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Home My WebLink Aboutcoa.lu.pu.Aspen Highlands Village Lot 10 245 Thunderbowl.0033.200711 I` — Aspen Highlands Village Lot 10.245 — Thunderbowl 273514310010 0033.2007- A(.(1 City of Aspen Community Development Department CASE NUMBER 0033.2007.ASLU PARCEL ID NUMBER 2735-143-10-010 PROJECT ADDRESS 245 Thunderb6*1 Ln. PLANNER Jason Lasser 1I)�U4 CASE DESCRIPTION f4wl PUD REPRESENTATIVE David Johnston Architects DATE OF FINAL ACTION 8/ 14/07 CLOSED BY Amy DeVault Si Erkt Revd lupte =1^1 Reports Faemt jab -eo ,,,,jj !p ♦ /, �,} oMain Customfields Fees Actions Pacels Routh Status fee Sunmay Rousing Hatony Atladments n ;PemdType eslu _JAspmL"Use Na# �A33.?�iC7.A51'J Ad6ess 5'tt.7E46C,'i.L,' J m/sule ° Cey SFEN StalatCD - Zp 3:Eit J Perm lriamalm MaddPunt RoutirgQueue ash07 Appkd ' �29'NY.? z Project J Staus perdng Aw.,d F Desaplon FlNALPUD Issued F FM �J Si6dled DANDJOHNSTONARCH, 93..31d1 Clock FR;;W Days 0 Elpiros �23'd10c Dw u ^I Lad Nape LATH"_, LC J Fnt Name �- 418 E COOPER PEN C081611 PMne r GwnalsApphcant? Apphca l Lad Name.AT➢?A 1:�C RdNameF 41BE CODPER PEN DO81611 p", CustA 25i30 Lader Lass Name �� Z Rat Norm l 2�(35 14 310to 1C7 Erta it poWd nano AspenGolk6) _, Remrd2of2 0 • File Edit Record Navigate Format Tab Help Hide ;; r94 4 ii Jump 1 Group 2 a- Aspen Land Use Action comdevlu C LAND USE REVIEW t, Schedule Request Assigned by Sched start Sched end Contact Phone Received Result Information __ .. _ . _ _._v._. .._. ________ _._____.___ ._.____ _....__... .._--. Complete fv— Code Start date 07J09J2007 08:28:18 AM _j Complete date 08J14J2007 08:28:04 AM Hours i Y Completed by liasonl JASON LASSER IVR Message F Comments Activity Check List II 1 -lion comments As PenGold(b) 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 Property: 245 Thunderbowl Lane, Aspen, CO, 81611. Legally described as Lot 10, Block A, Aspen Village Subdivision. i j G / 14v,i5 Written Description of the Site Specific Plan and/or Attachment Descnbin lan: Insubstantial Amendment to the Thunderbowl/Lot 10 Aspen Subdivision Planned Unit Development (PUD) to amend the shape of the building envelope with no net increase in the area of the envelope. �AV-cr51, t D - j 4'71- Or�' J �" 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 • 0 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, pertain ing to the following described property: 245 Thun derbowl Lane Aspen, Parcel ID 2735-1431-0010. Legally described as Lot 10, Block A, Aspen High lands Villa a Subdivision Planned Unit Develop ment (PUD�. The approval is to grant an insubstan tial amendment to the Aspen Village Subdivision PUD, Ordinance No. 8. Series of 2000. The Chang as 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 AT 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 Weekly on August 19, 2007.(554842) 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 Subiect Property: 245 Thunderbowl Lane, Aspen, CO, 81611. Legally described as Lot 10, Block A, Aspen Village Subdivision. Written Description of the Site Specific Plan and/or Attachment Describing Plan: Insubstantial Amendment to the Thunderbowl/Lot 10 Aspe ubdivision Planned Unit Development (PUD) to amend the shape of the building envelope with no net increase in the area of the envelope. VAPpri L IV 2 �, 5 _ ja 4 J _ 00 1 p 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 / 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. • • APPROVED BY: Chris endon Community Development Director Attachments: Exhibit A - Review Criteria --� jl- -/off Date 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. I� The proposed amendment does not increase by greater than three (3) percent the overall coverage of structures on the land. The proposed amendment does not substantially increases trip generation rates of the proposed development, or the demand for public facilities. J The proposed amendment does not decrease the approved open space by greater than three (3) percent. 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. Cl" The proposed amendment does not increase the approved gross leasable floor area of —/ commercial building by greater than two (2) percent. L� The proposed amendment does not increase the approved residential density of the development by greater than one (1) percent. 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. 3 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. 0 0 ATTACHMENT 2 -LAND USE APPLICATION APPLICANT: Name: w i I dA, �— Location: 1 d-F i c 6Lx-,C_ K 'n" Indicate street address lot & block number, legal description where appropriate) Parcel ID # (REOUIREDI Z % - I4I"S— l o - <n t O REPRESENTATIVE• Name: Address: j�, C— . Gc� lam'--�1� �4�� `-'i,IT�Zo� �•SI"�.C� �' 16 I j Phone #: Z �j — �� -1 L{ PROJECT: Name: J...y"r I —W LJr.LDG—'12.� � t— A Address: Phone #: TYPE OF APPLICATION: (please check all that apply): ❑ Conditional Use ❑ Conceptual PUD ❑ Conceptual Historic Devi. ❑ Special Review Bj 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 Adjustment ❑ Text/Map Amendment EXISTING CONDITIONS': (description of existing buildings, uses, previous approvals, etc.) S A % FT - ►lo tJ `T �;z � WL PROPOSAL: (description of proposed buildings, uses, modifications, etc.) 7bU� L, ►7 � ►.1 U 4 /GL t' — -s�i lei-' - h( c� r.l s=�- c� i� r tl Hate you attached the following? FEES DUE: $ [F re -Application Conference Summary Attachment #1, Signed Fee Agreement ❑ Response to Attachment 43, Dimensional Requirements Form r 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. 0 0 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and L �L 1 1 rtA L' (hereinafter APPLICANT) AGREE AS FOLLOWS: APPLICANT has submitted to CITY an application for ` l_ rrr 10 -r�1 il�k.L � ��, 1- ,C dL4go�;, Utz->. (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 ii:s 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 $_� 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 further 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: Chris Bendon Community Development Director Date: l' Z-7 C' 7 Bill To Mailing Address and Telephone Number: 4108 je . . .z 2` • ci DAVI D JOHNSTON ARCH ITECTS Pc 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 ev%%tv.djarchiIcclti., um Land Title Guarantee Company CUSTOMER DISTRIBUTION rd-ntle WARAN ILL LUMIMANY Date: 06-19-2007 Our Order Number: Q62000548 Property Address: 245 THUNDERBOWL LANE ASPEN, CO 81611 Ifyou have any Inquiries or require further assistance, please contact one of the numbers below. - For Title Assistance: Aspen Title Dept. Kurt Beereboom 533 E HOPKINS #102 ASPEN, CO 81611 Phone: 970-925-1678 Fax: 970-925-6243 EMail: kbeereboom@ltgc.com DAVID JOHNSON ARCHITECTS 418 EAST COOPER AVENUE ASPEN, CO 81611 Attn: BRIAN BEAZLEY Phone: 970-925-3444 Copies: 1 EMail: brian@dJarchitecis.com Sent Via EMaII 0 E Land Title Guarantee Company P" Date: 06-19-2007 Land Title Our Order Number: Q62000548 (,UARANI[l LOWANY Property Address: 245 THUNDERBOWL LANE ASPEN, CO 81611 Buyer/Borrower TBD Seller/Owner: ULTIMA III, LLC, A DELAWARE LIMITED PARTNERSHIP Need a map or directions for your upcoming closing? Check out Land Title's web site at www.Itgc.com luz- UV-CCIaulla .v a.■ ESTIMATE OF TITLE FEES TBD Commitment $194. 00 Zf Land Title Quarantse Company will be closing this transaction, above fees will be collected at that time. TOTAL $194.00 1 Y.— CONTACT 06/011 THANK YOU FOR YOUR ORDERI LAND TITLE GUARANTEE COMPANY INVOICE rd-nde 611ARAni ec 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 r- -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. Q62000548 Schedule A Cust. Ref.: Property Address: 245 THUNDERBOWL LANE ASPEN, CO 81611 1. Effective Date: June 07, 2007 at 5:00 P,M. 2. Policy to be I:;sued, 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 Simpl( 4. Title to the estate or interest covered herein is at the effective date hereof vested in: ULTIMA 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 014 PITKIN, STATE OF COLORADO. ALTA COMMITMENT Schedule B-1 (Requirements) Our Order No. Q62000548 The following are the requirements to be complied 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 tw:es or assessments against said land. 8. Liens for unpaid water and sewer charges, If any. 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 COMMISSIONd, 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 0 ALTA COMMITMENT Schedule B-2 (Exceptions) Our Order No. Q62000548 The polky 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, BUT 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, 1998 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 HIGHLLANDS 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 HIGHLANDS VILLAGE PUD SIGN GUIDELINES RECORDED AUGUST 29, 2003 AT RECEPTION NO. 487669. 29. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION 033-2006 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 Certiflctite of Taxes Due listing each taxing jurisdiction may be obtained from the County Treasurer's authorized agent. C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half 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 rumiting 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 cr 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 tin -filed 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 fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to 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 likeiihood 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. Form DISCLOSURE 03/01/02 • • JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION, 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 agents 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: * applications 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 NOT 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. Form PRIV.PM.ORT E CI Commitment to Insure ALTA Commitment • 1970 Rev. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, herein called the Company, for a y * valuable consideration hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor *T * of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land C described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedule A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the indentity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. CONDITIONS AND STIPULATIONS 1. The term "mortgage", when used herein shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acqukes actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Comparry in writ ng, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure of the proposed Insured to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of ary such defect, lien encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Conxnitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations, 3. Liability of the company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply withthe requirements hereof or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions.and the Coniltionts and Stipulations and the Exclusions from Coverage of the form of policy or policies committed, for in favor of the proposed Insured which are hereby incorporated by reference and made a pan of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Comtnnitment. STANDARD EXCEPTIONS In addifion to the matters contained in the Conditions and Stipulations and Exclusions from Coverage above referred to, this Commitment is also subject to the following: 1. Riots 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 Ines, shortage in area, encroachments, and any facts which a correct survey and inspect& zf 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 3uubkc 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. IN WITNESS WHEREOF, Old Republic National Title Insurance Company has caused is corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A, to be valid when countersigned by a validating officer or other authorized signatory Authorized Signature CC.ORT OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY P. , , , f A Stock Company `oa�*rT�i� •, �p Avenue South . �, � '� sue•, y 400 Second Minneapolis, Minnesota 55401 . =P - u # (612) 371.1111 ' m m ' — .46 • • 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 26.445.100 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. , -5. Signed fee agreement. ./6. Pre -application Conference Summary. :- 7. An 8 1/2" x I I" vicinity map locating the subject parcel within the City of Aspen. ✓8. Proof of ownership. ✓9. Existing and proposed site plan and landscaping plan. -/10. 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 • t SNOOP NEWS NOUN 0 • 0 0 i 0 -� Lot 9 V, 7'icin?e& Vap N. T.If Legend and Notes: OO indicates found monument, J5 rebor and Red Plastic Cap (RPC), L.S. 20133. Basis of Bearings - The record bearing between the C114 corner and t W114 of Section 14, T 10 S., R.85 W. 6th P.M., is N89'39.34'bV as sho on the Aspen Highlands Village P.U.D. of said Plat recorded at Pitkin County, State of Colorado. Legal Description: Lot 10, Block A, Aspen Highlands VI/loge P.U.D. recorded October 15, 1998 in Plot Book 47 at Page 1 and First Amended Plat recorded May 24, 2005 in Plat Book 73 at Page 71 in. the County of Pitkin, State of Colorado. 3 - Stone Woll Area subtracted from the Original Activity Envelope (327.36 sq. - Area added to the Original Activity Envelope (32736 sq. ft.) 1 ' t 1 _ t PoG S06'00'49 "� _ It 1 t )00 2.49' i 136.50' ' N i he wn ft.) v Q) The square footage of the Amended Building Envelope will stay the some. I 327.36 square feet has been deducted from the Southeasterly part of Lot 10 as shown and 327.36 square feet has been added to the Southerly part of Lot 0 10 a- shown hereon. - This survey does not represent a title search by this surveyor to determine ownership or to discover easements or other encumbrances of record. All information pertaining to ownership, easements or other encumbrances of / record has been taken from a title insurance commitment issued by Land Title O Guarantee Company dated 07 June 2007 as Order No. 062000548. ( ` GRAPHIC SCALE ' O 1 _It9 9c ` ` m �f L6 -r 506'00_49'E - _ 4 a t r t t 43.31' 30' IN O 1 + 1 Lot 10 aw t `t I !' 11 0. 739 c. ( t_.J t It i f ` ll Val �c tit F• 1l % -46�33, Sz0 8 Fo itQg. 3 j8"W f ed V� G�f 20 0 10 20 40 80 � / i 00�� / S9 \ 2Q'.) r sjbtrac ft. N� Area 36 o- fI `Cr ( 321 ( iN FEET) I inch = 20 ft. LiNE TABLE LINE LENGTH BEARING L 1 21.30 N753342'E L2 29,95 N20'45'72 "W L3 15.00 N83159'11 'E L4 6.20 N39'l1'1O'E L5 20,00 S83'59'11 'W L 6 20,28 N06"00 49 "W L 7 13.69 S22'44 05'E L8 1354 S68'33 53'E L9 24.87 N67'04'49E CURVE TABLE CURVE RADIUS LENGTH TANGENT CHORD BEARING T C7 149.00 182.41 704.60 171.23 5692204'E -DEL 70'0828" C2 67.44 13.25 6.65 1.3.23 S61'04 49 E" 11'15 24 " C3 221.38 92.06 46.71 91.40 S74.37 58'E 23'49 38" C4 179,00 114.83 59.47 112.87 583'22 25'E 36'45 25" C5 241.62 34.43 17.24 34.40 S74 37 53'E 8'09 51 " C6 17300 41.39 1 20.80 41.29 S5838 37'E 13'42 33" C7 173.00 715.11 1 59.77 112.99 S843332'L- 38'07'18" C8 241.62 54.49 1 27.36 154.,37 S64-05 21 'E 12-55'15" Notice., According to Colorado Law, you must commence any legal action based upon any defect in this survey within three years after you first discover such defect in no event may ony legal action based upon any defect in this survey be commenced more than ten years from the dote of the certiflcotion shown hereon. Z) 1 N . r, i + + � r , + , r r it' , % 555*42'11 V 56.30' r a�'It' i9 IBlo c% H I Ski Easement Area r r r ,z,r fte S � rr M v --•. r + , r I r r + SCHMUESER GORDON MEYER I 18 W. 6TH SPRINGS, STREET, SUITE 200 GE_ENWOOD SPRINGS,,COLQRADODo 8 1601 (970) 945- 1 004 FAX (970) 945-5948 SCHMUESER CORDON MEYER ASPEN, COLORADO (970) 925-6727 CRESTED BUTTE, CO (970) 349-&355 ENGINEERS & SURVEYORS E-mail: survev0sam-Inc.com 11 T6 Second Amear dea Pla t dot 10 Bloch A _. Aspen ��-.��a��s ��age P.U.D., Pitkin CoColorado Certification of Dedication and OwnershiQ Ult/ma l//, LLC is the owner of certain lands in Pitkin County, Colorado, located within the Aspen Highlands Village P.U.D. according to the plot thereof recorded on October 15, 1998 in Plot Book 47 at Page 1, described. As follows: Lot 10, Block A: Does hereby execute and record this amended plot for the following purposes: to shift a portion of the Building Envelope (327.36 sq. ft.) from the Southwest side of the Building Envelope to the South side (327.36 sq. ft) as shown hereon. This area will be subtracted from the Activity Envelope. The amendments do not affect lot size or any easements as shown on the Plat of Aspen Highlands pillage P.U.D. recorded on October 15, 1998 in Plat Book 47 at Page 1. Lot S Ultimo tJ/, LLC, Owner By: ------------------------- Title: -- ------------- i I, Stephen L. Ehlers, a duly registered Professional Land Surveyor in the State of Colorado, do hereby certify that this Second Amended Plat of Lot 10, Block A, Aspen Highlands Village P.U.D. correctly represents the results of a survey made under my direct responsibility, supervision and checking, which survey was prepared in accordance with Article 51 Title 38 of the Colorado Revised Statutes. Stephen L. Ehlers PLS 20133 Dote Acknowledgment State of '/orado ) ) ss. County of Pitkin ) The forgoing certificate of dedication and ownership was acknowledged before me this ---- day of --------- 2007 by --------------------, as the owner of Lot 10, Block A, Aspen Highlands Village P.U.D. WITNESS my hand and official seal. My commission expires ---------------_ Notary Public 17LE CERTIFICAT The undersigned, a duly authorized representative of Land Title Company registered to do business in Pitkin County, Colorado, hereby certifies that the person listed as owner in this map holds fee simple title to the real estate described hereon free and clear of all liens and encumbrances. Although we believe the facts stated on this map are true, this certificate is not to be construed as on abstract of title nor will be charged with any financial obligation or liability whatsoever on any statement contained herein. Arne Simonsen, Title Examiner Dote The Foregoing title certificate was acknowledged before me this _ Day of ----------- 2007 by Arne Simonsen as the Title Examiner for Land Title Company. My commission expires ----------------- -- Witness my hand and official seal. Notory Public Home Owners Association The Aspen Highlands Village P.U.D. Association, Inc., a Colorado nonprofit Corporation. President Acknowledgment State of Colorado ) ) ss. County of Pitkin ) The forgoing instrument was acknowledged before me this ---- day of -------, 2007 by -------------- ------- as President of the Aspen Highlands village P.U.D. Master Association, Inc. a Colorado nonprofit Corporation WITNESS my hand and official seal. My commission expires ----- __-----_-- Notary Publir mmunity Uevelooment Director's ADaroval This Second Amended Plat of Lot 10, Block A, Aspen Highlands Village P.U.O. has been approved by the Community Development Director of the City of Aspen, Colorado, this ---- day of -------------, 2007. BY, ------- - ---------- --- Director m»unily__Develovment_ Enaineer's Aooroval This Second Amended Plat of Lot 10, Block A, Aspen Highlands Village P.U.D. has been approved by the Community Development Engineer of the City of Aspen, Colorado, this ---- day of -------------- 2007. Community Development Engineer RK & RECOR l hereby certify that this Second Amended Plot of Lot 10, Block A, Aspen Highlands Village P.U.D. was accepted for recording in the office of the Clerk and Recorder of Pitkin County, this ---__- day of -, 2007 and is duly recorded in Plat Book _-_ at Page -__- as Reception No. ,.,_-- -------- ---_ in the Records of Pitkin County, Colorado. P/TK/N COUNTY CLERK AND RECORDER NUM- I REVISION DATE BY Job No. 2003-253.002 Lot -10, Block A OCR Second Drawn by. tkC Amended Date: 0610s/07 N sp A ten Highlands Village P UD Plat Approved. • ^T OF 1 -7-�on Area Easement �S ►1 nr��r+B,rwt1!c u6r«ne,, S PLANTER rote I i i asem en t vi DAVID JOHNSTON ARCHITECTS vc 418 East Cooper Ave Suite 206B Aspen, CO 81611 TEL 970-925-3444 FAX 970-920-2186 758 Main Street Carbondale, CO 81623 TEL 970-963-7444 FAX 970-963-8444 Affideas,designs, ormngements and plans indicated orrepresented by this dmwing are ownedbyandorethe propertyofDavid Johnston Architects, PCond developed foruse and in conjunction with the specified project None ofthe ideas, designs arrangements or plans shall be used by ordisclased forany purpose whatsoever without the written authorization ofDavidlohnston Architects, PC 0 m ryoo w LU CD fo Q � a z� zo gu c� z LU I— z `^ w OQ V) F-- 0 DRAWING ISSUE Preliminary 12-19-03 Schematic 01-28-04 Design Dev. 05-04-04 Design Rev. 07-29-04 Design Dev. II 08-03-04 Coordination 08-27-04 B.D. Submit 09-27-04 Pricing Set 03-01-05 Construction 06-15-05 Construction II 10-15-06 SITE PLAN 1 " = 10'_0" PROJECT No: 0402 DRAWN BY: SITE PLAN 100'-0" BUILDING = 8198'-0" SITE E L� 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 26.445.100 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. 5. Signed fee agreement. ,�6. Pre -application Conference Summary. 7. An 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen. ✓8. Proof of ownership. ✓9. Existing and proposed site plan and landscaping plan. -,'10. A proposed PUD Amendment plat showing the change to the development envelope. ,A 1. 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. • ATTACHMENT 2 —LAND USE APPLICATION APPLICANT: Name: (l I�(A l �-- Location: ,Lo"T" icy 6L.,a c- V_ A (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) REPRESENTATIVE: Name: Address: I`� C . Gc� t��1� ��/� 'S(� ITS o� �.SI"�� ,� -a `C; ( C I Phone #: 1I2- --�>44 4-/C4 PROJECT: Nance: � , vT f U T� LjK1Vey_—%So �,J 1_ Address: 241 5 1 i-i Phone #: TYPE OF APPLICATION: (please check all that apply): ❑ Conditional Use ❑ Conceptual PUD ❑ Conceptual Historic Devt. ❑ Special Review 9 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 Adjustment ❑ Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) �> 1 � L'7 � r.�, 1✓ fl �/��-cam tom. SI-i � �T - ►�n r� �T ��< `1 PRoposAL: (description of proposed buildings, uses, modifications, etc.) yl� ,: T �I � rA(VL �.-dP� S4-f lam^ - t-4 0 (,J ET C-> /--, r i,I Ha e you attached the following? FEES DUE: $ &2' - V[Fe -Application Conference Summary Attachment #1, Signed Fee Agreement ❑ Response to Attachment #3, Dimensional Requirements Form r Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards All plans that are larger than 8.5" z 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 Agreement for Payment of Cily of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and 0L TI r1A 4—zt 4-LL— (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for I I '-' vT' (0 �f1-Ia �r �>�k.Li_ . A-.-PerL• f tc*aLbo• (hereinafter, THE PROJECT). 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 $ 1-� 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 further 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 N BY • By: -- Chris Bendon Community Development Director Date: l' Z-7 C, 7 Bill To Mailing Address and 'Telephone Number: DAVI D JOHNSTON ARCH ITECTSrc 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, t�2tts, PC %��cw.djaichiicci,.rnIII Land Title Guarantee Company CUSTOMER DISTRIBUTION Land Title bUARANILL 1, WAVANY Date: 06-19-2007 Our Order Number: Q62000548 Property Address: 245 THUNDERBOWL LANE ASPEN, CO 81611 Ifyou have any inquiries or require further assistance, please contact one of the numbers below: For Title Assistance: Aspen Title Dept. Kurt Beereboom 533 E HOPKINS #102 ASPEN, CO 81611 Phone: 970-925-1678 Fax: 970-925-6243 EMail: kbeereboom@ltgc.coin DAVID JOHNSON ARCHITECTS 418 EAST COOPER AVENUE ASPEN, CO 81611 Attn: BRIAN BEAZLEY Phone: 970-925-3444 Copies: 1 Entail: brian@djarchitects.com Sent Via Entail 0 ! Land Title Guarantee Company Date: 06-19- 2007 Land Title Our Order Number: Q62000548 (AJARANILL WNIVANY Property Address: 245 THUNDERBOWL LANE ASPEN, CO 81611 Buyer/Borrower: TBD Seller/Owner: ULTIMA III, LLC, A DELAWARE LIMITED PARTNERSHIP Need a map or directions for Your upcoming closing? Check out Land Title's web site at www.Itgc.com for directions to anv of our A outce locations. ESTIMATE OF TITLE FEES TBD Commitment $194. 00 If Land Title Guarantee Company will be closing this transaction, above fees will be collected at that time. TOTAL $194.00 IF... CONTACT 06/04 THANK YOU FOR YOUR ORDER! • E LAND TITLE GUARANTEE COMPANY INVOICE Land Title WARANTEE 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. Q62000548 Schedule A Cust. Ref.: Property Address: 245 THUNDERBOWL LANE ASPEN, CO 81611 1. Effective Date: June 07, 2007 at 5:00 P.M. 2. Policy to be Issued, 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: ULTIMA 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. • 0 ALTA COMMITMENT Schedule B-1 (Requirements) Our Order No. Q62000548 The following are the requirements to be complied 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 TO 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 • 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, BUT 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, 1998 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 HIGHLANDS 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 listing each taxing jurisdiction may be obtained from the County Treasurer's authorized agent. C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half 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 un-filed mechanic's and material-men's liens. D) The Company must receive payment of the appropriate premium. E) If there has been constriction, 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 frilly executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to 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. Form DISCLOSURE 09/01/02 0 JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION, 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 agents 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: * applications 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, as, 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 NOT 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. iOrMI1J iNTA NWX1.41 • 0 Commitment to Insure ALTA Commitment -1970 Rev. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, herein called the Company, for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor *, * of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedule A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the indentity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shah cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. CONDITIONS AND STIPULATIONS 1. The term "mortgage', when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure of the proposed Insured to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed, for in favor of the proposed Insured which are hereby incorporated by reference and made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the fide to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. STANDARD EXCEPTIONS In addition to the matters contained in the Conditions and Stipulations and Exclusions from Coverage above referred to, this Commitment is also subject to the following: 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. and not shown by the public records. 4. Arry lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law 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. IN WITNESS WHEREOF, Old Republic National Title Insurance Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A, to be valid when countersigned by a validating officer or other authorized signatory. Authorized Signature CC.ORT OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Stock Company ; •oap Tart 400 Second Avenue South .; aP * Minneapolis, Minnesota 55401 - u (612) 371-1111 ,r J. 1:i j 1 Site " lricinzty �ffap Legend and Notes. - indicates found monument, 15 rebor and Red Plastic Cap (RPC), L.S. 20133. Basis of Bearings - The record beonng between the C114 corner and the W114 of Section 14, T. 10 S.,R.85 W. 6th P.M., is N89'39'34'�Y as shown on the Aspen Highlands V%loge P.U.D. of said Plot recorded at Pitkin County, State of Colorado. Legal Descnation Lot 10, Block A, Aspen Highlands Village P.U.D. recorded October 15, 1998 in Plat Book 47 at Page 1 and first Amended Plot recorded Moy 24, 2005 in Plat Book 73 at Page 71 in. the County of Pitkin, State of Colorado. Cj---X-:C2 - Stone Wall - Area subtracted from the Original Activity Envelope (327.36 sq. ft.) - Area added to the Original Activity Envelope (32736 sq. ft.) 1 � 1 1 1 t 1 1 1 1 1 1 1 V � ) q The square footage of the Amended Building Envelope wi// stavJ y the same. 327.36 square feet has been deducted from the Southeasterly port of Lot 10 Cr , as shown and 327.36 square feet has been added to the Souther/y part of Lot O v 10 a- shown hereon. - This survey does not represent a title search by this surveyor to determine ownership or to discover easements or other encumbrances e information pertaining to ownership, A// easements or other of rcord. Of of Guarantee Compan record has been taken from a title insurance commitment issued by Land Tt/e O y doted 07 June 2007 as Order No. 062000548. V GRAPHIC SCALE 20 0 {e 20 �40�� ( IN FEET ) 1 ' Lot 9 , t it '19e",9s r "E ^ )� Z. 49' S06'00'49 i l36.50' ` , { { t 29. 12' o { Cn t i ^^ 43.31' , 9 � ram• \ k t ,Lot 5 n {t ZZ (p N + r+ rn sv t t c If Lot 1 n �vIt 0. 739 cc. V ` � i Pie / ' e r i / i Ep 0 4b o L2 9 52,. 0' f > \ 57 lb 4 ', 00�9� rii 9\\ •�•✓ .� p331�tfa 2..T f, \ Are f inch = 20 ft, r , cUKrr£ TABLE CURIE RADIUS LENGTH TANGENT CHORD BEARING C7 149.00 182.41 104.60 171.23 S69 22 04' C2 67.44 13.25 6.65 13.23 S61'04 49' C3 221.38 92.06 46.71 91.40 S74 37 58' C4 179. 00 114. 83 59.47 112-87 S83 22 26' C5 241. 62 34. 43 17.24 34. 40 S74 37 53' C6 173.00 41.39 20.80 41.29 S58'38 37'; C7 173.00 115.11 59.77 112.99 S84 33 32' C8 241.62 54.49 27.36 54.37 {tire.• cordr'ng to Colorado Law, you must mmence any legal action based upon any fect in This survey within three years after u first discover such defect. In no event sy any lego/ action bused upon any defect this survey be commenced more than ten ors from the dote of the cerlificolion shown eon. Ole, h it r , / 520.46 1 2 0 22 0 r , /rr r S55'42'1 I "W SURMVR'S ORTIfry(A 56.30' r J DELTA ,B/o c% H ,�'1 .y�' ,'� 70'0828" 11 15 24 " Ski Easement Area / "49'J8" � 1 ' '45 25' ~,. r 09 51 " �' r '42 33" r , r % r 1 J r , SCHMUESER GORDQN MEYER 1 18 W. 6TH STREET, SUITE 200 GLENWOOD SPRINGS, COLORADO 8 1601 (970) 945- 1 004 FAX (970) 945-5948 SCHMUESER I GORDON I MEYER I RESDBE(95 ENGINEERS ASPEN, CO70)3495a55ORS E-mail: sunrevesam-Inc.com hin the State OfColorado, u/re gistered cer ,yethat this Second Surveyor Amended Plat of Lot 10, Block A, Aspen Highlands V%loge P.U.O. correct/y represents the results of a survey made under my direct responsibility, supervision and checking, which survey was prepared in accordance with Article 51 Title 38 of the Colorado Revised Statutes. Stephen L. Ehlers PLS 20133 Dote Lot 10, .Block- A Aspen ffighla.n ds Villag e PUI� ification of Dedi a ion and Ownershir Ultimo ///, LLC is the owner of certain lands in Pitkin County, Colorado, located within the Aspen Highlands I<lloge P.U.D. according to the p/at thereof recorded on October 15, 1998 in Plat Book 47 at Page 1, described. As follows: Lot 10, Block A: Does hereby execute and record this amended plat for the following purposes. to shift a portion of the Building Envelope (32736 sq. ft.) from the Southwest side of the Building Envelope to the South side 027.36 sq. ft) as shown hereon. This area will be subtracted from the Activity Envelope. The amendments do not affect lot size or any easements as shown on the Plot of Aspen Highlands t�i//age PU.D. recorded on October 15, 1998 in Plat Book 47 at Page 1. Ultimo ///, LLC, Owner By.• --------- Title. Acknowledgment State o/ 010rado ) ss. County of Pitkin ) The forgoing certificate of dedication and ownership was acknowledged before me this ____ day of ......... 2007 b as the owner of Lot 10, Block A, y Aspen Highlands Village P.U.D. WITNESS my hand and official seal. My commission expires ...... Notary Public T/TLEff.&77F NAT The undersigned, o duly authorized representative of Land Title Company registered to do business in Pitkin County, Colorado, hereby certifies that the person ATted as owner in this map holds fee simple title to the real estate described hereon free and clear Of 0// liens and encumbrances. Although we believe the facts stated on this map are true, this certificate is not to be construed os an abstract of title nor will be charged with any financial ob6gotion or liability whatsoever on any statement contained herein. Arne Simonsen, Title Examiner-----_ ------ Dote The Foregoing title certificate was acknowledged before me this Doy of -----_ 2007 by Arne Simonsen as the Title Examiner for Land Ttle Company. My commission expires_______ Witness my hand and official seal. -.. ..... -..... Notary Public W�li1� �6>2 Home Owners Acarsr%�++� �� / 1 -03 The Highland Aspen HighlanK11oge P.U.D. Association, Inc., a Colorado nonprofit Corporation. President Acknowledgment State of Colorado ) County of Pitkin ) ss. The forgoing instrument was acknowledged before me this day of ____-__, 2007 by ..................... President of the Aspen High ndsUflage P.U.D. Master Association, as /nc. a Colorado nonprofit Corporation WITNESS my hand and official seal. My commission expires ..... -__ Notary Public mm i _Deve%mffl nir rf is ADarovol This Second Amended Plat of Lot 10 Block A, Aspen Highlands Village P.U.O. has been approved by the Community Development Director of the City of Aspen, Colorado, this ____ day of ------------ 2007. By-------------- Director --_ commun, nAy o $ tilooment ngineers ADOrayal This Second Amended Plat of Lot 10, Block A, Aspen Highlands VillageP.U.D. has been approved by the Community Development Engineer of the City of Aspen, Colorado, this ____ day of ------ ------, 2007. Community Development Engineer iPK & R r'nianFR' CEaTF/ / hereby certify that this Second Amended Plot of Lot 10, Block A, Aspen Highlands t/il/age P.U.O. was accepted for recording in the office of the Clerk and Recorder of Pitkin County, this ______ }' of do _ - _-__, 2007 and is duly recorded in Plot Book ---- at Page -___ as Reception No. in the Records of Pitkin County Colorado. �- - PITKIN COUNTY CLERK AND RECORDER REVISION DATE BY S'e cOn d . 2003-253.002 Drawnby. tkC 1 y Ana en ded Q6105/07 dd ry l a,t jA!p!pjro!ed. r of 1 i� P r> o n Arec Easement 9. A quantity oP ic>ai S-gallon shrubs are proposed along thewaftthat parallel the:-*h easement., lo. so Imited lawn Is proposed to the west of the strus i, withln the:. hum Ong envelope and inclose proximity to the home., 11.No eldWor iighttpg is prgposed,at this UMC- )S '1 l 1 � 1 ,1 ADDS BAGK-LIT \, W V O�1 �I 11 11 I � I )SS \\ -.. 4� \ �s PLANTER SITE wau i i i 4 t 4, 1 1 1 1 , , r , l , , l t 1 , t , , , , , , , 4 1 1 , 1 , , , , , 4 , , , , , i t 1 , ❑ i O 1 1 t l t i , , t O � l , t , \ ' t V y , i r t � 1 1 N 1 , , 1 1 i, 'l it7e of � ,:5KI Ell SEMENT " asemen t SITE PLAN 100'-0" BUILDING = 8198'-0" SITE !J` CoIN DAVID JOHNSTON ARCHITECTS Pc 418 East Cooper Ave Suite 206B Aspen, CO 81611 TEL 970-925-3444 FAX 970-920-2186 758 Main Street Carbondale, CO 81623 TEL 970-963-7444 FAx 970-963-8444 All ideas, designs, anangementsandplans indicated or represented by this drawing are owned by and are the property of David Johnston Architects, PC and developed for use and in conjunction with the specified project. None ofthe ideas, designs, arrangementsor plans shall be used by or disclosed for any purpose whatsoever withou t the written authorization of DavidJohnston Architects, PC. F00 W CD I.0 � o Q � � zzo 0 � � go �z LU z to LU Q a V) J DRAWING ISSUE Preliminary 12-19-03 Schematic 01-28-04 Design Dev. 05-04-04 Design Rev. 07-29-04 Design Dev. II 08-03-04 Coordination 08-27-04 B.D. Submit 09-27-04 Pricing Set 03-01-05 Construction 06-15-05 Construction II 10-15-06 SITE PLAN 1 " = 10'_0" PROJECT No: 0402 DRAWN BY: