HomeMy WebLinkAboutcoa.lu.pu.Maroon Creek Club Lot 6.A014-98 3 ;'0r \e Ina cic Q-cI
PARCEL 10:42735 1 12-02-006 DATE RCVD: 103.06 98 P COPIES:{ CASE NOIA014-98
CASENAMEr1Maroon Creek Club Lot 6 Insubstantial Amendment PLNA:IChns Bendon
PROJ:ADDR:ILut 6, Maroon Creek PUD CASE TYP:IInsubstantial Amendment - STEPS:JStatt
OWN/APP:IHartnch, James 3. ADR P.O. Box 12285 C/S/Z: Aspen, CO 81612 PHN:I925-7816
REP:INCib y, Pochai l Y. Jr. ADR:1201 N Mill Sots 102 C/S/Z:IAspen, CO 81611 PHN:1925-9393
FEES DUE: 45D + 1 1 Deny 560 FEES RCVD:I560 5TAF-
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REF:1 BY( DUE:
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CITY COUNCIL:REMARKS( U cc roved
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PLAT SUBMITD: j— PLAT IBK,PG):i ADMIN:] eC --
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MEMORANDUM
TO: Stan Clauson, Community Development Director APPROVED
THRU: Julie Ann Woods, Deputy Directo '995/l 1A131/4R
FROM: Christopher Bendon, Planner u IDINLt H
TO
'OF PSPEN
RE: Maroon Creek Club Lot#6 Insubstantial PUD Amendnit
DATE: March 25, 1998
SUMMARY:
James Hartrich, representing Tiehach Three, LLC, and Andrew Hecht, together
holding more than 50%ownership, has applied for an insubstantial amendment to an
approved PUD for Lot#6 of the Maroon Creek Club Subdivision. This request is to
move the approved building envelope in response to engineering considerations
discovered after the PUD approval.
The applicant's engineer discovered an area of slope instability within the approved
building envelope. The engineer and the applicant prefer moving the proposed
development away from this problematic area to reduce the need for mitigation. The
revised building envelope represented on the proposed plat is larger and allows for
more development to occur without encroaching upon the unstable area.
The City Engineer has reviewed this plat for consistency with the City's plat
requirements. Staff has reviewed this proposed amendment and recommends
administrative approval by the Director.
APPLICANT:
Tiehach Three, LLC, and Andrew Hecht, together holding more than 50%
ownership. Represented by James Hartrich.
LOCATION:
Maroon Creek Club Lot#6. Located south of the Tiehack Lift on the East side of
Tiehack Road.
ZONING:
R-I5A-PUD. (Pitkin County PUD approval)
REVIEW PROCEDURE:
Insubstantial amendments to an approved PUD may he approved by the Community
Development Director, pursuant to Section 26.84.080.
1
STAFF COMMENTS:
Staff referred to the Development Review Committee (DRC). No agency
represented concerns other than the Engineering Department. Those concerns were
relayed in person to the applicant and are reflected on the mylar plat.
Review criteria and staff findings are included as Exhibit A.
RECOMMENDATION:
Staff recommends the Community Development Director approve this Insubstantial
PUD Amendment with no conditions:
APPROVAL:
I hereby approve this Insubstantial Amendment for Lot#6 of the Maroon Creek Club
Planned Unit Development for the changed building and activity envelopes as shown
on the submitted plat.
date 7. 2v(a .S CQ
Stan C raison, '.mmunity Development Director
ATTACHMENTS:
Exhibit A -- Review Criteria and Staff Findings
Exhibit B -- Application
2
•
Exhibit A
Review Criteria
Insubstantial PUD Amendment.
1. A change in the use or character of the development.
Staff Finding:
With this proposed amendment, the use and intensity remains the same as approved by
the County. Staff does not believe the amended building envelope changes the character
of the development in a way which necessitates review by the Commission and Council.
2. An increase by greater than three (3)percent in the overall coverage of structures on the
land.
Staff Finding:
The amended building envelope does change the amount of land that may be covered by
approximately 2.5 %.
3. Any amendment that substantially increases trip generation rates of the proposed
development, or the demand for public facilities.
Staff Finding:
Trip generation and demand for public infrastructure are not affected by this change.
4. A reduction by greater than three (3) percent of the approved open space.
Staff Finding:
The subject area for development was not included as open space during the approval
process. The R-15 Zone District does not have an open space requirement.
5. A reduction by greater than one (1) percent of the off-street parking and loading space.
Staff Finding:
The applicant is not requesting an amendment to the required number of parking spaces.
6. A reduction in required pavement widths or rights-of-way for streets and easements.
Staff Finding:
The applicant is not proposing changes to right-of-way widths.
7. An increase of greater than two(2) percent in the approved gross leasable floor area of
commercial buildings.
Staff Findinv_
Does not apply.
8. An increase by greater than one (1) percent in the approved residential density of the
development.
Staff Finding:
The applicant is not proposing a change in the residential density.
9. Any change which is inconsistent with a condition or representation of the project's original
approval or which requires granting a further variation from the project's approved use or
dimensional requirements.
Staff Finding:
The proposed amendment does require an alteration to the dimensional requirements as
established in the PUD. The resulting development will be 8 feet closer to Tiehack Road
and will have a reduced front yard setback by the same amount. This change, however,
is in response to a technical consideration not anticipated during the original approval.
March 10, 1998
Mr. Chris Bendon
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
Re: Insubstantial Plat Amendment - Lot 6 Maroon Creek Club
Dear Chris:
The undersigned owner of Lot 6, Maroon Creek Club Subdivision hereby
authorize James Hartrich to submit an application on its behalf for an insubstantial
plat amendment adjusting the activity and building envelopes for Lot 6 as depicted
on a proposed plat amendment prepared by Schmeuser Gordon Meyer dated
February 11, 1998.
The owner is negotiating with Mr. Hartrich for the purchase of Lot 6. Until
such time as there is a signed contract and closing, all approvals shall be for the
benefit of the present owner.
Sincerely,
TIEHACK THREE, LLC, a Colorado
limited liability company
By: - -.
Andrew V. Hecht, Member
AVH\kt
C:\OLD\AVH\MAROON\LTRS\HARTRICH.I
NEILEY & ALDER
ATTORNEYS
201 North Mill Street, Suite 102
Aspen, Colorado 81611
Richard Y. Neiley,Jr.,P.C. FAX Number
Eugene M. Alder,P.C. (970) 925.9393 (970) 925-9396
March 6, 1998
HAND DELIVERY
Mr. Chris Bendon
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
Re: Insubstantial Plat Amendment
Lot 6, Maroon Creek Club
Dear Mr. Bendon:
This office represents James G. Hartrich. Please accept
this letter and the attachments as Mr. Hartrich's application for
an insubstantial plat amendment pursuant to City of Aspen Land Use
Regulations, §26 .88.060A, with respect to the above-referenced
property. Authorizations for Mr. Hartrich to process this appli-
cation and for this office to represent Mr. Hartrich are appended
hereto.
Mr. Hartrich seeks an insubstantial plat amendment
altering the building envelope on the subject property. Specific-
ally, Mr. Hartrich seeks an eight foot enlargement of the building
envelope to the west with an additional ten foot enlargement of the
activity envelope. A plat depicting the proposed modification is
included herewith.
The plat amendment is made necessary as a result of
engineering considerations discovered during the planning stages
for development of the property. The engineering consideration is
an area of slope instability as determined_ by r_ m L. mhomp&Qn,
Inc_,_ Engine s, sh1ch is depicted on the enclosed plat and which
reduces both the original building envelope and the original
activity envelope. The enclosed plat depicts the subject lot with
its approved building and activity envelopes with an overlay
depicting the slope instability area and proposed building envelope
modification.
The impact of the modification of the building envelope
requested herein will be to move the residence on the property
Letter to Mr. Bendon
March 6, 1998
Page 2
eight feet to the west, away from the area of the lot sloping
toward Maroon Creek. Visual impacts from development will not be
significantly different. Because the building envelope is being
moved away from the Maroon Creek drainage, development will be less
impactive on the view plane from the east.
The Maroon Creek Club Site and Architectural Review
Committee has considered Mr. Hartrich's schematic plan for the site
and has granted preliminary approval . This preliminary approval
incorporates the insubstantial plat amendment requested herein.
(See attached letter from William Lukes & Associates, paragraph 4 . )
It is our belief that the proposed plat amendment
complies with City Land Use Regulations, 526 . 88. 060. We are
unaware of any way in which the proposed amendment would deviate
from the constraints or limitations attendant to the approval of
the Maroon Creek Club subdivision approvals . In fact, we believe
that this amendment would be consistent with those approvals in
that the relocation of the building envelope eight feet to the west
pulls the development activity on the site away from the steep bank
above Maroon Creek, thereby reducing visual impacts from develop-
ment. The increase in the activity envelope is necessary to
accommodate access and parking. There are no adverse impacts
associated with this modification.
The following documents are submitted herewith:
1. Pre-application Conference Summary;
2 . Land Use Application form;
3 . Signed fee agreement;
4 . Owner's authorization to process application;
5 . Authorization to represent;
6 . Title commitment disclosing existing ownership and
complete legal description;
7 . Letter of approval from Maroon Creek Club Site and
Architectural Review Committee;
8 . Site improvement survey including topography and
vegetation demonstrating current status as well as proposed
modifications to the Plat; and
9 . $560.00 deposit for processing fees .
Letter to Mr. Bendon
March 6, 1998
Page 3
If you have any questions or need further information,
please feel free to contact Mr. Hartrich or this office. Mr.
Hartrich can be reached at 925-7816 . Thank you for your attention
to this matter.
Very truly yours,
NqIEY & ALDER
ch r Y. Neiley, Jr.
RYN/agk
Enclosures
CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
PLANNER: Chris Bendon, 920.5072 DATE: 2.26.98
PROJECT: Maroon Creek Club Lot#6 PUD Amendment
REPRESENTATIVE: Jim Hartrich 925.7816
OWNER: Jim Hartrich
TYPE OF APPLICATION: 0 Step-- Staff Review
DESCRIPTION: Insubstantial PUD amendment to alter the building envelope in response to a techical
consideration
Land Use Code Section(s)
26.84.080 PUD Amendments
Review by: Staff, DRC (referral agencies)
Public Hearing: No. If substantial amendments are requested,then public hearings would be required.
Referral Agencies: Engineering, Parks
Planning Fees: Planning Deposit ($450)
Referral Agency Fees: Engineering minor fee$110
Total Deposit: $560 (additional hours are billed at a rate of$180/hour)
To apply, submit the following information:
1. Proof of ownership.
2. Signed fee agreement.
3. 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.
4. 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.
5. Total deposit for review of the application
6. 4_ Copies of the complete application packet and maps.
IIPC = 12; PZ= 10; GMC =PZ+5; CC = 7; Referral Agencies= I/ea.; Planning Staff=2
7. Site improvement survey including topography and vegetation showing the current status, including all
easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of
Colorado. (This requirement, or any part thereof, may be waived by the Community Development Department if
the project is determined not to warrant a survey document.)
8. Draft plat as proposed with new building envelope.
9. Additional materials as required by the specific review. Please refer to the application packet for specific
submittal requirements or to the code sections noted above.
10. 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.
11. Copies of prior approvals. (copy of existing plat)
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.
LAND USE APPLICATION
PROJECT:
Name: Hartrich Insubstantial Plat Amendment
Location: Lot 6, Maroon Creek Club
(Indicate street address, lot& block number, legal description where appropriate)
APPLICANT: Oj A.,W Pj: i e444e. - -/IN(,ee La--
Nam:: James G. Hartrich 84 16.ht i vf...vaytr,
Addr" : P. O. Box 12285, Aspen, CO 81612
P It o : 970-925-7816
REPRESENTATIVE:
Name: Richard Y. Neiley, Jr.
Address: Neiley & Alder, 201 North Mill Street, Suite 102, Aspen, CO 81611
Phone#: 970-925-9393
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 g Other: Insubstantial
❑ Lot Line Adjustment ❑ Text/Map Amendment Plat Amendment
EXISTING CONDITIONS: (description of existing buildings, uses,previous approvals, etc.)
single family residence within defined building and activity envelopes
PROPOSAL: (description of proposed buildings, uses, modifications, etc.)
Revision to building and activity envelopes because of slope instability area
Have you attached the following? FEES DUE: $ 560.00
p Pre-Application Conference Summary
p Attachment#1, Signed Fee Agreement
El Response to Attachment#2, Dimensional Requirements Form
El Response to Attachment#3, Minimum Submission Contents
El Response to Attachment#4, Specific Submission Contents
is Response to Attachment#5, Review Standards for Your Application
ATTACHMENT 2
DIMENSIONAL REQUIREMENTS FORM
Project: Hartrich Insubstantial Plat Amendment
Applicant: James G. Hartrich
Location: Lot 6, Maroon Creek Club
Zone District: THE APPLICANT DOES NOT PROPOSE ANY MODIFICATION TO THE
Lot Size: DIMENSIONAL REQUIREMENTS
II AAPPLICABLE TO THE SUBJECT
Lot Area: BUILDING ANDHACTIVITYEENVELOPESMINOR MODIFICATION TO THE
(for the purposes of calculating Floor Area, Lot Area may be reduced for areas
within the high water mark, easements, and steep slopes. Please refer to the
definition of Lot Area in the Municipal Code.)
Commercial net leasable: Existing: Proposed:
Number of residential units: Existing: Proposed:
Number of bedrooms: Existing: Proposed:
Proposed % of demolition (Historic properties only):
DIMENSIONS:
Floor Area: Existing: Allowable: Proposed:
Principal bldg. height: Existing: Allowable: Proposed:
Access. bldg. height: Existing: Allowable: Proposed:
On-Site parking: Existing: Required: Proposed:
% Site coverage: Existing: Required: Proposed:
% Open Space: Existing: Required: Proposed:
Front Setback: Existing: Required: Proposed:
Rear Setback: Existing: Required: Proposed:
Combined F/R: Existing: Required: Proposed:
Side Setback: Existing: Required: Proposed:
Side Setback: Existing: Required: Proposed:
Combined Sides: Existing: Required: Proposed:
Existing non-conformities or encroachments:
Variations requested:
JAMES G. HARTRICH
P. 0. Box 12285
Aspen, Colorado 81612
March 6, 1998
Aspen/Pitkin County Community
Development Department
130 South Galena Street
Aspen, Colorado 81611
Dear Sir/Madam:
Please accept this letter as my authorization for Richard
Y. Neiley, Jr. of Neiley & Alder, Attorneys to represent me in
connection with a land use application to be submitted in
connection with Lot 6, Maroon Creek Club. That land use
application may include, without limitation, a request for
insubstantial plat amendment to expand a building envelope.
Thank you for your attention to this matter.
Very truly ours,
James artrich
@Al
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Commitment for Title Insurance
Fidelity National Title Insurance Company
A Stock Company
li
COMMITMENT FOR TITLE INSURANCE
FIDELITY NATIONAL TITLE INSURANCE COMPANY,a Corporation,herein called the Company,for valuable
consideration,hereby commits to issue its policy or policies of title insurance,as identified in Schedule A,in favor
of the proposed insured named in Schedule A,as owner or mortgagee of the estate or interest covered hereby in
the land described or referred to in Schedule A,upon payment of the premiums and charges therefore;all subject
to the provisions of Schedules A and B and to the Conditions and Stipulations hereof.
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 hereof by the Company, either at the time of
the issuance of this Commitment or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and
obligations hereunder shall cease and terminate six(6)months after the effective date hereof or when the policy
or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or
policies is not the fault of the Company. This Commitment shall not be valid or binding until countersigned by an
authorized officer or agent.
IN WITNESS WHEREOF,the Company has caused this Commitment to be signed and sealed,to become valid
when countersigned by an authorized officer or agent of the Company,all in accordance with its By-Laws. This
Commitment is effective as of the date shown in Schedule A as "Effective Date."
Fideli ty Na tional Ti tle Insurance CCompany
in cc
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: SEAL =
FresIdent
10 ATTEST
Countersigned add Secretary
Authorize. at re
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FORM COMMITMENT ENT Valid Only if Schedule A and B are Attached
ALTA COMMITMENT-1966
The conditions of this commitment require that the premium and charges be paid prior to the issuance of the title policy(s).Therefore,no policy(s)will be issued
until the charges have been remitted to the issuing agent.
CONDITIONS AND STIPULATIONS
1. The term"mortgage",when used herein,shall include deed of trust,trust deed,or other security instrument.
2. If the proposed Insured has or acquires actual knowledge of any defect,lien,encumbrance,adverse claim or
other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than
those shown in Schedule B hereof,and shall fail to disclose such knowledge to the Company in writing,the
Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the
extent the Company is prejudiced by failure 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 of 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,
exclusion from coverage,and the Conditions and Stipulations 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. Any claim of loss or damage,whether or not based on negligence,and which arises out of the status of the title
to the estate or interest or the lien of the insured mortgage covered hereby or any action asserting such claim,
shall be restricted to the provisions and Conditions and Stipulations of the Commitment.
ENT
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
1 . Effective Date : 01/15/98 at 08 : 30 A.M.
Case No. PCT12602
2 . Policy or Policies to be issued:
(a) ALTA Owner ' s Policy-Form 1992 Amount$ 1, 400 , 000 . 00
Premium$ 1, 527 . 00
Proposed Insured: Rate :RE-ISSUE
JAMES G. HARTRICH
(b) ALTA Loan Policy-Form 1992 Amount$
Premium$
Proposed Insured: 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:
TIEHACK THREE, LLC, A COLORADO LIMITED LIABILIT COMPANY, AS TO AN
UNDIVIDED 33% INTEREST
LADISLAV HECHT, AS TO AN UNDIVIDED 6 . 03% INTEREST
STEPHEN J. MARCUS, AS TO AN UNDIVIDED 36 . 85% INTEREST
ANDREW V. HECHT, AS TO AN UNDIVIDED 22 . 78% INTEREST
SJM ASSOCIATES, INC. , A COLORADO CORPORATION, AS TO AN UNDIVIDED
1 . 34% INTEREST
4 . The land referred to in this Commitment is situated in the County
of PITKIN, State of COLORADO and is described as follows :
LOT 6, MAROON CREEK CLUB, as shown on the Final Subdivision Plat &
PUD for Maroon Creek Club, recorded November 15, 1993 in Plat Book
33 at Page 4 .
PITKIN COUNTY TITLE, INC. Schedule A-PG. 1
601 E . HOPKINS This Commitment is invalid
ASPEN, CO . 81611 unless the Insuring
970-925-1766 Provisions and Schedules
970-925-6527 FAX A and B are attached.
AUTHORIZED AGENT
FNT
SCHEDULE B - SECTION 1
REQUIREMENTS
The following are the requirements to be complied with:
ITEM (a) Payment to or for the account of the grantors or mortgagors
of the full consideration for the estate or interest to be insured.
ITEM (b) Proper instrument (s) creating the estate or interest to be
insured must be executed and duly filed for record to-wit :
1 . Partial Release by the Public Trustee of the,
Deed of Trust from : TIEHACK THREE, LLC. A COLORADO LIMITED LIABILITY
COMPANY to the Public Trustee of the County of Pitkin
for the use of : ALPINE BANK-ASPEN BRANCH
to secure : $1, 550, 000 . 00
dated : September 9 , 1996
recorded : September 13 , 1996
reception no . : 397009
2 . Deed from : NEW TIEHACK III , LLC, A COLORADO LIMITED LIABILITY
COMPANY, LADISLAV HECHT, STEPHEN J. MARCUS, ANDREW V. HECHT, SJM
ASSOCIATES, INC. , A COLORADO CORPORATION
To : JAMES G. HARTRICH
3 . Duly acknowledged certificate of the authorized Managing Agent or
Board of Directors of MAROON CREEK CLUB HOMEOWNERS ASSOCIATION
certifying that there are no assessments for common expenses which
remain unpaid or otherwise constitute a lien on the subject property.
4 . Evidence satisfactory to the Company that the Real Estate Transfer
Tax as established by Ordinance No. 20 (Series of 1979) and Ordinance
No. 13 (Series of 1990) has been paid or exempted.
5 . Certificate of nonforeign status executed by the transferor (s) . (This
instrument is not required to be recorded)
6 . Evidence satisfactory to the Company that the Declaration of Sale,
Notice to County Assessor as required by H.B . 1288 has been complied
with. (This instrument is not required to be recorded, but must be
delivered to and retained by the Assessors Office in the County in
which the property is situated)
7 . Completion of Form DR 1079 regarding the witholding of Colorado Tax
on the sale by certain persons, corporations and firms selling Real
Property in the State of Colorado . (This instrument is not required
to be recorded)
FNT
SCHEDULE B SECTION 2
EXCEPTIONS
The policy or policies to be issued will contain exceptions to the
following unless the same are disposed of to the satisfaction of the
Company:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3 . Discrepancies, conflicts in boundary lines, shortage in area, encroachments,
any facts which a correct survey and inspection of the premises would disclose
and which are not shown by the public records.
4 . Any lien, or right to a lien, for services, labor, or material 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 . Taxes due and payable; and any tax, special assessment, charge or lien imposed
for water or sewer service or for any other special taxing district.
7 . Right of the proprietor of a vein or lode to extract and remove his
ore therefrom, should the same be found to penetrate or intersect the
premises hereby granted and right of way for ditches or canals
constructed by the authority of the United States as reserved in
United States Patents recorded March 15, 1992 in Book 55 at Page 21,
August 26 , 1911 in Book 55 at Page 189, August 26 , 1911 in Book 55
at Page 191, September 13 , 1934 in Book 162 at Page 400 , June 16,
1944 in Book 167 at Page 562 and May 20, 1953 in Book 180 at Page
155 .
8 . Easements, rights of way and all matters as disclosed on Plat of
subject property recorded November 15, 1993 in Plat Book 33 at Page
4 and Amended Sheet 2 recorded March 31, 1994 in Plat Book 34 at
Page 23 and Assignment of Plat to Maroon Creek Limited Liability
Company recorded February 17, 1994 in Book 742 at Page 117 and 121 .
9 . Those terms , conditions, provisions, obligations , easements,
restrictions, assessments and all matters as set forth in Master
Declaration of Protective Covenants for Maroon Creek Club recorded
December 2 , 1993 in Book 733 at Page 598 and First Amendment thereto
recorded February 17, 1994 in Book 742 at Page 83 , Assignment and
Designation of Successor Declarant for Maroon Creek Club recorded May
11, 1994 in Book 750 at Page 242 , Second Amendment thereto recorded
' June 8 , 1994 in Book 752 at Page 754 and Amended and Restated Third
Amendment thereto recorded July 26 , 1994 in Book 756 at Page 597,
Fourth Amendment thereto recorded July 26 , 1994 as Reception No.
396947, and Assignment of Successor Declarant for Maroon Creek Club,
deleting therefrom any restrictions indicating preference,
limitation or discrimination based on race, color, religion, sex,
handicap, familial status or national origin.
(Continued)
NT
10 . Terms, conditions, provisions, obligations and all matters as set
forth in Subdivision Improvements Agreement recorded November 12 ,
1993 in Book 730 at Page 606 .
11 . Terms, conditions, provisions, obligations and all matters as set
forth in Final Plat Resolution of the Board of County Commissioners
recorded August 13 , 1993 in Book 721 at Page 245 as Resolution No.
93-104 .
12 . Avigation Easement granted to Pitkin County recorded November 12 , 1993
in Book 730 at Page 690 .
13 . Terms, conditions, provisions and obligations of Water Service
Agreement between The City of Aspen and Pearce Equities Group II,
Limited Liability Company, a Utah Limited Liability Company, recorded
November 15, 1993 in Book 730 at Page 797, Assignment and Assumption
of Water Lease Agreement recorded November 15 , 1993 in Book 730 at
Page 865, Assignment and Assumption Agreement recorded January 7,
1994 in Book 737 at Page 899 and Amended Assignment and Assumption
Agreement recorded April 11, 1994 in Book 747 at Page 191.
14 . Terms, conditions, provisions and obligations as set forth in Trench,
Conduit and Vault Agreement with Holy Cross Electric Association,
Inc . , recorded July 11, 1994 in Book 755 at Page 55 .
15 . Terms, conditions, provisions, obligations and all matters as set
forth in Resolution of the Board of County Commissioners recorded
August 28 , 1995 in Book 791 at Page 821 as Resolution No. 95-128 .
16 . Any loss or damage resulting from Civil Action 96 CV 51-3 and 96 CV
72-3 .
This commitment is invalid unless Schedule B-Section 2
the Insuring Provisions and Schedules Commitment No. PCT12602
A and B are attached.
FNT
ADDITIONAL INFORMATION
AND DISCLOSURES
The Owner' s Policy to be issued, if any shall contain the following
items in addition to the ones set forth above :
(1) The Deed of Trust, if any, required under Schedule B-Section 1 .
(2) Water rights, claims or title to water. (NOTE: THIS EXCEPTION
WILL APPEAR ON THE OWNER' S AND MORTGAGE POLICY TO BE ISSUED
HEREUNDER)
Pursuant to Insurance Regulation 89-2 ;
NOTE : Each title entity shall notify in writing every prospective
insured in an owner' s title insurance policy for a single family
residence (including a condominim or townhouse unit) (i) of
that title entity' s general requirements for the deletion of an
exception or exclusion to coverage relating to unfiled mechanics
or materialmens liens, except when said coverage or insurance is
extended to the insured under the terms of the policy. A
satisfactory affidavit and agreement indemnifying the Company
against unfiled mechanics ' and/or Materialmen' s Liens executed
by the persons indicated in the attached copy of said affidavit
must be furnished to the Company. Upon receipt of these items
and any others requirements to be specified by the Company upon
request, Pre-printed Item Number 4 may be deleted from the
Owner' s policy when issued. Please contact the Company for
further information. Notwithstanding the foregoing, nothing
contained in this Paragraph shall be deemed to impose any
requirement upon any title insurer to provide mechanics or
materialmens lien coverage .
NOTE : If the Company conducts the owners or loan closing under
circumstances where it is responsible for the recording or
filing of legal documents from said transaction, the Company
will be deemed to have provided "Gap Coverage" .
Pursuant to Senate Bill 91-14 (CRS 10-11-122) ;
(a) The Subject Real Property may be located in a Special Taxing
District ;
(b) A Certificate of Taxes Due listing each taxing jurisdiction
may be obtained form the County treasurer of 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 : A tax Certificate will be ordered from the County Treasurer by
the Company and the costs thereof charged to the proposed insured
unless written instruction to the contrary are received by the
company prior to the issuance of the Title Policy anticipated by
this Commitment .
This commitment is invalid unless Schedule B-Section 2
the Insuring Provisions and Schedules Commitment No. PCT12602
A and B are attached.
FIDELITY
NATIONAL
TITLE
INSURANCE
COMPANY
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Al AIJ
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Fidelity National Title Insurance Company
17911 Von Kaman Avenue, Suite 500
Irvine, CA 92614-6253
WILL M L U K E S + A S S O C I A T E S
P R O J E C T M A N A G E M E N T
A R C H I T E C T U R E
5 March 1998
James Hartrich
Post Office Box 12285
Aspen, Colorado 81612
re: Maroon Creek Club Lot 6
Site and Architecture Review Committee Approvals
Jaime:
This will confirm that the Site and Architecture Review Committee of the Maroon Creek Club Master
Association, by a vote of the Committee members present at the March 4, 1998 meeting, granted the
following approval:
Schematic Plan [preliminary] Architectural and Landscape Approvals for Lot 6 as
provided by the Maroon Creek Club Design Guidelines based on undated plans
received 2/18/98.
This is a preliminary approval. Approval to proceed with construction was not
included in the approval granted.
By the vote of the Committee members present, this approval is subject to the following conditions:
Standard Conditions of Approval:
1. No variances from the Maroon Creek Club Design Guidelines are given or implied by this
approval, except as specifically identified herein.
2. Payment to the Association of the Design Review Fee prior to the next review if this fee has not
already been paid and payment to the Association of the Road Impact Fee prior to the start of
construction.
3. Prior to the start of construction, the owner must have completed the following;
A. Signed and returned the enclosed Agreement Regarding Final Landscape and Irrigation
Plans which provides that the owner agrees to immediately cease all construction
activity on the site upon written notice from the Association if the Site and Architecture
Review Committee has not approved a final landscape plan. Such notice may be sent
at any time after a date forty-five (45) calendar days after the date of Final (construction
document) Architectural Approval. The owner must further stipulate that construction
activity will not resume until a final landscape plan is approved by SARC.
POST OFFICE Box 8289
ASPEN COLORADO
51611
970.920.6929 1'A\ 920.0986
5 March 1998
Page 2
B. Signed and returned the enclosed Maroon Creek Club Master Association Landscape
and Grading Completion Guaranty.
C. Provided a Letter of Credit or equivalent financial security in the amount of Seventy-Five
Thousand Dollars [$75,000.00] provided in a form and from a source as is acceptable
to the Association, all as provided in the Landscape and Grading Completion Guaranty.
Specific Conditions of Approval:
4. Schematic Approval was given for a variance from the Building Envelope of up to 10' to allow
construction in the Development Envelope and Road Margin as shown on the survey submitted
at the meeting, due to the existing soil conditions on the site.
5. Schematic Approval was given for a variance from the floor heights shown in the Site Specific
Design Guidelines of not more than an 18" increase in floor elevation, due to the existing soil
conditions on the site.
6. Schematic Approval was given for variances to allow portions of the north and south walls of the
living room wing to exceed 20', subject to the owner considering wall offsets which would limit
the uninterrupted heights of these walls to 20'.
7. ' Additional trees are to be provided in the areas identified by SARC at the meeting. The . -
approximate number of additional trees will be 55 aspens and 2 spruce trees. Additional
screening along the north property line will be required.
8. Revise retaining wall outside of the envelopes on the south side of the house to comply with the
Design Guidelines.
9. Develop the design for the deck on the north side of the house which is consistent with the
Design Guidelines.
Please be advised that the approvals granted by Pitkin County for the Maroon Creek Club require that
the Club obtain a written certification, signed by a licensed architect, as to the floor areas for the project,
calculated by the method specified in the approvals, and that this certification also be included in any
application for a building permit.
Approval by the Site and Architecture Committee of the Maroon Creek Club Master Association does not
constitute an assurance that the design of the project or the application complies with all applicable
provisions of the County approvals for the Maroon Creek Club or that a building permit will be issued.
It is the owner's responsibility to obtain building and other permits as may be required by the City of
Aspen.
Please let me know if you have any questions regarding the Committee's action, or if we can be of any
further assistance. We will return one set of the approved plans to you for the owner's records upon
payment of the required fees and deposits, as determined by the Association.
(A.) L(LA
William Lukes AIA
Architectural Advisor,
Maroon Creek Club Master Association
encl.
copies w/o encl: Gary Albert, President, MCC Master Association
Fred Durham, General Manager, Maroon Creek Club
John Dickow, SARC
•b