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Home My WebLink AboutLand Use Case.133 Prospector Rd.0064.2013.ASLU0064.2013.ASLU 133 PROSPECTOR RD C-4114B 2735.1421.3052 FINAL PUD(&pub AMENDMANT) Â»xÂ».4 evi.u-,4 ] 1 U 1 THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0064.2013.ASLU PARCEL ID NUMBERS 273514213052 PROJECTS ADDRESS 133 Proposector (Highlands) PLANNER SARA NADOLNY CASE DESCRIPTION Insubstantial PUD Amendment REPRESENTATIVE KIM RAYMOND ARCHITECTS,INC DATE OF FINAL ACTION 10.30.13 CLOSED BY DJAMA MARTIN ON: 03/11/2014 ' Permits Â£1% *BalUtiAl~Jiks X F. la L ..~2,2.a :*ims Eile Edit Record Navigate Fkrm Report Format Iab Help Y .'+I:. I f. 1 D. . 4 9 'lk â‚¬ 44 ' I * -1211 1 :A r ,4 : 6 :M <1. . :â€¢ 10 1 < 0 40 U:'jj 1 Jumpl :: , ~.,.. . j , 2. 'Eli Z....1 Â·Â·90 Â·â‚¬64 4. I 9 4% I Main Custom Fjelds Ro~{ing Status ~Fee Summary Actions Routing History Permit tppe E Aspen Lan:d Us:e Permit # 0064.2013.ASLU =1' Address 13?PROSPECTOR RD Apt/Suite C-41148 City ASPEN State CO v Zip 81611 01 Permil Irlormation Master permit Routing queue as1007 Applied 10/222013 Proied Status pending Approved Description PROJECT: HIGHLANDS PIZZA COMPANY Issued FINAL PUD(& PUDAMENDMENT) INSUBSTANTIAL PUDAMENDMENT Closed/Final Submitted KIM RAYMONDARCHITECTS.INC Clock Running Days 0 Expires 10;172014 Submitted via 0Wn8i Last name EAST*OOD HIGHLANDS 110 First name 115 BOOMERANG RD 5201 Phone (970) 925-9317 Addiess ASPEN CO 81611 Applicant 9 Owner is applicant? 3 Contractor is applicant? Last name JD HIGHLANDS NVESTORS - Fist name 133 PROSPECTOR RD 4102 Phone (970}925-9817 oust It Esl E Address ASPEN CO 81â‚¬11 i Lendei Last name First name Phone ( ) - Address AspenGokE (seiver) >diamam View SWON Mointo' 1 Xoglooll sdnoigqell /1 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: |33 PA oseoc-jos R 2, BL, 1 laing 4 Aspen, CO STATE OF COLORADO ) ) SS. County of Pitkin ) I, 2- 91 Corn; I va HO- 03 -4 1 01 (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. 0 Siaaunre .. I all. The foregoing "Affidavit of Notice" was acknowledged befow m 9 of ~*<BA , 2044, by Zy\AU,ta /\41, ..1 1 WITNESS MY HAND AND OFFICIAL SEAL PUBLIC NOTICE Of ~ DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site specific development plan, and My commission expires: ~J la~ l(7Â£'; the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertain- ing to the following described property: Aspen L.a *14 -Qlt-us/1~ Highlands Village PD, Aspen Highlands Condo- miniums Phase I, commonly known as 133 Pros- Notary Public pector Rd, Building 4, Parcel ID: 2735-142-13-052. 4 On March 10, 2014, the Aspen Community Devel- opment Director granted an Insubstantial PD Amendment approval to permit the reconfiguration KAREN REED PATTERSON of commercial space within Building 4 01 the As- NOTARY PUBLIC pen Highlands Village. This reorganization does not affect the current amount of commercial floor area for the property. For further information con- ATTACHMENTS: STATE OF COLORADO tact Sara Nadolny, at the City of Aspen Communi- NOTARY ID #19964002767 tv Development Dept. 130 8. Galena St, Aspen, Colorado (970) 429-2739, . My Commission Expires February 15, 2016 COPY OF THE PUBLICATION 9 City 01 Aspen Publish in The Aspen Times Weekly on March 13, 2014. [10014193] DEVELOPMENT ORDER ofthe City of Aspen Community Development Department This Development Order, hereinafter "Order' , is hereby issued pursuant to Section 26.304.070, ~Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is accepted and deemed complete by the Chief Building Official pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Eastwood Highlands Investors, LLC - 0133 Prospector Rd, Unit C4144B, Aspen, CO 81611 Property Owner's Name, Mailing Address Aspen Highlands Condominiums, Phase I, Building 4, Aspen Highlands Village PD, County of Pitkin, State of Colorado: commonly known as 0133 Prospector Rd, Aspen, CO 81611 Legal Description and Street Address oj Subject Property The owner has received permission to reconfigure the current commercial space within Building 4 of Highlands Village. All newly created units will continue to be used commercially. Written Description of the Site Specific Plan and/or Attachment Describing Plan Approval by the City of Aspen Community Development Director of an Insubstantial PD Amendment; received March 6,2014. Land Use Approved(s) Received and Dates (Attach Final Ordinances or Resolutions) March 13,2014 Effective Date of Development Or der (Same as date ofpublication of notice of approval.) March 14.2017 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 13th day of March, 2014, by the City of Aspen Community Development Director. ~AAA~~3Â» cliok U Chris Ben@g) Community Development E~K~ytor NOTICE OF APPROVAL For an Insubstantial PUD Amendment to Aspen Highlands Village PD for Aspen Highlands Condominiums, Phase I aka 0133 Prospector Rd, Building 4, County of Pitkin, State of Colorado Parcel ID No.: 273514213052 APPLICANT: Eastwood Highlands Investors, LLC 0133 Prospector Rd, Suite 4102 Aspen, CO 81611 SUBJECT & SITE OF AMENDMENT: Aspen Highlands Village, 0133 Prospector Rd, Building 4, Aspen CO, 81611 SUMMARY: The applicant is requesting an Insubstantial Amendment to the Aspen Highlands Planned Development (PD) permitting the reconfiguration of commercial space within Building 4 of Aspen Highlands Village. BACKGROUND: This property is located in the Aspen Highlands Village PD, and is part of the Ski Area Base (SKI)/PD zone district. The Aspen Highlands Village PD was originally approved by the Pitkin County Board of County Commissioners (BOCC) in 1997 via Resolution No. 97-167, and was later annexed into the City via Ordinance No. 8. Series of 2000. The City approved a rezoning of the parcel to R-15, R-30, R/MP, Conservation, L/TR, Ski and PD overlaying zoning districts via Ordinance No. 36, Series of 2000. In 2010 Integrated Design Ideas was granted a building permit for a minor remodel to the commercial space of Building 4, which included the reconfiguration of the rest rooms and the construction ofa wall with a door that divided the main restaurant area into two commercial spaces. In October, 2013, an administrative Notice of Approval for an Insubstantial PD Amendment (Reception No. 605212) was granted allowing the construction of a wall that would separate Unit C- 4114 (former home of Highlands Pizza Company) into two separate commercial spaces. CURRENT PROPOSAL: The Applicant proposes to amend the 2013 approval into an alternate configuration, which would divide the existing commercial space at Aspen Highlands Village Building 4 into four separately functioning commercial spaces. The space formerly occupied by the flighlands Pizza Company, measuring 1,487 sq. ft. is proposed to be divided by a wall into two commercial spaces measuring 531 sq. ft. and 956 sq. ft. The remaining commercial space is proposed to be subdivided with two new commercial spaces, measuring 94 sq. ft. and 153 sq. ft. (see Exhibit A). This current approval is an amendment and intended to supersede the October 2013 approval. RECEPTION#: 608979, 03/28/2014 at 02:33:04 PM, 1 OF 3, R $21.00 Doc Code APPROVAL Janice K. Vos Caudill, Pitkin County, CO 1 REVIEW PROCEDURE: â€¢ Insubstantial PD Amendments to an approved Project Review or an approved Detailed Review may be authorized by the Community Development Director, so long as five specific criteria are met (see Exhibit B, Review Criteria). STAFF EVALUATION: Staff finds the proposal to meet the requirements for an Insubstantial PD Amendment. The application is consistent with the original approval, with the spaces remaining predominantly commercial in use. The proposed reconfiguration of commercial space does not require a variation from the permitted use, and does not involve a request to increase the allowed height or overall approved floor area of the building. The proposed changes are within the dimensional tolerances stated in the original approval for commercial space at this location, and the application represents an insubstantial change to the PD. Staff finds all relevant criteria to be met. Staff finds this proposal to be consistent with the project's original approval to use the space commercially. However, Staff feels it is important to memorialize the changes associated with this approval to document the four newly created spaces as remaining commercial in use. Each of the subject spaces was originally part of one combined 2,143 sq. ft. commercial space. In 2010 the applicant received permission to divide the commercial space. That approval made it clear that the configuration maintains each space as predominantly commercial in use. The reconfiguration of separate commercial spaces as proposed in the current application (Exhibit A) may create an area perceived to be used solely as circulation space, changing the designation in this area from commercial net leasable to non-unit space. The Applicant has agreed that all newly divided areas, shows as office on Exhibit A, will continue to function as commercial space. With this assurance, Staff finds the review criteria for and Insubstantial PD Amendment to be met. DECISION: The Community Development Director finds the Administrative Application for an Insubstantial PD Amendment, as noted above, to be consistent with the review criteria (Exhibit B) and thereby, APPROVES the request. All newly divided office spaces (as indicated by Exhibit A) will be used as commercial net-leasable space. APPROVED BY: (Â»0.4,12Â«.8/V 8/4/4:#a thris Bendon, Community Develop,nduLD)irector Date / Attachments: Exhibit A: Site Plan (Recorded) Exhibit B: Review Criteria/Staff Findings (In file) Exhibit C: Application (In file) 2 h (bit k r'F'* CITY OF A ... - 4000- 441 r) c O R~ 1-1- 90, 00.3 (- ) ~-2 (11" LE 0262Â· OVvh.4 11 523Â¤-wood- ltÂ·~â‚¬*Uy'di, l\AU~ ll.L All.. Â·SS VE>.*,<7454ecew PARC .L ID 731-96,14-2. 966 82-2-- EXI ING STAIR ND AMP U.1 LL ' EXISTING 1 WALL ~ 2 0 LU 0 , ;11 Â· Il! i U, 0 >-3 /,1 ".i. i ! 14 -. ,Â¢14 Â·.1 '12'FFICE '.. ; -1- '1 Â· L '19 -1-1 1 - 12] Il 0 01- 28.-do '141' 1 .tr- 11 1 1 11".1 -11- 1- 4--1 "1-11.-!1 d Jtl il , 1 '' ' Â·h ..,141, ' i - ' ~' il 1111 111 - 11 a z q4Â· 0 'ili'' 1 1 LU D 11'.1 ...1- - h .IT|| 11; h-.'14~LO! 1 1ILI- 'Ef,-4-:It 1, lif-,11'LI 114 1 4% .1 11. 'Ill i 1 11 1.1 -1 1.111 . 1.=- I + :4 . i ' V' '~~:"1 1. =., ~~~' ZIFFICE'' =i g iii of O , /,|5-7-1 T!1111 ' ' 2|' :,|,~ -11Â·11,1 4, WALL ASSEMBLY _' P LU U I ~I~-~|~~4~|2' J~=-~rnLL~ ~,-%- 4- IÂ·l'Ji ;i- 1 11 Iii 1 1 OZ TO MATCH NEW WALL ORIGINAL - ATOFFSET SUBMITIAL IN EXISTING Â·eÂ» ,=t - 21'llk Â· i =~ ~ ~ ~ _ ~- 7-Ri |-,~i~-~ -fi 'lll.~~ |~|T - 777 LL k 2- LI_ H- WALL INGRESS/ \, r -392 0 E EGRESS - 12= i i .i 1 0- i , ; .., i" 1,-31|'plr - 1 1 12% -' ,;~L '~~' ~ ,~1-'~i.j,Elit lili, 111111 1 1 1111 1111 -1- 91-1 ..1~-~11'JiL 1 711111IiI 1== =2 -1~;, 1* -I-1.- 1111 111>11 1 111 :51 :1 -1-711.- --[A -1 F.~1~, .ri -r- - -1 .-. 4 4 1 . i~IlIT-L-'i ~' '| 1 --11 111 - 46 4.i,Ji911-Ili-iu'ralk'-- - - _ ', -1-=-i L-'=1-NI. 1 3 ~ :1,34-'i~.L,ill . i /1=~............ ~---'-JÂ·=f-[l-- .-1---:u/% % 1 -41-'fil 1.9! 1 111 1--1 4 - -1 LIl li 4 Â· J'|Ii L.,1/ ' 771 - :I -4 =- .2 5 111 -2 OFFICOE-,19Â£L..4 % '1~ - ~ 11119-1:.Ik- 14-z i-_ 't i - -' 1 u T li --Â£ il - I I -1 I == 1--F -r --- i J -I,j|'' |'F.,ill -2 i'~-24':-- ,4,9-1,-,i, LIJ . . 1 2 ,/ )1 4 1 4 1 1.lili - 1 Iii 1 111 , i , P'or' 'Ir_ -'i = -:~222 tr -- - 1 '-111-44 11 4 A/1.14.,1 0 'E:==:/E'E~~ ,- r- # -1- .IL Ati -14 -'11 Â· ~-'E ' , 1I 't' 'r _ ' j.p, 1 + L (3 G 1 -+ 4Â· lili 1 11 1 - - 1 ~91- 1- lilli 1 1 111 4- 1-6 03 CHAAQ~Â·OMDER.3/27/142:2 H 11 11 1 ; 1 11 ADDIYIUNki'11*:; U C OFFICES --4 JAN 3 0 M' A 03 ASr-f BUILDING DEI 'Ah i. u I NV1HDIH N 3 dSV Page 1 of 1 A ilillillillillill lillillillilillill A Print Date: - Pitkin â‚¬ ounty Transaction #: 59603 3/28/2014 2:33:06 Janice K. Vos Caudill Receipt #: 201401883 PM Clerk and Recorder Cashier Date: 3/28/2014 2:33:04 PM 530 East Main Street (TDRISCOL) Aspen, CO 81611 (970) 429-2707 www.PitkinClerk.org Customer Information Transaction Information Payment Summary DateReceived: 03/28/2014 Source Code: Over the Counter () KIM R.AYMOND Q Code: Mail Total Fees $21.00 Over the Return Code: Counter Total Payments $21.00 Trans Type: Recording Agent Ref Num: 1 Payments $21.00 kiLI CHECK 1961 1 Recorded Items BI</PG: 0/0 Reception: 608979 Date:3/28/2014 ~-IZE,1 (APPROVAL) APPROVAL ANY 2:33:04 PM FYPE From: To: Recording @ $11 for 1pg and $5 for 2 or more 3 $21.00 pgs $1 Surcharge 0 Search Items 0 Miscellaneous Items file:///C:/Program%20Files/RecordingModule/default.htm 3/28/2014 Exhi-64 k CITY OF AS~IVI . c (joi 0 >20 -Lt. Pa/(2, /. O VY R B*tw ood- l-64Abjklg WUJ- llc /. 1 1 Afl. ES \55.3-A-(Apeckar / EXI ING STAIR PARC L ID -226,42. l;66822- ND AMP Â¥-1. ~--- 1 EXISTING 1 WALL ,O 0O / 0 >I 9 OFFICE 1 Â¤ O- 94 sq n Z jz 4 LUD RELOCAI E *0 V (6)EXISTING OFFICE Â© -J 050 WINDOWS I 1110 WALL - â€ž 531 84 ft 1..)U .- TO NEW ASSEMBLY OFACE e g z TO MATCH ' WALLS B - NEW WALL ORIGINAL C ATOFFSET SUBMITTAL Â· ' REMOVE LL Z IN EXISTING I LLA WALL 1. 2-2 EXISTING * OMIT INGRESS/ \ PROP)SED --1 , 35 sqft WALL AND DOOR ---.-..---Z OE EGRESS DOOR n.,- Ul ORIG:NAL SUBAUTTAL 8'-4 314" ' SEPARATION - < ' WALL -4/ff'-=trl ASSEMBLY M 'R , 4 S - 1 bo r OFFICE 5 0 .. 1: : : 153 sqft .48: ..' 1 i Jil -~ 4 01.1 1 i (wo m V/Dr '1 t /1,41 4,} - 101 I i F. ' 1'- 1/" CHAAGEÂ·ORDER..U2ZM# ,.61/7 13'26 114" 0 4,4.:..1 1.44 ..4 1 1 .,1.~.--JI),C~7 A ADDRIQUALLy 41 .1 40 1 11 u OFFICES A 03 AS, , BUILDING DEFÂ» S301:130 S 1,9d 491* Exhibit B Review Criteria Insubstantial Amendments. An insubstantial amendment to an approved Project Review of an approved Detailed Review may be authorized by the Community Development Director. An insubstantial amendment shall meet the following criteria: 1. The request does not change the use or character of the development. Staff Response: The Applicant has proposed a division to the current commercial space found at Building 4 of the Aspen Highlands Village. The space will continue to be used commercially. Stafflinds this criterion to be met. 2. The request is consistent with the conditions and representation in the project' s original approval, or otherwise represents an insubstantial change. Staff Response: Staff finds this application to be consistent with the project's original approval. The subject area was designated as commercial space, and will continue to be used as such. The application does not require a variation from the project's approved use or dimensional requirements. Sta#Jinds this criterion to be met. 3. The request does not require granting a variation from the project' s allowed use(s) and does not request an increase in the allowed height or floor area. Staff Response: The proposed re-division of commercial space at Building 4 of Highlands Village does not require a variation from the project's allowed use at this location, nor does it involve a request to increase the allowed height or approved floor area. Staff finds this criterion to be met. 4. Any proposed changes to the approved dimensional requirements are limited to a technical nature, respond to a design parameter that could not have been foreseen during the Project Review approval, are within dimensional tolerances stated in the Project Review, or otherwise represents an insubstantial change. Staff Response: The proposal involves a reconfiguration of the walls of the commercial spaces at Building 4 of Highland's Village. The changes are within the dimensional tolerances stated in the original PD approval, and represent an insubstantial change to the PD. Stafffinds this criterion to be met. 5. An applicant may not apply for Detailed Review if an amendment is pending. Staff Response: The applicant is not applying for any Detailed Review at this time. Sta#finds this criterion to be met. 1 ATTACHMENT 2 -LAND USE APPLICATION PROJECT: 14161461,405 7,7.z A c c,YFR-4 14Â¥ Name: Al,7441 l-4 16,46/An 05 2 1-4 1 Location: 6/35 2#057<L160 094 0 -un /1 A- 4 11 2- F> (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) (7-1 325 1 1 14 \ 15 0 9 7.- APPLICANT: Name: 6*9*10' lecof-7 A aa'-164110<4 Lvil--10 Bn, L/,CL Address: c /Â·-4 3 112/vikc --78â‚¬ E-1-9 - 46,4 int- 4/021 Phone #: 4,2 6 -99 / -1 REPRESENTATIVE: Name: 60 Â»1 12/19+MA,1 D /A Wt_120-Tkc--rs InG Address: 0(1* E- 22677 8 4 Ace Â£-v--~ Phone #: 4.2.0 , 1./20 1 TYPE OF APPLICATION: *lease check all that apply): GMQS Exemption U Conceptual PUD O Temporary Use GMQS Allotment ~~ Final PUD (& PUD Amendment) O Text(Map Amendment Special Review U Subdivision El Conceptual SPA ESA - 8040 Greenline, Stream O Subdivision Exemption (includes O Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane U Commercial Design Review D Lot Split O Small Lodge Conversion/ Expansion O Residential Design Variance U Lot Line Adjustment Er Other: O Conditional Use , ASU Es t>Arrli/82- PU P /4 2,7 Al O Pl Â£*l i EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) RÂ¢91-/Ati 2471-7 u)/ L 4 26 f- 191 11,01 6 04 Â¥-F Pi-- A,11 2 <-h/0-12 Fati 1 'ill 91 9 /1 67 PROPOSAL: (description ofproposed buildings, uses, modifications, etc.) 0 /0 a JE-Q (;701 v:4-1-E- 1-2, Yi ,Y, 6, Â·412 UA Fac 0% 97*, 144Â·vz -r 64 6 0,7,07(n u 34/ 1 6*J/ -oar)Â£2 1 0 LiA 14,F , 0/Â£)/7 50~kÂ£. Have yod attached the following? FEES DUE: 4 21 11 5 - ~ Pre-Application Conference Summary Attachment #1, Signed Fee Agreement [D Response to Attachment #3, Dimensional Requirements Formi,714* O Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards 0 3-D Model for large project /1/* --- All plans that are larger than 8.5" X 11" must be folâ‚¬led. A disk with an electric c~ (Microsoft Word Format) must be submitted as part of the application. Large scale r v --.Je an electronic 3-D model. Your pre-application conference summary will indicate if you n~tjsubmit a 3-D model. 2 1 2013 CITY OF ASPEN Cl'ke*Â¢*FlOG I Peplpl *0064 2013 #15 1 6 C OMMUNITY DEV L PMENT P) ecÂ¥*34374 0000 .1.,Ii ......, i i .Irri AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: 013>3 p~ospee.1-op, Ack, an,4 01411 Aspen, CO (lseen High kx-nds Con jÂ£,mirliums . STATE OF COLORADO ) ) SS. County of Pitkin ) L 2-hec rn i kin Hck P. + i O (Daine, please print) being or representing adApplicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (IE) or Section 26.306.010.(E) of the Aspen Land Use Code in the following manner: Publication ofnotice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. Publication ofnonce: By the publication in the legal notice section of an official Paper or a paper of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. Sigarjee<.~ The foregoing "Affidavit of Notice" was acknowledged before me thisal*day of 0 *her , 2013-by -Zho-4 1 7':i A/44*i*-- PUBLIC NOTICE Of ~ DEVELOPMENT APPROVAL WITNESS MY HAND AND OFFICIAL SEAL Notice is hereby given to the general public of the approval of a site specific development plan, and the creation ola vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertain- ing to the following legally described property: As- My commission expires: 0.~ ~S~ tle pen Highlands Condominiums Phase 1, Unit 01411, Aspen Hightands Vi#age PUD, 0133 Pros- pector Rd., County of Pitkin, State of Colorado. On October 25th, 2013 the Community Development , Director granted Insubstantial PUD Amendment DiLLA RuÂ©_ -PoÂ»_,gr'*tr) approval to allow a wall to be constructed at the Notary Public current Highlands Pizza Company location that will divide this unit into two separate commercial spac- es. For further information contact Sara Nadolny, al the City of Aspen Community Development Dept. 130 S. Galena St, Aspen, Colorado (970) 429-2739. s/ City of Aspen ATTACHMENTS: Published in the Aspen Times Weekly on October COPY OF THE PUBLICATION 31. 2013._006774] Page 1 of 1 *56188* Print Date: Pitkin Countv Transaction #: 56188 Janice K. Vos Caudill 10/30/2013 2:15:58 Receipt #: 201307882 Clerk and Recorder PM Cashier Date: 10/30/2013 2:15:56 PM 530 East Main Street (LDEAN) Aspen, CO 81611 (970) 429-2707 www.PitkinClerk.org Custoiner Information Transaction Information Payment Summary DateReceived: 10/30/2013 Source Code: Over the Counter Over the () KIM RAYMOND ARCHITECTS INC Q Code: Counter Total Fees $31.00 1280 UTE AVE SUITE 5 ASPEN, CO 81611 Return Code: Over the Total Payments $31.00 Counter Trans Type: Recording Agent Ref Num: 1 Payments $31.00 fla| CHECK 1878 1 Recorded Items BK/PG: 0/0 Reception:605212 Date:10/30/2013 [013] (APPROVAL) APPROVAL ANY 2:15:54 PM FYPIF From: To: Recording @ $11 for 1pg and $5 for 2 or more pgs $1 Surcharge 5 $31.00 0 Search Items 0 Miscellaneous Items file://C:\Program Files\RecordingModule\default.htm 10/30/2013 IC li 1 RECEPTION#: 605212, 10/30/2013 at 2:15:54 PM, OF 5, R $31.00 Doc Code APPROVAL Janice K. Vos Caudill, Pitkin County, CO NOTICE OF APPROVAL For an Insubstantial PUD Amendment to Aspen Highlands Village PUD for Aspen Highlands Condominiums, Phase I aka 0133 Prospector Rd, Building 4, Unit C-4114 County of Pitkin, State of Colorado Parcel ID No.: 273514213052 APPLICANT: Eastwood Highlands Investors, LLC 0133 Prospector Rd, Suite 4102 Aspen, CO 81611 SUBJECT & SITE OF AMENDMENT: Aspen Highlands Village, 0133 Prospector Rd, Unit C-4114, Aspen CO, Site of Highlands Pizza Company SUMMARY: The applicant is requesting a PUD Amendment for the addition of a wall that will divide the current Highland's Pizza Company space into two separate commercial spaces. This wall will potentially change the way the now-adjacent commercial space is used. This PUD Amendment will memorialize the use of each space as commercial net-leasable spaces. BACKGROUND: This property is located in the Aspen Highlands Village PUD, and is part of the Ski Area Base (SKI)/PUD zone district. The Aspen Highlands Village PUD was originally approved by the Pitkin County Board of County Commissioners (BOCC) in 1997 via Resolution No. 97-167, and was later annexed into the City via Ordinance No. 8, Series of 2000. The City approved a rezoning of the parcel to R- 15, R-30, IUMP, Conservation, L/TR, Ski and PUD overlaying zoning districts via Ordinance No. 36, Series of 2000. In June, 2000 Insubstantial Amendment was granted permitting the high school lift towers to reach a height of 55'. In July, 2000 Insubstantial Amendment was granted allowing the reallocation of floor area within the Thunderbowl neighborhood. The amendment increased the floor area for affordable housing units, and swapped the amount of floor area permitted between Lot 1 and Lot 7. In March, 2002 Insubstantial Amendment was granted allowing for the staging location of the Maroon Bells RFTA bus. In June, 2003 Insubstantial Amendment was gated for decks on the affordable housing in the PUD, with areas under roof overhangs to be exempt from floor area calculations. 1 In 2010 Integrated Design Ideas was granted a building permit for a minor remodel to the commercial space of Building 4, which included the reconfiguration of the rest rooms and the construction of a wall with a door that would divide the main restaurant area into two. CURRENT PROPOSAL: The Applicant proposes to divide Unit 4144B of Highland's Village's Building 4 into two commercial spaces. The space is currently occupied by the Highlands Pizza Company, and measures 1,487 sq. ft. The proposed wall will divide the unit into two separate commercial spaces - one commercial 512 sq. ft., and the second measuring 975 sq. ft. The latter of the two spaces will continue to be used by the Highlands Pizza Company at this time. REVIEW PROCEDURE: â€¢ Insubstantial PUD Amendments to an approved development order for a final development plan may be approved by the Community Development Director, so long as a series of nine (9) criteria are met (see Exhibit B, Review Criteria). STAFF EVALUATION: Staff finds the proposal to meet the requirements for an Insubstantial PUD Amendment. The proposed wall does not change the use or character of the development, as the spaces will remain commercial in use. There is no change in the overall coverage of structures on the land. At this time Staff does not believe this proposal will add to an increase in trip generation rates, and there is no anticipated increase in demand for public utilities. This proposal does not change the amount of approved open space for the Aspen Highlands PUD, nor does it impact the amount of approved off-street parking and loading spaces, pavement widths, or right-of-way for streets and easements. The approved gross leasable floor area will remain unchanged, and there is no impact to the approved residential density o f the development. Staff finds this proposal to be consistent with the project's original approval which is to use the area for commercial purposes. However, Staff feels it is important to memorialize the changes associated with this approval to document the three newly created spaces as remaining commercial in use. Each of the three commercial spaces was originally part of a combined 2,143 sq. ft. commercial space. In 2010 the applicant received permission to construct Wall No. 1, indicating space A (as indicated in Figure A, below) would be used as overflow seating (along with another commercial use) for the adjacent restaurant. This made it clear that space A would remain commercial in nature even after the wall's construction. 2 BEYOND - -- ' Ilan -iCE-h \ \27 1 C 'Lv*râ€ž //I rij..J-P#........ EXISTING KITCHEN - 1 )- B AD~RAMP # i i EK:5TING 1 / i â€¢al Eul I 1 [EL Ellimil- i COMMERCIAL 4 1 N COMMERCIAL 512 sq n 656 sq M Space A Wall No. 1 Space B 7 -- }~ Â·"Â· 1Space C 1 -Â«11 3 i. - 16<~ COMMERCIAL 975 S.F 11 k ref - 1 1 1 1 671 ii A ' r i 1 //Li With the creation of Wall No. 2 between Spaces B & C, Staff is concerned that Space A will be used as circulation space, changing the designation from commercial net leasable to non-unit space. This would trigger a formal change in use and would require a full PUD Amendment with a board-level review. The Applicant has agreed that Space A will continue to be used a commercial space, and will not be maintained as merely circulation space for the other commercial units within Building 4. With this assurance, Staff finds the review criteria for and Insubstantial PUD Amendment to be met. Approval of this application is conditioned upon the following: â€¢ Space A (as indicated by Figure A, above) will continue to be used as commercial net- leasable space. 3 00000- DECISION: The Community Development Director finds the Administrative Application for an Insubstantial PUD Amendment, as noted above, to be consistent with the review criteria (Exhibit B) and thereby, APPROVES the request, with a condition. APPROVED BY: 04 29 2013 Chris Benddn, Community Development Director Date Attachments: Exhibit A: Site Plan (Recorded) Exhibit B: Review Criteria/Staff Findings (In file) Exhibit C: Application (In file) 4 Exhibit A Division of Commercial Spaces F---71 1\\ / 1 INGRESS/EGRESS gL--3\ - >/ 1 1 / \$ 1 FOR OFFICE SUITES 1 1,/ BEYOND 1.4 1 AL+Â« r h kt \ E KETING J i \ ADA BAT p i 1\ EXISTING KITCHEN 1 111\ 1 455 %\ el , F AL iA RAMP f 1. , t -i 1 Mi ~~1 EXISTING ~F--- U tt ADA BAIH ~ . '!! 49-~-UILIL up It- 1 4-- 1 2 COMMERCIAL k 1, 1 Â· COMMERCIAL 512 sq ft 656 sq R 31/2. 31/7 " Iii 4 21/4' EX]STING WALL / NEWDOCY' AND DOORS / l---r#- TO REMAIN rir O INEW WALLS -c= 1-11 COMMERCIAL 975 S.F 8 Z Ar - O- ? 0 6& .' .t# J IA . ~2 1 2, 11 i 31 1 # ~ ' TA i : Exhibit B Review Criteria 26.445.100. Amendment of PUD development order. A. PUD Insubstantial Amendments. An insubstantial amendment to an approved development order for a final development plan may be authorized by the Community Development Director. The following shall not be considered an insubstantial amendment: 1. A change in the use or character of the development. Staff Response: The Applicant has proposed a division to the current commercial space found at Building 4, Unit C-41148 of the Aspen Highlands Village. The space will continue to be used commercially. Stafffinds this criterion to be met. 2. An increase by greater than three percent (3%) in the overall coverage of structures on the land. staff Response: This application proposes no increase in the overall coverage of structures on the property. Stafffinds this criterion to be met. 3. Any amendment that substantially increases trip generation rates of the proposed development or the demand for public facilities. Staff Response: Staff does not anticipate any increases in trip generation rates to this property as a result of the application, or an increase on the demand for public facilities. Stafffinds this criterion to be met. 4. A reduction by greater than three percent (3%) of the approved open space. Staff Response: This application does not propose any change to the amount of approved open space on tile property. Staff finds this criterion to be met. 5. A reduction by greater than one percent (1%) of the off-street parking and loading space. Staff Response: This application does not propose any change to the amount of approved off-street parking and loading space for the property. Staff finds this criterion to be met. 6. A reduction in required pavement widths or rights-of-way for streets and easements. Staff Response: This application does not propose any changes in the required pavement widths or rights-of-way for streets and easements. Stafffinds this criterion to be met. 7. An increase of greater than two percent (2%) in the approved gross leasable floor area of commercial buildings. Staff Response: By creating the proposed walt, the large area currently used as a restaurant space for the Highiands Pizza Co. will be divided into two separate commercial spaces. There is no increase in the amount of approved gross leasable 1 floor area of this commercial building as a result of this application. Staff finds this criterion to be met. 8. An increase by greater than one percent (1%) in the approved residential density of the development. Staff Response: This application involves commercial space and has no impact on the amount of approved residential density of the development. Stafffinds this criterion to be met. 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. Stajf Response: Staff jinds this application to be consistent with the project's original approval. The subject area was designated as commercial space, and will continue to be used as such. The application does not require a variation from the project's approved use or dimensional requirements. Staffjinds this criterion to be met. 2 DEVELOPMENT ORDER ofthe City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Eastwood Highlands Investors. LLC - 0133 Prospector Rd, Unit C4144B, Aspen, CO 81611 Properly Owner's Name, Mailing Address Unit C-4114, Aspen Highlands Condominiums, Phase I, Aspen Highlands Village PUD, County of Pitkin. State of Colorado; commonly known as 0133 Prospector Rd, Aspen, CO 81611 Legal Description and Street Address of Subject Property The owner has received permission to install a wall to separate Unit No. C-4114 into two units, the first measuring 512 sq. ft. in size, and the second measuring 975 sq. ft. in size. Both units will continue to be used commercially. Written Description ofthe Site Specific Plan and/or Attachment Describing Plan Approval by the City of Aspen Community Development Director of an Insubstantial PUD Amendment; received October 28, 2013. Land Use Approve*s) Received and Dates (Attach Final Ordinances or Resolutions) October 31,2013 Effective Date of Development Order (Same as date ofpublication ojnotice of approval.) November 1.2016 Expiration Date of Development Order (The extension, reinstatement, exemptionfrom expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 28th day of August, 2013, by the City of Aspen Community Development Director. A IRAAA A 1 1 I ll/111/ }4 v k/VI/yq Ult'.1 Chris Bendon, Community Development Director . October 18, 2013 Chris Bendon City ofAspen RECEW Community Development Director OCT 9 1 2013 130 S Galena Street, 3rd Floor Aspen, CO 81611 CITY OF ASPEN COMMUNITY DEVELOPMENT RE: Highlands Pizza Company Eastwood Highlands Investors, LLC 0133 Prospector Rd, Unit C4114B, Aspen CO Parcel ID: 2735-142-130-052 Dear Chris Bendon, I am requesting the approval of The City of Aspen to build a wall inside the Highlands Pizza Company's existing dining room to create a private dining room within the current restaurant and overflow dining area. Please see the attached floor plans for the proposed waillocation. The following letter will address, the Sections o f the Land Use Application Manual and the Land Use Code as outlined by Sara Nadolny in the pre-application conference summary dated October 10, 2013. LAND USE APPLICATION MANUAL SECTIONS Section 1.1; Please see attached letter of authorization from Eastwood Highlands Investors, LLC granting Kim Raymond Architects, Inc authority to act on their behalf throughout this process. Section 1.2; Please see the attached Vicinity Map with a legal description and directions to the property. Section 1.3; Please find the Proof of Ownership in the form of a Certificate of Ownership and Special Warranty Deeds. 809 F Conner Avenne Ruited I ARnpn Cninrprin 181811 1 970 925 2259 Section 1.4; A site plan was waived since the proposed work is entirely interior. Section 1.5; Please see below, the description and summary of all requested information pertaining to the Land Use Code sections in regard to the proposed development. Section 1.6; Pre-application Conference Summary sheet is attached at the end of this packet of information. Section 1.7; Not Applicable Section 1.8; This application packet includes all requested docu by Sara Nadolny in the pre-application conference summary dat, FO LAND USE CODE SECTIONS OCT 2 1 2013 CITY OF ASPEN Section 26.445.100(A) PUD Insubstantial Amendments. COMMUNITY DEVELOPMENT The proposed work does not fall into any o f the nine categories listed in this section of the LUC; which would not be considered'insubstantial' amendments: 1. The use of the space remains unchanged. The dining area is just being divided into two dining rooms. 2. There is no change in overall coverage of structures on the land. 3. There will be no change to trip generation rates with the change of dining areas to the base of Highlands. 4. There will be no change to the approved open space in the development. 5. The off street parking is not affected. 6. No change to pavement or rights of way for streets or easements. 7. The work will have no affect on the approved gross leasable floor area of commercial buildings. There is no change of floor area. 8. The residential density remains unchanged. 9. The proposed wall in the existing restaurant to create a private dining area remains consistent with the project's original approval and does not require a variance for use or dimensional requirements. I look forward to working with the City on this small project; please don't hesitate to call if you need any further information from me. Thank you for your help with this matter. Sincerely, il fi_77 (4Â»*k Kim Raymond, Prirdipal Kim Raymond Architects, Inc 809 F Conner Ave.ni ip Ruitp. 4 1 Agnen Cninrgrin 1 81811 1 970 995 2952 1 \\ / 1 INGRESS/EGRESS 1 >/ 1 ... 1\1 FOR 1 // \ 1 OFFICE SUITES - v N I - BEYOND l.la i fi ;â€¢\ n / 74 ,/---3 / \ 7 , 4 -~ 1 1 EXISTING 's~ ADA BATH ~ / EXISTING KITCHEN 4\ 4:.--I-- 1\ 6\ \ ADARAMP ~\ --- Al / 7 \ 6 /; 1 1 1.'Al \ ' EXISTING ' ADA BATH ~ 133 - 1 1 OVERFLOW DINING /ARCADE PRIVATE DINING ROOM 1 - Â£ ~--- I 0%1 TO REMAIN 512 sq ft 656 sq ft 31/2" 31/2" â€ž 3'-6" 4'-2 1/4" t EXISTING WALL / NEW DOOAT - AND DOORS /' TO REMAIN r hi - NEW WALLS - RESTAURANT 975 S.F. /0 O FLOOR PLAN D 11 1) " J ' RECEIVED 00 T 2 1 28 02 CITY OF ASPEN COMMUNRY DEVELOPMENT ANVd INO) VZZId SaNV1H9IH 1300I/\I326 1NVhlnÂ¥1S3hl 03 'AlNAOO NI>Illd 00000 /--4 - 30 0. n 1- - LEGEND / GENERAL NOTES - -- C===] DISTING WALLS m BE REMCIED 1 1. DOMOT SCALE=I".'E mzi~ EXISTING WALLS % REMAIN ' - '~ 6==U--mf~%%/I #*=--Eln 1 ~~_- =- L .:..411 ~ s, Ge"AL CONT;â€¢CTOR '421 16Â¥0- A'|F~l.K}{COODITION COE' c. - #AL DRAW,10& AFO QOSâ„¢O COrÂ·K)mONS /,EAWâ‚¬] NOTI.Â¥ CE*~â‚¬RCF CZEZZZLIzl NEW WALLS . 11 a.: f *~ 010CFe'ANCEÂ» BE;~ORE I'PKX~C~IOV~TH 11â‚¬'NOFK . 11 / 4. I. 018Cf,EFANCIES aE,WEEN AF,C,~rEIN,1,4- 6,0 MEP 000.Â»Ae,1,9OR I.Ill - Â«d t DRAWI~Â«39 ANC nÂ£ FED CONDmONS 3--1. BE a~FE]WmaE DE~,131 *% 1,1 MICCEWNG WITH THE I.I... ' I . I C.LINa HaGHTS 'I NOTED FAOM .* FLDOR.I. /Jll,/11/lilllÂ»*0Â©/WIUIWI In/All//IM â€žte.9,Â·atedrles?3: ide" I ALL..14-~)RK,Na-LONG DEVICE ......g,0..00â‚¬â€¢15â„¢Cr ./ int 0 1 ...'..ICEWITHALL,PPI.O8UECOOES.~aR/'TOâ‚¬..4â‚¬PE.*e'.f..... GOVe-la.Ofw........ 01| 7. F,(TLE,DIOI,NS,J,ENDED FAOM CBUNG.AE TO BE â€ž,FCÂ»mgm/e,ecie<Tey FROM MECHANIC,â€¢L 0/ â‚¬LECn*34-DEVICEn <'13 WALL M-OR 5 CONTHACTOR TO SUPPLY aÂ·CJCIWI C'U,13 /IOFIER?aE SLPKK]Rr .lumâ€¢E PEN MIPÂ·,JFACT./148 R.L.'le'% .pg~TONEE [~SPSisER I CONTRACTOATICOOHOINATELENDiTSOFSLmPEM,e,Â«UEm./.U.O.... " _~_ TYPE TD aE HUNG*r THEAAMEHEDiT U.NO. BAA (Ho NT 1 I ALL 'Ul.Ir,LE 9~rTCH LOCATICI AFETO I (ANGED K FAILED 1 FACE MATE COVER MATES SHALL NOT BE Ctr//OBIJTTED rh E PAPE' 11 +RES'/IMI'.0~3YNTEMT'BE'/MFEDÂ·10/0Â¢0/AgATE '/Al' ~//4/E 1 --1 \ CONTRACTOR TO BUS- LAYOLT JO 0/"/5 /OR N'FlvAL 12 REFG, TO 3~E:F1CATI0N8 PACKAÂ£* FOR .........7/4 ~ .*i'll".IM 1 - \ I /1 *.~I.WI- -*11 11 1-UP OLA. ////// 1-1/7 I * Lo~ MIN. DISTANCE FROM WALL. \ NOTE: HAND RAILING I RAMP , 1 ~ -3 ENCODE & STAIRS TO EXTEND 17 -iji,E=L 51/2â€¢_ 1 -r=L PER IDE BEYOND ROP & BorrOM RISER, 7--ULLWAY 41~â€¢ 3Â¢-1 +VT.- 2 -hÂ« 1 '* /\ 1 EL/-3 \6 /41 2 0 j 11 rf of,--1. friE~ 1 7% -;4 \ 1 ' 1 0.1;10 MANRHEMn 0,07-10 30[EhiATC DIKIN -91Â· ?1-7 m i 05Â·21.10 PER.*rrEUE,AIrrAL 1 0 00Â«948 Â· 91-1 06Â·Â»10 PEI[rr SUBMITTAL.2 iL 01 ' ~ 1 ~~~P' , â€¢WOMEN ; il "1'/~~Â»" U=== $ 1 , \ 1,4~ 1 i \- T /49 1 3 U b__Li,1 4, ~ ~ 2.12 . < --~-- ~~ KITCHEN i - \ UJLL/JL* :+1 I -42 %Â¥ 0441 1 1 r Dll I - 7-/I-/*.7,-r.4- )) 1 1 4 + --I--I- ----r---- f K Vt"Jur M Vill'Â«~ 118 'i ,< : I I hy . 1 1 ,-1[EN: i,Â£--13 STRIP BLOCKING 0 1 1 1 0 9#j + 1-,+ t' / 2~ " 1 '1~2 ~'\ PA,mnoNS,SHELIa - , \Â·,/14\ ACCESSORIES, MIRROR, --------- - 17-:, 1 L ~ TO BECARAET SQUAREI, PER ~ \OWNER SPEbIFICAITONS~ 1Â¥P, y 622, 00 1 1- m.------ ARCADE u UX 1 1 1 i957=01 M , Ck n COOK z 1 1 6'-7 1/1 + I 51-4. 1 \. . 1 A HIGHIANDS , 3% --. BAR -1~ 396 /-'I' DEVELOPMENT 4 1 1 -,-- 1 0 - U I 8*J \ 0\ 1 ' /7 EXIST. TENANT SPACE ~ EXIST. TENANT SPACE_ ASPEN HXIHIANDe Vnl,â€¢OB ' SIGN ABCM DOOR MUST O 0000 0 :*$Â£.ADO 62% NOTE, DO]ORS NUST RD,INN==1 4.' t UNLOCKED DURING BUSI/*39 \ PROPOSED TENANT IMPROVEMENT 4-1 f 71 0-3 3 L 1 1 1 ARCIADE . DINING FL.00â€ž0 _ . n _11 I Â«==>11*_r~M r-*- Â°= Â»Aut-Â·t Lb i , 17] Â· i / t DINING -- 9 * ~2s7 23 03 - 4 --:1 cp, 41/ 10 E Â» E _!1 .F==lnmnm VESTIBULE -1. 1 , I \ if-__ tu' ItÂ¢# 4 ~__ -,16 5'-41.'2' _-Â·L~--J ,- i x. ...1. 'tr~, 1 ~~ - 200100 ::33.1* .IrmE 4 1/4' 27-1104 PROPOSED PLAZA LEVEL. FLOOR MAN ~ PROPOSED PLAZA LEVEL FLOOR PLAN ATTACHMENT 5 A-2.1 1,;4'-1'-7 4-21~4 ' V / - C 11=....=- 1133# integratednes,9,=ideas EXISTING SPACE UNUSED 1 LEGEND FUTURE REMODEL OPTION '--------3 EXISTING WALLS TO BE REMOVED *-% 6.-------- 1-Z~~ EXISTING WALLS TO REMAIN 1 1 NEW WALLS --1 X /1 ~ EXISTING SPACE UNUSED ~ \ FUTURE REMODEL OPTION ~ EXISTING SERVICE HALLWAY 8 h I 141 1 151 LL Â®,7.10 samuns DemoN 04-1,10 MANIUIVIEWâ€¢1 [-i411-im â€¢ Â¥-7 H [~ 17--71 1 -1 -1/ 3 - 0521-10 PEB1[rr 51_]indrrrAL : 06,2110 PERMir SUmarrAL- 1 ----12-2-74 3 -=fer T ,,uir, 0 0513-10 HOA DEEKIN MEEIING , 1 051 "' - 1/4-1- - I.651 2 - : ' ~ATHR:M-4 1 R, pz#12*fi, -* 024=ma Â® Ml i~Â·El, r4 \ 1 L--1-3--1 %23......--==0-.C= \\ 3 i \\1 4 li EXISTING KITCHEN i Â·r 73*05ur=z---- 03114'. In 1 - - \ 11\ '4.-91-1 i[BYIQI Zoozy.L-7.- \9.Zrz4~ 2=35 \Wlâ‚¬\ rz=zÂ¢-1 QEFICE@I] \1 1,tut.LE--J ~ %114 ~ ~f- -toii~{.1 - 1~ 43~ FI--7-[1 -fr- ~-,-----.,---- ~-, ---. 1 1 7 9-1 2 Iii] -n \ ; 11-[63 / - -,- . 1 /1 L EXISTING ART GALLERY DEMOL]TION NOTES mir 4-;gÂ£-*Â»-4 -----+:-4. _ UP , ~ALL NEW WALLS & CEILING TO BE SKIP TROWEL TEXTURE TO MATCH EXISTI NG CONDITIONS. COLOR TO MATCH EXISTING. 31 EXISTING BAR & PREP + CONTRACTOR SUPPLIED AND INSTALLED. ..4 Â«< 5/ 2 I A HIGHLANDS ~ EXISTING FLOORING TO BE REMOVED AS NOTED. CONTRACTOR TO 1 . PREPARE CONCRETE FOR NEW FLOORING AS SPECIFIED BY OWNER. -91.1 - E t:-0 ... I l. I I ~ -#.....* I j u DEVELOPMENT ~ EXISTINGINTERIOR BASEBOARDS. DOORSANDCASINGTOBE . REMOVED. PREPARE FOR NEW BASE, CASE & DOORS. SEE FINISH SCHEDULE ASPEN Ht]HIANDS VILIAGE ' ASPEN, COLORADO ~ EXISTING EXTER IOR DOORS AND WINDOWS TO BE CLEANED 1 DINING ~ UPON COMPLETION OF JOB. ~ EXISTING UGHTING TO BE REMOVED. PREPARE FOR NEW LIGHTING. ALL 2X2 & 2X4 FLOURESCENT LIGHTS Â· 4--- 7 1 I TO BE SALVAGED FOR TENANT. SEE RCP. DINING -; 1 1 ~ CONTRACTOR TO UPDATE ELECTRICAL AND PLUMBING EXISTING DINING AS NEEDED PER CODE. , t~i ~m EY] Lgg-1 - 1 ~ MECHANICAL SYSTEMS TO 8E COORDINATED BY CONTRACTOR, PER CODE. ~ REMOVE EXSTG. OUTLETS & SWITCHES. NEW OUTLETS, SWITCHES AND 04 1 = 1: PLATE COVERS TO BE AT NEW SPECIFIED LOCATIONS. COLOR TO MATCH EXSTG. - pEFRIE L. E ~ ALL WOOD SCRAP TO BE RECYCLED/COMPOSTED PER CITY REQUIREMENTS ELd lb'19 u 44-n'WI' i . 1 11,Ct, 1 O ~ PLUMBING FIXTURES TO BE REMOVED. TOILETS AND GRAB 8ARS TO BE RE-USED. 3 jI] REMOVE EXISTING DOORS & RE-USE ]N NEW LOCATION. 03 .--___11/ .- -- [03-41- 1 11Â® i m8 6 , ---193 ~2] REMOVE EXISTING DOOR. PREP WALL TO MATCH EXISTING. pL--- 11 CE 11 i I mo= m ~ REMOVE EXISTING WAU AND PREP FOR NEW DOOR. 0 1 200100 1 " 11 1111--1:11 f ...z ~ REMOVE GRAB BARS O BATHROOM. PREP WALL FOR NEW BLOCKING AT SPECIFIED LOCATIONS ON INTERIOR ELEVATIO IS. HETTInE [t~ REMOVE ALL BATHROOM FIXTURES. PREP WALL- BLOCKING FOR NEW MIRROR.TOILET PAPER DISPENSER, ETC. SEE INTERIOR ELEVATIONS. PLAZA I.EVEL DEMOLmON ~ REMOVE EXISTING EXHAUST FAN. PREP FOR NEW FAN. 0 ~ E.00 * PLAZA LEVEL DEMOLTION FLOOR PLAN D-1.0 1,4/1'-0' ATTACHMENT 3 Â® t=]P It -2 th' 'ne-â€žu . TIT-lph 4-, - , k----11, t jL-J " r 6% /-//en rg /' 1 J - 1 Â·â€¢:.10 M.U.*rrull 040110 01~U1= 0-~m 11 --In-- r 1 i r =077--~ 2222=2==-u c ~ 21-7 Â¢ 1 141 1-1 f 04 11\23Â» l-F 0.*.-#A>I,-4.4-7 : :, b. 44 r , i,.' .,:,-'.-...,Ai t. t=Ub.- - ARTE L'{ , ,1,-'---.+-A 1 f, ti . 2.5 ----------Â·r ~~Â»u-4670--1.t+:9.737-:c:* 1 4. -' HIGHLANDS 0181 , ~~~~-_ -- -7' 246*-Ar~- 4 - ,~m,~relJ 1 0 1 DEVELOPMENT *a~N 01**ACO i Crt- 'I, 1 1-.; 31 // " A , , - I, I. i; f W.k . i- f F-7-4 7Â»U I 1414 4 -tilÂ»411 LOBBY 105 ' u=EalÂ«- 1 l.. /.C / fri V =: -- PROPOSED PLAZA LEVEL FLOOR PLAN A-2.1 - Eastwood I lighla....s Investors, LLC DI.1 1 Prospeellit' Rd.. Suite Â·110.1..'Upen (7) 81611 (970)925.9817 photie (970)920.6905 fax October 16,2013 City of Aspen Attn: Sara Nadolny 130 South Galena Street Aspen, CO 81611 RE: Insubstantial PUD Amendment for C4114B Dear Ms. Nadolny, Please accept this letter as approval for Kim Raymond of Kim Raymond Architects to apply for an insubstantial PUD amendment for building 4 on our, Eastwood Highlands Investors. LLC, behalf. Please see below for Kim's information: Kim Raymond Architects 802 East Cooper Aspen, CO 81611 970-925-2252 RECEIVED Thank you, COMMUNITY DEVELOPMENT OCT 2 1 2013 ,---77 CITY OF ASPEN Jordan Sarick Eastwood Highlands Investors, LLC Manager &4 14,4 LAND D P /114 1691 PAR 6113 Â¥'.C"PEG:rb, 99, UM'Te-,u#e AM' *4 " 1 Â®40 60 % 4 1 ;t 49 k A/Â·i P 2 7'.:1.4 /4 6 - 4 O 4 LIA it :t,1 I â€¢tah 1 ..3.1 C 1 8 .9 1 Wtag,C Cafpet 2# 110 1-6 ~ 4,KS~- 7 81-,eksk,f' r~'e"A S # }1 ~f k ,||:M V:|I 1 kn :11 lekln ~re,1 1 /0.. . , ev , Stemer Gulch I t, M . If'Â¢' ~ I h-' i In,rrlÂ·: r.1 W .qÂ·Â·. il'll .1 N Atell i / 9 ///// 0 - 1 I =0 70 / Al j 9 e m 1- U 0 - ack Exoress< Tiehack E~~ â‚¬ 49 m # rn p Pll &# 2 / 0 -0 0 1'11 j 4- Ffehark Pa 2 00Â¥ m litgÂ·,1.,Â·le:.,~/* P \ 3% laseat 04.11,1 4104 44 /#- 1N3Md013A30 CERTIFICATE OF OWNERSHIP The undersigned, an Attorney licensed to practice law in the State of Colorado with Colorado Supreme Court Registration No. 30719 hereby certifies the ownership of the following real property located at 0133 Prospector Road, Aspen, Pitkin County, Colorado (the "Property"). A. The parcel proposed for development is legally described as follows: UNIT C-4114, ASPEN HIGHLANDS CONDOMINIUMS, PHASE I, ACCORDING TO THE CONDOMINIUM MAP RECORDED JANUARY 113 2001 IN PLAT BOOK 56 AT PAGE 24 AND AMENDED ON JANUARY 27, 2005 IN PLAT BOOK 72 AT PACE 6 AS RECEPTION NO. 506407 AND AS FURTHER DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION FOR ASPEN HIGHLANDS CONDOMINIUMS RECORDED JANUARY 11, 2001 UNDER RECEPTION NO. 450454. B. The names of all owners of the property are as follows: PI CASTLE ROCK, LLC, A COLORADO LIMITED LIABILITY COMPANY AS TO AN UNDIVIDED 14.28% INTEREST , AND EASTWOOD HIGHLANDS INVESTORS, LLC, A COLORADO LIMITED LIABILITY COMPANY AS TO AN UNDIVIDED 85.72% INTEREST C. The Property is not subject to the following deeds oftrust, mortgages, judgments or liens: 1. DEED OF TRUST DATED MAY 03,2013, FROM PI CASTLE ROCK, LLC, A COLORADO LIMITED LIABILITY COMPANY AS TO AN UNDIVIDED 14.28% INTEREST, AND EASTWOOD HIGHLANDS INVESTORS, LLC, A COLORADO LIMITED LIABILITY COMPANY AS TO AN UNDIVIDED 85.72% INTEREST TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF ALPINE BANK TO SECURE THE SUM OF $2,500,000.00 RECORDED MP V no 2013, UNDER RECEPTION NO. 599256; SAID DEED OF TRUST WAS FU EIVED SECURED BY ASSIGNMENT OF RENTS RECORDED MAY 03, 2013, UNDER RECEPTION NO. 599257 OCT 2 1 7013 2. The lien for 2013 ad valorem real property taxes, payable in 201 @ITY Of- ASPEN ,(lAMI tery OEVA rul t'ENI D. A list of all easements, contracts and agreements affecting the Property is as follows: 1. 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 1 BUS RE/49I3927.1 2. 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. 3. EASEMENTS AND RIGHTS OF WAY FOR WATER PIPELINE PURPOSES AS SET FORTH IN INSTRUMENTS RECORDED JUNE 10, 1960 IN BOOK 191 AT PAGE 1 5 ANDRECORDED SEPTEMBER 18, 1961 IN BOOK 195 AT PAGE 231. 4. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION #97-167 RECORDED SEPTEMBER 30, 1998 AT RECEPTION NO. 422629 AND RESOLUTION #39 (SERIES OF 1998) RECORDED OCTOBER 5, 1998 UNDER RECEPTION NO. 422779 AND RESOLUTION #98-79 RECORDED OCTOBER 15, 1998 IJNDER RECEPTION NO. 423268. 5. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED APRIL 28, 1981 IN BOOK 407 AT PAGE 648 AND ASSIGNMENTS TIIEREOF RECORDED DECEMBER 13, 1993 IN BOOK 734 AT PAGE 685 AND RECORDED DECEMBER 13, 1993 IN BOOK 734 AT PAGE 848. 6. TERMS, CONDITIONS AND PROVISIONS OF ORDER OF INCLUSION IN ASPEN CONSOLIDATED SANITATION DISTRICT RECORDED DECEMBER 09,1997 UNDER RECEPTION NO. 411462. 7. TERMS, CONDITIONS AND PROVISIONS OF SPECIAL COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED OCTOBER 27, 1997 UNDER RECEPTION NO. 409939. 8. EASEMENTS, RIGHTS OF WAY, TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS CONTAINED IN EASEMENT AGREEMENT (BLOCK D), RECORDED OCTOBER 15, 1998 UNDER RECEPTION NO. 423258. 9. EASEMENT, RIGHTS OF WAY, TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS CONTAINED IN SKI EASEMENT AGREEMENT RECORDED OCTOBER 15, 1998 UNDER RECEPTION NO. 423259. 10. TERMS, CONDITIONS AND PROVISIONS OF RAW WATER AGREEMENT, IRRIGATION, RECORDED OCTOBER 05, 1998 AT RECEPTION NO. 422780. 11. TERMS, CONDITIONS AND PROVISIONS OF WATER SE *EIVED AGREEMENT RECORDED OCTOBER 05, 1998 AT RECEPTION NO. 420~2 AND FIRST ADDENDUM THERETO RECORDED OCTOBER 5, 1998 UNDER 2 1 2013 RECEPTION NO. 422783. COMMUNITY 0EVEI OPMENT CITY OF ASPEN 12. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, 2 BUS RE/4913927.1 FAMILIAL STATUS OR NATIONAL ORIGIN UNLESS AND ONLY TO THE EXTENT THAT SAID COVENANT (A) IS EXEMPT UNDER CHAPTER 42, SECTION 3607 OF THE UNITED STATES CODE OR (B) RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS, AS CONTAINED IN INSTRUMENT RECORDED OCTOBER 15, 1998, UNDER RECEPTION NO. 423272. 13. TERMS, CONDITIONS AND PROVISIONS OF PLANNED UNIT DEVELOPMENT GUIDE RECORDED OCTOBER 15, 1998 AT RECEPTION NO. 423274 AND RESOLUTION 98-254 RECORDED AUGUST 25, 1999 AS RECEPTION NO. 434844. 14. TERMS, CONDITIONS AND PROVISIONS OF PRECONNECTION AGREEMENT RECORDED OCTOBER 15, 1998 AT RECEPTION NO. 423276. 15. TERMS, CONDITIONS AND PROVISIONS OF COLLECTION SYSTEMS AGREEMENT RECORDED OCTOBER 15, 1998 AT RECEPTION NO. 423277. 16. 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. 17. EASEMENTS, RIGHTS OF WAY AND OTIIER MATTERS AS SET FORTH ON THE PLAT OF ASPEN HIGHLANDS VILLAGE PUD, RECORDED OCTOBER 15, 1998 IN PLAT BOOK 47 AT PAGE 1 AND AS SHOWN ON THE SUPPLEMENTAL PLAT RECORDED SEPTEMBER 28, 1999 IN PLAT BOOK 51 AT PAGE 41 AS RECEPTION NO. 436003. 18. TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS, EASEMENTS AND RIGHTS OF WAY AS SET FORTH IN INSTRUMENTS RECORDED OCTOBER 15, 1998 UNDER RECEPTION NO. 423281. 19. TERMS, AGREEMENTS, PROVISIONS, CONDITIONS AND OBLIGATIONS OF CITY OF ASPEN, EASEMENT AGREEMENT (MAROON CREEK PIPELINE) RECORDED OCTOBER 15, 1998 AS RECEPTION NO. 423282. 20. TERMS, CONDITIONS AND PROVISIONS OF TRENCH, CONDUIT AND VAULT AGREEMENT RECORDED JANUARY 11, 1999 AT RECEPTION NO. 426421. 21. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION REC#4#D RECORDED AUGUST 12, 1999 AT RECEPTION NO. 434364 AND 4/.19 AUGUST 30, 1999 AS RECEPTION NO. 435034. CITY OF ASPEN COMMUNITY DEVELOPMENT 3 BUS_RE/4913927.1 22. TERMS, AGREEMENTS, PROVISIONS, CONDITIONS AND OBLIGATIONS OF SUCCESSOR DESIGNATION RECORDED SEPTEMBER 30, 1999 AS RECEPTION NO. 436130. 23. TERMS, AGREEMENTS, PROVISIONS, CONDITIONS AND OBLIGATIONS OF ORDINANCE #8 (SERIES OF 2000), RECORDED MAY 1, 2000 AS RECEPTION NO. 442835. 24. ANY AND ALL EASEMENTS, RIGHTS OF WAY, PLAT NOTES AND ANY AND ALL OTHER MATTERS AS SHOWN ON THE ASPEN HIGHLANDS VILLAGE P.U.D. ANNEXATION NO. 1 PLAT RECORDED MAY 1, 2000 IN PLAT BOOK 53 AT PAGE 12. 25. TERMS, AGREEMENTS, PROVISIONS, CONDITIONS AND OBLIGATIONS OF MEMORANDUM, REGARDING HIGH SCHOOL LIFT TOWERS, RECORDED AUGUST 30,2000 AS RECEPTION NO. 446537. 26. TERMS, AGREEMENTS, PROVISIONS, CONDITIONS AND OBLIGATIONS OF GRANT OF EASEMENT RECORDED NOVEMBER 20,2000 AS RECEPTION NO. 448998. 27. TERMS, AGREEMENTS, PROVISIONS, CONDITIONS, AND OBLIGATIONS OF ORDINANCE #35, SERIES OF 2000 RECORDED NOVEMBER 28,2000 AS RECEPTION NO. 449206. 28. TERMS, AGREEMENTS, PROVISIONS, CONDITIONS AND OBLIGATIONS OF ORDINANCE #36, SERIES OF 2000 RECORDED NOVEMBER 28,2000 AS RECEPTION NO. 449207. 29. TERMS, AGREEEMENTS, PROVISIONS, CONDITIONS AND OBLIGATIONS OF DEDICATION AND ASSUMPTION EASEMENT AGREEMENT RECORDED DECEMBER 13, 2000 AS RECEPTION NO. 449654 AND FIRST AMMENDMENT RECORDED OCTOBER 9,2002 UNDER RECEPTION NO. 473171. 30. TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM RECORDED SEPTEMBER 05, 2001 AT RECEPTION NO. 458306. 31. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION OF THE ASPEN HIGHLANDS COMMERCIAL METROPOLITAN DISTRICT RECORDED FEBRUARY 20,2002 AT RECEPTION NO. 464115 AND RESOLUTION RECORDED FEBRUARY 20,02 UNDER RECEPTION NO. 464116 AND AGREEMENT RECORDED DECEMBER 5,2002 UNDER RECERE;OEIVEb 32. TERMS, CONDITIONS AND PROVISIONS OF GARDEN PARK LICENSE AGREEMENT RECORDED FEBRUARY 20,2003 AT RUMEPII@90Â¢O. 479004. CITY OF ASPEN COMMIINITY DEVELOPMENT 4 BUS RE/4913927.1 rifi 33. TERMS, CONDITIONS AND PROVISIONS OF RATIFICATION AGREEMENT RECORDED NOVEMBER 20,2007 AT RECEPTION NO. 544200. 34. TERMS, CONDITIONS AND PROVISIONS OF RATIFICATION OF NO INTEREST RECORDED DECEMBER 28,2007 AT RECEPTION NO. 545327. 35. TERMS, CONDITIONS AND PROVISIONS OF USE RESTRICTION AGREEMENT RECORDED MARCH 19, 2008 AT RECEPTION NO. 547606. 36. TERMS, CONDITIONS AND PROVISIONS OF RESTRICTIVE COVENANTS AGREEMENTS RECORDED NOVEMBER 20,2007 AT RECEPTION NO. 544202 AND RECORDED DECEMBER 6,2007 AT RECEPTION NO. 544695. 37. TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM OF TENANCY IN COMMON AGREEMENT RECORDED APRIL 09,2008 AT RECEPTION NO. 548201. 38. TERMS, CONDITIONS AND PROVISIONS OF LAND USE CODE INTERPRETATION RECORDED APRIL 10, 2008 AT RECEPTION NO. 548248. 39. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION# 34-2006 RECORDED MARCH 14, 2007 AT RECEPTION NO. 535391. 40. ANY AND ALL EASEMENTS, RIGHTS OF WAY, PLAT NOTES AND ALL OTHER MATTERS AS SHOWN ON THE PLAT OF ASPEN HIGHLANDS CONDOMINIUMS, A COLORADO COMMON INTEREST CONDOMINIUM, ACCORDING TO THE PLAT RECORDED JANUARY 11, 2001 IN PLAT BOOK 56 AT PAGE 24 AS RECEPTION NO. 450455 AND AMENDED PLAT RECORDED JANUARY 273 2005 IN PLAT BOOK 72 AT PAGE 6 UNDER RECEPTION NO. 506407. 41. TERMS, AGREEMENTS, PROVISIONS, RESTRICTIONS, CONDITIONS AND OBLIGATIONS AS SHOWN IN THE DECLARATION OF CONDOMINIUM FOR ASPEN HIGHLANDS CONDOMINIUMS, ASPEN HIGHLANDS VILLAGE, CITY OF ASPEN, RECORDED JANUARY 11, 2001 AS RECEPTION NO. 450454 AND FIRST AMENDMENT RECORDED JULY 2, 2001 UNDER RECEPTION NO. 456026, SECOND AMENDMENT RECORDED OCTOBER 9, 2001 UNDER RECEPTION NO. 459556, THIRD AMENDMENT RECORDED JANUARY 27,2005 UNDER RECEPTION NO. 506406 AND FIRST SUPPLEMENT RECORDED JUNE 11,2002 UNDER RECEPTION NO. 468555. 42. EASEMENTS, RIGHTS OF WAY AND ALL OTHER MATTERS AS DISCLOSED ON CONDOMINIUM MAP OF ASPEN HIGHLANDS CONDOMINIUMS, RECORDED JANUARY 11,2001 IN PLAT BE --- - - -- GE 20 AND FIRST SUPPLEMENT RECORDED JUNE 11, 2002 IPRL ./ e.m / m *- - PAGE 81. OCT 2 1 2013 CITY OF ASPEN 5 COMMUNITY DEVELOPMENT BUS_RE/4913927,1 . 43. TERMS, AGREEMENTS, PROVISIONS, CONDITIONS AND OBLIGATIONS OF CENTRAL PLANT AGREEMENT RECORDED JANUARY 17, 2001 AS RECEPTION NO. 450594 AND RECORDED DECEMBER 23,2002 UNDER RECEPTION NO. 476466. 44. TERMS, CONDITIONS AND PROVISIONS OF COVENANT AND NOTICE RECORDED FEBRUARY 08, 2001 AT RECEPTION NO. 451327. 45. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AGREEMENT RECORDED JUNE 11, 2002 AT RECEPTION NO. 468562. F. The owners PI CASTLE ROCK, LLC, A COLORADO LIMITED LIABILITY COMPANY AS TO AN UNDIVIDED 14.28% INTEREST, AND EASTWOOD HIGHLANDS INVESTORS, LLC, A COLORADO LIMITED LIABILITY COMPANY AS TO AN UNDIVIDED 85.72% INTEREST have the right to apply for development of the Property. RECEIVED OCT 2 1 2013 6 CITY OF ASPEN COMMUNITY DEVELOPMENT BUS_RE/4913927.1 ~ 1 A 7 Dated: October 17, 2013 1,unt\ANUA-,2 ~eÂ®ifer M. Causing U Mtorney at Law 201 N. Mill Street, Suite 201 Aspen CO 81611 STATE OF COLORADO ) ) SS COUNTY OF PITKIN ) The foregoing Certificate of Ownership was acknowledged before me, a Notary Public in and for the State of Colorado, by Jennifer Causing, Attorney at Law, personally known to me to be the person who subscribed the within instrument on October 17, 2013. Witness my hand and seal. My Commission Expires: 4 /0- 4 1 201 6Â£ O L,t-1.11:WAL-,3 Nlary Public (j 0:% 21 3) ZO :O 03;5 2: â‚¬'lisilti,252, RECEIVED OCT 2 1 2013 CITY OF ASPEN COMMUNITY DEVELOPMENT 7 BUS_RE/4913927.1 RECEPTION#: 8, 11/20/2007 at 10:44:59 AM, 1 OF 6, $31.00 DF $134.59 Janice K. Vos Caudill, Pitkin County, CO CITY CF ASPEN CITY OF ASPEN WMAOT PAID HRETT PAID DATE MEP MC). DAT@ REP NO. ,\7.107 d 80167 "10 01.7 â‚¬ 3 01 6 F Recording Requested by: Jennifer M. Causing State Documentary Fee Date When Recorded Return to: KRABACHER & SANDERS, P.C. $ 8% 5-9~ 201 North Mill Street, Suite 201 Aspen, CO 81611 SPECIAL WARRANTY DEED THIS DEED, made this 14~1 day of November, 2007, between HINES HIGHLANDS LIMITED PARTNERSHIP, a Delaware limited partnership, Grantor, and EASTWOOD HIGHLANDS INVESTORS, LLC, a Colorado limited liability company, whose legal address is 520 East Cooper #230, Aspen, Colorado 81611 of the County of Pitkin, State of Colorado, Grantee; WITNESSETH, That Grantor, for and in consideration of the sum of Ten Dollars, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm, unto Grantee, and Grantee's heirs, successors and assigns forever, all the real property, together with all improvements, if any, situate, lying and being in the County of Pitkin, State of Colorado, described as follows: UNTr 04114, ASPEN HIGHLANDS CONDOMNIUMS, PHASE 1, ACCORDING TO THE CONDOMINIUM MAP RECORDED JANUARY 11, 2001 IN PLAT BOOK 56 AT PAGE 24 AND AMENDED ON JANUARY 27, 2005 IN PLAT BOOK 72 AT PAGE 6 AS RECEPTION NO. 506407 AND AS FURTHER DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION FOR ASPEN HIGHLANDS CONDOMINIUMS RECORDED JANUARY 11,2001 UNDER RECEPTION NO. 450454. COUNTY OF PITKIN, STATE OF COLORADO. TOGETHER WITH all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto Grantee, and Grantee's heirs, successors and assigns forever. Grantor, for Grantor and Grantor's heirs, successors and assigns, do covenant and agree that Grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of Grantee, and Grantee's heirs, successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under Grantor except those matters as set forth on Exhibit A; {00120451.DOC / 1} RECEIVED OCT 2 1 2013 CITY OF ASPEN COMMUNITY DEVELOPMENT ' RECEPTION#: .33, 11/20/2007 at 10:44:59 AM, 2 OF 6 Janice K. Vo- --udill, Pitkin County, CO Grantor specifically reserves unto itself and does except from the grant, bargain sale and conveyance hereunder the fblIowing interests of Grantor: All unused Housing or Employee Credits and all unused Growth Management Quota System allotments for Free Market Housing held by Grantor wbich arose from, or were a part of, the original Planned Unit Development (PUD) land use approvals for the Aspen Highlands Village PUD, which includes the real property described in this Special Warranty Deed. IN WITNESS WHEREOF, Grantor has executed this deed on the date set forth above. HINES HIGHLANDS LNTED PARTNERSHIP A Delaware limited partnership By: ASPEN HIGHLANDS SKIING CORPORATION, A Del~~re corpeÂ®lion, its general partner Robert E. Daniel, Jr., Vice President STATE OF COLORADO ) ) SS COUNTY OF PITKIN ) Cr.& The foregoing instrument was acknowledged before me tbisd day ofNovember 2007 by Robert E. Daniel, as Vice President of the Aspen Highlands Skiing Corporation, a Delaware corporation, as General Partner of Hines Highlands Limited Partnership, A Delaware Limited Partnership. Witness My hand and seal (12 - - 1*y ComrrisdonÂ»st 1'1~ F Nd~T-Public 0 / 1 ~ JANICEL JOHNSON . NOTARY PUBUC } ~. STATE OF-ELORADO<~ --2 - .r v. Â·eX!6 - N91.:7Public :.*v Â·3:inm~tonÂ«'.'Ah,3. {00120451.DOC/1} RECEIVED OCT 2 1 2013 CITY OF ASPEN COMMUNITY DEVELOPMENT RECEPTION#: 93, 11/20/2007 at 10:44:59 AM, 3 OF 6 Janice K. Vo- -audill, Pitkin County, CO EXHIBIT A TO SPECIAL WARRANTY DEED, DATED NOVEMBER 14, 2007 1 - 6: (ITEMS INTENTIONALLY DELETED) 7. Taxes and Assessments for the Year 2007 and subsequent years. 8. (TTEM INTENTIONALLY DELETED) 9. 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 ZQ AND RECORDED APRIL 7, 1903 IN BOOK 55 AT PAGE EQZ 10. 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 5Q6 11. EASEMENTS AND RIGHTS OF WAY FOR WATER PIPEUNE PURPOSES AS SET FORTH IN INSTRUMENTS RECORDED JUNE 10, 1960 IN BOOK 191 AT PAGE 12 AND RECORDED SEPTEMBER 18, 1961 IN BOOK 195 AT PAGE 231 12. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION #97-167 RECORDED SEPTEMBER 30, 1998 AT RECEPnON NO. 422629 AND RESOLUTION #39 (SERIES OF 1998) RECORDED OCTOBER 5,1998 UNDER RECEPTION NO. 422779 AND RESOLUTION #98-79 RECORDED OCTOBER 15, 1998 UNDER RECEPTION NO. 423268. 13. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED APRIL 28, 1981 IN BOOK 407 AT PAGE 28 AND ASSIGNMENTS THEREOF RECORDED DECEMBER 13, 1993 IN BOOK 734 AT PAGE 25 AND RECORDED DECEMB ER 13, 1993 IN BOOK 734 AT PAGE 21 14. TERMS, CONDITIONS AND PROVISIONS OF ORDER OF INCLUSION IN ASPEN CONSOUDATED SANITATION DISTRICT RECORDED DECEMBER 09, 1997 UNDER RECEPTION NO. 411462. 15. TERMS, CONDITIONS AND PROVISIONS OF SPECIAL COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED OCTOBER 27, 1997 UNDER RECEPTION NO. 409939. 16. (rTEM INTENTIONALLY DELETED) 17. EASEMENTS, RIGHTS OF WAY, TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS CONTAINED IN EASEMENT AGREEMENT (BLOCK D), RECORDED OCTOBER 15, 1998 UNDER RECEPTION NO. 423258. 18. EASEMENT, RIGHTS OF WAY, TERMS, CONDIUONS, PROVISIONS AND OBLIGATIONS AS CONTAINED IN SKI EASEMENT AGREEMENT RECORDED OCTOBER 15, 1998 UNDER RECEPTION NO. &22251 19. TERMS, CONDITIONS AND PROVISIONS OF RAW WATER AGREEMENT, IRRIGATION, RECORDED OCTOBER 05, 1998 AT RECEPTION NO. 422780. 20. TERMS, CONDITIONS AND PROVISIONS OF WATER SERVICE AGREEMENT RECORDED OCTOBER {00120451.DOC / 1} RECEIVED CITY OF ASPEN OCT 9 1 2013 COMMUNITY DEVELOPMENT RECEPTION#: ' 3, 11/20/2007 at 10:44:59 AM, 4 OF 6, ' Janice K. Vos --udill, Pitkin County, CO 05, 1998 AT RECEPTION NO. 422782 AND FIRST ADDENDUM THERETO RECORDED OCTOBER 5, 1998 UNDER RECEPTION NO. 422783. 21. (ITEM INTENTIONALLY DELETED) 22. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMIT'nNG ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN UNLESS AND ONLY TO THE EXTENT THAT ' SAID COVENANT (A) IS EXEMPT UNDER CHAPTER 42, SECTION 3607 OF THE UNITED STATES CODE OR (B) RELATES TO HANDICAP BUT DOES NOT DISCRIMiNATE AGAINST HANDICAPPED PERSONS, AS CONTAINED IN INSTRUMENT RECORDED OCTOBER 15, 1998, UNDER RECEPTION NO. 423272. 23. TERMS, CONDmONS AND PROVISIONS OF PLANNED UNIT DEVELOPMENT GUIDE RECORDED OCTOBER 15, 1998 AT RECEPTION NO. 423274 AND RESOLUTION 98-254 RECORDED AUGUST 25, 1999 AS RECEPTION NO. 434844. 24. TERMS, CONDITIONS AND PROVISIONS OF PRECONNECTION AGREEMENT RECORDED OCTOBER 15, 1998 AT RECEPTION NO. 423276. 25. TERMS, CONDITIONS AND PROVISIONS OF COLLECTION SYSTEMS AGREEMENT RECORDED OCTOBER 15, 1998 AT RECEPTION NO. 423277. 26. TERMS, CONDmONS, 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 *L 27. EASEMENTS, RIGHTS OF WAY AND OTHER MATTERS AS SET FORTH ON THE PLAT OF ASPEN - HIGHLANDS VILLAGE PUD, RECORDED OCTOBER 15, 1998 IN PLAT BOOK 47 AT PAGE 1 AND AS SHOWN ON THE SUPPLEMENTAL PLAT RECORDED SEPTEMBER 28, 1999 IN PLAT BOOK 51 AT PAGE 51 AS RECEPTION NO. 436003. 28. (ITEM INTENTIONALLY DELETED) 29. (ITEM INTENTIONALLY DELETED) 30. TERMS, CONDITIONS, PROVISIONS, OBUGATIONS, EASEMENTS AND RIGHTS OF WAY AS SET FORTH IN INSTRUMENTS RECORDED OCTOBER 15, 1998 UNDER RECEPTION NO. 423281. 31. TERMS, AGREEMENTS, PROVISIONS, CONDITIONS AND OBLIGATIONS OF CITY OF ASPEN, EASEMENT AGREEMENT (MAROON CREEK PIPELINE) RECORDED OCTOBER 15, 1998 AS RECEFrION NO. 423282. 32. TERMS, CONDmONS AND PROVISIONS OF TRENCH, CONDUIT AND VAULT AGREEMENT RECORDED JANUARY 11, 1999 AT RECEPTION NO. 426421. 33. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION #99-127 RECORDED AUGUST 12, 1999 AT RECEPTION NO. 434364 AND RERECORDED AUGUST 30, 1999 AS RECEPTION NO. {00120451.DOC/1} RECEIVED OCT 2 1 2013 Cl-1 Y OF ASPEN COMMUNITY DEVELOPMENT RECEPTION#: 33, 11/20/2007 at 10:44:59 AM, 5 OF 6 Janice K. Vos uaudill, Pitkin County, CO Dinal 34. TERMS, AGREEMENTS, PROVISIONS, CONDITIONS AND OBLIGATIONS OF SUCCESSOR DESIGNATION RECORDED SEPTEMBER 30, 1999 AS RECEPTION NO. 436130. 35. TERMS, AGREEMENTS, PROVISIONS, CONDITIONS AND OBUGATIONS OF ORDINANCE #8 (SERIES OF 2000), RECORDED MAY 1, 2000 AS RECEPTION NO. 442835. 36. ANY AND ALL EASEMENT'S, RIGHTS OF WAY, PLAT NOTES AND ANY AND ALL OTHER MATTERS AS SHOWN ON THE ASPEN HIGHLANDS VILLAGE P.U.D. ANNEXATION NO. 1 PLAT RECORDED MAY 1, 2000 IN PLAT BOOK 53 AT PAGE 12- 37. TERMS, AGREEMENTS, PROVISIONS, CONDmONS AND OBLIGATIONS OF MEMORANDUM, REGARDING HIGH SCHOOL LIFT TOWERS, RECORDED AUGUST 30,2000 AS RECEPTION NO. dd&53Z, 38. TERMS, AGREEMENTS, PROVISIONS, CONDITIONS AND OBLIGATIONS OF GRANT OF EASEMENT RECORDED NOVEMBER 20,2000 AS RECEPTION NO. 448998. 39. TERMS, AGREEMENTS, PROVISIONS, CONDITIONS, AND OBLIGATIONS OF ORDINANCE #35, SERIES OF 2000 RECORDED NOVEMBER 28,2000 AS RECEPTION NO. 449206. 40. TERMS, AGREEMENTS, PROVISIONS, CONDITIONS AND OBLIGATIONS OF ORDINANCE #36, SERIES OF 2000 RECORDED NOVEMBER 28,2000 AS RECEPTION NO. 449207. 41. TERMS, AGREEEMENTS, PROVISIONS, CONDITIONS AND OBUGATIONS OF DEDICATION AND ASSUMPTION EASEMENT AGREEMENT RECORDED DECEMBER 13, 2000 AS RECEPnON NO. 449654 AND FIRST AMMENDMENT RECORDED OCTOBER 9,2002 UNDER RECEPTION NO. 473171. 42. TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM RECORDED SEPTEMBER 05, 2001 AT RECEPTION NO. 458306. 43. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION OF THE ASPEN HIGHLANDS COMMERCIAL METROPOUTAN DISTRICT RECORDED FEBRUARY 20,2002 AT RECEPTION NO. 46&111 44. TERMS, CONDITIONS AND PROVISIONS OF GARDEN PARK LICENSE AGREEMENT RECORDED FEBRUARY 20,2003 AT RECEFTION NO. 479004. 45. EXISTING LEASES AND TENANCIES, IF ANY. 46. (INTENTIONALLY DELETED) 47. ANY AND ALL- EASEMENTS, RIGHTS OF WAY, PLAT NOTES AND ALL OTHER MATTERS AS SHOWN ON THE PLAT OF ASPEN HIGHLANDS CONDOMINIUMS, A COLORADO COMMON INTEREST CONDOMINIUM, ACCORDING TO THE PLAT RECORDED JANUARY 11, 2001 IN PLAT BOOK 56 AT PAGE 23 AS RECEPTION NO. 450455 AND AMENDED PLAT RECORDED JANUARY 27,2005 IN PLAT BOOK 72 AT PAGE 6 UNDER RECEPTION NO. 506407. {00120451.DOC/1} 1,ECE/VEÂ£ OCT 9.1 2013 C, ry O, ASPEN COMMUNITY DEVELOPMENT Fâ€¢1 ~ RECEPTION#: 93, 11/20/2007 at 10:44:59 AM, 6 OF i Janice K. Vo_ _audill, Pitkin County, CO APPLIES TO ASPEN HIGHLAND CONDOMINIUMS, PHASE I. 48. TERMS, AGREEMENTS, PROVISIONS, RESTRICTIONS, CONDITIONS AND OBLIGATIONS AS SHOWN IN THE DECLARATION OF CONDOMINIUM FOR ASPEN HIGHLANDS CONDOMINIUMS, ASPEN HIGHLANDS VILLAGE, CITY OF ASPEN, RECORDED JANUARY 11, 2001 AS RECEPTION NO. 450454 AND FIRST AMENDMENT RECORDED JULY 2, 2001 UNDER RECEPTION NO. 456026. SECOND AMENDMENT RECORDED OCTOBER 9, 2001 UNDER RECEFTION NO. 459556. THIRD AMENDMENT RECORDED JANUARY 27,2005 UNDER RECEPTION NO. 506406 AND FIRST SUPPLEMENT RECORDED JUNE 11, 2002 UNDER RECEPTION NO. 468555. 49. EASEMENTS, RIGHTS OF WAY AND ALL OTHER MATTERS AS DISCLOSED ON CONDOMINIUM MAP OF ASPEN HIGHLANDS CONDOMINIUMS, RECORDED JANUARY 11, 2001 IN PLAT BOOK 56 AT PAGE 2 AND FIRST SUPPLEMENT RECORDED JUNE 11, 2002 IN PLAT BOOK 60 AT PAGE 81. 50. TERMS, AGREEMENTS, PROVISIONS, CONDmONS AND OBLIGATIONS OF CENTRAL PLANT AGREEMENT RECORDED JANUARY 17, 2001 AS RECEFT'ION NO. 450594 AND RECORDED DECEMBER 23,2002 UNDER RECEPTION NO. 476466. 51. TERMS, CONDmONS AND PROVISIONS OF COVENANT AND NOTICE RECORDED FEBRUARY 08, 2001 AT RECEPTION NO. 451327. 52. TERMS, CONDmONS AND PROVISIONS OF EASEMENT AGREEMENT RECORDED JUNE 11, 2002 AT RECEPTION NO. 468562. 53. (INTENTIONALLY DELETED) 54. (INTENTIONALLY DELETED) 55. (INTENTIONALLY DELETED) 56. (INTENTIONALLY DELETED) 00120451.DOC / 1} RECEIVED OCT 9! 1 ?013 ci i Â¥ Of ASPEN COMMUNNY DEVELOPMENT RECEPTION#: ! 2, 04/08/2008 at 02:50:37 PM, 1 OF 6, $31.00 DF $8.66 Janice K. Vos Caudill, Pitkin County, CO CITY OF ASPEN CiTY OF ASPEN K RETT PAID WMETT FAID DATE REP NO. DATE REP )40. 910106 kE 032#qG 4(8 68 >4Â£Â£-'* 032046 Recording Requested by: Douglas A. Pluss When Recorded Return to: PI Castle Creek Rock, LLC 3033 East 1 Suite 502 toe- Fee- 4 1, lo 6 st Avenue, Denver, CO 80206 SPECIAL WARRANTY DEED THIS DEED, made this 2~d day of April, 2008, between EASTWOOD HIGHLANDS INVESTORS, LLC, a Colorado limited liability company, whose legal address is 0115 Bommerang Road, Suite 5201, Aspen, Colorado 81611 of the County of Pitkin, State of . Colorado, Grantor, and PI CASTLE ROCK, LLC, a Colorado limited liability company, Grantee whose address is 3033 East 1St Avenue, Suite 502, Denver, CO 80206; WITNESSETH, That Grantor, for and in consideration of the sum of Ten Dollars, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm, unto Grantee, and Grantee's heirs, successors and assigns forever, an undivided 1428% interest in the real property, together with all improvements, if any, situate, lying and being in the County of Pitkin, State of Colorado, described as follows: UNIT 04114, ASPEN HIGHLANDS CONDOMINIUMS, PHASE 1, ACCORDING TO THE CONDOMINIUM MAP RECORDED JANUARY 11, 2001 IN PLAT BOOK 56 AT PAGE 24 AND AMENDED ON JANUARY 27, 2005 [N PLAT BOOK 72 AT PAGE 6 AS RECEPTION NO. 506407 AND AS p,1-6 FURTHER DEFINED AND DESCRIBED IN THE CONDOMINIUM ~~ DECLARATION FOR ASPEN HIGHLANDS CONDOMINIUMS RECORDED . k . JANUARY 11,2001 UNDER RECEPTION NO. 450454. COUNTY OF PITKIN, STATE OF COLORADO. TOGETHER WITH all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto Grantee, and Grantee's heirs, successors and assigns forever. Grantor, for Grantor and Grantofs heirs, successors and assigns, do covenant and agree \m\\m\\U\\\m\\\\\m\\\\\\\\\M\%{00154910.DOC / 4} RECEIVED OCT 2 1 2013 CITY OF ASPEN COMMUNITY DEVELOPMENT 6400 Ill-N RECEPTION#: 2, 04/08/2008 at 02:50:37 PM, 2 OF 6, ' Janice K. Vos uaudill, Pitkin County, CO that Grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of Grantee, and Grantee's heirs, successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under Grantor except those matters as set forth on Exhibit A; IN WITNESS WHEREOF, Grantor has executed this deed on the date set forth above. EASTWOOD HIGHLANDS INVESTORS, LLC a Colorado limited liability company By: EASTWOOD HIGHLANDS, LLC a Colorado limited liability company, its Manager By: ~0"~--h AA,(a,"-4 JeMifer M. Cauding as Aumey-In-Fact for Jordan Sarick, Manager STATE OF COLORADO ) ) SS COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this 2nd day of April 2008 by Jennifer M. Causing as Attorney-In-Fact for Jordan Sarick, as the manager of EASTWOOD HIGHLANDS, LLC, a Colorado limited liability company, as the manager of EASnVOOD HIGHLANDS INVESTORS, LLC, a Colorado limited liability company. Witness My hand and seal My Commission Expires: ..t"""*0> . 9 'A.9.FA+61 ./4 2 394....3 - 25/ Â»66zy Public - v'",asion E*NeÂ® u\U\\\\Unnm\\W\U\U\\\\\\\\%\\\m{00154910.DOC / 4} nECEIVEt OCT 2 1 2013 CITY OF ASPEN COMMUNITY DEVELOPMENT <13,4 /,4/4 RECEPTION#: 2, 04/08/2008 at 02:50:37 PM, 3 OF 6 Janice K. VOS Laudill, Pitkin County, CO Exhibit A to SDecial Warrantv Deed. Dated April 2.2008 1. Rights or claims of parties in possession not shown by the Public Records. 2. Easements, or daims of easements, not shown by the Public Records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey or inspection of the Land would disclose and which are not shown by the public records. 4. Any tien, or right to a lien, for services, labor or material theretofore 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 and assessments not yet due or payable and special assessments not yet certified to the Treasurer's office. 7. Any unpaid taxes or assessments against said Land. 8. Uens for unpaid water and sewer charges, if any. 9. DEED OF TRUST DATED NOVEMBER 14, 2007 FROM EASTWOOD HIGHLANDS INVESTORS, LLC, A COLORADO LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF AMERICAN NATIONAL BANK TO SECURE THE SUM OF $5,287,100.00, AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF, RECORDED NOVEMBER 20,2007, UNDER RECEPTION NO. 544198 10. 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 UNNED STATES PATENT RECORDED JANUARY 18, 1892, IN BOOK 55 AT PAGE 22 AND RECORDED APRIL 7, 1903 IN BOOK 55 AT PAGE 5QZ 11. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED JUNE 25, 1957, IN BOOK 181 AT PAGE 5QE. 12. EASEMENTS AND RIGHTS OF WAY FOR WATER PIPELINE PURPOSES AS SET FORTH IN INSTRUMENTS RECORDED JUNE 10, 1960 IN BOOK 191 AT PAGE 12 AND RECORDED SEPTEMBER 18, 1961 IN BOOK 195 AT PAGE 231. 13. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION #97-167 RECORDED SEFTEMBER 30, 1998 AT RECEPTION NO. 422629 AND RESOLUTION #39 (SERIES OF 1998) RECORDED OCrOBER 5, 1998 UNDER RECEPTION NO. 422779 AND RESOLUTION #98-79 RECORDED OCTOBER 15, 1998 UNDER RECEPTION NO. 423268, \\\\\\\\\\\m\\\\\\\\UU\W\U\Un\\U\\{00154910.DOC / 4} RECEIVED OCT 2 1 2013 utvELOPMENT RECEPTION#: 72, 04/08/2008 at 02:50:37 PM, 4 OF ' 1 Janice K. Vos uaudill, Pitkin County, CO 14. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED APRIL 28, 1981 IN BOOK 407 AT PAGE WA AND ASSIGNMENTS THEREOF RECORDED DECEMBER 13, 1993 IN 80OK 734 AT PAGE *85 AND RECORDED DECEMBER 13, 1993 IN BOOK 734 AT PAGE 231 15, TERMS, CONDITIONS AND PROVISIONS OF ORDER OF INCLUSION IN ASPEN CONSOUDATED SANITATION DISTRICT RECORDED DECEMBER 09, 1997 UNDER RECEPTION NO. 411462. 16. TERMS, CONDITIONS AND PROVISIONS OF SPECIAL COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED OCTOBER 27, 1997 UNDER RECEPTION NO. 409939. 17. EASEMENTS, RIGHTS OF WAY, TERMS, CONDITIONS, PROVISIONS AND OBUGATIONS AS CONTAINED IN EASEMENT AGREEMENT (BLOCK D), RECORDED OCTOBER 15, 1998 UNDER RECEPTION NO. 423258. 18. EASEMENT, RIGHTS OF WAY, TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS CONTAINED IN SKI EASEMENT AGREEMENT RECORDED OCTOBER 15, 1998 UNDER RECEPTION NO. &2122. 19. TERMS, CONDITIONS AND PROVISIONS OF RAW WATER AGREEMENT, IRRIGATION, RECORDED OCTOBER 05, 1998 AT RECEPTION NO. 422780. 20. 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. 21, RESTRICI-IVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN UNLESS AND ONLY TO THE EXTENT THAT SAID COVENANT (A) IS EXEMPT UNDER CHAPTER 42, SECTION 3607 OF THE UNITED STATES CODE OR (B) RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS, AS CONTAINED IN INSTRUMENT RECORDED OCTOBER 15, 1998, UNDER RECEPTION NO. d121222. 22. TERMS, CONDITIONS AND PROVISIONS OF PLANNED UNIT DEVELOPMENT GUIDE RECORDED OCTOBER 15, 1998 AT RECEPTION NO. 423274 AND RESOLUTION 98-254 RECORDED AUGUST 25, 1999 AS RECEPTION NO. 434844. 23. TERMS, CONDITIONS AND PROVISIONS OF PRECONNECnON AGREEMENT RECORDED OCTOBER 15, 1998 AT RECEPTION NO. 423276. 24. TERMS, CONDmONS AND PROVISIONS OF COLLECTION SYSTEMS AGREEMENT RECORDED OCTOBER 15, 1998 AT RECEPTION NO. 423277. 25. TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS AND RESTRICrIONS AS CONTAINED IN THE DETAILED SUBMISSION PLAN RECORDED OCTOBER 15, 1998 UNDER RECEFTION NO. 423269 AND AS SET FORTH ON THE DETAILED SUBMISSION PLAN MAPS RECORDED OCTOBER 15, 1998 IN PLAT BOOK 46 AT PAGE 41 \\UU\\U\\\m\\\\\U\\\m\\U\\\UU\\\400154910.DOC / 4} RECEIVED OCT 2 1 2013 C1 TY OF ASPEN COMMUNITY DEVELOPMENT RECEPTION#: 72, 04/08/2008 at 02:50:37 PM, 5 OF 6 Janice K. Vos Caudill, Pitkin County, CO 26. EASEMENTS, RIGHTS OF WAY AND OTHER MATTERS AS SET FORTH ON THE PLAT OF ASPEN HIGHUNDS VILLAGE PUD, RECORDED OCTOBER 15, 1998 IN PLAT BOOK 47 AT PAGE 1 AND AS SHOWN ON THE SUPPLEMENTAL PLAT RECORDED SEPTEMBER 28, 1999 IN PLAT BOOK 51 AT PAGE il AS RECEPTION NO. 436003 27. TERMS, CONDmONS, PROVISIONS, OBLIGATIONS, EASEMENTS AND RIGHTS OF WAY AS SET FORTH IN INSTRUMENTS RECORDED OCTOBER 15, 1998 UNDER RECEP1ION NO. 423281. 28. TERMS, AGREEMENTS, PROVISIONS, CONDITIONS AND OBLIGATIONS OF CITY OF ASPEN, EASEMENT AGREEMENT (MAROON CREEK PIPELINE) RECORDED OCTOBER 15, 1998 AS RECEPTION NO. 423282. 29. TERMS, CONDmONS AND PROVISIONS OF TRENCH, CONDUIT AND VAULT AGREEMENT RECORDED JANUARY 11, 1999 AT RECEPTION NO. 426421. 30. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION #99-127 RECORDED AUGUST 12, 1999 AT RECEPTION NO. 434364 AND RERECORDED AUGUST 30, 1999 AS RECEPTION NO. &35Qa1 31. TERMS, AGREEMENTS, PROVISIONS, CONDITIONS AND OBLIGATIONS OF SUCCESSOR DESIGNATION RECORDED SEPTEMBER 30, 1999 AS RECEPTION NO. 436130. 32. TERMS, AGREEMENTS, PROVISIONS, CONDITIONS AND OBLIGATIONS OF ORDINANCE #8 (SERIES OF 2000), RECORDED MAY 1, 2000 AS RECEPTION NO. 442835. 33. ANY AND ALL EASEMENTS, RIGHTS OF WAY, PLAT NOTES AND ANY AND ALL OTHER MATTERS AS SHOWN ON THE ASPEN HIGHLANDS VILiAGE P.U.D. ANNEXATION NO. 1 PLAT RECORDED MAY 1, 2000 IN PLAT BOOK 53 AT PAGE 12. 34. TERMS, AGREEMENTS, PROVISIONS, CONDmONS AND OBLIGATIONS OF MEMORANDUM, REGARDING HIGH SCHOOL LIFT TOWERS, RECORDED AUGUST 30, 2000 AS RECEPTION NO. Misazi 35. TERMS, AGREEMENTS, PROVISIONS, CONDmONS AND OBLIGATIONS OF GRANT OF EASEMENT RECORDED NOVEMBER 20,2000 AS RECEPTION NO. 448998. 36. TERMS, AGREEMENTS, PROVISIONS, CONDITIONS, AND OBLIGATIONS OF ORDINANCE #35, SERIES OF 2000 RECORDED NOVEMBER 28,2000 AS RECEPTION NO. 449206. 37. TERMS, AGREEMENTS, PROVISIONS, CONDITIONS AND OBLIGATIONS OF ORDINANCE #36, SERIES OF 2000 RECORDED NOVEMBER 28,2000 AS RECEPTION NO. 449207. 38. TERMS, AGREEEMENTS, PROVISIONS, CONDITIONS AND OBLIGATIONS OF DEDICATION AND ASSUMPTION EASEMENT AGREEMENT RECORDED DECEMBER 13, 2000 AS RECEPTION NO. 449654 AND FIRST AMMENDMENT RECORDED OCTOBER 9, 2002 UNDER RECEPTION NO. 473171. 39. TERMS, CONDrrIONS AND PROVISIONS OF MEMORANDUM RECORDED SEPTEMBER 05, 2001 AT RECEPTION NO. 458306. \\\\m\\\\\\\\\\\\\\UUVM\\\\\\\2\\\00154910.DOC / 4} n ECE/VEÂ£ OCT 2 1 2013 CITY OF ASPEN COMMUNITY DEVELOPMENT r.] t ' RECEPTION#: 72, 04/08/2008 at 02:50:37 PM, 6 OF Janice K. Vos audill, Pitkin County, CO 40. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION OF THE ASPEN HIGHIANDS COMMERCIAL METROPOLITAN DI5TRICT RECORDED FEBRUARY 20,2002 AT RECEPTION NO. 92113. 41. TERMS, CONDLTIONS AND PROVISIONS OF GARDEN PARK UCENSE AGREEMENT RECORDED FEBRUARY 20,2003 AT RECEPTION NO. 479004. 42. TERMS, CONDITIONS AND PROVISIONS OF RATIFICATION AGREEMENT RECORDED NOVEMBER 20,2007 AT RECEPTION NO. 544200. 43- TERMS, CONDmONS AND PROVISIONS OF RATIFICATION OF NO INTEREST RECORDED DECEMBER 28,2007 AT RECEPTION NO. 545327 44. TERMS, CONDITIONS AND PROVISIONS OF USE RESTRICTION AGREEMENT RECORDED MARCH 19, 2008 AT RECEPTION NO. 547606. 45. TERMS, CONDITIONS AND PROVISIONS OF RESTRICTIVE COVENANTS AGREEMENTS RECORDED NOVEMBER 20,2007 AT RECEPTION NO. 544202 AND RECORDED DECEMBER 6,2007 AT RECEPTION NO. 544695. 46. EXISTJNG LEASES AND TENANCIES, IF ANY. 47. ANY AND ALL EASEMENTS, RIGHTS OF WAY, PLAT NOTES AND ALL OTHER MATTERS AS SHOWN ON THE PLAT OF ASPEN HIGHLANDS CONDOMINIUMS, A COLORADO COMMON INTEREST CONDOMINIUM, ACCORDING TO THE PLAT RECORDED JANUARY 11, 2001 IN PLAT BOOK 56 AT PAGE 2 AS RECEPTION NO. 450455 AND AMENDED PLAT RECORDED JANUARY 27,2005 IN PLAT BOOK 72 AT PAGE E UNDER RECEPTION NO. 506407. 48. TERMS, AGREEMENTS, PROVISIONS, RESTRICTIONS, CONDITIONS AND OBLIGATIONS AS SHOWN IN THE DECLARATION OF CONDOMINIUM FOR A5PEN HIGHLANDS CONDOMINIUMS, ASPEN HIGHLANDS VILLAGE, CITY OF ASPEN, RECORDED JANUARY 11, 2001 AS RECEPTION NO. 450454 AND FIRST AMENDMENT RECORDED JULY 2, 2001 UNDER RECEPTION NO. 456926. SECOND AMENDMENT RECORDED OCTOBER 9, 2001 UNDER RECEPTION NO. 459556. THIRD AMENDMENT RECORDED JANUARY 27,2005 UNDER RECEPTION NO. 506406 AND FIRST SUPPLEMENT RECORDED JUNE 11, 2002 UNDER RECEPTION NO. 468555. 49. EASEMENTS, RIGHTS OF WAY AND ALL OTHER MATTERS AS DISCLOSED ON CONDOMINIUM MAP OF ASPEN HIGHLANDS CONDOMINIUMS, RECORDED JANUARY 11, 2001 IN PlAT BOOK 56 AT PAGE E AND FIRST SUPPLEMENT RECORDED JUNE 11, 2002 IN PLAT BOOK 60 AT PAGE 81. 50. TERMS, AGREEMENTS, PROVISIONS, CONDITIONS AND OBLIGATIONS OF CENTRAL PLANT AGREEMENT RECORDED JANUARY 17, 2001 AS RECEPTION NO. 450594 AND RECORDED DECEMBER 23,2002 UNDER RECEPrION NO. 476466. 51. TERMS, CONDITIONS AND PROVISIONS OF COVENANT AND NOTICE RECORDED FEBRUARY 08, 2001 AT RECEPTION NO. 451327. 52. TERMS, CONDTTIONS AND PROVISIONS OF EASEMENT AGREEMENT RECORDED JUNE 11, 2002 AT RECEPTION NO. 468562. \\U\\\\m\\U\\\U\\\\\\\Ua\\\\\\\\\\{00154910.DOC / 4} RECEIVED OCT 2 1 2013 CIT Y OF ASPEN COMMUNITY DEVELOPMENT ATTACHMENT 2 -LAND USE APPLICATION PROJECT: 1-4161464,4iDs 7,212,4 Ce,t.-c\7.4,Â·dr Name: AS<F#..n l-416)40/An 05 7 1-11 Location: 0 1 3 35 -14 cr,727.--lh E- 12/3/4 (-9 -61,1 1 -1- A - 1 1 I L F> . (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 2-1 -99 I 93\ 3(39 -2- APPLICANT: Name: 06\6< w CO-0 14 161-(LAK)09 LIVE-O-70 F<i Lt .c- A Address: 6 1 3 -3-Fizcf4~kcria e 13-1 - 44-4 1 -11 4/0 22 Phone #: (i 26.-991 7 REPRESENTATIVE: Name: 161 pyl 16,49,3018,7 D /A i-261-\)1-Ec--1-% lâ€žic--0 1 Address: 250- E (1,06-7 EF EÂ¥ 4 4<57 iz v-~ Phone #: q 34 -z- -20 -z. TYPE OF APPLICATION: (please check all that apply): U GMQS Exemption U Conceptual PUD O Temporary Use Il GMQS Allotment ~~' Final PUD (& PUD Amendment) D Text/Map Amendment Â£ Special Review Â£ Subdivision Â£ Conceptual SPA U ESA - 8040 Greenline, Stream U Subdivision Exemption (includes O Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane Il Commercial Design Review C Lot Split U Small Lodge Conversion/ Expansion U Residential Design Variance E Lot Line Adjustment Er Other: El Conditional Use , Asid 65 10>Ar,1146 Pu p /\M Al Q R Ejrt-r EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) REVT Ati Â¢-Ayn-1- u )/LAW-GF. 1)ini 11 61 AÂ¥--6.*7-- An,9 0Â·,/R-Â¥.FLCA 13, 4-1 1/161 PROPOSAL: (description ofproposed buildings, uses, modifications, etc.) O f .2 a ~4 (~A\\/.446- 1.31 vi i,/141 -47 Fla mt, 41% %'746+vz -r 64 /1-0/7,0741 Ix\,4/.L 1Â»-1/ '19(.)(112 1 17 (-A jdÂ·, f.., (11Â£97 501- Have yod attached the following? FEES DUE: $ _27.17 6 ~ Pre-Application Conference Summary -RECEIVED Attachment #1, Signed Fee Agreement C} Response to Attachment #3, Dimensional Requirements Formi'J,01- El Response to Attachment #4, Submittal Requirements- Including Written Responses to Review RADJ 2013 D 3-D Model for large project /7g2 (111974#PEN All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of,414Â¥ (Microsoft Word Format) must be submitted as part of the application. Large scale proj#er,1~4#J~~~~AiNT electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. COMMUNITY DEVELOPMENI DIPARINIENT 2 Agreement to Pay Application Fees An agreement between the City of Aspen ccitT) and Phone No. Property Eastwood Highlands investors, LLC 970.925.9817 Owner (r): Email: Address of 0133 Prospector Road Address: Suite 4102 Billing 0133 Prospector Road Property: Unit C-4114 (send bills here) (subject of application) 1 understand that the City has adopted, via Ordinance No., Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $,0 flat fee for Select Dept O Select Dept $ flat fee for - $ 0 nat fee for Select Dept 0 Select Review $ flat fee for For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. 1 understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid In full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remR payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $975 deposit for hours of Community Development Department staff time. Additional time 3 above the deposit amount will be billed at $325 per hour. $ I deposit for I hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $265 per hour. City of Aspen: Property Owner: .-I.-1 -Il-~ C- nECEIVED Chris Bendon Jordan Sarick Community Development Director Name: OCT manager of Eastwood Highlands, Investors, Ltd 2013 - CITY oF ASPEN City Use: . 975 Fees Due: * Received: $ COMMUNITY DEVELOPMENT Jantiarv. 2013 City ofubpen , 130 S. Galeim Sl. (970)920-5090 ... INGRESS/EGRESS < 1\1 FOR OFFICE SUITES v N BEYOND 1 - 41 - <'FA LD -I \\.: ' \\\ 4 C \ i 1 EXISTING ~ \ f ADA BATH,/ EXISTING KITCHEN 1 / /0 1 1 \ ADARAMP \1~ //........#: 1 .9 : ' EXISTING % v ADA BATH ~ / ... 1 UP -1 = OVERFLOW DINING /ARCADE PRIVATE DINING ROOM l i N 1 1 N i TO REMAIN 512 sq ft .- 656 sq ft - 31/2" ---=-- -:-Â·Â·Â·Â·Â·Â·Â·Â·Â·Â·Â·Â·Â·Â·Â·Â·Â·Â·- --------- 31/2" #, 32-6" 4'+21/4" t EXISTING WALL '~ NEW DOOJT AND D00RS~4(f- ~ - TO REMAIN NEW WALLS RESTAURANT 975 S.F. 5% 0 0 8 -[A FLOOR PLAN 1~ ill) 1 1Â· 11 J A 12 1=CEIVED OCT 2 1 2013 ~ ~ CITY OF ASPEN COMMUNITY DEVELOPMENT f 7-7 3/4- ANVd IAIO) VZZId SCINV1 HDIH 1300I/\Im:I 1NVEIAÂ¥193hl 00 *1NAOO NI>Illd 00000- THE CITY OF ASPEN Land Use Application Determination of Completeness Date: October 23,2013 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0064.2013.ASLU - 133 Prospector (Highlands). Insubstantial PUD. Your planner assigned to the case is Sara Nadolnv. U Your Land Use Application is incomplete: Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. ~*i~i Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Thank-You. C / , 7--\94 11 Jennifer Plâ‚¬14, Deputy Director City of Aspen, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required New SPA New PUD Yes- No_X_ Subdivision, SPA. or PUD (creating more than i additional ]Ot) GMQS Allotments Residential Affordable Housing Yes - N>*L Commercial E.P.F. Lodging CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Sara Nadolny, 429-2739 - - DATE: 10.10.2013 - - PROJECT: Aspen Highlands - Insubstantial PUD Amendment for unit at Bldg 4 REPRESENTATIVE: Kim Raymond, 970-925-2252 DESCRIPTION: The owner of the north facing commercial spaces of Building 4 in the Aspen Highlands Village PUD is interested in dividing the current Highlands Pizza Company restaurant space into two separate commercial units, such that the restaurant will be restricted to a smaller commercial space, and a new commercial space will be created by the addition of a separating wall. This will create three distinct spaces on the north side of this building. Building 4 is part of the Aspen Highlands Village PUD, which was initially approved by Pitkin County and subsequently annexed by the City of Aspen. The PUD approval guide is recorded at reception #423274. This guide allocates a specific amount of commercial and non-unit space for the Aspen Highlands Village. For this application, the potential applicant must show how the changes to the current space will maintain each space operating commercial, so as not to change the approved amount of non-unit space allocated for the PUD. Staff feels this potential application meets the requirements of an Insubstantial PUD Amendment, and is requiring documentation of these alterations to memorialize the spaces as commercial, and to avoid potential future confusion, The following Land Use Code sections apply to this application: Land Use Code Section(s) 26.304 Common Development Review Procedures 26.445.100 (A) Planned Unit Development - Insubstantial PUD Amendment http://www.aspenpitkin.com/Departments/Community-DevelopmenUPIanning-and-Zoning/Title-26- Land-Use-Code/ Land Use Application and Impact Fee Guides are online at: http://www.aspenpitkin.com/Departments/Community-Development/Planning-and- Zoning/Applications-and-Fees/ Review by: - Staff for complete application - Director of Community Development for administrative approvals Planning Fees: $975 Deposit for 3 hours of staff time (additional planning hours over deposit amount are billed at a rate of $325/hour). Total Deposit: $975 To apply, submit the following information: 1. Total deposit for review of the application. 1 nECEIVED 2. Proof of ownership. v OCT Q 1 2013 3. Completed Land Use Application Form. ~ CITY OF ASPEN COMMI?NITY DEVELOPMENT 4. A signed fee agreement. ~ 5. A Pre-Application Conference Summary. (this document) ---/T- ,Â£=n /vt ~_33 b ~-1 Y- 6/ A letter from the HOA consenting to the application. f 57. A letter signed by the applicant, with the 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. >8. 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. 7 6 9. An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. L 10.6isting-and-prÂ®osed site plan. 11.#Mevement survey that includes all existing natural and manmade features of the property. 12. A written and graphic 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. Please provide a written response to all applicable criteria. 13. 2_Copies of the complete application packet and maps. 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. RECEIVED c i 't> b 6-? roâ‚¬f+?Ck,+ '74+07 OCT 2 1 2013 22> u i --7 2- 4 1 1 4 92 .-+ CITY O-A COMMUNITY ~EV-SPEN ELOP*NT (7(.B+Med ng DE/ El-.unniA 1 1)/7, \ 14 1')/EN-r 1., Agreement to Pay Application Fees An agreement between the City of Aspen CCityÂ») and Phone No. Property Eastwood Highlands Investors, LLC 970.925.9817 Owner (-1 ): Email: Address of 0133 Prospector Road Billing 0133 Prospector Road Property: Unit C-4114 (send bills here) Address: Suite 4102 (subject of application) I understand that the City has adopted, via Ordinance No., Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that l am responsible for paying at} fees for this development application. For flat fees and referral fees: I agree to pay the following fees Mr the services indicated. I understand that these flat fees are non-refundable. $ 0 Select Dept flat fee for Select Dept O $. flat fee for - 0. $ flat fee for $ flat fee for Select Dept O Select Review For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. 1 understand that additional costs over and above the deposit may accrue. I understand and agree that It is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid In full. The City and 1 understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the Initial deposit, I agree to pay additional monthly bmings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $975 deposit for hours of Community Development Department staff time. Additional time 3 above the deposit amount will be billed at $325 per hour. $ I deposit for I hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $265 per hour. City of Aspen: Property Owner: /-7 \J/ (4-- Chris Bendon Jordan Sarick Community Development Director Name: manager of Eastwood Highlands, 11.2 kâ€¢,tâ€¢ 1 LC Title: City Use: . 975 rgVED Fees Due: * Received: $ 00 7 -1.imiary. JOI.3 ('il> i,|~AN'Cil ; 130 % (i:,let).1 51. (97(,) 9 41 5090 1';MidljNITY 1 0&,fpEN #,CLOPMENT r,12-