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Home My WebLink AboutLand Use Case.210 Sesame St.A043-03_BeGraeve 2-19/egame- St 8040 Greenline 2737-074-20002 Case A043-03 ./-02 ~240+z*Â£ 94 i. 1 l 4 .. CASE NUMBER A043-03 PARCEL ID # 2737-074-20002 CASE NAME DeGraeve ESA and 8040 Greenline Exemption PROJECT ADDRESS 210 Sesame Street PLANNER Sarah Oates CASE TYPE ESA/8040 Greenline Exemption OWNER/APPLICANT Alain DeGraeve REPRESENTATIVE William Pollock DATE OF FINAL ACTION 09/12/03 CITY COUNCIL ACTION PZ ACTION ADMIN ACTION APPROVED BOA ACTION DATE CLOSED 10/10/03 BY D DRISCOLL .. I R MEMORANDUM TO: Julie Ann Woods, Community Development Director / FROM: Sarah Oates, Zoning Officer -bLE> RE: 210 Sesame Street, Lot 2, Aspen Electric Subdivision-8040 Greenline Exemption DATE: August 11,2003 SUMMARY: Alain Degraeve, owner, has applied for an administrative exemption from the 8040 GreenIine Review to demolish an existing single-family residence. The residence has 3034 square feet of floor area. The parcel is located within 150 feet of the 8040 mean elevation line and is therefore subject to an 8040 Greenline ESA review. As this is a demolition, the review is administrative. The applicant will have to apply for a 8040 Greenline Review for the reconstruction of the single-family home. Staff anticipates all outstanding issues as it relates to the referral departments will be dealt with during the complete review. Staff recommends the Community Development Director approve this exemption with conditions. APPLICANT: Alain Degraeve, owner. Represented by Bill Pollock of Zone 4 Architecture. LOCATION: 210 Sesame Street, Lot 2. Aspen Electric Subdivision. ZONING: R-15 PUD. BACKGROUND: The applicant had received approval for a lot line adjustment with Pitkin County for a portion of Mascotte Lode as part of an affordable housing development on Lot 1, Aspen Electric Subdivision in 1992. The City of Aspen annexed the portion of the parcel located in Pitkin County on July 14,2003. The parcel is currently being rezoned to R-15 PUD, a zoning designation which is consistent with the adjacent parcels. 1 8TAFF COMMENTS: Because development is proposed within one hundred fifty (150) feet ofthe 8040 Greenline, the proposal is subject to review under Section 26.68.030 of the Land Use Code. Section 26.68.030(B), Exemption, states that "the expansion, remodeling or reconstruction of an existing development shall be exempt from 8040 greenline review ifthe following standards are met: 1. The development does not add more than ten (10) percent to the.floor area Of the existing structure or increase the amount of square footage ofareas of the structure which are exempt.from Hoor area calculations by more than twenty-tive (25) percent. Staff Finding: There is no expansion as the applicant is requesting approval for a demolition. 2. The development does not require the removal ojany tree for wh ich a permit would be required pursuant to Section 15.04.450 or the applicant receives a permit pursuant to said section. Staff Finding: No trees will be affected by this proposal. 3, The development is located such that it is not af#cted by any geologic hazard and will not result in increased erosion and sedimentation. Staff Finding: Tliere is no geologic hazard and the development will not result in an increase in erosion or sedimentation. RECOMMENDATION: This application meets the review criteria for an exemption from the 8040 Greenline Review by the Director. Staff recommends the Director approve this exemption with the following two conditions: 1. The applicant shall maintain site drainage on-site during and after demolition to prevent sediment-loaded run-off. 2. Construction materials, staging, and parking must be contained on-site. 3. The contractor must comply with the City' s construction hours of 7am to 7pm, Monday through Saturday. 4. At the time of building permit submittal for the new structure, the Sanitation District and Water Department will advise the applicant on how the services should be abandoned. 5. The applicant shall comply with the City of Aspen' s Efficient Building Program at the time of building permit submittal for any new structure. 6. The applicant must apply for a demolition permit with the Building Department. 2 .. APPROVAL: I hereby approve this 8040 Greenline Exemption for the 210 Sesame Street, Lot 2, Aspen Electric Subdivison with the six conditions listed above. APPROVED L --4, Au 54 bate S //1/03 Ju~~Ann Woods, CoMCAity Development Director AUG 1 2 2003 COMMUNITY DEv c.. :tr41 UlnEC1O8 CITY OFASPEN 3 John Niewoehner, 03:18 PM 8/7/03, DeGraeve's 8040 Greenline Review Page 1 of 1 .. X-Sender: johnn@comdev X-Mailer: QUALCOMM Windows Eudora Pro Version 4.2.2 Date: Thu, 07 Aug 2003 15:18:22 -0600 To: saraho@ci.aspen.co.us From: John Niewoehner <johnn@ci.aspen.co.us> Subject: DeGraeve's 8040 Greenline Review After looking at the DeGraeve's application here are my thoughts: 1. At the time of the building permit, the Sanitation District and Water Dept will have advise the applicant on how the services should be abandoned. 2. The applicant should become educated regarded the efficient building program. Some of the required points for scoring the new building can be obtained by recycling the demolished materials. 3. During demolition the Applicant's contractor must comply with the required work hours. With regard to construction noise, I will talk to Jannette about suggested measures for noise suppression. (1 left a message for Jannette.) --John John Niewoehner Community Development Engineer City of Aspen 130 S. Galena St. Aspen CO 81611 920-5104 www.aspenpitkin.com Printed for Sarah Oates <saraho@ci.aspen.co.us> 8/8/03 .. 130 S. Galena St. Aspen CO 81611 City of Aspen (970) 920-5090 (970) 920-5439, fax Community Development Department 3X To: Alain From: Sarah Oates Fax: 925-3067 Pages: 4 Phone: Date: September 9,2003 Re: 8040 Greenline Exemption-210 Sesame CC: C] Urgent U For Review U Please Comment U Please Reply U Please Recycle â€¢ Comments: Alain-Attached is the approval. Bill Pollock should have a copy as well. Let me know if you have any questions. Thanks. . .. CL i OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Sur.th Oates, 920-5441 DATE: 07/21/2003 PROJECT: A .:,en Electric Subdivision, Lot 2 REPRESENTATIVE: OWNER: Akil Degraeve, 925-5945 DESCRIPTION: 8040 Greenline Exemption for demolition of existing-single family structure. Land Use Code Section(s) (Cite all sections numbers and titles that apply to the application.) 26.435.030(B) Environmentatiy Sensitive Areas, 8040 Greenline Exembtion Review by: Staff for completeness; Administrative approval. Public Hearing: -None Referral Agencies: Enginee ri;tu Planning Fees: $525. Referral Agency Fees: Engineer:!12. Minor($185) Total Deposit: $710 To apply, submit the following information: 1. Proofof ownership with payment. 2. Signed fee agreement. 3. Applicant's name. address :ind telephone number in a letter signed by the applicant which states the name, address and telephone liumber of the representative authorized to act on behalf of the applicant. 4. Street address and legal Clescription of the parcel on which development is proposed to occur, consisting of a current certificate from a :ilie insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners oi 2 property, and all mortgages. judgments, liens, easements, contracts and agreements affecting the parce L atic! ciemonstrating the owner' s right to apply for the Development Application. 5. Total deposit for re: ;e-w wi ilie :Â·ipplication. 6. 2 Copies of the complete zpnlication packet and maps. HPC = 12; PZ = I O.GMC' ~ PZ+5: CC = 7; Referral Agencies = 1/ea.; Planning Staff = 1 7. An 8 1/2" by l l" vicinity mao locatingthe parcel withinthe City of Aspen. 8. Site improvement survey including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. (This requirement. or any !73:11-t thereof, may be waived by the Community Development Department if the project is determined not to \Van-ant a survey document.) 9. A written description of i he iroposal and an explanation in written, graphic, or model form of how the proposed development complics wit i:! ne re,lew standards relevant to the development application. Please include existing conditions as well a.s proposed. 10. List of adjacent propeily owners within 300' for public hearing. The GIS department can provide this list on mailing labels for a small fue. 92().5453 : 11. Copies of prior approvabs. 12. Applications shall be provided in paper format (number of copies noted above) as well as the text only on either of the following digital formats. Compact Disk (CD)-preferred, Zip Disk or Floppy Disk. Microsoft Word format is preferred. Text foi-inat easily convertible to Word is acceptable. Disclaimer: The foregoing summary is advisory jil nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the fut,11-2 Illid tii,i); filittl.!! representations that may or may not be accurate. The summary does not create a legal or vested right. RETAIN FOR PERMANENT RECORD .. RETAIN FOR PERMADIBI NCOIE) ATTACHMENT 2 -LAND USE APPLICATION APPLICANT: Name: AGAIN De &,Atwa 91-9 - 794 5.-- Location: T,O, -50* 7-9 7- 9- Alft-AJ 1 co 8Â£611 (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) - REPRESENTATIVE: Name: 19~1U,/AM :Foul-Le*s Address: /6 11 W. MA,14 5~Â· , 647614 l Â£-0 *l6ll Phone #: / 544 - 904 I PROJECT: Name: Address: 1-to 096*#C Â«T, , 653~tu ; 0-0. 2-LG f 1 -~ Â·Home 775140 cd po w i Phone #: 7Af-ct-L ID 10 '2-937-6741 000 2 TYPE OF APPLICATION: (please check all that apply): Conditional Use U Conceptual PUD %1 Conceptual Historic Devt. Special Review U Final PUD (& PUD Amendment) Â£ Final Historic Development Design Review Appeal C Conceptual SPA D Minor Historic Devt. GMQS Allotment U Final SPA (& SPA Amendment) U Historic Demolition GMQS Exemption U Subdivision El Historic Designation ESA - 8040 Greenline, Stream U Subdivision Exemption (includes D Small Lodge Conversioni Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane U Lot Split . D Temporary Use 10 Other: Â£ Lot Line Adjustment D Text/Map Amendment *Ke,w fT' 0 A) EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) 518&66 -1Â»llul -1-lowle PROPOSAL: (description of proposed buildings, uses, modifications, etc.) DEMOLI'flow oF '5/NGLE F#wl/{/1 tiop,LE- f>040 apte?4 L/+46 EXEs}v~PT-lch-) Have you attached the following? FEES DUE: 5 -7 / O .-- D Pre-Application Conference Summary Â£ Attachment #1, Signed Fee Agreement U Response to Attachment #3, Dimensional Requirements Form 2 Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards All plans that are larger than 8.5" x 11" must be folded and a floppy disk with an electronic copy of all written text (Microsoft Word Format) must be submitted as part of the application. M0013[30 07/30/2003 11:16 9709253067 ARD ENTERPRISES PAGE 02 07/30/2003 10: 32 9~44885 ZONE 4 ARCHI~E PAGE 01/02 Z O.N E E'lli 1 CN AMOHITEOTURE N C. P *70.844.9041 E 970.544.4885 A~~horization Letter July 30,2003 Community Development City of Aspen 130 South Galcm St Aspen, CO 81611 To The Community Development Dept of Aspen William Pollock of Zone 4 Architecture, Inc.01Â©ense # B-3329) will act on behalfof Mr. Degraeve for the 8040 Greenline Exemption. Contact infbrmation Ar Mr. Pollock are as fbllows: William Pollock Zone 4 Architecture, Inc, P.O. Box 2508 Aspen, CO 81612 P 544-9041 F 544-4885 Thank You, <~ Alain Degraeve 1/ 200 Sesame St. Aspen, CO 81611 p 544-0111 C.AZ=4\PROJECI'â„¢.1,1:.mo,tef#ondeseaAE-eaa.dvc 1/2 07/30/2003 11:16 9709253067 ARD EINTERPREES PAGE 01 07/30/2003 10: 32 9~4885 20% 4 ARC}4I1~JE PAGE 02/02 i . 47 *:,U A U ~ Fuh. ,*,una.ENT RECOÂ® CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Aereement ler Pâ€¢vment of Cttv of Aspen Development Apoligtiob Fees CrrY oF ASPEN Baedna~ crrY) â€¢ad AL,NAÂ· PEG,14*Mg' 0=einaaer APPILANr> AGREE AS FOLIOWS: '' ' 1. APPUCANT has submitted to CrrY an application fot 8040 G,11:GENUNIC *IMrnoA (heminall=r, TEE PROmCD. 1 APPLICANT uad~stand; and agrees that City of Aspen Ordim=e No. 57 (Series of 2000) Ist.blighea a be structure for I.Rad Use #plicâ€¢tiong and the paymart of all procesaidg fees is a Condi*00 preced=lt to a dek[minatioa of 00]ication complet=ess. 3. APPLICANT and CITY â€¢gree tbat because of fbe size, natuR or goope of the proposed project it is not possible at this dme to ascertain de Â£111 extznt of thc com involved in processing the application APPIICANT and CITY ftrther agree fbat it iâ€¢'in the interest of the paides that APPLICANT 81*ke paymmot of an initial depos# ed to themafte penit additon,1 60* to be biMad to APPLICANT on a mo=bly basis. ' APPIICANI' agIees dditiolat costs umy accrue following their heanngs Ind/or approvals. APPLICANT agme: he will bc bencit=d by retaining grealm: cash liquidity aid Will make, additioil payments t;,on notific,lion by the CITY when they m necessary u com â€¢re incurred. CITY *efees it â‚¬1 be beneliled tlucwgh tbe greâ€¢ier Ocruinty of,recovcrips its full co:t, te proce,5 APPUCANT'S application. 4. cry und APPLICANT fmfhar agme thmt it is ifnpncticable for CrrY staff to complete proce=ing orpresent soficient infom)*ion to dle Manning Commision and/or City Councit to en@ble'llie Pla=int Comoiiâ€¢sion and/or City Colmcit m make legally Iequired Lindings for project consid,ratio:4. tmlecs currentbillings are paid in M prior tp decision_ 5- ~ Ther*re, APPLICANT agrees tbal inconsidention ofthe arrs walver ofituight te Oolloct 6,11 Bm ptiot to a determination of appli*on completenes; APPUCANT ghall pay in initial deposit ia the inÂ»unt of S which in for " hours of Commanity Development staff time, and if actlal recorded cost, excmed the ininal deposit. APPLICANT shall ply additional montbly billings to CrrY tc xeimburse the CITY ibr the processing of the *pplication mentioned above, inchlding ' ' po:t â€¢pum**1 review at a rate of $205.00 0 planner hour OVEr dic initial deposic Sugh pedodic paym,nts shall be made within 30 days of the bihing da_~ APPLICANT further agren that failum to pay.such accrued coats 51211 be grounds for -penlion of proccssing.' and in no case will buildim permits be issued until all costs usociated with oase processin& haye b=npaid. ' 6.'- p (IncoÂ¥ my mr*ki#uhN DEd (UjfÂ» -=8Am<Z=,---_ By: Fyi -7 - - - 4-- Julie A.u Woods d/#*- 1-1 10101 Â¢ommunity Development DIrector Date: Bimng Addre,5 and Telephone Number: f'*196 gar ?q?-r- 1 1 AgIE,0. 7 . .t . I. I 84!Wporewor=$4,9ay.5.doc q795Â¢41-7, .- 6/05/03 1 . 07/30/2003 11:16 9709253067 ARD ENTERPRISES PAGE 03 .. ALTA OWNER'S POLICY - 10-17-92 -111.- 1 -1-1 1 1 ... 1 1 ---1 Â·-'-~~~ .~ POLICY OF TITLE INSURANCE ISSUED BY 1 STEWART TITLE GUARANTYCOMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTTONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDrnONS AND STiPULATIONS, STEWART TITLE GUARANTY COMPANY, a Texas corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encurnbrance on the title; 3. Unmarketability of the title; 4. Lack ofa right ofnecess to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured. but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF. Stewart Title Guaranty Company has caueed this policy to be signed and sea}ed by its duly authorized officers as of the Date of Policy shown in Schedule A. STEWART TITLE 4 GUARANTY COMPANY <\TLE Ge Chai r=n of the Boar,6 1220 -*- 9.-41 President tsi 1908 22/ Countersigned: \+Ct/.* / cu:4__ L~ Authorized Countersi gnature . Chuck Dom - STEWART Tri'LE OF ASPEN, ANC. Agcm rD #06011A N i EXCLUSIâ‚¬Â»IS FROM COVERAGE Q , The following matrers are expredy excluded from the coverage of this pol,ey and the Company will not pay logst or damage. cohts, ~ attorncyf fees or expenses which arise by reason Of: @ 1- (a) Any law. ardirtance or governmontal regulation (including hut not limited to building and zoning lawR, ordinances, or regulations) T 4 restricting, regulating, prohibiting or relating 0 (i> the occt,par*y, ux. or enjoyment of the land; (ii) the character, dimenetion< or location - of any improvanent now. er hereafter crected On the lond: (Fii) a separntion in ownership or & change in the dimensions or area of-the land or ir any parcel of which the land is or was a part: or (iv) environmental protection, or the Â¢!Tect ofany violation of these laws, ordinances or E= governmental regulations, except to the extent that 4 notice of the enforcement thereof ora notice of a defect, lien or encumbrance rÂ©sulting * ; from a violation or alleged viol*tion affecting the la.nd has been recorded in the public rccorda at Datc of Policy. (b) Any governmental police powur not excluded by (a) above, except to the ment Chat a notice of the exercise thereof or a notice of a ~6 defect, licn or encumbran= resulting from a violation or alleged violation affecting the Iand has been recorded in the public records at Dute g 2 of Policy. 2. Rights of eminent domain unless notice of th,1 cxcrcige thereof has been recorded in the publiÂ© records at Datc of Policy, but not ~ excluding from coverage any taking which has occurred prior to Date o f Policy whtch would he binding on the riyhtn of a pumhager for value -4 without knowledge. 3. Defects, licns, encumbrances, AdversÂ¢ claims or other matters: 1 (a) created, suffered, assumed or agreed to by the insured claimant: F (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the inaurÂ©d claimant And not disclowed in G writing to the Company by the insured claimant prior to the date the insuted cltilmant bconinc an insured Under this policy, (c) resulting in no loss or damage to the insured claimant; (d) anaching or created subsequent to Date or Policy ; or (c) res:ulting in loss or damage which would not have been sustained if Lhe: insured claimant had paid value for the estate or interest instured @* by thia policy. 4. Any claim. which arises out of the tiangietion vesting in the Insured the estate of interest insured by this policy, by reason oftlic operation ~ of federal bo*ruptcy, state inÂ®lvency, or gimilar creditors' rights laws; thai k based 00: (a) the transaction crcazing the e,;tate or interest ingured by thim policy bcing doerned a ftnuddlent conveyance of fraudulent tranafer; or (b) the transaction creating the estate or interest insured by this policy being deemed a preferÂ¢ntial transrer except where the preferential ~ transfer results from the faillnt: (i) to timely record the instrument of trangler: or (ii) of such recordation to impR.ft notice to a purchase for ~ Valoc or a 'ud ent or lien creditor. Serial No. O-9701-188745 07/30/2003 11:16 9709253067 ARD ENTERPRISES PAGE 04 .. ALTA OWNER'S POLICY SCHEDULE A , Order Number: 00029588 policy No: O-9701-188745 Date of Policy: May 29. 2002 at 3:09 P.M. Amount of Insurance: $ 1,600,000.00 1. Name of Insured: ALAIN DEGRAEVE 2, The estate or interest in the land which is covered by this policy is: FEE SIMPLE 3. Titte to the estate or interest in the land is vested in: ALAIN DEGRAEVE 4. The land referred to in this policy is described as follows: Lot 2, ASPEN ELECTRIC SUBDIVISION, according to the Plat thereof recorded February 19, 1993 in Plat Book 30 at Page 85 as Reception No. 354093. COUNTY OF' PITKIN. STATE OF COLORADO 07/30/2003 11:16 9709253067 ARD ENTERPRISES PAGE 05 .. ALTA OWNER'S POLICY SCHEDULE B Order Number: 00029588 Policy No..0-9701-188745 l This policy does not insure against ioss or damage (and the Company will not pay costs, attorneys' fees or expenses) i which arise by reason of: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey 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. Unpatented mining ctaims; reservations or exceptions in patents. or an act authorizing the issuance thereof; water rights claims or title to water. It 6. Taxes and Assessments for the year 2002, not yet due and payable, and subsequent years and any special aggessment= not yet certified on the tax rolls of Pitkin County. 7. Right of the proprietor of a vein or lode to extract end remove his ora therefrom. should the Game be found to penetrate or intersect the premises as reserved in the United States Patents recorded in Book 175 at Page 168 and Book 175 at Page 171. 8. Restriction, which does not contain a forfeiture or reverter clausâ€¢, as contained in instrument recorded in Book 206 at Page 301. providing as follows: That no trailer camps or trailer parks shall bâ€¢ permitted or shall be constructed. 9. Easement Agreement recorded September 16, 1977 in Book 335 at Page 80. 10. Right of waY for the Salvation Ditch an revealed by Plat of Sunny Park North Subdivision in Plat Book 3 at Page 52 as Reception No. 122358. 11. Terms, conditions, obligations and provisions of Resolution of thâ€¢ Board of County Commissioners of pitkin county, Colorado, Granting The Aspen Electric Subdivision Exemption for a Lot Line Adjugtment, Resolution No. 92-387 as set I forth in instrument recorded november 13. 1992 in Book 694 at Page 447 ag Reception No. 350755. 12. Terms, conditions, obligations, provisions and easements of Agreement by and between Barry C. Siegel, Sharon L. Siegel and Robert C. Smith and Glenda D. smith, for a Utility Easement for Lot 3 and Lot 5, Stlany Park North Subdiviclon a= get forth in instrument recorded September 22, 1987 in Book 546 at Page 515 as Reception No. 293066. continued on next page 07/30/2003 11:16 9709253067 ARD ENTERPRISES PAGE 06 .. Continuation of Schedule B - ALTA Owner's Policy policy Number: 0-9701-188745 13. Access Eaâ€¢ement granted unto Barry C. Siegel and Sharon L. Siegel as set forth in instrument recorded February 4, 1993 in Book 702 at Page 756 as Reception No. 353649. 14. Terms, conditions, obligations and provisions of Subdivision Agreement for the Aspen Electric Employee Housing as zet forth in instrument recorded February 19, 1993 in Book 703 at Payne 944 ag Reception No. 354094. 15. Terms, conditions, obligations and provisions of Ordinance No. 62 (Series of 1992) An Ordinance of the Aspen City Council Granting Subdivigion Rezoning for Moderate-Density Residential PUD (R-15) to Affordable Houning (AH), GMQS Exemption and Condominiumization, Lot 3, sunny Park North Subdivision, Park Avenue, Aspen, Colorado as get forth in instrument recordid March 5, 1993 in Book 705 at Page 277 as Reception No. 354575. 16. Ea,â€¢ments r rights of way and other matters as shown and contained on the sunny Park North Plat recorded in Plat Book 3 at Page 52 as Reception No. 122358; the Siegel-Mascotte Lot Line Adjustment Plat recorded February 19, 1993 in Plat Book 30 at Page 84 as Reception No. 354092; and the Aspen Electric Subdivision Plat recorded February 19, 1993 in Plat Book 30 at Page 85 aa Reception No. 354093. 17. Terms, conditions, obligations and provisions as get forth in Easement Agreement recorded May 29, 2002 as Reception No. 468021. -18. A Deed of Trust dated May 29, 2002, executed by Alain Degraeve, to the Public Trustee of Pitkin County, to secure an indâ€¢btedness of $1,000,001.00, in favor of Washington Mutual Bank, FA, recorded May 29, 2002 an Reception No. 46&054. 07/30/2003 11:16 9709253067 ARD ENTERPRISES PAGE 07 ENDORSEMENT FORM 110 1 (Re#~ ENDORSEMENT ATTACHED TO AND MADE A PART OF POLICY OF TITLE TNSURAN(IE SERIAL NUMBER O- 9701-182745 ISSUED BY STEWART TITLE GUARANTYCOMPANY HEREIN CALLED THE COMPANY Order No.: 00029588 Said Policy is hereby amended by deleting paragraphs 1 through 4 , inclusive, of Schedule B. This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated. it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any ptior endorsements, nor does it increase the face amount thereof. Signed under seat for the Company, but this endorsement is to be valid only when it bears an authorized countersignaturt STEWART TITLE GUARANTY COMPANY *AtfÂ» Chairmen of the BeanÂ¤ President L, L U. 1908 221 ,<UN./ Authorized Countersignature STEWART TITLE OF ASPEN, INC. Agent ID #0601 1 A L I Serial No, E- 9851.16!944 07/30/2003 11:16 9709253067 ARD ENTERPRISES PAGE 08 STG index of Endorsements to Polky~ Ram STEWART TITLE GUARANTY COMPANY INDEX OF ENDORSEMENTS TO POUCY COLORADO Agent File No.: 00029588 Ing,red: ALAIN DEGRAEVE Policy NO.: 09701-188745 Policy Form: ALTA OWNERS POLICY 10-17-92 Charge $2,883.50 The Endorsements indicated below are attached to the above referenced Policy: ENDORSEMENT 110.1 (Deletion of Stardard Exceptiong) Charge $100.00 1 1 07/30/2003 11:16 9709253067 ARD ENTERPRISES PAGE 09 CON~TTIONS AND STIPULATIONS C<*ilimied p loOF OF LOSS OR DAMAGE. 4. In addit;on to und â€¢fer the â„¢*iccA required under Section 3 of theme Conditions &â„¢1 Stipulation, have been provided the Company. a proof of loss or dittm#C aigned And *vern to hy thc inmired c!*immnt *41 be furai*ed to 1hc Company within 40 days after the in*tred claimant Atall aacerta;n the factm giving risc to the 10*; or damage. The proof of Ioss or dâ€¢mage :hall desÂ¢ribe thc deÂ¢ect in. or lien or Â¢ocumbrnnce on liRe title, or othor matter insured against by this polky Which constitutes the bast. of 10,8 or damage and *hall state, to the extert poâ‚¬*ible. the baâ€¢im of calculating thÂ¢ amount orthÂ¢ 1088 or dam*gc. If thâ€¢ Company 19 prejudiced by the Siture of the knured claimani to provide the required proof of 10,1 of dumige, the Company'* ahliption, to the inpurcd under the policy #halt tctrninate. including eny liability or chriestion to defend, rrosecuic. or conlimle lay litigntion. with regaid to the matter or matters ragilring Duch proof or ion or damage, In addition. the inkered claimant may re,Monably be required 18 Mubmit to cxaminstion under oath hy any author,Zbd reprecic:,tative of the Con,pany and shall paduce for examirlition. inspeet~on and corying. at Ruch reasonable timen ind places as may be designitcd by any authorized reprelentative of the Company. alt rucord:, booka. tedgets. checkg. corÂ¢=pondence and memoranda, whether bearing a date before or after Datc of Policy, which rea*onably pertin to the logg of damage- Further. i W requuted hy any aufboA;.ed repromentative of the Comparly, tbc inmrad claimant #hall grant it, permi*404 in writing. for any authorized rtpreâ€¢entative of the Company to examine. inspect and copy BU rocords. bookâ€¢, ledgers. checkâ€¢. conÂ·emondence *nd memoranda in ihe custody er contral of a third pafty. which roamormbly pertain to the log or damage. All information designated as confidcntia] by the ingured claimant provided to the Confny pursuant to this Scolion shall not be diRclosed lo odicm untcla. tn the =â€žsonable judgmert of the Company. it is nece=ry in the â€¢dminiatration oftbe elâ€¢im. Failure of the inmred elatment to mbmit for examination Under oath, produce dher reasonably roque,ted information or grant parmi,sion to Recurâ€¢ ma,onably necc,Bary inform,tion frnm third purlieR aâ€¢ requimd in this pnragrapt, shall terminate arly linhlrity of fhe Conorany undar thil pelicy 88 10 1111 claim. 6. OrrIONS TO PAY OR OTHERWISM SETTLE CLA]119; TERMINATION OF LIARn.ITY. ]0 cuc of A elnim under thts policy. the Company Rhall hnve 11,c following additional iptions: 01) To by nr Tender Pement of the Amouat of Ingâ€¢rnnce- To pay artender payment of the anÂ·ount of inpurance und(T thieâ€¢ potâ€¢cy toydher w,th ally com. anorneys' fees and expensca incurred by the inzured:laim*nt, which wete authorized by dic Company. up to the time of payment or,inder of,yment and which the company ts obtigated to pay. ! Upon the exergise by the Company of thia option, 811 liability and Obligations to the insured uilder this policy. othÂ®r than to make the paymeN required, shall terminate. including any liah;Nty or obligation to defend. prmccute, of eemtinuc any Htigation. and the pot,cy Alâ€¢]1 be wrrwidered tn Ybc Company for cnngcUation. (b) Tn Iky or Other,Iise Settle With Parties Other than the Ing,red or Wilh Ap Insured Claimant. 0) to pay or otherwise Bettle with olher parties for or in the name of an ingured Â¢]aimant any claim insurd *emlet under this policy. together with any costR, ellorner' fees and expenses prwurred by the imircd cla@mant which were mithorized by the Company up to the time of payment and which the Company iN obligated to r Gi) to pay or dthefutime *tle with the ingured thimmithe loas or domage provided for under thig policy. together with any cotts. attorneys' fees and cxpease# incuretd hy the ingured claimant which Were *uthort,Ad hy the Cornpany up to the tifne of payment and which dic Compnny is obligated to pay. Upon the exercise by the Company of either of thc optlong provided for in paragraphs 09(D or {iD, the Comp,Ay', obligatkni to me inmred undertbill poliey br [he clatmed lon or d*mage. other than :be payment* required to be made, Bhatt termimtc, includkng gny riability or obliestion to defend, proeecute or contirule any litigatiOL 7. DETERMINATION. EXTENT OF LIABTI,ITÂ¥ AND COrNSURANCE. Thi, policy i* a contract of indemnity agâ€¢in:4 actual monetary toss or damage Bugtained or incurred hy the ingured els;mant who haR *ullcred 1080 or damags by Itason i of matters inFuned agâ€¢in,4 by this polity Rild only to (he Â¢xtent h818in described. (a) The liability of the Company under this policy Mhall not exÂ¢eed the Icagt of: (i) the Amount of Insuranct *Med in Schedule A. or. i 02) the dikrence bctwccathe valtâ€¢c of tho ;n*1104 estate or interest Raingured and the v,lue Ofthc innured **tatc or interest Nubjoct to the defect, lien ot eneum- brancc inwred against by this policy. (h) In 1hc cvcnt the Amount of Inburance stated in Schedule A nt the Date of Policy ia las than 80 percent or the value of the ingured estate or irtterector the full consideration paid for the lend. whichever- im Ica. of if pubmquent to the Date of Policy an imrrovcment iâ€¢ srected on the land which increases tlic value of the inmired entate or interest by at lait 20 percent over the Amount of IngurnneÂ¢ *ated in Schedule A. then this Policy i, subject to the following: 1 6) Where no Dubscquent imprevement has been made. a. to any partial Io* the Company shall only pRy the lomz pro rata in the proportion that the amount of inmirance al Date of Policy bear# 20 the total vili,c of the ins.urud estate or interest at DMIc of Policy: or (ii) where A Â®bicquent impTInrement bas bccn made. 83 to any parlial loss. the Company shall only ply the lots pro rata in the prx~portion that 120 percent oftbc Amount of In,urami Ktated in Sahadule A heari le Thc izurn 0(hhe Amount of Insurance statcd in Schedule A ind the Amount expended for the ~mprovcment. - The pruviaion# o f thia paragraph shall new .pply to co.â€¢s. Rt,orncy,0 fgcs and expert.es for whieh the ConÂ·,piny t. liable under 11:98 policy. And shall only Apply to that portion Q f any los. which exceeds. in lhc aggreggle, 10 percent of the Amount of Insurance stated in Sqhcdule A. (c) The Company wilt pay only thole CONS. attorneyâ€¢' fees and expensca ineurgd in accordange with Section 4 of thejle ConditionA ond Stiputatk,nA. R. AM'ORTIONMENT. If thc land de,cribed in Schedule A consi,t. offwn or mr,re parcalg *hich are not u,cd as a single sitc, and a loaa k established affecting ona or more of the parcel$ but not all, the kims shall be cÂ¢,mputed and mented on â€¢ pro ratâ€¢ 151*11 A. if the â€¢mouni of inâ€¢urance under thia policy wag divided pro ral,1 - to [he vaiue on Date of Policy o' Â·Â·sh *eparine. pamel to the whole. excht#W,06tny iniproverrients nude wbacqucnt to Date of Polky. unlci,8 8 lial,Uity or value has otherwina hten agreed upon ag to t . Arce! by the Company And the insured at the time .,fthc lamlance of 1Ms poficy and *hown by an cxpreis statement ortly nn endorsement anached to this policy. - thi, poky) (ALTA Owner's Polky) .. ARCHITECTURE N C. P 970.544.9041 F 970.544.4885 Project Description July 30,2003 Community Development City of Aspen 130 South Galena St. Aspen, CO 81611 To The Community Development Dept. of Aspen, The existing single family home residing on Lot 2 ofthe Aspen Electric Subdivision is to be demolished. Thank You, 41 - A '0-,1/L-/L Bill Pollock 617 W. Main Street Aspen, CO 81611 P 544-9041 C:\Zone 4\PROJECTS\degraeve2\ProjetDiscrip.doc 1/1 0*lt* 6*:402 F #QW * s' *rE 4 14 .Alk 7 +0 /1- . X r -2 6 Luk co 2 \ ' Q , 22 / 4 * 94-2 ~ el j e e 1 #4 9 29 YEL CAP #,p 28243 7 ~ 0 A- A / I 84 -1 AL#k 61 0 300 A k 4- YEL C.AP-- 94 7 0,.20-r5 1 +4 k. CO 91111 156/ YEL UP \ 4.o N 24. * 4 28641 420 . E A -,f f -00\00. / 9 SET 41 1 SCALE-Â·-- \ CDR (03 254; .%. r.%. i 49 SET REBAR I INCH - 10 FEET 1, P.0 L. - NOTE: LOT 5 HAS UT ..ITY 1 EASEMENT ACROSS LOT 2 ASPEN ELECTRIC SUBDIVSION PER BOOK 546 PAGE 515 . ' 0 5 10 15 20 CLEANOUT , LOT 5 SUNNY PARK NORTH ~/ SET PK NAIL IN . ~ ~ 1 1- j STEPS P.O.L. 46 ./ - 5.- WOOD STEPS . 0 : 1/2 PLAT BK 30 PG 85 ENCROACH i V W 11- r t) 13 40 20' PEDESTRIAN & UTILITY EASEMENT 1 -- A â€ž~ OAS /0 /f ~ ORTElÂ¢--- 1 - O 12 00. .-'.---- 0, ..4 e o) 4G 0 2 0% 34.0' \ 40 4 b /5 Â·Â·t.,s. 64/P YEL GAP ~ CLEANOU 4,6 .Ft /14 20/S I LOT 1 - 1 ) J E 1 4 / PLAT BOOK 57 PAGE 85 Y, O 2 STORY MASONRY 6, 1 IF . r HOUSE â€¢ I 1 1 . SET \ S 80'21'00"E 3. ~ NO CAP COR 'EL CAPS 37.50 Lin 1 - - 1 9 N . ..1 -01 UP ~ 4 26.02 0 9184 ~ ' BOOK; 335 PAGE 80 . f 1 - / ILDING ENVELOPE .~ -_ _-- 9.'T / -, FUTURE 9.00 24 D 'CH . 111<,/2/~t 64_3.r PER P\-Al BOOK 30 ?5 0 1 LE#vD & NOTES - : il-2--.2=r.a:'- -V .EASEMFAIT ,# . -" P 44. FOLLOWS THE : \ 1 L ~ 541 un 1 NO CAP ~ FOUND SURVEY MONUMENT REBAR WITH CAP AS NOTED /V Ut B CENTER OF = ~ 00â‚¬tt BURIED PI PEL INE ~~ L -2 cnn 1 3 SPIKE OR P-K NAIL SURVEY CONTROL AS CONSTRUCTED ~ 701! 0 ~ ~ Â»IOT DEERMINED 1 POSTED ADDRE~S '210 SESAME STREET C . \ EXACT .OCATION <40 F: 37 01 \ \ 1/~ 57 122â€¢â€¢â€¢-1-00 1 J 1 \ fâ‚¬F / ..-0-- t Â® ELECTRIC TRANSFORMER 7 LOT 2 M COTTE LODE O UTILITY BOX AREA - 18,320 SQ.FT. +7- * MANHOLE PLAT BOOK 30 PAGE 85 SET J~ <6; \ ~ ---W- WATER LINE AS MARKED BY THE CITY OF ASPEN . COR \ WATER DEPT. 40 - AREA OF LOT 2 IN THE 4 9. 13 SUBJECT TO RESTRICTIONS c; - Â· G- GAS LINE AS MARKED BY KN ENERGY MASCOTTE LODE IS 4 71 1 PER BK 694 PG 447 7% /Â»Â» i -- 4 +- SEWER LINE FLAGGED BY ASPEN METRO SAN D 1 S TR I CT 4) 1 - Â·- JOINT ELECTRICAL TRENCH (ELEC TV TEL) YEL C S L A & 5 \ AS LOCATED BY OWNER 201 , 4 2 , COMMITMENT NO. 00029598-C3 TITLE INFORMATION WAS FURNISHED BY: STEWART TITLE OF ASPEN, INC. .0 1- ; DATED: APRIL I , 2002 01.-- 9 SUBDIVISION PLATS (PB 30 PG 85 & PB 57 PG 85) ASPEN ELECTRIC SUBDIVISION WERE USED FOR RECORD SURVEY INFORMATION re to/ k. 0.00 4 <5 T ! CERT IFI CAT ION 0 l ' CERTIFIED TO: ALAIN DEGRAEVE STEWART TITLE OF ASPEN, INC. YEL CAP' -4 - ---, 1 1 , 20151 DAVID W. MeBRIDE. A REGISTERED LAND SURVEYOR IN THE STATE OF 332*RADO DO HEREBY CERTIFY THAT THIS SURVEY WAS FIELD SURVEYED 032 ! NG MARCH, 2002 ON THE GROUND OF THE PROPERTY LEGALLY DESCRIBED HEREON. AND IS CORRECT BASED ON THE FIELD EVIDENCE ~ SHOWN AS FOUND HEREON. AND THAT THERE ARE NO DEISCREPANCIES. IMPROVEMENT SURVEY ED CAP 9018 CONPL!CTS. SHORTAGES IN AREA. BOUNDARY LINE CONFLICTS. ENCROACHMENTS OVERLAPP ING OF IMPROVEMENTS, EASEMENTS OR RIGHTS OF WAY INFI ELD EV'DENCE OR KNOWN TO ME. EXCEPT AS HEREON SHOWN. UNDERGROUND UTIL!TIES wir}.1 No VISIBLE APPURTENANCES AND DOCUMENTS OF RECORD NOT FURNISHED -~ LOT 2, ASPEN ELECTRIC SUBDV I S ION TO ThIE SURVEYOR ARE EXCEPTED, THIS CERTIFICATION IS VOID UNLESS CITY OF ASPEN, Â¥,"ET s- AMPED BY THE SEAL OF Tl:12*~*Â¥Rmi.: i, 01 0:rÂ¢Er. TH IS,7 DAY OF 4(481~~~14 * 42:5,*104** 4.04 PITKIN COUNTY, COLORADO - â‚¬O V . 1 .41' 9 ., - 0 1, f /'~4,~'~:; C Â·Â·Â· " -*. , 94 bg pitu i Aft~ g 'f --~~12~'12&44 MeBRIDE RLS 161*90*3, 841*.t..wt'Lf ......- ti...4,20- 7 PREPARED BY ASPEN SURVEY ENGINEERS, INC, 9. Â»1 - 1.9:. I 1400/. Kc -0 COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACT ION 210 S. GALENA STREET e ASED u, N ANY DEFECT 1 N THIS PLAT WITHIN THREE YEARS AFTER YOU ASPEN, COLO. 81611 L:RST Di:;.%'VERED SUCH DEFECT. IN NO EVENT: MAY ANY ACTION BASED PHONE/FAX (970) 925-38 i 6 UPON LA,v D r FECT IN THIS PLAT BE COMMENCED MORE THAN TEN YEARS E-MAIL doveâ€¢aspeninfo.com FRON 1-Â·Â·r :Â·ATE OF THE CERTIFICATION SHOWN HEREON. job no. 32080B MARCH 28, 2000 REVISED APRIL 17, 2002 / A 1 1 '444. N 00Â° 38 47-W 2 LEGEND AND NOTES 1 . 0 ..4 \\\\ 4 I.... 1 O FOUND SURVEY MONUMENT AS DESCR I BED . I ./ 82 POSTED ADDRESS: -210 \ 9-2 I. /O . An CITY OF / TITLE INFORMATION FURNISHED BY: 9 J ~~ ASPEN / 1 ORDER NO. 00029598-C3 2& DATED: APRIL 01; 2002 A STEWART TITLE OF ASPEN, jNC. .. 29 LOT UNDER CONSTRUCTION 1/03 A gY SNOW ON GROUND AT T I ME OF SURVEY I /03 . .. 4 22 LOT 7 CALLS IN ( ) RECORD / ~ SUNNY PARK NORTH SCALE 1 - 20 Â£ty -~-------~----- * 2,4 . 1 0 20 40 AM fk e 0 -' 2 FOOT CONTOURS .. lu<* 1, 22 ... -U ... -ZOX- 30% 41 2 .. .. I . -k â€¢ â€¢ 1â€¢â€¢â€¢â€¢ .*.1Â· ..1.: ..Â·: 6(4 4, f NO. 5 RE-BAR PX .. (A .- 60 F;4 '242 (0% OF /22~447,3 ' p *X . if ~ , - 9 09 WJ '14,4/ 6 4 21 'I':./ Se ,% 242' 0 : 0 .. . e NOTE: LOT 5 HAS UTILITY 1 ..p.j./< / 1 - EASEMENT ACROSS LOT 2 ASPEN ELECTRIC SUBDIVSION 1 6 PER BOOK 546 PAGE 515 LOT 5 192 (31 SUNNY PARK NORTH Â¢ / {/1-:- /1 : 9- (4Â· 1 k XX X x X Â·to I X . XI . AREA TABULAT IONS ~ ~~ ~~ ~~ ; XI * 2 X XXX X X ></ X O/4 .- , 0% I X // I k X LOT AREA: 18,320 SO. FT . I AREA OF SLOPE 20% TO 30%. 820 SO. FT. I X 1,7.0 0.4....Aft.,t.,2, 3 1...12 'hal .-tr \ . XXX ./ 8<44 AREA OF SLOPES GREATER THAN 30%. .5,785 SQ. FT. XXXX- ' 8 REMAINDER: 11,715 SQ,FT 0 Ma * .4 h r I.-.' .Â· i ~ M X x ~ ~ SLAB TBM 100 -NO.5 RE-BAR t, 40 4 4 420 1 3 0 (5 80Â°21 37.50') HOUSE ~, 3 1~29 5 - XI 41* 70 1 U! . r m N A x xx ~r<.,1 Q C 5, / 4' 26.0 X XX 7* M A6.7 . 'xI. â‚¬1 tr .. - Lof'~~~l-lf, i 0 0 0 ./. XI C / XIII' X X X X ~ DECK ~ ... I XXX X Ix/ NO.5 RE-BAR jill ir t XXX . It I X. /. 0 0 ~ 0 0 0 f ---- faj->iÂ«r 1 1 4 C.\ ~/yL-kr-Â·0*-00 \ 16129 - Â·~> ~ 1 i \ FUTURE BUILDING ENVELOPE LOT 1 2 45 PER PLAT BOOK 30 PG 84 LOT 2 0 SUNNY PARK NORTH 9 AREA - 18,320 SO.FT. ./- \' Ul T BOOK 30 PAGE 85 . rip r '+ < *6 IN 45'24'29-E 4.55 1 -----~~~ 2 0 ....... / 43 .... X*XXX.X 0 XXXXXXX .*XX*XX 2 XXXXX*X /- .xx.xxx SLOPES BETWEEN 20 AND 30% (820 SF ./-) $ CERTIFICATION *XXX*XX ........ I. 1, JOHN HOWORTH, HEREBY CERTIFY THAT THIS PLAT WAS PREPARED FROM ....... x.x//x. 3 i 9 FIELD NOTES oF A SURVEY PERFORMED UNDER MY SUPERVISION DURING , g...... . I AREA OF LOT 2 IN THE 6 MASCOTTE LODE IS , 2003. THIS SURVEY VOID UNLESS WET STAMPED. SUBJECT TO RESTRICTIONS PER BK 694 PG 447 SIGNED THIS-AY OF , 2003. / 6 g ~ro JOHN HOWORTH P . L . S . 25947 0. \ 1 (5/785 SF +/-) Cr RED CAP j TOPOGRAPHIC SURVEY 9018 OF LOT 2, ASPEN ELECTRIC SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 19, 1993 IN PLAT BOOK 30 AT PAGE 85 AS RECEPTION NO. 354093. CITY OF ASPEN COUNTY OF PITKIN STATE OF COLORADO PREPARED BY ASPEN SURVEY ENGINEERS, INC. 210 SOUTH GALENA STREET ASPEN, COLORADO 81611 PHONE/FAX (970) 925-3816 NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT ON THIS PLAT WITHIN THREE YEARS DATE JOB AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS PLAT BE COMMENCED MORE THAN TEN 1/03 32080D YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. THE CERTIFICATION IS VOID IF NOT WET STAMPED WITH THE SEAL OF THE SURVEYOR.