HomeMy WebLinkAboutLand Use Case.42 Maroon Creek Club.0077.2015.ASLUTHE 'CITY CIF ASPEN
City of Aspen Community Development Department
CASE NUMBER 0077.2015.ASLU
PARCEL ID NUMBERS 273511209042
PROJECT ADDRESS 0 LOT 42 MAROON CREEK CLUB
PLANNER JUSTIN BARKER
CASE DESCRIPTION APPLICATION FOR LAND USE —
ENVELOPE ADJUSTMENT —
REFERRALS TO PARKS AND
ENGINEERING
REPRESENTATIVE BOB BOWDEN
DATE OF FINAL ACTION 12/22/201S
CLOSED BY JACKIE KASABACH 1/14/2016
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Permit type JAspen Land Use Permit # 00772015.ASLU
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Address 0 LOT 42 MAROON CREEK CLB Apt/Suite
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City JASPEN State CO I . Zip 81611
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Permit Information - - -
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permit Routing queue aslul5 Applied 08/21/2015
Project �— Status pending Approved
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Description APPLICATION FOR LAND USE - ENVELOPE AJUSTMENT - REFERRALS TO PARKS Issued
AND ENGINEERING i
Closed/Final
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Submitted IBOB BOWDEN 970 6444 2000 Clock Running Days Flo Expires 08115?2016
Submitted via
Owner
Last name IBROKEN HILL 3 LLC First name 314 S GALENA ST
ASPEN CO 81611
Phone () Address
Applicant
R Owner is applicant? ❑ Contractor is applicant?
Last name IBROKEN HILL 3 LLC I .. First name 314 S GALENA ST
ASPEN CO 81611
Phone O - Cust # 30167 —� Address
Email
Lender
Last name First name
Phone ( ) Address
,Displays the permit owner's first name JAspenGoId5 (server, angelas 1 of 1
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RECEPTION#: 625793, 12/22/2015 at 11:35:45 AM, 1 OF 1, R $11.00
Janice K. Vos Caudill, Pitkin County, CO PLAT EK 113 PG 14
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THE. CITY C1F ASPEN
Land Use Application
Determination of Completeness
Date: August 18, 2015
Dear City of Aspen Land Use Review Applicant,
We have received your land use application for Lot 42, Maroon Creek Club — Envelope
Adjustment and have reviewed it for completeness.
❑ Your Land Use Application is incomplete:
Please submit the following missing submission items so that we may begin reviewing your
application. No review hearings will be scheduled until all of the submission contents listed
above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing
the land use application.
XYour Land Use Application is complete:
If there are not missing items listed above, then your application has been deemed complete.
Please submit the following to begin the land use review process.
1) Review deposit of $2,225.00.
Other submission items may be requested throughout the review process as deemed necessary by
the Community Development Department. Please contact me at 429-2797 if you have any
questions.
Thank You,
J n Barker, Planner
City of Aspen, Community Development Department
For Office Use Only: Qualifying Applications:
Mineral Rights No ice Required New PD
Yes Cz Subdivision, or PD (creating more than 1 additional lot)
GMQS Allotments Residential Affordable Housing
Yes Now Commercial E.P.F. Lodging
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THE CITY OF ASPEN
Land Use Application
Determination of Completeness
Date: August 12, 2015
Dear City of Aspen Land Use Review Applicant,
We have received your land use application for Lot 42, Maroon Creek Club — Envelope
Adjustment and reviewed it for completeness.
ICI Your Land Use Application is incomplete:
Please submit the following missing submission items.
1) _ Graphic description of proposal. A draft plat, completed by a CO licensed surveyor,
showing the proposed adjustment is required to be submitted
❑ Your Land Use Application is complete: .
If there are not missing items listed above, then your application has been deemed complete.
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,
I
nnifert
Ian, Deputy Planning Director
City of n, 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 1 additional lot)
Residential Affordable Housing
Commercial E.P.F. Lodging
FV"TMIN FnA
Agreement to Pay Application Fees
Anagreement between the Cityof As en and
Property Broken Hill 3 LLC c/o Bob Bowden Phone No.: bob@bobbowden.com 970-544-2000
Owner ("I"):
Email:
Address of Lot 42 Maroon Creek Club, Asp en, Billing
Property: CO 81611 Address; 625 E Main St Suite 102A
(subject of (send bills here) Aspen, CO 81611
application)
I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications
and the payment of these fees is a condition precedent to determining application completeness. i understand
that as the property owner that I am responsible for paying all fees for this development application.
For flat fees and referral fees:
flat fees are non-refundable.
$. 0 flat fee for Park,.0
I agree to pay the following fees for the services indicated. I understand that these
$ 0 flat fee for Select Dept
$_ 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, 1 agree to pay additional monthly billings to the City to reimburse the City for the
processing of my application at the hourly rates hereinafter stated.
$ 1 , 300 deposit for 4 hours of Community Development Department staff time. Additional
above the deposit amount will be billed at $325 per hour. time
$ 275 Vdeposit for 1 hours of Engineering
g eermg Department staff time. Additional time above the
deposit amount will be billed at $275 per hour.
City of Aspen: P operty O
Chris Bendon
Community Development Director
Name: 139fS13awden
City use: 2225 Title: Owners Representative
Fees Due: $ Received: $
V
AUG 0 2015
CITY OF ASPEN
PRE -APPLICATION CONFERENCE SUMMARY
PLANNER: Justin Barker, 970.429.2797 DATE: 3/24/2015
PROJECT: Maroon Creek Club, Lot 42
REPRESENTATIVE: Kara Thompson, Forum Phi, 970.615.0878
REQUEST: Insubstantial PD Amendment
DESCRIPTION:
The subject site is Lot 42 of the Maroon Creek Club and is zoned RR. The potential applicant is interested in adjusting the
development envelope in order to change the driveway access location from the southwest portion of the site to the northwest.
No additional square footage is proposed. Building and development envelopes were established for this lot on the Final
Subdivision Plat & PUD for Maroon Creek Club (Book 33, Page 11).
An envelope adjustment will require an insubstantial amendment to the Planned Development and approval of the Home
Owners Association (form attached).
Below are links to the Land Use Application form and Land Use Code for your convenience:
Land Use App:
http://www.aspenpitkin.com/Portals/0/docs/City/Comdev/Apps%20and%20Fees/2013%201and%20use%20app%20form.pdf
Land Use Code:
http://www.aspenpitkin.com/Departments/Community-Development/Planning-and-zoning/Title-26-Land-Use-Code/
Land Use Code Section(s)
26.304 Common Development Review Procedures
26.445.110.A Insubstantial Amendments
Review by: Staff for complete application
Engineering
Parks
Public Hearing: None required
Planning Fees: Planning Deposit — Review Type ($1,300 for 4 hours)
Referral Fees: Engineering (per hour) - $275
Parks - $650 flat fee
Total Deposit: $2,225 (additional planning hours over deposit amount are billed at a rate of $325/hour;
additional engineering hours over deposit are billed at a rate of $275/hour)
To apply, submit the following information:
❑ Completed Land Use Application and signed fee agreement.
❑ Pre -application Conference Summary (this document).
ASLU
Subdivision
Lot 42, Maroon Creek Club
273511209042
1
❑ Street address and legal description of the parcel on which development is proposed to occur, consisting of a
current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance
report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property,
and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and
demonstrating the owner's right to apply for the Development Application.
❑ Applicant's name, address and telephone number in a letter signed by the applicant that states the name,
address and telephone number of the representative authorized to act on behalf of the applicant.
❑ HOA Compliance form (Attached)
❑ A written description of the proposal and an explanation in written, graphic, or model form of how the proposed
development complies with the review standards relevant to the development application and relevant land use
approvals associated with the property.
❑ A site improvement survey (no older than a year from submittal) including topography and vegetation showing the
current status of the parcel certified by a registered land surveyor by licensed in the State of Colorado.
❑ Written responses to all review criteria.
❑ An 81/2" by 11" vicinity map locating the parcel within the City of Aspen.
❑ 1 Complete Copy. If the copy is deemed complete by staff, the following items will then need to be
submitted:
❑ 2 Copies of the complete application packet and, if applicable, associated drawings.
❑ Total deposit for review of the application.
❑ A digital copy of the application provided in pdf file format.
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current
zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The
summary does not create a legal or vested right.
2
stewart title
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Date: August 10, 2015
File Number: 01330-51709- Amendment No. C2
Property: TBD TBD, Aspen, CO 81611
Please direct all Closing inquiries to:
Priscilla Prohl-Cooper
Phone: (970) 925-3577 Fax: (866) 277-9353
Email Address: pprohl@stewart.com
SELLER:
Broken Hill 3 LLC
Delivery Method: Emailed
Stewart Title - Aspen
620 East Hopkins Ave
Aspen, CO 81611
Please direct all Title inquiries to:
Kurt Beereboom
Phone: (970) 300-3149
Email Address: kurt.beereboom@stewart.com
BUYER:
TBD
Delivery Method: Emailed
We Appreciate Your Business and Look Forward to Serving You in the Future.
Stewart Title - Aspen
620 East Hopkins Ave
Aspen, CO 81611
(970) 925-3577
Escrow Number: 01330-51709
WIRING INSTRUCTIONS
US Bank
535 Westminster Mall
Westminster, CA 92683
Beneficiary:
STEWART TITLE
ACCOUNT #: 153910695078
Routing/Transit #: 123000848
PLEASE REFERENCE:
Escrow Number:
01330-51709
Escrow Officer:
Priscilla Prohl-Cooper
Property Address:
TBD TBD
Aspen, CO 81611
Buyer/Borrower:
TBD
"Please be aware Stewart Title cannot acceptACH'S to our Escrow Account"
File No.: 01330-51709 Page 1 of 1
ALTA Commitment (6/17/06)
ALTA Commitment Form
COMMITMENT FOR TITLE INSURANCE
Issued by
STEWART TITLE GUARANTY COMPANY
STEWART TITLE GUARANTY COMPANY, a Texas Corporation ("Company"), for a valuable consideration, commits to issue
its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as
owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums
and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions
of this Commitment.
This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies
committed for have been inserted in Schedule A by the Company.
All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the
policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not
the fault of the Company.
The Company will provide a sample of the policy form upon request.
This Commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory.
IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be affixed by its duly
authorized officers on the date shown in Schedule A.
Countersigned by:
title guaranty company
(Matt Morris
Authorized Countersignature
president and CEPS
Stewart Title -Aspen40
+ _�
620 East Hopkins Ave
1908
Aspen, CO 81611
970 925-3577
<�=P Denise C rraux
Secretary
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. 01330-51709
004-UN ALTA Commitment (6/17/06)
f1MERICAN
I,AND IpIIB.
CONDITIONS
The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument.
If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other
matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in
Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved
from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced
by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if
the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other
matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall
not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions.
Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties
included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in
reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions
shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this
Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies
committed for and such liability is subject to the insuring provisions and Conditions and the Exclusions from Coverage
of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by
reference and are made a part of this Commitment except as expressly modified herein.
This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of
the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against
the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered
by this Commitment must be based on and are subject to the provisions of this Commitment.
5. The policy to be issued contains an arbitration clause. 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 as the exclusive remedy of the
parties. You may review a copy of the arbitration rules at< http://www.a1ta.org1>.
All notices required to be given the Company and any statement in writing required to be furnished the Company shall be
addressed to it at P.O. Box 2029, Houston, Texas 77252.
Copyright 2006-2009 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. A M [ Ri CAN
All other uses are prohibited. Reprinted under license from the American Land Title Association. J nu P 111 l 1
Attil ti lAllltN
File No. 01330-51709
004-UN ALTA Commitment (6/17/06)
ry
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
File No.: 01330-51709- Amendment No. C2
1. Effective Date: August 04, 2015, at 8:00 A.M.
2. Policy or Policies to be issued:
(a) A.L.T.A. Owner's Policy 2006 (Extended)
Proposed Insured:
.E
(b) A.L.T.A. Loan Policy 2006 (Standard)
Proposed Insured:
Amount of Insurance
3. The estate or interest in the land described or referred to in this Commitment and covered herein is:
Fee Simple
4. Title to the said estate or interest in said land is at the effective date hereof vested in:
Broken Hill 3, LLC
5. The land referred to in this Commitment is described as follows:
Lot 42,
Maroon Creek Club,
as shown on the Final Plat and PUD for Maroon Creek Club recorded November 15, 1993 in Plat Book 33 at Page 4
County of Pitkin, State of Colorado
Purported Address:
TBD TBD
Aspen, CO 81611
STATEMENT OF CHARGES
These charges are due and payable
before a policy can be issued
Basic Rate
Copyright 2006-2009 American Land Title Association. All rights reserved.E
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. kM1 kik AN
All other uses are prohibited. Reprinted under license from the American Land Title Association. `A-411 r' f i c
File No. 01330-51709 Page 1 of 1 STEWART TITLE - Axis. 4 }}'n 14
CO STG ALTA Commitment Sch A STO GUARANTY COMPANY g
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B
PART I
File No.: 01330-51709-Amendment No. C2
The following are the requirements to be complied with:
1. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate or
interest to be insured.
2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for
record.
3. Evidence satisfactory to Stewart Title Guaranty Company of payment of all outstanding taxes and assessments as
certified by the County Treasurer.
4. Execution of Affidavit as to Debts and Liens and its return to Stewart Title Guaranty Company.
NOTE: If work has been performed on, or in connection with, the subject property (architectural drawings, soils
testing, foundation work, installation of materials), please notify the Company's escrow officer within 10 days of
receipt of this title commitment.
5. Payment of any and all Homeowners assessments and expenses which may be assessed to the property.
6. Evidence satisfactory to Stewart Title Guaranty Company of payment of all outstanding taxes and assessments as
certified by the County Treasurer.
7. Evidence satisfactory to Stewart Title of Colorado, Inc. furnished by the Office of the Director of Finance, City of
Aspen, that the following taxes have been paid, or that conveyance is exempt from said taxes:
(1) The "Wheeler Real Estate Transfer Tax" pursuant to Ordinance No. 20 (Series of 1979) and
(2) The "Housing Real Estate Transfer Tax" pursuant to Ordinance No. 13 (Series of 1990).
8. THE FOLLOWING REQUIREMENT IS FOR DELETION OF SURVEY EXCEPTIONS 2 AND 3 OF THE OWNERS
POLICY:
A SURVEY, prepared by a registered Colorado surveyor, within the last TWO MONTHS, must be presented to
Stewart Title Guaranty Company, for its approval prior to the deletion of any survey exceptions from the OWNERS
POLICY.
Stewart Title Guaranty reserves the right to take exception to any adverse matters as shown on said survey, or
make further inquiry or requirements relative thereto.
Said Survey, must be certified to Stewart Title of Colorado and/or Stewart Title Guaranty Company.
9. Relating to Broken Hill 3 LLC, The Company requires for its review the following:
a) Copy of the "Articles of Organization", the Operating Agreement and the regulations of the limited liability
company and any amendments thereof
b) A certificate of good standing, evidencing that the company is in good standing in the state of its formation
c) Execution and recordation of Statement of Authority pursuant to the provisions of Section 38-30-172 C.R.S.
Note: At the time the Company is furnished these items, the Company may make additional requirements or
exceptions.
10. Relating to Dakota Land & Investment Company, The Company requires for its review the following:
a) Copy of the "Articles of Organization", the Operating Agreement and the regulations of the limited liability
company and any amendments thereof
Copyright 2006-2009 American Land Title Association. All rights reserved.r
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. Agar kit'tirQ
All other uses are prohibited. Reprinted under license from the American Land Title Association. ss"
File No. 01330-51709 Page 1 of 2 STEWART TITLE
CO STG ALTA Commitment Sch B I GUARANTY COMPANY
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B
PART I
b) A certificate of good standing, evidencing that the company is in good standing in the state of its formation
c) Execution and recordation of Statement of Authority pursuant to the provisions of Section 38-30-172 C.R.S.
Note: At the time the Company is furnished these items, the Company may make additional requirements or
exceptions.
11. Deed from vested owner(s) vesting fee simple title in the purchaser(s).
NOTE: Notation of the legal address of the grantee must appear on the deed as per 1976 amendment to statute
on recording of deeds CRS 38-35-109 (2).
NOTE: The vesting deed is shown as follows: Special Warranty Deed with Restrictions recorded June 20, 1994 in
Book 753 at Page 757.
Approval to issue this policy must be obtained from authorized Underwriting Personnel of Stewart Title Guaranty
Company. This commitment and any policies to be issued are subject to any additional limitations, requirements or
exceptions made by Stewart Title Guaranty Company.
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. 01330-51709
CO STG ALTA Commitment Sch B
Page 2 of 2 STEWART TITLE
GUARANTY COMPANY
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B
PART II
File No.: 01330-51709- Amendment No. C2
Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same
are disposed of to the satisfaction of the Company:
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. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records
or attaching subsequent to the Effective Date but prior to the date the proposed Insured acquires for value of
record the estate or interest or mortgage thereon covered by this Commitment.
6. (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.
7. Water rights, claims or title to water.
8. Any and all unpaid taxes and assessments and any unredeemed tax sales.
9. 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.
10. 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 and Right of Way for ditches and canals as reserved in United
States Patent, recorded August 26, 1911 in Book 55 at Pace 191 as Reception No. 74888, recorded March 15,
1892 in Book 55 at Page 21, recorded August 26, 1911 in Book 55 at Page 189, recorded June 16, 1944 in Book
167 at Page 562 and recorded May 20, 1953 in Book 180 at Page 155, recorded September 13, 1934 in Book 162
at Page 400.
11. Terms, conditions, obligations, provisions and easements of 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 Pace 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. Terms, conditions, obligations and provisions of Subdivision Improvement Agreement for Maroon Creek Club
(formerly Pfister Ranch/Golf) as set forth in instrument 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.
Copyright 2006-2009 American Land Title Association. All rights reserved. �01
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. 01330-51709 Page 1 of 3 STEWART TITLE
CO STG ALTA Commitment Sch B 11 STO GUARANTY COMPANY r �``
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B
PART II
400129 and Amendment recorded March 10, 2000 as Reception No. 441279.
13. Terms, conditions, obligations, provisions, easements and rights of way 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.
14. Terms, conditions, obligations and provisions of 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 as set forth in instrument 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 MinorAmendment
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.
15. Terms, conditions, obligations and provisions of 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, as set forth in instrument recorded
November 12, 1993 in Book 730 at Page 690 as Reception No. 363242.
17. Terms, conditions, obligations, and provisions of Water Service Agreement as set forth in instrument 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 as set forth in instrument 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 May 15, 1997 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. Terms, conditions, obligations, provisions and easements of 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
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. 01330-51709 Page 2 of 3 STEWART TITLE
CO STG ALTA Commitment Sch B 11 STO GUARANTY COMPANY fi-
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B
PART II
rerecorded November 12, 1993 in Book 730 at Page 739 as Reception No. 363249; 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.
21. Mineral Rights disclosed on Deed recorded February 17, 1994 in Book 742 at Page 97.
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. Restrictions and Reservations contained in Warranty Deed recorded June 20, 1994 in Book 753 at Page 757.
24. Notice of Approval recorded February 29, 2012 as Reception No. 587075.
25. Agreement regarding Maroon Creek Club Roads and Common Area recorded September 22, 1999 as Reception
No. 435797.
26. Ordinance recorded October 23, 2014 as Reception No. 614783.
27. Any Leases and Tenancies.
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. 01330-51709
CO STG ALTA Commitment Sch B I I STO
Page 3 of 3 STEWART TITLE
GUARANTY COMPANY
DISCLOSURES
File No.: 01330-51709
Pursuant to C.R.S. 10-11-122, notice is hereby given that:
A. THE SUBJECT REAL PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT;
B. A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION SHALL BE OBTAINED FROM THE
COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT,
C. INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE
OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR
THE COUNTY ASSESSOR
Note: Colorado Division of Insurance Regulations 3-5-1, Subparagraph (7) (E) requires that "Every title entity shall be
responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the
closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed."
Provided that Stewart Title - Aspen conducts the closing of the insured transaction and is responsible for recording the
legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lender's
Title Policy when issued
Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception No. 4 of
Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following
conditions:
A. The land described in Schedule A of this commitment must be a single-family residence, which includes a
condominium or townhouse unit.
B. No labor or materials have been furnished by mechanics or materialmen for purposes of construction on the land
described in Schedule A of this Commitment within the past 6 months.
C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled Mechanic's and
Materialmen's Liens.
D. The Company must receive payment of the appropriate premium.
E. If there has been construction, improvements or major repairs undertaken on the property to be purchased, within
six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will
include: disclosure of certain construction information; financial information as to the seller, the builder and/or the
contractor; payment of the appropriate premium; fully executed Indemnity agreements satisfactory to the
company; and, any additional requirements as may be necessary after an examination of the aforesaid information
by the Company.
No coverage will be given under any circumstances for labor or material for which the insured hascontracted for or
agreed to pay.
To comply with the provisions of C.R.S. 10-11-123, the Company makes the following disclosure:
a. That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the
surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other
minerals, or geothermal energy in the property; and
b. That such mineral estate may include the right to enter and use the property without the surface owner's
permission.
NOTE: THIS DISCLOSURE APPLIES ONLY IF SCHEDULE B, SECTION 2 OF THE TITLE COMMITMENT HEREIN
INCLUDES AN EXCEPTION FOR SEVERED MINERALS.
NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE
COVERAGES REFERRED TO HEREIN, UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED.
File No.: 01330-51709
CO Commitment Disclosure
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.: 01330-51709 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
Yes
No
business and managing customer accounts, such as processing
transactions, mailing, and auditing services, and responding to court
orders and legal investigations.
For our marketing purposes— to offer our products and services to
Yes
No
you.
For joint marketing with other financial companies
No
We don't share
For our affiliates' everyday business purposes— information
about your transactions and experiences. Affiliates are companies
related by common ownership or control. They can be financial and
Yes
No
non -financial companies. Our affiliates may include companies with a
Stewart name; financial companies, such as Stewart Title Company
For our affiliates' everyday business purposes— information
No
We don't share
about your creditworthiness.
For our affiliates to market to you —For your convenience,
Yes
Yes, send your first and last name, the email
Stewart has developed a means for you to opt out from its affiliates
address used in your transaction, your
marketing even though such mechanism is not legally required.
Stewart file number and the Stewart office
location that is handling your transaction by
email to optout@stewart.com or fax to
1-800-335-9591.
For non -affiliates to market to you. Non -affiliates are companies
No
We don't share
not related by common ownership or control. They can be financial
and non -financial companies.
How often do the Stewart Title Companies notify me
We must notify you about our sharing practices when you request a
about their practices?
transaction.
How do the Stewart Title Companies protect my
To protect your personal information from unauthorized access and use, we
personal information?
use security measures that comply with federal law. These measures
include computer, file, and building safeguards.
How do the Stewart Title Companies collect my
We collect your personal information, for example, when you
personal information?
■ request insurance -related services
■ provide such information to us
We also collect your personal information from others, such as the real
estate agent or lender involved in your transaction, credit reporting agencies,
affiliates or other companies.
What sharing can I limit?
Although federal and state law give you the right to limit sharing (e.g., opt out)
in certain instances, we do not share your personal information in those
instances.
CONSENT AND AUTHORIZATION TO REPRESENT
Broken Hill 3 LLC
Lot 42 Maroon Creek Club
Aspen, CO 81611
City of Aspen Community Development Department
130 South Galena Street, 3rd Floor
Aspen, Colorado 81611
RE: Lot 42 Maroon Creek Club
Dear Director,
August 5, 2015
This letter shall serve as my approval for Broken Hill 3 LLC (represented by Forum Phi) to apply for and
submit land use applications, building permit applications, and subsequent documentation for the
property at Lot 42, Maroon Creek Club, Aspen CO, 81611. 1 authorize Forum Phi to submit, represent
and obtain materials on the behalf of the owner of Lot 42, Maroon Creek Club, Aspen CO, 81611.
I hereby authorize Steev Wilson and Forum Phi to perform and submit documents related to planning,
Building Permit Application, or to gain building file information on our behalf for the project located at
Lot 42, Maroon Creek Club, Aspen CO, 81611. They may represent us during the application review and
approval processes. They may act on our behalf, may sign on our behalf all applications and permits, and
any documents required or ancillary thereto.
Steev Wilson, Partner, AIA
Forum Phi Architecture
715 W Main Street, Ste 204
Aspen, CO 81611
Sincerely,
Owner Signature Date
barns.((
Owner Printed Name
ARCHITECTURE I INTERIORS I PLANNING
Homeowner Association Compliance Policy
All land use applications within the City of Aspen are required to include a Homeowner Association
Com liance 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 sJgned by
the property owner or Attorney representing the property owner.
Property Name: Broken Hill 3 LLC
Owner ("I" ): Email: Phone No.:
bob@bobbowden.com 70-544-2000
Address of Lot 42, Maroon Creek Club, Aspen CO 81611
Property:
(subject of
application)
I certify as follows: (pick one)
❑ This property is not subject to a homeowners association or other form of private covenant.
❑ This property is subject to a homeowners association or private covenant and the
improvements proposed in this land use application do not require approval by the homeowners
association or covenant beneficiary.
0 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.
I 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: ��? I�kS.� date: S B
Owner printed name:harreu-IMOA.,ro� Nil
or,
Attorney signature:
Attorney printed name:
date:
ATTACHMENT 2 —LAND USE APPLICATION
PROJECT:
Name: Lot 42
Location: Lot 42, Maroon Creek Club, Aspen CO 81611
(Indicate street address, lot & block number, legal description where appropriate)
Parcel ID # (REQUIRED) 273511209042
A ""T T!' A Mr .
L-1rrLll.Hlr 1 .
Name: Broken Hill 3 LLC
Address: Lot 42 Maroon Creek Club, Aspen CO 81611
Phone #:
REPRESENTATIVE:
Name: Steev Wilson
Address: 715 W Main Street, Suite 204, Aspen CO
Phone #: 970-279-4109
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
X❑ Final PUD (& PUD Amendment)
❑ Subdivision
❑ Subdivision Exemption (includes
condominiumization)
❑ Lot Split
❑ Lot Line Adjustment
EXISTING CONDITIONS• (description of existing buildings, uses, previous approvals, etc.)
The existing lot is vacant with the Access platted to the south of the lot.
❑
Temporary Use
❑
Text/Map Amendment
❑
Conceptual SPA
❑
Final SPA (& SPA
Amendment)
❑ Small Lodge Conversion/
Expansion
❑ Other:
'ROPOSAL• (description of proposed buildings, uses, modifications, etc.)
We are proposing to flip the location of the Development Envelope for access to the lot along Pfister Drive from the South of the Lot to the North of the lot.
Have you attached the following? r LES DUE: 1�
❑ 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: Lot 42
Applicant: Broken Hill 3 LLC
Location: Lot 42, Maroon Creek Club, Aspen CO 81611
Zone District: RR
Lot Size: 121,445.3 SF
Lot Area: 2.788 Acres
(for the purposes of calculating Floor Area, Lot Area may be reduced for areas
within the high water mark, easements, and steep slopes. Please refer to the
definition of Lot Area in the Municipal Code.)
Commercial net leasable: Existing: 0 Proposed:
Number of residential units: Existing: 0 Proposed:
Number of bedrooms: Existing: 0 Proposed:
Proposed % of demolition (Historic properties only):
DIMENSIONS:
I
I
Floor Area:
Existing:
0
Allowable:
10000
Proposed:
0
Principal bldg. height:
Existing:
0
Allowable:
28
Proposed:
0
Access. bldg. height:
Existing:
0
Allowable:
28
Proposed:
0
On -Site parking:
Existing:
n/a
Required:
n/a
Proposed..
n/a
% Site coverage:
Existing:
na/
Required:
n/a
Proposed:
n/a
% Open Space:
Existing:
n/a
Required:
n/a
Proposed.•
n/a
Front Setback:
Existing:
n/a
Required:
n/a
Proposed:
n/a
Rear Setback:
Existing:
n/a
Required:
n/a
Proposed..
n/a
Combined F/R:
Existing:
n/a
Required:
n/a
Proposed:
n/a
Side Setback:
Existing:
n/a
Required:
n/a
Proposed.•
n/a
Side Setback:
Existing:
n/a
—Required.*
n/a
Proposed:
n/a
Combined Sides:
Existing:
n/a
Required:
n/a
Proposed:
n/a
Distance Between
Existing
n/a Required:
n/a Proposed: n/a
Buildings
Existing non -conformities or encroachments:
Variations requested: none
none
Insubstantial PD Amendment
Review Criteria
Lot 42 Maroon Creel< Club
July 27, 2015
Applicable Land Use Codes:
26.304 Common Development Review Procedures
The proposed application conforms to all Common Development Review Procedures.
26.445.110.A Insubstantial Amendments
The purpose of Planned Development review is to encourage flexibility and innovation in the
development of land which:
A. Promotes the purposes, goals and objectives of applicable adopted regulatory plans.
The proposed Envelope adjustment promotes the goals and objectives of the Maroon Creek Club Master
Association in that flipping the location of the access to the Lot will allow it to be hidden from view to the
golf course with the proposed development. The adjustment creates a more private entrance to the Lot.
ARCHITECTURE ( INTERIORS I PLANNING
WILLIAM CLINTON L U KES
A R C H I T E C T
Friday, July 24, 2015
Steev Wilson
Forum Phi Architects
715 West Main Street, Suite 20
Aspen, Colorado 81611
sent via email
re: Maroon Creek Club lot 42
Site and Architecture Review Committee Approvals
Steev:
This will confirm that the Site and Architecture Review Committee of the Maroon Creek Club Master
Association, by a vote of the Committee members present at the July 23, 2015 meeting, granted the
following approval:
Schematic Plan Architectural and Landscape Approval for Lot 42 as provided by the
Maroon Creek Club Design Guidelines based on plans received on 7/2/2015.
This is a preliminary approval. Approval to proceed with any construction or work
on site was not included in the approval granted.
By the vote of the Committee members present, this approval is subject to the following conditions:
Standard Conditions of Approval:
1. No variances from the Maroon Creek Club Design Guidelines are given or implied by this approval,
except as specifically identified herein.
2. At the time of application for Final [Construction Document] Review, the owner must have;
a. Signed and returned the Maroon Creek Club Master Association Compliance and
Construction Completion Guaranty. This document can be downloaded from the Maroon
Creek Club web page at www.williamlukes.com .
b. Provided a Letter of Credit or equivalent financial security in the amount of One Hundred
Thousand Dollars [$100,000.00] provided in a form and from a source as is acceptable to
the Association, all as provided in the Maroon Creek Club Master Association Compliance
THE LAKESIDE STUDIO 801 LAKESIDE DRIVE CARBONDALE COLORADO 81 623-3109 PHONE 970 963 8025
WWW.WILLIAMLUKES.COM
and Construction Completion Guaranty. The approved language and form for a letter of
credit is available at www.williamlukes.com.
Paid the current Road Impact Fee of $1.25 per gross square foot of enclosed building,
whether heated or unheated, above grade or below grade, as such fee is calculated by the
MCC Architectural Advisor. Priorto applying for Final Approval, Architect will submit plans
to the Architectural Advisor with floor area calculations shown as is required for a permit
application so that Consulting Architect can determine the Road Impact Fee and advise
the applicant of the amount due.
Prior to the start of any construction on site, the owner must have completed the following:
a. Signed and returned the Agreement Regarding Final Landscape and Irrigation Plans which
provides that the owner agrees to immediately cease all construction activity on the site
upon written notice from the Association if the Site and Architecture Review Committee
has not approved a final landscape plan. Such notice may be sent at any time after a
date forty-five (45) calendar days after the date of Final (construction document)
Architectural Approval. The owner must further stipulate that construction activity will not
resume until a final landscape plan is approved by SARC. This document is required
only iffinallandscape and grading approval is notreceived at the same time as final
architectural approval. This document is available at www.williamlukes.com .
Specific Conditions of Approval:
1. Additional items required to be submitted to SARC for review and approval;
a. All items required in the Design Guidelines for final review,
b. Samples of proposed materials and colors for all exterior materials and driveway.
C. A construction schedule showing compliance with the DG.
d. City of Aspen approval for modification of the Development Envelope to allow the location
of the driveway at the northern corner.
2. Drawings for final review must address the following;
a. Show all heights of retaining walls and the grades adjacent to retaining walls so
compliance can be determined.
b. Compliance with the DG as regards a/c units.
C. The average height of the 30 spruce trees required to be planted below the house do not
quite meet the requirement for a 20' average height; 4 of the 15' trees will need to be
changed to 25' trees.
d. Site drainage from the existing outlet pipe and compliance with the previous letter
regarding access for maintenance and repairs.
e. Exterior lighting.
3. The schematic approval includes tentative variances for the following items as shown on the
drawings, subject to Final Approval by the SARC;
a. Variances from the requirements for minimum roof pitches and the amount of roofs having
less than a 3:12 pitch.
b. Heights of walls on the west elevation exceeding 20' from the ground to the eave where
part of that height is within a lightwell.
C. Length and width of the proposed main level terrace at the southeast corner of the house,
and a variance for having that terrace appear to be cantilevered rather than supported by
building masses.
4. Terraces and other improvements outside of the Building Envelope must comply with the
requirements of the 2012 Insubstantial Amendment to the Plat for large lot Development
Envelopes.
5. The Development Envelope must be fenced during construction and all construction and storage
THE LAKESIDE STUDIO 801 LAKESIDE DRIVE CARE30NDALE COLORADO 81 623-3109 PHONE 970 963 8025
WWW.WILLIAMLUKES.COM
confined to that area. The only construction that is approved within the Natural Areas includes 1)
planting of approved trees, 2) approved irrigation for those trees, and 3) grading and other
construction associated with the piped drainage outlet, as may be approved at Final Review.
6. Temporary screening by means of fencing with "opaque" fabric or other privacy measures are
generally required for construction sites that are immediately adjacent to golf play areas at MCC.
It is possible that such measures will be required during the construction phase for this home, but
the extent has not been determined. Construction fencing will be required to be placed, and
approved by the Architectural Advisor, prior to any work on site.
7. Drawings submitted for final review will have to spell out construction management measures
proposed to ensure that there will not be construction parking along Pfister Drive.
Please be advised that the approvals granted by Pitkin County for the Maroon Creek Club require that the
Club obtain a written certification, signed by a licensed architect, as to the floor areas for the project,
calculated by the method specified in the approvals, and that this certification also be included in any
application for a building permit.
IMPORTANT NOTES:
Construction that is either not in full accordance with the approved documents
or that has not been approved in advance will result in substantial fines being levied
against the property owner. Funds used to secure the Construction and Completion Guaranty
may be collected by the Master Association to pay any fines that are assessed.
Approval by the Site and Architecture Committee of the Maroon Creek Club Master Association
does not constitute an assurance that the design of the project or the application complies with
all applicable provisions of the County approvals for the Maroon Creek Club or that a building
permit will be issued. It is the owner's responsibility to obtain building and other permits as may
be required by the City of Aspen.
Please let me know if you have any questions regarding the Committee's action, or if we can be of any
further assistance. We will send you separately one set of the approved plans for the owner's records.
Cordially,
THE LAKESIDE STUDIO
for the Maroon Creek Club Master Association
William Lukes, Architect
Architectural Advisor to SARC
copies: All SARC members
Sarah Korpela Luxury Estate Managers of Aspen
Association Management
Hal Dishler Association Counsel
THE LAKESIDE STUDIO 801 LAKESIDE DRIVE CARBONDALE COLORADO 81623-3109 PHONE 970 963 8025
WWW.WILLIAMLUKES.COM
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F----- ----------
NEW DEVELOPMENT
r— ENVELOPE AREA TO
BE ADDED
---------------
LOT 42
MAROON CREEK CLUB
LOT SIZE: 2.788 AC
ZONE DISTRICT R•15
EXISTING
DEVELOPMENT
ENVELOPE AREA TO
BE REMOVED
BVILDI G
ENVELOPE —
DEVELOPM
NT ENV -CT -
PROP - I
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PROPOSED ENVELOPE ADJUSTMENT 1/16"= V-0"
715 West Main Street, Suite 204
Aspen, Colorado 81611
P: 970.279.4157 F: 866.770.5585
LOT 42
LOT 42 MAROON CREEK
CLUB, ASPEN, CO, 81611,
USA
CONSULTANTS
SURVEYOR
Tuttle Surveying Services
727 Blake Avenue
Glenwood Springs, CO 81601
P:970-928-9708
F:970-947-9007
Jeff@tss-us.com
CIVIL
MECHANICAL
STRUCTURAL
CONTRACTOR
TB D
7/28/15 DATE OF PUBLICATION
SD
7/29/15
jPDAMENDMENT
SD
7/02/15
SARC SCHEMATIC REV.
SD
5/7/15
SARC SCHEMATIC
PROJECT NO:
1508
DRAWN BY:
KPT
COPYRIGHT
FORUM PHI, LLC
ZONE DISTRICT R-15
PARCEL ID # 273511209042
1 SHEET TITLE 1
PROPOSED
ENVELOPE
IMPROVEffE. Ib'TSURV.EYPIA T
Lot -�(2, lllaroon Creek Club as shown on the Final Subdivision Plat & P. E.P. ,for
Maroon Creek Club Recorded November 15, 1993 in Plat gook 33 at Page 4 AUG 10 2015
Tree rops
El. WYO.07
w8114.76'
S f
+- ,. � � dam• 1 � � -
�.
1 �.�•.� l';';::�'.ti•:.1 1 �. , , / r ! :a��ra z::;.i:.f:.:. :.1':'f::i 1: 1...... t:':'l.•......... .
147
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Az
W
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k
Marm1on. Not
5410 R85W If f
•y
GRAPHIC SCALE
Is s eu Ito
f +�
(nv veer
I inch ® so tc
Aspen
Vic�initp Karp
= Spruce
//,a-. TbrT7Zff SURYrTING SAIRZICA',S
e"°"d$:,W A, ro<-vdo /-" 3- --f `°" '"`° 727 Blake Avenue
--y Aw., od an bwrd W- wry, etf-I in
sea"""°y '
r °n"°""rr' y"
on dc'V,Glenwood SPr/n9s Colorado 81601
zniny
(970) 928-9708 FAX 947-9007)
fJ,ir survey be °°mmenud mar° lhm, ion years
frvm LSs dole of bSr rf(/av�n srloum
Aern°n. �fliai!- ,jgr,}�tss-us aom
Counly of Pitkin, State of Colorado rj ay ()F ASK -
h&wfw %- on o-YWr (�. AdaVy�
- h�lrser .bpi ar 1�1Y .X2s (Deb)
"Oft Igow -e pwtw 00+40
Nam
.Lot 4�2
�y
• OR
Legend and Notes. -
El )NO/CAW SET REBAR WITH RED PLAS770 CAP LS ,:h6638
- • INDICATES FOUND MCNUMENr AS DESCRIBED
BEARINGS ARE BASED UPON A 45 RE8AR W17F1 A RED PLASTIC CAP L.S.j1O1J3 FOUND AT THE
SOU7HERLY CORNBZ OF LOT 39 AND A 15 REBAR W77/ A YELLOW PLAS770 CAP L.S. 00151 FOUND
AT A WE57E7RLY AAQE POINT OF LOT 40 USING A BEARING OF N37:3f 59"W BETWEEN 7HE TWU
DE•SCAYBED MONUMENTS
7H/S SURVEY DOGS NOT REPRESENT A nTLE SEARCH BY 7HIS SURVEYOR 7O DE7ERMINE 0111VER-wlP
OR 70 0/5COVER EASEMENTS OR 07HER ENCUMBRANCES OF RECORD. ALL INFORMATION PERTAINING TO
OWNERST/IP, EASEMANM OR 077/ER ENCUMBRANCES OF RECORD HAS BEEN TAKEN fROM
S7EIYART 777L£ 611ARANTY COMPANY. DATED NOVEMBER 2f, 2014 AS RLE NO.: 01330-51709
THIS PROPERTY IS SUB,.ECT TO APPARENT EASEMENTS FO.R E osm1lG U707/ES 7RA/LS AND D17CHE.2
THIS PROPERTY /S SUBECT TO AN AWGA77OV EASEMENVT RECORDED /N BOOK 730 AT PAGE 690.
ACCORDING 70 7HE ABOVE -MENTIONED FINAL PLAT (PUT Bow 33 AT PAGE 4) RlpirS ARE
RESERVED FOR PERMANENT AND PETPPE7UAL NON-EXCYUSIIf• EAS"DV7S AND RIGHTS 70 RELOCATE
THE SAME UNDER,, OVER AND ACROSS 7H/S PROPERTY WH 7HE EXCEP770,V OF 7HE BUILDING ENVELOPE.
7HIS PROPERTY IS sUB ECr 70 REsERV'A77A%5; REsTRiciloNS, COVENANTS AND EASEMENTS OF RECORD
OR /N PLACE OR AS SHOWN ON 7HE ABOVE MENTIONED PUT.
BU110/NG ENVELOPE /S AS SHOWN ON THE ABOVE- M IiV770NED FINAL PLAT. (ENVELOPES ARE NOT
DIMENSIONED ON SAID FINAL PLAT.)
- DUE 70 SNOW COVER AT 7HE TIME OF 7HIS SURVEY SON£ IMPROVE vw7s AND 70POGRAPH/CAL FL A77lRe
MAY NOT BE SHOWN.
IMPROVEMENT ,SURVEY -PLAT
70 /N mt
THE #� t w y 1,' ,':! �
E LAND RR THIS s7EwARr 77n£ GUARANTY COMPANY ��
All! 3""r DATED NOVEMBER 21, 2014 IS LOCA7E0 /N THE COUNTY OF
PI7K/N, STA7£ OF
COLO ADO AND IS MORE PAR 77CULARLY DESCRIBED AS
FOLLOw5:•
Lot 42, Maroon Creak Club, as shown on the Final Plat and PUD for Maroon
Creek Club recorded November 15, 1993 pn Plot Book 33 at Page A County
of P/tk/n, State of Colorado
THIS PROPERTY IS SUB ECT TO 7HE FOLLOWING EXCEP77OYS PER SAND nnE
CwM/TMENT No. File No,: 01330-51709
1Q orqht of the proprietor of a vein or lode to extract and remove his ore therefrom, should the some be found to
penetrate Or fnferseot the premises hereby granted and Right of Way for ditches and can
as reserved /n United
States Patent , recorded August 26, 1911 in Book 55 of Page 191 as Reception No. 74888, recorded March 15,
1892 /n Book 55 at Page 21, recorded August 26, 1911 /n Book 55 of Raga 188 recorded June 16, 1944 in Book
167 atPage 562 and recordgd May 20, f953 !n Book 180 at Pogo, 155, recorded September 13, 1934 in Book 162
at Page 400.
ff. Terms, conditions, ab/lgodons, prowWms and easements of Master Declaration of Protective Covenants for
Maroon Creak Club as set torfh In Instrument recorded December 2 1993 fn Book 7M at Page 598 are Reception
No. 364074 and Assignment and Deslgnot/on of Successor Dedaront for Maroon Croak Club recorded May 11,
1994 /n Book 750 at Page 242 as Reception No. 369936, and Rest Amendment to Master Declaration of
Protective Covenants for Maroon Creek Club recorded February 17, 1994 In Book 742 at Page 83 as Reception
Na 38700 and Second Amendment to Master Declaration of Protective Covenants for Maroon Creek Club
recorded Ame 8 1994 ion Book 752 of Page 754 as Reception No. 370864, and Amended and Restated 777bd
Amendment to Master Dedavpf/on of Protective Covenants for Maroon Creek Club recorded ,Tidy 28, 1994 /n Book
755 of Page 597 as Recept/on No. 3724X5, and Fourth Amendment to Master Declaration of Profecfiv>a Covennants
for Mo. Crook pub recorded September 1Z 1996 as Reception No. J9694Z
12. Terms, cond/t/one, obligot(ons and proNsons of Subdivfs/on Improvement Agreement for Maroon Creek dub
Nunedy P/Tster Ranch/Golf) as set forth /n Instrument recorded November 12, 199J In Book 730 at Pa� ga 506 as
Reception No, t J3236 and /nsubstonfknl P.U.D. Amendment mcorged December• 19, f996 as Reception No. 400129
and Amendment recorded March lq 2000 as Recgot/an No. 441279.
13. Terms conditions obi/gotions, provisions, easements and rlyhty of way as shown and contained on Plat of
Maroon Creole dud recorded November 1 1993 in Plat Book JV of Page 4 as Reception No. -W275 and
Amended Sheet 2 recorded March 31, f9#4 /n Plat Book 34 at Pgge 2J as Reception Na J68436, and
Assignment of FTno/ SubdMslon Plat and RUD for Maroon Greek CYub recorded February 17• f994 /n Book 742 at
Page f17 as Reception No. 357059, and Assignment of F7nol SO4Mslon Plat and PU0 for Maroon Creek dub
recart(ed Februaryy 17, 1994 An Book 742 of Page 121 os Reception No. 36706p
14. Toms conditiona, ob//gat/ons and prov/s/ons of Reso/ufk�n of the Board o1 County Commissloners of PiUdn
Countyy, Colorado Qvnting Fine/ Approvti for Maroon Creek LYub (Rrovtously PNster Ranch/Golo, Resolution Na
9i-1p4 as set forth In fistryment recorded August f3, 1993 /n Book 721 of Page 245 as Reception No. 360002,
o»d Reso/uflovr of the Bawd of County CQmmissloners of Pitkvr Caunfy, Co%rndo, GMntk a Motor Amendment
to a Oevv/gqoomeet Permit to dye Maroon G7emk dub Lb»/tee Uab1//fy C��rrpporof/cy, Resolution No. 96x-72 recorded
May 2 1995 /n Book 779 of Page 849 as Reception Na 380961, Resolution of the Board of County
Commiss/oners of P/tk/n Lount}S Col%rado CYant/ng Approwl of the Maroon (apk Club Speelo/ Rev+'ew, 1041
HozaYl Review OMOS Ekempt/or, and Subdivision ExamotIon for the Maroon Chsak C/ub/B'og/e Pines Water
Tank and Pump station, Reso/uttan Na 95-95 recorded June 1, 1995 /n Book 782 at Page 453 as Reception Na
381834, and Resolution of the P/tkfi County Board of County Cornm/sslonwsa Oe1fn/nq the Method of f7gor Area
Cb/cu/at/on for fhe Maroon Creek Dowtopment and Amending Resolution Na 93-104F Resolution No. 95.-128
recwtfed August 98, 1993 /n Book 791 at Page 821 as ReMt/on No, 384763.
15 Forms, conditions, obligat/one and pproWs/wns of Dad/catlon Agreement for Roads as sat forth bn /nstrummt
reeordad November 12, 1993 in Book 73Q at Page 662 as Reception No. 383$4a
16. o E greprrt Grant f asevnent A ant Avl groom ( 9gfian Easement) by and between Peoryro Equ/t/as Group /! Umlted Uob///ty
Carnpgny, d Utah 1/m/tad .QjIIt camoo A and Pitkin County Colorado, as set forth in instrument recorded
November 12 1993 /n Book 7.i0 at P ge 690 as Rec�vfion Na 363242.
17. Terms, conditions, obi/gallons, and provisions of Water Servlcq Agreement as set forth In Instrument recorded
November 15, 1993 /n Book 730 at Page 797 as Reertlon No. 3¢3 and Assignment gnd Assumption of
Water Lease Agreement recorded November 15, 1993 In Book 730 at Page 865 as Recept/on No. 36,1259, and
Ass/gnment and Assumption Agreement recorded January 7, 1994 fi Book 737 at Page 889 as Reception Na
365464, and Amended Assignment and Assumption Agreement recorded rN 11, 1994 /n Book 747 at Page 191
as Recgot/on No. M8825 one First Amenrfinent recorded Cktober 17, 199� as Reception No. 409559.
18. Ordinance No. J4 (Sena4 of 1996) An Ordl!rance of the Clty County/ of the City of Aspen, Colorado Approving the
Annexation of CsHoyn reer/tory to the C/ty of Aspen, Colorado to be known and designated as 'Alaroon Creek
Club Subd/v/slon (South) Property" Annexation as set forth In Instrument recorded PMruory 21, 1997 qs
Reception No. 401985,• Ordinance No. 33 (Series of 1996, An Ordinance of the City Counop o/ dhe C/fy of
C 10rq.1, Approving the Annexation of Certain Territory to dye City of Aspen, Colorado, to be known and
des/gnated as the-Varoon Creek LYub SLbdMskin (Nprth) Property " Annexation retarded February 21, f997 as
Reception No. 40f986,• Ckd/ngnce Na 40 (Series of 1096) An Ordinance of the Aspen Cyty Ccunc/ GruntIng a
Rezoning for the Maroon Creek Subd1*1on in Conpno(tw with Annexation Into the City of Aspen recorded jwf 8
1997 fro Reception No. 4032R4 and re -recorded May 15, 1997 as Reception No. 404428, and Ord/nonce Na 16
(Series of 1997) recorded tine 13, 1997 as Reeep"- No. 405615v
19. Condition and restdctions as set A ih on the Maroon Qawk Club Annexation plats recorded Februaoryry 6, 1997 /n
Plat Book 41 at Page 76 as Reception NO. 401571, and in Plat Book 41 at Page 77 as Reception No. 4UI572.
20. Terma conWIM4 obllgatlon4 proWNbns and easements of Road Easement Agreement as set forth /n Instrument
recorded November 15, 1993 /n Book 7i0 at Page 938 as Reception Na 383Z62,• Rood Maintenance Agreement
reewcortfed November 12, 199J /n Book 7JO at Page 739 as Reecceepption No. 36J249,• Access Easement Agreement
recorded November 1Z 1993 in Book 73Q at Page 774 as Receptlon No. 363?,55,• and Assignment of Road
Maintenance Agreements Relgted to Maroon Creek Liu¢ recorded September 3 1996 as Reception No, J98644
21. Mineral Rl/�p//��ty disclosed on Deed recorded February 17, 1994 !n Book 742 at Page 97.'
22 n ncl, donat,14
and Vault Agroomenf as set forth hn /ns¢ument recorded July 11, 1994 /n Book 755 at Pape 55 as
Reception No. 371946.
23. Restrictions and Reservations contained In Wmran(y Deed recorded .fine 20, 1994 in Book 75-T of Page 757.
24. Notice of Approwd recce clad February 29, 2012 as Reception Na 587075.
25. Vgre7wernenf ragaM/ng Maroon Creek Club Roads and Common Area recorded September 22, 1999 aq Reception
NO. �135797
26, Ordinance recorded October 23, 2014 as Recap Hon No. 51478,3
27. Any Leases and Tenane/e$
4 dEFFREY ALLEN 7UT R& BEING A PRO�CIVAL LAND SURVEYOR IN 7HE STATE OF COLORADO,
DO HOMBY CER77FY 7HAT 7H/S /MPROVEMENr SURVEY WAS PREPARED FROM AN ACTUAL
MONUMEN7ED LAND SURVEY OF 7HE PRLPF�RRTY CORNER MONUMENTN 807H FOflND AND SET,
UNDER MY D/RECr SUPERK9av AND CHEWING,• 7HAr /r IS CORRECT 75 THE BEST OF MY
BELIEF• AND KNOKEDGE AND 7HAT ALL D/M NSUN$ 807H LINEAR AND ANGULAR HERE
DETERMINED BY AN ACCURA7E CON7RCV $URVEY /N 7HE f7ELD iw!/CH BALANCEQ AND C105E0
WHIN A LIMIT OF 1 /N 15 000 (WHICH COINPUES W17H C 40RAD0 PROFESS/OVAL STANDARDS
FOR A LAND SURVEY PLAT AND 7HE CURRENT ACCURACY STANDARDS FOR ALTA/AC-w LAND
nILE $VRVFYS).• l FUR7HER C4R77FY 7HAT 7HE /MPRObfYENTS ON THE ABOVE QES'CR/BED
PARCEL ON 7h'IS 49A7£ DECEMBER 19, 20f,6 EXCEPT UMJrY CONNEC770NS, ARE E71/77RELY
WHIN THE BOUNDAR/Es OF 7f/£ PARCEL EXCEPT AS SHOWN AND 7HAT THERE IS NO
APPARENT EYI n . GN OF ANY Ei1Sf{/ENr aeon-YNG OR BURDENING ANY PART OF SAND
PARCEL EJ(
:42�
DA
Drown by.• DMC
TR O Pfister Data: 1211912014
Z.• \2014 \MAROQN
Aspen Colorado. 81611 CREEKCLUB 1
LOT42D\4G IS, OF
I�LIIPROVEILIENTSURUEYPLAT
/I/, it
ti
Ma7oon Oaet
f
F}35 Tics in85UY
yYYyyYI!
Lot ffaroon Creek Club as shown on the Final Subdivision Plat & P. U.I� for
.Maroon Creek Club Recorded November 15, 1993 in Plat Book 33 at Page
County of Pztkin, ,State of Colorado
GRAPHIC SCALE
30 0 10 00 60 120
1 inch = 90 ft.
— Aspen
Vicinity Map = spruce
1 = 1000
Accord , to colored row you m t comm°nce
any 1g�le .'N n based upon any d eat ,n 727 Blake Avenue
this o ;,-c dele . jrr "o °u Glenwood Springs, Colorado 81601
first du-c er h d1 et J t may
any Ie9a1 action mama ipon any defeat in (g70) 928-9708 (FAX 947-9007)
this rv,..sy be cad mar° than tan y°arr
jrom the dote oy the c Aficahon shaven
hereon email— jef.1Wtse—tts: com
7HE LAND REFERRED TO IN 7HlS STEWART 777LE GUARANTY COMPANY.
COMMITMENT DATED NOVEMBER 21, 2014 /S LOCATED IN THE COUNTY OF
P17KIN, STATE OF COLORADO, AND IS MORE PAR77CULARLY DESCRIBED AS
ap, FOLLOWS. -
Lot 42, Maroon Creek Club, as shown on the Final Plat and PUD for Maroon
Creek Club recorded November 15, 199J In Plot Book 33 at Page 4. County
of Pltkin, State of Colorado
THIS PROPERTY IS SUBJECT TO 7HE FOLLOWING EXCEP77ONS PER SAID 777LE
COMM/7MENT NO. File No.: OIJJO-51709
— MAK/NE-1 AKt bFAStU Ut-UN A #t7 lvtt1AH WIH A HEU PLAWIG- GA- L.S:#20133 FOUND AT THE
SOUTHERLY CORNER OF LOT 39 AND A #5 REBAR W77H A YELLOW PLAS77C CAP L.S. #20151 FOUND
AT A WES7FRLY ANGLE POINT OF LOT 40 USING A BEARING OF N373159W BETREEN THE TWO
DESCRIBED MONUMEN7S.
— THIS SURVEY DOES NOT REPRESENT A 7772.E SEARCH BY THIS SURVEYOR TO DETERMINE OWNERSHIP
OR TO DISCOVER EASEMENTS OR OTHER ENCUMBRANCES OF RECORD. ALL INFORMA77ON PERTAINING TO
OWNERSHIP, EASEMENTS OR OTHER ENCUMBRANCES OF RECORD HAS BEEN TAKEN FROM
STFWART 71 GUARANTY O DATED 21 201 S —
1LE NTY COMPANY NOVEMBER 4 A FILE NO.: 01330 51709
— 7H/S PROPERTY IS SUBJECT TO APPARENT EASEMENTS FOR EXISTING UTILIAES, TRAILS AND DITCHES.
— THIS PROPER S SUBJEC O 0A77O RECORDED TY l T T AN AVI N EASEMENT /N BOOK 730 AT PAGE 690.
— ACCORDING rO THE ABOVE—MEN770NED fNAL PLAT (PLATBOOK 33 AT PAGE 4) RIGHTS ARE
RESERVED FOR PERMANENT AND PERPETUAL NON—EXCLUSIVE EASEMENTS AND RIGHTS 70 RELOCA7E
7HE SAME UNDER, OVER AND ACROSS THIS PROPERTY W9TH THE EXCEP77ON OF THE BUILDING ENVELOPE.
— 7HIS PROPERTY IS SUBJECT TO RESERVATIONS, RES7RlC77ONS, COVENANTS AND EASEMENTS OF RECORD
OR /N PLACE OR AS SHOWN ON THE ABOVE MEN77ONED PLAT.
— BUILDING ENWLOPE /S AS SHOWN ON THE ABOVE— MEIV77ONED f7NAL PLAT. (ENVELOPES ARE NOT
DIMENSIONED ON SAID FINAL PLAT.)
DUE TO SNOW COVER AT THE 77ME OF THIS SURVEY SOME IMPROVEMENTS AND TOPOGRAPHICAL FEA7URt
MAY NOT BE SHOW.
IMPRO VEMENT SUR VEY PLA T
10. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the some be found to
penetrate or intersect the premises hereby granted and Right of Way for ditches and canals as reserved In United
States Potent , recorded August 26, 1911 In Book 55 of Page 191 as Reception No. 74888, recorded March 15,
1892 in Book 55 at Page 21, recorded August 26, 1911 in Book 55 at Page 189, recorded June 16, 1944 In Book
167 at Page 562 and recorded Moy 20, 1953 In Book 180 at Poge 155, recorded September 13, 1934 In Book 162
at Poge 400.
11. Terms, conditions, obllyatlons, provisions and easements of Master Declaration of Protective Covenants for
Maroon Creek Club as set forth in instrument recorded December 2, 199J In Book 733 at Page 598 as Reception
No. J64075, 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. J67049 and Second Amendment to Master Declaration of Protective Covenants for Maroon Creek Club
recorded June 8, 1994 in Book 752 of 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. J72475, and Fourth Amendment to Master Declaration of Protective Covenants
for Maroon Creek Club recorded September 12, 1996 as Reception No. J9694Z
12. Terms, conditions, obligations and provisions of Subdivision Improvement Agreement for Maroon Creek Club
(formerly Pfister Ranch/Golf) as set forth in instrument recorded November 12, 199J /n Book 730 of 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.
13. Terms, conditions, obligations, provisions, easements and rights of way as shown and contained on Plot of
Maroon Creek Club recorded November 15, 1993 in Plot Book 33 at Page 4 as Reception No. 363275 and
Amended Sheet 2 recorded March 31, 1994 In Plot Book 34 at Page 23 as Reception No. 3684J6, and
Assignment of Final Subdivision Plot and PUD for Maroon Creek Club recorded February 17, 1994 In Book 742 of
Page 117 as Reception No. 367059, and Assignment of Final Subdivision Plot and PUD for Maroon Creek Club
recorded February 17, 1994 in Book 742 of Poge 121 os Reception No. 367060.
14. Terms, conditions, obligations and provisions of Reso/ution of the Board of County Commissioners of Pitkin
Counfy, Co%rodo Granting Final Approval for Maroon Creek Club (Previously Pfister Ranch/Golf), Resolution No.
93—f04 os set forth in instrument recorded August 13, 1993 in Book 721 at Page 245 as Reception No. 360002,
and Reso/ution of the Board of County Commissioners of Pitkin County, Colorado, Granting o Minor Amendment
fo o Development Permit to the Maroon Creek C/ub Limited Liability Corporation, Reso/uion No. 95-72 recorded
Moy 2, 1995 in Book 779 at Poge 849 os Reception No. 380961, Resolution of the Board of County
Commissioners of Pitkin County, Co%rodo 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 of Page 45J 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.
15. Terms, conditions, obligations and provisions of 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 (Av/gation Easement) by and between Pearce Equities Group l/ Limited Liability
Company, a Utah limited /labs/ity company, and Pitkin County Colorado, as set forth In Instrument recorded
November 12, 199J In Book 730 at Poge 690 as Reception No. 363242.
17. Terms, conditions, obligations, and provisions of {Voter Service Agreement os set forth Jn instrument recorded
November 15, 199J in Book 730 of Poge 797 as Reception No. 363258, and Assignment and Assum,pvtion of
Water Lease Agreement recorded November 15, 1993 in Book 730 of Poge 865 as Reception No. 363259, and
Assignment and Assumption Agreement recorded Jonuory 7, 1994 in Book 737 of Poge B99 os Reception No.
365464, and Amended Assignment and Assumption Agreement recorded April 11, 1994 in Book 747 of Page 191
as Reception No. J68825 and First Amendment recorded October 17, 1997 os Reception No. 409559.
18. Ordinance No. 34 (Series of 1996), An Ordinance of the City Council of the City of Aspen, Co%rodo Approving the
Annexation of Certain Territory to the Cify of Aspen, Co%rodo fo be known and designated os "Maroon Creek
Club Subdivision (South) Property"" Annexation as set forth In instrument recorded February 21, 1997 as
Reception No. 401985; Ordinance No. JJ (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 1996YAn Ordinance of the Aspen City Council Granting o
Rezoning for the Maroon Creek Subd/vision in Conjunction with Annexation into the City of Aspen recorded April 8,
1997 as Reception No. 403224, and re —recorded May 15, 1997 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 plots recorded February 6, 1997 /n
Plot Book 41 of Page 76 as Reception No. 401571, and In Plot Book 41 at Page 77 as Reception No. 401572.
20. Terms, conditions, obligations, provisions and easements of Rood Easement Agreement as set forth in instrument
recorded November 15, 1993 /n Book 7JO at Page 938 as Reception No. 36J262; Rood Maintenance Agreement
rerecorded November 12, 199J in Book 730 at Page 739 as Reception No. 36J249; Access Easement Agreement
recorded November 12, 199J In Book 730 at Page 774 as Reception No. 363255- and Assignment of Rood
Maintenance Agreements Related to Maroon Creek Club recorded September 3, 1996 as Reception No. 396644.
21. Mineral Rights disclosed on Deed recorded February 17 1994 /n Book 742 at Page 97.
22. Trench, Conduit,
and Vault Agreement as set forth in instrument recorded July 11, 1994 /n Book 755 at Page 55 as
Reception No. 371946,
23. Restrictions and Reservations contained in Warranty Deed recorded June 20, 1994 in Book 75J at Page 757.
24. Notice of Approval recorded February 29, 2012 as Reception No. 587075.
25. Agreement regarding Maroon Creek Club Roods and Common Area recorded September 22, 1999 as Reception
No. 4J5797.
26. Ordinance recorded October 23, 2014 as Reception No. 614783.
27. Any Leases and Tenancies.
SURVEYORS CER77RCA7E.-
1, JEfFREY ALLEN TUTTLE, BEING A PROFESSIONAL LAND SURVEYOR /N THE STATE OF COLORADO,
DOH HE
REBY Y CERTIFY THAT THIS IMPROVEMENT SURVEY WAS PREPARED FROM AN ACTUAL
MONUMEN7ED LAND SURVEY OF 7HE PROPERTY CORNER MONUMENTS, 807H FOUND AND SET,
UNDER MY DIRECT SUPER14S/ON AND CHECKING- THAT IT IS CORRECT TO THE BEST OF MY
BELIEF AND KNOWLEDGE AND THAT ALL DIMENSIONS, B07H LINEAR AND ANGULAR WERE
DE7ERMINED BY AN ACCURATE CO1V7R0L SURVEY IN 7HE f7ELD WHICH BALANCED AND CLOSED
WITHIN A LIMIT OF 1 IN 15,000 (W ICH COMPLIES WITH COLORADO PROFESSIONAL STANDARDS
FOR A LAND SURVEY PLAT AND THE CURRENT ACCURACY STANDARDS FOR AL TA/ACSM LAND
7777E SURVEYS): I FURTHER CER77FY THAT THE IMPROVEMENTS ON 7HE ABOVE DESCRIBED
PARCEL ON THIS DATE; DECEMBER 19, 2074, EXCEPT U77LITY CONNECT DNS, ARE EN77REL Y
WITHIN THE BOUNDARIES OF THE PARCEL, EXCEPT AS SHOWN AND THAT THERE IS NO
APPARENT EVIDENCE OR SIGN OF ANY EASEMENT CROSS/NG OR BURDENING ANY PART OF SAID
PARCEL, EXCEPT AS NOTED.
JEfFREY ALLEN 7U77LE L.S. 33638 DATF
TBD Pfister B 081�oi2015
Z.• \20141MAROON 1
Aspen Colorado. 8-16-1-1LOT4D -1 CRE 2 \ 421
NV
BU/L ENV
READJUSTMENT.8615 OF