HomeMy WebLinkAbout312 W Gillespie Complete Application PackageJune 12, 2020
Phillip Supino, Director
Aspen Community Development Department
130 South Galena Street
Aspen, CO 81611
RE: Amendment of an ADU/Carriage House Development Order for 312
Gillespie Street (Easterly Tract, Subdivision Exemption Map of the C.F.
Murphy Associates, Inc. Property in Hallam’s Addition, Aspen); PID 2735-
121-19-001
Dear Phillip:
Please consider this letter and the attached drawings to represent a formal
request for an amendment to a development order for an ADU at 312 Gillespie
Street. The deed restriction for the unit was recorded at Reception No. 363454,
pursuant to Planning and Zoning Commission Resolution No. 93-23 (copies of
both are attached). The applicant would like to vacate the deed restriction and
decommission the basement level studio accessory dwelling unit of
approximately 397 net livable square feet. To enable as much, the Applicant will
obtain and extinguish 0.38 Category 2 Affordable Housing Certificates or
provide the required Payment In-Lieu (PIL) at the time of building permit
issuance.
A single-family residence occupies the site, along with the aforementioned
basement level ADU. The ADU was developed within the already existing
residential structure, pursuant to Planning and Zoning Commission Resolution
93-23. The subject property, which is legally described as captioned above, is
located on the north/northeast side of the bend where Gillespie Street meets
Lake Avenue, in the R-6 zone district, and its Parcel Identification Number is
2735-121-19-001.
Section 26.520.090.C of the Code provides the rules for removing an ADU and
states as follows:
An amendment application that proposes to physically remove an ADU or
Carriage House from a property and vacate the deed restriction may be
approved by the Community Development Director if all of the following
HAAS LAND PLANNING, LLC
• 420 E. MAIN STREET, SUITE 220 • ASPEN, COLORADO • 81611 •
• PHONE: (970) 925-7819 • MITCH@HLPASPEN.COM •
312 Gillespie ADU Removal Request Page 2
criteria are met. To remove or decommission a Mandatory Occupancy
ADU, the requirements of 26.520.090.B must first be met prior to
complying with this subsection.
For an ADU or Carriage House developed prior to the adoption of
Ordinance No. 35, Series 2015:
1. The applicant shall provide affordable housing mitigation for .38 full-
time equivalents (FTEs). Mitigation shall be provided at a Category 2
rate prior to issuance of any permit required to accomplish the
decommissioning or removal of the unit. This may be provided
through extinguishment of a Certificate of Affordable Housing Credit
(See Chapter 26.540 – Certificates of Affordable Housing Credit) or by
providing a fee-in-lieu payment according to the rates specified in the
current Aspen/Piktin County Housing Authority Guidelines, as
amended from time to time. (Commentary – The .38 figure reflects a
typical ADU being a studio or one-bedroom unit housing 1.5 FTEs
with an approximate 25% occupancy. 1.5 x .25 = .375, rounded to
.38.)
The subject ADU is not Mandatory Occupancy. The recorded Deed restriction
clearly specifies that, “Coventor need not rent the Unit.” Planning and Zoning
Commission Resolution No. 93-23 also states that, “…the site is not allowed an
FAR bonus…” further demonstrating that not only was no floor area bonus
awarded but also that a mandatory occupancy provision would not have been
applied to the approval or deed restriction. Therefore, the requirements of
26.520.090.B are not applicable.
The applicant will provide affordable housing mitigation for 0.38 FTEs at the
Category 2 rate by either extinguishing 0.38 FTE-worth of Category 2 Certificate
of Affordable Housing Credit or paying the applicable fee in-lieu at the time of
building permit issuance for the removal of the ADU.
2. The physical changes necessary to remove the ADU/Carriage House
have been accomplished and issued a final inspection by the Chief
Building Official. (Building permits are required.) Once this has been
accomplished, a release of deed restriction, acceptable to the City
Attorney, shall be completed and filed with the Pitkin County Clerk
and Recorder.
The applicant will obtain a building permit to decommission the ADU by
removing the kitchen and remodeling the space in a manner allowed by the Land
Use Code and the applicable Building Codes. The applicant understands that a
312 Gillespie ADU Removal Request Page 3
final inspection by the Chief Building Officer must be issued before a release of
the deed restriction can be filed with the Clerk and Recorder.
It is hoped that the provided information and responses prove helpful in the
review of this application. If you should have any questions or desire any
additional information, please do not hesitate to contact me.
Truly yours,
Haas Land Planning, LLC
Mitch Haas
Owner/President
Attachments:
Exhibit 1: Land Use Application, Dimensional Requirements Form,
Agreement to Pay Application Fees, and HOA Compliance
Form
Exhibit 2: Pre-Application Conference Summary
Exhibit 3: Vicinity Map
Exhibit 4: Proof of Ownership
Exhibit 5: Authorization to represent the Applicant
Exhibit 6: Planning and Zoning Commission Resolution No. 93-23, and
ADU Deed Restriction (Reception No. 363454)
Exhibit 7: Existing Conditions ADU Floor Plan
Exhibit 8: Subdivision Exemption Map of the C.F. Murphy Associates, Inc.
Property in Hallam’s Addition, Aspen, Colorado (Book 10, Page
56)
Exhibit 9: Improvement and Topographic Survey of Easterly Tract of C.F.
Murphy Exemption Plat, dated January 6, 2020
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020
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 Review 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. This
meeting can happen in person or by phone or e-mail. 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 of the Day, or consult the applicable sections of the Aspen Land
Use Code.
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020
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 of
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
City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020
Agreement to Pay Application Fees
An agreement between the City of Aspen (“City”) and
Address of Property:
Please type or print in all caps
Property Owner Name: Representative Name (if different from Property Owner)
Billing Name and Address - Send Bills to:
Contact info for billing: e-mail: Phone:
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 additional
costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete
processing, review and presentation of sufficient information to enable legally required findings to be made for project
consideration, unless invoices are paid in full.
The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to
the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of
an invoice by the City for such services.
I have read, understood, and agree to the Land Use Review Fee Policy including consequences for 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:
Phillip Supino, AICP
Community Development Director
City Use:
Fees Due: $ Received $
Case #
Signature:
PRINT Name:
Title:
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020
LAND USE APPLICATION
APPLICANT:
REPRESENTIVATIVE:
Description: Existing and Proposed Conditions
Review: Administrative or Board Review
Required Land Use Review(s):
Growth Management Quota System (GMQS) required fields:
Net Leasable square footage Lodge Pillows Free Market dwelling units
Affordable Housing dwelling units Essential Public Facility square footage
Have you included the following? FEES DUE: $
Pre-Application Conference Summary
Signed Fee Agreement
HOA Compliance form
All items listed in checklist on PreApplication Conference Summary
Name:
Address:
Phone#: email:
Address:
Phone #: email:
Name:
Project Name and Address:
Parcel ID # (REQUIRED)
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
April 2020 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 improvementsproposed in this land use application do not require approval by the homeowners association orcovenant beneficiary.
□This property is subject to a homeowners association or private covenant and the improvementsproposed 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:
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
April 2020 City of Aspen|130 S. Galena St.|(970) 920 5090
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
April 2020 City of Aspen|130 S. Galena St.|(970) 920 5090
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.
PRE-APPLICATION CONFERENCE SUMMARY
PLANNER: Sarah Yoon, sarah.yoon@cityofaspen.com
DATE: June 8, 2020
PROJECT LOCATION: 312 Gillespie Street
REQUEST: Deed-restricted Accessory Dwelling Unit (ADU) Removal
DESCRIPTION: 312 Gillespie Street is a single-family residence in the R-6 zone district. A 397-sf
basement level Accessory Dwelling Unit (ADU) received Conditional Use approval by P&Z in 1993
(Resolution 93-23), and a deed restriction was filed that same year (Reception #363454). Pursuant
to the deed-restriction, the unit is not required to be rented, but if rented, it must be rented to a
qualified tenant. The applicant is interested in removing the deed-restriction.
The removal of the deed restriction, pursuant to Land Use Code Section 26.520.090.C, Removing
an ADU/Carriage House, is an administrative process. The applicant shall provide mitigation for 0.38
Category 2 full-time equivalent employees in the form of Affordable Housing Certificates or fee-in-
lieu. The current fee-in-lieu rate for Category 2 is $342,599.02, per FTE so mitigation by that method
would be 0.38 x $342,599.02 = $130,187.62.
Upon approval of the Land Use review, the applicant shall obtain a building permit and decommission
the space as a living unit. A final inspection shall be issued prior to the release of the deed restriction.
The release shall be accepted by the City Attorney and filed with the Pitkin County Clerk and
Recorder.
Following are the relevant sections of the Municipal Code and details on how to move forward.
RELEVANT LAND USE CODE SECTIONS:
Section Number Section Title
26.304 Common Development Review Procedures
26.520.090.C Removing an ADU/Carriage House
26.540 Certificate of Affordable Housing Credit
26.710.040 Medium-Density Residential (R-6)
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 completeness and approval
Public Hearing: No
Referrals: No
Planning Fees: $975 for 3 billable hours of staff time
Referral Agencies Fee: None
Total Deposit: $975 (Planning fees - Additional/ lesser hours will be billed/ refunded
at a rate of $325 per hour.)
APPLICATION CHECKLIST:
(Please submit a digital copy of the application to the planner listed on the preapplication.)
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).
An 8 1/2” by 11” vicinity map locating the parcel within the City of Aspen.
A copy of the existing deed restriction related to the ADU
Written responses to all review criteria in 26.520.090.C
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 to the development of the
application and relevant land use approvals associated with the property.
Once the application is deemed complete, the following items will then need to be submitted:
Total deposit for review of the application.
A final copy of the full application provided in pdf file format, if additional materials were required
during the completeness review.
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.
July 8, 2020
Ms. Michelle Bonfils-Thibeault
City of Aspen
Community Development Department
130 S. Galena Street
Aspen, CO 81611
Re: 312 W. Gillespie Street
Dear Ms. Bonfils-Thibeault,
This letter serves to authorize Mitch Haas, of Haas Land Planning and our architect, Mr.
Luis Menendez of Menendez Architects, to act on our behalf regarding the Land Use and
Building Permit application process required for the approval of the proposed remodel
and addition to our residence at the above referenced address.
Mr. Menendez’s contact information:
Luis A. Menendez, A.I.A.
Menendez Architects
715 W. Main Street, Suite 104
Aspen, CO 81611
Telephone: 970-544-1874
Email: LAM@MenendezArchitects.com
My contact information:
Mr. Seth P. Berger
600 E. Hopkins Ave. #202
Aspen, CO 81611
Telephone: 212-758-3316
Email: sethberger@bbrealty.com
Please contact me with any questions.
Sincerely,
Seth P. Berger
980 N SRO S'1`
..parcel.,... 73.5.1 .�. 0Q................... 4 1 of 2 0
+ Parcel, 27351211900 1
owner: R E R El4 SETH P
Sites Add re ss; 312 01 LLESPI E ET
41 Location: Aspen
Assessor Account: R011827
Generate Pargel Report
View Additional thk its Add to Hesulta
'Mal
4
y {_
or
GILLF-SPL
�i
�fr RL •f
5
4 F `" !�
IV
_.r • x
i r { 2 k
$Oi
4VJO
a O)R'CjA
*LF 0 RKI
t
r I�
F
't
�K' E,.ZE
1
J F301 L K
1.7YE
-2-
kin County j Pitkin County. Colorado I Microsoft
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B,
Part II—Exceptions; and a counter-signature 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.
Form 5030000 (1-31-17)Page 1 of 13 ALTA Commitment for Title Insurance (8-1-16)
ALTA Commitment for Title Insurance
ISSUED BY
First American Title Insurance Company
Commitment
COMMITMENT FOR TITLE INSURANCE
Issued By
FIRST AMERICAN TITLE INSURANCE 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,First American Title Insurance Company, a Colorado 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.
First American Title Insurance Company
If this jacket was created electronically, it constitutes an original document.
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B,
Part II—Exceptions; and a counter-signature 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.
Form 5030000 (1-31-17)Page 2 of 13 ALTA Commitment for Title Insurance (8-1-16)
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 counter-signature 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 issued by First American Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B,
Part II—Exceptions; and a counter-signature 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.
Form 5030000 (1-31-17)Page 3 of 13 ALTA Commitment for Title Insurance (8-1-16)
(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.
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B,
Part II—Exceptions; and a counter-signature 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.
Form 5033708-A (4-9-18)Page 4 of 13 ALTA Commitment for Title Insurance (8-1-16)
Colorado - Schedule A
ALTA Commitment for Title Insurance
ISSUED BY
First American Title Insurance Company
Schedule A
Transaction Identification Data for reference only:
Issuing Agent: Winter VanAlstine Issuing Office: Attorneys Title Insurance Agency
of Aspen, LLC
Issuing Office's ALTA® Registry ID: 1019587 Loan ID No.:
Commitment No.: 19004298 Issuing Office File No.: 19004298
Property Address: 312 Gillespie Street, Aspen, CO 81611
SCHEDULE A
1. Commitment Date: December 19, 2019 at 07:45 AM
2. Policy or Policies to be issued: Amount Premium
A. ALTA Owners Policy (06/17/06)$0.00 $0.00
Proposed Insured: TBD
Certificate of Taxes Due $0.00
Endorsements:
Additional Charges:$0
Total $0.00
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:
Seth Berger and the Ilyse D. Berger 1998 Trust
5. The land referred to in the Commitment is described as follows:
SEE EXHIBIT A ATTACHED HERETO
For informational purposes only, the property address is: 312 Gillespie Street, Aspen, CO 81611.
SCHEDULE A
(Continued)
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B,
Part II—Exceptions; and a counter-signature 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.
Form 5033708-A (4-9-18)Page 5 of 13 ALTA Commitment for Title Insurance (8-1-16)
Colorado - Schedule A
Attorneys Title Insurance Agency of Aspen, LLC
By:
Winter VanAlstine
Authorized Officer or Agent
FOR INFORMATION PURPOSED OR SERVICES IN CONNECTION WITH THIS COMMITMENT, CONTACT: Attorneys
Title Insurance Agency of Aspen, LLC, 715 West Main Street, Suite 202, Aspen, CO 81611, Phone: 970 925-7328, Fax:
970 925-7348.
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B,
Part II—Exceptions; and a counter-signature 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.
Form 5030008-BI&BII (5-18-17)Page 6 of 13 ALTA Commitment for Title Insurance (8-1-16)
Colorado - Schedule BI & BII
ALTA Commitment for Title Insurance
ISSUED BY
First American Title Insurance Company
Schedule BI & BII
Commitment No: 19004298
SCHEDULE B, PART I
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. Payment of all taxes and assessments now due and payable as shown on a certificate of taxes due from the
County Treasurer or the County Treasurer's Authorized Agent.
6. Evidence that all assessments for common expenses, if any, have been paid.
7. Final Affidavit and Agreement executed by Owners and/or Purchasers must be provided to the Company
8. Special Warranty Deed must be sufficient to convey the fee simple estate or interest in the land described or
referred to herein, from Seth Berger and the Ilyse D. Berger 1998 Trust to TBD, the proposed insured, Schedule
A, item 2A. NOTE: C.R.S. Section 38-35-109(2) required that a notation of the purchaser's legal address, (not
necessarily the same as the property address) be included on the face of the Deed to be recorded.
9. Full disclosure from Seller, of any monetary liens and open Deeds of Trust of record. If you have any knowledge of
an outstanding obligation secured by the subject property, you must contact us immediately for further review prior
to closing.
10. A true and correct copy of the Trust Agreement which creates the Ilyse D. Berger 1998 Trust, providing, among
other things, the designation of the trustee(s) and specification of the trustee(s) powers under that trust.
11. Record a Statement of Authority to provide prima facie evidence of existence of the Ilyse D. Berger 1998 Trust, an
entity capable of holding property, and the name of the person authorized to execute instruments affecting title to
real property as authorized by C.R.S. Section 38-30-172.
ALTA Commitment for Title Insurance
ISSUED BY
First American Title Insurance Company
Schedule BI & BII (Cont.)
Form 50-CO-Disclosure (4-1-16)Page 7 of 13 Disclosure Statement (5-1-15)
Colorado
12. Additional Requirements may be included once the name of the Buyer is provided.
13. Improvement Survey Plat sufficient in form, content and certification acceptable to the Company. Exception will be
taken to adverse matters disclosed thereby.
14. This Title Commitment is subject to underwriter approval.
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B,
Part II—Exceptions; and a counter-signature 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.
Form 5030008-BI&BII (5-18-17)Page 8 of 13 ALTA Commitment for Title Insurance (8-1-16)
Colorado - Schedule BI & BII
ALTA Commitment for Title Insurance
ISSUED BY
First American Title Insurance Company
Schedule BI & BII (Cont.)
Commitment No.: 19004298
SCHEDULE B, PART II
Exceptions
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 facts, rights, interests or claims which are not shown by the Public Records, but which could be ascertained
by an inspection of the Land or by making inquiry of persons in possession thereof.
2. Easements, or claims of easements, not shown by the Public Records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct land
survey and inspection of the Land would disclose, and which are not shown by the Public Records.
4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not
shown in the Public Records.
5. Any 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.
Note: Exception number 5. will be removed from the policy provided the Company conducts the closing and
settlement service for the transaction identified in the commitment
6. Any and all unpaid taxes, assessments and unredeemed tax sales.
7. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof.
8. Any water rights, claims of title to water, in, on or under the Land.
9. Taxes and assessments for the year 2019, and subsequent years, a lien not yet due or payable.
ALTA Commitment for Title Insurance
ISSUED BY
First American Title Insurance Company
Schedule BI & BII (Cont.)
Form 50-CO-Disclosure (4-1-16)Page 9 of 13 Disclosure Statement (5-1-15)
Colorado
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 described in the United States Patent dated March 30,
1888, and recorded June 8, 1888, as Reception No. 024412.
11. Terms, conditions, provisions, agreements and obligations specified under the Grant of Easement, recorded
November 15, 1979, in Book 379 at Page 362, as Reception No. 219617.
12. Any and all notes, easements and recitals as disclosed on the recorded Subdivision Exception Map of the C.F.
Murphy Associates, Inc. Property, recorded October 31, 1980, in Plat Book 10 at Page 56, as Reception No.
228393.
13. Terms, conditions, provisions, agreements and obligations specified under the License Agreement, recorded
October 31, 1980, in Book 398 at Page 308, as Reception No. 228292.
14. Terms, conditions, provisions, agreements and obligations specified under the Accessory Dwelling Unit Deed
Restriction Approved Pursuant to Ordinance 60 (Cottage Infill), Ordinance One (Housing Replacement Program),
and Section 5-510 of the Aspen City Land Use Code, and Resolution # 93-23, recorded November 17, 1993, as
Reception No. 363454.
15. Terms, conditions, provisions, agreements and obligations specified under the instrument recorded March 24,
1995, in Book 777 at Page 105, as Reception No. 380005.
16. Any existing leases or tenancies, and any and all parties claiming by, through or under said lessees.
Form 5000000-EX (7-1-14)Page 10 of 13 Exhibit A
ALTA Commitment for Title Insurance
ISSUED BY
First American Title Insurance Company
Exhibit A
File No.: 19004298
The Land referred to herein below is situated in the County of Pitkin, State of Colorado, and is described as follows:
The "Easterly Tract" as set out on the Subdivision Exception Map of the C.F. Murphy Associates, Inc. property in Hallams
Addition, Aspen, Colorado, recorded October 31, 1980 in Plat Book 10 at Page 56 as Reception No. 228393, together with
all easement rights appurtenant thereto contained in that certain Grant of Easement recorded November 15, 1979, in Book
379 at Page 362, as Reception No. 219617, Pitkin County, Colorado.
Form 50-CO-Disclosure (4-1-16)Page 11 of 13 Disclosure Statement (5-1-15)
Colorado
DISCLOSURE STATEMENT
Pursuant to C.R.S. 30-10-406(3)(a) all documents received for recording or filing in the Clerk and Recorder’s office shall contain
a top margin of at least one inch and a left, right and bottom margin of at least one-half of an inch. The Clerk and Recorder will
refuse to record or file any document that does not conform to the requirements of this section.
NOTE: If this transaction includes a sale of the property and the price exceeds $100,000.00, the seller must comply with the
disclosure/withholding provisions of C.R.S. 39-22-604.5 (Nonresident withholding).
NOTE: Colorado Division of Insurance Regulations 8-1-2 requires that “Every title insurance company shall be responsible to
the proposed insured(s) subject to the terms and conditions of the title commitment, other than the effective date of the title
commitment, for all matters which appear of record prior to the time of recording whenever the title insurance company, or its
agent, conducts the closing and settlement service that is in conjunction with its issuance of an owner’s policy of title insurance
and is responsible for the recording and filing of legal documents resulting from the transaction which was closed.
Pursuant to C.R.S. 10-11-122, the company will not issue its owner’s policy or owner’s policies of title insurance contemplated
by this commitment until it has been provided a Certificate of Taxes due or other equivalent documentation from the County
Treasurer or the County Treasurer’s authorized agent; or until the Proposed Insured has notified or instructed the company in
writing to the contrary.
The subject property may be located in a special taxing district. A Certificate of Taxes due listing each taxing jurisdiction shall be
obtained from the County Treasurer or the County Treasurer’s authorized agent. 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: Pursuant to CRS 10-11-123, notice is hereby given:
This notice applies to owner’s policy commitments containing a mineral severance instrument exception, or
exceptions, in Schedule B, Section 2.
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: Pursuant to Colorado Division of Insurance Regulations 8-1-2, 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 material-men 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 un-filed mechanic’s and
material-men’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.
Form 50-CO-Disclosure (4-1-16)Page 12 of 13 Disclosure Statement (5-1-15)
Colorado
NOTE: Pursuant to C.R.S. 38-35-125(2) no person or entity that provides closing and settlement services for a real estate
transaction shall disburse funds as a part of such services until those funds have been received and are available for immediate
withdrawal as a matter of right.
NOTE: C.R.S. 39-14-102 requires that a real property transfer declaration accompany any conveyance document presented for
recordation in the State of Colorado. Said declaration shall be completed and signed by either the grantor or grantee.
NOTE: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or
information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties
may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent of an
insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or
claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement
or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the
department of regulatory agencies.
NOTE: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of an ALTA
Closing Protection Letter which may, upon request, be provided to certain parties to the transaction identified in the commitment.
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.
TELEPHONE 970 925-7328 FACSIMILE 970 925-7348
ATTORNEYS TITLE INSURANCE AGENCY OF ASPEN, LLC
715 West Main Street, Suite 202
Aspen, CO 81611
Attorneys Title Insurance Agency of Aspen, LLC
Privacy Policy Notice
PURPOSE OF THIS NOTICE
Title V. of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly or through it affiliates,
from sharing non-public personal information about you with a nonaffiliated third party unless the institution provides you
with a notice of its privacy policies and practices, such as the type of information that it collects about you and the
categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with
this document, which notifies you of the privacy policies and practices of Attorneys Title Insurance Agency of Aspen,
LLC.
We may collect nonpublic personal information about you from the following sources:
Information we receive from you, such as on application or other forms.
Information about your transactions we secure from out files, or from our affiliates or others.
Information we receive from a consumer reporting agency.
Information that we receive from others involved in your transaction, such as the real estate agent or lender.
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information
will be collected about you.
We may disclose any of the above information that we collect about our customers or former customer to our affiliates or
to nonaffiliated third parties as permitted by law.
We also may disclose this information about our customers or former customers to the following types of nonaffiliated
companies that perform marketing services on our behalf or with whom we have joint marketing agreements:
Financial service providers such as companies engaged in banking, consumer finance, securities and insurance.
Non-financial companies such as envelope stuffers and other fulfillment service providers.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY
PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW.
We restrict access to nonpublic personal information about you to those employees who need to know that information in
order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with
federal regulations to guard your nonpublic personal information.
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR THE
APPROVAL OF A CONDITIONAL USE FOR AN ACCESSORY DWELLING UNIT AT TIME
BRUCE C. BERGER PROPERTY, 312 GILLESPI E ( EASTERLY TRACT, C.F.
MURPH Y SUBDIVISION EXCEPTION PLAT)
Resolution No. 93-
WHEREAS, pursuant to Section 5-510 of the Aspen Land Use
Regulations accessory dwelling units may be approved by the
Planning and Zoning Cozmisslon as conditional uses in conformance
with the requirements of said Section; and
WEEREAB* the Planning office received are application from
Bruce C. Berger for a Conditional Use review for a 397 s . f . net
livable basement level accessory dwelling unit within his proposed
residence; and
WHEREAS., the proposed unit is not 100 above grade, the site
is not allowed are FAR bonus pursuant to the definition of Floor
Area "Ace s s o ry Dwelling Unit", Section 3 -1-01 of the Aspen land Use
Code; and
WHEREASp the Housing Office, City Engineer, Parks Department,
Zoning and the Pla nn inch office rear i ewed the proposal and
recommended approval with conditions; and
WHEREAS,, during a public hearing at a regular meeting on
October 10, 1993 the Planning and Zoning Commission approved by a
3-1 vote the Conditional Use review for the Bruce C. Berger
accessory dwelling unit with the conditions recommended by the
Planning Office.
R.0 THEREFORE BE IT RESOUVED by the commission: that the Bruce
C. Berger Conditional Use for a 397 s . f . net livable, below -grade
accessory dwelling unit is approved with the following conditions:
1. The owner shall subrit appropriate deed restrictions to the
Asper/ Fitkin Comnty Housing Authority for approval. The units
shall be dep-d rentr i ctnd to resident occupancy with minimum
6 month leases. Upon approval by the Housing A-uthority, the
Owner shall record the deed restrictions with the Fitkir.
County Clerk and Recorder's office.
2. Prior to issuance of any building permits, a copy of the
recorded deed rentrictions for the accessory dwelling unit
must be forwarded to the Planning Office.
3. The ADU shall he clearly identified as a separate dwelling
unit on Building Permit plats and shall comply with U.B.C.
Chapter 35 sound attenuation requirements.
:• 4.the bx� i l ]in permit site plan shall indicate a trash storage
-� 1
area on the premises.
5. Parking space number 1 shown on the October 12, 1993 revised
sed
site plan shall be maintained in a usable condition at all
times.
6. All material representations made by the applicant in the
application and during public meetings with the Planning and
Zoning Commission
shall be adhered to and considered
conditionsof approval, unless otherwise amendedby other
conditions.
APPaovm by the commlaslan at ita regular meeting on October 19,
1993,
attest• Plannin a again avlesion:
Jan , O u y Clerk Bruce Kerr, Cha r
Fti r�t
709
#363454 1 / , _
E�lc. r' Doc $.iifl
t
[)avi F. �:i fl''V _
ACCESSORY DWELLING UNIT DEED RESTRICTION
APPROVED PURSUANT TO ORDINANCE 60 (COTTAGE INFILL),
r
ORDINANCE ONE (HOUSING REPLACEMENT PROGRAIL). AND
88CTION 5-510 OF THE ASPEN CITY LAND USE CODE,
AND RESOLUTION #93-23
THIS ACCESSORY DWELLING UNIT DEED RESTRICTION is made and
entered into this 15 *" day of November, 1993, by Bruce C. Berger
("Coventor") for itself, its successors and assigns, for the
benefit of the City of Aspen, Colorado, a municipal corporation,
and the Aspen/Pitkin County Housing Authority, a multi -
jurisdictional housing authority established pursuant to the
AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT recorded in Book
605 at Page 751 of the records of the Pitkin County Clerk and
Recorder's Office ("Authority").
WHEREAS, Coventor owns that parcel of real property located at
314 Gillespie Avenue, in the City of Aspen, County of Pitkin,
Colorado, more specifically described as the Easterly Tract, C.F.
in Plat
Murphy Subdivision Exception (recorded October 31, 1980
Book 10, Page 56) , which is situate a guest house, to contain a
studio unit in the basement, and be approximately 397 net liveable
square feet. This unit will be noted as the accessory dwelling
unit ("Unit"); and
WHEREAS, Coventor agrees to accept and impose certain
conditions on its use and occupancy of the Unit as an accessory
dwelling unit under the Aspen Municipal Code.
NOW, THEREFORE, in consideration of the mutual promises and
obligations contained where, the Coventor hereby covenants and
agrees as follows:
1. The Unit as identified hereinabove shall not be
condominiumized and, if rented, shall be rented only in
s`
accordance with the guidelines as adopted and as may be
from time to time by the Authority governing
amended
"resident -occupied" dwelling units.
t
2. Coventor need not rent the Unit; however, when rented, only
qualified residents, as defined in the Housing Guideli:.es,
shall reside therein and all rental terms shall be for a
period of not less than six (6) consecutive months. When
renting the unit, Coventor shall maintain the right to select
the qualified resident of its own choosing at the rental rate
of its own choosing with no restriction as to the income of
the resident. An executed copy of all leases for the Unit
shall be submitted to the Authority within ten (10) days of
z,
the approval of a qualified resident.
3. The covenants and limitations of this deed restriction shall
run with and be binding on the land for the benefit of the
City of Aspen and the Authority, either of whom may enforce
the provisions thereof through any proceedings at law or in
equity, including eviction of non -complying tenants.
h
J
#363454 11/17/93 11:58 Rec $15.00 8K 731 PF' T1O
Silvia Davis, Pitkin Cnty Clerk, Dot $.00
4. rt is understood and agreed by the Coventor that no waiver of
a breach of any term or condition as contained in this deed
restriction shall be construed to be a waiver of any breach of
the ease or other term or condition, nor shall failure to
enforce any one of the terms or conditions, either by
forfeiture or otherwise, be construed as a waiver of any term
or condition.
M WXMMS mop, Coventor has placed its duly authorised
signature hereto on the date as described above.
COVSl1'm:
By;.
Bruce C. Berger.
Mailing Address:
(i oof_ -f- /% A,* n I �� r
CV P&II
8T11T8 or �bb)PZ"
The foreg inns was; acknowl•dQed before as this
day of it
WmMss MY band MA oflioia2sisal:
My
,1! 4 ":'
� ORION
h i i�a a {k R I v "v:
``
y. gi�+2i. .. �yF'd .x,1 ., 3. 4 'YZ' ia•'t..\ }�+ V"„
A+
i
01
i� u\
ag
Acearames HT 212 SCOOZES A9220am
The foregoing agreement and its tarns are accepted by the
AspwVPitkin County Housing Authority.
THE AsPZX/Prr5MCMM
HMO
By:
David J. xyleWchairman
Nailing Address:
530 East Main Street, Suite 001
Aspen, CO 81611
STATE OF COLOW" )
ss.
COU"T OF Px"t= )
day of ! 4lw � o "
"ITMass iE
my Commis
3
GC
Publics
ssssgs111N����•
1
GENERAL NOTES
Dimensions shown are to face
Qf studs unless otherwise
gated.
Contractor shall cross reference
and verify dimensions of Archi-
tectural & Structural drawings
before construction. N6tify
Architect of any discrepancy.
Add 4" sound baits at all
bathroom Inter or walls.
All interior walls & ceilings
to be finished 411,gypsum wall-
board U.O.N.
Symbol of building section.
-Sheet Igo. where, section is
drawn.
Nulaber of partial wall
section or detail.
Sheet No. where detail is
drawn.
Symbol of interior wall
elevation.
Sheet No.. where elevation
is drawn.
F.O.O. demotes face of concrete.
P T-�
Th1 N f-;r
� ..� BASEMENT FLOOR PLAN
11 �Ncx�
G
4
—
11
i)
J
�ww
�l
;S
J
0
�
cc
lam
rx
0
LU
LU
too
u
W.
W
> ,i
LLJLU
Uj
A2
'Iq
A
1- 1 7 - /0
T-7577 7-ET5^C4< LINE
I
FOR
nno� WEST: im-00
fz�cog D - ftl-��afff �vl,a::)
I
5"5EWER
Claip'T
EASTERLY TKAGT
-IEF7
il-' A �, T ER,
Z,�--,-\�-------�--- 6"CA-P WATER 4 ROAD (t
t (,5 FT WIDE- KC4-IT Or WAN;
NATURAL GA5
47
NOT i4:, aLI
ALL UN ROUND UTILIN
LOCATIONS` ERE TAKEN FKOM
AVN LABLE I � ITY NIAP5 AND
51- l LP 5E V IFIED INTHE.
FIELD BEF;DIKE RUCTION
T
1--7
C. F. MURPHY ASSOCIATES, INC, PROPERTY
OWNER 5UPIV-EYOK
VIUKPHY JAMff5 F, Rr-5ER, L.�, 115�i
22A 5OUTH AL FINF- 50RVELfr�,
CvICAGC, BOX 750/ ^5F`ffN, COLORACO t)[&H
l5c3 a25 2&5t
GEKTIFICAT E OF TITLE
Kol`i�l 0 M. GE TIT!--- 07= !Nc
t or
x T!-TL-- COMPANY�4 -1�1,1 5T,,,J�
ACCCi2DING -1-- MHE COUN-11 111ED5
C.E V.. A °�1. ff-5' ' 1 1 -,'C 5 T-; = OWN LR IN FT: F- 31VTL " OF 7HI E
AND --'HAT 54,!D !-ROPESf�-:2 FREE
OF ALL AIENICUKAT31�1--',%,�55. &14%"4K D-ftt a3/2S] ITT il
KCI- A Ll- u 1%,
VICE FIZE:51IDEt--AT
5"MEWART TMLE o1 LSD, INC
LE:GE:Nl--) 1,
0 INCICATE5 A FOUND Wr-NUMIENT
0 IND[CP%TE5APLAhTICCAP SET ON45KZeAP,(L-ZN-'1l?,4�
N\4
5 C 2C 3C 40
1,CAL' MATE, SEPT EMDEK 1160
5A�oi 1-CUND MONUMENTF�l [� DUO PLA�MLI, , � -) OF I!�EAKING DFTWF-FK - A W I I
CA,' MAKI�ED Al`,� A , It�`)W FLAy-X- Cpsf'"AKKED "L5li!6VA' , -,L�01VI\11
NOTE-
A5 NO= HE�5DN IN 7-lif FNOFERTLI DE'�-,CFjflT,0N1 -1111HIL 'WAKRAN-P-1 OF -EC)
f�CORDED IN 500K 255,kT rA65 7 '0 OF 1�1!7 FITKIN COUNI-1, CALL
7�CK 5EARIN&f) ON HA,11%0,-\17D!-BCN 13LO-K5 Or- NOC-Ox'If
ANO NlM'52'Y,,WHEREAS ALL AAii-^5LF Eiv: E ',N'0!043-En 7HIL
7KU1f- DEIPINC-f5 TO &--- NORTH, 5OUTH, EAST AND Wff��T.
HERE
mg
w -Z
'5.50
f i�
VICINITY MAP
t954 u5, cAF
EA\o7 �4 ccmi[:F, 5rcnou r2 4
4,
7105 K ff5 W OF -THF -,7H ff,14
IX5CRIPTION OF DbEMENT rOK TENN15 COURT ENCKOKHMENT
7'KN`: T c i .AND n I - W- f I Ill-' f --0-- 5 1vV 5 i Qi, M�F, 0 T t-Ir- NC I F A f TF
QUAR-7-F- ^ --TGN Q lC R.ANSE eg "vf-tT- OF -nH,--
5iXTH MEK6�,�q, ATKIN, co,uN7Li, CoLomoo,
!7 I CT5 2 ANO 5, 3-C)CiL 'I
,�N'0 Or A, 'OKUON OF VAC -A=) LAKE AVLI !jE U'; l,CRT HD�L� -OF -, HE E^5EFILII
EXTFE� ION OF -R-IE {N-1 CF-5NO 10 Ti2 AND 3, �ACXE P,\,RTUJlLAF-l-,l
E:EtcRJ8ED A5 Fc W5,
NNNI ; NO AT A �INT NVIIENC�- T,-f- EA j-, qL)Pjl 2
tCr-. 6c3 FEE!,
i NC I
E: E 55�*51'nj`t FEET,
-7,'ENcz toin-i 1,4-1 'EtTi -IC Til-flE Wi7.1--f-,LHE baJ'TH -!IE
EX-i'I"DED 0- -,T-, 2 AND 5
utic1 ;7 -.E�N:o-N JXD
F E E T A:,�-, �54, I �D �X
r �ILOKI.H f E c ��E F011 -I- Cr NI;`1 -4G,
ZONING
7'H,- FIEZOFUF �i 5I`-CWN ANDOff-tc-KOED AND 7HE I-ANV-- tA5 T ANo
1&6T OF -,'HE ,Kf ZONED R-G. AZ-,L°LEI-J, ..AND 7 0
, E FFCMRT� :c�, MNt:D
W-
Al
buKv
KfEY CfRTIFY 7�'1'5 MiAJ' KEFKE5EN75 AN AC-Tu'1L HELP
WKfY vADE UNDEF My OuffEpvIt)6N IN NCr,,/D,5--R Of 1,7, Of -Iliff -01-�,%!INC-
79CT
F/.J�CE:- 1 ,
A TK-CT OF -ANO 5 IT, JAZEN lN ADD17 ON -m- THE --;Ty OF
COUNIN --- -IT-;-,\,, CCY--^,RADC/ MOKE, f-AK7CiJ,4RLH
A-' T0�v'5,
D--&NN INC, /-J, THE 1//4 COKNI]:K, f5r-C 12, 71 C t,
/A 1154 3KA55 CAP); 7TIENCT, N&A'I4'1-7`W 904.35 FT TO THE
FT, N-OW-- THE UCR7-.LEK---I '''NE 0- 01 F-
-�-F-te I
AvFllljE TIC -INE Fn-IIN- OF
NOO 3E)l w,
HENCE N ",52' W FEE-:7,
Og' W 20- OG FEET TO 71-f
b �K 9 i,
FEE'
--D"CE 5o:rot"W loo'co -r-- TrIE o-r
GILLEO-FIE AVENUE,
XLON�- -THE !NF --f-
1VE,IqUff -7 51 --,IG; , -TH F AF)OVE-
HE 10 L5NNIr A\ 1-f
J)D5C' ;aF.D KORE A5C DE50c�l F5BC) AS --T -' AND THE EA5; HA'-�
Cz _A\A-'- Az)Di7_-N Cl-,Y OFF A5r-ni
,
flARCf- 2
A TKICT Of LAND IN -ALLAM'S ADD; -PION -TD THE CIT-i OF A',-F-N,
3DUNTul OF li-TI<IN, CYLOKNDO, E5ff[NC- I,i tf TULLY CE5CR15ED A5 FOLicv,6,,
q-I-Itf FAST t/A CoKtZK OF 5ffC-.12, T:Ot>, 28 W, C,"IH P.M.
(A '154 5K45 CAI' IN F RCE j-Ti-1'EW-L Nrl4-WI-7`W `ICA-tE�> f-j 70THE
CC911111EF-C-1 15LCX-K 'Ic, ADfl-l--N;
N 5.0c FL. -- 71-iE COrINEKOF f--T Cl,
�-I'A-LAMI':- \DOtTCN/- IOC -CC - A\'ONr-- -,T-iF
or = i&-�-AM ", ADD; `D�, 70 -T--E
COF' NEF- OF -07 7C THE POINT, c'
575C FEET;
20.X FEET,
-'DPT52'F 57-50 FEET/
F OF 5d.- I'
�5cc'cEllw 20-OC --ET TC -7HE i 4,NINGl
AiNO --NNO -t7CR-i WOOD FrzA.Mlf HOUtE AND THE ONE tTVF�q Woco 7�AIAE
5E ✓ E-N-591ff-f WT N 7-E- -'iNE� OF
C�T'-:N ANEIiK, A,�
DINMEN510N5 OF THE 5OLYNOAKLI
WA-('CF 70 ME At'410
�N '�ViZDF-N Ci� �<NCWN
5L4 OF CN -TLiE�E AKE Aa-UKA71EL-HOWN
�mAr.
k
,'Ayt5� IKE5EK, L 9t5a
CITY Or A5fEN APPROVAL AND ACCffPT^NCr-
trXCtpToVAf, Of -TH. ff C, F MUF"-M A550r ATIfZ), INC.
WA-;, ACCE-PtED 5-4 THE CIT-4 OF ASPEN, t7l-AT-- OF CSJLCIZADO
OF
ATTEST' 'o
I-/A-II-IFYN 5, KOCH HE'RVAN -IDEMA'10
PLANNING AND ZONING COMM155ION APPROVAL
-I`tll5 5Ul5DiVI:5ION ffxcff-,na, w\f'OF-lHff- C E. MURFI-I'l A5500ATT:5 INC
I,ROpffgT--ll Vill\S /l\FF`KOvff:c) 3 f TtjE
'OF
PARKS APPIKONAL
-TH.15 W501VI51ON ��FTION MAP CF 7HE C F V-fi-Ri-H )N--ff)ctA7F-5/ INC
TlrzoFlffFzAt) APPROVED Q'i miff 07"! OFA5F!f��' OF FIR<5
tDA'I
GITY ENGINEER'--) APPROVAL
5)05OIVI5ION EXCEF-i [ON MAP AtbOCil\!E5, INC,
WA5 AFIF-,VIFD e;,l -1 10 r-r- N
OF:R-Iff- 7L, -A5
A-e
14, 1
DANIEL A. Mr-AKTHOR,
Cl�,, EE',G[NEEJR,
CLERK AND RECORDER 5 ACCEPTANCE
�GF-Fmol-1 MAP 0-, -1-•t C,T=vJ2A55oo/u 5, INC
r-fZ0f'ffFZ-� !t) ACCEFTFID FOR. FILIN& !N'T+tE OFFICE OF THE CLE,f K AND
IZ000K-0ffF- CF- F(-TKIN COUNT', AT COLOF-A00 -C- - -O'CLOCK M
ON -41,5 IAA Of C, n-3r� -�, aA-lt D' �9�50, AND I
AT 0PECEF-PION N'
A-
1
2 3 4
5
6 7
8
10
11 12
13
14
15
16
17
18
22
9
19 20
21