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HomeMy WebLinkAboutLandUseCase.cr.58 maroon Dr.0001.2006.ASLU58 Maroon Dr Pitkin Cty Referral 273511101013 Case 0001.2006.ASLU C T • 0 City of Aspen Community Development Dept. CASE NUMBER 0001.2006.ASLU PARCEL ID NUMBER 2735-11-1-01-013 PROJECT ADDRESS 58 MAROON DR PLANNER JOYCE ALLGAIER CASE DESCRIPTION KLAUS OBERMEYER LLC 1041 HAZARD & SCENIC REVIEW REPRESENTATIVE EZRA LOUTHIS 920-5092 DATE OF FINAL ACTION 8/2/2006 12:0( CLOSED BY Denise Driscoll CITY OF ASPA 130 S. GALENA ST. ASPEN, COLORADO 81611 (970) 920-5040 VENDOR: 000269 RICHMAN, ALAN PO BOX 3613 ASPEN, CO 81612 FOB Point: Terms: Req. Del. Date: Special Inst: r1 u Page 1 / 1 DATE PO NUMBER 8/2/2006 016440 SHIP TO: City of Aspen City Hall 130 S GALENA STREET ASPEN, CO 81611 Req. No.: 017033 Dept.: Debbie's Approval Contact: PERGANDE, DON Confirming? NO Quantity Unit Description Unit Price Ext. Price moratorium consulting services 15,000.00 SUBTOTAL BILL TO: City of Aspen TAX 130 S GALENA ST FREIGHT ASPEN, CO 81611 TOTAL 15,000.00 0.00 0.00 15,000.00 Account Number Amount Account Number Amount E 001.13.13316.82999 15 000.00 Authorized Signature DEPARTMENT COPY Authorized Signature (over r- y - y- _ 4.11 ` J . l , F � v"'',4 '*fir. -x . � •t- ... _ � L: � , � � t � �- �. , to ,f. ;�f y Attachment J: Agreement for Payment PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter "COUNTY") and NEWLAND PROJECT RESOURCERS, INC. (hereinafter "APPLICANT') AGREE AS FOLLOWS: 1. APPLICANT has submitted to COUNTY an application for Klaus Obermeyer LLC 1041 Hazard and Scenic Review (hereinafter, the "PROJECT'). 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 018-2004 establishes a fee structure for land use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. The fee structure is based on the COUNTY'S policy that development shall pay, in full, the cost of development review in the COUNTY. Fees have been set to be consistent and fair to the public and to reflect the expense incurred in providing such services to the public. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed PROJECT, it may not be possible at the time of application to ascertain the full extent of the costs involved in processing the application. 4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall accumulate if an application inciudes more than one type of land use review. 5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission and/or Board of County Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally required findings for project approval, unless current billings are paid in full prior to decision. 6. Therefore, APPLICANT agrees that in consideration of the COUNTY'S waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the amount of $2,290.00 which is based on 10 hours of staff time, and if actual time spent by staff to process the application exceeds the average number of hours by more than 20%, then the COUNTY will bill the APPLICANT quarterly for the additional time spent. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing_ PITKIN COUNTY INC. Cindy Houben Community Development Director NEWLAND PROJECT RESOURCES, ("APPLICANT") By: Principal, NPRI Date: November 29, 2005 Mailing Address: P.O. Box 4815 Basalt, CO 81621 Kkm obern"w ProP'erffesUC 1041 Hamrd and Scenic Review Page 11 0 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone (970) 920-5526 FAX (970) 920-5439 MEMORANDUM TO: City of Aspen FROM: Ezra Louthis, Community Development Department RE: Klaus Obermeyer LLC 1041 Hazard & Scenic Review, (PID 2735-111-01-013 & Case P250-05) DATE: December 16, 2005 Attached for your review and comments are materials for an application submitted by Klaus Obermeyer LLC. The Pitkin County Hearing Officer will review the application on Tuesday, March 14, 2006. Please return your comments to me by Friday, January 13, 2006. PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM. Thank you. • 0 Newland Project Resources, Inc. PROJECT MANAGEMENT "WYELOPMENTAPPWWALS --TW&%Q TATMPLANNM RECREATION PIANNWG ."ENVIRONMENTAL ANALYW -I'M MAIATION MANAGEMENT VbtMtr (970) 927-4645 PO Box 481% 417 ORIGMMAL ROAD, BASALT. CO 81621 tomn0sop►hiW December 13, 2005 Mike Kraemer Pitkin County Community Development 130 South Galena Street Aspen, CO 81611 RE: KLAUS OBERMEYER PROPERTIES, LLC, 1041 HAZARD AND SCENIC REVIEW Dear Mike: Klaus Obermeyer and Klaus Obermeyer Properties, LLC (hereinafter the "applicant") desires to establish a building envelope for an existing single- family house on a 1.08-acre parcel of land in the Aspen Tennis Club Subdivision near Aspen. The purpose of this letter is to provide the information required for the County to review and approve this land use proposal. Included as ATTACHMENT A is the Pre -Application Conference Summary for this application. Additionally enclosed please find a letter authorizing Newland Project Resources to represent the applicant for all land use matters (ATTACHMENT B) and a Disclosure of Ownership for the property (ATTACHMENT C). PROPERTY BACKGROUND The property is known as Lot 2 of the Aspen Tennis Club Subdivision and has a physical address of 58 Maroon Drive. Currently a house and detached garage is located on the property with a total floor area of approximately 3,800 square feet. The house and garage are located on the west side of the lot. Access to the property is presently gained from the west side of the lot off of Maroon Drive. However, access may also be obtained from the east side of the lot off of Maroon Court. The official legal description of the property is as follows: Lot 2 of the Aspen Tennis Club Subdivision, located in Sectionl1, Township 10 South, Range 85 West of the 6tr' Principal Meridian. ATTACHMENT D is a Vicinity Map showing the area where the property is located. Further included as ATTACHMENT E is a list of the adjacent property owners. The property is currently zoned R-30 and with a Floor Area Ration of 0.13. The parcel is located within the Aspen Urban Growth Boundary and is approximately 1.5 miles west of downtown Aspen south of State Highway 82. PROPOSED DEVELOPMENT ATTACHMENT F is a site map showing the existing conditions on the property. The applicant is proposing to remove the existing residence and place a new single-family dwelling unit centered on the site, providing more effective utilization of the property. ATTACHMENT G shows a proposed placement of the new residence and a preliminary landscape plan. Being that the parcel is flat and easily accessed, the building envelope being proposed includes all of the property located inside of the setbacks. ATTACHMENT H is the proposed 1041 Hazard Review Plat showing the preferred building envelope. The zoning restrictions allow for a total floor area for the lot of approximately 5,356 square feet. STANDARDS REPORT: 1041 HAZARD AND SCENIC REVIEW The Code provides for a one-step review/approval process for 1041 Hazard and Scenic Review before a Hearing Officer. As determined at the pre - application conference, two sections of the Code are to be addressed concerning this site: 3-60-040: SCENIC OVERLAY REVIEW: Enclosed as ATTACHMENT I are Photos of the site as seen from Highway 82. The applicant feels that the any impacts to the scenic value of the designated scenic view plane in this area is minimal due to the fact the parcel is located away from Highway 82 and is part of an approved and fully developed subdivision. Enclosed as ATTACHMENT Sub -section 3-60- 040(E) of the Code sets forth review criteria for development within the designated Scenic Overlay and Ridgeline areas: 1. Whether the proposed development has utilized existing topography and natural vegetation, such as ridges and hills to screen buildings to the maximum extent possible. Topography on the site is virtually non-existent. Existing natural vegetation consists of sage and native mountain shrubs which will not provide for substantial screening of the home. 2. Whether the proposed development has been designed to complement the natural topography of the land, including, whenever possible and appropriate, the utilization of innovative architectural techniques such as earth sheltered design, natural materials and coloring, non-reflectability and clustering of structures on the least visible portions of the site. The proposed structure shall be constructed of wood, stone and stucco, all natural materials. Coloring will be modeled to blend with the existing natural color palette of the site. Materials will be non -reflective, and only one structure is proposed. Klaus obermeyer Properties, LLC 1041 Hazard and Scenic Review Page 2 • 9 3. Whether the proposed development's height and bulk has been designed to avoid, to the maximum extent possible, the visibility of buildings from the highway and public viewplanes. The structure proposed will conform to height limitations (28- feet). For the most part, the residence will not be visible from Highway 82, with the exception of a small gap in existing vegetation on adjacent properties. This gap is located where the access road, Maroon Drive, intersects with Highway 82. Although the structure will be visible at this point, it will stand in front of an existing residence, essentially replacing this building in the viewshed. 4. The proposed structure shall be placed so it does not break a ridgeline, unless there are no alternate building sites on the lot. The structure will not break the ridgeline of Aspen Highlands, Pyramid Peak or Tiehack, all of which are located to the south of the site. 5. Whether the proposed development has avoided the location of uses on the highest ground or most visible portion of the site as viewed from State Highway 82 and public rights -of -way, identified in subdivision (8)(1) above. The proposed residence is located on level ground with not ridgelines found on the property. Lot 1 within the subdivision is located between the proposed structure and Highway 82. Future development on Lot 1 will screen the residence from the view of Highway 82. 6. Whether the proposed development has been located outside of the designated Scenic Overlay, or on a suitable site at the greatest distance possible from State Highway 82 and identified ridgelines. Although the residence will be placed on the south side of the lot, the narrowness of the lot precludes placing a significant amount of distance between the residence and Highway 82. 7. Whether the proposed development has been landscaped in accordance with the adopted State Highway 82 Corridor landscape guidelines and has preserved natural vegetation, to the maximum extent possible, including the avoidance of development within irrigated meadows. Existing vegetation shall be maintained to the maximum extent possible, while using existing vegetation to screen development. A landscaping plan shall be submitted by the applicant and approved by the Hearing Officer. Existing vegetation on the site, although sparse, consists of sage and mountain shrubs with native dryland grass ground Klaus Obermeyer Properties, L LC 1041 Hazard and Scenic Review Page 3 • 0 cover. The flat, low-lying topography of the site precludes the view of the north portion of the lot from Highway 82. Because it was felt that the placement of trees to help shield the house from view would, over time, block the views of Pyramid Peak, Aspen Highlands and Tiehack from Highway 82, the applicant proposes to revegetate the disturbed areas with native shrubs and grasses. Attached is a conceptual landscape plan for the parcel. 8. Whether the proposed development's exterior lighting has been designed in such a manner that light sources, such as facade and landscape lighting, will not be seen from public rights -of -way as identified in subdivision (B)(1). In addition, an application shall be consistent with the lighting regulations identified in the Pitkin County Land Use Code. Fagade and landscape lighting will not be used on the property. The applicant agrees to design the outdoor lighting to utilized downcast, bollard -type lighting and other lighting so to that it conforms to the Pitkin County lighting regulations. 9. Landforms and earth moving shall generally not be acceptable as the sole measure of compliance with these regulations. However, they may be utilized in conjunction with other site techniques designed into the development plan. These methods may be acceptable when utilized as one of several methods to complement and enhance development, rather than as the single device for screening development from view from the State Highway 82 Corridor and as mapped. The applicant does not propose to utilize cut material from foundation excavation to elevate the existing flat topography of the site. 10. Whether the proposed development has been designed so as to avoid, to the maximum extent possible, any Scenic Viewplane identified on the State Highway 82 Corridor Master Plan and Down Valley Comprehensive Plan. The property is located in the Highway 82 corridor just west of Aspen. As such, it was originally included within the State Highway 82 Corridor Master Plan area. This plan, adopted by the County in 1985, has been superceded by the Aspen Urban Growth Boundary, and as such is now included within the Aspen Area Community Plan. The Aspen Area Community Plan does not designate Scenic Viewplanes. 11. In the case where 1041 hazard areas may be in conflict with preservation of scenic areas, the Board acknowledges that 1041 issues take precedence over scenic concerns. These issues shall be reviewed on a case -by -case basis. Klaus obermeyer Properties, LLC 1041 Hazard and Scenic Review Page 4 C, J 0 The only 1041 hazard area determined to be present on the site is the Low and Medium Hazard Wildfire Area. The Landscape plan developed for visual mitigation (discussed above) shall be designed and maintained to conform to the Design Standards developed for low and Medium Wildfire Hazard Areas. 3-80-070 WILDFIRE HAZARD AREAS: The property consists of relatively flat land with groundcover that is primarily native mountain shrubs, sage and grasses. As such, it has been determined that the site is designated as a Low and Medium Hazard Wildfire Area. The applicant has reviewed the development standards for Low and Medium Hazard Wildfire Areas and feels that it can conform to all of the standards as a part of its building permit application. SUMMARY OF FINDINGS We believe that this development proposal faithfully complies with the applicable review standards of the Code as set forth in the Pre -Application Conference Summary. The development will not significantly impact the uses on adjacent properties, the community, or the provision of public facilities or services required. We trust that the County will approve this request for Scenic and 1041 Hazard Review as submitted. Sincerely, Tom Newland � _Newland Project Resources, Inc. Klaus obermeyer Properties, LLC 1041 Hazard and Scenic Review Page 5 • Attachment A: Pre -application Conference Summary PITKIN COUNTY PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Mike Kraemer DATE: 11-07-05 PHONE: (970) 920-5482 EMAIL: michaelk(u-D-co.pitkin.co.us LOCATION: Lot 2, Aspen Tennis Club Subdivision ZONE: R-30 PARCEL ID: 273511101013 APPLICANTS/OWNERS: Klaus Obermeyer LLC. REPRESENTATIVE: Tom Newland PHONES: 927-4645 tcmmn@sopris.net Type of Application: 1041 Hazard and Scenic Review. Description of Project/Development: Applicant desires to establish a building envelope for an existing residence. Applicant has requested 3-year vesting and scenic review approval. Pitkin County Land Use Code: Subsec. 3-60-040: Scenic Overlay Review; Subsec. 3-80-070: Wildfire Hazard Areas (proposed building site is in a Low Wildfire Hazard area; applicants should confirm that they will comply with County requirements for development in Low Wildfire Hazard areas). Review By: Hearing Officer Public Hearing? Yes, at Hearing Officer. The applicant shall post a public notice sign on the property at least 15 days prior to the hearing and shall mail notice to all adjacent property owners at least 30 prior to the hearing with the return address of the Community Development Department (copy of the notice to be obtained from the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County as they appear no more than 60 days prior to the date of the public hearing. Staff Will Refer Application To: Aspen Fire, Aspen Tennis Club Subdivision HOA, City of Aspen. TOTAL FEE: $2,290 (make check payable to "Pitkin County Treasurer"), which includes: • Planning Flat Fee: $2,240 (non-refundable; based on 10 hours of staff time; if staff review time exceeds 12 hours, the applicants will be charged for additional time above 10 hours at a rate of $224 per hour); and • Publication Fee (for Vested Rights): $50. Fees for Hearing Officer at $175/hr. To apply, submit the Total Fee specified above and 5 copies of the following documents, unless otherwise noted: Klaus obermeWr Properties, LLC 1041 Hazard and Scenic Review Page 6 • 0 1. Letter of request describing the project and addressing the provisions of the Pitkin County Land Use Code listed above; 2. 24" x 36" draft 1041 Hazard Review Site Plan prepared in accordance with Subsecs. 3- 80-050(C)(1)(b) and 5-70-040 of the Land Use Code; 3. Floor plan and elevation drawings of proposed residence (if available; MUST FOLD); 4. Photos as seen from designated right-of-way; 5. Letter of consent from owner authorizing the applicant (1 copy); 6. Street address and parcel description, including legal description, and 8-1/2"x 11' vicinity map locating the subject property within Pitkin County; 7. Proof of ownership of the property complying with the requirements of Subsec. 5-70- 020(D) of the Land Use Code (1 copy); 8. This Pre -Application Conference Summary Sheet; 9. Executed copy of Pitkin County Community Development Agreement for Payment of Land Use Application Fees form (attached) (1 copy); and 7. List of all adjacent property owners (1 copy). NOTES: ➢ PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COPY OF YOUR COMPLETE APPLICATION. PLEASE SUBMIT TWO-SIDED COPIES OF ALL REMAINING COPIES OF YOUR APPLICATION (IF POSSIBLE). 24" X 36" SITE PLANS MUST BE FOLDED. PARCEL ID MUST APPEAR ON ALL DOCUMENTS INCLUDED IN YOUR APPLICATION. This Pre -Application Conference Summary Sheet is advisory in nature and not binding on the County. The information provided in this Summary Sheet is based on current zoning standards and the staffs interpretations based upon representations of the applicants. Additional information may be required upon a complete review of the application. ➢ The Pitkin County Land Use Code is available on-line at __ enpitkin.com. Klaus obermeyer Properties, LLC 1041 Hazard and Scenic Review Page 7 Attachment B: Authorization to Represent November 11, 2005 Klaus Obermeyer 115 ABC Aspen, CO 81611 To Whom It May Concern: I hereby appoint Tom Newland of Newland Project Resources, Inc. to act on my behalf on all matters pertaining to planning and permitting in front of Pitkin County, Colorado, for the real property located at 58 Maroon Drive, Aspen, CO 81611. If this letter is insufficient, I may be reached by phone at (970) 925-5060. Klaus Obermeyer ,*:,A o T A R Y r(P PUBLIGp jss. This foregoing instrument was acknowledged before me this 11 th day of March, 2003, by Klaus Obermeyer. Witness my hand and official seal. My commission expire Notary i r n•�'v•i �ti, t > ti i;,��fjLuliv Attachment C: Disclosure of Ownership r Commitment for Title Insurance Fidelity National Title Insurance Company A Stock Company COMMITMENT FOR TITLE INSURANCE FIDELITY NATIONAL TITLE INSURANCE COMPANY, a Corporation, herein called the Company, for valuable consideration, hereby 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 covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefore; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. 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 hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six (6) months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. This Commitment shall not be valid or binding until countersigned by an authorized officer or agent. IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to become valid when countersigned by an authorized officer or agent of the Company, all in accordance with its By -Laws. This Commitment is effective as of the date shown in Schedule A as "Effective Date." Pitidn County Title, Inc. 601 E. Hopkins Ave. 3rd Floor Aspen, Colorado 81611 970-925-1766/970-925-6527 Fax Countersigned Au ture Fidelity National Title Insurance Company BY .� PPOR4 �9- , � SEAL no 0 President ATTEST Secretar y FORM 27-83-66 (9/94) Valid Only if Schedule A and B are Attached ALTA COMMITMENT - 1966 The conditions of this commitment require that the premium and charges be paid prior to the issuance of the title policy(s). Therefore, no policy(s) will be issued until the charges have been remitted to the issuing agent • 0 COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: August 4, 2000 at 8:00 AM Case No. PCT15525 2. Policy or Policies to be issued: (a) ALTA Owner's Policy -Form 1992 Amount$ 1,625,000.00 Premium$ 3,313.00 Proposed Insured: Rate: Standard KLAUS F. OBERMEYER SR. (b) ALTA Loan Policy -Form 1992 Amount$ 0.00 Premium$ 0.00 Proposed Insured: Rate: Tax Certificate: $10.00 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: ROBERT J. ZIEGLER and CHRISTA M. ZIEGLER 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: LOT 2, ASPEN TENNIS CLUB AREA, according to the Plat thereof October 14, 1965 in Plat Book 3 at Page 46. PITKIN COUNTY TITLE, INC. 601 E. HOPKINS ASPEN, CO. 81611 970-925-1766 970-925-6527 FAX AUTHORIZED AGENT Schedule A -PGA This Commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. • SCHEDULE B - SECTION 1 REQUIREMENTS The following are the requirements to be complied with: ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record to -wit: 1. Duly executed and acknowledged Deed, From : ROBERT J. ZIEGLER and CHRISTA M. ZIEGLER To : KLAUS F. OBERMEYER SR. 2. Duly acknowledged certificate of the authorized Managing Agent or Board of Directors of Aspen Tennis Club Homeowners Association certifying that there are no assessments for common expenses which remain unpaid or otherwise constitute a lien on the subject property. 3. Certificate of nonforeign status executed by the transferor(s). (This instrument is not required to be recorded) 4. Evidence satisfactory to the Company that the Declaration of Sale, Notice to County Assessor as required by H.B. 1288 has been complied with. (This instrument is not required to be recorded, but must be delivered to and retained by the Assessors Office in the County in which the property is situated) 5. Completion of Form DR 1079 regarding the witholding of Colorado Tax on the sale by certain persons, corporations and firms selling Real Property in the State of Colorado. (This instrument is not required to be recorded) 0 • SCHEDULE B SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following 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. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are 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 hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted as reserved in United States Patent recorded in Book 55 at Page 31. 8. Easement and right of way granted to Rocky Mountain Natural Gas Company, Inc., in instrument recorded October 19, 1961 in Book 195 at Page 443. 9. Terms, conditions, provisions, obligations as set forth in Contract for Water Service between Aspen Tennis Club Area and The City of Aspen, as set forth in instrument recorded in Book 221 at Page 486, Book 222 at Page 104 and in Book 222 at Page 334. 10. Right of way Agreement by and between Aspen Tennis Club, Ltd., and Mountain States Telephone and Telegraph Co., recorded in Book 222 at Page 319. 11. Those terms, conditions, provisions, obligations, easements, restrictions, assessments and all matters as set forth in Protective Covenants for Aspen Tennis Club Area recorded October 14, 1965 in Book 216 at Page 132, Amendment thereto recorded in Book 516 at Page 221 and Book 756 at Page 411, and in Book 791 at Page 811, deleting therefrom any restrictions indicating any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin. 12. Easements, rights of way and all matters as disclosed on Plat of subject property recorded in Plat Book 3 at Page 46. 13. Easement and right of way granted to Aspen Metropolitan Sanitation District by instrument recorded September 23, 1971 in Book 258 at Page 41 & 45. ADDITIONAL INFORMATION AND DISCLOSURES The Owner's Policy to be issued, if any shall contain the following items in addition to the ones set forth above: (1) The Deed of Trust, if any, required under Schedule B-Section 1. (2) Water rights, claims or title to water. (NOTE: THIS EXCEPTION WILL APPEAR ON THE OWNER'S AND MORTGAGE POLICY TO BE ISSUED HEREUNDER) Pursuant to Insurance Regulation 89-2; NOTE: Each title entity shall notify in writing every prospective insured in an owner's title insurance policy for a single family residence (including a condominim or townhouse unit) (i) of that title entity's general requirements for the deletion of an exception or exclusion to coverage relating to unfiled mechanics or materialmens liens, except when said coverage or insurance is extended to the insured under the terms of the policy. A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanics' and/or Materialmen's Liens executed by the persons indicated in the attached copy of said affidavit must be furnished to the Company. Upon receipt of these items and any others requirements to be specified by the Company upon request, Pre-printed Item Number 4 may be deleted from the Owner's policy when issued. Please contact the Company for further information. Notwithstanding the foregoing, nothing contained in this Paragraph shall be deemed to impose any requirement upon any title insurer to provide mechanics or materialmens lien coverage. NOTE: If the Company conducts the owners or loan closing under circumstances where it is responsible for the recording or filing of legal documents from said transaction, the Company will be deemed to have provided "Gap Coverage". Pursuant to Senate Bill 91-14 (CRS 10-11-122); (a) The Subject Real Property may be located in a Special Taxing District; (b) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained form the County treasurer of 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: A tax Certificate will be ordered from the County Treasurer by the Company and the costs thereof charged to the proposed insured unless written instruction to the contrary are received by the company prior to the issuance of the Title Policy anticipated by this Commitment. This commitment is invalid unless Schedule B-Section 2 the Insuring Provisions and Schedules Commitment No. PCT15525 A and B are attached. Attachment D: Vicinity Map . . I :-. . Subject Property + r, �74'1' J -.4, .-A P N- it r A J— Klaus Obermeyer Properties, LLC 1041 Hazard and Scenic Review Page 8 BACHARACH BURT F TRUST JOHANNESSEN JAN C/O DIAN VAUGHN PO BOX 650 10100 SANTA MONICA BLVD #1300 BASALT, CO 81621 LOS ANGELES, CA 90067 LEEPER LARRY A & ALICE A PO BOX 758 OURAY, CO 81427 PINION PROPERTIES LLC 218 E VALLEY RD #104-335 CARBONDALE, CO 81623 LUCAS WENDY C PO BOX 650 BASALT, CO 81621 SHERMAN VICTOR 2115 MAIN ST SANTA MONICA, CA 90405 Attachment E: List of Adjacent Property Owners LANDERS JAMES H & LINDA J 2005 CANAL POINTE LITTLE ROCK, AR 72202 PAICIUS RICHARD M 450 NEWPORT CENTER DR #550 NEWPORT BEACH, CA 92660 WILLIAMS RHYS A TRUST 10 MAROON DR ASPEN, CO 81611 Klaus Obermeyer Properties, LLC 1041 Hazard and Scenic Review Page 9 41) � �j 1 �.... - �......... - -- — .10 71 >n ...._ ._.._. _ .._ — _._ _.._ .__--_...._...._-- _._ .__ .� � ..•.__ --._ ...... ....... ..r _..... _..... __ ._-- --... �. _.._. ..._.- .._.. _._ pcJli:L?!a:Cs `� • P�L�1: :-tr{C. _ ./. .. � �---•---' 1 � Aft Au i � �� `• apt j � i� don �• l,� �QU l / i 11 � t� ! / o • 4 I Wes.•'- j1•� _...._ � .-_....J �._._ �fi r �C/SiIL._.�h.1f.- _...1bPG�. Lit•iE r._..- � ._.. ...... -._... ........._.._.-. _..._. __ ..._.. ___•• _--• _•._ _-•• __.._.—_ _.._ _.....-. r_... _._._ _._.._... _-_-.._ -, _.. _...- _ 1.....- 2Cn7. 71 -CP 6"- 2_0,1 UTILITY Yi'flL"t�EliT OATTACHMENT F: Site Map of Existing Conditions J I' .. _ ... _ ... _ .._.., , ..., ,.. -.. .. -... .-. R. _ ... tit% • �.- :,�.. s.. - ;.�. - �. sin.- - �: ,. _ - a SURVEYOR'S CERTIFIC E flA 1, ____LEA AST ---- do hereby oertitp that I am a Regis- tered Protemixal Engineer and/or ford Surveyor, and that I hold certificate No. 4Ocm prescribed tinder the laws o! the State of Cil f tur+.l;sr otrifty that by authority of the Owners, I have d x` � \� � ``�• ASPEN:. TLC NN�� �L UB � tract of land shown on t after to be known as ASPEhis plat and described mode a survey ui the below, and have suLavided safd.tracl o` land into lots and streets, here - Sir N TENMS CLLa AREL \�rl' ar�d that amine haIi been aorTft Surveyed and staked on the ground shown on this plaL Lot1yDJ1Rr—i11 aou>tsE Dar. � llalAiaos A RNCEL a LAID LYM "10W 0" THE SIrt" SIM". ROW OF THE aTH 10001OIry1L AttRQ ^ YTWITE N TW CMWY — D< 5747E OF COLOR400 �JID IrON[ PARTICULARLY per_ AT TWI M CIA O► tiECe AND RININE Nuol ,-C A PONT N R w ERN! RiICr TIN W 'THDCIt SSTMW h "IN Up FL 11982, Nal F A 28"TW MI Mft TO THE MINI, IN SAID A AM IL N T 1 t. teawa - uAt + :. —y —� _ •- ACKNOWLEDGMENT Lull STATE OF COLA COl of i •� alerae On thsAlti day of AD. 19 fcpeaimally appeared before t•' .Rs To eernE sir r+orewA.c i.PMFAMe W a Y 'OM ecr Ol IN SUBMmor. me, the undersigned Notary' Public, in and for acrid County of ► i#J4.a_ •.. .. - l ",-La Low Wr AO1 "Vn wf e11"W" OW" r CAMMme. Ualw A ffm saom '. in sairi State of Cola; the slgner( ) of the above. Owner's dedioation, . that__ AX .; Au Ill wsi n' enesra' sr oslNl .gin number, who duty acknowledged to me —_—,. ssaod . &-f ors w Ar sF cAsamo Ys me wr7w4e Aa.own signed it freely and voiunt=Lf and for the uses and purposes thsrefn . s+ses �aeeq aey ON MIOON "M AwR, ti Mr oorAUMONEU ?MAR FUMV .. IIESOX" i 4 i1ML_Of3V:r�Y CO. BOARD OF HEALTH A9PRQYAL. °. APPROVED 7Hm-�_�.. - DAY OF _—; - _ . AZ .10 —w.r....:. USE 6 MESIWAN i - C• FliABD OF HZ iETH .. COUN"Y SURVEYOR'S CE??IFtCATE APPROVAL AS TO FOIM COUNTYCOMalLSS10NAPYROVAL6ACCEPTrNCE RECORDED 4F STATE OF COLA (;Ot1E}YY OF , PE..GA['4I. AND FII ED AT THE A& 1. NEPESY ,Tf'Y THAT i :IAVF. HAD 7}tt8 PUT, AM SAID TF.AGT, AS STALED. AFPA'�VED AS TO FOf11A T}CS �_,...__ __:.. PRF6IIITi 0 t0 THE 90AEm O< _ COU:7TY OC�IOASSIO:Rd6 THIS QUEST OF COUNTY FLAh�' !NG COMMISSION APPROVAL DAY' OF : tt. A D.,' 1§l.. i AP Ti $,:— _ _ - -EXAKHFD 8Y TECS OrTlC$. AND R m CORRF7LT AND IN AOODaDANCE TPIT'li D!• - . IMY OF A.D, �0�. - L'AY OF n.. 19__ _. AT WH10E1 TIME THIS .__^.� _.. r-- - THE COUNTY r•Ul1RrMGCX'il.1�('r5310h - - - - FOHTMTION-ON FQE IN TICS MICE SUBDIVISIOC WAS APPROVED AND ACCEPi'TD� Lu . /'L. a-- i _ - DATP�+ T[►4E�i13_.._t1_DOUI JJww _ _ r /,�o tt AFS:JRDQi _ C�CSUtTFY"..U�VET.ON ATTORNEY _ C.)UN[Y C.YAK CHAIR. Fu: OF OG. COi{M, FEE f .. t� V � �� ._. ... _. i. . P1 lT."It ,. 1.1 • A?L ... _ _ _ —. _ ...-- _.CVUYfY L Ai Y[ 4 • •UC' . .'. IIMY A.NDY/D •1 AQtlU• f11 �__ ---. ^,gJM17 CDf•.fl.]Ov[TD. - .. .. ATTACHMENT G: Proposed North Elevation and Site/Landscape Plan VA 71 gmr �s t �•.l i f r ° y t`r� � l� �L Sri i 1 � 71 t.` `•i��. { �t .t }ice' �.�}}rrs •\ li � t t . , '.t fit � T�� :l M :s � I 1 1 1• r 1 t 4•' S -1►: Wf�Sr, Q � u�� �; �- i � `.;K �/yam/�/Y]o/sac u7u � J n e .r"- PROPOSED SITE/LANDSCAPE PLAN SCALE: 1" EQUALS 30' NEW NATIVE PLANTINGS w z 0 0 o� Qc G DRIVEWAY i EXISTING {TO BE REI I I NEW NATIVE PLANT LIST: Shrubs to be planted include Antelope Bitt(- 'i; Chokecherry; Common Juniper; Mountain Mahogany; Mountain Sagebrush; Fringed sage; Mountain Snowberry; Rabbit and Serviceberry. Ground cover seeding shall be placed uncle aunty's recommended seeding methods and rates and will include Bluebunch Wheatgrass; Green Needlegrass; Idaho Fes lean Ricegrass; Letterman Needlegrass; Mountain Brome; Heddlea ndthread; Slender Wheatgrass; Thickspike Wheatgras, ialr:;rass and Western Wheatgrass. T x O U M r_ Z M LOT 2, ASPEN TENNIS CLUB 1041 HAZARD REVIEW MAP A PARCEL OF LAND IN SECTION 35, T 6 S, R 89 W, 6T]H Ply[ COUNTY OF PITKIN, STATE OF COLORADO EDC NOTES: 1. BASIS OF BEARINGS FOR THIS 65'29'00" E BETWEEN THE NO RTHE WITNESS CORNER WITH A REBAR AN EASTERLY CORNER OF LOT 2 A 25 REBAR. 2. THIS PROPERTY IS SUBJECT T COVENANTS AND EASEMENTS OF REC THE TITLE COMMITMENT PREPARED NO. PCT15525, DATED AUGUST 4, 2000. 3. DATE OF SURVEY WAS NOVEMBER 23, 2005. 4. THIS MAP IS BASED ON THE RECORDED PLAT ASPEN TENNIS CLUB AREA, ACCORDING TO THE PLAT THEREOF RECORDED OCOTBER 14, 1965 IN PLAT BOOK 3 AT PAGE 46 AND CORNERS FOUND IN PLACE. 5. ELEVATIONS ARE BASED ON A TBM, A 25 FOOT WITNESS CORNER TO THE EASTERLY CORNER OF LOT 2, A NO. 5 REBAR AS SHOWN. APPROXIMATE ELEVATION EQUALS 7909 (HAND HELD G.P.S.) FEET, CONTOUR INTERVAL EQUALS ONE FOOT. .SU.UV +U.UU Z.I ILO`F. LO ■ 40.00 & GREATER 2.5 1523.60 PITKIN COUNTY COMMUNITY DEVELOPMENT DIRECTOR APPROVAL THIS LOT 2, ASPEN TENNIS CLUB 1041 HAZARD REVIEW MAP HAS BEEN REVIEWED AND APPROVED BY THE COMMUNITY DEVELOPMENT DIRECTOR THIS DAY OF 20_ , SUBJECT TO THE TERMS AND CONDITIONS OF THE ADMINISTRATIVE DECISION NO. RECORDED IN THE PITKIN COUNTY CLERK AND RECORDER'S OFFICE AS RECEPTION NO. COMMUNITY DEVELOPMENT DIRECTOR LS #37935V(SET) ATTACHMENT H: Proposed 1041 Hazard Review Plat GRAPHIC SCALE 20 0 10 20 40 80 / ( IN FEET ) / 1 inch = 20 ft. = 24,87' REBAR (FND.) ELEV. = 7909 PROPERETY DESCRIPTION LOT 2, ASPEN TENNIS CLUB AREA, RECORDED OCTOBER 14, 1965. IN PLAT BOOK 3 AT PAGE 46 EXCUTED THIS DAY OF , A.D., 20_ OWNER THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF . 20 , BY STATE OF COLORADO ) COUNTY OF ) WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBLIC WAI VEfi': APPLICANTS ACKNOWLEDGE THAT THEY HAVE BEEN INFORMED BY PITKIN COUNTY OF THE EXISTENCE OF "1041 HAZARD AREA" THAT MIGHT AFFECT THE PROPERTY, ANY IMPROVEMENTS, AND THE USE AND OCCUPANCY THEREOF. APPLICANT, Ti5M N WLAND RK AND RECORDER THIS LOT 2, ASPEN TENNIS CLUB 1041 HAZARD REVIEW MAP HAS BEEN XCCEPTED FOR RECORDING IN THE OFFICE OF THE PITKIN COUNTY CLERK AND RECORDER IN PLAT BOOK _____ AT PAGE _____ THIS _ DAY OF _____, 20__r AS RECEPTION NUMBER __________ . CLERK AND RECORDER ILw Z Z ro >DO; g ( 0012 z°02W5�aW o IL u1�,m 00 N L at�ww ZU N Z O o U)m no: CS o wOOZ O �0(9 U t- IS) ��UW 0 < Z U N O � Q O Itm 00 Q J q U q 4 N z� OD ~ 0 U 0 00n 00►0 oin zV) a wN .dm dI (o0) i ■ i WW � cr1 138 d— O-0 W Z V ZN�-�=. Q O�j W adN1 F� WN NO M mo > cn wn a o1 li. a z w,z U) � a D Y O W a u rat U) W mU >o n� UO �w Wo J Z � o() W-U W �- } W a W z W 0 N w° IL Ir in a.. pY d 0 NZ O W Z PROJECT NO 2051784.00 0929 NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. 1 File Edit Record Navigate Form Reports Format Tab Help. a _ .9 Eb Routing History Conditions Sub Permits Yaluation I Public Comment ', Customer Reguest i Attachment: Man Roijting Status j Atch/Eng Parcels Custom Fields j Feel Fee Summary i Action: Perrrit Type asl�_ _,Aspen Land Use 2004 Perrnit p 0001.2006.ASLU Address F% MAROON DR ApUSuite City iASPEN State,C� Zip f 1611 Permit Intorrnation I Master Perms _ Routing Queue Task, Applied 11211grAM L. Project' PITKIN COUNTY REFERRAL Status iwM Approved Description KLAUS OBERMEYER LLC 1041 HAZARD & SCENIC REVIEW Issued F — Final Submitted EZRA LOUTHIS 920.5092 Clock FRurining Days f 15 Expires 12/29/2006 l j Visible on the web? Permit ID: 36879 -- Owner ...... ..... ....... _ ...... — Last Name iPITKIN COUNTY COMMU Fist Name —� 11330 S GALENA ST PEN CO 81611 Phone (970)920-5526 { Owner Is Applicant? Applicant Last Name JPITKIN COUNTY COMMU FisiNamel 130 S GALENA ST ASPEN CO 81611 Phone :`(970) 920.5526 Cust d 25142 t > v $$$$$$$$$$$$$$$$ $$$$$$$$$$$$$$$$ COMMUNITY DEVELOPMENT **Deuces are wild** Employee Card 1 Card 2 Card 3 Card 4 Card 5 Joyce Allgaier K Chris Bendon 3 Denise Driscoll A Alex Evonitz 10 v Ben Gagnon Q Amy Guthrie 7 4 James Lindt 7 Sarah Oates 8 4 Jennifer Phelan 6 REMINDER -- if you did not receive a card, it was determined that you were involved in a preventable incident. You have the right to appeal the decision to the Safety Team if you disagree with the determination. 2005 Losses # $ Worker's Comp 0 0 Property/Casualty 0 0 2005 $$ Goal -0- 2006 Losses Worker's Comp 0 0 2006 $$ Goal Property/Casualty 0 0 -0- (These numbers reflect both preventable and not preventable incidents) Your safety bonuses and the safety training programs offered to City employees are funded by savings on insurance premiums, audit credits for compliance with safety policies and procedures, and credits for low loss experience.