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Home My WebLink About511 Pre-Dev Topo Application 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM August 6, 2019 Ms. Sarah Yoon Historic Preservation Planner City of Aspen 130 So. Galena St. Aspen, Colorado 81611 RE: 511 Lazy Chair Lane – Pre-Development Topography Ms. Yoon: Please accept this application for a pre-development grade determination. Lot 2 of the Arthur O. Pfister Subdivision – 511 Lazy Chair Lane – is currently developed with a single-family home. The site will soon be submitted for a redevelopment with a new home and this pre-development topography is an important element of the design process. The grades surrounding the home and associated with the driveway have clearly been modified for the current development. There’s a noticeable topographic bench that has been created through an apparent cut and fill to accommodate the current home. Roaring Fork Engineering has provided an estimation of the topography that existed prior to development. The mapping has been provided with 2-foot contours and connects the undisturbed site contours that exist north and south of the current structure. Additional topographic detail can be produced as well as any other technical information to assist this review. A site visit can also be arranged. Daniel Thomas Van Voorhis Revocable Living Trust is the property owner. Daniel Van Voorhis is the Trustee and has authorized BendonAdams to represent the ownership’s interests. We hope this application provides sufficient information to enable a thorough evaluation of this application. Upon request, BendonAdams will gladly provide such additional information as may be required during your review. Kind Regards, Chris Bendon, AICP BendonAdams LLC Exhibits: 1. Application form 2. Agreement to Pay 3. HOA Form 4. Authorization to represent 5. Proof of ownership 6. Pre-Application Summary 7. Vicinity Map 8. Current Survey 9. Proposed Pre-Development Topography 511 Lazy Chair - Pre-Dev Grade 2735-113-02-002 Daniel Thomas Van Voorhis Revocable Living Trust 2015 Spring Road, Suite 600; Oak Brooke, IL 60523 630.645.8105 daniel_vanvoorhis@continentalcommunities.com BendonAdams 300 So. Spring St. #202; Aspen, CO 81611 925.2855 Chris@BendonAdams.com Existing subdivided lot with single-family residence. Property will be redeveloped with a new home. na na 1 - existing 0 na 975 Determination of pre-develoment topography Exhibit 1 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement to Pay Application Fees An agreement between the City of Aspen ("City") and dd f 511 Lazy Chair Lane A ress o Property: __________________ _ Please type or print in all caps Property Owner NamePanial T. Van Voorhis, Tr��sentative Name (If different from Property Owner) Bend0nAdamsDaniel Thomas Van Voorhis Revocable Living Trust Billing Name and Address - Send Bills to: 2015 Spring Road, Suite 600; Oak Brook, IL 60523 Daniel vanvoorhis@ContinentalCommunities.com (630) 645-8105Contact 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. $ 650 deposit for 2 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. $ 325 deposit for 1 hours of Engineerin De artment staff time. Additional time above the deposit amount will be billed at $325.00 per hour. City of Aspen: Jessica Garrow, AICP Community Development Director City Use: Fees Due: $ ___ Received $ __ _ Case# __________ _ -�i u.,..,- an Voorhis, Trustee Daniel Thomas Van Voorhis Revocable Living TrustTitle:\ �?d£: November 2017 City of Aspen I 130 S. Galena St. I (970) 920 5090 Exhibit 2 Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed by the properly owner or Attorney representing the propertv owner. Property Owner ("I"): Address of Property: (subject of application) Name: Daniel Thomas Van Voorhis Revocable Living Trust; Danial T. Van Voorhis, Trustee Email: Phone No.: (630) 645-8105 Danlel_vanvoor his@ContinentalCommunities.com 511 Lazy Chair Lane; Aspen, CO 81611 I certify as follows: (pick one) D 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 land use application do not require approval by the homeowners association or covenant beneficiary. D This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. I understand this policy a I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning e ct of private covenants or homeowner association rules or bylaws. I understand that this do ume t is a public document. Owner signature: --».-,J---_____,,___ __ date* Owner printed nam Dania T. Van Voorhis, Trustee Daniel Thomas Van Voorhis Revocable Living Trust or, Attorney signature: date: ____ _ Attorney printed name: __________ _ Exhibit 3 July 25, 2019 Jennifer Phelan, AICP Community Development Director City of Aspen 130 So. Galena St. Aspen, Colorado 81611 ® BendonAdams RE: 511 Lazy Chair Lane; Aspen, CO. Ms. Phelan: Please accept this letter authorizing BendonAdams LLC to represent our ownership interests in 511 Lazy Chair Lane and act on our behalf on matters reasonably associated in securing land use approvals for the property. If there are any questions about the foregoing or if I can assist, please do not hesitate to contact me. Property - 511 Lazy Chair Lane; Aspen, CO 81611 Legal Description - Lot 2, Arthur 0. Pfister Fully Developed Lands Subdivision Exemption; Pitkin County, Colorado Parcel ID - 2735-113-02-002 Owner - Daniel Thomas Van Voorhis Revocable Living Trust Dan· T. Van oorhis, Trustee as Van Voorhis Revocable Living Trust 2015 Spring Road, Suite 600 Oak Brook, IL 60523 (630)645-8105 Daniel_vanvoorhis@ContinentalCommunities.com 300 SO SPRING ST I 202 I ASPEN, CO 81611 970.925.2855 I BENDONADAMS COM Exhibit 4 This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 5030000 (1-31-17)Page 1 of 15 ALTA Commitment for Title Insurance (8-1-16) ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company Commitment COMMITMENT FOR TITLE INSURANCE Issued By FIRST AMERICAN TITLE INSURANCE COMPANY NOTICE IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions,First American Title Insurance Company, a Colorado Corporation (the "Company"), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met within six months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. First American Title Insurance Company If this jacket was created electronically, it constitutes an original document. Exhibit 5 This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 5030000 (1-31-17)Page 2 of 15 ALTA Commitment for Title Insurance (8-1-16) COMMITMENT CONDITIONS 1.DEFINITIONS (a) "Knowledge" or "Known": Actual or imputed knowledge, but not constructive notice imparted by the Public Records. (b) "Land": The land described in Schedule A and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (c) "Mortgage": A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law. (d) "Policy": Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (e) "Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. (f) "Proposed Policy Amount": Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (g) "Public Records": Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (h) "Title": The estate or interest described in Schedule A. 2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, this Commitment terminates and the Company’s liability and obligation end. 3. The Company’s liability and obligation is limited by and this Commitment is not valid without: (a) the Notice; (b) the Commitment to Issue Policy; (c) the Commitment Conditions; (d) Schedule A; (e) Schedule B, Part I—Requirements; (f) Schedule B, Part II—Exceptions; and (g) a counter-signature by the Company or its issuing agent that may be in electronic form. 4.COMPANY’S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5.LIMITATIONS OF LIABILITY (a) The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured’s good faith reliance to: (i) comply with the Schedule B, Part I—Requirements; (ii) eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or (iii) acquire the Title or create the Mortgage covered by this Commitment. (b) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (c) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 5030000 (1-31-17)Page 3 of 15 ALTA Commitment for Title Insurance (8-1-16) (d) The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. (e) The Company shall not be liable for the content of the Transaction Identification Data, if any. (f) In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements have been met to the satisfaction of the Company. (g) In any event, the Company’s liability is limited by the terms and provisions of the Policy. 6.LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT (a) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. (b) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment. (c) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (d) The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (e) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. (f) When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy. 7.IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company’s agent for the purpose of providing closing or settlement services. 8.PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9.ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 5033708-A (4-9-18)Page 4 of 15 ALTA Commitment for Title Insurance (8-1-16) Colorado - Schedule A ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company Schedule A Transaction Identification Data for reference only: Issuing Agent:Winter VanAlstine Issuing Office:Attorneys Title Insurance Agency of Aspen, LLC Issuing Office's ALTA® Registry ID: 1019587 Loan ID No.: Commitment No.:19004212 Issuing Office File No.:19004212 Property Address:511 Lazy Chair Lane, Lot 2 (Parcel A) and Lazy Chair Ranch Road, Lot 2 (Parcel B), Aspen, CO 81611 SCHEDULE A 1. Commitment Date: August 2, 2019 at 07:45 AM 2. Policy or Policies to be issued: Amount Premium A.ALTA Owners Policy (06/17/06)$0.00 $0.00 Proposed Insured:TBD Certificate of Taxes Due $0.00 Endorsements: Additional Charges:$0 Total $0.00 3. The estate or interest in the land described or referred to in this Commitment is Fee simple. 4. The Title is, at the Commitment Date, vested in: Daniel Thomas Van Voorhis Revocable Living Trust 5. The land referred to in the Commitment is described as follows: SEE EXHIBIT A ATTACHED HERETO For informational purposes only, the property address is: 511 Lazy Chair Lane, Lot 2 (Parcel A) and Lazy Chair Ranch Road, Lot 2 (Parcel B), Aspen, CO 81611. SCHEDULE A (Continued) This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 5033708-A (4-9-18)Page 5 of 15 ALTA Commitment for Title Insurance (8-1-16) Colorado - Schedule A Attorneys Title Insurance Agency of Aspen, LLC By: Winter VanAlstine Authorized Officer or Agent FOR INFORMATION PURPOSED OR SERVICES IN CONNECTION WITH THIS COMMITMENT, CONTACT: Attorneys Title Insurance Agency of Aspen, LLC,715 West Main Street, Suite 202, Aspen, CO 81611, Phone: 970 925-7328, Fax: 970 925-7348. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 5030008-BI&BII (5-18-17)Page 6 of 15 ALTA Commitment for Title Insurance (8-1-16) Colorado - Schedule BI & BII ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company Schedule BI & BII Commitment No: 19004212 SCHEDULE B, PART I Requirements All of the following Requirements must be met: 1.The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2.Pay the agreed amount for the estate or interest to be insured. 3.Pay the premiums, fees, and charges for the Policy to the Company. 4.Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. 5.Payment of all taxes and assessments now due and payable as shown on a certificate of taxes due from the County Treasurer or the County Treasurer's Authorized Agent. 6.Evidence that all assessments for common expenses, if any, have been paid. 7.Final Affidavit and Agreement executed by Owners and/or Purchasers must be provided to the Company 8.Warranty Deed must be sufficient to convey the fee simple estate or interest in the land described or referred to herein, from the Daniel Thomas Van Voorhis Revocable Living Trust, to, TBD, the proposed insured, Schedule A, item 2A. NOTE: C.R.S. Section 38-35-109(2) required that a notation of the purchaser's legal address, (not necessarily the same as the property address) be included on the face of the Deed to be recorded. 9.Release of the Deed of Trust from Daniel Thomas Van Voorhis Revocable Living Trust, to the Public Trustee of Pitkin County for the benefit of The Huntington National Bank, to secure an indebtedness in the principal sum of $1,380,000.00 and any other amounts and/obligations secured thereby, dated August 14, 2018, and recorded August 14, 2018, as Reception No. 649530. NOTE: This affects Lot 3 (Parcel B) only. ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company Schedule BI & BII (Cont.) Form 50-CO-Disclosure (4-1-16)Page 7 of 15 Disclosure Statement (5-1-15) Colorado 10.Release of the Deed of Trust from Daniel Thomas VanVoorhis, Trustee of the Daniel Thomas VanVoorhis Revocable Living Trust dated March 23, 2006, to the Public Trustee of Pitkin County for the benefit of The Huntington National Bank, to secure an indebtedness in the principal sum of $2,858,000.00, and any other amounts and/obligations secured thereby, dated April 29, 2019, and recorded May 16, 2019, as Reception No. 655984. NOTE: This affects Lot 2 (Parcel A) only. NOTE: This Deed of Trust was recorded without a Schedule A - Legal Description attached. 11.A true and correct copy of the Trust Agreement which creates the Daniel Thomas Van Voorhis Revocable Living Trust, providing, among other things, the designation of the trustee(s) and specification of the trustee(s) powers under that trust. 12.Record a Statement of Authority to provide prima facie evidence of existence of Daniel Thomas Van Voorhis Revocable Living Trust, an entity capable of holding property, and the name of the person authorized to execute instruments affecting title to real property as authorized by C.R.S. Section 38-30-172. 13.Additional Requirements may be included once the name of the Buyer is provided. 14.Improvement Survey Plat sufficient in form, content and certification acceptable to the Company. Exception will be taken to adverse matters disclosed thereby. 15.This Title Commitment is subject to underwriter approval. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 5030008-BI&BII (5-18-17)Page 8 of 15 ALTA Commitment for Title Insurance (8-1-16) Colorado - Schedule BI & BII ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company Schedule BI & BII (Cont.) Commitment No.: 19004212 SCHEDULE B, PART II Exceptions THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: 1.Any facts, rights, interests or claims which are not shown by the Public Records, but which could be ascertained by an inspection of the Land or by making inquiry of persons in possession thereof. 2.Easements, or claims of easements, not shown by the Public Records. 3.Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct land survey and inspection of the Land would disclose, and which are not shown by the Public Records. 4.Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown in the Public Records. 5.Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I—Requirements are met. Note: Exception number 5. will be removed from the policy provided the Company conducts the closing and settlement service for the transaction identified in the commitment 6.Any and all unpaid taxes, assessments and unredeemed tax sales. 7.Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof. 8.Any water rights, claims of title to water, in, on or under the Land. 9.Taxes and assessments for the year 2019, and subsequent years, a lien not yet due or payable. ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company Schedule BI & BII (Cont.) Form 50-CO-Disclosure (4-1-16)Page 9 of 15 Disclosure Statement (5-1-15) Colorado 10.Rights to ditches and reservoirs used in connection with such water rights and right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises as reserved in the United States Patent dated April 3, 1896, and recorded August 26, 1911, in Book 55 at Page 191, as Reception No. 074888. 11.Terms, conditions, provisions, agreements and obligations specified under the Warranty Deed dated November 7, 1950, and recorded November 15, 1950, in Book 176 at page 79, as Reception No. 097937, and Correction Deed dated November 7, 1958, and recorded November 10, 1958, in Book 185 at Page 486, as Reception No. 107215, and in Book 242 at Page 369A. 12.Terms, conditions, provisions, agreements and obligations specified under the Agreement dated May 10, 1951, and recorded June 1, 1951, in Book 175 at Page 513 as Reception No. 098386, and Quit Claim Deed dated December 19, 1969, and recorded December 19, 1969, in Book 245 at Page 114, as Reception No. 138379, and Agreement dated December 19, 1969, and recorded December 19, 1969, in Book 245 at Page 116, as Reception No. 138380, and re-recorded August 25, 1972, in Book 266 at Page 253, as Reception No. 153537. 13.Terms, conditions, provisions, agreements and obligations specified under the Resolution of the Board of County Commissioners of Pitkin County, Colorado, Granting Approval of Detailed Submission for Subdivision, 1041 Environmental Hazard Review, Scenic Foreground Overlay Review, Planned Unit Development, Rezoning, Special Review Approval for Relocation of the KSNO Radio Tower, Lot Line Adjustment with the ARU Property, General and Detailed Submission to the "Grand Amendment" portion of the Application and Amendment to the Buttermilk Ski Area Master Plan for the Pfister Ranch / Golf Application (Resolution No. 91-111) dated June 11, 1991, and recorded September 23, 1991, in Book 657 at Page 306, as Reception No. 336728, Affects Parcel B only) and Amendment to Resolution No. 91-111 of the Board of County Commissioners of Pitkin County, Colorado, Granting Approval of Detailed Submission for Subdivision, 1041 Environmental Hazard Review, Scenic Foreground Overlay Review, Planned Unit Development, Rezoning, Special Review Approval for Relocation of the KSNO Radio Tower, Lot Line Adjustment with the ARU Property, General and Detailed Submission to the "Grand Amendment" portion of the Application and Amendment to the Buttermilk Ski Area Master Plan for the Pfister Ranch / Golf Application (Resolution No. 91-112) dated August 7, 1991, and recorded September 23, 1991, in Book 657 at Page 384, as Reception No. 336729. 14.Terms, conditions, provisions, agreements and obligations specified under the Access Easement Agreement dated September 8, 1993, and recorded November 12, 1993, in Book 730 at Page 774, as Reception No. 363255. 15.30 foot wide Access Easement as reflected on the Final Subdivision Plat & PUD for Maroon Creek Club recorded November 15, 1993, in Plat Book 33 at Page 4, as Reception No. 363275. 16.Terms, conditions, provisions, agreements and obligations specified under the Water Service Agreement dated July 26, 1993, and recorded November 15, 1993, in Book 730 at Page 797, as Reception No. 363258, and First Amendment to Water Service Agreement dated July 26, 1993, and recorded October 17, 1997, as Reception No. 409559. 17.Terms, conditions, provisions, agreements and obligations specified under the Access Easement Agreement dated November 19, 1993, and recorded December 2, 1993, in Book 733 at Page 590, as Reception No. 364074. 18.Terms, conditions, provisions, agreements and obligations specified under the Golf Course Easement Agreement dated December 8, 1993, and recorded December 15 1993, in Book 735 at Page 400, as Reception 364622. 19.Terms, conditions, provisions, agreements and obligations specified under the Declaration of Restrictive Covenants dated December 10, 1993, and recorded December 22, 1993, in Book 736 at Page 335, as Reception No. 364890. ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company Schedule BI & BII (Cont.) Form 50-CO-Disclosure (4-1-16)Page 10 of 15 Disclosure Statement (5-1-15) Colorado 20.Terms, conditions, provisions, agreements and obligations specified under An Ordinance of the City Council of the City of Aspen, Colorado, Approving the Annexation of Certain Territory to the City of Aspen, Colorado, to be known and Designated as the "Maroon Creek Club Subdivision (South) Property" Annexation (Ordinance No. 34 (Series of 1996), dated August 26, 1996, and recorded February 21, 1997, as Reception No. 401985. 21.Terms, conditions, provisions, agreements and obligations specified under An Ordinance of the Aspen City Council Granting a Rezoning for the Maroon Creek Subdivision in Conjunction with Annexation Into the City of Aspen, dated October 28, 1996, and recorded April 8, 1997, as Reception No. 403224. 22.22.Any and all notes, easements and recitals as disclosed on the recorded Maroon Creek Club Subdivision (South) Annexation Plat recorded February 6, 1997, in Plat Book 41 at Page 76, as Reception No. 401571. 23.Terms, conditions, provisions, agreements and obligations specified under the Easement Deed and Agreement dated February 28, 2014, and recorded February 28, 2014, as Reception No. 608307. 24.Terms, conditions, provisions, agreements and obligations specified under Ordinance No. 12 (Series of 2014), An Ordinance of the City of Aspen City Council Approving a Minor Subdivision Agreement for the Arthur O. Pfister Subdivision Lots 2 and 3, City of Aspen, Pitkin County, Colorado, dated May 12, 2014, and recorded June 18, 2014 as Reception No. 611208. 25.Any and all notes, easements and recitals as disclosed on the recorded Plat recorded March 17, 2015 in Plat Book 109 at Page 72, as Reception No. 618207. 26.Any and all notes, easements and recitals as disclosed on the First Amended Plat, Golf Course, Parcel C, 30' wide Access Easement, recorded May 5, 2015, in Plat Book 111 at Page 8, as Reception No. 619571. 27.Rights of others to use the cart path, as it traverses the subject property, as shown on the Improvement Survey Map, provided by Tuttle Surveying Services, dated July 18, 2018. 28.Terms, conditions, provisions, agreements and obligations specified under the Agreement Regarding Road Realignment and Pfister Lots Development Project dated April 14, 2015, and recorded April 27, 2015, as Reception No. 619349. 29.Terms, conditions, provisions, agreements and obligations specified under Resolution No. 6 (Series of 2015), A Resolution of the Aspen Planning and Zoning Commission Approving 8040 Greenline Review for the Property Located at 511 Lazy Chair Ranch Road, Legally Described as Lot 2, Arthur 0. Pfister Fully Developed Lands Subdivision Exemption, According to the Plat Thereof Recorded April 14, 1993 in Plat Book 42 at Page 45, As Reception No. 403369, Pitkin County, Colorado, dated February 17, 2015, and recorded March 2, 2015 as Reception No. 617734 and dated February 17, 2015, and recorded March 5, 2017 as Reception No. 617879. 30.Encroachment of septic lids onto subject property as reflected on the Improvement Survey Plat provided by Tuttle Surveying Services dated July 18, 2018. NOTE: This affects Parcel A (Lot 2) only. 31.Terms, conditions, provisions, agreements and obligations specified under the Bargain and Sale Deed, recorded August 14, 2018, as Reception No. 649523. NOTE: This affects Parcel A (Lot 2) only. ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company Schedule BI & BII (Cont.) Form 50-CO-Disclosure (4-1-16)Page 11 of 15 Disclosure Statement (5-1-15) Colorado 32.Terms, conditions, provisions, agreements and obligations specified under the Bargain and Sale Deed, recorded August 14, 2018, as Reception No. 649529. NOTE: This affects Parcel B (Lot 3) only. 33.Any existing leases or tenancies, and any and all parties claiming by, through or under said lessees. Form 5000000-EX (7-1-14)Page 12 of 15 Exhibit A ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company Exhibit A File No.: 19004212 The Land referred to herein below is situated in the County of Pitkin, State of Colorado, and is described as follows: Parcel A: Lot 2, ARTHUR O. PFISTER FULLY DEVELOPED LANDS SUBDIVISION EXEMPTION, according to the first amendment to the final plat thereof recorded March 17, 2015 in Plat Book 109 at Page 72, as Reception No. 618207, Pitkin County, Colorado. Parcel B: Lot 3, ARTHUR O. PFISTER FULLY DEVELOPED LANDS SUBDIVISION EXEMPTION, according to the first amendment to the final plat thereof recorded March 17, 2015 in Plat Book 109 at Page 72, as Reception No. 618207, Pitkin County, Colorado. Form 50-CO-Disclosure (4-1-16)Page 13 of 15 Disclosure Statement (5-1-15) Colorado DISCLOSURE STATEMENT Pursuant to C.R.S. 30-10-406(3)(a) all documents received for recording or filing in the Clerk and Recorder’s office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one-half of an inch. The Clerk and Recorder will refuse to record or file any document that does not conform to the requirements of this section. NOTE: If this transaction includes a sale of the property and the price exceeds $100,000.00, the seller must comply with the disclosure/withholding provisions of C.R.S. 39-22-604.5 (Nonresident withholding). NOTE: Colorado Division of Insurance Regulations 8-1-2 requires that “Every title insurance company shall be responsible to the proposed insured(s) subject to the terms and conditions of the title commitment, other than the effective date of the title commitment, for all matters which appear of record prior to the time of recording whenever the title insurance company, or its agent, conducts the closing and settlement service that is in conjunction with its issuance of an owner’s policy of title insurance and is responsible for the recording and filing of legal documents resulting from the transaction which was closed. Pursuant to C.R.S. 10-11-122, the company will not issue its owner’s policy or owner’s policies of title insurance contemplated by this commitment until it has been provided a Certificate of Taxes due or other equivalent documentation from the County Treasurer or the County Treasurer’s authorized agent; or until the Proposed Insured has notified or instructed the company in writing to the contrary. The subject property may be located in a special taxing district. A Certificate of Taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer’s authorized agent. Information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. NOTE: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner’s policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. A. That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B. That such mineral estate may include the right to enter and use the property without the surface owner’s permission. NOTE: Pursuant to Colorado Division of Insurance Regulations 8-1-2, Affirmative mechanic’s lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner’s Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic’s and material-men’s liens. D. The Company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium, fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Form 50-CO-Disclosure (4-1-16)Page 14 of 15 Disclosure Statement (5-1-15) Colorado NOTE: Pursuant to C.R.S. 38-35-125(2) no person or entity that provides closing and settlement services for a real estate transaction shall disburse funds as a part of such services until those funds have been received and are available for immediate withdrawal as a matter of right. NOTE: C.R.S. 39-14-102 requires that a real property transfer declaration accompany any conveyance document presented for recordation in the State of Colorado. Said declaration shall be completed and signed by either the grantor or grantee. NOTE: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies. NOTE: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of an ALTA Closing Protection Letter which may, upon request, be provided to certain parties to the transaction identified in the commitment. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. TELEPHONE 970 925-7328 FACSIMILE 970 925-7348 ATTORNEYS TITLE INSURANCE AGENCY OF ASPEN, LLC 715 West Main Street, Suite 202 Aspen, CO 81611 Attorneys Title Insurance Agency of Aspen, LLC Privacy Policy Notice PURPOSE OF THIS NOTICE Title V. of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly or through it affiliates, from sharing non-public personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Attorneys Title Insurance Agency of Aspen, LLC. We may collect nonpublic personal information about you from the following sources: Information we receive from you, such as on application or other forms. Information about your transactions we secure from out files, or from our affiliates or others. Information we receive from a consumer reporting agency. Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customer to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: Financial service providers such as companies engaged in banking, consumer finance, securities and insurance. Non-financial companies such as envelope stuffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. PRE-APPLICATION CONFERENCE SUMMARY DATE: May 6, 2019 PLANNER: Sarah Yoon, 920.5144 PROJECT NAME AND ADDRESS: 511 Lazy Chair Road PARCEL ID# 2735-113-02-002 REPRESENTATIVE: Chris Bendon (BendonAdams) for Daniel Van Voorhis Trust DESCRIPTION: 511 Lazy Chair Road, Lot 2 of the Arthur O. Pfister Fully Developed Lands Subdivision Exemption, is located in the Rural Residential (RR) zone district. An amendment to the subdivision and annexation agreement was approved in Ordinance #12, Series of 2014 that includes conditions for development. Since existing grade on the property has been modified over time, the applicant needs to establish an agreed upon pre-development or interpolated grade prior to new development. The applicant would like to establish the grade on site before development and receive a formal confirmation that this will be considered natural grade. In order to establish an agreed upon pre-development or interpolated grade, which will then be considered natural grade, a land use application must be submitted for consideration by the Community Development Director. The Applicant must provide a signed and stamped alternative interpolated grade survey from a licensed surveyor. Essential to the application is evidence of the pre-development topography. The following language from the Land Use Code (Chapter 26.575) describes the review process: “In instances where the natural grade of a property has been affected by prior development activity, the Community Development Director may accept an estimation of pre-development topography prepared by a registered land surveyor or civil engineer. The Director may require additional historical documentation, technical studies, reports, or other information to verify a pre-development topography.” The submitted materials will additionally be evaluated by the City of Aspen Engineering Department. Following are the relevant sections of the Municipal Code and details on how to move forward. RELEVANT LAND USE CODE SECTIONS: Section Number Section Title 26.304 Common Development Review Procedures 26.575.020.C Calculations and Measurements For your convenience – links to the Land Use Application and Land Use Code are below: Land Use Application Land Use Code Exhibit 6 REVIEW BY: • Staff for completeness of application and determination. REQUIRED LAND USE REVIEW(S): • Interpolated Grade Determination. PUBLIC HEARING: • No. NEIGHBORHOOD OUTREACH: • No PLANNING FEES: $650 for two (2) hours of staff review time. REFERRAL FEES: Engineering - $325 for one (1) hour of review time. TOTAL DEPOSIT: $975 (additional/lesser planning hours are billed/ refunded at a rate of $325/hour; additional engineering hours over deposit are billed at a rate of $325/hour). APPLICATION CHECKLIST – These items should first be submitted in one paper copy.  Completed Land Use Application and signed Fee Agreement.  Pre-application Conference Summary (this document).  Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner’s right to apply for the Development Application.  Applicant’s name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant.  HOA Compliance form (Attached to Application)  An 8 1/2” by 11” vicinity map locating the parcel within the City of Aspen.  A proposed survey indicating interpolated grade, from a registered surveyor or civil engineer.  Historical documentation, technical studies (such as soil study), surveys, spot elevations, site sections, maps and other information sufficient to verify the pre-development topography. Once the application 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. (During review of the case, additional items may be requested.) 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 7 511 Lazy Chair Lane – Vicinity Map Exhibit 8 V I/ +� ti• C:� S ��Q`� �:`� ' M-r- Va . J LOT 2 and LOT 3, FINAL PLAT OF THE ARTHUR 0. PFISTER FULLY DEVELOPED LANDS SUBDIVISION EXEMPTION AS RECORDED ON APRIL 14, 1997 IN PLA T BOOK 42 A T PAGE 45 IN THE OFFICES OF THE PI TKIN COUNTY CLERK AND RECORDER COUNTY OF PI TKIN, S TA TE OF COL ORA D O �_.__. may. „!�. � `►�,•.,�� / �� -U0 ry►�►� `ice ` Q 1 Ll Ub C1 ca /0n �. Q Q� N� Z Oo � �') oo�� OOVJ O Sanitary Manhole Q k Rim=8028.01 fp J E/ev to water /eve/= 8022.21 ' Bottom of tank= 8020.31 ' OSanitary Manhole Rim= 8037.77 Elev. Dirt bottom = 8031.37' PVC pipes (one with a visible valve)=8035.57' OSanitary Manhole Rim= 8010.83 Elev. Inv. /N= 7996.23' 0 Inv. OUT=7996.43' D Sanitary Manhole Rim= 8048.19 Elev. Inv. 1N=8037.99' _OUT==8037.89' / GRAPHIC SCALE 30 0 15 30 60 ( IN FEET ) 1 inch = 30 ft. LEGEND TO A&ALIkk- COs WV N O Dec— ss G0`5,-.— OKA& SM H2C� SS — THIS PROPERTY IS SUBJECT TO THE FOLLOWING EXCEPTIONS PER SAID TITLE COMMITMENT NO. 180OJ912 continued 45. Terms, conditions, provisions, agreements and obligations specified under Ordinance No. 12 (Series of 20t4)—An Ordinance of the City of Aspen City Council Approving a Minor Subdivision Agreement for the Arthur 0. Pfister Subdivision Lots 2 and 3, City of Aspen, Pitkin County, Colorado, dated May 12, 2014, and recorded June 18, 2014 as Reception No. 611208. This Exception applies to both Lot 2 and Lot J. (Could affect subject property — nothing to show) 46. Terms, conditions, provisions, agreements and obligations specified under Resolution No. 6 (Series of 2015), A Resolution of the Aspen Planning and Zoning Commission Approving 8040 Greenline Review for the Property Located at 511 Lazy Chair Ranch Road, Legally Described as Lot 2, Arthur 0. Pfister Fully Developed Lands Subdivision Exemption, According to the Plot Thereof Recorded April 14, 1993 in Plat Book 42 at Page 45, As Reception No. 403369, Pitkin County, Colorado, dated February 17, 2015, and recorded March 2, 2015 as Reception No. 617734. This Exemption applies exclusively to Lot 2. (Could affect subject property — n thing to show) 47. Terms, conditions, provisions, agreements and obligations specified under Resolution No. 6 (Series of 2015), A Resolution of the Aspen Planning and Zoning Commission Approving 8040 Greenline Review for the Property Located at 511 Lazy Chair Ranch Road, Legally Des cri ed as Lot 2, Arthur 0. Pfister Fully Developed Lands Subdivision Exemption, According to the Plot Thereof Recorded April 14, 1993 in Plot Book 42 at Page 45, as Reception No. 40336 , Pitkin County, Colorado, dated February 17, 2015, and recorded March 5, 2017 as Reception No. 617879. This Exception applies exclusively to Lot 2. (Could affect subject property — othing to show) 48. Terms, conditions, provisions, agreements and obligations specified under the Agr ement Regarding Road Realignment and Pfister Lots Development Project dated April 14, 2015, and recorded April 27, 2015, as Reception No. 619349. This Exception applies to both L o 2 and Lot J. 49. Any and a// notes, easements and recitals as disclosed on the recorded P/at rec rded March 17, 2015 in Plat Book 109 at Page 72, as Reception No. 618207. This Exception applies to both Lot 2 and Lot J. (As shown hereon) 50. Any and all notes, easements and recitals as disclosed on the First Amended /at, Golf Course, Parcel C, 30' wide Access Easement, recorded May 5, 2015, in Plot Book Ill at Page 8, as Reception No. 619571. This Exception applies to both Lot 2 and Lot 3. (As hown hereon) 51. Any existing leases or tenancies, and any and all parties claiming by, through r under said lessees. (Could affect subject property — nothing to show) a) c 3 9 CENTERLINE 30' ACCESS EASEMENT AS SHOWN IN PLAT BOOK 33PAGE 3 LINE TABLE LINE LENGTH I BEARING AILIJ 10.091 N5573'00"E CENTERLINE 30' ACCESS EASEMENT AS SHOWN /N 41 PLAT BOOK 33 PAGE 3 LINE TABLE CURVE LENGTH' RADIUS CHORD CHORD BEARING DELTA TANGENT A 1 C1 92.9 215.00 92.23 N83 43'07"W 24 46'14" 47.21 A 1 C2 79.28 345.00 79.11 S7755'00 "E 13 09'59" 39.82 A1C3 130.60 185.76 127.93 N7521'32"E 407656" 68.13 A 1 C4 254.10 1 250. 001 243.30 I N26 05'56 7E 58 -14'08 -1 139.25 LT •, ,mil/f •rr�,��-� c�. 0 DEVEL OPMENT IN HA TCHED A TEA LINE TABLE L16f BEARING LENGTH DL 1 N 26 30'33" E 79.54' DL2 N 06 4735" E 42.88' DL3 N 0845'06" W 53.33' DL 4 N 02 27'20" E 71.03' DL5 N 12 32'11 " W 9.35' DL6 N 0573'13" W 81.12' DL7 N 207524" W 12.16' DL8 N 00 00'00" E 6.25' 30' ROAD AMENDED PR/VA TE ROAD EASEMENT CURVE TABLE LINE LENGTH BEARING A2L 1 30.14' N 90 00'00 "E A2L2 121.14' S 334422" W A2L3 5.06 N 03 09'S5" E A2L 4 45.05' N 26 26'22" E A2L5 115.03' lV 3344'22" E 30' ROAD AMENDED PR/VA TE ROAD EASEMENT CURVE TABLE CURVE LENGTH RADIUS CHORD CHORDBEARING DELTA A2C1 142.05' 285.00' 140.58' S19 2739 "W 28 33'27" A2C2 48.21 ' 371.07' 207.68' S60 33'16 "W 1318'03" A2C,31 124. J8'1 J71.07'1 255. 00'1 N19 46'00 "E 275645" 30' ROAD EASEMENT PARALLEL TO WEST LOT LINE OF LOT 3FOR ACCESS TO LOTS 2 AND 3 LINE TABLE LINE I LENGTH SEAHING A3L 1 52.59 N 323822" E AJL2 50. 39 S 2 21 '59" E A3L3 40.93 S 8 53'13" E A3L4 80.71 S 12 0'46" E A3L5 23.92 S 23836" E AJL61 26.06 N 90 00'00" W 30 ROAD EASEMENT PARALLEL TO WEST LOT LINE OF LOT 3 FOR ACCESS TO LOTS 2 AND 3 CURVE TABLE CURVE LENGTH RADIUS CHORD ICHORD BEARING DELTA A3C1 68. 69' 371. 07' 68.591 N08 07'01 "W 1O'3622" Q b a LEGEND AND NOTES: WQ — p INDICATES FOUND MONUMENT AS DESCRIBED — OO INDICA TES FOUND NO.5 REBAR & CAP MARKED LS 33638 — DATE OF SURVEY APRIL 26, 2018 — BEARINGS ARE BASED UPON A NO. 5 REBAR WITH A YELLOW PLASTIC CAP L.S. #9184 FOUND AT THE SOUTHWESTERL Y CORNER OF LOT 3 OF SAID FINAL PLA T AND A T THE WESTERL Y ANGLE POINT OF SAID LOT 3 ALSO BEING THE SOUTHEASTERLY CORNER OF LOT 2 USING A BEARING OF N 09 59'48" BETWEEN THE TWO DESCRIBED MONUMENTS. — THIS PROPERTY IS SUBJECT TO EASEMENTS, RIGHTS OF WA Y AND/ OR REQUIREMENTS AS NOTED OR SHOWN IN THE RECORDS OF THE PITKIN COUNTY CLERK AND RECORDER. Z p Q — THIS SURVEY DOES NOT REPRESENT A TITLE SEARCH BY THIS SURVEYOR TO DETERMINE OWNERSHIP OR TO DISCOVER EASEMENTS OR OTHER ENCUMBRANCES OF RECORD. ALL INFORMATION PERTAINING TO OWNERSHIP, m EASEMENTS OR OTHER ENCUMBRANCES OF RECORD HAS BEEN TAKEN FROM A TITLE COMMITMENT ISSUED BY FIRST AMERICAN TITLE INSURANCE COMPANY., DA TED APRIL 19, 2018, COMMITMENT NO. 180OJ912 W 4 — CITY OF ASPEN ZONING- RR (RURAL RESIDENTIAL) — UTILITIES SHOWN ARE BASED UPON MARKS MADE BY A UTILITY LOCH TOR AND SHOULD BE FIELD VERIFIED PRIOR UJ Q TO CONSTRUCTION. W � W SURVEYOR'S CERTIFICA TE.- 0 V p N 4JEFFREY ALLEN TUTTLE, BEING A PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, O Q m LQ D DO HEREBY CERTIFY THA T THIS IMPROVEMENT SURVEY WAS PREPARED FROM AN ACTUAL = O W Q MONUMENTED LAND SURVEY OF THE PROPERTY CORNER MONUMENTS, BOTH FOUND AND SET, o UNDER MY DIRECT SUPERVISION AND CHECKING; TfIA T I T IS CORRECT TO THE BEST OF MY BELIEF AND KNOWLEDGE AND THA T ALL DIMENSIONS, BOTH LINEAR AND ANGULAR WERE DETERMINED BY AN ACCURA TE CONTROL SURVEY IN THE FIELD WHICH BALANCED AND CLOSED WI THIN A LIMIT OF 1 IN 15,000 (WHICH COMPLIES WITH COL ORADO PROFESSIONAL STANDARDS FOR A LAND SURVEY PLA T AND THE CURRENT ACCURACY STANDARDS FOR AL TA/ACSM LAND TI TLE SUR VEYS): I FURTHER CERTIFY THA T THE IMPRO VEMEN IS ON THE ABO VE DESCRIBED T PARCEL ON THIS DA TE, JUL Y 18, 2019, EXCEPT UTILITY CONNECTIONS, ARE ENT/REL Y WITHIN THE BOUNDARIES OF THE PARCEL, EXCEPT AS SHOWN AND THA T THERE IS NO APPARENT EVIDENCE W OR SIGN OF ANY EASEMENT CROSSING OR BURDENING ANY PART OF SAID PARCEL, EXCEPT AS NOTED. JEFFREY ALLEN TUTTLE L.S. 33638 � woad IChack DA TE Notice According to Colorado law, you must commence any legal action based upon any defect in this survey within three years after you first discover such defect. In no event may any legal action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. TIlTTLh' ,S'bWVffYINC S RYIC�',S' 923 Co op er A ven u e Glen wood Springs, Colorado 81601 (970) 928-9708 (FAX 947-9007) .'mail— jeff®tss—us corn Lot 2 & Lot 3, Access Road Aspen, Colorado. 8_16x'?3 Drawn bv: DMC Date: 07123I20 1 9 Z.• \ 2019 \ PFIS TER \L0TS2\ L O TS2&A CCESS PFIS TERISP. D WG 0 MAP Of 10 C10 INTERPOLATED HISTORICAL GRADES RO A R I N G F O R K E N G I N E E R I N G 59 2 H I G H W A Y 1 3 3 CA R B O N D A L E C O L O R A D O , 8 1 6 2 3 PH : ( 9 7 0 ) 3 4 0 - 4 1 3 0 F : ( 8 6 6 ) 8 7 6 - 5 8 7 3 CHECKED BY: # DE S C R I P T I O N DA T E D R A W N B Y CONSTRUCTION DRAWN BY: JOB #: 51 1 L A Z Y C H A I R AS P E N , C O L O R A D O 2019-34 NOT FOR TRS RBG 1 80 4 0 G R E E N L I N E R E V I E W 07 . 3 0 . 2 0 1 9 T R S 2 Exhibit 9