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Land Use Case.42 Maroon Creek Club.0077.2015.ASLU
0077.2015. ASLU LOT 42 MAROON CREEK CLUB ENVELOPE ADJUSTMENT 27511209042 A�v P� s ,�mtv�,,vj Iu Ll THE CITY OF 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 12/22/2015 CLOSED BY JACKIE KASABACH 1/14/2016 0 0 2 T 3 S! t - OTO 4 oo77• 2olS-- qSW Permits File Edit Record Navigate Form Reports Format Tab Help J ox— A lump 1 I jj Q : Main Custom Fields Routing Status Fee Summary Actions Routing History Permit type I3slu Aspen Land Use Permit i 10077 2015 ASLU v 01 Address 10 LOT42 MAROON CREEK CLB IApVSuite City ASPEN State P7 2V 81611 Permit Information r Master permit Routing queue aslul5 Applied 08.+21.+2015 Project Status pending Approved Description APPLICATION FOR LAND USE - ENVELOPE AJUSTMENT - REFERRALS TO PARKS hued AND ENGINEERING Closed/FInal Submitted 1606 BOWDEN 970 544 2000 Clods Running Days F-0] Expires 08i15i2D16 Submitted via Owner Last name IBROKEN HILL 3 LC —7 First name 314 S GALENA ST ASPEN CO 81611 Phone O Address l I Applicant ❑� Owner is applicant? ❑ Contractor is applicant? i Last name IBROKEN HILL 3 LLC First name 7 314 S GALENA ST ASPEN CO 81611 Phone O Cud 30167 Address Email Lender Last name First name M Phone ( ) Address Dis la i AspenGold5 (server angelas 1 Of 1 y _-a �2� 22S o0 svn/PAS R6CLMIOWN 625793, 12/22/2015 •t 11: 35.45 AM, 1 OF 1, R 111.00 -.1— R. V., CaVQl ll, P-kv C_ty, CO P-F eR 113 . 1, �} 11y�g Y �e YbIt �4� b pin � Abby°9 i p2a� n 9 � V b hh`Sj higyl eeddll� r a`,.a �. hJ ip a!pq Haag ��� 6c��-i — �.c.•' �' N itg�4 pp a¢yy`` qq8 b q O m a s b998�pg g ��4 3a c r R n p5e 0.1 Q11 l l O ►� � � � 1q .... � eki 'b a Q OIL,51 O O 9 b$4izt o � ti V h V =yaj F q ! C �E :a���$ by 14 19 q! iL t drivzw a \\ 4 g Nap r} rf 0 • THE CITY of 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. Your 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 $2,225.00. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2797 if you have any questions. Thank You, JuOrn Barker, Planner City of Aspen, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights No ice Required New PD Yes Cz Subdivision, or PD (creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes NoX Commercial E.P.F. Lodging �a �Z ha g6 �y-y yyyy•�� r € � �6 O CIS ° oIN O '� ti � m "'5 Bi��E�3�tl � �„ �;`•Ji � y C >� 'J Q O galm I !$ t8BF3y3�k @ g i k4� m TRA 10,111, e 3 g 7 8 OA ( n„o•r r.h 8a � 0'V, Fs Lot / ajRR 1� we l4 ;tIt tj 13l1 awdow • E3 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. �Iese our Land Use Application is incomplete: 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. Th You, �nnifer lan, Deputy Planning Director City of Aspen, Community Development Department For Office Use Only: Mineral Rights Notice Required Yes No GMQS Allotments Yes No�1 Qualifying Applications: New PD Subdivision, or PD (creating more than 1 additional lot) Residential Affordable Housing Commercial E.P.F. Lodging 4r,,AlN FOR Am A ii *• r r 0, o zo15 Agreement to Pay Application Fees Ana � 1 S • ���--�i reement between the City of Aspen ("City") and Property Broken Hill 3 LLC c/o Bob Bowden Owner ("I"): Phone No - Email: bob@bobbowden.com 970-544-2000 Address of Lot 42 Maroon Creek Club, Aspen, Pro ert : P Y Billing Address 625 E Main St Suite 102A CO $1611 (subject of (send bills here) Aspen, CO 81611 application) _ __ — — -- I 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. $ 650 flat fee for Parks 0 Select Dept $_ flat fee for $ 0 flat fee for Select Dept $ flat fee for 0 Select Review For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration. unless invoices are paid in full The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $ 1,300 deposit for 4 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325 per hour. $ 275y deposit for 1 hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $275 per hour. City of Aspen: Chris Bendon Community Development Director P ,operty Ow er: I Name.B Bowden Title: Owners Representative City use: 2225 --- Fees Due: $ _ Received: $� AUG 1 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/O/docs/City/Comdev/Apps%20and%2OFees/2013%20land%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 Sectionfel 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 i ❑ 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 8 1l2" 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. • • stewart title - View your transaction progress 24/7 via Stewart Online Ask us about your login today! 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. • 0 Stewart title 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 accept ACH'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: 2, _ _ 7,-,/ Authorized Countersignature Stewart Title - Aspen 620 East Hopkins Ave Aspen, CO 81611 (970)925-3577 stewart title guaranty company Matt Morris t� 9r�w President and CEO 1906 rE Denise C rraux Secretary Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Forth 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 V 004-UN ALTA Commitment (6/17/06) Vr • 0 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. 3. 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. 4. 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< htto.11www.a1ta.oro1>. 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. 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) 0 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.TA. Owner's Policy 2006 (Extended) Proposed Insured: TBD (b) A.L.TA. 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. 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 1 STEWART TITLE CO STG ALTA Commitment Sch A STO GUARANTY COMPANY u 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. 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 2 STEWART TITLE _ CO STG ALTA Commitment Sch B I GUARANTY COMPANY • E 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 Page 2 of 2 STEWART TITLE CO STG ALTA Commitment Sch B I GUARANTY COMPANY �' • 0 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 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 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 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. 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. 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 • 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 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. 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 • 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 Pape 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 Page 3 of 3 STEWART TITLE _ CO STG ALTA Commitment Sch B II STO GUARANTY COMPANY ' 0 • 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 has contracted 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: If you have any questions about this privacy notice, please contact us at. Stewart Title Guaranty Company, 1980 Post Oak Blvd., Privacy Officer, Houston, Texas 77056 File No.: 01330-51709 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. • 0 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 August 5, 2015 Dear Director, 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, S o�5 Owner Signature Date 80TMIl gwan� j ana4.� : BroXen �+YI 3, [ c� Owner Printed Name ARCHITECTURE I INTERIORS I PLANNING 0 0 Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form_ (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attorney representing the property owner. Property Name: 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. © 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: date:�lolri Owner printed name: LaWEU IKIOA AI&A "IiWk"00 014 041 II a or, Attorney signature: Attorney printed name: date: • ATTACHMENT 2 —LAND USE APPLICATION PR03ECT: AUG 192415 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 n • ■� � wrr. Name: Broken Hill 3 LLC Address: Lot 42 Maroon Creek Club, Aspen CO 81611 Phone #: fl•-.nr•nc•r. - ♦ mr 7U. ff%X r Mr ar'1N 1 t� 11 • G. Name: Steev Wilson Address: 715 W Main Street Suite 204 Aspen CO 81611 Phone #: 970-279-4109 TYPE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use ❑ GMQS Allotment R Final PUD (& PUD Amendment) ❑ Text/Map Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA ❑ ESA — 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane ❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/ Expansion ❑ Residential Design Variance ❑ Lot Line Adjustment ❑ Other: ❑ Conditional Use 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. '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 ahb uurc: a ❑ 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 I I" 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: 0 Number of residential units: Existing: 0 Proposed: 0 Number of bedrooms: Existing: 0 Proposed: 0 Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Principal bldg. height: Access. bldg. height: On -Site parking: % Site coverage: % Open Space: Front Setback: Rear Setback: Combined F/R: Side Setback: Side Setback: Combined Sides: Distance Between Buildings Existing: 0 Allowable Existing: 0 Allowable Existing: 0 Allowable Existing: n/a Required: Existing: na/ Required: Existing: n/a Required: Existing: n/a Required: Existing: n/a Required: Existing: n/a Required: Existing: n/a Required: 10000 proposed: 0 28 Proposed: 0 28 Proposed: 0 n/a Proposed: n/a n/a Proposed.• n/a n/a Proposed: n/a n/a Proposed: n/a n/a Proposed.• n/a n/a Proposed.• n/a n/a Proposed: n/a Existing: n/a Required: n/a Proposed: n/a Existing: n/a Required: n/a Proposed: n/a Existing n/a Required: n/a Proposed: ❑ a Existing non -conformities or encroachments Variations requested: none none • • Insubstantial PD Amendment Review Criteria Lot 42 Maroon Creek 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 I INTERIORS I PLANNING 0 • WILLIAM CLINTON L LIK E S 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 81623-3109 PHONE 970 963 8025 W W W. W ILLIAMLUKES.COM and Construction Completion Guaranty. The approved language and form for a letter of credit is available at www.wiIliamiukes.com. C. 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. Prior to 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. 3. 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 if final landscape and grading approval is not received 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. 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. 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. 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 CARBONDALE COLORADO 81623-3109 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. 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. 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 601 LAKESIDE DRIVE CARBONDALE COLORADO 81623-3109 PHONE 970 963 8025 W WW.WILLIAMLUKES.COM O Nor u� � L9 rn o inorr cUN� N co CD � O Y W �O OU Owj �tan� Q Q c0 N�aO OQ 0 O Z w d d Y } co Z U J a D O af O Q } Z U �?1lMsei� uoo�eyy� 1'N �i�tip f. r oe ¢a m fc�� U 1' W Lll Cl) it W af U Z �O Q ^1 W N 2 1 O H x i_: MW � U y N U R U°D LUujii d W N O w 0 � pU is s U 0 �a w� N a S a N W W �0 0 fan Z Q fig$^e �� i • ; vm °€Ns a s g o �_ z y ¢ r m= J r W O� N> ddY�i-i = n n w W V w Q ^ a JU O o m�>o wo Ko �o 0 0 0 o O _ ITt rn m h 1 0 V N Il cn 1 I i LU U) / � Z Q oLL U) i < pw f f 8 � \ � 1 ---------------------------- ----- ----, I ' 1 I ' � 1 ' U / I � I 1 I wl /W 'pl' �i O 10 fW I\ H o is 'o \ w w / fw 2w> I 1 �aa0 / ,N ,z (40WWW a 00491 u�owm i f , --—--—--—--—--—--—--—-- — -- —- --� — �x ' o s -Z g m ... o $; .� EaiomY Bps a82 6D c A. �� � Z ) et'F -8 a�g�� �� CV � em � �d �"� �o� 6n6 � _ ,���..i .°j � ° •��n�i ��6 �2 oa � `� All,sOs Q sS ..g ���6�0 ��d �a`a 8�`O�' �•� �� i6� aa���s BDd Q623 2uEjQsC �q �L `h"° d y C ;�R&a4` !p �a$�$a�\^W�� �gg, s��d, �r ���gK �^�` ad� 5�`0�0 �� �J'�,�''��; >is�n'ao a. six 54����,"�"'s� �$ •n h�� � 7���� $N��o Q� _� VI Y���x�x � �� � 111^ � g gd br a E � � s _ x iE�L. i p a 111; Ig' °`r {rR� yo h D `o 66�'c3 8 „aD�j x a � - I..p°�,� �D� Ilia,� Y mm 6k��,�§pp`TSD`�s Ag E..Qt.' 4� S67'.4 Ilia �N oh�D,•,6 �j D �O DZr�'� ��` ��56���ao�a b+;,Y�a S o r �r� �� q � �) CQ ��� �me 6�•� �a � 6 i�o`'�L��L j d � � xb 6 �� I = xI H I� b =J... 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