HomeMy WebLinkAboutLand Use Case.1431 Crystal Lake Rd 0037.2011.ASLU 40
THE CITY OF .ASPEN
City of Aspen Community Development Department
CASE NUMBER 0037.2011.ASLU
PARCEL ID NUMBERS 2737 18 1 31 007
PROJECTS ADDRESS 1431 CRYSTAL LAKE RD
PLANNER JENNIFER PHELAN
CASE DESCRIPTION STREAM MARGIN REVIEW
EXEMPTION
REPRESENTATIVE DAVID DORR
DATE OF FINAL ACTION 5.14.12
DATE OF FINAL REFUND/ CASE ABANDONED -
PAYMENT
CLOSED BY ANGELA SCOREY ON: 10.15.14
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Routing Stratus j Fees Fee Summary Main Actions I Attachments Routing History Valuation Archf Eng Custom Fields Sub Permits 4 1
it type aslu Aspen Land Use Permit# 0037.2011.ASLU
.Address 14:31 CRYSTAL LAKE RD Aptf Suite
City PITKIN State CO Zip 99999
mit Information
Master permit Routing queue aslu07 Applied Sf20P?011
Project Status pending Approved
Description STREAM MARGIN REVIEW EXEMPTION Issued
Final
Submitted DAVID DORR 379 7110 Clock Running pays Expires 5114l�01
5ubmitted via
Owner
Last name BASS First name EDWARD P. 200 E MAIN ST
Phone (970)379-711 D Address ASPEN C081611
Applicant
❑Owner is applicant? ❑Contractor is applicant?
Last name JOHN OLSON BUILDER First name
Phone (970)923-42337 Cust# 27602 Address
Lender
Last name First name
Phone ( ) Address
is permit lender's address AspenGold5(server) ange
6V
ATTACHMENT 2—LAND USE APPLICATION
PROJECT:
Name: 1`131 t_'r Sfh( Lake Koal DecC_ Ek anJ,at,,
Location: !`t 31 C rl Spa I Le.kt- ad ' Si b d;'v;
3;6,h: As eve (4 6 004 S 6
Indicate street address,lot&block number,legal description where appropriate)
Parcel ID#(REQUIRED) (3 1064'
APPLICANT: p
Name: Ld 1,10.,d- 1 • 6Ass
Address: ck PkvI d Pb fi- h h �S o>.1 �h<_ .
Phone#: et 4 Q 3 9`l — -4 11
REPRESENTATIVE:
Name: ��V I t7 DpR2 Tv lS 0w?dyer /hC.
Address: t, M't S4. /QS 4-" C 6 11611
Phone#: 3,4,1 `:�11 b
TYPE OF APPLICATION:(please check all that apply):
❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use
❑ GMQS Allotment ❑ Final PUD(&PUD Amendment) ❑ Text/Map Amendment
❑ Special Review ❑ Subdivision ❑ Conceptual SPA
Eg 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 (q Other: 5i t v- 5 "
❑ Conditional Use Re-;c4,
EXISTING CONDITIONS: (description of existing buildings,uses,previous approvals,etc.
, 1
n a1
PROPOSAL: (description of proposed buildings,uses,modifications,etc.
S--2-e- Ct 4-' aC,kept d t a,w ry P6 siuwY e,1C de-(_k
!/ per, os PCck- rVKw,'r ,1
Have you attached the ollowing? FEES DuE:$
Pre-Application Conference Summary
® Attachment#1,Signed Fee Agreement
Response to Attachment#3,Dimensional Requirements Form
Response to Attachment#4,Submittal Requirements-Including Written Responses to Review Standards
❑ 3-1)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 3-1)model. Your pre-application conference summary will indicate if you must submit a 3-1)model.
Y '
J
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMi*,f)'
Aereement for Payment of City of Aspen Development Application Fees r
CITY OF ASPEN(hereinafter CITY)and Ed W"d /' BGI
(hereinafter APPLICANT)AGREE AS FOLLOWS:
1.1 APPLICANT has submitted to CITY an application fo/r� �C
e XS-- yn 110 h T T-Q1m J�I'Q(/Iny� _ 1►1.0U-'Gl;n 1\Q..0 i e,W 4t 1 �Q, x P c�ens i b r\ V� 0- J M4(t
(hereinafter,THE PROJECT). �� 1b 31 CrhSful Lake- Roo-ot
2. APPLICANT understands and agrees that the City of Aspen has an adopted fee structure for Land
Use applications and the payment of all processing fees is a condition precedent to a determination of application
completeness.
3. APPLICANT and CITY agree that because of the size,nature or scope of the proposed project, it
is not possible at this time to ascertain the full extent of the costs involved in processing the application.
APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an
initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis.
APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he
will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the
CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty
of recovering its full costs to process APPLICANT'S application.
4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete
processing or present sufficient information to the Historic Preservation Commission, Planning and Zoning
Commission and/or City Council to enable the Historic Preservation Commission, Planning and Zoning
Commission and/or City Council to make legally required findings for project consideration,unless current billings
are paid in full prior to decision.
5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect
full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the
amount of$ which is for hours of Community Development staff time, and if actual
recorded costs exceed the initial deposit,APPLICANT shall pay additional monthly billings to CITY to reimburse
the CITY for the processing of the application mentioned above,including post approval review at a rate of$245.00
per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date.
APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing,and
in no case will building permits be issued until all costs associated with case processing have been paid.
CITY OF ASPEN APPLICANT
nn PA w b UI.v"iL p—'I
By: By /rte._.--
Chris Bendon
Community Development Director Date:
Billing Address and Telephone Number:
PO 66,X /o JY7
As Qvt Co 161
`97-0 311 - 4110
ATTACHMENT 3
DIMENSIONAL REQUIREMENTS FORM
Project: l q( I Crystal U44- f2 o ag( kec k �k►� u�
Applicant: kE'd,w ara(. P 13 s s
Location: 1q,211 C f:J sf a( Lake. P-od'A �� J
Zone District: Q
Lot Size:
Lot Area: o -�
(for the purposes of calculating Floor Area,Lot Area may be reduced for are s ,',o
within the high water mark, easements,and steep slopes.Please refer to the 14
v
definition of Lot Area in the Municipal Code.) N
Commercial net leasable: Existing: Proposed: -J
Number of residential units: Existing: Proposed.-
Number of bedrooms: Existing: Proposed. j
Proposed%of demolition(Historic properties only):
J
DIMENSIONS:
Floor Area: Existing: Allowable: Proposed: LDS '
Principal bldg. height: Existing: Allowable: Proposed:
Access.bldg. height: Existing: Allowable: Proposed:
On-Site parking: Existing: Required: Proposed: ZZd Q
%Site coverage: Existing: Required: Proposed.
/o Open Space: Existing: Required: Proposed: o
Front Setback: Existing: Required: Proposed: "J _
Rear Setback: Existing: Required: Proposed: d
Combined F/R: Existing: Required: Proposed:
Side Setback: Existing: Required: Proposed: r 0
1-1%0
Side Setback: Existing: Required: Proposed: d
Combined Sides: Existing: Required: Proposed: Q
Distance Between Existing Required: Proposed: �1
Buildings 4 C
(n �
Existing non-conformities or encroachments:
Variations requested:
r�
Land Use Application Requirements tier Stream Margin Exemption
1-7,8, 10, 11, 12,35;Administrative Review; 2 Packets Submitted
1) Land Use Application Form
2) Street Address and Legal Description
3) Disclosure of Ownership
4) Vicinity Map
5) Site Improvement Survey
6) Site Plan
7) Written Description of the Proposal &Criteria for Exemption
8) Existing and Proposed Grades(no changes to grade are proposed)
10) Description of Proposed Construction Techniques
11) 100-year Floodplain
12) Elevations(no changes in elevations proposed)
35) Exterior Lighting(no changes to exterior lighting proposed)
,wart titl� Aspen Division
620 East Hopkins Avenue
View your transaction progress 24/7 via SureClose. Aspen,Colorado 81611
Phone:970-925-3577
Ask us about your login today! Fax:970-925-1384
Date: April 29,2011
Order Number: 945749
Buyer:
Seller: Edward P.Bass
Property Address: 1431 Crystal Lake Road 3D,Aspen,CO 81611
Please direct all Closing inquiries to: Please direct all Title inquiries to:
TITLE ONLY Linda Williams
Phone:970-766-0234 or 866-932-6093
Email Address:lwilliam3 @stewart.com
SELLER:
Edward P.Bass
LISTING BROKER: SELLING BROKER:
John Olson Builder Inc.
Attn: David Dorr
200 East Main Street Phone:
Aspen,Colorado 81611
Phone: (970)923-4233
Email Address: ddorr @johnolsonbuilder.com
- - - - - - - - - - - - - - -
- - - - - - - - - - - - - -
We Appreciate Your Business And Look Forward to Serving You in the Future.
ALTA Commitment(6/17/06)
ALTA Commitment Form
COMMITMENT FOR TITLE INSURANCE
Issued by
t
title guaranty company
Stewart Title Guaranty Company, a Texas Corporation ("Company"), for a 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 B and to the Conditions of this
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.
This commitment shall not be valid or binding until countersigned by a validating officer or authorized
signatory.
IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to
be hereunto affixed by its duly authorized officers on the date shown in Schedule A.
Countersigned: �stewart
title guaranty company
oft a Board
A orized Countersignature Senior Chairman
Stewart Title �0
Aspen Division 5k 9 0 8 og Chairman of the Board
620 East Hopkins Avenues°*°'s P �
Aspen,Colorado 81611 ,
Phone:970-925-3577 President
Fax:970-925-1384
Order Number:945749 ALTA Commitment(6/17/06)
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
1. Effective Date: April 21,2011,at 7:30 A.M. Order Number: 945749
2. Policy or Policies To Be Issued: Amount of Insurance
(a) A.L.T.A. Owner's
(b) A.L.T.A. Loan
3. The estate or interest in the land described or referred to in this Commitment and covered herein is:
Fee Simple
4. Title to the referenced estate or interest in said land is at the effective date hereof vested in:
Edward P. Bass
5. The land referred to in this Commitment is described as follows:
Condominium Unit D-3, Building D,
THE ASPEN CLUB CONDOMINIUMS,
According to the Condominium Map thereof recorded August 17, 1977 in Plat Book 6 at Page 20 as
Reception No. 196748 and Supplemental Map#1 recorded May 4, 199 in Plat Book 22 at Page 49
as Reception No. 311198 and Supplemental Map#2 recorded April 30, 1991 in Plat Book 26 at
Page 26 as Reception No. 332228, and the Amended Plat recorded April 29, 1991 in Plat Book 26
at Page 25 as Reception No. 332206 and as further defined and described in the Condominium
Declaration thereof recorded April 29. 1977 in Book 328 at Page 80 as Reception No. 194019 and
Amendment thereto recorded August 17, 1977 in Book 333 at Page 722 as Reception No. 196747
and amendment recorded November 10, 1989 in Book 606 at Page 99.5 as Reception No. 317025
COUNTY OF PITKIN, STATE OF COLORADO
Purported Address: Statement of Charges:
1431 Crystal Lake Road 3D These charges are due and payable before a Policy can
Aspen,Colorado 81611 be issued:
Commitment Fee$125.00
Order Number:945749
ALTA Commitment(6/17/06)-Schedule A , art
Title Officer:Linda Williams
title guaranty company
Page 1 of 1
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B—Section 1
REQUIREMENTS
Order Number: 945749
The following are the requirements to be complied with:
1. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the
estate or interest to be insured.
2. Proper instrument(s)creating the estate or interest to be insured must be executed and duly filed for
record.
3. NONE AT THIS TIME
NOTE: This product is for informational purposes only. It is not a title insurance product and does
not provide any form of coverage. This product is not a guarantee or assurance, and does not
warrant, or otherwise insure, any condition, fact or circumstance. This product does not obligate
this Company to issue any policies of title insurance for any subsequent transaction based on the
information provided or involving the property described herein. This Company's sole liability for
any error(s) relating to this product is limited to the amount that was paid for this product.
Order Number.945749 ste A c rt
ALTA Commitment(6/17/06)-Schedule B 1 �7 NrY YvY
Page 1 of 1 title guaranty company
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B—Section 2
EXCEPTIONS
Order Number: 945749
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. Any encroachment,encumbrance, violation, variation, or adverse circumstance affecting the
title that would be disclosed by an accurate and complete land survey of the Land and 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 of record for value the estate or interest or mortgage
thereon covered by this commitment.
6. Unpatented mining claims,reservations or exceptions in patents,or in acts authorizing the
issuance thereof.
7. Water rights,claims or title to water.
8. Any and all unpaid taxes and assessments and unredeemed tax sales.
9. Any and all unpaid taxes and assessments and unredeemed tax sales.
10. Any vein or lode of quartz or other rock in place bearing gold, silver cinnabar, lad, tin, copper, or
other valuable deposits claimed or known to exist on March 23, 1885 and right of the proprietor of
a vein or lode of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, copper, or
other valuable deposits for the purpose of extracting and removing the ore therefrom from such
should the same be found to penetrate or intersect the premises, all as reserved in Patent recorded
June 17, 1949 in Book 175 at Page 246.
11. Agreement for Easement recorded September 25, 1975 in Book 303 at Page 452 as Reception No.
178013 and Supplementary Agreement recorded July 29, 1977 in Book 332 at Page 540 as
Reception No. 196193.
Order
LTA C Number:mi Commitment 749 �stev �Y t
ALTA Commitment(6/17/06)-Schedule B 2 title guaranty company
Page 1 of 2 9 �
12. Subdivision and Planned Unit Development Agreement recorded May 19, 1976 in Book 312 at
Page 110 as Reception No. 183890.
13. Easement Agreement recorded May 19, 1976 in Book 312 at Page 158 as Reception No. 183910
and Mutual Indemnity Agreement recorded May 19, 1976 in Book 312 at Page 165 as Reception
No. 183911.
14. Transferable easement reserved by Andrew V. Hecht, Trustee in Deed recorded May 19, 1976 in
Book 312 at Page 186 as Reception No. 183915 and described in Deed recorded May 19, 1976 in
Book 312 at Page 188 as Reception No. 183916 and subsequent conveyance recorded August 17,
1977 in Book 333 at Page 730 , Reciprocal Easement Grant recorded May 19, 1976 in Book 312 at
Page 196 as Reception No. 183919.
15. All matters shown on the Plat of Callahan Subdivision and the amended plats thereof recorded
May 19 1976 in Plat Book 5 at Page 7 and recorded August 17, 1977 in Plat Book 6 at Page 16.
16. Condominium Declaration record recorded April 29. 1977 in Book 328 at Page 80 as Reception
No. 194019 and Amendment thereto recorded August 17, 1977 in Book 333 at Page 722 as
Reception No. 196747 and amendment recorded November 10, 1989 in Book 606 at Page 995 as
Reception No. 317025.
17. All matters shown on the Map for Aspen Club Condominiums recorded August 17, 1977 in Plat
Book 6 at Page 20 as Reception No. 196748 and Supplemental Map#1 recorded May 4, 1999 in
Plat Book 22 at Page 49 as Reception No. 311198 and Supplemental Map#2 recorded April 30,
1991 in Plat Book 26 at Page 26 as Reception No. 332228, and the Amended Plat recorded April
29, 1991 in Plat Book 26 at Page 25 as Reception No. 332206
18. Shared Expense Agreement for Callahan Subdivision Roads and Pond recorded August 28, 1992
in Book 687 at Page 365 as Reception No. 348146 and Modification thereto recorded August 28,
1992 in Book 687 at Page 409 as Reception No. 348147 and recorded January 25, 1993 in Book
701 at Page 741 as Reception No. 353272, Second Amendment recorded August 5, 2002 as
Reception No. 470608.
Order Number.945749 st Y w/�YQ,�/fit
ALTA Commitment(6/17/06)—Schedule B 2
Page 2 of 2 title guaranty company
STG Privacy Notice 1 (Rev 01/26/09) Stewart Title Companies
WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION?
` Federal and applicable state law and regulations give consumers the right to limit some but not all sharing.Federal and applicable state law _
regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to '
understand how we use your personal information.This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and
its affiliates(the Stewart Title Companies),pursuant to Title V of the Gramm-Leach-Bliley Act(GLBA).
The types of personal information we collect and share depend on the product or service that you have sought through us. This
information can include social security numbers and driver's license number.
All financial companies, such as the Stewart Title Companies, need to share customers'personal information to run their everyday
business—to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share
customers'personal information the reasons that we choose to share;and whether you can limit this sharing.
Reasons we can share your personal information Do we share? Can you limit this sharing?
For our everyday business purposes—to process your transactions and maintain
your account.This may include running the business and managing customer Yes No
accounts,such as processing transactions,mailing,and auditing services,and
responding to court orders and legal investigations.
For our marketing purposes—to offer our products and services to you. Yes No
1 For joint marketing with other financial companies No We don't share
For our affiliates'everyday business purposes—information about your
transactions and experiences.Affiliates are companies related by common
I ownership or control.They can be financial and nonfinancial companies. Our Yes No
affiliates may include companies with a Stewart name;financial companies, such
as Stewart Title Company
For our affiliates'everyday business purposes—information about your No We don't share
creditworthiness. - -_
For our affiliates to market to you Yes No
--------- __.__-._
For non-affiliates to market to you.Non-affiliates are companies not related by No We don't share
common ownership or control.They can be financial and nonfinancial companies.
----____. ___._ --.-----_---._-- - ____-. -_-.____ __- -_--- _. ___ _____ _ _--
We may disclose your personal information to our affiliates or to non-affiliates as permitted by law.If you request a transaction with a
non-affiliate,such as a third party insurance company,we will disclose your personal information to that non-affiliate. [We do not
control their subsequent use of information,and suggest you refer to their privacy notices.]
Sharing practices
How often do the Stewart Title Companies We must notify you about our sharing practices when you request a transaction.
notify me about their practices?
How do the Stewart Title Companies To protect your personal information from unauthorized access and use,we use security
protect my personal information? measures that comply with federal and state law. These measures include computer,
file,and building safeguards.
How do the Stewart Title Companies We collect your personal information,for example,when you
collect my personal information? • request insurance-related services
• provide such information to us
We also collect your personal information from others,such as the real estate agent or
lender involved in your transaction, credit reporting agencies, affiliates or other
companies.
What sharing can I limit? Although federal and state law give you the right to limit sharing (e.g., opt out) in
certain instances,we do not share your personal information in those instances.
Contact Us If you have any questions about this privacy notice,please contact us at:Stewart Title Guaranty Company,1980 Post Oak Blvd.,
Privacy Officer,Houston,Texas 77056
Order Number 945749
DISCLOSURES
Order Number:945749
Note:Pursuant to C.R.S. 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. 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: Colorado Division of Insurance Regulations 3-5-1, Subparagraph(7) (E)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 Stewart Title 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
Lender's Title Policy when issued.
Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception
No.4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued)upon compliance with the
following conditions:
A. The land described in Schedule A of this commitment must be a single-family residence,which includes a
condominium or townhouse unit.
B. No labor or materials have been furnished by mechanics or materialmen 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 unfiled mechanic's
and Materialmen's Liens.
D. The Company must receive payment of the appropriate premium.
E. If there has been construction,improvements or major repairs undertaken on the property to be purchased,
within six months prior to the Date of the Commitment, the requirements to obtain coverage for
unrecorded liens will include: disclosure of certain 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 after an
examination of the aforesaid information by the Company.
No coverage will be given under any circumstances for labor or material for which the insured has contracted for or
agreed to pay.
Note:Pursuant to C.R.S. 10-11-123,notice is hereby given:
A. That there is recorded evidence that a mineral estate has been severed,leased or otherwise conveyed from the
surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas,
other minerals,or geothermal energy in the property;and
B. That such mineral estate may include the right to enter and use the property without the surface owner's
permission.
This notice applies to owner's policy commitments containing a mineral severance instrument exception,or exceptions,
in Schedule B,Section 2.
NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE
ANY OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY
SATISFIED.
Order Number:945749
Disclosures
Stewart Title
DISCLOSURE
The title company, Stewart Title in its capacity as escrow agent, has been authorized to
receive funds and disburse them when all funds received are either: (a) available for
immediate withdrawal as a matter of right from the financial institution in which the
funds are deposited, or(b) are available for immediate withdrawal as a consequence of an
agreement of a financial institution in which the funds are to be deposited or a financial
institution upon which the funds are to be drawn.
The title company is disclosing to you that the financial institution may provide the title
company with computer accounting or auditing services, or other bank services, either
directly or through a separate entity which may or may not be affiliated with the title
company. This separate entity may charge the financial institution reasonable and proper
compensation for these services and retain any profits there from.
The title company may also receive benefits from the financial institution in the form of
advantageous interest rates on loans, sometimes referred to as preferred rate loan
programs, relating to loans the title company has with the financial institution. The title
company shall not be liable for any interest or other charges on the earnest money and
shall be under no duty to invest or reinvest funds held by it at any time. In the event that
the parties to this transaction have agreed to have interest on earnest money deposit
transferred to a fund established for the purpose of providing affordable housing to
Colorado residents, then the earnest money shall remain in an account designated for such
purpose, and the interest money shall be delivered to the title company at closing.
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 acquired 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 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.
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://www.alta.org.
ewart
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All notices required to be given the Company and any statement in writing required to be furnished the Company shall be
addressed to it at P.O.Box 2029,Houston,Texas 77252.
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Land Use Application
Requirement#7:Written Description of the Proposal
The purpose of this written description is to outline the proposed development's conformity to the requirements for
exemption from Stream Margin Review under Number 3 of Subsection B of Section 26.435.040 of the City of Aspen Land
Use Code.These requirements are included for reference here:
From the City of Aspen Land Use Code:"Sec.26.435.040.Stream margin review."
3. The expansion,remodeling or reconstruction of an existing development provided the following standards
are met:
a. The development does not add more than ten percent(10%)to the floor area of the existing
structure or increase the amount of building area exempt from floor area
calculations by more than twenty-five percent(25%).All stream margin exemptions
are cumulative.Once a development reaches these totals,a stream margin review
by the Planning and Zoning Commission is required,and
b. The development does not require the removal of any tree for which a permit would be
required pursuant to Chapter 13.20 of this Code.
c. The development is located such that no portion of the expansion,remodeling or
reconstruction will be any closer to the high water line than is the existing
development,•
d. The development does not fall outside of an approved building envelope if one has been
designated through a prior review;
e. The expansion,remodeling or reconstruction will cause no increase to the amount of ground
coverage of structures within the 100-year floodplain.
For each of the five (a,b,c,d, &e) requirements, an explanation is provided:
a. "Floor Area" is not addressed by the Subdivision Improvements Agreement, nor by any Planned Unit
Development documents for the Aspen Club Condominiums (which is the PUD in which the subject property,
Unit 2-C, is a condomium). However,the Subdivision Improvements Agreement does address"gross size of
buildings".Whereas the development contemplated under this Land Use Application consists solely of the
expansion of an exterior deck,the"gross size of buildings"will remain unchanged. (The proposed deck area
measures approximately 50 square feet; and according to a site plan takeoff,we believe there to be more than
8000 square feet of decks in the PUD.)
b. The development does not require the removal of, nor does it encroach upon any tree for which a permit would
be required pursuant to Chapter 13.20 of the Municipal Code.
c. The proposed development is not any closer to the"high water line"than is the existing development. See
'Exhibit D: "Development Distance from High Water Line"'.
d. No building envelope has been designated through prior reviews. However, 'Exhibit C: "Exhibit Map, High Water
Line and Flood Zone ID"' may be referenced for relative locations of Building Set-Backs.The proposed deck
expansion will not add deck area in any area which is further from buildings or structures than do existing decks
in the immediate vicinity.
e. As noted in the"Survey Notes" from 'Exhibit C: "Exhibit Map, High Water Line and Flood Zone ID"',this parcel is
not situated in the 100 year flood plain.
Land Use Application
Requirement#8: Existing and Proposed Grades
No changes are proposed to grades. Existing grades will remain as-is.
Land Use Application
Requirement#10: Description of Proposed Construction Technique
The proposed expanded deck would use the same means and methods employed on the existing decks at the Aspen
Club Condominiums, which is typical residential deck construction.This type of construction consists of structural wood
framing over a small concrete pier/sonotube foundation.
Land Use Application
Requirement#11: 100-year Floodplain
The Exhibit Map included herein shows that the parcel on which the proposed development would occur is outside of
the 100-year floodplain area.
Land Use Application
Requirement#12: Elevations
The elevation of the proposed deck area is the same as the existing deck. No changes are proposed to the elevations of
any structure or of any grade.
Land Use Application
Requirement#35: Exterior Lighting
No new lighting and no changes to existing lighting are proposed.
stryter I
Aspen CIU6
Condominiums
UNIT 01431
A S P E N
C O L O R A D O
WEW UPPER DECK HANORK11 AT DECK
MEHEL VROFALL� DATE ISSUE
STRIPS PEVDNG
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2 1 PROPOSED SOUTH HE I 7PROPOSED DECK PLAN , a~�
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OPTION 1
PROPOSED
DECK RAILING
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Aspen Club
Condominiums
UNIT $11431
A S F E N
C O L O R A D O
UNIT 7:1431 DATE ISSUE
Level-112
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UNIT#1431
Level 0
II
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100'-0" I -- VARIES 97-.0"l0 96'-10
6RATy 1 T.C.UPPER I -- TO.LOWER. /
_.._—._ DECK ._._ DECK.
-- / WOOD CASED
METAL FLANGES
WOOD PAIL
/L - ------ --- — \. DASHED LINE OF
XSTRUCTURE BELOW
WOOD DECK
27'-112" SHEE*M E�
EXISTING DECK
UNIT#1431
EXISTING DECK UNIT #1431
�2SCALE:V4" = 1'-0"
0 T 4-
A-101
Closest Distan-I! 56 pp s dft Addition to Lower Deck:
q
,Line from, High Wa
to Existin '
a
e vet epmen t a
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Found 60d nail w/ bl e
and orange flagging
Closest Distance
Exhibit D :
f Water
Distance from
Line to Proposed
High Water Line