HomeMy WebLinkAboutpitkin.planning.272917401048DOCUMENT LAYOUT
THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION
LISTED BELOW IN THE FOLLOWING ORDER
Summary Sheet
Resolution for the BOCC and /or P &Z
Ordinance for the BOCC and /or P &Z
Determination for the Hearing Officer
Administrative Determination
Staff Memo
Application
Public Notice, Acceptance Letter, Referral(s) Letter
Site Plan
Miscellaneous
Plat(s)
Parcel ID: 2729- 17 -4 -01 -048 Application Date:
Description: Berry Special Review for a Caretaker Dwelling Unit
Project Address: 420 REDSTONE BLVD, REDSTONE, CO 81623
Property Owner: BERRY Address: PO BOX 448
UVALDE, TX 78802
Owner's REP: WILLIAM O BERRY Address: 48
UVALDE 78802
REP's Email: srubin @masonmorse.com
Referrals: ALL OTHER REFERRALS
Comments Due Date: 05/05/2014
Meetings: 1st Meeting:
Meeting Date:
Review Body: admin
Public Hearing? yes
Notice Date: 04/03/2014
Meeting Notes'
Approvals:
BOCC Resolution #:
BOCC Ordinance #
Admin Determination #. 031 - 2014 #610256
4 Case No: P011 -14
Planner: Suzanne Wolff
# Copies: 1
Allocated Hours: 3
% Over Hours 3.6
Owner Phone: (830) 278 -8223
REP's Phone (830) 278 -8223
Other Referrals Crystal River Caucus None
Housing 3/21/14
2nd Meeting:
Other Information:
VR Approval Date: 05/08/2014 Plat Recorded Date:
VR Expires Date 05/08/2017 Plat (Bk, PG):
Remarks:
Application Type: caretaker Dwelling Unit (CDU)
P &Z Determination #:
HO Determination #:
3rd Meeting:
RECEPTION #: 610266, 0 6/1 312 01 4 at
09:12:01 AM,
1 OF 2, R $0.00 Doc Code ADMIN
DECISION
Janice K. Vos Caudill, Pitkin County, CO
ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF
PITKIN COUNTY, COLORADO, APPROVING THE BERRY SPECIAL REVIEW AND GMQS
EXEMPTION FOR A CARETAKER DWELLING UNIT
Administrative Decision No,� -2014
RECITALS
I. William O. Berry ( "Applicant') has applied to the Pitkin County Community Development Director
( "Director ") for special review approval and GMQS exemption to convert the upper level of an existing
garage into a caretaker dwelling unit, pursuant to Secs. 2- 30- 30(h)(2), 4- 30 -50(e) and 6- 30 -40(c) of the
Land Use Code ( "Code ").
2. The lot is located at 420 Redstone Boulevard, and is described as Lots 33 and 33A, Redstone
Subdivision.
3. The lot is zoned VC and contains 7,898 square feet.
4. The single family residence was built and a Certificate of Occupancy was issued on April 10, 2003.
The garage was built and a Certificate of Occupancy was issued on November 22, 2005; the upper level
is storage space.
5. The Housing Office recommends approval of the caretaker dwelling unit.
6. The Historic Preservation Officer confirmed that review by the Redstone Historic Preservation
Commission is not required to convert an existing space to a caretaker dwelling unit.
7. The Applicant provided notice of the application to the adjacent property owners. No objections or
comments were received.
8. The Director finds that the caretaker dwelling unit complies with the special review and GMQS
exemption provisions of the Code.
9. The Director further finds that the remodeling of the existing storage space into a caretaker dwelling
unit is exempt from Site Plan Review and Scenic View Protection Review, given that there will be no
change to the footprint of the existing structure.
THE DIRECTOR DOES HEREBY APPROVE the Berry Caretaker Dwelling Unit, subject to
the following conditions, which shall run with the land and be binding on all successors in interest:
1. Prior to issuance of a Certificate of Occupancy for the caretaker dwelling unit, the Applicant shall
obtain and the Housing Office shall record a caretaker dwelling unit deed restriction. Actual floor plans
of the unit shall be submitted to the Housing Office with the deed restriction.
2. The kitchen shall contain a minimum of a two burner stove with at least a 5 cubic foot oven that can
bake and broil, sink of at least 14 "W X 16 "D X 5.25 "H, and at least a 5.3 cubic foot refrigerator and
Administrative Decision No. -2014
Page 2
0.73 cubic foot freezer. Two off - street parking spaces shall be provided for the unit. The caretaker
dwelling unit must have separately accessible utilities. This does not preclude shared utilities.
3. Prior to issuance of a Certificate of Occupancy for the caretaker dwelling unit, the Housing Office may
inspect the unit.
4. The floor area of the caretaker dwelling unit shall be included in the total allowed floor area for the lot.
5. Prior to issuance of the building permit for the caretaker dwelling unit, the Applicant shall pay the
applicable tap fees for water and sewer to the Redstone Water and Sanitation District.
6. The Applicant shall adhere to all material representations made in the application and shall consider
those representations to be conditions of approval, unless amended by other conditions.
7. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County
Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use
Code, S 4 -140 and C.RS, S 24 -68 -105. The statutory vested rights granted herein shall expire on
/) 2017.
PUBLIC NOTICE PUBLISHED IN THE ASPEN TIMES WEEKLY on the 4`h day of April, 2014.
APPROVED by the Director, this day of 2014.
PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen
Times Weeklv on the day of ma � / , 2014. IIAC� Ak �- �" Q1 .
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Ci— ndy Houben, Community Development Director
P011 -14
PID #272917401048
ATTN: Suzanne Wolf
Berry Special Review for Caretaker Dwelling Unit (Case# P011 -14)
William Berry
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Berry Special Review for Caretaker Dwelling Unit (Case# P011 -14)
Special Review Criteria:
(a) The special review is consistent with the Pitkin County Master Plan including
the Redstone Master Plan. This CDU "finish out" will be in keeping with the
residential neighborhood where it is located. This is an existing structure
with only an interior finish out.
(b) The special review does not conflict with the County Land Use Code or Land
use Policies found in Chapter 1. This will be a finish out of an existing CDU
over the garage.
(c) The proposed development does not materially endanger the public health,
safety, and welfare. This is an existing building, only the interior of the CDU
is to be completed.
(d) The proposed development will not injure the value of any adjoining
properties. The current adjacent property has 3 rentable units with monthly
rentals across the street at the Redstone Cliffs.
(e) The special review is consistent with the zone district of residential in which
it is located.
(f) The special review is compatible with the immediate vicinity and the
character of the surrounding land. See (d) above.
(g) N/A (It is an existing structure.)
(h) The site of the CDU has immediate access to roads, potable water, sewer,
solid waste, parks, police, fire protection, emergency medical services,
hospital and medical services, drainage systems, and schools. The proposed
project is connected to the Redstone Water and Sanitation District facilities.
All fire and emergency personnel will have easy access, as this will only be a
"finish out" of the existing structure.
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PITKIN COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
130 S. Galena Street
Aspen, Colorado 81611
(970) 920 -5526
February 26, 2014
William Berry
P.O. Box 448
Uvalde, TX 78802
Re: Berry Special Review for Caretaker Dwelling Unit (Case# P011 -14)
Dear Mr. Berry,
The Community Development Department has completed its preliminary review of the captioned
application. We have determined that this application is incomplete. The application will not be reviewed
until the following items are submitted:
Can you show on the plan of the lot where 2 parking spaces can be accommodated for the CDU?
Can you specifically address the special review criteria in Sec. 2- 30 -30(h) of the Code? 1 copied the
section below.
I sent an email on January 30 to Sherry Rubin requesting this additional information, but did not realize that
she is not representing you on this application. 1 apologize for the delay in getting this request to you. If
you have any questions, please call me at 920 -5093 or email suzanne.wolLf(pitkincouiit,/.com.
Thank you.
Sincerely,
Suzanne Wolff
Senior Planner
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Pitkin County Community Development Department
This certificate issued pursuant to the requirements of the 2003 edition section 110 of the Intemationet
Residential Code. It certifies that at the date of Issuance, the structure as descnbed below was In
compliance with the various resolutions and ordinances regulating budding construction and use In this
jurisdiction.
Use Classification: GARAGE
Building Permit: 0029.2005.PRBU
Building Address: 420 REDSTONE BLVD -
REDSTONE CO 81623
Owner of Building: DAVID AND JANA KOUBEK
OwnerAddres's: 420 REDSTONE BLVD
REDSTONE CO 81623
Group: IRC
Type of Construction: V -B
Use Zone: VC
Description:
PARCEL ID 272917401048 -
LOTS 33 AND 33A, REDSTONE SUBDIVISION. 557 SQUARE FOOT TWO -STORY
DETACHED TWO -CAR GARAGE INCLUDES 361 SQUARE FEET OF GARAGE AND 196
SQUARE FEET OF STORAGE ABOVE.
Comments & Restrictions:
BOARD OF ADJUSTMENT 02 -2005.
qwa a i
Chief Building Official Dat
Note. In all occupancies, except R this certificate must be posted In a conspkuom place near the main exit on the premises
for which It is Issued. My alterallon or use of these deacnbed premises cr wrijoh tiered without me wntten eppmo aid the eulidirg
ofpciel shall negate this Co and subject a to revocation
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:1 cos ' g76 35 acre Roaring Fork or UGS parcel
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cs•.cne 2000 Subdivision Lot or 35 acre Parcel
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RESOLUTION OF THE PITKIN COUNTY, COLORADO
BOARD OF ADJUSTMENT
GRANTING A VARIANCE FOR
LOTS 33 AND 33A, REDSTONE
Resolution No. 02 -2005
WHEREAS, David Koubek and Jana Koubkova, owners of 420 Redstone Blvd., are
requesting a 8.5 foot Rear Yard setback variance for the construction of a detached garage;
and
WHEREAS, 10 feet is the required rear yard setback for this 7,898 square foot lot in the VC
Zone District; and
WHEREAS, the parcel is described as Lots 33 and 33A, Redstone; and
WHEREAS, the Board of Adjustment is vested with the power to grant or deny such
variances by virtue of Title 11, Section 7- 10.30, Pitkin County Code (Land Use Code) and
Colorado Revised Statutes, 1973, 30-28- 118(2) (C); and,
WHEREAS, based on the evidence presented, the Board of Adjustment makes the following
findings:
1. Proper notice procedures, including the notification of all adjoining property owners, has
been demonstrated.
2. The required hardship or practical difficulty has been established.
3. Granting such relief will not cause substantial detriment to the public welfare and will
not substantially impair the intent and purpose of the Zoning Resolutions and the zoning
maps.
NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment, that an 8.5 foot
Rear Yard Setback Variance be granted for the construction of a detached garage as shown
on Exhibits A and B.
WARNING: Any violation of the terms of this resolution may result in rehearing and
possible revocation.
The Resolution was adopted by vote of the Board of Adjustment of the County of Pitkin,
State of Colorado.
DATED: March 14, 2005 ic Bo of Adjustor
ty, Colo 0
ATTEST:
Joanna S. c affner, date k H date
County Zoning Officer Chairperson
Parcel M# 2729 - 174 -01-048
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SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00
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To Whom It Mav Concern:
I am submitting this application for the Caretaker Dwelling Unit at 420 Reaston-
Blvd. The proposal is to convert the space above the existing garage into a caretaKe.
dwelling unit. It is the current owners wish to finish the CDU. Compliance with land
use code sections:
2- 30- 30(h): Special Review Criteria for CDU
4- 30- 50(e)(1)(2): CDII
6- 30- 40(c): GMQS Exemption for CDU
Have all been accounted for and followed. The formal application for the Special
Review for CDU has been completed and all required documentation attached.
William Berry
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BERRY STUDIO APT. FLOOR PLAN
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BERRY STUDIO APT. BLDG. SECTIONS
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RECEPTION #: 584339, 11/14/2011 at 04:20:58 PM, 1 OF 12, R6.0Q
Janice K. Vos Caudill, Pitkin County, CO
The panted portions of Ih'e rent, meept dRer mitred add,00ne, have been aMmvcd by the Unsnarl neat -sum s,cmm w,„ I
' f'D"/bx•i DlrManCauny l -III _
IF THIS FORM i5 IIsED IN A CONSOMER CREDIT TBANSAC'f10N, CONSULT LEGAL COUNSEL
THIS IS A LEGAL INSTRUMENT. IF NOT UNDERSTOOD, LEGAL, TAX OR OTHER COUNSEL SHOULD BE
CONSULTED BEF01a F. SIGNING.
DEED OF TRUST
(Due on Transfer— Strict)
THIS DEED OF TRUST is made this 4th day of November, 2011, between WILLIAM 0. BERRY (Borrower), whose
address is 420 Redstone Blvd, Redstone, Colorado 81823; and the Public Trustee of the County in which the property
(see § I) is situated (Trio ); for the bereft of First State Bank Of Uvalde (Lender), whose address :s PO. Box 1908,
Uvalde, Uvalce County, Texas 78802 -1908.
Borrower and Lender covenant and agree m follows:
1. Properly in Trust. Borrower, to consideration of the indebtedness herein recited and the trust herein cluil
hereby grants and conveys to Trstal in Until with power of aale, the following legally deathbed property located in the
REDSTONE SI:BOIVISION County of Pttk n, State of Colorado:
Lots 33 and 33A
known as No. 420 Redstone Blvd Redstone Colorado 8.623 (Prod Address;,
Street Address City state Zip
together with ad Fs appurtenances (Property').
2. Nntc: Other Obligations Stcu red. This Decd of Trust is given to secure to Lender
2.1. the repayment of the indebtedness evidenced by Bonowul note (Note) dated November 4, 2011 in
the principal sum of TWO HUNDRED NINETY -SIX THOUSAND FIVE HUNDRED FIFTY AND N011CO Dollars
(U.S. $29.6,550 00), with interest on the unpaid principal balance from November 4, 2011 until paid Of the talc of
inilially at 3 DO% percent per annum, with principal and interest payable at 200 E. Nepal Street, Uvalde, Uvalde
County. Texas 78801 or such Dthcr place as Lender may designate, ir. monthly payments of One Thousand Four
Hundred Six and 621100 Donlan (U.S $1,406.62), due on the 1st day of one., month beginning January 1, 2012; such
payments to continue until the entire indebtedness evidenced by said Note is fully paid; however, if not sooner paid, the
entire principal amount outstanding and accred intunst thereon shall be due and payable an December 1, 2038; and
Borrower is to pay to Lender a :ate charge 01`5 0% of any payment not received by Lender within 15 days after payment is
due; and Botro' +er has the right to prepay the principal ampunl outstanding under said Note, m whole or in part, a any tine
without penalty except NrA;
2.2. the payment of all other' sums, with inteest thetcou at 18 00% per annum, disbursed by, Lender in
accordance with this Deed of Trust to protect the security of this teed ofTnur, and
2.3. the performance of the covenants and agreements of Borrower herein contained
3. Title. 'Borrower covenants that Borrower owns and has the riot to grant and convey the iroperty, and warohts
title to the same, subject to general real estate taxes for the current your, casements of retard or ir. existence, and recorded
ccdaa:inns, Molehill reservanens and covenants, if any, al of this dux; and swlcct to ( See Exhibit "A ")
a. Payment of Principal and Interest. Borrower shall promptly pay when duc the principal of and intcrmt on the
indebtedness e, idenccd Dy the Note, ant are charges m provided In the Note aid shall perform all of Borrower's other
covenants eonuin:d in the Note.
S. Application or Payments. Al payments received by Lender wder the items hereof shall be applied by Lcnde,
sirs; in payment of amounts due partisans to § 23 (Escrow Funds for Taxes and Insurance), then to amounts dsbursed by
Lender pursuant to § 8 (Protection of London's Security), and the balance in accordance with the terns and conditions of the
Notes
ti. Prior Nottgages and Deeds of Trust; Charges; Mena Borrower abut l perform al I of Borrower's ohligatioas
order my prim deed of b+tst and soy other prior liens. Borrower shall pay all taxes, assessments and other cbatll fines
I... 1 si is
ubu013
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The ponied portions of tins form, except ditfavitlated additions, have been approved by the Colorado Real Estate Commission.
(TD1b8•IO) (Mandatory I.11)
IF THIS FORM IS USED IN A CONSUMER CREDIT TRANSACTION, CONSULT LEGAL COUNSEL
THIS IS A LEGAL INSTRUMENT. IF NOT UNDERSTOOD, LEGAL, TAX OR OTHER COUNSEL SHOULD BE
CONSULTED BEFORE SIGNING.
DEED OF TRUST
(Due on Transfer — Strict)
THIS DEED OF TRUST is made this 4th day of November, 2011, between WILLIAM 0. BERRY (Borrower), whose
address is 420 Redstone Blvd, Redstone, Colorado 81823; and the Public Trustee ofthe County in which the Property
(sea § 1) is situated (Trustee); for the benefit of First State Bank of Uvalde (Lender), whose address is P.O. Box 1908,
Uvalde, Uvalde County, Texas 78802 -1908.
Borrower and Lender covenant and agree as follows:
1. Property in Trust. Borrower, in consideration of the indebtedness herein recited and the trust herein treated
hereby grants and conveys to Trustee in trust, with power of sale, the following legally described property located in the
REDSTONE SUBDIVISION County of Pitkin, State ofC010rado:
Lots 33 and 33A
known as No. 420 Redstone Blvd Redstone Colorado 81623 (Property Address),
Street Address City State Zip
together with all its appurtenances (property).
2. Nola: Other Obligations Secored. This Deed of Trial is given to secure to Lender:
It. the repayment of the indebtedness evidenced by Borrower's note (Note) dated November 4, 2011 in
the principal sum of TWO HUNDRED NINETY -SIX THOUSAND FIVE HUNDRED FIFTY AND NO1100 Dollars
(U.S. $298,550.00), with interest on the unpaid principal balance from November 4, 2011 until paid, at the rate of
initially at 3.00% percent per annum, with principal and interest payable at 200 E. Nepal Street, Uvalde, Uvalde
County, Texas 78801 or such other place u Lender may designate, in monthly payments of One Thousand Four
Hundred Six and 621100 Dollars (U.S. $1,406.62), due on the 1st day of each month beginning January 1, 2012; such
payments to continue until the entire indebtedness evidenced by said Note is fully paid; however, if not sooner paid, the
enure principal amount outstanding and accrued interest thereon shall be due and payable on December 1, 2036; and
Borrower is to pay to Lender a late charge of 5.0% of any payment not received by Lender within 15 days after payment is
due; and Borrower has the right to prepay the principal amount outstanding under said Note, in whole or in part, at any time
without penalty except NIA;
2,2. the payment of all other sums, with interest thereon at 18.00% per annum, disbursed by Lender in
accordance with this Deed of Trust to protect the security of this Deed of Trust; and
2.3. the performance of the covenants and agreements of Borrower herein contained.
3. Title, 'Borrower covenants that Borrower owns and has the right to grant and convey the Property, and warrants
title to the same, subject to general real estate taxes for the anent your, easements of record or in existence, and recorded
declarations, restrictions, reservations and covenants, if any, as of this date; and subject to ( See Exhibit "A:').
4. Payment of Principal and Interest. Borrower shall promptly pay when due the principal of and interest on the
Indebtedness evidenced by the Note, and late charges as provided in the Note and shall perform all of Borrower's other
covenants contained in the Note.
5. Application of Payments. All payments received by lender under the torms hereof shall be applied by Lender
first in payment of amounts due pursuant to § 23 (Escrow Funds for Taxes and Insurance), then to amounts disbuned by
Lender pursuant to § 9 (Protection of Lender's Security), and the balance in accordance with the terms and conditions of the
Note.
6. Prior Mortgages and Deeds of Trust; Changes; Liens. Borrower shall perform all of Borrower's obligations
under any prior deed of trust and any other prior liens. Borrower shall pay all taxes, usessmcnta and other charge a, Mes
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payments or ground rents, if any, in the manner set out In § 23 (Escrow Funds for Taxes and Insurance) or, if not required
to be paid in such manner, by Borrower making payment when due, directly to the payee thereof. Despite the foregoing.
Borrower shalt not be required to make payments otherwise required by this section if Borrower, after notice to Lender,
shall in good faith contest such obligation by, or defend enforcement of such obligation IN legal proceedings which operate
to prevent the enforcement of the obligation or forfeiture of the Property or any part thereof, only upon Borrower making
all such contested payments and other payments as ordered by the court to the registry of the court in which such
proceedings are tiled.
7. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected one the Property
Insured against loss by Stem hazards Included within the term "extended coverage' in an amount at least equal to the
lesser of (a) the insurable value of the Property or (b) an amount sufficient to pay the sums secured by this Deed of Trust as
well as any prior encumbrances on the Property. All of the foregoing shall be known as "Property Insurance."
The insurance carrier providing the insurance shall be qualified to write Property Insurance in Colorado and shall be
chosen by Borrower subject to fender's right to reject the chosen carrier for reasonable cause. All insurance policies and
renewals thereof shall include a standard mortgage clause In favor of Lender, and shall provide that the insurance carrier
shall notify Lender at least ten (10) days before cancellation, termination or any material change of coverage. Insurance
policies shall be furnished to Lender at or before closing. Lender shall have the right to hold the policies and renewals
thereof.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of
loss if not made promptly by Borrower.
Insurance proceeds shall be applied to restoration or repair of the Property damaged, provided &aid restoration or repair
is economically feasible and the security of this Deed of Trust is not thereby impaired. If such restoration of repair is not
economically feasible or if the security of this Dad of Trust would be impaired, the Insurance proceeds shall be appticd to
the sums secured by this Dad of Trust. with the excess, if any, paid to Borrower. If the Property is abandoned by
Borrower, or if Borrower falls to respond to Lender within 30 days from the date notice is given in accordance with § 16
(Notice) by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender is
authorized to collect and apply the Insurance proceeds, at Lender's option, either to restoration or repair of the Property or
to the sums secured by this Deed of Trust.
Any such application of proceeds to principal shall not extend or postpone the due date of the installments referred to
in §§ 4 (Payment of Principal and Interest) and 23 (Escrow Funds for Taxes and Insurance) or change the amount of such
Installments. Notwithstanding anything heroin to the contrary, if under § 18 (Acceleration; Foreclosure; Other Remedies)
the Property is acquired by lender, all right, title and interest of Borrower in and to my insurance policies and In and to the
proceeds thereof resulting from damage to the Property prior to the sale or acquisition shall pass to Lender to the extent of
the sums secured by this Deed of Trust immediately prior to such sale or acquisition.
All of the rights of Borrower and lender hereunder with respect to insurance carriers, insurance policies and insurance
Proceeds are subject to the rights of any holder of a prior deed of trust with respect to said insurance caries, policies and
proceeds.
& Preservadoa and Maintenance of Property. Borrower shall keep the Property in good repair and shall not
commit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this
Deed of Treat is on a leasehold. Borrower shall perform all of Borrower's obligations under any declarations, covenants,
by-laws, rules, or other documents governing the use, ownership or occupancy of the Property.
9, Proleetfon of Leader's Severity. Except when Borrower has exercised Borrower's nghts under § 6 above, if
Borrower fails to perform the covenants and agreements contained in this Dad of Trust, or if a default occurs in a prior
lien, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, then Lender, at
Lender's optfon, with notice to Borrower if required by law, may make such appearances, disburse such sums and take such
action as is necessary to protect Lender's interest, including, but not limited to:
9.1. any general or special taxes or ditch or water assessments levied or accruing against the Property,
9.2. the premiums on any insurance necessary to protect any improvements comprising a part of the Property:
9.3, sums due on any prior lien or encumbrance on the Property;
9.4. if the Property is a leasehold or is subject to a lease, all sutra due under such least;
9,5. the reasonable costs and expenses of defending, protecting, and maintaining the Property and LeMer's
interest in the Property, Including repair and maintenance costs and expenses, cons and expenses of protecting and securing
the Property, receiver's fees and expenses, inspection fem appraisal fees, court costs, attorney fees and costs, and fees and
costs of an attorney in the employment of Lender or holder of the certificate of purchase;
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9.6. all other costs and expenses allowable by the evidence of debtor this Deed of Trust; and
9.7, such other costs and expenses which maybe authorized by a court of competent jurisdiction.
Borrower hereby assigns to Lender any light Borrower may have by reason of any prior encumbrance on the Property
or by taw or otherwise to cure any default under said prior encumbrance.
Any amounts disbursed by Lender pursuant to this § 9, with Interest thereon, shall become additional indebtedness of
Borrower secured by this Deed of Trust. Such mounts shall be payable upon notice from Lender to Borrower requesting
payment thereof, and Lender may bring suit to collect any amounts so disbursed plus interest specified in 12.2 (Note: Other
obligations Secur4. Nothing contained in this § 9 shall require Lender to moo any expense or take any action hereunder,
10. Inspection. Lender may make or cause to be made reasonable entries upon and inspection of the Property,
provided that tender shall give Borrower notice prior to any such inspection specifying reasonable cause therefore related
to Lender's interest in the Property.
11. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with
any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby
assigned and shall be paid to Lender as herein provided. However, all of the rights of Borrower and Lender hereunder with
respect to such proceeds are subject to the rights army holder of a prior deed of trust
In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Deed of Trust,
with the excess, if any, paid to Borrower. in the event of a partial taking of the Property, the proceeds remaining after
taking out any part of the award due any prior lien holder (net award) shall be divided between Lender and Borrower, to the
same ratio as the amount of the sums secured by this Deed of Trust immediately prior to the date of taking bears to
Borrower's equity in the Property immediately prior to the date of taking. Borrower's equity in the Property means the fair
market value of the Property leas the amount of sums secured by both this Deed of Trust and all prior liens (except taxes)
that an to receive any of the award, all at the value Immediately prior to the date of taking.
If the Property is abandoned by Borrower or it after notice by (.ender to Borrower that the condemnor often to make
an award or sale a claim for damages, Borrower fails to respond to Lender within 30 days after the date such notice is
given, Lender is authorized to collect and apply the proceeds, at Lender's option, either to restoration or repair of the
Property or to the sums secured by this Deed of Trust.
Any such application of proceeds to principal shall not extend or postpone the due date of the installments referred to
In §§ 4 (Payment of Principal and Interest) and 23 (Escrow Funds for Taxes and Insurance) nor change the amount of such
installments.
12, Borrower not Released. Exremien of the time for payment or modification of amortization of the sums secured
by this Deed of Trust granted by Lender to any successor in interest of Borrower shall not oparate to release, in any manner,
the liability of the original Borrower, nor Borrowaea successors in interest, from the original terms of this Deed of Trust.
Lender shall not be required to commence proceedings against such successor m refuse to extend time for payment or
otherwise modify amortization of the sums secured by this Deed of Trust by reason of any demand made by the original
Borrower not Borrower's successon in interest.
13. Forbearance by Leader Not a Waiver. Any forbearance by Lender in exercising arty right or remedy
hereunder, or otherwise afforded by law, shall not be a waiver or preclude the exercise army such right or remedy.
14. Remedies Cumulative. Each remedy provided in the Note and this Deed of Trust is distinct from and
cumulative to all other rights or remedies under the Note and this Deed or Tt t or afforded by law or equity, and may be
exercised concurrently, independently or Successively,
15. 5accelsors and Amiga$ Bound; Joint and Several Liability; Captions. The covenants and agreements heroin
contained shall bind, and the rights hereunder shall inure to, the respective succomon and assigns of lender and Borrower,
subject to the provisions of § 24 (Transfer of the Property; Assumption). All covenants and agreements of Borrower shall
be joint and several. The captions and headings of the sections in this Deed of Trust are far convenience only and are not to
be used to interpret or define the provisions hereof.
16. Notice. Except for any notice required by law to be given In another manner, (a) any notice to Borrower
provided for in this Deed of Trust shall be in writing and shall be given and be effective upon (1) delivery to Borrower or
(2) mailing such notice by first class U.S. mail, addressed to Borrower at Borrower's address stated herein or at such other
address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be in writing
and shall be given and be ei£ective upon (1) delivery to Lender a (2) mailing such notice by first class V.S. mail, to
Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein.
Any notice provided for in this Decd of Trust shall be deemed to have been given to Borrower or Lender when given in any
manner designated herein.
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11, Governing Law; Severabllity, The Note and this Decd of Trust shall be governed by the law of Colorado. In
the event that any provision or clause of this Deed of Trust or the Nota conflicts with the law, such conflict shall not affect
other provisions of this Deed of Trust or the Note which can be given effect without the conflicting provision, and to this
end the provisions of the Deed of Trust and Note are declared to be severable.
18. Acceleration; Foreclosure; Other Remedies. Except as provided in § 24 (Transfer of the Property;
Assumption), upon Borrower's breach of any covenant or agreement of Borrower in this Deed of Trust, or upon any default
in a prior lien upon the Property, (unless Borrower has exercised Borrower's rights under § 6 above), at Lender's option, all
of the sums secured by this Deed of Trust shall be immediately due and payable (Acceleration). To exercise this option,
Lender may invoke the power of sale and any other remedies permitted by law. lender shall be entitled to collect all
reasonable costs and expenses incurred in pursuing the remedies provided in this Deed of Trust, including, but not limited
to, reasonable ottomcy's fees.
If Lender invokes the power of sale, Lender shall give written notice to Trustee of such election. Trustee shall give
such notice to Borrower of Borrower's rights as Is provided by law, Trustee shall record a copy of such notice and shall
cause publication of the legal notice as required by low in a legal newspaper of general circulation in each county is which
the Property is situated, and shall mail copies of such notice of sale to Borrower and other persons as prescribed by taw.
After the lapse of such time as may be requbed by law, Trustee, without demand on Borrower, shall sell the Property at
public auction to the highest bidder for cash at the time and place (which may be on the Property or any part thereof as
permitted by law) in one or more parcels as Trustee may thirds best and in such order as Trustee may determine. Lender or
Lender's designee may purchase the Property at any sale. It shall not be obligatory upon the purchaser at any such sale to
see to the application of the purchase money.
Trustee shall apply the proceeds of the sale in the following order: (a) to all reasonable costs and expenses of the sale,
including, but not limited to, reasonable Trustee's and attorney's fees and costs of title evidence; (b) to all sums secured by
this feed of Trust; and (c) the excess, if arty, to the person or persons legally entitled thereto.
19. Borrower's Right to Cure Default Whenever ftrecloaure is commenced for nonpayment of any sums due
hereunder, the owners of the Property or parties liable hereon shall be entitled to cum said defaults by paying all delinquent
principal and 'interest payments due as of the date of care, costs, expenses, late charges, attorney's fees and other fees all in
the manner provided by law. Upon such payment, this Deed of Trust and the obligations secured hereby shall remain in full
force and effect as though no Acceleration had occurred, and the foreclosure proceedings shall be discontinued.
20. Assignment of Rents; Appolotmeot of Receiver; Leader in Possession. As additional security hereunder.
Borrower hereby assigns to Lender the Tents of the Property, however, Borrower shall, prior to Acceleration under § 18
(Acceleration; Foreclosure; Other Remedies) or abandonment of the Property, have the right to collect and retain Such rents
as they become due and payable.
Lender or the holder of the Trustee's certificate of purchase shall be entitled to a receiver for the Property after
Acceleration under § 18 (Acceleration; FoTeClostau; Othcr Remedies), and shall also be so entitled timing the time covered by
foreclosure proceedings and the period of redemption, if any; and shall be entitled thereto as a matter of right without regard to
the solvency or insolvency of Borrower or of the than owner of the Property, and without regard to the value thereof. Such
receiver may be appointed by any Court of competent Jurisdiction upon ex pane application and without notice; notice being
hereby expressly waived.
Upon Acceleration under § 18 (Acceleration: Foreclosure; Other Remedies) or abandonment of the Property. Lender,
in person, by agent or by judicially- appointed receiver, shall be entitled to enter upon, take possession of and manage the
Property and to collect the rents of the Property Including those past due. All rent, collected by Lender or the receiver shall
be applied, first to payment of the costs of preservation and management of the Property, second to payments dux upon
prior liens, and then to the sums secured by this Deed of Trust. Lender and the receiver shall be liable to account only for
those rents actually received.
2t. Release, Upon payment of all sums secured by this Deed of Trust, Lender shall cause Trustee to release this
Deed of Trust and shall produce for Trustee the Note. Borrower shall pay all costs of recordation and shall pay the statutory
Trustee's fees. If Lender shall not produce the Note as aforesaid, than Lender, upon notice in accordance with § 16 (Notice)
from Borrower to Lender, shall obtain, at Lender's expense, and file any lost instrument bond required by Trustee or pay
the cost thereof to effect the release of this Deed of Trust.
22. Waiver of Exemptloos. Borrower hereby waives all right of homestead and any other exemption in the
Property under state or federal law presently existing or hereafter enacted.
23. Escrow Funds for Taxes and Insurance. This § 23 is not applicable if Funds, as defined below, are being paid
pursuant to a prior encumbrance. SubJecl to applicable law, Borrower shall pay to Lender, on cash day installments of
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principal and interest are payable under the Note, until the Note is paid in full, is sum (herein referred to as "Funds") equal
to (see attached Waiver) of the yearly taxes and assessments which may attain priority over this Deed of Trust, plus (see
attached Waiver) of yearly premium installments for Property insurance, all as reasonably estimated initially and from
time to time by Lender on the basis of assessmonts and bills and reasonable estimates thereof, taking into account any
excess Funds not used or shortages.
The principal of the Funds shall be hold in a separate account by Lender in trot for the benefit of Borrower and
deposited in an institution, the deposits or accounts of which are insured or guaranteed by a federal or state agency. Lender
shall apply the Funds to pay said taxes, assessments and Insurance premiums. Lender may not charge for so holding and
applying the Funds, analyzing said account or verifying and compiling said assessments and bills. Lender shall not be
required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge, an annual
accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was
made. The Funds are pledged w additional security for the sums secured by this Deed of Trust.
If the amount of the Funds held by Lender shall not be sufficient to pay taxes, assessments and insurance premiums w
they fall due, Borrower shall pay to Lender any amount necessary to make up the deficiency within 30 days from the date
notice is given in accordance with § 16 (Notice) by Lender to Borrower requesting payment thereof. Provided however, if
the loan secured by this Deed of Trust is subject to RESPA or other laws regulating Escrow Accounts, such deficiency,
surplus or any other required adjustment shall be paid, credited or adjusted in compliance with such applicable laws.
Upon payment in full of all sums secured by this Dad of Trust, Lender shall simultaneously refund to Borrower any
Funds held by Lender. If under § 19 (Acceleration; Foreclosure; Other Remedies) the Property Is sold or the Property is
otherwise acquired by Lender, Lender shall apply, no later than immodtately prior to the sale of the Property ar its acquisition
by Lender, whichever occurs Brst, any Funds held by Lender at the time of application w a credit against the sums secured by
this Deed of Trust.
24. Transfer of the Property; Assumption. The following events shall be referred to herein as a "Transfef': (i) a
transfer or conveyance of tide (or any portion thereof, legal or equitable) of the Property (or any part thereof or interest
(herein); (it) the execution of a contract or agreement creating a right to title (or any portion thereof, legal or equitable) in
the Property (or any part thereof or interest therein); (iii) or an agreement granling a possessory right in the Property (or any
portion thereof), in excess of 3 years; (iv) a sale or transfer of, or the execution of a contract or agreement creating a right to
acquire or receive, more than fifty percent (50°16) of the controlling interest or more than fifty percent (50%) of the
beneficial interest in Borrower end (v) the reorganization, liquidation or dissolution of Borrower. Not to be included as a
Transfer are (x) the creation of a lien or encumbrance subordinate to this Deed of Trust; (y) the creation of a purchase
money security interest for household appliances; or (z) a transfer by devise, descent or by operation of the law upon the
death of a joint tenant. At the election of Lender, in the event of each and every Transfer:
24.1. All sums secured by this Deed of Trust shall become immediately due and payable (Acceleration),
24.2. if a Transfer occurs and should Lender not exercise Leader's option pursuant to this § 24 to Accelerate,
Transferee shall be deemed to have assumed all of the obligations of Borrower under this Deed of Trust including all sums
secured hereby whether or not the instrument evidencing such conveymm contract or grant expressly so provides. This
covenant shall run with the Property and remain In full force and effect until said sums we paid in full. Lender may without
notice to Borrower deal with Transferee in the some manner as with Borrower with reference to said sums including the
payment or credit to Transferee of undisbursed reserve Funds on payment in full of said sums, without in any way altering
or discharging Borrower's liability hereunder for the obligations hereby secured,
24.3. Should Lender not elect to Accelerate upon the occurrence of such Transfer then, subject to § 24.2 above,
the more fact of a lapse of time or the acceptance of payment subsequent to any of such events, whether or not Lender had
actual or constructive notice of such Transfer, shall not be deemed a waiver of Lender's right to make such elation nor
shall Lender be estoppod therefrom by virtue thereof The issuance on behalf of Lender of a routine statement showing the
status of the loan, whether or not Lender had actual or constructive notice of such Transfer, shall not be a waiver or
estoppel of Lender's said rights.
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25. Borrower's Copy. Borrower acknowledges receipt of a copy of the Note and this Deed of Trust.
EXECUTED BY BORROWER.
IF BORROWER IS A NATURAL PERSON(s):
WILLIAM 0. BERRY
STATE OF TEXAS /
COUNTY OF ( v
The foregoing instrument was acknowledged before me this ,_,--4— day of November, 2011 by
WILLIAM 0. BERRY. r)
,,,�„ Witness m a offidal seal.
'DONALD L. OW ENS l My co s n ires:
W"Puwic.SwworTMW
�p I jiPublic, State o exas
MAY 11, 2015
0100019
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Sublect to:
1. Easements, or claims of easements, not shown by the public records,
2, Any lien, or right to a lien, for services, labor or material heretofore or hereafter
furnished, imposed by law and not shown by the public records.
3. Unpatented mining claims, reservations or exceptions in patents, or in acts
authorizing the issuance thereof.
4. Water rights, claims or title to water.
5. The effect of inclusions in any general or specific water conservancy, fire protection,
soil conservation or other district or inclusion in any water service or street
improvement area.
6. Right of the proprietor of a vein or lode to extract and remove his ore therefrom,
should the same be found to penetrate or intersect the premises, as reserved in United
States Patent recorded March 10, 1897 in Book 55 at Page 73 as Reception No.
60213.
7. Right of the proprietor of a vein or lode to extract and remove his ore therefrom,
should the same be found to penetrate or intersect the premises, as reserved in United
States Patent recorded August 25, 1898 in Book 55 at Page 85 as Reception No.
63889.
8. Easement and right of way for road purposes as granted to the United States of
America in document recorded July 12, 1917 in Book 154 at Page 562 as Reception
No. 78758, insofar as it may affect subject property.
9. Terms, conditions, obligations and provisions in Deeds recorded February 15, 1945 in
Book 166 at Page 315 and recorded October 31, 1945 in Book 171 at Page 79.
10. Resolution No. 77 -15 issued by The Board of County Commissioners for the purpose
of revising the lot lines of and enlarging lots within Redstone Subdivision as recorded
February 16, 1977 in Book 324 at Page 889 as Reception No. 192118.
11. Short Pond Covenants recorded May 22, 1979 in Book 369 at Page 170 as Reception
No. 214697.
12. Easements and rights of way as shown on the Plat recorded April 20, 1944 in Plat
Book 02 at Page 24 as Reception No. 88668 and Revised Plat recorded February 20,
1977 in Plat Book 05 at Page 65 as Reception No. 192142,
13, Terms, conditions, provisions and obligations contained in the Deed recorded May 4,
1990 in Book 619 at Page 695.
Exhibit "A"
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14. Pitkin County Ordinance No. 94 -14, adopting amendments to the Land Use Code and
re- zoning certain properties in Redstone, recorded June 15, 1995 in Book 783 at Page
617 as Reception No. 382211.
15. Resolution of the Planning and Zoning Commission of Pitkin County, Colorado,
Granting Approval for an Insubstantial Amendment to a Recorded Plat for David and
Patty Nelson Resolution No. PZ -92 -30 as set forth in instrument recorded December
9, 1992 in Book 697 at Page 60 as Reception No. 351661.
16. Resolution No. 107.2002 recorded July 2, 2002 as Reception No, 469403; Resolution
No. 02.2005 recorded March 25, 2005 as Reception No. 508280 and Resolution No.
0 1 -2005 recorded June 20, 2005 as Reception No. 511441.
Exhibit "A"
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Order Number: 952579 -C2
'�"l�l D �,✓ SU�C�i V,i�i ��
SCHEDULE A
LEGAL DESCRIPTION
Lots 33, and 33A, REDSTONE SUBDIVISION,
according to the Plat recorded April 20, 1944 in Plat Book 02 at Page 24 as Reception No. 88668
And Revised Plat and Addition To A Portion Of Redstone Subdivision recorded February 20
1977 in Plat Book 05 at Page 65 as Reception No. 192142.
COUNTY OF PITKIN, STATE OF COLORADO
Order Number. 95257902
Attached Legal Desmptl-
Page 1 or I
000022
ADJUSTABLE RATE RIDER
THIS ADJUSTABLE RATE RIDER is made this 4'" day of November, 2011, and is incorporated into and
shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Deed to Secure Debt (the "Security
Instrument") of the some date given by the undersigned (the "Borrower") to secure Borrower's Adjustable Rate Note
to FIRST STATE BANK OF UVALDE (the "Lender) of the same dale (the "Note') and covering the property
described in the Seventy instrument and located at 420 Redstone Blvd., Redstone, Pltkin County, Colorado 81623.
THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE, IF THE
INTEREST RATE INCREASES, THE BORROWER'S MONTHLY PAYMENTS WILL BE HIGHER. IF THE
INTEREST RATE DECREASES, THE BORROWER'S MONTHLY PAYMENTS WILL BE LOWER.
ADDITIONAL COVENANTS: in addition to the covenants and agreements made in the Security
Instrument, Borrower and Lender further covenant and agree as follows.
A. INTEREST RATE AND MONTHLY PAYMENT CHANGES.
The Note provides for an initial interest rate of 3.00 %. Section 4 of the Note provides for changes in the interest rate
and the monthly payments, as follows:
4. INTEREST RATE AND MONTHLY PAYMENT CHANGES.
(A) Change Dates
The interest rate I will pay may change on the lu day of December, 2014, and every thirty-sixth month
thereafter. Each date on which my Interest rate could change is tailed a'Change Date'
(B) The Index
Beginning with the first Change Date, my interest will be based on "Index' The Index is the weekly average
yield on United States Treasury securities adjusted to a constant maturity of three years, as made available by the
Federal Reserve Board, The most recent Index figure available as of 45 days before each Change Date is called the
"Current Index!
If the Index is no longer available, the Noteholder will choose a new index which is based upon comparable
information. The Noteholder will give me notice of Its choice
(C) Calculation of Changes
Before each Change Dale, the Noteholder will calculate my new interest rate by adding two and one-half
percentage points (2.5 %) to the Current Index. The Lender will then round the result of this addition to the nearest
1/8 of 1% (0.125 %). This rounded amount will be my new interest rate until the next Change Date.
The Noteholder will then determine the amount of the monthly payment that would be sufficient to repay in
full the principal I am expected to owe on the Change Dale in substantially equal payments by the maturity date at my
new interest rate. The result of this calculation will be the new amount of my monthly payment.
(0) Effective Date of Changes
My new Interest rate will become effective on each Change Date. I will pay the amount of my new monthly
payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment
changes again.
(D) Notice of Changes
The Noteholder will mail or deliver to me a notice before each Change Date. The notice will advise me of.
(i) the new interest rate on my loan as of the Change Date;
(h) the amount of my monthly payment following the Change Dale;
(ill) any additional matters which the Noteholder is rsquhed to disclose; and
(iv) the title and telephone number of a person who will answer any questions I may have
regarding the notice.
B. CHARGES; LIENS
Uniform Covenant 4 of the Security Instrument Is amended to read as follows:
4. Charges; Liens. Borrower shah pay all taxes, assessments, and other charges, fines and impositions attributable
to the Property which may attain a priority over this Security Instrument, and leasehold payments or ground rents, If
Page i of Waiver
5296.550.00 4,11LL4AM O. BERRY, to First State Bank of Uvalde
C U' U 00 23
8
any, in the manner provided under paragraph 2 hereof or, if not paid In such manner, by Borrower making payment,
when due, directly to the payee thereof. Borrower shall promptly furnish to Lender all notices of amounts due under
[his paragraph, and in the event Borrower shall make payment directly, Borrower shall promptly furnish to Lender
receipts evidencing such payments. Borrower shall promptly discharge any lien which has priority over this Security
Instrument; however, Borrower shall not be required to discharge any such lien so long as Borrower: (a) shall agree
In writing 10 the payment of the obligation secured by such lien in a manner acceptable to Lender; (b) shall in good
faith contest such Ken by, or defend against enforcement of such lien in, legal proceedings which in the opinion of
Lender operate to prevent the enforcement of the lien, or forfeiture of the Property or any part thereof; or (c) shall
secure from the holder of such lien an agreement In a form satisfactory to Lender subordinating such lien to this
Security Instrument.
C. NOTICE
Uniform Covenant 14 of the Security Instrument is amended to read as follows:
14. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to
Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail to
Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender as
provided herein, and (b) any notice to Lender shall be given by first Gass mail to Lender's address stated herein or to
such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in
this Security Instrument shall be deemed to have been given to Borrower or Lender when given In the manner
designated herein,
D. UNIFORM SECURITY INSTRUMENT; GOVERNING LAW; SEVERABILITY
Uniform Covenant 15 of the Security Instrument to amended to read as follows:
15. Uniform Security Instrument; Governing Law; Severabddy. This form of Security Instrument combines uniform
covenants for national use and non - uniform covenants with limited variations by jurisdiction to constitute a uniform
security instrument covering real property. This Security Instrument shall be governed by Federal Law and the law of
the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument
or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or
the Note which can be given effect without the conflicting provision, and to this end the provisions of this Security
Instrument and the Note are declared to be severable.
E. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER
Uniform Covenant 17 of the Security Instrument Is amended to read as follows:
17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or an interest
therein is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural
person) without Lender's prior written consent. Lender may, at Lender's option, declare all the sums seared by this
Security Instrument to be immediately due and payable. However, this option shall not be exercised by Lender if
exercise is not authorized by Federal Law.
If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with
paragraph 14 hereof. Such notice shall provide a period of not less than 30 days from the date the notice is mailed
within which Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of
such period, Lender may, without further notice or demand on Borrower, Invoke any remedies permitted by paragraph
16 hereof
Notwithstanding a sale or transfer, Borrower will continue to be obligated under the Note and this Security Instrument
unless Lender has released Borrower in writing.
F. LOAN CHARGES
If the loan secured by the Security Instrument is subject to a law which sets maximum ban charges, and that taw is
finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan
exceed permitted limits, then: (1) any such loan charge shall be reduced by the amount necessary to reduce the
charge to the permitted limit; and (2) any sums already collected from Borrower which exceed permitted limits will be
refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by
making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial
prepayment under the Note.
IN WITNESS WHEREOF, Borrower has executed this Adjustable Rate Rider.
WILLIAM �Oa�
Page 1 of waiver
$296.550 00 - WILLIAM 0. BERRY, io First State Bank of Uvalde
000024
WAIVER
WHEREAS, WILLIAM 0, BERRY, has effected a loan in the amount of
$296,550.00 from FIRST STATE BANK OF UVALDE and has signed a Deed of Trust to
Dickie G. Geries, Trustee, wherein paragraph 23 provides for a fund payable to the
Lender for payment of insurance and taxes; and
WHEREAS, said paragraph 23 requires a written waiver by Lender of such fund
for payment of insurance and taxes;
NOW, THEREFORE, for mutual consideration, Lender hereby waives the
necessity for such fund contained in paragraph 23 of said Deed of Trust.
This waiver expressly does not affect any other provisions contained in said
Deed of Trust, including Borrower's responsibility to pay for taxes and maintain
insurance on the Property.
UU0025
DATED: November 4, 2011
FIRS
0
Page 1 ofWarvar
$296.550.00 — WILLIAM O. BERRY, to First Stale Bank of V�alde
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The owner of the property William Berry gives his consent to his representative
Sherry Rubin to represent the owner in processing the application for the CDU.
X970 -q�3 -3300
x;60331
William Berry CDU Application
Neighboring Property Owners — South
Nicky Tilotta
1112 Laguna Vista
Grapevine, TX 76051
John W. Chrome III
366 Redstone Blvd.
Redstone, CO 81623
Christopher Mason
364 Redstone Blvd.
Redstone, CO 81623
Neighboring Property Owners — North
Frank E. and Beverley Hill
0036 Bighorn Lane
Redstone, CO 81623
Jason and Courtney Jaynes
440 Redstone Blvd.
Redstone, CO 81623
Wofford Family Trust
Mr. Don Wofford
450 Redstone Blvd.
Redstone, CO 81623
William F. and Rachael W. Eubank
455 W. 23rd. Avenue
Gulf Shores, AL 36542
Robert J. and Maryann Wofford
476 Redstone Blvd.
Redstone, CO 81623
Neighboring Properties — Across Street
Richard Franke
8605 Padre Blvd.
South Padre Island, TX 78597
Mary Stanaszek
215 Redstone Blvd.
Redstone, CO 81623
vju332
eas,o nc� oSu �d i V I S I �rru
410 Redstone Blvd. and 386 Redstone Blvd.
366 Redstone Blvd. and 364 Redstone Blvd. Parcel C
364 Redstone Blvd. Parcel A & B
424 Redstone Blvd.
440 Redstone Blvd.
450 Redstone Blvd.
460 Redstone Blvd.
476 Redstone Blvd.
363 Redstone Blvd.
373 Redstone Blvd. and 433 Redstone Blvd.
William Berry CDU Application
Neighboring Properties — Page 2
Jeffrey M. and Janette R. Bier
385 Redstone Blvd.
Redstone, CO 81623
'William and Kim Amicon
Crystal Club
467 Redstone Blvd.
Redstone, CO 81623
DU6033
�, of 83 �+
�eds�c-
385 Redstone Blvd.
467 Redstone Blvd.
3�I
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33 �
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PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES
PITKIN COUNTY (hereinafter COUNTY) and (J, Wt a-
(hereinafter APPLICANT) AGREE AS FOLLOWS:
i.
AP If�T has submitted to COUNT an application for Core
ik i �A < (A vu t- = v�%c rh t ( �� ""P re?l after, THE PROJECT).
2. APPLICANT understands and agrees that Pitkin County Ordinance No. 30 -2009 establishes a
fee Structure for land use applications and the payment of all processing fees is a condition precedent to a
determination of application completeness. The fee structure is based on the County's policy that
development shall pay, in full, the cost of development review in Pitkin County. Fees have been set to be
consistent and fair to the public and to reflect the expense incurred in providing such services to the public.
3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed
project, it may not be possible at the time of application to ascertain the full extent of the costs involved in
processing the application.
4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications
shall accumulate H an application includes more than one type of land use review.
5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete
processing or present sufficient information to the Planning Commission and/or Board of County
Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally
required findings for project approval, unless current billings are paid in full prior to decision.
6. Therefore, APPLICANT agrees that in consideration of the COUNTY's waiver of its right to
collect full fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the
amount of $ which is based on _ hours of staff time, and if actual time spent by staff to process the
application exceeds the average number of hours by more than 20 %, then the COUNTY will bill the
APPLICANT quarterly for the additional time spent. Such periodic payments shall be made within 30 days of
the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for
suspension of processing.
PITKIN COUNTY
Cindy Houben
Community Development Director
Effective 1/26/10
G:county\admin \forms \agreement to pay
000034
APPLICANT
(.kj lUk cR v-,
Pri t Na
Signature
Date: k / Z 3 /-1-4
Mailing Address: W (llia R_s L
O T3ov YY8
v.ti \b� Tx `7d XO
(9 30) Z ?8- �ZZ3
PITKIN COUNTY PRE - APPLICATION CONFERENCE SUMMARYDATE. 7/18/12
PLANNER: Suzanne Wolff
PHONE: (970) 920 -5093 E -MAIL: Suzanne wolff @co pitkin.co.us
LOCATION: 420 Redstone Blvd.
APPLICANT: William Berry
REPRESENTATIVE: ShempRuhin
Type of Application: Special Review for Caretaker Dwelling Unit
PID# 272917401048
ZONE: VC
__.,n. _.u._ ._ail
Description of ProjectlDevelopment: The Applicant proposes to convert the space above the existing garage
into a caretaker dwelling unit.
Land Use Code Sections to be addressed in letter of request (application :
• 2- 30- 30(h): Special Review criteria for caretaker dwelling unit
• 4- 30- 50(e)(1)(2): Caretaker Dwelling Unit
• 6- 30- 40(x): GMQS Exemption for CDU
Review by: Community Development Director
Public Hearing: NO. However, notice is required via posting, mailing and publication. The Applicant shall
post a public notice sign on the property at least 15 days prior to the date specified for the Administrative
Decision pursuant to Sec. 2- 20- 100(a)(3) of the Land Use Code. In addition, the Applicant shall-mail notice (by
certified mail) to all owners within 300' of the property and mineral estate owners with the return address of the
Community Development Department (form of notice to be obtained from the Community Development
Department). The names and addresses shall be those on the current tax records of Pekin County
the public they
appear no more than 60 days prior to the date of the public hearing. A property
notice shall have 2 weeks from the date the notice was postmarked to submit comments or objections to the
Community Development Department.
Staff will refer the application to the following agencies: Crystal River Caucus, Housing
FEES: $1,194 (make check payable to "Pitkin County Treasurer")
• $936 Planning Office flat fee (non - refundable; based on 3 hours of staff time. if staff review time exceeds
3.6 hours, the Applicant will be charged for additional time above 3 hours at a rate of $3121hour)
• $179 Housing
• $54 Public Notice Fee
• $25 Clerk Technology Fee
OU0035
Lc -i a3
To apply, submit 1 copy of the following information, unless noted otherwise:
1. Summary letter explaining the request, providing background on prior approvals and permits, and
addressing compliance with the Code sections listed above;
2. Site plan & floor plans showing location of proposed CDU (if available);
3. Disclosure and proof of ownership of the property, consisting of a current certificate from a title insurance
company or attorney licensed to practice law in the State of Colorado, listing the names of all owners of the
property and all mortgagees, judgments, liens, easements, contracts and agreements affecting use and
development of the parcel and proof of the owner's right to use the land for the purposes identified in the
development application.
4. Street address (if any) and parcel description, including legal description, and 8 -112"x 11" vicinity map locating
the subject property within Pitkin County;
5. Consent from the owner of the property for the representative to process the application and represent the
owner;
6. List of all property owners within 300' and mineral estate owners (1 copy).
7. Total fee for review of the application;
8. Signed fee agreement (1 copy);
9. Copy of this preapp fora (1 copy)
NOTES:
➢ PLEASE SUBMIT ONE UNBOUND AND ONE -SIDED COPY OF YOUR COMPLETE APPLICATION.
PLEASE SUBMIT TWO -SIDED COPIES OFALL REMAINING COPIES OF YOUR APPLICATION (IF
POSSIBLE). THE PARCEL IDs SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED IN YOUR
APPLICATION.
➢ ALL MAPS SHALL BE FOLDED.
➢ This pre - application conference summary is advisory in nature and not binding on the County. The
information provided in this summary is based on current zoning standards and staffs interpretations
based upon representations of the applicant. Additional information may be required upon a complete
review of the application.
➢ The Land Use Code is available on -line at Imp✓/ www aspenpitlon•comMepartmnWCounty -Code/
The Land Use Application manual is available on-line at use anolication_m
ualpdf
➢ Applicant will be responsible for mailed and posted notice. Public Notice requirements described
in Section 2-20-100 of the Pitldn County Land Use Code. A signed, notarized copy of theaffidavit
confirming notice must be received from Applicant prior to approval.
000036
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN to the general public that on May 8, 2014, the Pitkin
County Community Development Director granted approval for the Approving the Berry
Special Review for a Caretaker Dwelling Unit (Case P01 1-14; Deter. #031 - 2014). The
property is located at 420 Redstone Boulevard and is legally described as Lots 33 and
33A, Redstone Subdivision. The State Parcel Identification Number for the property is
2729 - 174 -01 -048. . This site - specific development plan grants a vested property right
pursuant to Title 24, Article 68, Colorado Revised Statutes.
S /Cindy Houben
Community Development Director
Pitkin County, Colorado
Published in the Aspen Times Weekly, on MAY 22, 2014.
ROGER BERRY 8305910115 P.1
9 MAY.13.2014 11 :32AM COMMUNITY DEVELOPMENT NO.1261 P. I
AFFIDAVIT OF NOTICE &
County of Pitkin }
} ss. MAILING PURSUANT TO
State of Colorado } PITKIN COUNTY LAND USE
CODE SECTION 2- 20-100
being or representing an
Applicant to the Pitkin County Development Department perso ly certify that I have complied with
the public notice requirements pursuant to Section 2 -20 -100 of the Pitkin County Land Use Regulations
in the following manner.
1. By mailing of notice, a copy of which is attached hereto, by first- c�isss,,n postage prepaid U S. Mail
p open at
least 30 days prior to the public hearing to all owners of property
as indicated on the attached list, on the Z day of �s , 201y (which is �d days prior to
shall be
public hearing date of )• The names and addresses ofted no, more Phan 60 days prior to the
those on the current tax records of Pitkin County as they appear
public hearing.
2. By posting a sign in it conspicuous place on the subject property (as it could be seen from the nearest
public way) on the =day of \ 201!, which is at least fifteen (15) days prior to the
�t� ^.
public hearing. A photograph of the posted sign is attached hereto.
U
Applicant's name
(Attach photograph here)
83 d-
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DRIV
ER LICENSE
W UL 22532066 a.,, CM
w "' 05/10/2013 - 01/25/2020
ODOR 01/2511990
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aER"
WELL W M ORELL
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"LOE 1 J( 79001
"R °•�.,ron. NONE "End NONE
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voo6atuaoiavtaoasai9i'�`•BRO
Signature
Signed before me this-Z3--day of `r'
201iL'by
WETNESS MY BAND AND OFFICIAL SE A
My/c ar>mission expires: w
/J
s Signature
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5,
PUBLIC NOTICE
RE: Berry Special Review for a Caretaker Dwelling Unit (Case P011 -14)
NOTICE IS HEREBY GIVEN that an application has been submitted by William Berry
(PO Box 448, Uvalde, TX 8802) requesting to convert the space above the existing
garage into a caretaker dwelling unit. The property is located at 420 Redstone Boulevard
and is legally described as Lots 33 and 33A, Redstone Subdivision. The State Parcel
Identification Number for the property is 2729 - 174 -01 -048. The application is available
for public inspection in the Pitkin County Community Development Department, City
Hall, 130 S. Galena St., Aspen, CO 81611. For further information, contact Suzanne
Wolff at (970) 920 -5093.
Published in the Aspen Times Weekly on April 4, 2014.
Attention All Property Owners within 300' of the subject property
A property owner receiving this public notice who wishes to submit comments or an
objection shall submit those to the Pitkin County Community Development, 130 South
Galena Street, Aspen, Colorado 81611, by May 5, 2014. If any objections to the
development application are received the Community Development Department shall
continue the application to a public hearing before the Hearing Officer.
http:// www .aspenpitkin,comIPortals /0 /docsl county/ Com% 2ODev IPlanningILand_Use_Applicatio
ns /.pdf
April 15, 2014
Pitkin County Community Development Department
130 South Galena Street
Aspen, Colorado 81611
Re: Berry Special review for a Caretaker Dwelling Unit (case
P011 -14)
I am in receipt of the notice regarding Mr. Berry's request to
convert the space above his existing garage into a caretaker unit.
As the adjacent property owner, I would like to voice my full
support for his request. Mr. Berry has been a very responsible
neighbor and always keeps his property in excellent condition. It
is property owners like Mr. Berry that add value to our properties
and enhance the tax base for the community. He has my full
support and would like to request that you grant Mr. Berry his
application. Should you wish to contact me regarding the subject,
I may be reached at the address below.
410 Redstone Blvd.
Redstone, Colorado 81623
(817) 481 -6616
I O-r I
Suzanne Wolff
From:
Brian Olesen
Sent:
Sunday, April 13, 2014 12:52 PM
To:
Suzanne.wolff @pitkincounty.com; Bonnie.Waechtler @pitkincounty.com
Cc:
john chromy
Subject:
Berry Special Review for CDU
Suzanne Wolff, Community Development Department
Re: Berry Special Review for a Caretaker Dwelling Unit
(PID 2729- 174 -01 -048; Case P011 -14)
Suzanne,
John Chromy has asked me to update the Community Development Department regarding the CDU review for the
Berry's request for a caretaker dwelling unit.
This property is located within the Redstone Water and Sanitation District and is supplied with both water and sewer.
This proposed change in "use" in order to add a caretaker dwelling will require additional tap fees totaling $8,000.00 at
this time.
This would be charged as following:
$4,000.00 for an additional .40 water EQR.
$4,000.00 for an additional .40 sewer EQR.
Totaling $8,000 dollars.
If you have questions please contact me.
Also would you please confirm that you received this email.
Thanks,
Brian
Brian Olesen
Redstone Water and Sanitation District
3573 G Road
Palisade, CO 81526
970- 464 -0745
mailto•brian(a)plumdaisv.com
I'-ff
PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920 -5526 FAX# (970) 920 -5439
March 19, 2014
William Berry
PO Box 448
Uvalde, TX 78802
Re: Berry Special Review for a Caretaker Dwelling Unit
(PID 112729- 174 -01 -048; Case # P011 -14)
Dear Mr. Berry:
The Planning Office has completed its preliminary review of the captioned application. We have deterniined
that this application is complete. After a more detailed review of the submittal information, additional
information specific to the application may be requested in order to adequately review and process the
application. The planner in charge of the review will request the information from you directly.
Please note that it is your responsibility to mail notice by U.S. Mail to all property owners within 300'
of the subject property with the return address of the Community Development Department (copy of
notice will be mailed to you by the Community Development Department) by April 3, 2014. The
names and addresses shall be those on the current tax records of Pitkin County as they appeared no
more than 60 days prior to the mailing. Please submit the enclosed Affidavit of Notice by Mailing
and a photograph of the posted sign as proof of compliance with the Code. A property owner
receiving the public notice who wishes to submit comments or objections to the Community
Development by 51h day of May, 2014. If any objections to the development application are received by
this date, the Community Development Department shall continue the application to a public hearing
before the Board of County Commissioners.
2 . By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest
public way) on the 18`h day of April, 2014, which is at least fifteen (15) days prior to May 3, 2014.
This must be submitted prior to any approvals being granted.
If you have questions, please call Suzanne Wolff, the planner assigned to your case, at 920 -5093.
Sincerely,
Bonnie Waechtler
Administrative Assistant
Encl: Affidavit Code Section 2 -20 -100
PITKIN COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920 -5526 FAX# (970) 920 -5439
MEMORANDUM
To: Crystal River Caucus
Pitkin County Housing
FROM: Suzanne Wolff, Community Development Department
Suzaiine.wolff@pitkincounty.com
Re: Berry Special Review for a Caretaker Dwelling Unit
(PID 2729 - 174 -01 -048; Case P011 -14)
DATE: March 19, 2014
Attached for your review and comments are materials for an application submitted by
William Berry. The Pitkin County Community Development Director will review the
application.
Please return your comments to me by Monday, May 5, 2014.
http• / /www aspeni)itkin coin / Portals /O /docs /county /Com %20Dev /Planning/Land Use Av
plications /PO11 14 app.pdf
If you require a paper copy of this application contact Bonnie Waechtler at
bonnie.waechtlergco.l)itkin.co.us or 920 -5109.
Thank you.
MEMORANDUM
TO: Suzanne Wolff, Community Development Department
FROM: Cindy Christensen, Aspen/Pitkin County Housing Authority
DATE: March 21, 2014
RE: Berry Special Review for a Caretaker Dwelling Unit
Parcel ID No. 2729 - 174 -01 -048; PO11 -14
ISSUE: The applicant is seeking approval to construct a caretaker dwelling unit (CDU) within the
existing garage.
CARETAKER DWELLING UNIT: According to Section 4- 30- 50(e)(1), CDU as Permitted
Accessory Use, in the RS -160, RS -35, RS -30, RS -20, AR -10, AR -2, R -30, R015, R -15A and R -6
zone districts one CDU shall be a permitted accessory use provided that:
1. It is attached to a single - family home (the principal dwelling).
2. The caretaker dwelling unit shall not exceed 1000 net livable square feet on lots or parcels
that are 30,000 square feet or greater in lot area, and 700 net livable square feet on lots or
parcels that are less than 30,000 square feet in lot area.
3. The floor area of the caretaker unit shall be included in the total allowed floor area for the
lot or parcel of land.
4. Two off - street parking spaces shall be provided for each caretaker dwelling unit.
5. The applicant shall, by deed restriction or other permanent commitment running with the
land, guarantee that the caretaker unit:
a. shall not be required to be rented;
b. shall not be sold or otherwise conveyed or separated from the original parcel
regardless of the ultimate form of ownership of the caretaker unit;
c. shall be limited to occupancy by not more than two adults and related children, who
qualify as (and have been found by the Housing Authority to be) employees of the
community under such guidelines as may be from time to time established, or by
members of the owner's immediate family even though they may not qualify as
employees of the community;
d. shall be rented for terms not less than six months if rented.
6. The caretaker dwelling unit restriction may be removed by the property owner upon
approval of the Community Development Director, subject to the requirement that the
dwelling is removed or modified. If modified, the remaining improvements must no longer
be capable of occupancy as a dwelling unit and must meet otherwise applicable Code
requirements.
t ^�
7. The provisions of this regulation are for the purpose of providing a voluntary caretaker
dwelling unit on a legally created lot or parcel in the County. Any unit approved under this
provision shall not be used for mitigation of employee housing requirements as established
elsewhere in the Land Use Code.
Section 4- 30- 50(e)(2)(c) allows a caretaker dwelling unit, as a special review, to be detached from
the principal single - family dwelling on the lot or parcel.
RECOMMENDATION: APCHA recommends approval of the caretaker dwelling unit t under the
following conditions:
1. Conditions 1 through 5 stated above in the CDU section are met.
2. The kitchen contains at a minimum a two -burner stove with oven, standard sink, and a
refrigerator plus freezer. The oven must be able to bake and broil and be at least 5 cubic
feet; the sink must measure at least 14 "WX16 "DX5.25 "H; refrigerator must be at least 5.3
cubic feet and include at least a .73 cubic foot freezer.
3. A caretaker dwelling unit deed restriction shall be recorded prior to building permit; the
CDU deed restriction shall be provided by APCHA.
2
PITKIN C JNTY COMMUNITY DEVELC 1VIENT
Permit Receipt
RECEIPT NUMBER 00035374
Name: William Orell Berry Date:1/30/2014
Project Address: 420 REDSTONE BLVD
Type: check
# 1062
Permit Number
Fee Description
Amount
0011.2014.PLAN
PP- Flat Fee
936.00
0011.2014.PLAN
PP- Clerk Tech Fee
25.00
0011.2014.PLAN
PP- Public Notice Fee
54.00
0011.2014.PLAN
PP- Housing Referral Fee
179.00
Total:
1,194.00