HomeMy WebLinkAboutLand Use Case.993 Moore Dr.0035.2010.ASLU THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER 0035.2010.ASLU
PARCEL ID NUMBER 2735 141 11 107
PROJECTS ADDRESS THE MOORE FAMILY PUD
PLANNER SARA ADAMS
CASE DESCRIPTION LOT 7 BLOCK G
REPRESENTATIVE RICH CARR, CCY ARCH
DATE OF FINAL ACTION 11.5.10
CLOSED BY ANGELA SCOREY ON: 11. 19.10
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Last name GREGG —1 First name • MOORE DR
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AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306
ASPEN , LAND USE CODE 'v
ADDRESS OF PROPERTY: i fr ,
Aspen, CO
STATE OF COLORADO )
) ss.
County of Pitkin )
1, CLC 5 coNr-e--‘1 (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) or Section
26.306.0 0 (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 no later than fourteen (14) days
after final approval of a site specific development plan. A copy of the publication is
attached hereto.
Publication of notice: By the publication in the legal notice section of an official paper
or a paper of general circulation in the City of Aspen no later than fifteen (15) days after
an Interpretation has been rendered. A copy of the publication is attached hereto.
` S
Signature
The foregoing "Affidavit of Notice" was acknowledged before me this ) Ss day
of Mn gtM,E22 -(f , 20f0_, by AY \ccjtt 5 <,11J .
iY. ' t, WITNESS MY HAND AND OFFICIAL SEAL t
Pu If: NOTICE
IAA J� v 2� ��
a '•0?, M. ; My c'�, mission expires:
DEVELOPMENT APPROVAL • / r /
Notice is hereby given to the general public of the v'NG : i • I
approval of a site - specific development plan, and ,
,
the creation of Code of t a ve property of As ty right pen a pursuatl Title V y
pursuan to WAD (, •-4
the Lstetl he Ci
24, Article 68, Colorado evised Statut es,
pertai ni ID ng #2]35 to th- 141- 11 e follow-1Oiingg , Leg tleac ally Oascribetl ribetl propPerty / Notary Public
Pars �
Lot 7, Moore Family Planned Unit Development Yaye 03/2 �I
City 0t Aspen, Pitkin County, Colorado. The E1y11Ls 03/29/2014
approval grants an insubstantial amendment to the
Moore Family PUD, Pitkin County Clerk and
Recorder Recordation # 420467. The request is 10
St e uilding vope of LOt Z The change ATTACHMENTS:
is adlu depict b In the lan el use application on 1118 with
the City of Aspen. For further Information contact
Sara Adams at the City of Aspen Community
Development Dept, 130 S. Galena St, Aspen,
Colorado. (970) 429-2778.
City M aspen COPY OF THE PUBLICATION
Published in The Aspen Times Weekly on
November 14,2010. 08078801
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DEVELOPMENT ORDER
City of Aspen
Community Development Department
This Development Order, hereinafter "Order ", is hereby issued pursuant to Section 26.304.070,
"Development Orders ", and Section 26.308.010, "Vested Property Rights ", of the City of Aspen
Municipal Code. This Order allows development of a site - specific development plan pursuant to
the provisions of the land use approvals, described herein. The effective date of this Order shall
also be the initiation date of a three (3) -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 the
change is accomplished or a building permit is approved pursuant to Section 26.304.075, or
unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant
to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full
force and effect, excluding any growth management allotments granted pursuant to Section
26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective
date of this Order.
This Development Order is associated with the property noted below for the site - specific
development plan as described below.
Property Owner's Name, Mailing Address and telephone number:
Jason and Ursula Gregg, 305 Larkspur Lane, Aspen, CO 81611,
tele: 970/319 -3400
Legal Description and Street Address of Subject Property:
Lot 7 of the Moore Family Planned Unit Development, aka 993 Moore Drive Aspen,
Colorado.
Written Description of the Site Specific Plan and /or Attachment Describing Plan:
An Insubstantial Amendment to Moore Family Planned Unit Development to
reconfigure the building envelope on Lot 7.
Land Use Approval Received and Dates:
Administrative approval granted November 3 2010.
Effective Date of Development Order:
November 14 2010. (Same as date of publication of notice of approval.)
Expiration Date of Development Order:
November 14, 2013. (The extension, reinstatement, exemption from expiration and
revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen
Municipal Code.)
Issued this 14 "' day of November 2010, by the City of Aspen Community Development Director.
li ' . --
Chris :
Community Development Director
City of Aspen
--.~-'_--~-.~
Sara Adams
From: Sara Adams
Sent: Monday, November O8,2O1O1U:03AyW
To: Simon Elliot
Subject: FW:
Hi Simon, The recordation # for the envelope adjustment is below. Hope you had a nice weekend, Sara
Sara Adams Senior Planner.
C�^yutt
81 ��l
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fax S70|020543S
VNww.aSp8nhisk}hCpneS8kv*ion C0N
From: Kathy Strickland
Sent: Wednesday, November 03, 2010 12:23 PM
To: Sara Adams
Subject:
11/03/2810 Moore Family PUD Lot 7 bock g bk 95 page 2 574829
Recording information foryour records,
Kathleen Strickland
City of Aspen
Chief Deputy City Clerk, CMC
l30S.Galena
Aspen, Colo. 81611
970'429'2087
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0 1 8 AMENOEDPLATLOT THE MOORE FAMIL BLOCK U
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-
'- riOTICE OF APPROVAL
For an Insubstantial PUD Amendment to Moore Family PUD
Lot 7, aka 993 Moore Drive
Parcel ID No.: 2735- 141 -11 -107.
APPLICANT: Jason and Ursula Gregg
305 Larkspur Lane
Aspen, CO 81611
REPRESENTATIVE: Rich Carr, CCY Architects
228 Midland Avenue
Basalt, CO 81621
SUBJECT & SITE OF
AMENDMENT: Lot 7 of the Moore Family PUD
SUMMARY:
The applicant requests an Insubstantial PUD Amendment to amend the shape of the existing
building envelopes of Lot 7 to maximize solar gain and to move the building envelope onto Tess
steep terrain.
STAFF EVALUATION:
The proposed change to amend the envelope meets the review criteria for an Insubstantial PUD
Amendment (Exhibit A). The change proposed is minimal and does not alter the lot size.
DECISION:
The Community Development Director finds the Administrative Application for an
Insubstantial PUD Amendment as noted above and on Exhibit `A' to be consistent with the
review criteria (Exhibit A) and thereby, APPROVES the request.
APP' e E I BY:
Nth 3 -
Chris endon. Community Development Director Date
Attachment:
Exhibit A: Review Criteria
Page 1 of 2
11.„ BIT `A'
Section 26.445.100 Amendment of PUD development order
A. PUD Insubstantial Amendments.
An insubstantial amendment to an approved development order for a final development
plan may be authorized by the Community Development Director. The following shall
not be considered an insubstantial amendment:
1. A change in the use or character of the development.
There is no change in the use or character of the building.
2. An increase by greater than three percent (3 %) in the overall coverage of structures on
the land.
The there is no increase in coverage.
3. Any amendment that substantially increases trip generation rates of the proposed
development or the demand for public facilities.
Trip generation and demand, for public services will not be impacted by this amendment.
4. A reduction by greater than three percent (3 %) of the approved open space.
There is no change to the open space.
5. A reduction by greater than one percent (I%) of the off - street parking and loading space.
There is no change in the parking /loading space.
6. A reduction in required pavement widths or rights -of -way for streets and easements.
There is no change in the ROW's widths, streets or easements.
7. An increase of greater than two percent (2 %) in the approved gross leasable floor area of
commercial buildings.
There is no gross leasable floor area.
8. An increase by greater than one percent (1 %) in the approved residential density of the
development.
There is no increase in residential density.
9. Any 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.
The change is consistent with the approved use and does not require a dimensional
variation.
Page 2 of 2
Sara Adams
From: Tricia Aragon
Sent: Friday, July 16, 2010 9:23 AM
To: Sara Adams
Subject: Re: envelope adjustment for 993 moore drive (lot 7 of moore pud)
Yes I did look at it. The only question I had was the building envelope corner near the zoom flume easement looks like it is
much closer than the original survey. I understand they are shifting the building envelope but beyond that, the survey of
the corner that is not moving is inconsistent with the original survey. I'm not in the office now but we can go over it on
monday if you like.
Trish
From: Sara Adams
To: Tricia Aragon
Sent: Fri Jul 16 08:24:37 2010
Subject: FW: envelope adjustment for 993 moore drive (lot 7 of moore pud)
Hi Trish, have you had a chance to review this application? Please let me know if you have comments. Thanks! Sara
Sara Adams. Senior Planner.
27
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www .aspenhistoricpreservation.com
From: Sara Adams
Sent: Tuesday, July 13, 2010 11:02 AM
To: Tricia Aragon
Subject: envelope adjustment for 993 moore drive (lot 7 of moore pud)
Hi Trish, Just checking in to see if you have any comments on the envelope adjustment application that I sent to you last
week. It is for Lot 7 in the Moore Family PUD. Please let me know if you have any questions or want to do a site visit.
Thanks! Sara
Sara Adams. Senior Planner.
.; =ry of S: 130 C uth Galena na Sttreet
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THE CITY OF ASPEN
Land Use Application
Determination of Completeness
Date: July 7, 2010
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 0035.2010.ASLU — Lot 7, Moore Family PUD (Envelope
Adjustment). The planner assigned to this case is Sara Adams.
❑ 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:
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.
Th. , You,
Ito
. • • _� L
fifer P e a ) eputy Director
City of Aspen, Community Development Department
For Office Use Only: Qualifying Applications:
Mineral Rights Notice Required SPA PUD COWOP
Yes No 7L Subdivision (creating more than 1 additional lot)
GMQS Allotments Residential Affordable Housing
Yes No C, Commercial E.P.F.
0 0 RECEIVED
JUN 3 0 2010
ATTACHMENT 2 —LAND USE APPLICATION CITY OF ASPEN
PROJECT: y � COMU JNITY DEVELOPMENT
Name: 1a$ 'Po ' I -
Location: l P)Aril' & I - t -e M "jll ' uD dSPeto I
(Indicate street address, lot & block number, legal description where appropriate)
Parcel ID # (REQUIRED) 7 *C /4/ -a- /67
APPLICANT:
Name: JjQ �.� - ' OI4/ , £42 1 A 6161E .I
Address: aoc
Phone #: C 77 6 —
REPRESENTATIVE:
Name: �(� -+-f � J £ Z / mfees sz
Address: 7:2-E5 it-PPG9 /40. »J25O Go. 0/62/
Phone #: 9'7o { 9'27- 4975
TYPE OF APPLICATION: (please check all that apply):
❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use
❑ GMQS Allotment ❑ Final PUD (& PUD Amendment) ❑ Text/Map Amendment
❑ Special Review ❑ Subdivision ❑ Conceptual SPA
❑ ESA - 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Final SPA (& SPA
Margin, Hallam Lake Bluff, condominiumization) Amendment)
Mountain View Plane
❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/
Expansion
❑ Residential Design Variance ❑ Lot Line Adjustment X Other: 4f l�il2
❑ Conditional Use Girt. OS. . 51 #,
EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.)
x// L-67
PROPOSAL: (description of proposed buildings, uses, modifications, etc.)
,4/e', -fl rive ac /4Q //)/5r - )61
Have you attached the following? FEES DUE: $ /7
✓❑ Pre - Application Conference Summary
/,❑ Attachment #1, Signed Fee Agreement
&1 j Response to Attachment #3, Dimensional Requirements Form
Aan Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards
WC 3 -D Model for large project
All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text
(Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an
electronic 3 -D model. Your pre- application conference summary will indicate if you must submit a 3 -D model.
• CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
Agreement for Payment of City of Aspen Development Application Fees
CITY OF ASPEN (hereinafter CITY) and $5 405/.4A Ob er
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT has submitted to CITY an application for
(hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that the City of Aspen has an adopted fee structure for Land
Use applications and the payment of all processing fees is a condition precedent to a determination of application
completeness.
3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it
is not possible at 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 parties that APPLICANT make payment of an
initial deposit and to thereafter permit additional costs to be billed to 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 it will be benefited through the greater certainty
of recovering its full costs to process APPLICANT'S application.
4. CITY and APPLICANT further agree that it -is impracticable for CITY staff to complete
processing or present sufficient information to the Historic Preservation Commission, Planning and Zoning
Commission and/or City Council to enable the Historic Preservation Commission, Planning and Zoning
Commission and/or City Council to make legally required findings for project consideration, unless current billings
are paid in full prior to decision.
5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect
full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the
amount of $ //51 which is for _ e) ) hours of Community Development staff time, and if actual
recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse
the CITY for the processing of the application mentioned above, including post approval review at a rate of $245.00
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 to 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: By: 9
Chris Bendon
Community Development Director Date: 6 ZT /0
Billing Address and Telephone Number:
4 4
Ate, /O. tybi/
4;
CITY OF ASPEN
PRE - APPLICATION CONFERENCE SUMMARY
PLANNER: Sara Adams DATE: 06.22.10
PROJECT: Moore Family PUD, Lot 7, aka 993 Moore Drive
REPRESENTATIVE: Rich Carr, CCY Architects = .- , "".,
970 - 927 -4925, rcarr @ccyarchitects.com
DESCRIPTION: The potential applicant would like to amend the building s F
1 envelope shape on Lot 7 of the Moore Family Planned
Unit Development (PUD) in order to maximize solar gain i :f, ;;.;
and move the building envelope onto less steep slopes. ;, ,,.. ;,,.,
The potential applicant represents that the proposed - a..:. 1 Y
change will not result in a net increase in size of the
building envelope. Changing the shape of the building envelope in a manner that does not
change the size /area of the envelope can be approved administratively.
Lot 7 is part of the Moore Family PUD, and a PUD amendment approval is required to modify
the PUD and allow the alteration of the building envelope. Approval to apply for the
amendment shall be provided by the Homeowner's Association.
Relevant Land Use Code Section(s): 26.304, Common Development Review Procedures
26.445.100.A Amendment of PUD development order
Review by: Staff.
Public Hearing: No.
Referral Agencies: Parks ($212) Engineering ($212).
Planning Fees: $735 deposit for 3 hours (additional hours billed at $225 per hour).
Referral Agency Fees: $424.
Total Deposit: $1,159.
Total Number of Application Copies: 2
To apply, submit the following information:
❑ Total deposit for review of application.
❑ Proof of ownership with payment.
❑ Signed fee agreement.
❑ Applicant's name, address and telephone number in a letter signed by the applicant which states the name,
address and telephone number of the representative authorized to act on behalf of the applicant.
❑ Street address and legal description of the parcel on which development is proposed to occur, consisting of a
current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing
the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and
agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application.
❑ Total deposit for review of the application.
❑ 2 Copies of the complete application packet and maps.
❑ An 81/2" by 11" vicinity map locating the parcel within the City of Aspen.
❑ Site improvement survey including topography and vegetation showing the current status, including all easements
and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado.
(This requirement, or any part thereof, may be waived by the Community Development Department if the project is
determined not to warrant a survey document.)
❑ A written description of the proposal and an explanation in written, graphic, or model form of how the proposed
development complies with the review standards relevant to the development application. Please include existing
conditions as well as proposed.
❑ Copies of prior approvals: existing conditions, recorded final plat map that depicts approved building envelope for
lot 7.
❑ Applications shall be provided in paper format (number of copies noted above) as well as the text only on either of
the following digital formats. Compact Disk (CD)- preferred, Zip Disk or Floppy Disk. Microsoft Word format is
preferred. Text format easily convertible to Word is acceptable.
❑ Applicants are advised that building plans will be required to meet the International Building Code as adopted by
the City of Aspen, the Federal Fair Housing Act, and CRS 9.5.112. Please make sure that your application
submittal addresses these building - related and accessibility regulations. You may contact the Building Department
at 920 -5090 for additional information.
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning,
which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary
does not create a legal or vested right.
CITY OF ASPEN C CITY OF ASPEN
WRETT PAID 9 HRETT PAID
DATE REP NO. D F X30 DATE REP NO.
ilk I nd (- 14-141 )g5k3 mkt 1,7c
Filed for record the ... •._... • ' ........•.• 8 , . +'
tlay ci o'clock M.
RECORDER.
Reception N0.
By DEPUTY.
WARRANTY DEED
THIS DEED, Made on this day of October 31, 2003
between WILLIAM WRIGLEY, IR. RESIDUARY TRUST
of the County of Cook
and State of Illinois
JASON A. GREGG AND URSULA M. GREGG , as Joint Tenants of the Grantor(s), and Y
whose legal address is : .660 MOORE DRIVE ASPEN CO 81611
of the County of PITIEEn and State of Colorado
of the Grantee(s):
WITNESS, That the Grantor(s), for and in consideration of the sum of ( 13,030.000.00 )
on Three Million Fifty Thousand and 00/100 * *a
the receipt and sufficiency of which is hereby acknowledged, has sold and v y these DOLLARS
presents does grant, bargain, sell, convey and confirm unto the Grantee(s), his heirs and assignsforever, the
real property, together with improvements, if any, situate, lying and being in the
PITKIN and State of Colorado, described as follows: County of
LOT 7, BLOCK G, THE MOORE FAMILY PUD, A PLANNED COMMUNITY. ACCORDING TO THE PLAT THEREOF RECORDED
AUGUST 10, 1998 IN PLAT BOOK 45 AT PAGE 81. COUNTY OP PITKIN, STATE OF COLORADO
•
III 0 II III 1 IIIIIIIIIIIll Ell 4906 091O:14R
SILVIA DAVIS PITKIN COUNTY CO R 10.00 0 305.00
i s also known as street number 993 MOORE DRIVE. ASPEN, CO 81611
TOGETHER with all and singular and hereditaments and appurtenances thereto belonging, or in anywise appertaining
and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right
title interest, claim and demand whatsoever of the Grantor(s), either in law or equity, of, in and to the above bargained
premises, with the hereditaments and appurtenances;
TO HAVE AND TO HOLD the said premises above bargained and described with appurtenances, unto the Grantee(s),
his heirs and assigns forever. The Grantor(s), for himself, his heirs and personal representatives, does covenant, grant,
bargain, and agree to and with the Grantee(s), his heirs and assigns, that at the time of the ensealing and delivery
of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible
estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain,
. grants, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other
EXCEPT GENE TAXES AND ASSESSMENTS
THE YEAR 2003 AND SUBSEQUENT YEAS, AND EXCEPT THOSE MATTERS AS
' SET FORTH ON EXHIBIT 'A" ATTACHED HERETO
" The Grantor(s) shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable
possession of the Grantee(s), his heirs and assigns, against all and every person or persons lawfully claiming the whole
or any part thereof. The singular number shall include the plural, and the plural the singular, and the use of any gender •
shall be appticable to all genders.
IN WITNESS WHEREOF the Grantor(s) has executed this deed on the date set forth above.
I N WILLIAM WRIGLEY. JR. RESIDUARY TRUST
B .. ,JR., R STEE
STATE OF ILLINOIS )
County of COOk )ss-
-
490639
TRANSFER DECLARATION RECEIVED 11/03/2003
The foregoing instrument was acknowledged before me on this day of October 31. 2003
•
by WILLIAM WRIGLEY, IR., TRUSTEE OF THE WILLIAM WRIGLEY, IR. RESIDUARY TRUST
My commission expires .YANJ• IS,' -00(p
witness my hand and official seal.
1 /
OFFICIAL S • L 'a-
KIMBERLY reF Ey No a Public
Name end Address of Peon Creating Newly Cr d
ee teLegal De-
1 NOTAMY MUG, y 6T�cul,c,_,A -6 r{pb on (38 -35- 106.5, C.R.S.
Escrow./ 0384865 a riled Return tC
Ti tleN 0384865 ( My Commission n Winn Jan. 1 9'!�'ADB .r ♦ / Art
Form No. 932 Rev 4 -94. WARRANTY DEED (Photographic Record WO OPEN) t v L �e ' ! /y �/ yr� o
71�Jr.yco.?76i/
BIM lig 111111 I II 490639 031a 14A
SILVIR DAVIS PITKZN COUNTY CO R 16.00 0 305.00
EXHIBIT A
RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE
THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE
PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 06, 1890,
IN BOOK 55 AT PAGE 9, RECORDED JANUARY 19, 1892 IN BOOK 55 AT PAGE
20, RECORDED NOVEMBER 29, 1892 IN BOOK 55 AT PAGE 34, AND RECORDED
AUGUST 26, 1911 IN BOOK 55 AT PAGE 191
TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS AND RESTRICTIONS AS
CONTAINED IN RESOLUTIONS BY THE BOARD OF COUNTY COMMISSIONERS OF
PITKIN COUNTY, COLORADO, RECORDED AS FOLLOWS;
A. RESOLUTION NO. 95 -9 RECORDED FEBRUARY 15, 1995 IN BOOK 774 AT PAGE
50.
B. RESOLUTION NO. 95 -173 RECORDED OCTOBER 27, 1995 IN BOOK 797 AT PAGE
922
C. RESOLUTION NO. 95 -30 RECORDED NOVEMBER 9, 1995 IN BOOK 799 AT PAGE
150 AND RECORDED OCTOBER 25, 1996 UNDER RECEPTION NO. 398334.
D. RESOLUTION NO. 97 -75 RECORDED MAY 8, 1997 UNDER RECEPTION NO.
404234.
E. ORDINANCE NO. 97 -13 RECORDED JUNE 10, 1997 UNDER RECEPTION NO.
405216.
P. RESOLUTION NO. 98 -57 RECORDED APRIL 7, 1998 UNDER RECEPTION NO.
415352.
TERMS. CONDITIONS, AND PROVISIONS OF SUBDIVIDER'S AGREEMENT RECORDED
AUGUST 10, 1998, UNDER RECEPTION NO. 420468.
RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER
CLAUSE, AS CONTAINED IN MASTER DECLARATION OF COVENANTS, CONDITIONS,
AND RESTRICTIONS FOR THE MOORE FAMILY PUD, A PLANNED COMMUNITY,
RECORDED AUGUST 10, 1998 UNDER RECEPTION NO. 420466.
DESIGNATION OF SUCCESSOR AND ASSIGNS OF DECLARANT RIGHTS RECORDED
AUGUST 11, 1998 UNDER RECEPTION NO. 420552.
EASEMENTS, RIGHTS OF WAY AND OTHER MATTERS AS SET FORTH ON THE PLAT OF
THE MOORE FAMILY P.U.D., A PLANNED COMMUNITY, RECORDED AUGUST 10,
1998 IN PLAT BOOK 45 AT PAGE 81.
TERMS. CONDITIONS AND PROVISIONS OF MASTER DEED RESTRICTIONS FOR
AFFORDABLE HOUSING RECORDED AUGUST 11, 1998 UNDER RECEPTION NO.
420489.
TERMS, CONDITIONS AND PROVISIONS OF MOORE PUD PLANNED UNIT DEVELOPMENT
GUIDE RECORDED AUGUST 10, 1998 UNDER RECEPTION NO. 420467.
•
I 0049 0e: :,
9 ia
0 305.00
EXIIIBIT A (Continued)
TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE NO. 20, SERIES OF 1997,
RECORDED AUGUST I I, 1998 UNDER RECEPTION NO. 420479.
TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 98 -40 RECORDED
AUGUST 11, 1998 UNDER RECEPTION NO. 420480.
TERMS, CONDITIONS, PROVISIONS, EASEMENTS AND RIGHTS OF WAY AS SET
FORTH IN CITY OF ASPEN WATER SERVICE AGREEMENT AND ADDENDUM THERETO
RECORDED AUGUST 11, 1998 UNDER RECEPTION NO. 420481 AND RECORDED
AUGUST 11, 1998 UNDER RECEPTION NO. 420482.
TERMS, CONDITIONS, PROVISIONS, EASEMENTS AND RIGHTS OF WAY AS SET
FORTH IN CITY OF ASPEN RAW WATER AGREEMENT RECORDED AUGUST 11, 1998
UNDER RECEPTION NO. 420485.
TERMS, CONDITIONS, PROVISIONS, EASEMENTS AND RIGHTS OF WAY AS SET
FORTH IN CITY OF ASPEN PRETAPPING AGREEMENT RECORDED AUGUST II. 1998
UNDER RECEPTION NO. 420486.
TERMS, CONDITIONS, PROVISIONS, EASEMENTS AND RIGHTS OF WAY AS SET
FORTH IN COLLECTION SYSTEM AGREEMENT RECORDED AUGUST 11, 1998 UNDER
RECEPTION NO. 420487.
TERMS, CONDITIONS, PROVISIONS, EASEMENTS AND RIGHTS OF WAY AS SET
FORTH IN CITY OF ASPEN PRECONNECTION AGREEMENT RECORDED AUGUST 11,
1998 UNDER RECEPTION NO. 420488.
MEMORANDUM OF UNDERSTANDING BETWEEN THE JAMES E. MOORE FAMILY
PARTNERSHIP, LLLP, AND ASPEN SCHOOL DISTRICT REGARDING AFFORDABLE
HOUSING RECORDED AUGUST 11, 1998 UNDER RECEPTION NO. 420491.
EASEMENT AGREEMENT (UTILITY AND DRAINAGE) BETWEEN THE JAMES E. MOORE
FAMILY PARTNERSHIP, LLLP, AND THE ASPEN SCHOOL DISTRICT RECORDED
AUGUST 11, 1998 UNDER RECEPTION NO. 420477.
EASEMENT FOR WATER LINES AND RELATED PURPOSES GRANTED BY THE JAMES E.
MOORE FAMILY PARTNERSHIP, LLLP, TO THE CITY OF ASPEN, RECORDED AUGUST
II, 1998 UNDER RECEPTION NO. 420478.
TERMS, CONDITIONS AND PROVISIONS OF TRENCH, CONDUIT AND VAULT
AGREEMENT RECORDED January 11, 1999 AT RECEPTION NO. 426420,
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I ,
F * SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE
* >t B AND THE CONDITIONS AND STIPULATIONS,
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY a Minnesota corporation, herein called the Company,
Insures, as of Date of Policy shown in Schedule A against loss or damage, not exceeding the Amount of Insurance stated in Schedule A sustained or incurred by the
Insured by reason of
1 Title to the estate or Interest described in Schedule A being vested other than as stated therein,
2 Any defect in or hen or encumbrance on the title,
3 Unmarketability of the title,
4 Lack of a right of access to and from the land
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title as insured, but only to the extent provided in the Conditions
and Stipulations
IN WITNESS WHEREOF, the said Old Republic National Title Insurance Company has caused its corporate name and seal to be hei eunto affixed by its duly
authorized officers as of the date shown in Schedule A, the policyto be valid when countersigned by an authorized officer or agent of the Company
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys fees or expenses
which anse by reason of
1 (a) Any law, ordinance or governmental regulation (including, but not limited to building and zoning laws, ordinances or regulations) restricting regulating,
prohibiting or relating to (I) the occupancy, use, or enjoyment of the land, (i) the character, dimensions or location of any Improvement now or hereafter
erected on the land, (iu) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part or (iv)
environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent thata notice of the
enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the
public records at Date of Policy
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect lien or
encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Dale of Policy
2 Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy but not excluding from coverage any
taking which has occurred poor to Date of Policy which would be binding on the rights of a purchaser for value without knowiedga
3 Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed or agreed to by the insured claimant,
(b) not known to the Company not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the
Company by the insured claimant prior to the date the insured claimant became an insured under this policy,
lc) resulting in no loss or damage to the insured claimant,
(d) attaching or creating subsequent to Date of Policy, or
(el resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy
4 Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal
bankruptcy, state insolvency, or similar creditors' rights laws, thetas based on
(a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer or
(b) the transaction creating the estate or interest Insured by this policy being deemed a preferential transfer except where the preferential transfer results
from the failure
(i) to timely record the instrument of transfer, or
(11) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor
Issued through the Office of OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
A Stock Company
LAND TITLE GUARANTEE COMPANY 400 Second Avenue South Minneapolis, Minnesota 55401
817 COLORADO AVENUE (612) 371 1711
SUITE 20a
GLENWOOD SPRINGS, COLORADO 81802
10 Q 'a+7.`SiY�r
f / By /,P ! President
AuthorrzedSrgnatoy * y— n ' � --
Artesr ^�° ,,, f �� -- — Secretary
UT Form 4020 -OLIO dWOei sPaLCy 10 17 92 !/ 'h ,, tN�
CONDITIONS AND STIPULATIONS or interest as insured, but only as to those stated causes of action alleging a
defect, lien or encumbrance or other matter insured against by this policy The
i Definition of Terms Company shall have the right to select counsel of its choice (subject to the right
The following terms when used in this policy mean of the Insured to object for reasonable cause) to represent the insured as to
(a) "Insured' the insured named in Schedule A and, subject to any those stated causes of action and shall not be liable for and will not pay the
rights or defenses the Company would have had against the named insured, fees of any other counsel The Company will not pay any fees, costs or
those who succeed to the interest of the named insured by operation of law as expenses Incurred by the insured in the defense of those causes of action which
distinguished from purchase including, but not limited to, heirs, distriburees, allege matters not Insured against by this policy
devisees, survivors personal representatives, next of kin, or corporate or )b) The Company shall have the nght at its own cost, to institute and
fiduciary successors prosecute any action or proceeding or to do any other act which in Its opinion
(b) "insured claimant" an insured claiming loss or damage may be necessary or desirable to establish the tale to the estate or interest as
(c) "knowledge" or "known" actual knowledge, not constructive insured, or to prevent or reduce loss or damage to the insured The Company
knowledge or notice which may be imputed to an insured by reason of the may take any appropriate action under the terms of this policy, whether or not it
public records as defined in this policy or any other records which impart shall be liable hereunder, and shall not thereby concede liability or waive any
constructive notice of matters affecting the and
(d) "land" the land described or referred to In Schedule A. and provision
aph , ithis sha ll policy If the Company shall exercise its rights under this
paragraph, it shall do so diligently
improvements affixed thereto which by law constitute real property The term (c) Whenever the Company shall have brought an action or interposed a
"land" does not include any prapeny beyond the lines of the area described or defense as required or permuted by the provisions of this policy the Company
referred to in Schedule A, nor any right title, Interest estate or easement in may pursue any litigation to final determination by a court of competent
abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing jurisdiction and expressly reserves the right in Its sole discretion, to appeal
herein shall modify or limit the extent to which a right of access to and from the from any adverse judgment or order
land is insured by this policy (d) In all cases where this policy permits or requires the Company to
(el "mortgage" mortgage, deed of trust, trust deed or other prosecute or provide for the defense of any action or proceeding the insured
security instrument shall secure to the Company the right to so prosecute or provide defense in
(1) "public records" records established under state statutes at Date of the action or proceeding and all appeals therein and permit the Company to
Policy for the purpose of imparting constructive notice of matters relating to real use, at its option, the name of the insured for this purpose Whenever
property to purchasers for value and without knowledge With respect to requested by the Company, the insured, at the Company's expense, shall give
Section 1(a)(iv) of the Exclusions from Coverage, "public records" shall also the Company all reasonable aid (i) in any action or proceeding securing
include environmental protection liens filed in the records of the clerk of the evidence, obtaining witnesses, prosecuting or defending the action or
United States Distnct Court for the district in which the and is located proceeding, or effecting settlement, and (el in any other lawlul act which in
(g) "unmarketability of the title" an alleged or apparent matter the opinion of the Company may be necessary or desirable to establish the
affecting the title to the land, not excluded or excepted from coverage, which title to the estate or interest as Insured If the Company is prejudiced by the
would entitle a purchaser of the estate or interest descnbed In Schedule A to he failure of the insured to furnish the required cooperation, the Company's
released from the obligation to purchase by virtue of a contractual condition obligations to the insured under the policy shall terminate, including any
requiring the delivery of marketable title liability or obligation to defend, prosecute, or continue any litigation with
2 Continuation of Insurance After Conveyance of Title regard to the matter nr matters requiring such cooperation
The coverage of this policy shall continue In force as of Date of Policy in 5 Proof of Loss or Damage
favor of an insured only so long as the insured retains an estate ar interest in In addition to and after the notices required under Section 3 of these
the land, or holds an indebtedness secured by a purchase money mortgage Conditions and Stipulations have been provided the Company, a proof of loss or
given by a purchaser from the Insured, or only so long as the insured shall have damage signed and sworn to by the insured claimant shall be furnished to the
liability by reason of covenants of warranty made by the insured in any transfer Company within 90 days after the Insured claimant shall ascertain the facts
or conveyance of the estate or interest This policy shall not continue in force in giving rise to the loss or damage The proof of loss or damage shall describe the
favor of any purchaser from the insured of either 0) an estate or interest in the defect in or lien or encumbrance on the title, or other matter insured against by
land, or (I) an indebtedness secured by a purchase money mortgage given to this policy which constitutes the basis of loss or damage and shall state to the
the insured extent possible, the basis of calculating the amount of the loss or damage If
3 Novice of Claim to be Gwen by Insured Claimant the Company is prejudiced by the failure of the insured claimant to provide the
The insured shall notify the Company promptly in writing (i) in case of any required proof of loss or damage, the Company's obligations to the insured
litigation as set forth in Section 4(a) below, (el to case knowledge shall come to under the policy shall terminate, including any lability or obligation to defend
an insured hereunder of any claim of title or interest which is adverse to the prosecute, or continue any litigation with regard to the matter or matters
title to the estate or interest, as insured, and which might cause joss or damage requiring such proof of loss or damage
far which the Company may be liable by virtue of this policy. or (m) if title to the In addition, the Insured claimant may reasonably be required to submit to
estate or interest, as insured, is rejected as unmarketable _I1 prompt notice shall examination under oath by any authorized representative of the Company and
not be given to the Company, then as to the insured all liability of the Company shall produce for examination. inspection and copying at such reasonable times
shall terminate with regard to the matter or matters for which prompt notice Is and places as may be designated by any authorized representative of the
required, provided, however, that failure to notify the Company shall to no case Company, all records, books, ledgers, checks correspondence and memoranda,
prejudice the rights of any insured under this policy unless the Company shall whether bearing a date before or after Date of Policy, which reasonably pertain
be prejudiced by the failure and than only to the extent of the prejudice to the joss or damage Further, if requested by any authorized representative of
the Company, the insured claimant shall grant its permission, in writing, for any
4 Defense and Prosecution o /Actions, Duty of Insured Claimant to authorized representative of the Company to examine, inspect and copy all
Cooperate records, books ledgers, checks, correspondence and memoranda in the custody
(a) Upon written request by the insured and subject to the options or control of a third party, which reasonably pertain to the loss or damage At
contained in Section 6 of these Conditions and Stipulations, the Company at its
own cost and without unreasonable delay, shall provide for the defense of an (Continued on inside back cover 1
Insured in litigation in which any thud party asserts a clam adverse to the title ea mete rywia pm
e,euaui eyy uuileuennn
4
1 au ATredoid in uosiad Aue Tsuiefie saipawai
�.. ea"'
•,.. AM
( Conbnued from Inside front cover )
information designated as confidential by the insured claimant provided to the
Company pursuant to this Section shall not be disclosed to others unless, in the
reasonable judgment of the Company, it is necessary in the administration of
the claim Failure of the insured claimant to submit for examination under oath. and expenses tor which the Company is liable under this policy, and shall only
produce other reasonably requested information or grant permission to secure apply to that portion of any loss which exceeds in the aggregate, 10 percent of
reasonably necessary information from third parties as required in this paragraph the Amount of Insurance stated in Schedule A
shall terminate any liability of the Company under this policy as to that claim (c) The Company will pay only those costs, attorneys' fees and expenses
incurred in accordance with Section 4 of these Conditions and Stipulations
6 Options to Pay or Otherwise Settle Claims, Termination of Liability
In case of a claim under this policy, the Company shall have the following 8 Apportionment
additional options If the land described in Schedule A consists of two or more parcels which
(a) To Pay or Tender Payment of the Amount of Insurance are not used as a single site, and a Toss is established affecting one or more of
To pay or tender payment of the amount of insurance under this the parcels but not all, the loss shall be computed and settled on a pro rata
policy, together with any costs, attorneys tees and expenses incurred by the basis as if the amount of insurance under this policy was divided pro rata as to
insured claimant, which were authorized by the Company up to the time of the value on Date of Policy of each separate parcel to the whole exclusive of
payment or tender of payment and which the Company is obligated to pay any improvements made subsequent to Date of Policy, unless a liability or value
Upon the exercise by the Company of this option, all liability and has otherwise been agreed upon as to each parcel by the Company and the
obligations to the insured under this policy, other than to make the payment insured at the time of the issuance of this policy and shown by an express
required, shall terminate, including any liability or obligation to defend, statement or by an endorsement attached to this policy
prosecute, or continue any litigation, and the policy shall be surrendered to the g Limitation of Liability •
Company for cancellation (al if the Company establishes the title or removes the alleged defect
hl To Pay or wise Settle With Parkes Other Than the Insured ❑r lien or encumbrance, or cures the lack of a right of access to or from the land, or
With the Insured Claimant cures the claim or unmarketabdity of title all as insured, in a reasonably
III to pay or otherwise settle with other parties for or in the name diligent manner by any method, including litigation and the completion of any
of an insured claimant any claim Insured against under this policy, together with appeals therefrom, it shall have fully performed Its obligations with respect to
any costs, attorneys' fees and expenses incurred by the insured claimant which
that matter and shall not be liable for any loss or damage caused thereby
were authorized by the Company up to the time of payment and which the
Company is obligated to pay or (b) In the event of any litigation, including litigation by the Company or
(n) to pay or otherwise settle with the insured claimant the loss or with the Company's consent, the Company shall have no liability for Toss or
damage until there has been a final determination by a court of competent
damage provided for under this policy, together with any costs, attorneys' fees jurisdiction, and disposition of all appeals therefrom adverse to the title as
and expenses incurred by the Insured claimant which were authorized by the insured
Company up to the time of payment and which the Company is obligated to pay (c) The Company shall not be liable for loss or damage to any insured
Upon the exercise by the Company of either of the options provided for in for liability voluntarily assumed by the insured in settling any claim or suit
paragraphs or MI, the Company's obligations to the insured under this
without the poor written consent of the Company
policy for the e claimed claimed loss or damage, other than the payments required to be
made, shall terminate, including any liability or obligation to defend, prosecute, 10 Reduction of insurance Reduction or Termination of Liability
or continue any litigation All payments under this policy, except payments made for costs, attomeys'
7 Determination, Extent of Liability and Coinsurance fees and expanses, shalt reduce the amount of the insurance pro tanto
This policy is a contract of indemnity against actual monetary loss or Liability Non cumulative
damage sustained or incurred by the insured claimant who has suffered loss or 11 It is expressly understood mu cumulative
that the amount of insurance under this policy
damage by reason of matters Insured against by this policy and only to the
extent herein descnbed shall he reduced by any amount the Company may pay under any policy insuring
(al The liability of the Company under this policy shall not exceed the a mortgage to which exception is taken in Schedule 8 or to which the insured
least of has agreed, assumed, or taken subject or which is hereafter executed by an
(t) the Amount of Insurance stated in Schedule A, or, insured and which is a charge or lien an the estate or interest described or
(n) the diff erence between the value of the insured estate or referred to in Schedule A, and the amount so paid shall be deemed a payment
interest as insured and the value of the insured estate or interest subject to the under this policy to the insured owner
defect, hen or encumbrance insured against by this policy 12 Payment of Loss
(b) In the event the Amount of Insurance stated in Schedule A at the (a) No payment shall be made without producing this policy for
Date of Policy is less than 80 percent of the value of the insured estate or endorsement of the payment unless the policy has been lost or destroyed. in
interest or the full consideration paid for the land, whichever is less, or if which case proof of loss or destruction shall be furnished to the satisfaction of
subsequent to the Date of Policy an improvement is erected on the land which the Company
Increases the value of the insured estate or interest by at least 20 percent over (b) When liability and the extent of Toss or damage has been definitely
the Amount of Insurance stated in Schedule A then this policy is subject to the fixed in accordance with these Conditions and Stipulations the loss or damage
following shall be payable within 3D days thereafter
(i) where no subsequent improvement has been made, as to any
partial loss, the Company shall only pay the loss pro rata in the proportion that 13 Subrogation Upon Payment or Settlement
the amount of Insurance at Date of Policy bears to the total value of the insured (a) The Company's Right of Subrogation
estate or interest at Date of Policy, or • . Whenever the Company shall have settled and paid a claim under this
In) where a subsequent improvement has been made, as to any policy, all right of subrogation shall vest in the Company unaffected by any act
partial loss, the Company shall only pay the loss pro rata m the proportion that of the insured claimant
120 percent of the Amount of Insurance stated in Schedule A bears to the sum The Company shall be subrogated to and be entitled to all rights and
of the Amount of Insurance stated in Schedule A and the amount expended for remedies which the insured claimant would have had against any person or
the improvement property in respect to the claim had this policy not been issued If requested by
The provisions of this paragraph shall not apply to costs attorneys' fees the Company, the insured claimant shall transfer to the Company all rights and
(Continued on back cover I
(Continued from inside cover)
remedies against any person or property necessary in order to perfect this right of demand for arbitration is made or, at the option of the insured, the Rules in
subrogation The insured claimant shall permit the Company to sue, compromise effect at Date of Policy shall be binding upon the parties The award may
or settle in the name of the insured claimant and to use the name of the insured include attorneys' fees only d the laws of the state m which the land is located
claimant in any transaction or litigation involving these rights or remedies permit a court to award attorneys' fees to a prevailing party Judgment upon the
If a payment on account of a claim does not fully cover the loss of the award rendered by the Aibitratorls) may be entered in any court having
insured claimant, the Company shall be subrogated to these rights and jurisdiction thereof
remedies in the proportion which the Company's payment hears to the whole The law of the situs of the land shall apply to an arbitration under the Title
amount of the loss Insurance Arbitration Rules A copy of the Rules may be obtained trom the
If loss should result from any act of the insured claimant, as stated above, Company upon request
that act shall not void this policy, but the Company, in that event, shall be 15 Liability Limited to this Policy, Policy Entire Contract
required to pay only that part of any losses insured against by this policy which
shall exceed the amount, if any, lost to the Company by reason of the (a) This policy together with all endorsements, if any, attached hereto
Impairment by the insured claimant of the Company's right of subrogation by the Company is the entire policy and contract between the insured and the
lb) The Company's Rights Against Non-insured Obligors Company In interpreting any provision of this policy, this policy shall he
The Company's right of subrogation against non - insured obligors shall construed as a whole
exist and shall include, without limitation, the rights of the insured to I61 Any claim of loss or damage, whether or not based on negligence,
and which arises guaranties, other policies of insurance or bonds, notwithstanding rses out of the status of the title to the estate or interest covered
any terms or conditions contained in those instruments which provide for hereby or by any action asserting such claim, shall be restricted to his policy
subrogation rights by reason of this policy (c) No amendment of or endorsement to this policy can be made except
by a writing endorsed hereon or attached hereto signed by either the President,
14 Arbitration a Vice President, the Secretary, an Assistant Secretary, or Validating Officer or
Unless prohibited by applicable law, either the Company or the insured Authorized Signatory of the Company
may demand arbitration pursuant to the Title Insurance Arbitration Rules of the 16 Severabihty
American Arbitration Association Arbitrable matters may include, but are not In the event any provision of the policy is held invalid or unenforceable
limited to, any controversy or claim between the Company and the insured under the applicable law, the policy shall be deemed not to Include that
arising out of or relating to this policy, any service of the Company in connection
with its issuance or the breach of a policy provision or other obligation All provision and all other provisions shall remain in full force and effect
arbitrable matters when the Amount of Insurance is $1,000,000 or less shall be 17 Notices, Where Sent
arbitrated at the option of either the Company or the insured All arbitrable All notices required to be given the Company and any statement in writing
matters when the Amount of Insurance is in excess of $1,000,000 shall be required to be furnished the Company shall include the number of this policy
arbitrated only when agreed to by both the Company and the insured and shall be addressed to its Horne Office 400 Second Avenue South,
Arbitration pursuant to this policy and under the Rules in effect on the date the Minneapolis, Minnesota 55401,1612(371 -1111
JASON A. GREGG
URSULA M. GREGG
305 Larkspur Lane
Aspen CO 81611
(970) 319 3400
gregu.j@comcast.net
June 28, 2010
Community Development Department
City of Aspen
130 S. Galena Street 3rd Floor
Aspen, CO 81611
Re: Building Permit Application
Lot 7, Moore Family PUD
993 Moore Drive
Aspen CO 81611
Ladies & Gentlemen:
This letter will confirm that Richard Carr and Cottle Carr Yaw Architects are
authorized to represent the above owners of Lot 7, Moore Family PUD, also known as
993 Moore Drive, Aspen CO 81611, with respect to the building permit application for a
single family residence and accessory buildings, if any, and all land use matters related
thereto.
If you have any questions feel free to contact us at the address above.
Jo skif A. Gregg
/ , �P
Ar . r
a . red
BUS_RE \3433557.1
Land Title Guarantee Company
Date: November 21, 2003
JASON A GREGG AND URSULA M GREGG
201 MILL STREET #201
ASPEN, CO 81611
JOE KRABACHER
Enclosed please find the title insurance policy for your property
located at 993 MOORE DR ASPEN CO 81611
The following endorsements are included in this policy
Deletion of Standard Exception(s)
Please review this policy in its entirety In the event that you find any discrepancy, or if you have any questions
regarding your final title policy, you may contact Title Department
Phone 970 - 925 -1678 Fax 970 - 925 -6243
Please refer to our Order No Q384865
Should you decide to sell the property described in this policy, or if you are required to purchase a new title
commitment for mortgage purposes, you may be entitled to a credit toward future title insurance premiums
Land Title Guarantee Company will retain a copy of this policy so we will be able to provide future products
and services to you quickly and efficiently
Thank you for giving us the opportunity to serve you
Sincerely,
Land Title Guarantee Company
LTG Policy No. LTFI384865
Form AO /ORT
Our Order No. Q384865 Schedule A Amount $3,050,000 00
Property Address. 993 MOORE DR ASPEN CO 81611
1. Polley Date: November 03, 2003 at 5 00 P M
2. Name of Insured:
JASON A GREGG AND URSULA M GREGG
3. The estate or interest in the land described or referred to in this Schedule and which is covered by this policy is:
A Fee Simple
4. Title to the estate or interest covered by this policy at the date hereof is vested in.
JASON A GREGG AND URSULA M GREGG
5. The land referred to in this policy is described as follows:
LOT 7, BLOCK G, THE MOORE FAMILY PUD, A PLANNED COMMUNITY, ACCORDING TO THE PLAT
THEREOF RECORDED AUGUST 10, 1998 IN PLAT BOOK 45 AT PAGE 81 COUNTY OF PITKIN,
STATE OF COLORADO
This Policy valid only if Schedule B is attached.
Land Title Guarantee Company
Representing Old Republic National Title Insurance Company
LTG Policy No LTFI384865
Form AO /ORT
Our Order No. Q384865
Schedule B
This policy does not insure against loss or damage by reason of the following
1 Rights or claims of parties m possession not shown by the public records
2 Easements, or claims of easements, not shown by the public records
3 Discrepancies, conflicts m boundary lines, shortage to 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 hen, or right to a hen, for services, labor, or material theretofore or hereafter furnished, Imposed by law and
not shown by the public records
5 TAXES FOR 2004 AND SUBSEQUENT YEARS ONLY, NOT YET DUE AND PAYABLE
6 DEED OF TRUST DATED OCTOBER 31, 2003, FROM JASON A GREGG AND URSULA M
GREGG TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF JASON ALBERT
GREGG 1993 IRREVOCABLE TRUST A TO SECURE THE SUM OF $3,000,000 00 RECORDED
NOVEMBER 03, 2003, UNDER RECEPTION NO 490640
7 WATER RIGHTS OR CLAIMS TO WATER RIGHTS
8 RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE
THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES
AS RESERVED IN UNITED STATES PATENT RECORDED MAY 06, 1890, IN BOOK 55 AT
PAGE 9, RECORDED JANUARY 19, 1892 IN BOOK 55 AT PAGE 20, RECORDED NOVEMBER
29, 1892 IN BOOK 55 AT PAGE 34, AND RECORDED AUGUST 26, 1911 IN BOOK 55 AT
PAGE 191
9 TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS AND RESTRICTIONS AS CONTAINED IN
RESOLUTIONS BY THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, RECORDED AS FOLLOWS
A RESOLUTION NO 95 -9 RECORDED FEBRUARY 15, 1995 IN BOOK 774 AT PAGE 50
B RESOLUTION NO 95 -173 RECORDED OCTOBER 27, 1995 IN BOOK 797 AT PAGE 922
C RESOLUTION NO 95 -30 RECORDED NOVEMBER 9, 1995 IN BOOK 799 AT PAGE 150
AND RECORDED OCTOBER 25, 1996 UNDER RECEPTION NO 398334
D RESOLUTION NO 97 -75 RECORDED MAY 8, 1997 UNDER RECEPTION NO 404234
E ORDINANCE NO 97 -13 RECORDED JUNE 10, 1997 UNDER RECEPTION NO 405216
LTG Policy No. LTFI384865
Form AO /ORT
Our Order No. Q384865
Schedule B
F RESOLUTION NO 98 -57 RECORDED APRIL 7, 1998 UNDER RECEPTION NO 415352
10 TERMS, CONDITIONS, AND PROVISIONS OF SUBDIVIDER'S AGREEMENT RECORDED AUGUST
10, 1998, UNDER RECEPTION NO 420468
11 RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER
CLAUSE, AS CONTAINED IN MASTER DECLARATION OF COVENANTS, CONDITIONS, AND
RESTRICTIONS FOR THE MOORE FAMILY PUD, A PLANNED COMMUNITY, RECORDED
AUGUST 10, 1998 UNDER RECEPTION NO 420466
12 DESIGNATION OF SUCCESSOR AND ASSIGNS OF DECLARANT RIGHTS RECORDED AUGUST
11, 1998 UNDER RECEPTION NO 420552
13 EASEMENTS, RIGHTS OF WAY AND OTHER MATTERS AS SET FORTH ON THE PLAT OF THE
MOORE FAMILY P UD , A PLANNED COMMUNITY, RECORDED AUGUST 10, 1998 IN PLAT
BOOK 45 AT PAGE 81
14 TERMS, CONDITIONS AND PROVISIONS OF MASTER DEED RESTRICTIONS FOR AFFORDABLE
HOUSING RECORDED AUGUST 11, 1998 UNDER RECEPTION NO 420489
15 TERMS, CONDITIONS AND PROVISIONS OF MOORE PUD PLANNED UNIT DEVELOPMENT
GUIDE RECORDED AUGUST 10, 1998 UNDER RECEPTION NO 420467
16 TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE NO 20, SERIES OF 1997,
RECORDED AUGUST 11, 1998 UNDER RECEPTION NO 420479
17 TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO 98 -40 RECORDED AUGUST
11, 1998 UNDER RECEPTION 140 420480
18 TERMS, CONDITIONS, PROVISIONS, EASEMENTS AND RIGHTS OF WAY AS SET FORTH IN
CITY OF ASPEN WATER SERVICE AGREEMENT AND ADDENDUM THERETO RECORDED AUGUST
11, 1998 UNDER RECEPTION NO 420481 AND RECORDED AUGUST 11, 1998 UNDER
RECEPTION NO 420482
19 TERMS, CONDITIONS, PROVISIONS, EASEMENTS AND RIGHTS OF WAY AS SET FORTH IN
CITY OF ASPEN RAW WATER AGREEMENT RECORDED AUGUST 11, 1998 UNDER RECEPTION
NO 420485
LTG Policy No. LTF1384865
Form AO /ORT
Our Order No. Q384865
Schedule B
20 TERMS, CONDITIONS, PROVISIONS, EASEMENTS AND RIGHTS OF WAY AS SET FORTH IN
CITY OF ASPEN PRETAPPING AGREEMENT RECORDED AUGUST 11, 1998 UNDER
RECEPTION NO 420486
21 TERMS, CONDITIONS, PROVISIONS, EASEMENTS AND RIGHTS OF WAY AS SET FORTH IN
COLLECTION SYSTEM AGREEMENT RECORDED AUGUST 11, 1998 UNDER RECEPTION NO
420487
22 TERMS, CONDITIONS, PROVISIONS, EASEMENTS AND RIGHTS OF WAY AS SET FORTH IN
CITY OF ASPEN PRECONNECTION AGREEMENT RECORDED AUGUST 11, 1998 UNDER
RECEPTION NO 420488
23 MEMORANDUM OF UNDERSTANDING BETWEEN THE JAMES E MOORE FAMILY PARTNERSHIP,
LLLP, AND ASPEN SCHOOL DISTRICT REGARDING AFFORDABLE HOUSING RECORDED
AUGUST 11, 1998 UNDER RECEPTION NO 420491
24 EASEMENT AGREEMENT (UTILITY AND DRAINAGE) BETWEEN THE JAMES E MOORE FAMILY
PARTNERSHIP, LLLP, AND THE ASPEN SCHOOL DISTRICT RECORDED AUGUST 11, 1998
UNDER RECEPTION NO 420477
25 EASEMENT FOR WATER LINES AND RELATED PURPOSES GRANTED BY THE JAMES E MOORE
FAMILY PARTNERSHIP, LLLP, TO THE CITY OF ASPEN, RECORDED AUGUST 11, 1998
UNDER RECEPTION NO 420478
26 TERMS, CONDITIONS AND PROVISIONS OF TRENCH, CONDUIT AND VAULT AGREEMENT
RECORDED JANUARY 11, 1999 AT RECEPTION NO 426420
ITEM NO 4 OF THE STANDARD EXCEPTIONS IS DELETED AS TO ANY LIENS RESULTING
FROM WORK OR MATERIAL CONTRACTED FOR OR FURNISHED AT THE REQUEST OF
WILLIAM WRIGLEY, JR RESIDUARY TRUST
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR
ANY LIENS ARISING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF JASON
A GREGG AND URSULA M GREGG
ITEM NOS 1 THROUGH 3 OF THE STANDARD EXCEPTIONS ARE HEREBY DELETED
---_
Land Title Guarantee Company
Date: November 21, 2003
JOE KRABACHER
201 MILL STREET
#201
ASPEN, CO 81611
Re Your Ref Number
Enclosed please find your Land Title Guarantee Company loan policy insunng the property at
993 MOORE DR ASPEN CO 81611
and owned by JASON A GREGG AND URSULA M GREGG
The following endorsements are included in this policy
Deletion of Standard Exception(s)
Please review this policy in its entirety In the event that you find any discrepancy, or if you have any questions
or comments regarding your policy, you may contact Title Department
Phone 970 - 925 -1678 Fax 970 - 925 -6243
Please refer to our Order No 0384865
We at Land Title Guarantee Company believe in delivering quality products that meet your needs, and our goal is to provide
the most efficient, reliable service in the industry Thank you for giving us the opportunity to serve you'
Sincerely,
Land Title Guarantee Company
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C C Y ARCHITECTS
June 23, 2010
City of Aspen
Community Development Department
130 South Galena Street
Aspen, Colorado 81611
Re: Moore Family PUD, Lot 7 aka 993 Moore drive — Building Envelope Adjustment Application
To whom it may concern:
On behalf of the applicant, we are requesting to amend the shape of the building envelope on Lot 7 of
the Moore Family PUD aka Five Trees in order to maximize solar gain and avoid steeper slopes. The
envelope size will not change. This proposal has been reviewed and approved by the FiveTrees
Design Review Board (see attached letter). Please see the attached draft plat representing the
proposed adjusted building envelope lines. As requested and for reference, we have also enclosed
the previous plat, the survey and a vicinity map.
As requested, we have also addressed the criteria of Land Use Code Sec. 26.445.100.
Amendment of PUD development order in italics below.
A. PUD Insubstantial Amendments. An insubstantial amendment to an approved
development order for a final development plan may be authorized by the Community
Development Director. The following shall not be considered an insubstantial
amendment:
1. A change in the use or character of the development.
This is not a change in use or character.
2. An increase by greater than three percent (3 %) in the overall coverage of
structures on the land. N/A
3. Any amendment that substantially increases trip generation rates of the proposed
development or the demand for public facilities. No change.
4. A reduction by greater than three percent (3 %) of the approved open space. No
change
5. A reduction by greater than one percent (1 %) of the off- street parking and loading
space. No change.
6. A reduction in required pavement widths or rights -of -way for streets and
easements. No change.
7. An increase of greater than two percent (2 %) in the approved gross leasable floor
area of commercial buildings. No change. •
8. An increase by greater than one percent (1 %) in the approved residential density
of the development. No change.
9. Any 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. There is no change or variation
with the project's original approved use or dimensional requirements.
Please contact me directly should you have any questions or concerns.
Thank you,
Richard A. Carr, AIA
Principal
COTTLE CARR YAW ARCHITECTS LTD
228 Midland Ave PO Box 529 Basalt CO 81621
970 - 927 -4925 fax 970 - 927 -8578
into@ccyarchitects.com
F I V E T R E E S
711 EAST VALLEY ROAD, SUITE 103, BASALT, CO 81621 (970) 273 -3100 FAx (970) 273 -3103
JIM STARK ANA FERRARA DAVID PARKER EVE WIIISTON BRLCE ETKtx
DESIGN REVIEW BOARD
June 14, 2010
City of Aspen
Community Development
130 South Galena Street
Aspen, CO 81611
Re: 993 Moore Drive, Aspen, CO 81611
Lot 7, Moore PUD
Building Envelope Adjustment
To Whom it May Concern,
The FiveTrees Design Review Board (DRB) has reviewed the proposed plan for a Building Envelope
Adjustment at the above referenced property and finds the plan to be compliant with Design Review
Guildelines and hereby approves the proposal as submitted.
As per the FiveTrees Master Declaration, any proposed plat amendment requires approval from 67% of
the Association homeowners in order to submit the proposal to the City for approval. On June 14, 2010
DRB management received the required amount of votes from the FiveTrees Homeowners to modify the
Building Envelope at 993 Moore Drive, Lot 7, Moore PUD.
Final approval will be contingent upon consent from the City that they approve the building envelope
modification.
Your consideration in this matter is greatly appreciated. If you have any questions or need additional
information, please contact our office.
Sincerely,
nd
an. s -: ouse, sti: ager for
FiveTrees 1 esign Revie 1 oard
H: /0209/FTDRB /2010 /Gregg Lot 7 BE Amendment Approval Letter to City 6 - -
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