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Home My WebLink AboutLand Use Case.928 W Hallam St.0077.2014.ASLU- 0077.2014. ASLU 928 W. HALAM ST GATEWAy SUBDIVISION - LOT SPLIT 2735 123 00 015 1, /0 li AD 67'r ''43 L ] Dy. "1 1. 7 ...Ad THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0077.2014.ASLU PARCEL ID NUMBERS trial:~manÂ®84 2735-/23-60-0/S- PROJECT ADDRESS 928 W HALLAM ST PLANNER JENNIFER PHELAN CASE DESCRIPTION GATEWAY SUBDIVISION LOT SPLIT REPRESENTATIVE PATRICK RAWLEY DATE OF FINAL ACTION 01/15/2015 CLOSED BY ANGELA SCOREY ON: 09/28/2015 i-2-3- 2-13$ 113 00 0/7 0077Â·20/4.4504 File Edit Record Navigate Farm Repot Format Iab Betp 26: 4 k )/ 6 0 - i 0 1 j /. f. i , 7 % A Jump 1 ~to OB LI- B ; -~ ~a~ Cutom Fields Rolibng Status Fee Summaly Actions Routing History 1 QI I B ~ Permit type B Aspen Land Use | Permit # i00772014.ASLU 10 j |.11 Address 928 W HALLAM ST 1 Apt/SuRe| &~ City ASPEN S*te F-~ Zip 81611 el W ~ : Permit Information Master permit t Routing queue aslu07 Applied 10/142014 tl Project St8tl15 pending Approved ~ ~; Desmption FPLICATION FOR GATEWAY SUBDIVISION - LOT SPUT Issued CIoÂ«Final Submitted PATRICK RAWLEY 925-2323 | aock Ping-]Days 2-7 Expires 110/09/2015 | Owner ~ Last name ICRYSTAL PALACE CORPOF First namel IASPEN CO 81612 %6631 --- -- - ----1 Phone f 1 - Address I Applicant 1 0 Owner is applicant? Il Conkactor is applicant? ~ Last name GATEWAY ASPEN LLC ; First name vi 1605 i " MAIN ST iSTE 2 Phone (9701930-1754 | Cust Â¢ 129914 | Addreâ‚¬q |ASPEN CO 81611 1 Lender i : Last name Â· First name I g i Phone K 1 - Addres Cheri<this field if the contractor is also the permit applicant AspenGold5 (server angelas ~ 1 of 1 - " .:, 00 -F 900 / (4-L * 4 3,16[yÂ·co 0*4 â„¢ Ky.4245.eD 76wwift gr 37 (99 11â‚¬44 hl fed 03,20.00 elEN >pin 9] L 191 11- Rtutivou (- RETAIN FOR / 0077 20)4 'A 5 LU OCT. 01 2014 PEctivi/ki?fENT Fil V.- bk- COMMUNITV DEVELOPMENT DEPARTMENT K Kleu,0 oly'Minj Alo.,uig reement to Pay Application Fees EW I 1 An agreement bet V Gateway Aspen. LLC City") and -1 Attn: Michael Brown Property 605 W Main Street, Ste 2 Phone No.: 970-930-1754 Owner ("1"): C Aspen, CO 81611 on Email: michael.brown@haymax.com Address of Billing Property: 928 W. Hallam Street Address: 605 W. Main Street, Suite 2 (subject of (send bills here) Aspen, CO 81611 application) I understand that the City has adopted, via Ordinance No., Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $ flat fee for . E flat fee for _ $ flat fee for . $ flat fee for For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. 1 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. 1 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. $ 3,250 deposit for 10 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325 per hour. $ 265 deposit for 1 hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $265 per hour. City of Aspen: Property Owner: 9% Chris Bendon Community Development Director Name: Michael H. Brown City Use: O Title: Fees Due: $ Received: $ January, 20 13 City ofAspen I 130 S. Gatena St. I (970) 920-5090 . .. Â£ il I 1>â‚¬â€¢4 GATEWAY ASPEN LOT SPLIT / A TRACT OF LAND LOCATED IN THIL SW1/4 (ALSO KNOWN AS LOT 9), SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH P.M., CITY OF ASPEN, PITKIN COUNTY, COLORADO * 1 8 4 THE PURPOSE OF THIS PLAT IS TO ESTABLISH A LOT SPLIT OF A 16,076 SQ. FT. PARCEL INTO A 6,000 SO. Mr. LOT AND A 10,076 SQ. FT. LOT. 0 . | 6/0 BEAM,1~. ___& #'0* . 0/LU % 1 - ; , -Dooke.F - ....V , , 94 19-- - I 1 42 "<Oet - - CEAff> - - M."C.p h La"on..6-~ i / ~22%94'5 4 / UN.- --6 | I I. 5 ...u .*./ Cop LS *. 3834:lail ...ArAP - *Â°'11 *14 Af O A~wId U,wau~,el-/,crlhed r 1 *3*DEPUED 9'- <X~ Z - 1.noh - 0 ' U S. SURVEY FOOT USED ----t93-e N- CERTIFICATE OF DEICAnON ANDOWNERSEUP 0 --- / ~ mlowA[LfÂ·Â£0,LbuY=rE~RES,2~T-TAA-Â·*,A,As,â€¢ENUCE-5-soliow,ERSUN \~, --~~_ 1 AL-- FQUOWi *cem,n LIU BI OCK 4 aNCEL ] -<-- 44*-I!1 No 610646 Z9- 442* ----- A..................,V,/4........5./.SECm........,0 ~ K-~Cap - 5*wrn, =M. wp-Mop /~gari./. m~rNCD'N~CIX~Â»21DO. MOREPULLÂ¥ DESCIW -9.7 ASALLOWS S 87'23'00-E 48 76' aBOW.m,~r TNÂ£ Fof,TOF THE fAvERNgÂ¢770â€žD,7- Mni~LY R/G~op w~V UNE.P . 89Â·33+05 E 801 84' AELD TIE NO 20 EL. 79064 CaU*4/ / 57~. m.Â£*n.Me 82 ANU I. 1.~rÂ£â„¢77.NEOF 71. CJ,OF... 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I ..... ..05 3~n AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHA_PTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: 91, w. twIla Vv. 5 Aspen, CO STATE OF COLORADO ) County of Pitkin ) I, 56(1*,1,1JEJÂ£Â£1 'SC~-'-1 (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: J Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. Publication ofnotice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. '-j'~g=Â·4--- S~---._~ Signature The foregoing "Affidavit of Notice" was acknowledged before me this 22-day of VA , 201)5 by A .ta 5Utz) PUBLIC NOnCE WITNESS MY HAND AND OFFICIAL SEAL Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site-specific development plan, and My commission expires: -01 lo-,1 l 93 the issuance of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertain- ing to the property legally described as a tract of land located in the SWIM (also known as Lot 9), \44 Â£41 Pago fawÂ«Al - Section 12, Township 10 South, Range 85 West of the 6th P.M., Pitkin County Colorado and more ful- Notary Public Iv described within the application on file with the dommunity Development Department and com- monty known as 928 W. Hallam Street. The ap- - P%vial grants Minor subdivision approval via a Lot ~ KAREN REED PATTERSON~~ Split it to permit the creation of one additional lot for a total of two lots, For further information contact NOTARY PUBLIC Jennifer Phelan at the City of Aspen Community ATTACHMENTS: 1 STATE OF COLORADO I Development Dept., 130 S. Gakena St., Aspen, , NOTARY ID #19964002767 Colorado. (970) 429-2759. City of Aspen Published in The Aspen Times on January 22, 2015. (10882362) COPY OF THE PUBLICATION UUZCZE:115:piresfebruary.11211~ DEVELOPMENT ORDER City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site-specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit application submittal is accepted and deemed complete by the Chief Building Official, pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site-specific development plan as described below. Property Owner's Name, Mailine Address and telephone number: Gateway Aspen, LLC. 605 W. Main Street, Suite 2, Aspen, CO Legal Description and Street Address of Subiect Property: The property is legally described as a tract of land located in the SW1/4 (also known as Lot 9), Section 12, Township 10 South, Range 85 West of the 601 P.M., Pitkin County Colorado and more fully described within the application on file with the Community Development Department and commonly known as 928 W. Hallam Street. Written Description of the Site Specific Plan and/or Attachment Describing Plan: Minor Subdivision approval via a Lot Split to permit the creation of one additional lot for a total of two lots. City Council Ordinance No. 41, Series 2014. Effective Date of Development Order: January 22,2015. (Sameasdate of publication of notice of approval.) Expiration Date of Development Order: January 23,2018 (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 24th day of January 2015 by the City of Aspen Community Development Director. 049Â«LL -~,v-Chris Bendot-) Community Development Director /434 - 2508W City of Aspen r- RECEPTION; ;733,01/15/2015 at 09:20:26 AM, 1 OF 3, R $21.00 Doc Code ORDINANCE Janice K. Vos Caudill, Pitkin County, CO ORDINANCE NO. 41 (SERIES OF 2014) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A MINOR SUBDIVISION, TO BE KNOWN AS GATEWAY ASPEN LOT SPLIT, COMMONLY KNOWN AS 928 W. HALLAM STREET, CITY OF ASPEN, PITKIN COUNTY, COLORADO. PARCEL ID: 2735-123-00-015 WHEREAS, the Community Development Department received an application from Gateway Aspen, LLC, represented by Stan Clauson Associates, requesting approval of a lot split to develop one additional lot; and, WHEREAS, the property is zoned Medium Density Residential, R-6; and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended in favor of the. proposal; and, WHEREAS, pursuant to Section 26.480.060, Minor Subdivisions, the City Council may approve a Minor Subdivision, during a duly noticed public hearing after considering comments from the general public, a recommendation from the Community Development Director; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, during a duly noticed public hearing on December 8,2014, that was continued to January 12,2015, the City Council approved Ordinance No. 41, Series of 2014, by a five to zero (5 - 0) vote, approving the Gateway Aspen Lot Split through the Minor Subdivision review process; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1: Approvals Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City Council herby approves the Gateway Aspen Lot Split, creating two lots meeting the underlying Ordinance No 41, Series 2014 Page 1 of 3 zone district dimensional standards by creating Lot A at 10,076 sq. ft. and Lot B at 6,000 sq. ft. conditioned on the following: 1) A formal access easement shall be dedicated over Lot B for the benefit of Lot A with the recordation ofa plat. 2) Adequate Utility Easements shall be provided for water, electric, and sewer service with the recordation of the plat. 3) The existing house on Lot A may be maintained; however, prior to the development of either Lot A or B, it shall be verified that the existing house on Lot A complies with the allowable Floor Area for the lot, shall be made to comply or shall be demolished. 4) It is recognized that the area of unknown ownership comprised of 74 sq. ft. may be added to Lot B if ownership is resolved. Section 2: Plat The Applicant shall record a lot split plat that meets the requirements of Land Use Code Section 26.480, Subdivision, within 180 days of approval. No development agreement is required to be recorded in conjunction with the filing of a plat. Section 3: Subdivision No further subdivision may be granted for the newly created lots. Section 4: Severability If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5: Existing Litigation This ordiriance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under. or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 6: Approvals All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 7: Public Hearing A ~ublic hearing on this ordinance shall be held on the 8th day of December, 2014, continued to the 12t day of January, 2015, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. Ordinance No 41, Series 2014 Page 2 of 3 INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 24th day of November, 2014. Attest: 24/<t F h 44 rÂ«jwkw\AN Linda Manning, City Cler~ Stevenikadronl Mayor -<- FINALLY, adopted, passed and approved this 12th day of January, 2015. Attest: 44*-4 64-0, 4.79 L Linda Manning, City Clerk\ Steven @Ladrbn, Mayor Approved as to form: dim True, City Attorney / Ordinance No 41, Series 2014 Page 3 of 3 Ad Name: 1072691 1 A PUBLIC NOTICE RE Gateway Aspen Lot Split, Customer: Aspen (LEGALS) City of Commonly known as 928 W. Hallam Street NOTICE [S HERE8Y GIVEN that a public hearing . Your account number: 1013028 will be held on Monday, December 8, 2014, at a meeting to begin at 5:00 p.m. before the Aspen City Council, in the City Council chambers, City Hall, 10 consider an application submitted by Stan Clauson Associates on behall 01 Gateway Aspen, PROOF OF PUBLICATION LLC (605 W. Main St, Suite 2, Aspen, CO). The Applicant requests Minor Subdivision approval via a Lot Split it to permit the creation of one additional Tn: Aw':" TIM<: opment Department and commonly known as 928 lot for a total of two lots. The property is legally de- scribed as attract of land located In the SWIM (al- so known as Lot 9), Section 12, Township 10 South, Range 85 West of the 6th P.M., Pitkin County Colorado and more fully described within the application on file with the Community Deve]- W. Hallam Street. For further information, contact Jennifer Phelan at the City 01 Aspen Community STATE OF COLORADO, Development Department, 130 S. Galena St., As- pen, CO, (970) 920.5090, Jennifer.Phelan@cityo- COUNTY OF PITKIN faspen.com S/Steve Skadron, Mayor Aspen City Council 1 9 City of Aspen Â·I, jim Morgan, do solemnly swear that I am Generai Publish in The Aspen Times on November 20, Manager of the ASPEN TIMES WEEKLY, that 2014. (10726911) the same weekly newspaper printed, in whole or in part and published in the County of Pitkin, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Pitkin for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement. The Aspen Times is an accepted legal advertising medium, only for jurisdictions operating under ~ Colorado's Home Rule provision That the annexed legal notice or advertisement was published in the regular and entire issue of every number'of said daily newspaper for the period of 1 consecutive insertions: and that the first publication of said notice was in the issue of said newspaper ~ dated 11/20/2014 and that the last publication of said notice was in the issue of said newspaper dated 11/20/2014. In witness whereof, I have here unto set my hand this 11/24/2014. Â»-c- Jim Morgan, General Manager / Subscribed and sworn to bjfore me, a notary public in and for the County of Garfield, State of Colorado this 11/24/2014. (2,44 9 41 Pamelaj. Schultz, Notary Public Jk Commission expires: November 1, 20I5 A., ...A # f PAMELA J. '1 1~ El E SCHULTZ j ~ hly C,nission Wres 11/01/2015 Regular Meeting Aspen Citv Council Januan' 12,2015 Ordinance #41, Series of 2014 - 928 W. Hallam Street, Minor Subdivision Jennifer Phelan, community development, said the applicant is Gateway Aspen LLC with Stan Clauson as the representative. The request is to subdivide the lot into two lots, one with a single family home and one with a duplex. This is the last lot on the north side ofhighway 82 before crossing the bridge. Currently it is zoned R6. The lot is 16,076 square feet with a single family home. The current access is via the alley then through an adjacent property with an easement. There are two lots proposed A and B. B would be 6,000 sq ft with an access easement to benefit lot A. Lot A would be 10,076 sq ft. At first reading there were two issues. The current property has a small sliver of land with unknown ownership. The applicant tried to resolve it but to keep the project clean they are subtracting it from the subdivision. There was a question regarding if the existing vehicle easement is appropriate. The attorney has reviewed and said it is fine. Staff recommends approval with conditions. When the plat is recorded to formalize the access easement. Also to provide clear utility easements on the property when the plat is recorded. Councilman Frisch asked what happens to the 74 sq ft. Ms. Phelan stated the ordinance reads ifthe applicant is determined to have clear title it would go to lot B. It won't change the lot lines but add 74 sq ft to the 6,000 sq ft lot. Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public comment. Councilman Romero moved to approve Ordinance 41, Series of 2014; seconded by Councilman Daily. Roll call vote; Councilmembers Frisch, yes; Mullins, yes; Romero, yes; Daily, yes; Mayor Skadron, yes. Motion carried. Ordinance #40, Series of 2014 - Pitkin County Center Subdivision - Major Subdivision, Rezoning Justin Barker, community development, told the Council the application was submitted by the Pitkin County Board of County Commissioners and is represented by Stan Clauson Associates. The site includes two properties located on Main Street. The first is the west property including the court house and jail. It is zoned as public. The east property includes the plaza building and zoned as commercial core. The applicant has three land use requests. The first is a lot combination. Staff is in favor with condition to document the utility easements on the subdivision plat. Staff would like the easement relocated to where the utilities are located now. There is also a rezoning request. When it becomes one lot the request is to be zoned as public. The third request is for the alley vacation and removal. It is a dead end section of the alley with an access easement. The County has been maintaining this area for 25 years. This will create a unified lot for county facilities. It will benefits the City by cleaning up the ownership. These approvals would not affect the City's development of the adjacent lot. P&Z reviewed this with a unanimous approval. Staff is recommending approval with conditions. Councilman Romero asked what the zoning for the Zupansis lot is. Mr. Barker replied it is CC and SCI. Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public comment. Councilwoman Mullins moved to adopt Ordinance 40, Series of 2014; seconded by Councilman Daily. Roll call vote; Councilmembers Romero, yes; Frisch. yes; Daily, yes; Mullins, yes; Mayor Skadron, yes. Motion carried. 13 P609 IX.a MEMORANDUM TO: Mayor Skadron and Aspen City Council FROM: Jennifer Phelan. Deputy Planning Director RE: Second Reading of Ordinance No. 41, Series of 2014 - 928 W. Hallam Lot Split - Minor Subdivision MEETING DATE: January 12,2015 APPLICANT: SUMMARY: Gateway Aspen, LLC The Applicant requests approval of a lot split allowing the division of the existing lot into two REPRESENTATIVE: lots. Stan Clauson Associates, Inc. ~TAFF RECOMMENDATION: LOCATION: Staffrecommends approval of the request. 928 W. Hallam CURRENT ZONING & USE: Medium- Density Residential (R-6) with a duplex residence on the lot PROPOSED LAND USE: Two lots, one permitting a single family residence and a second permitting a duplex SPECIAL NOTE Since first reading. the Applicant has submitted an amended draft plat (Exhibit C) which creates two lots that meet the minimum lot size and does not include the area of unknown ownership. Minor changes have been made to the memo to reflect changes since the first reading of the ordinance. LAND USE REOUESTS AND REVIEW PROCEDURES: The Applicant is requesting the following land use approvals: A Lot Split for the purpose of creating one additional development parcel pursuant to Land Use Code Section 26.480.060.A (City Council is the final review authoritv). PROJECT SUMMARY: The subject property is adjacent to the Castle Creek Bridge and currently contains a duplex residence. As proposed, the lot is to be subdivided into two lots with one lot containing 10,076 sq. ft. (proposed Lot A) and the second containing 6,000 sq. ft. (proposed Lot B). Lot A will permit up to a duplex density while Lot B will permit a single family home. 1 P610 IX.a Figure 1: Aerial of subject property -14 1/ 111 '4 '6 76*41 T 4.../ -. * * 4... f 46 'ff k 'Aest# " ft r i 34.. L -91. 1 Â·11 A. 4 0 a . - Tr.ry'l . -:. 4â‚¬ b gy'...i * 5 STAFF EVALUATION: Minor Subdivision - The Applicant is requesting a Lot Split to develop one additional lot, for a total of two lots. A lot split is required to meet certain review criteria (Exhibit A). Besides meeting the underlining zone district standards, the lots are reviewed to ensure access to the street system and utilities are available to serve the lots. Two access easements provide access to a public way via the alley located in Block 4 of the Aspen townsite towards the rear of the properties. The first easement is through an adjacent property, providing access to Lot B, while a second easement is being proposed, as part of the subdivision plat, through Lot B to access Lot A. This will be the sole access to the lots as the engineering design standards do not permit a curb cut from Highway 82. The city attorney has reviewed the recorded access easement through the neighboring property and deemed it adequate to provide access to the two proposed lots. Figure 2: Proposed lot configuration N. ~4442: ~ ~*~ -~ - 2-- --2 for Lots A& B Access easement r I - - .4. 4. 1--1 ~9m-.19[~ Lot A proposed *71-- at 10,076 sq. ft. ~71-X - ---2 ,f- vs. 10,150 sq. ft. tot. ------~ Access easement B for Lot A 2 + ..IÂ· k. 1~Uf,UJ 1 1 c ; 1118 1 1 -; 6/ .i â€¢iâ€¢In' . I. i il , a 1 -- I --f ~ Area of unknown , --__-1 ownership (74 sq.ft) ==er 421 - -1 Â¢ I.Â¥I.'.I' e.l I ,/./ 14.} *12!N .. I. . .. bas,Â·23'B,#G 144Â£5Â· RZPAY' " 2 P611 IX.a The original townsite ends along the easterly boundary of this property. The Applicant is proposing Lot B to be in a reverse ' L' shape rather than a more traditional rectangle that one finds in the West End. Staff recognizes that there are some significant slopes associated with this parcel but Lot B could better approximate the typical townsite lot configuration and provide a less narrow, easier to develop lot; however, somewhat unorthodox lot configurations do exist throughout the community. The lots meet the underlying dimensional standards of the R-6 zone district and the Applicant feels that Lot B's configuration will not impact its development potential. REFERRAL COMMENTS: Sanitation - Ensure both lots have access and easements to get to the manhole in the alley of Bock 4. Utilities - Adequate easements need to be provided for both water (from the street) and the electric (from the alley). Parks - Trees around the perimeter of the lots to be preserved. Large trees on the interior most likely will be able to be removed, but a more thorough inspection needs to be done. Mitigation will be required for any trees removed. Engineering - Utilities should be marked on the survey to identify whether any utility easements should be included across Lot B to Lot A. The access easement should not be "approximate." The top of slope line should be removed. STAFF RECOMMENDATION: Staff finds the request meets the subdivision review criteria. The request will create one additional lot. Minor changes to the plat will need to occur prior to recording such as formalizing the access and utility easements for the lots and removing the top of slope line. Staff recommends APPROVAL of the request. RECOMMENDED MOTION (ALL MOTIONS ARE liN THE AFFIRMATIVE): "I move to approve Ordinance 41, Series of 2014 which grants a lots split for 928 W. Hallam." EXHIBITS: A. Review Criteria - Minor Subdivision B. Application C. Amended Draft Plat 3 P612 IX.a ORDINANCE NO. 41 (SERIES OF 2014) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A MINOR SUBDIVISION, TO BE KNOWN AS GATEWAY ASPEN LOT SPLIT, COMMONLY KNOWN AS 928 W. HALLAM STREET, CITY OF ASPEN, PITKIN COUNTY, COLORADO. PARCEL ID: 2735-123-00-015 WHEREAS, the Community Development Department received an application from Gateway Aspen, LLC, represented by Stan Clauson Associates, requesting approval of a lot split to develop one additional lot; and, WHEREAS, the property is zoned Medium Density Residential, R-6; and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended in favor ofthe proposal; and, WHEREAS, pursuant to Section 26.480.060, Minor Subdivisions, the City Council may approve a Minor Subdivision, during a duly noticed public hearing after considering comments from the general public, a recommendation from the Community Development Director: and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director. the applicable referral agencies, and has taken and considered public comment at a public hearing: and, WHEREAS, during a duly noticed public hearing on December 8,2014, that was continued to January 12,2015, the City Council approved Ordinance No. _. Series of 2014. by a to (_ - _) vote, approving the Gateway Aspen Lot Split through the Minor Subdivision review process; and. WHEREAS, the City Council finds that the development proposal meets or exceeds atl applicable development standards; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health. safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1: Approvals Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City Council herby approves the Gateway Aspen Lot Split, creating two lots meeting the underlying Ordinance No 41, Series 2014 Page I of 3 P613 IX.a zone district dimensional standards by creating Lot A at 10,076 sq. ft. and Lot B at 6,000 sq. ft. conditioned on the following: 1) A formal access easement shall be dedicated over Lot B for the benefit of Lot A with the recordation of a plat. 2) Adequate Utility Easements shall be provided for water, electric, and sewer service with the recordation of the plat. 3) The existing house on Lot A may be maintained; however, prior to the development of either Lot A or B, it shall be verified that the existing house on Lot A complies with the allowable Floor Area for the lot, shall be made to comply or shall be demolished. 4) It is recognized that the area of unknown ownership comprised of 74 sq. ft. may be added to Lot B ifownership is resolved. Section 2: Plat The Applicant shall record a lot split plat that meets the requirements of Land Use Code Section 26.480, Subdivision, within 180 days of approval. No development agreement is required to be recorded in conjunction with the filing of a plat. Section 3: Subdivision No further subdivision may be granted for the newly created lots. Section 4: Severability lf any section, subsection. sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5: Existing Litigation This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided and the same shall be conducted and concluded under such prior ordinances. Section 6: Approvals All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 7: Public Hearing A ~ublic hearing on this ordinance shall be held on the 8th day of December, 2014, continued to the 121 day of January, 2015. at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. Ordinance No 41, Series 2014 Page 2 of 3 P614 IX.a INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council ofthe City of Aspen on the 24th day ofNovember, 2014. Attest: Linda Manning, City Clerk Steven Skadron, Mayor FINALLY, adopted, passed and approved this day of ,2015. Attest: Linda Manning, City Clerk Steven Skadron, Mayor Approved as to form: Jim True, City Attorney Ordinance No 41, Series 2014 Page 3 of 3 P615 IX.a Exhibit A: Subdivision Review Criteria 26.480.060. Minor subdivisions. The following types of subdivision may be approved by the City Council, pursuant to the provisions of Section 26.480.030 - Procedures for Review, and the standards and limitations of each type of subdivision, described below: A. Lot Split. The subdivision of a lot for the purpose of creating one additional development parcel shall be approved, approved with conditions, or denied by the City Council, pursuant to Section 26.480.030 - Procedures for Review, according to the following standards: 1. The request complies with the requirements of Section 26.480.040, General Subdivision Review Standards. Staff Finding: As addressed below, staffinds that the subdivision review standards are met. Stafffinds this criterion met. 2. No more than two lots are created by the lot split. No more than one lot split shall occur on any one fathering parcel. Staff Finding: Only two lots are being created via the lot split. Staffinds this criterion met. 3. The Lot Split Plat shall be reviewed and recorded in the office of the Pitkin County Clerk and Recorder, pursuant to Chapter 26.490 - Approval Documents. No subdivision agreement need be prepared or entered into between the applicant and the City unless the Community Development Director determines such an agreement is necessary. Staff Finding: The drqft plat will be reviewed.for compliance with Chapter26.490, Approval Documents prior to recording. A subdivision agreement is not necessary for the lot split. Staffinds this criterion met. 26.480.040. General subdivision review standards. All subdivisions shall be required to conform to the following general standards and limitations in addition to the specific standards applicable to each type of subdivision: A. Guaranteed Access to a Public Way. All subdivided lots must have perpetual unobstructed legal vehicular access to a public way. A proposed subdivision shall not eliminate or obstruct legal vehicular access from a public way to an adjacent property. All streets in a Subdivision retained under private ownership shall be dedicated to public use to ensure adequate public and emergency access. Security/privacy gates across access points and driveways are prohibited. Staff Finding: Two access easements provide access to a public way via the alley located in Block 4 of the Aspen townsite, towards the rear Of the properties. The first easement is through an adjacent property, providing access to Lot B, while a second easement is being proposed, as part of the subdivision plat, through Lot B to access Lot A. This will be the sole access to the lots as the engineering design standards do not permit a curb cut from Highway 82. Sta#finds this criterion met. B. Alignment with Original Townsite Plat. The proposed lot lines shall approximate, to the extent practical, the platting of the Original Aspen Townsite. and additions thereto, as P616 IX.a applicable to the subject land. Minor deviations from the original platting lines to accommodate significant features ofthe site may be approved. Staff Finding: The original townsite ends along the easterly boundary of this property. The Applicant is proposing Lot B to be in a reverse 'L' shape rather than a more traditional rectangle that one finds in the West End. Stqff recognizes thal there are some significant slopes associated with this parcel but Lot B could better approximate the typical townsite lot configuration and provide a less narrow, easier to develop lot; however, somewhat unorthodox lot configurations do exist throughout the community. Statffinds this criterion met. C. Zoning Conformance. All new lots shall conform to the requirements of the zone district in which the property is situated, including variations and variances approved pursuant to this Title. A single lot shall not be located in more than one zone district unless unique circumstances dictate. A rezoning application may be considered concurrently with subdivision review. Staff Finding: Both lots meet or exceed the minimum lots size requirements and minimum lot width. Both lots are located within a single zone district. Stqff finds this criterion met. D. Existing Structures, Uses, and Non-Conformities. A subdivision shall not create or increase the non-conformity of a use, structure or parcel. A rezoning application or other mechanism to correct the non-conforming nature of a use, structure, or parcel may be considered concurrently. In the case where an existing structure or use occupies a site eligible for subdivision, the structure need not be demolished and the use need not be discontinued prior to application for subdivision. If approval of a subdivision creates a non-conforming structure or use, including a structure spanning a parcel boundary, such structure or use may continue until recordation of the subdivision plat. Alternatively, the City may accept certain assurance that the non-conformities will be remedied after recordation of the subdivision plat. Such assurances shall be reflected in a development agreement or other legal mechanism acceptable to the City Attorney and may be time-bound or secured with a financial surety. Staff Finding: The existing duplex structure is conforming on proposed Lot A with regard to setbacks and allowed density. Floor Area calculations.for the structure have not been provided; however, a condition has been included in the ordinance requiring the demolition of the existing residence prior to development occurring on either lot. Staff.finds this criterion met. P617 IX.a LAND USE APPLICATION 30 September 2014 Location: 928 W. Hallam Street PID: 273512300015 -1 -i.. -7 -- 2 .4 ' m...4./. / - f F.:-F---- A...1==1: I-/ I ' . 4 *# ---j / --- , ' -9,1 i } le i R , f 4. 7-1 ill LO~ Â¥ t 4 b lnta , f ~/ M -*i. , f 4 / I .... I . C ,//9 _ _29/52'131,3 'Â· S 73/I'll z r, 731. 4.7. B . (4 7,1/ 10$0) . H ......10 7 14' C.U COLO 1 Ngâ€ž.Â§ 9,Do srA h , . - 0 J rWÂ¥ I /*I I./../I r.1.......u./. i. il ..... Wast,Lit~25*dl'Ah .. (4 .... ..0 '.%/a</. - IÂ¥/VIM,Il .1. ial 71,Â· C.ic !39!7,9.112'11'.ellfaff'IL'E.w-~-ur.. A Lot Sp/it app/ication to subdivide the 16,150 SF lot into two (2) fee simple lots - Lot A will consist of 10,150 SF, Lot 8 wi// consist of 6,000 SF Represented By: STAN CLAUSON ASSOCIATESING 1 .1 1.'145â‚¬.ape or<bit. 0{ure.plaf,Â·Â·11,8. fe,vft 0Â¢$19 4. 411 Not,h Mill 5!reet Aspen. Colo!240 8261, 1.970/975Â·737) 1 970/920Â·,628 4 i infoosciplanfling.corm www...pil'ning.com I 01=00, 70.031 L04 I P618 IX.a TABLE OF CONTENTS â€¢ Project Overview and Code Response â€¢ Land Use Application Form (Attachment 2) â€¢ Dimensional Requirements Form (Attachment 3) â€¢ Attachment 4- Vicinity Map and Property Description â€¢ Attachment 5 - Existing Conditions Survey â€¢ Attachment 6 - HOA Compliance Policy â€¢ Attachment 7 - Draft Subdivision Plat â€¢ Attachment 8 - Proof of Ownership â€¢ Attachment 9 - Letter of Authorization â€¢ Attachment 10 - Driveway Easement Agreement and map â€¢ Attachment 11- Adjacent Property Owners within 300' â€¢ Attachment 12 - Pre-Application Conference Summary 928 W. Hallam Street PID: 273512300015 30 September 2014 P619 IX.a PROJECT OVERVIEW Gateway Aspen, LLC (the "Applicant") is requesting subdivision of the 16,150 SF property located at 928 W. Hallam, parcel number 273512300015 (the "Property"). The Applicant has recently purchased the Property from Crystal Palace Corporation. This application has been completed in conformance with the pre-application conference surnrnary dated 8 August 2014. The Property is located within the R-6 (Medium-Density Residential) zone district of the City of Aspen. When subdivided, the resulting two (2) fee simple lots, identified as Lots A and B of the enclosed draft Lot Split Plat, will consist of 10,150 SF for Lot A and 6,000 SF for Lot B. Configured as they are, the proposed lots will easily conform to the minimum lot size in the R-6 zone district of 6,000 SF. The presence of steep slopes, which impact the western portions of the site, as well as areas of easement require the reduction of net lot area. Net lot area provides the basis of the available floor area thal can be developed on the lots. Steep slopes and areas of easements reduce the net lot area on Lot A to 7,612 SF and the net lot area on Lot B to 3,846 SF. The resulting maximum available floor area is therefore calculated for Lot A to be 3,466 SF for a single-family residence or 3,858 SF for a duplex. Available floor area for Lot B is 2,637 SF for a single family residence. The Property is located within 100' of Castle Creek and as such must meet the requirements associated with the Stream Margin setbacks, as required by the City of Aspen Land Use Code. No development will be located within 15' of the surveyed top of slope and applicable height limitations associated with the Stream Margin setback will be met. Both lots will utilize an alley, the entrance of which is located off of North 8'11 Street, as their primary means of access. Lot B will also have frontage off of Highway 82. An existing Driveway Easement Agreement, recorded at reception number 610646, will allow the residents of both lots to cross Parcel 1 of the Second Amendment to the Herndon Subdivision, which is located immediately to the north of the site. A second easement will be provided by the owners of Lot B for the residents of Lot A to allow Lot A's driveway to cross a portion of Lot B. Currently, a duplex residential structure is located on the Property. The structure will be removed prior to recordation of the subdivision plat. The subdivision plat will be recorded within 180 days of final approval or within the deadline of any extension that may be granted by the Community Development, if such an extension is requested and approved. The construction of either two single family residences or a duplex and a single-family residence will be consistent with current use patterns in the neighborhood and comply with applicable dimensional requirements of the R-6 zone district. The individual lots would be served by separate utilities, but would not require any additional public facilities. We look forward to working with staff in connection with this application and presenting this proposal to the City Council. 928 W. Hallam Street PID: 273512300015 Page 1 30 September 2014 P620 IX.a LAND USE CODE SECTION RESPONSES 26.480.030. Procedures for review. A development application for a subdivision approval shall be reviewed pursuant to the following procedures and standards and the Common Development Review Procedures set forth at Chapter 26.304. According to the type of subdivision requested, the following steps are necessary: B. Minor Subdivisions. City Council, during a duly noticed public hearing, shall review a recommendation from the Community Development Director and shall approve, approve with conditions, or deny an application for minor subdivision, based on the standards of review in Section 26.480.060, MinotÂ· Subdivision. This application for Minor Subdivision - Lot Split has been prepared in conformance with the pre-application conference summary dated 8 August 2014. 26.480.060. Minor subdivisions. The following types of subdivision may be approved by the City Council, pursuant to the provisions of Section 26.480.030 - Procedures for Review, and the standards and limitations of each type of subdivision, described below: A. Lot Split. The subdivision of a lot for the purpose of creating one additional development parcel shall be approved, approved with conditions, or denied by the City Council, pursuant to Section 26.480.030 - Procedures for Review, according to the following standards: 1. The request complies with the requirements of Section 26.480.040, General Subdivision Review Standards. 26.480.040. General subdivision review standards. All subdivisions shall be required to conform to the following general standards and limitations in addition to the specific standards applicable to each type of subdivision: A. Guaranteed Access to a Public Way. All subdivided lots must have perpetual Unobstructed legal vehicular access to a public way. A proposed subdivision shall not eliminate or obstruct legal vehicular access from a public way to an adjacent property. All streets in a Subdivision retained under private ownership shall be dedicated to public use to ensure adequate public and emergency access. Security/privacy gates across access points and driveways are prohibited. The proposed subdivision will provide a perpetual unobstructed legal vehicular access to a public way. B. Alignment with Original Townsite Plat. The proposed lot lines shall approximate, to the extent practical, the platting of the Original Aspen Townsite, and additions thereto, as applicable to the subject land. Minor deviations from the original platting lines to accommodate significant features of the site may be approved. The proposed lot line will conform to the alignment of the original townsite platting to the extent practical. Lot B, as the more visible lot of the proposed subdivision, will front Highway 82 and generally conform to the alignment of the original townsite plat. Lot A will not have any direct frontage off of Highway 82 and due to site constraints will not align with the original townsite plat. C. Zoning Conformance. All new lots shall conform to the requirements of the zone district in which the property is situated, including variations and variances 928 W. Hal/am Street P/D: 273512300015 Page 2 30 September 2014 P621 IX.a approved pursuant to this Title. A single lot shall not be located in more than one zone district unless unique circumstances dictate. A rezoning application may be considered concurrently with subdivision review. The new lots will conform to the requirements of the R-6 zone district. No amendments to the Official Zone District Map are proposed as part of this application. D. Existing Structures, Uses, and Non-Conformities. A subdivision shall not create or increase the non-conformity of a use, structure or parcel. A rezoning application or other mechanism to correct the non-conforming nature of a use, structure, or parcel may be considered concurrently. The subdivision will not create or increase any non-conformity of use, structure, or parcel that may be present on the Property. The existing use of the Property and the existing structure will remain until such time that the lot split plat is recorded with the Pitkin County Clerk and Recorder. 2. No more than two lots are created by the lot split. No more than one lot split shall occur on any fathering parcel. No more than two lots will be created as a part of this proposed Lot Split. No prior lot split has occurred on this fathering parcel. 3. The Lot Split Plat shall be reviewed and recorded in the office of the Pitkin County Clerk and Recorder, pursuant to Chapter 26.490 - Approval Documents. No subdivision agreement need be prepared or entered into between the applicant and the City unless the Community Development Director determines such an agreement is necessary. A Lot Split Plat, a draft of which has been included in this application, will be recorded within 180 days of final approval. A subdivision agreement should not be required, given the simple nature of this proposal and the fact that no additional infrastructure will be required. 26.480.080. Subdivision application contents. An application for a subdivision shall include the following: A. The general application information required in common development review procedures set forth at Section 26.304.030. B. Written responses to the review criteria applicable to the request. C. A Draft Plat meeting the plat requirements of Chapter 26.490 - Approval Documents. This application provides all the information required as set forth in Sec. 26.304.030, including general application information, written responses to the applicable review criteria, and a draft plat which adheres to the requirements contained in Chapter 26.490. 26,575.020. Calculations and Measurements A. Purpose. This section sets forth methods for measuring floor area, height, setbacks, and other dimensional aspects of development and describes certain allowances, requirements and other prescriptions for a range of structural components, such as porches, balconies, garages, chimneys, mechanical equipment, projections into setbacks, etc. The definitions of the terms are set forth at Section 26.104.100 - Definitions. 928 W. Hallam Street P/D: 273512300015 Page 3 30 September 2014 P622 IX.a All calculations of floor area, height, setbacks, and other dimensional aspects of the proposed lot split, as applicable, will be performed in accordance with Sec. 26.575.020. C. Measuring Net Lot Area. A property's development rights are derived from Net Lot Area. This is a number that accounts for the presence of steep slopes, easements, areas under water, and similar features of a property. The presence of steep slopes over 30% slope, which impact the western portions of the site, as well as areas of easement, requires the reduction of net lot area, which provides the basis of the available floor area that can be developed on the lots. Steep slopes and areas of easements reduce the net lot area on Lot A to 7,612 SF and the net lot area on Lot B to 3,846 SE The resulting maximum available floor area is therefore calculated for Lot A to be 3,466 SF for a single-family residence or 3,858 SF for a duplex. Available floor area for Lot B is 2,637 SF for a single family residence. E. Measuring Setbacks. 1. General. Required setbacks shall be unoccupied and unobstructed within an area extending horizontally from the parcel boundary to the setback line and vertically above and below grade, excepting allowed projections as described below. Setbacks conforming to the R-6 zone district requirements and delineated according to applicable code will be meet. The front lot lines for both lots will be oriented towards Colorado Highway 82. 2. Determining Front, Rear, and Side Yards. The front yard setback shall be measured from the front lot line. The Front Lot Line shall be the parcel boundary closest to or dividing a lot from a Street or street right-of-way. All parcels have a front lot line. There shall not be more than one front lot line. The rear yard setback shall be measured from the rear lot line. The Rear Lot Line shall be the parcel boundary opposite the front lot line. All parcels have a rear lot line. A parcel shall have only one rear lot line. Side yard setbacks shall be measured from the side lot lines. Side lot lines shall be those parcel boundaries other than a front or rear lot line. All parcels will have at least one side lot line and may have multiple side lot lines. Setbacks conforming to the R-6 zone district requirements and delineated according to applicable code will be meet. The front lot lines for both lots will be oriented towards Colorado Highway 82. 26.304.035. Neighborhood Outreach A. Purpose. In order to facilitate citizen participation early in the development review process, the City requires development applications to conduct neighborhood outreach. The purpose of the outreach is to inform neighbors and interested members of the public about the project. The applicant niust show a concerted effort inform neighbors and the public about the application prior to the first public hearing. The Applicant will provide neighborhood outreach in conformance with the Sec. 26.304.035.Neighborhood Outreach. The neighborhood outreach will take the form of one or more of the approved methods of outreach, including, but not limited to an information meeting held in proximity to the Property, a detailed public notice mailing, and individual outreach to neighbors. A written summary of the 928 W. Hal/am Street Pif): 273512300015 Page 4 30 September 2014 P623 IX.a neighborhood outreach will be provided and submitted to Staff for inclusion in the official record. 26.710.040 Medium-Density Residential (R-6). A. Purpose. The purpose of the Medium-Density Residential (R-6) Zone District is to provide areas for long- term residential purposes, short term vacation rentals, and customary accessory uses. Recreational and institutional uses customarily found in proximity to residential uses are included as conditional uses. Lands iIi the Medium-Density Residential (R-6) Zone District are generally limited to the original Aspen Townsite, contain relatively dense settlements of predominantly detached atid duplex residences and are within walking distance of the center of the City. Lots A and B which will result from the lot split will conform to all applicable dimensional requirements of the R-6 zone district, including gross lot area, net lot area, lot width, setbacks, and site coverage. 928 W. Hallam Street PID: 273512300015 Page 5 30 September 2014 P624 IX.a ATTACHMENT 2 -LAND USE APPLICATION PROJECT: Name: 928 W. Hallam Lot Split Location: 928 W. Hallam, Aspen, CO (Indicate street address, lot & block nuniber, legal description where appropriate) Parcel lD # (REQUIRED) 273512300015 APPLICANT: Name: Gateway Aspen, LLC Address: 605 W. Main Street, Suite 2 Phone #: 970-930-1754 REPRESENTATIVE: Natne; Stan Clauson Associates, Inc. Address: 412 N. Mill Street, Aspen, CO Phone #: 970-925-2323 TYPE OF APPLIC,A'nON: (please check all that apply): GMQS Exemption D Conceptual PUD D Temporary Use GMQS Allotment U Final PUD (& PUD Amendment) U Text/Map Amendment Special Review U Subdivision U Conceptual SPA ESA - 8040 Greenline, Stream U Subdivision Exemption (includes ~ Final SPA (& SPA Margin, Hallam Lake Bluff, condonliniumization) Amendment) Mountain View Plane Commercial Design Review Â® Lot Split U Small Lodge Conversioni Expansion Residential Design Variance U Lot Line Adjustment U Other: Conditional Use EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) The Property is located within the R-6 (Medium-Density Residential) zone district of the City of Aspen and is located within 100' of Castle Creek. Currently, a duplex residential structure is located on the Property. PROPOSAL: (description ofproposed buildings, uses, modifications, etc.) When subdivided, the resulting two (2) fee simple lots, identified as Lots A and B, will consist of 10,150 SF for Lot A and 6,000 SF for Lot B. Have you attached the following? FEES DUE: $ 3,515 Â® Pie-Application Conference Summary Â® Attachment #1, Signed Fee Agreement Â® Response to Attachment #3, Dimensional Requirements Form Â® Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards 0 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 ofall 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 stinimary willindicateifyou must submit a 3-D model. nu m 0000 P625 IX.a ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: 928 W. Hallam Lot Split Applicant: Gateway Aspen, LLC Location: 928 W. Hallam Street, Aspen, CO Zone District: R-6 (Medium Density Residential) Lot Size: 16,150 SF Lot Area: 11,458 SF (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: 0 Proposed: 0 Number of residential units: Existing: 2 Proposed: Number of bedrooins: Existing: Proposed: Proposed % of demolition (Historic properties only): Lot A: 3,466 SF (SF) DIMENSIONS: Lot A: 3,858 SF (Duplex Floor Area: Existing. Allowable: Proposed: Lot B: 2,637 SF Principal bldg. height: Existing: Allo-wable: Proposed: Access. bldg. height: Existing: Allowable: Proposed: On-Site parking: Existing. Requ ired: Proposed: % Site coverage: Existing. Reqttired: Proposed: % Open Space: Existing: Required: Proposed: Front Setback: Existing: Required: Proposed: LotA: 10;, Lot B: 10' Rear Setback: Existing: Required: Proposed: Lot A: 10'or 5', Lot B:10' or 5 Combined F/R: Existing: Required: Proposed: 20' or 15' Side Setback: Existing: Required: Proposed: Lot A: (w) 20'; (e) 15' Side Setback: Existing: Required: Proposed: Lot B: (w) 5:, (e) 10' Combined Sides: Existing: Required: .Proposed: Lot A: 35', Lot B: 15' Distance Between Existing Required: Pr(,posed: Buildings [Existing non-cont'ormities or encroachments: none. none. Variations requested: P626 Attachment 4 IX. a /icinity Map Legend j,Â« Greenline 8040 ~, 100 Year Flood Zone ~ Stream Margin ~4 ' |--1 Clty of Aspen CA/1 k 1 / Y /1 \ ./ Addresses /6 \ a 101 - / %Â»1 4 .4 CI] Airport ~V'' Major Roads t Â» Roads 1/ 44% 1 I I--Â· ,~/ Eagle and Garfield CO t 3 Roads 4. I .u Â»- ..J I I . 1 1.4 rj /,Â· * , 9/0 - A 3, 1.; *[r] Edge of Pavement Aspen ~v' Edge of Pavoment Pitkin Aff i 928 + A , 11 5 K i ? 1 , d Drives i; 4 I 1 st U < ,Â·./ Rivers & Streams /1 / 1 Subdivisions f t J 5 , , 1- t .. â‚¬â€žE * .I it Structures ABÂ¥,en H'*i,r,1 Â·u /1 / 11 1 Condos 74* ; 1 1/ 9220 j *253, Parcels -- CJ Lakes & Ponds 4 1 2 m Overlays - 1Â¥*lu, 9 / 11 -- City of Aspen Zoning . A 41 87_W HALLAM ST All 1 4..U C jf'Â» C 1 j 842 3 p j ,/EE./. CC /* L MU Subject Property nol zoned 0S P PUD R.M f R.<MFA R 15 RÂ·1!A R.150 . R.3 R 30 R.0 RR F. se' +449. 1 SKI 928 W. Hallm Street PID: 273512300015 30 September 2014 P627 IX.a Pitkin County Assessor Parcel Detail Information Assessor Property Search I Assessor Subset Query I Assessor Sales Search Clerk & Recorder Reception Search I Treasurer Tax Search Search GlS Map I GIS Help Basic Building Characteristics I Value Summary Parcel Detail I Value Detail 1 Sales Detail I Residential/Commercial Improvement Detail Owner Detail I Land Detail I Photographs Tax Account Parcel Property 2013 Mill Area Number Number Type Levy MULTI 001 R005321 273512300015 32.843 UNIT Primary Owner Name and Address CRYSTAL PALACE CORPORATION PO BOX 32 ASPEN, CO 81612 Additional Owner Detail Legal Description Subdivision: CITY AND TOWNSITE OF ASPEN Block: 4 Lot: .K Unit: PT AND:- Lot: L AND:- Lot: M Section: 12 Township: 10 Range: 85 TRACT OF LAND IN SW4 (ALSO SOMETIMES KNOWN AS LOT 9) SEC 12-10-85 DESC BY MB BK 385 PG 357 & TRACT FORMERLY KNOWN AS PARCEL C OF HERNDON SUB FIRST AMENDMENIT Location Physical Address: 928 W HALLAM ST ASPEN Subdivision: ~| P628 X.a IFITY AND TOWNSITE OF ASPEN Land Acres: 0.000 Land Sq Ft: 15,500 Section Township Range 12 10 85 2014 Property Value Summary Actual Value ~ Assessed Value Land: 1,600,000 I 127,360 Improvements: 71,800 5,720 Total: 1,671,800 133,080 Sale Date: Sale Price: Additional Sales Detail Basic Building Characteristics Number of Residential 1 Buildings: Number of Comm/Ind 0 Buildings: Residential Building Occurrence 0 Characteristics FIRST FLOOR: 864 ENCLOSED PORCH: 104 2ND FLOOR: 384 FINISHED BSMT: 378 WOOD DECK: 4,546 Total Heated Area: 1,626 DUP/TRIPLEXES - Property Class: IMPROVEME Actual Year Built: 1956 Effective Year Built: 1956 Bedrooms: 4 Baths: 2 P629 Quality of Construction: ~~AVER T 11 | IX.a Exterior Wall: WD SID AVE Interior Wall: DRYWALL Floor: BASE Heat Type: WL/FLR FRN Heating Fuel: GAS Roof Cover: ASP SHINGL Roof Structure: GABLE/HIP Neighborhood: NORTH "WEST END" ASPEN Super Nbhd: CITY OF ASPEN Top of Page Assessor Database Search Options Pitkin County Home Page The Pitkin County Assessor's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Pitkin County Assessor's Offices are unable to warrant any of the information herein contained. Copyright Â© 2003 - 2014 Good Turns Software. All Rights Reserved. Database & Web Design by Good Turns Software. Attachment 5 - ~ LEGEND AND NOTES . C U..O ./teâ€¢' U -0CMED I ..'ET CON"Ot FENCE A **40!1 $~el~SION 'S CkITIODal *iâ„¢ â„¢E .â€¢AEY FOÂ» RLOC* I *)M C~110Â·: 10*... 8 7 0 N.E.'ti C . . 0 (10.,losT u S SUR./ râ‚¬OT USED TitÂ·.E ,@Age$,~- 21 FURNIMD B'f ,Â·E~ART Â·/E 'PE,i W. 0,338Â·â€¢3,45 * MT (.-CUES ./CT:â€¢E .TE JU.â€¢ 7 .014 AD, #â€¢Â»I 510Â·â€¢ UC~ ~E PLA' il At ~GE 4 ' 1 FR' 1 TIE C./I I." 9 ./.0 ............. 1 ; 0 ./,1.4, ck I. Câ€¢DEC.C# M.CONIFER /-/i.4 i O + P ARCEL 2 ; bÂ¢Â·S a~Fe IS S i~!ED iN 30kE x iAÂ»mAS CzTE*MII..C 1~ 1 DJ-S~08 500 ~Ea F.000 kALIG is Sâ€¢e~ ON FLS'D Li;5~ANCE 'ATE .. 'IPâ€¢*ED EY F E '. ' ~ ' i Ii. Caâ€¢'. COLOI.N. COF-/1 -Pm' Â»I. EA 66>UÂ¢:04 c E.'FÂ¢fri SLOPE ANALISTS 1 HE,&00~ LED!,4 3 j WE -4 ..7 j '3 1 ..15 ./.TY LIE' t.! 'Er oUT& I of i. ./-Y . t: 64 </.* p./D I ./ .Â·L' N - SLOâ€¢ES 1 ' i 1 jâ€¢"BA AS DEF|mED BÂ¥ TWE Citi oF AIP[,1 4,;TEM NAINACE NAN PRed-Cl ~D#* .963 ~ PARCEL i ~ w&*VKY ~,jy to.wia! ....D ....../0/% /w/ *4Â» ; /i loj / 1 .iâ€¢E~â€¢ ME.. j J #*â€¢m. i 6 1 3 3,â€¢, 05'Â·&'ll,1. 7, 4 .... r ' ~154 U.M, ' I, 1 '0, ~ ~t 4/62.0-2. M v.*c 0 . 4- 46 4 , 1 i 0 / S npt__--,Cta.ty_6 4. >~ lo" co.:s ./:2/ 02 I L _ _ 2'19Â·2-pE_/_M.flo"l-,~i.~ 0 2029 790, . , w 1 FliT ; 13,2.12 Ii, 14.-94-17Â«i //5. 1 /h '? N- Iâ€¢Â¥El C.....#I â€¢ j *42 4,0 6 Mt,; 4.02 Â«SE .3,1 84 9 : Câ‚¬*!LeÂ¢4T 6.1 e.,Mg CAP -4, aC ....0 0 /Â¥31,1 +I.A. ....Ti: i ' 3-El/T T.I . t./. i ./ nfl ilâ‚¬ .NDE....A-ES -t T. DEPJ SED 46~Pi .S Al'.t .'~LS - - L411:,IiI â€ž E- .1/.&..... %211 u Â·'Â·- 9 b 1HO' A~ * .. W . D Â·- =. ~ ' :â€¢. I..1 "r L,5 -~ .1, I r 1 f LOT Bl I'' \H I 1 9% AVE'. ...C C... AJ~ I RECS- gr . .:Be Is ie E--8,* APE Exela Â·. 3 -URÂ¥El 1 ENC?,O//' EA'E-EN,5 OR R ExCUL.UME#. ....;j... ./. 1 :i I â€¢ . AlÂ¥:Ele'li. â€¢ I:le.5 Clifyi. ;-f_ 197'al Â«4Â«.1- P. -'//rd :â€¢â€¢1. .SE' ./. VICINITY MAP CO ..1* 0 t. '|. |' I : '. C: LORADO STATE \ -Â¥0.-PER#&2 ' *th.~Â·~ IMPROVEMENT TOP0GRAPH1C SURVEY 0, A /0/ f'99Â». f ,# -* =Frf4,412cÂ°Â° ~ .0 6... ./. 65./. nâ‚¬ I. P I ' '/.Cl/Ti 'Lolte *6 'AV A ...' S LMD '0//0 I ./ 1. Â·4 UL. .... AS L. g. 8.... '2 T..... % / ' 0 ' Â»C~ Â£ 4 '0.0*s <0 .0. .4 f ~43,4 F Nt;.. \11-~4.- DES:h,UNC Ar nâ‚¬ .1. D + .'1XECTI. I - NoNâ„¢6.a P.GHT . m 3 . INE ST HALLAM REST Cole,/ STAE.*Â»Â¥ No I â€¢,t . I. Ptli : I . DIE Cttr CF 'PE~ . aciTED r /2 ~9 OFAS 4 ~*VE' 0$ WO Citv 1Â«CE ,:ORT?Â· 7 gAEES S; 6 ,AST = .to iHI Ull.t UNE. M ' 4 MINT . IME Non~ LINE 0Â¥ Ik.â€¢M /87.â€¢Â·811CE No*â„¢ ./.EES / %261 ALDNG r.,E ./' ... R'jÂ·i $2EET. @0. /E+Â· THEhCE ./. !0 'GREE. ~3 EA.. 8 Fâ‚¬Ei: ...CE ... 47.... :1 ./ U 44 FEE- ME ... -0 bf Ell.' t . I . Dism,; I .'ME Beâ€¢I ' 1- 5/1/ I ./.E /' 404 lit I.'EU // OF ./. I. 7, . AEEr ./E . 'E35 -C A .1. El 'E -4./ 41(41' 0% #Ar Wâ‚¬ OF CaOMO STATE HICF~AY " , '.S TO ~/ NT ./3.... P.*al ? P*(EL 'C J .... ". ' ll ./.1â‚¬.- To t. HER. 0/ 5UEOUSI.. ...GED ;ESÂ».9*Y M. 1.' 11. *00* 1, â€¢' RlE â€¢4 CilÂ¥ C; A~FEN f-1 9230% STAE OF Â·~010~â€¢00 Â·20;A Â»,43 11/ SO F~ A. 0 320 08 Â·Â·Â· % C. P.- 46,4. I ASPEN SURVE' W.INFER ,. le'C N Sou!, *9* imEE' 4PEt, C~0*~0 0:SU 1?&61:111*3Â·'475,2,-Â·L#'457 P~E.Â·20 1~201 G25 3;16 @i Z'Ed;FililEâ‚¬E-t 2.Cd? .: 41 Â» ?:1 JOB I.K ASTLE P630 Attachment 6 P631 IXa COMMUNITÂ¥ DEVELOPhhiNT DEPARTMENT Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attorney representing the properly owner. Name: Gateway Aspen, LLC Property Owner Â· Email: Phone No.: Address of PropertyÂ· (subject of application) I certify as follows: (pick one) X This properly is not subject to a homeowners association or other form of private covenant. I~ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. Evidence of approval is attached. I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I understand that this document is a public document. / 0, N % 4//0 / 2 -4 11,054< Owner signature date: 9/1/14 Owner printed name: Michael H Brown or, Attorney signature: date: Attorney printed name: Attachment 7 1,3. I GATEWAY ASPEN LOT SPLIT '!,f ivt *4 A TRACT OF LAND LOCATED IN THE SW1/4 (ALSO KNOWN AS LOT 9), SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH P.M., CITY OF ASPEN, PITKIN COUNTY, COLORADO 2 Â£ 44'i 4 L. -- i i 1 - 10\ -Â· ..., 8.~ Cr â€ž4/ f V 1 8 75bcÂ·00Â·~ ~ /13 2--1 4 .0~':9?61 0 - \ 44 -- - / 9 0-~ râ€ž +~.i'-- i i 4 W ram a -I ## A.WA-,4 Ur 0 1 -h. 1( i~ 1 US WRVEn'CXOr 1220 29%. -- ~ -- flk...f .... -- 1 1 -- hÂ«N'04 h . V..7 0,rE~Â© Ed#. / 2.-il,1.~14 /~ AWâ€¢Â·EkÂ©T .% 1 '/ImO-/IUM.... ./.ElÂ·â‚¬/ Noelt~ f--1+2 - ! it. 87/3/) 48 78) CÂ·' iM *~J,NI' T ; '2 . Ar ... - - , , j . ~# _f._ Â·Â·--- .1M . ~~~ '~ ..I- I 9 1. 1~ I-/ 3333% N 89Â·3305~E 60184' Fâ‚¬13 nE . 0./ 0/ / r - 1.1-; 7 / ........ //1 / i -- .... . I / I , f. , --h 1 /-1 i Lpt A I i /74# 0 ; -* ; CERMAC#IX O.DED;G:trm'ANDOWNE.R.. i 3 '.Cul r < 2/ r ~24(Â·TO,-=mswaweer,o=Asior~Sm(=Mit,O~-:0=mU~52/ 1-1 P ---- /-1- m. m mÂ·N i . 1,1~1 erer,COCC,24;CA,Â£â€¢0,9,6, Di SCN:BED . K)I LOW2 . i---T---7J1,g,r,wro,=11:gr:*NZCâ„¢,10'T!,mM,NEn:It,~Iff(,WA~f~01:0, CculeADO*T,al .....r/4,}t,D*Ras.....Au:@1.........al./.0ToÂ¥/CE ' ~ F,Nal; 1058,/....4,0,/.....ingnt,irCEMk,â„¢0.0,2/,ar , J **STALONonâ‚¬I~,!im~~,51;E.@imPO........~=sm....Mneo ASPE:f/FFÂ·TKIN COMMU!,FIDEVELOPMENT DEPARâ„¢ENTAPPE,wl . t.,Cal Â·t' 1 k 14@ i f ,*,/ ==~'~BrA~~FO~g~DO~-ON-}-2~ 6,000*gil ; I: cmÂ©,.Ill 1 - , --90 0. *.M<=Â£2!ex) Col...= CO.rk..2....â€¢60-98/~RSâ€¢/Â· - t C: 4 74.t o/ /Â· i CITY =GINEER REVEW r,Mat'hu-gi.m.-%.?MO~ CS*7*.8730@1.jUG=1Di~R0WUEN./00~Â£2RE@rhU,WE/m//Rf....alâ„¢2 E=,=Ropâ„¢:ar,OFâ€¢,50,071=j. .i. EN,>al-I,/RED< 0Â¢u~On#.......=:rilq6"gl=./.DDKRUaral.... By Ste/Â¢20~ 1 TEZE CERTIFÂ£42 - CKJUÂ¥rÂ¥ ./rl ' - f - *c..-Wno~~s - ,"2 ZEÂ·,1.1. .5 'GE 166 Â®u'Le . fs ,"C it . I . - =:~--=6.::ri~m::= m*Mf..........CLEAR.../4%;2& â„¢a& I. -. I Â· / /(4 '510'/ I.68) .1.n,]3__.__Â£4Ur. AD l. , < .4 75/9'1 W 7 44' CALC ....".% mJ, COLOR/t'Do i/ AOTES . . 1 ASFENCINaLAPPROVAL %7 yrill? Ii,G h . 7-53"CE :00/ RECORDERS AND CLERK CZErill/Ara 200' /06Â»X) PriOLUC>A 24.... % ~19' CA~C 134240 0*Â»~s,sB=&=i~~~.ate,3~=Me/M=. .gS.DIC.CATMI'lu* 103?C . 2.RFE;pR'Sg#R]vt(JA77 i mcq,/ ...........ly.....0~ ....O...0 cuÂ« W) =/112Â£2 00,MME MArl.*y .UP.UrS,!rAS 1.(E,OUr. RAFIU OUKZtâ„¢O.UDSHO~7(~RS1' 7*2~1,Â·i,Â·, .. 40:. 12..1 2.Â·1 NOUJÂ¢".W~TÂ· 1 b D/C E Se' ~5632$32Â£832==-C . b > GATEWAY ASPEN LOT SPLIT 5 - / 3 1 e I #/=Et /Iâ€žIn~~~~~ 1~ h Yi ' ATRACTOFIAND 1.OCATED INTIm SWI/Â¢(ALSOKNOWNASLOTt. 1 - %287,7,7 SECTIONT~~trZ~,WKCit:%72%12~~67HPM. of 1 ;-m.als 21\ W.'---AbbRES& 928 8{Ul.Ul S.EsT 3.,2 /4 %-, 5 01 I.'00/ '0 03') P633 IX.a stewart title 620 East Hopkins Ave Stewart Title - Aspen View your transaction progress 24/7 via Stewart Online Aspen, CO 81611 Ask us about your login today! Date: September 16,2014 File Number: 01330-43845-Amendment No. C6 Property: 928 West Hallam Street, Aspen, CO 81611 Please direct all Closing inquiries to: Priscilla Prohl-Cooper Phone: (970) 925-3577 Fax: (866) 277-9353 Email Address: pprohl@stewart.corn SELLER: BUYER: Crystal Palace Corporation Gateway Aspen LLC, a Colorado limited liability company Delivery Method Emailed Delivery Method: Emailed Listing Agent: Selling Agent: Aspen Snowmass Sotheby's International Realty Aspen Snowmass Sotheby's International Really 415 East Hyman Avenue 415 East Hyman Avenue Aspen, CO 81611 Aspen, CO 81611 Contact: Carol Dopkin Contact: Lex Tarumianz Phone: (970) 925-6060 Phone: (970) 925-6060 Fax: Fax: Email: carol.dopkin@sothebysrealty.corn Email: lex@pyramidadvisors.net Delivery Method: Emailed Delivery Method: Emailed Lender; Bank of Colorado 655 E Valley Rd Basalt, CO 81621 Attn: Bryan Chochon Phone: (970) 704-1144 Email Address: bryan.chochon@bankofcolorado.com Additional Contact: Phone: Fax: E-maiIAddress: Additional Contact: Phone: E-mail Address: Delivery Method: Emailed We Appreciate Your Business and Look Forward to Serving You in the Future. P634 IX.a stewart title Stewart Title - Aspen 620 East Hopkins Ave Aspen, CO 81611 (970) 925-3577 Escrow Number: 01330-43845 WIRING INSTRUCTIONS US Bank 535 Westminster Mall Westminster, CA 92683 Beneficiary: STEWART TITLE ACCOUNT #: 153910695078 Routing/Transit #: 123000848 PLEASE REFERENCE: Escrow Number: 01330-43845 Escrow OHicer: Priscilla Prohl-Cooper Property Address: 928 West Hallam Street Aspen, CO 81611 Buyer/Borrower: Gateway Aspen LLC, a Colorado limited liability company "Please be aware Stewart Title cannot accept ACH'S to our Escrow Account" File No.: 01330-43845 Page 1 of 1 P635 IX.a 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 jn 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: stewart /3~Â«7 -p ,/7Â»7 17- - .. 40Mt EAUL,0., title guaranty company / /7 W'th / // ( c/-11 + - \ Matt Morris Authorized Countersignature - President and CEO fifog'f,#44 2. 3.04': 11 Stewart Title - Aspen AU b *- U 0't AnA/h 620 East Hopkins Ave 0 Â·~ 1 908 Â· 03 Aspen, CO 81611 . .. rExks I (970) 925-3577 Â· (i' Denise Ca'haux ' secretary Copyright 2006,2009 American Land Title Association. All rights reserved, ,â€¢. Ill R I AN The use of this Form is festicted to ALTA licensees and ALTA membefs in good standing asof the date of use, 11â€¢.D /Ul All other uses sre proh;bited. Repnnled under Ircense from the American Land Title Association .t. i ..t". File No. 01330-43845 ./ 004-UN ALTA Commnment (6/17/06) Y.. P636 IX.a 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 induded 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.alta.orcit>. 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 RO. Box 2029, Houston, Texas 77252. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is festrided to ALTA liceisees and ALTA members in good standing as of the date of use. A U ! RH A I All other uses are prohibited, Reprinted under kense from the American t.and Title Association. 1 Va~ DItt File No. 01330-43845 4 14.Â·r: 004-UN ALTA Commitment (6/17/06) E .... P637 IX.a COMMITMENT FOR TITLE INSURANCE SCHEDULEA File No.: 0133043845-Amendment No. (6 1. Effective Date: August 21, 2014 at 8:00 A.M. 2. Policy or Policies to be issued Amount of Insurance (a) A.L.TA Owner's Policy 2006 (Extended) $1,350,000.00 Proposed Insured: Gateway Aspen LLC, a Colorado limited liability company (b) A.L.T,A. Loan Policy 2006 (Extended) $922,311.25 Proposed Insured: Bank of Colorado, its successors and/or assigns 3, The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple as to Parcel 1 and 2 and an Easement Interest as to Parcel 3 4. Title to the said estate or interest in said land is at the effective date hereof vested in: Crystal Palace Corporation 5. The land referred to in this Commitment is described as follows: Parcel 1: A tract of land located in the SWIM (also known as Lot 9), Section 12, Township 10 South, Range 85 West of the 6th P.M.: Pitkin County Colorado, more fully described as follows: Beginning at the point of the intersection of the Northerly right of way line of Colorado State Highway No. 82 and the West limit line of the City of Aspen as located by the 1959 official survey of said city; thence North 7 Degrees 53'16" East along said West limit line, 8 feet to a point on the North line of Hallam Street; thence North 75 Degrees 10' West along the North line of Hallam Street, 10.58 feet; thence North 10 Degrees 15' East 95.8 feet; thence North 87 Degrees 23' West 167.44 feet more or less to the Easterly line of an existing service road ; thence South 1 Degree West along the Easterly line of said road 70.03 feet more or less to a point on the Northerly right of way line of Colorado State Highway 82; thence South 75 Degrees 10' East along said right of way line 166.09 feet, more or less, to the point of beginning. Parcel 2: Parcel "C", according to the First Amendment to the Herndon Subdivision recorded February 24,1981 in Book 11 at Page 14 Parcel 3: Easement according to Driveway Easement Agreement recorded May 29,2014 as Reception No. 610646. County of Pitkin, State of Colorado Copyright 2006-2009 American Land Title Association. All rights reserved. :-1.11. The use of this Form js restricted to ALTA kensees and ALTA members .n good stand ng as of the date of use. 0 1)1'.4 All other uses are prohibited. Reprinted under Ecense from the Amencan Land Ttle Associallon. ,/.1. .,13 File No. 01330-43845 Page 1 of 3 STEWART TITLE CO STG ALTA Commitment Sch A STO GUARANTY COMPANY WY P638 IX.a Purported Address: STATEMENT OF CHARGES 928 West Hallam Street These charges are due and payable Aspen, CO 81611 before a policy can be issued See Attached Statement of Charges Copyright 2006-2009 American Land Title Association. All rights reserved. ......... The use of this Form is resttted to ALTA kensees and ALTA members in good stand ng as of the date of use. 1. 6% 1 k I l 4, S, All other uses are prolibited. Reprinted under license from the Amencan land Title Association. ; "I. /.1 File No, 01330-43845 Page 2 of 3 STEWART TITLE CO STG ALTA Commitment Sch A STO GUARANTY COMPANY .Â·V.. r.'.$ P639 IX.a SCHEDULEA STATEMENT OF CHARGES Basic Rate 2006 Owner's Policy $2920.00 Owner's Extended Coverage: $65.00 Tax Certificate. $20.00 Additional Chain $150.00 Alta 17.1-06 $292.00 Alta 9.2-06 $292.00 Alta 18-1-06 $85.00 Alta 19-06 $85.00 Alta 25-06 $292.00 $292.00 Alta 35.3-06 2006 Lender Policy $150.00 Alta 8.1 $50.00 100.29 $223.00 Copyright 2006-2009 American Land Title Association. All rights reserved. - The use of this Form is restncted to ALTA I.consees and ALTA members M good stand'ng 89 of the date of use , Al , I, "t All other uses are prohibited. Repnoted under I cense from the American land 11'le Association. ;'.1, t.* File No. 01330-43845 Page 3 of 3 STEWART TITLE CO STG ALTA Commitment Sch A STO GUARANTY COMPANY .2-J P640 IX.a COMMITMENT FOR TITLE INSURANCE SCHEDULE B PARTI File No.: 01330-43845- Amendment No. C6 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. Evidence satisfactory to Stewart Title Guaranty Company of payment of all outstanding taxes and assessments as certified by the County Treasurer. 4. A Execution of Affidavit as to Debts and Liens and leases and its return to Stewart Title Guaranty Company. NOTE: If work has been performed on, or in connection with, the subject property (architectural drawings, soils testing, foundation work, installation of materials), please notify the Company's escrow officer within 10 days of receipt of this title commitment. 5. Payment of any and all Homeowners assessments and expenses which may be assessed to the property. 6. Evidence satisfactory to Stewart Title of Colorado, Inc. furnished by the Office of the Director of Finance, City of Aspen, that the following taxes have been paid, or that conveyance is exempt from said taxes: (1) The "Wheeler Real Estate Transfer Tax" pursuant to Ordinance No. 20 (Series of 1979) and (2) The "Housing Real Estate Transfer Tax" pursuant to Ordinance No. 13 (Series of 1990). 7, [Intentionally deleted.] 8. Relating to Crystal Palace Corporation, The Company requires for its review the following a) A copy of the articles of incorporation and bylaws b) A satisfactory resolution of the Board of Directors authorizing the proposed transaction (Shareholders Resolution where applicable) c) A Good Standing Certificate evidencing that the corporation is in good standing in the state of its incorporation d) Execution and recordation of Statement of Authority pursuant to the provisions of Section 38-30-172 C.R.S. Note: At the time the Company is furnished these items, the Company may make additional requirement or exceptions. 9. * Relating to Gateway Aspen LLC, The Company requires for its review the following: a) Copy of the "Articles of Organization", the Operating Agreement and the regulations of the limited liability company and any amendments thereof b) A certificate of good standing, evidencing that the company is in good standing in the state of its formation c) Execution and recordation of Statement of Authority pursuant to the provisions of Section 38-30-172 C.R.S. Note At the time the Company is furnished these items, the Company may make additional requirements or exceptions. 10. Deed from vested owner(s) vesting fee simple title in the purchaser(s). NOTE: Notation of the legal address of the grantee must appear on the deed as per 1976 amendment to statute on recording of deeds CRS 38-35-109 (2). Copyright 2006-2009 American Land Trtle Association, All rights reserved. - The use of this Form is restricted to ALTA 1 censees and AL TA members in goo d stand-ng as of the date of use. ../.1 , li I. All other uses are prohibited. Reprinted under license from the American land TRIe A550dation. 4%%/ 'f/t File No. 01330-43845 Page 1 of 2 STEWART TITLE CO STG ALTA Commitment Sch B I GUARANTY COMPANY Â·- k P641 IX.a COMMITMENT FOR TITLE INSURANCE SCHEDULE B PARTI 11. Deed of Trust from the Borrower to the Public Trustee for the use of the proposed lender to secure the loan. NOTE: The vesting deed is shown as follows: Warranty Deed recorded February 24, 1981 in Book 404 at Page 763 and deed recorded March 25, 1980 in Book 385 at Paae 357. Approval to issue this policy must be obtained from authorized Underwriting Personnel of Stewart Title Guaranty Company. This commitment and any policies to be issued are subject to any additional limitations, requirements or exceptions made by Stewart Title Guaranty Company. Copyright 2006Â·2009 American Land Title Association. All rights reserved. .,I.'- The use of this Form is restrcted to ALTA Lcensees and ALTA members in good stand'ng as of the date of use VMI 3 It 14 B'* f '*1/ All other uses are prohibited. Reprinted under IÂ·cense from the American land Tltle Association. File No, 01330-43845 Page 2 of 2 STEWART TITLE CO STG ALTA Commitment Sch B I GUARANTY COMPANY Â£77-~ P642 IX.a COMMITMENT FOR TITLE INSURANCE SCHEDULE B PARTII File No.: 01330-43845-Amendment No. (6 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, lions, 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. â€¢Taxes and assessments for the year 2014 and subsequent years, not yet due and payable. 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. Reservations and Exceptions as set forth in the Deed from the City of Aspen recorded January 21,1888 in Book 59 at Paqe 306 providing as follows: "That no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper or to any valid mining claim or possession held under existing laws. 11, Right of Proprietor recorded December 3, 1892 in Book 55 at Page 35. 12. [Intentionally deleted.] 13. [Intentionally deleted.] 14. Herndon Subdivision Plat recorded August 15,1980 in Book 10 at Paae 31 and First Amendment recorded February 24,1984 in Book 11 at Page 14. 15. Record Overlap with subject property as shown on the Subdivision Exemption Plat for Aspen Historic Cottages recorded January 27, 1999 in Book 48 at Page 43. 16. Driveway Easement recorded May 29,2014 as Reception No. 610646. Copyright 2006-2009 American Land Title Association. All rights reserved. - The use ol this Form Is restrided to ALTA ticensees and ALTA members in good stand ng as of the date ofuse. ..DilÂ¢,4 AJI other uses are prohibited. Repinted under kense from the Amencarl Land Title Association. : 4.1 "fl> File No. 01330-43845 Page 1 of 2 STEWART TITLE CO STG ALTA Commitment Sch B 11 STO GUARANTY COMPANY .pf-: P643 IX.a COMMITMENT FOR TITLE INSURANCE SCHEDULE B PARTII 17. â€¢Any and All Leases and Tenancies. NOTE: Will be deleted if Seller provides an affidavit that there are no leases and tenancies affecting property. 18. Any rights, easements, interests or claims that may exist by reason of or reflected by the following facts shown on the survey dated July 2014 by Aspen Survey Engineers, Inc: Any possessory interest claimed due to the fence line location along Eastern boundary and any claim on land shown as 'status of ownership unknown' on survey. 10' Electric and Communication Easement along Northern boundary. NOTE: Exceptions 1 and 4 may be deleted from the policies, provided the seller and buyer execute the Company's affidavits, as required herein, and the Company approves such deletions. If work has been performed on, or in connection with, the subject property (architectural drawings, soils testing, foundation work, installation of materials), and the Company has not reviewed and approved lien waivers and indemnitor financials, Standard Exception 4 (mechanic lien exception) will not be deleted and no mechanic lien coverage will be furnished. Exceptions 2 and 3 may be deleted from the policies, provided the Company receives and approves the survey or survey affidavit if required herein. Exception 5 will not appear on the policies, provided the Company, or its authorized agent, conducts the closing of the proposed transaction and is responsible for the recordation of the documents. â€¢ Exception 6 is hereby deleted. Copyright 2006-2009 American Land Title Association. All rights reserved. .... The use of this Form is restricted to ALTA kensees and ALTA members in good stand ng as of the date of use. %,i *!4%'Â· All other uses am prohÂ·bited, Reprinted under license from the American Land Title Association. ./.'/1 File No, 01330-43845 Page 2 of 2 STEWART TITLE CO STG ALTA Commitment Sch B Il STO GUARANTY COMPANY -L- P644 IX.a DISCLOSURES File No.: 01330-43845 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 COUNTYASSESSOR 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 - Aspen 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 preniium; 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 INCLUDESAN 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.: 01330-43845 CO Commitment Disclosure P645 IX.a STG Privacy Notice 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 title 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 drivers 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 thal we choose to share; and whether you can limit this sharing. Reasons we can share your personal Itiformation. Do we share Can you limit this sharing? For our everyday business purposes-to process your transactions and mainlain your account. This may include running the Yes No business and managing 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 Yes No yOU, 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 Yes No non-financial companies. Our affiliates may include companies with a Stewart name, financial companies, such as Stewart Title Company For our affiliates' everyday business purposes- Information No We don't share about your creditworthiness. For our affiliates to market to you - For your convenience, Yes Yes, send your first and last name, the email Stewart has developed a means for you to opt out from its affiliates address used In your transaction, your marketing even though such mechanism is not legally required. Stewart file number and the Stewart office location that Is handling your transaction by email to optout@stewart.com or fax to 1-800-335-9591. For nonÂ·affiliates to market to you, Non-affiliates are companies No We don't share not related by common ownership or control. They can be financial and nor-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 notify me We must notify you about our sharing practices when you request a about their practices? transaction. How do the Stewart Title Companies protect my To protect your personal information from unauthorized access and use, we personal Information? use security measures that comply with federal law. These measures include computer, file, and building safeguards. How do the Stewart Title Companies collect my We collect your personal information, for example, when you personal information? â€¢ request insurance-related services â€¢ 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? Althbugh federal and state law give you the right to limit sharing (e.g., opt out) in cedain 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.Â· 01330-43845 Page 1 Revised 11-19-2013 P646 IX.a Attachment 9 Mr. Michael H. Brown Gateway Aspen, LLC 605 W. Main Street, Suite 2 Aspen, CO 81611 Tel: 970-930-1754 24 September 2014 Ms. Sara Adams, AICP Senior Planner, City of Aspen 130 S. Galena Street Aspen, CO 81611 Re: Authorization to Submit Land Use Application Dear Sara: This letter is to certify that Gateway Aspen, LLC, owner of the property located at 928 W. Hallam Street, Aspen, give Stan Clauson Associates, Inc., and its staff, permission to represent Gateway Aspen, LLC in discussions with the City of Aspen regarding the development of the property. Gateway Aspen, LLC has retained this firm to represent us in the application for this project. If you should have any questions regarding this matter please do not hesitate to contact me. Contact information for Stan Clauson Associates is as follows: Stan Clauson, AICP, ASLA Stan Clauson Associates, Inc. 412 N. Mill Street Aspen, CO 81611 Tel 970-925-2323 Fax 970-920-1628 Very Truly Yours, -/' #A 447/1.- / if' Michael H. Brown Managing Member Gateway Aspen, LLC P647 Attachment 10 RECEPTION#: 610646, 05/29/2014 at 02:04:39 PM, 1 OF 6, R $36.00 Janice K. Vos Caudill, Pitkin County, CO IX.a VAOCT-25-2013 12: 24 BIGHORN REALTY 970 349 6214 P.01 DRIVEWAY EASEMENT AGREEMENT THIS DRIVEWAY EASEMENT AGREEMENT Â¢'AerÂ¢emenf') is made andenteredinto this 2544 of October 2013, by and between THE CRYSTAL PALACH CoRpoRATION, a Colorado corporation ("CrysÂ® Palave"), and GEORGE W. MADSRN, k. and ColUWELIA GAI.1.AHiÂ·:11 MADSEN 0/k/a CORNE.I.TA G. MAPSEN (collectively "Madsen"), WITNESSETH: WHEREAS, Crystal Palace is the owner of the real property described as A tract of land located in the SW1/4 (also sometimes known as Lot 9), Section 12, Township 10 South, Range 85 West of the 6'h P.M., more particularly described in the Warranty Deed recorded in Book 267 at Page 894, ReccptionNumber 154704 ofthe PitkinCountyreal property records (tho"Crystal Pologe hgBIix"); and WHEREAS, Madsen is the owner oft]Ic real property described as Parcel 1 of the Second Amondmont to the Herndon Subdivision, according to the Plat thoreofrecorded August 10, 1984 in Plat Book 16 at Page 49 of the Pitkin County real property records (the 'Madsen Property"); and WHEREAS, the Crystal Palace Corporation Property and the Madsen Properly are contiguous; and WHEREAS, the Madsen Property is contlguow to a public alley that is located intl'~e City ofAspen between West Hallam Street and West Francis Stmet, running west from Eighth Street to thc Madsen Property (the "Adiacent AlloY"); and, 3 (6 WHEREAS, Crystal Palace desires to acquire an easement from Madsen, through the Madsen Property, connecting the Crystal Palace Property with tho Adjacent Allcy for ingress and egress loand tromlho Crystal Palaco Property to tile Adjacent Alley, 811 83 illustrated on Exhibit A attached hereto and by this retbrence incorporated herÂ©in, and Madsen is willing to grant such an easement, on the terms and conditions hereinafter set forth; d NOW, THEREFORE, for good and valuable considwation, the receipt and sufficiency of which is hereby acknowledged, and in further consideration ofthe terms, conditions, covenants and mutual promises contained herein, the parties hereto agree as follows: 1. Grant of Easement. Madson hereby granls, transfers and conveys unto Crystal Palttce and Crystal Palace's successors and assigns forever in the ownership of thÂ© Crystal Palace Property, a perpetual, non-exclusive asement and right-of-way over, across, under and along that certain Easement Area set forth and described on Exhibit A attached hereto and incorporated horein by this reference (hereinafter the "Easement"). Said Easement may be used for 11]1 forms of surface travel for purposes of unobstructed access, ingress and egressto and from the Adjacent Alley to the Crystal Palace Properly, und at] parts thereof, for all lawful uses ofsaid Ctystal Palace Property, and for the installation, maintenance and use of underground utilities serving said Crystal Palace MACINWSHIUkUSOM:DINGLERARY MAIL DOWNLOAD:Â·DRI VOWAY RAS'tpÂ¥241Â·11.,oc P648 RECEPTION#: 610646, 05/29/2014 at 02:04:39 PM, 2 OF 6, Janice K. Vos Caudill, Pitkin County, CO IX.a OCT-25-2013 12:24 BIGHORN REALTY 970 349 6214 P.02 Property, and shall be deemed an easement appurtenant to the Crystal Palace Property. Madsen represents thal Madsen is the record owner ofthe MadsenProperty and has full power and authority to execute this Easement Agreement. Otherwise, theEasement is granted withoutwarranties of title, Madsen expressly reserves the right to utilize the land within the Easement for alltawful purposes which do not interfere with the exercise and enioyment by Crystal Palace ofthc easement rights granted to Crystal Palace hereunder. In addition, Madsen expressly reserves the right to tap into any public utilities installed in the Easument by Ctystal Palace for the sole purpose of supplying any such utilities to the Madsen Property. In the event Madsen taps into any such public utilities installed in the Easement by Crystal Palace, Madsen shall: Â© pay any and all tap fees associated therewith to tho appropriate public utility; b) pay to restore and revcgetate all disturbed areas of the : Easement as closely as possible to the condition that exlsled prior to tapping into such public utilities; and, c) pay for Madsen'sprorata sharc ofall maintenance and repafr costs associated with the location of the public utilities in the Easement. Madsen's prorata:thare shall bo determined based upon the relationship of the public utilitius located within the Easement that are used by Madsen to the total amount of 1hc public utilities located within the Easement that are used by Madsen and Crystal Palace, combined. 2. DrivewavImprovements. Chystal Palace shallhavethe rightto constructaroadway , within the Easement granted herein and improve and maintain the same to whatever level may be laWfully allowed to serve the uses made from time to time of the Crystal Palace Property, Crystal Palace muy perform such road constructionand improvements from time to time at its sole cost and expense. Crystal Palace shall obtain driveway, access, and any olherpermits necessary to construct such road, and shall restore androvegetate all disturbed areas as closely as possible to the condition that existed prior to commencement of the construction of the improvements thereto. Similarly, under,Iound utilities may be installed within the easement by Crystal Palace, at Crystal Palace's sole cost and expense (including the expenso of surface restoration). Specifically, Crystal Palace agrees that it will: a) remove the existing fence between the Adjaccnt Alley and the Madsen Property; b) remove the landscaping located within the Easement and, to the extent feasible and as requested by Madsen, relocate one or two ofthe lilac bushes within the Easement to another location on the Madsen Propeity; c) construct a driveway with in the Easement to the Crystal Palace Property; d) replace the removed fence with a fence ofglmilar design and construction along the outside perimeter ofthe Easement betweenthe Easement and the Madsen Property; and, e) replace landscaping, as reasonably requested by Madsen, immediately outsidÂ© the newly constructed fence on the Madsen Property, to maintain an attractive appearance of the fence and landscaping on the portion ofthe Madsen Property immediately adjacent to the Easement. 3. Temporary Construction Easement. In addition to the easement granted herein, Crystal Palace may disturb up to ten feet outside the Easement boundary into the Madsen Property for purposes of the initial construction of the referenced roadway and related improvements within the Easement, provided Crystal Palace shall restore and revegetate allsuch extended disturbed areas as closely aspossible tothe condition that existed priortocommencement ofthe construction of the roadway, as provided in Section 2, above. MA MWN'MU HO.WOR .DIAN!-111~RAKY.1<A I[.1,0,04.MI)S:f}Al Â¥F.WA~ 4,~SP.P.6~jr -â€¢Â·11.~1DOC - P649 RECEPTION#: 610646, 05/29/2014 at 02:04:39 PM, 3 OF 6, Janice K. Vos Caudill, Pitkin County, CO IX.a OCT-25-2013 12:24 BIGHORN REALTY 970 349 6214 P.03 4. Driveway Maintenance and Snowplowing. CrystalPalaoÂ© shallbcar 100 percentof all the costs associated with &11 maintenance and snowplowing oftheroadway constructed within the . Easement granted herein. In the event Madsen uses such driveway and/or otherwise uses the land within the Easement and, as a result, causes damage or excessive wear to the driveway within the Easement granted herein, Madsen shall bo obligated to promptly repair and restore the driveway to the condition that existed immediately prior to such damage at Madsen's sole cost and expense. 5. Indemnification. Ciystal Palace (onbehalfofitselfand its successors and assigns in the ownership of the Crystal Polaw Proporty) hereby agrees to indemnify, defend (including reasonable attorneys' fees and costs) and hold harmloss Madsen, Madsen's, heirs, successors and assigns forever in the ownership of the Madsen Property, from and against any and all claims, demands, causes of action, liabilities, damages, losses, costs or expenses of any kind or nature (including without limitation those involving death, personal injury orproperly damage) arising out ofor incurred in any way in conneotion with the use or eqjoyment of, or any work performed upon, the Basement granted herein or the roadway constructed thereon, by Crystal Palace or Crystal Palace"3 family, guests, invitecs, employees, contractors or other authorized agents or users. Each party shall continuously maintain a comprehensive genoral liability insurance policy on their respective properties, which polivies shall include each party's respective interests in the Easement and, to the extent practicable and provided there is no additional cost to do so, each party's general liability insurance policy shall name the other party as an additional insured. 6. Attorneys' Fees. In the event of any litigation arising out of this Easement Agreement, including the intorpretation or enforcement of any of the terms or provisions hereof, the prevailing party shall also be entltled to recover its reasonable attorneys' fees and costs incurred therein. 7. Authority. Thepersons signing this Agreement represent and warrant that they have the right, authority and power to execute this Agreement on behalfofthe parties for whom they aro signing. Eacb party represents and warrants to the other party that this Agreement is a binding obligation of such party, 8, Governing Law. This Agreement is made with respect to rights and obligations accruing in the State of Colorado and shall be governed by and construed in accordance with the laws ofthc State of Colorado. 9, Remedies for Breach of Covenants, The parties hereto shall be entitled to any and all remedies permitted by law, including injunctive and mandatory relief, for breach of any ofthe covenants, warranties, indemnitles and obligations contained herein. 10, Binding Effect: Covenants Running With the Land. 'Ihis Easement Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors and assigns forever, and the benefits and burdens hereof shall constitute govenants running with the title to the Crystal Palace Properly and the Madsen Property. MACD470$11)4]&U5* 9 WANE;UBRARYMAIL DOUNLOADS:DMVEWAY EASâ„¢Dft â€¢ 0â€¢23â€¢11.50[ P650 RECEPTION#: 610646, 05/29/2014 at 02:04:39 PM, 4 OF 6, IX.a Janice K. Vos Caudill, Pitkin County, CO OCT-25-2013 12:25 BIGHORN REALTY 970 349 6214 P,04 11. Entire Aereement. This Easement Agreement constitutes the entire underitanding and agreement between the parties relating to the subject matter hereof All preceding representations or agreements relating to the subject matter hereof, whether written or oral, are hereby merged into this Easement Agreement 12, Waiver. Any waiver by any party hereto of any breach of any kind or character whatsoever by any other party, whether such shall be direct or implied, shall not be construed as a continuing waiver of or consent to any subsequent breach of this Agreement onthe part of any other part. IN WITNESS WHEREOF, theparties bave hereunto set theirhands andscals as ofthe day and year flrst above set forth. THE CRYSTAL PALACE CORPORATION, a Colorado corporation --0. 1 ' <'. I ...... ' LA-,~-~ ~ E < F*ead Metcalf, President - AY 3â‚¬ 1Â»@44 Cornelia dallaher Madsen a/]da Comelia O. Madsen STATE OF Colorci ho ) ) 93. COUNTY OP<koegdo@) The foregoing instrument was acknowledged before me this ,)Â·fl~day of October, 2013 by F. Mead Metcalf, President of TH E CRYsTAL PALAcE CORI'ORATioN, a Colorado corporation. WITNESS my hand and official seal, 0-a-,10.*eggam.Â»o- k CATHY STEINBEAT~--7 M NOTARY PUBLIC My Commission Expireg: R NZW#v9& PAL,9#*g, 1 ~0'22*Kim;EPTEMBER!2.20,6 Rt U>,3%1-u Nota~*0 MACR{'0311 11[)911*3:DIANF.1.,nultic}â€¢1Ali.(10WNLOAME{}kliF.WAY EA 19&~r2Â·11Â·11.DOC P651 RECEPTION#: 610646, 05/29/2014 at 02:04:39 PM, 5 OF 6, Janice K. Vos Caudill, Pitkin County, CO IX.a OCT-25-2013 12:2S BIOHORN REALTY 970 349 6214 P.05 STATE OF COLORADO ) ) GS. COUNTY OF PITKIN ) The foregoing Instrument was aÂ©knowledged bc fore me this 88$ day of October,2013 by GEORGE W. MADSEN, JR. and CORNA..IA GAL.LAUER MADSEN a/!da CORNELIA O. MADSEN. WITNESS my hand and official seal. My Commission Expires: 5.15.17- - A 07/.- 1 1 -r- NotatÂ¥ Public f LBA E. POPISH 1 NOTARY PUBLIC 1 STATE OF COLORADO 1 NOTARY ID #20054018338 l_MI-Comroission Expires May 15: 201 7 MAutÂ·novt HIUS-R,i>NANCL~ WAIYMA17. DOWNLOADS,DR;Â¥ItwAY W UMP/rÂ· 9 /1.11DOC 9 .- 1- P652 RECEPTION#: 610646, 05/29/2014 at 02:04:39 PM, 6 OF 6, Janice K. Vos Caudill, Pitkin County, CO IX.a EXHIBIT A ASPEN SURVEY ENGINEERS, INC 210 SOUTH GALENA STREET, SUITE 22 ASPEN, COLORADO 81611 970 925 3816 ASEI JOB NO. 10357 ' ACCESS EASEMENT AN ACCESS EASEMENT ACROSS PARCEL 1, SECOND AMENDMENT TO HERNDON SUBDIVISION AS DESCRIBED IN PLAT BOOK 16 AT PAGE 49, CITY OF ASPEN, PITK1N COUNTY, COLORADO, DESCRIBED AS FOLLOWS: BEGINNING AT A RADIUS POINT THAT BEARS N 10Â°15' E 3.18 FEET FROM THIS SOUTHEAST CORNER OF SALD PARCEL 1; THENCE N 10Â°15' E 20.0 FEET ALONG THE EASTERLY BOUNDARY OF SAID PARCEL 1, BEING COMMON TO THE ALLEY OF BLOCK 4, CITY AND TOWNSI're OF ASPEN; THENCE 31.54 FEET ALONG AN ARC HAVING A RADIUS OF 20.0 FEET, WHOSE CHORD BEARS S 55Â°04' 12" W 28.37 FEET TO THE SOUTHERLY BOUNDARY OF SAID PARCEL 1, THENCE S 71Â°04' E 20.23 FEET TO SAID SOUTHEAST CORNER OF PARCEL 1; TMENCEN 10Â°15' E 3.18 FEET TO THE POINT OF BEGINNING. CONTAINING 347 SQUARE FEET MORE OR LESS, 00<6.2/hÂ· 14/123 FOaED ./. E./.T U HERNDON SLBD V!6 ON LEGEND AND NOTES . Â·20 , Â»Cr ..... 51!/TEO i...MASi . I T. i..TK~ST 1 '4/ SEC' . 4 . SUR/Â¥ Mollâ€¢T AS ./.Ill 10*..,0 40â„¢ .94* . WST OF Dâ‚¬ 6!h nitOFAL %~DE~N ......$...I./ M ASPEN, *lk i, cwar CGO- 0 :Â·ne, 'on 9... A ......T.Ol . S S.~â€¢6~ F.0' u.Â£ -cEâ€¢CE 11 â‚¬ 481 Â·."" 8 .Wâ€¢OLE O *EE C.TY OF A**KlUâ‚¬NT 0â‚¬â‚¬!400,1 5%.4/014 15 Cola ~UNS .â„¢ 1,15 PLLEâ€¢ fO* f~0<- aASED 0â€¢ 3,6 COJ-0,4 -S TE UNE $ 7 ELE,ATIONS 'ASE~ CN CGÂ¥ OF ASPE& 6'S *#I 'iC 20 I Â·'8.0 t.IE .9 â€¢0_Â£ ..US ARC ..Dil c.*oe 3Eilt,No 0 CUT ./2 ..2 C Â· 1 90Â· â‚¬ ,7,'0 . 35 44 ..:.3.: W. I . 4 ...Â¥ " I. .. . UTIES I - LE 420Â§@C ACCESS EASeâ‚¬K, 20 W UE 147 50 f, Â·iÂ· IKEST 1 Ne m....04 .. â‚¬ME- B 1-,E 40~IDEO 44Â£ e& D[MDiMED , 0-5. ..6 3 79 F- Â£44 STREET / 21 92' 00 7: S '3 CD ~, 8 43Â« 4.0 :. ~69â€¢J ' Re .<f:~-. z.* op I. CO A \9 NX' ~~ 7- -h-1 1 4 IM, j :/ :(-,_*S 'SÂ·D, : ~'Â£ ~ . 4 + 4/ 29..1 42-94, 00,2 (.D.*1 . 4 1 4 14 -â€¢CÂ·.U.n, CERT FÂ¥ MM PLAt ..~ 2[80're F.M 1 lat /Â·t- t.,Ii ....0 .DER 11Â¥ supâ‚¬*vt:'. Du'INE ~-1-4~.1~ ~.;- -. MIZ N S ;U#VEâ€¢ .1. tkESS 11.7 -Â¢M:o t PARCEL 2 -"ll,4 2//1 t a.. ..*. N I t 0 21:Led, r .. 1 PARCEL 1 R 1 7, ,/1 1 9'..' /1 1 i 2318 t AUT "EE D 1, .... r----â€¢CD al A 1\ -& 1.<7 3 ,5 + I.!0*-S F "Â·o, 44.-D /16' U k .Â·. 20 EE, 'Â®6 "' 4.' 4, p i *5 0 Fx y * % ...;F . ; RE'BAA .0 1 -----\I - -21 4 ~* 9%â‚¬49 4 _ _ - uÂ°~N-Â°'L X 915' 6 1 1 c,~a l,j ~3'*21- -- - - --- -Â·Â·Â·- -i:Â·ciuÂ·te. t _s ir /4, l--33%621 //,-1 I %44Â¥. /1 7 U; 1Â·h\~ 'Y 11 .1 CRYSTAL PALACE CORP. 1~ /~ LOT Bl I. ./ NO Pâ€¢GE ' / f / 13 LEGAL DESCRIPTION '4 C ....... c roT-5 . ACCE' .Seâ‚¬U; ISMSS M{/ 1 SECO' ..... I ....' il~ 4,3 0, ....1/0 1. I. Â®OK 6 I .. 49. ~!rY O â€¢SI' '1-1:1~ Co~.' ColoN*CD. CESCa;k C *'De 11 Ii\Z =3251. Â·W ,~5.40.Â¢5 h 'FEEf â€¢Ae TIE * sT ~W:26 W:&7:J :R P'cff?;m'~WÂ·11 '~Sfl It '11 i:>:4:?:Cr, .~Ji,3,3;0~367*t:EUR,imt ; /yol'aâ€¢5I. LilÂ¢E TÂ«rE . 10Â·. Â£ 311 â€¢EE~ -0 !1 .1/ OF 900~ING ./. W.G .; SCUAAE HEY ..E . .. COLORADO HIGHWAY NO RECEVED $ 7.4 7Â£ 1 =0; ABPEN 6.$~7.Bl \ (73Â§*MICM.&*# ~08 890Â¥ 103 FACâ‚¬ 2/ 8 2 'emer PEST ISPEN SURÂ¥F ENG,KEERS. 1NC - HALLAM 44* C....Ill STREET Ni*EteGR,34$. NoNE.g .26: e.. . m STLÂ£ CREEK . I DO... .. .. 9 P653 Jam Free Printing milimmm www. avery.com Use AveryÂ® TEMPLATE 5160Â® em=a=%62 1-800-GO-AVERY Attachment 11 P654 IX. &1 VILLAS LLC 5 STRING LLC 834 WEST HALLAM ASSOCIATES LLC 4 Jaur\ou,4 DR PO BOX 1709 200 E MAIN ST ACTON, MA 01720 GATLINBURG, TN 37738 ASPEN, CO 81611 , AARONS MARTHA REV TRUST ALDERFER JOHNNIE MAE ANDERSON ANGUS A 100 N 8TH ST#26 PO BOX 10880 277 WILLITS LN ASPEN, CO 81611 ASPEN, CO 81612 BASALT, CO 81621 ARETZ REALTY INC ASPEN COLORADO LLC ASPEN SQUARE CONDO ASSOC INC 4725 S MONACO ST #330 100 N 8TH ST #5 617 E COOPER DENVER, CO 80237 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN TOWNHOME LLC ASPEN VILLAS CONDO ASSOC INC ATKINSON SUZANNE E 2151 ROCKCRESS \NY SHERMAN & HOWARD LLC 100 N EIGHTH ST #19 GOLDEN, CO 80401 201 N MILL ST #201 ASPEN, CO 81611 ASPEN, CO 81611 BECKER RACHEL 25% BELL MOUNTAIN TRUST BENDON CHRISTOPHER J 1000 PARK AVE PO BOX 2792 920 W HALLAM ST NEWYORK, NY 10021 ASPEN, CO 81612 ASPEN, CO 81611 BEN-HAMOO PATRICE CONYERS BLAIR ALISON & WINFORD R BLANZ JAMES M PO BOX 2902 941 W HALLAM 6344 NW 50TH ST ASPEN, CO 81612 ASPEN, CO 81611 CORAL SPRINGS, FL 33067 BLAU SYLVIA BLUE MARCUS J BORDERICK MARK 1 GROVE ISLE DR #410 910 W HALLAM ST #11 939 W HALLAM MIAMI, FL 33133 ASPEN, CO 81611 ASPEN, CO 81611-1163 BRADY KAREN KAY BRITTINGHAM JOHN SHELBY BRUFF SHERLYNNE GUEST & HAROLD H i 5 CASTLE HARBOR IS 100 N 8TH ST #22 1245 OLD TALE RD FORT LAUDERDALE, FL 333086011 ASPEN, CO 81611 BOULDER, CO 80303 BRUNT FAMILY LIMITED PARTNERSHIP BUDD MARTIN 50% CITY OF ASPEN 3814 C ROWN BAY 215 OCEAN DR WEST 130 S GALENA ST ST THOMAS VIRGIN ISLANDS 00802, STAMFORD, CT 06902 ASPEN, CO 81611 CKS ASPEN LLC COHEN SANDRA REV TRUST COX BRANDON 1767 E MCMILLIAN ST 901 W FRANCIS ST FERTIG DALE M CINCINNATI, OH 45206 ASPEN, CO 81611 1009 S E 2ND ST FORT LAUDERDALE, FL 33301 AkEAV-09-008-L Imma1~/ I. 9 ~29<14Â®09&5 31vldINgi Â®kleAV asA Â®09 LS Â®AkIMAV ~ LUO)'/UBAe'AAMAA LA~Yaks,1 Bullugid eal:I luer Jam Free Printing L./2/27 www.avery.com '~ A~RtfÂ® 516I P655 Use AveryÂ® TEMPLATE 5160Â® ==='pmm. 1-800-GO-AVERY CROSSETT JENNIFER A DEPAGTER JACOBUS ADRIAAN DITTMAR KRISTIN IX.a MURRY SHAWN P PO BOX 182 945 W HALL-AM AVE 1333 E 3RD AVE ASPEN, CO 81612 ASPEN, CO 81611 DENVER, CO 80218-3906 ECKART CHARLES F EIDSON JOY REVOCABLE TRUST FELDMAN CHESTER 119 MAPLE LANE 100 N 8-[H ST #9 PO BOX 8193 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612 FOREST SERVICE ASPEN FRANCISÂ·STREET LLC FRASER KRISTINA B & GOLDSTEIN HEADQUARTERS PO BOX 1365 JEFFREY S UNITED STATES FOREST SERVICE ASPEN, CO 81612 1025 S RACE ST DENVER, CO 80209 GABEL PAMELA SUE GELLER SCOTT GIBANS JONATHAN 943 W HALLAM 4755 SUMMERLIN RD#1 100 N 8TH ST UNIT 1 ASPEN, CO 81611 FORT MYERS, FL 33919 ASPEN, CO 81611-3145 GILES NATHAN R GORTAN TIZIANO & ENRICA U GREGORY KIRK NOURIAN NASIM 260 COLUMBINE CT GREGORY PETRA 1380 W AUTO DR BASALT, CO 81621 PO BOX 10055 TEMPE, AZ 85284 ASPEN, CO 81612 H & M REALTY LLC HARPER DONNA M REV TRUST HATCH DEBORAH SMITH REV TRUST 50% 814 W BLEEKER ST #02 27 PELICAN PL PO BOX 12366 ASPEN, CO 81611 BELLEAIR, FL 33756 ASPEN, CO 81612 HEISLEY MICHAEL E TRUST KEILIN KIM MILLER TRUST KENNER SAMUEL 70 W MADISON ST #5600 PO BOX 10064 1 GROVE ISLE DR #410 CHICAGO, IL 60602 ASPEN, CO 81612 MIAMI, FL 33133 KLUG WARREN E & KATHLEEN M KOSFIELD ASPEN LC KURTZ KAREN L QPRT 100 N 8TH ST #3 100 SE SECOND ST #2800 17358 S MCKENNA DR ASPEN, CO 81611 MIAMI, FL 33131 PLAINFIELD, IL 60586 LARNER JACQUELINE L LENK MEREDITH LEVINE MICHAEL A 376 DAHLIA PO BOX 4415 3500 MYSTIC POINTE DR #1408 DENVER, CO 80220 ASPEN, CO 81612 AVENTURA, FL 331802581 LRG PROPERTYTRUST LUU TONG KHON MADSEN GEORGE W JR & CORNELIA G 1100 CAMELLIA BLVD #201 TRAN TUYET LE 931 W FRANCIS ST LAFAYETTE, LA 70508 814 W BLEEKER ST #B4 ASPEN, CO 81611 ASPEN, CO 81611 AllaAÂ¥-09-008-6 ESZ.2.m/*20 Â®0915 319-Idl/\!31 Â®/OeAV esri Â®ogts Â®AMMV ~ tuo)'Ale,Ae'AAMAA C.MERN"mi 6u!jupd eeld luer .%%2*m Mi'*21 www.avery.com Jam Free Printing ~ fiME[RVÂ® 516( P656 Use AveryÂ® TEMPLATE 5160Â® a2eT/..&.'m 1-800-GO-AVERY f |)(â€¢~ ON NANCY R 50% MANIE MYCHAL B MARKEY PETER & CHRISTINE 2212 RICE BLVD 4589 SILVER DALE CT 922 W HALLAM HOUSTON, TX 770052628 CASTLE ROCK, CO 80108 ASPEN, CO 81611 MATTHEWS DEE R MCNAIR STEPHEN & STACY MCNUTT LEXI & RAY '~ 5121 52ND ST NW 2 STILLFOREST PO BOX 9667 , i WASHINGTON, DC 20016-4379 HOUSTON, TX 77024 ASPEN, CO 81612 ' MCTAMANEY ROBERT A Ill 2012 FAMILY MENDELSON CLIFFORD MI NNESOTA MATERNAL 1 - TRUST. 4807 CUMBERLAND AVE FETEL MEDICINEÂ· ( , '11'. 1. 1 KUKIO 72 124 LAE KIKAUA MAUKA ST CHEVY CHASE, MD 20815 2115 DWIGHT LN i. 4. Â·Â· KAILUA KONA, HI 96740 MINNETONKA, MN 55305 NAFTALIS RICHARD C & ELIZABETH Z NEUMAN JONAH 25% OTT JOHN & CAROL M 5315 ROYAL LN 333 CENTRAL PARK WEST 129 LITTLE ELK CREEK AVE ' , . DALLAS, TX 75229 NEW YORK, NY 10021 SNOWMASS, CO 81654-9318 OTTEN DOUGLAS & GLENDA OVERTON PATRICIA J PAFFENDORF PAUL JEFFREY 5103 SEA PINES DR 100 N 8TH ST #24 604 E 1ST ST #B DALLAS, TX 75287 ASPEN, CO 81611 DURANGO, CO 813015704 Â·. PITCHFORD BARBARA PLATERO ERIC P PLOTKE ELIZABETH PO BOX 8812 969 TROPIC BLVD 100 N EIGHTH ST #10 ASPEN, CO 81612 DELRAY BEACH, FL 33483 ASPEN, CO 81611 RAKESTRAW RONALD L REALUS TRUST REED BRENT H 947 W HALLAM ST 814 W BLEEKER Bl 100 N 8TH ST #6 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611-1124 ROTHMAN MARK S & SANDRA C RUECKERT WILLIAM SANCHEZ ANDY L & MICHELLE MAINS 100 N 8TH ST #12 85011ULLS PARM RU PO BOX 1801 ASPEN, CO 81611 SOUTHPORT, CT 06890 ASPEN, CO 81612 SANZONE SHERI A SAXON FAMILY DELTA TRUST SHAPIRO MARK ' 920 W HALLAM ST 6677 S EVANSTON CIR 4554 ROCK RIDGE LN ASPEN, CO 81611 TULSA, OK 74136 AKRON, OH 44333 SHARP DESIGNS INC SHERIDAN DAVID R ]1 SHERMAN GARY M 936 W FRANCIS 4539 SILVER DALE CT 100 N EIGHTH ST #4 ASPEN, CO 81611 CASTLE ROCK, CO 801089039 ASPEN, CO 81611 H Ak13AV-09-008-L mm/=mpm&: 1' ~2*~~24Â®09LS 31Â¥ldl/\331 Â®kleAV esn Â®091.5 Â®AMEIAÂ¥ \~ LUO)*18Ae'AAMAA m"m"mwila Bu!jupd eae wer Jam Free Printing imlill www.avery.com ~ AVERY<B) 5161 P657 Use AveryÂ® TEMPLATE 5160Â® E=Z=~ 1-800-GO-AVERY SHURMAN JOHN & CAROLYN SIEGEL ELIZABETH N & NEIL B STEINBERG EDWARD M & TOMI A IX.a 100 N 8TH ST #29 100 N 8TH ST UNIT 8 814 W BLEEKER ST #Al ASPEN, C081611 ASPEN, CO 816113145 ASPEN, CO 81611 STRASSBURGER SARAH E STUART DONA TALENFELD ELIZABETH G 910 W HALLAM ST PO BOX 11733 915 W FRANCIS SI APT 3 ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611-1158 TOPELSON ALEJANDRO TORREANO MARGARET ANN TORREANO MARIE HELEN 4725 S MONACO ST #330 814 W BLEEKER ST #E6 5031 BALLARAT LN DENVER, CO 80237-3468 ASPEN, CO 81611 CASTLE ROCK, CO 80108 TRAN HONG HUONG VALLEY MIA C VILLA 15 LLC 50% 814 W BLEEKER ST #Cl 100 N 8TH ST #20 PO BOX 1307 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612 WERNER MICHAEL B WEST END PROPERTY LLC WEST SOREN P & KAREN C 3800 HOWARD HUGHES PKWY #1230 814 WEST BLEEKER ST #B6 853 PLEASURE RD LAS VEGAS, NV 891695915 ASPEN, CO 81611 LANCASTER, PA 17601 WICKERT JILL A TRUST WILLIAMS DAVID A & BONNIE JO WYLY CHERYL R MARITAL TRST 16255 VENTURA BLVD #800 100 N EIGHTH ST #18 3905 BEVERLY DR ENCINO, CA 91436 ASPEN, CO 81611 DALLAS, TX 75205 AMBAV"09-0081 ...====Fer. 9 < 19 ~*09&5 31.Vldl/\I31 Â®410/9 In Â®091,5 Â®AIMEIA%iF ~ LUO)'11@Ae'AAMAA ./imin 6uilu!Â·4d 8323 wer 1- .1 .7 1.-~\9 Â· Â· - \\ 1 W SMUGGLER ST 0 75 150 + F ./ p '# Feet ~ r x ./ 1 1 1 7- / 1 1 + \\1 \ \ il i f This map/drawing/image is a graphical rerâ€ž .--Â·itation / / of the features depicted and is not a legal .\4 \ 43 : 1 I - , i ? 1 1 1 & depending on the enlargement or reduction. -Cke. . 1-3 i i 17 representation. The accuracy may change â‚¬ , Copyright 2014 Aspen/Pitkin GIS -3 4 .......~e'Â·Â·'--Â«--"n- 1 2 /*--e , , - I 9/29/2014 10Â·27Â·49 AM CAG! S\temp\Sept14\928WHallamSLmxd . MCTAMANEY- 3 / 1 --- - 4 .1 ~1 .~~i SHARP \[PROPERTÂ¥{ C ;ROBERTA!112012, i -- f' VWERNER 1 ' DESIGNS , 1 TRUST,-i i i FAMLY-TRUST i -- ' I- 4 \ MICHAEL B 'i 5 INC tt }i:- i 1 -----.. 1 / 6 w k \ , -Â· I g , SAXON FAMILY : â‚¬4 v -DELTATRUS r got/6,0 i --< recA v- - W FRANCIS ST A \\\ 1 FRANCIS STREET FOREST < - 31 4---JOWNHOMES'CONDON t SERVICE ASPEN ; / : HEADQUARTERS i 2 }fi MADSEN I,Â·FRANCIS,Â«.ASSOCÂ·--Â· -- 2 .- P i 7. ' lic-/ 1 -: c - -I E -lrE-~Eu-~ Â· 1 <GEORGE WOR<,STREET:ELC 1 ' ' .% ht''f~31 96 j &â‚¬OR'Ile,9 i . EtiIZ#BETH'b r -TAL-ENFEED i / i â‚¬ -4 1 0-- o 2. 1 Â·~ : ASSOC . 3 - . /. I - t Â· .Â· I Â· -- ~ 1 ..0 CITY OF Â¥ i CITY OF . i r _2 St),95*999:1 j Il .* ASPEÂ« ~ ' ASPEN . & CHRISTINE f -1 ASSOC Â·Â· ----@AWKEY,PETERZ - â€ž'CON.0- i :*--/ ' 1 - . i & -..V/ /0-Â£ .. - BENDON 6-1 i 830 WEST HALIANI -1-. -Â«, ~h,Â»- ~~ â‚¬ 1 \' CHMSTOPHER JA Â· ~ ASSOCIATES:LLC $ , i V j 1 1% 0 Â· KeSFIELD, ...--1 21 - - U.â‚¬ - .,Â· ---->' - AdPE#i LC V : 12 4 l-- ---2/f'im~7~a:2.....A ,- .*/2*- , #-- â€¢ Â· -- .-- - 1 1- 41 4. i \ Ie CO HW't; 82 ~~ W HALLAM ST 1% ~ C ' l RED HOUSE - .... :Â·ENCLÂ·.VE 7. Z - CONDO ASS-OC- ' \\ y , E 1 41 GREiORY#~ < \ 42 ,/ j 1 1\,tu KIRK, :< w ... ...4 -rmr i :Â· Â·Â·~Â· 2 . --â€ž.7---3Â»-0---,4.-' SH Sl-UAP.*~~~ 4 Â¥ C 4 . r ~ DONA \\ i 1. I 3 1 U---2- Â° 1 &.1 ' -1 ARki.**,Al / L__1 J 1% 4. it ASPEN VILLAS ALDERFER V. \34, 1 : .-- r --9 CONDO i JOHNNIE MAEi % ~6 '- <412. 3% rj ASSOC INC- 1 9 4 #- R I 1 17' -: .00 - F [-74 1 1= li j 14 0.> 1 3 - If CITY OF ASPEN . I. ..7 1 1-4 -r i : 1 4 . W BLEE <ER STE~ Â¢ VILLAS OF ASPEN ,/;~ < ~ DEPAGTER - Â· TOWNHOUSES ASSOC , P-.67. JACOBUS f l i ADRIAAN i . >2 -: 4- L V ........9 i li \ i Â§ ,~ 4.- Â»t,&47.+I i â€¢â€¢-/--- -./---* ..-. .â€žÂ«.Y~.....#,9. -..* -i ' 1 1 .-- 7 - H Al I FY . 1 : 1 e' Â£.I'~.I # 9-.. 6 4> ---: . y.2-07- IT,--~U~'. < $ 1 I : 1 1 -\â‚¬ W MAIN ST ~ 1 -3 1 IiI. -gll926!SU-'~~": 1 ~ **/,Ma=I =.**GR~ * IWA, 10)n. P658 Attachment 12 P659 CITY OF ASPEN IX.a PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Hillary Seminick/Sara Adams 429.2778 DATE: 8.8,2014 PROJECT: 928 W. Hallam St, REPRESENTATIVE: Patrick Rawley, Stan Clauson and Associates REQUEST: Minor Subdivision - Lot Split DESCRIPTION: The prospective applicant would like to subdivide the property located at 928 W. Hallam St. into 2 fee simple lots, A duplex is currently located on the site. The lot is within the R-6 zone district. Applicant represents that the current property is 16,150 SF in size and proposes a Lot Split form of subdivision to create one 8,866 SF lot and one 7,284 SF lot. The proposed lots must comply with the R-6 zone district requirements, as per Land Use Code Section 26.710.040. Dividing the current parcel into two lots will create a building that spans a parcel boundary. Per Sub-section 26,480.040 D., Existing Structures, Uses and Non-Conformities, "the structure or use may continue until recordation of the subdivision plat" or the city may accept some form of assurance to maintain the structure after recordation of the subdivision plat if the building is not demolished. Access to each lot shall be provided via a shared driveway easement from the adjacent alley. The existing curb cut on Colorado Hwy 82 will be removed. CDOT permission for the removal of the curb cut has been obtained and shall be provided to engineering for review, A lot split is a one-step review before the City Council. The approval is reviewed through a public hearing process (inclusive of neighborhood outreach) and, if approved, granted via ordinance. As a side note to the Lot Split discussion, the front lot line for each new lot shall be oriented to Colorado Hwy 82. This shall be considered the front yard orientation for Residential Design Standards and setback requirements when the property is redeveloped, The western portion of the property lies within the Stream Margin Review area. This includes all areas within 100 feet measured horizontally from the high water line of Castle Creek. Any development within this portion of the property would be subject to heightened review procedures and standards set forth in Section 26.435.040 of the Land Use Code. Portions of the property have slopes greater than 20%, which can cause a reduction in allowable floor area up to 25%. A professional site survey will be necessary to determine the areas with steep slopes and potential reductions. Below are links b the Land Use Application form and Land Use Code for your convenience: Land Use App: http:#www.aspenpitkin.com/Portals/0/docs/City/Comdev/Apps%20and%20Fees/2013%20Iand%20use%20app%20form.p df Land Use Code: http:#www,aspenpitkin.com/Departments/Community-Development/Planning-and-Zoning/Title-26-Land-Use-Code/ Relevant Land Use Code Section(s): ASLU Minor Subdivision - Lot Split 928 W. Hallam St. 2735-123-00-015 1 P660 IX.a z Common Development Review Procedures (as applicable) .v...,0.030 Procedures for Review 26.480.060.A Minor Subdivision - Lot Split 26.480,080 Subdivision Application Contents 26.575.020 Calculations and Measurements 26.304.035 Neighborhood Outreach 26,710,040 Medium-Density Residential (RÂ·6) Zone District Review by: Staff for completeness, Engineering, City Council Public Hearing: Yes, at City Council Neighborhood Outreach: Yes, prior to the first City Councilhearing, Planning Fees: $3,250 Deposit for 10 hours, additional hours billed at $325 per hour. Any unbilled portion of this deposit will be refunded at the conclusion of the case. Additional staff hours, if needed j will be billed at $325 per hour. Referrals: $265 hourly rate for Engineering. Total Deposit: $3,515 To apply, submit the following information: U Completed Land Use Application and signed fee agreement, C Pre-application Conference Summary (this document). m Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, 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. Il Applicant's name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. E A site improvement survey (no older than a year from submittal) including topography and vegetation showing the current status of the parcel certified by a registered land surveyor by licensed in the State of Colorado. E HOA Compliance form (Attached) E Documentation showing the proposal meets all Transportation Mitigation Requirements as outlined in the City's Transportation Impact Analysis Guidelines and Mitigation Tool, available online at. http:#www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zoninq/Recent-Code- Amendments/. A copy of the tool showing trips generated and the chosen mitigation measures should be included with the application. 2 P661 0 A written description of the proposal and an explanation in written, graphic, or model form of how the proposed IX.a development complies with the review standards relevant to the development application and relevant land use approvals associated with the property. Il Written responses to all review criteria. El An 81/2'by 11"vicinity map locating the parcel within the City of Aspen. 0 1 Complete Copy. If the copy is deemed complete by staff, the following items will then need to be submitted: m 10 Copies of the complete application packet and, if applicable, associated drawings. 13 Total deposit for review of the application. - 0 A digital copy of the application provided in pdf file format. 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. 3 GATEWAY ASPEN LOT SPLIT - 1 m A TRACI' OF LAND LOCATED IN THE SW1/4 (ALSO KNOWN AS LOT 9), 1 f/d jf-1 NiTA-f SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH P.M., CITY OF ASPEN, PITKIN COUNTY, COLORADO 8ASS OF #, 1 S 73 00'04 - 85.'e - / 1 - - / I I, I to.0/ U / - US SURVE~FoonmED v~CINrrY MAP 1 : 4. fN *RI - -- /-4 1 / ------ 1 ALLEY Bion - - - P..1 r . Dprâ‚¬-i CASEâ€¢Elâ€¢ 1-7 -- % ' r..409#6. i 40. W. 20.%,f 4 ~Nalf~0~DO~ g~~1'Â¤~Wm~ ~tÂ·â€¢r 11 Ar-* M momal..... [(N 87Â·23'< 48 76Â·1 34.4 - - CCA (FS .*N N 89Â·33'05-E 601.84' FIELD IE â€¢0 . /:4 1...... -==.\ --imotA -1, . -- -- -- _- _ + 0, 1 co, GPS wON,IMENT . ? 1 A-1 E....c .... 10'Ui. 4 -- STOR#I {.O be '-. - 0 1 CERTIMCATE OF DELDiCAION AND OWNERSHIP - rs j . r DOW AUm,UBY =m=E ~010,12 901,0,0~ F~-740/ Ii P,IRCEL J Aâ„¢â€¢CrOPLL~DLOC,IjaD/11/9.1/'~,SOZMO~NAS./. 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Rga-~rSCM â„¢B ~,CCO-*N~10 M~TÂ·~0â„¢Z PUBUC,<,rEV~ AS EA~!afrS,(OR â„¢* R,01,rlon,WALLAND.,01TAgimaES~UrrsrRUCTURESTOTHEEM,IrrMS,01,SUBLE,CRfRovaNOM /,m:urEDâ„¢m-.0, A..O X)N U 111.ECERTiACATE - _~~~~Mu'ly~ !Â·. st~. 0, coaw,0 ; - I. - =(EST~ZDiÂ©DOIS~aS E- X ~I.'-pt.-4 2 5 75/9'111 16609 I...........Ck...I OWNZRS....~la~~~NCI........0/2 m~~~ ...lm'.u..a~0....=. nugl ./ CALC Â¥,CO.M.....Z=_ IS 75 trE 166 09) 7 1~CU,aKe,CU ZX{,Fr. m-EC- nIT=,1,28-M â€¢Â£) 201â€¢ N 7352'58' W mu COLORADO - 1 35t'Â· - , (N 75-0-1 10 58) Na~vy;uir S 17-15 H w t 751)9 InÂ¥ 7 44' CALC. 033 x NOTES - ASPEN CrTY COUNCIL APPROVAL ~:S::*6*"7~LOr-r.15080,- -257-CUGF<WAYNO. 82 (N 753'IT 8 00) RECORDERS AND CLERK CERIMCATE 719' CALC .Au acâ€ž~-lx'll nos s.2.-0 .=, r,rucoM--%/IA,n Mâ„¢INCOUNrr, CC,<*kâ‚¬XA naL___A,V 0,-,01â€¢. 0,8.,Lrf*)0~- 00 60,40.1Â¥: S]REE7 PAOE-ASFI.F.I= I..a ./.......14..... 1035~C SLRVEYORS CERT!77CATE UNâ‚¬0=Z~~WASD~*07108SURVEr-=Q---A~) C geD;TR al.A~ARADO~maBYCme..tAWA~D~:SSIONALLUDSU;M~OR- a,=A,D 280=*50 Mâ€¢yaÂ¥ UND....1130,/..../(â„¢OR,loa'm=...LI'll,1.-Câ„¢P.I COMFUâ„¢PL./..wly ASP. LOT............D~râ€ž11â„¢)AÂ»T~2)WN #.. . ~,Roxn e.â„¢ 4)CAn ' 0~ ACC=S ....0,1 to r I u .../ Lot/ PRO' 1.089 0.â„¢ 7%,TSUNMAT*ILSM,~nDAIANACC[UU.SKOn*~OPillE>~DFERrrs,1,10,0,â„¢]â€¢, -AMDOC=SC!Zy=loW//Lookâ„¢~AMI}D~=f~~]M36.â„¢8Â£01/A==~78/I ,DATE 9/27/14 1/C~Â¥~Otil-gl.IM,07 0--5.... . 568,4 Dâ€¢C m SRB ...,Â«Â»,0,18,1UA,~...T.WDE]-I=..009â„¢ iN ....-I=././ImMUDARD...._Il.-An,201* REV 19/17/1, 50:>~lu PLOCC fA~AS=Â£01*,cll,LOICID-SAUCER~EM,PPEEP~XD. M.MA. POR FM- COUNry COLORADO, Co~=JNnY-- -04/ GATEWAY ASPEN LOT SPLIT RA 12/31, DICS,ROFSRrrIESEN,~Pf OU!~DZ......ASFENELOWH,1.1. j27 Â£ 4,/%.*Â£17 A TRACT OF LAND LOCATED IN THE SW1 /4 (ALSO KNOWN AS ImÂ·% 1 2-;2,77#3.#'p,1172~11. R~Ett Â¢06B1650 .c/8,/olu, 6,1....'m/ SECTION 1 4 TOWNSHIP 10 SOLTH, RANGE 85 WEST OF THE STH P M. C) f =tl* FUE i~Ut YDL ~TMT == m 970-625-3711 m= . ./.I ll ..............r /1 \ CnY OF ASPEN, PrTK]N COUNIY, COLORADO of,~7 iN rii,F ,~r~,dy m -'.ri~ ~N,i n,~ re *. ~Ap, r,~ Wr . ~4~ Â¢Â£~LF,Cir~ON SnO~, m~* ADDÂ£ESS: 928 HAILAW SHREET --5-k.,5. 52 49Â· (S 01'00-00-W 70 03Â·) I .....GrMS 'P662 Regular Meeting. Aspen Citv Council December 8.2014 Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public comment. Councilman Frisch moved to approve Resolution #134, Series of 2014; seconded by Councilwoman Mullins. Roll call vote. Councilmembers Frisch, yes; Daily, yes; Mullins, yes; Romero, yes; Mayor Skadron, yes. Motion Carried. Ordinance #41, Series of 2014 - 928 W. Hallam St. - Lot Split Councilman Frisch moved to continue Ordinance #41, Series of 2014 until January 12, 2014; seconded by Councilwoman Mullins. All in favor, motion carried. Ordinance #39, Series of 2014 - 709 E. Durant - Sky Hotel Planned Development Mayor Skadron said the applicant requested the public hearing be continued until January. He asked if anyone from out oftown came in to comment. Bert Myrin and Blanca O'Leary stated they were both out of town last week. Ms. O'Leary stated she is speaking for her husband. Mr. Myrin said there are requests for variances that are significantly different from the code. Mayor Skadron stated there was a public hearing and he and Councilwoman Mullins challenged the applicant on the height. Mr. Myrin passed out a handout from when infill came along. The pre-infill number was up zoned to what we have currently. The negotiations seem to start at the new zone rather than what we have. It said it would be more efficient to stick with the zone. He said they are looking forward to supporting this when it meets the code. Things are going in the right direction. He would like to see the applicants come in and meet the code. The request is for something beyond the code. Mayor Skadron stated this passed P&Z with approval and came to Council where they said no. Mr. True said that Council has not made a determination but gave direction. There is a request from the applicant that the public hearing be continued. The applicant is making changes based on Council comments. Councilwoman Mullins said a lot of Council comments came out ofthe public comment. There was quite a bit of conversation from the public. Mr. Myrin said the public should not have had to come to get Council to follow the rules. Council should follow the rules. Councilwoman Mullins said we are not going to cut out public comment. Mrs. O'Leary stated Mr. O'Leary is not against all development at all time. He likes what Council is doing to try to make it work and what the applicant is trying to do. He would like to see the application brought back in code. Mayor Skadron closed the public hearing. Councilman Frisch moved to continue Ordinance #39, Series of 2014 to January 12,2015; seconded by Councilwoman Mullins. All in favor, motion carried. 4 CONTINUED TO 1-12-15 MEMORANDUM TO: Mayor Skadron and Aspen City Council FROM: Jennifer Phelan, Deputy Planning Director RE: Second Reading of Ordinance No. 41, Series of 2014 - 928 W. Hallam Lot Split - Minor Subdivision MEETING DATE: December 8,2014 APPLICANT: SUMMARY: Gateway Aspen, LLC The Applicant requests approval of a lot split allowing the division of the existing lot into two REPRESENTATIVE: lots. Stan Clauson Associates, Inc. STAFF RECOMMENDATION: LOCATION: Staff recommends approval of the request. 928 W. Hallam CURRENT ZONING & USE: Medium- Density Residential (R-6) with a duplex residence on the lot PROPOSED LAND USE: Two lots, one permitting a single family residence and a second permitting a duplex LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting the following land use approvals: â€¢ A Lot Split for the purpose of creating one additional development parcel pursuant to Land Use Code Section 26.480.060.A (City Council is the final review authority). PROJECT SUMMARY: The subject property is adjacent to the Castle Creek Bridge and currently contains a duplex residence. As proposed. the lot is to be subdivided into two lots with one lot containing 10,250 sq. ft. (proposed Lot A) and a 6,000 sq. ft. (proposed Lot B). Lot A will permit up to a duplex density while Lot B will permit a single family home. 1 Figure 1 : Aerial of subject property _Wki V >443 ~~ "1/%~ ' r .3 i . l f.Â£ prU/' 1~bi i#k~;Ul J:* * , I 1 44 'CL + â€žc~ *';'*24Â£/h '44 :.* ' , *Â· ~ i Â·,2 5 1 ./ *./.42 / 4 4%'*Â£ .. ' I e h #:&.4 f" CE 38 4 .k, , :1.'4 .7.: Â©/1 --Il.'W'. - + -r -2 - 2 04% : 1 - Al. 2 ':; Â°> 4/*4 0% 4:04 . 4Â§:h f:': 14* 44{3* ) 01 .* $444 ' uRL * tiN?3 2 &*f *4 321*Q STAFF EVALUATION: Minor Subdivision - The Applicant is requesting a Lot Split to develop one additional lot, for a total of two lots. A lot split is required to meet certain review criteria (Exhibit A). Besides meeting the underlining zone district standards, the lots are reviewed to ensure access to the street system and utilities are available to serve the lots. Two access easements provide access to a public way via the alley located in Block 4 of the Aspen townsite towards the rear of the properties. The first easement is through an adjacent property, providing access to Lot B, while a second easement is being proposed, as part of the subdivision plat, through Lot B to access Lot A. This will be the sole access to the lots as the engineering design standards do not permit a curb cut from Highway 82. Figure 2: Proposed lot configuration ... ' I ' ---*12=- g Access easement , .*1 444 A - Le-J- for Lots A&B --lutleL2L':L__.-__./0~ L J.A Access easement i -.4.1 1 4/ for Lot A 4- 1 - --- 2/ -7 -271 4 1" ------ -7 -- -Â£ 0.-7.-- U 22:2=- s W lot B 4 11 ...... : .j -1 Area of unknown ~'',t"Â·2~'UtÂ·'~~d - 74:4+ FREFE- - 4. A ownership 7 0 . COWRADOSTATE HI HWAY "a 1 *Zzsl'#Â£14â€¢41,2 '. C,14 I ./.7 8/1 The original townsite ends along the easterly boundary of this property. The Applicant is proposing Lot B to be in a reverse ' L' shape rather than a more traditional rectangle that one finds in the West End. Staff recognizes that there are some significant slopes associated with this parcel but Lot B could better approximate the typical townsite lot configuration and provide a less narrow, easier to develop lot; however, somewhat unorthodox lot configurations do exist throughout the community. The lots meet the underlying dimensional standards of the R-6 zone district and the Applicant feels that Lot B's configuration will not impact its development potential. REFERRAL COMMENTS: Sanitation - Ensure both lots have access and easements to get to the manhole in the alley of Bock 4. Utilities - Adequate easements need to be provided for both water (from the street) and the electric (from the alley). Parks - Trees around the perimeter of the lots to be preserved. Large trees on the interior most likely will be able to be removed, but a more thorough inspection needs to be done. Mitigation will be required for any trees removed. Engineering - Utilities should be marked on the survey to identify whether any utility easements should be included across Lot B to Lot A. The access easement should not be 'approximate." The top of slope line should be removed. STAFF RECOMMENDATION: Staff finds the request meets the subdivision review criteria. The request will create one additional lot. Minor changes to the plat will need to occur prior to recording such as formalizing the access and utility easements for the lots and removing the top of slope line. Staff recommends APPROVAL of the request. RECOMMENDED MOTION (ALL MOTIONS ARE IN THE AFFIRMATIVE): "1 move to approve Ordinance 41, Series of 2014 which grants a lots split for 928 W. Hallam." EXHIBITS: A. Review Criteria - Minor Subdivision B. Application 3 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 120 k). *a.uc.~_, 94 , Aspen, CO SCHEDULED PUBLIC HEARING DATE: Mandâ€¢:~ul ~Dec- S â‚¬ 5?00~,#,20-11 STATE OF COLORADO ) ) SS. County of Pitkin ) I, Sc-i (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing on the day of , 20 , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to , d O J.,~ ,the public hearing, notice was hand delivered or mailed by first class postage A 'V 'Â· prepaid U.S. mail to all owners of property within three hundred (300) feet of the F 3 41' S , property subject to the development application. The names and addresses of 3 $ 1 2 i property owners shall be those on the current tax records o f Pitkin County as they 4 ' -4 y appeared no more than sixty (60) days pior to the date of the public hearing. A , 7 ,# copy of the owners and governmental agencies so noticed is attached hereto. Neighboi-hood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach sunimary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, SPAs or PUDs that create more than one lot, new Planned Unit Developments, and new Specially Planned Areas, are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision o f this Title, or whenever the text o f this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. V. SO- Signature The foregoing "Affidavit ofNotice" was acknowledged before me this 29 day of Nov , 2014 , by '4.A-C.1-~la -2 S c c>-Â»-eÂ« PUBLIC NOTICE REE: Gateway Aspen Lot Split, Commonly known as 928 W. Hallam Street NOTICE IS HEREBY GIVEN that a public hearing WITNESS MY HAND AND OFFICIAL SEAL will be held on Monday. December 8. 2014, at a meeting to begin at 5:00 p.m. before the Aspen ~ City Council, in the City Council Chambers. City Hall. to consider an application submitted by Stan Clauson Associates on behalf of Gatewav Aspen, LLC (605 W Main St, Suite 2. Aspen. CO). The My commission expires: c> / (69 1 20 Â¢ 6 Applicant requests Minor Subdivision approval via a Lot Split it to permit the creation o! one additional lot for a total of two lots. The property is legally de- scribed as attract of land located in the SWIM Cal- so known as Lot 9). Section 12, Township 10 CÂ»k t Uk South. Range 85 West of the 6th P.M.. Pitkin County Colorado and more fullv described within Notary Pui~fie the application on fite with the Community Devel. opment Department and commonly known as 928 W. Hallam Street. Fof further Information. contact r 1 Jennifer Phetan at the City of Aspen Community Development Department, 130 S. Galena St. As- pen, CO, (970) 920.5090. Jennifer.Phelan@cityo faspen.com L S/Steve Skadron. Mayor ITACHMENTS AS APPLICABLE: 61* 1 Â¥ Aspen City Council ' st City of AsÂ£en UBLICATION V :40 Publish in I he Aspen Times on November 20: 2014.(10726911) - 1 11 - 1 .. ./All Al I~*2 OF THE POSTED NOTICE (SIGN) â€¢ LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL â€¢ APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. Â§24-65.5-103.3 1(.; ZO AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 928 W. Hallam Street, Aspen, CO SCHEDULED PUBLIC HEARING DATE: 8 December, 2014 STATE OF COLORADO ) ) SS. County of Pitkin ) I, Stan Clauson being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: -NIA Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. X Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing on the 20th day of November, 2014, to and including the date and time of the public hearing. A photograph Of the posted notice (sign) is attached hereto. X Mailing Of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records o f Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. X Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method Of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) X Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, PDs that create more than one lot, and new Planned Developments are subject to this notice requirement. N/A Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. 93-5 sigmitorr The foregoing "Affidavit ofNotice" was acknowledged before me this N day of bacce.4 6*'- ,20/c~,by â‚¬4- A". C leâ€¢U,â€¢ A WITNESS MY HAND AND OFFICIAL SEAL 1 PATRICK S. RAWLEY ~ NOTARY PUBLIC Mycommission expires: 7~24 /2 0 6â‚¬ SFATE OF COLORADO NOTARY ID #19994012259 My Commission Expires July 26, 2016 rp--est-0-Â£22 <D.-Ezk--L.'-~r-\ Notary Public ATTACHMENTS AS APPLICABLE: â€¢ COPY OF THE PUBLICATION â€¢ PHOTOGRAPH OF THE POSTED NOTICE (SIGN) â€¢ LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL â€¢ APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. Â§24-65.5-103.3 STAN CLAUSON ASSOCIATESING :~ landscape architecture.planning.resort design 412 North Mill Street Aspen, Colorado 81611 t. 970/925-2323 f. 970/920-1628 < info@scaplanning.com www.scaplanning.com 20 November 2014 Ms. Jennifer Phelan, AICP Deputy Director City of Aspen Community Development Department 130 S. Galena Street, 3rd Floor Aspen, CO 81611 i Re: 928 W. Hallam Street / Research of Mineral Estate Owners Dear Jennifer: On behalf of our clients, Gateway Aspen, LLC, and in connection with the Lot Split Application for the property located at 928 West Hallam Street, we have performed the public notice requirements as required by Sec. 26.304.060(E) of the City of Aspen Land Use Code. Among the requirements contained in Sec. 26.304.060(E) is the requirement to notify affected mineral estate owners by certified mailing at least fifteen (15) days prior to the date of the public hearing. Stan Clauson Associates, Inc. has researched the existence of mining claim or possession deeds dating to the late 19th century with the Pitkin County Clerk and Recorder's records (the "Public Records") using the Title Policy issued by Stewart Title, File Number 01330-43845, issued to Gateway Aspen LLC. A review of the Public Records does not generate any record of deeds relating to mining claims or possession deeds. This letter is submitted to you to confirm our good-faith attempts to locate a list of mineral estate owners. Please call me with any questions. Very truly yours, Signed before me this 20th day of 91- November, 2014 by Stan Clauson. WITNESS MY HAND AND OFFIC~A L SEAL Stan Clauson, AICP, ASLA MY COMMISSION EXPIRES: 7.26 < ' (~ STAN CLAUSON ASSOCIATES, INC. P*r-g-ict S . 9- *t,/ LEY Notary Public ~ PATRICK S. RAWLEY-~ -:32.-ca_m: 0. 2**444 1 NOTARY PUBLIC Notary Public's Signature 6235220161 NOTARY ID #19994012259 Enh ed Public Information - 928 W. Hallam Lo it Detailed Public Notice Mailing Gateway Aspen, LLC wishes to subdivide the 1 6,150 SF property located at 928 W. Hallam, parcel number 273512300015 into two parcels. 4, * 2 Â·Â·..,;* - ~~ The Property is located within the R-6 zone district of the City 4 -j .9 , : ~4 0 of Aspen. When subdivided, the resulting two lots, to be 1 i subject , * identified as Lots A and B, will consist of 10,150 SF for Lot A property -'---4 24 / 11~b and 6,000 SF for Lot B. The proposed lots will conform to 1 I the minimum lot size in the R-6 zone district of 6,000 SF. â€ž~ 2,~ 4~*~ Both lots will utilize the alley, the entrance of which is , r P ' located off of North 8th Street, as the primary means of 'r. 4 4 access. An existing Driveway Easement Agreement will allow the residents of both lots to cross the parcel immediately to the north of the subject property. Following approval of the lot split, the existing duplex located on the property will be removed and residential units are anticipated to be provided. All future residential development will require additional land use reviews. The residence on Lot B will compliment neighboring residential development and become an asset to the streetscape. The development on Lot A should be minimally visible from Hallam Street. The Aspen City Council will consider the application for Minor Subdivision Approval via Lot Split at a public hearing on Monday, 8 December 2014 at 5:00 pm. A representation of the proposed lot split is provided below: :..7.-,- Existing duplex to be removed 4/ ./ 1 ~- Â· Access to lots via alley 1 e - 2 . . < - rAâ‚¬, 90454 -'9521 ,/ 1 / *.-19 10.~SF Â· Lot; 6,000 SF ....42.,0 - .:14%%- .===- 1 1 This Detailed Public Notice Mailing is sent in connection with Sec. 26.304.035.Neighborhood Outreach of the City of Aspen Land Use Code and in accordance with the pre-application conference summary provided by the City of Aspen Community Development Department, dated 8 August 2014. 6 \ STAN CLAUSON ASSOCIATES INC 14â€¢dÂ·,ri" aâ€¢".titt4"/.r|/In,I+1.1,30/1 4/%|11 41. 110'/ .d S'-1 14â€¢n..loude M:dit L,/00* / 1 1,2 Â·4'JO 16,5 til,I-UDI-9IN~.ED- ...."01-*41.,- 2.1 r k, 7 M A. 1 4 . *4 - $ StÂ¥ . . 4 t I ..411-1.- - PUBUC NOTICE u 44. 1 / \ .\ I . ~ ' 7 12 . DATEÂ·. $ Decs,ber 2014 ' AÂ« I I ' -Z'* ' 1\PNEÂ·. 5 90 p m ~'~ PLACE. 04 Couo:A Chambees, . Ch HeD 130% Ga'*ma S'.ceet 1. Â¥,:.Â·lEÂ· , * .9 .:.Af ,"'21//11//A, ~*-~I~ .. PURPOSE. f . 74/6,1//Fi ' *4 - ;pâ€¢â€¢C'/Cc'.Â·d\Â·2..~~szder an ~~ t ./ Â· UL/. 14 avs â€¢.aton subtr:ted tÂ·,G .wa i .' A. 1....4-Â· 44 . Â·' -3 j-4Â·'* 1 1 A.ve \10 \605'N.t.'ain Ste 2. .% 7, F , , n f -- ..c, #314, 3 , Alw' CO h... 1.cort Of{1;Ases '.6 - * . .9,4. , f 1 4 - ./ T.t %\.,t'.ele' 5 9.4. Â·f\\Q.:,0 201% 44. 1 .i *wr.awsÂ·49.4#.,r,9%'*Vaiola 1'7 . 2 All .- - 2 + Ai, 11 --C - â€¢â€¢*K Â·Â· = * .f* 52 W.Â·c *â€¢'- 9 M.ra 47:k.4Â»<rbit-* tiu'â€¢ " , 5\*.fl , '42,<,r *9444/4 t#Ot,965. . . 4 4 I L- .--V/'.*.- .9,1 31 . 4 4 . .6-1-I-- - \ 4 /, IL :1;.-14- . I .1 '.:413 11 ' 4444% . - f'... .. , . 91 . ' . . 4,/ . 0. 4 a. ./ . ..I- .. 4-180.1. . : 444 75 24'. 9. I .. , 4/ 1 1 & :.AgÂ·; t ., I f 44 -6 > ..1 .1 I .4 V I ' Â£ 2 >le,â€¢:,a.ky - t.Â· . Â· rt X. 2 4. 9. .. . Â«1/ % 4 ..9 6. ..h + e, Â· N Â¥ P 44 . . . . . '. .4. .j,42 7 p Â£ f :. . 4.- . 4 . I '.Â¥* L . I - 1- 4 V /40$'liwil...B. . t. 1 , . 91; 0 ./ ..., , 4 , - -- 4 ' ./ : : ./ 7.........1 13 - -- ---'.'-I 4 0 Â· '. -il ./il- .- ... t:, 4, 7 '. 1 .~r . â€¢At . u, . *r *' el #Ul'.,7 4. '. 4,7 Ef ' 11 0 4\ ..le.,â€ž14 ,-- 9 PUBLIC NOTICE Â«r *1, 1 E ?W - . 1' 1 1 DATE: 8 December 2014 i \ 1,1 i A -9.,4 TIME: 5:00 p.m. PLACE: City Council Chambers, lal ~ ~~ Hall, 130 S. Galena Street All 1.., 11 1 ./ ,...,mâ€ž~~ PURPOSE: I~r -Â·-Â·p Aspen City Council will consider an -rvâ€ž . -----=m,Mmf application submitted by Gateway ill......-Il.V .Â¥ ~ 1.48 4,> Aspen, LLC (605 W. Main St. Ste. 2, t 4 Aspen, CO). Applicant proposes to subdivide this site into two lots. Applicant is requesting approval of a Lot Split through the Minor Subdivision review process. FOR FURTHER INFORMATION, CONTACT THE ASPEN PLANNING DEPARTMENT AT 970-920-5090. '*iii ,lihiA* i LAL,UN ASSOC ATES,t. 'Rze, - Â£03)6'g ill'lilsilb..-*. 9691"" ..14 - ..2 42...",4 , , h. I I.. I â€¢ *14 4 4 4 E I. 4/ L. 6* . '28 2 14 f. 2.19 +43Â¥ 2 th Â«40; 1 . 4- 2 I ./4 I." 'tÂ· ~4 4 , ' 4 ' j .2 & I 1.YÂ· a ~~ k ....2 .: I :,r, b ~5 4:4. ' . f t 11 I ./ 07 - . 1 1, i. e i , r; I i. 4.f# U.,y 4 4 4 e . i. .5/ * :t . 0 4 'V 3. t w .. , 1 2.1 i U 4, ./. ..0 . 7, ' 4.1, 1. t. . 1 V . I . t.'~~ 't~ A .4 HMV' 4 .h ' 1 * A. cm= ;72,23 J :."1 '4. t~ 0 itiewfilidaig Jitill"14"'ll"/1/2 PUBLIC NOTICE RE: Gateway Aspen Lot Split, Commonly known as 928 W. Hallam Street NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, December 8, 2014, at a meeting to begin at 5:00 p.m. before the Aspen City Council, in the City Council chambers, City Hall, to consider an application submitted by Stan Clauson Associates on behalf of Gateway Aspen, LLC (605 W. Main St, Suite 2, Aspen, CO). The Applicant requests Minor Subdivision approval via a Lot Split it to permit the creation of one additional lot for a total of two lots. The property is legally described as attract of land located in the SW1/4 (also known as Lot 9), Section 12, Township 10 South, Range 85 West of the 6th P.M., Pitkin County Colorado and more fully described within the application on file with the Community Development Department and commonly known as 928 W. Hallam Street. For further information,- contact Jennifer Phelan at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 920.5090, Jennifer.Phelan@cityofaspen.com S/Steve Skadron, Mayor Aspen City Council s/ City of Aspen Publish in The Aspen Times on November 20, 2014 Jam Free Printing 13399371 www. avery.com ~ AVERYÂ® 5160Â® Use AveryÂ® TEMPLATE 5160Â® Em~Immgmz] 1.800Â·GO-AVERY 31 ASPEN VILLAS LLC 5 STRING LLC 834 WEST HALLAM ASSOCIATES LLC 4 JACKSON DR PO BOX 1709 200 E MAIN ST ACTON,MA 01720 GATLINBURG, TN 37738 ASPEN, CO 81611 AARONS MARTI-IA REV TRUST ALDERFER JOHNNIE MAE ANDERSON ANGUS A 100 N 8TH ST#26 PO BOX 10880 277 WILLITS LN ASPEN, CO 81611 ASPEN, CO 81612 BASALT, CO 81621 ARETZ REALTY INC ASPEN COLORADO LLC ASPEN SQUARE CONDO ASSOC INC 4725 S MONACO ST #330 100 N 8TI-1 ST #5 617 E COOPER DENVER, CO 80237 ASPEN, CO 81611 ASPEN, CO 8161.1 ASPEN TOWNHOME LLC ASPEN VILLAS CONDO ASSOC INC ATKINSON SUZANNE E 2151 ROCKCRESS WY SHERMAN & HOWARD LLC 100 N EIGHTH ST#19 GOLDEN, CO 80401 201 N MILL ST #201 ASPEN, CO 81611 ASPEN, CO 81611 BECKER RACHEL 25% BELL MOUNTAIN TRUST .BENDON CHRISTOPHER J 1000 PARK AVE PO BOX 2792 920 W HALLAM ST NEW YORK, NY 10021 ASPEN, CO 81612 ASPEN, CO 81611 BEN-HAMOO PATRICE CONYERS BLAIR ALISON & WINFORD R BLANZ JAMES M PO BOX 2902 941 W HALLAM 6344 NW 50TH ST ASPEN, CO 81612 ASPEN, CO 81611 CORAL SPRINGS, FL 33067 BLAU SYLVIA BLUE MARCUS J BORDERICK MARK 1 GROVE ISLE DR #410 910 W HALLAM ST #11 939 W HALLAM MIAMI, FL 33133 ASPEN, CO 81611 ASPEN, CO 81611-1163 BRADY KAREN KAY BRITTINGHAM JOHN SHELBY BRUFF SHERLYNNE GUEST & HAROLD H 15 CASTLE HARBOR IS 100 N 8TH ST #22 1245 OLD TALE RD FORT LAUDERDALE, FL 333086011 ASPEN, CO 81611 BOULDER, CO 80303 BRUNT FAMILY LIMITED PARTNERSHIP BUDD MARTIN 50% CITY OF ASPEN 3814 CROWN BAY 215 OCEAN DR WEST 130 S GALENA ST ST THOMAS VIRGIN ISLANDS 00802, STAMFORD, CT 06902 ASPEN, CO 81611 CKS ASPEN LLC COHEN SANDRA REV TRUST COX BRANDON 1767 E MCMILLIAN ST 901 W FRANCIS ST FERTIG DALE M CINCINNATI, OH 45206 ASPEN, CO 81611 1009 S E 2ND ST FORT LAUDERDALE, FL 33301 AMBAV-09-008-1 r==Â¤22 1 9/201(14Â®0915 3Jvldw31 Â®41@AV Osn Â®09â€¢5 Â®AMBIAÂ¥ Iil ll[0)*leAe'MAAM BUQU!41 0311 luer 11.-/1 www.avery.com ~ AVERYÂ® 5160Â® Jam Free Printing Use AveryÂ® TEMPLATE 5160Â® EN:'Â»Mt=, 1-800-GO-AVERY CROSSETT JENNIFER A DEPAGTER JACOBUS ADRIAAN DITTMAR KRISTIN MURRY SHAWN P PO BOX 182 945 W HALLAM AVE 1333 E 3RD AVE ASPEN, CO 81612 ASPEN, CO 81611 0ENVER, CO 80218-3906 ECKART CHARLES F EIDSON JOY REVOCABLE TRUST FELDMAN CHESTER 119 MAPLE LANE 100 N 81-H ST #9 PO BOX 8193 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612 FOREST SERVICE ASPEN , FRANCIS STREET LLC FRASER KRISTINA B & GOLDSTEIN HEADQUARTERS PO BOX 1365 JEFFREY S UNITED STATES FOREST SERVICE ASPEN, CO 81612 1025 S RACE ST ~ DENVER, CO 80209 GABEL PAMEL.A SUE GELLER SCOTT GIBANS JONATHAN 943 W HALLAM 4755 SUMMERLIN RD #1 100 N 8TI-1 ST UNIT 1 ASPEN, CO 81611 FORT MYERS, FL 33919 ASPEN, CO 81611-3145 . GILES NATHAN R GORTAN TIZIANO & ENRICA U GREGORY KIRK NOURIAN NASIM 260 COLUMBINE CT GREGORY PETRA 1380 W AUTO DR BASALT, CO 81621 PO BOX 10055 TEMPE, AZ 85284 ASPEN, CO 81612 H & M REALTY LLC HARPER DONNA M REV TRUST HATCH DEBORAH SMITH REV TRUST 50% 814 W BLEEKER ST #02 27 PELICAN PL PO BOX 12366 ASPEN, CO 81611 BELLEAIR, FL 33756 ASPEN, CO 81612 HEISLEY MICHAEL E TRUST KEILIN KIM MILLER TRUST KENNER SAMUEL 70 W MADISON ST #5600 PO BOX 10064 1 GROVE ISLE DR #410 CHICAGO, IL 60602 ASPEN, CO 81612 MIAMI, FL 33133 KLUG WARREN E & KATHLEEN M 1<OSFIELD ASPEN LC KURTZ KAREN L QPRT 100 N 8TH ST #3 100 SE SECOND ST #2800 17358 S MCKENNA DR ASPEN, CO 81611 MIAMI, FL 33131 PLAINFIELD, IL 60586 LARNER JACQUELINE L LENK MEREDITH LEVINE MICHAEL A 376 DAHLIA PO BOX 44*15 3500 MYSTIC POINTE DR #1408 . DENVER, CO 80220 ASPEN, CO 81612 AVENTURA, FL 331802581 LRG PROPERTY TRUST LUU TONG KHON MADSEN GEORGE W JR & CORNELIA G 1100 CAMELLIA BLVD #201 TRAN TUYET LE 931 W FRANCIS ST LAFAYETTE, LA 70508 814W BLEEKER ST#B4 ASPEN, CO 81611 . ASPEN, CO 81611 AWaAV-OD-008-1 E.EZZ~ZZE/ glaqi,4 Â®091Â§ 31VldIAI31 Â®/tIeAV 050 Â®09LS Â®AR]El,/*f ~ LUO)*.I@Ae'MMAA 12**Il Bu!,u!41 9041 Uler rffat549?5] www,avery.coin Jam Free Printing ~ AVERY(ID 5160Â® Use AveryÂ® TEMPLATE 5160Â® EYSZZE- 1-800Â·GO*AVERY MANDERSON NANCY R 50% MANIE MYCHAL B MARKEY PETER & CHRISTINE 2212 R]CE BLVD 4589 SILVER DALE CT 922 W HALLAM HOUSTON, TX 770052628 CASTLE ROCK, CO 80108 ASPEN, CO 81611 I MATTHEWS DEE R MCNAIR STEPHEN & STACY MCNUTT LEXI & RAY Â· 5121 52ND ST NW 2 STILLFOREST PO BOX 9667 WASHINGTON, DC 20016-4379 HOUSTON, TX 77024 ASPEN, CO 81612 MCTAMANEY ROBERT A Ill 2012 FAMILY MENDELSON CLIFFORD MINNESOTA MATERNAL i - J ' i TRUST 4807 CUMBERLAND AVE FETEL MEDICINE 1 KUKIO 72 124 LAE KIKAUA MAUKA ST CHEVY CHASE, MD 20815 2115 DWIGHT LN , ' 6 Â·Â· Â·.; 2 KAILUA KONA, HI 96740 MINNETONKA, MN 55305 NAFTALIS RICHARD C & ELIZABETH Z NEUMAN JONAH 25% OTT JOHN & CAROL M 5315 ROYAL LN 333 CENTRAL PARK WEST 129 LITTLE ELK CREEK AVE '; , DALLAS, TX 75229 NEWYORK, NY 10021 SNOWMASS, CO 81654-9318 OTTEN DOUGLAS & GLENDA OVERTON PATRICIA J PAFFENDORF PAUL JEFFREY 5103 SEA PINES DR 100 N 8TH ST #24 604 E 1 ST ST #B DALLAS, TX 75287 ASPEN: CO 81611 DURANGO, CO 813015704 PITCHFORD BARBARA PLATERO ERIC P PLOTKE ELIZABETH PO BOX 8812 969 TROPIC BLVD 100 N EIGHTH ST #10 ASPEN, CO 81612 DELRAY BEACH, FL 33483 ASPEN, CO 81611 RAKESTRAW RONALD L REALUS TRUST REED BRENT H 947 W HALLAM ST 814 W BLEEKER Bl 100 N 8TH ST#6 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611-1124 ROTHMAN MARK S & SANDRA C RUECKERT WILLIAM SANCHEZ ANDY L & MICHELLE MAINS 100 N 8TH ST #12 850 HULLS FARM RD PO BOX 1801 ASPEN, CO 81611 SOUTHPORT, CT 06890 ASPEN, CO 81612 SANZONE SHERI A SAXON FAMILY DELTA TRUST SHAPIRO MARK 920 W HALLAM ST 6677 S EVANSTON CIR 4554 ROCK RIDGE LN ASPEN, CO 81611 TULSA, OK 74136 AKRON, OH 44333 SHARP DESIGNS INC SHERIDAN DAVID R 11 SHERMAN GARY M 936 W FRANCIS 4539 SILVER DALE CT 100 N EIGHTH ST #4 ASPEN, CO 81611 CASTLE ROCK, CO 801089039 ASPEN, CO 81611 Â®O9LS Â®AMBAW ~ UIO)'AleAe'MAAM AUHAV=09-008-1 E..ZE T ~39~4qÂ®0915 31VldIA!31 Â®41@AvesA ounuild eal:1 luef I' www.avery.corn Jam Free Printing ~ AVERYÂ® 5160Â® Use AveryÂ® TEMPLATE 5160Â® 1-800-GO-AVERY SHURMAN JOHN & CAROLYN SIEGEL ELIZABETH N & NEIL B STEINBERG EDWARD M & TOMI A 100 N 8TH ST #29 100 N 8TH ST UNIT 8 814 W BLEEKER ST #Al ASPEN, CO 81611 ASPEN, CO 816113145 ASPEN, CO 81611 STRASSBURGER SARAH E STUART DONA TALENFELD EL]ZABETH G 910 W HALLAM ST PO BOX 11733 915 W FRANCIS ST APT 3 ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611-1158 TOPELSON ALEJANDRO TORREANO MARGARET ANN TORREANO MARIE HELEN 4725 S MONACO ST #330 814 W BLEEKER ST #E6 5031 BALLARAT LN DENVER, CO 80237-3468 ASPEN, CO 81611 CASTLE ROCK, CO 80108 TRAN HONG HUONG VALLEY MIA C VILLA 15 LLC 50% 814 W BLEEKER ST #Cl 100 N 8TH ST #20 PO BOX 1307 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612 WERNER MICHAEL B WEST END PROPERTY LLC WEST SOREN P & KAREN C 3800 HOWARD HUGHES PKWY #1230 814 WEST BLEEKER ST #B6 853 PLEASURE RD LAS VEGAS, NV 891695915 ASPEN, CO 81611 LANCASTER, PA 17601 WICKERT JILL A TRUST WILLIAMS DAVID A & BONNIE JO WYLY CHERYL R MARITAL TRST 16255 VENTURA BLVD #800 100 N EIGHTH ST #18 3905 BEVERLY DR ENCINO, CA 91436 ASPEN, CO 81611 DALLAS, TX 75205 AMBAV-09-008-L =g. lk'b *09LS 31VldV\I31 Â®KleAV esa Â®091.5 Â®AMBAW 1~ lt{03'/tteAe'MAAM 153-ENEI Bunulld Bald wei 1 L 0-- W SMUGGLER ST 0 75 150 8 0#/j , < 1 - This map/drawing/image is a graphical representation i 1 1 1 1 1 41, Feet 0 C representation. The accuracy may change S of the features depicted and is not a legal Â»%.9 ~ cm r i-~__0-5 depending on the entargement or reduction. r--2 Copyright 2014 Aspen/Pitkin GIS / /0 111 Â·-1 â‚¬-1 9/29/2014 10:27:49 AM C:\GIS\temp\Sept14\928WHallamSt. mid -i ~~ LRG 1-1 j MCTAMANEY-1 . 1 ........ ...... 4 $ SHARP ~ PROPERTYI Â£ ROBERTAIN 2012 4 ~J L-OP 1- U'WERNER ~. ~ DESIGNS 1 J T'3UST .]11 r FAMILY TRUST -4 MjCHAEL B ING 11 1 Ill. f L.-.-9-J 1LsAXON, FAMILY 1 11 I j f ./ 2 i ill -i ~ jl-- DELTA'TRUST T 1 tiv-i L_ 1 0: W FRANCIS ST ~~ r,-1 r,4 i FOREST ~- - 0 ~ ~ 1 I MADSEN 1 r-FRANCIS.-fSSOC :--- 4 SERVICE ASPEN HEADQUARTERS <GEORGEÂ·WURI STREETELC %1 2 1 #'ARTON 44 &*ORAE.911 1%=%% P 1 - ==4 l15 9-C; 33211 1 1-11Â¥ 1 44= 1 = U L L 11 - SAGEWOSD:- ' , ASPEN ASPEN , -MARKEYâ€¢RETER' I CONDO-r r-.00.------.-- 11 1 & CHRISTINE ,& r--3~ ASSOC i 834 WEST HALL?AM &j BENDdN~ ~ CLZLEZI A i 14 L.3 ICHRISTORHER J)|-,4-1 Â§ ASSOCIATES LLC 0 0 1 L-, 11 \\ >Un 1 1> U IPO B *SPEN LC 0 LJ ..,P ' 1 -1%2 -1 \\ U. - HV\Al 82 ~ 39 W HALLAM ST a C 1 / ri- 1BED HOUSE 04.4&25 1-1 7-4.....I. CONDO ASSOC ' ENOLA[ 0 \904/ j . CLU# 7/ â‚¬ ~ 'GREGERY ~1<1 R# . 411 . ODd / DPNX-'N L 4-4 \ - 1 -Il: ASPEN VIL-LAS ALDERFER N \ V R 'v' A k# i i-1 CONDO iffuh r- (--1 JpHNNIE MAEj 1 ~ VV Â»111 1 1 1 7:~ ASSOC INC, ~ ~ o t---1 \ 1 1 1 X<>/ 1 , 17% ...Â£= L Lu'-1 " , 11. - 1 Eli+-9 1 CITY OF ASPEN .-- 1 --- / AU 8 a W BLEE <ER ST E 3 1\ VILLASOFASPEN DEPAGTER, 4-7 \~p\ANHOUSEESASSOC .,/'i, ~ JACOBUS i .\ \: } ADRIAAN ~~_~~ aÂ« 9-i 1 1 i Â©8 - Al I FY .-. 4-- t 1 V 1 i---1 r[Fl 1 11\ .El~.53~ ~0 4__I l.-9 t W MAIN ST lS H18 N S HlZ N Regular Meeting Aspen City Council November 24,2014 Mayor Skasron let the applicant know he will be interested in every variance asked for. Ms. Phelan stated Staff will do a presentation so Council can see that in relation to the building. Councilwoman Mullins said she will be looking for some justification for the variance requests. She is surprised it has gotten as far as it has. Councilman Romero moved to read Ordinance #39, Series of 2014. seconded by Councilwoman Mullins. All in favor. motion carried. ORDIANNCENO. 39 (SERIES OF 2014) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING CONCEPTUAL COMMERCIAL DESIGN REVIEW APPROVAL, CONDITIONAL USE APPROVAL, SPECIAL REVIEW APPROVAL, PLANNED DEVELOPMENT - PROJECT REVIEW APPROVAL, SUBDIVISION APPROVAL, TIMESHARE APPROVAL, AND GROWTH MANAGEMENT APPROVALS, FOR A SITE SPECIFIC DEVELOPMENT PLAN FOR THE SKY HOTEL SUBDIVISION/PLANNED UNIT DEVELOPMENT LOCATED ON PROPERTY COMMONLY KNOWN AS 709 E DURANT AVENUE. CITY OF ASPEN PlTKIN COUNTY COLORADO, AND AMENDING ORDINANCES 12, SERIES 1961,2, SERIES 1962, AND 3, SERIES 1962. Councilman Romero moved to adopt Ordinance #39, Series of 2014 on first reading: seconded by Councilwoman Mullins. Roll call vote, Councilmembers Romero. yes; Mullins, yes; Mayor Skadron, yes. Motion carried. Ordinance #41, Series of 2014 - 928 W. Hallam Street, Minor Subdivision Ms. Phelan stated this is a lot split application for 928 W Hallam Street and the request is by Gateway Aspen, LLC who is represented by Stan Clauson Associates. The request is subdivision approval for a lot split and will create a total o f two development lots. Lot B is proposed to be a minimum o f 6,000 square feet which would accommodate a single family residence. Lot A is approximately 10,100 square feet which would permit a duplex. The site is the last lot before crossing Castle Creek Bridge heading west. Access has been reconfigured off the alley via a number of easements. Staff is suggesting second reading be set for December eighth. It may have slightly reconfigured lots at second reading. Currently Lot B is shown to contain a sliver of land where the ownership is unclear. Staff has suggested i f ownership can't be resolved by the second hearing the lot should be reconfigured to not include that and take from the larger lot to meet minimum lot sizes. There are conditions in the ordinance to create a formal access easement and utility easements, Mr. True said there is a section of properly with questionable ownership but it can be resolved by reconfiguring. He is fine with moving forward. The lot size is big enough for adjusting. Mayor Skadron asked if Council is acting on a property the applicant can't prove they own and is this something Council wants to get involved with. Mr. True stated staff recognizes the applicant can't take action on property they do not own and if it is not resolved by second reading there are other mechanism to resolve it. Ms. Phelan said it is about 100 square feet and they would pull the same amount from the larger lot. Mayor Skadron said Council needs to know if they have jurisdiction to decide on a parcel if the owner is absent. Mr. True said they are not suggesting that. There is plenty of property to adjust the size of lot B. When the City takes action at second reading there is no question of ownership. 5 Regular Meeting Aspen City Council November 24, 2014 Councilman Daily asked if the access easement proposed through neighboring properly is adequate for the purpose. Ms. Phelan replied the access easement is recorded and for access to these two lots. Councilman Daily stated he wants to be sure that access across the privately owner parcel is adequate. Ms. Phelan said she will have better visuals at second reading. Councilwoman Mullins moved to read Ordinance #41, Series of 2014: seconded by Councilman Daily. All in favor, motion carried. ORDINANCE NO. 41 (SERIES OF 2014) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A MINOR SUBDIVISION, TO BE KNOWN AS GATEWAY ASPEN LOT SPLIT, COMMONLY KNOWN AS 928 W. HALLAM STREET, CITY OF ASPEN, PITKIN COUNTY. COLORADO. Councilman Romero moved to adopt Ordinance #41, Series of 2014 on first reading. seconded by Councilman Daily. Roll call vote, Councilmembers Mullins, yes: Daily, yes; Romero, yes; Mayor Skadron, yes. Motion carried. Ordinance #40. Series of 2014 - Pitkin County Center Subdivision - Major subdivision, Rezoning Justin Barker, community development, told the Council this application was submitted by the Pitkin County Commissioners represented by Stan Clauson Associates. The application contains two properties: the West containing the Courthouse and Jail which is zoned as public and the East property containing the plaza building zoned as commercial core. The applicant is requesting a major subdivision and rezoning approval. This includes the merger of the two lots into one combined lot, rezoning of the entire property as public and requesting the City to vacate an unused portion of the alley and the associated access easement. This will create a unified lot for county facilities that can be easily managed and designed. P&Z reviewed this on November 1 1 th with unanimous approval. Sta ff recommends approval and second reading for January 12m Councilwoman Mullins requested more detail on the conditions, discussion ofproperly ownership, and does anything effect the City's facilities plan. Mayor Skadron stated he needs a comment on the vacation. Mr. Barker replied an ordinance from 1975 was a supposed vacation for the alleyway but subsequent plats do not show it as vacated. Mayor Skadron asked what the City's benefit is. Mr. Barker said it is a harmonization between the City and County and the public purpose they serve. Patrick Rawley, Stan Clauson Associates, said the benefit is to the community as a whole for Pitkin operations to consolidate and set the table for future development as needed. Jodi Smith, Pitkin County, said the properly they are asking the City to vacate is 160 square feet and they have already been managing and maintain it. There are plans to do something with the plaza and this would clean up the back area. Mr. Rawley said the alley has no connection to any right of way. Mayor Skadron asked if we know the City has a parcel the County has been managing. Mr. True replied the whole area has been somewhat di fficult for the City and County for a lot of years. There have been various efforts to clean up the ownership. Every once in a while there is a process like this to clean it up better. Councilwoman Mullins moved to read Ordinance #40, Series of 2014, seconded by Councilman Daily. Motion carried. ORDINANCE NO. 4() (SERIES OF 2()14) 6 MEMORANDUM TO: Mayor Skadron and Aspen City Council FROM: Jennifer Phelan, Deputy Planning Director RE: First Reading of Ordinance No. -, Series of 2014 - 928 W. Hallam Lot Split - Minor Subdivision MEETING DATE: November 24, 2014 (Second Reading scheduled December 8,2014) APPLICANT: SUMMARY: Gateway Aspen, LLC The Applicant requests approval of a lot split allowing the division of the existing lot into two REPRESENTATIVE: lots. Stan Clauson Associates, Inc. STAFF RECOMMENDATION: LOCATION: Staff recommends approval of the request. 928 W. Hallam CURRENT ZONING & USE: Medium- Density Residential (R-6) with a duplex residence on the lot PROPOSED LAND USE: Two lots, one permitting a single family residence and a second permitting a duplex LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting the following land use approvals: A Lot Split for the purpose of creating one additional development parcel pursuant to Land Use Code Section 26.480.060.A (City Council is the final review authority). PROJECT SUMMARY: The subject property is adjacent to the Castle Creek Bridge and currently contains a duplex residence. As proposed, the lot is to be subdivided into two lots with one lot containing 10,250 sq. ft. (proposed Lot A) and a 6,000 sq. ft. (proposed Lot B). Lot A will permit up to a duplex density while Lot B will permit a single family home. 1 Figure 1: Aerial of subject property + 1240 i b , . @'-wi - r -,4 4 ' Â· -- wl/EY)6/4 429/4: A / C. .4 . 1, . .+ , k - : r:.a, c 94'4.24 STAFF EVALUATION: Minor Subdivision -The Applicant is requesting a Lot Split to develop one additional lot, for a total of two lots. A lot split is required to meet certain review criteria (Exhibit A). Besides meeting the underlining zone district standards, the lots are reviewed to ensure access to the street system and utilities are available to serve the lots. Two access easeinents provide access to a public way via the alley located in Block 4 of the Aspen townsite towards the rear of the properties. The first easement is through an adjacent property, providing access to Lot B, while a second easement is being proposed, as part of the subdivision plat, through Lot B to access Lot A. This will be the sole access to the lots as the engineering design standards do not permit a curb cut from Highway 82. Figure 2: Proposed lot configuration 444 ... 1 \ 6 I */ 1 Platp_-1 lot A 1.. 1 42-1 l -1 1 1 1 , i ,Â·1 14 1 11 r. - f Et.:'' 5 9. - 1 21 / , - I 7.... I f '. I j , =-.-I r (Â» 7,10'~ ..) 00Â£04067 7 .... 4%4~-G-'Ah - * R.-6~~~â€¢1~*M~â„¢~*6â€¢â€¢1~*4~~~-~2'1~~M'- - IN i'ny 2 2 4 The original townsite ends along the easterly boundary of this property. The Applicant is proposing Lot B to be in a reverse 'L' shape rather than a more traditional rectangle that one finds in the West End. Staff recognizes that there are some significant slopes associated with this parcel but Lot B could better approximate the typical townsite lot configuration and provide a less narrow, easier to develop lot: however, somewhat unorthodox lot configurations do exist throughout the community. The lots meet the underlying dimensional standards of the R-6 zone district and the Applicant feels that Lot B's configuration will not impact its development potential, REFERRAL COMMENTS: Sanitation - Ensure both lots have access and easements to get to the manhole in the alley of Bock 4. Utilities - Adequate easements need to be provided for both water (from the street) and the electric (from the alley). Parks - Trees around the perimeter of the lots to be preserved. Large trees on the interior most likely will be able to be removed. but a more thorough inspection needs to be done. Mitigation will be required for any trees removed. Engineering - Utilities should be marked on the survey to identify whether any utility easements should be included across Lot B to Lot A. The access easement should not be "approximate." The top of slope line should be removed. STAFF RECOMMENDATION: Staff finds the request meets the subdivision review criteria. The request will create one additional lot. Minor changes to the plat will need to occur prior to recording such as formalizing the access and utility easements for the lots and removing the top of slope line. Staff recommends APPROVAL ofthe request. RECOMMENDED MOTION (ALL MOTIONS ARE IN THE AFFIRMATIVE): '1 move to approve Ordinance _, Series of 2014 which grants a lots split for 928 W. Hallam on first reading." EXHIBITS: A. Review Criteria - Minor Subdivision B. Application Uj ORDINANCE NO. 41 (SERIES OF 2014) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A MINOR SUBDIVISION, TO BE KNOWN AS GATEWAY ASPEN LOT SPLIT, COMMONLY KNOWN AS 928 W. HALLAM STREET, CITY OF ASPEN, PITKIN COUNTY, COLORADO. PARCEL ID: 2735-123-00-015 WHEREAS, the Community Development Department received an application from Gateway Aspen, LLC, represented by Stan Clauson Associates, requesting approval of lot split to develop one additional lot; and, WHEREAS, the property is zoned Medium Density Residential, R-6; and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended in favor of the proposal; and, WHEREAS, pursuant to Section 26.480.060, Minor Subdivisions, the City Council may approve a Minor Subdivision, during a duly noticed public hearing after considering comments from the general public, a recommendation from the Community Development Director; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation ofthe Community Development Director. the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, during a duly noticed public hearing on December 8, 2014, the City Council approved Ordinance No. 41, Series of 2014, by a to (_ - _) vote, approving the Gateway Aspen Lot Split through the Minor Subdivision review process; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1: Approvals Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City Council herby approves the Gateway Aspen Lot Split, creating two lots meeting the underlying zone district dimensional standards conditioned on the following: Ordinance No 41, Series 2014 Page 1 of 3 1) A formal access easement shall be dedicated over Lot B for the benefit of Lot A with the recordation of a plat. 2) Adequate Utility Easements shall be provided for water, electric, and sewer service with the recordation of the plat. 3) The existing house on Lot A may be maintained; however, prior to the development of either Lot A or B, it shall be verified that the existing house on Lot A complies with the allowable Floor Area for the lot, shall be made to comply or shall be demolished. Section 2: Plat The Applicant shall record a lot split plat that meets the requirements of Land Use Code Section 26.480, Subdivision. within 180 days of approval. No development agreement is required to be recorded in conjunction with the filing of a plat. Section 3: Subdivision No further subdivision may be granted for the newly created lots. Section 4: Severability If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent .jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5: Existiniz Litigation This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided. and the same shall be conducted and concluded under such prior ordinances. Section 6: Approvals All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 7: Public Hearing A public hearing on this ordinance shall be held on the 8th day of December, 2014, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen. Colorado. a minimum of fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 24th day of November, 2014. Ordinance No 41, Series 2014 Page 2 of 3 Attest: Linda Manning, City Clerk Steven Skadron, Mayor FINALLY, adopted, passed and approved this day of ,2014. Attest: Linda Manning, City Clerk Steven Skadron, Mayor Approved as to form: James R. True, City Attorney Ordinance No 41, Series 2014 Page 3 0 f 3 Exhibit A: Subdivision Review Criteria 26.480.060. Minor subdivisions. The following types of subdivision may be approved by the City Council, pursuant to the provisions of Section 26.480.030 - Procedures for Review, and the standards and limitations of each type of subdivision, described below: A. Lot Split. The subdivision of a lot for the purpose of creating one additional development parcel shall be approved, approved with conditions, or denied by the City Council, pursuant to Section 26.480.030 - Procedures for Review, according to the following standards: 1. The request complies with the requirements of Section 26.480.040, General Subdivision Review Standards. Staff Finding: As addressed below, stqff,finds that the subdivision review standards are met. Stafflinds this criterion met. 2. No more than two lots are created by the lot split. No more than one lot split shall occur on any one fathering parcel. Staff Finding: Only two lots are being created via the lot split. Stafffinds this criterion met. 3. The Lot Split Plat shall be reviewed and recorded in the office ofthe Pitkin County Clerk and Recorder, pursuant to Chapter 26.490 - Approval Documents. No subdivision agreenient need be prepared or entered into between the applicant and the City unless the Community Development Director determines such an agreement is necessary. Staff Finding: The draft plat will be reviewed for compliance with Chapter26.490, Approval Documents prior to recording. A subdivision agreement is not necessary for the lot split. Staff finds this criterion met. 26.480.040. General subdivision review standards. All subdivisions shall be required to conform to the following general standards and limitations in addition to the specific standards applicable to each type of subdivision: A. Guaranteed Access to a Public Way. All subdivided lots must have perpetual unobstructed legal vehicular access to a public way. A proposed subdivision shall not eliminate or obstruct legal vehicular access from a public way to an adjacent property. All streets in a Subdivision retained under private ownership shall be dedicated to public use to ensure adequate public and emergency access. Security/privacy gates across access points and driveways are prohibited. Staff Finding: Two access easements provide access to a public way via the alley located in Block 4 of the Aspen townsite, towards the rear of the properties. The first easement is through an adjacent property, providing access to Lot B, while a second easement is being proposed, as part of the subdivision plat, through Lot B to access Lot A. This will be the sole access to the lots as the engineering design standards do not permit a curb cut from Highway 82. Stafffinds this criterion met. B. Alignment with Original Townsite Plat. The proposed lot lines shall approximate, to the extent practical, the platting of the Original Aspen Townsite. and additions thereto, as applicable to the subject land. Minor deviations from the original platting lines to accommodate significant features ofthe site may be approved. Staff Finding: The original townsite ends along the easterly boundary of this property. The Applicant is proposing Lot B to be in a reverse 'L' shape rather than a more traditional rectangle that one finds in the West End. Stqff recognizes that there are some significant slopes associated with this parcel but Lot B could better approximate the typical townsite lot configuration and provide a less narro-w, easier to develop lot however, somewhat unorthodox lot configurations do exist throughout the community. Stat.Hinds this criterion met. C. Zoning Conformance. All new lots shall conform to the requirements of the zone district in which the property is situated, including variations and variances approved pursuant to this Title. A single lot shall not be located in more than one zone district unless unique circumstances dictate. A rezoning application may be considered concurrently with subdivision review. Staff Finding: Both lots meet or exceed the minimum lots size requirements and minimum lot width. Both lots are located within a single zone district. Stafffinds this criterion met. D. Existing Structures, Uses, and Non-Conformities. A subdivision shall not create or increase the non-conformity of a use, structure or parcel. A rezoning application or other mechanism to correct the non-conforming nature of a use, structure, or parcel may be considered concurrently. In the case where an existing structure or use occupies a site eligible for subdivision, the structure need not be demolished and the use need not be discontinued prior to application for subdivision. If approval of a subdivision creates a non-conforming structure or use, including a structure spanning a parcel boundary, such structure or use may continue until recordation of the subdivision plat. Alternatively. the City may accept certain assurance that the non-conformities will be remedied after recordation of the subdivision plat. Such assurances shall be reflected in a development agreement or other legal mechanism acceptable to the City Attorney and may be time-bound or secured with a financial surety. Staff Finding: The existing duplex structure is conforming on proposed Lot A with regard to setbacks and allowed density. Floor Area calculations for the structure have not been provided; however, a condition has been included in the ordinance requiring the demolition of the existing residence prior to development occurring on either lot. Stafffinds this criterion met. 6*60-b i , LAND USE APPLICATION 30 September 2014 Location: 928 W. Hallam Street PID: 273512300015 f f i - -' - 3.'Uâ€¢.7 --- & . I ./... . , Alley ..M4,â€¢ . 2, :%- tril:,3..f~--, 2-. AQ, .+ Â· 1&.Ne-,4.4 k,:un / 01 07=23.1.) ... . - I I 1 EL-ft------- ** / -1- Lot A ..t..al ' --- ; le'll': i '.--: f Â» Â£--0 ---7 , 4 , : . 1 1 . 1 # I. A Lota , 8 4 1*4.. 1 1 'b 14. r F 1 8. % 22/4 / - - - _-Fl.,2.fti'U-P'L k 1 7.....1 1 (S #*0* f 0 7,1- 'o $0) W ........44' Clle NQIÂ£& ,-IWI 00Â£02400 4- 3 I././00$/ u...,r.. câ„¢.;L~ I,m -.(.. i.,0 -... .4977Â£4Â£~32*4YAn - 04 â„¢'10" /% 7,r C.le t'Â°220"Â·~~ 31?*m9Ezinlmili.mt:ff.IvEE.9......mt. A Lot Sp/it application to subdivide the 16,150 SF lot into two (2) fee simple lots - Lot A will consist of 10,150 SF. Lot B will consist ot 6,000 SF Represented By: ' .,4 f. b:. STAN CLAUSON ASSOCIATESING Â· Â· 1 landscape urchilecture.plarinilig.,ebuit de,ign L Â·Â·7--u 1 1<.1 1 ...4 1 â€¢ *. ' 6,2 Noith Mill Stree: As:,eli. folorado 8161% 1.970/9,5Â·73,3 f. 970/920Â·1628 :.... Â·Â·'.Â·i:2 .fo'as.Plan,~,11Â£... WWWS'/Plannilg.Com (S .WOn 7<1031 TABLE OF CONTENTS â€¢ Project Overview and Code Response â€¢ Land Use Application Form (Attachment 2) â€¢ Dimensional Requirements Form (Attachment 3) â€¢ Attachment 4- Vicinity Map and Property Description â€¢ Attachment 5 - Existing Conditions Survey â€¢ Attachment 6 - HOA Compliance Policy â€¢ Attachment 7 - Draft Subdivision Plat â€¢ Attachment 8 - Proof of Ownership â€¢ Attachment 9 - Letter of Authorization â€¢ Attachment 10 - Driveway Easement Agreement and map â€¢ Attachment 11- Adjacent Property Owners within 300' â€¢ Attachment 12 - Pre-Application Conference Summary 928 W. Ha//am Street P/D: 273512300015 30 September 2014 PROJECT OVERVIEW Gateway Aspen, LLC (the "Applicant") is requesting subdivision of the 16,150 SF property located at 928 W. Hallam, parcel number 273512300015 (the "Property"). The Applicant has recently purchased the Property from Crystal Palace Corporation. This application has been completed in conformance with the pre-application conference surnrnary dated 8 August 2014. The Property is located within the R-6 (Medium-Density Residential) zone district of the City of Aspen, When subdivided, the resulting two (2) fee simple lots, identified as Lots A and B of the enclosed draft Lot Split Plat, will consist of 10,150 SF for Lot A and 6,000 SF for Lot B. Configured as theyare, the proposed lots will easily conform to the minimum lot size in the R-6 zone district of 6,000 SF. The presence of steep slopes, which impact the western portions of the site, as well as areas of easement require the reduction of net lot area. Net lot area provides the basis of the available floor area that can be developed on the lots. Steep slopes and areas of easements reduce the net lot area on Lot A to 7,612 SF and the net lot area on Lot B to 3,846 SF. The resulting maximum available floor area is therefore calculated for Lot A to be 3,466 SF for a single-family residence or 3,858 SF for a duplex. Available floor area for Lot B is 2,637 SF for a single family residence. The Property is located within 100' of Castle Creek and as such must meet the requirements associated with the Stream Margin setbacks, as required by the City of Aspen Land Use Code. No development will be located within 15' of the surveyed top of slope and applicable height limitations associated with the Stream Margin setback will be met. Both lots will utilize an alley, the entrance of which is located off of North 8,11 Street, as their primary r-neans of access. Lot B will also have frontage off of Highway 82. An existing Driveway Easement Agreement, recorded at reception nurnber 610646, will allow the residents of both lots to cross Parcel 1 of the Second Amendment to the Herndon Subdivision, which is located immediately to the north of the site. A second easement will be provided by the owners of Lot B for the residents of Lot A to allow Lot A's driveway to cross a portion of Lot B. Currently, a duplex residential structure is located on the Property. The structure will be removed prior to recordation of the subdivision plat. The subdivision plat will be recorded within 180 days of final approval or within the deadline of any extension that may be granted by the Community Development, if such an extension is requested and approved. The construction of either two single farnily residences or a duplex and a single-family residence will be consistent with current use patterns in the neighborhood and comply with applicable dimensional requirements of the R-6 zone district. The individual lots would be served by separate utilities, but would not require any additional public facilities. We look forward to working with staff in connection with this application and presenting this proposal to the City Council. 928 W. Ha//am Street PID: 273512300015 Page 1 30 September 2014 LAND USE CODE SECTION RESPONSES 26.480.030. Procedures for review. A development application for a subdivision approval shall be reviewed pursuant to the following procedures and standards and the Common Development Review Procedures set forth at Chapter 26.304. According to the type of Subdivision requested, the following steps are necessary: B. Minor Subdivisions. City Council, during a duly noticed public hearing, shall review a recommendation from the Community Development Director and shall approve, approve with conditions, or deny an application for minor subdivision, based on the standards of review in Section 26.480.060, Minor Subdivision. This application for Minor Subdivision - Lot Split has been prepared in conformance with the pre-application conference summary dated 8 August 2014. 26.480.060. Minor subdivisions. The following types of subdivision may be approved by the City Council, pursuant to the provisions of Section 26.480.030 - Procedures for Review, and the standards and limitations of each type of subdivision, described below: A. Lot Split. The subdivision of a lot for the purpose of creating one additional development parcel shall be approved, approved with conditions, or denied by the City Council, pursuant to Section 26.480.030 - Procedures for Review, according to the following standards: 1. The request complies with the requirements of Section 26.480.040, General Subdivision Review Standards. 26.480.040. General subdivision review standards. All subdivisions shall be required to conform to the following general standards and limitations in addition to the specific standards applicable to each type of subdivision: A. Guaranteed Access to a Public Way. All subdivided lots must have perpetual unobstructed legal vehicular access to a public way. A proposed subdivision shall not eliminate or obstruct legal vehicular access from a public way to an adjacent property. All streets iii a Subdivision retained under private ownership shall be dedicated to public use to ensure adequate public and emergency access. Security/privacy gates across access points and driveways are prohibited. The proposed subdivision will provide a perpetual unobstructed legal vehicular access to a public way. B. Alignment with Original Townsite Plat. The proposed lot lines shall approximate, to the extent practical, the platting of the Original Aspen Townsite, and additions thereto, as applicable to the subject land. Minor deviations from the original piatting lines to accommodate significant features of the site may be approved. The proposed lot line will conform to the alignment of the original townsite platting to the extent practical. Lot B, as the more visible lot of the proposed subdivision, will front Highway 82 and generally conform to the alignment of the original townsite plat. Lot A will not have any direct frontage off of Highway 82 and due to site constraints will not align with the original townsite plat. C. Zoning Conformance. All new lots shall conform to the requirements of the zone district in which the property is situated, including variations and variances 928 W. Hallam Street P/D: 273512300015 Page 2 30 September 2014 approved pursuant to this Title. A single lot shall not be located in more than one zone district unless unique circumstances dictate. A rezoning application may be considered concurrently with subdivision review. The new lots will conform to the requirements of the R-6 zone district. No amendments to the Official Zone District Map are proposed as part of this application. D. Existing Structures, Uses, and Non-Conformities. A subdivision shall not create or increase the non-conformity of a use, structure or parcel. A rezoning application or other mechanism to correct the non-conforming nature of a use, structure, or parcel may be considered concurrently. The subdivision will not create or increase any non-conformity of use, structure, or parcel that may be present on the Property. The existing use of the Property and the existing structure will remain until such time that the lot split plat is recorded with the Pitkin County Clerk and Recorder. 2. No more than two lots are created by the lot split. No more than one lot split shall occur on any fathering parcel. No more than two lots will be created as a part of this proposed Lot Split. No prior lot split has occurred on this fathering parcel. 3. The Lot Split Plat shall be reviewed and recorded iii the office of the Pitkin County Clerk and Recorder, pursuant to Chapter 26.490 - Approval Documents. No subdivision agreement need be prepared or entered into between the applicant and the City unless the Community Development Director determines such an agreement is necessary. A Lot Split Plat, a draft of which has been included in this application, will be recorded within 180 days of final approval. A subdivision agreement should not be required, given the simple nature of this proposal and the fact that no additional infrastructure will be required. 26.480.080. Subdivision application contents. An application for a subdivision shall include the following: A. The general application information required in common development review procedures set forth at Section 26.304.030. B. Written responses to the review criteria applicable to the request. C. A Draft Plat meeting tile plat requirements of Chapter 26.490 - Approval Documents. This application provides all the information required as set forth in Sec. 26.304.030, including general application information, written responses to the applicable review criteria, and a draft plat which adheres to the requirements contained in Chapter 26.490. 26.575.020. Calculations and Measurements A. Purpose. This section sets forth methods for measuring floor area, height, setbacks, and other dimensional aspects of development and describes certain allowances, requirements and other prescriptions for a range of structural components, such as porches, balconies, garages, chimneys, mechanical equipment, projections into setbacks, etc. The definitions of the terms are set forth at Section 26.104.100 - Definitions. 928 W. Hallam Street P/D: 273512300015 Page 3 30 September 2014 All calculations of floor area, height, setbacks, and other dimensional aspects of the proposed lot split, as applicable, will be performed in accordance with Sec. 26.575.020. C. Measuring Net Lot Area. A property's development rights are derived from Net Lot Area. This is a number that accounts for the presence of steep slopes, easements, areas under water, and similar features of a property. The presence of steep slopes over 30% slope, which impact the western portions of the site, as well as areas of easement, requires the reduction of net lot area, which provides the basis of the available floor area that can be developed on the lots. Steep slopes and areas of easernents reduce the net lot area on Lot A to 7,612 SF and the net lot area on Lot B to 3,846 SF. The resulting maximum available floor area is therefore calculated for Lot A to be 3,466 SF for a single-family residence or 3,858 SF for a duplex. Available floor area for Lot B is 2,637 SP for a single family residence. E. Measuring Setbacks. 1. General. Required setbacks shall be unoccupied and unobstructed within an area extending horizontally from the parcel boundary to the setback line and vertically above and below grade, excepting allowed projections as described below. Setbacks conforming to the R-6 zone district requirements and delineated according to applicable code will be meet. The front lot lines for both lots will be oriented towards Colorado Highway 82. 2. Determining Front, Rear, and Side Yards. The front yard setback shall be measured from tile front lot line. The Front Lot Line shall be the parcel boundary closest to or dividing a lot from a Street or street right-of-way. All parcels have a front lot line. There shall not be more than one front lot line. The rear yard setback shall be nieasured from the rear lot line. The Rear Lot Line shall be the parcel boundary opposite the front lot line. All parcels have a rear lot line. A parcel shall have only one rear lot line. Side yard setbacks shall be measured from the side lot lines. Side lot lines shall be those parcel boundaries other than a front or rear lot line. All parcels will have at least one side lot line and may have multiple side lot lines. Setbacks conforming to the R-6 zone district requirements and delineated according to applicable code will be meet. The front lot lines for both lots will be oriented towards Colorado Highway 82. 26.304.035. Neighborhood Outreach A. Purpose. In order to facilitate citizen participation early iii the development review process, the City requires development applications to conduct neighborhood outreach. The purpose of the outreach is to inform neighbors and interested members of the public about the project. The applicant must show a concerted effort inform neighbors and the public about the application prior to the first public hearing. The Applicant will provide neighborhood outreach in conformance with the Sec. 26.304.035.Neighborhood Outreach. The neighborhood outreach will take the form of one or more of the approved methods of outreach, including, but not limited to an information meeting held in proximity to the Property, a detailed public notice mailing, and individual outreach to neighbors. A written summary of the 928 W. Hallam Street P/D: 273512300015 Page 4 30 September 2014 neighborhood outreach will be provided and submitted to Staff for inclusion in the official record. 26.710.040 Medium-Density Residential (R-6). A. Purpose. The purpose of the Medium-Density Residential (R-6) Zone District is to provide areas for long- term residential purposes, short term vacation rentals, and customary accessory uses. Recreational and institutional uses custoinarily found in proxiinity to residential uses are included as conditional uses. Lands in the Medium-Density Residential (R-6) Zone District are generally limited to the original Aspen Townsite, contain relatively dense settlements of predominantly detached and duplex residences and are within walking distance of the center of the City. Lots A and B which will result from the lot split will conform to all applicable dimensional requirements of the R-6 zone district, including gross lot area, net lot area, lot width, setbacks, and site coverage. 928 W. Hallam Street PID: 273512300015 Page 5 30 September 2014 ATTACHMENT 2 -LAND USE APPLICATION PROJECT: Name: 928 W. Hallam Lot Split Location: 928 W. Hallam, Aspen, CO (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 273512300015 APPLICANT: Name: Gateway Aspen, LLC Address: 605 W. Main Street, Suite 2 Phone #: 970-930-1754 REPRESENTATIVE: Natne: Stan Clauson Associates, Inc. AddiÂ·ess: 412 N. Mill Street, Aspen, CO Phone #: 970-925-2323 TYPE OF APPLIC.ATiON: (please check all that apply): GMQS Exemption D Conceptual PUD U Temporary Use GMQS Allotment U Final PUD (& PUD Amendment) U Text/Map Amendment Special Review ~ Subdivision U Conceptual SPA ESA - 8040 Greenline, Stream D Subdivision Exemption (inchides D Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane U Commercial Design Review E Lot Split U Small Lodge Conversion/' Expansion E Residential Design Variance 8 Lot Line Adjustment U Other: El Conditional Use EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) The Property is located within the R-6 (Medium-Density Residential) zone district of the City of Aspen and is located within 100' of Castle Creek. Currently, a duplex residential structure is located on the Property. PROPOSAL: (description ofproposed buildings, uses, modifications, etc.) When subdivided, the resulting two (2) fee simple lots, identified as Lots A and B, will consist of 10,150 SF for Lot A and 6,000 SF for Lot B. Have you attached the following? FEES DIJE: $ 3,515 Â£31 Pie-Application Conference Summary Â® Attachment #1, Signed Fee Agreenient Â® Response to Attachment #3, Dimensional Requirements Form Â® Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards 0 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 conferencestinimary willindicateifyou must submit a 3-D model. El El El El ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: 928 W. Hallam Lot Split Applicant: Gateway Aspen, LLC Location: 928 W Hallam Street, Aspen, CO Zone District: R-6 (Medium Density Residential) Lot Size: 16,150 SF Lot Area: 11,458 SF (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: 0 Proposed: 0 Number of residential units: Existing: 2 Proposed: Number of bedrooins: Existing: .Proposed: Proposed % of demolition (Historic properties only): Lot A: 3,466 SF (SF) DIMENSIONS: Lot A: 3,858 SF (Duplex Floor Area: Existing: Allowable: Proposed,* Lot B: 2,637 SF Principal bldg. height: Existing: Allowable: Proposed: Access. bldg. height: Existing: Allowable: Proposed: On-Site parking: Existing: Required: Proposed: % Site coverage: Existing: Reqltired: Proposed: % Open Space: Existing: Required: Proposed: Front Setback: Existing. Required: Proposed: Lot A: 10;, Lot B: 10' Rear Setback: Existing: Required: Proposed: Lot A. 10'or 5% Lot B:10' or 5 Combined F/R: Existing: Required: Proposed: 20' or 15' Side Setback: Existing: Required: Proposed: Lot A: (w) 20', (e) 15' Side Setback: Existing: Required: Proposed- Lot B: (w) 5', (e) 10' Combined Sides: Existing: Required: Proposed, Lot A: 35', Lot B: 15' Distance Between Existing Required: Proposed: Buildings [Existing non-confbrmities or encroachments: none. none. Variations requested: Attachment 4 Vicinity Map Legend ,;,/ Greenline 8040 ~, 100 Year Flood Zone El Stream Margin i * 6/A, ~'"~ City of Aspen 291 1 , 1 i f It . Addresses 5% 1 U Airport Fir. \ A /0,/ Major Roads 3 m,â€žy 1, ; Roads 95. 11 / *94* 44 ; rÂ»--- ~v' Eagle and Garfield CO , 1 Roads 4 1/ A 1 .. f i ; L - R ~ [3 Edge of Pavement Aspen F 1//pr i P ?: f ~4 Edge of Paven'tent Pitkin 426.. j 1 4 4 j >Â¢ 7 i ; j i, V ,/ Drives f U . I n 29 e 1Â· f r./ Rivers & Streams f 'f f ft - 1 Subdivisions 1: f<Â»Q * 1 1 9:7.Â·Â·.,i:f ~ Condos j <1 1 i' 1. A<*=pim nuat'<r 7 2: ; i -j Structures 11 : ' 09.6 P 1 2 ; f ' 9-' i 4 d Â¢*20 Parcels f liZI Lakes & Ponds 422 [777] Overlays Ezj City of Aspen Zoning tf-- â€¢~ 1Â·1*,LUM ST {t f < All C 1 f Cl ' *Â¢ CL 004 L 55':.7 M U Subject Property 729 NC not zoned i OS 0% P 1 4. v> 23 pUB R.'Al f R.,MFA RÂ·15 i RlaA R.150 R-30 RB RR ' - sct ~ ~ ~ SKI Wp 928 W. Hallm Street PID: 273512300015 30 September 2014 Pitkin County Assessor Parcel Detail Information Assessor Property Search I Assessor Subset Query I Assessor Sales Search Clerk & Recorder Reception Search I Treasurer Tax Search Search GlS Map I GIS Help Basic Building Characteristics I Value Summary Parcel Detail I Value Detail I Sales Detail I Residential/Commercial Improvement Detail Owner Detail I Land Detail I Photographs Tax Account Parcel Property 2013 Mill Area Number Number Type Levy MULTI 001 R005321 273512300015 32.843 uNIT Primary Owner Name and Address CRYSTAL PALACE CORPORATION PO BOX 32 ASPEN, CO 81612 Additional Owner Detail Legal Description Subdivision: CITY AND TOWNSITE OF ASPEN Block: 4 Lot: .K Unit: PT AND:- Lot: L AND:- Lot: M Section: 12 Township: 10 Range: 85 TRACT OF LAND IN SW4 (ALSO SOMETIMES KNOWN AS LOT 9) SEC 12-10-85 DESC BY MB BK 385 PG 357 & TRACT FORMERLY KNOWN AS PARCEL C OF HERNDON SUB FIRST AMENDMENT Location Physical Address: 928 W HALLAM ST ASPEN Subdivision: ~ | ~FITY AND TOWNSITE OF ASPEN Land Acres: 0.000 Land Sq Ft: 15,500 Section Township Range 12 10 85 2014 Property Value Summary Actual Value | Assessed Value Land: 1,600,000 127,360 Improvements: 71,800 5,720 Total: 1,671,800 133,080 Sale Date: Sale Price: Additional Sales Detail Basic Building Characteristics Number of Residential 1 Buildings: Number of Comm/Ind 0 Buildings: Residential Building Occurrence 0 Characteristics FIRST FLOOR: 864 ENCLOSED PORCH: 104 2ND FLOOR: 384 FINISHED BSMT: 378 WOOD DECK: 4,546 Total Heated Area: 1,626 DUP/TRIPLEXES - Property Class: IMPROVEME Actual Year Built: 1956 Effective Year Built: 1956 Bedrooms: 4 Baths: 2 Quality of Construction: ||AVER T 11 | Exterior Wall: WD SID AVE Interior Wall: DRYWALL Floor: BASE Heat Type: WL/FLR FRN Heating Fuel: GAS Roof Cover: ASP SHINGL Roof Structure: GABLE/HIP Neighborhood: NORTH "WEST END" ASPEN Super Nbhd: CITY OF ASPEN Top of Page Assessor Database Search Options Pitkin County Home Page The Pitkin County Assessor's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Pitkin County Assessor's Offices are unable to warrant any of the information herein contained. Copyright Â© 2003 - 2014 Good Turns Software. All Rights Reserved. Database & Web Design by Good Turns Software. Attachment 5 1-RGEND AND NOTES o 8 - fp"E Â·IJOK,-E pa~@@e~Ga' 0 ':-' FOLE I L.T 41' U, i.â€¢ve .câ€¢ us.D ' IC I....'Â·Il .UNM.. .f STE~â€¢Rl ~:M - AVI01 G. FDC! Co~-oun WHI KUP-wr. -Â· ~Cr **IÂ¢** ~:.*:â€¢i'ic,I ~I-* ~,7 L Al FA<* 4 j ........ a. 4 00 1 ij 0 -Ii* *iâ„¢ 0~49 D-DSâ‚¬,C=GuS. ~Â·CS'0 0# 1 4 -- j PARCEL 2 i this 9.0,-r 1, GiTUAri~ 4 Â»E y iâ€¢â€¢EAS CE'-ur~ r* BE wis )6 eo 4, 31/FE ,/)0 /4 N' â€¢1 5.. . Fl' ~i-â€¢/. ./ . ./.ij Â«Y 't-I ./ iâ‚¬'illt &~Â·fÂ¥r' <~ ; ~ ~ 3,($; â€¢*0â‚¬:TUIEM- 2.- .-SIDâ‚¬ OF -iâ‚¬ C. 0 4,5. upp,Â©â€¢ ..Â»0 n..S#. 'i '.5 ca, I ... 1-/1 0.-1 Flm. P... lar; 1.3 1 Te.'Wi:=2>~1:itit-Fe '6'1F.&0 8~ .Pe'Â¢1~Cl / PARCEL I / ' ......& .5 1/. ' ELL ' 0 9 / 0.-Ler-- I 1 .'â€¢ or,~6* --S,524- 5,96 / 1 A, j~itiÂ· - -2*f'~~*J:--â‚¬372- ,\~f~~'~~0 RuclteÂ·i.r,+ 4.,Â· - Air*- ."C.~I~~Le.J#0 - -- f--9/-6Z-#:#'M., WA G" no>n:MENi j 1 0 1 _ ~ ~ .alli~UÂ·1'-E-'â‚¬'-jaL t-REP Jlk,,.. _, ./ i,0 . 40, '*0* ,' iâ‚¬mÂ«Â·a~,~Â·ii 1-fr 1-- A# p:*2~35"0' .~,4Â·5041?ke-3, 6:4.'uÂ·7Â· ~I, Â· tr i ~*e.* p .0-4---1 r.14-7.-f li 24,7 : =Â£ .g....4 -.-f i ..t,he.)11.jl,11;11.!~!i,1~i.75L9r-Â·' ft.,*21 ':* :* 1 I 7# 1 8 4:2Uil! CAMN / /2.'10/ M .=IL ./... i").le, r Y i LIA I.7.. m 1 .th. 1 5-v *, ....0-1 N 1 ME#*1- Le s i LOT B 1 Tâ€¢â€¢* ~DEASJGIED ;WEB ' 4 WPP Y -. 0.E....gÂ£04 :/ r /1,4 10.* 111 1;râ„¢- VIC..TY MAI COLORADO ' t./. IMPROVEMINT TOPOGRAPH1C SURVEÂ¥ Â« #W /942>.ip/' - 5*-49 ..,Â·V 9 , o. . Â»a . ./.CATED Â·i I. .ia ...... 4 L. I}. 5*Ct,0/ i' kE Sts 7,4 rE 4, --=mmr<lt / --4-46Â£ A- *44 Â£ Â£ 44 GArk.4 1, 874 --a--\~~,0.3. CI- ..M 9 *33, 7-Â·t #1 i ;MUS M.Ny? O, * 6.,1, ,Â·... cea. Ca-*RA~0, - 4 ~ ~HÂ¢ hyÂ»tâ€ž//t 0 .e. S 7,4 *sr ~ a- - = .~:imt.}FE,% rP.EF..4.:4L'.....lIuE:EiI'l~,3 M NO *AID Â¥0. UM:1 LEN~. S ~b' 70 A I ,~râ€ž Li. . 1.~. ' 01 #bil.Fililf,l j ~, ,"~ "'*, ~g ~ ~~ 10 M~ E . '.,da:'% M m. 42'. ~HEEY, lh*kn 40*. ;$ 1~allkES $0 'PST A ~'~ .. 0/0 'v., $ i 10 $ *. -â‚¬Um ' 064.- IS e ~HCS No*TH V 0~â€¢1~.2~ '**41- 1 1 16:17 2, mWiou'â€¢ . GE-, 1/ U. ly, ... WIn OF .. . i. L- wi, ~rer ARk I nt'fr: ;o?8'6~ U-.&?3fcr.t# . I . C, Â·0~01/0 '.-, I ./,â€¢ ,2 04,1.**Â» W. C AU,DU. . Â·bA *. m#. TO - MEAMQ, WRD@Â¥-.CaRDâ‚¬D -,K. 2 FE~2*7 24, mÂ· 41 e06. i ,- PAM â€¢ 03 *lopi .i' . AS001 iML, 40'Cjtl C 1 '7 [%*>21*1 *Mi.. 16 .15: . 01 Â·,Â·Â·. ' 170 .RES â€¢'Â· i ~,1 3~PAÂ». APEN SLRVFY FN:INEERS. 14' 2 0 5.-/ 34eâ€¢, MAE. ~<~*10312*:33~ f.10:im' '.c; ..;514 M-t 04 1-. 8 CR Â£Â£7------ Attachment 6 4Â£2MMUNAY DEVELOPMENT DEPARTMENT Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attorney representing the properly owner. Name: Gateway Aspen, LLC Property Owner 01 Email: Phone No. Address of Properly (subject of application) I certify as follows: (pick one) X This property is not subject to a homeowners association or other form of private covenant. ~ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. E This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. Evidence of approval is attached. l understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I understand that this document is a public document. Â» 1/ I '2 .<PÂ·' ill.0544 J Owner signature: ' date: 9/1/14 Owner printed name: Michael H Brown or, Attorney signature: date: Attorney printed name: Attachment 7 ' GATEWAY ASPEN LOT SPLIT , 1 *~jycpot 1 - /b / '9.1 4< /* i,i h Â·i#KL ', 1 A TRACT OF LAND LOCATED IN THE SW1/4 (ALSO KNOWN AS LOT 9), 1\ 2/~ 1/.41 1 47* ' i ' SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH P.M., CITY OF ASPEN, PITKIN COUNTY, COLORADO 1 re=24 -4-9* 50' / / 60 4. 1....... ..:F ..23..#A-ffij~Â£ , Â· 1 #f j-j ~GÂ· ,~~f~~34,-,0-~ 5758.00-â‚¬ -1.5'Â» 44 \ / f bitr: 4~ah A ' ; i /216.ms' 9 bÂ«-4Â»24. 100* - 0,-Â· / X-.-Â· , :0 , U. SURVErPY?Ort,SZD .CunTY MAP SCALÂ£: '-Ill . Cls:..# 6/9 I 1 :41 8723-410 48.7.1 - . 21 -0 IND I C Â£: 79.14 - B 17 -- I 89Â·33'0* g . FIEU . -...'. - .....Â£,7 1,0 9 0- ' I Lot A --- 10,150 ... ..T'Câ€¢y , g 1 , f 1 -I' L â‚¬,m'/Al'IF DED..... 611/OW~ERSINg 1 1 -- / k KM--,lu~=u0râ„¢SS*~RE=,Â·75='...____02,%0â„¢0*lz-!ul r 1 i i / <*s,u,â‚¬.In â„¢Da â€¢al!â„¢ i D,a*Â£= SyÂ·:c,Isr,uoy.j $â€¢m *ru;~ -=/ M-n~ na 1 *=u--H.in'..Im'.'lacz'.â„¢,al.0--w......WI/*Â©Il,u,/00,1//Al AS,Fle,770% COM*4.inY DEMLIPMEM 60.-Â£*mg t ~ 1 -S,7(V WAT W, #-T~ MI,tA - f,EM.Â¥Y>5%8*Nme=le,1 CO~~J16'70211~L,Ni~.7Dmg~fâ€¢:W....W.-0.. ,90, 2,1 %0, N ArAO . =-COL....0 aNG;lUS.Ii.W.=Il-Â·/ grr}' ENGINEER RE.?ZEW . 11 .'-Ill'.'ll â‚¬~Â¥ OF...Ina____._A4.._______... i %29. ........*....all{]â„¢*N'll ......I-.Im'Mlm/10Â£*~'.lay)'ll'72 or,Dag=* < *. D.8 CERTIP'CA. g,4.ap,~Â£*= , -- -- _ -- -.ty' tzj'U'â€¢t.Pt' - jer,i I 'c=./.Do .2-# I,ly*.CÂ©0'Et<0Â£a~01)0-12=MC-1=7râ„¢ty'l S >kÂ¥,1~ 1 1Â· ..,a4~*0~u,rw,M.AÂ¥,c-mlot./1,~us-Â¥Q:Â»uÂ»<*D-0,1-na-'â€¢. ./12Â· 5.09 - ,i,~Cq~ ./.*..U..,12-'ll..*Lt~ .0 *MAÂ¥S~'C}'U~02& ............. l ..... , 0 3/ -- 7 , , .- -- Â·-I .09Â·11-Â¥1 7 44' CALC COU)RA & ASPaN CifY COUNCiL APPROVAL 1Â¥%97a4Lt./Ufs .01 - 7.9 CALC. (N /53'16~E BOO) RECaB~gltE/:M[/ CUEKIERâ„¢PATI Myu*Wr =>ad.--*WUM=a, W__Jâ€¢Al Â»4Â«82 .Â»-4Â».Sa. S4. m.Â»T, rXu,MayÂ»,r,; -/Â£Cm,th.f*M 47&Â«* 7*287 =22./.1.- 70,â„¢~A.....,Ka,/0 .......Ily ~~SK.V...... 2422:Effa/JJ/BEEF= -,4, fiÂ·.il.* A.r .,7-6â€ž *r,Fer 0.--.6-1...3:---.'A#-24,1-0.1 ....Ts,st./47 IC,~yox. ltÂ£...~00~ tâ€¢ I â„¢,3 â€ž.â€ž1~,mâ€¢ .m....m,/ 7,-Â¥2Â£> fO-OU.Â¥== U-- 0Â©0 Mâ€¢,cowfrrâ‚¬C~Â£,-Qc-aNTÂ£-nÂ»â€¢c M A ~ # PaÂ¤M .m.-' :.. 0 1 :GATEWAYASPENLOT SPLIT 1%, - =co!7/ -/CXA-* . $ \,0 A TRACI OF LAND LOCATED 1,11'HE SW1/4 (Al-SOKNCWN Asl.ar m, 1 7- *.t-â„¢en,1,â„¢,ar,0,#.*u,-L.-=00*0.,U.t~Cr~nalk, .eaqx/* -Â¢1Â·44*A.*Z>g~11~C~ SECION,2.TOWNSHIP 10} SOUTH,RANGE 85'OPESIO/ rHEIVH PM, ( r / ~ j ,/ Cr/OPASPEN,PrrKINCOUNTY,COLORADO gzgn- Ab'RESS 928 MALI-Ul ST'kkt 0.1.0 7 stewart title Stewart Title - Aspen 620 East Hopkins Ave View your transaction progress 24/7 via Stewart Online Aspen, CO 81611 Ask us about your login today! Date: September 16, 2014 File Number: 01330-43845-Amendment No. C6 Property: 928 West Hallam Street, Aspen, CO 81611 Please direct all Closing inquiries to: Priscilla Prohl-Cooper Phone: (970) 925-3577 Fax: (866) 277-9353 Email Address: pprohl@stewart.com SELLER: BUYER: Crystal Palace Corporation Gateway Aspen LLC, a Colorado limited liability company Delivery Method: Emailed Delivery Method: Emailed Listing Agent: Selling Agent: Aspen Snowmass Sotheby's International Realty Aspen Snowmass Sotheby's International Realty 415 East Hyman Avenue 415 East Hyman Avenue Aspen, CO 81611 Aspen, CO 81611 Contact: Carol Dopkin Â· Contact: Lex Tarumianz Phone: (970) 925-6060 Phone: (970) 925-6060 Fax: Fax: Email: carol.dopkin@sothebysrealty.com Email: lex@pyramidadvisors.net Delivery Method: Emailed Delivery Method: Emailed Lender: Bank of Colorado 655 E Valley Rd Basalt, CO 81621 Attn: Bryan Chochon Phone: (970) 704-1144 Email Address: bryan.chochon@bankofcolorado.com Additional Contact: Phone: Fax: E.mail Address: Additional Contact: Phone: E-mail Address: Delivery Method: Emailed We Appreciate Your Business and Look Forward to Serving You in the Future. stewart title Stewart Title - Aspen 620 East Hopkins Ave Aspen, CO 81611 (970) 925-3577 Escrow Number: 01330-43845 WIRING INSTRUCTIONS US Bank 535 Westminster Mall Westminster, CA 92683 Beneficiary: STEWART TITLE ACCOUNT #: 153910695078 Routing/Transit #: 123000848 PLEASE REFERENCE: Escrow Number: 01330-43845 Escrow Officer: Priscilla Prohl-Cooper Property Address: 928 West Hallam Street Aspen, CO 81611 Buyer/Borrower: Gateway Aspen LLC, a Colorado limited liability company "Please be aware Stewart Title cannot accept ACH'S to our Escrow Account" File No.: 01330-43845 Page 1 of 1 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 ('Companyl, 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: stewart: Â«at â‚¬ 4ULÂ»v title guaranty conipany e..2-6 + //,5*7/7 7 - Matt Morris Authorized Countersignature President and CEO y~Â· f'Dia.; 1. Stewart Title - Aspen .;Â¥.' #+S : A 620 East Hopkins Ave . 0..~ 1908Â· u Aspen, CO 81611 It ... 4Â·,. '4*6. - 4/02:a/e,/ (970) 925-3577 U.' Denise Ca'Aaux Secretary Copyright 2006-2009 American Land Title Association. All rights reserved. ,â€¢.Mt Rt{. AN The use of this Form is festricted to ALTA Itersees and ALTA members in good standing as of the date of use. 1//1,1,/11 Allother uses are proh;bited. Reptnted under Ecense from the American Land Title Association. File No. 01330-43845 ./ 14Â« 004*UN ALTA Commitment (6/17/06) r.1-1, = 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 froni 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< htto://www.alta.ora/>. 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 15 restrided to ALTAkensees and ALTA members in good stan~fing as of the date of use. AAÂ·! RH $ N All other uses are proh bited. Reprinted undef kense from the American Land litle Assodation. 1,â€¢<D 11111 â€¢,9:.fttl,%4 File No. 01330-43845 004-UN ALTA Commitment (6/17/06) COMMITMENT FOR TITLE INSURANCE SCHEDULEA File No.: 01330-43845-Amendment No. (6 1. Effective Date: August 21, 2014 at 8:00 A.M. 2. Policy or Policies to be issued: Amount of Insurance (a) A,L.LA. Owner's Policy 2006 (Extended) $1,350,000.00 Proposed Insured: Gateway Aspen LLC, a Colorado limited liability company (b) A.L.T.A. Loan Policy 2006 (Extended) $922,311.25 Proposed Insured: Bank of Colorado, its successors and/or assigns 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple as to Parcel 1 and 2 and an Easement Interest as to Parcel 3 4. Title to the said estate or interest in said land is at the effective date hereof vested in: Crystal Palace Corporation 5. The land referred to in this Commitment is described as follows: Parcel 1: A tract of land located in the SWIM (also known as Lot 9), Section 12, Township 10 South, Range 85 West of the Gth RM., Pitkin County Colorado, more fully described as follows: Beginning at the point of the intersection of the Northerly right of way line of Colorado State Highway No. 82 and the West limit line of the City of Aspen as located by the 1959 official survey of said city; thence North 7 Degrees 53'16" East along said West limit line, 8 feet to a point on the North line of Hallam Street; thence Norlh 75 Degrees 10' West along the North line of Hallam Street, 10,58 feet; thence North 10 Degrees 15' East 95.8 feet; thence North 87 Degrees 23' West 167.44 feet more or less to the Easterly line of an existing service road ; thence South 1 Degree West along the Easterly line of said road 70.03 feet more or less to a point on the Northerly right of way line of Colorado State Highway 82; thence South 75 Degrees 10' East along said right of way line 166.09 feet, more or less, to the point of beginning. Parcel 2: Parcel "C", according to the First Amendment to the Herndon Subdivision recorded February 24,1981 in Book 11 at Page 14 Parcel 3: Easement according to Driveway Easement Agreement recorded May 29, 2014 as Reception No. 610646. County of Pitkin, State of Colorado Copyright 2006-2009 American Land Title Association. All rights reserved. ....0 The use of this Form is restricted to ALTA kerÂ·15ees and ALTA members n good stand ng as of the date of use. .../ 0, U4 " AN other uses are prohibited, Reprinted under I tense from the American Land Title Association. File No. 01330-43845 Page 1 of 3 STEWART TITLE . 15- CO STG ALTA Commitment Sch A STO GUARANTY COMPANY 34 Purported Address: STATEMENT OF CHARGES 928 West Hallam Street These charges are due and payable Aspen, CO 81611 before a policy can be issued See Attached Statement of Charges 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 stand ng as of the date of use. ".411' All other uses are prohibited. Reprinted under license from the Amencan Land Titte Association. tâ€žâ€ž /â€ž% File No. 01330-43845 Page 2 of 3 STEWART TITLE ,< CO STG ALTA Commitment Sch A STO GUARANTY COMPANY SCHEDULEA STATEMENT OF CHARGES Basic Rate 2006 Owner's Policy $2920.00 Owner's Extended Coverage: $65.00 Tax Certificate: $20.00 Additional Chain $150.00 Alta 17.1-06 $292.00 Alta 9.2-06 $292.00 Alta 18-1-06 $85.00 Alta 19-06 $85.00 Alta 25-06 $292.00 $292.00 Alta 35.3-06 2006 Lender Policy $150.00 Alta 8.1 $50,00 100.29 $223.00 Copyright 2006-2009 American Land Title Association. All rights reserved. ":=-- The use of this Form is restricted to ALTA Ircensees and ALTA members In good stand:rig 85 of the date of use. ,#Â·1411:401 . 1.%1, *111# All other uses are prohibited. Reprinted under kense from the American Land TIÂ·Je Association, File No. 01330-43845 Page 3 of 3 STEWART TITLE CO STG ALTA Commitment Sell A STO GUARANTY COMPANY .2-U COMMITMENT FOR TITLE INSURANCE SCHEDULE B PARTI File No.: 01330-43845-Amendment No. C6 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, Evidence satisfactory to Stewart Title Guaranty Company of payment of all outstanding taxes and assessments as certified by the County Treasurer. 4. * Execution of Affidavit as to Debts and Liens and leases and its return to Stewart Title Guaranty Company. NOTE: If work has been performed on, or in connection with, the subject property (architectural drawings, soils testing, foundation work, installation of materials), please notify the Company's escrow officer within 10 days of receipt of this title commitment. 5. Payment of any and all Homeowners assessments and expenses which may be assessed to the property. 6. Evidence satisfactory to Stewart Title of Colorado, Inc. furnished by the Office of the Director of Finance, City of Aspen, that the following taxes have been paid, or that conveyance is exempt from said taxes: (1) The "Wheeler Real Estate Transfer Tax" pursuant to Ordinance No. 20 (Series of 1979) and (2) The"Housing Real Estate Transfer Tax" pursuant to Ordinance No. 13 (Series of 1990). 7. [Intentionally deleted.] 8. Relating to Crystal Palace Corporation The Company requires for its review the following: a) A copy of the articles of incorporation and bylaws b) A satisfactory resolution of the Board of Directors authorizing the proposed transaction (Shareholders Resolution where applicable) c) A Good Standing Certificate evidencing that the corporation is in good standing in the state of its incorporation d) Execution and recordation of Statement of Authority pursuant to the provisions of Section 38-30-172 C.R.S. Note: At the time the Company is furnished these items, the Company may make additional requirement or exceptions. 9. *Relating to Gateway Aspen LLC, The Company requires for its review the following: a) Copy of the "Articles of Organization", the Operating Agreement and the regulations of the limited liability company and any amendments thereof b) A certificate of good standing, evidencing that the company is in good standing in the state of its formation c) Execution and recordation of Statement of Authority pursuant to the provisions of Section 38-30-172 C.R.S. Note: At the time the Company is furnished these items, the Company may make additional requirements or exceptions. 10. Deed from vested owner(s) vesting fee simple title in the purchaser(s). NOTE: Notation of the legal address of the grantee must appear on the deed as per 1976 amendment to statute on recording of deeds CRS 38-35-109 (2) Copyright 200B-2009 American Land Title Association, All rights reserved. - The use of this Form is restricted to ALTA I,censees and ALTA members in good stand ng as of the date ofuse. Ok ~ Ut. U. All other uses are proh,bited. Reprinted under Icense from the American Land ntle Association. ; %.9 lili File No. 01330-43845 Page 1 of 2 STEWART TITLE CO STG ALTA Commitment Sch B I GUARANTY COMPANY .-lfe .P: COMMITMENT FOR TITLE INSURANCE SCHEDULE B PARTI 11. Deed of Trust from the Borrower to the Public Trustee for the use of the proposed lender to secure the loan. NOTE: The vesting deed is shown as follows: Warranty Deed recorded February 24, 1981 in Book 404 at Page 763 and deed recorded March 25, 1980 in Book 385 at Paae 357. Approval to issue this policy must be obtained from authorized Underwriting Personnel of Stewart Title Guaranty Company. This commitment and any policies to be issued are subject to any additional limitations, requirements or exceptions made by Stewart Title Guaranty Company. Copyright 2006Â·2009 American Land TIUe Association. All rights reserved. ..=.- The use of this Form is restncted to ALTA licensees and ALTA members in good stand ng as of the date of use. ./ "/ '4 All other uses are prohibited. Reprinted under license from lhe American Land Tille Associattor File No. 01330-43845 Page 2 of 2 STEWART TITLE CO STG ALTA Commitment Sch B I GUARANTY COMPANY .-ik. COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART 11 File No.: 01330-43845-Amendment No. (6 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. I Taxes and assessments for the year 2014 and subsequent years, not yet due and payable. 9. The effect of inclusions in anygeneral or specific water conservancy, fire protection, soil conservation orother district or inclusion in any water service or street improvement area. 10. Reservations and Exceptions as set forth in the Deed from the City ofAspen recorded January 21,1888 in Book 59 at Page 306 providing as follows: "That no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper or to any valid mining claim or possession held under existing laws. 11. Right of Proprietor recorded December 3, 1892 in Book 55 at Page 35. 12. [Intentionally deleted.] 13. [Intentionally deleted.] 14. Herndon Subdivision Plat recorded August 15, 1980 in Book 10 at Paae 31 and First Amendment recorded February 24,1984 in Book 11 at Page 14. 15. Record Overlap with subject property as shown on the Subdivision Exemption Plat for Aspen Historic Cottages recorded January 27, 1999 in Book 48 at Paae 43. 16. Driveway Easement recorded May 29: 2014 as Reception No. 610646. 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 stand ng as of the date of use. U, 1 1,% ./ All other uses are prohibited. Reprinted under license from the American Land Title Association. , 'llt, 11 File No. 01330-43845 Page 1 of 2 STEWART TITLE Â·Â·lf,Â«: CO STG ALTA Commitment Sch B 11 STO GUARANTY COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE B PARTII 17. â€¢Any and All Leases and Tenancies. NOTE: Will be deleted if Seller provides an affidavit that there are no leases and tenancies affecting property. 18. Any rights, easements, interests or claims that may exist by reason of or reflected by the following facts shown on the survey dated July 2014 by Aspen Survey Engineers, Inc: Any possessory interest claimed due to the fence line location along Eastern boundary and any claim on land shown as 'status of ownership unknown' on survey. 10' Electric and Communication Easement along Northern boundary. NOTE: Exceptions 1 and 4 may be deleted from the policies, provided the seller and buyer execute the Company's affidavits, as required herein, and the Company approves such deletions. If work has been performed on, or in connection with, the subject property (architectural drawings, soils testing, foundation work, installation of materials), and the Company has not reviewed and approved lien waivers and indemnitor financials, Standard Exception 4 (mechanic lien exception) will not be deleted and no mechanic lien coverage will be furnished. Exceptions 2 and 3 may be deleted from the policies, provided the Company receives and approves the survey or survey affidavit if required herein. Exception 5 will not appear on the policies, provided the Company, or its authorized agent, conducts the closing of the proposed transaction and is responsible for the recordation of the documents. * Exception 6 is hereby deleted. Copyright 2006Â·2009 American Land Title Association. All rights reserved. ..... T he use of this Form is restricted to ALTA ].censees and At.TA membefs in good stand ng as of the date of use. ,#.1.N.,U All other uses are proh btied. Reprnted under license from the American Land 11Ue Association , %:1' 1"I File No. 01330-43845 , 3 ./ .,;.4 CO STG ALTA Commitment Sch B 11 STO Page 2 of 2 STEWART TITLE GUARANTY COMPANY ./Fi DISCLOSURES File No.: 01330-43845 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 COUNTYASSESSOR 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 - Aspen 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 properly; 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.: 01330-43845 CO Commitment Disclosure STG Privacy Notice 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 title 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 drivefs 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 Ilmitthls sharing? For our everyday business purposes-to process your transactions and mainlain your account. This may include running the Yes No business and managing 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 Yes No you. 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 Yes No non-financial companies. Our affiliates may include companies with a Stewart name, financial companies, such as Stewart Title Company For our affiliates' everyday business purposes- Information No We don't share about your creditworthlness. For our affiliates to market to you - For your convenience, Yes Yes, send your first and last name, the email Stewart has developed a means for you to opt out from its affiliates address used in your transaction, your marketing even though such mechanism is not legally required. Stewart file number and the Stewart office location that is handling your transaction by email to optout@stewartcom or fax to 1-800335-9591. For non-affiliates to market to you. Non-affiliates are companies No We don't share not related by 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 notify me We must notify you about our sharing practices when you request a about their practices? transaction. How do the Stewart Title Companies protect my To protect your personal information from unauthorized access and use, we personal information? use security measures that comply with federal law. These measures include computer, file, and building safeguards. How do the Stewart Title Companies collect my We collect your personal information, for example, when you personal information? â€¢ request insurance-related services â€¢ 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.: 01330-43845 Page 1 Revised 11-19-2013 Attachment 9 Mr. Michael H. Brown Gateway Aspen, LLC 605 W. Main Street, Suite 2 Aspen, CO 81611 Tel: 970-930-1754 24 September 2014 Ms. Sara Adams, AICP Senior Planner, City of Aspen 130 S. Galena Street Aspen, CO 81611 Re: Authorization to Submit Land Use Application Dear Sara: This letter is to certify that Gateway Aspen, LLC, owner of the property located at 928 W. Hallam Street, Aspen, give Stan Clauson Associates, Inc., and its staff, permission to represent Gateway Aspen, LLC in discussions with the City of Aspen regarding the development of the property. Gateway Aspen, LLC has retained this firm to represent us in the application for this project. If you should have any questions regarding this matter please do not hesitate to contact me. Contaci information for Stan Clauson Associates is as follows: Stan Clauson, AICP, ASLA Stan Clauson Associates, Inc. 412 N. Mill Street Aspen, CO 81611 Tel 970-925-2323 Fax 970-920-1628 Very Truly Yours, -14,97 pi r,1-. Michael H. Brown Managing Member Gateway Aspen, LLC Attachment 10 RECEPTION#: 610646, 05/29/2014 at 02:04:39 PM, 1 OF 6, R $36.00 Janice K. Vos Caudill, Pitkin County, CO Â¤.*.MOCT-25-2013 12:24 BIGHORN REALTY 970 349 6214 P.01 131 DRIVEWAY EASEMENT AGREEMENT THIS DRIVEWAY EASEMENT AGREEMENT ("ARmemenf') ismadc and entered into this ls-4ay of October 2013, by and between THE CRYSTAL PALACHCORPORATION, a Colorado corporation ("Crystal PaiaÂ©Â¢3, and GEORGE W. MADSEN, JR. and CORMELIA GALI.At*:11 MADSEN a/lda CORNFI.TA G. MAI)sEN (collectively "Madsen"), WITNESSETH: WHEREAS, Crystal Palace is the owner of the real properly described as A tract of land located in the SWIM (ulso sometimes known as Lot 91 Section 12, Township 10 South, Range 85 West of the 68 PM., more particularly described in the Warranty Deed recorded in Book 267 at Page 894, ReceptionNumber 154704 of thÂ©PitkinCountyrealproperty records (tho"Crystal Palace hilzera"); and WHEREAS, Madsen is the ownor oftlic real property described as Parcel 1 of the Second Amondment to tho Herndon Subdivision, according to the Plat thereofrecorded August IO, 1984 in Plat Book 16 at Page 49 of the Pitkin County real property records (the "Madsen Property"); and WHEREAS, the Crystal Palace Corporation Property and the Madsen Property are contiguous; and WHEREAS, the Madsen Property is contiguous to apublic alley that is located inthe City ofAspen between West Hallam Street and West Franci5 Street, nlnning west from Eighth Streetto the Madsen Property (the Wiacent Aller); and, WHEREAS, Crystal Palace desires to acquire an easement from Madsen, through the Madsen Property, connecting the Crystal Palace Property with thÂ© Adjacent Allcy for ingress and ~~ egress to and from the Crystal PalacÂ© Property to the Adjacent Alley, all as illustrated on Exhibit A attached hereto and by this re ference incorporated herein, and Madsen is willing to grant such an ~~ easement, on the terms and conditions hereinafter set forth; NOW, THEREFORE, for good and valuable consideration, therecelptand sufficiency of which is hereby acknowledged, and in further conxideration ofthe terms, conditions, covenants and mutual promises contained herein, the parties hereto agree as follows: 1. Grant of Easement. Madsen hereby granls, transfers mid conveys unto Crystal PalAce and Crystal Palace's successors and assigns forever in the ownership of thu Crystal Palace Propeity, a perpetual, non-exclusive easement and right-of-way over, across, under and along that certain Easement Areaset forth and described on Exhibit A attached hereto and incorporated herein by this reference (hereinafter the "Easement"). Said Eascment may be used for oll forms of sucface travel for pUIpOSCS of unobstructed access, ingress and egress to and from the Adjacent Alley to the Crystal Palace Property, and all parts thereof, foralllawful uses ofsaid Crystal Palace Property, and for the instollation, maintenance and use of underground utilities serving said Crystal Palace MACINWit! Im:WOKS.DIANI;:UmURYMAn. bOWHLOADE:OR,VaWAYBASE!Â¥241-1150C RECEPTION#: 610646, 05/29/2014 at 02:04:39 PM, 2 OF 6, Janice K. Vos Caudill, Pitkin County, CO OCT-25-2013 12:24 BIGHORN REALTY 970 349 6214 P.02 Property, and shall be deemed an easement appurtenant to the Crystal Palace Property. Madsen represents that Madsen is the record owner oflhe MadsenProperty and has full powerand authority to execute this Easement Agreement. Otherwjse, theEasement is granted without wananties oftille. Madsen expressly reserves the right to utilize the land within the Easement for all lawful purposes which do not interfere with the exercise and enjoyment by Crystal Palace ofthe easement rights granted to Crystal Palace hereunder. In addition, Madsen expressly reserves the right to tap into any public utilities installed in the Easement by Crystal Palace for the sole purpose of supplying any such utilities to the Madsen Property. In the event Mudson taps into any such public utilities installed in the Easement by Crystal Palace, Madsen shall: a) pay any and all tap fees associated therewith to tho appropriate public utility; b) pay to restore and revcgetate all disturbed areas ofthe Easement as closely as possible to the condition that existed prior to tapping into such public utilities; and, c) pay for Madsen'sprorata share ofall maintenance and repair costs associated with the location of the public utilities in the Easement. Madsen's prorata:thare shall be determined based upon the relationship of the public utilities located within the Easement that alt used by Madsen to the total amount of 1hc public utilities located within the Easement that are used by Madsen and Crystal Palace, combined. 2. Driveway Immrovements. Ciystal Palace shall have the right to construct aroadway within the Easement granted herein and imfove and maintain the same to whatever level may be lawfully allowed to servo the uses made from time to time of the Crystal Palace Property. Crystal Palace may perform such road constructionand improvements from timcto time at its sole cost and expense. Crystal Palace shall obtain driveway, access, and any otherpermits necessag to construct such road, and shall restore and rovegetate all disturbed areas as closely as possible to the condition that existed prior to commencement of the construction of the improvements thereto. Similarly, undergroundutilities maybe installed within the easement by Crystal Palace, at Crystal Palace's sole cost and expense (including the expense of surface restoration). Specifically, Crystal Palace agrees that it will: a) remove the existing fence between the Adjacent Alley and the Madsen Property; b) removo the landscaping located within the Easemont and, to the extent feasible and its requested by Madsen, relocatc one ortwo ofthe Mac bushes within the Easement to another location on the Madsen Propaty; c) construct a driveway with in the Easement to the Crystal Palace Property; d) replacethe removed fence with a fence ofslmilar design and constuction along the outside perimeter ofthe Easementbetweenthe Easementand the Madsen Property; and, e) replace landscaping, as reasonably requested by Madsen, immediately outside thc newly congtruoted fence on the Madsen Propeny, to maintain un attractive appearance ofthe fence and landscaping on the portion of the Madsen Property immediately adjacent to the Easement. 3. Temporary Conatruction Eagement. In addition to the easement granted herein, Crystal Palace may disturb up to ten feet outside the Easoment boundary into the Madsen Property for purposes of the initial construction ofthe referenced roadway and related improvements within the Easement, provided Crystal Palace shallrestore and revegetateall such extended disturbed areas as closely as possible to the condition that existed priorto commencement ofthe construction of the roadway, as provided in Section 2, above. MA (1*705' MD 114'At.DIANP.tn,R AKV1,A ILMAADS:hilvy,WNr 41&F~~fLSI,-1)DOC RECEPTION#: 610646, 05/29/2014 at 02:04:39 PM, 3 OF' 6, Janice K. Vos Caudill, Pitkin County, CO OCT-25-2013 12:24 BIGHORN REALTY 970 349 6214 P.03 4. Drivewav Maintenance and SnOWDIOWing. Crystal PalaoÂ© shall bear 100 percentof all thecostsassociated with all maintenancennd snowplowing oftheroadway constructed within the Easement granted herein. In the event Madsen uses such driveway and/or otherwise uses the land within the Easement and, as a result, causes damage or excessive wear to the driveway within the Easement granted herein, Madsen shall bc obligated to promptly repair and restore the driveway to the condition that existed immediately prior to such damage at Madsen's sole cost and expense. 5. Indemnification. Crystalfalace (onbebalfofitselfandits successors andassigns in the ownership of the Crystal Palaoe Property) hereby agrees to indemnify, defend (including reasonable attorneys' fees and costs) and hold hamlloss Madsen, Madsen's, heirs, successors and assigns forever in the ownership of the Madsen Property, from and against any and all claims, demands, causes of action, liabilities, damages, losses, costs or expenses of any kind or nature (including withoutlimitationthose involvingdcath, personalinjuryorproperly damage) arisingout ofor incurred in anyway in connection with the use or crljoyment of; or any work performed upon, the Easement granted herein or the roadway constructed thereon, by Crystal Palace or Crystal Palace's family, guests, invitecs, employees, contractors or other authorized agents or users. Each party shall continuously maintain a comprehensive gonoral liability insurance policy on their respective properties, wliich policies shall include each party's respective interests in the Easement and, to the extent practicable and provided there is no additional cost to do so, each party's general liability insurance policy shall name the other party as an additional insured. 6. Attornevs' Fees. In the event of any litigation arising out of this Easement Agreement, including the intorpretation or enforcement ofany ofthoterms orprovisions herof, the prevailing party shall also be entitled to recover its reasonable attorneys' fees and costs incurred therein. 7. Authority. Thepersons signinglhts Agreementrepresentand warrant that they have theright, authority and power to execute this Agreement on bobalfofthe parties for whom they Bre signing. Eaob party represents and warrants to the other party that thls Agreement is a binding obligation of such party. 8, Governing Law. This Agreement is made with respect to rights and obligations accruing in the State of Colorado and shall be governed by and construed in accordance with the laws ofthc State of Colorado. 9. RemediÂ¢, for Breach of Covenants. The parties hereto shall be entitled to any and all remedies permitted by law. including injunctive and mandatory relief, for breach of any of the covenants, warranties, indemnities and obligations contained herein. 10, Binding Effect; Covenant: Running With the Land. This Easement Agreement shall be binding upon and inure to the benefit of the parties hereto and their ICSpective heirs, personal representatives, successors and assigns forever, and the benefits and burdens hereofshall constitute Â©ovenants running with thetitle to the Crystal Palace Properly and the Madsen Property. MACIAÂ·01,1 MÂ»~US,m $ 0~NE:Lf@URY:MAIL DOWNLSADS:DINEWAY BASE!~2Â·UÂ·11.bOC RECEPTION#: 610646, 05/29/2014 at 02:04:39 PM, 4 OF 6, Janice K. Vos Caudill, Pitkin County, CO OCT-25-2013 12:25 BIGHORN REALTY 970 349 6214 P.04 11. Entire Agreement. This Easement Agreement constitutes the entire undermanding and agreement bdween the parties relating to the subject matter hereof All preceding representations or agreements relating to the subject matter hereof, whether written or oral, are hereby merged into this Easement Agreement 12. Waiver. Any waiver by any party hereto of any breach of any kind or character whatsoever by any other party, whether such shall be direct or implied, shall not be construed as a continuingwaiveroforconsentto fy subsequentbreachofthisAgreementonthepartof anyother party. IN WITNESS WHEREOFitheparticsbave hereuntosettheirhands andseals as oftheday and year flrst above set forth. THE CRY,Sl'AL PALACE CORPORATION, a Colorado corporation 1 4-2 F. ead Metcalf, President ((MAS &. fkd~0~,h-/ Cornelia Gallaher Madsen a/]da Cornelia G. Madsen STATE OF (Â©(C> r tt~O ) ) SS. COUNTYoi<Puâ€ž.,Sop) 1-he foregoing instrumentwas acknowledged beforomethis 15*tay of October, 2013 by F. Mead Metcalf, President of THE CRYSTAL PALACE CORPORATION, a Colorado corporation. WITNESS my hand and official seal. .1- - CAFfNel#KER*'R-"gl 1 $*fry Yc~Ja2OO M My Commission Expires: i~ NOTARY Iniâ€¢,pat,015 N cua~tlgmug=221115 U.Â«1'-0.-*-1 Notar*20 MACnfrOS,I HD:Ullis DIANRIÂ·MUltI<MAn. hOWNt.OADA:01!IRWAY EAS~I~*r:M'-'100(t RECEPTION#: 610646, 05/29/2014 at 02:04:39 PM, 5 OF 6, Janice K. Vos Caudill, Pitkin County, CO OCT-25-2013 12:25 BIGHORN REALTY 970 349 6214 P. 05 STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this @& day of October, 2013 by GEORGE W. MADSEN, JR. and CORNA,.IA GAI.LAHER MADSEN &/Wa CORNELIA O, MADSEN. WITNESS my hand and official seal. My Commission Expires: â‚¬ 15 11- - k 1 -r-v NatalÂ¥ Public f LISA E. POPISH ~ | NOTARY PUBLIC 1 STATE OF COLORADO 1 NOTARY ID #20054018338 1 ~ _My(lommhs.ton Expires May 15, 2017J MACT?40Â·v{ HU. Vi'ue~I~~AKK:LUUuAY MAO, 130*LGADS;OPMU'WAY ~191'4!T â€¢ 9 41.-n.DOC RECEPTION#: 610646, 05/29/2014 at 02:04:39 PM, 6 OF 6, Janice K. Vos Caudill, Pitkin County, CO EXHIBIT A ASPEN SURVEY ENGINEERS,INC 210 SOUTH GALENA STREET, SUITE 22 ASPEN, COLORADO 81611 970925 3816 ASEI JOB NO. 10357 ACCESS EASEMENT AN ACCESS EASEMENT ACROSS PARCEL 1, SECOND AMENDMENT TO HERNDON SUBDIVISION AS DESCRIBED IN PLAT BOOK 16 AT PAGE 49, CITY OF ASPEN, PITKIN COUNTY, COLORADO, DESCRIBED AS FOLLOWS: BEGINNING AT A RADIUS POINT THAT BEARS N 10Â°15' 23.18 FEET FROM THE SOUTHEAST CORNER OF SAID PARCEL t. THENCEN 10Â°15' E 20.0 FEET ALONG THE EASTERLY BOUNDARY OF SAID PARCEL 1, BEING COMMON TO THE ALLEY OF BLOCK 4, CITY AND TOWNSITE OF ASPEN; THENCE 31.54 FEET ALONG AN ARC HAVING A RADIUS OF 20.0 FEET, WHOSE CHORD BEARS S 55Â°04'12" W 28.37 FEETTO THE SOUTHERLY BOUNDARY OF SAID PARCEL 1; THIENCE S 71Â°04' E 20.23 FEET TO SAID SOUTHEAST CORNER OF PARCEL t; THENCEN 10Â°15' E 3.18 FEETTO THE POINT OF BEGINNING. CONTAINING 347 SQUARE FEET MORE OR LESS. ...~ 2 C>'=5Â· LAND Flfi,~*ED AUE$S FASEâ€¢E6 1 HERNDON SUBD'VISION ~EGBND AND NOTES A ..AC,To?422 1=11'.9331$3:ElyXEW'â€žW.5%" . W.. .... . .ZE.E. ID 20 110 A Â®/.r 0-'1/OL I ' ..... 40' ./4 0).2 $00Â· ~ONTOOR$ ......' A e .... I IN *p .FEN .5 --I -i.Â®. ,_ui~ siew is Mes â€¢,â„¢ â„¢â€¢ We~ rn kÂ«â€¢ 4 InED 0/ DE '519~01 ./.SÂ·TE ' . I ' 5~EVA I.INS ./.0 C. cin ....1 .$ -,AM'll' 20 . 7/6 I 0 Â¢.be *Tâ€¢â€¢*t .C O-CRO Â·2.-teÂ· . â€ž . . 1, 4â€¢ 0 euT ..".5 -% S. I Â®4bAÂ¥ Â»I .i :â„¢â‚¬4 UUiL. 1.4 â„¢; ALL. iâ€¢e,*Ree ~cAS Eâ€¢Â»F-*T 70 ul= I; SO fl f VEST n ./W:~1:'-'11,â‚¬6 'Y. i,!0~ â€¢E*OAhÂ£0 â€¢ 63Â·2 06 6 3 25 P----_. HAL.LAM STREET _....._. 9./\L,~ ---/. i <49 09 he 0 -------------- 4 \ R. 13 1 - 2, f 2.9.11.2 1 00 t-1 4 kâ€ž.7 4 / itiELL Â®Â»1*~ 1 6 11- CERrt~~ â„¢AT lu S ~Al ~6 PUP~ED F* 1 1 1 ./FO'.20 ...... I.,Fl'i D. /. 4. DIS. â„¢ i S~Eâ€¢ voto i.&.7 *r-ED t S>,b , PARCEL 2 ~ --i 0 I .~~9~ ..01: Si- , 9.1.1...7 P,%9 4 1. . M I f PARCEL i 2 f 2.' l i b: =â€¢u Â·'â€¢Et J /8 j 1 ' NX Â«.i-r-e 861.9 ./1. UL - 'G '0 el, .9. 410 -MN- 2,9., /0 1 ..... .tâ€¢ M. MEâ€¢Â·' 1 - N"lriaÂ»a_-6- 2 2 - --I-~-,2..... ..' iryÂ¥'9..Â·' 4- .4 '8'- 4 /74 * CRYSTAL PALACE CORP. 1 & I k LOT 8 1 LEGAL DESCRIPTION .0. -* 4, ' f Â·. N .*Al.S'UV~Â·70: ':P :l:. 77.: ~'M*k.Â° ':..?.: ;4.1.' 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Jam Free Printing Afil#KI www.avery.com Use AveryÂ® TEMPLATE 5160Â® Im:=8'mimmt 1-800-GO-AVERY Attachment 11 31 ASPEN VILLAS LLC 5 STRING LLC 834 WEST HALLAM ASSOCIATES LLC 4 JACKSON DR PO BOX 1709 200 E MAIN ST ACTON, MA 01720 GATLINBURG, TN 37738 ASPEN, CO 81611 , AARONS MARTHA REV TRUST ALDERFER JOHNNIE MAE ANDERSON ANGUS A 100 N 8TH ST#26 PO BOX 10880 277 WILLITS LN ASPEN, CO 81611 ASPEN, CO 81612 BASALT, CO 81621 ARETZ REAL-TY INC ASPEN COLORADO LLC ASPEN SQUARE CONDO ASSOC INC 4725 S MONACO ST #330 100 N 8TH ST #5 617 E COOPER DENVER, CO 80237 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN TOWNHOME LLC ASPEN VILLAS CONDO ASSOC INC ATKINSON SUZANNE E 2151 ROCKCRESS WY SHERMAN & HOWARD LLC 100 N EIGHTH ST #19 GOLDEN, CO 80401 201 N MILL ST #201 ASPEN, CO 81611 ASPEN, CO 81611 BECKER RACHEL 25% BELL MOUNTAIN TRUST BENDON CHRISTOPHER J 1000 PARK AVE PO BOX 2792 920 W HALLAM ST NEWYORK, NY 10021 ASPEN, CO 81612 ASPEN, CO 81611 BEN-HAMOO PATRICE CONYERS BLAIR ALISON & WINFORD R BLANZ JAMES M PO BOX 2902 941 W HALLAM 6344 NW 50TH ST ASPEN, CO 81612 ASPEN, CO 81611 CORAL SPRINGS, FL 33067 BLAU SYLVIA BLUE MARCUS J BORDERICK MARK 1 GROVE ISLE DR #410 910 W HALLAM ST #11 939 W HALLAM MIAMI, FL 33133 ASPEN, CO 81611 ASPEN, CO 81611-1163 BRADY KAREN KAY BRITTINGHAM JOHN SHELBY BRUFF SHERLYNNE GUEST & HAROLD H 15 CASTLE HARBOR IS 100 N 8TH ST #22 1245 OLD TALE RD FORT LAUDERDALE, FL 333086011 ASPEN, CO 81611 BOULDER, CO 80303 BRUNT FAMILY LIMITED PARTNERSHIP BUDD MARTIN 50% CITY OF ASPEN 3814 CROWN BAY 215 OCEAN DR WEST 130 S GALENA ST ST THOMAS VIRGIN ISLANDS 00802, STAMFORD, CT 06902 ASPEN, CO 81611 CKS ASPEN LLC COHEN SANDRA REV TRUST COX BRANDON 1767 E MCMILLIAN ST 901 W FRANCIS ST FERTIG DALE M CINCINNATI, OH 45206 ASPEN, CO 81611 1009 S E 2ND ST FORT LAUDERDALE, FL 33301 Â®09 L5 Â®AllmAV ~ UIO)*laAe'MAAM 0/Imilm" Bullubld 001:I uier AM3AÂ¥-O9-008-L MieS#Agen 9 ~29(/4Â®0915 3lvldl/ull Â®kleAV ain Jam Free Printing -m- www.avery.com '~ AVERYÂ® 5160Â® Use AveryÂ® TEMPLATE 5160Â® mz==imm 1-800-GO-AVERY CROSSETT JENNIFERA DEPAGTER JACOBUS ADRIAAN DITTMAR KRISTIN MURRY SHAWN P PO BOX 182 945 W HALLAM AVE 1333 E 3RD AVE ASPEN, CO 81612 ASPEN, CO 81611 DENVER, CO 80218-3906 ECKART CHARLES F EIDSON JOY REVOCABLE TRUST FELDMAN CHESTER 119 MAPLE LANE 100 N 81-H ST #9 PO BOX 8193 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612 FOREST SERVICE ASPEN Â· FRANCIS.Â·STÂ·REET LLC FRASER KRISTINA B & GOLDSTEIN HEADQUARTERS PO BOX 1365 JEFFREY S : UNITED STATES FOREST SERVICE ASPEN, CO 81612 1025 S RACE ST DENVER, CO 80209 GABEL PAMELA SUE GELLER SCOTT GIBANS JONATHAN 943 W HALLAM 4755 SUMMERLIN RD#1 100 N 8TH ST UNIT 1 ASPEN, CO 81611 FORT MYERS, FL 33919 ASPEN, CO 81611-3145 GILES NATHAN R GORTAN TIZIANO & ENRICA U GREGORY KIRK NOURIAN NASIM 260 COLUMBINE CT GREGORY PETRA 1380 W AUTO DR BASALT, CO 81621 PO BOX 10055 TEMPE, AZ 85284 ASPEN, CO 81612 H & M REALTY LLC HARPER DONNA M REVÂ·TRUST HATCH DEBORAH SMITH REV TRUST 50% 814 W BLEEKER ST #02 27 PELICAN PL PO BOX 12366 ASPEN, CO 81611 BELLEAIR, FL 33756 ASPEN, CO 81612 HEISLEY MICHAEL E TRUST KEILIN KIM MILLER TRUST KENNER SAMUEL 70 W MADISON ST #5600 PO BOX 10064 1 GROVE ISLE DR #410 CHICAGO, IL 60602 ASPEN, CO 81612 MIAMI, FL 33133 KI_UG WARREN E & KATHLEEN M KOSFIELD ASPEN LC KURTZ KAREN L QPRT 100 N 8TH ST #3 100 SE SECOND ST #2800 17358 S MCKENNA DR ASPEN, CO 81611 MIAMI, FL 33131 PLAINFIELD, IL 60586 LARNER JACQUELINE L LENK MEREDITH LEVINE MICHAEL A 376 DAHLIA PO BOX 4415 3500 MYSTIC POINTE DR #1408 - DENVER; CO 80220 ASPEN, CO 81612 AVENTURA, FL 331802581 LRG PROPERTY TRUST LUU TONG KHON MADSEN GEORGE W JR & CORNELIA G 1100 CAMELLIA BLVD #201 TRAN TUYET LE 931 W FRANCIS ST LAFAYETTE, LA 70508 814 W BLEEKER ST #B4 ASPEN, CO 81611 ASPEN, CO 81611 AllaAÂ¥-09-008-1, t~Zzzmzzz] .12+1 Â®09!,5 314-Id!/\!31 Â®beAÂ¥ esfi Â®O9Ls Â®AMEI,W ~ 1110)'Al@Ae'AAARAA Emim@*1 6uuupd 8313 Wer Jam Free Printing t.im-imi www.avery.com ~ AVERYÂ® 5160Â® Use AveryÂ® TEMPLATE 5160Â® EZ~ 1-80MIC)-AVERY MANDERSON NANCY R 50% MANIE MYCHAL B MARKEY PETER & CHRISTINE 2212 RICE BLVD 4589 SILVER DALE CT 922 W HALLAM HOUSTON, TX 770052628 CASTLE ROCK, CO 80108 ASPEN, CO 81611 MATTHEWS DEE R MCNAIR STEPHEN & STACY MCNUTT LEXI & RAY 5121 52ND ST NW 2 STILLFOREST PO BOX 9667 . i WASHINGTON, DC 20016-4379 HOUSTON, TX 77024 ASPEN, CO 81612 MCTAMANEY ROBERT A Ill 2012 FAMILY MENDELSON CLIFFORD MINNESOTA MATERNAL i I TRUST. 4807 CUMBERLAND AVE FETEL MEDICINEÂ·. Â·t KUKIO 72 124 LAE KIKAUA MAUKA ST CHEVY CHASE, MD 20815 2115 DWIGHT LN Â·,1 i:kÂ·Â·Â· MÂ· KAILUA KONA, HI 96740 MINNETONKA, MN 55305 NAFTALIS RICHARD C & ELIZABETH Z NEUMAN JONAH 25% OTT JOHN & CAROL M 5315 ROYAL LN 333 CENTRAL PARK WEST 129 LITTLE ELK CREEK AVE'' , DALLAS, TX 75229 NEW YORK, NY 10021 SNOWMASS, CO 81654-9318 , OTTEN DOUGLAS & GLENDA OVERTON PATRICIA J PAFFENDORF PAUL JEFFREY 5103 SEA PINES DR 100 N 8TH ST #24 604 E 1ST ST #B DALLAS, TX 75287 ASPEN, CO 81611 DURANGO, CO 813015704 Â·. PITCHFORD BARBARA PLATERO ERIC P PLOTKE ELIZABETH PO BOX 8812 969 TROPIC BLVD 100 N EIGHTH ST #10 ASPEN, CO 81612 DELRAY BEACH: FL 33483 ASPEN, CO 81611 RAKESTRAW RONALD L REALUS TRUST REED BRENT H 947 W HALLAM ST 814W BLEEKER Bl 100 N 8TH ST #6 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611-1124 ROTHMAN MARK S & SANDRA C RUECKERT WILLIAM SANCHEZ ANDY L& MICHELLE MAINS 100 N 8TH ST #12 850 HULLS FARM RD PO BOX 1801 ASPEN, CO 81611 SOUTHPORT, CT 06890 ASPEN, CO 81612 SANZONE SHERI A SAXON FAMILY DELTA TRUST SHAPIRO MARK ' 920 W HALLAM ST 6677 S EVANSTON CIR 4554 ROCK RIDGE LN ASPEN, CO 81611 TULSA, OK 74136 AKRON, OH 44333 SHARP DESIGNS INC SHERIDAN DAVID R 11 SHERMAN GARY M 936 W FRANCIS 4539 SILVER DALE CT 100 N EIGHTH ST #4 ASPEN, CO 81611 CASTLE ROCK, CO 801089039 ASPEN, CO 81611 AMMAÂ¥-09-008-L m===Z=:3 T /09/14Â®0915 31Â¥ldIAI31 Â®bleAV @sn Â®091.5 Â®AME]#*#7 Fl U.103*ABAe'AAMAA imimman Bu!Ju!Ad @813 Uler Jam Free Printing M.Imimm www.avery.com Use AveryÂ® TEMPLATE 5160Â® ==== 1-800-GO-AVERY ~ AVERYÂ® 5160Â® SHURMAN JOHN & CAROLYN SIEGEL ELIZABETH N & NEIL B STEINBERG EDWARD M & TOMI A 100 N 8TH ST #29 100 N 8TH ST UNIT 8 814 W BLEEKER ST #Al ASPEN, CO 81611 ASPEN, CO 816113145 ASPEN, CO 81611 STRASSBURGER SARAH E STUART DONA TALENFELD ELIZABETH G 910 W HALLAM ST PO BOX 11733 915 W FRANCIS SI APT 3 ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611-1158 TOPELSON ALEJANDRO TORREANO MARGARET ANN TORREANO MARIE HELEN 4725 S MONACO ST #330 814 W BLEEKER ST #E6 5031 BALLARAT LN DENVER, CO 80237-3468 ASPEN, CO 81611 , CASTLE ROCK, CO 80108 TRAN HONG HUONG VALLEY MIA C VILLA 15 LLC 50% 814 W BLEEKER ST #Cl 100 N 8TH ST #20 PO BOX 1307 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612 WERNER MICHAEL B WEST END PROPERTY LLC WEST SOREN P & KAREN C 3800 HOWARD HUGHES PKWY #1230 814 WEST BLEEKER ST #B6 853 PLEASURE RD LAS VEGAS, NV 891695915 ASPEN, CO 81611 LANCASTER, PA 17601 WICKERT JILL A TRUST WILLIAMS DAVID A & BONNIE JO WYLY CHERYL R MARITAL TRST 16255 VENTURA BLVD #800 100 N EIGHTH ST #18 3905 BEVERLY DR ENCINO, CA 91436 ASPEN, CO 81611 DALLAS, TX 75205 AUBAV-09-008-& czz:Z=Blf'/122 9 C 29 ~~09L5 31yldIN31 Â®41@Av @sn Â®09 KS Â®A LUO)'/tleAe'AAMAA m=/FNG, Bu!.Juud BeAd luer re 7- ill 1 1 f -.:f \\It f - --9 lu 1 W SMUGGLER ST 0 75 1 7 *ts 1 -11 i , Feet -- S : This map/drawinghrnage isa gaphical representation r t . A It of the features depicted and is not a legal ~ representation. The accuracy may change 1 . , a Â£ depending on the enlargement or reduction. 6 :- i ,- r 1 1 4 â‚¬ f ._.Uns-..i L..=-m-'. Copyright 2014 Aspen/Pitkin GIS 9 9/29/2014 10:27-49 AM CAGIS\lemp\Sept14\928WHallam Linxd 0 1 1 -iAARP i 'PROPERT~( i ;ROBERTAIIIÂ·2012: . f 2 _ 0, LRG 1 -*'~ i i MCTAMANEYÂ·,Â· { d . I 6-WERNER 11 \ 1 1 DESIGNS O TRUST A i 1 1 FAMILY TRUST MICHAEL B ~ ~ .~ ~ .-Â· INC~ ~ SAXON',~7MILY Â£ t k i --3 -DELIATRUST-- â‚¬6- .. â‚¬reek W FRANCIS ST 1 Â»---2TOWNHOMES'CONDO- SERVICE ASPEN . .. , FRANCIS STREET FOREST - / ; MADSEN 4 rFRANCIS+:..ASSOCr-- - HEADQUARTERS i GEORGE W"JR 1 2TREET LLC ~Â·i, ~ ;, I. .N, 1 L l,CORNELIA Gi -TALENFEL.6 Â·Â· Â· i ~' % 1 -1~ LCL, 8 % ~ :'CURTON -2 1 2 â€¢Â«Â·Â·-' 1 i ElfIL#BETH Q *'1 1 LT CONDO ... i i : 1 - A 4 , , ASSOC N J ./. CITY OF Â· 1, CITY OF L ..==-- I r rÂ·-- - S4@moer-1 - ASPEN~ 1 1 \ ASPEN Â· MARKEYâ€¢RETER-7-- CONDO- L=*=93;7:I# 1 1%. . 1 3 & CHEISTINE 71 -' ASSOC i i BENDdN 1 1- - h 83-1 WEST HALLAM _. --,1- 6 f. '- Â· '- CHRISTOPHER f ; Â· . | i ASSOCIATES:l.LC & -- ' i $ asptilb. I . r {: ~ s F 1 ; 15\\ P- - ASPE# LC-- .... ".4 3 "4..., e /1 0 4\ L - \I HW~ 82 \ ~ 33 W HALLAM ST E Ay ~ l: ri- RED HOUSE h Z 14 CONDOASSOC . e 2 \ 99, Jj 1 10* FRâ‚¬ydRYY N \.KIR 'i 1 F ' , 1 57. ~ 7--Er-7. , 12' 84, STU8RT-(3 ~ DONÂ»~\ .--,I.Â¥ -- 9 0 ... 1 1 -,2 - i I ./ 1 /6.: ty h.*, \ - 4- 4,1.1 ;- t"-% .41 / f--2Â»22_*:-1 S.J' . . % ~ ear=- 0 ASPEN VILLAS 1 ALOERFER Â§ 1 CONDO ...4. -1 I j JOHNNIE MAN 1 VAATh' 't : ': f.1 ASSOC ING- L-/1 44 f .iÂ· m.:I i . ~ 1. r- / eâ€¢-*â€¢=nâ€¢-1 1 CITY OF ,% A '5.-- .Z. 1 E-794 j :: . =,I : ~,- - Â·: 1 ASPEN 'sâ„¢j i i k t + r...i E . 4:-* - fi It 1 & 1 7'. t. ~~ ~:92=:Ur=W=Lg!~tar.112~W:0:&10:M-+CDÂ·::::. 1- --.'ie..281<L,40Â«A~y~pw~A~~ U . WBLEE<ERST[~ 5 1 4 , ; 1 K VILLAS OF ASPEN f~> Â· i ----- ..,4.-I ~[ V *5"y .. < DEPAGTER, -7 â€¢ TOWNHOUSESASSOC <f 1 11~ [ 2 * JACOBUS; i ADRIAAN 1 : Ft i s.-- t 1. 1 E--A F Â·Â· .... 1 1 All FY 4 -- r.-1 - 1/ ./ 0 r-Â° ? & L=L ID.-- '.I# 14 â‚¬ ji W MAIN ST A la--~212.8~~L 1 2 Attachment 12 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Hillary Seminick/Sara Adams 429.2778 DATE: 8.8,2014 PROJECT: 928 W. Hallam St. REPRESENTATIVE: Patrick Rawley, Stan Clauson and Associates REQUEST: Minor Subdivision - Lot Split DESCRIPTION: The prospective applicant would like to subdivide the property located at 928 W. Hallam St. into 2 fee simple lots. A duplex is currently located on the site. The lot is within the R-6 zone district, Applicant represents that the current property is 16,150 SF in size and proposes a Lot Split form of subdivision to create one 8,866 SF lot and one 7,284 SF lot. The proposed lots must comply with the R-6 zone district requirements, as per Land Use Code Section 26.710.040. Dividing the current parcel into two lots will create a building that spans a parcel boundary. Per Sub-section 26.480.040 D., Existing Structures, Uses and Non-Conformities, "the structure or use may continue until recordation of the subdivision plat" or the city may accept some form of assurance to maintain the structure after recordation of the subdivision plat if the building is not demolished. Access to each lot shall be provided via a shared driveway easement from the adjacent alley. The existing curb cut on Colorado Hwy 82 will be removed. CDOT permission for the removal of the curb cut has been obtained and shall be provided to engineering br review. A lot split is a one-step review before the City Council. The approval is reviewed through a public hearing process (inclusive of neighborhood outreach) and, if approved, granted via ordinance. As a side note to the Lot Split discussion, the front lot line for each new lot shall be oriented to Colorado Hwy 82. This shall be considered the front yard orientation for Residential Design Standards and setback requirements when the property is redeveloped. The western portion of the property lies within the Stream Margin Review area. This includes all areas within 100 feet measured horizontally from the high water line of Castle Creek. Any development within this portion of the property would be subject to heightened review procedures and standards set forth in Section 26.435.040 of the Land Use Code. Portions of the property have slopes greater than 20%, which can cause a reduction in allowable floor area up to 25%. A professional site survey will be necessary to determine the areas with steep slopes and potential reductions. Below are links to the Land Use Application form and Land Use Code for your convenience: Land Use App: http://www.aspenpitkin,com/Portals/0/docs/City/Comdev/Apps%20and%20Fees/2013%20land%20use%20app%20form.p df Land Use Code: http://www.aspenpitkin.com/Departments/Community-DevelopmenUPIanning-and-Zoning/Title-26-Land-Use-Code/ Relevant Land Use Code Section(s): ASLU Minor Subdivision - Lot Split 928 W. Hallam St. 2735-123-00-015 1 26.304 Common Development Review Procedures (as applicable) 26.480.030 Procedures for Review 26.480.060.A Minor Subdivision - Lot Split 26.480.080 Subdivision Application Contents 26.575,020 Calculations and Measurements 26.304.035 Neighborhood Outreach 26.710.040 Medium-Density Residential (R.6) Zone District Review by: Staff for completeness, Engineering, City Council Public Hearing: Yes, at City Council Neighborhood Outreach: Yes, prior to the first City Council hearing. Planning Fees: $3,250 Deposit for 10 hours, additional hours billed at $325 per hour. Any unbilled portion of this deposit will be refunded at the conclusion of the case. Additional staff hours, if needed, will be billed at $325 per hour Referrals: $265 hourly rate for Engineering. Total Deposit: $3,515 To apply, submit the following information: U Completed Land Use Application and signed fee agreement. D Pre-application Conference Summary (this document). Il Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, 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. E Applicant's name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. Il A site improvement survey (no older than a year from submittal) including topography and vegetation showing the current status of the parcel certified by a registered land surveyor by licensed in the State of Colorado. m HOA Compliance form (Attached) D Documentation showing the proposal meets all Transportation Mitigation Requirements as outlined in the City's Transportation Impact Analysis Guidelines and Mitigation Tool, available online at: http:#www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zoning/Recent-Code- Amendments/. A copy of the tool showing trips generated and the chosen mitigation measures should be included with the application. 2 Il 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 and relevant land use approvals associated with the property. D Written responses to all review criteria. D An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. [3 1 Complete Copy. If the copy is deemed complete by staff, the following items will then need to be submitted: 0 10 Copies of the complete application packet and, if applicable, associated drawings. D Total deposit.for review of the application. - O A digital copy of the application provided in pdf file format. 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. 3 THE CITY OF AspEN Land Use Application Determination of Completeness Date: October 13,2014 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. Your Land Use Application is incomplete: Please submit the following missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. ~Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community' Development Department. Please contact me at 429-2759 if you have any questions. Thank-You Jennifer Ph@lan, DeputyPlanning DireETor City of Aspen, Community Development Department For Office Use Onlv: Qualifying Applications: Mineral Rights Notice Required New PD Yes- No_*_ Subdivision, or PD (creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes~~*_ No Commercial E.P.F. Lodging ti' rcuv" #14 cÂ» 6\\\ 0 -4 0077Â·20/4.ASUA RECEIVED C 1 STAN CLAUSON ASSOCIATESINC (?r T 0 9 2014 landscape architecture.planning.resort design CITy OFASPEN OMMUNITY DEVELOMENT 412 North Mill Street Aspen, Colorado 81611 t. 970/925-232-3 f. 970/920-1628 info@scaplanning.com www.scap[anning.com 9 October 2014 Ms. Jennifer Phelan, AICP Deputy Director City of Aspen Community Development 130 S. Galena Street, 3rd Floor Aspen, CO 81611 Re: 928 W. Hallam Lot Split / Land Use Review Dear Jennifer: Please find attached the Title Commitment issued by Stewart Title in connection with Gateway Aspen LLC's recent purchase of 928 W. Hallam. This Title Commitment, dated 16 September 2014, is submitted to you as proof of ownership of 928 W. Hallam Street by Gateway Aspen, LLC. We trust this information will complete the Lot Split land use application submitted to you on 1 October 2014. Please provide a letter deeming the application complete and we will provide the check to cover any and all fees associated with the application as well as the required number of application books. We look forward to receiving possible dates for our public hearings. Please call me with any questions. Very truly yours, Iph-â‚¬==*A- Patrick S. Rawley, AICP, ASLA Stan Clauson Associates, Inc. Attachments stewart titi e 620 East Hopkins Ave Stewart Title - Aspen View your transaction progress 24/7 via Stewart Online Aspen, CO 81611 Ask us about your login today! Date: September 16,2014 File Number: 01330-43845-Amendment No. C6 Property: 928 West Hallam Street, Aspen, CO 81611 Please direct all Closing inquiries to: Priscilla Prohl-Cooper Phone: (970) 925-3577 Fax: (866) 277-9353 Email Address: pprohl@stewart.com SELLER: BUYER: Crystal Palace Corporation Gateway Aspen LLC, a Colorado limited liability company Delivery Method: Emailed Delivery Method: Emailed Listing Agent: Selling Agent: Aspen Snowmass Sotheby's International Realty Aspen Snowmass Sotheby's International Realty 415 East Hyman Avenue 415 East Hyman Avenue Aspen, CO 81611 Aspen, CO 81611 Contact: Carol Dopkin Contact: Lex Tarumianz Phone: (970) 925-6060 Phone: (970) 925-6060 Fax: Fax: Email: carol.dopkin@sothebysrealty.com Email: lex@pyramidadvisors.net Delivery Method: Emailed Delivery Method: Emailed Lender: Bank of Colorado 655 E Valley Rd Basalt, CO 81621 Attn: Bryan Chochon Phone: (970) 704-1144 Email Address: bryan.chochon@bankofcolorado.com Additional Contact: Phone: Fax: E-mail Address: Additional Contact: Phone: E-mail Address: Delivery Method: Emailed We Appreciate Your Business and Look Forward to Serving You in the Future. stewart title Stewart Title - Aspen 620 East Hopkins Ave Aspen, CO 81611 (970) 925-3577 Escrow Number: 01330-43845 WIRING INSTRUCTIONS US Bank 535 Westminster Mall Westminster, CA 92683 Beneficiary: STEWART TITLE ACCOUNT #: 153910695078 Routing/Transit #: 123000848 PLEASE REFERENCE: Escrow Number: 01330-43845 Escrow Officer: Priscilla Prohl-Cooper Property Address: 928 West Hallam Street Aspen, CO 81611 Buyer/Borrower: Gateway Aspen LLC, a Colorado limited liability company "Please be aware Stewart Title cannot accept ACH'S to our Escrow Account" File No.: 01330-43845 Page 1 of 1 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: stewart --==Z=.-,=,-- *0'.*.7/.irEEFEEfre&23~14. title guaranty company / Matt Morris Authorized Countersignature President and CEO <49?04/"Â·. 42 - r.., ta Stewart Title - Aspen * 2 1*.1 46 .0 620 East Hopkins Ave 14Â· 1908 +P; ...... .d (ydÂ«.2Â« Aspen, CO 81611 -- 1 7 f 'X AS .1, (970) 925-3577 . . 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. All other uses are prohibited. Reprinted under license from the American Land Title Association. ' File No. 01330-43845 - ..e 004-UN ALTA Commitment (6/17/06) 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< httD:Uwww.alta.orat>. 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 ALIA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association, File No. 01330-43845 .0: ff:.ya 004-UN ALTA Commitment (6/17/06) Â¥>44 COMMITMENT FOR TITLE INSURANCE SCHEDULEA File No.: 01330-43845- Amendment No. C6 1. Effective Date: August 21, 2014 at 8:00 A.M. 2. Policy or Policies to be issued: Amount of Insurance (a) A.L.T.A. Owner's Policy 2006 (Extended) $1,350,000.00 Proposed Insured: Gateway Aspen LLC, a Colorado limited liability company (b) A.L.LA. Loan Policy 2006 (Extended) $922,311.25 Proposed Insured: Bank of Colorado, its successors and/or assigns 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple as to Parcel 1 and 2 and an Easement Interest as to Parcel 3 4. Title to the said estate or interest in said land is at the effective date hereof vested in: Crystal Palace Corporation 5. The land referred to in this Commitment is described as follows: Parcel 1: A tract of land located in the SWIM (also known as Lot 9), Section 12, Township 10 South, Range 85 West of the 6th RM., Pitkin County Colorado, more fully described as follows: Beginning at the point of the intersection of the Northerly right of way line of Colorado State Highway No. 82 and the West limit line of the City of Aspen as located by the 1959 official survey of said city; thence North 7 Degrees 53'16" East along said West limit line, 8 feet to a point on the North line of Hallam Street; thence North 75 Degrees 10' West along the North line of Hallam Street, 10.58 feet; thence North 10 Degrees 15' East 95.8 feet; thence North 87 Degrees 23' West 167.44 feet more or less to the Easterly line of an existing service road ; thence South 1 Degree West along the Easterly line of said road 70.03 feet more or less to a point on the Northerly right of way line of Colorado State Highway 82; thence South 75 Degrees 10' East along said right of way line 166.09 feet, more or less, to the point of beginning. Parcel 2: Parcel "C", according to the First Amendment to the Herndon Subdivision recorded February 24,1981 in Book 11 at Page 14 Parcel 3: Easement according to Driveway Easement Agreement recorded May 29, 2014 as Reception No. 610646. County of Pitkin, State of Colorado 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. *14.Aft All other uses are prohibited. Reprinted under license from the American Land Title Association. :AXPVT,IM File No. 01330-43845 Page 1 of 3 STEWART TITLE CO STG ALTA Commitment Sch A STO GUARANTY COMPANY 2.41% Purported Address: STATEMENT OF CHARGES 928 West Hallam Street These charges are due and payable Aspen, CO 81611 before a policy can be issued See Attached Statement of Charges 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, 14**%Â©AN All other uses are prohibited. Reprinted under license from the American Land Title Association. 4.449~1:3#' 4%38*14*9]48*'1 File No. 01330-43845 Page 2 of 3 STEWART TITLE CO STG ALTA Commitment Sch A STO GUARANTY COMPANY .'- SCHEDULEA STATEMENT OF CHARGES Basic Rate 2006 Owner's Policy: $2920.00 Owner's Extended Coverage: $65.00 Tax Certificate: $20.00 Additional Chain $150.00 Alta 17.1-06 $292.00 Alta 9.2-06 $292.00 Alta 18-1-06 $85.00 Alta 19-06 $85.00 Alta 25-06 $292.00 $292.00 Alta 35.3-06 2006 Lender Policy $150.00 Alta 8.1 $50.00 100.29 $223.00 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. 66%14#<184 All other uses are prohibited. Reprinted under license from the American Land Title Association. tl' 11 *1-f i 1 *)*9,1.t %*,54â€ž9 File No. 01330-43845 Page 3 of 3 STEWART TITLE CO STG ALTA Commitment Sch A STO GUARANTY COMPANY .7.: COMMITMENT FOR TITLE INSURANCE SCHEDULE B PARTI File No.: 01330-43845-Amendment No. C6 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. Evidence satisfactory to Stewart Title Guaranty Company of payment of all outstanding taxes and assessments as certified by the County Treasurer. 4. I Execution of Affidavit as to Debts and Liens and leases and its return to Stewart Title Guaranty Company. NOTE: If work has been performed on, or in connection with, the subject property (architectural drawings, soils testing, foundation work, installation of materials), please notify the Company's escrow officer within 10 days of receipt of this title commitment. 5. Payment of any and all Homeowners assessments and expenses which may be assessed to the property. 6. Evidence satisfactory to Stewart Title of Colorado, Inc. furnished by the Office of the Director of Finance, City of Aspen, that the following taxes have been paid, or that conveyance is exempt from said taxes: (1) The "Wheeler Real Estate Transfer Tax" pursuant to Ordinance No. 20 (Series of 1979) and (2) The "Housing Real Estate Transfer Tax" pursuant to Ordinance No. 13 (Series of 1990). 7. [Intentionally deleted.] 8. Relating to Crystal Palace Corporation, The Company requires for its review the following: a) A copy of the articles of incorporation and bylaws b) A satisfactory resolution of the Board of Directors authorizing the proposed transaction (Shareholders Resolution where applicable) c) A Good Standing Certificate evidencing that the corporation is in good standing in the state of its incorporation d) Execution and recordation of Statement of Authority pursuant to the provisions of Section 38-30-172 C.R.S. Note: At the time the Company is furnished these items, the Company may make additional requirement or exceptions. 9. I Relating to Gateway Aspen LLC, The Company requires for its review the following: a) Copy of the "Articles of Organization", the Operating Agreement and the regulations of the limited liability company and any amendments thereof b) A certificate of good standing, evidencing that the company is in good standing in the state of its formation c) Execution and recordation of Statement of Authority pursuant to the provisions of Section 38-30-172 C.R.S. Note: At the time the Company is furnished these items, the Company may make additional requirements or exceptions. 10. Deed from vested owner(s) vesting fee simple title in the purchaser(s). NOTE: Notation of the legal address of the grantee must appear on the deed as per 1976 amendment to statute on recording of deeds CRS 38-35-109 (2). Copyright 2006-2009 American Land Title Association. All rights reserved. - %*44*'i .4,3 The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. 1:4444 ***1 ' g.*<Muti *5% File No. 01330-43845 Page 1 of 2 STEWART TITLE CO STG ALTA Commitment Sch B I GUARANTY COMPANY #t COMMITMENT FOR TITLE INSURANCE SCHEDULE B PARTI 11. Deed of Trust from the Borrower to the Public Trustee for the use of the proposed lender to secure the loan. NOTE: The vesting deed is shown as follows: Warranty Deed recorded February 24, 1981 in Book 404 at Page 763 and deed recorded March 25, 1980 in Book 385 at Page 357. Approval to issue this policy must be obtained from authorized Underwriting Personnel of Stewart Title Guaranty Company. This commitment and any policies to be issued are subject to any additional limitations, requirements or exceptions made by Stewart Title Guaranty Company. 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. ..EltÂ© A. *A:MÂ¥:1:f) : All other uses are prohibited. Reprinted under license from the American Land Title Association. *4%/N *%*:q:%$%: File No. 01330-43845 Page 2 of 2 STEWART TITLE .2:. CO STG ALTA Commitment Sch B I GUARANTY COMPANY .J~Â¥0*1 COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART 11 File No.: 01330-43845-Amendment No. C6 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. 4Taxes and assessments for the year 2014 and subsequent years, not yet due and payable. 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. Reservations and Exceptions as set forth in the Deed from the City ofAspen recorded January 21, 1888 in Book 59 at Page 306 providing as follows: "That no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper or to any valid mining claim or possession held under existing laws. 11. Right of Proprietor recorded December 3, 1892 in Book 55 at Page 35. 12. [Intentionally deleted.] 13. [Intentionally deleted.] 14. Herndon Subdivision Plat recorded August 15, 1980 in Book 10 at Page 31 and First Amendment recorded February 24,1984 in Book 11 at Page 14. 15. Record Overlap with subject property as shown on the Subdivision Exemption Plat for Aspen Historic Cottages recorded January 27, 1999 in Book 48 at Page 43. 16. Driveway Easement recorded May 29,2014 as Reception No. 610646. 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. .Mt*}L AN All other uses are prohibited. Reprinted under license from the American Land Title Association. 842/7/jy File No. 01330-43845 Page 1 of 2 STEWART TITLE CO STG ALTA Commitment Sch B 11 STO GUARANTY COMPANY 159: COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART 11 17. *Any and All Leases and Tenancies. NOTE: Will be deleted if Seller provides an affidavit that there are no leases and tenancies affecting property. 18. Any rights, easements, interests or claims that may exist by reason of or reflected by the following facts shown on the survey dated July 2014 by Aspen Survey Engineers, Inc: Any possessory interest claimed due to the fence line location along Eastern boundary and any claim on land shown as 'status of ownership unknown' on survey. 10' Electric and Communication Easement along Northern boundary. NOTE: Exceptions 1 and 4 may be deleted from the policies, provided the seller and buyer execute the Company's affidavits, as required herein, and the Company approves such deletions. If work has been performed on, or in connection with, the subject property (architectural drawings, soils testing, foundation work, installation of materials), and the Company has not reviewed and approved lien waivers and indemnitor financials, Standard Exception 4 (mechanic lien exception) will not be deleted and no mechanic lien coverage will be furnished. Exceptions 2 and 3 may be deleted from the policies, provided the Company receives and approves the survey or survey affidavit if required herein. Exception 5 will not appear on the policies, provided the Company, or its authorized agent, conducts the closing of the proposed transaction and is responsible for the recordation of the documents. 4 Exception 6 is hereby deleted. Copyright 2006-2009 American Land Title Association. All rights reserved. Il- Ak:*jite:%,4 The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. , 41'rm 2 File No. 01330-43845 Page 2 of 2 STEWART TITLE CO STG ALTA Commitment Sch B 11 STO GUARANTY COMPANY *4*imt DISCLOSURES File No.. 01330-43845 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 - Aspen 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.: 01330-43845 CO Commitment Disclosure STG Privacy Notice 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 title 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 Yes No business and managing customer accounts, such as processing transactions, mailing, and auditing ser'vices, and responding to court orders and legal investigations. For our marketing purposes- to offer our products and services to Yes No you. 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 Yes No non-financial companies. Our affiliates may include companies with a Stewart name; financial companies, such as Stewart Title Company For our affiliates' everyday business purposes- information NO We don't share about your creditworthiness. For our affiliates to market to you - For your convenience, Yes Yes, send your first and last name, the email Stewart has developed a means for you to opt out from its affiliates address used in your transaction, your marketing even though such mechanism is not legally required. Stewart file number and the Stewart office location that is handling your transaction by email to optout@stewart.com or fax to 1-800-335-9591. For non-affiliates to market to you. Non-affiliates are companies No We don't share not related by 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 notify me We must notify you about our sharing practices when you request a about their practices? transaction. How do the Stewart Title Companies protect my To protect your personal information from unauthorized access and use, we personal information? use security measures that comply with federal law. These measures include computer, file, and building safeguards. How do the Stewart Title Companies collect my We collect your personal information, for example, when you personal information? â€¢ request insurance-related services â€¢ 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,: 01330-43845 Page 1 Revised 11-19-2013 THE CITY OF ASPEN Land Use Application Determination of Completeness Date: October 10. 2014 Dear City of Aspen Land Use Review Applicant, We have received your land use application for the Gateway Aspen Lot Split and reviewed it for completeness. The application is incomplete. h I ~3~Your Land Use Application is incomplete: Please submit the following missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. 1) The proof of ownership (title policy) has no date of issuance associated with it. Is a page missing? The city requires documentation no older than six months. 2) The improvement survey is slightly older than allowed but does not include required information and appears to be inconsistent with the draft plat. Topography, vegetation, structures and easements are not shown. J Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Ihanle You 49. \LUL -3-â‚¬hnif~elan, Deputy Planning Director City or Aspen, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required New PD Yes- No_Â¥~_ Subdivision, or PD (creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes No )>c- Commercial E.P.F. Lodging RECEIVED LAND USE APPLICATION OCT 0 1 2014 30 September 2014 CITY OF ASPEN Location: 928 W. Hallam Street Call'KY *83.# PID: 273512300015 j - 4/ 1 [(M 8723'*0 48.76'] K- ..4 / ** IL-J \'/ / / V -1 , Lot A # .....1 e ...... N 10.1.... 1 E .fj / ; 1.1 L 25- r y / 4 1 : / N i,Ii'~ J .:. 1 i, l--- 1 lili 1 1: :1 â€¢ . ' 7 , k Lot B / 1 5 6.00... i 04 t .3 i " Â· 'f )6 I ...71/ I $ 1 . 1 #7 / ./Â· .1 / S 75.'tri i... Jâ€¢?2'23:1/6:'f/'12 - (S 7AO'E 150.00* (N 7510'W 10.50) i N 75-'.. 7.44' CALC COLOADO 7 I~ER *4 /000*1 - LOrAMDI %-I - AOT. 497 grAITLEANVIGpmAY Nn - (N 753'16~E 8.00') ...acÂ¥.n/_____A,I ./Luzza~-nun, ./ su~v~Â¥/at:,0 0, mi'Me~â€žz,r,n. = 7.19' CALC A Lot Sp/it app/ication to subdivide the 16.150 SF lot into two (2) fee simp/e /ots - Lot A wi// consist of 10,150 SF, Lot 8 will consist of 6.000 SF Represented By: STAN CLAUSON ASSOCIATESINc Iand5cape architecture.planning.resort design IkÂ©Â·>%Ri -2 North Mill Street Aspen, Colo'edo 81611 t 970/925Â·2323 1.970/920-1628 Â·bijA . -Â·: 461 info@scaplanning.com www.scaplanning.com # 0,='00. .oy) ..4 TABLE OF CONTENTS â€¢ Project Overview and Code Response â€¢ Land Use Application Form (Attachment 2) â€¢ Dimensional Requirements Form (Attachment 3) â€¢ Attachment 4- Vicinity Map and Property Description â€¢ Attachment 5 - Existing Conditions Survey â€¢ Attachment 6 - HOA Compliance Policy â€¢ Attachment 7 - Draft Subdivision Plat â€¢ Attachment 8 - Proof of Ownership â€¢ Attachment 9 - Letter of Authorization â€¢ Attachment 10- Driveway Easement Agreement and map â€¢ Attachment 11- Adjacent Property Owners within 300' â€¢ Attachment 12 - Pre-Application Conference Summary 928 W. Hallam Street PID: 273512300015 30 September 2014 PROJECT OVERVIEW Gateway Aspen, LLC (the "Applicant") is requesting subdivision of the 16,150 SF property located at 928 W. Hallam, parcel number 273512300015 (the "Property"). The Applicant has recently purchased the Property from Crystal Palace Corporation. This application has been completed in conformance with the pre-application conference summary dated 8 August 2014. The Property is located within the R-6 (Medium-Density Residential) zone district of the City of Aspen. When subdivided, the resulting two (2) fee simple lots, identified as Lots A and B of the enclosed draft Lot Split Plat, will consist of 10,150 SF for Lot A and 6,000 SF for Lot B. Configured as they are, the proposed lots will easily conform to the minimum lot size in the R-6 zone district of 6,000 SF. The presence of steep slopes, which impact the western portions of the site, as well as areas of easement require the reduction of net lot area. Net lot area provides the basis of the available floor area that can be developed on the lots. Steep slopes and areas of easements reduce the net lot area on Lot A to 7,612 SF and the net lot area on Lot B to 3,846 SF. The resulting maximum available floor area is therefore calculated for Lot A to be 3,466 SF for a single-family residence or 3,858 SF for a duplex. Available floor area for Lot B is 2,637 SF for a single family residence. The Property is located within 100' of Castle Creek and as such must meet the requirements associated with the Stream Margin setbacks, as required by the City of Aspen Land Use Code. No development will be located within 15' of the surveyed top of slope and applicable height limitations associated with the Stream Margin setback will be met. Both lots will utilize an alley, the entrance of which is located off of North 8th Street, as their primary rneans of access. Lot B will also have frontage off of Highway 82. An existing Driveway Easement Agreement, recorded at reception number 610646, will allow the residents of both lots to cross Parcel 1 of the Second Amendment to the Herndon Subdivision, which is located immediately to the north of the site. A second easement will be provided by the owners of Lot B for the residents of Lot A to allow Lot A's driveway to cross a portion of Lot B. Currently, a duplex residential structure is located on the Property. The structure will be removed prior to recordation of the subdivision plat. The subdivision plat will be recorded within 180 days of final approval or within the deadline of any extension that may be granted by the Community Development, if such an extension is requested and approved. The construction of either two single family residences or a duplex and a single-family residence will be consistent with current use patterns in the neighborhood and comply with applicable dimensional requirements of the R-6 zone district. The individual lots would be served by separate utilities, but would not require any additional public facilities. We look forward to working with staff in connection with this application and presenting this proposal to the City Council. 928 W. Hal/am Street P/D: 273512300015 Page 1 30 September 2014 LAND USE CODE SECTION RESPONSES 26.480.030. Procedures for review. A development application for a subdivision approval shall be reviewed pursuant to the following procedures and standards and the Common Development Review Procedures set forth at Chapter 26.304. According to the type of subdivision requested, the following steps are necessary: B. Minor Subdivisions. City Council, during a duly noticed public hearing, shall review a recommendation from the Community Development Director and shall approve, approve with conditions, or deny an application for minor subdivision, based on the standards of review in Section 26.480.060, Minor Subdivision. This application for Minor Subdivision - Lot Split has been prepared in conformance with the pre-application conference summary dated 8 August 2014. 26.480.060. Minor subdivisions. The following types of subdivision may be approved by the City Council, pursuant to the provisions of Section 26.480.030 - Procedures for Review, and the standards and limitations of each type of subdivision, described below: A. Lot Split. The subdivision of a lot for the purpose of creating one additional development parcel shall be approved, approved with conditions, or denied by the City Council, pursuant to Section 26.480.030 - Procedures for Review, according to the following standards: 1. The request complies with the requirements of Section 26.480.040, General Subdivision Review Standards. 26.480.040. General subdivision review standards. All subdivisions shall be required to conform to the following general standards and limitations in addition to the specific standards applicable to each type of subdivision: A. Guaranteed Access to a Public Way. All subdivided lots must have perpetual unobstructed legal vehicular access to a public way. A proposed subdivision shall not eliminate or obstruct legal vehicular access from a public way to an adjacent property. All streets in a Subdivision retained under private ownership shall be dedicated to public use to ensure adequate public and emergency access. Security/privacy gates across access points and driveways are prohibited. The proposed subdivision will provide a perpetual unobstructed legal vehicular access to a public way. B. Alignment with Original Townsite Plat. The proposed Iot lines shall approximate, to the extent practical, the platting of the Original Aspen Townsite, and additions thereto, as applicable to the subject land. Minor deviations from the original platting lines to accommodate significant features of the site may be approved. The proposed lot line will conform to the alignment of the original townsite platting to the extent practical. Lot B, as the more visible lot of the proposed subdivision, will front Highway 82 and generally conform to the alignment of the original townsite plat. Lot A will not have any direct frontage off of Highway 82 and due to site constraints will not align with the original townsite plat. C. Zoning Conformance. All new lots shall conform to the requirements of the zone district in which the property is situated, including variations and variances 928 W. Hallam Street PID: 273512300015 Page 2 30 September 2014 approved pursuant to this Title. A single lot shall not be located in more than one zone district unless unique circumstances dictate. A rezoning application may be considered concurrently with subdivision review. The new lots will conform to the requirements of the R-6 zone district. No amendments to the Official Zone District Map are proposed as part of this application. D. Existing Structures, Uses, and Non-Conformities. A subdivision shall not create or increase the non-conformity of a use, structure or parcel. A rezoning application or other mechanism to correct the non-conforming nature of a use, structure, or parcel may be considered concurrently. The subdivision will not create or increase any non-conformity of use, structure, or parcel that may be present on the Property. The existing use of the Property and the existing structure will remain until such time that the lot split plat is recorded with the Pitkin County Clerk and Recorder. 2. No more than two lots are created by the lot split. No more than one lot split shall occur on any fathering parcel. No more than two lots will be created as a part of this proposed Lot Split. No prior lot split has occurred on this fathering parcel. 3. The Lot Split Plat shall be reviewed and recorded in the office of the Pitkin County Clerk and Recorder, pursuant to Chapter 26.490 - Approval Documents. No subdivision agreement need be prepared or entered into between the applicant and the City unless the Community Development Director determines such an agreement is necessary. A Lot Split Plat, a draft of which has been included in this application, will be recorded within 180 days of final approval. A subdivision agreement should not be required, given the simple nature of.this proposal and the fact that no additional infrastructure will be required. 26.480.080. Subdivision application contents. An application for a subdivision shall include the following: A. The general application information required in common development review procedures set forth at Section 26.304.030. B. Written responses to the review criteria applicable to the request. C. A Draft Plat meeting the plat requirements of Chapter 26.490 - Approval Documents. This application provides all the information reauired as set forth in Sec. 26.304.030, including general application information, written responses to the applicable review criteria, and a draft plat which adheres to the requirements contained in Chapter 26.490. 26.575.020. Calculations and Measurements A. Purpose. This section sets forth methods for measuring floor area, height, setbacks, and other dimensional aspects of development and describes certain allowances, requirements and other prescriptions for a range of structural components, such as porches, balconies, garages, chimneys, mechanical equipment, projections into setbacks, etc. The definitions of the terms are set forth at Section 26.104.100 - Definitions. 928 W. Hal/am Street P/D: 273512300015 Page 3 30 September 2014 All calculations of floor area, height, setbacks, and other dimensional aspects of the proposed lot split, as applicable, will be performed in accordance with Sec. 26.575.020. C. Measuring Net Lot Area. A property's development rights are derived from Net Lot Area. This is a number that accounts for the presence of steep slopes, easements, areas under water, and similar features of a property. The presence of steep slopes over 30% slope, which impact the western portions of the site, as well as areas of easement, requires the reduction of net lot area, which provides the basis of the available floor area that can be developed on the lots. Steep slopes and areas of easements reduce the net lot area on Lot A to 7,612 SF and the net lot area on Lot B to 3,846 SF. The resulting maximum available floor area is therefore calculated for Lot A to be 3,466 SF for a single-family residence or 3,858 SF for a duplex. Available floor area for Lot B is 2,637 SF for a single family residence. E. Measuring Setbacks. 1. General. Required setbacks shall be unoccupied and unobstructed within an area extending horizontally from the parcel boundary to the setback line and vertically above and below grade, exeepting allowed projections as described below. Setbacks conforming to the R-6 zone district requirements and delineated according to applicable code will be meet. The front lot lines for both lots will be oriented towards Colorado Highway 82. 2. Determining Front, Rear, and Side Yards. The front yard setback shall be measured from the front lot line. The Front Lot Line shall be the parcel boundary closest to or dividing a lot from a Street or street right-of-way. All parcels have a front lot line. There shall not be more than one front lot line. The rear yard setback shall be measured from the rear lot line. The Rear Lot Line shall be the parcel boundary opposite the front lot line. All parcels have a rear lot line. A parcel shall have only one rear lot line. Side yard setbacks shall be measured from the side lot lines. Side lot lines shall be those parcel boundaries other than a front or rear lot line. All parcels will have at least one side lot line and may have multiple side lot lines. Setbacks conforming to the R-6 zone district requirements and delineated . according to applicable code will be meet. The front lot lines for both lots will be oriented towards Colorado Highway 82. 26.304.035. Neighborhood Outreach A. Purpose. In order to facilitate citizen participation early in the development review process, the City requires development applications to conduct neighborhood outreach. The purpose of the outreach is to inform neighbors and interested members of the public about the project. The applicant must show a concerted effort inform neighbors and the public about the application prior to the first public hearing. The Applicant will provide neighborhood outreach in conformance with the Sec. 26.304.035.Neighborhood Outreach. The neighborhood outreach will take the form of one or rnore of the approved methods of outreach, including, but not limited to an information meeting held in proximity to the Property, a detailed public notice mailing, and individual outreach to neighbors. A written summary of the 928 W. Hallam Street PID: 273512300015 Page 4 30 September 2014 neighborhood outreach will be provided and submitted to Staff for inclusion in the official record. 26.710.040 Medium-Density Residential (R-6). A. Purpose. The purpose of the Medium-Density Residential (R-6) Zone District is to provide areas for long- term residential purposes, short term vacation rentals, and customary accessory uses. Recreational and institutional uses customarily found in proximity to residential uses are included as conditional uses. Lands in the Medium-Density Residential (R-6) Zone District are generally limited to the original Aspen Townsite, contain relatively dense settlements of predominantly detached and duplex residences and are within walking distance of the center of the City. Lots A and B which will result from the lot split will conform to all applicable dimensional requirements of the R-6 zone district, including gross lot area, net lot area, lot width, setbacks, and site coverage. 928 W. Hallam Street PID: 273512300015 Page 5 30 September 2014 0077Â·20/%-4564 RECEIV: 1 ATTACHMENT 2 -LAND USE APPLICATION PROJECT: OCT 01 ?n Name: 928 W. Hallam Lot Split CITY OF ASPEN COMMUNITf DEVEIOPMENT-- Location: 928 W Hallam, Aspen, CO (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 273512300015 APPLICANT: Name: Gateway Aspen, LLC Address: 605 W. Main Street, Suite 2 Phone #: 970-930-1754 REPRESENTATIVE: Name: Stan Clauson Associates, Inc. Address: 412 N. Mill Street, Aspen, CO Phone #: 970-925-2323 TYPE OF APPLICATION: (please check all that apply): GMQS Exemption El Conceptual PUD U Temporary Use GMQS Allotment U Final PUD (& PUD Amendment) U Text/Map Amendment Special Review U Subdivision U Conceptual SPA ESA - 8040 Greenline, Stream U Subdivision Exemption (includes E Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane U Commercial Design Review Â® Lot Split Â£ Small Lodge Conversion,/ Expansion U Residential Design Variance O Lot Line Adjustment D Other: U Conditional Use EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, ete.) The Property is located within the R-6 (Medium-Density Residential) zone district of the City of Aspen and is located within 100' of Castle Creek. Currently, a duplex residential structure is located on the Prope f ly. PROPOSAL: (description ofproposed buildings, uses, modifications, etc.) When subdivided, the resulting two (2) fee simple lots, identified as Lots A and B, will consist of 10,150 SF for Lot A and 6,000 SF for Lot B. Have you attached the following? FEES DUE: $ 3,515 Â® Pre-Application Conference Summary Â® Attachment #1, Signed Fee Agreement Â® Response to Attachment #3, Dimensional Requirements Form Â® Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards U 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. 0000 'hECEIVED CE 1,(Â·1 2014 ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM CITY OF ASPEN COMMUNITY DEVELOPMENT Project: 928 W Hallam Lot Split Applicant: Gateway Aspen, LLC Location: 928 W Hallam Street, Aspen, CO Zone District: R-6 (Medium Density Residential) Lot Size: 16,150 SF Lot Area: 11,458 SF (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 ofLot Area in the Municipal Code.) Commercial net leasable: Existing. 0 Proposed: 0 Number of residential units: Existing: 2 Proposed: Number of bedrooms: Existing: Proposed: Proposed % of demolition (Historic properties only): Lot A: 3,466 SF (SF) DIMENSIONS: Lot A: 3,858 SF (Duplex Floor Area: Existing: Allowable: Proposed: Lot B: 2,637 SF Principal bldg. height: Existing: Allowable: Proposed: Access. bldg. height: Existing: Allowable: Proposed: On-Site parking: Existing: Required: Proposed: % Site coverage: Existing: Required: Proposed: % Open Space: Existing: Required: Proposed: Front Setback: Existing: Required: Proposed: Lot A: 10;, Lot B: 10' Rear Setback: Existing: Required: Proposed: Lot A: 10'or 5% Lot B: 10' or 5 Combined F/R: Existing: Required: Proposed: 20' or 15' Side Setback: Existing: Required: Proposed: Lot A: (w) 20', (e) 15' Side Setback: Existing: Required: Proposed. Lot B: (w) 5',(e) 10' Combined Sides: Existing. Required: ProposedÂ· Lot A: 35', Lot B: 15' Distance Between Existing Required: Proposed: Buildings Existing non-conformities or encroachments: none. Variations requested: none. Attachment 4 Vicinity Map Legend 1/ Greenline 8040 ,/ 100 Year Flood Zone ' NA\ 1 1 - 0 stream .argin - i City ofAspen >1001 1 1 1 /_ 182#L ~ 454 1 IL---4 . Addresses ~ Airport r X ~V' Major Roads 7-- ier /1- --/ ------- -Â£- â€ž/VS Eagle and Garfield CO Roads 9/51 / - Roads - " h'-CR-6 ~ Edge of Pavement Aspen 44*8. 1 4 U 1 - ~/ Edge of Pavement Pitkin ' li i ,Â·,/ Drives f R r~ic #~-s 21 Rivers & Streams 1--1 Subdivisions Aap,ft 111*10@IC Â¢ [13 Structures 1-1 condos CJ Lakes & Ponds 1 .1 E- 1 Pa reels ~ Overlays City of Aspen Zoning W HALUM ST-VKHALLAM. ST . CL .A . All C Cl - Il Ice .L MU Subject Property ~ NC not zoned OS .P . PUO R.'M F R.MFA R-15 R, 15A R-158 . R.3 R.,0 R.6 ~ RR I ScI ~ SKI WP 928 W. Hallm Street PID: 273512300015 30 September 2014 RECEIVED OCT 0 1 2014 ~ ~o COMMUNITY DEVELOPMENT DEPARTMENT Agreement to Pay Application Fees *j Z An agreement between the City of Aspen CCity") and -4 Property Phone No.: 970-930-1754 Owner ("ID: Crystal Palace Corporation Email: michael.brown@haymax.com Address of Billing Property: 928 W. Hallam Street Address: 605 W. Main Street, Suite 2 (subject of (send bills here) Aspen, CO 81611 application) I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $ flat fee for . $ flat fee for $ flat fee for $ flat fee for For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $ 3,250 deposit for 10 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325 per hour. $ 265 deposit for 1 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 Name: Michael H. Brown City Use: ~ Title: Fees Due: $ Received: $ January, 2013 City of Aspen I 130 S. Galena St. I (970) 920-5090 TE . Attachmâ‚¬ - LEGEND AND NOTES O SURVEY MONglENT AS DESCRIBED O UTILITY BOX A SURVEY CONTROL >---0 FENCE e MANHOLE HERNDON SUBDIVISION IS CONTIGUOUS WITH THE ALLEY FOR BLOCK 4 SISED ON THE COMMON TOWNSITE LINE 6-7 1--20 0 POWER POLE 0 20 40 ~ LIGHT POST U.S. SURVEY FOOT USED TITLE INFORMATION FURNISHED BY: STEWART TITLE - ASPEN ONE FOOT CONTOURS F:LE 40 ; 01330-43845 EFFECTIVE DATE: JULY 2. 2014 [ 1 FROM HERNDON SUBDI VISION SEE PLAT I I AT PAGE :4 Â£ 1 FROM TITLE COMMITMENT POSTED ADDRESS: Â·928- 4 -930 ~ TREE WITH CALIPER, D-DECIDUOUS, F-CONIFER. OL-DRIPLINE ~ CURB STOP THIS PROPERTY IS SITUATED i N ZONE -XÂ· (AREAS DETERMINED TO BE OUTSIDE 500-YEAR PARCEL 2 FLOOD PLAINI AS SHOWN ON FLOOD INSURANCE RATE MAP PREPARED BY F.E.M.A.. FOR SLOPE ANALYSIS PITKIN COUNTY COLORADO, COMMUNITY-PANEL NUMBER 08097(0204 C, EFFECTIVE HERNDON SUBDTHS,ON DATE: JUNE 4. 1987 THIS PROPERTY LIES ENTIRELY OUTSIDE oF THE CITY OF ASPEN MUDFLOW HAZARD M~R@SE,El=~NED BY THE CITY OF ASPEN MASTER DRAINAGE PLAN, PROJECT NUMBER 1963, 30 -40% SLOPE 1 ZONING: R-6 SETBACKS TO BE YERIFiED BY ARCHITECT PARCEL 1 SETBACKS: FRONT - 10Â· SIDES - 5 REAR - 10 - -25941 HERNDON SUBDIVISION 22 , 40% AND GREATER SLOPES UJW--------------ry'*6692â‚¬Mtss , 7 94. i.-\ i 0 - - 2 Cont 2376 OR 1 VEWAY EASEMENT AGREEMENT, RECEPTION 2 - /6.R 2-1 -- NO. 6 10646 1 1 AREA UNDER / CONSTRUCTION 7/14 2J94%LL AS S PLAT BOO 4 f 2 ' SLOpw:> -3-19%*:*:te - 04.. â€¢5 REBAR (PTILLEULML.-18162j5941- + /03 44.1 - -22~12- 44,r COA GPS MONUMENT R D.W. 20~8~901 4 N 89'3305-E 601.84Â· FIELD TIE , G No. 20 ELEV: 7906.41 l # 27., 190 9,84 - -1- - - -131'227 E PITIO - - --- .A__., COA GPS MONUMENT 12Â· GRAVEL CONC. - 941.94 DRIVEWAY 7 No. 9 1,12 -1 lilli 11 STORAGE 1 11 -. 1 / lilli HOUSE 80 8~DL FF-7904.31 - 91// 1 " 61 DECK - 1 1 '1, 1 1 1,11,1 - '- ' I d t' h''~Pitit' i 80 3 3-111 11 111% \\ â‚¬ 24 CERTIFICATION DECK CERTIFIED TO: CRYSTAL PALACE CORPORIT ION H.JYMAX CAPITAL, LLC TOP y th OF STEWART TITLE - ASPEN u ~~I&*mly,<STATES,~@ iug P:0:gudâ€¢,?ts,96&~DoQE~NF;~DF&#6:20'f&ED H M SLOP 0 W. X Ch, SHOWN, AND THAT THERE ARE NO DISCREPANCIES OF RECORD, BOUNDARY LINE CONFLICTS, 0+ LOT Bl ENCROACHMENTS ISEMENTS OR RIGHTS OF WAY IN RELD EVIDENCE OR KNOWN To ME 1 1/1/~i,111(lit ' 0 19 .2 :~i~'ON SHOWN. UNDERGROUND UTIL ITIES WITH NO ABOVEGROUNID APPURTENANCES, 6- ASPEN HISTORIC COTTAGES OF RECORD NOT SUPPLIED TO THE SURVEYOR ARE EXCEPTED. TH]5 SURVEY N 75'09 It W B'~E.U21~ 421 STAMPED WITH THE SEAL OF THE SIVEYOR BELOW. - 1212 'H"'l'10Â¥/01~~ P L.S. 25947 790 - 1... ..8. 6611.,9[-P- 1,Â·. .14'DL FV , 6-F 1/Â° 7Â·F STATUS OF OWNERSHIP S 75.09.1 1:1.4 9- 791 UNKNOWN, SEE PLAT BOOK EDGE-OF EXELE -CREEK TEDGE fS 75â€¢10~6'~5.09 . VICINITY MAP 48 AT PAGE 43 IN 75'ID'W 10.58) N 75*09Â·11-W 7.44- CALC. COLORADO HIG 795 IMPROVEMENT TOPOGRAPHIC SURVEY OF *K DESCRIBE6 AS POLLOW' CU SET RED PARCEL I: 25947 r---- IN 743'LeÂ·E 8.00') A TRACT OF LAND LOCATED IN THE SW 1 /4 r kLSO KNOWN AS LOT 9), SECTION 1 2. TOWNSHIP 7 9 CALC. 40 SOUTH RANGE 85 WEST OF THE ITH P.M., PITKIN COUNTY COLORADO, MORE FULLY 631?0-11Â£ AA'f S.t : r"fÂ· 8 2 p.... BEGINNING AT THE POINT OF THE INTERSECTION OF THE NORTHERLY RIGHT OF IAY LINE OF ~1~ 23+ WEST 167.44 FEET MORE OF LESS TO THE EASTERLY LINE OF AN EXISTING SERVICE ROAD: COLORADO STATE HIGHWAY NO. 82 AND THE WEST LIMIT LINE OF THE CITY oF ASPEN AS LOCITED BY THE 1959 OFFICIAL SURVEY OF SAID CITY: TMENCE NORTH 7 DEGREES 53' Il EAST ALONG SAID WEST INMIT LINE. 8 FEET TO A POINT ON THE NORTH LINE OF HALLAM STREET: THENCE NORTV 75 DEGREES tOÂ· WEST ALONG THE NORTH LINE OF HALLAM STREET, 10.58 FEET: THENCE NORTH 10 DEGREES 15Â· EAST 95.8 FEET: THENCE NORTH 87 DEGREES THENCE SOUTH I DEGREE WEST ALONG THE EASTERLY LINE OF SAID ROAD 70.03 FEET MORE OR LESS TO A POINT ON THE NORTHERLY RIGH OP /a LINE OF COLORADO STATE HIGHEAY 82 THENCE SOUTH 75 DEGREES 10' EAST ALONG SAID RIGHT OF WAY LINE 166.09 FEET. MORE OF LESS. TO THE POINT OF BEGINNING. PARCEL 2 PARCEL -C-, ACCORDING TO THE FIRST AMENDMENT TO THE HERNDON SUBDIVSION RECORDS[) FEBRUIRY 24, 1981 7 BOOK Il IT PAGE 14. 91 mance CITY OF ASPEN COUNTY OF PITKIN STATE OF COLORADO f P #att_ ee CONTAINING: 16,150 90 FT â€¢/-, O 370 ACRES â€¢/- PREPARED BY ASPEN SURVEY ENGINEERS, INC. 210 SOUTH GALENA STREET ASPEN, COLORADO 81611 PHONE/FAX [9701 925-3816 3&:A:0.?'.2'.,096;Â°bM::?Fm:in:.72*9;ti~,i F,J:'i:~:j~:FIJH~~E~F~==r~m J:eT- Wgrf JOB 1 o357C IASED 0011 ANY DEFEC~ IN â„¢IS PLAT BE CO!*'ENCED MOAE THAN TEEN CASTLE aâ€¢~eMP Â· Aâ€¢â€¢Â·er . ,/cyÂ·,OÂ® - â€¢*O 1,0;00â€¢0.Â»â€¢5â€žÂ¢u ctâ€žZ,iâ€¢--Di. +KRao,m Attachment 6 COMMUNITY DEVELOPMENT DEPARTMENT Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attorney representing the property owner. Name: Gateway Aspen, LLC Property Owner Er): Email Phone No.: Address of Property: (subject of application) I certify as follows: (pick one) X This property is not subject to a homeowners association or other form of private covenant. This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. Evidence of approval is attached. I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I understand that this document is a public document. 00%>/ /7 -4 /1 Owner signature: date: 9/1/14 Owner printed name: Michael H Brown or, Attorney signature: date: Attorney printed name: achment 7 GATEWAY ASPEN LOT SPLIT A TRACT OFIAND LOCATED IN THE SW1/4 (ALSO KNOWN AS LOT 9), SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH P.M., CITY OF ASPEN, PITKIN COUNTY, COLORADO fÂ»Â»1 *&97 2.-7 ---% - 1 1 401 \\ BASSâ‚¬ BEARINGS / S 75 00'00=E fit-Â»2 - - 94,19' - - - 1 h-- 40:%:<* zo-00 1 3 inch = 10 ft U.& SURVEYFOOTUSED 47 --- 1 VICiN]TYMAP ELEC & COMM EIS MENT SEE PLAT BOOK 11 SCALE: 1" = 200' AT PAGE 14 IN 71Â·04' - 1 .2 / 0 %11 -~-----_fi ALLRY BLOC~4-----__ \ 91' 1 41 . Pariat' -- DRIVEWAY EASEMENT--1 5 -- Q -- AGREEMENT \ - .u.W. 20.86' C ] F.R./mUU,DONSUBDIVE70/SeePL,t/11//2./.14 -11, 4 - - ~~ RECEPTION NO.610640 ~ C ) FROMmUC...... 1 I [(N 87'23'W) 48,76'] Ill / -1- - COA GPS MONUMENT \\(Ull jiff 1 1 f i c 1 C C C C m /// / l /H/; / 0-17 I 1- N 89Â·33'05Â»E 601.84' FIELD TIE NO. 20 ELEV: 7906.41 33.53' -- ---- -1-- \\29\\(i-((,f/jil)~IN ---- i / -- - ~84Â·30'37"E 111 9/ 1 1 See Note'l) 7/ / MONUMENT NO. 9 9/ - calpr--0 Lot A --- 4NIMP Lid?03 5,1 4 Existing House 10,150 eqftl - 1 STORAGE ~ (to be removed) / CERWPICATE OFDEDICAMONAND OWNERSHIP th"ha~ 4~ . \ i DECK KN/17' A . Per}pr R m' TNPmp Fmp.9/â€¢P;9 TH,1 T apâ„¢n r,m snr' r,wNRpâ€¢: IN li.. i . *HHOH, FF 7904.31' SIMPLE OF ALLTHAT REAL PROPERTY EmJATED IN Pm[IN COUNÂ·17, COI,ORADODESCRIBED AS FOLLOWS f PARCEL 1: - DEPARTMENT APPROVAL 1 / A TRACTOP IAND~CATED INnmell/4 (ALS/ KNOWN ASLOrm,SECnON 12.%WNSHIP 10 S/iml. RANGEBS 3,1j //i//l~~~~l~l~11 \1 1/1-11- a 10.00' E/,ement WES/O/ 778 6â„¢ P.~ .. Pn-K]l COUNTy ColORAIA MOUBFULLY DES~BgD AS POUOWS: Book 183, P,/ 86 BEGLNMING A.rTHB POIT OF THZ INIERSECTION OF THE NORIHERLY RiGHr OF WAY Lam OF COI,ORADO SIATS HIGHWAY NO. 82 AND nm WEST LnUT LINE OF'nE CITY OFASFEN AS 100:7ED BY 112 1959 OFFIOAL SURVEY OF S,Am CZTY; THENCE NORTH 7 DEGREM 53Â·16' 2,AST ALONG SAID WEST Lnm UNE, 8 FEEr TO A POOT ON 'IHE NORIH LINE OF HALL,Uf ITREET; â„¢ENCE NORTH 75 DEGREES 10' WBST ILONG'ME !fORTH LINE OF HALLAM 51'REET. 10.5I FEET; THENCE NORTH 10 DEOREES 1 5 2&51Â·95.8 yam:Â·rHENCE NORTH 87 DEORBES 23 WEST ASPEN/PrTKINCOMMUNrrY DEVELOPMENT , JUGIC'OFRILIZIFCOLORADOSLd,EHIGHWAY'82; ImICESOLICISDEGREES 10'EASTALONOSAID 167.44 FEET MORE OP LESS TOTHZ RASTERLY I.INE OF AN EXESTiNG SERVICE ROAD; THENCE SOUâ„¢ 1 DEGFEE WESr ALONG le RLY LINE OP SAID ROAD 70.03 FEET MORE oR LESS To A pon,TON THE NORnmRLY DECK RIGHT OF WAY LINE 166.09 FEET. MORE OP LESSJOTHZ POIrt OF BEGINNING. nESQUEWAVASPENLOTSPLITASREVIEWEDANDAPARDIEDBY,HE c~ PARCZL'C,ACMEDING,Â·Oâ„¢EmSTAIiINIMENTI7721922NDOT SONED S WNÂ® 111% W 2 3 Lot_B / r. PARCEL / o I,81 n, BoarIZATPAGE14 COMMUNITYDEVELOPMENTDIRECTOROFÂ·IMBC=YOF ASPENT}US COM1~Jlm'YDEVELOP,~Mr'IRECOR 0 ~ STATED'CO1.ORADO - f<09\,~ / 00- 44 I...0.- 2014. COUNTY OF Prr'Knt 6,000â€¢qfti ~ + 49 crrÂ·YOFABPEN 1 -: S CONTArmNO: 16,1SI SQ Fr ./-, 0.370 ACRES +/- USE 0/ PUHUC PO MEVa Al,D DO HEREBY DED1).1 THOSE PORTIONS OF SAID REAL PR OP/imr WHICH ARI ;A l W k CITY ENGINEERREVIEW / ~ ~-790< - COMMBâ€žONÂ©FREQUIRED/.FRO,â€ž1211â„¢:ANDDOHED~YD~ATZANDETAPARTPROMALLOF'IME â„¢maCmeYASPENIOISRUTWAIREMEWED BYâ„¢Zary ~ ~ 1~ . Ca / AND I UÂ¢r SAID OWNERS HAVE BY T HME FR ESENT ULID OUT, PWerT ED AND SUBDWIDED T HE SAXE INm 1Â£7rS AND BLOCK ASSHOWN HERRON AND DESIGNKIL THZ SAMEAS GAn&WAY ASPEN LOT SPUT, A SUBDIViS!ON IN 09\ 2 / 1 THE CnY OF ASPEN, Prâ„¢IN COU]m, COLORADO, AND DO IN/M ACCEPrâ„¢Z RESPONSmam FORTNE 2 PUBI/C ROADS ANDOTHER/JBIJC IMPROVEMENTS AND FLACES AS SHOWN ON nIE ACCOMPANYING PLATTO:rHZ / 1 CREAPEDA,924SEMZNISON,NEACCOkÂ£RANYINGPIAT,017Â£EFUELICPOREVERASK,SEMENIARILE 1'20.29 2014. . /- , MGHT 70.[NSAULAND 1Â£Â·LLNDW7,r NlDCESSARY STRUCm/RES TO nm ENnn'RESPON=BLEFOR PROWDING 7Â·HE ' Pinal)32 SHOWN HEREG, tmE&S OIHER'/TIES,~ESSLY PROVIEDâ„¢EREON: AimbllmREBY GRA,VI718 SERVICES FOR WHICH Im EASEMENTS ARE ESID. Cmr ZNGINEER , F MED THLS 1/np A.8 2014 BY: srli oves=;Roc ; 77TLE CER1'IFICATE - / t//44- THE UNDERSIGNED, A DULY-AUTHOREZED REPRESENTA)VE OF COUNTyoppmON j . WECHm REGimEmeD 10 DO BU=INESS THE FOREGOING CE12rIFICAIZO,DINCATION AND OWNERSIOWAS ACKNOWLEDCIED BEFORE ME TIES _DAY S 75'09'11 - _ _Ec~_pf 23;tiz-fre*_~rier- rs 75Â·11144/,1711Â«J/////4-Ax Seei]~Boa48,P~43 MY COMMISmoN ExpmES.- IN F!â„¢IN COUNTY, COIORADODOES HEREBY CERI,FY THATTHE OWNERS OF IZE PROPERrY HOLD.FEE SJMPLE YmÂ£ 70â„¢E OF . An, 2014, BÂ¥ PROPERTY. â„¢E LANDIS FREE AND CLEAR OF AU URINE. TAXES AND ..tuo .O*n./.'Ip Unk-m ENCUMBRANCES, EXCEPT AS SHOWN HEREON. (N 75Â·10'W 10.58) ImVESS MY HAID AND OFFZCLU SEA[. (SZA14 DAâ„¢DTHIS_____DAYOF A "2014. ---m-- /Â«79/12 -1 BY: N 75*09'11"W 7.44' CALC. NOTARY PUBLIC It. - NOTES 920 - .0217Â«44 ASPEN CITY COUNCIL APPROVAL 1.J THE PURPOSE OF THISPIArm 70 E.STABUSHA MSM=OF 16,150 SQ. Fr. PARCEL WEST (N 7'53'16"E 8.00') RECORDER S AND CLERK CERTIFICATE WTO A 6,000 SQ. /. LOT AND A 10.150 Se /.lOT. P.01 7.19' CALC. , 2014, m PLAT BOOK .ON IHIS GIEWAY ASEN LOT SPUr WAS APPROVED BY Â·Im Cm: OF ASPEN CrrY COUNCILON IHIS MY 2.) ALL INFORMATION FOR Im SURVEY I BASED ON'nna COMMnÂ·MENT MLE NO. THI GA,EWAY ASPEN LOT SPLrIE ACCEPTED FOR MInqG IN HI OFFICE OFIHE CLERK ANDRECORDER OF ~~~ 09812All~S-JIOF 0/ . 2014.BlaRDINANCENO.-IERIES'F Ill_, RECORDED-INTHE 01330Â·438450Â¥S;EWARrlmeoutRAN!rCOMPANy,W,HANEFFECm'EDATEOF 6(~R.O.W, STREET .04 OFF!CE CF THE CZERK AND RECCRDER OF PrTKIN COUNTY B BOOK ____AT PM}E AS RECEMION JULY 2, 2014.AND ANIMPROvEMENTMPOGRAPHIC SURVEY BY ASPEN SURVEY ~ Na ENGU/EERS, INC, DATED 7/2014, JOB NO. 10357( t.. SURVEYOR'S CERTIFICATE 3.) NOFIELD SURVEY WAS DONE BY THIS SURVEY ORPEM. ALL IMPROVUENTS AND I ST/27'12 BfACÂ£4Â£0, DO HERIBY CERnFY NIATIAMA PROPESSIONAL LAND SURIEER LrCENSED CLER/.AND RECORDER TOPOGRAPHyARE BASED QN SAI SURVEY BrASPEN SURVEY ENOINEERS. UNIZRZrHE LAWS OF THE STATE OF COLORADO, AND'rHATTHIS PLAT S A â„¢,2, CORRECTED AND M,YOR COMPLEI*MATIQBOATEWAY ASPEN LOT Sm AS LUD OUT, EAHED, DEDKCAT ED AND EHOWN HERBON, 4 ) APPROXIMAE I.OCA~N OF AC CESS EASEMENr ACCESS LOT B FOR BENEPYr OF 1Â·HAT SUCH PLATWAS MADEFROMAN ACC~ATE mEVEÂ¥ 0, SAIDPROPERTIBY MLOR t;IDEREY ,1 PROJ. 14089 SUPERVISION, AND CORRECZLY SHOWS Im I.OCATiONAND DIMENSIONS OF â„¢BLOr S, EASEMENTS AND DATE: 9/27/14 1]Am LOTA . SURI/, REV: 'sr: STRZETS OF SAID FLAr. 5.1 CONTOUR ...VAL I INE FOOr. DWG BY SRB $40/ Cb X~GATEWAYASPENLOT SPLIT REV: 6.) â„¢IS PROPERT~m m,UAPI IN ZONE 7- {AREAS DETERMINED TO BE OUmDE 500-YEAR FLOOD PLAIN] AS SHOWN O. 9LOOD INSURANCE RAm MAPPREPARED BY 8.WA, FOR /ZEKIN COUNTY COU:}RADO, Cr nY-PANE L NUMBZR 08097C0201 q 2,PECTrVE DATZ, ~424,1987 121152& a~ 7,392LT A TRACT OF LAND LOCATED INTHE SWZ/4 (ALSO KNOWNAS LOT 9), ~ SCOrrR. BLACKARDFla 38342 Noric/ ACCORWNG TO COLORADO ~~ YOU MuST Co~ENCE 7.1 IES PROPERTYLIES ENâ„¢ELY OUTSIDE OFT HE Crr f 0; ASPEN MU DFLOWN IZARD PRCFESaONAL LAND SURVEYDR SEC'lION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OFTHE 6'rHPM., 9% P - A~ LEGAL ACTION BASED M A~ DEFECT IN THIS SURY- AREA AS DEFINED EnY ImaTY OP ASPEN MASER DRAmAGE MAN, PRaJECT NUMBER 370-62523711 .TH~N THREE YEARS AIER YOU .fl DISCOVERED .Cl 196% IGURERS-15 /Dy CITY OFASPEN,PnKINCOUNTY,COLORADO 1 DE.Ea. IN NO .'fhT, MAY 'N ACT;ON BASED Um/ANr DE,~r . â„¢fs sunyfr BE cowwENcED MoRE rEAN TEN YEAE ADDRESS: 928 HALLAM SIREEr I l FRON ./2.) ..... cE............Â£0. R PLAN 01 00000.W Attachment 8 r/I h naQ Orb 6 f (n A-. 41 Nph 1 <4)(20>al t.co, 4/1 p you wiri[ infortnntloh aboill coverage or nced asista!,Co Co resolve complaints, ploose cal! our 10[1 frec number. 1-800Â·729-1902. If you make a claim unde, your polioy, you rriual furniah wliten rlotlce in accordance with Secljon 5 of the Condillons. Vi'ty)1 uur World-Wkle Web sli e at t)1121822,.stev,tyi[L~EDâ€¢ ALTA Owners Porcy (6/17/06) PROFORMA OWNER'S POLICY OF TITLE INSURANCE ISSUED BY ' STEWART TITLE GUARANTY COMPANY ' Any notice of clairn and any other notice or atatement in writing reÂ·quired to be given the Com'pany under th[s Policy must be given to the Company at the address shown in Section 18 of the ConditionÂ·s. COVERED RJSKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS, SÂ·TEWART TITLE GUARANTY COMPANY, a Texas corporatlon, (the 'Comparty') hisures, as of Date {>T Policy and, to ths: extent stated In Covered Risks 9 and 10, alter Date of Policy, agabist .oss or jamage, not exceeding the Amount 01 Inwrance, sustained or Incurred by Ihe Insured by reason of: 1. Title being vested otherthan as slaied In Schedule A, 2. Ahydefeci lit orll,en or encumblance on the Tlle. This Covered Rjsk includes but is not limited to ir,surative tigal:-Ist luss from (a) Adefectinthe T?tle caused by (1) forgery, fraud, undue influence, duresÂ»,Incompeteticy, incapacity, orimpersonatlon: 01) failure of any perion or Enuly to have authorized a transfer or conveyanoe; (ii) a documentÂ·affacting Title not propelly created, executed, witnessed, seajed, acknowledged, notedxed, or delivered', Ov) fallure to perform those acts necessary to create a document by electronic means authoNzed by law; M a document executed under a falslied, expired, or otherwise Invalld power of attomey; (vi) a document not properly fled. recorded, or indexed In Ilie Public Record.s including fallum to perform those acts by electrunlc means authorized by law; or Mi) a defective judicial 'or administrative procae.dIng, ! (b) 11* lien of real estate taxes or assessmunts imposed on tho Tille by a governmental authoMly due or payable, but unpald, (c) Any encrouchment, encumbrance, violation, vanation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachinent" InÂ¢Wdes encroachments of existlng improvenlents located on the Land onto adjoining land, and enorvactiments onto the Land of existing Improvements located on adJoining land, 3. Unmarketable-litle, 4. No right Qf access to and from the Land. 5 The vlolation or enforÂ·gornent of any law, ordinance., permit, r?r governmental mgulation (Indudlng those relating b building and zoning) resticting, regulating, prohibiting, or relaling to (a) the occupancy, use, or enjoyment of the Land; ib) the characler, dimendons, or location of any improvememt erecled on the Land, (C) the subdlvislon of land;,or Cd) environmental protection if ts ngtlce, describing arly part o f th'e Land, is recorded In the Public Records selting Torth the violation or Intention to enforce, but only to the extent ofthe violation or enforcement reforred to In thm notice. 6.. An enforcement action based on the exercise ot a govertimental police power not covered by Covered Risk 5 if i nollce of the i enforcement action, descrlbing any part of the land, Is recorded in the Public Records, but orly to 112 extenl of the enforcement referred : to In that nol'rce. 7. The exerc150 of the fights of eÂ®nent domain 11 a notice of the exerdss, describhg any part of the Land, 15 recorded in tile Public Records. B. An'y taldng .by a governinental body tliat has co=red and ia binding ofithe rtghts 01 a purchaser for value without Knuwledge, Counteisigned by: 1991./*. title guaranty company /'7097 997 Aer stewart %.'1;.- . . k Matt Morris Autholized Countersignature , 0:.Â·Â·,Â·n.Â· 1. JAINT.I . President aÂ·na CEO Stewart Title 27*:-29* 87 Main Street, Suite V\0201 Aer --'*- ' i r. 16 Edwal:ds, CC 81632 # :9 * J - b 1.,1-0.0'6. *P* fhÂ»Â«Â».fi Agent 1 0: .4&41 4.tpx. -1 :'81%2,Â·h Denise qjtfraux Secretary Thiris a Pro Fornic Pollch which provideiÂ·rto Insviance coverage, fumated lo ir on beliall of Via propcaed insured. Chia p,Â·0 to,mi dnes not rene,1 the preiont Stat.15 or condkfull of tme ond 15 not 14 gommitment to Ilimure the es'.ate or frlere st or to provide any affllmative coveraige shown horeln, Any commitmen.1 musl be an expressly Written Undertatidng issued ort the appropliate Turms of the Coh,pary. This Pro Forma Pollcy solely Inc[Icates the form and contenl of Ine Palty which the Company may Issue If all Â·imccugary dowmenla m e rumighed, all acts @re pe]Tot'Tried, and ell requirements Get forth in the title Commltment Col,/bring this properly <orthat may be required by w,derÂ·wrifing) Are me! to Ths sat<6raction of the Cor,lpany. Copyright 2006-2009 Amerjeon Lun g .Fltte Al;5Octatio )3, AÂ» rights ree;erved. ......... The use of INs Form 13 resulclad Ic Al.IA Nocr,=1 end At.fAn'rambe:o in good a[Ending 84 c! tho date chuio, AMERICAN All othw usis iri prohibiled. Repimed unt:er Hum,Â» from Iho Amencan Land ~11115 Awdsion 0973' -'iTA; .iÂ·Dl>CIA 104 File ND. 01330-43845 Â¥Â¥47., Page 1 of Polcy Ser'ial No.: PROFORMA -=n.â‚¬=t.â€ž. COVERED RISKS {Continued) 9, ntle baing Vested other then as atated in Schedule A or being defecllve 0 to be time!>N or (a) ag o result of the avoidance in whole or in part, or from a court CD to ImpaR nQUce of Us existence to a pur:haser forvalue or Lo order proeding an altematiVe remedy, of a transfer of all or any a Judgment orlien cred[tor, part of the title lo or any interest in the Land occurring prior to the 10. Any defect in or lien or encumbratico on thi 11tlo or other matter (ransantlon vesting 11(le as shown In Schedule A because thot Included M Covered Risks 1 1hrough 9 thal has been created or pilor ttansfer oonstituled a fraudulent or prefeTentlal tiansfer attached or has been med m rticwded In the Public Records under federal bankruptoy, state Inso]Â¥uncy, w similar creditors' subsequent to Date 01 Policy and prlor to tile recording of the died 01 righb lawi; or other instrumenl of transter jr'I (he Publt Recorda that vestâ€¢ Title as (b) bacausa tha Instrument er tansfer Vesting Title as shown in shown In Schedulo A. Schedule A constitutes a preferential trwnsrer under fedmal The Company wlll also pay the costs, attorneys' rees, and expenses bank[Uptcy, slate inGoivuncy, or similar creditors' rights laws by Incurred In defense of any matter Insured against by this Policy, but only reason of the failure of h record;ng In the Public Records to the extent provided in the Conditions. EXCLUSIONS FROM COVERAGE : The Mowing matters are expreasly excluded from the cvverage or this (b) not Known to the Company. riot recorded h the Public Records poney, and the Company will nol pay loss or damage, costs, al(ornof' al Dele of Policy, but Known to the Insured Claimant and not fee@, or expenses thal anse by reazon of: disclosed In writing to the Compwny by the Insured Claimant 1. (1) Any law, ordipanci, permit, or govenunental regulation (including prior to the date the Insured Claimant DecaBle an Insured under those retatjng to bulldlag and zoning) restricting, regulating, thiâ€¢ pollq prohibiting, or relating 10 (c) resulting In no loss or damage to the Insured Claimant; 0 the occupancy, Use, or enjoyment ct Ihe Land; (d) attaching or created aubsequant to Date Qf Pojiuy (bowever, this gi) the character, dimensons, or location of any Improvement does not modily or limit lhe coverage provided under Covered created ort tho Land: Risk 9 ard 10): or (iii) the subdivlsion or land; or (e) resulting in lo36 or dwr)age thai would not have been sustalned H TIV) envlrolimental protect':on; the Insured Claimant had paid value forlhe Title, or the effect M any Viotallon of those laws, ordlnances, or governmuntal 4. Any Â©laim, by reason 01 the operation of rederat barikrupty, state i regulations. This Exclusjon 1(0) does nol modify or limit the coverage Inaolvency. or similar creditors' righls law&, that the transadon provided under Covered Risk 5, vesting the Title as shown in Scheduls A 15 (b) Any govemmental police power. This Exclusion 1 (b) does not (a) a fraudulent conveyanw or frpudulent transfer; or modil> or Hmit thu coverag e provi ded under Covered Risk 6. (b) a proforer.lial transfer fer any reason not stated In Cove,ed Riak 2. Rights of eminent domain, This Exoluslon does not modiy or Ilrnil 9 of th15 policy. the coverage provided under Covered RTsk 7 or 8. 5. Any lien on the litle for real estate taxes or asseasrnents Imposed by 3. Def[Dots, liens, encumbrances, adverse clatimâ€ž or other matters governmenla) aulhorlty and created or attaching between Date: of (8) created, suffered, a*sumed, or agreed to by the Inwred Policy :nd the dale of recordlng of the deed or other Instrument of Claimant; transfer In the Public Reconja that vests Title a, shown in Schedule A. CONDITIONS 1. DEFINITION of TERNS Insured named in Schedule A fof estate planning Tile lollowing terms When used in this policy mean; purpoees, (a) 'Amount of Msurance': The amount stated In Schedule A, ag (Ii) with regard to (Ah (13), (C), and (D) reserving, however. all may be increased or dece-dbvd by endorsement to thls policy, flghts and defenses as to any succe:;sor thet Ihe Coinpany Increased by Section 8(b), or decreased by Sections 10 and 11 would have had against any predegosaor Insured. of these Conditions. (e> "Insured Claimane An Inaured claiming loss or damage. (b) 'Date of Policy", The date designated as 'Date of Policy" 1n (t) "Knowledge' or "Known': Actual knowledge, not constructive ScheduleA knowledge or notice that may be imputed to an Insured by (c) 'Entlly': A corporation, partnership, tru51, hited #abllly reuson of the Public Records or any Dther leoords thal imparl company, or other similar legal entity, constructive notioe of matters affeding the Title, (d) 'Insured". The Insured named in Schedula A. (g) "Land": 1-he land described in Schedule A, and a<xed 0) the tenn "Inwred' also Includes improvements that by law consutule ree! pmperty. The term (A) successors to the Title pr the Insured by operation of law "Land' dc- not Include any property beyond the line& of the as *tinguished from purchase, including heirs, area described in Schedule A, nor any right, title, interest, eslate, devlsees, survlvors, personal representatives, or next 01 or oasement Ill â€žbult[ME skeets, roads. avenuea, aileys. lanes, kin; ways, or waterways, but this does not modify or Ilmil the extenl (B) successors to an Insured by dissolution, merger, that a Aght of access to and from the Land is Insured by this consolidation, distribution, or roorganizatlon~ PO licy. (C) successors to an Inwred by It3 converaion to another (h) Â»ModÂ·Wagen: Mongage, deed of 1rust, tust deed. or other kind of Entity; secutity Inslrument. includjng Dne evdenced by electmnic p) a grantee of an insured under a deed delivered without means auttiorized by law. payment of actual Valuable considcration oonveyIng the (1) 'Public Records": Recorda estab)]shed under state slatutes ar Title Date of Policy for the purpose of imparling construct|Ve notice Qf (1) Lf :he stock, shares, memberships, or Diher equity matters relaring to real propary to purchaserS for value and Interests of the grantee are wholly-owned by the without Knowledge. With re&ped to Covered Risk 60), "Public ANT,5d Insured Recoroy shall ako include environmental protection Mena 11]ed in f (23 Ifthe grantee wholly owns the named Inaurad. the recolds of the cieik of the Untted States D,slr}ct Court forthe ~Â· (3) if Ihe grantee is wholly-owned by m affillated Entity dijtrot where the Land is jocaled. t of the named Insuled, provided the ambted Entity (1) 1Ttleâ€¢: The estate or Inlereit described ki Schedule A f and the named Insured ara both whally.owned by (10 "Unmarketable 'THIet TIMe affected by an alleged or apparint 1 the same person or Entity, or mattor that would permit a prospective purchaser oi lesiee Dt the ' 01) If the grantee b a trustee or banondary of a trust Tdle or lender on the Tltle to be released from the o blgalion to : created by a written Instrument established by the purchase, lease, or lend W there js a contractual condition requiring the delivery M marketable title. Copyright 2006-2009 Americ@?1 Land 11[Je Association. All rbhts reserved. - 1 The Use of tht: Fom, 12 rest,le[ed 19 ALT-A licensees ind ACCAmainbers In twd .1.Acho at Â©f Ibe date of usâ€ž, d521&6# All otherusas 4re protÂ®itecl Fieprintolt Undâ€¢rlk:erâ€žâ€¢ trom thâ€¢ Arnarican 1-â€¢n# 11112 ASOCâ€¢6011 JANDYIT.IF 1 1,38':141)<h. 4 File No. 01330-43845 Page 2 ofÂ·Policy Serial No.: PROFORMA 4WRI CONDITIONS (Continued) 2. CON-nNUAVION OF INSURANCE Company all reasonable akl (i) h seul.Â·flhg evidence, obtaining The coverage of this paticy shall continue In force as of Data of wi#leises, prosecuting or defending the action or proceeding, or policy in favor or an Insured, but only so long a G the Insured retalna effacting settlement, and (M) In any other lawful act that in the an estate or interest In the Land, or holds an obligation secured by a opittion 4 the Company may be necessary or degirablo to purchase money Mortgage given by a purchassr from the liloured, or establish the Title o: any ofher matter as insured. Lf the only so long as the Insured shall have liabilly by reason of wananues Company Is plejudiced by the failure of the Insured lo furnish the tn any traritr Qi conveyance of the Title. This policy shall not requked cooperation, the Company's obligations to the Insured contil wein force in favor of any pu rchaser from the Insured of either under the policy shall terminate, Including any liability or 0 an eslole or interest In the Land, or (ii) an obligation secured by a obligation to defend, prDSicute, or conlblue any litigation, with purchase money Mortgage given to lhe Insured. regard to the matter or matters requiring such cooperauon. (b) The Company may reasonably require tne Insured Claimant to 3, NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT submit to examlnation under oath by any authorized The Inaured shall notify the Company promptly In writing (il in case 01 representallve of the Company and to produce for examination, any litigation as sel rorth In Seclion 5(a) or Ihese Condleohs, 09 1,1 Inspection, and copying, at such reasonable times abel placc5 83 case Knowledge ahall oorna to an Insured hereunder of any clairn Â¤1 may be designated by tile authorized represeritatlve of the title w Interest that k adverse to thu Title, as insured, and that Might Company, alt records, In whatever modium maintained, including cause loss or damage for which the Company may be liable by virllie books, ledgers, checks, memoranda, Correapondence, reports, of this policy, or (111) H the Title, 08 insured, 15 rejected as e-mails, dlaks, tape5, and videos whether bearing a date before U nmarketable Titte. I f the Company is prejudlced by the failure of the or after Date of Polcy, tht:t Fenaonably pertain to the loss or Inwred Clgimant to provide prompt notice, the Company'a [labl]Ely to damage, Further, if requested by any euthorked representallve the Insured clalrnant under the policy shall ba reduced to the extent of the Company, the Insured Claimant shall grant its perrnbsion, of the prejudice. in writing, for any authjnzed representative of the Company to exam}ne, Inspect, find copy all orthese records In the cuslody or 4. PROOF OF LOSS control or a third party thal raasonaby petÂ·Wlin to the loss or In the event the Company ts unable to detormine the amount of IQSS damage. All informulion deslgngted as cohndential by the or damage, the Company may, at Its option, require as a condilion 01 Insured Claimant provided to the Company pursuant to th?s payment that the Insured Claimant fvrnish a stned proof of Section stÂ·all col be dÂ®losed to others unTess, In 1110 reasonable loss. The proof of loss mtmt descrjbe the defed, Derl, encombrance, judgmenl or the Company, il m nocessary In the administration of or other matte.1 Insured egalnat by thla pc>flcy thal constitutes the the claim. Failure of Ole insured Claimant to submit for bas!5 of loss or damage and shall state, to the extent possible, the examInallon under oath, produce any TeaserÂ·,ably requested basis of calculating the amount of the 1036 of damage. Information, ur grapt permls;ion to secure reasonably necessary Informullon from third partles as required in Â£415 subsection, 5. DEFENSEAND PROSECUTION OFACTIONS unlesj piohibited by law or governmental regulation, shall (20 Upo, mitten roquest by the [nowrud, and subjeot te the opt[ons lerminale any lability ofthe Compul,y under this policy as lo that con*Ined in Section 7 of these Conditions, the Cornparty, af h claim. own 0051 and without unreasonable de~ay, shall provide for the defense W an Insured in litigation In which any thlrd patty @sBeMs 1. OPTIONS TO PAY OR OTHERWISE SETTLE cLAINIS; a de [rn covered by this policy advarde to the Insured. This TERMINATION OF LIABILITY obligation 15 limite d to only those Blated aBuses of action aneging in case of a claim under thM policy, the Company shill have the matters Insured against by this policy. The Company shall have toi|DWing additional opt;ons: the righl lo select counsel of Its choiÂ©e (SubJect to the right of Ihe (a) To Pay or Tender Payment or the Amount of Irlsuance, Tb pay Insured to object for reasonable cuuse) lo represent the Insured or lender payment of the Ameunt 01 ?nsurance urder this polioy A to those stated causes of action. It shull not be liable fo, and together with any oosts, allorneys' fees, and expenses Incurred will not pay the feea of any Dther counsel The Company will :101 by the Insured Claimant that were authorized by the Company pay any fees, costs, or expenses Incurred by the Insured in the up to the time of payment or tender of paynterl and thwt the defense of those causes of action that allege matters nol insured against by this policy. Company in obigated to pay. Upon the exercise by the Company of 14]s option, al} Ilabi~ty and obligations of the (b) 'rhe Company .hall have the light, In addition to the optlons Company to the Insured under this pollcy, other than to make the contained In Section 7 of these Conditlon5, at Ms own cost to payment required in thts subaectton, shall terminale, Inckidlng Instilub and pfusecule any action DIr proceeding or to do any any Ilabjllty or obligation to defend. pfuaecule, or continue any other act ihal in Its ophion may be necessary or des?rable to litigation establlah the Title, as Insured, or to prevent or reduce loss or (b) To Pay or Dtherwlie Settle With Parties Other Than the lnsored damage to the Insured. The Company may lake any appropriate or With the Insured Claimant action under lhe terms or thts pok whether of not It shall ba 0 to pay or otharwise settle with other Fitteg for or in the Nable to the Insured, 'rhe exercise of these righl5 :hall not be an name of an Insured Claimant arly clatirt 1,18urad against admTssion of liabillty or wa;ver of any pmvision of this polfey, If under this policy, jo addition, the Company WIN pay any thri Company exercises ils rights Under this sub5action, It must costs, attorneyb' fees, and expenses incurred by the Insured do so dmgently, Claimant that were aulhorized by the Company up to the (c) Whenever the Company brings an action or asserts a defense as time DT payment and that the Company is obligated to pay: requked or permitted by this poljoy, tlÂ·w Company may pumue or the litigation to a flnal determination by a court of competent (11) to pay or otherwis@ settle with the Insured Clmimant the 1066 jurisdiction, and It expressly reserves the right, in its sole or damage proviaed tor under tht, policy, together with my discrullon, to appeal any adverse Judgment or order, costs, alloniey5' fees, and expensqs Incuned by the insured Claimant that were authorized by 1115 Company up to the 6. DUTY OF INSURED CLAIMANT TO COOPERATE time of payment and that the Company Is ebllgafed to pay, (a) 111 all caza whete this poiloy pvii.,its w Jeqwiref the Compa ny to Upon the exercise by the Company of either 01 the options prosecute or providu for the derense of any action or proceeding provided for in subsectiona (b)(i) or (il), the Company'5 and any uppeals, Ule ]Asured shall secure la the Cofrlparly the obllgatlor,8 lo the Insured under this policy forthe dairred Icss or right to 50 prosecute or provide defense In the acron or damago, other Ihan the payments requbid to bs made, shal! proceeding, including the right to use, at Ils opilcn, the name of terminute, including wly liability or obligation to defend, the Insured for this purpose. Whonaver regJested by the prosecute, or continue any nligalion, Compa ny, the 11*ured, attbe Cornpany'a expense, s hall give the Copyright 2000-2009 Ame,Ican Land Title Assoctatlon. All rights r.served, - Th. Ilue or this Fenn Is restricted lo ALYA licaoxeâ€¢s and ALTA in=,beli in good s[â€¢Indhe 9 0 Dle dote of ~e. ,%31CE. An ter uses are prohiblted, Râ€¢ptinted under I]censâ€¢ from th, Amefican Land 51(le, Asmodullo~. i.Â» n.j F Â·UNKI'lloN FIle No. 01330Â·Â·13345 Page 3 of Policy Serial No.: PROFORMA p .0 .ell : 0 CONDITIONS (Continued) 8. DETERMINATION AND EXTENT OF LIABILITY If a payment on account of a claim does nol fully cover the This policy Â£9 1 contract oi indemnity igainst actual monetany loss or 1Qss of the Insured Claimant, the Company shall defer the damage sustained or bicurred by the Insured Claimant who has exercise of its right to recover unlil after ihe Insured Claimant stÂ»md 10:3 or datriag e by reason o f matters insured against by Itis shall have recovered ?ts IOS!;. polcy. (b) Tile Company's Aght of subrogation includes the rights ot the ~ (a> The extent of liability or the Company lor loss or damage under Insured tolndemnilles, guaranties, other policies of insurance, or ~ this policy shall not exceed the lesser of bonds, notwithstanding any terms or GendRIgns contalned In 0) thu Amount of }osur'ance, Dr those instrumenls that address subrogation rights. M 1he dmerence belween the value of the 71(le as Irlsured and #12 value of the Tltle subject to the Fisk insured against by 1 4. AR81TRA-nON Either the Company or Ihe }nswred may demand that the Nalm or itis poncy. (b) if the Company pursues its Aghts under Sect]On 5 of these controversy shal be submitted to arbltraljoil pl.,f4uant to the Tioe condmons and Is unsuccesslul In establishing the litle, aa Insuranco Arbitration Rules of the American Land Title Associallon inmHed, (Â·Rulea'). Except 28 provided In the Rulee, there shall be no Joinder 0) the Amount or Insurance shali be increased by 10%, and or consondation w!(h clatins or controversles of other pulse>ns. (ID the Ingured Claimant shall have the right b Wave the loss w Arbitrable matters may Ir,clude, but are not limited to, any damage determined either as of 110 date the cl-im waa contmversy or claim belween the Company and the Insured arlaIng made by the Insured Claimant or as of the date it k settled out of or retating to this polky, any ser'vIce in connection with 1(5 ancl paid, issuance w the breach of a polky provision, or to any other (c) In addition to the extent of Itability under (a) and (b), the controversy or claim art%Ing out of the transadlon giving rise to this Company will also pay thoae cosls, attorr,oya' fees. and policy. All arbltraole matters when the Amount of InsUrance As expenses incurred In accordance With Sections 5 and 7 ofthese $2,000,000 Dr lass Jhal] be atbitrated at the option of either the Conditior,3. Insurance is in e?(cess of $2,000.000 shall be arbitrated only when Company or the Insured. All albltrable matters when the Amount of 9. LIMITATION OF LJABILITY agreed to by both the Company and the Insured. Arbltravorl (a) If the Company emt@blizghes the Title, or remuves tho alleged pursuant to thls po!* and under the Rules Bholl bc binding upon the delect Uen, or encumbrance, or cures the lack of a light of parlles. Judgment upon the award rendered by thu Arbitralot-(5) may access to or from the Land, or cur'8% the claim of Unmarketable be entered in any court of competent jurisdiction Title, at! aa Insuied, in a reasonably diligent manner by any method, including litigation and the completion ot any appeals, It 15. LIABIL.ITY LIMNED TO THE POLICY; POLICY ENTRE shall have fully performed its obligations With respect te thol CONTRACT matter and shall not be liable for any loss or damage caused lo (a) This policy together with all endorsements, if any, attached to il the tnsured. by the Company Is tho entire policy end comract between the (b> In the event of any litigation, including litigation by the Company Insured and the Company. in Inlerpretihg any provision or thls or with the Company's conjent, the Company shall have no policy, this policy shall be consbued as a whole. liability for loss or damage until Olere has been a flhal (b) Any clelm of loss or damage thal iirises out of the status of the detormlnativn by a court of competent Jurisdidion, ond Title or by any action asserting such dalm shall be restricted to ugs policy. disposition of ail appeals, adveree to ihe T]te. as Insured. (c) The Company shall not be liable for loss or damage to (he (c> Any amendmem of w endorsement lo this policy mual be In Insured for liability voluntarily as.unÂ·,cd by the Inaured In settling wr}Ung and authentlgated by an authorized person, or expressly any claim or surt without the prior wmtort consent of the Incorporated by Schedule A of this policy, (d) Each endors ement to th!< policy listitied at any time Bs made R Company, ppit of th#s pollcy end la out>Jecl 10 811 01 its tgrins and 10. REDUCTION OF INSURANCEF REDUCTION OR TERMINATION prov]5ionG, Except as the u:idul.ement expressly Stales, It does OF LIAB}LITY not (i} modify any of the terms and provibions of the policy, (ID All payments under this pollcy, exoept payments made for 0051:, modiry any prior endorsefnent, (lii) extend the Date of Policy. or attomeyB' fees, and experlaws. 51=11 reduce the Amount of Insurance (Iv) *,creose tr~e Amount of Insurance, by the amount W the payment. 16. SEVERABIL]TY 11. LIABILITY NONCUMULATIVE In the event any provision 01 11118 policy, in whole or in parl, Is held The Amount or Insurance shall be reduced by any amounl the invalid or unenfokeable under applicable law, the policy shall be Company pays under any policy insuring a Mortguge tg which deemed not to Include thal provislon or such part held to be iii valld, exception Is taken In Schedule B or to which the Insured has agreed, but d other provisiols shal remain h full force and effect, assumed, or taken subject, or which is eXecuted by an Insured after 17. CHOICE OF LAVI/; FORUM Date of Policy and which 18 a charge Dr Den on the Title, und the (a) Choice of Law: The insured acknowledges the Company has amount 60 paid shall be deemed a payment to the Msured under this underwrliten the fisks covered by ihis polluy and determined the policy. premium charged therefor in reliance upon the jaw affecting 12. PAYMENT Oy LOSS interes15 in real property and applicabie to the Interpretation, When Ilabilly and the extunt Dr loss or damage have bKri definitely rights, remedle#, or unromenlent or pollcle# of title Insurance of fixed in accordance with these Conditions, the payment :ha]J ba thejurlsaiclion where the Land Is located. made within 30 days, Theiefore, the court or an arbilmtor shall apply the law of the 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT jurlsdld}on Where the Land Is located to delermine the validity 01 (a) Whenever the Company Ehall have settted and paid a claim uhde, claims against the Title that are adverse to the Insured and to thl: policy, it shell be swbrogated ar,d entilled to the righta of the inte*ret and enforce the [erms of this policy, In netther case Insured Cumir R In the -Rtle and all other rights And remedles lit shan the court w arbitrator apply its corl!]Icts or law principles to respect to 1he claim thut the 1nsu red Clalmant has again st any pemon determine theapp#cable law. or properly, b fhe extent or the amount of any loss, costs, attorneyB' (b) Choice gf Forum, Any litigwoon or other proceeding brought by fees, imd 5XpCntes paid by the Company. It requailed by the the Insured against the CofT,pany mual bq fled only lit a atiate or conlpany, the Insurvrf Clabnant anali execde ck>Guinerd# lo evidence the tminsfer to the Company of these rlghts and xemedies. The federal court within the United States of America 01 Its terrltories Ins:Ired Claimant shall permit the Company lo gus, compromise, or having appropria(o jurisdiction. settle in the name of the Insured Claiment Bild to use the name of the 18. NOTICES, WHERESENT Insured Clelment in any transaction or lillgation gnvolving these Any notice of clalm and any other notice or statement In writing rights ind remedles. required lo bo Given to the Company under 11,19 pollgy must be given to the Company al Claims Department at P.0. Box 2029, HouEton, TX 77252-2028. Copy,Ight 2005-2009 Americari Luild lltle Assoclationi Allright,i res;Brved. .il..... TN use of this FonÂ·n t, rmt,klid Iii N.TA :cniumme, and ALIA mumbm In ubod standhg m of the datu or wa. dE.EMCA.Â§ Atl .ther u.ea e. prohibit.IL Reprinted under license from the Med.an innd Tltle Asllociati.1 . Awn,Fi) r ./1 C I o ' 0/ File No. 01930-43845 Page 4 of Policy Serial No.:PROFORMA ./*e. Â·Â· 1 Â· .-u----Â·Il .. Â·Â·..............*..._ 1.-..I ....&. ALTA OWNER'S POLICY (8/17/06) PROFDRMA This Is a Pm Forms Pilioy, which pmvides no Inswrance coverage, furnished W or on behalf of the proposed insured. This pro forma does not.Â·ellectlhe present status or condltion of title and as not a commltment to Insure the estate or Interest or to provkle any aftirmative coverage shown herein, Any conmittrient mlmt be an expressly written underlakIng Issued on the appropriate forms of the Company. Thls Pro Forma Policy solely hdlcates the form and content of the Policy which the Company may Issue If all necessary documents are furnished, all acts are payformad, and aN requirements sel forth in the tile cvmmltment Â¢gvering this properly (or thai may be required by underwriting) are mel to the satl#faction of the Company, SCHEDULEA Name and Address of Stewart Title Guaranty Company Title Insurance Company: P.O. Box 2029, Houston, TX 77262 File No.: 01330-43845 Policy No.: PROFORMA *Address Reference: 928 West Hal]am Street, Aspen, CO 81611 (For Company Reference Purposes Only) Amount of Insurance: $1,350,000.00 Premium: $2,920.00 Date of Policy: "date and time of recording of deed" 1. Name of Insured: Gateway Aspen LLC, a Colorado limited liability company ~ 2. The estate or interest in the Land that is 1nsured by this policy is: Fee Simple as to Parcel 1 and 2 and an Easement Interest as to Parcel 3 3. Title is vested in: 1 Gateway Aspen LLC, a Colorado limited liability company 4. The Land referred to in this policy is described as follows: Parcel 1. A trad of land located in the SW1/4 (also known as Lot 9), Section 12, Township 10 South, Range 85 West of the oth P.M., Pitkin County Colorado, more fully described as follows: Beginning at the point of the fotersection of the Northerly right of way Une of Colorado State Highway No. 82 and the. West limit line of the City of Aspen as located by thel@59 official survey of said city; thence Norlh 7 Degrees 5316' East along said West limit line, 8 feetto a point oil the North line of Hallam Street; thence North 75 Degrees 10' West along the North line of Hallam Street, 10.56 feet; thence North 10 Degrees 15' East 95.8 feet; thence North 87 Degrees 23' \Nest 167.44 feet more or less to the Easterly line of an existing service road : thence South 1 Degree West along the EasteMy line of said road 70,03 reet more or less to a point on the Northerly right of way line of Colorado State Highway 82; thence South 75 Degrees lot East along said light of way line 166,09 feet, more or less, to the point of beginning. Parcel 2: Parcel "C, accordlng to the First Amendment to the Herndon Subdivision recorded February 24, 1981 In Book 11 at Page 14. Parcel 3: Easement according to Driveway Easement Agreement recorded May 29, 2014 as Reception No. 610646, Copyr}Etht 7006-2009 Amer[can L,md litle Assoctallon, All rlwht, reserved, ...ilili The use o f the Fatm 18 restrfticd to ALTA Icerliees and ACTA rnomban in goed glanding as of the data of use. 41#99â€¢zl .WU.I Afl other us# are prohhltcd. Reprinted under license ftom the Ainerltan L.and TRIe As=;lation. '1' I. /Â·~ ~14 File No. Di 330-43845 Page 1 of 2 STEWART TITLE .p CO STG ALTAOWner's Policy Sch A PROFORMA GUARANTY COMPANY Â¥/14 v..r.r ALTA OWNER'S POLICY (6/17/06) PROFORMA County of Pitkin, State of Colorado 4 j 1 Copyright 2006-2009 An,#rloari Land Title AD,ociatioll. All right, Ya=Ned. iaiiN~W l he l,se Or 'jits Foini 18 fÂ©81{imad Ig ALTA Â»meo# ond,ALTA memberl; b ggod stunding an Dr Vi u date 91 11,2, ; Al] olhcnise, are prehlbitad, Rep,i,wled under Nconce from th, Ametican Land 1Itle Â»liocial,[cul, .~ File No. 01330-43845 page 2 of 2 STEWART TITLE .1./.'.4 CO STG ALTA Owner's Policy Sch A PROFORMA GUARANTY COMPANY J All-AOWNER'S POLICY (8/17/00) PROFORMA ThIG Is a Pro Forrna Poncy, which provides no insurarica coverage, ful-NG}led to oron beharfof the pioposed insured, This pm torma does not reltectthe present statua or conditlon of title and is nqi a cgmmitment to Insure the estate or interest or to provide any aftirmative coverage shown herein. Any commitment must be an expressly written undenallng lasued on the appropilite forms ofthe Company. This Pro For,na Policy solely Indfcates lhe form and cuntent of the Policy whigh Ihe Company may issue ifall necessary documents are furnished, all acts ale preformed, and 311 requirements sel foilh In the title commitment covering this property (orthat may be required by underwriting> aremet to the satisfaction of the Company. SCHEDULE B File No.: 01330-43845 Policy No.: PROFORMA EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage Cand the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: 1. Rights orclaims of parties in possession, notshowri bythe 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 publk records, 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and notshown by the public records. 5. (a) Unpatented mining claims; (b} reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) Minorals 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 (ah (b) or (c) are Wlown by the Public Records or listed in Schedule B. 6, Water rights, claims or title to water. 7. *Taxes and assessments for the year 2D14 and subsequent years, not yet due and payable. 8, The effect of inclusions in any general or specifc water conservancy, fire protection, soil conservatioh or other district or Inclusion in any water service or street Improvement area. , 4 9. Reservations and Exceptions as set forth in the Dead from the City of Aspen recorded January 21,1888 In Book : 59 at Page 306 providing as follows: "That no title shail be hereby acquired to any mine or gold, sjlver, cinnabar or copper or to any valid mining claim or possession held under existing laws. 10, Right of Proprietor recorded December 3, 1892 jn Book 55 at Page 35. i 11, [[ntentionally deleted.1 1 12. [Intentionally deleted.] 13. Herndon Subdivisfon Plet recorded August 1 4 1980 in Book 10 at Page 31 and First Amendment recorded 1 February 24, 1984 in Book 11 at Page 14, 14. Record OverlÂ·ap with subject property as shown on the Subdlvision Exemption Plat forAspan Historic Cottages Copyright 2006=009 American Land litte As;3ociation. Allrightm ,-0,5erÂ¥'d. ..... The usn 01 this Form 15 resltlcied 10 ALTA liguns ges and ALTA mumburs IIi good slanding M of the dete of use, 1.17 1,1.< All othet uses are proh]Wled, Repfir,led Wodor 111:unin from the Amelicari L#ndlÂ» Aâ€¢Moriallon L.<4.,fiÂ·-qi, File NO, Dl 330-43845 Page 1 of 2 STEWART -rITLE CO STB ALTA Owner's Policy :ch G PE PR{)FORMA GUARANTY COMPANY .9/2 PÂ¢:f ALTA OWNER's POLICY (6/17/06) PROFORMA This Is a Pro Fonna Policy, which provides no insurance coverage, fumkhed to er on behalf of the proposed Insured. This pro forma does not rellect the present status or condition or title and is not a commitment to insure the estate or interest or W provide any alfirmative coverage shown hereli. Any commitm8nt musl be an expressly wrllten undertaking 185ued ort the apprupriate forms of the Company, Thls Pro Forma Policy solely indicates the lorm and content of the Poncy whlch the Company may issue If all necessary douu,nents are furnished, 2111 acts are preforme d, and ali roqulrement59 set forth In the tme commitment covering INs property (or that may be required by underwriling) are met to the satisfaction of the Company, SCHEDULE B recorded January 27,1999 in BÂ·ook 48 at Page 43, 15. Driveway Eagement recorded May 29, 2014 as Reception No. 610646. 1 6. * [intentionally deleted.] 17. Any rights, easements, interests or claims that may exist by reason of or reflected by the following facts shown on i the survey dated July 2014 by Aspen Survey Englneers, Inc: Any possessory interest claimed due to the fence line location along Eastern boundary and any claim on land I shown as 'status of ownership unknown' on survey. 10' Electrtc and Communication Easement along Northern boundary, 18. Deed of Trusl from Gateway Aspen LLC, a Colorado lirrlted liability company for the benefit of Bank of Colorado to secure the amount of $987,000 recorded as Reception No, Copyright 2006.2009 American Land Title Aq=ociattan. All rights reBerved. ,i@~~*,W A The ugs or thii Form i: rest#cla d zo ACTANce,weon andAl,TAmem bers in good abiding os of be date of use. NITHCAN ~ All ofher 4=8~ *re proh]Wled, Reprvited under license fro,n th. Arnarican land 11118 AsaoDIGRon, 1 <./.1.-41 . L File NO. 01330Â·43845 page 2 of 2 STEWART TITLE 9 14... 1.â€¢Â·.â€¢Â· CO STG ALTA owner's Policy Soh a PE PROFOR,VIA GUARANTY COMPANY 473 f Amerlcan Land Title As.ociation ALTA Endorsementg.2-05 (Covenants, Conditions and Restrictions . Improved Land - Owners Policy) Revised 04-0242 This is a Pro Fotma Policy, which provldes no insurance coverage, furnished to or on behalf ofthe proposed Insured, This pro forms does not reflect the present Matus or condition of title and Is not a commitment to insure the estate or inleTest or to pTovide any amrmatlve coverags ghown her'elm Any cominitment must be an expreish, written undertak)ng Issued 07 the appropriate forms of the Company. This Pro Forma Policy solely Indicates the form and content oflhe Poljoy which the Company may issue if all necimsary documents are furnished, all acts are perronned, and all requirements set forth In the tiUe commitment coveing this propeity (Dr that may be required by underwriting) are met to the satbfactlon of the Company. ENDORSEMENT ATTACHED TO POLICY NUMBER PROFORMA ISSUED BY STEWART TITLE GUARANTY COMPANY File No' 01330-4384,5 Premium: $292.00 1, The Insurance provided by thls endorsementis subjectiothe exclusions in Section 4 ofthis endorsement; and the Exclusions from Coverage, the Exceptions from Coverage contained in Schedule 8, and the Conditions )n the policy, 2, For the purposes of this endorsementonlyi a. 'Covenanf' means a covenant condition, limltation or restriction in a document or Instrument in effect at Date of Policy, b. 'Improvement' means a buitding, strusture located on the surface of the Land, road, Walkway, driveway, or curb, affixed to the Land at Date of Policy and that by Jaw constitutes real property, but excluding any crops, landscaping, lawn, Bhrubbery, or trees, 3. The Company insures against loss ordamage sustained by tile Insured by reason ott a. A violation on the Land at Date of Policy of an enforceable Covenant, unless an exception in Sohedule B otthe pollcy Identlfies the violation, b, Enforced removal of an Improvernerit as a result ol a wolation, at Date of Policy, of a building setback line shown on a plat of subdivision recorded or filed in the Pubtio Records, unless an exception In Schedule B of the policy identifies the violation; or 0, A note of a violation, recorded In the Public Records at Date of Policy, of an enforceable Covenant relating to environmental protection describlng any part of the Land and referring to that Covenant but only to the extent of the violation of the Coveriatil referred to in thatnotice, unless anexception in Schedule B eMile pollcy identifies the notce oftheviolation. 4. This endorsement does not jnsure against loss or damage (and the Company Will not pay costs, attorneys' fees, or expenses) resulting from: a. any Covenarit contained in an instrument creating a lease; b. any Coveriont relating to obligations ol any type to perform maintenance, repair, or remedlation on the Land, 01 c. except as provided in Section 3,c., any Cover'~ant relating to environmental protection of any kind or nature, inoluding hazardous or toxic matterÂ·s, Conditionst orsubstances, Th!8 endorsement is issued as part of the polloy, Except aa it expressly stales, It does not (i) modily any ofthe terms and provisions of the policy, (10 modify any prior endorsements, (ill) extend the Date of Policy: or Ov) increase the Amount of Insurance. To the extent a provision of the policy or a pr-evious endorsement 18 inconsiatont wIth an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement js subject to all of the tenns and provisions of tha policy and of any prior endorsements. Signed under seal for the Company, butthis endorsement ts to bo Valid only When it bears an ziuthorized countersignature, Countersigned by: stewart -3*Phy.-2 /9150' V.N Â«.t 2.euu~*,--Â· title guaranty company I it Wo Z fil v~tftl : Mittt Morris Authorized Countersignature .iuit#4 - Previdont and CEO Stewart Title 49:11. y.Â¢,44 'IL t. tami -Â·-*_. j 1-Â·Â· 97 Main Street, Suite W201 4 L TUOB .Â· - 4 Edwards, CO 81632 Agent ID; 1.11:9419â‚¬.,1 0 Denjee 0,2~aux Segretary bopyright 2005-2012 American Land litte AS50012tion, All rIght# reserved. ./"..../ The ug of Vilâ€¢ Farn, 1& re;Iriotid 10 ALIAITcans= and ALTAmemb- in pod slancllng A of thi duie Â¤t use. MS. 4.'ll,8 Al! utber u wew nrepiollibitai Repnnted under 1}conse from the Ambilco }i Land Iltle Apsodition. iÂ·*:'.b lt.,1.4 File No. 01330-43845 ..':4.!. ~1'.. Pagel of 2 v ALTA Endomement 9.2-06 (Covenants, Conditions and Restfictions - Lnprovod land -Â· Owner-'s Policy) PF 4% Revised 04-02-12 ...01 4 American Larld Title Association ALTA Endorsement 8.2-06 (Covenants, Conditions and Restrictions -Improved Land - Owner's Policy) Revised 04.02-12 Thisls a Pro Forma Policy, which provides no Insurance coverage, furnished to oron behalf ofthe proposed Insured. Tha pro forma does not reflect the Gragent status or condition of litle and is not a commitment to kisure the estate or interest or to provide any affrmative covorage shown herein. Any commktmen! musl be an expressly written undertaking Issued on Uie eppropriate forms of the Company. This Pro Fornia Policy soldy Indicates the form and content of the Policy which the Company may Issue if all flecessaly dogumen14 are fumisped, all acts am perforrned, and all requirements set forth In the title cornmitment covering this properly Cor that may be required by underwrlting) am mal to the satisfaction of the Company. Endorsement PROFORMA Serial No. Copyrrght 2006-2012 American Land Ttle Asâ„¢:lation. All rights raorved, ......., Thi use o r thle Farm & restric ted to AUA Ilcanies and ACTA members )11 gooll .wl,dblo . o f 0. deta of use, ..... 1/1â€¢ AD Dthuf uNes Â«re prohibited, Rgpilm ed Un'dor Ilier,ze frem the Amelicarl Land Tlte Asociwilun. .1 File No, 01330Â·Â·43845 Page 2 42 Â· 1 ALTA Endorsement 9.2-06 (Covenants, Conditions and Restridlorna - Improved Land- Owner's Policy) PF 4,7. Revised 04-02-12 American Land Title Association ALTA Endorsement 35.3-06 (Minerals and Other Subsurface Substances ..Land Under Development) Adopted 04-02Â·12 This is a Pro Forma Policy, which provides no 111*urance coverage, furnished b oren behalf of tile proposed insured. This pro forma does nor rellect the present status or condition of ntle ind is not e commitment to insure the oitale or interest or to provlds any ammiallve coverage shown be,n. Any commltrilent mumt be an expIessly written undeflaking 1;sued on the appropriate forms of the Cumpauy. This Pro Forma Policy solely indicales tIle form and conlent of the Pollcy which 1he Company may issue ifall necessary documents are furnished, all acts are performed, and al! requkerrents set Torth rn the tme commitment covering thls propeity (or that may be required by undelwriting) are metto the satisfaction of the Company ENDORSEMENT ATFACHED TO POLICY NUMBER PROFORMA ISSUED BY STEWART TITLE GUARANTY COMPANY FIle No.: 01330-43845 Premium: 292.00 1. The insurance provided by this endorsement is subject to the exclusion In Section 4 of this endorsement; and the Exclusions from Coverage, the Exceptions from Coverage contained in Schedule B, and the Conditions of the policy, 2, For purposes of this endorsement only: j a. "Improvement" means a building, structure located on the surface of the Land, and any paved road, walkway, parking area, drjveway, or curb, aftixed to the Land at Date of Policy and that by law constitutes real property, but excluding any crops, landscaping, lawn, shrubbery, or trees. b. "Future Impruvement" means a building, structure, and any paved road, walkway, parking area, driveway, or curb to be constructed on Dr affixed to the Land in the locations according to the Plans and that by law will constitute real property, but excluding any crops, landscaping, jawn, shrubbery, or trees. c, "Plans': means the survey, site and elevation plans or other depictions or drawings prepared by Stan Clauson Assoclates Inc, datedAugust 06, 2014, last revised, designated as 1 consisting of 1 sheets, 3. The Company insures against loss or damage sustained by the Insured by reason of the enforced removal or alteration of an Improvement or a Future Improvement, resulting from the future exercise of any right existing at Date of Policy to use the surface of the Land for the extraction or development of minerals or any other subsurface substances excepted from the descrIption of the Land or excepted in Schedule B, 4. This endorsement does not Insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) resulting from: a. contamination, explosion, fire, vibration, fracturing, earthquake or subsidence; or l b. negligence by a person or an Entity exerolsing a right to extract or develop minerals or other subsurface 1 substances; or c. the exercise of the rights described in Exception 10. Copyrig ht 2012 Arnerican Lm,ld Title Assoaatk*1. All Tights reserved. The vse of this Form & redficted tv ALTA kensees and ALTA memberN 14 good *lendinG /5 of thu date ofuse. m= 1 All Dther L...8 we prohiblted, Reprimerf under IlewÂ» flom ihe Ametican Land 11110 Aasociallg n. 0&111.311 :, File No. 01330Â·43846 .,1..11,1, 1: Page 1 of 2 ALTA Endot-sument 35.3-06 (Minerals and Other Subsurface Substances . Land Under Development) PF 49.'. r Adopted 04-02-12 -*f ' ~ ' American Land TItle Association ALTA Endorsement 35.3-06 (Minerals and Other Subsurface Substances - Land Unde~ Development) Adoptud 04-02-12 This is a Pm Forma Policy, which plÂ·ovldes no Insurance coverage, furnished boron behalfoftheproposed insured. This pro lonna does not reflectthe present status or condition of tille and }s not a commitmenl to InsureÂ· the eslate or Interest or to provide any ammative coverage shown herein. Any commitment must be an expressly written undeRaking issued on the appropriatcforms of the Company. This Pro Forms Poity solely kidicales tho form grid cement of the Policy which the Conlpany may issue ifall necessary documents are furnished, all acts aro performed, and all recldrements sel forth in the tile uumm'Itment covering this property (or thal may be re quired by underwriting) am met lo the musfaction of the Company. This endorsement Is Issued as part of tile policy Except as It expressly states, It does not (i) modify any of the terms and provisions of the policy, (ji) modtfy any prior endorsements, (ili) extend the Date of Policy, or (iv) increase the Amount of Insurance, To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the poricy and of any prior endorsements. Signed under seal for the Company, but this endorsement is to be valid only when it bears an authorized countersignature Countersigned by'. stewart /*A77 4777 1â„¢-* title guaranty company //f 4 0 C //Â£ 0156 /1 1 1 . 11 1 Prasidentand CEO Matt Morris Authorized Countersignature - 4..We. b ep.%Â·9924. Stewart Title :tiff 4-*-0 :.!i' f 97 Main Street, Suite V/201 ip' t. 190 8 ,)Pff Edwards, CO 81632 ii *~~'~.f 4. Agent 1 D: 41.5Â£3132.'f.'Â· , p 1. 1.- 1 - - U--Â¥ -- 1- L./ Den}se C/Aaux Secretary Endorsement PROFORMA Serial No. Copyright 2012 Americarl Land Tilio Arsociation. All rights nse,ved, The ose d thli Fpun !3 r,glriciao to ALTA #censeas and ALTAmembm In good MAndbg as of the dale of wse. '+13â€¢taw AN oUter uws w, 9/011!blted. Repflmed Under lioecoe fromllig Amâ€¢Agarn Land Tille Assodition, 41% Fllo No. 01330.43845 Pago 2 0[2 .:....,11.,4 ALTAEndorsemenl 35.3-05 <Minerals and Other Subsorface Substances- Land Underbevelopment) PF Adopted 04-02-12 R. ALTA Endorse}nent 19,146 (Coliliguity-SIngle Parcel) PROFORMA T!113 Is a Pro Forma Polioy, Which provides no Insurance coverage, furn)shcd lo or on behalf ofthe proposed Insured. This pro forma does not reflect the present status or condition of Utle and 15 not a commitment to insure the estate or Interest or to provide any affinnative coverage shown herein. Any commitment mual be an expressly written w-,dertakIng Issued on the appmpriate forms of the Company. This Pro Forma Policy solely Indicates the form and content of the Policy which the Company may issue if all necessary documents are furnished, all acts are performed, and all requiraments selforth In ttie title oomm'nment covering this property (or that may be required by underwriting) are mel to the satisfaction of the Company. ENDORSEMENT ATTACHED TO POLICY NUMBER PROFORMA ISSUED BY STEWART TITLE GUARANTY COMPANY File No,; 0133043845 Premium: $292.00 The Company Insures against less or damage sustained by the insured by reason of: 1, Parcel 1 contiguos to Parcel 2 which is contiguous to Parcel 3 2. the presence of any gaps, strips, or gores separating the contiguous boundary lines described above. This endorsement is Issued as part of the policy. Except as it expressly states, It does not (i) modify any of the terms and provisions of the policy, (il) modify any prior endorsements, (jii) extend the Date of Polky, or (Iv) increase Ule Amount 01 Insurance. To the extent a provision of the policy or a previous endorsement is Inconsistent with an express provision of this endorsement, this endorsement controls, Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Signed under seal for the company, but this endorsementls to be valid only when it bears an authorized countersignature, Countersigned by: stewart title guaranty company ,05*727~0Â«â‚¬2Â· Matt Morris Autho,ized Countersignature -.lili.,U'. 1 Pres}dent and CEO .....1/ '. 1 Â»AR.'' Stewart Ttle /n A 1 97 Main Street, Suite W201 11 :,Â·Â· 1 9.9 1 /, sw Edwards, CO 81632 5% I ...~ f.' .'... AP:, yvÂ· Agent ID. .>43~~Ret. Denise C,draux 42Â»Â» secretary Endorsement PROFORMA Serial No. Copyright 2005-2009 American Land -ritle Assepiallon. All rjght= re$â€¢rved, The uss orthis FonÂ·n ts rer.ricted to ALT'A rIvoilf44 and ALTAmembit In good standing aa prlhe dale uf use. ... â€ž,./ %ry I c,\4 AD othar wea are pryllblled. Reprblted under nomnsa frorn t'le Americin litâ€žd Tillo Ask,detion. . . File No. 01330-43845 Page 1 of 1 .6.4.. ALTA Endorsement 19.1-06 (Contiguity--Single Parcel) 0/17/06) PROFORMA O 9.Ir >% ALTA Endorsement 18.1-06 (Multiple Tax Parcel) This is a Pro Fornia Policy, which provides no inwrance coverage, furnished to or on behalf of the proposed Insured. This pm forma does riot reflect the preser)1 status or condition of Btle and is not a commitment to Insure the estate or interest or to provide any amimative coverage shown herein. Any corrimitÂ·nwrit must be an expressly written undertaking Aued on the appropilate forms of the Compary This Pro Funria Policy solely indloates the form and content of the Policy Which the Company may issue il all necessary documents are furnished, ajl acts are performed, and all requirements set funh in the title commitment covering this proporty (or that may be required by Underwriting) are met to the satisfaction of the Company, ENDORSEMENT ATTACHED TO POLICY NUMBER PROFORMA ISSUED BY STEWART TITLE GUARANTY COMPANY File No.: 01330-43845 Premium: $85.00 The Company insures against loss or damage sustained by the insured by reason of: 1. thoas portions of the Land identified below not being assessed for real estale taxes under the listed tax Identification inumbers or those tax )denti fication numbers induding any additional land: R005321 2. the easements, if any, described ill Schedule A being cut off or disturbed by the nonpayment of real estate taxes, assessments or other charges Imposed on the servient estate by a governmental authority. This endorsement is Issued as part of the policy, Except as it expressly states~ it does not (1) modify any of the terina and provisions of the policy, (ID modify any prior endorsements, (lil) extend the Date of Policy, or Ov) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement this endorsement controls, Otherwise, this endorsement Is subject to all of the torms and provisions of the policy and of ary prior endorsements. Signed under seal for the Company, but this endorsement fs to be valid only when it bears an authorized countersignature. Counterslgned by: stewart Â«.1- 84â„¢L-- tkle guaranty company 53*29 AE-7. Matt Morris Authorized Countersignature .#*4# Prestdontand CEO Stewart Title . *iÂ·'' 40*'Â°4,: -Â·Â·,Â·'~;Â· 2,1121 D.*-S t.,j 97 Main St-eet, Sulte V'aol :441 Â£ 1Â·.9 0.8 Â· i' 92 Edwards, CO 81632 6 .4 Agent ID: 1%~j'VUL * ~1-Rte,MMi Denise (lahaux Secretary Endorsement PROFORMA Serial No. Copyright 20[6Â·2009 American Land Title Association. All fights reierved. .Illiiimiii- Thâ€¢ um of this Fom: 1. r.â€¢trid.4 10 ALTA Ilcer#doâ€¢ and ALTA,nemberâ€¢ in good itanding 84 orthe dale of us.. 48'16 91 All Dther wses are pl-01Â¢biled. R aprihied under tense *om the American Lund TRID Amaoclitiork : ... U ./ 1 Flle No, 01330-43845 Page 1 of 1 Â¥ ALTA Endorsement 18.1-06 (Multlple Tox Parcel) 0/17/06) O 9/5?* CO STG Endorsement 110,1 Deletion of Exception PROFORMA ALTA Lender ENDORSEMENT ATTACHED TO AND MADE A PART OF POLICY OF TITLE INSURANCE SERIAL NUMBER PROFORMA Issued by STEWART TITLE GUARANTY-COMPANY FIle No,: 01330-43845 Said Policy W hereby amended by deleting paragraphs 1 - 5, of Schedule 8, Part ), This endorsement Is made a part of the pollcy and Is subject to ali of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does H extend the effective date of the policy and any prior endorsements, nor does ft Increase the face amount thereof. Signed under seal for the Company, but this endorsement Is to be valid only when it bears an aulhorized countersignature, Countersigned by: stewart Â«A.t 184Â«L*Â« title guaranty company ithÂ«7- 777Â«--0 Matt Nk>frls Authorited Countersignature Pres/dontand Â¢80 ,41:.4, #63}-f.56*v Stewait 11lle :101 '+S jol; 97 Main Steet, Suite \*01 21/0 \ 1901) ; ''W LAU.,13 Edwards, CO 81632 ~%; *IÂ·, ..1.4.' ,"' â€¢j#7 ~_~~ Agent ID: Â·Â·4~4* 4, Mig#r, Dortise Cd;oux Secretary Endorsement PROFORMA Serial No. File No. 01330-43845 Page 1 of 1 STG CLIAForm 110.1 Deletion of Exseption PROFORMA ALTA Lender ALTA Endorsement 17.1-06 (Indirect Acc ----nd Entry) ENDORSEMENT Attached to Poilcy No. 0133043845 Issued by STEWART TITLE GUARANTY COMPANY The Company insures against loss or damage sustained by the Insured if, at Date of Policy (i) the easement identified as Parcel 3 In Schedule A (the "Easement) does not provide thal portion of the Land identified as Parcels 1 and 2 in Schedule A both actual vehlcular and pedestiian access to and from Wh Street via so-called Block 4 Alley, (il) the Street Is not physically open and publicly maintained, or (lii) the Insured has no right to use existing curb cuts or entries along that porlion of the Street abuttjng the Easement, This endorsement is issued as part ofthe policy. Except as it exprestily states, it does not (1) modify any of the terms and provisions ofthe policy< (ii) modify any prior endorsements, (lii) extend the Date of Policy, or Ov) Increase the Amount of Insurance, To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement Is subject to all of the terms and provisjoris of the policy and of any prior endorsements. STEWART TITLE GUARANTY COMPANY Attachment 9 Mr. Michael H. Brown Gateway Aspen, LLC 605 W. Main Street, Suite 2 Aspen, CO 81611 Tel: 970-930-1754 24 September 2014 Ms. Sara Adams, AICP Senior Planner, City of Aspen 130 S. Galena Street Aspen, CO 81611 Re: Authorization to Submit Land Use Application Dear Sara: This letter is to certify that Gateway Aspen, LLC, owner of the property located at 928 W. Hallam Street, Aspen, give Stan Clauson Associates, Inc., and its staff, permission to represent Gateway Aspen, LLC in discussions with the City of Aspen regarding the development of the property. Gateway Aspen, LLC has retained this firm to represent us in the application for this project. If you should have any questions regarding this matter please do not hesitate to contact me. Contact information for Stan Clauson Associates is as follows: Stan Clauson, AICP, ASLA Stan Clauson Associates, Inc. 412 N. Mill Street Aspen, CO 81611 Tel 970-925-2323 Fax 970-920-1628 Very Truly Yours, ift-__-/ -/- Michael H. Brown Managing Member Gateway Aspen, LLC Attachment 10 RECEPTION#: 610646, /2014 at 02:04:39 PM, 1 OF 6, R $36. Janice K. Vos Caudill, Pitkin County, CO %~fOCT-25-2013 12:24 BIGHORN REALTY 970 349 6214 P.01 DRIVEWAY EASEMENT AGREEMENT THIS DRIVEWAY EASEMENT AGREEMENT Â¢'Amemenf') is made and entered into this ls-,4ay of October 2013, by and between THECRYSTALPALACE. CORPORATION, aColorado corporation ("Cr,stal Parace"), and GEORGE W. MADSEN, JR. and CORNELIA GA!.1.AHIÂ·,11 MADSEN alida CORNEI.TA G. MADSEN (collectively "Madsen"), WITNESSETH: WHEREAS, Crystal Palace is the owner of the real property described as A tract of land located in the SW1/4 (also sometimes known as Lot 9), Section 12, Township 10 South, Range 85 West of the 6'h P.M,, more pattioularly described in the Warranty Deed recorded in Book 267 at Page 894, ReceptionNumber 154704 ofthe PitkinCountyreatproperty records (the"Crystal Palace Pro. crivj); and WHEREAS, Madsen is the owner of the real property described as Parcel 1 of the Second Amendment to the Herndon Subdivision, according to the Platthereofrecorded August 10,1984 in Plat Book 16 at Page 49 ofthe Pitkin County real property records (the "Madsen Property"); and WHEREAS, the Ciystal Palaoe Corporation Property and the Madsen Property are contiguous; and WHEREAS, the Madsen Property is contiguous to apublic alley that is located inthe City ofAspen between West HaIlam Street and WestFrancis Street, running west from Eighth Street to the Madsen Property (the "Adiacent Alloy"); and, 3 WHEREAS, Crystal Palace desires to acquire an easement nom Madsen, through the Madsen Property, connecting the Crystal Palace Property with the Adjacent Alley for ingress and egress lo and trom the Crystal Palace Property to the Adjacent Alley, all ag illustrated on Exhibit A attached hereto and by this reference incorporated herein, and Madsen is willing to grant such an ~ easement, on the terms and conditions hereinafter set forth; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and in furfher consideration oftheterms, conditions, covenants and mutual promises contained herein, the parties hereto agree as follows: 1. Grant of Easement. Madsen hereby grants, transfers and conveys unto Crystal Palace and Crystal Palace's successors and assigns forever in the ownership of the Crystal Palace Property, a perpetual, non-exclusive easement and right-of-way over, aoross, under and along that certainEasementAreaset forth and described on ExhibitA attached hereto and incorporated herein by this reference (hereinafter the"Easement'D. Said Easement may be used for all forms ofsurface travel for purposes ofunobstructed access, ingress and egress to and from the Adjacent Alley to the Crystal Palace Properly, and allparts thereof, foraltlawfuluses ofsaid Crystal Palace Property, and for the installation, maintenance and use of underground utilities serving said Crystal Palace MACINZwl:JUR.US[113:DIAND:LmRAKY:MAIL DOWNLOADE:DRIVILWAYEASE:!A~72-~-13.DOC RECEPTION#: 610646, 9/2014 at 02:04:39 PM, 2 OF 6, Janice K. Vos Caudill, Pitkin County, CO OCT-25-2013 12:24 BIGHORN REALTY 970 349 6214 P.02 Property, and shall be deemed an easement appurtenant to the Crystal Palace Property. Madsen represents thal Madsen is the record owner ofthe MadsenProperty and has full power and authority to execute this Easement Agreement. Otherwise,theEnsement is granted withoutwmanties oftitle. Madsen expressly reserves the right to utilize the land within the Easement for alllawful purÂ·poses which do not interfere with the exeroisÂ¢ and enjoyment by Crystal Palace of tile easement rights granted to Crystal Palace hereunder. In addition, Madsen expressly reserves the right to tap into any public utilities installed in the Easement by Crystal Palace for the sole purpose ofsupplying any such utilities to the Madsen Property. In the event Madsen taps into any such public utilities installed in the Easement by Crystal Palace, Madsen shall: a) pay any and all tap fees associated themwith to the appropdate publio utility; b) pay to restore and revcgetate all disturbed areas ofthe Easement as closely as possible to the condition that existed prior to tapping into such public utilities; and, c) pay for Madsen'sprorata share ofall maintenance and repair costs associated with the location of the public utilities in the Easement. Madsen's proram :lhare shall be determined based upon the relationship of the public utilities located within the Easement that alo used by Madsen to the total amount of the public utilities located within the Easement that are used by Madsen and Crystal Palace, combined. 2. Drivewav Improvements. CiystalPalacc shallhavetherightto constructaroadway within the Easement granted herein and improve and maintain the samo to whatever level may be ladilly allowed to scrve the uses made from time to time of the Crystal Palace Property. Clystal Palace may perform such road construction and improvements fromtimcto timeatits sole cost and expense. Crystal Palace shall obtain driveway, access, and any other permits necessary to construct such road, and shall restore and revegetate all disturbed areas as closely aspossibleto the condition that existed prior to commencement of the construction of the improvements thereto. Similarly, undergroundutilitfes maybe installed within the easementby CrystalPalace, aterystal Palace'ssole cost and expense (Including the expense of surface restoration). Specifically, Crystal Palace agrees that it will: a) remove the existing fence between the Adjacent Alley and the Madsen Property; b) remove the landscaping located within the Easement and, to the extent feasible and as requested by Madsen, relocate one or two ofthe lilac bushes within the EasemenÂ·t to another location on the Madsen Property; c) construct a driveway with in the Easementto the Crystal Palace Property; d) replacethe removed fence witha fenceofsimilardesign and construetion along the outside perimeter ofthe Easementbetweenthe Easement and the Madsen Property; and, e) replace landscaping, as reasonably requested by Madsen, immediately outsidethe newly constnicted fence on the Madsen Property, to maintain an attractive appearance of the fence and landscaping on the portion ofthe Madsen Property inunediately adjacent to the Easement. 3. Temporan, Construction Easement. In addition to the easement granted herein, Crystal Palace may disturb up to ten feet outside the Easement boundary into the Madsen Property for purposes of the initial construction ofthe referenced roadway and related improvements within the Easement, provided Crystal Palace shall restore andrevegetateall such extended disturbed areas as closely as possible to the condition that existedpriorto commencementoftheconstructionofthe roadway, as provided in Section 2, above. MACMÂ·05)1 MDIJURA DIANE:UBRAAÂ¥:MAIL DOWNWADS:I>klvKWAV liASF~y=,23-13.DOC RECEPTION#: 610646, /2014 at 02:04:39 PM, 3 OF 6, Janice K. Vos Caudill, Pitkin County, CO , OCT-25-2013 12:24 BIGHORN REALTY 970 349 6214 P.03 4. DrivewavMaintenance and Snowblowing, CrystalpalaoÂ©shall bear 100percentof all the costs associated with ali maintenance and snowplowing oftheroadway constructedwithin the Easement granted herein. In the event Madsen uses such driveway and/or otherwise uses the land within the Easement and, as a result, causes damage or excessive wear to the driveway within the Easement granted herein, Madsen shall be obligated to promptly repair and restore the driveÂ·way to the condition that existed immediately prior to such damage at Madsen's sole cost and expense. 5. Indemnification. Crystal Palace (onbehalfofitselfand its successors and assigns in the ownership of the Crystal Palace Property) hereby agrees to indemnify, defend (including reasonable attorneys' fees and costs) and hold harmless Madsen, Madsen's, heirs, successors and assigns forever in the ownership of the Madsen Property, from and against any and all claims, demands, causes of action, liabilities, damages, losses, costs or expenses of any klnd or nature (including withoutlimitationthose involving death, personalinjuIyor property damage) arising out ofor incurred in any way in connection with the use or enjoyment of, or any workperformed upon, the Easement granted herein or the roadway constructed thereon, by Crystal Palace or Crystal Palace's family, guests, invitees, employees, contractors or other authorized agents or users. Each party shall continuously maintain a comprehensive general liability insurance policy on their respcctive properties, which policies shall include eachparty'srespective interests in the Easement and, to lhe extent practicable and provided there is no additional cost to do so, each party's general liability insurance policy shall name the other party as an additional insured. 6. Attornevs' Fees. In the event of any litigation arising out of this Easement Agreement, including the int=pretation or enforcement ofany ofthe terms orprovisions hereof, the prevailing party shall also be entitled to recover its reasonable attorneys' fees and costs incurred therein. 7. AutboritÂ¥. Thepersons signingthis Agreementrepresent andwarrantthattheyhave the right, authority and power to execute this Agreement on behalfofthe parties for whom they are signing. Each party represents and warrants to the other party that this Agreement is a binding obligation of such party. 8. Governing Law. This Agreement is made with respect to rights and obligations accruing in the State of Colorado and shall be governed by and construed in accordance with the laws ofthe State of Colorado. 9. Remedies forBreach of Covenants. The parties hereto shall be entitled to any and all remedies permitted by law, including injunctive and mandatoxy relief for breach of any ofthe covenants, warranties, indemnities and obligations contained herein. 10, Bindin2 Effect; Covenants Running With the Land. This Easement Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors and assigns forever, and the benefits and burdens hereof shall constitute covenants running with the title to the Crystal Palace Property and the Madsen Property. MACINTOSH Hb:USERSÂ·DTANE:LTBRARY:MAIL DOWNLOADSÂ·.DRnEWAY BASEMEXT.,â€¢2341-DOC -3- RECEPTION#: 610646, 0-,_-/2014 at 02:04:39 PM, 4 OF 6, Janice K. Vos Caudill, Pitkin County, CO OCT-25-2013 12:25 BIGHORN REALTY 970 349 6214 P.04 11. Entire Agreement. This Easement Agreement constitutes the entire understanding and agreement between the parties relating to the subject matter hereof. All preceding representations or agreements relating to the subject matter hereof, whether written or oral, are hereby merged into this Easement Agreement 12. Waiver. Any waiver by any party hereto of any breach of any kind or character whatsoever by any other party, whether such shall be ditect or implied, shall not be construed as a continuingwaiver oforconsentto any subsequentbreachofthis Agreementonthepart ofany other paity. IN WITNESS WHEREOF: thepartiesbave hereunto settheirhands andseats as oftheday and year first above set forth. THE CRYSTAL PALACE CORPORATION, a. Colorado corporation 10fead Metcalf, President (r~â‚¬Â¥7.'~dsen, lf. V- (U.1 4.&Â· f44Â·a.Â·_ Cornelia Gallaher Madsen alk/a Camelia O. Madsen STATE OF Cs:Ao r.,30 1 ) SS. COUNTYOIGu.,Fdoe) The foregomg instrument was acknowledged before me this j.5~day of Outober, 2013 by F. Mead Metcalf, President of THE CRYSTAL PALACE CORPORATION, a Colorado corporation, WITNESS my hand and Omoid scal. r'.u9ZMKM111MMM1Nj1*,-1 NOTARY PUBLIC STATE OF COLORADO My Commission Expires: NOTARY In iqq,An,9045 MY COMMISSION EXPIRES SEPTEMBER 21 2016 UR;31.-'u Notar)~25 MACRCIOSM HD:USE,l5:DIANF41.la*KY:MAI 1. MWNWADS:DRIVEWAY EASU~!Â£~rj-O-13.DOC RECEPTION#: 610646, 0 /2014 at 02:04:39 PM, 5 OF 6, Janice K. Vos Caudill, Pitkin County, CO OCT-25-2013 12:25 BIGHORN REALTY 970 349 6214 P.05 STATE OF COLORADO ) COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this 7281 day of October, 2013 by GEORGE W. MADSEN, JR. and CORNELIA GA!.1.AHERMADSEN a/!daCORNELIA G. MADSEN. WITNESS my hand and official seal. My Commission Expires: 5. IS. 1 7- fal? 4.A Nota:F Public LISA E. POPISH NOTARY PUBLIC STATE OF COLORADO NOTARY ID #20054018338 My Commission Bq~ires May 15, 2017 MACINWW ID:US~.R:IMAN}'.DARILY:MA.U. DOWNLOADS:DIUVUWAY EASU}&~r Â·,.11-11.t]OC - RECEPTION#: 610646, 0 /2014 at 02:04:39 PM, 6 OF 6, Janice K. Vos Caudill, Pitkin County, CO 1 EXHIBIT A ASPEN SURVEY ENGINEERS, INC 210 SOUTH GALENA STREET, SUITE 22 ASPEN, COLORADO 81611 970 925 3816 ASEI JOB NO. 10357 ACCESS EASEMENT AN ACCESS EASEMENT ACROSS PARCEL 1, SECOND AMENDMENT TO HERNDON SUBDIVISION AS DESCRIBED IN PLAT BOOK 16 AT PAGE 49, CITY OF ASPEN, PITKIN COUNTY, COLORADO, DESCRIBED AS FOLLOWS: BEGn4NING ATA RADIUS POINT THAT BEARS N 10Â° 15' E 3.18 FEET FROM THE SOUTHEAST CORNER OF SAD PARCEL I; THENCEN 10Â°15' E 20.OFEET ALONG THEEASTERLY BOUNDARY OF SAID PARCEL 1, BEING COMMON TO THE ALLEY OF BLOCK 4, CITY AND TOWNSITE OF ASPEN; THENCE 31.54 FEET ALONG AN ARC HAVING A RAD[US OF 20.0 FEET, WHOSE CHORD BEARS S 55Â°04'12" W 28.37 FEET TO THE SOUTHERLY BOUNDARY OF SAID PARCEL 1; THENCE S 71Â°04' E 20.23 FEET TO SAID SOUTHEAST CORNER OF PARCEL 1; THENCE N 10Â°15' E 3.18 FEET TO THE POINT OF BEGINNING. CONTAINING 347 SQUARE FEET MORE OR LESS. Oall..10&S LAN t=:3 PROPOSED ACCESS EASEMENT A HERNDON SUBDIVISION LEGEND AND NOTES A TRACT oF LAND SITUATED IN NORTHEAST 1/4 OF THE SOUTHWEST 1/4OF SECTION 12 O SURVE. MONUMENT AS DESCR I BED TOWNSHIP 10 SOUTH, RANGE 85 wEST OF THE 6,h PRINCIPAL MERIDIAN N Â° CITY OF ASPEN, MTKIN COUNTY COLORADO O UTILITY BOX 20 40 U.S, SURVEY FOOT USED A SURVEÂ¢ CONTROL A ONE FOOT CONTOURS +---0 FENCE MANHO.E ~ TREE G CITY OF ASPEN GPS MONUMENT HERNDON SUBDIVISION IS CONTIGUOUS WITH THE ALLEY FOR BLOCK 4 BASED ON THE COMMON TOWNS]TE LINE 5-7 ELEVATIONS BASED ON CITY OF ASPEN GPS MONUMENT NO. 20 EL:7906.410 CURVE DELTA ANGLE RADIUS ARC CHORD CHORD BEARING Cl 11'30Â·16 176.79 35 50Â· 35.44 N 41â€¢34Â·36-E 0 CUT POWER POLE WATER IS IN HIGHWAY 82 ALL OTHER UTILITIES IN THE ALLEY PROPOSED ACCESS EASEMENT 20Â· RADIUS, 347 SO. FT. / *EST TITLE INFORMATION FURNISHED BY: NONE PROVIDED HALLAM NONE PERFORMED N 03â€¢58Â·00-E 3 79Â· STREET 0* o0 ~|S 4MINE 68.7/ '35 7/0 00.t 1 lÂ© :6 Â·S' 4 25947 39Â¢9 a 0.0 , 7o 0 Â·00 N 47Â·00- -W (/<32 . 6 9 4 P 49. 41 9 12.00. 259~ 0 N 75-00Â· 00Â·* 2376 0 5 75Â·09Â·11-E 3.00 0 25947 8 1 25947 N , *94'1928(r.. Â·.2 1>,*1018*14â„¢ ' 149 EBY CERT IFY THAT THIS PLAT WAS PERPARED FROM ki.Â£9~AF 08 315.P...2~ PERFORMED UNDER MY SUPERVISION DURING 6% b Â· '- -- vg.5 Rrei r-, i . "-: 1 201 THIS SURVEY VOID UNLESS WET STAMPED. 6.% 9â€¢464:LÂ·1.3--LED.St~KY OF Sr PIg 2013. PARCEL 2 1 P,-: 352 HERNDON SUBD]VISION .0-,2 7-7-0.794.P i-7 25947 25947 : PARCEL 1 25947 lu ' HERNDON SUBDZVISION 8 S 73Â·00Â· 2376 ~~~~El'.0> 00*6 94.10. 0 TBM: 7900.8. FRUIT TREE - 2376 4-6- DIA 10-12Â· DRIPLIE-- DOES NOT A 7 .I 3 015'.Il DECIDUOUS MEET CITY 2594 25- DRIPLINE STANDARDS i:0944.3 1 +19 & 04. HEDGES - I '0. N 87â€¢23Â·00-W 48.76' ' 25947 NO. 5 RE-BAR N\-N-- -\-1 79 20%9CK 4 a _ COA GPS MONUMENT N 89*33Â·05-E 801.84Â· FIELD TIE ~ NO. 20 ELEV: 7906.410 \\ 9184 0 GRAVEL h/// trFA./--/ - - . _Â£84Â·30'37-5 941.94 DRIVEWAr 14 11 4120 --- - - COA GPS MONUMENT 1 NO. 9 /17902 2 ~ GRADE 1 ~ *AD\US CRYSTAL PALACE CORP. f 2376 BOOK 219 PAGE J 8 LEGAL DESCRIPTION U " 0911~-12=14Â· --ZE_ a DESCR I BED IN PLAT Book le AT PAG# 49, CITY oF ASPEN. PI TKI N COUNTY, C, LOT 31 ASPEN HISTORIC COTTAGES AN ACCESS EASEMENT ACROSS PARCEL ! SECOND AMENDMENT TO HERNDON SUBDI VI S ION COLORWO. DESCRIBED AS FOLLOWS: BEGINNING AT A RADIUS POINT THAT BEARS N [0~15 E 3.18 FEET FROM THE SOUTHEAST CORNER OF SAi D PARCEL I THENCE N !0Â·IS E 20.0 FEET ALING THE EASTERLY BOUNDARY OF SAIÂ·D PARCEL 1, 8E I NG COMMON TO THE ALLEY OF= BLOCK 4 CITY AND TOWNSITE OF ASPEN: B_Â£335&?04 12~ w OR. 37 FET TO' â„¢EASONHERLYFai#~RY O# -EpiRNE t : I K[US OP 0~INERSH/ THENCE S 71 â€¢04 E 20.23 FEET TO SAID SOUTHEAST CORNER OF PARCEL 1 COLO -~ f BEYOND TOWNSITE LINE THENCE N 1095 E 3.18 FEET TO THE POINT OF BEGINNING. UKNOWN CONTABNING 347 SQUARE FEET MORE OR LESS. RADO RECEIVED sTATE .AN 0 7 204 HIG4.4 Y Poe BOOK 183 PAGE 286 CITY OF ASPEN CO&(UNM DEVELOPET NO 8 2 PREPARED BY WEST ASPEN SURVEY ENGINEERS, INC 210 SOUTH GALENA STREET HALLAM STREET ASPEN, COLORADO 8:6 I i 16%:07.86- 3~#:~.op-NUP::?TW?=.?&2:,,h:GL AFTER roU FIRST DI-ja, DEFECT, Ih ,â€¢D Evâ€¢.NT MAâ€¢ A~ ACTION PHONE/FAX {970) 925-3816 BASED UPON A)N ~ECT â„¢ .18 PLAT BE 'Ca'ICÂ·-D â€¢CDE TWU TEN JOB YEARS FROM THE DATE OF THE CERÂ¥1FICA-lrh ~oNN HEREON, â„¢E ~i:~AT]ON r S vo I D IF NOT m -q. â€¢IT- THE SEA~ OF * 9/13 10357A DATE Â·99Â·/f ..00.#r ..00. ~%700./ 13â€¢20-00-E 3.00' N 09Â·13Â·00Â·E N 10-3 B 00-E 37 00Â· 4 39.00' 08'24 00 E '05, * 00-E 32.67Â· N 08 22-001 N././0.11 5 CASTLE CREEK so 00'00-W 70,03Â· N 01'00'00-E 55.93 79~ -=ca~~~ 3> 29.00Â· Â·/0 .1 1Nmd013A30 AlINI'lme #>. NadSÂ¥ dO 1110 4102 I # f 100 / G3A1333B GATEWAY ASPEN LLC 605 W MAIN ST STE 2 9001 ASPEN CO 81611-1648 DATE 1~11 . PAY TO THE / ' -6 of As?c A ORDER OF ~/1 . 1 $ 3,5/ 5,$0 31.râ€ž, 4 QLLÂ»,1 1 ~LU f 4,"1 / 800.rmÂ¥ f~lu.Â®i /40 -AHS 0.1011,~B.t. a ... [53bank All of [53 serving youÂ® MEMO 91,8 2 R u~A" lots#-f - 1~4 f 4 1: 10 20000 2 M 1254017615937 4001 Jam Free Printing I www.avery.com Use AveryÂ® TEMPLATE 5160Â® 1-800-GO-AVERY Attachment 11 31 ASPEN VILLAS LLC 5 STRING LLC 834 WEST HALLAM ASSOCIATES LLC 4 JACKSON DR PO BOX 1709 200 E MAIN ST ACTON, MA 01720 GATLINBURG, TN 37738 ASPEN, CO 81611 , AARONS MARTHA REV TRUST ALDERFER JOHNNIE MAE ANDERSON ANGUS A 100 N 8TH ST#26 PO BOX 10880 277 WILLITS LN ASPEN, CO 81611 ASPEN, CO 81612 BASALT, CO 81621 ARETZ REALTY INC Ii 'ASPEN COLORADO LLC ASPEN SQUARE CONDOASSOC INC 4725 S MONACO ST #330 , |100 N 8TH ST #5 617 E COOPER 11 DENVER, CO 80237 i ASPEN, CO 81611 ASPEN, CO 81611 ASPEN TOWNHOME LLC ASPEN VILLAS CONDO ASSOC INC 1 ATKINSON SUZANNE E 2151 ROCKCRESS \NY SHERMAN & HOWARD LLC 100 N EIGHTH ST#19 GOLDEN, CO 80401 201 N MILL ST #201 ASPEN, CO 81611 ASPEN, CO 81611 BECKER RACHEL 25% BELL MOUNTAIN TRUST BENDON CHRISTOPHER J 1000 PARK AVE PO BOX 2792 920 W HALLAM ST NEW YORK, NY 10021 : ASPEN, CO 81612 ~ ASPEN, CO 81611 BEN-HAMOO PATRICE CONYERS BLAIR ALISON &WINFORD R 1 BLANZ JAMES M PO BOX 2902 i 941 W HALLAM 6344 NW 50TH ST ASPEN, CO 81612 'ASPEN, CO 81611 CORAL SPRINGS, FL 33067 BLAU SYLVIA BLUE MARCUS J BORDERICK MARK 1 GROVE ISLE DR #410 910 W HALLAM ST #11 939 W HALLAM MIAMI, FL 33133 , ASPEN, CO 81611 ASPEN, CO 81611-1163 BRADY KAREN KAY BRITTINGHAM JOHN SHELBY BRUFF SHERLYNNE GUEST & HAROLD H 15 CASTLE HARBOR IS 100 N 8TH ST#22 1245 OLD TALE RD FORT LAUDERDALE, FL 333086011 ' ' 'ASPEN, CO 81611 BOULDER, CO 80303 111 BRUNT FAMILY LIMITED PARTNERSHIP BUDD MARTIN 50% CITY OF ASPEN 3814 CROWN BAY 215 OCEAN DR WEST 130 S GALENA ST ST THOMAS VIRGIN ISLANDS 00802, STAMFORD, CT 06902 ASPEN, CO 81611 CKS ASPEN LLC COHEN SANDRA REV TRUST COX BRANDON 1767 E MCMILLIAN ST 901 W FRANCIS ST FERTIG DALE M CINCINNATI, OH 45206 ASPEN, CO 81611 1009 S E 2ND ST FORT LAUDERDALE, FL 33301 AMBAV-09-008- L 9 ~29 </4Â®091Â§ aividuwai Â®A,eAv esn -001.â‚¬: m,A>12AW ~~~ Ilia-kâ€¢~inleâ€¢Al AA AA Bulluuel ae/:1 luer Jam Free Printing - www.avery. com ~ AVERYÂ® 5160Â® Use AveryÂ® TEMPLATE 5160Â® 1-800-GO-AVERY CROSSETT JENNIFERA DEPAGTER JACOBUS ADRIAAN DITTMAR KRISTIN MURRY SHAWN P PO BOX 182 945 W HALL-AM AVE 1333 E 3RD AVE ASPEN, CO 81612 ASPEN, CO 81611 DENVER, CO 80218-3906 I 311 ECKART CHARLES F ", EIDSON JOY REVOCABLE TRUST FELDMAN CHESTER 119 MAPLE LANE 100 N 8TH ST#9 PO BOX 8193 ASPEN, CO 81611 ~ASPEN, CO 81611 ASPEN, CO 81612 111 111 ~FOREST SERVICE ASPEN FRANCIS. STREETÂ· LLC FRASER KRISTINA B & GOLDSTEIN HEADQUARTERS PO BOX 1365 JEFFREY S UN]TED STATES FOREST SERVICE ~ ASPEN, CO 81612 1025 S RACE ST DENVER, CO 80209 i GA8EL PAMELA SUE .~ Â· GELLER SCOTT GRANS JONATHAN 943 W HALLAM Â·. ,4755 SUMMERLIN RD #1 100 N 8TH ST UNIT 1 ASPEN, CO 81611 i. FORT MYERS, FL 33919 ASPEN, CO 81611-3145 GILES NATHAN R GORTAN TIZIANO & ENRICA U GREGORY KIRK NOURIAN NASIM ' ' 260 COLUMBINE CT , GREGORY PETRA 1380 WAUTO DR ' .7 BASALT, CO 81621 ~ PO BOX 10055 TEMPE, AZ 85284 1 ! ASPEN, CO 81612 El & M REALTY LLC * i HARPER DONNA M REVÂ·TRUST i HATCH DEBORAH SMITH REV TRUST 50% 814 W BLEEKER ST #C2 1, 27 PELICAN PL ,, PO BOX 12366 ASPEN, CO 81611 BELLEAIR, FL 33756 , ASPEN, CO 81612 1 1 HEISLEY MICHAEL E TRUST 1 KEILIN KIM MILLER TRUST KENNER SAMUEL 70 W MADISON ST #5600 ~ 'PO BOX 10064 1 GROVE ISLE DR #410 CHICAGO, IL 60602 i ~ASPEN, CO 81612 MIAMI, FL 33133 r1 KLUG WARREN E & KATHLEEN M KOSFIELD ASPEN LC KURTZ KAREN L QPRT 100. N 8TH ST #3 100 SE SECOND ST #2800 17358 S MCKENNA DR ASPEN, CO 81611 : MIAMI, FL 33131 PLAINFIELD, IL 60586 LARNER JACQUELINE L LENK MEREDITH LEVINE MICHAEL A 376 DAHLIA PO BOX 4415 3500 MYSTIC POINTE DR #1408 DENVER, CO 80220 ' ASPEN, CO 81612 AVENTURA, FL 331802581 LRG PROPERTY TRUST LUU TONG KHON MADSEN GEORGE W JR & CORNELIA G 1100 CAMELLIA BLVD #201 TRAN TUYET LE 931 W FRANCIS ST LAFAYETTE, LA 70508 814 W BLEEKER ST #B4 ASPEN, CO 81611 ASPEN, CO 81611 AM)AÂ¥-09-008-L 9|24<14 Â®0915 31Vld,y31 Â®41@AV @Sfi -nOLC m,111.AW 111 11....â€¢Â£,3.-â€¢AA ./.A Bulluu.I ee.N luer Jam Free Printing www.avery.com ~ #MERNÂ® 5160Â® Use AveryÂ® TEMPLATE 5160Â® - 1-800-GO-AVERY MANDERSON NANCY R 50% ' MANIE MYCHAL B MARKEY PETER & CHRISTINE 2212 RICE BLVD ' 4589 SILVER DALE CT 922 W HALLAM HOUSTON, TX 770052628 CASTLE ROCK, CO 80108 ASPEN, CO 81611 MATTHEWS DEE R MCNAIR STEPHEN & STACY MCNUTT LEXI & RAY '" ' 5121 52ND ST NW 2 STILLFOREST PO BOX 9667 2Â· WASHINGTON, DC 20016-4379 HOUSTON, TX 77024 ASPEN, CO 81612. MCTAMANEY ROBERT A Ill 2012 FAMILY MENDELSON CLIFFORD ~ t MINNESOTA MATERNAL 1 - Â·1' TRUST 4807 CUMBERLAND AVE FETEL MEDICINE: -.-5 Â·Â·':_r I' ;11'1.:1 KUKIO 72 124 LAE KIKAUA MAUKA ST CHEVY CHASE, MD 20815 ,' ~2115 DWIGHT LN , i .: :'MTÂ·. KAILUA KONA, HI 96740 MINNETONKA, MN 55305 NAFTALIS RICHARD C & ELIZABETH Z NEUMAN JONAH 25% ' OTT JOHN & CAROL M Â«Â·Â·': 5315 ROYAL LN 333 CENTRAL PARK WEST 129 LITTLE ELKCREEK AVE.9 1 . DALLAS, TX 75229 NEW YORK, NY 10021 SNOWMASS, CO 81654-9318Â· OTTEN DOUGLAS & GLENDA , OVERTON PATRICIA J PAFFENDORF PAUL JEFFREY 5103 SEA PINES DR 100 N 8TH ST#24 604 E 1ST ST#B DALLAS, TX 75287 ~ASPEN, CO 81611 [)URANGO, CO 813015704 Â·. jil PITCHFORD BARBARA 1 .PLATERO ERIC P ' PLOTKE ELIZABETH PO BOX 8812 1, 969 TROPIC BLVD 100 N EIGHTH ST #10 ASPEN, CO 81612 DELRAY BEACH, FL 33483 ASPEN, CO 81611: RAKESTRAW RONALD L REALUS TRUST REED BRENT H. 947 W HALLAM ST 814 W BLEEKER Bl 100 N 8TH ST #6 ' ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611-1124 ROTHMAN MARK S & SANDRA C ' RUECKERTWILLIAM SANCHEZ ANDY L & MICHELLE MAINS 100 N 8TH ST #12 850 HULLS FARM RD , PO BOX 1801 ASPEN, CO 81611 SOUTHPORT, CT 06890 ' ASPEN, CO 81612 SANZONE SHERI A SAXON FAMILY DELTA TRUST SHAPIRO MARK 920 W HALLAM ST 6677 S EVANSTON CIR 4554 ROCK RIDGE LN ASPEN, CO 81611 TULSA, OK 74136 AKRON, OH 44333 SHARP DESIGNS INC SHERIDAN DAVID R 11 SHERMAN GARY M 936 W FRANCIS 4539 SILVER DALE CT 100 N EIGHTH ST#4 , ASPEN, CO 81611 CASTLE ROCK, CO 801089039 ASPEN, CO 81611 # AMBAW-09-008-1 /-1 9 iN<, qÂ®09&5 31Â¥id!A!31 Â®bleAv @Sn -nal.c A Abll5l/A\Iky I~ .â€ž....,&,-la........a Suiluill @eN luer fmimEFTI Jam Free Printing www.avery.com 1~ #ME[RYÂ® 5160Â® Use AveryÂ® TEMPLATE 5160Â® C======] 1-800-GO-AVERY SHURMAN JOHN & CAROLYN SIEGEL ELIZABETH N & NEIL B STEINBERG EDWARD M & TOMI A 1 100 N 8TH ST #29 100 N 8TH ST UNIT 8 814 W BLEEKER ST #Al 9ASPEN, CO 81611 ASPEN, CO 816113145 ASPEN, CO 81611 STRASSBURGER SARAH E STUART DONA TALENFELD ELIZABETH G 910 W HALLAM ST PO BOX 11733 915 W FRANCIS SI APT 3 ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611-1158 TOPELSON ALEJANDRO TORREANO MARGARET ANN TORREANO MARIE HELEN 4725 S MONACO ST #330 I '814 W BLEEKER ST #E6 5031 BALLARAT LN DENVER, CO 80237-3468 ASPEN, CO 81611 CASTLE ROCK, CO 80108 TRAN HONG HUONG VALLEY MIA C VILLA 15 LLC 50% . 814W BLEEKER ST#Cl 100 N 8TH ST #20 PO BOX 1307 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612 WERNER MICHAEL B iwEST END PROPERTY LLC WEST SOREN P & KAREN C 3800 HOWARD HUGHES PKWY #1230 814 WEST BLEEKER ST #B6 853 PLEASURE RD LAS VEGAS, NV 891695915 ASPEN, CO 81611 ' LANCASTER, PA 17601 WICKERT JILL A TRUST ~ WILLIAMS DAVID A & BONNIE JO WYLY CHERYL R MARITAL TRST 16255 VENTURA BLVD #800 , 100 N EIGHTH ST #18 3905 BEVERLY DR ENCINO, CA 91436 ~ ASPEN, CO 81611 DALLAS, TX 75205 AMEAV-09-008-t C=====1 1 < 29 <2 *09 65 31Â¥IdU\!31 Â®4!em, esn 420915 Â®A&1]3]3*7 ~ LUO:)'LaAe'AAMAA 1-- Bugu!Ad eek! wer -I 0 &17 % 20 14 Â· 46 Ul Attachment 12 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Hillary Seminick/Sara Adams 429.2778 DATE: 8.8.2014 PROJECT: 928 W. Hallam St. REPRESENTATIVE: Patrick Rawley, Stan Clauson and Associates REQUEST: Minor Subdivision - Lot Split DESCRIPTION: The prospective applicant would like to subdivide the property located at 928 W. Hallam St. into 2 fee simple lots. A duplex is currently located on the site. The lot is within the R-6 zone district. Applicant represents that the current property is 16,150 SF in size and proposes a Lot Split form of subdivision to create one 8,866 SF lot and one 7,284 SF lot. The proposed lots must comply with the R-6 zone district requirements, as per Land Use Code Section 26.710.040. Dividing the current parcel into two lots will create a building that spans a parcel boundary, Per Sub-section 26.480.040 D,, Existing Structures, Uses and Non-Conformities, 'the structure or use may continue until recordation of the subdivision plat" or the city may accept some form of assurance to maintain the structure after recordation of the subdivision plat if the building is not demolished. Access to each lot shall be provided via a shared driveway easement from the adjacent alley. The existing curb cut on Colorado Hwy 82 will be removed. CDOT permission for the removal of the curb cut has been obtained and shall be provided to engineering for review. A lot split is a one-step review before the City Council. The approval is reviewed through a public hearing process (inclusive of neighborhood outreach) and, if approved, granted via ordinance. As a side note to the Lot Split discussion, the front lot line for each new lot shall be oriented to Colorado Hwy 82. This shall be considered the front yard orientation for Residential Design Standards and setback requirements when the property is redeveloped. The western portion of the property lies within the Stream Margin Review area. This includes all areas within 100 feet measured horizontally from the high water line of Castle Creek. Any development within this portion of the property would be subject to heightened review procedures and standards set forth in Section 26.435.040 of the Land Use Code. Portions of the property have slopes greater than 20%, which can cause a reduction in allowable floor area up to 25%. A professional site survey will be necessary to determine the areas with steep slopes and potential reductions. Below are links to the Land Use Application form and Land Use Code for your convenience: Land Use App: http:#www.aspenpitkin.com/Portals/0/docs/City/Comdev/Apps%20and%20Fees/2013%20land%20use%20app%20form.p df Land Use Code: http://www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zoninq/Title-26-Land-Use-Code/ Relevant Land Use Code Section(s): ASLU Minor Subdivision - Lot Split 928 W. Hallam St. 2735-123-00-015 1 26.304 Common Development Review Procedures (as applicable) 26.480.030 Procedures for Review 26.480.060.A Minor Subdivision - Lot Split 26.480.080 Subdivision Application Contents 26.575.020 Calculations and Measurements 26.304.035 Neighborhood Outreach 26.710.040 Medium-Density Residential (R-6) Zone District Review by: Staff for completeness, Engineering, City Council Public Hearing: Yes, at City Council Neighborhood Outreach: Yes, prior to the first City Council hearing. Planning Fees: $3,250 Deposit for 10 hours, additional hours billed at $325 per hour. Any unbilled portion of this deposit will be refunded at the conclusion of the case. Additional staff hours, if needed, will be billed at $325 per hour. Referrals: $265 hourly rate for Engineering. Total Deposit: $3,515 To apply, submit the following information: D Completed Land Use Application and signed fee agreement. Il Pre-application Conference Summary (this document). Il Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, 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. U Applicant's name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. m A site improvement survey (no older than a year from submittal) including topography and vegetation showing the current status of the parcel certified by a registered land surveyor by licensed in the State of Colorado. Il HOA Compliance form (Attached) m Documentation showing the proposal meets all Transportation Mitigation Requirements as outlined in the City's Transportation Impact Analysis Guidelines and Mitigation Tool, available online at: http://www,aspenpitkin,com/Departments/Community-Development/Planning-and-Zoning/Recent-Code- Amendments/. A copy of the tool showing trips generated and the chosen mitigation measures should be included with the application. 2 U 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 and relevant land use approvals associated with the property. Il Written responses to all review criteria. 0 An 81/2" by 11" vicinity map locating the parcel within the City of Aspen. U 1 Complete Copy. If the copy is deemed complete by staff, the following items will then need to be submitted: 0 10 Copies of the complete application packet and, if applicable, associated drawings. O Total deposit for review of the application. Â£ A digital copy of the application provided in pdf file format. 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. 3 ........ GATEWAY ASPEN LOT SPLIT A TRACT OF LAND LOCATED IN THE SW1/4 (ALSO KNOWN AS LOT 9), SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH P.M., CITY OF ASPEN, PITKIN COUNTY, COLORADO f HWY 82 HALLAM ST - - 2 - Ne?,9 OF BEARINGS S 75*00'00"E 49Â»9 94.19' --% . 1 1 / G 2 1 05/fasme , -14>140, --- -,U 1 --%---3 10 0 5 10 10.00' - i 1 - - 1 inch = 10 ft. - 1 US. SURVEY FOOT USED - 10' Ela SCALE: 1" = 200' - 1 - - & COMM EASEMENT SEE PLAT BOOK 11 - <h ' --- 69,91, 2 /, AGE 14 - - - - - ATP /--- [N 71'04'W --- 1 - -- 2441 - - --* 103 - - --* \ / --- 0 / -- --- / P.C.= - / --7--37122=fl-1 --- - DRIVEWAY EASEMENT --- Book 11, Pal, 14 AGREEMENT --- FROM HERNDON SUBDIVISION SEE PLAT 11 AT PAGE 14 ~ ~Â·Â·-RECEPTION NO.610646-~ --- PROUTrnÂ£ COMMAAE# j ~- -- [(N 87'23'W) 48.76'] 33.53' , 1 I_ - - - COA GPS MONUMENT ---- - Ii- -- ---- ---- N 89'33'05"E 601.84' FIELD TIE NO. 20 ELEV: 7906.41 ------------ ---- --- STORAGE Approginiate I~ation d 1, // 1 // -- - Â»737"E- --611.62 - - .-I See Note 4) 10, 4, 1 1 J I 1 'til , t: COA GPS i' 11 i \ l \ MONUMENT NO. 9 lilli 111 1 PU '00 / lijit fil' m Lot A -- -- 111111.11 lili 1,1 1 '11 '11 ~ STORAGE P'ji 1 ij' I (to be removed) CERTIFICATE OF DEDICATION AND OWNERSHIP Existing House 10,150 sqft * . DECK KNOW ALL PEOPLE BY THESE PRESEN'IS THAT BRING THE SOLE OWNERS IN FEE FF=7904.31' k r, SIMPLE OF ALL 'I'HAT REAL PROPERTY SrrUATED IN PrrKIN COUNTY, COLORADO DESCRIBED AS FOILOWS: Ch-- PARCEL 1, A TRACT OF LAND LOCATEDIN THE Swl/4 (ALSO KNOWN AS LOT 9), SECHON 12,7OWNSHIP 10 SOUIH, RANGE 85 ~tr~ ~ WEST OF THED 6TH P.M., PITKINCOUNTY COLORADO, MORE FULLY DESCRIBED ASFOLLOWS: lili- . ''(, k HIGHWAY NO. 82 ANDTHEWESTLIET LINE OF THE CrrY OFASPENAS LOCAIED BYTHE 1959 OFFICIALSURVEY BEGINNING AT THEPOINT OF THEINTERSECTION OFTHENOREHERLY RIGHrOF WAY UNE OF COI.ORADO STATE 21 ~ 1 0111\ 1411111+Itll\ ~~~-3-/Â«---. 3 OF SAID CrrY; THENCE NORTH 7 DEGREES 53'16" EASP ALONG SAID WEST LOEr LUIE, 8 FEET TO A POINT ON THE STREETS 10.58 FEET: THENCE NORâ„¢ 10 DEGREES 15'EAST 95,8 FEEn THENCE NORTH 87 DEGREES 23'WEST 8 /1/1 ~11~ //11/1:/ 2 Â£ Ill 2 2/ ~11, . ,/t- NORIHLINEOFHALLAM Sâ„¢EET: 1'HENCE NORâ„¢ 75 DEOREES 10' WE51'ALONGTHENORnZIINEOFHALLAM ASPEN/ MrKIN COMMUNITY DEVELOPMENT DECK 167.44 FEET MORE OF LESS TO mm EASTERLY LINE OF AN EXImING SERVICE ROAD; FIENCE SOUIH 1 DEGREE 11 1 1 WESTAI.ONG THE EASTERLY LINE OF SAID ROAD 70.03 FEET MORE OR IESS TO A POINT ONTHE NORI'HERLY O 1 '/ 1 Top of Wope RIGHT OF WAY LINE OF COLORADO STATE HIGHWAY 82; THENCE SOUâ„¢ 75 DEGREES 10' EASTALONG SAID DEPARTMENT APPROVAL RIGHr OF WAY LINE 166.09 FEET, MORE OF LESS, TOTHE POINT OF BEGINNING. r-1 PARCEL 2: THIS GATEWAY ASPEN LOT SPLIT WAS REVIEWED AND APPROVED BY THE = v co~uumT,DmFLopMENTD=Ic,=e on,m alÂ·YOFAspEN â„¢]s .0 ) Lot B e PARCEL"C", ACCORDING 101501,NSTAMENDMENT 70 772 HERNDON SUBDIVmIONRECORDED FEBRUARYN, -AYOF ,2014. 0 1981 IN BOOK 11 ATPAGE 14. 9 6,000 aq R * 0 8 n CrrY OF ASPEN COMMUNITyDEVELOMENTDRECTOR - 3 9 40 COUNTY OF PrrKIN 0 STATE OF COLORADO S 75'09 E 166.09 E 166 09) ~ CON,ADIING: 16,150897'+/,0.370ACRES+/- \ N 74'57'17" W .lu b ANDTHAT SAIDOWNERS HAVEBYTHESE PRESENT LAID OUr, PLATTED AND SUBDIVIDED THE SAME INTO IBIE CITY ENGINEER REVIEW 0 4 0 AND BLOCKASSHOWN HEREON AND DESIGNATETHE SAMEAS GATEWAY ASPEN LOT SPUT, A SUBDIVISION IN --\ \\ - 0 THE CrrY OF ASPEN, PrrKIN COUNTY, COLORADO, AND DO HEREBY ACCEPT THERESPONSIBILMY FOR THE THIS GATEWAY ASPEN LOT SPLrr WAS REVIEWED BY THE CITY COMPLEMON OF REQUIRED IMPROVEMENTS: AND DO HEREBY DEDICATE AND SET APART FROM ALL OFTHE 01\\\\ , - PUBLICROADS ANDOEHERPUBLIC IMPROVEMENTS AND PLACES AS SHOWNON THEACCOMPANYING PLAT TO THE ENGINEER OF THE CrIY OF ASPEN THIS ___~DAY OF , 3 2 2014. ~ USE OFPUBLICFOREVER: AND DOHEREBYDEDICA]E,NOSEPORnONS OF SAID REAL PROPERTY WHICHARE 0-1 4-- f - f, 120.29' PURPOSE SHOWN HEREW, U,ILESS 07NERW]SE EXPRESSLY.FROVIDED â„¢EREON: AND DOHEREBY GRANT â„¢E CrrY ENGINEER RIGHT TO INSTALL AND MAINTAIN NECESSARY STRUCIURES 1'01'HE ENTITY RESPONSIBLE FOR PROVIDING THE SERVICES FOR W~CH THE EASEMENTS ARE E8rABLISHED. / CREATED AS EASEMENTS ON THE ACCOMPANYING PLAT TO THE PUBLIC FOREVER AS EASEMENTS FOR THE EXECUED 7703 DAY OF , A.D. 2014 BY: 77TLE CERTIFICATE - STATE OF COLORADO ) THE UNDERSIGNED, A DULY-AUTHORIZED REPRESENTATIVE OF 0 '88 COUNTr OF PriKIN ) ., WHICH ISREGISIERED TODOBUSINESS -flge 9 THE FOREGOING CER'IIFICATE OF DEDICATION AND OWNERSHIP WAS ACKNOWLEDGED BEFORE ME THIS _ DAY IN PTIKIN COUNTY, COLORADO DOES HEREBY CERZIFY THAT THE OWNERS OF THE PROPERTY HOLD FEE SIMPLE TrILE TO THE (S 75'10' * . CALC -- OF -. AD., 2014, BY PROPERTY. THE LAND IS FREE AND CLEAR OF ALL LIENS, TAXES, AND -I See Pht Book 48, Pa* 43 Status of Ownership Unlmown ENCUMBRANCES, EXCEPTAS SHOWN HEREON. Ofas.Â»Â»/2 - + MY COMMmSION EXPIRES: WnNESS MY HlND AND OFMCIAL SEAL DAâ„¢D ]ES DAY OF A.D. 2014. (N 7510'W 10.58) (SEAL) BY: N 75.09'11"W 7.44' CALC. NOTARY PUBUC mLE: -- NOTES 0 6114 04 7'53'16"E 8.00') RECORDERS AND CLERK CERTIFICATE ASPEN CITY COUNCIL APPROVAL 1.) THE PURPOSE OF THIS PLAT IS TO ESTABLISH A LOT SPIA OF 16,150 SQ. FT. PARCEL INm A 6,000 SQ. FT. ImANDA 10,150 SQ. FT. LOT. WEST**~HIGHWAY P.O.B. THIS GATEWAY ASPEN I,Or SPUr WAS APPROVED BY THE CrrY OF ASPEN CrrY COUNCIL ON 1118 -MY 2.) ALL INFORMATION FOR THIS SURVEY IS BASED ON 'ITILE COMMnMENT FILE NO. niIS GATEWAY ASPEN LOT SPLrr IS ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER OF 7.19' CALC. OF , 2014, BYORDINANCE NO. , SERIES OF 201_ RECORDED INEE 01330-43845 BY SIEWARTmLE GUARANTy COMPANY WrrH AN EFFECTIVE DATE OF OFFICE OF l'HE CLERK AND RECORDER OF PrrKINCOUNTY IN BOOK .AT PAGE AS RECEPHON JULY 2, 2014 AND AN IMPROVEMENTTOPOGRAPHIC SURVEY BY ASPEN SURVEY PAGE- AS RECEFMON NO. 60,4,W'z SIREE't NO. 82 PrIKIN COUNTY, COLORADO, THIS DAY OF , 2014, IN PIATBOOK .ON NO. . ENGINEERS, INC., DATED 7/2014, JOB NO. 10357C SURVEYOR'S CERTâ„¢ICATE 3.) NO FIELD SURVEY WAS DONE BY THIS SURVEY OR FIRM. ALL IMPROVEMENTS AND I, SCOTT R. BIACKARD, DO HEREBY CERIIFY â„¢AT I AM A PROFESSIONAL LAND SURVEYOR LICENSED CLERK AND RECORDER MAYOR TOPOGRAPHY ARE BASED ON SAID SURVEY BY ASPEN SURVEY ENGINEERS. UNDER THE LAWS OF THE STATE OF COLORADO, AND â„¢ATâ„¢]SPIAT.ISA â„¢UE, CORRECâ„¢DAND COMPLETE PLAT OF GATEWAY ASPEN LOr SPrr AS LAID Our, PLATIED, DEDICATED AND SHOWN HEREON, 4.) APPROXIMATE I.OCATION OF ACCESS EASEMENT ON LOT B FOR BENEMT OF LOT A. THAT SUCH PLAT WAS MADE FROMANACCURATE SURVEY OF SAID PROPERTY BY ME, OR UNDER MY DAYE: PROJ. 14089 ATIESn 5.) CONTOUR INTERVAL IS ONE FOOT. SUPERVISION, AND CORRECILY SHOWS THE LOCATION AND DIMENSIONS OF THE LOTS, EASEMENTS AND DATE: 9 /27 /14 STREEm OF SAID PLAT. 6.) THIS PROPERTY IS SnUATED IN ZONE "r (AREAS DETERMINED TO BE OUISIDE DWG BY: SRB 500-YEAR FLOODPIAIN)ASSHOWNONFI,OODINSURANCERA'IEMAPPREPAREDBY O REV: 10/17 /14 /~ 34 0 IN WrINESS WHEREOF, I HAVE SET MY HAND AND SEAL THIS _ DAY OF F.E.MA, FOR PITKIN COUNM COLORADO, COMMUNnY-PANEL NUMBER 08097(30204 g *216 EFFECIWE DAm:JUE41987 21 z GATEWAY ASPEN LOT SPLIT REV: 7.) THIS PROPERTY LES ENTIRELY OUTSIDE OF THE CrrY OF ASPEN MUDFLOW HAZARD NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE AREAAS DEFINED BYTHE CITY OF ASPEN MASTER DRAINAGE PLAN, PROJECT NUMBER 127 E. STJASTREET SCOTT R. BLACKARD RLS. 38342 A TRACT OF LAND LOCK[ED IN THE SW1 /4 (ALSO KNOWN AS LOT 9), 1 ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY 1963, FIGURE ES-15. RIFLE Â¢0*1650 PROFESSIONAL LAND SURVEYOR SECTION 12, TOWNSHIP lo SOUTH, RANGE 85 WEST OF THE 6TH PM,, Of' WITHIN THREE YEARS AFTER YOU FIRST DISCOVERED SUCH 9701625-3711 DEFECT. IN NO EVENT, MAY AN ACTION BASED UPON ANY' U U U CITY OF ASPEN, PITKIN COUNTY, COLORADO DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. ADDRESS: 928 HALLAM STREET ER PLAN 17.04' 52.99' ........ GATEWAY ASPEN LOT SPLIT A TRACT OF LAND LOCATED IN THE SW1/4 (ALSO KNOWN AS LOT 9), I SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH P.M., CITY OF ASPEN, PITKIN COUNTY, COLORADO 5 1- HWY 82 25 I ///Â» F------- HALLAM ST -- / 1 ---SAS/s / S 75'00'00" ~-2 --5 898/NGS # 190 9%~ CO / 1 c 94.19' - --- 1 ----- 1 low *r 0 5 10 10 1 - 1 inch = 10 ft. . - - 1 1 - US. SURVEYFOOT USED VICINITY MAP - -*I 10' ELEC ------ SCALE: 1" = 200' - 2 1/ - - APP 1 4. f - - AGE 14 t - --- [N 71*04'W - 1 -- %% 0 \ 444 f - W - - - --- ----- 103.442 - f --- /// Parcel "C" - DRIVEWAY EASEMENT-1 -7 - ----- ALLEr BLOCK ~ - Book 11, Pi, 14 - - ~ ~- RECEPTION NO.610646 ~ w. 20.86' r AGREEMENT 11 --- 40 1., FROM HERNDON SUBDIVISION (SEE PIAT 11 AT PAGE 14) FROM mLE COMMZTMENT [04 87'23'W) 48.76'] 34,32, ---- -L - il- COA GPS MONUMENT NO. 20 ELEV: 7906.41 - -- -0. - -- ---- ---- _N 89'33'05"E 601.84' FIELD TIE / RECEWED .~ (/2 14 ---------- ---- STORAGE Approximate Incation of 07 31 2014 See Note 4) \ - -tioG;7- -11Â£67- - -- e e COA GPS / --- MONUMENT NO. 9 CNY OF ASPEN ~ ~ ~ Int A - --- Existing House 10,076 sq R * COâ€¢*Mt. IN,TY Â®mL~MENT STORAGE ~ % - 1 f 1 j 1 1. ) (to be removed) 01 m 1 1 1 * 9 CERTIFICATE OF DEDICATION AND OWNERSHIP 1 // 4 2 DECK 3 KNOW ALL PEOPLE BY THESE PRESENTS THAT BENG 7'HA: .qnr.FC nwimP.e TNFEE SIMPLE OF ALL l'HAT REAL PROPERTY SrrUATED IN PrrKIN COUNTY, COLORADO DESCRIBED AS FOLLOWS: - FE=7904.31' - PARCEL 1: 6 ATRACTOFIANDI,OCATED â„¢THE SWi/4 (ALSOKNOWN AS LOT,),SECTION 12. TOWNSHIP 10 8OUIH,RANGE 85 WEST OF THE 6â„¢ P.M., PrrKIN COUNTY COLORADO, MORE FULLY DESCRIBED AS FOLLOWS: 1 5 HIGH,VAYNO. 821,IVD 77Â£E IVESTLIMTTLINE OF THE CM'Y OFASPENAS LOCAâ„¢DBYâ„¢E 1959 OFMCIAL SURVEY BEGINNING AT THE POINT OF THE INTERSECTION OF THE NORTHERLY RIGHrOF WAY UNE OF COLORADO SIATE I < OFSAID CITY;Â· mENCE NORâ„¢ 7 DEGREES 53'16"EASTALONO SAID WESTI.am'UNE, 8 FEETTOAPOINTON TNE NORTH LINE OF HALLAM 51'REET; THENCE NORTH 75 DEGREES 10' WESTALONGâ„¢ENORTH UNE OFHALLAM p STREET 10.58 FEET; THENCE NORIH 10 DEGREES 15' EAST 95.8 FEET; â„¢ENCE NORIN 87 DEGREES 23' WEST 0, DECK WEST ALONG THE EASTERLY LINE OF SAID ROAD 70.03 FEEr MORE OR LESS ID A POINT ON THED NORTHERLY 0 167.44 FBET .MORE OF LESS 70 77Â£E EASâ„¢RLY LINE OFANE:7377NO SER'WCE ROAD; 771ENCE SOU,7,1 DEGREE ASPEN/PITKIN COMMUNrrY DEVELOPMENT b P 11~ 1# 4 RIGHT OF WAY LINE OF COLORADO STATE }nOHWAY 82; THENCE SOUIH 75 DEGREES 10' EASTALONG SAID DEPARTMENT APPROVAL 011 8 RIGHTOF WAYLINE 166.09 FEET, MORE OF LESS 7D 7HEPOLEOF.BEGUVNING. â„¢73(MEEWAYASPENLOTSPLITWASRE;2Â»ZO,ANDAPPROVEDBYâ„¢E (f) \ \\ Lot B g PARCEL"C",ACCORDMOYOâ„¢EMESTAMENDMENT10â„¢EHERND0NSUBDIV1810NREC0RDED FEBREMRYN, 1,2 2/1 fu COMMUNITY DEVELOPMENT DIRECTOR OF THE CrMY OFASPEN THIS -DAY OF ,2014. 6,000 sq R* S 75*09 1981 IN BOOK 11 ATPAGE 14. 4 % STATE OF COI.ORADO e CITY OFASPEN COMMUNITY DEVELOPMENT DIRECTOR - fsÂ· 4000* COUNTY OF PrrKIN i /~11 0 rr â‚¬ CONTAINING: 16,150 SQ FT+/; 0.370ACRES +/- N 74*57'17' W ~ 119.49' / 34 b b9 000 AND 7NAT SAID OWNERS HAVE BY lNESE PRESENTIAID OUT, PLATâ„¢D AND SUBDIVIDED THE SAME INTO LOTS CITY ENGINEER REVIEW 0 0 AND BLOCK AS SHOWN HEREON AND DESIGNATE THE SAME AS GATEWAY ASPEN LOT SPUT, A SUBDIVISION IN \%\ THIS GAâ„¢WAY ASPEN LOT SPUr WAS REVIEWED BY THE CITY COMPLEMON OF REQUIRED IMPROVEMENTS: AND DO HEREBY DEDICATE AND SEr APART FROMALL OF THE ENGINEEROF THE CrrY OF ASPEN THIS ,DAYOF , - 27Â£ECITYON'ASPEIV; PTnUNCOUNrn COLORADO, AlliDDOHEREBYACCEPT~HE,2ESPONSIBILITY.F[)1215Â£E 2014. CREA]EDASEASEMEN,EONâ„¢BACCOAGM.lm]FOFLAT70â„¢1!PUBLEFOREVERASEASEMENmFORâ„¢E PUBUC ROADS AND OrHER PUBUC IMPROVEMENTS AND PLACES AS SHOWN ON THE ACCOMPANYING PLAT TO THE USE OF PUBLIC FOREVER: AND DO HEREBY DEDICATE THOSE PORITONS OF SAID REAL PROPERTY WHICHARE \\ 1\ i i / 9 / PURPOSE SHOWN HEREIN, UNLESS OI'HERWISE EXPRESSLY PROVIDED THEREON: AND DO HEREBY GRANTTHE CrrY ENGINEER SERVICESFORWH]CHâ„¢BEASEMENTBAREESâ„¢RUSHED. RIGHI'TO INSrALL AND MAINTAIN NECESSARY SINUCTURES TO THE ENTrrY RESPONSIBLE FOR PROVIDING THE EXECUâ„¢D TES DAYOF , All 2014 '1 - BY: TITLE CEREFICATE --- SIATE OF COLORADO ) -8 77Â£E UNDERSIGNED, A DULY-AUTNORmED REPRESENTA,!VE OF --- , WHICH IS REGETERED TODOBUSINESS -fc/ge (Status of Ownership Unknown) Apparent OveÂ® COUNTrOFFTIKIN ) IN PrrKIN COUNTY, COI,ORADO DOES HEREBY CERIWY 'IHAT THE OWNERS OF THE PROPERrY HOLD FEE SIMPLE 'ImE TO THE ~ of -Castig_fret.-frldge (S 7~: ; 166.09, Seept~Bock48,Pe*45 THE FOREGOING CERIVMCATE OF DEDICATION AND OWNERSHIP WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF .AD.,2014, BY PROPERTY. THE LAND IS FREE AND CLEAR OF ALL LIENS, TAXES, AND 10 E 166 CALC - ~ MY COMMISSION EXPIRES: ENCUMBRANCES, EXCEMAS SHOWN HEREON. .09) WrENESS MY HAND AND OFFICIAL SEA~. DAâ„¢D 171]S DAY OF A.0.2014. - N 73*52'58' W (N 7510'W 10.58) NWARY PUBLIC TmE: 3.51' COLORAD----- S 10'15'00' W --* N 75'09'11"W 7.44' CALC. 0,33' - NOTES ASPEN CITY COUNCIL APPROVAL 1.} THE PURPOSE OF THIS PLAT IS TO ESTABLISH A LOT SPUr OF 16,150 SQ. FT. PARCEL Wksr (N 753'16"IE 8.00') RECORDER'S AND CLERK CERTIFICATE INTO A 6,000 SQ. FT. IST AND A 10,150 SQ. FT. IOT. O STAITEAMIGHW~NO. 82 P.O.B. 7.19' CALC. THIS GATEWAY ASPEN LOT SPLIT WAS APPROVED BY THE CrrY OF ASPEN Crri COUNCIL ON THIS ____DAY 2.) ALL INFORMATION FOR THIS SURVEY IS BASED ON mLE COMMTI'MENT FILE NO. THIS GATEWAY ASPEN LOT SPLIT IS ACCEMED FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER OF OP , 2014, BY ORDINANCE NO. , SERIES OF 201_ RECORDED INTHE 0133043845 BY SIEWARr TrILE GUARANTY COMPANY WrrHAN EFFECTIVE DATEOF PrIEIN COUNTY, COLORADO, THE DAY OF .2014, INPIATBOOK -. ON PAGE AS RECRVITON NO. ~~ICE OF THE CLERK AND RECORDER OF Pm[IN COUNTy IN BOOK . AT PAGE . AS RECEMION 121122 %5,t&%29%%~'~OP~,G~CC SURVEY BY ASPEN SURVEY 60'40, k 87*887 SURVEYOR'S CERJYFICATE 34 NO FIELD SURVEY WAS DONE BY l'HIS SURVEY OR FIRM. ALLIMPROVEMENTS AND I, SCOTT R BIACKARD, DO HEREBY CER,IFY THAT I AM A PROFESSIONAL IAND SURVEYOR LICENSED CIERKAND RECORDER AÂ£4YDR TOPOGRAPHY ARE BASED ON SAID SURVEY BY ASPEN SURVEY ENGINEERS. UNDER THE LAWS OF THE STATE OF COLORADO, AND â„¢ATTHIS PIATISATRUE, CORRECIED AND COMPLETE PLAT OF GATEWAY ASPEN LOT SPrr AS IAIDOUT, PLATIED, DEDICATED AND SHOWN HEREON, 4.) APPROXIMATE LOCAnON OFACCESS EASEMENTON LOTB FOR BENEMTOFLOTA THAT SUCH PLAT WAS MADE FROM AN ACCURATE SURVEY OF SAID PROPERTY BY ME, OR UNDER MY PROJ. 14089 DATEÂ· ATIESR SUPERVISION, AND CORRECILY SHOWS THE WCATION AND DIMENSIONS OF THE InTS, EASEMEN'IE AND DATE: 9 /27 /14 5.) CONTOUR INTERVAL IS ONE FOOr. SINBETS OF SAID PLAT. 64 THIS PROPERTY IS SrrUATED IN ZONE T (AREAS DETERMINED TO BE OUISIDE 4404 sumâ€¢* DWG BY: SRB 500-YEAR FLOOD PLAIN)AS SHOWNONFLOODINSURANCERAn, MAPPREPAREDBY Q' IN WmIESS WHEREOF. IHAVE SETMYHAND AND Sau â„¢18_ DAYOF_~ A.D. 2014, 0~ ~RACI' OF LAND LOCATED IN THE SW1/4 (ALSO KNOWN AS LOT 91 1 EFFECAVE DAm JUNE 4,1987 2 REV: 10/17/14 F.E.MA., FOR PrrKIN COUNTY COLORADO, COMMUNTrY-PANEL NUMBER 08097Â£0204 C, 4 4 7.)THIS PROPERTY LIES ENTIRELY OUrSIDE OFTHE CrrYOFASPEN MUDFLOW HAZARD ~ SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE, 6TH P.M., GATEWAY ASPEN LOT SPLIT REV: 12/31/14 ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY 1963, FIGURE ES-15. NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE AREA AS DEFINED BY THE CrrY OF ASPEN MASTER DRAINAGE PLAN, PRGJECT NUMBER TREET SCOTT R. BLACKARD RLS. 38342 RIFLE 8. 81850 PROFESSIONAL LAND SURVEYOR WITHIN THREE YEARS AFTER YOU FIRST DISCOVERED SUCH 970-625-3711 DEFECT. IN NO EVENT, MAY AN ACTION BASED UPON ANY of DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS UUV CITY OF ASPEN, PITKIN COUNTY, COLORADO 1 FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. ADDRESS: 928 HALLAM STREET