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01
o Permit type Aspen Land Use � Permit # 0027.2016_ASLU
Address 10651 PFISTER DR Apt/Suite
0 City ASPEPI State CO Zip o1611
a
,0 Permit Information
Piaster permit �— Routing queue aslul5 Applied 04/07 2016
zProject �— Status pending Approved
0
Description APPLICATION FOR AN ADMINISTRATIVE DETERMINATION ON MAROON CREEK Issued
CLUB FOR FAR
Closed/Final
Submitted IDENDONADAMS9252855 Clock Running Days F7o Expires 04/02/2017 71
Submitted via
Owner
Last name JACKSON 43 INVESTMENT; .., First name 210 E CAPITOL ST 7#1210
JACKSON MS 39201
Phone (} Address
Applicant
❑ Owner is applicant? ❑ Contractor is applicant?
Last name BOWDEN DEVELOPMENT First name L PO BOX 1470
ASPEN CO 51612
Phone [(9:701)54�4-2000Cust Address
Email
Lender
Last name [-- First name �—
Phone (j Address
AspenGo1d5 server:, angelas = 1 of 1 �,
263-7
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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 BY:
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
7LJ
THF. CITY of ASPRN
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,
ennifer 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, or PD (creating more than l additional lot)
Residential Affordable Housing
Commercial E.P.F. Lodging
a
March 22, 2016
4' (.
V Tsi
Ms. Sara Nadolny, AICP
Community Development Department
City of Aspen
130 So. Galena St.
Aspen, Colorado 81611
RE: Request for Clarification — Maroon Creek Club Floor Area
Ms. Nadolny:
APR 0 7 2016
At
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
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 Re rds,
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
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#360002 08/13/93 15%54 Rac $.00 SK 721 PS 243
Silvia Davis, Pitkin Cnty Clerk, Doc f.00
-RgjSOLuTI011 07 WM BOARD Or COMITY COW1801Oli8R8
OF pIT, Ili COQII'1'Y, COLOltADO GRUITIM VIM PLAT APPROVAL
Fait X&ROOM CR1llM CLDn tpRSVIOveLY P7I8TRR RMM/GOLF►
Resolution 0 f3'Y
i] A/l S
1. Pearce Equities Group ii Limited Liability Company,
hereinafter "Applicant", has applied to Pitkin County to
request Final plat approval for the liaroon Creek Club
9ubdivisian t� -tiu' "'locaited:'.on a parcel of land more
specifically descrlbia*:in;Exhibit "A"; and
2. The Applicant has receivi� deneral submission approval
from the Board of .Comity Commissioners (hereinafter
"Board") by Reibliltiori .;90=87.*�. .'.':Detailed Submiiriia>;
approval by- Resoliit on 01-11 11d .01-112.
3. other Res0lutj6,hS"*-,weffect on the
property incsluds:''
4 89-104` ReA3i%intial:GMQS`allocation
0 89-113 Ccmriirtsial' GI[Qs :allocation
0 90-10Z • 7tsid�eritial :GMQS allocation
0 91-144 R"idential GKQS allocation
0 92-5 Commercial GKQS allocation
o Resolutions 79-26 and 83-90 affecting the Grand
champions club
If there are conflicts between thee: prior re#62utlons
and the PUD/Subdivision resolutions, this Final Plat
approval shall take precedence.
4. The total property is approximately 369 acres, including
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0360002 08/13/y3 15s54 Rec f.00 BK 721 PG 246
Silvia Davis, Pitkin Cnty Cler.;, Doc $.00
_ f
Resolution f93-lay
x page 2
a roximately 70 acres under lease to the applicant. The
pp
project site is located north and west of Maroon Creek
on both sides of Highway 82 and includes portions of the
Buttermilk Ski area (Tiehack) . The project is approved
•,' ,, ;tit"`'.•+.
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as a residential and golf course development to consist
of the following: .
(a)q incIle Family --The development of forty three (43)
't
residential single family iota with the following
floor area limitations:
(1) . Lots 1, 2, -3, . 5, 12, 16 and 41 through 45,
shall be permitted a maximum of 10,000 square
r_; *
feet of floor area.
:!
ugh 11, 19 though 31, 40, 46, 47
(2) Lots 4,.6 tho
and 48 shall be permitted a maximum of 6,000
square.teet.of floor area.
(3) Lots 32,though.39 shall be permitted a maximum
'..
of 5,'500 square feet of floor area.
(b) - -,Tte development of thirty seven (37)
toemhouses :with a .maximum aggregate floor area of
148,000;square;.feet, excluding underground garage
- •.:
floor areal. -,:No .individual townhouse unit shall
exceed 4,800 square feet.
:r1
(c) Emnloyae IHgug9 -The development of thirty nine '
(39) multi -family rental PHH units including 13,one- „
bedroom, 13 two -bedroom, and 13 three -bedroom units
plus one single family "for sale" PHH parcel. There
`
are ten additional unite available, which 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 i8
hole golf course, driving range, practice green, a
halfway house/snack bar of no more than 1,200 square
feet on the golf course; an s,000 square foot golf
r cart storage and maintenance building, 159
additional parking spaces at Grand Champions Club
and 20,900 square feet additional commercial square
;.; footage to the Grand Champions Club.
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#360002 08/13/93 15:54 Rec *.00 8k 721 PS 247
'3 Silvia Davis, Pitkin Cnty Clerk, Doc $.00"�
Resolution 093-1-ay Y�
Page 3
—
(e) �gina The addition of 12 lodge rooms at 580
square feet each (6960 square feet) to the Grand `
.' Champions Club.
(f) Trails - The applicant has committed to dedicate a �t
T public fishing easement along Maroon Creek, a
daytime nordic trail system on the golf course, a rthYf+3
•,' 'ifi
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 ;:n4;}•,
along Maroon Creek (ditch trail), access from the
Tiehack parking lots to link to the Government h`
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 Y path at the time of Highway 82 four -laming, -.
and a donation of SO (with $300,000 as a cap) of K.
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. ,tlie Board on'June 15, 1993 at which time
`frr
the Board': hay found the..]lpplicant ' s request meets the ,
;`;� � ,� ... '.:. , ; •. " •: ' - - pit... �z� ':
«_ requirements -of the' Land=Use Code.
TltBB=lOB�, 8E lS' iRE8OLVED b the Board County
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Commissioners *f Pitkin County,''..Colorado that it hereby gra-hts
Final Plat approval for the Maroon Creek Club Subdivision subject
to the following conditions: f t
.. .ra.
1. No further subdivision of the PUD shall be allowed except in
connection with the condominiumization of any elements of the ns•.
project, subject to obtaining any required approvals pursuant
to the Pitkin County Land Use Code, it is acknowledged that
all GMQS allocations have been obtained for all elements Of
this project.
2. The Tiehack parking area shall have a minimum of 121
and shall be o spaces
f
pan to the public for day -time use only. The •ra`�,' ;,,
Buttermilk Master Plan is hereby amended to allow the
modifications approved for this project including improvement
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Resolution #93 &Y
.4 Page 4
of ski facilities to include relocated lift alignments,.
'J. relocated parking to include no less than 121 parking spaces i? p=-
:= and eliminate the restaurant at the base of Tiehack. No c'
.;' additional revisions to the Buttermilk Master plan shall be+,.x
allowed by the County without adequate review of lift capacity µ 2x!
=; and the transit and parking needs of Buttermilk Mountain as
it whole.
;._...
�. 3. Caretaker units on single family parcels are subject to the ''`i'•:
r.:
i� requirements of Section 3-8.13 of the Land Use Code.
4. The following condition relates to the calculation of square
• C y' Nx
footage for garages:
a. Single family lots 4, 6 though 11, 19 though 40, 46, 47
1
and 48 may each obtain 500 square feet of floor area from r;
the townhomes for the purpose of constructing garages, _.._
subject to trading the square footage from the townhomes.
No exemptions for garage space under the Land Use Code r�
,;�• ;; are permitted for these lots.
' 1. �:-'•.
�b. Single family lots 1, 2, 3, 5, 12, 16 and 41 through 45
s, are limited to a maximum of 10,000 square feet which
includes.garage -space. No trading of square footage from
pr. these lots with . the . townhomes is permitted, No.;
exemptions for:.garage space under the Land Use Code are
permitted for•.these .1cts. :a
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 Z4
"
r: adjacent Pfeifter .Parcel. The remainder of the Pfeiffer Vi
=' 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
4: other applicable requirements of the Pitkin County Land J,
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,::k.
Pp q V?
�..: the Land Use Code. However, in accordance with BOCG,T•:•s:..
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 ,15 square
feet)) curr ntldwelling locat dnnithe (a250ta acre 5application
parcel to build not more than three residential dwelling ~'
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#360002 08/13/93 15:54 Rec a.00 BK 721 PG 249
Silvia Davis, Pitkin Cnty Clerk, Doc $.00
i
Resolution ,f93-,�X
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Page
5
units totalling 5,015 square feet, if the existing units
replacement is subject to
+:.
are demolished. such
compliance with applicable zoning. 1041 hazard review,
l
and other requirements of the Land Use code. The
feet is an addition
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=
replacement credit of 5,015 square
to any other residential density described or approved
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in this resolution.
ss
6.
in the winter, the aerial lift, which may be constructed at
on Lot 16, shall be available to the public
j
Applicant's choice
at no charge, and subject to safety and operational rules of
is
all appropriate regulatory agencies. If a lift not
constructed, alternative means of crossing Tiehacit Road will
be provided for nordic skiing and pedestrians.
'
7.
All utilities shall be placed underground within driveways,
disturbed by regrading activities as
major roadways and areas
illustrated on'the approved PUD grading plan.
}
8.
For all buildings within the PUD, building height shell be
measured pursuant. to .the Land Use Code provisions in effect
at the time of•issuarice 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
excavat ioh. permit for the project, the Applicant shall submit
4`t
a financial security acceptable to the County Attorney and
BOCC insuring the construction of the infrastructure and
public improvements, and/or reclamation of the property, as
' '
identified' in the subdivision Improvements Agreement,
.. • , 4 .
10.
No doge shall be allowed in the employee housing complex, and
the remaining portions of the project site shall
any dogs on
be leashed or kenneled. All workers associated with
construction of the project shall be prohibited to bring dogs
to the site.
,3
11.
o housing lex on the north side of
As part of the employee g com P
;stiVl
Highway 82, and if an agreement satisfactory to Applicant and
the
;••.,
the County can be consummated by September 1, 1993,
Applicant will construct up to seven (7) additional units;
provided that the County shall, during the course of the
;US
-,
design and construction, pay all costs (hard and softy
associated with such additional units, together with all
management and operation costs associated therewith. Three
'
(3) additional units are 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,
f I f
s360002 08/13/93 15IS4 Rec s.00 BK 721 PG 230
SilviaDavis, Pitkin Cnty Clark. Dec f.00
Resolution 093-Loy
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.
11. Construction is permitted from 7:00 am to 7:00 pm Monday
through Saturday. Sunday or longer hours may be approved at
the discretion of the planning Director.
15. All-eassmants and agreements shall be recorded concurrently
with recording of the Final Plat documents.
16. Ail`.naterial representations made by the applicant in the
application and public meetings shall be adhered to and
considered', conditions of approval, unless amended by other
APPIUM AW IN.— ,Tax 15TH DAY OF JVNS 1993.
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*360002 00/13/93 5 15:4 Rec e.o0 6k
72, F'G 251
Silvio Davis, Pitkin Cnty Clerk. Doc f.00
NORTH PARCELtr;
A Parcel of ;,and situated in sections 2, 3 and 11, TownshiP 10 South,
Range 85 Heat of the 6th P.M., Pitkin County-, Coloradofl; fully described as follows: , being more
' 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" 8 777.77 feet;
thence generally along fence lines South of Stage Road the following
courses and distances:
S 60.13.00" E 300.40
8 64.30100" E 37.66 feet;
S 42.12016" B 2.57 feet;
..
S 64.30800" E 328.51 feet;
S 62.00.00" E 70.17 feet;
• S 58.080000 S 86.98 feet; '
S 55.44#00" E 75.14 -feet;
S 64.10100" 8 79.10 feet;
' S 73. 03,1 00" B
.. 50.29 feet;
8 78.44 1 00" 8 203.36 feet;
47^h
' 8 75.47'00" 8 94.37 feet;
S III E 39.52 feet;
S 59'14*00" E 231.07 feet; :
8 48.35*00• B 15.27 feet;
S 10*26000% B 26.29 feet 't
j 9 87• ' 11 � 08" 1C b? . 59 fset;
.
S 87 48#18" 8 1429
-..:.•: : 0 feet; ... •. .
8 87.38P24" E 105.68 feet;
8 88' 09.03 ` R 109.76 feet • m.,.
N 88.52109" 6 199.99 feet;
.;; N 87.51'40" E 136.14 feet;
N 86*061394 8 144.94 feet;
.
N 88.18102" E 156h
•,�.,:;;:- 94 feet; .::, •z�`t:
.1feet
..
IF :
thence departing said fenceliaa S 07•.16.49".'ii 762.31 feet•
thence 8 36.21*420 S 725.00 feet;.*. • ,�
thence 8 00.58.04" W 967.68 lest to a point oa the Northerly liight-nf-lie► Iiae
' of said Colorado State 8igbvay:No. 82•.and continuing along said Right -Of tray sx
....
the following courses and distances;
N 6068 s•.
4 �00" it 746.51 feet;
2641.94 feet along the arc of a curve to, -.the right having a radius
' feet S o 6
N 34.09100" W 124.60 feet ?
793.17'feat along the are of a curve to the right having a radius of 2242.00
feet to the point of
Po beginning, containing 83.795 Acres more or
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IT
1#360002 08/13/93 15z54 Rec e.00 BK 721 PG 232
SOUTH PARCEL Silvia Davis. Pitkin Cnty Clerk, Doc e.00
a A Parcel of Land situated in Sections 2, 10, 11 and 14, Township IO
South, Range 85 West of the 6th P.M., Pitkin County, Colorado, being
y
more fully described as follows:
139GINNING at the Southwest corner of said Section 11; thence N 00'
33t02" W 2683.01 feet along the West line of said Section 11 to the
West 1/4 corner of said Section 11;
thence N 00*321100 W 1672.45 feet along the west line of said Section
11;
i thence S 89.58,10" W 6.05 feet;
i thence N 27147*03" E 58.09 feet;
thence N 47'00140" W 49.01 feet;
thence N 17'53107" W 61.02 feet;
' thence N 44.12t11" S 73.99 feet;
thence N 29.55154" W 124.00 feet;
thence N 54*14102' W 47.08 feet;
thencA N 33.04019" W 2.32 feet;
I. Once N 46 05 43" E 403.91 feet;
thence N 01'37.15" E 661.88 feet;
thence N 37.021000 E 249.40 feet to a Point on the Southerly Right -Of -
Way line of Colorado State Highway No. 82;
thence following said right-of-way line 2209.18 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;
thence fallowing said right-of-way N 32'04100" S 10.00 feet;
thence following said right-of-way 289.19 feet along the arc of a curve
to the left having a radius of 5780.00 feet, the chord of which curve
bears S 69.22100" 8 299.16 feet;
thence following said right-of-way 8;60.48,100" E 682.76 feet;
thence S 18.09'00" W 176.89 feet;
thence N 60*43000" W 311.07 feet,
thence S 29'17*OU" W 72.28 feet;
thence S 60'43000" E 60.57 feet;
thence S 29.17'00" W 86.80 feet;
thence S 89*350000 8 304.56 feet;
thence South 1412.20 feet;
thence N 87.00000" E 256.69 feet;
thence S 00*07.55, E 288.61 feet;
thence N 89.31144, W 297.34 feet;
thence S 08.17126" W 300.64 feet;
thence S 43*46126, W 253.29 feet;
thence S 020140044 W 496.46 feet;
thence S 41*16.20, W 310.89 feet;
thence S 14'00140" W 536.21 feet;
thence S 021161090 E 422.00 feet;
thence S 33.01114" W 281.07 feet;
thence S 00.14151, E 201.82 feet to a Point on the South line of said
Section 11;
thence N 89.48120" W 294.43 feet along said South line;
thence S 0l'OgI00" E 1321.99 feet;
thence N sq•ae#as• w inn-v mc a ----
�Y z •+1+ at1� >`t�i t `mow HagscL 4
u1 �`¢`�+��yyt.tt..i}F , e;�,;::;k, .. r:7>� �1'. +T• a i �'?'i,%� . b +t .c '� f'-, 3 � �. .�. i`
�•' "' � ->4�!! •YTKC�"'Z��l..��ty. •j"''S'''i fiP� �'�: �irL j�.\.� + h +` C
'. 'D''��t t,• o g[•� ��
# 160002 08/13/93 15; 54 Rec $.00 PK 721 pG 253
Silvia Davis, Pitkin Cnty Clark, Doc $.00 i
EXCE?TrNG 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, ; ..a.
p being more fully described as follows;
_ . ..,:: •.:� eeginninq 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;
thence S 69.58110" W 6.05 feet;
thence N 27.47003, E 58.09 feet;
thence N 47.00140" W 49.01 feet;
thence N 17.53'07" W 61.02 feet;
L thence N 44.21'1l" E 73.99 feet;
T, thence N 29'55'54" W 124.00 feet;
thence N 54.14, 02 • W 47.08 feet` •
• k�(
thence N 33 04 18" W 2.32 feet;
thence N 46.05#43" E 537.75 feet;
thence S 37.45.000 E 734.52 feet;
- thence S 20.30' 16 ~ E 40.00 feet;
thence S 70.54' 16" W 227.93 feet; ;;..
thence N 45.58000" W 339.24 feet;
'• thence S 55.53t00" W 54.70 feet;'}`'s`
thence S 26.04#00" W 267.30 feet; "
thence S 89.50,10" W 116.23 feet to the point of beginning. = _
2. A tract of land situated in Section 11-of said Township and Mange being
more fully described as follows:
Beginning at a point whence the"Northwest-.Corner of said Section 11 bears N
23.58927" W 3064.58 feet;
thence S 77.27P55" E 180.00;feet;
thence N 12.32105" E 190.00 feet;
thence S 77.27155, E 33540.-Ieet•
thence S 25.57130" E 187.83,feet= ~`
thence East 120.00 feet;
thence So . ; 0 0 feet South 345
thence West 235.00 feet;
thence N 09' 59' 48" W 220.58 feats . Y yk\
thence "
....: " . - ac N 77 Z7 55"W 260.00 •feet, :-
:,• : thence S 12.32005, W 135.0o feet;
,.' . thence N 77.27' 55" W 250.00 feet;
thence N 12.321050 E 250,00 feet to the point of beginning.
3. A tract of land situated in section 11 of said Township and Range being
more fully described as follows:
j Beginning at a point whence the West 1/4 Corner of said Section 11 bears N
' I 62.42134" W 1781 s0 feet;
7,
55' 19' 02" E 27 ; 00 feet
' thence N -•:'.H. , ,�.
thence 8 03.13•00• W 282.23 feet; x
f thence S 23.17-'54" M 318.82 feet;
thence West 7.00 feet-_'``'{`'
. � thence N 03.38100" W 28.00 feet;
y,
L 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 46.10+37" W 07.90 feet;
v thence 46.89 feet along the arc of a non -tangent curve to the right havingxx..
a radius of 170.40 feet, the chord of which bears N 45.50'02" E 46.74 feet;
i thence N 13*44105' E 44.28 feet; .
s
::�� •55:, :N.i• ,t-N.4'.... ii. at�:=?:}rat w iii:uty•Sf%si'i•',.,•1."csSra3iu��:yiuv "_:$%Yi ..•r:YvS. z++
V c ti:
•., a.. :its�eJN.,m�i
0360002 08/13/93 13IS4 Roc $.00 BK 721 PS 24
Silvia Davis, Pitkin Cnty Clork, Doc 4.00
thence 140.30 feet along the are of a curve to the left having a radius of
245.00 feet, the chord of which bears N 02.40.13" N 130.39 feet;
thence N 19.040310 N 202.12 feet;
thence 54.33 feet along the arc of a curve to the right having a radius of
240.00 feet, the chord of which bears bl 12.35P23' N 54,22 feet;
thence N 06.06*14" N 114.31 feet;'
thence S 84*41*010 s 241.71 feet to the point of beginning.
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V102 4a/
* av III n enty Clark,
FRIN.DL PFZIFBR LZM--:..
a Parcel of land situated in Sections .2 and It Township 10 South, Raaga
85 West of the 6th P.M., Pitkin County* Colorado, being more fully.
dencrLbpd as follotist
Beginning at a poifi t"o'h"'.i*i'i:! southerly riobt-of-way line of Colormt6"
State Highway No. $a :;the'SouthiOost corner of said Section 2
bears 0 76044100" N 832AI.-tedti
thence 0 460OV430 W 7 3 1--,7 fiat;
thence N 01,37,15, x
thence N 370020000 8 240`i.*-'46.'.*�lti"t--,to-,,.a..point an the Southerly right-of-
way line of said Hi hVi i16.821"
thence follow, fobt f ine:504.43 feet along the are of a
Lng-sald--r,,' . " 10!0
curve to the left haili g of 5,790.00 foot, the chord of which
curve bears .8
"!"t--to the point -of beginning.
COUNTY OF PITKIS
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#360002 08/13/93 15i54 Rec $.00 BK r
• � ;r �� PG 28i6 i ` •..
Silvia Davis, Pitkin CntY Clerk. Doc *.00 »;'Y
n
FRIEDL PFEIFER ASPEN REAL ESTATE IRREVOCABLE TRUST NO.
1. r
LEGAL
A tract of land situate in Lot 2 of Section 2, Lot 5 of Section 11 and
Lot 1 of Section 10, Township 10 South, Range 85 West of the 6th P.M.,
s `
Pitkin County, Colorado, being more fully described as follows:
- a
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�`�
Recorder of Pitkin County, Colorado, whence the Northwest corner of;:
'
said Section 11 bears N 06146103" E 669.76 feet;
thence N 46'05143" E 1246.03 feet along said Southerly line to the
as
Southwesterly right-of-way ling of Colorado State Highway No. 82;
{;.`fit{
thence 501.56 feet along the arc of a 5780.00 foot radius curve to the
;y1f;.•..
left having a central angle of 04.58119" and subtending a chord bearing
s 52'40'54" 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;
ti
thence S 00,46118" E 912.80 feet along said East line of Lot 5 to the
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 at Page 997 of the records of the Clerk aril Recorder of .Pitkin
7.County,
:,.
Colorado;'
along the East boundary of said tract described..in`:Hook 264 at„`
thence g Y
Page 997 the following seven (7) courses:
tt
' 7' 03" E 58.89 feet .
1) thence N 27 4 .' .
21 thence N 47000140" W 49.01:..feet;
t�-
3j thence N.17'53'07" W 81.02 feet;:
4) thence N 44'32111" E 73.99'feet,•Y
5,
5) thence N 29,55454" W124.00 f6et=
6) thence N 54'14002" W 47.00.feet; .-
7) thence N 33' 04' 18" W 2.32 feet to: the .point'.of beginning.
g
w ;.
EXCEPTING THEREFROM%
A tract of land situated is'Secticno 10 abd'.fi;.Township 10 South,
t;•
Range 85 West of the 6th.P.M., being more fully -described as follows:
Beginning at a point on the West line of said Section 11 whence the:,
West 1/4 corn er of said Section 11 bears S 00'32'10" E 1672.45 feet;
:R;s,.
thence S 89 'S8'10" W 6.05 feet;zx.;
{+j
thence N 27,470030 E 58.89 feet;
6e}4
tt
thence N 47.00140" W 49.01 festj
3•
:'
thence N 17*53107" W 81.02 feet;
thence N 44.21011" E 73.99 feet;
thence N 29'55054" W 124.00 feet;
of ti;�
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it
0360002 08/13/93 15r54 Roc 0.00 RK -e21 pe 257
Silvia Davis* Pitkin Cnty Clork, Doe *,00
thence M
540141020
W 47-08 foot;
thence N
33*040100
W 2.32 foot;
thence V
46*050430
Z 537.75 feet;
thence 6
3704V000
Z 734.52 f*6tr,
thence $
200300160
2 40*00 feet)
thence 0
70*54016"
V 227.93.14ot)
thence X
45058*000
W 339.24:1'66t-
thence 8
55*5:*0000
W 64-o
thabco 5
26*04100*
N 2611.30 f6tt)".
thence a
89158120
N the "vdift-7of beginning.
COMTTY Or Pnitiv,
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`45
EXHIBIT
N
_N
OF7.ffGee
III 1 I Till 111111111I111111111111111111I IIN
4833 � M/ 3007 Mt82F ORDINF*=
1 of 4 .N D e.ee N S.ee PITKIN COLWY CLM
ORDINANCE NO.40
(SERIES OF 1996)
AN ORDINANCE OF TIM ASPEN CITY COUNCIL GRANTING A.
REZONING FOR THE MAROON CREEK SUBDIVISION IN
CONJUNCT3ON 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, Exhtibit A defines the
following definitions of the Pitkin County Land Use Code that shall be utilized
for purposes of determining height, bulls, 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
Planning 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,
Illil ItIN I IN 111111111111 TV 11111111 IN IN
404420 05/15/1 7 IC50 ORDINANCE
i of 14 R 7 0 e.00 N 1.e0 PITXIN COUNTY CLhklt
� Illlll ��11 II�lII Illl (111111 ill�i Iltl l �I 111111111111
483224 @�/0B12097 04r02P ORDINANCE
2 of 4 R 21.00 0 9.00 N 0.00 PITKIN CONTY 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
iCITY 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 Rlt
Pfister Outparcel RR
Water Tank Parcel C
PUP Overlay on all tethered and numbered parcels
14t it
rzppqsgl 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
Rt7
46.48
R-15A
49
C
50
R WF A
51
P/SPA
52
AH
A•C
P
l - 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 26,26.30.13 of the Municipal Code.
I
11111111111111111111111111111111111111111111
Ill 111111111111 !
4U fW IS1190
10:uA
MtHMM
2 of 14 R 71.00 a 0.01 N 0.00 PITKIN CWWY CLERK
111111111111111�11 �l l l 111l11111111111111111111111111�1 403223 04/03/190-1 e4:02p CRb2Npi�
3 of 4 it 21-00 ID0.ee N 02 hITKtN COUNTY CLERK
5ertian i
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.
Sec- do-q4'
If any section, subsection, sentence, clause, phrase or portion of this ordinance is
for any reason.. hold invalid or unconstitutio
remaining portions thereof, nal by any court of competent
jurisdiction, such provision and such holding shall not affect the validity of the
Section S.
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 fz
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 lull, 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 ,day of ��96.
unirrt�.,
i'' y ' . �D11�► nnett, l ayOr
AiTEST:�`�¢'
x
och, City Clerk
FIN, ALLY, adapted, passed and approved this .�� day of
1996. ,
111111 fill 111111111111111111111111111111 fill rIIN
404420 W/15/1007 14100A 0"INA%ICit
3 of 24 N 73,00 0 0.00 N 0'" PITKIN COM" CLERK
I11�11111111 r loll W11111Ili 111111111IHI
4032Z4 04l0�l11tp7 04 0�►
4 of 4 R 21.00 p 0.00 N 0.W PITKIN COUNTY CLERIC
John ennett, Mayor
OF
r ,'S r
och, City Clerk
1 i11% 111111110111111, 111111111111101111111i11111 IN
404423 03l15/1"7 %@35" WIDINCLERK
4 of 14 R 71,00 0 0.94 N O.as Px"�=N Y
ACCESSORY USE or ACCESSORY STRUCTURE means i use or stxuctm that is
naturally and nortmaatty incidental to, aubotdin to to, end devoted primarily tti the; Principal Use or
structure of the premises; dons not change the basic eiwacter of the premises, ass determined by its
prbicipal use or structure; is subordinate in titre% +:><tetat and purpose to the prin6pal use or sumcwre
served; contributes to the comfo Itt, ctmvettience or necessity of the occupants of the principal use or
stractu m served; and is located on the same lot or contiguous lots under the same ownership as the
principal use or sttuctuuro. In no event shall an acO,ssory use be construed to auttho= a use not
otherwise par�mitted in the xo>za district in which the principal use is located, and in no event shall
an accessory use or structure be established prior mthe principal use or swcture t4 which it is
accessory. Accessory buildings or srrtictpt�eg shall not be provided with kitchen or bath faculties
suffucie;nt to render them suitable for permment residential occupation..
BASEIYII.NT mesas that portion of a strurturs fufcy Percent (50%) or more of which is
below natural g mdc.
BUMDLNC EMCHT means the maximum distance allow
criteria: ed, based on the following
a. On Pifched Roofs:
1) Thew 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 is,
halfway between the top of the ridge, and the eave-point. The cave -point is that point in the roof
plane which is directly above the outside of tl>t wall below, m the case of a covered deck or patio,
the eave-point shall be that point which is directly above the outside face of the structure, or thm
feet (3) in from the edge of the roof. whichever is morn restrictive,
23 There shall be no point of any ridge or other roof pealt, which exceeds the prescribed
height above the existing or finished grade. whichever is lower, by more than five fit (j).
3) Them shall be no cave -point which exceeds the prescri�i height above existing or
finished grade. whichever is lower. Exceptive to this is if tht ridge lines which extend to'the outside
face of a building to form a garbled end will be; permitted, to
above. the extent that they conform to (2)
b. On Flat Roofs: There shall be no point oi~ a flat roof which exceeds the prescribed
height above the existing or finished grade, whichever is lower.
C. All goofs within a could -roof building sban cottf'orm to these standards.
I Iffll� f fill 111��1 If �I� �I���I IIII�I 1!� [�l�l fill �
"028 t ai tun toe= MYttt
3 of 34 It 73.00 0 010 N IMM Pti'KtN Ctfii M CLM
d. All measurtmenta altall be made vertically; i.e., that eacb point of a roof shall be
measured to the point of grade which is directly below it — vertical and plumb. Roof points which
we not at the exterior of the building will be measured against existing grade only,
c. Antennae, chimneys, flue.$, VC110, and similar structures shall not Cxce the:
Prescribed height limit by more than tr m feet (101.
f. Water towers, mechanical equiptncnt, solar equipment, and similar equipment shall
not exceed the prescribed height limit by more than ttuec Feet (31.
$. In net event Shall aaY sttuctm, Including aatenn�ae, chimneys, flues, vents, water
towers, mechanical equipment, solar equipment, and similar stttrctures exceed thirty-eight feet (38)
above existing or finished grade, whichever is lower.
h. For the purpose of measuring building height, arty 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 stem 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 dimimsions shall be taken from the outside" face
Of framing or other printery will members or from the center line of walls separating adjoining units
of a building or portion thereof. Verner
facades up to eight inches in thickness shall be excluded from the calculation of floor area; that
portion of a facade which exceeds eight inches shall be included. Fireplaces, elevators. stairs and
similar features are included in the floor arcs on'each #Toot.
b. Roof overhangs and declts: The floor area of a building, or portion tbcrcof, not
provided with surrounding exterior walls shall include the area under the horizontal projection of
roofs or Moors, when the roof or Door exceeds five
(5) feet_ These architectural projections are exempt for five (5) fete of the perimeter of each story of
the structure. Architectural projections may project up to ten, (10) foot and still be exempt, so long as
the total perimeter space
for a floor is less dozi or equal to the total area allowed for the; rave (5) foot exemption. This
exemption cannot be used to transfer space between floors.
G. Decks, balconies, stairways and similar features: Structures that exceed thirty (30)
inches above natural or frnisbed grade, amd that are not covered by a roof or architectural projection
fram'a building, are exempt from floor area
for up to fifteen percent (1W Of the maximum f M=a allowed. Any areas in excess of fifteen
percent (T5%) shaU be counted toward floor area.
1111111 IN HIM1111111111111111111111111111111111111
40442 05/15/M7 Yo 56A OnDlMAmcl
ti of 14 N 71.00 0 0,90 N d,M PITKtH COMY CLEM
d. Spaces below nazilthl grade for principal single family and duplex residences: Spaces
below natural grade, lap to a. maxmmnta of twenty (20) feet in depth and which include no more than
a singly story, are exempt from. floor area
Calculation up to a maximma of 4:400 sgMe feet of floor ate. Floor area below natuxul grade
which exceeds the 4,000 square foot cx=Vdoa provided hmein shall count toward the calculation
of allowable floor area. if any part
of the below grade space is exposed above natural grade (such as walk -out baaeuicuts, walls or
courts) the entire below grade aMa deals be included in the Hoar arcs calculation; except that
window WCUs and Que egress area as
r+tgiu d by the Uniform Building Coda may be provided without affecting this exemption. The
foundation wall or Footing may be exposed. to fix minimum degree required to comply with the
Uniform Building Cade pertaining to foundation
design without affecting this exemption. Up to ten (10) percent of any particuLu below grade wall
surface may extend above natural grade and sail be exempt from the calculation of floor area so
long as the finished grade elvers
the surface that would otherwise be exposed. Garages up to seven hundred fifty (750) squaw feet;
maybe incotporamd into below grade space and shall not affect this a 'emption sa long as the only
sections of building so exposed are dircctly related to the garage structure,
e, Garages and carp6 ts: 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 lad carport floor area
Shall be exempted up to a ,maximum of
seven hundred fifty (7S0) square feet. the a lot wMch 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 is excess of the exempted
areas shall be included as part of the residential floor anti calculation. When a single family or
duplex dwelling exceeds the allowed floor area, the oxempt garage space shall be reduced by_
subtracting the excess floor area from the exempt garage space,
f. Crawl space; Crawl. Spaces shall be exempt lout the calculation of floor area. even if
exposed above natural grade, so long as tine height of the crawl space does not exceed five feet six
inches (5-6" ).
S• , Attic space: That portion of attic space where the distance between the floor and
ceiling exceeds five feet six lnchvs (XV) in height shall count as floor area.
h. AR- I Zone District: For the Putpose,of calculating fluor area ratios for non-
residential structures m' the AR-1 Zone District, subgtade spanshall be excluded from the floor
area calculations when sttoh subgmda space is aficrssory
to and subordinate to the principal use of Thy building and used for subordinate. s=ondary purposes.
Such exempted subgrade space shall include areas used for mechanical, ekztrical or heating
facilities; utility space;
Parking garages, required eruPlayee housing tutus meeting Uniform Building Code requirements for
subgrade space; kitchens and emplovee recreation rooms; meeting rooms, auditorium, banquet
rooms, convention space, banquet preparation
111111111111111111111111111111111111111111111 N
�e e�MAN7 11110liA CRtf11MI12
of is It 7t.-V O 1 111 N'0»00 PS7Kih couNTy CLERK
and kitchen area; recreational =Wtig$ including but not limited to pools, health clubs, exercise
rooms, steamrooms, saunas, massages rooms- sho'Wers; U11011 Storage rooms, maid service arrAs,
laundries; guest storage; storage for
condors Wum unit own=; ski lockers; loading and Unloading docim SMICe, elevators, trash
storage, maintenance area and storage; and circulation Corridors and elevator areas for the foregoing,
All other uses located subv4dc may be exempted from floor =a calm dldon3 upon the special
review
recommendations of the Planning and Zoning Commission -and approval of the Board if dity find
the use to be accessory and subordinate to the principal use. Review trite is to be used in
determining if a use is accessory and subordam to the prinotpal use are w follows-
1) potential impacts sencratod by the use:
2) the amount Of floor area involved, including the amount of, $p= above Fade to be
Made available for the principal use if the space is exernp Md.
3) consideration of whether the use will be used primarily by occupants or residents of
the project or other persons in the community.
Above gradi balconies and decks constructed in the AR-1 Zone District, including those
covered by 4 roof or floor above, shall be excluded from floor a= calculations when the area of
such balconies and decks is toss than or
equal to fifteen percent (15%) of the allowed floor area: all =4 of above grade decks and balconies
over fifteen percent (15%) of the allowod floor area shall be included in the floor area.
SETBACK means an Open sWO it grade between a structure and the property line of the
lot on which the structure is located. The setback shall be unoccupied and unobstructed fmm the
ground uPward., except for fences or as Otherwise provided in this chapter. Irt 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 location
on the ground. It includes yens and tepees and movable buildings which can be used for housing,
business, comm=ial, agricul=-4« or office purposes, either tamporaffly or permanently.
"Structure' also includes roads, walkways, pWL% ftucts, swimming poops, tennis courts, sips,
sheds, &W other accessory construction. "Sm=uresm do not include feneca or was used as fences
less than six fect (6) in height; poles, lines, cables, or other umsmission or distribution facilities of
public Utilities; bus shelters less than 200 square feet in sim.
YARD means an open space which is unoccupied and unobstructed from the ground
skyward„ except as otherwise provided below:
11111111111111111111111111l111111111111 IN IN IN
4M428 14/15/1"7 161MA MlMWCg
I Of " N 71," 0 8.08 M 6.08 MKIN COUNTY CLERK
a. Projections into required yards. Yards shill be unobstructed from the ground to the
sky except for the following:
1) Uncovered porches, slabs, patios, tom, wa4 0, steps, tag walls and similar
st=vcmres, which do not exceed thirty inches (301) nbavo or below nahual grade — No restriction;
2) Fences, hedges, burros and walls less d= six`fm (&) in height are permitted wattun
yard setbacks, except on corner lots where no fence, retaining Wall, hedges, berm, or similar
obstnzction shall be eroded or
mAiatained which abstrucl traffic vision: nor an corner lots shall any
fence, retaining wW1. hedge. berm. or similar stmcbm be erected or maintained which exceeds a
height of forty-two itches (42") mewured from sit Within twenty feet (20) of the corner:
YARD, l±' tiT means a yard extending the fall width of the lot. the depth of which is
measured as the least horizontal diswce between any port on the front lot line and point of the
structwm or u% such distanco being mf=d to as the "front yard setback"),
YARD, REAR mails a yard extending the fital width of & tat, the depth of which zs
measured as the least horizontal distance between any point on the rear lot lace and point of the
structure or use (such distance being referred to as the "rear yard setback'). In the event of a
triangular lot, thc.owncr shall designate one tine as the side and one as the rear tot line.
YARD, SIDE means a yard extending the leaph of the lot between the front and rear yard
setbacks (tar lot line in the absense of yard requirements), the width of which is measumd 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 tat, the owner shall designate one line as the
side and the other as the rear lot line. (Ord. 95i4 §§ 8, 11-13,1995; Ord. 94-16 § 14)
I IN 11111111111111111 i 11111111111111111111111111111
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EXHIBIT
D
a�
CONFIDENTIAL MEMORANDUM
TO: Bill Lukes, Maroon Creek Club Homeowners' Association.
FROM: Sarah Oates, City of Aspen Zoning Officer
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 5000 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
O A U�l
Bendon/'AM.
February 21 2016
Ms. Jennifer Phelan, AICP
Community* Development lopment Director
City of Aspen
130 So. Galena St.
Aspen: C --olorado $1011
RE: Lof-43,.., Orpon Creek q - ;
(q AA.a. 66I.PfisterDtive; Aspen, CO:
Ms. Phelan:
ind Regardsi,
Jackson . nves eta s LC
C/O Bob B w
.625 E Main treet Suite 1, 2A
Aspen, CO 81611
970.379.6476
............. .... .. .. ....... 300 $0 SPRING ST 1 .202 JASPEN, CO 81611
9.70.925.2855 1 B,E.NDONADAms.c,oM
Jackson 43 Investments, LLC, a Colorado limited liability
company
210 E. Capitol Street
Suite 1210
Jackson, MS 39201
Ikr
Stewart titio
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 http://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 properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic
means authorized by law; or
(vii) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid.
(c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an
accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements
located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land.
3. Unmarketable Title.
4. No right of access to and from the Land.
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:
Stewart
title guaranty Company
Stewart Title
97 Main Street, Suite W201
Edwards, CO 81632
Agent ID: 06011A
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
4-11
Matt Morris
President and CEO
Denise aux
Secretary
AME-RICAN
LAND 1-111-L
iAssoc AMN
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 this
policy, and the Company will not pay loss or damage, costs, attorneys'
fees, or expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including
those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement
erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental
regulations. This Exclusion 1(a) does not modify or limit the coverage
provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not
modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit
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 Insured
Claimant;
(b) not Known to the Company, not recorded in the Public Records
at Date of Policy, but Known to the Insured Claimant and not
disclosed in writing to the Company by the Insured Claimant
prior to the date the Insured Claimant became an Insured under
this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this
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.
4. Any claim, by reason of the operation of federal bankruptcy, state
insolvency, or similar creditors' rights laws, that the transaction
vesting the Title as shown in Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered Risk
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
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.
0) "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. AN C RICAN
All other uses are prohibited. Reprinted under license from the American Land Title Association. lA w tr rrr t.t
ASSOCIATION
File No. 01330-68871
Page 2 of Policy Serial No.: 0-9301-003141698
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.
6. 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;
or
(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. ?knit RI r_ AN
All other uses are prohibited. Reprinted under license from the American Land Title Association. LA ° C) 1 1 1
ASWICIATION
File No. 01330-68871
Page 3 of Policy Serial No.: 0-9301-003141698: rc`
x _�
CONDITIONS (Continued)
8. 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.
10.
11.
12.
13.
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,
attorneys' 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. AM r RI C A M
All other uses are prohibited. Reprinted under license from the American Land Title Association. IAN 0 xr 1 tx
assc�ca:+trtra
File No. 01330-68871
Page 4 of Policy Serial No.: 0-9301-003141698 `-Y"
ALTA OWNER'S POLICY (6/17/06)
SCHEDULEA
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.
All other uses are prohibited. Reprinted under license from the American Land Title Association. tx tr tier
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.11
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. A1 i( 44
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 OWNER'S POLICY (6/17/06)
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. AML ICA14
All other uses are prohibited. Reprinted under license from the American Land Title Association. �5 bra
P P cas�rcaai�,a
File No. 01330-68871 Page 2 of 3 STEWART TITLE
CO STG ALTA Owner's Policy Sch B SE GUARANTY COMPANY It 1
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
CO STG ALTA Owner's Policy Sch B SE
Page 3 of 3 STEWART TITLE
GUARANTY COMPANY
Anti -Fraud Statement
CRS 10-1-128
File No.: 01330-68871
"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.
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
Contact us: /f 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
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
business and managing customer accounts, such as processing
Yes
No
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.
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 1 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.
CO STG Endorsement 110.1 Deletion of Ex ion
ALTA Owner
ENDORSEMENT
ATTACHED TO AND MADE A PART OF POLICY OF TITLE INSURANCE
SERIAL NUMBER 0-9301-003141698
Issued by
STEWART TITLE GUARANTY COMPANY
File No.: 01330-68871
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:
FORP4, ffv,, siloplfflnn mmz,�'
i
X0'onzd6mtmigwture
Stewart Title
97 Main Street, Suite W201
Edwards, CO 81632
Agent ID: 06011A
Endorsement
Serial No.
�leart
title guaranty company
r.,��h' "
� y rot Oft
N.
ty
1908
E-9851-087627855
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
97 Main Street, Suite W201
Edwards, CO 81632
Agent ID: 06011A
Endorsement
Serial No. E-9688-012706581
Denise CA�aux
Secretary
File No. 01330-68871
STG Patent Endorsement 1
Page 1 of 1
ATTACHMENT 2 —LAND USE APPLICATION
PROJECT:
APR 07 2010
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)
AXPLICANT:
Name: Bob Bowden; Jackson 43 Investments LLC
Address: 625 East main 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
❑
Temporary Use
❑
Text/Map Amendment
❑
Conceptual SPA
❑
Final SPA (& SPA
Amendment)
❑ Small Lodge Conversion/
Expansion
Other: Admin. Determination
"ROPosAL: (description of proposed buildings, uses, modifications, etc.)
Clarification regarding allowable Floor Area for parcel.
lave you attached the following? FEES DITE: $ $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 Creek Uubo Pfister rive; Aspen,
Zone District: Rural Residential (RR)
Lot Size: 3.06 Ac.
Lot Area: 1337000 + - sq • tt.
(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):
0
1
5W
DIMENSIONS:
Floor Area: Existing: 0 Allowable: 10k Prroposed: 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.,
j Required:
per plat
Proposed:
per permit
Combined F/R:
Existing.
—Required.-
per plat
Prroposed: per permit
Side Setback:
Existing.• !
Required:
per plat
Proposed: per permit
Side Setback:
Existing: Required:
per plat
proposed: per permit
Combined Sides:
Existing:
Required:
per plat
Prroposed: per permit
Distance Between
Existing
Reg1th-ed.•
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 by
the property owner or Attorney representing the property owner.
Name: Bob Bowden; Jackson 43 Investments LLC
Property -
Owner ("I'T Email: bob@bobbowden.com Phone No.:'970.544 2000 �
Address of Lot 43, Maroon Creek Club °
p y
Pro ert : 651 Pfister Drive'
(subject of
application) Aspen, CO 81611
certify as follows: (pick one)
❑ This property is not subject to a homeowners association or other form of private covenant.
This property is subject to a homeowners association or private covenant and the improvements
proposed in this land use application do not require approval by the homeowners association or
covenant. beneficiary.
❑ This property is subject to a homeowners association or private covenant and the improvements
proposed in this land use application have been approved by the homeowners association or
covenant beneficiary.
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. I
understand that this document is a public document.
Owner signature:
Owner printed namq: Bob B
or,
Attorney signature:
Attorney printed name:
date: L� I (t'
en,,Jackson�43 Investments LLC
date:
RETAIN'�
Agreement to Pay Application Fees
Anagreement between the City of Aspen ("City") and t�
Property Bob Bowden; Phone No.: 970-544-2000
Owner ("I"): Jackson 43 Investments LLC Email: bob@bobbowden.com a
Address of Lot 43, Maroon Creek Club Billing 625 E. Main Street #102A
Property: Address: Aspen
(subject of 651 Pfister Drive , CO 81611 (send bills here)
application) Aspen, CO 81611
I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications
and the payment of these fees is a condition precedent to determining application completeness. I understand
that as the property owner that I am responsible for paying all fees for this development application.
For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these
flat fees are non-refundable.
$.0 flat fee for Select Dept $ 0 flat fee for Select Dept
$0
flat fee for Select Dept $ 0 flat fee for Select Review
For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed
project, it is not possible at this time to know the full extent or total costs involved in processing the application. I
understand that additional costs over and above the deposit may accrue. I understand and agree that it is
impracticable for City staff to complete processing, review, and presentation of sufficient information to enable
legally required findings to be made for project consideration, unless invoices are paid in full.
The City and I understand and agree that invoices mailed by the City to the above listed billing address and not
returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30
days of presentation of an invoice by the City for such services.
I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment.
I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment
of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs
exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the
processing of my application at the hourly rates hereinafter stated.
$ 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: Property Owner:
Jessica Garrow
Community Development Director
Name: Bob Powdel
Principal, Jackson 43'Jnvestments LLC
City Use: 325 Title:
Fees Due: $ Received: $ Z
. o0