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' Crnrrrrcnrn OwNnn:JerVre CnRrmrcern No. 012 8
"AFFoRDABLn HousrNc CREDITS" AND MAYTgrs rnn¡vocABlr cERTIFIcATE EvIDENcES AND R-EPRESËNTs
BE TRANSFERRED IN ACCoRDANcE IøITH Cueprrn 26.54o or rHe CrrY MuNrcrp¡r
Issuecl pursua",." Ordtr,it*¿ *".Series of this Certificate is perpetual and irrevocable and shal1 be honorcd by
the City of Aspen, which glants approval of housing cleclits
As consideration and in exchange fo¡issuance of this Cerdficate;voluntaly deed restricted, affordab le housing has devel oped on properry identificd as
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ancl moreo0Itigally describêd as lr Irt commoniy knou'nPa¡cel ID No
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and which is filed of rccord Clerk and Recorder as receÞtion
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CITY ISSUANCE Issucd by,the
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ON THE FRONT OF THIS DOCUMENT
ownership of this AfFordable
NAMED ON THE FRONT OF THIS DOCUMENT
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2NdASSIGNMENT OF
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The foregoing instrument was acknow
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FORUM PHI I Consent and Authorization to Represent
Date: 7/18/2018
Client: Alex & Laleh Roudi
Client Address: 1605 La Jolla Ranch Rd. La Jolla, CA 92037
City of Aspen Community Development Department
130 South Galena Street, 3rd Floor
Aspen, Colorado 81611
Re: 834 E. Durant Ave
Dear Director,
This letter shall serve as my approval for Alex & Laleh Roudi (represented by Forum Phi) to apply for and submit
land use applications, building permit applications, and subsequent documentation for the property at 834 E.
Durant Ave., Aspen CO, 81611. 1 authorize Forum Phi to submit, represent and obtain materials on the behalf of
the owner of 834 E. Durant Ave., Aspen CO, 81611.
I hereby authorize Steev Wilson and Forum Phi to perform and submit documents related to planning, Building
Permit Application, or to gain building file information on our behalf for the project located at 834 E. Durant Ave.,
Aspen CO, 81611. They may represent us during the application review and approval processes. They may act on
our behalf, may sign on our behalf all applications and permits, and any documents required or ancillary thereto.
Steev Wilson, Partner, AIA
Forum Phi Architecture LLC
715 W Main Street, #204
Aspen, CO 81611
Sincerely,
1�re'-X -f
-7G- IS
wner name Date
I p. 970.279.4109 1 L 866.770.5585 j
Aspen: 715 W. Main St, #204 Aspen, CO 81611 III`
Basalt: 104 Midland Ave, #202 Basalt, CO 81621
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
November 2017 City of Aspen|130 S. Galena St.|(970) 920 5090
COMMUNITY DEVELOPMENT DEPARTMENT
GENERAL LAND USE PACKET
Attached is an Application for review of Development that requires Land Use Review pursuant to
The City of Aspen Land Use Code: Included in this package are the following attachments:
1.Development Application Fee Policy, Fee Schedule and Agreement
to Pay Application Fees Form
2.Land Use Application Form
3.Dimensional Requirements Form (if required)
4.HOA Compliance Form
5.Development Review Procedure
All Application are reviewed based on the criteria established in Title 26 of the Aspen Municipal Code. Title 26 of
the Aspen Municipal Code is available at the City Clerk’s Office on the second floor of City Hall and on the internet
at www.cityofaspen.com, City Departments, City Clerk, Municipal Code, and search Title 26.
We require all applicants to hold a Pre-Application Conference with a Planner in the Community Development
Department so that the requirements for submitting a complete application can be fully described. This
meeting can happen in person or by phone or e-mail. Also, depending upon the complexity of the
development proposed, submitting one copy of the development application to the Case Planner to determine
accuracy, inefficiencies, or redundancies can reduce the overall cost of materials and Staff time.
Please recognize that review of these materials does not substitute for a complete review of the Aspen Land Use
Regulations. While this application package attempts to summarize the key provisions of the Code as they apply
to your type of development, it cannot possibly replicate the detail or the scope of the Code. If you have
questions which are not answered by the materials in this package, we suggest that you contact the staff
member assigned to your case, contact Planner of the Day, or consult the applicable sections of the Aspen Land
Use Code.
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
November 2017 City of Aspen|130 S. Galena St.|(970) 920 5090
Land Use Review Fee Policy
The City of Aspen has established a review fee policy for the processing of land use applications. A flat fee or deposit is
collected for land use applications based on the type of application submitted.
A flat fee is collected by Community Development for applications which normally take a minimal and predictable amount of
staff time to process. Review fees for other City Departments reviewing the application (referral departments) will also be
collected when necessary. Flat fees are cumulative – meaning an application with multiple flat fees must be pay the sum of
those flat fee. Flat fees are not refundable.
A review fee deposit is collected by Community Development when more extensive staff time is required.
Actual staff time spent will be charged against the deposit. Various City staff may also charge their time spent on the case in
addition to the case planner. Deposit amount may be reduces if, in the opinion of the Community Development Director, the
project is expected to take significantly less time to process than the deposit indicates.
A determination on the deposit amount shall be made during the pre-application conference by the case planner. Hourly
billing shall still apply.
All applications must include an Agreement to Pay Application Fees. One payment including the deposit for Planning and
referral agency fees must be submitted with each land use application, made payable to the City of Aspen. Applications will
not be accepted for processing without the required fee.
The Community Development Department shall keep an accurate record of the actual time required for the processing of a
land use application requiring a deposit. The City can provide a summary report of fees due at the applicant’s request. The
applicant will be billed for the additional costs incurred by the City when the processing of an application by the Community
Development Department takes more time or expense than is covered by the deposit. Any direct costs attributable to a
project review shall be billed to the applicant with no additional administrative charge. In the event the processing of an
application takes less time than provided for by the deposit, the department shall refund the unused portion of the deposited
fee to the applicant. Fees shall be due regardless of whether an applicant receives approval.
Unless otherwise combined by the Director for simplicity of billing, all applications for conceptual, final and recordation of
approval documents shall be handled as individual cases for the purpose of billing. Upon conceptual approval all billing shall be
reconciled and past due invoices shall be paid prior to the Director accepting an application for final review. Final review shall
require a new deposit at the rate in effect at the time of final submission. Upon final approval all billing shall be again reconciled
prior to the Director accepting an application for review of technical documents for recordation.
The Community Development Director may cease processing of a land use application for which an unpaid invoice is 30 or more
days past due. Unpaid invoices of 90 days or more past due may be assessed a late fee of 1.7% per month. An unpaid invoice o f
120 days or more may be subject to additional actions as may be assigned by the Municipal Court Judge. All payment information
is public domain.
All invoices shall be paid prior to issuance of a Development Order or recordation of development agreements and plats. The City
will not accept a building permit for a property until all invoices are paid in full. For permits already accepted, and unpaid invoice
of 90 days or more days may result in cessation of building permit processing or issuance of a stop work order until full payment is
made.
The property owner of record is the party responsible for payment of all costs associated with a land use application
for the property. Any secondary agreement between a property owner and an applicant representing the owner (e.g.
a contract purchaser) regarding payment of fees is solely between those private parties.
Agreement to Pay Application Fees
An agreement between the City of Aspen ("City') and
Address of Property: 834 E. DURANT AVE.
Please type or print in all caps
Property Owner Name: ZAYANDEROUDI FAMILY TRUST Representative Name (if different from Property Owner)
Billing Name and Address - Send Bills to:
ZAYANDEROUDI FAMILY TRUST - 1605 LA JOLLA RANCHO RD. LA JOLLA, CA 92037
Contact info for billing: e-mail: alex@interwestcapital.com & lalehz@yahoo.com
Phone:
STEEV WILSON
I understand that the City has adopted, via Ordinance No. 30, Series of 2017, review fees for Land Use applications and
payment of these fees is a condition precedent to determining application completeness. I understand that as the property
owner that I am responsible for paying all fees for this development application.
For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are
non-refundable.
$. flat fee for $. flat fee for
$. flat fee for $. flat fee for
For Deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not
possible at this time to know the full extent or total costs involved in processing the application. I understand that additional
costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete
processing, review and presentation of sufficient information to enable legally required findings to be made for project
consideration, unless invoices are paid in full.
The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to
the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of
an invoice by the City for such services.
I have read, understood, and agree to the Land Use Review Fee Policy including consequences for no -payment. I agree to pay
the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not
render and application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I
agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly
rates hereinafter stated.
$ 975 deposit for THREE 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:
Signature:
Jessica Garrow, AICP STEF�1 W t 1�5ody
Community Development Director PRINT Name: y
City Use:
Fees Due: $ Received $ Title: 6W N E P_ 'J Aurt4ceizrP ►.IT —
Case #
November 2017of •• 1 1920 5090
November 2017 City of Aspen|130 S. Galena St.|(970) 920 5090
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
LAND USE APPLICATION
Project Name and Address:_________________________________________________________________________
Parcel ID # (REQUIRED) _____________________________
APPLICANT:
Name: ______________________________________________________________________________________________
Address: _______________________________________________________________________________________________
Phone #: ___________________________ email: __________________________________
REPRESENTIVATIVE:
Name: _________________________________________________________________________________________________
Address:________________________________________________________________________________________________
Phone#: _____________________________ email:___________________________________
Description: Existing and Proposed Conditions
Review: Administrative or Board Review
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
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 ________
834 E. DURANT
273718238039
JOHNATHAN MIN
715 W. MAIN ST, #204 ASPEN, CO 81611
862-240-8438 JMIN@FORUMPHI.COM
X
X
X
X
X
AMENDMENT OF ADU
FORUM PHI
715 W. MAIN ST, #204 ASPEN, CO 81611
970-279-4157 SWILSON@FORUMPHI.COM
975
INTERIOR REMODEL TO A SINGLE FAMILY CONDO UNIT. RECONFIGURATION OF
EXISTING STAIRS AND REMOVAL OF DEED RESTRICTED ADU.
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
November 2017 City of Aspen|130 S. Galena St.|(970) 920 5090
DIMENSIONAL REQUIREMENTS FORM
Project and Location ____________________________________________________________________
Applicant: ____________________________________________________________________________
Gross Lot Area: __________Zone Zone District: _______ Net Lot Area: __________
Please fill out all relevant dimensions
Single Family and Duplex Residential
Existing Allowed Proposed
1) Floor Area (square feet)
2) Maximum Height
3) Front Setback
4) Rear Setback
5) Side Setbacks
6) Combined Side Setbacks
7) % Site Coverage
8) Minimum distance between buildings
Proposed % of demolition ______
Commercial
Proposed Use(s)____________________
Existing Allowed Proposed
1) FAR (Floor Area Ratio)
2) Floor Area (square feet)
3) Maximum Height
4) Off-Street Parking Spaces
5) Second Tier (square feet)
6) Pedestrian Amenity (square feet)
Proposed % of demolition ______
Existing non-conformities or encroachments:
Variations requested:
**Please refer to section 26.575.020 for information on how to calculate Net Lot Area
Multi-family Residential
Existing Allowed Proposed
1) Number of Units
2) Parcel Density (see 26.710.090.C.10)
3) FAR (Floor Area Ratio)
4) Floor Area (square feet)
4) Maximum Height
5) Front Setback
6) Rear Setback
7) Side Setbacks
Proposed % of demolition ______
Lodge
Additional Use(s)____________________
Existing Allowed Proposed
1) FAR (Floor Area Ratio)
2) Floor Area (square feet)
3) Maximum Height
4) Free Market Residential(square feet)
4) Front setback
5)Rear setback
6)Side setbacks
7) Off-Street Parking Spaces
8) Pedestrian Amenity (square feet)
Proposed % of demolition ______
Complete only if required by the PreApplication checklist
ADDRESS: 834 E DURANT AVE. PERMIT NUMBER:
COMMUNITY DEVELOPMENT DEPARTMENT
HOMEOWNER ASSOCIATION COMPLIANCE FORM THE C„YoFA�N
All applications for a building permit within the City of Aspen are required to include a certification of compliance
with applicable covenants and homeowner association policies. The certification must be signed by the property
owner or attorney representing the property owner. The following certification shall accompany the application
for a permit.
834 E DURANT AVE.
ADDRESS
N/A 273718238039
UNIT# PARCEL ID#
I, the property owner, certify as follows: (pick one)
❑ This property is not subject to a homeowners association or other form of private covenant.
❑ This property is subject to a homeowners association or private covenant and the improvements
proposed in this building permit do not require approval by the homeowners association or covenant
beneficiary.
This property is subject to a homeowners association or private covenant and the improvements
proposed in this building permit have been approved by the homeowners association or covenant beneficiary.
I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning, or effect
of private covenants or homeowner association rules or bylaws. I understand that this document is a public
document.
Owner Signature
Owner Printed Name ZAYANDEROUDI FA LYTRUST
m
Owner's Attorney Signature
Owner's Attorney Printed Name
Date
Date
November 2017 City of Aspen|130 S. Galena St.|(970) 920 5090
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
DEVELOPMENT REVIEW PROCEDURE
1.Attend pre-application conference. During this one-on-one meeting, staff will determine the review process
which applies to your development proposal and will identify the materials necessary to review your application.
2.Submit Development Application. Based on your pre-application meeting, you should respond to the
application package and submit the requested number of copies of the complete application and the application
and the appropriate processing fee to the Community Development Department.
3.Determination of Completeness. Within five working days of the date of your submission, staff will review the
application, and will notify you in writing whether the application is complete or if additional materials are
required. Please be aware that the purpose of the completeness review is to determine whether or not the
information you have submitted is adequate to review the request, and not whether the information is sufficient
to obtain approval.
4.Staff Review of Development Application. Once your application is determined to be complete, it will be
reviews by the staff for compliance with the applicable standards of the Code. During the staff review stage, the
application will be referred to other agencies for comments. The Planner assigned to your case or the agency may
contact you if additional information is needed or if problems are identified. A memo will be written by the staff
member for signature by the Community Development Director. The memo will explain whether your application
complies with the Code and will list any conditions which should apply if the application is to be approved.
Final approval of any Development Application which amends a recorded document, such as a plat, agreement or
deed restriction, will require the applicant to prepare an amended version of that document for review and
approval by staff. Staff will provide the applicant with the applicable contents for the revised plat, while the City
Attorney is normally in charge of the form for recorded agreements and deed restrictions. We suggest that you
not go to the trouble or expense of preparing these documents until the staff has determined that your
application is eligible for the requested amendment or exemption.
5.Board Review of Application. If a public hearing is required for the land use action that you are requesting,
then the Planning Staff will schedule a hearing date for the application upon determination that the Application is
complete. The hearing(s) will be scheduled before the appropriate reviewing board(s). The applicant will be
required to nail notice (one copy provided by the Community Development Department) to property owners
within 30 feet of the subject property and post notice (sign available at the Community Development Department)
of the public hearing on the site at least fifteen (15) days prior to the hearing date (please see Attachment 6 for
instructions). The Planning Staff will publish notice of the hearing in the paper for land use requests that require
publication.
The Planning Staff will then formulate a recommendation on the land use request and draft a memo to the
reviewing board(s). Staff will supply the Applicant with a copy of the Planning Staff’s memo approximately 5 days
prior to the hearing. The public hearing(s) will take place before the appropriate review boards. Public Hearings
include a presentation by the Planning Staff, a presentation by the Applicant (optional), consideration of public
comment, and the reviewing board’s questions and decision.
(Continued on next page)
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
November 2017 City of Aspen|130 S. Galena St.|(970) 920 5090
6.Issuance of Development Order. If the land use review is approved, then the Planning Staff will issue a
Development Order which allows the Applicant to proceed into Building Permit Application.
7.Receipt of Building Permit. Once you have received a copy of the signed staff approval, you may proceed to
building permit review. During this time, your project will be examined for its compliance with the Uniform
Building Code. It will also be checked for compliance with applicable provisions of the Land Use Regulations which
were not reviewed in detail during the one step review (this might include a check of floor area ratios, setbacks,
parking, open space and the like). Fees for water, sewer, parks and employee housing will be collected if due. Any
document required to be recorded, such as a plat, deed restriction or agreement, will be reviewed and recorded
before a Building Permit is submitted.
Active/48732231.1
730 East Durant Avenue, Suite 200, Aspen, Colorado 81611
Telephone: 970.925.6300 Fax: 970.925.1181 www.shermanhoward.com
Curtis B. Sanders
Sherman & Howard L.L.C.
Direct Dial Number: 970.300.0114
E-mail: csanders@shermanhoward.com
July 23, 2018
City of Aspen
Community Development Department
130 South Galena Street
Aspen, Colorado 81611
Re: Zayanderoudi Family Trust; 834 East Durant Avenue, Aspen, Colorado 81611; Lot 9,
The Enclave at Aspen
Dear Sir or Madam:
I am an attorney licensed by the State of Colorado to practice law.
This letter shall confirm and certify that 971 AH LLC, a Colorado limited liability
company, is the owner of certain improved real property legally described as follows (the
"Subject Property"):
Lot 9, The Enclave at Aspen, according to the Plat thereof recorded December 14, 1994
in Plat Book 35 at Page 75 as Reception No. 377161 and according to the Declaration for
the Enclave at Aspen recorded April 18, 1994 in Book 747 at Page 882 as Reception No.
369105, and First Amendment thereto recorded December 14, 1994 in Book 769 at Page
317 as Reception No. 377160 and re-recorded February 21, 1995 in Book 774 at Page
667 as Reception No. 379172 and Second Amendment thereto recorded March 16, 1995
in Book 776 at Page 404 as Reception No. 379771 and Third Amendment recorded
November 5, 2009 as Reception No. 564271, Pitkin County, Colorado.
A copy of the Zayanderoudi Family Trust’s vesting deed with respect to the Subject
Property is attached hereto as Exhibit A.
The Subject Property is subject to the following matters of record:
1. Exceptions and reservations as set forth in the Act authorizing the issuance of the
Patent for the City and Townsite of Aspen recorded March 1, 1897 in Book 139 at Page 216 as
Reception No. 60156.
2
Active/48732231.1
2. Reservation of minerals contained in the Deed recorded in Book 131 at page 81.
3. Encroachment Agreement by and between the City of Aspen and Howard Bass and
Harris A. Cahn as set forth in instrument recorded October 8, 1990 as Reception No. 326988.
4. An Ordinance of the Aspen City Council Granting a Substantial Amendment to the
Final Subdivision Plan for the Oblock Subdivision, Condominiumization and Vested Rights
Status for Lots D-I and N-S of Block 112, City of Aspen, Pitkin County, Colorado Ordinance
No. 28 (Series of 1993) as set forth in instrument recorded June 25, 1993 in Book 715 at Page
946 as Reception No. 358181.
5. Subdivision Agreement for OBlock Townhouses as set forth in instrument recorded
October 8, 1990 in Book 631 at Page 504 as Reception No. 326990; and Amended and Restated
Subdivision Agreement of Oblock Townhouses as set forth in instrument recorded September
28, 1993 in Book 725 at Page 261 as Reception No. 361532 and First Amendment to Amended
and Restated Subdivision Agreement for Oblock Townhouses recorded November 29, 1993 in
Book 733 at Page 58 as Reception No. 363896.
6. Easements, rights of way and other matters as shown and contained on Plats of
Enclave at Aspen recorded October 8, 1990 in Plat Book 25 at Page 8 as Reception No. 326939,
and recorded September 28, 1993 in Plat Book 32 at Page 74 as Reception No. 361533, and
recorded April 11, 1994 in Plat Book 34 at Page 30 as Reception No. 368822 and recorded
December 14, 1994 in Plat Book 35 at Page 75 as Reception No. 377161.
7. Declaration for The Enclave at Little Nell as set forth in instrument recorded April 18,
1994 in Book 747 at Page 882 as Reception No. 369105, and First Amendment to Declaration
for The Enclave at Little Nell recorded December 14, 1994 in Book 769 at Page 317 as
Reception No. 377160 and re-recorded February 21, 1995 in Book 774 at Page 667 as Reception
No. 379172, and Second Amendment to Declaration for Enclave at Aspen recorded March 16,
1995 in Book 776 at Page 404 as Reception No. 379771 and Third Amendment to Declaration
recorded November 5, 2009 as Reception No. 564271.
8. Accessory Dwelling Unit Deed Restriction Approved Pursuant to Ordinance 60
(Cottage Infill), and Section 5-510 of the Aspen City Land Use Code, Resolution No. 90-1 and
Ordinance No. 90-14 as set forth in instruments recorded September 29, 1993 in Book 725 at
Page 366 as Reception No. 361562, and recorded in Book 725 at Page 370 as Reception No.
361563 and recorded in Book 725 at Page 374 as Reception No. 361564 and recorded in Book
725 at Page 378 as Reception No. 361565.
9. Curb and Gutter Improvement Agreement recorded April 3, 1996 as Reception No.
391377.
3
Active/48732231.1
This letter shall further confirm that as the owner of the Subject Property, Zayanderoudi
Family Trust has the right and authority to file and pursue land use applications, variance
requests, and other requests with the City of Aspen with respect to the Subject Property, as well
as the right to authorize others to file and pursue such matters in connection with the Subject
Property.
Sincerely,
Curtis B. Sanders
4
Active/48732231.1
Exhibit A
5
Active/48732231.1
6
Active/48732231.1
ASLU
ADU/Carriage House
834 E. Durant
CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
PLANNER: Amy Simon, 429.2758 DATE: May 30, 2018
PROJECT: 834 E. Durant
REPRESENTATIVE: John Min, Forum Phi
TYPE OF APPLICATION: Amendment of an ADU or Carriage House Development Order
DESCRIPTION:
The owner of a unit at 834 E. Durant, aka The Enclave, is interested in providing cash-in-lieu mitigation
or a certificate of affordable housing credit to remove a deed restricted Accessory Dwelling Unit (ADU).
Approved in 1993 via Council Ordinance #28, this multi-family development appears to have required an
ADU for each unit. The units were not required to be occupied.
To remove the deed restriction pursuant to Aspen Municipal Code Section 26.520.090.C, the applicant
shall provide mitigation for 0.38 Category 2 Full-time Equivalent employees in the form of Affordable
Housing Certificates or fee-in -lieu. The current fee-in-lieu rate for Category 2 is $342,599.02, per FTE so
mitigation by that method would be 0.38 x $342,599.02 = $130,187.62. Additionally, the Applicant shall
obtain a building permit to decommission the ADU by removing the kitchen. A final inspection shall be
issued prior to the release of the deed restriction. The release shall be accepted by the City Attorney and
filed with the Pitkin County Clerk and Recorder.
Below is a link to the Land Use Application Form for your convenience:
https://www.cityofaspen.com/DocumentCenter/View/1835
The City of Aspen Land Use Code can be accessed at:
https://www.cityofaspen.com/191/Municipal-Code
Land Use Code Section(s)
26.304 Common development review procedures
26.520.090.C Removing an ADU/Carriage House
Review by: Staff for application completeness and Community Development Director for
decision
Public Hearing: N/A
Planning Fees: $975 planning deposit for up to three billable hours. Additional/lesser hours
billed/refunded at $325 per hour.
Total Deposit: $975
To apply, submit one complete copy of the following information:
¨Completed Land Use Application and signed fee agreement.X
¨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
¨Written responses to all review criteria in Sec. 26.520.090.C
¨An 8 1/2” by 11” vicinity map locating the parcel within the City of Aspen.
Once the copy is deemed complete by staff, the following items will then need to be
submitted:
¨Total deposit for review of the application.
¨A digital copy of the application provided in pdf file format.
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.
x
x
x
x
x
X
View your transaction progress 24/7 via Stewart Online
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Stewart Title - Aspen
620 East Hopkins Ave
Aspen, CO 81611
Date:July 13, 2017
File Number:01330-100653
Property:834 E. Durant Avenue, Aspen, CO 81611
Please direct all Closing inquiries to:
Priscilla Prohl-Cooper
Phone:(970) 925-3577 Fax:(866) 277-9353
Email Address:pprohl@stewart.com
SELLER:
834 ASPEN LLC
Delivery Method: Emailed
BUYER:
Alex Roudi and Laleh Roudi
Delivery Method: Emailed
LISTING AGENT:
Aspen Core Realty
720 E Durant
Ste E 7
Aspen, CO 81611
Contact:Mark Kwiecienski
Phone:(970) 309-0444
Fax:
Email:mark@aspencorerealty.com
Delivery Method: Emailed
SELLING AGENT:
Aspen Snowmass Sotheby's International Realty
415 E Hyman Ave
Aspen, CO 81611
Contact:Lenny Allen
Phone:(970) 925-6060
Fax:(970) 920-9333
Email:Lenny.Allen@sothebysrealty.com
Delivery Method: Emailed
WIRED FUNDS ARE REQUIRED ON ALL CASH PURCHASE TRANSACTIONS. FEEL FREE TO CONTACT THE
ESCROW OFFICE AS NOTED ON THIS PAGE TO OBTAIN WIRING INSTRUCTIONS.
We Appreciate Your Business and Look Forward to Serving You in the Future.
ALTA COMMITMENT FOR TITLE INSURANCE
ISSUED BY
STEWART TITLE GUARANTY COMPANY
STEWART TITLE GUARANTY COMPANY, a Texas Corporation (“Company”), for a valuable consideration, commits to issue its policy
or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee
of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance
with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment.
This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed
for have been inserted in Schedule A by the Company.
All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or
policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the
Company.
The Company will provide a sample of the policy form upon request.
This Commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory.
IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be affixed by its duly authorized
officers on the date shown in Schedule A.
Countersigned by:
Stewart Title - Aspen
620 East Hopkins Ave
Aspen, CO 81611
(970) 925-3577
For purposes of this form the “Stewart Title” logo featured above is the represented logo for the underwriter, Stewart Title Guaranty Company.
Copyright 2006-2009 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.
File No. 01330-100653
004-UN ALTA Commitment 6-17-06
Page 1 of 2
CONDITIONS
1.The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument.
2.If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter
affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof,
and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or
damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such
knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual
knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend
Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously
incurred pursuant to paragraph 3 of these Conditions.
3.Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under
the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in
undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c)
to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability
exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring
provisions and Conditions and the Exclusions from Coverage of the form of policy or policies committed for in favor of the
proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly
modified herein.
4.This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the
condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the
Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this
Commitment must be based on and are subject to the provisions of this Commitment.
5.The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount o f Insurance is
$2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the
parties.You may review a copy of the arbitration rules at< http://www.alta.org/>.
All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to
it at P.O. Box 2029, Houston, Texas 77252.
Copyright 2006-2009 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.
File No. 01330-100653
004-UN ALTA Commitment 6-17-06
Page 2 of 2
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
File No.: 01330-100653
1. Effective Date: June 23, 2017, at 8:00 A.M.
2. Policy or Policies to be issued:Amount of Insurance
(a) ALTA Owner's Policy 2006 (Extended)$8,000,000.00
Proposed Insured:
Alex Roudi and Laleh Roudi
(b) ALTA Loan Policy 2006 (Standard)
Proposed Insured:
To Be Determined
3. The estate or interest in the land described or referred to in this Commitment and covered herein is:
Fee Simple
4. Title to the said estate or interest in said land is at the effective date hereof vested in:
834 Aspen, LLC, a Colorado Limited Liability Company
5. The land referred to in this Commitment is described as follows:
Lot 9,
THE ENCLAVE AT ASPEN,
according to the Plat thereof recorded December 14, 1994 in Plat Book 35 at Page 75 as Reception No. 377161 and
according to the Declaration for the Enclave at Aspen recorded April 18, 1994 in Book 747 at Page 882 as Reception
No. 369105, and First Amendment thereto recorded December 14, 1994 in Book 769 at Page 317 as Reception No.
377160 and re-recorded February 21, 1995 in Book 774 at Page 667 as Reception No. 379172 and Second
Amendment thereto recorded March 16, 1995 in Book 776 at Page 404 as Reception No. 379771 and Third
Amendment recorded November 5, 2009 as Reception No. 564271
COUNTY OF PITKIN, STATE OF COLORADO
Purported Address:
834 E. Durant Avenue
Aspen, CO 81611
STATEMENT OF CHARGES
These charges are due and payable
before a policy can be issued
Reissue Rate
2006 Owner's Policy:
Owner's Extended Coverage:
Tax Certificate:
$8840.00
$65.00
$25.00
Copyright 2006-2009 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.
File No. 01330-100653
CO STG ALTA Commitment Sch A STO
Page 1 of 1 STEWART TITLE
GUARANTY COMPANY
File No.: 01330-100653
The following are the requirements to be complied with:
1.
2.
Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate or
interest to be insured.
Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for
record.
3.
4.
5.
6.
7.
8.
Evidence satisfactory to Stewart Title Guaranty Company of payment of all outstanding taxes and assessments as
certified by the County Treasurer.
Execution of Affidavit as to Debts and Liens and its return to Stewart Title Guaranty Company.
NOTE: If work has been performed on, or in connection with, the subject property (architectural drawings, soils
testing, foundation work, installation of materials), please notify the Company's escrow officer within 10 days of
receipt of this title commitment.
Payment of any and all Homeowners assessments and expenses which may be assessed to the property.
Evidence satisfactory to Stewart Title of Colorado, Inc. furnished by the Office of the Director of Finance, City of
Aspen, that the following taxes have been paid, or that conveyance is exempt from said taxes:
(1) The "Wheeler Real Estate Transfer Tax" pursuant to Ordinance No. 20 (Series of 1979) and
(2) The "Housing Real Estate Transfer Tax" pursuant to Ordinance No. 13 (Series of 1990).
Relating to 834 Aspen LLC, The Company requires for its review the following:
a) Copy of the "Articles of Organization", the Operating Agreement and the regulations of the limited liability
company and any amendments thereof
b) A certificate of good standing, evidencing that the company is in good standing in the state of its formation
c) Execution and recordation of Statement of Authority pursuant to the provisions of Section 38-30-172 C.R.S.
Note: At the time the Company is furnished these items, the Company may make additional requirements or
exceptions.
NOTE: Statement of Authority for 834 Aspen LLC recorded May 28, 2013 as Reception No. 599841, discloses the
following persons as those authorized to transact business on behalf of said entity; Northern Trust Company,
Trustee of the Lawrence B Ashkin Irrevocable Marital Trust. If there have been any amendments or changes to
the management of the entity, written documentation reflecting the changes and a new Statement of Authority will
be required.
Deed from vested owner(s) vesting fee simple title in the purchaser(s).
NOTE: Notation of the legal address of the grantee must appear on the deed as per 1976 amendment to statute
on recording of deeds CRS 38-35-109 (2).
NOTE: The vesting deed is shown as follows: Warranty Deed recorded May 28, 2013 as Reception No. 599842.
Approval to issue this policy must be obtained from authorized Underwriting Personnel of Stewart Title Guaranty
Company. This commitment and any policies to be issued are subject to any additional limitations, requirements or
exceptions made by Stewart Title Guaranty Company.
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B
PART I
Copyright 2006-2009 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.
File No. 01330-100653
CO STG ALTA Commitment Sch B I
Page 1 of 1 STEWART TITLE
GUARANTY COMPANY
File No.: 01330-100653
Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same
are disposed of to the satisfaction of the Company:
1.
2.
3.
4.
5.
6.
7.
Rights or claims of parties in possession, not shown by the public records.
Easements, or claims of easements, not shown by the public records.
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.
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.
Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records
or attaching subsequent to the Effective Date but prior to the date the proposed Insured acquires for value of
record the estate or interest or mortgage thereon covered by this Commitment.
(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof;
(c) minerals of whatsoever kind, subsurface and surface substances, in, on, under and that may be produced from
the Land, together with all rights, privileges, and immunities relating thereto, whether or not the matters excepted
under (a), (b) or (c) are shown by the Public Records or listed in Schedule B.
Water rights, claims or title to water.
8.
9.
10.
11.
12.
13.
14.
Any and all unpaid taxes and assessments and any unredeemed tax sales.
The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other
district or inclusion in any water service or street improvement area.
Exceptions and reservations as set forth in the Act authorizing the issuance of the Patent for the City and Townsite
of Aspen recorded March 1, 1897 in Book 139 at Page 216 as Reception No. 60156.
Reservation of minerals contained in the Deed recorded in Book 131 at page 81.
The Company makes no representation as to the present ownership of any such interests. There may be leases,
grants, exceptions or reservations of interests that are not listed.
Encroachment Agreement by and between the City of Aspen and Howard Bass and Harris A. Cahn as set forth in
instrument recorded October 8, 1990 as Reception No. 326988.
An Ordinance of the Aspen City Council Granting a Substantial Amendment to the Final Subdivision Plan for the
Oblock Subdivision, Condominiumization and Vested Rights Status for Lots D-I and N-S of Block 112, City of
Aspen, Pitkin County, Colorado Ordinance No. 28 (Series of 1993) as set forth in instrument recorded June 25,
1993 in Book 715 at Page 946 as Reception No. 358181.
Subdivision Agreement for OBlock Townhouses as set forth in instrument recorded October 8, 1990 in Book 631 at
Page 504 as Reception No. 326990; and Amended and Restated Subdivision Agreement of Oblock Townhouses
as set forth in instrument recorded September 28, 1993 in Book 725 at Page 261 as Reception No. 361532 and
First Amendment to Amended and Restated Subdivision Agreement for Oblock Townhouses recorded November
29, 1993 in Book 733 at Page 58 as Reception No. 363896.
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B
PART II
Copyright 2006-2009 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.
File No. 01330-100653
CO STG ALTA Commitment Sch B II STO
Page 1 of 2 STEWART TITLE
GUARANTY COMPANY
15.
16.
17.
18.
19.
Easements, rights of way and other matters as shown and contained on Plats of Enclave at Aspen recorded
October 8, 1990 in Plat Book 25 at Page 8 as Reception No. 326939, and recorded September 28, 1993 in Plat
Book 32 at Page 74 as Reception No. 361533, and recorded April 11, 1994 in Plat Book 34 at Page 30 as
Reception No. 368822 and recorded December 14, 1994 in Plat Book 35 at Page 75 as Reception No. 377161.
Declaration for The Enclave at Little Nell as set forth in instrument recorded April 18, 1994 in Book 747 at Page
882 as Reception No. 369105, and First Amendment to Declaration for The Enclave at Little Nell recorded
December 14, 1994 in Book 769 at Page 317 as Reception No. 377160 and re-recorded February 21, 1995 in
Book 774 at Page 667 as Reception No. 379172, and Second Amendment to Declaration for Enclave at Aspen
recorded March 16, 1995 in Book 776 at Page 404 as Reception No. 379771 and Third Amendment to Declaration
recorded November 5, 2009 as Reception No. 564271.
Accessory Dwelling Unit Deed Restriction Approved Pursuant to Ordinance 60 (Cottage Infill), and Section 5-510
of the Aspen City Land Use Code, Resolution No. 90-1 and Ordinance No. 90-14 as set forth in instruments
recorded September 29, 1993 in Book 725 at Page 366 as Reception No. 361562, and recorded in Book 725 at
Page 370 as Reception No. 361563 and recorded in Book 725 at Page 374 as Reception No. 361564 and
recorded in Book 725 at Page 378 as Reception No. 361565.
Curb and Gutter Improvement Agreement recorded April 3, 1996 as Reception No. 391377.
Any and all existing leases and tenancies.
NOTE: Exceptions 1 and 4 may be deleted from the policies, provided the seller and buyer execute the Company's
affidavits, as required herein, and the Company approves such deletions. If work has been performed on, or in connection
with, the subject property (architectural drawings, soils testing, foundation work, installation of materials), and the
Company has not reviewed and approved lien waivers and indemnitor financials, Standard Exception 4 (mechanic lien
exception) will not be deleted and no mechanic lien coverage will be furnished. Exceptions 2 and 3 may be deleted from
the policies, provided the Company receives and approves the survey or survey affidavit if required herein. Exception 5
will not appear on the policies, provided the Company, or its authorized agent, conducts the closing of the proposed
transaction and is responsible for the recordation of the documents.
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B
PART II
Copyright 2006-2009 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.
File No. 01330-100653
CO STG ALTA Commitment Sch B II STO
Page 2 of 2 STEWART TITLE
GUARANTY COMPANY
DISCLOSURES
File No.: 01330-100653
Pursuant to C.R.S. 10-11-122, notice is hereby given that:
A.
B.
C.
THE SUBJECT REAL PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT;
A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION SHALL BE OBTAINED FROM THE
COUNTY TREASURER OR THE COUNTY TREASURER’S AUTHORIZED AGENT;
INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE
OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR
THE COUNTY ASSESSOR
Note: Colorado Division of Insurance Regulations 8-2-2, Section 5, Paragraph G requires that “Every title entity shall be
responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the
closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed.”
Provided that Stewart Title - Aspen 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 Lender’s
Title 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:
A.
B.
C.
D.
E.
The land described in Schedule A of this commitment must be a single-family residence, which includes a
condominium or townhouse unit.
No labor or materials have been furnished by mechanics or materialmen for purposes of construction on the land
described in Schedule A of this Commitment within the past 6 months.
The Company must receive an appropriate affidavit indemnifying the Company against unfiled Mechanic’s and
Materialmen’s Liens.
The Company must receive payment of the appropriate premium.
If there has been construction, improvements or major repairs undertaken on the property to be purchased, within
six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will
include: disclosure of certain construction information; financial information as to the seller, the builder and/or the
contractor; payment of the appropriate premium; fully executed Indemnity agreements satisfactory to the
company; and, any additional requirements as may be necessary after an examination of the aforesaid information
by the Company.
No coverage will be given under any circumstances for labor or material for which the insured has contracted for or
agreed to pay.
To comply with the provisions of C.R.S. 10-11-123, the Company makes the following disclosure:
a.
b.
That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the
surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other
minerals, or geothermal energy in the property; and
That such mineral estate may include the right to enter and use the property without the surface owner’s
permission.
NOTE: THIS DISCLOSURE APPLIES ONLY IF SCHEDULE B, SECTION 2 OF THE TITLE COMMITMENT HEREIN
INCLUDES AN EXCEPTION FOR SEVERED MINERALS.
Notice of Availability of a Closing Protection Letter:Pursuant to Colorado Division of Insurance Regulation 8-1-3,
Section 5, Paragraph C (11)(f), a closing protection letter is available to the consumer.
x
NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE
COVERAGES REFERRED TO HEREIN, UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED.
File No.: 01330-100653
CO Commitment Disclosure Revised 1/1/17
STG Privacy Notice
Stewart Title Companies
WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION?
Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable
state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice
carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty
Company and its title affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm-Leach-Bliley Act (GLBA).
The types of personal information we collect and share depend on the product or service that you have sought through us. This
information can include social security numbers and driver's license number.
All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday
business—to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share
customers' personal information; the reasons that we choose to share; and whether you can limit this sharing.
.
Reasons we can share your personal information.Do we share Can you limit this sharing?
For our everyday business purposes— to process your
transactions and maintain your account. This may include running the
business and managing customer accounts, such as processing
transactions, mailing, and auditing services, and responding to court
orders and legal investigations.
Yes No
For our marketing purposes— to offer our products and services to
you.
Yes No
For joint marketing with other financial companies No We don't share
For our affiliates' everyday business purposes— information
about your transactions and experiences. Affiliates are companies
related by common ownership or control. They can be financial and
non-financial companies. Our affiliates may include companies with a
Stewart name; financial companies, such as Stewart Title Company
Yes No
For our affiliates' everyday business purposes— information
about your creditworthiness.No We don't share
For our affiliates to market to you — For your convenience,
Stewart has developed a means for you to opt out from its affiliates
marketing even though such mechanism is not legally required.
Yes Yes, send your first and last name, the email
address used in your transaction, your
Stewart file number and the Stewart office
location that is handling your transaction by
email to optout@stewart.com or fax to
1-800-335-9591.
For non-affiliates to market to you. Non-affiliates are companies
not related by common ownership or control. They can be financial
and non-financial companies.
No We don't share
We may disclose your personal information to our affiliates or to non-affiliates as permitted by law. If you request a transaction with a
non-affiliate, such as a third party insurance company, we will disclose your personal information to that non-affiliate. [We do not control
their subsequent use of information, and suggest you refer to their privacy notices.]
SHARING PRACTICES
How often do the Stewart Title Companies notify me
about their practices?
We must notify you about our sharing practices when you request a
transaction.
How do the Stewart Title Companies protect my
personal information?
To protect your personal information from unauthorized access and use, we
use security measures that comply with federal law. These measures
include computer, file, and building safeguards.
How do the Stewart Title Companies collect my
personal information?
We collect your personal information, for example, when you
ß
ß
request insurance-related services
provide such information to us
We also collect your personal information from others, such as the real
estate agent or lender involved in your transaction, credit reporting agencies,
affiliates or other companies.
What sharing can I limit?Although federal and state law give you the right to limit sharing (e.g., opt out)
in certain instances, we do not share your personal information in those
instances.
Contact us: If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company,
1980 Post Oak Blvd., Privacy Officer, Houston, Texas 77056
File No.: 01330-100653 Page 1
Revised 11-19-2013
forumphi.com | p. 970.279.4109 | f. 866.770.5585
Aspen: 715 W. Main St , #204 Aspen, CO 81611
Basalt: 104 Midland Ave, #202 Basalt, CO 81621
FORUM PHI | PRE-APPLICATION CONFERENCE SUMMARY
Written Response to all review criteria in Sec. 26.520.090.C
1. The applicant shall provide affordable housing mitigation for .38 full-time equivalents (FTEs). Mitigation
shall be provided at a Category 2 rate prior to issuance of any permit required to accomplish the
decommissioning or removal of the unit. This may be provided through extinguishment of a Certificate of
Affordable Housing Credit (See Chapter 26.540 – Certificates of Affordable Housing Credit) or by
providing a fee-in-lieu payment according to the rates specified in the current Aspen/Piktin County
Housing Authority Guidelines, as amended from time to time. (Commentary – The .38 figure reflects a
typical ADU being a studio or one-bedroom unit housing 1.5 FTEs with an approximate 25% occupancy.
1.5 x .25 = .375, rounded to .38.)
Forum Phi Response: Mitigation has been provided by credit purchase. Buyer, Alex Roudi, purchased from
Seller, Jet View LLC: .38 FTE Category 2 Affordable Housing Credits represented by Certificate of Affordable
Housing Credit No. 128 and issued by the City of Aspen on May 11, 2018.
2. The physical changes necessary to remove the ADU/Carriage House have been accomplished and
issued a final inspection by the Chief Building Official. (Building permits are required.) Once this has been
accomplished, a release of deed restriction, acceptable to the City Attorney, shall be completed and filed
with the Pitkin County Clerk and Recorder.
Forum Phi Response: Building permits have been submitted with the City Of Aspen and currently being reviewed
by a permit coordinator.
Agreement to Pay Application Fees
An agreement between the City of Aspen ("City') and
Address of Property: 834 E. DURANT AVE.
Please type or print in all caps
Property Owner Name: ZAYANDEROUDI FAMILY TRUST Representative Name (if different from Property Owner)
Billing Name and Address - Send Bills to:
ZAYANDEROUDI FAMILY TRUST - 1605 LA JOLLA RANCHO RD. LA JOLLA, CA 92037
Contact info for billing: e-mail: alex@interwestcapital.com & lalehz@yahoo.com
Phone:
STEEV WILSON
I understand that the City has adopted, via Ordinance No. 30, Series of 2017, review fees for Land Use applications and
payment of these fees is a condition precedent to determining application completeness. I understand that as the property
owner that I am responsible for paying all fees for this development application.
For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are
non-refundable.
$. flat fee for $. flat fee for
$. flat fee for $. flat fee for
For Deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not
possible at this time to know the full extent or total costs involved in processing the application. I understand that additional
costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete
processing, review and presentation of sufficient information to enable legally required findings to be made for project
consideration, unless invoices are paid in full.
The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to
the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of
an invoice by the City for such services.
I have read, understood, and agree to the Land Use Review Fee Policy including consequences for no -payment. I agree to pay
the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not
render and application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I
agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly
rates hereinafter stated.
$ 975 deposit for THREE 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:
Signature:
Jessica Garrow, AICP STEF�1 W t 1�5ody
Community Development Director PRINT Name: y
City Use:
Fees Due: $ Received $ Title: 6W N E P_ 'J Aurt4ceizrP ►.IT —
Case #
November 2017of •• 1 1920 5090
' :i...r• , ; �c�r,,�,:�i` • ;`y,`•;:a'., :g <�f: '�k#i...� `,�(�i,3yti .;�
�•. . fu 5"�j.-.-/. a•f':?� ��i :•ai„,v�tlk..�_.�� i�j•l��,` � y}�1tiY:'
_ 4361562 09/29/93 10:15 Give 1311 725 PG 366.
Silvia Davis, i-'>Lbsn (,rit:y Cierl:, Doc
ACC90BORY DWELLING UNIT DEED REETRICTION
APPROVED.PURSURNT TO ORDINANCE SD (COTTAGE INFXLL),
ORDINANCE ONE (HOUSING REPLACEMENT PROGRAM), AND
BECTXON 5-510 OF TILE ASPEN CITY LAND USS CODE,
REBOLUTXON 490-3. AND ORDINANCE 190-14 : r••
THXB ACCERSORY DWELLING UNIT DEED REETRICTXOH is made 'and I.
entered into this 7 ° day of Ic. F_ 1993, by s'
Hyard Bass - -and Harrig_hi .ga Coventors") • for itself, its
successors •and assigns, for the benefit of the'City of. Aspen,
Colorado, a,municipai corporation, and the Aspen/Pitkin County
#lousing Authority, a multi -jurisdictional housing authority'
established pursuant to.the AMENDED M;D RESTATED INTERGOVERNMENTAL
AGREEMENT recorded in Hook 605 at Page 751 of the records of the
Pitkin County Clark and Reaorderls office ("Autharity").
iiHERBAS, Coventor owns that parcel of real property located at
Boa exhibit "A"-attachcA_Iwreto -__, in the City of Aspen, County of
Pitkin, Colorado, more specifically described as Lots D-1, Block
112 (Parcel 8) upon which is situate a froo market dwelling and
contain within this dwelling a studio consisting of 350 not
liveable square fact to be classified as an accessory dwelling unit,
("Unite): and.
WHEREAS; .Coventor. agrees to accept and impose certain -.
conditions on its' use. and occupancy of the Unit as an accessory i
dwelling unit ,under. the Aspen Municipal Code.
NOW, 'THEREFORE, in consideration,of the mutual promises and
obligations contained where, the Coventor hereby covenants and
agrees as follows:
1. The Unit as identified hereinabove shall not. be ^�
condominiumized and, If rented, shall be rented only
accordance with the guidelines as adopted and as may be
amended from time to time by thn Authority governing 1
"resident -occupied" dwelling units.
-- 2. Coventor need not rent the Unit; however, when rented, only
qualified residents, as defined in the ]lousing Guidelines,
shall reside therein and all rental terms shall be fore a
period of not less than six (G) consecutive months. Coventor
shall maintain the right to select the qualified resident of
Its own chSoaing when renting the Unit. An executed espy of
all leases for the Unit shall be submitted to the Authority..
within ten (10) days of the approval of a qualified resident.
3. The covenants and, Waitations of this deed restriction shall
run wit}) and be binding on the land for the. benefit of the o
City of' -Aspen and. the Authority, either of whom may enforce
the provisions 'thereof through any proceedings at law or in
equity, including eviction of non -complying tenants.
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4. It is understood and agreed by the Coventor that no waiver of
a breach of any term or Condition as contained in this deed
restriction shall be construed to be a waiver of any breach of
the same or other term or condition, nor shall failure to
enforce any one of the terms or conditions, either by
forfeiture or otherwise, be construed as a waiver of any term
or condition.
IH WITNESS HEREOF, Coventor has placed its duly 'authorized j:•�'
signature hereto on the date as described above, ,
COVENTOR
By.
Howa ventor Harris A. Cahn,Coventor
Mailing Address: Butch 6 Sundance Investments, Inc.
c/o chuck Sellock
1400 28th Street, Suite 1
Boulder, CO 00102
' STATE OF Cj�,lv���4
COUNTY Dll� iN ss. ,
Thla or going- instrument was acknowledged before me.thiSla
day I' &Qkm, 19�A, by Upward Bass and Harris A. Cahn.
WITNESS MY hand.and official seal.
My. Commissiou expires: L Y�
Date
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ACCEPTANCE SY T11E, HOUSING AUTHORITY'
The foregoing agreement and its terms are accepted by the
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Aspen/Pitkin County Housing Authority.
T8E ASPEN/PIT COUHT SING AUTHORITY
By
David Z. MylqsP,1 Chairman
Mailing Address: 530 East Main Street, Suite 001
Aspen, CO 81611
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'— STATE OF COLORADO }
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COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this
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flay of .' Ns U,,,..'d-• __, 199?a , by David_SL
Hv]_er.
WITNESS MY.hand and official seal.
My Commission expires:
Date
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EXHIBIT A
UNIT NUMBER TIIREC
ADU 843 Ead Cooper Avenue, 841 East Cooper
Sec SEic PIDn AD1.1 Oblock Townhomes
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