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HomeMy WebLinkAboutLand Use Case.0651 Pfister Dr.0027.2016.ASLU0027.2016.ASLU ( MAROON CK CLUB) ADMIN DETERMINATION CI of Permits o O File Edit Record Navigate Form Reports Format Tab Help vl J - � A jump ? l � ` • � � Ptain Custom Fields Routing Status Fee Summary Actions Routing History o Permit type �slu Aspen Land Use Permit # 0027 2016 ASLU —� Address 10651 PFISTER DR Apt/Suite o City JASPEN State CO Zip 61611 0 o Permit Information x o Master permit Routing queue aslulS Applied O4 07 2016 z Project Status pending Approved 0 N Description APPLICATION FORANADMINISTRATIVE DETERMINATION ON MAROON CREEK issued CLUB FOR FAR Closed/Final Submitted IDENDON ADAMS 925 2855 Clock Running Days Lam' Expires 04l0212017 - Submitted via I— Owner Last name JACKSON 43 INVESTMENT' First name 210 E CAPITOL ST #1210 JACKSON MS 39201 Phone O - � Address Applicant ❑ Owner is applicant? ❑ Contractor is applicant? Last name IBOWDEN DEVELOPMENT First name IPO BOX 1470 ASPEN CO 81612 Phone (970) 544-2000 Cust # 25306 Address Email I Lender Last name—� First name Phone () Address AspenGold5 (server. angelas _ 1 of 1 CIL 2 63 -7 � w� CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT ADMINISTRATIVE DETERMINATION JURISDICTION: City of Aspen TOPIC OF DETERMINATION: Maroon Creek Club Floor Area Lots 1, 2, 3, 5, 12, 16, and 41 through 45 EFFECTIVE DATE: WRITTEN BY: APPROVED B April 26, 2016 Jennifer Phelan, Deputy Planning Director Jessica Garrow, Community Development Director SUMMARY: There are 11 lots in the Maroon Creek Club Subdivision that, when approved in 1993, were allowed a maximum of 10,000 square feet of floor area. An interpretation request has been made by the applicant's representative, Chris Bendon, regarding the applicability of a maximum 750 square foot garage exemption when calculating the total floor area for Lots 1, 2, 3, 5, 12, 16, and 41 through 45, hereby referred to as the "estate lots." BACKGROUND: The Maroon Creek Club Subdivision/PUD was approved by the Pitkin County Commissioners in 1993. Resolution #93-104 outlines floor area limitations for specific lots. According to condition #4 b., Lots 1, 2, 3, 5, 12, 16, and 41 through 45 are limited to 10,000 square feet maximum which includes garage space. In 1996 the Maroon Creek Club Subdivision/PUD was annexed into the City of Aspen. Ordinance 40, Series of 1996, documented the annexation and memorialized the County approvals. Attempting to "further clarify the approvals" the Ordinance also lists the county code provisions that are to be used to determine height, bulk and setbacks in the Subdivision/PUD. Exhibit A restates Pitkin County Code definitions that pertained to height, bulk and setbacks. For the definition of Floor Area, garages and carports are included as being exempt up to a maximum of 750 square feet. This applicant contends the 750 square foot garage exemption should apply to the estate lots based upon the language in Ordinance 40, Series of 1996 suggesting it is the controlling document by "virtue of time, type of document, and adopting entity." Page 1 of 3 DISCUSSION: Staff relied upon Pitkin County Ordinance 90-05, Pitkin County Resolution 93-104, the Whereas clauses of City of Aspen Ordinance 40, Series of 1996, and Section 26.104.080 B. of the City of Aspen Land Use Code to render this determination: 1. Pitkin County adopted the 750 square foot garage allowance in 1990, BOCC Ordinance 90-05. 2. Resolution 93-104 is clear regarding floor area limitations for specific lots in the Maroon Creek Club Subdivision. Recital #4(a) 1. states: "that a maximum of 10,000 square feet of floor area" is permitted for the estate lots. Additionally, the Resolution is clear how garage square footage will be calculated. In condition #4 b., "a maximum of 10,000 square feet which includes garage space" is permitted for the estate lots. The same condition also includes the following statement: "No exemptions for garage space under the Land Use Code are permitted for these lots." 3. Ordinance 40, Series of 1996, includes two Whereas clauses that reference the PUD approval. The third Whereas clause of the Ordinance states: "it is the obligation of the City of Aspen, under the Water Service Agreement, to not divest or diminish the land use approvals or development rights awarded by Pitkin County for the project in their entirety and has therefore maintained all existing County approvals, findings, written interpretations and amendments for the subdivision granted prior to the annexation agreement..." The fourth Whereas clause of the Ordinance states: "to further clarify the approvals.... Exhibit A defines the following definitions of the Pitkin County Land Use Code that shall be utilized for the purposes of determining height, bulk, and setbacks within the PUD:... Floor Area (FAR)." Exhibit A includes definitions from the County Code and the definition of Floor Area exempts up to a maximum of 750 square feet for garages when calculating allowable floor area. 4. Section 26.104.080 B. Multiple Regulations of the City of Aspen Land use Code states: "where any provision imposes a greater or lesser restriction or requirement upon a given subject matter than a general or other provision, the provision imposing the more restrictive or greater regulation shall be deemed controlling." Resolution #93-104, which does not allow an exemption for garages when calculating floor area in the Maroon Creek Club for the estate lots, is more restrictive than the Ordinance 40, Series of 1996, Exhibit A. DETERMINATION: There is considerable attention paid to the floor area limitations of the residential parcels in the County's approval of the Maroon Creek Club Subdivision/PUD. In two sections of Resolution 93-104, floor area limitations are clearly defined for the estate lots and garage space exemptions were not to be used despite the language, at the time, in the Pitkin County Land Use Code. It is staff s finding that the County clearly thought through the allowable floor area for each grouping of lots that are part of the Maroon Creek Club Subdivision/PUD, a site specific development plan, and knowingly did not apply the garage exemptions to the estate lots in this Page 2 of 3 project. Additionally, the City of Aspen, via the annexation, agreed to honor the whole project as approved by Pitkin County. Finally, the two documents, due to the language in Exhibit A which reflected the County's Floor Area Definition exempting garage square footage, are in conflict. However, the City of Aspen Land Use Code accounts for conflicting regulations imposing the more restrictive regulation. Therefore, it is staffs determination that the limitation of 10,000 square feet of allowable floor area for the estate lots (Lots 1, 2, 3, 5, 12, 16, and 41 through 45) in the Maroon Creek Club Subdivision/PUD includes garage space and no garage square footage exemption is permitted for these lots. APPEAL OF DECISION: Any person with a right to appeal an adverse decision or determination shall initiate an appeal by filing a notice of appeal on a form prescribed by the Community Development Director. The notice of appeal shall be filed with the Community Development Director and with the City office or department rendering the decision of determination within fourteen (14) days of the date of the decision or determination being appealed. Failure to file such a notice of appeal within the prescribed time shall constitute a waiver of any rights under this Title to appeal any decision or determination. ATTACHMENTS: Exhibit A — Letter of Request for Determination Exhibit B - Pitkin County Resolution #93-104 Exhibit C — Ordinance 40, Series of 1996 Page 3 of 3 THE CITY OF ASPEN Land Use Application Determination of Completeness Date: April 6, 2016 Dear City of Aspen Land Use Review Applicant, We have received your land use application for Maroon Creek Club — Administrative Determination and have reviewed it for completeness. Your Land Use Application is complete: Please submit the following to begin the land use review process. 1) Digital pdf of the application. 2) Review deposit of $325.00. 3) One additional hard copy of the entire application. Additional copies may be requested as we are polling the commission to see if they want a hard copy. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Thank You, 4Vl� efer Phelan, Deputy Planning Dir ctor City of Aspen, Community Development Department For Office Use Only: Mineral Rights Notice Required Yes No GMQS Allotments Yes No___.� Qualifying Applications: New PD Subdivision r PD (creating more than 1 additional lot) Residential Affordable Housing Commercial E.P.F. Lodging IST00,7- 71IM717. i March 22, 2016 Ms. Sara Nadolny, AICP CAPR 0 7 2016 ► Community Development Department ' -APR OF City of Aspen C�`;,. 130 So. Galena St. Aspen, Colorado 81611 RE: Request for Clarification — Maroon Creek Club Floor Area Ms. Nadolny: Please accept this request for a clarification of the Maroon Creek Club land use approvals. Our client recently bought Lots 41, 42 and 43 in the Maroon Creek Club. Lot 43 came with an existing set of architectural plans and a valid building permit. The previous owner, during design development, inquired about the 750 s.f. garage exemption and was informed the exemption did not apply. It sounds like this was a simple planner -of -the -day question from the architect, Poss & Associates. The former owner did not question the response and proceeded with a smaller design. The Maroon Creek Club was reviewed and approved in Pitkin County and resulted in the adoption of Pitkin County resolution No. 93-104, A Water Service Agreement was subsequently approved by the City of Aspen in 1993. The developer then sought annexation to the City of Aspen and the lands were annexed pursuant to Ordinance Nos. 33 and 34, Series 1996. The lands were provided City of Aspen zoning and certain development allowances were explained pursuant to Ordinance No. 40, Series 1996. The County approval did not provide a garage exemption for these eleven "estate" lots (Reso 93, page 4, item 4). The Water Service Agreement attached the County approval. The annexation ordinances are silent on the entitlements. Ordinance 40 rezones the properties but also adopted several definitions for determining height bulk and setbacks. The exhibit to Ordinance 40 recites the methods for calculating various dimensional terms, including Floor Area. The exhibit in Ordinance 40 clearly states a 750 s.f. garage exemption for the eleven lots of this type in the MCC. The two documents clearly contradict one another. Our read of these documents suggests Ordinance 40 prevails and the 750 s.f. exemption applies. The City had the authority to interpret the approvals by ordinance. The City adopted Ordinance 40, in part, to clarify the approvals. It 300 SO SPRING ST 1 202 1 ASPEN, CO 81611 970.925.2855 1 BENDONADAMS.COM 0 MCC Lot 43 Page 2 was subsequent to the County approval, by Ordinance instead of resolution, and an action of the current entity with jurisdiction. Ordinance 40 is clearly the controlling document by virtue of time, type of document, and adopting entity. There is a 2004 memo in the planning file from Sarah Oates to Bill Lukes. In her letter, Ms. Oates clarifies garage exemption allowances for lots with houses of 5,500 and 6,000 square feet. The letter finishes with a statement about the floor area for the larger homes - "The lots with an allowable FAR of 10,000 square feet are not entitled to a garage exemption. " The Oates letter doesn't provide background, but has apparently been used by City staff to administer the approvals. The Oates letter does not acknowledge Ordinance 40 and was not issued as an official interpretation or determination regarding the property rights within Maroon Creek Club. The letter is marked "confidential" and is not recorded and does not show on title reports. Our client did not discover this letter until after purchasing these properties. In fact, we have just become aware of its existence as it is not a part of the public record. Before purchasing Lot 43, our client purchased Lots 41 and 42, also estate lots allowing 10,000 square feet. Prior to purchasing these lots, they worked with a local architect to develop plans for the new residences. The architect reviewed the public record, provided an opinion to the buyer on house sizes relying on that public record and then designed a home for Lot 42 utilizing the 750 square foot exemption stated in Ordinance 40. We believe Ordinance 40 is definitive and that purchasers and the design community have relied on its clarity. Respectfully, we request confirmation that the garage exemption stated in Ordinance 40 applies to MCC Lot 43 and the ten other MCC lots in this category. Please let us know if we can provide additional background information. Kind Regards, 6W� Chris Bendon, AICP Principal BendonAdams, LLC Attachments: A— Pitkin County Resolution No. 93-104. B — City of Aspen Ordinance No. 40, Series 1996. C — Sarah Oates letter to Bill Lukes. D — Proof of ownership and authorization to represent. 300 SO SPRING ST 1 202 1 ASPEN, CO 81611 970.925.2855 1 BENDONADAMS.COM EXHIBIT .0 .0 I A *360002 08/13/93 15&54 Rac s.00 RK 721 PS 243 Silvia Davis, Pitkin Cnty Clark, Doc $-00 assOLUTIO31 Or 732 BOARD Of COOM C01XIssrONER8 OF pITZIN COUNTY, COLORADO GRANTING VIM PLAT APPROVAL FOR MAROON CRMM CLUB (VRZVlousLy VVIATRR RANCH/GOLF) Resolution 0 93-OY Y. RECITAL 1. Pearce Equities Group II Limited Liability Company, hereinafter "Applicant*, has applied to Pitkin County to request Final plat approval for the Maroon Creek Club Subdivision to be -located on a parcel of land nor* specifically described in Exhibit "A"; and 2. The Applicant has received General submission approval from the board of County commissioners (hereinafter "Board") by Resolution 90-87 and Detailed Submission approval by Resolutions 91-111 and 91-112. 3. other Resolutions which aW6 still in effect on the property include: 0 89-104 -Residential GMUSallocation 0 89-113 Commercial GKOS allocation 0 90-102 Residential G340S allocation a 92-244 Residential GKQS allocation 0 92-5 commercial GXQS allocation 0 Resolutions 79-26 and 83-90 affecting the Grand Champion* Club If there are conflicts between them* prior resolutions and the PUD/Subdivision resolutions, this Final Plat approval shall take precedence. 4. The total property is approximately 369 acres, including �] aop} a. 0360002 08/13/y3 15:54 Roc s.00 BK 721 PG 246 Silvia Davis, Pitkin Cn11 Cle,., Doc 1.00 Resolution 193-&y Page 2 approximately 70 acres under lease to the applicant. The project site is located north and west of Maroon Creek on both sides of Mighway 82 and includes portions of the Buttermilk Ski area (Tiehack). The project is approved as a residential and golf course development to consist of the following: (a) Single F roily - The development of forty three (43) residential single family lots with the following floor area limitations (1) 2 d1 through 45, shall be permitted amaximumOf10,000 square feet of floor area. (2) ands48, hallthough be permitted though maximum0of46,000 square .feetof floor area. (3) Lots 32 though 39 shall be permitted a maximum of 5,500 square feet of floor area. (b) wulti- PamilL - The development of thirty seven (37) tawnhoJaen with a maximum aggregate floor area of 148,000 square feet, excluding underground garage floor area. No individual townhouse unit shall exceed 4,800 square feet. (c) Bmnlovae Housina - The development of thirty nine (79) multi -family rental PNH units including 13 one - bedroom, 13 two -bedroom, and 13 three -bedroom units plus one single family "for sale" PMH parcel. There are ten additional units available, whicn are not required to be constructed by the applicant, but may be assigned by the applicant to another party to construct. (d) Golf Course - The development of a Championship 18 hole golf course, driving range, practice green, a halfway house/s,iack bar of no more than 1,200 square feet on the golf course, an s,000 square foot golf cart storage and maintenance building, 159 additional parking spacos at Grand Champions Club and 20,900 square feet additional commercial square footage to the Grand Champions Club. J . e360002 08/ 13 /9 - 3 15. Sa Re c f .00 B K 21T Silvia Davis, Pitkin Cnty Clerk. Doc ) i "+ t.00 t': S Resolution /93-L Y Page 3- I t� (e) lod41nQ - The addition of 12 lodge rooms at 580 square feet each (6960 square feet) to the Grand' ' ti Champions Club. (f) Trails - The applicant has committed to dedicate a , U` public fishing easement along Maroon Creek, a daytime nordic trail system on the golf course, a nordic trail connector between the City golf course and the Government Trail via the existing trail along Maroon Creek to the extent they are within project boundaries, a year-round trail easement along Maroon Creek (ditch trail), access from the Tiehack parking lots to link to the Government Trail, a pedestrian underpass from the vicinity of the employee housing complex to serve as a trail link between the Owl Creek bike path and the AABC bike path at the time of Highway 82 four-laning, g and a donation of 50% (with $300,000 as a cap) of the cost of construction of a pedestrian bridge across Maroon Creek. The applicant has also agreed to keep public trails open during construction. , 4. The Final Plat application was considered at a public meeting before the Board On June 15, 1993 at which time the Board has found the Applicant's request meets the requirements of the Land Use Code. NOW, TKZRZ"", BE IT RE90LVRD by the Board of County Commissioners �f Pitkin County, Colorado that it hereby grants Final Plat approval for the Maroon Creek Club Subdivision subject to the following conditions: 1. No further subdivision of the PUD shall be allowed except in connection with the condom iniumization of any elements of the i project, subject to obtaining any required approvals pursuant to the Pitkin County Land Use Code. It is acknowledged that l� all GMQS allocations have been obtained for all elements of f �p this project. 2. The Tiehack parking area shall have a minimum of 121 spaces and shall be open to the public for day -time use only. The j Buttermilk Master Plan is hereby amended to allow the modifications approved for this project including improvement '� hu Z , .. �.. w • O p g . .. 'V1 Q1 DFIl'3,9Pitkin C ty CIoO Bf,D ?2DC fPOi� 'r;• i Resolution :93 ay a Page 4 of ski facilities to include relocated lift alignments, relocated parking to include no less than 121 parking spaces'= and eliminate the restaurant at the base of Tiehack. No r' £ additional revisions to the Buttermilk Master Plan shall be allowed by the County without adequate review of lift capacity and the transit and parking needs of Buttermilk Mountain as a whole. 3. Caretaker units on single family parcels are subject to the requirements of Section 3-8.13 of the Land Use Code. 4. The following condition relates to the calculation of square i footage for garages: a. Single family lots 4, 6 though 11, 19 though 40, 46, 47 j ` and 48 may each obtain 500 square feet of floor area from F the townhomes for the purpose of constructing garages, i subject to trading the square footage from the townhomea. No exemptions for garage space under the Land Use Code •�� are permitted for these lots. rb. Single family lots 1, 2, 3, 5, 12, 16 and 41 through 45 1 , are limited to a maximum of 10,000 square feet which includes garage space. No trading of square footage from 1 these lots with the townhomea is permitted. No exemptions for garage space under the Land Uce Code are 1 permitted for these lots. 5. In connection with the approval, the BOCC agrees and makes the following findings a. The Applicant is leasing or acquiring 19.3 acres of the adjacent Pfeiffer Parcel. The remainder of the Pfeiffer parcel, other than 19.3 acres, is currently improved with one residential dwelling unit and may only be further developed upon compliance with Section 5-510 and all other applicable requirements of the Pitkin County Land Use Code. b. The Applicant is obtaining 245.4 acres of the 249.8 acre Pfister Parcel. The remaining 4.4 acre parcel is currently improved with one residential dwelling unit and may only be further developed upon compliance with section 5-510 and all other applicable requirements of the Land Use Code. However, in accordance with BOCC N' Resolution 89-61, the owner of either parcel (the 245.5 or the 4.4 acres) may utilize the square footage of the three residential dwelling units (a total of 5,015 square feet) currently located on the 250 acre application) parcel to build not more than three residential dwelling y, r: �� .°v ;sue+,g"lei d�}r� a�yb .. F i_ .K�'O�' ��. 1, 5•f a� 0360002 08/13/93 15:54 Rec e.00 BK 721 PG 249 Silvia Davis, Pitkin Cnty Clerk, Doc f.00 Resolution f93-0 page 5 units totalling 5,015 square feat, if the existing units are demolished. Such replacement is subject to compliance with applicable zoning, 1041 hazard review, A and other requirements of the Land Use code. The replacement credit of 5,015 square feet is an addition to any other residential density described or approved in this resolution. 6. In the winter, the aerial lift, which may be constructed at Applicant's choice on Lot 16, shall be available to the public at no charge, and subject to safety and operational rules of all appropriate regulatory agencies. If a lift is not constructed, alternative means of crossing Tiehack Road will be provided for nordic skiing and pedestrians. 7. All utilities shall be placed underground within driveways, major roadways and areas disturbed by regrading activities as illustrated on the approved PUD grading plan. 8. For all �a buildings within the PUD, building height shall be measured pursuant to the Land Use code provisions in effect at the time of issuance of a building permit. Height of the structures will be. measured from finished grade as approved on the PUD ,grading plan. 9. Prior to. signature of the Final Plat or issuance of an /! excavation permit for the project, the Applicant shall submit a financial security acceptable to the County Attorney and BOCC insuring the construction of the infrastructure and r public improvements, and/or reclamation of the property, as identified in the Subdivision Improvements Agreement. 10. No dogs shall be allowed in the employee housing complex, and any dogs on the remaining portions of the project site shall °- oleashed or kenneled. All workers associated construction of the project shall be prohibited to bring dogs to the site. 11. As part of the employee housing complex on the north side of a�Y, Highway 82, and if an agreement satisfactory to Applicant and the County can be consummated by September 1, 1993, the s Applicant will construct up to seven (7) additional units; provided that the County shall, during the course of the design and construction, pay all costs (hard and soft) associated with such additional units, together with all management and operation costs associated therewith. Three (3) additional units art reserved to be used by Pfeiffer. } 12. Prior to recordation of the Final Plat, the applicant shall obtain a signed water agreement from the City of Aspen, ew o. ?.' 0360002 Oe/13/93 IS154 Rec e.00 BK 721 pa 250 .,.� Silvia Davis, Pitkin Cnty Clark, Doc a.00 Resolution 093-W Page 6 subject to review by the County Attorney. 13. No issuance of any residential building permits for the Project shall be allowed until such time as an adequate water supply is in place. 14. Construction is permitted from 7:Oo am to 7:00 pm Monday through Saturday. Sunday or longer hours may be approved at the discretion of the Planning Director. 15. All 'ewes Bits and agreements shall be recorded concurrently with recording of the Final Plat documents. 16. All smtorial representations made by the applicant in the application and public meetings shall be adhered to and considered. conditions of approval, unless amended by other conditions. A1il0Vi0 1+MC .aDO►M ON 222 1STH DAY OF Jf1NL 1993. Boa= OF COMITY CONK185I01MRs or WITtIN CODNT?, LORI►DO DFt s te, c a roan Dates ones tr COuat� lert and Recorder APPSOVZD as TO FORM Amon As To CONTSNTt Cogmt� At e7 reeo.boae.fy.aareaerkelrb sn COt1A }leasing Director �'i r 1 > e3"002 09/13/93 15,54 Rec f.009KT'Zi pa =l r*" via Davis, Pitkin Cnty Clark. Dot f.00 r NORTH PARCEL A Parcel of Land situated in Sections 2, 3 and 11, Township 10 South, Range 85 fleet of the 6th P.M., Pitkin County, Colorado, being more Y fully described as follows: BEGINNING at the intersection of the Northeasterrly Right-of-way line of Colorado State Highway No. 82 whence the 1/4 Corner common to said said Sections 2 and 3 bears N 59.19112, E 777.77 feats i thence generally along fence lines South of Stage Road the following courses and distances: t S 60.13100, E 308.40 feet; '1 S 64-30100" E 37.56 feet; S 42.12116" E 2.57 feet; 8 64.30100" E 326.51 feet; ' S 62'00100" E 70.17 feet; ! 8 50*08,00• E 06.98 feet; S 55'44100' E 75.14 feet; C' 8 64.10.00" E 79.10 feet; S 73'03.00" E 50.29 feet; S 78.44100" E 203.36 feet; S 75.47100, E 94.37 feet, S 69.14100, E 39.32 feet; 9 S 59'14100• E 131.07 feet; a S 48.35100' E 15.27 feet; s 10'26'00" E 26.19 feet; S 87.11'08• E 67.69 feet; r e S 87'48118" E 142.90 feet;. 8 87'38'24" E 105.68 feet;�' i S 88'09103" E 109.76 feet; N 88.52109" E 189.99 feet; N 87'51'40" E 136.14 feet- N 86*06.39' E 144.94 feet; N 86'18102' E 156.94 feet; 4� N 88.09117' E 229.21 feet; thence departing said fenceline S 07.16009" M 762.31 foot; thence 8 36.21142• R 725.00 feet; thence S 00.58104" M 967.68 feet to a point on the Northerly Right -Of of said Colorado Stets Highway Mo.-May line82 and continuing along the following said Right -Of -May courses and distances; N 60'48100" M 746.61 feet, 2641.94 feet along the arc of a curve to the right having a radius of 5680.00 feet; N 34.09'00" M 124.60 feet; 793.17 feet along the arc of a curve to the right having a radius of 2242.00 feet to the Point of beginning, containing 83.795 Acres, more or less. i {f f � � is 1' Kaltl�}fi�" - e360002 08/13/93 15154 Rac $.00 BK M PG 252 SOUTH PARCEL Silvia Davis. Pitv,in Cnty Clem:, Doc S.00 i a A Parcel of Land situated in Sections 2, 10, 11 and 14, Township 10 South, Range 85 West of the 6th P.M., Pitkin County, Colorado, being o more fully described as follows: ' BBGINNING at the Southwest 33102" coiner of said Section 11; thence N 00• West 1/4 w 2683.01 feet along the west line of said Section 11 to the thence 11; corner of sa'd Section 11; N 00.32110" W 1672.45 feet along the west line of said Section k' thence S 89.58110, W 6.05 feet; thence N 27.47'05" E 58.89 feet; " t thence N 47'00140" W 49.01 feet; thence N 17.53107• W 81.02 feet; +• thence i N 44.12111" E 73.99 feet; thence N 29.55'54' W 124.00 feet; - thence N 54.14102" W 47.08 feet; thencm N 33.04119, W 2.32 feet; thence N 46.05143• E 483.91 feet; thence N O1.37115" L 661.08 feet; F # thence Way line N 37*02100, E Colorado 249.40 feet to a point on the Southerly Right -Of- of State Highway No. 82; thence following said right-of-way line 1299.18 feet along the arc of a curve to the left having a radius of 5790.00 feet, the chord of which curve bears S 51.33117" E 1286.51 feet; y thence following said right -of -ray N 32.04100, E 10.00 feet; *� thence following said right-of-way 289.19 feat along the arc of a curve to the bears left having a radius of 5780.00 feet, the chord of which curve 8 59'22'00" E 269.16 feet; thence thence following said right-of-way S 60.48100• E 882.76 feet; 8 18.09'00" W 176.89 feet; thence N 60.43100" W 311.07 feet; thence S 29.17'00" W 72.20 feat; J thence S 60.43100' E 60.57 feet; thence S 29'171001 W 86.80 feet; thence S 89.351001 E 304.56 feet; ,4 thence South 1412.20 feet; thence N 87.00100- E 256.69 feet; thence S 00.07'55• E 288.61 feet; thence N 89.31144" W 297.34 feet; r5 thence S 08.17126" W 300.64 feet; thence S 43.46126, W 253.29 feet; thence S 02.14104" W 496.46 feet; thence S 41*16.201 W 310.89 feet; thence S 14'00140" W 536.21 feet; thence S 02.16,09• E 422.00 feet; thence S 33.01'14" W 281.07 feet; E thence Section 8 00.14•51" E 11; 201.82 feet to a point on the South line of said 1 thence N 89*48120" W 294.43 feet along said South line; thence S 01.09'00• E 1321.99 feet; thence N 89.44156" W 1297.75 feet; r 4 thence 299.403 N 02.01116" W 1321.33 feet to the point of beginning, containing Acres, more or less. , V 7t • 0360002 06/13/93 15:54 Rec $.00 PK 721 pG 253 Silvia Davis, Pitkiii Cnty Clark, Doc $.00 f. EXCEPTING from the above described Parcels the following described Tracts: 1. A tract of land situated in Sections 10 and 11 of said Township and Range, being more fully described as follows: Beginning at a point on the west line of said Section 11 whence the west 1/4 Corner of said Section 11 bear@ 8 00'32110' 8 1672.45 feet; thence S 89*58110, W 6.05 feet; thenceN 27,471031 E 58.09 feet; thence N 47*00140" W 49.01 feet; thence N 17'53107" W 01.02 feet; thence K 44*21'11' E 73.99 feet; thence N 29*55'54" W 124.00 feet; thence N 54*14102, W 47.08 feet; a thence N 33*04118" W 2.32 feet; thence N 46*05143' Z 537.75 feet; iiii thence S 37145100" E 734.52 feet; thence 6 20,30116* M 40.00 feet; thence S 70*54116, W 227.93 feet; thence N 45'58100* W 339.24 feet; thence S 55*53100" W 54.70 feet; thence S 26'04100" W 267.30 feet; thence S 89*50110" W 116.23 feet to the point of beginning. 2. A tract of land situated in Section 11 of said Township and Range being more fully described as follows: Beginning at a point whence the Northwest Corner of said Section 11 bears N 23'58127" W 3064.58 feet; thence S 77*27155* 9 180.00 feet; thence N 12*32105" E 190.00 feet; thence S 77*27'55* E 335.00 feet; thence S 25'57130" E 187.83 feet; thence East 120.00 feet; thence South 345.00 feet; thence West 235.00 feet; thence N 09*59149" W 220.58 feet; thence N 77*27155* W 260.00 feet; thence S 12*32105" W 135.00 feet; thence H 77127'551 W 250.00 feet; thence N 12*32105, E 250.00 feet to the point of beginning. 3. A tract of land situated in Section 21 of said Township and Range being more fully described as follows: Beginning at a point whence the West 1/4 Corner of said Section 11 bears N 62*42134" W 1781.80 feet; thence N 55*19102* E 27.00 feet; thence 8 03'131001 W 282.23 feet; thence S 23'17154* W 318.82 feet; thence west 7.00 feet; thence N 03138100, W 28.00 feet; thence 96.53 feet along the arc of a curve to the left having a radius of 65.00 feet, the chord of which bears N 46'10137" W 87.90 feet; thence feet along the are of a non -tangent curve to the right having r,.s of 170.00 feet, the chord of which bears N 05*50102" E 46.74 feet; thence N 13*44105, E 44.28 feet; e360002 oB/13/93 13,34 Rac s.0o BK ?21 PB 264 Silvia Davis, Pitkin Cnty Clark, Doc s.00 thence 240.30 feet along the are of a curve to the left having a radius of 245.00 feet, the chord of which bears N 02.401131 N 13t.39 feet; y thence N 19.04.311 M 102.12 feet; thsncs 54.33 feet along the arc of a curve to the right having a radius of 240.00 feat, the chord of which bears N 12'3S•23• N 54.22 feet thence N 06.061241 w 116.31 feet;' i thence 2 94*41.01• i 241.71 feet to the point of beginning. a 4 00 S11via2Dav113jjtkin 4('w�tWCClark, Dac�f.00 m FRIaDL PFSIFaR L[GUL R parcel of land situated in Sections 2 and 1, Township 10 South, Range 85 Nest of the 6th P.N., Pitkin County, Colorado, being more fully described as follows Beginning at a point on the Southerly right-of-way line of Colorado state Highway No. 82 whence the Southwest corner of said Section 2 bears S 76*44'00• N 832.92 feet; thence R 46.OS'43• N 731.70 feed thence N O1'37'15• E 661.68 feet; thence N 37.02.00. 8 249.40 loot to a point on the Southerly right-of- way line of said Highway *0: 82; thence following said right-of-way line 304.23 feet along the are of a curve to the left having a radius of 5,790.00 feet, the chord of which curve bears 8 47.40'16• 3 304.09 feat to the point of beginning. COUNTY OF PITKIM,., MTN Ot COLORADO. #360002 Oe/13/93 15%54 Rec $.On BY. pG 256 -- Silvia Davis, Pitkin Cnty Clark, Doc t.00 �. c F y FRIEDL PFEIFER ASPEN REAL ESTATE IRREVOCABLE TRUST N0. 1 Lr� q LEGAL A tract of land situate in Lot 2 of Section 2, Lot 5 of section 11 and 4 Lot 1 Of Section 10, Township 10 South, Range 05 West of the 6th P.H., Pitkin County, Colorado, being more fully described as follows: Beginning at a point on the Southeasterly line of a parcel of land ` described in Book 338 at Page 684 of the records of the Clerk and a* Recorder of Pitkin County, Colorado, whence the Northwest corner of F said Section 11 bears N 06'46'03' E 669.76 fe-t; r thence N 46*05,43' E 1246.03 feet along said Southerly line to the ii Southwesterly right-of-way line of Colorado State Highway No. 82; thence 501.56 feet along the arc of a 5780.00 foot radius curve to the left having a central angle of 04.56'19" and subtending a chord bearing S 52*40154" E 501.40 feet along said Southwesterly right-of-way line to a point on the East line of Lot 5 of said Section 11; thence S 00'46'18" E 912.80 feet along said East line of Lot 5 to the 5 Southeast corner of Lot 5; thence N 90'00'00" W 1225.63 feet along the South line of said Lot 5 and Lot 1 to the Southeast corner of a tract of Land described in Book 264 et Pugn 997 of the records of the Clerk and Recorder of Pitkin 1 County, Colorado; thence along the East boundary of said tract described in Book 264 at; Page 997 the following seven (7) courses: 1) thence N 27'47103' E 50.89 feet; z, f 2) thence N 47,00140" W 49.01 feet; 3) thence N 17'53107' W 81.02 feet; - 4) thence N 44*12111' E 73.99 feet; 5) thence N 29'55154" W 124.00 feet; - 6) thence N 54'14102" W 47.00 feet; T 7) thence N 33'D4118" W 2.32 feet to the point of beginning. "b EXCEPTING THEREFROM: A tract of land situated in Sections 10 and 11, Township 10 South, Range 85 West of the 6th P.H., being more fully described as follows: Beginning at a point on the West line of said Section 11 whence the West 1/4 corner of said Section 11 bears S 00*32110' E 1672.45 feet; R1 thence S 89 '56'10' W 6.05 feet; thence N 27'47'03" E 50.09 feet; vk� thence N 47*00140" W 49.01 feet; thence N 17'53'07" W 81.02 feet; thence N 44'21111' E 73.99 feet; thence N 29'55'54' W 124.00 feet; 0 art •360002 08/13/93 15,54 Rec 1.00 BK e2l P8 257 Silvia Davis, Pitkin Cnty Clerk, Doc e.00 thence N 54.14.02' N 47.08 feet; thence N 33'04118' N 2.32 feet] thence N 46'05143' 9 537.75 feet; thence 8 37.45'00' E 734.52 feet; thence $ 20*30.16" 9 40.00 feet; thence 8 70*54016" N 227.93 fost; thence N 45.58100" N 339.24 feet; thence 8 55.5:'00' N 54.70 feet; thence 8 26.04100' N 267.30 feet; thence 8 89.58110' N 116.23 feet to the point of beginning. COUNTT OP PITKIN, STh t;6 COLORADO. i rr,v . EXHIBIT or h1 I Ifll �r ea.nt e4i eteano ea.IeIeIIaI IN.eIeI I V111111111111 �Itcoun CLERK xx e44 Cw0ORDINANE NO(SERIES OF 1996) AN ORDINANCE OF TIDE ASPEN CITY COUNCIL, GRANTING A REZONING FOR THE MAROON CREEK SUBDIVISION IN CONJUNCTION WITH ANNEXATION INTO THE CITY OF ASPEN WHEREAS, pursuant to Section 26.92.020 of the Aspen Municipal Code the applicant, the City of Aspen, has submitted a request for a map amendment to rezone the Maroon Creek Club subdivision, two Pfister parcels, and the water tank parcel in conjunction with annexation into the City of Aspen; and WHEREAS, through the development approvals of the Maroon Creek Club subdivision the developer agreed to annex into the City of Aspen; WHEREAS, it is the obligation of the City of Aspen, under the Water Service Agreement, to not divest or diminish the land use approvals or development rights awarded by Pitkin County for the project in their entirety and has therefore maintained all existing County approvals, findings, written interpretations and amendments for the subdivision granted prior to the annexation agreement; and WHEREAS, to further clarify the approvals and the intent of the Water Service Agreement and the Annexation Agreement, Exhibit A defines the following definitions of the Pitkin County Land Use Code that shall be utilized for purposes of determining height, bulk, and setbacks within the PUD: Accessory Structures Basement Building Height Floor Area (FAR) Setback Structure Yard Yard, front, side and rear WHEREAS, a duly noticed public hearing was held by the Aspen Panning and Zoning Commission on October 22,1996 to consider the application for a map amendment and forwarded a unanimous recommendation of approval to the Aspen City Council; and WHEREAS, the Aspen City Council having considered the Commission's recommendation for a map amendment at a public hearing on November 25, #Mt�ININ /Ms/ T U1MM oR IM M 7 0 e." It •.N FIrAIN MUM CLERIC �J • I (loll I11N lilill 1111111111111111 IN III I INI 1�1 1111 403224 94/88/1917 04:9V ORDINRl10E 2 of 4 R 21.00 D 9.00 N 0.00 PITKIN COUNTY CLERK 1996, and finds that the proposed rezoning of the Maroon Creek Club subdivision is consistent with the requirements of the Municipal Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: That it does hereby grant rezoning of the Maroon Creek Club Subdivision, the Pfister outparcel, the former ARU Facility outparcel, and the water tank parcel as follows: Former ARU Facility Outparcel RR Pfister Outparcel RR Water Tank Parcel C PUD Overlay on all lettered and numbered parcels t # Proppstd City Zoning 1-5 RR 6 -12 R-15A 13 AH 14 C 15 C 16 RR 17 RMF-A 18 RMF-A 19 - 40 R-15A 41-45 RR 46 - 48 R-15A 49 C 50 RMF-A 51 P/SPA 52 AH A-C P E-G OS H-K WP L-N OS P-S WP T - U OS Section 2: The Official Zone District Map for the City of Aspen, Colorado, shall be and is hereby amended to reflect those rezoning actions as set forth in Section 1 above and such amendments shall be promptly entered on the Official Map in accordance with Section 26.28.30.15 of the Municipal Code. 1111111Ii1111111111111111111111119111111111111 N11It 40442E 05/15/1097 10:50N ORD1"q= 2 of 14 R 71.00 D e.ee N 0.00 PITKIN COUNTY CLEM • • 1 Rol1IIIlllUlllllIllell Illl1lull11111Ill IIII 403224 04/es/1"? 04s0y gnija 'ICE 3 of 4 R 21.00 D 0.00 N 0.00 FITKIN COUNTY CLERK Section 3: That the City Clerk be and hereby is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 4: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect the validity of the remaining portions thereof. Section 5• This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 6• A public hearing on the Ordinance shall be held on the day of November 25, 1996 at 5:00pm in the City Council Chambers, Aspen City Hall, fifteen (15) days prior to which hearing a public notice of the same shall be published one in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provi d by law, by the City Council of'the City of Aspen on the _ S�_ day of 1996. `,t,l Oi ,I John Pennett, Mayor ATTEST. ,EBA. is och, City Clerk FINALLY, adapted, passed and approved this day 1946. of 11111111111111111110 Ili 1111111111111111 IIIN 19 IIII 1 428 00/15/10i7 1015SR ORDIWQt 3 aI 14 R 71,90 O 0,00 N 0.00 tITKIN COUNTY CLERK I11111111111 HIM IN 1111111111111111111111111111IN 403221 04/16/1097 04:02T ORDINANCE 4 of 4 R 21.00 D 0.00 N E.00 PITKIN COUNTY CLERK John 13ennett, Mayor Zy OF 4S� L ' r. l'�IRr och, City Clerk 111111111111111111111111111111111118111111111 Ell IN 404420 e7/15/1007 1615W ORDINiWCE 4 of 14 R 71.00 D 0.00 N 0.00 PITKIN CWItfTY CLERK ACCESSORY USE or ACCESSORY STRUCTURE means a use or structure that is naturally and normally incidental to, subordinate to, and devoted primarily to the principal use or suucaue of the premises: does not change the basic character of the premises, as determined by its principal use or sttucca e: is subordinate in area, extent and purpose to the principal use or savcatte served. contributes to the comfort, convenience or necessity of the occupants of the principal use or structure served. and is located on the same lot or contiguous lots under the same ownership as the principal use or suucuue. In no event shall an accessory use be construed to authorize a use not otherwise permitted in the zone district in which the principal use is located. and in no event shall an accessary use or structure be established prior to the principal use or structure to which it is accessory. Accessory buildings or structures she not be provided with kitchen or bath facilities sufficient to render them suitable for permanent residential occupation. BASEMENT means that portion of a structure frfry percent (50%) or more of which is below amiral g fade. triune: BUILDING HEIGHT means the maximum distance allowed, based on the following On Pitched Roofs: 1) There shall be no mid -point of a roof which exceeds the prescribed height above existing grade, whichever is lower. The mid -point of the roof shall be defined as that point which haifway between the top of the ridge, and the eave-point. The rave -point is that point in the roof plane which is directly above the outside of the wall below. In the ease of a covered deck or patio, the cave -point shall be that point which is directly above the outside face of the structure, or three feet (3) in from the edge of the roof, whichever is more restrictive. 2) There shall be no point of any ridge or other roof peak, which exceeds the prescribed height above the existing or finished grade, whichever is lower, by more than five feet (5�. 3) These shall be no rave -point which exceeds the prescribed height above existing or finished grade, whichever is lower. Exception to this is if the ridge lines which extend to the outside face of i building to form a gabled end will be pemtitted, to the extent that they conform to (2) above. b. On Flat Roofs: There shall be no point of a flat roof which exceeds the prescribed height above the existing or finished grade, whichever is lower. All roofs within a multi -roof building shall conform to these standards. I llllll Illlllllltl IIIII �I IIIIIII IIIIII ill Illll IIII (Ill 40442� es/16/ifD7 10:5W ORDIMMM 'S of 14 R 71.00 D 0.00 N 0.00 PITKIN COIRITT t;t.Eltlt d. All measurements shall be made vertically; i.e., that each point of a roof shall be measured to the point of grade which is directly below it — vertical and plumb. Roof points which axe not at the exterior of the building will be measured against existing grade only. C. Antennae, chimneys, flues, vents, and similar Structures shall not exceed the prescribed height limit by more than ten feet (101. f. Water towers, mechaaica► equipment, solar equipment, and similar equipment shall not exceed the prescribed height limit by more than three feet (T). g. In no event shall any structure, including antennae, chimneys, flues, vents, water towers, mechanical equipment, solar equipment, and similar stnrctures exceed thirty-eight feet (38') above existing or finished grade, whichever is lower. h. For the purpose of treasuring building height, any individual building component that is located within twenty (20) feet (as measured from any point from outside wall to outside wall) of the principal structure shall be considered a part of the principal structure. FLOOR AREA means the stint Of the gross horizontal surfaces of each floor of a building or structure. In calculating floor area, the following rules apply: a. General: In measuring floor area. all dimensions shall be taken from Lqc outside face of framing or other primary wall members or from the center line of walls separating adjoining units of a building or portion thereof. Veneer facades up to eight inches in thickness shall be excluded from the calcuulatian of floor area; that portion of a facade which exceeds eight inches shall be included. FirepJaccs, elevators, stairs and similar features are included in the floor area on each floor. b. Roof overhangs and decks: Theare floor a of a building, or portion thcrtof, no: provided with surrounding exterior walls shall include the area under the horizontal projection of roofs or floors, when the roof or floor exceeds flve (5) feet These architectural projections are exempt for five (5) feet of the perimeter of each story of the structure. Architectural projections may project up to ten (10) feet and still be exempt, so long as the total perimeter space for a floor is less than or equal to the total area allowed for the five (5) foot exemption. This exemption cannot be used to transfer space between floors. C. Decks, balconies, stairways and similar features: Structures that exceed thirty (30) inches above nantral or finished grade, and that are not coveted by a roof or architectural projection from a building, are exempt from floor area for up to fifteen percent (15%) of the maximum floor area allowed. Any areas in excess of fifteen percent (15%) shall be counted toward floor area. lt�i! IN HIM IIIII III IIII1 IIIII III IIIII IIII IN 40442� 00/19/t"7 10:561% ORDINAKCE 0 of 14 R 71.00 D 0.00 N 0.0e PIMN Ct1MY CLEM d. Spaces below natural grade for principal single family and duplex residences: Spaces below natural grade, up to a maximum of twenty (20) feet in depth and which include no more than a single story, a=e exempt from floor area calculation up to a maximitm of 4,000 square feet of floor area Floor area below nantml grade which exceeds the 4,000 square foot exemption provided herein shall count toward the calculation of allowable floor artx If any part of the below grade space is exposed above natural grade (such as walk -out basements, walls or courts) the entire below grade area shall be included in the floor area calculation; except that window wells and one egress arts as requited by the Uniform Building Code may be provided without affecting this exemption. The foundation wall or footing may be exposed to the minimum degree required to comply with the Uniform Building Code pertaining to foundation design without affecting this exemption. Up to ten (10) percent of any particular below grade wall surface may extend above natural grade and still be exempt from the calculation of floor area so long as the finished grade covers the surface that would otherwise be exposed. Garages up to seven hundred fifty (750) square feet maybe incorporated into below grade space and shall not affect this exemption so long as the only sections of building so exposed are directly related to the garage structure. C. Garages and carports: For the purpose of calculating floor area ratio and allowable floor area for a lot where the principal use is a single family residence, garage and carport floor area shall be exempted up to a maximum of seven hundred fifty (750) square feet. On a lot which contains a duplex, garage and carport floor area shall be exempted up to a maximum of five hundred (500) square feet per side. All garage or carport space in excess of the exempted areas shall be included as part of the residential floor area calculation. When a single family or duplex dwelling exceeds the allowed floor area, the exempt garage space shall be reduced by - subtracting the excess floor area from the exempt garage space. f. Crawl space: Crawl spaces shall be exempt from the calculation of floor area. even if exposed above natural grade, so long as the height of the crawl space does not exceed five feet six inches (5'6"). g. Attic space: That portion of anic space where the distance between the floor and ceiling exceeds five feet six inches (5'6") in height shall count as floor area. h. AR-1 Zone District: For the purpose of calculating floor area ratios for non- residential structures in the AR-1 Zone District, subgtade space shall be excluded from the floor area calculations when such subgrade space is accessory to and subordinate to the principal use of the building and used for subordinate, secondary purposes. Such exempted subgrade space shall include areas used for mechanical, electrical or beating facilities; utility space; parking garages; required employee housing units meeting Uniform Building Code requirements for subgrade space; kitchens and employee recreation rooms; meeting rooms, auditorium, banquet rooms, convention space, banquet preparation llllll lllll llllll IIIII 1111121111111111111111 Jill Jill 40412e 89/ib/10i7 10-5M ORDINANCE 7 or 1/ R 71.00 D 0.00 N 0.00 PtTKIN COUNTY CLERK and kitchen area; recreational amenities including but not limited to pools, health dubs, exercise too—, neamrooms, saunas, massagc rooms, showers; linen storage to=, maid service arras, laundries; guest storage; storage for condominium unit own=. ski lockers; loading and unloading docks, service elevators, a -ash storage, maintenance area and storage; and eircalatfon corridors and elevator areas for the foregoing. All other uses located subgrads may be exempted from floor area calculations upon the special review recommendations of the Planning and Zoning Commission and approval of the Board if they find the use to be accessory and subordinate to the principal use. Review criteria to be used in detEnMM rag if a use is accessory and suborchnue to the principal use are as follows: 1) potential impacugenerated by the use; 2) the amount of floor area involved, including the amount of space above grade to be trade available for the principal use if the space is exempted; 3) consideration of whether the use will be used primarily by occupants or residents of the project or other persons in the community. Above grade balconies and decks constructed in the AR -I Zone District, including chose covered by a roof or floor above, shall be excluded from floor area calculations when the area of such balconies and decks is less than or equal to fifteen percent (15%) of the allowed floor area; all area of above grade decks and balconies over fifteen percent (15%) of the allowed floor area shall be included in the floor area. SETBACK means an open spade it Vade between a structure and the property line of the lot on which the structure is located. The setback shall be unoccupied and unobstructed from the ground upward, except for fences or as otherwise provided in this chapter. In measuring a setback. the horizontal distance between the lot line and the closest projection of the principal or accessory building shall be used STRUCTURE means anything constructed, installed, or portable, which requires Iocation on the ground. It includes yurts and tepees and movable buildings which can be used for housing, business, commercial. agricultural, or office purposes, either temporarily or permanently. "Structure" also includes roads, walkways, paths, fences, swimming pools, tennis courts, signs, sheds, and other accessory construction. 'Sauctures" do not include fenees or walls used as fences less than six feet (6) in height; poles, lines, cables, or other transmission or distribution facilities of public utilities; bus shelters less than 200 square feet in size. YARD means an open space which is unoccupied and unobstructed from the ground skyward, except as otherwise provided below: I IIIIII 11111 Hill 1111111111111111111111111111111 IN IN 4td4120 15/15/1997 10158A ORSimpleE e •i 14 R 71,00 0 e.06 N 5.w pITKIN CoMy CLEM a Projections into requited yards. yatdt ste0 be unobstructed from the ground to the sky except for the following: i) Uncovered porches, slabs. patios. terraces. walk:, steps, retaining walls and similar structures, which do Dot exceed thirty inches (30") above or below nanual grade — No restriction; 2) Fences, hedges, berms and walls less than six feet (6) in height ate permitted within yard setbacks, except on comer lots where no fence, tetainutg wall, hedge, berm, or similar obstructiou shall be erected or maintained which obstructs traffic vision: nor on corner lots shalt any fence, retaittiog wall, hedge. berm. or similar structure be erected or maintained which exceeds a height of forty-two inches (42") measured from street grade within twenty feet (20� of the comer. YARD, FRONT means a yard extending the fall width of the Iot, the depth of which is _ measured as the least horizontal distance between any point on the front lot line and point of the structure or use (such distance being referred to as the "6vnt yard setback"). YARD, REAR means a yard extending the full width of the lot, the depth of which is measured as the least horizontal distance between any point on the tear lot line and point of the structure or use (such distance being referred to as the "rear yard setback"). In the event of a triangular lot, the owner shall designate one line as the side and one as the rear lot line. ` YARD, SIDE means a yard extending the length of the ]cc between the front and rear vard setbacks (or lot line in the absense of yard requirements), the width of which is measured as the least horizontal distance between any point of the structure or use (such distance being referred to as the "side yard setback"). In the event of a triangular lot, the owner shall designate one line as the side and the other as the tear lot line. (Ord. 95-6 §§ 8, 11.13, 1995; Ord. 9416 § 14) I IIIIII IIIII Ila 1111111111111111111111111 HIM IIII II11 JISM2e eeiisiiar tetert tnminaMtx 9 of SI R 71-M o e.ee N e.ee PITKIN COUNTY CLERK : . ° & _, ;� _ �! ■ }_ ■ • Ik � } �. ; ; ) u; u| ]§ - � ! - cc !\ Iti | � � -4 7 .5 \! 2 �} � � � . \ � � - ` ■ % i � k ! - % - ■ - ®. ° - ) ■ 2 § � § ; ;. ' � § b = _ _ _ = 2 k ■ � � Exhibit A 0 0 � ! § . } b « ■ ■ ■ ■ J| §k in— � < 2 2 \ a4 �)isi . •�� i = | ' t=} \ &■■ | §_ — §22 — I }i7 } ! to ».; CIO y` R ZI� �!�{� < <'< <;< oc I u1u _mo .+Q _u 00 N01 Sc GIL .Z IGq U Y' OEO OC O OI u ^ pi ulY�� ZICU � n r w = in j= iii 4 ! T ! for — Iv; c. rl �— m $ ` � b m I G h I.an Wo p v1 G E tow Y u I w V C • • (l /f I le to r 8 �8 c o Map A + rrlarr/ro + Morgan Crook zomine Ar-SKI Art-10 Art- 2 r tra rur R.r0 T:. Ia F .''ice:.,: •�' `—�! �.� n EXHI0 r, BIT G CONFIDENTIAL MEMORANDUM TO: Bill Lukes, Maroon Creek Club Homeowners' Association FROM: Sarah Oates, City of Aspen Zoning Officer S� CC: File DATE: December 3, 2004 SUBJECT: Garage FAR Exemptions for Maroon Creek Club The City of Aspen grants a 500 square foot garage exemption for the single-family lots at Maroon Creek Club that are permitted 5500 and 6000 square feet of FAR per the Subdivision Improvements Agreement (SIA) for the Maroon Creek Club (i.e. Maroon Creek Club Development Corporation). As part of the SIA for the subdivision, these lots were entitled.to a 500 square foot garage exemption if allocated from MCDC from the townhouse FAR (see 2(a)(i)(D) of the SIA). Neither the City of Aspen nor Pitkin County has records of the townhouse FAR so it is unknown if any is available. Based on the SIA language and a plat note recognizing a 500 square foot garage exemption staff has consistently granted the smaller lots with smaller FARs at 500 square foot exemption. The lots with an allowable FAR of 10,000 square feet are not entitled to a garage exemption. • • EXHIBIT © BendonAdams February 2, 2016 Ms. Jennifer Phelan, AICP Community Development Director APR City of Aspen ' , � ZOjs 130 So. Galena St. f. t. Aspen, Colorado 81611 `''1�'' • •; ;'. ,t?rN r,e 'NT RE: Lot 43, Maroon Creek Club, a.k.a. 651 Pfister Drive; Aspen, CO. Ms. Phelan: Please accept this letter authorizing BendonAdams, LLC, to represent our ownership interests in Maroon Creek Club Lot 43 and act on our behalf on matters reasonably associated in securing land use approvals for the property. If there are any questions about the foregoing or if I can assist, please do not hesitate to call. nd Regards, Jackson 43 nn s ves meI C/O Bob B wdeh 625 E Main -Street Suite 1 Aspen, CO 81611 970.379.6476 300 SO SPRING ST 1 202 1 ASPEN, CO 81611 970.925.2855 1 BENDONADAMS.COM • • Jackson 43 Investments, LLC, a Colorado limited liability company 210 E. Capitol Street Suite 1210 Jackson, MS 39201 Ikr • stewart title Priscilla Prohl-Cooper February 10, 2016 Jackson 43 Investments, LLC, a Colorado limited liability company File No: 01330-68871 Property Address: 651 Pfister Drive, Aspen, CO 81611 Dear Customer: Stewart Title - Aspen 620 East Hopkins Ave Aspen, CO 81611 (970)925-3577 Phone (866)277-9353 Fax pprohl@stewart.com Congratulations on your recent real estate purchase. Enclosed is your Owner's Title Policy. The policy premium was paid for by the Seller at the time of closing, so there are no monies due from you in this regard. Please review and retain your policy with your other valuable records. We have a permanent file regarding your property and can offer expedient and cost efficient service with your future transactions. In the event you decide to sell or refinance your property in the future, please contact us for special discounts and faster service. You may access all your closing documents through the Internet on SureClose by visiting www.stewartcolorado.com. You may contact your local Escrow Officer for login and password information. Sincerely, Stewart Title - Aspen If you want information about coverage or need assistance to resolve complaints, please call our toll free number: 1-800-729-1902. If you make a claim under your policy, you must furnish written notice in accordance with Section 3 of the Conditions. Visit our World -Wide Web site at htto.//www.stewart.com. ALTA Owner's Policy (6/17/06) OWNER'S POLICY OF TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY COMPANY Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS, STEWART TITLE GUARANTY COMPANY, a Texas corporation, (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law, (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not property filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized bylaw, or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. Countersigned by: e7v-2"ro M, Stewart Title 97 Main Street, Suite W201 Edwards, CO 81632 Agent ID: 06011A stewart title guaranty company LEG (/49 r 9s=t �• �pPPOq�� ':yam' �'^'•, 1908 st TFX ASre Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association, File No. 01330-68871 Page 1 of Policy Serial No.: 0-9301-003141698 Matt Morris President and CEO Denise C rraux Secretary AMt RICAN LAND f1U1 A%%tW IAT ION 0 COVERED RISKS (Continued) • Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely; or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of policy, and the Company will not pay loss or damage, costs, attor fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (inclu those relating to building and zoning) restricting, regula prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improve erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governm regulations. This Exclusion 1(a) does not modify or limit the cove provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Ins Claimant; H this (b) not Known to the Company, not recorded in the Public Records eys' at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant ding prior to the date the Insured Claimant became an Insured under ting, this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this ment does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. ental 4. Any claim, by reason of the operation of federal bankruptcy, state rage insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is not (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk limit 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of ured Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. CONDITIONS DEFINITION OF TERMS The following terms when used in this policy mean: (a) "Amount of Insurance": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b), or decreased by Sections 10 and 11 of these Conditions. (b) "Date of Policy": The date designated as "Date of Policy" in Schedule A. (c) "Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity. (d) "Insured": The Insured named in Schedule A. (i) the term "Insured" also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin, (B) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1) if the stock, shares, memberships, or other equity interests of the grantee are wholly -owned by the named Insured. (2) if the grantee wholly owns the named Insured. (3) if the grantee is wholly -owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly -owned by the same person or Entity, or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) with regard to (A), (B), (C), and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Claimant": An Insured claiming loss or damage. (f) "Knowledge" or "Known": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g) "Land": The land described in Schedule A, and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage": Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law. (i) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. (j) "Title": The estate or interest described in Schedule A. (k) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-68871 Page 2 of Policy Serial No.: 0-9301-003141698 A Mt RICAN tAN1111111 ASSOCIATION • CONDITIONS (Continued) • 2. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; (ii) to pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. A M r RI c AN All other uses are prohibited. Reprinted under license from the American Land Title Association. i. A%11 11111 A51(l .1110S File No. 01330-68871 Page 3 of Policy Serial No.: 0-9301-003141698 ` ` • CONDITIONS (Continued) 10. 11. 12. 13. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance; or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured, (i) the Amount of Insurance shall be increased by 10%, and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attomeys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured. All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. 16. SEVERABILITY In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at Claims Department at P.O. Box 2029, Houston, TX 77252-2029. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-68871 Page 4 of Policy Serial No.: 0-9301-003141698 AMLRICAN LAND III It ASSOCIATION ALTA OWNER'S POLICY (6/17/06) L SCHEDULE A Name and Address of Stewart Title Guaranty Company Title Insurance Company: P.O. Box 2029, Houston, TX 77252 File No.: 01330-68871 Policy No.: 0-9301-003141698 Address Reference: 651 Pfister Drive, Aspen, CO 81611 (For Company Reference Purposes Only) Amount of Insurance: $3,900,000.00 Date of Policy: December 29, 2015 at 3:25 pm 1. Name of Insured: Jackson 43 Investments, LLC, a Colorado limited liability company 2. The estate or interest in the Land that is insured by this policy is: Fee Simple 3. Title is vested in: Jackson 43 Investments, LLC, a Colorado limited liability company 4. The Land referred to in this policy is described as follows: Lot 43, MAROON CREEK CLUB as shown on the Final Subdivision Plat and PUD for Maroon Creek Club recorded November 15, 1993 in Plat Book 33 at Page 4 COUNTY OF PITKIN, STATE OF COLORADO. Premium: $3,436.00 Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. —e a rL •w All other uses are prohibited. Reprinted under license from the American Land Title Association. 9"I""1 1 r File No. 01330-68871 Page 1 of 1 STEWART TITLE CO STG ALTA Owner's Policy Sch A STCO GUARANTY COMPANY ALTA OWNER'S POLICY (6/17/06) SCHEDULE B File No.: 01330-68871 Policy No.: 0-9301-003141698 EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the Land and not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) Minerals of whatsoever kind, subsurface and surface substances, in, on, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records or listed in Schedule B. 6. Water rights, claims or title to water. 7. All taxes for 2016 and subsequent years, which are a lien not yet payable. 8. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded August 26, 1911 in Book 55 at Page 189 and in Book 55 at Page 191 10. Right of Way for ditches and canals as reserved in United States Patent recorded September 13, 1934 in Book 162 at Page 400. 11. Master Declaration of Protective Covenants for Maroon Creek Club as set forth in instrument recorded December 2, 1993 in Book 733 at Page 598 as Reception No. 364075, and Assignment and Designation of Successor Declarant for Maroon Creek Club recorded May 11, 1994 in Book 750 at Page 242 as Reception No. 369936 and First Amendment to Master Declaration of Protective Covenants for Maroon Creek Club recorded February 17, 1994 in Book 742 at Page 83 as Reception No. 367049 and Second Amendment to Master Declaration of Protective Covenants for Maroon Creek Club recorded June 8, 1994 in Book 752 at Page 754 as Reception No. 370864 and Amended and Restated Third Amendment to Master Declaration of Protective Covenants for Maroon Creek Club recorded July 26, 1994 in Book 756 at Page 597 as Reception No. 372475 and Fourth Amendment to Master Declaration of Protective Covenants for Maroon Creek Club recorded September 12, 1996 as Reception No. 396947. 12. Subdivision Improvement Agreement for Maroon Creek Club (formerly Pfister Ranch/Golf) recorded November 12, 1993 in Book 730 at Page 606 as Reception No. 363236, and Insubstantial P.U.D. Amendment recorded December 19, 1996 as Reception No. 400129 and Amendment recorded March 10, 2000 as Reception No. 441279. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-68871 Page 1 of 3 STEWART TITLE CO STG ALTA Owner's Policy Sch B SE GUARANTY COMPANY • ALTA OWN ER'S POLICY (6/17106) SCHEDULE B 13. All matters as shown and contained on Plat of Maroon Creek Club recorded November 15, 1993 in Plat Book 33 at Page 4 as Reception No. 363275 and Amended Sheet 2 recorded March 31, 1994 in Plat Book 34 at Page 23 as Reception No. 368436. and Assignment of Final Subdivision Plat and PUD for Maroon Creek Club recorded February 17, 1994 in Book 742 at Page 117 as Reception No. 367059, and Assignment of Final Subdivision Plat and PUD for Maroon Creek Club recorded February 17, 1994 in Book 742 at Page 121 as Reception No. 367060 and the Amended Plat Lot 48, Maroon Creek Subdivision and PUD recorded August 24, 2000 in Book 54 at Page 39 as Reception No. 446351. 14. Resolution of the Board of County Commissioners of Pitkin County, Colorado Granting Final Approval for Maroon Creek Club (Previously Pfister Ranch/Golf), Resolution No. 93-104 recorded August 13, 1993 in Book 721 at Page 245 as Reception No. 360002, and Resolution of the Board of County Commissioners of Pitkin County, Colorado, Granting a Minor Amendment to a Development Permit to the Maroon Creek Club Limited Liability Corporation, Resolution No. 95-72 recorded May 2, 1995 in Book 779 at Page 849 as Reception No. 380961, Resolution of the Board of County Commissioners of Pitkin County, Colorado Granting Approval of the Maroon Creek Club Special Review, 1041 Hazard Review GMQS Exemption, and Subdivision Exemption for the Maroon Creek Club/Eagle Pines Water Tank and Pump Station, Resolution No. 95-95 recorded June 1, 1995 in Book 782 at Page 453 as Reception No. 381834, and Resolution of the Pitkin County Board of County Commissioners Defining the Method of Floor Area Calculation for the Maroon Creek Development and Amending Resolution No. 93-104, Resolution No. 95-128 recorded August 28, 1995 in Book 791 at Page 821 as Reception No. 384763 and Resolution No. 31, Series of 2002 recorded December 12, 2002 as Reception No. 475979 15. Dedication Agreement for Roads as set forth in instrument recorded November 12, 1993 in Book 730 at Page 662 as Reception No. 363240. 16. Grant of Easement Agreement (Avigation Easement) by and between Pearce Equities Group II Limited Liability Company, a Utah limited liability company, and Pitkin County Colorado recorded November 12, 1993 in Book 730 at Page 690 as Reception No. 363242. 17. Water Service Agreement recorded November 15, 1993 in Book 730 at Page 797 as Reception No. 363258, and Assignment and Assumption of Water Lease Agreement recorded November 15, 1993 in Book 730 at Page 865 as Reception No. 363259, and Assignment and Assumption Agreement recorded January 7, 1994 in Book 737 at Page 899 as Reception No. 365464 and Amended Assignment and Assumption Agreement recorded April 11, 1994 in Book 747 at Page 191 as Reception No. 368825 and First Amendment recorded October 17, 1997 as Reception No. 409559. 18. Ordinance No. 34 (Series of 1996), An Ordinance of the City Council of the City of Aspen, Colorado Approving the Annexation of Certain Territory to the City of Aspen, Colorado to be known and designated as ""Maroon Creek Club Subdivision (South) Property"" Annexation recorded February 21, 1997 as Reception No. 401985; Ordinance No. 33 (Series of 1996), An Ordinance of the City Council of the City of Colorado, Approving the Annexation of Certain Territory to the City of Aspen, Colorado, to be known and designated as the ""Maroon Creek Club Subdivision (North) Property.... Annexation recorded February 21, 1997 as Reception No. 401986; Ordinance No. 40 (Series of 1996) An Ordinance of the Aspen City Council Granting a Rezoning for the Maroon Creek Subdivision in Conjunction with Annexation into the City of Aspen recorded April 8, 1997 as Reception No. 403224, and re -recorded as Reception No. 404428, and Ordinance No. 16 (Series of 1997) recorded June 23, 1997 as Reception No. 405615. 19. Conditions and restrictions as set forth on the Maroon Creek Club Annexation plats recorded February 6, 1997 in Plat Book 41 at Page 76 as Reception No. 401571, and in Plat Book 41 at Page 77 as Reception No. 401572. 20. Road Easement Agreement as set forth in instrument recorded November 15, 1993 in Book 730 at Page 938 as Reception No. 363262; Road Maintenance Agreement rerecorded November 12, 1993 in Book 730 at Page 739 as Reception No. 363249 Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-68871 Page 2 of 3 STEWART TITLE CO STG ALTA Owner's Policy Sch B SE GUARANTY COMPANY �' ALTA OWNER'S POLICY (6/17/06) SCHEDULE B 21. Access Easement Agreement recorded November 12, 1993 in Book 730 at Page 774 as Reception No. 363255 and Assignment of Road Maintenance Agreements Related to Maroon Creek Club recorded September 3, 1996 as Reception No. 396644. 22. Trench, Conduit, and Vault Agreement as set forth in instrument recorded July 11, 1994 in Book 755 at Page 55 as Reception No. 371946. 23. Easement Agreement recorded September 22, 1999 as Reception No. 435796. 24. Orders recorded December 7, 1998 as Reception No. 425224 and February 22, 1999 as Reception No. 427970 and May 10, 1999 as Reception No. 430872. 25. Agreement regarding Maroon Creek Club Roads and Common Area recorded September 22, 1999 as Reception No. 435797. 26. Grant of Easement to Comcast of Colorado/Florida recorded November 3, 2008 as Reception No. 553987 . 27. Development Order of City of Aspen Community Development Department recorded January 7, 2011 as Reception No. 576600 28. Notice of Approval recorded February 29, 2012 as Reception No. 587075. 29. Ordinance No. 26, Series of 2014 recorded October 23, 2014 as Reception No. 614783. 30. Any rights, easements, interests or claims that may exist by reason of or reflected by the following facts shown on the survey dated October 7, 2015 by Tuttle Surveying Services: 5 Foot Rock Lined Ditch located on subject property and extending onto Lot 42 31. Deed of Trust executed by Jackson 43 Investments, LLC, a Colorado limited liability company to the Public Trustee of Pitkin County, dated December 29, 2015, in the principal amount of $11,500,000.00, payable to ANB Bank and recorded December 29, 2015 as Reception No. 625975. 32. Disburser's Notice recorded December 29, 2015 as Reception No. 625976. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-68871 Page 3 of 3 STEWART TITLE CO STG ALTA Owner's Policy Sch B SF GUARANTY COMPANY • File No.: 01330-68871 Anti -Fraud Statement CRS 10-1-128 "It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies." STG Privacy Notice Stewart Title Companies WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and its title affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm -Leach -Bliley Act (GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business —to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers' personal information; the reasons that we choose to share; and whether you can limit this sharing. Reasons we can share your personal information. Do we share Can you limit this sharing? For our everyday business purposes— to process your transactions and maintain your account. This may include running the Yes No business and managing customer accounts, such as processing transactions, mailing, and auditing services, and responding to court orders and legal investigations. For our marketing purposes— to offer our products and services to Yes No you. For joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes— information about your transactions and experiences. Affiliates are companies related by common ownership or control. They can be financial and Yes No non -financial companies. Our affiliates may include companies with a Stewart name, financial companies, such as Stewart Title Company For our affiliates' everyday business purposes— information No We don't share about your creditworthiness. For our affiliates to market to you — For your convenience, Yes Yes, send your first and last name, the email Stewart has developed a means for you to opt out from its affiliates address used in your transaction, your marketing even though such mechanism is not legally required. Stewart file number and the Stewart office location that is handling your transaction by email to optout@stewart.com or fax to 1-800-335-9591. For non -affiliates to market to you. Non -affiliates are companies No We don't share not related by common ownership or control. They can be financial and non -financial companies. We may disclose your personal information to our affiliates or to non -affiliates as permitted by law. If you request a transaction with a non -affiliate, such as a third party insurance company, we will disclose your personal information to that non -affiliate. [We do not control their subsequent use of information, and suggest you refer to their privacy notices.] SHARING PRACTICES How often do the Stewart Title Companies notify me We must notify you about our sharing practices when you request a about their practices? transaction. How do the Stewart Title Companies protect my To protect your personal information from unauthorized access and use, we personal information? use security measures that comply with federal law. These measures include computer, file, and building safeguards. How do the Stewart Title Companies collect my We collect your personal information, for example, when you personal information? ■ request insurance -related services ■ provide such information to us We also collect your personal information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other companies. What sharing can I limit? Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances, we do not share your personal information in those instances. Contact us: If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company, 1980 Post Oak Blvd., Privacy Officer, Houston, Texas 77056 File No.: 01330-68871 Page 1 Revised 11-19-2013 CO STG Endorsement 110.1 Deletion of E)Oon ALTA Owner • File No.: 01330-68871 ENDORSEMENT ATTACHED TO AND MADE A PART OF POLICY OF TITLE INSURANCE SERIAL NUMBER 0-9301-003141698 Issued by STEWART TITLE GUARANTY COMPANY Said Policy is hereby amended by deleting Exceptions 1-5, of Schedule B. Charge: $65.00 This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof. Signed under seal for the Company, but this endorsement is to be valid only when it bears an authorized countersignature. Countersigned by: Stewart Title 97 Main Street, Suite W201 Edwards, CO 81632 Agent ID: 06011A Endorsement Serial No. stewart title guaranty company 1�M1 G(j �4 •' 'T't0,4 �. 1908 dI „rExAS .,�"� E-9851-087527855 Matt Morris President and CEO Denise C rraux Secretary File No. 01330-68871 Page 1 of 1 STG CLTA Form 110.1 Deletion of Exception ALTA Owner STG Patent Endorsement 1 ENDORSEMENT ATTACHED TO POLICY NUMBER 0-9301-003141698 ISSUED BY STEWART TITLE GUARANTY COMPANY File No.: 01330-68871 Charge: $100.00 The provisions of said policy are hereby modified and amended as of the date hereof as to the following matters and none other: The Company hereby insures the Insured against loss or damage, other than from claim(s) of unmarketability, by reason of the exercise of the following reservations contained in the Patent to said land as to Parcel n/a. The right to ditches and reservoirs used in connection with such water rights as may be recognized and acknowledged by the local customs, laws and decisions of courts, and also subject to the right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as provided by law, and there is reserved from the lands hereby granted, a right of way thereon for ditches or canals constructed by the authority of the United States of America, recorded in Exceptions 9 and 10 on Schedule B herein. The total liability of the Company under this policy and any endorsements therein shall, not exceed, in the aggregate, the face amount of said policy and costs which the Company is obligated under the Conditions and Stipulations hereof to pay. This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof. Signed under seal for the Company, but this endorsement is to be valid only when it bears an authorized countersignature. Countersigned by: stewart title guaranty company A "nmd Counte5imaturc Stewart Title 97 Main Street, Suite W201 Edwards, CO 81632 Agent ID: 06011A Endorsement Serial No. E-9688-012706581 Matt Morris President and CEO Denise C rraux Secretary Page 1 of 1 File No. 01330-68871 STG Patent Endorsement 1 ATTACHMENT 2 —LAND USE APPLICATION APR 0 7 2016 PROJECT: Name: Maroon Creek Club Lot 43 Administrative Determination Location: Maroon Creek Club, Lot 43, 651 Pfister Drive (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) APPLICANT: Name: Bob Bowden; Jackson 43 Investments LLC Address: 625 Eastmain Street; Aspen, CO 81611 Phone #: 970-544-2000 REPRESENTATIVE: Name: BendonAdams Address: 300 So. Spring St. #202; Aspen, CO 81611 Phone #: 970-925-2855 TYPE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ GMQS Allotment ❑ Special Review ❑ ESA — 8040 Greenline, Stream Margin, Hallam Lake Bluff, Mountain View Plane ❑ Commercial Design Review ❑ Residential Design Variance ❑ Conditional Use ❑ Conceptual PUD ❑ Final PUD (& PUD Amendment) ❑ Subdivision ❑ Subdivision Exemption (includes condominiumization) ❑ Lot Split ❑ Lot Line Adjustment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) Vacant residential lot, active building permit for a new single-family home t. ❑ Temporary Use ❑ Text/Map Amendment ❑ Conceptual SPA ❑ Final SPA (& SPA Amendment) ❑ Small Lodge Conversion/ Expansion Other: Admin. Determination PROPOSAL: (description of proposed buildings, uses, modifications, etc.) Clarification regarding allowable Floor Area for parcel. Inve you attached the following? FEES DUE: S $325 ❑ Pre -Application Conference Summary ❑ Attachment #1, Signed Fee Agreement ❑ Response to Attachment #3, Dimensional Requirements Form ❑ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards ❑ 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre -application conference summary will indicate if you must submit a 3-D model. ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: Maroon Creek Club Lot 43 Admin. Determination Applicant: Jackson 43 Investments LLC Location: Maroon ureeK UlUbo is er rive; Aspen, Zone District: Rural Residential (RR) Lot Size: 3.06 Ac. Lot Area: 133,000 + - sq. ft. (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: 0 Proposed. Number of residential units: Existing: 0 Proposed. Number of bedrooms: Existing: 0 Proposed. Proposed % of demolition (Historic properties only): DIMENSIONS: 0 L 5 Floor Area: Existing: 0 Allowable: 10k Proposed: 10k Principal bldg. height: Existing: Allowable: 28' Proposed: 28' Access. bldg. height: Existing: Allowable: 28' Proposed.• 28' On -Site parking: Existing: Required: 2 Proposed: 2+ % Site coverage: Existing: Required: per plat Proposed: per permit % Open Space: Existing: Required: per plat Proposed: per permit Front Setback:.' Existing: Required: per plat Proposed: per permit Rear Setback: Existing: Required: per plat Proposed: per permit Combined F/R: Existing: Required: per plat Proposed: per permit Side Setback: Existing: r Required: per plat Proposed: per permit Side Setback: Existing: Required.• per plat Proposed: per permit Combined Sides: Existing. Required: per plat Proposed: per permit Distance Between Existing Required: n/a Proposed: n/a Buildings Existing non -conformities or encroachments: Variations requested: none none Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed bV the property owner or Attorney representing the property owner. Name: Bob Bowden; Jackson 43 Investments LLC Property Owner ("I" ): Email: bob@bobbowden.com Phone No.: 970 544 2000 Address of Lot 43, Maroon Creek Club —� Property: o (subject of 651 Pfister Drive application) Aspen, CO 81611 I certify as follows: (pick one) ❑ This property is not subject to a homeowners association or other form of private covenant. LN This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. understand that this d cument is a public document. Owner signature: �t date: t �I Owner printed nam Bob Bo den; -Jackson 3 Investments LLC or, Attorney signature: date: Attorney printed name: Agreement to Pay Application Fees oon• 20 K. �LQ Hn acireement between Ine URV of Aspen ano Property Bob Bowden; Phone No.: 970-544-2000 Owner ("I"): Jackson 43 Investments LLC Email: bob@bobbowden.com Address of Lot 43, Maroon Creek Club Billing 625 E. Main Street #102A Property: 651 Pfister Drive Address: Aspen, CO 81611 (subject of (send bills here) p �=• 'ti application) Aspen, CO 81611 M I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $0 $0 flat fee for Select Dept flat fee for Select Dept $ 0 flat fee for Select Dept $ 0 flat fee for Select Review For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $ 325 ✓ deposit for 1 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325 per hour. $ 0 deposit for 0 hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $275 per hour. City of Aspen: Jessica Garrow Community Development Director City Use: 325 Fees Due: $ Received: $ �Z� CO Property Owner: (� �_U� Name: Bob )Bowden Title: Principal, Jackson f nvestments LLC