HomeMy WebLinkAboutLand Use Case.675 E Durant Ave.0020.2017.ASLU
300 SO SPRING ST | 202 | ASPEN, CO 81611
970.925.2855 | BENDONADAMS.COM
February 21, 2017
Ms. Jennifer Phelan, AICP
Community Development Deputy Director
City of Aspen
130 So. Galena St.
Aspen, Colorado 81611
RE: South Aspen Street Townhomes Subdivision & PUD—Minor Amendment for
Exterior Materials and Fenestration
Ms. Phelan:
Please accept this request to amend the approvals for the South Aspen Street Townhomes project to
change some of the exterior materials on the Lot 1 fiveplex townhomes and amend the fenestration on
the south side of the building of one of the upper lot triplexes on Lot 2, Unit 8. All other aspects of the
project approval will remain unchanged.
The original plan for the exterior materials on the Lot 1 fiveplex townhomes is a rain screen with vertical
trim and accents on the east, west and north elevations. Both potential buyers and ownership expressed
dissatisfaction with the exterior materials mockup, and the general contractor voiced concern that the
installation of the exterior materials—creating hundreds of fastener perforations—will compromise the
weatherproofing performance over time.
The buyer for the uppermost unit in the lower triplex on lot 2 is requesting floorplan changes. The
floorplan changes require window relocations and additions, modifying the approved elevations.
Please find an attached narrative and plans detailing the proposed amendments. Please contact me with
any questions or concerns: 925-2855 or chris@bendonadams.com
Kind Regards,
Chris Bendon, AICP
Principal
BendonAdams, LLC
Exhibit 1
Review Criteria
A. Insubstantial Amendments. An insubstantial amendment to an approved Project Review or
an approved Detailed Review may be authorized by the Community Development Director. An
insubstantial amendment shall meet the following criteria:
1. The request does not change the use or character of the development.
Response – The use and character of the project will remain the exact same. For the Lot 1
fiveplex townhomes, the replacement of the vertical rain screen materials with vertical
boards is an insignificant change. The use of wood and the vertical orientation does not
change. The elevation changes proposed for Unit 8 of Lot 2 are also minor and do not change
the character or use. Two approved windows shift in their locations, one window is omitted,
and two new windows are added in the proposal. The proportions and detailing of the added
windows replicate those of the approved windows.
2. The request is consistent with the conditions and representations in the project's original
approval, or otherwise represents an insubstantial change.
Response – The project, its conditions, and its expectations will remain unchanged. The
amendment is limited to minor aesthetic and functional changes that will result in an
improved project.
3. The request does not require granting a variation from the project's allowed use(s) and does
not request an increase in the allowed height or floor area.
Response – No changes to the project’s uses or dimensions are proposed.
4. Any proposed changes to the approved dimensional requirements are limited to a technical
nature, respond to a design parameter that could not have been foreseen during the Project
Review approval, are within dimensional tolerances stated in the Project Review, or
otherwise represents an insubstantial change.
Response – The request is limited to amending minor project details that could not have been
foreseen during the review process. Potential buyers are able to modify interior floor plans
prior to construction sometimes requiring minor changes to the building elevations. Mockups
are typically created during the detailed design and construction process and well after the
land use review process. The aesthetic and weatherproofing concerns of the rain screen
system were revealed after the mockup was constructed.
5. An applicant may not apply for Detailed Review if an amendment is pending.
Response – The project is fully entitled, under construction, and the amendment does not
require application for Detailed Review.
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
March, 2016 City of Aspen|130 S. Galena St.|(970) 920 5050
ATTACHMENT 2 – LAND USE APPLICATION
PROJECT: South Aspen Street PUD
Name: _South Aspen Street Townhomes Subdivision & PUD: Amended & Restated_________________________________
Location:__South Aspen Street, Aspen CO 81611______________________________________________________________
Parcel ID # (REQUIRED) 273 131 39 001 and 004
APPLICANT:
Name: _Todd Emerson, ASV Aspen Street, LLC c/o Bald Mountain, LLC__________________________________________
Address: _132 West Main Street, Suite C, Aspen CO 81611_______________________________________________________
Phone #: 925-2114
REPRESENTATIVE:
Name: _Chris Bendon, BendonAdams_________________________________________________________________________
Address:_300 So Spring Street, Aspen, Colorado 81611___________________________________________________________
Phone#: 925-2855
TYPE OF APPLICATION: (Please check all that apply):
EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.)
PROPOSAL: (Description of proposed buildings, uses, modifications, etc.)
Have you attached the following? FEES DUE: $ ______________
Pre-Application Conference Summary
Attachment #1, Signed Fee Agreement
Response to Attachment #3, Dimensional Requirements Form
Response to Attachment #4, Submittal Requirements – including Written Responses to Review Standards
3-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.
GMQS Exemption Conceptual PUD Temporary Use
GMQS Allotment Final PUD (& PUD Amendment)
Special Review Subdivision
Conceptual SPA
ESA – 8040 Greenline, Stream Subdivision Exemption (includes
Margin, Hallam Lake Bluff, Condominiumization)
Mountain View Plane Final SPA (&SPA
Commercial Design Review Lot Split Amendment)
Residential Design Variance Lot Line Adjustment Small Lodge Conversion/
Expansion
Conditional Use Other:
X
PUD-approved residential townhomes five-plex building and tri-plex building including approved exterior materials and elevations
Amend certain exterior materials on the five-plex building, and amend the window fenestration of one of the triplex buildings
X
X
na
Xna
1,625
(Insubstantial Amendment)
Exhibit 2
Exhibit 3
ASLU
Insubstantial PD Amendment
South Aspen Townhomes Subdivision & PUD
1
CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
PLANNER: Jennifer Phelan, 429-2759 DATE: February 8, 2017
PROJECT: South Aspen Street PUD – Minor Amendment to a Project Review Approval
REPRESENTATIVE: Chris Bendon, BendonAdams
DESCRIPTION:
The Applicant would like to change some of the exterior materials on the fiveplex townhomes and amend the
fenestration on the side of the building of one of the upper lot triplexes. Both proposed changes appear to be minor
in nature and subject to review standards set out in Section 26.445.110, the applicant’s application will be subject
to 26.445.110A, an Insubstantial Amendment which may be authorized by the Community Development Director.
Staff recommends clearly vetting the fenestration issues, to ensure that all requests are included in an application.
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%20a
pp%20form.pdf
Land Use Code:
http://www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zoning/Title-26-Land-Use-
Code/
Land Use Code Section(s)
26.304 Common Development Review Procedures
26.445.110A Insubstantial PD Amendments
Review by: Staff for complete application
Staff for administrative review
Public Hearing: NA
Planning Fees: Planning Deposit: Administrative Review, $1,300 for 4 hours (additional
planning hours over deposit amount are billed at a rate of $325/hour)
Referral Fees: Engineering Deposit: $325 for 1 hour (additional hours over deposit amount are
billed at a rate of $325/hour – fenestration/mud flow review)
Total Deposit: $1,625
To apply, submit the following information:
Completed Land Use Application and signed fee agreement.
Pre-application Conference Summary (this document).
Street address and legal description of the parcel on which development is proposed to occur,
consisting of a current certificate from a title insurance company, an ownership and encumbrance
report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the
Exhibit 4
2
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.
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.
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.
The site improvement survey requirement is waived.
Written responses to all review criteria.
1 Complete Copy. If the copy is deemed complete by staff, the following items will then need
to be submitted:
1 additional copy of the complete application packet.
Total deposit for review of the application.
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.
C O M M I T M E N T f o r T I T L E I N S U R A N C E
issued by
as agent for
FIRST AMERICAN TITLE INSURANCE COMPANY
Reference:Commitment Number: 0704905-C2
Commitment Ordered By:
Todd Emerson
Bald Mountain LLC
132 W. Main St. Ste. C
Aspen, CO 81611
Phone: 970-385-2114 Fax:
email: temerson@baldmountainllc.com
Inquiries should be directed to:
Susan Hass
Title Company of the Rockies
132 W. Main Street, Suite B
Aspen, CO 81611
Phone: (970) 920-9299 Fax: (970) 920-5352
Reference Property Address:
TBD South Aspen Street, Aspen, CO 81611
SCHEDULE A
1.Effective Date: February 16, 2017, 7:00 am Issue Date: March 06, 2017
2.Policy (or Policies) to be issued:
ALTA Owner's Policy (6-17-06)Policy Amount:Amount to be Determined
Premium:Amount to be Determined
Proposed Insured:A Buyer to be Determined
3.The estate or interest in the Land described or referred to in this Commitment is:
Fee Simple
and Title to said estate or interest is at the Effective Date vested in:
ASV Aspen Street Owner LLC, a Delaware limited liability company
4.The Land referred to in this Commitment is located in the County of Pitkin, State of Colorado, and
is described as follows:
FOR LEGAL DESCRIPTION SEE SCHEDULE A CONTINUED ON NEXT PAGE
Alta Commitment - 2006 Schedule A
Exhibit 5
LEGAL DESCRIPTION
The Land referred to herein is located in the County of Pitkin, State of Colorado, and described as
follows:
Lots 1 and 2,
SOUTH ASPEN STREET PUD/SUBDIVISION, according to the Plat thereof filed December 19, 2014,
in Plat Book 108 at Page 60.
TO BE KNOWN AS:
Unit _____, according to the Condominium Declaration for SOUTH ASPEN STREET PUD NORTH
CONDOMINIUM, recorded ______________, 2017, at Reception No. ___________, and the
Condominium Map recorded ______________, 2017, at Reception No. ____________.
NOTE: Upon compliance with Requirement No. 1 the legal description will be amended accordingly.
Commitment No. 0704905-C2 Schedule B-I Requirements
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B - SECTION I
REQUIREMENTS
THE FOLLOWING ARE THE REQUIREMENTS TO BE COMPLIED WITH:
Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the
estate or interest to be insured.
Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed
for record, to wit:
Duly executed and acknowledged Condominium Map of South Aspen Street PUD North1.
Condominium.
Duly executed and acknowledged Condominium Declaration for South Aspen Street PUD North2.
Condominium.
NOTE: The Company reserves the right to make additional requirements and/or exceptions upon
review of the Plat and Declaration contemplated by Requirements No. 1 and 2.
Release by the Public Trustee of Pitkin County releasing subject property from the lien of the Deed of3.
Trust from ASV Aspen Street Owner, LLC for the use of TPG RE Finance, LLC, to secure
$75,000,000.00, dated May 22, 2015, and recorded May 22, 2015, at Reception No. 620109.
NOTE: Assignment of Leases and Rents recorded May 22, 2015, at Reception No. 620110, given
in connection with the above Deed of Trust.
NOTE: Disburser's Notice by TPG RE Finance, LLC, recorded May 22, 2015, at Reception No.
620111.
NOTE: Security interest under the Uniform Commercial Code affecting subject property, notice
of which is given by UCC Financing Statement, from ASV Aspen Street Owner LLC, to TPG RE
Finance, LLC, as agent, secured party, recorded May 22, 2015, at Reception No. 620112.
Articles of Organization for ASV Aspen Street Owner LLC, a Delaware limited liability company,4.
disclosing the names of all Managers of said limited liability company and otherwise complying with
C.R.S. 7-80-101, et seq., as amended, and evidencing the existence of said limited liability company
prior to the time it conveys title to subject property, must be filed in the office of the Secretary of
State for the State of Delaware, but need not be recorded.
Resolution or Statement of Authority by ASV Aspen Street Owner LLC, a Delaware limited liability5.
company, authorizing the transaction, executed by the managers or members set forth in the Operating
Agreement.
NOTE: Review Operating Agreement for authority of party(ies) to act on behalf of said limited
liability company and complete the transaction contemplated herein.
Deed from ASV Aspen Street Owner LLC, a Delaware limited liability company to A Burer To Be6.
Determined.
Alta Commitment - 2006 Schedule B-I Requirements
Commitment No. 0704905-C2 Schedule B-I Requirements (continued)
NOTE: Duly executed real property transfer declaration, executed by either the Grantor or
Grantee, to accompany the Deed mentioned above, pursuant to Article 14 of House Bill No.
1288-CRA 39-14-102.
Evidence satisfactory to the Company or its duly authorized agent that all dues and/or assessments7.
levied by the Homeowners Association have been paid through the date of closing.
Evidence satisfactory to the Company or its duly authorized agent either (a) that the "real estate8.
transfer taxes" imposed by Ordinance No. 20 (Series of 1979), and by Ordinance No. 13, (Series of
1990), of the City of Aspen, Colorado have been paid, and that the liens imposed thereby have been
fully satisfied, or (b) that Certificates of Exemption have been issued pursuant to the provisions
thereof.
THE COMPANY RESERVES THE RIGHT TO CONDUCT AN ADDITIONAL SEARCH OF
THE RECORDS IN THE OFFICE OF THE CLERK AND RECORDER FOR Pitkin COUNTY,
COLORADO FOR JUDGMENT LIENS, TAX LIENS OR OTHER SIMILAR OR DISSIMILAR
INVOLUNTARY MATTERS AFFECTING THE GRANTEE OR GRANTEES, AND TO
MAKE SUCH ADDITIONAL REQUIREMENTS AS IT DEEMS NECESSARY, AFTER THE
IDENTITY OF THE GRANTEE OR GRANTEES HAS BEEN DISCLOSED TO THE
COMPANY.
NOTE: THIS COMMITMENT IS ISSUED UPON THE EXPRESS AGREEMENT AND
UNDERSTANDING THAT THE APPLICABLE PREMIUMS, CHARGES AND FEES SHALL
BE PAID BY THE APPLICANT IF THE APPLICANT AND/OR ITS DESIGNEE OR
NOMINEE CLOSES THE TRANSACTION CONTEMPLATED BY OR OTHERWISE RELIES
UPON THE COMMITMENT, ALL IN ACCORDANCE WITH THE RULES AND
SCHEDULES OF RATES ON FILE WITH THE COLORADO DEPARTMENT OF
INSURANCE.
Alta Commitment - 2006 Schedule B-I Requirements (continued)
Commitment No. 0704905-C2 Schedule B-II Exceptions
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B - SECTION II
EXCEPTIONS
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.
Any loss or damage, including attorney fees, by reason of the matters shown below:
Any facts, rights, interests, or claims which are not shown by the Public Records but which could be1.
ascertained by an inspection of said Land or by making inquiry of persons in possession thereof.
Easements or claims of easements, not shown by the Public Records.2.
Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that3.
would be disclosed by an accurate and complete land survey of the Land.
Any lien, or right to a lien for services, labor or material heretofore or hereafter furnished, imposed4.
by law and not shown by the Public Records.
Defects, liens, encumbrances, adverse claims or other matters, if any created, first appearing in the5.
Public Records or attaching subsequent to the effective date hereof, but prior to the date of the
proposed insured acquires of record for value the estate or interest or mortgage thereon covered by
this Commitment.
(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority6.
that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public
agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown
by the records of such agency or by the Public Records.
Right of the Proprietor of a Vein or Lode to extract and remove his ore therefrom, should the same7.
be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent
recorded August 26, 1949, in Book 175 at Page 298.
Restrictions, which do not contain a forfeiture or reverter clause, as contained in instrument8.
recorded July 26, 1978, in Book 351 at Page 940, Book 351 at Page 942 and Book 351 at Page 944.
Terms, agreements, provisions, conditions and obligations as contained in Lease Agreement9.
Between John H. Roberts, Jr. and the Aspen Skiing Company, a Colorado general partnership,
recorded December 2, 1985, in Book 500 at Page 605, as amended by instrument recorded October
21, 2014, at Reception No. 614729.
Resolution No. 3 ( Series of 2001 ) recorded February 15, 2001, at Reception No. 451526.10.
Ordinance No. 32 ( Series of 2003 ) recorded August 4, 2003, at Reception No. 486407.11.
Notice Of PUD Designation as contained on Page 8 in Ordinance No. 27 ( Series of 2007 ) recorded12.
August 8, 2007, at Reception No. 540761.
Amended and Restated Subdivision/PUD Agreement for South Aspen Street Subdivision/PUD13.
recorded December 19, 2014, at Reception No. 616165, as amended by instrument recorded July 1,
Alta Commitment - 2006 Schedule B-II Exceptions
Commitment No. 0704905-C2 Schedule B-II Exceptions (continued)
2016, at Reception No. 630425..
Easements, rights of way and all other matters as shown on the Plat of South Aspen Street14.
PUD/Subdivision, filed December 19, 2014, in Plat Book 108 at Page 60 as Reception No. 616166.
Notice of PUD Designation recorded July 10, 2007, at Reception No. 539750, August 8, 2007, at15.
Reception No. 540693 and November 12, 2007, at Reception No. 543983.
Contribution Agreement recorded August 2, 2007, at Reception No. 540625.16.
Resolution No. 96 (Series of 2009) by the Aspen City Counsel recorded April 1, 2010, at Reception17.
No. 568178.
Resolution No. 68 (Series of 2012) by the Aspen City Counsel recorded August 21, 2012, at18.
Reception No. 591518.
Resolution No. 18 (Series of 2012) by the City of Aspen Planning and Zoning Commission recorded19.
October 22, 2012, at Reception No. 593257.
Ordinance No. 23 (Series of 2013) by the City of Aspen City Council recorded December 2, 2013,20.
at Reception No. 606010.
Terms, agreements, provisions, conditions and obligations as contained in Cost Sharing And21.
Licence Agreement recorded August 18, 2015, at Reception No. 622523.
Terms, agreements, provisions, conditions and obligations as contained in Notice Of Approval22.
recorded April 21, 2016, at Reception No. 628736.
Terms, agreements, provisions, conditions and obligations as contained in Notice Of Approval23.
recorded July 1, 2016,at Reception No. 630424.
Easement and right of way for underground electric transmission or distribution line and related24.
appurtenances, as granted by ASV Aspen Street Owner LLC to Holy Cross Energy, a Colorado
corporation, by instrument recorded August 12, 2016, at Reception No. 631392, said easement being
more particularly described therein.
Terms, agreements, provisions, conditions and obligations as contained in Trench, Conduit, And25.
Vault Agreement recorded August 8, 2016, at Reception No. 631249.
Terms, agreements, provisions, conditions and obligations as contained in Agreement For26.
Temporary Construction Easement And Subsurface Encroachment Easement recorded December 29,
2016, at Reception No. 635044.
Easements, rights of way and all other matters as shown on the Condominium Map of South Aspen27.
Street PUD North Condominium, recorded __________ 2017, at Reception No. __________.
Those covenants, conditions, obligations, easements and restrictions which are a burden to the28.
Condominium Unit described in Schedule A, and set forth in the Condominium Declaration for
South Aspen Street PUD North Condominium, recorded __________ 2017, at Reception No.
__________.
Alta Commitment - 2006 Schedule B-II Exceptions (continued)
Commitment No. 0704905-C2 Schedule B-II Exceptions (continued)
Alta Commitment - 2006 Schedule B-II Exceptions (continued)
DISCLOSURE STATEMENTS
Note 1: Colorado Division of Insurance
Regulations 3-5-1, Paragraph C of Article VII,
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.” (Gap Protection)
Note 2: Exception No. 4 of Schedule B,
Section 2 of this Commitment may be deleted
from the Owner's Policy to be issued
hereunder 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 may have been
furnished by mechanics or materialmen for
purpose of construction on the Land
described in Schedule A of this
Commitment within the past 13 months.
C. The Company must receive an appropriate
affidavit indemnifying the Company
against unfiled mechanic's and
materialmen's liens.
D. Any deviation from conditions A though C
above is subject to such additional
requirements or Information as the
Company may deem necessary, or, at its
option, the Company may refuse to delete
the exception.
E. Payment of the premium for said coverage.
Note 3: The following disclosures are hereby
made pursuant to §10-11-122, C.R.S.:
(i) The subject real property may be located in
a special taxing district;
(ii) A certificate of taxes due listing each
taxing jurisdiction shall be obtained from
the County Treasurer or the County
Treasurer's authorized agent; and
(iii) Information regarding special districts
and the boundaries of such districts may be
obtained from the County Commissioners,
the County Clerk and Recorder, or the
County Assessor.
Note 4: If the sales price of the subject
property exceeds $100,000.00, the seller shall
be required to comply with the disclosure or
withholding provisions of C.R.S.
§39-22-604.5 (Non-resident withholding).
Note 5: Pursuant to C.R.S. §10-11-123
Notice is hereby given:
(a) If there is recorded evidence that a mineral
estate has been severed, leased or otherwise
conveyed from the surface estate then 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 6: Effective September 1, 1997, C.R.S.
§30-10-406 requires that all documents
received for recording or filing in the clerk
and recorder's office shall contain a top
margin of at least one inch and a left, right
and bottom margin of at least one-half inch
the clerk and recorder may refuse to record or
file any document that does not conform.
Note 7: Our Privacy Policy:
We will not reveal nonpublic personal
customer information to any external
non-affiliated organization unless we have
been authorized by the customer, or are
required by law.
Note 8: Records:
Regulation 3-5-1 Section 7 (N) provides that
each title entity shall maintain adequate
documentation and records sufficient to show
compliance with this regulation and Title 10
of the Colorado Revised Statutes for a period
of not less than seven (7) years, except as
otherwise permitted by law.
Note 9: Pursuant Regulation 3-5-1 Section 9
(F) notice is hereby given that
“A title entity shall not earn interest on
fiduciary funds unless disclosure is made to
all necessary parties to a transaction that
interest is or has been earned. Said disclosure
must offer the opportunity to receive payment
of any interest earned on such funds beyond
any administrative fees as may be on file with
the division. Said disclosure must be clear
and conspicuous, and may be made at any
time up to and including closing.”
Be advised that the closing agent will or
could charge an Administrative Fee for
processing such an additional services request
and any resulting payee will also be subjected
to a W-9 or other required tax documentation
for such purpose(s).
Be further advised that, for many
transactions, the imposed Administrative Fee
associated with such an additional service
may exceed any such interest earned.
Therefore, you may have the right to some
of the interest earned over and above the
Administrative Fee, if applicable (e.g., any
money over any administrative fees involved
in figuring the amounts earned).
Note 10: Pursuant to Regulation 3-5-1
Section 9 (G) notice is hereby given that
“Until a title entity receives written
instructions pertaining to the holding of
fiduciary funds, in a form agreeable to the title
entity, it shall comply with the following:
1. The title entity shall deposit funds into an
escrow, trust, or other fiduciary account
and hold them in a fiduciary capacity.
2. The title entity shall use any funds
designated as “earnest money ” for the
consummation of the transaction as
evidenced by the contract to buy and sell
real estate applicable to said transaction,
except as otherwise provided in this
section. If the transaction does not close,
the title entity shall:
a. Release the earnest money funds as
directed by written instructions signed
by both the buyer and seller; or
b. If acceptable written instructions are not
received, uncontested funds shall be
held by the title entity for 180 days from
the scheduled date of closing, after
which the title entity shall return said
funds to the payor.
3. In the event of any controversy regarding
the funds held by the title entity
(notwithstanding any termination of the
contract), the title entity shall not be
required to take any action unless and until
such controversy is resolved. At its option
and discretion, the title entity may:
a. Await any proceeding; or
b. Interplead all parties and deposit such
funds into a court of competent
jurisdiction, and recover court costs and
reasonable attorney and legal fees; or
c. Deliver written notice to the buyer and
seller that unless the title entity receives
a copy of a summons and complaint or
claim (between buyer and seller),
containing the case number of the
lawsuit or lawsuits, within 120 days of
the title entity’s written notice delivered
to the parties, title entity shall return the
funds to the depositing party.”
Disclosure Statements
DISCLOSURE STATEMENT
Pursuant to C.R.S. 30-10-406(3)(a) all documents received for recording or filing in the Clerk and Recorder's office shall contain a top margin of at least one
inch and a left, right and bottom margin of at least one-half of an inch. The Clerk and Recorder will refuse to record or file any document that does not
conform to the requirements of this section.
NOTE: If this transaction includes a sale of the property and the price exceeds $100,000.00, the seller must comply with the disclosure/withholding
provisions of C.R.S. 39-22-604.5 (Nonresident withholding).
NOTE: Colorado Division of Insurance Regulations 8-1-2 requires that “Every title insurance company shall be responsible to the proposed insured(s) subject
to the terms and conditions of the title commitment, other than the effective date of the title commitment, for all matters which appear of record prior to the
time of recording whenever the title insurance company, or its agent, conducts the closing and settlement service that is in conjunction with its issuance of an
owner's policy of title insurance and is responsible for the recording and filing of legal documents resulting from the transaction which was closed.
Pursuant to C.R.S. 10-11-122, the company will not issue its owner's policy or owner's policies of title insurance contemplated by this commitment until it
has been provided a Certificate of Taxes due or other equivalent documentation from the County Treasurer or the County Treasurer's authorized agent; or
until the Proposed Insured has notified or instructed the company in writing to the contrary.
The subject property may be located in a special taxing district. A Certificate of Taxes due listing each taxing jurisdiction shall be obtained from the County
Treasurer or the County Treasurer's authorized agent. 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: Pursuant to CRS 10-11-123, notice is hereby given:
This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2.
That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and thatA.
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
That such mineral estate may include the right to enter and use the property without the surface owner's permission.B.
NOTE: Pursuant to Colorado Division of Insurance Regulations 8-1-2, 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:
The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit.A.
No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in ScheduleB.
A of this Commitment within the past 6 months.
The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens.C.
The Company must receive payment of the appropriate premium.D.
If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to theE.
Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction
information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium, fully executed
Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the
aforesaid information by the Company.
No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay.
NOTE: Pursuant to C.R.S. 38-35-125(2) no person or entity that provides closing and settlement services for a real estate transaction shall disburse funds as a
part of such services until those funds have been received and are available for immediate withdrawal as a matter of right.
NOTE: C.R.S. 39-14-102 requires that a real property transfer declaration accompany any conveyance document presented for recordation in the State of
Colorado. Said declaration shall be completed and signed by either the grantor or grantee.
NOTE: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance
company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and
civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or
information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a
settlement or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory
agencies.
NOTE: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of an ALTA Closing Protection Letter which
may, upon request, be provided to certain parties to the transaction identified in the commitment.
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.
Exhibit 6
Exhibit 7
Proposed - Removed rain screen
Exhibit 8
Existing - with rain screen
Exhibit 9
window changes
CJ CJ
I SHIFT WINDOW
CO)
I LOCATION . _________________ _.__ __ ._ ___________
PROPOSED PLAN LEVEL 1
FLOOR SLAB STRUCTURE TO SUPPORT 1.5" I ITHICK SLAB ON I I -----FYl.b-llEIGH+---------, FIREPLACE WALL I I I I
I I
I I
I I
I I
I I I I I I I
-b-=.:--=-=--=-=--===--=-•--��!!!!!!!!!!!1111-.._ ______ � NEW WINDOW AS INDICATED IN THE ELEVATION
300 SO SPRING ST | 202 | ASPEN, CO 81611
970.925.2855 | BENDONADAMS.COM
February 21, 2017
Ms. Jennifer Phelan, AICP
Community Development Deputy Director
City of Aspen
130 So. Galena St.
Aspen, Colorado 81611
RE: South Aspen Street Townhomes Subdivision & PUD—Minor Amendment for
Exterior Materials and Fenestration
Ms. Phelan:
Please accept this request to amend the approvals for the South Aspen Street Townhomes project to
change some of the exterior materials on the Lot 1 fiveplex townhomes and amend the fenestration on
the south side of the building of one of the upper lot triplexes on Lot 2, Unit 8. All other aspects of the
project approval will remain unchanged.
The original plan for the exterior materials on the Lot 1 fiveplex townhomes is a rain screen with vertical
trim and accents on the east, west and north elevations. Both potential buyers and ownership expressed
dissatisfaction with the exterior materials mockup, and the general contractor voiced concern that the
installation of the exterior materials—creating hundreds of fastener perforations—will compromise the
weatherproofing performance over time.
The buyer for the uppermost unit in the lower triplex on lot 2 is requesting floorplan changes. The
floorplan changes require window relocations and additions, modifying the approved elevations.
Please find an attached narrative and plans detailing the proposed amendments. Please contact me with
any questions or concerns: 925-2855 or chris@bendonadams.com
Kind Regards,
Chris Bendon, AICP
Principal
BendonAdams, LLC
Exhibit 1
Review Criteria
A. Insubstantial Amendments. An insubstantial amendment to an approved Project Review or
an approved Detailed Review may be authorized by the Community Development Director. An
insubstantial amendment shall meet the following criteria:
1. The request does not change the use or character of the development.
Response – The use and character of the project will remain the exact same. For the Lot 1
fiveplex townhomes, the replacement of the vertical rain screen materials with vertical
boards is an insignificant change. The use of wood and the vertical orientation does not
change. The elevation changes proposed for Unit 8 of Lot 2 are also minor and do not change
the character or use. Two approved windows shift in their locations, one window is omitted,
and two new windows are added in the proposal. The proportions and detailing of the added
windows replicate those of the approved windows.
2. The request is consistent with the conditions and representations in the project's original
approval, or otherwise represents an insubstantial change.
Response – The project, its conditions, and its expectations will remain unchanged. The
amendment is limited to minor aesthetic and functional changes that will result in an
improved project.
3. The request does not require granting a variation from the project's allowed use(s) and does
not request an increase in the allowed height or floor area.
Response – No changes to the project’s uses or dimensions are proposed.
4. Any proposed changes to the approved dimensional requirements are limited to a technical
nature, respond to a design parameter that could not have been foreseen during the Project
Review approval, are within dimensional tolerances stated in the Project Review, or
otherwise represents an insubstantial change.
Response – The request is limited to amending minor project details that could not have been
foreseen during the review process. Potential buyers are able to modify interior floor plans
prior to construction sometimes requiring minor changes to the building elevations. Mockups
are typically created during the detailed design and construction process and well after the
land use review process. The aesthetic and weatherproofing concerns of the rain screen
system were revealed after the mockup was constructed.
5. An applicant may not apply for Detailed Review if an amendment is pending.
Response – The project is fully entitled, under construction, and the amendment does not
require application for Detailed Review.
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
March, 2016 City of Aspen|130 S. Galena St.|(970) 920 5050
ATTACHMENT 2 – LAND USE APPLICATION
PROJECT: South Aspen Street PUD
Name: _South Aspen Street Townhomes Subdivision & PUD: Amended & Restated_________________________________
Location:__South Aspen Street, Aspen CO 81611______________________________________________________________
Parcel ID # (REQUIRED) 273 131 39 001 and 004
APPLICANT:
Name: _Todd Emerson, ASV Aspen Street, LLC c/o Bald Mountain, LLC__________________________________________
Address: _132 West Main Street, Suite C, Aspen CO 81611_______________________________________________________
Phone #: 925-2114
REPRESENTATIVE:
Name: _Chris Bendon, BendonAdams_________________________________________________________________________
Address:_300 So Spring Street, Aspen, Colorado 81611___________________________________________________________
Phone#: 925-2855
TYPE OF APPLICATION: (Please check all that apply):
EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.)
PROPOSAL: (Description of proposed buildings, uses, modifications, etc.)
Have you attached the following? FEES DUE: $ ______________
Pre-Application Conference Summary
Attachment #1, Signed Fee Agreement
Response to Attachment #3, Dimensional Requirements Form
Response to Attachment #4, Submittal Requirements – including Written Responses to Review Standards
3-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.
GMQS Exemption Conceptual PUD Temporary Use
GMQS Allotment Final PUD (& PUD Amendment)
Special Review Subdivision
Conceptual SPA
ESA – 8040 Greenline, Stream Subdivision Exemption (includes
Margin, Hallam Lake Bluff, Condominiumization)
Mountain View Plane Final SPA (&SPA
Commercial Design Review Lot Split Amendment)
Residential Design Variance Lot Line Adjustment Small Lodge Conversion/
Expansion
Conditional Use Other:
X
PUD-approved residential townhomes five-plex building and tri-plex building including approved exterior materials and elevations
Amend certain exterior materials on the five-plex building, and amend the window fenestration of one of the triplex buildings
X
X
na
Xna
1,625
(Insubstantial Amendment)
Exhibit 2
Exhibit 3
ASLU
Insubstantial PD Amendment
South Aspen Townhomes Subdivision & PUD
1
CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
PLANNER: Jennifer Phelan, 429-2759 DATE: February 8, 2017
PROJECT: South Aspen Street PUD – Minor Amendment to a Project Review Approval
REPRESENTATIVE: Chris Bendon, BendonAdams
DESCRIPTION:
The Applicant would like to change some of the exterior materials on the fiveplex townhomes and amend the
fenestration on the side of the building of one of the upper lot triplexes. Both proposed changes appear to be minor
in nature and subject to review standards set out in Section 26.445.110, the applicant’s application will be subject
to 26.445.110A, an Insubstantial Amendment which may be authorized by the Community Development Director.
Staff recommends clearly vetting the fenestration issues, to ensure that all requests are included in an application.
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%20a
pp%20form.pdf
Land Use Code:
http://www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zoning/Title-26-Land-Use-
Code/
Land Use Code Section(s)
26.304 Common Development Review Procedures
26.445.110A Insubstantial PD Amendments
Review by: Staff for complete application
Staff for administrative review
Public Hearing: NA
Planning Fees: Planning Deposit: Administrative Review, $1,300 for 4 hours (additional
planning hours over deposit amount are billed at a rate of $325/hour)
Referral Fees: Engineering Deposit: $325 for 1 hour (additional hours over deposit amount are
billed at a rate of $325/hour – fenestration/mud flow review)
Total Deposit: $1,625
To apply, submit the following information:
Completed Land Use Application and signed fee agreement.
Pre-application Conference Summary (this document).
Street address and legal description of the parcel on which development is proposed to occur,
consisting of a current certificate from a title insurance company, an ownership and encumbrance
report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the
Exhibit 4
2
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.
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.
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.
The site improvement survey requirement is waived.
Written responses to all review criteria.
1 Complete Copy. If the copy is deemed complete by staff, the following items will then need
to be submitted:
1 additional copy of the complete application packet.
Total deposit for review of the application.
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.
C O M M I T M E N T f o r T I T L E I N S U R A N C E
issued by
as agent for
FIRST AMERICAN TITLE INSURANCE COMPANY
Reference:Commitment Number: 0704905-C2
Commitment Ordered By:
Todd Emerson
Bald Mountain LLC
132 W. Main St. Ste. C
Aspen, CO 81611
Phone: 970-385-2114 Fax:
email: temerson@baldmountainllc.com
Inquiries should be directed to:
Susan Hass
Title Company of the Rockies
132 W. Main Street, Suite B
Aspen, CO 81611
Phone: (970) 920-9299 Fax: (970) 920-5352
Reference Property Address:
TBD South Aspen Street, Aspen, CO 81611
SCHEDULE A
1.Effective Date: February 16, 2017, 7:00 am Issue Date: March 06, 2017
2.Policy (or Policies) to be issued:
ALTA Owner's Policy (6-17-06)Policy Amount:Amount to be Determined
Premium:Amount to be Determined
Proposed Insured:A Buyer to be Determined
3.The estate or interest in the Land described or referred to in this Commitment is:
Fee Simple
and Title to said estate or interest is at the Effective Date vested in:
ASV Aspen Street Owner LLC, a Delaware limited liability company
4.The Land referred to in this Commitment is located in the County of Pitkin, State of Colorado, and
is described as follows:
FOR LEGAL DESCRIPTION SEE SCHEDULE A CONTINUED ON NEXT PAGE
Alta Commitment - 2006 Schedule A
Exhibit 5
LEGAL DESCRIPTION
The Land referred to herein is located in the County of Pitkin, State of Colorado, and described as
follows:
Lots 1 and 2,
SOUTH ASPEN STREET PUD/SUBDIVISION, according to the Plat thereof filed December 19, 2014,
in Plat Book 108 at Page 60.
TO BE KNOWN AS:
Unit _____, according to the Condominium Declaration for SOUTH ASPEN STREET PUD NORTH
CONDOMINIUM, recorded ______________, 2017, at Reception No. ___________, and the
Condominium Map recorded ______________, 2017, at Reception No. ____________.
NOTE: Upon compliance with Requirement No. 1 the legal description will be amended accordingly.
Commitment No. 0704905-C2 Schedule B-I Requirements
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B - SECTION I
REQUIREMENTS
THE FOLLOWING ARE THE REQUIREMENTS TO BE COMPLIED WITH:
Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the
estate or interest to be insured.
Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed
for record, to wit:
Duly executed and acknowledged Condominium Map of South Aspen Street PUD North1.
Condominium.
Duly executed and acknowledged Condominium Declaration for South Aspen Street PUD North2.
Condominium.
NOTE: The Company reserves the right to make additional requirements and/or exceptions upon
review of the Plat and Declaration contemplated by Requirements No. 1 and 2.
Release by the Public Trustee of Pitkin County releasing subject property from the lien of the Deed of3.
Trust from ASV Aspen Street Owner, LLC for the use of TPG RE Finance, LLC, to secure
$75,000,000.00, dated May 22, 2015, and recorded May 22, 2015, at Reception No. 620109.
NOTE: Assignment of Leases and Rents recorded May 22, 2015, at Reception No. 620110, given
in connection with the above Deed of Trust.
NOTE: Disburser's Notice by TPG RE Finance, LLC, recorded May 22, 2015, at Reception No.
620111.
NOTE: Security interest under the Uniform Commercial Code affecting subject property, notice
of which is given by UCC Financing Statement, from ASV Aspen Street Owner LLC, to TPG RE
Finance, LLC, as agent, secured party, recorded May 22, 2015, at Reception No. 620112.
Articles of Organization for ASV Aspen Street Owner LLC, a Delaware limited liability company,4.
disclosing the names of all Managers of said limited liability company and otherwise complying with
C.R.S. 7-80-101, et seq., as amended, and evidencing the existence of said limited liability company
prior to the time it conveys title to subject property, must be filed in the office of the Secretary of
State for the State of Delaware, but need not be recorded.
Resolution or Statement of Authority by ASV Aspen Street Owner LLC, a Delaware limited liability5.
company, authorizing the transaction, executed by the managers or members set forth in the Operating
Agreement.
NOTE: Review Operating Agreement for authority of party(ies) to act on behalf of said limited
liability company and complete the transaction contemplated herein.
Deed from ASV Aspen Street Owner LLC, a Delaware limited liability company to A Burer To Be6.
Determined.
Alta Commitment - 2006 Schedule B-I Requirements
Commitment No. 0704905-C2 Schedule B-I Requirements (continued)
NOTE: Duly executed real property transfer declaration, executed by either the Grantor or
Grantee, to accompany the Deed mentioned above, pursuant to Article 14 of House Bill No.
1288-CRA 39-14-102.
Evidence satisfactory to the Company or its duly authorized agent that all dues and/or assessments7.
levied by the Homeowners Association have been paid through the date of closing.
Evidence satisfactory to the Company or its duly authorized agent either (a) that the "real estate8.
transfer taxes" imposed by Ordinance No. 20 (Series of 1979), and by Ordinance No. 13, (Series of
1990), of the City of Aspen, Colorado have been paid, and that the liens imposed thereby have been
fully satisfied, or (b) that Certificates of Exemption have been issued pursuant to the provisions
thereof.
THE COMPANY RESERVES THE RIGHT TO CONDUCT AN ADDITIONAL SEARCH OF
THE RECORDS IN THE OFFICE OF THE CLERK AND RECORDER FOR Pitkin COUNTY,
COLORADO FOR JUDGMENT LIENS, TAX LIENS OR OTHER SIMILAR OR DISSIMILAR
INVOLUNTARY MATTERS AFFECTING THE GRANTEE OR GRANTEES, AND TO
MAKE SUCH ADDITIONAL REQUIREMENTS AS IT DEEMS NECESSARY, AFTER THE
IDENTITY OF THE GRANTEE OR GRANTEES HAS BEEN DISCLOSED TO THE
COMPANY.
NOTE: THIS COMMITMENT IS ISSUED UPON THE EXPRESS AGREEMENT AND
UNDERSTANDING THAT THE APPLICABLE PREMIUMS, CHARGES AND FEES SHALL
BE PAID BY THE APPLICANT IF THE APPLICANT AND/OR ITS DESIGNEE OR
NOMINEE CLOSES THE TRANSACTION CONTEMPLATED BY OR OTHERWISE RELIES
UPON THE COMMITMENT, ALL IN ACCORDANCE WITH THE RULES AND
SCHEDULES OF RATES ON FILE WITH THE COLORADO DEPARTMENT OF
INSURANCE.
Alta Commitment - 2006 Schedule B-I Requirements (continued)
Commitment No. 0704905-C2 Schedule B-II Exceptions
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B - SECTION II
EXCEPTIONS
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.
Any loss or damage, including attorney fees, by reason of the matters shown below:
Any facts, rights, interests, or claims which are not shown by the Public Records but which could be1.
ascertained by an inspection of said Land or by making inquiry of persons in possession thereof.
Easements or claims of easements, not shown by the Public Records.2.
Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that3.
would be disclosed by an accurate and complete land survey of the Land.
Any lien, or right to a lien for services, labor or material heretofore or hereafter furnished, imposed4.
by law and not shown by the Public Records.
Defects, liens, encumbrances, adverse claims or other matters, if any created, first appearing in the5.
Public Records or attaching subsequent to the effective date hereof, but prior to the date of the
proposed insured acquires of record for value the estate or interest or mortgage thereon covered by
this Commitment.
(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority6.
that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public
agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown
by the records of such agency or by the Public Records.
Right of the Proprietor of a Vein or Lode to extract and remove his ore therefrom, should the same7.
be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent
recorded August 26, 1949, in Book 175 at Page 298.
Restrictions, which do not contain a forfeiture or reverter clause, as contained in instrument8.
recorded July 26, 1978, in Book 351 at Page 940, Book 351 at Page 942 and Book 351 at Page 944.
Terms, agreements, provisions, conditions and obligations as contained in Lease Agreement9.
Between John H. Roberts, Jr. and the Aspen Skiing Company, a Colorado general partnership,
recorded December 2, 1985, in Book 500 at Page 605, as amended by instrument recorded October
21, 2014, at Reception No. 614729.
Resolution No. 3 ( Series of 2001 ) recorded February 15, 2001, at Reception No. 451526.10.
Ordinance No. 32 ( Series of 2003 ) recorded August 4, 2003, at Reception No. 486407.11.
Notice Of PUD Designation as contained on Page 8 in Ordinance No. 27 ( Series of 2007 ) recorded12.
August 8, 2007, at Reception No. 540761.
Amended and Restated Subdivision/PUD Agreement for South Aspen Street Subdivision/PUD13.
recorded December 19, 2014, at Reception No. 616165, as amended by instrument recorded July 1,
Alta Commitment - 2006 Schedule B-II Exceptions
Commitment No. 0704905-C2 Schedule B-II Exceptions (continued)
2016, at Reception No. 630425..
Easements, rights of way and all other matters as shown on the Plat of South Aspen Street14.
PUD/Subdivision, filed December 19, 2014, in Plat Book 108 at Page 60 as Reception No. 616166.
Notice of PUD Designation recorded July 10, 2007, at Reception No. 539750, August 8, 2007, at15.
Reception No. 540693 and November 12, 2007, at Reception No. 543983.
Contribution Agreement recorded August 2, 2007, at Reception No. 540625.16.
Resolution No. 96 (Series of 2009) by the Aspen City Counsel recorded April 1, 2010, at Reception17.
No. 568178.
Resolution No. 68 (Series of 2012) by the Aspen City Counsel recorded August 21, 2012, at18.
Reception No. 591518.
Resolution No. 18 (Series of 2012) by the City of Aspen Planning and Zoning Commission recorded19.
October 22, 2012, at Reception No. 593257.
Ordinance No. 23 (Series of 2013) by the City of Aspen City Council recorded December 2, 2013,20.
at Reception No. 606010.
Terms, agreements, provisions, conditions and obligations as contained in Cost Sharing And21.
Licence Agreement recorded August 18, 2015, at Reception No. 622523.
Terms, agreements, provisions, conditions and obligations as contained in Notice Of Approval22.
recorded April 21, 2016, at Reception No. 628736.
Terms, agreements, provisions, conditions and obligations as contained in Notice Of Approval23.
recorded July 1, 2016,at Reception No. 630424.
Easement and right of way for underground electric transmission or distribution line and related24.
appurtenances, as granted by ASV Aspen Street Owner LLC to Holy Cross Energy, a Colorado
corporation, by instrument recorded August 12, 2016, at Reception No. 631392, said easement being
more particularly described therein.
Terms, agreements, provisions, conditions and obligations as contained in Trench, Conduit, And25.
Vault Agreement recorded August 8, 2016, at Reception No. 631249.
Terms, agreements, provisions, conditions and obligations as contained in Agreement For26.
Temporary Construction Easement And Subsurface Encroachment Easement recorded December 29,
2016, at Reception No. 635044.
Easements, rights of way and all other matters as shown on the Condominium Map of South Aspen27.
Street PUD North Condominium, recorded __________ 2017, at Reception No. __________.
Those covenants, conditions, obligations, easements and restrictions which are a burden to the28.
Condominium Unit described in Schedule A, and set forth in the Condominium Declaration for
South Aspen Street PUD North Condominium, recorded __________ 2017, at Reception No.
__________.
Alta Commitment - 2006 Schedule B-II Exceptions (continued)
Commitment No. 0704905-C2 Schedule B-II Exceptions (continued)
Alta Commitment - 2006 Schedule B-II Exceptions (continued)
DISCLOSURE STATEMENTS
Note 1: Colorado Division of Insurance
Regulations 3-5-1, Paragraph C of Article VII,
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.” (Gap Protection)
Note 2: Exception No. 4 of Schedule B,
Section 2 of this Commitment may be deleted
from the Owner's Policy to be issued
hereunder 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 may have been
furnished by mechanics or materialmen for
purpose of construction on the Land
described in Schedule A of this
Commitment within the past 13 months.
C. The Company must receive an appropriate
affidavit indemnifying the Company
against unfiled mechanic's and
materialmen's liens.
D. Any deviation from conditions A though C
above is subject to such additional
requirements or Information as the
Company may deem necessary, or, at its
option, the Company may refuse to delete
the exception.
E. Payment of the premium for said coverage.
Note 3: The following disclosures are hereby
made pursuant to §10-11-122, C.R.S.:
(i) The subject real property may be located in
a special taxing district;
(ii) A certificate of taxes due listing each
taxing jurisdiction shall be obtained from
the County Treasurer or the County
Treasurer's authorized agent; and
(iii) Information regarding special districts
and the boundaries of such districts may be
obtained from the County Commissioners,
the County Clerk and Recorder, or the
County Assessor.
Note 4: If the sales price of the subject
property exceeds $100,000.00, the seller shall
be required to comply with the disclosure or
withholding provisions of C.R.S.
§39-22-604.5 (Non-resident withholding).
Note 5: Pursuant to C.R.S. §10-11-123
Notice is hereby given:
(a) If there is recorded evidence that a mineral
estate has been severed, leased or otherwise
conveyed from the surface estate then 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 6: Effective September 1, 1997, C.R.S.
§30-10-406 requires that all documents
received for recording or filing in the clerk
and recorder's office shall contain a top
margin of at least one inch and a left, right
and bottom margin of at least one-half inch
the clerk and recorder may refuse to record or
file any document that does not conform.
Note 7: Our Privacy Policy:
We will not reveal nonpublic personal
customer information to any external
non-affiliated organization unless we have
been authorized by the customer, or are
required by law.
Note 8: Records:
Regulation 3-5-1 Section 7 (N) provides that
each title entity shall maintain adequate
documentation and records sufficient to show
compliance with this regulation and Title 10
of the Colorado Revised Statutes for a period
of not less than seven (7) years, except as
otherwise permitted by law.
Note 9: Pursuant Regulation 3-5-1 Section 9
(F) notice is hereby given that
“A title entity shall not earn interest on
fiduciary funds unless disclosure is made to
all necessary parties to a transaction that
interest is or has been earned. Said disclosure
must offer the opportunity to receive payment
of any interest earned on such funds beyond
any administrative fees as may be on file with
the division. Said disclosure must be clear
and conspicuous, and may be made at any
time up to and including closing.”
Be advised that the closing agent will or
could charge an Administrative Fee for
processing such an additional services request
and any resulting payee will also be subjected
to a W-9 or other required tax documentation
for such purpose(s).
Be further advised that, for many
transactions, the imposed Administrative Fee
associated with such an additional service
may exceed any such interest earned.
Therefore, you may have the right to some
of the interest earned over and above the
Administrative Fee, if applicable (e.g., any
money over any administrative fees involved
in figuring the amounts earned).
Note 10: Pursuant to Regulation 3-5-1
Section 9 (G) notice is hereby given that
“Until a title entity receives written
instructions pertaining to the holding of
fiduciary funds, in a form agreeable to the title
entity, it shall comply with the following:
1. The title entity shall deposit funds into an
escrow, trust, or other fiduciary account
and hold them in a fiduciary capacity.
2. The title entity shall use any funds
designated as “earnest money ” for the
consummation of the transaction as
evidenced by the contract to buy and sell
real estate applicable to said transaction,
except as otherwise provided in this
section. If the transaction does not close,
the title entity shall:
a. Release the earnest money funds as
directed by written instructions signed
by both the buyer and seller; or
b. If acceptable written instructions are not
received, uncontested funds shall be
held by the title entity for 180 days from
the scheduled date of closing, after
which the title entity shall return said
funds to the payor.
3. In the event of any controversy regarding
the funds held by the title entity
(notwithstanding any termination of the
contract), the title entity shall not be
required to take any action unless and until
such controversy is resolved. At its option
and discretion, the title entity may:
a. Await any proceeding; or
b. Interplead all parties and deposit such
funds into a court of competent
jurisdiction, and recover court costs and
reasonable attorney and legal fees; or
c. Deliver written notice to the buyer and
seller that unless the title entity receives
a copy of a summons and complaint or
claim (between buyer and seller),
containing the case number of the
lawsuit or lawsuits, within 120 days of
the title entity’s written notice delivered
to the parties, title entity shall return the
funds to the depositing party.”
Disclosure Statements
DISCLOSURE STATEMENT
Pursuant to C.R.S. 30-10-406(3)(a) all documents received for recording or filing in the Clerk and Recorder's office shall contain a top margin of at least one
inch and a left, right and bottom margin of at least one-half of an inch. The Clerk and Recorder will refuse to record or file any document that does not
conform to the requirements of this section.
NOTE: If this transaction includes a sale of the property and the price exceeds $100,000.00, the seller must comply with the disclosure/withholding
provisions of C.R.S. 39-22-604.5 (Nonresident withholding).
NOTE: Colorado Division of Insurance Regulations 8-1-2 requires that “Every title insurance company shall be responsible to the proposed insured(s) subject
to the terms and conditions of the title commitment, other than the effective date of the title commitment, for all matters which appear of record prior to the
time of recording whenever the title insurance company, or its agent, conducts the closing and settlement service that is in conjunction with its issuance of an
owner's policy of title insurance and is responsible for the recording and filing of legal documents resulting from the transaction which was closed.
Pursuant to C.R.S. 10-11-122, the company will not issue its owner's policy or owner's policies of title insurance contemplated by this commitment until it
has been provided a Certificate of Taxes due or other equivalent documentation from the County Treasurer or the County Treasurer's authorized agent; or
until the Proposed Insured has notified or instructed the company in writing to the contrary.
The subject property may be located in a special taxing district. A Certificate of Taxes due listing each taxing jurisdiction shall be obtained from the County
Treasurer or the County Treasurer's authorized agent. 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: Pursuant to CRS 10-11-123, notice is hereby given:
This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2.
That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and thatA.
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
That such mineral estate may include the right to enter and use the property without the surface owner's permission.B.
NOTE: Pursuant to Colorado Division of Insurance Regulations 8-1-2, 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:
The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit.A.
No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in ScheduleB.
A of this Commitment within the past 6 months.
The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens.C.
The Company must receive payment of the appropriate premium.D.
If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to theE.
Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction
information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium, fully executed
Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the
aforesaid information by the Company.
No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay.
NOTE: Pursuant to C.R.S. 38-35-125(2) no person or entity that provides closing and settlement services for a real estate transaction shall disburse funds as a
part of such services until those funds have been received and are available for immediate withdrawal as a matter of right.
NOTE: C.R.S. 39-14-102 requires that a real property transfer declaration accompany any conveyance document presented for recordation in the State of
Colorado. Said declaration shall be completed and signed by either the grantor or grantee.
NOTE: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance
company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and
civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or
information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a
settlement or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory
agencies.
NOTE: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of an ALTA Closing Protection Letter which
may, upon request, be provided to certain parties to the transaction identified in the commitment.
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.
Exhibit 6
Exhibit 7
Proposed - Removed rain screen
Exhibit 8
Existing - with rain screen
Exhibit 9
window changes
CJ CJ
I SHIFT WINDOW
CO)
I LOCATION . _________________ _.__ __ ._ ___________
PROPOSED PLAN LEVEL 1
FLOOR SLAB STRUCTURE TO SUPPORT 1.5" I ITHICK SLAB ON I I -----FYl.b-llEIGH+---------, FIREPLACE WALL I I I I
I I
I I
I I
I I
I I I I I I I
-b-=.:--=-=--=-=--===--=-•--��!!!!!!!!!!!1111-.._ ______ � NEW WINDOW AS INDICATED IN THE ELEVATION