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HomeMy WebLinkAboutLand Use Case.25 Steeplechase Dr.0036.2009.ASLU 40 THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0036.2009.ASLU PARCEL ID NUMBERS 273514316009 PROJECTS ADDRESS 25 STEEPLECHASE PLANNER JENNIFER PHELAN CASE DESCRIPTION PUD AMENDMENT REPRESENTATIVE ALI GIDFAR 303669 3370 DATE OF FINAL ACTION 7/26/2013 CLOSED BY ANGELA SCOREY ON: 12/04/13 T- I tq , n File Edit Record Navigate Form Reports Format Tab Help — — s X36 -' Main Valuation Custom Fields !Actions j Fees Parcels Fee 5ummarY ;Sub Permits Attachments Routing Status +Routing <i P Permit Type laslu —Aspen Land Use Permit#0036,2009.ASLU Address 125 STEEPLECHASE AptlSuite man I City ASPEN � State CO Zip 81611 Permit Information Master Permit Routing Queue aslu07 Applied 06110 002 l 4 Project Status 1pencling Approved F j Description riNAL PUD AND AMENDMENT Issued 1 Final E Submitted JALI GIDFAR 303 669 3370 Clock lRunning Days F-� o Expires 0610512010 i Owner Last Name TALLMAN First Name ]OE 380 INCA PKY { I BOULDER CO 80303 f Phone W Owner Is Applicant? Applicant TALLMAN First ]OE 380 INCA PKY Last Name I t N ( ---- Phone Cust# 22927 _ -- BOULDER CO 80303 Lender j Last Name First Name F t ? E I Phone ( i f � c Permit lenders full address AspenGold(b) Record:1 of 1 4 t Y Jennifer Phelan From: Gary Beach [gary@beachresource.com] Sent: Wednesday, August 26, 2009 10:57 AM To: Jennifer Phelan Subject: Re: FW: Highlands PUD Amendment- bedrooms Jennifer, We received an approval from the Board to go to five but we have not received an approval for unlimited bedrooms. However, before we make a final determination, let me confirm that there has not been a change of mind. I am aware that Joe has contacted some of the Board members and may have new information. gary Jennifer Phelan wrote: Hi Gary: I wanted to follow-up on the email I sent to you in June. In June I suggested that we process a PUD amendment repealing bedroom caps, as the size of a residence is capped in the Highlands PUD. I noted that if you were amenable to this, staff would just need a letter of consent from the master HOA and I would process it through the Tallmans' land use application. I'm sure that they would like to submit a change order to add additional bedrooms to their proposed home at 25 Steeplechase Drive, so if you could respond to this email it would be greatly appreciated. Thanks,Jennifer je4u t heta vv,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 From: Jennifer Phelan Sent: Tuesday, June 23, 2009 2:25 PM To: 'Gary Beach' Cc: 'Jim Korpela' Subject: Highlands PUD Amendment - bedrooms Hi Gary: I'm writing you in regard to the Insubstantial PUD application submitted with regard to Lot 9, Block G of the Aspen Highlands PUD.The request is with regard to the number of bedrooms allowed in a residential dwelling in the subdivision.There are a couple of discrepancies between the application submitted and the letter you provided dated June 4, 2009, and after discussing the application with the rest of staff I'd like to propose an alternative. The application submitted by Studio 303, Inc. on behalf of the property owners requests that all free-market residential dwellings on Block G be allowed to be built with an unlimited number of bedrooms compared to the 4 bedroom cap adopted as part of the PUD(other blocks are capped at 5 bedrooms).The letter you submitted, as the association 1 manager for Aspen Highlands Village Association, consents to solely allow Lot 9 of Bock G to build a fifth bedroom. At the very least the request needs to be clarified; however, I would suggest the following course of action. The free market residential units are capped in allowable floor area while the affordable housing units are already built. After discussing the application with staff, I would suggest repealing any caps on bedrooms for the entire subdivision with the caveat that any additional fees be paid, such as the Park Impact Fee, associated with added bedrooms. Additionally, if an affordable housing unit wishes to add a bedroom, the consent of the Aspen Pitkin Housing Authority be required. Since the size of the home cannot change and the use of the property cannot change, it seems somewhat beside the point to regulate a programmatic element within a building. If this potential direction for a PUD amendment interests you, we would need a letter of consent to repeal the bedroom caps throughout the subdivision by the master HOA. It is my understanding that there may be multiple HOAs within the subdivision. I'm also happy to answer any questions you may have. Regards,Jennifer Je*uufe.Y t heta vi,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 2 ATTACHMENT 2-LAND USE APPLICATION J PROJECT: Name: G LC- r.O N I t__J ((J l�f�_t.C� n Location: �/� `� � C c( 1 n �P(Fm Indicate street address, lot&block number,legal description where appropriate) Parcel ID#(REQUIRED) APPLICANT: Name: >O t -f- ��� � � U-- M --3 Address: Phone#: REPRESENTATIVE: Name: to Address: tV - -4- ST , (S (� ��U1.77tYL X30 Phone#: 3 �►3 • X 6 9 . 3 3 0 TYPE OF APPLICATION:(please check all that apply): ❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use ❑ GMQS Allotment ,r 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 ❑ Lot Line Adjustment ❑ Other: ❑ Conditional Use EXISTING CONDITIONS: (description of existing buildings,uses,previous approvals,etc. 13 C(,-s �nIST'�is C-T-1,%to PROPOSAL: (description of proposed buildings,uses,modifications,etc. AMMO AKV PV0 To MOh1F1 41- 6 T*->� 7bR-k�.%+MS A 4G-n rT2 o v-k + Tiv U'Q E-C-) 7V-1C_ N14t1k--4 o til Nt LIC-t 46 CJ fa-H 0 a D Have you attached the following? FEES DUE:$]Z . w4 ❑ Pre-Application Conference Summary ❑ Attachment#1,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-D model. Aspen Highlands Village PUD amendment —Joe Tallman 090606 Responses to Land Use Regulations section 26.445.100 questions: 1. A change in the use or character of the development: a. This application is not a request of change in use or character 2. An increase by more than 3% in the in the overall coverage of structures on the land: a. This application does not request an increase in the overall coverage of structures on the land. 3. Any Amendment that substantially increases trip generation rates of the proposed development or the demand for public facilities: a. The proposed revision to the PUD should not affect traffic counts— there will be no increase in allowed areas. 4. A reduction by greater than 3% of the approved open space: a. The proposed PUD amendment will not alter site allowed coverage of buildings. 5. A reduction by greater than 1% of the off street parking and loading space: a. As the requested change in the PUD does not affect building coverage or allowable building areas, there should be no impact on off-street parking. 6. A reduction in the required pavement widths or rights of way for streets and easements: a. The PUD amendment does not seek any changes to pavement widths or rights of way. 7. An increase of greater than 2% in the approved gross leasable floor area of commercial buildings: a. The proposed PUD amendment does not seek any changes to commercial buildings. 8. An increase by great than 1% in the approved residential density of the development: a. The PUD does not affect residential densities, as the overall neighborhood plan remains the same. 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: a. The PUD amendment requested does not alter the original intent of the PUD — no changes in approved uses or dimensional requirements. document June 5, 2009 Drew Alexander City of Aspen Community Development Department 3'd floor, City Hall 130 S. Galena Street Aspen, CO 81611 Dear Drew Attached please find our application requesting a change to the Aspen Highlands Village PUD document, originally prepared by Robert A.M. Stern architects, dated June 1998. We request that the current requirement for Free Market residential units in the Maroon Neighborhood (Block G) for maximum allowed number of bedrooms to be increased form 4 to unlimited. This information is contained in the original PUD filing within Table 1. Resp Ily ubmitted, idfar Principal, studio 303, Inc. studio 303,Inc 2510 N,471"Street,Unit H 303 386 3322 tel Boulder,CO 80301 303 442 4466 fax ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM _rr Project: Applicant: (-Z ( C 1 -W ---'lath--M t4V� Location: 25 Zone District: 'F--t K_ P Q Q Lot Size: — a Lot Area: 0 (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:_P4W Proposed: Nll#Artz�> 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: Distance Between Existing Required: Proposed: Buildings Existing non-conformities or encroachments: Variations requested: 4w 8 0 9 2009 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMEWT -i Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN(hereinafter CITY)and J 0� -T-P6--T-P6-L-" P—L O V (hereinafter APPLICANT)AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for S r is G uc- F-l ► (�-t t� b c,c' ,2,\7- s r 2- (hereinafter,THE PROJECT). As PL-{ 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 full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the 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$ which is for ?-1 O D hours of Community Development staff time, and if actual recorded costs e�ceed the initial deposit,' eposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above,including post approval review at a rate of$235.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing,and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT By: By: Chris Bendon e: /./�� f V� Community Development Director D (P Billing Address and Telephone Number: JUN 0 9 2009 CITY OF ASPEN i'= < PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Drew Alexander, 970-429-2739 DATE: 06/02/09 PROJECT: 25 Steeplechase Drive; AHV PUD Amendment REPRESENTATIVE: Ali Gidfar, 303-386-3322 OWNER: Joe Tallman TYPE OF APPLICATION: Amendment to PUD DESCRIPTION: The owner has requested an amendment to the official Aspen Highlands Village (AHV) PUD. The amendment would allow homes with bedroom counts that exceed what is presently allowed, primarily in the Maroon Creek and Thunderbowl Neighborhoods (Blocks A and G). Currently, the Thunderbowl Neighborhood allows for a maximum of five (5) bedrooms per dwelling unit and the Maroon Creek Neighborhood allows for a maximum of four(4) bedrooms per dwelling unit. The Applicant would like to change the AHV PUD restrictions to allow for any number of bedrooms for single-family development. Staff has advised that bedrooms in excess of the original allotted amount in the AHV PUD would be subject to City fees. Those fees are: TDM/Air Quality and Parks Development (School Lands Dedication fees would not be subject to this amendment and the additional bedrooms, being that when a dwelling unit exceeds four(4) bedrooms, the fee does not continue to rise). Below is a link to the Land Use application Form for your convenience. http://www.aspenpitkin.com/pdfs/depts/41/landuseappform.pdf Land Use Code Section(s) 26.445.100 Amendment of PUD development order 26.304 Common Development Review Procedures Follow link below to view the City of Aspen Land Use Code http://www.aspenpitkin.com/depts/38/citycode.cfm Review by: Community Development Staff for complete application Public Hearing: Not required for this review. Planning Fees: $735 for Administrative Community Development Staff Review. This includes three (3) hours of staff review time. Additional time over three (3) hours will be billed at $245 per hour. Total Deposit: $735.00 Total Number of Application Copies: 2 Copies, including appropriate drawing for board review (HPC = 12; PZ = 10; CC = 7; Referral Agencies = 1/ea.; Planning Staff= 2) To apply, submit the following information: 2j"Total Deposit for review of application. Ef Pre-application Conference Summary. 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. 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 d monstrating the owner's right to apply for the Development Application. Completed Land Use application and signed fee agreement. n 8 1/2" x 11" vicinity map locating the subject parcels within the City of Aspen. (� 2 copies of the complete application packet and maps. 2A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application § 26.445.100 Amendment of PUD development order. �6/A letter from the appropriate HOAs authorizing the application and its submittal, including authorization for the representative. 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. Aspen Highlands Village Association 0133 Prospector Rd, Suite 4210 Aspen, CO 81611 (970) 925-3475 June 4, 2009 City of Aspen Community Development Department 130 S. Galena Street Aspen, CO 81611 Re: Minor Modification to PUD Dear City Staff: The Aspen Highlands Village Association has met with the proponent Mr. Joe Tallman, owner of Lot 9, Block G of the Aspen Highlands Planned Unit Development. Mr. Tallman has provided plans for the construction of a new home, which proposes to have five bedrooms. The Design Review Board has completed its review of the home and finds it to comply with all design guidelines of Aspen Highlands Village. In addition,the Board of Directors for the Aspen Highlands Village Association has specifically reviewed a request for the addition of a fifth bedroom to this home and has approved this request as of June 2, 2009. The Association does not believe the addition of a bedroom to this home will have any negative impact to the Association or its members. We are also aware that this home is proposed to be constructed at less than the maximum square footage allowed by the AHV PUD. Consequently, the Board of Directors of the Aspen Highlands Village Association has instructed me to advise the City of its approval of a fifth bedroom in the Tallman Home on Lot 9, Block G Aspen Highlands Subdivision, and the minor amendment to the PUD that is being requested. Should you have any questions please feel free to give me a call. Sincerely, B Y ach Association Manager 0311 tallman 5ffi bd approval Am Elizabeth and Joe Tallman 380 Inca Parkway Boulder, CO 80303 303-909-0126 June 5, 2009 Drew Alexander City of Aspen Community Development Department Xd floor, City Hall 130 S. Galena Street Aspen, CO 81611 Dear Drew I would like to let you know that the following are the specifics for our authorized representative with regard to the Amendment to the Aspen Highlands Village PUD you are processing: Ali Gidfar, Principal Studio 303, Inc. 2510 N. 47t" Street, Unit H Boulder, CO 80301 303-669-3370 Please don't hesitate to contact either of us if you have questions, Sincerely, Joe Tallman June 6,2009 To Whom It May Concern: This statement is provided as an affirmation of the ownership of Lot 9, Block G,The Aspen Highlands Village P.U.D. This lot is jointly owned by Joseph P.Tallman and Elizabeth M.Snowden,husband and wife, who reside at 380 Inca Parkway, Boulder,C080303. There are no mortgages or any other financial encumbrances on the property for which we paid cash on September 16, 2005. i Joseph P.Tallman &4A-� Elizabeth M.Snowden CITY OF ASPEN AM OF ASPEN HRM PAID FT-I' PAID DATE REP DAT Ell REP No. ,r � I�' Cam' i�� �' Z.��•�r��-� __.._ ._ �� � ` 'J � ��l � `��-- ri�;� Filed for record the cmay of ,A.D. , at o'clock M. RECORDER.F Reception No. -,_ 8y DEPUTY. WARRANTY DEED THIS DEED, Made on th'ra day of September 2005 between LOT 9 HIGHLANDS, LL£:!, A COLORADO LIMITED LIABILITY COMPANY r, of the =11 of and 8tatw of , of the Grantor(s), and JOSEPH P. TALLMAN AzND ELIZABETH M. S14OWDENa as Joint Tenants whose legal address is :38(Y, INCA PARKWAY BOULDER CO 80303 of the _ County of and State of COLORADO of the Grantee(s): WITNESS, That the Grunitor(s), for and in consideration of the sum of ($2,000,000.00 ) **Two Million and 001100**" DOLLARS the receipt and sufficiency .nf which is hereby acknowledged, has granted, bargained, so,d and conveyed, and by these presents does grant, bargain., sell, convey and confirm unto the Grantee(s), his heirs and assigns forever, all the N real property, together with improvements, if any, situate, lying and being in the County of -� P ITKIN and state of Colorado, described as follows: LOT 9, BLOCK G, THE DASPEN HIGHLANDS VILLAGE P.U.D., ACCORDING TV THE PLAT THEREOF RECORDED OCTOBER 15, 1998 IN PLAT BOOK 47 AT PAGE 1. COUNTY OF PITKIN, STATE OF m COLORADO W 3 W V also known as street number 0009 STEEPLECHASE ASPEN CO 81611 W TOGETHER with all avid singular and hereditaments and appurtenances thereto belonging, or in anywise appertaining lrZj and the reversion and revers ions, remainder and remainders, rents, issues and profits tf+ereof; and all the estate, right �--� title interest, claim and dev'mand whatsoever of the Granter(s), either in law or equity, of, in and to the above bargained h— premises, with the hereditamients and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described with appurtenances, unto the Grantee(s), Q his heirs and assigns forever. The Grentor(s), for himself, his heirs and personal reprzsentatives, does covenant, grant, eJ_a bargain, and agree to and wr^th the Grantee(s), his heirs and assigns, that at the time .f the ensealing and delivery Y I W of these presents, he is we seized of the premises above conveyed, has good, sure, pe•fect, absolute and indefeasible d estate of inheritance, in la.,., in fee simple, and has good right, full power and lawful authority to grant, bargain, � sell and convey the same in rmanner and form as aforesaid, and that the same are free arcd clear from at former and other L.■ grants, bargains, sates, lie:is, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, V"r LA- EXCEPT GENERAL TAXES AND ASV"HSSMENTS FOR THZ YEAR 2OD5 AND SUBSEQUENT YEAS, AND EXCEPT THOSE ITEMS AS SET FORTH ON EXHZBS ^A" ATTACHED HERETO AND INWORPORATED HEREIN Q L F— The Grantors) shall and wi,,I WARRANT AND FOREVER DEFEND the above bargained premises i the quiet and peaceable possession of the Grantee(s,, his heirs and assigns, against all and every person or pe=sons lawfully claiming the whole or any part thereof. The siraryular number shall include the plural, and the plural the singular, and the use of any gender shall be applicable to all I;panders. IN WITNESS 1YID:REOF the Grantor(s) has executed this deed on the date set forth above. �r fV LOT 9 HIGHLANDS,LLC,A COLORADO LIMITED LIABILITY LO 00 $ DP N; INC, TANAGER 0 N i BY: Y b- � `O MARK Q.DAMS,\'ICE P •sIDEN'r v '-' The foregot�J/t)tstll'ixnan`t-Has acklTOwi e�dged,be�£ore me on this day of Sep ember R 2005 by MARK B.. D/KVI A.c; VICE P ' F DF HOLDINGS INC. MANAGER OF LOT 9 HIGHLANDS, LLC O LTM TED LIAU11M COMPANY My tco ss.on $ tf'tct :s eat.Win my find at1 o Notat Publ*c ., rF.r. nd Addre s of Ptrsdn:cteatiOg: ew}y created Lega Description 38-35-10 .5, C.R.S.) 38715 T .,y her;Recarded Return to: JOSEPH P. TALLN M AND ELIZABETH M. SNOWDEN L 387151 380 INCA PARKWA't, BOULDER, CO 80303 82 08/29/04 WD:9 EN A T,Y,$�ED�Pha agraphic) {2313777) �� .yam:; .. .... ... .. . ..._.. .. < L 514955 Page: 2 of 3 SILVIA DAVIS PITKIN COLJNTY CO R 16.00 9/19D�200.00 4E EXHIBIT A RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED January 18, 1892,IN BOOK 55 AT PAGE 20 AND RECORDED APRIL 7, 1903 IN BOOI{55 AT PAGE 507. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED III'UNITED STATES PATENT RECORDED June 25, 1957,IN BOOK IS 1 AT PAGE 506, TERMS,CONDITIONS AND PROVISIONS OF RESOLUTION OR ORDINANCES BY THE PITKIN COUNTY,COLORADO,BOARD OF COUNTY COMMISSIONERS,PLANNING AND ZONING COMMISSION,AND GROWTH MANAGEMENT COMMISSION,RECORDED AS FOLLOWS: RESOLUTION NO.86-39 RECORDED JULY 18, 1986 IN BOOK 514 AT PAGE 719 RESOLUTION NO.95-10 RECORDED FEBRUARY 15, 1995 IN BOOK 774 AT PAGE 47 RESOLUTION NO.PZ-95-08 RECORDED NOVEMBER 17, 1995 IN BOOK 799 AT PAGE 976 RESOLUTION NO.96-141 RECORDED MARCH 19, 1997 UNDER RECEPTION NO. 402639 RESOLUTION NO.97-7 RECORDED SEPTEMBER 29, 1997 UNDER RECEPTION NO. 408929 ORDINANCE NO. 97-31 RECORDED NOVEMBER 25, 1997 UNDER RECEPTION NO, 411003 RESOLUTION NO.97-167 RECORDED SEPTEMBER 30, 1998 UNDER RECEPTION NO. 422629 RESOLUTION NO.39(SERIES OF 1998)RECORDED OCTOBER 5, 1998 UNDER RECEPTION NO.422779 RESOLUTION NO.98-79 RECORDED OCTOBER 15, 1998 UNDER RECEPTION NO. 423268 TERMS,CONDITIONS AND PROVISIONS OF ORDER OF INCLUSION IN'ASPEN CONSOLIDATED SANITATION DISTRICT RECORDED December 09, 1997 AT RECEPTION NO.411462, TERMS, CONDITIONS AND PROVISIONS OF SPECIAL COVENANTS,CONDITIONS AND RESTRICTIONS RECORDED October 27, 1997 AT RECEPTION NO,409939. TERMS, CONDITIONS AND PROVISIONS OF USE AGREEMENT RECORDED December 13, 1993 IN BOOK 734 AT PAGE 798. TERMS,CONDITIONS AND PROVISIONS OF RAW WATER AGREEMENT,IRRIGATION, RECORDED October 05, 1998 AT RECEPTION NO.422780, TERMS,CONDITIONS AND PROVISIONS OF WATER SERVICE AGREEMENT RECORDED October 05, 1998 AT RECEPTION NO,422782 AND FIRST ADDENDUM THERETO RECORDED OCTOBER 5, 1998 UNDER RECEPTION NO.422783. TERMS, CONDITIONS,AND PROVISIONS OF SUBDIVIDER'S AGREEMENT RECORDED October 15, 1998, UNDER RECEPTION NO.423271. RESTRICTIVE COVENANTS,WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER w EXHIBIT A (Continued) CLAUSE,BUT OMITTING ANY COVENANTS OR RESTRICTIONS,IF ANY,BASED UPON RACE,COLOR,RELIGION,SEX,SEXUAL ORIENTATION,FAMILIAL STATUS,MARITAL STATUS,DISABILITY,HANDICAP,NATIONAL ORIGIN. ANCESTRY,OR SOURCE OF INCOME,AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS,EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION 1S PERMITTED BY APPLICABLE LAW,AS CONTAINED IN INSTRUMENT RECORDED October 15, 1998, UNDER RECEPTION NO.423272. TERMS,CONDITIONS AND PROVISIONS OF RESIDENTIAL AMENITIES DECLARATION RECORDED October 15, 1998 AT RECEPTION NO.423273. TERMS,CONDITIONS AND PROVISIONS OF PLANNED UNIT DEVELOPMENT GUIDE RECORDED October 15, 1998 AT RECEPTION NO.423274. TERMS, CONDITIONS AND PROVISIONS OF PRECONNECTION AGREEMENT RECORDED October 15, 1998 AT RECEPTION NO,423276. TERMS,CONDITIONS AND PROVISIONS OF COLLECTION SYSTEM AGREEIMENT RECORDED October 15, 1998 AT RECEPTION NO,423277. TERMS, CONDITIONS,PROVISIONS,OBLIGATIONS AND RESTRICTIONS AS CONTAINED IN THE DETAILED SUBMISSION PLAN RECORDED OCTOBER 15, 1998 UNDER RECEPTION NO.423269 AND AS SET FORTH ON THE DETAILED SUBMISSION PLAN MAPS RECORDED OCTOBER 15, 1998 IN PLAT BOOK 46 AT PAGE 44. EASEMENTS,RIGHTS OF WAY AND OTHER MATTERS AS SET FORTH ON 7HE PLAT OF ASPEN HIGHLANDS VILLAGE P.U.D.,RECORDED OCTOBER 15, 1998 IN PLAT BOOK 47 AT PAGE 1, EASEMENTS AND RIGHTS OF WAY AS GRANTED THE CITY OF ASPEN AND THE HIGHLANDS WATER AND SANITATION DISTRICT IN INSTRUMENT RECORDED OCTOBER 15, 1998 UNDER RECEPTION NO.423281,UNDER RECEPTION NO. 423282, AND UNDER RECEPTION NO,423283. TERMS,CONDITIONS AND PROVISIONS OF TRENCH,CONDUIT AND VAU-T AGREEMENT RECORDED Jnnunry 11, 1999 AT RECEPTION NO.426421, ANY AND ALL EXISTING WATER,WATER STRUCTURES AND MINERAL RIGHTS AS RESERVED BY HINES HIGHLANDS LIMITED PARTNERSHIP,A DELAWARE LIMITED PARTNERSHIP,IN THE DEED RECORDED JULY 23, 1999 UNDER RECEPTION NO. 433678. TERMS,CONDITIONS AND PROVISIONS OF ORDINANCE NO,36,SERIES OI=2000 RECORDED November 28,2000 AT RECEPTION NO.449207. 514965 Page: 3 of 3 09/19/2005 12:46! SILVIA DAVIS PITKIN COUNTY CO R 16.00 D 200.00 4 LAND TI'T'LE GUAINSTEE COMPANY STATENtENT OF SETTLEMENT 533 E HOPKINS #102 "PURCHASERS" ASPEN, CO 81611 Lind Title U:1.AKAK 111.(-WIVANY PROPERTY ADDRESS: 0009 STEEPLECHASE ASPEN CO 81611 SELLER(S) : LOT 9 HIGHLANDS, LLC, A COLORADO LIMITED LIABILITY COMPANY BUYER(S) : JOSEPH P. TALLMAN AND ELIZABETH M. SNOWDEN SE'T'TLEMENT DATE: September 16, 2005 DATE OF PRORATION: September 16, 2005 T'TEY, DESCRIPTTON Debit Credit Sales r'race 2, 000, 000. 00 Ea1,;esc Mcney Land Title Guarantee Cornpany 150, 000. 00 Courier Fees 16. 00 Tax Certificate LAND TITLE GUARANTEE COMPANY 20. 00 Record Warranty Deed 26. 00 Documentary Fee 200. 00 Current Taxes 01/01/05-09/16/05 © $76. 7659 19, 805. 61 Closing Fee LAND TITLE GUARANTEE COMPANY 137.50 HOA Transfer Fee ASPEN HIGHLANDS VILLAGE ASSOCIATION MASTER ASSOC 60. 00 HOA Dues 09-1.6 thru 09-30 Q 2. 8737 ASPEN HIGHLANDS CLUB 43. 11 Prepaid HOA Dues 09-16 to 10-01 c 8. 4022 AMENITIES ASSOC 126. 03 Prepaid HOA Dues 09-16 to 10-01 O 2. 0588 MASTER ASSOC 30. 88 Sewer Prepaid 09-15 to 10-01 0 0. 1896 2. 84 WHEELER REAL ESTATE TRANSFER TAX 1 0, 0 0 0. 0 0 HOUS.LNG REAL ESTATE TRANSFER TAX 19, 000. 00 ---------------- --------------- **** SubTctals **** 2, 029, 662.36 169, 805. 61 Due From Euyer/Borrower 1, 859, 856. 75 Iota i s 2, 029, 662.36 2, 029, 662.36 'Me above li(rures do not include sales or use taxes on property. APPROVED AND ACCEPTED PURCHASE;R(S) : REAL ESTATE BROKER(S) ?4 \ Z JOSEPH P. ZdiLMAN' BY DWAYNE L. ROMERO AS ATTORNEY IN courier- Fees 16. 00 -- , Tax Cerrificare LAND TITI 'UARANTEE COMPANY 20. 00 Record Warranty Deed z 26. 00 Documentary Fee 200. 00 Current Taxes 01/01/05-09/16/05 O $76. 7659 19, 805. 61 Closing Fee LAND TITLE GUARANTEE COMPANY 137. 50 HOA ?'ransfer Fee ASPEN HIGHLANDS VILLAGE ASSOCIATION MASTER ASSOC 60. 00 HOA Dues 09-16 Lhru 09-30 Q 2. 8737 ASPEN HIGHLANDS CLUB 43. 11 Prepaid HOA Dues 09-16 to 10-01 ® 8. 4022 AMENITIES ASSOC 126. 03 Prepaid HOA Dues 09-16 to 10-01 O 2. 0588 MASTER ASSOC 30. 88 ,Sewer Prepaid 09-16 to 10-01 0 0.1896 2. 84 WHEELER REAL ESTATE TRANSFER TAX 10, 000. 00 xOUS.iNG REAL ESTATE TRANSFER TAX 19, 000. 00 **** SubTotals *** 2, 029, 662.36 169, 805. 61 Due From Buver/Borrower 1,859, 856. 75 I'o!-a's 2, 029, 662.36 2, 029, 662.36 Me above figures do not include sales or use taxes on properly. APPROVED AND ACCEPTED PURCHASFR(S) : REAL ESTATE BROKER(S) JOSEPH P. LLMAN BY DWAYNE L. ROMERO AS ATTORNEY IN ASPEN REAL ESTATE COMPANY r f HOUSTON & GOROO E1-1'ZAB 'If h1. SNdWDEN BY DWAYNE L. RODIERO AS ATTORNEY IN FR LAND TITLE CLOSING AGENT: C ..... _ \\\\ Janice L..' Johnson ESCROW NO. ; , x367151 COMMITMENT NO. : p387151 (2208422) Forn 347 LTG1 The printed portion of this form is approved by the Colorado Real Estate Commission (SS-60-7-71) Tallman House Lot 9, Block G • Aspen Highlands Village P.U.D Pitkin County, Colorado r Parcel ID #: 273514316009 ,ua i -r