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HomeMy WebLinkAboutcoa.lu.pu.Maroon Creek Club Lot 6.A014-982735-112-02-006 A014-98 Maroon Creek Blub Lot 6 Insubstantial Amendment to PUD "I Y%('�112-- 1.1 0237 COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5090 City of Aspen Land Use: 1041 Deposit 1042 Flat Fee 1043 HPC 1046 Zoning and Sign Referral Fees: 1163 City Engineer 1205 Environmental Health 1190 Housing Building Fees: 1071 Board of Appeals 1072 Building Permit 1073 Electrical Permit 1074 Energy Code Review 1075 Mechanical Permit 1076 Plan Check 1077 Plumbing Permit 1078 Reinspection Other Fees: 1J� Copy 1302 GIS Maps 1481 Housing Cash in Lieu 1383 Open Space Cash in Lieu 1384 Park Dedication 1468 Parking Cash in Lieu Performance Deposit 1268 Public Right-of-way 1 164 School District Land Ded. TOTAL NAME:aADDRESS/PROJECT: �rJU b T'' l� A vv W PHONE: `97rr1 ? ( -A YJ CHECK# l9� CASE/PERMIT#: •I # OF 'C, OPIES: DATE: `� ► INITIAL: PARCEL ID. 2735 112-02 006 DATE RCVD 03/06/98 E CASE N A014 98 CASE NAME: Maroon Creek Club Lot 6 Insubstantial Amendment a PLNR. Chris Bendon PROJ ADDR: Lot 6, Maroon Creek PUD CAS IMMInsubstantial Amendment STEPSStaff OWN/APP iaTrich, James G. D, P.O. Box 12285 CIS/Z:'. Aspen, CO 81612 HN:j925-7816 RE ' Neiley, Richard Y. Jr. DR ' 201 N. Mill Suite 102 -, C/S12: Aspen, CO 81611 PHN:j925-9393 FEES DUE: 450+110eng=560 FEES RCVD:r560 STA REFERRALS! REF MTG DATE Wa�Adda. NOTICED yam... I yv.� , DATE OF FINAL ACTION:�3, CITY COUNCIL:[ REMARKS P2:- ,, . BOA: CLOSED-[ ��—�---�-�� DRAC: PLAT SUBMITD: PLAT (BK,PG):i ADMIN4 Rrnr MEMORANDUM TO: Stan Clauson, Community Development Director n?pBO\10 THRU: Julie Ann Woods, Deputy Directo FROM: Christopher Bendon, PlannerAJIN? O RE: Maroon Creek Club Lot #6 Insubstantial PUD AmendnOtF 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 46 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 SOLIth of the Tichack Lift on the East side of Tiehack Road. ZONING: R-15A-PUD. (Pitkin County PUD approval) REVIEW PROCEDURE: Insubstantial amendments to an approved PUD may be approved by the Community Development Director, pursuant to Section 26.84.080. 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 Devc lohment 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. 1.. date• Stan C auson, 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 Findingi 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 Finding; 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 artivit�i and building enwalopes 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. l NEILEY & ALDER ATTORNEYS Richard Y. Neiley, Jr., P.C. Eugene M. Alder, P.C. HAND DELIVERY Mr. Chris Bendon City of Aspen 130 South Galena Street Aspen, Colorado 81611 201 North Mill Street, Suite 102 Aspen, Colorado 81611 (970) 925-9393 March 6, 1998 Re: Insubstantial Plat Amendment Lot 6, Maroon Creek Club Dear Mr. Bendon: FAX Number (970) 925-9396 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- Thompson, Inc., Engineers, which 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, §26.88.060. 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, NE H EY & ALDER 1 RAchdrd 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. HPC = 12; PZ = 10; GMC = PZ+5; CC = 7; Referral Agencies = 1/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. PROJECT: LAND USE APPLICATION Name: Hartrich Insubstantial Plat Amendment Location: Lot 6, Maroon Creek Club (Indicate street address, lot & block number, legal description where appropriate) APPLICANT: Nam James G. Hartrich /� �tQ,y�,�bt►, Addr P. 0. Box 12285 Aspen, CO 81612 P ne 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 YPE OF APPLICATION: (please check all that apply): Conditional Use Conceptual PUD Conceptual Historic Devt. Special Review Final PUD (& PUD Amendment) Ej Final Historic Development Design Review Appeal Conceptual SPA Minor Historic Devt. GMQS Allotment Final SPA (& SPA Amendment) Historic Demolition GMQS Exemption Fj Subdivision Historic Designation ESA - 8040 Greenline, Stream Subdivision Exemption (includes Ej Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane Lot Split Temporary Use 0 Other: Insubstantial 0 Lot Line Adjustment E] 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 FRI Pre -Application Conference Summary 0 Attachment #1, Signed Fee Agreement Fx� Response to Attachment #2, Dimensional Requirements Form Fx-] Response to Attachment #3, Minimum Submission Contents 0 Response to Attachment #4, Specific Submission Contents 0 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: DIMENSIOONAL REQUIREMENTS APPLICABLE TO THE SUBJECT Lot Area: OTIING 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. O. 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 Commitment for Title Insurance Fidelity National Title Insurance Company A Stock Company 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 orpolicies of title insurance and all liabilityand 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." Countersigned Authorize FidelityAbtioml Title Insurance Company , BY Po SEAL 0 President ATTEST se«etary FORM 27-83-66 (9/94) 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. 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. FNT COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: 01/15/98 at 08:30 A.M. 2. Policy or Policies to be issued: (a) ALTA Owner's Policy -Form 1992 Proposed Insured: JAMES G. HARTRICH (b) ALTA Loan Policy -Form 1992 Proposed Insured: Case No. PCT12602 Amount$ 1,400,000.00 Premium$ 1,527.00 Rate:RE-ISSUE 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: TIEHACK THREE, LLC, A COLORADO LIMITED LIABILIT COMPANY, AS TO AN UNDIVIDED 3301 INTEREST LADISLAV HECHT, AS TO AN UNDIVIDED 6.03o INTEREST STEPHEN J. MARCUS, AS TO AN UNDIVIDED 36.85% INTEREST ANDREW V. HECHT, AS TO AN UNDIVIDED 22.78o INTEREST SJM ASSOCIATES, INC., A COLORADO CORPORATION, AS TO AN UNDIVIDED 1.3401 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. 601 E. HOPKINS ASPEN, CO. 81611 970-925-1766 970-925-6527 FAX AUTHORIZED AGENT Schedule A-PG.1 This Commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. 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) FNT 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 Fidelity National Title Insurance Company 17911 Von Karmn Avenue, Suite 500 Irvine, CA 92614-6253 W I L L M LUKES + ASSOCIATES P R O J E C T At A N A G E N1 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 81612 970.9:o.6929 IAX 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. �Y 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. � L(" 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 .r Mop PON I ts, MW WFo 70A40 FA ME I = AM IM46 AIM, NMI WOOD- 1IM1PPVL-1 pv� A- L 0 0 QW-mm-Sic a 10 20 0 O� S l0 ti O J U 2 m rn 0 LO Cr i • • I.I 1-7% • • .tccvrdWW to CoA wdo laws you f eat convnenm any Agal aehon bared W— any defect in this' —Vey toia- t/— years Wr— you first discover svcA defect !n no event may any Agat achon bared capon any defect in Mss surwy be commenced mom than ten years Awm a* date of the cwtyl'aatYbn sAiomn Aereon PROPOSED AMEIVADME]VT LOT 6 OF THE FINAL SUBDIVISION PLAT and PUD FOR MAROON CREEK C1; UE, T.10 S .1 R 85 W., CITY OF ASPEN, CO UNT 7 OF SECTIONS 2, 3 and 11, OF THE 6 th R M. PITKIN, STATE OF COLORADO UNE TABLE LINE LENGTH I BEARING Li 700 NO835 J6'W L2 12.00 S6124 24'W L3 17.00 S89 4820 E L4 14.39 N08U808 E CURS£ TABLE CURIE LENGTH RADIUS TANGENT CHARD D/ST. BEARING DELTA C! 38.23 300.00 19.14 1 38.20 1 S0456 34 E 0778'04' GRAPHIC SCALE 20 0 10 20 40 so Di FEET 1 inch - 20 ft.. Surveyor's Certificate: /, Stephen L. Ehlers, being a Registered Land Surveyor in the State of Colorado, do hereb certify that this improvement survey was made J'er my supervision and is true • and correct to the best of my belief and know/edge. / further certify that the irnprowments or the above described parcel on this date, Feb. 12, 1998, except utility connections are entirely within the boundaries of the parcel, except as • shown, that there are no encro meets upon the described premises by improvements on any adjoining premises except. as indicated, and that there is no apparent evi ®/(1 n of any easement crossing or burdening onye `,it G. We/, except as noted. ®Z, L. Notes: e 6 ��� �oomce®o°o Ycn Date 1. The entire lot area, except the building and activity envelopes, are subject to easements for utilities, irrigation, drainage, signs, trails, golf course etc. as noted on the final plot of Maroon Creek Club. See the final plot for the complete language of these easements. 2. Entire lot is subject to Avrgotion Easement recorded in Book 730 at Page 690. J. Description: Lot 6, MAROON CREEK CLUB, as shown on the final Subdivision Plat d' P.U.D. for Maroon Creek Club, recorded November 15, 1993 in Plat Book 33 at Page 4. 4. Bearings are based on found monuments as shown. 5. This map has been prepared pursuant to client request to monument the exterior boundaries of this property. This map does not represent and improvement survey or improvement location certificate. 6. This survey does not represent a title search by this surveyor to determine ownership or to discover easements or other encumbrances of record. All information pertaining to ownership, easements or other encumbrances of record has been taken from Scedu/e B Title Commitment Case No. PCT12602 issued by Pitkin County Title, Inc. Aspen, Colorado dated 01115198. 7. Fences are shown hereon for information only and do not necessorilly represent limits of ownership. 8. Due to snow cover at the time of this survey some improvements may not be shown and the topogrophy may not be complete.