the existing Building Envelope on Lot 6 of the Mocklin Subdivision. This adjustment does not effect the number of parcels within the subdivision, and complies with general subdivision review standards. The building envelope adjustment request does not change existing zoning classification or cause for multiple zone overlays. No change in envelope size is requested. PO Box 4096 / 23280 Two Rivers Road, Unit 3 / Basalt, Colorado 81621 [t] 970/927-0552 [f] -0554 / [c] 970/379-6695 / [e] sbarchitects@sopris.net S B A Sec. 26.480.060 Minor subdivisions. Sec. 26.480.070 Major subdivisions. Sec. 26.480.080 Subdivision application contents. • The Applicant is aware of the above sections. However, the Mocklin Subdivision is an approved subdivision, and the above sections are not applicable to this application. Sec. 26.480.090 Subdivision Amendments. B. Insubstantial amendment. An insubstantial amendment to an approved subdivision or between adjacent subdivisions may be authorized by the Community Development Director. An insubstantial amendment shall be limited to technical or engineering considerations which could not reasonably have been anticipated during the approval process or any other minor change to a subdivision which the Community Development Director finds has no substantial effect upon the subdivision or to the allowances and limitations of the subdivision. • This application is an Insubstantial Amendment to for a minor change in building envelope configuration that will result in a no net gain in size, but encompass non-conforming site improvements, and has no substantial effect upon the Mocklin Subdivision. Sec. 26.480.100 Appeals. • The Applicant understands the above section. Chapter 26.490 APPROVAL DOCUMENTS 26.490.010 Purpose. 26.490.020 Applicability. 26.490.030 Procedures and Standards for Review 26.490.040 Approval Documents Content and Form 26.490.050 Development Agreements. 26.490.060 Financial and Site Protection Requirements 26.490.070 Performance Guarantees 26.490.080 Deadlines and Extensions 26.490.090 Appeals • The Applicant is aware of and understands the criteria for the Approval Documents, and will meet the above requirements of Section 26.490 of the Municipal Code as applicable to this land use application. PO Box 4096 / 23280 Two Rivers Road, Unit 3 / Basalt, Colorado 81621 [t] 970/927-0552 [f] -0554 / [c] 970/379-6695 / [e] sbarchitects@sopris.net S B A Please contact me if any additional information or clarification is needed. Respectfully, Scot Broughton SHEET NO. SHEET TITLE PROJECT DATA COPYRIGHT ISSUED FOR GENERAL All designs ideas, arrangements and plans indicatedby these drawings and specifications are the propertyand copyright of the Architect and shall neither beused on any other work nor be used by any otherperson for any use whatsoever without writtenpermission Written dimensions shall take precedence over scaleddimensions and shall be verified at the job site. Anydimensional discrepancy shall be brought to theattention of the Architect prior to commencement ofthe work DRAWN BY: CHECKED BY: ISSUE DATE: SHEET: A S -1.1 PROGRESS SET: 9/24/19 SCOT BROUGHTON Architects, LLC PO Box 4096 / 23280 Two Rivers Rd., Unit 3 / Basalt, CO 81621 [t] 970/927-0552 [f] 0554 / [e] sbarchitects@sopris.net DELMAN HOUSE ALFRED N BEADLESTON SCOT BROUGHTON 6/15/09 12 of 42 SBA 115 MINERS TRAIL ROAD ASPEN, CO 81611 1" = 10' EXISTING SITE+LANDSC APE PLAN SNOWMELTED 1,328.75 sq ft UP PLAN NORTH 0 5'10'20' REF. DW DW T.O. F.F. 100.188' 7,910.188' EXISTING ASPEN TREES TO REMAIN EXISTING SPRUCE TREES TO REMAIN TREES TO BE REMOVED TREES TO BE REMOVED BOULDER WALL BOULDER WALL EXISTING FENCE TO BE REMOVED (S89°20'00"E 70.54') (N 1 5 °3 1 '2 7 "W 3 0 1 .9 0 ' - B A S I S O F B E A R I N G S ) (S 1 5 °3 1 '2 7 "E 9 3 .5 2 ') (S00°40'00"W 140.65')S00°45'06"W 140.75' S89°20'00"E 70.51' N 1 5 °3 1 '2 7 "W 3 0 1 .6 8 ' S 1 5 °3 1 '2 7 "E 9 3 .6 5 ' 7910 E X I S T I N G B L D G . E N V E L O P E EXISTING BLDG. ENVELOPE EXISTING ENVELOPE 5,324.75 sq ft 7915 SCALE: 1" = 10'1EXISTING SITE+LANDSCAPE PLAN NOTES: REMOVED HOT TUB & AREA OF PATIO REMOVE WALL, FIREPLACE, BBQ, & AREA OF PATIO REMOVED CONC. DRIVE REMOVE STONE PAVERS @ ALL PATIOS & ENTRY STOOP REMOVE EXISTING FENCE 1 2 3 4 5 1 2 4 2 5 4 4 3 SHEET NO. SHEET TITLE PROJECT DATA COPYRIGHT ISSUED FOR GENERAL All designs ideas, arrangements and plans indicatedby these drawings and specifications are the propertyand copyright of the Architect and shall neither beused on any other work nor be used by any otherperson for any use whatsoever without writtenpermission Written dimensions shall take precedence over scaleddimensions and shall be verified at the job site. Anydimensional discrepancy shall be brought to theattention of the Architect prior to commencement ofthe work DRAWN BY: CHECKED BY: ISSUE DATE: SHEET: A S-1.2 PROGRESS SET: 9/24/19 SCOT BROUGHTON Architects, LLC PO Box 4096 / 23280 Two Rivers Rd., Unit 3 / Basalt, CO 81621 [t] 970/927-0552 [f] 0554 / [e] sbarchitects@sopris.net DELMAN HOUSE ALFRED N BEADLESTON SCOT BROUGHTON 6/15/09 13 of 42 SBA 115 MINERS TRAIL ROAD ASPEN, CO 81611 1" = 10' PROPOSED SITE+LANDSC APE PLAN SNOWMELTED 1,328.75 sq ft UP PLAN NORTH 0 5'10'20' REF. DW DW T.O. F.F. 100.188' 7,910.188' T.O. NEW PATIO 100.124' EXISTING ASPEN TREES TO REMAIN EXISTING SPRUCE TREES TO REMAIN BOULDER WALL BOULDER WALL (S89°20'00"E 70.54') (N 1 5 °3 1 '2 7 "W 3 0 1 .9 0 ' - B A S I S O F B E A R I N G S ) (S 1 5 °3 1 '2 7 "E 9 3 .5 2 ') (S00°40'00"W 140.65')S00°45'06"W 140.75' S89°20'00"E 70.51' N 1 5 °3 1 '2 7 "W 3 0 1 .6 8 ' S 1 5 °3 1 '2 7 "E 9 3 .6 5 ' 7910 PROPOSED BLDG. ENVELOPE PROPOSED BLDG. ENVELOPE REVISED ENVELOPE 5,324.75 sq ft 7915 SCALE: 1" = 10'1PROPOSED SITE+LANDSCAPE PLAN NOTES: SECTION OF NEW PATIO NEW CONC. DRIVE- PATTERNED NEW PATIO PAVERS STEPPING STONE PAVERS NEW FIRE PIT CLEAN EXISTING PLANTINGS & REWORK EXISTING BOULDER WALL 1 2 3 4 5 6 1 2 3 3 5 3 6 6 3 WV LOT 7 0% - 20% SLOPES (23,600 SQ.FT.) 20% - 30% SLOPES (1,006 SQ.FT.) FOUND 30% - 40% SLOPES (601 SQ.FT.) f � �\ � - - NO.5 REBAR ^ \ \ / (1.2' WITNESS CORNER) \ \ 1 10' UTILITY o 1Z � 1 40% + SLOPES (587 SQ.FT.) EASEMENT / e \ 7910-FOUND REBAR\&11 j BK.105 PG.96 0 _� PLASTIC CAP �� -►rcH LS28643 1 I \ (WINDOW WELLS & BOULDER WALL NOT INCLUDED) 1.72, 71 42.71' T \ STORM WATER S89*20'00"E 70.51' GRATE INLET (S89'20'00'E 70.54') I I I 35' ACCESS & "'cA g.92 2 • ACCESS & UTILITY I I I I I UTILITY EASEMENT EASEMENT LOT 6 \ III (I I BK.105 PG.96 3 BK.105 PG.96 CONC. I I (\ I 42 ��G •4 WALK 1 ® 9.83 5 11 1 1\ 1 > / 06 7\ STONE 11 1 1 I �� • WALK I p 9.60 I I I I 1 I 0. �%%" 9.94 -0�u✓ APRX. ROOF I I I 1p.040• g g OVERHANG I I I � I � s8s•2o'oo"E s.10' '_ I I I I I I TRANSFORMER _ •i 0 I I III EASEMENT BRICK BK.105 PG.96 DRIVEWAY 9.4ss K 6 9.7 3 9.65 N 9.9' o 2. 0 N I I m I 0 0 1 \ 9.69 Z m 2.0' L0 o35• �F.F. A co � 7 \ \ \ II 3 0,* 1 6 2-STORY I 14 \ I II Lo c CD N I WOOD & STONE I • SIDED HOUSE L 9.3 be d 34 9 66 W / BASEMENT 1 I ii �G LOT 5 v 115 MINERS TRAIL RD. 6.5' �J 16 \G 0 PN.273707323006 �33 co17 I GO F.F. DOORWAY 9.8 i THRESHOLD \ 7910.18' 2.5' \O 18 \ ,BUS • \ \ \ STOP. STONE WINDOW I 19 10.08 GAG \ WELL (TYP.) 1.4 9.0' 1 7.5' \\ \ \- - 125 24DUI \\ 21.4' R // 9:6 20 20' UTILITY I I \\ I >1 \ j- IN \ EASEMENT b / S89'20'00"72. E 23' � \ BK.105 PG.96 -ND o ( \ Z \ \ ao FLAGSTONE PATIO o m \ W+ W\ \ I T�g ROCK RET. WALL (�') * D \ \ I FOUND REBAR & (TYP.) N o. \ C.O.A. PLASTIC CAP 9.64 9.66 CONTROL PT. LS28643 \ N4352'48"E 26 \ \ S-159 14.61' (TIE) 1 7910 �� \ tA\ \\ \ I 1 30 29 \ \� 0 \\ I \ 9s , / 1✓ \ \\ \ I 1 o.6f' \ \ \\ \ \\ I I \,� (ENCROACHES) WOOD SPLIT -RAIL FENCE (IYP.) I \Ln LOT 6 25,794 SQ. FT. \ \ \ LA W 0.592 ACRES II \ FOUND REBAR & PLA C\ N CAP LS28643 \ \ \ \ (8.0' WITNESS CORNER) qn 41 EL:7910.17' 0 o • rn co I /O RM WATER CAOTCH BASIN I FOUND REBAR & I \ PLASTIC CAP .� I 1 • ' ` - LS28643 R=1163.00' L=79.14' IN. CB=N67'09'24"W CL=79.12 A GIBS \ \\ \� � I � FOUND (D=03'54'26') �ELi ��T \ \, E NO.5 REBAR / 5 (R=1163.00') O (� h'OA �� (4.0' WITNESS CORNER) C.O.A. (L=79.31') CONTROL CL OLPT. (CB=N(029') '1 9j�I�s/ - - - - - \- D=07'32'23" R=475.00' ' L=62.51' / CB=N61'25'28"W / CL=62.46' / O (D=07'33'25') (R=475.00') (L=62.65') 0 (CB=N61 "19'17'W) (CL=62.60') CITY OF ASPEN p1� _�i-rXT VICINITY MAP N 0 20 40 SCALE: 1 "=20' OO FOUND PROPERTY CORNER AS DESCRIBED ® ROOF DRAIN INTO GROUND OS SEWER MANHOLE ® STORM GRATE INLET OD STORM WATER MANHOLE Q ELECTRICAL OUTLET OE ELECTRIC MANHOLE -a- TRAFFIC SIGN wv N WATER VALVE ■ ■ ■ ■ ■ ■ ■ 1 18" C.P.P. (CULVERT) © GAS METER Jr BURIED ELECTRIC, PHONE & CABLE T.V. (JOINT TRENCH) ❑E ELECTRIC METER ELEC. TO WEST, CABLE IN CENTER, PHONE TO EAST EACH SEPARATED BY 1'f EP ELECTRIC PANEL ET ELECTRIC TRANSFORMER „G BURIED GAS LINE uw BURIED WATER LINE ® PHONE PEDESTAL ss SANITARY SEWER LINE Tv❑ CABLE TV PEDESTAL s.6 O SPOT ELEVATION (7909.8) OO AIR VENT ° O TREE ® SEWER CLEANOUT (PVC) (DECIDIOUS) LIGHT POLE TREE (CONIFEROUS) ® A.C. UNIT ON CONC. PAD () RECORD MEASUREMENTS TREE CHART NUMBER TYPE TRUNK DIA. DRIPLINE DIA. 1 DECIDIOUS 7"-9" 11' 2 DECIDIOUS 7" 11' 3 DECIDIOUS 8" 12' 4 DECIDIOUS 8" 12' 5 DECIDIOUS 8" 12' 6 DECIDIOUS 10" 12' 7 DECIDIOUS 8"-8"-9" 16' 8 DECIDIOUS 10" 12' 9 DECIDIOUS 9" 18' 10 DECIDIOUS 7" 14' 11 DECIDIOUS 5" 10' 12 CONIFEROUS 7"-7" 11' 13 CONIFEROUS 4" 10' 14 CONIFEROUS 7" 14' 15 CONIFEROUS 8" 14' 16 DECIDIOUS 8"-8"-9" 16' 17 DECIDIOUS 4" 8" 18 DECIDIOUS 10" 16' 19 DECIDIOUS 6"-8" 12' 20 DECIDIOUS 4"-6"-7" 14' 21 CONIFEROUS 4" 6' TREE CHART NUMBER TYPE TRUNK DIA. DRIPLINE DIA. 22 DECIDIOUS 4"-4"-6" 12' 23 CONIFEROUS 6" 8' 24 CONIFEROUS 6" 10' 25 DECIDIOUS 5"-6"-12" 16' 26 CONIFEROUS 5"-7" 14' 27 CONIFEROUS 7" 10' 28 CONIFEROUS 7" 9' 29 DECIDIOUS 6" 12' 30 DECIDIOUS 5"-6" 12' 31 CONIFEROUS 7" 12' 32 DECIDIOUS 6" 12' 33 DECIDIOUS 6"-6" 12' 34 DECIDIOUS 9" 10' 35 DECIDIOUS 8" 16' 36 CONIFEROUS 5" 10' 37 DECIDIOUS 5" 14' 38 CONIFEROUS 8" 14' 39 DECIDIOUS 5"-7" 14' 40 CONIFEROUS 10" 12' 41 CONIFEROUS 10" 12' 42 DECIDIOUS 20" 30' IMPROVEMENT SURVEY PLAT WITH TOPOGRAPHY LOT 6, MOCKLIN SUBDIVISION Located in the Southwest 1/4, Section 7 Township 10 South, Range 84 West of the 6th P.M. City of Aspen, Pitkin County, Colorado PROPERTY DESCRIPTION LOT 6, SECOND AMENDMENT TO THE FINAL PLAT OF MOCKLIN SUBDIVISION, RECORDED JANUARY 29, 2014 AT BOOK 105, PAGE 96 AS RECEPTION NO. 607619, PITKIN COUNTY, COLORADO. NOTES 1. DATE OF SURVEY: JUNE 27 - JULY 17, 2019. 2. PROPERTY ADDRESS: 115 MINERS TRAIL RD. 3. BEARINGS ARE BASED ON THE LINE BETWEEN THE NORTHEAST CORNER OF LOT 6 BEING A FOUND REBAR & PLASTIC CAP LS28643 AND THE SOUTHEAST WITNESS CORNER OF LOT 6, BEING A FOUND NO.5 REBAR WITH A BEARING OF N1531'27"W AS SHOWN HEREON. 4. LINEAR UNITS USED TO PERFORM THIS SURVEY WERE U.S. SURVEY FEET, ERROR OF CLOSURE IS LESS THAN 1/15,000. 5. THIS SURVEY IS BASED ON THE SECOND AMENDMENT TO THE FINAL PLAT OF MOCKLIN SUBDIVISION, RECORDED JANUARY 29, 2014 AT BOOK 105, PAGE 96 AS RECEPTION NO. 607619, PITKIN COUNTY, COLORADO. 6. THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A TITLE COMMITMENT, THEREFORE, ANY EXCEPTION TO TITLE THAT MAY AFFECT THE SUBJECT PROPERTY HAVE NOT BEEN RESEARCHED BY MERIDIAN LAND SURVEYING, LLC. 7. ELEVATIONS SHOWN HEREON ARE BASED ON NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD88) REFERENCED FROM NATIONAL GEODETIC SURVEY (NGS) BENCHMARK STATION S-159 HAVING A PUBLISHED ELEVATION OF 7720.88'. 8. THIS PROPERTY IS LOCATED IN ZONE X ACCORDING TO THE FLOOD INSURANCE RATE MAP 08097CO204 C, EFFECTIVE DATE JUNE 24, 1987. COMMUNITY NAME: ASPEN, CITY OF COMMUNITY NUMBER: 080143 PANEL: 204 OF 325 SUFFIX: C 9. BUILDING DIMENSIONS ARE TO STONE SIDING. 10. CONTOUR INTERVALS EQUALS 1 FOOT. 11. UNDERGROUND UTILITIES HAVE BEEN MARKED BY OTHERS, ONLY PAINT MARKS AND PIN FLAGS HAVE BEEN LOCATED BY MERIDIAN LAND SURVEYING, LLC. THE ACTUAL LOCATION OF ALL UNDERGROUND UTILITIES MUST BE FIELD VERIFIED PRIOR TO CONSTRUCTION. THE SANITARY SEWER LINE LOCATION AS SHOWN HEREON IS BASED ON A MAP PROVIDED BY ASPEN CONSOLIDATED SANITATION DISTRICT. 12. ONLY TREES 4" AND LARGER IN DIAMETER AROUND THE EXISTING HOUSE, PATIO AND DRIVEWAY (AREAS OF PROPOSED CONSTRUCTION) WERE LOCATED. 13. THIS PROPERTY IS NOT LOCATED IN OR WITHIN 200 FEET OF SLOPES GREATER THAN 30% ACCORDING TO THE MAP OF THE "SMUGGLER MOUNTAIN MUDFLOW ZONE" REFERENCED IN THE 2014 CITY OF ASPEN URBAN RUNOFF MANAGMENT PLAN. 14. THIS PROPERTY IS NOT LOCATED IN ANY "POTENTIAL GEOLOGIC HAZARDS AREA" ACCORDING TO THE 2001 CITY OF ASPEN SURFACE DRAINAGE MASTER PLAN. SURVEYOR'S CERTIFICATION I, 0. ERON WATTS, A PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, HEREBY CERTIFY TO GARY AND ANDREA DELMAN, THAT THIS "IMPROVEMENT SURVEY PLAT" AS DEFINED BY C.R.S. 38-51-102(9) IS THE RESULT OF A MONUMENTED LAND SURVEY PERFORMED BY ME OR UNDER MY RESPONSIBLE CHARGE AND IS ACCURATE AND CORRECT TO THE BEST OF MY KNOWLEDGE. 0. ERON WATTS, PLS 38403 COLORADO REGISTERED PROFESSIONAL LAND SURVEYOR O •a gyp' •�gON e 38403 • • psi••'••..•...••'• J4 �N�1L LANDS NOTICE: CE: According to Colorado law you must commence any legal action based upon any defect in this survey within three years after you first discover such defect. In no event may any action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. SHEET: IMPROVEMENT SURVEY PLAT WITH 1 OF 1 TOPOGRAPHY DATE: 7/1a/2o1s LOT 6, MOCKLIN SUBDIVISION FLD EFr- M E O D O N Located in the Southwest 1 /4, Section 7 DWG No: LAND SURVEYING, L.L.C. Township 10 South, Range 84 West of the 6th P.M. 19008-01 P.O. Box 2225 Gypsum, CO 81637 City of Aspen, Pitkin County, Colorado REV: (970) 524-0963 MINER'S T R A I L (35' ACC E S S A N D U T I L I T Y E A S E M E N T ) (T I E O N L Y ) S 3 4 ° 2 8 ' 4 6 " W 1 8 0 6 . 3 0 ' ( B A S I S O F B E A R I N G ) N 1 5 ° 3 1 ' 2 7 " W 9 3 . 5 2 ' N0 ° 4 0 ' 0 0 " E 1 4 0 . 6 5 ' S89° 20' 00"E 70.54' S 1 5 ° 3 1 ' 2 7 " E 3 0 1 . 9 0 ' L=62.65' R=475.00' T=31.37' Δ=7°33'25" CD=N61°19'17"W C=62.60' L=79.31'R=1163.00'T=39.67'Δ=3°54'26" CD=N67°03'13"W C=79.29' S89° 21' 38"E 56.89' N0 ° 3 8 ' 2 2 " E 2 7 . 4 8 ' N0 ° 4 2 ' 3 9 " E 2 6 . 8 9 ' N89° 21' 38"W 22.63' S0 ° 4 0 ' 0 0 " W 6 3 . 2 3 ' L1 L2 L3 L4 L5 L6 L7 L 8 L9 L1 0 L11 L 1 2 L1 3 L14 L1 5 20' UTILITY EASEMENT 10' WI D E U T I L I T Y E A S E M E N T 1 0 ' 10' 1 0 . 5 0 ' 44 . 8 3 ' 5 6 . 3 1 ' N 2 8 ° 3 3 ' 3 3 " W 2 5 . 9 9 ' TRANSFORMER EASEMENT ACCESS & UTILITY EASEMENTS FOR LOT 6 BUIL D I N G E N V E L O P E N40° 08' 32"W 7.66' 42.71'11.73' AMENDED LOT 6 25,781 sqft±0.592 acres± AMENDED BUILDING ENVELOPE PER THIS PLAT 5,325 sqft± L O N E P I N E R O A D P U B L I C R . O . W . GIB S O N A V E N U E PU B L I C R . O . W . 35.0' ACCESS AND UTILITY EASEMENT (TIE ONLY) N68° 30' 59"E 13.52' LOT 5 BUILDING ENVELOPE PER REC. #607619 FOUND WITNESS CORNER #5 REBAR AND 1.25" CAP L.S. #28643 FOUND #5 REBAR AND 1.25" CAP L.S. #28643 FOUND WITNESS CORNER #5 REBAR AND 1.25" CAP L.S. #28643 FOUND #5 REBAR AND 1.25" CAP L.S. #28643 FOUND #5 REBAR AND 1.25" CAP L.S. #28643 2 9 7 . 7 5 ' 7 . 8 4 ' 8 5 . 6 8 ' 4.15' Line Table Line # L1 L2 L3 L4 L5 L6 L7 L8 L9 L10 L11 L12 L13 L14 L15 Direction S89° 17' 11"E S0° 38' 23"W N89° 21' 35"W S0° 38' 22"W N89° 21' 38"W N0° 38' 22"E N89° 21' 38"W N24° 57' 34"W N89° 17' 29"W N0° 30' 36"E N83° 16' 42"W N10° 17' 21"W N23° 03' 39"E N84° 52' 05"E S0° 38' 22"W Length 6.98' 18.00' 4.47' 10.21' 10.66' 2.65' 11.35' 14.02' 1.20' 11.88' 10.33' 9.84' 8.95' 1.26' 9.26' SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON.19074.01 CL 09/30/2019 G:\2019\19074\SURVEY\Survey DWGs\Survey Plots and Exhibits\19074_AMPLAT.dwg SHADING LEGEND AREA OF BUILDING ENVELOPE PER THIS PLAT SURVEY NOTES 1) DATE OF FIELD WORK: SEPTEMBER 2019 2) DATE OF PREPARATION: SEPTEMBER 2019 3) BASIS OF BEARING: A BEARING OF S 15°31'27" E ALONG THE WESTERLY LINE OF LOT 6, BETWEEN FOUND REBAR & CAPS .S. #28643, AS SHOWN HEREON. 4) BASIS OF SURVEY: THE FINAL PLAT OF MOCKLIN SUBDIVISION RECORDED JUNE 14, 1996 IN BOOK 39 PAGE 92 AS RECEPTION NUMBER 393681, THE FIRST AMENDMENT TO THE FINAL PLAT OF MOCKLIN SUBDIVISION RECORDED AUGUST 4, 1998 IN BOOK 45 AT PAGE 59 AS RECEPTION NUMBER 420218, VARIOUS DOCUMENTS OF RECORD, AND THE FOUND MONUMENTS, AS SHOWN. 5) THERE ARE NO OVERLAPS OR GORES BETWEEN PROPERTIES SHOWN HEREON. 6) THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY SOPRIS ENGINEERING, LLC (SE) TO DETERMINE OWNERSHIP OR EASEMENTS OF RECORD. FOR ALL INFORMATION REGARDING EASEMENTS, RIGHTS OF WAY AND/OR TITLE OF RECORD, SE RELIED UPON THE ABOVE SAID PLATS DESCRIBED IN NOTE 4, AND THE TITLE COMMITMENT PREPARED BY STEWARD TITLE GUARANTY COMPANY UNDER CASE NO. 546002 EFFECTIVE DATE OF SEPTEMBER 23, 2019. 7) THAT AGREEMENT FOR REVOCABLE ENCROACHMENT RECORDED SEPTEMBER 24, 2014 AS RECEPTION NO. 613801 HAS NOT BEEN SHOWN HEREON AT THE REQUEST OF THE OWNER OF LOT 6. 8) THE LINEAR UNIT USED IN THE PREPARATION OF THIS PLAT IS THE U.S. SURVEY FOOT AS DEFINED BY THE UNITED STATES DEPARTMENT OF COMMERCE, NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY. 9) SOPRIS ENGINEERING LLC WILL NOT BE RESPONSIBLE FOR ANY CHANGES MADE TO THIS DOCUMENT AFTER IT LEAVES OUR POSSESSION. ANY COPY, FACSIMILE, ETC., OF THIS DOCUMENT MUST BE COMPARED TO THE ORIGINAL SIGNED, SEALED AND DATED DOCUMENT TO ENSURE THE ACCURACY OF THE INFORMATION SHOWN ON ANY SUCH COPY , AND TO ENSURE THAT NO SUCH CHANGES HAVE BEEN MADE. CERTIFICATE OF OWNERSHIP Know all men by these presents that the undersigned, being the owner in fee simple of all of the land within Lot 3, Stage Road Planned Unit Development/Subdivision, according to the Final Plat thereof recorded October 7, 2005 in Plat Book 75 at Page 32 as Reception No. 515869 and the First Supplement to the Final Plat recorded October 15, 2009 as Reception No. 563657 of the Pitkin County, Colorado records; Said owner hereby amends said Plat as follows: PURPOSE STATEMENT: To adjust the building envelope situated on said Lot 6 from 5,325 sq.ft.± to 5,325 sq.ft.±, as shown hereon. Executed this _____ day of _________________, 2019 Lot 6 OWNER: Miners Mountain House LLC by: _________________________________________________ as _______________________ of Miners Mountain House LLC State of _________ ) ) ss County of ________ ) The foregoing instrument was acknowledged before me this ______ day of ________________, 2019 by: _________________________________________________ as _______________________ of Miners Mountain House LLC. Witness my hand and official seal: My commission expires:____________________ ___________________________________________ Notary Public TITLE COMPANY CERTIFICATE The undersigned, a duly-authorized representative of Stewart Title Guaranty Company registered to do business in Pitkin County, Colorado, does hereby certify, 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 and encumbrances except for the lien of the mortage named hereon. Although we believe the facts stated on this Amended Plat 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 Stewart Title Guaranty Company neither assumes nor will be charged with any financial obligation nor liability whatsoever on any statement contained herein. _____________________ DATE______________, 2019. by: Kurt Beereboom, Title examiner State of Colorado ) )ss County of Pitkin ) The foregoing title certificate was acknowledged before me this __ day of _______, 2019 by Kurt Beereboom as the title examiner of Stewart Title Guaranty Company My commision expires:__________________. Witness my hand and seal. _________________________ Notary Public COMMUNITY DEVELOPMENT DIRECTOR APPROVAL This First Amended Plat of Lot 6, Mocklin Subdivisionwas reviewed and approved by the City of Aspen this ________ day of __________, 2019. _______________________________ Community Development Director SURVEYOR'S CERTIFICATE I, Mark S. Beckler, a registered land surveyor, do hereby certify that I have prepared this First Amended Plat of Lot 6, Mocklin Subdivision as laid out, platted, dedicated and shown hereon; that the same is based on field surveys performed under my supervision; that this meets the requirements of a Land Survey Plat as set forth in CRS Section 38-51-106; The control precision is greater than 1 in 15,000. Recorded easements, rights-of-way and restrictions are those set forth in the title commitments referenced in Note 6 above. Dated_____________________, 2019 ______________________________________ Mark S. Beckler, P.L.S. No. 28643 CLERK AND RECORDER'S ACCEPTANCE This First Amended Plat of Lot 6, Mocklin Subdivisionis accepted for filing in the office of the Clerk and Recorder of Pitkin County, Colorado at _________ o'clock ____.m., this _______ day of ________________, 2019, in Plat Book ______, at Page ________, Reception no. _________________. ________________________________________ Pitkin County Clerk and Recorder PLAT NOTES 1) The purpose of this amended plat is to modify the boundaries of the building envelope from those previously established pursuant to the Final Plat thereof recorded October 7, 2005 in Plat Book 75 at Page 32 as Reception No. 515869 and the First Supplement to the Final Plat recorded October 15, 2009 as Reception No. 563657 of the Pitkin County, Colorado records. The change in building envelope area for Lot 6 is from 5,325 sq. ft. to 5,325 sq. ft. CITY ENGINEER'S APPROVAL This First Amended Plat of Lot 6, Mocklin Subdivisionwas reviewed and approved by the City of Aspen this ________ day of __________, 2019. ____________________________ City Engineer ENVELOPE EXCHANGE SUMMARY AREA OF APPROVED BUILDING ENVELOPE PER REC. #563657 = 5,325 SQ.FT.± AREA REMOVED FROM ORIGINAL PLATTED BUILDING ENVELOPE = -936 SQ.FT.± AREA ADDED TO ORIGINAL PLATTED BUILDING ENVELOPE = +936 SQ. FT.± AREA OF BUILDING ENVELOPE PER THIS PLAT = 5,325 SQ.FT.± SHEET 1 OF 1 THE PURPOSE OF THIS AMENDED PLAT OF LOT 6, MOCKLIN SUBDIVISION, IS TO ADJUST THE BUILDING ENVELOPE AS SHOWN HEREON LOT 6, MOCKLIN SUBDIVISION A TRACT OF LAND SITUATED IN THE SOUTHWEST QUARTER SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO VICINITY MAP N.T.S. AMENDED PLAT OF: SITE 1 inch = ft. 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