HomeMy WebLinkAboutLand Use Case.512 Spruce St.0030.2013.ASLU THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER 0030.2013.ASLU
PARCEL ID NUMBERS 2737-07-4-10-015
PROJECTS ADDRESS 512 SPRUCE ST
PLANNER SARA ADAMS
CASE DESCRIPTION RESIDENTIAL DESIGN VARIANCE
REPRESENTATIVE ROWLAND AND BROUGHTON
DATE OF FINAL ACTION 04/31/2014
CLOSED BY ANGELA SCOREY ON: 3.19.15
ATTACHMENT 2-LAND USE APPLICATION
PROJECT:
:
Name: C ( Sr
Location: X12 r'x2_ cr �1JCo
(Indicate st eet address, lot&block number, e al descri tion where appropriate)
Parcel I D#(REQUIRED) b �
APPLICANT:
Name: 0PC.,VQ,-
Address: S 12 r E- 2.r t C_ I
Phone#: (910 3-7 -9 V32—
REPRESENTATIVE:
32—
REPRESENTATIVE:
Name: lbv,� ctr)CA rb v 1 t – o,�n
Address: 2 E . o n S r1 �S lfl 1
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; condominiumization) Amendment)
Mountain View Plane
❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/
Expansion
[� Residential Design Variance ❑ Lot Line Adjustment ❑ Other:
❑ Conditional Use
ExIS"PING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.)
A 4-v oo St%M res\A o rico n,
V1 - C �(Yl0 t Sett
PROPOSAL: (description of proposed buildings. uses, modifications, etc.)
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Y\,4_ � A-� r,C,l o \%c. V e s t CL 9_n eL2
Ha ye you attached the following? FEES DUE: S ( )S0
[ Pre-Application Conference Summary
_Attachment#l.._Signed_Fee_Agreeinent
^[ esponse to Attachment#3, Dimensional Requirements Form
Q 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 11" must be folded. A disk with an electric copy of all written text
(Microsoft Word Format)must be submitted as part of the application. Large scale projects should include an
electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model.
ATTACHMENT 3
DIMENSIONAL REQUIREMENTS FORM
Project: a x&V e/ 12�S,d.Qne�L
Applicant: Mp,�k
Location:
Zone District: n4-tc-ll
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: 1 Proposed: 1
Number of bedrooms: Existing: 2 Proposed: �-
Proposed %of demolition (Historic properties only): —
DIMENSIONS:
Floor Area: Existing: 23 Allowable: 3-70O Proposed:-7+ SF
Principal bldg. height: Existing: L,. Allotiwible:DS=e�', Proposed.—
Access. bldg. height: Existing: N//�__Alloivable: IS ,ems Proposed: N�A
On-Site parking: Exisling: Required: 1 Propos•ed�
% Site coverage: Exisling:_Nll-
N--Required: Proposed:
% Open Space: Existing. iJ Required: N/A _Proposed.-
Front Setback: Existing: Required: I O' Proposed: 22'
Rear Setback: Existing. l S' Required: l C) Proposed: "
Combined F/R: Exisving: 4(.o' Reyuh•ed: Proposed:
( --OSide Setback: Existing: dRequired: S' Proposed: -,(2
(S)Side Setback: Existing. Required: IS' Proposed: 2-"
Combined Sides: Existing: Required: gyp' Proposed: 2,3'
Distance Between ExisringReyzrired: NA Proposed:_bsVA
Buildings L
Existing non-conformities or encroachments: mss{-tom ��c�1r� St 0�
Variations requested: ko • G• 2-6
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17 May 2013 S
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Sara Adams ° °
City of Aspen Community Development N
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130 S. Galena Street
Aspen, CO 81611 °o CO°
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Re: Cleaver Residence—Residential Design Standards Variance o
Dear Sara, a W
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Rowland + Broughton Architecture and Urban Design is representing the homeowner of 512 Spruce C A
Street in seeking a Residential Design Standards Variance. E;W
O W Y
512 Spruce Street is a corner lot at Spruce Street and Park Circle. The current house has been
added onto over the years and is out of compliance to code and zoning in many ways. Please note w o
that the current house is well within the northern side yard setback protruding over the property line! o A
The owner seeks to demolish the existing house and build a smaller, more energy efficient house in qD A
its place. The proposed house is a modern farm house in form. W
We have worked with Community Development and the Engineering Department in determining the
lot parameters. The City has determined that Spruce Street is the front lot for this parcel. Park Circle
is the longer southern orientation and the existing curb cut for the driveway and garage will remain on
Park Circle. The lot has multiple mature existing trees along the southern portion providing good
screening from Park Circle and solar relief.
The review standards relevant to this application are the Residential Design Standards portion of the
Land Use Code Title 26 Aspen Municipal Code, Chapter 26.410. We are seeking an administrative
variance for one item in the Residential Design Standards. We comply with all other applicable
Residential Design Standards. Specifically for our variance application, the following item applies:
Administrative Variance:
1. 26.410.040.C.2.b- The front fagade of the garage or the front-most supporting column of a
carport shall be set back at least ten (10) feet further from the street than the front-most wall of
the house.
a. Please reference the attached photos of the neighboring context. This part of Aspen has a
broad variety of development pattern. The streets are not on a grid and instead are
curvilinear, presumably laid out with the topography. The neighborhood consists of single
family homes, duplexes, manufactured homes, planned unit developments and multifamily
condominiums. There are few alleys in the neighborhood. The neighborhood has a variety of
garage locations or lack of garages. The majority of garages are aligned with the front facade
of the house or in front of the front fagade (including new development on Walnut Street).
Page 1 of 2
rowland+broughton
architecture and urban design
b. The proposed house is compact and is oriented to the north of the lot. The front door faces
Spruce Street and aligns with the orientation of other front doors along the street. The siting
of the house has been done to preserve as much of the existing landscape and trees to the
south as possible. The house is as close as possible to the northern setback and as close as
possible to the drip line of the trees to the south.
c. The current garage protrudes farther towards Park Circle than the side of the house. The
proposed plan seeks to makes this condition better.
d. The proposed garage location matches the pattern of development in the area. Many of the
adjacent homes do not recess garages behind the front most portions of the house.
e. The proposed design includes an area to be able to turn around off of the driveway so that
drivers can avoid backing into Park Circle.
Thank you for the opportunity to present this project and we welcome any conversation or questions
regarding this application.
Best regards,
Sarah Broughton, AIA
Page 2 of 2
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WALNUT STREET- NEW CONSTRUCTION W/GARAGE PROJECTING PAST FRONT SPRUCE STREET (EAST) - NO GARAGE, CARS PARKED IN FRONT OF THE HOUSE
FACADE OF HOUSE
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WALNUT STREET- NEW CONSTRUCTION W/GARAGE PROJECTING PAST FRONT I SPRUCE STREET(EAST)- NO GARAGE, CARS AND CAMPER PARKED IN FRONT
FACADE OF HOUSE OF THE HOUSE
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LICE PROPERTY-VIEW FROM PARK CIRCLE, CURRENT GARAGE
�TS PAST FRONT FACADE OF HOUSE
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THE AREA SOUTH OF PARK CIRCLE CONSISTS OF MANUFACTURED HOMES WHERE THE GARAGES ARE LOCATED ON THE FRONT FACADE OF THE HOUSE
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Agreement to Pay Applicata®n Fees
Anagreement between the City of Aspen("Ci!y")and
Property Phone No.: (111 0) 2,j7 2 32-
Owner("["):
2Owner("1"): �V`n S}-�,,� �°�r, .�l Email: O—V\nr t-i vi .c llzav�
�ccx�cr�st. rpt
Address of 512 Spruce Street Billing Sl 2_ S�rvc2.s1-re-Q-4-
Property: Address:
(subject of (send bills here)
application)
I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications
and the payment of these fees is a condition precedent to determining application completeness. I understand
that as the property owner that 1 am responsible for paying all fees for this development application.
For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these
flat fees are non-refundable.
$0 flat fee for Select Dept o v Select Dept
$, flat fee for_
flat fee for Select Dept $0 flat fee for Select Review
For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed
project, it is not possible at this time to know the full extent or total costs involved in processing the application. I
understand that additional costs over and above the deposit may accrue. I understand and agree that it is
impracticable for City staff to complete processing, review, and presentation of sufficient information to enable
legally required findings to be made for project consideration, unless invoices are paid in full.
The City and I understand and agree that invoices mailed by the City to the above listed billing address and not
returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30
days of presentation of an invoice by the City for-such services.
I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment.
I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment
of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs
exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the
processing of my application at the hourly rates hereinafter stated.
$ 650 deposit for 2 hours of Community Development Department staff time. Additional time
above the deposit amount will be billed at$325 per hour.
$ deposit for 0 hours of Engineering Department staff time. Additional time above the deposit
amount will be billed at$265 per hour.
City of Aspen: Property Owner:
Chris-Bendon
Community Development Director Nam ,
Clty use: 650 Title:
Fees Due:$ Received:$
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DEPARTMENTCOMMUNITY DEVELOPMENT
Agreement to Pay Application Fees
Anagreement between the City of Aspen "Ci and RElill""civicrh
Property Phone No.:
Owner("I"): Email:
Address of 512 Spruce Street Billing ��
Property: Address: COM�R�' irASPEN
(subject of (send bills here) 1'DEVELOPMENT
application)
I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications
and the payment of these fees is a condition precedent to determining application completeness. I understand
that as the property owner that I am responsible for paying all fees for this development application.
For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these
flat fees are non-refundable.
0Select Dept 0 Select Dept
$, flat fee for $ a flat fee for_
$0 Elflat fee for Select Dept $0 Elflat fee for Select Review
For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed
project, it is not possible at this time to know the full extent or total costs involved in processing the application. I
understand that additional costs over and above the deposit may accrue. I understand and agree that it is
impracticable for City staff to complete processing, review, and presentation of sufficient information to enable
legally required findings to be made for project consideration, unless invoices are paid in full.
The City and I understand and agree that invoices mailed by the City to the above listed billing address and not
returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30
days of presentation of an invoice by the City for such services.
I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment.
I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment
of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs
exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the
processing of my application at the hourly rates hereinafter stated.
$ 650 deposit for 2 hours of Community Development Department staff time. Additional time
above the deposit amount will be billed at$325 per hour.
$ deposit for 0 hours of Engineering Department staff time. Additional time above the deposit
amount will be billed at$265 per hour.
City of Aspen: Property Owner:
Chris Bendon
Community Development Director Nam
City use: 650 Title:
Fees Due:$ Received:$
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Project: 512 Spruce Street, Parcel # 273707410015 I
Subject: Administrative Residential Design Variance o o
Date: 20 May 2013 CO
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To: Sara Adams N
From: Marina Skiles
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Attachments: See Below s o
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If you do not receive all attachments listed above please call immediately. o W
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Attachments: W
CVti W
• Pre-application Summary 5.14.2013
• Land Use Application, signed fee agreement, representative authorization letter
• Street address and legal description — Ref. Site Improvement Survey & Site Plan
• Disclosure of ownership — Ref. Commitment for Title Insurance
• (2) 8 '/Z"x11" Vicinity maps
• (2) Site improvement surveys
• (2) Site plans
• (2) Written descriptions of the proposal & supporting images
• (2) Proposed elevations
• (2) Roof plans
• (2) Photographic panoramas
Page 1 of 1
CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
PLANNER: Sara Adams, 429-2778 DATE: 5/14/2013
PROJECT: 512 Spruce Street
REPRESENTATIVE: Marina Skiles, Rowland + Broughton Architecture and Planning
REQUEST: Residential Design Standard (RDS) Variance
DESCRIPTION:
Thea applicant requests administrative residential design variances for garage. The property is
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being redeveloped with a new single family residence. There is no alley access. According to the
applicant, the Engineering Department affirmed that location of the existing curb cut on Park may
remain.
The variance requests relate to garage placement and Section 26.410.040.C.2.b, which requires that
garages accessed from a public road must be recessed at least 10' behind the front most portion of
living area along that facade.
Staff will accept an application for administrative review. The following two criteria are used in
determining the appropriateness of a variance:
a. Provide an appropriate design or pattern of development considering the context in which the
development is proposed and the purpose of the particular standard. In evaluating the context
as it is used in the criteria, the reviewing board may consider the relationship of the proposed
development with adjacent structures, the immediate neighborhood setting or a broader vicinity
as the board feels is necessary to determine if the exception is warranted, or
b. Be clearly necessary for reasons of fairness related to unusual site-specific constraints.
If staff cannot support administrative approval, application can be made to the Planning and
Zoning Commission.
Below are links to the Land Use Application form and Land Use Code for your convenience:
Land Use App:
http://www.aspenpitkin.com/Departments/Community-Development/Planning-and-
Zoning/Applications-and-Fees/
Land Use Code:
http://www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zoning/Title-26-
Land-Use-Code/
Relevant Land Use Code Section(s):
26.306 Common Development Review Procedures
26.410 Residential Design Standards
Review by: Community Development for determination.
512 Spruce St.
Residential Design Standards Variance
Public Hearing: Not required
Planning Fees: $650 flat fee for two (2) hours of work. If the application is required to go to the
Planning and Zoning Commission for review, all time beyond two (2) hours of work will be billed at
$325 an hour.
To apply, submit the following information:
❑ Completed Land Use Application and signed fee agreement.
❑ Pre-application Conference Summary.
❑ 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.
❑ Total deposit for review of the application.
❑ A written description of the proposal and an explanation in written, graphic, or model form of
how the proposed development complies with the review standards relevant to the
development application.
❑ 2 Copies of the complete application packet and, if applicable, associated drawings.
❑ An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen.
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.
n
-owland+broughtvn
20 May 2013 '
City at Ash Community Oevelapment
130 S. Galena Street
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: Cleaver Residonce—Applicant Representatift-Au'1horixatlOO utter
To whom it niay concem,
I authorize Rowland + oug.hton Architecture to repent me in seeking a Resideintial Design
Standards Variance for 512:Spruce Street.
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regards,
1fistin Clear CD
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stewart title"
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Date: May 16, 2013
File Number: 01330-25552
Buyer: T B D
Seller: Christin Clark Cleaver
Property: 512 Spruce Street, Aspen, CO 81611
Please direct all Title inquiries to:
Linda Williams
Phone: (970) 766-0234
Email Address: Iwilliam3@stewart.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 affixed by its duly
authorized officers on the date shown in Schedule A.
Countersigned by:
stewaft
title guaranty company
GU Matt Morris
A oriudCountersignatureNPresident and CEO
LEGO, -�
Stewart Title4opPOg4�'9y`
97 Main Street, Suite W201
Edwards, CO 81632 1908
TEXAS
Denise C rraux
Secretary
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. nnt[FtCAN
All other uses are prohibited. Reprinted under license from the American Land Title Association. °~a-t-t U-1
A W W1 At I'M
File No.01330-25552
004-UN ALTA Commitment(6/17/06)
0 •
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.
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 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.a1ta.QLg1>.
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.
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. n1-1[R LcAN
All other uses are prohibited. Reprinted under license from the American Land Title Association. %eN a`r 1 U'
n1+nuanoN
File No.01330-25552 R
004-UN ALTA Commitment(6/17/06)
• •
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
File No.: 01330-25552
1. Effective Date: April 29, 2013 at 8:00 A.M.
2. Policy or Policies to be issued: Amount of Insurance
(a)A.L.T.A. Owner's Policy 2006 (Standard)
Proposed Insured:
TBD
(b)A.L.T.A. Loan Policy
Proposed Insured:
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 said estate or interest in said land is at the effective date hereof vested in:
Christin Clark Cleaver
5. The land referred to in this Commitment is described as follows:
Lots 7 and 8 and the Northerly 28 feet of Lot 9,
Block 10,
WILLIAMS ADDITION TO THE CITY AND TOWNSITE OF ASPEN,
COUNTY OF PITKIN, STATE OF COLORADO.
Purported Address: STATEMENT OF CHARGES
512 Spruce Street These charges are due and payable
Aspen, CO 81611 before a policy can be issued
TITLE COMMITMENT FEE $100.00
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. +Mr:RICAN
All other uses arerohibited. Reprinted under license from the American Land Title Association. LA-117IT Lt
P P aKKuiw.
File No.01 33 0-2 5552 Page 1 of 1 STEWART TITLE
CO STG ALTA Commitment Sch A STO GUARANTY COMPANY
COOITMENT FOR TITLE INSURANCE*
SCHEDULE B
PARTI
File No.: 01330-25552
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.
4. NONE AT THIS TIME
5.
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.
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. AMIAI AN
All other uses arerohibited, Reprinted under license from the American Land Title Association. MA1r 14V"P P •.wrcHaw
File No.01330-25552 Page 1 of 1 STEWART TITLE
CO STG ALTA Commitment Sch B I GUARANTY COMPANY
COM1C1fITMENT FOR TITLE INSURANCE
SCHEDULE B
PART II
File No.: 01330-25552
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. 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 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. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the
issuance thereof; (c) Minerals of whatsoever kind, subsurface and surface substances, in, on, under and
that may be produced from the Land, together with all rights, privileges, and immunities relating thereto,
whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records or listed in
Schedule B.
7. Water rights, claims or title to water.
8. Any and all unpaid taxes and assessments and any unredeemed tax sales.
9. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other
district or inclusion in any water service or street improvement area.
10. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to
penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded December 24,
1902 in Book 55 at Page 116 as Reception No. 67875.
11. Ordinance No. 57 (Series of 1988)An Ordinance Annexing Territory to the City of Aspen as Referred to and
Described in that Petition for Annexation of Territory to the City of Aspen Certified by the City Clerk on July 28,
1986, Commonly Known as the "Williams Addition"as set forth in instrument recorded February 6, 1989 in Book
585 at Page 330 as Reception No. 308587.
12. Ordinance No. 12 (Series of 1989)An Ordinance Zoning an Area of Land Known as the Williams Addition
Annexation Area Generally Located Northwest of Park Circle, the City of Aspen, Pitkin County, Colorado to R-6,
as set forth in instrument recorded January 10, 1990 in Book 611 at Page 602 as Reception No. 318970.
13. Williams Ranch-City of Aspen Annexation Agreement as set forth in instrument recorded May 9, 1995 in Book
780 at Page 370 as Reception No. 381193.
14. Easements, rights of way and other matters as shown and contained on Williams Addition Annexation Plat
recorded February 6, 1989 in Plat Book 22 at Page 15 as Reception No. 308586.
Copyright 2006-2009 American Land Title Association. All rights reserved. Ili
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. AMIAWAN
All other uses are prohibited. Reprinted under license from the American Land Title Association. c,In'4TR
File No.01330-25552 Page 1 of 2 STEWART TITLE
CO STG ALTA Commitment Sch B 11 STO GUARANTY COMPANY a
COMITMENT FOR TITLE INSURANCE
SCHEDULE B
PART II
15. Resolution No. 99-27 of the Aspen Planning and Zoning Commission, recommending City Council approve a
substantial amendment to the Williams Ranch Planned Unit Development approvals granted pursuant to
Ordinance 52, Series of 1994, recorded February 11, 2000 as Reception No. 440391.
16. House Encroachment as shown on Survey by Aspen Survey Engineers, Inc., recorded September 22, 1999 in Plat
Book S003 at Page 91 as Reception No. S000274. and as shown on the Quit Claim Deed recorded April 30, 2004
as Reception No. 497026
17. PUD Agreement recorded November 13, 2000 as Reception No. 448750.
18. A Deed of Trust executed by Christin Clark Cleaver, to the Public Trustee, to secure an indebtedness of
$1,000,000.00 in favor of The Laird C. Cleaver Issue Trust recorded April 30, 2004 as Reception No. 497027.
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. rnt.Rtt^N
All other uses are prohibited. Reprinted under license from the American Land Title Association. LA'11 rr
n.rcn iiur.
File No.01330-25552 Page 2 of 2 STEWART TITLE
CO STG ALTA Commitment Sch B 11 STO GUARANTY COMPANY .
DISCLOSURES
File No.: 01330-25552
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.
To comply with the provisions of C.R.S. 10-11-123, the Company makes the following disclosure:
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.
NOTE: THIS DISCLOSURE APPLIES ONLY IF SCHEDULE B, SECTION 2 OF THE TITLE COMMITMENT HEREIN
INCLUDES AN EXCEPTION FOR SEVERED MINERALS.
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.
File No.:01330-25552
CO Commitment Disclosure
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 Yes No
customer 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 non-financial 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 non-financial 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
protect my personal information? security 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
File No.:01330-25552 Page 1 of 1