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Home My WebLink Aboutcoa.lu.ec.725 Cemetery Lane.0004.2016.ASLU0004.2016.ASLU 725 CEMETERY LANE HUiron LOT SPLIT 2735-122-00-008 r S ccAryel A r 4 t 14" External Media Located Here M-025954 RMMI PATH: G/DRIVE / MASTER FILES/ADMINISTRATIVE/ADMIN/LANDUSE CASE DOCS LA THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0004.2016.ASLU PARCEL ID NUMBERS 2735 122 00 008 PROJECT ADDRESS 725 CEMETERY LANE PLANNER HILLARY SEMINICK CASE DESCRIPTION RECORD THE LOT SPLIT AS APPROVED PURSUANT TO ORDINANCE 22 OF 2015 REPRESENTATIVE BRIAN MCNELLIS DATE OF FINAL ACTION 07.13.2015 CLOSED BY KARLA HENRICHON 7.19.16 0004.2016.ASLU PARCEL ID# 2735-122-00-008 File Edit Record Navigate Form Reperts Fcrmat Tab Help U ►X P. . ►I - _ .t J J lump 1 : > Q I O J L J A J J �' Main CustomF' Ids R rn Status F�Sununary fictions RattetgHistory cn ��g -- o -- -8 Permit type bslu - Aspen Land Use Permit # 0004.2016.ASLU Address 725 CEMETERYUN Apt/Suite aCity ASPEN State CO Zip 81611 x Permit Information D Master permit Routing queue aslul5 Applied 01 /19/2016 o Project Status pending Approved m Description RECORD THE LOT SPLIT AS APPROVED PURSUANT TO ORDIANANCE 220F Issued 2015. PARCEL ID# 2735-122.00-008 Closed/Final Submitted BRIAN 948.0002 Cbdc Running Days 0 Expires 01/13/2017 Submitted via 0 wner Last name --TUARY RESIDENCES LLP First name 520 E HYMAN SUITE 213 Phone (970) 920-0007 Address ASPEN CO 01611 Applicant Owner is applicant? Contractor is applicant? Last name BMC PLANNING & DESIGN First name PO BOX 73 ASPEN C0 61612 Phone (970) 948-M Cust # 30271 Address Email Lender Last name First name Phone ( I Address r Displays the permit owner's first name AspenGold5 (server) debrap - 1 of 1 01/19/2016 PAID $1250.00 CHECK #1042 RECEIPT #40030 Lot Split - Recordation Documents Review 725 Cemetery Lane (PID# 2735-122-00-008) Submitted January 2016 =j RECEIVED JAN 12 2016 CITY 0A61PEN COMMUNITY DEVELOPMENT [41 BMA Punning+Design 01 P.O. Box 73, Aspen, CO 81612 970-948-0002 www.bmcaspen.com [41 ' BMA Planning+Design ■ January 11 , 2016 Jennifer Phelan - Interim Director City of Aspen Community Development 130 S. Galena Street, 3`d Floor Aspen, CO 81611 RE: 725 Cemetery Lane Lot Split — Plat Recordation Dear Jennifer: Please accept this application to formally record the Lot Split that was approved at 725 Cemetery Lane (ID # 2735-122-00-008) and as adopted by the City Council pursuant to Ordinance 22 of 2015 (recorded at Reception #622107). The Lot Split was requested in compliance with the underlying R-15 zone and pursuant to Section 26.480.050 (A) - Minor Subdivisions of the Land Use Code. The Lot Split results in two parcels (each 17,681 square feet net area) that conform to the urban fabric of the Cemetery Lane neighborhood. The Lot Split application was subject to a neighborhood outreach as well as the typical public notice requirements for a Minor Subdivision. Please see our responses to the Subdivision sections of the Code from the Lot Split application and reiterated below: A. Lot Split. The subdivision of a lot for the purpose of creating one additional development parcel shall be approved, approved with conditions, or denied by the City Council, pursuant to Section 26.480.030 Procedures for Review, according to the following standards: 1. The request complies with the requirements of Section 26.480.040, General Subdivision Review Standards. Response: The request complies with the General Subdivision Review Standards (see below). No more than two lots are created by the lot split. No more than one lot split shall occur on any one fathering parcel. Response: No more than 2 lots will be created by the Lot Split. 3. The Lot Split Plat shall be reviewed and recorded in the office of the Pitkin County Clerk and Recorder, pursuant to Chapter 26.490 Approval Documents. No subdivision agreement need be prepared or entered into between the applicant and the City unless the Community Development Director determines such an agreement is necessary. www.bmcaspen.com P.O. Box 73 Aspen, CO 81612 970-948-0002 Response: The Lot Split Plat shall be reviewed by Planning Staff and recorded pursuant to the requirements of the Aspen Land Use Code and the Clerk & Recorder's office. 26.480.040. General subdivision review standards All subdivisions shall be required to conform to the following general standards and limitations in addition to the specific standards applicable to each type of subdivision: A. Guaranteed Access to a Public Way. All subdivided lots must have perpetual unobstructed legal vehicular access to a public way. A proposed subdivision shall not eliminate or obstruct legal vehicular access from a public way to an adjacent property. All streets in a Subdivision retained under private ownership shall be dedicated to public use to ensure adequate public and emergency access. Security/privacy gates across access points and driveways are prohibited. Response: The Lot Split will not obstruct access to any adjacent properties and each of the new lots shall have direct access to Cemetery Lane's public right-of-way. This proposal will not change or modify the 20' wide driveway/access easement along the northern boundary of the subject parcel and it shall continue to allow access to the property located immediately to the west. No new streets will be created and no additional road cuts along Cemetery Lane are requested. The Lot Split will eliminate the current looped driveway and therefore extinguish an existing curb cut along Cemetery Lane. Security and/or privacy gates will not be used on any access point to the properties or adjacent properties. B. Alignment with Original Townsite Plat. The proposed lot lines shall approximate, to the extent practical, the platting of the Original Aspen Townsite, and additions thereto, as applicable to the subject land. Minor deviations from the original platting lines to accommodate significant features of the site may be approved. Response: Upon researching 12 properties along the western side of Cemetery Lane (on each side of the subject parcel) it was calculated that the average lot area is approximately 17,828 square feet with an average width of about 105 feet. If granted, the Lot Split would create two parcels — one at 17,681 square feet and the other (including the existing access easement) at 22,023 square feet. The resulting property lines along Cemetery Lane will be 94 and 106 feet respectively. The proposal will foster a residential condition that is more in conformance with the traditional lot sizes depicted on the Original Townsite Plat and those existing in the Cemetery Lane neighborhood. C. Zoning Conformance. All new lots shall conform to the requirements of the zone district in which the property is situated, including variations and variances approved pursuant to this Title. A single lot shall not be located in more than one zone district unless unique circumstances dictate. A rezoning application may be considered concurrently with subdivision review. Response: The resulting lots will exceed the minimal dimensional requirements of the R15 zone district. No variances or zoning changes are requested as part of this application. D. Existing Structures, Uses, and Non -Conformities. A subdivision shall not create or increase the non- conformity of a use, structure or parcel. A rezoning application or other mechanism to correct the non- conforming nature of a use, structure, or parcel may be considered concurrently. www.bmcaspen.com P.O. Box 73 Aspen, CO 81612 970-948-0002 Response: There are no non -conformities on the property currently. No non -conformities will be created by the proposed Lot Split. Enclosed you will find the Pre -Application Conference Summary form provided by Planner - Hillary Seminick as well as the required application materials requested therein. We have also included the recorded Ordinance of approval for your reference. Please let us know at your earliest convenience if an item was not included in the application materials or if the submitted plat needs modification. We appreciate you and your staff's time in reviewing this application. Sincerely, e1w Brian McNellis AICP, ASLA BMC Planning + Design www.bmcaspen.com P.O. Box 73 Aspen, CO 81612 970-948-0002 ' (DRIVEWAY TO REMAIN) — — — — — — — — 20' WIDE NON-EXCLUSNE ACCESS EASEMENT — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — LOT 1 NET AREA- 17,681 +/-SQUARE FEET GROSS AREA - 22,023 +ti SQUARE FEET ,k IRONWOODS CONDO tit PROPERTY a ♦-- PROPOSED NEW PROPERTY LINE -� LOT 2 NET AREA- 17,601 +A SQUARE FEET 1 N .900 ACRES Patel ID 02735-122-00-008 725 CEMETERY LANE LOT SPLIT Chris Bendon, AICP Director Community Development Department City of Aspen 130 S. Galena Street, 3'd Floor Aspen, CO 81611 RE: Owner's Authorization Dear Chris, This letter is to certify that Sanctuary Residences LLP, owner of 725 Cemetery Lane in Aspen, Colorado give BMC Planning + Design permission to represent their interests with the City of Aspen with regard to the application for a Lot Split - Recordation Documents Review contained herein. BMC's contact information is provided below: BMC Planning + Design ATTN: Brian McNellis, Principal P.O. Box 73 Aspen, CO 81612 970-948-0002 , Managing Manager i � r r ice' � • C� �J Printed Name Address Date WLKKA N ViSTADR '9 ASPEN MEADOWS; so" T RLSCOT /l' • � � t. T EO0 SUBJECaDWo PROPERTY~ WOODDUCCi .�1 GILL' SP1E AVE PEARL T '� is /NoR'"ST.EN �i' r! N^ t � u t REsr ,v a s.s ` o q .s b $ " `;y',•q�,�(43 s /JT/\�—y y y�y`t�i aYi C) cif \ W u fy nay\y \y\ 41 cb�Tq�T(� ' �L •�&ArgT / 'NS'�VE E•AMI W "N Q EO(OfJD 'ALw n/v S mo of rq" M7 q.✓S. Rp pa`M'I'A 1S 1 DOOLITTi TggINOR / _.q y`i y _,Sy_ f. l38 MK p( R S GIR (ANpNC /�T[/E.DUPANA 35 C� 2FF5 �SS_ `z `! . 74 .w'W DEIN Sr AVE y\ �� `3) >< * DMOItE UR t0 uU LN tY g, O4eERT 3x CT 17 25 LAR yn, ti /a1� ) 27. ,tATE (\ p 30 27 R w Y 1J 1� p U I Ave 1) < 75 ASPEN O V\I 1y n p GROVE LN rD ^ WESNIEW DR 13 aO J �� y - w�FFL wE,OH 6 'C`�, f CRY9TAl, 74 f S BLUEBONNET TRL E LA�(E RD 22 p B SIEVERS CIR y 10 GREY TALON CT w 11 SHAVANO DR 92, 17 CASCADE LN PC `tv 13 CINNAMON CT 14 FIVE TREES LN 13 POWDCRBOWL TRL Property Location: 725 Cemetery Lane, Aspen, CO Legal Description Vicinity Map (City of Aspen) A TRACT OF LAND SIUTATED IN LOTS 3 AND 12, SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH PRINCIPAL MERIDIAN, BEING A PORTION OF THAT CERTAIN TRACT OF LAND DESCRIBED IN BOOK 183 AT PAGE 271 IN THE RECORDS OF PITKIN COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF COUNTY ROAD WHENCE THE WEST 1/4 CORNEROF SAID SECTION 12 BEARS SOUTH 58 DEGREES 17 MINUTES WEST 1614.50 FEET; THENCE SOUTH 76 DEGREES 26 MINUTES WEST 177.70 FEET; THENCE NORTH 25 DEGREES 14 MINUTES WEST 204.22 FEET; THENCE NORTH 76 DEGREES 26 MINUTES EAST 219.00 FEET TO A POINT ON THE WESTERLY LINE OF SAID COUNTY ROAD; THENCE SOUTH 13 DEGREES 34 MINUTES EAST 200.00 FEET ALONG THE WESTERLY LINE OF SAID COUNTY ROAD TO THE POINT OF BEGINNING, COUNTY OF PITKIN,STATE OF COLORADO. Homeowner Association Compliance Policy All applications for a building permit within the City of Aspen are required to include a certification of compliance with applicable covenants and homeowner association policies. The certification must be signed by the properly owner or Attorney representfnp the property owner. The following certification shall accompany the application for a permit. Subject Property: thoperty owner, certify as follows: (pick one) ep I This property is not subject to a homeowners association or other form of private covenant. U This property is subject to a homeowners association or private covenant and the improvements proposed in this building permit do not require approval by the homeowners association or covenant beneficiary. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this building permit have been approved by the homeowners association or covenant beneficiary. I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I understand that this document is a public document. Owner signature: date: Z- (� Owner printed name-SY;AL cz�i s ('' ,1,0) or, a Attorney signature: Attorney printed name: date: April, 1013 City of Aspen J 1,10 S. Galena St. 11 (9 01920-SO90 RE TION#: 622107, 08/04/201 Sat 11:__._6 AM, t OF 5. R $31.00 Doc Code ORDINANCE Janice K. Vos Caudill, Pitkin County, CO ORDINANCE NO. 22 (SERIES OF 2015) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING THE HUTTON LOT SPLIT FOR THE PROPERTY COMMONLY KNOWN AS 725 CEMETERY LANE, LEGALLY DESCRIBED IN EXHIBIT A; CITY OF ASPEN, PITKIN COUNTY,COLORADO. Parcel No. 2737-073-16-003 WHEREAS, the Community Development Department received an application from BMC Planning + Design on behalf of Robert Hutton, requesting Lot Split review for the property commonly known as 725 Cemetery Lane; and, WHEREAS, the subject property is zoned Moderate Density Residential (R-15); and, WHEREAS, the Applicant has requested a Lot Split review by the City Council and approval to divide the current 39,704 square foot lot into two lots; allocating 22,023 square feet of gross lot area to Lot 1 and allocating 17,681 gross square feet to Lot 2; and, WHEREAS, the City Council has reviewed and considered the lot split proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a duly noticed public hearing on July 13, 2015; and, WHEREAS, during a duly noticed public hearing on July 13, 2015, the City Council opened the hearing, took public testimony, considered pertinent recommendations from the Community Development Director, and referral agencies of the City of Aspen and adopted Ordinance No. 22, Series of 2015, approving Lot Split, which would allow the division 725 Cemetery Lane, a 39,704 square foot lot into two lots, allocating 22,023 square feet of lot area to Lot 1 and allocating 17,681 square feet of lot area to Lot 2; and, WHEREAS, the Aspen City Council finds that the lot split proposal meets or exceeds all the applicable development standards. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ASPEN CITY COUNCIL AS FOLLOWS: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City Council hereby approves the Lot Split request to divide the 39,704 square foot lot into two lots; allocating 22,023 square feet to Lot 1 and allocating 17,681 square feet to Lot 2; and, Section 2: Plat The Applicant shall record a lot split plat that meets the requirements of Land Use Code Chapter 26.490, Approval Documents; within 180 days of approval. The existing home need not be demolished to accommodate the newly created lot boundaries. The existing structure may remain for the life of the original structure only. Upon demolition, as defined in Section 26.104.100, Definitions, all structures on Lot 1 and Lot 2 shall comply with the applicable zone district provisions with respect to the newly created lot boundaries and setbacks. Section 3: Subdivision No further subdivision may be granted for the newly created lots. No additional units shall be constructed without the required land use approvals and growth management allocations. Section 4: Enaineerin� The existing driveway and curb cut configuration shall be abandoned upon demolition of the existing residence. Access to the newly created Lot 1 is required to be off the existing 20' "Non-, Exclusive Easement" as recorded in Book 572 Page 384. A new curb cut along Cemetery Lane will not be permitted on this lot. Lot 2 shall be allowed one curb cut along Cemetery Lane. If objections by the grantees of the easement recorded in Book 572 Page 384 prevent the use of said easement by Lot 1; Lots 1 and 2 shall only be permitted one curb cut to serve both Lots 1 and 2, subject to approval by City Engineering. Section 5: Parks The Parks Department will require separate landscape and tree protection reviews for each new lot upon the request for building permit. Staff will determine if an approved tree permit will be required prior to demolition or significant property changes. Tree removal mitigation will be handled through cash -in -lieu payment or by on -site plantings, such as street trees. Planting in the public right-of-way will be subject to landscaping in the right-of-way requirements. Improvements to the right-of-way should include new grass and irrigation. The applicant shall work with the Parks Department to design an appropriate trench box for any new tree plantings. Plans for'tree plantings shall be completed and conceptually approved prior to building permit submittal. Section 6: Water/Utilities Upon future development of either lot, utility design shall be incorporated into plans that will address individual services and meters for each lot. The Holden-Marolt Ditch runs along the western boundary of each newly created parcel. Prior to recording the plat for the lot split, an easement agreement acceptable and approved by the City Attorney shall be recorded and the ditch with reference to the recorded easement be shown in its full easement width on the plat. Section 7: Existing Floor Area Credit Allocation The floor area calculations for the existing single family home shall be provided with the demolition permit in accordance with Section 26.575.020, Calculations and Measurements. Floor 2 area credit applies to three forms of mitigation. Credit for the existing floor area shall be allocated between the two lots evenly; with the exception of floor area credit as it is applied to School Land Dedication. 100% of the floor area applied to School Land Dedication fees shall be applied to Lot 1. This allocation, notated by "fee type", is shown in Table 1. Table 1. Existing Floor Area Credit Allocation Table Fee Type Lot 1 Lot 2 School Land Dedication 100% 0% Parks 50% 50% Affordable Housing 50% 50% If the floor area calculations are not provided prior to demolition, the applicant forfeits the right to any floor area credit. This condition may be amended by the Community Development Director. Nothing herein shall exempt development on these lots to the applicability of impact fees, amendments to fee schedules or adoption of new impact mitigation requirements. Section 8: Vested Property Rights The development approvals granted herein shall constitute a site -specific development plan vested for a period of three (3) years from the date of issuance of a development order. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, CoIorado Revised Statutes, pertaining to the following described property: Hutton Lot Split, A tract of land situated in lots 3 and 12, section 12, township 10 south, range 85 west of the 6th principal meridian, being a portion of that certain tract of land described in book 183 at page 271 in the records of Pitkin County, described as follows: beginning at a point on the westerly line of county road whence the west 1/4 corner of said section 12 bears south 58 degrees 17 minutes west 1614.50 feet; thence south 76 degrees 26 minutes west 177.70 feet; thence north 25 degrees 14 minutes west 204.22 feet; thence north 76 degrees 26 minutes east 219.00 feet to a point on the westerly line of said county road; thence south 13 degrees 34 minutes east 200.00 feet along the westerly line of said county road to the point of beginning, County of Pitkin, State of Colorado by Ordinance No. 22, Series of 2015, of the Aspen City Council. Section 9: This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any. action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 10• If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 11: A public hearing on the ordinance shall be held on the 13'' day of July, 2015, in the City Council Chambers, Aspen City Ball, Aspen, Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. Section 12: This ordinance shall become effective thirty (30) days following final adoption. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 22"d of June, 2015. Attest: A Linda Manning, City Mayor FINALLY, adopted, passed and approved this 13t' day of J�y, 2015. Attest: W(AA1 Linda Manning, City Clerk Approved as to form: ,Ji&es R. True, City Attorney 4 Ordinance 22, Series 2015 Exhibit A Hutton Lot Split A TRACT OF LAND SITUATED IN LOTS 3 AND 12, SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH PRINCIPAL MERIDIAN, BEING A PORTION OF THAT CERTAIN TRACT OF LAND DESCRIBED IN BOOK 183 AT PAGE 271 IN THE RECORDS OF PITKIN COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF COUNTY ROAD WHENCE THE WEST 1/4 CORNER OF SAID SECTION 12 BEARS SOUTH 58 DEGREES 17 MINUTES WEST 1614.50 FEET; THENCE SOUTH 76 DEGREES 26 MINUTES WEST 177.70 FEET; THENCE NORTH 25 DEGREES 14 MINUTES WEST 204.22 FEET; THENCE NORTH 76 DEGREES 26 MINUTES EAST 219.00 FEET TO A POINT ON THE WESTERLY LINE OF SAID COUNTY ROAD; THENCE SOUTH 13 DEGREES 34 MINUTES EAST 200.00 FEET ALONG THE WESTERLY LINE OF SAID COUNTY ROAD TO THE POINT OF BEGINNING, COUNTY OF PITKIN, STATE OF COLORADO HUTTON LOT SPLIT . == BEING A PLAT OF THE LANDS OF SANCTUARY RESIDENCES, LLP FOR THE PURPOSES OF CREATING TWO LOTS OF THE LANDS AS DESCRIBED IN DEED RECORDED DECEMBER 1, 2015 AS RECEPTION 1625220, RECORDS OF PITKIN COUNTY AgcN D°`F cwR ! a1v a a Rs+x `"� t/ v ' WT ARER - GROSS A]EA I � • \ NgaR1, ORS L.pp]i i! ��Ro re¢rna I •3 v / WCN.00DS CONDOMINIUMS i IY (rEv RRi BOO¢ ]e PYE iI �\l 1\s ��[ \ v FFF. & `ss 4r • FIR _ NCO u qI¢ �pr.r M 5 �d • � �4 A rno.>Tu]D. 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IM,D Al — ], ]w S'rR 6 mIPr00. 00 .fielle CO Rot , HRK PRRM® T wild IOr S0.iT. N" x LO 5 x Or9rt RUMONR], 90rD5 uo ORM,R R.C.rlpe5 N& ACNWrtIr ]wD NweR:e wROR. M i M SwE ♦R[ B.Y't. d FlC,9 LA.[r5 .xC ,r.` MR 0..*i[n vR ]RNOS DRIwN wui r5 S]N2O d x WMO. w0 M.i iK •CCORKY K N. 00LwOM. ff¢S MA 0.05ue5 SwW rcxcd NIC BFTtfR MM, i.1S,00o..'N 'wrME55 iwR[Oi. � Y].K 5[, Nr MMq uO 4.0 ROBa1, c wi'orl r.s pu,z HUTTON LOT SPLIT BEING A PLAT OF THE LANDS OF SANCTUARY RESIDENCES, AS DESCRIBED IN DEED RECORDED DECEMBER 1, 2015 AS RECEPTION 0625220, RECORDS OF PITKN COUNTY tltt K ASFd pigl WUItt �I.ROO suE t - ZC OAIL OCCt?BEA, ]MS ROBEIiT C. HUTTON Rew�vv. n o[ asw 0-t KONO mn[f. uC a wSF�c NDiic. w'hN]Nr my v •9d Ir�m .,etlt �woc�e,.,c �.s r"m`Ds m�t°Nn.L'n"...°"o`wn R,mnRil RiEv.,n. - ,eR.0 Or Rf.Mo[. 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IM,D Al — ], ]w S'rR 6 mIPr00. 00 .fielle CO Rot , HRK PRRM® T wild IOr S0.iT. N" x LO 5 x Or9rt RUMONR], 90rD5 uo ORM,R R.C.rlpe5 N& ACNWrtIr ]wD NweR:e wROR. M i M SwE ♦R[ B.Y't. d FlC,9 LA.[r5 .xC ,r.` MR 0..*i[n vR ]RNOS DRIwN wui r5 S]N2O d x WMO. w0 M.i iK •CCORKY K N. 00LwOM. ff¢S MA 0.05ue5 SwW rcxcd NIC BFTtfR MM, i.1S,00o..'N 'wrME55 iwR[Oi. � Y].K 5[, Nr MMq uO 4.0 ROBa1, c wi'orl r.s pu,z HUTTON LOT SPLIT BEING A PLAT OF THE LANDS OF SANCTUARY RESIDENCES, AS DESCRIBED IN DEED RECORDED DECEMBER 1, 2015 AS RECEPTION 0625220, RECORDS OF PITKN COUNTY tltt K ASFd pigl WUItt �I.ROO suE t - ZC OAIL OCCt?BEA, ]MS ROBEIiT C. HUTTON P"I JOINT NOTICE OF PRIVACY POLICY OF �, } LAND TITLE GUARANTEE COMPANY, Land Title `le LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION, LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company and Meridian Land Title, LLC, as agents for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: ► applications or other forms we receive from you, including communications sent through TMX, our web -based transaction management system; ► your transactions with, or from the services being performed by, us, our affiliates, or others; ► a consumer reporting agency, if such information is provided to us in connection with your transaction; and ► the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates and non -affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: ► We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. ► We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. ► Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. ► We regularly access security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Old Republic National Title Insurance Company Schedule B-2 (Exceptions) Order Number: Q62007207 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. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 8. RIGHT OF 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, AND A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES, AS RESERVED IN UNITED STATES PATENT RECORDED JUNE 16, 1894 IN BOOK 55 AT PAGE 45. 9. UTILITY EASEMENT AS GRANTED TO MOUNTAIN STATES TELEPHONE AND TELEGRAPH CO. IN INSTRUMENT RECORDED DECEMBER 11, 1929, IN BOOK 162 AT PAGE 172. 10. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED APRIL 28, 1964 IN BOOK 206 AT PAGE 560. 11. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT RECORDED SEPTEMBER 01, 1988 IN BOOK 572 AT PAGE 384. 12. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN NO. 22, SERIES OF 2015 APPROVING THE HUTTON LOT SPLIT RECORDED AUGUST 4, 2015 AS RECEPTION NO. 622107. LAND TITLE GUARANTEE COMPANY LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION Land T.He ... •. , ,., DISCLOSURE STATEMENTS � Note: Pursuant to CRS 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 will be obtained from the county treasurer of the county in which the real property is located or that county treasurer's authorized agent unless the proposed insured provides written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real property) C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph G of Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B-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. Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface estate, in Schedule B-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 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. „00.,, •aT17t F�'• Commitment to Insure ALTA Commitment - 2006 Rev. - : OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, (Company) for a valuable -P consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed ,r * 0. * Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, 0 1 �Nd • upon payment of the premiums and charges and compliance with the requirements; all subject to the provisions of Schedule 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 such policy or policies is not the fault of the Company. CONDmONS AND STIPULATIONS 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 acquires 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 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 the 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,OOO,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 www.alta.org, STANDARD EXCEPTIONS In addition to the matters contained in the Conditions and Stipulations and Exclusions from Coverage above referred to, this Commitment is also subject to the following: 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. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey or 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 by the Public Records. S. 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. IN WITNESS WHEREOF, Old Republic National Title Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. Issued by: r r r , Old Republic National Title Insurance Company Land Title Guarantee Company • ` TI T� ' •, a Stock Company 3033 East First Avenue ` �1p' 4 / ', 400 Second Avenue South Suite 600 ��° ,� * * tf'G' Minneapolis, Minnesota 55401 Denver, Colorado 80206 Q * -p (612)371-11U 303-321-1880 � o? * � .* V. J m Mark Bi- , President O , AMERICAN John E Freyer ', .�� * * * y1 LAND TI I LE President ',� ��O 1`Nd�`• ASSOCIATION Officer or Agent ., r r r r sew a ry+flex ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B-1 (Requirements) Order Number: Q62007207 The following are the requirements to be complied with: Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to -wit: 1. EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF THE CITY OF ASPEN TRANSFER TAX HAVE BEEN SATISFIED. 2. A FULL COPY OF THE FULLY EXECUTED OPERATING AGREEMENT AND ANY AND ALL AMENDMENTS THERETO FOR SANCTUARY RESIDENCES, LLP, A COLORADO LIMITED LIABILITY COMPANY MUST BE FURNISHED TO LAND TITLE GUARANTEE COMPANY. SAID AGREEMENT MUST DISCLOSE WHO MAY CONVEY, ACQUIRE, ENCUMBER, LEASE OR OTHERWISE DEAL WITH INTERESTS IN REAL PROPERTY FOR SAID ENTITY. NOTE: ADDITIONAL REQUIREMENTS MAY BE NECESSARY UPON REVIEW OF THIS DOCUMENTATION. 3. WRITTEN CONFIRMATION THAT THE INFORMATION CONTAINED IN STATEMENT OF AUTHORITY FOR SANCTUARY RESIDENCES, LLP, A COLORADO LIMITED LIABILITY COMPANY RECORDED DECEMBER 01, 2015 AT RECEPTION NO. Q25L22_1 IS CURRENT. NOTE: SAID INSTRUMENT DISCLOSES HARRIS A. CAHN AS THE MANAGER AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF SAID ENTITY. IF THIS INFORMATION IS NOT ACCURATE, A CURRENT STATEMENT OF AUTHORITY MUST BE RECORDED. 4. WARRANTY DEED FROM SANCTUARY RESIDENCES, LLP, A COLORADO LIMITED LIABILITY COMPANY TO TO BE DETERMINED CONVEYING SUBJECT PROPERTY. NOTE: ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE BUYERS NAMES ARE ADDED TO THIS COMMITMENT. COVERAGES AND/OR CHARGES REFLECTED HEREIN, IF ANY, ARE SUBJECT TO CHANGE UPON RECEIPT OF THE CONTRACT TO BUY AND SELL REAL ESTATE AND ANY AMENDMENTS THERETO. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number: Q62007207 Customer Ref -Loan No.: Property Address: 725 CEMETERY LANE, ASPEN, CO 81611 1. Effective Date: 12-31-2015 At 5:00 P.M. 2. Policy to be Issued and Proposed Insured: "TBD" Commitment $0.00 Proposed Insured: TO BE DETERMINED 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: SANCTUARY RESIDENCES, LLP, A COLORADO LIMITED LIABILITY COMPANY 5. The Land referred to in this Commitment is described as follows: ATRACT OF LAND SIUTATED IN LOTS 3 AND 12, SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH PRINCIPAL MERIDIAN, BEING A PORTION OF THAT CERTAIN TRACT OF LAND DESCRIBED IN BOOK 183 AT PAGE 271 IN THE RECORDS OF PITKIN COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT POINT ON THE WESTERLY LINE OF COUNTY ROAD WHENCE THE WEST 1/4 CORNER OF SAID SECTION 12 BEARS SOUTH 58 DEGREES 17 MINUTES WEST 1614.50 FEET; THENCE SOUTH 76 DEGREES 26 MINUTES WEST 177.70 FEET; THENCE NORTH 25 DEGREES 14 MINUTES WEST 204.22 FEET; THENCE NORTH 76 DEGREES 26 MINUTES EAST 219.00 FEET TO A POINT ON THE WESTERLY LINE OF SAID COUNTY ROAD; THENCE SOUTH 13 DEGREES 34 MINUTES EAST 200.00 FEET ALONG THE WESTERLY LINE OF SAID COUNTY ROAD TO THE POINT OF BEGINNING, COUNTY OF PITKIN, STATE OF COLORADO. Copyright 2006-2016 American Land Title Association. All Rights Reserved The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date - of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. pqq Land Title SNKI !90' Land Title Guarantee Compz Estimate of Title Fees Customer Distribution Land Ttle Our Order Number: Q62007207 Date: 01-11-2016 Property Address: 725 CEMETERY LANE, ASPEN, CO 81611 For Title Assistance KIM SHULTZ 533 E HOPKINS #102 ASPEN, CO 81611 970-927-0405(phone) 970-925-6243 (fax) va9eyresponse0kgc.com BMC PLANNING AND DESIGN Attention: BRIAN MCNELLIS PO BOX 73 ASPEN, CO 81612 970-948-0002 (work) brian@bmcaspen.com Delivered via: Electronic Mail RECEPTION#: 626220, 12/01/2015 at 04:19:06 PM, 1 OF 3, R $21.00 DF $479.00 Doc Code WD Janice K. Vos Caudili, Pitkin County, CO Warranty Deed (Pursuant to 38-30-113 C.R.S.) State Documentary Fee Date: December 01, 2015 $ 479.00 THIS DEED, made on December OL 2015 by ROBERT C. HUTTON Grantor(s), of the County of PITKIN and State of COLORADO for the consideration of ($4,790,000.00) *** Four Million Seven Hundred Nmety Thousand and 00/100 *** dollars in hand paid, hereby sells and conveys to SANCTUARY RESIDENCES, LLP, A COLORADO LIIVITTED LIABILITY PARTNERSHIP Grantee(s), whose street address is P.O. BOX 4060 ASPEN, CO 81612, County of PrIK N, and State of COLORADO, the following real property in the County of Pitkin, and State of Colorado, to wit SEE ATTACHED "EXHIBIT A" aLgo known by street and number W. 725 CEMETERY LANE ASPEN CO 81611 with all its appurtenances and warrants the title to the same, subject to GENERAL TAXES AND ASSESSMENTS FOR THE YEAR 2o15 AND SUBSEQUENT YEARS AND SUBJECT TO THOSE ITEMS AS SET FORTH ON EXHIBIT "B" ATTACHED HERETO AND IN ORPORATED ROBERT C. HUTPON State of COLORADO ) ss. County of PTITQN ) The foregoing bistrument was acknowledged before me on this day of December 01, 2015 by ROBE KIMBERLY J. PARHAM NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20124022396 N MY COMMISWON EXPIRES 04/26/2016 My comm�� commission expires y� When Recorded Return to: SANCTUARY RESIDENCES, LLP, A COLORADO LIMITED LIABILITY PARTNERSHIP P.O. BOX 4060 ASPEN, CO 81612 Gi T v OF- 4-5 'AIETT Pe .)D Form 13082 O 2008 wd,open.odt Warranty Deed Open (Photographic) QG2006490 VAN-rr PMO DATE h NO. 7 rafi j�s ETbe 1237163761 EXHIBIT A A TRACT OF LAND SIUTATED IN LOTS 3 AND 12, SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH PRINCIPAL MERIDIAN, BEING A PORTION OF THAT CERTAIN TRACT OF LAND DESCRIBED IN BOOK 183 AT PAGE 271 IN THE RECORDS OF PMUN COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF COUNTY ROAD WHENCE THE WEST 1/4 CORNER OF SAID SECTION 12 BEARS SOUTH 58 DEGREES 17 MINUTES WEST 1614.50 FEET; THENCE SOUTH 76 DEGREES 26 NIINUTES WEST 177.70 FEET; THENCE NORTH 25 DEGREES 14 MINUTES WEST 20422 FEET; THENCE NORTH 76 DEGREES 26 MINUTES EAST 219.00 FEET TO A POM ON THE WESTERLY LINE OF SAID COUNTY ROAD; THENCE SOUTH 13 DEGREES 34 MINUTES EAST 200.00 FEET ALONG THE WESTERLY LINE OF SAID COUNTY ROAD TO THE POINT OF BEGINNING, COUNTY OF PITKIN, STATE OF COLORADO. Form 13082 09/2008 wd.opm.odt Warranty Deed Open (PbogWaphic) Q62906490 (237163761 4s is Property Address; 725 CEMETERY LANE ASPEN CO 816U RIGHT OF THE PROPRIETOR OFA VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM, SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES HEREBY GRANTED, AND A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES, AS RESERVED IN UNITED STATES PATENT RECORDED JUNE 16, 1894 IN BOOK 55 AT PAGE 45. UTILITY EASFJvffi.NT AS GRANTED TO MOUNTAIN STATES TELEPHONE AND TELEGRAPH CO. IN INSTRUMENT RECORDED DECEMBER U, 1929, IN BOOK 162 AT PAGE 172. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED APRIL 28, 1964 IN BOOK 206 AT PAGE 560. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT RECORDED SEVIEMBER 03,1988 IN BOOK 572 AT PAGE 394. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN NO.22, SERIFS OF 2015 APPROVING THE HUTTON LOT SPLIT RECORDED AUGUST 4, 2015 AS RECEPTION NO.622107. Form 1.3100 oa2008 b2esiu'bit.e9crow.odt Q62006490 (237163731 ATTACHMENT 2 —LAND USE APPLICATION PROJECT: Name: Hutton Lot Split Location: 725 Cemetery Lane, Aspen, CO (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 2735-122-00-008 APPLICANT: Name: Sanctuary Residences LLP (c/o Libman Development) Address: 520 E. Hyman Ave., Suite 213, Aspen, CO 81611 Phone #: 970-920-0007 REPRESENTATIVE• Name: BMC Planning + Design (Brian L. McNellis - principal) Address: P.O. Box 73, Aspen, CO 81612 Phone #: 970-948-0002 TYPE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use ❑ GMQS Allotment ❑ Final PUD (& PUD Amendment) ❑ Text/Map Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA ❑ ESA — 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane ❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/ Expansion ❑ Residential Design Variance ❑ Lot Line Adjustment [ x 1 Other: Conditional Use EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) The property was granted a Lot Split in June Or 2015 pursuant to Ordinance 22 of 2015. There currently exists a single-family residence on the property. PROPOSAL: (description of proposed buildings, uses, modifications, etc.) The applicant wishes to record the Lot Split as approved pursuant to Ordinance 22 of 2015. Have you attached the following? FEES DUE: $ [ x [ Pre -Application Conference Summary xAttachment #1, Signed Fee Agreement xResponse to Attachment #3, Dimensional Requirements Form x Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards L] 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. ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: Hutton Lot Salit Documents Recordation Applicant: Lot 1 = 22.023 ac. Lot 2 = 17.681 ac. Location: 725 Cemetery Lane. ASDen. CO Zone District: R-15 Lot Size: Lot 1 = 22.023 ac. Lot 2 = 17.681 ac. Lot Area: Lot 1 = 17,681 (minus access easement) ac. Lot 2 = 17,681 ac. for areas within the high water mark, easements, and steep slopes. Please reter to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: NA Number of residential units: Existing: 1 Number of bedrooms: Existing:_ 3 Proposed.• NA Proposed.• NA Proposed: NA Proposed % of demolition (Historic properties only): NA DIMENSIONS: Floor Area: Existing: 3,032 sf Allowable: 15,000 Sf proposed.• NA Principal bldg. height: Existing: 23 Allowable: 25 Proposed. NA Access. bldg. height: Existing: NA Allowable: NA Proposed.• NA On -Site parking: Existing: 3 Required.• 2 Proposed: NA % Site coverage: Existing: 9% Required: NA __.proposed.. NA % Open Space: Existing: 91 % Required: NA Proposed: NA Front Setback: Existing: 25 ft Required: 25 ft proposed.. 25 ft Rear Setback: Existing: 10 ft Required.• 10 ft Proposed: 10 ft Combined F/R: Existing: 35 ft Required.. 35 ft Proposed: 35 ft Side Setback: Existing: 10 ft Required.• 10 ft Proposed: 10 ft Side Setback: Existing. 10 ft Required.• 10 ft Proposed: 10 ft Combined Sides: Existing: 20 ft Required.• 20 ft ___:Proposed.. 20 ft Distance Between Existing NA Required: 20 ft Proposed: NA Buildings Existing non -conformities or encroachments: NA Variations requested: NA RETAIN FOR Flk e"76 � R-mv. '*JX _ Agreement to Pay Application Fees An agreement between the City of Aspen ("City") and _ Property Ken Libman as authorized by Sanctuary Phone No.: 970-429-4959 Owner ("I")' Residences LLP kiibma Libman rou com Email: n@ s P� Address of 725 Cemetery Lane _ Billing 520 E. Hyman Ave., Suite 213 Property: Aspen, CO 81611 Address: Aspen, CO 81611 (subject of (send bills here) application) 1 understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that l 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. $.0 flat fee for Select Dept $ 0 flat fee for Select Dept $ 0 flat fee for Select Dept $ 0 flat fee for Select Review 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. 1 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 acid 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 non-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 an apptication complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $ 975 __ deposit for 3 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325 per hour. $ 275 deposit for 1 hours of Engineering Department staff time. Additional time above the deposit amount wilt be billed at $275 per hour City of Aspen: Prop Owner: _ Chris Bendon Community Development Director I2o Name: Ken Libman / City use: 1 250 Fees Due: $T Received. $ Title: Manager CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Hillary Seminick, 970.429.2741 DATE: October 9, 2015 PROJECT: 725 Cemetery Lane REPRESENTATIVE: Brian McNellis REQUEST: Recordation Documents Review DESCRIPTION: The subject property received approval for the Hutton Lot Split in Ordinance 22, Series 2015. In accordance with Section 2: Plat of the Ordinance, the Applicant shall record a lot split that meets the requirements of the Land use Code Chapter 26.490, Approval Documents; within 180 days of approval. The existing home need not be demolished to accommodate the newly created lot boundaries. The existing structure may remain for the life of the original structure only. Upon demolition, as defined in Section 26.104.100, Definitions, all structures on Lot 1 and Lot 2 shall comply with the applicable zone district provision with respect to the newly created lot boundaries and setbacks. This is not inclusive of all conditions of approval nor the requirements of the land use code. Approval of a condo plat is an administrative function. Below are links to the Land Use Application form and Land Use Code for your convenience: Land Use App: http://www aspenpitkin com/Portals/O/docs/City/Comdev/Apps%20and%2OFees/2013%2Oland%20use%20a pp%20form. pdf Land Use Code: http //www aspenpitkin com/Departments/Community-Development/Planning-and-Zoning[Title-26-Land-Use- Code/ Land Use Code Section(s) 26.304 Common Development Review Procedures 26.490 Approval Documents Review by: Staff for complete application Engineering Dept. Planning Fees: $975 — for three hours of Staff Review time. Referral Fees: Engineering —$275 for one hour of review time Total Deposit: $1250 (additional planning hours over deposit amount are billed at a rate of $325/hour; additional engineering hours over deposit are billed at a rate of $275/hour) To apply, submit the following information: E� Completed Land Use Application and signed fee agreement. Et Pre -application Conference Summary (this document). ASLU Recordation Documents Review 725 Cemetery Lane 2735-122-00-008 1 d 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. O"!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. f�J HOA Compliance form (Attached) d A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application and relevant land use approvals associated with the property. Q( An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. Q Two paper copies of the 24"06" plat ❑ 1 Complete Copy. If the copy is deemed complete by staff, the following items will then need to be submitted: ❑ 1 additional copy of the complete application packet and, if applicable, associated drawings. ❑ Total deposit for review of the application. ❑ A digital copy of the application provided in pdf file format. Upon completion of review, the following items will then need to be submitted: ❑ 2 copies of the plat on 24"x36" Mylar. ❑ Recording fees (to be assessed by the case planner) 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. C_� THE CITY of ASPFN Land Use Application Determination of Completeness Date: January 19, 2016 Dear City of Aspen Land Use Review Applicant, We have received your land use application for Hutton Lot Split / 725 Cemetery Lane Recordation Documents Review and reviewed it for completeness. ❑ Your Land Use Application is incomplete: Please submit the following missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete. Please submit the following to begin the land use review process. • i Iona an com y YV,4 - • One electronic copy, in PDF format to Hillary.seminickkcityofaspen.com- / Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2741 if you have any questions. ou, Ck, Planner Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required New PD Yes No)c Subdivision, or PD (creating more than 1 additional lot)_ GMQS Allotments Residential Affordable Housing Yes No,)e-__ Commercial E.P.F. Lodging 7Lj7 THE CITY OF ASPEN CITY OF ASPEN Permit Receipt RECEIPT NUMBER 00040030 Account Number:30271 Applicant: BMC PLANNING & DESIGN Type: check # 1042 Permit Number Fee Description 0004.2016.ASLU Planning Hourly Fees 0004.2016.ASLU Ena Referral Fee Date: 1 /19/2016 Amount 975.00 275.00 Total: $1,250.00 FND. CITY OF ASPEN CPS MONUMENT #GPS-11(N) ELEV=7849.59' NAVD'88-i• ook4 93 HUTTON LOT SPLIT FOR THE PURPOSES OF CREATING LOT 1 AND LOT 2 OF THE HUTTON LOT SPLIT PURSUANT TO ASPEN CITY COUNCIL ORDINANCE NO. 22 SERIES 2015 RECORDED AUGUST 4, 2015 AT RECEPTION NO. 622107. FND. 4" BRASS DISC "1954 SEC CORNER 1-2-11-12 US CADASTRAL" PSPEN GOkF CouRSE C\TY CF `Ow PLpSjIC � AP 345g5 � RED PIPS S #13166 FND `ow P`PST1C GAS 26'p0 W -11 m I m C) n 0 I 0 I I I I I I FND. CITY OF ASPEN GPS MONUMENT #GPS-10(N) `��I� ELEV=7871.92' NAVD'88 N 36'51'49" W 1517.03' MEASURED BENCHMARK AND ELEVATION DATUM USED HEREON (N 36'01'17" W 1517.09' MARCIN/CITY) t77N 08'16'58" W 520.89' MEASURED TIE FND. 5/8" REBAR NO CAP__` CP 35 `p1 CORNER FN0 508 �TIyESS CORNER 10. TO jR1C 122 30 / GOLF COURSE PSPE C1jY OF / / FND.5/8"YELLOW PLASTIC CAP LS #28643 •� Oi E� '(��/�69 e 16 / s 5 LEGEND / SSMH - SANITARY SEWER MANHOLE / CMP CORRUGATED METAL PIPE / ( ) - DENOTES OFFICIAL RECORD INFORMATION LAT. - LATERAL W.V. - R/W - WATER VALVE RIGHT OF WAY (CITY OF ASPEN) / / EP - EDGE OF ASPHALT PAVEMENT / O - SET 5\8" REBAR WITH YELLOW PLASTIC / CAP LS #24312 (UNLESS OTHERWISE NOTED) -T & E- - TELEPHONE & ELECTRICAL LINE GRAPHIC SCALE —G— — GAS LINE / -W- - WATER LINE 20 /I 0 0 20 40 80 ADJ ADJACENT FND. - FOUND / ( IN FEET ) 8--FND. 4" BRASS DISC "1954 1 /4 CORNER" 1 inch = 20 fL luGisJ WESIM--m.�Ce'. PEN CITY COUNCIL APPROVAL AND ACCEPTANCE: THIS HUTTON LOT SPLIT WAS APPROVED AND ACCEPTED BY THE CITY COUNCIL OF THE CIT OF ASPEN THIS--�-_-� DAY OF��,�___-- ___-• 29FB.ZOI� BY: .0 BY.r MAYOR CITY CLERK COMMUNITY DEVELOPMENT APPROVAL: THIS HUTTON LOT SPLIT WAS REVIEWED AND APPROVED BY THE CITY OF ASPEN, COMMUNITY DEVELOPMENT DIRECTOR THIS _ a_✓DAY OF _ f'----------, 2016. BY: kjjm ,�A.(�in.i C04MU ITY DEVELOPMENT DIRECTOR ERING DEPARTMENT REVIEW: THIS HUTTON LOT SPLIT PLAT WAS REVIEWED FOR THE DIPICTION OF THE ENGINEERING DEPARTMENT SURVEY REQUIREMENTS. THIS _-2.1tIX _ DAY OF _T_Y_\A9r >lk ------- 2016, BY: Itiy.�`�L►�.�s-� CITY ENGINE cry r Mount dr `� View t. p 0�e&t *now gunY o 1 - Ln Cf ASPEN ' S*ri 't st: VICINITY MAP 4ap8 pz NI T C Ute CERTIFICATE OF DEDICATION AND OWNERSHIP: KNOW ALL MEN BY THESE PRESENTS THAT SANCTUARY RESIDENCES, LLP, A COLORADO LIMITED LIBILITY PARTNERSHIP BEING THE FEE SIMPLE OWNER OF THE PROPERTY HEREIN DESCRIBED HAS BY THESE PRESENTS LAID OUT AND PLATTED THE SAME INTO LOTS 1 AND 2 HUTTON LOT SPLIT SHEETS ONE TO ONE EXECUTED THIS &�DAY OF MAR 2016 BY: r HARRIS A. CAHN AS MANAGER OF SANCTUARY RESIDENCES, LLP, A COLORADO LIMITED LIABILITY PARTNERSHIP NOTARY PUBLIC CERTIFICATE: STATE OF COLORADO ) COUNTY OF PITKIN ) THE FOREGOING CERTIFICATE OF DEDICATION AND OWNERSHIP WAS ACKNOWLEDGED BEFORE ME THIS �_ DAY OF fg&+ 2016 BY HARRIS A. CAHN AS MANAGER OF SANCTUARY RESIDENCES, LLP, A COLORADO LIMITED LIABILITY PARTNERSHIP AS AS OWNER OF THE LANDS WITHIN THE DISTINCTIVE BOUNDARY LINE SHOWN HEREON WITNESS MY HAND AND OFFICIAL SEAL. VY COMMISSION EXPIRES: It V 2 �* /� NOTAVYWk TITLE CERTIFICATE: �00 LAND TITLE GUARANTEE COMPANY DOES HEREBY CERTIFY THAT i HAVE EXAMINED THE TITLE TO ALL LAND SHOWN UPON THIS PLAT AND THAT TITLE TO SUCH LANDS IS VESTED FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES EXCEPT Y OF ASPEN CONDITIONS OF APP LOT 1 AND LOT 2 HEREON ARE SUBJECT TO THE TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE NO. 22 (SERIES OF 2015) RECORDED ON AUGUST 4, 2015 AT RECEPTION NO. 622107 - LISTED IN PART AS FOLLOWS: 1. THE EXISTING DRIVEWAY AND CURB CUT CONFIGURATION SHALL BE ABANDONED UPON DEMOLITION OF THE EXISTING RESIDENCE. 2. ACCESS TO THE NEWLY CREATED LOT 1 IS REQUIRED TO BE OFF THE EXISTING 20' "NON-EXCLUSIVE EASEMENT" AS RECORDED IN BOOK 572 AT PAGE 384. A NEW CURB CUT ALONG CEMETERY LANE WILL NOT BE PERMITTED ON LOT 1. 3. LOT 2 SHALL BE ALLOWED ONE CURB CUT ALONG CEMETERY LANE. 4. IF OBJECTIONS BY THE GRANTEES OF THE EASEMENT RECORDED IN BOOK 572 AT PAGE 384 PREVENT THE USE OF SAID EASEMENT BY LOT 1; LOTS 1 AND 2 SHALL ONLY BE PERMITTED ONE CURB CUT TO SERVE BOTH LOTS 1 AND 2, SUBJECT TO APPROVAL BY CITY ENGINEERING. 1. BENCHMARK: ELEVATIONS SHOWN HEREON ARE BASED ON FOUND MONUMENT CITY OF ASPEN GPS -10(N) AS SHOWN HEREON. NAVD '88 ELEVATION DATUM - MONUMENT ELEVATION = 7871.92' (PER MARGIN ENGINEERING/ASPEN GPS CONTROL SURVEY DATED 07/27/10) 2. BASIS OF BEARINGS: THE BEARING N 00'15'00" W BETWEEN FOUND MONUMENTS ALONG THE NORTH HALF OF THE WEST SECTION LINE OF SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH PRINCIPAL MERIDIAN, AS SHOWN ON THE PLAT ENTITLED "OPEN SPACE ANNEXATION NO. 1" FILED IN PLAT BOOK 4 AT PAGE 191 WAS TAKEN AS THE BASIS OF BEARINGS SHOWN HEREON. 3. LAND TITLE GUARANTEE COMPANY COMMITMENT ORDER NO, Q62006490-7 DATED DECEMBER 1, 2015 AND VESTING DEED RECEPTION #625220 WAS USED IN PREPARING THIS SURVEY. 4. ALL DIMENSIONS SHOWN ARE IN FEET AND DECIMALS THEREOF. LEGAL DESCRIPTION: LOT 1: (AS SHOWN HEREON AND DESCRIBED IN ORDINANCE NO. 22, SERIES 2015) ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO, BEING ALL OF LOT 1 AS SHOWN ON THAT CERTAIN PLAT ENTITLED "HUTTON LOT SPLIT" FILED ��Q65C�—'?—_, 2016 IN PLAT BOOK _" AT PAGE �T RECORDS OF THE PITKIN COUNTY CLERK AND RECORDER. LOT 2: (AS SHOWN HEREON AND DESCRIBED IN ORDINANCE NO. 22, SERIES 2015) ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO, BEING ALL OF LOT 2 AS SHOWN ON THAT CERTAIN PLAT ENTITLED "HUTTON LOT SPLIT" FILED 2016 IN PLAT BOOK tpV AT PAGE 3pt_ RECORDS OF THE PITKIN COUNTY CLERK AND RECORDER. PITKIN COUNTY CLERK AND RECORDERS CERTIFICATE: THIS HUTTON LOT SPLIT PLAT IS ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO AT O'CLOCK M. THIS � DAY OF rI (,� 2016 IN PLAT BOOK AT PAGE AT RECEPTION NO. (j�y &AV his/ PiTKiN UNT CL RK AND RECORDER NOTARY PUBLIC CERTIFICATE: STATE OF COLORADO COUNTY OF PITKIN THE FOREGOING TITLE CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF ___2016 BY _ AS ___ ' __`- OF LAND TITLE GUARANTEE COMPANY. WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES: NOTARY PUBLIC SURVEYOR'S CERTIFICATE: I, ROBERT C. HUTTON, PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY CERTIFY THAT I HAVE PREPARED THIS HUTTON LOT SPLIT, THAT THE LOCATION OF THE OUTSIDE BOUNDARY, ROADS AND OTHER FEATURES ARE ACCURATELY AND CORRECTLY SHOWN HEREON, THAT THE SAME ARE BASED ON FIELD SURVEYS AND THAT THE PLATTED SITE CONFORMS TO WHAT IS STAKED ON THE GROUND, AND THAT THE ACCURACY OF ALL BOUNDARY BEARINGS, DISTANCES AND CLOSURES SHOWN HEREON ARE BETTER /THAN 1:15,000, IN WITNESS THEREOF, I HAVE SET MY HAND AND SEA R 1 THIS -�DAY OF �(�___ 2016. ROBERT C. HUTTON, PLS #24312 0 <01D7 P$€ ,_s 1 C 24312, % `•. HUTTON LOT SPLITs�;.,, FOR THE PURPOSES OF CREATING LOT 1 AND LOT 2 OF THE HUTTON LOT SPLIT PURSUANT TO ASPEN CITY COUNCIL ORDINANCE NO. 22 SERIES 2015 RECORDED AUGUST 4, 2015 AT RECEPTION NO. 622107. CITY OF ASPEN PITKIN COUNTY COLORADO SCALE: 1" = 20' DATE: MARCH, 2016 ROBERT C. HUTTON PROFESSIONAL LAND SURVEYOR 725 CEMETERY LANE ASPEN, COLORADO 81611 (970) 544-9952 SHEET 1 OF 1 JOB# 104FINAL