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Home My WebLink AboutLand Use Case.120 E Hyman Ave.0100.2016.ASLU0100.2016.ASLU 120 E HYMAN AVE '- 1 ADU AMENDMENT 2735124 60 004 6 4 44*61 SL GAr#j Zf*Â£ ~~~~~ PATH: G/DRIVE /ADMINISTRATIVE/ADMIN/LANDUSE CASE DOCS THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0100.2016.ASLU PROJECT ADDRESS 120 E HYMAN AVE PARCEL ID 2735 124 60 004 PLANNER REILLY THIMONS CASE DESCRIPTION ADU AMENDMENT REPRESENTATIVE GLICKMAN/PAIGE AND PAU L DATE OF FINAL ACTION 02.09.17 CLOSED BY ANGIE SCOREY 1.23.18 27 6% 1 -2-4 Goon (+ 0 <03 10\ to @El_jA Â· -OX ile Edit Record Navigate Fgrm Reports Format Tab Help .1~.i? 1@@)*)*,1&,1.11.9/'11=15" i E â‚¬ 3 2 8. li }1 4 > M O ij a iump 1 1, Ili*I 6 Il ':&*AdjrÂ· .Â· 19 0 2 9 9 3 1//3 0[b a.4 9 /0 .... Â»,"~ .*.44~ Imin~ Custom Fields Routing Status Fee summary Actions Routing Bistory 1 Rrmittype aslu - :Aspen Land Use Perrilit~~ 7 ' .. co.,<i= 27 232.r: = f/*44 :1Â¢~~00 ~ Address 120 E HYMAN AVE 1 ~ ' Apt/Suite ~#4 ' City ASPEN d."Â·Â·' - f.., state ~ Zip 81611 hrmit Information -.--r.,,~,â€ž,â€žâ€ž,â€žâ€ž~,~ Master permit Routing queue aslu16 Applied 11/28/2016 | v 1 Projed Status pending Approved i V Description APPLICATION FOR AMENDMENT OF AN ADU Issued ' v Closed/Final Submitted PAIGE GLICKMAN 310 4321100 Clock Funn:ngl Days E-01 Expires 11/23/2017 - submitted via j v Â·,salit Owner Last name GLICKMAN First name PAIGE AND DAVID 21000 MENDENHALL CT TOPANGA CA 90290 Phone () - Address Applicant Â® Owner is applicant? Il Contractor is applicant? Last name GLICKMAN First name PAIGE AND DAVID 21000 MENDENHALL CT TOPANGA CA 90290 Phone () - Cust # 30517 Address Email Lender last name First name Phone () - Address u lippold5 (.er et.~',angelail~ Of 1.-_.Â·4 Llc 4 Eli 14 0 Q/WAY,Jkb. 44 79,00 ~ se,ON )13!no~ ~1<oqlooll ~ sdnoiD qui] t lillil RECEr , ION#: 636056, R: $33.00, D: $0.00 DOC CODE: APPROVAL Pg 1 of 5, 02/09/2017 at 01:46:09 PM 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 COMMONLY DESCRIBED AS 120 EAST HYMAN STREET; AKA THE CORKSCREW DUPLEX CONDOMINIUMS, UNIT 4, COUNTY OF PITKIN, STATE OF COLORADO. Parcel ID No. 273512460004 APPLICANT David Paul and Paige Glickman REPRESENTATIVE: Paige Glickman SUBJECT & SITE OF AMENDMENT: Removal of an Accessory Dwelling Unit (ADU) and vacation of a deed restriction from a duplex residence located at 120 East Hyman Street, legally described as Units 3 and 4, Corkscrew Duplex Condominiums, according to the Condominium Map recorded in Plat Book 13 at Page 46, and as defined and described in the Condominium Declaration for Corkscrew Duplex Condominiums recorded in Book 427 at Page 188. 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 constructed an accessory dwelling unit for the purposes of affordable housing mitigation, one ADU associated with each dwelling unit. Based upon City Council approval, a Restrictive Covenant was filed on April 3, 1984 and recorded on April 4, 1984 (Reception #258546). The Applicant proposes the removal of the ADU and vacating the deed restriction. Section 26.520.090[C] establishes the approval process for removal of ADUs that were developed prior to the adoption of Ordinance No. 35 (Series of 2015). In order to initiate the vacation of the deed restriction, the Applicant will be required to mitigate for affordable housing at a Category 2 rate for .38 full-time equivalents (FTEs). The Land Use Code allows for the required mitigation to be achieved by either a fee-in-lieu payment or the extinguishment of an Affordable Housing Credit. The Applicant has stated that they intend to make a fee-in-lieu payment. Additionally, the structural changes necessary to remove the ADU must be issued a building permit and pass a final inspection by the Chief Building Official. The Applicant has been informed of the necessary changes and will need to remove the existing kitchen facilities in the ADU. STAFF EVALUATION: Staff finds that the request meets the requirements of an Amendment of an ADU or Carriage House Development Order; allowing for the removal of 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 to vacate the ADU (Unit 4) 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: Â» /ft)41 41 41/1,1. OA_, -1 8 2 -3- ) 7 0 1 3- 1 Jessica Garroâ‚¬ Dhie \-Community Development Director CONSENTED 10;1 7 96Â£Vfaige Glickhian U( 9 Attachments: Exhibit A - Original ADU Deed Restriction (Reception # 258546) Exhibit B - Application (not recorded) . ..ti Â· i, ifkfit:....1 HON 404 muljfj 258546 RESTRICTIVE COVENANTS Employee Dwelling Unit LORETTA BANNER PITKIN CTY, RECORDER -- THESE COVENANTS made this 2.rd_ of Aprill~Â¥9~4 Ly28 fli '84 Â¥.......... 45, Edwin W. Baker, Jr. (hereinafter referred to as "Owner") . WITNESSETH: WHEREAS, the Owner is the owner of the following described property situate in the County of Pitkin, State of Colorado, it known and described as follows: Units 3 and 4 CORKSCREW DUPLEX CONDOMINIUMS According to the Condominium Map recorded in Plat Book 13 i ~ at Page 46, and as defined and described in the Condominium ' Declaration for Corkscrew Duplex Condominiums recorded in Book 427 at Page 188, (hereinafter referred to as the "property") ; and 1 â€¢ WHEREAS, the Owner has obtained approval for (and the City t..~1~A has approved) an additional dwelling unit (hereinafter W referred to as "Unit") on such Property as the same is described K -C in, and provided for, in the Covenants recorded in Book 426 2 at Page 969 of the Pitkin County records, and WHEREAS, it is acknowledged by the Owner that the purpose of such additional dwelling unit is to provide rental opportunity J i for an employee of the community in accordance with guidelines ~0 of the City, and that the Owner wishes to insure that the Unit continues to be used and occupied as an employee rental d. . unit in accordance with such guidelines requirements. .'. NOW, THEREFORE, in consideration of the approval of the Unit, it is hereby agreed as follows: 1. The Owner shall maintain the unit in conformance with 42 2.-Â· the requirements of the Municipal Code of the City of Aspen as I referred to in the aforementioned document, any and all represen- 'Â· f. p.< '~ ' '. I ' k'AÂ·7 j i.: S, ..t ' BOOK 464 mE134 tations contained in the application for an additional dwelling unit, as well as any and all conditions imposed by the approval granted by the City. In the event any of the foregoing are inconsistent with other provisions of this Agreement, the : more restrictive shall apply. lk-c- -I iff. 2. In addition, the Owner agrees that: a) The Unit shall be registered with the Housing 11 Authority of the City of Aspen and Pitkin County, Colorado j (hereinafter called "Authority") . b) The Unit shall not be occupied by the Owner or spouse. c) The Unit shall not be rented for periods of less than six (6) months. d) A copy of the lease and verification of employ- 1 ment shall be forwarded to the City by the Owner within 10 days following the signing of a lease agreement. e) The Unit may be offered for rent through the City if the City finds this Agreement is not being complied with. 3. The City is hereby authorized to verify the qualifica- = tions of any tenant prior to occupancy; provided, however, that Â·' L t the Owner shall have the right to select tenants from among eligible applicants and shall have the final jurisdiction with respect to the selection thereof, so long as there is compliance ; with this Agreement. 4. All rental proceeds shall be payable to the Owner and nothing herein shall be construed to require the City to supply tenants, nor to constitute an indemnification of the Owner (by the City) against any losses attributable to the rental of the Unit, including, but not by way of limitation, non-payment of rent or damage to the premises. 5. The provisions of this Agreement shall be covenants -2- 1.--r 7.-- 1 F. I r *5} mÂ·IH i . %â€¢407".al....i , 67 ../.04 ' r.' .le D, 1. r, emx 464 mw133 Lr running with the land, be binding upon the Owner and the City, his or its heirs, successors and assigns (and enforceable by any of them). 6. The term Owner as used herein shall refer to any and all persons, male or female, having an ownership interest in .5 4.> the Unit which is the subject of this Agreement. .2.9. / r / 7. There is hereby reserved to the parties hereto any and all remedies provided by law (fine, imprisonment, and/or injunction) for breach of this Agreement or any of its terms. 8. In the event that the City shall have probable cause to believe that the Owner is violating the provisions of these covenants, the City may inspect the Unit upon reasonable notice during reasonable hours to verify occupancy by an employee. 9. The Owner acknowledges that he has read and fully understands and accepts the terms and conditions of this Agreement; and further acknowledges that he is relying upon no oral representations qualifying or limiting the terms hereof. IN WITNESS WHEREOF, the Owner has executed this instrument on the day and year above first written. OWNER: .. . ti,~ 1 \ 4Â£Â¢d>jU-JA/-1=kAJA An- Edwin W. Baker.,- JI~ 4 ;. K i STATE OF COLORADO ) ) SS. 5* â€¢ COUNTY OF PITKIN ) fi 4,- The foregoing instrument was acknowledged before me this Â· 3rd day of April, 1984 by Edwin W. Baker, Jr. 1 Witness my hand and official seal. My commission expires Juns/45, 1985. . '. Itk. fc---41/:.ipt~ - Notary Public ; i 1-1 5 >241-10 ' r 4Â»71' 4. ' -3- O ft. 1,2 litelf Pitkin County Clerk & Record iff Meeting Agenda - February 10, 2017 Agenda. - Vectra Bank - 8:00am - 8:45am 4 Performance Review Reminders 4 Summer Conference - June 19 - 21 Staff Meeting - Future Agenda Items (if anyone has a topic, please submit for future meetings) Retreat - April REMODEL: Visioning Discussion, Timelines, Stakeholder Input, new lobby area, etc. BITS - Google Training / Drive Customer Service- Rememberthe customers perception Workflow processes Courtesy- 10 Rules Office Values Review: Teamwork, Integrity, Positive Service, Balance County Values Review: Stewardship, Ethics, Excellence, Collaboration, Open Communication, Positive Work Environment 4 Does anyone have a recommendation regarding what they would like to see or discuss in a future meeting? DAVID AND PAIGE GLICKMAN 21000 MENDENHALL CT. TOPANGA, CA 90290 310-432-1100 November 17, 2016 NOV 1 7 2016 Reilly Thimons Land Use and Planning Department 130 S. Galena Street, 3rd Floor Aspen, Co 81611 Dear Ms. Thimons: Thank you again or taking the time to meet with me last month for the required Pre Application Conference regarding our desire to remove the ADU restriction to our property located at 120 East Hyman Ave., Unit 4, in Aspen. I believe that this package contains the legally required items to complete our submission. Please let me know if this is not the case and/ or what further is required to proceed. The subject affected property is located at 120 East Hyman Ave., Unit 4, Aspen, Colorado 81611. The legal owner of both the home (120 East Hyman Ave., Unit 3) and the attached deed restricted ADU unit 4 is "David Paul Glickman and Paige Glickman. The home, Unit 3, is undergoing a major renovation right now pursuant to permit and should be finished in a month or so. Our hope is to keep the ADU unit as a Family Maintenance unit. We have no plans to change or renovate the unit unless required to do so by the City, which I understand may indeed be a requirement. Hence, I have no information to fill in regarding changes to lot, square footage etc., as there should be none. Per your edification, our neighbor at 118 East Hyman went through this process a few years back and bought out the ADU restriction to his Unit number 2. We are hoping to do the same. Your primary contact for this process is: Paige Glickman, 21000 Mendenhall Ct. Topanga, CA 90290 310 432-1100 office 310-220-2222 cell Thank you for your attention to this matter. baterâ‚¬/3/1 / ~fdge G'65'f~lan 0100 -20(6-*sul CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Reilly Thimons, 429.2754 DATE: October 21, 2016 PROJECT: 120 East Hyman Street REPRESENTATIVE: Paige Glickman, Owner 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. 258546. 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. Follow link below to view the City of Aspen 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: U' Completed Land Use Application and signed fee agreement. 7 Pre-application Conference Summary (this document). C~ 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. l;Z~ 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. 4 HOA Compliance form d Written responses to all review criteria in Sec. 26.520.090.C Ct' An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. 2~ 1 Complete Copy. If the copy is deemed complete by staff, the following items will then need to be submitted: rf' Total deposit for review of the application. D 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. CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Sara Nadolny, 970.429.2739 DATE: March 23, 2016 PROJECT: 120 E Hyman Ave - Corkscrew Duplex REPRESENTATIVE: Cheryl Schmidt, 970.923.1677; Paul Taddune, 970.925.9190 REQUEST: Administrative Determination DESCRIPTION: The applicant is interested in an administrative determination by Planning Staff that will clarify which units in the building were originally designated as Affordable Housing Units. Specifically, the applicant would like a determination of Council's actions regarding the approval of the units within this condominiumized parcel. The subject site is located in the Residential Multi-family (RMF) zone district. The Declaration of Covenants, Restrictions and Conditions (Book 426, Pg 971) indicate the project was created with two basement level affordable housing units, designated as Units 2 & 4. The plat for the site is recorded at Book 13, Pg 46. The applicant is requesting this determination due to some confusion on the part of the Title Company regarding which units in the Corkscrew Duplex were designated as affordable housing units due to a possible error in the Restrictive Covenants document, recorded at Book 434 Pg 133. Below are links to the Land Use Application form and Land Use Code for your convenience: Land Use App: http://www.aspenpitkin.com/Portals/0/docs/City/Comdev/Apps%20and%20Fees/2013%20land%20use%20a pp%20form.pdf Land Use Code: http://www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zoning/Title-26-Land-Use- Code/ Land Use Code Section(s) 26.304 Common Development Review Procedures Review by: Staff for complete application APCHA (Housing Authority) Public Hearing: None required Planning Fees: $650 for two (2) hours of staff review time Referral Fees: Aspen Pitkin County Housing Authority (APCHA) - $650, flat fee Total Deposit: $1,300 (additional planning hours over deposit amount are billed at a rate of $325/hour) To apply, submit the following information: Â¤ Completed Land Use Application and signed fee agreement. m Pre-application Conference Summary (this document). ASLU Administrative Determination 118/120 E. Hyman Ave 273512460800 1 1 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. 0 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. m HOA Compliance form (Attached) Il A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application and relevant land use approvals associated with the property. Il A site improvement survey (no older than a year from submittal) including topography and vegetation showing the current status of the parcel certified by a registered land surveyor by licensed in the State of Colorado. O An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. C] 1 Complete copy of all application materials. 0 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. 2 COMMUNITY DEVELOPMENT DEPARTMENT Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed bY the property owner or Attorney representing the property owner. Name: Property Owner CID: Email: Phone No. Address of Property (subject of application) I certify as follows: (pick one) El This property is not subject to a homeowners association or other form of private covenant. E This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. El This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. 1 understand that this document is a public document. Owner signature: date: Owner printed name: or, Attorney signature: date: Attorney printed name: . CITY OF ASPEN COMIMUNITY DEVELOPMENT DEPARTMENT Agreement to Pay Application Fees NOV 1 7 2016 D too. 2.016 - Abl,l~ An agreement between the City of Aspen ("City") and Property 'th 9 31, ~Â¥kkl (91#c k-rrn.,1 c,7(2 Phone No.: 3 (O --4/3 a.. nec, Owner ("r,): <PAile. 6 I t'clivrrir) Email â‚¬)lickrnk/}ra,O,71 1. Co/<9 Address of lao EAST tly'nAN, uyâ€žT 4 Billing Alooo theridey,hA il t-0. Property- Address: (Subject of Aspen, Ce KI (OIl (sendbills here) TorÂ«-09':k, CA 90290 application/ADU- 12,0-y 00-T 3 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. De- pos It pl us ho u.rj $. 41Â·5 - flat-fee for p |an.nk Flj de,bS,-1 $. 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 this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for no-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render and application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, 1 agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $ v75 to deposit for 2 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. $ deposit for hours of Engineering Department stafftime. Additional time above the =(1 deposit amount will be billed at $325.00 per hour. m City of Aspen: Property Owner: -/ /) 4- v Jessica Garrow, AICP Community Development Director Name: U e ...1/ 114/ & 1,'al;re-r~ -P -6 City Use: / Fees Due: $ 4 Received $ 6415 '~ Title: .-1 0, Ou) REI PLEASE FIND HEREIN REGARDING APPLICATION TO REMOVE ADU DEED RESTRICTION FOR 120 EAST HYMAN AVE., UNIT #4 EXHIBIT 1 - COVER LETTER EXHIBIT 2 - PRE APPLICATION CONFERENCE SUMMARY EXHIBIT 3 - TITLE INSURANCE DATED JUNE 30, 2016 IN THE NAME OF DAVID PAUL GLICKMAN AND PAIGE GLICKMAN EXHIBTI 4 - WARRANTY DEED WITH ATTACHED LEGAL DESCRITPION IN THE NAME OF DAVID PAUL GLICKMAN AND PAIGE GLICKMAN EXHIBIT 5 - HOA COMPLIANCE FORM EXHIBIT 6 - VICINITY MAP EXHIBIT 7 - LAND USE APPLICATION EXHIBIT 8 - DIMENSIONAL REQUIREMENTS FORM AND COPY OF KIM RAYMOND ARCHITECTS 2016 FLOOR PLAN FOR ADU UNIT NUMBER 4. EXHIBIT 9 - AGREEMENT TO PAY APPLICATION FEES EXHIBIT 10 - COPY OF CHECK FOR $975.00 DEPOSIT DAVID AND PAIGE GLICKMAN 21000 MENDENHALL CT. TOPANGA, CA 90290 310-432-1100 November 17, 2016 Reilly Thimons Land Use and Planning Department 130 S. Galena Street, 3rd Floor Aspen, Co 81611 Dear Ms. Thimons: Thank you again or taking the time to meet with me last month for the required Pre Application Conference regarding our desire to remove the ADU restriction to our property located at 120 East Hyman Ave., Unit 4, in Aspen. I believe that this package contains the legally required items to complete our submission. Please let me know if this is not the case and/ or what further is required to proceed. The subject affected property is located at 120 East Hyman Ave., Unit 4, Aspen, Colorado 81611. The legal owner of both the home (120 East Hyman Ave., Unit 3) and the attached deed restricted ADU unit 4 is "David Paul Glickman and Paige Glickman. The home, Unit 3, is undergoing a major renovation right now pursuant to permit and should be finished in a month or so. Our hope is to keep the ADU unit as a Family Maintenance unit. We have no plans to change or renovate the unit unless required to do so by the City, which I understand may indeed be a requirement. Hence, I have no information to fill in regarding changes to lot, square footage etc., as there should be none. Per your edification, our neighbor at 118 East Hyman went through this process a few years back and bought out the ADU restriction to his Unit number 2. We are hoping to do the same. Your primary contact for this process is: Paige Glickman, 21000 Mendenhall Ct. Topanga, CA 90290 310 432-1100 office 310-220-2222 cell Thank you for your attention to this matter. Sincerely/'7 25 Paige Glickman *WESTCOR POLICY NO. Land Title Insurance Company OP-6-CO1045-5065835 ALTA OWNER'S POLICY (6-17-06) JSSUED BY WESTCOR LAND TITLE INSURANCE COMPANY OWNER'S POLICY OF TITLE INSURANCE Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SIJBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, WESTCOR LAND TITLE INSURANCE COMPANY, a California corporation (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien ofreal estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) 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. The term 'encroachment" includes encroachments ofexisting improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. COVERED RISKS Continued on next page IN WITNESS WHEREOF, WESTCOR LAND TITLE INSURANCE COMPANY has caused this policy to be signed and se~ed as of the Date of Policy shown in Schedule A, Issued By: WESmOR LAND TITLE INSURANCE COMPANY CO1045 * PCT24665W Pitkin County Title Inc. 141374â€¢~ By: ,/1*w~ 0 <AM/VI 601 E. Hopkins #3 .Asident Aspen, CO 81611 '~2530* Attest -~44 4 40100 Secretary OP-6 AL:rA 6-17-06 Owner 's Policy (WLTIC Edition 2-25-08) gÂ» 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part ofthe Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise ofthe rights ofeminent domain if a notice ofthe exercise, describing any part ofthe Land, is recorded in the Public Records. 8. Anytakingbya governmental body thathas occurred and isbin(ling ontherights ofa purchaser forvalue without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer ofall or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10.Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insumd against by this Policy, but only to the extent provided in the Conditions. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage (b) not Known to the Company, not recorded in the Public Re- ofthis policy, and the Company will notpay loss or damage, costs, cords at Date ofPolicy, but Known to the Insured Claimant attorneys' fees, or expenses that arise by reason of: and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an 1. (a) Any law, ordinance, permit, or governmental regulation Insured under this policy; (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (c) resulting in no loss or damage to the Insured Claimant; (i) the occupancy, use, or enioyment of the Land; (d) attaching or created subsequent to Date ofPolicy (however, this does not modify or limit the coverage provided under (ii) the character, dimensions, or location of any improve- Covered Risk 9 and 10); or ment erected on the Land; (e) resulting in loss or damage that would not have been (iii)the subdivision of land; or sustained if the Insured Claimant had paid value for the (iv) environmental protection; or the effect ofany violation Title. ofthese laws, ordinances, or governmental regulations. This Exclusion 1 (a) does notmodify or limit the cover- 4. Any claim, by reason ofthe operation offederal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction age provided under Covered Risk 5. vesting the Title as shown in Schedule A, is (b) Any governmental police power. This Exclusion 1 (b) does (a) a fraudulent conveyance or fraudulent transfer. or not modify or limit the coverage provided under Covered Risk 6. (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between 3. Defects, liens, encumbrances, adverse claims, or other mat- ters Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as (a) created, suffered, assumed, or agreed to by the Insured shown in Schedule A. Claimant: OP-6 ALTA 6-17-06 Owner's Policy Page 2 CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court The following terms when used in this policy mean: for the district where the Land is located. (a) "Amount of Insurance": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, (j) "Title": The estate or interest described in Schedule A. increased by Section 8(b), or decreased by Sections 10 and 11 (10 'Unmarketable Title": Title affected by an alleged or apparent of these Conditions. matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be re]eased from the obligation (b) "Date of Policy": The date designated as "Date of Policy" in Schedule A. to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. (c) "Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity. 2. CONTINUATION OF INSURANCE (d) "Insured": The Insured named in Schedule A. The coverage of this policy shall continue in force as of Date of Policy in favor ofan Insured, but only so long as the Insured retains (i) The term "Insured" also includes an estate or interest in the Land, or holds an obligation secured by a (A) successors to the Title of the Insured by operation of purchase money Mortgage given by a purchaser from the Insured, law as distinguished from purchase, including heirs, or only so long as the Insured shall have liability by reason of war- devisees, survivors, personal representatives, or next ranties in any transfer or conveyance of the Title. This policy shall of kin; not continue in force in favor of any purchaser from the Insured (B) successors to an Insured by dissolution, merger, con- of either (i) an estate or interest in the Land, or CiO an obligation solidation, distribution, or reorganization; secured by a purchase money Mortgage given to the Insured. (C) successors to an Insured by its conversion to another 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED kind of Entity; CLAIMANT (D) a grantee ofan Insured under a deed delivered without The Insured shall notify the Company promptly in writing (i) in payment of actual valuable consideration conveying case of any litigation as set forth in Section 5(a) of these Condi- the Title tions, Oi) in case Knowledge shall come to an Insured hereunder of (1) if the stoclg shares, memberships, or other equity any claim of title or interest that is adverse to the Title, as insured, interests of the grantee are wholly-owned by the and that might cause loss or damage for which the Company may named Insured be liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by (2) if the grantee wholly owns the named Insured, the failure of the Insured Claimant to provide prompt notice, the (3) if the grantee is wholly-owned by an affiliated Company's liability to the Insured Claimant under the policy shall Entity ofthe named Insured, provided the affiliated be reduced to the extent of the prejudice. Entity and the named Insured are both wholly- 4. PROOF OF LOSS owned by the same person or Entity, or (4) if the grantee is a trustee or beneficiary of a trust In the event the Company is unable to determine the amountof loss created by a written instrument established by the or damage, the Company may, at its option, require as a condition Insured named in Schedule A for estate planning ofpayment that the Insured Claimant furnish a signed proofofloss. purposes. The proof of loss must describe the defect lien, encumbrance, or othermatter insured againstby thispolicy thatconstitutes the basis (ii) With regard to (A), (B), (C), and (D) reserving, however, all of loss or damage and shall state, to the extent possible, the basis rights and defenses as to any successor that the Company of calculating the amount of the loss or damage. would have had against any predecessor Insured- 5. DEFENSE AND PROSECUTION OF ACTIONS (e) "Insured Claimant": An Insured claiming loss or damage. (f) "Knowledge" or "Known": Actual knowledge, not construc- (a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at tive knowledge or notice that may be imputed to an Insured by its own cost and without unreasonable delay, shall provide for reason of the Public Records or any other records that impart the defense of an Insured in litigation in which any third party constructive notice of matters affecting the Title. asserts a claim covered by this policy adverse to the Insured. (g) "Land": The land described in ScheduleA, and affixed improve- This obligation is limited to only those stated causes of action ments that by law constitute real property. The term "Land" alleging matters insured against by this policy. The Company does not include any property beyond the lines of the area shall have the right to select counsel of its choice (subject to the described in Schedule A, nor any right, title, interest, estate, or right ofthe Insured to object for reasonable cause) to represent easement in abutting streets, roads, avenues, alleys, lanes, ways, the Insured as to 1hose stated causes of action. It shall not be or waterways, but this does not modify or limit the extent that a liable for and will not pay the fees of any other counsel. The right of access to and from the Land is insured by this policy. Company will not pay any fees, costs, or expenses incurred by Ch)"Mortgage": Mortgage,deed of trust,trust deed,or other secu- the Insured in the defense of 1hose causes ofaction that allege rity instrument, including one evidenced by electronic means matters not insured against by this policy. authorized by law. (b) The Company shall have the right, in addition to the options (i) "Public Records": Records established under state statutes at contained in Section 7 of these Conditions, at its own cost, to Date ofPolicy for the purpose of imparting constructive notice institute and prosecute any action or proceeding or to do any of matters relating to real property to purchasers for value and other act that in its opinion may be necessary or desirable to without Knowledge. With respect to Covered Risk 5(d), "Public establish the Title, as insured, or to prevent or reduce loss or OP-6 ALTA 6-17-06 Owner's Policy Page 3 CONDITIONS AND STIPULATIONS - CONTINUED damage to the Insured. The Company may take any appropri- curred by the Insured Claimant that were authorized by the Com- ate action under the terms of this policy, whether or not it shall pany up to the time ofpayment or tender ofpayment and that the be liable to the Insured. The exercise of these rights shall not Company is obligated to pay. be an admission of liability or waiver of any provision of this Upon the exercise by the Company of this option, allliability and policy. If the Company exercises its rights under this subsec- obligations of the Company to the Insured under this policy, other tion. it must do so diligently. than to make the payment required in this subsection, shall termi- (c) Whenever the Company brings an action or asserts a defense as nate, including any liability or obligation to defend, prosecute, or required or permitted by this policy, the Company may pursue continue any litigation. the litigation to a final determination by a court of competent (b) To Pay or Otherwise Settle With Parties Other Than the Insured jurisdiction, and it expressly reserves the right, in its sole dis- or With the insured Claimant. cretion, to appeal any adverse judgment or order. (i) To pay or otherwise settle with other parties for or in the 6. DUTY OF INSIRED CLAIMANT TO COOPERATE name of an Insured Claimant any claim insured against under this policy. In addition, the Company will pay any (a) In all cases where this policy permits or requires the Company to prosecute orprovide forthe defense ofany action orproceeding costs, attorneys' fees, and expenses incurred by the Insured and any appeals, the Insured shall secure to the Company the Claimant that were authorized by the Company up to the right to so prosecute or provide defense in the action or pro- time ofpayment and that the Company is obligated to pay; or ceeding, including the right to use, at its option, the name ofthe Insured forthis purpose. Whenever requested by the Company, (ii) To pay or otherwise settle with the Insured Claimant the the Insured, at the Company's expense, shall give the Company loss or damage provided for under this policy, together with all reasonable aid (i) in securing evidence, obtaming witnesses, any costs, attorneys' fees, and expenses incurred by the prosecuting or defending the action or proceeding, or effecting Insured Claimant that were authorized by the Company up settlement, and (ii) in any other lawful act that in the opinion to the time ofpayment and that the Company is obligated of the Company may be necessary or desirable to establish to pay. the Title or any other matter as insured- If the Company is Upon the exercise bythe Company ofeitherofthe options provided prejudiced by the failure ofthe Insured to furnish the required for in subsections (b*i) or (ii), the Company's obligations to the cooperation, the Company's obligations to lhe Insured under Insured under this policy for the claimed loss or damage, other the policy shall terminate, including any liability or obligation than the payments required to be made, shall terminate, including to defend, prosecute, or continue any litigation, with regard to any liability or obligation to defend, prosecute, or continue any the matter or matters requiring such cooperation. litigation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representa- 8. DETERMINATION AND EXTENT OF LIABILITY tive oflhe Company and to produce for examination, inspection, This policy is a contract ofindemnity against actual monetary loss and copying, at such reasonable times and places as may be or damage sustained or incurred by the Insured Claimant who hasf ' designated by the authorized representative of the Company, suffered loss or damage by reason of matters insured against by all records, in whatever medium maintained, including books, this policy. ledgers, checks, memoranda, correspondence, reports, e-mails, (a) The extent of liability ofthe Company for loss or damage under disks, tapes, and videos whether bearing a date before or after this policy shall not exceed the lesser of Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the (i) the Amount of Insurance; or Company, the Insured Claimant shall grant its permission, in (ii) the difference between the value ofthe Title as insured and writing, for any authorized representative of tbe Company to the value of the Title subject to the risk insured against by examine, inspect and copy all of these records in the custody or this policy. conbolofa third party that reasonably pertain to the loss or dam- age. All information designated as confidential by the Insured (b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as Claimant provided to the Company pursuant to this Section shall insured, notbe disclosed to others unless, inthereasonable judgment of the Company, it is necessary in the administration ofthe claim. (i) the Amount of Insurance shall be increased by 10%, and Failure ofthe Insured Claimant to submit for examination under (ii) the Insured Claimant shall have the right to have the loss oath, produce any reasonably requested information, or grant or damage determined either as of the date the claim was permission to secure reasonably necessary information from made by the Insured Claimant or as ofthe date it is settled third parties as required in this subsection, unless prohibited by and paid. law or governmental regulation, shall terminate any liability of (c) In addition to the extent ofliability under (a) and (b), the Com- the Company under this policy as to that claim. pany will also pay those costs, attorneys' fees. and expenses 7. OPTIONS TO PAY OR OTHERWISE SETTLE incurred in accordance with Sections 5 and 7 of these Condi- CLAIMS; TERMINATION OF LIABILITY t0ns. In case of a claim under this policy, the Company shall have the 9. LIMITATION OF LIABILITY following additional options: (a) If the Company establishes the Title, or removes the alleged (a) To Pay or Tender Payment of the Amount of Insurance. defect, lien, or encumbrance, or cures the lack of a right of ac- To pay or tender payment of the Amount of Insurance under this cess to or from the Land, or cures the claim of Unmarketable policy together with any costs, attorneys' fees, and expenses in- Title, all as insured, in a reasonably diligent manner by any OP-6 ALTA 6-17-06 Owner's Policy Page 4 b method, including litigation and the completion ofany appeals, no joinder or consolidation with claims or controversies of other it shall have fully performed its obligations with respect to that persons. Arbilrable matters may include, but are not limited to, matter and shall not be liable for any loss or damage caused to any controversy or claim between the Company and the Insured the Insured. arising out of or relating to this policy, any service in connection (b) In the event of any litigation, including litigation by the Com- with its issuance or the breach ofa policy provision, or to any other pany or with the Company's consent, the Company shall have controversy or claim arising out of the transaction giving rise to no liability for loss or damage until there has been a final deter- this policy. All arbitrable matters when the Amount of Insurance mination by a court of competentjurisdiction, and disp~ihition is $2,000,000 or less shall be arbitrated at the option of either the ofall appeals, adverse to the Title. as insured. Company or the Insured. All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only (c) The Company shall not be liable for loss or damage to the when agreed to by both the Company and the Insured. Arbitration Insured for liability voluntarily assumed by the Insured in set- pursuant to this policy and under the Rules shall be binding upon tling any claim or suit without the prior written consent of the theparties. Judgment upon the award rendered by the Arbitrator(s) Company. may be entered in any court of competent jurisdiction. 10. REDUCTION OF INSURANCE; REDUCTION OR 15. LIABILITY LIMITED TO THIS POLICY; POLICY TERMINATION OF LIABILITY ENTIRE CONTRACT All payments under this policy, except payments made for costs, (a) This policy together with all endorsements, if any, attached to attorneys' fees, and expenses, shall reduce the Amount ofInsurance it by the Company is the entire policy and contract between the by the amount of the payment. Insured and the Company. In interpreting anyprovision ofthis 11. LIABILITY NONCUMULATIVE policy, this policy shall be construed as a whole. The Amount of Insurance shall be reduced by any amount the (b) Any claim of loss ordamage that arises out ofthe status ofthe Title or by any action asserting such claim shall be restricted Company pays under any policy insuring a Mortgage to which to this policy. exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject; or which is executed by an Insured after (c) Any amendment of or endorsement to this policy must be in Date of Policy and which is a charge or lien on the Title, and the writing and authenticated by an authorized person, or expressly amount so paid shall be deemed a payment to the Insured under incorporated by Schedule A of this policy. this policy. (d) Each endorsement to this policy issued at any time is made a , 12. PAYMENT OF LOSS part of this policy and is subject to all of its terms and provi- sions. Except as the endorsement expressly states, it does not ' When liability and the extent ofloss or damage have been definitely (i) modify any of the tenns and provisions of the policy, (ii) fixed in accordance with these Conditions, the payment shall be modify any prior endorsement, (iii) extend the Date of Policy, made within 30 days. or (iv) increase the Amount of Insurance. 13. RIGHTS OFRECOVERY UPON PAYMENT OR 16. SEVERABILITY SETTLEMENT In the event any provision of this policy, in whole or in part, is held (a) Whenever the Company shall have settled and paid a claim invalid or unenforceable under applicable law, the policy shall be under this policy, it shall be subrogated and entitled to the deemed not to include that provision or such part held to be invalid, rights of the Insured Claimant in the Title and all other rights but all other provisions shall remain in full force and effect. and remedies in respect to the claim that the Insured Claimant has against any person or properâ„¢, to the extent of the amount 17. CHOICE OF LAW; FORUM of any loss, costs, attorneys' fees, and expenses paid by the (a) Choice of Law: The Insured acknowledges the Company has Company. If requested by the Company, the Insured Claimant underwritten the risks covered by this policy and determined shall execute documents to evidence tbe transfer to the Com- the premium charged therefor in reliance upon the law affecting pany ofthese rights and remedies. The Insured Claimant shall interests in real property and applicable to the interpretation, permit the Company to sue, compromise, or settle in the name rights, remedies, or enforcement of policies of title insurance of the Insured Claimant and to use the name of the Insured of the jurisdiction where the Land is located. Claimant in any transaction or litigation involving these rights and remedies. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity If a payment on account of a claim does not fully cover the loss of claims against the Title that are adverse to the Insured and to of the Insured Claimant, the Company shall defer the exercise interpret and enforce the terms of this policy. In neither case of its right to recover until after the Insured Claimant shall have shall the court or arbitrator apply its conflicts of law principles recovered its loss. to determine the applicable law. (b) The Company's right of subrogation includes the rights of the (b) Choice of Forum: Any litigation or other proceedmg brought Insured to indemnities, guaranties, other policies of insurance, by the Insured against the Company must be filed only in a or bonds, notwithstanding any terms or conditions contained state or federal court within the United States ofAmerica or its in those instruments that address subrogation rights. territories having appropriate jurisdiction. 14. ARBITRATION 18. NOTICES, WHERE SENT Either the Company or the Insured may demand that the claim or Any notice of claim and any other notice or statement in writing controversy shall be submitted to arbitration pursuant to the Title required to be given to the Company under this policy must be Insurance Arbitration Rules of the American Land Title Associa- given to the Company at: Westcor Land Title Insurance Company, tion ("Rules"). Except as provided in the Rules, there shall be Attn.: Claims, 875 Concourse Parkway South, Suite 200, Maitland. FL 32751. OP-6 ALTA 6-17-06 Owner's Policy Page 5 -1 1- ALTA OWNER'S POLICY (6-17-06) WESTCOR LAND TITLE INSURANCE COMPANY OWNER'S POLICY OF TITLE INSURANCE HOME OFFICE 875 Concourse Parkway South, Suite 200 Maitland, FL 32751 Telephone: (407) 629-5842 9 0Sed *01{od s,looMO 90-L 1-9 VITIV 9-10 Owner's Policy of Tiue â€ž,surance - Schedule A Issued by Name and Address of Title Insurance Company: Westcor Land Title Insurance Company, 201 N. New York Avenue, Suite 200, Winter Park, Florida, 32789 State: CO County: PITKIN Address Reference: 120 E HYMAN AVE., ASPEN, CO 81611 File No.: PCT24665W10 Policy No.: OP-6-CO1045-5065835 Amount of Insurance: $5,500,000.00 Premium: $ 9,260.00 Date of Policy: June 30, 2016 @ 12:47 PM Simultaneous #: LP-13-CO1045-5065836 Reinsurance #:108024 1. Name of Insured: DAVID PAUL GLICKMAN AND PAIGE GLICKMAN 2. The estate or interest in the Land that is insured by this policy is: IN FEE SIMPLE 3. Title is vested in: DAVID PAUL GLICKMAN AND PAIGE GLICKMAN 4. The Land referred to in this policy is described as follows: UNITS 3 and 4, CORKSCREW DUPLEX CONDOMINIUMS, according to the Condominium Map recorded in Plat Book 13 at Page 46, and as defined and described in the Condominium Declaration for Corkscrew Duplex Condominiums recorded in Book 427 at Page 188. Issued By /2-06- Ct.20-92 Authorized Signatory SCHEDULE B-OWNERS -- CASE NUMBER DATE OF POLICY _ _ POLICY NUMBER PCT24665W10 June 30, 2016 @ 12:47 PM OP-6-CO1045-5065835 THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING: 1. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession, or claiming to be in possession, thereof. 2. Easements, liens, encumbrances, or claims thereof, which are 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 that is not shown by the public records. 4. Any lien, or right to a lien, imposed by law for services, labor, or material heretofore or hereafter furnished, which lien, or right to a lien, is not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) Indian treaty or aboriginal rights, including but not limited to, easements or equitable servitudes; or, (d) water rights, claims or title to water(see additional information page regarding water rights), whether or not the matters excepted under (a), (b), (c) or (d) are shown for the public records. 6. Taxes or assessments which are not now payable or which 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; proceedings by a public agency which 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. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity, or garbage collection or disposal or other utilities unless shown as an existing lien by the public records. SPECIAL EXCEPTIONS: 8. Taxes and assessments (not including condominium or homeowners association assessments or dues) for the year 2016 and subsequent years only, a lien not yet due and payable. 9. Right of the proprietor of a veill or lode to extract or remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted as reserved in United States Patent recorded March 1, 1897 in Book 139 at Paae 216. 10. Terms, conditions, obligations and all matters as set forth in Statement of Exception from the Full Subdivision Process recorded May 26, 1982 in Book 426 at Paae 969. 11. Terms, conditions, provisions, obligations, easements, restrictions and assessments as set forth in the Declaration of Covenants, Restrictions and Conditions for Corkscrew Duplex Condominiums recorded May 26, 1982 in Book 426 at Page 971 and Release of Covenants, Restrictions and Conditions recorded November 26, 1990 in Book 634 at Paae 709. 12. Terms, conditions, provisions, obligations, easements, restrictions and assessments as set forth in the Condominium Declaration for Corkscrew Duplex Condominiums recorded June 1, 1982 in Book 427 at Paqe 188, deleting therefrom any restrictions indicating preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin. 13. Easements, rights of way and all matters as disclosed on Plat of subject property recorded June 1, 1982 in Plat Book 13 at Paae 46. < 14. Terms, conditions, provisions, obligations and all matters as set forth in the Restrictive Covenants recorded April 4, 1984 in Book 464 at Paae 133. AL NOTE: The exception listed above applies only to Unit 4. (Continued) POLICY NO. OP-Â·6-CO1045-5065835 CASE NO. PCT24665W10 SCHEDULE B-OWNERS -EXCEPTIONS-CONTINUED- 15. Terms, conditions, provisions and obligations ah set forth in City of Aspen Community Development Department Administrative Determination recorded May 25, 2016 as Reception No. 629558. 16. Deed of Trust from : DAVID PAUL GLICKMAN and PAIGE GLICKMAN To the Public Trustee of the County of PITKIN For the use of : CITY NATIONAL BANK, A NATIONAL BANKING ASSOCIATION Original Amount : $3,300,000.00 Dated : June 20,2016 Recorded : June 30, 2016 Reception No. : 630367 EXCEPTIONS NUMBERED 1 THRU 7 ARE HEREBY DELETED, EXCEPT FOR SUBSECTION (d) UNDER PARAGRAPH NUMBER 5 (WATER RIGHTS). Obligatory Insurance Fraud S nt: We are obligated by Colorado Law (CRS 10-1-128) to provide the following statement: It is unlawful to knowingly provide false, incomplete or misleading facts or infonnation to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include impnsonment fines, denial or 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 policy holder or claimant for the purpose of defrauding or attemptihg to defraud the policy holder 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. |State: CO County: PITKIN I Agent . .... I ..... r CO1045 Order Number:PCT24665W1 OI CLTA FORM 110.1 DELETION OF ITEM FROM POLICY Attached to and forming a part of Policy No. pP-6-CO1045-5065835 Issued by WESTCOR LAND TITLE INSURANCE COMPANY The Policy is hereby amended by deleting paragraph(s) 1,2,3,5,6 and 7 of Schedule B, except for subsection (d) under paragraph number 5 (Water Rights). This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Dated June 30, 2016 1~:6 WOÂ·~- Authorized Signatory EPTION#: 630366, 06/30/2016 at 6:54 PM. Documentary Fee 55000 1 OF 3, R $21.00 DF $550.00 Doc Code WD WARRANTY DEED Janice K. Vos Caudill. Pitkin County, CO THIS DEED, made this 23 day of June, 2016, Between GEORGE C. PERREAULT LIVING TRUST DATED NOVEMBER 9, 1994 AS AMENDED of the County of SARASOTA, State of FLORIDA, GRANTOR, AND DAVID PAUL GLICKMAN and PAIGE GLICKMAN, GRANTEE whose legal address is 21000 MENDENHALL CT., TOPANGA, CA 90290 of the County of LOS ANGELES, State of CALIFORNIA WITNESSETH, That for and in consideration of the sum of ten dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the grantor has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey and confirm unto the grantee, their heirs and assigns forever, not in tenancy in common but in joint tenancy, with right of survivorship, all the real property together with improvements, if any. situate and lying and being in the County of PITKIN, State of COLORADO, described as follows: UNITS 3 and 4, CORKSCREW DUPLEX CONDOMINIUMS, according to the Condominium Map recorded in Plat Book 13 at Page 46, and as defined and described in the Condominium Declaration for Corkscrew Duplex Condominiums recorded in Book 427 at Page 188. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainders, rents, issues and profits thereof, and all the estate. right, title, interest, claim and demand whatsoever of the grantor either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, their heirs and assigns forever. And the Grantor, for itselff, its successors and assigns, does covenant, grant, bargain, and agree to and with the Grantee, their heirs and assigns, that at the time of the ensealing and delivery of these presents, it is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except those matters as set forth on Exhibit "A" attached hereto and incorporated herein by reference The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee, their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of gender shall be applicable to all genders. IN WITNESS WHEREOF the grantor has executed this deed on the date set forth above. SIGNATURES ON PAGE 2 CITY OF ASPEN WRETT PAID CITY OF ASPEN HRETT PAID DATE REP* ,\-NO. 9,Â¢.3/ DATE , REP)) L NO.*Z (/-3-/ U {Boliu Page 1 U l-06/l U SIGNATURE PAGE TO WARRANTY DEED TO JOINT TENANTS Page 2 GEOR~3~CR~31!1EAELT LIVING TRUST DATED NOVEMBER 9. 1994 AS AMENDED Mtkhael taBwdilt'Successor Trustee STATE OF F' Ch i d.fu ) COUNTY oF fR-.171 c (4-El 7 The foregoing instrument was acknowledged before me this ZO day of June. 2016. by MICHAEL CALDWELL, SUCCESSOR TRUSTEE OF THE GEORGE C. PERREAULTkIVING TRUST DATED NOVEMBER 9, 1994 AS AMENDED. WITNESS my hand and official seal *Lult I 32 2 1 71424 U Notary Public rrly cp-rv,irrinn nvrrir (~ MY COMMISSION # EE216137 MICHELLE E WINIECKI % ~ EXPIRES Juty 12. 2016 (407) 3*0153 Fload,Noti,yS,Mol oom PCT24665W10 EXHIBIT "A" LEGAL DESCRIPTION UNITS 3 and 4, CORKSCREW DUPLEX CONDOMINIUMS, according to the Condominium Map recorded in Plat Book 13 at Page 46, and as defined and described in the Condominium Declaration for Corkscrew Duplex Condominiums recorded in Book 427 at Page 188. COMMUNITY DEVELOPMENT DEPARTMENT Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies The certification must be signed by the property owner or Attorney representing the property owner 1lame Property 'D>w-,61 -Dkul G,lic-A*na,7 an:1 R.4 e. 6 0-c krrcul Owner (T):-~<mad Phone No ron* 0 6-Licirrncinerup.#c.ll . Corn 31Â°-431- noe Address of property i %0 e. I+V,nld AUE., uniT 4 (subJect of A,pen, G 3164 application) I certify as follows (pick one) U This property is not subject to a homeowners association or other form of private covenant LYJ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary ~ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary Evidence of approval is attached I understand this policy and I understand the City of Aspen does not interpret, enforce or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws I understand that this document is a pu**document Owner signature /1 - date \\-\C)-16 C L// Owner printed name ' -Fk 5 e. 6Ii c.Krna/-1 or, Attorney signature: date Attorney printed name 11/17/2016 Googl e M aps Google Maps CO .i gil Auberge Resort Co f k Â· 2 Main Street Grateful Deli 1.-1 n= Paepcke Park ~ cr Bakery & Cafe - 2 E Main St E Main St M & 2 W Hopkins Ave E Hopkins Ave E Hopkins Ave E Hopkins 5 6 Matsuhisa - - 2 Go , 48/1 ve f Acquolina 71 Aspen Overeasy Pinons ,1 11 E Hopkins Ave Asie * 6 yl White House Tavern Creperie du Village, Shell F, t Aspen's Only Frenchi. 2- Wells Fargo Bank Local Spirits f Chalet Lisl 9 1 W Hyman Ave E Hyman AÂ·. ~ R Hyman Ave E Hyman Ave E Hyman Ave E Hyman A, CO 9 Peach's Corner Cafe X PETER LIK ASPEN E T1 4/207 Rustique Bistro 9 65 Whitman Fine Properties Royal Street Fine Art 9 m ~ lili 0 9 Carlbou Club 2 Valley Fine Art 9 Aspen Art Gallery Baldwin Gallery 9 65 . lululemo Aspen Walking Tours Â£1 2 a athletica 65 CHACHA GALLERY 3 W Cooper Ave E Cooper Ave E Cooper A 09 0 I Ute Mountaineer 0 2 a 0 S )ch Park A ilrgapgle " 0 Su Casa Mexican New York Pizza YI R 9.3 Map data Â©2016 Google 100 ft, 1 https://www.goode.com/maps/@39.1898326,-106.8211945,182 S 1St St IS cualeD N LS e 3 Garmisch St Garmisch St c# -1 256- 491-Of CITY OF ASPEN COMIMUNITY DEVELOPMENT DEPARTMENT ATTACHMENT 2 - LAND USE APPLICATION PRCUECT: Ainv 17 ,Dic Name: -Da.0&& lk-ud Glic}+un Ard. -ik~Â£ GlictÂ¢mul Location: lab E-AsT J.ly,Y,A-,U AUG., Aspen , Co 21611 1 Unir * 4 Parcel ID # (REQUIRED) 2735161460004 APPLICANT: Name: 3ki ~e- ans>l -iku 126 A li'ct<rruwl Address: 614000 mÂ·e-incleig l'YAL C Ct. , 1-opl-ru~a , CA 900-90 Phone #: 3(0- HAD-- 1100 REPRESENTIVATIVE: Name: 78410Â· G lic!<ruy-1 Address: cALOOn * â‚¬_nleviltll (Lt. ) 1-0 01 fl~:k, , CA 9 0290 Phone#: 310 -431 - lloo or Bla--220-2222. Cril/3 2 GMQS Exemption F-7 Conceptual PUD L_J Temporary Use C~ GMQS Allotment 1--3 Final PUD (& PUD Amendment) Special Review Subdivision E Conceptual SPA U ESA-8040 Greenline, Stream ED Subdivision Exemption (includes ~ Margin, Hallam Lake Bluff, Condominiumization) U Mountain View Plane EL Final SPA (&SPA Â£ Commercial Design Review E Lot Split Amendment) ~ Residential Design Variance 1 Lot Line Adjustment Fl Small Lodge Conversion/ Expansion CE] Conditional Use A Other: A Da. lauy OUT EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) Uni-[3 is st;1516 home-6 1,n.7-4 13 ADu Rest,LUeri blarnen + a.pxr*nont. PROPOSAL: (Description of proposed buildings, uses, modifications, etc.) 2402-5 + 1)601 22&4-8.26-on 0% on,7- 4 45 A.Du -16 ~e. t:ftil jo oullo lo -F/n /kn~rk Aa (hodifi ~ratd,ns plÂ«nnal 6ut 60.11/ m*Ke. Cl~ w Have you attached the following? FEES DUE: $ r Â·aboO rect 473 EL Pre-Application Conference Summary 6% 43. U Attachment #1, Signed Fee Agreement ~ Response to Attachment #3, Dimensional Requirements Form j 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. ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: 110 E. WJrn:un AVE. j u.uff 4 1 ADu- -86~ oc.cl- /LISPVÂ· deect restrictidn Applicant: -Dau Gl-Pow.1 6 lic-kot-0,1 /xy-1Â£1 5%:dap 6 6 2-hynx.n Location: 13~0 6,451 144 mlr, jA,e., IJAU-r 4 , Aspen, Co 3 160 Zone District: Lot Size: Lot Area: (For the purpose of calculating Floor Area, Lot Area may be reduced for areas within the high-water mark, easement, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: AJA Proposed: no ne, Number of residential units: Existing: 1 Droposed: 1 Number of bedrooms: Existing: / Proposedi / Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing: Allowable: Proposed "1 Principal bldg. height: Existing: Allowable: Proposed ) Access. Bldg. height: Existing: Allowable: Proposed On-Site parking: Existing: Required: Proposed j % Site coverage: Existing: Required: Proposed / % Open Space: Existing: Requiredt Proposed f Front Setback: Existing: Required Proposed ~ ues #2Â£Â£ Rear Setback: Existing: Required: Proposed 1 Combined F/F: Existing: Required Proposed 7 Side Setback: Existing: Required: Proposed ~ Side Setback: Existing: Required Proposed Combined Sides: Existing: Required Proposed ~ Distance between Bldgs. Existing: Required-. Proposed I Existing: Required: Proposed: j Existing non-conformities or encroachments: none.. Variations requested: ~le-4.ijes + revno Jo--f of cled<:4 0 p.Sir ~-ton o n UnIT q 4-kro u~fh Al-)U -13(,l-7 nci-T 16?VEFASPENCOMM-UNITY~M~~T~ I .. 9 9 ..... 17 1 ./1// I ,../. . 1/ 1/4 . A '' - 1-E'i E 8: F A ON E * H .-@*g Z 0 SN SL 1 1----58/ -1-- Jib C-U f IlhA- :6 1_22.IEE.i~~* 3*-13 ma- I Ed +Dlt 1 7 D - 1 It -2 . X32 7 ===M==2 p iR?&Â¥2#ma BEDROOM .....'. 0-Â£- ./ - *-# DINING 21 :a.Epaa M~. . ROOM 4-- - 1/ l 12] ; m ,- _ I It A ; ]10 101[33 A.p.u. KITCHEN 14 1 11 -BATH.Â·00-4--E~ - 60,4. / 7 ENTRY , -- r *. 4. T[L-T---_ r ' 1 ILI 11* -1-3 E Â§,5 , r a- 0 , GARAGE = - 3 (5 CAR) 2 . r--------------339 r----- --3 I DATE ISSUE 2'D 10 FARCAL' t i - '' ..I 4-,-- - -- Â·' 1 - - ' . ,---1/ 1,4 Â·Â· 1... W.: AS NOTED ..... â€¢ 1 I I .4 her' I /-17 Lo,VER LEVEL FLOOR PLAN Al -0 './. 3:)N3O1530 'NV ~2rs:2 N d MOO-8 NIVK CINV 213MO1 ONILSIX3 - - - -- - ---- - .,..w,......,1-:,~Ill,7m9/81*111=EVII:illÂ·,1=1-,111:1*<I~k,I=~Dll,=yr~,Wlâ€¢1Wat-IÂ¥,m,151=1=IlmÂ¥â€¢1:1â‚¬â€¢~ME~,----- --- -- --- --- - 3J '41 271 # City NI Bank Paige and David Glicf_ _9 11675 San Vicente Blvd suite 103 River Biuff account Los Angeles, CA 90049 $ 41 21000 Mendenhall Ct 16-1606/1220 r. Topanga, CA 90290 11/17/2016 k F PAY TO THE City Of Aspen ~ $ **975.00 9 e ORDER OF 0 OD Â¢ 9 Nine Hundred Seventy-Five and 00/ 100'-''-'''-"'-''N 1& 6 DOLLARS P 2 -~ : - Â· Ja PROTE. E= AGA:DisÂ·r FKAUD D ,/7Â«Â«O 8 - /Â¤46 City of Aspen Ega . Vt* 1Jic ~ 3 MEMO ADU buyout app deposit Ul *000271# 1~12201{10661: 202â€¢â€¢,008186* Sueno Vista, LLC 271 City Of Aspen 11/17/2016 975.00 River Bluff 0186 ADU buyout app deposit 975.00 Sueno Vista, LLC 271 City Of Aspen 11/17/2016 975.00 44% 9 9 foto ft /96 River Bluff 0186 ADU buyout app deposit 975.00