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Home My WebLink AboutLand Use Case.1423 Crystal Lake Rd.0036.2011.ASLU 40 THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0036.2011.ASLU `1-7,9"1- .� � PARCEL ID NUMBERS PROJECTS ADDRESS CRYSTAL LAKE RD PLANNER JENNIFER PHELAN CASE DESCRIPTION STREAM MARGIN REVIEW EXEMPTION REPRESENTATIVE DAVID DORR DATE OF FINAL ACTION 5.13.12 DATE OF FINAL REFUND/ CASE ABANDONED - PAYMENT CLOSED BY ANGELA SCOREY ON: 10.15.14 ?Ovza� 2-75-7 to-/3 —979 Dd 36 - 2011 AS" File Edit Record Navigate Form Reports Format Tab Help J) jump 1 Fees Fee Summar�r Main Actions j Attachments Routing History Valuation 1 Archf Eng Custom Fields 'Sub Pern its 'Parcels mit type aslu Aspen Land Use Permit# 0036,2011.ASLIJ Address 1423 C:R`rSTAL LAKE RD AptJSuite 0 City A:PE hJ State El Zip 81611 X Permit Information Master permit Routing queue aslu07 0 9 4 Applied 5r`19t1011 0 Project o Status periling Approved De Description APPLICATION FOR A STREAM MARGIN EXEMPTION REVIEW Issued Final Submitted JDAVID DORR 379 7110 Clock Running Days Expires 5113 012 Submitted via C� Owner Last name KRIEGER, First name MICHAEL 34 W DILIDO DR 7 MIAMI BEACH CO 33139 j Phone (9?D)379 110 Address Applicant j]Owner is applicant? Contractor is applicant? Last name MhR First name DAVID DORR 200 E MAIN ST �I Phone (970)379-?110 Cust# 29023 ASPEN CO 81611 Address ItLendername First name hone O Address Displays the permit lender's address AspenGold5 jserver] angelas MMA 1, �3�'12 is$ 11 ar mg�pV ATTACHMENT 2—LAND USE APPLICATION X'� PROJECT: F CITY 01- 'i,'LN R; j'! Name: Location: lz�kc- P� �50b: A 4 (Indicate street address, lot&block number, legal description where appropriate) Parcel ID#(REQUIRED) 2_434 ly/'3 7071 APPLICANT: Name: Z_ Address: V "d Cr )o 11)h o Phone#: /"7 L REPRESENTATIVE: Name: PY V/P PW PIP Address: 2106 �_' Ma Phone#: TYPE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use ❑ GMQS Allotment ❑ Final PUD(&PUD Amendment) ❑ Text/Map Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA ESA–8040 Greenline,Stream ❑ Subdivision Exemption(includes ❑ Final SPA(&SPA Margin,Hallam Lake Bluff, condominiurnization) Amendment) T —unDn View Plane F-1 Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/ Lxpansion ❑ Residential Design Variance ❑ Lot Line Adjustment Other: D Conditional Use ExisTING CONDITIONS: (description of existing_buildings,uses,previous approvals,etc.) PROPOSAL: (description of proposed buildings,uses,modifications,etc.) Have you attached the following? FEES DUE:$ Z Pre-Application Conference Summary Attachment#1,Signed Fec Agreement Response to Attachment 0,Dimensional Requirements Form Response to Attachment#4,Submittal Requirements-Including Written Responses to Review Standards 3-D Model for large project All plans that are larger than 8.5"X I1"must be folded. A disk with an electric copy of all written text (Microsoft Word Format)must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Drew Alexander, 970.429.2739 DATE: 11/4/2010 PROJECT: Aspen Club Condominiums, Unit C-2 REPRESENTATIVE: Greg Gordon, 970-925-1936, ggordon0marfieldhecht.com TYPE OF APPLICATION: Stream Margin Review Exemption DESCRIPTION: The prospective applicant is interested in extending a ground level deck on Unit C-2 towards the Roaring Fork River. The deck, if completed, would match the area covered by an existing second level deck. This would match a precedent created by neighboring townhomes, but it seems that these projects were never subjected to an Environmentally Sensitive Area (ESA) review. The Aspen Club Condominiums are located in the Callahan Subdivision/PUD. Typically, this scope of work would initiate a PUD amendment, either substantial or insubstantial. Given the period of time when the subdivision was created, the original approvals are not telling in regards to dimensional requirements. Staff has reviewed this area and agreed that so long as projects do not increase the gross square footage of the buildings, no PUD amendments will be necessary. This is based upon the original Subdivision Improvements Agreement and the fact that it only discloses a "gross size of buildings" number. The applicant is seeking a Stream Margin exemption. This is an administrative review, handled by the Community Development Director. This pre-application conference summary includes a list of the required information and documents for this review. If the exemption cannot be granted, and the applicant still wishes to continue with the proposal, there shall be a Stream Margin review before the Planning and Zoning Commission. No public notice is required for the request of exemption. Below is a link to the Land Use Application Form for your convenience. http://aspenpitkin com/Portals/0/docs/City/Comdev/Apps%20and%20Fees/landuseappform.pdf Land Use Code Sections) 26.304 Common Development Review Procedures 26.435.040 Environmentally Sensitive Areas—Stream Margin 26.575.020 Calculations and Measurements Follow link below to view the City of Aspen Land Use Code http://aspenpitkin com/Departments/Community-Development/Planning-and-Zonings itle-26- Land-Use-Code/ Review by: - Community Development Staff for Completeness, - Community Development Director for Stream Margin Exemption - Planning and Zoning for stream margin if exemption is denied Public Hearing: No (unless exemption is denied and case goes before the P&Z) Planning Fees: $735.00 for administrative review & three (3) hours of work. Additional time over three (3) hours will be billed at $245 per hour. Referral Fees: None Total Deposit: $735.00 Total Number of Application Copies: 2, including 2 sets of full size plans To apply, submit the following information: Total Deposit for review of application. Pre-application Conference Summary. ® Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. F�< Proof of ownership EX 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. F�!4 A site plan depicting the proposed layout and the project's physical relationship to the land and its surroundings. ® Completed Land Use application Signed fee agreement An 8 1/2" x 11" vicinity map locating the subject parcels within the City of Aspen. 2 copies of the complete application packet and maps. ® A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application, specifically those standards listed in Land Use Code Section 26.435.040.B, Stream Margin Review Exemptions. Applicants are advised that building plans will be required to meet the International Building Code as adopted by the City of Aspen, the Federal Fair Housing Act, and CRS 9.5.112. Please make sure that your application submittal addresses these building- related and accessibility regulations. You may contact the Building Department at 920- 5090 for additional information. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. E E r;�F,If lo' , CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT � 'CiTY [)F �� Amement for Payment of City of Aspen Development Application Fees fY —KT CITY OF ASPEN(hereinafter CITY)and Af17 (hereinafter APPLICANT)AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application forCkcwft (hereinaftc�r,THE PROJECT). 2. APPLICANT understands and agrees that the City of Aspen has an adopted fee structure for Land Use applications and the payment of all processing fees iox condition precedent tox determination o[application completeness. 3. APPLICANT /d CITY agree that because oftile yin:' nature orscope of the proposed puoJrct, it is not puooJh|o at this time 0o uoocrtun the hd| extent of the 000* involved in processing tile application. APPLICANT and CITY further agree that itiuin the interest vf the parties that APPLICANT make payment oyxn initial deposit and to thereafter permit additional costs to be billed to APPLICANT nu u monthly houio. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees ho will 6e benefited hyretaining greater cash liquidity and will make additional payments upon notification by d,* CITY when they are ncu000ury as costs are incurred. CITY ug,ocy it will bo benefited through the greater certainty of recovering its full costs m process APPLICANT'S application. 4. CITY and APPLICANT further uQruo that it is impomtiou6|o for CITY omf[ to complete pmuuouiug or present sufficient information to the Historic Preservation Commission, Planning and Coning Commission and/or City Council to enable the Historic Pmocn/o1ion 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 1odecision. 5. Therefore, APPLICANT agrees that in consideration of the ClTY'o waiver of its right to collect full fees prior to ^ determination of application oomp|moncoo. APPLICANT oho)| pay an initial deposit in the amount o[$_________which ix for___ houmof Community Development nmf7bmc, and if actual recorded costs exceed the initial deposit, &yY�lCA�T 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 6o 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 OFASPEN APPLICANT - -� � By my --� Chris Bvou"n ` Community Development Director mom; B Address �Telephone� » — ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: /Y23 6- l La 1 0- koo-ot Pec lk 8-k d� Applicant: MR K AS�Cn Location: /q23 Crr,tfl Cade / oapt Zone District: - —. Lot Size: Lot Area: (for the purposes of calculating Floor Area,Lot Area may be reduced for areas within the high water mark,easements,and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: Proposed Number of residential units: Existing: Proposed:__ X Number of bedrooms: Existing: Proposed: . Proposed%of demolition(Historic properties only): DIMENSIONS: a+J Floor Area: Existing: Allowable: Proposed: v, <- a Principal bldg. height: Existing. Allowable: Proposed: 36 �- 1 � 4 Access. bldg. height: Existing: Allowable: Proposed: 3 jc- On-Site parking: Existing: Required: Proposed.- % Site coverage: Existing:—Required: Proposed: Q t, %Open Space: Existing: Required: Proposed: Front Setback: Existing: Required.• Proposed• Rear Setback: Existing: Required: Proposed: c3 Combined F/R: Existing: Required.• Proposed:_ Side Setback: Existin g Re aired Proposed: 9 C N-) Side Setback: Existing: Required: Proposed. Combined Sides: Existing: Required: Proposed: Distance Between Existing Required: Proposed: t Buildings L Existing non-conformities or encroachments: : I � Variations requested: I r rr L, & •• J Land Use Application Req :ment#3: Disclosure of Ownership rt fit' Aspen Division stewae 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: 945735 Buyer: Seller: MKR Aspen Investments LLC Property Address: 1423 Crystal Lake Road 2C,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: MKR Aspen Investments LLC LISTING BROKER: SELLING BROKER: John Olson Builder Inc. Attn: David Dorr 200 East Main Street Phone: Aspen,Colorado 81611 Phone: (970)379-7110 (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 �-�Stewart 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: steWc--w title guaranty company ' tiu ASenioLrCh��aj,mL.n aothe Board A ofiW Countersignature Stewart Title �' �'/i �i� �ti. Aspen Division i^ Chairman of the Board 620 East Hopkins Avenue �s Aspen,Colorado 81611 C Phone:970-925-3577 President Fax:970-925-1384 Order Number:945735 ALTA Commitment(6/17/06) COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: April 21,2011,at 7:30 A.M. Order Number: 945735 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: MRK Aspen Investments,LLC,a Colorado limited liability company 5. The land referred to in this Commitment is described as follows: Condominium Unit C-2, Building C 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 995 as Reception No. 317025 COUNTY OF PITKIN, STATE OF COLORADO Purported Address: Statement of Charges: 1423 Crystal Lake Road 2C These charges are due and payable before a Policy can Aspen,Colorado 81611 be issued: Commitment Fee$125.00 Order Number: rt ALTA Commitment ent(6(6/17/06)—Schedule A Y V G� Title Officer:Linda Williams title guaranty company Page 1 of I COMMITMENT FOR TITLE INSURANCE SCHEDULE B—Section 1 REQUIREMENTS Order Number: 945735 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:945735 Sw ' t ALTA Commitment(6/17/06)—Schedule B 1 title guaranty company Page 1 of 1 COMMITMENT FOR TITLE INSURANCE SCHEDULE B—Section 2 EXCEPTIONS Order Number: 945735 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 Number: ent(6 7SteW� ALTA Commitment(6/17/06)—Schedule B 2 Page 1 of 2 title guaranty company 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: r Steal t ALTA Commitment(6(6/17/06)-Schedule B 2 L_. 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 linut 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 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 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., vac Officer,Houston,Texas 77056 Order Number: 945735 DISCLOSURES Order Number:945735 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 WELL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED. Order Number:945735 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. 5-Lewart title uarant 9 Y company P Y 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. .. lip f2rvef5r4E Or 4 =�I 11 a f. rQ` v� y p GfYsEat Lake`Rd Av 74,7' a y� i 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 98 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. Fnd. 1.25'Mite Plastic Cap Exhibit Map N Stamped LS f2?o7 T.B.N.e8006.12 feet High Water Line and Flood Zone ID Pram whence Aspen GPS C-tr"Mch.,18 Bears Aspen Club, Building C, Unit 2 N3'26'15"E a distance of 878.82 feet-This Is not a boundwy survey this tie is subject to change. City of Aspen, Colorado Survey Notes: Survey Date: 10 Nov 2010 This exhibit map has been prepared pursuant to a client request to provide the location of the high water line. identification of the FEMA Flood Zone Designation and a spot elevation relative to the City of Aspen Survey Control. Subject Property: Aspen Club Condominiums, Building C, Unit 2 as depicted in Plat Book 6 at Page 20. e Elevation Datum: 8006.54 feet for the top of a white plastic survey monument stamped e LS12?07 as shown hereon. This elevation has been derived from Aspen GPS Survey Control Monument #18 with a record elevation of 8013.41 feet according to the city map; City of Aspen GPS Control Monumentation rev. 7-13-10. This is not a boundary survev. The orientation of improvements and lot lines are based upon the plat; Condominium Map of The Aspen Club Condominiums as recorded in Plot Book 6 at Page 20 in the Office of the Clerk and Recorder, Pitkin County, and evidence found in the field 8 November 2010- According to the FEMA FIRM 08097CO204 C the flood zone designation for this parcel is "Other Areas Zone X". This parcel is not situated in the 100 year flood plain. Surveyor's Acknowledgement Building C I, Scott Hemmen, being a registered professional land surveyor in the State of Colorado g Unit 2 do hereby acknowledge that this Exhibit Mop was prepared under my direct supervision �r and checking and that this is not on improvement survey or land lot and that it is true and accurate to the best of my knowledge. PO CC�v 'Exhibit D: Distance from High Water Line' o �' Proposed Deck emmen y 10. Expansion HEMMEN °� Ser mat PROFESSIONAL LAND h� SURVEYING, INC. Scale Drawn by: SHEET NUMBER ATM+ 1204 Pitkin Avenue 1"=20' Glenwood Springs, CO 81601 Plot y: Checked Sheet 1 of 1 kb �ryti Phone: (970)274-0280 15Nov10 sah 4 HPLS—Inc.com FILENAME 10-111.001 exhibitsubmit Closest Distance to Closest Distance to Existing Development Proposed Deck v- �e c4 Building C o� Unit 2 F'Exhilbit D: Distance High Water Line' 00 0 ,;m;t Proposed Deck ° 000f ,p.o , s Expansion 9 er)9 et..e ti196 W °tee 4'.)e SL' t � oe°4 Closest Distance to Closest Distance to Existing Development Proposed Deck 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. Exhibit Map Fnd. 1.25" White Plastic Cap N Stamped LS 12?07 High Water Line and Flood Zone ID T.8 M.= feet Unit c� From whence Aspen GPS Control Mon. # 18 Bears Aspen Club Building C V nit 2 N3°26'15"E a distance of 878.82 feet* This is not a boundary survey this tie is subject to change. City of Aspen, Colorado Survey Notes: Survey Date: 10 Nov 2010 This exhibit map has been prepared pursuant to a client request to provide the location of the high water line, identification of the FEMA Flood Zone Designation and a spot ems. elevation relative to the City of Aspen Survey Control. I Subject Property: Aspen Club Condominiums, Building C, Unit 2 as depicted in Plat Book 6 at Page 20. Fa 2°0° Q 6, Elevation Datum: 8006.54 feet for the top of a white plastic survey monument stamped edw LS12?07 as shown hereon. This elevation has been derived from Aspen GPS Survey Q\O� Control Monument #18 with a record elevation of 8013.41 feet according to the city map; City of Aspen GPS Control Monumentation rev. 7-13-10. _& This is not a boundary survey. The orientation of improvements and lot lines are based J1. upon the plat; Condominium Map of The Aspen Club Condominiums as recorded in Plat Book 6 at Page 20 in the Office of the Clerk and Recorder, Pitkin County, and evidence found in the field 8 November 2010. According to the FEMA FIRM 08097CO204 C the flood zone designation for this parcel is "Other Areas Zone X". This parcel is not situated in the 100 year flood plain. ° Surveyor's Acknowledgement Building C I, Scott Hemmen, being a registered professional land surveyor in the State of Colorado ° Unit 2 do hereby acknowledge that this Exhibit Map was prepared under my direct supervision and checking and that this is not an improvement survey or land surve i lot and that it is true and accurate to the best of my knowledge. ; , �p L � N 44/ ° emmen 82 A r°xm°f o 'f HEMMEN �AL iA�O 00 �a.a"' e 9 Sets d� PROFESSIONAL LAND °9 a° SURVEYING, INC. Scale Drawn by: SHEET NUMBER Ni sa wat�� 1204 Pitkin Avenue 1"=20' �e 81601 Glenwood Springs, CO Plot Date Checked by: Sheet 1 of 1 Phone: (970)274-0280 15Nov10 sah ° HPLS—Inc.com FILE NAME 10-111.001 exhibitsubmit