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Home My WebLink Aboutcoa.lu.pu.Aspen Highlands Village Lot 10 245 Thunderbowl.0033.2007City of Aspen Community Development Department CASE NUMBER 0033.2007.ASLU PARCEL ID NUMBER 2735-143-10/-0010 ( p PROJECT ADDRESS 245 ThunderbAl Ln. J PLANNER Jason Lasser I )�btt) CASE DESCRIPTION f4wi PUD REPRESENTATIVE David Johnston Architects DATE OF FINAL ACTION 8/14/07 CLOSED BY Amy DeVault r"\ _e Em 9e6'd yEIA Fr W5 Fmt INN t" g mwe wft Fplb Fe. Adam Pack'R.OVSU Fm Suf Ro MH t jAtwh W, - P. Peidllee eL ' 4,Led , PaniY '.71.Onl.AAJ 4.i Ad6ee T-SMN1EieGVA,a'F Ap19de� CiY 1ffN Pemildomation _ 'ate# Nade PemlRD,"Quu;mk Ap*d h: ); p,-'' J q e— slave Pmi�— 4—d F— Deep°" FaALFuo imed r Fed�J S,h;Lad OANO JOHNSTONANCH. RX3111 Ud Fend Ogee E-m FFM BECDOKR L.Nape STY,r C Ed Nam AI PEN CA8611 PlaneF — Name STY E -C /1 O OPER PEN Do 81611 .. Fdane� fudp tel .'m J Lmbr IntNare�� FMNam�� Flan r i 2,�35 4 31Dc)1 D EMele Pgel n>ne _ A,penOd761 � fle�ad 7d7 File Edt Record Navlgate Rc,;rm Format Tab tlelp Hide PX 9: 99 4 0 W Jump I Group 2 _- Aspen Land Use Awn. comdevlu w IAND USE REVIEW An4vd by ( J Sched start F—�j Sched end F— j Contact l Phone Received—J Completed Code Start date 77/0912007 08.28:IS AM J Complete date F0811412007 08:28.04 AM J Hotas 4 rpleted by fpsonl — JASDN LASSER IVR Message DEVELOPMENT ORDER City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site -specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three (3) -year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless the change is accomplished or a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site -specific development plan as described below. Property Owner's Name, Mailinil Address and telephone number: Ultima 111, LLC; c/o David Johnston Architects; 418 E. Cooper Ave; Aspen, CO 81611 970.925.3444. Leval Description and Street Address of Subject Property: 245 Thunderbowl Lane, Aspen, CO, 81611. Legally described as Lot 10, Block A, Aspen Village Subdivision. /�i tG, Insubstantial Amendment to the Thunderbowl/Lot 10 Aspen I`46DntRin- Subdivision Planned Unit Development (PUD) to amend the shape of the building envelope with no net increase in the area of the envelope. PAacs I, t 4 - J 4 h 1 - W Land Use Approval Received and Dates: Administrative approval granted July 24, 2007. Effective Date of Development Order: August 19, 2007. (Same as date of publication of notice of approval.) Expiration Date of Development Order: August 19, 2010. (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 24`d day of July 2007, by the City of Aspen Community Development Director. Chris Bendon, AICP Community Development Director City of Aspen PUBLIC NOTICE OI DEVELOPMENT APPROVAL City of Aspen Po lishetl in the Aspen Times Weekly on August 19, 2007,(550 ) DEVELOPMENT ORDER City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site -specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three (3) -year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless the change is accomplished or a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site -specific development plan as described below. Property Owner's Name, Mailing Address and telephone number: Ultima III, LLC; c/o David Johnston Architects; 418 E. Cooper Ave; Aspen, CO 81611 970.925.3444. Legal Description and Street Address of Subject Propertv: 245 Thunderbowl Lane, Aspen, CO, 81611. Legally described as Lot 10, Block A, Aspen Village Subdivision. /� J Written Description of the Site Specific Plan and/or Attachment Describing Plan: Insubstantial Amendment to the Thunderbowl/Lot 10 Aspen._N4[4uc4airr"Subdivision Planned Unit Development (PUD) to amend the shape of the building envelope with no net increase in the area of the envelope. ipp`�-i_ 1p I q 35- I`131- 00 1 a Land Use Approval Received and Dates: Administrative approval granted July 24, 2007. Effective Date of Development Order: August 19, 2007. (Same as date of publication of notice of approval.) Expiration Date of Development Order: August 19, 2010. (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 24rd day of July 2007, by the City of Aspen Community Development Director. Chris Bendon, AICP Community Development Director City of Aspen NOTICE OF APPROVAL For An Insubstantial Amendment to Lot 10 Thunderbowl, Aspen Highlands Village Planned Unit Development, Ordinance No. 8, Series of 2000 Parcel ID No. 2735-1431-0010 APPLICANT: Ultima III LLC REPRESENTATIVE: David Johnston Architects SUBJECT OF AMENDMENT: Lot 10, Thunderbowl, Aspen Highlands Village Subdivision PUD, Ordinance No. 8, Series of 2000 SUMMARY: On behalf of Ultima III LLC, Brian Beasley of David Johnston Architects has applied for an Insubstantial Amendment to the Thunderbowl/ Lot 10 Aspen Mountain Subdivision PUD, Ordinance No. 8, Series of 2000. The Applicant is requesting amending the shape of the building envelope with no net increase in the area of the envelope. The proposal would allow for a hot tub and retaining wall to be created in the revised envelope. The lot is part of a Planned Unit Development (PUD) and PUD Amendment approval is required to modify the PUD and allow alteration of the building envelope. Approval to apply for the amendment shall be provided by the Homeowners Association. STAFF EVALUATION: In order to amend a specific provision of the ordinance that approved the PUD originally, a PUD Amendment must be approved. Staff supports the proposed amendment because it is minor in nature and there is no net increase in area due to the reconfiguration of the existing layout. Staff finds that the proposed amendment meets the criteria for an insubstantial amendment pursuant to section 26.445.100 of the City of Aspen Land Use Code. DECISION: The Community Development Director finds the Insubstantial Planned Unit Development Amendment to be consistent with the review criteria (Exhibit A) and thereby, APPROVES the amendment as specified below. The approved amendment to the Thunderbowl/Lot 10, Aspen Highlands Village Subdivision PUD, allows for a change to Ordinance No. 8, Series of 2000. EXHIBIT A Insubstantial PUD Amendment Checklist 26. 445.100 Review Criteria All insubstantial PUD Amendments shall meet the following criteria, pursuant to Section 26.445.100, Amendment to PUD Development Order: �The proposed amendment does not change the use or character of the development. Li( The proposed amendment does not increase by greater than three (3) percent the overall coverage of structures on the land. l� The proposed amendment does not substantially increases trip generation rates of the proposed development, or the demand for public facilities. 5 The proposed amendment does not decrease the approved open space by greater than three (3) percent. L`1 The proposed amendment does not reduce the off street parking and loading space by greater than one (1) percent. The proposed amendment does not reduce required pavement widths or rights -of - way for streets and easements. CY The proposed amendment does not increase the approved gross leasable floor area of commercial building by greater than two (2) percent. The proposed amendment does not increase the approved residential density of the / development by greater than one (1) percent. �1' The proposed amendment will not enact a change which is inconsistent with a condition or representation of the project' s original approval or which requires granting a variation from the project' s approved use or dimensional requirements. PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site -specific development plan, and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 245 Thunderbowl Lane Aspen, Parcel ID 2735- 1431-0010, Legally described as Lot 10, Block A, Aspen Highlands Village Subdivision Planned Unit Development (PUD). The approval is to grant an insubstantial amendment to the Aspen Village Subdivision PUD, Ordinance No. 8, Series of 2000. The changes were approved pursuant to an administrative variance granted July 24, 2007, and the changes are depicted in the land use application on file with the City of Aspen. For further information contact Jason Lasser at the City of Aspen Community Development Dept., 130 S. Galena St., Aspen, Colorado. (970) 429-2763. City of Aspen Published in The Aspen Times on August 19, 2007. ATTACHMENT 2 —LAND USE APPLICATION APPLICANT: Name: _ 0 ilrjv. M, �-1 �— Location: O - n fc> where anorontiate REPRESENTATIVE: I 1 Name: �A�f7 SW.LS1yr� aeFt� (t�T Address: Phone#:�/Z� PROJECT: Name: LOT- to TLI UnCD�,1Z�t .11 � Address: 2�f 5 Ti-�t1t�D..ro1 �� L l+cti(t✓ Phone #: TYPE of APPLICATION: (please check all that apply): ❑ Conditional Use ❑ Conceptual PUD ❑ Conceptual Historic Devt. ❑ Special Review Final PUD (& PUD Amendment) ❑ Final Historic Development ❑ Design Review Appeal ❑ Conceptual SPA ❑ Minor Historic Devt. ❑ GMQS Allotment ❑ Final SPA (& SPA Amendment) ❑ Historic Demolition ❑ GMQS Exemption ❑ Subdivision ❑ Historic Designation ❑ ESA — 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane ❑ Lot Split ❑ Temporary Use ❑ Other. ❑ Lot Line Adusbnent ❑ Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) i L'D e N�'= ;W Sli e �FT - ►Jo tJ ZT t I PROPOSAL: (description of proposed buildings, uses modifications etc. �liL D� ni(T VV`C C-- !,,g4u^ - t40 t.IET C-7�f/,I HI!W you attached the following? FEES DUE: $1(E5 • t ,U Ln.yre-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 All plans that are larger than 8.5" x 11" must be folded and a floppy disk with an electronic copy of all written text (Microsoft Word Format) must be submitted as part of the application. CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Apreement for Payment of City of Aspen Development Annlication Fees CITY OF ASPEN (hereinafter CITY) and 1 �L l 1111l. (hereinafter APPLICANT) AGREE AS FOLLOWS: APPLICANT has submitted to CITY an application for I_ rJT' 10 Tll il> feo>~[t .. A�"� (hereinafter, THE 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) 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. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior, to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $_, 011 cO which is for _3 hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $235.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT iitrther agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT By: By: Chris Bendon l S rc Community Development Director Date: /a • L-7 C 1 7 Bill To Mailing Address and Telephone Number: ,�� ca 16(&1( DAVID JOHNSTON ARCHITECTSrc t LILJ S1:u A':'I IJ I -EL'I , I -f l'..I LAI'I/n 1) _.i, June 25, 2007 City of Aspen, Community Development 130 South Galena Street Aspen, CO 81611-1975 Re: Lot 10 Thunderbowl, PUD Insubstantial Amendment, Aspen Highlands Village Parcel ID — 2735-1431-0010 To whom it may concern, As a representative and on behalf of the Owner of Lot 10, Ultima III, LLC, we would like to submit for your consideration and your approval for an insubstantial P.U.D. amendment. This is a variance for a building envelope redistribution on the subject lot. The Aspen Highlands Village Design review board has reviewed the following request and has approved it along with the sign off from the adjacent neighbors. The affected area is located primarily to the southwest of the building envelope. We are taking 327.36 sq. ft. from the undisturbed Western most area of the building envelope, and adding 327.36 sq. ft. to the area southwest of the existing building envelope. There is a 0 sq. ft. net gain for the building envelope `swap'. Please see the enclosed plat. There currently exists an activity envelope in this area which allows for site walls and landscaping. Two boulder site walls have been constructed per the original design creating a landscaped terrace. It is within this terrace we are proposing to place a sub -grade hot tub with stone landscape pathways. In our opinion this area is the best location for the hot tub due to its discrete nature and minimal disturbance. The alternative is the western yard of the property with in the building envelope. This area is currently undisturbed and too exposed for this function for both the owner and the neighborhood Thank you for your attention to this matter. Respectfully, Brian Beazley David Johnston Architects, PC www.dlan'hiiccis.aum Land Tide Guarantee Company W!-ndeCUSTOMER DISTRIBUTION WARANILL LUMYANY Date: 06-19-2007 Our Order Number: Q62000548 Property Address: 245 THUNDERBOWL LANE ASPEN, CO 81611 lrvna have aov inoubles or reauire furNrer assistance, please contact one of the numbers below: For Title Assistance: Aspen Title Dept. Kart Beereboom 533 E HOPKINS k102 ASPEN, CO 81611 Phone: 970-925-1679 Fax: 970-925-6243 EMail: kheereboom@ltgc.com DAVIDJOHNSON ARCHITECTS 418 EAST COOPER AVENUE ASPEN, CO 81611 Attn: BRIAN BEAZLEY Phase: 970-925-3444 Copies: 1 Entail: hdan@dJarctdteas-corn Sent Via EMail Land Title Guarantee Company pq' Date: 06-19-2007 Land I kk Our Order Number: Q62000548 UUAR Itt WMVAMY Property Address: 245 THUNDERBOWL LANE ASPEN, CO 81611 Buyer/Borrower: TBD Seller/Owner: ULTIMA III, LLC, A DELAWARE LIMITED PARTNERSHIP .......von THANK YOU FOR YOUR ORDERI LAND TITLE GUARANTEE COMPANY INVOICE rndlltle 4OAMNlE[ COMPANY Owner: ULTIMA III, LLC, A DELAWARE LIMITED PARTNERSHIP Property Address: 245 THUNDERBOWL LANE ASPEN, CO 81611 Your Reference No.: When referring to this order, please reference our Order No. Q62000548 -CHARGES- TBD Commitment $194.00 Total-- $194.00 Please make checks payable to: Land Title Guarantee Company P.O. Box 5440 Denver, CO 80217 Old Republic National Title Insurance Company ALTA COMMITMENT Our Order No. Q62000549 Schedule A Cost. Ref.: Property Address: 245 THUN13ERBOWL LANE ASPEN, CO 81611 1. Effective Date: June 07, 2007 at 5:00 P.M. 2. PoBry to be Imed, and Proposed Insured: "TBD" Commitment Proposed Insured: TBD 3. The estate or interest in the land described or referred to in this Commitment and covered herein Is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: ULTIM[A III, LLC, A DELAWARE LIMITED PARTNERSHIP 5. The land referred to in this Commitment is described as follows: LOT 10, BLOCK A, THE ASPEN HIGHLANDS VILLAGE P.U.D., ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 15, 1998 IN PLAT BOOK 47 AT PAGE 1 AND FIRST AMENDED PLAT RECORDED MAY 24, 2005 IN PLAT BOOK 73 AT PAGE 71. COUNTY OF PITKIN, STATE OF COLORADO. vN ALTA COMMITMENT Schedule B-1 (Requirements) Our Order No. Q62000548 The following are the requirements to be compiled with: Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Proper instrument(s) creating the estate or Interest to be insured must be executed and duly filed for record, to -wit: THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. NOTE: ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE BUYERS NAMES ARE ADDED TO THIS COMMITMENT. COVERAGES AND/OR CHARGES REFLECTED HEREIN, IF ANY, ARE SUBJECT TO CHANGE UPON RECEIPT OF THE CONTRACT 170 BUY AND SELL REAL ESTATE AND ANY AMENDMENTS THERETO. ALTA COMMITMENT Schedule B-2 (Exceptions) Our Order No. Q62000548 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and Inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, If any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate: or interest or mortgage thereon covered by this Commitment. 6. Taxes and assessments not yet due or payable and special assessments not yet certified to the Treasurer's office. 7. Any unpaid taxes or assessments against said land. 8. Liens for unpaid water and sewer charges, if any. 9. RIGHT OF 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 JANUARY 18, 1892, IN BOOK 55 AT PAGE 20 AND RECORDED APRIL 7, 1903 IN BOOK 55 AT PAGE 507. 10. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED JUNE 25, 1957, IN BOOK 181 AT PAGE 506. 11. TERMS, CONDITIONS AND PROVISIONS OF THE LOT 9 POND EASEMENT RECORDED JULY 22, 1992 IN BOOK 684 AT PAGE 174 AND OF THE LOT 9 POND PIPELINE FACILITIES EASEMENT AGREEMENT RECORDED JANUARY 16, 1998 UNDER RECEPTION NO. 412639. 12. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION OR ORDINANCES BY THE PITKIN COUNTY, COLORADO, BOARD OF COUNTY COMMISSIONERS, PLANNING AND ZONING COMMISSION, AND GROWTH MANAGEMENT COMMISSION, RECORDED AS FOLLOWS: RESOLUTION #86-39 RECORDED JULY 18, 1986 IN BOOK 514 AT PAGE 719 RESOLUTION #95.10 RECORDED FEBRUARY 15, 1995 IN BOOK 774 AT PAGE 47 RESOLUTION #PZ-95-08 RECORDED NOVEMBER 17, 1995 IN BOOK 799 AT PAGE 976 RESOLUTION #96-141 RECORDED MARCH 19, 1997 UNDER RECEPTION NO. 402639 4,J ALTA COMMITMENT Schedule B-2 (Exceptions) Our Order No. Q62000548 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: RESOLUTION #97-7 RECORDED SEPTEMBER 29, 1997 UNDER RECEPTION NO. 408929 ORDINANCE #97-31 RECORDED NOVEMBER 25, 1997 UNDER RECEPTION NO. 411003 RESOLUTION #97-161 RECORDED SEPTEMBER 30, 1998 UNDER RECEPTION NO. 422629 RESOLUTION #39 (SERIES OF 1998) RECORDED OCTOBER 5, 1998 UNDER RECEPTION NO. 422779 RESOLUTION #98-79 RECORDED OCTOBER 15. 1998 UNDER RECEPTION NO. 423268 13. TERMS, CONDITIONS AND PROVISIONS OF ORDER OF INCLUSION IN ASPEN CONSOLIDATED SANITATION DISTRICT RECORDED DECEMBER 09, 1997 AT RECEPTION NO. 411462. 14. TERMS, CONDITIONS AND PROVISIONS OF SPECIAL COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED OCTOBER 27. 1997 AT RECEPTION NO. 409939. 15. TERMS, CONDITIONS AND PROVISIONS OF RAW WATER AGREEMENT, IRRIGATION, RECORDED OCTOBER 05, 1998 AT RECEPTION NO. 422780. 16. TERMS, CONDITIONS AND PROVISIONS OF WATER SERVICE AGREEMENT RECORDED OCTOBER 05, 1998 AT RECEPTION NO, 422782 AND FIRST ADDENDUM THERETO RECORDED OCTOBER 5, 1998 UNDER RECEPTION NO. 422783. 17. TERMS, CONDITIONS, AND PROVISIONS OF SUBDIVIDER'S AGREEMENT RECORDED OCTOBER 15, 1998, UNDER RECEPTION NO. 423271. 18. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BL7f OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED OCTOBER 15, 1998, UNDER RECEPTION NO. 423272. 19. TERMS, CONDITIONS AND PROVISIONS OF RESIDENTIAL AMENITIES DECLARATION RECORDED OCTOBER 15, 1998 AT RECEPTION NO. 423273. 20. TERMS, CONDITIONS AND PROVISIONS OF PLANNED UNIT DEVELOPMENT GUIDE RECORDED ALTA COMMITMENT Schedule B-2 (Exceptions) Our Order No. Q62000548 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: OCTOBER 15, 1998 AT RECEPTION NO. 423274. 21. TERMS, CONDITIONS AND PROVISIONS OF PRECONNECTION AGREEMENT RECORDED OCTOBER 15, 1999 AT RECEPTION NO. 423276. 22. TERMS, CONDITIONS AND PROVISIONS OF COLLECTION SYSTEM AGREEMENT RECORDED OCTOBER 15, 1998 AT RECEPTION NO. 423277. 23. TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS AND RESTRICTIONS AS CONTAINED IN THE DETAILED SUBMISSION PLAN RECORDED OCTOBER 15, 1998 UNDER RECEPTION NO. 423269 AND AS SET FORTH ON THE DETAILED SUBMISSION PLAN MAPS RECORDED OCTOBER 15, 1998 IN PLAT BOOK 46 AT PAGE 44. 24. EASEMENTS, RIGHTS OF WAY AND OTHER MATTERS AS SET FORTH ON THE PLAT OF ASPEN HIGHLANDS VILLAGE P.U.D., RECORDED OCTOBER 15, 1998 IN PLAT BOOK 47 AT PAGE 1 AND FIRST AMENDED PLAT OF LOT 10, BLOCK A, ASPEN HIGHLANDS VILLAGE PUD RECORDED MAY 24, 2005 IN PLAT BOOK 73 AT PAGE 71. 25. EASEMENTS AND RIGHTS OF WAY AS GRANTED THE CITY OF ASPEN AND THE HIGHLANDS WATER AND SANITATION DISTRICT IN INSTRUMENT RECORDED OCTOBER 15. 1998 UNDER RECEPTION NO. 423281, UNDER RECEPTION NO. 423282, AND UNDER RECEPTION NO. 423283. 26. RESERVATION OF ALL ANY AND ALL EXISTING WATER, WATER STRUCTURES AND MINERAL RIGHTS RECORDED APRIL 7, 2000 AT RECEPTION NO. 442090. 27. TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE #36 RECORDED NOVEMBER 28, 2000 AT RECEPTION NO. 449207. 28. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION #20 (SERIES 2003) DENYING THE ASPEN 1IGHLANDS VILLAGE PUD SIGN GUIDELINES RECORDED AUGUST 29, 2003 AT RECEPTION NO. 487669. 29. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION #33-2006 RECORDED DECEMBER 28, 2006 AT RECEPTION NO. 532710. LAND TITLE: GUARANTEE COMPANY and LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: A) The subject real property may be located in a special taxing district. B) A Certificate of Taxes Due Wag each taxing jurisdiction may be obtained from the County Treasurer's authorized agent. C) the BoardInforaiation of County Commng ission s, districts the County Clerk andboundaries Recorder,, districts County Amay be ssessor. from hat all ents received or recording or in the Effective office shallRS 30-10-406 requires contain a top margin otf at leash once inch and a left, ling right and bottom margln of at bast one half of an Inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space Is provided for recording or filing information at the top margin of the document. Note: 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". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A) The land described In Schedule A of this commitment must be a single family residence which Includes a condominium or townhouse unit. B) No labor or materials have been furnished by mechanics or material -men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C) The Company must receive an appropriate affidavit indemnifying the Company against an -tiled mechanic's and material-men's liens. D) The Company must receive payment of the appropriate premium. E) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium remmremlents executed hademnity Agreements satisfactory to the company, and, any t requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under ally circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuaat 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. A) That there: is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there Is a substantial likelihood that a third party holds some or all Interest in oil, gas, other minerals, or geothermal energy in the property; and B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. 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. tbM DISCL.osuRE 03/01/02 JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY - GRAND .UNCTION, LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company and Meridian Land Title, LLC, as age,ats for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review Internal and external safeguards against unauthorized access to non-public personal Information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: • appitcations or other forms we receive from you, including communications sent through TMX, our web -based transaction management system; • your transactions with, or from the services being performed by, us, our affiliates, or others; • a consumer reporting agency, if such information Is provided to us in connection with your transaction; and • the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates and non -affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: • We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. • We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. • Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. • We regularly access security standards and procedures to protect against unauthorized access to Personal Information. WE DO NCiT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. eocm euV.tnL.arr Commitment to Insure ALTA Carsnitneem-1970 Rev. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Message, earponerion, herein axed the Company, for a * * valuable aeddentoa hereby commits to issue its pokey a pokries of title insurance," identified in Sdedele A in few fthe piepmean d led named in Schedule A, as owner a martgag" of the orate a interest soured hereby in the land described or referred to in Schedule A. uPM payront Of the Premiums end charges therefor; d subject to the provisions at Schedule A and B and to the Conditions and Stipulations Illegal. This Commonness sIW be effective,ably Won the indentlty of the Proposed Issued ale the amount of the policy or pokaes consisted fa halls been oriented in Schedule A heed by the Company, either at the ties of the issuance of this it * * Cmwnda■nt a by whimpers ad01Wr m This CmmNment is preliminary to the himance of such Poky or policies of title insurance and d liability end obligations hereunder she, sax and temdnste six months after the effect" date hereof or wMnthe poky a prices eommitud for shah issue,,Midewr first occurs prodded that the failure to issue each Pricy Or Pnikks is net to fault of the Oca panit. CONDITIONS AND STIPULATIONS 1. The term "mortgage", when used heron shall include dead of trust, meat deed, or other sow" ihstnarent. 2. N the proposed barged has a acquires actual kmvdedge of any defect, lien, mu sbaree, admix claim a aft natter eRecdng the "tote as bnaeas amortgage thereon crowd by Use Congress" other than ideas dawn in Schedule B hereof, and shol fed to disclose such knowledge to the Company nwotirg, the Campo ry tell be relieved from hebNty fa my loss or damage resulting law my as of reliance hereon to the erw the Company it prajudicd by failure of the propmd Insured to so disdon such knowldge. N the proposed tared doll disclose its option � to"Comply, amend Schadelle B fi ales Compery auadk�hul actual k "AWP d my such deface, kert a cumhrarce, adverse claim a Whamatter, the Compaq such amendment shall lan ndleva the Company train liability preaiondy incurred Fissured to paragraph 3 of then Conditions and Stipulations 3. Uablity tithe company under is Comnitmmt dW be only to the named proposed kneed end such parties irddd wrier the definition of Insured in the form of pokey a policies committed for and only for actual loss incurred in reliance leases in mdertaking in good fad (a) to amplywhhthe "quirmnws Owed a N to damage suceptias damn Schedule B, or (4 to acquire a crate the estate or Merest a matgage thereon camel by Use Commitment. In no "ens shall each liability and the amount stated in Schedule Afor the policy at policies committed for and each liability is subject to the hearing providons.and the Candltkns ad Stipulations and the Exclusions from Cweage of the farm of policy is paid" committed, for in fever of the proposed Insured Wdeh we hereby incorporated by reference used rode a pat of this Caseniment except "expressly modified berm 4. Any action w actions of rights of action that the proposed Insured nay have or may long against the Canpmy arising out of the status of the title to the Outs a b0ereat a the status of the matgagg than avail by ids Comn9tment mart be band on and an anNect to the pr"idom d this Camduem. STANDARD EXCEPTIONS In mickla n to the matters contained in the Conditions and Stipulatims and Exclusorafrw Courage elaN Warned to, this Consonants is also NW to the following; 1. Rights or claims of parties npon"da not shows by the Public words' 2. Es ems, a damn of easements, not down by Ile pudic records- 1 Dempancles, conflicts in baadary liar, damage in we, gna"chinsnss, and OR facts Which a meet survey and inspection of the promiseswauld disclose end Whkh w not maven by the public records. 4. Any ken or right to a lim, for swkes, lab" a material theretofore a hereafter Rmishd, i posd M law and not shown by the pubic retards. 5. Defects, liens, ehcunblaces, advance calms or other rotwa, if any, eroted, firs appearing in the Public "cads "raring sbsequas to she eNecdu date barged but Prior to the date the proposed broad ecquen of record for value the e6tate"interest of mortgage therew toured by this Commitment. IN WITNESS WHEREOF, Old Republic National Title Insurance Company has caused its corporate mesa and nil to he boom affixed by its duly ,mho nnal droll on the due shown in Schedule A, to be valid When c"rnersigned by a insulating officer or dw authorized signatory. Autwrzed Sipane CC.ORT OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY ,,,,, A Sack Company ,:.ot►a'*?*Fvyo •,, I) �y 400 Seed Accrue Sale ; _�+� A +' b • JJ" O Minneapolis, Min umsta 55401 r� CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Jennifer Phelan, 429-2759 DATE: 5/05/07 PROJECT: Lot 10, Aspen Highlands Village REPRESENTATIVE: Brain Beazley TYPE OF APPLICATION: Insubstantial Planned Unit Development (PUD) Amendment DESCRIPTION: The prospective Applicant would like to amend the shape of the development envelope for Lot 10 of the Aspen Highlands Village Subdivision and PUD with no net increase in the area of the envelope. The lot is part of a Planned Unit Development (PUD) and PUD Amendment approval is required to modify the PUD and allow the alteration of the development envelope. Approval to apply for the amendment shall be provided by the Homeowners Association. Land Use Code Section(s) 26.304 Common Development Review Procedures 26.446.100 A. Planned Unit Development — Insubstantial Amendment Review by: - Staff for complete application - Referral agencies for technical considerations - Community Development Director (for administrative decision on the amendment request, unless it is determined that the application does not qualify as an insubstantial amendment). Public Hearing: No Planning Fees: $705.00. Deposit for 3 hours of staff time (additional staff time required is billed at $225 per hour) Total Deposit: $705.00 Total Number of Application Copies: Administrative Insubstantial PUD Amendment: 2 Copies To apply, submit the following information: ✓ 1. Total Deposit for review of application. ✓2. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. ✓3. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. ✓4. Completed Land Use Application. v5. Signed fee agreement. .v6. Pre -application Conference Summary. v 7. An 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen. ✓8. Proof of ownership. ✓1. Existing and proposed site plan and landscaping plan. ✓l0. A proposed PUD Amendment plat showing the change to the development envelope. ,/ 11. A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application. 12. All other materials required pursuant to the specific submittal requirements. 0