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coa.lu.pu.Moore PUD insub.A07102
,J!) Moore Family PUD Insub. PUD Amend. 2735-141-11-109 A071-02 M lack G-4-7� l C'r COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 8161 " (970) 920-5090 City of Aspen Land Use: 1041 Deposit 1042 Flat Fee _ 1043 HPC 1046 Zoning and Sign Referral Fees: r 1 163 City Engineer 1205 Environmental Health 1190 Housing Building Fees: 1071 Board of Appeals 1072 Building Permit 1073 Electrical Permit 1074 Energy Code Review 1075 Mechanical Permit 1076 Plan Check 1077 Plumbing Permit 1078 Reinspection 1079 Aspen Fire Other Fees: 1006 Copy 1165 Remp Fee 1302 GIS Maps 1303 GIS Fee 1481 Housing Cash in Lieu 1383 Open Space Cash in Lieu 1383 Park Dedication 1468 Parking Cash in Lieu Performance Deposit 1268 Public Right-of-way 1 164 School District Land Ded. �- ` C. C TOTAL NAME: ADDRESS/PROJECT: PHONE: Y CHECK# �- CASE/PERMITi#: 7' # OF COPIES: DATE: ( i INITIAL: ? 0 0 CASE NUMBER PARCEL ID # CASE NAME PROJECT ADDRESS PLANNER CASE TYPE OWNER/APPLICANT REPRESENTATIVE DATE OF FINAL ACTION CITY COUNCIL ACTION PZ ACTION ADMIN ACTION BOA ACTION DATE CLOSED BY A071-02 2735-141-11109 Lot 9, Block G Moore Family PUD Building Envelope Adjus Lot 9, Block G Moore Family PUD James Lindt PUD Amendment Steve Crown Eric Smith 9/26/02 Approved- Plat Record 9/27/02 J. Lindt • • PARCEL ID: 12735-141-11109 DATE RCVD: 8/29/02 # COPIES: CASE NO A071-02 CASE NAME: Lot 9, Block G Moore Family PUD Building Envelope Adjustment PLNR: r PROD ADDR: ILot 9, Block G Moore Family PUD CASE TYPI PUD Amendment STEPSF OWN/APP: Steve Crown ADR 685 Ardsley Road C/S/Z: Winnetka/IL/60093 PHN: (312)899-5011 REP: Fc Smith ADR: 72 Spring St. C/S/Z: New York City/NY/1 PHN (212)334-3993 FEES DUE: 500 D 180 E FEES RCVD: 680 STAT: I REFERRALS REF:— BYJ� DUE: F— MTG DATE REV BODY PH NOTICED —`-- �`' I � 1 REMARKS CLOSED:1 BY: Iy PLAT SUBMITD: F PLAT (BK,PG): DATE OF FINAL ACTION:I CITY COUNCIL: PZ: BOA: DRAC. �— • 0 MEMORANDUM To: Bill Kane From: James Lindt, Planner j Date: September 4, 2002 Re: Lot 9, Block G, Moore PUD Building Envelope Adjustment - Community Development Department's Comments Please make the following changes to the Block 9 Plat: 1. Include a signed title certificate. 2. Change the name of Serviceberry Drive to Five Trees Lane (change approve per City Council Resolution No. 76, Series of 2001. 3. The City Engineer's signature block needs to be changed to read "Community Development Engineer". 4. Notary Stamps are required on the Mylars rather than on stickers attached to the Mylars. 5. Obtain all signatures with the exception of the City Community Development Director, Community Development Engineer, and Pitkin County Clerk and Recorder prior to submitting mylars to Community Development Department. 130 S. Galena St. Aspen CO 81611 (970) 920-5090 (970) 920-5439, fax To: Frank Visconti From: Sarah Oates, City Zoning Officer Fax: (212) 334-3339 Pages: Phone: Date: September 5, 2002 Re: Plat Revisions CC: ❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle • Comments: Attached are staff comments regarding the plat submitted for Lot 9, Moore PUD. I spoke with Bill Kane this morning and he asked that I pass the necessary revision along to you as he is out of town until next Wednesday. Please let me know if you have any questions. Thanks. 0 • MEMORANDUM TO: Plans were routed to those departments checked -off below: X ........... Community Development Engineer O ........... Zoning Officer O ........... Housing O ........... Parks Department O ........... Aspen Fire Marshal O ........... City Water O ........... Aspen Consolidated Sanitation District O ........... Building Department O ........... Environmental Health O ........... Electric Department O ........... Holy Cross Electric O ........... City Attorney O ........... Streets Department O ........... Historic Preservation Officer O ........... Pitkin County Planning FROM: James Lindt, Planner Community Development Department 130 So. Galena St.; Aspen, CO 81611 Phone-920.5095 Fax-920.5439 RE: Lot 9, Block G, Moore PUD DATE: August 30, 2002 COMMENTS: Please review and return comments by September 6, 2002. Thanks, James rI 0 vul (j r/ - �� R �- A. ( +�e_ (f-4_0 Cq FIGURE ENG-1: SURVEY PLAN REQUIREMENTS Except where noted, the survey plan requirements apply both to (1) surveys that accompany building plans and (2) condominium plats. e Survey type; as requested by Client urveyor's name address and phone number /,/Su vey performed or verified within the last 12 months t�5urveyor's certificate with the signature and stamp. (Certificate language must include that the error of closure is better than 1:10000.) t✓ fide boundary of the property. Bearings and distances with the bearings read clockwise. :/Description of all monuments that were found or set. �t size ✓Sc le and north arrow !/Legend of symbols ✓5��of Bearings Survey tied to USGS, NGS or local government monument system. �Ri ht-of-way width ic/Property access to public right-of-way —� Label private roads, called out as open or closed Name and date of documents represented by survey. At a minimum, title information is required. V-�Setbacks and building restrictions —Overlaps and gores along the exterior of the boundaries. Explain how they were found. %✓/�p� All improvements within five feet of the property boundaries. �✓�0 Building location with ties. Show and reference easements and right-of-ways of record. Provide reception number for easements. Record all property descriptions used on the plat. • Note if an easement or right-of-way cannot be located. Any encroachments into the R.O.W. reception numbers provided for encroachments denoting that an encroachment license exists. Site topography at 2-ft contour intervals (surveys with bldg plans only) ,,/If applicable, a slope analysis differentiating between 20-30% slope areas and 30% slope areas Driveways and roads. Ponds, springs, rivers, cemeteries, etc. z/ Index of sheets if multiple plan sheets. Include match lines. Water boundary survey method and date with note of caveat. Snow and Trash Storage Areas. ,/Vicinity Map (may be placed on other page of plan set.) �� Trees: If required by Parks Dept - location, species, and trunk diameter at 4-1/2 ' from the ground / ' (surveys with bldg plans only) CERTIFICATES AND SIGNATURE BLOCKS ON CONDOMINIUM PLATS Owner's Certificate with owner's signature and notary. City Council Approval with signatures of Mayor and City Clerk (Only on PUD or subdivision plats) City Engineer Approval Surveyor's Certificate with signature and stamp of Surveyor Community Development Approval with signature of Com-Dev Department Director Clerk and Recorder's Acceptance with signature of Clerk and Recorder Title Certificate with signature of title company President Legal Description of Parcel(s) Easement Description(s) (utility, access, drainage, open area, etc.) Plat Notes including this note NON -CONFORMING USES - CONDOMINIUMS: City approval of this condominium map does not grant any right to continue any non -conforming installation of features or improvements nor approve any existing or future encroachments. 3 0 15 August 2002 City of Aspen Community 130 Galeana Street Aspen, CO 81611 ERIC J. SMITH ARCHITECTS Professional Corporation Development Department To Whom It May Concern: We propose to amend the location of the building envelope on Lot 9, Block G, in the Moore Family PUD. This is necessary for the following reasons: 1. The access easement for Lot 8, which was amended February 13, 2001 (see B.56, P.62), cut through the original Lot 9 building envelope. 2. The access and sewer easement that extended from Serviceberry Drive is now only a sewer easement and no longer provides access to Lot 8 and 9. Our proposal is to relocate the Lot 9 building envelope away from the Lot 8 access easement while maintaining the square footage of the original easement. By vote of the property owners, approval was granted by the Five Trees Design Review Board. This letter is attached. We reviewed this with Sarah Oates, City Zoning Officer, who informed us that this proposal would be considered an "Insubstantial Amendment" on April 10, 2002. Thank you, Frank Visconti, A.I.A. cc: EJS 72 SPRING STREET, SEVENTH FLOOR, NEw YORE, N.Y. 10012 (2I2) 334-3993 PHONE (2I2) 334-33.39 FAX APR-10-2002 WED 09:05 AN FAX NO P. 03 LAND USE APPLICATION PROJECT: Name: Mr. & Mrs Steve Crown Residen�P LoCati011: Lot 9, Block G, Moore Family P iI D (Indicate street address, lot & block number, legal description where appropriate) APPLICANT: Name; Mr. Steve Crown Address: 685 Ardsley Road Winnetka.IL 60093 Phone#: 312-899-5011 REPRESENTATIVE: (contact: Frank Visconti) Name: Eric J Smith, Architects Address: 72 Spring Street, New York NY 10012 Phone -PI-: 212-334-3993 TYPE OF APPLICATION: (please check all that apply): ❑ Conditional Use ❑ Conceptual PUD ❑ Conceptual Historic Devt. ❑ Special Review' ❑ Final PUD (& PUD Amendment) ❑ Final Historic Development ❑ Design Review Appeal ❑ Conceptual SPA ❑ Minor Historic Devt. ❑ GMQS Allotment ❑ Final SPA (& SPA Amendment) ❑ Historic Demolition ❑GMQS T xemption ❑ Subdivision ❑ Historic Designation ESA - 8040 Cireenline, Stream ❑ Subdivision Exemption (includes ❑ Small Lodge Conversion/ Markin. Hallam Lake Bluff condominiwnization) Expansion Mountain View Plane ❑ Lot Split ❑ Temporary Use © Other: ❑ Lot Line Adjustment ❑ Text/Map Amendment Administrative EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) PROPOSAL: (description of proposed buildings, uses, modifications, etc.) Revision of din2 envelope, Have you attached the following? FEES DUE: S 680.00 ® Pre -Application Conference Summary Attaclmient #I, Sinned Fee Agreement ❑ Response to Attachment #2, Dimensional Requirements Fomt ❑ Response to Attachment #3, Minimum Submission Contents ❑ Response to Attachment #4, Specific Submission Contents ❑ Responsc to Attachment #5, Review Standards for Your Application 04/19/02 09:59 FAX 2123343339 IM002 OR-10-2002 VED 09:06 AM • FAX N0.0 P. 06 ASPEN/PITKIN COMMUNITY DEVIRLOPMENT DEPAitTMEiNT ureement for Payment of City o! Aspen Ucvclo ment A licaition Fees CITY Or A;3PRN (hereimifterCITY) and Mr. Steve Crown �••- (hereinaftcr ,AYPLICANT) AGREE AS FOLLOWS. 1. APPLICANT has submitted to CITY an application for Mr. & Mrs. Steve Crown Residence (hereinafter: FI19 PROJECT)- 2- APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 200.0) establishes :i fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3_ APPIACANT and CITY agree that because of tho size, nature or scope of the proposed project, it is not posEil:)lo at this time to ascertain the full extent of the costs involved in processing the application. Appl,iCA'S1' and CiTY further agree that it is in the Interest of the parties that APPLICANT make payment of an initial dope: it and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis, APPLICAI`i'f agrees additional costs inay accrue following their iiotarings and/or approvals. APPLICANT agrees lie will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CI"IY when they are necessary as costs arc incurred. CITY agrees it will be benowd through the grater cenainty of recoverilL11 its full costs to process APPLICANT'S application_ 4, CITY and APPLICANT further agree that it is impracticable for CITY staff to uoroplete processing or present sufficient utformation to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in fall prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ 680. 00 which is for ,_(Flat Feel)ours of Community Development staff time, and if actual recorded cysts exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CI 1'Y i'cr the processing of the application mentioned above, including post approval review at a rate of'$203.00 per planner hour over the Initial deposit. Such periodic payments shall be made within 30 days of the billing date_ APPLICA:�:T further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building pennits be issued until stli costs associated with case processing hava been paid - CITY OF ASPEN APPLICANT r. teve Crown Juti+: Ann Woods Aril 9 2002 Contimunity Development Director Date: p„ _.. Mailine Address: c/o Tric J. Smith Architects 72 Spring Street, 7th Floor New York, NY 10012 Attn.: Mr. Frank Visconti g:lsuppo r l\forms\agrpayas.d oc 1/10/01 04/02/02 TUE 15:26 FAX 9709256243 LAND TITLE ASPEN 10001 • COMPANY: FAX TRANSMITTAL ATTENTION: -F/'-c-z 4 ?< PHONE: FAX: FROM: LAND TITLE GUARANTEE COMPANY - ASPEN TOM SCHUNEMAN PHONE: 970-925-1678 FAX: 970-925-6243 NUMBER OF PAGE(S) lG INCLUDING COVER ADDITIONAL. INFORMATION: i /5 Ail .v�. / / /.%1 ✓. LI / 04/02/02 TUE 15:26 FAX 9709256243 •. LAND TITLE ASPEN 0 10002 Date: 04-02-2002 Property Address: ASPEN, CO 81611 ASPEN SIQING COMPANY P.O. BOX 1248 ASPEN. CO 91612 Attn: BILL KANE Phone: 970-923-8751 CopicB: 1 Scnt via US Puclx4 Service Form DELIVERY Land Title Guarantee Company CUSTOMER DISTRIBUTION Our Order Number: Q382960-2 04/02/02 TUE 15:26 FAX 9709256243 LAND TITLE ASPEN Land Title Guarantee Company YOUR CONTACTS Date: 04-02-2002 Property Address: ASPEN, CO 81611 Buyer/Borrower: Seller/Owner: A. STEVEN CROWN AND NANCY C. CROWN Our Order Number: Q382960-2 *4: 1:-c:r "* * *:%1;4;* * At At A,**** ** * **-":P * * *** * * Note: Once an original commitment has been issued, any subsequent modifications will be emphasized by underlining or comments. -* 11; zv tv* 91 *At-+ -It 47 A, *** 4! * -** ** 4: -1. **: F` 4; * * * *-**-t * * *-P;P 4:* * *-.*--+ tt, d-'*:P-4; It' you have any inquiries or require furtlier assistance, please contact one of the numbers below: For Closing Assistance: For Title Assistance: Aspen Title Dept. Torn Schunein.Ln 533 E. HOPKINS#] 02 ASPEN, CO 81611 Phone: 970-925-1678 Fax: 970-925-6243 EMail: tsc'huTienmn0ltgc.co.M Need a map or directions for your upcoming closing? Check out Land Title's web site atwww.ltgc.com fur directions to any, of'our 40 office locations. Form CONTACT THANK YOU FOR YOUR ORDERI 16003 U4/UZ/UZ flit; 15:Z'1 r'AA a'/UVZOU243 LAND TITLE ASPEN Z 004 Old Republic Nadonal Title lir ranee Company ALTA COMMITMENT Our Order No. Q382960-2 Schedule A Cust. Ref.: Property Address: ASPEN, CO 81.611 1. Effective Date: February 28, 2002 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: "TBD" Conunitm.eni Proposed Insured: 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: A. SI'EVEN CROWN AND NANCY C. CROWN S. The land referred to in this Commitment is described ws follows: LOT 9. BLOCK G, THE MOORE FAMILY PUD A PLANNED COMMUNITY ACCORDING TO THE :PLAT THEREOF RECORDED AUGUST 10 1998 IN PLAT BOOK 45 AT PAGE 81 AND THE AMENDED PLAT RECORDED FEBRUARY 14 2001 1N PLAT BOOK 56 AT PAGE 62 UNDER RECEPTION NO, 451473. COUNTY OF PITKIN STATE OF COLORADO 04/02/02 TUE 15:27 FAX 9709256243 LAND TITLE ASPEN loli0.5 ALTA COMMITMENT (Requirements) Our Order No. Q382960-2 The following are the requirements to be complied with - Payment to or for the accowit of the grantors or mortgagors of dle full consideration for th(Z estate or intUest to be t 77.S111'ed. Proper instrumen(s) creating the estate or interest to be insured Taus[ be executed and duly filed for record. to -grit: THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. 04/02/02 TUE 15:27 FAX 97U9256243 • LAND TITLE ASPEN • 160U6 ALTA COMMITMENT (Exceptions) Our Order No, Q382960-2 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: I. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easemcn.ts, not shown by the public records_ 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises 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 aa.d not shown by die 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. Taxes and assessments not yet due or payable and special assessments not yet certified to the Treasurer's office. 7. Any unpaid taxes or assessments against said land. S. Liens for unpaid wUter and sewer charges, if any. 9, RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HTS ORE THEREFROM SHOULD TILE SAME BE POUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 06, 1890, IN BOOK 55 AT PAGE 9, RECORDED JANUAR.Y 19, 1892 IN BOOK 55 AT PAGE 20, RECORDED NOVEMBER 29, 1892 IN BOOK 55 AT PAGE 34, AND RECORDED AUGUST 26, 1911 IN BOOK 55 AT PAGE 191 10. TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS AND RESTRICTIONS AS CONTAINED IN RESOLUTIONS BY THE BOARD OF COUNTY COMMISSIONERS OP PITKIN COUNTY, COLORADO, RECORDED AS FOLLOWS: A. RESOLUTION NO. 95-9 RECORDED FEBRUARY 15, 1995 IN BOOK 774 AT PAGE 50_ B. RESOLUTION NO. 95-173 RECORDED OCTOBER 27, 1995 IN BOOK 797 AT PAGE 922 C. RESOLUTION NO. 9.5-30 RECORDED NOVEMBER 9, 1.995 IN BOOK 799 AT PAGE 150 AND RECORDED OCTOBER 25, 1996 UNDER RECEPTION NO. 398334. D. RESOLUTTON NO, 97-75 RECORDED MAY 8, 1997 UNDER RECEPTION NO. 404234. E. ORDINANCE NO. 97-13 RECORDED JUNE 10, 1997 UNDER RECEPTION NO. 405216, F. RESOLUTION NO. 98-57 RECORDED APRIL 7, 1998 UNDER RECEPTION NO. 41,5352. U4/Uzi Uz 1Uh 15: z 1 r:y_k U r UVZOUZ43 LAND TITLE ASPEN 1&007 ALTA COMMITMENT (Exceptions) Our Order No_ Q382960-2 The policv or policies to he issued .will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 11. TERMS, CONDITIONS, AND PROVISIONS OF SUBDIVIDER'S AGREEMENT RECORDED AUGUST 1.0. 1998, UNDER RECEPTION NO. 420468. 12. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, AS CONTATNED IN MASTER DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR THE MOORE FAMILY PUD, A PLANNED COMMUNITY, RECORDED AUGUST 10, 1998 UNDER RECEPTION NO. 420466, 13. DESIGNATION OF SUCCESSOR AND ASSIGNS OF DECLARANT RIGHTS RECORDED AUGUST 11, 1998 UNDER RECEPTION NO. 420552, 14, EASEMENTS RIGHTS OF WAY AND OTIiER MATTERS AS SET FORTH ON THE PLAT OF THE MOORE FAMILY P.U.D.. A PLANNED COMMUNITY RECORDED AUGUST 10 1998 IN PLAT BOOK 45 AT PAGE 81 AND THE AMENDED PLAT RECORDED FEBRT.JARY 14 2001 IN PLAT BOOK 56 AT PAGE 62 UNDER RECEPTION NO. 451473, 15. TERMS, CONDITIONS AND PROVISIONS OF MASTER DEED RESTRICTIONS FOR AFFORDABLE HOUSING RECORDED AUGUST 11, 1998 UNDER RECEPTION NO. 420489. 16. TERMS, CONDITIONS AND PROVISIONS OF MOORE PUD PLANNED UNIT DEVELOPMENT GUIDE RECORDED AUGUST 10, 1998 UNDER RECEPTION NO. 420467, 17. TFRMS, CONDITIONS .AND PROVISIONS OP ORDINANCE NO.20, SERIES OF 1997, RECORDED AUGUST 11. 1998 UNDER RECEPTION NO. 420479. 18. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 98-40 RECORDED AUGUST 11, 1998 UNDER RECEPTION NO. 420480. 19. TE•RMS, CONDITIONS, PROVISIONS, EASEMENTS AND RIGHTS OF WAY AS SET FORTH IN CITY OF ASPEN WATER SERVICE AGREEMENT AND ADDENDUM THERETO RECORDED AUGUST I I, 1998 UNDER RECEPTION NO. 420481 AND RECORDED AUGUST 11, 1998 UNDER RECEPTION NO, 420482, 20. TERMS, CONDITIONS, PROVISIONS, EASEMENTS AND RIGHTS OF WAY .AS SET FORTH IN 04/02/02 TUB 15:28 FAX 9709256243 LAND TITLE ASPEN 10008 ALTA COMMITMENT (Exceptions) Our Order No. Q382960-2 The policy ur policies to be issued will contain exceptions to the following unless the same are disposed of' to the satisfaction of the Company: CITY OF ASPEN RAW WATER AGREEMENT RECORDED AUGUST 11, 1998 UNDER RECEPTION NO, 420485. 21. TERMS, CONDITIONS, PROVISIONS, EASEMENTS AND RIGHTS OF WAY ASSET FORTH IN CITY OF ASPEN PRETAPPTNG AGREEMENT RECORDED AUGUST 11, 1998 UNDER RECEPTION NO. 420486. 22. TERMS, CONDITIONS, PROVISIONS, EASEMENTS AND RIGHTS OF WAY ASSET FORTH IN COLLECTION SYSTEM AGREEMENT RECORDED AUGUST 11, 1998 UNDER RECEPTION NO. 420487. 23, TERMS, CONDITIONS, PROVISIONS, EASEMENTS AND RIGHTS OF ,WAY AS SET FORTH IN CITY OF ASPEN PRECONNECTION AGREEMENT RECORDED AUGUST 11, 1998 UNDER RECEPTION NO, 420488. 24, MEMORANDUM OF UNDERSTANDING BETWEEN THE JAMES E. MOORE FAMILY PARTNERSHIP. LLLP, AND ASPEN SC1400L DISTRICT REGARDING AFFORDABLE HOUSING RECORDED At!GUST Ii, 1998 UNDER RECEPTION NO. 420491. 25. EASEMENT AGREEMENT (UTILITY AND DRAINAGE) BETWEEN THE JAMES E. MOORE FAMILY PARTNERSHIP, LLLP, AND THE ASPEN SCHOOL DISTRICT RECORDED AUGUST 11, 1998 UNDER RECEPTION NO. 420477. 26. EASEMENT FOR WATER LINES AND RELATED PURPOSES GRANTED BY TAE JAMES E. MOORE PAN41LY PARTNERSHIP, LLLP, TO THE CITY OF ASPEN, RECORDED AUGUST 11, 1998 UNDER RLC:EPTION NO. 420478. 27. TERMS, CONDITIONS AND PROVISIONS OF TRENCH, CONDUIT AND VAULT AGREEMENT RECORDED JANUARY 11, 1999 AT RECEPTION NO. 426420. 28. TERMS, CONDITIONS, PROVISIONS AND EASEMENTS AS SET FORTH IN AGREEMENTS RECORDED FE-BRUARY 08, 1999 UNDER RECEPTION NO. 427473, RECORDED FEBRUARY 8, 1999 UNDER RECEPTION NO. 427474, RECORDED FEBRUARY 8. 1999 UNDER RECEPTTON NO. 427475, RECORDED FEBRUARY 8, 1999 UNDER RECEPTION NO, 427476 AND RECORDED FEBRUARY 8, 1999 UNDER RECEPTION NO. 427477, 04/02/02 TITE 15:28 FAX 9709256243 LAND TITLE ASPEN ALTA COMMITMENT (Exceptions) Our Order No. Q382960-2 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: 29. MECHANIC'S LIEN AS EVIDEN'C.'ED BY STATEMENT OF URBAN DESIGN GROUP, INC. IN THE AMOUNT OF $183,428.16 RECORDED JANUARY 22, 2002, UNDER RECEPTION NO. 463085. 04/02/02 TUE 15:28 FAX 9709256243 LAND TITLE ASPEN LAND TITLE GUARANTEE COMPANY DISCLOSURE STATEMCNTS Note: Pursuant to CRS 10-11-122, uotice is hereby given that: A) The subject real property may be located in a special taxing district. B) A Certificate of Taxcs Due listing each taxing jurisdiction may be obtain from the County Treasurer's authorized agent. C) The information regarding special districts and die boundaries of such districts may be obtained frown the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1., 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom martin of at least one. half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for t1le top margin shall not apply to documents using forms on which space is provided for recording or tiling information at the top margin of the document. Note: Colorado Division of inbnrance Regulations 3-5-1, Paragraph C of Article V11 requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible For recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conduces the elosi.zrg of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note; Affit-roative mechanic's lien protection for the Owner may be available; (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitnient from the Owner's Policy to be issued) upon compliance with the following conditions: A) The land described in Schedule A of this commitment roust 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 constriction on the land described in Schedule A of this Commitment within the past 6 months. C) The Company must receive an appropriate affidavit indemiti fying the Company against un-tiled mechanic's and material-men's liens. D) The Company roust receive payment of the appropriate premium. F_) 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, die 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 satisractory to the company, and, any additional requirement, 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 co7itracted for or agreed to pay. Note; Pursuant to CRS 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, nr gL-Othemial energy in the property; and B) That such nUneral estate may include the right to enter and use the property without the surface owner's permission. This notice applies to owner'; policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. Nothing herein comiined will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. Form DISCLOSURE 04/02/02 TUE 15:29 FAX 9709256243 LAND TITLE ASPEN Ob r.� Im JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY AND LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATiONA:L TITLE INSURANCE COMPANY Title V of Aie Gramni-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic 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 Bate€ones of persons or entities to whom it may be disclosed. In compliance with the: GLEA, we are providing you with this document, which notifies you of the privacy policies and practices of Land Title Guarantee Company and Land Title Insurance Corporation and Old Republic National Title Insurance Company. We may collect nonpublic personal information about you from the following sources: Informutiva we receive from you such as on applications or other forms. information about your transactions we secure from our files, or from our affiliates or others. information we receive from a conSumcr 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 c:olleeted about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates OT to nonaffiliated third parties as permitted by law. We altio may disclose this information about our CUMIIIer; or former customers to the following types of uonaffliuted 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 finanee, securities and insurance. Non -financial companies such as envelope stuffers and other fulfillment service providers. WE DO NOT DTSCLOSE 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 eraploycus who need to know that h6ormation 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. form PRiV,POL.0RT AUG-15 - 2002 10 : 14 FROM: • TO : 2123343339 P . 002100—r-, I . 10 F I V E R 71.5 W-MAIN ST. Suri v 304 ASPEN, CO 81611 May 27, 2002 E S (970) 925-347S FAX (970) 925-4754 Frank Visconti Eric J. Smith Architects 72 Spring Street, 7`h Floor New York, NY 10012 Re: DRB Voter Approval for Building Envelope Modification, Single Family Lot 9 Dear Mr. Visconti: Thank you for your patience regarding the approval of the modification to the Building Envelope can Lot 9, FiveTrees. Pursuant to the Master Declaration of the Covenants, Conditions and Restrictions for the MFPUD Section 20.4, a mail ballot vote was conducted and more thar. the required 67% approval of the total membership of the Moore Family PUD Master Association was granted. This letter serves to inform you that your request for building envelope modification has been approved. Thank you again for your patience. If you have any questions, please contact me at (970) ')25- 3475. Sincerely, 6� Pam Motley for the FiveTrees Design Review Board 0209d SF 9 approval.05.27.02 Old Snowrno•e • pad Gateway to• Srrow— 9 WFIrIE RIVER NATIONAL FOREST IINI• Elk Croak • Watson • DMd Lary O Ranch Aspen Vllla O� Woody cro r j f yf 9 ShI•1d 0 M... Wldeat Ranch Cory Point t, Rid9 h Cn ek .S,_., I" O So n.w• L . w .1 ,R.101 . • ar aid IN Red AK • Sid Subdlvhbn Wed ' •Soma Village Pi 1 Knob Burnt AIL WHITE RIVER NATIONAL FOREST SZtP. u Sid Ana 4 ,Vicinity flap ./V. F. S. . Legend 0 Indicates set monument, 15 rebor and red plastic cap, L.S. 20133. Indicates found SLY monument BASIS of BEARING The record bearing between the southeast comer and the south 114 of Section 11 T IO S., R. 85 W. 6th P.M., is N 895548" W as shown on the 1978 BLM Dependent Resurvey of said township recorded at Pitkin County, Colorado. The tie between the Northwest corner of Lot 9 and the NE 1116 of Section 14 is for the informational use of the City of Aspen. This tie in no way supersedes the Plat of Record of the Moore Family PUD, recorded August 10, 1998, in Plot Book 45, at Page 81. LINE, TABLE LINE LENGTH BEARING Ll 17.71 S80'39'46'W L3 18,18 N49.41'36'E CURVE TABLE CURVE RADIUS LENGTH TANGENT CHORD I BEARING DELTA C, 20.50' 24. 18' 13.72' 22.80' N46 52 23 E 67'34 46" C2 57.50' 16.46' 8.29' 16.41' S722737W 1624'17" C3 130.00' 177.47' 105.69' 164.01' S49'1829 E 78'13'11" C4 215.00' 1 68.00' 34.29' 67.71 ' N82'31 'l8'E 18'07'1.5" C5 350.00' 507.15' 309.77' 463.93' S412458 W $3"01'18" C6 350.00' 52.99' 26.54' 1 2.94' S44'4501 E 1 8.4026" GRAPHIC SCALE 50 O 25 - 50 100 200 ( IN FEET ) 1 inch = 50 M / I BLM NE V16 ` BRASS SEC. 14 CAP TIDE, R85W Notice: According to Colorado Law, you must S C H M U ES E R GORDON M EYE R commence any legal action based upon any defect in this survey within three years after 1 18 W. ETH STREET, SUITE 200 1(970) you first discover such defect. In no event may any legal action boned upon any defect in this survey be commenced more than ten years from the date of the certification shown SCHMUESER I hereon' ENGINEERS GLENWOOD SPRINGS, COLORADO 8 1 1 945- 1 004 FAX (970) 945-5948 GORDON I MEYER ASPEN, COLORADO (970) 925-6727 5: SURVEYORS E-mail: survey@sgm-inc.com I 7 g+'e � e� 1 • A11'1Y E1 dJEdJ PLA ®d ' LOT 9, BLOCK G, THE MOORE FAMILY P. U.D. i This plat amends the building envelope, access, water and sewer easements on Lot 9, Block "G" THE MOORE FAMILY P. U.D., A IYANNE!D COMMUNITY recorded at Book 45 at Page 81, in the Office of the 1J. tkin County Clerk and Recorder. CER77FICA77ON OF DEDICATION AND OWNERSHIP ZOOM FLUME, LLC, A DELAWARE LIMITED LIABILITY COMPANY IS 77-IE OWNER OF CERTAIN LANDS IN PITKIN COUNTY, COL ORAD0 LOCATED WITHIN THE MOORE FAMILY PUD ACCORDING TO THE PLAT THEREOF RECORDED ON AUGUST 10, 1998 /N PLAT BOOK 45 AT PAGE 81, AND THE :rIRST AMEND PLAT OF THE MOORE FAMILY P.U.D." RECORDED ON w Th ?,,,,:--1999-IN-PLAT BOOK S. AT PAGEUk*!!�VMESCRIBED AS FOL-OWS LOT5 9 and 28, BLOCK G,• ,me-jr_o1-- - ZOOM FLUME, LLC /S THE SUCCESSOR AND ASSIGN OF THE DECLARANT AS PROVIDED IN 77-IE FINAL PLAT AND THE MASTER DECLARATION OF COVENANTS, CONDITION, AND RESTRICTIONS RECORDED ON AUGUST 10, 1998 AS RECEPTION NO. 420466 (-DECLARATION). PURSUANT TO THE DECLARATION AT ARTICLE Xlll- ? 'DECLARANTS RESERVATION OF RIGHTS", ZOOM FLUME LLC, A DELAWARE L/M1TED LIABILITY COMPANY AS SUCCESSOR AND ASSIGN TO THOSE DECLARANT - RIGHTS, DOES HEREBY EXECUTE AND RECORD THIS FIRST AMENDED PLAT FOR THE FOLLOWING PURPOSES: f / LOT 9: (A) ADJUST THE BUILDING ENVELOPE ON LOTS 9, BLOCK G; (B) AMEND THE SEWER EASEMENT 1N LOT 9, BLOCK G, (C) AMENDED ACCESS EASEMENT FOR THE BENEFIT OF LOT 8. t (0) ADDED 20' WATER AND SEWER EASEMENT FOR THE BENEFIT OF LOT 8. (C) ADDED ACCESS EASEMENT FOR THE BENEFIT OF LOT 28. THE AMENDMENTS DO NOT AFFECT LOT SIZE OR BUILDING ENVELOPE 1 AS SHOWN ON THE PLAT OF THE MOORE FAMILY PUD RECORDED ON AUGUST 10, 1998 /N PLAT BOOK 45 AT PAGE 81. Executed this — $ day of _Rb _ _, 2001. ---- I ZOOM FLUME, L.L.C, 1 a Delaware limited liability company, by HINES INTERESTS LIMITED PARTNERSHIP, a Delaware limited partnership, as Managing Member, by HINES HOLDINGS, INC., a Texas corporation, as General Partner 1 1 to Br _-_ C�� �� 1 Robert E. Daniel, Jr.; Vice President THE MOORE FAMILY PUU MAS tER 4s5ocjA nDN, INC, A COLORADO NON PROFIT CORPORATION f 1 f • 1 -- ------ Veom�ero, I President THE MOORE FAM OPEN/ SPACE SURVEYOR'S CERTIFICATE /, Stephen L. Ehlers, a duly registered Professional Land Surveyor in the State of Colorado, do hereby certify that this "AMENDED PLAT OF LOT 9, BLOCK C THE MOORE FAMILY PUD" correctly represents the results of a survey made under my direct responsibility, supervision and checking, which survey was prepared in accordance with Article 51 77tle 38 of the Colorado Rev%sPd St -fates, .md the` this PI.tl oonlain; on i-;e .' information reguir_d :,y Colorado R y.�rAdSt6tutes 38-33..3-209. Survey precision is greater tha��rr!p O�idtf+.,,Fielsziivey was completed-72�19j 99. �o Z ORA' +REGISTERED PRO h"ESSIONAL LAND URyI EYOR NO. 20133 gyp •••.... �R�y STATE OF-yJOYaJQ_ ) i Community Development Director Approval COUNTY OF approved ) s) Amended Plat of Lot 9, Block G, The Moore Family P.U.D. has been approved by_the Community Development_Jirector of the City of Aspen, Colorado, this--L__ty— _-7fi - The foregoing instrument was acknowledged before me this _ 8— day le-ly zi ----- day of 2001. of 2001, by ZOOM FLUME, L.L.C, a Delaware limited liability company, by HINES INTERESTS LIMITED PARTNERSHIP, a Delaware limited partnership, as Managing Memiier, by HINES HOLDINGS, INC, a Texas corporation, as General Partner, by Robert E. Daniel, Jr. __ as Vice President. JUI nn Woods, Director 1 W77NESS my hand and official seal J$L1C My commission expiresQ,:..........� l [SEAL] Q j���6P� ; o i I. j o`. k,Q 0 0 • • • • Zl OOP ;io CITY ENGINEERS APPROVAL - -g-------- �'• -' ofary Publi STg7E of Amended Plat of Lot 9, Block G, The Moore Family P.U.D. has been approve b the City of Aspen DepartmQnt of Engineering this _—��_— day of % _____ 2001. 3p.00, STATE- OF-Sr�Qta�_ ) 00, \\\ � ) s� -- ---- COUNTY OF -pk;City Engineer \ The foregoing instrument was acknowledged before me this _--9day febnw* \ of 2001, by THE MOORE FAMILY PUD MASTER ASSOCIATION, INC, A COLORADO NON \ PROFIT CORPORA770N, by Dwayne Romero, Jr. as President. 111 W7)NESS my hand and of6ciol seal My commission expires _ �OSZJ_ QV.gLlc hereby ce ify that 'Amended Plat of Lot 9, Block G the Moore Family P�t",.� [SEAL] �:. ' �\ PUD" r.•os occep� for recording .in the office of the Clerk and Recorder of Pitkin County, 4�0GP ; o this _� do of _'� , t� o. \ a y�__, 2001 and is duly recorded in Plat Book r j. at Page �Z as Reception No. _ � L'-C� 3 in the Records of 11 t r �. 1 ` ��� : • o� Pitkin County, Colorado. %1111, a* ofary Publi S1�rE of `"' ,.•• •- t PITKIN COUNTY CLERK AND RECORDER L�j j j n l P. v• L• NUM- BER REVISION DATE BY AMENDED PLAT LOT 91 BLOCS G Job No. 93205A-31 Drown by.• DCW Dote: 2-06-2001 of - Approved. file: moore-op.dw u Indicates found monument, 15 rebor and red plastic cap, L.S. 20133. Indicates found BLM monument. BASIS of BEAR/NG The record bearing between the southeast comer and the south 114 of Section 11 T. 10 S., R. 85 W. 6th P.M., is N 8955 48' W as shown on the 1978 BLM Dependent Resurvey of said township recorded at Pitkin County, Colorado. The tie between the Northwest corner of Lot 9 and the NE 1116 of Section 14 is for the informational use of the City of Aspen. This tie in no way supersedes the Plat of Record of the Moore Family PUD, recorded August 10, 1998, in Plat Book 45, at Page 81. LINE TABLE LINE LENGTH BEARING L 1 17.71 5803946 "W L2 18.18 N49`4736'E CURVE TABLE CURVE RADIUS LENGTH TANGENT CHORD BEARING DELTA C1 20.50' 24.18' 13.72' 22.80' N46°5223'E 67°3446" C2 5750' 76.46' 3.29' 16.41' S722737"W 1624'17" C3 130.00' 177.47' 68.00 105.69' 164.01' S49'1829'E 78°13'11" C4 215.00' 34.29' 67.71' N82°31'18'E 18°07'15" C5 350.00' 507.15' 309.77' 46393' S412458'w 83°01"8" C6 350.00' 52.99' 26.54' 1 52.94' 1 S44-45'01'E t F,46�1 6" GRAPHIC SCALE 50 0 25 50 100 200 ( IN FEET ) I inch = 50 ft. 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 dote of the certification shown hereon. BLM NE V / 5 BRASS SEC. 14 CAP T IOS, R35W 7w" 'C' ;�: �NA SECOND AMENDED PLA T OF L OT 91 BL OCK G, THE MOORE FA MIL Y P. U. D. This plat amends the building envelope on Lot 9, Block "G" THE MOORE FAMILY P. U.D. , A PLANNED COMMUNITY recorded at Book 45 at Page 81, in the Office of the Pitkin County Clerk and Recorder. CER 77FICA 77ON OF DEDICATION AND OWNERSHIP A. S7EVEN CROWN AND NANCY C. CROWN IS THE OWNER OF CERTAIN LANDS IN P/TK/N COUNTY, COLORADO LOCATED WITHIN THE MOORE FAMILY PUD ACCORDING TO 774E PLAT THEREOF RECORDED ON AUGUST 10, 1998 /N PLAT BOOK 45 AT PAGE 81, AND 77-IE 'FIRST AMENDED PLAT OF 774E MOORE FAMILY P.U.D." RECORDED ON FEBRUARY 14, 2001 /N PLAT BOOK 56 AT PAGE 62, DESCRIBED AS FOLLOWS. LOT 9 A. S7EVEN CROWN AND NANCY C. CROWN DOES HEREBY EXECUTE AND RECORD THIS SECOND AMENDED PLAT FOR THE FOLLOWING PURPOSES: (A) ADJUST THE BUILDING ENVELOPE ON LOT 9, BLOCK G, MOORE FAMILY PUD; THE AMENDMENTS DO NOT AFFECT LOT SIZE OR EASEMENTS AS SHOWN ON 7HE PLAT OF THE MOORE FAMILY PUD RECORDED ON AUGUST 10, 1998 IN PLAT BOOK 45 AT PAGE 81 AND FIRST AMENDED PLAT RECORDED ON FEBRUARY 14, 2001 /N PLAT BOOK 56 AT PAGE 62. Executed this day of . 2002. A. S7EVEN CROWN AND NANCY C. CROWN By. A. Steven Crown By Nancy C. Crown STA7E OF ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this of 2002, by A. STEVEN CROWN AND NANCY C. CROWN. W/77VESS my hand and official seal. My commission expires [SEAL] Notary Public THE MOORE FAMILY PUD MASTER ASSOCIATION, INC, A COLORADO NON PROFIT CORPORA77ON BY Dwayne Romero, President STATE OF ) )ss. COUNTY OF ) SURVEYORS CERTIFICATE 1, Stephen L. Ehlers, a du/y registered Professional Land Surveyor in the State of Colorado, do hereby certify that this `SECOND AMENDED PLAT OF LOT 9, BLOCK G, 77-IE MOORE FAMILY PUD" correctly represents the results of a survey made under my direct responsibility, supervision and checking, which survey was prepared in accordance with Article 51 Title 38 of the Colorado Revised Statutes, and that this Plot contains a// the information required by Colorado Revised Statutes 38-33.3-209. Survey precision is greater than 1:10,000. Field survey was completed 12119199. By: COLORADO REGISTERED PROFESSIONAL LAND SURVEYOR NO. 20133 day Community Development Director Approval SECOND AMENDED PLAT OF LOT 9, BLOCK G, 774E MOORE FAM1LY P.U.D. has been approved by the Community Development Director of the City of Aspen, Colorado, this day of 2002. Julie Ann ods, Director The foregoing instrument was acknowledged before me this day of 2002, by 774E MOORE FAMILY PUD MASTER ASSOCIATION, INC, A COLORADO NON PROFIT CORPORA77ON, by Dwayne Romero, Jr. as President. WITNESS my hand and official seal. My commission expires [SEAL] Notary Public CITY ENGINEER'S APPROVAL SECOND AMENDED PLAT OF LOT 9, BLOCK G, 774E MOORE FAMILY P.U.D. has been approved by the City of Aspen Department of Engineering this day of . 2002. City Engineer / hereby certify that "SECOND AMENDED PLAT OF LOT 9, BLOCK G, THE MOORE FAMILY PUD" was accepted for recording in the office of the Clerk and Recorder of Pitkin County, this doy of , 2002 and is duly recorded in Plat Book at Page as Reception No. in the Records of Pitkin County, Colorado. P/TK/N COUNTY CLERK AND RECORDER