HomeMy WebLinkAboutLand Use Case.42 Pitkin Way.0072.2009.ASLU
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ARCHITECTS
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Attachment #4 -Written Responses to Review Standards
Building envelope adjustment request for Pitkin Reserve Lot 6, also known as 42 Pitkin Way, Aspen, CO
81611
Jessica Garrow, Long Range Planner
.. Community Development Department
City of Aspen
130 S. Galena Street
~„ Aspen, CO 81611
.. Applicant:
Michael S. Morgan
""' PRL Properties, LLC
5606 S. Rice Avenue
Houston, TX 77081
"~ 713-361-7231
~~~ Representative:
.. Clint Johnson
Newberry Campa Architects, LLC
"' 708 East 19'"
r, Houston, TX 77008
713-862-7992 ext 18 -office
~-- 713-927-4277 -mobile
,~, Aspen Land Use Code
Section 26.445.100 (A) PUD Insubstantial Amendments
""' 1. A change in the use or chazacter of development.-
Requesting change in building envelope due to relocation of waterline easement on property.
2. An increase by greater than three (3) percent in the overall coverage of structures on the land.
There will not be an increase in the overall coverage of structures in the land.
,~ 3. Any amendment that substantially increases trip generation rates of the proposed development, or the
demand for public facilities.
There is not an amendment that will increase trip generation rates of the proposed
~ development or demand on public facilities.
.. 4. A reduction by greater than three (3) percent of the approved open space.
There will not be a reduction in the approved open space.
~, S. A reduction by greater than one (1) percent of the off-street parking and loading space.
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Project Managment - 11-28-07 -Building Envelope RequesLdoc
Page I of 2
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,,,, There will not be a reduction in the off street parking or loading space.
6. A reduction in required pavement widths orright-of--way for streets and easements.
There will not be a reduction in the required pavement widths orrights-of--way for streets and
easements.
7. An increase of greater than two (2) percent in the approved gross leasable floor area of commercial
buildings.
~, There will not be an increase in the approved gross leasable floor area of commercial
buildings.
8. An increase by greater than one (1) percent in the approved residential density of the development.
"~ There will not be an increase in the approved residential density of the development.
9. Any change which is inconsistent with a condition or representation of the project's original approval
or which requires granting a vaziation from the projects approved use or dimensional requirements.
,,, Requesting change in building envelope due to relocation of waterline easement on property.
Area of building envelope will remain unchanged.
"~ Policies Regarding Building Envelope Adjustment requests within the City Of Aspen -Revised March
_, 17, 2004
Part III. Procedural Policy
`° 1. A building envelope adjustment request should not increase the overall spatial azea of the building
T envelope on the subject property or properties if the request is to be reviewed administratively; and,
Proposed building envelope adjustment will not increase the overall spatial azea of the
~- building envelope.
"" 2. The applicant of a building envelope adjustment request should first obtain a letter of approval from
,,., the respective Homeowner's Association from which the property is governed by, for the request to be
reviewed administratively; and,
^' See letter of approval for proposed building envelope adjustment from Pitkin Reserve
r Homeowners Association attached to this application.
-- 3. A building envelope adjustment request shall be reviewed by the Community Development Staff in
conjunction with the City of Aspen Parks Department Staff to determine whether the requested
adjustment would lead to the destruction of significant native vegetation and land features in which the
„~ specific building envelope was established to protect. The application for a building envelope
adjustment shall cleazly show that the request will not disturb significant native vegetation, for it to be
"" reviewed administratively; and,
No native vegetation or land features to be destroyed.
~ 4. A building envelope adjustment request shall not affect the allowable Floor Area Ratio, (FAR) on the
site for the request to be reviewed administratively.
Allowable Floor Area Ratio will not be affected by building envelope adjustment.
..
W - // 2 9 0 7
.~ Michael S. Morga Date
Project Managment - I I-28-07 -Building Envelope Requestdoc Page 2 of 2
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PITKIN RESERVE HOMEOWNER'S
ASSOCIATION
P.O. Box 10493
Aspen, CO 81612
November 28, 2007
HAND-DELIVERED
Jessica Garrow, Planner I
The City of Aspen
~- Community Development
130 South Galena Street
'~ Aspen, Colorado 81611-1975
~. Re: Michael Morgan Residence -Building Envelope Movement
`" Lot #6, Pitkin Reserve
Dear Jessica,
This is to confirm that the Pitkin Reserve Homeowners Association previously
approved the movement of the building envelope as shown on the attached
drawing labeled L.1 due to the waterline being moved.
Yours Truly.
Steve Hansen, Chairman of the Board
Pitkin Reserve Homeowner's Association
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THE CITY OF ASPEN
Land Use Application
Determination of Completeness
Date: December 4, 2007
Dear City of Aspen Land Use Review Applicant,
We have received your land use application and reviewed it for completeness. The case number
and name assigned to this property is 0072.2007.ASLU,42 Pitkin Way. The planner assigned to
this case is not assigned.
Your Land Use Application is incomplete:
We found that the application needs additional items to be submitted for it to be deemed
complete and for us to begin reviewing it. We need the following additional submission
contents for you application:
A site improvement survey as required by Section 26.304.030 B.6. of the City of
Aspen Land Use Code.
2.
3.
Please submit the aforementioned missing submission items so that we may begin reviewing
your application. No review hearings will be scheduled until all of the submission contents listed
above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the
land use application.
^ Your Land Use Application is complete:
If there are not missing items listed above, then your application has been deemed complete
to begin the land use review process.
Other submission items may be requested throughout the review process as deemed necessary by
the Community Development Department. Please contact me at 429-2759 if you have any
questions.
Thank You,
/ ° ~c,~
Jennifer Phela eputy Director
City of Aspen, Community Development Department
THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER
PARCEL ID NUMBER
PROJECTS ADDRESS
PLANNER
CASE DESCRIPTION
REPRESENTATIVE
DATE OF FINAL ACTION
0072.2009.A~
2735 01 40 7006
42 PITKIN WAY -,~ ~% ~ ~~ ~~ ~~~~
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FINAL PUD ADJUSTMENT
MICHAEL MORGAN
2.1.08
CLOSED BY ANGELA SCOREY ON 1/14/10
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Page 1 of 1
Janice K. Vos Caudill
Clerk and Recorder
530 East Main Street
Aspen, CO 81611
(970)429-2707
www.PitkinClerk.or~
I IIIIII VIII VIII VIII VIII IIII IIII
Print Date:
Pitkin County Transaction #: 6055 2/5/2008 8:54:41
Receipt #: 200800646 AM
Cashier Date: 2/5/2008 8:54:39 AM
(LDEAN)
Customer Information Transaction Information Payment Summary
DateReceived: 02/05/2008
Source Code: Over the
Counter
(ASPCIT) ASPEN CITY OF Q Code: Over the
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ATTN CITY CLERK Counter o
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ees $31.00
Return Code: Over the Total Payments $31.00
Counter
Trans Type: Recording
Agent Ref
Num:
2 Payments
~~ $21.00
P = CHECK 2075
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IPivl CASH $10.00
Recorded Items
BKPG: 0/0 Reception: 546315 Date:2/5/2008
R (ORDER) ORDER 8:54:31 AM
From: To:
Recording @ $6 for lpg and $5 for 2 or more pgs I 6I $31.OOI
$1 Surcharge
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file://C:\Program Files\RecordingModule\default.htm 2/5/2008
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DEVELOPMENT ORDER
of the
City of Aspen
Community Development Department
This Development Order, hereinafrer "Order", is hereby issued pursuant to Section 26.304.070,
"Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen
Municipal Code. This Order allows development of a site specific development plan pursuant to
the provisions of the land use approvals, described herein. The effective date of this Order shall
also be the initiation date of a three-year vested property right. The vested property right shall
expire on the day after the third anniversary of the effective date of this Order, unless a building
permit 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. Afrer
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.
PRL Properties LLC 42 Pitkin Way Aspen CO 81611
Property Owner's Name, Mailing Address and telephone number
Lot 6 Pitkin Reserve PUD City of Aspen COQparcel ID 2735-014-07-006
Legal Description and Street Address of Subject Property
Plans.
Written Description of the Site Specific Plan and/or Attachment Describing Plan
City of Aspen Community Development Director Insubstantial PUD Amendment (Attachedl.
Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions)
Effective Date of Development Order (Same as date of publication of notice of approval.)
February 3, 2011
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 t~ his 29th day o~ary, 2008, by the City of Aspen Community Development Director.
/,/liV//Il'
Chris Bendon, Community Development Director RECEPTION#: 546315, 02J05/20fl8 a4
08:54:31 AM,
1 OP 6. R 531.00 Doc Code ORDER
Janice K. Vos Caudill, Pitkin County, CO
~^
NOTICE OF APPROVAL
For An Insubstantial Amendment to the Building Envelope at 42 Pitkin Way, Lot 6
in the Pitkin Reserve Planned Unit Development,
Parcel ID No. 2735-014-07-006
APPLICANT: Michael S. Morgan, PRL Properties LLC
REPRESENTATIVE: Clint Johnson, Newberry Campa Architects
SUBJECT OF 42 Pitkin Way, Lot 6 in Pitkin Reserve PUD
AMENDMENT: Building Envelope Adjustment
SUMMARY:
On behalf of Michael Morgan of PRL Properties, Clint Johnson of Newberry Campa
Architects, has applied for an Insubstantial Amendment to the Pitkin Reserve PUD. The
Applicant is requesting a PUD Amendment to amend a previously approved building
envelope.
STAFF EVALUATION:
In order to amend a building envelope established in a PUD, a PUD Amendment must be
approved. Staff supports the proposed Amendment because it amends the building
envelope in response to a relocated water line easement required by the Water
Department. The amended building envelope will result in no gain in the building
envelope area, will not lead to a significant impact on existing native vegetation, and does
not impact the allowable FAR. The proposal has been reviewed and approved by the
Homeowners Association.
The proposed PUD Amendment is consistent with the character of the development and
the original approvals, does not increase the coverage of structures on the land, does not
impact the trip or parking generation and does not reduce the amount of parking provided
or right-of--way widths, does not impact and open space, and does not change the density
of the project. Staff finds that the proposed amendment meets the criteria for an
insubstantial amendment pursuant to section 26.445.100 of the City of Aspen Land Use
Code and meets the Building Envelope Adjustment standards adopted by the City of
Aspen Community Development Department.
DECISION:
The Community Development Director finds the Insubstantial Planned Unit
Development Amendment to be consistent with the review criteria (Exhibit B) and
thereby, APPROVES the PUD Amendment to allow for a change in the ~~~~1.d
Envelope on Lot 6 of the Pitkin Reserve PUD, with the following conditions: ~.+'~~
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CITY C ~ A.,4FrEN
rOs~al.~ei~r,~;'i' w:.~ ~p^~EN?
.-~
1. The spruce tree located in the south east corner of the lot, and indicated on the
attached site plan (Exhibit A), shall not be removed, and shall be protected
throughout construction by placing a fence around the tree's drip line. This drip
line area represents a "no construction" area and is meant to protect the tree from
any disturbances as part of the development.
2. Only the landscaping improvements as outlined on the attached site plan (Exhibit
A) shall be permitted outside of the amended building envelope.
The owner shall record an amended plat reflecting this approval within 180 days
of the recordation of this development order.
APPROVED BY:
C ris Bendon
Community Development Director
1.2~i,v~
Date
ACCEPTANCE:
I, as a person being or representing the applicant, do hereby agree to the conditions of this
approval and certify the information provided in this application is correct to the best of
my knowledge.
Michael S
PRL Properties LLC
~0~
Date
Attachments:
Exhibit A -Amended Building Envelope Approved by this Amendment
Exhibit B -Review Criteria
.~- -~..
..
ExxIBIT B
Insubstantial PUD Amendment Checklist
26.445.100 Review Criteria
All insubstantial PUD Amendments shall meet the following criteria, pursuant to Section
26.445.100, Amendment to PUD Development Order:
^ The proposed amendment does not change the use or character of the development.
^ The proposed amendment does not increase by greater than three (3) percent the
overall coverage of structures on the land.
^ The proposed amendment does not substantially increases trip generation rates of
the proposed development, or the demand for public facilities.
^ The proposed amendment does not decrease the approved open space by greater than
three (3) percent.
^ The proposed amendment does not reduce the off street parking and loading space by
greater than one (1) percent.
^ The proposed amendment does not reduce required pavement widths or rights-of-
way for streets and easements.
^ The proposed amendment does not increase the approved gross leasable floor area of
commercial building by greater than two (2) percent.
^ The proposed amendment does not increase the approved residential density of the
development by greater than one (1) percent.
^ The proposed amendment will not enact a change which is inconsistent with a
condition or representation of the project's original approval or which requires
granting a variation from the project' s approved use or dimensional requirements.
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ATTACHMENT?
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: H-L ~ DyL~fi/~ ~(~t~'~/ ,Aspen, CO
SCHEDULED PUBLIC HEARING DATE: 200 S~
STATE OF COLORADO )
ss.
County of Pitkin )
I, f'CUV ~~CLt'I ~/LO pL'~ I (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) 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 of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable,
waterproof materials, which was not less than twenty-two (22) inches wide
and twenty-six (26) inches high, and which was composed of letters not
less than one inch in height. Said notice was posted at least fifteen (15) days
prior to the public heazing and was continuously visible from the _ day of
200_, to and including the date and time of the public
hearing. A photograph of the posted notice (sign) is attached hereto.
Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (I S) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to all owners of property within three hundred (300) feet of the
property subject to the development application. The names and addresses of
property owners shall be those on the current tax records of Pitlc~ County as they
appeared no more than sixty (60) days prior to the date of the public hearing. A
copy of the owners and governmental agencies so noticed is attached hereto.
(continued on next page)
Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map shall be available for public
inspection in the planning agency during all business hours for fifteen (1 S) days
prior to the public hearing on such amendments.
~~ ~~~
Signature
The fo •I~oing ` Affidavit of Notice" was acknowledged before me this ~ day
of ~/~ ~'1~ , 200, by ~~s~~ S'~ ~-~P~~
WITNESS MY HAND AND OFFICIAL SEAL
My co mission expires: ~ ~ •,a '...
Notary Public
< ,.
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~'9Cemr,>si~„r' ~:;~sCS/2a~2!#J9
ATTACHMENTS:
COPYOF THE PUBL/CATION
PHOTOGRAPH OF THE POSTED NOTICE (SIGN
LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BYMAIL - ...~
I City of Pspen
PublisM1etl in the PsPen Times `Tleekly on February
13,2008.(1116104)
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CITY OF ASPEN
,.'OMMUNITY DEVELOPMENT
,4:
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CAPE ARCH I T E C T
100 North Third Street
HALL
MT DALV ENTERPRISES LLC Suite 102
Carbondale Colorado 81623
Tel 970 963 9896
Fax 970 963 5775
mtdaly@sopris.net
.y
January 7, 2008
To: Jessica Garrow
Via Federal Express:
City of Aspen Community Development Department
130 South Galena Street
Aspen, CO 81 bl 1
Jessica,
Here are the requested plans for updating the new building envelope for
the Morgan Residence - 42 Pitkin Way.
Please let me know if you need anything else at this time.
Sincerely,
~~, ~(~'
Julie Hoffner
Mt. Daly Enterprises, LLC
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~1EWBERRYCAMPA '~`
ARCHITECTS
_®._.
f._713.Rh2.7992 708 Earl 19th Ave.
1.-7H.B62.7914 Houston TX 77008
vnrrNEWBERRYGMPAcom
TRANSMITTAL PROJECT: MORGAN RESIDENCE -ASPEN
TUESDAY, DECEMBER 11, 200'7 PROJECT NUMBER: 6106
TO: JESSICA GARROW FROM: GLINT JOHNSON
WE ARE SENDING YOU:
NO.OF
COPIES DOCUMENT
DATE NO. OF
SHEETS
DESCRIPTION
O 11/O O ONE BOOK $ ,PACE 6 RECORDED PLAT FOR 2 PITKIN WAY.
O O /26/O ONE L-1.0 LANDSCAPE PLAN
THESE ARE TRANSMITTED AS CHECKED BELOW:
^FOR APPROVAL
®FOR YOUR USE
^AS REQUESTED
^FOR BIDS DOE
REMARKS:
Jessica,
^APPROVED AS SUBMITTED
^APPROVED AS NOTED
^RETURNED FOR
CORRECTIONS
20
^RESUBMIT COPIES POR APPROVAL
^SUBMIT COPIES POR DISTRIBUTION
^RETURN CORRECTED PRINTS
Attached is the recorded plat for 42 Pitkin Way and landscape plan for you to use in our building
envelope adjustment request of case number 0072.2007.ASLU.42Pitkin Way. If you have any
questions please let me know.
Clint Johnson
Newberry Campa Architects, L.L.C.
708 East 19th
Houston, TX. 77008
713-862-7992 0
713-862-7914f
COMMUNIGi10N-T6ANSMnTAL 42-Il-O)- 11 DECEMBER 200'f PAGel OPl
lervxleea Pxeux - RecoeoEO PuT.ooc
RECEPTION#: 544013, 11/13/2007 at
12:03:41 PM,
1 of 6, R $31.00 Doc Code EASEMENT
Janice K. Vos Caudill, Pitkin County, CO
CITY OF ASPEN
EASEMENT AGREEMENT
This Easement Agreement is entered into this i~ day of OC.~ , 20~ by and
between THE CITY OF ASPEN ("City"), a Colorado municipal corporation and home rule city, and
PRL Properties LLC, 5606 S. Rice Avenue, Houston, TX 77801 ("Grantor").
Recitals
WHEREAS, Grantor is the owner of certain real property described as Lot 6, Pitkin Reserve
Subdivision according to the Second Amended Plat thereof recorded in the records of the Pitkin
County Recorder at Reception No. 260514 ("Subject Property"); and
WHEREAS, the City owns and operates the City of Aspen municipal water distribution
system; and
WHEREAS, the City holds a water main easement over and across the Subject Property,
which easement is recorded with the Pitkin CountyRecorder at RecepfionNo. 151172, as more fully
described on Exhibit A as "Portion of Existing W aterline Easement to Be V acated Description", and
shown on the Waterline Easement Map described in Exhibit B, attached hereto ("Existing
Easement"); and
WHEREAS, the City and Grantor wish to provide for the City's vacation of the Existing
Easement over and across the Subject Property, and for Grantor's conveyance of a new easement as
herein described; and
WHEREAS, the City is willing to vacate the Existing Easement and Grantor is willing to
grant and convey a new easement to the CiTy on the terms and conditions herein provided;
THEREFORE, IN CONSIDERATION of the promises and agreements set forth below, and
for other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agree as follows:
1. Vacation of Existing Easement. The City hereby vacates, quitclaims and releases to
Grantor all of the City's right, title and interest in and to the Existing Easement as it crosses the
Subject Property.
2. Grant of New Easement. Grantor does hereby grant and convey to the City a
perpetual non-exclusive easement and right of way (the "Easement") for the purposes of excavation,
installation, operation, use, maintenance, repair, and replacement of the City's water mains, lines,
and associated facilities located within the easement premises. The Easement is described on
Exhibit A as Realigned Waterline Easement Description, which is attached hereto and incorporated
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herein by reference, and depicted on the map attached as Exhibit B. The Easement, and access
thereto, are granted over, upon, across, in and through the Subject Property. This grant of easement
shall run with the land for the benefit of the City, and shall be binding upon and inure to the benefit
of the City, and its successors and assigns.
3. Use of Easement By City. The City's agents, employees, contractors and other
designated persons may go upon the Easement at all reasonable times to undertake routine use,
operation and maintenance of the Cit}~'s water line and associated facilities. In the event the City
plans major repairs or replacement of infrastructure within the Easement, it shall provide Grantor
with reasonable advance notice of the work to be undertaken, and the estimated time of completion.
Notwithstanding the foregoing, the City may go upon the Easement at any time in the event of any
emergency situation or condition, and undertake such repair or replacement activities as it deems
necessary to properly resolve the emergency situation.
After the exercise of any of its rights hereunder, the City shall grade, re-seed or resod if
necessary to restore the surface ofthe ground to its former condition and contour, provided however,
that the City shall not be required to restore or replace any trees, bushes, brush, gazdens or other
vegetation on the Easement, nor any structures or pacing thereon.
4. Use of Easement Premises by Grantor. Grantor shall retain the right to use and enjoy
the Subject Property including the Easement so long as such use and enjoyment do not interfere with
the City's rights hereunder, and provided that Grantor shall not install or allow any obstructions or
permanent encroachments on or in the Easement, including but not limited to fences, buildings,
gates, or other structures, or trees, bushes, brush, gazdens, or pavement, and shall not obstruct or
permit obstruction of access to the Easement. In the event any such obstructions or encroachments
aze erected, installed, or permitted to remain upon the Easement premises notwithstanding this
pazagraph, Grantor understands and agrees that such obstmctions or encroachments maybe removed
by the City at Grantor's cost, and that the City shall have no responsibility or liability for any damage
or destruction thereto.
Tn the event Grantor discovers an emergency condition pertaining to the City's water
distribution system located on, over, in or through the Easement premises, Grantor shall make
reasonable attempts to promptly notify the City of such condition.
5. Liability to Others. Each party shall be responsible for any and all claims, demands,
actions, losses, liabilities, or expenses of whatever sort, including attorneys fees, that are incurred
by any person or entity arising out of or in connection with such party's use or occupation of the
Easement, or the use or occupation the Easement by its agents, employees, contractors, invitees or
licensees, provided, however, that nothing herein shall be construed to abrogate or diminish any
protections and limitations afforded to the Citybythe Colorado Governmental ImmunityAct, C.R.S.
§ 24-10-101 et seq. as amended, or other law.
6. Notices. All notices required to be given shall be deemed given upon deposit in the
2
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United States mail, first class postage prepaid, properly addressed to the person or entity to whom
directed at its address shown herein, or at such other address as shall be given by notice pursuant to
this paragraph. Copies of such notices shall also be sent in the same manner to the City Attorney,
City of Aspen, 130 South Galena Street, Aspen, Colorado 81611. Notwithstanding the foregoing,
Grantor may notify the City of emergency conditions as provided in pazagraph 3 above by direct
delivery of notice to the City Water Department at 500 Doolittle Drive, Aspen, Colorado, or by
telephone or telefacsimile communication with the City Water Department. The City Water
Department telephone number is (970) 920-5110, and the telefacsimile number is (970) 920-5117.
7. Bindine Agreement - Recordine. This Agreement is binding upon the parties hereto,
their successors and assigns, and any sale of the Subject Property, or any portion thereof shall be
subject to this Agreement. This Agreement shall be recorded with the Pitkin County Clerk and
Recorder, and shall impose an easement and covenants running with the land upon the Subject
Property.
8. Governing Law; Venue; Attornevs' Fees. This Agreement and the rights and
obligations of the parties hereunder shall be governed by and construed in accordance with the laws
of the State of Colorado. Venue for all actions arising under this Agreement shall be Pitkin County,
Colorado. In the event legal remedies must be pursued to resolve any dispute or conflict regarding
the terms of this Agreement or the rights and obligations of the parties hereto, the prevailing party
shall be entitled to recover costs incurred in pursuing such remedies, including expert witness fees
and reasonable attorneys' fees.
9. Authorization of Signatures. The parties acknowledge and represent to each other
that all procedures necessary to validly contract and execute this Agreement have been performed
and that the persons signing for each parry have been duly authorized to do so.
10. Counteroarts. ThisAgreementmaybesignedusingcountetpartsignaturepages,with
the same force and effect as if all parties signed on the same signature page.
IN WITNESS WHEREOF, the parties have executed this Agreement the date and year first
above written.
GRANTOR
PRL Pro~perti~es, LLC
By /~Cf~
Title: c.- ~ ~~ a~
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STATE OF ~~ 9 S )
" ) ss.
COUNTY OF ~ )
SUBSCq~RIBED AND SWORN to before me
I~(icl,.,e~ s_/vt~R6nx~ ,as ~o ltilnnu~~e3Pa.lr.,~of
WITNESS my
[SEAL]
this ~ day of c'D6~x, 20~ by
PRL Properties, LLC.
My commission expires:
THE CITY OF ASPEN, COLORADO
A Municipal Corporation and
Home Rule City
By ,
Phil Overeynder, U ~ ~ ~es 'rector
City of Aspen
130 South Galena Street
Aspen, CO 81611
APPROVED AS TO FORM:
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Aspen'~City ~ orney
F:\Client Files\Aspen\General\easement pitkin reserve lot 6 rev 2 102407.wpd
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WATERLINE EASEMENT MAP Qi.
LOT 6, PITKIN RESERVE
A TRACT OF LANO 811UATED IN OF SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH P.M.,
COUNTY OF PITKIN, STATE OF COLORADO.
SHEET Z OF 2
PORTION OF EXISTING WATERLINE EASEMENT 70 BE VACATED DESCRIPTION
[EASEMENT DESCRIBED IN RECEPTION N0. 151172, PITKIN COUNTY RECORDS]
ALL OF THAT EASEMENT DESCRIBED IN DOCUMENT RECORDED AS RECEPTION N0. 151172
OF THE PITKIN COUNTY RECORDS, LYING WITHIN L07 6 OF PITKIN RESERVE SUBDIVISION
DESCRIBED IN THE SECOND AMENDED PLAT RECORDED AS RECEPTION NO. 260514 OF
THE PITKIN COUNTY RECORDS. SAID EASEMENT BEING VACATED SITUATED IN SECTION
12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH PRINCIPAL MERIDIAN.
REALIGNED WA R IN A~ M NT D CRIPTION
AN EASEMENT SITUATED IN LOT 6, PITKIN RESERVE SUBDIVISION DESCRIBED IN THE
SECOND AMENDED PLAT RECORDED AS RECEPTION NO. 260514 OF THE PITKIN COUNTY
RECORDS, ALSO BEING SITUATED IN SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST
OF THE SIXTH PRINCIPAL MERIDIAN BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING A7 A POINT ON THE NORTHERLY BOUNDARY LINE OF SAID LOT 6 WHENCE
THE NORTHWEST CORNER OF SAID LOT 6 BEARS N 59'12'00" W, A DISTANCE OF 50.76
FEET; THENCE LEAVING SAID NORTHERLY BOUNDARY LINES 88'48'19" W, A DISTANCE
OF 82.19 FEET TO A POINT ON THE WESTERLY BOUNDARY LINE OF SAID L07 6; THENCE
S 54'19'00" W ALONG SAID WESTERLY BOUNDARY LINE, A DISTANCE OF 78.01 FEET;
THENCE LEAVING SAID WESTERLY BOUNDARY LINES 40'16'46" W, A DISTANCE OF 53.18
FEET 70 A POINT ON THE SOUTHERLY BOUNDARY LINE OF SAID LOT 6; THENCE
S 64'09'00" E ALONG SAID SOUTHERLY BOUNDARY LINE, A DISTANCE OF 25.81 FEET;
THENCE LEAVING SAID SOUTHERLY BOUNDARY LINE THE FOLLOWING THREE (3) COURSES:
1) N 40'16'46" E, 42.10 FEET;
2) N 54'06'12 E, 60.10 FEET;
3) N 88'48'19" E, 129.13 FEET TO A POINT ON SAID NORTHERLY BOUNDARY LINE OF
SAID LOT 6; THENCE N 57'22'00" W ALONG SAID NORTHERLY BOUNDARY LINE, A
DISTANCE OF 5.11 FEET; THENCE CONTINUING ALONG SAID NORTHERLY BOUNDARY LINE
N 59'12'00" W, A DISTANCE OF 51.24 FEET TO THE POINT OF BEGINNING.
SAID REALIGNED WATERLINE EASEMENT CONTAINING 6,109 SQUARE FEET MORE OR LESS.
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LOT 6, PITKIN RESERVE
A TRACT OF LAND SITUATED IN OF SECnON 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 67H P. M.,
COUNTY OF PIIKIN, STATE OF COLORADO.
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T ~~,i POINT OF BEGINNING
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DESCRIBED THIS DOCUMENT
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CIVIL CONSULTANTS
MAIN STREET, SUITE A3
iNDALE, COLORADO 81623
(970) 704-031) 252R8
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PITKIN RESERVE HOMEOWNER'S
ASSOCIATION
P.O. Box 10493
Aspen, CO 81612
November 28, 2007
HAND-DELIVERED
Jessica Garrow, Planner I
The City of Aspen
Community Development
130 South Galena Street
Aspen, Colorado 81611-1975
Re: Michael Morgan Residence -Building Envelope Movement
Lot #6, Pitkin Reserve
Dear Jessica,
This is to confirm that the Pitkin Reserve Homeowner's Association previously
approved the movement of the building envelope as shown on the attached
drawing labeled L.1 due to the waterline being moved.
Yours Truly,
~'%~~~
Steve Hansen, Chairman of the Board
Pitkin Reserve Homeowner's Association
SH/Isc
Encl.
cc: Michael Morgan
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PRL Properties, LLC
5606 S. Rice Aveuue
Houston, Texas 77081
November 29, 2007
Ms. Jessica Garrow
The City of Aspen
Community Development
130 South Galena Street
Aspen, Colorado 81611
Reference: Building Envelope Adjustment for Pitkin
Reserve, Lot 6 Located at 42 Pitkin Way
Aspen, Colorado in Zone R-30-PUD
Deaz Jessica:
I am writing this letter to request a building envelope adjustment on my lot because of the
16" main waterline and easement being moved. The work has been completed and a new
easement has been recorded with the City.
Please allow this letter to authorize the following representative forme:
Clint Johnson
Newberry Campa Architects
708 East 19`h Avenue
Houston, Texas 77008
713-862-7992, ext. 18
Attached is the check for review and if you have any questions, please feel free to give
me a call.
Yours very truly,
Michae``~ an
g
Managing Member
PRL Properties, LLC
713-361-7231
~tECEIVED
~;~~ U 3 2007
CITY OF ASPEN
~GMMUNITY DEVELOPMEN'
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The Morgan Residence
42 Pitkin Way
Aspen, Colorado
R-30-PUD
Building Envelope
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Table of Contents
1. City Map
11. Proof of Ownership and Legal Description -Title
Commitment
111. A. Land Use Application Form
B. Signed Fee Agreement
C. Completed Dimension Requirements Form
IV. Site Plan -Description of Change
V. Review Standards Responses and Procedural Policy
Answers
VI. Homeowner's Approval
Yw
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Old Republic National Title Insurance Company
ALTA COMMITMENT
Our Order No. Q62000148-2
Schedule A Cust. Ref.:
Property Address:
y1 PITKIN WAY ASPEN, CO 81611
1. Effective Date: November 19, 2007 at 5:00 P.M.
2. PoBcy to be lssued,and Proposed Insured:
"TBD" Commitment
Proposed Insured:
TBD
3. The estate or interest in the land described or refersed to in this Commitment and covered herein is:
A Fee Simple
9. Title to the estate or interest covered herein is at the effective date hereof vested in:
PRL PROPERTIES, LLC, A COLORADO LIMITED LIABILITY COMPANY
5. The land referred to in this Commitment is described as follows:
LOT 6, TOGETHER WITH AN UNDIVIDED ONE-SIXTH (1/6) INTEREST IN LOT 7, THE PITKIN
RESERVE, ACCORDING TO THE SECOND AMENDED PLAT RECORDED JUNE 25, 1984 IN PLAT
BOOK 16 AT PAGE 15.
COUNTY OF PITKIN, STATE OF COLORADO.
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ALTA COMMITMENT
Schedule B-1
(Requirements) Our Order No. Q62000148-2
The following are the requirements to be complied with:
Payment to or for the account of the grantors or mortgagors of the full considera0on for the estate or interest to be
insured.
Proper instmment(s) creating the estate or interest to be insured must be executed and duly filed for record, to-wit
THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED
PURSUANT HERETO.
NOTE: ADDTTIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE
BUYERS NAMES ARE ADDED TO THIS COMMITMENT. COVERAGES AND/OR CHARGES
REFLECTED HEREIN, IF ANY, ARE SUBJECT TO CHANGE UPON RECEIPT OF THE
CONTRACT TO BUY AND SELL REAL ESTATE AND ANY AMENDMENTS THERETO.
ALTA COMMITMENT
Schedule B-2
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(Exceptions) Our Order No. Q62000148-2
The policy or poBcies to be issued will contain exceptions to the following unless the same are disposed
of to the satisfaction of the Company:
1. Rights or claims of parties in possession no[ shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary Bnes, shortage in area, encroachments, and any facts which a correct survey and
inspection of the premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and
not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or
attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for
value the estate or interest or mortgage thereon covered by this Commitment.
6. Taxes and assessments not yet due or payable and special assessments no[ yet certified to the Treasurer's office.
7. Any unpaid taxes or assessments against said land.
8. Liens for unpaid water and sewer charges, if any.
9. RESERVATIONS AND EXCEPTIONS AS CONTAINED IN THE FOLLOWING UNITED STATES
PATENTS; RECORDED MARCH 28, 1890 IN BOOK 55 AT PAGE 477, MAY 3, 1892 IN
BOOK 55 AT PAGE 24, AUGUST 17, 1889 IN BOOK 55 AT PAGE 5, JUNE 28, 1905 IN
BOOK 136 AT PAGE 333, APRIL 27, 1923 IN BOOK 136 AT PAGE 409 AND MARCH 23,
1960 IN BOOK 190 AT PAGE 189.
10. EASEMENTS AS SHOWN UPON THE PLAT OF PITKIN GREEN SUBDNISION FOR UTILITIES
AND PRIVATE ROADS RECORDED IN DITCH BOOK 2A AT PAGE 244 AND IN DITCH BOOK
2A AT PAGE 249.
NOTE: APPLIES TO LOT 7, PITKIN RESERVE.
11. EASEMENTS AS SET FORTH IN INSTRUMENT RECORDED AUGUST 28, 1957 IN BOOK 182
AT PAGE 220 AND INSTRUMENT RECORDED AUGUST 28, 1957 IN BOOK 182 AT PAGE
217.
NOTE: APPLIES TO LOT 7. PITKIN RESERVE.
12. TERMS, CONDITIONS AND PROVISIONS OF GRANT OF EASEMENT RECORDED APRIL 24,
1972 IN BOOK 262 AT PAGE 916.
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ALTA COMMITMENT
Schedule B-2
(Exceptions) Our Order No. Q62000145-2
The poBcy or poBcies to be issued will contain exceptions to the following unless the same are disposed
of to the satisfaction of the Company:
13. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AGREEMENT RECORDED DECEMBER
29, 1972 IN BOOK 270 AT PAGE 381.
14. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION N0. 80-112 RECORDED DECEMBER
03, 1980 IN BOOK 400 AT PAGE 859 AND RESOLUTION N0. 81-98 RECORDED
11031981 IN BOOK 416 AT PAGE 827.
15. TERMS, CONDITIONS AND PROVISIONS OF AMENDMENT TO AGREEMENT RECORDED JUNE
09. 1981 IN BOOK 409 AT PAGE 559.
16. COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS, OBLIGATIONS, TERMS AND
OTHER MATTERS AS SET FORTH IN THE PUD AND SUBDIVISION AGREEMENT FOR THE
PITKIN RESERVE RECORDED MARCH 11, 1982 IN BOOK 423 AT PAGE 417 AND SECOND
AMENDMENT RECORDED JUNE 29, 1984 IN BOOK 468 AT PAGE 853.
17. EASEMENTS, RIGHTS OF WAY AND ALL OTHER MATTERS AS DISCLOSED ON PITKIN
RESERVE ANNEXATION PLAT RECORDED APRIL 2, 1982 IN PLAT BOOK 13 AT PAGE
19.
18. TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE# 67 (SERIES OF 1981) RECORDED
APRIL 02, 1982 IN BOOK 424 AT PAGE 537.
19. EASEMENTS, RIGHTS OF WAY AND ALL MATTERS AS DISCLOSED ON PLAT MAP OF
SUBJECT PROPERTY RECORDED MARCH 11, 1982 IN PLAT BOOK 12 AT PAGE 91 AND
SECOND AMENDED PLAT RECORDED JUNE 25, 1984 IN PLAT BOOK 16 AT PAGE 15 AND
1041 HAZARD REVIEW PLAT RECORDED IN BOOK 22 AT PAGE 57.
20. ANY AND ALL WATER RIGHTS, DITCH AND DITCH RIGHTS APPURTENANT TO OR USED IN
CONJUNCTION WITH SAID PROPERTY INCLUDING BUT NOT LIMITED TO THE DUROUX
DITCH, SALVATION DITCH, WELLS AND PIPELINES LOCATED ON OR USED WITH THE
AFORESAID PROPERTY INCLUDING ANY RIGHT TO THE PITKIN GREEN ASSOCIATION
RESERVED IN THE TRUST CREATED IN BOOK 182 AT PAGE 220 AS CONVEYED BY
PITKIN LTD., TO THE CITY OF ASPEN IN DEED RECORDED JANUARY 14, 1982 IN
BOOK 419 AT PAGE 837.
21. PROTECTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE,
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ALTA COMMITMENT
Schedule B-2
(Exceptions) Our Order No. Q62000148-2
The policy or poBcies to be issued will contain exceptions to the following unless the same are disposed
of to the satisfaction of the Company:
BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE,
COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL
STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF
INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE
EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW,
AS CONTAINED IN INSTRUMENT RECORDED JUNE 05, 1985, IN BOOK 487 AT PAGE 183
AND FIRST AMENDMENT TO DECLARATION OF PITKIN RESERVE RECORDED FEBRUARY 12,
2004 UNDER RECEPTION NO. 494494.
22. TERMS, CONDITIONS AND PROVISIONS OF CONFIRMATION OF DEDICATED TRAIL
EASEMENT RECORDED JUNE 05, 1985 IN BOOK 487 AT PAGE 204.
23. TERMS, CONDITIONS AND PROVISIONS OF RELOCATION OF WAY OF ACCESS RECORDED IN
BOOK 557 AT PAGE 837 AND RE-RECORDED IN BOOK 567 AT PAGE 791.
24. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT AND GRANT OF EASEMENT
RECORDED NOVEMBER 17, 1989 IN BOOK 607 AT PAGE 806 AND RE-RECORDED
DECEMBER 14, 1989 IN BOOK 609 AT PAGE 874 AND APPROVAL AND RELEASE OF
RESTRICTION IN AGREEMENT AND GRANT OF EASEMENT RECORDED JANUARY 17, 1992
IN BOOK 667 AT PAGE 53.
25. TERMS, CONDITIONS AND PROVISIONS OF LETTER RECORDED JANUARY 17, 1992 IN
BOOK 667 AT PAGE 61.
26. ALL MATTERS AS DISCLOSED BY SURVEY OF ALPINE SURVEYS DATED DECEMBER 2,
2003 AS JOB# 91-75 AS SHOWN IN DEED RECORDED DECEMBER 3, 2003 UNDER
RECEPTION NO. 492001.
27. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AGREEMENT RECORDED NOVEMBER
13, 2007 AT RECEPTION N0. 549013.
28. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED JULY 05, 2007 AT
RECEPTION N0. 539642.
29. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED JULY 05, 2007 AT
RECEPTION NO. 539641.
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ALTA COMMITMENT
Schedule B-2
(Exceptions) Our Order No. Q62000148-2
The policy or policies to be issued wiB contain exceptions to the following unless the same aze disposed
of to the satisfaction of the Company:
30. EASEMENTS, RIGHTS OF WAY AND ALL OTHER MATTERS AS DISCLOSED ON SURVEY
RECORDED NOVEMBER 13, 2007 IN PLAT BOOK 85 AT PAGE 56.
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LAND TITLE GUARANTEE COMPANY and LAND TITLE GUARANTEE COMPANY -GRAND JUNCTION
DISCLOSURE STATEMENTS
Note: Pursuant to CRS 10-11-122, notice is hereby given that:
A) The subject real property may be located in a special taxing district.
B) A Cerilflcate of Taxes Due listing each taxing jurisdiction may be obtained from the County
Treasurer's authorized agent.
C) The information regazding special districts and the boundaries of such disUic[s may be obtained from
the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor.
Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing
in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom
margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that
does no[ conform, except that, the requirement for the top margin shall not apply to documents using forms
on which space is provided for recording or filing information at the [op mazgin of the document.
Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every
title entity shall be responsible for all matters which appear of record prior to the time of recording
whenever the title entity conducts the closing and is responsible for recording or filing of legal
documents resulting from the transaction which was closed". Provided that Land Title Guarantee
Company conducts the closing of the insured transaction and is responsible for recording the
legal documents from the transaction, exception number 5 will not appear on the Owner's Title
Policy and the Lenders Policy when issued.
Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion
of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be
issued) upon compliance with the following conditions:
A) The land described in Schedule A of this commitment must be a single family residence which
includes a condominium or townhouse unit.
B) No labor or materials have been furnished by mechanics or material-men for purposes of
construction on the land described in Schedule A of this Commitment within the past 6 months.
C) The Company must receive an appropriate affidavit indemnifying the Company against un-filed
mechanic's and material-men's liens.
D) The Company must receive payment of the appropriate premium.
E) If there has been construction, improvements or major repairs undertaken on the property to be purchased
within six months prior to the Date of the Commitment, the requirements to obtain coverage
for unrecorded liens will include: disclosure of certain consWCtion information; financial information
as to the seller, the builder and or the contractor; payment of the appropriate premium fully
executed Indemnity Agreements satisfactory to the company, and, any additional requirements
as may be necessary after an examination of the aforesaid information by the Company.
No coverage will be given under any circumstances for labor or material for which the insured
has contracted for or agreed to pay.
Note: Pursuant to CRS 10-11-123, notice is hereby given:
This notice applies to owner's policy commitments containing a mineral severance instrument
exception, or exceptions, in Schedule B, Section 2.
A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise
conveyed from the surface estate and that there is a substantial likelihood that a third party
holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and
B) That such mineral estate may include the right to enter and use the property without the
surface owner's permission.
Nothing herein contained will be deemed to obligate the company to provide any of the coverages
referred to herein unless the above conditions are fully satisfied.
Fozm DISC[C6URE 09/01/02
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JOINT NOTICE OF PRIVACY POLICY OF
LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY -GRAND JUNCTION,
LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE
COMPANY
This Statement is provided to you as a customer of Land Title Guarantee Company and Meridian Land Title,
LLC, as agents for Land Title Insurance Corporation and Old Republic National Title Insurance Company.
We want you to know that we recognize and respect your privacy expectations and the requirements of federal
and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your
trust and confidence is the bedrock of our business. We maintain and regularly review internal and external
safeguards against unauthorized access to non-public personal information ("Personal Information").
In the course of our business, we may collect Personal Information about you from:
* applications or other forms we receive from you, including communications sent through TMX, our
web-based Vansaction management system;
* your Vansachons with, or from the services being performed by, us, our affiliates, or others;
* a consumer reporting agency, if such information is provided to us in connection with your transaction;
and
* the public records maintained by governmental entities that we either obtain directly from those entities,
or from our affiliates and non-affiliates.
Our policies regarding the protection of the confidentiality and security of your Personal Information are as
follows:
* We restrict access to all Personal Information about you to those employees who need to know that
information in order [o provide products and services to you.
* We maintain physical, elecVonic and procedural safeguards that comply with federal standards to
protect your Personal Information from unauthorized access or intrusion.
* Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary
action.
* We regularly access security standards and procedures to protect against unauthorized access to Personal
Information.
WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR
ANY PURPOSE THAT IS NOT PERMITTED BY LAW.
Consistent with applicable privacy laws, there are some situations in which Personal Information may be
disclosed. We may disclose your Personal Information when you direct or give us permission; when we are
required by law to do so, far example, if we are served a subpoena; or when we suspect fraudulent or
criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable
privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement,
transaction or relationship with you.
Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our
privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American
Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court
having jurisdiction thereof.
Farm PRN.EUL.ORT
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~ CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
.. Aereement for Payment of City of Aspen Development Aoolication Fees
• CITY OF ASPEN (hereinafter CITY) and P2 I- P4.0 P~~ E S, LL.G _
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APPLI NT has submitted to CITY an application for
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(hereinafter, THE PROJECT).
^.
It 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000)
establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent
^ to a determination of application completeness.
r 3. APPLICANT and CITY agree that because of the size, nature or swpe of the proposed project, it
is not possible a[ this time to ascertain the full extent of the costs involved in processing the application.
... APPLICANT and CITY further agree that it is in the interest of the parries that APPLICANT make payment of an
initial deposit and to thereafter permit additional costs to be billed [o APPLICANT on a monthly basis.
~" APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he
will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the
^ CITY when they are necessary as costs are incurred. CITY agrees i[ will be benefited through the greater certainty
of recovering its full costs to process APPLICANT'S application.
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4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete
^ processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning
"„ Commission and/or City Council to make legally required findings for project consideration, unless current billings
are paid in full prior to decision.
T 5. Therefore, APPLICANT agrees [hat in consideration of [he CITY's waiver of its right to collect
r. full fees prior [ a/~dyAe~termination of application completeness, APPLICANT shall pay an initial deposit in [he
amount of $ V which is for _ hours of Community Development staff time, and if actual
recorded costs-exceed the mi[ial deposit, APPLICANT shall pay additional monthly billings [o CITY to reimburse
the CITY for the processing of the application mentioned above, including post approval review at a rate of $235.00
~' per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date.
APPLICANT further agrees that failure [o pay such accrued costs shall be grounds for suspension of processing, and
"'• in no case will building permits be issued until all costs associated with case processing have been paid.
`~ CITY OF ASPEN APPLICANT
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By:
„~ Chris Bendon
Community Development Director
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By;__~/ll~c-~I•e.( S. f~1oR~A-r-1
Date: lf• 2 3 • Zoo?
Bill T~o7M~ailing Address and Telephone Number:
~ 10~ ~o S, ler c~ Idcc/ertd~e„
(-{v v s tn.~ ~ eat.4 s -~ 7o S 1
X13. 361•'7z.3~
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ASPEN COMMUNITY DEVELOPMENT
2007 LAND USE APPLICATION FEES
CATEGORY HOURSDEPOSTT
Major 12 2,820.00
Minor 6 1,410.00
Staff Approvals ~ 7p5,pQ
Flat Fee
Board of Adjustment
Appeals of adverse board and administration 3
Historic Designation
Exempt HPC
Certificate of No Negative Effec[
Minor Development
Certificate of Appropriateness
Significant HPC <1000 sq. fr.
Significant HPC > 1000 sq. ft. 1
Demolition, Partial Demolition, Relocation
Insubstantial Amendment to an approved
Certificate of Appropriateness
Substantial Amendment to an approved
Certificate of Appropriateness
HPC Appeals ,
Development Order Recordation Fee
Land Use Code Interpretations
Appeals of Land Use Code Interpretations
Referral Fees -Environmental Health
Major
Referral Fees -Housing
Major
Minor '
Referral Fees -City Engineer
Major
Minor
705.00
3 705.00
6 1,4100.00
2 2,820.00
2,820.00
0.00
675.00
3 705.00
40.00
50.00
3 705.00
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FLAT FEE
560.00
265.00
0.00
0.00
235.00
391.00
391.00
204.00
391.00
Hourly Rate 235.00
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Project:
Applicant:
Location:
Zone District: V 0
Lot Size: 3 6~~f- 8
Lot Area:
(for the purposes of calculating Floor Area, Lot Area may be reduced for azeas
within the high water mark, easements, and steep slopes. Please refer to the
definition of Lot Area in the Municipal Code.)
Commercial net leasable : Existing: Proposed.•
Number of residential units: Existing: Proposed: /
,,, Number of bedrooms: Existing: Proposed.• ~
Proposed % of demolition (Historic properties only):
.. DIMENSIONS:
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Floor Area:
Existing.• -" /
Allowable: 6~7L'~{ Proposed: 6i ~~5• ~/
Principal bldg. height: Existing.• Allowable: ZS Proposed: ZS
Access. bldg. height: Existing.• ~-' Allowable: Z/,A Proposed:
On-Site parking: Existing: '" Required.' Proposed:
Site coverage: Existing.' Required: N~/{ Proposed.'
,.,, % Open Space: Existing.' '-' Required.' ~/hProposed:
Front Setback: Existing: Required: Proposed:
_. Rear Setback: Existing. Required.' Proposed:
. Combined F/R: Existing: Required: Proposed.
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Side Setback:
Existing:
Required.' Proposed.'
Side Setback: Existing.' Required: Proposed:
.. Combined Sides: Existing: Required: Proposed.', t
w Distance Between Existing N A Required: Proposed:
.. Buildings
Existing non-conformit ies or encroachments:
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uested:
Variations re
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ATTACHMENT3
DIMENSIONAL REQUIREMENTS FORM
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APPLICANT:
ATTACHMENT 2-LAND USE APPLICATION
Name: PRL Pra fer~tesr Lt.L
Location: t}-Z P~f(c<n 6>JaN r Lot G, ~, P;~~crn IQeservC
(Indicate street address lot & block number legal description where appropriate)
Pazcel ID # (REQUIRED)
1(EPRESENTATIVE:
Name: Clint- To~.nSvn ,New ~ertt~CannP r~rtct+r r~ct'S
Address: '7 O p ~ I ~ ~` ~ ~ r Te,~u S '7 '7 o O l3
Phone #: 7 13 •$ G 2• 7 4 9 Z e.~. F J$
PROJECT:
Name: ~Q -~l~y ~H.. e S ~ o~e r(ct - p 5 oenl
Address: 2 i T C ~N W A*-~ Q f pe Ni Co ~o ru p(o ~ i 6
Phone #: ~J 13 3 (o I ' 72.3 I tt F(yI ; ~ (c2 Mot' r-r`
TYPE OF APPLICATION: (please check all that apply):
^ Conditional Use
^ Special Review
^ Design Review Appeal
^ GMQS Allotment
^ GMQS Exemption
^ ESA - 8040 Greenline, Stream
Margin, Hallam Lake Bluff,
Mountain View Plane
^ Lot Split
^ Conceptual PUD
Final PUD (& PUD Amendment)
^ Conceptual SPA
^ Final SPA (& SPA Amendment)
^ Subdivision
^ Subdivision Exemption (includes
condominiumization)
^ Temporary Use
^ Conceptual Historic Devt.
^ Final Historic Development
^ Minor Historic Devt.
^ Historic Demolition
^ Historic Designation
^ Small Lodge Conversion/
Expansion
^ Other:
N:XISTING CONDITIONS: (description of existing buildings uses previous approvals etc )
'ItoeoSAL: (description of proposed buildings uses modifications etc )
f3~0 G- ~~~-vPE A0 7VSTnfL--TJT'
Have you attached the following? FEES DUE: $ 90 9 K •
^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
All plans that are larger than 8.5" x 11"must be folded and a Floppy disk with an electronic copy of all written
text (Microsoft Word Format) must be submitted as part of the application.