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HomeMy WebLinkAboutcoa.lu.pu.Moore PUD insub.A07102 r"\ CASE NUMBER PARCEL ID # CASE NAME PROJECT ADDRESS PLANNER CASE TYPE OWNER/APPLICANT REPRESENTATIVE DATE OF FINAL ACTION CITY COUNCIL ACTION PZ ACTION ADMIN ACTION BOA ACTION DATE CLOSED BY IJ A071-02 2735-141-11109 Lot 9, Block G Moore Family PUD Building Envelope Adjus Lot 9, Block G Moore Family PUD James Lindt PUD Amendment Steve Crown Eric Smith 9/26/02 Approved- Plat Record 9/27/02 J. Lindt ~ , 1 r-\ ~ 1 <k , id t{le(~ f"""1 i) MEMORANDUM To: Bill Kane From: James Lindt, Planner GL--- Date: September 4, 2002 Re: Lot 9, Block G, Moore PUD Building Envelope Adjustment- Community Development Department's Comments Please make the following changes to the Block 9 Plat: 1. Include a signed title certificate. 2. Change the name of Serviceberry Drive to Five Trees Lane (change. approve per City Council Resolution No. 76, Series of2001. 3. The City Engineer's signature block needs to be changed to read "Community Development Engineer". 4. Notary Stamps are required on the Mylars rather than on stickers attached to the Mylars. 5. Obtain all signatures with the exception of the City Community Development Director, Community Development Engineer, and Pitkin County Clerk and Recorder prior to submitting mylars to Community Development Department. ;Ii l""1, ~ /; 130 S. Galena SI. Aspen CO 81611 (970) 920-5090 (970) 920-5439, fax City qf Aspen Comrtlunity Development Department Fax To: Frank Visconti From: Sarah Oates, City Zoning Officer Fax: (212) 334-3339 Pages: 2 Phone: Date: September 5, 2002 Re: Plat Revisions CC: o Urgent o For Review o Please Comment 0 Please Reply o Please Recycle . Comments: Attached are staff comments regarding the plat submitted for Lot 9, Moore PUD. I spoke with Bill Kane this moming and he asked that I pass the necessary revision along to you as he is out of town until next Wednesday. Please let me know if you have any questions. Thanks. TO: FROM: RE: DATE: COMMENTS: f"""1 t"") MEMORANDUM Plans were routed to those departments checked-off below: X ........... Community Development Engineer 0........... Zoning Officer 0........... Housing 0........... Parks Department 0........... Aspen Fire Marshal o ...........City Water 0........... Aspen Consolidated Sanitation District 0........... Building Department 0........... Environmental Health o ........... Electric Department o ........... Holy Cross Electric o ........... City Attorney 0........... Streets Department 0........... Historic Preservation Officer 0........... Pitkin County Planning James Lindt, Planner Community Development Department 130 So. Galena St.; Aspen, CO 81611 Phone-920.5095 Fax-920.5439 Lot 9, Block G, Moore PUD August 30, 2002 Please review and return comments by September 6, 2002. Thanks, James 1"'\ .- C ..,/~ FIGURE ENG-1: SURVEY PLAN REQUIREMENTS Except where noted. the survey plan requirements apply both to (1) surveys that accompany building plans and (2) condominium plats. ~ Survey type; as requested by Client ~urveyor's name address and phone number ~ey performed or verified within the last 12 months c.---Surveyor's certificate with the signature and stamp. (Certificate language must include that the error of closure is better than 1:10000.) b---1J,e boundary of the property. Bearings and distances with the bearings read clockwise. ~Description of all monuments that were found or set. ru..---rOt size ~91e and north arrow ~egend of symbols o Peir;;,t @f 8€gJi~r;liRg (PQ2) graJSRisall~' ~~of Bearings e-'Survey tied to USGS. NGS or local government monument system. ~'39ht-of-way width lY"15roperty access to public right-of-way ~ Label private roads, called out as open or closed ....-Name and date of documents represented by survey. At a minimum, title information is required. tl""'"Setbacks and building restrictions ~verlaps and gores along the exterior of the boundaries. Explain how they were found. }J~ All improvements within five feet of the property boundaries. ? Building location with ties. o Show and reference easements and right-of-ways of record. Provide reception number for easements. Record all property descriptions used on the plat. E Note if an easement or right-of-way cannot be located. -0 Any encroachments into the R.O.W. reception numbers provided for encroachments denoting that an encroachment license exists. Ier- Site topography at 2-ft contour intervals (surveys with bldg plans only) ~f applicable. a slope analysis differentiating between 20-30% slope areas and 30% slope areas w Driveways and roads. g..., Ponds, springs. rivers, cemeteries, etc. V Index of sheets if multiple plan sheets. Include match lines. LCJ/ Water boundary survey method and date with note of caveat. ~ Snow and Trash Storage Areas. Cl-"Vicinity Map (may be placed on other page of plan set.) rE- ZVII\:: B;...,triet- ^ 'ii. Trees: If required by Parks Dept - location, species. and trunk diameter at 4-1/2 ' frOm the ground , -17i (surveys with bldg plans only) CERTIFICATES AND SIGNATURE BLOCKS ON CONDOMINIUM PLATS o Owner's Certificate with owner's signature and notary. o Citv Council Approval with signatures of Mayor and City Clerk (Only on PUD or subdivision plats) o City Enqineer Approval o Survevor's Certificate with signature and stamp of Surveyor o Communitv Development Approval with signature of Com-Dev Department Director o Clerk and Recorder's Acceptance with signature of Clerk and Recorder o Title Certificate with signature of title company President o Leqal Description of Parcel(s) o Easement Description(s) (utility, access. drainage, open area, etc.) o Plat Notes including this note NON-CONFORMING USES - CONDOMINIUMS: City approval of this condominium map does not grant any right to continue any non-conforming installation of features or improvements nor approve any existing or future encroachments. 3 \/ f'"l If8 1"""\ "" 'j ERIC J. SMITH ARCHITECTS Professional Corporation 15 August 2002 City of Aspen Community Development Department 130 Galeana Street Aspen, CO 81611 To Whom It May Concern: We propose to amend the location of the building envelope on Lot 9, Block G, in the Moore FamJy PUD. This is necessary for the following reasons: 1. The access ease~ent for Lot 8, which was amended February 13, 2001 (see B.56, P.62), cut through the original Lot 9 buJding envelope. 2. The access and sewer easement that extended from Serviceberry Drive is now only a sewer easement and no longer provides access to Lot 8 and 9. Our proposal is to relocate the Lot 9 building envelope away from tI,e Lot 8 access easement while maintaining the square footage of the original easement. By vote of the prop~rty owners, approval was granted by the Five Trees Design Review Board. This letter is attached. We reviewed this with Sarah Oates, City Zoning Officer, who informed us that this proposal would be considered an "Insubstantial Amendment" on Ap:rJ 10, 2002. cc: E]S 72 SPRING STREET, SEVENTH FLOOR, NEW YORK, N.Y. IOOL:" (212) 334-3993 PHONE (2IZ) ,B4-3339 FAX APR-10-2002 WED 08:05 Ah FAX ~ LAND USE ApPLICATION PROJECT: P. 03 Name: Mr. & Mrs. Steve Crown Residence Location: Lot 9, Block G. Moore Family P. IJ n (Indicate street address, lot & block number, legal descripOon where appropriate) ApPLICANT: Name: Mr. Steve Crown Address: 685 Ardsley Road. Winnel'b IL 60091 Phonc II: 312-899-5011 REPRESENTATIVE: Name: Eric J. Smi 1'11. Architects (contact: Frank Visconti) Address: 72 Spring Street. New York. NY 10012 Phone #: 212 TYPE OF ApPLICATION: (pleasc check all that apply): D Conditional Use 0 Conceptual PUD D Special Review 0 Final PUD (& PUD Amendment) o Design Keview Appelll 0 Conceptual SPA D GMQS Allotment 0 Final SPA (& SPA Amendment) D GMQS Exemption 0 Subdivision D ESA - 8040 GreenHne, Stream 0 Subdivision Exemption (includes Margin, Hallam Lake Bluff, condominiumization) Mountain View Plane o Lot Split o Lot Line Adjustment o Tcmpol'ary Use o Text/Map Amendment o Conceptual Historic Dcvt. o Final Histnric Devdopmem o Minor Histol'ic Dcvt. o Historic Demolition o Historic Designation o Small Lodgc COliversionl Expans ion Oil Other: Administrative EXISTING CONDITIONS: (description of existing buildings, uscs, previous approvals, etc.) 1 PROPOSAL: (dcscription of proposed buildings, uses, modifications, etc.) Revision of hl1ilrling envelope. Have you attached the following? [i] Pre-Application Conference Summary [lSJ Attachment II], Signed Fee Agreement o Response to Attachment #2, Dimensional Requirements Poml o Responsc to Attachment #3, Minimum Submission Contents o Response to AttacIunent #4, Specific Submission Contents o Response to Attachment #5, Review Standards fur Your Application FEES DUE: $ 680.00 01L19/02 09:59_F4X ~123343339 flPR-l0-2002 1- ED 09: 06 AM'-' FAX NO.) 141002 P. 08 AS1'F.NIPI'UON COMMUNITY DEVELOPMENT DEPARTMENT A.l!:reement for P3V11!.~~t or City of J\!ipl!n llc"clopmcnt ADDlicnlion Fees CITY 01' Ai;N::N (hereinafter CITY) ond Mr. St:eve Crown (hel'einafter '.I'PLlCANT) AGREE AS FOLLOWS: 1. APPl.1CANT has sl.Ibmilled to CITY an application for ~r. & Mrs. Steve Crown Residence (h~'l"Cinafter, HII'! PROJECT). 2. APPLICANT andel'stands and agrees that City of ^,pcn OrdinanCll No. 57 {Series of 200.0) establi~hcs :. fee S1Tuelure for Land Use applications and tile payment of all proccssinB f~es is a condition precedent 10 a detenllinalion of application completeness. 3. Al'PUCANT and CITY agree tllat because of tho size, nature or scope of the proposed pI'oject, it is not pos!ible at this lime 10 ascenain the full extent of the costs involved In processin!: the application. A'PPI.!CA1'1~ and C1TY fLlrther agree thai il is ii, Lne hllerest of the parties that APPLlCANTmake paymel,1 of an initial de?'" il and to tlt=nller per",i! additiollal OOtits to be billed to APPLICANT on ~ lnonthl)' basis. APPJ.lCAN'r agrees additional COSIS mil)' aOO\'lle folJo-ring their ltemngs and/or approvals. A.PPLlCANT agtces be will be benefit.CI by retainillg greater cash liquidity and will ma1<.c additional paY"'lents upon notification by [he CITY wIler I they aN neces.<ary as costs erc incurred. CITY agrees it will be benefilC'cl through the greater ce.l1aillt)l ofrecoveri1LI~ its full costs to ptl:lcess APPLICANT'S application. 4. CITY anCl APPLICANT further asree that it is impracticable fer CITY staff to cllnlplBte processing ("r present sufticicnt infemation to !he Plo:nning Commission andlor City Council 10 enable l.hc PI~l1njng Commissic" andlor City Council to make legally required findings for project consideration, unless currenl bil\ing,s are paiCl in f ~Il prior to decision. 5. Therefore, APP/.TCANT agrees l.hat in COIlsideration. of the CITY's waiver ofilS right to collect run fees prior to a dete!lllination of application eOlJlpleteness, Al'Pl.ICANT shall pay an initial deposit in \lIe amO\lnt of $ 680,00 .__ which is for ..l!..lat Fe!'l}ours of Community Development stllff lim., a11<1 if actual recorded C)sts e)(.COed the initial dep~;t, APPLIC^NT shall pay additional nloothl)' biJIinijs to CITY ~o reimburse the CITY It'f the processin!: of the application mentioned above, including post appttlwl review at a rate on205.00 per planner hOllr over the hlllinl deposit. Such periodic payments shall be made within 30 clays of Ihe billing dale. APPLICA'S:T furlller nsrees that failure to pay such accrued costs shan be grounds for suspccsion of processing, and in nO (llLSe will building pellnm bo iSS\led until .1l'eostS associaled with case processing hav<! been paid. CITY OF ASPEN A I"PLlCANT By: Julk Ann Woods Con'lolUnity Development Director Date: Apr.!!...1, 2002, Malline Add....lI... c/o ~ric J. Smith Architects 72 Spring Street, 7th Floor New York, NY 10012 Attn.: Mr, Frank Visconti g:\suppo rllrOJ'JlJa\agrpayas.doe ItJ 0/01 i 04/02/02 TUE 15:26 FAX 9709256243 ,...., LAND TITLE ASPEN A t d, 't. 'f ,- FAX TRANSMITTAL . COMPANY: ATTENTION: -F /'czn J( h <c:.o/Ji;. PHONE: FAX: 2/2.. ?..?L/ J:f.?cr FROM: LAND TITLE GUARANTEE COMPANY - ASPEIr-J TOM SCHUNEMAN' PHONE: 970-925-1678 FAX: 970-925-6243 NUMBER OF PAGECSl /6 INCLUDING COVER ADDITIONAL INFORMATION: /:-O.M M- ~ ~ 'l!-J1--! .4/01;"/ Ja-.i C;(/ry~ 0--1" ".04_7'- ,I( ~ h--.-- ~ n c--6 14I 001 ? J I ~ 04/02/02 TUE 15:26 FAX 9709256243 LAND TITLE ASPEN 14I 002 , . r'\ j' (") \. ;' 4 ,. land Title Guarantee Company CUSTOMER DISTRIBUTION Date: 04-02-2002 Our Order Number: Q382960-2 Property Address: ASPEN, CO 81611 ASPEN SKllNG COMPANY P.O. BOX J248 ASPEN. co 81612 Attn: BILL KANE Phone: 970-923-875 'I Ct)pi~: 1 St:ilt via US Pm:;hlJ Sel'vice Form DELIVERY 04/02/02 Tlffi 15:26 FAX 9709256243 /""" LAND TITLE ASPEN (""\ " , ' t. land Title Guarantee Company YOUR CONTACTS Date: 04-02-2002 Our Order Number: Property Address: ASPEN, CO 81611 Buyer/Borrower: Seller/Owner: A. STEVEN CROWN AND NANCY C. CROWN *:;J:=I::t::t-****lt::l:.:I:::i::;:***********.:I::*:t:*q;'*****:t::**~***"'***::I:*:;:****'''**It.:.t.:'/=,,****** Note: Once an original commitment has been issued, any subsequent modifications will be elnphasized by underlining or comments. :/:*=i:**l/I*tl~*:I::I:*'I=;r;*lJI***~:**:t.:l:::l:*'r--**l!<**,I'*****"'l!<***:t::t:**:I=*****-*.:I:::I:*:J:******~:f. If YOIl have any inquiries or require further assistance, plea$e contact one of the numbers below: For Closing Assistance: For Title Assistance: Aspen Title Dept. Tom Schuneman 533 E. HOPKINS #102 ASPEN, CO 81611 Phone: 970-925-1678 Fax: 970-925-6243 EMaii: tschuneman@1tgc.com I4J 003 Q382960-2 Need a Illap or directionS for your upcoming c1osiug'! Check out 'Land Title's web site at www.ltgc.com for directions to any ot' our 40 office locations. ESTIMATE OF TITLE FEES TED COIllTnitmellt TOTAL FO.L"m CONTACT 'l'HANK YOU FOR YOUR ORDER! . $:189.00 $:189.00 i U4/U~/U~ TUb li):~'1 l"'A.A. l:I'iUl:I~5lj~4:.s LAND TITLE ASPEN I4J (I(I~ , , ~ 1'"'. A "->:/ . Old Republic National Title Insurance Company ALTA COMMITMENT Our Order No. Q382960-2 Schedule A Cust. Ref.: Property Address: ASPEN, CO 81611 1. Effective Date: February 28,2002 ai 5:00 P.M. 2. Policy io be Issued, and Proposed Insured: "TBD" Commitment Proposed Insured: 3. The estate Or interest in the I.and described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or inte..est covered herein is at tbe effective date hereof ve~ied in: A_ STEVEN CROWN AND NANCY C. CROWN 5. The land referred to in this COInmltment is desctibed "", follows: LOT 9. BLOCK G. THE MOORE FAMILY PUD. A PLANNED COMMUNITY. ACCORDING TO THE PLAT THERBOF RECORDED AUGUST 10. 1998 IN P_LAT BOOK 45 AT PAGE 81 AND THE AMENDED PLAT RECORDED FEBRUARY 14. 200,.101'1 PLAT BOOK 56 AT pAGE 62 UNDER RECEPTION NO. 451473. __ COUNTY OF PITKIN. STATE OF COLORADO ~ " '\:' \", 7"' ." 1""'\ LAND ~lTLE ASPEN ("'\ 141 005 04/02/02 TUE 15:27 FAX 9709256243 ., ""..."', ALTA COMMITMENT (Requirements) Our Order No. Q382960-2 The following are the requirements to be complied with: Payment to or for the aCCOUllt of the grantors or mongagors of the full cOll..<;ideratio:o. for the estare Dr interest to be i J1Sured. Proper instruJlltnt(s) creatiTlg the estate or interest to be insured Tnust be executed aud duly filed for record, to-wit: THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WlLL BE ISSUED PURSUANT HERETO. 04/02/02 TUE 15:2; FAX 9;09256243 LAND TITLE ASPEN I4J 006 .'. ,....,., n .. ALTA COMMITMENT (Exceptions) Our Order No. Q382960-2 The policy or policies to be issued will contain exceptions to t.he following unless the same are disposed 01' Lo the satisfaction of the Company: 1. Rights or claim~ of parties in possession not shown by the public records. 2_ Easements, or claims of easements, not shown hy the public records. 3, Dl$c;rcpancies~ contlicts in boundary Hnes, shortage in area, encroachments, and any facts which a correct b1.lrvey Hnd inspecrion of tbe premises would disclos~ and which are not shown by the public recOI'ds_ 4, Any lien, or l'ight to a lien, for services, labor or material theremfore or hereafter furnished, imposed by law <Lud not shown by the public records_ 5 - Detects, liens, encumbrances, adverse claims or other matters. if any, created, firSt appeariug in the public t'ecords or attaching: subseq utIlt to the effective dare hereof but prior to the dare dJ.e propoged ln6'Uted <lcqrul'es of record tor value the estate Or iuterest or mortgage tilereOll c(lvered by this CoIlllllitll1ent. 6. TaxeEi and aSSessments not yet due or payable and special assessments not yet certified to the Treasurer's office. 7. A uy unpaid taxes or assessments against said land. 8. Lieus for Ullpaid water 'Illd sewer charges, if any. 9. RIGHT OF PROPRlETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE lflS ORE THEREFROM SHOULD TI-IE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 06,1890, IN BOOK 55 AT PAGE 9, RECORDED JANUARY 19, 1892 IN BOOK 55 AT PAGE 20, RECORDED NOVEMBER 29,1892 IN BOOK 55 AT PAGE 34, AND RECORDED AUGUST 26,1911 IN BOOK 55 AT PAGE 191 10_ TERtvlS. CONDITIONS, PROVrS10NS, OBLIGATIONS AND RESTRlCTIONS AS CONTAINED IN RESOLUTIONS BY THE BOARD OF COUNTY COMMISSIONERS OF PITK1N COUNTY. COLORADO, RECORDED AS FOLLOWS: A. RESOLUTION NO. 95-9 RECORDED FEBRUARY 15, 1995 IN BOOK 774 AT PAGE 50_ B. RESOLUTION NO. 95-173 RECORDED OCTOBER 27, 1995 IN BOOK 797 AT PAGE 922 C. RESOLUTION NO. 95-30 RECORDED NOVEMBER 9, 1995 IN BOOK 799 AT PAGE 150 AND RECORDED OCTOBER 25, 1996 UNDER RECEPTION NO. 398334. D. RBSOLUTlONNO. 97.75 RECORDED MAY 8,1997 UNDER RECEPTION NO. 404234. E. ORDINANCE NO. 97.13 ReCORDED JUNE 10, 1997 UNDER RECEPTION NO. 405216. F. RESOLUTION NO. 98-57 RECORDED APRiL 7, 1998 UNDER RECEPTION NO. 415352. U4/U~! U~ TUb l~: 4'( l"AA 1::I'IU~~~lj~4~ LAND TITLE ASPEN i4J OOi '. ~ n , .' .. ALTA COMMITMENT (Exceptions) Our Order No. Q382960-2 The policy Or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: II. TERMS. CONDITIONS, AND PROVISIONS OF SUBDIViDER'S AGREEMENT RECORDED AUGUST 10, 1998, UNDER RECEPTION NO. 420468. 12. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE. AS CONTAINED IN MASTERDBCLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR THE MOORE FAMILy POO, A PLANNED COMMUNITY, RECORDED AUGUST 10, 1998 UNDER RECEPTION NO. 420466. 13. DESIGNATION OF SUCCESSOR AND ASSIGNS OF DECLARANT RIGHTS RECORDED AUGUST ll. 1998 UNDER RECBPTIONNO. 420552. 14. EASEMENTS. RIGHTS OF WAy A1\'D OTHER MATTERS AS SET FORTH ON THE PLAT OF THE MOORE FAMILY P.U.D.. A PLANl'o'ED COMMUNITY, RECORDED AUGUST 10, 1998 IN PL"..T BOOK 45 AT PAGE 81 AND THE AMENDED PLAT RECORDED FEBRUARY 14 2001 IN PLAT BOOK 56 AT PAGE 62 UNDER RECEPTION NO. 451473. 15. TERMS, CONDITIONS AND PROVISIONS OF MASTER DEED RESTRICTIONS FOR AFFORDABLE HOUSING RECORDED AUGUST 11, 1998 UNDER RECEPTION NO. 420489. 16. TERMS, CONDITIONS AND PROVTSIONS OF MOORE PUD PLANNED UNIT DEVELOPMENT GUIDE RECORDED AUGUST 10, 1998 UNDER RECEPTION NO. 420467. 17. TERMS. CONDITIONS AND PROVISIONS OF ORDINANCE NO. 20, SERIES OF 1997, RECORDED AUGUST 11,1998 UNDERRECEPTTON NO. 420479. 18. TERMS. CONDITIONS AND PROVISIONS OF RESOLUTION NO. 9840 RECORDED AUGUST 11. 1998 UNDBR RECEPTION NO. 420480. 19. TERMS, CONDTTIONS, PROVISIONS, EASEMENTS AND RIGHTS OF WAY AS SET FORTH IN C1TY OF ASPEN WATER SERVICE AGREEMENT AND ADDENDUM THERETO RECORDED AUGUST 11.1998 UNDER RECEPTION NO. 420481 AND RECORDED AUGUST l!, 1998 UNDER RECEPTION NO. 420482. 20. TERMS, CONDITIONS, PROVISIONS. EASEMENTS AND RIGHTS OF' WAY AS SET FORTH IN 04/02/02 TUE 15:28 FAX 9709256243 1""'\ LAND TITLE ASPEN A I4J OOS ALTA COMMITMENT (Exceptions) Our Order No. Q382960-2 The policy ur policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of tbe Company: CITY OF ASPEN RAW WATER AGREEMENT RECORDED AUGUST 11, 1998 UNDER RECEPTION NO. 420485. 2]. TERMS, CONDITIONS, PROVISIONS, EASEMENTS AND RIGHTS OF WAY AS SET FORTH IN CITY OF ASPEN PRETAPPING AGREEMENT RECORDED AUGUST I], 1998 UNDER RECEPTION NO. 420486_ 22. TERMS, CONDlTJONS, PROVISIONS, EASEMENTS AND RIGHTS OF WAY AS SET FORTH IN COLLECTION SYSTEM AGREEMENT RECORDED AUGUST 11, 1998 UNDER RECEPTION NO. 420487. 23. TERMS, CONDITlONS, PROVISIONS, BASEMENTS AND RJGHTS OF ,WAY AS SET FORTH IN CITY OF ASPEN PRECONNECTION AGREEMENT RECORDED AUGUST 11, 1998 UNDER RECEPTION NO. 420488_ 24. MEMORANDUM OF UNDERSTANDING BETWEEN THE JAMES E. MOOREFAlvllL Y PARTNERSHIP. LLLP. AND ASPEN SCHOOL DISTRJCT REGARDING AFFORDABLE HOUSING RECORDED AUGUST 11, 1998 UNDER RECEP1'10N NO. 420491. 25. EASEMENT AGREEMENT (UTILITY AND DRA]NAGE) BETWEEN THEJAMESE. MOORE FAMILY PARTNERSHIP, LLLP, AND THE ASPEN SCHOOL DISTRICT RECORDED AUGUST 11,1998 UNDER RECEPTION NO. 420477. 26_ EASEMENT FOR WATER LlNES AND RELATED PURPOSES GRANTED BY THE JAMES E. MOORE fAMILY PARTNERSHIP. LLLP, TO THE CITY OF ASPEN. RECORDED AUGUST 11, ]998 UNDER RECEPTION NO. 420478. 27. TERMS, CONDITTONS AND PROVISIONS OF TRENCH, CONDUTT AND V ArJLT AGREEMENT RECORDED JANUARY 11,1999 AT RECEPTION NO. 426420. 28. TERMS, CONDITIONS, PROVTSIONS AND EASEMENTS AS SET FORTH IN AGREEMENTS RECORDED FEBRUARY 08, 1999 UNDER RECEPTION 1'10.427473, RECORDED FEBRUARy 8, 1999 UNDER RECEPTION NO. 427474, RECORDED FEBRUAR.Y 8, 1999 ONDER RECEPTION NO. 427475, RECORDED FEBRUARY 8, 1999 UNDER RECEPTION NO. 427476 AND RECORDED FEBRUARY 8, 1999 UNDER RECEPTION NO. 427477. 04/02102 ." '" TUE 15:28 FAX 9;09256243 r"\ LAND TITLE ASPEN f'""'l i 14I 00[1 '" ALTA COMMITMEN1' (Exceptions) Our Order No. Q382960-2 The policy Or policies to be issued will contain exceptions to the following unless the "une are disposed of to the satisfaction of the Company: 29. MECHANIC'S LiEN AS EVIDENCED BY STATEMENT OF URBAN DESIGN GROUP. INC. IN THE AMOUNT OF $183.428.16 RECORDED JANUARY 22. 2002. UNDER RECEPTION NO. 463085. . TUE 15:28 FAX 9709256243 1"""'1 LAND TITLE ASPEN n I4i 010 04/02102 ." LAND TITLE GUARANTEE COMPANY DISCLOSURE STATEMENTS Note: PUTSWlnt to CRS 1O-1I-122, Ilotie" is h..,.eby given that: A) The subjeet real property may be loeated in a special taxing districl. B) A Cenifieate of Taxes Due listing each taxing judsdiction may be obtained from the County Treasu:rer', authorized agent. C) The information regarding special disuic,^ and tlle boundaries of such districts nmy be ob(alned from tile Board of County Commissioners. the Cuunty Clerk and Recorder, or the Omnty Assessor. Note: Effective September l, 1997, CRS 30-10-406 requires tha( all documents rC"eived for recording or !1ling in the clerk and reeorder's office shall cOlltaill a top margin of at least one ineh and a left, right and b\lttoTU margin of at least Qne half of an hlCh. The clerk and Jecorder may refust to record or file any document that does nor co.n!onn, except d1ar, the requirement fi]T the top margin shall not apply to document<:: u:~~ing forrns on whicb space: is provided for recording or filing jnfOlmauon at the top margin of the docurnerlt. Note: Colorado Division 01" Insurance Regulation., 3-5-1, Paragraph C of Article VII requires tha, "Eve,'y title entity shall be reSponsible for all matters which appear of record prior to the time of recordiIlg whenever the tide entity co"duets the closing ,md is responsible for recording or filing of legal docnmems resulting irom the uansactiOll which waS closed". Pl'Ovided that Land Title Guarantee Company cOllduGLl\ the clo::;i.ng of the illSlU'ed transaction Clnd is responsible fol' recording the kgal documents from the transaction, exceptiollllumber 5 will not appear 011 the Owno.,.'s Title POlicy and the Lenders Policy when issued. Note, AfJinrwtive mechacic's lien protectiOTl for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the COlllmltmeut from the Owner's ?olicy to be issued) upon compHanee witI. the following condition." A) Thc land described in Schedule A of this commiuneIlt must be " single family residence whieh includes a condominium or townhouse Wlit. B) No lahor or ID:uerials have been furniShed by mechanics Or matc-rial-men for pUlposes of eonstnlcrion OIl the bud described in Schedule A of this Commi!lllent within the past 6 months. C) The Company muS( ,'ecdve ~Tl appropriate atfidavi< indenlllifying the Company agalnst Wl-filed mt:.chanic's and material-m,en's liens. D) The Company must receive payment of the appropriate premium. E) If there has been eonstruction, improverneIlt' Or major repairs Wldertakell On the propeny (0 be purchased within. six months prior [0 the Date 01' the. OHnmitm,ellt, Ihe requiremeIlt$ to obwin coverage for unrecorded Hens will Include: di~clo:\ure of ct::TUlin. conscruction infonllitDon; 1l1laDclal information as (0 the seller, the builder and Or the contraetur: payment of tlle approplbte premiulD fully executed IndenmilY Agl'eemellts satisfactory to the company, alld, any additional requil'emellts as Iuay be necessa.ry after an examination of the aforesaid lTlformation by the Company. No coverage will bo given Ulmer any circumstallccs for labor 01' mAterial for which the insured has eontraeted fol' or agreed to pay. Note: Purb-Uant to CRS 1O-1l-123, notice is hereby given: A) Th~t there Is recorded evidence that a mineral estate has br;:~n, severed, leased, OJ: otherwise conveyed from the surface esta(e and that there i, a Sub,tantiallikeliliood that a third party holds some Or an int~rest jn oil, gas, other mineraI!=;, or geothennal energy in me property; and B) That sueh mi.neral estate may include the right to emer and use tho prop.,ty withom the surtace ownerls pel'.U1i~sion. This llottce applies to owner's policy connmtmems containing a minl;mll severance ilQstl"ument exception, or exCep(;OllS, ill Sehedule .8, Section 2. Nofuing herein eOJltlined will be deemed to obligate the company to provide any of the coverages referrcd to hereill wlless the above condiuons are flilly satisfied. Form DISCLOSURE 04/02/02 .. .',.... TUE 15:29 FAX 9709256243 4""'\ r.. .."\ LAND TITLE ASPEN () 141011 ,~ JOINT NOTICE Of PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY AND LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATlONAL TITLE: INSURANCE COMPANY Title V onlle GraUllIl-Lcach-Bli)cy Act (GLBA) generally prohibit~ any lin,,'l1lcial instimtion, directly or th.rO'ugh its afl'iJiutes, from sharing nonpublic per::;oIlaJ. irlfonnation about you with a uOJ1aftlliated tllird party unIess the instirution pJ'Ovides you with a notice of its privacy policies and practices, such as the type of" infonnati(JTI that it collects about you and the categories of persons or entities to whom il may be disclosed. Iu compliance with tile GLBA, we are providing y@ with this dO<1,meJl[, which ootifies you of the privacy policies and practices of Land Title (':ruarantee Compauy aud Land Title Insurance Corporatiou and Old Republic National1'itle InSUrance Compauy. We may collect nonpublic personal informatioIl about you from the following sources: Infom':ltiou we receive from yon such as ou applications or other forms. TnfoDnadoll about your tran~action..q we $CGUTi:;:: from our files, or fl.'Olll our aftl1iatc$ Or ()theT~. Tnformation we receive from a C0I1$llTIlCr rr;::porting agency. Infol'mation that we n:c.:cive iTom other!:; involved in your transaction, such as the real estate agerlt or lender. Unless it is specifically ~ta.ted otllerwise ill aT! amended Privacy Policy Notice~ no additional uonpublic personal information will be collected about you. W t may disclose any of the above iuformation that we collect about our cnstomers or formel' <'l,lstomers to our affiliates ',>1' to rH.lTIaltiJiated third parties as permitted by law. We al~(l may disclose this inform...,tioll about our Cllf::toIIleT$ or former !,..'UStomers to the followiug types of Ll<lnaffiJi.ted companIes dlat perform marketing ~ervicc:s on (>ur beh,M or with whom we have jOiT)t marketing agreements: * Financial service providers sue]\ as companies engaged in. ban!dng~ C01:LSUnler tiTlance, securities and insurance. * Non-jimmcial companies such as envelope ~tllffers and other fulfillment service provider~. ; WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE TR,;,.T IS NOT SPECIFICALLY PERMITTED BY LAW. We restriel access to nOllpublic personal information about you to those employees who need to know that iuformation in order to provide products or ~ervices to you. We maintain physkal. electl'Ollic, arid procoduI<11 safeguards that comply with federal ref,'lllations to guard your nonpublic personal information. Form PRIV.F'OL.ORT AUG-1S-2002 10: 14 FROM: ( ~ ( . F I V E T TO: 2123343339 r-) P.002/002 R E E s 715 W. MAIN S'I'. SUIT!'. .'(14 ASPEN, CO 81611 (970) '125-3475 F',\x (970) 925-4754 May 27, 2002 Prank Visconti Eric J. Smith Architects 72 Spring Street. 7lb Floor New York, NY 10012 Re: DRB Voter Approval for Building Envelope Modification, Single Family Lot 9 DearMl'. Visconti: Thank you for your patience regarding the approval of the moditlcation to the Building Envelope on Lot 9, FiveTrees. Pursuant to the Master Declaration of the Covenants, Conditions and Restrictions for the MFPUD Section 20.4, a mail ballot vote was conducted and more than the rcquired 67% approval of the total D1embcrship of the Moore Family POD Master Association was granted. This letter serves to inform you that your request for building envelope modification has been approved. Thank you again for your patience. IF you have any questions, please contact me at (970) 925- 3475. Sinccrely, -~'Y11~ Pam Motley for the FiveTrees Design Review Board 0209d SF 9 appl1:lV3105.Z7 .02