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Home My WebLink AboutLand Use Case.602 N 4th St.0013.2017.ASLUGot 0 1-(4 4 U 0013.2017.ASLU 602 N FOURTH ST RECONSTRUCTION CREDITS 2735 124 03 001 PL Seai~u. d . 51 li eAbvIa R /7 444â‚¬ PATH: G/DRIVE /ADMINISTRATIVE/ADMIN/LANDUSE CASE DOCS THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0013. 2017.ASLU PROJECT ADDRESS 602 N FOU RTH ST PARCEL ID 2735 124 03 001 PLANNER BEN ANDERSON CASE DESCRIPTION RECONSTRUCTION CREDITS REPRESENTATIVE BENDONADAMS DATE OF FINAL ACTION 6/26/2017 CLOSED BY ANGIE SCOREY 1.12.18 9 Permits 2735 1 24 -03 - i / 00. 2011Â· Ast-q 0 X " ./71 .... 9 .*frIM~.= i*1 21 Record Navigate Fgrm Reports Format Iab Help ~ i Q.1 4 13 216,- ] i }i i & w m *1 06 lump LC ~ 1 i ele 0 g*] Â®a a ar.Bil@(90~ 44 42 iWI _|~| Cusbom Fields | Routing Status Fee SummarY 1 Actions ~ Routing Mistory ~ -FF --- --= fPermit type hsiu Aspen Land Use Permit # 0013.2017.ASLU 4 Address 502 N FOURTH ST Apt/Suite _..' D Y'i- ~ City ASPEN ., State CO ~ - Zip 81611 -/#'&:'=1:':::'til'.'f.24./'.:1 '.-&-:g~*':/... ;- ' : . =1.11- ..... e- - ~ Master permit Routjng queue aslul 5 Applied 03/01/2017 ~ Project 1, Status pending Approved i p Descript~on APPLICATION FOR RECONSTRUCTION CRED[TS Issued ~ v Closed/Final j v Submitted BENDONADALIS 925 2855 Clock |Running Days |--li~ Expires 02/24/2018 ~ v Submitted via v - ..i' I , 3=98 % 14.9 -- 419=,r aâ„¢,rm/-.R Owner Last name 190 HILL, LLC Â® First name STEVE GABBAY 15475 N 84TH ST SCOTTSDALE AZ 85260 Phone (480) 398-2525 Address Applicant 8 Owner is applicant? D Contractor is applicant? Last name 190 H ILL, LLC ' First name STEVE GABBAY 15475 N 84TH ST SCOTTSDALE AZ 85260 Phone (480) 398-2525 Cust # 30579 1Â·Â·Â· Address Email Lender Last name 1Â· Â· = First name Phone () - Address ~Asper,Gold5 { server 1 ~ angelas IWI1 of 1 ie new website development process. dert , Li I No 24-fl .00 |Tah Grn,int | |Tnnlhnw | |fluirle NOFAC =iNIP; DEVELOPMENT ORDER ofthe City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a five-year vested property right. The vested property right shall expire on the day after the fifth anniversary of the effective date of the original Development Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. 190 Hill, LLC: 15475 N. 84th Street: Scottsdale, AZ 85260: 480-398-2525 Property Owner's Name, Mailing Address and telephone number 602 N. Fourth Street, legally described as Parcel B, according to the 602 and 614 North Fourth Street Minor Subdivision Line Adjustment plat, Recorded September 11, 2015 in Plat Book 112, at Page 39, as Reception No. 623184, Pitkin county, Colorado. Legal Description and Street Address of Subject Property The applicant is demolishing an existing single family residence and a Reconstruction Credit for the existing residence has been verified at 3,811 square feet. This credit will be used toward impact fees and affordable housing mitigation if and when the property is redeveloped. This approval establishes a three-year vesting for the credit i f a code amendment should come into effect that changes the indefinite duration of the credit at the time of the approval. Written Description of the Site Specific Plan and/or Attachment Describing Plan Administrative Determination, Reception Date, June 26,2017; Reception No. 639434 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) July 6.2017 (Same as date of publication of notice) July 4 2020 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 26th day of June, 2017, by the City of Aspen Community Development Director. ' (~~0~?lri'illt~~3-D-erjoittli~~Pil Page 1 of 1 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: -602. hiÂ· liduETH 64â‚¬d- , Aspen, CO STATE OF COLORADO ) ) SS. County of Pitkin ) I, vjaNAQIA 0(#Ck'~ (name, please print) being or rdpresenting an Ap#licant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper o f general circulation in the City of Aspen no later than fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. .04 4- 1-V-\ --- Signat{Ire The foregoing "Affidavit ofNotice" was acknowledged before me this 6 day ofaikik1 , 20EL' by /4-meil Sco43 U WITNESS MY HAND AND OFFICIAL SEAL PUBLIC NOTICE RE: Administrative Determination My commission expires: 46(20 An Administrative Determination related to Sec- tions 26.470.140.100, and 26.710.040, of the City of Aspen Land Use Code, regarding Reconstruc- tion Credits at 602 N. Fourth Street, was initiated by 190 Hill ,LLC: was rendered on June 26, 2017 and is available for public inspection in the Com- *44 84 +16_yein munity Development Department. Notary'Public Published in the Aspen Times on July 6, 2017 (0000079666) KAREN REED PATTERSON NOTARY PUBLIC ATTACHMENTS: STATE OF COLORADO NOTARY ID #19964002767 My Commission Expirei February 15, 2020 COPY OF THE PUBLICATION CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT AN ADMINISTRATIVE DETERMINATION TO ESTABLISH RECONSTRUCTION CREDIT FOLLOWING DEMOLITION FOR A SINGLE FAMILY RESIDENCE AT 602 N. FOURTH STREET, LEGALLY DESCRIBED AS PARCEL B, ACCORDING TO THE 602 AND 614 NORTH FOURTH STREET MINOR SUBDIVISION LINE ADJUSTMENT PLAT, RECORDED SEPTEMBER 11,2015 IN PLAT BOOK 112, AT PAGE 39, AS RECEPTION NO. 623184, PITKIN COUNTY, COLORADO. PARCEL ID: 2735-124-03-001 JURISDICTION: City of Aspen APPLICABLE CODE SECTIONS: 26.470.140; Reconstruction Limitations 26.710.040; Medium Density Residential (R-6) EFFECTIVE DATE: June 26,2017 WRITTEN BY: Ben Anderson, Planner APPROVED BY: Jessica Garrow, Community Development Director June 26,2017 4-flu*Â«eL/1*222 COPIES TO: City Planning Staff, City Attorney SUMMARY: 190 Hill, LLC; represented by BendonAdams, LLC: has applied for an Administrative Determination memorializing Reconstruction Credits for a single-family residence at 602 N. Fourth St. that is proposed for demolition. While in the short-term, the property post-demolition will remain undeveloped, the Applicant wishes to ensure that the Floor Area of the home on the property remain available as a credit towards impact fees and affordable housing mitigation for future redevelopment. BACKGROUND: The parcel is in the R-6 Zone District with a gross lot area of 6,058 square feet. Assuming no reduction in net lot size, allowable Floor Area would be approximately 3,240 square feet. The existing house is legally non-conforming with relation to allowable Floor Area. The Applicant has submitted a Demolition Permit for the existing house at 602 N. Fourth. The permit is 0024.2017.ARBU. The Applicant has calculated (confirmed by Zoning review) that the existing residence has a Floor Area calculation of 3,811. lillillillillillillillillililillilillillillillillillilillillillillitililill 602 N. Fourth St. Reconstruction Credit RECEPTION#: 639434, R: $18.00, D: $0.00 Issued June 26,2017 DOC CODE: ADMIN DECISION Pg 1 of 2, 06/26/2017 at 02:31:29 PM Page 1 of 4 Janice K. Vos Caudill, Pitkin County, CO DETERMINATION: Section 26.470.140 - Reconstruction Limitations, requires verification of existing conditions prior to demolition with the City Zoning Officer to document reconstruction rights. Zoning Officer, Jim Pomeroy has verified the existing Floor Area (via email, 6/16/17) at 3,811 square feet. Per Code at the time of this determination, single-family development does not have a time limitation in the retention ofthe Reconstruction Credit. The Reconstruction Credit of 3,811 square feet will be granted indefinitely, unless future changes to the Land Use Code should create a time constraint on the credit when redevelopment is proposed. A three-year vesting period that recognizes this indefinite time period will commence at the publication of notice of a Development Order. This Determination is solely for the establishment of Reconstruction Credits towards impact fees and affordable housing mitigation. It does not memorialize allowable Floor Area. Any future redevelopment of the property would be subject to allowable Floor Area calculation of the R-6 Zone District. This administrative determination was issued and becomes effective on June 26,2017. Reconstruction Credit 602 N. Fourth St. Issued June 26,2017 Page 2 of 4 Janice K. Vos Caudill (f'THIN Transaction Receipt Pitkin County Clerk and Recorder Print Date: 06/26/2017 02:31:34 PM 534 East Hyman Avenue , COUNT'l Transaction #438506 Aspen, CO 81611 ----- @/V\Â® ------ Transaction Type: Recording (970)429-2716 Receipt #2017003385 Cashier: Patty Nadon Cashier Date: 06/26/2017 02:31:29 PM Number of Documents Recorded: 1 Reception#639434 - ADMINISTRATIVE DECISION - Recording Surcharge: $3.00 2pg(s) Recording Fee: $15.00 $18.00 Total Fees $18.00 Payment Received: Check #1150 $18.00 Change $0.00 Presented by: ASPEN CITY OF (COMM DEV) COMMUNITY DEVELOPMENT 130 S GALENA ST ASPEN, CO 81611 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT ATTACHMENT 2 - LAND USE APPLICATION PRCUECT: 00(3 '20/9-115 Â£34 602 North 4th Street Reconstruction Credit RECEIVED Name: Location: 602 North 4th Street. Parcel ID # (REQUIRED) Parcel ID: 2735.124.03.001 MAR 0 1 2017 APPLICANT: Clf Y OF ASPEN COMMUNITY DEVELOPENT Name: 190 Hill LLC, a Delaware Limited Liability Company c/o Steve Gabbay; YAM Management; 15475 N. 84th Street; Scottsdale, AZ 85260 Address: Phone#: 480.398.2525 REPRESENTIVATIVE: Name: BendonAdams 300 So. Spring Street 202; Aspen, CO 81611 Address: Phone#: 970.925.2855 E GMQS Exemption E-1 Conceptual PUD E Temporary Use D GMQS Allotment ~ Final PUD (& PUD Amendment) Special Review Subdivision U Conceptual SPA Â£ ESA-8040 Greenline, Stream Â£ Subdivision Exemption (includes Â£ Margin, Hallam Lake Bluff, Condominiumization) E Mountain View Plane U Final SPA (&SPA D Commercial Design Review U Lot Split Amendment) Â£ Residential Design Variance Â£ Lot Line Adjustment F-7 Small Lodge Conversion/ Expansion D Conditional Use 4 Other: Calculation of EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) reconstruction credit Existing home of approximately 3,800 square feet PROPOSAL: (Description of proposed buildings, uses, modifications, etc.) Demolition of house and restoration of site with new landscape plan. Have you attached the following? FEES DUE: $ 325 ~ Pre-Application Conference Summary Attachment #1, Signed Fee Agreement [~ Response to Attachment #3, Dimensional Requirements Form ~ Response to Attachment #4, Submittal Requirements - including Written Responses to Review Standards ~ 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. March, 2016 City of Aoen I 130 S. Galena St. I (970) 920 5050 Dotz'.20 (1 - REL.14 1, # 1 - ; 41 111, :>11, .1,1 1:,21,1.:2 C,~3 .,4. >,.. -4..1 #f -0 .4. ,Â·> ,- .FÂ·~''t' i'2Tlvf<'1110 1.2~3"j,Â·'.11 .#1Â·lb:+22;Â¥'451 Â·' Â·' Â· ' , :0. -r Â· Â·Â· -,T / ._ ~ ~. /~ ~-JÂ·~â€¢ , ,Â· I~~;;;~â€¢.7:t.-0 :,~ ..:.,-6 Â£1*11~.1-1,0fb L'-MLs,FEYF*+3 0% *,#442--tgj,&-.11 *34. I *1.hi~ c;qÂ·,~V*- 923::.fy<:278 Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) cert fying 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 Steve Gabbay. 190 Hill LLC, a Delaware Limited Liability Company Properly Owner (11 Email: steve@yamholdings.com Phone No. 480.398.2525 Address of Property 602 North 4th Street Aspen, CO 81611 (subject of application) 1 certify as follows: (pick one) ~ This property is not subject to a homeowners association or other form of private covenant C 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. 0 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. 1 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. 0 3 ---. /7 -.** Owner signature- ..12---Lp date. . 2-/2-91(1- Owner printed name. Steve Gabbay for 190 Hill LLC, a Delaware Limited Liability Company of, Attorney signature: date:. Attorney printed name: Â® BendonAdams 0013Â·20/ 7Â· m.ul RECEIVED February 15, 2017 MAR 0 1 2017 CITY OF ASPEN Jennifer Phelan, AICP COAMNTY DEVELOMENT Deputy Planning Director Community Development Department -- City of Aspen . 1 130 S. Galena St. , 08*IK{lor- Aspen, CO 81611 (02 k). 41- RE: 602 North 4~h Street Reconstruction Credits Ms. Phelan: We are working with the owner of 602 N. 4th Street - Hill 190 LLC. We are submitting a demolition permit and intend to remove the existing house and improve the site with landscaping. We have no immediate plans to improve the property with a new residence. The property will remain landscaped and maintained, serving as additional yard space for our client's house on the adjacent property, 614 N. 4th Street. We are not abandoning the development rights for the property. It will remain a separate developable parcel with the ability to accommodate development as allowed in the future, according to City codes. As we have discussed previously, we intend to preserve the reconstruction rights based on the existing home. We understand the existing home creates the basis for the reconstruction rights and the dimensions need to be documented by the City prior to demolition. We also understand the City will document these rights through issuance and recordation of an administrative approval and that it will be provided a Statutory vested right for a 3-year period. We understand that the City's Land Use Code and provisions for utilizing reconstruction rights is subject to change in the future and that these reconstruction credits will be subject to any code changes after the vested rights have expired. We have prepared Floor Area calculations for the existing house. These have been submitted to the City's Building Department and will be routed to the Zoning Officer. We have also attached the plans here for your reference. The existing Floor Area, using the City's calculation method, is 3,811 square feet. Incidentally, this is more than is currently allowed for a property of this size in the R-6 Zone District. We are not requesting the ability to maintain this non-conformity. While the City's current and future codes may not enable a new home of this size, we request preserving this amount of redevelopment credit. 300 SO SPRING ST I 202 I ASPEN, CO 81611 970.925.2855 1 BENDONADAMS.COM We expect the Demolition & Landscape permit to be ready for issuance in approximately 8 weeks. We would like to finalize this reconstruction credit at that time, just prior to issuance, i Â§4 4 -Â· 1 4 f Please let us know if you need more information or have any questions about the project. We will assist in any way you need to confirm the Floor Area of the existing home, including any site inspections you or the Zoning Officer may require. Sincerely, Chris Bendon, AICP BendonAdams LLC Exhibit 1 - 602 as-built plans prepared by S2 Architects. Copy: Garret Larimer, Permit Coordinator 300 SO SPRING ST I 202 I ASPEN, CO 81611 970.925.2855 1 BENDONADAMS.COM Jennifer Phelan From: Jennifer Phelan Sent: Thursday, November 10,2016 3:53 PM TO: Chris Bendon Subject: Re: POD? Hi Chris: Thanks for your patience. I don't believe there is any limit in the code on a reconstruction credit for a single- family or duplex residence; however, codes change over time and that would be the concern. What happens if the demolition occurs and then the code changes saying that the credit is not indefinite creates a finite timeframe? Clearly, the code requiresconfirmation of the credit via a demolition permit, but in conjunction I would consider recording an administrative approval, citing code and the credit so that it is recorded and can be issued a development order that would give the credit a 3 year vesting immune from code changes. I sent an email to True asking for his advice but have not heard from him yet, so let's assume this is just a potential option that needs to be verified. 1'11 be in tomorrow for part of the day and will try to talk to True tomorrow. Best, Jen , ~ L M A ,< V VU 44>dnve- jennifer Phelan Vuld A 60 19:62)6~(2 Deputy Planning Director i A r ab-41- City of Aspen 970-429-2759 Sent from my iPad 1Â» ---- 6209> A-~~~-- On Nov 9, 2016, at 5:50 PM, Chris Bendon <chris@bendonadams.corn> wrote: 42\8 A .. / 7 of 7 Yep. Best, C h ris Â«Â°WtÂ« \14 13Â»D From: Jennifer Phelan [mailto:iennifer.phelan@citvofaspen.cornl Â»Nk -le / Sent: Wednesday, November 09, 2016 4:25 PM To: Chris Bendon <chris@bendonadams.com> Subject: RE: POD? Â«f j QUu Hi: I'm in and out due to personal stuff. Is tomorrow okay for a response?, flo, 32&00 ~* Jennifer Phelan, AICP hovÂ« Deputy Planning Director Community Development Department e Â£64,4 6 F~*1.- City of Aspen 130 S. Galena St. Aspen, CO 81611 , yo- Ft A.K./053 1 6,0 45 ruk//3 970-129-2759 www.aspenpitkin.com Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply to the sender that you have received the message in error and then delete it. Further, the information or opinions contained in this e'mail are advisory in nature only and are rot binding on the City of Aspen. If applicable, the information and opinions contain in the email are based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. <image001.jpg> wwa.aspencommunityvoice.com From: Chris Bendon [mailto:chris@bendonadams.com] Sent: Wednesday, November 9, 2016 2:04 PM To: Jennifer Phelan <iennifer.phelan@citvofaspen.corn> Subject: POD? Heard you're POD Â© Question about maintaining credits for a demolished SF home. I'm assuming documentation of the existing FAR would look like submitting dimensioned plans with a floor area tabulation, just like submitting for a permit. After site visits or whatever needed to confirm the actual dimensions, the owner would get a letter documenting the floor area prior to demo. I'm looking at 26.610.080-there isn't a time limit on how long the credit remains valid. 26.470.030 places a one-year limit for reconstruction credit in growth management, but exempts single-family and duplex development from the limit. I looked through the residential mitigation section, don't see any limit on how long a credit could last. I'm advising someone who wants to demo a house, maintain credit, and wait to redevelop. Assuming we document everything well, I'm not seeing anything that would expire the credits for growth management and impact fees. Do you see it this way? Thanks Jen. Cheers, Chris Bendon, AICP BendonAdams 300 So. Spring St. #202 Aspen, CO 81611 (970) 925.2855 www.BendonAdams.com Chris Bendon 1Â· A.Â· 1 > <2/462 8 *42 2%>4' 8*df:79Wb' F E< 5 3101Â© Sp, 151â€¢302 1 AÂ·-iÂ·n (4 81*11 ~ i ./.el./<Â·ido.adwril.>rr Â·~ Â§ 2 Â® BendonAdams March 1, 2017 2>013Â· 2017 Â· fs UA Ms. Jessica Garrow, AICP Community Development Director City of Aspen 130 So. Galena St. Aspen, Colorado 81611 RE: 602 North 4~h Street; Aspen, CO. Ms. Garrow: Please accept this letter authorizing BendonAdams, LLC, to represent our ownership interests in 602 North 4th Street and act on our behalf on matters reasonably associated in securing land use approvals for the property. If there are any questions about the foregoing or if I can assist, please do not hesitate to call. Property: 602 North 4th Street. Parcel B, 602 & 614 North Fourth St. Minor Subdivision Boundary Line Adjustment. Parcel ID: 2735.124.03.001 Owner: 190 Hill LLC, a Delaware Limited Liability Company Kind Regards, C n C1- SEve Gabbay For 190 Hill LLC A Delaware Limited Liability Company 480.398.2525 steve@vamholdings.com 300 SO SPRING ST I 202 ] ASPEN, CO 81611 970.925.2855 1 BENDONADAMS.COM RETAIN FOR PERMANENA ;ORD 00(3 - 20(-7 Â· As LU CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Cl 29 Z Agreement to Pay Application Fees 1 -1=11 An agreement between the City of Aspen ("City") and Property Steve Gabbay. 190 Hill LLC, a Phone No.: 480.398.2525 .-. Owner ("19: Delaware Limited Liability Company Email: steve@yamholdings.com Address of Billing c/o YAM Management Property: 602 North 4th Street Address: 15475 N. 84th Street (Subject of Aspen, CO 81611 (send bills here) Scottsdale, Arizona 85260 ~ application) I understand that the City has adopted, via Ordinance No., Series of 2011, review fees for Land Use applications and payment of these fees is a condition precedent to determining application completeness. I understand that asthe property owner that I am responsible for paying all fees forthis development application. For flat fees and referral fees: I agreeto pay the following fees for the services indicated. I understand that these fiat fees are non-refundable. $. flat fee for . $. flat fee for $. flat fee for $. flat fee for For Deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent ortotal 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. 1 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 billingsto the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $ 325 deposit for 1 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. $ deposit for hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. City of Aspen: Propegwner: e.-321Â«- 7 Jessica Garrow, AICP Community Development Director Name: Steve Gabbay City Use: Title: 190 Hill LLC, a Delaware Fees Due: $ Received $ Limited Liability Company March, 2016 Citv of Aoen I 130 S. Galena St. I (9701 920 5050 1. -1. - Attorneys Title Insurance Agency of Aspen, LLC 715 West Main Street, Suite 202, Aspen, Colorado 81611 November 22,2016 Hill 190, LLC c/o Yam Holdings, Attn: Laura Patruno 15475 North 84th Street Scottsdale, AZ 85260 Re: 602 North Fourth Street, Aspen, Colorado 81611. Dear Sirs: We are pleased to deliver the Owner's Title Insurance Policy issued on 602 North Fourth Street. This policy is a valuable document and should be kept in a secure place. It protects the insured from a variety of title risks. The policy can even protect the insured after they no longer have an interest in the properly. We have reviewed the policy for completeness and accuracy. However, you should also review the policy and ensure that all the information is correct. Contact us in the event that any error or omission is found so that we can correct the policy. Thank you very much for giving Attorneys Title Insurance Agency ofAspen, LLC, the opportunity to be of service. I look forward to working with you in the future. Sincerely, Attorneys Title Insurance Agency of Aspen, LLC By: Winter Van Alstine Telephone (970) 925-7328 AAA Facsimile (970) 925-7348 ... A.'N'C Owner's Policy of Title Insurance :-2-'~4 FirstAmerican Title ISSUED 8Y '4640 First American Title Insurance Company POLICY NUMBER Owner's Policy 5011408-0027559e 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 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, FIRST AMERICAN TITLE INSURANCE COMPANY, a Nebraska 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; (ili) a document affecting Title not properly created, executed, witnessed, seated, 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 of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (Covered Risks Continued on Page 2) In Witness Whereof, First American Title Insurance Company has caused its corporate name to be hereunto affixed by its authorized officers as of Date of Policy shown in Schedule A. First American Title Insurance Company For Reference: File #: 16003586 16#dAt~ Attorney's Title Insurance Agency of Aspen, LLC Issued Bv: 715 West Main Street, Suite 202 Dennis J. Gilmore President Aspen, CO 81611 P#41 4.. Jeffrey S. Robinson Secretary (This Policy is valid only when Schedules A and B are attached) This Jacket was created electronically and constitutes an original document ANTIÂ·FRAUD STATEMENT: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies. This anti-fraud statement is affixed to and made a part of this policy. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. | Form 5011408 (7-1-14) Page 1 of 5 ~ ALTA Ownefs Policy of Title Insurance (6-17-06) Colorado Policy #: 5011408-0027559e COVERED RISKS (Continued) (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 of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. 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 of the 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 of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records, 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value 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 of all 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 insured 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 of (b) not Known to the Company, not recorded in the Public this policy, and the Company will not pay loss or damage, costs, Records at Date of Policy, but Known to the Insured attorneys' fees, or expenses thal arise by reason of: Claimant and riot disclosed in writing to the Company by the 1. (a) Any law, ordinance, permit, or governmental regulation Insured Claimant prior to the date the Insured Claimant (including those relating to building and zoning) restricting, became an Insured under this policy; regulating, prohibiting, or relating to (c) resulting in no loss or damage to the Insured Claimant; (i) the occupancy, use, or enjoyment of the Land; (d) attaching or created subsequent to Date of Policy (however, (ii) the character, dimensions, or location of any this does not modify or limit the coverage provided under improvement erected on the Land; Covered Risk 9 and 10); or (ili) the subdivision of land; or (e) resulting in loss or damage that would not have been (iv) environmental protection; sustained if the Insured Claimant had paid value for the or the effect of any violation of these laws, ordinances, or Title. governmental regulations. This Exclusion 1 (a) does not 4. Any claim, by reason of the operation of federal bankruptcy, state modify or limit the coverage provided under Covered Risk 5. insolvency, or similar creditors' rights laws, that the transaction (b) Any governmental police power. This Exclusion 1 (b) does vesting the Title as shown in Schedule A, is not modify or limit the coverage provided under Covered (a) a fraudulent conveyance or fraudulent transfer; or Risk 6. (b) a preferential transfer for any reason not stated in Covered 2. Rights of eminent domain. This Exclusion does not modify or Risk 9 of this policy. limit the coverage provided under Covered Risk 7 or 8. 5. Any lien on the Title for real estate taxes or assessments 3. Defects, liens, encumbrances, adverse claims, or other matters imposed by governmental authority and created or attaching (a) created, suffered, assumed, or agreed to by the Insured between Date of Policy and the date of recording of the deed or Claimant; other instrument of transfer in the Public Records that vests Title as shown in Schedule A. | Form 5011408 (7-1-14) Page 2 of 5 ~ ALTA Ownefs Policy of Title Insurance (6-17-06) Colorado Policy #: 5011408-0027559e CONDITIONS 1. DEFINITION OF TERMS liens filed in the records of the clerk of the United States The following terms when used in this policy mean: District Court for the district where the Land is located. (a) "Amount of Insurance": The amount stated in Schedule A, as (i) "Title": The estate or interest described in Schedule A. may be increased or decreased by endorsement to this policy, (k) "Unmarketable Title': Title affected by an alleged or apparent increased by Section 8(b), or decreased by Sections 10 and matter that would permit a prospective purchaser or lessee of 11 of these Conditions. the Title or lender on the Title to be released from the (b) "Date of Policy": The date designated as "Date of Policy" in obligation to purchase, lease, or lend if there is a contractual Schedule A. condition requiring the delivery of marketable title. (c) 'Entitf A corporation, partnership, trust, limited liability 2. CONTINUATION OF INSURANCE company, or other similar legal entity. The coverage of this policy shall continue in force as of Date of (d) 'Insured": The Insured named in Schedule A. Policy in favor of an 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) successors to the Title of the Insured by operation a purchase money Mortgage given by a purchaser from the of law as distinguished from purchase, including Insured, or only so long as the insured shall have liability by reason heirs, devisees, survivors, personal representatives, of warranties in any transfer or conveyance of the Title. This policy or next of kin; shall not continue in force in favor of any purchaser from the (B) successors to an Insured by dissolution, merger, Insured of either (i) an estate or interest in the Land, or (ii) an consolidation, distribution, or reorganization; obligation secured by a purchase money Mortgage given to the (C) successors to an Insured by its conversion to Insured. another kind of Entity; 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT (D) a grantee of an Insured under a deed delivered The Insured shall notify the Company promptly in writing (i) in case without payment of actual valuable consideration of any litigation as set forth in Section 5(a) of these Conditions, conveying the Title (ii) in case Knowledge shall come to an Insured hereunder of any (1) if the stock, shares, memberships, or other claim of title or interest that is adverse to the Title, as insured, and equity interests of the grantee are wholly- that might cause loss or damage for which the Company may be owned by the named Insured, liable by virtue of this policy, or (iii) if the Title, as insured, is (2) if the grantee wholly owns the named Insured, rejected as Unmarketable Title. If the Company is prejudiced by (3) if the grantee is wholly-owned by an affiliated the failure of the Insured Claimant to provide prompt notice, the Entity of the named Insured, provided the Company's liability to the Insured Claimant under the policy shall affiliated Entity and the named Insured are both be reduced to the extent of the prejudice. wholly-owned by the same person or Entity, or 4. PROOF OF LOSS (4) if the grantee is a trustee or beneficiary of a In the event the Company is unable to determine the amount of trust created by a written instrument loss or damage, the Company may, at its option, require as a established by the Insured named in Schedule condition of payment that the Insured Claimant furnish a signed A for estate planning purposes. proof of loss. The proof of loss must describe the defect, lien, (ii) With regard to (A), (B), (C), and (D) reserving, however, all encumbrance, or other matter insured against by this policy that rights and defenses as to any successor that the Company constitutes the basis of loss or damage and shall state, to the would have had against any predecessor Insured. extent possible, the basis of calculating the amount of the loss or (e) "Insured Claimant": An Insured claiming loss or damage. damage. (f) "Knowledge" or "Known': Actual knowledge, not constructive 5. DEFENSE AND PROSECUTION OF ACTIONS knowledge or notice that may be imputed to an Insured by (a) Upon written request by the Insured, and subject to the reason of the Public Records or any other records that impart options contained in Section 7 of these Conditions, the constructive notice of matters affecting the Title. Company, at its own cost and without unreasonable delay, (g) "Land": The land described in Schedule A, and affixed shall provide for the defense of an Insured in litigation in which improvements that by law constitute real property. The term any third party asserts a claim covered by this policy adverse "Land" does not include any property beyond the lines of the to the Insured. This obligation is limited to only those stated area described in Schedule A, nor any right, title, interest, causes of action alleging matters insured against by this estate, or easement in abutting streets, roads, avenues, policy. The Company shall have the right to select counsel of alleys, lanes, ways, or waterways, but this does not modify or its choice (subject to the right of the Insured to object for limit the extent that a right of access to and from the Land is reasonable cause) to represent the Insured as to those stated insured by this policy. causes of action. It shall not be liable for and will not pay the (h) "Mortgage": Mortgage, deed of trust, trust deed, or other fees of any other counsel, The Company will not pay any security instrument, including one evidenced by electronic fees, costs, or expenses incurred by the Insured in the means authorized by law. defense of those causes of action that allege matters not (i) "Public Records": Records established under state statutes at insured against by this policy. Date of Policy for the purpose of imparting constructive notice (b) The Company shall have the right, in addition to the options of matters relating to real property to purchasers for value and contained in Section 7 of these Conditions, at its own cost, to without Knowledge. With respect to Covered Risk 5(d), institute and prosecute any action or proceeding or to do any "Public Records" shall also include environmental protection other act that in its opinion may be necessary or desirable to | Form 5011408 (7-1-14) Page 3 of 5 ~ ALTA Ownefs Policy of Title Insurance (6-17-06) Colorado Policy #: 5011408-0027559e CONDITIONS (Continued) establish the Title, as insured, or to prevent or reduce loss or 7. OPTIONS TO PAY OR OTHERWISE SETTLE damage to the Insured. The Company may take any CLAIMS; TERMINATION OF LIABILITY appropriate action Under the terms of this policy, whether or In case of a claim under this policy, the Company shall have the not it shall be liable to the Insured. The exercise of these following additional options: rights shall not be an admission of liability or waiver of any (a) To Pay or Tender Payment of the Amount of Insurance. provision of this policy. If the Company exercises its rights To pay or tender payment of the Amount of Insurance under under this subsection, it must do so diligently. this policy together with any costs, attorneys' fees, and (c) Whenever the Company brings an action or asserts a defense expenses incurred by the Insured Claimant that were as required or permitted by this policy, the Company may authorized by the Company up to the time of payment or pursue the litigation to a final determination by a court of tender of payment and that the Company is obligated to pay. competent jurisdiction, and it expressly reserves the right, in Upon the exercise by the Company of this option, all liability its sole discretion, to appeal any adverse judgment or order. and obligations of the Company to the Insured under this 6. DUTY OF INSURED CLAIMANT TO COOPERATE policy, other than to make the payment required in this (a) In all cases where this policy permits or requires the Company subsection, shall terminate, including any liability or obligation to prosecute or provide for the defense of any action or to defend, prosecute, or continue any litigation. proceeding and any appeals, the Insured shall secure to the (b) To Pay or Otherwise Settle With Parties Other Than the Company the right to so prosecute or provide defense in the Insured or With the Insured Claimant, action or proceeding, including the right to use, at its option, (i) To pay or otherwise settle with other parties for or in the the name of the Insured for this purpose. Whenever name of an Insured Claimant any claim insured against requested by the Company, the Insured, at the Company's under this policy. In addition, the Company will pay any expense, shall give the Company all reasonable aid (i) in costs, attorneys' fees, and expenses incurred by the securing evidence, obtaining witnesses, prosecuting or Insured Claimant that were authorized by the Company defending the action or proceeding, or effecting settlement, up to the time of payment and that the Company is and (ii) in any other lawful act that in the opinion of the obligated to pay; or Company may be necessary or desirable to establish the Title (ii) To pay or otherwise settle with the Insured Claimant the or any other matter as insured. If the Company is prejudiced loss or damage provided for under this policy, together by the failure of the Insured to furnish the required with any costs, attorneys' fees, and expenses incurred by cooperation, the Company's obligations to the Insured under the Insured Claimant that were authorized by the the policy shall terminate, including any liability or obligation to Company up to the time of payment and that the defend, prosecute, or continue any litigation, with regard to the Company is obligated to pay. matter or matters requiring such cooperation. Upon the exercise by the Company of either of the options (b) The Company may reasonably require the Insured Claimant to provided for in subsections (b)(i) or (ii), the Company's submit to examination under oath by any authorized obligations to the Insured under this policy for the claimed loss representative of the Company and to produce for or damage, other than the payments required to be made, examination, inspection, and copying, at such reasonable shall terminate, including any liability or obligation to defend, times and places as may be designated by the authorized prosecute, or continue any litigation. representative of the Company, all records, in whatever 8. DETERMINATION AND EXTENT OF LIABILITY medium maintained, including books, ledgers, checks, This policy is a contract of indemnity against actual monetary loss memoranda, correspondence, reports, e-mails, disks, tapes, or damage sustained or incurred by the Insured Claimant who has and videos whether bearing a date before or after Date of suffered loss or damage by reason of matters insured against by Policy, that reasonably pertain to the loss or damage. Further, this policy. if requested by any authorized representative of the Company, (a) The extent of liability of the Company for loss or damage the Insured Claimant shall grant its permission, in writing, for under this policy shall not exceed the lesser of any authorized representative of the Company to examine, (i) the Amount of Insurance; or inspect, and copy all of these records in the custody or control (ii) the difference between the value of the Title as insured of a third party that reasonably pertain to the loss or damage. and the value of the Title subject to the risk insured All information designated as confidential by the Insured against by this policy. Claimant provided to the Company pursuant to this Section (b) If the Company pursues its rights under Section 5 of these shall not be disclosed to others unless, in the reasonable Conditions and is unsuccessful in establishing the Title, as judgment of the Company, it is necessary in the administration insured, of the claim. Failure of the Insured Claimant to submit for (i) the Amount of Insurance shall be increased by 10%, and examination under oath, produce any reasonably requested (ii) the Insured Claimant shall have the right to have the loss information, or grant permission to secure reasonably or damage determined either as of the date the claim necessary information from third parties as required in this was made by the Insured Claimant or as of the date it is subsection, unless prohibited by law or governmental settled and paid. regulation, shall terminate any liability of the Company under (c) In addition to the extent of liability under (a) and (b), the this policy as to that claim. Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. | Form 5011408 (7-1-14) Page 4 of 5 ~ ALTA Ownefs Policy of Title Insurance (6-17-06) Colorado Policy #: 5011408-0027559e CONDITIONS (Continued) 9. LIMITATION OF LIABILITY CRules"). Except as provided in the Rules, there shall be no (a) If the Company establishes the Title, or removes the alleged joinder or consolidation with claims or controversies of other defect, lien, or encumbrance, or cures the lack of a right of persons. Arbitrable matters may include, but are not limited to, any access to or from the Land, or cures the claim of controversy or claim between the Company and the Insured arising Unmarketable Title, all as insured, in a reasonably diligent out of or relating to this policy, any service in connection with its manner by any method, including litigation and the completion issuance or the breach of a policy provision, or to any other of any appeals, it shall have fully performed its obligations controversy or claim arising out of the transaction giving rise to this with respect to that matter and shall not be liable for any loss policy. All arbitrable matters when the Amount of Insurance is or damage caused to the Insured. $2,000,000 or less shall be arbitrated at the option of either the (b) In the event of any litigation, including litigation by the Company or the Insured. All arbitrable matters when the Amount Company or with the Company's consent, the Company shall of Insurance is in excess of $2,000,000 shall be arbitrated only have no liability for loss or damage until there has been a final when agreed to by both the Company and the Insured. Arbitration determination by a court of competent jurisdiction, and pursuant to this policy and under the Rules shall be binding upon disposition of all appeals, adverse to the Title, as insured. the parties. Judgment upon the award rendered by the (c) The Company shall not be liable for loss or damage to the Arbitrator(s) may be entered in any court of competentjurisdiction. Insured for liability voluntarily assumed by the Insured in 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE settling any claim or suit without the prior written consent of CONTRACT the Company. ~ (a) This policy together with all endorsements, if any, attached to 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION it by the Company is the entire policy and contract between OF LIABILITY the Insured and the Company. In interpreting any provision of All payments under this policy, except payments made for costs, this policy, this policy shall be construed as a whole. attorneys' fees, and expenses, shall reduce the Amount of (b) Any claim of loss or damage that arises out of the status of the Insurance by the amount of the payment. Title or by any action asserting such claim shall be restricted 11. LIABILITY NONCUMULATIVE to this policy. The Amount of Insurance shall be reduced by any amount the (c) Any amendment of or endorsement to this policy must be in Company pays under any policy insuring a Mortgage to which writing and authenticated by an authorized person, or exception is taken in Schedule B or to which the Insured has expressly incorporated by Schedule A of this policy. agreed, assumed, or taken subject, or which is executed by an (d) Each endorsement to this policy issued at any time is made a Insured after Date of Policy and which is a charge or lien on the part of this policy and is subject to all of its terms and Title, and the amount so paid shall be deemed a payment to the provisions. Except as the endorsement expressly states, it Insured under this policy. does not (i) modify any of the terms and provisions of the 12. PAYMENT OF LOSS policy, (ii) modify any prior endorsement, (ili) extend the Date When liability and the extent of loss or damage have been of Policy, or (iv) increase the Amount of Insurance. definitely fixed in accordance with these Conditions, the payment 16. SEVERABILITY shall be made within 30 days. In the event any provision of this policy, in whole or in part, is held 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT invalid or unenforceable under applicable law, the policy shall be (a) Whenever the Company shall have settled and paid a claim deemed not to include that provision or such part held to be invalid, under this policy, it shall be subrogated and entitled to the but all other provisions shall remain in full force and effect. rights of the Insured Claimant in the Title and all other rights 17. CHOICE OF LAW; FORUM and remedies in respect to the claim that the Insured Claimant (a) Choice of Law: The Insured acknowledges the Company has has against any person or property, to the extent of the underwritten the risks covered by this policy and determined amount of any loss, costs, attorneys' fees, and expenses paid the premium charged therefor in reliance upon the law by the Company. If requested by the Company, the Insured affecting interests in real property and applicable to the Claimant shall execute documents to evidence the transfer to interpretation, rights, remedies, or enforcement of policies of the Company of these rights and remedies. The Insured title insurance of the jurisdiction where the Land is located. Claimant shall permit the Company to sue, compromise, or Therefore, the court or an arbitrator shall apply the law of the settle in the name of the Insured Claimant and to use the jurisdiction where the Land is located to determine the validity name of the Insured Claimant in any transaction or litigation of claims against the Title that are adverse to the Insured and involving these rights and remedies. to interpret and enforce the terms of this policy. In neither If a payment on account of a claim does not fully cover the case shall the court or arbitrator apply its conflicts of law loss of the Insured Claimant, the Company shall defer the principles to determine the applicable law. exercise of its right to recover until after the Insured Claimant (b) Choice of Forum: Any litigation or other proceeding brought shall have recovered its loss. by the Insured against the Company must be filed only in a (b) The Company's right of subrogation includes the rights of the state or federal court within the United States of America or its Insured to indemnities, guaranties, other policies of insurance, territories having appropriatejurisdiction. or bonds, notwithstanding any terms or conditions contained 18. NOTICES, WHERE SENT in those instruments that address subrogation rights. Any notice of claim and any other notice or statement in writing 14. ARBITRATION required to be given to the Company under this policy must be given Either the Company or the Insured may demand that the claim or to the Company at First American Title Insurance Company, Attn: controversy shall be submitted to arbitration pursuant to the Title Claims National Intake Center, 1 First American Way, Santa Ana, Insurance Arbitration Rules of the American Land Title Association California 92707. Phone: 888Â·632-1642. | Form 5011408 (7-1-14) Page 5 of 5 ~ ALTA Owner's Policy of Title Insurance (6-17-06) Colorado Owner's Policy of Title Insurance â€ž...,.e.4 First American Title?~ ISSUED BY First American Title Insurance Company POLICY NUMBER Schedule A 5011408-0027559e Name and Address of Title Insurance Company: FIRST AMERICAN TITLE INSURANCE COMPANY, 600 S. Cherry Street, Suite 715, Denver, Colorado 80246 File No.: 16003586 Address Reference: 602 North Fourth Street, Aspen, CO 81611 Amount of Insurance: $4,250,000.00 Premium: $7,658.00 Date of Policy: November 1, 2016 at 11 :11 AM 1. Name of Insured: Hill 190, LLC, a Delaware limited liability company 2. The estate or interest in the Land that is insured by this policy is: Fee simple 3. Title is vested in: Hill 190, LLC, a Delaware limited liability company 4. The Land referred to in this policy is described as follows: SEE SCHEDULE C ATTACHED HERETO Gary A~right, Authorized Agent Authorized Countersignature (This Schedule A valid only when Schedule B is attached) ~ Form 5011400-A (7-1-14) Page 1 of 1 ~ ALTA Owner's Policy of Title Insurance (6-17-06) Schedule A ./1 6.'*re Owner's Policy of Title Insurance 400#4/~ FirstAmerican Titte~ ISSUED BY First American Title Insurance Company POLICY NUMBER Schedule B 5011408-0027559e File No.: 16003586 EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Any facts, rights, interests, or claims that are not shown by the Public Records, but which could be ascertained by an inspection of the Land or by making inquiry of the persons in possession thereof. 2. Easements, or claims of easements, not shown by the Public Records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the Land would disclose, and which are not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown in the Public Records. 5. Any and all unpaid taxes, assessments and unredeemed tax sales. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 7. Taxes and assessments for the year 2016, and subsequent years, a lien not yet due or payable. 8. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as described in the United States Patent dated March 30, 1888, and recorded June 8, 1888, in Book 55 at Page 2, as Reception No. 024412. 9. Terms, conditions, provisions, agreements and obligations, and reservation of utility easement, as specified under the Resolution dated December 13, 1955, and recorded December 15, 1955, in Book 161 at Page 375, as Reception No. 103235. 10. Terms, conditions, provisions, agreements and obligations specified under the Encroachment Agreement dated January 27, 1986, and recorded February 12, 1986, in Book 505 at Page 351, as Reception No. 275599. 11. Terms, conditions, provisions, agreements and obligations, and reservation of utility easement, specified under An Ordinance Vacating a Portion of the Forth Street Right-of-Way Containing Approximately 130 Square Feet Adjacent to 602 North Fourth Street, All Within The City of Aspen, Pitkin County, Colorado (Ordinance No. 6, Series of 1986), recorded May 30,1986, in Book 511 at Page 777, as Reception No. 278329. 12. Terms, conditions, provisions, agreements and obligations specified under the Easement Agreement, dated April 30, 1986, and recorded May 30, 1986, in Book 511 at Page 780, as Reception No. 278330. | Form 5011408-B (7-1-14) Page 1 of 2 ~ ALTA Owner's Policy of Title Insurance (6-17-06) Colorado - Schedule B SCHEDULE B (Continued) 13. Any and all notes, easements and recitals as disclosed on the recorded Nitze Lot Line Adjustment Plat, recorded September 20, 1988, in Plat Book 21 at Page 33, as Reception No. 304123. 14. Any and all notes, easements and recitals as disclosed on the recorded Plat 602 & 614 North Fourth Street Minor Subdivision Boundary Line Adjustment Plat, dated August 31, 2015, and recorded September 11,2015, in Plat Book 112 at Page 39, as Reception No. 623184. 15. Terms, conditions, provisions, agreements and obligations specified under the Notice of Approval, recorded September 11, 2015, as Reception No. 623183. 16. Terms, conditions, provisions, agreements and obligations specified under the Bargain and Sale Deed, dated October 19, 2015, and recorded November 18,2015, as Reception No. 624947. 17. Terms, conditions, provisions, agreements and obligations specified under the Easement Agreement, dated October 28, 2015, and recorded November 18, 2015, as Reception No. 624948. 18. Encroachment of Hot Tub, Wood Deck and concrete into the building setback, as shown on the Improvement Survey Plat, provided by Peak Surveying, Inc. dated August 24, 2016, as Project No. 16060. 19. Any loss or damage by reason of the subject property encroaching onto North Fourth Street Right of Way on the west and West North Street Right of Way on the south, as shown on the Improvement Survey Plat, provided by Peak Surveying, Inc. dated August 24, 2016, as Project No. 16060. | Form 5011408-B (7-1-14) Page 2 of 2 ~ ALTA Owner's Policy of Title Insurance (6-17-06) Colorado - Schedule B Owner's Policy of Title Insurance First American Title- ISSUED BY First American Title Insurance Company POLICY NUMBER Schedule C 5011408-0027559e File No.: 16003586 LEGAL DESCRIPTION The Land referred to in this policy is described as follows: Parcel B, according to the 602 & 614 North Fourth Street Minor Subdivision Line Adjustment Plat, recorded September 11, 2015, in Plat Book 112 at Page 39, as Reception No. 623184, Pitkin County, Colorado. Form 5000000-C (7-1-14) Page 1 of 1 | Schedule C FirstAmerican Title'* COLORADO FORM 110.1 GENERAL ENDORSEMENT Issued by First American Title Insurance Company Attached to and made a part of Policy No.: 5011408-0027559e File No.: 16003586 Said Policy is hereby amended by deleting paragraph 1,2, 3,4,5 of Schedule B. 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: November 1, 2016 First American Title Insurance Company -A-'- d AL ** 4. 940-9 Dennis J. Gilmore, President Jeffrey S. Robinson, Secretary Gary A. Wright, Authorized Agent Authorized Countersignature | Form 50-CO110.1 (7-1-14) Page 1 of 1 ~ Colorado Form 110.1 General Endorsement Deleting Items Schedule B 0-1-94) ENDORSEMENT Attached to Policy No. 5011408-0027559E Issued By First American Title Insurance Company The Company hereby insures the Insured against loss which the Insured shall sustain by reason of damage to existing and future improvements, including lawns, shrubbery or trees resulting from the exercise of any right to use the surface of the land for enforcement of any of the reservations contained in the Patent to said land excepted from the description or shown in Exception No. 8 of Schedule B. This endorsement is made a part ofthe policy and is subject to all of the tem* and provisions thereofand of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any ofthe terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof. Dated: November 1,2016 First ~merican Title Insurance Company 4VL By: P Authorized Signatory Colorado Form No. 100.33 (6/03) First American Titlew -:1-/40 Issued by First American Title Insurance Company Attached to Policy No.: 5011408-0027559e File No.: 16003586 The Company insures against loss or damage sustained by the Insured by reason of the Land being taxed as part of a larger parcel of land or failing to constitute a separate tax parcel for real estate taxes. 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. FIRST AMERICAN TITLE INSURANCE COMPANY G&~A. Wright, Authorized Agent Copyright 2006-2009 American Land Title Association. All rights reserved. AMERICAN LAND TITLE ASSOCIATION The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. * ALTA Endorsement 18-06 (Single Tax Parcel) (06/17/2006) 16003586 .â€¢â€¢â€¢-~,Â·.- First American Title'~ Issued by First American Title Insurance Company Attached to Policy No.: 5011408-0027559e File No.: 16003586 The Company insures against loss or damage sustained by the Insured by reason of the failure of the Land as described in Schedule A to be the same as that identified on the survey made by Peak Surveying, Inc. dated August 24, 2016, and designated Job No. 16060. 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. <-4 FIRST AMERICAN TITLE INSURANCE COMPANY Gary A. Wright, Authorized Agent Copyright 2006-2009 American Land Title Association. All rights reserved. AMERICAN LAND TITLE ASSOCIATION The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. * ALTA Endorsement 25-06 (Same As Survey) (10/16/2008) 16003586 /1 */'*'C * a~- First,American Title- Issued by First American Title Insurance Company Attached to Policy No.: 5011408-0027559e File No.: 16003586 1. The Company insures against loss or damage sustained by the Insured in the event that, at Date of Policy, a. according to applicable zoning ordinances and amendments, the Land is not classified Zone R-6; b. the following use or uses are not allowed under that classification: c. there shall be no liability under paragraph 1.b. if the use or uses are not allowed as the result of any lack of compliance with any conditions, restrictions, or requirements contained in the zoning ordinances and amendments, including but not limited to the failure to secure necessary consents or authorizations as a prerequisite to the use or uses. This paragraph 1.c. does not modify or limit the coverage provided in Covered Risk 5. 2. The Company further insures against loss or damage sustained by the Insured by reason of a final decree of a court of competent jurisdiction either prohibiting the use of the Land, with any existing structure, as specified in paragraph 1.b. or requiring the removal or alteration of the structure, because, at Date of Policy, the zoning ordinances and amendments have been violated with respect to any of the following matters: a. Area, width, or depth of the Land as a building site for the structure b. Floor space area of the structure c. Setback of the structure from the property lines of the Land d. Height of the structure, or e. Number of parking spaces. 3. There shall be no liability under this endorsement based on: a. the invalidity of the zoning ordinances and amendments until after a final decree of a court of competent jurisdiction adjudicating the invalidity, the effect of which is to prohibit the use or uses; b. the refusal of any person to purchase, lease or lend money on the Title covered by this policy. 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. Copyright 2006-2009 American Land Title Association. All rights reserved. AMERICAN LAND TITLE ASSOCIATION The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. * ALTA Endorsement 3.1-06 (Zoning - Completed Structure) (10/22/2009) 16003586 21 6, FIRST AMERICAN TITLE INSURANCE COMPANY Gary A. Wright, Authorized Agent Copyright 2006-2009 American Land Title Association. All rights reserved. AMERICAN LAND TITLE ASSOCIATION The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. 86 4==15 ALTA Endorsement 3.1-06 (Zoning - Completed Structure) (10/22/2009) 16003586 . 4.-,Ilk-v- Mrst=American Title'~ Issued by First American Title Insurance Company Attached to Policy No.: 5011408-0027559e File No.: 16003586 1. The insurance provided by this endorsement is subject to the exclusions in Section 4 of this endorsement; and the Exclusions from Coverage, the Exceptions from Coverage contained in Schedule B, and the Conditions in the policy 2. For the purposes of this endorsement only, a. "Covenant" means a covenant, condition, limitation or restriction in a document or instrument in effect at Date of Policy. b. "Improvement" means a building, structure located on the surface of the Land, road, walkway, driveway, or curb, affixed to the Land at Date of Policy and that by law constitutes real property, but excluding any crops, landscaping, lawn, shrubbery, or trees. 3. The Company insures against loss or damage sustained by the Insured by reason of: a. A violation on the Land at Date of Policy of an enforceable Covenant, unless an exception in Schedule B of the policy identifies the violation; b. Enforced removal of an Improvement as a result of a violation, at Date of Policy, of a building setback line shown on a plat of subdivision recorded or filed in the Public Records, unless an exception in Schedule B of the policy identifies the violation; or c. A notice of a violation, recorded in the Public Records at Date of Policy, of an enforceable Covenant relating to environmental protection describing any part of the Land and referring to that Covenant, but only to the extent of the violation of the Covenant referred to in that notice, unless an exception in Schedule B of the policy identifies the notice of the violation. 4. This endorsement does not insure against loss or damage (and the Company will not pay costs, attorneys' fees, or expenses) resulting from: a. any Covenant contained in an instrument creating a lease; b. any Covenant relating to obligations of any type to perform maintenance, repair, or remediation on the Land; or c. except as provided in Section 3.c., any Covenant relating to environmental protection of any kind or nature, including hazardous or toxic matters, conditions, or substances. Copyright 2006-2012 American Land Title Association. All rights reserved. AMERICAN LAND TITLE The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. ASSOCIATION All other uses are prohibited. Reprinted under license from the American Land Title Association. .tzâ‚¬=Â»> ALTA Endorsement 9.2-06 (Covenants, Conditions and Restrictions - Improved Land - Owner's Policy) (04/02/2012) 16003586 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. x-% FIRST AMERICAN TITLE INSURANCE COMPANY Gary A. Wright, Authorized Agent Copyright 2006-2012 American Land Title Association. All rights reserved. AMERICAN LAND TITLE The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. ASSOCIATION All other uses are prohibited. Reprinted under license from the American Land Title Association. * ALTA Endorsement 9.2-06 (Covenants, Conditions and Restrictions - Improved Land - Owner's Policy) (04/02/2012) 16003586 â€¢-4-"'- First American Title *%0~#f POLICY AUTHENTICATION ENDORSEMENT Issued by First American Title Insurance Company Attached to Policy No.: 5011408-0027559e File No.: 16003586 When the policy is issued by the Company with a policy number and Date of Policy, the Company will not deny liability under the policy or any endorsements issued with the policy solely on the grounds that the policy or endorsements were issued electronically or lack signatures in accordance with the Conditions. 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. IN WITNESS WHEREOF, the Company has caused this endorsement to be issued and become valid when signed by an authorized officer or licensed agent of the Company. Date: November 1, 2016 First American Title Insurance Company b-t d RL YA,*1 4 . 4*ONÂ·*FU Dennis J. Gilmore, President Jeffrey S. Robinson, S~tretary Gary A. Wright ,)(VU Name of Agent By: Authorized Countersignature Form 50-10899 (7-1-14) Page 1 of 1 | ALTA 39-06 Policy Authentication (4-2-13) CLTA 142-06 29.7 ..1 ...., First American Title= MINERAL RIGHTS - DAMAGE TO IMPROVEMENTS ENDORSEMENT Issued by First American Title Insurance Company Attached to Policy No.: 5011408-0027559e File No.: 16003586 The Company hereby insures the insured against loss which the insured shall sustain by reason of damage to existing improvements resulting from the exercise of any right to use the surface of the land for the extraction or development of the minerals excepted from the description of the land or shown as a reservation in Schedule B. 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: November 1, 2016 First American Titte insurance Company 19/ AL %14Â« 4. *44,11./ U Dennis J. Gilmore, President Jeffrey S. Robinson, Secretary Ak Gary A. Wright, Authorized Agent Authorized Countersignature | Form 50-CO100.29 (2-9-15) Page 1 of 1 ~ Colorado Form No. Co-100.29 Mineral Rights - Damage to Improvements (6-1-95) ENDORSEMENT Attached to Policy No. 5011408-0027559E Issued By First American Title Insurance Company The Company hereby assures the insured that paragraph 13 of the Conditions and Stipulations o f the Policy, requiring arbitration, is hereby amended to read: Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or breach of a policy provision or other obligation. All arbitrable matters shall be arbitrated only when agreed to by both the Company and the insured. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy, shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the Iand is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by theArbitrator(s) may be entered ill any court having jurisdiction thereof. The law ofthe sit:us ofthe land shall apply to an arbitration under thelitle Insurance Arbitration Rules, A copy of the Rules may be obtained from the Company upon request. This endorsement is made a part of the policy and is subject to all of the tenns 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 prior endorsements, nor does it increase the face amount thereof. Dated: November 1,2016 First ~rican Title Insurance Company By: < Authorized Signatory Colorado Form No. 150 (4/94) Arbitration Endorsement AIIALoan Policy (1987) r.1 .,gâ‚¬/1*0 MAR 0 1 2017 C CITY OF ASPEN 0 *18 09'ENT 602 N. FOURTH ASPEN, COLORADO 81611 EXISTING HOUSE DRAWINGS S 2 ILJ JANUARY 2, 2017 ARCHITECTS 215 S. MONARCH STE G-102 ASPEN,CO 81611 P 1 970.544.4856 WWW.S2ARCHITECTS.COM IMPROVEMENT SURVEY PLAT PARCEL B, 602 & 614 NORTH FOURTH STREET MINOR SUBDIVISION AND BOUNDARY LINE ADJUSTMENT ACCORDING TOT HE PLAT RECORDED SEPTEMBER 11, 2015 IN PLAT BOOK 112 AT PAGE 39 CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO N I sEWER RECEIVED MAN}lt)LE CITY OF ASPEN 3{*D 4Â¥ , 60 /05 RFBAR & CAP-1 NORTI, i 2 All-E~ VACATED PER - BK 101 pl 37.5,&Uill,TIO~ WILULÂ£LSUCLUZ COMMINITY DEVELOPMENT 9 u i R LINE " -'c.ZirÂ·rEEn@Nr MAR 0 1 2017 IS..!LLIGIB11Â· 1 1 -72 6.31 S F.I. -Stu W 270-~C- - E rd, REBAnÂ·-1 1 -L 1 1 1/ CAPLS-â€¢~79,~lzzzIJA:Ji:fi Ifl~Â©~f~~~~~~~~~R~ILED ~4~4/"~-- C O A. UPS-N ~.f*2> 1 Â® ~,(1'4!~~ss I . - -,--Â· 7 1 N.61Hlf.& < . FRANCIS A : 4 -- I -- BRASSCAP , TIE BORDER I PROP[ R TY D[:01. RIP [1(~L <ma _ PARCEL B, 602 & 614 NORTH FOURIH STREET MGOR SUBDrvISION AND BOUNDARY LINE 210 '.0,1/111'll,111..... w 4 1.i E & i 1 ADJUSTMENT. ACCORDING TOT HE . AT RECORDE D SEPTEMBER 1 1.2015 nN PLAT BOOK 1 T 2 AT STORM ~ lilli,CIn OFASPFN.('0....OFF/4. STATIOFCOLORADO. C.0 A GPS 180 1 1 -4 4 44 % 4 7 1 of- DRAIN MONUMENT *8 1 1 ~- 1 ,; GARMISCH & W FRANCIS <? CONCIFTF W. I. CONCRETE r:Â· pÂ· 8RASSCAP DRIVEWAY ' 31~ 2 DR~EW" a.1 A 4 9 . 14 1 GRAPHIC SCALE J 1 4' wATER--â€¢~le W ~ r il SERVICE y IN )-- Fi 15 ~11 ~() 19 1 4- 4. 1 TIE BORDER ( DI FEET) = 19 < 2@4 I ~.33"in- E l inch - 10 fi PARCEL B 602 N FON ETH STRFEI ~ 2i% 1, 1 IE lEI 1 1 1/ - i 1% 9 1 9 11.....Â« 5 -- LOT 14 A.Â·A.Â·St'.1Â·0 | 7. | I 1 | | INRK<11*17-74 11/511 PG 74Â¢u i I NOT S' U 'WN AS | h Z r=87' 7 IA"All:DON FLAt ' . 1 111 1 1 I..- HIL 3 | 1 1| | / TIEBORD. i 1 1 1 â‚¬ 1 H 'CL ./.@ S 1 - | /5 REBAR & CAP L.S.#37935 1 1 1 -lili 1 1 , 8// * 1_1J I I n b11 1//1.5'BLOCK i | BALLARD (rEp.) BLOCk BALL 1 1... 9\ Lituzze.ju 44Â».N J i i \\2 1 1 ----*44/ \<420 P PLA'IER MAN TER ~ \ li Q-=EZ==22-* \ -aur---- 4 \ 1- \\ NOTI '4 24/ R.~ ~<Â£10/4H \ Wi'Kt)\111[Nl *toÂ©A SIAILMENi 1, /11!S PROPERTY IS SLBJE. TORESERVATIONS, RESTRICTIONS, COVENANTS, BUILDING ' - 1 HEREBY STATE THAT THIS 1MPROVEMENT SURVEY WAS PREPARED BY PEAK SURVEYING.INC /1 BACKS AND EASEMENTS OF RECORD. OR [N PLACE AND F.'Fril}Nq TO In [ F SHOWN IN ' *--1- INE 1111LCOMMITMENT FREPARLDBY FIRST AMERICAN Illl.L INS11RANC .MI'ANY ./ 1 FOR STEVEN Id GARBAY, STI VEN R STUNDA AND ATTORNEYS TITLE IN!;l RAâ€¢.CE A6ENCY OF ASPEN.L.C. FIRSÂ·1 A MI RICAN 1ill L INSCRANCE[Â·COMPANY. ATTORNEYS TITLE INSURANCE AGENCY OF ASPEN. LLC COMMETI NT NO :bOW<86 DATI D I FURTHI R S'l AlÂ·F THAT THr IMPROV: MI NTS ON THIÂ· ABOVE DESCRIBED PARCEL ON THIS DATE. EFFECT'VEALGL-ST 12.20]6. -- Al (illq' Â· 2.14. E l' 1 1' 1 U rl 11 I ' 1 Â·Ill / 1'101â€¢... AP Â· r..IRFI Y WITHIN THE BOUNDARIES'F WESTNORTI{STRIET 2)â„¢FDMTFOFTHISSURVIÂ·YWASAUGUSTIX,~I,14 i - 114, I' Vuâ€¢ I I .Cl jyl A'Q '4Hrri I I Â·' 1 IHI RI 1,!2, Il Â· I l' ItrÂ·,1.HÂ·dENTS LPON THE DESCRIBFO 31 BASIS OF BEARINGS FOR T}B SUR' 1Â· Y 1% A ]*ARING OF Nuouuour"l BE[ WIEN THE ~ PRIA .In nIPRO'Ill-I -' Al,JoiÂ·..bl'4!Ul~IllwE.AS I.[)!CATED.A~D THAI 11Â· 1: Ne APPAWÂ· /1 1 ' li l i 'Â·1, /1, / 1,1 Â·~Ii I ...1 /1 CROSSI>.GOR BLK. /ING A.Y NORTHM ESTERLY CORIE OFLOT4, BLOCÂ·K lol. A #5 RLBAR & CAP LS #90[8 FOUND I~ PLACE $ - PAR I LI ~Â·~ li~ Iâ€¢AR( Il.,~.I 1Â· I A~ Â·.â€¢ i l l I) 11 Ill Â· I ll W .1 411 THAT I HA~ El XAMI~ ED THIE TITLE ANDTHENORTHFASTIÂ·'Rl Y CORN[ROrn[F WIPSTERI Â¥ 151'11 TOI' ] OT4.11[OCK 101.A #5 , ./.I l /! /1 PRf I .I I) Pi 1 Il.~ I .. ' Il '/ l i l i I I./.IRANCE COMPANY FOR ArrORNEYS REBAR & CAP L.S. 0901% FOUND I. PLACE \ 1JILt Il'.M NAâ€¢.: 1 4,! NI i (Â·1 A',1'1 ~. Ill ~i Â·94'â€¢,Ill,11 â€¢.r ~.(, lem)5be~ DAT[ D EFFECTIVE AlÂ·GU'.1 2/14'll) 1,/D.Il lilli':IONS I lilli I.Â·/ AMIâ‚¬ I IIi Sl'JECTPROP[(InÂ· 4,1NTTSOFM1 ASCRFFOR Ali .W...UNHOWN 111:RION'US SURV~Y FEET -~h All[ %- /! IN D . lu rHI 111 STO, MY KNOWLE,ibl AND BLUE~ I THIS StÂ·.Â·EY 1% BANFD ON THF 602 & 614 NOR] 1{ Fo[IRI H .RIÂ·El MINO' SUBDIVIS[ON AND ---- M IDARY LINE AD.1, SI MENT FLAI W ORDED SEPI L MB ER 1 I. 20,5 IN PLA 1 BOOK 1 / AT PAGE,9 AND THE NITZ.1 1 OT I INE ADrUSTMINT RECORD, D [>, Pl AT Book 21 A r P AotÂ· U . - ,Â§09â‚¬ 17*0 InfÂ· PlTKIN l Ol ITY' CL F.RK AND R[:CORDE R't;OFFICIÂ· AM) ( ORNFRS liotl>iI, IN FLACE - - . 05% bfA 6,THE SUBI:CT PROPURT# ACCORDING TO TIll f 'TY 0, 9*14 . 4 IMMINITY [}1 Lil OPMENT - -- - / 31931 Â·Â· WEBSITE IS ZONED R.6 BULDING ST ]BAC}.'4 'â€¢ M; AV, 1 AN ;,1 i / Â·Â· ilÂ·Â· ICl 1 i .1, I 9 - 1 0 PLANNJNG OR CONSTRUCION - SUN* *Il,PI/4 ~0.17 a)DE AT 26,710410 SETBACKS SHoll.D Br VER,Ill D WITH loN,Mt.NIn' Iii *Il OPMI vr PRIOR . 0 35 6 . 08/2416 . Â¢ 404,Â£ 61' ~ w..peaksurveyingin. con_,AW . Dr34. NO. Dale Revision B, Prujeet NO. Checked By CITY OF ASPEN. COLORADO 16060 JRN STEVEN R. STUNDA ~--4-9 PO.Bâ€žI 1746 vq ~â€¢~ I.- .. Rifle, CO 81650 \ 'I JRN IMPROVEMENT SURVEY PLAT ~ / Ph,ine (970) 625-1954 \ .11~ Daie PARCEL B, 602 & 614 N. 4TH ST. MINOR Fa. (970) 579-7150 AUGUST 24.2016 BASED:re' Al' DEFEC'll T.. SL'RYE. ImUN THREE 'E/8/FiER.OUP#. DISC....CHILI.../01:VINT'ler Al' ACTION./.00,0,â€¢Al'DLI'll/ --/- -/- lomputer,11' 602 N. 4TH STREET 1OF1 â„¢16 St/V EÂ¥ . COMM*NCED MCI' THAN TEN YEARS FROM TIE D.rE OF T. 060.DWO CERâ„¢[LAnD'â€¢SHOHEA 31.1Â¥#LIS DNKI 1/1/ ZONING ALLOWANCE & 1 )JECT SUMMARY CITYOFASPEN LOT (SINGLE FAMILY) EXISTING DEVELOPMENT SINGLE FAMILY RESIDENCE PARCEL# 273512403001 ZONE DISTRICT R6 EXISTING ALLOWED ALLOWED ./~ kEÂ®Â®p." SETBACKS (PRINCIPAL) (ACCESSORY) FRONT NA 10' REAR NA 10' 5' COMBINED FRONT/REAR NA N/A SIDE N/A 5' MINIMUM COMBINED SIDE N/A TBD DISTANCE BETWEEN BUILDINGS N/A 5' CORNER LOT YES YES HIEGHT LIMIT 25' NET LOT AREA CITY OF ASPEN BASED ON SURVEY FROM SEXTON SURVEY COMPANY 1/29/16 ZONE DISTRICT REQUIREMENTS R6 MIN. GROSS LOTAREA 6,000 SF MIN. NET LOT AREA LOT SIZE PER SURVEY (Gross Area) 6,058 SF REDUCTION FOR EASEMENTS TBD REDUCTION OF AREA WITH SLOPES 0%-20% NA - FLAT LOT REDUCTION OF AREA WITH SLOPES 20%-30% NA - FLAT LOT REDUCTION OF AREA WITH SLOPES 30%-40% NA - FLAT LOT REDUCTION OF AREA WITH SLOPES > 40% N/A - FLAT LOT -I. - -- NET LOTAREA TBD SUe. EXISTING DRAWINGS 1/2/17 ALLOWABLE FLOOR AREA CITY OF ASPEN ALLOWABLE FLOOR AREA PER R6 ZONING MAXIMUM FLOOR AREA FOR A SFH, REFERENCE BASED ON THE LOT AREA 26.710.060 LOTS 6,000 - 9,000 SF 3240 SF 14 SF FOR EACH ADDITIONAL 100 SF OF LOT AREA 8.12 SF DRAWING DATE: 1/2/1 TOTAL ALLOWABLE NET FAR 3248.12 SF ZONING SUMMARY EXEMPTIONS GARAGE EXEMPTION FIRST 250 SF lS EXEMPT REFERENCE NEXT 251-500 SF EXCLUDE 50% OF AREA 26.575.020.D.7.Z-012 DECK EXEMPTION (ALLOWABLE FLOOR AREA = 3,248.12 SF X 15% REFERENCE ZO.1 487 SF EXEMPT 26.575.020.D.7.Z-013 Sl)31IHDkIV 03(132 v 20 -9 ' 1SH V OIN' 2 L k9 Le~Gvtl~Of N3* 806 1 0 8VVI CES 133EllS Hlal n OB N 209 -IS --L___ ----- -- - I ./ --- - #5 R--..R4SLâ‚¬AP -~ --I-l- - 7Â»k 5 8 - NORTH 1/2 ALLEY VACAT SEWER TE BK 161 PG 375 RESOLUTION ED ss---ss----ss--uyiutiy-vx-~g-i~i~~~~~~~~lill_._ L.S. #ILLEGIBLE 1 M 726.31 S.F.+/- --~x- N 86Â°20'21" W 73 52' 4- ---I- SS --- - ---. ill------ss ----- 1 - - - r--- / ..ma -212- ~~~------ SS -_...__ ----1.- MI--1-Ss----- -- / 1.=L-,- -= . .721 --- - Y VACATÂ»\PER 1 I - ~ r-#5 REBAR-& 1.5' X 1.5' BLOCK BLOCK Â· BK 161 PG 375 R -SOLUTION-Wfitf~ESERVE 62 - L Hu 011'5~ - -~ CAP L.S. #3793- 0.- -BALLARDJITPÂ·) WALL (TYP.) 1 UIELLTÂ¥-EA NT UNCLUDEDCWPARCEL - L ---- 0 0 A/GRS:L 7' WITNESS i - - - - 1-134@*As:~QylJ--11 1 IÂ», &...I. B.I.-...' -- N. 6TH ST. & j \ 1\ C .::.. ,wÂ» mE *19 â‚¬40995,- 24*4 *gr#*4~~N..1.~k--* .*1 RuiTI?Â»17 5 3., . : MONUMENÂ¥,#91 \ - - -33 'e- - - CORNER " -1- --0 7 PEUff~DESC , _.,1 U 4----11 0 W. FRANCISÂ·I . 3-- 0 STORAGE : WORKSHOP BATH 1 - r Dio 0Â®1 - [*3 -- CD & TIE .i ,~ '. F I ' I. . -3 ~Fi - ~ GAS r--.-.,18 1 U" C,Â·322'~! I I. 4 I 0. 1 1 BEDROOM #1 N 1. 1 .. . ..1 . STORM, -.. 1 J i . - 3 :1 - M mo . 3 - Cl DRAIN iÂ· Â· 1 ' 0 11 3 U 3 0 4 Â· -,=9 0 - 4:2: C . ul K 7 I - Â© trj ' ~ Cd*CRETE ~ 9 ~,~~ . ., 1- i - 1 UN.=-1 - 1 ~CONCRETE GARAGE . I ,/ 412 1 - .*RlVEWAY - : . , 114 44 111 1 Olt-â€¢ ~.Â£, - rh----Ir; --~ - - i : I . 1 t Wl- - . ~ 2 4. VIla Â£ r ~, 1 ------- - 1 . 1 -131 .Ul . ,1 1 1 - 3 6 .., 1 /' 2- 5I: ffilÂ·<4424-=.... WATER - 410 ~. **,~ .4 .'. SERVICE - 7 ' MECH ~ i uS . 1 ~ | i ~/ LAUNDRY [3 :1_~~== 3 - -- 1- e. F,Mi > -w- - 1.- e -L----43 O k 1 I ' 1 1 - Cioce - ... 1 :i. 1 - IOL.2 TIE IN~F f f El- - -BORDER - --11 71- - 33- i 1 - 1 0 + 11 4 1 1 rl ECE & D#.1 - r .I L= 2 1 09 1 h 1-0 < t# 0 :n 64 __~u 1 4 ONL Â·A :ff~-'43< ii@gif-1-1 BA~ ~| 1-93 6 -1 1 1 3 -1 [*il , - f 0< 1. UP 1 1 1| KITCHEN 004 1661 1 1, : 1 21 ENTRY 7-7 1 It- [*] IOO 1 1 8 miii . 1 4 Nt [*41Â© Z - 1â‚¬ .. 1. . 1 . ...... V . , 14\ 34 1 % P 1 1 : - 1 1. I \ 1\ - 1 XXV# 4 -r- ): 1 7 III LIVING SEATIdd ' 1- R o k 1- . 1 Billi 1.1 . Ill - Â» - g -. 1 11 2 f---116-1~, --- -----------1 1 1 \% 0 Tj 1 2 E 11 HATCHED--100\\\J 1 la< 11 :4 AREA DESCRIBED N \11 - OFFICE ' 2 28 11 7 - r 2.::1 IN BK 511 PG 777 & 0 m - /-4 DINING rY~71 BK 511 PG 780 'Â«F - i 3,1 D (1 1 1) 11 4 4 NOT SHOWN AS ~ ~,1 64' ~ A- / SUB, EXISTING DRAWINGS 1 /2/17 c-):~-VACATED-ON PIS-AT - ~~tes'~-lfi~ -3,6-51-3~333133~- BK 21 PG 33 f L._/< th__/t -42 jÂ« -- " )049 9431-10 043Â©0913< <".'. I I | I 1 1 1. ... | 30-u goÂ«COKXDÂ©<DOD? â€¢ BORDER ~*- NORTH FORTH -7 11 r~~Â· Â·F'rfrri,1. rdiff~,73 Â· 1:": DRAWING DATE: 1/2/17 ~ STREET 65' R-O-W BUILDING I /1~ r:.-- :1 0 1 1 r 1 1: lili 1 lili 1 - EXISTING SEnbAOR-- - - - - - AS-BUILT DRAWINGS 1 #5 REBAR & CAP 1 I L.S. #37935 f\ -- --Â·32Â®j. Al :.7 - / / / HOT 1 + - 4 TUB - Â·t /1 79 - AB1.0 i - \ 1-1 EXISTING SITE PLAN SCALE: 3/16= 1'.8 Sl)31IHDkIV INGO'Sl.031!HOBVZS l,gl8 00Vuoloo 133U1 AOH N 809 ~~ NORTH FOURTH STREET 1102 I N3dSV ('dAl) 7171Â¥1 )DO'I m .60.60.40 S FLOOR AREA CA ' CULATIONS 1 3 5 6 CITY OF ASPEN 15.4 24 1614 -- MAIN LEVEL GROSS FLOOR AREA (SQ. FT.) 2654.0 0-1 GARAGE GROSS FLOOR AREA (SQ. FT.) 406.0 4 16.3 COUNTABLE GARAGE FLOOR AREA (SQ. FT.) 78.0 406.0 - 250 NEXT 250 @ 1/2 = 78.0 - - -. -- UPPER LEVEL GROSS FLOOR AREA (SQ. FT.) 1520.0 2 -- 20555, 5 00 0,0 , , .. .. T . :.:.2. 29>' 202: f XE : // //, i /, '' , / ' / , ,, T// '' , // / // '' '' '' , ./, '' '' 1 P .<\ 19/:26.t::6 i.:ti TOP LEVEL OF STAIRS EXEMPT 35.0 OVERHANGS OVER 4' (COUNTABLE) NONE I. , / /,/1,/ ''' ''/':4 , '''fl 9231 :9,14:11 555,0 00 ....... .... I. I I ....... + STRUCTURAL STEPS (SQ. FT.) NONE I I ./ :.:I. .1 . ' ..k .1 PATIOS > 6" ABOVE GRADE NONE 82 , r . , . . . . O. . I , I I . 5.... ' I . / 05 I. 4 DECKAREA 301.0 :E / W _ C.,9 .. . , I . . . . 0 .:4'' . U Â« TOTAL PROPOSED FLOOR AREA CALCULATIONS â‚¬ AREA FAR (NET) UNIT A GROSS | ~ I / I I . . .' - 4 MAIN LEVEL FLOOR AREA (SQ. FT.) 2248.0 2654.0 N . / i .J./ 0- ' ' COUNTABLE GARAGE FLOOR AREA (SQ. FT.) 78.0 406.0 '. .' .J ..- 4 ' i 406.0 SQ. PT. , 1 UPPER LEVEL FLOOR AREA (SQ. FT.) 1485.0 1520.0 /4 46 . 0 I C/5 CL_ . GROSS FAk * (ik- - COUNTABLE DECK FLOOR AREA (SQ. FT.)(487 ALLOWED) 0 301.0 T 1 1 .% 1 . .1.55 1,1,. ''.'I': 1.6 1...., ' ' 1,1 ./', '7 . . , e , 95' ' 5 -1 0 - 0 0 ~ M ...... I , I + TOTAL PROPOSED FLOOR AREA (SQ. FT.) (3,248.12 ALLOWED) 3811.0 4580.0 F -- : i i ... apt".: 1.i ' ' ' , I I .- 2-3. 90:. -3--32- - 3--3-:t~:...c.-~~~~***~2 J~~.:I,,-fi I :lilli ,/I/,5, I -ai:' 72 5 -,11/1,/10,514,-0 I , 24-4 I ,:52. '' 1 4. 2 3 '':' I ~ .. .... ' 5'xÂ«<42565552255 f ' . :, -- k E r I, 1 .1 9': ':,f'' 1,33333:ittltÂ»f i IÂ» //4,/:: :r t t:) :' ''' ===============1===== 1 .' ' *t. T., , + 11 O 28 1 \ , . . . . ' ' tl 9- 0Â» 7 ' g Â»* ;:t L./ N I- g , , /,/, /, >--! - de ' '.:.5...5. 42:<:2:555::::54::::. ':.:. ::,2 54.... .// 1 2 -7--AirÂ·le--PLe~- , 1, >f - .... % . I /'/'//' .///// ./' 1 ' j i. j 2.0 2.44 4 5' ~ P) . \ 3 M:.22::4:5. 19 3 61<,~hjjf{.6 ; . ' a: ''' , 1 1 4 1 I 1 055755525' '' '15< , 1 1 1- 17-46 L .4 ' i ' I : ' ' I / 13 -:9.35 37* ... I.:.:0 I lilli. I , . ET-| EXISTING MAIN LEVEL FLOOR AREA DRAWING --- -==TE-1-4 0-- , / , I / /' I SUB.| EXISTING DRAWINGS 1/2/17 ' F - .... I I 1 4 5.556, '5:49?JAJ: : //I/f ,/ /'', /// 9;:f, 2, '' lili ..'., I f '11'. \ , Jil'' '1,/ , ' I I :::.:...:. I / Â¥ 1 ....5.... I .... I ........ i . 1.f..,/.::;C.1....:1...:.#. / . . . . , , 1 , ..i::Il:.:: .::M:. :. I ' .I . lili I I . 1 ' DRAWING DATE: 1/2/17 EXISTING ,. ''' ' '''' ' ''' aol.0 SCUFT. , -' ' , : ' *' AS-BUILT DRAWINGS | ~'~'''~ DECK , :''I , , , 4 54(6 LU - W l '' i , 4 1 Zlt \ . ''/1 ''' I . :Il I % ri-3 EXISTING UPPER LEVEL FLOOR AREA I ' ,-4- : 1247 .4 1 .-6- A82.0 - 1 SCALE: 3/16= 1'/ 1 4 6 51031IHONV INOO'510311139VZS 998)'449'016 I d 20 -9 -31$ H08Â¥NOA 3/ 6- 666 6 64 133EI1S HlbIAO=I N 209 212&1 NBdSÂ¥ 9 999 3.7 +0- TT - . 9//CH..........9 7/1/4 1 1 T '' . 'f, Â·.lk W -* 53 < 4. r\11 - .-: . .4 -I lip- ' *./ A.# 4 #, 1 1 . - - #19 1 1.- Â·... ~a - / 94Â«110 7 - .- 41 ' e. - , , % ~ 0 3% 23 - Al'--Il.' , 6411/2. ./1. ... -1. NE| NORTH ELEVATION PHOTO ~-2-1 EAST ELEVATION PHOTO OU - 5~ d -4 @W~kti~rialiA& V, r.. LL .- 0 Â¥*.1/ =Â·4.-Â· ./1-i---al I ~m. Z $ It/,81/1/#:.0- 4 -.111~%?2 04.....1'.=liN ./.*,~e- i I K//3/pliA,///1//A/Tr. 1,; - o r. 6 .M,*66",ii'WIPP. ff''itili~~~ 12 01 -3Â®*- 65 -2 ' 2 1 e..4 O -%6244 1 ... 1&1':1,7'Emirl' R 1~1:4--,1 . . :, 4, i.-4 ,Â·4Â· - !!1'U !11* li i SUB. EXISTING DRAWINGS 1/2/17 , r I .0 - =P. J...' I. , 1 ~' 46 , . ..t 21.1 0 - di:4' li r =? -Â«It . C 4 6- I * %Â»Il k p#.A.. . ./ *a.6, -1/ DRAWING DATE: 1/2/17 Â· --.... Â· . . 5: Â·All- EXISTING â‚¬ 0 %9- -- ELEVATION PHOTOS U".4Â» . ~ - < j k ...1/1 I L....m L AB3.0 ES-1 SOUTH ELEVATION PHOTO EPI WEST ELEVATION PHOTO tl00'S1031!HOMVES'MMM 998*'HS0L6 Id 20 L-9 -31S HOHVNOIN -S Z LUILLL' *3dSV 9