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HomeMy WebLinkAboutLand Use Case.17 Ute Pl.0018.2013.ASLU THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0018.2013.ASLU PARCEL ID NUMBERS 2737 18 265 001 PROJECTS ADDRESS 17 UTE PLACE PLANNER JUSTIN BARKER CASE DESCRIPTION INSTUBSTANTIAL PUD AND AMENDMENT REPRESENTATIVE STEEV WILSON DATE OF FINAL ACTION 6.4.13 CLOSED BY ANGELA SCOREY ON: 7/1/13 2�5 001 o �• y � ?�n�,l f" WV permits y F, n File Edit Record Wigate Form ttePOrts Format Tab Help o G lump 1 t E r Status F1es Fee Summary Main Adions Attachments.Routing History Valuation Arch/Eng Custom Fie Sub Perms Parcels a. Permit aslu Aspen land Use Permit- 0018 2013.ASLU i Address 17 LITE PL Apt/Suite' i p City �SPEN state CO Zip 81611 1 Permit Information_ Master permit --� Routing queue aslu0? Applied 03'15 2013 -- ? Project status pending I Approved <4 1 1 Description APPUCATION FOR FINAL PUD � Issued r Closed,/Final Submitted S1EEL't"ALSON -� Clock Running Days'':; 0 Expires�03i10,'201 Owner Last name BURCH First name DENNIS PO BOX 1860 BELJTONVILLE AR 72 712 Phone i, Address Applicant Q Owner is applicant? F1 Contractor is applicant? Last name First name STEEll 11 t SOUTH SPRING ST r '202 Phony f9?0 27 44109 Cust 129461 AdArgss lASPFN Ian 21611 l Lender Last name First name Phone ( ; Address ` N _ . AspenGaldS(server angelas tyler CITY OF ASPEN Permit Receipt RECEIPT NUMBER 00033366 Account Number: 29461 Date: 3/15/2013 Applicant: STEEV WILSON Type: check #66 AND CASH $30.00 Permit Number Fee Description Amount 0018.2013.ASLU Planning Hourly Fees 975.00 Total: $975.00 RECEIVED VIAI� 1 5 2013 CITY OF ASPEN 'JOMMUNPY DEVELOPMENT AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: , Aspen, CO STATE OF COLORADO ) ss. County of Pitkin ) I, S (name, please print) being or re esenting an Applicant tote City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: V Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least 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. Signature The foregoing "Affidavit of Notice" was acknowledged before me this day of a%vr x- 20 by ►�, �, S NOTICE PUBLIC DEVELOPMENT APPROVAL WITNESS MY HAND AND OFFICIAL SEAL Notice is hereby given to the general public of the approval of a site specific development plan,and the creation of a vested property right pursuant to 11. the Land Use Code of the City of Aspen and Title M commission expires: 4 1 — 24,Article 88,Colorado Revised Statutes,pertain- y p ing to the following legally described property:Lot 1,Subdivision Ute Place,County of Pitkin,State of Colorado;commonly known as 17 Ute Place,by order of the City of Aspen Community Develop- ment Department on June 5,2013. The Applicant received approval to amend the Ute Subdivision PUD to adjust the building envelope of Lot 1 that Notary Public shifts the envelope toward the back of the property. The changes are depicted in the land use applica- tion on file with the City of Aspen. For further in- formation contact Justin Barker,at the City of As- pen Community Development Dept.130 S.Galena St,Aspen,Colorado(970)429-2797. s/City of Aspen ATTACHMENTS: 20u 3s[926987o;spen Times Weekly on June 13, COPY OF THE PUBLICATION DEVELOPMENT ORDER of the 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-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. 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. Dennis Burch 17 Ute Place LLC P.O. Box 1860 Bentonville AR 72712 Property Owner's Name, Mailing Address Lot 1, Subdivision Ute Place, County of Pitkin State of Colorado; commonly known as 17 Ute Place Legal Description and Street Address of Subject Property Insubstantial PUD Amendment for a Building Envelope Adjustment Written Description of the Site Specific Plan and/or Attachment Describing Plan Approval by the City of Aspen Community Development Department for an Insubstantial PUD Amendment; application received on 3/15/2013• approval granted on 6/5/2013 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) June 13 2013 Effective Date of Development Order (Same as date of publication of notice of approval.) June 14 2016 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued t is 5th day o une, 2013, by the City of Aspen Community Development Director. Chris Bendon, Community Development Director RECEPTION#: 600199, 06/07/2013 at 10:29:59 A 1 OF 2, R $16.00 Doc Code APPROVAL Janice K. Vos Caudill, Pitkin County, CO NOTICE OF APPROVAL FOR AN INSUBSTANTIAL PLANNED UNIT DEVELOPMENT AMENDMENT TO THE BUILDING ENVELOPE CONTAINED ON UTE PLACE SUBDIVISION,LOT 1 Pa rc e 1 ID: 2737-18-2-65-001 --APPLICANT: -Dennis Burch, 17 Ute Place LLC, P.O. Box 1869 Bentonville, AR 72712 REPRESENTATIVE: Steev Wilson, Foru n Phi Architecture, 117 South Spring St., Suite 202,Aspen. SUBJECT& SITE OF APPROVAL: Ute Place Subdivision, Lot 1, involving a change to the j recorded building envelope. SUMMARY: The owner of Lot 1 requests a building envelope adjustment to pull the existing envelope further south and west. The Ute Subdivision PUD approvals prohibit any encroachments outside of the designated Improvement Envelope except as specified on the plat. The owner proposed to pull the existing envelope away from the pond and north property line in exchange for more envelope area on the south and west sides of the house to allow further development in those areas. ? STAFF EVALUATION: Community Development Staff uses a set of guidelines to determine the impact of a building envelope adjustment. Two of the primary areas of concern are potential changes in character of the lot and increased development possibilities. i The building envelope adjustment will not affect the character of the lot in a detrimental way. The ability to develop closer to the public trail is not a concern for the Parks Department. The difference in elevation between the trail and the proposed envelope prevents negative impacts to_the trail experience. The relocated envelope reduces development potential closer to the pond and Lot 17-R. The proposed developable area to the south is substantially blocked from view by a stone wall and landscaping. The amendment does not increase the size of the lot or the building envelope: the existing building envelope is 8,264 square feet and the proposed envelope is 8,264 square feet. Further Staff review criteria can be found as "Exhibit A." Page I of 3 DECISION: Staff finds that the Insubstantial PUD Amendment application provided by the Applicant, Dennis Burch, 17 Ute Place LLC (represented by Steev Wilson, Forum Phi Architecture) meets the applicable criteria and is appropriate for approval. APPROV D BY: Chris en on Date Community Development Director Attachments: Exhibit A—Insubstantial PUD Amendment Review Criteria (not recorded) Exhibit B —Amended Final Plat, Lot 1, Ute Place Subdivision (recorded) Page 2of 3 EXHIBIT A REVIEW CRITERIA& STAFF FINDINGS: 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. Staff Finding: The character of the PUD shall be retained and not negatively altered by this envelope adjustment. The envelope is moving closer to the public trail, but will not negatively impact the trail experience. Staff finds this criterion met. 2. An increase by greater than three percent (3%) in the overall coverage of structures on the land. Staff Finding: The development potential for the new envelope remains the same, being that the envelope size will not change. Stafffinds this criterion met. 3. Any amendment that substantially increases trip generation rates of the proposed development or the demand for public facilities. Not applicable. 4. A reduction by greater than three percent(3%) of the approved open space. Staff Finding: The amount of approved open space will not be reduced, being that the envelope size will not change. Staff finds this criterion met. 5. A reduction by greater than one percent (1%) of the off-street parking and loading space. Not applicable. 6. A reduction in required pavement widths or rights-of-way for streets and easements. Staff Finding: No pavement width or easements are being affected by the envelope adjustment. Stafffinds this criterion met. 7. An increase of greater than two percent (2%) in the approved gross leasable floor area of commercial buildings. Not applicable. Page 3of 3 8. An increase by greater than one percent (1%) in the approved residential density of the development. Not applicable. 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. Staff Finding: The building envelope adjustment request will require a newly recorded plat to reflect the change. The lot and its intended use remain consistent with the original approvals. This envelope amendment does not require a special variation from the approved uses or dimensional requirements. Staff finds this criterion met. Page 4of 3 SOOK X45 PAGE If n m m xY ENDED FINAL PLAT m� —— — — —— — — — — LOT 1, UTE PLACE SUBDIVISION a GANT CONDO i-- (F ORMERLY KNOWN AS TEN TEN UTE SUBDIVISION) "q ASSOC. IN,---- _`_`__�_ I ______ COUNTY OF PITKIN STATE OF COLORADO "W CITY OF ASPEN, 12'PUBLIC TRAIL EASE. / - _ _ --_ --- MIS PLAT AAT1VOS Flfff AYbf PING ENMF'LOP�' OF S.�IlI LOT >, 11S SAMY H�Rls'ON.• w 'e PUT BOOK 19 PAGE 80 / / o^ _--- -_-------- LEGEND AND NOTES CITY OF ASPEN I - * INDICATES FOUND MONUMENT AS DESCRIBED k GPS CONTROL // / /^ I - O INDICATES SET NO.5 RE13AR&CAP MARKED LS 33638 o w SU2EN / / _® AREA OF BUILDING ENVELOPE TO BE VACATED CITY ASPEN �PUS GPS COO NTROL / / - AREA OF BUILDING ENVELOPE TO BE ADDED MONUMENT W WARIER MARKED I7-R SUBDIVISION w GPS-1 �• / // �0/—' ^\\ LS 37972 SUBDIFISION OWNER:RODAN FAMILY OV1NG _ DATE OF SURVEY: JUNE 20,2012 _ _ I TRUST _ THE PURPOSE OF THIS AMENDED FINAL PUT IS TO REDEFINE THE BUILDING ENVIIOPE ON LOT 1,LITE PUCE SUBDIVISION(FORMERLY KNOWN AS OWNER;TEN TEN UTE H.O. o O ti� Assoc. TEN UNIT OF MEASUREMENT: US SURVEY FOOT _ _ _ \ 20'SHARED DRIVEWAY BEARINGS ARE BASED UPON A FOUND NAIL&WASHER MARKED LS 37972 AT THE NORTHWESTERLY CORNER OF SAID LOT 1 AND A FOUND EASEMENT N0.5 REBAR&CAP MARKED LS 32972 SOUTHWESTERLY CORNER OF SAID LOT 3,USING A BEARING OF N3339'45'W BETWEEN THE TWO DESCRIBED cbix � _� MONUMENTS AS SHOWN HEREON. '._ PUT BOOK 19 PAGE 80 -CITY OF ASPEN&PITKIN COUNTY ZONING: PUD R-15 7 °2 T o / / /-_- _7 \\ I -FLOOD ZONE DESIGNATION: ZONE X•AREAS DETERMINED TO BE OUTSIDE OF 500 YEAR FLOODPUIN'PER FEMA FLOOD INSURANCE RATE MAP PANEL 204 OF 325,MAP ID OW97CO2040 SCOVER EASEMENTS OR OTHER '8>, THIS SURVEY DOES NOT REPRESENT A TITLE SEARCH BY THIS SURVEYOR TO DETERMINE OWNERSHIP OR TO DI ENCUMBRANCES RECORD.ALL INFORMATION PERTAINING TO OWNERSHIP,EASEMENTS OR OTHER ENCUMBRANCES OF RECORD HAS BEEN TAKEN FROM TITLE INSURANCE COMMITMENTS ISSUED BY LAND TITLE GUARANTEE COMPANY.DATED EFFECTIVE APRIL 16,2012 AS ORDER N0. Q62004536-3. - ELEVATIONS ARE BASED UPON ON NAVO 88 AND THE CONTOURS ARE AT A 1'INTERVAL \ 20'UTIUTY EASEMENT ' �--- W�ER MARKED \/ /A> `d+ \ BOOK 561 PAGE 179 /\ —< AMENDED.FT. ENV, .> \ /- LS 37972 / (8.284$0.FT. _ _ \ WALL ENCROACHMENT \\\ \ - �. (� ! \\ /- /� / /- �--` ' KNOW ALL MEN BY THESE PRESENTS: EASEMENT \ I \ // /i-- 1.41 a LLf BEING SOLE OWNERS IN FEE SIMPLE OF ALL THAT REAL PROPERTY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS' \ \ \ / /- THAT THE UNDER"CI'IE .��IO�_r- BOOK 626 PAGE 103 \ `r. - j \ / g _ _ LINE TABLE \ "5•— \\ / LOT 1,UTE PUCE SUBaV190N(FORMERLY KNOWN AS TEN TEN UTE SUBDIVISION),ACCORDING TO THE PLAT TNEREOF RECORDED JUNE 19,1987 IN PLAT BOOK 19 AT PAGE 80 AND LINE BEARING DISTANCE \ /, ,S �" FIRST AMENDMENT RECORDED APRIL I 1988 IN BOOK 587 A7 PAGE 179 AND SECOND AMENDMENT RECORDED APRIL 12,1997 IN BOOK 843 AT PAGE 898. LI N6370'21'E 20.]6 s/�y\\ -" L23 558'08"47"W 11.21 N / / \ / --/ �" CONTAINING 0.890 ACRES,MORE OR LESS.HAVE CAUSED THE DESCRIBED REAL PROPERTY TO BE SURVEYID,LAID OUT AND PUTTED AS SHOWN ON THIS"AMENDED FINAL PUT OF LOT \ / t,UTE PUCE SUBDIVISION(FORMERLY KNOWN AS lEN TEN LITE SUBDIVISION)'.A SUBDIVISION IN THE COUNTY OF PITKIN• L2J 533' '13' 3.03 \ ,y L28 s%T)6'47"w 18.92 C 1� Yew / / LOT 4 IN WITNESS WHEREOF SAID OWNER(S)HAS CAUSED HIS NAME TO BE HEREUNTO SUBSCRIBED THIS Za CIA OF NL0.Y A.D.203. 'Try / - //FOUND NAIL& UTE PLACE WASHER 37972 IRKED SUBDMS/ON —BY. �.1..�>c• ��'i'veti � L31 53353'13'£ S6.B8 \ ^�, j ('' / (7 / / OWNER: LSON TRUST OWNERS Liz N58ro6'4TE 15.41• 10'R.O.W.EASEMENT y \ \- . !1'! kX ( / /I / / 1-33 .SX'5T13•E _ 10.46 A "'TTT L34 S58'O6'47'W 1 6 PLAT BOOK 19 PAGE 80 y� \\ ` ,y7 / I FU%SHERIL E \ L35 53}53'/3'£ 14.73 ��_to \ \\/�� / / A979 AWED p"IOW) L36 9436'47'£ _2 S'O,� / 379 f \ STATE Q�OICJM9) L}7 Ssfi'O6'n"w zs.7ai \ j1 I cataJry pfM..n co m \ , /) w / 35'UTILITY\ L38 53353'1 3'E 367. rq F9 \ L39 sssros'a7' 19.67 \ GS y P2 \ 71 j/ •y,/ 1 PRIVATE ACCESS. M -.;gAS document ras oaYnox/edgee bsfiro ms thb 26 Loo '13'w 3.67 !� db, c \ LOT 1 /I 1 n / I PLAT BOOK 19 PAGE 8�_\ - ,y,6y of • -2014 by Lal sss•oe'a7^w 6.6}. P•�,� \ UTE PLACE Lag N 53Y3"W 3.50 .Q \ SUBDIVISION l l l� / \ ,, _ WAVdXS mY1Amd a,e L43 N56'O6'47"E 19.12 '�.7� �\ I N 0.690 ACRES f l L41 53353'13'£ 55.21_ / \ L4s la'ze'as• 11.n L46 5335}'13' 30.31 �, \ 1,1 / ' / 1 FOUND HIVL \ AGENT AUTHORIZED BY A TILE INSURANCE COMPANY,DO CURVE LENGTH RADIUS TANGENT T CNOR BEARING DELTA + WASHER MA ED I. kw/af OIod�3eaK 1T• \ '�. / / / / LS 37 2 HEREBY CERTIFY THA I HAVE EXAMINED THE TITLE 70 ALL LANDS SHOWN UPON THIS PUT AND THAT TITLE TO SIIGR LINOS IS V£STEED M C 67.85' 98 47.13' 84.91 N z'27'E t '47' d;`�YJ \\ Im / / / 17 OT19 ��a-�� L'e -FREE AND CLEAR OF ALL LENS AND ENCUMBRANCES(INCLUDING MORTGAGES,DEEDS OF TRUST. C2 27.12' 70.00' 13.73' 26.95' S 2254'24'W 22'11'40" t \ / / l LOT 9 JJDGMENT'S.�EASDAENTS,CONTRACTS AND AGREEMENTS OF RECORD AFFECTING THE REAL PROPERTY IN THIS PUT),EXCEPT AS FOLLOWS: Ye ee SUBD/17SID,Y OWNER:SUSAN F.WELSCH L. C •jP14I \\ U / Q�y/ TRUST DATED THIS Tlaf DAY OF MRN� A.D.,2013. I, DO HEREBY CERTIFY THAT I AMA TIRE COL PROFESSIONAL LAND SURVEYOR LICENSED UNDER THE LAWS OF THE STATE \ / ! / e OF COLORADO,THAT THIS PUT IS A TRUE,CORRECT AND COMPLETE PUT WALL ENCROACHMENT f�/ ,�,l OF THE AMENDED FINAL PLAT OF LOT 1,LITE PUCE SUBDIVISION EASEMENT \ ""., / / Vy ` / / \ 14 amA A,--- BOOK 626 PAGE 103 / / / AGENT (FORMERLY KNOWN AS TEN TEN LITE SUBDIVISION),AS LAID OUT,PUTTED, DEDICATED AND SHOWN HEREON,THAT SUCH PUT WAS MADE FROM AN FOUND NCAP NARKED '� // / S J/ / // \ OR ACCURATE CONTROL SURVEY OF SAID PROPERTY BY ME,OR UNDER MY SUPERVISION IN THE FIELD WHICH BALANCED AND CLOSED WITHIN A LIMIT LS 32972 \ j // / LOT 2 \\ OF 1 IN 15,000(WHICH COMPLIES WITH COLORADO PROFESSIONAL w �. " / j V73'PLACE ATTORNEY STANDARDS FOR ALTA/ACSM LAND TITLE SURVEYS)AND CORRECTLY S .� 1, / SUBD7R7SlON COLORADO ATTORNEY REGISTRATION NO._— SHOWS THE LOCATION AND DIMENSIONS OF THE LOTS,EASEMENTS AND cP-tr, ♦ / OWNER:UTE PLACE 8 U-C \ STREETS AS THE SAME ARE STAKED UPON THE GROUND IN COMPLIANCE ' \ OSHE NAIL k/ // \ tYWIWINT'DEVELOPMENT DORFOI[W APPROVAL WITH APPLICABLE REGULATIONS GOVERNING THE SUBDIVISION OF LAND. WASHER MA�eED/ L1 LS 373. // \ THIS AMENDED FINAL PUT OF LOT 1.UTE RACE SUBDIVISION HAS BEEN RENEWED AND APPROVED FOR COMPLIANCE WITH THE APPLICABLE PROVISIONS O"THE IN WITNESS WHEREOF,i HAVE SET MY HAND SEAL THIS AY OF FOUND NLL R CITY WEN�PEN LAND CODE BY THE CITY OF ASPEN COMMUNITY DEVELOPMENT DIRECTOR A wA'.iitR� / // \ CITY EN OF 2013.TO THE EXTENT THAT ANYTHING IN THIS PUT IS INCON"STINT OR IN CONFLICT WITH ANY aTY OF ASPEN DEVELOPMENT AD.,2013. / 1 r LS 72 /�� / \ ORDERS RELATING TO lH PROPERTY OR ANY OTHER PROVISIONS OF APPLICABLE LAW,INCLUDING BUT NOT LMI7ED TO OTHER APPLICABLE LAND USE REGULATIONS \rVJ1 A \ AND BUI71,F ER DEVELOPMENT ORDERS OR APPLICABLE LAWS"HALL CONTOL i c- e e to"" E/� \/ THE LITE PLACE SUBDM"ON HOMEOWNERS ASSOCIATION.A COLORADO \ __vvPnT VICINITY MAP \ NON PROFIT P 71ON,DOES HEREBY APPROVE THIS AMENDED PLAT. \ CITY OF ASPEN COMMUNITY DEVELOPMENT DIRECTOR SCALE 1 500 _ y, .._ 1 \ DATED THIS DAY OF A.D.,2013. \ 4U 1l� -1 \\ BY: - - \ a1Y EN6YIEaR'e REVIEW IL tl dp '\ ALaI � J //mod .- �•.. THIS AMQDED FOUL PLAT OF LOT 1,LITE PLACE VIE CE SUBDIVISION WAS REVIEWED BY THE CITY ENC14EER OF THE CITY OF ASPEN FTC i� "K rs ry 'NOTE: THE PURPOSE OF THIS \ STATE OF iYl�id-'�') THIS�AY OF 11084 2013. AMENDED FINAL PUT IS TO REDEFINE \ ) THE BUILDING ENVELOPE ON LOT 1,LITE COUNTY OF MLlifi���L u i l `✓Lr�' PUCE SUBDIVISION(FORMERLY KNOWN [� �I / C-r \�,.1;"" AS TEN TEN UTE SUBDIVISION), THE FOREC(ANfP`9.1SiRUMENY WAS AOWONLEDGED BEFORE ME THIS_Z-OAY OF 2013 a ENGINEER _.,(•� �. +(4{T- 1}J o T�1 lS0 BY UTE PUCE SUBDIVISION HOMEOWNERS ASSOaA181 BY ( tT 0 * s Ca4h �1, {. j^ \ ('�'x WITNESS MY HAND AND DmaAL SUL 1•LO\7 C *. L,�- MY COMMIS"ON EXPIRES s THIS PLAT WAS Fl F'OR RE IN THE�FICE OF JERK AND RECORDEA OF P111CIN CWN COLORADO,AT GRAPHIC SCALE rT---- �Di � . A OCK THIS DAY OF 203,IN BOOK I Ate.AT PAGE RECEPTION N0. 1 C t r"'t \ 2'7 r�'1, y51� /4.� )• ( '+. \ "� p /• 'EL Ay RECEPTIONI 600025,06/03/2013x1 C.La'u.�ICL • 1�;� l 1 Vos Caudill,P¢ICIn Colnity,CO anice K. E� Y PURL W lECf) ��'J y L Imu 20 n 3 one NOTAR // CLERK @RECORDER �. /\ *�E'J�LOQ`C PLAT BK 103 PG 15 DEPUTY Nahcs ��, , „� • � T7 Blake SURPIIYING S�'RYIClf'S' AMENDED FINAL PLAT �°"" 0 ✓w a:,.N��:�-m,.d��mil�• 727 Blake Avenue 17 LATE PLACE 1 om..• 05/03/73 rox,,.w+.�,vo•1 e.�r h.AO I Glenwood Springs, ColorOdo 8/601 LOT 1, LATE PLACE SUBDIVISION ASPEN, CO 8-16-1-1 2 (970) 928-9708 (FAX 947-9007) EYnail-jsfyllLas-uE.DOm \ OOK aq z 10.0 �., � - - - AMENDED FINAL PLAT vo LOT 1 UTE PLACE SUBDIVISION c (FORMERLY KNOWN AS TEN TEN UTE SUBDIVISION) GANT COMDD //'/ �---_- I, COUNTY OF PITKIN, STATE OF COLORADO DIN ASSOC' _-`- _ CITY OF ASPEN, ------ - ----- 12'PUBLIC TRAIL EASE. �ti // — —--- THIS PLAT,4.,�/1fNDS TH1F' AIlILDING Is'NY1FLOPL' OF SAIII LOT 1, '9S SH01YN HhRLti'DN.• PLAT BOOK 19 PAGE 80 '\ - ----_ END MID TE f -LEG INDICATNOES S:FOUND MONUMENT AS DESCRIBED o CITY OF ASPEN I - O INDICATES SET NO.5 REBAR h CAP MARKED LS 33638 GPS CONTROL MONUMEN // �� - AREA OF BUILDING ENVELOPE TO BE VACATED GPS-2 °j LOT 5 CITY OF ASPEN // / // ^o�olO �)9j/\ VTF PLACE _ AREA OF BUILDING ENVELOPE TO BE ADDED GPS CONTROL SUeDliISlO1W �' MONUMENT // / --1'370 WASHER MARKED U72 PLACE OWNER;ROOAN FAMILY LIVING - DATE OF SURVEY: JUNE 20,2012 GPS-1 ��' / / -_-• / La 37972 sUEDl74SfoN I TRUST _THE PURPOSE OF 7F{)5 AMENDED FINAL PLAT IS 1'0 REDEFINE THE BUILDING ENVELOPE ON LOT 1,UTE PLAN SUBDIVISION(FORMERLY KNOWN AS o m OWNER:TEN TEN UTE H.O. I '�TEN UTE$UBDIVISION), ASSOC. _ UNIT OF MARE BASED US SURVEY FOOT 69 I _ BEARINGS NIT OUF ARE BASED UPON A FOUND NAIL k WASHER MARKED LS 37972 AT THE NORTHWESTERLY CORNER OF SAID LOT 1 AND A FOUND 20'SHARED DRIVEWAY N0.5 REBAR CAP MARKED LS 32972 SOUTHWESTERLY CORNER OF SAID LOT 3,USING A BEARING OF N33'39.45"W BETWEEN THE TWO DESCRIBED & EASEMENT MONUMENTS AS SHOWN HEREON. PLAT BOOK 19 PAGE 80 -CITY OF ASPEN dl PITiON COUNTY ZONING: PUD R-15 w 7 1 DESIGNATION: ZONE%"AREAS DETERMINED TO BE -FLOOD ZONE DE OUTSIDE OF 500 YEAR Fl_OODPLMN"PER FEMA FLOOD INSURANCE RATE MAP Y. PANEL 204 OF 325,MAP ID 08097CO204C D THIS SURVEY DOES NOT REPRESENT A TITLE SEARCH BY THIS SURVEYOR TO DETERMINE OWNERSHIP B TO DISCOVER EASEMENTS OR OTHER " ENCUMBRANCES OF RECORD.ALL INFORMATION PERTAINING TO OWNERSHIP,EASEMENTS OR OTHER ENCUMBRANCES RECORD HAS BEEN TAKEN FROM TITLE INSURANCE COMMITMENTS ISSUED BY LAND TITLE GUARANTEE COMPANY.DATED EFFECTIVE APRIL 16,2012 AS ORDER N0. 0 °m 062004536-3. S - ELEVATIONS ARE BASED UPON ON NAVD 88 AND THE CONTOURS ARE AT A 1'INTERVAL 20'UTILITY EASEMENT FOUND NAIL / _ lAj .TB, \ BOOK 561 PAGE 179 WASHER MARKED /\ _-� AMENDED BUILD.ENV. 10, LS 37972 \ — (9.264 50.FT. WALL ENCROACHMENT - EASEMENT -- BOOK 626 PAGE 103 LINE TABLE LINE BEARING DISTANCE �' IS 4 f f ��' T L1 N6310'21'E 20.76 L23 1-26 5 4'58' 1-27 '1' 3.03 /f LOT A FOUND NAIL K UM PLACE L29 N3'53'13' WASHER 79 MARKED S17DD/VlSIO.N L30 56 '47' OWNER-JOSEPH L.&SHERRY L31 53353'13"E `�� ^ d V 7 / \ FELSON TRUST L32 N56.06'aTE t5.4P 10'R.O.W. EASEMENT y \ / !ND L33 Si3'53'13'E 10.461 PLAT BOOK 19 PAGE 80 Bq \ /`r ( / 1 �AEp \ L34 S56'O6'47'w 14.96 J�S \ - ) ! 1 �j \ L35 S3353'13•E 111; I I 1 / Bl- L36 SO4'56'47" 1216 >ti1.•� ! Ln ss6'oe' w 25.76 A I! 1 W 1 1 35'UTILITY do 138 S3353'13'E 3.67. /,,0 l f 1 1 / PRIVATE ACCESS L39 'a'w 19.67 bB t LOT 1 1 1 I PLAT BOOK 19 PAGE 8�\ L40 N '3" 3.67 C� '�j�C \ UTE PLACE I 1 L41 N33'-3'4Tw \ \ SUBDIVISION ! 1 142 N3353'3" 3� 1 143 N56'Ofi'47"E 18.12 fig[.� \ ' 0.690 ACRES f 1 �/ zy 1 / \ " U4 53153'73"E 55.21 �A \ L45 514'8 •E 11.77 'ya�t� \\ N l 1 1 \ L46 53353'1'E 30.31 \ ! / FWND lNy1AJ1A WASiER1MAKED CUR CURVE LENGTH RADIUS TANGENT TCHLORD BEARING DELTA \ Im / / / LS 379i12! Cl 7 0' 4713' 84.94' N LOT 3 17 m / / / C2 .1 70. 13.73' 1 1B.95'1 S 2254'24'W 22'11'40" • \ \ l l 1/ f 777E PUCE SUEDJ77SION OMER:SUSAN F.WELSCH TRUST 1f1popj C,/J.eA�ISeh I / y �e♦ / /! DO HEREBY CERTIFY THAT I AM A PROFESSIONAL LAND SURVEYOR LICENSED UNDER THE LAWS OF THE STATE WALL ENCROACHMENT OF COLORADO,THAT THIS PLAT IS A TRUE,CORRECT AND COMPLETE PLAT EASEMENT OF THE AMENDED FINAL PLAT OF LOT 1,UTE PLACE SUBDIVISION BOOK 626 PAGE 103 (FORMERLY KNOWN AS TEN TEN LITE SUBDIVISION),AS WD OUT.PUTTED, / DEDICATED AND SHOWN HEREON,THAT SUCH PLAT WAS MADE FROM AN FOUND N0.5 REBAR h !� ^^ 'S ACCURATE CONTROL SURVEY OF SAID PROPERTY BY ME,OR UNDER MY v / f // [O7'y SUPERVISION IN THE FIELD WHICH BALANCED AND CLOSED WITHIN A UMIT OILS 32972 y' f \\ OF 1 IN 15,000(Mh11CH COMPLIES WE COLORADO PROFESSIONAL w / /f / SUDD�ON STANDARDS FOR ALTA/ACSM LAND TITLE SURVEYS)AND CORRECTLY / / SHOWS THE LOCATION AND DIMENSIONS OF THE LOTS.EASEMENTS AND S `i�•ir, �� / / owNER:UTE PLACE e uc \ STREETS AS THE SAME ARE STAKED UPON THE GROUND IN COMPLIANCE �I 4 \ WAUSJ4ER M1 KCD WITH APPLICABLE REGULATIONS GOVERNING THE SUBDIVISION OF LAND. �1 LS 3797;. IN WITNESS WHEREOF,I HAVE SET MY HAN &NB,SEAL THIS Y OF FOUND NNK D /N A f A.0_, 2013. (` WASHER MARKED LS 37972 / \ TIICINITY YAP O \ \ SCALE: 1 500 L �� •w„'`v.lw. tY,, ,t._,t 7fL �C1,?p �n��� wp "-•�. r7 { t� + ��l MO I RPOSE OF THIS \ Cw # dl F} AMENDED FINAL PLAT IS TO REDEFINE \ d 7 i J Y k L3 THE BUILDING ENVELOPE ON LOT 1,UTE F' i PLACE SUBDIVISION(FORMERLY KNOWN \ / AS TEN TEN UTE SUBDIVISION), QM GRAPHIC SCALE 60 tE TIIITTLB S11flFSYING SERMffS AMENDED FINAL PLAT DnMR�- �w m 17 UTE PLA CE a.e.: 05/03/13 2 •"° e°°�° >� � 727 Bloke Avenue CO 81611 2 ASPEN, LOT 1, UTE PLACE SUBDIVISION Glenwood Springs, Colorado 81601 OF (970) 928-9708 (FAX 947-9007) n°,.°.. �Y7eai1-jeff9tsr,u.cnm TU tTLE SURVEYING SET I 1 FORUM PHI 117 Sou Spring ado 8161 Suite 202 P 970.279.4157 F:866.770.5585 1 17 Ute 17 Ute LLC .\ 17 Ute Place Aspen,Colorado 81611 I �� , // PROP i�/ �/i \ ♦� \\ c�S\�TL SPIV WAY \ (p P �`, + ��� 7969 _— /•�� = \ \ F,�'� \ I o7 \ ) N _. on� r / PROPOSED ENVE ♦I @�, � /' TREE TO BE REMOVED /r TREE TOeEREMOVED \ \, \ CONSULTANTS ♦V /� �<,i 1 may/ Grp SURVEYOR ♦ �/ / I TREE GROUP TO BE REIMOVE� \ \" 'O� Tuttle Surveying Services Iy \\ \ 9C \♦ 266 Heather Lane, V v POND ,\ \ F \�♦ Glenwood Spimgs,CO 81601 EXISTING ENVELOP f WALL "\\ \ \ \ \ \ P:(970)92&9708 \ TREE TO BE D -- TREE TO BE REMOVED 1 1955.6+1- \ \ \ \ ♦ \ F:(970)947-87007 �s \ GROUP OF MEE$TO BE REMOVED _ __J _ ` \ \ \ J�NIEII \\ ♦ \ CIVIL PO Box 1117. TREEYO BE r I \ \\ \ \ \ \� Roaring Fod Engineering ♦\� `z .'I' `—' ____ A \\ �\ \o.�\ \\♦\ Carbondale,CO 81623 \ ; 5 I ?�,A, G V ♦ P:(970)948 7474 TREETO BE REMO GEOTECH POND � HPGealecn - \ \ \ \ \ 5020 County Road 154 ♦\ n H \ ( �� AA V V Glenvmod Springs,CO 81601 V .T - I .--��!1-•II I Al / `�I , �Zj\\ �\ V P:(970)945-7900 o nREA wwY :� 1 LOT 1 \ \ F:(970)945-8454 f TREE TO BE IEMQVED G `, \ \ UTE PLACE 'v v v � STRUCTURAL \♦ �i I ExI$TIIIG ENVELOPE �' j / I -- 1T RONO SETBACK SUBDIVISION \\\ \ EVOLVE Str uctural Design PER I10A REQUIREMENTS ----= -, \ � 29029 Upper Bear Creek Road.8308 ?a --_ 7, 0.690 ACRES+/- \\ \ \ Evergreen,CO 80439 -PROPOSED ENVELOPE _ I �, \ \ P: 303 670-DO28 TREE TO BE REMOVE ,` ( ) ♦ ' / i 1_—___ / TREES TO BE REMOVED � 1 1 \\ C:(720)62 6-9201 / l' I I 1 �� \ ` �:• � i r�+� i:, \� r CONTRACTOR Aspen Constructors Inc. TREES TO BE REMOVED 1 , 11 309 AABC,Unit G Z +° r Aspen,CO 81611 EX19TIN0 ENVELOPE _ i Ph:970-92 t ' 5-7608 DRAIN:796368 TREE TO BE REMOVED r1\,. A \♦ �+ - - __._� -_ .- .,,,_ t 1 11 TREE TO eE REMOVED . ' TREE TO BE R _ EMOVED {' W1 S3013 DATE OP PII&.IGTION • +� r \ �. DRAIN:7965.20' TREE TO BE REMOVED I \ 1_—PATIO'__ E-T E _ - .. :' TREE TO BE REMOVED __— ______ ._,� —I- \,R —PROPOSED ENVELOPE � �� TREE TO BE REMOVED TREE TO BE REMOVED .`h �r h � ax d �? CD MIDI PERMIT jg6B j96j .� ',�I .� r� \♦ jys TREE TO BE REMOVED WALL ENCROACHMENT EASEMENT PROJECT NO. 1206 IO DRAWN BY: smw - PROPERTY LINE y" -- PRO ERN LINE —°- __ I f I 1 I COPYRIGHT FORUM PHI,LLC UTE AVENUE SITE PLAN 3/32"= V-0" SHEET TITLE 0 T J' 16 32' Z2. 1 SITE PLAN Memorandum Date: April 8, 2013 To: Justin Barker, City of Aspen Planning From: Brian Flynn, Parks Department Re: 17 Ute Place, Building Envelope Adjustment ------------------------------------------------------------------------------------------------------------ Tree Permit: If a tree(s) is requested for removal, the applicant will be required to receive an approved tree removal permit per City Code 13.20, this includes impacts under the drip line of the tree. Parks is requiring that the tree permit be approved prior to approval of the demo and/or building permits. If a permit is necessary, contact the City Forester at 920-5120. Mitigation for removals will be paid cash in lieu or on site per City Code 13.20. Parks will approve a final landscape plan during the review of the tree removal permit based on the landscape estimates. Tree Protection: 1) A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site and their represented drip lines. A formal plan indicating the location of the tree protection will be required for the bldg permit set. No excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree remaining on site. This fence must be inspected by the city forester or his/her designee (920-5120) before any construction activities are to commence. As referenced in Chapter 13.20 Public Trail and Public Trail Easement: Access to the public trails is prohibited for any activities related to construction and development of the site. All new plantings should be planted appropriately so that the planting does not encroach into the trail easement. I k' POLICIES REGARDING BUILDING ENVELOPE ADJUSTMENT REQUESTS WITHIN THE CITY OF ASPEN Revised March 17, 2004 L Purpose of Re;ulations. The purpose of the policies contained herein is to establish reasonable guidelines and standard procedures for evaluating building envelope adjustment requests in the Planned Unit Developments (PUD) that have been annexed into the City of Aspen from Pitkin County. These regulations shall be read in conjunction with Chapter 26.445.100 of the Aspen Municipal Land Use Code and are not intended to supercede the regulations for PUD amendments as are set forth therein. Many of the properties contained within the planned developments, which the City of Aspen annexes from Pitkin County contain building envelopes that are intended to protect and preserve native areas or features before, during, and after the development of these properties. These policy statements are being adopted in order to: a) Establish consistent procedural protocol for evaluating building envelope adjustment requests ^thin the confines of the existing PUD amen'lrent legislation in the City of Aspen Municipal Land Use Code. IL Background. I A building envelope adjustment request on a property that is located within a PUD is typically reviewed. as a PUD amendment. Section 26.445.100 of the Aspen Municipal Land Use Code establishes two (2) different review processes for PUD amendment requests. One process involves a review by only the Community Development Staff and Director, and the alternative process involves review by the Planning and Zoning Commission. The determination as to which process is applied to a PUD amendment request is made by the Community Development Staff based on the magnitude of the request. A minor PUD amendment request may be reviewed administratively if it is found not to be out of compliance with the following standards: 1. The request may not involve a change in the use or the character of the development. 2. The request may not u7crease the overall coverage of structures by greater than three (3) percent. J. The request may not substantially increase trip generation rates or the demand.for public facilities of the proposed development. 4. The request may not reduce the amount of approved open space by greater than three (3) percent. 5. The request may not reduce the amount of approved off-street parking and loading space by greater than one (1)percent. I '' i 6. The request may not reduce the pavement or right-of-way widths or easements. 7. The request may not increase the approved gross leasable floor area of commercial buildings by greater than two (2)percent. S. The request may not increase the approved residential density of the development by greater than one (1)percent. 9. The request may not be inconsistent with any condition or representation of the project's original approval or .which requires granting a variation from the project's approved use or dimensional requirements. IIZ Procedural Policy. i In the case of most building' .envelope adjustment requests, the only review standard above that is discretionary in nature is Number 1. That being the case, the consistency of a request with the character of the original approvals often determines whether a building envelope adjustment is reviewed administratively or warrants review by the Planning and Zoning Commission. Therefore, the following policy guidelines have been established to aid the Community Development Staff in determining whether a building envelope adjustment request is consistent with the character of the original development approvals: 1. A bulldmg envelope adjustment request should not ;--crease the overall spatial area of building envelope on the subject property or properties if the request is to be reviewed administratively, and, 2. The Applicant of a building envelope adjustment request should .first obtain a letter of approval from the respective Homeowner's Association from which the property is governed by, for the request to be reviewed administratively; and, 3. A building envelope adjustment request shall be reviewed by the Community Development Staff in conjunction with the City of Aspen Parks Department Staff to determine whether the requested adjustment - would lead to the destruction of significant native vegetation and land features ;n which the specific building envelope was established to protect. The application for a building envelope adjustment shall clearly show that the request will not disturb significant native vegetation, for it to be reviewed administratively; and, 4. A building envelope adjustment request shall not affect the allowable Floor Area Ratio (FAR) on the site for the request to be reviewed administratively. Any building envelope adjustment request not found by the Community Development Staff to adhere to the above policy statements shall be reviewed at a public hearing by the Plan n;ng and Zoning Commission as is provided for in Section 26.445.100(B) of the City of Aspen Municipal Land Use Code. 2_ I It is recognized in developing contained herein that during the building envelope adjustment policy statements variations may occur from the approved c c lansand construction planning that these variations from the a Processes slight P And ui cez-tain situations, it is recognized designated building envelopes. That be-gl the May case, it sho development ment outside of the amendment section of the land use code does not distinguish betwe noted that the PUD that are requested to legalize proposed unprovements and those en PUD amendments requested to legalize existing nnprovements that were made witho amendments that are appropriate approvals. obtaining the Thus in determining whether a building envelope adjustment re administratively, it should not make a difference as to whether t est should be reviewed legalize aproposed improvement or an existing he request is needed to without first obtaining the appropriate annr� improvement that was constructed r�vals. However, it should be clear that staff does not condone deve Q that any building envelope adjustment to be approved ad lopmb without approval pproval acid constructed improvement shall contain a condition of approval at vel requiring illegally Applicant obtain any and all relevant build' e that the the Unp ove. t �� g P permits and inspections needed to legalize y' menu. Also, as a deterrent t ao�,o� ,+ first obtaining o UC Y trop oinside of a buildin anir ,,e +I,,,ut g pproval, staff shall impose. the double-fee penalty provided for�in the International Building Code for an outside of the building envelope. Y pets needed to legalize the' improvement made h:jamesl_folder building_envelope_adjustmeiit_policiesdoc i i J j __ i rill i TEN TEN UTE SUBDIVISION .. i COUNTY OF PITKIN, STATE OF COLORADO C p U Na �, giwlde �,�s0ribed �.l " CITY 0 F ASPEN, �e. DA Parcel A, Ten �n Dte T, Patricia E. Benfedias Amt per�Prty S tnt 1 tT p tkin,State of Oolorado, impact for Pcedric b emcee .3ffibdlvislmr City d ' in-Fact F[ed C. Larkin, noted harem. iot the beietit d the plElic the Public Peter C. Boylan and Aulsfat J. eurkart, l,d ivldual, beirq tlfe bereflciariw d a herainab� T. Ooea kat�ch Uy Plat. Provided. however. d d �Iat on tiro pr to am t Y o sUl abed 11c U parr r1ie,Wring 1 *�"athe f�i11r29 of i°�Pl lat Eor Ten 1bn tee 'x / the EM Property arnMernelton in acwrdanR with the°edit ions DCR SUED. CALDERWOOO a'a`b p' nr \ lttkl,9 tl+u ail°'the A't�°,te p p email,It the gucefrBi�9IT ring h �t yhetl rot he liable fat Tu Trail, of way acing merino, set ford m N!e Ptat SUED. EAalrERT tbidon t#1d9e eith an°s°pC frd hold QyRYer harMleas ofodleifD119ationa ` 82. City a9r+ �i wits. dww9s8 or den'a'da ut'atnoevaf C tY gn or to the S.imdivielon InD*' Ae"ta Agrem+"nt eo.00' of °rte ant as N89.94'42'E 982.32 < .° "so• ...... clatas. Nfidf aey I have act Iq hard alai oue well roe I A.— C� bo°o. ! ud in ectf Y ,d vtiliSim the al thi y 1`al' Y-11-- _` %/ r repairing d the trail. and se NTH yerfiiKatntr9 ape /l'M.et TOIL EASFaeMT '`'\ w,rt wce•r y, 1Tp o° SD � Public otCaP°K'i' /0•)�tD the asLtin9 1987. b �� fr n ° yP Q1ea 1 9r a tBA lCGC(0�� � tD the I Ip "'o� 'w nr'N�.f>!.C°'i-P>'>iY'Sar•fa>z c"• �2 '��,/ !'itrl C 50 loo \:, ��9•s _ 1. w1A lta,r�rent a1�9 AtrrsrneY-mFar b Ora 11YS1•fs 1.ay.�- r r�,,,'�rrly talc H truia alo,w,t rA 25 0 W tJ ao.o°' t' t m . ° � nso•oo'oo'+ arRralca d drt P8D1��tee Loot 110')attaet ,prayct and defer dledl hetNy reteCa'r -•"ley the BATE OP C1DlAAAlrI a 17-R n u 6 L3 .�.° a o: j/!`®,y/ .. It u 1 r ebs9�1�id�i wlAevl b A,seaie. Olaer tact= reeR!ee I9 `+�-�-�. q ° Jed In ri" lu uas qty ) s c O &," ,ry I�� yt else t bbiaF r the]arldaeSPin9 in the eeeeafanta or i _ �C 4. Ooea hteretlY 9rM the Pb yy utility 88�°M° M1M foremin9a trvlent wel. 3.' �!/t .,. • �__.••„ _ ,la1�. /, � her'aon Rfr tluir 1enAty user Pte' before roe n. al' i vs �9i --------_ -w "f' rte' tNaoo, '� __.. w mi part d a Pic utility eybm" sd yi'Patricia E.Ma&lataw. P , _ / S(5' ♦ __ar. _ J C°s Sv!aasalerA t� °°a AttorrwY-in-Fact. '" c+s U°-Lra- {' Eirr- - ,��� �\w II 12 j Sep 'col aheritlr f1 �a�I:Miert aet'vicin9'tent NI•ITE :aH hard and official eea1 a -----TE r1- "t isei - ------ _ fal , a� • � ikon 411 Pti Ny mmm to ururra arawoYe / stn Ve - a" ym' itu tin ivlr Ute d tlreir c ' b1h8 •ed � BI$0iviaim AGf25a'EAn:AE Y-.l 'Harr OG 1pt,ated a7 o> \\\ Q, J a✓ wN o �/s'a _ o•o°o,oo w g 8ub81viat0n !T W lawful Pertocauwje I 4 \� .a ay I ro duties. Brtoci 78C / `�• \ 'P ' �) !;� "°o:° m :\ \`� Fm -- .� 13 yam, w +se eoteeownara�wit ra+•nn CT!'t ' '� ^�a 7 '.�\ \f \n 0 6. p0M„ accOM Reds' tsrdeaaPin9 greanPeu Hrfa1 Plat of T4at TB1f pie rdmted. 8 s osec ?x be lilted tp corder ,g,b\ , °e• " n m N e1elsMnt 1 inelwa 0r+smm S1fls dadiwtlona eld11e t�eae / 4^ V i I ' ;� V'`� T z- �� fact i9, lirea s [aneln9.lnirlf are hereby R'pc°ued I-,16is e - 'j .allt4,fat i1y�1t)en lard�� urdK9 the ees,went tp 4 h' /� r \ I •\ •\ uo\. �?e.p°y *iits jig 9r Eeuidt9 'eite 11r11ftiM. ai9^sr c+ilvertr Ponds• t�wI�+O1u of the M7981 •a 10n /j. q\'f 1 sou°` S= afla f\ power ldnins"std road N*inty nte• day A. \ F, /i Pte' By 9 la's X n S4 ASPEN roMSr t% `,A '^'VA m the e '�� hsrlmy nest unit and IL'Cnr IRprt*'°"'"t grlvelfaP�rte, x� �`\ \`. easaesriu •Se andi lnolide and u+derggro18d , \ \•` ,i �°r ,,;a anx 81n1era11t ' 'yam Plwftiig.ret111di9 wvL ATt�ti `O• __ °.al- 1SeMa one 1 City C1e1t -------- _- ' w ee.sl• Paver lilee i 1car1C lot antra"• tl,e Rf �•� �c+" to the di urvfts or Dom hvrdM na°•oo'oo•w - orivewlY ill !1 rn YetfaaeQSdual °r�eid ARD 8f11A8T AP'PI' '' tzlvawsY lL18a� ivieim 15 eudrnly Co Me Nsodmtbm over eel �.i''P' �a ttais Hnai Plat M Ten 'Rn Uta Pian+ln9 end 0 OK/ Q ryaj SB v.. utility fie• f;�ietejy ,.6•cr• ry 84 tlfist� d oR,�aetd'+--• / \�° •\A of uYE r�M1ErARY MtabY 9TeM to City a pad/`° gel taPteA'a�l'n Eo 4 Cpaa1881m (TE LOT 61 °o. r put toil A en the Final Plat. - Ciq shall oral ,987. ;� ,p ,9 z�x r tlr AA ad .,,.J n Mr s Se•p0,rlhle for sa repMeetd ben Mtn City restrictive ea s2' 1 '' 12d weintain the irri9w d the Pad• 'Th8 follovLg (s) ••��%w�i w: ti N90.00'00N J83 2' Ua a w 11na° / s rwl �„� l�o `l s„e�rui .i+��re y F ° h tisll b rimmed se fiiTc Par' AePd''�"macviie �l•8 APP1B78Rf' ( ) foz Mxd1eJAlPine"tcli`n9 email have the c19ht m Fs°Ba CITt tlb d p18®l'8 p provide a and esei9ta. Toe Pte" &ifdivision was ive relief. v41• // \4i �lA• mm aactiorf to end o t1N!ee m+mnente_bl ln1""rt Stied to an amrd This Final Plat d'fen The y» City of \00\ \� / \ls i,D, ion• vailir9 party ait any T'f818 atytagressdthate it will seveceusesor Shia Ue tltY�i' f•R 1987. O ♦/ PBE�R"f8 dart beirig� K of oosal Owns whet nor all claims. o Aa J.�Bay d 18 ? \\ IOt]I AtL fwl tK'� t1mC 10 i� R Y dtulted in eTe ' a•,w�or d®end �at9 in lm+rs In tt which ruwce iw \ d all ere Mllowiig action, euitn, of City's wfferahip,ma nte�vaa, being the caner. may¢Sea art of,or Y a om r ...- \ City d AMP",Pitkin County, poToredo, 84 Mast d the OUT PARCEL A lt,Towns?ip,D 9oeth,Rai1P repairing and utlisation of this Park- ffpRNERI.y LOT 3 NOA9 gI1BDIVI9I0N1 A!reek.d lard situate being gectlpn rticularly dexribd as[oliowaf APPyi><�L `.\ 6th FrinciPi Maclellan being inure P � \ haedaq lihe d the DM gtfdlvlaion,CLeY 1 '�• 1987. ,�-- / > �8 eegimin9 at•point m she lowth for AsPan $dsy d Tlrf tR.e Subdivision wee dfenoe a trnas cap gmcutsd this ip, This Final Plat d ten d N ,,OdotY d Pitklnr Bute of aila:edo, g 28.28OC 8 1010 O'11f d perks. C1ty o / M, 1 irg g 28.26'00'M 150.50 feet?thence 0Y the \ tw• , 1987. / 134.56 teat along said sout4 bou[Idacyt thence d the+'Calderwood 3g�idiolslon in a ml0cedo WrPorsti� =-.is I^ d1y°!y....�" said South ho--y bo the scthesai�tyl bound-1 the following eight l/ es nt / said City d A,Pnt thanoe clad said sofithec Y p 8 27.07 30'E 34.98 fmtl �,+`` •r� OOUa T 8 28'74'48'E 58.00 teen 15 ot�ifT E�d, � 3) 8 69'49'11'E 31.15 feed ATI49'1'f Y rKO a 12 fas tip' Uletce 4) M 67.52'{9" 8 13].32 fnettt erY QIJBC lgp R30Lf�0t'B AC1EPDf visim was ery2, �trr X41 e�'Y p,O. thence 5) M 48'57'50'8 93.58 feet) Aeeis Ton Ou 9 �Erk 4p.M F.sFryFy, _ �y g ti S\lv •!" /r/ / cheap 6) ".'41.19'14"E {0.95 feet? This Heel Plat of Ten �8, 9g� \, PG T11tl .-.."I 1`•\.. \ 1, - IY ( /, thence T) 8 42.4911"E g 00•x1'00'N /tA0'E Q COtRIRBCD! 08' ZO r \-v. II �/ y r 8) 8 61.24'25'E 75.42 Leett ) es. in a ;fZy, thecae TVwrfsite Addition, Shed a0r.•epted for filing pol0rdo, at `// �v to line 9-8 d Tract B of the East Aspen line d a trsct of laid de8cc ,C1T19tft or rr" ] � heeorder d Htkin ppmty, of 1 I(t. - � \ 46e.13 feet•larg acid 9-8 line m the rorrtf otpitxln before=Its, n o,d R„tlile.may.--ar�Y 632 at the ra,prda d flu Clerk lad naRe id nwthlim w life ryapd was adefoald98d , 19e7 II'•mat k� / Sppfestr,mlora�f thenhe 90'00'0".i cued Aspen � ° 1987, M On' MsiBtYfc Secretary �,te16 M , td ens id O. Zi San Bo - �, lim d tat 6 aT TTfa w+3 nos 8 25'7709'N day � '' c" ee st e Y • M 50.39'00'M 283.00 fast 110"9 asid ant lint d fat 6t p Pre1 r , 1 OorPOt. salx E, t2ra to[Ch,ralt 1Lae d said fat 6 to the�eaid rigmed of 1010 Of76 323.34 test ak't9 sraea.E NNawaeNerrrr•roaaN,sw>,••••'saN„lrovrw•'••e r!r� vsrNuN�.•..E.N N Y x'r a cua,a r:."arnaarrtrrt,aalruaar el E.••u NrarmlaEt•••••• :1.+N�>,a.u eN N Bas e E, >•N,i„a,a..i>n n•, _»n°a�>..'su nu�n e r+� c..fve�i»r'rrr°r"r N ar r.'u»N uriN r•••�i e �ouNoN.o...vv N"o. aD l i 1 1 1 i i ill .!-1•-,.•,�F ti ,'r1/ ` lToiinnae i of t hpsene o a A vM a 3s+3 e f 3r 9 t.114sfessn•ave.e M Y263.03 Sgem�t lelAiO e,eeo a Ktla u i n p l o i9 iw X p'}�4,•�"tR �_r�17`r.ca.a a" e d. r6©.0 official o tfici 11140111.tal• ire., %k•AS'8 M 186.n tact ant 11 „y c dssim ini+g 6.054 n0rs1 oh roe lees. f beginning rants of Pttkin. State o f Cblo r Als 1,m &hdiiefon. Oasfty 1.58 we es foe+ N t c i r ..• • Bv' .N ' 'p°r Y' f'e rr. r�At �a1 a,N! .> l ".I' ,•i! N,rw N. N.I arm•! e,r, i - 1 _ MEYER SCI ON GOI;DON O S rm,m p;m ro rsNi se• ' r N ',a„ rse N.r ,r k 4 UTILITY EASEMENTS R E m.N ,l .via N• a oo N .r«N v t LOTS, - ;;aoN•N•r Nr.aa „ aa•„• rl m ;', .irN•»•r ,•„ I 1'-.� - 4 '8 SHEET I of 2.BOUNDARY, _ �s ENGINEERS & S�1RVT Boy u wrea•N•r aE ,a a,•r,•n• Noe .> uEN NraaBr•r 4 (STATEMENTS G SUIT 'li2 ,a aN•r!•N'Y ,. ,N•N•m' .o eau. or.a•e oa n -Y'1 j ttllamr li0wrd afaveyorr, u M 1512 GRAND AVENUE. ,.arrs•m•r «" arr>•N• ,N a>see; .l � � I. ywnth R. COLORADO S7 u am•a,•N•r N N p wr a N m a>N•r 'n.0 - _- that , p1st Tun Ten txa SHEET 2 01 2•BUILDING ENVELOPES B DRIVEWAY OLENWOOD SPRINGS, eBaTN'm'Y .N i >e•a•w>• u.>o a.a. >s.rl serN»_f N„ 1 ^, im EASEMENTS 1945'1004 e'ma0 e;•` °i'r er era•el• N m N.n s.m Norm b u g,tbdivislan Zit bbolad eriew,,�Se ,r a aa• w•r „ �. ors. rod �,3G ,r an•N•r.• n e. • wE,�'r. 'e 00 n.n' 'e,N w •er.ur•E ,✓ - a„e ems w •��j��•. T SUBDIVISION N.e m N mr.N rota ether feeb art the at Y end O sad cn GN7 Uf E. E .M a• r Uf•C the a/M at! hood m As r 1 ahwn heea0n� thw the Platted lou we REVISIONS u werrs•e a.n a _ -- field mform to elcae CeSCRIPT ION DATE Br C/B1D. .•,r•ai•. 1 ✓ -`� reed canfonr w"°w1 nn the g`°ii°• F INAL PLAT nE IoTn E•°ewE,rt. I ,r Ja•A' '[ N.!> E IcflnaTE rnEl ♦ w2nTn Or ,eeilef, amid �\3 N R srrNN r N.s, ur�rwnxe 8N0'"'T"ne.io•n w o 8 inoro* / In wltlleae I hew eeC b' 1 },,h,•4 trio 8p4 N0. N aaru•N•e s�.e. or lnTE,a2nE. •m c•r fweo .' \ '- & day Of �y N>e,•a'N•e. :.•2�1dTra tarn p[�"•a p• c•r w• E,> teal this!`l.� PF TEN TEN UTE 4 m.rN•oam•e ,o.>a a.o I Icl,rza rare waFEO sa en j f. 'a'• i.,l 7t o IwiuTea Faaa e�'•R•B c•P wkio /' evectVISION s KW 1 0l 2 a.a ire C•TEa FOUwa IN Pee•e a feria =50 a.•Irelc•T,a fBPIKCEe'P IiTM°HL1wTE 9 u9osys8r UU \� --`,.�•/ Bari 7A ilea Qyk �1�8A •18.87 KW 1•• a •iwic•Tee s r o a c =- a ,I BE•nxnaa'�MU�iisiswno ix°si�ieo:Eieina°+� � .... ` ' L.B.75710 OF'CQ6 , VICINITY MAP c TEN TEN UTE SUBDIVISION TY OF ASPEN, COUNTY OF PI TKIN, STATE OF COLORADO CI A. eg III Il to A. f lNe eW1NM bta�M;4 ea aet•0�O•"E �•,oa' of e'E Mayer n• u a a) "so•oo r»'t so si �•rn'a•a os se x a. �s''Ri-"�. eJr n'a•M ae'° � fi � ib! a•r w•ab• ep,a - La _ � a �.n•eo'w a so .o4, , r,W -- ,war oo•oo•a J.ea 2`"` I ��- ' ,.,1� ° ." _ --- __---___ a Nas•oo•oo'w e.>f af: pfe`�� 'r�'"- P Vim. so 2e too---" 1`eaJ•a0'ea•[ a°'p w SC LE I f M•J•00'ae'a '�be awe�N'a E • al �I� `� :.'S� °b�a0'. N FEET es wo•oo•oo•e :a e, i7—R RRI !„ W + -v. °"`• '�b�° 1 S) g[: fa ¢r aa•,°•" 40)a 3g `'?'� 5 a sea-+a•°e:,°, a.o ,1.1 fe Ner.a•n sf.sa s$ Sy, eg pwi��°�'� 8 ��'� S ar aa•ae•E e.ea a M1 •P� ii s.r oo'oo•a ae.ao � j���� �lx� ���_�. � � t •Mn'es•a.E .p{ a =e s.roo•oo w .s �. � •.po, cis y :'� 'i` p Naa•bo•oo•w �-Ja :. - r � I"� �* � 1° � 're- af M4r*°•ap•" ° "as r.4y� \\'"♦���a�r `�"� ,+ n Nero'n•w 4,fa R�dr,-4a - a Nea•ra4•a a.a• '�rar i` �" �,ror aP if•w au o°o i - -� ° war ao•s•" °.u """ ....� � � �` tig� SA asi,nrara••a {e.a #.fig 4 LL P 13 eao•o0 an ese•ae fO cMago eF.grNe � �; �� 7d Ri � V � L ° � a �g app vg� � y9.S§. q f __,,,mot(•I'NRI� a fee. fa )9 a.° >a Ya $1rR ( x4,,Y'+,� I xJ/ ��i ''h�Aa;i�xi. 0• ^�°I. IAt LLit F'!et lit tvgvE -ELT AaJ°• e•) �p ?* 'ne .� .b4,br se•fo•.s• A.e2°e su .e.e °a.e. i•ze�e a .x: a�r•.A aw"`�"d�. x e �� a;�, i pr', � z .Q! ,��� —• �-•�•'-.__ a .r e,•••• ios eo r ).a s',.1r 1f•E •a ro�' 4�'� o sm• 1 �•s ND. a rba•.,• sae no as)a Nee•.o.Y•N zz.s "`a' I•_-. >, v b•4YF ,^'°4, +z v°f>a a•a �aa>rer.°•.a•OanoeJf••'•a'a•ao+oafaa,a•'••••• °nneepee a peea.o..aobboo o b o a o ffYf.aYe i'a f..�,•aaw e•J x'»a°iao...'.ee.Y or sse,a a o i '�",�.NsN°pseae°pree r•:�f naa fb e'Q•noaO.aef v:.••••E e e"E x x,.�'o e so)e a a oa . #•� ifaE+3 xxov E+EoexeE N rer e �_`.•t�;.::� ;.>"'3.' ���* ,r!r�, �. r.•"a,6 i +€ .t x �C V e B 7� 4 73 6,.0099319 7........ 2� 7 2 1 5 ri 66 jf a ea ii Ae A. Is 7 >p.oa ¢e ae so.as .xs.x." a.ee \ �.o "f ��• yM1� •`` 14./06. 7542 fe a•a'u• a 1n. a E :.. ep'+e.o :t { 20,650 a•aa+e• ,a.)b oea s,as s+re ^ � e � ao oa �' S ',a exa••,,. �` )4r yr. s ,, \°. a J At ffi'S� 6162 8 as ♦2 a '.R: i^.?s,l �c,"l±. .b d 70.,733 3.406 10.09 4,697 tat 7.9� 4,143 1 l,9Tb 4,310 42 7,185 g,44,6 9,115 44 40.732 4aj1; 4.415. t6 10,963 6?ds Wit 20,00 :pot poml A 64.954. OUT PARCEL A at, ,j ppVpS, LANGSC"G AND NAINTEN\NCE EASEMENT AREA r l eAINTENAN[E EASEMENT APEA IWgoVFNCNI ENYFLDPF.L ANDSCAP ING AND SCHMUESER GORDON MEYER INC. /'� ENGINEERS & SURVEYORS SG 1512 GRAND AVENUE,SUITE-212 81801 GLENV►OOD SPRINGS' COLORADO �1 shall t,e 13031 94 S.1004 "'�at���a-a a�rr: d s' 'D sly-�`t aem TEN TEN UTE SUED/VISION revEment fnvelopes Eor earn LunstrOCted only within the designated Ia+P ted to REVISIONS V t+ ,,, crItICS? Accexsory luildiN- and -1 ' snail n lode nb�a ae �Ce�i d t4, rMENT J lot. Zi—IN pool-. span and ocher '' rs association. DATE By CHKO. IMPROVEMENT EN attached gaYage-, flea of Ten•Itn Ilte Rorteof"e pEgC11iVT IOM haight<xt lasts !3, ,e and 15 shall be teatwelve f ttll2,m he allowed tel' ft's Inprwemcrt P.nve'opes mly NO. s DRIVEWAY EASE 4he wilding t sl13, t�r>f shall e'.c y the Ar it c0 tom"—rem C�g^i 11 13 ,4 EeEA(14.1 ylpr)e. the ee` starting at the ecafth the ion®f •11,e seat side of wets�, 15' end _ �oee the cente�lthe r,{the existing ctdge h IAt 15r he l4 and a 1pr' en the folln"ing 1OC°t aide of Lotal,2r l 16. fn the og tot is eld;xt 'n9 tnrtherly thralg red el9nty nd 15 ard the Ote Cematery the Iaprabeeent .10pe- mfr T Kly 2 of i s t;O4,of tut 43 determined Fry an oserall distehc�of ofu t will n"t encroacrwencs efaY P-Je� pT desire exterdlry a maxi°°m o tee 348.87 KW 1'•°50` Lam.{160) fxga the mth.line or wt 15. the height followie9 I^°14'arf Belmny 7 1.patios end terra^eai la,deeePe 86l48A a1xNe the ridcx cT=aster!lp!startim ut el,wat4on is shall Ye tltOaed twelve feet(,2') 1`s..to elevatt 7990 m Lot 13. 4he reteinir9 ,+ells. apes. T Shea: '!hews m tee of'Lan 9020.5 at the nnoth line 4F tot priVaLY walla aby P�J by�,1ktfiltECtoral Review 1pildlr,9 m fA)t i7-R shalt M 1,mtr ictxl trf ra)e.atom• permitted only ire AA wiaatlonr Ins. Ten tits Rrneorne k 3 1 MAO co S N P.U.D. AND SUBDIVISION AGREEMENT O �d FOR TEN TEN UTE SUBDIVISION S3_ s a� This P.U.D. and Subdivision Agreement is made and entered into this (ZT�day of June, 1987, by and between the a municipal corporation CITY OF ASPEN, Colorado, (hereinafter referred to as "City") , and 1010 UTE CORPORATION, a Colorado corporation (hereinafter referred to as "Owner") . R E C I T A L S 1. The Owner has submitted to the City for approval, 3 execution and recordation, the final plat and development plan of a tract of land situate within the City of Aspen, Colorado, legally described on Exhibit "A" attached hereto and incorporated herein by this reference, and designated as "Ten Ten Ute Subdivision" (the "Plat"); and Z. City has fully considered the Plat and GMP allotment, the proposed development, the improvement of the land and the effects of the proposed development and improvement of land included in the Plat on other adjoining or neighboring property owners; and 4 • � City has imposed 3. certain conditions and � " requirements in connection with its approval, execution and Fs ; recordation of the Plat, such matters being necessary to f protect, promote and enhance the public welfare; and r 4. Owner is willing to acknowledge, accept, abide by and faithfully perform the conditions and requirements ` d imposed by City in approving the Plat; and 5. Under the authority of SS 20-16(c) and 24-8.6 of the Municipal Code of the City of Aspen, Colorado, City is entitled to assurance that the matters hereinafter agreed to 4 will be faithfully performed by Owner; NOW, THEREFORE, W I T N E S S E T H l NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES, the mutual covenants herein contained, ana the approval, execution and acceptance of the Plat for recordation by City, it is mutually agreed as follows: r=. rL _ =•r sT� � j•v4. ,�„� r1���y P•1rE�O I. GENERAL DEVELOPMENT PLAN Ten Ten Ute Avenue Subdivision as shown on the Plat includes the following elements: A. Lots 1 through 16 which may contain a free market dwelling unit. B. T,'mplovee Houses. The use and occupancy of the employee hou-i a nvu onstructed on Lot 17-R shall be and hereby is restricted by a covenant that runs with the land to a qualified employee as is defined in paragraph 2 below. The employees residing in such unit may be charged income rental not to exceed the low-income rental guidelines applicable at the time of rental. C. Site Data Tabulations. The Site Data Tabulations Exhiit attached hereto and We a part hereof as ecifically the defines and describes further and more sp allocation of the uses anticipated within Ten Ten Ute Subdivision. II. EMPLOYEE HO�ISING DEDICATION AND RESTRICTION The employee housing commitment for ebeWesatisfied(2as employees generated by the project shall i follows: The construction of one (1) threme is °Of low-income unit on Lot 17-R and cash-fn-lieu pay Owner shall low-income for twenty-three (23) employees. construct one (1) three-bedroom low-income employee unit on + site. The three-bedroom unit shall be restricted to low-income or sale guidelines and should be em to ee1,000 give square feet. Owner reserves the right to g P the unit. caretakers of the project first priority to occupy occupants shall be selected by Owner. The unit shall be issued prior to _ constructed and a Certificate of Occupany P the issuance of a Certificate of Occupancy ect for the first for to allow free-market residential unit of the pro' concurrent construction of the units. The rental or sale price guidelines for the unit shall be adjusted to the low-income guidelines in effect at thfo=im time unit issuance of a Certificate of Occupancy at the cash-in-lieu payment for twenty-three (23) employee low-income guidelines of $20,000.00 per aid eatlthe tiiae aOf $28,750.00 per homesite, and shall be p the issuance of a Building Permit for construction of a to residential unit. The payment amount shall be adjusted me the low-income cash-in-lieu guidelines in effect at the time of the payment. Owner shall have the right to continue A conversations with the Aspen/Pitkin County Housing y to explore other alternatives allowed by the Aspen Municipal Code to lump sum payment.is These covenants hall commitment, deemed to including un _ 2 _ 1 r 3 nr 'I,tic��l � - with Lot 17-R as a burden thereof for the benefit of and shall be specifically enforceable by City by appropriate legal action, including injunction, abatement, eviction or rescission for the period of the life of the longest lived member of the presently existing City Council of Aspen plus twenty-one (21) years for a period of fifty (50) years from the date of recordation hereof in the Pitkin County real c s property records, whichever period shall be less. III. CONSTRUCTION AND IMPROVEMENTS A. Construction Schedule. Owner shall construct the project in phases. The first phase commencing in the Summer of 1987, and the second phase commencing in the Summer of `. 1988. Owner anticipates that the project will proceed in s..: accordance with the following time frames which time frames 4 shall not constitute binding representations or schedules. (1) Summer of 1987 - Overlot grading, water, sewer, electric, gas, TV and cable TV, pond construction, Common Landscape Phase 2, Ute Avenue realignment, Ute Avenue z. Bike Trail. (2) Summer of 1988 - Common Landscape Phase II, Private Roads Phase 1, Private Roads Phase II. It being understood that what is not completed in the Summer of 1987 will be completed in the Summer of 1988 or the Summer of 1989. ' B. Construction Techniques. All construction in Ten Ten Ute Subdivision shall conform to and follow the recommendations of Chen and Associates attached hereto as Exhibit "E" regarding construction techniques and temporary , protections of natural slopes, the Wheeler Ditch and the " Roaring Fork River, specifically as it relates to the lots on the ridge. C. Roof Drainage. All roof drainage shall be retained onnssi e, and shall not be allowed to enter the Roaring Fork River by surface run-off. D. Landscaping Plan. In accordance with 524-8.16 of � . the Aspen Mun cipal Code, all landscaping shall substantially conform to the "Landscape Site Plan" as shown on the plat. Owner shall plant six (6) street trees as shown on the Landscape Plan in the Ute Avenue right-of-way. owner will irrigate and seed the ten-foot (101) wide landscaped median. The Landscape Site Plan is intended to be implemented in three phases. Phase I will be accomplished in the first year of construction. Phase II will be accomplished in the second and third year of construction. The Final Phase will be completed over the next four to five years when most of the houses are constructed. As each house is completed, the landscaping mZl - 3 I 3+ { ' S . py� .4 E �: required for that house will be completed. F.s much landscaping as practical will be done on each site before construction takes place. it is the intent of owner to ul, natural. enants of create a beautifvironment for the occup the site to enjoy. The Landscape Site plan shows plant shrub material and other landscape features, flower androposed beds, proposed materials, existing location t of outlets, and a treatment of all ground surfaces, plant material schedule. g, Ve etation of Disturbed Areas. owner agrees, rov sons o the Landscaping and Grading pursuant to the p y or*_ion:- of Plan that during the course of construction an as soon as the property which are disturbed hanlaccozdarce with practical, be landscaped and 9 the Landscape Plan. F. Underground Utilities . All new utility systems constructed wit�r' 7.n Ute Subdivision shall be underground. G. Improvement District. Owner shall commit to erty all improvement n�stricts affecting the subject property join with the exception that Owner shall not be req bred City the Lodge Improvement District as proposed y municipal Council in Resolution 87-1. In the event that any P improvement or improvements kind CitytofpASpen, as Section 20-16 of the Municipal improvement District become, amended, except for the Lodge Impr Council of in the sole judgment or discretion or desirable to the area of the the City of Aspen, necessary above-described property, Owner will make noec it unreasonable objection to any special assessment or sp ro arty is '< proceeding therefor on existing basis that on the adequately served by by basis that the premises will not b re served osed. o Owner f further the improvement or improvements p p Y� Cit any agrees to join, upon the demand therefor by special improvemen: district,improvements renewal (including ctwithout urban for construction of such imp aved limitation, signage, drainage, underground nd gutters,utilities,sidewalks, streets =,nd alleys, planting, curbs, gutters, street lights of , traffic circulation, blic transportattrails, recreation facilities, berms, open space lands, puthe facilities, parking, etc.) , in the area above-described property. Fl, Woodburninq Devices. The installation and use of woodburning devices Ten Ute Sub ordinance) 86-5� in Ten accordance with the requirements o€ incorporated herein by this reference and as in effect on the date of this agreement. I. Fire hydrant. Owner shall relocate to the f the Fire Marshall and Water Department satisfaction o 4 <' e I , t ' r _ !, ? existing fire hydrant No. 742 prior to the issuance of a Certificate of Occupancy for the first house. If .. replacement of this hydrant is deemed necessary, City and Owner agree to negotiate allocation of cost in good faith. J. working Drawin s. owner shall submit working drawings o a water system to the Water Department for } approval prior to construction. K. Air Pollution. Owner shall develop an air pollution control plan to mitigate construction impacts which shall be approved by the Environmental Health Department prior to the issuance of a Building Permit. L. Noise. Owner shall comply with all requirements of the noise abatement ordinance 81-12 incorporated herein by this reference. M. Mine Tailings. Owner agrees that in the event mine tailings are uncovered during excavation, Owner shall have the soil tested for toxicity and the tests shall be reviewed by the Environmental Health Department prior to the d removal m val of any soil from the site. N. Incorporation of Re resentations and Written Submittals. Owner hereby ratif es and confirms each and every representation made and set forth by Owner in its application dated December 1, 1986, and all written �1 submittals and representations made in connection therewith e: to the Planning and Zoning Commission and City Council, 8 which application and representation shall be deemed to be made a part of this agreement and to be incorporated herein �; by this reference. O. Building Restrictions. Owner agrees and hereby covenants that the building height on Lots 13, 14 and 15 shall be restricted to twelve feet (121) above the east ridge. No roof shall exceed twelve feet (121) above the center line of the existing ridge starting at the south property line of Lot 15 and extending northerly through Lot 15, Lot 14 and a portion of Lot 13 determined by an overall distance of one hundred eight feet (180') from the south line of Lot 15. The height limit will not exceed twelve feet above the ridge center line starting at elevation 8020.5 at the south line of Lot 15 to elevation 7990 on Lot 13. The building on Lot 17-R shall be restricted to one k= story. IV. NON-COMPLIANCE AND REQUEST FOR AMENDMENTS OR EXTENSIONS BY OWNER In the event that the Citv Council determines that the owner is not acting in substantial compliance with the terms of this Agreement, the City Council shall notify the Owner I - 5 - I I i E A 4 f in writing specifying the alleged non-compliance and asking 1{ that the Owner remedy the alleged non-compliance within such reasonable time as the City Council may determine, but not less than forty-five (45) days. If City Council determines that Owner has not complied within such time, the City Council may issue and serve upon the Owner a written order specifying the alleged non-compliance and requiring the Owner to remedy the same within thirty (30) days. Within twenty (20) days of the receipt of such order, the Owner may file with the City Council either a notice advising the City Council that it is in compliance or a written petition requesting a hearing to determine any. )ne or both of the following matters: (a) Whether the alleged non-compliance exists or did exist, or (b) Whether a variance, extensica of time or amendment to this Agreement should be granted wit:: respect to any such non-compliance which is determined to exist. Upon the receipt of such petition, the City Council shall promptly schedule a hearing to consider the matters set forth in the cease and desist order and in the petition. The hearing shall be convened and conducted pursuant to the procedures normally established by the City Council for other hearings. If the City Council determines by a preponderance of the evidence that a non-compliance exists which has not been remedied, it may issue such orders as may ' be appropriate; provided, however, no order term-_nating any approval granted herein shall be issued without a finding of the City Council that substantial evidence warrants such action and affording the Owner a reasonable time to remedy such non-compliance. A final determination of nor.-compliance which has not been remedied or for which no variance has been granted may, at the option of the City Council, and upon written notice to the Owner, terminate any of the approvals contained herein which are reasonably related to the requirement(s) with which Owner has failed to comply. Alternatively, the City Council may grant such variances, extensions of time or amendments to this Agreement as it may deem appropriate under the circumstances. In addition to the foregoing, the Owner or its successors or assigns may, on its own initiative, petition the City Council for a variance, an amendment to this Agreement or an extension of one or more of the time periods required for performance under the Constructions Schedules or otherwise. The City Council may grant such variances, amendments to this Agreement, or extensions of time as it may deem appropriate under the circumstances. The parties expressly acknowledge and agree that the City Council shall not unreasonably refuse to extend the time periods for performance indicated in §VII, paragraph A of the Construction Schedules if Owner demonstrates by a preponderance of the evidence that the reasons for the - 6 - r, i . a �T,I ,r-635 delay(s) which necessitate said extension(s) are beyond the control of the Owner, despite good faith efforts on its part to perform in a timely manner. V. 1; EASEMENTS AND RIGHTS OF WAY j The Plat sets forth certain easements and rights-of- way, and anticipated relocations that will be necessary to cause the improvements anticipated thereon, which easements and rights-of-way include the following: A. Private Access and Utility Easements. Owner dedicates and grants to City for the benefit of public utilities, and City hereby accepts the access and utility easements shown and dedicated on the Plat. B. Public Trail Easement. Owner hereby dedicates and grants to City for the benefit of the public, and City hereby accepts the Public Trail Easement described on the Plat. Provided, however, that the use of this easement by the public is conditioned upon the construction of a trail between the east property boundary and the Roaring Fork River linking this trail to the Aspen Club Trail, or the construction of the Gordon Bridge with an associated public right-of-way to State Highway 82. City agrees that it will save and hold Owner harmless from all claims, causes of action, suits, damages or demands whatsoever in law and in equity which may arise out of or as a consequence of City's • negligence in maintaining, repairing and utilizing the easement premises, as well as public occupancy and use of �. the trail. C. Ute Avenue Dedication. Owner hereby dedicates and grants to City, and City accepts an additional ten foot (10') easement to the existing Ute Avenue right-of-way from the edge of The Gant condominiums to the entrance of the project as more clearly shcuii on the Final Plat. Owner hereby dedicates a ten-foot (10') street widening easement along Lot 1, Ho;- Subdivision. owner hereby reserves the right to construct the improvements which widen Ute Avenue. Owner further reserves the right to maintain the landscaping in the Ute Avenue right-of-way. VI. OTHER DEDICATIONS A. Exemption. The employee housing unit located on Lot 17-R constitutes a bona fide low-income housing development and Owner and City hereby agree to the exemption of the same from the application of the park requirements of Section 20-18 of the Asonn'Municipal Code. B. Park Dedication Fee. A park dedication fee in the amount of $71,000.32 is owed by Owner. The calculations of 7 - i this payment is more fully set forth on Exhibit "C" attached hereto and made a part hereof by this reference. Owner is dedicating land to City. A letter appraisal has been submitted to City which shows a valuation for the park in (.' excess of the park dedication fee owed by owner. Therefore, xr no park dedication fee is owed by owner. 7 fC. Granting of Land. Owner hereby dedicates to City and City accepts a parcel of land of approximately 1.6 acres as shown as Out Parcel A on the Final Plat. Owner shall improve the land as represented in the GMP Application. Owner shall install an irrigation system in the park and construct a gravel parking lot for ten (10) cars for the park thirty feet (301) from the property line of Hoag Lot 2 with a birm of eight feet (81), and shall plant two (2) evergreen trees. City shall own and maintain the irrigation system and City shall be responsible for the maintenance and upkeep of the land as a park. The following restrictive covenants shall be placed on the land and shall run with the land: (a) overnight parking iii the proposed public park shall be prohibited, and Ib) the land shall be maintained as a passive park and provide for Nordic/Alpine skiing and hiking access to Aspen Mountain. Owner, or his successors and assigns, shall have the right to prosecute any action to 'enforce these covenants by injunctive relief. The prevailing party in any enforcement action shall be entitled ell, f to an award of costs and attorneys' fees. City a 9 rees it will save and hold Owner, its successors and assigns, �. harmless from all claims, causes of action, suits, damages or demands whatsoever in law or in equity which may arise out of or as a consequence of City's negligence in maintaining, repairing and utilizing the land. VII, OPEN SPACE AREA MANAGEMENT, MAINTENANCE AND USE Owner agrees that easements for the Ponds, Landscaping and Maintenance Easement areas as depicted on the Final Plat shall be granted to the Homeowners' Association to insure consi$tent maintenance, The Ponds, Landscaping and Maintenance Easement Areas may be improved and used as set forth in the Protective Covenants for the subdivision. Responsiblity to the Homeowners' Association in this respect may be contractually delegated to a private property management company to a salaried employee of the Homeowners' Association. The following shall also apply to the Homeowners' Association hereinabove referred to: A. Formation. The Homeowners' Association shall be fully formed and established prior to the closing of a sale of any lots within Ten Ten Ute Subdivision. B. Documentation. Operative documents for the Homeowners' Association shall include articles of incorporation, bylaws, and rules and regulations. The 8 - t ss b 1 a i r .-y 5.))j ��� �! Homeowners' Association shall have the duty to enforce such protective covenants as will be recorded by Owner for the ; purpose of preserving the architectural and aesthetic compatibility of the entire development and its Component features. j C. Membership Mandatory. Membership in the. 3 Homeowners' Association shall be mandatory for each owner of the fee simple Lots 1 through 16 and shall be automatic upon _. the recordation of any instrument transferring a legal ownership interest (excluding standard security interests) C in or to any of such lots. D. Insurance Taxes Maintenance. The Homeowners' Association shall a responsibia or a blanket liability and hazard insurance policy with respect to the open space easement areas, as well as taxes and maintenance of Lot 17-R. E. Assessments and Liens. The Homeowners' Association shall have the power to levy assessments which will become a .. lien on individual fee simple Lots 1 through 16 for the e: purpose of paying the cost of operating and maintaining open { space easement areas and Lot 17-R, as well as any other right to assess and lien granted in the Protective Covenants. F. Board of managers. The board of managers of the Homeowners' Association shall consist of at least three (3) members who shall be owners of the fee simple Lots 1 through • 16 within the development. G. Section 24-8.19(b) Requirements. Owner shall record covenants r ef cting the above-described responsibilities, purposes and powers of the Homeowners' Association. In the event the Homeowners' Association (or [: any successor organization) shall fail to maintain said ponds, landscaping and maintenance areas, the procedures and rights of City more particularly described in Section ;_: 24-8.19(b) of the Aspen Muncipal Code, which is hereby • incorporated by reference as if set forth verbatim herein, shall then and there go into effect and apply. owner t` further acknowledges that the procedure set forth in Section IV above, pertaining to the procedure for default and amendment of this agreement, shall not be required with respect to the enforcement and implementation of common � ` facilities maintenance as set forth and required by Section 24-8.19(b) . �. VT_II. WATER Owner and City have entered into a Raw Water Agreement recorded in Book _ _ at Page ^! in the office of the Clerk and Recorder ol Pitkin County, Colorado. Treated water :service lines shall be installed as shown 9 - of �E� on Utilities Sheet attached to the Plat. City agrees, on approval of the agreement, working drawings for the water system, and the signing of this Plat through its Water Department, to supply water service to Ten Ten Ute Subdivision on the same basis as other customers, and subject to the rules and regulations of the water Department. Lot owner agrees to pay such tap fees therefor as shall be determined by the tap fee schedule presently in effect at the time water service shall be extended to the improvements. IX. SEWER Sewer lines shall be installed consistent with the A provisions contained within the Utilities Sheets attached to the Plat. Owner agrees to pay such tap fees therefor as shall be determined by the tap fee schedules in effect at the time sewer service shall be extended to the improvements. Lot owner agrees that engineers from the Metropolitan Sanitation District shall be entitled to inspect the construction of the main trunk sewer lines. Upon completion, these lines will be turned over to the Metropolitan Sanitation District, together with such appropriate easements as may be necessary. X. FINANCIAL ASSURANCE ' Those portions of the Improvements and Landscaping for which financial assurances have been requested by the City Engineer, and which hereby are agreed to be given as described on Exhibit "E" attached hereto and made a part l hereof. The guarantee to be provided by the Owner shall be in the form of an irrevocable bond, sight draft, or letter of credit from a responsible financial institution. The guaranty shall be in a form acceptable to the City Attorney r and the City Manager, and shall give City the unconditional right upon clear and unequivocal default by Owner to withdraw funds as necessary and upon demand to partially or fully complete and/or pay for any of such improvements or pay any outstanding bills for work done thereon by any party with ar excess guaranty amount to be applied first to additional administrative or legal costs associated with any such default and the repair of any deterioration in ( improvements already constructed before the unused remainder, if any, of such guaranty is released to Owner. Provided, however, that Owner shall be given fourteen (14) days written notice of default prior to City's ability to make a call under the letter of credit. As portions of the improvements required are completed, the City Engineer shall inspect them, and upon approval and written acceptance, he shall authorize the release of the actual cost as documented by invoices for that portion the improvements; PROVIDED, HOWEVER, that ten percent (10%) of the estimated cost. shall R. - 10 - i s< - Y 4: be withheld until all proposed improvements are completed ` and approved by the City Engineer. Owner, its successors or assigns, hereby agrees to further provide unto City a warranty as to the fire hydrant improvements described on Exhibit "D" for a period of one (1) year from and after written acceptance by City of the hydrants. It is the express understanding of the parties that the procedure set forth in Section IV pertaining to the procedure for default and amendment of this Agreement shall not be required with respect to the enforcement and implementation of financial assurance and guaranties to be provided by Owner as set forth above and required by Section 20-16(c) and 24-8.16 of the Aspen Municipal Code. XI. MISCELLANEOUS A. The provisions hereof shall be Linding upon and inure to the benefit of Owner and City and their respective successors and assigns. B. This Agreement shall be subject to and construed in accordance with the laws of the State of Colorado. : C. If any of the provisions of this Agreement or any paragraph, sentence, clause, phrase, word, or section or the application thereof in any circumstances is invalidated, such invalidity shall not affect the validity of the remainder of this Agreement, and the application of any such provision, paragraph, sentence, clause, phrase, word, or section in any other circumstance shall not be affected thereby. D. This P.U.D. and Subdivision Agreement contains the entire understanding between the parties herein with respect to the transactions contemplated hereunder and may be altered or amended from time to time only by written instruments executed by all parties hereto. E. Numerical and title headings contained in this Agreement are for convenience only, and shall not be deemed determinative of the substance contained her-in. As used herein, where the context requires, the use of the singular shall include the plural and the use of any gender shall include all genders. F. Upon execution of this agreement by all parties hereto, City agrees to approve and execute the Final Plat for Ten Ten Ute Subdivision, and to accept the same for recordation in the office of the Clerk and Recorder for Pitkin County, Colorado, upon payment of the recordation fee and cost to City by Owner. For its part, Owner hereby r � r > p x , } `4 yxA ratifies and confirms each and every representation and public dedication made and set forth on said Plat. G. Notices to be given to the parties to this Agreement shall be considered to be given if delivered or if deposited in the United States Mail to the parties by registered or certified mail at the addresses indicated ' below, or such other addresses as may be substituted upon written nutice by the Parties or their successors or assigns: CITY OF ASPEN 1010 UTE CORPORATION City Manager David G. Behrhorst 130 S. Galena Street P.O. Box 9046 Aspen, CO 81611 Aspen, CO 81612 H. The terns, conditions, provisions and obligations herein contained shall be deemed covenants that run with and burden the real property more particularly described in Exhibit "A" hereto and any and all owners thereof, their successors, grantees or assigns and further shall inure to the benefit of and be specifically enforceable by or against the parties hereto, their successors, grantees or assigns. I. Owner represents and warrants that it is the fee title owner of the subject parcel with full authority to enter into this agreement, and that any and all persons, firms or entities having any lien, encumbrance or interest in the property have consented to the dedications, restrictions, and conditions of approval set forth herein, and that this agreement shall not be recorded in the office ! of the Clerk and Recorder for Pitkin County, Colorado, nor Shall any of the approvals granted herein take effect without the written consent (or subordination, if applicable) of any such person, firm or entity. IN WITNESS WHEREOF, the parties hereto have hereunto �± executed their hands and seals on the dates and year respectively indicated, in full understanding and agreement to the terms and conditions herein contained. CITY OF ASPEN, a Colorado municipal corporation 't..61 A William L. Stirling, Mayo i.°•�. XTT 's Ago yn?fV Koch, City Clerk ,��C�RA>> •,' ^'MI)DITIONAL SIGNATURES AND NOTARY ACKNOWLEDGMENTS ON NEXT PAGE) i 12 — a , �j` -T71 y. Y a Z EXHIBIT "A" TO P.U.D AND SUBDIVISION AGREEMENT FOR TEN TEN UTE SUBDIVISION a KNOW.ALL MEN BY THESE PRESENTS, that 1010 UrE CORPORATION, a Colorado corporation, being the owner of all the following described real property being situated in the City of Aspen, Pitkin County, Colorado: A tract of land situate in Section 18, Township 10 South, Range 84 West of the 6th Principal Meridian being more particularly described as follows: { 3: Beginning at a point on the south boundary line of the DRC Subdivision, City of Aspen, County of Pitkin, State of Colorado, %hence a brass cap for Aspen lteensite Corner N' 1 bears S 28'28100" W 150.50 feet; thence N 28'28100" E 134-56 feet along said south boundary; thence N 89'34'42" E 382.32 feet along said south boundary to the southerly boundary of the Calderwood Subdivision in I said City of Aspen; thence alond said southerly boundary.the following eight courses: 1) S 27'07130" E 34.98 feet; thence 2) S 28'24146" E 58.00 feet; thence 3) S 69'49111" E 31.15 feet; thence 4) N'67'52'49" E 113.22 feet; ? thence 5) N 48'51150" E 32.32 feet; thence 6) N 21'19'14" E 93.58 feet; thence 7) N 42'49114" E 40.95 feet; thence 8) S 61'24125" E 75.42 feet; PS to line 9-8 of Tract B of the East Aspen lownsite Addition, thence S 00'21'00" W " F 468.13 feet along said 9-8 line to the north line of a tract of land described in cook -260 at Page 632 of the records of the Clerk and Recorder of Pitkin *, County, Colorado; thence N 90'00100" W 183.52 feet along said north line to the easterly line of lot 6 of The Hoag Subdivision in said City of Aspen, thence N 50'39100" W 283.00 feet along said east line of Lot 6; thence S 25'27109" W ° 323.34 feet along the northwest line of said Lot 6 to the easterly right-of-way line of Ute Avenue; thence N 27'05115" along W 283.03 feet alo said right-of-way line;thence N 33'39145" W 186.72 feet along said right-of-way line to the point of beginning containing 6.054 acres more or less. °- Also, lot 1, Hoag Subdivision, County of Pitkin, State of Colorado, containing 1.583 acres more or less. ti S j,zt Y f J d � J", f, a) EXHIBI'2 "B" SITE DATA TABULATION Lot Size: Improvement Envelope Lot No. Acres Square Feet Area Square Feet Lot 1 0.69 30,073 8,264 Lot 2 0.55 24,307 8,098 Lot 3 0.34 15,188 8,037 Lot 4 0.33 14,806 7,887 Lot 5 0.47 20,650 7,542 Lot 6 0.65 28,599 7,274 Lot 7 0.34 15,102 6.762 Lot 8 0.47 20,733 5,755 Lot 9 0.23 10,058 3,406 Lot 10 0.23 10,320 3,697 Lot 11 0.18 7,988 4,697 Lot 12 0.18 7,918 4,149 Lot 13 G.16 7,365 4,310 lot 14 0.21 9,196 6,051 Lot 15 0.24 10,732 8,115 Lot 16 5.24 10,663 4,415 Lot 17-R 0.45 20,005 5,969 ' Outparcel A 1.58 68,954 N/A Total Subdivision 7.54 332,657 104,428 Note: 1) Minimum FAR per Lots 1 through 16 shall be 3,000 sq. ft.; }i 2) Minimum FAR for Lot 17-R shall be 1,000 sq. ft.; and '} AOL 3) Maximum FAR for each Lot, including Lot 17-R, to be set in the deed of conveyance to each Lot owner; provided, however, the total FAR for Ten Ten Ute Subdivision cannot exceed 68,900 sq. ft. as currently calculated by the City of Aspen Code in effect June 1, 1987. Y V, W �q'py xt �7 h EXHIBIT "C" PARK DEDICATION FEE s� PROPOSED DEVELOPMENT: Lot 1 4 AR Lot 2 4 BR Lot 3 4 BR Lot 4 4 BR Lot 5 4 BR `-- Lot 6 4 BR Lot 7 4 BR Lot 8 4 BR Lot 9 q BR Lot 10 4 BR Lot 11 4 BR Lot 12 4 BR Lot 13 4 BR :'` Lot 14 4 BR w Lot 15 4 BR Lot 16 4 BR } Lot 17-R N/A + TOTAL 64 BR ` Includes one (1) three-bedroom employee unit exempt f_om park dedication fee requirements_ The December 1986 purchase price of $1,175,000.00 for the whole parcel indicates the fair market value of the Property. Fee calculated as follows: 7 l $ 1,77 h 000.00 = $ 110,937.50 x .01 = $ 1,109.38 16 Total Fee: 16 Lots x 4 BR x $ 1,109.-8 i 71,000.32 t i r AK A >* y ro fV PIWK 3111. p4vl 79 rN T FIRST ANIETIDMENP - FINAL PLAT OF }" ' C-) TEN TEN UTE SUBDIVISIGN ° CITY OF APSEN, COUNTY OF PITRIN, STATE OF COLORADO THE'FnLLOWING AMENDMENTS are hereby made to the Final Plat of Ten Ten Ute Subdivision recorded in Plat Book 19 on Pages 80 and 81, June 19, 1987, in the records of the Clerk and Recorder's office, Pitkin County, ' State of Colorado. 1) Maximum Building Height on Lot 1: In accordance with Section 24-8.3(a) of the Municipal Code of the s City of Aspen, Colorado, the maximum building height shall be measured from an initial grade elevation of 7967 MSL. 2) Improvement Envelope on Lot 9: The improvement Envelope is amended to change the northerly line } of said Envelope so that it is two feet southerly of, and parallel 1 to, the southerly easement line of the twelve foot Public Trail Easement on Lot 9. 7be amended area of tine Improvement Envelope of Lot 9 is increased by 305 square feet to a total of 3711 square feet. The amended Improvement Envelope of iet 9 is shown below. _ j•f..-7 74.85' �. .39 ca. BB'67'r?'E Ch�51 pj71 1 �a SCALE:r.20" si LOT 9 "'al vt �{ / \j2. \� NBD'00'00'M --_I T •� A ` LINE BEARING DISTANCE 1 Na8'02'30'E 10.78 / CURVE DELTA RADIUS TANGENT LENGTH CHORD BEARING CHORD f 34'43'36' 54.00 16.80 32.lU N51'38'48'E 32.20 I I Y u. wort 561. PAGE180 3) Utility Easements. 9')ie Utility Easements are amended as follows to reflect the actual or a6-built locations of utilities within the Subdivision. fibre seC'tically, the twenty-foot (201) Utility Easement through Lots 1, 17=lt, 5, 6, 9, 11 and 10 described as follows is hereby deleted and vacated• Beginning at a point on the westerly line of said Lot 1, whence 44 , the:northwest corner of said Lot 1 bears N 33°39145" W 18.13 feet; z. thence N 43'55101" E 100`.62 feet, thence S 50044139" F 155.02` feet; thence N 64'02112" E 97.19 feet- thence S 75°33152" E 187.90 feet,, thence N 15'47'08" E 71.55 feet; thence S 87°37'02" E 147.10 feet, thence'N 31'50'11" E 102.00 feet to the point of ending. Also, that twenty foot (201) Utility Easement through Lots 9 and 10 described as follows is hereby deleted and vacated: Beginning at a_ point on the northwesterly line of Lot 9 of said _ ` Ten Ten Ute Subdivision whence the southwest corner of said hot 9 bears S 21'19114" W 52.58 feet; thence S 42'24'00" E 16.73 feet; thence S 21'19114" W 90.58 feet; thence S 57'02129" W 50.36 feet to r the point of erxling. A twenty foot (201) Utilt: Fasement for sanitary sewer facilities in pl ace, the er_mterlinF being described as follows is hereby granted to the P.spen Consolidated Sanitation District: Beginning at a point on the westerly line of Lot 1 of said Ten Ten Ute Subdivision, whence the southwest corner of said Lot 1 bears S 27'05115" E 19.85 feet; thence N 73°56'42" E 54.76 feet; thence N 17'59152" E 120.24 feet; thence N 64'38'24" E 95.26 feet; thence S 77'23'29" E 118.19 feet to the point of ending. A Utility Easement of variable width from twenty feet (201) to thirty feet (301) in width and described as follows, is hereby granted to the City of Aspen a public utility easement including, but not limited to, potable water facilities in place and the Aspen Consolidated Sanitation District for sanitary sewer facilities in place: Beginning at the southwest corner of Lot 9 of said Ten Ten Ute Subdivision; thence N 21'19'14" E 57.75 feet along the west line of said Lot 9; thence S 42'24100" E 19.99 feet; thence S 02°55'33" E 29.41 feet; thence S 21'19114" W 98.92 feet; thence S 13°34'03" E 143.26 feet; thence S 23'46119" W 93.25 feet; thence N 66°13'41" W 20.00 feet; thence N 23°46'19" E 86.49 feet; thence N 13°34103" W 160.27 feet; thence N 21'19114" E 68.78 feet to the point of beginning. CITY APPROVAL AND ACCEPTANCE The First Amendment to the Final Plat of Ten Ten rite Subdivision with respect to the initial grade elevation for measuring the maximum Ruildinq Height on Lot 1 noted herein is hereby approved and accepted by the City ! Council of the City of Aspen, this t6t..day of i ./� Y � ,c.'d. , 1988. By i �'L �`iiG�a4� P '« Mayor PLANNING DEPAR1fYW APPROVAL �. I . The First Amendment to the Final Plat of Ten Ten Ute Subdivision is appr wed tly the Planning Director of the City of Aspen this :a. day 1988. BY )4r('I" ��rC Plann n4 Director k t -2_ ATM«+€ ­1` CITY ENGINEER'S APPRTJVAG 510 PAUISI The First Amendment to the F'i-ial Plat of Ten Ten Ute Subdivision is approved by the City Engineer c:f r_he City of Aspen this day of 1988, / Rv ,C — ' Crt}r OWNER'S CERTIFICATE s The First Amendment to the Final P1.3t of Ten Ten 11te Subdivision is i approved. 4 rl. lni0 PTP CORPORATION, co ation By David C. Sehrhorst, lice President .#1 E7mE QqF'(Yd72Ap0 ) ss. a C�C7CII1�F"1°'OF.I!ITKIN ) 4�( Tt eUforeg04�q instrument was acknowledged before me this / day of cp ) 1988, by David c:. Behrhorst WITNESS my hand and official seal. My commission expires: �- ;•,4 J.L. Par earyLot Sc- Robert U. Scinto and Barbara Scinto, Lot 6 Cene Coluh, Lot 2 Susan Fleet Welsch, Lot 3 Kenneth S. rottleih and Karen Cottleib, Lot 4 Brian Michael Wilson, as Trustee of Brian Michael Wilson inter y vivos Trust Aqreement dated April 2Q, 1981, Iot 7 Joseph S. Cross and Ursula R. Cross, Tot 8 Stefan T. F.dlis, T-ot 10 David F Mocker, and Mary Jane FTocker, Lot 13 Peter C. Meinio, F.ot 14 Phyliss S, poiel, Got 15 or P. Palmieri, IDt 16 Sy David A, eehrhorst, as their Attorney-in-Fact STATE, OF (bIDRADO ) ? ? SC. COUNTY OF PITKIN ) i * Vo1-*cping instrument was acknowledged before me this day of 1988, by David C. Rehrhorst as Attorney-rn-Fact on ,tieha' of c j usan Fleet Walsh, Kenneth S. Gottleib and Karen Cot�}eih,:Brian Michael Wilson, as Trustee of. Brian Michael Wil.son Fn�Rr•,ylN, Trust Agreement dated April 29, 1981, .Joseph F. Cross and pr�sUla B •Gross' Stefan T. Fdlis, David E. Fk)cker and Mary Jane Hocker, r'C-'Winiq, Phyliss F, F1oje1, Victor R. Palmieri I.L. Pardee, add cR,iert D. Scinto and Barbara Scinto. WITNFSS my hand and official seal. My CDmmiRsiOil expires: ij i L•." ) itart/ Pox 561 pacAS? N TFN UrE H(JMF7f7WNERS ASSOCIATION, `a«� cIrr aa t•ado tion. � — i David G- Aehrhorst., President i 9� r .�h TW Son 14 1 f gat-SOcretary , OF COLORADO ) L�OIII�LY Qi",PITKIN H ing instrmmt was acknowledged hefore ma this / day of 1988, by David G. Behrhorst, President,on behPlf of e l lneowners Assoc ates, A Colorado corporation. w. � Y hand and official seal. 'PV JMj+� Sion expires: p;�rB9 NMotary c 10 rst AMendment to the Final Plat of the Ten Ten ❑te StIblivision was accepted for filing in the office of the Clerk and Fte!.i�rder of Pitkin-Count ,+ of Y. Colorado, at o'clock _ M., this day AeCept on•No. 1988, in Plat Book , at Page's) } Y Pit to County Clerk & Recorder k � t _q_ vrwi" � Floor Area Lot 1 30,073 0.69 8,264 4,200 0017 Ute Place Lot 2 24,307 0.55 8,098 4,500 0018 Ute Place Lot 3 15,188 0.34 8,037 4,100 0010 Ute Place Lot 4 14,806 0.33 7,887 4,200 0036 Ute Place Lot 5 20,650 0.47 7,542 4,000 0035 Ute Place Lot 6 28,599 0.65 7,274 4,000 0037 Ute Place Lot 7 15,102 0.34 6,762 4,400 0038 Ute Place Lot 8 20,733 0.47 5,755 3,800 0083 Ute Place Lot 9 10,058 0.23 3,406 3,900 0100 Ute Place Lot 10 10,320 0.23 3,697 3,600 0096 Ute Place Lot 11 7,988 0.18 4,697 4,000 0090 Ute Place Lot 12 7,918 0.18 4,149 4,850 0086 Ute Place Lot 13 7,365 0.16 4,310 4,300 0082 Ute Place Lot 14 9,196 0.21 6,051 4,600 0074 Ute Place Lot 15 10,732 0.24 8,115 4,800 0072 Ute Place Lot 16 10,663 0.24 4,415 4,000 0069 Ute Place Lot 17-R 20,005 0.45 5,969 1,546* 0019 Ute Place Outparcel A 68,954 1.58 n/a n/a n/a Total: 332,657 7.54 104,428 68,796** * Lot 17-R does not have a Warranty Deed. This number is based on a letter from David Behrhorst the Vice President of the 1010 Ute Corporation dated March 22, 1988. **The Maximum Allowed Floor Area per the PUD is 68,900 sq. ft. t Page 6 3 24-3.1 ZONING §24-11 §24-3.1 ASPEN CODE §24-3.1 (q) Open-use recreation site. Land devoted to public use for recreation including such facilities as playgrounds and lines, cables, or other transmission or distribution facilities playfields, golf, tennis and similar court installation, riding of public utilities. ring,tracks and stables and similar facaities. (z) Use: The purpose for which land or a building is (r) Person: The word "person" shall also include associa- designated, arranged, or intended,or for which it either is or tion,firm,co-partnership,or corporation. may be occupied or maintained: (s) Professional office: For-use by those such as physi- (aa) Yard: An open space other than a court, not in an cians, dentists, lawyers, architects, engineers, accountants alley or street, unoccupied and unobstructed from the ground and others, who, through training, are qualified to perform upward, except as otherwise provided in this code. services of a professional nature, and where limited storage or sale of merchandise exists. (1) Front yard: A yard extending the full width of the lot (t) Public way: n or parcel the depth of which is measured by the least y: y parcel of land unobstructed from the horizontal distance between the front lot line and the ground to the sky, dedicated or appropriated to the free nearest wall of the principal building, such distance passage of the general public. being referred to as the front yard setback. (u) Recreation club:' A building devoted to public use (2) Rear yard: A yard extending the full width of the lot including such facilities as golf club house, swimming pool of parcel, the depth of which is measured by the least club house, tennis club house, playground and playfield horizontal distance between the rear lot line and the activity centers or club houses and may include kitchen nearest wall of the principal building, such depth facilities, assembly halls, meeting rooms, locker facilities, being referred to as the rear yard setback. etc. (3) Side yard:A yard extending from the front yard to the (v) Service yard. Any yard area utilized for storage of rear yard, the width of which is measured by the least material accessory to or used in conjunction with the horizontal distance between the side lot line and the principal use of the lot or building, used for g, garbage or nearest wall of the principal building. trash containers or the location of mechanical equipment accessory to the principal building or use. (bb) Commercial bakery: A bakery in which there is permitted the production and/or wholesale sale of baked (w) Shop-craft industry: Any establishment producing goods, but where over-the-counter or other retail dispensing one-of a-kind objects, made by hand or with limited of baked goods shall be prohibited. mechanical assistance, including cloth and basket weaving, pottery making,glass blowing, and ceramics. (cc) Park maintenance building: A building within park land used to store and repair vehicles and equipment and (x) Street. A public way other than an alley,which affords also usable for greenhouse and office purposes, provided all the principal means of access to abutting property, including private streets. uses are limited to park operation and maintenance purposes. (y) Structure: Anything constructed or erected, which requires location on the ground or attached to something (dd) Moderate income housing. That housing recognized having a location on the ground, but not including fences or by an approved housing plan as satisfying the community walls used as fences less than six (6) feet in height, poles, need for low and moderate housing;criteria for such housing shall be established by such a plan,have as its objective-the Supp.No.26 supplying of permanent moderate cost housing, and may 1437 Supp.No.26 1438 PON ri3Gtvu �' h 17--R, including but � limited to r l.- I inq I_mits, ssory buildings and uses, � MOf Ovf- " F 11 !� c strutted only within the de-Signated i nt 5"vefO n f� ea'Ch I,otr Accss o bui ding a mall incli e. but t be Irnit to attach garages, sai .ing IS, s and other ups &q t��it� the Arch ita-ctural Review Comittee of Ten Tipn kite Homeowners As woc iat ion IPA Inc. ntsL = � � fly. n t :f� �t side �f IGtS 9, 1Qt i , 12? 13t 7 4 1 � 16. a 1 a t qty } t Project t t Ot m-e t --EnV 10POS, DIY �- . Olt ' _ . : .... t rado Iowa- patiot: VA r � t 4W : t Afattoo i Jennifer Phelan From: Jennifer Phelan Sent: Friday, March 22, 2013 9:11 AM To: 'wlewis @forumphi.com' Subject: 17 Ute Place Hi William: I reviewed the application submitted for 1Z Ute Place and a number of items were not submitted correctly. • Agreement to pay not signed by applicant • The title report submitted is from April and shows Jim DeFrancia as the owner of the property.A current O&E should be submitted showing 17 Ute Place LLC as the owner. • A site pan has been submitted, but to amend a plat and building envelope a site improvement survey that includes all existing natural and man-made site features, including trees, and separate hatching to indicate the existing and proposed building envelopes is required as a plat will need to get recorded. Please provide in PDF form. We'll need these items to process your request. Please let me know if you have any questions. Thanks,Jennifer Jennifer Phelan,AICP Deputy Planning Director Community Development Department City of Aspen 130 S. Galena St. Aspen, CO 81611 970-429-2759 www.aspenpitkin.com Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply to the sender that you have received the message in error and then delete it. Further, the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the information and opinions contain in the email are based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. 1 COMMUNITY DEVELOPMENT • ' CITY 0 A Agreement to Pay ApPJ*WSWLr66S Anagreement between the B nd Property Dennis B 71"4,, Phone No.: 480-659-0259 Owner("1"): 17 Ute Place LLC Email: dennis@ramipartner.com Al,",, ', �; Address of 17 Ute Place Billing 17 Ute Place LLC Property: Aspen, CCITY OF A6PE Address: P.O. Box 1860 (subject of 81611 CO-MMUN R DEVELORKENT (send bills here) Bentonville, AR 72712 application) I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $ flat fee for $ flat fee for $ flat fee for $ flat fee for For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $ 945.00 deposit for 3 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at$315 per hour. $ deposit for hours of Engineering Department staff time. Additional time above the deposit amount will be billed at$265 per hour. City of Aspen: Property Owner: S'rZZV Wit bow AIX oa -&14ALF off' 17 VTE Pwu.s AS T M Ir o w ME S AUMI Icy Rr "A_gArA0W_ Chris Bendon Community Development Director Name. Dennis Burch City Use: Title: Vice President Fees Due: $ Received: $ November. 1 130 1 920-5090 ATTACHMENT 2—LAND USE APPLICATION PROJECT: Name: 17 Ute Location: 17 Ute Place Aspen, CO 81611 - Ute Place Subdivision - Lot 1 (Indicate street address, lot& block number, legal description where appropriate) Parcel ID# REQUIRED 273718265001 APPLICANT: Name: 17 Ute LLC (Dennis Burch) Address: P.O. Box 1860 Bentonville, AR 72712 Phone#: 480-659-0259 REPRESENTATIVE: Name: Steev Wilson Address: 117 South Spring St. Suite 202 Aspen, CO 81611 Phone#: 970-279-4109 TvPE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use ❑ GMQS Allotment x❑ 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 ❑ Other: ❑ Conditional Use EXISTING CONDITIONS: (description of existing buildings, uses,previous approvals,etc.) Single family residence that is deed restricted to 4200 square feet, and has a building envelope of 8264.25 square feet. PROPOSAL: (description of proposed buildings,uses, modifications,etc.) Modification of the building envelope shape with no increase in square footage of the envelope. Have you attached the following? FEES DUE: S x❑ Pre-Application Conference Summary Attachment#1, Signed Fee Agreement R Response to Attachment#3, Dimensional Requirements Form 0 Response to Attachment 44,Submittal Requirements- Including Written Responses to Review Standards ❑ 3-D Model for large project All plans that are larger than 8.5"X 11"must be folded. A disk with an electric copy of all written text (Microsoft Word Format)must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: 17 Ute Applicant: Dennis Burch, 17 Ute Place LLC Location: 17 Ute Place Aspen CO 81611 Zone District: R-15 PUD Lot Size: 0.690 Acres Lot Area: 0.690 Acres (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: N/A Proposed.• N/A Number of residential units: Existing: 1 Proposed: 1 Number of bedrooms: Existing: 6 Proposed: 6 Proposed %of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing: 4064.oo Allowable: 4200.00 Proposed.• 4199.25 Principal bldg. height: Existing: 24 -81, Allowable: 2-51 -011 Proposed: 24 ' -8 Access. bldg. height: Existing: N/A Allowable: N/A Proposed: N/A On-Site parking: Existing: 4 Required: 2 Proposed: 5 % Site coverage: Existing:N/A R-15 Required: N/A R-15 Proposed:N/A R-15 % Open Space: Existing' N/A Required: N/A Proposed: N/A Front Setback: Existing:ENVELOPE Required: 251 -0" Proposed:ENVELOPE Rear Setback: Existing: ENVELOPE Required: lo, -o,, Proposed:ENVELOPE Combined F/R: Existing:ENVELOPE Required: 351 -011 Proposed:ENVELOPE Side Setback: Existing' ENVELOPE Required: 101 -01, Proposed:ENVELOPE Side Setback: Existing:ENVELOPE Required: lo, -o,, Proposed:ENVELOPE Combined Sides: Existing:ENVELOPE Required: 201 -011 Proposed:ENVELOPE Distance Between Existing N/A Required. l0' -0° Proposed: N/A Buildings Existing non-conformities or encroachments: windows exist between 9 & 12 . There are existing light wells on the three street facing sides. Variations requested: RECEIVED f MAR 14 2013 CITY OF ASPEN CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY COMMUNITY DEVELOPMENT PLANNER: Sara M. Nadolny, 970.429.2739 DATE: 7/27/2012 PROJECT: 17 Ute Place, Lot 1, Ute Place (Ten Ten Ute) PUD REPRESENTATIVE: William Lewis, Project Manager, 970.319.7399 OWNER: 17 Ute Place, LLC TYPE OF APPLICATION: PUD Amendment DESCRIPTION: The prospective Applicant would like to amend the shape of the improvement envelope for Lot 1 of the Ute Place Subdivision (formerly known as Ten Ten Ute Subdivision) with no net increase in the area of the envelope. There is existing development outside of the existing improvement envelope, including portions of a rock wall. Per the final development plat, retaining walls and privacy walls may project to the lot lines. Adjustment of the building envelope will cause the deck and window well on the Ute Place side of the property to extend outside of the improvement envelope. According to the final development plat, encroachments may be allowed beyond the improvement envelope on this property on the Ute Cemetery side of Lot 1 in the form of a balcony and/or deck, extending a maximum of 18". The lot is part of a Planned Unit Development (PUD). PUD Amendment approval is required to modify the PUD and allow the alteration of the improvement envelope. Approval to apply for both the envelope adjustment and PUD Amendment shall be provided by the Homeowners Association. In addition, a majority of the owners under the PUD must consent to the application. Below is a link to the Land Use application Form for your convenience. http/Jwww_as e 1pitkin c.o....m/Portals./O/dcacs/�it_ylC r_n eu/Apps°I�e20 e d 120Fees/landus ap farm_,.pdf Land Use Code Section(s) 26.304 Common Development Review Procedures 26.445.100.A PUD Amendment Review by: Community Development Staff for complete application Public Hearing: Not required Planning Fees: $945.00 for Community Development Administrative Review. This includes three (3) hours of staff review time. Additional time over three (3) hours will be billed at $315 per hour Total Deposit: $945.00 Total Number of Application Copies: 2 Copies Includes appropriate drawing for board review (HPC = 12; PZ = 10; CC = T, Referral Agencies = 1/ea.; Planning Staff= 2) To apply, submit the following information x0 Total Deposit for review of application. T] Pre-application Conference Summary. EE Applicant's name, address and telephone number, contained 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. EE 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. x A site plan depicting the proposed layout and the project's physical relationship to the land and its surroundings. x0 Completed Land Use application and signed fee agreement. 0 An 8 1/2" x 11" vicinity map locating the subject parcels within the City of Aspen. x0 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 EKI 2 copies of the complete application packet and maps. D A copy of the approved PUD 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. A Written Description of the Proposal 17 Ute Place Aspen, CO 81611 We are proposing to amend the shape of the existing improvement building envelope. The subdivision and improvement envelope information for 17 Ute Place Lot I is recorded in book 19 page 81. The existing improvement envelope is 8264.25 square feet in size and our proposed improvement envelope is to be exactly the same size. The only thing that is changing is the shape of the improvement envelope. We are removing square footage from the Ute Place side (South East) and adding it to the back side (North West) of the house. This change in shape is to ensure the compliance of the proposed design. 26.445.100 - A. PUD Insubstantial Amendment Questions 1. A change in the use or character of the development. We will be changing the Character of the house. 2. An increase by greater than three percent (3% in the overall coverage of structures on the land. We will have more than 3% increase in overall coverage of the structure, but the envelope will remain the same size. 3. Any amendment that substantially increases trip generation rates of the proposed development or the demand./or public facilities. The envelope amendment does not increase the building area and should not have an impact on trip generation or public facilities. 4. A reduction by greater than three percent (3%) of the approved open space. No, the envelope square footage is to remain the same. We are just changing the shape. 5. A reduction by gu•eater than one percent (I% of the off-street parking and loading space. No, we will not be impacting off-street parking. 6. A reduction in required pavement widths or rights-of-way for streets and easements. No, we will not be reducing any easements or rights-of-way. 7. An increase of greater than two percent (2%) in the approved Foss leasable floor area of commercial buildings. N/A This is a residential project. 8. An increase by greater than one percent(I%) in the approved residential density of the development. No, This is a single family residence. 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. No. FORUM PHI 117 South Spring Street,Suite 202 Aspen,Colorado 81611 I I i P:970.279.4157 F:866.770.5585 17 Ute 17 Ute LLC i 17 Ute Place Aspen,Colorado 81611 _ AC i To"or CONSULTANTS \ SURVEYOR \ \ \ 1 Tuttle Surveying Services 266 Heather Lane, % 1 GI.n-od Springs,CO 81601 P:(970)928-9708 a \ F:(970)947.97007 CIVIL oaring Pori Engineering PO Box 1117, Carbondale,CO 81623 P.(970)948.7474 \ , 1 GEOTECH HP Geo POND 5020 County Road 154 % \ \ I \ tech Glen wood Springs,CO 81601 % \ b P:(970)945 -7900 1 1 F:(970)9458454 STRUCTURAL EVOLVE Structural Daeign 29029 Upper Bear Creek Road,11308 Evergreen,CO 80439 P(303)670-0028 C(720)626-9201 qtp CONTRACTOR BO v \ Viola 0,—Iueuan011 SO M/D/YY NOT FOR CONST. \ EXISTING ENVELOPE 8,264.25 sq tt \ \ PROJECT NO: 1206 \ DRAWN BY: BMW � PROPOSED ENVELOPE \ 8,264.25 sq tt COPYRIGHT FORUM PHI,LLC �V ,N -___-_-_-_- --------------_- _- SHEETTITLE PROPERTY LINE I HOA Envelope Chan e `a 0 HOA Envelo eChan a 16„ _ ,,_o LANDSCAPE ENVELOPE II I • I FORUM PHI I 1 I I 117 South Spring Street,Suite 202 ASPen,Colorado i P:970.279.4157 F 7 866 870.5585 I � f 17 Ute 17 Ute LLC % �.,�' \♦\ \ 17 Ute Place Aspen,Colorado 81611 r—` 200 \V�PY�Ei'� ,/'�'' ''�.'��.�'��I � •\�\\\ \ OF CO PERT'!�i'�"+ �0q _ _ --' p±0./ • I �`� 1V"` 7969 ��� _ '''��. —SPILL WAY \ \ • \ OO�,GIi� y STEVEN %�� \A �`\ * WILSON \ `S "._� '- i i - \ • \ '9 / 402127 h \ \ S\'o'9iL �U TREE TO BE REMOVED PPOPOBED ENVE • \ C\(` TREE TO ee REMOVED AR \ I� • _ rRBeToBeREMOVe01 1 \� v CONSULTANTS �B TRESToBE SURVEYOR \� T exISTIN0 EMVeLOP�- WATER LEVEL \ \\ C'i<` \•\ \ Tuttle 6urveying 6erviaee \ Ti e!TO Be RFMG�Ep GROUP OF TREES TO BE REMOVED TREE TO BE REMOJlD t >B65 d•l \\ \\� \ ♦ 266 Heather Lane. PL_ \ \ \\ \ \ '\ Glenwood Spirri CO 81601 • �� ��, vA, v . P(970)928-9708 �• � 7I �---( L� yV A A v A V F:(970)947-97007 it '� 1' I ,' -=— \\ 1 \\ \\�`\ \\•\ CIVIL ♦ b, �I,� A • oarin or n g glneering �• G� �I� —_ I�-=--��I fib.A � �,�`\ V�♦ Carbondale,CO 81623 If, v 2 v� v\ � P:(wo)948-7474 1 ~ IiI V, — � ` POND -- - - AREAwnv \ I. \ F9\ \\ \\♦ .� GEOTECH �� All � \ HP Gaotach _ 5020 County Road 154 cI J ) — — --- 1 �t Iv v �v V Glenwood springB,co e1e01 EXWnNO euveLOPE i'_.__. 1 \ \ LOT 1 V A �BA P:(970)945.7900 UTE PLACE i \ 1 PROPOSED ENVELOPE ~ '- 1� PER NOA RCpU1REMFNT6 SURD V S ON \ F'.(970)94$-8464 - — -- o _ I \ � I STRUCTURAL .890 ACRES+/. v �� � v � � Evolv structural Dealgn I - {I PERVIOUS I� y \ \ 29029 Upper Bear Creek Road,#308 PATIO j A V V A 1 Evergreen GO 80439 1n \ t I �I E111114D ENVELOPE i \ 1 P;(3 3)670-0026 � !� I 1 ''I «v t ' \ 1 )626.9201 I j \ p2o •\ ,' j i I `�y 1 i I CONTRACTOR W. TREE TO BE REMOVED DRAIN:7963.68' I 1 TREE TO BE REMOVED i r I TREE TO BE REMOVED I _ PROPOSED ENVELOPE e I 1 I Q / rCOM/DNY DATE OF PUBLICATION \• \ \ \ J JI J ___ i i __ ` ! 1 DRAIN:7965.20' // I TREE TO BE REMOVED 7PROPOEEDI.ELOPE R I W LL TREE TO BE REMOVED \ ` —-' - _ I pn iec \\ ` 7967 TREE TO BE REMOVED 7968 / I E I I I 2w I � �8s Mee To BE REMOVED '7 I ERMIT —- WALL ENCROACHMENT EASEMENT I r ' 'u'., I _ _ P�OPER�1'�LINE_.�.....-._ PROJECT NO: 1206 PR ERN LINE � _ DRAWN BY: BMVV i UTE AVENUE �' �! I COPYRIGHT FORUM PHI,LLC � I I I li SITE PLAN 1'•0" SHEET TITLE A0. 1 SITE PLAN 17 Ute Place LLC P.O. Box 1860 Bentonville,AR 72712 December 13,2012 City of Aspen Building Department 130 South Galena Street Aspen,CO 81611 To Whom It May Concern: Please accept this letter as our approval for Forum Phi,Inc. to apply for and pull any necessary construction permits required to complete the remodel and repairs of the property 17 Ute Place,Aspen, Colorado. The following is the name and address for the company. Mr.Steev Wilson Form Phi,Inc. 117 S. Spring Street, Suite 202 Aspen,Colorado 81611 Ph: 970-279-4109 Fax: 866-770-5585 Thank you for your attention to this matter. Sincerely, 17 Ute Place LLC. Le Managing Member 17 Ute Place LLC lI _ '? oaf '7R.� ��+�����'�`��1�� ���'. ■ ''�1 •f � .t.. •4 �,M � f .�•^iT. � L'n 4��j` `J` �•' � �"■�`■' '1 .rte �1,r �. i}'t+f ..�Y�r �} � -. •i�r IJ ! l � -". � ,f�'r' Y•-.=',�•R,. JC■r 4 � .I ,r ,� f1� a'-_.�� �f1;��� __ -_ •• f*�`'---�."--,. :;,. `•.� p{, � �^_ fir � t#tat � r'�� K � friF'�ri�s��� {������ M�`"'"��' • '�.�,� � �� � f . ..,��.. � .1 "'fur, - i ` `#t+ �.' +. ,7►•► � ��'`,, ;"`f .� ,, - 1 id { �• �.�►�. ra NOX N. a * ++� r ' t ''�rs11► VIL tail RA WrA C C-MIPOS, GARDENSWARTZ 86 KELLY, R 9 V my ^,4(.4 -IN, 4n%N WHch 1 1. 2013 Wa I land Alivvy 17 IN LLC C'."O Stce� %Vilson `wife 2 101 0107 Pnop"Aw FhNc Aspoi, (,,olorado 81611 RC: I")I 1. L,Ic u hd i v i Sion Dear Ste\c: I(hi s is to cord inn A at filler Bk ard o CD i rectors of 16,tr: I I lace S u hW v k On and Ow raW It w numba o f t),,%ncr� ot'( to Place hm c apMo\cd the rdocm& of the impnnernm erinlope on Lot I 1,Umlallt to �,OLII' submitted plans. I heivibre. )m are entitled to proceed the approved renovations on Lot I so long as Hw nty Aspen aplimics zind sons Ne Amended flat shoming the relocated envelope as sho \vnou your dra%vinp A 11),1 lotted Yehruar� 18. 2013. 1 hank you IN your coo Aeration during the approval process. As al"am should Now have an) LPAC�;IiOIIS C011cerning [lie 16regoing, iease feel free to give me a call. Best regards, Oates, Knemicb, Gardenswartz, Kelly & Morrow, P.0 RAK&pd L OL OF e � 5� v � Sd i a ry t \ �v jv l I A7' Al t c � Ed a 4 \ sl y $4 RECEIVED ONE REPORT APR Y -- 2013 To: FORUM PHI Date" etPFA 1 Land Title COMMUNITY DEVEt00 NW GUARANTEE COMPANY Attn: WILLIAM LEWIS Order Number 470065 --CC Cl.l Fax: Phone: 970-319-7399 Address: 17 UTE PL ASPEN, CO 81611 County: PITKIN LEGAL DESCRIPTION LOT 1, SUBDIVISION LITE PLACE, COUNTY OF PITKIN, STATE OF COLORADO. OWNERSHIP&ENCUMBRANCES Certification Date: 03-11-2013 OWNERSHIP: 17 LITE PLACE, LLC Doc T e Doc Fee Date Reference# WARRANTY DEED $630.00 04-25-2012 588573 ENCUMBRANCES AND OTHER DOCUMENTS Item Payable To Amount Date Reference# DEED OF TRUST JEROME MUSLIN,AS TRUSTEE UND $2,000,000.00 07-05-11 580984 Cust Ref# 1206 This ONE REPORT is based on a limited search of the county real property By: AMY REINERT records and is intended for informational purposes only.The ONE REPORT does not constitute any form of warranty or guarantee of title or title Land Title insurance,and should not be used by the recipient of the ONE REPORT Property Resource Specialist as the basis for making any legal,investment or business decisions.The recipient of the ONE REPORT should consult legal,tax and other advisors Email: arelnert @ItgC.com before making any such decisions.The liability of Land Title Guarantee Phone: 303-850-4192 Company is strictly limited to(1)the recipient of the ONE REPORT,and no Fax: 303-393-4978 other person,and(2)the amount paid for the ONE REPORT. rorrri Oh.'AIC3 u4;/06 Prepared For: Land Title FORUM PHI GUARANTEE COMPANY WILLIAM LEWIS www.rrCC.con+ Reference: 17 UTE PL ASPEN, CO 81611 Attached are the additional documents you requested: Doc Type Recorded Reception#IBookPage AMY REINERT Land Title Property Resource Specialist Email: areinert @Itgc.com Phone: 303-850-4192 Fax: 303-393-4978 ADD.DOCS 470065 Parcel Detail http://pitkinassessor--,/assessor/Parcel.asp?AccountNumber—R012514 Pitkin County Assessor Parcel Detail Information \SSCSSt)r* Property `earch 1 Assessor Subset Query 1 :�, or �4tles 4e arch Clerk& Recorder Reception Search lrcasurer lax Search Search ....... _..... - . ....... ......... ...... ................... p I C i S I l e_l.p Bas.i_c,Buil_clin.Characteristics � i�alue 5untnaary ...... ........ . _. I'arc0 DCtai_l 1 Value Detail I Sales Detail 1 Residential/Cotnniercial inipro�crne_nt Detail — - - Owner Detail � [ and Detail � Photo�rarihs Tax Account Parcel 2012 Mill Area Number Number Property Type Levy 056 8012514 273718265001 'RESIDENTIAL 32.718 Primary Owner Name and Address - 17 UTE PLACE LLC PO BOX 1860 BENTONVILLE, AR 72712 ,Additional Okvner Detail Legal Description ;Subdivision: UTE PLACE Lot: 1 Location - - - - - - - - Physical Address: 117 UTE PL ASPEN Subdivision: ;UTE PLACE Land Acres: '0.690 Land Sq Ft: 0 2012 Property Value Summary 1 of 2/12/2013 2:53 PM Parcel Detail hap://pitkinassessor--Q/assessor/Parcel.asp?AceountNumber=R012514 Actual Value Assessed Value Land: 5,000,000. 398,000' Improvements: 2,838,200 225,920 ......._ - Total: 7,838,200: 623,920: Sale Date: i4/25/2012 Sale Price: X6,300,000 Ac9clitional Sales Dettiil Basic Building Characteristics Number of Residential Buildings: I Number of Comm/Ind Buildings: �0 Residential Building Occurrence 0 Characteristics FINISHED GARAGE: !483 .......------------ _._....... __......--__. __ - ...--------- --- .._ __. _.___ __ ......_. ... .. ....... . 2ND FLOOR: ;862 FINISHED BSMT: ;2,984 FIRST FLOOR: ;3,320 ROOF DECK: ;140 CONCRETE PATIO: 1,263 Total Heated Area: !;7,166 Property Class: SINGLE FAM RES-IMPROVEMEN Actual Year Built: 1988 Effective Year Built: 2000 .. Bedrooms: 6 Baths: 6.5 Quality of Construction: (EXCEL T13+ Exterior Wall: ;WOOD SD GO Interior Wall: DRYWALL Floor: BASE Heat Type: BHT WTR B/B Heating Fuel: ;GAS Roof Cover: CEDAR SHAK Roof Structure: GABLE/HIP Neighborhood: 1UTE PLACE SUBDIVISION 2 of 3 2/12/2013 2:53 PM Palcel Detail http://pitkinassessor.--(=/assessor/Parcel.asp?AccountNumber=R012514 Super Nbad: !CITY OF ASPEN '.l..op o_l.'._PaL'e Assessor Datttbasc. 5c;arch Options ._ F'ith_an unIIonic fad- ......... o The Pitkin County Assessor's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Pitkin County Assessor's Offices are unable to warrant any of the information herein contained. Copyright A 2003 - 2012 Good Turns Software. All Rights Reserved. Database & Web Design by Good'1 u_rnsSoft.ware. 3 of 2/12/2013 2:53 PM Land Title Guarantee Company CUSTOMER DISTRIBUTION Land Title GUARANTEE COMPANY www.ircccom Date: 04-18-2012 Our Order Number: Q62004536-3 Property Address: 17 UTE PL ASPEN, CO 81611 Ifyou have any inquiries or require further assistance,please contact one of the numbers below: For Closing Assistance: Closer's Assistant: For Title Assistance: Kate Staskauskas Ann Mason Aspen Title Dept. 533 E HOPKINS#102 Phone:970-925-1678 Kurt Beereboom ASPEN, CO 81611 Fax: 970-925-6243 533 E HOPKINS#102 Phone: 970-925-1678 EMail: amason@ltgc.com ASPEN,CO 81611 Fax: 800-318-8202 Phone:970-925-1678 EMail: kstaskauskas @ltgc.com Fax: 970-925-6243 EMail:kbeereboom@ltgc.com JOSHUA&CO. HOUSTON&GOROG 300 S HUNTER 400 E HYMAN ASPEN,CO 81611 ASPEN, CO 81611 Attn: MARC FRIEDBERG Attn: HEIDI HOUSTON Phone: 970-925-8810 Phone: 970-925-6866 Fax: 970-925-4349 Fax: 970-925-8391 Copies: 1 Copies: 1 EMail: marcfrie @rof.net EMail: heidi @sspensalesandrentals.com Sent Via EMail Sent Via EMail JAMES M DEFRANCIA AND CYNTHIA J DEFRANCIA DENNIS BUCH PO BOX 12393 4400 N SCOTTSDALE ROAD BLDG 9-283 ASPEN CO 81612 SCOTTSDALE, AZ 85251 Attn: JAMES M DEFRANCIA AND CYNTHIA J DEFRANCIA Attn: RAMI PARTNERS LLC EMail:JDeFrancia@ LoweEnterprises.com,cdfran @comca EMail: DENNIS@RAMIPARTNERS.COM Sent Via EMail LAND TITLE GUARANTEE COMPANY RHONDA BAZIL PC 533 E HOPKINS#102 230 E HOPKINS AVE FRNT ASPEN, CO 81611 ASPEN,CO 81611-1938 Attn: Kate Staskauskas Attn: RHONDA BAZIL Phone: 970-925-1678 Phone: 970-925-7171 Fax: 800-318-8202 Fax: 970-925-4668 EMail: kstaskauskas @ltgc.com EMail:rjbazil @sopris.net Sent Via EMail 04.27.12 Land Title Guarantee Company CUSTOMER DISTRIBUTION Land Title GUARANTEE COMPANY www.LTCC.CO. Date: 04-18-2012 Our Order Number: Q62004536-3 Property Address: 17 UTE PL ASPEN, CO 81611 GARFIELD&HECHT PC HOUSTON&GOROG 601 E HYMAN AVE 400 E HYMAN ASPEN, CO 81611 ASPEN, CO 81611 Attn: E MICHAEL HOFFMAN Attn: AMANDA Phone: 970-544-3442 Phone: 970-925-6866 Fax: 866-929-7870 EMail:AMANDA @ASPENSALESANDRENTALS.COM EMail: mhoffman @gartieldhecht.com Sent Via Entail Sent Via EMail JOSHUA& CO. 300 S HUNTER ASPEN, CO 81611 Attn: COREY STRAHM Phone: 970-925-8810 Fax: 970-925-4349 EMail:corey @joshuaco.com Sent Via EMaiI 04.27.12 DELIV%RY.O (8/2003) PIP Land Title Guarantee Company Date: 04-18-2012 Land Title Our Order Number: Q62004536-3 GUARANTEE COMPANY WWW.LLGC.COM Property Address: 17 UTE PL ASPEN, CO 81611 Buyer/Borrower: 17 UTE PLACE, LLC, A DELAWARE LIMITED LIABILITY COMPANY Seller/Owner: JAMES M. DEFRANCIA AS TO AN UNDIVIDED 58%INTEREST AND CYNTHIA J. DEFRANCIA AS TO AN UNDIVIDED 42% INTEREST Wire Information: Bank:ALPINE.BANK 600 E HOPKINS ASPEN, CO 81611 Phone: Credit: ABA No.:102103407 Account:2020010529 Attention:Kate Staskauskas Note: Once an original commitment has been issued, any subsequent modifications will be emphasized by underlining. Need a map or directions for your upcoming closing? Check out Land Title's web site at www.ltgc.com for directions to any of our 54 office locations. ESTIMATE OF TITLE FEES ALTA Owners Policy 10-17-92 (Reissue Rate) $6,062.00 Deletion of Standard Exception(s) (Owner) $65.00 Tax Certificate $25.00 If Land Title Guarantee Company will be closing this transaction, above fees will be collected at that time. TOTAL $6,152.00 Form CONTACT 06/04 THANK YOU FOR YOUR ORDER! Mmd Old Republic National Title Insurance Company ALTA COMMITMENT Our Order No. Q62004536-3 Schedule A Cust. Ref.: Property Address: 17 UTE PL ASPEN, CO 81611 1. Effective Date: April 16. 2012 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: "ALTA" Owner's Policy 10-17-92 $6,300,000.00 Proposed Insured: 17 UTE PLACE, LLC, A DELAWARE LIMITED LIABILITY COMPANY 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: JAMES M. DEFRANCIA AS TO AN UNDIVIDED 58% INTEREST AND CYNTHIA J. DEFRANCIA AS TO AN UNDIVIDED 42% INTEREST 5. The Land referred to in this Commitment is described as follows: LOT 1, UTE PLACE SUBDIVISION (FORMERLY KNOWN AS TEN TEN UTE SUBDIVISION), ACCORDING TO THE PLAT THEREOF RECORDED JUNE 19, 1987 IN PLAT BOOK 19 AT PAGE 80 AND FIRST AMENDMENT RECORDED APRIL 14, 1988 IN BOOK 561 AT PAGE 179 AND SECOND AMENDMENT RECORDED APRIL 12, 1991 IN BOOK 643 AT PAGE 896. COUNTY OF PITKIN, STATE OF COLORADO. ALTA COMMITMENT Schedule B-1 (Requirements) Our Order No. Q62004536-3 The following are the requirements to be complied with: Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to-wit: 1. EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF THE TOWN OF ASPEN TRANSFER TAX HAVE BEEN SATISFIED. 2. (ITEM INTENTIONALLY DELETED) 3. DULY EXECUTED AND ACKNOWLEDGED STATEMENT OF AUTHORITY SETTING FORTH THE NAME OF 17 UTE PLACE, LLC, A DELAWARE LIMITED LIABILITY COMPANY AS A LLC. THE STATEMENT OF AUTHORITY MUST STATE UNDER WHICH LAWS THE ENTITY WAS CREATED, THE MAILING ADDRESS OF THE ENTITY, AND THE NAME AND POSITION OF THE PERSON(S) AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING, OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF THE ENTITY AND OTHERWISE COMPLYING WITH THE PROVISIONS OF SECTION 38-30-172, CRS. NOTE: THE STATEMENT OF AUTHORITY MUST BE RECORDED WITH THE CLERK AND RECORDER. 4. RELEASE OF DEED OF TRUST DATED MAY 05, 2006 FROM JAMES M. DEFRANCIA AND CYNTHIA J. DEFRANCIA TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF JPMORGAN CHASE BANK TO SECURE THE SUM OF $688,000.00 RECORDED MAY 23, 2006, UNDER RECEPTION NO. 524419. 5. RELEASE OF DEED OF TRUST DATED SEPTEMBER 09, 2008 FROM JAMES M. DEFRANCIA AS TO AN UNDIVIDED 58% INTEREST AND CYNTHIA J. DEFRANCIA AS TO AN UNDIVIDED 42% INTEREST TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF COMMUNITY BANKS OF COLORADO TO SECURE THE SUM OF $1,250,000.00 RECORDED SEPTEMBER 18, 2008, UNDER RECEPTION NO. 552969. 6. WARRANTY DEED FROM JAMES M. DEFRANCIA AS TO AN UNDIVIDED 58% INTEREST AND CYNTHIA J. DEFRANCIA AS TO AN UNDIVIDED 42% INTEREST TO 17 UTE PLACE, LLC, A DELAWARE LIMITED LIABILITY COMPANY CONVEYING SUBJECT PROPERTY. NOTE: ITEMS 1-3 OF THE STANDARD EXCEPTIONS ARE HEREBY DELETED. ALTA COMMITMENT Schedule B-1 (Requirements) Our Order No. Q62004536-3 Continued: NOTE: UPON APPROVAL OF THE COMPANY AND THE RECEIPT OF A NOTARIZED FINAL LIEN AFFIDAVIT, ITEM NO. 4 OF THE STANDARD EXCEPTIONS ON THE LOAN POLICY WILL BE DELETED. UPON THE APPROVAL OF THE COMPANY AND THE RECEIPT OF A NOTARIZED FINAL LIEN AFFIDAVIT, ITEM NO. 4 OF THE STANDARD EXCEPTIONS ON THE OWNER'S POLICY WILL BE AMENDED AS FOLLOWS: ITEM NO. 4 OF THE STANDARD EXCEPTIONS IS DELETED AS TO ANY LIENS OR FUTURE LIENS RESULTING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF JAMES M. DEFRANCIA AS TO AN UNDIVIDED 58% INTEREST AND CYNTHIA J. DEFRANCIA AS TO AN UNDIVIDED 42% INTEREST. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR ANY LIENS ARISING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF 17 UTE PLACE, LLC, A DELAWARE LIMITED LIABILITY COMPANY. NOTE: ITEM 5 OF THE STANDARD EXCEPTIONS WILL BE DELETED IF LAND TITLE GUARANTEE COMPANY CONDUCTS THE CLOSING OF THE CONTEMPLATED TRANSACTION(S) AND RECORDS THE DOCUMENTS IN CONNECTION THEREWITH. NOTE: UPON PROOF OF PAYMENT OF ALL TAXES, ITEM 6 WILL BE AMENDED TO READ: TAXES AND ASSESSMENTS FOR THE YEAR 2012 AND SUBSEQUENT YEARS. ALTA COMMITMENT Schedule B-2 (Exceptions) Our Order No. Q62004536-3 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession 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, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes and assessments not yet due or payable and special assessments not yet certified to the Treasurer's office. 7. Any unpaid taxes or assessments against said land. 8. Liens for unpaid water and sewer charges, if any. 9. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED IN BOOK 175 AT PAGE 299. 10. TERMS, CONDITIONS AND PROVISIONS OF COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED JUNE 19, 1987 IN BOOK 539 AT PAGE 672 AND AMENDED COVENANTS RECORDED JULY 24, 1987 IN BOOK 542 AT PAGE 240, JUNE 8, 1989 IN BOOK 594 AT PAGE 529, RECORDED SEPTEMBER 18, 1996 UNDER RECEPTION NO. 397167, RECORDED SEPTEMBER 10, 2004 UNDER RECEPTION NO. 501772, RECORDED FEBRUARY 23, 2006 UNDER RECEPTION NO. 521143 AND RECORDED SEPTEMBER 28 2009 UNDER RECEPTION NO. 563201. 11. EASEMENTS, RIGHTS OF WAY AND ALL OTHER MATTERS AS DISCLOSED ON THE RECORDED PLAT OF SUBJECT PROPERTY RECORDED JUNE 19, 1987 IN PLAT BOOK 19 AT PAGE 80 AND FIRST AMENDMENT THERETO RECORDED APRIL 14, 1988 IN BOOK 561 AT PAGE 179 AND SECOND AMENDMENT RECORDED APRIL 12, 1991 IN BOOK 643 AT PAGE 896. 12. TERMS, CONDITIONS AND PROVISIONS OF SUBDIVISION AGREEMENT RECORDED JUNE 19, 1987 IN BOOK 539 AT PAGE 629. ALTA COMMITMENT Schedule B-2 (Exceptions) Our Order No. Q62004536-3 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 13. COVENANT AND AGREEMENT LIMITING FLOOR AREA RESERVED IN DEED RECORDED APRIL 15, 1988 IN BOOK 561 AT PAGE 294. 14. TERMS, CONDITIONS AND PROVISIONS OF ENCROACHMENT AGREEMENT RECORDED JULY 31, 1990 IN BOOK 626 AT PAGE 103. LAND TITLE GUARANTEE COMPANY and LAND TITLE GUARANTEE COMPANY- GRAND JUNCTION DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: A) The subject real property may be located in a special taxing district. B) A Certificate of Taxes Due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent. C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner s Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien rotection for the Owner may be available (typicall by deletion of Exception no. 4 of Schedule B, gection 2 of the Commitment from the Owner s Policy to be issued) upon compliance with the following conditions: A) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B) No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanics and material-men's liens. D) The Company must receive payment of the appropriate premium. E) If there has been construction, improvements or mayor repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary alter an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. A) pat there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, information to an insurance company for the purpose of defrauding or incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting attempting to defraud the olicyholder or claimant with regard to a settlemwnt or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies. Nothing herein contained will be deemed to obligate the com_pany to provide any of the coverages referred to herein unless the above conditions are fully satis Wed. DISCLOSURE 02/2011 JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY- GRAND JUNCTION, LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company and Meridian Land Title, LLC, as agents for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that We recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: * applications or other forms we receive from you, including communications sent through TMX, our web-based transaction management system; * your transactions with, or from the services being performed by, us, our affiliates, or others; * a consumer reporting agency, if such information is provided to us in connection with your transaction; and * the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates and non-affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: • We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. • We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. • Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. • We regularly access security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Form PRIV.POL.ORT Commitment to Insure ALTA Commitment-1970 Rev. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY,a Minnesota corporation,herein called the Company,for a valuable consideration,hereby commits to issue its policy or policies of title insurance,as identified in Schedule A,in favor of the proposed Insured named in Schedule A,as owner or mortgagee of the estate or interest covered hereby in the land y described or referred to in Schedule A,upon payment of the premiums and charges therefor;all subject to the provisions of 1� Schedule A and B and to the Conditions and Stipulations hereof. .* This Commitment shall be effective only when the indentity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company,either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue,whichever first occurs,provided that the failure to issue such policy or policies is not the fault of the Company. CONDITIONS AND STIPULATIONS 1.The term"mortgage",when used herein,shall include deed of trust,trust deed,or other security instrument. 2.If the proposed Insured has or acquires actual knowledge of any defect,lien,encumbrance,adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof,and shall fail to disclose such knowledge to the Company in writing,the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure of the proposed Insured to so disclose such knowledge.If the proposed Insured shall disclose such knowledge to the Company,or if the Company otherwise acquires actual knowledge of any such defect,lien,encumbrance,adverse claim or other matter,the Company at its option may amend Schedule B of this Commitment accordingly,but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3.Liability of the company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith(a)to comply with the requirements hereof or(b)to eliminate exceptions shown in Schedule B,or(c)to acquire or create the estate or interest or mortgage thereon covered by this Commitment.In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed,for in favor of the proposed Insured which are hereby incorporated by reference and made a part of this Commitment except as expressly modified herein. 4.Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. STANDARD EXCEPTIONS In addition to the matters contained in the Conditions and Stipulations and Exclusions from Coverage above referred to,this Commitment is also subject to 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,encroachments,and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4.Any lien,or right to a lien,for services,labor or material theretofore or hereafter furnished,imposed by law and not shown by the public records. 5.Defects,liens,encumbrances,adverse claims or other matters,if any,created,first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. IN WITNESS WHEREOF,Old Republic National Title Insurance Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A,to be valid when countersigned by a validating officer or other authorized signatory. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY 7�A Stock Company �"I,I_TiTLF/4,, 400 Second Avenue South A� Minneapolis,Minnesota 55401 '2 **GZ'_ AME R1 CA N (612)371-1111 :m 9 m; LANU ilnt '7 * n - ASSOCIATION A horized Sign ture =,0� * * * *y� CC.ORT 0 \ d-o�o Aida ,