HomeMy WebLinkAboutcoa.lu.sm.Silverlining Ranch 1490 Ute Ave.A105-00 CASE NUMBER A105 -00
PARCEL ID # 2737- 184 -06805
CASE NAME Silverling Ranch Stream Margin review for Fence
PROJECT ADDRESS 1490 Ute Ave.
PLANNER Fred Jarman
CASE TYPE Stream Margin Review
OWNER/APPLICANT Silverlining Foundation
REPRESENTATIVE Andrea Jaeger
DATE OF FINAL ACTION
CITY COUNCIL ACTION
PZ ACTION
ADMIN ACTION Withdrawn
BOA ACTION
DATE CLOSED 10/16/00
BY J. Lindt
- I LAND USE APPLICATION
PROJECT: 1
Name: - eV, ' S f v fl i) ndafii im 'Srr .. A . 6 111 f 6; ( & Us Four en
Location: ) f9 (}� Qt)Q AfSPEA) di) C211.0 II
(Indicate street address, lot & block number, legal description where appropriate)
APPLICANT:
Name: f. `� i 1 io.r 1 a'r' tt n iX4+4\4 rM
Address: \ t-c u- c ( J,Q
Phone #: qaS R9+O
REPRESENTATIVE:
Name: PrAok - Ssaf 2
Address: 4.9 r 9 U Qom_
Phone #: Q sh D
TYPE OF APPLICATION: (please check all that apply):
❑ Conditional Use ❑ Conceptual PUD ❑ Conceptual Historic Devt.
❑ Special Review ❑ Final PUD (& PUD Amendment) ❑ Final Historic Development
❑ Design Review Appeal ❑ Conceptual SPA ❑ Minor Historic Devt.
❑ GMQS Allotment ❑ Final SPA (& SPA Amendment) ❑ Historic Demolition
❑ GMQS Exemption ❑ Subdivision ❑ Historic Designation
ESA - 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Small Lodge Conversion/
Margin, Hallam Lake Bluff, condominiumization) Expansion
Mountain View Plane
❑ Lot Split ❑ Temporary Use ❑ Other:
❑ Lot Line Adjustment ❑ Text/Map Amendment
EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.)
t' OI1J - 4- -knr W nri dt -:v nee .
PROPOSAL: (description of proposed buildings, uses, modifications, etc.)
a,� • s bit / -L• _ • It • ' r j . • a _
• e . a� // °
a S l o ° Lg a.c
Have you attached the following? FEES DUE: $ (P 9D • 'CO
❑ Pre - Application Conference Summary
O Attachment #1, Signed Fee Agreement
❑ Response to Attachment #2, Dimensional Requirements Form
O Response to Attachment #3, Minimum Submission Contents
0 Response to Attachment #4, Specific Submission Contents
❑ Response to Attachment #5, Review Standards for Your Application
AUG - 16 - 2000 WED 11:01 AM FAX NO, P. 02
CITY OF ASPEN
PRE - APPLICATION CONFERENCE SUMMARY
PLANNER: James Lindt, 9203104 DATE: 8.16.00
PROJECT: Silverlining Ranch
REPRESENTATIVE: Cris Wyman
OWNER: Silvcrlining Ranch
TYPE OF APPLICATION: 1 Stcp.Strcam Margin Review
DESCRIPTION: Extending the fence to the edge of the property
Land Use Code Section(s)
26.435.040 Stream Margin Review.
Review by: Staff for complete application, referral agencies for technical considerations, Planning and
Zoning Commission for Approval determination.
Public Hearing: No.
Referral Agencies: Engineering
Planning Fees: Planning Deposit $480
Referral Agency Fees: Engineering Referral $170
Total Deposit: 5650
To apply, submit the following information:
1. Total Deposit for review of application.
2. Applicant's name, address and telephone number. containtxl within a letter signed by the applicant stating the name, address, and
telephone number of the representative authorized to act on behalf of the applicant.
3. Signed fee agreement.
4. Pre- application Conference Summary.
S. A site improvement survey.
6. An S 1/2" x 11" vicinity map locating the subject parcels within the City of Aspen.
7. A written description of the proposal and a written explanation of how a proposed development
complies with the review standards relevant to the development application.
8. A copy of the recorded documents which affects the proposed development.
9. Proof of ownership.
10. Additional materials as required by specific review. Please refer to the application packet for specific submittal requirements or to the
code sections noted above.
11. 10 Copies of the complete application packet (items 1.10)
Process:
Apply. Planner reviews case for completeness and sends to Engineering for referral comments. Casc Planner take to staff meeting for
recommendation. Case planner writes memo of recommendation to the Planning and Zoning Commission. Planning and Zoning Commission
makes final detertnination on application.
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.
ASPEN/PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
Agreement for Payment of City of Aspen Development Application Fees
CITY OF ASPEN (hereinafter CITY) and cos' STUFF FoSr ca{ trnn. nc • Aka_ Tk E Li IVe/ Lini nj
(hereinafter APPLICANT) AGREE AS FOLLOWS: Feuroleckpt\
1. AP LICANT has submitted to CITY an application for
ent-n m nr' w
e t .a. F4Qe c pro pQ``- •
(hereinafte 1 tit, PROJECT).
2. APPLICANT understands and agrees that City of Aspen Ordinance No. 45 (Series of 1999)
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.
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 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.
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 u
amount of S I $O which is for a.5 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. 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
1 i0S 1 S7VFP Pourt444-4nd .Pre dhc.
// ) _Sr' (VA2 r in it �rbla t' an
By: U ( // - M - - By: ai 7ti 01
J e Ann Woods
ommunity Development Director Date: 844-vol:
Mailing Address:
H7 US (Lag
ar CO 'i //f
g: Hsu p po rtlfo r m sla g r p ay as. d oc
12/27/99
T�e Sneer L-14hy f u.Vi2fior\
August 17, 2000 A S P E N C O L O R A D O
City of Aspen
130 S. Galena St.
Aspen, CO 81611
Re: Extending Wooden Rail Fence around perimeter of property
In May of this year, the Foundation applied for a fencing permit for the area located in
the 100 year flood plain of our property. The original request for fencing was for the
perimeter of this piece of land. This land is to be used for horses as approved under
Resolution 97 -04. It was determined that due to changes in the landscaping, swimming
pool location and Westem Front area, the original approval for a fence /corral was
somewhat open for interpretation. Therefore, after City officials reviewed our request, it
was agreed that we would be able to put up a fence in an area that was closest to the
approved location under permit no. 0871 -2000 and as outlined in our attached current
survey. A Stream Margin Review would be required for the original request of fencing
around the perimeter of the entire area.
The proposed wood fence post has a height of 5' 4" from natural grade with 2' 2" below
grade with posts in a cement base. Posts are 8' center to center and notched as necessary
towards inside of fence at each dowel hole to allow rail to slide out. Notches to be at one
rail end only. Rail removal will be accomplished by sliding dowel of rail along notch and
then pulling rail out of dowel hoe. There are 4 rails with 1' between rails.
We do believe the installation of this fence complies with the standards of the stream
margin review.
Sincerel ,
drea Jae:
President
1490 Ute Avenue, Aspen, Colorado 81611 PH (970) 925 -9540 FX (970) 544 -0565 www.silverliningfoundation . org
130 S. Galena ASPEN ♦ PITKIN COMMUNITY DEVELOPMENT DEPARTMENT General
Aspen, CO 81611 - - PERMIT APPLICATION Permit
970/920 - 5090 rr�tt
920 - 5448 Inspection line PITKIN COUNTY ❑ CITY OF ASPEN LAI PERMIT No \ i /• - •'. .,) t: ';
V Applicant to complete numbered spaces only.
` JOB ADDRESS
LEGAL LOT NO BLOCK TRACT OR SUBDMSION , (❑ SEE ATTACHED SHEET) CO
2. ,r
DESC. of I iuc Y Lo c , --' t+ r. DE
OWNER MAIL ADDRESS ZIP PHONE
3. .5 , L' r t , , . FD _
, CONTRACTOR MAIL ADDRESS UCENSE NO
�tt '1' b r I L ' =t I I L - i ( '. I l e •_t Il �d �. ✓br� /[ i - t ,y. ,
.,. PHONE
p p � j .k
4 F'. , fi 2. . F., —t', r-Pc\f ,fit- ./.. _. ;_, A t./ Alp , °;2� - f ..' ', 1ra1 1,✓` ^.,iki ri:®`
' ARCH Ma6R ENGINEER OF RECORD (3 MAIL ADDRESS PHONE LICENSE NO MH
5 MS
I;a4 3 i'h •:xa x:l �
DESIGNER MAIL ADDRESS PHONE LICENSE NO
6. RF
CLASS OF WORK ENERGY CODE FEE USE TAX CENSUS CODE G.I.S. FEE
7• • ['NEW ❑ ADDITION ❑ ALTERATION ❑ REPAIR ❑ A, _...�- i I
vs
USE OF BUILDING PLAN CHECK FEE PERMIT FEE ZONING FEE
8. r: '
i rt 1 C',k.. I - V i' .-e .
VALUATION OF WORK SQUARE FOOTAGE Type of Construction Occupancy Group Lot Area
9, $ (' {, L'I u 10. ? i ' '
11. Is there food service in this building ❑ YES ❑ NO Rm sc91�1 "At.) No. of Stones Opp. Load
12. Is LPG used? ❑ YES ❑ NO
NO OF BEDROOMS Use Zone Hr. Spinklers Required? ❑Yes ❑No
13. Parcel ID # EASTING ADDED
Nam System Required? ❑Yee ❑No
14. Remarks No. of Dwelling Units OFFSTREET PARKING SPACES
+ ' -, Coverecl Uncovered
SPECIAL APPROVALS REQUIRED AUTHORIZE? BY DATE
. , ZONING, i L1-7 .;'=:" 'w 2'1—'7. �1 . -A i , " }' l
H.P.C ,-..
PARK DEDICATION
--- - - -- ENVIRO. HEALTH
PRESUBMRTAL APPUCAION AfrcEPTED PLANS CHECKED APPROVED FOE ISSUANCE ,.
,✓T w
ENGINEERINEE r '". •. C ! r , E. , "r.. �` I"' �e
BY g -.. BY /V' ` . . B Y ._.__: !: PARKS F
7 "1 FIRE MARSHAL
DATE/ '/ r DATE DATE DATE - WATER TAP
NOTICE ASPEN CONSOL SAN. DIST.
• SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL, PLUMBING, HEATING, OTHER
VENTILATING OR AIR CONDITIONING.
THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION
AUTHORIZED IS NOT COMMENCED WITHIN 180 DAYS, OR IF CONSTRUCTION PAYMENT OF PITKIN COUNTY USE TAX
OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 180 DAYS AT
ANY TIME AFTER WORK IS COMMENCED. ❑ MONTHLY OR QUARTERLY RETURNS WILL BE SUBMITTED.
I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS APPLICATION AND ❑ DEPOSIT METHOD 0.5 % OF 25% OF THE PERMIT VALUATION PAID
KNOW THE SAME TO BE TRUE AND CORRECT. ALL PROVISIONS OF LAWS UST
T ACTUAL TOT COS M
FINAL REPORT A N FI AL
UACE. ON
AND ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE COMPLIED AT ISSUANCE. ON COMPLETION M
WITH WHETHER SPECIFIED HEREIN OR NOT. THE GRANTING OF A PERMIT BE FILED CE. WORK DWI H I A FI ISSUANCE 90 DAYR OF SUBS CERTIFICATE AN11A C OMPLETION O FNCY.
DOES NOT PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PRO-
VISIONS OF ANY OTHER STATE OR LOCAL LAW REGULATING CONSTRUCTION r
OR THE PERFORMANCE OF CONSTRUCTION. IT IS MY RESPONSIBILITY TO kg EXEMPT: EXEMPT ORGANIZATION - ', >✓
REVIEW THE APPROVED PLANS AND ANY COMMENTS THAT ARE CONTAINED A
THEREON AND SEE THAT THE STRUCTURE AND /OR PROJECT IS BUILT IN ❑ RESALE: STATE & PITKIN COUNTRY RESALE NO.
COMPLIANCE WITH ALL APPUCABLE CODES.
ANYONE WHO USES AND / OR CONSUMES BUILDING MATERIALS AND FIXTURES IN
SIGNATURE OF CONTRACTOR (DATE? PITKIN COUNTY IS SUBJECT TO THE 0.5% USE TAX.
, `, ! •. V l _ { 1"'{!' PROPERTY LIENS MAY BE PLACED ON THE OWNER'S AND /OR THE CON -
iii s RE OF OWNER EPOEVNER BUILDER) r.. (DATE) TRACTOR'S PROPERTY WHEN USE TAX I5 NOT PAID
i - �f!l(. `;FI C LO ^ r 4 N'6" ,:,,
THIS FORM IS A PERMIT ONLY WHEN VALIDATED WORK STARTED WITH OUT PERMIT WILL BE DOUBLE FEE
Energy Code Validation Plan Check Validation Zoning Validation Permit Validation 0.5 % Use Tax Deposit Validation
WHITE -FILE COPY CANARY - APPLICANT PINK -BUILDING DEPARTMENT GOLD - ASSESSOR
I �. 4 m :
W z CA 7 : it .S. Z ` r ' u N N w' eCS O.
R-, V 0 O r L Y�I g CD er g / (A OGJ T T
Q V J
�/ `, � � p O, p' x
Cr Po-1 gi x W "t U cn in Q m C a W
1
1
,+ . J _,
_ o fir
d ill ,. S e
• t- i t
y!
Q g F
1 �£ - _ P MT' 5
Lem �' r a ; a .V Ojos
1 .tLr 4
F
z
4 , 4
f
yh i"' fI - --• F ilk
0 F z t rte.. . a;
or 401147 ,
a -kJ
i
L �
2 a"y",
c a T a �
0 1 0•41160
i \k
F€ •i
1 hi i
1
1
Attachment 3
A.
1. See attached survey.
2. See attached survey.
3. See attached survey.
B.
1. See attached survey.
2. N/A
3. See attached survey.
4. See attached building plan.
fi !r Z .
1�1 K(t 4} _ 1 ., s
' ' tit � I l n K 0
Q • ( 1 , ' f N _..1
i
f � F ;
z n T S • 3 1
z c r ! . 1 y Z 3Z
al u. 3 b
s : g' � O ▪ > _
4 < c<
a tl R} Q • • •
O D ao
O 2 U O 4 .
2 1 I . sit
`� 3
Cc • o co
s i4 ii .
n. t�j
Z r ,
ti
lti t;
; a ,
I
t` ,....'
.1 i $
t (. �� z
i
es
a - { , �`
o
• ic
��7y Z
Si �. . 1
1 I I 10
glig •3/41, N ' ' �� wares`
rr w
a li k Ile qb gip
gill 11 / a- / a- 1 .3/4. -1 .41 4 1 : I .*-,5' 1 -t-,zt
a 31"' / J . .. 9 -I
RESOLUTION NO. 5
(Series of 1997)
A RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO, FINDING
COMPLIANCE WITH SECTIONS 31 -12 -104 AND 31 -12 -105, C.R.S., FOLLOWING
PUBLIC HEARING RELATIVE TO THE PE'IIHON FOR ANNEXATION OF TERRITORY
TO THE CITY OF ASPEN, COMMONLY KNOWN AS THE STILLWATER RANCH
SUBDIVISION, LOT 5 PARCEL.
WHEREAS, on November 19, 1996, the owner of the property proposed to be annexed
did file with the City Clerk of the City of Aspen a Petition for Annexation of territory to the City
of Aspen; and
WHEREAS, on November 25, 1996, the City Council did adopt Resolution No. 68,
Series of 1996, finding substantial compliance with Section 31 -12- 107(1), C.R.S.; establishing
January 13, 1997, as the date for a public hearing to determine compliance with Sections 31 -12-
104 and 31 -12 -105, C.R.S.; and authorizing publication of said hearing; and
WHEREAS, a public hearing was held on January 13, 1997; and
WHEREAS, the City Council desires to adopt its findings and determinations following
said hearing in the form of a resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section 1
That having heard and considered the testimony, comments, exhibits and arguments of all
persons appearing at the public hearing, the City Council of the City of Aspen makes the
following fmdings and determinations in accordance with the Colorado Municipal Annexation
Act, as amended:
1. The City Clerk, in accordance with Resolution No. 68, Series of 1996, did
give public notice pursuant to Section 31 -12 -108, C.R.S., of the public hearing, by
causing to be published once a week for four consecutive weeks in The Aspen Times, a
newspaper of general circulation in Pitkin County, the first publication being at least
thirty (30) days prior to the date of the public hearing. In addition, the City Council did
send to the Pitkin County Board of County Commissioners, to the County Attorney of
Pitkin County, and to the Aspen School District, a copy of the aforesaid resolution and
petition.
2. That, in accordance with Section 31 -12- 108.5, C.R.S., an impact report
concerning the proposed annexation was prepared and filed with the Pitkin County Board
of County Commissioners.
3. That not less than one -sixth of the perimeter of the area proposed to be
annexed is contiguous with the City of Aspen upon the annexation of the Maroon Creek
Subdivision (North) Property.
4. That a community of interest exists between the area proposed to be
annexed and the City of Aspen; that said area is urban or will be urbanized in the near
future; and that said area is integrated with or is capable of being integrated with the City
of Aspen. The basis of compliance with the foregoing is the fmding by City Council that
the area to be annexed exceeds the one -sixth contiguity requirement and:
a. Less than one -half of the land in the area proposed to be annexed
(including streets) is agricultural, and none of the owners of such
agricultural land, if any, have expressed an intention, under oath, to
devote the land to agricultural use for a period of not less than five years;
and,
b. It is physically practicable to extend to the area proposed to be
annexed those urban services which the City of Aspen provides in
common to all of its citizens on the same terms and conditions as such
services are made to such citizens.
5. The property proposed to be annexed was not divided into separate parts
or parcels from any other tract or parcel of real estate without the written consent of the
landowners thereof to establish the boundaries of the property described in the annexation
petition. (One hundred percent of the owners of the proposed area to be annexed have
consented to the annexation.)
6. The owners of the property proposed to be annexed have consented in .
writing to the annexation. Accordingly, the limitation set forth at Section 31- 12- 105(b) is
not applicable.
2
7. There is no other annexation proceeding, other than the one under
consideration herein, which has been commenced either in the City of Aspen or any other
municipality which affects the property proposed to be annexed. Accordingly, the
limitation set forth at Section 31- 12- 105(c) is not applicable.
8. Annexation of the property proposed to be annexed would not result in the
detachment of any area from any school district and the attachment of the same to another
school district. Accordingly, the limitation set forth at Section 31- 12- 105(d) is not
applicable.
9. Annexation of the property proposed to be annexed would not have the
effect of extending the boundary of the City of Aspen more than three miles in any
direction. Accordingly, the limitations set forth at Section 31- 12- 105(e) relating to the
extension of municipal boundaries by more than three miles in any one year is not
applicable.
10. The annexation of the property proposed to be annexed would be
consistent with the "Annexation Element to the Aspen Area Comprehensive Plan ".
Accordingly, the requirement set forth at Section 31- 12- 105(e) relating to the requirement
that a "plan" be adopted for the property proposed to be annexed has been met.
11. In establishing the boundaries of the area to be annexed, no portion of a
platted street or alley is proposed to be annexed or the entire width of the alley or street is
proposed to be annexed. Accordingly, the limitation set forth at Section 31- 12- 105(f) has
been met.
12. The City of Aspen does not intend to deny reasonable access to
landowners, owner of an easement, or the owner of a franchise adjoining any street,
alley, or highway, upon annexation. Accordingly, the limitation set forth at Section 31-
12-105(f) has been met.
13. An election is not required under Section 31- 12- 107(2) in that one hundred
percent (100 %) of the owners of the area proposed to be annexed have consented to the
annexation. (Ref. 31- 12- 107(1)(g); 31- 12- 110(1)(a)(II), C.R.S.).
14. No additional terms and conditions are to be imposed upon the annexation.
(Ref. 31- 12- 110(B),C.R. S. ).
3
INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the /3
_ day o , 1997.
? / �—
ohn S. Bennett, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is
a true and accurate copy of that resolution adopted by the City Council of the City of Aspen,
Colorado, at a meeting held on the day hereinabove stated.
� /
Ka n S. Koch, City Clerk
smar s
4
August 17, 2000 Tfte Siker LR f ur
A S P E N C O L O R A D O
City of Aspen
130 S. Galena St.
Aspen, CO 81611
Re: Attachment 2
The following information is in response to the "Minimum Submission Requirements All
Development Applications."
Item 1:
I am the President of the Foundation and authorized to act on behalf of Kids' Stuff Foundation,
Inc. and can be reached at the following address and phone number.
Kids' Stuff Foundation, Inc.
Dba The Silver Lining Foundation
1490 Ute Avenue
Aspen, CO 81611
Phone: (970) 925 -9540 Fax: (970) 544 -0565
Item 2:
Street address and Legal Description:
1490 Ute Ave
Lot 5, Stillwater Ranch Subdivision/PUD, according to the Plat thereof recorded December 30,
1994 in Plat Book 35 at Page 86.
Item 3:
Copy of Title Policy is attached.
Item 4:
Vicinity map is attached.
Item 5:
Current survey attached.
Sincer ly,
1'. '
Brea J• ter /
Presiden
- '�"� .
1490 Ute Avenue, Aspen, Colorado 81611 PH (970) 925 -9540 FX (970) 544 -0565 www.silverliningfoundation.org
OCT. 25. 1999 1:33PM PITKIN COUNTY TITLE NO. 9502 P. 9/9
FIDELITY
NATIONAL
TITLE
INSURANCE
COMPANY
s
-
Fidelity National Title Insurance Company
17911 Von Kaman Avenue, Suite 300
Irvine, CA 92614 -6253
OCT. 25. 1999 1 :32PM PITKIN COUNTY TITLE NO. 9502 P. 2/9
inn
Owner's Policy of Title insurance
Fidelity National Title Insurance Company
A Stock Company
Policy Number 1312- 15 8 4 9 6
OWNER'S POLICY OF TITLE INSURANCE
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTADIED IN SCHEDULE
B AND THE CONDITIONS AND STIPULATIONS FIDELITY NATIONAL TITLE INSURANCE COMPANY, a corporation,
herein called the Company, insures, as of Date of Policy shown in Schedule A, against lass or damage, not exceeding the
Amount oflnsurance 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 herein;
2. Any defect in or lien 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, FIDELITY NATIONAL TITLE INSURANCE COMPANY has caused this policy to be signed and
sealed by its duly authorized officers as of Date of Policy shown in Schedule A.
Fidelity National Title Insurance Company
•
int
SEAT,
PraaIen,
ATTES1
Speraar
Countersigned: ... 4' I ... a. - a
Au it ' _, Nignature
ALTA Owner's Polley (10 -1742)
FNTIC Form No. 1312 (6/93)
•
OCT. 25. 1999 1:32PM PITKIN COUNTY TITLE NO.9502 P.3/9
- EXCLUSIONS FROM COVERAGE expiate which
The following marten are expressly excluded from the coverage of thb policy °ad the Company will net pay leas or damage, costs, attorneys' fees
arise by reason oft a fn prohibiting
V. 61) Amy Ins, ordinance or governmeMei regulation finnan bat not limited to building aid zoning Ism, oidS ce,, or y�emeat sow or nlaWns) tmukt ►mai sler obi cliutaU ■[• p o hs lung
or relating to N the occupancy. um. er enjormmt of ibe bud; (11) the character, dimensions orloa biyd� war a Part' or be eavtr e r cted t ibm land;
N Marsden a arsden in ownenhlp or ■ change in the dimensions or arm of the land or say paned of
or lie effect of any •iolalfo° of these haws ordinances or goveremeoul regulations, meet w the meat gust a notice of the entorammf thereof or a iodic of
a defect, lien or encumbrance resulting from • edition or alleged violation affecting the land has been recorded la the public records at Mlle of
eo
(b) MY governmental police power not eadnded y U) above amp to the utat that a mike of the exercise Mend er a notice of a defect, Ho
resulting from it %lesion or alleged violation affecting the lend bas been recorded in the public records at Dam of Polky,
2. Rights ha o i d A wi notice
ot Policy the m eeu t Id thereof a s been the mauled in
of a peahen r edit records at Date
without 1 Val nit mending from eavrnge any tibiae
J. Defects, Yens, encumbrances, edemas claims or other mattes:
(a) crated. suffered, assumed or speed to by the Insured Simard;
(b) not known to the Company, not recorded in the public records al Date of Polley, but known to the insured defraud and not disclosed In writing '.a the Company
by the insured claimant poor to the date die insured claimant became an Insured ander this Polley;
(c) melting in on loss or damage to the Insured claimant;
(d1 attaching or created subsequent to Dan of Pollen or
fel realties In loss or damage wbldi would not have been sustained it the Insured claimant bad paid vile for ma estate or interest Insured by this put
A Any claim which arises out of the ufasaction vending in the Insured the estate or interest Insured by fhb policy, by reason of the operation of talent kaatrapuy, state
Insolence, or similar creditors' rights law, that Is based Oni
(i) the transaction canting the estate or imeml insured by this policy being deemed a fraudulent coasyyante or Inudulent transfer; or
(it) the tnosaeuioo creating the estate or interest Insured by this policy being deemed a preferential smnsfer lampI when the preferential transfer results ttore the failure:
(a) to timely record the instrument of master; or
(b) of such recordation to impart notice to a purchaser for Sue or a judgment or lien creditor.
CONDITIONS AND sTIFUL I IOxs
1. DEFINITION OF TERMS reasonable cause) to tepreser:t die insured as w that st'b e s set hi action an;
The following teens when used in this policy mean: shall nor be liable for and will not pay tha fns of try aht,: count be Comps y
(a) "insured' . the insured named in Schedule A. and. subject to any rights or will not pay any fees, costs or expenses denial by do ics aril in t e. detente r +f
defenses the Company would have had against the named insured, those who suc- those causes of action which allege matters 1141 ;Mitred pains iy this policy
iced to the interest of the named Insured by operation of law as distinguished from (b) The Company shall have the tight, at its ow st cost. to insulate and prO %UI
purchase including. bur not limited to. heirs. disitibutees. devisees, survivors. per any salon or praeediag or to do any o'.her act which in to epiriitxt turd be neat ciat7
sonal representatives, next of kin, or corporate or Fiduciary aueeessors. or desirable to establish the tide to the estate or interest, as si.sored. or to prevent
(b) "insured claimant ": an insured claiming loss or damage. or reduce Toes or damage to the insured. The Company may isic any appropriam
tc) "knowledge' or " known'; actual knowledge, not a knowledge action under the temp of this policy, whether or not it sltail be liable hereunder .
or notice which may be imputed to an insured by reason of the public records as and shall not thereby concede liability or waive any provision of this policy. If the
defined in this policy or any other records which impact constructive notice of mat- Company shall exercise its rights wider this paragraph, it shalt do w diligently.
lers affecting the land. (c) Whenever lie Company shall have brought an action or ic.le :posed a defense
(d) "land": the land described or referred to in Schedule A, and improvements as required or permitted by the provisions of this policy. the Company rney pursue
affixed thereto which by law constitute real property. The term "land" dues any litigation to final determination by a wart of competent junsdicdon and ct
not include any property beyond the lines of the area described or referred 10 in press reserves the right. in its sole discretion. to appeal from any adverse )uuq-
Schedule A. nor any right. tide, interest. mum or casement n abutting streets. roads, mem or order.
avenues, alleys, lanes. ways or waterways, but nothing herein shall modify or limit (d) In co rani where this F v Cr' requires the Caa;leury :n pmsee,
the extent a which a right of access to and from the land is insured by this policy. or rovidc fat the defense oh any amen or pr rehab t. Ma m2urtt ' sc... k Rcg
(e) "mortgage' ": mortgage, dad of trust. wet dead, or other security instrument. to t Company dte right to so prosec or pmvidc ir is - M a in :lac t"ioa :r ptoe
(q "public records ": records established under sate statutes at Dale of Policy cceding, and all appeals tikerein, and permit th Company is arc, a! ti tpt t ht
for the pp of "moaning constructive nonce of m olten relating to red property name of the miaow' for thin m eau . Whenever aegn by la c C th
to purchasers for value and without knowledge. With respect w Section pally() y) insurd, at the Comet, nny's expense, shalt give the Company all rcawnnble aid ii)
Exclusions of the Exclusi ons From Coverage. "public records s halt also include environmen-
the in any action or prrceding, securing e o(rainmg worrisol. (
fo pdon lien led in the a the deck of the United Stites district court or defending the action or proceeding, or effecting adaemeat, and "id in any :tier
for e distinct in which the land nd is leafed. or set which in the option of the Company may be necesaa"t ,: desirable it
(g) - 'unmarketabiiiry of the tide ": an alleged or apparent matter affecting the publish the tick to the estate or idetcss as insured. 17 tie Coa.p is prejudiced
title to the land. not excluded or excepted from coverage. which would entitle a by the failure of the insured to furnish the requital cooperation, the Con jsauy s
purchaser of the sate or interest described In Schedule A to be released from the o to the i nsured ce der the po shall tettnmap', 1tCttld'Ing any lability
obligation to purchase by vinue of a eontrtaual condition requiring the delivery or obligation to defend, prosecute. or continue any libgatwrt, with regard i th
of marketable tide. matter or maws requiring snub cooperation.
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE 5. PROOF OF LOSS OR DAMAGE.
The coverage of this policy shall continue in fern u of Date of Policy in favor In addition to and after de notices = nude" Sc tic afryz C nditi.
of an insured only so long as the insured retains an estate or interest in the land, ad ip
s autiona breve beco provided the C ompany. s psvo m )mss c r ,'LT re riga&
or holds an indebtedness secured by a purchase money mongage given by a our an d aware to by d u :y the insured claimant shah be furturhe de to within
chaser from the insured. or only so long as the insured shall have liability by reason qp dayc Haar the insurer) aairnmtt shall ascatsm the .at[T gi, tg Lim tit ale IeYs
of covenants of warranty made by the insured in any transfer or conveyance of or damage. The proof of loss or damage shall desorfx lea ditfrel in. or lire or
the estate or interest, This policy stall not cominue in force in favor of any pub encum o the tid or ot her ma insu a fa' t . • ui b t hat • ;, •fwy v hi - ca
ebaser from the insured of either (1) an estate or interest in the land. or (it) an tn halts the basis of loss or damage and shall state, to the caters ;a:stihk. dtr 'ate:
debtednen secured by a purchase money mortgage given to me insured. or celculatin the amount of dm loss or damp. If ths Coraptry i'i. prejudiced F'y
3, NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT the failure of de muted claimant to provide die requital roof o.' loss ter damag
The insured shall foray the Company pro/yarn in writing (i) in ease of any bugs- Mc Company's obligations w the insured under the (xJiyry Shall Millt u nctudmg
non as set fonh in Section e(a) below, (ii) in ase knowledge shat come let an in- any debiliry or obligation In defend' Prosx.txt, or axnlallun soy liitgnti With regard
surd hereunder of any claim of tine of rutted which is adverse to the title to the to In aie matter or ratan
insured Claimant requiring y reasonably be loss or d ( it w eaam(nn
pate or interest, ay be as insured, ad w f this mug , Or i iil if ft dm to di for at e oh the d on under oath by authorized esentative of time Company seal shall produce
Company may bee is se e by vinue of this able I m (m) notice w (de Mat e y io�tion and copying. at Such reasonable tints wad plan as
loes as ensured, is rejected e as insured umd all unmarketable. it liability of the Company shall t Coax mesh not t be erminate for a y h examination. d
w the Company, then as to the nured all of the Company ra d designated by any authorized representative of Me Company, all records,
with regard to the matter or matters for which prompt notice is required; provided, books, ledgers, checks conespond and memoranda, whether beating a date
however. that failure to notify the Company shall m no case Prejudice the rights before or after Dale o as d Pokey, which reasonably penain to the loss or damage.
of any insured under this policy unless the Company shall be pmjudicd by the Further, if scquenel by any authorized representative of the Company, the insured
failure and then only to the extent of tie prejudice. claimant shall gem its permission, its sorting, for any authorized tepreserttatn e
of the Concurs to marainc, inspect and copy W months. hook: latirs, checks,
4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED conespondence and memoranda in flan cuudy or x yrol of s third pony. which
CLAIMANT TO COOPERATE reasonably penain m the loss o damage. All information desrptartd es arnfsdeitiol
(a) Upon written request by Use insured and subject to Use options combed in by the insured claimant provided to the Company j pursuant Mil Section dull il
Section 6 of more Conditions and Stipulations, the Company, at its own cost and he disclosed to i unless, in tit claim. i t o of the turbid o f the Company. S
without unreasonable delay, shall provide (of the defense of an insured in litigation necessary other u e. the requested ie ID i t t is
ti -
in which any third parry amens a claim adverse w re
the title or iiteat u insured, mit for examination snider meth, pmduee
but only as to these stated causes of action alleging a defect, lien or encumbrance or grant permission to seas reasonably necessary ibiosmanon from third mutes
..y in.,, »e eosins: by this i ntime. me Company shall have the right as required in the above puagraph shall terminste any liability of the Company
OCT. 25. 1999 1:32PM PITKIN COUNTY TITLE NO. 9502 P. 4/9
FNT
• SCHEDULE A- OWNER'S POLICY
CASE NUMBER DATE OF POLICY AMOUNT OF INSURANCE POLICY NUMBER
PCT13458 10/01/99 ® 1:44 P.M. $ 8,000,000.00 1312- 158496
1. NAME OF INSURED:
KID'S STUFF FOUNDATION INC., A COLORADO NOT -FOR- PROFIT CORPORATION
2. THE ESTATE OR INTEREST IN THE LAND HEREIN AND WHICH IS COVERED BY THIS POLICY IS:
IN FEE SIMPLE
3. THE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF POLICY VESTED IN:
KID'S STUFF FOUNDATION INC., A COLORADO NOT - FOR - PROFIT CORPORATION
4. THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE COUNTY OF PITRIN,
STATE OF COLORADO AND IS DESCRIBED AS FOLLOWS:
LOT 5,
STILLWATER RANCH SUBDIVISION /PUD, according to the Plat thereof
recorded December 30, 1994 in Plat Book 35 at Page 86.
PITKIN COUNTY TITLE, INC.
601 E. HOPKINS AVE.
ASPEN, COLORADO 81611
(970) 925- 1766/(970)- 925 -6527 FAX
THE POLICT NUMBER SHOWN ON THIS SCHEDULE MUST AGREE WITH THE PREPRINTED NUMBER ON THE COVER SHEET.
OCT. 25. 1999 1:32PM PITKIN COUNTY TITLE NO.9502 P. 5/9
SCHEDULE B- OWNERS
CASE NUMBER DATE OF POLICY POLICY NUMBER
PCT13458 10/01/99 Q 1:44 P.M. 1312 158.496
THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, enchroachments,
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 heretofore or
hereafter furnished, imposed by law and not shown by the public records.
5. Water rights, claims or title to water.
6. Taxes for the year 1998 are exempt.
7. Right of way for ditches or canals constructed by the authority of
the United States as reserved in United States Patent recorded
December 14, 1911 in Book 55 at Page 196.
8- Terms, conditions, provisions, obligations and all matters as set
forth in Resolution of the Board of County Commissioners recorded
December 20, 1994 in Book 770 at Page 783 as Resolution No. 94 -233.
9. Terms, conditions, provisions and obligations as set forth in
Utility Connection Permit and Water Service Agreement recorded
December 30, 1994 in Book 770 at Page 791.
10. Those terms, conditions, provisions, obligations, easements,
restrictions, assessments and all matters as set forth in Protective
Covenants for Stillwater Ranch Subdivision /PUD recorded December 30,
1994 in Book 770 at Page 796, deleting therefrom any restrictions
indicating any preference, limitation or discrimination based nn
race, color, religion, sex, handicap, familial status, or national
origin.
11. Terms, conditions, provisions, obligations and all matters as yet
forth in Subdivision Improvements Agreement recorded December 30,
1994 in Book 770 at Page 818.
12. Terms, conditions, provisions and obligations as set forth in
Fisherman's Easement Agreement recorded December 30, 1994 in Book
770 at Page 821.
13. Easement and right of way for the continued flow of the Roaring :roc's
River.
(Continued)
OCT. 25. 1999 1:33PM PITKIN COUNTY TITLE NO. 9502 P. 6/9
POLICY NO. 1312 - 158496
CASE NO. PCT13458
SCHEDULE B OWNERS -- EXCEPTIONS -- CONTINUED --
14. Any question, dispute or adverse claim as to any loss or gain of land
as a result of any change in the river bed location by other than
natural causes, or alteration through accretion, reliction, erosion
or avulsion of the center thread, bank, channel or flow of waters in
the Roaring Fork River River lying within subject land; and any
question as to the location of such center thread, bed, bank, bed or
channel as a legal description monument or marker for the purposes of
describing or locating subject lands.
NOTE; There are no documents in the land records of the Office of the
Clerk and Recorder of Pitkin County, Colorado accurately locating
past or present location(a) of the center thread, bank, bed, or
channel of the above River or indicating any alterations of the same
as from time to time may have occured.
AND
Any rights, interest or easements in favor of the riparian owners,
the State of Colorado, The United States of America, or the general
public, which exist, have existed, or are claimed to exist in and
over the waters and present and past bed and banks of the Roaring
Fork River River.
15. Easements, rights of way and all matters as disclosed on Plat of
subject property recorded December 30, 1994 in Plat Book 35 at Page
86.
16. Terms, conditions, provisions, obligations and all matters as set
forth in Ordinance No. 11, Series of 1997 by Aspen City Council
recorded June 23, 1997 as Reception No. 405614.
17. Terms, conditions, provisions and obligations as set forth in
Occupancy Deed Restriction recorded October 17, 1997 as Reception No.
409578.
18. Terms, conditions, provisions and obligations as set forth in Trench,
Conduit and Vault Agreement with Holy Cross Electric Association,
Inc., recorded December 9, 1997 as Reception No. 411465.
19. Terms, conditions, provisions and obligations as set forth in Holy
Cross Electric Association, Inc. Underground Right -of -Way Easement
recorded October 15, 1998 as Reception No. 423233.
20. Terms, conditions, provisions and obligations of Contract for Electric
Service granted to Holy Cross Electric Association, Inc. recorded
October 15, 1998 as Reception No, 423228.
(Continued)
OCT. 25. 1999 1:33PM PITKIN COUNTY TITLE NO.9502 P. 7/9
POLICY NO. 1312 - 158496
CASE NO PCT13458
SCHEDULE B- OWNERS -- EXCEPTIONS -- CONTINUED --
21. Terms, conditions, provisions and obligations as set forth in
Sidewalk, Curb and Gutter Improvement Agreement recorded July 12,
1999 as Reception No. 433254.
22. Deed of Trust from : KID'S STUFF FOUNDATION INC., A COLORADO
NOT- FOR - PROFIT CORPORATION
To the Public Trustee of the County of Pitkin
For the use of : PITKIN COUNTY BANK & TRUST CO.
Original Amount : $2,571,000.00
Dated : October 19, 1998
Recorded : October 19, 1998
Reception No. : 423400
OCT, 25. 1999 1:33PM PITKIN COUNTY TITLE NO. 9502 P. 8/9
IL OPTIONS TO FAX OR O M1RWISE SETTLE CIAIMS; TERMINATION 11. LIABILITY NONCUMULATIVE
OF LIABILITY It is apraaly [[Stolid t hat the mount of iasmran:e under this policy shall
In me of • claim under this policy. the Company shall have the following ddi- be reduced by any arab= the Consfa.Y may pay wider any policy inwrmg • owe'
lional options: _ taste to which exception is tam in Schedule B or to wbicb the moved has agreed.
(a) To AY or Tender Paym1 of the Amount of lowoaroae. assumed, or takes subject, or which is hereafter executed by an insured nod which
To pay nr tender payment of du amounts of Laurance lo thi policy together is • charge a lien on paid table b interest dtic d p a referred this o Schedule
dim
with any ants. tone's' feea sod expenses inwnd by the loaned claimant, which A and the amount w pd shag be deemed ■ p und N is polity 10 dm
were emboss= by die Company, up le the use of payment a tender of payment insured owger.
ad which the Company is obliptd to pay. 12. PAYMENT OF LOSS
Upon the exercise by the Company of this option, all liability and obliptienss (a) No p°ymeut shall be made without producing this policy for endorsement of
to the insured under this policy, other thaw to make the payment remind, shall the Patron* unless the policy hat bn Ws or desd m
roy. which Case proof of
terminate, including any liabiluy or obligalioo to defend, prosecute. or mouse loss se lo or deshutio shall be fo a misls(' to the satisfsadon of the Company.
any litigation, and lie policy shall be surrendered to the Company for cancellation. (b) When l and the extent of loss or damage her been defmitcly fixed in
(b) To Pty or Otherwise Settle With hates Other than the Insured i0codance with then Conditions and Stipuations. the lees or damage shall be payable
Or With the Inured Claims& within 30 drys thereafter.
(i) to pay or othawi11 aemle witA titer pasties for or N the of an insured 17. SUBROGATION UPON PAYMENT OR SETTLEMENT
claimant any claim insured against under this policy, together with any costs, at- (s Thu C ompgy s Right d Bnhreptlen.
d
torneyi fees and expenses incurred by the insured claimant which wen authorized Wbmac'a due Company shall have settled and paid a claim modes duis policy,
by the Company up to the time of payment and which the Company is obligated all nigh of wbrogatlon sh all vest i We Company us affett ed by any act o f We i n-
to pay; or sated cl aimant.
pi) a pay or othewise Berle with the insured claimant the loss or damage pro- The Company slap be suit ed m and be entitled t all rights and remedies
vatted for under this policy. together with any costs, attorneys' fees and which the insured claimaltnticeyy°°uld beve had again[ any persat or property In swpect
to the claim expenses incurred by the insured clamant which was authorized by she Company mired claim ad h a thin u po4
oo no m the company f r rig an =ethos apNS any
Up 10 the time of payment and which t Company is obligated o Pay.
Upon the exercise by the Company of either of du opime puvided for in p.ra�apbc persona prepay nmasgry in order to esz dm this right of subrogation. The in-
(bHi) a CO, the Company's obligations m the insured under this po licy for ibe S t *ail permit the Cortrpao n we, compmm m site In i nee
claimed loss or damage, other than the payments required to be made, shall ter- of lbm Inwred almost an m 1311 the nr i nsured cWmanm in my tran11t-
miaase, including any liability or obligation to defend, prosecute or continue any won or ay me n z unchains a n does a to todi full es.
0ugation. 1f a periwig on accoun of a claw of y cover the f she Moused
Ins o
claimant, the Company shall he ayment ed to these Tights and readies in ihe pro
7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE portion which the Cm ay �a s payment bears to the whole autumn of the lose.
This policy is a wmract of indemn aping actual monetary loss or damage If loss should resuh fmm any set of the insured claimant, as suited above, that
sustained or incurred by the insured claimant who her suffered loss or damage by act shall not void this policy, but the Company, in sbn event, shall be required
reason of mantra insured against by this policy ad only to the extent herein described. to pay only that part of awry losses insured again[ by that policy which dull exceed
(a) The liability of the Company under this policy shall not 'need It least of: the amount, if any, lost to the Company by reason of the impairment by the insured
(1) the Amount of insurance sated in Schedule A; or, - claimant of the Company's right of subrogation.
(11) the difference between the value of the insured estate or interest as insured (b) The Company's s Rights Aping Non-Insured Obligors.
and the value of the insured estate or interest subject to the defect, lien or encum- The Company s right of subrogation against non - insured obligors shall exist ad
brance insured against by this policy. shall =elude. without limitation, iht rights of the insured to indciuwlies, gunnies,
(b) In the event the Amount of Insurance gated In Schedule A at the Date m
e of other policies of maa cat or bonds. notwithstanding any mans or cotoions con -
Policy is Las than 80 percent of the value of the insured estate et inaren or the naiad in those ioshanens which provide for subrogation rights by reason of this
full consideration paid for the estate or interest, whichever is less. or if subsequent policy.
to the Due of Policy an improvement is erected on the land which increases the 1d. ARBITRATION
value of the insured estate or interest by at lean 20 percent over t Amount of Unle rohibiud by applicable law, either the Company or the insured may de.
Insurance stated in Schedule A. then this Policy is subject m the following: nand arb pursuant to the Tide Insurance Arbitration Rules of the American
(1) where Ian subsequent improvement has been wide. as to any panial leas- Arbitration Association. Arbil/Ale manes may include, but are limited m
e not lited , any
the Company Shall only pay the 10•5 Pro nee in the propinion ghat We amount o
controversy a claim between the ed the insured aril out of a relating
insurance at Date of Policy bears 10 the lout value of the estate or inter= u Dale °RY Company arising m
of Polity; or m ibis policy, any service of the Company in connection with a issues= or s
breach of a policy provision a th
other obligation. All arbitrable mutters when e
where • subsequent improvem•ml has her oracle. at o any partial lea,
Me Company shall only pay the lees pro rata in the proponion that 120 percent the Co of banana is red. A000 a less shall er arbitrated hethe A the option of either e
of the Amount of Insurance slated in Schedule A bean to the sum of the Amount the Company or the insured. All arbitrated ate mates when the to by both of insur
of Insinuate stated m Schedule A and the amount expended for the improvement. is in excess of f s ,000.000 shall be p ant 0 who agreed to bode the Cot
The provisions of this paragraph shall not apply ta
m ns, anrneys' fees and es- Patsy and the assent Arbitration pursuant '
is this policy e option under o the Rules i
penes for which the Company is liable under this policy, and shall only apply m the Rides the doe the d Dew a fa h y i s ha h c b inds gr at t option o . t The aur w
Ilul portion of any loss w
P° ma include in effect y Dam of Polecy shall be biding the die pathos. The award
inch exceeds, in the aggregate, 10 percent of the Amount nP°p
of Insurance slated in Schedule A. may a mo attorneys' fait only if 0t laws of the suite m which d Land to loathe
(c) The attorneys' fees ad expenses Mum= award a dar to awed attorneys' fay m e tar i prevailing party. hving rudiment upon de
in accordance with these pay only dense costs. atto ese Conditions and Stipulations. award renderod by the Aabitnmr(s) may be emend i any court having jurisdiction
th mf-
8. APPORTIONMENT The taw of the sans of the lad shall apply to an arbitration under the Title Ire -
If the land described in Schedule A consists of two or more parcels which are sunny Arbitration Bales
not used as a aiogle site, and a loss is established affecting one or more of the parcels A copy of the Ruler may be obtained from the Company upon request.
but not all, see toss shall be computed and settled on a Caw rata basis as if the amount 15. IIABDIIY LIMITED TO TIIIS POUCY• POLICY ENTIRE CONTRACT
of insurance under this policy was divided pro rata as to the vale on Date of Policy (y This policy mgaba with all cadent: ats, ( any. amebas bade by the Corn-
of each separate putel to the whole, exclusive of any improvements made tubas-
quern w Date of Policy , unless a liability or value has otherwise been agreed upon interpreting stn C oy p Ply and contract , ibis policy the insured and sloe Compoy le
as to each parcel by the Company and the inured a the time of the issuance of interpreting any provsso of this policy, this policy s be egli construed as a whole.
this policy and shown by an =pros statement a by as endorsement attached 10 arises Any claim of less of the tide damage, whether a not based on negligence. ve eby or by
an a out of the ng such of sloe lids al she estate to or imams covered hereby of by
this policy.
any action asserting such claim, shall be restricted to this policy.
f. LIMITATION OF LIABILITY (c) No amendment of or endorsement to this policy an be made except by a
(a) 0 the Company establishes the title, or removes the alleged defect, lien or writing endorsed hereon or =ached hereto signed by either the Presiders, a Via
encumbrance. or cum the lack of a right of sass to or from the 1.5, or cures Presider, the Seaaary, an Assistant Secretary, or validaing officer or authorized
du claim of unmarketebility of tide or otherwise establishes der lien of the insured signatory of ire Company.
montage, all as insured, in a reasonably diligent manner by any method, including sod 1 6 , SEVERA8ILITY
litigaion d she completion of any appeals therefrom, it shall have fully performed
its obligations with respm to that matter and shall not be liable for any lags or In du ever any provision of the policy it held invalid or unenforceable under
damage caused thereby. applicable law, the policy shall bc dcaned not to include that provision and all other
Qs) In the event of any litigation, including litigation by the Company or with Provisions shall remain in MI force end effect.
fie Company's raiment, the Company shall have no habrlity for loss or damage It NOTICRS. WIIBRE SENT
until there has been • final determsauoo by a COME Of wmpacnt jurisdiction, and All neat ngmhd so be given the Company and any matement in writing re.
disposition of all appeals therefrom, adverse to de tide as insured. quits= to be (washed the Company shall include the mumbo of this policy and
(c) The Company shall of he liable for logs or damage to any iawcd for liability shall bc addsewd to to Company al:
voluntarily assumed by the Mond in settling any chum or suit without the prior 15delity National Title Insurance Company
written want of due INSURANCE; Ill. REDUCTION OF INS REDUCTION OR TERMIDNA710N OF National Claims Administration
LIABILITY 17911 Von Karmen Avenue, Suite 300 All payments under this policy, except payments ode for Cast amorncyi feet Irvine, CA 92614
and expenses, shall reduce the amount of the insurance pro unto.
ATTACHMENT 5
One Step Review by Planning Commission
1. Attend pre application conference. During this one -on -one meeting, staff will determine the
review process which applies to your development proposal and will identify the materials necessary to
review your application.
2. Submit Development Application. Based on your pre- application meeting, you should respond to
the application package and submit the requested number of copies of the complete application and the
appropriate processing fee to the Community Development Department.
3. Determination of Completeness. Within five working days of the date of your submission, staff
will review the application, and will notify you in writing whether the application is complete or if
additional materials are required. Please be aware that the purpose of the completeness review is to
determine whether or not the information you have submitted is adequate to review the request, and not
whether the information is sufficient to obtain approval.
4. Staff Review of Development Application. Once your application is deemed complete, the
review by the Commission will be scheduled on the first available agenda given the requirements for public
notice. Staff will refer the application to other agencies for comments. The Planner assigned to your case or
the agency may contact you if additional information is needed or if problems are identified. The Planner
will prepare a review memo which addresses the proposal's compliance with the Land Use Code and
incorporates the referral comments. The Planner will recommend approval, denial or tabling of the
application and recommend appropriate conditions to this action. You will be called to pick up a copy of the
memo and the agenda at the end of the week before your hearing, or we can mail it to you if you so request.
5. Planning Commission Review of Development Application. Your project will be presented to
the Commission at a regularly scheduled meeting. The typical meeting includes a presentation by staff, a
presentation by you or your representative, questions and comments by the review body and the public, and
an action on the staff recommendation, unless additional information is requested by the review body.
Final approval of any Development Application which amends a recorded document, such as a plat,
agreement or deed restriction, will require the applicant to prepare an amended version of that document for
review and approval by staff. Staff will provide the applicant with the applicable contents for the revised
plat, while the City Attorney is normally in charge of the form for recorded agreements and deed
restrictions. We suggest that you not go to the trouble or expense of preparing these documents until the
staff has determined that your application is eligible for the requested amendment or exemption. Any
document required to be recorded, such as a plat, deed restriction or agreement, will need to be reviewed
and recorded before a Building Permit is submitted.
6. Receipt of Building Permit. Once you have received final approval of your development
application, you may submit a building permit. Your project will be examined for its compliance with the
Uniform Building Code and will be checked for compliance with applicable provisions of the Land Use
Regulations which were not reviewed in detail during the one step review (this might include a check of
floor area ratios, setbacks, parking, open space and the like). Fees for water, sewer, parks and employee
housing will be collected if due.
•
City of Aspen
Fax
To: Chris Wyman From: Fred Jarman
Fax: 544.0565 Pages: 4 including cover
Phone: Date: 8/22/00
Re: Stream Margin Review Standards CC:
❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle
• Comments:
Dear Chris,
It was nice to talk with you about your application. As promised, here are the standards that we would
like you to respond to individually. Also, I was informed that you might want construct a building in the
area of the existing fenced in area /corral. Since you are a Specially Planned Area (SPA), this would
require an amendment to the SPA. We can do this if you like because of the timing of the Planning and
Zoning Commission is not until the 3 of October.
Let me know what you think.
Thanks,
Fre420.51 02)
Purt 400 DceclopnIuw Rcvlc‘v 54 ndards and PIUCCdnrcti s . 1 1) );$Hai
•
The recommendations of the Aspen Area Community Plan: Parks /Recreation/Trails Plan are
implemented in the proposed development, to the greatest extent practical.
26.435.040 Stream Margin Revie J
A. Applicability. The provisions of the Stream Margin Review shall apply to all development
within one hundred (100) feet, measured horizontally, from the high water line of the Roaring Fork
River and its tributary streams, and to all development within the Flood Hazard Area, also known
as the 100 -year flood plain.
B. Exemptions. The Community Development Director may exempt the following types of
development within the Stream Margin Review area:
1. Construction of pedestrian or automobile bridges, public trails, or structures for
irrigation, drainage, flood control or water diversion, provided plans and specifications are
submitted to the City Engineer demonstrating that the structure is engineered to prevent
blockage of drainage channels during peak flows and the Community Development Director
determines the proposed structure complies, to the extent practical, with the Stream Margin
Review Standards.
2. Construction of improvements essential for public health and safety which cannot be
reasonably accommodated outside of the "no development area" prescribed by this Section
including, but not limited to, potable water systems, sanitary sewer, utilities, and fire
suppression systems provided the Community Development Director determines the
development complies, to the extent practical, with the Stream Margin Review Standards.
3. The expansion, remodeling, or reconstruction of an existing development provided
the following standards are met:
The development does not add more than ten (10) percent to the floor area of the existing
structure or increase the amount of building area exempt from floor area calculations by
more than twenty-five (25) percent. All exemptions are cumulative. Once a development
reaches these totals, a Stream Margin Review by the Planning and Zoning Commission is
required; and,
The development does not require the removal of any tree for which a permit would be
required pursuant to Chapter 13.20 of this Code.
The development is located such that no portion of the expansion, remodeling or
reconstruction will be any closer to the high water line than is the existing development;
(a) The development does not fall outside of an approved building envelope if
one has been designated through a prior review; and
- 124 -
•
Put 400 Dcvclnpmenr Rev Staiahrrds and Proc:inres Soninn 2.6 435A40
(b) The expansion, remodeling or reconstruction will cause no increase to the
amount of ground coverage of structures within the Flood Hazard Area.
All exemptions are cumulative. Once a development reaches the totals specified in
sub - section (a) above, a stream margin review must be obtained pursuant to this
Section.
C. Stream Margin Review Standards. No development shall be permitted within the Stream
Margin unless the Planning and Zoning Commission makes a determination that the proposed
d evelopment complies with all requirements set forth below:
1. It can be demonstrated that any proposed development which is in the Special Flood
Hazard Area will not increase the base flood elevation on the parcel proposed for
development. This shall be demonstrated by an engineering study prepared by a professional
engineer registered to practice in the State of Colorado which shows that the base flood
elevation will not be raised, including, but not limited to, proposing mitigation techniques
on or off -site which compensate for any base flood elevation increase caused by the
development; and
2. The recommendations of the Aspen Area Community Plan: Parks /Recreation/Open
Space /Trails Plan and the Roaring Fork River Greenway Plan are implemented in the
proposed plan for development, to the greatest extent practicable. Areas of historic public
use or access shall be dedicated via a recorded easement for public use. A fisherman's
easement granting public fishing access within the high water boundaries of the river course
shall be granted via a recorded "Fisherman's Easement;" and,
3. There is no vegetation removed or damaged or slope grade changes (cut or fill) made
outside of a specifically defined building envelope. A building envelope shall be designated
by this review and said envelope shall be barricaded prior to issuance of any demolition,
excavation or building permits. The barricades shall remain in place until the issuance of
Certificates of Occupancy; and
4. The proposed development does not pollute or interfere with the natural changes of
the river, stream or other tributary, including erosion and /or sedimentation during
construction. Increased on -site drainage shall be accommodated within the parcel to prevent
entry into the river or onto its banks. Pools or hot tubs cannot be drained outside of the
designated building envelope; and
5. Written notice is given to the Colorado Water Conservation Board prior to any
alteration or relocation of a water course, and a copy of said notice is submitted to the
Federal Emergency Management Agency; and
6. A guarantee is provided in the event a water course is altered or relocated, that
applies to the developer and his heirs, successors and assigns that ensures that the flood
carrying capacity on the parcel is not diminished; and
- 125 -
Put 40U - Dacinpmant Rcvicm S( hPdUYds and Prueedwm ]O 26 141U
7. Copies are provided of all necessary federal and state permits relating to work within
the one - hundred -year floodplain; and
8. There is no development other than approved native vegetation planting taking place
below the top of slope or within fifteen (15) feet of the top of slope or the high waterline,
whichever is most restrictive. This is an effort to protect the existing riparian vegetation and
bank stability. (See Figure "A" below for illustrative purposes); and
9. All development outside the fifteen (15) foot setback from the top of slope does not
exceed a height delineated by a line drawn at a forty-five (45) degree angle from ground
level at the top of slope. Height shall be measured and determined by the Community
Development Director using the definition for height set forth at Section 26.04.100 and
method of calculating height set forth at Section 26.575.020 (See Figure "A" below for
illustrative purposes); and
10. A landscape plan is submitted with all development applications. Such plan shall
limit new plantings (including trees, shrubs, flowers, and grasses) outside of the designated
building envelope on the river side to native riparian vegetation; and
11. All exterior lighting is low and downcast with no light(s) directed toward the river or
located down the slope and shall be in compliance with section 26.575.150; and
12. Site sections drawn by a registered architect, landscape architect, or engineer are
submitted showing all existing and proposed site elements, the top of slope, and pertinent
elevations above sea level; and
13. There has been accurate identification of wetlands and riparian zones.
(Ord. No. 47 -1999, §3)
Development :. t
Figure " allowed within
progressive
height limit
M1
- 126 -
MEMORANDUM
TO: Plans were routed to those departments checked -off below:
X City Engineer
O Zoning Officer
O Housing Director
O Parks Department
O Aspen Fire Marshal
O City Water
O Aspen Consolidated Sanitation District
O Building Department
O Environmental Health
O Electric Department
O Holy Cross Electric
O City Attorney C�.
O Streets Department t 1
O Historic Preservation Officer
O Pitkin County Planning
X County & City Disaster Coordinator
FROM: Fred Jarman, Planner
Community Development Department
130 S. Galena St.; Aspen, CO 81611 �°
Phone - 920.5102 Fax- 920.5439
RE: The Silver Lining Ranch Stream Margin Review
1490 Ute Avenue, Aspen, Colorado
DATE: August 22, 2000
DATE OF DRC MEETING: August 30, 2000
REFERRAL SCHEDULE
APPLICATION SENT OUT TO REFERRAL AGENCIES* August 22, 2000
WRITTEN REFERRALS DUE September 13, 2000
Thank you,
Fred