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Home My WebLink AboutLand Use Case.720 W Smuggler St.0082.2016.ASLU0082.2016.ASLU 720 W SMUGGLER ST ADU/CARRIAGE HOUSE 2735-124-06-002 1. hil. Cnt~ 90 - h~ 164 TrLC dI~ 1 4 7 PATH: G/DRIVE / MnO rER FILES/ADMINISTRATIVE/AD 1Vlll 4/LAND USE CASE DOCUMENTS THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0082.2016.ASLU PARCEL ID NUMBERS 2735-124-06-002 PROJECT ADDRESS 720 W SMUGGLER ST PLANNER BEN ANDERSON CASE DESCRIPTION ADU/CARRIAGE HOUSE REPRESENTATIVE JAMIE L BREWSTER DATEOFFINALACTION 10.10.2016 CLOSED BY NICOLE HENNING 11.7.2016 0082.-20/6. ASL,q r-134-/24- DG- De-- 0 Permits - O X file Edit Record Navigate Fcrm Reports Format Iab Belp @ * IX k k.' 4 1@ - 44 e 13 -6 1- v . N J > >J m *1 A lump 1 * 20 - e l e - 21 0 2 231 0 r=. v /8 949 0 a 4, 4 .. Main Custom Fields Routing Status Fee SummarM Actions Routing History Permit type aslu Aspen Land Use permit # D082.2016.ASLU Address 720W SMUGGLER ST Apt/Suite City ASPEN State CO Zip 81611 Permit I nformation Master permit Routing queue aslul 5 Applied 08/31/2016 Project Status pending Approved | Description ADU/CARRIAGE HOUSE Issued Closed/Final Submitted JAMIE-BR-NSTER5443130 Clock |Running Days 1----61 Expires 08/26/2017 S ubmitted via Owner Last name DEMPSEY 1996 REV TRU First name Phone (970] 618-1158 Address Applicant ~ Owner is applicant? Il Contractor is applicant? Last name DEMPSEY 1996 REV TRU Â·Â·Â· First name Phone [970] 618-1158 Cust # 30452 Address E mail Lender Last name First name Phone () - Address AspenG old5 [served karlah ~ 1 of 1 theck# 10%57 R-e-ferril arowps : cheac d 974- Non e Rectz17*: 4-1 99[) $ PAID SWON >10!nO xoqiool sdnoig gel [MA!109 DEVELOPMENT ORDER ofthe 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 26.304.090, 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 ofthis Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Dempsey 1996 Revocable Trust: 2430 Broadway Street. San Francisco. CA 94115 Property Owner's Name, Mailing Address Lots P and O. Block 14, City and Townsite of Aspen, County of Pitkin, State of Colorado: 720 W. Smuggler Street, Aspen, CO 81611 Legal Description and Street Address of Subject Property The applicant has received land use approval for the removal of a deed restricted Accessory Dwelling Unit (ADU). Written Description of the Site Specific Plan and/or Attachment Describing Plan Amendment of an ADU Development Order, Removal of an ADU - Notice of Approval, Reception # 632826 (10/06/2016) Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) October 20.2016 Effective Date of Development Order (Same as date ofpublication of notice ofapproval.) October 20 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 1(ph day of October, 2016, by the City of Aspen Community Development Director. . A c j*<Gl z~| iMA/'LU ~Ssica Garro~~Community Development Director â‚¬/n AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: 720 W. Sm,159 /0'0 , Aspen, CO STATE OF COLORADO ) ) SS. County of Pitkin ) I, /<7â€¢u-n hbvmette W (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 o f 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 Aspenpo later than fifteen (15) days after an Interpretation has been rendered. ~~y of th~blicy,*n is ,&7dfed hereto. Sigp~ The foregoing "Affidavit cf Notice" was acknowledged before me this 2Qay of 00Â¥z?Â£*EK._â€¢ ,100 1,;by k/97â‚¬L.9- HE7Vm CZ#o,V' PUBLIC NOTICE DEVELOPMENT APPROVAL WITNESS MY- HAND AND OFFICIAL SEAL Notice is hereby given to the general public of the approval of a site-specific development plan, and the creation of a vested property right pursuant to My commission expires: b l31 I /9 , the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertain- ing to the following described property: Parcel ID #2735-124-06-002, Legally described as Lots P And Q, Block 14, City and Townsite of Aspen, 4 Id-/ l 1 â‚¬rh County Of Pitkin, State Of Colorado: commonly known as 720 W. Smuggler St. An administrative approval of an Amendment of an ADU Develop- Notary Public merit Order, Removal of an ADU was granted to NICOLE ELIZABETH HENNING 2 remove a deed restricted Accessory Dwelling Unit; Reception #632826,10/06/2016. The project is de- NOTARY PUBLIC Â· STATE OF COLORADO ~ picted in the land use application on file with the City of Aspen. For further information contact Ben Notary Identification #20154012950 Anderson at the City of Aspen Community Devel- My Commission Expires 3/31/2019 opment Dept.,130 S. Galena St. Aspen, Colorado. ATTACHMENTS: (970) 429-2765. City of Aspen Published in The Aspen Times on October 20, 2016.(12436821) COPY OF THE PUBLICATION RECEPTION#: 632826, 10/06/2016 at 11:3 AM, 1 OF 3, R $21.00 Doc Code APPROVAL Janice K. Vos Caudill, Pitkin County, CO NOTICE OF APPROVAL FOR AN AMENDMENT TO A DEVELOPMENT ORDER FOR AN ACCESSORY DWELLING UNIT, ALLOWING FOR THE REMOVAL OF SAID ADU AND THE VACATION OF THE ASSOCIATED DEED RESTRICTION ON THE PROPERTY LOCATED AT 720 WEST SMUGGLER STREET; LEGALLY DESCRIBED AS LOTS P AND Q, BLOCK 14, CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO. Parcel ID No. 2735-124-06-002 APPLICANT Dempsey 1996 Revocable Trust REPRESENTATIVE: Jamie L. Brewster MeLeod, Brewster McLeod Architects, Inc. SUBJECT & SITE OF AMENDMENT: Removal of an Accessory Dwelling Unit (ADU) and vacation of a deed restriction from a single- family residence located at 720 W. Smuggler Street. The Applicant is requesting an amendment to an ADU development order, pursuant to Land Use Code Section 26.520.090[Cl, Removing an ADU/Carriage House. SUMMARY: The subject property was issued a development order on August 12,2000 that required the construction of an accessory dwelling unit for the purposes of affordable housing mitigation. A deed restriction was executed on August 7,2000 and recorded on August 18,2000 (Reception #445235). A Certificate of Occupancy was issued for the residence on January 28th 2002. The ADU on this property is not a "mandatory occupancy" unit. The Applicant proposes the removal ofthe ADU and the vacation of the deed restriction. Section 26.520.090[Cl establishes the approval process for removal of ADUs that were developed prior to the adoption of Ordinance 35, Series of 2015. First, the removal requires affordable housing mitigation for .38 full-time equivalents (FTEs) at a Category 2 rate. The code allows the required mitigation to be achieved by either the extinguishment o f an Affordable Housing Credit or a fee-in-lieu payment. The Applicant has stated that they have arranged for the use of an Affordable Housing Credit in meeting this requirement. Secondly, the physical changes necessary to remove the ADU must be issued a building permit and pass a final inspection by the Chief Building Official. ]n this case, the main change necessary is the removal of the kitchen facilities in the ADU. The applicant has acknowledged this requirement. STAFF EVALUATION: Staff finds that the request meets the requirements of an Amendment of an ADU or Carriage House Development Order; Removing an ADU/Carriage House. DECISION: The Community Development Director finds the Amendment of an Accessory Dwelling Unit Development Order to remove an ADU unit and vacate a deed restriction as noted above meets the requirements as described in the Land Use Code, and APPROVES the request subject to the following conditions: 1) The extinguishment of an Affordable Housing Certificate of.38 FTE provided at a Category 2 rate. This requirement may also be met by fee-in-lieu-payment. This requirement will be implemented as part of the building permit process. 2) The application for a building permit and issuance of a Certificate of Occupancy by the Chief Building Official approving the physical changes made to the ADU to include, but not limited to the removal of necessary kitchen facilities. 3) Once both of these conditions are met, a release of deed restriction, approved by the Aspen Pitkin County Housing Authority and acceptable to the City Attorney, shall be completed and filed with the Pitkin County Clerk and Recorder. APPROVED BY: / <4.1*-4 <4%\Aa.AJ 14 9/ 101 9 \@ytica Garrowl/ Date Community Development Director CliYENTED TO: Si~ned: Dempsey 1996 Revocable Trust By: 684849Â·142-l #41,4,5 Trustee *riho<12â‚¬4 4.,*It oad 44fD*e~-~~ for 144 'b-7 S-1/1 1 -44* Attachments: Exhibit A - Original ADU Deed Restriction (Reception # 445235) Exhibit B - Application (not recorded) 8/6 16't A 1 1. 1 L-- A.vt ACCESSORY DWELLING UNIT DEED RESTRICTION PURSUANT TO SECTION 26.520 OF THE CITY OF ASPEN MUNICIPAL COpE 1 THIS ACCESSORY DWELLING UNIT DEED RESTRICTION is made and entered into this 7 day of 8(10 U A-~ , 2000, by James H. Pugh, Jr. ("Owner") for itself, its successors antl assigns, for the benefit of the City of Aspen, Colorado, a municipal corporation, and the Aspen/Pitkin County Housing Authority, a multi-jurisdictional housing authority established pursuant to the AMENDED AND RESTATED INTER-GOVERNMENTAL AGREEMENT recorded in Book 605 at Page 751 of the records of the Pitkin County Clerk and Recorde fs Office ("Authority"). WHEREAS, Owner owns that parcel of real property located at 720 West Smuggler, in the City of Aspen, County of Pitkin, Colorado, more specifically described as Lots P and Q, Block 14, Original Aspen Townsite, upon which is situate a free-market dwelling unit which will contain a 668 net livable studio accessory dwelling unit ("Unit"), located in the lower level of the principal residence; and WHEREAS, Owner agrees to accept and impose certain conditions on its use and occupancy of the Unit as an accessory dwelling unit under the Aspen Municipal Code. NOW, THEREFORE, in consideration of the mutual promises and obligations contained where, the Owner hereby covenants and agrees as follows: 1, The Unit as identified hereinabove shall not be condominiumized and, if rented, shall be rented only in accordance with the guidelines as adopted and as may be amended from time to time by the Authority governing "resident-occupied" dwelling units, 2. Owner need not rent the Unit; however, when rented, only qualified residents, as defined In the Housing Guidelines, shall reside therein and all rental terms shall be for a period of not less than six (6) consecutive months. Owner shall maintain the right to select the qualified resident of its own choosing when renting the Unit. An executed copy of all leases for the Unit shall be submitted to the Authority within ten (10) days of the approval of a qualified resident. 3. The covenants and limitations of this deed restriction shall run with and be binding on the land for the benefit of the City of Aspen and the Authority, either of whom may enforce the provisions thereof through any proceedings at law or in equity, including eviction of non-complying tenants, 11111111111111111111111 lilli lilli '1111111 lilli lili lili 445235 08/18/2000 12:13P DEED REG DAVIS SILVI 1 of 3 R 15.00 D 0.00 N 0.00 PITKIN COUNTY Co 1 n- 1 : . 4 . . 4 '1 1 11 1 1 4. It is understood and agreed by the Owner that no waiver of a breach of any term or condition as contained In this deed restriction shall be construed to be a waiver of any breach of the same or other term or condition, nor shall failure to enforce any one of the terms or conditions, either by forfeiture or otherwise, be construed as a waiver of any term or condition. IN WITNESS HEREOF, Owner has placed its duly authorized signature hereto on the date as described above. OWNER: A U sy:- f/ti7 Y Â»1 ful-// -4Â» f 44 Jar?14 H. Pugh, Jr, l. Mailing Address: do EN 51-5 0*104%05408) M/0 b Gok VAe< YolÂ« DR 44 30-5 01-9/#J)pO . go +02 STATE OF ) SS. COUNTY OF ) ./4't~t-foregoing Instrument was acknowledged before me this 7 #-- day of , 2000, by James=U=Re@b,Jr, 19; c./(- Na /â‚¬ l/wl , !32~.St h-3~14- WITNESS MY hand and official seal. 12- 0-1 Â»23 34-. R.UL- 3 n My Commission expires: 7 -,2-1 - .200Â¢ Date \014 CINDY ~ 0Â«40*oa- CloliSTENSEN i Notary Public O /0 Â«*-aa;3;Â»" 1111111 lili lilli 1111111111111111 lilli lll lilli lili lili 448235 08/18/2000 12:13P DEED RES DAVIS SILVI 2 of 3 R 15.00 D 0,00 N 0.00 PITKIN COUNTY CO 2 .. rer/clly/=PI CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT- 4.' AUU JU LUIb ATTACHMENT 2 - LAND USE APPLICATION CITY OF ASPEN PROJECT: COMMUNITY DE ,.OPMEN" Name: Dempsey 1996 Revocable Trust Location: 720 W Smuggler Street Parcel ID#(REQUIRED) 2735-124-06-002 APPLICANT: Name: Dempsey 1996 Revocable Trust Address: 2430 Broadway Street, San Francisco, CA 94115 Phone#: REPRESENTIVATIVE: Name: Jamie L. Brewster McLeod, Brewster McLeod Architects, Inc. Address: PO Box 697, Aspen, CO 81612 Phone#: 970-544-0130 Â£ GMQS Exemption F-1 Conceptual PUD l Temporary Use D GMQS Allotment 1-1 Final PUD (& PUD Amendment) Special Review Subdivision D Conceptual SPA ~ ESA-8040 Greenline, Stream Fl Subdivision Exemption (includes U Margin, Hallam Lake Bluff, Condominiumization) Â£ Mountain View Plane Â£ Final SPA (&SPA Â£ Commercial Design Review D Lot Split Amendment) 1 Residential Design Variance Q Lot Line Adjustment E-1 Small Lodge Conversion/ Expansion O Conditional Use Other: Extinguish ADU EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) Existing single family residence with attached ADU. ADU deed restriction reception number 445235. PROPOSAL: (Description of proposed buildings, uses, modifications, etc.) Extinguish ADU. Have you attached the following? FEES DUE: $ ~ Pre-Application Conference Summary ~ Attachment #1, Signed Fee Agreement ~ Response to Attachment #3, Dimensional Requirements Form ~ Response to Attachment #4, Submittal Requirements - including Written Responses to Review Standards ~ 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. March, 2016 Citv of ADen I 130 S. Galena St. I (9701 920 5050 .. CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT 4/Fr 1 ve- e.â€¢ AUG 3 0 2016 Agreement to Pay Application Fees CITY OF ASPEN An agreement between the City of Aspen ("City") and 00<52.20 [ 6 - AS L~ rAAM, 1"-'n' a- FLOPMENT Property Phone No.: 970-544-0130 Owner <"19: Email: , ' Dempsey 1996 Rev. Trust Address of Billing Property: Address: (Subject of (send bills here) C/O Brewster McLeod Architects, Inc. application) 720 W Smuggler Street PO Box 697 Aspen, CO 81612 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. $. flat fee for . $. flat fee for $. flat fee for . $. flat fee for 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 thistimeto know the full extent or total costs involved in processingthe application. I understand that additional costs over and above the deposit may accrue. I understand and agreethat 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 tothe 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, 1 agree to pay additional monthly billingsto the City to reimbursethe City for the processing of myapplication atthe hourly rates hereinafter stated. $ 975.00 hours of Community Development Department staff time. Additional time deposit for -3 above the deposit amount will be billed at $325.00 per hour. $ depositfor hours of EAB~eering Departmenfstaff time. Additional time above the deposit amount will be billed at $325.00 per hour. // City of Aspen: Jessica Garrow, AICP Community Development Director Name: Jamie L. Brewster McLeod City Use: Title: Fees Due: $ Received $ President, Brewster McLeod Architects, Inc. Authorized Representative March, 2016 City of ADen I 130 S. Galena St. I (970) 920 5050 Ag= CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Hillary Seminick, 429.2741 DATE: August 16, 2016 PROJECT: 720 W. Smuggler St. REPRESENTATIVE: Jamie L. Brewster McLeod, Brewster McLeod Architects, Inc. TYPE OF APPLICATION: Amendment of an ADU or Carriage House Development Order DESCRIPTION: The Applicant is interested in amending a Development Order for an ADU at the subject property. The deed restriction for the unit was recorded at Reception No. 446235. To remove the deed restriction from the unit pursuant to 26.520.090.C, the Applicant shall provide mitigation for 0.38 Category 2 FTEs in the form of Affordable Housing Certificates or fee-in-lieu. Additionally, the Applicant shall obtain a building permit to decommission the ADU by removing the kitchen. A final inspection shall be issued prior to the release of the deed restriction. The release shall be accepted by the City Attorney and filed with the Pitkin County Clerk and Recorder. Below is a link to the Land Use application Form for your convenience. http:#www.aspenpitkin.com/Departments/Commun itv-Development/Plann inq-and-Zon inq/ Follow link below to view the City of Aspen Land Use Code http://www. aspenpitkin. com/Departments/Com mu nity-DevelopmenUP lan n ing-and-Zon inq/Title-26- Land-Use-Code/ Land Use Code Section(s) 26.304 Common development review procedures 26.520.090.C Removing an ADU/Carriage House Review by: Community Development Director Public Hearing: NA Planning Fees: $975 planning deposit, three hours. Additional hours billed at $325 per hour. Total Deposit: $975 To apply, submit the following information: Q Completed Land Use Application and signed fee agreement. E Pre-application Conference Summary (this document). ASLU ADU/Carriage House 72Â£) W. Spic,cliviL Er. Â® 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. Â® 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. g HOA Compliance form El Written responses to all review criteria in Sec. 26.520.090.C K An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. El 1 Complete Copy. If the copy is deemed complete by staff, the following items will then need to be submitted: Il Total deposit for review of the application. 0 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. TA*ILE Y Â£44, 1***1 ATTORNEYS & COUNSELORS AT LAW RICHARD Y. NEILEY JR ~ RICHARD Y. NEILEY 111 August 24, 2016 VIA EMAIL jamie@brewstermcleod.com Jamie L. Brewster McLeod, AIA Brewster Mcleod Architects, Inc. 112 South Mill Street, #B-Top Floor P. 0. Box 697 Aspen, CO 81611 RE: 720 West Smuggler Street, Aspen, Colorado Dear Jamie: As you know, we represent the Dempsey 1996 Revocable Trust, the owner of Lots P and Q, Block 14, City and Townsite of Aspen, 720 West Smuggler Street, Aspen, Colorado. On August 12, 2000, the City of Aspen Community Development Director issued a Development Order for the Trust property pursuant to which an accessory dwelling unit was required to be constructed in the residence. A copy of the Development Order is appended hereto as Attachment A. An Accessory Dwelling Unit Deed Restriction was executed in connection with the Trust property on August 7, 2000, and recorded on August 18, 2000, as Reception No. 445235. A copy of the Deed Restriction is appended hereto as Attachment B. Subsequently, the ADU was constructed and a Certificate of Occupancy was issued for the residence on January 28,2002. As we have discussed, our client desires to remove the ADU in accordance with provisions of the City of Aspen Land Use Code, Section 26.520.090.C. In order to do so, we understand that the Trust will be obligated to provide mitigation for 0.38 Category 2 FTEs in the form of an Affordable Housing Certificate or fee-in-lieu. We have arranged for an Affordable Housing Certificate for 0.38 Category 2 FTEs that we will deliver to the City upon approval of the Application to remove the ADU. Please respond to: 6800 Highway 82, Suite 1 â€¢ Glenwood Springs, CO 81601 â€¢ 970-928-9393 Email: aspenlaw@neileylaw.com Aspen office: 420 East Main Street, Suite 240 Â· Aspen, CO 81611 Â· 970-925-9393 Jamie L. Brewster Mcleod, AIA Brewster Mcleod Architects, Inc. August 24, 2016 Page 2 We further understand that the kitchen in the ADU must be removed and that an inspection by the City must be performed to confirm the conversion of the ADU into residential living space prior to the release of the Deed Restriction. In accordance with directions from Neal and Jan Dempsey, the Trustees of the Dempsey 1996 Revocable Trust, you are authorized to proceed with the Application for the removal of the ADU in accordance with the Pre-Application Conference Summary issued on August 16, 2016. Please feel free to incorporate this correspondence and the attachments into the Application, so as to confirm the property owner's acknowledgement and acceptance of the conditions required for the removal of the ADU. If you need any further information or assistance from me, please do not hesitate to let me know. Thank you for your assistance in prosecuting this Application. Ve y tru ly you rs, N SHY LAW FIRM, LLC ID j 1 -\14. - Richard Y. Neiley, Jr. Attachments cc: Neal and Jan Dempsey DEMPSEY 1996 REVOCABLE TRUST 2430 Broadway Street San Francisco, CA 94115 October 3, 2016 City of Aspen Community Development 130 S. Galena Street Aspen, CO 81611 RE: 720 West Smuggler Street, Aspen, Colorado To Whom It May Concern: Please accept this letter as confirmation that Richard Y. Neiley, Jr. and Neiley Law Firm, LLC are authorized to represent the Dempsey 1996 Revocable Trust in connection with the removal of an ADU and execution and delivery of an Affordable Housing Credit Certificate to the City of Aspen related to 720 West Smuggler Street, Aspen, Colorado. Very truly yours, 996 REVOCABLE TRUST Â¥ .l Title: ~~157~pe f 1 Permit No. COMMUNITY DEVELOPMENT DEPARTMENT 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 bv the properly owner or Attorney representing the property owner. The following certification shall accompany the application for a permit. Subject Property: 720 W Smuggler Street 1, the property owner, certify as follows: (pick one) Â® This property is not subject to a homeowners association or other form of private covenant. El This properly 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. U 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: & 55~~i 'f 140%/-date: f' //* /6 4/Mt_ 9 +7<AMY Owner printed name: or, Attorney signature: date: RECEIVED Attorney printed name: AUG 3 0 2016 CITY OF ASPEN COAGUÂ«TY DEVELOPMENT November, 2014 City of Aspen I 130 S. Galena St. I (970) 920-5090 h 4 1 vplf 2.1 ~**TER MCLEOD ARCHITECTS f MEMORANDUM Date: Augustll,2016 To: City of Aspen Community Development Department 130 S Galena Street Aspen, CO 81611 Project: 720 W Smuggler- ADU Extinguishment Re: Authorized Representative The undersigned trustees of Dempsey 1996 Rev Trust, owner of the property at 720 W Smuggler Street, Aspen, Colorado, 81611 hereby appoint Jamie L. Brewster McLeod, AIA of Brewster Mcleod Architects, Inc., 112 South Mill Street- Unit B, Aspen, Colorado 81611, as Agent to act for and on behalf of the Trust in any and all proceedings with respect to 720 W Smuggler Street, Aspen, Colorado. As such, the Agent is authorized to execute and deliver all documents on behalf of the Trust and to attend and represent the Trust at all meetings of public and private entities with respect to the st~tus of 720 W Smuggler Street, Aspen, Colorado. /1 4 't' C <~1 ~-AlÂ»{1/1 -/1 2-11-34 Sig~ed: Dempsey 1996 ReÂ¢ Tru~ Date By: Neal Dempsey, Trustee 6-11-16 Migne* Dempsey 1996Fev Trust Date By: Jah Dempsey, Trustee BREWSTER MCLEOD ARCHITECTS, INC. office@brewstermcleod.com - www.brewstermcleod.com 112 South Mill Street, #B Top Floor - P.O. Box 697 - Aspen, CO 81611 - T 970/544.0130 - F 970/544.9201 126 South Oak Street, Unit A - Telluride, CO 81435 - T 970/728.4300 - F 970/544.9201 JUL.24.2000 10:29AM AS HOUSING OFC NO.040 P.1 MEMORANDUM TO: James LIndt Communi& Development Department FROM: Cindy Chr18tensen, Houeing Office DATE: July 24,2000 RE: 720 West Smuggler ADU Review Parcel ID No. 2735-12408-002 ISSUE: The applicant Is requesting approval to construct an accessory dwelling unit in the subgrade space within a single-family home. BACKGROUND: According to Section 26,520, Accessory Dwelling Units, accessory dwelling units shall conform to the following conditions: 1, the unit shall contain not less than 300 square feet or not more than 700 square feet; 2. the unit shall be deed restMcted meeting the Housing Authcrity's RO guidelines; 3, if the unit is rented, it shall be limited to rental periods of not less than six months in duration; and 4. one parking space shall be provided onÂ·slte for each studio unit, and for each bedroom within a one- or two-bedroom accessory dwellIng unit; The kitchen must also contain at least a buoburner stove with oven, a standard-size sink, and at least a six-cubic foot refrigerator plus freezer; and a deed restriction muat be placed on the unit prior to building permit approval. RECOMMENDATION: Staff recommends approval of the accessory dwelling unit as long as the following conditions are met: 1. conditions 1 through 4 stated above; 2. the kitchen contains at least a two-burner stove with oven, a standard-size sink, and at least a six-cubic foot refrigerator; 3. deed restriction filed and recorded PRIOR to building permit approval; 4. the natural light Ibr the subgrade unit complies with the UBC; and 5. a site visit prior to Certificate of Occupancy. clceh\wordueterral\720#Namugedu.doc EXHIBIT A Case No. A087-00 Parcel ID No. 2735-124-06-002 Zone District R-6 Reviewed By James Lindt _ Date July 31, 2000 Accessory Dwelling Unit Design Standards Checklist 26.520.050 Design Standards All ADUs shall conform to the following design standards unless otherwise approved, pursuant to Section 26.520.080, Special Review: ~ An ADU must contain between 300 and 800 net livable square feet, 10% of which must be a closet or storage area. 9~ An ADU must be able to function as a separate dwelling unit. This includes the following: a) An ADU must be separately accessible from the exterior. An interior entrance to the primary residence may be approved by the Commission, pursuant to Special Review; b) An ADU must have separately accessible utilities. This does not preclude shared services; c) An ADU shall contain a kitchen containing, at a minimum, an oven, a stove with two burners, a sink, and a refrigerator with a minimum of 6 cubic feet of capacity and a freezer; and, d) An ADU shall contain a bathroom containing, at a minimum, a sink, a toilet, and a shower. ~ One parking space for the ADU shall be provided on-site and shall remain available for the benefit of the ADU resident. The parking space shall not be stacked with a space for the primary residence. 5~ An ADU shall be located within the dimensional requirements of the zone district in which the property is located. 4 The roof design shall prevent snow and ice from shedding upon an entrance to an ADU, If the entrance is accessed via stairs, sufficient means of preventing snow and ice from accumulating on the stairs shall be provided. 3~ ADUs shall be developed in accordance with the requirements of this title which apply to residential development in general. These include, but are not limited to, the Uniform Building Code requirements related to adequate natural light, ventilation, fire egress, fire ~ suppression, and sound attenuation between living units. This standard may not be varied. All ADUs shall be registered with the Housing Authority and the property shall be deed restricted in accordance with Section 26.520.070 Deed Restrictions. This standard may not be varied. PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: Lots P & Q, City and Townsite of Aspen, by Administrative Decision of the Community Development Director on August 1,2000. For further information contact Julie Ann Woods, at the Aspen/Pitkin Community Development Dept. 130 S. Galena St, Aspen, Colorado (970) 920-5090. s/ City of Aspen Account Publish in The Aspen Times on August 12,2000 Notice of Decision Accessory Dwelling Unit James Pugh, owner of a property located at 720 W. Smuggler,Â·Parcel Identification Number 273 5-124-06-002, has applied for administrative approval of an Accessory Dwelling Unit (ADU). The Community Development Director shall approve, approve with conditions, or deny a land use application for an Accessory Dwelling Unit pursuant to Sections 26.520 and 26.304 ofthe Aspen Municipal Code if an application is found to be consistent with the following review criteria: 1. The proposed Accessory Dwelling Unit meets the requirements of Section 26.520.050, Design Standards. 2. The applicable deed restriction for the Accessory Dwelling Unit has been accepted by the Aspen/Pitkin County Housing Authority and the deed restriction is recorded prior to an application for a building permit. 3. The Net Livable Area of the ADU is at least 300 square feet according to the definition of net livable area in Section 26.104.100 of City of Aspen Land Use Code. COMMUNITY DEVELOPMENT DIRECTOR DECISION The Community Development Director finds that the Accessory Dwelling Unit to be consistent with the review criteria, and hereby approves the ADU on this 31St day of July, 2000 with the condition that the applicable deed restriction for the ADU be accepted by the Aspen/Pitkin County Housing Authority and is recorded prior to an application for a building permit. 0-1.--AÂ·-L~---~ .~Ann Woods, Community Development Director EXHIBITS Exhibit A: Accessory Dwelling Unit Design Standards Checklist Exhibit B: Housing Authority Referral â€¢ PWM. citects and Planner 302 9870 1\42\)PSVE~j<5 A#k .L--1- D C=-1 PIÂ«as 1"r L III 332 X : X hill -* â€¢41 1 zn -- u.r Q i 770 - A J -2/ I //ff- /a.- ...4.- 0--7 RE.. 1 /1'4= it 1=irt- 11 EL-1= t k , ' J Meal L.1 DEâ€ž i UB 6 9---i J , r r . SECRET Â· \ 1.------ . -<=1)=1 L ----r~*11 1 U -7 4/F= : 1 / . BDRM 3 : - . 121 i U. BDRM 2 in. irâ€¢ 0 1_Ld 1 .*/.-9 I Ulâ€¢ 1 -< 1 30 1.1 111 [17=11 BAR A'-T~ 1 R-) _bl , -Q-- , MEDIA f 27,207 -I [-1,-.: STN 66(izz-- Srraam Â¥Wwuh}t: Id 1 Y ' N M Jul 27 00 09:50a 1 9rcitects and Planner 3 19-9870 P.6 3 . EL -7EET, k GARAGE, 1~ 2,4.2,11 -2 1 5,03 -1 / k - v./ af 21 1% 34 PATIO C===, I.-1 6 0~0' "Ff L -41 6- - 1\ 0 7 11 I / OFFICE G -L--1 â‚¬ - 1 IUM U-' / CE-5L i r.1 :- - 122L , 6 - ---i - MASTER T--1.-W - -~ [3 PATIO - 'El// --LITI-- Ul L 61-10*Gle,L crgeer- N.1-. 0.- 7~20, ~*0 Jul 27 00 09:51a PW. .rcitects and Planner 303 .J-9870 P.7 , ; DECK 311 1.21 4 L ' BRKEr 1 ./f *Aft 9 1.1 I .C -1 j / 11-8 1 4 1 , 1 , 1 : 1 1, J , 1 i 1-J'.-7 TMASÂ» ; i:Â· : 01; GJ i ./0.... 1 i 1.1 1 : 6 1 ::: CE melip , LE ----]El " |ni --M B i 4 141 10 ?=== UVING DECK l rn.=1 i t . E-,-r--=1_ 3 EE 941 v *G leâ‚¬. 9%*F 94â€¢7 9-KI fl.-44 m .ts. -11'v~ bo --> L_-1 L_ Â£ L__1 L__[ L C 1]111.1Ull-11,Â·k'112*KEr" lili H 1,11.11 lili 11 lili ll li li 11.111111 u ~19 kiw#KNF_11_ 1 J .Il U U 11 U J 11 hiv w.g\916 UNJIN6LLE,Iil-jÂ·6-u 1 1 1(11 Il[Ill:Illl: lilli lili -1 m \Cr 11/ 'IN - ., Â· -.i I L L 11 U ..Ul 111-ILId l Ill_il_]t J LO-ll i UL]Ul-ILLI 4 U ]TIL 111] 1 J 91- 9.te,~ 1= 9 -- --- - -7-}T --119Â©411 W -444=44Â·=--Â«-~ ttat~%11~ Â»f--1 133i gl EWi r-- gi 10./0 +L{ 7--BP JMÂ¢wt' ls<ex 1 â€¢52+1\)Q,Glem SIKâ€¢eel- SÂ·a*W Â·*PLEVI N*.3. 7/14" . a Jul 27 00 09:518 PWN Arcitects and Planner 303-645-Ed/U -72'"lirrum ji ifluonnee::Â·s--L~26#42,Whit~''Fir"#r'h~Nikhf#NY*.01#leill'Â¥& 11-JUill H]i H. 1 ipÂ«/ In u t, iMWiÂ¥-ityii ,i tri TE--10@I[1~Tr-- ' lifiI WO]Ljil'i'ri'li ' *#S&Liti':#tit/jit,Faire.13#rthlithidial]Â°?1Nlkk 7-tall@glk â‚¬ ul) 9 1-00 421 'uU.%%~ikAN!3%16LNjL.#~3%28P~1'~i~WJP%] ?;1-p6 --- --.=1:Ef - 3 -~ 1 - I i--*-+r ---2 i t,JJ, U.11~Llid.'13-:-- ----4~~ ==6~Â«43~ it I 1--4-1 -7 2~ 11 92,Â«43Â· 'Â· .. --*int 21****_.fir: -- -277. 23Â£39 . 11 -4-r-'c..u - R :: 1 1 A 'Â· - Â· :zNI zI+6A1,~;-1 1-4.11 . -1.1 ' 'ti= 41 t-'flii Â»72*-[ rR El Â·-EL.'FFEl 43. iall=-2-F-- 'iriler-153=h:#F= -4,7 -1-PÂ¥Â©94'Â·9r- I Ill ~24 15*971 1, tin 11 5 \.1 L â€ž ,- vi Vhst,&/+4{.__ 1- *41 IMFI.,ct:- 14.1-.6. 7~77/*0 Jul 27 UU OS:bla PWM Hrcitects and Planner 303-649-9870 p. 10 n 290,4.,12,8,VI 1,&,40; -1) . 1:wa Â°1- 41 01104 A#apz- 1 -snil,8 Â·~am 914- c~ !-41- :/1 ~----i---4,FA# 4*fbalw5 11 3 11 .. 1 I 11 i '' i' 1 I | 1 1 1 Â· ' ' - t r T ra....1 1 1-4- r ---- 1 ..1 L 1 8 n \ A , -1 -,111-f i [ li 1 -- I 1 , ..11. 1 , THI {ITI[1-1181'1' 11 tnnllfil' Â· rn #ri'.---Â·Â·3--#_ *- - - , 1 1, i ' i 1 , : FiTlr]Fifil-E-ir-1411-f-1-:-Ii-11 =.-Â·-Â·Â·- --- ---VI-- f [1 -liT[.1 r firlarT Â·, t ==--2 - 8 ' : 1 r-11 . fl: I -- /0 -.= 2--1 -- 1-,- :i r i ; 1 IIi I i' - --- 0 1 .- ii Mii'; iiri, ,: , rrhabh .11: ..,: .~:! fir n111111- - 1 1 , - - ...Â·: --z-:mr- , Â· + 4%g~ p. n ~no . ~ :1 61+ 1. 1 === .#~1 I ~ [Itylr 11'~ :- ITTfi Â·. 3 1, 1}~Ph . 4 JUA CE UU Ub.313 rwrl MroltÂ·ects ana rianner .ju.3-0923-*0/U 1%f@*Algther' '"' 1 1114.1.j U lili tLLL.EU UJUUU c.d[86dN%â‚¬Wfoul#~ 1 %412*Yots:20Â»41 1.-,1.lult_JIJUUM ., r. 11... 11 1-4 e 12*i ~2441-3 Â»,2-61*l d - -- - 7-:=94 > 3l --,U 9>104.4 lim SM.per l -1MeÂ©tw: - --E.-tw~mt* 1 ; 42.n=--4t%1660-1T- 1 1 Jul 27 00 09:523 PWM Arcitects and Planner 303-649-9870 p. 11 JUL.31'2000 11:22 303-52 700 EMERS CONSTRUCTION IN #6481 P.002/002 EMERS CONSHRUCT,ELINCORPORATED 602 r'â€¢rk Poliâ€¢ r*191% Sulte 104 6,ilden, CO 00401 (3011 528-Â§500 0 FAUIt}3) 510Â·970tl July 28,2000 Re: 720 Wesl Smugglcr ADU VIA FACSIMILE & US Mail James Lindt Aspen/Pitkin Community Development Department 130 South Gatena Sutet Aspen, Colorado 8 1 6 1 I Dear James, This letter is lo confirm tha[ the mcchanical room noted on the plans will in fuel store the necessary mechanical equipment for che entire building. Please call if you have any questions. Sincerely, -6 ry-kÂ», i Rick L. Halevy President ATTACHMENT 2 DIMENSIONAL REQUIREMENTS FORM Project: <2*1006Lea_ cm,Emart- Revit Applicant: 258+/1 Â¤15 11Â·. 12064- crick Location: ke> f** 1 et ...ock- 1 *, Cizl e 1 ~3 AL ASÂ»d tuAWdE Zone District: Â¥2-9, Lot Size: Q:CM) CE- Lot Area: 0&8b EF= (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.) Commercial net leasable: Exisring: ~ 4 '11N. Proposed: Number o f residential units: Existing: Proposed: \ Number of bedrooms: Existing: Ktir- Proposed: Proposed % of demolition (Historic properties only): 4Â£~-Â· DIMENSIONS: Floor Area: Existing: t'~pt Allowable: 3240 proposed: 31- Principal bldg. height: Existing: ti~Ar Allowable: '12? Proposed: '24)-A' Access. bldg. height: Existing; WA Allowable: '2.1~1,2-1 Proposed. 0Ar On-Site parking: Existing: ti<A Required: 3 Proposed: 9 % Site coverage: Existing: ~lk Required: A<)10 Proposed: 4*fp % Open Space: Existing: %4~ Required. O ~A- Proposed: 0 ~Pr Front Setback: Existing: Â¢ ~14 Required: ~0 rÂ¥ Proposed: 1 ) Le Rear Setback: Existing: 14<k Required: 6Pter:f*-Proposed: 5 4 ON@62 Combined F/R: Existing.- N~- Required: (8Ft: proposed.Â· .lo~-(0" Side Setback: Existing: 0~Ar Required: EMO Proposed: E>Â¥'V. Side Setback: Existing: )1~4 Required: 5Â¥L Proposed: \0 -9' Combined Sides: Existing: ~ A- Required: ~Ber Proposed. ~C~ -~011 Existing non-conformities or encroachments: MeN en Variations requested: M c~ Ft. ATTACHMENT B 1 15 1 1 ACCEPTANCE BY THE HOUSING AUTHORITY The foregoing agreement and its terms are accepted by the Aspen/Pitkin County Housing Authority. THE ASPEN/PITKIN COUNTY HOUS[NG AUTHORITY 23~Â»YA cir<- 6~~}-dul- By: elyn A.'Kasabach, Chairperson Mailing 'ess: East Main Street, Suite 001 n, CO 81611 STATE DOLORADO ) SS. COUN1 , PITKIN ) 1 foregoing instrument was acknowledged before me this ~~ ~-day of ~ tx 4 2000, by Jacquelyn A, Kasabach. WITNESS MY hand and official seal. My Commission expires: ''~ -~r;j 'Ol< Date 146fary Pub~ \dr\,eughbunnyadu.doc 1111111 lilli 11111111111 '11111 lilli lilli 111 lilli 1111111 446235 08/18/2000 12:13P DEED RES DAVIS SILVI 3 of 3 R 15,00 0 0.00 N 0,00 PITKIN COUNTY CO 3 r'i, I j IEPN ,.. .. Customer Distribution Land Title Our Order Number: Q62007629-3 iA;APÂ·~Nlt'fc l'bSV.1.';Ny --St,<1~,Â·Â·ree- Date: 08-15-2016 Property Address: 720 W SMUGGLER ST, ASPEN, CO 81611 For Closing Assistance Closer's Assistant For Title Assistance Kimberly Parham Stefani Heaphey KIM SHULTZ 533 E HOPKINS #102 533 E HOPKINS #102 533 E HOPKINS #102 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 970-925-1678 (phone) 970-925-1678 (phone) 970-927-0405 (phone) 303-393-4870 (tax) 800-318-8208 (fax) 970-925-6243 (fax) kparham@Itgc.com sheaphey@Itgc. com valleyresponse@Itgc.com Company License: CC)44565 Contact License CO414945 PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS Buyer/Borrower Agent for Seller WEGBREIT TRUST COMPASS Delivered via: Delivered by Realtor Atlention: SUE HOWARTH 117 S MONARCH ST MAIN LEVEL ASPEN, CO 81611 970-925-6063 (work) 970-925-6064 (work fax) sue.howarth@compass.com Delivered via: Electronic Mail Seller/Owner OLD REPUBLIC NATIONAL. TITLE DEMPSEY 1996 REVOCABLE TRUST Attention: RICH JONES Delivered via: Electronic Mail 1301 WASHINGTON AVE #300 GOLDEN, CO 80401 303-421-6495 (work) rjones@0!drepublictitle.com Delivered via: Electronic Mail Agent for Seller Attorney for Buyer COMPASS GARFIELD & HECHT PC Attention: STEVEN SHANE Attention: CHRIS LACROIX 117 S MONARCH ST 601 E HYMAN AVE MAIN LEVEL ASPEN, CO 81611 ASPEN, CO 81611 970-925-1936 (work) 970-925-6063 (work) 970-925-3008 (work fax) 970-925-6064 (work fax) clacroix@garfieldhecht.com steven.shane@compass,com Delivered via: Linked Commitment Delivery Delivered via: Undelermined Copies: 1 Agent for Buyer GARFIELD & HECHT PC STIRLING PEAK PROPERTIES Attention: AVERY S NELSON Attention: ZACHARY MERRITT 601 E HYMAN AVE 600 E MAIN ST #102 ASPEN, CO 81611 ASPEN, CO 81611 970-925-1936 (work) 970-456-8299 (phone) 970-920-4433 (work fax) 970-925-5757 (work) anelson@garfieldhecht,com zach@zachmerritt.com Delivered via: Electronic Mail Delivered via: Undetermined Copies: 1 Land Title 04*â€¢4Â»Nes R'ly.]Fâ€¢F.1 5*1 196T-- Land Title Guarantee Company Estimate of Title Fees Order Number: Q62007629-3 Date: 08-15-2016 Property Address: 720 W SMUGGLER ST, ASPEN, CO 81611 Buyer/Borrower: WEGBREIT TRUST Se[Ier: NEAL DEMPSEY 11] AND JANET RAE DEMPSEY, TRUSTEES OF THE DEMPSEY 1996 REVOCABLE TRUST DATED NOVEMBER 13, 1996, AS AMENDED AND RESTATED Visit Land Title's website at ww'w.Itgc.com for directions to any of our offices. , ALTA Owners Policy 06-17-06 (Reissue Rate) $5,526.00 Deletion of Standard Exception(s) $65.00 Tax Certificate $21.00 If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at closing. Total $5,612.00 THANK YOU FOR YOUR ORDER! . ..-....1 ....1 2 ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number: Q62007629-3 Customer Ref-Loan No.: Property Address: 720 W SMUGGLER ST, ASPEN, CO 81611 1. Effective Date: 07-08-2016 At 5:00 P.M. 2. Policy to be Issued and Proposed Insured: "ALIA" Owner's Policy 06-17-06 $6,995,000,00 Proposed Insured: WEGBREIT TRUST 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A FEE SIMPLE 4. Title to the estate or interest covered herein is at the effective date hereof vested in: NEAL DEMPSEY Ill AND JANET RAE DEMPSEY, TRUSTEES OF THE DEMPSEY 1996 REVOCABLE TRUST DATED NOVEMBER 13, 1996, AS AMENDED AND RESTATED 5. The Land referred to in this Commitment is described as follows: LOTS P AND Q, BLOCK 14, CITYAND TOWNSITE OFASPEN COUNTY OF PITKIN, STATE OF COLORADO. Copyright 200G-2016 American Land Title Association. All Rights Reserved - AMERICAN ./. TITLE . 5[KI .TION The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date 4@?. .... t. of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B-1 (Requirements) Order Number: Q62007629-3 The following are the requirements to be complied with: Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to-wit: 1. EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF THE CITY OF ASPEN TRANSFER TAX HAVE BEEN SATISFIED. 2. ([TEM INTENTIONALLY DELETED) 3. RELEASE OF DEED OF TRUST DATED APRIL 14, 2015 FROM NEAL DEMPSEY Ill AND JANET RAE DEMPSEY. TRUSTEES OF THE DEMPSEY 1996 REVOCABLE TRUST DATED NOVEMBER 13, 1996, AS AMENDED AND RESTATED TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF FIRST REPUBLIC BANK TO SECURE THE SUM OF $3,000,000.00 RECORDED MAY 11, 2015, UNDER RECEPTION NO. 619730. 4. RELEASE OF DEED OF TRUST DATED JUNE 01, 2016 FROM NEAL DEMPSEY Ill AND JANET RAE DEMPSEY, TRUSTEES OF THE DEMPSEY 1996 REVOCABLE TRUST DATED NOVEMBER 13, 1996, AS AMENDED AND RESTATED TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF FIRST REPUBLIC BANK TO SECURE THE SUM OF $6,000.000.00 RECORDED JUNE 10, 2016, UNDER RECEPTION NO. 629895, , 5. THE FULLY EXECUTED TRUST AGREEMENT OF THE DEMPSEY 1996 REVOCABLE TRUST DATED NOVEMBER 13, 1996, ATRUST, MUST BE FURNISHED TO LAND TITLE GUARANTEE COMPANY PRIOR TO CLOSING SO THAT THE COMPANY CAN CONFIRM THE ACCURACY OF THE STATEMENTS APPEARING IN THE STATEMENT OF AUTHORITY OR TRUST AFFIDAVIT OF PUBLIC RECORD, 6. WRITTEN CONFIRMATION THAT THE INFORMATION CONTAINED IN STATEMENT OF AUTHORITY FOR THE DEMPSEY 1996 REVOCABLE TRUST DATED NOVEMBER 13. 1996, AS AMENDED AND RESTATED RECORDED JUNE 10, 2016 AT RECEPTION NO. 629893 IS CURRENT NOTE: SAID INSTRUMENT DISCLOSES NEAL D EM PSEY 111 AS TH E TRUSTEE AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF SAID ENTITY. IF THIS INFORMATION IS NOT ACCURATE, A CURRENT STATEMENT OFAUTHORITY MUST BE RECORDED, 7. OIEM1NIENTIONALLY_DELETED 8. DULY EXECUTED AND ACKNOWLEDGED STATEMENT OF AUTHORITY SETTING FORTH THE NAME OF WEGBREIT TRUSTAS ATRUSI THE STATEMENT OF AUTHORITY MUST STATE UNDER WHICH LAWS THE ENTITY WAS CREATED, THE MAILING ADDRESS OF THE ENTITY, AND THE NAME AND POSITION OF THE PERSON(S) AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING, OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF THE ENTITY AND OTHERWISE COMPLYING WITH THE PROVISIONS OF SECTION 38-30-172, CRS. NOTE: THE STATEMENT OFAUTHORITY MUST BE RECORDED WITH THE CLERKAND RECORDER. ALTA COMM[TMENT Old Republic National Title Insurance Company Schedule B-1 (Requirements) Order Number: Q62007629-3 The following are the requirements to be complied with: NOTE: THE TRUST AGREEMENT FOR WEGBREIT TRUST DISCLOSES ELIOT L. WEGBREIT AND BETH ANN WEGBREIT AS THE TRUSTEES, EITHER TRUSTEE MAY EXECUTE LEGAL INSTRUMENTS ON BEHALF OF SAID ENTITY. 9. WARRANTY DEED FROM NEAL D E M P S EY 111 A N D JANET RAE DEMPSEY, TRUSTEES OF THE DEMPSEY 1996 REVOCABLE TRUST DATED NOVEMBER 13, 1996, AS AMENDED AND RESTATED TO WEGBREIT TRUST CONVEYING SUBJECT PROPERTY. REQUIREMENTS TO PROVIDE OWNER'S COVERAGE IN THE OWNER'S POLICY TO BE ISSUED A, UPON RECEIPT BY THE COMPANY OF A SATISFACTORY FINAL AFFIDAVITAND AGREEMENT FROM THE SELLER AND PROPOSED INSURED. EXCEPTIONS 1 THROUGH 4 OF THE STANDARD EXCEPTIONS WILL BE DELETED. ANY ADVERSE MATTERS DISCLOSED BY THE FINALAFFIDAVIT AND AGREEMENT WILL BE ADDED AS EXCEPTIONS. B. IF LAND TITLE GUARANTEE COMPANY CONDUCTS THE CLOSING OF THE CONTEMPLATED TRANSACTIONS AND RECORDS THE DOCUMENTS IN CONNECTION THEREWITH, EXCEPTION NO. 5 OFTHE STANDARD EXCEPTIONS WILL BE DELETED. C. UPON RECEIPT OF PROOF OF PAYMENT OF ALL PRIOR YEARS' TAXES AND ASSESSMENTS, EXCEPTION NO, 6 OF THE STANDARD EXCEPTIONS WILL BE AMENDED TO READ: TAXES AND ASSESSMENTS FOR THE YEAR 2016 AND SUBSEQUENT YEARS. Old Republic National Title Insurance Company Schedule B-2 (Exceptions) Order Number: Q62007629-3 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 8. RESERVATIONS AND EXCEPTIONS AS SET FORTH IN THE DEED FROM THE CITY OF ASPEN RECORDED MAY 25, 1894 IN BOOK 59 AT PAGE 589 PROVIDING AS FOLLOWS:"THAT NO TITLE SHALL BE HERBY ACQUIRED TO ANY MINE OF GOLD, SILVER, CINNABAR OR COPPER OR TO ANY VALID MINING CLAIM OR POSSESSION HELD UNDER EXISTING LAWS," 9, TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF REVOCABLE LICENSE AGREEMENT RECORDED MARCH 24, 1997 AS RECEPTION NO. 402754. 10. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF SURVEY OF LOTS P AND Q, BLOCK 14, CITY OF ASPEN RECORDED APRIL 25, 1997 IN BOOK 42 AT PAGE AQ. 11 TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF DEED RESTRICTION RECORDED AUGUST 18, 2000 AS RECEPTION NO. 446235. 11 CLAIMS OF RIGHT. TITLEAND/OR INTEREST IN THE PROPERTY BETWEEN THE BOUNDARY LINES AND THE FENCES AS DEPICTED ON THE IMPROVEMENT SURVEY PLAT PREPARED BY ASPEN SURVEY ENGINEERS, INC. CERTIFIED AUGUST 2016. JOB NO. 46197 WHETHER SAID CLAIMS ARISE BY ABANDONMENT, ADVERSE POSSESSION OR OTHER MEANS. SAID DOCUMENT STORED AS OUR ESI 28578118. 11 THE EFFECT OF THE MAILBOX BUILT WITHIN W. SMUGGLER STREETAS DISCLOSED ON THE IMPROVEMENT SURVEY PLAT ISSUED BY ASPEN SURVEY ENGINEERS, INC. CERTIFIED AUGUST 2016, JOB NO. 46197. !. Old Republic National Title Insurance Company Schedule B-2 (Exceptions) Order Number: Q62007629-3 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: SAID DOCUMENT STORED AS OUR ESI 28578118. JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, Land litte LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION, 16Â·,AMâ€¢(Nli rÂ·..,14â€¢13.47 LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY - Ch,inÂ· *04â€ž- LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company and Meridian Land Title, LLC, as agents for Land Tit[e Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: 4 applications or other forms we receive from you, including communications sent through TMX, our web-based transaction management system; A your transactions with, or from tile services being performed by, us, our affiliates, or others; , a consumer reporting agency, if such information is provided to us in connection with your transaction; and â€¢ the public records maintained by governmental entities that we either obtain directly from those entities. or from our affiliates and non-affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: â€¢ We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you, b We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. â€¢ Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. â€¢ We regularly access security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT [S NOT PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be * disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when othelwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows. Any controversy or c!aim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. LAND TITLE GUARANTEE COMPANY LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION ,, Land Title 3,27 Uo.Ntl t * 6,4 OUT,iNi; DISCLOSURE STATEMENTS I -Â« 6?jifk A#'r-- Â· Note: Pursuant to CRS 10-11-122, notice is hereby given that: A) The Subject real property may be located in a special taxing district. B) A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer ot the county in which the real property is located or that county treasurer's authorized agent unless the proposed insured provides written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real property) C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorclef or the County Assessor. Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorders office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one halt of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedu[e 8-2 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. 8) No labor or materials have been furnished by mechanics or material-men for purposes ot construction on the land described in Schedule A of this Commitment within the past 6 months. C) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens, D) The Company must receive payment of the appropriate premium. E) I f 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 linder any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is hereby given: Tiiis notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface estate, in Schedule B-2, A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose 01 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. ."D),#" '2;IM--T,TLIE~"t Commitment to Insure U> . ALTA Commitment - 2006 Rev. * n Z OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, (Company) for a valuable * Gb *= it *m. * 03 Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed 34 * Â¥ * 12#... upon payment of tile premiums and charges and compliance with the requirements; all subject to the provisions of Schedule A '' 070' k'* .. and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. CONDITIONS AND STIPULATIONS 1, The term "mortgage", when used herein, shall include deed of trust, trust deed, or other security instrument. 2. I f the proposed Insured has or acquires actual knowledge ofany delect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to Company in writing, the Company shall be relieved from liability for any loss or damage resulting Irom any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. if the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commi(ment 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 definilion 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. [n no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subiect to the insuring provisions and the Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4, This commitment is a contract to issue one or more title insurance policies and is not an abstract of titte or a report of the condition of title. Any action or actions or rights 01 action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5, The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option ot either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at www. alta.org. STANDARD EXCEPTIONS In addition to the matters contained in the Conditions and Stipulations and Exclusions from Coverage above referred to, this Commitment is also subject to the fo[lowing: 1. Rights or claims of parties in possession not shown by the Public Records. 2. Easements, or claims 01 easements, not shown by the Public Records, 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey or inspection of the Land would disclose and which are not shown by the Public Retords. 4. Any lien, or right to a lien, for services, labor or material therelofore 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. IN WITNESS WHEREOF, Old Republic National Title Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers on the da(e shown in Schedule A to be valid when countersigned by avalidating officer or other authorized signatory. Issued by: 1,4"b"J Old Republic National litle Insurance Company Land Title Guarantee Company a Stock Company 3033 East First Avenue '',14~, I' Tleipt 400 Second Avenue South Suite 600 :%3., * % 4 11 Minneapolis, Minnesota 55401 Denver, Colorado 80206 2 J ~ n * 9 1 (612)371-1111 303-321-1880 20 (16 *U ~--Do 31.,f-1 3 * 'tti * 2 3 r =:p,Gi:rmYCY / John E. meyer / U.1/ 2,V * * *// President /7 AMEWCAN LAND TITLE President ,-,4070~. ,~rÂ·4~to~ ASSOCIATION Authorized Officer or Agent L U :22:&:~auec Ilt'. T. # USLIC/V/'.,