HomeMy WebLinkAbout0058.2011.ASLU
0058.2011.ASLU/420_Thunderbowl.preapp summary.doc CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
PLANNER: Jennifer Phelan, 429-2759 DATE: 4/7/11
PROJECT: 420 Thunderbowl Lane
REPRESENTATIVE: Aldo Tamer
TYPE OF APPLICATION: Insubstantial Planned Unit Development (PUD) Amendment
DESCRIPTION: The prospective Applicant would like to amend the shape of the development envelope for 420 Thunderbowl Lane of the Aspen Highlands Village Subdivision and PUD with no
net increase in the area of the envelope. The lot is part of a Planned Unit Development (PUD) and PUD Amendment approval is required to modify the PUD and allow the alteration of the
development envelope. Approval to apply for the amendment shall be provided by the Homeowners Association.
Land Use Code Section(s)
26.304 Common Development Review Procedures
26.445.100 A. Planned Unit Development – Insubstantial Amendment
Review by: - Staff for complete application
- Referral agencies for technical considerations
- Community Development Director (for administrative decision on the amendment request, unless it is determined that the application does not qualify as an insubstantial amendment).
Public Hearing: No
Planning Fees: $735.00. Deposit for 3 hours of staff time (additional staff time required is billed at $245 per hour)
Referral Fee: $212.00
Total Deposit: $947.00
Total Number of Application Copies:
Administrative Insubstantial PUD Amendment: 2 Copies
Online Land use Code: http://www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zoning/Title-26-Land-Use-Code/
Online Land Use Application: http://www.aspenpitkin.com/Portals/0/docs/City/Comdev/Apps%20and%20Fees/landuseappform.pdf
To apply, submit the following information:
Total Deposit for review of application.
2. Applicant’s name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized
to act on behalf of the applicant.
3. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, 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.
Completed Land Use Application.
Signed fee agreement.
Pre-application Conference Summary.
An 8 1/2” x 11” vicinity map locating the subject parcel within the City of Aspen.
Proof of ownership.
A proposed PUD Amendment plat showing the change to the development envelope.
11. A written description of the proposal and a written explanation of how the proposed development
complies with the review standards relevant to the development application (section 26.445.100 A., Planned Unit Development – Insubstantial Amendment).
12. Approval letter from HOA for the application being submitted
13. Applications shall be provided in paper format (number of copies noted above) as well as the text only on either of the following digital formats. Compact Disk (CD)-preferred, Zip
Disk or Floppy Disk. Microsoft Word format is preferred. Text format easily convertible to Word is acceptable.
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.
0058.2011.ASLU/Agreement for Payment of City of Aspen Development Applicat.pdf
0058.2011.ASLU/Authorization of Representative Tamer.pdf
0058.2011.ASLU/TAM.110725 description of application.doc July 25, 2011
TO: City of Aspen Community Development
RE: Insubstantial PUD Amendment 420 Thunderbowl Lane
On behalf of our client we are requesting an Insubstantial PUD Amendment to the building and activity envelope on 420 Thunderbowl Lane. This amendment is designed to accommodate a new
spa and adjoining landscaping by amending the existing shape of the building and activity envelope. 155 square feet of building envelop and 450 square of activity envelope will be
reshaped and located with no net increase of either area.
This amendment application complies with section 26.445.100.A of the municipal code meeting the requirements as follows:
1. A change in the use or character of the development.
Response: No change of character is proposed through the adjustment of envelopes.
2. An increase by greater than three percent (3%) in the overall coverage of structures on the
land.
Response: No additional structures are proposed.
3. Any amendment that substantially increases trip generation rates of the proposed development
or the demand for public facilities.
Response: There are no increases in trip generation as the use type is not changing.
4. A reduction by greater than three percent (3%) of the approved open space.
Response: There is no reduction in open space.
5. A reduction by greater than one percent (1%) of the off-street parking and loading space.
Response: There is no reduction of off-street parking and loading.
6. A reduction in required pavement widths or rights-of-way for streets and easements.
Response: There is no reduction in right-of-ways or easements
7. An increase of greater than two percent (2%) in the approved gross leasable floor area of
commercial buildings.
Response: No commercial buildings are proposed
8. An increase by greater than one percent (1%) in the approved residential density of the
development.
Response: No increase in residential density is proposed
9. Any change which is inconsistent with a condition or representation of the project's original
approval or which requires granting a variation from the project's approved use or
dimensional requirements.
Response: Given the minor area of adjustment and the fact there is no net increase of envelope
Area no variation will be required from the project’s original approval.
Thank you for your consideration and we look forward to discussing this insubstantial amendment, and answering any questions you may have.
Thank You
Jeffrey Orsulak
Lipkin Warner Design & Planning LLC
701 East Valley Road Suite 201
Basalt, CO 81621
P. 1 OF 1
701 East Valley Rd. Ste 201
Basalt, Colorado 81621
T 970 927 8473
F 970 927 8487
L W
D P
LIPKIN WARNER DESIGN & PLANNING
0058.2011.ASLU/TAM110725 land use application.attachment 2.pdf CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
ATTACHMENT 2 –LAND USE APPLICATION PROJECT: TYPE OF APPLICATION: (please check all that apply): Name: Location: (Indicate street address, lot & block number, legal description where
appropriate) Parcel ID # (REQUIRED) APPLICANT: Name: Address: Phone #: REPRESENTATIVE: Name: Address: Phone #: GMQS Exemption Conceptual PUD Temporary Use GMQS Allotment
Final PUD (& PUD Amendment) Text/Map Amendment Special Review Subdivision Conceptual SPA ESA – 8040 Greenline, Stream Margin, Hallam Lake Bluff, Mountain View Plane Subdivision
Exemption (includes condominiumization) Final SPA (& SPA Amendment) Commercial Design Review Lot Split Small Lodge Conversion/ Expansion Residential Design Variance Lot Line Adjustment
Other: Conditional Use EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) PROPOSAL: (description of proposed buildings, uses, modifications,
etc.) Have you attached the following? FEES DUE: $_________ Pre-Application Conference Summary Attachment #1, Signed Fee Agreement Response to Attachment
#3, Dimensional Requirements Form Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards 3-D Model for large project All plans that
are larger than 8.5” X 11” must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects
should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model.
0058.2011.ASLU/Tamer HOA letter.pdf
0058.2011.ASLU/Tamer.Review_Copy_-_Amended_Plat_AHV_Lot_1BlockA_2011_0822.pdf Q:\2010\468.001 Lot1 BlkA AHV\dwg\AHVlot1bkA-AP Amend Plat 20scale (1)
0058.2011.ASLU/Title_Commitment.Tamer.pdf Microsoft Word - Document in AIM - 949496 Narrative Sale
View your transaction progress 24/7 via SureClose. Ask us about your login today! Aspen Division 620 East Hopkins Avenue Aspen, Colorado 81611 Phone: 970-925-3577 Fax: 970-925-1384
Date: August 12, 2011 Order Number: 949496 Buyer: Seller: Aqua 2322 Corp Property Address: 420 Thunderbowl Lane, Aspen, CO 81611 We Appreciate Your Business And Look Forward
to Serving You in the Future. Please direct all Closing inquiries to: Please direct all Title inquiries to: Linda Williams Phone: 970-766-0234 Email Address: lwilliam3@stewart.com
SELLER: Aqua 2322 Corp 104 Paloma Drive Coral Gables, Florida 33143 LISTING BROKER: Lipkin Warner Design & Planning LLC Attn: Jeffrey Orsulak Phone: (970)
927-8473 (970) 927-8473 Email Address: jorsulak@lipkinwarner.com SELLING BROKER: NONE Phone:
ALTA Commitment (6/17/06) ALTA Commitment Form COMMITMENT FOR TITLE INSURANCE Issued by Stewart Title Guaranty Company, a Texas Corporation (“Company”), for a valuable consideration,
commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or
interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules
A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed
for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy
or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a
sample of the policy form upon request. This commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Stewart
Title Guaranty Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. Countersigned: Stewart Title
Aspen Division 620 East Hopkins Avenue Aspen, Colorado 81611 Phone: 970-925-3577 Fax: 970-925-1384 President Chairman of the Board Senior Chairman of the Board President President
Chairman of the Board Chairman of the Board Senior Chairman of the Board Senior Chairman of the Board Order Number: 949496 ALTA Commitment (6/17/06) Order Number: 949496 ALTA Commitment
(6/17/06) – Schedule A Title Officer: Linda Williams Page 1 of 1 COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: August 1, 2011, at 7:30 A.M. Order Number: 949496
2. Policy or Policies To Be Issued: Amount of Insurance (a) A.L.T.A. Owner’s (b) A.L.T.A. Loan 3. The estate or interest in the land described or referred
to in this Commitment and covered herein is: Fee Simple 4. Title to the referenced estate or interest in said land is at the effective date hereof vested in: AQUA 2322
CORPORATION, A DELAWARE CORPORATION 5. The land referred to in this Commitment is described as follows: Lot 1, Block A, THE ASPEN HIGHLANDS VILLAGE P.U.D., according to the Plat
thereof recorded October 15, 1998 in Plat Book 47 at Page 1 as Reception No. 423275. COUNTY OF PITKIN, STATE OF COLORADO. Purported Address: 420 Thunderbowl Lane Aspen, Colorado
81611 Statement of Charges: These charges are due and payable before a Policy can be issued: Order Number: 949496 ALTA Commitment (6/17/06) – Schedule B 1 Page 1 of
1 COMMITMENT FOR TITLE INSURANCE SCHEDULE B – Section 1 REQUIREMENTS Order Number: 949496 The following are the requirements to be complied with: 1. Payment to or for the account
of the grantor(s) or mortgagor(s) of the full consideration for the estate or interest to be insured. 2. Proper instrument(s) creating the estate or interest to be insured must be
executed and duly filed for record. 3. NONE AT THIS TIME NOTE: This product is for informational purposes only. It is not a title insurance product and does not provide any
form of coverage. This product is not a guarantee or assurance, and does not warrant, or otherwise insure, any condition, fact or circumstance. This product does not obligate this
Company to issue any policies of title insurance for any subsequent transaction based on the information provided or involving the property described herein. This Company' s sole liability
for any error(s) relating to this product is limited to the amount that was paid for this product. Order Number: 949496 ALTA Commitment (6/17/06) – Schedule B 2 Page 1 of 5 COMMITMENT
FOR TITLE INSURANCE SCHEDULE B – Section 2 EXCEPTIONS Order Number: 949496 The policy or policies to be issued will contain exceptions to the following unless the same are disposed
of to the satisfaction of the Company: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, 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 the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Unpatented mining claims, reservations
or exceptions in patents, or in acts authorizing the issuance thereof. 7. Water rights, claims or title to water. 8. Any and all unpaid taxes and assessments and unredeemed tax sales.
9. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement
area. 10. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved
in United States Patents recorded January 19, 1892 in Book 55 at Page 20 as Reception No. 45510, and recorded April 7, 1903 in Book 55 at Page 507 as Reception No. 68137. 11. Right
of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded June 25, 1957 in Book 181 at Page 506 as Reception No. 105258.
12. Resolution of the Board of County Commissioners of Pitkin County, Colorado, Granting General Submission Approval to the PUD and Rezoning Applications of the Aspen Highlands Resort
Order Number: 949496 ALTA Commitment (6/17/06) – Schedule B 2 Page 2 of 5 Resolution No. 86-39 recorded July 18, 1986 in book 514 at Page 719 as Reception No. 279645; Resolution of
the Board of County Commissioners of Pitkin County, Colorado, Regarding the Disposition of the Aspen Highlands Resort Application that has been in Process Prior to the Adoption of Revised
Growth Management Regulations of the Pitkin County Land Use Code, Resolution No. 95-10, recorded February 15, 1995 in Book 774 at Page 47 as Reception No. 379001; Resolution of the
Planning and Zoning Commission of Pitkin County Colorado, Recommending to the Pitkin County Board of County Commissioners Approval of the Amended General Submission, Planned Unit Development
Rezoning, 1041 Environmental Hazard Review, and Land Use Code Amendment Application for the Aspen Highlands Village Proposal, Resolution No. PZ-95-08 recorded November 17, 1995 in Book
799 at Page 976 as Reception No. 387488; Resolution of the Board of County Commissioners of Pitkin County, Colorado Granting Subdivision General Submission, Planned Unit Development,
1041 Environmental Hazard Review and Special Review Approval for the Aspen Highlands Village Proposal, Resolution No. 96-141, recorded March 19, 1997 as Reception No. 402639; Resolution
of the Growth Management Commission of the City of Aspen and Pitkin County, Colorado, Forwarding the Scoring on a Request from Aspen Highlands Village for Determination of "Exceptional"
Project Status and Metro Area Multi Year Residential Allotments to the City Council and Board of County Commissioners and Recommending that the Board of County Commissioners and City
Council Accept the Scoring and that the Board of County Commissioners Grant the Request Allotment GMC Resolution No. 97-7, recorded September 29, 1997 as Reception No. 408929; Ordinance
of the Board of County Commissioners of Pitkin County, Colorado, Granting Rezoning of the Aspen Highlands Village Site from AF-SKI, AR-1, R-30, AF-1 to AR-1 PUD/AHO-PUD, R-30 PUD, R-15
PUD, R-15 PUD/AHO-PUD, AF-SKI, AH-PUD/AHO-PUD and Amending the Official County Zoning Map, Ordinance No. 97-31, recorded November 25, 1997 as Reception No. 411003; Resolution of the
Board of County Commissioners of Pitkin County, Colorado, Granting Detailed Submission, Planned Unit Development, 1041 Environmental Hazard Review, and Special Review Approval, to the
Aspen Highlands Village PUD, Resolution No. 97-167 recorded September 30 1998 as Reception No. 422629; Resolution No. 39 (Series of 1998) A Resolution of the City Council of the City
of Aspen, Colorado, Authorizing Execution of the "Agreement for Water Service Agreement" Relating to the Extension of Water Service to the Hines-Highlands Limited Partnership Property
recorded October 5, 1998 as Reception No. 422779; Resolution of the Board of County Commissioners of Pitkin County, Colorado, Granting Final Plat Approval to the Aspen Highlands Village
PUD, Resolution No. 98-79 recorded October 15, 1998 as Reception No. 423268; Resolution of the Board of County Commissioners of Pitkin County, Colorado, Approving the First Amendment
to the Aspen Highlands Village Planned Unit Development Guide Regarding Floor Area Definitions recorded August 25, 1999 as Reception No. 434844. 13. Agreement and Declaration of Special
Covenants, Conditions and Restrictions for Aspen Highlands Village as set forth in instrument recorded October 27, 1997 as Reception No. 409939. 14. Order of Inclusion, In the Matter
of the Aspen Consolidated Sanitation District, District Court, County of Pitkin, State of Colorado, Case No. 83-CV-170 as set forth in instrument recorded December 9, 1997 as Reception
No. 411462. Order Number: 949496 ALTA Commitment (6/17/06) – Schedule B 2 Page 3 of 5 15. Terms, conditions, obligations and provisions of City of Aspen, Raw Water Agreement, Irrigation,
as set forth in instrument recorded October 5, 1998 as Reception No. 422780. 16. Terms, conditions, obligations, provisions and easements of City of Aspen Water Service Agreement as
set forth in instrument recorded October 5, 1998 as Reception No. 422782. 17. Subdivision Improvements Agreement for the Aspen Highlands Village P.U.D. as set forth in instrument recorded
October 15, 1998 as Reception No. 423271. 18. Terms, conditions, obligations and provisions of Declaration for Aspen Highlands Village as set forth in instrument recorded October 15,
1998 as Reception No. 423272. 19. Terms, conditions, obligations and provisions of Residential Amenities Declaration for Aspen Highlands Village as set forth in instrument recorded
October 15, 1998 as Reception No. 423273. 20. Aspen Highlands Village Planned Unit Development Guide as set forth in instrument recorded October 15 1998 as Reception No. 423274, and
Amended Aspen Highlands Village Planned Unit Development Guide recorded February 6, 2001 as Reception No. 451240. 21. Aspen Consolidated Sanitation District Preconnection Agreement
as set forth in instrument recorded October 15, 1998 as Reception No. 423276. 22. System Agreement by and between the Aspen Consolidated Sanitation District and HinesHighlands Limited
Partnership, a Delaware Limited Partnership as set forth in instrument recorded October 15, 1998 as Reception No. 423277. 23. Terms, conditions, obligations, provisions and easements
of Highlands District Easement Agreement and Bill of Sale as set forth in instrument recorded October 15, 1998 as Reception No. 423281. 24. City of Aspen Easement Agreement (Water
and Tank) as set forth in instrument recorded October 15, 1998 as Reception No. 423283. 25. Trench, Conduit, and Vault Agreement as set forth in instrument recorded January 11, 1999
ass Reception No. 426421. 26. Terms, conditions, obligations, provisions, easements of Aspen Highlands Village, Aspen, Colorado, Final Draft-Detailed Submission Consolidated Plan Map
recorded October 5, 1998 in Plat Book 46 at Page 44 as Reception No. 423270. 27. Aspen Highlands Village: Detailed Submission Consolidated Plan as set forth in instrument recorded
October 15, 1998 as Reception No. 423269. 28. Easements, rights of way and other matters as shown and contained on Plat of Aspen Highlands Village PUD recorded October 15, 1998 in
Plat Book 47 at Page 1 as Reception No. 423275, and Order Number: 949496 ALTA Commitment (6/17/06) – Schedule B 2 Page 4 of 5 Amendment to Existing Block "G" Access and Utility Easement
recorded April 2, 2002 as Reception No. 465812. 29. Terms, conditions, obligations and provisions of 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 "Aspen Highlands Village PUD" Annexation, as set forth in instrument recorded May 1,
2000 as Reception No. 442835. 30. Easements, rights of way and other matters as shown and contained on Annexation Plat of the Aspen Highlands Village PUD recorded May 1, 2000 in Plat
Book 53 at Page 12 as Reception No. 442836. 31. Ordinance No. 36 (Series of 2000) An Ordinance of the City Council of the City of Aspen Approving the Initial Zoning of the Aspen Highland
Village PUD as set forth in instrument recorded November 28, 2000 as Reception No. 449207. 32. Grant of Easement by and between Hines Highlands Limited Partnership, a Delaware limited
partnership and the Water Department of the City of Aspen, a Colorado municipal corporation as set forth in instrument recorded May 13 2002 as Reception No. 467358. 33. Grant of Easement
to Aspen Highlands Commercial Metropolitan District recorded February 22, 2001 as Reception No. 451747 34. Notice of Approval recorded August 30, 2000 as Reception No. 446536 35.
Memorandum recorded August 30, 2000 as Reception No. 446537 and Notice of Approval recorded August 30, 2000 as Reception No. 446538. 36. Grant of Easement recorded February 14, 2001
as Reception No. 451463. 37. Reservation of any and all existing water, water structures and mineral rights to the grantor contained in the Deed from Hines Highlands Limited Partnership
recorded February 22, 2001 as Reception No. 451748. 38. Restrictive Covenant recorded February 22, 2001 as Reception No. 451749. 39. City of Aspen Easement Agreement Aspen Highlands
Village PUD and Ski Area recorded May 31, 2001 as Reception No. 454999. 40. Amendment to Existing Water and Tank Easement recorded April 2, 2002 as Reception No. 465813. 41. Grant
of Easement to Water Department City of Aspen recorded May 13, 2002 as Reception No. 467357. Order Number: 949496 ALTA Commitment (6/17/06) – Schedule B 2 Page 5 of 5 42. Sixth Supplement
To Residential Amenities Declaration recorded July 25, 2002 as Reception No. 470226. 43. Resolution recorded August 4, 2003 as Reception No. 487669. 44. Easements Agreement by Aqua
2322 Corporation and Thunder L2322 Corporation recorded April 14, 2010 as Reception No. 568619. STG Privacy Notice 1 (Rev 01/26/09) Stewart Title Companies WHAT DO THE STEWART
TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable
state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal
information. This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and its affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm-Leach-Bliley
Act (GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers
and driver' s license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business—to process transactions
and maintain customer accounts. In the section below, we list the reasons that we can share customers' personal information; the reasons that we choose to share; and whether you can
limit this sharing. Reasons we can share your personal information Do we share? Can you limit this sharing? For our everyday business purposes— to process your transactions and maintain
your account. This may include running the business and managing customer accounts, such as processing transactions, mailing, and auditing services, and responding to court orders and
legal investigations. Yes No For our marketing purposes— to offer our products and services to you. Yes No For joint marketing with other financial companies No We don' t share For
our affiliates' everyday business purposes— information about your transactions and experiences. Affiliates are companies related by common ownership or control. They can be financial
and nonfinancial companies. Our affiliates may include companies with a Stewart name; financial companies, such as Stewart Title Company Yes No For our affiliates' everyday business
purposes— information about your creditworthiness. No We don' t share For our affiliates to market to you Yes No For non-affiliates to market to you. Non-affiliates are companies not
related by common ownership or control. They can be financial and nonfinancial companies. No We don' t share We may disclose your personal information to our affiliates or to non-affiliates
as permitted by law. If you request a transaction with a non-affiliate, such as a third party insurance company, we will disclose your personal information to that non-affiliate. [We
do not control their subsequent use of information, and suggest you refer to their privacy notices.] Sharing practices How often do the Stewart Title Companies notify me about their
practices? We must notify you about our sharing practices when you request a transaction. How do the Stewart Title Companies protect my personal information? To protect your personal
information from unauthorized access and use, we use security measures that comply with federal and state law. These measures include computer, file, and building safeguards. How do
the Stewart Title Companies collect my personal information? We collect your personal information, for example, when you • request insurance-related services • provide such information
to us We also collect your personal information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other companies.
What sharing can I limit? Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances, we do not share your personal information in those
instances. Contact Us If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company, 1980 Post Oak Blvd., Privacy Officer, Houston, Texas
77056 Order Number: 949496 Order Number: 949496 Disclosures DISCLOSURES Order Number: 949496 Note: Pursuant to C.R.S. 10-11-122, notice is hereby given that: A. The subject real
property may be located in a special taxing district; B. A certificate of taxes due listing each taxing jurisdiction shall be obtained from the county treasurer or the county treasurer’s
authorized agent; C. Information regarding special districts and the boundaries of such districts may be obtained from the board of county commissioners, the county clerk and recorder,
or the county assessor. Note: Colorado Division of Insurance Regulations 3-5-1, Subparagraph (7) (E) requires that “Every title entity shall be responsible for all matters which appear
of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction
which was closed.” Provided that Stewart Title conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number
5 will not appear on the Owner’s Title Policy and the Lender’s Title Policy when issued. Note: Affirmative Mechanic’s Lien Protection for the Owner may be available (typically by deletion
of Exception No. 4 of Schedule B, Section 2 of the Commitment from the Owner’s Policy to be issued) upon compliance with the following conditions: A. 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 materialmen 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 unfiled mechanic’s and Materialmen’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. Note: Pursuant to C.R.S. 10-11-123, notice is hereby given: 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. This notice applies to owner’s policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. 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. Stewart Title DISCLOSURE
The title company, Stewart Title in its capacity as escrow agent, has been authorized to receive funds and disburse them when all funds received are either: (a) available for immediate
withdrawal as a matter of right from the financial institution in which the funds are deposited, or (b) are available for immediate withdrawal as a consequence of an agreement of a
financial institution in which the funds are to be deposited or a financial institution upon which the funds are to be drawn. The title company is disclosing to you that the financial
institution may provide the title company with computer accounting or auditing services, or other bank services, either directly or through a separate entity which may or may not be
affiliated with the title company. This separate entity may charge the financial institution reasonable and proper compensation for these services and retain any profits there from.
The title company may also receive benefits from the financial institution in the form of advantageous interest rates on loans, sometimes referred to as preferred rate loan programs,
relating to loans the title company has with the financial institution. The title company shall not be liable for any interest or other charges on the earnest money and shall be under
no duty to invest or reinvest funds held by it at any time. In the event that the parties to this transaction have agreed to have interest on earnest money deposit transferred to a
fund established for the purpose of providing affordable housing to Colorado residents, then the earnest money shall remain in an account designated for such purpose, and the interest
money shall be delivered to the title company at closing. CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument.
2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered
by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for
any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose
such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option
may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions
and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form
of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate
exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount
stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage
of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly
modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or
actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the
mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All
arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties.
You may review a copy of the arbitration rules at http://www.alta.org. All notices required to be given the Company and any statement in writing required to be furnished the Company
shall be addressed to it at P.O. Box 2029, Houston, Texas 77252.
0058.2011.ASLU/trans.jp.cityof aspen.082311.DOC Transmittal
Date: 23 Aug 2011
To: Jennifer Phelan
City of Aspen, Planner
From: Jeff Orsulak
Re: 420 Thunderbowl Lane
Via: Hand Delivery
_______________________________________________________________________
Jennifer,
Enclosed you will find:
Deposit for review application
Letter of authorized representative
Title Commitment
Completed Land Use application
Signed Fee agreement
Pre-application conference summary
Proposed PUD amendment plat
Approval letter from HOA.
Any questions, please call.
Thank you,
Jeff Orsulak
970/927-8473 x15
cc: file
Copy of 01.trans.dw.DOC Page 1 8/23/2011
LIPKIN WARNER DESIGN & PLANNING, LLC
701 East Valley Rd. , Ste.201
Basalt, Colorado 81621
T 970 927-8473
F 970 927-8487
L W
D P