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Home My WebLink Aboutcoa.lu.ex.1520 Homestake Dr.0074.2016.ASLUAPPLICATION FOR 1520 Homestake Drive Aspen, Colorado 81611 PROPERTY OWNER/APPLICANT: Homerunstake, LLC c/o Aspen Starwood LLC 623 East Hopkins Aspen, CO 81611 (970) 920-1280 aspenstai-wood@wuail.com wuail.com PROPERTY: REPRESENTATIVE: Richard Y. Neiley, Jr. Neiley Law Firm, LLC 420 East Main Street, Suite 240 Aspen, CO 81611 6800 Highway 82, Suite 1 Glenwood Springs, CO 81601 (970) 928-9393 aspenlaw@neileylaw.com Lot 20, WEST ASPEN SUBDIVISION, Filing No. 2 City of Aspen, State of Colorado Parcel ID No. 273502401021 APPLICATION FOR CONDOMINIUM MAP APPROVAL The Applicant, Homerunstake, LLC, seeks administrative subdivision approval for the condominiumization of its real property described as Lot 20, West Aspen Subdivision, Filing No. 2, 1520 Homestake Drive, Aspen, Colorado. The condominiums, when approved, will be known as 1520 Homestake Condominiums. The Applicant seeks approval pursuant to the procedures for review set forth in City of Aspen Land Use Code §26.480.030.A. That section provides for approval of condominiumization pursuant to §26.480.050.A. That section of the Land Use Code establishes a procedure for review and approval of a proposed Condominium Map. The proposed Map submitted herewith complies with the style and format prescribed in Title 29 — Engineering Design Standards, Plats. The condominiumization is for a conforming lot in a legally created subdivision for which the zoning allows two (2) units. The proposed Map depicts the units to be established through condominiumization. The Applicant will record a Condominium Declaration in conjunction with the recordation of the approved Map. The proposed condominiumization is limited to allocating ownership interests in a single parcel of land and will not create a division of the parcel into multiple lots and it will not result in a change of use of the property. This proposal is compliant with the referenced sections of the Land Use Code. The Applicant respectfully requests approval of the proposed Condominium Map by the Community Development Director. ATTACHMENT 2 - LAND USE APPLICATION PROJECT: Name: 1520 Homestake Condominiums Location: 1520 Homestake Drive, Lot 20, West Aspen Subdivision, Filing No. 2 Parcel ID # (REQUIRED): 273502401021 APPLICANT: Name: Homerunstake, LLC Address: c/o Neiley Law Firm, LLC 420 East Main Street, Suite 240, Aspen, Colorado 81611 Phone #: (970) 925-9393 REPRESENTIVATIVE: Name: Richard Y. Neiley, Jr. Address: 6800 Highway 82, Suite 1, Glenwood Springs, Colorado 81601 Phone#: (970) 928-9393 GMQS Exemption GMQS Allotment Special Review F-1 ESA -8040 Greenline, Stream 0 Margin, Hallam Lake Bluff, F-1 Mountain View Plane Commercial Design Review 0 Residential Design Variance Conditional Use ® Conceptual PUD Q Temporary Use [� Final PUD (& PUD Amendment) Subdivision ED Conceptual SPA Subdivision Exemption (includes Condom iniumization) 0 Final SPA (&SPA Lot Split Amendment) [� Lot Line Adjustment Small Lodge Conversion/ Expansion Other: EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) 2 unit building currently under construction pursuant to building permit approval. PROPOSAL: (Description of proposed buildings, uses, modifications, etc.) Condom iniumization of 2 unit building Ha a you attached the following? FEES DUE: $975.00 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. ATTACHMENTS 1. Proposed Condominium Map 2. Vicinity Map 3. Authorization to Represent 4. Certification of Ownership 5. Homeowner Association Compliance Policy 6. Pre -Application Conference Summary 7. Fee Agreement ATTACHMENT 1 Proposed Condominium Map ATTACHMENT 2 Vicinity Map col Om`° n. cu 210 d a a J >. O N Q t N Z E2 'm N O �� F- cc CL O N E O Y a; a)Z @ 6 c a U OLL (Dg� to�d) o C y"' Qat �U E y U O F n U ■ of a m a Z 0 a Y m w v o 2, o s c a o o o 0 CO cj - (no)13 N U y � al n� O O I u' N a� ( Iir F ii 131313 a) ElAl ■,�, r. - e •tel �`-+�+L',_I+,•� �.A:v`\� WE al:.l��• col Om`° n. cu 210 d a a J >. O N Q t N Z E2 'm N O �� F- cc CL O N E O Y a; a)Z @ 6 c a U OLL (Dg� to�d) o C y"' Qat �U E y U O F n U ■ of Pitkin County Web Viewer Page 1 of 1 World Ima... a O 0 150 300ft https://maps.pitkincounty.com/gvh/?viewer=portal 7/25/2016 ATTACHMENT 3 Authorization to Represent HOMERUNSTAKE, LLC c/o Aspen Starwood LLC 623 East Hopkins Aspen, CO 81611 July 25, 2016 City of Aspen Community Development 130 South Galena Street Aspen, CO 81611 RE: Application for Condominium Map Approval for 1520 Homestake Drive, City of Aspen, State of Colorado, Parcel ID No. 273502401021 Dear Sir/Madam: Please accept this letter as authorization for Richard Y. Neiley, Jr. and the Neiley Law Firm, LLC to submit and process a Land Use Application seeking approval of the City of Aspen Planning Director of a Condominium Map for 1520. Homestake Condominiums, 1520 Homestake Drive, Aspen, Colorado 81611. HOMERUNSTAKE, LLC BY: ASPEN STARWOOD LLC, MANAGER By: Mark Friedland, Member anager ATTACHMENT 4 Certification of Ownership CERTIFICATION OF OWNERSHIP The undersigned, Richard Y. Neiley, Jr., an attorney licensed to practice law in the State of Colorado, Colorado Attorney Registration No. 9878, hereby certifies as follows: 1. The owner is Homerunstake, LLC. The Pitkin County Assessor's Parcel Detail Information and a Title Commitment for the subject real property are appended hereto. The owner purchased the property by Warranty Deed recorded January 26, 2015, as Reception No. 616936. 2. There are no mortgages, judgments, liens, easements, contracts or agreements affecting the use and development of the subject real property or that could conflict with the approvals requested for the property. 3. The address of the property is 1520 Homestake Drive, Aspen, Colorado 81611. 4. There are no mineral reservations and there are no third parties who own any mineral interests in the subject real property. 5. There is legal access to the subject real proeAy via Homestake Drive, a public right of way. Y. NEILEY, JR. STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing Certificate of Ownership was acknowledged and signed before me this IAay of July, 2016, by RICHARD Y. NEILEY, JR. WITNESS my hand and official seal. My commission expires: Ll 20� CONNIE A. WOOD � NOTARY PUBI-IC Notary STA,rE OF C01_ORADO NOTARY ID #19944009825 My blic Pitkin County Assessor Parcel Detail Information Assessor Property Search I Assessor Subset Query I Assessor Sales Search Clerk & Recorder Reception Search I Treasurer Tax Search Search GIS Map I GIS Help Basic Building Characteristics I Value Summary Parcel Detail I Value Detail I Sales Detail I Residential/Commercial Improvement Detail Owner Detail I Land Detail I Photographs Tax Area Account Number Parcel Number Property Type 2015 Mill Levy 001 R005343 11273502401021 JJRESIDENTIALjj 32.054 Primary Owner Name and Address HOMERUNSTAKE LLC 623 E HOPKINS AVE #102 ASPEN, CO 81611 Additional Owner Detail Legal Description Subdivision: WEST ASPEN Lot: 20 FILING 2 Location Physical Address: IF1520 HOMESTAKE DR ASPEN Physical Address: IF1510 HOMESTAKE DR ASPEN Subdivision: WEST ASPEN Land Acres: 110.000 Land Sq Ft: 15,400 2016 Property Value Summary ALTA Commitment For Title Insurance ilk VYESTCOFz LAND TITLE INSURANCE COMPANY AUTHORIZED AGENT: PITKIN COUNTY TITLE, INC. 601 E. HOPKINS AVE. 3RDFLOOR ASPEN, COLORADO 81611 970 -925 -1766 -PHONE 970 -925 -6527 -FAX 877 -217 -3158 -TOLL FREE E-MAIL ADDRESS: TITLE MATTERS: CLOSING MATTERS: Tom Twitchell - (tomt@sopris.net) TJ Davis - (tj d@sopris.net) Nola Warnecke (nola@sopris.net) Joy Higens - (joy@sopris.net) Issued By ��i�WESTCOR LAND TITLE INSURANCE COMPANY Home Office: 201 N. New York Avenne, Suite 200 Winter Park, FL 32789 Telephone (407) 629-5842 WESTCOR LAND TITLE INSURANCE COMPANY ALTA Commitment Form (6-17-06) COMMITMENT FOR TITLE INSURANCE ISSUED BY WESTCOR LAND TITLE INSURANCE COMPANY Westcor Land Title Insurance Company, a California Corporation, ("Company'), for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, cis owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of 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 hereof by the Company. All liability and obligations under this Commitment shall cease and terminate within six (6) 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. The Company will provide a sample of the policy form upon request. IN WITNESS WHEREOF, WESTCOR LAND TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto coxed and these presents to be signed in facsimile under authority of its by-laws on the date shown in Schedule A. Issued By: Countersigned: Authorized Signature CO1045** Pitkin County Title, Inc. 601 E. Hopkins 43 Aspen, CO 81611 WESTCOR LAND TITLE INSURANCE COMPANY ao 7 By: y. t0� �Westcor �d Lvnd�Ti�to e�� resident �S l993 C'� Attest: Secretary 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 the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the Proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien or encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named Proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon, covered by this Commitment In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the Proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the Proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000.00 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at hap://wivtiv. alta. org. COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: December 17, 2014 at 8:00 AM 2. Policy or Policies to be issued: (a) ALTA Owner's Policy -(6/17/06) Proposed Insured: HOMERUNSTAKE LLC (b) ALTA Loan Policy -(6/17/06) Proposed Insured: (c) ALTA Loan Policy -(6/17/06) Proposed Insured: Case No. PCT24249W2 Amount$ 3,850,000.00 Premium$ 6,728.00 Rate: Standard Amount$ 0.00 Premium$ 0.00 Rate: Amount$ Premium$ Rate: 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: MARILYN R. MARKS 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: LOT 20, WEST ASPEN SUBDIVISION, FILING NO. 2, according to the Plat recorded in Plat Book 3 at Page 308. PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, ASPEN, CO. 81611 970-925-1766 Phone/970-925-6527 Fax 877-217-3158 Toll Free AUTHORIZED AGENT Countersigned: Schedule A -PGA This Commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. SCHEDULE B - SECTION I REQUIREMENTS The following are the requirements to be complied with: ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record to -wit: 1. A current survey, certified by a Registered Colorado Land Surveyor must be delivered to, approved and retained by the Company 2. Recordation of a Correction Deed to replace Warranty Deed from last sale recorded October 5, 2006 as Reception No. 529500 which conveyed only 6% interest in subject property. Release by the Public Trustee of the, Deed of Trust from : MARILYN R. MARKS to the Public Trustee of the County of PITKIN for the use of : WELLS FARGO BANK, N.A. original amount : $3,000,000.00 dated : October 4, 2006 recorded : October 5, 2006 reception no. : 529501 4. Release by the Public Trustee of the, Deed of Trust from : MARILYN R. MARKS to the Public Trustee of the County of PITKIN for the use of : STEPHEN B. SMITH AND JOAN F. SMITH original amount : $500,000.00 dated : October 4, 2006 recorded : January 5, 2006 reception no. :529502 5. Certificate of Satisfaction issued by the Clerk of the Court, of Judgement in favor of STATE OF COLORADO, DEPARTMENT OF REVENUE against MARILYN R. MARKS, in the amount of $182,877.00 plus interest and court costs, entered on June 24, 2013 in Civil Action No. D492013CV800154, DISTRICT Court, PITKIN County, COLORADO. Transcript of which was recorded September 30, 2013 as Reception No.604323. 6. Disposition of Lis Pendens, pursuant to Colorado Rule of Civil Procedure 105(f), by court determination, disclaimer by all parties, final judgement or certificate of dismissal issued by the Clerk of the Court, in Civil Action No. 2014CV030030, in the DISTRICT Court of PITKIN County, entitled STEPHEN B. SMITH AND JOAN F. SMITH VS MARILYN R. MARKS, ET AL, defendant. Notice of Lis Pendens was recorded March 12, 2014 as Reception No. 608543. 7. Release of Notice of Lien City of Aspen Water Department recorded October 22, 2014 as Reception No. 614743. (Continued) SCHEDULE B - SECTION 1 REQUIREMENTS - Continued 8. Copy of the Registration duly stamped by the Secretary of State of the State of evidencing registration of HOMERUNSTAKE LLC and Statement of Authority and a copy of the Operating Agreement of HOMERUNSTAKE LLC evidencing the names and addresses of the Members and/or Managers authorized to act on behalf of said Limited Liability Company. 9. Duly executed and acknowledged Deed, From : MARILYN R. MARKS To : HOMERUNSTAKE LLC 10. Evidence satisfactory to the Company that the Real Estate Transfer Tax as established by Ordinance No. 20 (Series of 1979) and Ordinance No. 13 (Series of 1990) has been paid or exempted. 11. Certificate of nonforeign status executed by the transferor(s). (This instrument is not required to be recorded) 12. Completion of Form DR 1083 regarding the withholding of Colorado Tax on the sale by certain persons, corporations and firms selling Real Property in the State of Colorado. (This instrument is not required to be recorded) 13. Evidence satisfactory to the Company that the Declaration of Sale, Notice to County Assessor as required by H.B. 1288 has been complied with. (This instrument is not required to be recorded, but must be delivered to and retained by the Assessors Office in the County in which the property is situated) SCHEDULE B SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. 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 right of way for ditches or canals constructed by the authority of the United States as reserved in United States Patent recorded February 8, 1955 in Book 180 at Page 334. Mew 8. Easements, rights of way and all matters as disclosed on Plat of subject property recorded September 4, 1968 in Plat Book 3 at Page 308. view 9. Terms, conditions, provisions and obligations as set forth in Encroachment License recorded October 5, 2006 as Reception No. 529498 Mew) ENDORSEMENT SCHEDULE FOR OWNERS POLICY ATTACHED TO AND BECOMING A PART OF CASE NO: PCT24249W2 SELLER: MARILYN R. MARKS BUYER: HOMERUNSTAKE LLC The following endorsements will be issued in connection with the Policy to be issued hereunder as referenced above: ENDORSEMENTS: For a fee of: $ For a fee of: $ For a fee of: $ For a fee of: $ For a fee of: $ Upon compliance with the requirements set forth below, the following exceptions will be deleted from the final policy. The fee for deleting exceptions 1 thru 3 is $50.00 A satisfactory affidavit and agreement indemnifying the Company against any defects, liens, encumbrances, adverse claims, or other matters known by Seller and Buyer. The Company hereby reserves the right to make additional requirements as may be deemed necessary in the event information regarding defects, liens, encumbrances, adverse claims, or the like are discovered. The fee for deleting exception 4 is $10.00 for Residential Property and $25.00 for Commercial Property. Exception Number 5 is automatically deleted upon recordation of the documents called for on the requirement page of this commitment. Exception Number 6 will be amended to read: Taxes for the current year not yet due or payable, upon evidence satisfactory that the Taxes for the prior year(s) have been paid. NOTE: A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanic's and materialmens liens, executed by the seller and any additional parties deemed necessary by the Company. The company hereby reserves the right to make additional requirements as may be deemed necessary in the event additional facts regarding development, construction or other building or work are disclosed to the company that may fall within any lien period as defined in the Statues of the State of Colorado, and may result in additional premiums and/or fees for such coverage. NOTE: A current survey, certified by a Registered Colorado Land Surveyor must be delivered to, approved and retained by the Company for Deletion of Printed Exception No. 3. (NOT REQUIRED FOR CONDOMINIUM OR TOWNHOME UNITS) ADDITIONAL INFORMATION AND DISCLOSURES The Owner's Policy to be issued, if any shall contain the following items in addition to the ones set forth above: (1) The Deed of Trust, if any, required under Schedule B -Section 1. (2) Water rights, claims or title to water. (NOTE: THIS EXCEPTION WILL APPEAR ON THE OWNER'S AND MORTGAGE POLICY TO BE ISSUED HEREUNDER) Pursuant to Insurance Regulation 89-2 NOTE: Each title entity shall notify in writing every prospective insured in an owner's title insurance policy for a single family residence (including a condominium or townhouse unit) (i) of that title entity's general requirements for the deletion of an exception or exclusion to coverage relating to unfiled mechanics or materialmens liens, except when said coverage or insurance is extended to the insured under the terms of the policy. A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanics' and/or Materialmen's Liens executed by the persons indicated in the attached copy of said affidavit must be furnished to the Company. Upon receipt of these items and any others requirements to be specified by the Company upon request, Pre-printed Item Number 4 may be deleted from the Owner's policy when issued. Please contact the Company for further information. Notwithstanding the foregoing, nothing contained in this Paragraph shall be deemed to impose any requirement upon any title insurer to provide mechanics or materialmens lien coverage. NOTE: If the Company conducts the owners or loan closing under circumstances where it is responsible for the recording or filing of legal documents from said transaction, the Company will be deemed to have provided "Gap Coverage". Pursuant to Senate Bill 91-14 (CRS 10-11-122) (a) The Subject Real Property may be located in a Special Taxing District; (b) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained form the County treasurer of the County Treasurer's Authorized Agent; (c) Information regarding Special Districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. NOTE: A tax Certificate or other appropriate research will be ordered from the County Treasurer/Assessor by the Company and the costs thereof charged to the proposed insured unless written instruction to the contrary are received by the company prior to the issuance of the Title Policy anticipated by this Commitment. Pursuant to House Bill 01-1088 (CRS 10-11-123) If Schedule B of your commitment for an Owner's Title Policy reflects an exception for mineral interests or leases, pursuant to CRS 10-11-123 (HB 01-1088), this is to advise: (a) 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 owners' permission. NOTE: The policy(s) of insurance may contain a clause permitting arbitration of claims at the request of either the Insured or the Company. Upon request, the Company will provide a copy of this clause and the accompanying arbitration rules prior to the closing of the transaction. NOTICE REGARDING CONSTRUCTION FINANCING: If it is not disclosed to the company that the loan to be insured hereunder is in fact a construction loan, any coverage given under the final policy regarding mechanic or materialmen's liens shall be deemed void and of no effect. Pitkin County Title, Inc. Privacy Policy We collect nonpublic information about you from the following sources: • Information we receive from you, such as your name, address, telephone number, or social security number; • Information about your transactions with us, our affiliates, or others. We receive this information from your lender, attorney, real estate broker, etc.; and Information from public records We do not disclose any nonpublic personal information about our customers or former customers to anyone, except as permitted by law. We restrict access to nonpublic personal information about you to those employees who need to know that information to provide the products or services requested by you or your lender. We maintain physical, electronic, and procedural safeguards that company with appropriate federal and state regulations. Notice of Privacy Policy of Westcor Land Title Insurance Company Westcor Land Title Insurance Company ("WLTIC") values its customers and is committed to protecting the privacy of personal information. In keeping with that philosophy, we have developed a Privacy Policy, set out below, that will ensure the continued protection of your nonpublic personal information and inform you about the measures WLTIC takes to safeguard that information. Who is Covered We provide our Privacy Policy to each customer when they purchase an WLTIC title insurance policy. Generally, this means that the Privacy Policy is provided to the customer at the closing of the real estate transaction. Information Collected In the normal course of business and to provide the necessary services to our customers, we may obtain nonpublic personal information directly from the customer, from customer -related transactions, or from third parties such as our title insurance agents, lenders, appraisers, surveyors or other similar entities. Access to Information Access to all nonpublic personal information is limited to those employees who have a need to know in order to perform their jobs. These employees include, but are not limited to, those in departments such as legal, underwriting, claims administration and accounting. Information Sharing Generally, WLTIC does not share nonpublic personal information that it collects with anyone other than its policy issuing agents as needed to complete the real estate settlement services and issue its title insurance policy as requested by the consumer. WLTIC may share nonpublic personal information as permitted by law with entities with whom WLTIC has a joint marketing agreement. Entities with whom WLTIC has a joint marketing agreement have agreed to protect the privacy of our customer's nonpublic personal information by utilizing similar precautions and security measures as WLTIC uses to protect this information and to use the information for lawful purposes. WLTIC, however, may share information as required by law in response to a subpoena, to a government regulatory agency or to prevent fraud. Information Security WLTIC, at all times, strives to maintain the confidentiality and integrity of the personal information in its possession and has instituted measures to guard against its unauthorized access. We maintain physical, electronic and procedural safeguards in compliance with federal standards to protect that information. The YVLTIC Privacy Policy can also be found on YVLTIC's website at www.tivltic.corn. ATTACHMENT 5 Homeowner Association Compliance Policy 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 property owner or Attorney representing the property owner. The following certification shall accompany the application for a permit. Property Owner: Homerunstake, LLC Email: aspenlaw@neileylaw.com Phone No.: 928-9393 Address of Property: 1520 Homestake Drive Aspen, Colorado 81611 I, the property owner, certify as follows: (pick one) X This property is not subject to a homeowners association or other form of private covenant. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this 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: Owner printed name: or, Attorney signature: Attorney printed name: Richard Y. Neiley, Jr. date: ATTACHMENT 6 Pre -Application Conference Summary CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Jennifer Phelan, 970.429.2759 DATE: 5.1.2015 PROJECT: 1520 Homestake Drive REPRESENTATIVE: Rick Neiley, 970.925.9393, aspenlaw@neileylaw.com REQUEST: Subdivision — Condominium Plat DESCRIPTION: The Applicant is interested in filing a condominium plat for the recently constructed duplex on Hometsake Drive. Condom iniumization is a form of subdivision and requires an administrative approval pursuant to the requirements of Aspen Land Use Code Section 26.480.050 (A), Condominium ization. Below are links to the Land Use Application form and Land Use Code for your convenience: Land Use App: http://www.aspenpitkin.com/Portals/0/docs/City/Comdev/Apps%20and%2OFees/2013%201and%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 26.480.050.A Condom iniumization Review by: Staff for complete application Engineering Dept. Planning Fees: $650 — for two hours of Staff Review time. Referral Fees: Engineering —$ for one hour of review time Gi p��-, � V Total Deposit: $W(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: ❑ Completed Land Use Application and signed fee agreement. ❑ Pre -application Conference Summary (this document). ❑ Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. ASLU Subdivision 155 Lone Pine Rd 273707371800 ❑ Applicant's name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. ❑ HOA Compliance form ❑ 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 (Draft Plat). ❑ Written responses to all review criteria. ❑ An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. ❑ 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. 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. 2 ATTACHMENT 7 Fee Agreement Agreement to Pay Application Fees An agreement between the City of Aspen ("City") and Property Phone No.: 970-925-9393 Owner ("I"): Homerunstake, LLC Email: aspen law@neileylaw.com Address of Billing Property: 1520 Homestake Drive Address: 6800 Highway 82, Suite 1 (Subject of Aspen, Colorado 81611 (send bills here) Glenwood Springs, Colorado 81601 application) I understand that the City has adopted, via Ordinance No., Series of 2011, review fees for Land Use applications and payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $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 no -payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render and application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $650.00 deposit for 2 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. $325.00 deposit for 1 hour of Engineering Department staff time Additional time above the deposit amount will be billed at $325.00 per hour. \\ City of Aspen: Jessica Garrow, AICP Community Development Director City Use: Fees Due: $975.00 Received $ Pro Name: Richard Y. Neiley, Jr. Title: Attorney for Applicant March, 2016 City of Apen 1 130 S. Galena St. 1 (970) 920 5050 W 270 10 240 0 CONDOMINNM MAP OF 15201, HOMESTAKE CONDOMINIUMS ACCORDING TO THE WEST ASPEN SUBDIVISION, FILING 2 PLAT RECORDED NOVEMBER 4, 1968 IN PLAT BOOK 3, PAGE 308 CITY OF ASPEN , COUNTY OF PITKIN, STATE OF COLORADO THE PURPOSE OF THIS CONDOMINIUM MAP IS TO CONDOMINIUMIZE THE SUBJECT PROPERTY AND IMPROVEMENTS SHOWN HEREON N PARCEL NO. 2735-024-01-021 0 =_ �� - -meq 30 'ou 60 V0011n • 90 E 120 TITLE CERTIFICATE: 210 `/Jill111111— x 150 18110 S GRAPHIC SCALE 5 10 20 ( IN FEET ) I inch = 10 ft 40 I, A DULY -AUTHORIZED REPRESENTATIVE OF PITKIN COUNTY TITLE COMPANY, INC., DO HEREBY CERTIFY THAT I HAVE EXAMINED THE TITLE TO ALL LANDS HEREIN SHOWN ON AND DEDICATED BY THIS MAP AND THAT TITLE TO SAID LANDS IS IN THE OWNER AND DEDICATOR FREE AND CLEAR OF ALL LIENS, TAXES AND ENCUMBRANCES, EXCEPT AS SHOWN HEREIN. PITKIN COUNTY TITLE COMPANY, INC. BY: TITLE EXAMINER DATE: COMMUNITY DEVELOPMENT DIRECTOR'S APPROVAL: THE APPLICATION F012 CONDOMINIUMIZATION SET FORTH IN THIS CONDOMINIUM MAP HAS BEEN REVIEWED AND APPROVED FOR COMPLIANCE WITH THE APPLICABLE PROVISIONS OF THE CITY OF ASPEN LAND USE CODE BY THE CITY OF ASPEN COMMUNITY DEVELOPMENT DIRECTOR THIS DAY OF , 2016. TO THE EXTENT THAT ANYTHING IN THIS MAP IS INCONSISTENT OF IN CONFLICT WITH ANY CITY OF ASPEN DEVELOPMENT ORDERS RELATING TO THESE CONDOMINIUMS OR ANY OTHER PROVISIONS OF OF APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO OTHER APPLICABLE LAND USE REGULATIONS AND BUILDING CODES, SUCH OTHER DEVELOPMENT ORDERS OR APPLICABLE LAWS SHALL CONTROL. BY: JESSICA GARROW AS: COMMUNITY DEVELOPMENT DIRECTOR ENGINEERING DEPARTMENT REVIEW: THIS PLAT WAS REVIEWED FOR THE DEPICTION OF THE ENGINEERING DEPARTMENT SURVEY REQUIREMENTS. THIS DAY OF 12016. BY: TRICIA ARAGON, P.E. AS CITY OF ASPEN ENGINEER NOTICE: ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. N07 1) TE EASI COM 2) TF 3)BP_ NORTHWEST CORNER OF LOT 19, FILING 2, A #5 REBAR & CAP L.S. #7168 FOUND IN PLACE AND THE NORTHWEST CORNER OF LOT 20, FILING 2, A #5 REBAR & ALUMINUM CAP L.S. # ILLEGIBLE FOUND IN PLACE. 4) UNITS OF MEASURE FOR ALL DIMENSIONS SHOWN HEREON IS U.S. SURVEY FEET. 5) THIS SURVEY IS BASED ON THE WEST ASPEN SUBDIVISION PLAT RECORDED NOVEMBER 4, 1968 IN PLAT BOOK 3 AT PAGE 308 IN THE PITKIN COUNTY CLERK AND RECORDER'S OFFICE AND CORNERS FOUND IN PLACE. VICINITY MAP SCALE: 1" = 2000' CERTIFICATE OF OWNERSHIP AND SUBMISSION TO CONDOMINIUM OWNERSHIP: KNOW ALL MEN BY THESE PRESENTS THAT THE UNDERSIGNED BEING THE SOLE OWNERS OF ALL THAT REAL PROPERTY SITUATED IN THE CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO, SAID REAL PROPERTY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: LOT 20 WEST ASPEN SUBDIVISION, FILING NO. 2, ACCORDING TO THE PLAT RECORDED NOVEMBER 4, 1968 IN PLAT BOOK 3 AT PAGE 308, CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO, HEREBY CERTIFY THAT WE HAVE CAUSED THE SAID REAL PROPERTY TO BE LAID OUT, CONDOMINIUMIZED AND SURVEYED AS UNIT 1 AND UNIT 2, 1520 HOMESTAKE CONDOMINIUMS AS SHOWN AND NOTED HEREON AND AS DESCRIBED IN THE DECLARATION AS DEFINED BELOW: WE HEREBY SUBMIT SAID REAL PROPERTY, TOGETHER WITH ALL IMPROVEMENTS, APPURTENANCES AND FACILITIES EXISTING NOW OR HEREAFTER THEREON, TO CONDOMINIUM OWNERSHIP UNDER THE COLORADO COMMON INTEREST OWNERSHIP ACT, C.R.S. 38-33.3-101 AS THE SAME BE AMENDED FROM TIME TO TIME, AND HEREBY IMPOSE UPON ALL OF THE REAL PROPERTY THE TERMS, CONDITIONS, COVENANTS, RESTRICTIONS, EASEMENTS, RESERVATIONS, USES, LIMITATIONS, AND OBLIGATIONS DESCRIBED IN THE CONDOMINIUM DECLARATION FOR 1520 HOMESTAKE CONDOMINIUMS ON , 2016 AS RECEPTION NO. (THE DECLARATION) TOGETHER WITH ANY OTHER AMENDMENTS OR SUPPLEMENTS THERETO, WHICH DECLARATION SHALL BE DEEMED TO RUN WITH THE REAL PROPERTY AND SHALL BE A BURDEN AND A BENEFIT TO SAID OWNERS, THEIR SUCCESSORS, ASSIGNS AND ANY PERSON ACQUIRING OR OWNING AN INTEREST IN SUCH REAL PROPERTY, THEIR GRANTEES, SUCCESSORS HEIRS, PERSONAL REPRESENTATIVES, EXECUTORS, ADMINISTRATORS, DEVISEES OR ASSIGNS. EXECUTED THIS �!% DAY OF !/I 2016. Idese MARK FRIEDLAND A MANAG MEMBER OF HOMERUNSTAKE, LLC. STATE OF ) )SS. COUNTY OF ) THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF , 2016 BY MARK FRIEDLAND, AS MANAGING MEMBER OF HOMERUNSTAKE, LLC. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBLIC SURVEYOR'S CERTIFICATE: I, JASON R. NEIL, A REGISTERED LAND SURVEYOR OF THE STATE OF COLORADO, DO HEREBY CERTIFY THAT I HAVE PREPARED THIS CONDOMINIUM MAP OF 1520 HOMESTAKE CONDOMINIUMS A CONDOMINIUM: THAT THE LOCATION OF THE OUTSIDE BOUNDARIES, ROADS, EXISTING STRUCTURES, FACILITIES AND OTHER FEATURES ARE ACCURATELY AND CORRECTLY SHOWN HEREON: THAT THE SAME ARE BASED ON FIELD SURVEY(S) PERFORMED UNDER MY SUPERVISION: AND THAT THIS MAP MEETS THE REQUIREMENTS OF A LAND SURVEY PLAT AS SET FORTH IN C.R.S. SECTION 38-51-106. I FURTHER CERTIFY THAT THIS CONDOMINIUM MAP CONTAINS ALL OF THE INFORMATION REQUIRED BY C.R.S. SECTION 38-33-209 OF THE COLORADO COMMON INTEREST OWNERSHIP ACT AND THAT THE LINEAR ERROR OF CLOSURE IS LESS THAN 1;15, 000. BY: CLERK AND RECORDER'S CERTIFICATE: THIS CONDOMINIUM MAP WAS FILED FOR RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO, AT O'CLOCK _.M., ON THE DAY OF 12016, AND IS DULY RECORDED IN BOOK PAGE , AS RECEPTION NO. BY: CLERK AND RECORDER \ BY: DEPUTY Drawn By: NO. Date Revision B Project NO. JRN HOMERUNSTAKE, LLC. Checked By: CITY OF ASPEN, COLORADO 15045 PEAK JRN 1520 HOMESTAKE CONDO MAP JUNE 02, 2016 Surveying, Inc. ate. LOT 20, WEST ASPEN SUB, FLG 2 P.O. Box 1746 - Rifle, CO 81650 1520 HOMESTAKE LANE Phone (970) 625-1954 - Fax (970) 625-2954 Computer File: 1 OF 1 www.peaksurveyinginc.com 045.DWG