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HomeMy WebLinkAbout#coa.lu.hp.114 Neale Ave.0019.2014 40 THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0019.2014.AHPC PARCEL ID NUMBERS 2737 073 83 001 PROJECTS ADDRESS 114 NEALE AVE PLANNER JUSTIN BARKER CASE DESCRIPTION TEMP HPC RELOCATION REPRESENTATIVE STEEV WILSON DATE OF FINAL ACTION 5.5.14 CLOSED BY ANGELA SCOREY ON: 6.25.14 00�q - 2oize- ....€ - a R Permits-<,4 -- ,z� A. :.,.. �y ,, File Edit Record Navigate Form Reports Format Tate Help 'J U r 3 m Main Custom Fields Routing Status Fee Summary Actions Routing History 3 Permit type MORE Permit I Address 11 f ldEAl E A�E ApVSude 1 City JASPEN state CO • Zip 81611 Permit Information Q Master permit Routing queue Applied IIJ`16=201 f .< Project status , _ Approved Description APPLICATION FOR HPC TEMPORARY RELOCATION Issued Closed/Final 3 Submitted ISTEEV "ILSON 279 4109 Clack : Days Expires 104112015 Owner i. it Last name DWS FAN11LY TRUST First name Phone ti. Address x '4 11 Applicant Owner is applicant? [j Contractor is applicant? i D, FAMILY TRUST Last name a�"'5 F�,f; First name t x „ Phone '' Cust 129771 ... AddrPCCy � a P Lender Last name • First name ' i- Phone t Address i it I i 3 3 i Displays the permit applicant's address AspenGald5(server angelas Add 1 of 1 w. .._. 5-0 CJs - A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) APPROVING A TEMPORARY ON-SITE RELOCATION FOR THE HISTORIC STRUCTURE ON THE PROPERTY LOCATED AT 114 NEALE AVENUE, LOT 1, 114 NEALE/17 QUEEN HISTORIC LOT SPLIT SUBDIVISION, COUNTY OF PITKIN, STATE OF COLORADO. RESOLUTION#12, SERIES OF 2014 PARCEL ID: 2737-073-83-001. WHEREAS, the applicant, DWS Family Trust, represented by Forum Phi Architecture, requested temporary on-site relocation approval for the historic structure on the property located at 114 Neale Avenue, Lot 1, 114 Neale/17 Queen Historic Lot Split Subdivision; and WHEREAS, Section 26.415.070 of the Municipal Code states that "no building or structure shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a designated historic property or district until plans or sufficient information have been submitted to the Community Development Director and approved in accordance with the procedures established for their review;" and WHEREAS, for temporary relocation, the HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine the project's conformance with the City of Aspen Historic Preservation Design Guidelines per Section 26.415.090.B.4 and 5 of the Municipal Code and other applicable Land Use Code Sections. The HPC may approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny; and WHEREAS, Justin Barker, in his staff report to HPC dated May 14, 2014, performed an analysis of the application based on the standards and recommended approval with conditions; and WHEREAS, at their regular meeting on May 14, 2014, the Historic Preservation Commission considered the application, the staff memo and public comments, and found the proposal consistent with the review standards and granted approval with conditions by a vote of six to zero (6 to 0). NOW,THEREFORE, BE IT RESOLVED: That HPC hereby approves a temporary on-site relocation for the historic structure on the property located at 114 Neale Avenue with the following conditions: 1. An encroachment license must be obtained from the Engineering Department prior to relocation. 2. A report from a licensed engineer, architect or housemover demonstrating that the structure can be moved must be submitted with the building permit application in addition to a bond, letter of credit or cashier's check in the amount of$30,000 to ensure the safe relocation. RECEPTION#: 610509, 05/21/2014 at 114 Neale Ave. 11:08:33 AM, HPC Resolution#12,Series of 2014 1 OF 2, R $16.00 Doc Code RESOLUTION Page 1 of 2 Janice K.Vos Caudill, Pitkin County, CO 3. The approval of this temporary on-site relocation does not extend the three year period of Vested Rights established in the Development Order granted after Final HPC approval, effective June 6, 2013. APPROVED BY THE COMMISSION at its regular on the 14th day f May,2014. J Maytin,Chair Appr ved as to Form: 0'12� C Debbie Quinn, Assistant City Attorney ATTEST: Kathy Strickland, Chief Deputy Clerk 114 Neale Ave. HPC Resolution#12,Series of 2014 Page 2 of 2 ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF MAY 14 2014 Chairperson, Jay Maytin, called the meeting to order at 5:00 p.m. Commissioners in attendance were Sallie Golden, Willis Pember, Nora Berko, John Whipple, Patrick Saga]. Jim DeFrancia was absent. Staff present: Deborah Quinn, Assistant City Attorney Sara Adams, Senior Planner Amy Simom, Historic Preservation Officer Kathy Strickland, Chief Deputy Clerk Justin Barker, Planner MOTION: Nora moved to approve the minutes of April 23, 2014; second by Jay. All in favor, motion carried. Project monitoring - 920 W. Hallam — Non-reflective corrugated acid washed metal was decided for the skirting on the garage. Disclosure —Nora disclosed that Stan Clason's office is finishing up a family lot split but there is no conflict. WEcycle is a tenant space at 100 E. Main but does not interfere with any decisions that would be made at this meeting. Willis disclosed that Stan Clason shares the same building with him and he shares recreational time with Michael Brown owner of 110 W. Main, Hotel Aspen but there is no conflict in making recommending a decision. 114 Neale Avenue— Temporary Relocation Proof of publication— Exhibit I Justin Barker, planner said the request is for a temporary relocation of the historic structure. The development-approval- was approved by HPC about a year ago. A sub-grade basement would be constructed under the historic house and a rear addition. The applicant has discovered that the best way to preserve the historic structure would be to temporarily relocate the structure to the north side of the property and then move it back. The relocation would go into the right-of-way and staff recommends that an encroachment be applied for and a letter of credit. Steev Wilson said we are positive that the building can be moved because it has been moved in the past. We have our tree permits in place and we have a temporary ditch protection plan. 1 ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF MAY 14 2014 Patrick asked if the new trees would be the same size and put in the same location. Steev said new trees are being proposed because some of them are encroaching on the ditch. The area is over planted and some of the trees are sick. Chairperson, Jay Maytin opened the public hearing. There were no public comments. The public hearing portion of the agenda item was closed. MOTION: John moved to approve resolution #12 as written; second by Nora. Patrick made a friendly amendment that the city forester be involved with the plantings once the dwelling is put back in place. All in favor of the motion and friendly amendment, motion carried 6-0. 110 W. Main, Hotel Aspen — Final Major Development and Final Commercial Design Review, Public Hearing Debbie Quinn said the affidavit of public notice is in order and the applicant can proceed. Exhibit I. Sara Adams said the project is a 27,000 square foot lot and borders Main Street, Garmish and Bleeker. It is zoned mixed us along Main Street and R-6 along Bleeker and has the LP overlay. HPC voted 4-3 in favor of the project at conceptual. The majority of the hearings were centered around the design of the free market component of the project during conceptual. It ended with flat roofs for the free market residential units. It then went to the Planning & Zoning Commission to get a referral to City Council for the PUD review, zoning and subdivision. P&Z felt they didn't have enough time to work on the project and there were some time lines in the land use code and the applicant requested that the project just go to council to get their feedback so that they could meet their growth management deadlines. P&Z did not vote in favor of the project. The project changed a lot. There are three free market units that are configured more like single family homes on Bleeker Street. There was feedback from councilmen Art Daily to not have flat roofs but that was left up to HPC at this hearing. The maximum height is set at 25 feet and the overall floor area is set by City Council and the configuration of the buildings is set by City Council and the site plan. Tonight, HPC can approve the selection of materials for the massing that has been approved; the fenestration and types of windows, landscaping and lighting. There 2 MEMORANDUM As TO: Aspen Historic Preservation Commission THRU: Amy Simon, Historic Preservation Officer FROM: Justin Barker, Planner RE: 114 Neale Avenue—Temporary Relocation MEETING DATE: May 14, 2014 SUMMARY: The owner of the property located at 114 Neale received Major Development Approval on May 22, 2013 via HPC Resolution No. 19, Series of 2013. At the time, there was no discussion of moving the historic structure in order to construct a new addition and basement. It has since been determined that temporary relocation of the structure will be the most cost effective solution to protect the integrity of the historic structure during construction of the new addition and basement. Once these are complete, the historic structure will be moved back to its present location. Staff recommends approval of the temporary relocation with conditions. APPLICANT: DWS Family Trust, 3 Remington Lane, Houston TX 77005, represented by Forum Phi Architecture. ADDRESS: 114 Neale Ave, Lot 1, 114 Neale/17 Queen Historic Lot Split Subdivision. PARCEL ID: 2737-07-3-83-001. ZONING: R-15A (Moderate Density Residential). RELOCATION The intent of this Chapter is to preserve designated historic properties in their original locations as much of their significance is embodied in their setting and physical relationship to their surroundings as well as their association with events and people with ties to particular site. However, it is recognized that occasionally the relocation of a property may be appropriate as it provides an alternative to demolition or because it only has a limited impact on the attributes that make it significant. The following standards apply for relocating a historic property as per Section 26.415.090.0 of the Municipal Code: C. Standards for the Relocation of Designated Properties Relocation for a building, structure or object will be approved if it is determined that it meets any one of the following standards: 1 1. It is considered a non-contributing element of a historic district and its relocation will not affect the character of the historic district; or 2. It does not contribute to the overall character of the historic district or parcel on which it is located and its relocation will not have an adverse impact on the historic district or property; or 3. The owner has obtained a Certificate of Economic Hardship; or 4. The relocation activity is demonstrated to be an acceptable preservation method given the character and integrity of the building, structure or object and its move will not adversely affect the integrity of the historic district in which it was originally located or diminish the historic, architectural or aesthetic relationships of adjacent designated properties; and Additionally, for approval to relocate all of the following criteria must be met: 1. It has been determined that the building, structure or object is capable of withstanding the physical impacts of relocation; and 2. An appropriate receiving site has been identified; and 3. An acceptable plan has been submitted providing for the safe relocation, repair and preservation of the building, structure or object including the provision of the necessary financial security. Staff Response: This house originally sat downhill from its current siting. It was moved during an early 1990s remodel. The proposal is to temporarily move the historic structure approximately 28 feet north and 3 feet west of its current location during the upcoming period of construction. The structure will be braced from below with H-beams and placed on four cribs until the foundation is in place for the lower level. The applicant has indicated that the majority of the porch will be braced to the structure during relocation, with the posts being removed and saved until the structure is replaced in the existing location. Staff finds the proposed method of relocation acceptable. The proposed temporary location for the structure is partially within the right-of-way just north of the property line. The structure will not obstruct any flow of traffic or pedestrians, but will require an encroachment license from the Engineering Department. The HPC may: • approve the application, • approve the application with conditions, • disapprove the application, or • continue the application to a date certain to obtain additional information necessary to make a decision to approve or deny. RECOMMENDATION: Staff recommends HPC approve a temporary on-site relocation with the following conditions: 1. An encroachment license must be obtained from the Engineering Department prior to relocation. 2 2. A report from a licensed engineer, architect or housemover demonstrating that the structure can be moved must be submitted with the building permit application in addition to a bond, letter of credit or cashier's check in the amount of$30,000 to ensure the safe relocation. EXHIBITS: A. Application 3 A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) APPROVING A TEMPORARY ON-SITE RELOCATION FOR THE HISTORIC STRUCTURE ON THE PROPERTY LOCATED AT 114 NEALE AVENUE, LOT 1, 114 NEALE/17 QUEEN HISTORIC LOT SPLIT SUBDIVISION, COUNTY OF PITKIN, STATE OF COLORADO. RESOLUTION # , SERIES OF 2014 PARCEL ID: 2737-073-83-001 WHEREAS, the applicant, DWS Family Trust, represented by Forum Phi Architecture, requested temporary on-site relocation approval for the historic structure on the property located at 114 Neale Avenue, Lot 1, 114 Neale/17 Queen Historic Lot Split Subdivision; and WHEREAS, Section 26.415.070 of the Municipal Code states that "no building or structure shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a designated historic property or district until plans or sufficient information have been submitted to the Community Development Director and approved in accordance with the procedures established for their review;" and WHEREAS, for temporary relocation, the HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine the project's conformance with the City of Aspen Historic Preservation Design Guidelines per Section 26.415.090.B.4 and 5 of the Municipal Code and other applicable Land Use Code Sections. The HPC may approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny; and WHEREAS, Justin Barker, in his staff report to HPC dated May 12, 2014, performed an analysis of the application based on the standards and recommended approval with conditions; and WHEREAS, at their regular meeting on May 12, 2014, the Historic Preservation Commission considered the application, the staff memo and public comments, and found the proposal consistent with the review standards and granted approval with conditions by a vote of_to_. NOW, THEREFORE, BE IT RESOLVED: That HPC hereby approves a temporary on-site relocation for the historic structure on the property located at 114 Neale Avenue with the following conditions: 1. An encroachment license must be obtained from the Engineering Department prior to relocation. 2. A report from a licensed engineer, architect or housemover demonstrating that the structure can be moved must be submitted with the building permit application in addition to a bond, letter of credit or cashier's check in the amount of$30,000 to ensure the safe relocation. 114 Neale Ave. HPC Resolution#_, Series of 2014 Page 1 of 2 3. The approval of this temporary on-site relocation does not extend the three year period of Vested Rights established in the Development Order granted after Final HPC approval, effective June 6, 2013. APPROVED BY THE COMMISSION at its regular meeting on the 12th day of May, 2014. Jay Maytin, Chair Approved as to Form: Debbie Quinn, Assistant City Attorney ATTEST: Kathy Strickland, Chief Deputy Clerk 114 Neale Ave. HPC Resolution #_, Series of 2014 Page 2 of 2 EXHIBIT f AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CO ADDRESS OF PROPERTY- 1/4/ Aspen, CO SC/H/JE/DULLE/,D(�PUBLIC HEARING DATE: STATE OF COLORADO ) ss. County of Pitkin ) (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: L' � Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high,, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen(15) days prior to the public hearing on the day of , 20_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and goVernmental agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, sununarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued 077 next page) M17leral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, SPAS or PUDs that create more than one lot, new Planned Unit Developments, and new Specially Planned Areas, are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business Hours for fifteen (15) days prior to the public hearing on such amendments. Signature The fore omg"Affidavit of Notice"was acknowledged before me this 2y day of L- , 20LL , by PUBLIC NOTICE RE:114 NEALE AVENUE-RELOCATION WITNESS MY HAND AND OFFICIAL SEAL. NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday,May 14,2014,at a meeting to begin at 5:00 p.m.before the Aspen 3 U ( 7 Historic Preservation Commission,in Council My comrnisslon expires: Chambers,City Hall,130 S.Galena St.,Aspen. HPC will consider an application submitted by DWS Family Trust,3 Remington Lane,Houston, �' /,.,,� TX,77005,related to their property located at 114 ,/1 f,e2 Neale Avenue,legally described as Lot 1,114 Neale/17 Queen Historic Lot Split,Parcel ID . #2737-073,83-001. The applicant requests ap - Notary Public proval to temporarily relocate the historic structure during construction of a new addition and base- ment. The project already received Final Major Development approval via HPC Resolution#19, Series of 2013.For further information,contact Justin Barker at the City of Aspen Community De- BONNIE L. SHILES velo ment Department,130 S.Galena St.,Aspen, NOTARY PUBLIC ju ( s 7 0 > 4 2 s - 2 7 s 7 , STATE OF COLORADO justin.barkerRcityofaspen.com rTACHMENTS AS APPLICABLE: NOTARY ID 20054038739 aNay Mavlln MY COMMISSION EXPIRES OCTOBER 30,2017 Chair,Aspen Historic Preservation Commission 'BLICA TION Published in the Aspen Times on April 24,2014 [10127479] IF THE POSTED NOTICE (SIGN) • Lisi,OF THE UTVNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL • APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. x'24-65.5-103.3 RECEIVEC APY _ ,,:n AFFIDAVIT OF PUBLIC NOTICE �'� i' ��tf REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE Cb9WC�! � � ADDRESS OF PROPERTY: 11_4 Neale AVP_YIUP , Aspen, CO SCHEDULED PUBLIC HEARING DATE: May 14 , 20 [4 STATE OF COLORADO ) ss. County of Pitkin ) 1, (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: yglA Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing on the 201 day of A pp L , 20 14 , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. _ vl" Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior tp the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing 4s required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) n►)a Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development.. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, SPAs or PUDs that create more than one lot, new Planned Unit Developments, and new Specially Planned Areas, are subject to this notice requirement. _ Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient leg4l description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature The foregoing "Affidavit of Notice"was acknowledged before me this Z90 day of Arrr-i` , 20 14 , by WITNESS MY HAND AND OFFICIAL SEAL JENNIFER M. WRIGHT My mission expires: l �-- NOTARY PUBLIC STATE OF COLORADO NOTARY ID#20134043266 -- M July 15,2017 y ubli ATTACHMENTS AS APPLICABLE: •COPY OF THE PUBLICATION *PHOTOGRAPH OF THE POSTED NOTICE (SIGN) • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED B Y MAIL • APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 PUBLIC NOTICE RE: 114 NEALE AVENUE- RELOCATION NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, May 14, 2014, at a meeting to begin at 5:00 p.m. before the Aspen Historic Preservation Commission, in Copncil Chambers, City Hall, 130 S. Galena St., Aspen. HPC will consider an application submitteO by DWS Family Trust, 3 Remington Lane, Houston, TX, 77005,related to their property located 41 114 Neale Avenue, legally described as Lot 1, 114 Neale/17 Queen Historic Lot Split, Parcel ID #2737- 073-83-001. The applicant requests approval to temporarily relocate the historic structure oq-site during construction of a new addition and basement. The project already received Final Major Development approval via HPC Resolution #19, Series of 2013. For further information, contact Justin Barker at the City of Aspen Community Development Department, 130 S. Galena St.,Aspen, CO, (970) 429-2797,justin.barker @cityofaspen.com s/Jay Maytin Chair,Aspen Historic Preservation Commission Published in the Aspen Times on April 24,2014 City of Aspen Account Easy Peep Labels ± 1 Bend slang line to i j AVERVO 51600 i Use Avery®Template 51600 reed Paper expose Pop-up Edgeym L�.:'� j 2013 WOLFOND FAMILY TRUST BEATON GLENN K BLEEKER STREET REV TRUST 49 HIGHLAND CRESCENT 936 KING ST 32 TULIP ST TORONTO ONTARIO M2L 1G7 CANADA, ASPEN, CO 81611 SUMMIT, NJ 07901 BRIEN ALICE CITY OF ASPEN DECRAY MARCELLA TRUST 50% 110 NEALE AVE ATTN FINANCE DEPT 1528 HILL ST ASPEN, CO 81611 130 S GALENA ST SANTA MONICA, CA 9040§ ASPEN,CO 81611 FRONTIER LLC FUENTE DAVID&SHEILA GIRVIN LINDA A 11144 MOCKINGBIRD DR 701 TERN POINT CIR 414 N MILL ST OMAHA, NE 68137 BOCA RATON, FL 33431 ASPEN,CO 81611 GREENWOOD WILLIAM S HARRIS FAMILY TRUST HATANAKA HOWARD I PO BOX 4778 PO BOX 3966 980 KING ST ASPEN, CO 81612 ASPEN,CO 81612 ASPEN,CO 81611 ISAAC THOMAS D REV TRST KASABACH JACQUELYN A LANG DONALD W 975 KING ST PO BOX 4166 PO BOX 4166 ASPEN, CO 81611 ASPEN,CO 81612 ASPEN,CO 81612 LAWRENCE LARRY S QPR TRUST 50% LIPSEY WILLIAM S LOEWENSTERN CAROL TRUST 8560 RUETTE MONTE CARLO 955 KING ST 910 GIBSON AVE LA JOLLA, CA 92037 ASPEN,CO 81611 ASPEN,CO 81611 MAPLE CHARLES A& BRYCE M MARZIALE ANTONIO MEADOWS JEAN R&STANLEY H 927 GIBSON AVE 15201 MASON RD#1000 PMB 375 538 HILLSIDE DR ASPEN, CO 81611 CYPRESS,TX 774335977 HIGHLAND PARK, IL 60036 MICKEY JAMES& MARLENE MORRIS JAMES/BYARD ANNE TRUST MORSE JAMES A TRUST 931 GIBSON AVE 860 GIBSON AVE 800 E ELLIS RD ASPEN, CO 81611 ASPEN,CO 81611 NORTON SHORES, MI 49441-5622 RIVER HOUSE LLC ROCKY MTN PROPERTY II LLC SHOAF JEFFREY S 28 W GRAND AVE 73 SMUGGLER GROVE RD PO BOX 3123 MONTVALE, NJ 07645 ASPEN,CO 81611 ASPEN,CO 81612 SKOKOS THEODORE C&SHANNON B SNOW ORCHID LLC VARE DARLENE DESEDL€TRUST PO BOX 17330 1125 SAN MATEO DR 1024 19TH ST#7 LITTLE ROCK,AR 72222 MENLO PARK,CA 94025 SANTA MONICA,CA 90401 kiquettes faciles A peter ; A Repliez a la hachure afin de; www.avery c9m Utilisez le abarit AVERYO 51601 Sens de r6v6ter le rebord Pa u TM ' 1-800-GO-AV RY 9 ) chargement p p 1 Easy Peel®Labels + ♦ Bend along line to reed Paper expose Fop-up EdgeT ® A�/ERY®5160 Use Avery®Template 51600 J �� "' WEISMAN FAMILY LP 2708 IRVING AVE SOUTH MINNEAPOLIS, MN 55406 Etiquettes faciles h peter • Repliez a la hachure afin de; www.avery tpm Utilisez le gabarit AVERY(D 5160(b Sens de reveler le rebord Po u TM ' 9 800-Gtl-AV I{Y ' J chargement p p P •��` �, ..��~�_ �, .a. tea, S =��:-�r�• '.'. IF��i� �. _. �,,.. �� .-�c--,��•.' '. � .•.. .. may.. �. ^ s 4 � � x lie OA- r �~-� _.. .. �y+'�^� - �. _ � may►��. `� a_ Y.X* t �r 4 c �. ,A4 Ak ATTORNEYS TITLE INSURANCE AGENCY OF ASPEN, LbCI 715 WEST MAIN STREEr, SUITE 202 ASPEN. COLORADO 8161 1 OWNERSHIP & ENC0M0RANCE REPORT This report is based on u scurz6 made of6ocumcrns affecting the record title to the prupeu} described hereinafter. �cr, searched b |egul description and bythe names of the �rontornrLimo/ee. Cmuscquoo|y, the infonnudwn as to record o*ncriu taken from the most recent recorded Vcsdua Deed. and the information ostoexistIn2- encumbrances reflects those Jo«uoncn|^ pfrecord v|'ich spcci�ica||y described the subject property h! |cga| description urvbich refer/o the owner ofthopnopen} wbidharcG|cdb�namenn|� and do not inc|ude the legal deacrip6onuf the prope�y. No infonnabon is furnished relative uoeasements, covenants. conditions and restrictions, This report does include the results of a search under the nanies of' the property mwncr(u) in the general index. Liubi|it} of/\omrnc-,s Title Insurance Ageno} of/\spco, LLC Linder this(}'.ocrship and Encumbrance Report is limited to the fee received. Effective Date: April \4. 20)4 Property Address: \ l4 Neale Avenue. Aspen. C08|61 | 8obo6o/eNo/ K016674 Parcel No: 273707383001 Taxes: Total taxes for tile vcurZ0|3, have been paid infull io the amount Of. $6,22Q.36. 'Faxes for the year 20l4, are not yet due orpayable. Legal Description: Lot l, as shown on the Subdivision Exemption P|o/of 114]NEALE / 17 QUEEN HISTORIC LOT SPLIT. ucconjiiwro the Plat 1hcn:u[rccurJcJ \1uy2q. 1998 in Plat Book 45 at Paar 17. Pitkio Coun/y. Colorado. Record Owner: Donald W', Short. Trustee ofrkeDVVSEumilyTrust NOTE: This propco} "as Transferred on December 5, ZUl2. by Reception No. 594j05. without oh«uini4g, a Real Estate Transtler Tax Exemption from the C ity Of Aspen (or without evidence that a real estate transfer tax exemption was ntxmined). The following liens were found affecting subject property: Thspnoperv, nnnx\\ free and clear. / �pg � � �01� ,`"°".^y APR ~ -- 4 m'.'. ` ^^` ~ TELEPHONE(970) 925-7328 A A A FACSIMILE (97O)925-734B ponoerromo. s**sus' 1,�i,j5/e012 at oz:ss:so ,m' z OF 7' R $41^u or $0,00 Janice K. vom cavuizl' Pitkio County, co SPECIAL WARRANTYDEED rxE STATE 0FCOLORADO § @ KNOW ALI'PERSONS uz THESE pnsssNTS: COUNTY OFp/Tuo� 4 THAT ANN M. SHORT (hereinafter referred to as '`Wumlor"), for no consideration, buxGR-«NTCD. SOLD, ASSIGNED arid C0vv5YeD arid by these presents does GRANT,SELL,ASSIGN and C0NvsY unto DONALD*.SHORT,TRUSTEE 0[TuE ovvS FAMILY TRUST (hereinafter referred to as ''Gcm4ee,'). whose mailing address is 3 Remington Lane,u^,:w,' ro*s 77nu5,the real property situated iuvitk,o County,Colorado and more fully described mExhibit 2A"aitacxed hereto(the"1and~) together with (i)any and all appurtenances belonging"r appertaining thereto; (i/)any and all appurtenant easements m rights ofway affecting said real property and any ol'Grantor's rights to use same;(iii)attv andall rights of ingress and egress to arid frorp, said real property and any of Grantor's rights to use uum" (/,)all minerals,oil,gas,and other xru,^cumun substances thereon owned bx Grantor, : any, (v)all air, riparian, development, utility, u,u on|az dguo related thereto; (vi)all huha of Grantor m bring a cause vf action mwsec damages mother relief against any third parties who may have injured or damaged the Lund or any /mpm°ommzu thereon prior to the date hereof and (,ii)all rigut, ddc arid interest of Grantor, i[m`x in arid to (a)any mm all roads, ^truoo, u|lexo and ways(open or proposed)affecting,crossing, fronting mrbounding said real property, imz|vujou any uwu,da made or to be made relating thereto including. without uxuxw.^o, any unpaid awards m damages payable by reason nfdamages thereto o,hy reason ofu widening of or changing of the grade with respect to same.(b)any and all strips, gores or pieces of properly =uuniu»,bounding o,which are adjacent o,contiguous msaid real property(whether owned o, claimed hv dco8. |imhah^ou or otherwise), and (c)any and all reversionary interests in and to said real ymyuuy (said red property together wux any and all of the related urpurtuoanucu. RECEPTION#: 594505, 12, ,i5/2012 at 01:56:50 PM, 2 OF 7, Janice K. Vos Caudill, Pitkin County, CO tights and interests referenced in items(i)through(vii)above are herein collectively referred to as the "Property,"). Notwithstanding anything contained herein to the contrary,however, with respect to the rights and interests described in (iii),(v),(vi) and (vii)directly above,Grantor is hereby only granting,selling and conveying any of Grantor's right, title and interest in and to same without warranty(whether statutory,express or implied). TO HAVE AND TO HOLD the Property together with all and singular the rights and appurtenances thereto in anywise belonging unto Grantee, its successors and assigns forever, subject to the matters herein stated,and Grantor does hereby bind herself and her successors and assigns to WARRANT AND FOREVER DEFEND all and singular the Property unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through or under Grantor but not otherwise, provider] that this conveyance and the warranty of Grantor herein contained is subject to (a) the matters herein stated,(b)the matters set forth on Exhibit"B"attached hereto(the"Permitted Exceptions-),and (e)any and all matters that a current true and correct survey of the Property would reveal,to the full extent same are valid and pertain to the Property. Notwithstanding anything herein to the contrary, Grantor does hereby bind herself and her successors and assigns to WARRANT AND FOREVER DEFEND the Property together with all and singular the rights and appurtenances thereto unto Grantee (but not Grantee's successors and assigns)against every person whomsoever lawfully claiming or to claim the same or any part thereof; provided that this conveyance and the warranty of Grantor set forth in this paragraph are subject to(a)the matters herein stated, (b)the Permitted Exceptions,and (c)any and all matters that a current true and correct surey Of the Property would reveal, to the full extent same are valid and pertain to the Property. 2 Hol RECEPTION#: 599505, 1+- - 5/2012 at 01:56:50 PM, 3 OF 7, Janice K. Vos Caudill, Pitkin County, CO EXECUTED as of the date of the acknowledgments set forth below, etf'cctive for all purposes,however,as of the day of ��' , 2012, GRANTOR: ANN M.SNORT,an individual /Notary Page Pollowsl [Signature Page to Special Warranty Deed!, HOC 32tii4oi+ RECEPTION#: 5945C5, 1—',, j5/2012 at 01:56:50 PM, 4 OF 7, Janice K. Vos Caudill, Pitkin County, CO STATE of TEXAS § COUNTY 0 F 3AAg?--6 § BEFORE ME,the undersigned authority,on this day personally appeared Ann M.Short, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY I IAND AND SEAL OF OFFICE this day of k'vtfm6e'- 20 12, YP, KRISTINE MARIE FIELDING votary Public in and for the State of Tex'Q -USOC STATE OF TEXAS MY je MAyie, o JUNE 5,2013 Printed Name of Notary E, aol L--------------- M� Commission Expires Record and Return to: Jason M.Peters Andrews Kurth LLP 600 Travis,Suite 4200 Houston,Texas 77002 [Notary Page to Special Warranty Deed] HOC 126:46b: RECEPTION#: 594505, 12 --6/2012 at 01:56:50 PM, 5 OF 7, Janice K. Vas Caudill, Pitki'n County, CO EXHIBIT Propero,I Description Lot 1. as shown on the Subdivision 17xemption Plat of 114 NEAL&17 QUEEN HISTORIC LOT SPLIT, according to the Plat thereof recorded May 29, 1998 in Plat Book 45 at Page 17 Also known as 114 Neale Avenue,Aspen,Colorado 81611. Exhibit A-1 W W'124114-1 RECEPTION#: 594505, 17 5/2012 at 01:56:50 PM, 6 OF 7, Janice K. Vos Caudill, Pitkin County, CO EXHIBIT-B Permitted Exceptions ojjt,jjnrd in t w Ui itvd Stites Pw4�w o,itvd;Augk;A2,, to,-i s -ld fe"'wdcd Allgll"! :14), t�riti 11 ll,qn,60..a NIL)(*871,i'S Uilit<"d State"" owhe 3F,, ,,, RecepTi(n)No, ;;a t i( ,&jl-Cjj j,,logo,ztIld 3,tcordc(!Augllst 21, N 4. Terms,conditions,provisions,agreements and obligations specified under the Covenant Burdening Real Property dated April 8,1991,and recorded July 1,1991,in Book 65o at Page 264,as Reception NO.334 163. 51 `ferns,conditions,provisions,agreements and obligations specified under An Ordinance of the City Council,of the City of Aspen,Colorado,Designating 17 Queen Street,a Metes and Hounds Parcel of[.and being part of Tract 40,East Aspen Addition to the City of Aspen as IT%Historic Land-ark Pursuant to Section 26.-76-o3o of the Aspen municipai Code, dated January)3,1997,and recorded September 3, 1997,as Reception No.407978, (Y Any and all notes,easements recitals as disclosed Oil the recorded Subdivision Exemption Plat for 114 Neale/i?Queen Street 1,.)t Split Plat recorded May 29,1998,in Plat Book 45 at Page 17,as Reception No.417433• 7 Terms,conditions,provisions,agreements and obligations specified under the Resolution of tjje,&peu flistoric Preservation Commission Approving an Application for Minor Development to Remodel a Historic House at I j4 Neat Avenue,City and Townsite of Aspen, Colorado(Parcel ID#2737-073-83-00j),Resolution No.49,Series of 1999,dated October 27, iggg,and recorded November 12,iggg,as Reception NO.4376W 8. Terms,conditions,provisions,agreements and obligations specified under An Ordinaiiec of the Aspell City Council Granting Approval for a Subdivision Exemption for an Historic Landmark Lot Split at 114 Neale Avenue/ 17 Queen Street(Parcel j,of the Boundary Agreement Plat thereoi recorded in ftit Book 13 at Page 35,City of Aspen,County of Pitk'n, State of Colorado)Aspen,Colorado,and Declaring an Emergency in Accordance With Section 4.11 Oft]le Aspen City Charter(Ordinance No,16-Series of 1998),dated May 26,1')98,and recorded February 18,2000,as Reception No.440652- 4. Terms,conditions,provisions,agreements and obligations specified under the Resolution of the Aspen Historic Preservation Commission(11PC)Approving an Application for Major Development(Conceptual)and a Variance froin the Residential Design Standards for 114 Neale Avenue,Lnt I of the 114 Neale/17 Queen Street llistunc Landmark Lot Split,City and ,rojvwite,of Aspen,Colorado(Rc,,K)jution Nn,29,Series Of 20o6)dated October 25,2o06,and recorded March 15,2oo7,as Reception No.535455- Exhibit B-1 iWU;263466 i RECEPTION#: 594505, 12�j"�'5/2012 at 01:56:50 PM, 7 OF 7, Janice K. Vos Caudill, Pitkin County, CO 10. 'terms,conditions,provisions,agreements and obligations specified under the Resolution of the Aspen Historic Preservation Commission(HPC)Approving an Application for Major Development(Final)for 114 Neale Avenue,lAt 1 of the 114 Neale/17 Queen Street Historic Iandmark Lot Spl it,City and Tmrmsite of Aspen,Colorado(Resolution No,17,Series of 2007)dated Fehruaty 28,2007,and recorded November Et,2011,as Reception NO.584275• Exhibit B-2 tiOti±'_63.bh.1 RECEIVED APR 16 2014 CITY OF ASPEN CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY t "131'Y1IL11° PLANNER: Justin Barker, (970) 429-2797 DATE: 4.2.14 PROJECT: 114 Neale Ave REPRESENTATIVE: Steve Wilson, Forum Phi DESCRIPTION: HPC granted final design approval for a redevelopment of this property through Resolution #19, Series of 2013. In order to protect the integrity of the historic structure, the applicant would like to temporarily locate it during construction of the new addition and subgrade space. Relocation was not part of the original approval. This is a Substantial Amendment which must be reviewed by HPC at a public hearing. HPC must determine that the relocation request satisfies the criteria located in Section 26.415.090.C. Land Use Code Section(s) 26.304 Common Development Review Procedures 26.415.070.E Certificate of Appropriateness for Major Development, Amendments 26.415.090 Relocation of designated historic properties Land Use Code: http://www aspenpitkin com/Departments/Community-Development/Planning-and-Zoning/Title-26- Land-Use-Code/ HPC application: http•//www.aspenpitkin.com/Portals/0/docs/City/Comdev/Apps%20and%2OFees/2011°/o2OHistoric %20Land%20Use%20App%20 Form.pdf Review by: Staff for completeness, HPC for review Public Hearing: Yes, at HPC. Referral Agencies: None. Planning Fees: $1,950 deposit for up to 6 hours of review (additional billable hours, or hours to be refunded will be at the rate of $325 per hour) Referral Agency Fees: None Total Deposit: $1,950 To apply, please submit 1 copy of: • Signed fee agreement and payment. • Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. • Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 1 And 12 copies of: ❑ A site plan depicting the proposed temporary location of the historic structure. ❑ A written explanation of the type of relocation requested (temporary, on-site or off-site) and justification for the need for relocation. ❑ A written report from a licensed engineer or architect regarding the soundness of the building its ability to withstand the physical move and its rehabilitation needs, once relocated. A proposed plan for relocation provided by the housemover may also be acceptable. ❑ Evidence of the financial ability to undertake the safe relocation, preservation and repair of the building; site preparation and construction of necessary infrastructure through the posting of bonds or other financial measures deemed appropriate. A letter of credit or cashier's check in the amount of $30,000 is typically required to be posted with the City for the duration of the relocation process. ❑ Prior approvals. ❑ A written description of the proposal and an explanation of how the proposed development, complies with the review standards and design guidelines relevant to the application, including a floor area bonus. 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. CONSENT AND AUTHORIZATION TO REPRESENT DWS FAMILY TRUST 3 REMINGTON LANE HOUSTON, TX 77005 January 9,2013 City of Aspen Community Development Department 130 South Galena Street, 3`d Floor Aspen, Colorado 81611 114 Neale Avenue Dear Director, We hereby consent that Steev Wilson and Forum Phi may submit any and all Land Use Applications on our behalf for our property.They may represent us during the application review and approval processes.They may act on our behalf,and may also sign on our behalf all applications and permits, and any and all documents required or ancillary thereto. Steev Wilson, Partner,AIA Forum Phi 117 S Spring St, Ste 202 Aspen, CO 81611 Thank you, Sincerely, Date Don W Short ���������� �� ����� � ����U^���~��� ����� m����. .~~~....~. .� u�� m— .~,� m�mn~n~u&.~~~�n~~. ~ m�.~~~~~ An agreement between the City of Aspen ("City")and APR 6 ?014 i Property Steev Wilson, Phone No.: 970-279-4109 . on behalf of DWS Family Trust Email: swilson@forumphi.com Address of Billing Property: 114 Neale Avenue Address'. 715 W Main St., Ste 204 (subject Of Aspen, CO 81611 (send bills here) Aspen, CO 81611 | understand that the City has adopted, via Ordinance No. . Series of2O11. review fees for Land Use applications and the payment of these haeo is u condition precedent to determining application completeness. | undo/stand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and ro&ana| fees: | ognoo to pay the following fees for the oemimao indicated. | understand that these flat fees are non-refundable. $ flat fee for 9 flat fee for $ flat fee for $ flat fee for For deposit 000*a only: The City and | understand that because of the aize, nature or scope of the proposed prmect, it is not possible at this time to know the full extent ortotal onatn involved in processing the app|ioqtion. | understand that additional u000 over and above the deposit may moome. | understand and agree that it is impracticable for City staff to complete p,oceasing, reviow, and presentation of sufficient information to pnab|e legally required findings to be made for project consideration, unless invoices are paid in full. The City and | understand and agree that invoices mailed by the City Vothe above listed billing address pd not returned to the City shall be considered by the City as being received by mo. | agree 0o remit payment within 30 days nf presentation nfan invoice by the City for such services. | have read, undorokood, and agree b/the Land Use Review Fee Policy including consequences for non'pqymenL I agree to pay the following initial deposit amounts for the specified hours of staff time. | understand that payment of deposit does not render an application complete or compliant with approval criteria. If actual recorded costs axoaad the initial deposit, | agree to pay additional monthly billings to the City to reimburse the City for the processing ofmy application a\the hourly rates hereinafter stated. 1950 deposit for 6 hours of Community Development Department staff time. Additional time above the deposit amount will bo billed u1$315 per hour. deposit for_ hours uf Engineering Dopa� h men�s�a� me. Addibona| dmeobnvethedapooit amount will ba billed at$265 per City ofAspen: Property Owner: ChhoBandon ' ~ — �— Community Development Director Name: Steev Wilson,on behalf of DVVS Family Trust City Use: itle: Architect ATTACHMENT 2 - Historic Preservation Land Use Application PROJECT: _ APR 16 2014 Name: 114 Neale Aspen, CO 81611 114 Neale Avenue, As Location: p Lot 1 - 114 Neale/17 Queen Historic Lot Split (Indicate street address, lot&block number or metes and bounds description of property) Parcel ID# (REQUIRED) 2737 073 83 001 APPLICANT: Name: DWS Family Trust Address: 3 Remington Lane, Houston, TX 77005 Phone#: 713-677-3265 Fax#: E-mail: don @brandvita.com REPRESENTATIVE: Name: Steev Wilson, Forum Phi Address: 715 W Main St., Ste 204, Aspen, CO 81611 Phone#: 970-279-4109 Fax#: 866-770-5585 E-mail: swilson@forumphi.com TYPE OF APPLICATION: lease check all that apply): ❑ Historic Designation x❑ Relocation(temporary, on ❑ Certificate of No Negative Effect ❑ or off-site) ❑ Certificate of Appropriateness ❑ Demolition(total ❑ -Minor Historic Development demolition) ❑ -Major Historic Development ❑ Historic Landmark Lot Split ❑ -Conceptual Historic Development ❑ -Final Historic Development -Substantial Amendment EXISTING CONDITIONS: (description of existing buildings,uses,previous approvals, etc.) Single Family Residence - Historic Miner's Cabin with modern addition. Previous approval from Aspen Historic Preservation Commission for Major Development- Resolution#19, Series of 2013. PROPOSAL: (description of proposed buildings,uses,modifications, etc. Temporary relocation of historic miner's cabin to an adjacent location on the project site for a limited period of time during construction; followed by replacement of structure to original location. Aspen Historic Preservation Land Use Application Requirements,Updated:May 29,2007 General Information Please check the appropriate boxes below and submit this page along with your application. This information will help us review your plans and, if necessary, coordinate with other agencies that may be involved. YES NO ® ❑ Does the work you are planning include exterior work; including additions, demolitions, new construction, remodeling, rehabilitation or restoration? ❑ ® Does the work you are planning include interior work; including remodeling, rehabilitation, or restoration? ❑ ® Do you plan other future changes or improvements that could be reviewed at this time? ❑ X In addition to City of Aspen approval for a Certificate of Appropriateness or No Negative Effect and a building permit, are you seeking to meet the Secretary of the Interior's Standards for Rehabilitation or restoration of a National Register of Historic Places property in order to qualify for state or federal tax credits? ❑ ❑ If yes, are you seeking federal rehabilitation investment tax credits in conjunction with this project? (Only income producing properties listed on the National Register are eligible. Owner-occupied residential properties are not.) ❑ ❑ If yes, are you seeking the Colorado State Income Tax Credit for Historical Preservation? Please check all City of Aspen Historic Preservation Benefits which you plan to use: ❑ Rehabilitation Loan Fund ❑ Conservation Easement Program ❑ Dimensional Variances ❑ Increased Density ❑ Historic Landmark Lot Split ❑ Waiver of Park Dedication Fees ❑ Conditional Uses ❑ Exemption from Growth Management Quota System ❑ Tax Credits Aspen Historic Preservation Land Use Application Requirements,Updated:May 29,2007 ARCHITECTURE I INTERIORS(PLANNING FORUMPHI.COM 715 W.Maw,St I Ste.204 1 Aspen,CO 81 E11 P.970.279 4157 F,86C.?70.5585 TO: Chris Bendon, Community Development Director FROM: Forum Phi RE: 114 Neale Avenue DATE: April 15, 2014 Dear Director, Forum Phi requests your approval of a Substantial Amendment to Major Development for a project at 114 Neale Avenue. The subject property is listed on the Aspen Inventory of Historic Landmark Sites and Structures and received prior approval from the Aspen Historic Preservation Commission for Major Development (Resolution #19, Series of 2013). This previously approved proposal consists of an expansion and reconfiguration of an existing "modern" addition to a historic structure. The substantial amendment includes the temporary relocation of the historic structure to an adjacent location on the project site for a limited period of time during construction. The project team and owner have determined the temporary isolation and relocation of the historic cabin to be the most cost effective solution for protection and preservation. This will ensure the integrity of the historic structure while demolition, excavation, and construction occur in the subgrade and lower level remodel. Once the new foundation is in place, the historic structure will be replaced to it's original location and will conform to the design guidelines previously approved. The temporary relocation process involves bracing the historic structure from below the existing floor with a series of H-beams. The historic windows and doors will be covered and protected with plywood prior to relocation. The roof of the front porch will be braced to the structure and the historic posts will be removed and saved. It appears the deck flooring is not historic, but it will be saved and reconstructed if possible. The structure will be replaced in it's original location once the new foundation walls are complete. The Land Use Application for Substantial Amendment is complete per the City of Aspen Community Development Department's Historic Preservation Application Package. Sincerely, Steev Wilson, AIA r v BAILEY HOUSE MOVERS ')4 q7i�'-' GRAND JUNG?ION. COL`,-) 1: We hereby SLI')Mil, eSttnlatPS "Of —7,4)C k"'IAJ6' u pq1v,6 A_ CI ZZ IA,4c'� L 1).1 7 4 7,- 1Z l'_--A- `' Gf.) 6G'l /':✓ V e f /- e-4 CA!W (.X ✓A I Al,) r17LI 7,qL-,k',r 4 i f /4 06ef 7—c 4(,4-)L enq %I- 1­)k 6w/D£ 4 OR Wp pr000se fiereny !(j t,)rnrsh rn!tizr,A' and ?,tN,.� ,-omn,r4e, !r try. --------------- 3 Dalc 3* I - -- �_�-'1�+���.. _ ��_�_ `.�-�� `L�.._ 1'`i1s�.�,'_r r''_._ �` 1'`2'r_t>>�..._._• _�s_� �.'��t'Fti C'-�. �C,'�.,1.�, _ i i I_ ___ t ��/-� K`�f ff r��y-lam►J �,l R-'�F,t' � X/:`, .'//l-f��l /— L G'G�/� ,�1 �?� U��� cG 1 j(7 'n - _ AM itrCr l)_. L/ ' 7 e AS /�� �� d-f f! ►c n.,rF .� `r-c' '7A e _ X)t7w-_--1 jf'� r .QL E G/L� rte_ n / ` 7 tCi Ls 1>t Cl/ I I i Bailey House Movers 3/31/2014 3149-B Rd. Grand Junction, Colo. To Whom It May Concern. I have looked at the house, located at 114 Neale Street, in Aspen, Colorado and 1 am confident that our company can lift the house up so that a new basement type foundation can be made for it. One method would be to place all beams under the floor joists and pick up the floor with the rest o1'the house. Another method would be to place all the beams above the floor and pick the house ofl'the floor, this would be the Micro-Lam Method. The drawings below illustrates the Micro-Lam method. Regardless of the method used to pick the house up, it would then be rolled to the north and stored on cribbing while the new foundation is being prepared. Bill Bailey �A Ac id i Y ,I )11 PACE 3 J i IIENMW lir,ice r ,� < _w 1\. ��i ATTORNEYS TITLE GUARANTY FUND, INC. EMNMIMA ALTA Commitment Form (611712006) COMMITMENT FOR TITLE INSURANCE issued by Attorneys Title Guaranty Fund, Inc. Attorneys Title Guaranty Fund, Inc., a Colorado corporation (the "Company"), for valuable consideration, 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 in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and S and to the Conditions of the Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. IN WITNESS WHEREOF, Attorneys Title Guaranty Fund, Inc. has caused its corporate name to be affixed by its duly authorized officers on the date shown in Schedule A. ATTORNEYS TITLE GUARANTY FUND, INC. ERIC R. MORGAN PRESIDENT FOR INFORMATION OR SERVICES IN CONNECTION WITH THIS COMMITMENT, CONTACT: Winter T. Van Alstine, 715 W. Main Street, Suite 305, Aspen Colorado 81611, Phone: (970) 925-7328, Fax: (970)925-7348 Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under Ilcense from the American Land Title Association. CONDITIONS 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 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 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 are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action of 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 the Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at <http://222.alta.orcI>. Copyright 2006-2009 American Land Title Association, All rights reserved. The use of this f=orm is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. 15\11iTii r; American Land Title Association Commitment Attorneys } Title Guaranty Fund, Inc COMMITMENT NO. PC201208012598 File No. PC 12002992 SCHEDULE A 1. Effective Date: 8/6/2012 at 7:45 A.M. 2. Policy or Policies to be issued: Premium A. ALTA Owner's Policy(06/17/06), Amount $2,445,000.00 $2,356.00 Proposed Insured: Donald W. Short and Ann M. Short Certificate of Taxes Due $25.00 Endorsements: 110.1(1, 2, 3 and 4), 130 $50.00 Additional Charges: $0.00 Total $ 2,431.00 3. The estate or interest in the land described or referred to in this Commitment and covered herein is vested in Bret F. Thoeny and Lissa L. Zwahlen 4. The estate or interest in the land described or referred to in this Commitment and covered herein is Fee Simple 5. The land referred to in this Commitment is situate in the county of PITKIN, State of Colorado and is described as follows: See Schedule C attached hereto. For informational purposes only, the property address is: 114 Neale Avenue,Aspen, Colorado 81611 Winter T. Van Alstine Authorized Officer or Agent 2622 Member Number FOR INFORMATION OR SERVICES IN CONNECTION WITH THIS COMMITMENT, CONTACT: Winter T. Van Alstine, 715 W. Main Street, Suite 305, Aspen Colorado 81611, Phone: (970) 925-7328, Fax: (970) 925-7348 THIS CO3IJHTAIENT IS ISSUED SUBJECT TO THE STATEJIF.NT OF TERIIS, CONDITIONS AND STIPULA9'IONS ATTACHED Copyright 20416-7009 American Land l itle Association.All right.resen'ed.The use of this}urnt is restricted to ALTA licensee and ALFA members in good standing•ai of the dale of use.All other uses are prohibited.Reprinted under license from the American Land Title Association, American Land Title Association Commitment Attorneys Title Guaranty Fund, Inc. COMMITMENT NO.PC201208012598 FILE No. PC 12002992 SCHEDULE B-Section 1 -Requirements The following are the requirements to be complied with: a. Pay the agreed amounts for the interest in the land and/or the mortgage to be insured. b. Pay us the premiums fees and charges for the policy. c. Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured must be signed,delivered and recorded. d. You must tell its in writing the name of anyone not referred to in this Commitment who will get an interest in the land or who will make a loan on the land. We may then make additional requirements or exceptions. c. Payment of all taxes,charges and assessments, levied and assessed against the subject premises which are due and payable. f A Certification of Taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or an authorized agent(pursuant to Senate Bill 92-143,CRS 10-11-122). g. Receipt by the Company of the appropriate affidavit as to new construction and indemnifying the Company against any unfiled materialmen's or mechanic's liens. h. Warranty Deed must be sufficient to convey the fee simple estate or interest in the land described or referred to herein, from Bret F. Thoeny and Lissa L. Zwahlen to Donald W. Short and Ann M. Short, the proposed insured, Schedule A, item 2A.NOTE:C.R.S. A§38-35-109(2)required that a notation of the purchaser's legal address, (not necessarily the same as the property address)be included on the face of the Deed to be recorded. i. Release of the Deed of Trust from Bret F. Thoeny and Lissa L. Zwahlen to the Public Trustee of Pitkin County for the benefit of Affiliated Financial Group, Inc. to secure an indebtedness in the principal sum of $700,000.00, and any other amounts and/obligations secured thereby,dated July 22,2002,and recorded July 23,2002,as Reception No. 470114. j. Release of the Deed of Trust from Bret F.Thoeny,and Lissa L.ZwahIen to the Public Trustee of Pitkin County for the benefit of Countrywide Home Loans,Inc. to secure an indebtedness in the principal sum of $1,500,000.00,and any other amounts and/obligations secured thereby,dated November 27,2006,and recorded November 27, 2006,as Reception No. 531503. k. Improvement Survey Plat sufficient in form and content and certified to the Company. Exception will be taken to adverse matters disclosed thereby. Note: If the sales price of the subject property exceeds $100,000.00, the seller shall be required to comply with the disclosure or withholding provisions of C.R.S. §39-22.604.5 (non-resident withholding). Note: Effective September 1, 1997, C.R.S. §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 inch. The clerk and recorder may refuse to record or file any document that does not conform. Note: All conveyances (deeds) subject to the documentary fee submitted to the county clerk and recorder for recordation must be accompanied by a Real Property Transfer Declaration. This Declaration must be completed and signed by the grantor(seller)or grantee(buyer). Copyright 2006-2009 Antericam Lund fide Association. All rights reserved. The use of this Form is re:tricied to AL TA licensees and ALTA members in gmd standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land fide Association. American Land Title Association Commitment Attorneys Title Guaranty Fund, Inc. COMMITMENT NO.PC201208012598 FILE No. PC 12002992 SCHEDULE B-Section 2-Exceptions Schedule B of the policy or policies to be issued will contain exceptions to the following matters 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 heretofore 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 for value of record the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes for the year 2012 not yet due or payable. 7. Reservations and exceptions as contained in the United States Patent dated August 21, 1958,and recorded August 29, 1958, in Book 185 at Page 69, as Reception No. 106874,as follows: right of way for ditches or canals as constnicted by the authority of the United States. 8. Any and all notes, easements and recitals as disclosed on the recorded Boundary Agreement Plat recorded April 29, 1982,in Book 13 at Page 35,as Reception No. 240935, 9. Terms,conditions,provisions,agreements and obligations specified under An Ordinance Designating a Portion of 17 Queen Street as H,Historic Landmark Pursuant to Division 7, Section 7-701 of the Land Use Code,dated March 12, 1990, and recorded August 21, 1990,in Book 627 at Page 834,as Reception No. 325486. 10.Terms,conditions,provisions,agreements and obligations specified under the Covenant Burdening Real Property dated April 8, 1991, and recorded July 1, 1991,in Book 650 at Page 264, as Reception No. 334163. 11.Terns,conditions,provisions,agreements and obligations specified under An Ordinance of the City Council,of the City of Aspen,Colorado,Designating 17 Queen Street,a Metes and Bounds Parcel of Land being part of Tract 40,East Aspen Addition to the City of Aspen as "H",Historic Landmark Pursuant to Section 26.76.030 of the Aspen Municipal Code,dated January 13, 1997,and recorded September 3, 1997, as Reception No. 407978. 12.Any and all notes,easements and recitals as disclosed on the recorded Subdivision Exemption Plat for 114 Neale/17 Queen Street Lot Split Plat recorded May 29, 1998,in Plat Book 45 at Page 17,as Reception No. 417433. 13.Terms,conditions, provisions, agreements and obligations specified under the Resolution of the Aspen Historic Preservation Commission Approving an Application for Minor Development to Remodel a Historic House at 114 Neal Avenue,City and Townsite of Aspen, Colorado(Parcel ID# 2737-073-83-001),Resolution No.49,Series of 1999,dated October 27, 1999,and recorded November 12, 1999, as Reception No.437688. 14.Terms, conditions, provisions, agreements and obligations specified under An Ordinance of the Aspen City Council Granting Approval for a Subdivision Exemption for an Historic Landmark Lot Split at 114 Neale Avenue/ 17 Queen Street(Parcel 1,of the Boundary Agreement Plat thereof recorded in Plat Book 13 at Page 35,City of Aspen, County of Pitkin, State of Colorado)Aspen, Colorado, and Declaring an Emergency in Accordance with Section 4.11 of the Aspen City Charter(Ordinance No. 16 -Series of 1998),dated May 26, 1998,and recorded February 18,2000,as Reception No. 440652. American Land Title Association Commitment Attorneys Title Guaranty Mind, Ine. COMMITMENT NO.PC201208012598 FILE No.PC 12002992 SCHEDULE B-Section 2-Exceptions 15.Terms,conditions,provisions, agreements and obligations specified guider the Resolution of the Aspen Historic Preservation Com►nisison(liPC)Approving an Application for Major Development(Conceptual) and a Variance from the Residential Design Standards for 114 Neale Avenue,Lot I of the 114 Neale/ 17 Queen Street Historic Landmark Lot Split,City and Townsite of Aspen,Colorado(Resolution No.29, Series of 2006)dated October 25,2006, and recorded March 15,2007,as Reception No. 535455. 16.Terms,conditions,provisions,agreements and obligations specified under the Resolution of the Aspen Historic Preservation Commission(HPC)Approving an Application for Major Development(Final) for 114 Neale Avenue,Lot I of the 114 Neale/ 17 Queen Street Historic Landmark Lot Split,City and Townsitc of Aspen, Colorado(Resolution No. 17, Series of 2007)dated February 28, 2007, and recorded November 11,2011, as Reception No. 584275. The Owner's policy to be issued hereunder will contain, in addition to the items set forth in Schedule B - Section 2, the following items: (1) the mortgage, if any, required under Schedule B - Section 1, Item (c); (2)unpatented mining claims, reservations or exceptions in patents or in Acts authorizing the issuance thereof, water rights, claims or title to water;(3)any and all unpaid taxes,assessments and unredeemed tax sales. Note: Colorado Division of Insurance Regulation 3-5-1, Section 7,Paragraph G requires that every title insurance company shall be responsible to the proposed insured(s) subject to the terms and conditions of the title insurance commitment, other than the effective date of the title insurance commitment, for all matters which appear of record prior to the time of recording whenever the title insurance company, or its agent, conducts the closing and settlement service that is in conjunction with its issuance of an owners policy of title insurance and is responsible for the recording and filing of legal documents resulting from the transaction which was closed. Note: Exception 4 of Schedule B, Section 2 of this Commitment may he deleted from the policy(s) to be issued hereunder 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 may have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 13 months. C. ATGF must receive the appropriate affidavit(s) indemnifying ATGF against mechanic's and materialmen's liens not filed. D. Any deviations from conditions A through C above is subject to such additional requirements or information as ATGF may deem necessary,or,at its option,ATGF may refuse to delete the exception. Note:The following disclosures are hereby made pursuant to §C.R.S. 10-11-122 i. The subject property may be located in a special taxing district ii. A Certificate of Taxes Due listing each tax jurisdiction shall be obtained from the county treasurer of the county treasurer's authorized agent iii. 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: if there is recorded evidence that one or more mineral estates has been severed, leased or otherwise conveyed from the surface estate of the subject property described in Schedule A of this Commitment, there is a substantial likelihood that a third party holds some or all of the ownership interest in oil, gas or other minerals or geothermal energy in the subject property. Such mineral estate may include the right to enter and use the surface of the subject property without the surface owner's permission. Copyright 2006-2009 American Land Title Association. All rights ieserwd. I he use of this romt is restricteJ to AL 1'A licensees and ALTA members in good standing as of the ATTORNEYS TITLE GUARANTY FUND, INC. Committed to Protecting Customer Information In order to better serve your needs now and in the future,we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information-particularly any personal or financial information.You have a right to know how we will utilize the personal information you provide to us. Therefore,ATGF has adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information that you provide to us. It does not govern the manner in which we may use information we have obtained from any other source,such as information obtained from a public record or from another person or entity. Types of Information Depending upon which of our services you arc utilizing, the types of nonpublic personal information that we may collect include: • Information we receive from you on applications,forms and in other communications to us,whether in writing,in person,by telephone or any other means; • Information about your transactions with us,our agents, or others; and • Information we receive from a consruner-reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore,we will not release your information to nonaffiliated parties except: (1)as necessary for us to provide the product or service you have requested of us; or(2)as permitted by law.We may, however,store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose,such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our agents or affiliated companies. Such affiliated companies include Attorneys Title Insurance Fund,Inc., ATGF's reinsurer and parent company. Former Customers Even if you are no longer our customer,our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities that need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and m accordance with this Privacy Policy. We currently maintain physical,electronic,and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. SCHEDULE C File#: PC12002992 Lot 1, as shown on the Subdivision Exemption Plat of 114 NEALE/17 QUEEN HISTORIC LOT SPLIT, according to the Plat thereof recorded May 29, 1988 in Plat Book 45 at Page 17,Pitkin County,Colorado. RECEPTION#: 59 "3, 09/24/2012 at 01:13:03 PM, 1 of 5, R $31.00 DF $244.50 Doc Code WD Janice K. Vos Caudill, Pitkin County, CO WARRANTY DEED THIS DEED dated aL September 2012,is granted and made by and between BRET F.THOENY and LISSA L.ZWAHLEN(the "Grantors") and ANN M. SHORT whose mailing address is: 3 Remington Lane, Houston,Texas 77005, (the"Grantee"). WITNESS,that the Grantors,for and in consideration of the sum of Two Million,Four Hundred Forty-Five Thousand and 00/100 U.S. Dollars ($2,445,000.00) and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,hereby grants,bargains, sells, conveys and confirms unto the Grantee and the Grantee's heirs, successors and assigns forever,all the real property,together with any improvements thereon,located in the City of Aspen, Pitkin County, Colorado, described as: Lot i, as shown on the Subdivision Exemption Plat of 114 NEALE/17 QUEEN HISTORIC LOT SPLIT,according to the Plat thereof recorded May 29,1998 in Plat Book 45 at Page 17; Also known as: 114 Neale Avenue,Aspen, Colorado 81611. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, I'' or in anywise appertaining, the reversions, remainders, rents,issues and profits thereof,and all the estate, rights,titles, interests, claims and demands whatsoever of the Grantors,either in law or equity,of, in and to the above bargained premises,with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances, unto the Grantee and the Grantee's heirs,successors and assigns forever. The Grantors,for themselves and for their heirs,successors and assigns, covenant,grant, \ ` bargain, and agree to and with the Grantee,and the Grantee's heirs,successors and assigns that at the time of the ensealing and delivery of these presents,the Grantors are well seized of the t '> premises above conveyed; have good,sure, perfect, absolute and indefeasible estate of inheritance, in law and in fee simple; and have good right, full power and lawful authority to grant, bargain,sell and convey the same in manner and form as aforesaid; and that the same are free and clear from all former and other grants,bargains,sales,liens, taxes,assessments, l encumbrances and restrictions of whatever kind or nature soever,except taxes for 2012, not yet due and payable, and: 1. Reservations and exceptions as contained in the United States Patent dated August 21, 1958, and recorded August 29, 1958,in Book 185 at Page 69,as Reception No. 1o6874,as follows: right of way for ditches or canals as constructed by the authority of the United States. 2. Any and all notes, easements and recitals as disclosed on the recorded Boundary Agreement Plat recorded April 29, 1982, in Book 13 at Page 35,as Reception No. 240935• n 3. Terms conditions,provisions' agreements and obligations specified under An � Ordinance Designating a Portion of 17 Queen Street as H, Historic Landmark Pursuant to l ` Division y, Section 7-701 of the Land Use Code,dated March 12, 19go,and recorded August 21, E� , 19go, in Book 627 at Page 834,as Reception No. 325486• } 1 ,i _1 WARRANTY DEED 114 Neale Avenue Aspen, Pitkin County,Colorado 4. Terms,conditions,provisions,agreements and obligations specified under the Covenant Burdening Real Property dated April 8, 1991, and recorded July 1, 1991, in Book 65o at Page 264,as Reception No. 334i63. 5. Terms,conditions,provisions,agreements and obligations specified under An Ordinance of the City Council,of the City of Aspen, Colorado,Designating 17 Queen Street, a Metes and Bounds Parcel of Land being part of Tract 40,East Aspen Addition to the City of Aspen as"H", Historic Landmark Pursuant to Section 26.76.030 of the Aspen Municipal Code, dated January 13, 1997,and recorded September 3, 1997, as Reception No. 407978. 6. Any and all notes,easements and recitals as disclosed on the recorded Subdivision Exemption Plat for 114 Neale/ 17 Queen Street Lot Split Plat recorded May 29,1998,in Plat Book 45 at Page 17,as Reception No.417433. 7. Terms,conditions,provisions, agreements and obligations specified under the Resolution of the Aspen Historic Preservation Commission Approving an Application for Minor Development to Remodel a Historic House at 114 Neal Avenue, City and Townsite of Aspen, Colorado(Parcel TD# 2737-073-83-001),Resolution No.49,Series of 1999,dated October 27, 1999,and recorded November 12,1999,as Reception No.437688. 8. Terms,conditions,provisions, agreements and obligations specified under An Ordinance of the Aspen City Council Granting Approval for a Subdivision Exemption for an Historic Landmark Lot Split at 114 Neale Avenue/17 Queen Street(Parcel 1,of the Boundary Agreement Plat thereof recorded in Plat Book 13 at Page 35,City of Aspen,County of Pitkin, State of Colorado)Aspen,Colorado,and Declaring an Emergency in Accordance with Section 4.11 of the Aspen City Charter(Ordinance No. 16-Series of 1998), dated May 26, 1998,and recorded February 18, 2000,as Reception No. 440652, 9. Terms, conditions,provisions,agreements and obligations specified under the Resolution of the Aspen Historic Preservation Commission(HPC)Approving an Application for Major Development(Conceptual)and a Variance from the Residential Design Standards for 114 Neale Avenue, Lot 1 of the 114 Neale/17 Queen Street Historic Landmark Lot Split, City and Townsite of Aspen,Colorado(Resolution No. 29,Series of 2006)dated October 25, 2006,and recorded March 15, 2007,as Reception No. 535455. to. Terms,conditions,provisions,agreements and obligations specified under the Resolution of the Aspen Historic Preservation Commission(HPC)Approving an Application for Major Development(Final)for 114 Neale Avenue, Lot 1 of the 114 Neale/17 Queen Street Historic Landmark Lot Split, City and Townsite of Aspen,Colorado(Resolution No. 17,Series of 2007)dated February 28, 2007,and recorded November 11,2011, as Reception No. 584275. Page 2 of 3 WARRANTY DEED 114 Neale Avenue Aspen, Pitkin County, Colorado And the Grantors shall and will WARRANT AND FOREVER DEFEND the above described premises,in the quiet and peaceable possession of the Grantee and the heirs,successors and assigns of the Grantee,against all and every person or persons claiming the whole or any part thereof. IN WITNESS WHEREOF,the Grantors have executed this deed on the date set forth above. — Z--� Bret F. h eny State of Colorado ) )ss. County of Pitkin ) The foregoing Warranty Deed was executed and acknowledged before me this day of September 2012,by Bret F.Thoeny. Witness my hand and official seal. My commission expires: Notary Public i C-� Li a L. Zwahlen State of Colorado ) )ss. County of Pitkin ) The foregoing Warranty Deed was executed and acknowledged before me this day of September 2012,by Lissa L. Zwahlen. Witness my hand and official seal. My commission expires: Notary Public Page 3 of 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 fi State of California fiCounty of Lot, Annele 5 fi On .5wk-, .fit,aoiQ_ before me, Alice quo, Kota-ra y .bti -� date Here Insert Name and Title of the Nicer personally appeared 16ml IF. 1hoeanu )lame(s)of Signer(s) r who proved to me on the basis of satisfactory evidence to be the personK whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sh,,/, ey executed the same in ' fi his/haA4,eir authorized capacity(+es), and that by his/haMfrefr signature(s) on the instrument the ALICE HUA person(s), or the entity upon behalf of which the Commission# 1937304 pers LQ Public Notary Public-California on(sracted, t.executed the instrument. Los Angeles County My Comm.E tre3 May 20 2015 1 certify under PENALTY OF PERJURY under the fifi laws of the State of California that the foregoingI paragraph is true and correct. fi WITNESS my hand and official seal. fi Signature: _- Place Notary Seal Above Signature of Notary Pub!.c OPTIONAL fi Though the information below is not required by late, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: atrrart __:1Qee�c1 Document Date: _Number of Pages: Signer(s)Other Than Named Above: C.issci L. Zwo.11le.r Capacity(ies) Claimed by Signer(s) fi Signer's Name: Signer's Name: F Corporate Officer — Title(s):_-_ ❑Corporate Officer — Title(s): ❑ Individual ❑ Individual ❑ Partner — n Limited 1]General Top of 1hu111h here ❑Partner — U Limited ❑General Top of thumb here I I Attorney in Fact 11 Attorney in Fact r_1 Trustee ❑Trustee ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: U Other: Signer Is Representing:g p g: _ Signer Is Representing: 2010 National Notary Association•NationalNolary.org-1.800-US NOTARY(1.800.876.6827) Item#5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 �C;<:C.�c'.c:C:t�.c:C;c;C`.s;(`�:f`c3C.�:P�':lx;(.��',c;C.c�,c>C.c:lM.e:Cts:O,c;Cc�`.c:C`,c�.c.lx�.t!`.isC.c lit;O,c;C.c:!',c:C,c:C,c;(`,�;C`,�:C•.cftc>c.c:l.c:C`,c;l.c:()c:-O�>C:lc`.c;b,�a<Y State of California fi fi County of Los Arnaetcs fi On s before me, Akkce lAuka Nc+lear�t PLkblt'c �� Oate Here Insert Name and Tdlo of the flicer personally appeared Lis S a L-. Zwah ten Name(s)of Signer(s) who proved to me on the basis of satisfactory fi evidence to be the person(a) whose names) is/are subscribed to the within instrument and acknowledged to me that lie/she/they executed the same in his/her/thdr authorized capacity(ies), and that by ALICE HT AiS/her/their signature(48) on the instrument the Commission# 1937304 person(g), or the entity upon behalf of which the Notary Public-California person(s) acted, executed the instrument. Los Angeles County My Comm.E Ires Ma 2Q,2015 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing fi paragraph is true and correct. fi WITNESS my hand and official seal. Signature: is Place Notary Seal Above Signature of Notary Public X OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. fi Description of Attached Document Title or Type of Document: WaYraAt3u C{ Document Date: _ Number of Pages: Signer(s) Other Than Named Above: E)r'et- F ThneyN Capacity(ies) Claimed by Signer(s) fi Signer's Name: Signer's Name: I I Corporate Officer — Title(s): _ L]Corporate Officer — Title(s): n Individual U Individual • ❑ Partner — U Limited U General Top of thumb here rl Partner — U Limited U General Top of thumb here fiU Attorney in Fact U Attorney in Fact U Trustee U Trustee Guardian or Conservator U Guardian or Conservator ❑ Other: n Other: Signer Is Representing: Signer Is Representing: x;2010 National Notary Association•Nation alNolary.org•1-800-US NOTARY(1-800.876.6827) Item#5907 FORUM PHI - 715 West Main Street,Suite 204 Aspen,Colorado 81611 P'.(970)279-4157 F:(866)770-5585 114 NEALE Don&Ann Short 114 Neale Avenue Aspen,Colorado 81611 -�_ • TRANS 1 HISTORICCAIRH 3DkFT•X BEAM T EMPORARY LOCATIQ�1��_ � (2)S• H BEAM _ 2W1FT \ (4W -CRIBBING -�f 1219'X8-H BEAM r 3WFT \ 1 CONSULTANTS VVVGJJJ _ SURVEYOR Aspen Survey Engineers,Inc. 1. 1 G 210 South Galena Street j t7' �SO.zr zJ- Aspen,CO 81611 (970)925-3816 ��" - _ -\ •'•., aspensurveyom@gmail.com E \ CIVIL Roaring Fork Engineering A PO BOX 1117 - Carbondale,CO 81623 c 1' d i ,`. - _1• __ _ \ `. (970)948-7474 -- Iichardg @rieng.org 3 j I MECHANICAL ----- I — --� R&H Mechanical,LLC 0825A Chambers Avenue Eagle,CO 81631 (970)328-2899 I brentACrandhmechanical.com j I I I STRUCTURAL Evolve Structural Design I I \\ 65 N 4th Street,STE 5 j j \ Carbondale,CO 81623 _-- ---------- \\. (970)818-7708 I \\\ sara@evolvesbuct.com I 1 O\ SONTRACTOR I ve Smith Construction 406L Aspen Airport Business Center \\\ Aspen.C081811 (970)925-1288 - \ Steve @stevesmithconstruction.com 41IW014 DATE OF PUBLICATION 1 \ ' I11 ••` \\ ��'��' \�\ / CD 4115114 HPC SUB AMENDMENT 1115114 CLARIFICATION 11I I - — \� \ CD 9/17/13 PERMIT SET SD 415113 HPC FINAL REVIEW SO 1/9/13 HPC CONCEPT.REV. - I -� ~•�•LINEOF SETBACK ._.- \ "• , PROJECT NO: 1211 \ .�•,��\ ••,� i \ \ DRAWN BY: FAH COPYRIGHT FORUM PHI,LLC - --- `'---�__I PROPERTY LINE,TYp •�� .—. `\\\ \T. SHEET TITLE A-004 TEMPORARY HOUSE RELOCATION PLAN TEMP HOUSE RELOCATION