HomeMy WebLinkAboutAttachment C - Land Use Application
300 SO SPRING ST | 202 | ASPEN, CO 81611
970.925.2855 | BENDONADAMS.COM
April 19, 2024
Jeffrey Barnhill
Planner
City of Aspen
427 Rio Grande Pl.
Aspen, CO 81611
RE: 1340 Snowbunny Lane – Extension of Vested Rights for Demolition Allotment
Mr. Barnhill,
Please accept this application requesting an extension of vested rights for the demolition and
redevelopment allotment awarded in 2024 for 1340 Snowbunny Lane. The owner, John Reese,
acquired the demolition allotment as a means of preserving the value of the property. The
property will pass to Mr. Reese’s heirs upon his passing. Mr. Reese would like to stay in his
residence through his remaining years and does not intend to demolish his home or sell the
property. Allowing the demolition allotment to expire will harm the value of the asset and
substantially diminish the family estate. Respectfully, we request the City allow the demolition
allotment to remain valid for a period of Mr. Reese’s natural life, plus two years. The two-year
time period is intended to allow settlement of the estate, listing and sale of the property, and time
for a new buyer to prepare and submit redevelopment plans.
Parcel Legal Description
Units 1, 2, and Common Area of the
Reese Duplex Condos Subdivision; Pitkin
County, Colorado
Parcel ID Numbers
2735-013-56-001; 2735-013-002;
2735-013-56-800
The map to the right shows
the property location.
While the property was condominiumized in 1982, it does not and has never contained a duplex.
The property contains a single-family home. The property is owned by Beverly A Reese Family
Trust, John W. Reese Revocable Trust, and Reese House Condo Association. John Reese,
Trustee, has authorized BendonAdams to submit this application.
Page 2 of 2
300 SO SPRING ST | 202 | ASPEN, CO 81611
970.925.2855 | BENDONADAMS.COM
John Reese purchased the 1340 property on May 1, 1973, with his (late) wife Beverly Resse and
has resided there since. Mr. Reese lives on the property today. Mr. Reese applied for and was
awarded a demolition allotment in January 2024, pursuant to a Notice of Approval recorded at
reception number 700837, attached. Mr. Reese has no intension of demolishing his home. The
purpose of obtaining a demolition allotment was to preserve the value of the real estate on behalf
of his surviving children and to allow them the maximum flexibility for the property, including future
demolition and redevelopment.
Pursuant to City of Aspen Code Section 26.308.010(d), a Development Order will expire three (3)
years after its effective date. The applicant is requesting an extension of vested rights for a
period of John Reese’s natural life, plus two years. This will allow Mr. Reese to reasonably
and comfortably live out his remaining years in his home, prior to the property being inherited by
his children. The two-year period is intended to enable time to market and sell the property and
for a new owner to submit and obtain redevelopment permits.
The applicant has attempted to address all relevant provisions of the code and to provide sufficient
information to enable a thorough evaluation of the application. Responses to all review criteria
are attached. Upon request, BendonAdams will gladly provide additional information as may be
required during your review. We are also happy to organize a site visit at your request.
Sincerely,
Chris Bendon, AICP
BendonAdams LLC
Attachments –
1. Response to review criteria
2. Land use application form
3. Agreement to pay
4. HOA status form
5. Authorization letter
6. Proof of Ownership
7. Pre-application
8. 2024 Notice of Approval
Exhibit 1
Review Criteria
26.308 – Vested Rights
(a) Rights conferred. A development order constitutes a site specific development plan and
subject to a vested property right. A vested property right is subject to expiration (See
Subsection 26.304.080(d)), revocation (See Subsection 26.304.080(e)) and all rights of
referendum and judicial review. A vested property right shall preclude any zoning or land use
action by the City or by an initiated measure which would alter, impair, prevent, diminish or
otherwise delay the development or use of the property as set forth in the development order,
except as set forth in C.R.S. § 24-68-105, as amended.
(b)Exemption from expiration of vested rights.
(1) The City Council may by resolution at a public hearing noticed by publication, mailing
and posting (See Subparagraphs 26.304.060(e)(3)a.—c.) approve an exemption of the
expiration of vested rights in accordance with this Section. Only subdivisions composed
of detached residential or duplex units shall be eligible for the exemption from the
expiration provisions of Subsection 26.304.080(d) To obtain an exemption, an
application for exemption shall be submitted at any time prior to the third (3rd)
anniversary of the effective date of the development order which shall demonstrate to
the satisfaction of City Council that:
a. Those conditions applied to a project at the time of final approval that were to
have been met as of the date of application for exemption have been complied
with; and
b. Any public or private improvements that were required to be installed by the
applicant prior to construction of any dwelling unit have been installed.
(2) An exemption from the expiration of vested rights shall have no time limit.
Response – Not applicable. The Applicant is requesting an extension of vested rights,
addressed below.
(c) Extension or reinstatement of vested rights. The City Council may, by resolution at a public
hearing noticed by publication, mailing and posting (See Subparagraphs 26.304.060(e)(3)a.—
c.) approve an extension or reinstatement of expired vested rights or a revoked development
order in accordance with this Section.
(1) In reviewing a request for the extension or reinstatement of vested rights the City
Council shall consider, but not be limited to, the following criteria:
a. The applicant's compliance with any conditions requiring performance prior to
the date of application for extension or reinstatement;
b. The progress made in pursuing the project to date including the effort to obtain
any other permits, including a building permit and the expenditures made by the
applicant in pursuing the project;
c. The nature and extent of any benefits already received by the City as a result
of the project approval such as impact fees or land dedications;
Exhibit 1
Review Criteria
d. The needs of the City and the applicant that would be served by the approval
of the extension or reinstatement request.
(2) An extension or reinstatement may be in the form of a written agreement duly
authorized and executed by the applicant and the City. Reasonable conditions may be
imposed by the City Council including, but not limited to, compliance with any
amendments to this Title adopted subsequent to the effective date of the development
order and associated vested rights.
(3) If the request is for reinstatement of a revoked development order, the City Council
shall determine the financial impacts of the investigation and may require the applicant
to pay the reasonable costs of investigation, enforcement and reporting by City staff.
Response – The Applicant requests that City Council consider an extension of vested
rights commensurate with Mr. Reese’s natural life, plus two years. This will allow the
Applicant to reasonably and comfortably live his remaining years at the property prior to
passing it down to his beneficiaries for future demolition and redevelopment. The Notice
of Approval was issued and recorded on February 29, 2024 (reception number 700837),
making the timing of this request well ahead of the standard three-year expiration of
rights. The Applicant will acquire the necessary permits and pay impact fees at the time
of building permit application.
(d) Expiration of vested rights. Pursuant to Section 26.304.080 a vested property right is initiated
on the effective date of a development order for a site specific development plan and expires on
the day after the third (3rd) anniversary of said effective date. After expiration, a development
order remains valid, excluding any allotments granted pursuant to Chapter 26.470, Growth
Management, but shall be subject to any changes in the Land Use Code that have been
adopted since the development's original approval. The period of vested rights may be extended
or the development exempted from expiration pursuant to this Section.
Response – The Applicant is requesting an extension of vested property rights to
accommodate the natural life of Mr. Reese, plus two years.
(e) Revocation. The City Council may by resolution at a public hearing noticed by publication,
mailing to the applicant and posting (See Subparagraphs 26.304.060(e)(3)a.—c.) revoke a
development order and associated vested rights upon a finding that:(1)The terms and conditions
of the development order have not been met; or(2)The development order is void within the
meaning of Section 26.104.050.
Response – The Applicant has met all obligations of the development order, the
development order remains valid, and the development order is not void according to the
meaning of such term as defined in Section 26.104.050.
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
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)
BendonAdams
300 South Spring Street, Suite 202, Aspen CO 81611
970.925.2855
Required Land Use Review(s):
Growth Management Quota System (GMQS) required fields:
x
xx
x
1340 Snowbunny Lane; Aspen, CO 81611
2735-013-56-001; 2735-013-56-002; 2735-013-56-800
John Reese, Trustee; Beverly A Reese Family Trust, John W Reese Revocable Trust; Reese House Condo Association
1340 Snowbunny Lane; Aspen CO 81611
chris@bendonadams.com
common development, vested rights
1,300
Single family home - proposed future demolition. Applicant requests extension of vested rights of demolition allotment
granted in 2024 (reception # 700837)
n/a+970-925-7918
Exhibit 2
n/a n/a 1
n/an/a
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020
Agreement to Pay Application Fees
Please type or print in all caps
Representative Name (if different from Property Owner)
Contact info for billing: e-mail: Phone:
I understand that the City has adopted, via Ordinance No. 30, Series of 2017, review fees for Land Use applications and
payment of these fees is a condition precedent to determining application completeness. I understand that as the property
owner that I am responsible for paying all fees for this development application.
For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are
non-refundable.
$. flat fee for . $. flat fee for
$. flat fee for . $. flat fee for
For Deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not
possible at this time to know the full extent or total costs involved in processing the application. I understand that additional
costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete
processing, review and presentation of sufficient information to enable legally required findings to be made for project
consideration, unless invoices are paid in full.
The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to
the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of
an invoice by the City for such services.
I have read, understood, and agree to the Land Use Review Fee Policy including consequences for no-payment. I agree to pay
the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not
render and application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I
agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly
rates hereinafter stated.
$ deposit for hours of Community Development Department staff time. Additional time
above the deposit amount will be billed at $325.00 per hour.
$ deposit for hours of Engineering Department staff time. Additional time above the
deposit amount will be billed at $325.00 per hour.
City of Aspen:
Ben Anderson, AICP
Community Development Director
City Use:
Fees Due: $ Received $
Case #
Signature:
PRINT Name:
Title:
BendonAdams
An agreement between the City of Aspen (“City”) and
Address of Property:
Property Owner Name:
Billing Name and Address - Send Bills to:
1300 4
1340 Snowbunny Lane; Units 1 and 2, Common Area
Jack Reese
1340 Snowbunny Lane; Aspen, CO 81611
970-925-7918
Chris Bendon
Owner's Representative
1300 4
Exhibit 3
Exhibit 4
John Reese
Exhibit 5
John Reese,
Customer Distribution
Prevent fraud - Please call a member of our closing team for wire transfer
instructions or to initiate a wire transfer. Note that our wiring instructions will
never change.
Order Number: Q62014736-3 Date: 12/06/2023
Property Address: 1340 SNOWBUNNY LN, ASPEN, CO 81611
For Closing Assistance For Title Assistance
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
BENDONADAMS LLC
Attention: ERIN WACKERLE
300 S SPRING STREET SUITE 202
Aspen, CO 81611
(406) 531-0806 (Cell)
(970) 925-2855 (Work)
erin@bendonadams.com
Delivered via: Electronic Mail
Exhibit 6
Estimate of Title Fees
Order Number: Q62014736-3 Date: 12/06/2023
Property Address: 1340 SNOWBUNNY LN, ASPEN, CO 81611
Seller(s): BEVERLY A. REESE FAMILY TRUST DATED SEPTEMBER 11, 2021, AS TO
PARCEL A AND JOHN W. REESE REVOCABLE TRUST UNDER TRUST AGREEMENT
DATED APRIL 18, 2003, AS TO PARCEL B
Buyer(s): None
Thank you for putting your trust in Land Title. Below is the estimate of title fees for the
transaction. The final fees will be collected at closing. Visit ltgc.com to learn more about
Land Title.
Estimate of Title Insurance Fees
"TBD" Commitment $265.00
TBD - TBD Income $-265.00
TOTAL $0.00
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 documents on your property.
Chain of Title Documents:
Pitkin county recorded 09/16/2022 under reception no. 690301
Pitkin county recorded 07/18/2022 under reception no. 689030
Pitkin county recorded 07/18/2022 under reception no. 689028
Pitkin county recorded 06/06/2022 under reception no. 688088
Pitkin county recorded 05/18/2022 under reception no. 687684
Pitkin county recorded 10/25/2021 under reception no. 681852
Pitkin county recorded 03/25/2010 under reception no. 567955
Pitkin county recorded 03/25/2010 under reception no. 567956
Pitkin county recorded 05/01/1973 at book 275 page 274
Plat Map(s):
Pitkin county recorded 10/06/1982 at book 13 page 95
Copyright 2006-2023 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:
1340 SNOWBUNNY LN, ASPEN, CO 81611
1.Effective Date:
11/22/2023 at 5:00 P.M.
2.Policy to be Issued and Proposed Insured:
"TBD" Commitment
Proposed Insured:
$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:
BEVERLY A. REESE FAMILY TRUST DATED SEPTEMBER 11, 2021, AS TO PARCEL A AND JOHN W. REESE
REVOCABLE TRUST UNDER TRUST AGREEMENT DATED APRIL 18, 2003, AS TO PARCEL B
5.The Land referred to in this Commitment is described as follows:
PARCEL A:
UNIT 1, REESE CONDOMINIUMS, TOGETHER WITH AN UNDIVIDED ONE-HALF INTEREST IN AND TO THE
COMMON ELEMENTS, ACCORDING TO THE CONDOMINIUM MAP OF REESE CONDOMINIUMS
RECORDED OCTOBER 6, 1982 IN PLAT BOOK 13 AT PAGE 95 AND AS DEFINED AND DESCRIBED IN THE
CONDOMINIUM DELCARATION FOR REESE CONDOMINIUMS RECORDED OCTOBER 6, 1982 IN BOOK
433 AT PAGE 685.
COUNTY OF PITKIN
STATE OF COLORADO
PARCEL B:
UNIT 2, REESE CONDOMINIUMS, TOGETHER WITH AN UNDIVIDED ONE-HALF INTEREST IN AND TO THE
COMMON ELEMENTS, ACCORDING TO THE CONDOMINIUM MAP OF REESE CONDOMINIUMS
RECORDED OCTOBER 6, 1982 IN PLAT BOOK 13 AT PAGE 95 AND AS DEFINED AND DESCRIBED IN THE
CONDOMINIUM DELCARATION FOR REESE CONDOMINIUMS RECORDED OCTOBER 6, 1982 IN BOOK
433 AT PAGE 685.
COUNTY OF PITKIN
STATE OF COLORADO
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Order Number:Q62014736-3
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part I
(Requirements)
Order Number: Q62014736-3
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 PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM
SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN
UNITED STATES PATENT RECORDED AUGUST 17, 1889 IN BOOK 55 AT PAGE 5 AND JUNE 16, 1894 IN
BOOK 55 AT PAGE 45.
9.EASEMENTS, NOTES, RIGHTS OF WAY AND OTHER MATTERS AS SET FORTH ON THE PLAT OF
SNOWBUNNY SUBDIVISION RECORDED MAY 2, 1957 IN PLAT BOOK 2A AT PAGE 229.
10.EASEMENT 5.00 FEET IN WIDTH ALONG REAR AND SIDE LOT LINES FOR UTILITY PURPOSES AS SET
FORTH IN INSTRUMENT RECORDED MAY 2, 1957 IN BOOK 181 AT PAGE 255.
11.RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, AS
CONTAINED IN INSTRUMENT RECORDED MAY 02, 1957, IN BOOK 181 AT PAGE 255 AND ASSIGNMENT
OF POWERS, ARCHITECTURAL CONTROL COMMITTEE RECORDED OCTOBER 13, 1965 IN BOOK 216 AT
PAGE 96.
12.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN EASEMENT RECORDED JULY
23, 1958 IN BOOK 184 AT PAGE 336.
13.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN DECLARATION OF TRUST
FOR THE BENEFIT OF PROPERTY OWNERS IN SNOWBUNNY SUBDIVISION RECORDED AUGUST 8,
1958 IN BOOK 184 AT PAGE 435.
14.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN STATEMENT OF EXEMPTION
FROM THE DEFINITION OF SUBDIVISION RECORDED NOVEMBER 25, 1980 IN BOOK 400 AT PAGE 425.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: Q62014736-3
15.EASEMENTS, NOTES, RIGHTS OF WAY AND ALL MATTERS AS SHOWN ON THE CONDOMINIUM MAP OF
REESE CONDOMINIUMS RECORDED OCTOBER 6, 1982 IN PLAT BOOK 13 AT PAGE 95.
16.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN COVENANTS RECORDED
NOVEMBER 25, 1980 IN BOOK 400 AT PAGE 427.
17.THOSE PROVISIONS, COVENANTS AND CONDITIONS, EASEMENTS AND RESTRICTIONS, WHICH ARE A
BURDEN TO THE CONDOMINIUM UNIT DESCRIBED IN SCHEDULE A, AS CONTAINED IN THE
CONDOMINIUM DELCARATION FOR REESE CONDOMINIUMS RECORDED OCTOBER 6, 1982 IN BOOK
433 AT PAGE 685.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: Q62014736-3
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.
Note: Pursuant to CRS 10-11-123, notice is hereby given:
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)
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.
Note: Pursuant to CRS 24-21-514.5, Colorado notaries may remotely notarize real estate deeds and other documents
using real-time audio-video communication technology. You may choose not to use remote notarization for any
document.
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 Insurancy 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 Company
NOTICE
IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE
POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS
COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT.
THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION
OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF
THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF
THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED.
THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN
ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE
CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. .
COMMITMENT TO ISSUE POLICY
Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, 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.
6. LIABILITY OF THE COMPANY MUST BE BASED ON 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)
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)
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
Craig B. Rants, Senior Vice President
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Old Republic National Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; 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.
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)
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PRE-APPLICATION CONFERENCE SUMMARY
PRE-24-042
DATE: April 15, 2024
PLANNER: Jeffrey Barnhill | jeffrey.barnhill@aspen.gov | 970.429.2797
PROJECT NAME AND ADDRESS: 1340 Snowbunny Lane | Extension of Vested Rights | Demolition Allotment
REPRESENTATIVE: Chris Bendon | chris@bendonadams.com | BendonAdams
DESCRIPTION: 1340 Snowbunny Lane contains an existing single-family residence in the R-15 Zone District.
The property was recently awarded an administrative GMQS review for a 2024 demolition allotment to
demolish the existing single-family structure on site (Reception #700837). This property has not yet received
a development order listing the Vested Rights expiration date; however, staff has confirmed that they will be
receiving a development order shortly. The Vested Rights will expire 3 years from the date that the
Development Order Notice is printed in the Aspen Daily News. The applicant has not indicated why they need
an extension of vested rights at this point in time. The request will be considered in a public hearing by City
Council.
RELEVANT LAND USE CODE SECTIONS:
Section Number Section Title
26.304 Common Development Review Procedures
26.308 Vested Rights
For your convenience – links to the Land Use application, and the Land Use Code are provided below:
Land Use Application | Land Use Code
REVIEW BY: Community Development Staff for complete application and recommendation, City
Council for decision.
PUBLIC HEARING: Yes, City Council
PLANNING FEES: $1,300 deposit for up to 4 billable hours. Lesser/additional hours will be
refunded/billed at a rate of $325 per hour
REFERRAL FEES: None
TOTAL DEPOSIT: $1,300
APPLICATION CHECKLIST – PLEASE EMAIL APPLICATION TO: CDEHADMINS@ASPEN.GOV
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 Co lorado, 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.
Exhibit 7
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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.
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. Specifically, the application
should address the review criteria in 26.308.
If the application is deemed complete by staff, the following items will then need to be submitted:
Total deposit 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 8
DECISION:
The Community Development Director finds the Administrative GMQS review for one (1)
Single -Family or Duplex Demolition Allotment meets the requirements of Land Use Code
Section 26.470.090.0 and hereby APPROVES the request, subject to the following
conditions:
1. All requirements of the Residential Demolition and Redevelopment standards must
be met before building permit issuance.
2. The building permit application must include a signed and notarized affidavit from
the property owner, or successors stating the following:
a. All requirements of the Building IQ program shall be met.
b. All provisions of the Embodied Carbon requirement shall be met prior to
receipt of a Certificate of Occupancy.
3. Approval and related vesting are limited to the issuance of a GMQS Demolition
Allotment and Residential Demolition and Redevelopment Standards. Tile property
is subject to all other requirements of the Land Use and Building Codes in effect at
the time of building permit submission.
APPROVED BY:
&--'
B Anderson
Community Development Director
Attachments:
Exhibit A -- Legal Description
Exhibit B — Application (not recorded)
Date
Page 2 of 3
Exhibit A I Subject Property Legal Description
The subject of this approval applies to the laid legally described below:
I6 = 6
UNIT 1, REESE CONDOMINIUMS, TOGETHER WITH AN UNDIVIDED ONE-HALF
INTEREST IN AND TO THE COMMON ELEMENTS, ACCORDING TO THE
CONDOMINIUM MAP OF REESE CONDOMINIUMS RECORDED OCTOBER 6, 1982 IN
PLAT BOOK 13 AT PAGE 95 AND AS DEFINED AND DESCRIBED IN THE
CONDOMINIUM DELCARATION FOR REESE CONDOMINIUMS RECORDED OCTOBER
6, I982 IN BOOK 433 AT PAGE 685. COUNTY OF PITKIN, STATE OF COLORADO,
UNIT 2, REESE CONDOMINIUMS, TOGETHER WITH AN UNDIVIDED ONE-HALF
INTEREST IN AND TO THE COMMON ELEMENTS, ACCORDING TO THE
CONDOMINIUM MAP OF REESE CONDOMINIUMS RECORDED OCTOBER 6, 1982 IN
PLAT BOOK 13 AT PAGE 95 AND AS DEFINED AND DESCRIBED IN THE
CONDOMINIUM DELCARATION FOR REESE CONDOMINIUMS RECORDED OCTOBER
6, I982 IN BOOK 433 AT PAGE 685. COUNTY OF PITKIN, STATE OF COLORADO.
Page 3 of 3