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HomeMy WebLinkAboutLand Use Case.25 Steeplechase Dr.0036.2009.ASLU■ 25 STEEPLECHASE 0036.2009.ASLU FINAL PUD AMENDMENT 273514316009 FA 6 44 W" Lj 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 �!2I1J11�� �a File Fdit Record (bavigate Form Reports Format Tab Help Main Valuation Custom Fields Actions Fees Parcels Fee Summary Sub hermits Attachments Routing Status Routing 1 ► - - -- Permit Type �aslu Aspen Land Use Permit # I00 632009.ASLU Address 125 STEEPLECHASE AptjSuite City ASPEN State CO �] zip F81611 Permit Information Master Permit J Routing Queue aslu07 Applied 06110J2009 Project J Status Pending Approved J Description FINAL PUD AND AMENDMENT Issued �— - - - -- Submitted ALI GIDFAR 303 669 3370 Owner Last Name TALLMAN J Phone 1 Owner Is Applicant? Applicant Last Name P LLMAN Phone Lender Last Name Phone -- -- — Permit lenders full address CI,/ 4� Awe-� Z" #- zs�� Final F— J Clock Running Days 0 Expires 66/0512010 J J First Name JJOE 380 INCA PKY BOULDER CO 80303 J First Name bOE Cust # 22927 J First Name 380 INCA PKY iBOULDER CO 80303 AspenG old(b) Record- 1 of 1 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 T��� \ Jennifer Phelan wrote: Ci'/ �' ' 'J'e`•c�Y/\ r' V `' V 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 Jevt+ f Pheiavv, 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 0 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 jon4v�fer Phzla.w, 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 ;� ►,�.� �L � y;� it � i�, ATTACHMENT 2 -LAND USE APPLICATION PROJECT: .11)14 a Z009 _ 4-r v OF ASP;:-�, Name: _f51v C4 LE Location: ZT (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) APPLICANT: Name: Address: Phone #: 2io'j `tc) -1 REPRESENTATIVE• Name: ^ L— I kVD Address: 200 ti- 9 7!>t U 3C Phone #: 3 a 3` (o b q. 3 3-7 a TYPE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use ❑ GMQS Allotment 9 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.) f'iC(--i-�nt�7' ic�-�oto PROPOSAL: (description of AM M( A q V P V 0 7_0 M o V) F 't f o r T!�' fn R-- 0" S A L L. tl v( E_n f-7" wl + 70 U KJ l l I�'� . TrI C NL04z-G Q P­J N/ tE71Ct 46 ri fb--H 0 Have you attached the following? FEES DUE: $ ] Z • 0 O ❑ 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. 0 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 0 Drew Alexander City of Aspen Community Development Department 3'd floor, City Hall 130 S. Galena Street Aspen, CO 81611 Dear Drew June 5, 2009 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. Principal, studio 303, Inc. studio 303, Inc 2510 N. 47"' Street, Unit H 303 386 3322 tel Boulder. CO 80301 303 442 4466 tax Project: Applicant: Location: Zone District: Lot Size: Lot Area: ATTACHMENT 3 q 2009 DIMENSIONAL REQUIREMENTS FORM Tv OF A PEK MINA C, LL E- 4- zp t-" ( l, UE 't��RMUNI� �F�IFL4�PI�IF�Iz (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. N l l ►•� l Tt�> 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: � * RECEIVED .11JIN 0 9 2009 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMEWITY OF ASPEN Aereement for Payment of City of Aspen Development Application Fees ''OMMUNITY OE ROPME!1 CITY OF ASPEN (hereinafter CITY) and J 0 (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for S r G LE F-,A -YM 11_-1 tz-cs i bGrc�c' . Z� ski' cam= W S fz (hereinafter, THE PROJECT). P k f— , C-4Z� r ( 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 ?n,—: O D hours of Community Development staff time, and if actual recorded costs a ceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $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: Chris Bendon Community Development Director D#i 0 `I Address and Telephone Number: RECEIVE6 JUN 0 9 1009 CITY OF ASPEN �ATY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY'' IMUNITYf)EIIFLOW' 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: �otal Deposit for review of application. Ezf 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. L 2 copies of the complete application packet and maps. �j A 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. tt/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 tage Association P g 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, By ach Association Manager 0311 tallman 5th bd approval .doc • Elizabeth and Joe Tallman 380 Inca Parkway Boulder, CO 80303 303-909-0126 June 5, 2009 Drew Alexander City of Aspen Community Development Department 3rd 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. 471h 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, CO 80303. There are no mortgages or any other financial encumbrances on the property for which we paid cash on September 16, 2005. a,k- — - — Joseph P. Tallman Elizabeth M. Snowden CITY OF ASPEN CITY OF ASPEN HRETT PAID 'TT PAID DATE REP -' O�A REP NO. Filed for I:I Reception record the aeay of ,A.D. , at o'clock K DEPUTY. WARRANTY WARRANTY DEED THIS DEED, Made on the.,, day of September J# 2005 between f` LOT 9 HIGHLANDS, L/lLC/" A COLORADO LIMITED LIABILITY COMPANY of the _ _ 6eeAtri of -<do T,.,� and 4*et* of of the Grantor(s), and JOSEPH P. TALLMAN AM ELIZABETH M. SNOWDEN, as Joint Tenants whose legal address is : 390 INCA PARKWAY BOULDER, CO 80303 of the County of end State of COLORADO of the Grantee(s): WITNESS, That the Grarwtor(s), for and in consideration of the sus of ($2,000,000.00 ) *x* Two Million and 00/100 *41 DOLLARS the receipt and sufficiency ,nf which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain,, sell, convey and confirm unto the Grantee(s), his heirs and assigns forever, sit the real property, together with improvements, if any, situate, lying and being in the County of PITKIN _ and State of Colorado, described as follows: LOT 9, BLOCK G, THE ASPEN HIGHLANDS VILLAGE P.U.D., ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 15, 1998 IN PLAT BOOK 47 AT PAGE 1. COUNTY OF PITKIN, STATE OF COLORADO also known as street number 0009 STEEPLECHASE ASPEN CO 81611 TOGETHER with all anal singular and hereditaments and appurtenances thereto belonging, or in anywise appertaining and the reversion and revers 'ons, remainder and remainders, rents, issues and profits thereof; and all the estate, right title interest, claim and demmand whatsoever of the Grantor(s), either in law or equity, of, in and to the above bargained premises, with the hereditamtents and appurtenances; 1'0 HAVE ANT) TO HOLD the said premises above bargained and described with appurtenances, unto the Grantee(s), his heirs and assigns forever. The Grantor(s), for himself, his heirs and personal representatives, does covenant, grant, bargain, and agree to and wx th the Grantee(s), his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is weLLL seized of the premises above conveyed, has good, sure, pe-feet, absolute and indefeasible estate of inheritance, in Lev.:, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free a" clear from all former and other grants, bargains, sales, Lies, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, EXCEPT GENERAL TAXES AND ASS?ESSNENTS FOR THE YEAR 2ODS AND SORBEODENT YEARS, AND EXCEPT THOSE ITEHS AS SET FORT! ON MIZE ^A^ ATTACHED HERETO AND INUVRPORITED HEREIN The Grantor(s) shall and wi. L WARRANT AND FOREVER DEFEND the above bargained premises i-� the quiet and peaceable possession of the Grantee(s), his heirs and assigns, against sit and every person or pe,sons lawfully claiming the whole or any part thereof. The sirrrjular number shall include the plural, and the plural the s;ngular, and the use of any gender shall be applicable to all ganders. IN WITNESS WHEREOF the Grantor(s) has executed this deed on the date set forth above. LOT 9 HIGHLANDS, LLC, A COLORADO LIMITED LIABILITY CO �FN, 1NC , ANAGER l BY: �`� v BY: -- MARK DAVIS, VICI SI N7 srnre — > )ss. /j The foregoi inst iwn't was ec llowAe�d6ed hNb ore me on this day of September , 2005 by MARK H DXYXJKA.9 VICE PRE! PAtgT QF DF HOLDINGS INC MANAG3 R OF Li - My co 'ssitin ex(i ve : Y' witnes. 'my 6agd siA 'ifi- seal. Name and Addrdps of Person Cp'est-;y9 NewJy Creat" Escrow# 038715� { ,' Title# 0387151 \ , ....,,." �` per\ i Form 82 08/29/04 wD'. EN 'iAWAVTx gizi(Phota6raphic r � : ption (13a-S]-1UV.], C.R.U.) Return to: JOSEPH P. TALLM4N AND ELIZABETH M. SNOWDEN 380 INCA PARKWAI, BOULDER, CD 80303 (2313771) FEW 0 o Ln T Im \ lid a m !IIIII IIIII SILVIA DAVIS llillTKINlll'ICOUNTY IIIII IIIII lil IUII IIII'1III EXHIMIT A 514965 • Page: 2 of 3 09/19/2005 12:4E 00 D 200.00 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 BOOK 55 AT PAGE 507. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED June 25, 1957, IN BOOK 181 AT PAGE 506. 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 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 IS 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 AGREEMENT 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 1N PLAT BOOK 46 AT PAGE 44. EASEMENTS, RIGHTS OF WAY AND OTHER MATTERS AS SET FORTH ON THE 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 VAULT AGREEMENT RECORDED Imtunry 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 OF 2000 RECORDED November 28, 2000 AT RECEPTION NO. 449207. 514955 Page: 3 of 3 09/19/2005 12:46! SILVIA DAVIS PITKIN COUNTY CO R 16.00 D 200.00 LAND TITLE GUAROTEE COMPANY STATENOT OF SETTLEMENT 533 E HOPKINS #102 "PURCHASERS" ASPEN, CO 81611 hand Title 1„lAF.9lIII (.l IP.1I'Al\' 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 SETTLEMENT DATE: September 16, 2005 DATE OP' PRORATION: September 16, 2005 ITEM. DESCRIPTION Debit Credit Sales F-rice 2, 000, 000. 00 Earnest M.cney Land Title Guarantee Company Couriei, Fees 16.00 Tax Certificate LAND TITLE GUARANTEE COMPANY 20.00 Record Warranty Deed 26.00 Documentary Fee 200.00 Current Taxes 01101105-09116105 0 $76.7659 Closing Fee LAND TITLE GUARANTEE COMPANY 137.50 HOA Transfer Fee ASPEN HIGHLANDS VILLAGE ASSOCIATION MASTER ASSOC 60.00 HOA Dues 09-16 thru 09-30 © 2.8737 ASPEN HIGHLANDS CLUB 43.11 Prepaid HOA Dues 09-16 to 10-01 Q 8.4022 AMENITIES ASSOC 126.03 Prepaid HOA Dues 09-16 to 10-01 © 2.0588 MASTER ASSOC 30.88 Sewer Prepaid 09-16 to 10-01 © 0.1896 2.84 WHEELER REAL ESTATE TRANSFER TAX 10, 000. 00 HOUSING REAL ESTATE TRANSFER TAX 19, 000. 00 150, 000.00 19,805.61 **** SubTotals **** 2,029,662.36 169,805.61 Due From Buyer/Borrower 1,859,856.75 Totals 2,029,662.36 2,029,662.36 ------------------------------ 'llic above figures do riot include sales or use lazes on properly. APPROVED AND ACCEPTED PURCHAST (S): ,'! REAL ESTATE BROKER(S) JOSEPIr P. �LLMAN)BY DWAYNE L. ROMERO AS ATTORNEY IN } ` , }._. '�" courier Fees 16.00 Tax Certificate LAND TIT*UARANTEE COMPANY • 20.00 Record Warranty Deed 26.00 i Documentary Fee 200.00 Current Taxes 01101105-09116105 © $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 09-16 thru 09-30 0 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 © 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 HOUSING REAL ESTATE TRANSFER TAX 19, 000. 00 **** SubTotals **** 2,029,662.36 169,805.61 Due From Buyer/Borrower 1,859,856.75 Totals --------------- 2, 029, 662.36 2, 029, 662.36 ----------------- 111c a60ve liguros do not include sales or use lazes on properly. APPROVED AND ACCEPTED PURCHAST (S) JOSEPTf P. LMAN, BY DR'AYNE L. ROMERO A9 ATTORNEY IN FACT By ELIZAB H M. SNQWDF.N BY DWAYNE L. ROMERO AS ATTORNEY IN FA REAL ESTATE BROKER(S) ASPEN REAL ESTATE COMPANY HOUSTON & GOROG LAND TITLE CLOSING AGENT: Janine L.' Johnson ESCROW NO.:, 0367151 COMMITMENT NO.: 0387151 (2208422) Form 347 LTG1 The printed portion of this form is approved by the Colorado Real Estate Commission (SS-60-7-71) W U) D 0 T