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Land Use Case.S Aspen St.0007.2009.ASLU
24�0q- ASLU File Edit Word N,avoiB Fgrn Reports Format Tab Help ---- ---- 0 J&Oon Iu�Fietds leaven: lFe% (Parcels IFeesumre Isub&rn*s IftachmentslRoyldngStatus (Routing a ► Permit Type laslu . Aspen Land Use Permit i' 0007,2009,ASLU Address OUTH ASPEN STREET SUBDIVISION J Apt/Suite CRY SPEN State CO- ] Zip 81611 -Permit Informatnn_ Master Permit J Routing Queue aslu07 Applied 01126/2009 J Project 2 Status pending Approved r Description SOUTH ASPEN STREET SUBDIVISIONjPUD VESTED RIGHTS EXTENSION Issued I Final r— Submitted IVANN ASSOC Clock Running Days r 0 Expires 01f21j2016 J Last Name JASPEN LAND FUND II LLC First Name 1 3636 BIRCH ST T'� SUITE 260 Phone I NEWPORT BEACH CA 92660 r Owner Is Applicant? Last Name JASPEN LAND FUND 11 LLC ? First Name 3636 BIRCH ST Phone I Cust TE 260 =1 NEIWPORTT BEACH CA 92660 .f 27398 Lender Last Name r ] First Name Phone 1 17 C1 > C4,(- n�1� l y Z 0.0 o RESOLUTION NO.2 (Series of 2009) A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING AN EXTENSION OF THE VESTED RIGHTS GRANTED BY ORDINANCE NO. 32, SERIES OF 2003, FOR THE SOUTH ASPEN STREET SUBDIVISION/PUD APPROVAL, BEING A PARCEL OF LAND DESCRIBED AS PARCELS 1, 2, AND 3, OF THE SOUTH ASPEN STREET SUBDIVISION/PUD, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Community Development Department received an application from Aspen Land Fund II, LLC, represented by Sunny Vann, of Vann and Associates, requesting approval of an 18-month extension of the vested rights granted for the South Aspen Street Subdivision/ PUD pursuant to Ordinance No. 32, Series of 2003; and, WHEREAS, City Council adopted Ordinance No. 32, Series of 2003, which approved a subdivision/PUD and awarded Vested Property Rights status for the development of fourteen (14) free-market residential units and seventeen (17) affordable housing units until July 28, 2006; and, WHEREAS, the statutory vested rights for the project were subsequently extended via the adoption of City Council Resolution No. 9, Series of 2008, to July 28, 2009; and, WHEREAS, the subject property is described as Lots 1, 2, and 3, of the South Aspen Street Subdivision/Planned Unit Development as described on the subdivision plat thereof recorded as reception number 537080 in Book 83, Page 50, with the Pitkin County Clerk and Recorder; and, WHEREAS, pursuant to Section 26.308.010 Vested Property Rights of the Land Use Code, City Council may adopt a resolution granting an extension of vested rights after a duly noticed public hearing; and, WHEREAS, the Community Development Director has reviewed the application and has recommended approval of the extension of vested rights for the South Aspen Street Subdivision/ PUD; and, WHEREAS, the Aspen City Council has reviewed and considered the requested extension of vested rights for the South Aspen Street Subdivision/ PUD under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the extension of vested rights proposal meets or exceeds all applicable land use standards and that the approval of the extension of City Council Resolution No. 7-1 Series of 2009. Page 1 vested rights proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN, COLORADO,THAT: Section 1• The Aspen City Council does hereby extends to January 28, 2011, the statutory vested rights as approved by Ordinance No. 32, Series of 2003 for parcels 1, 2, and 3, of the South Aspen Street Subdivision/PUD, City and Townsite of Aspen for the South Aspen Street Subdivision/PUD with the following condition: 1. That the statutory vested property right shall not preclude the applications or regulations which are general in nature and are applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes, and all adopted impact fees. The developer shall abide by any and all such' building, fire, plumbing, electrical and mechanical codes, and impact fees that are in effect at the time of building permit, unless an exemption therefrom is granted in writing. Section 2• Due to the Applicant's voluntary participation in the COWOP process, and its suspension to date of the building permit process, the Applicant, in its discretion, may reactivate its building permit application at any time prior to January 28, 2011. Section 3: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 4• This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 5• If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. City Council Resolution No.11—, Series of 2009. Page 2 Section 6• A duly noticed public heating on this Resolution was held on the 9s' day of February, 2009, at 5:00 PM in the City Council Chambers, Aspen City Hall, Aspen, Colorado. FINALLY, resolved, adopted, passed, and approved by a !�-to © (---) vote on this day of , 2009. Approved as to form: John 11. Worcester, City Attorney Attest: Kathryn S. h, City Clerk Approved as to content: i Michael C. Ireland, Wyor City Council Resolution No.!?, Series of 2009. Page 3 MEMORANDUM TO: Mayor Ireland and Aspen City Council THRU: Chris Bendon, Community Development Director I ' w RE: South Aspen Street Subdivision/PUD — Extension of Vested Rights Resolution - -!I-, Series 2009. Public Hearing HEARING DATE: February 9, 2009 SUMMARY: The Applicant, Aspen Land Fund IT, requests an 18-month extension of the vested rights for an approved residential townhome project to January 28, 2011. The current vested rights are set to expire July 28, 2009. The project consists of fourteen (14) free-market residential units and seventeen (17) affordable housing units in a townhome configuration. The townhomes project was put on hold by the landowner in order to pursue a master planning process in partnership with adjacent landowners, including the City of Aspen. The Lift One Neighborhood Master Plan was the subject of a recent public process and is scheduled for a public vote in May, 2009. The request is to provide sufficient time to obtain building permits and construction financing for the townhomes project (if necessary) after the public vote on the master plan. Staff believes the criteria have been met, that the community will be served by an extension, and supports the extension request. APPLICANT /OWNER: Aspen Land Fund II, LLC. John Sarpa, Authorized Agent. REPRESENTATIVE: Sunny Vann, Vann Associates, LLC. LOCATION: West side of South Aspen Street near the base of Aspen Mountain between the Shadow Mountain Townhomes to the South and the Timberidge Condominiums and the Lift One Condominiums to the North. The legal description is included in Exhibit 2 of the Application. LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting the following land use approval: • Extension or Reinstatement of Vested Rights to extend the existing vested rights of the approved residential project to January 28, 2011, pursuant to Land Use Code Section 26.308.010 C., Extension or Reinstatement of Vested Rights. (City Council is final review authority who may approve or deny the proposal). PROJECT SUMMARY: The townhomes project was approved by Ordinance No. 32, Series 2003, which allows the applicant to develop the site with fourteen (14) free-market residential units and seventeen (17) affordable housing units. Since the approvals were granted, the landowner entered into a master planning effort with adjacent landowners, including the City of Aspen, called the Lift One Neighborhood Master Plan. The results of this planning process are expected to be voted on by the public this coming May. STAFF COMMENTS: The Applicant is requesting an extension of their vested rights for 18 months to January 28, 2011, pursuant to Section 26.308.010 C. of the City's Land Use Code. The Applicant is requesting the proposed 18-month extension of the vested rights, "to permit sufficient time following the May election in the event required to complete the building permit process, secure construction financing, and commence construction. " Not extending the vested rights may cause the landowner to proceed with the townhomes construction prior to, and potentially nullifying, a public vote on the Lift One Neighborhood Master Plan. Staff believes that the community would be served by allowing the public vote on the future of this property to proceed as planned. Staff believes the criteria of Section 26 308. 010. C have been met and that a community of interest would be served by the extension. Therefore, Staff believes that the proposed extension of vested rights should be granted. RECOMMENDATION: Staff recommends that the City Council approve the requested extension of vested property rights and establish an expiration date of January 28, 2011, for the South Aspen Subdivision/PUD with the following condition: That the statutory vested property right shall not preclude the applications or regulations which are general in nature and are applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes, and all adopted impact fees. The developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, and impact fees that are in effect at the time of building permit, unless an exemption therefrom is granted in writing. RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "I move to approve Resolution No.cL, Series of 2009, approving with a condition, an 18- month extension of vested property rights for the South Aspen Subdivision/PUD. The new expiration date will be January 28, 201 L" CITY MANAGER'S COMMENTS: ATTACHMENTS: Proposed Resolution No. �L Series of 2009. Exhibit A —Application VANN ASSOCIATES, LLC Planning Consultants January 23, 2009 HAND DELIVERED Mr. Chris Bendon Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 RECEIVE JAN 2 3 2ggg cl r-y aF y�MMUNITY pE ESo M V Re: South Aspen Street Subdivision/PUD Vested Rights Extension Dear Chris: Please consider this letter an application to extend the vested rights for the South Aspen Street Subdivision/PUD, a free market residential/affordable housing project which has been approved for development on three parcels of land located on the west side of South Aspen Street near the base of Aspen Mountain (see Exhibit 1, Pre - Application Conference Summary, attached hereto). The application is submitted pursuant to Section 26.308.010.C. of the Aspen Land Use Regulations by the owner of the property, Aspen Land Fund II, LLC (hereinaf- ter "Applicant"), a Colorado limited liability company (see Exhibit 2, Title Commit- ment). Permission for Vann Associates, LLC, to represent the Applicant is attached as Exhibit 3. A land use application form, application fee agreement, and a list of property owners located within three hundred feet of the project site are attached as Exhibits 4, 5 and 6, respectively. Final PUD approval was granted by the City Council on July 28, 2003 pursuant to Ordinance No. 32, Series of 2003 (see Exhibit 7). As a consequence of several prior extensions granted by City Council, the approval is currently vested until July 28, 2009. The most recent extension, which was approved pursuant to Resolution No. 9, Series of 2008, also stayed the processing of the project's building permit application for the duration of the vested rights period (see Exhibit 8). The original vested rights extensions were granted to accommodate the City's review of an alternative project for the property while the most recent extension was granted to permit the Applicant's participation in the Lift One Neighborhood Master Plan COWOP process. The Lift One COWOP task force completed its work and forward- 230 East Hopkins Ave. • Aspen, Colorado 81611 • 97Ul925-6958 • Fax 970/920-9310 Mr. Chris Bendon January 23, 2009 Page 2 ed its recommendation to the City Council on October 2, 2008. On January 14, 2009, a motion to approve Ordinance No. 34, Series of 2008, granting approval to the Lift One Neighborhood Master Plan and granting all required land use approvals with respect thereto, resulted in a 2 to 2 tie vote. A subsequent motion to refer the project to the Aspen electorate passed 3 to 1. A ballot question is now scheduled for the May 2009 general election. Inasmuch as the future of the Lift One Neighborhood Master Plan will not be known until the electorate votes in May, an additional extension of the July 28, 2009 expiration date of the Applicant's South Aspen Street Subdivision/PUD's vested rights will be required. The Council acknowledged the necessity of the extension at its January 14 meeting. An eighteen month extension is requested to permit sufficient time following the May election in the event required to complete the building permit process, secure construction financing, and commence construction. If approved, the new deadline for the expiration of the residential project's vested rights would be January 28, 2011. Pursuant to Section 26.308.010.C. of the Regulations, the City Council may by resolution at a public hearing approve an extension of vested rights. The specific review criteria which the Council shall consider, and the Applicant's response thereto, are summarized below. 1. The applicant's compliance with any conditions requiring performance prior to the date of application for extension or reinstatement. Section 2 of Ordinance No. 32, Series of 2003, requires the Applicant to record a final PUD development plan, a PUD agreement, and a subdivision plat memorializing the South Aspen Street Subdivision/PUD's development approval. All of these instruments were recorded on April 25, 2007. 2. The progress made in pursuing the project to date including the effort to obtain any other permits, including a building permit, and the expendi- tures made by the applicant in pursuing the project. The City's review of the building permit application for the project was in progress when it was allowed to become dormant pursuant to Resolution No. 9, Series of 2008, to permit the Applicant's participation in the Lift One COWOP process. The Applicant, however, was permitted to reactivate the permit application at any time prior to the July 28, 2009 vested rights expira- tion date. Mr. Chris Bendon January 23, 2009 Page 3 Prior to the Resolution's adoption, the Applicant made diligent efforts to obtain the requisite building permits for the project. These efforts included, inter alia, the preparation and recording of all necessary PUD documentation, the development of final architectural and engineering plans and specifications, additional environmental testing and monitoring, the demolition of the Mine Dump Apartments, and the submittal of various building permit applications and related materials to the City's Building Department. Aggregate expenditures made by the Applicant in connection therewith pursu- ing the project are in the range of $3,000,000. 3. The nature and extent of any benefits already received by the City as a result of the project approval such as impact fees or land dedications. Permit and impact fees paid to date by the Applicant to the City in connection with the project amount to approximately $270,000. 4. The needs of the City and the applicant that would be served by the approval of the extension or reinstatement request. No community benefit would result by requiring the Applicant to obtain a building permit and commence construction of the residential project when the preferred alternative is a new mutually acceptable hotel. Both the City and the Applicant would best be served by the granting of the requested extension of the residential project's vested rights. An extension will accommodate the electorate's vote on the project in May of this year without unnecessarily burdening both the Applicant and the City with the continued processing of the residential project's building permit applica- tion. Given the Applicant's voluntary participation in the COWOP process, and its suspension to date of the building permit process, fundamental fairness also supports the requested extension. The Applicant, in its sole discretion, however, may reinstate its building permit process at any time prior to January 28, 2011. Should you have any questions, or require additional information, please do not hesitate to call. Mr. Chris Bendon January 23, 2009 Page 4 Your scheduling of this application for consideration by the City Council at its February 9, 2009 meeting would be sincerely appreciated. Yours truly, VANN ASSOCIATES, LLC CP Attachments cc: John Sarpa Arthur C. Daily, Esq. d:\oldc\bus\city.app\app45303.ext CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Jennifer Phelan, 429-2759 DATE: 1.13.2009 PROJECT: South Aspen Street PUD, Vested Rights Extension REPRESENTATIVE: Sunny Vann l DESCRIPTION: The prospective applicant would like to extend the vested rights that were originally granted to the South Aspen Street PUD in Ordinance No. 32, Series of 2003.The applicant has extended the vested rights in previous applications in conjunction with the Lift One master plan that is currently being considered by the City Council. The Applicant has indicated a desire to extend the vested rights to provide additional time for the building department to complete its building permit review. Relevant Land Use Code Section(s): 26.304 Common Development Review Procedures 26.308.010 C. Extension or Reinstatement of Vested Rights hftp://www.aspenpitkin.conVdepts/38/citycode.cfm Review By: -Staff for complete application and recommendation. City Council for final decision. Public Hearing: Yes at City Council Planning Fees: $1,470.00 Deposit for 6 hours of staff time (additional staff time required is billed at $245 per hour) associated with applicant initiated zoning of subject property Total Deposit: $1,470.00 Total Number of Application Copies: 10 Copies To apply, submit the following information ❑ Proof of ownership with payment. ❑ Signed fee agreement and deposit ❑ Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. ❑ 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. ❑ 10 Copies of the complete application packet and maps. ❑ An 8112" by 11" vicinity map locating the parcel within the City of Aspen. ❑ A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. List of adjacent property owners within 300' for public hearing ❑ Copies of prior approvals. ❑ Applications shall be provided in paper format (number of copies noted above) as well as the text only on either of the following digital formats. Compact Disk (CD) -preferred, Zip Disk or Floppy Disk. Microsoft Word format is preferred. Text format easily convertible to Word is acceptable. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. EXHIBIT w � 2 ALTA Commitment For Title Insurance American Land Title Association (1%6) AUTHORIZED AGENT: PITKIN COUNTY TITLE, INC. 601 E. HOPKINS AVE. 310FLOOR ASPEN, COLORADO 81611 970-925-1766-PHONE 970-925-6527-FAX 877-217-3158-TOLL FREE E-MAIL ADDRESS: TITLE MATTERS: CLOSING MATTERS: Vince Higens-vince@sopris.net TJ Davis-gd@sopris.net Priscilla Prohl-priscilla@sopris.net Joy Higens-joy@sopris.net Brandi Jepson-brandi@sopris.net (Closing & Title Assistance) Home Office: 101 Gateway Centre Parkway, Gateway One Richmond Virginia 23235-5153 1-800-446-7086 B 1004-268 COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: March 6, 2006 at 8:00 AM 2. Policy or Policies to be issued: (a) ALTA Owner's Policy -Form 1992 Proposed Insured: (b) ALTA Loan Policy -Form 1992 Proposed Insured: (c) ALTA Loan Policy -Form 1992 Proposed Insured: Case No. PCT15438PR2 Amount$ 0.00 Premium$ 0.00 Rate: Amount$ 0.00 Premium$ 0.00 Rate: Amount$ Premium$ Rate: 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: ASPEN LAND FUND 11 LLC, A COLORADO LIMITED LIABILITY COMPANY 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: See Attached Exhibit "A" MTCN COUNTY TITLE, INC 601 E. HOPMNS, ASPEN, CO. 81611 970-925-1766 Phom/970-925 6527I" 877-217-3158 Toll Free AUTHORIZED AGENT Countersigned: �i Schedule A-PG.1 This Commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. EXHIBIT "A" LEGAL DESCRIPTION PARCELI: Block 6, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN, more particularly described as follows: Beginning at a point which is the intersection of the Easterly right of way line of Garmisch Street and the Southerly right of way line of Dean Avenue, from whence the Northeast Comer of Section 13, Township 10 South, Range 85 West of the 6th P.M., bears N 53"20'28" East 814.56 feet; thence along the Southerly right of way line of Dean Avenue S 75*09'11" E 330 feet to the Westerly right of way line of Aspen Street; thence along said right of way line of Aspen Street S 14"50'49" W 130 feet to the Northerly right of way line of Juan Street; thence along said right of way line of Juan Street N 75*09'11" W 330 feet to the Easterly right of way line of Garmisch Street; thence along said right of way line of Garmisch Street N 14'50'49" E 130 feet to the point of beginning. EXCEPTING therefrom: The portion described in Book 232 at Page 362. The above parcel is also described as follows: Beginning at a point which is the intersection of the Eastedy right-of-way line of Garmisch Street and the Southerly right-of-way line of Dean Avenue, from whence the Northeast comer of Section 13, Township 10 South, Range 85 West of the Sixth Principal Meridian bears N 53'2028" E 814.56 feet, more or less; thence along the Southedy right-of-way line of Dean Avenue S 75'09*11" E 330 fee, more or less, to the Westerly right-of-way line of Aspen Street; thence along said right-of-way line of Aspen Street S 14°50'49" W 130 feet, more or less to the Northerly right-of-way line of Juan Street; thence along said right-of-way line of Juan Street N 75009'11" W 298.20 feet, to the Southeasterly comer of that parcel of land described in Book 232 at Page 362; thence N 40'21'11" W along the Northeasterly line of said parcel, a distance of 38.73 feet to the Northeasterly right-of-way line of Garmisch Street; thence along said right-of-way line of Garmisch Street N 14"50'49" E 107.90 feet, more or less, to the point of beginning. SAID PARCEL OF LAND ALSO BEING DESCRIBED AS FOLLOWS: Block 6, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN, more particularly described as follows: Beginning at a point which is the intersection of the Easterly right of way line of Garmisch Street and the Southerly right of way line of Dean Avenue, from whence the Northeast Comer of Section 13, Township 10 South, Range 85 West of the 6th Principal Meridian., bears N 53"20'28" East 814.56 feet more or less; thence along the Southerly right of way line of Dean Avenue S 75'09'11" E 330 feet, more or less to the Westerly right of way line of Aspen Street; thence along said right of way line of Aspen Street S 14"50'49" W 130 feet, more or less to the Northerly right of way line of Juan Street; thence along said right of way line of Juan Street N 75*09'11" W 330 feet, more or less to the Easterly right of way line of Garmisch Street; thence along said right of way line of Garmisch Street N 14"50'49" E 130 feet, more or less to the point of beginning. EXCEPTING therefrom: That parcel of land described in Book 232 at Page 362 in the records of the Clerk and Recorder of Pitkin County, Colorado. Said Parcel 1 is also described as follows: Beginning at a point which is the intersection of the Easterly right-of-way line of Garmisch Street and the Southerly right-of-way line of Dean Avenue, from whence the Northeast comer of Section 13, Township 10 South, Range 85 West of the Sixth Principal Meridian bears N 53"20'28" E 814.56 feet, more or less; thence along the Southerly right-of-way line of Dean Avenue S 75*09'11" E 330 fee, more or less, to the Westerly right-of-way line of Aspen Street; thence along said right-of-way line of Aspen Street S 14"50'49" W 130 feet, more or less to the Northerly right-of-way line of Juan Street; thence along said right-of-way line of Juan Street N 7500911" W 298.20 feet, to the Southeasterly comer of that parcel of land described in Book 232 at Page 362; thence N 40'21'11" W along the Northeasterly line of said parcel, a distance of 38.73 feet to the Northeasterly right-of-way line of Garmisch Street; thence along said right-of-way line of Garmisch Street N 14"50'49" E 107.90 feet, more or less, to the point of beginning. PARCEL2: That portion of the Northeast one -quarter of the Northeast one -quarter (Lot 1) of Section 13, Township 10 South, Range 85 West of the 6th P.M., described as follows: Beginning at the Northeast Comer of Lot 13, Block 11, Eames Addition; thence N 75*09'11" W 181.25 feet; thence S 14"50'49" W 78.00 feet; thence S 03055'43" W 164.99 feet; thence S 75`09'11" E 150.00 feet; thence N 14"50'49" E 240.00 feet to the point of beginning. ALSO KNOWN AS Lots 13, 14, 15, 16, 17, 18, 19 and 20, Block 11, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN, and a tract of land being part of Lot 1 of Section 13, Township 10 South, Range 85 West of the 6th P.M., described as follows: Beginning at the Northwesterly comer of Lot 13, Block 11, Eames Addition; thence S 14050'49" W 240.00 feet along the Westerly line of said Block 11 to the Southwesterly comer of Lot 20, Block 11, Eames Addition; thence N 03"55'43" E 164.99 feet; thence N 14"50'49" E 78.00 feet; thence S 75'09'11" E 31.25 feet to the point of beginning. G1N17 Lots 7, 8, 9, 10, 11 and 12, Block 11, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN, more fully described as follows: Beginning at the Northwesterly corner of said Lot 7; thence S 75"09'11" E 180.00 feet along the Northerly boundary line of said Block 11; thence S 14"50'49" W 100.00 feet along the Easterly boundary line of said Block 11; thence N 75*09'11" W 180.00 feet along the Southerly boundary line of said Lots 7-12 to the Southwesterly comer of said Lot 7; thence N 14"50'49" E 100.00 feet along the Westerly boundary line of said Lot 7 to the point of beginning. SAID PARCEL OF LAND ALSO BEING DESCRIBED AS FOLLOWS: Beginning at the Southwest comer of said Lot 7, a rebar and cap PLS # 29030, from which a rebar and cap PLS # 2547 bears N 55" E a distance of 0.7 feet; thence N 14"50'49" E along the westerly line of said Lot 7, a distance of 100.00 feet to the Northwest comer of said Lot 7, also being at the Southerly right-of-way of Juan Street in the City of Aspen, a rebar and cap PLS # 2547; thence S 75009'11" E along the Northerly line of said Block 11, also being the Southerly right-of-way line of said Juan Street a distance of 180.00 feet to the Northeast comer of said Block 11, a rebar and rap PLS # 29030; thence S 14"50'49" W along the Easterly line of said Block 11, also being the Westerly right-of-way of Aspen Street in the City of Aspen a distance of 100.00 feet to the Southeast comer of said Lot 12, a rebar and cap PLS # 29030; thence N 75'09'11" W along the Southedy line of said Lots 7,8,9,10,11 and 12 a distance of 180.00 feet to the point of beginning. AND The vacated alley situated in Block 11, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN. W� EXHIBIT 9 January 14, 2009 Mr. Chris Bendon, Director Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Permission to Represent Dear Mr. Bendon: Please consider this letter authorization for Sunny Vann of Vann Associates, LLC, Planning Consultants, to represent us in the processing of our application to extend the vested rights period for the South Aspen Street Subdivision/PUD. Mr. Vann is hereby authorized to act on our behalf with respect to all matters reasonably pertaining to the aforementioned application. Should you have any questions, or if we can be of any further assistance, please do not hesitate to call. Yours truly, ASPEN LAND FUND, LLC a Colorado limited liability company c:\oldc\bus\city.ltr\ltr45303.cb4 EXHIBIT LAND USE APPLICATION APPLICANT: Name:J/'�V 4:;-+yn;'�U�C// GGG Location: where Parcel ID # REPRESENTATIVE: Name: V4A&1 GLL>✓ Address: 23o E h��Y�`r/.�sS_S/1, Ga 8/l// Phone #: PROJECT: Name: `jdL�iti��y �—�✓ Address: p Phone #:—G 3 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 Eq" Other: ❑ Lot Line Adjustment ❑ Text/Map Amendment V45�451--1 /ViC '5 PROPOSAL: (description of Havy you attached the following? FEES DUE: S APe-Application Conference Summary ttachment #1, Signed Fee Agreement ❑ Response to Attachment #3, Dimensional Requirements Form �esponse to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards EXHIBIT CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and iA� 4Z::1N/7n GG C (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. v�P�LICTA�N� s subm itte t C YapQlication (hereinafter, THE PROJECT). GJ:7 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 e[��l�nnination of application completeness, APPLICANT shall pay an initial deposit in the amount of V. 07ewhich is for G hours of Community Development staff time, and if actual recor edd 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 $220.00 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 By: Chris Bendon Community Development Director g:\support\forms\agrpayas.doc 11/30/04 Billing Address and Telephone Number: Required AA p Cjy�'GJ ��G a Easy Peel Labels i See Instruction Sheet i Use Avery® TEMPLATE 51600 ® 1Fe-+Paper for Easy Peel Featurei f "T�� EX//HIBIT 124 E DURAOGAN WAVENUE LLC 205 EAST DURANT I LLC 603 SOUTH GA C/O W FRAN IS 117 N MONARCH ST #01 603 S GARMISC AS W , CO 8 S ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 ALYEMENI MOHAMMED & ALICE APRIL FAMILY TRUST 1/4 INT ASPEN KABINN LLC 3109 OAKMONT DR 3501 S 154TH ST CIO NIKE COMM/NINA KAMINER STATESVILLE, NC 28625 WICHITA, KS 67232-9426 75 BROAD ST RM 500 NEW YORK, NY 10004-2415 ASPEN SKIING COMPANY LLC BARBEE MARY K LIV TRUST BASMA AKRAM & NADA PO BOX 1248 625 SKYLINE DR 6318 23RD ST NW ASPEN, CO 81612 CODY, WY 82414 BOCA RATON, FL 33434 BERHORST JERRY BERHORST CAROLE BIE IEL ALEXANDER L &LEE M ELL LE AV 7161 LINDENMERE DR MILL VALLEY, E 94941 BLOOMFIELD HILLS, MI 48301 BLACKWELL CLARENCE A & ANNE H PO BOX 3180 ANNAPOLIS, MD 21403 BLUE LLOYD JR PLEAS ALEXA PO BOX 1569 GRAYTON BEACH, FL 32459 BRIGHT GALEN BRIGHT GALEN 205 E DURANT AVE #3D 407 S HUNTER ST #3 ASPEN, CO 81611 ASPEN, CO 81611 BRUMDER PHILIP G & ASMUTH BUSH STEVEN S ANTHONY AT QUARLES & BRADY C/O N ASPEN, 0046 HEATHER ERGO L 411 E WISCONSIN AVE STE 2500 11 MILWAUKEE, WI 53202 CAIN DOUGLAS M CAIN CONSTANCE MOFFIT TRUSTEES 1960 HUDSON ST DENVER, CO 80220 CHAPIN ANZLE TRUST 1887 STILLWATER ST ST PAUL, MN 55110-8507 BILLINGSLEY FAMILY LP 1206 N WALTON BLVD BENTONVILLE, AR 72712 BRENNAN JOHN PATRICK 31 TRAINORS LANDING ASPEN, CO 81611 BROWN JAMES R JR 195 HUDSON ST #413 NEW YORK, NY 10013 CABELL JOE C/0 CHARTHOUSE 1765 ALA MOANA BLVD HONOLULU, HI 96815 CALKINS GEORGE W CASPER MARY LYNN 105 S CHEROKEE 124 E DURANT #4 DENVER, CO 80223-1834 ASPEN, CO 81611 CHAPLIN ARLENE & WAYNE CHIATE PROPERTIES LLC 54 LAGORCE CIR 20628 ROCKCROFT DR MIAMI BEACH, FL 33141 MALIBU, CA 90265-5342 CHRISTENSEN CINDY CHU FAMILY TRUST 2/3 INT CITY OF ASPEN 109 JUAN ST LU NANCY CHAO TRUST 1/31NT ATTN FINANCE DEPT ASPEN, CO 81611 38 CORMORANT CIR 130 S GALENA ST NEWPORT BEACH, CA 92660 ASPEN, CO 81611 Etiguettes faciles A peler A Consultez la feuRle www.averycom Utilisez le gabarlt AVERY* 51600 Sens de chargement d'instnwtion 1.ann.rn.evrRv Easy Peel Labels. Use Avery® TEMPLATE 5160® ® i ♦ See Ihstruction Sheet i iFe' 'eager for Easy n E aAVRY®5160® Peel Featureif'j 1 CROW MARGERY K & PETER D CYS RICHARD L AND KAREN L CZAJKOWSKI MICHAEL 46103 HIGHWAY 6 & 24 5301 CHAMBERLIN AVE CZAJKOWSKI SANDRA J GLENWOOD SPRINGS, CO 81601 CHEVY CHASE, MD 20815 90 LA SALLE ST APT 16G NEW YORK, NY 10027 DANCING BEAR LAND LLC DAVIS CAROL L DOLINSEK JOHN PO BOX 571 7838 HILLMONT ST 619 S MONARCH ST ASPEN, CO 81612 HOUSTON, TX 77040-6108 ASPEN, CO 81611 DONCER ASPEN LP DUNN STEVEN G EAST JAMES COLLIER TRUSTEE 7641 W 123RD PL 107 JUAN ST 5800 R ST PALOS HEIGHTS, IL 60463 ASPEN, CO 81611 LITTLE ROCK, AR 72207 ELDER TRUST ELDER JERRY TRUSTEE PO BOX 308 LA JOLLA, CA 92038-0308 ETKIN DOUGLAS M & JUDITH G 701 S MONARCH ST #2 ASPEN, CO 81611 ELLIS JAMES BYRON 17 1/2 FLEET ST MARINA DEL REY, CA 90292 ELLIS PAUL DAVID 100 E DEAN ST #2F ASPEN, CO 81611 EVANS DAVID COURTNEY FALL CREEK CONSTRUCTION LLC PO BOX 952 PO BOX 10420 ASPEN, CO 81612 ASPEN, CO 81612 FARR BRUCE K & GAIL H FAULKNER JOHN L PO BOX 4844 2433 ROCKINGHAM ST ANNAPOLIS, MD 21403 ARLINGTON, VA 22207 FLETCHER JAY R PO BOX 3476 ASPEN, CO 81612 GARMISCH LLC C/O MIE PROPERTIES 2560 LORD BALTIMORE DR WINDSOR MILL, MD 21244 GINSBURG ANNE C & ROBERT B 7933 YORKSHIRE CT BOCA RATON, FL 33496-1323 FREIRICH MARK A PO BOX 774056 STEAMBOAT SPRINGS, CO 80477 GILBERT DONALD C 2004 TRUST 67 TURTLE BACK RD S NEW CANAAN, CT 06840 GLICKMAN EDWIN C 2322 LAZY 0 RD SNOWMASS, CO 81654 GREGORY NEIL MARTIN & LYNETTE GREINER JERRY M 1801 PITTWATER RD GREINER TERESA U MONA VALE NSW 2103 330 BICKLEY RD AUSTRALIA, GLENSIDE, PA 19038 FELDMAN SELMA 300 S POINTE DR APT 2403 MIAMI BEACH, FL 33139-7329 FRIEDKIN THOMAS H & SUSAN J PO BOX 4718 HOUSTON, TX 77210-4718 GILLESPIE JOHN E REV TRUST 775 GULFSHORE DR #4219 DESTIN, FL 32541 GOLDSMITH ADAM D SMITH RONA K PO BOX 9069 ASPEN, CO 81612 GROOS NICHOLAS D 210 N INDUSTRIAL PARK RD HASTINGS, MI 49058 ttiquettes faciles 6 peter ♦. Consultez la feuille www.avery.com Easy Peel Labels L4 i ♦ See Instruction Sheet i- __...1 ry® Use AveTEMPLATE 51600 ® iFe-'Paper for Easy Peel Featurei C �� �AVERIf®st60® i HANG TEN ADVENTURE HARRIS NORMAN LINDSAY JR HARVEY JEFFREY & NANCY 809 S ASPEN ST #2 100 E DEAN ST UNIT 1 E 711 S DEARBORN ST - #507 ASPEN, CO 81611 ASPEN, CO 81611 CHICAGO, IL 60605 HATCHER HUGH S 205 E DURANT AVE APT 2E ASPEN, CO 81611 HEIM WILLIAM D 124 E DURANT AVE APT 1 ASPEN, CO 81611-1769 HEIMANN GEORGE R 100 E DEAN ST #2E ASPEN, CO 81611-1967 HENRY WAYNE SCOTT HILL EUGENE D III & JOAN L. TRUST HINES TOM & CAROLYN PO BOX 2383 3 AVALON AVE P 0 BOX 129 21 TRAINORS LNDG GRAPEVINE, TX 76099 PRIDES CROSSING, MA 01965 ASPEN, CO 81611-1652 HOLLY TREE INVESTMENTS LLC HORTON KAREN JANE TRUST HOTEL DURANT 4823 HOLLY TREE DR 588 S PONTIAC WAY 122 E DURANT DALLAS,TX 75287 DENVER,CO 80224 ASPEN, CO 81611 IAVARONE GIANFRANCO & RITA ICAHN LIBA IMHOF FAMILY TRUST 341 ORIENTA AVE PO BOX 11137 2409 GREEN ST MAMORONECK, NY 10543 ASPEN, CO 81612-9627 SAN FRANCISCO, CA 94123 IMREM SUE GORDON TRUSTEE J&E HANSEN LLC C/O EDWARD HANSEN JAMES FAMILY TRUST 1/4 INT 219 E LAKE SHORE DR #5D 255 AVE 1 CASTLEWOOD CT CHI CHICAGO, IL 60611 PALMM BEACH, FL 33480 NASHVILLE, TN 37215-4617 JOHNSON KERRI & DEREK JOHNSTON MARGARET S 9.87% JUAN STREET HOA 117 JUAN ST #1 30 DEXTER ST 119 JUAN ST ASPEN, CO 81611 DENVER, CO 80220 ASPEN, CO 81611 KABERT INDUSTRIES INC KAPLAN BARBARA KAUFMAN STEVEN PO BOX 6270 3076 EDGEWOOD RD 0554 ESCALANTE VILLA PARK, IL 60181 PEPPER PIKE, OH 44124 CARBONDALE, CO 81623 KINGSBURY FAMILY TRUST KLINDWORTH J TODD & HEATHER KUHLMAN JEFFREY W & CARI D PO BOX 198 PO BOX 25318 48 TRAINORS LANDING RD HOLDERNESS, NH 03245 ST CROIX, VI 00824 ASPEN, CO 81611 KULLGREN NANCY A LACY ROANE M JR LARKIN THOMAS J & MARYANN K 205 E DURANT AVE UNIT 2-C PO BOX 367 1 SHELDRAKE LN ASPEN, CO 81611 WACO, TX 76703-0367 PALM BEACH GARDENS, FL 33418-6820 Etiquettes fables 3 peler ♦ Consultez la feuille www.averycom Utilisez Ie nabarit AVERYO %14;nO Sens de charaement d :..n.....:.... ,_omr_n_wvenv Easy Peel Labels i A See Ihstructibn Sheet i Use Avery® TEMPLATE 51600 1Fw^' Paper for Easy Peel feature LEONARD-PECK SHEILA KATHRYN LEVY HELEN JOAN TRUST RR 1 PO BOX 375-P 421 WARW ICK RD VINEYARD HAVEN, MA 02568 KENILWORTH, IL 60043-1145 LIBMAN KENNETH J LIFT ONE CONDOMINIUM ASSOC 800 S MONARCH ST #2 131 E DURANT AVE ASPEN, CO 81611 ASPEN, CO 81611 LOCHHEAD RAYMOND R & EMILIE M 200 SHERWOOD RD PASO ROBLES, CA 93446 MACGREGOR ROBERT DUNCAN 710 E DURANT AVE STE W 6 ASPEN, CO 81611-2070 MANDICH ROBERT M 100 DEAN ST #3F ASPEN, CO 81611 MCCONNELL THOMAS W & KAY L 3814 OAKHILLS BLOOMFIELD HILLS, MI 48301 LUNDHOLM KERSTIN M 115 JUAN ST ASPEN, CO 81611 MACHUCA EDGAR F 11 TRAINORS LANDING ASPEN, CO 81611 MARK KENNETH A 200 PANTIGO RD EAST HAMPTON, NY 11937 MCKENZIE BART B & PAIGE PARAVANO 4840 30TH ST NORTH ARLINGTON, VA 22207-2716 SAVEWOstsoO 1 LEVY HYMAN & GAIL PO BOX 1365 BOCA RATON, FL 33429-1365 LIFT ONE LLC 72.40% 24 LINDENWOOD LN LITTLETON, CO 80127 MACDONALD KENNETH HUGH REV TRUST 44 W HANNUM SAGINAW, MI 48602 MAGES LAWRENCE M & MARY K 84% 216 LINDEN AVE WILMETTE, IL 60091 MCCARTNEY BRENDA DAHL 113 JUAN ST ASPEN, CO 81611 MCNAMARA CHRISTIANE J TRST PO BOX 1053 ASPEN, CO 81612 MENDEL M MARK MONIGLE ETHEL M MOORE JOHN W 50% MENDEL GRACE A - JT TENANTS 803 S GARFIELD ST 10426 WHITEBRIDGE LN 1620 LOCUST ST DENVER, CO 80209 ST LOUIS, MO 63141 PHILADELPHIA, PA 19103 MORGAN MICHAEL L MULKEY DAVID A DR MURRAY DENIS 115 JUAN ST TRUSTEE 2860 AUGUSTA DR PO BOX 3770 ASPEN, CO 81611 LAS VEGAS, NV 89109 ASPEN, CO 81612 NOBLE GUY T PO BOX 9344 ASPEN, CO 81612 OLSON PAUL S & DIANE C PO BOX 2936 BRECKENRIDGE, CO 80424 NOREN LARA L & STEPHEN C 11211 FONTHILL DR INDIANAPOLIS, IN 46236-8630 ONEAL PROPERTIES LLC 8100 E CAMELBACK RD #31 SCOTTSDALE, AZ 85251-2773 NORTH LAUDERDALE PETROLEUM LLC 6318 23RD ST NW BOCA RATON. FL 33434 ONEILL ROGER PO BOX 711 LAKE GENEVA, WI 53147-3579 Efipuettes fables 6 er Pel Consukez la feuille wwwsverycom u+:::re.:e :..� eveev® c<cn* Sen< rla rhamemanf 4 enn_cn_wveev Easy Peel Labels Ca 1 ♦ See Ihstruction Sheet i Use Avery® TEMPLATE 51NO rr'tFer+.Paper for Easy Peel Featurei 1 �� PASCO PROP LLC �AVERY0516o® 1 SMITH PATRICK A PIECE OF THE PIE LLC PINES LODGE CONDO ASSOC 360 SOUTHFIELD RD PO BOX 2492 152 E DURANT AVE BIRMINGHAM, MI 48009 ASPEN, CO 81611 ASPEN, CO 81611 PINES LODGE DEVELOPMENT LLC 2353 IRVINE AVE NEWPORT BEACH, CA 92660 ROARING FORK PROPERTIES C/O HOWARD A WILL JR 5055 26TH AVE ROCKFORD, IL 61109 ROSE JON E ROSE RITA L 303 MAGNOLIA LAKE DR LONGWOOD, FL 32779 RINGSBY GRAY ROARING FORK MTN LODGE ASPEN LLC PO BOX 1292 TWO CREEKS BLDG HAIKU, HI 96708 PO BOX 6237 SNOWMASS VILLAGE, CO 81615 ROBERT FAMILY TRUST 1/4 INT 771 FERST DR ATLANTA, GA 30332-0245 RUDERMAN ERIC P & MIMI E 1536 OGDEN ST DENVER, CO 80218-1406 ROBLES ENRIQUE ALVAREZ ALVAREZ CRISTINA MONTES URALES 350 LOMAS CHAPULTEPEC MEXICO OF MEXICO, 11000 RYAN ELIZABETH H 1/2 INT COPE G RICHARD & NANCY M 112 INT 419 WINNEBAGO DR JANESVILLE, WI 53545 S C J AND SON INC SCHAINUCK LEWIS I & MICHELLE T SCHAPIRO MARC & PATRICIA 1525 TAX DEPT EPT 412 412 2900 OCEAN BLVD 1685 TAMARAC DR RACACINE, ST CORONA DE MAR, CA 92625 GOLDEN, CO 80401 W WI 53403 SCHAYER CHARLES M III 588 S PONTIAC WAY DENVER, CO 80224 SEMRAU TIMOTHY & HEIDI ROBBIN 58 TRAINORS LANDING RD ASPEN, CO 81611 SHADOW MTN AERIE PTNRSHP LLP C/O ARTHUR J & PAMELA T WASHINGTON 21 BRIARCLIFF RD LARCHMONT, NY 10538 SHINE FAMILY LLC 8677 LOGO 7 COURT INDIANAPOLIS, IN 46219-1430 SKY BLUE LLC 27.60% 5743 CORSA AVE # 101 WESTLAKE VILLAGE, CA 91362 SCHERER ROBERT P TRUST 217 GOLDENROD AVE CORONA DEL MAR, CA 92625 SEVERY FAMILY TRUST 70.39% 1077 RACE ST APT 1004 DENVER, CO 80206-2829 SHEFFER DOUGLAS & BARBARA PO BOX 2763 BASALT. CO 81621 SILVERMAN MARC A & MARILYN L 937 DALE RD MEADOWBROOK, PA 19046 SLOAN SUSAN MARIE 500 S ORANGE AVE SARASOTA,FL 34236 SCHUMACHER JUDY M 0115 GLEN EAGLES DR ASPEN, CO 81611 SEVERY RICHARD L 9.87% 30 DEXTER ST DENVER, CO 80220 SHENK ROBERT D 290 HWY 133 CARBONDALE, CO 81623-1530 SIMON HE13BERT REV TRUST 8765 PINE RIDGE DR INDIANAPOLIS, IN 46260-1778 SM-15 SEELBACH W ILLIA - C/O 45000 S WOODLAND CHAGRIN FALLS, OH 44022 Efi uettes faciles Peler Corrsukez la feuille www.averycom I Niriens In —6..M Aucove C1Cf1® COA<ftY frtSMGmYn� J,:���...r.�� • nM �w •v�nv Easy Peel Labels Ci ♦ See Instruction Sheet i , Use Avery® TEMPLATE 51600 ® 1Fw ^'Paper for Easy Peel Featurei ®AVERIf®5160® 1 SOLONDZ TAMI S SOUTH POINT CONDO LLC SOUTH POINT CONDOMINIUM PO BOX 2829 150 N MARKET ASSOCIATION ASPEN, CO 81612 WICHITA, KS 67202 205 E DURANT AVE #2F ASPEN, CO 81611 SOUTHPOINT-SUMNER CORP 4828 FORT SUMNER DR BETHESDA, MD 20816 STANTONJAMES C/O WORLD-WIDE HOLDINGS CORP 950 THIRD AVE 18TH FL NEW YORK, NY 10022 STEINER DONALD R BUCKHEAD GRAND 3338 PEACHTREE RD #3307 ATLANTA, GA 30326 STUART FAMILY TRUST 1/4 INT 1 CASTLEWOOD CT NASHVILLE, TN 37215-4617 SPAULDING RICHARD W THOMPSON ELEANOR M PO BOX 278 CONCORD, MA 01742-0278 STAPLETON DAVID W 206 E DEAN ST #2A ASPEN, CO 81611 STONE FAMILY TRUST 1THROCKMORTONLN MILL VALLEY, CA 94941 SZYMANSKI WILLIAM R & LYNNE E 2220 E SILVER PALM RD BOCA RATON, FL 33432 TAYLOR ELAINE D TELEMARK APARTMENT 2 LLC W301 N9430 COUNTY TRUNK E C/O ANDREW HILL HARTLAND, WI 53029 20351 NE 61ST CT REDMOND, WA 98053 THREE REEDS LLC 2224 VIA SEVILLE RD NW ALBUQUERQUE, NM 87104-3096 TUCKER TIMOTHY H & PATRICIA A 809 S ASPEN ST ASPEN, CO 81611 VANDER WALL DEAN ROBERT & BEVERLY J PO BOX 189 LONE PINE, CA 93545 WOLF FAMILY TRUST 12/23/1986 1221 MYRTLE AVE SAN DIEGO, CA 92103 TOLLEFSON JON S & JOANN M 38 TRAINORS LANDING ASPEN, CO 81611 TYDEN FAMILY FARMS PTNP 1730 IROQUOIS TR HASTINGS, MI 49058 VANTONGEREN HAROLD V & LIDIA M 2000 E 12TH AVE BOX 8 DENVER, CO 80206 WOODING MERRITT B PO BOX 339 HOPE, NJ 07844 SPRING LANE INVESTMENTS LLC 8 OAK LAKE DR BARRINGTON, IL 60010-5914 STARK RENEE A 205 E DURANT AVE APT I ASPEN, CO 81611-3813 STRAWBRIDGE GEORGE JR 3801 KENNETT PKE BLDG #B-100 WILMINGTON, DE 19807 TAROCH HOLDINGS LTD C/O PATRICK D MCALLISTER PC 315 E HYMAN AVE #305 ASPEN, CO 81611-2909 TELEMARK ASPEN LLC 55 SECOND ST COLORADO SPRINGS, CO 80906 TOWNE PLACE OF ASPEN CONDO ASSOCINC C/O ASPEN LODGING COMPANY 747 S GALENA ST ASPEN, CO 81611 UHLFELDER FAMILY INVESTMENTS RLLP 210 AABC STE AA ASPEN, CO 81611 WHITE JALEH THICKMAN DAVID 152 E DURANT AVE ASPEN, CO 81611-1737 WOODSON TATJANA REV TRUST PO BOX 125 TETON VILLAGE, WY 83025 ttivuettes fadles 6 ler Pe Consukez la feuille www.averycom Utilisez le aabarit AVERY® 1;19& Sens de charaemeM a�:.,�......:.... . u..n �.....�e.. Easy Peel Labels A p See Instruction shell i' C► �AVERY®sleo® Use Ave TEMPLATE 51600 iFtr'" Pa er for EasyPeel Featurej 1 WOW LIFT ONE LLCC/O WRIGHT LISA WUGALTER JOEL 322 ELK CANYON N CI RT T PO BOX 3770 131 E DURANT AVE #209 SED ELK CANYON C8 ASPEN, CO 81612 ASPEN, CO 81611 SEDALIA, CO 80135-8573 t"quettes faciles A peler Consultez la feullle W Ww.averytom I Nifl.s :n evcov® c1 Sonc do rharnomont a.:_.......:__ . e.... 1r.....o.. AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: ,-6tiTti & aEN SC 5ub4I\n_%Iat) ,Aspen, CO SCHEDULED PUBLIC HEARING DATE: F e� Gl 17t f1�--1 e- 6.# 200C? STATE OF COLORADO ) ) ss. County of Pitkin ) 1 c X� JCo.( ein (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: ublication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twentyjsix (26) inches high, and which was composed of letters not less than one inch N height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the _ day of 200_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.0,60(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subj ect to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) d Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions that create more than one lot, Planned Unit Developments, Specially Planned Areas, and COW#Ps are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Sigdature The foregoing "Affidavit of Notice" was acknowledged before me this 26 day of 200n., by 2 5 PUBLIC NOTICE ONI FOP EXTE�ION OF VBDIVES ED WITNESS MY HAND AND OFFICIAL SEAL PUDSREQUEST RIGHTS NOTICE IS HEREBY GIV that a /ub2 hearing will be held on Monday, February 9, 2009, at ° Slid p.m. tad Haj°1.1 t My comma ion exp' es: meeting to beggin at City Cooncit Co City Courmd, consitler an ppllcatlon S. Gelane SL, Aspen, LLC representing by Venn Assoo ads , submitted of the subject Drop Aspen Land Fund LLC, 9aa arty. The applicant is requester then vestetl rights for en alp a oleo of 14 010001 Notary Pn h free-market tovmhome„ Ssobon 26r309 the .d as the = CORY J. Unit De- t,d on the ',GARSKE % he Pitkin a• number "••. don at the ATTACHMENTS AS APPLICABLE: 9ir•�•....• EPUBLICATION 'H OF THE POSTED NOTICE (SIGA9 MY Commission Exoris O W2012 i 0KMRSAND GOVERNMENTAL AGENCIES NOTICED L 3` SoFund PA o See Suty WFederate' ^ERTIFICATION OF MINERAL ESTAE OWNERS NOTICE CO.6teg11 represented by Vann Associates, LLc I) BI'C.R S. §24-65.5—I �3.3 PAspeq CO 916111 d ts, 230 East Hopkins Avenue, Mayor. Aspen CM Council blishe0 in Me Aspen Times Weekly on January 2, 2009.(28669821 11 1 ORDINANCE NO.32 (SERIES OF 2003) EXHIBIT `n AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE SOUTH ASPEN STREET SUBDIVISION/PUD AND FINAL PLANNED UNIT DEVELOPMENT PLAN INCLUDING SUBDIVISION, GROWTH MANAGEMENT QUOTA SYSTEM (GMQS) EXEMPTIONS FOR AFFORDABLE HOUSING AND RECONSTRUCTION OF A DEMOLISHED MUTA I -FAMILY BUILDING, REZONING TO L,PI'R WITH A [IUD OVEIILAY, AND A SPECIAL REVIEW TO ESTABLISII'IIIE AFFORDABLE IIOUSING PARKING REQUIREMENT'S FORTHE HE PROPER'rY TO BE DESCRIBED AS PARCELS 1, 2, AND 3, OF TnE SOUTH ASPEN STREET SUBDIVISION/PUD, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2735-131-001(Parcel 1) Parcel No. 2735- 1-14-003 (Parcel2) Parcel No. 27-131-23-001(Parcel 3) WHEREAS, the Community Development Department received an application from Aspen Land Fund IL LLC, owner, represented by Vann Associates, LLC, requesting approval of a Final Planned Unit Development Plan including requests for Subdivision, Growth Management Quota System (GMQS) Exemptions for Affordable Housing and reconstruction of a demolished multi -family building, Rezoning to LTR, and Special Review to establish the off-street parking requirements for the property described as, Parcel 1: Block 6 of the Eames Addition to the City and Townsite of Aspen, Parcel2: Lots 7-12, Block 11, Eames Addition to the City and Townsite of Aspen, Parcel 3: Lots 13-20, Block 11, Eames Addition to the City and Townsite of Aspen; and, WHEREAS, the development property consists of three (3) parcels zoned L/T'R and R-15 with a Lodge and PUD Overlay; and, WHEREAS, pursuant to Land Use Code Section 26.310, Map and Text Amendments; Section 26.445, Planned Unit Development; Section 26.470, Growth Management Quota System; Section 26.490, Subdivision; the City Council may approve, approve with conditions, or deny the land use requests made by the Applicant during a duly noticed public hearing after taking and considering comments from the general public, and recommendations from the Planning and Zoning Commission, Community Development Director, and relevant referral agencies; and, WHEREAS, the Community Development Director has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein and recommended approval with conditions; and, i ���III ��III �IIIII IIIIII I�I �I�II IIIIIII III ��IlI IIII II�) 486407 ' 0 8.49P 51.00 D 0 00 WHEREAS, during a duly noticed public hearing on June 3, 2003, the Planning and Zoning Commission approved Resolution No. 14, Series of 2003 by a three to zero (3-0) vote, recommending that City Council approve the proposal with conditions; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Planning and Zoning Commission, the Community Development Dircclor, the Aspen/Pitkin County Ilousing Aufhorily, the applicablc rcfu-ral agutcie't, and has taken and considered public ultluttutlf of a public hearing; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspcn Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City Council hereby rezones Parcel 2, and a portion of Parcel 3, of the South Aspen Street Subdivision/PUD, City and Townsite of Aspen, to UTR (Lodge/Tourist Residential) and rezoned Parcels 1, 2, and 3 of the South Aspen Street Subdivision/PUD with a Planned Unit Development (PUD) overlay. Section 2 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City Council hereby approves the South Aspen Street Final PUD Plan, which includes application for Final PUD, Subdivision, Growth Management Quota System Exemptions (GMQS) for Affordable Housing and for the reconstruction of the multi -family building to be demolished (Mine Dump Apartments), and for Special Review to establish the off- street parking requirements for the development of fourteen (14) free market town homes and seventeen (17) affordable housing units subject to the following conditions: 1. 1 A Subdivision/PUD Agreement shall be recorded at the Pitkin County Clerk and Recorder's Office within 180 days of the final approval by City Council and shall include the following: a. The information required to be included in a PUD Agreement, pursuant to Land Use Code Section 26.445.070(C). llll I I 486407010 ��III �IIII �IIIII IIIIII II I�III I��IIII iII ��III IIIII II0 5/040 0. i 49p SILVIR DRVIS PIIKIN ZOUNTY CO .0 2. A Final PUD Plan and Subdivision Plat shall be recorded at the Pitkin County Clerk and Recorder's Office within 180 days of the final approval granted by City Council and shall include: a. A foal plat meeting the requirements of the Community Development Engineer and showing easements, encroachment agreements and licenses with receplion numbers for physical improvements, and the location of ulilily pedestals. b. An illustrative site plan of the project showing the proposed improvements, landscaping (including all plantings, species, numbers, and locations), parking, and the dimensional requirements as approved. C. A drawresenting the project's architectural character. d. revised drainage plan and r rt, including an erosion control plan, shall be a Colorado licensed Civil Engineer, in w c wells will only be allowed to handle runoff from foundation drains, parking garage ramps, and roof drains. All other runoff shall be directed towards the City's storm water system. e. revised infrastru— c�indicating that all road provements shall b ned, The plan shall also indicate that there s e no super -elevated curves permitted. Juan Street and South Garmisch Street (to the extent of Parcel 1's street frontage) shall be widened to 27 feet as measured from the outer edges of the curbs. The minimum slope of Juan Street shall be .75%. 3. The following dimensional requirements of the PUD are approved and shall be printed on the Final Illustrative Plan: Dimensional Requirement Proposed Development Minimum Lot Size 6,000 sf. Lot Area Per Dwelling Unit 1,100 sf. per bedroom (81 bedrooms on 89,127 sf. of lot area that applies to density calculations) Minimum Lot Width 60 feet Front Yard Setback 10 ft. per parcel Side Yard Setback 5 ft. per parcel Rear Yard Setback 10 ft. per parcel Maximum Height 28 feet except where deed restricted Percent of Open Space 27% (cumulative over all 3parcels) II�I�IINIIIIIIIgIBINIII� e.".: 049. a. Allowable External .83:1 (73,381 sf, cumulative over all three FARparcels) AH Off -Street Parking 30 Parking Spaces (2 spaces for each dwelling unit of 2 or more bedrooms, and 1 space for each one bedroom and studio unit)(cumulative over all three parcels) Free Market Off-Slreet 28 Parking Spaces (2 spaces For each dwelling Parking unit of 2 or more hedrooms, and I space tin• each one hcdroont and slndio ❑nit)(cunudalive overall three parcels) 'rhe building permit application shall include the lbllowing: a. A copy of the final recorded Ordinance. b. The conditions of approval printed on the cover page of the building permit set. C. A completed tap permit for service with the Aspen Consolidated Sanitation District. d. A tree removal permit as required by the City Parks Department and any approval from the Parks Department Director for off - site replacement or mitigation of any removed trees. C. A detailed ventilation plan of the parking garage ventilation system prepared by an engineer that specializes in the design of ventilation and heating systems. f. A fugitive dust control plan which includes proposed construction fencing, watering of haul roads and disturbed areas, daily cleaning of adjacent paved roads, construction speed limits, and other measures necessary to prevent windblown dust from crossing the property line. 2. A letter from the primary contractor to the Community Development Director stating that the conditions of approval have been read and are understood. h. All tap fees, impacts fees, and building permit fees shall be paid prior to building permit issuance. If an alternative agreement to delay payment of the Water Tap and/or Parks Impact fee is finalized, those fees shall be payable according to the agreement. i. A State of Colorado Storm Water Management (Erosion Control) Permit because the land area of the development is over an acre. j. A PM-10 mitigation plan for review and approval by the Environmental Health Department or a cash -in -lieu payment in the amount to be calculated by the City Environmental Health lI11IIIIlIIII�II�IIIIII�IIIIIIIII��I�IIIIIIlIIIIIIIIIII 47 886403 ie -Sp --ILVIA DAVIS R 51.00. D 0 0A Director that is to be used entirely to implement PM-10 reduction methods. 5. The Applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m. on Monday thru Saturday. The Applicant shall agree That there will lie no construction material or dumpsters stored on the public rights -or -way unless a tunpora y encroachment license is granted by the City L:nginecr. In addition, the Applicant shall submit a lull set ol'amstructiou management plans as part ol'the building permit application, and the management plans shall include a noise, dust control, and construction traffic and construction parking management plan which addresses, at a minimum, the following issues: a. Defining the construction debris hauling routes and associated impacts on local streets; and, b. Construction parking mitigation, except for essential trade trucks, no other personal trucks are to be parked in the area around the site. The city encourages that site workers be shuttled in from the airport parking area. The Applicant shall complete (prior to any of the remodel work, including removal of drywall, carpet, file, etc.,) the Building Department's asbestos checklist, and if necessary, a person licensed by the State to do asbestos inspections must conduct an inspection. The Building Department cannot sign any building permits until they get this report. If there is no asbestos, the demolition can proceed. If asbestos is present, a licensed asbestos removal contractor must remove it in accordance with the applicable regulations. 8. The Applicant shall not track mud onto City streets during construction. A washed rock or other style mud rack must be installed during construction. 9. The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. The Applicant shall enter into a Water Service agreement. 10. The Applicants shall at their sole expense install a new eight (8) inch water line within South Garmisch Street and Juan Street. In addition, the Applicant shall abandon the existing six (6) inch water line that exists in South Garmisch and Juan Street. The point of beginning for the main replacement on South Garmisch Street shall be the existing valve complex (serving the Barbee PUD) north of the intersection of Dean and Garmisch. ]EI11111111119III11I 1IIIIIIIIIII 11111111►ail ?864©3 ,+a Agr This is approximately 80 feet further north of the point of beginning shown on the schematic utility plan dated June 21, 2002. 11. The Applicant shall also schedule the abandonment of the existing water taps prior to applying for new water taps. 12. The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and regulations. Ifnew sewer lines are required, then the existing service mtlst be excavated and disconnected at the main sewer line. No clear water connections (root, foundation, perimeter drains) shall be allowed to drain to ACSD lines. All improvements below glade shall require the use ol'a pumping station. The Applicant shall install an oil and sand separator in the parking garage that meets the Aspen Sanitation District's standards. In addition, the Applicant shall enter into a shared service agreement if more than one unit is served by a single service line. 13. Elevator shaft drains shall flow thru an oil and sand interceptor. 14. The Applicant shall fund proportionate costs associated with the development for the replacement of the main sanitary sewer lines located in S. Aspen Street, Dean Street, and near the Post Office. 15. The Applicant shall enter into a main line extension and collection system agreement with the Aspen Consolidated Sanitation District prior to applying for building permits for the development. 16, In the event that snowmelt is installed, the Glycol containment areas must be approved by the Aspen Consolidated Sanitation District prior to issuance of a Certificate of Occupancy on any of the units within the development. 17. The Applicant shall at their sole expense replace the existing substandard sewer line located in the alley of Block 61 between S. Garmisch and Firsl Street in First Street. 18. The Applicant shall extend the existing storm water sewers south on both S. Aspen Street and S. Garmisch Street as far as Dean Avenue. Additionally, the Applicant shall extend the existing storm sewers to the Dean Avenue/ S. Aspen Street intersection and to the Dean Avenue; S. Garmisch Street intersection. As required by the City Engineering Department, catch basins shall be installed at these intersections. 19. All landscaping in the public right-of-way shall meet the requirements as set forth in Municipal Code Chapter 21.20, Trees and Landscaping on Public Right -of -Way. Any landscaping in the public right-of-way shall be approved by the City Parks Department prior to installation. The III Illl I�lil! illlil III �IIII IIII��i III INII III IIII 486a�7.0..,e Applicant shall also obtain a revocable encroachment license from the City Engineering Department prior to installation of any landscaping or improvements in the public right-of-way. All plantings along the edge of the subject properties or within the public right-of-way shall be of a size and a species that will not require major maintenance (pruning, trimming due to over growth) by the City or the developer. 20. All exterior lighting shall meet the City of Aspen Lighting Code requirements set forth in Land Usc Code Section 26.575. I50, as may he amended from time to time. 21. The Applicant shall pay a proportional amount of the applicable school land dedication fees as determined by the City of Aspen Zoning Officer prior to building permit issuance on each of the units. 22. All affordable housing units to be constructed on Parcel 3 of the PUD shall obtain certificate of occupancies prior to the issuance of a certificate of occupancy on any of the free market units within the development. In addition, the free market units on Parcel 2 shall not be issued Certificates of Occupancy until all of the affordable housing units on Parcel 2 have received Certificates of Occupancy. The free market units on Parcel 1 shall also not be issued Certificates of Occupancy until the affordable housing units on Parcel 1 have received Certificates of Occupancy. 23. The Applicant shall convey an undivided fractional interest (one -tenth of one percent) in the ownership of the deed restricted employee housing units to the Aspen/Pitkin County Housing Authority for the purpose of complying with the Colorado Supreme Court Decision regarding rent control legislation. The deed of conveyance shall contain such terms and conditions that are mutually acceptable to the City and the Applicant. To satisfy the rent control issue, the Applicant may submit an alternative option acceptable to the City Attorney. 24. The Applicant shall indemnify and hold harmless the Aspen/Pitkin County Housing Authority and the City of Aspen from any claims, liability, fees or similar charges related to ownership in the deed restricted affordable housing units. 25. The mix of affordable housing categories shall be as follows: 2-1 Bedroom Category 1 Units 2-1 Bedroom Category 2 Units 2-3 Bedroom Category 1 Units 7-3 Bedroom Category 2 Units 4-3 Bedroom Category 3 Units 486407 08/04/ 4 / y 26. The deed restrictions on the affordable housing units on a given parcel shall be filed in conjunction with an application to condominiumize the free market units but prior to issuance of a Certificate of Occupancy on any of the units on said parcel.-. The deed restrictions shall meet the following: a. The deed restrictions on the affordable housing units shall be defined by the rental price terms in the Aspen/Pitkin County Affordable I lonsing Guidelines in affect at the time ol'Final 13t1D approval 27. The Applicant shall record a housing replacement agreement which sets forth the terms and conditions by which the replacement housing will be provided prior to demolishing the Mine Dump Apartments. 28. The most recent tenants of the Mine Dump Apartments who meet the Affordable Housing Guidelines for the proposed units shall be granted first priority through an internal lottery at the time of the initial rental of the replacement affordable housing units. 29. The Applicant shall erect signage and install pavement marking on 7uan Street that prohibits on -street parking. 30. The Applicant or their successors or assigns shall maintain the common driveway between Parcels 2 and 3. . 31. The Applicant shall install an adequate fire alarm system throughout the development as determined by the Fire Marshal. The Applicant shall also install fire sprinkler systems and fire extinguishers that meet the requirements of the Fire Marshal. The Applicant shall meet with the Fire Marshal prior to building permit issuance to review alarms and sprinkler system plans. 32. Soil nails shall not be allowed within or under the public right-of-way. 33. The Applicant shall submit financial assurance in an amount and form acceptable to the City Engineer for excavation in the public right-of-way. 34. The Applicant shall provide a form of mitigation approved by the City Engineer for increased vehicular traffic on South Aspen Street, causing a revocation of the road's 15-year pavement warranty that results from accelerated road deterioration. The Applicant shall be proportionately reimbursed by future developments that cause a substantial increase in vehicle trips on the portion of South Aspen Street that is subject to the 15- year pavement warranty. �III�INIIIiIIIII�IIIIAIhI e�r� .. 35. The Applicant shall provide a twenty-five (25) foot wide improved public access way with drive -on, slanted -face curbs and a stabilized shoulder on Dean Avenue for vehicular access into Parcel 1's affordable housing units. 36. The City Engineering Department recommends that the Applicants obtain flood insurance for the proposed units if available. 37. The Applicant shall install tree saving construction fences around (lie drip line of any trees to be saved. a. The City Forester or his/her designee must inspect this fence before any construction activities commence. b. No excavation, storage of materials, storage of construction equipment, construction backfill, foot or vehicular traffic shall be allowed within the fenced drip line. 38. A native vegetation protection fence shall be installed on the western property boundary of Parcels 1 and 2 between Parcels 1 and 2 and the Barbee Family Subdivision Property. The fence shall be installed and inspected by a City of Aspen Parks Department Representative prior to construction. There shall be no storage of construction materials, back fill, tools, or construction traffic beyond this protective fence. There also shall be no excavation or disturbance of the native area beyond this protective fence. 39. The Applicant or their successors or assigns shall maintain the Open Space on the site including the Park proposed on Parcel 1. 40. Per waste stations shall be installed in the Park. Section 3• This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5: A public hearing on the ordinance shall be held on the 28th day of July, 2003, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. �II�III�IIII�III►!IIIIII�IIII�IIIII!II�IIIIIII�II8Page: 9 464 7 20©A_a _.. ....... �.,.e vrttu.0 C..LNiY CO INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 23rd day of June, 2003. Ile cn KANCAMeTiMayor Attest: ( Kathryn S. K� h, City Clerk FINALLY, adopted, passed and approved by a vote of three to zero (3-0), this 28th day of July 2003. Attest: Kathryn S. I , City Clerk Approved as to form: John P. Wor6ester, City Attorney J.�i 4S64Q IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII WE 11111100811 :49PI SILVIP DPVIS PITKIN COUNTY C RESOLUTION NO.9 (Series of 2008) A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING AN EXTENSION OF THE VESTED RIGHTS GRANTED BY ORDINANCE NO. 32, SERIES OF 2003 FOR THE SOUTH ASPEN STREET SUBDIVISION/PUD APPROVAL, BEING A PARCEL OF LAND DESCRIBED AS PARCELS 1, 2, AND 3, OF THE SOUTH ASPEN STREET SUBDIVISION/PUD, CITY AND TOWNSITE OF ASPEN, PITIGN COUNTY, COLORADO. Parcel No. 2735-131-39-001 (Parcel 1) Parcel No. 2735-131-39-002 (Parcel 2) Parcel No. 2735-131-39-003 (Parcel 3) WHEREAS, the Community Development Department received an application from Aspen Land Fund H, LLC, represented by Sunny Vann, of Vann and Associates, requesting approval of a one (1) year extension of the vested rights granted for the South Aspen Street Subdivision/ PUD pursuant to Ordinance No. 32, Series of 2003; and, WHEREAS, City Council adopted Ordinance No. 32, Series of 2003, which approved a subdivision/PUD and awarded Vested Property Rights status for the development of fourteen (14) free-market residential units and seventeen (17) affordable housing units until July 28, 2006; and, WHEREAS, the applicant submitted the application for extension of vested property rights on March 20, 2006 before the vested rights expired, which was approved via Resolution No. 36, Series of 2006; and, WHEREAS, the applicant submitted the application for extension of vested property rights before the vested rights expired in 2007, which was approved via Resolution No. 29, Series of 2007; and, WHEREAS, pursuant to Section 26.308.010 Vested Property Rights of the Land Use Code, City Council may grant an extension of vested rights after a public hearing is held and a resolution is adopted; and, WHEREAS, the Community Development Director has reviewed the application and recommended approval of an extension of vested rights for the South Aspen Street Subdivision/ PUD; and, WHEREAS, the Aspen City Council has reviewed and considered the requested of vested rights for the South Aspen Street Subdivision/ PUD under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the extension of vested rights proposal meets or exceeds all applicable land use standards and that the approval of the extension of vested rights, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan and will allow the applicant to participate in a master planning process of the subject property and some surrounding areas; and, WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN, COLORADO,THAT: Section 1 The Aspen City Council does hereby extend the vested rights until July 28, 2009, as approved by Ordinance No. 32, Series of 2003 for parcels 1, 2, and 3, of the South Aspen Street Subdivision/PUD, City and Townsite of Aspen for the South Aspen Street Subdivsion/PUD with the following conditions: 1. That the establishment herein of a vested property right shall not preclude the application or regulations which are general in nature and are applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes, and all adopted impact fees. The developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, and impact fees that are in effect at the time of building permit, unless an exemption therefrom is granted in writing. 2. Due to the Applicant's consideration of participating in a master planning process of the subject property and certain neighboring parcels, the existing application(s) for building permit shall be considered dormant by the Chief Building Official and Section 105.3.2., Time limitation of application, of the 2003 International Building Code shall not apply until July 28, 2009. Applicant shall have the right to reactivate the building permit application at any time prior to July 28, 2009. Section 2: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3• This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue. of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4- a.r If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5- A duly noticed public hearing on this Resolution was held on the 28th day of January, 2008 at 5:00 PM in the City Council Chambers, Aspen City Hall, Aspen, Colorado. FINALLY, adopted, passed, and approved by a 5 to 0 vote on this 28 h day of January 2008. Approved as to form: Approved as to content: Attest: Wo cester, City Attorney Michael `r6ch, City Clerk Exhibit A Legal description of parcels 1, 2, and 3 P71 EXHIBIT "A" LEGAL DESCRIPTION PARCEL 1: Block 6, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN, more particularly described as follows: Becirnirg at a point which is the intersection of the Easterly right of way line of Gammisch Street and the Southerly right of way line of Dean Avenue, from whence the Northeast Comer of Section 13, Township 10 South, Range 85 West of the 6th P.M.. gears N 53'20'28" East 814.56 feel; therce aicrg the Southerly right of way fine of Dean Avenue S 75*09'11" E 330 feet to the Westerly right of way line of Aspen then -;a along said right of way fine of Aspen Street S 14'50'49" W 130 feet to the Northerly right of way fine of Juan Street; t;.eecee aiorg said right of way tine of Juan Street N 75*09'11" W 330 feet to the Easterly right of way fine of Gamisch Street; thence along said right of way tine of Garmisch Street N 14'50'49" E 130 feet to the point cf beginning. EXCEPTING therefrom: The portion described in Bock 232 at Page 362 The above_ carrel is also described as follows: Beginning at 3 Point which is the intersection of the Easterly right-of-way fine of Gamisch Street and the Southerly rig.: -of -way line of Dean Avenue, from whence the Nor' comer of Section 13, Toavnshio 10 South, Range 85 West of the Si- h Principal Meridian bears N 53'2C'28" E 814.56 feet, more or less; thence along the Southerly right-of-way lire of Dean Avenue S 75'D9'11' E 330 fee, more or less, to the Westerly right-of-way line of Aspen Street•, thence along said right-of-way line of Aspen Street S 14'50'49" W 130 feet, more or less to the Northerly right-of-way fine of Juan Staet; Cher ca along said right-cf-way line of Juan Street N 75'09'11" W 298.20 feet, to the Southeasterly comer of that parcel of lard J=_sc^:bed it 3:ok 232 at Page 362, the.. s N 40"21'11" W along the Northeasterly lire of said parcel, a distance of 33.73 feet to the Northeasterly right-of-way fine of �arnisch Stzet thence- along said fight -of -way fine of Gamisch Street N ? 4'50'49" E 107.90 feet, more or less, to the point of beginning. SAID PARCEL OF LAND ALSO BEING DESCRIBED AS FOLLOWS: Block - E--.MES ADDITION TO THE CITY AND TOWNSITE OF ASPEN, more par5ru:ady described as follows: Beginning at a point, which is the intersection of `,'ne Easterly right of way fine of Gamisch Street and the Southerly right of way tine of Dean Avenue, from whence the Norgee-ast Comer of Section 13, Township 10 South, Range 85 West of the 6th Princical Meridian., bears N 53'20'28" East 314.55 f>-et more or less; thence along the Southedy right of way line of De_❑ Avenue S 75'09'11' E 330 feet, more or less to the Westerly right of wav line of Aspen Street; the.,ce along said right of way line of Aspen Sleet S 1465049" W 130 feet, more or less to the Northerly right of way line of Juan Street, thence along said right of way line of Juan Street N 75* 09'11" W 330 feet, more or less to the Easterly right of way fine of Gamisch Street - thence along said right of way line of Gamisch Street N 14'50'49" E 130 feet, more or less to the point of beginning. EXCEPTING therefrom: That parcel of land described in Book 232 at Page 362 in the records of the Clerk and Recorder of PRkin County, Colorado. Said Parcel 1 is also described as follows: Beginning at a point which is the intersection of the Easterly right-of-way tine of Gamisch Street and the Southerly P72 right-of-way line of Dean Avenue, from whence the Northeast comer of Section 13, Township 10 South, Range 85 West of the Sixth Principal Meridian bears N 53'20'28" E 814.56 feet, more or less; thence along the Southerly right-of-way line of Dean Avenue S 75*09'11" E 330 fee, more or less, to the Westerly right-of-way line of Aspen Street: thence along said right-of-way fine of Aspen Street S 14'50'49" W 130 feet, more or less to the Northerly right-of-way line of Juan Street thence along said right-of-way line of Juan Street N 75*09'11" W 298.20 feet, to the Southeasterly comer of that parcel of land described in Book 232 at Page 362; t,':ence N 40*21'11' W along the Northeasterly line of said parcel, a distance of 38.73 feet to the Northeasterly right-of-way line of Gamisch Street; thence along said right-of-way line of Gamisch Street N 14'50'49" E 107.90 feet, more or less, to the point of beginning. PARCEL2: That portion of the Northeast one-quartar of the Northeast one -quarter (Lot 1) of Section 13, Township 10 South. Range 35 West of the 6th P.M., described as follows: Beginning at the Northeast Comer of Lot 13, Block 11, Eames Addition; thence N 7 5'09'11" W 181.25 feet thence S 14'50'49" W 78.00 feet: thence S 03*5643" W 164.99 feet; thence S 75'0911" E 150.00 feet; thence N 14'50'49" E 240.00 feet to the point of beginning. Lots 13. 14, 15, 16, 17, 13, 19 and 20, Block 11, EAMES ADUTiON TO THE CITY AND TOWNSiTE OF ASPEN, and a tract of land being part of Lot 1 of Section 13, Township 10 South, Range 85 West of the 6th P.M., described as I ollows: Beginning at the Northwesterly comer of Lot 13, Block 11, Eames Addition; thence S 14"0'49" W 240.00 feet along the Westerly line of said Block 11 to the Southwesterly comer of Lot 20, Block 11, Eames Addition: thence N 03'56'43" E 154.99 feet; thence N 14'50'-9" = 73.00 feet; thence S 75'09'1 1" E 31.25 feat to the point of beginning. AND Lots 7, 8, 9, 10, 11 and 12, - Block 11, EAMES ADDITION TO THE CI T Y AND TOWNSITE OF .ASPEN, more fully described as follows: Beginning at the Northwesterly comer of said Lot 7; thence S 75'09'11" E 160.00 feet along the Northerly boundary line of said Block 11; thence S 14'50'49" W 100.00 feet along the Easterly boundary line of said Block 11; thence N 75"09'11" Vir 180.CC feet along the Southerly boundary line of said Lots 7-12 tU the Southwesterly comer of said Lot 7; thence N 14"5049" E 100.00 feet along the Westerly boundary line of said Lot 7 to the point of beginning. SAID PARCEL 0= LAND ALSO BEING DESCRIBED AS FOLLOWS: Beginning at the Sorthwest comer of said Lot 7, a rebar and cap PLS # 29030, from which a rebar and cap PLS # 2547 bears N 55' E a distance of 0.7 feet; thence_ N 14'K'49" E along t.e westerly line of said Lot 7, a distance of 100.00 feet to the Northwest comer of said Lot 7, also being at the Southerly right-of-way of Juan Street in the City of Aspen, a rebar and cap PLS # 2547; thence S 75'D9'11" E along the Northerly line of said Block 11. also being the Southerly right-of-way line of said Juan Street a distance of 180.00 `set to the Northeast comer of said Block 11, a rebar and cap PLS # 29030; thence S 14"50'49" W along tr:e Easterly line of said Block 11, also being the Westerly right-of-way of Aspen Street in the City of Aspen a distance of 100.00 feet to the Southeast comer of said Lot 12, a rebar and cap PLS # 29030: thence N 75*09'11" W along the Southerly line of said Lots 7,8,9,10,11 and 12 a distance of 180.00 feet to the point of beginning. P73 AND The vacated alley situated in Block 11, EAMES ADDITION TO THE CITY AND TOVVNSITE OF ASPEN. ATTACHMENT AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: South Aspen Street Subdivision PUD Lots 1, 2, & 3, Aspen, CO SCHEDULED PUBLIC HEARING DATE: February 9 2009 STATE OF COLORADO ) ) ss. County of Pitkin ) I, Stephen C.R. Holley (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. _X Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the 23rd day of January , 2009, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing ofnotice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signa The foregoing "Affidavit of Notice" was acknowledged before me this c\ day of�tr�u�,r., 200�,by \�c_C EZ NN&I WITNESS MY HAND AND OFFICIAL SEAL My commission expires: NICOLE BROWN NOTARY PUBLIC STATL OF COLORADO ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGI) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL NOTICE O17 PUBLIC4iEARING DATE FEBRUARY 9, 2009 TIME 5:00 P.M. PLACE CITY COUNCIL CHAMBERS CITY HALL 130 S. GALENA ST., ASPEN, CO BODY ASPEN CITY COUNCIL TYPE 1 PURPOSE: MARKET TOWNHOMES AND 17 AFFORDABLE HOUSING UNITS IN ACCORDANCE WITH SECTION 26.308.010 OF THE MUNICIPAL APPLICANT ASPEN LAND FUND II, LLC C/O CENTURION PARTNERS, LLC, 300 PROPERTY THE SUBJECT PROPERTY IS LEGALLY DESCRIBED AS THE SOUTH PAGE 50.____ FOR FURTHER INFORMATION CONTACT: CHRIS BDEVEN� MENTDEPARTMENMMUNITY 30 S. GALENA ST., ASPEN, CO (970) 920-5090 »Y }} F! FxRt nt 0. {{{ f IW) 4y 4 .mXv;rA yy ' Z� ncrk+v I Posting Map NOT TO SCALE U South Aspen Street Subdivision WORTH 02.09.09 ATTACHMENT AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE �b�T�f/-5GS/�ryST<�c�•an���� ADDRESS OF PROPERTY: Aspen, CO SCHEDULED PUBLIC HEARING DATE: Ls�KY 9 , 200 7p STATE OF COLORADO ) ) ss. County of Pitkin ) (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. _ Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the day of , 200 , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. / ✓ Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi -governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. i Signature The foregoing "Affidavit of Notice" was acknowledged before me this —1 day of 200j_,by Ay30V�fc,L) �.` NN AkF ............. lSOG% NOTA/?y `. ". `•. PUBLIC :' O OF Ekpires do'" WITNESS MY HAND AND OFFICIAL SEAL My commission ex ires: 6 - cl - 2 o Iy *otareyaP�nblic ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL Easy Peel Labels Use Avery® TEMPLATE 51600 ® 1 Paper = See nstruction.5heed' 97-1 aAVERY(Ibsme for Easy Peel Feature` 1 124 E DURANT AVENUE LLC C/O WOGAN WENDY 533 W FRANCIS ASPEN, CO 81611 ALYEMENI MOHAMMED & ALICE 3109 OAKMONT DR STATESVILLE, NC 28625 205 EAST DURANT 1 B LLC 117 N MONARCH ST #01 ASPEN, CO 81611 APRIL FAMILY TRUST 1/4 INT 3501 S 154TH ST WICHITA. KS 67232-9426 ASPEN SKIING COMPANY LLC BARBEE MARY K LIV TRUST PO BOX 1248 625 SKYLINE DR ASPEN, CO 81612 CODY, WY 82414 BERHORSTJERRY BERHORST CAROLE 7161 LINDENMERE DR BLOOMFIELD HILLS, MI 48301 BLACKW ELL CLARENCE A & ANNE H PO BOX 3180 ANNAPOLIS, MD 21403 BRIGHT GALEN 205 E DURANT AVE #3D ASPEN, CO 81611 BRUMDER PHILIP G & ASMUTH ANTHONY QUARLES & BRADY C/O 411 E WISCONSIN AVE STE 2500 MILWAUKEE, WI 53202 CAIN DOUGLAS M CAIN CONSTANCE MOFFIT TRUSTEES 1960 HUDSON ST DENVER, CO 80220 CHAPIN ANZLE TRUST 1887 STILLWATER ST ST PAUL, MN 55110-8507 CHRISTENSEN CINDY 109 JUAN ST ASPEN, CO 81611 BIEL ALEXANDER L & LEE M 381 LOVELL AVE MILL VALLEY. CA 94941 BLUE LLOYD JR PLEAS ALEXA PO BOX 1569 GRAYTON BEACH, FL 32459 BRIGHT GALEN 407 S HUNTER ST #3 ASPEN, CO 81611 BUSH STEVEN S 0046 HEATHER LN ASPEN, CO 81611 CALKINS GEORGE W 105 S CHEROKEE DENVER, CO 80223-1834 CHAPLIN ARLENE & WAYNE 54 LAGORCE CIR MIAMI BEACH, FL 33141 CHU FAMILY TRUST 213 INT LU NANCY CHAO TRUST 1/3 INT 38 CORMORANT CIR NEWPORT BEACH, CA 92660 603 SOUTH GARMISCH LLP 603 S GARMISCH ST ASPEN, CO 81611 ASPEN KABINN LLC C/O NIKE COMM/NINA KAMINER 75 BROAD ST RM 500 NEW YORK, NY 10004-2415 BASMA AKRAM & NADA 6318 23RD ST NW BOCA RATON, FL 33434 BILLINGSLEY FAMILY LP 1206 N WALTON BLVD BENTONVILLE, AR 72712 BRENNAN JOHN PATRICK 31 TRAINORS LANDING ASPEN, CO 81611 BROWN JAMES R JR 195 HUDSON ST #4B NEW YORK, NY 10013 CABELLJOE C/O CHARTHOUSE 1765 ALA MOANA BLVD HONOLULU, HI 96815 CASPER MARYLYNN 124 E DURANT #4 ASPEN, CO 81611 CHIATE PROPERTIES LLC 20628 ROCKCROFT DR MALIBU, CA 90265-5342 CITY OF ASPEN ATTN FINANCE DEPT 130 S GALENA ST ASPEN, CO 81611 IttiQuettes fadles A peler L• Consultez la feeble www.avm.lwm Utilisez le gabarit AVERYO 51600 Sens de chargement d'instnrction 14UX6GMAVFav Easy Peet Labels Use Avery® TEMPLATE 51600 See Instruction Sheet PaperSAVERY®516o® for Easy Peel Features 1 CROW MARGERY K & PETER D CYS RICHARD L AND KAREN L 46103 HIGHWAY 6 & 24 5301 CHAMBERLIN AVE GLENWOOD SPRINGS, CO 81601 CHEVY CHASE, MD 20815 DANCING BEAR LAND LLC PO BOX 571 ASPEN, CO 81612 DONCER ASPEN LP 7641 W 123RD PL PALOS HEIGHTS, IL 60463 ELDER TRUST ELDER JERRY TRUSTEE PO BOX 308 LA JOLLA, CA 92038-0308 ETKIN DOUGLAS M & JUDITH G 701 S MONARCH ST #2 ASPEN, CO 81611 FARR BRUCE K & GAIL H PO BOX 4844 ANNAPOLIS, MD 21403 FLETCHER JAY R PO BOX 3476 ASPEN, CO 81612 GARMISCH LLC C 0 MIE PROPERTIES 2560 LORD BALTIMORE OR WINDSOR MILL, MD 21244 GINSBURG ANNE C & ROBERT B 7933 YORKSHIRE CT BOCA RATON, FL 33496-1323 GREGORY NEIL MARTIN & LYNETTE 1801 PITTWATER RD MONA VALE NSW 2103 AUSTRALIA, DAVIS CAROL L 7838 HILLMONT ST HOUSTON, TX 77040-6108 DUNN STEVEN G 107 JUAN ST ASPEN, CO 81611 ELLIS JAMES BYRON 171/2 FLEET ST MARINA DEL REY, CA 90292 EVANS DAVID COURTNEY PO BOX 952 ASPEN, CO 81612 FAULKNER JOHN L 2433 ROCKINGHAM ST ARLINGTON, VA 22207 FREIRICH MARK A PO BOX 774056 STEAMBOAT SPRINGS, CO 80477 GILBERT DONALD C 2004 TRUST 67 TURTLE BACK RD S NEW CANAAN, CT 06840 GLICKMAN EDWIN C 2322 LAZY O RD SNOWMASS, CO 81654 GREINER JERRY M GREINER TERESA U 330 BICKLEY RD GLENSIDE, PA 19038 Etiquettes taciles.A paler Utilisez le gabarit AVERYO 51600 Sens de charoement. CZAJKOWSKI MICHAEL CZAJKOWSKI SANDRA J 90 LA SALLE ST APT 16G NEW YORK, NY 10027 DOLINSEK JOHN 619 S MONARCH ST ASPEN, CO 81611 EAST JAMES COLLIER TRUSTEE 5800 R ST LITTLE ROCK, AR 72207 ELLIS PAUL DAVID 100 E DEAN ST #2F ASPEN, CO 81611 FALL CREEK CONSTRUCTION LLC PO BOX 10420 ASPEN, CO 81612 FELDMAN SELMA 300 S POINTE DR APT 2403 MIAMI BEACH, FL 33139-7329 FRIEDKIN THOMAS H & SUSAN J PO BOX 4718 HOUSTON, TX 77210-4718 GILLESPIE JOHN E REV TRUST 775 GULFSHORE DR #4219 DESTIN, FL 32541 GOLDSMITH ADAM D SMITH RONA K PO BOX 9069 ASPEN, CO 81612 GROOS NICHOLAS D 210 N INDUSTRIAL PARK RD HASTINGS, MI 49058 Consultez la feuille wwwaverycom Easy Peel Labels Use Avery® TEMPLATE S1t@ HANG TEN ADVENTURE 809 S ASPEN ST #2 ASPEN, CO 81611 HATCHER HUGH S 205 E DURANT AVE APT 2E ASPEN, CO 81611 HENRY WAYNE SCOTT PO BOX 2383 GRAPEVINE, TX 76099 ♦ See .lhstructionSheet' ;„... L1 AVERY®5160® ® Paper — for Easy Peel feature, � HARRIS NORMAN LINDSAY JR HARVEY JEFFREY & NANCY 100 E DEAN ST UNIT 1 E 711 S DEARBORN ST - #507 ASPEN, CO 81611 CHICAGO, IL 60605 HOLLY TREE INVESTMENTS LLC 4823 HOLLY TREE DR DALLAS,TX 75287 IAVARONE GIANFRANCO & RITA 341 ORIENTA AVE MAMORONECK, NY 10543 IMREM SUE GORDON TRUSTEE 219 E LAKE SHORE DR #5D CHICAGO, IL 60611 JOHNSON KERRI & DEREK 117 JUAN ST #1 ASPEN, CO 81611 KABERT INDUSTRIES INC PO BOX 6270 VILLA PARK, IL 60181 KINGSBURY FAMILY TRUST PO BOX 198 HOLDERNESS, NH 03245 KULLGREN NANCY A 205 E DURANT AVE UNIT 2-C ASPEN, CO 81611 HEIM WILLIAM D 124 E DURANT AVE APT 1 ASPEN, CO 81611-1769 HEIMANN GEORGE R 100 E DEAN ST #2E ASPEN, CO 81611-1967 HILL EUGENE D III & JOAN L. TRUST HINES TOM & CAROLYN 3 AVALON AVE P 0 BOX 129 21 TRAINORS LNDG PRIDES CROSSING, MA 01965 ASPEN, CO 81611-1652 HORTON KAREN JANE TRUST 588 S PONTIAC WAY DENVER, CO 80224 ICAHN LIBA PO BOX 11137 ASPEN, CO 81612-9627 J&E HANSEN LLC C/O EDWARD HANSEN 255 SEASPRAY AVE PALM BEACH, FL 33480 JOHNSTON MARGARET S 9.87% 30 DEXTER ST DENVER, CO 80220 KAPLAN BARBARA 3076 EDGEWOOD RD PEPPER PIKE, OH 44124 KLINDWORTH J TODD & HEATHER PO BOX 25318 ST CROIX, VI 00824 LACY ROANE M JR PO BOX 367 WACO, TX 76703-0367 HOTEL DURANT 122 E DURANT ASPEN, CO 81611 IMHOF FAMILY TRUST 2409 GREEN ST SAN FRANCISCO, CA 94123 JAMES FAMILY TRUST 1/4 INT 1 CASTLEWOOD CT NASHVILLE, TN 37215-4617 JUAN STREET HOA 119 JUAN ST ASPEN, CO 81611 KAUFMAN STEVEN 0554 ESCALA14TE CARBONDALE, CO 81623 KUHLMAN JEFFREY W & CARI D 48 TRAINORS LANDING RD ASPEN, CO 81611 LARKIN THOMAS J & MARYANN K 1 SHELDRAKE LN PALM BEACH GARDENS, FL 33418-6820 Etiquettes faciles A peter ♦ Consulter la feuille www.averycom UtIllsez le gabaHt AVERY® St600 Sens de chargement- d'instructio 1s --r Aucw Easy Peel Labe s Use Avery® TEMPLATE 51600 LEONARD-PECK SHEILA KATHRYN RR 1 PO BOX 375-P VINEYARD HAVEN, MA 02568 LIBMAN KENNETH J 800 S MONARCH ST #2 ASPEN, CO 81611 LOCHHEAD RAYMOND R & EMILIE M 200 SHERWOOD RD PASO ROBLES, CA 93446 MACGREGOR ROBERT DUNCAN 710 E DURANT AVE STE W 6 ASPEN, CO 81611-2070 MANDICH ROBERT M 100 DEAN ST #3F ASPEN, CO 81611 _ SeesPeel F 5160® Sheet . aAVEW6i _ Paper for Easy Peel Feature 1 LEVY HELEN JOAN TRUST LEVY HYMAN & GAIL 421 WARWICK RD PO BOX 1365 KENILWORTH, IL 60043-1145 BOCA RATON, FL 33429-1365 LIFT ONE CONDOMINIUM ASSOC LIFT ONE LLC 72.40% 131 E DURANT AVE 24 LINDENWOOD LN ASPEN, CO 81611 LITTLETON, CO 80127 LUNDHOLM KERSTIN M 115 JUAN ST ASPEN, CO 81611 MACHUCA EDGAR F 11 TRAINORS LANDING ASPEN, CO 81611 MARK KENNETH A 200 PANTIGO RD EAST HAMPTON, NY 11937 MCCONNELL THOMAS W & KAY L MCKENZIE BART B & PAIGE PARAVANO 3814 OAKHILLS 4840 30TH ST NORTH BLOOMFIELD HILLS, MI 48301 ARLINGTON, VA 22207-2716 MENDEL M MARK MENDEL GRACE A - JT TENANTS 1620 LOCUST ST PHILADELPHIA, PA 19103 MORGAN MICHAEL L 115 JUAN ST ASPEN, CO 81611 NOBLE GUY T PO BOX 9344 ASPEN, CO 81612 OLSON PAUL S & DIANE C PO BOX 2936 BRECKENRIDGE, CO 80424 auettes ladles i paler L tilisez le gabarit AVERY• 51600 MACDONALD KENNETH HUGH REV TRUST 44 W HANNUM SAGINAW, MI 48602 MAGES LAWRENCE M & MARY K 84% 216 LINDEN AVE WILMETTE, IL 60091 MCCARTNEY BRENDA DAHL 113 JUAN ST ASPEN, CO 81611 MCNAMARA CHRISTIANE J TRST PO BOX 1053 ASPEN, CO 81612 MONIGLE ETHEL M MOORE JOHN W 50% 803 S GARFIELD ST 10426 WHITEBRIDGE LN DENVER, CO 80209 ST LOUIS, MO 63141 MULKEY DAVID A DR TRUSTEE MURRAY DENTS 2860 PO BOX 3770 A DR ASPEN, CO 81612 LAS VEGASEGAS, NV 89109 NOREN LARA L & STEPHEN C NORTH LAUDERDALE PETROLEUM LLC 11211 FONTHILL DR 6318 23RD ST NW INDIANAPOLIS, IN 46236-8630 BOCA RATON, FL 33434 ONEAL PROPERTIES LLC ONEILL ROGER 8100 E CAMELBACK RD #31 PO BOX 711 SCOTTSDALE, AZ 85251-2773 LAKE GENEVA, WI 53147-3579 Ak Sans a chargement --- ---------- Consakez la feoille wwwa v q com __- Easy Peel Labels C'► 1 ♦ See Instrectiori Sheet i Gi 1 Use Avery® TEMPLATE 51600 I t` ' Paper for Easy Peel Feature1 " �AVERY®5t60® PASCO PROP LLC SMITH PATRICK A PIECE OF THE PIE LLC PINES LODGE CONDO ASSOC 360 SOUTHFIELD RD PO BOX 2492 152 E DURANT AVE BIRMINGHAM, MI 48009 ASPEN, CO 81611 ASPEN, CO 81611 PINES LODGE DEVELOPMENT LLC 2353 IRVINE AVE NEWPORT BEACH, CA 92660 ROARING FORK PROPERTIES C/O HOWARD A WILL JR 5055 26TH AVE ROCKFORD, IL 61109 ROSE JON E ROSE RITA L 303 MAGNOLIA LAKE DR LONGWOOD, FL 32779 S C JOHNSON AND SON INC TAX DEPT 412 1525 HOW E ST RACINE, WI 53403 SCHAYER CHARLES M III 588 S PONTIAC WAY DENVER, CO 80224 SEMRAU TIMOTHY & HEIDI ROBBIN 58 TRAINORS LANDING RD ASPEN, CO 81611 SHADOW MTN AERIE PTNRSHP LLP C/O ARTHUR J & PAMELA T WASHINGTON 21 BRIARCLIFF RD LARCHMONT, NY 10538 SHINE FAMILY LLC 8677 LOGO 7 COURT INDIANAPOLIS, IN 46219-1430 SKY BLUE LLC 27.60% 5743 CORSA AVE # 101 WESTLAKE VILLAGE, CA 91362 RINGSBY GRAY ROARING FORK MTN LODGE ASPEN LLC PO BOX 1292 TWO CREEKS BLDG HAIKU, HI 96708 PO BOX 6237 SNOWMASS VILLAGE, CO 81615 ROBERT FAMILY TRUST 1/4 INT 771 FERST DR ATLANTA,GA 30332-0245 RUDERMAN ERIC P & MIMI E 1536 OGDEN ST DENVER, CO 80218-1406 SCHAINUCK LEWIS I & MICHELLE T 2900 OCEAN BLVD CORONA DE MAR, CA 92625 SCHERER ROBERT P TRUST 217 GOLDENROD AVE CORONA DEL MAR, CA 92625 SEVERY FAMILY TRUST 70.39% 1077 RACE ST APT 1004 DENVER, CO 80206-2829 SHEFFER DOUGLAS & BARBARA PO BOX 2763 BASALT, CO 81621 SILVERMAN MARC A & MARILYN L 937 DALE RD MEADOWBROOK, PA 19046 SLOAN SUSAN MARIE 500 S ORANGE AVE SARASOTA, FL 34236 ---- ----- - Etiqtwttes fadles a peter ♦ — Utilisez le gabarit AVERYO 51600 Sens de chargement ROBLES ENRIQUE ALVAREZ ALVAREZ CRISTINA MONTES URALES 350 LOMAS CHAPULTEPEC MEXICO DF MEXICO, 11000 RYAN ELIZABETH H 1/2 INT COPE G RICHARD & NANCY M 1/2 INT 419 W INNEBAGO DR JANESVILLE, WI 53545 SCHAPIRO MARC & PATRICIA 1685 TAMARAC DR GOLDEN, CO 80401 SCHUMACHER JUDY M 0115 GLEN EAGLES DR ASPEN, CO 81611 SEVERY RICHARD L 9.87% 30 DEXTER ST DENVER, CO 80220 SHENK ROBERT D 290 HWY 133 CARBONDALE, CO 81623-1530 SIMON HERBERT REV TRUST 8765 PINE RIDGE DR INDIANAPOLIS, IN 46260-1778 SM-15 SEELBACH WILLIA - C/O 45000 S WOODLAND CHAGRIN FALLS, OH 44022 Consultez la feeRle www.averycom d'inctru tine 1�ntr AUCw Easy Peel Labels Use Avwry 9 TEMPLATE 51600 ♦ --� See Instruction Sheet ® Paper for Easy Peel Featurq, �AVERY851600 1 SOLONDZ TAM] S PO BOX 2829 ASPEN, CO 81612 SOUTHPOINT-SUMNER CORP 4828 FORT SUMNER DR BETHESDA, MD 20816 STANTON JAMES C/O WORLD-WIDE HOLDINGS CORP 950 THIRD AVE 18TH FL NEW YORK, NY 10022 STEINER DONALD R BUCKHEAD GRAND 3338 PEACHTREE RD #3307 ATLANTA, GA 30326 STUART FAMILY TRUST 1/4 INT 1 CASTLEWOOD CT NASHVILLE, TN 37215-4617 TAYLOR ELAINE D W301 N9430 COUNTY TRUNK E HARTLAND, WI 53029 SOUTH POINT CONDO LLC 150 N MARKET WICHITA, KS 67202 SPAULDING RICHARD W THOMPSON ELEANOR M PO BOX 278 CONCORD, MA 01742-0278 STAPLETON DAVID W 206 E DEAN ST #2A ASPEN, CO 81611 STONE FAMILY TRUST 1 THROCKMORTON LN MILL VALLEY, CA 94941 SZYMANSKI WILLIAM R & LYNNE E 2220 E SILVER PALM RD BOCA RATON, FL 33432 TELEMARK APARTMENT 2 LLC C/O ANDREW HILL 20351 NE 61 ST CT REDMOND, WA 98053 THREE REEDS LLC TOLLEFSON JON S & JOANN M 2224 VIA SEVILLE RD NW 38 TRAINORS LANDING ALBUQUERQUE, NM 87104-3096 ASPEN, CO 81611 TUCKER TIMOTHY H & PATRICIA A TYDEN FAMILY FARMS PTNP 809 S ASPEN ST 1730 IROQUOIS TR ASPEN, CO 81611 HASTINGS, MI 49058 VANDER WALL DEAN ROBERT & BEVERLY J PO BOX 189 LONE PINE, CA 93545 WOLF FAMILY TRUST 12/23/1986 1221 MYRTLE AVE SAN DIEGO, CA 92103 VANTONGEREN HAROLD V & LIDIA M 2000 E 12TH AVE BOX 8 DENVER, CO 80206 WOODING MERRITT B PO BOX 339 HOPE, NJ 07844 SOUTH POINT CONDOMINIUM ASSOCIATION 205 E DURANT AVE #2F ASPEN, CO 81611 SPRING LANE INVESTMENTS LLC 8 OAK LAKE DR BARRINGTON, IL 60010-5914 STARK RENEE A 205 E DURANT AVE APT 1 D ASPEN, CO 81611-3813 STRAWBRIDGE GEORGE JR 3801 KENNETT PIKE BLDG #B-100 WILMINGTON, DE 19807 TAROCH HOLDINGS LTD C/O PATRICK D MCALLISTER PC 315 E HYMAN AVE #305 ASPEN, CO 81611-2909 TELEMARK ASPEN LLC 55 SECOND ST COLORADO SPRINGS, CO 80906 TOWNE PLACE OF ASPEN CONDO ASSOCINC C/O ASPEN LODGING COMPANY 747 S GALENA ST ASPEN, CO 81611 UHLFELDER FAMILY INVESTMENTS RLLP 210 AABC STE AA ASPEN, CO 81611 WHITE JALEH THICKMAN DAVID 152 E DURANT AVE ASPEN, CO 81611-1737 WOODSON TATJANA REV TRUST PO BOX 125 TETON VILLAGE, WY 83025 vuettes fadles h peW ♦ Consultez la feuille www.averycom Utilisez le gabarit AVERYO 5100 Seas de chargement dlnctnwti . ,�,„, -, „= Easy Peel Labels Use Avery® TEMPLATE 51600 A See Instruction Sheet i w 'aper for Easy Peel Featurei, �AVEr®516o® 1 WOW LIFT ONE LLC C/O WARSTLER ROBERT T 3225 ELK CANYON CIR SEDALIA, CO 80135.8573 WRIGHT LISA PO BOX 3770 ASPEN, CO 81612 WUGALTERJOEL 131 E DURANT AVE #209 ASPEN, CO 81611 Etipuettes faciles h pelts ♦ Censultez la feuille Www.averycom Utlllsez le oabarit AVERY6 5t66O Sens de chamammit