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HomeMy WebLinkAboutLand Use Case.EC.750 Cemetery Ln.0107.2015.ASLU0107.2015.Aslu 750 cemetery lane admin 2735122 06 004 1 n n-C ,.e- V,\ � THE CITY OF ASPEN Land Use Application Determination of Completeness Date: December 21, 2015 Dear City of Aspen Land Use Review Applicant, 010�'Z�)tS We have received your land use application for750 Cemetery Lane - Administrative Determination (yards) and have reviewed it for completeness. Your Land Use Application is complete: Please submit the following to begin the land use review process. 1) Digital pdf of the application. Please provide a separate file of the draft plat and the application. 2) Review deposit of $325.00 Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Thank You, /1-Q"? "V"-��r L'— fifer P , Deputy Planntn Director City of Aspen, Community Development Department For Office Use Only: Mineral Rights Notice Required Yes No—? GMQS Allotments Yes No 6 Qualifying Applications: New PD Subdivision, or PD (creating more than 1 additional lot) Residential Affordable Housing Commercial E.P.F. Lodging PATH: G/DRIVE / MASYER FILES/PLANNING/ THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0107.2015.ASLU PARCEL ID NUMBERS 2735 122 06 004 PROJECT ADDRESS 750 CEMETERY LANE PLANNER SARAH NADOLNY CASE DESCRIPTION APPLICATION FOR ADMINISTRATIVE DETERMINATION REPRESENTATIVE MATTHEW SMITH DATE OF FINAL ACTION 12.30.15 CLOSED BY KARLA HENRICHON 7.28.2016 2-7 ,� % ( ZZ 06 00 q- pe*Lr File Edit Record Navigate Form Reports Format Tab Help y-J• lump Main I Custom Fields Routing Status Fee Su imar, History o Permitt,pe aslu Permit v N Address L ,' CEI,IETERY LII Apt/Suite � City ASPEN State Zip 81i:11 0 16 x Permit Information OtQ-7. ZO iS , A SuA TT Master permit I Routing queue aslul� Applied 12 212011 X Project Status-?nd�ny Approved z Description APPLICATION FOR ADMINISTRATIVE CETERU-11-TI0II YARDS. hued 10 Closed./Final Submitted JRALPHA11D PO N',sHIFFLE Clock Funning pays Expires 12 112 116 Submitted via Q,r;ner Last name ',°WHIFFLE —� First name RALFH AIID LY11HE 124 MIDDLE DR IFLN11DOME HY 00030 Fhone ! Address Applicant 0 Owner is applicant? ❑ Contractor is applicant? Last name WHIPFLE First name RALPH AND LYNNE �24 NICHE DR FLAfICOP,IE NY 00030 Phone (j Cust 30240 Address Email trader LW reme First name Ftlone 1 1 Address Enter the permit type code (16 -tt- !LtI NO 4-i&YX-S AFFIDAVIT OF PUBLIC NOTICE 1. REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: Aspen, CO STATE OF COLORADO ) SS. County of Pitkin ) I, �c�Ct—y►J A . (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: V Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. Sign e The oregoing "Affidavit of Notice" was aclmowledged before me this day of�ljlUGll4�1( , 200b , by WITNESS MY HAND AND OFFICIAL SEAL PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site speafic develo ment Ian, and the creation of grope y rig t pursuant to the Land Use Code of the City of Aspen antl Title 24, Article 68, Colorado Revised Statutes, pertain- ing to the property commonly known as 750 Cem- etery Ln, and legally tlescnbed as Lot T2.8Me Castle Creek Subdivision, City of Aspen, Pitkin County Coloratlo, Parcel ID #273512206004. An administrative determination has been provided to allow the front lot line to be changed to Castle Creek Dr, and the rear lot tine to be changed to Cemetery Lane. For further information contact Sa- ra Natlotny, at the Cityy of Aspen Community De- velopmEnt Dept. 130 S. Galena St. Aspen. Colo- r r d o (9 7 O) d 2 9- 2 7 3 9, o r Sa ra. na aam ®cT,or� ygr„ . s/ Ciry of Aspen Published in The Aspen Times on January 7, 2016 (11809632) My commission expires: _ Notary Public ATTACHMENTS: KAREN REED PATI'ERSON NOTARY PUBLIC PUBLICA770AT COPY OF THEID STATE COLORADO NOTARY D #19964002767 My Commission Expires February 15, 2016 DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit application submittal is accepted and deemed complete by the Chief Building Official, pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Rath and Lynne Whipple 750 Cemetery Ln Aspen Co 81612 Property Owner's Name, Mailing Address Lot 12 of the Castle Creek Subdivision 750 Cemeteryy Ln Cityospen, Pitkin County Colorado. Legal Description and Street Address of Subject Property The applicant has received approval to swap front and rear lot lines upon redevelopment of the property, such that the front yard and lot line will be on Castle Creek Dr. and the rear yard and lot line will be on Cemetery Ln. All applicable setback requirements found in the Land Use Code at the time of redevelopment will apply. Written Description of the Site Specific Plan and/or Attachment Describing Plan Administrative Determination, January 4, 2016. Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) January 7, 2016 Effective Date of Development Order (Same as date of publication of notice of approval.) January 8, 2019 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 4th day of January, 2016, by the City of Aspen Community Development Director. I" L==, Ynnifer Aelaii, Deputy Community Development Director CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT ADMINISTRATIVE DETERMINATION LOT LINE DETERMINATION FOR THE PROPERTY LEGALLY DESCRIBED AS LOT 12 OF THE CASTLE CREEK SUBDIVISION, COMMONLY KNOWN AS 750 CEMETERY LANE, CITY OF ASPEN, COUNTY OF PITKIN, COLORADO PARCEL ID # 273712206004 JURISDICTION: EFFECTIVE DATE: WRITTEN BY: APPROVED BY: City of Aspen December 30, 2015 Sara Nadolny, Planner Technician Jennifer Phelan, Deputy Community Development Director Purpose: The purpose of this Administrative Determination is to clarify the front and rear lot lines for the parcel located at 750 Cemetery Lane, legally described as Castle Creek Subdivision Lot 12, Parcel ID No. 273512206004. Background: Chapter 26.575.020.E.2 of the Land Use Code indicates lot line discrepancies may be resolved through review of the site and by providing an Administrative Determination. This section of code provides directions on determining the front v. rear lot lines of a parcel, and states "The front yard setback shall be measured from the front lot line. The Front Lot Line shall be the parcel boundary closest to or dividing a lot from a Street or street right-of-way. All parcels have a front lot line. There shall not be more than one front lot line. The rear yard setback shall be measured from the rear lot line. The Rear Lot Line shall be the parcel boundary opposite the front lot line. All parcels have a rear lot line. A parcel shall have only one rear lot line." The code goes on to state "For all double frontage lots with Streets on opposite sides of the parcel, except for those parcels abutting Main Street, the front lot line shall be the parcel boundary with the greatest length of Street frontage and the opposing lot boundary shall be the rear lot line. For double frontage lots with equal length street frontages, the front lot line shall mirror the RECEPTION#: 626263, 01/12/2016 at 09:58:34 AM, 1 OF 2, R $16.00 Doc Code ADMIN DECISION Janice K. Vos Caudill, Pitkin County, CO M m M TM � 7N 1" 7U ns 726 4, 77 + 710 7es PD r1s / Figure A: Star indicates location of subject property. front lot lines of the adjoining lots to the extent practical." The subject site is a double frontage lot, located between Cemetery Lane and Castle Creek Drive. A 2015 survey has indicated both street fronting lot lines to have a recorded measurement of 154.40' . There is currently a duplex on this lot which faces Cemetery Lane. The duplex has two curb cuts, both found on Cemetery Lane. Current Proposal: The current homeowner is requesting to swap the existing front and rear lot lines, such that the front lot line would border Castle Creek Dr. and the rear lot line would border Cemetery Lane. The owner is planning to demolish the current structure and replace it with a new duplex residence. Staff Review: Staff has reviewed this request against the relevant sections of Code as outlined above and finds the following. This is a double frontage lot with equal sized lot lines. Therefore Staff has looked to the neighboring parcels to understand their relationship to the two streets. All residences along the east side of Castle Creek Dr., across from the subject parcel, have their front entryways on Castle Creek Dr. There are five total parcels that share the double frontage condition. Excluding the subject parcel, three out of the four remaining parcels have their front entryway facing Castle Creek Dr. These parcels combined with those along the east side of Castle Creek Dr. designate the majority of all structures to front Castle Creek Dr. Figure B: Entrance orientation of neighboring parcels that share the double frontage condition. In a related matter, the City Engineer is requiring the removal of the curb cuts on Cemetery Lane and their consolidation and replacement on Castle Creek Dr. upon redevelopment of the property. Staff Determination: Staff has determined the front lot line for the property at 750 Cemetery Lane to be changed to Castle Creek Dr. upon the demolition of the current structure. The property will be subject to the setback requirements for the zone district as specified by the Land Use Code in place at the time of redevelopment. 2 clOyf'S_ Agreement to Pay Application FeCEIVEp An agreement Detween ine c.aty or Aspen �--uay ) ana Property Ralph Whipple Owner ("I"): Lynne Whipple Address of 750 Cemetery Lane Property: (subject of application) Phone No.: 970-948-1422 Email: whip@rof.net CITY OF ASPEN vVlii,ir, Billing 24 Middle Drive Address: Plandome, NY 11030 (send bills here) 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 I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $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. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for 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 application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at e hourly rates hereinafter stated. $ 325 / deposit for 1 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325 per hour. $ deposit for 0 hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $275 per hour. City of Aspen: Chris Bendon Community Development Director City Use: Fees Due: $ 325 Received: $ Property Owner: *4� 700.-A41aw70 Name: Title: Property Owners/Developers ATTACHMENT 2 —LAND USE APPLICATION � ( �, t�P/_ PROJECT: 20% Name: 750 Cemetery Lane 2 Sp Location: 750 Cemetery Lane — Parcel ID 273512206004 ` ` Jp Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REOUIRED) APPLICANT' Name: Ralph and Lynne Whipple Address: 24 Middle Drive, Plandome, NY 11030 Phone #: REPRESENTATIVE: Name: Matthew Smith - Thunderbowl Architects Address: 300 South Spring Suite 201 Aspen CO 81611 970-618-1645 Phone #: TYPE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ GMQS Allotment ❑ Special Review ❑ ESA — 8040 Greenline, Stream Margin, Hallam Lake Bluff, Mountain View Plane ❑ Commercial Design Review ❑ Residential Design Variance ❑ Conditional Use ❑ Conceptual PUD ❑ Final PUD (& PUD Amendment) ❑ Subdivision ❑ Subdivision Exemption (includes condominiumization) ❑ Lot Split ❑ Lot Line Adjustment ❑ Temporary Use ❑ Text/Map Amendment ❑ Conceptual SPA ❑ Final SPA (& SPA Amendment) ❑ Small Lodge Conversion/ Expansion ❑X Other: Front lot line swa] EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) Existing Single Family Home on the site will be removed. PROPOSAL: (description of proposed buildings, uses, modifications, etc.) A new Duplex development. Curb cuts on Cemetery Lane and and associated front lot line change from Cemetery to Castle Creek Drive. Have you attached the following? FEES DUE: $ 3 2 5 ❑ Pre -Application Conference Summary ❑ Attachment #1, Signed Fee Agreement ❑ Response to Attachment #3, Dimensional Requirements Form ❑ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards ❑ 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre -application conference summary will indicate if you must submit a 3-D model. Project: Applicant: Location: Zone District: Lot Size: Lot Area: ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM 750 Cemetery Lane Ralph Whipple & Lynne Whipple 750 Cemetery Lane I Y„_ 4" s (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) no change from land use code Commercial net leasable: Existing: Proposed: Number of residential units: Existing: Proposed: Number of bedrooms: Existing: Proposed: Proposed % of demolition (Historic properties only): DIMENSIONS: no change from land use code Floor Area: Existing: Allowable: Proposed: Principal bldg. height: Existing: Allowable: Proposed: Access. bldg. height: Existing: Allowable: Proposed: On -Site parking: Existing: Required: Proposed: % Site coverage: Existing: Required: Proposed: % Open Space: Existing: Required: Proposed: Front Setback: Existing: Required: Proposed: Rear Setback: Existing: Required: Proposed: Combined F/R: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Combined Sides: Existing: Required: Proposed: Distance Between Existing Required.- Proposed: Buildings Existing non -conformities or encroachments: not aware of any/ n . a . Variations requested: none - only a swap in determination of front lot line Dw IS LJ CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY C) PLANNER: Sara Nadolny, 970.429.2739 DATE: : =4 Z-) 12.11.2015O PROJECT: 750 Cemetery Lane REPRESENTATIVE: Matthew Smith, Thunderbowl Architects, 970.618.1645 REQUEST: Lot Line Swap u DESCRIPTION: The subject parcel is located between Cemetery Lane and Castle' Z Creek Drive, and is Lot 12 of the Castle Creek Subdivision. The applicant is interested in a change to the front and rear lot lines associated with the subject property. Currently the front lot line is considered to be Cemetery Lane, and the property's associated curb cut is also from this street. The applicant is requesting to change the front lot line to Castle Creek Drive. The applicant's representative has met with the Engineering Dept. who has determined the preferred access to the property to be off of Castle Creek Drive. Section 26.575.020.E.2 (Determining Front, Rear, and Side Yards) states "...For all double frontage lots with Streets on opposite sides of the parcel, except for those parcels abutting Main Street, the front lot line shall be the parcel boundary with the greatest length of Street frontage and the opposing lot boundary shall be the rear lot line. For double frontage lots with equal length street frontages, the front lot line shall mirror the front lot lines of the adjoining lots to the extent practical..." According to the historic subdivision plat, as well as a recent survey provided by the applicant, the recorded length for both the existing front and rear lot lines measures 154.40'. The survey indicates the lot line along Castle Creek Dr. to measure 155.31' as measured in the field; however Staff is looking to the official recorded measurement to determine the length. The applicant will need to show graphically the direction of the adjoining lots' front lot line. This is an administrative process, and does not require a public hearing. If Staff supports this request an administrative determination will be rendered. Staff understands the applicant is proposing this change with the intent to demolish and replace the existing house on the site. Approval will depend in part on ensuring no nonconformities are created as a result of this application. Below are links to the Land Use Application form and Land Use Code for your convenience: Land Use App: htto://www.asoewitkin.com/Portals/O/docs/Citv/Comdev/Apes%20and%20Fees/2013%2 0land%20use%20app%20form.pdf Land Use Code: ASLU Lot Line Determination 750 Cemetery Lane 273512206004 1 • htto://www.asr)enr)itkin.com/Departments/Community-Develor)mentIPlannino-and-Zonin /Title-26-Land-Use-Code/ Land Use Code Section(s) 26.304 Common Development Review Procedures 26.575.020.E.2 Determining Front, Rear, and Side Yards "+a Review by: Staff for complete application CI ?^ , Public Hearing: None Planning Fees: $325 for 1 hour of staff review time %;4R, Total Deposit: $325 (additional planning hours over deposit amount are billed at a rate of $325/hour) To apply, submit the following information: u Completed Land Use Application and signed fee agreement. u Pre -application Conference Summary (this document). Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. u 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. n HOA Compliance form (Attached) n 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. Li A site improvement survey (no older than a year from submittal) including topography and vegetation showing the current status of the parcel certified by a registered land surveyor by licensed in the State of Colorado. n Written responses to all review criteria. 2 December 15, 2015 The subject parcel is located between Cemetery Lane and Castle Creek Drive, and is Lot 12 of the Castle Creek Subdivision. The applicant is interested in a change to the front and rear lot lines associated with the subject property. Currently the front lot line is considered to be Cemetery Lane, and the property's associated curb cut is also from this street. The applicant is requesting to change the front lot line to Castle Creek Drive. The applicant's representative has met with the Engineering Dept. who has determined the preferred access to the property to be off of Castle Creek Drive. It is our feeling that this request is beneficial and is in keeping with what the adjacent lots have done for better access and front lot determination. We have attached some street view photographs of what these adjacent lots have for existing access. Our request would be that all setbacks remain the same - only that we use Castle Creek Drive as the front yard lot frontage. Sincerely, Matthew Smith (a) 300 S. Spring Street, Suite 201 Aspen, CO 81611 (C) Ryan 970.274.1421 & Matthew 970.618.1645 (w) www.thunderbowlarchitects.com 12/14/2015 755 Castle Creek Dr - Google Maps Go gle Maps 755 Castle Creek Dr Aspen, Colorado Street View - Oct 2012 --Z: �? L cP� LYE. t. �1�� 1 �w :�y � r�.> � j'...d• r' • � `•�� � • . �( r r hi - - ': ' i. 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Os 813 824 1213 , Ss 82D 805 1226 803 6,1 845 810 al @ 843 1227 �f 625 WS R/ M F w 4 _ �4795 787 777 71 79� Y. 1. 775 770 1� . 770 t 765 '�j 100 760 , Y 775 45 4 7743 750 d% u �— N 765 r735 740 k 735 745 725 Mil 9 725 t731 it 1 707 710 725 .�' 729 t717 PD 665 715 < 1 715 1 705 s' 700 ++@ 655 y V 650 � `- 705 ri PD 645 X 675 - - 605 `1 610 rl � 635 i! �660 L 912 • 69$ ,i ` H 935 +' �0 900 604 r � � `� 580 575 H 56o 1 655 ow� r� R 925 7 11 r II t 930 915 906 510 �k 520 December 24, 2015 1:4, 514 0 0.0375 0.075 0.15 mi 0 0.05 0.1 0.2 km Sources: Esn, HERE, DeLorme, Intermap, ncrement P Corp., GEBCO, LISGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, 04 411 Ile Agab .01%ww" JEL Google w m 12/14/2015 773 Castle Creek Dr - Google Maps Go gle Maps Aspen, Colorado Street View - Oct 2012 773 Castle Creek Dr NEXT LOT TO THE NORTH - FRONTS CASTLE CREEK https://www.google.com/maps/@39.2004846,-106.8354023,3a,75y,226.17h,79.24tldata=!3m6!lel!3m4!lsTW5 BDo7ls5MP8R3sMvORw!2eO!Tiil3312!8i6656 Image capture: Oct 2012 @ 2015 Google O U 17 2015 PITY of ASPEN ,. Y r;!' PMENT 1/1 a 0 m green indi tes p curb cut orientation red indicate entrance orientation CASTLE CREEK SUBDIVISION PITKIN CO Y, CO ❑ 5 10 20 la = 10' NOTES 1) LEGAL DESCRIPTION: LOT 12. CASTLE CREEK SUBDIVISION, AS SHOWN ON THE PLAT RECORDED MARCH 5. 195 IN PLAT BOOK 2A AT PAGE 177 AND CORRECTION PLAT RECORDED NOVEMBER 18, 1957 IN PLAT BOOK 2A AT PACE 241 IN THE COUNTY OF PITKIN. STATE OF COLORADO. 2) BASIS OF BEARING: A BEARING OF N1334'00-W BETWEEN A FOUND #5 REBAR NO CAP AT THE S.W. PROPERTY CORNER AND A FOUND STEEL PIN AT THE N.W. PROPERTY CORNER. 3) THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY THIS SURVEYOR. TITLE INFORMATION RELIED UPON FOR THE PREPARATION OF THIS SURVEY FURNISHED BY �] ATTORNEYS TITLE INSURANCE AGENCY OF ASPEN, L-C, COMMITMENT NO. 15003466. DATED 11/17/2015. 4) UNIT OF MEASUREMENT FOR THIS SURVEY IS THE U.S. SURVEY FOOT. r 5) POSTED ADDRESS IS 750 CEMETERY LANE. r n x d tt LEGEND ® INDICATES FOUND MONUMENT AS DESCRIBED YPC YELLOW PLASTIC CAP WM WATER METER TELEPHONE RISER EM ELECTRIC METER ® CABLE RISER GM GAS METER e o FENCE LINE RO ROOF OVERHANG TYP. SURVEYOR'S CERTIFICATE I, MICHAEL P. LAFFERTY, HEREBY CERTIFY TO AVALANCHE EAGLE PINES, LLC, A COLORADO UMITED UABIUTY COMPANY, FIRST AMERICAN TITLE INSURANCE CO., LLC AND ATTORNEYS TITLE INSURANCE AGENCY OF ASPEN, LLC THAT THIS MAP ACCURATELY ,PC DEPICTS AN IMPROVEMENT SURVEY PLAT PERFORMED UNDER MY SUPERVISION ON 9184 07/2015 OF THE ABOVE DESCRIBED PARCEL OF LAND. THE LOCATION AND DIMENSIONS OF ALL IMPROVEMENTS, EASEMENTS, RIGHTS -OF -WAY IN EVIDENCE OR KNOWN TO ME AND ENCROACHMENTS BY OR ON THESE PREMISES ARE ACCURATELY SHOWN. �FDO L/ MICHAEL P. LAFFERTY PLS. / 37972 = 37972 DATE: 11-27-15 L L Rocky Mountain Surveying at]] cryzml sPrings b Carbondale co g163] pM1one 9i0.961-5,63-5-19f9 lar 8i1 DATE SURVEYED: 07/2015 REVISED: 11/2015 FILE NO: 15520 CLIENT: CALLAHAN IOTICE Accontivg m C.Ior law you— cvmmre a kgslammi _aa, dcf—mW —, v. Am Yncc, afic— Gsu,lo,v.v sui In m event may any action hash m any dR m this survey be c�a dw trn tour from We chic otnc� cauF 'on slaw hrnm. John E. Callahan Revocable Trust U/T/A 12/28/2005 C� Cynthia Callahan Family Trust December 15, 2015 o r4 P Aspen Community Development Dept. 130 S. Galena St., 3rd Floor Aspen, CO 81611 Re: 750 Cemetery Lane, Aspen CO, legally described as Lot 12, CASTLE CREEK SUBDIVISION, as shown on the Plat recorded March 5, 1955 in Plat Book 2A at Page 177 and correction Plat recorded November 18, 1957, in Plat Book 2A at Page 241, Pitkin County, Colorado (Pitkin County Parcel ID # 273512206004) Community Development Department: We are the owners of the property described above. Please be advised that Avalanche Eagle Pines, LLC and its principals, Ralph and Lynne Whipple (the "Buyer Parties"), have our consent to apply to the City of Aspen for any land use approvals and permits with respect to their intended remodeling or redevelopment of our property. All fling fees and other expenses for any such applications are to be paid by the Buyer Parties. In no event, however, shall any such approvals or permits or any conditions imposed the City in connection therewith be binding on us as the current owners or become binding on the property until after the Buyer parties have purchased the property. John E. Callahan Revocable Trust U/T/A 12/28/2005 In Trustee Cynthia Callahan Family Trust By: Tr&ee Trustee - le4,, 17L John E. Callahan Revocable Trust UIf/A 12/28/2005 Cynthia Callahan Family Trust December 15, 2015 Aspen Community Development Dept. 130 S. Galena St., Yd Floor Aspen, CO 81611 Re: 750 Cemetery Lane, Aspen CO, legally described as Lot 12, CASTLE CREEK SUBDIVISION, as shown on the Plat recorded March 5, 1955 in Plat Book 2A at Page 177 and correction Plat recorded November 18, 1957, in Plat Book 2A at Page 241, Pitkin County, Colorado (Pitkin County Parcel ID # 273512206004) Community Development Department: We are the owners of the property described above. Please be advised that Avalanche Eagle Pines, LLC and its principals, Ralph and Lynne Whipple (the "Buyer Parties"), have our consent to apply to the City of Aspen for any land use approvals and permits with respect to their intended remodeling or redevelopment of our property. All filing fees and other expenses for any such applications are to be paid by the Buyer Parties. In no event, however, shall any such approvals or permits or any conditions imposed the City in connection therewith be binding on us as the current owners or become binding on the property until after the Buyer parties have purchased the property. John E. Callahan Revocable Trust U/T/A 2/28/20 By: Trustee Cynthia ahan Fa ily T st By: Trustee Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included In the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attorney representing the property owner. Property Name: '�o P4 OchWSL-C )T A3ST 4- C-%w7WIA� -k ►+ Owner 0"): Email: AW-t (9 eA--a1— 4.W , Cb.1 Phone No.: q25 _ fop f Address of t , Property: (subject or . Co f application) Y13 . certify as follows: (pick one) This property is not subject to a homeowners association or other form of private covenant. El This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. I understand this policy and 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. understand that this document is a public document. Owner signature: Owner printed name: or, Attomey signature: Attomey printed name: date: AA-4,date: VA z i>�— ��4fCgE +t,+ �rosr Vol; • l v'� - • � - ..� Imo,+ VOW 1x .fAo 0 Pl,� - Google i. '. G ogled ..; ark El A Fyj green indi p curb cut orientation\ red indicate entrance orientation tes 04 • Title Insurance Commitment ISSUED BY First American Title Insurance Company Commitment INFORMATION The Title Insurance Commitment is a legal contract between you and the Company. It is issued to show the basis on which we will issue a Title Insurance Policy to you. The Policy will insure you against certain risks to the land title, subject to the limitations shown in the Policy. The Company will give you a sample of the Policy form, if you ask. The Policy contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or you as the exclusive remedy of the parties. You may review a copy of the arbitration rules at http://www.alta.org/. The Commitment is based on the land title as of the Commitment Date. Any changes in the land title or the transaction may affect the Commitment and the Policy. The Commitment is subject to its Requirements, Exceptions and Conditions. THIS INFORMATION IS NOT PART OF THE TITLE INSURANCE COMMITMENT. YOU SHOULD READ THE COMMITMENT VERY CAREFULLY. If you have any questions about the Commitment, contact: FIRST AMERICAN TITLE INSURANCE COMPANY 1 First American Way, Santa Ana, California 92707 TABLE OF CONTENTS AGREEMENT TO ISSUE POLICY CONDITIONS 2 SCHEDULE A Insert Commitment Date 2. Policies to be Issued, Amounts and Proposed Insureds 3. Interest in the Land and Owner 4. Description of the Land SCHEDULE B-1- REQUIREMENTS Insert SCHEDULE B-II - EXCEPTIONS Insert AGREEMENT TO ISSUE POLICY We agree to issue policy to you according to the terms of the Commitment. When we show the policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Commitment Date shown in Schedule A. If the Requirements shown in this Commitment have not been met within six months after the Commitment Date, our obligation under this Commitment will end. Also, our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligation under this Commitment is limited by the following: • The Provisions in Schedule A. • The Requirements in Schedule B-I. • The Exceptions in Schedule B-II. • The Conditions on Page 2. This Commitment is not valid without SCHEDULE A and Sections I and II of SCHEDULE B. First American Title Insurance Company 0t 1#S WP9q�,... SEPTEMBER 24. s T dam' t96A �,i •''''����►naN��+e Dennis J. Gilmore President Timothy Kemp Secretary (This Commitment is valid only when Schedules A and B are attached) This jacket was created electronically and constitutes an original document Copyright 2006-2009 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. Form 5011000 (6-22-10) Page 1 of 2 1 ALTA Plain Language Commitment (6-17-06) CONDITIONS 1. DEFINITIONS (a) "Mortgage" means mortgage, deed of trust or other security instrument. (b) "Public Records" means title records that give constructive notice of matters affecting your title according to the state statutes where your land is located. 2. LATER DEFECTS The Exceptions in Schedule B - Section II may be amended to show any defects, liens or encumbrances that appear for the first time in the public records or are created or attached between the Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B - Section I are met. We shall have no liability to you because of this amendment. 3. EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4. LIMITATION OF OUR LIABILITY Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: Comply with the Requirements shown in Schedule B - Section I or Eliminate with our written consent any Exceptions shown in Schedule B - Section II. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you. 5. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim, whether or not based on negligence, which you may have against us concerning the title to the land must be based on this Commitment and is subject to its terms. nFt' ] '1 2015 CITY OF r"'PEN ,� Form 5011000 (6-22-10) Page 2 of 2 ALTA Plain Language Commitment (6-17-06) American Land Title Association First American Title Insurance Co. Commitment No.: 15003466 SCHEDULE A 1. Effective Date: December 7, 2015 at 07:45 AM ALTA Commitment Form Adopted 6-17-06 2. Policy or Policies to be issued: Amount Premium A. ALTA Owners Policy (06/17/06) $2,725,000.00 $5,267.00 Proposed Insured: Avalanche Eagle Pines, LLC, a Colorado limited liability company Certificate of Taxes Due $25.00 Endorsements: CO-110.1 (Delete 1, 2, 3, 4, 5) $75.00 CO-100.29 (Mineral Rights, Damage to Improvements) - Exception No. 8 $527.00 ALTA Endorsement 9.2-06 (Covenants, Conditions and Restrictions - Improved Land - $1,054.00 Owner's Policy) Additional Charges: $0 Total $6,948.00 3. The estate or interest in the land described or referred to in this Commitment is Fee simple. 4. Title to the Fee simple or interest in the land is at the Effective Date vested in: John E. Callahan Revocable Trust U/T/A 12/28/2005, as to an undivided 25.0491 % interest, and Cynthia Callahan Family Trust, as to an undivided 74.9509% interest 5. The land referred to in the Commitment is described as follows: SEE EXHIBIT A ATTACHED HERETO For informational purposes only, the property address is: 750 Cemetery Lane, Aspen, CO 81611. Attorneys Title Insurance Agency of Aspen, LLC By: Winter VanAlstine Authorized Officer or Agent FOR INFORMATIONAL PURPOSES OR SERVICES IN CONNECTION WITH THIS COMMITMENT, CONTACT: Attorneys Title Insurance Agency of Aspen, LLC, 715 West Main Street, Suite 202, Aspen, CO 81611, Phone: 970 925-7328, Fax: 970 925-7348. Copyright 2006-2009 American Land Title Association. All right reserved. AMERICAN The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. LAND TITIF All other uses are prohibited. Reprinted under license from the American Land Title Association. ASSOCIAtION 15003466 American Land Title Association Commitment No.: 15003466 First American Title Insurance Co. SCHEDULE B ALTA Commitment Form Adopted 6-17-06 1. Requirements: 1. Pay the agreed amounts for the interest in the land and/or the mortgage to be insured. 2. Pay us the premiums, fees and charges for the policy. 3. Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured must be signed, delivered and recorded. 4. You must tell us in writing the name of anyone not referred to in this Commitment who will get an interest in the land or who will make a loan on the land. We may then make additional requirements or exceptions. 5. Payment of all taxes, charges and assessments, levied and assessed against the subject premises which are due and payable. 6. A Certification of Taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or an authorized agent (pursuant to Senate Bill 92-143, CRS 10-11-122). 7. Receipt by the Company of the appropriate affidavit as to new construction and indemnifying the Company against any unfiled materialmen's or mechanic's liens. 8. Special Warranty Deed must be sufficient to convey the fee simple estate or interest in the land described or referred to herein, from John E. Callahan Revocable Trust U/T/A 12/28/2005, as to an undivided 25.0491 % interest, and Cynthia Callahan Family Trust, as to an undivided 74.9509% interest, to Avalanche Eagle Pines, LLC, a Colorado limited liability company, the proposed insured, Schedule A, item 2A. NOTE: C.R.S. Section 38-35-109(2) required that a notation of the purchaser's legal address, (not necessarily the same as the property address) be included on the face of the Deed to be recorded. 9. Full disclosure from Seller, of any monetary liens and open Deeds of Trust of record. If you have any knowledge of an outstanding obligation secured by the subject property, you must contact us immediately for further review prior to closing. 10. Record a Statement of Authority to provide prima facie evidence of existence of the John E. Callahan Revocable Trust, an entity capable of holding property, and the name of the person authorized to execute instruments affecting title to real property as authorized by C.R.S. Section 38-30-172. 11. A true and correct copy of the Trust Agreement which creates the John E. Callahan Revocable Trust U/T/A 12/28/2005, providing, among other things, the designation of the trustee(s) and specification of the trustee(s) powers under that trust. 12. Record a Statement of Authority to provide prima facie evidence of existence of the Cynthia Callahan Family Trust, an entity capable of holding property, and the name of the person authorized to execute instruments affecting title to real property as authorized by C.R.S. Section 38-30-172. Copyright 2006-2009 American Land Title Association. All right reserved. A,MERICAN The use of this Form is restricted to ALTA licensees and ALTA members [AND TIT 1 1 in good standing as of the date of use. All other uses are prohibited. A�scx'ut�u Reprinted under license from the American Land Title Association. 15003466 American Land Title Association Commitment No.: 15003466 First American Title Insurance Co. SCHEDULE B (Continued) ALTA Commitment Form Adopted 6-17-06 13. A true and correct copy of the Trust Agreement which creates the Cynthia Callahan Family Trust, providing, among other things, the designation of the trustee(s) and specification of the trustee(s) powers under that trust. 14. Record a Statement of Authority to provide prima facie evidence of existence of Avalanche Eagle Pines, LLC, a Colorado limited liability company, an entity capable of holding property, and the name of the person authorized to execute instruments affecting title to real property as authorized by C.R.S. Section 38-30-172. 15. Certificate of Good Standing from the Colorado Secretary of State for Avalanche Eagle Pines, LLC, a Colorado limited liability company. 16. A copy of the properly signed and executed Operating Agreement if written, for Avalanche Eagle Pines, LLC, a Colorado limited liability company, to be submitted to the Company for review. 17. Improvement Survey Plat sufficient in form, content and certification acceptable to the Company. Exception will be taken to adverse matters disclosed thereby. NOTE: This Requirement has been satisifed 18. Receipt by the Company of the appropriate Lease Affidavit indemnifying the Company against any existing leases or tenancies, and any and all parties claiming by, through or under said lessees. 19. This Title Commitment is subject to underwriter approval. 2. Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: 1. Any facts, rights, interests or claims which are not shown by the Public Records, but which could be ascertained by an inspection of the Land or by making inquiry of persons in possession thereof. 2. Easements, or claims of easements, not shown by the Public Records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the Land would disclose, and which are not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown in the Public Records. 5. Any and all unpaid taxes, assessments and unredeemed tax sales. 6. (a) Intentionally deleted; (b) Intentionally deleted; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. Copyright 2006-2009 American Land Title Association. All right 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. AMERICAN LAND TIT I t +esoe'tnnuN lot- 15003466 American Land Title Association Commitment No.: 15003466 First American Title Insurance Co. SCHEDULE B (Continued) ALTA Commitment Form Adopted 6-17-06 7. Taxes and assessments for the year 2015, and subsequent years, a lien not yet due or payable. 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, as described in the United States Patent dated October 27, 1892, and recorded October 27, 1892, in Book 55 at Page 32, as Reception No. 049767, and in the United States Patent dated June 16, 1894, and recorded June 16, 1894, in Book 55 at Page 45, as Reception No. 054746. 9. Intentionally deleted. 10. Terms, conditions, provisions, agreements and obligations specified under the Water Agreement, dated May 31, 1955, and recorded August 22, 1955, in Book 180 at Page 401, as Reception No. 102807, and in the Agreement dated June 13, 1958, and recorded November 19, 1958, in Book 186 at Page 34, as Reception No. 107261, and in the instrument dated June 27, 1958, and recorded February 2, 1959, in Book 186 at Page 465, as Reception No. 107642, and Conveyance of Water System, dated January 22, 1970, and recorded January 27, 1970, in Book 246 at Page 395, as Reception No. 139084. 11. Any and all notes, easements and recitals as disclosed on the recorded Castle Creek Subdivision Plat recorded March 2, 1955, in Ditch Book 2A at Page 177, as Reception No. 102142, and in the Map of Castle Creek Subdivision, recorded November 18, 1957, in Ditch Book 2A at Page 241, as Reception No. 105783. 12. Terms, conditions, provisions, agreements and obligations specified under A Resolution of the Aspen Planning and Zoning Commission Recommending Adoption of The 2001 Cemetery Lane Character Area Plan (Resolution No. 38, Series of 2001), dated October 2, 2001, and recorded October 31, 2001, as Reception No. 460249. 13. Terms, conditions, provisions, agreements and obligations specified under the Amendment to Water Delivery and Ditch Maintenance Agreement, recorded February 21, 2013, as Reception No. 597137. 14. The following matters set forth on the Improvement Survey Plat provided by Rocky Mountain Surveying, dated July 15, 2015, and revised November 2015 under Job No. 11520: Encroachment of fence onto Lot 11, and fence does not correspond to property boundaries near Lot 13, and Holden Irrigation Ditch. 15. Intentionally deleted. 16. Intentionally deleted. Copyright 2006-2009 American Land Title Association. All right reserved. AMERICAN The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. LAND TIT 1 [ ASS06C'IATION All other uses are prohibited. Reprinted under license from the American Land Title Association. 15003466 Commitment No.: 15003466 First American Title Insurance Co. EXHIBIT A PROPERTY DESCRIPTION The land referred to in this Commitment is described as follows: Lot 12, CASTLE CREEK SUBDIVISION, as shown on the Plat recorded March 5, 1955 in Plat Book 2A at Page 177 and correction Plat recorded November 18, 1957, in Plat Book 2A at Page 241, Pitkin County, Colorado. ALTA Commitment 15003466 Exhibit A DISCLOSURE STATEMENT Pursuant to C.R.S. 30-10-406(3)(a) all documents received for recording or filing in the Clerk and Recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one-half of an inch. The Clerk and Recorder will refuse to record or file any document that does not conform to the requirements of this section. NOTE: If this transaction includes a sale of the property and the price exceeds $100,000.00, the seller must comply with the disclosure/withholding provisions of C.R.S. 39-22-604.5 (Nonresident withholding). NOTE. Colorado Division of Insurance Regulations 3-5-1 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.' Pursuant to C.R.S 10-11-122, the company will not issue its policy or policies of title insurance contemplated by this commitment until it has been provided a Certificate of Taxes due or other equivalent documentation from the County Treasurer or the County Treasurer's authorized agent; or until the Proposed Insured has notified or instructed the company in writing to the contrary. The subject property may be located in a special taxing district A Certificate of Taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent. Information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. NOTE: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. A. That there is recorded evidence that a mineral estate has been severed,. leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B. That such mineral estate may include the right to enter and use the property without the surface owner's permission. NOTE: Pursuant to Colorado Division of Insurance Regulations 3-5-1, Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or raterial-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company rnust receive an appropriate affidavit indernnifying 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 C.R.S. 38-35-125(2) no person or entity that provides closing and settlement services for a real estate transaction shall disburse funds as a part of such services until those funds have been received and are available for immediate withdrawal as a matter of right. First American Title Insurance Company American Land Title Association Commitment No.: 15003466 First American Title Insurance Co. SCHEDULE B (Continued) ALTA Commitment Form Adopted 6-17-06 NOTE: C.R.S. 39-14-102 requires that a real property transfer declaration accompany any conveyance document presented for recordation in the State of Colorado. Said declaration shall be completed and signed by either the grantor or grantee NOTE: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. First American Title Insurance Company ATTORNEYS TITLE INSURANCE AGENCY OF ASPEN, LLC 715 West Main Street, Suite 202 Aspen, CO 81611 Attorneys Title Insurance Agency of Aspen, LLC Privacy Policy Notice PURPOSE OF THIS NOTICE Title V. of the Gramm -Leach -Bliley Act (GLBA) generally prohibits any financial institution, directly or through it affiliates, from sharing non-public personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Attorneys Title Insurance Agency of Aspen, LLC. We may collect nonpublic personal information about you from the following sources: • Information we receive from you, such as on application or other forms. • Information about your transactions we secure from out files, or from our affiliates or others. • Information we receive from a consumer reporting agency. • Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customer to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: • Financial service providers such as companies engaged in banking, consumer finance, securities and insurance. • Non -financial companies such as envelope stuffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. TELEPHONE 970 925-7328 A - A FACSIMILE 970 925-7348