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coa.lu.ec.Aspen Highlands Lots 2,5,9B-A075-01
a. . _ ASPEN HIHGLANDS VILLAGE LOTS 2, 5, 9B Lot Line Adjustment A075-01 mac" f l C-f�) E IM 11 CASE NUMBER A075-01 PARCEL ID # CASE NAME Aspen Highlands Village Lots 2,5, 913 Lot Line Adjustment PROJECT ADDRESS Lots 2, 5, 913, Aspen Highlands Village PLANNER James Lindt CASE TYPE Lot Line Adjustment OWNER/APPLICANT Hines Highlands Limited Partnership REPRESENTATIVE Glenn Horn DATE OF FINAL ACTION 8/18/01 CITY COUNCIL ACTION PZ ACTION ADMIN ACTION Approved & Plat Recor BOA ACTION DATE CLOSED 9/4/01 BY J. Lindt • • PARCEL ID: DATE RCVD: 7/17/01 # COPIES: CASE NO A075-01 CASE NAMEIAspen Highlands Village Lots 2,5, 9B Lot Line Adjustment PLNRIJames Lindt ta; PROJ ADDR: Lots 2, 5, 9B, Aspen Highlands Villa CASE TYP: Lot Line Adjustment STEPS:r OWN/APPI Hines Highlands Lim ADR PO Box 5115 C/S/Z: Aspen/CO/81612 PHN: 920-1710 REP: Glenn Horn ADR: 215 S. Monarch St., st C/S/Z: Aspen PHN FEES DUE: 500 D 180E FEES RCV ` 660 STAT REFERRALS MTG DATE &IREV BODY ..SI 'P. 5. 2001 -11: TO: FRO RE: 03PM NINES ASPEN HIGHLANDS VILLAG'.123 4',?. 206 "II„�" Page; I of smiei ei;*W I ���II) I�DIIgV�il P1ruIN cauNrr CO R 15.Oe o MEMORANDUM Julie Ann Woods, Community Development Director James Lindt, Planning Technician Highland Village Lots 2, 5, and 9B Lot Line Adjustment DATT: August 17, 2001 Sulu,- i AAY: On orinaif of Hines Highlands Limited Partnershro. Glenn Horn. has aDolied for a Lot LI ustment in Block D of the Aspen Highlands Village Planned Unit Development. Tose of the Iot line adjustment is to include building space on the lower level parage (Lot 9B) into Buildings 2 and 5 (Lots 2-and 5), which are located directly ae parking garage. The. areas to be changed from Lot 9B to Lots 2 and 5 are snd mechanical areas that operate for the purpose of the buildings on Lots 2 and . Unit This areas was not Hines Lot 91 filed y Development staff recommends approval of the requested Lot Line t to Lots 2, 5, and 9B, Block D, of the Aspen Highlands Village Planned Hines Highlands Limited Partnership Hines Highlands Limited Partnership, represented by Glenn Horn Lots 2, 5, and 9B, Block D of the Aspen Highlands Planned Unit Development Ski Area Base plication was submitted to clean up a subdivision error that did not account for cared in Lot 9B that solely serve the buildings on Lots 2 'and 5. The base village >t subdivided vertically in the County in a manner in which Lot 9B (Parking i was located directly beneath Lots 2 and 5, The proposed lot line adjustment will :ct the development rights of Lots 2 and 5 because the approved PUD has a -- - )n that states, "there may be a minor redistribution of Floor Area between the ;s, however the total non-exempt Floor Area wiII not exceed 403,420 square feet". lighlands Limited Partnership has consented to provide an access easement across to the areas on the lower level that are to be included in Lots 2 and 5 through the :d lot line adjustment. The easement will assure that access will be maintained . the parking garage to the areas that are to become part of Lot 2 and lot 5. The at shall be referenced and recorded as partof the Lot Line Adjustment Plat to be the applicant .SI P. 5.2001 1:09PM INES ASPEN HIGHLANDS VILLAGE : N0,123 P Revi Criteria & Staff Findings 1. Section 26.480.030 (A) Subdivision Exemptions In o for this proposal to qualify as a Subdivision Exemption, the request must comply with a review criteria in Section 26.480.030 (A), General Exemptions, which reads as General Exemptions 1. Lot Line Adjustment. An adjustment of a lot line between contiguous lots if all the following conditions are met a. It is demonstrated that the request is to correct an engineering or surveying error in a recorded plat or is to permit an insubstantial boundary change between adjacent parcels; and Staff - dm Co 'ty Development Staff finds the proposal meets this review standard in that the lots ; .,eluded in the proposed lot 'line adjustment are contiguous because they are vertu ' adjacent parcels. The subject parcels were subdivided vertically pursuant to the originil Pitkin County approvals. b. All landowners whose lot lines are being adjusted shall provide written consent to the application; and oTLYP ty Development Staff finds that the proposal meets this review standard in that ,rnsent was provided by Hines Highlands Limited Partnership. Hines Highlands iartnership is the owner of Lots 2, 5, and 9B, Block D, of the Aspen Highlands 'ilUD. a The corrected plat will meet the standards of this Chapter, and conform to the requirements ofthis Title, including the dimensional requirements of the zone district in which the lots are located except in cares of an existing nonconforming lot, in which the adjustment shall not increase the nonconformity of the lot The plat shall be submitted and recorded in the office of the Pitkin County Clerk and Recorder. Failure to record the plat within a period of one hundred eighty (180) days following approval shall render the plat invalid and reconsideration of the plat by the Community Development Director will be required before its acceptance and recording; and 2 200' 1:09PM HINES ASPEN HIGHLANDS VILLAGE NO, 123P, 4' Stafffding The CmunityDevelopment Staff finds that the proposal meets this review standard in that troposed lot line adjustment will not increase a nonconformity on the effected d. It is demonstrated that the lot line adjustment will not affect the development rights, including any increase in FAR, or permitted . density of the affected lots by providing the opportunity to create a new lot for resale or development. A plat note will be added to the corrected plat indicating the purpose of the lot line adjustment and the recognition that no additional FAR will be allowed with the Stafft ',J d;rg Co Development Staff finds that the proposal meets this review standard in that the osed lot line adjustment will not. alter the development rights assigned to any of the Io involved. The Aspen Highlands ViBage PUD contains a stipulation that states "there be a minor redistribution of Floor - Area between the buildings (Block D), how the total non-exempt Floor Area will not exceed 403,420 square feet". The plat notes ' elude an acknowledgement by the applicant that no additional FAR results from the adi eat. RECO MNMNDATION: Staff recommends that the Community Development Directc r approve the proposed lot line adjustment with the following condition: 1. T ie applicant shall dedicate an easement through Lot 9B for the benefit of a cessing Lots 2 and 5. 2. Tic applicant shall record a Lot Line Adjustment Plat approved by the Community Development Director and the City Engineer within 180 days. Exhibit A — Application Packet (Including Written Consent from Hines Highlands Limited partnership) BY: Z& Development Director 458306 . Pape: 3 of 3 3 09/05/2e01 01:09P R 15.00 0 0.00 DATE: -glpp Ab q V44b �iir,�, G2I �QO °FN 9�� E MEMORANDUM TO: Julie Ann Woods, Community Development Director FROM: James Lindt, Planning Technician `1 1. RE: Highland Village Lots 2, 5, and 9B Lot Line Adjustment DATE: August 17, 2001 SUMMARY: On behalf of Hines Highlands Limited Partnership, Glenn Horn, has applied for a Lot Line Adjustment in Block D of the Aspen Highlands Village Planned Unit Development. The purpose of the lot line adjustment is to include building space on the lower level parking garage (Lot 9B) into Buildings 2 and 5 (Lots 2 and 5), which are located directly above the parking garage. The areas to be changed from Lot 9B to Lots 2 and 5 are storage and mechanical areas that operate for the purpose of the buildings on Lots 2 and 5. Community Development staff recommends approval of the requested Lot Line Adjustment to Lots 2, 5, and 9B, Block D, of the Aspen Highlands Village Planned Unit Development. OWNER: Hines Highlands Limited Partnership APPLICANT: Hines Highlands Limited Partnership, represented by Glenn Horn LOCATION: Lots 2, 5, and 9B, Block D of the Aspen Highlands Planned Unit Development ZONING: Ski Area Base BACKGROUND: This application was submitted to clean up a subdivision error that did not account for areas located in Lot 9B that solely serve the buildings on Lots 2 and 5. The base village was first subdivided vertically in the County in a manner in which Lot 9B (Parking Garage) was located directly beneath Lots 2 and 5. The proposed lot line adjustment will not effect the development rights of Lots 2 and 5 because the approved PUD has a provision that states, "there may be a minor redistribution of Floor Area between the buildings, however the total non-exempt Floor Area will not exceed 403,420 square feet". Hines Highlands Limited Partnership has consented to provide an access easement across Lot 9B to the areas on the lower level that are to be included in Lots 2 and 5 through the proposed lot line adjustment. The easement will assure that access will be maintained through the parking garage to the areas that are to become part of Lot 2 and lot 5. The easement shall be referenced and recorded as part of the Lot Line Adjustment Plat to be filed by the applicant. • 0 Review Criteria & Staff Findings 1. Section 26.480.030 (A) Subdivision Exemptions In order for this proposal to qualify as a Subdivision Exemption, the request must comply with the review criteria in Section 26.480.030 (A), General Exemptions, which reads as follows: A. General Exemptions Lot Line Adjustment. An adjustment of a lot line between contiguous lots if all the following conditions are met: a. It is demonstrated that the request is to correct an engineering or surveying error in a recorded plat or is to permit an insubstantial boundary change between adjacent parcels; and Staff Finding Community Development Staff finds the proposal meets this review standard in that the lots included in the proposed lot line adjustment are contiguous because they are vertically adjacent parcels. The subject parcels were subdivided vertically pursuant to the original Pitkin County approvals. b. All landowners whose lot lines are being adjusted shall provide written consent to the application; and Staff Finding Community Development Staff finds that the proposal meets this review standard in that written consent was provided by Hines Highlands Limited Partnership. Hines Highlands Limited Partnership is the owner of Lots 2, 5, and 9B, Block D, of the Aspen Highlands Village PUD. The corrected plat will meet the standards of this Chapter, and conform to the requirements of this Title, including the dimensional requirements of the zone district in which the lots are located, except in cases of an existing nonconforming lot, in which the adjustment shall not increase the nonconformity of the lot. The plat shall be submitted and recorded in the office of the Pitkin County Clerk and Recorder. Failure to record the plat within a period of one hundred eighty (180) days following approval shall render the plat invalid and reconsideration of the plat by the Community Development Director will be required before its acceptance and recording; and Staff Finding The Community Development Staff finds that the proposal meets this review standard in that the proposed lot line adjustment will not increase a nonconformity on the effected parcels. d. It is demonstrated that the lot line adjustment will not affect the development rights, including any increase in FAR, or permitted density of the affected lots by providing the opportunity to create a new lotfor resale or development. A plat note will be added to the corrected plat indicating the purpose of the lot line adjustment and the recognition that no additional FAR will be allowed with the adjustment. Staff Finding Community Development Staff finds that the proposal meets this review standard in that the proposed lot line adjustment will not alter the development rights assigned to any of the lots involved. The Aspen Highlands Village PUD contains a stipulation that states "there may be a minor redistribution of Floor Area between the buildings (Block D), however the total non-exempt Floor Area will not exceed 403,420 square feet". The plat notes include an acknowledgement by the applicant that no additional FAR results from the adjustment. RECOMMENDATION: Staff recommends that the Community Development Director approve the proposed lot line adjustment with the following condition: 1. The applicant shall dedicate an easement through Lot 913 for the benefit of accessing Lots 2 and 5. 2. The applicant shall record a Lot Line Adjustment Plat approved by the Community Development Director and the City Engineer within 180 days. EXHIBITS: Exhibit A — Application Packet (Including Written Consent from Hines Highlands Limited Partnership) APPROVED BY: ;kie Ann Woods munity Development Director DATE: 1/z t /o, ,qpp 1yOl co�'�Niry � 0 C/ry� v~R'GvT gSpFN �iy�/� • �7 NiV�IT �ll Davis Horn - July 17, 2001 PLANNING & REAL ESTATE CONSULTING James Lindt Steve Clay City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Aspen Highlands Village Planned Unit Development: Fifth Amended Plat -- Block D, Lots 2, 5 and 9B Dear James & Steve: Davis Horn Incorporated represents Hines Highlands Limited Partnership (applicant) in this request for an Insubstantial Amendment to the Aspen Highlands Village Planned Unit Development (ARV PUD) for a Lot Line Adjustment. The applicant seeks to adjust the lot lines between Block D, Lot 2, 5 and 9B. Attachment 1 is an 8 1/2" x 11" vicinity map which depicts the location of AHV PUD. Background Attachment 2 is a 11" x 17" copy of page 4 of 10 of the AHV PUD recorded at Plat Book 47 Page 4. Attachment 2 depicts Blocks A-G of the AHV PUD. Block D comprises the Village Core of the PUD. Attachment 3 is a 11" x 17" copy of drawing A005 from the AHV PUD Final Draft Detailed Submission Consolidated Plan, the Site Specific Development Plan. This drawing depicts buildings 2-8 in the Village Core. The applicant and Pitkin County anticipated that the Village Core would be further subdivided to create lots surrounding buildings 2-8. On September 28, 1999 the Board of County Commissioners approved the Supplemental Plat of AHV PUD Block D (see Attachments 4, 5, 6, 7, 8 and 9). This Plat resulted in the following actions: 1. Subdivided horizontal lots on the Plaza and lower level of the PUD which encompassed buildings 2-8, the common areas, and district areas (see Attachment 6 and 7, Plaza and Lower Levels Block D); 2. Subdivided vertical lots linking the Plaza and Lower levels of the PUD (see Attachments 7 and 8). 3. Created easements across common areas such as Lots 9A and 93 to provide access to fee simple lots (see plat note 12 "support easements" on Attachment 5). ALICE DAVIS, AICP 1 GLENN HORN, AICP 215 SOUTH MONARCH ST. • SUITE 104 • ASPEN, C61.ORADO 81611 • 970/925-6587 • FAX: 970/925-5180 • James Lindt & July 17, 2001 Page 2 Steve Clay On August 10, 1998 the City of Aspen and the applicant signed a Water Service Agreement (Pitkin County Clerk Reception # 422782). As part of the Agreement, the applicant agreed to the future annexation of AHV PUD and the City of Aspen agreed that the Pitkin County land use standards and variances would guide the development of AHV PUD (see section 27 of the Agreement). Board of County Commissioners Resolution 98-79 which granted the AHV PUD Final Plat approval states that the Aspen Highlands Village Detailed Submission: Consolidated Plan constitutes the Site Specific Development Plan for the PUD (see Attachment 10). City of Aspen Ordinance NO. 8 Series of 2000 authorized the City of Aspen Community Development Director to approve minor PUD amendments to the AHV PUD provided the amendments comply with the standards in Ordinance. Land Use Approval Attachments 11, 12, 13, 14 and 15 constitute the Lot Line Adjustment Plat. The applicant proposes reducing the size of Lot 9B on the Lower Lever to add additional area to Lots 2 and S. The purpose of the Lot Line Adjustment is for building space on the Lower Level which is located underneath Buildings 2 and 5 to be included as part of Lots 2 and 5 (see Attachments 14 and 15). The preceding insubstantial amendment request may be approved pursuant to Ordinance 8, series of 2000, Section 4 or Section 26.480.030 A. 1. A review of Ordinance 8, series of 2000 indicates the request is in compliance with all of the standards listed below. Ordinance 8 Series of 2000 Section 4. a. The amendment must be a clarification or a technical correction to the plat. The proposed action is technical correction to the Supplemental Plat of AHV PUD (Attachments 4-9). In fact, the note on Attachment 4 states that "this plat will be followed by a series of plat and/or condominium maps which will be recorded pursuant to Pitkin County Board of County Commissioners Resolution 97-167" (Detailed Submission Resolution of Approval). b. The amendment must not change the use of the proposed development between residential, commercial and tourist accommodations uses. Changes of use are not proposed. • • James Lindt & Steve Clay July 17, 2001 Page 3 C. The amendment must be consistent with action taken during the review of the original development and does not constitute new land development activity. The amendment is consistent with the previously referenced plat note on Attachment 4. d.i. The proposed activity does not change the basic character of the approved use land on which the activity occurs including the basic visual appearance and method of operation. There is no change in character or appearance of the PUD resulting from the proposed action. d.ii. The proposed activity does not increase off -site impacts in the surrounding neighborhood. There is no change in off -site impacts. d.iii. The proposed activity does not endanger public health, safety or welfare. Public health safety or welfare is not effected by the proposed action. d.iv. The proposed activity does not substantially increase the need for on -site parking or utilities, or affect affordable housing generation. There is no effect on parking, utilities or affordable housing generation by the proposed action. d.v. The proposed activity does not increase the floor area of the use by more than two (2) percent or decrease open space on the site by more than three (3) percent. The AHV PUD Guide controls floor area in the PUD. Attachment 16 are copies of the Section V, Area & Bulk Requirements of the PUD Guide. These sections clearly indicated that non-exempt floor area is limited by Tables 2 and 3 to 403,420 square feet. Section V.a. of the Guide states that: "Total non-exempt Floor area in the Village Core is limited by Tables 2 and 3. Total Floor Area may not be exceeded, however there may be minor redistribution between categories in Table 2 and James Lindt & Steve Clay July 17, 2001 Page 4 buildings in Table 3." A footnote on Table 3 (Attachment 16) reads: "Total non-exempt Floor Area will not be exceeded, however there may be a minor redistribution between categories." Based upon the preceding sections of the PUD Guide, it is documented that the insubstantial lot line adjustment between Lots 2, 5 and 9B does not affect permitted floor area in the PUD. Section 26.480.030 la. It is demonstrated that the request is to correct an engineering or surveying error in a recorded plat or is to permit an insubstantial boundary change between adjacent parcels; The proposed lot line adjustment is an insubstantial boundary change to a recorded plat. There is no effect on floor area or off -site impacts. Amendments such as the proposed action were anticipated as indicated by the note on Attachment 4, the Plat which subdivided Block D. lb. All landowners whose lot lines are being adjusted shall provide written consent to the application. Attachment 17, is a July 13, 2001 letter from Land Guarantee Title Company indicating that Hines Highlands Limited Partnership is the owner of Block D, Lots 2, 5 and 9B. Attachment 18, is a letter from the applicant consenting to the application. lc. The corrected plat will meet the standards of this Chapter, and conform to the requirements of this Title, including the dimensional requirements of the zone district in which the lots are located, except in cases of an existing non- conforming lot, in which the adjustment shall not increase the nonconformity of the lot. The plat shall be submitted and recorded in the office of the Pitkin County Clerk and Recorder. Failure to record the plat within a period of one hundred eighty (180) days following approval shall render the plat invalid and reconsideration of the plat by th Community Development Director will be required before its acceptance and recording. :7 • James Lindt & Steve Clay July 17, 2001 Page 5 The applicant will comply with this standard. The Plat will be in conformance with the Aspen Land Use Regulations and will be recorded upon approval by the City Engineer. ld. It is demonstrated that the lot line adjustment will not affect the development including any increase in FAR or permitted density of the affected lots by providing the opportunity to create a new lot for resale or development. A plat note will be added to the corrected plat indicating the purpose of the lot line adjustment and recognition that no additional FAR will be allowed with the adjustment. As previously noted, the AHV PUD Guide controls floor area as well as the permitted uses and density in AHV PUD. The Plat includes a note indicating that floor area is not affected by the Lot Line Adjustment. Summary This application requests a Lot Line Adjustment to AHV PUD Block D, Lots 2, 5 and 9B. The proposed action places sections of building 5 that currently reside in Lot 9B into Lot 5 and sections of building 2 that currently reside in Lot 9B into Lot 2. These areas house mechanical rooms, stairwells, elevators and storage areas. The Lot Line Adjustment will allow the owners of the buildings/lots fee simple ownership in their entire structures. Fee simple ownership is preferable to an easement because it avoids a situation where an owners does not own an entire building. Although granting of an easement may be an easier process it is less desirable for the future owners of the buildings. The proposed change complies with the Code standards identified in this letter. Please refer to the following attachments. 1. 8 1/2" x 11" vicinity map; 2. 11" x 17" copy of page 4 of 10 of the AHV PUD recorded at Plat Book 47 Page 4; 3. 11" x 17" copy of drawing A005 from the AHV PUD Final Draft Detailed Submission Consolidated Plan, the Site Specific Development Plan; 4-9. Supplemental Plat of AHV PUD Block D (11" x 17" and 24" x 36") 0 0 ATTACHMENT �- Yuriniiy Mirp N. T.S. James Lindt & Steve Clay July 17, 2001 Page 6 10. Board of County Commissioners Resolution 98-79 which granted the AHV PUD Final Plat approval; 11-15. Fifth Amended Plat AHV PUD Block D, Lots 2, 5 and 9B (11" x 17" and 24" x 3611); 16. AHV PUD Guide Section V, Area & Bulk Requirements of the PUD Guide; 17. July 13, 2001 letter from Land Guarantee Title Company; 18. July 12, 2001 letter from Hines authorizing Davis Horn Incorporated to submit land use application; 19. Fee Agreement; and 20. Pre -application Summary Sheet. Thank you for your assistance with this land use request. Please call me if I can provide any additional information. Sincerely, D S HO INCORPORATED GL HO N AICP cc: Greg Karcvewski ASPEN H/C//L4NZ13 vjdlkr P.U.D. PINAL PUT SWAURT TABU 1ALAWff SCALE. 7 = 120' GRAPHIC SCALE (91 MT) 1 b k - in R Ar&roon C}-L i Road I / 'La Je► 14 axe Ar a.,r / I / b C 0 OQ`s / 'IRV s� ' I if✓ ° toe / k W3 ac. �b I' COY A — Ala Cr AW Liter ,...,� II �I 9 I B / 7 r- lI 18 �o�l 10 s 5 I � 3 'J Common A'ea 4G I I 12 / 1 16 i &XV ev 15 J 1/19 Swr 14 rim La//. ' J. At Caw Ah__ ll�e a .-..+•I - IAe .e'er °+M t•.-ew ra ..wM r/� .vr.• Te I/a d Ss1M /I 110 S. RG7 f91 PY, b wv &M A-b.rwl R O e.t.lrr w .ru-r.-r.�~• nvw M AVM R7 L (rrS 72M L 201ear • t .a,� srI oewwaw ay1 A �� � P•—.a ar LS 701J1 -- ..�-I� .e. n.w.rt Ip •w arr .� t.S 7011E — MW - dn11 e9' Common Area 3G ,3 14 I i C 13 I N I Highlands a a Asp e 1 an 11.51 ' Bl o ck` B q7sii ��� LS1-r16d1n `'• 2.652 LJ7Q. I t 07 e P I \ I J I 2.717 ac. u ��, �\ \ �V Parcel 3 LO H/c Ck H 8.346 ac. Ski Easement Highlands Area nj 14' a.ammtw AlT• u ". � V 1 r Ski 9 —mmt �,i = 5 s LL ,Z. 435 a c�_,'%\' Common Area /A 4 \ \ 1 \ Easement .....'. •��j�Ta�a�F'.17 or-=.,wt;r7m.7X-M.40 .�7 :. SMIM IBM orr-a W r s�srr+-La �nr�- m W -i ar.7r27 s.-sras� n2morM. M. rm rTr� wr .•. �■r:.-fry MEM ©iT.'x=�+).T�tfiT:� ITF;•SA�.'•57 c ®Rl�'7efFsa MMM mM: © -rrc-;-,sue M - -11- mr�TiStTL7� o�m tlTJI.7F.•'f ;7� ®I.' t'TP7S7� ®/.".x 1vlS7p LMF 7A&X LK 011111[7. LLTCIM Lb X 1e LIl MUWVQT I 1Q9r LK 79.77 L4! XWWWHWI #1ST LN y 1 L:I117 146 .O.Y LN L17 y 1170 woo LM 1170 LN .dJ. L.70 71.90 L51 f37 xiL17 K01 L54 Ter SSJI LSl v2J LM 1911 L57 77.51 Lsa xJ9 W Lao H 11M Lot J7. 19 La7 e1.70 Lu [F Leo Lb QI !td nJa Le• J1-17 L07 J7 JD w .71 L. jam L70 !A L71 L77 ^Y 411L7 /am ..I s..A DI27 L7J 04 L 2TI L70 7I JO a c a a 921848 Final SE Pla It 70ct99 o, is | �--'------ ----' ' --------------- � - _ | ! ! � � � | 777-,, LEGEND �v Jr. ENT --------------------------- ------------------- i | | | ! / KEYPL,. ' . ' � � ^ _- |40, _ |-------------� ! ' '-----' ..==,". . -°= � ASPEN' "IRANDS | — ' |D A Y � --~ l / v | � ' --- | / !Ile i ! - � | � . - ' SITE ,`^m � r� ! `..Ot_ � i7K A' 3 SURVEYOR'S CERTIFICATE I, Kent A. Kriehn, do hereby certify that I am a Registered Land Surveyor licensed under the lows of the State of Colorado, that this Plot is a true. correct and complete plat of Aspen Highlands Village P.U.D., Block D. as laid out, platted, dedicated and shown hereon, that such plot was made from an accurate survey of said property by me and under my supervision and correctly shows the location and dimensions of the lots, easements and streets of said subdivision as the same are slaked upon the ground in compliance with applicable regulations governing the subdivision of land. In witness thereof, I hove set my hand and seal this Z} day of-L�ILMS&B, 1999. Q�pO REGfy�`, Kent A Kriehn. P.L.S. 16836 A _• f AND Ply TITLE EXAMINER'S CERTIFICATE Land Title Guarantee Company does hereby certify that I have examined the Title to all lands shown upon this Plat and that Title to such lands is vested inHines Highlands Limited Partnership a Delaware Limited Partnership free and clear of all liens and encumbrances, except as set forth in Land Title Guaontee Company. Title Commitment No. 038G210-.e and as shown on this plat and in the Master Decloration. and as follows: Dated thia�(Q day of_1ii;0J1eMPAeW- — A.D., 199f ]en Agt._(e�Ldj��(¢u/Ajtrl�islfe6�%iC�D�1_��l!/ STATE OF COLORA00) SS COUNTY'OF PITKIN ) The foregoing instr men as ackn�owled$ed be (we me this _Dday oI_Sf�Lb._S>t r__. A.D. 1999 by ZR_Llt> _ /i ___os Title Examiner for Land Title Guarantee Coorripony.. (/A My commosion expire& _Z�IS/�yrO�-_--- WITNESS my hand and offical seal. Not Public 9"It' JANICE L. JOHNSON t NOTARY PUBLIC t STATE CK Ci1! DRNyO SUPPLEMENTAL PLAT ASPEN HIGHLANDS VILLAGE P.U.D., BLOCK D SECTION 14, T10S, R85W OF THE 6TH P.M. PITKIN COUNTY, COLORADO i I IjI 1 ASPEN I i I SIZE SCALE: t" = T5O0' VICINITY MAP TOWNSHIP tOs RANGE BS W BOARD OF COUNTY COMMISSIONER'S APPROVAL This plot will be followed by a series of plats and/or condwninium mops which wit be recorded pursuant to the Colorado Common Interest Ownership Act, and meets the requirements of Pitkfn County Board of County Commissioners Resolution 97-167. Vt4 Chairman -M Pitkfn Courtly Board of Corrinissidners xIIV COUNTY ENGINEER'S APPROVAL This Plat is hereby approved for content and form only and not to the occuracy of the surveys, calculations or drafting pursuant to C.R.S. 1973, 38-51-102, as omended, by the Engineer of Pftkin County. Colorado, this __ �B day of 1999. i Bud Eyf$'. Pitkfn County Engineer ACCEPTANCE FOR RECORDING This plot of Aspen Highlands Village P.U.D., Block D, is accepted for filing in the Offce of the Clerk Grid Recorder for Pitkfn C�you�nty, Colorado, this ----!r�� �_d�o,y of .� 1999, in Plot Book _-bL_ at Poges_9j 7eand Reception NG.____g�tIY12�_ E kVW&ha6F* ♦8r clerk and Recorder A-rTAOMEWT 4 CERTIFICATION OF OWNERSHIP Know it people by these presents that HINES HIGHLANDS LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP, being the owner of certain lands in Pitkfn County, Colorado, described as follows: Block D, Aspen Highlands Village P.U.D., according to the P.U.D. plot recorded at Reception No. 423215 in the Office of the Pitkfn County Clerk and Recorder, containing 11.023 acres more or less; have by these presents laid out. plotted and subdivided the some into lots os shown on this plat under the name and style of Aspen Highlands YJloge P.U.D.. Block D. EXECUTED this _-i!&—day of A.D., 1999 OWNER: HINES HIGHLANDS LIMITED PARTNERSHIP P.O. Box 5115 Aspen, Colorado 81612 87 ASPEN HIGHLANDS SKIING CORPORATION, A DELAWARE CORPORATION General Partner VIAL President President STATE OF COLDRADo) ss COUNTY OF PITKIN ) The foregoing instru��mAe�nto< acknowledged before me this day of--��-- _. A.D., 7999 Dy. _JAflL��GIG_Oa _—President of ASPEN HIGHLANDS SKIING CORPORATION, General Partner of the HINES HIGHLANDS LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP. My commission expires:-__,<L[L1V_*�'✓_L�i WITNESS my hand and office[ seal. - -_-- IpOTARPl; Notary u AUBLIG 7 - I �_ �tno�lep�0 WIXaellnle,o�c nu.e xe be de Counr.d RTY.+r�r Sne dCdwsm, day rb nYr Sale dColwWo I nT ARFAr1 LOT AREA (ACRES) 12154 1. 0.532 t S 0.530 6 0.058 ] 0.379 9• 1.659 TR1CT P A Tf A 1. 39 a .CT PLA DT 9 g.117 DISTRICT PLAZA LOT I1KIPoCT WAY T %060 DI5 T "AY LOT E• 9,947 1MCT OT F 0.665 PROSPECTOR ROAD 0.216 PAPPEMOL ROAD OLM TOTAL II. •OvERLAP LOT e A DISTRICT RDWAY LOT E 0.03] TOTAL LOTS AT GRADE il. RAC 1. 9B" I.0 r�ia�inWu�a texas roT�aoomr .nBO°eo oala�oa to SHEET INDEX T T)TLE SHEET 2 GENERAL NOTES 3 LOTS AT GRADE 4 LOIWR LEYEL LOTS 5-6 PLAT SECTIONS ALPINE SHEET _ = 1 OF 6 ENGINEERING INC eD ARM MOOA CENTER o • e .gQ,yZeax 97 970 9M-3373 FAX M-3390 . ,'06#O3O25 GENERAL NOTES I. Parce ses The Purposes of the plat are as falae,: c-To resubdivide the subject Property into c toin Lots pursuant to and as shown on this plot. b.To amend certain men r is. pursuant to and as how existing eesernents and to create n w easeshoon this plat. surface cTo create cwtuin estates above the ofthe ground n complionce with C.R-S. 38-32-101. et sea. 2. Basis of Bearino: No,,40'43"E between the St/16 Corner, Set. 14, T1OS R85W (found USDA sum. cap) and the W 1/4 Comer. Sec. 14. T10S R85W (found BLM brass cap). 3. Basis of Elevafim: Benchmark (TSM) as dericted an the Aspen Highlands Village P.U.O. final plat, Elev.- 8039,59'. 4. NOTICE, According to Colorado low you must commence any legal action based upon any defect in this survey within three years ofter you first discover such defect. In no event may any action based upon any defect ih this survey be commenced more than ten years from the dote of the cwtificotion shown herein. 5. Calls i �mve - July 30. 1999. 6. Pl1D Plat Easements. All easements existing m the subject Property os of the dote of recwdng of this plot, including, without limitation, ilm l easements referenced an and/or created by that certain find plat of The Aspe Highlonds Wiage P.U.D. recorded n the Office of the Clerk and Recorder of Pitkin County. Cdanodo. m Ocn toD. 15, 1998, undw Reception No. 423275 (the -PUD Plat"). remain n face and effect for this plat unlsee epselfrcally modified or amended or otherwise indicated an this plot. 7. Drama Eo eon t RNocaf That certain '20' Drainage Easement" (the "Drainage Easement") loeoted across &ink D was creates by the PUD Plat and was reserved to Hines Highlands Limited Partnership by Note 3 on the PUD Plat. As the sole hdtler o1 the Drainoge Easement, Hines Highlands Limited Partnership hereby amends and relocates said Drainage Easement and limits its scope as follows: (i) the Drainage Easement is hereby relocated and redimensimed to the wee identified and described an this plat as "Relocated Drainage Easement", which description shall supwtede and vocate the location described on the PUD Plot: (o) the Drainage Easement located across the Lots created by this plat Is hereby limited in scope to only such area of any affected Lot that Has below the Ilowest Moor of any and ill building improvements constructed upon my such affected Lot from time to time, M limitation to be identified upon my map or plot that further subdivides my affected Lot; and (iii) the right of Ingress and egress to the Drainage Easement shall not include the right to enter upon improvement located obove the Drainage Easement without the prior consent of the owner of such Lot and improvements m the homeowners' ii-eciation monaging some. 8. District Drainage Easement. Hines Highlands Limited Partnership hereby grants and conveys to the Aspen Highlands Village iwwnwcia a ropor on District, (the "District") oe of the rights of Hines Highlands Limited Pwtnwahip n and to Me 'D ainage Easement" located across Block D as identified on this plot, as that Drainage Easement has been relocated, amended and limited by Note 7 an this plot. Put -art to a separate agar all whereby the the District shill accept lints conveyance, the District shall ogres• to the e.tent permitted by Cdoroffo Lo., to Indemnify, defend and hold harmless Hines Hiighlands Limited Partnership and ill present and future owners of my and all Lots created by this plot that ore encumbered by the Drainage Easement from and against any and ill costa• expenses, claims. liabilities. losses or damages, including reasonable attorneys' fees (and legal assistants' fees), resulting from the use, operation, mantenmce or existence of the Drainage Easement or any drainage facilities located therein. 9. Vacated Utility and Sewer Eosemenb That • venom Utility Easement located across District Pima Lot A and Lot 4 ond identified as "Utility Easement - Vacated" , and those c-toin Sewer Easements located on District Lot F and Lot I and identified as "15' Sewer Easement - Vacated" (collectively. the "Vacated Easements") on this plot were created by the PUD Plot and were reserved to Hines Highlands Limited Partnership by Note 3 an the PUD Plat. As the sole holder of the Vocated Easements, Hines Highlands Limited Pwtnerahip hereby vocgtes the Vacated Easements. 10. Aspen Highlands Mountain Road.av Easement. Hines Highlands Limited Partnership hereby grants and conveys: non a Tuave, peeps ua eosemen an .crass and through the District Roadway Lots to Aspen Highlands Mountain Limited Liability Company, its successors and ossigns, far the purposes of ingress and egress to and from Moreen Creek Read and the Resort Area (as defrted in Note 17), subject, however, to the reasonable rules and regulations gowning such District Roadway Lots. ill. Hines Highlands Limited Partnership far itself and its specifically designated successors, oselgns and licensees, her eby reserves and grant$ the following perpetual, nonexclusive easements and rights of woy a- Utility Easement An Easement upon, ow, across and throtiS t those porticos of this plot designated "Utility Easement", "District Roadway Lot", "District Plaza Lot" and District Lot" war the purpose of: (i) usng, installing, constructing, maintaining, improving, repairing and replacing drainage. water and utlily facilities of any kind or nature whatsoever, including but not limited to. star. drainage facilities, fire hydrants and related fire protection devices..onitwy sewer lines• note, lines. svoemoking Ines, snow retell system lines, cable television lines, lift optic Ines. and other communication facilities, (ii) Manage of water flowing from other lands, (iii) underground water storage and distribution focsilies and (iv) vehicular access for installation and mantenmce of soon uteri ies, to with a pwpetud right of ingress and egress to and from such Eos Purposes').t (collectively, hinafter referred a a "Utility Hnere es Highland! Limited Pmtnwship reserves the right, but has no oefwreation, to Secord a document specifying the boundaries at specific easements within the above -described easement meos at my time or from time to time after improvements related to such Utility Purposes have been constructed. b. Access Across Lot 1. To itself, its successors, assigns and licensees, as well as for the benefit of the %wiaxnl and future *wows of Lot 9A and Lot 9B, together with their respective assigns. invitees and licensees, m Easement far pedestrian and wiculor access, ingress and egress to and from Lots 9A and 98 and any irnprovemenls aon6lrutted lh'so. or to be constructed thwewt n the future o and across Lot 1 and those inprovemenl. ems lruct sal thereon m to be constructed thwein in the future designed to *ccwnodate such access. Such access is hereby limited to those meas reosmobly necessary to obtain access, and shall not be deemed to affect pwtims of Lot 1 under construction m chose areas where building improvements not designed far such access are emstructed, se long as there is a reasonable and appropriate memo of access to Lots 9A and 96 over and across Lot I Upon recording of an Instrument granting specific areas over and mron Lot i which provide reasonable access to Lots 9A and 96 and executed by the o of both Lot 1 and Lots 9A and 99. the easement created by this Note may be vacated with respect to the remainder of Lot 1. c. Pedestrian Access Avon Lot 1. To itself, its specifically delegated successors, assigns. and licensees. as well as for the benefit of the owners of Lots 2 through 8 inclusive, the Aspen H'xpsands V41age Association and for any .inners of any milt cr..led pursuant to the further .ubdivisian of said Lots and/or the uses thereof, togetherwith then respective assigns, invitees and licensees, an Easement far pedestrian access, ingress and egress to and from Lots 2 through 8, inclusive, the District Roodwey Lots and the District Plaza Lots, over and across the elewtms. hallways, corridors• stairs and walkways of the parking facility improvements constructed m to be constructed an Lot 1. Such access is hereby limited to those areas reasmobly necessary to obtain access, and shall not be deemed to affect particle of Lot 1 under constmction or those oreos where building improvements not designed far pedestrion access we constructed, so long as there is a reasonable and appropriate mews of zaccess to and from Lots 2 through B. inclusive, the District Roadway Lots and the District Plaza Lots over and mross Lot 1. d. Access Across District bete, An Easement for pedestrian and vehicular access. ingress and egress over and ocroes the District Roadway Lots, the District Plaza Lots, and the District Lots. Without limiting the generality of the toregong, this Easement may be used fan ingress and egress of resort and mountain operations ,7icles and heavy equipment and vehicular construction traffic. Lot 1 Easement To itself, its specifically designated successors. assigns and licensees, as well our for the benefit of the current and future owners of Lot 1, together with their reape_ctive assigns, invitees and licensees. an Easement ow d across that portion of Let _ identnrted an this Plat as Lot 1 Easement" fan Me purposes of the following: (i) access. ingress and egress to and Vain Lot 1 and my improvements constructed therem in the future, (ii) the existence, maintenance, repan, replacement. Improvement and use of Me wetal.tm located within the Lot 1 Easement. (ill) the existence and use of the elevator ithn the Lot I Ect.—wit. (iv) the right to place appropriate signage within or near the Lot I Easement, and (v) the montenmce, repair, replacement and improvement of surface area within the Lot 1 Easement, including, without limitation, the stairs. landings, walla, flaming and ceilings located within the Lot 1 Easement and any lighting contained therein. The walls, roof, Ion and other structural items comprising any improvements which me subject to m located within the Lot 1 Easement, as well as the elevator located therein and the mechanical systems serving same, shall be maintained in good miler old repot, by the current or future owner Gf Lot 7 (m the association formed to gown the improvements constructed or to be constructed an Lot 7). SUPPLEMENTAL PLAT ASPEN HIGHLANDS VILLAGE P.U.D., BLOCK D SECTION 14, T10S, R85W OF THE 6TH P.M. PITKIN COUNTY, COLORADO 12. 4000rt Easeis There Is hereby created, granted Old reserved far the benefit of Hines Highlands Limited Partnership and the current antl future ow ere of the District Roadway Lot., the District Plaza Lots. and Lots 2, 4, 5, 6, 7 and 8 (collectively, the Benefited Property'), and then respective succeesm6 and assigns, a nexclusive. Perpeluol, absolute easement M. upon• across old through Lots 1. 4, 7, 8, 9A and 9B (the Burdened Property) for the existence of those elements of the structure constructed (or to be constructed) m the Burdened Property that support the improvements located (w to be located) an the Benefited Properly including. without limitation, the columns and footings supporting some (the "Support Elements"). A veld end proper easement for the support of ail such improvements. so lang as they exist. shall and does exist. In the vent any such Onprovement is pwtiolly or totally destroyed, and then rebuilt in substmtiaky the sane location antl-bstmlidfy the same size and structure• a valid and proper easement for the suppot of such new improvements shot[ and does exist. The current and ruture owners` of Lots 9A and 90 (or the assacwtim(e) formed to govern the improvements constructed or to be constructed m Lots 9A and 98), at its sole cost and expense. shall mnntan and adequately insure the Support Elements for the benefit of the current and future .rows of the Benefited Property such that the Support Elements remoin in good -der and repot. Hines Highlands Limited Partnership hereby grants and reserves to the current and future oener of Lots 9A and 98 (m the ii-oaation(s) formed to govern the improvements constructed a to De cansbutletl *n Lots 9A god 98). ion itself, its successors and assigns a nanal exclusive perpetu, absolute easement far access M. upon, across and through the Burdened Property for the construction, mantenonce, report and replacement of the Support Elements, 13. District Dodtealian. Each of the Lots an this Plot identified as a "District Roadway Let.' as a "District Plaza Lot and as a DI tricl Lot are hereby dedicated and conveyed to the District and shall hereinafter be hold by the District. -biact to the rights and easements rseerved or granted an this plat. The District shall have the right to subject such Lots to its rules and regulations. including, without limitation, the right to restrict vehicular access to portime of the District Rood"y Lots. District Roadway Lot D (Boomerang Rood) and District Roadway Lot E (Prospector Road) depicted an this plot delineate the specific boundaries of those previously uncreated roadways 9-..fly illustrated in the Aspen Highlands Detailed Submission Consolidated Plan recorded at Reception No. 423269 Old in the Aspen Highlands Vdloge PUD Plat recorded at Reception No. 423275 as Boomerang Road mtl Praeri-tor Road. respectively. 14. Encroachment Easements. There me hereby c,eeted, granted and reserved for the benefit of HrItts Highlands Limited Partnership and the current and future owes of the District Roadway Lots. the District Plaza Lots• and Oil other Lots depicted on this plot (the"Lots ) (a,the associations formed to gown the improvements constructed or to be constructed an the Lots), and their respective successors and assigns. and the improvomants locofed or to be located an any of the Lot., and of portions of them• easements far _-.ad- is of any portion of 9 the improvements within my Let constructed in mon cordce with the Detailed Submission Csolidoted Pion recorded at Reception No. 42326, as follows: a. In favor of the current and future ownw of m hdtler of my easement in and to each Lot (or the associations formed to gown the improvements costructeor d to be constructed m each Lot). so that sum owner, holder or association shall nave no lnegal liabiity wen my owl of the improvements located or to be located upon o Lot encroach upon onootthe, Loot, bur In favor of the current and future f m hdtler of my easement n and to each Lot (or the exisii-t ions lamed to gown the improvements constructed m to be constructed m each Lot) for the exist once. mantenmce. repair and r.pl---t o1 such-crooanment6. The encroachments cowed hereby include. without limitation. encroachments of (i) my portion of a b 'Idinq OrfacdKy. whether structural or nmstnrctural• such ae walk. roofs• balconies, overhangs - cLix.. or any other type of improvements. such as recreotiond facilities m ams. enitiewalkways. paving, landscaping signs, gates menc fes Such encroachments may also include my air space ancrooehrwents. It is possible that encroachments cowed hereby resut from the conscious design of the opplicoble improvements in accwdmce with the plans and specifications therefor, but also cowed hweundw me encroachments caused by error or wrionce from the Original plans in the construction of my building or ifnprovement constructed an the property subject to this plot, by error in the plot, by settling, rising or shiftng of the earth• or by changes n position caused by repair m reconstruction of any Part of the improvements constructed within the Lots. Such encroachments shall not be conum sidered to be encbrances upon any Part of the Lots. In the event of my of the improvements located or to be located on the Lots is partially m 1o4oky destroyed as a resat of fire or other casualty or as a result of a taking by eminent domain or trmsf. in lieu thereof• and then rebuilt, encroo -is of prate of my improvements wit in o Lot upon my other Lot, ill due to such rebuilding, are alga Permitted. Valid a ents for ill such encroachments and the monntenmce of three easements me creeled by this plat and will continue in existence so long as any of the improvements within a Lot remain in pm lace. 15. Private Ski Easements. There is hweby created. granted and reserved far the benefit of Hines Highlands Limited Partnership, its specif ally delegated successors and a.sign.. and Aspen H""ghlonds Village Association. its .pacifically designated .uccessare and assigns. a perpetual nm-exclusive easement and right-of-way m ow, above, a-d oss and through th— pwtims of this fnplat designated "Private Ski Easement_, far the purpose of skiing• ulkizng other ow -the -snow modes of travel m otherwise trawsinq, using non -motorized or nm- mechanized moms, for ingress and egress over and across the Pr is Ski Easements- Hnes Highlands Limited Partnership expressly discloses that such Priwte Ski Easements mwely provide legal access fm the limited purpose reserved hereby that such Private Ski Easements are not a part of my ski wea, and Mat it hall no obligaton to and may not provide patrol servic s, mowmaking, groaning, or any ski area type services of My kind or notate an the Private Ski fallen ents. eAt my time. Me Priwt< Ski Easements may not hewn sufficient snow cow or skiable conditions er to accommodate skiing or othow-the-snow modes of travel. In addition throe is hereby created, granted, and reserved for the benefit of Hines Highlands Limited Partnership, its successors and 0-19ns, and Aspen Highlands Village Association• its successors and assigns. a perpetual non-exclusive easement and right-of-way an, ow• above, across and through .II -any portion of any Private Ski Easement. for access and montenonce purposes• utiizug motorized and non-mot-ized vehicles or equipment, with the express underalmdng that neither Hines Highlands Limited Partnership nor Aspen Hgliands Visage Association .hot[ hove any obligation .hot__ to perform my mantenmee sarvtces upon m within Me Private Ski Eeewasert., and that any such service. will be provided in their sole discretion. Owners of Lots shown an this plot we hweby granted the right, but not the obligation• of such owner's sole cost and expense• to exercise linked non-matmized and non -mechanized snow maintenance activities an the Private Ski Easements By accepting o deed I a Lot shown an to 3 plot or any subdivided unit thwein. Owws hereby release and fore. discharge Hines Highland, Limited Pattnership, Aspen Highlands Wloge Association, and owners of Lots from and against my nobility of any kind or nature• including without limitation, ordinary negligence, restating from the use or once of a Private Ski Eosemenl by themselves or their Guests (03 defiled in the Most. D.WoreUon (herenafter defined)). This releose is intended to be a comprehensive release of liability but is not intended to assert defenses which ore prohibited by low. Notwithstanding the foregong Note 15 provisions, nothing herein shall be construed as granting any public er quasi -public rights to the Private Ski Easements. 16. Three Dimensional Lots Lots 1, 2, 4, 5, 6, 7, B. 9A ono 9B and District Roadway Lots and the District Plaza Lots on this plot have both wticd and horizentd dimensions and boundaries. 17. Resort Area. The Lots included in this plot we benefited by the fact that they arc located odpcent to at neon a skiing and resat area, together with the .—elated Ski Easements (as identified m the PUD Plot) (collectively the "Resort Area ). The Resort Area represents a unique and deeaable amenity that includes any ye --round activities: as such, the Resort Area is expected to genets an unpredictable amount of light, noise, odors and snowmoking owsproy associated with snowmaking and snow grooming octivilies• ski met, operations and vehieulm and pedestrian traffic• including but not limited to. buses which may trmsWt skiers and others to, from and around Aspen Highlands Village. In odditim, there is expected to be additional construction -related activities new the Lots included in this plot which may -out in noise, dust and other disturbances. Owners and occupants of the residences or units located an the Lots included in this plot can expect to be subject to the foregoing from time to time. By accepting a dead to any portion of a Lot in this plot or my unit created in any project constructed upon a Lot in this Plat, the owner thereat acknowledges that such property may be so affected and waives and relinquishes my right to object to the foregoing actMties. ATT?ff . 18. Roadway Use. The roadways within this Plot will Degress of used for ingress and egreof (i) resmt and mountain 00wotlons vehicles. including but not limited to, trmeportetion, maintenance old crostructian vehicles, and (9) heavy q,wipment and vahieubr construction traffic withinAspen Highlands WHage. Such traffic will -eat. disturbances, including but not Imited to. on unpredictable omount of noise, dust and odors. Ownws and occupants of the residences and/or units located an the Lots of this plat can expect to be subject 10 the foregoing from time to time. By accepting a deed to any Portion of a Lot In this plat or any unit created in my project constructed upon a Lot in this Plat, the owner thereof ocknowledges that such property may be so affected and waives and relinquishes my right to object to the foregoing activities. 19. PUD Guide The land Included n this plot is subject to the terms, conditions and provisions of the Aspen Highlands Village Planned Unit Development Guide recorded in the Office of the Clerk and Recorder of Pitkin County, Colorado, m October 15, 1g98. under Reception No. 423274, as the some may be amended from time to time. 20. Master Oecaration. The property within this plot is subject to the terms. conditions, ---is and provisi cantoined in m established by the Decimation far Aspen Highlands Wage. recorded in the Office of the Clerk and Record. of Pitkin County, Colorado, an October 15, 1998, under reception No. 423272, as the same may be amended from time to time (the "Moster Declaration ). 21. Sills Report A site specific geotee"ical report, prepared by a Registered Professional Engineer is required for ill 9tructurea Door to the issuance of a budding permit. 22. Reserwfian of D rot t R'altt Hines Highlands Limited Partnership hereby reserves, far itself and its successors Old assigns• the right to furthw subdivide the Lots as depicted on this plat (including. without limitation, by subjecting the some to condominium - planned community decimations and forms of ownership) to the fdlsst extent permitter[ by tie Aspen Highlands Village Planned Unit Development Guide and the development approvals related thereto, the t to ter upon the property for the performance of any work, far the development of the subject property, and the right to grant aM m dditioreasements with respect to the subject property, as more epecifitcatly set forth and reserved in the Master Decimation. Declorant has reserved the right to develop, construct and sa8 the development *s approved in the development opprovals for the Aspen Highlands Vikoge PUD and res.res the right to grant further easements as may be neussory for the devepmen lot. 23. No Mww The Easements reserved by Hines Highlands Limited Partnership shill not mwge with my fee interest owned by Hines Highlands Limited Partnership either presently m in the future but shall remain separate and distinct property rights of Hine. Highlands Limited Partnership, its successors and assigns, until relinquished in accordance with low. Any easement, right or power reserved to Hines Highlands Limited Partnership, its successors and assigns, inthese General Notes shill remain with Hines Highland, Limited Partnership and shall net be deemed conveyed, assigned or otherwise transferred to my Party unless and until a written its w other evidence of transfer xecu fed by Hines Highlands Limited Partnership and recorded n the Office of the Clerk and Recmder for Pitkin County, Colorado. 24. Successors and Assigns The specifically designated successor. and assigns of Hines Highlands Limited Partnership as used herein shill be deemed such a successor old assign for the purposes hereof only 'rf specifically designated by Hnes Highlands Limited Partnership by an instrument recorded n Pkose County and only to fic Particular rights and ntwe.t. specif ally designated thwein. 25. This property is subject to the terms, conditions and provisions of special covenants, restrictions and provisions recorded undw Reception No. 409939 in the Offfice of the Pitkin County perk mill Recorder. 26. This property is subject to the terms, conditions and provisions of Amenities Declaration recorded October 15. 1998 at Reception No. 423273 in the Office of the Pitkin County Clerk Grid Ree-der 27. This property is subject to an Easement Agreement (Block D) recorded at Reception No. 423258 in the Office of the Pitkin County Clerk and Recorder. 28. This property is subject to terms, conditions, provisions and obligations concerning parking facilities and commweid units as in evidenced by mamandums of agreement recorded at Reception No. 423279 anal Reception No. 423280 in the Office of the Pitkinun County Clerk and Record.. 29. This property is subject to terms, conditions, provisions, obligations, easements and rights of way as set forth in nstrurrnents recorded of Reception No. 423281 and Reception No. 423282 in the Office of the Pitkin County Clerk and Recorder. 30. This property is subject to the terms, conditions and provisions of trench. conduit and vault ogrsamenl recorded st Reception No. 426421 in the Office of the Pitkin County Clerk and Recorder. 31, This property is subject to terms, canditions and provisions of agreement recorded in Book 407 at Peg. 648 and assignments thereof recorded c Book 734 at Page 685 and Book 734 at Page 848 in the Office of the Pitkin County Clerk and Recorder. 32. This property is subject to easements ono rights of way for ingress and egress. water diversion. water pipeline, rood rights of way, parking, utility Ines, sews, Ines, leaching fields, gas lines, poww lines, and ski lift maintenance purposes, and the terms, conditions. Provisions and obligations contained therein, as set forth in instruments recorded in Book 191 at Page 15 ono Book 195 at Page 231, in the Office of the Pitkin County Clerk and Recorder. 33. This property is subject to terms, conditions and provisions of Water Service Agreement recorded at Reception No. 422782 and fiat addendum thereto recorded at Reception No. 422783 in the Office of the Pilkn County Clerk and Record.. 34. This property is subject to terms, conditions and provision. of Row Water Agreement, Irrigation. recorded at Reception No. 422780 in the Office of the Pitkin County Clerk and Recorder. 35. This props,ty is sub)ect to terms. conditions, provisions, obligations and restrictions as contained in the Aspen Highlands Detailed Consolidated Submission Plonrecorded at Reception No. 423289 and as set forth on the Detailed Submission Plan Maps fecorded in Plat Book 46 at Page 44. ill in the Office of the Pitkin County Clerk and Recmdw. 36, This property is subject to terms, conditions and Provisions of calsetim Systems Agreement recorded at Reception No. 4M277 in the Office of the Pitkin County Clerk and Recerdw. 37. The Drevimel recorded easements and instruments listed obove as gppiicmle to the property subject to this plat may be modified at vacated pursuant to the terms of any such easement or instrument and this plat need not be amended or referenced to effect some. 38. This plot will be followed by a swiss of plots cad/or condominium maps to be created pursuant to the mman Interest Owt Colorado Coership Act. C.R.S. Section 38-33.3-101. et. seq., as contemplated and required by Resolution 97-167 of Pitkin County, Colorado. ALPINE _ = = SHEET _- - - _= 2 OF ENGINEERING INC. EDwARaS (A9 n CDl(R r P.o. BOY 97 EDwARM 00_oxxpo M.J3 • 9]O 9_6-3J]J r6x R76-33W • d0BJ0.I0L W SUPPLEMENTAL PLAT W ASPEN HIGHLANDS VILLAGE P.U.D. 2' NTTNESS CORNER NV LINE BLOCK D 20' UTILITY EASEMENT VIA j CENTRAL UTL 13' SEWER EASEMENT AEC. #423275 EASpIFMT 2' - VACATED SECTION 14, 110S, R85W OF THE 6TH P.M. / ,T REC N23275/✓� ` r CENTRAL UTILITY T> A EASEMENT /1 I +e, Ati C. P I TK I N COUNTY, C O L O R A D O Nz32 �� BENEN MARK - 1 J7S/� ASPEN HIGHLANDS SUSDIV5ION 2' ALUM CAP ON REBAR ,., ' & c9„ , ' I I a • '�g�i 1 E5/ZO,JS SEE DETAIL FOR ELEV-9039.59' J. . EASBAENTS IN THIS AREA 1 G I LEGEND F-< / �' 2~0�'yo-` I olSiseCT i A�v`�FB " 1>s ej'al L LOT F - _ � 1 �\ u aMACE tJJ DISiRIC _ _ _ _ _ _ _ EASEMENT AS DESIGNATED \ t { �b _ CI I 'i) L / xp unutt E YYwt �' to \// REC. #423275 AEc Nx3ns + �� 1 ( SEMENT 20' DRAINAGE /•\ Tx• \ r — _ _ y_ _ 4•\Y BASEMENT -- — EASEMENT CENTERLINE 20' rNocaNE m oan pert, _ — \ a _ _ REC. #423275 —_ EASEMENT VACATED BY THIS PLAT bb I 'tr 1 �7T, L - - ' - �« N23i75 e11 �3M' nn"� \ t. 0 SET 5/5' REBAR AND 1-1/2' ALUMINUM CAP LS/16636 FfDo / �1 1/ Q//�\}SDO� 'e� Ice R ••• yam.•. 11 U,lr — ! ,4` __ i` y •{e Y�•� / / % +B- 6 — cJe R GyA 0.' �.wA�D--••'f• (,15' SEWER EASEMEENI c — SECTION (,•. Sheet 4 fa mare ,Peclr Iocati ) A% i G `X Z1 �r \47 \ E'1 Z 'SwT6' - VACATED m✓r?z�, e 15 SEWER T \/ c NOTES: .TAP, / - VACATED/ .� 27g < \ pT_ DETAIL , y' \ b O w L16 1.' S46'{7'32'E 1. LESS OTHERWISE DEPICTED AT THIS PLAT ARE NOT VERTICALLY UNITED / ! L17 10.3 T '37'23'W tRMLE55 OTHERWISE INDICATED. MAROdE CREEK /j/ EA6EMENT \ \ '�! 5' 042 75FYEN1 L17 17.0T T30'35-E \ \ •� REC N232]5 / L16 14.75' N31'26'16-W 2. SEE SHEETS S AND 8 FOR VERTICAL MEORYAIIDN. READ #423275 i L20 ,7 11N3 L' 't "W �10' UTLITY EASEMENT L21 16.41' S6427'S -W / 1SEE DETAIL 2 FORLu 1 1 �� EASEMENTS IN MS AREA °// REc. N2327s 123 { a-33' 'W dA LOT 3 L24 6.61 S58"3J'44-W / / i •1 \ / - L25 2'45'41'W L26 L26 23. 85' N34 '13" / S `;}B ?. �\ 2C pRA GEASEINENT BLOCK C LLp N ' 'W , BLOCK D _� �\ 4 (SEE GENERAL NOTE 7) ASPEN HIGHLANDS VILLAGE L33 Jt 1Y6 W (\; / /�// '\ 11.023 ACRES \ 4s U4 15,2111 $40� '0M'E 0 7<15 DRAINAGE EASEMENT \ j RECEPTION NO. 423275 L36 0.1 M]0'{9'20- _ \. R� REC. 3275 , • .•t1 n / \ /\ , / u7 17. 3' / GR�,,,.bcQd`eo / AND t unm EASEMENT \ '�� JE 4 \'4 \\\ .f°j�h // J \Cy, UnUTY AEC Nz3a75NT Us 9.4' N73Drp3•w RaRDv) a�1v A 38 LOT 1 - 25,0 \`3 'P ?�� 'E aP \ s\ \ ' tio '/t0° 1P. �✓'t�� G LOT 5 \t ri► ID 9' Y �'l 1 0� `� • t \ \ LOT 2 RELOCATED DRAINAGE / UTILITY EA! U ► 6 4A EASEMENT / q9 ��(� ai 1\ `J. `W / 'SEE GENERAL NOTE'<-- ( AEC "r\µ5 St].J7' C) ,+\`t. L0T 1 EASEMENT '7. gfG. �v;A ,+ycA�"Y \ tf / •oA / Ji rnsA•GA^E-„cs'yO Lzs 9s LOT 7 �,�,• ,r } .$mow /J \ � � / ;o. TIE TO BASIS Of BEAR/ ',3 J \ '� •t�+ t sd t \ wb ss \ 7:io' w SEE DETAIL ec"1'� UTILIT�,EAEACAIEMT \ ASPEN HIGHLANDS VILLAGE \ • P^- y.Ml - �� ; \QA B Cl RECEPTION NO 423275 j N ' LOT 8 ,�•A. �j .9.'�N 0 -PJ•"' '�'•Y, '4 V6' i� i 5a7'3suT -'� LOT a ; > 3m LOE � e u Ilvaw L11571ACT LaE M NO 4ROR �OII[O REK 2 •, ,�P •�'• \ too' 1H SERAI a 96r A `� '� � PLAZA LOT A S2 'IS C, "r \yam 1. LAWNY EASEMENT �/ \3M1,'��\, REC. 0423275 PRIVATE SO EASEMENT aL• AY7® 'YLLYL7�M�yy e�-"� aSM�i�C�' HEIM �lu SEI .� ®iS3+i�37�t�. +.'ice EK7�R6'Z8"Y'��K'� ©m � Mum slumm 7�1R1� �mmr_mmism � ®� SIR= 0EREM �T1®�Il•35�Si Y>♦ ®�:L:�iF�- ©� [1S to 1JiSSS4!'i�T�A'.Y•=1A7�F23*'r• �S"S ♦ �r Ia � � �$x! � mwTTm mr;vm OIS�'��F'�t!"�3'•���Ei6' 'y�� GFUM . � �.�� ��l! 1 Al•J�l�s �+l Eli L4.11 i m ®��+`•„mmulgimmo C, s s� v 9•� � 0.Y LOT 6 r / 1 � \ C1J SEWER AND UTILITY EASEMENT REC P423275 ' /IV ,Y // ! �• i DRAINAGE EASEMENT / P1RELINWJ OWLOW EASEMENT RFC. #423275 / LOT 9 j�JJ" yam_ �3 'raJ�• 3 \ - BLOCK E $ J REC #423275 ,1 / }. //� \y BLOCK H ASPEN HIGHLANDS VILLAGE RECEPTION NO. 423275 ' 1 E I �_ ASPEN HIGHLANDS VILLAGE 5' NTTNESS CORNER, i %VY/i fi Mj `"x1tT q� �' \ 15 EASEMENT RECEPTION NO. 423275►y / ON LINE �3� �i / r/` / p y�.\%;\\�\� VACATED pry, ,�, / EASEMENT \G \ 'L •� / ]SY HARDEN CREEK ROAD 2Yrft T REG� #423275 /y \ 4 \ \ S\ \ Mild �6 .•>! i o? 20' DRAINAGE EASEMENT �\ /Y"f ASPEN HIGHLANDS SK/ AREA i AEC. N232]5 \\ F !Ibf(, \. gMAINAfE EASEM4Ni ,e' r [7eY 564D4' Y uT LETY EASEMENT REC. 3 / EG. N23275 LOT 1 0423275 GRAPHIC SCALE n BLOCK G as PRIVATE ASPEN /AGN"NOS VILLAGE I BETAL 2 9c RECEPTION NO. 423275 SCALE: 1 -50 EASEMENT ( IN PST ) 1 +ROM = 50 R 1'M.nm c1, L-MG.6 R�.e6ar o-oni0r r_iA x4 oDs.1A-1M.,JSIrt °NR.enu • tu7wn Giro L�rr. 11-2nar. tl-w6=,r, r-rAr. Do-xsa•, wcrwviE=ttw � �,a Ao•owrr 11AMWRNAE LµSO[Ml [mr ) / acai`wmM' AriauPx(aN°x„9 ann PLAZA LEVEL SHEET 3OF6 ENGINEERING INC. TD OEDWAR BUSNESUERRAADRO •61632 01 97 • 970 926-3373 FA,( 925 "W . JOB,}' 03025 Ah • SUPPLEMENTAL PLAT ASPEN HIGHLANDS VILLAGE P.U.D. BLOCK D SECTION 14, T. IDS, R. 85W OF THE 6TH P.M. PITKIN COUNTY, COLORADO / LEGEND / LOT 4 LOT ON LONER LEVEL I (BELOW GRADE) X __ Lm 4 _ LOT ABOVE (SEE SHEET 2) LOT L THE SAME ON ALL LEVELS \ SECTION /J EASEMENT (zee 5nM1 2 Ip aX .osementz -.1 1M L.1 I EOF«nent �a lne ee...,eet dePKlea oe ue eR..�..,1 wew) � � / I BIOCN 0 BOUHo- � LOT 9A / 79.21' LOT 98 A, \\ C-7_- - -.-- 7 LOT tEASEMENT / / / \`. 3 � \ \ / u042j/ �� \ / 1. LOT 3 AND DISTRICT LOT F HAVE THE SAME BOONOARY AT ALL ELEVATI LOTS 9A AND 9B EXIST ONLY BEIp. PLAZA LEVEL AS DEPICTED HEREON, 2. DILIEHSIONS ARE GIVEN ONLY WERE THE BOUNDARY OF A LOT IS DIFFERENT ON THE PLAZA LEVEL AND THE LONER LEVEL SEE SHEETS 5 & 6 FOR MORE VERTICAL AND NORIZONTµ INFORMATION. SEE SHEET 3 FOR THE BOUNDARIES OF THE LOTS AT PLANNED GRADE AND FOR EASEMENTS. LINE TABLE LINE LENGTH BEARING 1 4.74 N31`26.16'V Li 19.36 N58'33.44'E L3 140 N3126116'V L4 11.42 S5813'Y44-V LS 6.89 S312616'E L6 934 S58'33-44-V L71 3.16 S5313343-V LB &431 S3626'18'E L9 &061 S78.33'44- LID 19.17[ 408'38.511V 1-11 &65 N36-26.15-W L12 G91 S28138-40-E L13 &03 N6121'20-E L14 6.91 N28'38'40'V L13 1964 116121'20'E LZi 6.92 N58133.44-E L 69 2 S58133'44'V L.3 14.75 S3126'16'E L24. &92 N31'2616N L25 2127 N314Z6'16'V L26 C82 SSW33'44'V L 7 14.00 1131'Z61e'V L28 4.82 N58-33',14-E L29 700 N3126'16'v L30 8.30 N58133'4.'E L31 2135 S17'58.45-E L32 740 S58133'461V 1.33 12..0 N31' 1161V L3. 8A0 S58'33.44-V L35 2.89 S3126'15'C L36 4.50 S32'35161E L37 19.80 N40'2914W L38 4.49 W9'31'560E L39 527 N4913Y5E'E L401 4.46 S4028603-E L41 740 N6"3.57-E L42 929 NM45-04-W L43 22.62 N2813852'V L44 L50 N612116'E L46 1529 S4028'04'E L47 9.62 N49'32.11-E 1-48 49Z NI 27`49'V L49 6.92 S49.311571V L50 LS7 7.92 S493156'V L52 12.54 N49131-56'E L53 1%691 N6028'03-V L54 21191 N60.4921-E L55 5371 N39'10'37V L56 12.92 S50*49'09'V L 7 9.1S S39IW40-C L58 17.42 S50149'09'V L59 2323 S40'43'13'E LED 4.40 N28138.40'V L62 6130 NO2'51'38'E L63 460 428'38'48'V 64 77.83 N61'21'11T L63 4M N2W38'49'V L66 Iwo N3126'16- L67 2IL70 N312616-V / �bd BLOCK D raa 11.023 ACRES LOT t / 160.38' /// \ / V0(0 y��'f•J� - - ��ilr iI�!I / SEE SHEET 3 FOR CARVE KOFMAMMN / 6 071� • Ve C/ / I k' I GRAPHIC SCALE t McE 6D K I� II ATrA LENT / / J LOWER LEVEL _ SHEET _= 4 OF 6 ENGINEERING INC. ED7ALRDS BUSINESS CENTFp . P 0 80% 97 EDYmm COLOR- efCV 9>e 92.-33]3 FAX 924-33W . JOBJ 03025 Js v I I I MAROON CREEK ro- I I _ I Sfelm I - I LEGEND LOT BOUNDARY - - - - - EASEMENT AS DESIGNATED BLOGl D BWWARY I. SEE SHEETS 3 AND 4 FOR MORE HMZONTAL WORNATION. 2. ARROWS ON LOT LIMES INDICATE VERTICAL CONTINUATION SUPPLEMENTAL PLAT ASPEN HIGHLANDS VILLAGE P.U.D. BLOCK D SECTION 14, T10S, R85W OF THE 6TH P.M. PITKIN COUNTY, COLORADO ATTAGHIAEftlT I I I I MAROON CREEK ROAD ;I Ii I I � I I I II I I a g LOT 7 r I I LOT T a ¢ tos J2' ¢ r r g LOT 4 I42.4C' U; ¢ FLLv A V; w &m�a' a� H. 74' i - = - J FATNN4n 30.05' U v= SO86 2B ! MAROON UNEEk ROAD EASEMENT $ LDT 7 Lon LOT 9A I I I I EASEMENT II LOT 4 1ALW' _ tm.or NOT A "O ")I Y r=ti I SECTION 2 - 2 I II M I I I II I I I II I p�- I I II A I � gg i l II I r A I� 1 II I SERIOUS EASEMENTSleg I I I II -t�SEE 1HUT 3 MAROON II fl I 145. J: CREEK ROAO II A I 11 II I LOT I I II q I II II I II 11 1 I II II I � I II II I II N I I I I II I II II I I II A I II u I A. It _ W4 I i I 3o g I I I I U 3 W I 4 e LOT 2 I IO4.04' w.00' '34L17' I I 4w3' LOT 5 DISTIbCT PLAZA LOT A \ELLS: gOdo log 0" FJ.E�ane� I49.88' +i I I � I LOT 9B + $ II I � i I i NOT A BOUNDARY _ 1 I _J_.N.7VL 9ECDOM 3 - 3 DSTRICT PLAZA LOT A DRANAM ERSEYdT VWTY EASEMENT CROSS SECTIONS ALt SHEET 5 OF 6 ENGINEERING INC. ED.77 ROS BO9MES5 [ENTER • P.O. — MJ EOiiTBoti. LTIORADp rpB.lP • 9Jo 92.-J3>] A% 426-3300 . ✓OB/J030f5 ATTACHMENT T' A RESOLUTION OF THE BOARD OF COUNTY COMIVIISSIONERS OF PITKIN COUNTY, COLORADO, GRANTING FINAL PLAT APPROVAL TO THE ASPEN HIGHLANDS VILLAGE PUD Resolution No. 98-- Recitals 1. Applicant, Project Location, and Approval Requests - HILP Mountain Limited Partnership, Aspen Highlands Mountain Limited Liability Company, Aspen Highlands Skiing Corporation, Whipple Van Ness Jones and Hines Highlands Limited Partnership, (hereinafter referred to as "Applicant") have applied to Pitkin County for approval of the Aspen Highlands Village ("AHV") project. The application specifically requests approval for Rezoning, Special Review, Growth Management Quota System Allotments ("GMQS") and Detailed Submission/Planned Unit Development ("PUD"). The Aspen Highlands Village site is located in the Maroon Creek Valley at the base of the Aspen Highlands Ski Area and contains approximately 70 acres. The parcel is more specifically described in Exhibit A. The Subdivision/PUD General/Conceptual Submission was approved with conditions as evidenced in Board of County Commissioners ("Board") Resolution 96-141. The Subdivision/PUD Detailed Submission was approved with conditions by the Board on October 29, 1998 by Resolution q7-167. 2. Existing .Uses - The subject site is improved with the Maroon Creek Lodge three ski lifts and the Aspen Highlands Ski Area base area facilities and a parking lot containing approximately 742 off- street parking spaces. Existing buildings contain approximately 39,194 square feet of commercial space, 1,970 square feet of skier services, and 13 tourist accommodation units in the Maroon Creek Lodge. In the late 1980's Pitkin County issued a demolition permit to demolish the Highlands Inn which contained forty-nine (49) tourist accommodation units, 400 square feet of retail space and 2,500 square feet of bar and restaurant space. The Highlands Inn was demolished subsequent to the issuance of the demolition permit. 3. The Plan - The land use actions identified in the title of this resolution are the third step in the approval process necessary to enable the Applicants to demolish all of the existing buildings at the base of the Aspen Highlands Ski Area and construct AHV, a new mixed -use village on the site. The plan summarized in the Aspen Highlands Village Detailed Submission: Consolidated Documents, September 1997 constitutes the Site Specific Development Plan as defined in Section 6-5.7. of the Pitldn County Land Use Code. The AHV Plan includes the following elements: Thirty-one (31) single family detached free-market dwelling units (20 of these development rights to be obtained through acquisition of TDRs), Thirty-two (32) townhouse free-market residential dwelling units; Seventy-three (73) tourist accommodation units; Thirty-seven (37) Category 1 dorm units (housing 61 people); Twenty-two (22) single family Category 4 affordable housing sale units (4 bedroom); One (1) single family Category 4 affordable housing sale unit (3 bedroom); Twenty-eight (28)attached Category 3 affordable housing sale units (3 bedroom); Eight (8) Category 1 and eight (8) Category 2 multi -family sale units (1 bedroom); Two (2) Category 3 one bedroom rental units; Five (5) Category 3 two bedroom rental units; 11111111111111111111111111111111111111111111111111111111 423265 10/15/2990 03:18P RESOLUTI DAVIS SILVI 1 of 9 R 45.00 D 0.00 N 0.00 PITKIN COUNTY CO Resolution No. 98-_Q Page 2 Ten (10) Caretaker Dwelling Units; Twenty-one thousand, six hundred (21,600) square feet of retail space (Net Leaseable Area "NLA"); Twelve thousand (12,WO) square feet of accessory skier services (NLA): Fourteen thousand, one hundred twenty-five (14,125) square feet of restaurant space (NLA): Three thousand (3,000) square feet of condominium meeting rooms (NLA); One thousand eight hundred (1,800) square feet of meeting rooms (NLA); Two thousand two hundred (2,200) square feet of ski area storage (NLA): Four hundred fifty (450) parking spaces for the Aspen Highlands Ski Area; and Two hundred and thirty (230) off-street parking spaces for the affordable housing and tourist accommodation units and AHV employees. 4. Applicable Land Use Code - The Applicant submitted the AHV: General Submission land use application in June of 1993 and did not receive General Submission approval until March 13, 1996. In April of 1994, the Board of County Commissioners adopted a new land use code. By separate resolution (Board Resolution # 94-68), the Board established a policy for the review of land use applications which were in process at the time of adoption of the "new" Code. Resolution # 94-68 specifically states that "all active land use applications that have been submitted by March 16, 1994 shall be reviewed pursuant to the existing Land Use Code". The term active has been established by the Board as meaning an application which is substantially complete and ready to be scheduled for review. Since the AHV application was not only complete, but had actually been before the Planning and Zoning Commission and the Board of County Commissioners prior to March 16th, the Board found that the Highlands Village application met the criteria for an "active" application at the time of the adoption of the "new" Land Use Code. In accordance with Board Resolutions 95-10 and 96-6, the Board and Applicant mutually agreed that all Growth Management Quota System (GMQS) allotments and exemptions would be processed pursuant to Sections 3-140, 3-150, 3-160 of the "new" Pitkin County Land Use Code. 5. Board of County Commissioner Review Process - The Board considered the AHV Final Plat at a duly noticed public hearing on April 22, 1998 and at a public meeting on May 5, 1998. 6. NOW, THEREFORE, BE IT RESOLVED by the Board that it does hereby grant Final Plat approval for AHV PUD subject to the conditions listed below. General All conditions and requirements of BOCC Resolution No. 96-141 and 97-167 shall be adhered to unless specifically modified by the terms of these conditions. 2. The applicant shall adhere to all material representations made in the application, supplemental materials, and in public meetings. The applicant or development entity or successors and assigns shall be responsible for all material representations made in General Submission, Detailed Submission, Final Plat, the Aspen Highlands Village PUD Guide and the Subdivision Improvements Agreement (SIA). In the event of conflicting representations during the five year land use review process. the last representations made and approved by the Board shall control. Illlil III{! liilll IIIIII II111111 IIIIIII li{ lllll llll 1111 423258 10/1S/1996 03:15P RESOLUTI DRVIS SILVI 2 of 9 R 46.00 0 0.W N OAM PITKIN COUNTY CO Resolution No. 98-If Page 3 4. The applicant or development entity or successors and assigns shall not transfer ownership of, nor will Pitkin County issue a building permit or construction of any improvements on Lot 11, Block A and Lot 15, Block G until a Transfer able Development Right Certificate for each of these lots is approved by the Director of Community Development. Prior to the recordation of the Final Plat: a. The applicant shall provide a title commitment and a Phase 1 Environmental Audit for the property to be dedicated to Pitkin County for the County Attorney's review and approval b. The deed for the property to be dedicated to Pitkin County must be accepted by the BOCC by ordinance. C. The County Attorney's Office shall review and approve the Final Plat documents, an "agreement to serve" with the Aspen Consolidated Sanitation District, the Subdivision Improvements Agreement, the PUD Development Guide, the Subdivision Covenants, and an Improvements Maintenance Agreement for form and content. The PUD Guide and Subdivision Improvements Agreement shall be recorded at the same time as the Final Plat. d. Street names for the AHV PUD shall be reviewed by the County's Addresser to avoid duplication with other street names in the County. The applicant shall present a final plat and GIS disk meeting all requirements of the applicable Land Use Code for review and approval of the County Engineer, the County Attorney, and Community Development Department. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES 11 WEEKLY ON THE ]jDAY OF An,,i _, 1998. INTRODUCED, FIRST READ AT A PUBLIC HEARING ON THE 22ND DAY OF APRIL, 1998. APPROVED AND ADOPTED AFTER SECOND READING ON THE 5TH DAY OF MAY, 1998. PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES WEEKLY ON THE 16DAY OF Qctc,�pc�r,1998. 11111111111111111111111111111111111111111111111111111111111 423n8 10/15/19M 03:18P RESOLUTI DAMS SILVI 3 of 9 R 48.00 0 0.00 N SAM PITKIN COUNTY Co Resolution No. 98--7-1 Page 4 ATTEST: Jones, PCe- Deputy County Clerk APPROVED AS TO FORM John Ely Attorney BOARD OF COUNTY COMMISSIONERS OF PIT)M COUNTY, C O By: Dorothea F ' , C airman Date:/o/yP-- RECOMMENDED FOR ADOPTION P15-98 G: planning/pitkin/cases/highlands/ahbvfp2.doc Cindy Houben Community Development Director 1111111111111111111111111111111 HIS 111111111111 IN 423268 10/15/IM 03:18P RESOLUTI DAVIS SILVI 4 of 9 R 46.00 D 0.00 N 0.00 PITKIN COUNTY CO C RVErc RS • WNVE70R3 -SUM 118 West 61h, Suite 200 FAX 970) 94 4 � rER Glenwood Springs, CO 81601 FAX (970) 945-5948 1111111111111111111111111111111111111111111111111111111 29 May 1998 423M 10/15/103 83:16P RI~SMUTI DpNIS Job No_ 92184b34.102 5 of 9 R 46.80 D 0.00 N 0.00 PITKIN COUNTY CO ASPEN HIGHLANDS VILLAGE P.U.D. PARCEL G A parcel of land situated in Sections 14 & 15, Township 10 South, Range 85 West of the 6"' Principal Meridian, Pitkin County, Colorado, said parcel being more particularly descrihed as follows: Beginning at the S 1 /16 of said Section 14 from which the W 1 /4 of said Section 14 bears N 01 °40'43" E 1316.64 feet, with all bearings being relative to a bearing of N 89'39'34" W between the C1/4 corner and the W1/4 of said Section 14; thence S 01°41'31" E 453.86 feet along the west line of said Section 14; thence N 80°52'09" E 452.17 feet; thence N 17054'43" E 942.99 feet; thence N 17°31'08" E 206.40 feet; thence N 06°00'00" E 314.89 feet; thence N 90'00'00" E 239.32 feet; thence S 00°00'00" W 524.92 feet; thence N 90"00'00 E 713.15 feet; thence S 61 °49'54" E 51.12 feet; thence S 73°27'31" E 77.38 feet; thence N 76'54'50" E 142.61 feet; thence N 68°12'21" E 101.43 feet; thence N 62024'32" E 69.68 feet; thence S 72 °47'25" E 129.53 feet; thence S 06°56'42" W 104.11 feet; thence S 85'18'50" E 361.49 feet to the east line of the NE1 A SW1 /4 of said Se ction 14; thence N 00915'39" W 915.24 feet to the C1/4 of Section 14; thence N 00'15,39' W 1.88 feet along the east line of the SE1 /4, NW 1 /4 of said Section 14; thence S 63 ° 00' 53" W 365.98 feet; thence N 02°16'39" W 156.07 feet; thence N 76°17'06" E 81.70 feet; thence N 50°02'00" E 37.16 feet; thence N 56*31100" E 57.09 feet; thence S 80°36'00" E 44.90 feet; thence N 71 °36'00" E 58.59 feet; thence N 81 "08'01" E 77.51 feet to the east line of the SE1 /4, NW 1 /4 of said Section 14; thence N 00'15'39" W 19.11 feet along the east line of the SE1/4, NW1/4 of said Section 14 to the southerly line of the Aspen Highlands Subdivision; thence S 81'10'00" W 82.23 feet; thence S 71 °36'00" W 55.31 feet; thence N 80°36'00" W 47.81 feet; thence S 56`31'00" W 66.09 feet; thence S 50°02'00" W 30.00 feet; thence N 84*53'00" W 71.90 feet; thence 46.67 feet along the arc of a non -tangent curve to the left, having a radius of 60.00 feet, a central angle of 44°33'57", and subtending a chord bearing N 17*26'26" W 45.50 feet; thence N 20030'00" E 40.34 feet; thence 134.51 feet along the arc of a curve to the left, having a radius of 522.51 feet, a central angle of 14'45'00", and subtending a chord bearing N 13°07'30" E 134.14 feet; thence N 05 °45'00" E 12.70 feet; thence 155.33 feet along the arc of a curve to the right, having a radius of 378.77 feet, a central angle of 23°29'47", and subtending a chord bearing N 17'29'54" E 154.24 feet; thence N 60'45'16" W 60.00 feet; thence 179.93 feet along the arc of a non -tangent curve to the left, having a radius of 438.77 feet, a central angle of 23°29'24", and subtending a chord bearing S 17'29'51" W 178.67 feet; thence S 05°45'00" W 12.70 feet; thence 119.07 along the arc of a curve to the right, having a radius of 462.51 feet, a central angle of 14`45'00", and subtending a chord bearing S 13'07'30" W 118.74 feet; thence S 20`30'00" W 40.58 feet; thence 47.06 feet along the arc of a non -tangent curve to the left, having a radius of 60.00 feet, a central angle of 44°56'08", and subtending a chord bearing S 57'48'29" W 45.86 feet; thence N 63"00'06" W 64.17 feet; thence N 80'26"25" W 105.22 feet; thence S 36°46'06" E 91.55 feet; thence S 41'22'07" W 164.83 feet; thence N 78*19'00" W 29.77 feet; thence SE:Ic19218404.102 I of 2 S 83'09'00" W 18.91 feet; thence S 56'25'00" W 93.12 feet; thence S 64 °56'00" W 20.18 feet; thence N 33°20'00" W 263.95 feet; thence S 49°36'07" W 48.22 feet; thence N 26*11'00" W 131.97 feet; thence N 46'08'00" W 307.44 feet; thence N 38 °46'00" W 192.60 feet; thence N 47'35'00" W 133.74 feet; thence S 29`53'59" W 74.09 feet; thence S 73'02'31" W 87.19 feet; thence S 84'11'00" W 84.66 feet; thence N 49 °01'01" W 57.10 feet; thence N 22' 32'01 " W 54.76 feet; thence N 08° 14'40" W 56.60 feet; thence S 05°57'55" W 132.06 feet; thence S 15 °22'00" W 1021.21 feet; thence S 47'44'00" W 48.47 feet; thence N 55*12'00" W 315.12 feet to the easterly line of the Maroon Creek Road right-of- way; thence S 29'19'00" W 171.93 feet along said Maroon Creek Road right-of-way; thence continuing along said right-of-way 161.60 feet along the arc of a curve to the right, having a radius of 333.25 feet, a central angle of 27°47'02", and subtending a chord bearing S 43*12'31" W 160.02 feet; thence S 57006'00" W 597.79 feet; thence 186.10 feet along the arc of a curve to the left, having a radius of 266.56 feet, a central angle of 40°00'01 ". and subtending a chord bearing S 37'05'59" W 182.34 feet; thence S 17'06'00" W 235.25 feet; thence 95.16 feet along the arc of a curve to the left, having a radius of 614.92 feet, a central angle of 08°51'59" and a subtending a chord bearing S 12"40'00" W 95.06 feet; thence S 08'14'00" W 211.16 feet; thence 1 05.10 along the arc of a curve to the right, having a radius of 587.33 feet, a central angle of 10°15'10", and subtending a chord bearing S 13021'33" W 104.96 feet; thence S 18 °29'00" W 301.73 feet; thence 361.04 feet along the arc of a curve to the right, having a radius of 317.03 feet, a central angle of 65°14'58", and subtending a chord bearing S 51 °06'29" W 341.84 feet; thence S 83 °44'00" W 112.84 feet; thence 107.21 feet along the arc of a curve to the right, having a radius of 414.11 feet, a central angle of 14°50'00", and subtending a chord bearing N 88°51'00" W 106.91 feet; thence N 81 °26'00" W 100.98 feet more or less to the centerline of Maroon Creek; thence S 20`59' 18" W 34.61 feet along the centerline of said Maroon Creek to the north line of the SE1/4, SE1/4 of Section 15, Township 10 South, Range 85 West; thence along the north line of said SE1/4, SE1/4 of Section 15 S 89052'28" E 639.87 feet more or less to the point of beginning, said parcel contains 69.579 acres more or less. SEJ692184b34.102 111111111111 IN 11111111111111111111111111111111 IN 2of2 SCHMUESER GORDON MEYER, INC. ENONEERS IUAYE 1'DAS (970) 945-1004 SCHMUESEs+ DDADOM WYER FAX (970) 945-5948 Aspen Highlands Village P.U.D. 118 West 61h, Suite 200 Glenwood Springs. CO 81601 A parcel of land situated in the NE1/4, SE1/4 of Section 15, Township 10 South, Range 85 West of the 61 Principal Meridian, Pitkin County, Colorado, said parcel being more particularly described as follows: Ro.,;.,ninrt nt a nnint nn the westerly right -of -way line of Maroon Creek Road whence the W 1/4 of said Section 14 bears N 04030'10" E 840.94 feet, with all bearings being relative to a bearing of 89039'34" W between the C1/4 corner and the Wl/4 of said Section 14; thence along said Maroon Creek Road right-of-way S 18°29'00" W 14.24 feet; thence leaving said right-of-way N75025'00" W 130.98 more or less the centerline of Maroon Creek; thence N 06014' 13" W 15.20 15.20 feet more or less along the centerline of Maroon Creek; thence leaving the said centerline of Maroon Creek S 75°25'00" E 137.35 feet more or less to the point of beginning, said parcel contains 0.044 acres more or less. illlll IIIII IIIIIIIIIIII IIII Ilia IIIIIII III IIIII1111IIII 4232U 10/25/1929 03:18P RESOLUTI DAVIS SILVI 8 of 9 R 48.00 0 0.00 N 0.00 PITKIN COUNTY CO EACWEPOS evnvErona W (970) 945-1004 9GMESER GM118 West 6th, Suite 200 FAX (970) 945-5948 °°ADONVE'01 Glenwood Springs, CO 81601 October 12, 1998 Job No.92184B34 Aspen Highlands P.U.D. Parcel A A parcel of land situated in the NW 1/4 of Section 14, Township 10 South, Range 85 West of the 6" Principal Meridian, Pitkin County, Colorado, said parcel being more particularly described as follows: Beginning at the W 1/ 16 of said Section 14, with all bearings being relative to a bearing of N89°39'34" W between the C1/4 comer and the W 1/4 of Section 14; thence S 89°48'01" E along the north line of the NE1/4, NW1/4 of said Section 14, 267.36 feet more -or -less to the centerline of Maroon Creek; thence S 07°4729" E 77.85 feet more -or -less along the centerline of Maroon Creek; thence S 17°38'54" W 348.53 feet more -or -less along the centerline of Maroon Creek; thence S 00157'53" E 70.39 feet more -or -less along the centerline of Maroon Creek; thence S33016'44"E 77.91 feet more -or -less along the centerline of Maroon Creek; thence leaving said Maroon Creek N 90,00100" E 169.77 feet more or less; thence S 42°35'00" E 287.68 feet to the westerly right -of way line of Maroon Creek Road; thence S 39°36'59" W 1087.07 feet along said right-of-way of Maroon Creek Road; thence 154.98 feet along the arc of curve to the left, having a radius of 862.13 feet, a central angle of 10118'00", and subtending a chord bearing S 34°28'00" W 154.77 feet; thence S 29°19'00" W 520.76 feet; thence 132.50 feet along the arc of curve to the right, having a radius of 273.25 feet, a central angle of 27°47'01", and subtending a cord bearing S 43'12'30" W 131.21 feet; thence S 57°06'00" W 95.65 feet; thence leaving said Maroon Creek Road right-of-way N 33°06'00" W 76.78 feet; thence 56°54'00" W 44.47 feet; thence N 63°30'00" W 183.05 more -or -less to the center line of Maroon Creek; thence N 70 28 12 E 290.78 feet more -or -less along the centerline of Maroon Creek; thence N 49°19'21" E 54.46 feet more -or -less along the centerline of Maroon Creek; thence N 32°53'05" E 310.96 feet more -or -less along the centerline of Maroon Creek; thence N 27°40' 12" E 194.64 feet mor-or-less along the centerline of Maroon Creek; thence N 3704752" E 308.87 feet more -or -less along the centerline of Maroon Creek; thence N 22051'01" E 64.59 feet more -or -less along the centerline of Maroon creek, to the south line of NW 1/4, NW I/4 of Section 14; thence leaving said centerline of Maroon Creed S 89°26'20" E along the south line of said NW 1/4, NW 1/4 of said Section 14, 82.63 feet more -or -less to the NW 1/16 of said Section of 14; thence N 00030'19" W 1328.11 feet along the west line of the NE 1/4, NW 1/4 to the point of beginning, said parcel contains 13.204 acres more -or -less. I IlIII IIIiI Iillil IIIIIlIIIIIlII IIIIIilill IIIII III! Till 4Z3268 10/15/19M 03118P RESOLUTI DAVIS SILVI 9 of 9 R 46,00 D 0.00 N 0.00 PITKIN COUNTY CO EAr.WEERS dtlAYEVEYDRB (970) 945-1004 scrertUEsen 118 West 6th. Suite 200 FAX (970) 945-5948 ODRDONNEY" Glenwood Springs, CO 81601 October 12,1998 Job No. 92184B34 Aspen Highlands Village P.U.D. Parcel 1 A parcel of land situated in the SWIA, NW 1/4 of Section 14, Township 10 South, Range 85 West of the 6' Principal Meridian, Pitkin County, Colorado, said parcel being more particularly described as follows: Beginning at a point on the westerly right -of way line of Maroon Creek Road whence the W 1/4 of said Section 14 bears S 78°25'01" W 265.45 feet, with all bearings being relative to a bearing of N 89°39'34" W between the C 1/4 corner and the W 1/4 of said Section 14; thence N 75025'00" W 222.09 feet more -or -less to the centerline of Maroon Creek; thence * 54043'33"E 151.42 feet more -or -less along the centerline of Maroon Creek; thence N 34056'13"E 84.77 feet more -or -less along the centerline of Maroon Creek; thence leaving the said centerline of Maroon Creek S 18030'00"E 208.50 feet more -or -less to the westerly right -of way line of the Maroon Creek Road; thence S 57°06'00" W 270.86 feet along said right-of-way line of Maroon Creek Road to the point of beginning, said parcel contains 0.512 n acres more - or -less. I IIIIII 11111111111111111111111111111111111111111 IN IN 423288 20/15/1998 03t18P RESOLUTI DAVIS SILVI 7 of 9 R 46.00 0 0.00 N 0.W PITKIN COUNTY CO FIFTH AMENDED PLAT ASPEN HIGHLANDS VILLAGE P.U.D., BLOCK D, LOTS 27 5 AND 9B SECTION 14, TOWNSHIP 10 SOUTH RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN PITKIN COUNTY, COLORADO COMMUNITY DEVELOPMENT APPROVAL THIS AMENDED PLAT OF ASPEN H04LMDS VILLAGE P.U.D.. BLOCK D. LOTS 2. 5. AND 9B WAS RENEWED AND APPROVED BY ME COMIIUNITY DEVELOPMENT OwECTOR OF ME CITY OF ASPEN PLANMNG DEPARTYENI t MIS _- -------- DAY OF --------- 2001 ------ _________________._._ DIRECTOR. ARIE ANN WOODS I CITY ENGINEER'S APPROVAL THIS AMENDED PLAT OF ASPEN MGHILANDS VILLAGE PIED.. BLOCK D. LOTS 2. S. AND 99 BLOCK 0, WAS RENEWED AND APPROVED BY ME CITY ENGINEER OF THE CITY OF ASPEN. COLORADO. MIS PAY OF 2001. ____________________________________ WY ENQNEER. WICK ADEH CLERK AND RECJRDER'S ACCEPTANCE ACCEPTED FOR RECORDING IN ME OFFICE OF ME CLERK AND RECORDER OF PEEK. COUNTY. COLORADO, AT ___0`CLOCK__M ON TINS DAY OF _ 20DI IN PLAT 800K ____ AT PACE AS RECEPTION NO. CLERK AND RECORDER. PIMN COUNTY, COLORADO SURVEYOR'S CERTIFICATE I, Dana B. Spigm,, do hereby cebfy that I am a R,,, ,!d Land Shnwyor licensed under the lows al tha State of Cd«ado; that tha plat if o I—' calrect ma complete dal of Lot, 2. 5 mC 913, Apm Hyhlmaa yhllage PU-D.. Rock D, o. 1oM -1. plotted. dedicated and Mhown thot wch Plat eats mode from m ...w0o w-y o1 aand property by me and under my wP,ndan ved ca,octly sna- the I«aban and drnmsanf I the lots. m is and ,beets c1 said wbdNsion m I" form ee staked upm the gourd n campIi eith aPDlicente regdallans 9° _ nnq the fubaMebn Of lend The antra -Y precision ie glom, thin 1.10.000. 1. eithtlo el-oof. I hour WE my hmd and ,ed this ____day of ____2001 BY: Dena Be. Spigen,. LS/33655 Reg,el eat Lmd Swwye ASPEN 1 SECTION 10 SECTION 11 SECTION 15 SECTION 14 p0 ASPEN ANDS SUBDI` SITE - ASPEN VILLA ASPEN HIGHLANDS I SCALE: 1" = 1000' SKI AREA VICINITY MAP TOWNSHIP IOS RANGE 85 W TITLE EXAMINER'S CERTIFICATE The m Ies4Wd. a day aathei,ea repre.mtatl.e al Lmd Rth, Guarantee Co -pan,, a Mie compmy lhdoing bwp0WohHl noPesrMllWaloM. 0 ae.N ardb•epd «apsty.pNee�aW ofa ii«. thoee letea in the Gahed No- an Sheet 2 of Me suppNmead pot. Nth- je . IIIthe 1«I. stated - IN, plat ore Iroo. M's ctrtik.E. is oat to be <maUata as m ab.b«t of title, nor m °Pinion of title. n a quoronte< a title, and it is Iwdxstood at, a9leed Ihat LIME Title (rLv'mlee CompmY ndlher aawm wit be dealged efU my M1hmcid abligolim al hobiity MaaaaNr m my st°temmt emt.Ivd been Dater thh___-aoy of-_ ___ A.D.. 2001. Agent. LAND MILE GA ARANTEE COMPAAIY BY: NAME STATE OF COLM.00� s COUNTY OF PIMW ) The t«poing of Mitet eats «knowledged before me "it __ day of _ AD. 2001 by - --_at Mle E.II ewr fa, Lana MN CLamlee C-Pmy. My commhsshm MMESS my hmd ohd 0I sod. Notey pudic CONSFM OF MORTGAGEE ATTA_ CERTIFICATE OF OWNERSHIP Anoe dl men by theoe Preemfn that NINES HIGHLANDS LIMITED PMTNERSHW. A DELAWARE LNa TED PARTNERSHP, a.d TIME RTZ-CARLTOVE N DELOPMENI COMPANY, INCor INC. A DELAWARE CORPORATION, bamq the recd ome. of III that red Maperty deooraed ov IM- LOTS 2. 5 oral W. ASPEN MQILANDS VILLAGE P.V.D.. BLOCK D. Ci ty of ASWn. Pilkn Cwnty. Cdar000. «caldnq to Ih� wpplemmtd pat thxeof recorded Sept-te, 28. 1999, in Pod Boot, 51 of Cape Al, ore Retention No. 436003 ;n then Me Or6ce of the Pltkn Cw ty. Cdxoao Clerk and Recalde, hove by these «went, laid oral, platted and wbdirided the fame into lots a, eholeh Ili the plat ands the mmI and stye of Lot, 2. 5 and N. Afpm HghlarWl -loge PUD.. BI«k D. EXECUTED this _day of _--______. A.D.. 2001 OWNER Of LOTS 5 AND 99. MKS wiQILANDS RA PARTNERSHIP, A DELAWARE LIMITED PARMERSIYP AND AN UNDIVIDED IOX PO Bo, 5115 WTERCST AS TO L07 2 Aspen, Colorado 81612 BY ASPEN HCHLANDS SKIING CORPORATION. A DELAWARE CORPORATION Genera Pawn+ vi-phoeiefere STATE OF COLORADO) )SS COtIN TY OF PITKIN I Me -gothq nebeFnml eoa «knoMedgad before me I- aoy A.D. 2001 by __ ___ __ °f __ _Prlaidml of ASPEN HK;HI.ANOS SKING CORPORATlO1, A DELAWARE CORPORATION. Gored Pethheh of HINES MGNHIP LANDS LIMITED PARTNERS - A DELAWARE LIMITED PARTNERSHP. My'IMMif,iel WITNESS my hmd and olFcd at,. No1W_-_r v__ad__. -_------------------ OWNER OF AN UNDIVIDED DIE RITZ-CARlTO1 DEVELOPMENT COMPAN f. INC.. A DELAWARE CORPORATION 90K INTEREST AS TO LOT 2- 6649 W.alwood B-I-d. Sable 5d_` 0,m Fleao 32821 BY P-hIent STATE OF KS CQIeTY O 1 The fe.gothq » lrunhWi, was adlr .9ed Dotal. me 6+N a A.D.. 2001 by. _____ _______-____ ___ FreaNewl al F,e Do-— t C--,. M a Do!awofe cepalal;er, a+ basal of It, calpalotan. Ne/oh. :1 oessdY y"t"^` n kho.n to m. Yy tom-ti- e+piee. ___ _________ NTNESS my bend and .fiord oat. TM undrsighed i. the haldW of o deed of trvat me-irt, Who bed described - the Ciet-1-1e of 0-ol iP w K diet, a wet d awe.aed m hio- I. Dees of Twot doHd Sop1oIW 20. INE1. WNom The RN.-CoMW Dewlopmmt Campmy. Mc. a Ddaware cxpalalion, to lM Paplic Trvslee a Pitkin County b Whe oft at Winn HigWaldo Limped Partne p. a Dele- -itea petnxadp, to fecw. the sWn of f26.966.6VOO rea«door Stat-be 30, 1989. °ndW RttWtion No. e36136, ma oo amenMd n-bumenl raeofaed ore FeNuey 21. 2MI at Recption NA 451714 n the 011ko of the CWk and Records of Pitkn Comty, Colorado. Mt-d-ig.ed hereby crosWHs to We fe 9-9 wbdivis4m of -b IeW ore lahlomilld n the Ce tihca[e of Ownership. Wed ogees that the deed of trvfl shah be subordinated to Nit plot and the eosemtnla call-eal herein and slaws b,eon MORTGAGEE N" I O4,ANDS LIMITED PARTNERSHIP. A DELAWARE LIMITED PARTNERSHIP P 0 Bef 5115 AWIM' Coloroda 81612 BY ASPEN HIQtL/J.DS SKING CORPORADp1. A DELAWARE CORPORATION GWeed Pe W -PhesidWhl STATE OF COLORADO) )SS COUNTY O PITKIN ) The f-gain, iMb,,-Wit - o _,Oitdgeel before me flee ____ day A D.. 20D1 by _ _.as ____PrasiMht of ASPEN IYGNLANDS S. IXIRPORATION. A UELAWARE CORPORATNIN C.,1Wd Petne of HWES HIGHLANDS LIMITED PMMEP.SHW A MAWARE LIMITED PARTNERSHIP. My cemmhaWm elgi_.. NTNESS my bond and off d sea. yKKey P------'--------- Na1u. Public . SfIiET INOFX —� a .. LOVE? WXE I 6Z1!RLL I0nZ, SLTE S0HE197'IC Sum, S PLAT SHEET FL4D1 LEM SHFz7 I PLAT SHEET LO*M LZM �S�_5 .__. GPD69v^EC,'iOA6 1 ALPINE SHE1'T ._ _ 1 OF 5 ENGiNEF RINNG P C. - ,r, ..6-. c. • •;�rC7YJ jiff_ .. .� FIFTH AMENDED PLAT ASPEN HIGHLANDS VILLAGE P.U.D., BLOCK D, LOTS 29 5 AND 9BATTAMENT � SECTION 14, TOWNSHIP 10 SOUTH RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN GENERAL NOTES The pur of this wb6.4sian a pl'wn pot is to aajmt the 1a lines betel en Lots 2. 5 and W. As,en High-ol Valoge P.U.D.. M1 D. Me Is lots ore crsoted by Me; pal. 2. Basl. of 8-11,, N63-m I. E bel.sen frond 1-1/2' al,dbas e, pwere. LS #33665: t a northerly ange Point and tb rbrM-1 cane, of Lot 8 (Aspen Hignlonds cand«nnwms - Phaee I), Asps^ Ni9!ile•Ms VM,ge PAT) Bloat D 3. Baste o' Etewtnn. Benchmwk (T8k4) m dpicsed an Me Aspen 1Rrg:lanM viloge O.UIt fin., Plait Elw.� 80395D'. 4 NOTICE According to Cpwaao his you must Comm any leg.l boron bvse6 upon any del-1 m rey vit`:r tMee years ufle, you list discover wch defttt Inn rant moy any «lion based upon -Ys .elect n !hie wryly b wmmenced more than ten yco fran he dote of the cwnf:catlan Byrom hwean_ 5 Dote of S ,y Apr, It, 2001 6 P1tD Rat Easements. A6 env cots esi.lirrq an the subject on seec.fs P1=:1 m .1 the dot. of rxo•dnq of tiro Plat. <1 anq..R.-t fmitolmn. 0eca winced ohd/a rooted by I" ceetan Prof al Aspen Nkjdandn aagqee pU.D r .bled , Me Office of Me'owk and Receedar atsPRSin County, Colorado, an Webs, 15. 998 n Rol Book 47 at Paige 1, and Mot ce,ton wDDMmenla pal of A.psr Nigdonos YB«J, P.U.D.. &«k D. able] n r Oft, of the Clerk and Roc«der of Pitt, Caun1� CNwado, ah SeptsnDar 28, 1999 nods Reception No. .36003 ei Plot Book 51 at Poges 41-46 (the'BIa6 D Ral ), remora n Iwce 1 effect fa this plat unless speedally modified a -bed - othee.ise e, i Ited a i This plot. PUD Q:rae. The land krcNAM e, this suppementa pill s slbPet to the terms, caMRgns rota P•ovle'vs 01 Me Aspen M"a ide Wb Rannsd Unil DeMoanenl W rawdea n Me Otte of the Clek ana Rawde of PRkn County, Colorado, an OCb15. 1996. unow Reception No 423274. and Restlutbrn 98-254 ilsd August 2'. 1999 as RasptbnMw No. 434844. m t acme may bitamenoso horn firs to time The P.U.D. Guide selabiishe•. permrlted use. and Row «eo -n the P.U., As Pro the P.U.O. Gibe, the adryatmenl of Loss 2 5, and 96 III Ines loss rot ottecl ei any my the _Itea boor ores an Me Lots 6. Yaslw 9octwatian. the proawty ncludsd it this suppiems:ta plat is sub)ecl to Me teems, ceendil'vs. easwhee"' aM Provfsians Contored l established by the Decloelbon fro an logs AspNlg lies Ve. raaded n ce the o1Rof Me C1wk and R«wx. of Pi aan«an at ly. caoda a.w 99 15. ;8. «w .aeo losian Nnm Mbeo .z3z. e same mar emended ownn w lime to Ume (the 'Most. De ae.tim') 9. Hnea Higsobs lamled Pantnelshp far i1w11, :ts specitosy dslsgaled heel. s«cee o V11 and twssess. hereby I— IpDaem9 perp.tu.,. nae-W.- ---is and ,his o1 eoy (aJ UM, EmemenH M sax oer rasa and thlai g those protons 11 this pat E.gl Ibel 'Lot 9 U11kty Eose,nani t base WPose of (i) using, roloni.p, canshucGg, maeitovnq, mprowp. rpailnq orb rapacnq utility ,oeeitie. of anY lase or na1�e enal.oevw. inaNdnq bl not invited to, cabN INoveren Ines. tbee optic toss, and oths, comrwsnKotion f«nines. 1k) Bogs nstding, canatruclnq, mantonfnq. mprovilg. repasnq ono rapacnq vshtblian rob NVAC ducts pod other 1«.vies orb (ik) It I« inel".tion orb mointenonce at wch f«iines. lb"M« silh a pspetual right of t ess and egress Io orb Irem wen Eosamanl. 10 into propsed k ly moy be suijeat 10 the laenevg title a.cpliane, oblonad rotas Lond Title Guwantse Companomm y Citment No. 03da 81836. t& 29, 2001. Commitment No. 0381837. doled lleech l29, 200mi 1 and Conitmenl No. 0381838-2. doled Ap1d 2. 20DI. Rele, to sob a imitmenls la, all title eilor-tiah a) Easements and right, of soy to,ells pipNne puryosas asset forth m m lrumante rsa«died Jun. 10. IWO in Back 191 at Page 15 and recwrhd Septembw 16. 196, n Book 195 at Pogo 231 ei Me Olt, of the Pilkn Casnty Clert and Rec«oer. b) Term. s. caMitions onC «ovisims of R.-.1- No. 97-16] rttaaso $splemb. S0, 19W at It csatlorr No..22629 arb Rssolulion fe,39 (Swiss of 19%) recorded Ociabw 5. 1998 under Fec bvin Na. 422779 and ResaklL'gn N0. 98-79 rxadad '1- 15. 'we undw Reception NO. 423268. an ei the Office of the PAkv County CNrk and Recwdw- c) T4vms, conditions orb «ash:tars of oyewnenl recorded Ala 28, 1981 n Book e07 at Page 6e8 and wsgrvnmis th.-f-areled Decee,bel 13, 1"3. lea ecnrdy. n Boak go 734 at Po685 and Book 734 at Pags 848 n the Office of Me PI.. Cwnly Cl- and Rec«de, d) I— conditions and Pr__, of rode, of nclu.mn n Aspen Consaioot,d Saoilonnn 041-t recorded Decembe, 9, 1997 un- Reception NIle11462 m the Office o1 the P,% n Caunly C and Ree-de, e) Teems. cabilsns a1W p,.7-s of Spa. Covenant.. Cmdilions and Roeb.ctian. -erdsd Oelater 27. 1997 under RKaplior No..0993o m the OZ. o1 the Pit- C«nfy Clerk and Raeedee f) Eae.ment. and sign. a1 say lee ono. m 9 In,, Janes Drasotf Pipe, laleprrana leis,, and able I From -lee rob plas ore m t lash an e morsel of o Dwlran of he -,I Property «,pared by Seenue.w Garden Meyer Inc.. doted Ssptenlbb 21. 199: 9) Eason cols, rgnts of yo. t ens. canditim` pp e aelgonans c onto Easenlanl Agsemeht (Bock D) orMC Oc lobes 5. 1998 t Raeptfion No 23258 n Ine Olt, f the Rttiii County tlert and Rt.= h) Eo cht. rghl. 01 _Y. terms. cinditians. Pronscne and ablfigotfions as anlansl e, SA, Eosamant Ageement rsc«ded October 15. 19W unit.• R« to Na. 4232M n the Otte of the dken County ONfk and Raoros. :) Tsms, candliona orb aoviaan o1 Roe 'able, Agrwnenl. I "Ie i. ra Octoble 5. 1998 under Raglfian No. 422780. in the Otf a o1 Me Pitkn Coanlyscl' and RaaM. )) Teems. anProvisions corb4bns o isios of Se, ate, Se,Agreserec nent orded Oalabr 5, 19M at Recitation No. 422792. orb Iks1 boosni_ thseto •ttade0 .labs 5. I998 under Rtteptlan No 422765. in the Off- of the PiKn Coun1Y CMh and Raordm k) Teems. ca+dtiana ant Prodsians of SubdiM ', Agreement re oso Octabe, 15. 1998, under Raeptbn No. 423271 inthe Office of the P:tkn Casify pert and Rttwdw 1) Teems, cmditi ohd Prov a of Precannation Aq•eement Isel oed October 15. 1"8 at R,csptnn fee 423276 n the Office of the P•lkn County Clwf: and P.,e«des. m) Terms, Con 1-1 and wovisians of CMKIron Splams Agreement raaosd October 15. 1996 at Reception No 423277 kN Me Otte of the Pitkn County Cle k wr0 Rttdder. n) ls,me. candilnns, prowaiNna. oblgonans and -,Belton. as anlovad in M. ASPen Nigtand, Detailed Submiss Plan rec«oeo Oclabe, 15. 1996 at R-.,I- No. 423269 o,o as set I—an Ito Lltloibd SlAmbsbn Ron Maps seeded DClabsr 15. 1"8 in Rat Book 46 at Page 44. all n Me Office of the Pilkn County Cleek and Rec«der o) Teems, condilims, provisions and ablgatians cancwnng pa i," f«i tea; and commwcia unit. m evidenced by meenwanMms of eigrsen•enl rttwaM October 15, 1998. resDscIhs;,, at Raepl No. 423279 and Reaeplian No. 4232W In the Ol-e of the Nikki, Cornly Girt and Rece,oer p) Teems. canMlibes. Pron.1 sit ob'igatims. a ant. and rights of soy as set lath n nal.umenl. rawoed Clclobw 15. 1998 _ Recepton No. 423281 n the Cities of the PRtn CW lr Cie. rob Records a) Te,ma. ate-ts. a insion anditiah, rob obfitpet of City .1 AiRstf, E--t Age-1 (Moran Cless PipeIe") rttorded Oc INbw l5. 1998 as kac lim N. 123282 kn the Oft. of Me Pill. C tr Cl- and R.caro«. •) I-.. cmdilion5 - Vravfislans at trench, Can it rob-1 We-' racoraw Januory 11, 1999 at Reception Np 426421 n the OK a of the Pise. Comly CMrk and Raardw s) Terms cooditians end provafians at Res 1- N, 99-127 r ,litd August 12, 1999 aecp Rtion an No. 434364 d r -.o Augusl V. 1299 m Reception No. 435034. n Me Offie, of the Pdkn County Gwk rob Rec«dw- t) teems. Age _Is. wo+isians. canditpns ana obkgeliahs a City of Aepan Or.nanee Na. 6 (Seri,. of 2000). tegetber eon Aanseotion Maps, 1a«bled lfoy 1, 2000 a5 Reception No 442835, n the Olt- o1 the Pilkv County Csrk and Rxada. uj ! Agreements, P vi. cwMitwn. and adgatim of Idsnoraburn, regaanq .,h $chow lift toe... rawded August 30, 20M m Prn No. rytio446537. n Ito ONKa of the Piton County perk ano Records. v) leir , ageemmf,, pro�isian., cafbaloa, orb abnWbe is of City of Aspen advance Al, 35 (Series .1 2000) reebordad an Novsnbe, 28, 200D o. Reception No. 449206, aw City of Aspen hdirance No M (sie- of 2") recorded an Navembw 29. 20DD m Reception No. 449267. a vas Me OI/Ke of Me PRkin Casty Clerk alvo Ra ter s) Tw S. amewneni.. ov coh,Rtn and obh,;aflons of pedKatmn an0 Assumptian Eossmsll Agreement -led" Decembw 13. 2OOe as P,aeptlan M, H9654 'n the 011ie, of Me Pilkkr County Girt and R«arow. .) The pesiaos, raa•ded eosem s and ass lrumwnls tol- move as applicable to the prablety sebpet to this plat may be madifisd r scaled Vun to Me tams of any such easement e1 eiii m t and this Mat need reel be amena.d « rete,enced. PITKIN COUNTY, COLORADO SIZE SCKEMAAC - - - LOT ADJACENT TO BLOCK D / BLOCK 0 ecx* y / LOT LYE AT PLAZA LOT tY[ AT LOWER LDEL / ® LOT 5 AT PLAZA ILVEL LOT 2 AT PLAZA LE\EL C_ (LOOM LF L) O 0 BLOCK D / �pROD DASTRICT PLAZA LOT C / / / LOT I 4° LOT 7 op, 1 . ° DISTRACT • \ R(� PLAZ4 LOT A , \ LOT BLOCK E ASPEN / ASPEN N1Cl/14N05 V/L1ACf P.0 D. LOT 8 / f LOCK G I PEN llKHLANLAS I VILLAGE P.U.D. 7\ ERBDW � LOT 4 BLDcx c LOT 3 ASPEN HIGHLANDS VR1ALf P.U.D. \. LOT 24 PLAb1 * Eb . BLOCK H ASPEN HIGHLANDS VILAGE P.U.D. ASPEN HIGHLANDS W AREA I ALPINE SHEET _ 2 OF 5 IN ENGINEERING C. Ef). P S SUSPKS'a C. P O 001 97 MsARvs. caENTER AD0 a1632 e 9M 926-3373 TAX 92e-33D0 e ,)0;6L l7,ii)?5. FIFTH AMENDED PLAT ASPEN HIGHLANDS VILLAGE P.U.D., BLOCK D, LOTS 2, 5 AND 9B SECTION 14, TOWNSHIP 10 SOUTH RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN PITKIN COUNTY, COLORADO NORI FONT / BASIS OF BEARING DETAIL ANGLE Pawl LOT5 / .A' t�5 .30'1{'E IN KRs LS �,16ss�u DISC 9 N6S 19 99 � / FOUND 1-1/2- ALUMIM)M DISC / IN PAVERS LS 33655 / \ LOT 3 / ASPEN J41GHLANDS VILLAGE P.V.O.. / BLOCK D RECEPTION NO. 436003 / R-212.27' L=50.05' Ton = 25.14 d Del to=13'30'37" Chd8ear=N39.25'18'E ��. Chd=49.94' 'O /p p1 0 SIX P,N� `,COL 1L 1%0 peCO"hQ1`O R DRAINAGE EASEMENT \ R RECEPTION NO.423275 �\ SEE BASIS Q< i� LOT 5 \ 0115 BOOMERANG 10.525 ACRES R=745.00' h' % L-4.13' L=177.84' Ton=89.34 Delta=13-40'38' , x\ a ChdBear=S55'20'57•W ' Chd=177.42' �' \ �4 A} e�R=775.00' \. kf L=109 85 Ton=55 02 UNE TABLE LwE LENGTI REARRIG L7 9.1 L2 I u LI 1 'w I L5 L6 w IL7 10,00,E7� L8 1 L9 00111 L12 03 / L14 I '1 L15 7 LIB s4' I• L17 \ Liew L 1 9 N4 14'1 !20 Y • l 111 \ L21 1 Y L71 8' 9 \ 5A L24 I' / L26 1 Y '1 • \ L27 \ / L28 NI '17• L29 i� \ dJ k Lao s I• j \ _ LOT 9 UTIUTY �� \ EASEMENT Y 1 J .t� 'L•S.S2'�k�w // \ �� �S,eY / GRAPHIC SCALE / S3• ' (m rm 1 1 }ncA a 20 rt 11 { 0109 TPRO SPECTORASEMENT DRAWATIONGE EN0275 1/ / 3�F PoM SSNN RP v" \� Delto=08"07'17" Z RELOCATED AT a t.030 ACRES / / / S ti�a9 \g, ChdBeor=N52'04'25•E RECEPTION N0.436003 ti 0 \� Chd=109.76' 6 \ AO. P J \ ' 9� / / '•fr 2,. D 01 cj� p9 p9 ..p pRa"g'F1 y1\G� a3 / v / 1.W DISTRICT PLAZA LOY C RP - RE / \`. J '�� J• ASPEN HIGHLANDS VILLAGE\,P.D\.- R / �A j / Irv: p9s \ BLOCK D RECEPTION NO. 436003 19 �1 Ie.2V 6C n/• wt ON L"C ON LIME 35 40 _ J Vf i•E / j S84'07'50•W 71.20' / DETAIL (NTS) _ \X / ' oy9szg� DISTRK.T PUTA LOi 744 y ASPEN HIGNUNDS VILCf P.U.D. '90• BLOCK D RECEPTION NO. 436003 •\ ,6J L �h > Rp ^` \ N87'35"44"W 31.00' / ATTACHMENT PLAZA LEVEL ALPINE — = SH E-T 3 OF 5 ENGINEERING INC. EDW DS 8USM55 O:N IER • Pa nO 97 EDNARDS. COLORADO 81632 • 970 9M-33'3 926-3390 • ✓o6f 3025.4 FIFTH AMENDED PLAT ASPEN HIGHLANDS VILLAGE P.U.D., BLOCK D, LOTS 2, 5 AND 9B SECTION 14, TOWNSHIP 10 SOUTH RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN PITKIN COUNTY, COLORADO --- - \ LINE TABLE LEGEND i BOf7M£RANG RQ4D LINE LF.15' BEARING Rh:T RG4DJVAY LOT D / .fit; f4Lt1� I L2 19'1 , .W 0 SET 1-1/2' DISC W PAVERS OR CONCRETE ,49P£N H/C4fLAN0.S VIlUfE P.U.D., .O• � tJ r L5 /33655 BLOCK D /L / RECEPTION NO. 436003 / a7r LS ` 6 O SET 5/8' RESAR AND 2- L6 ','W ALUMINM CAP, LS 133655 47 / (/ LE 11 a'4' 0 SETDISC5 CONCRETE / CP CURB \ E)VsnwAO. /9 - t ' /, SET D5C IN COKRETE %Ji 2�.'� / I LIO 1 ' WC "TNESS CORNER LLt RP ALTERENCE PCWT O / / DETiUL A p4• ! / L12 SS_ SANITARY SEWER MANHOLE s b Ll Na L14 1 (SEE LOWER LEVEL MON IMENTAT10N TABLE) (RP-1) LOWER LEVEL RETEIELCE PONT L M 7 Na 150-1 . i E�• LOT 3 I L77 4 ' '3 'W ASPEN HIGHLANDS VILLAGE P.U.D.. Lta a. ' - 1.14' Ato SOWER 1£KL CODER LABEL / (SEE LOWER LEVEL MONUMENTATIpN TABLE) �� .'j\ p �t%• BLOCK D \ 09 .54' M314'15'E e F RECEPTION NO. 436003 / L21 " y PROSPECTOR ROAD Lcds) TIE TO sECTWON EROM PLAZA LE,•EL p° fig. S / D.lSTR1CT R04DW4Y LOT £ L21 , N vB' PROPERTY CORNER ? i ASPEN HIGHLANDS VILLAGE P.U.D.,\ .^ V3L22 a. T .w �. Vl• g' SEE SNNEET S i20.651u) TIE R PE SECROR FROM LOW" LEVEL (11P-1) \ FOR LOCAPON @ DBIENSIONS 6 TMS BLOCK D \ ,' S(LT4 1 N PROPERTY CORNER 0 �66 \ EASEMENT RECEPTION NO. 436003 \ -�—-__.._-__.... -.__. �•,. AO 1AN� \y B / \ / L27 1 :1 SECTION Py e �ti6• �� �9 to � ♦,6 � \ L7d 1 ' Y 'W — — — — — A0.MCERT LOT LOT ACRES Cl A3 ♦\ 4A) / /� \ 5 7 W EASEMENT ACRES \ / / \ L-V N f "1''L .v1 .fi-/4•,. - !/o \V • / / \\\ /" \ LOT LINE ►- �i/ x 1EooS +► �y969 / / \\♦ / - / \ \ VAUTm LOT LINE (LOWER LEVEL) S 1 �Vpt( �. ► ` S/i �i v'A ♦♦ \ `7?�O� LOT 9 UTILITY Y° (RP-7) �•�? EASEMENT OT�EP( �. \a►° \ / 1'I, J� • ti / r GRAPHIC SCALE R 21TEST ♦�\ o N + A9 L-5 sz' q'�y /1 o F I /. 'OJ• LOT LVACATED S. ,% '�})" \\'•\ \M1 OT 5 / 9 BY i,ISIE PLAT j / 1 l IN /1RE ) �6`. a� 2• zo .092 ACRES re. LOT 2 Axt @'S-\(RP-2) A (M 91Hf 3) \\ // (RP-5) \ LOT 9B trh Ago 1.028 ACRES 1A• / ,. y''•, \\ / °sr, // i Lor 7 ASPEN HIGHLANDS VILLAGE P.U.D., BLOCK D RECEPTION NO. 436003 / L / l /FSPW H!GHL4AW VILLAGE PARKLNG 4 AND L04DLNG DgK FACILITY, LOT 9A ASPLOV HIGHLAN(25 V1LIA, P U.O.. BLOCK O, RECEPTION NO. 45M53 CP RAMP EOUNO DISC W CONCRETE / I - / (AEI CONTROL) / ASPEN HlGlii.4N0 CON(MMINIUANS -PHASE 1 c / LOTS 4 & 8. ASPEN HIGHLANDS VILLAGE P.V.D., BLOCK D RECEPTION NO 450455 Al ybp s9 \ / ` AtO I ( J, \ / 2A) / l\ / / ATTACMENT �_ �E�E?iF7CY�t�II•i7� ���•��liF1C47�EHO�7i ��i•��3K'YiiZl[Tl� �•�t3R)•��SI� L' FIRM hE11� ��t�E�?iF}F��^,3iQ��y>�•tFf1F'F� �;rII•�/1F7•�tT:xS1i Lai I MR r� t3�t'L!•,1iYT73� rsas�� EF�c" ffiixlia raa��sWW'sA EffleffArnm Li;ff. >,EiE�•e7Ffii Zip'. �t?ti 4 E?iY fl7id• nm r AiCmm r�mF •'ii7�_= ��r(c�Trc2r'a�(s� ��rt.��sx�s•xs1• `.ems a�Ez azg LOWER LEVEL ALPIN-E __— - SHEET 4 Of 5 ENGINEERING INC. EDwAPDS BUS:NCSS RR • P O A`9T EDwARI'•3 GOL ADO 51632 • x]0 aM-SS:S YL6-3,w • ✓OB IN :015.4 FIFTH AMENDED PLAT ASPEN HIGHLANDS VILLAGE P.U.D., BLOCK D, LOTS 29 5 AND 9B SECTION 14, TOWNSHIP 10 SOUTH RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN PITKIN COUNTY, COLORADO BOOMERANG ROAD PROSPECTOR ROAD DISTRICT ROADWAY D6TRrT Ra4DWAY LOT D LOT £ I 3PFN HIGHLANDS OSPEN T PLAZA LOT A ASPEN HIGHLANDS LOT 5 U.D., ASPS HIGHLANDS VILLAGEP.0 D., I GEP.U.D.. BVILLAGELOCK OP. I BLOCKVILLA 75 T7 J REC. +436003 REC. + 436003 REC +436003 fCF 5, 1155 20 m•--22 L I - - - I LOT 9B LOTr sr.Or ASPEN HIGHLANDS VILLAGE P.Uo., 13 r.10' BLOCK D I REC, i436003 1 SECTION 1-1 A "ITACHMENT 1 57" LEGEND LOT LW alrV soaJ' MEVATON OF LOT LAE LOT CONTINUES UR' —A LOT CONY DO --I A CENT LOT CJNE BOOMERANG ROAD PROSPECTOR ROAD DETRACT RO4DM)' DE7RA^_T ROADWAY LOT E LOT D ASPEN HIGIWAN VILLA ASPEN NP UD.AO5 VILLAGE P.0 D.. —_a0951 DISTRICT PLAZA LOT A BLOCK ➢. U.D.. ' BLOCK D ASPEN HIGHLANDS VILLAGE PU.D. BLOCK D RISC. +436003 REC. +436003 LOT 2 EtEY-600.7' �y�gpB25• BLOCK O L — — — aEa.aw, LOT 5 � ��w REC. ♦ 436003 LOT 1 2JOJ' A3PFJA HIGHLANDS Js.or LOT 98 11'61 VILLAGE P U.D., BLOC( D REC. +436003 SECTION 2-2A DISTRICT PLAZA LOT C yg M. ASPEN HIGHLANDS VILLAGE P.U.D.. LOT 3 BLOCK D LOT 5 REC. + 436003 ASPEN HIGHLANDS CEWS= VILLAGE P.U.D., BLOCK D LOT 7 �I 1367' Lfa REC. 0436003 ASPEN HIGHLANDS ''S• LOT 98 VILLAGE PU. D., DOCK D LOT 98 REC. +436003 SECTION 3-3A PROSPECTOR ROAD DETRACT ROADWAY LOT E ASPEN HIGHLANDS VXL4Z P.U.O., I BLOCK D LOT 5 LOT 3 REC. +436003 ASPEN H.,GHLANDS LTfla<ap1E5 eoa1.5' uEweoe.' VILLAGE P J.O., BLOCK D ASPEN H/GHL4NOS PARKING I R£C. s436oC3 AND LGADR% DOCK PACLJTY LOT 98LOT 98 964- (LOT 9AA J.Jr REC. +450453 � I SFC:TInN 4— 4A DRAwAGE EASEMENT I i� as F. s 0 r/� �2q2 (YUJ� ASPEN HIGHLANDS CONDOMMUMS- PHASE I ILOT 41=Ztea REC. +45P455 • -- I PROSPECTOR ROAD W I W O LOT 2 DISTRICT ROADWAY EAE1tibaEN.S' �y j(j `> 4 I LOT £ ; ASPEN HIGHLANDS t S.9T' IIEV�90.925 .IS'— E7EwaM.7 VILLAGE P. U.D-, BLOCK D 01.J1' RAID. M360D3 LOT 9B 1q LOT 9B L O SECTION 5-5A IT I ORA Aa EASEMENT DETRACT PLAZA LOT A I ASPEN HIGHLANDS 195. Lib ASPEN HIGHLANDS CONDOMINI0I6- VR,LAGE P. up-, I PROSPECTOR ROAD BLOCK D I DETRACT ROADWAY £ ILO41 �7A.BpgLq RREC+4360D3 REV5• LOT ASPEN HIGHL4NDS RISC. +450455 14.6,T I VILLAGE P.U. BLOCK D LOT 98 LOT 2 REC +43500# HAT L1K vAUT� Br FIAT —i a 7z , SECTION 6-6A DR -GE EASEMENT GRAPHIC SCALF. IN FEET > - Inch = 20 /L CROSS -SECTIONS _ALPINE SHEET 5OF5 ENGINEERING INC. -�NERi. 3U°A.i SS _YNTER • "O ?C+ 3) V. Area & Bulk Retirements The area and bulk requirements described in Phis section shall apply to AHV PUD. Floor Area a. Village Core - Total non-exempt Floor Area in the Village Core is limited by Tables 2 and 3. Total Floor Area may not be exceeded, however there may be minor redistribution between categories in Table 2 and buildings in Table 3. b. Townhouses - The free market townhouses are limited to 3,500 square feet of Floor Area per unit as defined under the definition of Floor Area. C. Single -Family Dwelling Units - Block A (Thunderbowl) Free - Market Lots 1, 2, 3, 4, 5, 6, 8, 9, 10, 11 and 12 may be developed with single-family dwelling units containing up to 5,500 s.f. of Floor Area. All other free market residential lots in ARV are limited to 5,000 s.f. of Floor Area, but may increase Floor Area to 5,500 s.f. per lot upon acquisition of a Transferable Development Right (TDR). ;^_ABLE 2 ASPEN HIGHLANDS VILLAGE PUD GUIDE: TOTAL NON-EXEMPT FLOOR AREA IN VILLAGE CORE & TOWNHOUSE NEIGHBORHOODS BY BUILDING Non -Exempt Floor Area Building Square Feet ---------- ------------- Townhouse East* 56,000 2 79,250 3 19,250 4 45,320 5 33,830 6 1,950 7 18,960 8** 99,160 Townhouses West* 56,000 Total 403,420*** ------------------------------------ ---- --- * There are 32 free market townhouse residential units. Floor Area for the townhouses is defined in the definition section. ** Building # 9 identified in the General Submission Plan has been combined with building # 8. *** There may be minor redistribution of Floor Area between buildings, however the total non-exempt Floor Area will not exceed 403,420 sq.ft. Source: Davis Horn Incorporated and Robert A.M. Stern Architects; January, 1998 ATTENT.- • • TABLE 3 ASPEN HIGHLANDS VILLAGE PUD GUIDE: TOTAL NON-EXEMPT FLOOR AREA BY USE Use Non -Exempt Floor Area Square Feet* Village Core & Townhouse Neighborhoods (Blocks C,D i E) Skier Services AfforriAbi o •---lAly 12,000 68,490 Commercial** Townhouses - Residential 48,730 Condominium & Meeting Rooms 112,000 Ski Area Storage 4,800 Tourist Accommodations 2,200 Sub -total 155,200 403,420 Maroon Creek Neighborhood (Blocks F & G) Free -Market 104,500 Affordable Housing 13,570 Sub -total 118,070 T-bowl Neighborhood (Blocks B & A) Free-market 66,000 Affordable Housing 24,750 Sub -total 90,750 Total 612,240 * Total non-exempt Floor Area will not be exceeded, however there may be a minor redistribution between categories. ** This table reflects total commercial Floor Area. Net Leasable Area as defined will be 21,600 s.f. of retail space and 14,125 s.f. of restaurant space. Source: Davis Horn Incorporated and Robert A.M. Stern Architects; January, 1998 ATTAC WENT 1 -JUL. I lflVh oav•nilrco H•JfCIV n1gnLMIVUo V1LLMUC ,AND TITLE VMPANY Reprrerendi IanQ7weIMUWnCr Corp& —a nn, UldRCPMbiL-jVMiorta! TAIL Imur"Ce Comcpmry & CiLi aw Tole Inn' unre Cowpony July la, 1001 Re: Aspen Highlands Block D Ownership To whom it may concern: IVU. i! / " - -- ---- ATTACHMENT According to the public record of Pitkin Coimty, as of July b, 2001 ownership into rests of lots 45 and 98 of Block D, Aspen Highlands Village, are 3.s follows_ Lot 2: Hines Highlands Limited Partnership as to a ten percent interest and The R" tz- Carlton Development Company, Inc., as to a ninty percent interest. Lots 5 and 9B: Hines JiigWands Limited Partnership Cinrr_.w.ly •ram` _'------ v ` -- A V.Wj JI:LIIlISCjjj111 -S1[ 11G 1V�GCt33S et M E Hopklne sum 102 AEpan MaZa Bldg. Aspon. 00 8IM1 1 (970) MS-IM FAX (M) MS-eM Jul^^ I J. L V V 1). / J J I' I1, yu 511 1 It L ',J n, I L l t I l U l i L n t% V .1 1 1 L L n U L 0 July 1.2, 2001 970 92f5 bJ'rv• J'."u L r ATTACMMT.._,: GREG KARCVZWSKI MINES HIGHLANDS LIMITED PARTNERSHIP BOX 5115 ASPEN, COLORADO 81612 570-920-1710 Steve Clay City of Aspen Community Development Department 130 SouLh Galena street Aspen, Colorado a1611 s"tn: Aspen High"LandLa Village Planawam i Cnit Development Subdivision 41A0�,� tYaa ♦.IV b i�iNe "d j V1i �./MQ M Plat for Block L Dear Steve: Hines Highlands Limited Partnership is the developer of the Aspen HighlandS, Village Planned Unit Development (PUll). This .Letter authorizes Davis Horn Incorporated to prepare a Subdivision Exemption I.ot Line Adjustment Plat land uSe applications on our behalf and represent us in the City of. Aspen land Use process. The application proposes a minor adjustment to 10L lines separating Lots 2, 5 and 9b, block v, in Aspen Highlands Viliage PUD. Please call me at 920-1710 if you have any questions. v.ircerelY . GREG KARCVEWSKI HINES HIGHLANDS LIMITED PARTNERSHIP Clay uL. I ). L'J�) I J )yhlyl t11IVLJ w rn MIUMLHINU) YILLHUL 970 925 SAU. }UO r, j P.05 Jtl l -- _ _ �� _ _ yus fi, TTACIWE?ff ASpENrnrTKIN COMMUNITY DEVELOPMENT DtPARTMENF Agmement_for Payment arcitY rAepen DevtIepment AlfPiicrttiion rccs_ CITY OF ASPEN (hereinoftor CITY) ar d Ts� lnerctftWICt AYYL({rAIN 1) AURZt AN YVI,LV,iYJ: ti = I Lt- t-t 0 too - 1 AI'PI1CANT understands and agrees that City of Aspen Ordinance No. 49 (Series or 1999) estabiishCs R fhe strat nlre for Lind Use opplicat;oes and the payment of all processiAt fees is a condition prccedcnt to a detccminuion of anpficmion complowness. -3- APPLIICI liN i and Ci! i agree thw because of ine silo, raAWit or stope W ine piopbsso project, it is out; YO ttllq it trtt$ 1uRrr iV iDf.GiWW WV IVLL 11 wtci"1i va �11G wits ins :•�CQ M �r,vw.ri w.b %YYa1vw+.v11• e4DT ?t A%J r —A !`ITV IC-111— .w.. fit.-"r a +�— �r� ref 1%e PL—tiv-1 N,^r ADrr t(�nATT ],i�1r» r�vmrnt nC an iriliq_t dCees=r n—M- to thereafter nennit 3ddiEiphal re&N to be billed to APPLICANT on a inenthiv basis. APPLICANT a-g-mes addiliortal costs may accrue following their bwrinCs mdlor approvals. APPLICANT agrees he will be benefired by retaining greaosr rasa liquidity and will make aidditioaal. payments uport notification by the CITY when they arc aece3sary as costs ate incurred. CITY tenets it will be benefiud through the grader certainty of t%=%,ering its fu11 costs to process APPLICANT'S applieation. 4. CITY and APPLICANT further •gma tho it is impfactic4b3e for CITY skiff to complete V Ii"5tag Vr PT r.3 Gd:G 6kL Cf1.-t 111 Lunna'iQA w 1i1G PIARn rl ii. j C V-im ii Sa iwc Pr1Gs�vi v�i� v�.vi �ii ry CrioviV wig itli ��1? —.1. t.rtv.tty . +:roe t'nainr a 4,r hillirttc ,vc n,.;d ;n t_Il l �rinr rn ci�ricin� 5- Therofore, APPLICANT agrcb chat in consideration of the CITY's wai%-Cr of its right to collect Cull foes prior to a dcterndnatfou of application cornprctcnoss, APPLICANT Will pay in initial deposit in cite amount of S ftIO which is for _ hours of Commvnity Development sulT time, and if tutual recorded costs exceed the initial deposk. APPLICANT shall pay atiditionai rnonthiy biiiings to Cii r rc renuuursc lriC Ci ► f for the processing vi ibc aPpliGXton lactrioncA DDwc 1"i—mudiR6 - p6m; aPP vvu'a Pcylaw. GouGi1 pr-J .'al. �_.. r.i._ �:!:t _ ..nr •�a.JT .x. rr.� f : r = F:" wc1: Er:7iia`u,, u Spot, vw ui�'n-.1w.ri .iv uJs o, .uG vtU...b ae:A in *ek _re win huilrFnn Termites be � � i4sli nail nll — - •7 r- cnc,a vcaneiatcj %616 rhee nrneetciftr have Ixzrt paid CITY OF ASPEN 1_1__ ,__ a11_—. ./HttG Auu rrvvtaa ���« ,w��il.. r��v�latrtwleni ilirfrtAr 0:lxu pport%fo rnulagrpzyas. d oc t =7M APPLICANTi yr t?�ttcr v I f 4 MAling Address_ :!!!!.-i i rut!i wr.v u4•:]I r!i rnn rw1. r. ut PLANNER-. PROII ECT: r�PR ,SENTA11VE: • nrrn. TYPE. OF APPLICATION DESr-FtP41ON: AiTACNENT ' CITY OF ASPEN . wra�rre��r\l/�C cfi6Ali.AAdV Highlands `v'iliaue ,�.locA;.r ;:,. ;tc,e .0 �:.��.._..- Ciienn Horn Flines Higiiiands i.imiicd Lot Line Araiustment The applicant would like io j do^s �o+ Rlc=kB :r> he P ad ust the iu� tnrca �� a;i:,•r adjusted to make them part of lots 2 and 5. J of 7a ;s a F IUa JJ,b r,—.b" ULy fi!r ina, manner that made it a separate iot from the i)uiiuutFs U14L a,., %AXI ....J .... • •-• • - ,�.,r.«a�c,,tr;;,,P Mechanical room for Lot 5 and several other areas that operate sollely 1-1,0,--•- abnve them are currently located in Lot 9B. the applicant may (lave itlu ,wa�rvv,b vE.�w••� to corrt�ct the lot lines and accomplish what they want. • 0 i . Create and dedicate easements in lot 9B as it is currently platted for the benefit of I..ots 2 and 5 that include the subject areas, as well as, what is needed to access these areas through the rest of Lot 9B. 2- The applicant could also potentially do a lot line adjustment. However, the Lot Line Adjustment can not change the FAR allotted to thu different lots. Staff recommends that Hines pursue the casement option. Lot Line Adjustment Land Use Code Sectionts) 26.480.030 Subdivision Exemptions Review by: Staff for Completeness, DRC for technical information. Public Hearing: NO. Referral Agencies: Engineering Planning Fees: Planning Deposit ($500) Referral Agency Pees: Engineering, Minor ($180); Total Deposit: $680 (additional hours are billed at a rate of $205/hour) To apply, submit the following information: 1. Proof of ownership (for both properties) 2. Signed fee agreement 3. Applicant's name, address and telephone number in a letter signed by the applicant which states the 7anle, address and telephone number of the representative authorized to act on behalf of the applicant- 4. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, casements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 5. Total deposit for review of the application Jut-t l -CUUI Wr-U U4rot rll rHA M. ATT'AIENT` 6. 3—Conies of the complete application packet and snaps. HPC _ 12; PZ = 10: GMC = PZ+5; CC = 7; Referral Agencies = I/ea.; Planning Staff = 2 7. An R 10" by 11" vicinity map locating the parcel within the City of Aspen. 8. Dntft plat including topography and vegetation showing the current status, including all casements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. Contact Engineering Department if more specific information needed. 920-5080. 9. A written description of the proposal and an explanation in written, graphic, or model fonn of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as Nvell as proposed. Please refer to the review standards in the application. Disclaimer: The foregoing summary is advisory hi nature only and is not binding on the City. The summary is based on current Zoning, which is sub ect 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 ri; ht. J ,26.2Q01.�.»:'c�1 HINES ASPEN HIGHLANDS VILLAGE N0.741 I i6�LA�DS iiilL�G� fl S P�fl �I FACSIMILE TRANSMITTAL SHEET To: ROM: ! Steve Clay - City of Aspen Planning Greg KarczewsK Hines Richard Goulding - City of Aspen Engineering DATE: 07/26/01 PAX NUMBER: TOTAL NO. OF PAGES INCLUDING COVER= q2o — SoYI Building 5 Platting ❑ URGENT FOR REVIEW ❑ PLEASE COMMEN-r ❑ PLEASE REPLY ❑ PLEASE RECYCLE NOTES/COMXPI�'TS: i Steve / Richard - I appreciated the opportunity to walk the village with you this afternoon and talk through . the Lot 9B plat amendment. Hopefully, you found it valuable in aiding your review. In follow-up to our meeting, I thought it might be useful to reiterate schedule so that we are all on the same page. The end goal is to close the community housing units in Building 5 by August 20`h. In order to accomplish this, I would like to work with you both to gain complete city review and approval of aoTH the LOT 9B PLAT AmTrmmmNr and the BLUDING 5 CoNDoMLNrum MAP by August 15d'. This will allow us to record these documents prior to the closings on August 20'. These goals seem very attainable given our discussion about receiving a first set of city comments by the end of next week. Please call me directly if I can provide additional information that will help facilitate your review. Thank you_ ASPEN HIGHLANDS VILLAGE PH: 970.920.1710 FAX: 97C-920-3955 C FIFTH AMENDED PLAT ASPEN HIGHLANDS VILLAGE P.U.D., BLOCK D, LOTS 27 5 AND 9B SECTION 141 TOWNSHIP 10 SOUTH RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN PITKIN COUNTY, COLORADO COMMUNITY DEVELOPMENT APPROVAL THIS AMENDED PLAT OF ASPEN HIGHLANDS VILLAGE P.U.D.. BLOCK D. LOTS 2, 5, AND 9B WAS REVIEWED AND APPROVED BY THE COMMUNITY DEVELOPMENT DIRECTOR OF THE CITY OF ASPEN PLANNING DEPARTMENT ON THIS ___ OF ------_DAY ---------------- 2001. --------------------------- DIRECTOR, JULIE ANN WOODS CITY ENGINEER'S APPROVAL THIS AMENDED PLAT OF ASPEN HIGHLANDS VILLAGE P.U.D., BLOCK D. LOTS 2, 5, AND 96 BLOCK D. WAS REVIEWED AND APPROVED BY THE CITY ENGINEER OF THE CITY OF ASPEN, COLORADO, THIS _--_--_--DAY OF ___—_ -------------- CITY ENGINEER, NICK ADEH CLERK AND RECORDER'S ACCEPTANCE ACCEPTED FOR RECORDING IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO, AT _____O'CLOCK—_M. ON THIS _-_____ OF AY ______--_- D __, 2001 IN PLAT BOOK ________- AT PAGE --___ AS RECEPTION NO. CLERK AND RECORDER, PITKIN COUNTY, COLORADO SURVEYOR'S CERTIFICATE I, Dana B. Spigener, do hereby certify that I am a Registered Land Surveyor licensed under the laws of the State of Colorado; that this plot is a true, correct and complete plat of Lots 2, 5 and 98, Aspen Highlands Village P.U.D., Block D, as laid out, platted, dedicated and shown hereon, that such plat was made from an accurate survey of said property by me and under my supervision and correctly shows the location and dimensions of the lots, easements and streets of said subdivision as the some are staked upon the ground in compliance with applicable regulations governing the subdivision of land. The control survey precision is greater than 1:10,000. In witness whereof, I have set my hand and seal this _______day of __—_ BY: ------- Dana B. Spigener, LS#33655 Registered Land Surveyor TITLE EXAMINER'S CERTIFICATE The undersigned, a duly authorized representative of Land Title Guarantee Company, a title company regularly doing business in Pitkin County, Colorado, does hereby certify that the persons listed as owners on this supplemental plot hold fee simple title to the within described real property, free and clear of all liens and encumbrances except those listed in the General Notes on Sheet 2 of this supplemental plat. Although we believe the facts stated on this plat are true, this certificate is not to be construed as an abstract of title, nor an opinion of title, nor a guarantee of title, and it is understood and agreed that Land Title Guarantee Company neither assumes nor will be charged with any financial obligation or liability whatsoever on any statement contained herein. Dated this _______day of-----------------, A.D., 2001. Agent: LAND TITLE GUARANTEE COMPANY BY: NAME:____ STATE OF COLORADO) SS COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this A.D., 2001 by: _____-_ day of Title Examiner for Land Title Guarantee Company. My commission expires: ....... WITNESS my hand and officol seal. Notary Public CERTIFICATE OF OWNERSHIP Know all men by these presents that HINES HIGHLANDS LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP, and THE RITZ-CARLTON DEVELOPMENT COMPANY, INC., A DELAWARE CORPORATION, being the record owners Of all that real property described as follows: LOTS 2, 5 and 98, ASPEN HIGHLANDS VILLAGE P.U.D., BLOCK D, City of Aspen, Pitkin County, Colorado, according to the supplemental plat thereof recorded September 28, 1999, in Plat Book 51 at Page 41, as Reception No 436003 in the in the Office of the Pitkin County, Colorado Clerk and Recorder, have by these presents laid out, platted and subdivided the some into lots as shown on this plat under the name and style of Lots 2, 5 and 9B, Aspen Highlands Village P.U.D., Block D. EXECUTED this ________day of — - - - - - - - - - - - - - - - -- A.D., 2001 OWNER OF LOTS 5 AND 9B, HINES HIGHLANDS LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND AN UNDIVIDED 10% P.O. Box 5115 INTEREST AS TO LOT 2: Aspen, Colorado 81612 BY: ASPEN HIGHLANDS SKIING CORPORATION, A DELAWARE CORPORATION General Partner BY: --------------- Vice-President STATE OF COLORADO) )SS COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this _______ day A.D., 2001 by ___---__-- ___________as -__----President of ASPEN HIGHLANDS SKIING CORPORATION, A DELAWARE CORPORATION General Partner of HINES HIGHLANDS LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP. My commission expires: ____ ------------------------------ WITNESS my hand and offical seal. --------_ __ - - - - - - - - - - - - Notary Public — - - - - - - - - - OWNER OF AN UNDIVIDED THE RITZ-CARLTON DEVELOPMENT COMPANY, INC., A DELAWARE CORPORATION 90% INTEREST AS TO LOT 2: 6649 Westwood Boulevard, Suite 500 Orlando, Florida 32821 BY: ------------------------ President STATE OF ) )SS COUNTY OF ) The foregoing instrument was acknowledged before me this --- —_ _ day cf______ A.D., 2001 by _ _______------ __________as -----President of The Ritz -Carlton Development Company, Inc., a Delaware corporation, on behalf of the corporation. He/she is personally known to known to me or has provided —______________---_ -as identification. My commission expires: ....... WITNESS my hand and offical seal. CONSENT OF MORTGAGEE The undersigned is the holder of a deed of trust encumbering the land described under the Certificate of Ownership which deed of trust is described as follows: I. Deed of Trust dated September 29, 1999, from The Ritz -Carlton Development Company, Inc., a Delaware corporation, to the Public Trustee of Pitkin County for the use of Hines Highlands Limited Partnership, a Delaware limited partnership, to secure the sum of $26,966,667.00 recorded September 30, 1999, under Reception No. 436136, and as amended in instrument recorded on February 21, 2001 at Reception No. 451714 in the Office of the Clerk and Recorder of Pitkin County, Colorado. The undersigned hereby consents to the foregoing subdivision of such land as contained in the Certificate of Ownership, and agrees that the deed of trust shall be subordinated to this plat and the easements contained herein and shown hereon. MORTGAGEE HINES HIGHLANDS LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP P.O. Box 5115 Aspen, Colorado 81612 BY: ASPEN HIGHLANDS SKIING CORPORATION, A DELAWARE CORPORATION General Partner BY: --------------- Vice- President STATE OF COLORADO) )SS COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this --__-_- dayof__-_____--_ A.D., 2001 by: --__________ _______________President -HLANDS SKIING CORPORATION, A DELAWARE CORPORATION General Partner of HINES H HIGHLANDS LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP. My commission expires: ______-_ WITNESS my hand and offical seal. -------- Notary Public Notary Public SHEET INDEX sHEE] 1 COVER SHEET SHEET 2 GENERAL NOTES, S/rE sCHEMAr/C SHEET 3 PUT SHEET PLAZA LEVEL SHEET 4 PLAr SHEET LOWER LEVEL SHEET 5 _sECTLOM FIFTH AMENDED PLAT ASPEN HIGHLANDS VILLAGE P.U.D., BLOCK D, LOTS 29 5 AND 9B SECTION 14, TOWNSHIP 10 SOUTH RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN GENERAL NOTES: ✓S + 1. The purpose of this subdivision exemption plot is adjust the lot lines between Lots 2, 5 and Aspen Highlands Village P.U.D., Block D. No new lots are created by this plat. 2. Basis of Bearing: N63'30'14"E between found 1-1/2" aluminum discs in pavers, LS #3365 at a northerly angle point and the northwest corner of Lot 8 (Aspen Highlands Condominiums - Phase 1), Aspen Highlands Village P.U.D., Block D. 3. Basis of Elevation: Benchmark (TBM) as depicted on the Aspen Highlands Village P.U.D. final plat, Elev. 8039.59'. 4. NOTICE: According to Colorado low you must commence any legal action based upon any defect in this survey within three years after you first discover such defect. In no event may any action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. 5. Date of Survey. April 11, 2001. 6. PUD Plat Easements. All easements existing on the subject property as of the date of recording of this plat, including, without limitation, all easements referenced on and/or created by that certain plat of Aspen Highlands Village P.U.D. recorded in the Office of the Clerk and Recorder of Pitkin County, Colorado, on October 15, 1998 in Plat Book 47 at Page 1, and that certain supplemental plat of Aspen Highlands Village P.U.D., Block D, recorded in the Office of the Clerk and Recorder of Pitkin County, Colorado, on September 28, 1999 under Reception No. 436003 in Plat Book 51 at Pages 41-46 (the "Block D Plat"), remain in force and effect for this plat unless specifically modified or amended or otherwise indicated on this plat. 7. PUD Guide. The land included in this supplemental plat is subject to the terms, conditions and provisions of the Aspen Highlands Village Planned Unit Development Guide recorded in the Office of the Clerk and Recorder of Pitkin County, Colorado, on October 15, 1998, under Reception No. 423274, and Resolution 98-254 recorded August 25, 1999 as Reception No. 434844, as the some may be amended from time to time. The P.U.D. Guide establishes permitted uses and floor area in the P.U.D. As per the P.U.D. Guide, the adjustment of Lots 2, 5, and 9B lot lines does not affect in any way the permitted floor area on the Lots. 8. Master Declaration. The property included in this supplemental plat is subject to the terms, conditions, easements and provisions contained in or established by the Declaration for Aspen Highlands Village, recorded in the Office of the Clerk and Recorder of Pitkin County, Colorado, on October 15, 1998, under reception No. 423272, as the some may be amended from time to time (the "Master Declaration"). 9. Hines Highlands Limited Partnership for itself, its specifically delegated heirs, successors, assigns and licensees, hereby reserves the following perpetual, nonexclusive easements and rights of way. (a) Utility Easement: An easement on, over, across and through those portions of this plat designated "Lot 9 Utility Easement" for the purpose of (i) using, installing, constructing, maintaining, improving, repairing and replacing utility facilities of any kind or nature whatsoever, including but not limited to, cable television lines, fiber optic lines, and other communication facilities, (ii) using, installing, constructing, maintaining, improving, repairing and replacing ventilation and HVAC ducts and other facilities and (iii) access for installation and maintenance of such facilities, together with a perpetual right of ingress and egress to and from such Easement. 10. This property may be subject to the following title exceptions, obtained from Land Title Guarantee Company Commitment No. 0381836, dated March 29, 2001, Commitment No. 0381837, dated March 29, 2001 and Commitment No. Q381838-2, dated April 2, 2001. Refer to said commitments for all title information a) Easements and rights of way for water pipeline purposes as set forth in instruments recorded June 10, 1960 in Book 191 at Page 15 and recorded September 18, 1961 in Book 195 at Page 231 in the Office of the Pitkin County Clerk and Recorder. b) Terms, conditions and provisions of Resolution No. 97-167 recorded September 30, 1998 at Reception No.422629 and Resolution No.39 (Series of 1998) recorded October 5, 1998 under Reception No. 422779 and Resolution NO. 98-79 recorded October 15, 1998 under Reception NO. 423268, all in the Office of the Pitkin County Clerk and Recorder. c) Terms, conditions and provisions of agreement recorded April 28, 1981 in Book 407 at Page 648 and assignments thereof recorded December 13, 1993, respectively, in Book 734 at Page 625 and Book 734 at Page 848 in the Office of the Pitkin County Clerk and Recorder. d) Terms, conditions and provisions of order of inclusion in Aspen Consolidated Sanitation District recorded December 9, 1997 under Reception NO.411462 in the Office of the Pitkin County Clerk and Recorder. e) Terms, conditions and provisions of Special Covenants, Conditions and Restrictions recorded October 27, 1997 under Reception No. 409939 in the Office of the Pitkin County Clerk and Recorder. f) Easements and rights of way for snow making line, Jones Drawoff Pipe, telephone lines, and cable TV lines as constructed and in place as set forth on the survey of a portion of the subject property prepared by Schmueser Gordon Meyer Inc., dated September 21, 1997. g) Easements, rights of way, terms, conditions, provisions and obligations as contained in Easement Agreement (Block D) recorded October 15, 1998 at Reception No. 423258 in the Office of the Pitkin County Clerk and Recorder. h) Easement, rights of way, terms, conditions, provisions and obligations as contained in Ski Easement Agreement recorded October 15, 1998 under Reception No. 423259 in the Office of the Pitkin County Clerk and Recorder. i) Terms, conditions and provisions of Raw Water Agreement, Irrigation, recorded October 5, 1998 under Reception No. 422780. in the Office of the Pitkin County Clerk and Recorder. j) Terms, conditions and provisions of Water Service Agreement recorded October 5, 1998 at Reception No. 422782, and first addendum thereto recorded October 5, 1998 under Reception No. 422783, in the Office of the Pitkin County Clerk and Recorder. k) Terms, conditions and provisions of Subdivider's Agreement recorded October 15, 1998, under Reception No. 423271 in the Office of the Pitkin County Clerk and Recorder. 1) Terms, conditions and provisions of Preconnection Agreement recorded October 15, 1998 at Reception No. 423276 in the Office of the Pitkin County Clerk and Recorder. m) Terms, conditions and provisions of Collection Systems Agreement recorded October 15, 1998 at Reception No. 423277 in the Office of the Pitkin County Clerk and Recorder. n) Terms, conditions, provisions, obligations and restrictions as contained in the Aspen Highlands Detailed Submission Plan recorded October 15, 1998 at Reception No. 423269 and as set forth on the Detailed Submission Plan Maps recorded October 15, 1998 in Plat Book 46 at Page 44, all in the Office of the Pitkin County Clerk and Recorder. o) Terms, conditions, provisions and obligations concerning parking facilities and commercial units as evidenced by memorandums of agreement recorded October 15, 1998, respectively, at Reception No. 423279 and Reception No. 423280 in the Office of the Pitkin County Clerk and Recorder. p) Terms, conditions, provisions, obligations, easements and rights of way as set forth in instruments recorded October 15, 1998 under Reception No. 423281 in the Office of the Pitkin County Clerk and Recorder. q) Terms, agreements, provisions, conditions and obligations of City of Aspen, Easement Agreement (Maroon Creek Pipeline) recorded October 15, 1998 as Reception No. 423282 in the Office of the Pitkin County Clerk and Recorder. r) Terms, conditions and provisions of trench, conduit and vault agreement recorded January 11, 1999 at Reception No. 426421 in the Office of the Pitkin County Clerk and Recorder. s) Terms, conditions and provisions of Resolution No. 99-127 recorded August 12, 1999 at Reception No. 434364 and rerecorded August 30, 1999 as Reception No. 435034, in the Office of the Pitkin County Clerk and Recorder. t) Terms, Agreements, provisions, conditions and obligations of City of Aspen Ordinance No. 8 (Series of 2000), together with Annexation Maps, recorded May 1, 2000 as Reception No. 442835, in the Office of the Pitkin County Clerk and Recorder. u) Terms, Agreements, provisions, conditions and obligations of Memorandum, regarding High School lift towers, recorded August 30, 2000 as Reception No. 446537, in the Office of the Pitkin County Clerk and Recorder. v) Terms, agreements, provisions, conditions and obligations of City of Aspen Ordinance No. 35 (Series of 2000) recorded on November 28, 2000 as Reception No. 449206, and City of Aspen Ordinance No. 36 (Series of 2000) recorded on November 28, 2000 as Reception No. 449207, all in the Office of the Pitkin County Clerk and Recorder. w) Terms, agreements, provisions, conditions and obligations of Dedication and Assumption Easement Agreement recorded December 13, 2000 as Reception No. 449654 in the Office of the Pitkin County Clerk and Recorder. x) The previously recorded easements and instruments listed above as applicable to the property subject to this plat may be modified or vacated pursuant to the terms of any such easement or instrument and this plat need not be amended or referenced. c PITKIN COUNTY, COLORADO SITE SCHEMATIC LOT ADJACENT TO BLOCK D / BLOCK D BOUNDARY Ok t,QyyE LOT LINE AT PLAZA LEVEL / LOT LINE AT LOWER LEVEL ® LOT 5 AT PLAZA LEVEL / + + + LOT 2 AT PLAZA LEVELLOT / (LOWERGLEVEL) B / 9 BLOCK D / ��ABLOCK 61- LOT 3 ASPEN HIGHLANDS / / O0�1 01 VILLAGE P.U.D. ¢ DISTRICT PLAZA LOT C - ------ - --- + / --LOT 5- - _- + + + + LOT 1 --_ _ - - -_ + ' + + + + + + + + + + / + + + + + + + + + + + t$��/ = r . }++ + LOT 2 + + + + + Loy _ + +\ + PLAZA LEVEL+ + _P �1A� LOT 7 + ' j + C+ + + + + + + + + + \01 R�Ao / ++ + + + + + ++++++++++++++++ + + + + + LOT 4Al + + / oAP, R DISTRICT PLAZA p� LOT s LOT A \ BLOCK H / ASPEN HIGHLANDS BLOCK E VILLA GE P, LA D. � ASPEN HIGHLANDS VILLAGE P.U.D. LOTS „=80' I ASPEN HIGHLANDS SKI AREA LOCK G I PEN HIGHLANDS I VILLAGE F.U.D. FIFTH AMENDED PLAT ASPEN HIGHLANDS VILLAGE P.U.D., BLOCK D, LOTS 29 5 AND 9B SECTION 149 TOWNSHIP 10 SOUTH RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN PITKIN COUNTY, COLORADO PLAZA LEVEL FIFTH AMENDED PLAT ASPEN HIGHLANDS VILLAGE P.U.D., BLOCK D. LOTS 29 5 AND 9B SECTION 14, TOWNSHIP 10 SOUTH RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN PITKIN COUNTY, COLORADO Ba�YJERANG ROAD / DISTRICT ROADWAY LOT D ',ASPEN HIGHLANDS VILLAGE BLO CK D / / RECEPTION NO. 435003 / s- PLATTED O� �6is LO UAIIE A21 ' 0.77' I / I / CP CURB (3A) 0�aSTVNWG w O�jO SET DISC IN CONCRETE \ \ ^ OHO' DETAIL A \ o X N13 �tx RO. LOT / ASPEN HIGHLANDS VILLAGE P.U.D., / •� r �,, BLOCK D \ �s RECEPTION NO. 436003 / s O PROSPECTOR ROAD �O. MCP' `rsr / \Os o/ DISTRICT ROADWAY LOT E \ SEE SHEET 3 ASPEN HIGHLANDS VILLAGE P.U.D.,-,, \\ �� 057.,B8 , �OSts (RP-1)i� \\ FOR LOCATION & DIMENSIONS OF THIS BLOCK D \ i ��rp6' �!1 \ EASEMENT RECEPTION NO. 435003 \ �' v LOGS 67 �, 'lam _ fro A2 / \ LOT 5 < <��� Cl A3 vv (4a) 0.050 ACRES 86 \ / 85 C2 09 J ��• �� Al N, B 4 B2 0 00. AOyQ� P�\Ot� j. C10 .���h� cis c3 R� A22 (RP-7) \, 2 / 0.0 9 Z / C9LOT 5\ S9'3e?E \\ C8 .092 ACRES !y SEE DETAIL A \ 'GR c� C6 S LINE TABLE LINE LENGTH BEARING L1 9.15' N39'10'40"W L2 12.92' N50'49'09"E L3 5.57' N39'10'39"W L4 8.53' S24'29'53"W L5 1.01' S49'31'56"W L6 9.62' S49'32'11 "W L7 10.80' N40'18'13"W L8 11.45' S49'41'47"W L9 5.03' S40'18'13"E 00 9.56' S40'28'16"E L11 8.40' S49'33'03"W L12 8.08' N49'33'03'E L13 2.48' N40'26'57"W L14 11.64' N46'36'42"E L15 7.40' N4931'56"E L16 4.49' N49'31'56"E L17 4.49' N30'31'32"W L18 24.92' N69'28'54"E L19 25.54' N43'14'15"E L20 6.98' N30'37'33"W L21 21.28' N39'49'31 "E L22 4.88' N30'27'46"W L23 9.29' S40'28'29"E L24 60.13' S73'36'20"W L25 26.67' 1440'25'29"W L26 19.87' S50'58'12"E L27 33.93' N04'59'58"E L28 32.66' S16'49'47'W L29 27.96' N60'50'03"E L30 2.94' S49'32'01"W L31 2.00' S49'32'01"W LOT LINE - - - - - - VACATED LOT LINE /6 ,A. ) (LOWER LEVEL) V °R LOT 9 UTILITY \V j / s77 4- moo EASEMENT0. or•� GRAPHIC SCALE S7 L=5.52 7A�- 5" D \ // / t5% 410 � � �' � 20 0 10 2040 80 C1O 6 Q LOT LINE VACATED BY THIS PLAT \ i 1 ( IN FEET ) 1 inch = 20 ft. A4 % LOT 2 % \ \ / QO\\ s>, \`1 ��' o�'' a"g / (SEE SHEET 3) \\ . A21 ! (RP-2) A5 / \ (RP-5) 6� Nta \ ' \ X C7 S� �'$ LOT 9B `' �1:. A20 moo. / �OQ, �� LL 1.028 ACRES A19 0. �s �5� �� / '' \ D2 T 7O 4 / ASPEN HIGHLANDS PILLAGE P.U.D., �j' O v S49'31'44"W C4 �O A18 BLOCK D ` RECEPTION NO, 436003 LG / S40'28'16"E v O� N! / / 7. � SQ s / / A17 �h� �• / / .,\ C14 .24'28•W / (RP-6) A15 k/ RS So si�� A6 N8657'51'E 2R0. 2 ��. \\ �s� �h�/�� LO .,\ 2 D3 52.97' 07E) v // X t'� 000 \ O•. 024 ACRES (RP-3) A7 /S6 / O ABC !y LOT LINE X /VACATED B16 tjj THIS PLAT A8 Cj Cj) / 0D C5 -A-3PEN HIGHLANDS VILLAGE PARKING a�y�& / \\ C13 AND LOADING DOCK FACILITY, LOT 9A ASPEN HIGHLANDS VILLAGE P.U.D., BLOCK D, RECEPTION NO. 450453 / � '�5' 5 i CP RAMP FOUND DISC ! :, O ��. ` Gj IN CONCRETE (AEI CONTROL) / ASPEN HIGHLAND C0NDOM/N1UMS -PHASE 1 '' /q \. / LOTS 4 &- 8, ASPEN HIGHLANDS VILLAGE P.U.D., BLOCK D R -4)/ \ \ RECEPTION IYO. 450455 - - - (LOT dJ �o�j Al2 6 _ VA14 i� •�� ,� A9 \ / A10 � / \ r `JLA I (11A/FR I F\/FI AArAII IAAFNTATIC)N TARI F REF POINT CORNER BEARING DISTANCE RP-1 Al N23'49'45"E 45.09' RP-2 Al N24'34'14"W 141.37' RP-1 A2 S81'50'40"E 61.62' RP-2 A2 N08'06'45"W 81.37' RP-1 A3 S74'24'13"W 55.73' RP-2 A3 N14'11'50"W 76.65' RP-1 A4 S53'42'12"E 135.86' RP-2 A4 N76'31'12"E 38.07' RP-2 A5 N77'13'27"E 37.17' RP-3 A5 N13'l7'43"W 76.66' RP-2 A6 S58'32'00"E 106.14' RP-3 A6 N73'19'19"E 38.26' RP-2 A7 S54'01'03"E 107.51' RP-3 A7 N84'26'44"E 33.27' RP-3 A8 S81'59'27"E 51.98' RP-4 A8 N61'12'03"E 120.98' RP-3 A9 S23'20'38"W 88.19' RP-4 A9 S51'35'30"E 24.92' RP-3 A10 S30'13'56"W 105.44' RP-4 A10 S03'05'21"E 25.65' RP-3 All S33'07'06"W 103.61' RP-4 All S05'44'05"W 21.40' RP-3 Al2 S30'39'20"W 91.39' RP-4 Al2 S30'56'41"E 15.31' RP-3 A13 S36'12'59"W 88.65, RP-4 A13 S19'06'44"E 6.39' RP-4 A14 S33'48'04"W 20.51' RP-5 A14 S27'33'26"E 169.23' RP-5 A15 S03'56'47"E 60.20' RP-6 A15 S84'16'13"E 48.27' RP-5 A16 S20'39'04"W 100.17' RP-6 I A16 S12'24'04"E 39.25' RP-5 A17 S57'04'50"W 88.47' RP-6 A17 N76'44'36"W 31.21' RP-5 A18 S57'46'03"W 81.41' RP-6 A18 N64'12'01"W 27.49' RP-5 A19 S74'05'06"W 88.28' RP-6 A19 N52'53'21"W 51.43' RP-5 A20 S75'21I16"W 84.22' RP-7 A20 S10'12'46E 55.83' RP-5 A21 S86'13'20"W 94.54' RP-7 A21 SO4'14'07"W 39.99' RP-5 A22 N73'00'43"W 125.75' RP-7 A22 N84'11'44"W 31.01' RP-6 61 N12' 1'32"W 127.9 ' RP-7 Bl N 8'45'47" 41.05' RP-5 B2 N52'01'00"W 6 .68' RP-7 82 N76'58'19"E 38.23' RP-5 B3 N10'42'01"W 77.35' RP-6 63 N12'40'41"E 134.52' RP-5 B4 N06'1 '42"W 68.17' RP-6 84 N16'31'54"E 128. 1' RP-1 1 85 S51'40'31"W 20.98' RP-6 B5 N19'07'57" 138.04' RP-1 B6 S65'0 '14"W 21.74' RP-5 B6 N01'2 '39"W 79.04' -1 B7 4' ' RP-2 B7 N41'46' 1"W 1 .7 ' RP-1 B8 N56'21' 4"W 20.33' CP CURB B8 S14'35'40"E 36.59' RP-1 Cl S 9'10'46"E 22.67' RP-7 Cl N73'5 '1 " 125.17' RP-1 1 1' 1 P- 4 ' P- 1 P-1 1' 14 . RP-2 C4 S05'4 "E 38.76' RP-3 C5 S71'2 "W 45.16' RP-4 C5 N1 '52'43"E 5 .38' P-4 4" "W 1 1' RP-6 C6 7' RP-6 C7 N47'l5'l7"E 79.71' RP-7 I C7 S71'50'14"E 111.60' RP-6 C8 N31'47'04"E 83.64' RP-7 C8 S78'59'59"E 93.26' RP-6 C9 N33'19'49"E 91.36' RP-7 C9 S82'40'38"E 98.50' RP-1 C70 S20'59'27"W 51.69' RP-7 C10 N86'02'44"E 90.89' RP-1 Cll S71'00'08"W 39.66' RP-7 C11 N81*16'l7"E 102.82' RP-1 C12 S13'54'56"W 38.16' RP-7 C12 N80'04'51"E 101.54' RP-3 C13 S68'41'58"W 51.21' RP-4 C13 N 12'34"E 47.37' RP-4 C14 Ni4' 11 85.25' RP-6 C14 N T3644 111.83' RP-2 Dt SIO'55'37"E 44.71' RP-3 D1 N6339'29"W 50.67' RP-2 D2 525'15'19"E 39.70' RP-3 D2 N50'28'31"W 47.90' RP-3 D3 N63'17'03"W 18.18' RP-4 D3 N27'25'42"E 82.99' LOWER LEVEL BOOMERANG ROAD DISTRICT ROADWAY LOT D ASPEN HIGHLANDS VILLAGE P.U.D., BLOCK D REC. #435003 LOT I ASPEN HIGHLANDS VILLAGE P.U.D., BLOCK D REC. #435003 FIFTH AMENDED PLAT ASPEN HIGHLANDS VILLAGE P.U.D., BLOCK D, LOTS 27 5 AND 9B SECTION 14, TOWNSHIP 10 SOUTH RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN PITKIN COUNTY, COLORADO PROSPECTOR ROAD DISTRICT ROADWAY LOT E ASPEN HIGHLANDS VILLAGE P. U.D., 25.72' BLOCK D REC. #436003 ELEV=8086 ELEV=8085 9R SR' 9? ELEV=80 2.5' SECTION 1-1 A DISTRICT PLAZA LOT A ASPEN HIGHLANDS VILLAGE" P. U.D., BLOCK D REC. # 435003 LEGEND LOT LINE ELEV=8083' ELEVATION OF LOT LINE LOT CONTINUES UPWARDS LOT CONTINUES DOWNWARDS — ADJACENT LOT LINE BOOMERANG ROAD PROSPECTOR ROAD DISTRICT ROADWAY DISTRICT ROADWAY ILOTD ILOTS ASPEN HIGHLANDS ASPEN HIGHLAND VILLAGE P.U.D., VILLAGE P.U.D., I BLOCK D 124.30' BLOCK D 1os.s2' DISTRICT PLAZA LOT A I REC. #436003 REC. #436003 ASPEN HIGHLANDS VILLAGE P.U.D., f ELEV=8081' LOT 5 30.08' ELEV=8083' ELEV=8081' LOT 2 ELEV=8082.5' BLOCK D -- 9.62' -� REC. # 436003 LOT 1 23.03' 29.34 55.70' ASPEN H/GHLAIYDS 36.07- LOT 9B 124.62' LOT 9B VILLAGE P. U.D., 36.82' BLOCK D REC. #436003 SECTION 2-2A I 162.48' LOT 5 LOT 3 ASPEN HIGHLANDS ELEV=8084' I VILLAGE P.U.D., BLOCK D REC. #436003 271V LOT 9B 964' 55. 98' —I 3. 32' I� �- 4A DRAINAGE EASEMENT I FOSPECTOR I ROAD STRICT ROADWAY 7T E 3PEN HIGHLANDS LLAGE P. U. ., �OCK D _C. #436001 ASEMENT GRAPHIC SCALE 20 0 10 20 40 80 ( IN FEET } 1 inch = 20 ft. -cam-' CROSS -SECTIONS ALPINE ENGINEERING INC. EDWARDS BUSINESS CENTER • P.O. BOX 97 EDWARDS, COLORADO 81632 • 970 926-3373 FAX 926-3390 • SHEET 5 OF 5 JOB# 03025. SURVEYOR'S CERTIFICATE 1, Kent A. Kriehrl, do hereby certify that I am a Registered Land Surveyor licensed under the laws of the State of Colorado, that this Plat is a true, correct and complete plat of Aspen Highlands Village P.U.D., Block D, as laid out, platted, dedicated and shown hereon, that such plat was made from an accurate survey of said property by me and under my supervision and correctly shows the location and dimensions of the lots, easements and streets of said subdivision as the some are staked upon the ground in compliance with applicable regulations governing the subdivision of land. In witness thereof, I have set my hand and seal this day of 1999, -- AL ------------------- Kent A. Kriehn, P.L.S. 16836 TITLE EXAMINER'S CERTIFICATE Land Title Guarantee Company does hereby certify that 1 have examined the Title to all lands shown upon this Plat and that Title to such lands is vested in Hines Highlands Limited Partne-ship a Delaware Limited Partnership free and clear of all liens and encumbrances, except as set forth in Land Title Guarantee Ggmpony, Title Commitment No. Q380210—e and as shown on this plat and in the Master Declaration, and as follows; �/ -----------NOwe-------------------------- ------------------------ 11t?1f3c ).° ,'G 14D VKY ------------ -------------------------- -------------------------- Dated this VA day ofC0YCr--- A.D., 199/9/ Agent: _(��e'_S/l/LL�d1'1L� STATE OF COLORADO) jSS COUNTY'OF PITKIN The foregoing inst�rum�,eKntt �as acknowled ed be ore me this _ ' ~day of_S _ � [L A.D., 1999 by,- qe_•_ for Land Title Guarantee Company. Title Examiner My commission expires://2s/00� WITNESS my hand and offical seal. Nota Public �14KYaa'.G^`9W-Y.s-r'-•c.rwA+r.rhM^.w..Y.,. v v JANICE L. JOHNSON NOTARY PUBLIC . STATE OF COLORADO CD Cn M rn , ru Ln 0 O. N co a I - rn z 4 - F4 SUPPLEMENTAL PLAT ASPEN HIGHLANDS VILLA BLOCK D GE P.U.D., SECTION 14, T10S, R85W OF THE 6TH P.M. PITKIN COUNTY, ' COLORADO BOARD OF COUNTY COMMISSIONER'S APPROVAL This plat will be followed by a series of plats and/or condominium maps which will be recorded pursuant to the Colorado Common Interest Ownership Act, and meets the requirements of Pitkin County Board of County Commissioners Resolution 97-167. ►`� Chairman Pitkin County Board of Commissioners COUNTY ENGINEER'S APPROVAL This Plat is hereby approved for content and form only and not to the accuracy of the surveys, calculations or drafting pursuant to C.R.S. 1973, 38-51-102, as amended, by the Engineer of Pitkin County, Colorado, this _-28 day of_1999. Bud Ey*, Pitkin County Engineer ACCEPTANCE FOR RECORDING, This plat of Aspen Highlands Village P.U,D., Block D, is accepted for }fl�ling in the Office of the Clerk and Recorder for Pitkin County, Colorado, this _—__�� do of _ in Plat Book _�_ at Pages g1_^199g and Reception No.----— Coe, C'OLO Clerk and Recorder I r CERTIFICATION OF OWNERSHIP Know all people by these presents that HINES HIGHLANDS LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP, being the owner of certain lands in Pitkin County, Colorado, described as follows: Block D, Aspen Highlands Village P.U.D., according to the P.U.D. plat recorded at Reception No. 4232 5 in the Office of the Pitkin County Clerk and Recorder, containing 11.023 acres more or less; have by these presents laid out, platted and subdivided the some into lots as shown on this plat un er the name and style of Aspen Highlands Village P.U_D., Block D. EXECUTED this _day of __—Sef*-�er _—_—_, A.D., 1999 OWNER: HINES HIGHLANDS LIMITED PARTNERSHIP P.O. Box 5115 Aspen, Colorado 81.612 BY: ASPEN HIGHLANDS SKIING CORPORATION, A DELAWARE CORPORA General Parttnner Q� BY: .'^'' r' — — — — — — — — — — — — — — — — — President STATE OF COLORADO jSS COUNTY OF PITKIN The foregoing instrument was acknowledged before me this —_-E— day of__�__ ._ ►"�i1 A.D., 1999 b �3. -- y' —C" —� 1`—)��l_%as __1__E __President of ASPEN HI SKIING CORPORATION, General Partner of the HINES HIGHLANDS LIMITED PARTNERSHIP, A DELA' LIMITED PARTNERSH9. My commission Px:: WITNESS my hand a^.i offical seal. _ oTAy Notary u lit'01JBLjr .:: The foregoing instniment was acknowledKed before me in ttc county ofY�� State of Colorado, this dayof �. 19 JArjAi. a _1. L. w- NOWVubhe State of Colorado I OT ARF'AQ LOT AREA (ACRES) 2.154 2 1.030 3 0.532 4 0.816 5 _ 0.539 6 0.058 7 0.379 8* 1.659 DISTRICT PLAZA LOT A 1.039 DISTRICT PLAZA LOT B 0.117 DISTRICT PLAZA LOT C 0.038 DISTRICT RDWAY LOT D 0.669 DISTRICT RDWAY LOT E* 0.847 DISTRICT LOT F 0.655 PROSPECTOR ROAD 0.216 THUNDERBOWL ROAD 0.312 SUBTOTAL 11.060 *OVERLAP LOT 8 DISTRICT RDWAY & LOT E 0.037 TOTAL LOTS AT GRADE 11.023 9A** 1.408 98** 1.028 THEIR ACREAGE WAS NOT ADDED INTO THE[TOTAL LOTS; S0. SHEET INDEX TITLE SHEET 2 GENERAL NOTES 3 F1 LOTS AT GRADE 4 LOWER LEVEL LOTS 5-6 PLAT SECTIONS W, ALPINE - SHEET 1 OF 6 ENGINEERING INC EDWARDS BUSINESS CENTER • p.0. BOX 97 EDWARDS, COLORADO 81632 • 970 926-3373 • FAX 926-3390 J08#03025 ti SUPPLEMENTAL PLAT IL GENERAL NOTES 1. Pur_ Doses. The purposes of the plat are as follows a. To resubdivide the subject property into certain Lots pursuant to and as shown on this plat. b. To amend certain existing easements and to create new easements, pursuant to and as shown on this plat. c.To create certain estates above the surface of the ground in compliance with C.R.S. 38-32-101, et seq. 2. Basis of Bearing: N01'40'43"E between the S1/16 Corner, Sec. 14, T10S R85W (found USDA alum. cap) and the W 1/4 Corner, Sec. 14, T10S R85W (found BLM brass cap). 3. Basis of Elevation: Benchmark (TBM) as depicted orr the Aspen Highlands Village P.U.D. final plat, Elev.= 8039.59'. 4. NOTICE: According to Colorado law you must commence any legal action based upon an defect survey within three ears after P y e up in this Y you first discover such defect. In no event may any action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. 5. Date of S,urvev JUIy,30, 1999. 6. PUD Plat Easements All easements existing on the subject property as of J P P Y the date of recording of this plat, including, without limitation, all easements referenced on and/or created by that certain final plat of The Aspen Highlands Village P.U.D. recorded in the Office of the Clerk and Recorder of Pitkin County, Colorado, on October 15, 1998, under Reception No. 423275 (the "PUD Plat"), remain in force and effect for this plat unless specifically modified or amended or otherwise indicated on this plat. 7. Drainage Easement Relocation That certain "20' Drainage Easement" (the "Drainage Easement") located across Block D was created by the PUD Plat and was reserved to Hines Highlands Limited Partnership by Note 3 on the PUD Plat. As the sole holder of the Drainage Easement, Hines Highlands Limited Partnership hereby amends and relocates said Drainage Easement and limits its scope as follows: (i) the Drainage Easement is hereby relocated and redimensioned to the area identified and described on this plat as "Relocated Drainage Easement", which description shall supersede and vacate the location described on the PUD Plat; (ii) the Drainage Easement located across the Lots created by this plat is hereby limited in scope to only such area of any affected Lot that lies below the lowest floor of any and all building improvements constructed upon any such affected Lot from time to time, such limitation to be identified upon any map or plat that further subdivides any affected Lot; and (iii) the right of ingress and egress to the Drainage Easement shall not include the right to enter upon improvement located above the Drainage Easement without the prior consent of the owner of such Lot and improvements or the homeowners' association managing some. 8. District Drainage Easement. Hines Highlands Limited Partnership hereby grants and conveys to the Aspen Highlands Village Commercial Metropolitan District, (the "District") all of the rights of Hines Highlands Limited Partnership in and to the "Drainage Easement" located across Block D as identified on this plat, as that Drainage Easement has been relocated, amended and limited by Note 7 on this plat. Pursuant to a separate agreement whereb the permitted by Colorado L the District shall accept this conveyance, the District shall agree, to the extent y indemnify, defend and hold harmless Hines Highlands Limited Partnershipand allyaw, f any and all Lots created by this plat that are encumbered by the Draint owners Drainage Easement from andagainst any and all costs, expenses, claims, liabilities, losses or damages, including reasonable attorneys' fees (and legal assistants' fees), resulting from the use, operation, maintenance or existence of the Drainage Easement or any drainage facilities located therein. 9. Vacated Utility and Sewer Easements. That certain Utility Easement located 'across District Plaza Lot A and Lot 4 and identified as "Utility Easement — Vacated" , and those certain Sewer Easements located on District Lot F and Lot 1 and identified as "15' Sewer Easement — Vacated" (collectively, the "Vacated Easements") on this plat were created by the PUD Plat and were reserved to Hines Highlands Limited Partnership by Note 3 on the PUD Plat. As the sole holder of the Vacated Easements, Hines Highlands Limited Partnership hereby vacates the Vacated Easements. 10. Aspen Highlands Mountain Roadway Easement Hines Highlands Limited Partnership he Eby grants and conveys: a non exclusive, perpe ua easemen on, across and through the District Roadway Lots to Aspen Highlands Mountain Limited Liability Company, its successors and assigns, for the Purposes of ingress and egress to and from Maroon Creek Road the Resort and Area (as defined in Note 17), subject, however, to the reasonable rules and regulations governing such District Roadway Lots. 11. Hines Highlands Limited Partnership for itself and its specifically designated successors, assigns and licensees, hereby reserves and grants the following perpetual, nonexclusive easements and rights of way. a. U_ tility Easement: An Easement upon, over, across and through those portions of this plat designated "Utility Easement", "District Roadway Lot", "District Plaza Lot" and 'District Lot" for the purpose of: (i) using, installing, constructing, maintaining, improving, repairing and replacing drainage, water and utility facilities of any kind or nature whatsoever, including but not limited to, storm drainage facilities, fire hydrants and related fire protection devices, sanitary sewer lines, water lines, snowmaking lines, snow melt system lines, cable television lines, fiber optic lines, and other communication facilities, (ii) drainage of water flowing from other lands, (iii) underground water storage and distribution facilities and (iv) vehicular access for installation and maintenance of such utilities, together with a perpetual right of ingress and egress to and from such Easement (collectively, hereinafter referred to as "Utility Purposes"). Hines Highlands Limited Partnership reserves the right, but has no obligation, to record a document specifying the boundaries of specific easements within the above —described easement areas at any time or from time to time after improvements related to such Utility Purposes have been constructed. b. Access Across Lot 1 To itself, its successors, assigns and licensees, as well as for the benefit of the current and future owners of Lot 9A and Lot 9B, together with their respective assigns, invitees and licensees, an Easement for pedestrian and vehicular access, ingress and egress to and from Lots 9A and 9B and any improvements constructed thereon or to be constructed thereon in the future, over and across Lot 1 and those improvements constructed thereon or to be constructed thereon in the future designed to accomodate such access. Such access is hereby limited to those areas reasonably necessary to obtain access, and shall not be deemed to affect portions of Lot 1 under construction or those areas where building improvements not designed for such access are constructed, so long as there is a reasonable and appropriate means of access to Lots 9A and 98 over and across Lot 1. Upon recording of an instrument granting specific areas over and across Lot 1 which provide reasonable access to Lots 9A and 98 and executed by the owners of both Lot 1 and Lots 9A and 9B, the easement created by this Note may be vacated with respect to the remainder of Lot 1. c. Pedestrian Access Across Lot 1 To itself, its specifically delegated successors, assigns, and licensees, as well as for the benefit of the owners of Lots 2 through 8 inclusive, the Aspen Highlands Village Association and for any owners of any unit created to the pursuant further subdivision of said Lots and/or the users thereof, together with their respective assigns, invitees and licensees, an Easement for pedestrian access, ingress and egress to and from Lots 2 through 8, inclusive, the District Roadway Lots and the District Plaza Lots, over and across the elevators, hallways, corridors, stairs and walkways of the parking facility improvements constructed or to be constructed on Lot 1. Such access is hereby limited to those areas reasonably necessary to obtain access, and shall not be deemed to affect of Lot 1 ;w portions under construction or those areas where building improvements not desi n.d for g 9 e pedestrian access are constructed, so long as there is a reasonable a and appropriate means of access to and from Lots 2 through 8, inclusive, the District Roadway Lots and the District Plaza Lots over and across Lot 1. 01 rn d. Access Across District Lots. An Easement for pedestrian and vehicular access, ingress and egress over and across the District Roadway Lots, the District Plaza Lots, and the District Lots. a Without limiting the generality of the foregoing, this Easement may be used for ingress and egress of resort and mountain operations m vehicles and heavy equipment and vehicular construction traffic. o A e. Lot 1 Easement. To itself, its specifically designated successors, assigns and licensees, as well as for the benefit of the current and future owners of Lot 1, together with their respective assigns, invitees v and licensees, an Easement over and across that portion of Lot 7 identified on this plat as "Lot 1 Easement" for the purposes of the following (i) access, ingress and egress to from a and Lot 1 and any improvements constructed thereon in the future, (ii) the existence, maintenance, repair, replacement, improvement and use of the escalator located within the Lot 1 Easement, (iii) the existence and use of the elevator within the Lot 1 Easement, (iv) the right to place appropriate signage within or near the Lot 1 Easement, and (v) the maintenance, repair, replacement and improvement of surface area within the Lot 1 Easement, including, without limitation, the stairs, landings, walls, flooring and ceilings located within the Lot 1 Easement and any lighting contained therein. 17 `.° The walls, roof, glass and other structural items comprising pny improvements which are subject to or located within the Lot 1 Easement, as well as the elevator located therein and the mechanical systems serving o some, shall be maintained in good order and repair by the current or future owner of Lot 7 (or the association formed to govern the improvements constructed to be constructed on Lot 7). or W a g ASPEN HIGHLANDS VILLAGE P.u.D., BLOCK D SECTION 14, T10S, R85W OF THE 6TH P.M. PITKIN COUNTY, COLORADO 12. Support Easements. There is hereby created, granted and reserved for the benefit of Hines Highlands Limited Partnership and the current and future owners of the District Roadway Lots, the District Plaza Lots, and Lots 2, 4, 5, 6, 7 and 8 (collectively, the "Benefited Property"), and their respective successors and assigns, a nonexclusive, perpetual, absolute easement on, upon, across and through Lots 1, 4, 7, 8, 9A and 9B (the "Burdened Property") for the existence of those elements of the structure constructed (or to be constructed) on the Burdened Property that support the improvements located (or to be located) on the Benefited Property including, without limitation, the columns and footings supporting some (the "Support Elements"). A valid and proper easement for the support of all such improvements, so long as they.exist, shall and does exist. In the event any such improvement is partially or totally destroyed, and then rebuilt in substantially the same location and substantially the same size and structure, a valid and proper easement for the support .of such new improvements shall and does exist. The current and future owner(s) of Lots 9A and 98 (or the association(s) formed to govern the improvements constructed or to be constructed on Lots 9A and 98), at its sole cost and expense, shall maintain and adequately insure the Support Elements for the benefit of the current and future owners of the Benefited Property such that the Support Elements remain in good order and repair. Hines Highlands Limited Partnership hereby grants and reserves to the current and future owner of Lots 9A and 96 (or the association(s) formed to govern the improvements constructed or to be constructed on Lots 9A and 98), for itself, its successors and assigns a nonexclusive perpetual, absolute easement for access on, upon, across and through the Burdened Property for the construction, maintenance, repair and replacement of the Support Elements. 13. District Dedication. Each of the Lots on this plat identified as a "District Roadway Lot," as a "District Plaza Lot" and as a District Lot". are hereby dedicated and conveyed to the District and shall hereinafter be held by the District, subject to the rights and easements reserved or granted on this plat. The District shall have the right to subject such Lots to its rules and regulations, including, without limitation, the right to restrict vehicular access to portions of the District Roadway Lots. District Roadway Lot D (Boomerang Road) and District Roadway Lot E (Prospector Road) depicted on this plat delineate the specific boundaries of those previously uncreated roadways generally illustrated in the Aspen Highlands Detailed Submission Consolidated Plan recorded at Reception No. 423269 and in the Aspen Highlands Village PUD Plat recorded at Reception No. 423275 as Boomerang Road and Prospector Road, respectively. 14. Encroachment Easements. There are hereby created, granted and reserved for the benefit of Hin es Highlands Limited Partnership and the current and future owners of the District Roadway Lots, the Distract Plaza Lots, and all other Lots depicted on this plat (the"Lots") (or the associations formed to govern the improvements constructed or to be constructed on the Lots), and their respective successors and assigns, and the improvements located or to be located on any of the Lots, and all portions of them, easements for encroachments of any portion of the improvements within any Lot constructed in accordance with the Detailed Submission Consolidated Plan recorded at Reception No. 423269, as follows: a. in favor of the current and future owner of or holder of any easement in and to each Lot (or the associations formed to govern the improvements constructed or to be constructed on each Lot), so that such owner, holder or association shall have no legal liability when any part of the improvements located or to be located upon a Lot encroach upon another Lot; b. In favor of the current and future owner of or holder of any easement in and to each Lot (or the associations formed to govern the improvements constructed or to be constructed on each Lot) for the existence, maintenance, repair and replacement of such encroachments. The encroachments covered hereby include, without limitation, encroachments of (i) any portion of a building or facility, whether structural or nonstructural, such as walls, roofs, balconies, overhangs or decks, or (ii) any other type of improvements, such as recreational facililties or amenities, walkways, paving, landscaping signs, gates or fences. Such encroachments may also include any air space encroachments. It is possible that encroachments covered hereby result from the conscious design of the applicable improvements in accordance with the plans and specifications therefor, but also covered hereunder are encroachments caused by error or variance from, the original plans in the construction of any building or improvement constructed on the property subject to this plat, by error in the plat, by settling, rising or shifting of the earth, or by changes in position caused by repair or reconstruction of any part of the improvements constructed within the Lots. Such encroachments shall not be considered to be encumbrances upon any part of the Lots. In the event of any of the improvements located or to be located on the Lots is partially or totally destroyed as a result of fire or other casualty or as a result of a taking by eminent domain or transfer in Dieu thereof, and then rebuilt, encroachments of parts of any improvements within a Lot upon any other Lot, all due to such rebuilding, are also permitted. Valid easements for all such encroachments and the maintenance of those easements are created by this plat and will continue in existence so long as any of the improvements within a Lot remain in place. 15. Private Ski Easements There is hereby created, granted and reserved for the benefit of Hines Highlands Limited Partnership, its specifically delegated successors and assigns, and Aspen Highlands Village Association, its specifically designated successors and assigns, a perpetual non—exclusive easement and right—of—way on, over, above, across and through those portions of this final plat designated "Private Ski Easement", for the purpose of skiing, utilizing other over —the —snow modes of travel or otherwise troversng, using non —motorized or non — mechanized means, for ingress and egress over and across the Private Ski Easements. Hines Highlands Limited Partnership expressly discloses that such Private Ski Easements merely provide legal access for the limited purpose reserved hereby, that such Private Ski Easements are not a part of any ski area, and that it has no obligation to and may not provide patrol services, snowmaking, grooming, or any ski area type services of any kind or nature on the Private Ski Easements. At any time, the Private Ski Easements may not have sufficient snow cover or skiable conditions to accommodate skiing or other over —the —snow modes of travel. In addition there is hereby created, granted, and reserved for the benefit of Hines Highlands Limited Partnership, its successors and assigns, and Aspen Highlands Village Association, its successors and assigns, a perpetual non—exclusive easement and right—of—way on, over, above, across and through all or any portion of any Private Ski Easement, for access and maintenance purposes, utilizing motorized and non —motorized vehicles or equipment, with the express understanding that neither Hines Highlands Limited Partnership nor Aspen Highlands Village Association shall have any obligation whatsoever to perform any maintenance services upon or within the Private Ski Easements; and that any such services will be provided in their sole discretion. Owners of Lots shown on this plat are hereby granted the right, but not the obligation, at such owner's sole cost and expense, to exercise limited non —motorized and non —mechanized snow maintenance activities on the Private Ski Easements. By accepting a deed to a Lot shown on this plat or any subdivided unit therein, owners hereby release and forever discharge Hines Highlands Limited Partnership, Aspen Highlands Village Association, and owners of Lots from and against any liability of any kind or nature, including without limitation, ordinary negligence, resulting from the use or maintenance of a Private Ski Easement by themselves or their Guests (as defined in the Master Declaration (hereinafter defined)). This release is intended to be a comprehensive release of liability but is not intended to assert defenses which are prohibited by law. Notwithstanding the foregoing Note 15 provisions, nothing herein shall be construed as granting any public or quasi —public rights to the Private Ski Easements. 16. Three Dimensional Lots. Lots 1, 2, 4, 5, 6, 7, 8, 9A and 96 and District Roadway Lots and the District Plaza Lots on this plat have both vertical and horizontal dimensions and boundaries. 17. Resort Area. The Lots included in this plat are benefited by the fact that they are located adjacent to or near a skiing and resort area, together with the associated Ski Easements (as identified on the PUD Plat) (collectively, the "Resort Area"). The Resort Area represents a unique and desirable amenity that includes many year—round activities; as such, the Resort Area is expected to generate an unpredictable amount of light, noise, odors and snowmaking overspray associated with snowmaking and snow grooming activities, ski area operations and vehicular and pedestrian traffic, including but not limited to, buses which may transport skiers and others to, from and around Aspen Highlands Village. In addition, there is expected to be additional construction —related activities near the Lots included in this plat +which may result in noise, dust and other disturbances. Owners and occupants of the residences or units located on the Lots included in this plat can expect to be subject to the foregoing from time to time. By accepting a deed to any portion of a Lot in this plat or any unit created in any project constructed upon a Lot in this Plat, the owner thereof acknowledges that such property may be so affected and waives and relinquishes any right to object to the foregoing activities. 18. Roadway Use. The roadways within this plat will be used for ingress and egress of (i) resort and mountain operations vehicles, including but not limited to, transportation, maintenance and construction vehicles, and (ii) heavy equipment and vehicular construction traffic within Aspen Highlands Village. Such traffic will create disturbances, including but not limited to, an unpredictable amount of noise, dust and odors. Owners and occupants of the residences and/or units located on the Lots of this plat can expect to be subject to the foregoing from time to time. By accepting a deed to any portion of a Lot in this plat or any unit created in any project constructed upon a Lot in this Plat, the owner thereof acknowledges that such property may be so affected and waives and relinquishes any right to object to the foregoing activities. 19. PUD Guide. The land included in this plat is subject to the terms, conditions and provisions of the Aspen Highlands Village Planned Unit Development Guide recorded in the Office of the Clerk and Recorder of Pitkin County, Colorado, on October T5, 1998, under Reception No. 423274, as the same may be amended from time to time. 20. Master Declaration. The property within this plat is subject to the terms, conditions, easements and provisions contained in or established by the Declaration for Aspen Highlands Village, recorded in the Office of the Clerk and Recorder of Pitkin County, Colorado, on October 15, 1998, under reception No. 423272, as the same may be amended from time to time (the "Master Declaration"). 21. _Soils Report. A site specific geotechnical report, prepared by a Registered Professional Engineer is required for all structures prior to the issuance of a building permit. 22. Reservation of D melopment Rights. Hines Highlands Limited Partnership hereby reserves, for itself and its successors and assigns, the right to further subdivide the Lots as depicted on this plat (including, without limitation, by subjecting the same to condominium or planned community declarations and forms of ownership) to the fullest extent permitted by the Aspen Highlands Village Planned Unit Development Guide and the development approvals related thereto, the right to enter upon the property for the performance of any work, for the development of the subject property, and the right to grant additional easements with respect to the subject property, as more specifically set forth and reserved in the Master Declaration. Declarant has reserved the right to develop, construct and sell the development as approved in ' the development approvals for the Aspen Highlands Village PUD and reserves the right to grant further easements as may be necessary for the development. 23. No Merger. The Easements reserved by Hines Highlands Limited Partnershipshall not merge g with any fee interest owned by Hines Highlands Limited Partnership either presently or in the future but shall remain separate and distinct property rights of Hines Highlands Limited Partnership, its successors and assigns, until relinquished in accordance with law. Any easement, right or power reserved to Hines Highlands Limited Partnership, its successors and assigns, in these General Notes shall remain with Hines Highlands Limited Partnership and shall not be deemed conveyed, assigned or otherwise transferred to any party unless and until a written assignment or other evieence of transfer is executed by Hines Highlands Limited Partnership and recorded in the Office of the Clerk and Recorder fot Pitkin County, Colorado. 24. Successors and Assigns The speci€c-ji;y designated successors and assigns of Hines Highlands Limited Partnership as used herein shall be deemed such a successor and assign for the purposes hereof only if specifically designated by Hines Highlands Limited Partnership by an instrument recorded in Pitkin County and only to the particular rights and interests specifically designated therein. 25. This property is subject to the ter r ;, conditions and provisions of special covenants, restrictions and provisions recorded under Reception No. 409939 in the Offfice of the Pitkin County Clerk and Recorder. 26. This property is subject to the to--ims, conditions and provisions of Amenities Declaration recorded October 15, 1998 at Reception No. 423273 in the Office of ti.e Pitkin County Clerk and Recorder. 27. This property is subject to an Easement Agreement (Block D) recorded at Reception No. 423258 in the Office of the Pitkin County Clerk and Recorder. 28. This property is subject to terms, conditions, provisions and obligations concerning parking facilities and commerci evidenced by memorandums of agreement recorded at Reception No. 423279 and Reception No. 423280 in the Office olfuthesPitkin' County Clerk and Recorder. 29. This property is subject to terms, conditions, provisions, obligations, easements and rights of way as set forth in instruments recorded at Reception No. 423281 and Reception No. 423282 in the Office of the Pitkin County Clerk and Recorder. 30. This property is subject to the terms, conditions and provisions of trench, conduit and vault agreement recor No. 426421 in the Office of the Pitkin County Clerk and Recorder. 9 deed st Reception 31. This property is subject to terms, conditions and provisions of agreement recorded in Book 407 at Page 648 and assignments thereof recorded in Book 734 at Page 685 and Book 734 at Page 848 in the Office of the Pitkin County Clerk and Recorder. 322. This property is subject to easements and rights of way for ingress and egress, water diversion, water pipeline, road ri hts of 3pP y, parking, utility lines, sewer lines, leaching fields, gas lines, power lines, and ski lift maintenance ur oses an 9 conditions, provisions and obligations contained therein, as set forth in instruments recorded in Book 191at Pa d1 the terms, at Page 231, in the Office of the Pitkin County Clerk and Recorder. ge 5 and Book 195 33, This property is subject to terms, conditions and provisions of Water Service Agreement and first addendum thereto recorded at Reception No. 422783 in the Office of the Pitkin County rClerk and Recorder,ded at Reception 422782 34. This property is subject to terms, conditions and provisions of Raw Water Agreement, Irrigation, recorded at Re No. 422780 in the Office of the Pitkin County Clerk and Recorder, ception 35. This property is subject to terms, conditions, provisions, obligations and restrictions as contained in the Aspen Highlands Detailed Consolidated Submission Plan recorded at Reception No. 423269 and as set forth on the Detailed Submission Plan Maps recorded in Plat Book 46 at Page 44, all in the Office of the Pitkin County Clerk and Recorder. 36. This property is subject to terms, conditions and provisions of Collection Systems A in the Office of the Pitkin County Clerk and Recorder. Y greement recorded at Reception No. 423277 37. The previously recorded easements and instruments listed above as applicable to the property subject be modified or vacated pursuant to the terms of any such easement or instrument and this latne d not be amenldedlaor of renced to effect some. 38. This plat will be followed by a series of plats and/or condominium maps to be created pursuant to the Colorado Common Interest Ownership Act, C.R.S. Section 38-33.3-101, et. seq., as contemplated and required by Resolution 97-167 of Pitkin County; Colorado. ATTAGMENT ALPINE SHEET -M _ - 2 OF ENGINEERING INC. EDWARDS BUSINESS CENTER • P.O. BOX 97 EDWARDS, COLORADO 81632 0 970 926-3373 • FAX 92673390 JOB110302 I SUPPLEMENTAL PLAT 11 ASPEN HIGHLANDS VILLAGE P.U.D. BLOCK D I SECTION 14 T. - i' 10S, R. 85W OF THE 6 TH P. M. PITKIN COUNTY, COLORADO �� ~ LEGEND LOT 4 LOT ON LOWER LEVEL 1 (BELOW GRADE) \ LOT 4� LOT ABOVE (SEE SHEET 2) LOT LINE THE SAME ON ALL LEVELS DISTF ICT '�40T IF -- SECTION - - - - - -, - - EASEMENT (see Sheet 2 for all easements except the Lot 1 Easement / f " ^-� V \ \ � � •- and the easement depicted on the easement detail) �c � % f � BLOCK D BOUNDARY / \\ f f 40+ ROW �^�c LOT 9A f - / 79.21' Gki l ( ~ LOT 9B A\ \\ ~\ \ / // �� '�\ \\\ \\ O \ LOT 1 EASEMENT / / / \ \ \ O~ / \ / 42' i. LOT 3 AND DISTRICT LOT F HAVE THE SAME BOUNDARY AT ALL ELEVATIONS. 126. LOTS 9A AND 98 EXIST ONLY BELOW PLAZA LEVEL AS DEPICTED HEREON. �\ �s \\ \\ ! / LOT 2. DIMENSIONS ARE GIVEN ONLY WHERE THE BOUNDARY OF A LOT IS DIFFERENT / �' 3 ON THE PLAZA LEVEL AND THE LOWER LEVEL. SEE SHEETS 5 F 6 FOR ' ' (� SHEET 3 FOR / 3 MORE VERTICAL ANC? HORIZONTAL INFORMATION. SEE SHEET 3 FOR THE � \ �j\���\ /� BOUNDARY � \ / / �sF o\ DISTANCES) � �y BOUNDARIES OF THE LOTS AT PLANNED GRADE AND FOR EASEMENTS. /� LINE TABLE LINE LENGTH BEARING LI 4.74 N31°26'16'W L2 19.36 N58°33'44'E L3 5.40 N31.26'16'W L4 "` 11.42 S58'33'44'W L5 6,88 S31°2616"E L6 8.34 S58°33'44'W L7 3.16 S53°33'43'W L8 8,43 S36°26'18'E L9 6.06 S78°33'441W L10 19.17 N08°38'51'W L11 _,--6.65 N36°26'15'W L12 ` 6.91 S28°38'40'E L13 8.83 N61'21'20"E L14 6.91 N28°38'40'W L15 19.64 N61°21'20'E L21 6.92 N58°33'44'E L22 6.92 S58°33'44'W L23 14.75 S31°26'16'E L24 0.92 N31°26'16'W L25 21.27 N31°26'16'W L26 4.82 S58°33'44'W L27 14.00 N31°26'16'W L28 4.82 N58'33'44'E L29 7.00 N31'26'16'W L30 8.30 N58°33'44'E L31 23.55 SI7.58'45'E L32 7.00 S58°33'46'W L3 12.40 N31°26'16'W L34 8.00 S58°33'44'W L35 ' 2.89 S31'26'IS'E L36 4.50 S32°35'16'E L37 19.801111111 N40°28'04'W L38 4.49 N49°31'56'E L39 5.27 N49'31'56'E L40 - 4.46 S40°28'03'E L41 7.10 N60°53'57'E L42 9.29 N28°45'04'W L43 22.62 N28°38'S2'W l44 1.50 N61°21'16'E L46 15.28 S40°28'04'E L47 9.62 N49'32'11'E L48 4.82 N40°27'49'W L49 6.92 S49°31'57'W L50 -7,87 N40°2T45'W L51 7.92 S49°31'S6'W L52 --`12,54 N49°31'56"E L53 19.69 N60°28'03'W L54 20.78 N60°49'21'E L55 5,57 N39°10'39'W L56 -_-12.92 S50°49'09'W L57 9.15 S39°10'40'E L58 17.42 S50°49'09'W L591 23.83 S40'43'13'E L60 "' 4.40 N28°38'40'W L621 6.30 NO2'51'38'E L63 _-4.60 N28°38'48'W L64 _-17.83 N61°21'11'E L65 4.01 N28°38'49'W L66 10.10 1 N31°26'16'W L671 20.70 N31°26'16'W BLOCK D ��<� \� \\ j �w w 11.023 ACRES �'�� �:�y \ ,o 0 LOT 1 \.,►�� ! ,:' \\ \\ /'/ /^\ \�\ 5B LOT 5 /176'03'35" �6a S ak 20.01' (SECTION ANGLE) zy1'Isy� 404`Ip ok. I ioi Op �A1 N\ _ < 4 I p 1 h / \ 9011, Ory F, / o --� a �� 2S�? I . I ! ( ` { i l ! I I I I � i'aB dam. �0 5 / � 1 LOT 2 / \ % 9�'kkb am `' S li I Opl'�iLI III Oir, / N� LOT 1 EASEMEN7� �a i / ds� LOT 7 LOT 4 / 00 .F�� Ja4. / 168.10*36" / / SEE SHEET 3 FOR />O�. Wig/ �k R�%� g� / j o \ (SECTION ANGLE) / J- CURVE INFORMATION O 6.07 D1srxicr � � � � L � \ / gfOR L07 A/ P j LOT zz 492 `• / / LOT S 168,62' 41.87' 27,71' GRAPHIC SCALE 0 25 so ioo 200 I( IN FEET ) _ i inch = 50 ft. LOWER LEVEL "HUMENT • W I tLt V=tiU$Q WI a I LOT 1 zl a �I 0 � I LEGEND LOT BOUNDARY — — — — — — — — EASEMENT AS DESIGNATED BLOCK D BOUNDARY 1. SEE SHEETS 3 AND 4 FOR MORE HORIZONTAL INFORMATION, 2. ARROWS ON LOT LINES INDICATE VERTICAL CONTINUATION w _ cn 0 rn a� m' 61 Ln Lo cz. cu x Q LD i 0 a m 4 _ CCK D SECTION 14, T1OS, R85W OF THE 6TH P.M. PITKIN COUNTY, COLORADO W I I H � I O0 LOT $ v 3 LOT $ �O 134.1 fi' W V N O 0 178.68' Cxa G 7' 42.18' 28.22' ELEV=8086 �LEV=8083 04 I ELEV=8090 �r IW LOT 9A la LOT 8 I,W I= 75.34' NOT A BOUNDARY 251.23' SECTION 1 - 1 I i I I MAROON CREEK I I I I I 1 I I ,I I I II II ; I, I II i I DISTRICT MAROON g LOT 7 w I PLAZA LOT A CREEK ROAD o O o I LOT 1 1 os.72 -' w LOT 4 I I 142,40' V ELEV=8098 V w I i N p mo 169.82' DRAINAGE EASEMENT a m 1 O tY a I DRAINAGE EASEMENT I I _ 33.27' � I I 44.74' I — 49.09' _ J 7��sFi+E"T 30.05' 6 I 8 I UTILITY EASEMENT MAROON CREEK ROAD wXI EASEMENT m LOT 7 I I LOT 1 LOT 9A v EASEMENT LOT 4 I I I 186.19' 101.83' ( I NOT A BOUNDARY ftM lot 7. bnd to matkn break T — _ 61.54' 150.51' SECTION 2 - 2 i FIFTH AMENDED PLAT ASPEN H SECTION COMMUNITY DEVELOPMENT APPROVAL THIS AMENDED PLAT OF ASPEN HIGHLANDS VILLAGE P.U.D., BLOCK D, LOTS 2, 5, AND 9B WAS REVIEWED AND APPROVED BY THE COMMUNITY DEVELOPMENT DIRECTOR OF THE CITY OF ASPEN PLANNING DEPARTMENT ON THIS ----------- DAY OF -----------------, 2001. --------------------------- DIRECTOR, JULIE ANN WOODS CITY ENGINEER'S APPROVAL THIS AMENDED PLAT OF ASPEN HIGHLANDS VILLAGE P.U.D., BLOCK D, LOTS 2, 5, AND 9B BLOCK D, WAS REVIEWED AND APPROVED BY THE CITY ENGINEER OF THE CITY OF ASPEN, COLORADO, THIS ----------- DAY OF ------------------- 2001. ------------------------------------ CITY ENGINEER, NICK ADEH CLERK AND RECORDER'S ACCEPTANCE ACCEPTED FOR RECORDING IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO, AT -----O'CLOCK___M. ON THIS ------- DAY OF -------------- 20D1 IN PLAT BOOK --------- AT PAGE ------- AS RECEPTION NO. CLERK AND RECORDER, PITKIN COUNTY, COLORADO SURVEYOR'S CERTIFICATE I, Dung B. Spigener, do hereby certify that 1 am a Registered Land Surveyor licensed under the laws of the State ofColorado; that this plat is a true, correct and complete plat of Lots 2, 5 and 98, Aspen Highlands Village P.U.D., Block D, as laid out, platted, dedicated and shown hereon, that such plat was made from an accurate survey of said property by me and under my supervision and correctly shows the location and dimensions of the lots, easements and streets of said subdivision as the seme are staked upon the ground in compliance with applicable regulations governing the subdivision of land. The control survey precision is greater than 1:10,000. In witness whereof, I have set my hand and seal this ------- day of BY: Dona B. B. Spigener, LS#33655 Registered Land Surveyor i IGHLANDS VILLAGE P.U.D., BLOCK D, LOTS 29 5 AND 9B 14, TOWNSHIP 10 SOUTH RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN PITKIN COUNTY, COLORADO TITLE EXAMINER'S CERTIFICATE The undersigned, a duly authorized representative of Land Title Guarantee Company, a title company regularly doing business in Pitkin County, Colorado, does hereby certify that the persons listed as owners on this supplemental plat hold fee simple title to the within described real property, free and clear of all liens and encumbrances except those listed in the General Notes on Sheet 2 of this supplemental plat. Although we believe the facts stated on this plat are true, this certificate is not to be construed as an abstract of title, nor an opinion of title, nor a guarantee of title, and it is understood and agreed that Lend Title Guarantee Company neither assumes nor will be charged with any financial obligation or liability whatsoever on any statement contained herein. Dated this __—_---day of------------------ A.D., 2001, Agent: LAND TITLE GUARANTEE COMPANY BY: NAME: STATE OF COLORADO) )SS COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this _—__--_ day A.D., 2001 by -----------------------------as Title Examiner for Land Title Guarantee Company. My commission expires: —_--_—__--_ WITNESS my hand and offical seal. Notary Public CERTIFICATE OF OWNERSHIP Know all men by these presents that HINES HIGHLANDS LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP, and THE RITZ—CARLTON DEVELOPMENT COMPANY, INC., A DELAWARE CORPORATION, being the record owners of all that real property described as follows: LOTS 2, 5 and 98, ASPEN HIGHLANDS VILLAGE P.U.D., BLOCK D, City of Aspen, Pitkin County, Colorado, according to the supplemental plat thereof recorded September 28, 1999, in Plat Book 51 at Page 41, as Reception No. 436003 in the in the Office of the Pitkin County, Colorado Clerk and Recorder, have by these presents laid out, platted and subdivided the same into lots as shown on this plat under the name and style of Lots 2, 5 and 9B, Aspen Highlands Village P.U.D., Block D. EXECUTED this -----__day of _-----__—_-------, A.D., 2001 OWNER OF LOTS 5 AND 9B, HINES HIGHLANDS LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND AN UNDIVIDED 10% P.O. Box 5115 INTEREST AS TO LOT 2: Aspen, Colorado 81612 BY: ASPEN HIGHLANDS SKIING CORPORATION, A DELAWARE CORPORATION General Partner BY: Vice —President STATE OF COLORADO) )SS COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this --_—_-- day of—___--______ A.D., 2001 by —___—_-----------------------as _____—President of ASPEN HIGHLANDS SKIING CORPORATION, A DELAWARE CORPORATION, General Partner of HINES HIGHLANDS LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP. My commission expires: —__--_ ---------------------------- WITNESS my hand and offical seal. ------------------------------------- Notary Public OWNER OF AN UNDIVIDED THE RITZ—CARLTON DEVELOPMENT COMPANY, INC., A DELAWARE CORPORATION 90% INTEREST AS TO LOT 2: 6649 Westwood Boulevard, Suite 500 Orlando, Florida 32821 BY: ------------------------ ------------------------ President STATE OF ) )SS COUNTY OF ) The foregoing instrument was acknowledged before me this ------- day of -------------------- A.D., 2001 by --------------- _______—_as ____---President of The Ritz —Carlton Development Company, Inc., a Delaware corporation, on behalf of the corporation. He/she is personally known to known to me or has provided----------------------os identification. My commission expires: ----------------------- WITNESS my hand and offical seal. CONSENT OF MORTGAGEE The undersigned is the holder of a deed of trust encumbering the land described under the Certificate of Ownership which deed of trust is described as follows: i. Deed of Trust dated September 29, 1999, from The Ritz —Carlton Development Company, Inc., a Delaware corporation, to the Public Trustee of Pitkin County for the use of Hines Highlands Limited Partnership, a Delaware limited partnership, to secure the sum of $26,966,667.00 recorded September 30, 1999 February 21, 2001 at Reception No. 451714 in the Of , under Reception No. 436136, and as amended in instrument recorded on fice of the Clerk and Recorder of Pitkin County, Colorado. The undersigned hereby consents to the foregoing subdivision of such land as contained in the Certificate of Ownership, and agrees that the deed of trust shall be subordinated to this plat and the easements contained herein and shown hereon. MORTGAGEE : HINES HIGHLANDS LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP P.O. Box 5115 Aspen, Colorado 81612 BY: ASPEN HIGHLANDS SKIING CORPORATION, A DELAWARE CORPORATION General Partner BY: ----------------- Vice—President STATE OF COLORADO) )SS COUNTY OF PITKIN The foregoing instrument was acknowledged before me this __--_ day of_--_—_--_ A.D., 2001 by: --__—_---- ______--as _—_----president of ASPEN HIGHLANDS SKIING CORPORATION, A DELAWARE CORPORATION General Partner of HINES HIGHLANDS LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP. My commission expires: ---- ------------- WITNESS my hand and offical seal. ------------------------- —____ Notary Public ---- Notary Public S,qT INDj5M SM,�7" 1 OoI�ER sHEEr SHEET 2 GENOZ41L N�ESe sire sCHEA"T/C SHEET S PLAT SHEET PLAZA LEVEL SHFZ 4 PLAT SHE.E r LOWER LEVEL L :Heel- S CROSS—SEC1101uS SHEET 1%� d �®F 5 ENG11"YEE i G INC. EDWARDS BUSI�,E.SS CEN'I=R M P.O. BOX 97 EDWARDS, CCLORADi; 81632 990 926-3373 FAX 926-3390 0 JOB11 0J02,5. FIFTH AMENDED PLAT ASPEN HIGHLANDS VILLAGE P.U.D., BLOCK D, LOTS 29 5 AND 9B SECTION 14, TOWNSHIP 10 SOUTH RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN PITKIN COUNTY, COLORADO GENERAL NOTES: 1. The purpose of this subdivision exemption plot is to adjust the lot lines between Lots 2, 5 and 9B, Aspen Highlands Village P.U.D., Block D. No new lots are created by this plat. 2. Basis of Bearing: N63'30'14"E between found 1-1/2" aluminum discs in pavers, LS #33655; at a northerly angle point and the northwest corner of Lot 8 (Aspen Highlands Condominiums - Phase 1), Aspen Highlands Village P.U.D., Block D. 3, Basis of Elevation: Benchmark (TBM) as depicted on the Aspen Highlands Village P.U.D. final plat, Elev.= 8039.59'. 4. NOTICE: According to Colorado law You must commence any legal action based upon any defect in this survey within three years after you first discover such defect. In no event may any action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. 5. Date of Survey. April 11, 2001, 6. PUD Plat Easements. All easements existing on the subject property as of the date of recording of this plat, including, without limitation, all easements referenced on and/or created by that certain plat of Aspen Highlands Village P.U.D. recorded in the Office of the Clerk and Recorder of Pitkin County, Colorado, on October 15, 1998 in Plat Book 47 at Page 1, and that certain supplemental plat of Aspen Highlands Village P.U.D., Block D, recorded in the Office of the Clerk and Recorder of Pitkin County, Colorado, on September 28, 1999 under Reception No. 436003 in Plat Book 51 at Pages 41-46 (the "Block D Plat'), remain in force and effect for this plot unless specifically modified or amended or otherwise indicated on this plat. 7. PUD Guide. The land included in this supplemental plat is subject to the terms, conditions and provisions of the Aspen Highlands Village Planned Unit Development Guide recorded in the Office of the Clerk and Recorder of Pitkin County, Colorado, on October 15, 1998, under Reception No. 423274, and Resolution 98-254 recorded August 25, 1999 as Reception No. 434844, as the some may be amended from time to time. The P.U.D. Guide establishes permitted uses and floor area in the P.U.D. As per the P.U.D. Guide, the adjustment of Lots 2, 5, and 98 lot lines does not affect in any way the permitted floor area on the Lots. 8. Master Declaration. The property included in this supplemental plat is subject to the terms, conditions, easements and provisions contained in or established by the Declaration for Aspen Highlands Village, recorded in the Office of the Clerk and Recorder of Pitkin County, Colorado, on October 15, 1998, under reception No. 423272, as the some may be amended from time to time (the "Master Declaration"). 9. Hines Highlands Limited Partnership for itself, its specifically delegated heirs, successors, assigns and licensees, hereby reserves the following perpetual, nonexclusive easements and rights of way. (a) Utility Easement: An easement on, over, across and through those portions of this plat designated "Lot 9 Utility Easement" for the purpose of (i) using, installing, constructing, maintaining, improving, repairing and replacing utility facilities of any kind or nature whatsoever, including but not limited to, cable television lines, fiber optic lines, and other communication facilities, (ii) using, installing, constructing, maintaining, improving, repairing and replacing ventilation and HVAC ducts and other facilities and (iii) access for installation and maintenance of such facilities, together with a perpetual right of ingress and egress to and from such Easement. 10. This property may be subject to the following title exceptions, obtained from Land Title Guarantee Company Commitment No. Q381836, dated March 29, 2001, Commitment No. Q381837, doted March 29, 2001 and Commitment No. Q381838-2, dated April 2, 2001. Refer to said commitments for all title information a) Easements and rights of way for water pipeline purpoFes as set forth in instruments recorded June 10, 1960 in Book 191 at Page 15 and recorded September 18, 1961 in Book 191 at Page 231 in the Office of the Pitkin County Clerk and Recorder. b) Terms, conditions and provisions of Resolution No. 97--167 recorded September 30, 1998 at Reception No.422629 and Resolution No.39 (Series of 1998) recorded October 5, 1998 under Reception No. 422779 and Resolution NO. 98-79 recorded October 15, 1998 under Reception NO. 423268. all in the Office of the Pitkin County Clerk and Recorder. c) Terms, conditions and provisions of agreement recorded April 28, 1981 in Book 407 at Page 648 and assignments thereof recorded December 13, 1993, respectively, in Book 734 at Page 685 and Book 734 at Page 848 in the Office of the Pitkin County Clerk and Recorder. d) Terms, conditions and provisions of order of inclusion in Aspen Consolidated Sanitation District recorded December 9, 1997 under Reception NO.411462 in the Office of the Pitkin County Clerk and Recorder. e) Terms, conditions and provisions of Special Covenants, Conditions and Restrictions recorded October 27, 1997 under Reception No. 409939 in the Office of the Pitkin County Clerk and Recorder. f) Easements and rights of way for snow making line, Jones Drowoff Pipe, telephone lines, and cable TV lines as constructed and in place as set forth on the survey of a portion of the subject property prepared by Schmueser Gordon Meyer Inc., dated September 21,,1997. g) Easements, rights of way, terms, conditions, pprovisions and obligations as contained in Easement Agreement (Block D) a recorded October 15, 1998 at Reception No. 423258 in the Office of the Pitkin County Clerk and Recorder. h) Easement, rights of way, terms, conditions, provisions and obligations as contained in Ski Easement Agreement recorded October 15, 1998 under Reception No. 423259 in the Office of the Pitkin County Clerk and Recorder. i) Terms, conditions and provisions of Raw Water Agreement, Irrigation, recorded October 5, 1998 under Reception No. 422780. in the Office of the Pitkin County Clerk and Recorder. j) Terms, conditions and provisions of Water Service Agreement recorded October 5, 1998 at Reception No. 422782, and first addendum thereto recorded October 5, 1998 under Reception No. 422783, in the Office of the Pitkin County Clerk and Recorder. k) Terms, conditions and provisions of Subdivider's Agreement recorded October 15, 1998, under Reception No. 423271 in the Office of the Pitkin County Clerk and Recorder. 1) Terms, conditions and provisions of Preconnection Agreement recorded October 15, 1998 at Reception No. 423276 in the Office of the Pitkin County Clerk and Recorder. m) Terms, conditions and provisions of Collection Systems Agreement recorded October 15, 1998 at Reception No. 423277 in the Office of the Pitkin County Clerk and Recorder. n) Terms, conditions, provisions, obligations and restrictions as contained in the Aspen Highlands Detailed Submission Plan recorded October 15, 1998 at Reception No. 423269 and as set forth on the Detailed Submission Plan Maps recorded October 15, 1998 in Plat Book 46 at Page 44, all in the Office of the Pitkin County Clerk and Recorder. o) Terms, conditions, provisions and obligations concerning parking facilities and commercial units as evidenced by memorandums of agreement recorded October 15, 1998, respectively, at Reception No. 423279 and Reception No423280 in the Office a the Pitkin County Clerk and Recorder. . p) Terms, conditions, provisions, obligations, easements and rights of way as set forth in instruments recorded October 15, 1998 under Reception No. 423281 in the Office of the Pitkin County Clerk and Recorder. q) Terms, agreements, provisions, conditions and obligations of City of Aspen, Easement Agreement (Maroon Creek Pipeline) recorded October 15, 1998 as Reception No. 423282 in the Office of the Pitkin County Clerk and Recorder. r) Terms, conditions and provisions of trench, conduit and vault agreement recorded January 11, 1999 at Reception No. 426421 in the Office of the Pitkin County Clerk and Recorder- s) Terms, conditions and provisions of Resolution No. 99-127 recorded August 12, 1999 at Reception No. 434364 and rerecorded August 30, 1999 as Reception No. 435034, in the Office of the Pitkin County Clerk and Recorder. t) Terms, Agreements, provisions, conditions and obligations of City of Aspen Ordinance No. 8 (Series of 2000), together with Annexation Maps, recorded May 1, 2000 as Reception No. 442835, in the Office of the Pitkin County Clerk and Recorder. u) Terms, Agreements, provisions, conditions and obligations of Memorandum, regarding High School lift towers, recorded August 30, 2000 as Reception No. 446537, in the Office of the Pitkin County Clerk and Recorder. v) Terms, agreements, provisions, conditions and obligations of City of Aspen Ordinance No. 35 (Series of 2000) recorded on November 28, 2000 as Reception No. 449206, and City of Aspen Ordinance No. 36 (Series of 2000) recorded on November 28, 2000 as Reception No. 449207, all in the Office of the Pitkin County Clerk and Recorder. w) Terms, agreements, provisions, conditions and obligations of Dedication and Assumption Easement Agreement recorded December 13, 2000 as Reception No. 4-49654 in the Office of the Pitkin County Clerk and Recorder. x) The previously recorded easements and instruments listed above as applicable to the property subject to this plat may be modified or vacated pursuant to the terms of any such easement or instrument and this plat need not be amended or referenced. ATTACHMENT FIFTH AMENDED PLAT ASPEN HIGHLANDS VILLAGE P.U.D., BLOCK D, LOTS 21 5 AND 9B SECTION 14, TOWNSHIP 10 SOUTH RANGE 85 WEST OF THE SIXTH PRINCIPAL- MERIDIAN PITKIN COUNTY, COLORADO ATTAC ENT PLAZA LEVEL FIFTH AMENDED PLAT ASPEN HIGHLANDS VILLAGE P.U.D., BLOCK D. LOTS 21 5 AND 9B SECTION 14, TOWNSHIP 10 SOUTH RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN PITKIN COUNTY, COLORADO BO�M�RANG ROAD DI,STi ROADWAY LOT D �1SP, " HIGHLANDS VILLAGE P.U.D., aLOCK D / / RECEPTION NO, 436003 CP CURB SET DISC IN CONCRETE / 2 RO NO \ 66 �'• (RP-1); v LOT 5 B1 0.050 ACRES B4 \ / /\ c10 - A22 (RP-7) \ C8 Ly S& Of A& A 61 -A21 (RP- /L Q9 N 0 0 LOT 9B A2D 1.028 ACRES h�A, �j O Np :P Off" a ti C9LOT 5 �. .092 ACRES SRO. A19 'LRp. LOT 7 ASPEN HIGHLANDS VILLAGE P.U.D., S9+ A18 BLOCK D _ RECEPTION NO. 436003 LG j A17 �'�� Z / (RP-6) A15 �0 cP / �� � Rom. � �•+ / A16 J� 0 � ,ASPEN HIGHLANDS VILLAGE PARKING AND / A i s� s. PLAT70 ' LOT UAL' A21 ' 0.77' DQSflNG W 2Rp. j 1 I R-. DETAIL A N75 LOT 3 / ASPEN HIGHLANDS VILLAGE P. U.D., / BLOCK D \ RECEPTION NO. 436003 / PROSPECTOR ROAD \ / DISTRICT ROADWAY LOT E SEE SHEET 3 ASPEN HIGHLANDS VILLAGE P.U.D.,\ FOR LOCATION & DIMENSIONS OF THIS BLOCK D \ FJA _EASEMENT RECEPTION NO. 435003 \ / \ % �) LINE TABLE LINE LENGTH BEARING L1 9.15' N39°10'40"W L2 12.92' N50'49'09"E L3 5.57' N39'10'39"W L4 8.53' S24°29°53"W L5 1.01' S49°31'56"W L6 9.62' S49'32'11"W L7 10.80' N40'18'13"W L8 11,45' S49'41'47"W L9 5.03' S40'18'13"E L10 9.56' S40'28'16"E L11 8.40' S49'33'03"W L12 8.08' N49°33'03"E L13 2,48' N40'26'57"W L14 11,64' N46'36'42"E L15 7.40' N49-31'56"E L16 4.49' N49'31'56"E L17 4.49' N30'31'32"W L18 24.92' N69'28'54"E L19 25.54' N43'14'15"E L20 6.98' N30'37'33"W L21 21.287 N39'49'31'E L22 4.88' N30°27'46"W L23 9.29' S40'28'29'E L24 60.13' S73-36'20"W L25 26.67' N40°25'29"W L26 19.87' S50'58'12"E L27 33.93' N04°59'58"E L28 32.66' S16'49'47"W L29 27.96' N60'50'03"E L30 2.94' S49'32'01 "W L31 2.00' S4932'01 "W / / \ LOT LINE / \ \ - - - - - - o° � t VACATED LOT LINE \ a A \ 0 A (LOWER LEVEL) s \ \� LOT 9 UTILITY \\ i \ z'p, EASEMENT �\ GRAPHIC SCALE 20 0 10 20 40 1n \ OJ LOT LINE VACATED \ / 70. ?7 S49 31 44 W , S40'28'16'E \ 7. 0' \ C14 '24'28"W s P1 sue. C> \ j �O D11YG Qf14oK fACJLI) Y, LOT 9A ASPEN HIGHLAVD.5 VILLAGE P. U.D., � \\ BLOCK D, REP-;?7ION NO. 450453 / p- zp,, CP � FOUND DISC P JN CONCRETE / , �/ (A£1 CONTROL) / ASPEN HIGHLAND CONDOM/MUMS -PHASE i / LOTS 4 cL 3, ASPEN HIGHLANDS VILLAGE P.U.D., BLOCK D RECEPTION' IYO. 450455 (LOT 4) BY THIS PLAT ` IZFT ) 1 inch = 20 ft, �h A4 � LOT 2 (RP-2) A5 �i (SEE SHEET 3) \ / � i Z D 2 / CP� C4 / pig. \ D1 Rs F A6 \y F N86'57'51 'E /- O I \ D3 52.97' (11E) 024 ACRES P. )191 LOT LINE VACATED 3Y p� C5 \ / THIS PLAT A8 15.7 5' / L ,RP-4)/ A Al2 y A14 A11 �vo A9 " �\S2A / 0A) \ LOWER LEVEL MONUMENTATION TABLE i ATTACHMENT REF POINT CORNER BEARING DISTANCE RP-1 Al N23'49'45"E 45.09' RP-2 Al N24'34'14"W 141.3T RP-1 A2 S81'50'40"E 61.62' RP-2 A2 N08'06'45"W 81.37' RP-1 A3 S74'24'13"W 55.73' RP-2 A3 N14'11'50"W 76.65' RP-1 A4 S53'42'12"E 135.86' RP-2 A4 N76'31'12"E 38.0T RP-2 A5 N7T13'27"E 37.1T RP-3 A5 N13'17'43"W 76.66' RP-2 A6 S58'32'00"E 106.14' RP-3 A6 N73'19'19"E 38.26' RP-2 A S54'01'03"E 107.51' RP-3 A7 N84'26'44"E 33.27' RP-3 A8 S81'59'27"E 51.98' RP-4 A8 N61°12'03"E 120.98' RP-3 A9 S23'20'38"W 88.19' RP-4 A9 S51'35'30"E 24.92' RP-3 A10 S30'13'56"W 105.44' RP-4 A10 S03'05'21"E 25.65' RP-3 A11 S33'07'06"W 103.61' RP-4 A11 S05'44'05"W 21.40' RP-3 Al2 S30'39'20"W 91.39' RP-4 Al2 S30'56'41"E 15.31' RP-3 A13 S36'12'59"W 88.65' RP-4 A13 S79'06'44"E 6.39' RP-4 A14 S33'48'04"W 20.51' RP-5 A14 S27'33'26'E 169.23' RP-5 A15 S03'56'47"E 60.20' RP-6 A15 S84'1613"E 48.2T RP-5 A16 520'39104"W 100.17' RP-6 Al S12'24'D4"E 39.25' RP-5 A17 S57'04'50"W 88.47' RP-6 A17 N76'44'36"W 31.21' RP-5 A18 S5T46'03"W 81.41' RP-6 A18 N64'12'01"W 27.49' RP-5 A19 S74°05'06"W 88.28' RP-6 A19 N52'53'21"W 51.43' RP-5 A20 S75'21'16"W 84.22' RP-7 A20 S10'12'46"E 55.83' RP-5 A21 S86'13'20"W 94.54' RP-7 A21 SO4'14'07"W 39.99' RP-5 A22 N73'00'43"W 125.75' RP-7 A22 N84'11'44'W 31.01' RP-6 61 N12'31'32"W 127 .92' RP-7 81 N28'45'47"E 41.05' RP-5 62 N52'01'00'W 68.68' RP-7 62 N76'58'19'E 38:23' RP-5 83 N10'42'01"W 77.35' RP-6 B3 N12'40'41"E 134.52' RP-5 84 N06'12'42"W 68.17' RP-6 B4 N16'37'54"E 128.31' RP-1 SS S51'40'31"W 20.98' RP-6 85 N19'07'57'E 138.04' RP-1 86 S65'03'14"W 21.74' RP-5 86 NOt'22'39"W 79.04' RP-1 7 N 4 "W ' N41'46'1"W 1.78' 88 N56'21'24"W 20.33' ��RP7 68 S14'35'40'E 36.59' RP-1 Ct S29'70'46"E 22.6T RP-7 C1 N73'S3'13"E 125.1T RP-1 1'1" .1 ' RP-2 C2 Not' "W 8 0' RP-3 C3 4T1 1"W 1 RP-, 4 '51' 14 4' RP-2 C4 S05'47'55"E 38.76' RP-3 C5 S71'22'38"W 45.16' RP-4 C5 N12`52'43"E 52.38' RP-4 6 N "0 "W 1 1' RP-6 N47' S" 11' RP-6 C7 N47'15'17"E 79.71' RP-7 C7 S71'50'14'E 111.60' RP-6 C8 N31147'04"E 83.64' RP-7 C8 S78'59'59"E 93.26' RP-6 09 N33'19'49"E 91.36' RP-7 C9 S82°40'38"E 98.50' RP-1 C10 S20'59'27"W 51.69' RP-7 C10 N86'02'44"E 90.89' RP-1 C71 S11'00'08"W 39.66' RP-7 C71 N81'16'17"E 102.82' RP-1 C72 S13'54'56"W 38.16' RP-7 C12 N80'04'51"E 101.54' RP-3 C13 S68'41'58"W 5i.21' RP-4 C13 NOS'12'34"E 47.3T RP-4 C14 N14'51'12"W 85.25' RP-6 C14 N8T36'44"E ,11.83' RP-2 D1 S10'S5'37"E 44.71' RP-3 Dt N63'39'29"W 50.67' RP-2 D2 S25'15`19"E 39.70' RP-3 D2 N50'28'31"W 47,90' RP-3 D3 N63'17'03"W 18.18' RP-4 D3 N2T2S'42"E 82.99' t BOOMERANG ROAD DISTRICT ROADWA 1' LOT D ASPEN HIGHLANDS VILLAGE" P.U.D., BLOCK D REC. #436003 L-- -- LOT I ASPEN HIGHLANDS VILLAGE P.U.D., BLOCK D REC, #435003 FIFTH AMENDED PLAT ASPEN HIGHLANDS VILLAGE P.U0 D., BLOCK D. LOTS 29 5 AND 9B SECTION 149 TOWNSHIP 10 SOUTH RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN PITKIN COUNTY, COLORADO PROSPECTOR ROAD DISTRICT ROADWAY LDT E' .ASPEN HIGHLANDS VILLAGE P.J.D., 72' BLOCK D REC. #436003 SECTION 1-1 A BOOMERANG ROAD DISTRICT ROADWAY ILOTD ASPEN HIGHLANDS VILLAGE P.U.D., BLOCK D �EC. #436003 - LOT I ASPEN HIGHLANDS VILLAGE P.U.D., BLOCK D REC, #436003 DISTRICT PLAZA LOT A ASPEN HIGHLANDS VILLAGE P. U.D., BLOCK D REC. # 435003 ELE1' LOT 5 23.03' 07' LOT 98 I DISTRICT PLAZA LOT C ASPEN HIGHLANDS VILLAGE P. U.D., BLOCK D 98.40' REC. # 436003 LOT 5 LOT 3 ELEv so81 ASPEN HIGHLANDS LOT 7 11.68 ELEIA-W81 VILLAGE P.U.D., ASPEN HIGHLANDS--913.67' 1.60' BLOCK D VALAGE" P.U.D., REC. #436003 11.45' LOT 9B BLOCK D REC.. #436003 LOT 9B SECTION 3-3A .ASPEN HIGHLANDS CONDOMINIUMS_ PHASE I /LOT 4) REC. #450455 ELEV-8086.5' 75.9T crFv-an 61 LOT 9B o I N c 0 0 a m ti N L m 3 'm -rn �I i z_ a cn Q 11 190. LOT 2 ELEV=8083 2.95' 38' LOT 9B SECTION 5-5A I °ROSPECTOR ROAD I 76TRICT ROADWAY _OT E ISPEN HIGHLANDS /ILLAGE P.U.D., 3LOCK D 'EC. #435003 I i I DRAINAGE EASEMENT DISTRICT PLAZA LOT A ASPEN HIGHLANDS CONDOMINASPEN HIGHLANDS IUMS- , VILLAGE P.U.D., PHASE J BLOCK D PLOT 4) ELEV-8082.5' I REC. 0436003 REC. #450455 14 LOT 9B SECTION 6-6A LOT LINE VACATED BY THIS PLAT PROSPECTOR ROAD DISTRICT ROADWAY LOT E ASPEN HIGHLAND VILLAGE P.U.D., BLOCK D REC. #435003 SECTION 2-2A PROSPECTOR ROAD DISTRICT ROADWAY LOT E ASPEN HIGHLANDS VILLAGE P. U.D., BLOCK D REC. #436003 ASPEN HIGHLANDS PARKING AND LOADING DOCK FACILITY ELEV=8082.5' 36.78' (LOT 9.AJ REC. #450453 LOT 2 29.34 LOT 2 ELEV=8083' E 9.62' -s6.82 LOT 9B LEGEND LOT LINE ELEV-8083' ELEVATION OF LOT LINE LOT CONTINUES UPWARDS ! LOT CONTINUES DOWNWARDS — — — ADJACENT LOT LINE I DISTRICT PLAZA LOT A I ASPEN HIGHLANDS VILLAGE P.U.U., BLOCK D REC. # 436003 162.48' LOT 5 f LOT 3 LEv-8o82.5' ASPEN HIGHLANDS ELEV=8084' f VILLAGE P, U.D., —106.52' BLOCK D LOT 9B 27.11' LOT 9B 961 REC. #436003 55.98' —3.32' f A A f� SECTION 4- 4-A DRAINAGE EASEMENT I PROSPECTOR (ROAD DISTRICT ROAWAY LOT E VILLAGE P. U ASPEN HIGH I .NDS, BLOCK D REC. #4360of -i 8.72' I � I DRAINAGE EASEMENT GRAPHIC SCALE 20 I I 70 20 40 tb ( IN FEET ) 1 inch = 20 ft ATTAC BT " P' _=M SHEET _ 5 OF 5 ENGINEERING INC. EDW'ARDS BUSINESS CENTER • P.O. BOX 97 EDWARDS, COLORADO 81632 • 970 926-3373 • FAX 926-3390 JOH# 03025.