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coa.lu.su.420 Thunderbowl Ln.0058.2011
THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0058.2011.ASLU PARCEL ID NUMBERS 2735 14 - - 10 - 001 PROJECTS ADDRESS 420 THUNDERBOWL LN PLANNER SARA ADAMS CASE DESCRIPTIO INSUBSTANTIAL PUD AMENDMENT REPRESENTATIVE JEFF ORSULAK DATE OF FINAL ACTION 2.3.12 CLOSED BY ANGELA SCOREY ON: 2.10.12 0 r, `�c."..s-c,a,k Z Z3%) - J4. -3 - /O --001 00'S • ZOl( . rSwl File Edit Record Navigate Form Reports Format Tab Help A' • Q . ►n ► ►,% 2 :-1 _+ J j I / J A i. ]ump 1 4 id g T .. , Routing Status Feel '; Fee Summary Main Actions Attachments I Routing History Valuation Arch /Eng Custom Fields Sub Permits 1 ► ° c Permit type aslu Aspen Land Use Permit # 0058.2011.,ASLU .o N Address 420 THUNDERBOVVL LN Apt /Suite o o City ASPEN State CO Zip 81611 0 x Permit Information Master permit Routing queue aslu07 Applied 8/26 12011 I fi' 'r z Project Status I pen d ing Approved 9. Description INSTUBSTANTIAL PUD AMENDMENT Issued Closed /Final Submitted JEFF ORSULAK 927 8473 Clock Runarig Days I 01 Expires SI19Q012 Submitted via 11 Owner Last name ASPEN HIGHLANDS VILLA( First name 197 PROSPECTOR RD C2101 Phone ( ) - Address ASPEN CO 81611 Applicant ❑ Ownei is applicant? 0 Contractor is applicant? Last name AQUA 2322 CORP I First name 104 PALOMA DR CORAL GABLES FL 33143 Phone (415) 775 -7374 Cust • 29106 Address I • Lender I Last name • I First name i Phone (.. ) - Address Displays the permit lender's address AspenGold5 (server) angelas NM 1 of 1 ••• C-/k k 3 ©3° t' q 4-1 . 0 2 12.. NI c t Y 3022( ` � v . . . . o v�\ 3 S• O Cc2 ga DEVELOPMENT ORDER City of Aspen Community Development Department This Development Order, hereinafter "Order ", is hereby issued pursuant to Section 26.304.070, "Development Orders ", and Section 26.308.010, "Vested Property Rights ", of the City of Aspen Municipal Code. This Order allows development of a site - specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three (3) -year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless the change is accomplished or a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site - specific development plan as described below. Property Owner's Name, Mailing Address and telephone number: Aqua 2322 Corp., 104 Paloma Drive, Coral Gables, FL 33143, 415/775 - 7374. Legal Description and Street Address of Subject Property: Lot 1, Block A, of the Aspen Highlands Village Planned Unit Development/ Subdivision, Aspen, Colorado, also known as 420 Thunderbowl Lane, Aspen, Colorado. Written Description of the Site Specific Plan and /or Attachment Describing Plan: An Insubstantial Amendment to Aspen Highlands Village Planned Unit Development/ Subdivision to reconfigure the building envelope and the activity envelope on Lot 1 of Block A of the Aspen Highlands Village PUD. Land Use Approval Received and Dates: Administrative approval granted February 3, 2012. Effective Date of Development Order: February 9, 2012. (Same as date of publication of notice of approval.) Expiration Date of Development Order: February 9, 2015. (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 3 of February 2012, by the City of Aspen Community Development Director. 66 if I ai— ls Ben Communi Development Director 5 Zo, City of Aspen OiOTICE OF APPROVAL For an Insubstantial PUD Amendment to Aspen Highlands Village PUD for Block A, Lot 1, aka 420 Thunderbowl Lane Parcel ID No.: 2735- 143 -10 -001 APPLICANT: Aqua 2322 Corp. 104 Paloma Drive Coral Gables, FL 33143 REPRESENTATIVE: Lipkin Warner Design & Planning LLC Jeffrey Orsulak 701 E. Valley Road, Suite 201 Basalt, CO 81621 970/927 -8473 SITE OF AMENDMENT: Lot 1, Block A of the Aspen Highlands Village PUD /Subdivision, more commonly known as 420 Thunderbowl Lane SUMMARY: The applicant requests an Insubstantial PUD Amendment to amend the existing building envelope and activity envelope of Lot 1, Block A to accommodate a new spa and associated landscaping. There is no change to the actual size of the building envelope or the activity envelope. STAFF EVALUATION: The proposed change to amend the envelope meets the review criteria for an Insubstantial PUD Amendment (Exhibit A) as the changes are minimal. The Aspen Highlands Village Association supports the request as indicated in a letter dated July 8, 2011 that was submitted with the application. DECISION: The Community Development Director finds the Administrative Application for an Insubstantial PUD Amendment as noted above and on Exhibit `A' to be consistent with the review criteria (Exhibit A) and thereby, APPROVES the request. AP "OV ' pi j ��v W 2 . 3 . l is Bendon, Date Community Development Director Attachments: Exhibit A: Review Criteria Page 1 of 2 0 0 EXHIBIT A Section 26.445.100 Amendment of PUD development order A. PUD Insubstantial Amendments. An insubstantial amendment to an approved development order for a final development plan may be authorized by the Community Development Director. The following shall not be considered an insubstantial amendment: 1. A change in the use or character of the development. There is no change in the use or character of the building. 2. An increase by greater than three percent (3 %) in the overall coverage of structures on the land. The there is no increase in coverage. 3. Any amendment that substantially increases trip generation rates of the proposed development or the demand for public facilities. Trip generation and demand for public services will not be impacted by this amendment. 4. A reduction by greater than three percent (3 %) of the approved open space. There is no change to the open space. The building envelope size and activity envelope size does not change. 5. A reduction by greater than one percent (1%) of the off - street parking and loading space. There is no change in the parking /loading space. 6. A reduction in required pavement widths or rights - of - way for streets and easements. There is no change in the ROW's widths, streets or easements. 7. An increase of greater than two percent (2 %) in the approved gross leasable floor area of commercial buildings. Not applicable. 8. An increase by greater than one percent (1%) in the approved residential density of the development. There is no increase in residential density. 9. Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting a variation from the project's approved use or dimensional requirements. The change is consistent with the approved use and does not require a dimensional variation. Page 2 of 2 -h Jennifer Phelan From: Jennifer Phelan Sent: Tuesday, October 18, 2011 12:47 PM To: 'jeff @lipkinwarner.com' Subject: 420 Thunderbowl plat Hi Jeff: I just received the Thunderbowl plat as Sara is out of the office; however, the owner's certificate was not completed as it was not notarized. Please have someone come and get the plat so it can be properly signed. Thanks, Jennifer Jennvfer Phelan, AICP Deputy Director Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611 PH: 970.429.2759 FAX: 970.920.5439 www.aspenpitkin.com • 1 ((,l _ ti ,1 1F a a� l n o se u It _ � _ Q . [ . �Q . ry/�1 � �' 7 • moo 111;1 ® ®l oy - _" ¢•,r WIT x "Il'c . .L._ac c.c c. cc ! I 2 1 9, 4 44. -- r RI 1 d i,�k }, 2 ''' M�' „.$I I 55455 3 3555, g i - ,k i75�;iX a 3555“ ! 1 1F e I4 �% 1 f 1 4' t ti i ttti Y, t k v l `. S Y b Q i 1 6 e! (4 t • e e ¢ .. a i 1 .0 7 41 - ap to ¢S ' ggaa f f P� §9x5 ; °.Cd( 1 1 �:•I Y £ c 7 gg 1 a 89 G u � - 1 5; , nt. 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Q oa� j E K Y _ � ��� g z + E 2 x i= 0.' c eir ' u logrok a. k 0 44- � u 1/4 ‘ i . 111111111111M11 < W..- z Y _ • I 1, ;�1 ` /1 / n ' N "'' i , � � S ■ i: .eie /� fi ,-/ 5-/- I ,/ ,. 17 h e+ an / 7/ \ 0� 1 4 1 1 1 \1/4, //- i , k ‘ v i ,,, , . e to N y � Y ! 77 // / se c N. ,fir i ) �?\` \ \ \ • t I I I � '` / 1 yI {_J I I I I 1 P \ r o i o ® 'a ,‘ : ^/ ' — / O e vJ ` — c 1, Z ste ATTACHMENT 2 -LAND USE APPLICATION q tittit PROJECT: Cr, 6 2 j fir F F �Q Name: 420 Thunderbowl Lane 'kg)/ e `�I 420 T hunderbowl Lane Aspen Highlands Village PUD Block: A Lot: 1 {' `• l% (Indicate street address, lot & block number, legal description where appropriate) Location: 9 9 ,z ." t 4'1 r Parcel ID # (REQUIRED) 1/3S • i`(' • 1b •061 APPLICANT: Name: Aqua 2322 Corp Address: 104 Paloma Drive Coral Gables, FL 33143 Phone #: 415.775.7374 REPRESENTATIVE: Name: Jeffrey Orsulak of Lipkin Wamer Design & Planning LLC Address: 701 East Valley Road Suite 201 Basalt, CO 81621 • Phone #: 970.927.8473 x15 �e� t ha' TYPE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use ❑ GMQS Allotment ® Final PUD (& PUD Amendment) ❑ Text/Map Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA ❑ ESA — 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane ❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/ Expansion ❑ Residential Design Variance © Other: ❑ Conditional Use Insubstantial PUD Ammendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) Single Family residence within the Aspen Highlands Village Subdivision PUD PROPOSAL: (description of proposed buildings, uses, modifications, etc.) Insubstantial PUD Amendment to the shape of the development envelope for 420 Thunderbowl Lane of the Aspen Highlands Village Subdivision and PUD with no net increase in the area of the envelope. Have you attached the following? FEES DUE: $ 947.00 ❑ Pre- Application Conference Summary ❑ Attachment #I, Signed Fee Agreement ❑ Response to Attachment #3, Dimensional Requirements Form ❑ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards ❑ 3 -D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3 -D model. Your pre - application conference summary will indicate if you must submit a 3-1) modeL `or ` r1 V 701 East Valley Rd. , Ste 201 T 970 927 -8473 D LIPKIN WARNER DESIGN & PLANNING, LLC Basalt, Colorado 81621 F 970 927 -8487 Transmittal Date: 23 Aug 2011 To: Jennifer Phelan City of Aspen, Planner � From: Jeff Orsulak C F, V.V Re: 420 Thunderbowl Lane Via: Hand Delivery ALE 2 3 7011 CilV u, ASPEN CO 1 ''t DFV':-101ME1r1 Jennifer, Enclosed you will find: 1. Deposit for review application 2. Letter of authorized representative 3. Title Commitment 4. Completed Land Use application 5. Signed Fee agreement 6. Pre - application conference summary 7. Proposed PUD amendment plat 8. Approval letter from HOA. Any questions, please call. Thank you, Jeff Orsulak 970/927 -8473 x15 cc: file trans.jp.cityof aspen.082311.DOC Page 1 8/23/2011 L 701 East Valley Rd. Ste 201 T 970 927 8473 D _ P LIPKIN WARNER DESIGN & PLANNING Basalt, Colorado 81621 E 970 927 8487 July 25, 2011 TO: City of Aspen Community Development RE: 420 Thunderbowl Lane authorization of representative Aqua 2322 Corp authorizes: Jeffrey Orsulak of Lipkin Warner Design & Planning LLC 701 East Valley Road Suite 201 Basalt, CO 81621 970.927.8473x15 to act on the applicants behalf for the Insubstantial Planned Unit Development (PUD) Amendment for 420 Thunderbowl Lane. Thank You 2 Aqua 2322 Corp 104 Paloma Drive Coral Gables, FL 33143 (415) 775 -7874 P. 1 OF 1 ..E 0 stewart title Aspen Division 620 East Hopkins Avenue View your transaction progress 24/7 via SureClose. Aspen, 970-925-3577 57 t Y P $ Phone: 970.925 -3577 7 Ask us about your login today! Fax: 970 -925 -1384 Date: August 12, 2011 Order Number: 949496 Buyer: Seller: Aqua 2322 Corp Property Address: 420 Thunderbowl Lane, Aspen, CO 81611 Please direct all Closing inquiries to: Please direct all Title inquiries to: Linda Williams Phone: 970-766-0234 Email Address: lwilliam3 @stewart.com SELLER: Aqua 2322 Corp 104 Paloma Drive Coral Gables, Florida 33143 LISTING BROKER: SELLING BROKER: Lipkin Warner Design & Planning LLC NONE Attn: Jeffrey Orsulak Phone: Phone: (970) 927-8473 (970) 927-8473 Email Address: jorsulak @lipkinwamer.com We Appreciate Your Business And Look Forward to Serving You in the Future. n n ALTA Commitment (6/17/06) ALTA Commitment Form COMMITMENT FOR TITLE INSURANCE Issued by Stewart •title guaranty company Stewart Title Guaranty Company, a Texas Corporation ( "Company "), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. Countersigned: YYa ` eicis I • tit le guaranty company Senior Chairman of tthhe Board Stewart Title � ' ° ` *''rte: Aspen Division :a t o n e ;b Nf1en m Board 620 EasHopkins Avenue Asp Aspen, Colorado 81611 Phone: 970 - 925 -3577 President Fax: 970-925-1384 Order Number. 949496 ALTA Commitment (6/17/06) u � 1 0 COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: August 1, 2011, at 7:30 A.M. Order Number: 949496 2. Policy or Policies To Be Issued: Amount of Insurance (a) A.L.T.A. Owner's (b) A.L.T.A. Loan 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the referenced estate or interest in said land is at the effective date hereof vested in: AQUA 2322 CORPORATION, A DELAWARE CORPORATION 5. The land referred to in this Commitment is described as follows: Lot 1, Block A, THE ASPEN HIGHLANDS VILLAGE P.U.D., according to the Plat thereof recorded October 15, 1998 in Plat Book 47 at Page 1 as Reception No. 423275. COUNTY OF PITKIN, STATE OF COLORADO. Purported Address: Statement of Charges: 420 Thunderbowl Lane These charges are due and payable before a Policy can Aspen, Colorado 81611 be issued: Order Number 949496 Ste Wart W y.�rt ALTA Commitment (6l17I06) - Schedule A �� ` Title Officer. Linda Williams -title guaranty company Page 1 of l COMMITMENT FOR TITLE INSURANCE SCHEDULE B — Section 1 REQUIREMENTS Order Number: 949496 The following are the requirements to be complied with: 1. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate or interest to be insured. 2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. 3. NONE AT THIS TIME NOTE: This product is for informational purposes only. It is not a title insurance product and does not provide any form of coverage. This product is not a guarantee or assurance, and does not warrant, or otherwise insure, any condition, fact or circumstance. This product does not obligate this Company to issue any policies of title insurance for any subsequent transaction based on the information provided or involving the property described herein. This Company's sole liability for any error(s) relating to this product is limited to the amount that was paid for this product. Order Number: 949496 ALTA Commitment (6/17/06) — Schedule B 1 _ S Page 1 of 1 tale guaranty company COMMITMENT FOR TITLE INSURANCE SCHEDULE B — Section 2 EXCEPTIONS Order Number: 949496 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of' parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the Land and not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, Liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Unpatented mining claims, reservations or exceptions in patents, or in acts authorizing the issuance thereof. 7. Water rights, claims or title to water. 8. Any and all unpaid taxes and assessments and unredeemed tax sales. 9. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 10. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patents recorded January 19, 1892 in Book 55 at Page 20 as Reception No. 45510, and recorded April 7, 1903 in Book 55 at Page 507 as Reception No. 68137. 11. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded June 25, 1957 in Book 181 at Page 506 as Reception No. 105258. 12. Resolution of the Board of County Commissioners of Pitkin County, Colorado, Granting General Submission Approval to the PUD and Rezoning Applications of the Aspen Highlands Resort Order Number: 949496 r YYGL It ALTA Commitment (6/17/06) - Schedule 13 2 �V+���V Page 1 of 5 title guaranty company 0 • Resolution No. 86 -39 recorded July 18, 1986 in book 514 at Page 719 as Reception No. 279645; Resolution of the Board of County Commissioners of Pitkin County, Colorado, Regarding the Disposition of the Aspen Highlands Resort Application that has been in Process Prior to the Adoption of Revised Growth Management Regulations of the Pitkin County Land Use Code, Resolution No. 95 -10, recorded February 15, 1995 in Book 774 at Page 47 as Reception No. 379001; Resolution of the Planning and Zoning Commission of Pitkin County Colorado, Recommending to the Pitkin County Board of County Commissioners Approval of the Amended General Submission, Planned Unit Development Rezoning, 1041 Environmental Hazard Review, and Land Use Code Amendment Application for the Aspen Highlands Village Proposal, Resolution No. PZ -95 -08 recorded November 17, 1995 in Book 799 at Page 976 as Reception No. 387488; Resolution of the Board of County Commissioners of Pitkin County, Colorado Granting Subdivision General Submission, Planned Unit Development, 1041 Environmental Hazard Review and Special Review Approval for the Aspen Highlands Village Proposal, Resolution No. 96 -141, recorded March 19, 1997 as Reception No. 402639; Resolution of the Growth Management Commission of the City of Aspen and Pitkin County, Colorado, Forwarding the Scoring on a Request from Aspen Highlands Village for Determination of "Exceptional" Project Status and Metro Area Multi Year Residential Allotments to the City Council and Board of County Commissioners and Recommending that the Board of County Commissioners and City Council Accept the Scoring and that the Board of County Commissioners Grant the Request Allotment GMC Resolution No. 97 -7, recorded September 29, 1997 as Reception No. 408929; Ordinance of the Board of County Commissioners of Pitkin County, Colorado, Granting Rezoning of the Aspen Highlands Village Site from AF -SKI, AR -1, R -30, AF -1 to AR -1 PUD /AHO -PUD, R -30 PUD, R -15 PUD, R -15 PUD /AHO -PUD, AF -SKI, AH- PUD /AHO -PUD and Amending the Official County Zoning Map, Ordinance No. 97 -31, recorded November 25, 1997 as Reception No. 411003; Resolution of the Board of County Commissioners of Pitkin County, Colorado, Granting Detailed Submission, Planned Unit Development, 1041 Environmental Hazard Review, and Special Review Approval, to the Aspen Highlands Village PUD, Resolution No. 97 -167 recorded September 301998 as Reception No. 422629; Resolution No. 39 (Series of 1998) A Resolution of the City Council of the City of Aspen, Colorado, Authorizing Execution of the "Agreement for Water Service Agreement" Relating to the Extension of Water Service to the Hines - Highlands Limited Partnership Property recorded October 5, 1998 as Reception No. 422779; Resolution of the Board of County Commissioners of Pitkin County, Colorado, Granting Final Plat Approval to the Aspen Highlands Village PUD, Resolution No. 98 -79 recorded October 15, 1998 as Reception No. 423268; Resolution of the Board of County Commissioners of Pitkin County, Colorado, Approving the First Amendment to the Aspen Higlhlands Village Planned Unit Development Guide Regarding Floor Area Definitions recorded August 25, 1999 as Reception No. 434844. 13. Agreement and Declaration of Special Covenants, Conditions and Restrictions for Aspen Highlands Village as set forth in instrument recorded October 27, 1997 as Reception No. 409939. 14. Order of Inclusion, In the Matter of the Aspen Consolidated Sanitation District, District Court, County of Pitkin, State of Colorado, Case No. 83 -CV -170 as set forth in instrument recorded December 9, 1997 as Reception No. 411462. �rrrL(r,((�YYYY «�` --yy -- _ -- - 1 Order Number 949496 ti ALTA Commitment (6/17/06) - Schedule B 2 I V V �iii�.V/�y �rrr Page 2 of 5 -title guaranty company , 15. Terms, conditions, obligations and provisions of City of Aspen, Raw Water Agreement, Irrigation, as set forth in instrument recorded October 5, 1998 as Reception No. 422780. 16. Terms, conditions, obligations, provisions and easements of City of Aspen Water Service Agreement as set forth in instrument recorded October 5, 1998 as Reception No. 422782. 17. Subdivision Improvements Agreement for the Aspen Highlands Village P.U.D. as set forth in instrument recorded October 15, 1998 as Reception No. 423271. 18. Terms, conditions, obligations and provisions of Declaration for Aspen Highlands Village as set forth in instrument recorded October 15, 1998 as Reception No. 423272. 19. Terms, conditions, obligations and provisions of Residential Amenities Declaration for Aspen Highlands Village as set forth in instrument recorded October 15, 1998 as Reception No. 423273. 20. Aspen Highlands Village Planned Unit Development Guide as set forth in instrument recorded October 15 1998 as Reception No. 423274, and Amended Aspen Highlands Village Planned Unit Development Guide recorded February 6, 2001 as Reception No. 451240. 21. Aspen Consolidated Sanitation District Preconnection Agreement as set forth in instrument recorded October 15, 1998 as Reception No. 423276. 22. System Agreement by and between the Aspen Consolidated Sanitation District and Hines- Highlands Limited Partnership, a Delaware Limited Partnership as set forth in instrument recorded October 15, 1998 as Reception No. 423277. 23. Terms, conditions, obligations, provisions and easements of Highlands District Easement Agreement and Bill of Sale as set forth in instrument recorded October 15, 1998 as Reception No. 423281. 24. City of Aspen Easement Agreement (Water and Tank) as set forth in instrument recorded October 15, 1998 as Reception No. 423283. 25. Trench, Conduit, and Vault Agreement as set forth in instrument recorded January 11, 1999 ass Reception No. 426421. 26. Terms, conditions, obligations, provisions, easements of Aspen Highlands Village, Aspen, Colorado, Final Draft- Detailed Submission Consolidated Plan Map recorded October 5, 1998 in Plat Book 46 at Page 44 as Reception No. 423270. 27. Aspen Highlands Village: Detailed Submission Consolidated Plan as set forth in instrument recorded October 15, 1998 as Reception No. 423269. 28. Easements, rights of way and other matters as shown and contained on Plat of Aspen Highlands Village PUD recorded October 15, 1998 in Plat Book 47 at Page 1 as Reception No. 423275, and Order Number. 949496 `. f..7�A r ` ALTA Commitment (6/17/06)— Schedule B 2 II stew art A� Page 3 of 5 title guaranty company Amendment to Existing Block "G" Access and Utility Easement recorded April 2, 2002 as Reception No. 465812. 29. Terms, conditions, obligations and provisions of An Ordinance of the City Council of the City of Aspen, Colorado, Approving the Annexation of Certain Territory to the City of Aspen, Colorado, to be known and designated as the "Aspen Highlands Village PUD" Annexation, as set forth in instrument recorded May 1, 2000 as Reception No. 442835. 30. Easements, rights of way and other matters as shown and contained on Annexation Plat of the Aspen Highlands Village PUD recorded May 1, 2000 in Plat Book 53 at Page 12 as Reception No. 442836. 31. Ordinance No. 36 (Series of 2000) An Ordinance of the City Council of the City of Aspen Approving the Initial Zoning of the Aspen Highland Village PUD as set forth in instrument recorded November 28, 2000 as Reception No. 449207. 32. Grant of Easement by and between Hines Highlands Limited Partnership, a Delaware limited partnership and the Water Department of the City of Aspen, a Colorado municipal corporation as set forth in instrument recorded May 13 2002 as Reception No. 467358. 33. Grant of Easement to Aspen Highlands Commercial Metropolitan District recorded February 22, 2001 as Reception No. 451747 34. Notice of Approval recorded August 30, 2000 as Reception No. 446536 35. Memorandum recorded August 30, 2000 as Reception No. 446537 and Notice of Approval recorded August 30, 2000 as Reception No. 446538. 36. Grant of Easement recorded February 14, 2001 as Reception No. 451463. 37. Reservation of any and all existing water, water structures and mineral rights to the grantor contained in the Deed from Hines Highlands Limited Partnership recorded February 22, 2001 as Reception No. 451748. 38. Restrictive Covenant recorded February 22, 2001 as Reception No. 451749. 39. City of Aspen Easement Agreement Aspen Highlands Village PUD and Ski Area recorded May 31, 2001 as Reception No. 454999. 40. Amendment to Existing Water and Tank Easement recorded April 2, 2002 as Reception No. 465813. 41. Grant of Easement to Water Department City of Aspen recorded May 13, 2002 as Reception No. 467357. — - -- - 1 Order Number. 949496 ` AJa ALTA Commitment (6/17/06) - Schedule B 2 VV Page 4 of 5 -title a —_ guaranty n. guaranty y LL6.�i LL` company 42. Sixth Supplement To Residential Amenities Declaration recorded July 25, 2002 as Reception No. 470226. 43. Resolution recorded August 4, 2003 as Reception No. 487669. 44. Easements Agreement by Aqua 2322 Corporation and Thunder L2322 Corporation recorded April 14, 2010 as Reception No. 568619. Order Number 949496 ALTA Commitment (6/17/06) - Schedule B 2 ste �t Page 5 of 5 .title guaranty company STG Pnvacy Notice 1 (Rev 01/26/09) Stewart Title Companies WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and its affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm-Leach-Bliley Act (GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This 1 information can include social security numbers and driver's license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business —to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers' personal information; the reasons that we choose to share; and whether you can limit this sharing. Reasons we can share your personal information Do we share? Can you limit this sharing? For our everyday business purposes— to process your transactions and maintain your account. This may include running the business and managing customer yes No accounts, such as processing transactions, mailing, and auditing services, and responding to court orders and legal investigations. For our marketing purposes— to offer our products and services to you. Yes No For joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes— information about your transactions and experiences. Affiliates are companies related by common ownership or control. They can be financial and nonfinancial companies. Our Yes No affiliates may include companies with a Stewart name; financial companies, such as Stewart Title Company For our affiliates' everyday business purposes— information about your No We don't share creditworthiness. For our affiliates to market to you Yes No For non - affiliates to market to you. Non - affiliates are companies not related by ! common ownership or control. f They can be financial and nonfinancial companies. No We don't share I II We may disclose your personal information to our affiliates or to non - affiliates as permitted by law. If you request a transaction with a non - affiliate, such as a third party insurance company, we will disclose your personal information to that non - affiliate. [We do not control their subsequent use of information, and suggest you refer to their privacy notices.] Sharing practices How often do the Stewart Title Companies We must notify you about our sharing practices when you request a transaction. notify me about their practices? How do the Stewart Title Companies To protect your personal information from unauthorized access and use, we use security protect my personal information? measures that comply with federal and state law. These measures include computer, file, and building safeguards. How do the Stewart Title Companies We collect your personal information, for example, when you collect my personal information? • request insurance- related services • provide such information to us We also collect your personal information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other companies. What sharing can I limit? Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances, we do not share your personal information in those instances. I l i Contact Us If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company, 1980 Post Oak Blvd., I Privacy Officer, Houston, Texas 77056 Order Number. 949496 • • �..o DISCLOSURES Order Number: 949496 Note: Pursuant to C.R.S. 10 -11 -122, notice is hereby given that: A. The subject real property may be located in a special taxing district B. A certificate of taxes due listing each taxing jurisdiction shall be obtained from the county treasurer or the county treasurer's authorized agent; C. Information regarding special districts and the boundaries of such districts may be obtained from the board of county commissioners, the county clerk and recorder, or the county assessor. Note: Colorado Division of Insurance Regulations 3 -5 -1, Subparagraph (7) (E) requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." Provided that Stewart Title conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lender's Title Policy when issued. Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception No. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single - family residence, which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled mechanic's and Materialmen's Liens. D. The Company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property to be purchased, within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity agreements satisfactory to the company; and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to C.R.S. 10-11 -123, notice is hereby given: A. That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B. That such mineral estate may include the right to enter and use the property without the surface owner's permission. This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED. Order Number. 949496 Disclosures �.i Stewart Title DISCLOSURE The title company, Stewart Title in its capacity as escrow agent, has been authorized to receive funds and disburse them when all funds received are either. (a) available for immediate withdrawal as a matter of right from the financial institution in which the funds are deposited, or (b) are available for immediate withdrawal as a consequence of an agreement of a financial institution in which the funds are to be deposited or a financial institution upon which the funds are to be drawn. The title company is disclosing to you that the financial institution may provide the title company with computer accounting or auditing services, or other bank services, either directly or through a separate entity which may or may not be affiliated with the title company. This separate entity may charge the financial institution reasonable and proper compensation for these services and retain any profits there from. The title company may also receive benefits from the financial institution in the form of advantageous interest rates on loans, sometimes referred to as preferred rate loan programs, relating to loans the title company has with the financial institution. The title company shall not be liable for any interest or other charges on the earnest money and shall be under no duty to invest or reinvest funds held by it at any time. In the event that the parties to this transaction have agreed to have interest on earnest money deposit transferred to a fund established for the purpose of providing affordable housing to Colorado residents, then the earnest money shall remain in an account designated for such purpose, and the interest money shall be delivered to the title company at closing. ,n CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at http: / /www.alta.org. stevvart -title guaranty company All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252. u L 701 East Valley Rd. Ste T 970 927 8473 (]iP LIPKIN WARNER DESIGN & PLANNING Basalt, Colorado 81621 F 970 927 8487 July 25, 2011 TO: City of Aspen Community Development RE: Insubstantial PUD Amendment 420 Thunderbowl Lane On behalf of our client we are requesting on Insubstantial PUD Amendment to the building and activity envelope on 420 Thunderbowl Lane. This amendment is designed to accommodate a new spa and adjoining landscaping by amending the existing shape of the building and activity envelope. 155 square feet of building envelop and 450 square of activity envelope will be reshaped and located with no net increase of either area. This amendment application complies with section 26.445.100.A of the municipal code meeting the requirements as follows: 1. A change in the use or character of the development. Response: No change of character is proposed through the adjustment of envelopes. 2. An increase by greater than three percent (3 %) in the overall coverage of structures on the land. Response: No additional structures are proposed. 3. Any amendment that substantially increases trip generation rates of the proposed development or the demand for public facilities. Response: There are no increases in trip generation as the use type is not changing. 4. A reduction by greater than three percent (3 %) of the approved open space. Response: There is no reduction in open space. 5. A reduction by greater than one percent (1%) of the off- street parking and loading space. Response: There is no reduction of off- street pocking and loading. 6. A reduction in required pavement widths or rights -of -way for streets and easements. Response: There is no reduction in right -of -ways or easements 7. An increase of greater than two percent (2 %) in the approved gross leasable floor area of commercial buildings. Response: No commercial buildings are proposed 8. An increase by greater than one percent (1 %) in the approved residential density of the development. Response: No increase in residential density is proposed 9. Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting a variation from the project's approved use or dimensional requirements. Response: Given the minor area of adjustment and the fact there is no net increase of envelope Area no variation will be required from the project's original approval. Thank you for your consideration and we look forward to discussing this insubstantial amendment, and answering any questions you may have. Thank Je ey Orsulak ' kin Wamer Design & Planning LLC 01 East Valley Road Suite 201 Basalt, CO 81621 P. 1 OF 1 P. e t P F 1 VED CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT a; I„ 2 3 2011 Agreement for Payment of Citv of Aspen Development Application Fees C. , c 7 =, ',PEN riEvrt.oPtni' CITY OF ASPEN (hereinafter CITY) and Aqua 2322 Corp (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for 420 Thunderbowl Lane (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that the City of Aspen has an adopted 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 fill 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 Historic Preservation Commission, Planning and Zoning Commission and/or City Council to enable the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ 947.00 which is for 3 three hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $245.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT By: By: . 47 / Chris Bendon � Community Development Director Date: ! 26, Apt( Billing Address and Telephone Number: 70 1 Fast I/411cm En,,a S,-L 201 0.ctsoL1k (n 81621 970 9 -7 -2473 ) I ` h `�✓� a I ` . S ' CITY OF ASPEN PRE - APPLICATION CONFERENCE SUMMARY PLANNER Jennifer Phelan, 429 -2759 DATE: 4/7/11 PROJECT: 420 Thunderbowl Lane REPRESENTATIVE: Aldo Tamer TYPE OF APPLICATION: Insubstantial Planned Unit Development (PUD) Amendment DESCRIPTION: The prospective Applicant would like to amend the shape of the development envelope for 420 Thunderbowl Lane of the Aspen Highlands Village Subdivision and PUD with no net increase in the area of the envelope. The lot is part of a Planned Unit Development (PUD) and PUD Amendment approval is required to modify the PUD and allow the alteration of the development envelope. Approval to apply for the amendment shall be provided by the Homeowners Association. Land Use Code Section(s) 26.304 Common Development Review Procedures 26.445.100 A. Planned Unit Development — Insubstantial Amendment Review by: - Staff for complete application - Referral agencies for technical considerations - Community Development Director (for administrative decision on the amendment request, unless it is determined that the application does not qualify as an insubstantial amendment). Public Hearing: No Planning Fees: $735.00. Deposit for 3 hours of staff time (additional staff time required is billed at $245 per hour) Referral Fee: $212.00 Total Deposit: $947.00 Total Number of Application Copies: Administrative Insubstantial PUD Amendment: 2 Copies Online Land use Code: http://www.aspenpitkin.com/ Departments / Community- Development/Planning and-Zoning/Title-26- Land - Use -Code/ Online Land Use Application: http: / /www.aspenpitkin.com/Portals/O /does/ City/Comdev/ Apps %20and % /landuseappfor m.pdf To apply, submit the following information: 1. Total Deposit for review of application. 2. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 3. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 4. Completed Land Use Application. 5. Signed fee agreement. 6. Pre - application Conference Summary. 7. An 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen. 8. Proof of ownership. 9. A proposed PUD Amendment plat showing the change to the development envelope. 11. A written description of the proposal and a written explanation of how the proposed development complies with the review standards relevant to the development application (section 26.445.100 A., Planned Unit Development — Insubstantial Amendment). 12. Approval letter from HOA for the application being submitted 13. 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. - r. ASPEN HIGHLANDS VILLAGE ASSOCIATION 133 Prospector Road, Suite 4102h Aspen, CO 81611 Phone (970) 920 -2248 Fax (970) 797 -1851 July 8, 2011 Aldo Tamer 420 Thunderbowl Lane Aspen, Colorado 81611 Sent via email jorsulak @lipkinwarner.com Re: Building Envelope Adjustment Dear Aldo: Your request to modify your building envelope is approved based on the representation by your architect that it does not result in an increase in size of the Building Envelope and the changes requested do not result in additional impacts to any adjoining property. The Lipkin Warner Drawing A1.1 titled Request for Envelope Changes is the basis for this approval. If the proposed swap is different than shown on the drawing, or changes in any way prior to construction, this approval is no longer valid. To clarify, I am attaching a copy of the drawing. Should you have any questions, please give me a call. Sincerely, By G .B Manager Tamer BE approval 7- 8- 11.wpd C 3 ` 11 it d it a z R. ®E8 i 1r rilrararilrop 4 . --- ♦!! \ ! � \ \ \ 8 ��`l��SS \ti § La \ m o !•y\ \:q �r� s . ii ::: . : ............... i 1 1 I \ . cim t WI TAMER RESIDENCE ° >rA 420 i}NR4DERB0INL LANE �gip,�pa �N& RANDOM rn D m p ASPE CO 8 1611 „ .......� saw N m ' 3 O 72 THE CITY OF ASPEN Land Use Application Determination of Completeness Date: August 25, 2011 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0058.2011.ASLU — 420 Thunderbowl Lane. The planner assigned to this case is Sara Adams . ❑ Your Land Use Application is incomplete: We found that the application needs additional items to be submitted for it to be deemed complete and for us to begin reviewing it. We need the following additional submission contents for you application: Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. X Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429 -2778 if you have any questions. 0 ?kat bytAloevii h pled' Thank You, V 'kW e& Add ere - Sara Adams, Senior Planner City of Aspen, Community Development Department For Office Use Only: Qualifying Ap 'cations: Mineral Rights Notice Required SPA D COWOP Yes No Subdivision (creatinN or�e,than I additional lot) GMQS Allotments Residential d- ordable Housing Yes No Commercial E.P.