Loading...
HomeMy WebLinkAboutLand Use Case.190 Falcon Rd.0027.2014.ASLU THE CITY OF ,ASPEN City of Aspen Community Development Department CASE NUMBER 0027.2014.ASLU PARCEL ID NUMBERS 273514111111 PROJECTS ADDRESS 883 MORE DR LOT 11 FIVE TREES PLANNER HILLARY SEMINICK CASE DESCRIPTION INSUBSTANTIAL AMENDMENT REPRESENTATIVE ROWLAND AND BROUGHTON DATE OF FINAL ACTION 6.19.14 CLOSED BY ANGELA SCOREY ON: 6.25.14 ppz • 20146 • 7f- LVl Permits � � �r �� �.' ry �3 File Edit Record 'Navigate Ferret Rep" Format Tab i Help Jr. lump 1 14`311 B Main Custom Fields Routing Status =Fee Summary Actions Routing History - As en Land Use� Permit type �aslu p � Permit# Q027,2014,ASLU , 1 Address 883 NIOORE DR LOT 11-FIVE TREES Apvsuite City ASPEN — State CO Zip 81511 ill o Permit Information ' X ` 7 Master permit�— Routing queue asl�tl` ? Applied S Q1?2i11 Z' Project Status pending Approved I r : tD Description APPLICATION FOR FINAL PUD-INSUBSTANTIAL AMENDMENT-AMEND BUILDING Issued ENVELOPE I Closed;'Final L l Submitted RO'�°�'L ND&BROUGHTON 544 9406 Clock :Running Days (} Expires S3�g7�2C)15 Owner Last name 1883 100ORE LLC First name IKEN STILLER 11325 SIERRAVISTADR ASPEN CO 81511 Phone %817)59?-8757 Address .Applicant J Owner is applicant? ❑Contractor is applicant? j Last name SS3 MOORE,LC � First name KEN STILLER 1325 SIERRA VISTA DR � i; as ASPEN CO 81511 ., Phone 49171593 8757 Cust# 29745 +�flrirQSS 1 � i; tender � Last name First name ; I Phone r :Address 1 i 3 � I. i' i ' ... j3 AspenG*5(server angelas l of 1 �3- AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: ���� �C'(s�, 1�� � �(���t 1 Y")(-,'_ , , Aspen, CO STATE OF COLORADO ss. Count= of Pitkin ) i C-k \�'�_ y�v,)) A- ) 0 (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 co -of-the publication is attached hereto. ,i Signa re The fore *ng "Affidavit of Not' "was ackn ledged before thi ay of , 20C� ,by PUBLIC NOTICE T Of WITNESS MY HAND AND OFFICIAL SEAL DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of asite-specitic development plan pursu- M Commission expires ant tO the Land Use Code of the City of Aspen and y p Title 24,Article 68,Colorado Revised Statutes, pertaining to the following described property:Par- cel ID#2735-141-11-111,Legally described as Lot 11,Moore Family Planned Unit Development,City of Aspen,Pitkin County,Colorado.The approval grants an Insubstantial Amendment to the Moore Notary Public Family PUD to amend the building envelope of Lot y 11.The change is depicted in the land use applica- tion on file with the City of Aspen. For further in- formation contact Hillary Seminick at the City Of Arena Community�Development o De t.,130 S. KAREN REED PATTERSON ATTACHMENTS: NOTARY PUBLIC Pub of Aspen STATE OF COLORADO Published in The Aspen Times on May 8,2014. i1017o536 NOTARY ID#19964002767 COPY OF THE P UBLICATION My Commission Ex ires February 15,2016 DEVELOPMENT ORDER 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 (3) -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 the change is accomplished or 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. Property Owner's Name,Mailing Address and telephone number: Ken Stillar 1325 Sierra Vista Drive, Aspen, CO 81611 917-593-8767 Legal Description and Street Address of Subject Property: 883 Moore Drive Aspen, Colorado; Lot 11 of the Moore Family Planned Unit Development Written Description of the Site Specific Plan and/or Attachment Describing Plan: An Insubstantial Amendment to Moore Family Planned Unit Development to reconfigure the building envelope on Lot 11. Land Use Approval Received and Dates: Administrative approval granted April 23`d, 2014. _Effective Date of Development Order: May 1, 2014. (Same as date of publication of notice of approval.) Expiration Date of Development Order: May 1, 2014 (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 23`d ay of April 2014 by the City of Aspen Community Development Director. 94% 1 Chris Bendon Community Development Director City of Aspen Page 1 of 1 *60577* Janice K. Vos Caudill Pitkin County Transaction#: 60577 Print Date: 5/2/2014 2:58:28 Clerk and Recorder Receipt#: 201402757 PM 530 East Main Street Cashier Date: 5/2/2014 2:58:24 PM (PNADON) Aspen, CO 81611 (970) 429-2707 www.PitkinClerk.org Customer Information Transaction Information Payment Summary DateReceived: 05/02/2014 Source Code: Over the Counter (ASPCIT) ASPEN CITY OF Q Code: Mail Total Fees $11.00 ATTN CITY CLERK Return Code: Over the Total Payments $11.00 Counter Trans Type: Recording Agent Ref Num: 1 Payments ��-= $ P CAST{ 11.00 1 Recorded Items d BKPG: 106192 Reception:610016 Date:51212014 R = (PLAT P) 1,AT 2:58:24 PM From: To: Plat Recording @ $10 per page $1 Surcharge 1 $11.00 0 Search Items 0 Miscellaneous Items file:///C:/Program%20Files/RecordingModule/default.htm 5/2/2014 NOTICE OF APPROVAL FOR AN INSUBSTANTIAL PLANNED DEVELOPMENT AMENDMENT TO THE MOORE FAMILY PUD, LOT 11; AKA 883 MOORE DRIVE Parcel ID: 2735-141-11-111 APPLICANT: Ken Stillar 1325 Sierra Vista Drive, Aspen, CO 81611 917-593-8767 REPRESENTATIVE: Rowland+ Broughton, 234 E. Hopkins Ave., Aspen, CO 81611 970-544-9006 SUBJECT & SITE OF APPROVAL: Building Envelope adjustment in Moore Family Subdivision, Lot 11 ZONING: R-30/PD SUMMARY: The applicant requests an Insubstantial PD Amendment to adjust the shape of the existing building envelope of Lot 11 to grade areas with steep slopes. STAFF EVALUATION: The proposed change meets the review criteria for an Insubstantial PD Amendment (Exhibit B). The change is minimal and will not alter the area of the building envelope. DECISION: The Community Development Director finds the Administrative Application for an Insubstantial PUD Amendment as noted above and on Exhibit `A' to be consistent with the review criteria (Exhibit B) and thereby,APPROVES the request. APPR D BY: Chris en on, Community Development Director Date Attachments: Exhibit A—Approved amended plat (recorded) Exhibit B —Insubstantial PD Amendment Review Criteria(not recorded) Exhibit C —Application EXHIBIT B REVIEW CRITERIA& STAFF FINDINGS: 26.445.100. Amendments A. 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 Finding: The character of the PUD shall be retained and not negatively - - - - altered by this proposal. The proposed changes include amending the shape existing building envelope to allow for grading of two steep areas on the lot. The area will not be affected. Staff finds this criterion met. 2. The request is consistent with the conditions and representations in the project's original approval, or otherwise represents an insubstantial change. Staff Finding: The proposal is a building envelope shape adjustment and will not result in a substantial change in the character of the subject property. Staff finds this criterion 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 Finding: The proposal does not require a variance be granted for this use. The building envelope adjustment will not affect the maximum building height of 28'. Stafffinds this criterion met. 4. Any proposed changes to the approved dimensional requirements are limited to a technical nature, respond to a design parameter that would 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 Finding: The project will adjust the shape of a building envelope and will not result in a change to the allowable dimensions, including allowable floor area,for the subject property. Staff finds this criterion met. 5. An applicant may not apply for Detailed Review if an amendment is pending. Staff Finding:No amendments are pending for the subject property. Staff finds this criterion met. �, . - First Amended Plat - ZRDFILABDN a DEO C4RON AND DYMERSHW MooftE LLc is the Omer o1 certain ends in P lkh County,Colorado being w ?„• £1 � ', x�� B ~� mare partiwlany d.waroea as Idlow:: a) Lot 11 Block G Moore Family P.U.D. Y r 9 w 1°' Lot Il,Blo Y G.The Moore Funl P.U.D..A PI«md Community,«cardh la the ' ' Pilkn�State ref d d August 10,1998 h Plat Book 45 a1 Pogo 81,County of r v Pitkin County, Colorado B83 MOORE LLC does hereby ewewte and record this FIRST AMENDED PLAT,LOT / 11,BLOCK G.THE MOORE FAMILY P.U.D..A PLANNED COMMUNITY,for the following r LEGAL DESCRIPTION: Lot 11, Block G, The Moore Family P.U.D., A Planned Community, according to the plat thereof wrp- �` Amendment of the build n9 enMOpe and«Uwty enMOpe location,The resulting 7 € ? recorded August 10, 1998 in Plat Book 45 at Page 81, County of Pitkin, State of Colorado. square footage.f these.mvl.pa,d es not thongs This awemmant does not PURPOSE: Purpose ed lot else or shape. os tat is to amend the 1� �"� o� ,�� tT f,•�.� �"�` \ � e of this amended p Esewtad this_day of zma. location of the building envelope and activity envelope BY 883 MOORS LLC Bit CURVE TABLE- !� ARC DELTA CHORD CHORD 4i,�� CURVE# �. RADIUS ANGLE BEARING LENGTH STATE ff ) ,C�{+ GRAPHIC SCALE ,\.0 )o f /I.IIVI _ f•. m 9 / Cl 165.32' 9500' 99'42'29• N2024'44•E 145.24' COUNTY OF )1.l tT r S�p Q t• 3 'y ?�\y/ C2 13.37' 115.00' 6'39'35• S]Sl9'OS•E 13.36' The rareWmg instrment eras acknc.edged before me this_day of m a MINE /f 2. / C3 40.45' 275.94' 823'59• 567'47'18"E 40.42• 2014,by m IN P'7420 /`t>// F.r 1'ohm 20 ft. / C4 56.85' 260.00' 1617'16• 571'43'56•E 56.6'0' WITNESS my hand and official sad P/ C5 44.60' 115:00' 22'13'15• 1,189-00-49-E 44.32' My commission.0'. PROPERTY DESCRIPTION. / C Lot It,BI«k G.The Moan F-My P.U.D.,A Penned Community,according to the Notary Public out thereof recorded August 10,1998 in Plat Bola 45 at Pager 81.County of - LEGEND - POkh,State of Colorado. ,y9\g\6 / \ OTY ENGINEER REMEM: N -a 'N �S 4yd Cp9 qq F' tr N07E5: S 6y'%0\of ps9" h''p... [ °rte r / p -Fd 15 Reber.11149iMs Cap THIS FIRST AMENDED PUT,LOT 11,BLOCK C,THE MOORS FAMILY P.U.O.,A tvl7 SAE,,.q.,,r"4 O -Fd Nay/sit Shiny,CS/29010 BANNED COAMUNItt,WAS RENEWED FOR THE DEPICTION OF THE ENGINEERING 1. 8.ie of Bwatngs-6-ings shown hen.are rsiati.to o bearing al YVa[y�p[.4,[ DEPARTMENT SURVEY REOUIREMENTS THIS DAY OF 5.31'49'38"N.between the northerly most--and the awNwnl coma .q0'°a ® -Fd RNnr Coy,(S j Tp0.l0 2014, of Lot 11,both comers being m.umenlad as shown harem,and also using / .1.6, 9 -Fd�J,Cop,LS/201JJ relative to o bearing of N.27T8'S7•E between City of Aspen 475 16 and 1• c[ BY: City of Aspen GPS 15. / /B�� o CITY ENGINEER 2. Street address -883 Moore Od.,Aspen,CO- i Z' COMI9 M DEVELOPMENT DIRECTOR 3. All easements shown are from"The Moore Family P.U.D.,A Planned / '%r9' +• / Community,re-dad August 10 1998,as h Book 45 at Page 81,Pitkin This FIRST AMENDED PLAT,LOT 11,BLOCK G.THE MOORE FAMILY P.U.O.,A County,State of caaada. / of COW a MAN ITV Colorado.approved by the Canmunity Development Director 4. Due to e.lenslea work competed in this area,eleaatena are relative to THIS any a 2D74. design grades used fa the Moue Family P.U.D.released far"s aim May 28,1999,by Smmueser Gordon Meyer,Inc.,and wwld have to be adjusted up 339 feel to m.tm NAVD 88. 1 / Director 5. Data of add survey.August Seplamhar,2073 6. This survey has been completed per the dents request tar on Eeisting Conditions Map Poryond b iN mvBlO to be eBmMafed HOMEOWNERS ASSOCIATION 7. Units of Ins«measurement US Sunay Feet. DW&•S't' 2199 sci s .; `:>� P'^ THE MOORE FAMILY P.U.0.MASTER ASSOOATON,INC.,A COLORADO NON-PROFIT d. Y 0X50,ec S / '; CORPORATION 5. The moth-alical error of clasure far this property is less that 1/15,000.'.,?`'', By 9. Based solely upon the Flood Insurance Rate Map(Community Panel No. ` g bU a�� ` %j, - - - � eprw -� `D. President 0809700203 C.dated June 4,1987,prepared by the Federal Emerg.cy %'9 'P Management Agency,the subject property's designated us bang situated n �4r�2, p4y�P �6gpE 6g'k S5V3'D4"E o ACKNOWLEDGMENT Z.,x Areas determined to be outside 500-yea flood pans P+ ro kyd �3 N a 1615 ^w ICI Fenae shown here.. fan,do mat necesee n al STATE aP )ss y y represent in.um6w or \ '' omesh p. % •,..� '�+ COUNTY OF ) 11. SGM will at be responsible far m charges made to this dowmmt after it ,, The foregoing instrument was adnoeledged before me this_day of Y 9•%m / _ u<y 2016.by as President. I—our possession.Any copy,facaimis,etc.,of this document must be Si' - x7'446 02"x Lot 1 519.44'02 E ompaed to the a-1 signed,sealed and doled docwn t to insure the / 21.61' : 41.10' `�° WITNESS m hood and official aad: oar r«y of the hfam,.tian Nnom m my wean copy,and m moan that no 1.053 ac. � �°� r A1ea IU be added a building earri wbn changes have been made. 'o- - e M a� P;,ery ow„wr Nam-awd xdresw 2199 IL d — - � r aarnmisam ewpwea sq. s q 12. Any subsurf«a utilities not shown Here.,were mat marked by appropri.te rJ2s�ycR MOCIRE M icon 0.050 ac. o= utility compaiies at the tine of this survey.Oient/cunt,«tar must contact s A5REN,CO 81611 - ''2 %`m^> Notary Public specific utility—pail.to verify both the 1-tim and depth of respective / c� utilities.Additional surveying work may be required to show my suds ,E+/a" Ads,&,w l owns,Letva subsurfuce utility 1«abons on this drawing.SUM 01 not be rwepmsble fa �W 6� L.9or 0esc PiAm protwchan of subsurface utilities not marked an the ground at the time of 'e” `Tf$.v� Subui-on,moavE FANK r rw&ak this survey. \\/� G Lot:11 a�el P KIN COUN Y CL RK ANO RECORDER: y ry,,`4•J I hereby w ify that this FIRST AMENDED PUT,LOT 11,BLOCK G.THE MOORE 13. This amended plot's based upm the and plot of The Moore Family PU.D., _ ?-' \' a FAMILY P.U.O..A PLANNED COMMUNITY wow a«epted far recording in the office of A Planned Community..,-ding to the pal thereof recorded August 10, I ..'S, the Clerk'.d Recorder of Pitkin County,this day of__�2014 1998 h Plat Book 45 at Page 81,County of PiWn,State of Colorado. �/ and'a duly reloaded m Plot Book_at Page_as R..pli.N. F. I-' -,39- h the Retards of Pitkin County,Colorado. 14. The property shown here.is subjett to an wasements.righta-of-woye, building aeth«k.a other ieslrictims of reread,as sum items may affect 8''.. Nis property.This map don not reprexnl o tills s-m by this surveyor u Buldeg E°vebpe Pitkin Count Clerk and R.. SGM of the property shown hereon to determine ownershq,tanp.temty with 19447 q.it. Y attuning parcels,or eas ements or en—tworcn of record affe<tL g this 0.446..z CERTIFICATE: 15. All hformotim pertaining to ownership.eoaement and other...*,a...of 57952'31E •� re,wd ha%been taken hen the title ensurer.commitment issued by F t ` Iq.�. 1,Davila A Cooper,a duly registered Professional Lad Surveyor,licensed h the Atha con Title Canpmy,F6a No.13003099 dated May 2,2013.and every, 8 �ddu -' State of Cdamt,do hereby certify that this FIRST AMENDED RAT,LOT 11, attempt hT been made to show all easements and rights of wiry referred _ --------- __ 9�p�, ,.. ..,_:.� BLOCK G,THE MOORS FAMILY P.UD.,A PLANNED COMMUNITY is a km eared to h fire nn.maurm,e pdey nfeenud more. �' and cangwte I�l n laid out.patted,dedicated and shown henm.that weh ,j pat w«made hen d aeettly surrey of sold Lot 11,by me a uncle my P -- _ ,p qy. - :;j dirxt aperei,i..and,mec8y snows me lo,a6on and dimensions or Lot 11 a CS -__-_ 1Jp;y\ -_ '•I along with the lowtim and dimensions of the amended building envelope and _.. warded adivity envelope. FP°� _ In In-w,—L I fare set my hand mad eed this 21st day of April,2014 � �� ---i-__ 113.12• / -ILA— F F- 11153114"T.] 1 17.24• DaYid A-Cooper Cob.Aeg.P.LS.R290.10 ~/c _.. Far,and on oW Pmrya - 1� behalf of�_ s$L 7 ""K \Vi� m �1�3a -�•I�EM✓��aesf \ C� `�� _ � ^''�v`.a.:1' .y rY. $ ASpEN 0[77 AP \ ✓.r ,3,:Sc55:cs e 6//_•P-b6 R z ffi \ Rreo.weh fro cdorado Lo .oast c °,enc Lot 1 l, Block G # \ Revision Oafs B lob No. 2006443.002 Notice: T Drown by: dac er a° Amended Plat D� 4/21/14 w� e9" ,a ba%ea ay° ,de,f� ns° Moore Family m i I P.U.D. Nacn ere/ec°f�t�rent mafy o y 1.9a,/acrim� 6SGM 2 baswdupp-a y 10-7 a,f"ay..ey ere 118 West Sipdh Street,Suite 200 y 3 wd ono.tnom ter.,r rw I the dote Glenwood Springs,CO 81601 4 Imro d A veal: of me re,enroson sin- 970.945.1004 viww.sgnl•inc.com Aspen, CO 5 File: r4�sscaell-14w1e+w4b Sara Adams—City of Aspen Community Development Department Christine Poirier Shine 11 March 2014 8 2014 Lot 11 at Five Trees ,t r Y 01- A � `-ti PUD Code Clarification Summary project files The following memo summarizes the two discussions with Sara Adams from the City of Aspen Community Development Department in regard to the project at Lot 11 at Five Trees.. • Moore Family Planned Unit Development Guide Article VIII Building Setbacks.All development, including grading shall be contained within the building envelope with the exception of grading necessary for driveways and driveway retaining walls, roads as depicted on the detailed submission grading plans, and berms and landscaping in Open Space Area 9. o the grading, landscaping, 7'wall and tiered rock wall associated with the driveways, driveway retaining walls and auto court are acceptable per Sara's interpretation of article (VIII) • Moore Family Planned Unit Development Guide Article IX Driveways. Driveway retaining walls located outside the building envelope shall not exceed six (6) feet in height. Stepped back or terraced wall structures with ample planting pockets are to be used where grade changes exceed six feet. o We understand that planting around the driveway is permitted even though it does not fall within the building envelope or activity envelope, because ample planting pockets are to be used where grade changes exceed six feet in conjunction with stepped-back or terraced wall structures. The Five Trees Design Guidelines reiterate the need for ample planting pockets in a wall of more than four feet high. o Furthermore, revegetation is required per The Five Trees Design Guidelines for disturbed areas as a result of the wall excavation and reads as follows,at disturbed areas where extensive reforestation is planned, a planting mix including smaller trees and shrubs may be approved provided that the larger plant material size requirements outlined above are adhered to in area that are highly visible from adjacent properties. The planting as described in the two bullet points above are deemed acceptable per Sara's interpretation of article (VX) and with parks department approval to ensure that native revegetation requirements are met. • Moore Family Planned Unit Development Guide Resolution No 09. Section 1 An activity envelope will be measured 20 feet from the foundation of the principal and accessory structures on each residential lot. Permitted activities include approved landscaping, drainage features and trenching for utilities. o Planting is approved within the building envelope and activity envelope per Sara's interpretation of Resolution No 09. Section 1. • Moore Family Planned Unit Development Guide Resolution No 09. Section 2 Diseased or dead trees located outside of a building or activity envelope may only be replaced with the approval of the City Parks Department. o Also we understand that diseased or dead trees located outside of a building or activity envelope may be replaced if approved by the Parks Department. To be confirmed with the Parks Department. • Moore Family Planned Unit Development Guide Article XVI Lighting 7. (g) No landscape lighting and(h) No driveway lighting in the residential areas. Moore Family Planned Unit Development Guide Article XVI Lighting 2. Illumination Levels (b)pedestrian walkways and driveways - from .1fc to .5fc. • We understand the definition of landscape lighting to be lighting that is associated with planting, which differs from site lighting, which refers to the lighting of the exterior hardscape areas. Sara's interpretation of Article XVI Lighting is consistent with our understanding. • Furthermore, based upon 2. Illumination levels, we understand that site lighting on stairs and pedestrian walkways is permissible. Sara's interpretation of Article XVI Lighting is consistent with our understanding. • Moore Family Planned Unit Development Guide Article VIII Building Setbacks.All development, including grading shall be contained within the building envelope with the exception of grading necessary for driveways and driveway retaining walls, roads as depicted on the detailed submission grading plans, and berms and landscaping in Open Space Area 9. Moore Family Planned Unit Development Guide Article XIII Development of Slopes of 30 Percent of Greater Steepness of cut and fill s lopes shall be the maximum which will ensure stability and still allow vegetation. • The area of grading adjacent to the proposed green roof is outside of the building envelope and not allowable per Sara's interpretation, however the code reads that all development, including grading, shall be contained within the building envelope, with the exception of grading necessary for driveways and driveway retaining walls, roads as depicted on the detailed submission grading plans. Although the road is not new, as discussed, the grading will ease the transition to the cut made for the initial disturbance made for the road construction. In reference to Article XIII Development of Slopes of 30 Percent of Greater, this proposed grading intends to blend the existing road cut thru the incorporation of a planted natural boulder wall to soften the steepness of grade in this location due to prior road construction. • Per The Five Trees Design Guidelines, outside of the building envelope, the site is to remain in, or be restored to, an essentially natural condition, maintained to blend with adjoining, predominantly areas. We want to ameliorate the road cut damage and return this area to a more naturalized condition per the design guidelines. The Five Trees Design Review Board was in favor of how the grading and transition to the green roof significantly reduced the visual impact from Moore Road and was consistent with the blending into the naturalized environment. They were pleased with the natural boulder retaining wall that would further blend the grade change. Please provide your interpretation given the circumstances. The area of grading adjacent to the proposed green roof is outside of the building envelope and not allowable per Sara's interpretation. Sara recommends an activity envelope adjustment and will provide a pre-application summary if one is requested by the team. The anticipated timeline for this administrative action is 2-4 weeks. • Moore Family Planned Unit Development Guide article XV Wildfire Mitigation. 1. A 10 foot perimeter around all legal structures shall be clear of tall grass and brush. The grass in this perimeter shall be kept mowed and only small plants and shrubs shall be used for landscaping. Moore Family Planned Unit Development Guide article XV Wildfire Mitigation.2. Vegetation shall be reduced to break up the vertical and horizontal continuity of fuels a minimum of 30 feet perimeter around the structure. Within the 30 foot perimeter, spacing of clumps shall be a minimum of two times the height of fuel. o Based upon the wildfire mitigation requirements, the planting will be very limited, which is inconsistent with The Five Trees Design Guidelines. The County has updated their fire mitigation code since this PUD to better address wildfire standards. Innovative approaches, such as having the planters and green roofs as part of the structure and using roads as fire breaks, have been accepted under Pitkin County's current mitigation code in recent projects. The irrigation also plays in integral role in wildfire prevention. To be confirmed with the Fire Department. Please confirm your interpretation of the definition of"structure"that informs our activity envelope and wildfire mitigation: Structure (as defined in current Aspen Land Use Code)Anything constructed, installed or erected which requires location on the ground or is attached/supported by something on the ground, inclusive of buildings, signs, roads, walkways, berms, fences and/or walls greater than six feet(6')in height, tennis courts, swimming pools and the like, but excluding poles, lines, cables or similar devices used in the transmission or distribution of public utilities. Attached please find Bluegreen's interpretation of the"structure" limits for Lot 11 at Five Trees. Sara will confer with her colleagues and provide further clarification. NOTE: � 4- GRADING AND DRAINAGE BY SGM;PLEASE REFER TO / SHEETS Cl&C2 FOR MORE - INFORMATION ; o j ,,�� /!��i�;/ii/iiiii;;,,,, �!!!/y,� i ,,!i% iii�/� � � •� q ;t r 2 - a LAWN r / I� £ ✓t / � � u - LOWER TERRACE / N POOL �. ��pp�u�IIII11L 0%B SPA JWWICCllMWI' r TUMM - / .. �Af(- ` • ,I!II��I� R — MAIN TERRAC ---- -------- UPPER TERRACE nn I I --------- -- KRCH N DECK I I I.. • m I > \ DRIVEWAY ACCESS \ j 5 �5 GREEN ROOF ABOVE GARAGE O M' AUTO COURT r'W C� b reved building envelope LEGEND \ � data I Utue S \ - REMOVE BUILDING ENVELOPE;2,227 SQ FT - - scalf \ \ 0 5 10 ADD BUILDING ENVELOPE:2,227 SQ F7 NO NET CHANGE \ \ � i RELIMINARY \ NOT FOR CONSTRUCTION . \ �copYngt`t blue9reen — 1\ r '*`+ • 1�. "_'yon f PROPERTY DESCRIPTION, 8\�J _ y .�•, `� � ExiS tint Cols dl t1 Old S Map Lot 11,Block G,The Moan Family P.U.D.,A Planed Community,according to the plot .I Y� = , , thaeaf recorded August 10,1998 in Plat Ba°N 45 at Page 81,County of Piikin,Slate , °" \ Lot 11, Block G of Cdaad°. r ar ;�t. y Moore Family P.U.D. NOTES 1 ° .s� 1. Basis of Beerings-The record barn ng between the south ea I coma one the south 1/4 of Section 11 110 S,885 W.6th PM,is N895548'W as shorn s Aspen, Colorado the 1978 BlM Dependent Resurvey Survey of acid towship recorded at Ptkin ek J,� County,State al Colorado. �'_ `. o \list. / 2. Street adMen -883 Moore Dore,Asps,CO su' / a t' - �'� - / \,' �-'/?• p�,P / 3. al emements show me born"The Mome Fanay P U 0,A Planned Community, recorded August 101998,as in Barak 45 at Page 81 Pitkn County,Slate of Cdoado. CURVE TABLE- 4. Due to asten dw work completed h this ores dewma t' ore relative to design L GRAPHIC SCALE .1' .>� O- Fades used fa the Moore Family P.U.D.released for constructs May 28,1999, 1�1)r j /. - y'\ I `r / fy�•eyy / ARC DELTA CHORD CHORD by 5dwums Gads Neva,Inc,end world have to be adjusted up 3.39 fat to / t CURVE# RADIUS moth NAVD 88 �� LENGTH ANGLE BEARING LENGTH ao C1 165.32 95.00 99'42'29 S2024'44'W 145.24' S Dote of feed survey.August-September,2013 V aNl f p IN FEET J m C2 13.77' 115.00' 6'3935' S1519'O1'E 13.36' 1 inch= 20 ft 'ei• B. This survey has hers completed Ds the dlsta request fa s Eslatng Conditions o gyy5 .►p- C3 40.45' 275.94' 823'59' S67'47'1 8'E 40.42' Mep (,, - LEGEND }9`556 / 2x a s aw C4 58.85' 200.00' 16'17'16' N71'43'S6'W 58.66 7. Units of I'nem measurement US Survey Fact. '��2y�Y -.t_ ,� \�"W ao N6 '4q,. 'b cb BJgp CS 44.60' 115.00' 2213'15' 589V049W 44.32 S. The mathematical era of dame la Na property is leas that 1/15,810. p -FO/5 Rebor w/lllegib/e Cap 68`0 of Pip/ 6' �iB• i r O -FO Hai/ Shiner,CS/?9030 S to C�1 4• CA '4tr-"AY, 9. Bored eddy ups Me Flood Insurance Rate Mop(Community Pond No ® Fd Rebor elk GOP.CS/T9030 B: 4• 4' � MIT 0809700203 Agency.the subject property,design tedeus bag Emergency m Zone f3 -Fd Reboi&Cap,CS/20133 %'Areas determined to be outside 500-guise fled plan" ❑ET Electric Tmoslormer 8336• q• B" ° 10. Fences show Maas,f any,do not nexssaily represent the 16n'ts of owaship. ® - Ztnc B 6. 4'4' g- - '• 4• " " 11. SOd will not be responsible for any changes made to this document afe it ® Electnc Panel / [' ••p'.." m E/ectnc Manho le 4� Zd, Maws err o Ole My copy,seded facsimile, an etc,of this dent to i must be f" V.-.. / compered fa the orlgnd aged xded and dated document to nacre the # Light Pel, / d e" 9" g" ` 4" accuracy of the information show an any such copy,and to insure that no such 47 -Floodlight e^ fit+a" 4 a " M1' / hsges have been made v. uli%ry Pole 6' .. o Guy Pole / ,\� ^ g. 4' 4... g 8' 8' /�19- // 12 ca subsurface utilities the of of edit by appropriate l t sp cif�alty m Telephone Peel By85 .Cpl' / \ 6" / � uutilil —pan.too verity lboth the�c'aunt and�Mo respective utilities. g• 6" 6" Additional surveying work may be required to show my sub subsurface utility ® Tel phone Manhole / 4" / s• 4 •+,ffi %'� locations s this hawing SGM will not be respsahle fa protects of subsurface pj Water w/ve 4' / r - ' �3 4, g" " 6• B• ti 011itles at milked s the ground at the time of this survey. p 4 -Fire Hyd of 'rf1"q• .:. 5 5"... q �.Tsr .ti;:. .... / 13. Field work for this survey was performed in wry h tat'on with limited 8 Water Meter .c, [^ / 4" 8 esibit throughout the site E effort was made to locate each tree and other lY Water Shut-err/ g q• ° 4" such items iUal duplicating such Rem,an this map,but said vegetation ® Water Manhole+ ..el4a' 6. S' 6' 9• \ .. -,p makes 1°r some approx mahse. -Water Spigot ,. g. N- / 14 The property show hereon is subject to m emenenta rights-of-ways,buildin g ,p •� 6" , r Z setback,a other .Victim.of record,as such tens may affect or -Wel/ gr "-y` .. /..'S 4' / Y Property. ® ,hd/iY C`6 a - •Oc°u �'.- /M' 6" 4' - This ma does not t a tee seerch b this surve SCM of me M' PVC p� _.,63 \h tr'- tp S% p represent .y a °r adjoin parcels, ISM / son coot ✓a/ve �i ,P� "s• t, .. a+ .p. q�1 r� property show herein to dtermme ownership,compatibility with mga j Os' •p` 7" or easments or encumbrances of record affecting this pane, P 9 QS -s nrrory sewer MannaE+�` .] �1 i�- _/ 4• 9 6 a g \ 6• a o / �F C/eorrour \° 'e "' w 4' / r,4' B. 3 4" 6" 5 a• :,6• '1. gt7 �1 N� to/er a a ,.E 15 All information hm�n tdmnfrorn Me tiro p scircnae leommother t most by F t' Y Cas Meter 4 .p ) '• q,�p•. / - e S/66 Amwcan Title Company.F1e No 13003099,dated May 2,2013 pd -Gas✓oAr q" •".. ® ,p" 7• E ......_ 4• �!�g7� : ` --% v { Every attempt her been made to show at emmnmb end rights-of-way Caen Marker j' - 6;' # referred to the title insurance policy referenced hove. Pedestal rrr ❑® SYorm MnnHa ' 4" /....... e" 4 T 4"p/,;r gee 8' °i \ / /:�- S PERTAINING TO SAID itllE COMWIMENT.SCHEDULE 8-2 E%CEPiIONS: -e- Sign single Pole ........ ... / .... 4' V ..-,..... Last 17 �' d - - Rana 1-7,12-18,20-24,27-25,30-32,35-37,39-40 are standard Sign Double Pak �r ..._.ep` 1.0900. br- .: .,/_ $¢¢� 9 B" 6.� �, 8�Q 46 b H#raay allwuv Mans mad AaHaks /� �" a °x`'�' exceptions,bdes's ore unable to be depicted graphically, a affat the entire pored GO Mai/hox W. B" ^'bt!'kR7dpE LLC or su general. ® Larger Rock/Bou/d 4=6" 4" 8" 4" 4' t m 25 Ilan B-The pored of land described t gook 55 Page 9,does not affect Q -Sore/h'te Dish ._ ...: _. .. / _ subject Parcel. ••.g / , .......... 4, At1XSsm'-Dew OYW ,e32a � /..v. /.AKC e) - ,^ Item 9-The parcel of land described at Book 55 Page 20,does not affect / 1 subject parcel. our Tree / T B. .Subc6!Wac-gMlBf FAMLY H.G Ba4,Y .. / 44"... ... ....B"' ' g•.-......... -..8'- X15 7"/ / N y \ 1 p pond 0-The parcel of Iced described at Bock 55 Page 34,affects subject E ergreen Tme a, < ' 4• -.:'`g• / ¢� _.j C� 3285 Item 1- col of Ise described at Book 55 Page 191,dam not affct —c— Overhead L7ectnc Line r .. / 4• 1S - ` /� /:cT .. J� pa g o •... 8• / C EL:8381.50' subje t parcel. 4• or e —us— Underground Elect-Lne �4°�'0 :. ^... B" /' TP TEMP VIEW ANGLE a Cos Line �R •. 4" "- 3v /f,%Crii N=59068.31 It 19 Al notes easamnt,and recital,m disclosed s the Mome Family 'YS�° 4" �' " 4" l� / �'"< E=61704.51 Planed Unit lDevdapment,a Planned Community Plat recorded In Plat Bank 45 /1 —s— F cekne s2'�On S7gn Zb N°t Gbr �...... .. - 8' ,� ,.'� /; 6 at Page gl ore shorn hereon. as— Sanrtory Sewer Line Dr• Ry EmergM r AcaKe' ... .. / \ \ —w— Water Cine 3097 , Itan 25 The Emament a reamst with Me Aspen Scholl District No RE7, 4 ...... _ 4' 2-4' )�J recoded as RcepUs Na.120477 dam not affect the cob' f —m— Overhead T/ephone Line EL 8370.34' s 2• 1T I s� 1, m �' Parcel. —ur Underground Te/,phone Line Item 26-The Easanent agreement iN the City of Ages sac d d m N-59024.55' Reception Na 420478 does not affect the subject pored O E=61427.12 Concrtte C5 ..,,•1. ........._...:::... \ 1 3 it' 21 Item 29 The City of Aspen Raw enter Agreement,recorded as Reception No. :.: i 420485 dm not affect Me subject pored. -Stone /�� `�.� �• .. ..i if --..� Q Y --`—_- 5�951;j f -.. Item 33 The Marta Deed Restriction Agreement roe the Ocupancy and _ c. __ 4' .�; �..�... ... ... - I' Rcale of the Mane Family Project ncardad m Yv1. I� 1 y Reception No.420189 does not __ �� -crave/ QR( h a __ � '7>3?p'E �� _ 4�ytps 1 pee::.. I:.�. abet me subject puree. elf 55 6 a- ____�_�-__�_ �_`� I1 1011 Item 34-The Memorandum of Undemanding Between the Aspen School -Oeck 6 Q `� W W` 3003 -- �`� °........:........ II Na. 20491 dam t Bet P ,readied m R l l' / _ -�� •' 1 OisUkl end the Jana E Mace Family Partnership LLP Reception �a .: 1�. %' EL: 8391.33' a no a led peryW. EL:8380.77' -_ 7P WONT STOP mile d� p TP FLOWLINE C4 tT \�r_� N=58995.35' It-38-The Agreement,recorded m Reception N=58993.20' �� - 1� 1 9 Reception N.427474,The 515 Uri end - � "�__- E=61684.15' Ski Trail Use A enle, subject m R lion Na.'s 427174,127475,427476 Faem weep ,q E=61543.72' 1°7rE4ra++m-,yam _.._�...�; \ and 427477,d°net affect subject pace. mal F R°3° s9t7,M�q✓t•all� //f�/��\ C,B \�� \� 6�' SURS»�5 CERTIFICATE _-- g SLOPE TABLE - 1pb%a,. Lq' E F CLac'Aadias I,David A Cooper,do Areby certify that I mm a regestered Professional Land Smveycr � licensed under the Ian of the Slate of Comodo,that this map was prepared an u NUMBER MIN.SLOPE MAX.SLOPE COLOR 'G C«.e _ September 10,2013,and that this map sum made horn an.-rte field survey of 1 30.0008 40.0008 �.__ said"arty by me and under my supervision and that this map is true and correct 2 40.0008 100.0008 to bet of my knowledge and belief. David A Cooper Colo.It".F.1-S.#2 beh i and eM 3 # Revision Date 8 Job No. 2006443.002 Notice: mmenn Lot 1 1 Block G Existing Conditions Map D—by: dais Accab7y to Colorado Low,you must co 7 any/organ onion eared,Pan o y drear in tor, Dote: 9/70/13 su r with/n mree yrs otter you r r dacaver r 3 :ash der cr.In roe r maY°y legal action 118 West Sixth Street,Suite 200 rowvvf an any deeaf is this r°y be Moore Family PUD a marw than rn years i the cars Glenwood Springs,CO 81601 y 4 w/Slope Zones Approved: Of 1 err me ce coot on rnawn ne ea. 970.945.1004 WWW.sgm-in-com 5 File: Ae=.ew anx „ First Amended Plat - CERBFICAHON lX DEDICATION AND OWNERSHIP: 1 4.•,+ 883 MOORS LLC u the over of certain in Pitkin County,Colorado being } ape �r Lot 11 , Block G Moore Family P.U.D. mare particularly he Moor ore fallen: y or Lot 11 Block G,The Moore Family PUD A Planned Community,according to the J J pal lhaml recorded August 10,1998 In Plat Book 45 at Page 81,County of Pilkil.State of Cowmda. Pitkin County, Colorado .2. _ 11. LOCRE, does RE FA execute and record this FIRST WENDED PUT,LOT 11,BLOCK C,THE MOORS FAMILY P.U.D.,A PLANNED COMMUNITY,for the following - LEGAL DESCRIPTION: Lot 11, Block G, The Moore Family P.U.D., A Planned Community, according to the plat thereof purpose, Am-dmmt age the bolding vMOpa and actiMy mwlope locations The resulting recorded August 10, 1998 in Plat Book 45 at Page 81, County of Pitkin, State of Colorado. sq"are raataq<err m<s<mIelm.does at change.This amendment does not affect let i be or shape J o ' A. PURPOSE: Purpose of this amended plat is to amend the Ex<aal<a this_day of_�2014. Q ��/ ` \ location of the building envelope and activity envelope. I / f ti o`ty, By.883 MOORE LLC r e�s ITS } r ;g• a '� \• -LINE TABLE- 9y i , �� y sf -CURVETABLE- _/ t �'� LINES BEARING DISTANCE CLIWE• ARC RADIUS DELTA CHGRD CHORD Lt 567'14'N-W 53681' STATE OF ) GRAPHIC SCALE te 0 9 �NGI ANGLE a\ I SEARING TM r VICINITY M �- ti°m / 2 519'44'01 E 48.59 )� 1a�q / Cl 165.32' 95.00' 9942'29- N2024.44-E 145.24' COUNTY OF ) E: Inc =2aoa I- BC ,1 flV LL 3!/y, ?B\y C2 13.37' 115.00 679'35• S75�9.05-E 13.36' L3 m27J4"W 4'00' The foregoing inalrumehl was acknowledged before me this_day of i ao o ,o m xa CJ .!i r fj �. / L4 Sig 27.2 27.23' 2014,by as C3 40.45' 275.94' 82359' 56747'18-E 40.42' `- - - (Dr FLIEt) L5 S7015'5eW 18.33' - C4 56.85' 200.00' 1617'18' S7143'56'E 56.66' WINESS my hand and of8dal seal 1 inch= 20 fl / /\ LO 519'44'02'E 30.50' y coin erykee CS M.80' 17100' 22'13'75' Ne9V0'49-E 44.32' Y misNon PROPERTY DESCRIPTION: C 1-7 S7015'58'W 25.07 Lot 11,Block C.The Moore Family P.U.D.,A Planned Community,occording to the e+i EN7 S2014'04'E 4.33' Notary Public plat thereof macraed August 10.1998 In Plat Book 45 at Page 81,County of yy� 7015'58'W 69.82' Pitkin,Slate of Colorado. W jI5S6 / \ � �' � - LEGEND - N703111-W 5035' CIN ENpNEFR RENEW NOTES 91047.1 psp�/ x. 'e4, c/� Q -Fd/5 Rebar w/M9'S Cop 79'44'46-W 9.71' THIS FIRST AMENDED PLAT,LOT 11,BLOCK G,THE MOORE FAMILY P.U.D.,A 5li Gty° F q�-a."- O -Fd Nail A'Shiner,[S/79= PUNNED COMMUNITY,HAS BEEN REMEW;D BY THE CITY OF ASPEN ENGINEER. I. Best of Bearings-The record booing betsem the mulheml coma and S° F-14q.1'�Ax 4r/w„ S881 0'42"W 17.44' �n Oe -Fd Rebar d'cap,LS/790!0 THIS DAY a 2014. the south 1/4 of Section 11 T.)0 S,R.85 W.6th P.M.,is N8955'48'W as 77'a7'22'W 14.12' sham on the 1978 BUI Dependent Resurvey Survey of said tow-'p / ti6 �.1A. 9 -Fd Rebor&Cop,[S/7013! recorded at Pitkin County,State of Color do. �JB. �e/l 79'43'47-W 12.50' BY: 2. Street address -893 Moore Oriw,Aryan,CO. / �k 7019'46'W 15.88' p1Y ENGINEER 3. All easanents show arc from"The Moore Family P.U.D.,A Planned !J� N19-44'Ol'W 40.12' CDMIAINIIY DEVELOPMENT DIRECTOR: Community,recorded August 10 1998,as in Book 45 at Page 81,Pitkin / �9' N7013'18'E 11.37 County,State of Colorado. This FIRST AMENDED PUT,LOT 11,BLOCK G THE MOORE FAMILY P.U.D..A N19'46'44'W 8.77 PLANNED COMMUNITY hoe been approved by the Community DaYsopment Director 4. Due to solvent work completed'n this arm,tlawtions ore relative t° of the City or Aspen.Colorado. design grades used far the Moore Family P.D.D.relmsed for constructi- N7015'S8-E 102.97 May 28,1999,by Schmueser Cordon Meyer,Inc.,and would haw to be / THIS DAY OF 2014. cdolited up 3.39 feet to match NAM 88. - 519'44'02-E 7.86' N70't553-E 60.44' 5. Date of field survey.August-September,2013 X01 ( z7sq 519'45'17'E 3.70' Direcla 6. This survey has been completed p er Me clients request far m Existing N7014'43'E 4.12' Condition,Map. ;;� 1�•l- l22 `123 L24 S19-44'02'E 11.06' HOMEOWNERS ASSOpATgN: 7. Units of IInM measurement US Survey Feet. Portion of bNldner met=to be elated - - Y( , y1rYL3'�' 4V rr1S11 �' L25 N7015'S8-E 4.00' THE MOORE FAMILY P.U.D.MASTER ASSOCIATION,INC.,A COLORADO NON-PRORT 8. The mathematical era of closure for thus property s less that 1 15,000. ,p 0� ♦ 7227 sq.W.t P1W Y l k0i 0.051sc.f 'Fc�ve\°Qe G, CORPORATION 9. Basal solely upon the Flood InwranrA:Rote Mao(Community Panty No. �,J'P,1t5^•q`v�'y� 4'�� C' �+ ? By 0809700203 C,doted June 4,1987,prepared by the Federal Emergency F`\p p�s �' h" i • 4'rff as, President Management Agency,the subject property is designated as being situated n �rGO tLF •'9W' .+may Y 125! s, a Zone%'Areas determined to be outside 500-year Good pan'. 6e E y hL�. D' Y ` i'I�?°A s �#p ACKNOWLEDGMENT 10. Fences show hereon,it any,do not necesmrily rryroenl the limih of QE,Q4.,p 7 1.S o V. :, ,` STATE OF ;ss owershit, ,air 4� �0 , g COUNTY OF It. SGM will not be responsible fa any changes made to this document after it i �i. G�\ ma - The foregoing instrument was acknowledged berme me this_day of Imts our possession.Any copy,facsimile,eta,of this document must be ,0' �w w y� 3 _ - -o V<Z 2014,by m President. compered to the original signed,noted and dated document to insure the Lot 11 act racy of the imommmion sit°»n on any wan paps,one to�nwre that no '�� a; s WITNESS my nand and official amt: such changes now been made. 1.053 ac. 2 __ a. Pnm Ower Nome and Addssr '`\� My commission expird 12. Any subsurface utilities not show hereon,was not marked by appropriate POV, a0'88J MOORE[[C utility companies at the time of this survey Diwl/contractor must contact `�.p 1J25-WAR4 kb7A DR off specific utility cowponies to verify both the location and depth of respective ASPEN,CO 81611 , _ �' Notary Public utiities.Additional surveying work may be mWired to show any wan /AC subsurface utility locations on this drowing.SGM wil not be responsible for 4e Ad?,-/0-Dbrad protection of subsurface utilities not marked an the ground at the time of e'�Q x D [Mal D-cmao,, e'.��S�w. R (., this survey. 41 0°a Subao--:MOORS FAMIL Y PUD 9,mA: qs' t ��C� PITKIN COUNTY CLERK AND RECORDER G[err:11 'FA 13. This amended plat is based upon the find pat of The Nocre Famiy P.U.D., `j � coq I hereby artily that this FIRST AMENDED PUT,LOT 11,BLOCK G.THE AIOORE A Planned Community,according to the pat thereof recorded August 10, j a, FAMILY P.U.O.,A PLANNED COMMUNITY was accepted for recording n the office of 1998 n Plat Book 45 at P Bt,Count f Pitkin,State of Colorado. Ac'iviN Envelope mss•) g Page y o �5-q,.. the Clark and Recada or Pftkin County,This_cloy of 2014 21737 sq.It.f - and is duly recorded in Plat Bank_at Page_as Reception No. 14. The property snosn heeon is subject to dl eassmmts,rightrol-wya, s,.,� 0.,99 ac. n the Records of Pitkin County,Colorado. building ssfa, s a other restrictions of record,as such items may affect this property.This map doe not represent a title search by this sowyor or BuiMing Emal°ne SGM of the property show hereon to determine owershp,compatibility with 19447 R f F \ S� PRk'n County perk and Recorder adjolning parcels,a easements a mcumbranca of record affect this ,L/ ry pweN. !PL 17 446 ac.: �q'.. 15. All information pertaining to owaenip,easement and other enambmnces or �Q. � �'1f;. SURVEYOR'S CFRRFlCAIE retard hen been taken from the title insurance commitment issued by First American Title Company,File No.13003099,acted May 2,2013,and every f09_'pg �p'D I,Dowd A.Cooper,a duly registered Professional Land Surtyer,licensed in the attempt has been mode to altos dl eaeements ond rights-af-way referred �lg .,s - By g N" Slate of Cdaado,do haehy catily that this FIRST AMENDED PUT,LOT 11, to in the title nsuranos policy refar-tea above. _ ----------- p p BLOCK G.THE MOORE FAMILY P.U.D.,A PUNNED COMMUNITY is a We,-t and complete pot as lane ouL polled,dedicated and shown hee°n,that web + / i� 11= made ham on accurate survey of said Lot 11,by me a under my 01� .� / ':'----_ ,� ,e+`.qy direct supervision,and correctly snows the location and dimensions of Lot 11 (1, ^ /- rJ C� {17 along with the location and dimensions of the amended building-Mope and w _ amended activity a Mope S•EN --__-_- -_ S? .� -_ In vi.-.-ermf.I how set my hand and sod 6 M 26th arch,101 David A.Cooper Colo.Reg.P.LS.f 29030 ` _-- For,and on behaB of a`.. / �'o W "err a. \ 3V �( GO A( LAND J F 3�O .P6'J ✓o-AN,yy c'1 \ Notices m carorodo m.,you,moor commence �� Lot 1 1, Block G # Revision Dale By lob No. 2006443.002 11 any 7M0/action dosed upon any de/r in this eu y.Rhin three rears after you n,st dscotr Drawn by: d« ,ucn deflect nor,tot may a y,�a,a<t;an Moore Fermi P.U.D, , Amended Plat Dare 3/26/14 g 11 West 51x117 Street,Suite 200 R bomm 1Z anyy thou,;n Hxe Aspen CO e ace m rnon ran years r m me dare Glenwood Springs,CO 81601 a A�'r°red: � d or thou nrria'eorian:noon hereon. 970.945.1004 www.sgrlrinc.com f 5 File wmreakc eea,xkr / notes NO DISTURBANCE --- - ♦Z 1.All plants are native and/or hardy to the FfveTrees dknate,elevation and location and -Shrubs:minimum five(5)gallon containers.For rock wall plantings and perennials, WITHIN TREE DRIPLIf:E complies with the FiveTrees Design Neighborhood Plant List Apper4or H. one(1)gagon and 4'containers may be appropriate. __---fin / 2.Plant Material Is to be healthy specimens free from disease or damage. 13.The use of larger specimen trees is required In the Immediate vklnity of proposed / 3.Contractor to provide matching sizes and forms for each tree to be Insta Eed. buCdings. 4.Contractor Is to verity all quantities;to use of any discrepancies,graphkary down 14.Site disturbance shall be limited to nfthln the building envelope,activity envelope plant and Irrigation quantities shall take precedence. and driveway access. df- 5.All materials used shag conform to the guklegnes established by the current American 15.Stockp3ed plant material to be placed in the shade and hand-watered until planted. °a a - �~- - standards for nursery stock,published by the American Association of Nurserymen. 16,Mulching should be repeated annuaQ,during the autumn to a 2•depth. / ° ____ - -- - 8344 �' 6.Irrigation shall be suppled to all pre-construction plantings and pre-construction 17,Do not dace mulch niWn 6'of tree trunks. v re vegetation. Tiese systems may be abandoned When plantings are web established 18.Mini-nugget type decorative Dark mulch nLl be used to return nutrients to the soil p, 0 (ter a minimum of two growing seasons. reduce maintenance and Mnbnlze evaporation for areas pro.Mate to the residence. 10 B3 / 1.A4 vegetation proposed for outside the budding envelope to be native unless larger shredded bark mukh nil be used for steep areas so sloughing is less likely to JO EXISTING TREE(S)TO REMAIN noted. occur. 8.Planting that occurs outside the budding envelope Is for restoration purposes only or 19.Steep slopes nill be stabifized rich plant material and mulch.Steep slopes to be STURDY PROTECTION FENCING TO BE `-�- Is specific to utilities restoration. planted with native grass mix and stabilized using a hydro-seed application.AN ocher PROVIDED AND MAINTAINEO AT TREE DRIP __ _ 9.Stake all tree locations based on these plans, necessary stabl'tzation methods to be Identified by the contractor. LINE _ - / - __ 10.Obtain Landscape chitect a ° pe pproval of staked focat1�n prior to planting, 20.All nervy re-graded slopes w81 lot re-vegetated In the fo9on Mg manner: � ]ice 11.AR root wrapping material made of synthetics or plastics shag be removed at time of Hydroseeded areas shall be mulched,as a separate process,nith straw at a rate of 1.5 a EXISTING GRADE TO REMAIN planting.All plants and stakes shall be set plumb unless otherwise noted. tons/acre.Straw shall be appred In a uniform manner using standard straw blooing .. ` C,*05'� ( 12.New tree or shrub planting must meet or exceed the folloaing size requirements: equipment.Areas not accessib;e shall be mulched by hand.Mulched areas,not covered - N 1•••'•• -Deciduous trees:30-60%two(2)Nd,caliper:30-60'.'a three(3)Inch caliper. by an erosion control blanket shag be secured by an approved tackfSer. a _ !° '•:•r%'•••�• 1cz, -Evergreen trees:30-6095 minimum sGteen(iJ)loot height;30.60iS minknum twenty 21.Seed mbtures and fertilizer snag be appCed by hydro seeding them as an aqueous � • �!•:'•:; (16)foot height. ",lure.Nathe seed MIX as Identified on sheet L301, � � �I I( �1�g��• '• 22.All plant material should receive root stimulator and an organic fertilizer In limited o __Z___ _� / _ _ sJ'` ••';a rp• `-`••�•• appkatlon folWning installation. NOTE: 350- - - �t3 � ., >'.. �S:;.-- a 1. ADDITIONAL PROTECTION OUTSIDE AT TREE DRIP LINE MAY BE REQUIRED(EX.12 IN.OF MULCH). hkr, •`+:•s - _ \ v,y - ``---v ♦ ♦ q - 2. FENCE MAY BE CONTINUOUS TO PROTECT MULTIPLE TREES --�` �'' ••!�•'.• '•:; :sS.•• ;...r•'r'�� �- �_ _ V 3. MANlTAIN FENCE THROUGHOUT CONSTRUCTION. - - - �••,••. -_ 4. REFER TO LOCAL,STATE AND FEDERAL MSDICTIONS AND p�j _ - �.` ••. "'�i •.•:;_• •.t' l� �f GOVERNING BODIES/AGENCIES FOR ADDMONAL REQUIREHENIS. tJ\ A(-.•yyr�.� •^ ':` OF D �' �� 1 z T —�'•3 TREE PROTECTION FENCE PDGnEi � '4i ;. 4 �' •'. �i .•; r t'._. f ''r .1 _ - n n SCALE: 1/4.,=1'-0" _ , 8 Py �t - :; :;r:. t .,..� .,:• s L ,= t , , -_g34sS ; o \� / - ��!/`++ ��cc .•r. ° .t..•• � z•�tit+.�-�.FDj,' •,.4•, •t ;3� �H�/t i`�ry'�r _y.f r z /___ 3: u - - — - ----- � .T• .,_.;•:,•.•`�Y,•:';;• _ •''1":':'.'* '.,' •�, ;Sryi_ ',w•r=.• -'-�-=o_�' r t=,. ., �,,�� - -_g-350�-- POOL TFJtPACE., �' - - - - _ _ BXB SPA 3� ZIPPER CQ --- I`a• e(t r r r r r_v T r� i�: •:•• TERRACE HAht TE E IT-- - l/ _ f _ - _ -- - '11A !•nit "` _ --- i , r+ r , 6�_ �,f "-r / / t :.S!:Ii• ,: 'a: `.. I �� _ - � r1ri-r rr.r '.r r,r�r. ^' ((10�/ I ` �;l'tiS-F. ? :�.. •J« ,i:: ::f':.' - ( _ -- \ - I I /i( 'i r r'/r r' 'r r! $3� W NOTEs R+ i fV o GRADING AND DRAINAGE BY - \ ) •7 v!'r f{ 8 _ r � SGM; EA SE REFER 70 \ - ORIYEWA `� 4•J SHEE TS C1 B C2 FOR MORE INFORMATION LEGEND ) / SYMBOL COM40N NAME SIZE QUANTITY SPACING \`r]/ .�` - - •- - TREES ,tY"'•..4FFJ77�LY3/I{{?Jit �\\ `\- - \•, .i - J �-,�/ - !••' •{'/C,'/j/ PP DOUGLAS FIR PSEUDOTSUGA HENZIESII 16' 2 PER PWI `\ `` \•l• • 'i Y•/V.:�•/ cd/ wn ion 18' 2 PER RMi Iandscape pla n C S O Pt ASPEN POPULUS TREMULOIDES 3'CAL 17 PER PWI \ :- - s, _i _ r,• jc+sl/ data 1 Issue _ 5•UAL 1I PER PLAN `` \ ' r � � 1 •�f:'' ;J s" / / -a♦ '`� ;D/31/2013 drb rcv /•' 3„ ,/ V` U06/2D13 drb conceptual ��` \ .•- .iy ;.%• sC;• ))):{ s 12/19!2013 drb con rev OCRs Pt ENGELMA71 SPRUCE PICEA ENGELMA:N11 16' 1 PER PLAN '�•• ti• • •: / O1 03/1&2014 drb Mal rev � '� d \ - ! .,ice- ..r• .� V' '.•:: '. `• / k., SHPLUBS `�, •�1� �iJ _ C58 RED-TWIG DOGWOOD co1L E SyOlo:1LFERA s15 95 PER PLAN Y ,i y:; :''F':J;:/•, / \ O PP APEA4I11ALJGROU::DCOVFA PLANTING t •/ , - I srdl? •IS 32 PER PLAN �- ARFA ••••,•• '.1:;•/:,'Y:;•' O \, r_s� AaR REGENT SEAVICEBERRY AMEWICHIER AUIIFOl1A + •'':� ''• '`• 'REGENT' 7917sf •,•••, :•;, r , 0 5 10 6'B6B/ 15 PER PWI NR SEED MIX FOR RATtVE REVEG£TATION / P •••,• .' ryy ••• ••• v' k�y Q9 GAMBEL OAK QVERNSGAKBEUI H(JLDOYf '•.', •1 :, •••.;�� 4'CAL- \ ���555 \ ••v.• ••� /::•'.•. ] ) Pm M,000 PINE PIfA15 M.UGO 6'B88/ 36 PER PWI NR PLUG SEED MIX FOR NATIVE REVEGETATIOY 1401 sf \ ••,•�,• •• ; ,'!' •%fir f north 4'CAL- MEADOW Dc TUFTED HAIR GRASS DESCHAMPSIA CESPITOSA s1 15 PER PIlUI lrrri 2,782# �\ \ \ \ �,'•• ••' •�a'�•_- - '•/ PCS SEED MIX FOR ASPEN FOREST \ Qr 27 Fa gRIZO.'WFESCUE FESTUCAARIZONICA sl Ili PER PLAN PP LO1'IYVATERSOD 7883f �] �.`` I '.. / / r•' �'•,` PRELIMINARY L3OO -NOT FOR CONSTRUCTION oo►ct; .2-°11+ Ac-►-u - RFCEIVED 1 ?Q14 ATTACHMENT 2—LAND USE APPLICATION C' PROJECT: ULIVEL Name: R v S Location: Moors, Dei,re A_e en Colo,ada S14oll Indicate street address,lot&block.number,le al description where appropriate) Parcel ID#(REQUIRED) APPLICANT: Name: ken ;Ile( $83 Mau ire L L C. Address: 1 3Z5 S;ewo_ i s Dfigr_ .' PJr1Re__'nA C.010'(Ojo Ekoll Phone#: 10- 593 -010 REPRESENTATIVE: !'+ame: o-An 4' (4 k n Address: Z 40 i n5 o c-4 (o'd 0 BI C*I� Phone#: q 74. 5 yq -9 o04, TYPE or APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use ❑ GMQS Allotment Final PUD(&PUD Amendment) ❑ Text/Map Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA ❑ ESA--8040 Greenline,Stream ❑ Subdivision Exemption(includes ❑ Final SPA(&SPA Margin,Hallam bake Bluff, condominiumization) Amendment) Mountain View Plane ❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/ Expansion ❑ Residential Design Variance ❑ Lot Line Adjustment C5 Other: AmeA i EJ Conditional Use A'ne�nd 81d . Envelope EXISTING CONDITIONS: (description of existin&buildin s,uses,previous approvals,etc.) � rr PROPOSAL: (description of prop2sed buildings,uses,modifications,etc.) tt � 77 o n e6h,b ,5 6�` d t`� !o e.. e 5► e & {/ �tt t n evty e. t5 va o Have you attached the following? FEES DUE: $ [Xj Pre-Application Conference Summary C Attachment it1,Signed Fee Agreement Response to Attachment#3.Dimensional Requirements Form Response to Attachment#4,Submittal Requirements- Including Written Responses to Review Standards ❑ 3-D Model for large project WA All plans that are larger than 8.5"X 11"must be folded. A disk with an electric copy of all written text (Microsoft Word Format)must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. Faspen 234 a hopkins ave,aspen co 81611 + t 970 544 9006 denver 1830 blake st,ste 200,denver co 80202 + t 303 308 1373 visit www.rowlandbroughton.com rowland+broughton architecture/urban design/intenor design 18 March 2014 Sara Adams Senior Planner, Community Development City Hall 130 S. Galena Street Aspen, CO 81611 PROJECT. Lot 11 —Five Trees .V PERMIT. TBD �V!.? 8 2014 SUBJECT. Building Envelope Adjustment CC: Dear Sara, This letter serves as authorization for Rowland+Broughton to submit a land use application for a Building Envelope Adjustment, for the administrative review of a single family residence located at 883 Moore Drive, Aspen. All required submissions for this application are contained within this package. If you have any Atille authorization please do not hesitate to contact us. C 917-593-8767 Page 1 of 1 VICINITY MAP (N.T.S.) ky?,�._ F•e� .'t k—mu vj-D, Zg Q'"eliry R 4 �. 1,4 y a 1 BowMe s On 1F./ Resort bu�uatlDV , •yr Y. w r . / Cox Iry Cmtel - CemeltlY of HurvinW � y ape n /Y~" • Psepeke, oab e: `0jr.,, � �J $Audiloliuna- w+r,� rnrvynM,wsy __ Qs ) y x _ - G'1*p*aye _ p. Wrypn h P¢arl Cl 51 3 _ a T� ipruCC S: mp1V(rsl �'M pnM Yne S• �Y �+ ` r ei r n = y C`baan ab �y.9 xP+d tf M.aman CrNR Pd ? 2 = qp, ' Prmke Park pryw roSr e _ �� � M .• i Leon new ss F`°°`V � �Q°'4v • r3' y rR` E�P418 qe L.. - J9�•� rahn qq Zc•t 0 �� Mc A9peb F CDDPeT Avf 1 j ' �� , Srwwnw•s �, �y6 .gQQS J l m /n ASpe ,w,: 11 Ewnte,, 3 Fl5N , �e Gam w _4 loT t Aq—Highlmd• - \ inkW`H`I a R Cjy, aT I04 AA01MI•i.l Ladpe �•,-mot eU/ly - cv €p \ r8 Y Guw o 1 883 MOORE DRIVE ASPEN, CO 81611 002:,__ 0l*- A& COMMUNITY DEVELOPMENT 1 . • Agreement to Pay Application Fees RECEIVE Anagreement between the City of Aspen ("City") and , Property 883 Moore LLC Phone No.:970-429-4073 MAR 2 8 2t Owner ("I"): Email: kstiller @msn.com CITY OF ASf,tN Address of Lot 11, Five Trees/Moore Family Billing 1325 sierra vista drive MENI Property:of PUD Address: aspen co 81611 (subject (send bills here) 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 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 $0 flat fee for Select Dept $ 0 flat fee for Select Dept $ 0 flat fee for 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. I 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 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 billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $ 1 ,300 deposit for 4 hours of Com y Development Department staff time. Additional time above the deposit amount will be t t tir $ 265 deposit for 1 hours of Ec ring Department staff time. Additional time above the deposit amount will be billed at$265 per hourMAR 2 R City of Aspen: CITY OF ASPEN Property Owner: Cmm11NITY OEVEIOPME, Chris Bendon kenneth r stiller Community Development Director Name: City use: 1565 Title: 883 moore Ilc manager Fees Due: $ Received: $ 2013 City of Aspen 1130 • 1 920-50 COMMUNITY • ' DEPARTMENT Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attorney representing the property owner. Property Name: &0 S f(ac"e.Dr L.L(. Vd., :5,{-i u_ - Owner CT').- Email: Phone No.: k5iiC&re wg.tom Address of L�t-ft Ma,re faMncji, QED Property: (subject of gb3 Hmm IT' application) -�`��^•� $!fall I certify as follows: (pick one) ❑ This property is not subject to a homeowners association or other form of private covenant. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. Evidence of approval is attached. I understand this policy and 1 understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect o private covenants or homeowner association rules or bylaws. I understand that this document i blic document. Owner signature: date: Owner printed name: Ks itj S�"ll�.h C�p,7, ��3 r�dbnti' ZLL1 or, Attorney signature: date: �►ECEIVED Attorney printed name: *[ 9 2014 (;i I-Y OF ASPEN 00MMUIITY DIMLOWNT October, 2013 City of Aspen 1 130 S. Galena St. 1 (970)920-5090 F I V E T E E S DESIGN REVIEW BOARD Jim Stark, President David Parker,Vice President Tanja Wojcik Eve Whiston Bruce Etkin Gary Beach,Manager March 11, 2014 Ken Stiller CC: Sara Upton 1325 Sierra Vista Dr. Rowland+Broughton Architecture Aspen, CO 81611 supton @rowlandbroughton.com kstiller @msn.com Re: Approval for Building Envelope Adjustment, Block G, Lot 11 Dear Mr. Stiller, Thank you for your patience during the review process regarding your request to adjust the Building Envelope of Block G, Lot 11. The DRB has approved the proposed shift of the building envelope from the north side of the site to the southeast side of the site, in order to accommodate for grading and landscape. The approval is subject to the condition that you install fencing on the lower (southeast) part of the envelope boundary and limit of disturbance to ensure your compliance with the approved envelope adjustment. Final approval will be contingent upon written consent from the City that they approve the building envelope adjustment. Should you have any questions or need additional information, please feel free to give me a call. Sincerely, Kelly D6charme Association Administrator FTMD/DRB/2014/Stiller/0209 Lot I I Stiller BE approval 3.11.14 ATTORNEYS TITLE INSURANCE AGENCY OF ASPEN, LLC 715 WEST MAIN STREET, SUITE 202 ASPEN, COLORADO 8161 1 OWNERSHIP& ENCUMBRANCE REPORT This report is based on a search made of documents affecting the record title to the property described hereinafter, searched by legal description and by the names of the grantor or grantee. Consequently, the information as to record owner is taken from the most recent recorded Vesting Deed, and the information as to existing encumbrances reflects those documents of record which specifically described the subject property by legal description or which refer to the owner of the property which are filed by name only and do not include the legal description of the property. No information is furnished relative to easements, covenants, conditions and restrictions. This report does include the results of a search under the names of the property owner(s) in the general index. Liability of Attorneys Title Insurance Agency of Aspen, LLC under this Ownership and Encumbrance Report is limited to the fee received. Effective Date: April 7, 2014 Property Address: 883 Moore Drive,Aspen, CO 81611 Schedule No: R016775 Parcel No: 273514111111 Taxes: Total taxes for the year 2013,have been paid in full in the amount of. $24,659.88. Taxes for the year 2014, are not yet due or payable. Legal Description: Lot 11,Block G, THE MOORE FAMILY PUD,A PLANNED COMMUNITY, according to the Plat thereof recorded August 10, 1998 in Plat Book 45 at Page 81,Pitkin County, Colorado. Record Owner: 883 Moore LLC, a Colorado limited liability company The following liens were found affecting subject property: Deed of Trust from 883 Moore LLC, a Colorado limited liability company,to the Public Trustee of Pitkin County for the benefit of Alpine Bank Aspen,to secure an indebtedness in the principal sum of $900,000.00, dated July 2, 2013, and recorded July 2, 2013, as Reception No. 600866. Atto el Title Insurance Agency of Aspen, LLC By: Uier Van tine, Authorized AgenfJ TELEPHONE(970)925.7328 • A A FACSIMILE(970) 925-7348 ATTORNEYS TITLE INSURANCE AGENCY OF ASPEN, LLC 715 WEST MAIN STREET, SUITE 202 ASPEN, COLORADO 8161 1 INVOICE Invoice#: 14040.1 Invoice Date: April 9,2014 To: From: Kenneth R. Stiller Attorneys Title Insurance Agency of Aspen,LLC 1325 Sierra Vista Drive 715 West Main Street, Suite 202 Aspen, Colorado 81611 Aspen, CO 81611 kstiller@msn.com 970-925-7328 Ownership and Encumbrance Report $100.00 1 $100.00 883 Moore Drive,Aspen, Colorado Subtotal $100.00 Tax @ % $0.00 Non Taxable $0.00 Amt. Grand Total $100.00 Please Remit To: Attorneys Title Insurance Agency of Aspen,LLC 715 West Main Street, Suite 202 Aspen, CO 81611 970-925-7328 Thank you! TELEPHONE(970)925-7328 A I& • FACSIMILE(970) 925-7348 RECEPTION#: 600864, 07/02/2013 at 03:54:59 PM, 1 OF 1, R $11.1 -JF $0.00 Doc Code AUTH STATEMENT OF AUTHORITY Janice K.Vos Caudill, Pitkin County, CO 1. This Statement of Authority is for the entity named: 883 MOORE LLC. 2. 883 MOORE LLC, is a Colorado limited liability company. 3. The current mailing address for 883 MOORE LLC, is: 1325 Sierra Vista Drive,Aspen, Colorado 81611. 4. Kenneth R. Stiller is authorized by 883 MOORE LLC,without limitation,to execute instruments necessary to acquire, encumber or otherwise affecting title to certain real property to be purchased by it in Pitkin County, Colorado,to wit: Lot 11, Block G,THE MOORE FAMILY PUD,A PLANNED COMMUNITY, according to the Plat thereof recorded August io, 1998 in Plat Book 45 at Page 81 5. This Statement of Authority is executed and delivered pursuant to C.R.S. §38-30-172 by the undersigned on behalf of: 883 MOORE LLC. 6. This Statement of Authority amends,supercedes and replaces in all respects any prior Statement of Authority given by 883 MOORE LLC. 7. The undersigned intends and understands that the representations contained in this Statement of Authority will be relied upon by third-parties, expressly including but not limited to Attorneys Title Insurance Agency of Aspen, LLC, relating to the purchase of the above described real property. t 883 MOO a Colorado company Ke eth R Stiller, auger State of Colorado ) ' W ss. m County of Pitkin ) Q The foregoing Statement of Authority was executed and acknowledged before me this day of 2013,by Kenneth R. Stiller, Manager of 883 Moore LLC, a Colorado limited liability company. Witness my hand and o 'al eal. ffic My commission expires �pJ�� b tary Public NICOL EBBY Notary Public State of Colorado My Commission Expires February 06,2016 RECEPTIONM 600865,07/02/2013 at 03:55:00 PM, 1 OF 5, R $31.00 DF $180.00 Doc Code WD Janice K.Vos Caudill, Pitkin County, CO WARRANTY DEED THIS DEED is dated 2013, is granted and made by and between LOt7 u FIE TREES, LLC, a Colorado limited liability company(the "Grantor") and 883 MOORE LLC, a Colorado limited liability company,whose mailing address is:1325 Sierra Vista Drive, Aspen,Colorado 81611(the"Grantee"). WITNESS,that the Grantor,for and in consideration of the sum of One Million,Eight-Hundred Thousand and oo/too U.S.Dollars($1,800,000.0o)and other good andvaluable consideration,the receipt and sufficiency of which is hereby acknowledged,hereby grants,bargains,sells,conveys and confirms unto the Grantee and the Grantee's successors and assigns forever, all the real property, Q together with any improvements thereon,located in Pitkin County,Colorado,described as: Lot 11,Block G,THE MOORE FAMILY PUD,A PLANNED COMMUN=, according to the Plat thereof recorded August io,1998 in Plat Book 45 at Page 81; Also known as; 883 Moore Drive,Aspen,Colorado 81611. 0 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging,or in anywise appertaining,the reversions,remainders,rents,issues and profits thereof,and all the estate,rights,titles, interests,claims and demands whatsoever of the 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 the Grantee and the Grantee's successors and assigns forever. The Grantor,for itself and for its successors and assigns,covenants,grants,bargains, and agrees to and with the Grantee,and the Grantee's successors and assigns that at the time of the ensealing and delivery of these presents,the Grantor is well seized of the premises above conveyed;has good,sure,perfect,absolute and indefeasible estate of inheritance,in law and in fee simple; and has good right,full power and lawful authority to grant,bargain,sell and convey the same in manner and form as aforesaid; and that the same are free and clear from all former and other grants,bargains,sales,liens,taxes,assessments,encumbrances and restrictions of whatever kind or nature soever,except taxes for 2013,not yet due and payable,and those exceptions attached as ES.HIBIT A. I And the Grantor shall and will WARRANT AND FOREVER DEFEND the above described premises,in the quiet and peaceable possession of the Grantee and its successors and assigns of the Grantee,against all and every person or persons claiming the whole or any part thereof. CITY OF Aspai W"ETT PAID DATE PAfO l .T_ /r l { f WARRANTY DEED 883 Moore Drive i Aspen,Pitldn County,Colorado Lot ii Five Trees,LLC to: 883 Moore LLC IN WITNESS WHEREOF,the Grantor has executed this deed on the date set forth above. I I O ii ES,LLC, a C ra ted 'ability company e er State of eokwaft ) .:wA )ss. County o€+itm r ) The foregoing Warranty Deed was executed and acknowledged before me this 2'4 day of -Tu-,L'_ 2023,byArie B.Zoller,Manager of Lot u Five Trees,LLC,a Colorado limited liability company. Witness my hand and official seal., y // My commission expires: Notary Public OFFICIAL SEAL PETER 7 WALL No"Publk-ftft of MYnab My ConaOWN Expim Doe 11.2016 I Page 2 of 2 EXHIBIT A 1, Right of the proprietor of a vein or lode to extract and remove his are therefrom,should the same be found to intersect the premises hereby granted,as reserved in the United States Patent dated April 17,:L889, and recorded May 7,i89o,in Book 55 at Page 9,as Reception No. 036127. 2. Right of the proprietor of a vein or lode to extract and remove his are therefrom,should the same be found to intersect the premises hereby granted,as reserved in the United States Patent dated October 24,1831,and recorded January ig,1892,in Book 55 at Page 2o,as Reception No. 0$5510. 3. Right of the proprietor of a vein or lode to extract and remove his are therefrom,should the same be found to intersect the premises hereby granted,as reserved in the United States Patent dated June 29,18g1,and recorded November 29,1892,in Book 55 at Page 34,as Reception No.050131. 4, Right of the proprietor of a vein or lode to extract and remove his are therefrom,should the same be found to intersect the premises hereby granted as reserved in the United States Patent dated Apn13,x896,and recorded August 26,1911,in Book 55 at Page 191,as Reception No, o74888, 5. Terms,conditions,provisions,agreements and obligations specified under the Resolution of the Board of County Commissioners of FWdn County,Colorado,Regarding the Disposition of the Moore Subdivision Application that is in Process When The Revised Growth Management Regulations of The Pitkin County Land Use Code Are Adopted(Resolution No. 95-9)dated January 10,1995,and recorded February 15,1995,in Book 174 at Page 5o,as Reception No. 379002,and re-recorded March 16,1995,in Book 716 at Page 416,as Reception No.379776. 6. Terms,conditions,provisions,agreements and obligations specified under the Resolution of the Board of County Commissioners of PhIdn County,Colorado,Awarding the 1994 Metro Residential Growth Management Allocations(Resolution No. 95-113)dated September 27,1995, and recorded October 27,1995,in Book 797 at Page 922,as Reception No. 386826. 7 Terms,conditions,provisions,agreements and obligations specified under the Resolution of the Board of County Commissioners of Pitldn County,Colorado Granting General Submission I Planned Unit Development,Special Review and io4i Environmental Hazard Review Approvals, and Awarding the 1993 Metro Residential Growth Management Allotments for the James E. Moore Family PUD Project Located Adjacent to the Aspen Public School Campus(Resolution No. 95-30)dated February 28,199,5,and recorded November 9,1995,in Book 799 at Page 15o,as Reception No.387186,and re-recorded October 25,1996,as Reception No.398334• 8. Terms,conditions,provisions.agreements and obligations specified under the Resolution of the Board of County Commissioners of Pit]dn County,Colorado Granting Detailed Submission, Planned Unit Development,Subdivision,Special Review Ridgeline Review,Growth Management Quota System Exemption,and 1041 Environmental Hazard Review Approvals for the James E. Moore Family Partnership Project Located Adjacent to The Aspen Public School Campus (Resolution No.97-75)dated April 2,1997,and recorded May 8,1997,as Reception No.404234 I i 9. Terms,conditions,provisions,agreements and obligations specified under the Ordinance of the Board of County Commissioners of Pitkin County,Colorado Granting Approval of the Rezoning from AFR-2 and AFR-10 to AFR-1 for Portions of the Moore Property Located Adjacent to the Aspen Public School Campus and Amending the Official County Zoning Maps Accordingly (Ordinance No. 97-13)dated April 2,1997,and recorded June 1o,1997,as Reception No.4o5216. 10. Terms,conditions,provisions,agreements and obligations specified under the Resolution of the Board of County Commissioners of Pitkut County,Colorado Granting Final Plat Approval for the James E.Moore Family Partnership PUD Subdivision(Resolution No.98-57)dated February 1i,1998,and recorded April 7,1998,as Reception No.415352• 11. Any and all notes,easements and recitals as disclosed on the recorded Moore Family Planned Unit Development,a Planned Community Plat dated July 31,1998,and recorded August io,1998,in Plat Book 45 at Page 81,as Reception No.420465. 12. Terms,conditions,provisions,agreements and obligations specified under the Master Declaration of Covenants,Conditions and Restrictions for Moore Family PUD,a Planned Community,Pitkin County,Colorado,recorded August io,1998,as Reception.No.42o466. 13. Terms,conditions,provisions,agreements and obligations specified under the Moore Family Planned Unit Development Guide datedAugust 4,1998,and recorded August 1o,1998,as Reception No.420467. 14. Terms,conditions,provisions,agreements and obligations specified under the Subdivision Improvements Agreement for Moore Family PUD,a Planned Community dated August 4,:L998,and recorded August to,1998,as Reception No.420468. 15. Terms,conditions,provisions,agreements and obligations specified under the Ordinance No,2o,An Ordinance of the City Council of the City ofAspen,Colorado.Authorizing and Approving an Agreement for the Extraterritorial Extension and Delivery of Municipal Water Services to the James E.Moore Family Partnership LLLP(Series of 1997)dated June 9,1997, and recorded August 11,1998,as Reception No.420479. 16. Terms,conditions,provisions,agreements and obligations specified under the Resolution No.40(Series of 1998)A Resolution of the City Council of the City of Aspen,Colorado, Authorizing Execution of the"Agreement for Water Service Agreement"Relating to the Extension of Water Service to the James E.Moore Family Partnership LLLP Property dated May 11,1998,and recorded August ii,1998,as Reception No.42o480. 17. Terms,conditions,provisions,agreements and obligations specified under the Easement Agreement dated August 1o,1998,and recorded August n,1998,as Reception No.420477. 18. Terms,conditions,provisions,agreements and obligations specified under the City of Aspen Easement Agreement dated August 10,1998,and recorded August 11,1998,as Reception No.420478. 19. Terms,conditions,provisions,agreements and obligations specified under the Ordinance No,2o,An Ordinance of the City Council of the City of Aspen,Colorado.Authorizing and Approving an Agreement for the Extraterritorial Extension and Delivery of Municipal Water Services to the James E. Moore Family Partnership LLLP(Series of 1997)dated June 9,1997, and recorded August ii, :L998,as Reception No.420479 i i 20. Terms,conditions,provisions,agreements and obligations specified under the City of Aspen Water Service Agreement(New Development)dated August 1o,1998,and recorded August 11.1998,as Reception No.420481,and City of Aspen First Addendum to Water Service 1 Agreement dated August 1o,1998,and recorded August 11,1998,as Reception No, 420482. J 21. Terms,conditions,provisions,agreements and obligations specified under the City of Aspen R2w Water Agreement dated August 1o.1998,and recorded August x1,1998,as Reception No.420485. 22. Terms,conditions,provisions,agreements and obligations specified under the City of Aspen Pretapping Agreement(Property Located Outside City Limits)dated August 1o,1998,and recorded August 11,1998,as Reception No.420486. 23. Terms,conditions,provisions,.agreements and obligations specified under the Collection System Agreement dated August 4,1998,and recorded August 11,1998,as Reception No. 420487, 24. Terms,conditions,provisions,agreements and obligations specified under the Aspen Consolidated Sanitation District Preconnection Agreement dated August 1o,1998,and recorded August 11,1998,as Reception No.42o488. 25. Terms,conditions,provisions,agreements and obligations specified under the Designation of Successor and Assign dated August 1o,1998,and recordedAugust u,1998,as Reception No.420552. 26. Terms,conditions,provisions,agreements and obligations specified under the Trench, Conduit and Vault Agreement dated December 29,.1998,and recorded January 11,1999,as Reception No.42642o. 27. Reservation of all mineral rights as set forth in the Warranty Deed dated July 9,1999,and recorded July 12,1999,as Reception No.433233• 28. Terms,conditions,provisions,agreements and obligations specified under the Agreement dated January 26,1999,and recorded February 8,1ggg,as Reception No.427473,and Sid Life and Ski Trail Use Agreement dated January 26,1999,and recorded February 8,1.999,as Reception No.427474,and Ski Life and Ski Trail Use Agreement dated December 7,1998,and recorded February 8,1999,as Reception No.427475,and Sid Lift and Ski Trail Use Agreement dated November 20,1998, and recorded February 8,1999,as Reception No.427476,and Sid Life and Ski Trail Use Agreement dated January 26,1999,and recorded February 8,1999,as Reception No.427477. 29. Terms,conditions,provisions,agreements and obligations specified under An Ordinance j of the City Council of the City of Aspen,Colorado,Approving the Annexation of Certain Territory to the City of Aspen,Colorado,to be Known and Designated as the"Moore Family PUD" Annexation(Ordinance No.24-Series of 1999)dated June 14,1999,and recorded July x4,1999, as Reception No.433361. f 30. Any and all notes,easements and recitals as disclosed on the recorded Moore No.1 Annexation Plat recorded July 14,1999,in Plat Book 5o at Page 44,as Reception No.433362. I I V M4R282014 A A A G I I Y it Abi-,L,N EN" �,ft�TY DIVELOPM Attorneys Title Insurance Agency of Aspen, LLC 715 West Main Street, Suite 305 Aspen, Colorado 81611 August 1, 2013 883 Moore LLC c/o genshaft cramer Up Attn: Ben Genshaft 420 East Main Street, Suite 200 Aspen, Colorado 81611 G1 i Y Of- ASPEN ,, . INATY DEVELOPMENT - Re: 883 Moore Drive, Aspen, Colorado 81611. C101 Dear Sirs: We are pleased to deliver the Owner's Title Insurance Policy issued for 883 Moore Drive. This policy is a valuable document and should be kept in a secure place. It protects the insured from a variety of title risks. The policy can even protect the insured after they no longer have an interest in the property. We have reviewed the policy for completeness and accuracy. However, you should also review the policy and ensure that all the information is correct. Contact us in the event that any error or omission is found so that we can correct the policy. Thank you very much for giving Attorneys Title Insurance Agency of Aspen, LLC, the opportunity to be of service. I look forward to working with you in the future. Sincerely, Attorneys Title Insurance Agency of Aspen, LLC By: Winter Van Alstine Telephone (970)925-7328 A AL A Facsimile (970) 925-7348 Owner's Policy of Title Insurance ISSUED BY First American Title Insurance Company POLICY NUMBER Owner's Policy 5011408-0009061 e Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE,THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE 6,AND THE CONDITIONS,FIRST AMERICAN TITLE INSURANCE COMPANY,a California corporation(the"Company")insures,as of Date of Policy and,to the extent stated in Covered Risks 9 and 10,after Date of Policy,against loss or damage,not exceeding the Amount of Insurance,sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery,fraud,undue influence,duress,incompetency,incapacity,or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created,executed,witnessed,sealed,acknowledged,notarized,or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified,expired,or otherwise invalid power of attorney; (vi) a document not properly filed,recorded,or indexed in the Public Records including failure to perform those acts by electronic means authorized by law;or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable,but unpaid. (c) Any encroachment,encumbrance,violation,variation,or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term"encroachment"includes encroachments of existing improvements located on the Land onto adjoining land,and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title, 4. No right of access to and from the Land. (Covered Risks Continued on Page 2) In Witness Whereof,First American Title Insurance Company has caused its corporate name to be hereunto affixed by its authorized officers as of Date of Policy shown in Schedule A. First American Title Insurance Company For Reference: / File#: 13003099 _ :��.�\tt.E ►�+sG�9,,t /� Loan #: 02609 0260959701 t, Lam" Oq� , Dennis J.Gilmore Issued BY: 'Co: '� President Attorney's Title Insurance Agency of Aspen, LLC SEPTEMBER 24, oti 1906 715 West Main Street, Suite 305 y*' ...•..• ' *��_ Aspen, CO 81611 Timothy Kemp Secretary (This Policy is valid only when Schedules A and B are attached) This Jacket was created electronically and constitutes an original document ANTIFRAUD STATEMENT:Pursuant to CRS 10.1.128(6)(a),It is unlawful to knowingly provide false,incomplete,or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company.Penalties may include imprisonment,fines,denial of insurance and civil damages,Any insurance company or agent of an insurance company who knowingly provides false,incomplete,or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies. This anti-fraud statement is affixed to and made a part of this policy. Copyright 2006.2009 American Land Title Association.All rights reserved.The use of this form is restricted to ALTA licensees and ALTA members in good standing as of the dale of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 5011408(11-1-10) Page 1 of 5 ALTA Owners Policy of Title Insurance(6-17-06) Colorado Policy#: 5011408-0009061e COVERED RISKS(Continued) 5. The violation or enforcement of any law,ordinance,permit,or governmental regulation(including those relating to building and zoning) restricting,regulating,prohibiting,or relating to (a) the occupancy,use,or enjoyment of the Land; (b) the character,dimensions,or location of any improvement erected on the Land; (c) the subdivision of land;or (d) environmental protection if a notice,describing any part of the Land,is recorded in the Public Records setting forth the violation or intention to enforce,but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action,describing any part of the Land,is recorded in the Public Records,but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise,describing any part of the Land,is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part,or from a court order providing an alternative remedy,of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy,state insolvency,or similar creditors'rights laws;or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency,or similar creditors'rights laws by reason of the failure of its recording in the Public Records (i) to be timely,or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs,attorneys'fees,and expenses incurred in defense of any matter insured against by this Policy,but only to the extent provided in the Conditions. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this Records at Date of Policy,but Known to the Insured policy,and the Company will not pay loss or damage,costs,attorneys' Claimant and not disclosed in writing to the Company by the fees,or expenses that arise by reason of: Insured Claimant prior to the date the Insured Claimant 1. (a) Any law,ordinance,permit,or governmental regulation became an Insured under this policy. (including those relating to building and zoning)restricting, (c) resulting in no loss or damage to the Insured Claimant; regulating,prohibiting,or relating to (d) attaching or created subsequent to Date of Policy(however, (i) the occupancy,use,or enjoyment of the Land; this does not modify or limit the coverage provided under (ii) the character,dimensions,or location of any improvement Covered Risk 9 and 10);or erected on the Land; (e) resulting in loss or damage that would not have been (iii) the subdivision of land;or sustained if the Insured Claimant had paid value for the (iv) environmental protection; Title. or the effect of any violation of these laws,ordinances,or 4. Any claim,by reason of the operation of federal bankruptcy,state governmental regulations. This Exclusion 1(a)does not modify insolvency,or similar creditors'rights laws,that the transaction or limit the coverage provided under Covered Risk 5. vesting the Title as shown in Schedule A,is (b) Any governmental police power. This Exclusion 1(b)does not (a) a fraudulent conveyance or fraudulent transfer;or modify or limit the coverage provided under Covered Risk 6. (b) a preferential transfer for any reason not stated in Covered 2. Rights of eminent domain. This Exclusion does not modify or limit Risk 9 of this policy, the coverage provided under Covered Risk 7 or 8. 5. Any lien on the Title for real estate taxes or assessments 3. Defects,liens,encumbrances,adverse claims,or other matters imposed by governmental authority and created or attaching (a) created,suffered,assumed,or agreed to by the Insured between Date of Policy and the date of recording of the deed or Claimant; other instrument of transfer in the Public Records that vests Title (b) not Known to the Company,not recorded in the Public as shown in Schedule A. Form 5011408(11-1-10) Page 2 of 5 ALTA Owner's Policy of Title Insurance(6-17-06) Colorado Policy# : 5011408-0009061e CONDITIONS 1. DEFINITION OF TERMS of matters relating to real property to purchasers for value and The following terms when used in this policy mean: without Knowledge. With respect to Covered Risk 5(d), (a) "Amount of Insurance": The amount stated in Schedule A,as may "Public Records"shall also include environmental protection be increased or decreased by endorsement to this policy, liens filed in the records of the clerk of the United States District increased by Section 8(b),or decreased by Sections 10 and 11 of Court for the district where the Land is located. these Conditions. Q) 'Title": The estate or interest described in Schedule A. (b) "Date of Policy": The date designated as"Date of Policy"in (k) "Unmarketable Title":Title affected by an alleged or apparent Schedule A. matter that would permit a prospective purchaser or lessee of (c) "Entity": A corporation,partnership,trust,limited liability the Title or lender on the Title to be released from the company,or other similar legal entity. obligation to purchase,lease,or lend if there is a contractual (d) "Insured": The Insured named in Schedule A. condition requiring the delivery of marketable title. (i) The term"Insured"also includes 2. CONTINUATION OF INSURANCE (A) successors to the Title of the Insured by operation of law The coverage of this policy shall continue in force as of Date of as distinguished from purchase,including heirs,devisees, Policy in favor of an Insured,but only so long as the Insured retains survivors,personal representatives,or next of kin; an estate or interest in the Land,or holds an obligation secured by a (B)successors to an Insured by dissolution,merger, purchase money Mortgage given by a purchaser from the Insured, consolidation,distribution,or reorganization; or only so long as the Insured shall have liability by reason of (C) successors to an Insured by its conversion to another kind warranties in any transfer or conveyance of the Title. This policy of Entity; shall not continue in force in favor of any purchaser from the (D)a grantee of an Insured under a deed delivered without Insured of either(t)an estate or interest in the Land,or(ii)an payment of actual valuable consideration conveying obligation secured by a purchase money Mortgage given to the theTitle Insured. (1) if the stock,shares,memberships,or other equity 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT interests of the grantee are wholly-owned by the The Insured shall notify the Company promptly in writing(i)in case named Insured, of any litigation as set forth in Section 5(a)of these Conditions,(ii) (2) if the grantee wholly owns the named Insured, in case Knowledge shall come to an Insured hereunder of any claim (3) if the grantee is wholly-owned by an affiliated of title or interest that is adverse to the Title,as insured,and that Entity of the named Insured,provided the affiliated might cause loss or damage for which the Company may be liable Entity and the named Insured are both wholly- by virtue of this policy,or(iii)if the Title,as insured,is rejected as owned by the same person or Entity,or Unmarketable Title, If the Company is prejudiced by the failure of (4) if the grantee is a trustee or beneficiary of a trust the Insured Claimant to provide prompt notice,the Company's created by a written instrument established by the liability to the Insured Claimant under the policy shall be reduced to Insured named in Schedule A for estate planning the extent of the prejudice. purposes. 4. PROOF OF LOSS (ii) With regard to(A),(B),(C),and(D)reserving,however,all In the event the Company is unable to determine the amount of loss rights and defenses as to any successor that the Company or damage,the Company may,at its option,require as a condition would have had against any predecessor Insured. of payment that the Insured Claimant furnish a signed proof of loss. (e) "Insured Claimant": An Insured claiming loss or damage. The proof of loss must describe the defect,lien,encumbrance,or (f) "Knowledge"or"Known": Actual knowledge,not constructive other matter insured against by this policy that constitutes the basis knowledge or notice that may be imputed to an Insured by reason of loss or damage and shall state,to the extent possible,the basis of the Public Records or any other records that impart of calculating the amount of the loss or damage. constructive notice of matters affecting the Title. 5. DEFENSE AND PROSECUTION OF ACTIONS (g) "Land": The land described in Schedule A,and affixed (a) Upon written request by the Insured,and subject to the options improvements that by law constitute real property. The term contained in Section 7 of these Conditions,the Company,at its "Land"does not include any property beyond the lines of the area own cost and without unreasonable delay,shall provide for the described in Schedule A,nor any right,title,interest,estate,or defense of an Insured in litigation in which any third party easement in abutting streets,roads,avenues,alleys,lanes, asserts a claim covered by this policy adverse to the Insured. ways,or waterways,but this does not modify or limit the extent This obligation is limited to only those stated causes,of action that a right of access to and from the Land is insured by this alleging matters insured against by this policy. The Company policy. shall have the right to select counsel of its choice(subject to (h) "Mortgage": Mortgage,deed of trust,trust deed,or other security the right of the Insured to object for reasonable cause)to instrument,including one evidenced by electronic means represent the Insured as to those stated causes of action. It authorized by law. shall not be liable for and will not pay the fees of any other (i) "Public Records": Records established under state statutes at counsel. The Company will not pay any fees,costs,or Date of Policy for the purpose of imparting constructive notice expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. Form 5011408(11-1-10) Page 3 of 5 ALTA Owner's Policy of Title Insurance(6-17-06) Colorado Policy# : 5011408-0009061e CONDITIONS(Continued) (b) The Company shall have the right,in addition to the options 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; contained in Section 7 of these Conditions,at its own cost,to TERMINATION OF LIABILITY institute and prosecute any action or proceeding or to do any In case of a claim under this policy,the Company shall have the other act that in its opinion may be necessary or desirable to following additional options: establish the Title,as insured,or to prevent or reduce loss or (a)To Pay or Tender Payment of the Amount of Insurance. damage to the Insured. The Company may take any To pay or tender payment of the Amount of Insurance under this appropriate action under the terms of this policy,whether or policy together with any costs,attorneys'fees,and expenses not it shall be liable to the Insured. The exercise of these incurred by the Insured Claimant that were authorized by the rights shall not be an admission of liability or waiver of any Company up to the time of payment or tender of payment and provision of this policy. If the Company exercises its rights that the Company is obligated to pay. under this subsection,it must do so diligently. Upon the exercise by the Company of this option,all liability and (c) Whenever the Company brings an action or asserts a defense obligations of the Company to the Insured under this policy, as required or permitted by this policy,the Company may other than to make the payment required in this subsection, pursue the litigation to a final determination by a court of shall terminate,including any liability or obligation to defend, competent jurisdiction,and it expressly reserves the right,in its prosecute,or continue any litigation, sole discretion,to appeal any adverse judgment or order. (b) To Pay or Otherwise Settle With Parties Other Than the Insured 6. DUTY OF INSURED CLAIMANT TO COOPERATE or With the Insured Claimant, (a) In all cases where this policy permits or requires the Company (i) To pay or otherwise settle with other parties for or in the to prosecute or provide for the defense of any action or name of an Insured Claimant any claim insured against proceeding and any appeals,the Insured shall secure to the under this policy. In addition,the Company will pay any Company the right to so prosecute or provide defense in the costs,attorneys'fees,and expenses incurred by the action or proceeding,including the right to use,at its option, Insured Claimant that were authorized by the Company up the name of the Insured for this purpose. Whenever requested to the time of payment and that the Company is obligated by the Company,the Insured,at the Company's expense,shall to pay;or give the Company all reasonable aid(i)in securing evidence, (ii) To pay or otherwise settle with the Insured Claimant the obtaining witnesses,prosecuting or defending the action or loss or damage provided for under this policy,together with proceeding,or effecting settlement,and(ii)in any other lawful any costs,attorneys'fees,and expenses incurred by the act that in the opinion of the Company may be necessary or Insured Claimant that were authorized by the Company up desirable to establish the Title or any other matter as insured. to the time of payment and that the Company is obligated If the Company is prejudiced by the failure of the Insured to to pay. furnish the required cooperation,the Company's obligations to Upon the exercise by the Company of either of the options the Insured under the policy shall terminate,including any provided for in subsections(b)(i)or(ii),the Company's liability or obligation to defend,prosecute,or continue any obligations to the Insured under this policy for the claimed loss litigation,with regard to the matter or matters requiring such or damage,other than the payments required to be made,shall cooperation. terminate,including any liability or obligation to defend, (b) The Company may reasonably require the Insured Claimant to prosecute,or continue any litigation. submit to examination under oath by any authorized 8. DETERMINATION AND EXTENT OF LIABILITY representative of the Company and to produce for This policy is a contract of indemnity against actual monetary loss or examination,inspection,and copying,at such reasonable damage sustained or incurred by the Insured Claimant who has times and places as may be designated by the authorized suffered loss or damage by reason of matters insured against by this representative of the Company,all records,in whatever policy. medium maintained,including books,ledgers,checks, (a)The extent of liability of the Company for loss or damage memoranda,correspondence,reports,e-mails,disks,tapes, under this policy shall not exceed the lesser of and videos whether bearing a date before or after Date of (i) the Amount of Insurance;or Policy,that reasonably pertain to the loss or damage. Further, (ii) the difference between the value of the Title as insured if requested by any authorized representative of the Company, and the value of the Title subject to the risk insured against the Insured Claimant shall grant its permission,in writing,for by this policy. any authorized representative of the Company to examine, (b) If the Company pursues its rights under Section 5 of these inspect,and copy all of these records in the custody or control Conditions and is unsuccessful in establishing the Title,as of a third party that reasonably pertain to the loss or damage. insured, All information designated as confidential by the Insured (i) the Amount of Insurance shall be increased by 10%,an Claimant provided to the Company pursuant to this Section (ii) the Insured Claimant shall have the right to have the loss shall not be disclosed to others unless,in the reasonable or damage determined either as of the date the claim was judgment of the Company,it is necessary in the administration made by the Insured Claimant or as of the date it is settled of the claim. Failure of the Insured Claimant to submit for and paid. examination under oath,produce any reasonably requested (c) In addition to the extent of liability under(a)and(b),the information,or grant permission to secure reasonably Company will also pay those costs,attomeys'fees,and necessary information from third parties as required in this expenses incurred in accordance with Sections 5 and 7 of subsection,unless prohibited by law or governmental these Conditions. regulation,shall terminate any liability of the Company under this policy as to that claim. Form 5011408(11-1-10) Page 4 of 5 ALTA Owners Policy of Title Insurance(6-17-06) Colorado Policy#: 5011408-0009061e CONDITIONS(Continued) 9. LIMITATION OF LIABILITY Insurance Arbitration Rules of the American Land Title Association (a) If the Company establishes the Title,or removes the alleged ("Rules"). Except as provided in the Rules,there shall be no defect,lien,or encumbrance,or cures the lack of a right of joinder or consolidation with claims or controversies of other persons. access to or from the Land,or cures the claim of Arbitrable matters may include,but are not limited to,any controversy Unmarketable Title,all as insured,in a reasonably diligent or claim between the Company and the Insured arising out of or relating manner by any method,including litigation and the completion to this policy,any service in connection with its issuance or the breach of any appeals,it shall have fully performed its obligations of a policy provision,or to any other controversy or claim arising out of with respect to that matter and shall not be liable for any loss the transaction giving rise to this policy. All arbitrable matters when the or damage caused to the Insured. Amount of Insurance is$2,000,000 or less shall be arbitrated at the (b) In the event of any litigation,including litigation by the option of either the Company or the Insured. All arbitrable matters Company or with the Company's consent,the Company shall when the Amount of Insurance is in excess of$2,000,000 shall be have no liability for loss or damage until there has been a final arbitrated only when agreed to by both the Company and the Insured, determination by a court of competent jurisdiction,and Arbitration pursuant to this policy and under the Rules shall be binding disposition of all appeals,adverse to the Title,as insured. upon the parties. Judgment upon the award rendered by the (c) The Company shall not be liable for loss or damage to the Arbitrator(s)may be entered in any court of competent jurisdiction. Insured for liability voluntarily assumed by the Insured in 15. LIABILITY LIMITED TO THIS POLICY;POLICY ENTIRE CONTRACT settling any claim or suit without the prior written consent of (a)This policy together with all endorsements,if any,attached to it by the Company. the Company is the entire policy and contract between the Insured 10. REDUCTION OF INSURANCE;REDUCTION OR TERMINATION and the Company. In interpreting any provision of this policy,this OF LIABILITY policy shall be construed as a whole. All payments under this policy,except payments made for costs, (b) Any claim of loss or damage that arises out of the status of the attorneys'fees,and expenses,shall reduce the Amount of Title or by any action asserting such claim shall be restricted to Insurance by the amount of the payment. this policy. 11. LIABILITY NONCUMULATIVE (c) Any amendment of or endorsement to this policy must be in writing The Amount of Insurance shall be reduced by any amount the and authenticated by an authorized person,or expressly Company pays under any policy insuring a Mortgage to which incorporated by Schedule A of this policy. exception is taken in Schedule B or to which the Insured has (d) Each endorsement to this policy issued at any time is made a part agreed,assumed,or taken subject,or which is executed by an of this policy and is subject to all of its terms and provisions. Insured after Date of Policy and which is a charge or lien on the Except,as the endorsement expressly states,it does not(i)modify Title,and the amount so paid shall be deemed a payment to the any of The terms and provisions of the policy,(ii)modify any prior Insured under this policy. endorsement,(iii)extend the Date of Policy,or(iv)increase the 12. PAYMENT OF LOSS Amount of Insurance. When liability and the extent of loss or damage have been a61 }BILITY definitely fixed in accordance with these Conditions,the payment In the even t,any provision of this policy,in whole or in part,is held shall be made within 30 days. tpvghdgrane forceable under applicable law,the policy shall be 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT deetned ndt t�1ht Iude that provision or such part held to be invalid,but (a) Whenever the Company shall have settled and paid a claim Y other provisions shall remain in full force and effect. under this policy,it shall be subrogated and entitled to the 17. CHOICE OF LAW;FORUM rights of the Insured Claimant in the Title and all other rights (a) Choice of Law: The Insured acknowledges the Company has and remedies in respect to the claim that the Insured underwritten the risks covered by this policy and determined the Claimant has against any person or property,to the extent of premium charged therefor in reliance upon the law affecting the amount of any loss,costs,attorneys'fees,and expenses interests in real property and applicable to the interpretation, paid by the Company. If requested by the Company,the rights,remedies,or enforcement of policies of title insurance of the Insured Claimant shall execute documents to evidence the jurisdiction where the Land is located. transfer to the Company of these rights and remedies. The Therefore,the court or an arbitrator shall apply the law of the Insured Claimant shall permit the Company to sue, jurisdiction where the Land is located to determine the validity of compromise,or settle in the name of the Insured Claimant claims against the Title that are adverse to the Insured and to and to use the name of the Insured Claimant in any interpret and enforce the terms of this policy. In neither case shall transaction or litigation involving these rights and remedies. the court or arbitrator apply its conflicts of law principles to If a payment on account of a claim does not fully cover the determine the applicable law, loss of the Insured Claimant,the Company shall defer the (b) Choice of Forum: Any litigation or other proceeding brought by the exercise of its right to recover until after the Insured Claimant Insured against the Company must be filed only in a state or shall have recovered its loss. federal court within the United States of America or its territories (b) The Company's right of subrogation includes the rights of the having appropriate jurisdiction. Insured to indemnities,guaranties,other policies of 18. NOTICES,WHERE SENT insurance,or bonds,notwithstanding any terms or conditions Any notice of claim and any other notice or statement in writing required contained in those instruments that address subrogation to be given to the Company under this policy must be given to the rights.' Company at First American Title Insurance Company,Attn:Claims 14. ARBITRATION National Intake Center,1 First American Way;Santa Ana,CA Either the Company or the Insured may demand that the claim or 92707. Phone:888.632.1642. controversy shall be submitted to arbitration pursuant to the Title Form 5011408(11-1-10) Page 5 of 5 ALTA Owners Policy of Title Insurance(6-17-06) Colorado American Land Title Association Owner's Policy Adopted 6-17-06 SCHEDULE A Name and Address of Title Insurance Company: First American Title Insurance Co. Policy Number: 5011408-0009061e File Number: 13003099 Address Reference: 883 Moore Drive Aspen, CO 81611 Amount of Insurance: $ 1,800,000.00 Premium: $ 3,740.00 Date of Policy: July 2, 2013 at 05:00 PM 1. Name of Insured: 883 Moore LLC, a Colorado limited liability company 2. The estate or interest in the Land that is insured by this policy is: Fee Simple 3. Title is vested in: 883 Moore LLC, a Colorado limited liability company 4. The Land referred to in this policy is described as follows: SEE EXHIBIT AATTACHED HERETO Date: July 2, 2013 Attorneys/Ti le Insurance Agency of Aspen By: X Gar��. Wright,Authorized Officer or Agent Copyright 2006-2009 American Land Title Association. All rights reserved. r AMERICA LAND TITLE The use of this Form is restricted to ALTA licensees and ALTA members ASSOCIATION in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. V (13003099.PFD/13003099/128) American Land Title Association Owner's Policy Adopted 6-17-06 FirstAmerican Title Insurance Co. SCHEDULE B File Number: 13003099 Policy Number: 5011408-0009061 E EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses which arise by reason of: 1. Any facts, rights, interests or claims which are not shown by the Public Records, but which could be ascertained by an inspection of the Land or by making inquiry of persons in possession thereof. 2. Easements, or claims 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 and inspection of the Land would disclose, and which are not shown by the Public Records. 4. Any lien, or right to a Lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown in the Public Records. 5. Any and all unpaid taxes, assessments and unredeemed tax sales. 6. Water rights, claims or title to water, whether or not the matter excepted is shown by the Public Records. 7. Taxes for the year 2013, not yet due or payable. 8. Right of the proprietor of a vein or lode to extract and remove his are therefrom, should the same be found to intersect the premises hereby granted, as reserved in the United States Patent dated April 17, 1889, and recorded May 7, 1890, in Book 55 at Page 9, as Reception No. 036127. 9. Right of the proprietor of a vein or lode to extract and remove his are therefrom, should the same be found to intersect the premises hereby granted, as reserved in the United States Patent dated October 24, 1831, and recorded January 19, 1892, in Book 55 at Page 20, as Reception No. 045510. 10. Right of the proprietor of a vein or lode to extract and remove his are therefrom, should the same be found to intersect the premises hereby granted, as reserved in the United States Patent dated June 29, 1891, and recorded November 29, 1892, in Book 55 at Page 34, as Reception No. 050131. 11. Right of the proprietor of a vein or lode to extract and remove his are therefrom, should the same be found to intersect the premises hereby granted as reserved in the United States Patent dated April 3, 1896, and recorded August 26, 1911, in Book 55 at Page 191, as Reception No. 074888. Copyright 2006-2009 American Land Title Association. All rights reserved. AM ERl CAN LAND TITLE The use of this Form is restricted to ALTA licensees and ALTA members ASSOCIATION in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. N (13003099.PFD/13003099/140) American Land Title Association . Owner's Policy Adopted 6-17-06 SCHEDULE B (Continued) 8 ?014 File Number: 13003099 -Policy Number: 5011408-0009061 E 12. Terms, conditions, provisions, agreements and obligations specified under the Resolution of the Board of County Commissioners of Pitkin County, Colorado, Regarding the Disposition of the Moore Subdivision Application that is in Process When The Revised Growth Management Regulations of The Pitkin County Land Use Code Are Adopted (Resolution No. 95-9) dated January 10, 1995, and recorded February 15, 1995, in Book 174 at Page 50, as Reception No. 379002, and re-recorded March 16, 1995, in Book 716 at Page 416, as Reception No. 379776. 13. Terms, conditions, provisions, agreements and obligations specified under the Resolution of the Board of County Commissioners of Pitkin County, Colorado,Awarding the 1994 Metro Residential Growth Management Allocations (Resolution No. 95-113) dated September 27,1995, and recorded October 27, 1995, in Book 797 at Page 922, as Reception No. 386826. 14. Terms, conditions, provisions, agreements and obligations specified under the Resolution of the Board of County Commissioners of Pitkin County, Colorado Granting General Submission I Planned Unit Development, Special Review and 1041 Environmental Hazard Review Approvals, and Awarding the 1993 Metro Residential Growth Management Allotments for the James E. Moore Family PUD Project Located Adjacent to the Aspen Public School Campus (Resolution No. 95-30) dated February 28, 1995, and recorded November 9, 1995, in Book 799 at Page 150, as Reception No. 387186, and re-recorded October 25, 1996, as Reception No. 398334. 15. Terms, conditions, provisions. agreements and obligations specified under the Resolution of the Board of County Commissioners of Pitkin County, Colorado Granting Detailed Submission, Planned Unit Development, Subdivision, Special Reviewt Ridgeline Review, Growth Management Quota System Exemption, and 1041 Environmental Hazard Review Approvals for the James E. Moore Family Partnership Project Located Adjacent to The Aspen Public School Campus (Resolution No. 97-75) dated April 2, 1997, and recorded May 8,1997, as Reception No. 404234. 16. Terms, conditions, provisions, agreements and obligations specified under the Ordinance of the Board of County Commissioners of Pitkin County, Colorado Granting Approval of the Rezoning from AFR-2 and AFR-10 to AFR-1 for Portions of the Moore Property Located Adjacent to the Aspen Public School Campus and Amending the Official County Zoning Maps Accordingly (Ordinance No. 97-13) dated April 2, 1997, and recorded June 10, 1997, as Reception No. 405216. 17. Terms, conditions, provisions, agreements and obligations specified under the Resolution of the Board of County Commissioners of Pitkin County, Colorado Granting Final Plat Approval for the James E. Moore Family Partnership PUD Subdivision (Resolution No. 98-57) dated February 11, 1998, and recorded April 7, 1998, as Reception No. 415352. 18. Any and all notes, easements and recitals as disclosed on the recorded Moore Family Planned Unit Development, a Planned Community Plat dated July 31, 1998, and recorded August 10, 1998, in Plat Book 45 at Page 81, as Reception No. 420465. Copyright 2006-2009 American Land Title Association. All rights reserved. AMERICAN LAND TITLE The use of this Form is restricted to ALTA licensees and ALTA members ASSOCIATION in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ry (13003099.P F D/13003099/140) American Land Title Association Owners Policy Adopted 6-17-06 SCHEDULE B (Continued) File Number: 13003099 Policy Number: 5011408-0009061 E 19. Terms, conditions, provisions, agreements and obligations specified under the Master Declaration of Covenants, Conditions and Restrictions for Moore Family PUD, a Planned Community, Pitkin County, Colorado, recorded August 10, 1998, as Reception No. 420466. 20. Terms, conditions, provisions, agreements and obligations specified under the Moore Family Planned Unit Development Guide dated August 4, 1998, and recorded August 10, 1998, as Reception No. 420467. 21. Terms, conditions, provisions, agreements and obligations specified under the Subdivision Improvements Agreement for Moore Family PUD, a Planned Community dated August 4, 1998, and recorded August 10, 1998, as Reception No. 420468. 22. Terms, conditions, provisions, agreements and obligations specified under the Ordinance No, 20, An Ordinance of the City Council of the City of Aspen, Colorado.Authorizing and Approving an Agreement for the Extraterritorial Extension and Delivery of Municipal Water Services to the James E. Moore Family Partnership LLLP (Series of 1997) dated June 9, 1997, and recorded August 11, 1998, as Reception No. 420479. 23. Terms, conditions, provisions, agreements and obligations specified under the Resolution No. 40 (Series of 1998)A Resolution of the City Council of the City of Aspen, Colorado,Authorizing Execution of the "Agreement for Water Service Agreement" Relating to the Extension of Water Service to the James E. Moore Family Partnership LLLP Property dated May 11, 1998, and recorded August 11, 1998, as Reception No. 420480. 24. Terms, conditions, provisions, agreements and obligations specified under the Easement Agreement dated August 10, 1998, and recorded August 11, 1998, as Reception No. 420477. 25. Terms, conditions, provisions, agreements and obligations specified under the City of Aspen Easement Agreement dated August 10, 1998, and recorded August 11, 1998, as Reception No. 420478. 26. Terms, conditions, provisions, agreements and obligations specified under the Ordinance No, 20, An Ordinance of the City Council of the City of Aspen, Colorado.Authorizing and Approving an Agreement for the Extraterritorial Extension and Delivery of Municipal Water Services to the James E. Moore Family Partnership LLLP (Series of 1997) dated June 9, 1997, and recorded August 11, 1998, as Reception No. 420479. 27. Terms, conditions, provisions, agreements and obligations specified under the City of Aspen Water Service Agreement (New Development) dated August 10, 1998, and recorded August 11. 1998, as Reception No. 420481, and City of Aspen First Addendum to Water Service Agreement dated August 10, 1998, and recorded August 11, 1998, as Reception No. 420482. 28. Terms, conditions, provisions, agreements and obligations specified under the City of Aspen Raw Water Agreement dated August 10. 1998, and recorded August 11, 1998, as Reception No. 420485. Copyright 2006-2009 American Land Title Association. All rights reserved. AMERICAN LAND TITLE The use of this Form is restricted to ALTA licensees and ALTA members ASSOCIATION in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ry (13003099.PFD/13003099/140) American Land Title Association Owner's Policy Adopted 6-17-06 SCHEDULE B (Continued) File Number: 13003099 Policy Number: 5011408-0009061E 1 29. Terms, conditions, provisions, agreements and obligations specified unt,der the Ci y;©fA'speh Pretapping Agreement(Property Located Outside City Limits) dated August 10, 1998,4hd recorded`AugtJst 11, 1998, as Reception No. 420486. 30. Terms, conditions, provisions, agreements and obligations specified under the Collection System Agreement dated August 4, 1998, and recorded August 11, 1998, as Reception No. 420487. 31. Terms, conditions, provisions, agreements and obligations specified under the Aspen Consolidated Sanitation District Preconnection Agreement dated August 10, 1998, and recorded August 11, 1998, as Reception No. 420488. 32. Terms, conditions, provisions, agreements and obligations specified under the Designation of Successor and Assign dated August 10, 1998, and recorded August 11, 1998, as Reception No. 420552. 33. Terms, conditions, provisions, agreements and obligations specified under the Trench, Conduit and Vault Agreement dated December 29, 1998, and recorded January 11, 1999, as Reception No. 426420. 34. Reservation of all mineral rights as set forth in the Warranty Deed dated July 9, 1999, and recorded July 12, 1999, as Reception No. 433233. 35. Terms, conditions, provisions, agreements and obligations specified under the Agreement dated January 26, 1999, and recorded February 8, 1999, as Reception No. 427473, and Ski Life and Ski Trail Use Agreement dated January 26, 1999, and recorded February 8, 1999, as Reception No. 427474, and Ski Life and Ski Trail Use Agreement dated December 7, 1998, and recorded February 8, 1999, as Reception No. 427475, and Ski Lift and Ski Trail Use Agreement dated November 20, 1998, and recorded February 8, 1999, as Reception No. 427476, and Ski Life and Ski Trail Use Agreement dated January 26, 1999, and recorded February 8, 1999, as Reception No. 427477. 36. Terms, conditions, provisions, agreements and obligations specified under An Ordinance of the City Council of the City of Aspen, Colorado,Approving the Annexation of Certain Territory to the City of Aspen, Colorado, to be Known and Designated as the "Moore Family PUD"Annexation (Ordinance No. 24 - Series of 1999) dated June 14, 1999, and recorded July 14, 1999, as Reception No. 433361. 37. Any and all notes, easements and recitals as disclosed on the recorded Moore No. 1 Annexation Plat recorded July 14, 1999, in Plat Book 50 at Page 44, as Reception No. 433362. 38. Deed of Trust from 883 Moore LLC, a Colorado limited liability company, to the Public Trustee of Pitkin County for the benefit of Alpine Bank Aspen, to secure an indebtedness in the principal sum of $900,000.00, dated July 2, 2013, and recorded July 2, 2013, as Reception No. 600866. Copyright 2006-2009 American Land Title Association. All rights reserved. AMERICA LAND TITLE The use of this Form is restricted to ALTA licensees and ALTA members ASSOCIATION in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. n (13003099.PFD/1 3003099/140) EXHIBIT A File Number: 13003099 Policy Number: 5011408-0009061 e The Land referred to in this policy is described as follows: Lot 11, Block G, THE MOORE FAMILY PUD, A PLANNED COMMUNITY, according to the Plat thereof recorded August 10, 1998 in Plat Book 45 at Page 81, Pitkin County, Colorado. ALTA Owner's Policy Exhibit A (13003099.PF D/13003099/130) American Land Title Association Endorsement 9.1-06 (Covenants, Conditions and Restrictions - Unimproved Land - Owner's Policy) Revised 04-02-12 ENDORSEMENT Attached to Policy No. 5011408-0009061 e Issued by FIRST AMERICAN TITLE INSURANCE CO. 1. The insurance provided by this endorsement is subject to the exclusions in Section 4 of this endorsement; and the Exclusions from Coverage, the Exceptions from Coverage contained in Schedule B, and the Conditions in the policy. 2. For the purposes of this endorsement only, "Covenant" means a covenant, condition, limitation or restriction in a document or instrument in effect at Date of Policy. 3. The Company insures against loss or damage sustained by the Insured by reason of: a. A violation on the Land at Date of Policy of an enforceable Covenant, unless an exception in Schedule B of the policy identifies the violation; or b. A notice of a violation, recorded in the Public Records at Date of Policy, of an enforceable Covenant relating to environmental protection describing any part of the Land and referring to that Covenant, but only to the extent of the violation of the Covenant referred to in that notice, unless an exception in Schedule B of the policy identifies the notice of the violation. 4. This endorsement does not insure against loss or damage (and the Company will not pay costs, attorneys' fees, or expenses) resulting from: a. any Covenant contained in an instrument creating a lease; b. any Covenant relating to obligations of any type to perform maintenance, repair, or remediation on the Land; or C. except as provided in Section 3.b., any Covenant relating to environmental protection of any kind or nature, including hazardous or toxic matters, conditions, or substances. This endorsement is issued as part of the policy. Except as it expressly states, it does not(i) modify any of the terms and provisions of the policy,_(ii)-modify any prior_endorsements, (ui) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Date: July 2, 2013 Attorneys Title Insurance Agency of Aspen �14 B . y' Gary A. Wright,Authorized Officer or Agent Copyright 2006-2012 American Land Title Association. All rights reserved. AMERICAN LAND TITLE The use of this Form is restricted to ALTA licensees and ALTA members ASSOCIATION in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Jk- (1 3003099 PFD/13003099/134) ENDORSEMENT Attached to Policy No. 5011408-0009061E Issued By First American Title Insurance Company The Company hereby insures the insured against loss which the insured shall sustain by reason of damage to existing improvements resulting from the exercise of any right to use the surface of the land for the extraction or development of the minerals excepted from the description of the land or shown as a reservation in Schedule B. This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements,nor does it extend the effective date of the policy and any prior endorsements,nor does it increase the face amount thereof. Dated: July 2,2013 7, l FirstAmerican Title Insurance Company By: Aut orized Signatory Colorado Form No. 100.29(6/95) (13003099.PFD/13003099/136) ENDORSEMENT Attached to Policy No. 5011408-0009061E Issued By First American Title Insurance Company Said Policy is hereby amended by deleting paragraph 1,2,3 and 4 of Schedule B. This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements,nor does it extend the effective date of the policy and any prior endorsements,nor does it increase the face amount thereof. Dated: July 2,2013 �: ? r 2014 . t First American Title Insurance Company By: Authorized lgnatory Colorado Form No. 110.1(4/94) (13003099.PFD/13003099/13 ) CITY' "ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Sara Adams DATE: 03.12.14 PROJECT: Five Trees/Moore Family PUD, Lot 11 REPRESENTATIVE: Christine Shine, Bluegreen 970-429-7499 DESCRIPTION: The potential applicant would like to amend the building ' envelope shape on Lot 11 of the Moore Family Planned Unit Development (PUD). The potential applicant represents that the proposed change will not result in a net increase in size of the building envelope. Changing MAR 2 82014 the shape of the building envelope in a manner that does not change the size/area of the envelope can be CITY �F ASPEN approved administratively. CQM!,si+,l~f'�`. �t~'Er +�p� Lot 11 is part of the Five Trees/ Moore Family PUD, and a PUD amendment approval is required to modify the PUD and allow the alteration of the building envelope. Approval to apply for the amendment shall be provided by the Homeowner's Association. Relevant Land Use Code Section(s): 26.304, Common Development Review Procedures 26.445.110.A Insubstantial Amendments Review by: Staff. Public Hearing: No. Referral Agencies: Engineering ($265 per hour). Planning Fees: $1300 deposit for 4 hours(additional hours billed at$325 per hour). Referral Agency Fees: $265/hour. Total Deposit: $1,565. 4 Total Number of Application Copies: 2 G To apply, submit the following information: ❑ Total deposit for review of application. ❑ Proof of ownership with payment. ❑ Signed fee agreement. ❑ 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. ❑ 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. ❑ Total deposit for review of the application. ❑ 2 Copies of the complete application packet and maps. ❑ An 8 1/2"by 11"vicinity map locating the parcel within the City of Aspen. ❑ Site improvement surrey including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. (This requirement, or any part thereof, may be waived by the Community Development Department if the project is determined not to warrant a survey document.) ❑ A written description of the r,oposal 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. ❑ Copies of prior approvals: existing conditions, recorded final plat map that depicts approved building envelope for lot 11. ❑ Applications shall be provided in paper format (number of copies noted above) as well as the text only on either of the following digital formats. ❑ Applicants are advised that building plans will be required to meet the International Building Code as adopted by the City of Aspen, the Federal Fair Housing Act, and CRS 9.5.112. Please make sure that your application submittal addresses these building-related and accessibility regulations. You may contact the Building Department at 920-5090 for additional information. 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. Pitkin County Assessor Parcel Detail Information Assessor Property Search I Assessor Subset Query I Assessor Sales Search Clerk & Recorder Reception Search I Treasurer Tax Search Search GIS Map I GIS Help Basic Building Characteristics I Value Summary Parcel Detail I Value Detail I Sales Detail I Residential/Commercial Improvement Detail Owner Detail I Land Detail Photographs Tax Account Parcel Property 2012 Mill Area Number Number Type Levy E087 j R016775 273514111111 VACANT 45.825 Primary Owner Name and Address 883 MOORE LLC 1325 SIERRA VISTA DR ASPEN, CO 81611 Additional Owner Detail � Ya ` Legal Description Subdivision: MOORE FAMILY PUD Block: G Lot: 11 Location Physical Address: 1883 MOORE DR ASPEN Subdivision: IMOORE FAMILY PUD Land Acres: 111.053 Land Sq Ft: 0 2013 Property Value Summary Actual Value Assessed Value I Land: II 1,700,00011 493,OOOI Improvements: 0 0 LotaIJ- 1 1,700,000 L 493,000 Sale Date: 6/28/2013 Sale Price: I 1,800,000 Additional Sales Detail Basic Building Characteristics Number of Residential 0 Buildings: Number of Comm/Ind 0 Buildings: No Building Records Found Top of Page Assessor Database Search Options Pitkin County Home Page The Pitkin County Assessor's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Pitkin County Assessor's Offices are unable to warrant any of the information herein contained. Copyright© 2003 -2012 Good Turns Software. All Rights Reserved. Database & Web Design by Good Turns Software. THE CITY OF ASPEN Land Use Application Determination of Completeness Date: April 2, 2014 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 0027 2014 ASLU — 833 Moore Drive, Planned Development - Insubstantial Amendment. Your Land Use Application is incomplete: 1) Proof of ownership. A current (no older than 6 months) in the form of a certificate of title, Ownership and Encumbrance report or a letter from a Colorado licensed attorney listing all owners and encumbrances on the property. 2) HOA Compliance Policy. Please complete and submit the attached form included with this letter. 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. ❑ 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. Tha You, Jennife P elan, Deputy Director City of spen, Community Development Department Fse Only: Qualifying Applications: Notice Required New SPA New PUD Yes Nom,_ Subdivision, SPA, or PUD(creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes No Commercial E.P.F. Lodging