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Home My WebLink AboutExhibit D Application Text.423 N Second StCity of Aspen Community Development Department Aspen Historic Preservation Land Use Packet City of Aspen | 130 S. Galena Street. | (970) 920 5090 Historic Land Use Application Requirements, Updated: March, 2020 City Use: Fees Due: $ Received $ Agreement to Pay Application Fees An agreement between the City of Aspen (“City”) and Property Phone No.: Owner (“I”): Email: Address of Billing Property: Address: (Subject of (send bills here) application) I understand that the City has adopted, via Ordinance No., Series of 2011, review fees for Land Use applications and 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: Property Owner: Phillip Supino, AICP Community Development Director Name: Title: Smuggler FB3, LLC c/o: Bill Guth 970-300-2120 bill@wnggroup.com 423 N. Second Street Aspen, CO 81611 P.O. BOX 2097 Naples, FL 34102 $1,950 6 City of Aspen Community Development Department Aspen Historic Preservation Land Use Packet City of Aspen | 130 S. Galena Street. | (970) 920 5090 Historic Land Use Application Requirements, Updated: March, 2020 ATTACHMENT 2 - Historic Preservation Land Use Application PROJECT: APPLICANT: Name: Address: Phone #: Fax#: E-mail: REPRESENTATIVE: Name: Address: Phone #: Fax#: E-mail: TYPE OF APPLICATION: (please check all that apply): EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) PROPOSAL: (description of proposed buildings, uses, modifications, etc.) Name: Location: (Indicate street address, lot & block number or metes and bounds description of property) Parcel ID # (REQUIRED) Historic Designation Certificate of No Negative Effect Certificate of Appropriateness Minor Historic Development Major Historic Development Conceptual Historic Development Final Historic Development Relocation (temporary, on or off-site) Demolition (total demolition) Substantial Amendment Historic Landmark Lot Split 423 N. Second Street 423 N. Second Street Aspen, CO 81611 Block 41; Lot G, G, H, I 2735-124-14-003 Smuggler FB3, LLC c/o: Bill Guth P.O. BOX 2097 NAPES, FL 34102 970-300-2120 bill@wnggroup.com Ro Rockett Design 1031 Manchester BLVD, Unit 6 Inglewood, CA 90301 213-784-0014 x 1 jro@rorockettdesign.com Selective removals (non-historic), on-site relocation, and restoration of existing historic structure. New addition and new basement below historic and new structure. We will be utilizing the new FAR by maintaining demolition under 40%. The site is currently developed with an existing historic structure and subsequent additions. House was relocated to the current site in the 1950s. Previous location was at Francis & Center St (now Garmisch). City of Aspen Community Development Department Aspen Historic Preservation Land Use Packet City of Aspen | 130 S. Galena Street. | (970) 920 5090 Historic Land Use Application Requirements, Updated: March, 2020 General Information Please check the appropriate boxes below and submit this page along with your application. This information will help us review your plans and, if necessary, coordinate with other agencies that may be involved. YES NO Does the work you are planning include exterior work; including additions, demolitions, new construction, remodeling, rehabilitation or restoration? Does the work you are planning include interior work, including remodeling, rehabilitation, or restoration? Do you plan other future changes or improvements that could be reviewed at this time? In addition to City of Aspen approval for a Certificate of Appropriateness or No Negative Effect and a building permit, are you seeking to meet the Secretary of the Interior’s Standards for Rehabilitation or restoration of a National Register of Historic Places Property in order to qualify for state or federal tax credits? If yes, are you seeking federal rehabilitation investment tax credits in Conjunction with this project? (Only income producing properties listed on the National Register are eligible. Owner-occupied residential properties are not.) If yes, are you seeking the Colorado State Income Tax Credit for Historical Preservation? Please check all City of Aspen Historic Preservation Benefits which you plan to use: Rehabilitation Loan Fund Dimensional Variances Tax Credits Increased Density Conservation Easement Program Waiver of Park Dedication Fees Conditional Uses Historic Landmark Lot Split City of Aspen Community Development Department Aspen Historic Preservation Land Use Packet City of Aspen | 130 S. Galena Street. | (970) 920 5090 Historic Land Use Application Requirements, Updated: March, 2020 ATTACHMENT 3 - Dimensional Requirements Form (Item #10 on the submittal requirements key. Not necessary for all projects.) Project: Applicant: Project Location: Zone District: Lot Size: Lot Area: (For the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high-water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: Proposed: Number of residential units: Existing: Proposed: _______________________________ Proposed % of demolition: ____________________________________% DIMENSIONS: (write N/A where no requirement exists in the zone district) Floor Area: Height Existing: Allowable: Proposed: Principal Bldg.: Existing: Allowable: Proposed: Accessory Bldg.: Existing: Allowable: Proposed: On-Site parking: Existing: Required: Proposed: % Site coverage: Existing: Required: Proposed: % Open Space: Existing: Required: Proposed: Front Setback: Existing: Required: Proposed: Rear Setback: Existing: Required: Proposed: Combined Front/Rear: Indicate N, S, E, W Existing: Required: Proposed: _______________ Side Setback: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Combined Sides: Existing: Required: Proposed: Distance between buildings Existing: Required: Proposed: Existing non-conformities or encroachments and note if encroachment licenses have been issued: Variations requested (identify the exact variances needed): 423 N. Second Street Smuggler FB3, LLC 423 N. Second Street Aspen, CO 81611 R-6 100'-0" x 120'-0" 12,000 SQ FT 0 1 1 1 30.23 5,425 5,4253,660 33'-11"25'-0"25'-0" N/A N/A N/A 222 25%<30%27.1% N/A N/A N/A (N) N/A 10'-0"10'-0" (S) 22'-8"10'-0"10'-0" 22'-8"20'-0"20'-0" (E) 10'-0"(E) 15'-0"(E) 15'-0" (W) 30'-0"(W) 15'-0"(W) 25'-0" 40'-0"40'-0"40'-0" N/A N/A N/A Setback & Lot Line Encroachments - Garage is currently in front yard setback Existing house currently over allowable 3,660 SF FAR. Surplus FAR = 1,765 SF (Total FAR of 5,425 SF) Rear yard setback variance for encroachment of the basement level as well as the roof deck on top of the garage. Basement level encroachment variance granted at Conceptual Review. 0 PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Sarah Yoon, sarah.yoon@cityofaspen.com DATE: June 30, 2020 PROJECT LOCATION: 423 N. Second Street REQUEST: Major Development, Relocation, and Setback Variations DESCRIPTION: 423 N. Second Street is a 12,000 square foot lot at the corner of N. Second Street and W. Smuggler Street. This large Victorian era home is a designated landmark with an established non-conforming floor area in the R-6 residential zone district. Records indicate that this resource was relocated to the current site in the 1950s, and the original front entrance was oriented to face the alley during this move. Over the years, the historic resource has been altered by adding a variety of architectural features including new windows, the wrap-around porch, and a non-historic garage addition accessed from W. Smuggler Street. The applicant proposes to demolish non-historic additions, construct a new above grade addition and possibly reorient the historic front entry of the Victorian to face the street. Restoration work is planned with this scope of work. Due to the large trees on the property, staff recommends the applicant begin conversations with the City Parks Department early in the design process. HPC review for Major Development, Relocation, and Setback Variations are anticipated. Major Development is a two-step process, requiring the approval of Conceptual Design and a Final Design. Conceptual Design review will consider mass, scale and site plan. At this meeting, HPC will consider any dimensional variations requested by the applicant. Following Conceptual, staff will inform City Council of the HPC decision, allowing them the opportunity to uphold HPC’s decision or to “Call Up” aspects of the approval for further discussion. This is a standard practice for all significant projects. Following the Notice of Call Up, HPC will conduct Final Design review to consider landscape, lighting and materials. HPC will use the Historic Preservation Design Guidelines and the Land Use Code Sections that are applicable to this project to assist with their determinations. RELEVANT LAND USE CODE SECTIONS: Section Number Section Title 26.304 Common Development Review Procedures 26.415.070.D Historic Preservation – Major Development 26.415.090 Relocation of Designated Historic Properties 26.415.110 Historic Preservation – Benefits 26.575.020 Calculations and Measurements 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 Historic Preservation Design Guidelines Review by: Staff for completeness and recommendations HPC for decisions City Council for notice of the HPC Conceptual decision Public Hearing: Yes, at Conceptual and Final Neighborhood Outreach: No Referrals: Staff will seek referral comments from the Building Department, Zoning, Engineering and Parks regarding any relevant code requirements or considerations. There will be no Development Review Committee meeting or referral fees. Planning Fees: $1,950 for 6 billable hours of staff time. (Additional/ lesser hours will be billed/ refunded at a rate of $325 per hour.) This fee will be due at Conceptual and Final submittal. Referral Agencies Fee: $0. Total Deposit: $1,950. APPLICATION CHECKLIST: Below is a list of submittal requirements for HPC Conceptual and Final reviews. At each review step, please email the entire application as one pdf to sarah.yoon@cityofaspen.com. The fee will be requested after the application is determined to be complete.  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).  List of adjacent property owners for both properties within 300’ for public hearing.  An 8 1/2” by 11” vicinity map locating the parcel within the City of Aspen.  Site improvement survey including topography and vegetation showing the current status, certified by a registered land surveyor, licensed in the state of Colorado.  A written description of the proposal (scope of work) and written explanation of how the proposed development and any requests for variations or benefits complies with the review standards and design guidelines relevant to the application.  A proposed site plan.  Scaled drawings of all proposed structure(s) or addition(s) depicting their form, including their height, massing, scale, proportions and roof plan; and the primary features of all elevations.  Supplemental materials to provide a visual description of the context surrounding the designated historic property including photographs and other exhibits, as needed, to accurately depict location and extent of proposed work. For Conceptual, the following items will need to be submitted in addition to the items listed above:  Graphics identifying preliminary selection of primary exterior building materials.  A preliminary stormwater design. For Final Review, the following items will need to be submitted in addition to the items listed above:  Drawings of the street facing facades must be provided at ¼” scale.  Final selection of all exterior materials, and samples or clearly illustrated photographs. Samples are preferred for the presentation to HPC.  A lighting plan and landscape plan, including any visible stormwater mitigation features. 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. INVOICE Land Title Guarantee Company 5975 Greenwood Plaza Blvd Suite 125 Greenwood Village, CO 80111 970-925-1678 WILLIAM GUTH WILLIAM GUTH 625 E. MAIN ST. #102B Aspen, CO 81611 Invoice Number:ASP-4455 Date: November 19, 2020 Order Number:62012066 Property Address:423 N 2ND ST ASPEN 81611 Parties:A Buyer To Be Determined Invoice Charges Service: TBD Commitment Ref: 62012066 Addr: 423 N 2ND ST Party: SMUGGLER FB3, LLC, A COLORADO LIMITED LIABILITY COMPANY Total Amount Invoiced: Less Payment(s): Balance Due: $217.00 $217.00 $0.00 $217.00 Due and Payable upon receipt Please make check payable to Land Title Guarantee Company and send to the address at the top of Page 1. Please reference Invoice Number ASP-4455 on your Payment Page 1 invoice.odt 14420 07/2015 07/30/13 11:06:43 AM Reference Your Reference Number:TBD Commitment - 62012066 Our Order Number:ASP-4455 Our Customer Number:84539.1 Invoice Requested by:WILLIAM GUTH Invoice (Process) Date:November 19, 2020 Transaction Invoiced By:Web Services Email Address:system@ltgc.com Land Title Guarantee Company Customer Distribution PREVENT FRAUD - Please remember to call a member of our closing team when initiating a wire transfer or providing wiring instructions. Order Number:Q62012066 Date: 11/19/2020 Property Address:423 N 2ND ST, ASPEN, CO 81611 PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS For Closing Assistance Closing Processor For Title Assistance Melissa Rivera 533 E HOPKINS #102 ASPEN, CO 81611 (970) 925-1678 (Work) (800) 318-8202 (Work Fax) mrivera@ltgc.com Contact License: CO571649 Company License: CO44565 Marc Obadia 533 E HOPKINS #102 ASPEN, CO 81611 (970) 925-1678 (Work) (800) 318-8202 (Work Fax) mobadia@ltgc.com Company License: CO44565 Land Title Roaring Fork Valley Title Team 533 E HOPKINS #102 ASPEN, CO 81611 (970) 927-0405 (Work) (970) 925-0610 (Work Fax) valleyresponse@ltgc.com Buyer/Borrower TBD Delivered via: Electronic Mail Agent for Seller ASPEN INTERNATIONAL PROPERTIES Attention: WILLIAM GUTH 625 E MAIN ST 102B PMB 233 ASPEN, CO 81611 (970) 300-2120 (Work) bill@wnggroup.com Seller/Owner SMUGGLER FB3 LLC, Delivered via: Delivered by Realtor Land Title Guarantee Company Estimate of Title Fees Order Number:Q62012066 Date: 11/19/2020 Property Address:423 N 2ND ST, ASPEN, CO 81611 Parties:A BUYER TO BE DETERMINED SMUGGLER FB3, LLC, A COLORADO LIMITED LIABILITY COMPANY Visit Land Title's Website at www.ltgc.com for directions to any of our offices. Estimate of Title insurance Fees "TBD" Commitment $217.00 Total $217.00 If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at closing. Thank you for your order! Note: The documents linked in this commitment should be reviewed carefully. These documents, such as covenants conditions and restrictions, may affect the title, ownership and use of the property. You may wish to engage legal assistance in order to fully understand and be aware of the implications of the effect of these documents on your property. Chain of Title Documents: Pitkin county recorded 12/06/2019 under reception no. 660994 Plat Map(s): Pitkin county recorded 03/08/2006 under reception no. 521583 at book 77 page 96 Copyright 2006-2020 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Property Address: 423 N 2ND ST, ASPEN, CO 81611 1.Effective Date: 11/10/2020 at 5:00 P.M. 2.Policy to be Issued and Proposed Insured: "TBD" Commitment Proposed Insured: A BUYER TO BE DETERMINED $0.00 3.The estate or interest in the land described or referred to in this Commitment and covered herein is: A FEE SIMPLE 4.Title to the estate or interest covered herein is at the effective date hereof vested in: SMUGGLER FB3, LLC, A COLORADO LIMITED LIABILITY COMPANY 5.The Land referred to in this Commitment is described as follows: LOTS F, G, H AND I, BLOCK 41, CITY AND TOWNSITE OF ASPEN, ACCORDING TO THE LOT LINE ADJUSTMENT PLAT RECORDED MARCH 8, 2006 IN PLAT BOOK 77 AT PAGE 96. COUNTY OF PITKIN, STATE OF COLORADO ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number:Q62012066 ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: Q62012066 All of the following Requirements must be met: This 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. Pay the agreed amount for the estate or interest to be insured. Pay the premiums, fees, and charges for the Policy to the Company. 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. The following will be required should the Company be requested to issue a future commitment to insure: 1.EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF THE CITY OF ASPEN TRANSFER TAX HAVE BEEN SATISFIED. 2.WRITTEN CONFIRMATION THAT THE INFORMATION CONTAINED IN STATEMENT OF AUTHORITY FOR SMUGGLER FB3, LLC, A COLORADO LIMITED LIABILITY COMPANY RECORDED DECEMBER 06, 2019 AT RECEPTION NO. 660992 IS CURRENT. NOTE: SAID INSTRUMENT DISCLOSES JOHN B. JOHNSON AS THE VICE-MANAGER AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF SAID ENTITY. IF THIS INFORMATION IS NOT ACCURATE, A CURRENT STATEMENT OF AUTHORITY MUST BE RECORDED. 3.GOOD AND SUFFICIENT DEED FROM SMUGGLER FB3, LLC, A COLORADO LIMITED LIABILITY COMPANY TO A BUYER TO BE DETERMINED CONVEYING SUBJECT PROPERTY. NOTE: ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE BUYERS NAMES ARE ADDED TO THIS COMMITMENT. COVERAGES AND/OR CHARGES REFLECTED HEREIN, IF ANY, ARE SUBJECT TO CHANGE UPON RECEIPT OF THE CONTRACT TO BUY AND SELL REAL ESTATE AND ANY AMENDMENTS THERETO. THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. This commitment does not republish any covenants, condition, restriction, or limitation contained in any document referred to in this commitment to the extent that the specific covenant, conditions, restriction, or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender identity, handicap, familial status, or national origin. 1.Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4.Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5.Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 8.RESERVATIONS AND EXCEPTIONS AS SET FORTH IN THE DEED FROM THE CITY OF ASPEN RECORDED MARCH 17, 1893 IN BOOK 79 AT PAGE 56, PROVIDING AS FOLLOWS: THAT NO TITLE SHALL BE HEREBY ACQUIRED TO ANY MINE OF GOLD, SILVER, CINNABAR OR COPPER OR TO ANY VALID MINING CLAIM OR POSSESSION HELD UNDER EXISTING LAWS. 9.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF MEMORANDUM FROM CITY OF ASPEN COMMUNITY DEVELOPMENT RECORDED MARCH 6, 2006 AS RECEPTION NO. 521582. 10.EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF LOT LINE ADJUSTMENT RECORDED MARCH 08, 2006 IN BOOK 77 AT PAGE 96. 11.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF REVOCABLE ENCROACHMENT AGREEMENT RECORDED MARCH 8, 2006 AS RECEPTION NO. 521588. 12.ANY FACTS, RIGHTS, INTERESTS OR CLAIMS WHICH MAY EXIST OR ARISE BY REASON OF THE FOLLOWING FACTS SHOWN ON IMPROVEMENT SURVEY PLAT CERTIFIED OCTOBER 10, 2019 PREPARED BY HIRED GUN SURVEYING, JOB #1908122 :ENCROACHMENT OF BRICK PATIO, WALKWAY OUTSIDE OF LOT LINE. SAID DOCUMENT STORED AS OUR ESI 37545523 ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: Q62012066 13.CLAIMS OF RIGHT, TITLE AND/OR INTEREST IN THE PROPERTY BETWEEN THE BOUNDARY LINE AND THE FENCE AS DEPICTED ON THE SURVEY PREPARED BY HIRED GUN SURVEYING, JOB NO. 1908122 WHETHER SAID CLAIMS ARISE BY ABANDONMENT, ADVERSE POSSESSION OR OTHER MEANS. SAID DOCUMENT STORE AS OUR ESI 37545523 ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: Q62012066 LAND TITLE GUARANTEE COMPANY DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: Note: Effective September 1, 1997, CRS 30-10-406 requires that 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 may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 8-1-2 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 Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. The Subject real property may be located in a special taxing district.(A) A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in which the real property is located or that county treasurer's authorized agent unless the proposed insured provides written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real property). (B) The 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. (C) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. (A) 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. (B) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. (C) The Company must receive payment of the appropriate premium.(D) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of 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. (E) Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface estate, in Schedule B-2. 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 a closing protection letter for the lender, purchaser, lessee or seller in connection with this transaction. That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and (A) That such mineral estate may include the right to enter and use the property without the surface owner's permission. (B) JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company as agent for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to your non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: applications or other forms we receive from you, including communications sent through TMX, our web-based transaction management system; your transactions with, or from the services being performed by us, our affiliates, or others; a consumer reporting agency, if such information is provided to us in connection with your transaction; and The public records maintained by governmental entities that we obtain either directly from those entities, or from our affiliates and non-affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. We may share your Personal Information with affiliated contractors or service providers who provide services in the course of our business, but only to the extent necessary for these providers to perform their services and to provide these services to you as may be required by your transaction. We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. We regularly assess security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT STATED ABOVE OR PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows: Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Commitment For Title Insurance Issued by Old Republic National Title Insurance Corporation 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, Old Republic National Title Insurance Company, a Minnesota 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 6 months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. COMMITMENT CONDITIONS 1. DEFINITIONS 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, 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: 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 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. “Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records.(a) “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. (b) “Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law.(c) “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. (d) “Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment.(e) “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. (f) “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. (g) “Title”: The estate or interest described in Schedule A.(h) the Notice;(a) the Commitment to Issue Policy;(b) the Commitment Conditions;(c) Schedule A;(d) Schedule B, Part I—Requirements; and(e) Schedule B, Part II—Exceptions; and(f) a counter-signature by the Company or its issuing agent that may be in electronic form.(g) 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: (a) 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. (b) 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. (c) 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. (d) The Company shall not be liable for the content of the Transaction Identification Data, if any.(e) 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT 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. IN WITNESS WHEREOF, Land Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. Issued by: Land Title Guarantee Company 3033 East First Avenue Suite 600 Denver, Colorado 80206 303-321-1880 Senior Vice President This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Land Title Insurance Corporation. 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 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. 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. (f) In any event, the Company’s liability is limited by the terms and provisions of the Policy.(g) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.(a) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment.(b) 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. (c) 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. (d) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.(e) 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.(f) Smuggler FB3, LLC P.O. BOX 2097 Naples, FL 34102 C/O: Bill Guth bill@wnggroup.com (E) 970-300-2120 (T) November 19, 2020 Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611 To Whom It May Concern: This letter shall serve to provide notice that we authorize Ro Rockett Design to discuss and submit an HPC Application for our property at 423 N. Second Street. Ro Rockett Design contact information: Authorized Individuals: Jason Ro, Zac Rockett, Pil Sun Ham, Andrew Alexander Green 1031 Manchester BLVD, Unit 6 Inglewood, CA 90301 jro@rorockettdesign.com T 213-784-0014 x1 C 646-924-9782 www.rorockettdesign.com Thank you, __________________________ Anne Welsh McNulty, Manager Smuggler FB3, LLC Naples, FL 34102 __________________________ February 11, 2021 Pitkin County Mailing List of 300 Feet Radius Pitkin County GIS presents the information and data on this web site as a service to the public. Every effort has been made to ensure that the information and data contained in this electronic system is accurate, but the accuracy may change. Mineral estate ownership is not included in this mailing list. Pitkin County does not maintain a database of mineral estate owners. Pitkin County GIS makes no warranty or guarantee concerning the completeness, accuracy, or reliability of the content at this site or at other sites to which we link. Assessing accuracy and reliability of information and data is the sole responsibility of the user. The user understands he or she is solely responsible and liable for use, modification, or distribution of any information or data obtained on this web site. This document contains a Mailing List formatted to be printed on Avery 5160 Labels. If printing, DO NOT "fit to page" or "shrink oversized pages." This will manipulate the margins such that they no longer line up on the labels sheet. Print actual size. From Parcel: 273512414003 on 08/25/2020 Instructions: Disclaimer: http://www.pitkinmapsandmore.com D W RINGSBY ENTERPRISES LLC DENVER, CO 80204 1336 GLENARM PL #200 DODGE LARRY & SARA LIV TRST RANCHO SANTA FE, CA 92067 PO BOX 2029 BLOCK FAMILY TRUST SANTA MONICA, CA 90405 2203 3RD ST #7 NAMADA PARTNERS GP BETHESDA , MD 20814 5116 MOORLAND LANE GREENBERG ASPEN LP ASPEN, CO 81611 240 LAKE AVE 230 LAKE LLC ASPEN, CO 81611 533 E HOPKINS AVE 3RD FLR 201 WEST SMUGGLER LLC HOUSTON , TX 77056 2121 SAGE RD #333 SIERRA ADVISORS LP HOUSTON, TX 77024 333 LITTLE JOHN LN CMML PROPERTIES LLC NEW YORK, NY 10022 120 E 56TH ST #320 229 WEST SMUGGLER LLC DALLAS, TX 75205 3509 CRESCENT AVE BARNHART PAUL F JR HOUSTON, TX 77056 2121 SAGE RD #333 SCHERMER GREGORY P & GRANT E ASPEN, CO 81611-1347 210 LAKE AVE ARGON LLC ASPEN, CO 81611 533 E HOPKINS AVE 3RD FL SCHIFF DAVID T NEW YORK, NY 10036 1177 AVE OF AMERICAS 42ND FL WEST SMUGGLER CONDO ASSOC ASPEN, CO 81611 COMMON AREA 322 W SMUGGLER FULLERTON JESSICA RES TRST ASPEN, CO 81611 306 W FRANCIS ST ALLEN ASPEN RES TRUST HOUSTON, TX 77027 4545 POST OAK PL #101 210 WEST FRANCIS LLC NAPLES, FL 34102 255 13TH AVE S #202 LAND TRUST MCLEAN, VA 22102 1650 TYSONS BLVD #900 426 NORTH SECOND LLC DALLAS, TX 75205 3509 CRESCENT AVE SECOND AND SMUGGLER CONDO ASSOC ASEPN, CO 81611 COMMON AREA 426 N SECOND ST 212 WEST FRANCIS LLC NAPLES, FL 34102 255 13TH AVE SOUTH #202 ASPEN RIVER RENDEZVOUS LLC GARDEN CITY, NY 11530 PO BOX 7138 PEARLSTONE ESTHER S ASPEN, CO 81612 PO BOX 8750 5 CONTINENTS ASPEN REALTY CORP ASPEN, CO 81611 407 N 3RD ST 326 WEST SMUGGLER LLC CHARLOTTE, NC 28202 500 E MOORHEAD ST #200 BARNARD JUDITH & FAIN MICHAEL ASPEN, CO 81611 413 W SMUGGLER SCHERMER LLOYD G & BETTY A ASPEN, CO 81611-1347 210 LAKE AVE KIENAST FAMILY LP LLLP ASPEN, CO 81611 406 W SMUGGLER ASPEN DRAGONFLY PARTNERS LLC NEW YORK, NY 10019 250 W 55TH ST 37TH FL HANSON LUCY C PORT TOWNSEND, WA 98368 1775 FIR ST FULLERTON TRUST ASPEN, CO 81611 306 W FRANCIS ST PHILLIPPE THOMAS E JR & SUSAN MARIE ASPEN, CO 81611-1356 225 W SMUGGLER ST VICENZI GEORGE A TRUST ASPEN, CO 81612 PO BOX 2238 BLOCK FAMILY TRUST SANTA MONICA, CA 90405 2203 3RD ST #7 MOORE DIANE ASPEN, CO 81611 303 W FRANCIS CONNER MELINDA M TRUST LOS ANGELES, CA 90025 11100 SANTA MONICA BLVD #1700 322 SMUGGLER LLC TULSA, OK 74136 6120 S YALE AVE #813 ALTIERI FAMILY TRUST CORONA DEL MAR, CA 92625 206 DRIFTWOOD RD SAX JOEL ASPEN, CO 81611 303 W FRANCIS ST FULLERTON JOHN RES TRST ASPEN, CO 81611 306 W FRANCIS ST 234 WEST FRANCIS LLC NEW YORK, NY 10174 405 LEXINGTON AVE KINNEY FAMILY LP ASPEN, CO 81611 307 W FRANCIS ST CONOVER CATHRINE M WASHINGTON, DC 20007 1010 WISCONSIN AVE NW #550 BRUNDIGE CHELSEA C SNOWMASS, CO 81654 1755 SNOWMASS CREEK RD CITY OF ASPEN ASPEN, CO 81611 130 S GALENA ST GOTHAM AJAX LLC NEW YORK, NY 100202346 600 5TH AVE FL 14 301 LAKE AVENUE LLC BOCA RATON, FL 33431 2385 NW EXECUTIVE CTR DR #440 BLOCK FAMILY TRUST SANTA MONICA, CA 90405 2203 3RD ST #7 RO | ROCKETT DESIGN 1306 Bridgeway, Floor 2 / Sausalito, CA 94965 / 415.289.0830 / www.rorockettdesign.com Overview Our proposal is to restore the existing Victorian house at 423 N. Second Street in order to enhance and highlight the original historic structure and character. We propose to remove multiple, non-historic additions and structures and to include a new, subordinate addition at the rear of the property. Additionally, the material palette has been carefully selected to act as a quiet supporting character, using light tonal hues to showcase the restored Victorian. This proposed design maintains the existing non-conforming Floor Area, and we will demolish less than 40% of the existing structure as required by Code. Where an original non historic element is retained (an existing Level 01 addition in the 1950s as indicated on Sheet Z-004), it has clearly been indicated in the drawings and will be treated carefully to integrate with the character of the historic elements. The house as currently positioned/oriented will be relocated to reestablish the traditional relationship of the house facing the street and to comply with current setbacks. Notably, the front door of the house will be restored to the primary street elevation along Second Street by relocation and rotation.