HomeMy WebLinkAboutAPPLICATION.LOT 11 CRYSTAL LAKE RD.20210322
300 SO SPRING ST | 202 | ASPEN, CO 81611
970.925.2855 | BENDONADAMS.COM
March 22, 2021
Amy Simon
Planning Director
City of Aspen
130 So. Galena St.
Aspen, CO 81611
RE: #tbd Crystal Lake Road; Lot 11, Callahan Subdivision
Special Review for Top-of-Slope Determination
Ms. Simon:
Please accept this Special Review application for
a determination of top-of-slope related to Stream
Margin Review. Lot 11 of the Callahan Subdivision
is a vacant parcel fronting the Roaring Fork River
with no previous development history. The 1.1-
acre parcel is zoned R-15 (Moderate-Density
Residential) and allows for the development of one
or two residences in an attached or detached
configuration.
The application does not include a design or layout of a new home. The applicant is
seeking this Special Review to establish the top-of-slope and setbacks from the Roaring
Fork River prior to engaging in a design process. Once this top-of-slope is established, a
compete design can be submitted for the full Stream Margin Review.
This portion of the Roaring Fork River is less
roaring-ish and the riverbank has no obvious break
in the terrain. However, there is a notable change
in vegetation and soil conditions. Along the river
and in areas that appear to be seasonally
inundated, the vegetation appears to consist of
wetland species and the soil has a higher organic
content. There is a clear change to dryland
vegetation and sandy, loamy soil conditions. The
picture to the right shows this change in vegetation
from wetland species in the foreground to dryland
species in the midground.
Lot 11 Callahan
Page 2
300 SO SPRING ST | 202 | ASPEN, CO 81611
970.925.2855 | BENDONADAMS.COM
The property survey reflects portions of the property within the Floodway, the Flood Zone
AE, and the Flood Zone X. This is shown below. This delineation follows the change in
vegetation and soil conditions.
The City’s Stream Margin regulations do not apply to portions of the property more than
100 feet from the mapped high-water line. The map below shows this 100-foot setback
line. This line does not correlate with the site topography or vegetation conditions. It
merely maps a setback from the high-water delineation.
Lot 11 Callahan
Page 3
300 SO SPRING ST | 202 | ASPEN, CO 81611
970.925.2855 | BENDONADAMS.COM
An initial site visit was conducted with a
representative of the City Engineering
Department in the Fall of 2020. The site
visit resulted in the map below
(transcribed from site mapping) with the
blue line representing a top-of-slope
reflective of actual site conditions. As the
initial site visit was prior to this
application being submitted, the line
represented in this map is not considered
an official decision by City Engineering.
This line can be staked in preparation for
an official site visit, as snow conditions
allow a closer inspection of soil and
vegetation conditions. This proposed
top-of-slope line is reflected on the draft
Stream Margin Map submitted with this
application.
The sum total effect of this proposed top-
of-slope line is to prohibit development
on the eastern side of the property that
could otherwise intrude into the wetland
area and allow development on the
western side of the property where the
land is dry and not subject to seasonal
flooding. A progressive height limit from
this top-of-slope line would also be
implemented. The map below shows the
areas to be added and deleted.
Lot 11 Callahan
Page 4
300 SO SPRING ST | 202 | ASPEN, CO 81611
970.925.2855 | BENDONADAMS.COM
The property is unaddressed and legally described as Lot 11 of the Callahan Subdivision.
The property is owned by North Clove N.V.; Marianela Espinosa de Suarez, Attorney in-
fact. BendonAdams has been authorized to submit this land use application.
This application responds to the Special Review criteria and Stream Margin Review
criteria. Responses to each review criterion are attached to this application as Exhibit 1.
We believe this application contains the necessary information for a complete and
competent review. Please let us know if additional information is needed. We look forward
to your review and will make ourselves available for any questions or concerns you have.
We can also arrange a site visit at your request.
Kind Regards,
Chris Bendon, AICP
BendonAdams LLC
Attachments:
1. Response to Review Criteria
2. SGM Engineering Report
3. Proposed Top-of-Slope Map
4. Application Form
5. Authorization to Represent
5.1 Power of Attorney
6. Proof of Ownership
7. Agreement to Pay
8. HOA Form
9. Pre-Application Summary
10. Vicinity Map
11. Site Improvement Survey
12. Site Pictures
Exhibit 1
Review Criteria
26.435.040.C Stream Margin Review standards. No development shall be permitted within
the stream margin of the Roaring Fork River unless the Community Development Director
makes a determination that the proposed development complies with all requirements set forth
below:
1. It can be demonstrated that any proposed development which is in the Special Flood Hazard
Area will not increase the base flood elevation on the parcel proposed for development. This
shall be demonstrated by an engineering study prepared by a professional engineer
registered to practice in the State which shows that the base flood elevation will not be
raised, including, but not limited to, proposing mitigation techniques on or off-site which
compensate for any base flood elevation increase caused by the development; and
Response: No development will occur in the Special Flood Hazard Area
2. The adopted regulatory plans of the Open Space and Trails Board and the Roaring Fork
River Greenway Plan are implemented in the proposed plan for development, to the greatest
extent practicable. Areas of historic public use or access shall be dedicated via a recorded
easement for public use. A fisherman's easement granting public fishing access within the
high-water boundaries of the river course shall be granted via a recorded "Fisherman's
Easement;" and
Response: The Open Space and Trails Board does not have any adopted regulatory
plans that affect this parcel. The Roaring Fork Greenway Plan does not appear to be
effective of applicable. This plan is not referenced in the City of Aspen Municipal Code
or the 2012 Aspen Area Community Plan. A search of City ordinances reflects that this
plan was not adopted as a regulatory document and the plan does not appear on the
City’s website. City staff have not been able to locate a copy of this plan. If a copy of
the plan is located, the applicant will review regulatory aspects for applicability to this
property.
3. There is no vegetation removed or damaged or slope grade changes (cut or fill) made
outside of a specifically defined building envelope. A building envelope shall be designated
by this review and said envelope shall be designated by this review and said envelope shall
be recorded on a plat pursuant to Subsection 26.435.040(f)(1); and
Response: The applicant is requesting the top-of-slope be set as proposed in the
application drawings. Areas below (riverside) of this delineation will not be disturbed.
Areas above (upslope) of this line will be subject to setback limitations. Subsequent to
this review the applicant will file the appropriate plat.
4. The proposed development does not pollute or interfere with the natural changes of the
river, stream or other tributary, including erosion and/or sedimentation during construction.
Increased on-site drainage shall be accommodated within the parcel to prevent entry into
the river or onto its banks. Pools or hot tubs cannot be drained outside of the designated
building envelope; and
Response: The applicant is not proposing development at this time, only a top-of-slope
determination. Development on this site will continue to be subject to a full Stream
Margin Review and information regarding grading, drainage, and construction technique
can be reviewed at the time an actual design is presented.
5. Written notice is given to the Colorado Water Conservation Board prior to any alteration or
relocation of a water course and a copy of said notice is submitted to the Federal Emergency
Management Agency; and
Response: Alteration of the water course is not proposed and is not anticipated to
become an issue with actual construction. Notice will be provided if this changes.
6. A guarantee is provided in the event a water course is altered or relocated, that applies to
the developer and his heirs, successors and assigns that ensures that the flood carrying
capacity on the parcel is not diminished; and
Response: Alteration of the water course is not proposed and is not anticipated to
become an issue with actual construction.
7. Copies are provided of all necessary federal and state permits relating to work within the
100-year flood plain; and
Response: No work is proposed within the 100-year floodplain. If work in the future is
proposed, all Federal and State permits will be obtained.
8. There is no development other than approved native vegetation planting taking place below
the top of slope or within fifteen (15) feet of the top of slope or the high waterline, whichever
is most restrictive. This is an effort to protect the existing riparian vegetation and bank
stability. New plantings (including trees, shrubs, flowers and grasses) outside of the
designated building envelope on the river side shall be native riparian vegetation as
approved by the City. A landscape plan will be submitted with all development applications.
The top of slope and 100-year flood plain elevation of the Roaring Fork River shall be
determined by the Stream Margin Map located in the Community Development Department
and filed at the City Engineering Department; and
Response: The applicant understands and agrees that nothing other than native
vegetation is to be planted below or within 15 feet of the top-of-slope and that City
approval is required for plantings along the river side of the development. As no
development is proposed at this time, the applicant does not have a landscape plan.
This property will remain subject to a full Stream Margin Review and a landscape plan
will be presented along with the eventual design of the home.
9. All development outside the fifteen (15)
foot setback from the top of slope does not
exceed a height delineated by a line
drawn at a forty-five (45) degree angle
from ground level at the top of slope.
Height shall be measured and determined
by the Community Development Director
using the definition for height set forth at
Section 26.04.100 and method of
calculating height set forth at Section
26.575.020 as shown in Figure "A"; and
Response: The applicant understands and agrees to the progressive height limit
originating from the top-of-slope at a 45-degree angle. As no development is proposed
at this time, the applicant does not have specific architecture. This property will remain
subject to a full Stream Margin Review and confirmation of compliance with this height
limitation will need to occur prior to proceeding to building permit review.
10. All exterior lighting is low and downcast with no light(s) directed toward the river or located
down the slope and shall be in compliance with Section 26.575.150. A lighting plan will be
submitted with all development applications; and
Response: The applicant understands that exterior lighting will need to comply with the
City’s lighting regulations and that lights cannot be directed towards the river. As no
development is proposed at this time, the applicant does not have a lighting plan for this
review. Compliance with the City’s lighting regulations and this criterion will be
demonstrated prior to construction.
11. There has been accurate identification of wetlands and riparian zones.
Response: The report from SGM Engineering comments on the presence of wetland
species and the riparian zone along the edge of the river. A site inspection, when snow
cover conditions allow, will be beneficial.
26.435.040.E – Special Review. An application requesting a variance from the stream margin
review standards or an appeal of the Stream Margin Map's top of slope determination, shall be
processed as a special review in accordance with common development review procedure set
forth in Chapter 26.304. The special review shall be considered at a public hearing for which
notice has been published, posted and mailed, pursuant to Subsection 26.304.060(e)(3)
Paragraphs a, b and c. Review is by the Planning and Zoning Commission.
A special review from the stream margin review determination may be approved, approved with
conditions or denied based on conformance with the following review criteria:
1. An authorized survey from a Colorado professionally licensed surveyor shows a different
determination in regards to the top of slope and 100-year flood plain than the Stream Margin
Map located in the Community Development Department and filed in the City Engineering
Department; and
Response: The commentary provided by SGM Engineering and the draft Top-of-Slope
survey provided by Rodney Kiser, a Colorado licensed land surveyor with True North
Surveying, indicate a proposed top-of-slop different from the 100-foot high-water line
setback.
2. The proposed development meets the stream margin review standard(s) upon which the
Community Development Director had based the finding of denial.
Response: See above responses to the Stream Margin Review criteria.
www.sgm-inc.com
GLENWOOD SPRINGS 118 West Sixth St, Suite 200 | Glenwood Springs, CO 81601 | 970.945.1004
Engineering Report-LandUse-277DanielsonDr.docx
February 24, 2021
Chris Bendon
www.bendonadams.com
300 So. Spring St. #202
Aspen, CO 81611
(o) 970.925.2855
RE: Address TBD, aka Lot 11 Callahan Subdiv, Pitco Parcel ID 273718132011 – Due Diligence
Engineering Memorandum
Dear Chris:
This report addresses an overview of Civil Engineering aspects of potential development of the above parcel.
This site is an unoccupied parcel off of Crystal Lake road approximately 300 feet west of Highway 82.
Occupied residential parcels are to the west and, across the street, to the north. Farther north is Crystal Lake
itself, the outfall of which impact this parcel. To the east is another residential parcel that is in the County
(the City limit is immediately adjacent to the east side of the parcel in question. To the south and cutting
through the very southern end of the property is the Roaring Fork River.
This report is to indicate the applicant’s approach to comply or, if circumstances warrant, vary from Pitkin
County code sections 7-20-10 through 30 and the engineering elements of 7-30. At this point we see no
reason for variance requests due to any site-engineering related issue. However, at this time, there is not a
specific site plan. This assessment is for feasibility and to determine if there are any obvious hurdles,
administratively or technically, from the development of this site for a new SFR. Therefore, we have made
some assumptions which will be indicated in this report. It is reasonable to assume this information will
need to be reviewed once a specific site plan is proposed to affirm these assertions can still be met.
Driveway & Access
The site is currently accessed via a dirt path off from the pedestrian trail from the adjacent Lot 13. This
would not be continued, with a direct connection from Crystal Lake Road. The target developable portion
is several feet lower than CLR likely requiring elevated construction to keep the driveway at a reasonable
slope. Adding to this necessity is the fact that the overflow outfall pipe from Crystal Lake, an 18” pipe,
empties into this parcel near the northwest corner, under the most ideal spot for driveway access. That pipe
would need to extend, with supporting calculations, and assurances of the continued route of overflow
around and past the desired building area. That pipe is damaged and crushed and would need to be inspected
before extension to determine the appropriate connection method. Ensuring this overflow is maintained and
in good shape should be considered by the potential lot owner so debris does not inadvertently move or
cause other damage to the drainage path through Lot 11.
Exhibit 2
www.sgm-inc.com
Page | 2
Grading & Drainage
As noted, the overflow path from Crystal Lake goes through Lot 11, entering at the northwest corner,
crossing and curving southward prior to the east property boundary. Until a site plan would be prepared, it
is unclear how far the culvert extension or what other amendments may be needed, but, at a minimum, we
would recommend the pipe be carried around the main footprint of protected structures.
Following, it is also reasonable that this general channel and flowpath will double as the concentration point
for site runoff prior to entering the Roaring Fork. The south end of the parcel, between the designated
setbacks and floodplain areas, an owner should expect some level of water quality and potential detention
in that lower area above the bank. With the proximity to the creek, a deep drywell is not likely, therefore
shallow or surface controls would be designed to satisfy the CoA URMP criteria.
The south end of the parcel is impacted by the floodplain Zone X and AE and is shown on the and shown
on the stream margin map. An assessment of the precise location of this, along with normal high water line
is underway and will be presented in a separate document from SGM.
The above driveway access, as currently described, would seem to provide for an elevation of a garage or
main floor no lower than an 8010 elevation.
Slopes
The vast majority of the site is at 30% or less slope. Some notable area at the north end of the parcel are
steeper than 30% and would appear to have been associated with the lake outfall construction and associated
access roads. To continue the outfall pipe around the likely home site would entail constructing and filling
to some degree on that slope to cover the outfall pipe and protect the house.
Water and Sewer
Water and Sewer existing in the Crystal Lake ROW and would appear to be accessible through typical
construction methods. It is possible some or all of a proposed house would need an ejector pump for sewer,
but that is not an uncommon circumstance with readily available appurtenances for internal plumbing. A
fire hydrant is to the northeast of this parcel, across the road.
Electric, Phone, Communications
Power and communications are along the north side of CLR and appear to be accessible for typical service
needs.
Gas
Gas is available along the south side of CLR and appears accessible near the trailhead.
www.sgm-inc.com
Page | 3
River and Stream Corridors and Wetlands (§7-20-80) – provided by Eric Petterson
The parcel is somewhat constrained by a 100-foot setback from the top-of-bank of the Roaring Fork River,
as well as wetlands. On February 23, 2021, SGM environmental staff delineated the top of bank of the river.
The top of bank was delineated based on topographic benching, indicating of high flow events, as well as a
wrack-line (which consisted of entrained vegetation in willows, which is also indicative of high-flow events).
The attached map shows the top-of-bank as well as the County-prescribed 100-foot buffer.
Wetlands are extensive at the southern and eastern sides of the parcel, but due to snow cover, an accurate
delineation of wetland boundaries was not possible. The County also prescribes a 100-foot buffer from
wetlands, which may be reduced to between 100 feet and a minimum of 50 feet, as long as a reduction in
the buffer would not result in water quality degradation, stream bank erosion and/or a reduction in the quality
of riparian or wetland habitat pursuant to standards in Section 7-20-80(4) of the Land Use Code (see §7-20-
80(a)(2)).
Traffic Impact (§7-30-20)
The typical single-family residential uses are not anticipated to change traffic loading along CLR. We would
recommend landscaping be kept below typical vehicular visibility levels at the driveway as the pedestrian
trail is to the immediate west of the site.
Conclusion
We trust this report is sufficient for the applicant’s review of feasibility on the parcel. There is no obvious
reason or significant difficulty in developing this site. Please feel free to contact us if we may provide further
information or clarification.
Very Truly Yours,
Rick L Barth, P.E., Senior Engineer
Civil Services Sector
SGM
Attachments / Associated reports: Top of bank map
Page | 4
E E
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FOUND MAG NAIL &
ALUMINUM TAG
NO IDENTIFICATION
IN PAVEMENT
SET MAG NAIL &
1-1/2"ALUMINUM TAG
TNC PLS38215 IN PAVEMENT
SITE BENCH MARK
SET REBAR & 1-1/4"
ORANGE PLASTIC CAP
TNC PLS38215
ELEVATION: 8014.92
FOUND NO. 5 REBAR &
1-1/4" YELLOW PLASTIC CAP
TRI-CO LS12707
SET WOOD LATH ALONG
TOP OF SLOPE PER
CITY OF ASPEN MAPPING
65.5' WITNESS CORNER
FOUND NO. 5 REBAR &
1-1/4" YELLOW PLASTIC
CAP ALPINE LS9184
53.7' WITNESS CORNER
FOUND NO. 5 REBAR &
1-1/4" YELLOW PLASTIC
CAP ALPINE LS9184
FOUND NO. 5 REBAR &
1-1/4" YELLOW PLASTIC CAP
TRI-CO LS12707
FOUND NO. 6 REBAR &
3-1/4" ALUMINUM CAP
STAMPED MS890/MS612
BLM 1954
(COR. 1 RIVERSIDE PLACER
MS NO. 3905)
FOUND NO. 6 REBAR &
3-1/4" ALUMINUM CAP
STAMPED MS6120
COR 2 BLM 1954
3.0' BETWEEN CAPS
CO
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STONE RETAINING WALL
EDGE OF GRAVEL
EDGE OF GRAVEL
PAVED PEDESTRIAN
PATH
PAVED ROADWAY
CRYSTAL LAKE
OVERFLOW OUTLET PIPE
PER PLAT BOOK 6
AT PAGE 18
FL
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15' TOP OF SLOPE
SETBACK
L=89.75'
R=375.00'
CB=N84°45'04"E
CH=89.55'
L=21.21'
R=375.00'
CB=N79°36'36"E
CH=21.21'
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LOT 11
1.104± ACRES
48,106± SQ.FT.
LOT 13
OWNER
ASPEN CLUB
LOT 12
OWNER
CG CRYSTAL LAKES HOLINGS LLC
LOT 5
STILLWATER
RANCH
OWNER
JOHN BURGESS
LOT 6
STILLWATER
RANCH
OWNER
GERSON TRUST
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CITY OF ASPEN
2009 GPS
MONUMENT #18
CITY OF ASPEN
2009 GPS
MONUMENT #19
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BASED FLOOD ELEVATION 7993
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FLOOD ZONE AE
AREA WITHIN FLOODWAY
SPECIAL FLOOD ZONE X
AREA OF 0.2% ANNUAL
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CRYSTAL
LAKE ROAD
(24' PRIVATE R
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10' WIDE UTILITY EASEMENT
PLAT BOOK 5 PAGE 7
5' WIDE UTILITY EASEMENT
PLAT BOOK 5 PAGE 7
5' WIDE UTILITY EASEMENT
PLAT BOOK 5 PAGE 7
5' WIDE UTILITY EASEMENT
PLAT BOOK 5 PAGE 7
10' REAR SETBACK
5' ACCESSORY
BUILDING SETBACK
10
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30' ACCESSORY
SETBACK
25' SETBACK
NORTH LINE OF OPEN SPACE
REAR YARD SETBACK LINE
(EFFECTIVELY SUPERSEDED BY
OPEN SPACE BOUNDARY AND
STREAM MARGIN SETBACK LINES
AS APPLICABLE
100
'
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CLERK AND RECORDER 'S CERTIFICATE
THIS STREAM MARGIN MAP WAS FILED FOR RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY AT ____
O'CLOCK____.M., ON THE ____ DAY OF__________, A.D. 2021, AND IS DULY RECORDED IN BOOK _____, PAGE ______, RECEPTION
NO.______________________.
___________________________________________________________
CLERK AND RECORDER
BY:________________________________________________________
DEPUTY
WATER LINE
SEWER LINE
TELEPHONE LINE
GAS LINE
ORF
R
EV I E W
UNDERGROUND ELECTRIC LINE
TELEPHONE PEDESTAL
DYH
S
FIRE HYDRANT
SANITARY MANHOLE
ELECTRICAL TRANSFORMER
ELECTRICAL METER
LEGEND
E
WATER VALVE BOX
VICINITY MAP
NOTES:
LOT 11 - CALLAHAN SUBDIVISION
SECTION 18, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH PM
COUNTY OF PITKIN, STATE OF COLORADO
STREAM MARGIN MAP
TRUE NORTH COLORADO LLC.
A LAND SURVEYING AND MAPPING COMPANY
P.O. BOX 614 - 386 MAIN STREET UNIT 3
NEW CASTLE, COLORADO 81647
(970) 984-0474
www.truenorthcolorado.com
PROJECT NO: 2020-240
DATE: March 18, 2021
DRAWN
RPK
SURVEYED
DJB
SHEET
1 OF 1
TRUENORTH
A LAND SURVEYING AND MAPPING COMPANY
20'
10'40'
SCALE: 1" = 20'
N
0
NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY
LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE
YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY
ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE
THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON.
SLOPE LEGEND
0% TO 20% (36,939± SQ.FT.)
(EXCLUDES AREA BELOW HIGH WATER LINE)
(3,808± SQ.FT.)
20% TO 30% (2,630± SQ.FT.)
30% & GREATER (4,729± SQ.FT.)
SCALE: 1" = 800'
H
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CRYSTAL LAKE
ROAD
WESTVIEW DRIVE
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CITY OF ASPEN
ROA
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F
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RIVE
R
SITE
PURPOSE STATEMENT
TO ESTABLISH THE TOP OF SLOPE
ALONG THE ROARING FORK RIVER
CERTIFICATE OF OWNERSHIP
THE UNDERSIGNED, NORTH CLOVE N V, A CORPORATION, AS OWNER OF LOT 11, SECOND AMENDED PLAT OF THE
CALLAHAN SUBDIVISION, ACCORDING TO THE PLAT RECORDED OCTOBER 4, 1982, IN PLAT BOOK 13 AT PAGE 92,
AS RECEPTION NO. 244589, CONTAINING 1.104 ACRES, MORE OR LESS, HEREBY ACKNOWLEDGE THIS STREAM
MARGIN MAP.
NORTH CLOVE N V, A CORPORATION
1333 SOUTH MIAMI AVENUE SUITE #100
MIAMI, FL 33130
_________________________________________________________
AUTHORIZED AGENT
STATE OF COLORADO )
) SS
COUNTY OF PITKIN )
THE FOREGOING STREAM MARGIN MAP WAS EXECUTED AND ACKNOWLEDGED BEFORE ME ON
____________________________________________________, 2021 BY ________________________________________.
WITNESS MY HAND AND OFFICIAL SEAL.
______________________________________________________
NOTARY PUBLIC
COMMUNITY DEVELOPMENT DIRECTOR APPROVAL
THIS STREAM MARGIN MAP IS APPROVED BY THE CITY OF ASPEN COMMUNITY DEVELOPMENT DIRECTOR
THIS _________ DAY OF_____________________________, 2021.
BY:___________________________________________________________
PHILLIP SUPINO - DIRECTOR
COMMUNITY DEVELOPMENT
CITY ENGINEERING DEPARTMENT REVIEW
THIS STREAM MARGIN MAP WAS REVIEWED BY THE CITY OF ASPEN ENGINEERING DEPARTMENT THIS ____ DAY
OF_____________________________, 2021.
BY:___________________________________________________________
TRISH ARAGON, PE
CITY ENGINEER
SURVEYOR 'S CERTIFICATE
I, RODNEY P. KISER, COLORADO REGISTERED LAND SURVEYOR, DO HEREBY CERTIFY THAT I HAVE PREPARED THIS
STREAM MARGIN MAP, THAT THE LOCATION OF THE PROPERTY BOUNDARIES ARE BASED ON A FIELD SURVEY
PERFORMED JULY 1 & 2, 2020 UNDER MY DIRECT SUPERVISION AND RESPONSIBLE CHARGE AND THAT IT IS TRUE AND
CORRECT TO THE BEST OF MY BELIEF AND KNOWLEDGE.
IN WITNESS THEREOF, I HAVE SET MY HAND AND SEAL THIS ________ DAY OF ________________________, 2021.
____________________________________________________________________________
RODNEY P. KISER
LICENSED PROFESSIONAL LAND SURVEYOR
COLORADO REGISTRATION NO. 38215
Exhibit 3
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)
#tbd Crystal Lake Road; Aspen, CO 81611
2737-181-32-011
North Clove N.V.; a Curacao registered Limited Liability Company
1333 So. Miami Ave. #100; Miami, FL 33130
marianelae@mac.com
BendonAdams
300So. Spring St. #202; Aspen, CO 81611
970.925.2855 Chris@BendonAdams.com
Existing 1.1 ac. vacant lot. Proposed top-of-slope determination for
placement of residential development
na na
na na
1 or 2 (existing rights)
x
x
x
x
3,475
305-577.3094
Exhibit 4
Exhibit 5
Exhibit 5.1
The relationship between the Company and the Attorney -in -Fact shall be governed by and
construed in accordance with the laws of Curagao. Any disputes arising out of or in
connection with this relationship between the Company and the Attorney -in -Fact shall be
submitted to the competent court in Curagao.
IN WITNESS WHEREOF, the Company has caused this Power of Attorney to be duly
executed on February 3, 2021.
NORTH CLOVE N.V
By its Managing Director
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:Q62012351-3 Date: 03/16/2021
Property Address:TBD CRYSTAL LAKE RD, ASPEN, CO 81611
PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS
For Closing Assistance Closing Processor For Title Assistance
Kimberly Szczesny
533 E HOPKINS #102
ASPEN, CO 81611
(970) 925-1678 (Work)
(303) 393-4870 (Work Fax)
kparham@ltgc.com
Contact License: CO414945
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
TO BE DETERMINED
Delivered via: No Commitment Delivery
BENDON ADAMS
Attention: CHRIS BENDON
chris@bendonadams.com
Delivered via: Electronic Mail
Exhibit 6
Land Title Guarantee Company
Estimate of Title Fees
Order Number:Q62012351-3 Date: 03/16/2021
Property Address:TBD CRYSTAL LAKE RD, ASPEN, CO 81611
Parties:TO BE DETERMINED
NORTH CLOVE, N.V., A CURACAO CORPORATION AS SUCCESSOR TO NORTH
CLOVE , N.V., A NETHERLANDS ANTILLES CORPORATION
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
TBD - TBD Income $-217.00
Total $0.00
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 10/15/1982 under reception no. 244786 at book 434 page
64
Plat Map(s):
Pitkin county recorded 05/19/1976 at book 5 page 7
Pitkin county recorded 08/19/1977 at book 6 page 16
Pitkin county recorded 10/04/1982 at book 13 page 92
Copyright 2006-2021 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:
TBD CRYSTAL LAKE RD, ASPEN, CO 81611
1.Effective Date:
03/05/2021 at 5:00 P.M.
2.Policy to be Issued and Proposed Insured:
"TBD" Commitment
Proposed Insured:
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:
NORTH CLOVE, N.V., A CURACAO CORPORATION AS SUCCESSOR TO NORTH CLOVE , N.V., A
NETHERLANDS ANTILLES CORPORATION
5.The Land referred to in this Commitment is described as follows:
LOT 11,
CALLAHAN SUBDIVISION,
RECORDED MAY 19, 1976 IN PLAT BOOK 5 AT PAGE 7 AND FIRST AMENDMENT THERETO RECORDED
AUGUST 17, 1977 IN PLAT BOOK 6 AT PAGE 16 AND SECOND AMENDED PLAT RECORDED OCTOBER 4,
1982 IN PLAT BOOK 13 AT PAGE 92.
COUNTY OF PITKIN,
STATE OF COLORADO.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Order Number:Q62012351-3
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part I
(Requirements)
Order Number: Q62012351-3
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.
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.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,
AND A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED
STATES, AS RESERVED IN UNITED STATES PATENT RECORDED JUNE 17, 1894 IN BOOK 175 AT PAGE
246.
9.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF RIGHT OF WAY FOR PIPELINE FLUME,
DITCH OR WATERWAY AS SET FORTH IN INSTRUMENT RECORDED JANUARY 30, 1893 IN BOOK 93 AT
PAGE 527.
10.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF EASEMENT FOR A TRAIL RECORDED
SEPTEMBER 25, 1975 IN BOOK 303 AT PAGE 452 AND AS MODIFIED BY INSTRUMENT RECORDED JULY
29, 1977 IN BOOK 332 AT PAGE 540.
11.EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT
OF CALLAHAN SUBDIVISION RECORDED MAY 19, 1976 IN PLAT BOOK 5 AT PAGE 7 AND FIRST
AMENDMENT THERETO RECORDED AUGUST 17, 1977 IN PLAT BOOK 6 AT PAGE 16 AND SECOND
AMENDMENT THERETO RECORDED OCTOBER 4, 1982 IN PLAT BOOK 13 AT PAGE 92.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: Q62012351-3
12.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN SUBDIVISION AND PLANNED
UNIT DEVELOPMENT AGREEMENT FOR CALLAHAN SUBDIVISION RECORDED MAY 19, 1976 IN BOOK
312 AT PAGE 110 AND NOTICE RECORDED APRIL 29, 1977 IN BOOK 328 AT PAGE 79.
13.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF EASEMENT AGREEMENT RECORDED MAY
19, 1976 IN BOOK 312 AT PAGE 158 AND MUTUAL INDEMNITY AGREEMENT RECORDED MAY 19, 1976 IN
BOOK 312 AT PAGE 165.
14.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF RECIPROCAL EASEMENT GRANT
RECORDED MAY 19, 1976 IN BOOK 312 AT PAGE 196.
15.(THIS ITEM WAS INTENTIONALLY DELETED)
16.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF ORDINANCE FROM THE CITY OF ASPEN,
NO. 43, SERIES OF 1982 RECORDED OCTOBER 4, 1982 IN BOOK 433 AT PAGE 561.
17.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF ORDINANCE FROM THE CITY OF ASPEN,
NO. 44, SERIES OF 1982 RECORDED OCTOBER 4, 1982 IN BOOK 433 AT PAGE 566.
18.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF VACATION OF EASEMENT RECORDED
OCTOBER 15, 1982 IN BOOK 434 AT PAGE 66.
19.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF RESTRICTION RECORDED OCTOBER 15,
1982 IN BOOK 434 AT PAGE 68.
20.ANY QUESTION, DISPUTE OR ADVERSE CLAIMS AS TO ANY LOSS OR GAIN OF LAND AS A RESULT OF
ANY CHANGE IN THE RIVER BED LOCATION BY NATURAL OR OTHER THAN NATURAL CAUSES, OR
ALTERATION THROUGH ANY CAUSE, NATURAL OR UNNATURAL, OF THE CENTER THREAD, BANK,
CHANNEL OR FLOW OF WATERS IN THE ROARING FORK RIVER LYING WITHIN SUBJECT LAND; AND
ANY QUESTION AS TO THE LOCATION OF SUCH CENTER THREAD, BED, BANK OR CHANNEL AS A
LEGAL DESCRIPTION MONUMENT OR MARKER FOR PURPOSES OF DESCRIBING OR LOCATING
SUBJECT LANDS.
21.ANY RIGHTS, INTERESTS OR EASEMENTS IN FAVOR OF THE UNITED STATES OF AMERICA, THE
STATE OF COLORADO, OR THE PUBLIC, WHICH EXIST OR ARE CLAIMED TO EXIST IN AND OVER THE
PAST AND PRESENT BED, BANKS OR WATERS OF ROARING FORK RIVER.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: Q62012351-3
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)
Exhibit 7
Exhibit 8
PRE-APPLICATION CONFERENCE SUMMARY
DATE: 8/17/20
PLANNER: Jim Pomeroy, jim.pomeroy@cityofaspen.com, 970.429.2745
PROJECT NAME AND ADDRESS: Lot 11, Crystal Lake Dr
PARCEL ID# 273718132011
REPRESENTATIVE: Chris Bendon, chris@bendonadams.com
DESCRIPTION:
The subject property is Lot 11 of the Callahan Subdivision Planned Development. It is an undeveloped
platted lot located off Crystal Lake Dr in the R-15 Zone District and borders the Roaring Fork River. The
Applicant is applying for a Stream Margin Review in order to create a building envelope for future
development of the lot. Where the property intersects with the River, there is a revocable Protective
Covenant “overlaying” a portion of the lot.
The property is located in The Stream Margin Review Area, which is inclusive of both the 100-year flood
plain and 100 feet from the high water line of the Roaring Fork River. Because of the scope of the
proposed project, this application does not qualify for an exemption, but instead requires a full Stream
Margin Review subject to the criteria in Sec. 26.435.040.C.1-11. Additionally, because the proposed top
of slope is altered from the Stream Margin Map’s Top of Slope determination, the application will require
a Special Review by The Planning and Zoning Commission for approval and memorialization of Top of
Slope for this property.
The Applicant’s representatives have worked with the City of Aspen’s Engineering Department in
establishing a new top of slope determination. While the approval of this alternative top of slope
determination could be reviewed as part of a full Stream Margin Review, the applicant has decided to
pursue this approval in two separate steps.
The first step, and the subject of this Pre-Application Summary, is a Special Review by the Planning and
Zoning Commission in a public hearing of the alternative top of slope determination. Please note that
the Special Review is subject to the notice requirements of a public hearing. If approved, this new top
of slope will be memorialized and can then be used as an essential component of a second land use
application for the Stream Margin Review.
Required for this review will be a clear depiction of the existing top of slope determination on the parcel
from the City of Aspen’s Stream Margin Map and the proposed, new top of slope as identified by the
City of Aspen’s Engineering Department on an authorized survey from a Colorado professionally
licensed surveyor.
RELEVANT LAND USE CODE SECTIONS:
Section Number Section Title
26.304 Common Development Review Procedures
26.304.060.E.3 Public Notice
26.435.040 Stream Margin Review
26.435.040.E.1-2 Stream Margin – Special Review
Exhibit 9
For your convenience – links to the Land Use Application and Land Use Code are below:
Land Use Application Land Use Code
REVIEW BY: Community Development staff, Engineering Department.
PUBLIC HEARING: Yes, with Planning and Zoning
PLANNING FEES: $3250 deposit for 10 hours . Additional planning hours beyond the ten (10) hours are
billed at $325 per hour
REFERRAL FEES: $325 for deposit for 1 hour of Engineering review (Additional engineering hours are
billed at a rate of $325/hour).
TOTAL DEPOSIT: $3475
APPLICATION CHECKLIST – PLEASE EMAIL APPLICATION TO: jim.pomeroy@cityofaspen.com
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.
A written description of the proposal and an explanation in written, graphic, or model form of how
the proposed development complies with the review standards relevant to the development
application and relevant land use approvals associated with the property. Please include
drawings/diagrams of the proposed equipment, the distance in which the equipment will be setback
from any street-facing facades and the total height of the equipment at the point in which it is
attached to the roof.
A site improvement survey (no older than a year from submittal) including topography, existing
structures, and vegetation showing the current status of the parcel certified by a registered land
surveyor by licensed in the State of Colorado. This survey also is required to depict the 100-year
flood plain, the high-water mark of the roaring fork river and any ditch easement that cross the
property.
HOA Compliance form (Attached to Application)
Once the copy is deemed complete by staff, the following items will then need to be submitted:
Total fee for review of the application.
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.
Exhibit 10
#tbd Crystal Lake Road
Lot 11; Callahan Subdivision – Vicinity Map
S
S
D YH
FOUND MAG NAIL &
ALUMINUM TAG
NO IDENTIFICATION
IN PAVEMENT
SET MAG NAIL &
1-1/2"ALUMINUM TAG
TNC PLS38215 IN PAVEMENT
SITE BENCH MARK
SET REBAR & 1-1/4"
ORANGE PLASTIC CAP
TNC PLS38215
ELEVATION: 8014.92
FOUND NO. 5 REBAR &
1-1/4" YELLOW PLASTIC CAP
TRI-CO LS12707
SET WOOD LATH ALONG
TOP OF SLOPE PER
CITY OF ASPEN MAPPING
65.5' WITNESS CORNER
FOUND NO. 5 REBAR &
1-1/4" YELLOW PLASTIC
CAP ALPINE LS9184
53.7' WITNESS CORNER
FOUND NO. 5 REBAR &
1-1/4" YELLOW PLASTIC
CAP ALPINE LS9184
FOUND NO. 5 REBAR &
1-1/4" YELLOW PLASTIC CAP
TRI-CO LS12707
FOUND NO. 6 REBAR &
3-1/4" ALUMINUM CAP
STAMPED MS890/MS612
BLM 1954
(COR. 1 RIVERSIDE PLACER
MS NO. 3905)
FOUND NO. 6 REBAR &
3-1/4" ALUMINUM CAP
STAMPED MS6120
COR 2 BLM 1954
3.0' BETWEEN CAPS
CO
N
C
R
E
T
E
STONE RETAINING WALL
EDGE OF GRAVEL
EDGE OF GRAVEL
PAVED PEDESTRIAN
PATH
PAVED ROADWAY
CRYSTAL LAKE
OVERFLOW OUTLET PIPE
PER PLAT BOOK 6
AT PAGE 18
FL
O
W
L
I
N
E
15' TOP OF SLOPE
SETBACK
L=89.75'
R=375.00'
CB=N84°45'04"E
CH=89.55'
L=21.21'
R=375.00'
CB=N79°36'36"E
CH=21.21'
(B
A
S
I
S
O
F
B
E
A
R
I
N
G
S
)
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0
°
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'
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0
"
W
4
5
6
.
8
9
'
PL
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=
4
5
7
.
2
4
'
22
9
.
7
6
'
22
7
.
1
3
'
S89°03'26"W 70.00'
PLAT=N89°46'00"W
N
3
1
°
5
4
'
0
8
"
W
7
4
.
6
9
'
P
L
A
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=
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3
2
°
2
7
'
1
7
"
W
7
4
.
0
5
'
PL
A
T
=
N
0
0
°
1
4
'
0
0
"
E
N0
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°
1
1
'
3
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E
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2
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5
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7
4
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R
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F
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K
R
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R
WAT
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R
S
E
D
G
E
JUL
Y
2
0
2
0
J
U
L
Y
2
0
2
0
H
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G
H
W
A
T
E
R
L
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N
E
LOT 11
1.104± ACRES
48,106± SQ.FT.
LOT 13
OWNER
ASPEN CLUB
LOT 12
OWNER
CG CRYSTAL LAKES HOLINGS LLC
LOT 5
STILLWATER
RANCH
OWNER
JOHN BURGESS
LOT 6
STILLWATER
RANCH
OWNER
GERSON TRUST
N
1
5
°
1
7
'
2
3
"
W
9
6
5
.
1
7
'
(
T
I
E
)
S85°34'02"E 1174.12
'
(
T
I
E
)
CITY OF ASPEN
2009 GPS
MONUMENT #18
CITY OF ASPEN
2009 GPS
MONUMENT #19
FL
O
O
D
Z
O
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E
A
E
FL
O
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D
W
A
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FL
O
O
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FL
O
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Z
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A
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FL
O
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D
Z
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X
FLOOD ZONE AE
BASED FLOOD ELEVATION 7993
FLOO
D
Z
O
N
E
X
FLOOD ZONE AE
AREA WITHIN FLOODWAY
SPECIAL FLOOD ZONE X
AREA OF 0.2% ANNUAL
CHANCE OF FLOOD
GRAVEL
TURNOUT
8
0
2
0
8
0
1
5
80
2
0
8
0
1
5
8
0
1
0
80
0
5
8005
800
0
80
0
4
8000
79
9
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0
800
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8010
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1
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1
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1
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CRYSTAL
LAKE ROAD
(24' PRIVATE R
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G
H
T
-
O
F
-
W
A
Y
)
10' WIDE UTILITY EASEMENT
PLAT BOOK 5 PAGE 7
5' WIDE UTILITY EASEMENT
PLAT BOOK 5 PAGE 7
5' WIDE UTILITY EASEMENT
PLAT BOOK 5 PAGE 7
5' WIDE UTILITY EASEMENT
PLAT BOOK 5 PAGE 7
10' REAR SETBACK
5' ACCESSORY
BUILDING SETBACK
10
'
S
I
D
E
S
E
T
B
A
C
K
10
'
S
I
D
E
S
E
T
B
A
C
K
30' ACCESSORY
SETBACK
25' SETBACK
NORTH LINE OF OPEN SPACE
REAR YARD SETBACK LINE
(EFFECTIVELY SUPERSEDED BY
OPEN SPACE BOUNDARY AND
STREAM MARGIN SETBACK LINES
AS APPLICABLE
100
'
H
I
G
H
W
A
T
E
R
L
I
N
E
S
E
T
B
A
C
K
WATER LINE
SEWER LINE
TELEPHONE LINE
GAS LINE
UNDERGROUND ELECTRIC LINE
TELEPHONE PEDESTAL
DYH
S
FIRE HYDRANT
SANITARY MANHOLE
ELECTRICAL TRANSFORMER
ELECTRICAL METER
LEGEND
WATER VALVE BOX
VICINITY MAP
SURVEYOR'S CERTIFICATION
SURVEY NOTES:
LOT 11 - CALLAHAN SUBDIVISION
SECTION 18, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH PM
COUNTY OF PITKIN, STATE OF COLORADO
IMPROVEMENT & TOPOGRAPHIC SURVEY
TRUE NORTH COLORADO LLC.
A LAND SURVEYING AND MAPPING COMPANY
P.O. BOX 614 - 386 MAIN STREET UNIT 3
NEW CASTLE, COLORADO 81647
(970) 984-0474
www.truenorthcolorado.com
PROJECT NO: 2020-240
DATE: JULY 11, 2020
DRAWN
RPK
SURVEYED
DJB
SHEET
1 OF 1
TRUENORTH
A LAND SURVEYING AND MAPPING COMPANY
20'
10'40'
SCALE: 1" = 20'
N
PROPERTY DESCRIPTION:
0
TREE TYPE SIZE DRIP
TREE CHART
NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY
LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE
YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY
ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE
THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON.
64
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ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPENASPEN
ASPEN
20'
18'
20'
18'
16'
16'
16'
22'
20'
16'
18'
16'
18'
16'
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ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPENASPEN
ASPEN
16'
22'
18'
20'
16'
16'
14'
20'
28'
16'
28'
28'
20'
14'
22'
32'
16'
20'
30'
24'
26'
16'
14'
14'
14'
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109
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125
126
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
CONIFEROUS
ASPEN
ASPEN
CONIFEROUS
CONIFEROUS
CONIFERUOS
CONIFEROUS
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPENASPEN
ASPEN
16'
30'
18'
18'
14'
10'
22'
18'
12'
12'
12'
10'
30'
36'
28'
26'
26'
24'
18'
32'
28'
20'
30'
20'
34'
6"
5"
5"
4"
4"
4"
6"
6"
4"
5"
4"
5"
4"
4"
7"
7"
5"
4"
5"
5"
5/4"
9"
5"
8"
8"
6"
6"
8"
5"
7"
9"
6"
8"
4"
4"
4"
5"
4"
4"
7/4"
5"
5"
4"
5"
9"
5"
11"
4"
5"
5"
4"
10"
9"
9"
8"
7"
4"
8"
9"
6"
8"
5"
11"
TREE TYPE SIZE DRIP
TREE CHART
1
2
10" 18'
6" 20'
CONIFEROUS
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
ASPEN
6/4" 20'ASPEN
20
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ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
ASPEN
16'
20'
16'
18'
20'
24'
24'
22'
26'
24'
20'
28'
22'
28'
26'
16'
24'
30'
26'
20'20'
24'
16'
16'
18'
32'
24'
22'
30'
30'
28'
20'
20'
26'
24'
20'
20'
20'30'
24'
24'
20'
24'
16'
16'
28'
20'
24'
16'
28'
30'
16'
30'
16'
22'
20'
26'
28'
28'
26'
16'
26'
6"
7"
5"
6"
7"
10"
8"
7"
8"
6"
5"
9"
7"
7"
7"
4"
8"
9"
8"
6"
7"
4"
4"
6"
8"
5"
5"
10"
9"
8"
5"
5"
7"
6"
5"
5"
9"
6"
6"
5"
6"
4"
4"
7"
5"
6"
4"
9"
9"
4"
9"
4"
7"
7"
9"
8"
9"
7"
4"
8"
SLOPE LEGEND
0% TO 20% (36,939± SQ.FT.)
(EXCLUDES AREA BELOW HIGH WATER LINE)
(3,808± SQ.FT.)
20% TO 30% (2,630± SQ.FT.)
30% & GREATER (4,729± SQ.FT.)
SCALE: 1" = 800'
H
I
G
H
W
A
Y
N
O
.
8
2
CRYSTAL LAKE
ROAD
WESTVIEW DRIVE
L
U
P
I
N
E
D
R
I
V
E
CITY OF ASPEN
ROA
R
I
N
G
F
O
R
K
RIVE
R
PROPERTY ZONING
MODERATE-DENSITY RESIDENTIAL (R-15)
CITY OF ASPEN LAND USE CODE: 26.710.050
SETBACKS:
FRONT YARD:
A. RESDIENTIAL DWELLINGS: 25 FEET
B. ACCESSORY BUILDINGS AND ALL OTHER BUILDINGS: 30 FEET
SIDE YARD: 10 FEET
REAR YARD:
A. PRINCIPAL BUILDING: 10 FEET
B. ACCESSORY BUILDINGS: 5 FEET
MAXIMUM HEIGHT: 25 FEET
Exhibit 11
Crystal Lake Road
exisƟ ng conditions
aspen | colorado
Exhibit 12