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HomeMy WebLinkAboutLand Use Case.42 Pitkin Way.0072.2009.ASLU ~~ a ~~ i ~~ 0 N C ~r~( \e/ \; ~p~`1C \f S ~~ ~O~ ~~ ~~~~~ Q W E-+ E-~ d a ~ry ry~ ~~ ~~ _ i I v ~ 4 ~^0~ ' ~P / ~~ 4J~ / ~ i [.~ O a ,~ ~~~~~^. ~~~~ 8. ~ ~~0a ~ ~, ~s ~ , ~ ~~ %~ ~ ~ ~~ ~ ~ ~ N \ a~ \ ~ ~s \ \\ n 0 n N W K " ,Vn/ 1-1 7 N F O z H Q U W O ~ a Q z ~ ~ a z ~ ~ w ~ ~ ~ w ~ ~ z ~ ~ Q z w ~ ~ Q O 2 m m o o ~ w ~ w H z Z Z ~ w w (~ ~ u z z `n a ~ Q _ Q _ Q [L w W J -1 Q v~ ~ ~ ~ ~ ~ ~ CQ CQ (L ti ~ F-. 4 ~~ Z a J a~ W M F- u N r 0 L ~ N W ~Om.r p $°~~~ p~ fV N N ~O ~D ~~.i waoU W ~ H H N ~~~~~ °``~ a ~~ U~ ~ u W ~i = U ~~ a ~` `.. ~NEWBERRYCAMPA ARCHITECTS -...... _.._ w ~~ f....71i.862.7992 I RM Eul 19th Ave. "" /.._7n.862.7911 ROYltOn TX 77008 wwvNEWBERRYGMPAconi 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. r Project Managment - 11-28-07 -Building Envelope RequesLdoc Page I of 2 r--1 ~~ ,,,, 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 a w ~, .. ~~ w~M \. y' !..! ~'f 124 ~ ~}~ MI ~O ~ l 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 .. s r r ... .n. • r w .. r r.. -~,, ~ • e .! i i ~ .,~ a.... _....._.... 3,~ ` ~~~ ~b/ ~ ~ ~~ / /~,~ r 6' { ~~ ~ ~ Q ~ ~yy '-~~~ 1'"'/f(\ ,~ / _ °~ a ~ ~/ 1 f ~~,'~~ / ~ i ~~, ®~ .' i i ,/ _~ i .. . ...A7i• /fin a ~~$l3~~ ~ i ~a~ a ~ ~ i ~~a~bg ~ ~ ~ e ¢ S i ~ i 8 F ! `i ~^ 4 r ~~ r ': ~ a G^ G ~..-~ ~ l ; v~ r -- ~ ~ :~+~.~+ 1 1C~' ~~,r C ~~~ ^`~ b~ f'~ ,` ~,,. < .~ 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 -,~ ~% ~ ~~ ~~ ~~~~ AAAA`~ ~,J, - ~~ FINAL PUD ADJUSTMENT MICHAEL MORGAN 2.1.08 CLOSED BY ANGELA SCOREY ON 1/14/10 1 f 9e Ed Qayd N+MOaLe F¢m pepa[s Fayat Lab tteb _. _.-.__. :91 _,; eX F e~ ~ ~ (r; ~~ ~ .:,~, J • w 1 r N ~ ~ ~ aao i :' S d aa~r; --- 6i MmCiulam Fln44 FYtlueYm [ParcNL -C~vu FroSinmxk SWCamb ~:..L~M~L HNVgyWM' Fmf .'.---_.__. m Paml iype mLL - wen lad Uxe Pymtp ]z.zm].Axu , Addm J AMSuIe~- y Clp' F£N S~t10~W J ?•-0 1611 J Pami ldombEOn _. _ - - _. _. G Mem Pamt~J naW Oueue wa] py~ Lzlo3lzm] G AalaU ~ ~ 61a1w ~ - +bpa,+d ~ J _.p I' Dearpion FlNAL R1D. BlAGENVELO~EADJU6iMENi lawpr-J Fnd~J SiMULed MICHAEL MDPGAN ]13361 ~]Zil Ebck Pivvig Dye Eiaim LLR]IZUn J Lep Name FACI9iilE5, LLC ~ FvN Nms~ 56W 60UTH HICE AVE Phan p13~B1T15II NDUSTDN iX ]]WI p Dew bFypkmO ~ AmECVt -.__. _ _ _ _.. __ _ i L~Nym PRCKRi~S, LLC J FiM Nem~ SBO650UiH HI[EAK Phone ~]13~BI]~]511 Cupp 2e01] -~ HDU6]DN TX ]]LU1 Lady .. __ _ 1 LMName~J F:si Name ~ Rwl \~ CJ \~~ r~~~ V _ ~~ 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 T t l F ATTN CITY CLERK Counter o a 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 t 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 0 Search Items 0 Miscellaneous Items file://C:\Program Files\RecordingModule\default.htm 2/5/2008 ,.. ...~ 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: ~.+'~~ ', c~ °i i...! t, i~ ., 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. z n C~ x ~i ~~ ~~ b 5 ~; ; ~ ~~~a .e ~„ w? ~~e e~Nm J //~ o m o ~ a z n ~~~~ ~~~~~ =~1 S~x1 z~aod~ rn~~~p zdzzn ~zG<~ r~~~D --I ~ ~ ~ rn ~ ~ ~ N zz00 ~ ~ CA ~1 rrnrn3 ~rn~D rzz O a rn~ rn -P ~ N ~ ~ ~ ~ UJ~(u~ p~ ~ _p - CPNN~ x ti~ o ,.., 'f ,; :~~ r,, ,.- -:, ;= a ;, ,, ,_~; . .. ,. , N~ g~~ O~~ ~~_ ~r~ ~~3 v_ ~~ m~ rN~ ~~~ rnD ~ ~ ~ ~ ~~ ~ ~ - ~ ~ ~~ ~~ . ~, \\- /9G~~~~\\/\~ea ~ ~ ~~F~`~A~~~ ;`~ b / ~~~, 8 ~: , ~~ z b a y M~ ~lyJ V x C~ ~ ~` ® ~+ * y Mr.D~Lr ExreaPassa. uc €ss~~sE ~ ~~ , ° z ~'~1 MORC~AN RESIDENCE ,~s.:N.NO„a~,;~aX,~ LOf 6 PIMN RESERVE C YNOXO YEN AfEN G0.GRAD0 ~Xx v XneX D 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 < ,. ~ ~ ~ C.. G~ ~'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) -rc : ,SESS~~J- laA~uow H~t~- ~ Fwd ~N~PrtR.r~y cN~6Et T ~ ~L P~t~r~w ul~t~/E. ' t~ PRars~enf is owwrD ~~t f+,k so ~~ Nut Y•o ~c ~„c ~s rye L Cr1A•~K.i~ ~T'. L~r lam- I~~w 1F ~fM~IE .4+~ ~E 'f~1fiM . Grl~t.. Imo.- Qts-3lt~6 ~w Yw ARC RAY. 'T17~I~+JICS~ ~,.,,t~ 11A~-~Y J~lpfi,~ S~~Y ~~ ~~~; ~ 5 zoos CITY OF ASPEN ,.'OMMUNITY DEVELOPMENT ,4: c 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 R~~~ ~,.r~ FEZ COMti"~JiW~Ii ~L,._~r'~nENT ~~ /.~ .~ ~ ~ o \ ~~ \ °u ~\ A W d rc a a ~~o~ H J w f~z~ w oz _J f~~~r ,V~~~O Z Q LL ~p N Q Y ~ ~ N ~ow~ ~jYNJw z-g f-Q~ J S ~ W 0 7` u] s~ppy, ,~ ~~ i. s i f ~y A a. t L+J t.4. 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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 ~^, ..~ 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 --, <_:~ 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~ r., -. w ,. 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: -7 _ ~! Aspen'~City ~ orney F:\Client Files\Aspen\General\easement pitkin reserve lot 6 rev 2 102407.wpd 4 r^~ l 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. A3 ~, --d ~,,; 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. SHEFT t of 2 ~~ , . , ~ I. '! 20.0' WIDE L' _'C'i i .`;- 'cESS r< unurr - _ - `~ VrP~ ~ / - L PER~Lar L NORNTWEST CORNER '~ ~Py ' ~ \ lOT 6 ~ / e` / •,\: ' ~ ~ ,.~ y N 5772'00' W ~ • T •'aj1 ~'M ~i 5.11' ~" , ~ ~ ~ ~ ~ ~~ ~ ~,'~ y916 -~;'~_~ ~°j~ ) i " 20.0' WIDE ACCESS EASEMENT ~0'~j ~ " - ~ " REC. NO. 717314 T ~~,i POINT OF BEGINNING ~ '1~ ~ Y~ ~ I ~^~~ j ,R^ ~ ~ ,~ I LOT 6 y~ ; 2 i / ~ ~ ~ ~roTBEERUA lED ENT PER REC. N0. 151172 ~/ ~~ ~ I ((HATCHED AREA) /J• o ~ ~ i ~ m~ 1 i REALIGNED WATERLINE EASEMENT DESCRIBED THIS DOCUMENT 10 ~ 1~. m ~w '.! ~ / r ~r C` I ~ I I.'.T _ ~ 1O i ~ _~ ~,~ ~ry. o \ ~I NN < ~ %mr , ~ 1 N 1 I '~\~ 6 66 1 rO.~ ~9~ %"~ C11RK TALL[ fLR4E IENCM R.1Lp1$ TAtIOFHi CXglp REIRAC CFLTA CI C)pC CISW N.C1' W).M' N 6pURYp' W 7•.C'CC• Ln ynyLL \ YV LLI. CIVIL CONSULTANTS MAIN STREET, SUITE A3 iNDALE, COLORADO 81623 (970) 704-031) 252R8 ,., ., 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 __ ,-,. ~~N~aS~?J ~H9~JOW . ~-~ ~i > ~ ~ 'I~ ~~~a~J [ ® a s ~ -~ s~ ~~ .`~ ~~` o v~' ~~ ~ ~^ ;: ,~ ~_ ~~ ~ ^ry 'R ~~ ri ._ i ~r iii ~") ^~ +}~ ~ ~ srla.~ i , ~i ~~ ~ ~. ~ ii ~ E & 9 - . R3 3 ~ I ~~~~ ~ ~~ ~ ~ ~~ 4 ~~ ~~~ ~ ~£ k~ ~ ~~ g d ~. d c'j ~' S `f 9 ~ % ~ ~ Is $ jai § @ 3~~ 9 i, ~~ ~~ ~ ,, __ ~ -- ~_ ~~ ~ ~ ' -~ ~ ~ ~ o ~~ v ~ -- i~ ~'~ ~a ~~ ~ F -~'/~ a J ~ 3~ ~` ,~~ ~ ~~ ~~~ i ~~.. 3 N N a LL 0 i ~~~ ~ '° ~',~~ ~€ Ili ~~ ~~~~ i ~ ~ ~~~Y :~ -~~..i. ~` y 1 1 ,t°~~~ ~t ~q9 ~ j Fib j ~ '11-~r ~'~c; i a ~• k= is ~ ~ ~~ ~ ~~`~ nr~i ~ ~{ ! F ~`~ ~t~ ~;~~~ alb j J~ ~ s-, ~ ,4 i . ~~ i / i /i ~,i~ i ~~ ~ i i i i~ i~ i` i i i i i i i i .~ 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' o c~ .. ~. Ir .- r v r A Y~ r V r V The Morgan Residence 42 Pitkin Way Aspen, Colorado R-30-PUD Building Envelope Adjustment .. r it v `. r .- v .• r r. n ~r ~. W V A P' 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 N w ws 1 4/ W Google Image Result for http://«~ww.aspentravels.com/maps/aspen5.gif Page 1 of 1 +-^ See full-size image. Google =~ ; www.aspentravels.com/maps/aspen5.gif i 1698 x 1478 - 200k i Image maybe scaled down and subject to copyright. Below is the image in its original context on the page: www.aspentravels.com/maps/aspen.htm Map of Aspen and Aspen Area ~~1u' ~j .~ >. 4 ~t~i c n~?~ C ~~~i i t "~I(! 'i~~l) E ~I'u ~ E / Image R acnrntravPla nnm/mans/aanenivi£.. 1 1 /26/2007 .. r .. W. YfY .. r .. .. .,. 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. .. ~,. .. ... r r 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 r «.. (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. r r ... .. ». r w 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, i/ r .. ~. .. i 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. .~ ... ~. .. r ,.. r r ~.. ,~... 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. ~, ». ~. ,,. ~.. ..., ... w .. «p 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 «. ... .. ~. w w ~- 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 "' .. ~ 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 ~z ~T kt„ wtw, nor ~ Pt~t.~ R~s~,~~~ ~u~ (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. r 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 .. By: „~ Chris Bendon Community Development Director r ^w r a r \ 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~ r., 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 ^, ,.. FLAT FEE 560.00 265.00 0.00 0.00 235.00 391.00 391.00 204.00 391.00 Hourly Rate 235.00 r W .. ... W r ~~ 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: .. 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. .. 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: w uested: Variations re Q ~ ~ ~* ~ y~~-oP~ Ay ~vpT,ct ~yt-- ,., q .~ r aJ Coin 1 ATTACHMENT3 DIMENSIONAL REQUIREMENTS FORM r~ ,,..~ :.. 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.