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HomeMy WebLinkAboutFile Documents.1470 Tiehack Rd.0058-2022-BRES (8) RED 1001 Grand Ave Suite 103 Glenwood Springs CO 81601 O These documents have been specifically prepared for 1470 Tiehack.They are not minable for use n other projects or in other locations without the approval and participation of the architect. Reproduction prohibited without approval of the architect. 2023 368825 B-747 P-193 04/11/94 01:07P PG 3 OF 3 368825 B-747 P-191 04/11/94 01:07P PG 1 OF 3 REC DOC STATE OF COLORADO ) CONSENT SILVIA DAVIS PITKIN COUNTY CLERK & RECORDER 15.00 )ss COUNTY OF PITKIN ) AMENDED ASSIGNMENT AND ASSUMPTION AGREEMENT // In consideration of the receipt of Ten Dollars($10.00)from Pearce Equities Group II Limited The foregoing instrument was acknowledged before me this//4 day of March,1994, Liability Company,a Utah limited liability company,and in consideration of the personal THIS Amendment to Assignment and Assumption Agreement("Amendment")in entered by James T.Pearce,Jr.,as Manager of Pearce Equities Group II Limited Liability Company, guarantee of James T.Pearce,Jr.,as set forth below,the City of Aspen hereby consents to the into this 11th day of March, 1994,between PEARCE EQUITIES GROUP II LIMITED a Utah limited liability company. above Amended Assignment and Assumption AgrcculEbt,pursuant to the terms of Paragraph 39 LIABILITY COMPANY,a Utah limited liability company("Assignor")and MAROON CREEK of ttlP6ritr Service Agreement dated July 26,1993. LIMITED LIABILITY COMPANY, a Colorado limited liability company ("Assignee") .,,,,,. WITNESS my hand and offi'I e .......Py": Reference is made to that certain Assignment and Assumption Agreement dated November 13, commission expires: {TTEST: THE CITY OF ASPEN,COLORADO,A •1993,recorded in Book 737 at Page 899 of the real estate records of Pitkin County,Colorado. - f�•'••' MUNICIPAL CORPORATION SCAL This Amendment is entered into to correct the execution and acknowledgement of Assignor and . i• > g(� Assignee to such Assignment. • A -,,�,jy , L7,,....-+✓U ~r Q o Q 1'it: r+f! P.? In consideration of the payment by Assignee to Assignor of Ten Dollars($10.00)and 3,., Q ' S h,City Clerk John h:nnett,Mayor other good and valuable consideration,receipt of which is hereby acknowledged,Assignor OF COLORADO ) hereby assigns to Assignee all Assignor's right,title and interest in and to that Water Service )ss GUARANTEE Agreement dated July 26,1993 among Assignor,the City of Aspen,Arthur O.Pfister,Elizabeth COUNTY OF PITKIN ) H.Pfister,the SEP Residence Trust,the CDP Residence Trust and the Aspen Skiing Company (the"Water Service Agreement"). Assignee hereby agrees to assume all obligations of Assignor The foregoing instrument was acknowledged before me i� day of March,1994, James T.Pearce,Jr.,in consideration of the consent of the City of Aspen to the above Amended under the terms of the Water Service Agreement. by James T.Pearce,Jr.,as Manager of Maroon Creek Limited Liability Company,a Colorado Assignment and Assumption Agreement,hereby personally guarantees to the City of Aspen the limited liability company. performance by Maroon Creek Limited Liability Company, a Colorado limited liability company,and all of its members,successors and assigns,including,but not limited to Arthur WITNESS my hand and offal seal, y� O.Pfister and Elizabeth H.Pfister,of all obligations and duties originally imposed upon Pearce PEARCE EQUITIES GROUP II ' ' My commission expires:c... mot'/'%A Equities Group II Limited Liability Company,a Utah limited liability company,by the Water LIMITED LIABILITY COMPANY, Service Agreement dated July 26,1993. A UTAH LIMITED LIABILITY __ COMPANY 7••,• ' ' - �- :74e...-4-)) / Notary Public J T.Pearce,Jr., .1.i.1, ().: 1,1 r e; individually BY J es T.Pearce,Jr ger Uf,too, STATE OF COLORADO ) MAROON C EK LIMITED COUNTY OF PITKIN )as LIABILITY COMPANY, A _ L sl COLORADO LIMITED LIABILITY The foregoing instrument was acknowledged before me this/ day of March,1994, ,ck. COMPANY by James T.Pearce,Jr.,individually 368825 5-747 F-192 04/11/94 01:07P PG 2 OF 3 WITNESS my hand and official ( ce/ \\\ By My commission expires: - '6' �' k- \ J s T. earce,Jr anger !\1 tJ Notary Public \4 avh\maroon\docs1assign.agr N i TIEHACK RESIDENCE 1470 TIEHACK RD.ASPEN CO 81611 SD 2/1/2022 DD 3/16/2022 HOA 2/25/2022 PERMIT 2/1/2023 191 SCALE,' _ ,' 191 1/2.. 1 rr�� SCALE.1' = 1'-0" JK SCALE:1' = 1'-0' 0 1/2" T. 2" FULL LAND USE APPROVAL RECEIVED LUA.1 02/02/2023 ASPEN BUILDING DEPARTMENT RED 1001 Grand Ave Suite 103 Glenwood Springs CO 81601 I 1 © These documents have been specifically prepared for 1470 Tiehack.They are not suitable for use on other projects or in other locations without the approval and participation of the architect. Reproduction prohibited without approval of the architect. 2023 Jai t•R k]y - ' «. " +vbBfl't't A>Sra+A+:`.ti,» by - a 2'wvwr+. ' .ax� •,�.- - ;' _ ,. .i ,e.M- - ... saiVnas:wer+.c".�::.x �. w. uv�..: ..,.� . ., a. . ,r x363350 Davis, 93 ki U6 Rec Perk,0 BK 4.0 PG 472 f5,' mAa 43(3350 11/16/9. 09:06 Rec f15.O1 BK 731 P6{74 Giivra ave s, Pitkin Cnty Clerk,k, Doc f.00 L- .: x3633SU it/ib/93 U9:aa6 kec f15.1U 731 F' 473 Silvia Lav:s, Pitkin Cnty Clerk, Doc $.00 �e -- ij Silvia Davis. Pitkin Cnsv Clerk, Do,. .,, f.. En ' AGREEMENT " s d. the costs, if any, associated with the obligations set source of water and type of sewage treatment are to be different z forth in Paragraph 32.h. of the Water Agreement which would r than that historically a of satewage such facilities. THIS AGREEMENT, dated as of the day ofAogr �J otherwise be an obligation of ASC; and 1993, is made by and between PEARCE rQdITIeS GROUP II LIMITED { set 7. This agreement may only be assigned by PEG II in d LIABILITY COMPANY, a Utah limited liability company, ("PEG II") g, the Costs, if any, ofassociated Water the obligationsconjunction With an assignment under Paragraph 39 of the Water and the ASPEN SKIING COMPANY, a Colorado general partnership, - forth in Paragraph obligation ig•tic the Agreement which would Agreement. This agreement may only be assign by ASC ("ASC"). otherwise be an obligation of ASC. -{ successors in interest in the subject Lot 49 and shall run with WITNESSETH: �\. 3. In the event the Water Agreement is terminated for any c such property. ASC may also collaterally assign its rights and not within the control and responsibility of ASC after its �( interest under this agreement, in whole, but not in part, to any 1', WHERfor, the parties have executed a Development Agreement reason implementation, PEG II shall insure that potable water is lenders as a part of a secured financing or refinancing by ASC in Contract for Purchase and Sale, as March 1, 1993, ("Purchaseprovided to Lot 49 in the Maroon Creek Club Development at its connection with said Lot 49. after delivery of notice to PEG II Contract") relating of various mattersof associated with a ole expense in quantities and quality consistent with the water --, of any such collateral assignment, such lenders and their assigns shall have a right to written notice of default and the right, Colorado, commonlyt projlyt of PEa II ei"Maroo in eek Cn boDeve, 1a to be provided under the Water Agreement. j1 ;.€ sht lot vet orighttton, io envy a ceaofndefe ltpanduthey io turn Colorado, AS, ii, known as the "Maroon Crank Club Development"; any default of ASC. If any such lenders or the-ir assigns shall 4. ASC is the owner of that certain well located within the f succeed to ASC's interests under this agreement such lenders or . ngEmuni, pa cwatertser with the development, PEG II is 3 subject development that is known as the "Buttermilk Well No. 5" - their assigns shall interests the ruthiss and obligations of ASC as - seeking municipal water service from the City eof) Aspen pursuant ; and that is sometimes referred to as the "Tieback Well" of the date such lenders or assigns or any succe of V to a Water service as Exhibit ("Water Agreement"), copy of which (hereinafter the "Well"). The Well was originally adjudicated onsor acquires title to Lot 49 of the their assigns development. 1. is attached hereto as Exhibit A; a April 26, 1976 with an appropriation date of October 5, 1970 in ` �'3 4 Case No, W-2019 in the Garfield County District Court for .033 r� g• This agreement shall only be terminated in writing by Wy'toAt, ASC, as a result of the Purchase Agreement, must be c.f.s. for conmercial and domestic uses. In Case No. 90CW35 in h mutual agreement and the hall of this agreement shall continue a party to the Water Agreement; the District Court, Water Division No. 5, the point of diversion until such termination. WHEREAS, the parties desire to enter into this agreement to was changed. It has well permit number 034357-F issued to it. s 1 The Well has historically been used to provide water to ASC's 9. Paragraphs 9(a) through 9(h) of the Purchase Agreement e address certain issues thathave arisen in the Wateree Agreement, facilities at the base of the Tiehack area of she Buttermilk Ski '.. era .incorporateda herein by this reference and shall have the same i. that may be related to such agreement, and that were not Area. The pasties acknowledge that ASC retains all right, title ., force and effect hase if set forth in their entirety. t l addressed in the Purchase Agreement. and interest in and to the well. It is anticipated that the c `[ - subject development may require that the Well be capped and n PEARCE EQUITIES GROUP II LIMITED 40, c NON THEREFORE, he consideration es the a and cove and longer used as a result of the location of buildings or LIABILITY COMPANY, a UtahIIlimited ants set fort.,Rnrein, the parties agree and covenant as ` facilities at the Well's relocatecurrent location. In such event, ASC liability company follows: shall have the right to the W¢11, at its expense and in ` , ' i its discretion, on Lot 49 and shall have the right, in its _ � � 1. ASC agrees to enter into and execute the Water Agreement discretion, to abandon the Well. in the event of a relocation of Data: g 4 n a timely manner, subject to the provisions set forth herein. the well, PEG II agrees not el object he event to protest relocation such F �/ Tit1Gf .M v,wOo� '' \ I relocation. $ 2. PEG II agrees to pay directly to the City of Aspen the following costs and expenses, which would otherwise bean 5. Historically, ASC has treated sewage from its Tiehack \ ASPEN SKIING COMPANY, a Colorado t \ obligation of ABC, when due: facilities through a septic tank and leach field system• As a general partnership a. any and all costs associated with the development and part of the subject development, PEG II will be installing sewage systems that will tie into the sewage treatment facilities of the By: MKDG III/MEDG IV1 PARTNERSHIP, a conveyance of the subject easements provided for in Aspen nsol.dated Sanitation District. ASC's facilities at the Colorado general partnership, Paragraph 13 of the Water Agreement which would otherwise be base of Tiehack will be included in snob system. PEG II agrees • General Partner an obligation of ASC; to pay when due any and all connection and start-up fees associated with the hooking up of ASC's facilities to the system. i. P ? gy: MRDG III ASPEN, INC., a b. any and all 2.etap fees and hookup charges when due under ASC will be responsible for the normal operational costa once the it Delaware corporation, General • Paragraphs 19, 1be an and gati of the Water AgreaIDent which - system is hooked up. Delaw ' would otherwise be obligation of ASC; ' 6. During the construction phase of the development, PEG c. the costs a meters, with the purchase and a installation " II agrees that ASC's facilities in the Tiehack area should , :::' „Col w/!:3 BY: e of service line meters,whe, which would otherwise be an d z- continue to have uninterrupted potable water and sewage treatment N obligation of ABC, when due under Paragraph 20 of the Water i i.:Y from October 15 through April 15 at PEG II's sole expense if the E ate: i/t l Agreement; 2 3 } t r y Y TIEHACK - RESIDENCE 1470 TIEHACK 472 e 1 r-o 472 3 RD.ASPEN CO SCALE:r - 1 0 o vz 1„ 2., 472 scAle:r v-o. 81611 o yr 0 SD 2/1/2022 DD 3/16/2022 HOA 2/25/2022 PERMIT 2/1/2023 FULL LAND USE APPROVAL RECEIVED LUA.2 02/02/2023 ASPEN BUILDING DEPARTMENT RED ... � sarr•.:vae+;�..._..._ .._-. i .,...�,.. 11/12 93 lbe 0 Re f1T0. 0 BK730 /bQP/ PG 607 *363236 / 1 c 0 PG 8 16r10 Rec lerk',cop::f70000 *363236 11/12/93 16;10 Rec $170.00 BK 730 PG 60B 6323 Davis,11 Pitkin city Clerk,1 Doe f,00 1001 Grand Ave k363236 11/12/93tkln Cnty ClerkSilvia Davis, Pitkin Cnty Clrk, Doc $,00 103 k763236 I1/t2/93 16i10 Rec f170.00 HK T30 P6 606 Silvia Davis, P, Suite Recordedar *Silvia Dis, Pitkin cncy clerk. Doc f.00 ,, ��x,lo Glenwood Springs 3" SUBDIVISION MAROON E 'TS AGREEMENT FOR `. s references m"Pfister Ranch/Golf"or the"Project"shall mean and refer to"Maroon Creek CO 81601 ReceP11en Reorderw; SUBDIVISION IMPROVEMENTS AGREEMENT FOR 1v p MAROON CREEK CLUB MMAROON CREEK CLUB Club". b RECORDING REQUESTED BY: l RR - (_ WHEN RECORDED RETURN TO: I. Recitals 2 t4 This Agreement is made and entered fmo this day of SCp/ .1 D. The approval of the Project ia Wso evidenced by the Final Plat captioned Final .}; Subdivision Plat and PUD for Maroon Creek Club(the"Final Plat")recorded in Plat Book 3 Ronald Garfield,E9 -2- by and between the COUNTY OF PITION,COLORADO LIDO(hereinafter referred to as"County"). 601 Garfield 8 Hecht,P.C. 2. Description of Project and PEARCE EQUITIES GROUP II I MITFD LIABILITY COMPANY,a Utah limited at Page l f of the real estate rxords of Pitkin County,Colorado. These documents have been 601 East Hyman 11611Menn .rspecifically prepared for boon -s- liability company(heretna0er rcfemed to as"Pearce"). E. In granting said approval,file County M1as:G)Polly consdered the proposed Tieback The t for 1470e for Aspen,Colorado 81611 • l 3. Project Area Co coonuse o Y are no RECITALS development as described in the Resolutions and the anticipated benefits and burdens n other projects or n other 4 Floor Compliance Procedures ''k neighboring properties (it)Polly considered the requirements of the FirkinCounty Land Use use without the approval and _ V. - A. Pearce,as successor in interest to Marron Creek Development Corp.,o or Code(the"Cade")now in effect and such other laws,rules and regulations as may be participation of the architect Y' S. Civil Engineering Dnwoogs 7 'l� is the lessee of certain real property(the"Property")which has received approval from the applicable,and(iii)imposed conditions and requirements as more fully set forth in the Reproduction prohibited without _ County ry protectpromo approval of the architect. Board of County Commissioners of Pitkin County.Colorado('BOCC")of the Pfister Ranch and enhance Resolutions,which public'conditions and requirements and elfare.Court deems necessa to p 2 the 6 Public Access and Trail Improvements j - Gott/PUD for the development of single family homesi[es,lownhames to be codomimumized. -10_ - a championship golf course,commercial square footage,lodge units adjacent to the existing 7. Underpasses and Rods E, Grand Champions Club,and employee dwelling units(bee to ter the"Project')as shown on ceF. Under the rs he authority of Section 6-4 5 of the Code,the County is entitled to _II- the PUD Plan for the Project captioned"Pfister Ranch/Golf Detailed Submission'(the'PUD assurances that the matters hereinafter agreed to will he faithfully performed by Pearce or 8. Maroon Creek Pedestrian Bodge Plan"),recorded in Book 657 at Page 327 of the real estate records of Pitkin County,Colorado, Pearce's successors and assigns.Pearce is willing to enter into this Agreement and provide such -12• and amendments thereto recorded in Book 657 at Page 387 of the real estate eecotds of Pitkin assurances to the County. 9. Van Service County,Colorado. WITNESSETH S12- § 10. RFTA Bus Stops B. The approval of Ore Project is evidenced by certain resolutions(the'Resolutions") consisting of:(i)Pitkin County Resolution No.90-87 captioned"Resolution of the Board of NOW,THEREFORE,in consideration of the premises and the mutual covenants herein SIIBDIV{S[ON ,, 11. Grading and ladxapu8 13- County Commissioners of Pitkin County,Colorado Gaming Approvat of General Submission contained,it is agreed as follows: 8 ,, - `" ` _I} for Subdivision,1041 Environmental Hazard Review,Scenes Foreground Overlay Review, 12. Utilities Planned Unit Development and Rezoning for the Pfister Ranch/Golf Application"recorded in 1. Recitals. The recitals tel forth above are incorporated herein by this reference Book 629 at Page 471 of the real estate records of Pitkin County,Cobndo,(i)Pitkin County and made a part of this Agreemeto We ad Each of the County and Pearce agree that said erc Iar ore 1J. Water Quality •14- Resolution 91-111 captioned"Resolution of the Board of County Commissioners of Pitkin correct. In the event of an conflict or inconsistent terms,the tes,provisions .14- County, Colorado Granting Approval of �IetlaY>1°wirare fhaf or Subdivision, tec tiDevelopmnt theretcondioions of,PUD the General amendments theretothereto orion VFinail Detailed theSlatestsoton f saidpapprovaalls,Plats or I i . ,. - _ 14. As-Buhit Survey Environmental Hazard Review,Scenes Foreground -14- Rezoning,Special Review Approval for Relocation of the KSNO Radio Tower,Lot Lice amendments thereto shall govern and control 15, Financial Assurances Adjustment with the ARU 1'roprrty, General and Deeded Submission to the 'Grad -16- Amendment'Portion of the Application and Amendment to the Buttermilk Ski Area Master Pun 2. Description of Proiect•The Amended Detailed Submission approval includes the 16. Certificates of Occupancy for the Pfister Ranch/Golf Application"recorded in Book 657 at Page 306 of the real estate fallowing elements: records of Pitkin County,Colorado,(its)Pitkin County Resolution No.91-112 granting certain -16- (a) Residential(Overall density of eighty(80)frre market units aedthitoy-nine l7. Improvement Maintenance Agreement amdmnu to the Detailed County,Colorado,sien approval recorded m Book 657 at Page 384o of the real (39)multi-family employee housing renal units plus one(1)single family employee sale _lam estate records mo Pitkin (iv)Resolution No.92-226,anE Resolution of the Board Ill Remedies of County of County Commissioner of Pekin County.Colorado Granting an Extension for the Maroon unit.) -17- Creek Development Corporation to Submit the Final Plat for the Pfister Ranch/Golf Project,.I (p Single Family-forty-three(43)single family free-market lots to i •- y 19. Notices Recorded July 30,1992 in Book 684 at Page 881 and(v)Pitkin County Resolution N°.�3_IO'l he developed as follows: _Ig- granting Final Plat approval recorded m Book`'[ a[Page of the real estate records of 20 Voted Right Pitkin County,Colorado. A. Eleven(11)lots each allowing up to ten thousand(10,000) t& al of the Detailed Submission ad amedments the square feet of floor area per lot. The specific lots approved for ten s,,. 21. General Provitiop C. Subsequent to obtaining approval name of the Project was changed from"Pfister Ranch/Golf"to"Maroon Creek Club". All pr -2- E R 60 606 6 606 3 AA SCALE:,' 0" 0 1/2" 1" 2" SCALE:,' _ 1'-0" G 1/2" ," 2" - SCALE 1' 1-0" 0 12" 1" 2" SCALE:1' - '_'. 0 1/2' 1" k363236 11/12/93 16:10 Rec $170.00 BP 730 PG 610 ,...o..we li/ Silvia Davis, Pitkin Cnty Clerk, Doc $.00 p6 bll n't/YS 16:10 Rec $170.00 HK 730 PG 612 s k363236 11/12/93 1be 10 ftec f17U.00 BK 730 k363236 11/i2/93 16:10 Rec f170.00 8K 730 pH 61s Silvia Davis, Pitkin Cnty Clark, Doc f,00 Silvia Davis, Pi tk[n Cnty Clerk, Dec 9.00 Silvia Davis, Pitkin Cnty Clerk, Doc f.00 thousand(10,000)square feet of floor area each consist of Lots 1,2,3, - tare feet 5,12,16 and 41 through 45. t purpose of this restriction is to assure that after individual Ias are sold by ? (i) Twelve(12)idge rooms of five hundred eighty(580)square Iti Pearce,none of the subsequent owners will be permitted to obtain each fora total of six thousand nine hundred sixty(6,960)square feet adjacent homes ardor townhomes shall be entitled to appeal to the Clean At Board for additional B. Twenty-fat(24)lots each allowing up to six thousand for Portapproe, for larger homes where such approval would it the discretion of • or attached to the Grand Champions Ciub. fireplaces if sacb ewuer can provide a plan which creates less air quality impacts. (6,000)square feet of floor area per lot The specific lots approved Peale be contrary to the overall development plan for the Project. At six[housed(6,000)square fat of floor area each consist of Lou 4,6 any time on or prior to the sale of an approved single family lot Pearce 3, Project Construction. (0 Peale shall coma the Environmental Health Department should mineral through I1,19 through 31,40,46,47 and 48.As more fully set forth in shall have the right to record(in the deed of conveyance or by separate waste,waste rock or mire dumps he encountered during the excavation phase of the Paragraph 2(a)(i)D below,Pearce has the right to increase the maxim um instrument)a provisions as to die grupmum dlowed square footage taking (a) The Project ad Ore improvemrnt provided for in this Agreement will be Project. Disposal of such materials off-site is discouraged due to the possibility of the floor area square footage of any one or more or al of these lose to six in account the sions of Pan n its 2(a)(i)A.through F.above. excessive heavy metals being present in the soil. This is particularly pertinent to fill provi B P 8 constructed in phases. Pearce amprovem that the phases of the Project will be thousand five hundred(6,500)square feet of floor area. ! constructed generally in accordance with the buildoe(the"Phasing Schedule")t)attached material on the ate which has been transported from the Little Nell Ski slope. p6 (fi) Multi-Nagy- o seven hundred free market euroed(1 8.0h) hereto as Exhibit"A"which contemplates a bufldoet of the Project,other than single C. Eight(8)feet each allowingrarea up lot five thousand five maximf a aggregate floor area ofd one hundred area. No in thousand(ti-f ily family lots,no later than the year 2004. This Phasing Schedule replaces the schedule (g) Pearce shall plan concoction activities and areas in a manner that will hundred( five square feet of floor per to The specific c lots square feet,excluding underground garage floor area.No individual l multi-family approved by the BOCC as part of Resolution Na.91-112. The Phasing Schedule does cause as little disruption as possible to the State Highway 82 traffic. mich approved for oofe thousand 322 through love hundred(5,moe square feet fo pot area calc sago s f r t ese its all eight hundred(4,SW)pauare. Al Fl n aror not apply to tie development of homes on the approved forty-three(43)lots which Para rapist of Iota to Perc ha. e As more fully set m in the these units for these under shallu not include sub-surface exemption All nd parking for development may take place at any time and shall not be subject to the build°ut (h) 'The historic portion of the barn on the south side of the Project shall not Paragraph 2(a1(i)D footage Pearce Its the right to increase the maximum these unit shall be underground. Because of the exemption of underground requirements of the Phasing Schedule.Substantial amendments to the Phasing Schedule be demolished. The bans may be moved intact or disassembled and moved to another floor area square feetf any one or more or all of said lots to six - parking from floor ed fifty(750)square the multi-family older shall got be entitled set forth on Exhibit"A"shall be approved by the BOCC;however,insubstantial location on or off the Project. I thousand(6,000)square of Boor area. to the seven hundred (750) feet exemption for on-grade parking amendments dull be approved by the Director of the Pitkin County Punning Office,(the structures. (i) Pearce shall comply with the 404 approval for wetlands disturbance from "Planning Director").Where Pearce t unable to adhere to One Phasing Schedule or any D. Pearce shall have the right m add up:o five hundred(500) amendments thereto that may be approved,such non-adherence shall not result in any the Army Corp of Engineers as outlined in the Army Corp letter with conditions dated square feet ho floor afiv th any one or more or all of the lose approved for ng) Employee Housing-onam the earth side of Highway 82,a complex loss or abadoament of any Project approvals,including Growth Management Quota March 19,1991 and attached to Resolution No.91-111 as Exhibit"E'. either five thousand five hundred(5,500,or six thousand(6,000)square consisting of thirty-nine(39)multi-family rental unit,including thirteen(13)ore System allocations or replacement.In the event of such ran-adherence,Pearce shall be feet of floor area(lots 4,6 through 1I,19 through 39,40,46,47 and (1)bedroom units,thirteen(13)two(2)bedroom units and thirteen(13)three(3) required to obtain approval of an amendment 10 the Phasing Schedule from either the (j) For all buildings within the Project,building heights shall be measured TIE H AC K 48). The additional square footage shall be obtained by utilizing up to bedroom units(the"Employee Housing Complex")end on the south side of BOCC or Planning Director,as ante rate,trader the circumstances. pursuant to Code provisions in effect at the time of issuance of Building Permit with the RESIDENCE sixteen thousand(16,000)square feel of the one hundred forty eight Highway 82,one"for sale"replacement for the Mathis unit. exception nosed in Exhibit"C",the Balk and Area Chan,Note M2 to Resolution No.91- the sand feet approved for the townhouse beaswctura.To (b) The Resolutions provide Oat no excavation or demolition(ineluding Ill. 1470 TIEHACK de extent such square forage is utilized,there shall be a townhouse nloprding @) Commercial demolition of the Aspen Country Inn and Park Meadows)or other types of building reduction in the total square footage allowed for the beac(espetures. (k) Prior to issuance of a building permit for any underground parking RD.ASPEN C O No one single family lot shall utilise mom than five hundred(500)square (i) Addition of thirty thousand one hundred(30,IO golf square tat m the permits will to issued until the Tkhxk underpass/entracee wiWnation xhedule is approved bythe State of Colorado Highway Department. This requirement has been structure,involving to issuance fra b or maintenance areas,a registered v par lion ng Lest for a garage mayo the sixteen thousand(16,003)ofthe ol square fee[. existingrage,Grand Champions andd snack he including full service Th ddbho of can aP the State of Colorado,Department of Transportation of engineer shall approve the design to insure that harmful levels of pollutants arc not 81611 Larger garages sehe constructed p utilizing anyLots the B-11 area9- storage,maintenance hnd (30,1 ) eethMeli ay house.This addition of thirtyPermitsattd by the issuance by generated inside or vented outside of the structure. 8 8 Bn8square thousand one hundred(30,1(q)square feet ixludes six thousand(6,000)square No.3g0090. footage otherwise allocated to that particular lot. 4,6-I1,19-31,3or fat of replacement from the Tiehack ski area(Romeo's restaurant)and nine 39,40 and 46-48 shall contain attachedgarages onI Detached or (c) If,in the opinion of State Highway D.. anent or the County Sheriff's (I) Pearce shall submit a fugitive dust plan to be approved by the Y thousand two hundred(9,200)square feet of replacement from the Aspen County prior B attached garages may be d in the preceding ce all single family lose in the ProjectDepartment,construction activity will result in any tan de traffic conditions on Highway Environs rental Health Department to issuance of an excavation or building permit I I other than those specified in the preceding sentence. Ito. Of the(41)additional thirty thousand one le Bred rl storage square fine eight 82. for all portions of the Project. SD 2/1/2022 4. [housed(8,000)square fee[dull be allocated to can storage and maintenance Pearce will implement appropriate traffic control measures such as signs,flagmen DD 3n 6/2022 E. Each of the forty-three(43)sitgk family lots to be facilities and up to ore thousand two hundred(1,200)square feet shall be or the like to mitigate such conditions. BOA 2/25/2022 (m) All new residential buildings stall incorporate the following water PERMIT 2/1/2023 developed shall be eligible for an employee caretaker units subject to allocated to the snack bar/halfway house. (d) y oanythe State conversoon devices in their designs:toilet(tank-type flusho-meter)per flush-1.5 review and approval pursuant to Section 3-8.13 of the Code. Both ant to removal,per,it m s required,yd an he Coloradolia S le gallons,serials per flush 1.0 gallons;low flow shower hods. (ii) Championship eighteen(18)hole golf coutx. accomplished pursuant to valid permits and will comply w Emissions Standards for Asbestos. 4. Floor Area Compliance Procedures. F. The on Countyy of the that none (f the square approved footages allowedf for improvem ents ets increased any set the titter ee ent Pearesra se family lots) Addition of one hundred fi nine(I59)parki s aces at Grad (e) Champions Club. � � P There sM1all be a Iimi1 of two gas log fireplaces per building for exit single (a) Fach time a lots will be ice without the written convent of Pearce or a successor ( familyhome and to plan f e building.Pearce shall be entitled'°appeal to the Clean Air Building Permit application is fled for ern of the townhomes designated by Pearce for such purposes)having been fin[obtained. The E Board to approve a pun for the single family and/or townhome elements of the Project or single family homes,Pearce shall obtain from a licensed architect and cause to be f (c) lodging delivered to the Planning Director a certification as to the individual square footage floor which crates leas air quality impact. In addition,individual owners of single family area for such a Planning or single family homes to he convected and the to aggregate -4- _5_ I -b- FULL LAND 606 USE APPROVAL 606 2 - ' 7 a ,/2 = 8 RECEIVED 5 SCALE:1' - 1'-0" 6 606 606 0 vz^ 2 SCALP 1' - 0 12" 1" 2" SCALE:1' 1'-0' SCALE-,' C' 0 LUA.3 02/02/2023 ASPEN BUILDING DEPARTMENT 4363236 11/12/93 16:10 Rae $170.00 BK 730 PG G19PG 616 #363236 11/12/93 16:10 Rec $170.00 BK 730 PG 617 #703236 11/12/93 16:30 Rec 4170.00 OK 730 PG 613il R E D Silvia Davis, Pitkin Cnty Clerc, Doc $.00Davis, Pitkin 0 Ro Clerk,$170. Doc 4.00 Doc 4 00 Silvia Davis, Pitkin Cnty Clerk. Doc 4.00 Silvia Davis #363236 11/12/P3tk6^1 cnRYe rserk�BK T70 �, Silvia Davis. square footage floor area of all townhomes or single family homes that have obtained j,' request a Certificate of Occupancy for Base Area parking lots subject to the restrictions set forth in tt hundred lui o The newne(121) for Relota[nd Portion of Govenunem Trail"may be further relocated sisterly of goilllf course between Pearce,the County and the City of Aspen. In the even[of any building permits to date. Each time Pearce shall1. an of the towtihoma or single family homes,Pearce shall also provide to the Planning Tiehack parking hats shall'accommodatenot less to request theBOCC to review this packing the ProjeM to cotulecl with t dedicated trod on Common Parcel Q which shall coMlict or inconsistency between the provisions of such separate agreements ant this Yn /' 1001 Grand Ave Director,a certification signed by a licensed architect as to the individual square footage parking spaces. farce permitted qq� serve as a connection to crosses L ts Trail.At t time°f rhls further reRl shall be Agreanent,t provisions of ach operate agreements shall govern ant comrol. • Governmentasaco Trail n ito crosses Lots 3,4 and 5 and Common Parcel a shall be 7, Underpasses and Roads. Suite 103 floor area, s to be for each and the aggregate see ganef family home for whit,a built, of requirement baPsed roc cha.iged circumstances.isactually o t Maroon would be Crack Pbeecotos Bridge /- towoboOccupancy is single obtainedland the sthea floor y be square footage,as sotto,for all changedd inc Parana fh d belows of allowing review of t parkin requirement by the 1 vacated. of - Glenwood Springs • row the s or single family homes,as t case may be,that have previously obtained changed circumstance for purpose mg CO 81 Sp Certificates of Occupancy. Square footage floor area computations made in connection BOCC. (iii) The relocations described in 6(d)(i)and 6(d)above are approximate accamoodatinpa pedestrians thevicinity taof t era to employee complexutu purposes as l locations and may he adjusted to accommodate final alignments as agreed to by w:, g pev P Y B with the issuance of a Building Permit or Certificate of Occupancy,when obtained,for (b) peas shall construct three nordic trails.The lust will he via t existing Pearce the United States Forest Service and other necessary ownerships. a trail link between the Owl Creek bike path and the AABC bike path. Pearce shall not 601 any townhouse or single family home shall be the square footage relied upon an each trail along tt pan of t west aide of Maroon Creek included within the Property.Thus he eegmred to constmct this underpass except in con)aaxren with t widening of State subsequent computation made hereunder. towards t _ N nordic tail will extend from a point on t east boundary of the Property (e) During t winter only,t golf course on both the non,and souse sides Highway 82 into a four lace highway in t area of t employee housing complex and to the new Tiehack base . providing the certifications described in Paragraph 4(a) Aspen Nordic Center at t City golf course and thenseat,southerly of the Property along the of Highway 82 will he made available for cross-country skiing. Actual trail locations - provided that any necessary easements are obtained by the County. If this underpass is s @) In addition to pro gon snow conditions.Setting of tails ahatl avoid t:r built at the expense c another agency such b t Department of Transportation.Pearce These documents have been each time a Building Pewit application is filed for a single family lot utilizing parking area. The sicond fordo 0 provide ha co gioa to Government Tail and Owl may vary from year[0 year dependigg Y specifically prepared for 1470 above, S Tiehack They are not sudable for townhouse Boor area square footage,t Architect's a single le family shall also base of t Buttermilk Ski Area Pbe t rebated Aspen Airport Business Center greens,tees and sett ma^-made obnacles car features of t golf course- Access tot S shall apply t estimated cost of t underpass as set forth in Exhibit"C"to this on other protects or n other any of t nts from public roads.Each calmer the fie location Agreement i additional funds towards t cost of t Maroon Creek Pedestrian Bridge use Creek Tail. The third tad volts shall be via denigrated poi sPeC1 royal as described in Paragraph 8 below. q include:(i)the townhouse Boor area square footage being utilized for that particular locations without the approval and homesite,(it)all townhouse square footage utilized to date for single family homesites, ('AABC")tail on the south side of Highway 82. Pearce shall only be responsible for of t nordtc trails an t golf course and access treta shall he subjeot to t a)ip participation of the architect. and(iii)the aggregate townhouse square footage remaining.taking into account all square the conswction of the taus shown on the Final Plat which are located ant Property. V of ',, (It) Pearce shall be responsible for t construction of t Stage Roadffiehack Reproduction prohibited without footage utilized on single family homesites to date. The parties recognize that Pearce is not the owner of all lands required to make theRoad underpass structure and roads(i.e.North Underpass Road and South Underpass approval of the architect. I Thecon parties to Goverment Tail nor shall Pearce be ref all l n s required such other lands, ) (fl The existing bike path along t north aide of Highway S2,sometimes {, Road as shown on t Final Plaq tt connect new Sage Road with new Tiehack Road. OvButtermi underpasses Area s shall sett ovprovideddb sP aices or t boo in st Tross a portion iii referred to as t AABC tail,will be relocated to accommodate development oft 2023 (c) Should any of the certifications required in Paagraph s 4(a)or 4(b)abovec The connecting roads will he deigned to aceommodate vehicles,inelnding sno- exceed x eateteat any blegle family lames foor t go net fo in Paua rocphs hs 2(t agghroug of Buttermilk Ski Are tooldes riibeeddhercil Parag ph 6(d)below,shall be set, Project and as relocated will remain on the n° side of Hi h kayp82 she of State cats,golf carts,pedestrians and designed t winter,accommodate atr motor.U vehicles, g the exiting Hate D of this the Agreement, allowable door aCounty o square fyowghhold cosh n of f the B lldog A through t winter,t northreserves t right to require Pearce to relocate a po of ,Colorado highwayrightofin t82 g C of of Occupancy, an y,Che case may withhold issuance single oft home or Permit ar "roomed and it")tor some the County or Amon-pro anti Nordic Council,Inc.(the Hi,cats 82 east of t Sage Road/Tiehack Road Underpass which relocation stall he .I a accommodate anfumre widening of Sock Highway structure riot currentlyproposal.dmned to non-profitY 1 8 Y o that exceeds s Occupancy as the case may be.for such sidle family home u ownhome Nordic Council None oar appropriate�nngt that l subject :shall bS mm t over Golf Course Parcel 8 in t area shown on t Pirml Plat as ReservW connecting road will have a sixty(60)foot High right-of-way and except where it crosses t that exceds the allowable floor area square footage until the allowable square footage by t County.Roadoft setting,grooming or for Furore AABC Bake Path and Trail". Sate of Colorado highway rightof-way,shall be dedicated to the County. If required the responsibility of Pearce. Further, in t event of any usage oft Stage for such swmures has been resolved. the underpass structure and adjacent area(i.e.Parcels T and U as shown on t Final I Road/Tlehack Underpass as a nordic trail,Pearce shall not be responsible for (8) At such time as t Couny is able to secure necessary bike easetmoe^ h, plat)wet be s structur to t Sate of Coloado for Parcels Highway 82. Peso may also provi g B along t south side of Highway g2 from t west boundary of t Prope Y enter into a reemems with the Sate of Colorado allowing for upgrades tot underpass (d)Floor Floor a a for al ns Mr es and single family homes Jude be calculated din adequate snow Lion t n. existing Owl Creek Road,Pearce shall from t Sage Route necack Road Underpass to g by the method specified in the Code in effect at the time of budding pewit issuance for (c) The new soil to Government Tail tough Lot 4q may he relocated by an-eaumeNs for and coiisuuct a bike Vail to structure and adjacent areas including,but not limited to special lighting,finish materials, each lei area calculations:or t rownhomes shall not include underground t west boundary oft Property,g landscaping and special signage. portage.for Paps area caleulazimc will result in any reduction m the approved square the dedication01 of a new tail Final Plat for both summer and winter use or two rails,one cmmect with Owl Creek Road. fornages for t Pi.ijeet. being t Vail shown on t Final Plat as it from[.sets 17 and 32 tough 40,being for (c) Pearce shall be responsible for t construction of new Tiehack a I I winter,nordic use only and a relocated(or additional)Vail being for summer use only. I (h) All clew or relocated rags s4a11:(i)alonB Wg arai8al foment and deign portion of which will be to the County.All maintenance of Ticktack Road Road,a 5. Civil Engineering Drawings. Pau has submitted and the County(acting of t highway Into cpnideation whendevelopang tsped 1C g e t Count - remain of responsibility bey dedicatedPadre. the dedicated portion mte wall soutky from t y remain the with Sate Highway 82 to t southerly entry o t be soot parking to be through the Aspen/Pitkin County Engineering Department)has approved the civil engineering (d) provided dot t agreement of the United Sates Forest Service or other and(ii)be consvucted in accordance with rireM oil sendaMs adopted y .I ll parties,it any,as may to be in ownership of nit Trail lands is obained,Pearce shall and in lace at t time of conwcrion and m t case of t Government Tail contracted on Loa 14 and 15 and w01 have in part a sixty lint foot right-of-way th y and Inc drawings for the Project afrasw rh a honed Maroon Creek Club Final Plat Submission connection,turrets tail standards adopted by t llNtnd Sates Forest Service. Trail - In part a forty tea foot right-of-way all as shown on t Final Plat. When the new Cavil Engineering sDrawings:aymdaended 1,�A ,that Prepaid by ovemeuser,Gordon.Meyer, have t fallowing rights to relocate Government Tail or connections to Government easements o he conveyed to t Ctty of Aspen shall mar City 0t Aspen tail sandards Tieback Road u constructed,Lary Chair Road shall he abandoned,When the and Inc.(the"Civil Drawings").Pearce shalt conswct the Project infrastructure in accordance with Tail. at t time of connection. During wnsrnation vocals shall he kept open va tempoary revegeated. the Cavil Drawings and any amendments treto that may be approved. m Gol"as shown x Tail as it crosses Lots 3,4 and 5 may he relocated 6. Public Access and Trail Improvements. within said lots along a new tail labeled'Reserved for Relocated Portion of relocation. ate pears shall b -sponibte for t construction of rebated Stage Road Government Taal"as shown on t Final Plat. (() Fasements to t benefit of t Wbhc iecessary for t trails desenbed m which will have an eighty(' foot right-of-way dedicated to t County. (a) The public shall be allowed year-round daytime me of t new Thehaek Pie agraphg 5(m,(c),(d)and(d)above.Peal,be evidenced and more ttllres a`1 tin (ii) Government Troll as relocated to t new tail labeled"Reserved separate agreemems to be made between Farce and t County and wi pet -10- -8- -9- 606 606 ) 606 606 SCALE 1' = 1'-0" SCALE:1' - 1'-0" 0 la 1" 2„ SCALE 1' = 1-0' 3 SCALE:1' 1'-0' 40 1/2" 1" 2" 0 1/2" 1" 2" .. • $363236 11/12/93 16:10 Rec Clerk, 0 e 4730 PG 610 #363236 Silvia Davis, Pitkin Cnty 11/12/93 16:10 Rec 4170.p0 bK 7J0 #363236 11/12/93 Ibn 10 Rec $170.00 BK #363236 11/12/93 16:10 Rec $170.00 BK• Silvia Davis PS tk.ln Cnty C1 grk, Ooc 4730 PG♦19 pa 621 Silvia Davis, Pitkin Cnty Clerk, Doc COO PG 620 Salvia Davis,Davis• Pitkin Cnty Clerk, Doc 4.UU i .I (e) As shown on t Final Plat,that pontoon of existing Sage Road from new i y Stage Road to Stale Highway 82 shall be closed. With respect to that P°m°n of Sage _ from Pearce will be due within thirty(30)days after wrinen nonce is given by t County to po Champion Club expansion or ditch relocation on the Property B i d uncle ss is ca hated.Farce shall be res responsible for 10096 of t con of convection of may issue without re Road to be closed,t County shall gram Farce a license for parking,landscaping, I Pearce that t County has available the remaining funds necessary to convect t bridge,has two(2)shelters. The Precise location of t shelters shall be speifred by t RETA. Farce o t requirements of Ws Paagaph 12(a). g obtained all access easements end building pot ma required and construction has commenced. g P° (b) Pearce shall underground all utilities in t with t exception of utilities,drainage and roads,including roads accessing t employe housing complex. shall 2)st l such shelters based u n of the recommendations from RFfA. Use of the bridge by motor vehicles except for maintenance purposes shall be prohibited. On (fl Once contracted, the maintenance and repair,including snow removal, the west Bade oft bridge,Pears. provide aof aNre access sign and l on Common I1. Gradma aid bndsa^tpg. required surface mounted tranformea.talephoce and cable Projectevasaon pedestals,natural of t underpass structure,new Sage Road,that pan of t existing Stage Road that has Parcel Q as shows on t Final Plat. The consent of Pearce to the design and location oft gas,pump or pressure reducing nation,fire hydrants,meters and similar appurtenances not been closed,and t roads that connect new Sage Road o new Tieback Road(i.e. bridge shall be obained,which consent shall not be unreasonably withheld or delayed. Prior (a) Farce shall vegetate all area t[are disturbed by new construction or requiring above inaletion, irrigation,snow making and domestic water pump South and Non,Underpass Roads)shall be performed by Pearce pursaat to a separate . to any convection,t patties shall agree on t provision of a contraction licerae over lagda t removal of any existing structures within one year after a Certificate of Occupancy sequin wall be grade sheltered or placed underground. I. of Pearce to allow for work ev t bridge;provided,however,work t bridge shall not is received for the rww construcgon,or where roc new connructren is planned,within one ' Road Maintenance Agreement made with the County and recorded in Book t�(3pt Page P at�q of t real estate records of Parkin County,Colorado. hinder or interfere with any development of the Project or adversely affect any elements oft tt (1)year after the removal of the existing structure. (c) A new sanitary sewer collection system wall be convected for t entire r zf Project that have already ban ceeerocted. 77he County shell be responsible for t operation, W Project and will connect tot Rodeo Tmnklane an Stage Road. The existing Rodeo (g) Notwithstanding t Provisions of Paragraph 7(fl above,each of Pearce maintenance and repair of the bridge. If construction of the badge dies tot commence within (,) Grading and beweg along t Highway 82 coridor on ale non,side Trunkline within the Project will be abandoned and all existing connections to t rp five(5)years from t date of Find Plat rcordation,to to full satisfaction of any obligation ! shell screen major views of t rownhomes and employe housing units,Yet allow Buttewia wnklhe will he removed. and a Countylieu acknowledge a that o noon of the road and ate his Improvements will be constructed within t existing or expanded right-of-way for Sate Highway 82 and o contribute towards construction of the bridge Pearce shall make an unrestricted donation of I occasional open views of t golf course or clublause from Highway 82. Subject to Farce may o lieu sucho any dedications u ni°n to the County dedicate rights-of-way to t State One Hundred Thousand and No/100 Dollars(5100,000.00)to the Pitkin County Open Space timely review by t BOCC so as not to delay t Phasing Schedule,reasonable • 13. Water Duality. of Colorado for ceelroads or underpass improvements. Board. modifications to t grading and bewing along the Highway 82 corridor as dawn in the (h) Acceleration and deceleration lanes for new Stage Road and new Tiehack 9. Van Service. F PUD Plan nay he agreed to by Pearce and t BOCC to accomplish screening and open (a) All ponds shown l to the Project will be lined twialh a semipermeable I vim,objectives clay or oar suitable material to prevent water loss and potential for downstream Road at Highway 82 intersection will be constructed in accordance with t Sate of a pollution.Specific techniques will be implemented to prevent excessive evaporative loss Colorado Department of Transportation specifications for the construction of the new fa) Until such time as the Highway 82 pedestrian underpass described in 6(a) erosion Pis. above ss convected,Pearce shall apse an intents.van service o be rovtded to objectives. Para has submitted as a an of t Civil Drawings a tempoary Maroon Creek vehicular bridge approaches. p controlplan which has been accepted by t AspeNPitkn County Environmental Health from all residents of t employe honing compla.By'interact van service"t parties man est end t Pitkin County Engineering Department.This plan dais with erosion I (b) No proliferation of algae in natural streams shall be allowed to occur as (a) Provided t Pomegranate Association,by a Hs Agreement sufficient as o residents of thew, employee housing complex,service from t complex o t o related htoe Pitkin Coon of t golfi course and major is regrading ofthe Tieback _. T I E H AC K Roaring Fork Tianstq Agaey('BETA')bus stop to he the{Ind on t south side of plana result of t development of t Project.for such purposes,agrees to abandon its existing right a access Highway 82 as gamed area. A cost estimate for this as included an t attached schedule for Project in Deed of Easement recorded in Boot Tieback a[Page,pave Pearce wive ai cats expense,a[ Sate Highway 82 ant as to air residens of the Project,service to t Tehack parking public improvements. (c) During golf course construction and the first five(5)years of its operation, RESIDENCE the time of the construction ofthe new 7tehack Road, any existing portions of that lot or Grand Champions Club or both. A plan for van service adequate to mat the Pearce shall implement a water quality monitoring program as shown on Exhibit"B" Pomegranate easement area,pave any unpaved portion of the existing parking a and riceds of the residents of the employe housing complex shall be free mired tot (d) All buildings in t Project requiring water and sewer service shall be cable,wall address various elements of the Project such as landscaping show and Exhibit "1" T I E H AC K provide an alternative access to Highway 82 wet of the existing access at a s ific Plannng Office on sett before October 1 of each yhe When t cin comple oft provided rov rental wakr and sewer. No individual or private systems stall be treatrnegt. RD.ASPEN CO location o be approved by t Colorado Department of Tranpo^ation and Pitkin County pWestrian underpass is completed,van service to t employe honing complex sell avowed within the project. Engineerl When t alternativeandod access is the Po leg,t existing Pomegranate access toe • he diseontinued. Thereafter,van service within t Project from t market units 14. As-Bull[Survey.The location of various elements of the Project as shown on t 81611 Highway 82 shall he abandoned.Should Pomegranate East Condominiums have not agree o t RFTA Bus Stops deseribed an Pangnph 9 below may he on an"on call"basis (e) With respect to t landscaping irrigation plan shown on t PUD to abandon n right to the existing Highway 82 access,Pearce shall have no obligation only, PUD Plan,Final Plat or Civil Drawings;including but not limited to,utilities,roads and tails, h and existing parking and access to Highway 82 for Plan,t Plannng Director may approve insubsentral changes Crew which do not ins t best la r Cs of Farce as o where such improvements can and will he built. to perform under this paragraph 8 P 8 Sb adversely affect the public interest.Any other changes tot landscaping and irrigation represe P B Conmenein after canstnetlan of the new Tiehack rkin area isActual condition relative to construction require miner deviation variation as to t PomegranateMarEast Creek Pedestrian such remainge. en shall te,(b) B Pa ie plan shall be approved by the BOCC. baton n such improvements.co set such may as constructionemine of any oro all variations o s Project complete,Pearce shall cause to be provided van service from the base of Tiehack ski elements is complek,Pearce may cause t Prectse location of such improvements to be SD 2n/2022 8. Maroon Creek $300,0Bridge. Pearce 000 contribute Tree Hundred I' area to Rubey Park on race days and other maximum traffic days.The plan for this van (t) Pearce shall tot slow t use of poison for rodent control except upon surveyed. Based lone such survey.t Pluming Director shall at of request of Path approve DD 3n p/2022 Thousand and NO/100 Dollars($300,tk10.00)or fifty percent(50%)of t cost.whichever is t service shall be submitted annually on October I to an Pluming Office. Pearce shall approval of t County via an amendment to t PUD. HOA 2/25/2022 has towards area with Ise in a public pedestrian budge across Maroon Crock tro connect the tl; be pewitkd to request t BOCC tw review tltis van servih commitment based on insubstantial amendments s the PUD Plan,Foal Pitt or Cavil the request s to correct deviation PERMIT /16/2022 ofj eMognd circumsanihs. If t Maroon Creek Pedesrian IJrtlge is censtructed,this in the annul amt endments sto the of any such final Plat improvements.Tieback base area with Iselin Park.The Cuomo shall be disposable for the dc that oastn of t 12. Utilities. bridge,obtaining all requisite pewits and agrees that construction of t bridge will not y; would be conidered a changed cwumsence for purposes of alkiwi�review of t van 15. Financial Assurances. commence omit me mmeote percent(I00%)of t ssdr 00 is aridge.e and that construction service commitment by the BOCC. 3 (a) No excavation,demolition,foundation and/or grading pewits shall be will be completed within one(i)year of cepiplenremeN. The County shall be responsible for 30. EFTA Bus Stops. Pearce shall construct and deliver one I allowed until such time as there is an adequate legal and financial agreement with t (a) The County has determined that Pearce shall provide security sufficient to g ()public Ives stop j Cityof Aspenfor a water supply,as approved by the County Attorney which approval make reasonable provision for t completion of t Project public improvements for obtaining any access easements required on t east side of t bridge. The contributions due wits for the approved Grand shelter on each side of Highway 82 at the time construction of t Stage Road/Tiehack Road shall not be unreasonably withheld or delayed. Any permits pM which Farce is responsible in accordance with t Cavil Drawings or n shown on t Il -12- :. -13- -14- FULL LAND 606 6066 606 606 USE APPROVAL SCALE:1' 1'-0' SCALE:1' 1'-0' 0 1/2" 1" = = SCALE:1' = 1'-0'' Q z" D z. z., a 1/z. SCALE, D" 8 RECEIVED 0 1/2 2" G LUA.4 02/02/2023 ASPEN BUILDING DEPARTMENT RED 1001 Grand Ave *363236 11/12/93 16:10 Rec 6170.00 BK 730 PS 622 4 - SUlte 103 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 *363236 11/12/93 16:10 Bee $170.00 OK 730 PG 624 Glenwood Springs #363236 11/12/93 16:30 Rec f17D.00 BK 730 PG 623 Silvia Davis, Pitkin Cnty Clerk, Doe 6.00 Silvia6 11/12/93 16r10 Rec lark, 0 BK 730 PO 625 CO 81601 Silvia Davis, Pitkin Cnty Clerk, Doc f.00 Davis, Pitkin Cnty Clerk, Doc f.00 Final Plat or as otherwise provided in this Agreement. provided hereunder.The County agrees that it will not oppose the formation of a special to be corrected in order to cure the non-compliance.If Pearce,by written notice to the @) security(the"Security") improvement district for the purposes set forth herein. County given prior to the ex iration of the time to cum set forth in the Notice of Non- Courthouse Copy To: County Main S The mY")to be provided hereunder by Pearce shall p Courthouse Plana Building comply with Section 6-4.5(a)(1)(A)of the Code. Compliance.disputes whether or not a default exists,flier as soon as pmdicable,fhe These documents have been 506 East Main Street 16. Certificates of Occupancy. Ezra[as otherwise BOCC shell conduct a hasten sent any evidence relevant to Oe Aspen,CO 81611 1 specifically prepared for 1470 p provided herein,no Certificates g(the'Non-Compliance Heart )o determine whetherTiehe s They are not a e been for of Occupancy shall be issued by the County for any free market towrdome buildings or single or not a default exists.At such hearing.Peeno may pre on other protects or n other (c) No Security for any Project public improvements shall be required from family homes omit Pearce shall have obtained a Certificate of Occupancy for the enure alleged default. Should the BOCC detennice the hearing thin a default exists,[hen With To: Planning Director use Pearce until issuance of the first excavation,demolition or grading permits for any of the Employee Housing Complex. Provided Pearce shall have complied with either l6(aj or 16@) Pearce shall have ninety(90)days from the date of ninety hearing lime which to correct SPY ISOA.spen/Pitkin Planning Office locations without the approval and Project.Upon the issuance of the fret excavation,demolition or grading parcels for any below,Pearce shall he emitted to Certificates of Occupancy for all or certain of the free market the deficiencies. If at the expiration of said ninety(90)day time period,Pearce is Aspen,S.Galena Street participation of the architect. f the Project,Pearce shall,as to these pubic ea vrovemens described in Exhibit"C" townhome buildings and single familyhomes even though a Certificate of One gence o correct Oe deficiencies,then said time period shall be Reproduction prohibited without CO 81611 approval of the architect. avached hereto captioned"Project Public Improvements",provide security adequate to 8 S 8 Occupancy has not a nn ter ro ou�daz shall continue to proceed with due diligence a cortect2023 been obtained for the entire Employee Housing Complex: To Pearce: Pearce Equities Group II Limit* (a) assure the completion thereof in accordance wiN the Phasing Schedule. The Project such deficiencies. Liability Company Public Improvemens::halt include trails.Tiehack/Stage Road Underpass,all public and private roads,water,sewer and civil tnfrastmcture for the entire include free col Pearce may provide additional Security to the County to assure completion market lots,townhrmes and employee housing complex. Project of the entire Employee Housing Complex. In determining the amount of additional @) If Pearce shall fail or refuse to are the deficiencies identified in the Security to he provided hereunder and in Paragraph 16(b)below.Pearce shall not he Notice of Non-Compliance within the time mines ed c in Ote ierm a No eay(90lianco 60i East Hyman Avenue (d) Upon the request of Pearce,portions of the Pro' t public Improvements required to provide Security for the Employee Housing Complex infrastructure not be Hearing shall occur where the BOCC determines a default exiss and ninety(90)days Suite 104 that are completed shall be i P Security has already been provided for the infrastructure as part of the Project Public from Ile date of the tearing or any extensiam thereof dull passe right the deficiencies Aspen.CO 81611 p inspected by the County. Where the impaction shows that the improvements are substantially completed according to the Civil Drawl Improvements. being cured,lien a[e d time Hereafter Cotmty shall have ale right to drew on said approved plain and/or specifcaOom,the Can Atto rigs or other Scattily;correct Ote deficiencies in as ecotomically efficient manner as is practicable. 1 With Copy To: Ronald Garfield,Esq. Garfield&Hecht,P.C. my nay shall authorize ale release of 601 Aspen,CO man Avenue that part of Ole Security given to assure completion of such improvements. B (In The Employee Housing Complex consists of six(6)separate buildings. CO 81611 "subsrantial coin leted"the Y Pearce shall be entitled to provide the County with partial additional Security sufficient Subject w Ole force majeure Provision of Paragraph 2l(g)below,in file ly P parties mean rnnswction that u essentially complete other than"porch tin"type work for which the County may require continuing security. to complete any ore or more of the separate buildings and for each unit in an Employee event Pearce shall,for a pentad of ore(1)year beyond the longest permissible time Housing Complex building for which additional Security is provided,Pearce shall be allowed in the Phasing Schedule or any amendments thereto fail to substantially complete 20. VrSyy_toned. The BOCC has considered the needs of bah the County and (e) Where Pearce desires to obtain only pn ts for grading or the demolition entitled to Cen-'icates of Occupancy for two(2)free market townhomes or single family any Project element,the Project shall be Presumee d to be abandoned. If the Project is Pearce and has determined pursuant o C.R.S.14-68-101 g,�.that the Phasing Schedule lots selected byPearce. shall,for the time periods set forth therein,or any amendments thereto approvedaby County of any existing structures within the Project,then in lieu of the Security notice to Pearce,m drawthe Security to Pletetrucsic remaining Public or Planing Jtrector,constitute an extension of the vested ymii ri to the provide requirementsProperty. described in Paragraph 15(c)above,it shall be sufficient for Pearce to provide to the inParagraph prevent8 (i) Improvements in as xonominlly efficient manner as is practicable. I I County Security adequate to assure (c) Nothing this Pam m 16 shall Pearce from obtaining:completion of such demolition including removal of demolition,grading or building permits for the Project or(ii)Certificates of Occupancy2t. General Provisiolli all debris,backall and evegehalien or in the case of grading to restore as nearly as practicably the affected lands to is condition existing poor to the commencement of such for up to(,Q(a0 square feet to additions to the Grand Champions Club. (d) The remedies set forth herein shall be the exclusive remedies of the grading. Upon demolition of the Aspen Country Inn and provided that such use is not County in the event of any default under this Agreement by Pearce. No default later restored in accordance with Section 7-1.13 of the Code,that certain Agreement 17. Improvement Maintenance Aercemen. In accordance with Secti�n.6-4.5@)of hereunder byPearce shall result in any revocation or Iemlinatton of the Project approvals dated June 1,1981 and atsce with in Book 43l at Pa ( (a) Ibis Agreement shall be abject to and construed in accordance with the ge^21(and exhibits Nereo)between the Code,Pearce shall,prior to the conveyance,sale or transfer of any single family lots or as described to tie Resolutions. laws of the State of Colorado,including the Code. the County and lames q.request of aNla P ownhomes within the Project(excepting transfers by Pearce or its assigns of undevelopedlots extin fished. At Ue of Pearce,theinnate Inn shall be temiimted and granting )enter into an Improvement Maintenance Agreement with 19. Notices. Notice given to tic patties o Nis Agreement shall he named Biven if Bu panics shall enter into anyadditional or the mnti of Item to lenders p g @) All provisions,covenants,natrictiom and obligations contained herein agreements as shall be necessary o extinguish of record said Agreement dated lure 1, Maroon Creek Club Commons Corp.or one or more similar entities to provide for maintenance personally delivered or if deposited a Ore United Steles Mail to the parties by registered or shall run with and constitute a burden upon the title o the Property and dull be binding 1981 and exhibits thereto. In Ore alternative,if after demolition,the Project shall be in perpetuity of WI Project common improvements not accepted for dedication by the County. certified mail,postage prepaid at Ole addresses indicated below or at such 8 r address as may upon and shall inure o the benefit of Pearce and the County and their respective hews, abandoned or modified to exclude the Aspen Country Inn then such use maybe restored be substituted upon written notice by the parties or their successors or assigns and in the event in accordance ode Section 7-1.13 of the Code. of mailing shall conclusively be deemed received three(3)business days after the date of personal nepresenmtivere successors and assigns. 18. Remedies of Counts. registration or certification: (c) This Agreement to tire transactions the entire understanding and anslera and between P Noses Pitkin County Planning Office the parties herein with respect o the nly byelcontemplated hereunder and may he (I) Pearce may cause a special improvement district to be funned for u (a) In the event Pearce stall fail o ee m nt in any Project Public Improvements To the County: altered or amended from time to time only by written instrument executed by each of the of financing all or part of Oz comtnaction of the Pro'ect Public 1 for which it is responsible under this Agreement accordance with plans and/or 130 S.Galena 01 Street parties hereto. J mprovme of If inch specifications appearing in the Civil Drawings,the County shall provide Pearce with a Aspen,CO0 81611 district u formed,then a the time the district obtains funding from the sale of bonds or notice of noncompliance("Notice of Non-Compliance")together with the right fora (d) Pearce may assign is interest to ter Property to a third pity who shall other sources sufficient for the construction of the Project Public Improvements,Pearce shall be entitled to a release from the County of an equivalent amount of Security period of ninety(90)days after the receipt ebyshall Pearce of such notice to cure such non- develop the Property or portions thereof,including the construction of the Project public compliance. The Notice of Non-Compliance include a list of specific deficiencies -IS- 18 -16_ 17 6 606 606 606 606 SCALE 1' = 1'-0" SCALE:1' = 1'-0" SCALE:1' �+ 0 1/2" 1" 2" = 1�_0. 0 1/2" 1' SCALE 1' = T-0• 0 12" 1" 2" *363236 11/12/93 10:10 Rec $170.00 EK 730 PS 626 i�?ktl 6363236 11/12/93 16110 Silvia Davis, Prrkin Cnty Clerk, Doc $.00 Silvia Davis, pi Rec fa70.00 BK 730 PG 627 M763236 11/12/93 16130 R6e *170.00 BK T70 Ps tkin Cnty Clerk, Doc 6.00 Silvia Davis, Pitkin Cnty C16rk, Bee 4.00 *363236 11/12/Pitkin lCntYCC'*rk,ODOBK6700 PO of this gree contemplated hereunder,to,ccmdain with and subject to the provision - Si t v i a Davis, all of this Agreement. Pearce may also assign certain of its obligations hereunder to any I, (i) No provision et this Agreement shall be construed.:gaunt or interpreted j ACKNOWLEDGMENT PAGE TOmollarr to the disadvantage of any party by reason of such party having or being deemed to have V 1 SUBDIVISION IMPROVEMENT'S eV eme or name special districts or homeowners associations to be formed for purposes of requested,drafted,required or structured such provision. a Pe rhmnin%such obligatons. In the event Pearce shag assign its entire interest in the ' STATE OF COLORADO ) Property to a Ni-f parr,and such third party shall provide adequate financial assurances (k) In the event of any action for breach of,o enforce file provisions of,or )ss ,8i as Severity for the Project public improvements,Pears shall be released from all further otherwise involving this Agreement,the court in such action shall award a reasonable COUNTY OF PITIUN ) r' obligations hereunder. sum as attorneys'fees to the party who,in light of the issues litigated and the court's 424 decision on Nose issued,was the prevailing party in the action. The foregoing Subdivision Improvements Agreement was acknowledged before me this (e) Pearcc's obligations to construct the Project Public improvements " `Z day oft+lafil,1993 by James T.Pearce,Jr.,Member of Pearce Equities approving and (I) nt In the eve soy clerical,edministm[ive or other errors are found in this Group II Limited duty Company,a Utah limited liability company. contemplated hereunder are expressly contingent upon:(i)the County exau6ng the Final Plat and,upon completion of the town homes,approval and executor Agreement or any legal description or other exhibits hereto hereto in the event any exhibit by the County of one or more condominium maps,provided said Final Plat and shall be missing,the parties agree Inc promptly execute,acknowledge,initial and/or WITNESS my hand and official seal. ! condominium maps comply with all applicable provisions of the Code,and(ii)the deliver,as necessary,any documentation in order to correct the erroneous document, acceptance for recordation of the Final Plat and condominium maps in the office of the description,exhibit m to provide any missing exhibit My commission expires: 04 02 9‘ Clerk and Recorder for Pitkin County,Colorado.The County acknowledges that PearceII''''� tt�1/I��/�,>Qp�,•//�,' has already obtained approval to condomimumre certain Proles[demon consisting of (m) From time to time,Pearce shall have the right to obtain from the County, oif�(,C/`Y T a.?.o' file townllotrcs,lodge rooms and employee homing complex. an estoppel certificate whereby the County(by the County Attorney)shall certify to Notary Public (O This Agreement is intended to amplify and cony one certain of Ore Pearce or another party designated by Pearce such as a construction lender,that at the is provisions of the Resolutions.In the even of any conflict between the provuiom of Nu time of the issuance of such certificate and except as otherwise noted thereon:(i)no the rovisiom of this Agreement shall,to the fullest Notice of Non-Compliance has been given by the County,(ii)this Agreement is in full }r ..QOUG 0 Agreement and the Resolution, P B force and effect and(iii)the County has no knowledge of any default under this ..,ei' extent permitted by law,govern and control. Agreement on the part of Pearce nor does the County have knowledge of the existence STATE OF COLORADO ) Cdt r In the event that Pearce shall be delayed or hindered from rformi^• of any circumstances which with the passage of time would give rise to such default.In )ss (g) 8 addition,the certificate shall provide such other information as Pearce or any other party - OUNTY OF PITEIN ) under this Agreement(other than payment of any sums due or providing any Security) es[i the same shall reasonablyrequire,relative o this Agreement. The issuance TI E HAC K by reason of natural disaster,weather or seasonal conditions,labor roubles,inability to of such certificate shall not be unreasonably withheld or delayed b the C _ procure materials,failure of power or other utilities,war,or other reasons beyond is Y Y County. The foreggmg$nbdivision Improvements Agreement was aclmowkdged before me this RESIDENCE control,then the period for the performance hereunder shall be extended for a period f day re aP .f1 �t fk) ,1993 by Bill Tithe as Chairperson for the Board of County pytigp(G U1,B equivalent o the period of such dlay or hindemnce(the"Delay Days")• Wiom[piny IN WITNESS WHEREOF,the parties have executed this Subdivision Improvements Commissioners of lttkrrt County,Colorado. 1 470 T I E H AC K (30)al following the end of each calendar year,or soccer,Pearce slab naify the Agreement the day and year first written above. County in writing of any Delay Days claimed for the calendar year or other period. BOARD OF COUNTY IONI7LS ATTEST: • My commission my hind and oI? 2 aril- _ RD.ASPEN CO OF PITKIN COUNTY, My commission expires: I7"23-9 3 81611 (h) From time to time,Pearce shall have the right to obtain from the County, c C,*ay07om *,; to recordable form,partial releases from is obligations under this Agreement where such By By: p y*a.;i obligations have been fully performed or are no longer applicable When all the Bill Tuite, r t.�ft1�JY( 0/ 01)B \r obligations of Pearce hereunder have been performed m are no longer applicable,Ne C my C k f'abgp .'6'13+ ' ponies shall,at the request of Pearce and in recordable form,enter into a full release PEARCE EQUITIES GROUP II LIMITED Notary — 6 a SD 2/1/2022 (and termination)of this entire Agreementn LIABILITY COMPANY.a Utah limited N .fa'.let 0 ff..% Do 3/16/2022 liabili company ..,.".:2 . HOA 2/25/2022 (i) Each of the ponies agree to execute.acknowledge end deliver.such Posher ty PaY , '' J It • PERMIT 2/1/2023 instruments,documents or certificates and o do all things and acts as the theme party may ". reasonably require in order to tarty out the intentions of this Agreement and the re By/T //4 /� transactions contemplated hereby. 1 s T.Pearce,Jr.,M -19- _20' .21- • FULL LAND 606 C 606 606 606 USE APPROVAL 2 SCALE 1' = 1'-0" 5 0 12" 1" 2, SCALE 1' = 1'-0" 6 0 1/2211" 2„ SCALE:1' 0 12" 1" 2, SCALE 1' 8 1'-0" 1'-0" RECEIVED LUA.5 02/02/2023 ASPEN BUILDING DEPARTMENT RED ,warm a >isa,w alam....9 --�..a9+a7_ earls tta er.. .m._n --_,._- N363236 11/12/93 16 10 Re {I70 00 BK•�0 ps 63O • 1001 Grand Ave Silvia Davis, Pitkin C ty C1 k Doc$.00 N363236 il/12/93 16i 10 Rmc f1T0.00&C},�P6 ug AEiPENAPrTKMV • 6L1via Davie, Pitkin CnLy Clerk, Doe {.00 pJyVliiONMENTAL HEALTH DEPARTMENT Suite 103 Glenw Glenwood Springs •- Waste Engineering, Inc. e i I I )E31�IT 7e April 15, 1992 2a7D Alcoa Scree[ E >` !vtvg3:1::::::11:::: Bchard P. E. / Denver Cobrado 80211N363236 11/12/93161l0 Rec 4170.OU BK T3D PG 633 j703i473-27t1 Silvia Davis, Pitkin Cnty Clerk. Doc 4.00I ng, -' .0t B �d j' o 8021d ahtarch13,1992quest, .+e have reviewed the Water Quality Monitoring Th d is havebeeneeII sp f Ilyp p r�d for l4]0 "g R roon Creek Development Corp. as submitted in your Tieh k.Thy tees table for Match 13, 1992 Letter. In ordez in the report, are the points I r: other projects or n other • I i. found interesting and noteworthy• less 3t` 1 locations th approval and 1 i 1. water Reality Paraeatere eeleoted for monitoring shouldReproduction participation of the architect. result in a broad spectrum scan re surface and ground Ha9W P e,t approval of the architect.without R p d t prohibitedrtocr ^� canter pollutants. The locations are in those areas that . Marin Count,Environmental a we feel 'would poet likely yield the best and &bet p I a accurate information at this time. Background and j 130 South G.tena Street Aspen,Colorado 81611 2023 Y (: a proposed water quality should be established with the Al ^8 1 1 ro osed sampling schedule. However, additional samples RE: Maroon Creek Development Corporation-Water Quality ldonironng Program in Summer during agricultural activities and in Winter 11 - during low flow per ods might actually reflect existing Dear l a.O conditions more accurately and reveal trends that mightB i ... _.. _.._.._.....-.. ...... ...... __. V - a otherwise be missed. recall,Waste Engineering,Inc.has been oolong with the Maroon Creek _ As you may r W • q a !6 mS x. The sail sampling schedule, locations and proposed Development Corporation to design and implement a water quality monitoring program for e 3 a jl g analysis conform to the recommendations of this 1. 9 91 n u dsPertmmnt. their proposed development near Maroon Creek. A copy of the finalized program,dated 11' September 1S,1991,is attached for your convenience. II anclada s e u 3. It is excellent to sea that your rewtamendatione We are in the process of completing the infanta monitoring (Item I)of the - 9 ' the flexibility to modify tat monitoring program as _..-_ _._____-.....:__ _ ___ :._.: •• ;p WATER QUA1/Ty�IORMig pig pIVOgtAIg a a additional information is obtained• y sad to the • 1991, dataAlthough sample collection was from the intended from sample locae of tions.etion in�Cu el plans 5 a u g c In summary, the tinalizadprogrnm.tinsel conforms to thegeneratedP are .°;t criteria and recommendations of this'department expres monito to m May d Use thinwells and at two wrfaa water locations on Maroon { .� _�. rl Pitkin Count Land Use review process. Please contact our office, Web �m �' u a if we may provide further information regarding the State and local Creek. We m analyze include a ieawnal statent at WiIOW Ditch at the wu0tes.properly line, re Direlenta Eor this golf COLLrae facility. Likewise, we will be and we will analyze 11115 possibility concurrent with selection Of the well i1lCi s available to respond to further inquiries regarding our involvement }}}q in the planning, construction, development, and operations phases While you expressed Cnetala rowel Of theprogram when we met last May,we%"oe of the project. If you have further questions or comments { Y P B PP y, would appro. s : _- I Y I i r'ej g concerning this matter, please call m0 at 920-5070. ! crate your review of the finalized program and forwarding your comment[to us at the above address. t e I rt.N s�incarel If you have any questions,please feel free to call me at 303/480-1700. •• 11 1 I ra ` Robert F. Nelson _ Very truly yours, ... ...._.._.._..__...._.._.... .... .... ......._.... sa . car I Environmental Health Offi 5$ qa r eQ tp q3 Cp cc: Paul Avant I WASTE ENGINEERING,INC. It 9 g i P E y B j Wright Water Engineers y y y� 8 g 333 8 999 19 339 339 y 9aa -!E 3 6 :; J � D.�i( P E r i JoM L.Bla�(�p KKuazdd P.E. Etl p ! a 1 1 1 i 1 i _ bt>w<;..: 842.003.OSA P[aje«Maffiga _ ......._.. ...... _ ..........._....__..__.._... Attachments i < i v Harerd0 Waste. „yd wrhm+Contamination • Water Quality Control• WasteT men[Design lea seem mans Street Aspen.Color t qjn.•�y-•..<.«gJ'.1CLOW'3�E'n�:a�La.Yc•,»fsauau.J.n rtom=,r C1A -•ft+e.z +..uv�nt2ax,ad.vrte✓wawW'aNesyrs..a,. ..4ww:s 606 606 SCALE,' 606 606 SCALE:1' '-0' SCALE:,' = 1'-0" 0 v2., 1" 2" 1 0 1/2'• I' 2" 0 12' 1' 2' 0 1/2" 1" SCALE:1' = 1'-0" 2" N36J236 I1/l2/93 16m 10 Roc {170.00BKf730 PG i76 N36J23F. 11/12/93 16.10 Roc {I70.00 61C 730 PO d•Y • Waste Engineering,Inc. Silvia Davies• Pi tkie Cr.ty Clerk• e36323 Davis, Pitkin Cnty Clerk, Doc 6.00 M363236 11/12/93 16:10 Rec f170.00 BK 770 P6 637 . Silviagg Silvia Davis, Pitkin Cnty Clerk, Doc $.00 2430 Alcott i,.ee[ MEMO T'Om Chuck Vidal g Denver,Colorado 80217 M363236 ll/12/93 16m 1U Rec Cl erOk, OocY�pp PG a74 September lfl, 1991 Parameters to be analyzed for 1n this,monitoring program EE (703)433-2iSa Silvia Davis, Pitkin LntY Page 2 Of 2 EXHIBIT��, ... .- teroadary Men 9 1 PROJECT PUBLIC IMPROVEMENTS / '. P111HN18 AND COST F9TlNATB4 • grime/Metglg t. [her Parameters.MEItOPNmmt 6. analysis and compilation of all data generated and continued considerationDESQUIIQ OUANTrt'Y UNIT E for the changing needs of this monitoring program as results aree received. 1. Arsenic 9. Copper 13. Nitrate ri 2. Barium 10.Iron li. nitrite General Wawak T0: Chuck vigil • 3. Cadmium 11.Manganese 13. lacdnese PEON DOTEr caste Engineering,Inc.1991 4. Chromium 12.lies 16. total Phosphorous Demolition . 5. Lead 17. Sulfate R&RT d 1 LS 3W.000 DATE: September 18,Quality U. Potaesfum dos 15,972 CY $2.30 Per CY 39,930 • RE: hCOC Voter Duality Monitoring Program _ 6. Mercury 1!. Calcium 7. Selenium Site Grading 213,000 CY S1.7S Per CY 339,930 8. Silver 20. Magnesium Erosion Comol 1 LS 376,250 21. Chloride Reseed ng 30.0 AC f:'2,SOO.OD Per AC 73,750 At your request,we have updated the votes'quality Wool[o includes program that we an 22. fluoride 91[dgd [ecowendin¢for the Maroon Creek Development Corporation included the following 13, Boron $1 031 930 work!cams: • 24. Codumtati. . Road Construction • , 23. IRl 1. Interim monitartrag Ear 2B phi the sa at nine existing surface and ground- , 26. pa water sites. These would be the same locations from which samples were 26. $glum R&R Tapml 9.7�CY 82.30 Pa CY 7A,250 collected in November 1990. Nate [hat genera[ion of eddi tiomal water ?e. Sony Dissolved Sends Road GuUm Grading83,000 CY f1.73 Per CY 14D,730 quality data at locations should he Ape, use!a the NPOEs perms[application li 29,n1 LP 113.aoPerlF 148,750 TIEHACK process.Completion pr,,f I� i99i'_. Sidewalk 38,690 SF $2.25 Par SF Height*Wale 26,210 SF gIS.OD Pa SP 81.053 Comple[imn Dats: November 1,1991.. yM testiridea ,• , Rod Base 43,575SY. $5.00.PaSY 217:873 RESIDENCE 2. Collect. compile and report existing historical.water quality data. / , RoadPav:n 40,3353Y YJ.90PaSY 318.650 1470 TIEHACK '\. .•, 1. pesmpl lamdrape lrrigerioa 9.1 AC 530,000.00 Per AC 273,000 `-' �- 7 2. ChlorpyritesSubtotal Completion Date: April 1,1992. •w • 3. Ihneriael • 51,909,2g9 RD.ASPEN CO 3. Select siting and design criteria.for installation of three monitoring A. Olyphosphace 73eaboveRotlCo,]e0mabnBlld�lt 81611 sells,and supervise installation of the walla. 6. Trio can be allocated as folio's' 6. irfadieyl Stage Read&Stage Cast S2BD,028 Completion Oa[ei May 1, 1992. 7. Metalas7l Tieback Reed I. Ipradione Townhouse Rod f911,188 4. Quarterly monitoring at two existing surface water sites and three new 9. Mweeseb _ 1418488 monitoring wells. Analysis will be for 28 physical and inorganic pastes- Olha lmpnowLmmla n9{,261 SD 2/1/2022 bl DD 3/i6/2022 tars and four chemical scans as identified in the attachment. sample ,g• PathtrhmBsl�dfatlVme HDA 2/25/2022 ally he one-time ea at Barringer a ll of the nine in soldid,Colorado. addition- PERMIT /2/2022 ally,oegrated analysis for all of PH.nine pesticides proposed for use e- - Bike Pads the Integrated Pont Nanagemen[MPH.)program will Se included. Subse- 6,I00 SY 89.83 per SY 61,070 • queer monitoring for specific pesticides will be deb lined according to A. OrgepedllOrine pesticides dad lCls Stan(EPA athod 608//Ol0) Tid Reloatloe L825 LP 53.50 Per IF 10,038 [hair moni • I. Chlorinated herbicide,sew(EPA method 61S/8150) Bus ik Shelters 2 500.E Per ST 7,000 D. Volatile tilwice scan man(WA(WAd the824d) Matson Creek Bridge Comribolie. Quarterly sampling Dales: May 1992,August 1992,November 1992,ere. • D. Semi-volatile erlanlCa seen(EPA esttwd 8270) • Pedestrian Tunnel 100,000 1 LS S173,00D.00 Per FA 175.000 V{O 20,OOD 3. sail sampling on too days,before and after construction,at tour lose- SubmYl [ions to be selected. The soils will be analyzed in a laboratory for 5:373'108 organochlerine pesticides, metals, semi-volatile organic scan, volatile organic scan,and cation exchange capacity. Soil sampling days to be arranged according to cenatruetion schedule. FULL LAND „arardous Waste • Hydrocarbon Contamb radon . Water Quality Control a Waste Treatm t D sqn -I USE APPROVAL 606 r 0. 0 2.. 2 SCALE,' = ,' 7 2 Z SCALE,' 6 $ RECEIVED J, 606 6 606 60 SCALE 1' = 1'-0" o ___ ," 2' o yr y, 2„ scnLei' = �'a" 02/02/2023 ASPEN BUILDING DEPARTMENT RED 1001 Grand Ave Suite 103 Glenwood Springs CO 81601 • O - These documents have been specifically for r a Tiehack They are nutsutable�or .. use o n other projectsor n other Y363236 11/12/93 16t10 keC al _0 Ek. T30 F'G 63B _ '. locaaons withoutare tarhe ctabl and SS 322 Davis, Pitkin Cnty Gl er 4., Oac s.OU w363136 11/12/93 Ibr 10 Roc 4170.00 BK 130 PG 639 epoductionprohibited oheted itect with t Reproduction th bledw[haul Silvia Davis, Pitkin Cnty Clerk, Doc $.00 participation.,y_ appm of the eahtecl ,+. ENUTE NI CONTINUED I 20he DESCRIPTION QUANTITY UNIT PRICE PER UNIT EXTI'rdS10N ONTINUED r 23 ( -•1 pESCRII'TION D 11 AN'r7't'1'S4!!17'EXHIBIT"C"C P6ICE PEH UNIT F117'FNSION Highway 62 Underpins The above Sanitary Sewer Badges t- • Detour 4,300 SY $35.00 Per SY 150,500 can be allocated as follows: ," Earthwork 12,500 CY $6.00 Per CY 75,000 1 Stage Road 8 Stage Court $161,126 Y, s Walls/Abuvoemt 525 CY 5375.00 Per CY 196,875 ` Tiehack Road $267.91.8 t Superstructure 6,000 SF $25.00 Per SF 150,000 „£ Townhouse Road 5274,091 ,y Approaches I0.000 SF f5.00 Per SF 50.000 +wg. 3j Subtotal $622,375 Drainage Improvements j Water Distribution Storm Sewers 10,100 37 EA f l;30.00 Per FA 49,950 I Inlets/Outlets 24'Underpass Rebate 1 IS 6s,000 Rip-Rap ,0473 CY $43.1 Per CY 4935,950 975 12•Highway Crossing 1 IS 3,040 IF f3.15 Per IF 9,576 Water Moire l3,IO IF $27.25 Per IF 756,000 Grade Di Subtotal $327,I06 I PRV Stations 3 EA $16,500.00 Per EA 49,500 West Buttermilk Tank 1 IS '�•� Subtotal S896,475 Irrlgatkn Ditch Improvements The above Water s folio s: Budget ' i, Road Crossings 3 EA $2,500.00 Per EA 7,500 (. \ an be allocated as follows: (Per discussions with Coun1Y Ergirleer) Stege Road A Stage Court $109,289 Subtotal r' 500 Tieback Road $155,823 J•'' Townhouse Rod $U1,363 �' Employee Homing Other Improvement. $490,000 !../ Mathis Replacement 1.510 SF $110.00 Per SF 166,100 s' (Per Housing Board Resolution) $166,100 Sanitary Sewer Subtotal U. Highway 62 Crossing 1 IS I0,575 SubtoW $6.027,019 Abandon 8'Sewer 1 ILS S 5,000 Scorer Maim 15,900 IF $24.25 Per LF 385,000 111111 _ Contingency(5'6)(Added Pa County Fagireer) $301.351 .,.µ. Force Maim 1,710 IF f16.30 Per IF 28,7I0 $6,328,370 Illf; Service laterals 94 EA $1,175.00 Per EA 110.450l'i Grand Tool (Added per discussions with County Eimer) 'w,f a Manholes 62 EA $2,200.00 Per EA 136,400 Pump Stations 2 EA $13,500.00 Per EA 27,000 Subtotal S703,135 • 'k U,..4 , S lit q`.,:',0.. r,� >:, fie.2 r•r f z , r� � � r ' OY.. . t “. x.. A 'a• 606 D 2 2 2 SCALE:1' = I 606 0 1/2" 1' 2'• SCALE:1 = 1-0" TIEHACK RESIDENCE 1470 TIEHACK RD.ASPEN CO 81611 SD 2/1/2022 DD 3/16/2022 HOA 2/25/2022 PERMIT 2/1/2023 FULL LAND USE APPROVAL RECEIVED LUA.7 02/02/2023 ASPEN BUILDING DEPARTMENT .�.a .. _..... � *...._ N363242 11/32/�3 :6::?Fee 3.00 BK 730 r: 692 t>s 693 R E D I 0363242 11/12/93 16:17 Sec E.00 BK 730 PG 691 Pitkin CntY Clervk. Doc s.-�\ p363242 I1/17./93 Sbef7 Rec 1.00 BK Silvia Davis, Fitkin Cnty C1or:., Doc a.00 Silvia Davis, 1 i Silvia Oavts. Pitkin Cnty^•toile, Doc s.00 Re N363242 11/12/93 lb:l7 stet 6.00 BK 730 PG 690 si 1 R Davis, Pia kin Cnty Clerk, Doc $.00 A. A perpetual Tavigation nemen easement,also known az a perpetual nip or flight B. Result in glare in the eyes of flyers using Dominant Tenement, matter related ro the r"� Rrxxpusa naoraer easement,and m aircraft operations and aircraft noise casement for the use of the airspace over, against aircraft owners or operators or a y other responsible potty on any 1001 Grand Ave through or adjacent to she Servtent Tenement Such easement shall be for air avogation purposes C. Otherwise endanger the landing,takeoff or maneuvering of aircraft. operation of aircraft in the avtgaton easement netts[dmn az spanfiwly set forth in the preceding .. limited to the right of Grantee and any aircraft utilizing the Dominant Tenement to discharge _ RECORDING n Avenue BY: untrna,including but tKK limited to.claims baud on aircraft crash or she violation by Grantee Suite 103 WHEN RECORDED RETURN TO: noise,fumes and vibrations on the Servienl Tenement and its occupants as a result of aircraft (or any other pmoN of any suture,law,ordirrance or reguttin goveroing the ownership. Glenwood Springs 6, The intent of lids Agreement is rat to impede or inhibit the development of the operation or use of aircraft or airport fxilitiu. CO e1 81601 Ronald Garfield,Esq. (nut limited to jet aircraft)landing on,taking off from,or maneuvering about the Dominant Servant Tenement for residastial or commercial purposes,but only to Prohibit acts which Garfield&Hecht,P.C. Tenement as follows: acnully endanger the landing,takeoff or maneuvering of aircraft• Subject to Me p*ecedinB agreements veal with rupee a bill East Hyman Avenue _ ear devil one of the Servtent Tenement as 8. This Agrcement supersedes any Prim aviga[ion agree given sentence,it is agrced that the Grantors oposed oP^' but not limited to,Avlgation Easement dated April I4,1981 Aspen,Colorado 81611 (i) As to the runway located on the Dominant Tenement(Runway embodied in the following land use approvals shall be permitted under this AgrcemenC the Servtent Tenement,including 33lIS). from west Fad Developtnrmt Company recorded in Book 408 at Page 885 and Avigaton A. Pitkin County Resolution No.90-87 captioned"Resolution of the Bard Easement dated June 1,1981mere from lames R.Lathanns recorded'^Book 431 at Page 229 These documents have been GRANT'OF EASEMENT'AGREEMENT tie) This avogation rasemrnt include the resultant noise,fume end 8 PPrerecorded in Book e 1 at Page 331. In consideration of this Agreement,the parti tog specifically prepared for ia70 u91L'ATION EASEMEIY'I'2 vibrations from anyaircraft currently sting from the Dominant Tenement and noise,fume of County Commissioners of RtWn CounHazardty,Colorado Grantin A royal of General Overt Submission view, ) prior gaffecting �) Tiehack.The t suaable for y opt for Subdivision,1041 Environmental ofPitkinCo nty,Co Review,Scenic proval of Y all sr h or avi adore casement nconsideration the Semenr Agreement, Tenement are hereby forever use o Y are no 1993 byand between PEARCE or vibrations as may emit from any other aircraft that may subsequently be permitted to be used forPla Sod Unit and Rezoning(m the Pieter tank/Golf round•lion"recorded in all st fred,orminated,extinguished and released. t n other projects or in other This Agreement made this day of.�u (Yi ! de Dominant Tenement by the United Sates of America or any of its agencies and/orlocations other approval and t department. Book 629 at Page Development of the real estate g for the of Pitkin County,Colorado, for itself and d leasesan and assigns,as owner of the Servirnt i participation They on of the architect. EQUITIES GROUP II LIMITED LIABILITY COMPANY,a Utah as"G liability company. - 9. Grantor, f Reproduction prohibited without an (hereinafter referred a as"Grantor")and PI77UN COUNTY.COLORADO,acting by and Tenemrnt,forcvtt reserve the right to sex and enjoy Me Servirnt Tenement and die land B. PiDdn County Resolution 91-111 captioned"Resolution of the Board of and uses which do not inserfere with the approval of the architect. NO through its Board of County Commissioners par(hereticularly Mr referred to as"Grantee")• till) Said casements include and arc limited to any flight track said County Commissioners of Pitkin County,Colorado Granting Approval of Detailed Submission benpM and tits airspace above for all purposes within Pitkin aircraft now,or in the future may utilize for commercial and private aviation. for Subdivision,1041 Environmental Hazard Review,Scenic Foreground Overlay Review, I easement rights of Grantce hereunder. 2023 WHEREAS,Grantor is the owner or lessee of certain real property Planned Unit Development,Rezoning,Special Review erty,App Grn�oval for rnRelocation ed Submi the ssion 10. This Agreement shall terminate if the Dominant Tenement shall cease to be used County,Colorado,which property is more paruculzrly described in the cinched Exhibit'A", B. A perpetual avigation easement,also knownaz aperpetual noiseeasement, Radio Tower,Lot Line Adjustment with the ARU Proper[)'+ for operation of an airport facility.and which WHEREAS, shall a referred the o her nandter as the"Sentient real Tenement"; for the riser d discharge noise and vibrations from the surface of the Dominant Tenement, to the'Grand Amendment'Portion of the Application and Amendment to t657he Buttermilk Sid which noise and vibrations may reach the Servtent Tenement,and which shall be for the purpose Area Master plan for the Pfister Ranch/Golf Application'd eed m Book the at Page 306 of WHEREAS,Goatee is the owner and operator of certain real property commonly Colorado of aircraft start-up,ground maneuvering,maintenance,and engine on-up,for takeoff or the M state records of Pfister County,Colorado,Appli and 11. This Agreement and grant of the avigaton easement hereunder its and subject known as the reedAsp to as County Airport(tardy Field),located in Pitkin County,Colorado landing upon the Dominant Tenement. This easement for noise is limited to that level of to any misting easements,reservations,rat of ores or anon a rights-of-way. shall cony referred e az"Dominant Tenement"),upon byre which general fat ontu users as well and emissions permitted by the United States of America or any of its agencies or department C, Piddn County Resolution No.91-112 granting certain ametdmrnt to the u hems and their shag continue to operate le airport facility for use byit ire public operators; aviation tun as cacti as regulating aircraft operations. Detailed Submission approval recorded in Book 657 at Page 387 of the real estate records of 12 This Agreement shall bind and inure to the benefit of the parts scheduled and non-scheduled(charter)corr.n certain airline operators;and Pe tot County,Colorado. respective heirs,personal representatives,successors,and assignee. 4. The Grantor shall not construct or permit to remain upon the Servient Tenement s,WITNESS a hereto have scouted this Grant of WHEREAS,Grantee desires g acquiret eeDom rights m nte^t Tenement to preserve my existing improvements obstruction that is on above the height restrictions indicated on Exhibit"B",other than D. Resolution No.92-226,Resolution of the Board of County Commissioners WHEREOF,the part existing improvement on the o t Estate,including but not limited to,the radio antenna of Piddn County, Colorado Granting an Extension for the Maroon Creek Development F�umrni Agreemrnt Ose day and tsar first about written indicating the Grantor's grans and Me for the use and benefit of the wblic a right of free and unobtna:ted flight for aircraft landingRecorded JD elo m nt upon,after off from,or maneuvering about the Dominant Tenement;n, h tower or any relocation thereof that may be approved. Said Exhibit Ser is an airspace Corporation to Submit thePlat for the Pfister Rash/Golf Project, Y Grantce's acaptantt of said r gation nsemrnl restriction imposed by the U.S.Department of Transportation,Federal Aviation Administration m Book 684 at Paget the BOARD OF COU COMMISSIONERS NOW,THEREFORE, it consideration of the mutual covenants and agreements APPROVED AS TO FORM: BOARD COU ("FAA'). Grantor has or will,in connection with it development of the Servienl Tenement, OLORAI)O I hereinafter set forth and other good and valuable consideration,Me parties hereto agree az make one ct more applications m rat FAA(i.e.,t Notice of Proposed Contraction or Alteration) E. Pitltin County Resolution No. i0 granting Final Plat approval to Maroon follows: to construct additional improvements that extend above the height restrictions indicated on said Creek Club recorded in Book at Page ail. q Exhibit"B". Grantee will make no objection to the granting of such approvals by the FAA. G 1. Grantor hereby grant a Grantee an avigatin casement as hereinafter described. By. 5. The Grantor shall not hereafter use or permit Me use of the Servtent Tenement 7. Grantor and et successors in interest are forever barred from bringing any suet Tim By: 2. The avigation easement granted hereon is appurtenant to the Dominant Tenement. in such a manner as to: again[Grantee under any theory of reenvery arising out of matters covered by this avigation BiteirPs%so" ea000 Gonly,including but not limited v noise,fume,vibrations,M oneod,this enema, County A 3. The avigation easement granted herein is for the right to discharge noise,vibrations interference wish the use and enjoyment and any consequent reduction of market value of the A.Create or or make interference with ndIo enmmunIcation between the Dominant Inor at property due 0 the operaoon of aircraft to and from the eSos of ooblvTenement,so long and fumes over she Servtent Tenement running to the Dominant of Grantee and the Dominant Tenement and aircraft or as to make it difficult for Flyers to distinguish between airport light subjas die avigateon easement herein is not exceeded.Nothing in the easement shall be eonstrocd Tenement as a result of any and all aircraft easementen the Dominant Tenement includingedasl takeoffs, and others, to be a waiver of Grantor's or Grantor's successors'interests'claims or right to bong suet landings and approaches. Said avogation is more specifically defined as follows: 2 3 4 :.. - : .,a 690 SCALE:1' - 1'-0" 690 - 1 2 SCALE:1' = to 0 12" 1.. 2. - 1 0 12 ,. 2' SCALE:,' _ ,'-D" 690 ^l SCALE:1• - 1-0' 3 '-0" o lz^ r z^ t-.043/410 11363242 11/12/93 16,17 Roc 0.00 BK 7]0 PG 494 ��/ - Bilvia Davis.,Pitkin Cnty Clerk, Doc $.00 s.OU eK Ta0 PG b95 Y >: nee I Ccterk 1 1 t1 I v1 ..1 ,� tom. f s33v.Teo v 3 eecv .one s.ou , t���l I .l ��r f / J}=I HaVA'thN'r/7'� +5: '�.a .hf? rII 1- -1I 11APPROVED AS TO CONTF.NI: A FRHBIT"A' -` 1 i..1} `�,r fry, ; I t•3 �+t 1\n _ 1� 1$ LEGAL DESCRIPTION OF SERVIENT TENEMENT a � t l-- l f F • f%'� k'i; �l` 1 III�I �ii''f - f { �i ( fillIIII 1 IIII ��B: f b m a«amarKe '• . ( ;s % �y' ` (t l `�'I I Iht IIIII y Brad Car onager unry Louwith L Through 51 and ParcelsPlat A d PUD O,Maroon creek Club ± • � /y I _ • as with the Final Subdivision Pia[and Pt10 monied in Piet Ibok, Y Page - $ 1 a `� Sty � tl f� -� / 1 �'( IIII I,II� Anrpat Manager of the real state recoil f AW County,Colorado. .. I. \ /t - „ H I,r 1 • UMITPEARCE S ABILTT GROUP n _ - . „ .. E @ , "�6d``i Ji , I. ) I s IIII111111in uMITID ISABn.TIY COMPANY.a - t.; `.,2 7 • 31r t `,wU - _ l.(� i IIGIII II� IIII II 1 e, E 7 a. �� �`'�ti'?,\G��,,�-�t.,���y �. �t� Illr�ll�lll��lllll g pl,t By. m 1 k-�a 4 �� 11 i 1111G11111 !till 1 T.Pam.Jr., r' ���,. a��� w 1� �i 1�11111111 I�11( gip, �f 4, �u o 1 i • r 1 II 111111 9'�y �, Nr;r �aPt �. f h OIRI ti 111111111 r7 n� kilt STATE of coLORAno ) dIs ,�� ��# ° i L IlI�IIQ1911111 119 )�. v. - ����� ,$�p'11\ I� °��,`�fig[ h -,x i �' `a� �1�1'111111111111 COUNTY OF P1TKna ) y ' '1, a" 2 ei `r Pl , ; It 1 0 l 1111111,1111111111 ,,, The ftnregaring Gnat 1Fitemrnt Ma+te't"'az teopeewkdgad before me Met [6;14-1; i SA �i �'.7 l l 'i>`t a�) $ ' _ CO) ;:'3: a.y of y 4 1993 by Bill TLCe n Chairperson,mid of County A�I i � `I�I,I`� V l' � Min OC a Q.Commistiooraa of R County Colorado. "... R i+1WITNESS my hand and official tow. u! s..� ,.., ,:;., i A;�'9 i „' �F+. Ot'' Ili I r'»/' �i�M r Fi.�r,: S ft p..r 1 i1'Ail: .1.• '1/ 11110 ) 4 =� 11. W �� y wi.! r 1I Wes'b®a 'r� I r `:/ 4 M commission t - t y r iz z3�� � t0. 4010Ili.,' Pl.' �`yq �'. rU Y � h _ TIEHACK (/{�y�'f° ....i-,.' 1 vial 1 4.h � L��,�{9,. - �a\ r : ' Myra (�' .'t .13� gI i rr,� w 4 e*,9ll� � 1 � ';'. li` STATE OF race ) ,„.„„ ° - u,-��' ;�,� �,� .; ",, .,�:� , ><„ � t RESIDENCE COUNTY OF➢,e ) _� f,,11'' �'. e ; n;', (el 1;,'\ � l.l,• 1470 TIEHACK The (inn[of Easement Agreement was acknowledged before me this � DI L� i,� �Et -'.-�L � ice;,-,,� .. Ill 11 t -.0",,, � ���;�1,��- :� i rg RD.ASPEN CO day of .1993 by harm T.Marco,Jr.,Member of Para Equitie t a r I N�" •49"L. \ I l f e Group n Limited nary company.a Utah Broiled liability company. - r s f i t 81611 r t� 1 WITNESS m hand and official sun. Q MQU� _ y'� ��) r � W {� �y i �- ,,,i . My enmm Bunn expires: / I t,A9 e� �' • S`7 G ;tl SD 2/1/2022 7 U�U�.a i �- r��[al a...11 / `, 111', {f `�' f '�:. DD 2o2z ..... •• - - _ - a t ./' .iN, Ir?..t, tl ,. ! � HOA 2/25/2022 • �! 'I .I PERMIT 2/1/2023 ., .1K .eke!\e4 / - r A9LVe4•19 l Ps AM/ 5 .-. ' ••: - r .. 1 690 C 690 690 690 n FULL LAND SCALE:T = r_o., J SCALE:1' - 1'-0" 0 irz'• r r' G vr' r' r' SCALE:r = 1-0" USE APPROVAL 0 1/2" 1.' z" o 1/2'. r SCALE:r - 1.-0'' z^ RECEIVED LUA.8 02/02/2023 ASPEN BUILDING DEPARTMENT • • a363249 11/12/93 16122 Ruc ,40.00 B4i 750 PG 740 a 63^<h9 31/12/93 1G12' Ree 490 r'rl isle 730 FG 741 a363e49 /1/12/93 16i22 Ree jerk, BK 73D PG 742 R E D MJ63$49 I1/12/93 16s 22 Roc a40.Od HK 730 PG 739 Doc �•^'> Silvia Davis, Pitkin Cnty Clerk, Doc 4.Od Silvia Davis, Pitkin Cnty Clerk, Doc 4.00 Silvia Davis, Ps tkir• City Clerk, Doc $.00 " �f-vac Davie, F'iikin Cnty CSerF, ROAD MAINTENANCE AORF.RMRNT Payment").Commencing with the Regular Maintenance Payment due for the second year of This harmless the County and its officials,employes,agents and representatives from and against 1V. Special Coverages Agreement and each year thereafter during the term hereof,the Regular Maintenance Payment liability for any claim,demand,loss,damages,penalty,judgment,expenses,costs(including 1.Performance Bond and 1001 Grand Ave This Agreement is made miar�, day of,¢us,rn-f ,1993 by and between PEARCE due Pearce shall be increased,but not decreased,in accordance with changes for the prior ' EQUITIES GROUP II LIMITED LIABILITY COMPANY,a Utah limited liability company calendaryear in the U.S. ment of Labor's Bureau of labor Statistic's Consumer Price costs of investigation and defense),fees(including reasonable attorney and expert witness fees) Labor and Material Suite ("Pearce") 103 and PITIUN COUNTY,COLORADO,actingand through its Board of Court or compensation in any form or kind whatsoever for any bodily injury,death,personal injury Payment Bond(for Glenwood Springs Commissioners("County"). by B County Index All Urban Consumers,U.S.City Average,All Items. or property damage arising out of or in connection with any negligent ad,intentional act,error projects greater than E25,000) 100%4. Payments for Mane Capital Improvements $1$D 1 or omission by Pearce or any subcontractor(including,by definition,its officials,employees, 2.Professional Errors and Omissions RECITALS • subcontractors,agents and representatives).or for any resulting liability alleged to accrue against Insurance for projects requiring • A. Major capital Improvements to the New Roads shall consist of chip sealing the County on account of Pearce's or any suhcentrctoe's acts,error or omissions;provided, professional design on supervision: WHEREAS,the County has agreed to accept the maintenance responsibility for new •• (anticipated to be necessary every 5 to 7 years)and repaving(anticipated to be necessary every however,that such indemnity shall not ae ce'asnhed as an indemnity at for bodily injury or Each Occurrence S 500,000 Stage Road,North Underpass • property damage arising from the sole negligence or intentional adjust, al acts of the County or its Aggregate $1,000,000 tag Road and South Underpass Road(the"New Roads"),all as shown 12 to 15 yars). For such capital improvements,the County agrees to pay Pearce an amount employees. Pearce shall investigate, on the Final Subdivision Plat and PUD for Maroon Creek Club recorded in Plat Book 23at to he estimated bythe Director of Roads and Bridges(the"Director")as the cost of such dp t respond to,adjust,provide deface for and Page)of the real estate records of Pitkin County,Colorado. • improvements as if the work were to be performed by the County.Nothing herein shall prevent defend,pay or settle all claims,demands,or lawsuits related hereto within the scope of said C. To provide evidence of the required insurance coverage,copies of These documents have been tindemnity 0t its sole expense and shall bear all Omer costs and expenses related Thereto,even Certificate Of Insurance in a fool acceptable to the County shall be filed with the Director no specihwllyy are nodsura 470 FTiehack.The t il ble for Pearce from performing major capital Improvements oilier or more often than regularly if the claim,demand or lawsuit is groundless,false o fraudulent. later than ten(10)calendar days prior to commencement of operations affecting the County. use on other projects or in other WHEREAS,The County has determined that contracting the maintenance funeliens for: scheduled by the County;however,the County shall be under no obligation to pay Pearce for { locations without the approval and (i)the New Roads and,(ii)the remainder of existing unpaved Stage Road northerly of its major capital improvements in amounts greater than the cost to the County u if regularly 1These Certificates of Insurance shall contain a provision that coverage afforded under the intersection with new Sage Road to the extent such unpaved road is currently maintained by the t scheduled and when such work is performed earlier or mom often by Pearce an appropriate { B. To fund the above indemnity,Pearce may:(i)secure and maintain for the policies will not be canceled or material) altered unleu at least thirty(30)en to the days prior Reproduction of the architect. y pacipati prohibited fearc without term hereof such insurance policies,from companies licensed in the State of Colorado,as will written notice sent by certified mail,return receipt requested,has been given to the County. approval of the architect. County tcellectively the"Roads")is the most efficient and economical method of performing adjustment shall be made to the amount due Pearce from the County. Payments for major protect s the County(with the County as named insured),and others as Colorado, from • such functions. I capital improvements shall be made by the County to Pearce at such nme as a"qualified road contractor'as described in Paragraph 56.below has entered into a subcontract with Pearce to claims for bodily injuries,death,personal injury or property damage,which may arise out of D. In addition,these Certificates of Insurance shall contain the following 2023 or result from Pearce's or any subcontractor's acts,errors or omissions,or(ii)reimburse the clauses: WHEREAS,Pearce is familiar with the needs and requirements for the maintenance of perform such work. County,pursuant to Paragraph 7F.below,to maintain such coverage.The following insurance the Roads and is willing,subject to the terms,provisions and conditions hereof,to undertake such functions. B. All major capital improvements shall be done under thegeneral supervision coverage,at or above the limits indicated and including such endorsements as are indicated,are (i) Underwriters and insurers shall have no right of recovery or and direction of the Director or his designee. The Director shall decide any and all questions ed' subrogation against the County,it being the land be of the parties that the insurance WITNFSSET71 which may arise as to the quality and acceptability of materials furnished,work performed,rote policies effectedI shall protect Dom parties and be primary coverage for any and all of progress of the work,contract interpretation and change orders(within the limits of his I. Statutory Workman'.Comprnsadon Colorado Statutory Minimums losses covered by the above described insurance. NOW, for in consideration of the mutual covenants and agreements authority). IL Comprehensive General Liability: pan g policypo policies hereinafter set THEREFORE,and for otherandt and valuable consideration,theBodily Injury/Each Person E 500,000 againsti) The insurance f r companies issuing theor I a shall have goodparties hereto agree as 5. "alignment and Subcontrartio.Pearce may assign or subcontract its obligations /Each Occurrence $1,000,000 no recourse the County for payment of any premiums or for assessment under follows: � hereunder u follows: any form of policy. Property Damag/Aggre ate $500,000 1. Maintenance Work.Farce agrees to furnish all labor,materials,equipment,Tools I - A. Pearce shall be permitted to assign this Agreement to the Maroon Creek /Aggregate $1,000,000 (iii) Any and all deductibles in the above described insurance policies and services ne mire y and incidental to perform and complete in a workmanlike matter all work Commons,Co or similar entit constituted to rovide tual maintenance to the Newshall be auumed by and be for the amowt of,and ar the sole risk of Farce. inquired for the maintenance,including snow removal and signage,repair and im rovement to Hagar,if ne Comprehensive Form,Premises/Open:tiun,Underground,Explosions&.Collapse P Roads whereupon Pearce shall be released from all obligations hereunder. Hazard,if necessary depending on construction,Broad Form Blanket Contractual(Hold (iv) Location of operations shall be:"all operations and locatiore within Roads(the"Maintenance Work"). The Maintenance Work shall not extend to any paving, surfacingor other mod improvements to the unpavedHarmless • Coverage), Independent Contractor and Subcontractors, Personal Injury,withCounty p pa portions of existing Stage Road northerly B. Pearce or any permitted assignee of Pearce may subcontract its obligations Employment Exclusion Deleted Pitkin and affecting Pitkin County government." of its intersection with new Stage Road. hereunder. Major capital improvements may only be subcontracted with the consent oft e County to a qualified road contractor and such subcontractor shall be bound by the terms of this •III. Comprehensive Motor Vehicle LiabilityInsurance: E. Certificates of Ins':aoce for all renewal policies shall be delivered to the 2. Taira. The term of Nis Agreement shall commence when the public dedication Agreement. This Agreement shall not be construed as creating any contractual relationship p Bodily Injury/Each Person $500,000 f Director at least fifteen(15)days prior re a policy's expiration date except for any policy acceptedbyCountybetween subcontractor and the Count, expiring on or after the expiration date of this Agreement,unless renewed. Agreement e New Roads is the in accordance with that certainGat Dedicationa any y /Each Occurrence S1,000,000 for Roads made between Pearce and the County and recorded in Book f,j,}fat Page I1 ( of the real estate records of Pitkin County,Colorado. t 6. Indemnification and Insurance Rauiremeelo. Property Damage/Each Accident $500,000 t F. Pearce may elect to have the County supply the insurance coverage /Aggregate $1,000,000• required in this Paragraph 7. If the County supplies the coverage,the County shall reduce the 3. Payments for Regular Maintenance Work. For the performance of the regular A. Pearce and any subcontractor shall release,discharge,indemnity and hold Endorsements:Any Aum,All Owned Autos,Hired Autos,Non-Owned Autos Regular Maintenance Payment by an amount sufficient to pay the pro rats share of the County's Maintenance Work to the Roads as described in Exhibit"A"attached hereto the County agrees 6t total premium for such coverage attributable to the Roads. to pay Pearce on or before each year S (the"Regular Maintenance it 3 2 3 d • SCALE:,' 739 739 , SCALE:,. 739 _ 739 0 1/Y' 1" 2' 1 0 12" 1' SCALE:1' = 1'-0" L 0 1/2" 1" 2' 3 SCALE:1' = 1'-0" 2• 0 1/2" 1" 2" 11 a36349 11/l2/93 Stir 22 Re 90 00 BK 6.2 il/12/93 16:22 R 0.01 lie,7J0 r'G 7K .(• . Si Ivia4 Davis, 93 16.22 Roc $40. oe 730. PG 743 N363249 11/12/93 I6i 22 Rec $40.00 fee 730 PG 744 Silvia Davts,Pitktn crate,Llark,Dac OPa 743 s, 329 oast12 Ri tkin Cnty Clerk,Doc s.oo Silvia avis, Pitkin Cnty Clerk, Doe$.0u Sits.,Davis, Firkin Cnty Clerk, Doc $.0t) • . STATE OF COLORADO ) EXHIBIT"A" 7. tTerminal/en.us tteEther pasty shall have the right upon written notice to the other and remedien provided in this.4geemeas,the prevailing party shall he entitled to mewith.nnmt wither without cause to terminate this Agreement.Where notice of terminated as given by the of its costs and expenses,including reasonable attorneys'fees,in Connection therewith. )S4 ILEGULAR MAINTENANCE WORK County,the County shall.from and after the effective date thereof,perform all Maintenance COUNTY OF PITXIN ) Work to the Roads.Where notice of lamination is given by Pearce,the effective date Shall not B. The failure of either party to insist upon the sr.::R'`Ormur a of arty. The foregmng Rod Maintenance Agreement was acknowledged before me this 1. Snowplowing and Snow Removal be less man sixty(60)days,unless the parties an agree to a shorter period,so as to allow the provisions of this Agreement or to exercise any right or Option available to it.or m serve any day a 400.7 ,1993 by lames T.Pearce,ft.,Member of Pearce Equities • Pearce shall be responsible for keeping the Roads open and passable through den County adequate time to cOrnrrenlee performance of Maintenance Work to the Roads. r:olive or to institute any action,shall'rot be a waiver or a relinquishment for the future of-any • Group D Limited Liability Company,a Utah limited liability company. winter months. A prompt and efficient response to all storms grater than three(3)inches in such provision. • ,Eke a't / depth is requited. During large or extended periods of mow,service stall be provided at 8. Nantes.Norm and other communications which may be given,or are required WITNESS my hod and official seek appropriate intervals to ensure use of the Road.Pearce shall maintain the srmwbanka and wind . to be given hereunder,shall be in writing and shall be deemed given to a party when delivered Agreementmay b: nor may anyrights hereunder r o a/N07AR,L Iowa to prevent any theadverse accumulation which would restrict use or the Roads or hinder the C. This m amended, y rig My commission smiths /a af/9J E +-�> efficient removal of the mow. :e personally or when deposited in the United States mail with Sutfclenl postage affixed and waived,except by an instrument in writing executed by the parties hereto. • L10.^ addre«ed to such parry at the respective address shown below: R. wmmng '� D. The interpretation,enforcement or any other matters re tdive to this • Patna: Agreement shall be construed and determined in accordance with the laws of the State of Public • Routine repair and filling of potholes and other repairs as necessary. Colorado. i STATE OF COLJRADO ) Pearce Fil)uitid Group II limited liability kn. {a III. Ditch Claming 1., Company E. The parties agree,at the request of either one of them,to fully and • COUNTY OF PITXIN ) Pearce shall mechanically grade and clean any drainage dimhumremovedirtwrd L 601 Fist Hyman Avenue,Suite 104 promptly cooperate to correct any scrivener,Medal or other errors found m any legal • debris and maintain the free Flow of armor soarer. Aspen,Colorado 81611 dewriptims,in any other provisions of this document or in any exhibits hereto. (5 i. Toe foregoing Road Maintenance Agreement was acknowledged Isefm,:me this • day of r..I,t'r ,1997 by Bill Tuire u Chairperson of The Board of County 1 IV. Sign Installation and Maintenance Copy to: F. All provisions of this Agreement inure to the benefit of and are binding ! a Commissiarcn MOM County,Colorado. "°�u>�u • the .ice hereto,their heir,successors,assigns and personal representatives. WITNESS myhand and official seat . - Pearce shall install and maintain appropriate signs to comply with the requirements upon Parof PWnn County and the Manual of Uniform Traffic Coned Devito. ItaWd Garfield d s l e n Garfield&Heat,P.C. G. In the event that Pearce shall be delayed or hindered from performing My commission exp `,. •,� I/I y.t b bt o V. Culvert Installation and Maintenance 601 H.Hymn under this Agreement by reason of a natural disaster,weather.:r reason.::^oaditions,labor - - J I �' S Aspen,CO 81611 - troubles,inability to procure materials,failure of power or other utilities,war or other.Yawns ` Norary Publ Pearce shall be responsible for the installation aM maintenance of the drainage I beyond its control,then the period forme performance hereunder.Shall be extended for a p_-riod L.._ a culverts as nacsvry.This work shill include cleaning the culverts mould they became plugged TIEHACK County: equivalent to the period of such delay or hinderanec. and the replacement with new culverts of appropriate size should one bosom,damaged. 111 The Board a County Commissioners IN WITNESS WHEREOF,the parties have executed this Agreement as the day i' VI. Sight Distances RESIDENCE 506E Main Street and Year first above wrsSen Pearce shill be responnbu for cutting and trimming such weeds and foliage and ill I¢ for removing any obstructions as is necessary for maintaining safe and proper sight distances 1470 TIEHACK Amen,Colorado 81611 f,' around curves and at intersections. RD.ASPEN CO Copy po:; PEARCE: COUNTY: .,' Pitkin County Attorney PEARCE EQUITIES GROUP H LIMITED THE BOARD O COUNTY '1 81611 �E.again LIABILITY COMPANY,a UM COMMISSIO $,PITKTN COUNTY, ' Aspen,CO 81611 limited liability ampaoy COLO r 1;• I; p I I Y SD 2/1/2022 9. l�..""'"a• X i — i.' i DD 3/i6/2022 I rfM e B / ] IHOA �l T.Para,Jr 2 By: a+'r ( t 22/1/2023 A. Either party shall have the right and power to bring suit in its own none Moasbe Chairperson • �r• PERMIT 2/1/2023 for any legal or equitable relief due to lack of compliance with any provisions of this +I Agreement.If any court proceedings are instituted in connection with the rights of enforcement ' 1 5 6 • 739 739 739 739 FULL LAND SCALE 1' - 1�' 5 SCALE:1' - 1'_0'. 60 1/2" r r' o a" r' o vz" z' scALE:r = r-0° o r' 2„ scALer = r-a" USE APPROVAL isii RECEIVED LUA.9 02/02/2023 ASPEN BUILDING DEPARTMENT RED 1001 Grand Ave Suite 103 Glenwood Springs CO 81601 O These documents have been specifically prepared for 1470 Tiehack.They are not tunable for use n other projects or in other locations without the approval and participation of the architect. Reproduction prohibited without approval of the architect. 2023 372224 8-7S5 P-884 07/19/94 10:3BA PG 2 OF 3 372224 8-755 P-883 07/19/94 10:38A PG 1 OF 3 SEC DOC S ILV IA DAVIS PTTKT N rm INTv r•I=oK .. o=rrscn__ of the satellite dish from view shall be by natural landscaping and Recorded at o'clock M. Reception Recorder not by fencing which is specifically prohibited. ADOPTION OF AMENDMENTS 3. MISCELLANEOUS. The undersigned,being the Owners of sixty-seven percent(67%)of theLots RECORDING REQUESTED BY: nt i or Parcels within Maroon Creek Club, a planned community hereby adopt and approve WHEN RECORDED RETURN TO: 3.1 Compliance with Declaration. This Third Amendmes being made the amendments to the Master Declaration of Protective Covenants for Maroon Creek Club Ronald Garfield,Esq. Garfield&Hecht,P.C. pursuant to the provisions of Section 11.2 of the Declaration and the Act. as set forth in the Third Amendment to Master Declaration of Protective Covenants for Maroon Creek attached hereto as Exhibit A. 601 East Hyman Avenue 3.2 Defined Terns. Capitalized words and phrases in this First Amendment shall Aspen,Colorado 81611 have the meanings given to such words and phrases in the Declaration. This Adoption of Amendments may be executed in any number of THIRD AMENDMENT TO MASTER DECLARATION OF counterparts each of which will be considered an original of this document. PROTECTIVE COVENANTS FOR MAROON CREEK CLUB 3.3 Counterparts. This Second Amendment may be executed in any number of PITKIN COUNTY,COLORADO counterparts and each such counterpart shall be deemed to be an original. This THIRD AMENDMENT TO MASTER DECLARATION OF IN WITNESS WHEREOF,this Second Amendment to Master Declaration of MAROON CREEK LIMITED LIABILITY COMPANY, a PROTECTIVE COVENANTS FOR MAROON CREEK CLUB(the"Third Amendment")is Protective Covenants for Maroon Creek Club is executed the day and year first above written Colorado limited ility company made this_day of June,1994 to be effective as of December 2,1993. to be effective as of December 2,1993. By: MAROON CREEK CLUB MASTER ASSOCIATION,a Colorado mes T. , Jr., Manager 1. RECITALS. non-profit corporation 1.1 Declaration. Pearce Equities Group II Limited Liability Company,a Utah THE PFISTER FAMILY,L.P.,a Colorado limited partnership limited liability company and The Pfister Family,L.P.,a Colorado limited partnership created the Maroon Creek Club planned community pursuant to the Master Declaration of Protective By: %/ ��L By. Covenants for Maroon Creek Club recorded December 2,1993 in Book 733 at Page 598 of the ores Pea nden/ Arthur O. General Partner real estate records for Pitkin County,Colorado(the"Declaration"). By: 1.2 Certain Amendments. The Owners of sixty-seven percent(67%)of the Lots Susan Frazier,Secretary and Parcels have affirmatively voted to make an additional amendment to the Declaration and ACKNOWLEDGEMENT have adopted the amendment set forth in this Third Amendment. 1.3 Association Officers. The undersigned are the President aid Secretary of the STATE OF ) 372224 B-755 P-Ban 07/19/94 10:38A PG 3 OF 3 Maroon Creek Club Master Association formed pursuant to the Declaration and are executing )ss this Second Amendment in accordance with the provisions of the Colorado Common Interest COUNTY OF Ownership Act(the"Act"). The foregoing Second Amendment to Declaration of Pro tive Covenants for 2. AMENDMENT. `.'reek Club was acknowledged before me this /5`'`- day of�y^ �,, ,1994 by eTHR ce,Jr.,as President and Susan Frazier as Secretary of MAROO REEK CLUB 2.1 Amendment to Section 8.9. Section 8.9 entitled"Satellite Dishes"is hereby �OCIATION,a Colorado non-profit corporation. deleted in its entirety and the following substituted therefor: O WITNESS my hand and official seal. _ 8.9 Satellite Dishes. Satellite dishes shall be permitted subject to •t'AVlot • My commission expires: 3/.,0/9'7 .p the following restrictions: (i)satellite dishes shall not be located % t j4'6ty,* within any easement area including the ski-in ski-out easements or the golf course easements; (ii)satellite dishes shall be located and Notary Public landscaped in a manner approved by the SARA in accordance with avh\maroon\doestthird.arod the procedures set forth in Article 5 and so as to be completely screened from view from any other lot,road or driveway within Maroon Creek Club and the Golf Course;and(iii)the screening 2 TIEHACK RESIDENCE 1470 TIEHACK RD.ASPEN CO 755-883 1 755-883 0 „2 755-883 81611 SCALE:1' = TO" = 1'-0" 2 SCALE 1' = 0 1/2" 1•' 2" 0 1/2' 1' 2" 2' SD 2/1/2022 ED 3/16/2022 HOA 2/25/2022 PERMIT 2/1/2023 FULL LAND USE APPROVAL RECEIVED LUA.10 02/02/2023 ASPEN BUILDING DEPARTMENT RED 1001 Grand Ave Suite 103 Glenwood Springs CO 81601 I 1 © These documents have been specifically prepared for 1470 Tiehack.They are not suitable for use on other projects or in other locations without the approval and participation of the architect. Reproduction prohibited without approval of the architect. 2023 "". y , • - � " , • .ay�,tAaanWieaaevf...a .. tIpL......w-.a . • _3..,`, ..�, w., oarsw.,xm:..-aeme�� „sx �,,-' '�' M.>•l' ; s?i1,. �, .. :ir" .. ,. _, ._. 3 , .i,am ` �. -a, ..,,a.. >`;1:. r: r •+-')7t«111�fu:].:.l�1Fic`a+$:`a:. ._._Ea,1.;..lnBYil�- _ ; N363259 if/15/93 C � � • � �M�� ��• �B:43 Rec $15.00 BK 730 PE M7 ' • N763239 11/15/93 08:43 Rec#15.00 BK 7J0 PB Sa3 +- , <� Silvia Davis, Pitkin Cnty Clerk, Doc f.00 Salvia Davis. Pitkin Cnty Clark, Doc #,00k N3a3259 11/SS/93 OB:43 Rec f15.00 BK 7J0 PG Bab �a . Silvia Davis, Pitkin Cnty Clark. Doc $.00 ., ASSIGNMENT AND ASSDMPTION 3, STATE OF(jperaA00) l 1 OP HATER LEASE AGREEMENT ry,; '%.- The undersigned hereby consents to the foregoing i'% ) Os• ? Aaeigmeent and Assumption. COUNTY OF��ae.,_) 1 THIS ASSIGNMENT AND ASSUMPTION is entered into as 1.;�� ASPEN 6RIING COMPANY, a 333 TRe foregoing instrument was acknowledged before me this ;, of LIMITEDhie v.LIABILITY 17. 1993 between lPEARCEimited EQUITIES GROUP II Colorado general partnership Y \ 1/��+^l of /jam ,,.�1993 by James T. Pearce, Jr., Member +v COMPANY, a Utah limited liability company _y_ of Pearce Equities Group II Limited Liability Cospany, q, '•• q Colorado III) and MAROON CREEK LIMITED LIABILITY COMPANY, a t' BY: MEW III/IRDG IV limited liability company. esh^i,` I OY' } limited liability company (.MCLLC.). 'I GeneraRSAIP, er WITNESS my hand and official ei'-NOj4 .r Recital. AA.....' General Partner A. PEG II and Aspen Skiing Company (•ASC') are ;r BYi MROG III ASPEN, INC., / A`Y. e�tO - as General Partner recorded1 parties to the Water Leases Agreement dated September 2, 1993, Notary Pub c a. r on the real property records of Pitkia County, r'1"�i Colorado on 1993 in Book at Page (the Bi'i ..S l��u ,N My Commission expires: ‘, f. Ld�- .Water Lease.). ' Mae.: id ( E'yV iR. a B. PEG II desires to assign its interest in the �r Title PRffaoluf 9 gqq Water Lease to MCLLC and MCLLC desires to assume the , ,... obligations of PEG II under the Water Lease as set forth �' - • herein. .` - //// STATE OP(.A- io,e) r Atil NOW, THEREFORE, for good and valuable , ) ass // consideration, the receipt and sufficiency of wR-ch are hereby COUNTY OP��) STATE OP/QyI.Q.f[Yl ) ., acknowledged, PEG II and MCLLC hereby agree as follows: Q ) u ¢ COUNTY OP j/�K� ) • + 1 The fo instrument w acknowledged before me this 1. 86sianeent by PEG II. PEG II hereby conveys. of 1993 by James T. Pearce, Jr., Member �'� Ths for�gOing iMtruMnt s acknowledged-betgre�� this transfers and assigns all of its right, title and interest in 1 "li Pearce obi es Croupy, onager Liability Cospany,iced ,/� gq.Y of i(/A' Qa. .. 1993 �/ies �iV Ls'� the Water Lease to MCLLC. Liabied yiCompany caMColo,domppesr ef.liability Ce PJG {�gi� .e of I Xs ' Liability Company, a Colorado limited liability company. Inc.,Ilic., a aware 2.obligations tion by MCLLC. MCLLC hereby assumes ea. : o rg pJ ASPEN SKIING it;11- eorporat3on, Gsmeral Partner of MROG III/IOm'IV Partnership, a � ,� *.fit MITIIP:is my hand and offic! we......'•`+I�`', _ Colorado general partnership,Gneral Partner of all of the of PEG II antler the Water Lease 1 No 4,9\w COMPANY, aColorado general erabip. accruing from and after the date hereof. ,„ ..�r,.,°qi`:= + 'yam"" �'_ EXECUTED as of the date first set forth above. :•""Ify..�meimeion expires /9(iffr— yg pry Yi �� MAROON CREEK LIMITED LIABILITYmi LIMITED EQUITIES GRODP II +-.4 11Y Comet ion expires: Cp'3f�9 A`folc"eta N�Pf��, COMPANY, a Colorado limited LIMITED LIABILITY COMPANY, / irkil' s;� ar�y(G;0 ie liability company a Utah limited liability company .. coo By: Pearce Equities Group II Limited Liability Company, a Utah limited By'•— .:.i liability company, Manager J es . Pearce, J • 1 Member i mes T. Pearc Jr., Member r,„, 1x 7y1 ,,,,,, , ups= a .=act. ,1 .14. .s,-, :'x'VS4�� � ": °.Fs�"'._.. ,.�,• ., .;M *".y, .U,... ..R, Ci.. 'r t . a y a ESN x .x. w 4 i c " ' • 1 i ,a . • a w 1 � � y ,. ,, s '4 A a. Q I TIEHACK 865 865 865 RESIDENCE sCALE1 r-0' o 1/2" 1" SCALE = T-01 3 1470 TIEHACK r scAie:r 1-0- i 1/2" 1" z o vz•• r• z•• RD.ASPEN CO 81611 SD 2/1/2022 DD 3/16/2022 HOA 2/25/2022 PERMIT 2/1/2023 FULL LAND USE APPROVAL RECEIVED LUA.11 02/02/2023 ASPEN BUILDING DEPARTMENT RED 1001 Grand Ave Suite 103 Glenwood Springs CO 81601 O These documents have been specifically prepared for 1470 Tiehack.They are not minable for use n other projects or in other locations without the approval and participation of the architect. Reproduction prohibited without approval of the architect. #36#3654164 01/07/94 11:06 Rem *15.00 BK 737 PG 899 Silvia. Davis. Pitki r. L"nty Clerk, Doc $.00 #365464 011 O'7/94 11,1)6 Rec E1.5.UO Fr, 737 FG 900 *365464 41 Jet?J44 11:U6 Rem $15.UU BK 737 PG 2023 Silvia Davis, Fitk:in Only Clerk. Dots 4.mcl Silvia Davis, Fitki�. Cn+v Clerk, Doc $.00 STATE OF COLORADO ) ASSIGNMENT AND ASSUMPTION AGREEMENT STATE OF COLORADO ) ) ss. gs. COUNTY OF PITKIN ) THIS Assignment And Assumption Agreement is entered into this COUNTY OF PITKIN ) / , day of ,'1,.j.., i , 1993, between PEARCE EQUITIES / The foregoing instrument was acknowledged before me this GROUP II LIMITED LIABILITY COMPANY, A UTAH LIMITED LIABILITY The foregoing instrument was acknowledged before me this /// day of `/,, �Jp 1993, by James T. Pearce, Jr., individually. COMPANY ("Assignor") and MAROON CREEK LIMITED LIABILITY COMPANY, A day of ,,Mu ag1993, by James T. Pearce, Jr. as a member of COLORADO LIMITED LIABILITY COMPANY ("Assignee"). Pearce Equities Group II Limited Liability Company, a Utah limited WITNESS my hand and official seal. liability company, Manager of Maroon Creek Limited Liability In consideration of the payment by Assignee to Assignor of Ten Company, a Colorado limited liability company. My commission expires: .-2 , Dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, Assignor hereby assigns to _WITNESS my hand and official seal, [SEAL] --- I I Assignee all Assignor's right, title and interest in and to that o` `1,. ,•'"�Aoo i° Water Service Agreement dated July 26, 1993 among Assignor, the a 'rs mission expires: 'o4d ' A 7�+a otary Public City of Aspen, Arthur 0. Pfister, Elizabeth H. Pfister, the SEP /2 �\7t�'H'd o: Residence Trust, the CDP Residence Trust and the Aspen Skiing - EAL ?p_ e Company (the "Water Service Agreement.). Assignee hereby agrees to ,i); �l^4 ) 'c 1 f J10� assume all obligations of Assignor under the terms of the Water `•` •A No — . Service Agreement. 1 a� - •Y CONSENT `•:�^ PEARCE EQUITIES GROUP II LIMITED LIABILITY COMPANY, A UTAH LIMITED In consideration of the receipt of Ten Dollars ($10.00) from Pearce LIABILITY COMPANY Equities Group II Limited Liability Company, a Utah limited liability company, and in consideration of the personal guarantee -7 of James T. Pearce, Jr., as set forth below, the City of Aspen BY; ,/ �—.� hereby consents to the above Assignment and Assumption Agreement, James T. Pearce, Jr ,' Member pursuant to the terms of Paragraph 39 of the Water Service Agreement dated July 26, 1993. MAROON CREEK LIMI D LIABILITY COMPANY, A COLORADO LIMITED THE CITY OF ASPEN, COLORADO, A LIABILITY COMPANY MUNICIPAL CORPO TION By: PEARCE EQUITIES GROUP II LIMITED ATTEST: LIABILITY COMPANY, A UTAH LIMITED LIABILITY COMPANY, MANAGER By: By: By:c 7 � _•, Kathryn S. och, City Clerk Aug st Reno , Mayor Pro Tem ames T. Pearce, J ., Member GUARANTEE STATE OF COLORADO ) James T. Pearce, Jr., in consideration of the consent of the City ss• of Aspen to the above Assignment and Assumption Agreement, hereby COUNTY OF PITKIN ) personally guarantees to the City of Aspen the performance by Maroon Creek Limited Liability Company, a Colorado limited The foregoing instrument was acknowledged before me this J'' liability company, and all of its members, successors and assigns, day of ,n 1993, by James T. Pearce, Jr. as a member of including, but not limited to Arthur O. Pfister and Elizabeth H. Pearce Equities Group II Limited Liability Company, a Utah limited Pfister, of all obligations and duties originally imposed upon liability company. Pearce Equities Group II Limited Liability Company, a Utah limited liability company, by the Water Service Agreement dated July 26, WITNESS my hand and official seal. 1993. My commission sires: / /--,���, _ eurrE\occu"oiws.ssn.nca ndiv T. Pearce, Jr , 4SE1 .].,• .- individually n 3 p 1:. . a. Publ c \�. 2 mot... TIEHACK RESIDENCE 1470 TIEHACK 8991 899 899 3 RD.ASPEN CO SCALE 1' T-0•' SCALE r = r-o• 81611 0 12" 1" 2" 0 1/2" 1" SD 2/1/2022 DD 3/16/2022 HOA 2/25/2022 PERMIT 2/1/2023 FULL LAND USE APPROVAL RECEIVED LUA.12 02/02/2023 ASPEN BUILDING DEPARTMENT -• ,q:.:,. ]]!4 a Casty err•Doc UU G 9]B Ii* Zee: . r,,,Ur:.,. .. J<T ,- RED a rao PG vov vas a, sex 20a t rtarm ot,•3 rr. ii s.,. '''r-.' Pat an � I ai it Da akin i.nty Iona.Da a.o raa " 1„ A 1001 Grand Ave Recorded at o'clock M. W) Shori Form Agreement end Amendment to Lease dated July (() Deed d Easement dared Auguat 2D,1962,and recorded Pearce,the Grantees,owners,occupants m residents;n the Subdivision and their Suite 103 (( Novembe 24,1982 m Book 436 at Page 211 of the Recants of the Clerk ssppeective employees,guests m imiteea,the rights of the public m accordance with the Glenwood Springs Reception Peocrdm ' 1,197re and recorded November 15,1977,in Book 338 at Pap 684. and Recede.-of Rt(an County,Colorado; detection at her on the Plat for the Subdivision,and others m whom Pearce(or the RECORDING REOUE5fE.0 BY: The Grantees acquired don P easements and rights to use roads commonly known esDeed Association,m hereinafter defined) RECORDING RECORDED RETURN: T,ehnek Road and Powder Pella Road to provide access m each of the Great:es' of me m and m the Roads )may grant easements,rights-of-way or other rights individual properties to Highway 82 as specifically ascribed in each d the Prior 00 Supplemental Deed of Easement dated August 10,1982,and CO 81601 recorded November 2,1982,in Book 436 at Pap 227 of the Rea:de of Rowed Garfield,Esq. Easements, 1. the Clerk all Recorders of Ruin Count,Colorado and recorded Pearce is granted all expressly reserves the exclusive right to pant Garfield&Hecht,P.C. g J:East Hyman Avenue B. Each of the Grantees owns m has a IeaxhoW interest m IeIMe which December 10,1982,in Book 437 at Pap 72^f such Records to correct mho easements,rights-of-way way m other rights to use the Roads and each of fl Grantees acknowledges that they have no right or authority m grant doer rights m expand the certain cknwl enws; rights granted to them under this Agreement Pearce Enter reserves all minerals and O Aegean,Colorado 81611 are be provided access over all across certain of the roads to be mnmrucaed in non-tributary water;n all under the Reads together with the right to use the surface or C ROAD EASEMENT AORFEMF.N•T n ont with the Maroon Creek Club Subdivision(the •"Subdivision")which roads see (iii)Supplemental Deed of Easement dated August10,1982,end tart' (Aspen.1.N.Company) shown on the Final Subdivision Plat and PUD for Maroon Creek Club(which Plat recorded November 24,1982,in Book 436 at Page 232 of the Records of subsurface the f a eorporeled he by this rtfcrcnc)recorded ISb19T9uheck Ro in ad all % the Clerk and Recorder of Polon County,Colorado; 5. R,•a� Apuunea.al The casement all right-of-way rights u noted .' These documents have been M' dated as of the ' _ Page yW f the records of PiOtin Cwnly, e� hereunder to Pfeifer,the Skiing Company end Hen shall berespectivelyspec fiwy preparetl for 1470 ���� yy Thu ROAD EASEMENT AGREEMENT CAgreeme ), ed 40 Ft W.Access Easement(shown and described o^Sheet]^f the Plat - (iv) Deed of Easement dated November YI,1969,recorded appurtenant alUPgII o� 993,is made by end ammrg PEARCE EQUITIESey am commonly known as die"Powder Panda Rob")(collectively the"Roads.). 10,1970,in Book 246 at Pa 746 of the Records d the Ckh Y COMPANY, Utah limited ha60'ryry pspiento fh)the property net by Pk'fer as described on the ("Pence'),FRIEDL PFEIFER,individually and as Tnntee of the Fried]Pk PANAY a C. Pursuant m the Resolutions of the Board of County Cammtsaronen and Recorder of Atkin Canty,Colorado; kaed by the et:c1Q Compu described m,EyOWLE,mIJ(m)Nc dr, oav Tiehack They are not or in of for Real Estate Irrevocable Trus No,1(Pfeifer),ASPEN SKIING C Y. CA of Puk;n Count Colmgd^,a the Subdivision,Pearce was obligated te and hae • by Henry as dmenbed on M1riY°"' use on other projects or n other Colorado lenerd panr"ersh;p(the"Skoog Corngny")and PATRICKH HENRY, are on the Plat for County, Subdivision dedicated tad u a tic road that portion of Tiehack Road I° (v) Supplemental Deed of Easement dated Au 10,1982,cob •rid may m[be tnwknzd,azsigtred,or ameyed use without the approval and LRISIEN NEt4RY(Henry)cdlao6n01 Pfeifer.Skiing Company Henryr5• putsrecorded November 24,1982 Bak 436 al N 24 of agent or separately from such lands. oProva from Slate Highway 82 south a a^end line which is an extension of the southerly line W; Page ]of Records of 6. ConstructioG participation n of the without diva en hereto referred m as SGnmeu'. P„kin Coon has not acne ted the Clerk all Recorder of Canty'Colorado and core Reproduction prohibited w thout of Lot 14;however,m anpecdon with said dedication, County P December 10,1962,in Bock 437 at Page]]of such Records to<oerect approval of the architect. ally Abed for Cron rnrr. n Conoe.Soo ooea Rotior nhY any maintenance obhptiona certain clerical errors;and gment thereof will be one eegoeei M1ed la Pe aI its a ecru.Such a000ed roe coil RECITALS ) be m accordance with the requirements of Firkin C y and occur in accordance with 2023 D. As put f Peerce's rclaeUen of the robe which are the subject of (vi)Shoo Form Agreement and Amendment to Lease dated Jul1, Peerce's construction uhbule for dmela f^the Subdivision(including the A. Pursuant to the following agreements(cdkceively,the"Prim he Prior Easements and i^order b induce Grates t^agree.0 such relocation,Peva Yy Easements'): the e M to Grantees amain nenexcluem easements in the Roads to be used 1977,and recordnd November I5,19T2,in Bak 338 at Page 684 of the provisicon of the Subdivision Agreement with Firkin Count)sub t^the f all mu set red ea U n t of we for vehicle and ravel end Records of the Clerk and Recorder^f niacin Canty,Colorado. this A I^the event that Pearce shall be delayedk )act provisions tied of EuemeM dared Ausust 2q 1982,all mcarded a private gh Y pedestrian t terms from Agreement. n,hindered m,m () 1 , uber8rmnd u(Iniu 3. Grad Subject to the specific and conditions and the ' performing seder this Section by reason ofslnkea,lockouts,labor troubles,be excused -' November 24,1982,in Book 436 at Pane 2 l of the Beards of the Ckh and Recorder of Pd o County,Col E The agreements that kllnw gent atnxclusive easements in the resUi<otpiountsyset in fee b P)earce Pearce to to it thes k'eud6dd�that of m Roads located ihee a procure materials,ore el of sons be, rid its cegwer ee ee laws cc he hall regulations,exrid e (ii) SSuuppppkmenW Deed of Easement dared Angell 10,1982,•b Roads and Decet the term;wm^of WI of tM Pdm Easements 0, irony owned a oiler lean to Pearce,astsch.in 1 Memorandum a Leese ^ep°n then reasons beyond its a^wl,per performance shell be shall aabe recorded November 24,al Book emet peed 22]of tl 0 Records of \ property f r the period of the delay and the period for the derformana hereunder nhWl be the Clerk and ber 24,1 of Ritin County,436 at Combo Id re-monied AGREFMFNTc dared May 16,1990,all recerdd m Bak 635 at Page 723 of the Property.); eryRecords of the Clerk ezmndd for a petit equivalent to 0x petit of such delay. December 10,1982,;n Book 437 at Page 72 of the such Records m coned f for oat and valuable coasid rat the re ei nd and Recorder tf o Canttyy,mRoads (theon'Pfeifer Leased owned in ahi yP Pfeieifer r NOW,THEREFORE, 8 pt a the fee er a that pan ty,Colorado Roads S red if Property roped in f by Pfer as @) ArmcoyEaaementa Dunne('aatrachpD The Grnntcea shell certain clerical anon; sufficiency d which arc hart acknowledged,be herolo make the followin ddin8,wideua bmwtion,Ore PfeJ Lease PropcnY and.the y seeder lease eo I ill times during construction of the Reeds be pros dad access for ingress and egress y b)ac gd,a paniea 6 ky� Oe Skiing ComPayy:and(ui)ehe Sluing Company az to its 1 Nd res nder from their respective properties to Highway 82.'R.Grantees,however andenn^0 and (iii)SupplemenW Dud of Easement dated August 10,1982,W 4 grata,agreements and covenants: leases from Pleiter recorded;n the Records of the Clerk and Recorder of Retire agree that a temporery nslrvetion accent may be over and across such temporary roads as Pearce may provide;n its discretion. , gg 1. R.•:rW The foregoing Recitals are nnmeyorod herein by this County,Colorado,hereby Scam end comet a Pearce W the Grantees and to their (c) Fx_',�aR�s NdwiNskdmg We mmmgatioe I recorded November 24,1982,in Book 436 at Pme'232 of the Records of successors easi8ass,a nonexclusive easement and right-of-way for ingress and e rreedd reference and robe a part hereof, and across the cee in accordance with the terms of this Agreement.As m Puree, of the «Easements,unlit such Ume as the Roads have been anservckd;n acemdancr 1 the Clerk and Recorder of Retire County,Colo •a .� peas , '1 (iv) Deed of Easement dated November 27,1969, ided 1 the rights grinned hereunder extend t0 all of the Roads.As to Pfeifer,Henry and the xieci ho February 10,19]0,in Bak 246 at Pap]46 0f the Rmmda d Orc Ckrk 2' T nnine00n of Prior FewmpBB.The easement rights in th<Rods Ski Company,the rights gnMed hereunder extend m the Powder Panda Road it being prior provisions gg cone with the provisions f subparagraph(a)above,and subject to the p f d granted herein result h m be relocation o the reds mmmaly known u T hack Road understood that the of Tehack Road a be used to aceeaz Powder Panda road is uboaraBnph(b)above,Grantees hall retain the right to u the ousting Tieback Reed cad Recorder of Pietro CocmY•Colorado; and Power Panda Road,which are the subject of the Prior Easements I^consideration pony iihidd h (v) Supplemental of Easement dared August 10,1982,and of users and rights m the Rods granted to the Grantees m this Agreement,Grantees be dadinted to the public Act to the String Calumny,the rights¢nryd hereunder Powder Pads Road m accordance with die riB u,term,end conditions M each of recorded November me,al Deed,d Book 436 et Page 24'f M J Reads of herein hereby relinquish all easement,right of way and user rights over,upon one xrosr further ezkd W so mull d the private puma of Txhack Rod as shall be necessary the GnMeea in the respective poor rater) is the Clerk d Recorder of Pietin County.Colorado and re-recorded and to the rode commonly known as Tiehack Road and Power Panda Road which to the String Company user more fully set forth m Paragraph 8(d)below. December f0,1982,in Book 63]at Page]]of such Records to entree[ are in subject of the Prior Easements end hereby terminate the following agreements: I • 4 Reservation of Ridhg Grantees acknowledge and agree that their ro ] hid replacement Pearce necessarythe of the Roads oad shall be including, but for the repair,, wmremoval the Maintenance Function").Should Paaiin Canty ever rid accept the mrtein clerical enure:and it " use of ehe Roads m any segment thereof as nonexclusive and is subject m the rights of ( y ever accept the 2 3 4 1.;I iifl �' 1,,. , a J ., R • 938 938 A E 4 SCALE:11.33 SCALE 1133 938 SCALE:1:1.33 SCALE:1:1.33 • N I4. -. - ... - -..>. i 9 2 t�.p, a,` a. n SI Davis, Fe c 730 De-54 Bac 395.00 Ra 730 P 9. +4. Cot.,Clerk,We TA 9.1 er,,Doc �{ vas Dav . atkln Cot,Clerk,Doc 9.00 Salvia Moils, a Y e , } ..,..tee Davis,/93t an C 5.34 e ley ^c$,OU Maintenance Function for the public portion of Tiehack Road any porn Reatricttve Covenants recorded;n Book�5 at Page l05of the real estate records of ;-�' ) Wade,Ash. C afro 11/s G v C ask D pas With a copy Inc Wads,&N;B,P.C. the ceded provision a valid and enforceable provision as similar as possible to the Hereof that may subsequently be dedicated to the public or Powder Pads Road should Rlldn Carty,Colorado. 360 South Monroe SUM , effected provision t a dance F w the Sopublic,then Pears hall a le^ger le responsible a for the Formed to Govern Ronde In the even)an 19 jlydiren far Come•'ere,All hu0inp and captions used herein Maintenance th Slu of C. So long as rearm shall s respo for for the f Pearce for Association e d yy Denver.Colorado B o 80209 are for convenience only and are of no meaning m the interpretation or effect of this Function,to the Sltiing,odor shell,however,be responsible for reimbursing Pearce for association ofIkeowners of Ica or air.macs in the Subdivision ant entity established Fax No.:k07)32P0501 Agreement. Siding Roads oiler alien a.)Ryry went and tear which may he caused by the to provide for the common repair,maintenance and e,a merit of the Roads(the g Company's use of the Roads (By way of example of such reimbursable damage, Association")is created for the W�anefcommon repo and replacement •and ra by limitation,the Skiing Canpe y shall reimburse Pearce forte cost of repair f the Roads within the Subdivision,the Grantees shell be subject m the jurisdiction d, for:Image to the Roads caused b the operation of treaded rather than rubber tired of to such rules and repkdone not inconsistent with the uses granted under this If to Aspn Skiing Co.: AAssppen0 king Coif 16 Enforcement This Agreement and the terms,conditions,and y Box reof maybe enforced by any.of Pearce,the Association m the Grantees vehicles over and across the Rods) Agreement which may be imposed by,such Association.In the mat any AasockUo^ Aspen,Colorado 81612 provisions their respective sue essUn and assigns;and in the event legal adminuuw;ve 8. Rumctsona. fared,Pearce may assign w rights and obligations hereunder to Ore Association and 'n aeon acceptance in writing by the Association of each obligations,Perna shill be Atm:Mr.Frederick A.Smith suits or oaedin brought against an Fu No.. 925-0584 W gee are B g Y party(whether a party to this Agreement m leased from the obligations accepted by the Association ) t)for the purposed such enforcement the,associated pany�pant shall recover `(f A from the non prevailing putt or put all cost associated therewith,including,but M 'ry (a) U)ilitie4,Perm,as pan of the Subdivision,is developing With g spy,p, Hdlud&Had Laid m reasonable ahrmeya'fees and costs.Any action k interpret m to enforce this system of independent utilities including weer,sewer,electrical,telephone m cable 9. gyppapg f Benefits and Burdens.All provisions of We Agreement 600 East Main Street Agreement shall be a anorn m the s andc Can for coon Cooney,t or to e^ television utilities p0mons of which may be located adjacent to m under the Roads.A including all benefits and burdens,shall run with the lands of Pearce or Grantees Aspn,Colorado BI611 Grantee shall have only those rights with regard to such utilities as may be red toe Ater:Arthur B.Ferguson,1r.,Esq. 1mi a bl Thri Agreement xhall be inuiprctd and enfined Gran.pursuant to a separate utilities agreement oath Pearce. y pg reams IY,and ere biding upon and shall inure m the benefit of Oho heirs,assigns, Fpner��u� qi��� ��,ag and personal representatives of the punier hereto,subject to the provisions Fax No.:003)925-9367 accordance wash the)cows of ITe 8mee^f Colorado to Srarial liens Under no circumstances stall access be denied .qa, hereof y If to Ne Mr.and Mn.Patrick Henry,Ir. r^ 18 construction.The role of strict construction does rid apply to this La, r from any lands)whatsoever over and across the Roads for emergency vehicles 10 Wires.Every notice,approval,a^send,or other comnumcation «Y' Post Office Box 3077 • Agreimne This Agreement shell Scgiven a reazowble construction in 11 (police,fire,ambulates),school buses,road memeoance equipment and governmental pp Aspen,Colorado 81612 of Kara a confer upon Grans a usable right of ingress or egress by road officials engaged in official buopeas r authorized ar required b Olin Agreement shall n^e be eHadve odes+tle a•me arA be y ght tofo the ling Wdreaxd m the other partua nt Oe addressee set froth in this pangnnh and I,' m and from the of such Grantees abutting the Rods pranced.mog j air penowllY deUvered•sew pmeye prepaid by Umted Stated cen;fid caul,morn With a copy m: �wTHugh..11eY•&Fm�.m 19 Mitigation of Damages. In all iom enema out of this (c) Use by Permission.All guests,invitees(business or social) ieceipe rtq eed,sent by a prcpand wceiugM delivery sYseem soh one Federal Expreas, _ 533 East wsAve^m Agreement W 9. shell ale to avoid and n le the damage resusing ou from the Thet u use the,agents,vehicle and contractorsana ce Pearce or any Grantee shell a properperties. by f aimde tnnamiaaw^,Oie receipt Mwhkh a canfirind by the pmly rcm+vrng Third Floor Agreem of any Party hereunder. Pi eep the Rode for vericed or pedestrian access a and from geie ant respective VV gepee such Uanemiasion Aspen,Colorado 81611 con inp 'vehicle or piles aces• used n this Agree shall be broadlywhich 20 ('anOman•.This Agreement may he executed in any number of , tme'd m mum pedestrian,equestrian,bicycle and Mher forms travel for whhN ' If b Prince: Pearce Equities Group II Limited roads in Pain County,Colorado,are customarily used.The Roads maybe subjected liebili C ` tY panY An shall have the right from time to time upon at teeth ten(10)days'prim written ounerperta all of which,taken together,shell constitute ore original instrument. suchmato the a rid and regulations to c enforced Pe for runty and identification I ° which 601 Eason Hyman Averse,Suite 104 • ' notice,m change a respective address. c 21. Grammer Words ofanygederuud m this Agreement shall incite 6£, y be adopted from time to ll n by Pearce(«he Association);prw^non however, Aspen,CWaada 81611Doer Seder and words m the singular number shall be held m include the include gr en and regulations sled not limn the eights ad obligations contained m this y' AM:term T.Pearce Jr. 1 11 NOLthibrr Dd;retiOn Nothing conned m this Agreement.01 y Agreement. Fu No..(303)9203�'IB be darned m he a BR or dedication m expansion of the dedicanon ro the puWblic unless the mnext otherwise require s cpnteircd m th Pica for the Subdivision d say portion of the Roads affectedby tbe Further Asthma..So long as authorised by applicable hew to do (d) Skiing Comwny Uug. Nos contained any the or covenants,conditions,reMctioas,easemeMa,or 1 granted each of Oil entice hereto will do each further acts,and execute acknowledge,law t and I h prohibition of allowe abceh on Tdhf C Road which is s in Plat of the V. With a copy to. Garfield&yman P.C. r. , Agreement,in the event that so,each all further conveyances and dyer instruments as as may be neaasary m more fund Subdivision or allowed by the Board of Canty Commissioner's Resolution No.91 111 60l Fort Hyman SUwI 12. Sub m the terms of Ws A , assureal each other all of s a respective rumenrights,tides,ybe ne saryestat to or ediw, (1)the Sting Company shell be provided with irrevocable year-round access over the Aspen,Colorado 81611 UOe m the prapity bprde„d by the taaemceu«rights-of way Cott liereurder ad pee ,� Roads for the use, the use ance d opeonti A e its Pa easy Area 0n Lot 49 of Ore / AM:Ronald Garfield,Esq. , ,be properties benefitted thereby shall at any Ume be bell by the same powers,and pnvik8u Frosted for herein , T I E H AC K hunSubdivision and for the use ath ogee f the Powder,atitPanda Arean'oincluding,ee and ` Fax No.:(x13)925 31k18 , Oeh der,YOus Agreement shall not terminate and the rights,UOe,ad;manse created , 23. Representations and Wn.rant•e• put represents and warrants k se,the openlion by the Skiing Company,at its expense,of an dui demand. 11 hereunder shall not merge with the feeEach sservice tank skill for ro ed guests,ear eons and licensees(any and (2)the scheduled shank If to Fddl Pfeifer: Mr.orWA st Barto each other PmaY.that such party is duly organized,validly existing,.d in good RESIDENCE hale be approvd by Pearce or the Association),end she the String Cage he do Walnut t oar.Iowa,N.A. 13. Amendments. This A t may in be emedd except by salting then the,th of State of Colorado or zedapp,vble state law, a has and is hall be provided with irrevocable year-round access m the atrvcturea located et ehe fi66 Wakut Street executed by all of the then parties to dos Agreement qualified to do business in Colorado;and Out each party has the tall right and authority invitees Panda Ara over the Roads for w e of the Ti g comers,lice nee, De,Moires,Iowa smog wrinen instirme^'` area car m this Agreement and thatan panes signing on behalf of any entity party have 1470 T I E HAC K ubecenands end apeesPa.dr A Use the the Skiing Cck opane Area on Lac 49 of .e Sable.it If anMy ptonara of 1yanr the alidisM11t g cl),alrdi to mar authorized m do u by appropriate corporate Or partnership action.the Subdivision and the Powder and Area by the Company shall be subject to i.rl¢aI eery cel'e• shall aAcd a 2d. Aspgoinrm 6YY yenro.• Prance may uaipe its obligations hereunder ( RD.ASPEN C O the applicable teems,provisions and restrictions W forth in that main Declaration of (; eN"arceabdity of coy dberproviuon of slue AgrceneM,W dtere alit be suba6mted fa to the Associate as providd in Paeognph B(e)ad may esugn rev abl'igmione to a jant 5 6 i 7 8 81611 1,1 r SD 2/1/2022 l '�' DD 3/16/2022 HOA 2/25/2022 - • • _ PERMIT 2/1/2023 J • J )_ J FULL LAND 938 C 938 938 938 USE APPROVAL SCALE 1:1.33 J 6 4 SCALE 11.33 SCALE 1:1.33 SCALE'.1:1.33 (1 �J RECEIVED LUA.13 02/02/2023 ASPEN BUILDING DEPARTMENT N. • /15/93 08n54 Roc•95.00 aX 730 P 946 j 0363262 11/15/93 08r56 Roc e95.00 aR 9a9 Pa 1af Y36326 sews/93 rm Mc 95.00 29 730 Po 9N 3632,2„ r 363262 9, 95 *0 Pa w9 1001 Grand Ave env:,p.,.:,,PaN:n cncY c1erN,Dee..00 :: .V"k Silvia Davis,Pick n silty ctn..Doc 1600 6111.De Suite 103 venture,limited PwXnh'P.[O'POrep°n:or ant entry formed fm 1t wT°1C°f' . .;`,".. STATE of col,oxeno ) PEtkln Y ei k.We t.oo L a.lvr.wv . Itkrn CntY nor.Doc 9.0o Glenwood Springs ^) ,I cot devtlopmenr of Uw Subdwucn ad,Prov'dd slur tech own' pas inverses /C/, ,. n. a STATE OF c"sa tee-ter e CO 81601 obliq•nmu of Pearce hcmunder,Pearce awl bt¢!sued h r�°bu peen w dust LL -rC S hcreudm. y '/ COUNTY OF =/:K.� 26.J'rm S,amdrMsw A00 mortgage,dead MtruM m Wier enwmbrance '/a� y 9 ".. ', COUNTY OF //,>ic..J _ • I the property udmlyng the Eacmenn FT.'. nenwd berme and!be aubmNlue to the Y._�», d`"'") P®(tt The foregoing imoumevl w 6Lmowleded before me tltik� P aemenn"eNcd vertu and E"c'rtpeve n xd„arm..N dm 0ranuu Net the •1!^ML'M• (,(1T' „z 1993�by]•mu T.Pr6rt.Ir.u Rfemba d PEAR 7.1 ' nWrat rYrow fart me tlda'3�sN� f one easements'granted hertunder of any holder of any Len arcrcumbruwe the 4MOU7r,1"" It.71-I ir9tTdOMPAkt:ikh inibdtitbiliv aa�np•°y. J > foreclosure nrl of which would extinguish the easements grained hereunder w been �; �' e../� N SEEN mASPER.Qic., IV PARTNER 4IIP• obtai„� WTINE55 my Wad and official 1 pal • General Paver of'1SPi'Y' SKIING COMPANY, These documents have been IN WITNESS WHEREOF,pewter have txewted this Agreement u of tle My eanmirtie°e�irn /c 27 f,2 a`4. WITNESS my had•d OfRc•1 red. - Tieback They are notsudable for 0(or day and year fast above written. a+•�.+^ ' PEARCE: - = •�/. use on other prolectepprovather PEARCE EQUITIES GROUP R LIMITED 0\>��9' ' + MY '�Weip� /�G IocpaCop2tons ouofthe land 101Oi company 1 Bc I. ftRf99� �� participation on of the architect LIABILITY COMPANY, a Utah limited .14(104 �' N 1 •{ - ReProtluct on Proh btetl wlhout NOIx•x Y/gvyy approval of the arch feel 9. sTA7E OP G+�-6a] n 1t a�•• Ga B.G.. • 2023 1 T.Perna,Jr., tuber f !J GRANTEES. COUNT! <!./ ( Q-teL $j I ` ((ppettspmoL ar�ovkd� �J�. STATE OF tolp'd�rJ )m �/��{J- , �1993,by PRDDI.PF�FA i°dividmlly ad u TwOx o'T�e Pryiedl COUNTY OF �/-k, )) Frietl •oiler Individually and .a /. I 1Rer(tryu�tnl FmeeUmot'abk Trml N°.i. ,,me�µµ TrvNa of the Fr'edl Pfeifer tiTINPSS my bad ad...in. fSdd and. ! Ile instrument pass minovkdged Weft am Nia /?-dry d Estate R 1 $ My canmissimm empires 6.°r 6) '• '1 ATRICIC HENRY,Y.]R. Aspen Red Ea SPEN SKIING COMPANY ;� - t•/•• i PTINESS sty Wind ed official seal. •Colorado general partnership / I By: !HMG m/MICDG N PARTNERSHIP, 1n\l9gy.• a My r®ea•spire+ 5 2q 9f. �• , , y 2 map general wnnenW'p, S..4WEVIE];r / General � ANpMRl•Q(, By: MICRO m ASPENoa .INC.. , '' Notary Public ! i • De4w•m Partner •tt Gonad Pm,ser ..' ` i PIIBt?4 f r m „ 7 -_ 11 12 4 c to t[ ' 1 - i° _ , t: . - .. - • ® i 0 . O 938 938 938 938 SCALE:11.33 SCALE:1:1.33 SCALE 1:1.33 SCALE 1:1.33 L+ _ ,. \ 7 y €.� ty.� r„ : u A,w `, .,. �, �4C7'�i�lctlRaLr: . -- a.ar,m.•....aac�. -...=rrnx+...t..c ,t+'. •323262 Il/15/e3 0yr51 RexCl•r5k�Bw 15�P0 9M 00 lb Po em1 363262 11/15 3 OD R• e95.00 a.Tap Pe 9H F • 11/I 95. 6l Iv1•Davis, ]262 5/93 OBn59�•ec• 00 M 9N9 P9 90 ePIlkan 0990 Clerk,We a rt'•. 811v1a Davis.Pitkin Clrk.Boo..00 91iv1•Davl+.Pr akin Cnty t- ellvra av Pltutn v 1. ec o • .00 o STATE OF ecIseado .•` ' - J37LF11@II.A I T.A 1 N1(.d' 2t' l *10 , COUNTY OP �irkn O. A' �'! (Pfeifer PnmplrvY F",.,�,y - Y. l /, The f �Nimtrumeet wo•knowledld be/me this/3-6 thy o f :.1 (Pfeifer Retained Parcel and - ..._.._. .199 MIRY. ''C the Ponder Yank PnpMY) Y - 77t WITNESS my had ad officiated. "a Pflf.1.8 M10 A C ' /L „- A eases Yt lens situated 1n the et h of session 3 and to the ND g w heyin tee•e•poiotawnenee the eouenwa peat,[°f.aa a«tine el eeetlon l0,Toxuelllp 30 seven.Bade OS avert o[the fth ram- - 2 Ma.i 11.1110••392.1.feet;theme 6 26•Ir00.w 396,]3 MY ammitpov eaw0a 'S yy e1Dn1 Netltllon.Ultklin County,Co1e[eae,L•11np next LY31Y ' feet;thence 6 19•ll•0V•X 106.tl Get,theme 6 1052.W 6 aett[Lbee ae 011:t r et of land dtYaed in the Northwest Quarter of the 36.91!net G the fierily bounder!lid o[Lot S said 0 11:,. J. AN 3^` Northwest Quarter e!Section 11 and In the MortM1sast t"• • Ovainnln9 C ', 10,thence Part MAI G•t*long la Iwctherly boundary line t° F o •tmint•v9mme Xh•86.... f 8•etl•n 3, the point of lete[e•ctlon with the south S Otar)' a' Quarter of the Northeast Quarter of Section 10,Township hip whip 30 9ou11,. nqe•3 a.e,b•+r.�:pU!13.10•a 1V11,91 aGt11, p0 South,Range BS past of she Sixth kGu1[lPrincipal INe�lan, feet,•iNoir!!!!!!!!!in!!! 00•X/31.91 left a' 9 Gt,e!lone,tierce fG•Y6.11•t t]fO.Y!G•t secs o `.e Stkln C unty,Colorado,rep•par y described !nett along Bald fence line•d thweGxly•Nnelon thereof to AUBL\ 1`J � follows, r as Y!` Thant, N'p0'a Illy[ne Ll 6 - tic+outlw•et•[ly t19M1t a[ aY lsw of stet.IIe9M•Y `2, �'�3 ,A 1 hence 'p0•X]3.06 tnet, tlmnce 303.59 Leet rare leer lo,ry•lei a hwestarl. !pint o[ pay line and the ate of a curve to tin r19ht Mv1ny e x dius of ?o.co Beglnnlnyy• •point ononelinebetween said Sections ,banns 'OD•6]89.91 L•eti'�: 30 t100. h•:.:tie Quarter e0enee e.2: to Mth acid lha,c. .4..X 39f.1]Lnetl 'stapes ba s 900 33'ID•B 16]2.13 Last; IMnc• .OV•X yp]6.12 tnetl Sl•0.00 G•t,tier elnerd of whichMexeN11.60'3f•X 305.12 fast 4 ..• 4 . '.....:.4t. )'k._. i! • thence 689 58'10'N 6te10feet to the intexaeeti0n with• 3hennc+61 .00•a 16.91! t. 1 es Gap01 ont see Get,tlmt,e 9 31.02'00'M 111.93[seal tln•nee N line parallel with and adjacent to Mlllow CreekIlia W[L11 lil S••lei 6•e! l9t St•99'Og•w]i9.90 Gee,timt,e N 9!•39'09•i l9].Y]teat,thec• Ditcht n•�ne X '96 G•!m• 1 • �� p Il•59.Op•N)./1102 to teegsG[ofhe91nn4'9 centaln,ln{L1arse ::::tin Nortbuly line l ' thane.alea9 the lellovin9 ce dlstennes L !tl Wna tine Bvut11ez1Y line e!Wp 3,neltl 9eeelon 10. par+bGl with one aa1•e.ni t lilt,ex.•R Dicennt°tinsx •Y o[ •laWt 2, -N 31 61.0]'S 49.t9 Ntt lhm1w 16.99 Get skim the Westerly 11ne of sold Wt 21 /'•' N/l°00'10"N/9 01 t aft / S tend N 2V•10.00•6 1]0.V1 Get, / M 11°53'0]•M 81 02 feet; here•N/1•]3.0V'8 9V1.5]Ee•kt N 11°12.11•a]3 99 feet; sleet¢•N 10•]1.1]•a 116.93 tent pare of less Co a Valet on tin• 111 u Inast•t1y tight-oE-way lino of the.0ulaerellk west M 39°5!'86•N 111 00 feet; ° N 51v16'02"N 47.01 feet; d :::!;1"1::::Vo:Va B0V5.2Vetwowoelees°loop•aidN yl 06'02"M 2]2[ et; the Sntezneetlom wife -o.{ the °ut1asterlyy 11 L•akfet lease, t1LmWpoint ,tee svulLwe Nrl thenee N 46605'41"M 537 S! longs 1A lease line! -olrylie E SGG 111 hwoy No.OitY 1, '.fr;,e V y c yppL-uf-ao llw 168.S1feetthence d parting tree id lease line 9 3)65.00•S - ••ei Irl Iowa i II e]31.52Evattoth !pc•rae0tlonwit.neCeM,nosthetly :uttM Im washbeets,� );JV;Tn� if 0.:][.a Co it�p TIEHACK live of•proposed forty foot wide s paint of beginning,containing 41.662 acre•Nvx•o thence S,20s30e16•S 40.00 feet to the intersection with ' x lees. and RESIDENCE • the southerly line of slid acorn stewed thence S]Og51'16"N 319.91 Inez] 7:010 � ' irli 1470 TIEHACK '''1::!'1?:: e o.N tsgsr9o•i 2v.x6 seer, thence.SS Sl'00• 16,10 feet: An heOi lnq tract Ot lend tltwletl!n t11e 68 3 gq t of 6ection { thane.8a 09.58.10"N 161.21 faett ],tLe eN n 6N t OI 6eetivn 2•,dt.NN t w b et 6eeelon a.Id RD.ASPEN CO Y Ss'SO^N tt{.22!e<!co the peat a the Nab Nat f 6eetl!n 10 011 1st 5bwshlp 10 eoYG,Ran 85 • ^' ?t beginnln9t ! bold of the 6tb 1r11m1yy 1 he[ltllen,P1Lkbl Ceney,ColouN, 81 PE containing 6611 .860 scree,more or less. („� mm�!ally described a fellowsn i' ' �' : I , �)1 y'' ° ry , ',4141� $ 00 3/ia2o2z2 4 b ' • HOA 2/25/2022 - a ' - - PERMIT 2/1/2023 »' / • ) , w • • c • FULL LAND 938 C 938 938 938 USE APPROVAL SCALE:11.33 J SCALE:11.33 SCALE 11.33 RECEIVED LUAa14 02/02/2023 ASPEN BUILDING DEPARTMENT RED 1001 Grand Ave Suite 103 Glenwood Springs CO 81601 O These documents have been specifically prepared for 1470 Tiehack.They are not suitable for use n other projects or in other ;acetone without the approval and participation of the architect. Reproduction prohibited without approval of architect. JZ J, •' -... -. ,a. 4 , ,.+ben FG4'X a-YVJ'.,.. ,,... 2 theh3 • r .c��ai a�l..,•iQ._:.sMYc'e 9 sons; .,. aa,p..:... •'...MI 11/15/93 Dar 54 Roc e95.OP bK'f,3Q q5e `j'hr'^ • p363262 11/13/93 OBn 54 Rec e93.00 NK 730 PB PJL k363262 pp ' ,hula Davis, Pitkin Cety Clerk, Doc e.00 k363262 11/15/93 0E454 Rec $95.00 Br 730 PG 953 Silvia Davis, Pitkin Cnty Clerk, Doc 4.00 `or:/).1.. �` Silvia Davis, Pitkin Cnty Clerk, Doc •,00 EXHIBIT R EXHIBIT B EXHIBIT C (Slums Common Properly and CONTINUED '7 '*• Wary Properly) I r"y the Powder Panda Properly) I Lot 49,Maroon Creek Subdivision according to the Plat thereof recorded ,1993, 1 - ,. itt Book_at Page_of the records of the Clerk and Recorder of Pitkin,County,Colorado. I Oeyirwing at a point whence the Southwest corner of said Section --.. 2 bears S 11.11'30- ¢ 392.10 feet; thence 5 26.31.00• W 396.73 All that certain messuege and Lreat o! lend, Situate is the County o! powder Panda Preneet feet; thence 5 19.13'00'x 1U76.13 [eat; thence 6 19.51•00' ¢ 6 P1Ykin, scats of Colorado, abd being described in accordance with a , i` Y ,, ,x 76.91 feet to the northerly boundary line of Lot• said Section y1. , plan and survey thereof made by Gerard H. Penman, Colorado Reg. Prof. ga.,.'l. 1U; thence East 145.49 feet along said northerly boundary line tv Engr. and Lend Surveyor, Aspen, Colorado, June 6, 1972 as follows to /q;,� rr^ I Parcel In " the point of intersection with the southwesterly extension of on }` wit: `, existing fence line; thence N 46•06.31' B 1760.05 Lent more or Beginning ate point being S 18'37' W 726.03 feet from the corner "•v., A tract of lend situated in the SS 4 of Section 3 and in tie NB 4 less along sold fence line end sodt westerly extension thereof to �^ common to Sections 2, 3, 10 6 11 on G.L.O. Plat of Township 10 South, I7 of Section 10, Tawnehlp 10 South, Range 05 West of tin 6th Prim- ''4, the southwesterly right of way line of State llighway❑o. 02; Range 85 West of the 6th Y.M. by Thomas Withers (a red sandstone rock {g deed Meridian, lowkin county, Colorado, being wore fulls - thence 505.50 feet more or less along said southwesterly right of 1, found in place); 111 described as follows: (' way line and the err of a curve to the right having o radius of y thence N e1'02' B 60.59 feet to a point being 6 feet from the yti centerline of Willow Creek Ditch; Beginning at a point whence the SS corns[of SeOtlon 3, I,, I thence N 36'20' B 91.0 feet along a line approx. 6 feat from the 1 Township 10 South, Range OS west, bear*6 OVl.1S•16• a 1049.S4 r more.or fast, the chord of which boors N 4feet; t N .11505 taut l centerline of Willow Creak Ditch; 6 feet; mace or .caul thence S 37.he.00' w 5•50.0 feet; thence N ), thence S 33'10' B 74.0 feet along a line approx. 6 feet from the r Thence 5 47426'00' W 423.94 feet; 22•uy'uv• N n0.ao reel thence N us•so 00• a 157.07 feet; thence centerline of Willow Creek Ditch; �} Thence 5 42.34'110' B 47.70 foal; N 41'59.00. W 3.44 feet to the point of begl2ming,contalnina line pp eat from the ", 6 feet from h Thence S 47•26•VU"W 71.06 feet; 30.799-ae •s mar• x lees :,•): ' thence 5 1 47 0 feet along line ea the S 4' 5' 8 t o n e approx. 6 f � _r r,•,„_�_,�_._.J'.''..r•.. centerline of Willow Creek Ditch; '!'hence S 2041 31'00• H 306.73 feet; 'e... thence S 30'00' B 124.0 feet along a approx Thence S 26.31'VU'x 396.73 FLest; k, ., centerline of Willow Creek Ditch; Thence 8 19.13'VU'W 1074.42 tr thence S 44'10' W 74.0 feet along a line approx. 6 feet from the Thence 8 19•52'ot' E 36.91 feet swore or less to a point on the l'd'�y, centerline of Willow Creek Ditch; North it...of Lot 5 said oreor Section ee thence S 17'50' B 81.0 feet along a line'approx. 6 feet from the �' Thence West 959.96 feet moke'o[ lees along the Northerly line '` centerline of Willow Creek Ditch; / F'. of said Lot 5 and the Southerly line of Lot 2, sold Sectfou 1U .r., )/ thence S 47'05' E 49.0 feet along a line approx. 6 feet from the I to the SW corner of said Lot 2; �, centerline of Willow Creek Ditch). Thence North 0'0'OD felt 04 e the Westerly line of said Lot 2; ':j thence S:1127 50' N 58.88 feet along a line approx. 6 teat from the Thence N 20.10'OU' B 170.53 feet; centerline of Willow Creek Ditch to the South line of Lot 1, Section 1 Thence N 44.32.Ot1• E.9U9.116.92 feet; ' , 'Soothe N S4outheasterly right-of-way k f-way2 lifene t•ofthmore ox loss to a polar on the 1 10; thence N 90'00' W 203.87 feet along the.South line of Lot; Soetlwosterly r19ht-uf-way lino: the Buttermilk West ,t '.zyj thence N 29'53' W 181.77 feet; Heed. Sec thence N 18'45' B 181.70 feet to the point of beginning. 1 • Thence N 99.94'UU' B OUS.20 feet more or Sass along said ° right-of-way line to a point on the Southwesterly COUNTY OF PITRIN, STATE OF COIAIUDO. , t 11 acres line of State Highway No. 02; Then11111141 ce IP n dil '' along said highway right-ol-song line 160.53 feet along the arc of a curve to the left laving a radius of 57110.UU feet the chord of which bvers•S 77.30'47' S 140.52 feet to the `$ • point of beginning, containing 41.662 ac[ more or lees: 7-71 and �l i i Parcel 2; • '` An odlolning tract of land situated in the SE 4 Sc 4 of Section 3, the SW 6 SW 4 of Section 2, the NW 4 NW 4 of Section 11 and .; t the HE 4 NJ 4 of Section 10 all In Townchlp 10 South, Range 05 A West of the 6th Principal Meridian, Pitkin County, Colorado, - t ^,: being Here fully described as Follower Y ` _..... ` 1�' s • a aa�*+ •r h y, ,. r , g a _ If'. • 4 • 4.;� . &.' .1"� , y `el • • 938 ,/2" y z„ SCALEt1 938 938 3 TIEHACK 1 SCALE,' = 1-0' RESIDENCE 0 1/2 1" 2' SCALE:1' 0" 0 1/2" ,�� 2,. ia 1470 TIEHACK RD.ASPEN CO 81611 SD 2/1/2022 DD 3/16/2022 HOA 2/25/2022 PERMIT 2/1/2023 FULL LAND USE APPROVAL RECEIVED LUA.1 5 02/02/2023 ASPEN BUILDING DEPARTMENT RECEPTIONS:673666,R:553.00,D:80.00,0211712021 at 04:29:26 PM,Pgs 1 of 9,Janice K.Vos Caudill,Pitkin County,CO RECEPTIONS:673666,R:$53.00,D:$0.00,02/17/2021 at 04:29:26 PM,Pgs 1 of 9,Janice K.Vos Caudill,Pitkin County,CO RECEPTIONS:573555,02/17/2021 at 04:29:25 PM,Pgs 2 of 9,Janice K.Vos Caudill,PRCO kin County,C RED DEED OF TRUST 1001 Grand Ave Loan No:0076955663 (Continued) Page 2 Suite 103 Glenwood Springs CO 81601 Duly to Maintain.Grantor shall maintain the Property In tenantable condition and promptly perform all repairs,replacements,and maintenance necessary to preserve its value. Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) During the period of Grantor's WHEN RECORDED MAIL TO: WHEN RECORDED MAIL TO: ownrelease of of tHezar Property, ,there ohasbeen no use. generation, about or ram the age.treatment disposal,release or threatened O ANB Bank,a Colorado State Bank Y by any Pe Property;(2)Granter has no knowledge of,or O ANB Bank,a Colorado State Bank mason to believe that there has been,except as previously disclosed to and acknowledged by Lander In writing,(a)any breach Aspen These documents have been Aspen 325E Main Street or violation of any Environmental Laws, (b) any use,generation,manufacture, torage,treatment.disposal,release or specifically prepared for 1470 325 E Main Street Aspen,CO 81611 threatened rel ase of ny Hazardous Subsianed gnce on,under,about anor fro by Y persantl,re a 9 prior owners or occupannd )of Tiehack.They are not suitable for Aspen,CO 81fi11 as re Properly,or disclosed to actual acknowledged y Lender ion or nmwrOng, a)n neither Grantor noratenanto t,contracth matters;or,agent or other Except Use on other projects or in other p y g by , (a) any locations without approval and authorizeder, buser of the Property shag use)any s manufacture,afore,treat dispose of or release any Hazardous Substance on, participation of the architect. under,about or from the Property;and(s, any such activity shall be conducted in compliance with all applicable federal,state, FOR RECORDER'S USE ONLY and local laws,regulations and ordinances,s Includingthou(limitation all Environmental Laws.Grantor authorizes Lender and its Reproductionroval of theibited arch architect. FOR RECORDERS USE ONLY agents to enter upon the Property to make such inspections and teeth,at Grantor's expense,as Lender may deem appropriate to determine compliance of the Property with this section of the Deed of Trust.My inspections or tests made by Lender shot be 2023 DEED OF TRUST for Lenders purposes only and shall not be construed to create any responsibility or ltabildy on the part of Lender to Grantor or to DEED OF TRUST any other person.The representations and warranties contained herein are based on Grantors due diligence in investigating the MAXIMUM PRINCIPAL AMOUNT SECURED.The Lien of this Deed of Trust shall not exceed at any one time§10,773,000.00 except MAXIMUM PRINCIPAL AMOUNT SECURED.The Lien of the Deed of Trust shall not exceed at any one time$10,773,000.00 except Property for Hazardous Substances.Grantor hereby(1)releases and waives any future claims against Lender far indemnity or as stewed under applicable Colorado law. contribution In the event Grantor becomes liable for cleanup or other costs under any such laws;and(2)agrees to indemnify, as allowed under appliceble Colorado law. defend,and hold harmless Lender against any and all claims,losses,liabilities.damages,penalties,and expenses which Lender THIS DEED OF TRUST is dated February 16,2021,among Bowden Homes Equity Fund X LLC,a Colorado THIS DEED OF TRUST is dated February 16,2021,among Bowden Homes Equity Fund X LLC,a Colorado may directly or indirectly sustain on suffer resulting from a breach of this section of the Deed of Trust orss a consequence of any Limited Liability Company,whose address is 531 Moore Drive,Aspen,CO 81611("Grantor')-ANB Bank, Limited Liability Company,whose address is 531 Moore Drive,Aspen,CO 81611("Grantor");ANB Bank, use generation,manufacture,storage,disposal,release or threatened release occurring prior to Grantors ownership or Interest in the Property,whether or not the same was or should ha.been known to Grantor.The provisions of this section of the Deed a Colorado State Bank,whose address is Aspen,325 E.Main Street,Aspen,CO 81611(referred to below a Colorado State Bank,whose address is Aspen,325 E.Main Street,Aspen,CO 81611(referred to below of Trust,including the obligation to indemnity and defend,shall survive the payment of the Indebtedness and the satisfaction and sometimes as"Lender"and sometimes as"Beneficiary");and the Public Trustee of Pitkin County,Colorado sometimes as"Lender"and sometimes as'Beneficiary");and the Public Trustee of Pitkin County,Colorado aeonveyance of the lien of this Deed of Trust and shall not be affected by Lenders acquisition of any interest in the Property, (referred to below as"Trustee"). whether by foreclosure or otherwise. (referred to below as'Trustee"). CONVEYANCE AND GRANT.For valuable consideration,Grantor hereby l by grants•transfers and assigns to Trustee for the CONVEYANCE AND GRANT.For valuable consideration,Grantor hereby irrevocably grants,transfers and assigns to Trustee far the Nuisance,Waste. Grantor shall not cause,conduct or permit any nuisance nor commit permit,or suffer any supping of or benefit of Lender as Beneficiary all of Grantors right,title.and Interest In and to the following described real ay,pr end,together with bend of Lender as Beneficiary all of Grantors right,title.and Interest in and to the fallowing described real property,together with on or to the Property or any portion of the Property. Vverhout limping the generality of the foregoing,Grantor will not all existing or subeeguenry erected or affixed buildings,improvements and fixtures;all easements,rights of way,and appurtenances; all existing or subsequently erected or affixed buildings,Improvements and fixtures;all easements,rights of way,and appurtenances; remove,or glen(to any adorer party the right to remove,any timber,minerals(Including oil and gas),coal clay,soda,sail,gravel all water,water rights and ditch lights(including stoat in utilities with ditch or irrigation rights(;and all other rights,royalties,and all water,water rights and ditch rights(including stock in utilities with ditch or irrigation rights);and all other rights,royalties,and or rock products without Lenders prior written consent_ dheus I and similar matters,(the"Real profits relating to the real property,including wthout limitation all minerals,oil,gas,geothermal and shriller matters,(the'Real Removal or Improvements.Grantor shall not demolish or remove any Improvements from the Real Properly without Lenders profits relating to the real properly,including without limitation all minerals,oil,gas,ge prior written consent.Asa condition to the removal of any Improvements,Lenders Grantor to make arrangements I Property')located in Rifkin County,State of Colorado: Properly")located in Pitkin County,State of Colorado: satisfactoryto Lender to replace such Improvements with Iraqua .re gemems p P Improvements of at least a Ivalue. Lots 1 and 2, Lenders Right toEnter. Leoer and Lender's agents and representatives may enter upon the Real Property at all reasonable MALotROON CREEK 1 and MAROON CREEK CLUB, times to attend to Lenders interests and to inspect the Real Property for purposes of Grantors compliance with the terms ant CLUB, conditions of this Deed of Trust. according to the Final Subdivision Plat and PUD for Maroon Creek Club recorded November 15,1993, Compile.with Governmental RequiremeMa.Grantor shall promptly comply with all laws,ordinances,and according to the Final Subdivision Plat and PUD for Maroon Creek Club recorded November 15,1993, regulations,now or in Plat Book 33 al Page 4,and Amendment recorded March 31,1994,in Plat Book 34 at Page 23 and in Plat Book 33 at Page 4,and Amendment recorded March 31,1994,in Plat Book 34 at Page 23 and the ameriwnffhereafter in eWthf Disabilities Actal Granter may applicable lontest oche use or occupancy of the Property,including without limitation, Amended Plat of Lots 1&2,Maroon Creek Club,recorded in Plat Book 68 at Page 13.County of Amended Plat of Lots 1&2,Maroon Creek Club,recorded in Plat Book 68 at Page 13.County ofgood faith any such law,ordinance,or regulation and withhold Pitkin,State Of Colorado. Pitkin,State of Colorado. �mpliance during any proceeding,including appropriate appeals,so long as Grantor has notified Lender in coming prior to doing and so long as,in Lenders sole opinion,Lenders interests in the Property are not leopardtred.Lender may require Grantor to post adequate security or a surety band,reasonably satisfactory to Lender,to protect Lenders interest. 1. The Real Property or its address is commonly known as 1470 8 TBD Tiehack Road,Aspen,CO 81611. The Real Property or its address is commonly known as 1470&TBD Tiehack Road,Aspen,CO 8st r an Duty to Protect Grantor agrees neither to abandon or Cave unattended the Property.Grantor shall do all other acts,in addition Grantor presently assigns to Lender(also known as Beneficiary in this Deed of Trust)all of Grantors right,tee,and Interest in and to Grantor presently assigns to Lender(also known as all Rents in this Deed of Trust)all of Grantors right,title,and Interest in and to all present and future leases of the Property and all Rents from the Properly. In addition Grantor grants to Lender a Uniform all present and future leases of the Properly and all Rents from the Property. In addition,Grantor grants to Lender a Uniform to those acts set forth above in this cancan,which from the character and use of the Property are reasonably necessary to Commercial Coe security interest in the Personal Property and Rents. Commercial Code security Interest in the Personal Property and Rents. protect and preserve the Properly. MAXIMUM LIEN AMOUNT.In addition to any maxknum principal amount stated above or elsewhere in the Deed of Trust the Lien of MAXIMUM LIEN AMOUNT.In addition to any maximum principal amount slated above or elsewhere in the Deed of Trust,the Lien of DUE ON SALE-CONSENT BY LENDER.Lender may,et Lenders option,declare Immediately due and payable all sums secured by this Deed of Trust secures all other amounts included in the indebtedness, this Deed of Trust upon the sale or transfer,without Lenders prior written consent,of all or any part of the Real Properly,or any this Deed of Trust secures all other amounts included in the Indebtedness. interest in the Real Property.A"sale or transfer'means the conveyance of Real Property or any right title or interest in the Real THIS DEED OF TRUST,INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL THIS DEED OF TRUST,INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PropeM;whether legal,beneficial or equitable;lit eraher voluntary or Involuntary;whether by outright sale,deed Installment sale PROPERTY,IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL PROPERTY,IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL conirect land contract,ontroctfor tleed,leaseold interest with a teon greater than three(3)years,lease-option ont2cr,or by sale, OBLIGATIONS UNDER THE NOTE,THE RELATED DOCUMENTS,AND THIS DEED OF TRUST.THIS DEED OF TRUST IS GIVEN AND OBLIGATIONS UNDER THE NOTE,THE RELATED DOCUMENTS,AND THIS DEED OF TRUST,THIS DEED OF TRUST IS GIVEN AND assignment or transfer of any benefidal Interest In or to arty antl trust holtling title to the Reai Property,or by any Other method of ACCEPTED ON THE FOLLOWING TERMS: ACCEPTED ON THE FOLLOWING TERMS: omeyancc of an interest in Ue Reel Property.If arty Grantor ls a oaponut partnership or Ilmired liability company,Vansfer also Except as otherwise provided In this Deed of Trust,Grantor shag pay to Lender all amounts secured PAYMENT AND PERFORMANCE Except as otherwise provided In this Deed of Trust,Grantor shall pay to Lender all amounts secured includes any reeWcruring of rime legal entity(whether by merger,doe oh or otherwise)or any change in owen nership of mot then PAYMENT AND PERFORMANCE Ptwenty-five percent(25%)of the voting stock,partnership interests or limted liability canpany Interests,as the wee may be,of such bythis Deed of Trust as they become due,and shall strictly and in a timely manner perform all of Grantors obligations under the Grantor.However,this Option shall not be exercised by Lender if such exercise is prohibited by federal law or by Colorado law. by the Deed of Trust as they become due,and shall strictly and in a timely manner perform all of Grantors obligations under Inc Note,this Deed of Trust,and the Related Documents. Note,this Deed of Trust,and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY.Grantor agrees that Grantors possession and use of the Properly shad be POSSESSION AND MAINTENANCE OF THE PROPERTY.Grantor agrees that Grantors possession and use of the Property shall be TAXES AND LIENS.The following provisions relating to the taxes and liens on the Properly are part of this Deed of Trust governed by the following provisions: Payment Grantor shall pay when due(and in all events prior to delinquency)all taxes,special taxes,assessments,changes govemed by the fallowing provisions; (including water and sewer),fines and impositions levied against or on account of the Property,and shall pay when due all claims Possession and Use. Until the ottoman.of an Event of Default,Grantor may(1)remain In possession and control of the for work done on or for services rentleretl or material furnished to the Property.Grantor shall maintain the Property free of all Possession anGsa. Until the aourten.of an Event of Default,Grantor may(1)remain in possession and control of the Properly;(2)use,operate or manage the Property;and(3)collect the Rents from the Property. Property,(2) ,operate or manage the Property;and(3)ohens having priority over or equal to the Interest of Lender under this Deed of Trust except for the lien of taxes and auosmenls heel the Rents from the Property. 673666 673666 2 673666 SCALE 1:143 SCALE:1:1.43 SCALE:1:1.43 RECEPTIONS:673666,02/17/2021 at 04:29:26 PM,Pgs 3 of 9,Janice K.Vas Caudill,Pitkin County,CO RECEPTIONS:673666,02/17/2021 at 04:29:26 PM,Pgs 4 of 9,Janice K.Vos Caudill,Pitkin County,CO RECEPTIONS:673666,02/17/2021 at 04:29:26 PM,Pgs 5 of 9,Janice K.Vos Caudill,Pitkin County,CO DEED OF TRUST DEED OF TRUST DEED OF TRUST Loan No:0076955663 (Continued) Page 3 Loan No:0076955663 (Continued) Page 4 Loan No:0076955663 (Continued) Page 5 not due and except as otherwise provided in this Deed of Trust. become due during ether(1)the term of any applicable Insurance policy;or(2)the remaining term of the Note;or(C)be treated records,Lender may,at any time and without fuller authorization from Grantor,file executed counterparts,copies or Right to Contest Grantor may withhold t of an a balloon payment which will be do and payable at the Notes maturity.The Deed of Trust also will secure payment of these g y wi payment y tax,assessment or Gam In connection with a goo faith tllsphde over reproductions of this Deed of Trust as a financing statement. Grantor shall reimburse Lender for all expenses incurred in the obligation to pay,so long as Lenders interest in the Property's not jopsem is. If a Tien arises or is fled as a result of amounts.Such right shall be In addition to all other rights and remedies to which Lender may be entitled upon the occurrence of any pertnonpayment,Grantor shall within fifteen(15)days after the len arises or,H a lien is filed,within fifteen(15)days after Grantor Event of Default. from the red erty.Upon this security interest Upon lefany Personal shall not remove,sever or detach the Personal Property has notice of the filing,secure the discharge of the lien,or if requested by Lender,deposit with Lender cash or a sufficient from the Property.Upon default Grantor mor shall assemble any it a Personal Property not within affixed to the Properly in a manner and at a WARRANTY;DEFENSE OF TITLE The following provisions relating to ownership of the Property are a pert of this Deed of Trust: place reasonably Le der to the to Grantor and Lender and make it available to Lender wAlhtn three(3)days after receipt of written corporate sure,hood or dash security could s recur in an amount relor sal to rtedischarge the fen my costs and demand from Lender to the extent permitted by applicable law. shall tees,or other charges that could sonde as a result of a foreclosure fo sae under the ten. r any contest,G2ntar Title.Grantor warrantsencumbrances that(a)Grantor holds good and he Real tide of record to the Property in Inc simple,free and clear of shall defend itself and Lender and shall eras,any adverse bond f judgment before enforcement against the Property.Grantor Shall all liens and encumbrances n favor than and ce forth In the Real Property iondescriptionth or in e any tale insurance policy,(Poe report, Addresses.The mailing addresses of Grantor(debtor)and Lender required (secured party)from which Information conceding the on the name Lender as an additional obliged antler any surety bond tumished in the contest proceedings. or final idle Opinion Issued In favor of,rip and accepted by,Lender in conepodo with this Deed of Trust,provided,however,red the interest granted by this Deed of Trust may be obtained(each as required by the Uniform Commercial Cade)are as stated an the extent any such Real Property description,title Grantor paltry,tide resod or final tee opinion r defend t any re to the or any first page of this Deed of Trust. assess of Payment Grantor shall upon demand furnish l to Lender satisfactory evidence of payment of ee taxes or document t L referencing"statutory exceptions'',r ator shall lU//...lessright, warrant and forever defend the Idle to[the Property FURTHER ASSURANCES;ATTORNEY4N-FACT.The following provisions relating to further assurances and attorney-in-fact area part dents and shall author.t the appropriate governmental official U deliver to Larder at any time a written statement of the Trust against all such statutory exceptions,and(b)Grantor has the full rigor,power,and authority to execute and delirer this Deed of of this Deed of Trust: totes and assessments against the Property. Trust to Lentler. Notice of Construction.Grantor shall notify Lender at least fifteen(15)days before any work is commenced,any services are Defense of Title. Subject to the exception in the paragraph above,Grantor warrants and will forever defend the title to the Further Assurances.At any time,and horn lime to rime,upon request of Lender,Grantor will make,execute and deliver.or will furnished,or any materials are supplied to the Properly,if any mechanic's lien,maLenialmen's lien,or other lien coultl be asserted Property against the(awful claims of all persons.In the event any action or proceeding Is commenced that questions Ganors use to be made,exewled or delivered,to Lender or to Lenders designee.and when requested by Lender,cause to be filed, on count the work,services,or materials. Grantor will upon request of Lender furnish to Lender advance assurances title or the interest of Trustee or Lender under this Deed of Trust,Grantor shall defend the action at Grantors expanse.Grantor recorded,relied,or rerecorded,as the case may be.at such times and in such offoes and places as Lender may deem to satisfactory to Lender that Grantor can and will pay the cost of such improvements. may be the nominal party in such proceeding,but Lender shall be entitled to participate in the proceeding and to be represented in appropriate,any and all such mortgages,deeds of trust,security deeds,security agreements,financing statements,continuation the proceeding by counsel of Lenders own choke,and Grantor will deliver,or cause to be delivered,to Lender such instruments statements,instruments of further assurance,certificates,and other documents as may,in the sole opinen of Lender,be PROPERTY DAMAGE INSURANCE.The followingshhprovisions relating to ipcloes the Property area part of the Deed of Trust necessary or desirable in order to effectuate,complete,perfect,continue,or preserve(1) Grantors obligations under the Note. as Lender may request from time to time to permit such participation. this Deed of Trust,and the Related Documents,and(2) the lens and security interests sealed by this Deed of Trust as first en Maintenance of Insurance. Grantor shall procure and maintain Pericles of fire insurance onw t standard Pr extended overage Compliance With Laws. Grantor warrants that.the Property and Grantors use of the Property complies with all existing and prior liens on the Property,whether now owned or hereafter applied by Grantor.Unless prohibited by law or Lender agrees endorsements on a replacement basis for the full insurable in vwue a standard covering all mortgagee Improvements clause the Real Property in r n amount appliceble laws,ordinances,and regulations of governmental authorities. to the contrary in writing,Grantor shalt reimburse Lender for all costs and expenses incurred In conneden with the matters sufficient to sand a aintai comprehensive of ary coin a gene al lse,and ur a e indard mortgageeamou to favor n Lender.Grantor shall - referred to in the paragraph. also procure and r maintain coned as additional nal ins liability such hobs to such cove010 5.amounts as Lender Grantor may request with Survival of Representations and and dntles.All representations,whaamtes,and agnomens made by Grantor in this Deed of Trustee and Lender Ding manned as ed limited t d insureds in sued liability(durance dodder.su Additionally,as,Grantor shall asonUin Trust shall survive ti the execution and deliverytwin of this Deed of Trust shall be continuing in nature,and shall remain in full for.and Attorney-in'P cc If Grantor falls to de anypen e.the things referred a to the preceding paragraph,Lender may do se for Grantors to the such ether insurance,esshe including but not Irmit hazard,co business nd base re,and boyar celyablet as Lendermay reasonably effect until such time as Grantors Indebtedness shall be paid in full. ante of Grantor and at Grantors expense. For such purposes,Grantor hereby irrevocably appoints Lamer be Grantors T I E H AC K company or companies ante bere written in form,amounts,overaant and reasonably Lty acceptable to,Lender and issued by a attorney-in-fact for the Purpose of making,executing,delivering,Bring,recording,and doing all other things as may be necessary ore the or ompan ce reasonably acceptable pan requestwill daiher to Lender from time to CONDEMNATION.The following provisions relating to condemnation proceedings are a part of this Deed of Trust or desirable,in Lenders sole o accomplish the matters referred to in the preceding paragraph. ab la to Lender.Grantor,u of Lender, opinion,to accom time the polities or certificates wfrstes of insurance in foam satisfactory to tender,including Each stipulations policy overegee will not be promptly take If any proceeding U necessary condemnation of filed,t Grantor shall promptly nobly Lends!In may bet and Grantor shall FULL PERFORMANCE Upon the full performer.of all the obligations under the thole and this Deed of Trust.Trustee may,upon RESIDENCE noise eor ndorsement without at ralead favor(30)days piton whiten paired to Lender.Each insurance cum podcy also shalt fGrantor include an promptly Lakd such steps en Lender may be necessary participate ibe action and ding n dht award.Grattdr n th be ice omird party el production of documents and fees as required under applicable law,Meese this Deed of Trust,and such Mease shall onstitute a f,saresemenl g Thai overage in favor of lender rent not be impaked In any way by any act,omission a tlefout of G2ntar of It proceeding,but Lender shall be sliver redus in d the ed Lend and to be represented to the proceeding by counsel release of the ten for all such additional sums and expenditures made pursuant to this Deed of Trust Lender agrees to cooperate or any mbar person.Should the Real ha Properly abe rea,G tl In an area designated by theAdministrator e.up o ins of the Federal Emergency of Its own Lchoice,and.Grantor will deliver pr or rouse top be pativered to Lender such instruments and documentation as may be with Grantor in obtaining such release and releasing the other collateral securing the Indebtedness.My release lees required by law 1470 T I E H AC K Management Agency lasa a of the flood hazard area,Grantor agrees pe obtain and the loan flood insurance,maxi N limits far the requested by Lender from time to time to permit such participation. shall be paid by Grantor,B permitted by applicable law full unpaidhis pnndallbalanceurLhc loan Prandsoy prior lensse the propbrtyendur,ache a upnoLhe maximum policyr Timerssof Application of Nat Proceeds.If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding RD.ASPEN CO under the National Flood Insurance Program,or as otoawio required by Lender,and ae maintain such insurance for the term of EVENTS OF DEFAULT.Each of the following.at Lenders option,shall constitute an Event of Default under this Deed of Trust the loan.Flood insurance may be purchased under the National Flood Insurance Program,from to insurers providing ate or purchase in lieu of condemnation,Lender may at its election require that all or any portion of the net proceeds of the award be81611 y pu hog private pro rig'private applied to the Indebtedness or the repair or restoration of the Property.The net proceeds of the award shall mean the award Payment Default Grantor fails to make any payment when due under the Indebtedness. flood insurance"as defined by applicable federal flood insurance statutes and regulations,or from another flood insurance alter payment of all reasonable costs,expenses,and attorneys'fees incurred by Trustee or lender In connection with the provider Ual's both acceptable to Lender to its sole discretion and permitted by applicable federal flood insurance statutes and Other Datauts.Grantor fails to comply with or to perform any other tens,obligation.covenant or condition contained in this regulations. condemnation. Deed of Trust or Ie any of the Related Documents ar to comply with or to perform any term,obligation,covenant or condition Application of Proceed.Grantor shall promptly notify Lender of any loss or damage to the Property.Lender may make proof of IMPOSITION OF s.toes FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to contained in any other agreement between Lender and G2mor. I I loss if Grantor fails to do so within fifteen(15)days of the casualty.Whether or not Lenders security is impaired Lender may, governmental taxes,fees and chages are a part of this Deed of Trust. Compliance Default Failure to comply with any other term,obligation.covenant or condone contained in this Deed of Trust,the SD 2/1/2022 at Lenders election,receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Current Taxes,Fees and Charges.Upon request by Lender,Grantor shall execute such documents in addition to this Deed of Note Of in any of the Related Documents. DD 3/16/2022 Indebtedness,payment of any den affecting the Property,or the restoration and repair of the Properly.If Lender elects to apply Trust and take whatever other action is requested by Lender to perfect and continue Lenders lien on the Real Property.Grantor Default on Other Pryetanta.Failure of Grantor within the time required by the Deed of Trust to make any payment for taxes or HOA 2/25/2022 the proceeds to restoration and repair,Grantor shall repair or replace the damaged or destroyed Improvements in a manner shall reimburse Lender for all Lazes,es described below,together with all expenses twined in receding,perfecting or continuing Def then r necessa 1 n the 1 1 Sect the f PERMIT /25/2022 satisfactory to Lender.Lender shall,upon satisfactory proof of such expenditure,pay a reimburse Grantor from the proceeds for this Deed of Trust,Including without liMtation all taxes,fees,documentary stamps,and other charges for recording or registering insurance,or any re payment ry o prevent g o or o e rye o any lien. 3 the reasonable cost of repair or restoration if Grantor is not in default under this Deed of Trust.Any proceeds which have not this Deed of Trust. Default in Favor of Thind Parties.Should Grantor default under any loan,extension of credit security agreement purchase or been disbursed within 180 days after thou receept and which Lender has not committed to the repair or restoration of the sales agreement,or any other agreement in favor of any other creditor or person that may materially affect any of Grantors Pm had be used first to t owingto Lender under this Deed of Trust,then to accrued interest and the Taxes.The following shall constitute taxes to which this section apples:(1)a specific tax upon this type of Deed of Trust or Grantors abate to repay the Indeblednees or Grantors ability to Grantors obligations under this Deed of Property s pay any amount pay proceeds upon all or any part of the Indebtedness secured by this Deed of Trust; (2) a specific tax on Grantor which Grantor is property or abilitytyperform g oft Ind bt any,shag be applied s the principal balance of the rantors interests is may a peas any after payment in full Trust or any of the Related Documents. of the Indoretlness,curl,proceeds shall be paid to Grantor as Grantors may appear. authorized d required to deduct form payments a the Indebtedness secured by this type of Dad of Trust a tax on this ,de to ne.of Trust chargeableantso against the Lender or the holder of the Note;and(4)a specific fax on all or any portion of the Fade thisStatements.Any womanly. Documents or statement made a inay furnished to Lender by Grantor en on tthetime Grantors behalf Grantors Repot an g pcscy Upon nce request of Lender,however not more u than once year,risk insurer shall furnish to Lender a Indebtedcess or on payments of principal and interest made by Grantor. under this Deed ec Trust or the Related Dowmenb IS false or misleading in any material respell,ether now or at the rime made report on eacha rooper policy ed insurance t the replacement valu of the ihsprop;(y)Lhe risks in ram 0 (e)the g at of tle; Subsequent Taxes.If any tax to which this section applies is enacted subsequent to the date of this Deed of Trust,th's even) en famished or becomes iota or mialeedirg ar any time Lherea%er. polity;(4)Lhe propo ensured,the obey current ratrsvalue of ues such property,and the manna of determining iser satisfactory that value; shall have the same effect as an Event of Default and Lender may exerdse any or all of Its available remedies for an Event of Defective Collateral Wtion.This Deed of Trust or any of the Related Documents ceases to be in full force and effect(including and(5)theexpirationminec cash v lu the policy.Grantor shall,upon racy t of Lender,have an independent appraiser tisfaclory to Default as provided below unless Grantor either(1)pays the tax before et becomes delinquent,or(2)contests the tax as failure of any collateral document to create a valid and perfected security interest or ten)at any time and for any reason. Lender determine the cesh value replacement cost of the Property. provided above in the Taxes and Liens section and deposas with Lender cash or a sufficient corporate surety bond or other LENDER'S EXPENDITURES.If any action or proceeding is commenced that would maleriaty affect Lenders interest in the Property or security satisfactory to Lender. Death or Insolvency.The dissolution of Grantors(regardless 0 whether election to continue is made),any member withdraws t Grantor fails to comply with any provision of the Deed of Trust or any Related Documents,including but not limited to Grantors s from the limited liability company,or any other termination of Grantors existence as a going business or the death of any failure to discharge or pay when due any amounts Grantor is required to discharge or pay under this Deed of Trust or any Related SECURITY AGREEMENT;FINANCING STATEMENTS.The following provisions relating to this Deed of Trust as a security agreement member,the insolvency of Grantor,the appointment of a receiver for any part of Grantors property,any assignment for the Documents,Lender on Grantors behat may(but shall not be obligated to)take any action that Lender deems appropriate,tndoUg area part of this Deed of Trust benefit of creditors,any type of creditor workout,or the commencement of any proceeding under any bankruptcy or insolvency but not limited to discharging or paying all taxes,dens,security interests,encumbrances and other claims,at any time leveed or placed Security Agreement This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, laws by or against Grantor. on the Property and paying all oasts for Insuring,maintaining and presereng the Property.All such expenditures incurred or paid by and Lender shall have all of the rights of a secured party under the Uniform Commecel Code es amended from time to time. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings.whether by judicial proceeding, FULL LAND Lender for such purposes will then bear interest at he rate charged under the Note from the date incurred or paid by Lender to e Security Interest Upon request by Lender,Grantor shall take whatever action is requested by Lender to perfect and continue self-help,reposusskn or any other method.by any creditor of Grantor or by any gavemmenal agency against any property USE APPROVAL dale of repayment by Grantor.All such er¢erea will become a pan of the Indebtedness and at Lenders option.will(Al be payable Lender's security interest in the Rents and Personal Property. In addition to recording this Deed of Trust In the real property securing the Indebtedness.This includes a garnishment of any of Grantors accounts.including deposit accounts,with Lander. on demand(B)be added to the balance of the Note and be apportioned among and be payable with any installment payments to However.this Event of Default shall not apply if there e a good faith dispute by Grantor as to the validity or reasonableness of RECEIVED 673666 ^ 673666 5 673666 /" LUA.16 02/02/2023 SCALE:1:1.43 4 SCALE:1:1.43 SCALE:1:1.43 IT) ASPEN BUILDING DEPARTMENT RECEPTIONS:673666,02/17/2021 at 04:29:26 PM,Pgs 6 of 9,Janice K.Vos Caudill,Pitkin County,CO RECEPTIONS:673666,02/1712021 at 04:29:26 PM,Pgs 7 of 9,Janice K.Vos Caudill,Pitkin County,CO RECEPTION#:673666,02/17/2021 at 04:29:26 PM,Pgs 8 of 9,Janice K.Vos Caudill,Pitkin County,CO RED 1001 Grand Ave Suite 103 Glenwood Springs CO 81601 DEED OF TRUST DEED OF TRUST DEED OF TRUST Loan No:0076955663 (Continued) Page 6 Loan No:0076955663 (Continued) Page 7 Loan No:0076955663 (Continued) Page 8 I I the claim which is the basis of the creditor or forfeiture proceeding and If Grantor gives Lender written notice of the creditor or Lender shall be entiged to recover such sum as the court may adjudge reasonable as attorneys'fees at trial and upon any appeal. obligations of this Deed of Trust or liability under the Indebtedness. These documents have been forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding.In an amount Whether or not any court action is involved,and to the extent not prohibited by law,all reasonable expenses Lender Incurs that in Time Is of the Essence.Time is of the essence in the performance or this Deed of Trust. specifically prepared for 1470 determined by Lender,in its sole discretion,as being an adequate reserve or bond for the dispute. Lenders opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall became a part of Tiehack.They are not suitable for Breach of Other Agreement.Any breach by Grantor antler the terms of any other agreement between Grantor and Lender that is the Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expendkure until repaid. Waive Jury.All parties to this Deed of Trust hereby waive the right to any Jury trial in any action,proceeding,or counterclaimuse on other projects or in other not remedied within any grace period provided therein,including without limitation any agreement concerning any indebtedness en Expenses covered by this paragraph include,without limitation,however subject to any limits under applicable law,Lenders brought by any party against any other party. locations without the approval and attorneys'fees whether or not there is a lawsuit,including attorneys'fees and expenses for bankruptcy proceedings(including participation of the architect. other obligation a Grantor to Lender,whether existing now or later. efforts to modifyor vacate any automatic stay or it undlon),appeals,and any anticipated post-judgment collection services,the Waiver of Homestead Exemption Grantor hereby releases and waives all rights and benefits of the homestead exemption laws of Reproduction prohibited without Events Affecting Guarantor.Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any cost of searching records,obtaining title reports(including foreclosure reports),surveyors'reports,and appraisal fees,title the Stale of Colorado as to all Indebtedness secured by this Deed of Trust. approval of the architect. Guarantor dies or becomes incompetent,or revokes or disputes the validity of,or liability under,any Guaranty of the insurance,and fees for the Trustee,to the extent permitted by applicable law.Grantor also will pay any court costs,in addition DEFINRIONS.The following capitalized words and terms shall have the following meanings when used in this Deed of Trust.Unless Indebtedness. to all other sums provided by law. specifically stated to the contrary,all references to dollar amounts shall mean amounts in lawful money of the United Stales of 2023 Adverse Change.A material adverse change occurs in Grantor's financial condition,or Lender believes the prospect of payment Rites of Tastes.To the extent America.Words and terms used in the singular shall include the plural,and the plural shall include the singular,as the context may 9 9P P P Y g permitted by applicable law,Trustee shall have all of the rights and duties of Lender as set forth require.Words and terns not othewise dented in this Deed of Trust shall have the meanings attributed to such terms in the Uniform I I or performance of the Indebtedness is impaired. in this section. Commercial Cede: Insecurity.Lender in good faith believes itself insecure. NOTICES.Any notice required to be given under this Deed of Trust,including without limitation any notice of default and any notice of sale shall be men In writing,and shall be effective when actual) delivered,when actuallyreceived telefacsimile Beneficiary.The word"Beneficiary'means ANB Bank,a Colorado State Bank,and its successors and assigns. RIGHTS AND REMEDIES one DEFAULT. If an Event of Default occurs under this Deed of Trust,at any time Hereafter,Trustee or g Y by (Unless Lender may exercise any or more 0 the following rights and remedies: otherwise required by law),when deposited with a llonally recognizedrayd,di overnight courier,or,If mailed,when r the beginning in the United Borrower.The word leers sit"Borrower"means Bowden Hanes Equity Fad%LLC,a Colorado Limited Liability Company and includes all States mail,as first class,certified or registered mail postage prepaid,directed to the addresses shown near the beginning of this co-signers and co-makers signing the Note and all their successors and assigns. Election of Remedies.Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy,and an election to Deed of Trust.All copies of notices of foreclosure from the holder of any lien which has priority over this Deed of Trust shall be sent Deed of Trust The words"Deed of Trust"mean this Deed of Trust among Grantor,Lender,and Trustee,and includes without make expenditures or to take action to perform an obligation of Grantor under this Deed of Trust,after Grantors failure to to Lenders address,as shown near the beginning of this Deed of Trust. Any party may change its address for notices under this limitation all assignment and security interest provisions relating to the Personal Properly and Rents. perform,shall not affect Lenders right to declare a default and exercise its remedies. Deed of Trust by giving formal written notice to the other parties,specifying that the purpose of the notice Is to change the parry's Accelerate Indebtedness.Lender shall have the right at its option without notice to Grantor to declare the entire Indebtedness address. For notice purposes,Grantor agrees to keep Lender Informed at all limes of Grantor's current address. Unless otherwise Environmental Laws. The words"Environmental Laws"mean any and all state,federal and local statutes,regulations and Immediately due and payable,Including any prepayment penalty which Grantor would be required to pay. provided or required by law,if there is more than one Grantor,any notice given by Lender to any Grantor is deemed to be notice given ordinances relating to the protection of human health or the environment,including without limitation the Comprehenslee to all Grantors. Environmental Response.Compensation,and Liability Act of 1980,as amended.42 U.S.C.Section 9601.et seq.("CERCLA"), Foreclosure.Lender shall have the right to cause all or any part of the Real Property,and Personal Property,if Lender decides to MISCELLANEOUS PROVISIONS.The following miscellaneous provisions are a pert of this Deed of Trust: the Superfund Amendments and Reauthorization Act of 1986.Pub.L.No.99-499("SARA").the Hazardous Materials proceed against it as if it were real property,to be sold by the Trustee according to the laws of the State of Colorado as respects Transportation Act,49 U.S.C.Section 1801,et seq.,the Resource Conservation and Recovery Act,42 U.S.C.Section 6901,et foreclosures against real propery. The Trustee shall give notice In accordance with the laws of Colorado. The Trustee shall Amendments.This Deed of Trust,together with any Related Documents,constitutes the entire understanding and agreement of seq.,or other applicable state or federal laws,rules,or regulations adopted pursuant thereto. I I apply the proceeds of the sale In the following order: (a)to all costs and expenses of the sale,including but not limited to the padres as to the matters set forth In this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be Even of Default The words"Event of Default"mean any of the events of default set forth in this Deed of Trust in the events of Trustee's fees,attomeys'fees,and the cost of title evidence;(b)to all sums secured by this Deed of Trust;and(c)the excess, effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or default section of this Deed of Trust if any,to the person or persons legally entitled to the excess. amendment. UCC Remedies. With respect to all or any part of the Personal Property.Lender shall have all the rights and remedies of a Annual Reports. If the Property Lsused for purposes other than Grantors residence,Grantor shall furnish to Lender,upon Granter.The word"Grantor means Bowden cones Equity Fund%LLC,a Colorado Limited Liability Company. secured party under the Uniform Commercial Code. request,a certified statement of net operating Income received from the Property during Grantor's previous fiscal year in such Guarantor.The word"Guarantor means any guarantor,surety,or accommodation party of any or all of the Indebtedness. Collect Rents.Lender shall have the right,without notice to Grantor to take possession of and manage the Properly and collect form an tlelail as Lender shall require. "Net operating Income"shall mean all cash receipts from the Property less all cash Guaranty.The word"Guaranty"means the guaranty from Guarantor to Lender,including without limitation a guaranty of all or the Rents,Including amounts past due and unpaid,and apply the net proceeds,over and above Lenders costs,against the expenditures made in connection with the operation of the Properly. part of the Note. Indebtedness.In furtherance of this right,Lender may require any tenant or other user of the Property to make payments of rent Caption Headings.Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to Interpret Nazmdous Substances. The words"Hazardous Substances'mean materials that,because of their quantity,concentration or or use fees directly to Lender. If the Rents are collected by Lender,then Grantor irrevocably designates Lender as Grantor's or define the provisions of this Deed of Trust. h attorney-In-act to endorse Instruments received In payment thereof in the name of Grantor and to negotiate the same and tolled physical,chem'mal or infectious chaaded.sto may cause or pose a present or potential hazard to human health or the the proceeds. Payments by tenants or order users to Lender In response to Lenders demand shall satisfy obligations for Merger.There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate In the environment when improperly used.treated,stored,disposed of,generated,manufactured,transported or otherwise handled. which the payments are made,whether or not any proper grounds for the demand existed.Lender may exercise its rights under Property at any time held by or for the benefit of Lender in any capacity,without the written consent of Lentler. The words'Hazardous Substances"are used in their very broadest sense and include without limitation any and all hazardous or this subparagraph either in person,by agent,or through a receiver. Goveming Law.This Deed of Trust will be governed byfederal law applicable to Lender and,to the extent no preempted by toxic substances.materials or waste as defined by or listed under the Environmental Laws.The tern"Ha23rdpuS Substances federal law,the laws of the Slate of Colorado without regard to Its conflicts of law provisions. This Deed of Trust has been also includes,without limitation,petroleum and petroleum by-products or any fraction thereof and asbestos. Appoint Receiver.Lender shall have the right to have a receiver appointed to lake possession of all or any part of the Property, accepted by Lender in the Sate of Colorado. Improvements. The word"Improvements"means all exstng and future improvements,buildings,structures,mobile homes with the power to protect and preserve the Propeds.0y,to operate the Properly preceding foreclosure or sale,and to collect the affixed on the Real Property.facilities.additions.replacements and other construction on the Real Property. Rents from the Property and apply the proceeds,over and above the cost of the receivership,against the Indebtedness. The Choice of Venue.If there Is a lawsuit,Grantor agrees upon Lenders request to submit to the jurisdiction of the courts of Denver receiver may serve without bond if permitted by law. Lenders right to the appointment of a receiver shall exist whether or not County,State of Colorado. Indebtedness.The word"Indebtedness"means all principal,interest,and other amounts,costs and expenses payable under the the apparent value of the Property exceeds the Indebtedness by a substantial amount Employment by Lender shall not dlsquallry Note or Related Documents.together with all renewals of,extensions of,modifications of,consolidations of and substitutions for a person from serving as a receiver.Receiver may be appointed by a court of competent jurisdiction upon ex parte application No Waiver by Lender. Lender shall not he deemed to have waivetl any rights under this Deed of Trust unless such waiver is given In writing and signed by Lender. No delay or omission on the part of Lender in exercising any tight shall operate as a the Note or Related Documents and any amounts expended or order this by Lender to sr'.together Grantors obligations or expenses and without notice,notice being expressly waived. incurred by Trustee or Lender to enforce Grantor's obligations under this Deed of Trust,together with interest an such amounts waiver of such right or any other right.A waiver by Lender of a provision of this Deed of Trust shall not prejudice or constitute a as provided in this Deed of Trust. Tenancy at Sufferance.If Grantor remains in possession of the Properly after the Properly Is sold as provided above or Lender waiver of Lenders right otherwise to demand strict compliance with that provision or any other provision of this Deed of Trust. otherwise becomes entitled to possession of the Property upon default of Grantor,Grantor shall become a tenant at sufferance of No prior waiver by Lender,nor any course of dealing between Lender and Grantor,shall constitute a waiver of any of Lenders Lender.The word"Lender'means ANB Bank,a Colorado State Bank,its successors and assigns. Lender or the purchaser of the Property and shall,at Lenders option,either (1) pay a reasonable renal for the use of the rights or of any of Grantors obligations as to any future transactions.VV henever the consent of Lender Is required under this Note. The word"Note"means the promissory note dated February 16,2021,in the original principal amount of Property,or(2)vacate the Property immediately upon the demand of Lender. Deed of Trust,the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent $10,773,000.00 from Grantor to Lender,together with all renewals of,extensions oI malifications of,refinancings of, Other Remedies.Trustee or Lender shall have any other right or remedy provided in this Deed of Trust or the Note or available at instances where such consent is required and in at roses such consent may be grantee or withheld in the sole discretion of consolidations of,and substitutions for the promissory note or agreement. The maturity dale of the Note is August 16,2022. law or in equity. Lender. NOTICE TO GRANTOR:THE NOTE CONTAINS A VARIABLE INTEREST RATE Sale of the Property. In exercising its rights and remedies,Lender shall be free to designate on or before ft flea a notice of Soverabllity.If a court of competent jurisdiction finds any provision of this Deed of Trust to be Illegal,invalid, unenforceable as Personal Properly.The words"Personal Property'mean all equipment,fixtures,and other articles of personal property now or to any circumstance,that finding shall not make the offending provision illegal,invalid,or unenforceable as to any other electron and demand with the Trustee,that the Trustee sell all or any part of the Property together or separately,in one sale or by hereafter owned by Grantor,and now or hereafter attached or affaef to the Real Property,together with all accessions,parts, circumstance.If feasible,the offending provision shag be considered modified so that it becomes legal,valid and enforceable.If proceeds(inducting separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Upon any sale of the 01ro and additions to,all replacements of,and all substitutions for,any of such property;and together with all the offending provision cannot so modified, t bdified, e considered It shall be deleted from this Deed of Trust.Unless othewise required Property,whether made under a power of sale granted In this Deed of Trust or pursuant to Judicial proceedings,if the holder of without limitation all insurance proceeds and refunds o/premiums)from any sale or other Mspositron of the Property. the eNote rne Is a purchaser at such sale,it shall be entitled to use and apply all,or any portion of the Indebtedness for or In by law,the illegality,Invalidity,or unenarceability a any provision of this Deed of Trust shall not affect the legality,validity or settlement or payment of all,or any portion of,the purchase price of the Property purchased,and,In such case,this Deed of enforceabilityof any other provision of this Deed of TrustProperty.The word"Property"means collectively the Real Property and the Personal Property. Trust,the Note,and any documents evidencing expenditures secured by this Deed of Trust shall be presented to the person Successors and Assigns.Subject to any limitations stated in this Deed of Trust on transfer of Grantors interest this Deed of Real Properly.The words"Real Property"mean the real properly,interests and rights,as fuller described in this Deed of Trust conducting the sale in order that the amount of Indebtedness so used or applied may be credited thereon as having been paid. Trust shall be binding upon and Inure to the benefit of the parties,their successors and assgns. If ownership of the Property Related Documents. The words"Related Documents"mean all promissory notes,credit agreements,loan agreements. Attorneys'Fees;Expenses.If Lender forecloses or Institutes any suit or action to enforce any of the terms of this Deed of Trust, becomes vested in a person other than Grantor,Lender,without notice to Grantor,may deal with Grantors successors with environmental agreements.guaranties,security agreements.mortgages,deeds of cast security deeds,collateral mortgages,and reference to this Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Grantor from the 673666 1 673666 673666 SCALE:1:1.33 2 3 RECEPTION#:673666,02/17/2021 at 04:29:26 PM,Pgs 9 of 9,Janice K.Vos Caudill,PKkin County,CO SCALE:1:1.33 SCALE:1:1.33 DEED OF TRUST Loan No:0076955663 (Continued) Page 9 all other instruments,agreements and documents,whether now or hereafter existing,executed in connection with the Indebtedness. Rents. The word"Rents"means all present and future rents,avenues,income,issues,royalties,profits,and other benefits denied from the Property. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST,AND GRANTOR AGREES TO ITS TERMS. GRANTOR: BOWDEN HOMES EQUITY FUND X LLC,A COLORADO LIMITED LIABIUTY COMPANY TIEHACK B r ri N HOMES EQUITY FUND MANAGER INC.,A COLORADO CORPORATION,Agent of RESIDENCE awed a Equity Fund% C,a •tondo Limited Liability Company 1470 TIEHACK Willi �.--^,IT D.Bowden, .:Equity Fund Manager Inc.,a RD.ASPEN CO .leradeCorporation 81611 • ' L"D LIABIL COMPANY ACKNOWLEDGMENT SD 2/1/2022 DD 3/16/2022 STATE OF ) HOA 2/25/2022 ,7����// )SS PERMIT 2/1/2023 COUNTY OF P.(/1A�-- ) 'T This record was acknowledged before me on e's ,20 .,!/ by Robert D.Bowden,Presider of Bowden Homes Equity Fund Manager Inc.,a Colorado Corporate n,Agent of Bowden Homes Equity Fund%LLC,a Colorado Limited Liability Company. SignaWre of m JULIE SUZANNE MORRAH Notary Public in and for the State of01P.' Notary Public STATE OF COLORADO My commission expires // (15 FULL LAND Notary ID:20114020820 My Commission Expires:January 19.2025 USE APPROVAL LaserPro,Ver.20.4.0.038 Copr.Finasha USA Corporation 1997.2021. All Rights Reserved. -CO L:1CFItLPLlG01.FC TR-3171 673666 PR-8 4 SCALE:1:1.33 RECEIVED LUA.17 02/02/2023 ASPEN BUILDING DEPARTMENT __ s R E D #363258 11/15/93 08:42 Rec $340.00 BK 730 PG 'Cr #363258 11/l3/9:5 08:4^<ftac f.340.00 Bk 730 PG 798 Silvia Davis, Pitki„Cnty Clerk, Doc$.00 %363258 I1/15/93 03:42 kec f340.00 BK T30 PG 799 IRFRRdS�'�,'. 1001 Grand Ave Silvia Davis, Pitkin Cnty Clerk, Doc f.00 Silvia➢avi s, Pitkin Cnty Clerk, Doc f.OU #363258 11/15/93 08;42 Rec 6340.00 BK 730 PG 800 Silvia Davis, Pitkin Cnty Clerk, Dee $.00 Suite 103 Glenwood Springs ;; CO 81601 iATER SERVICE AGREEMENT WHEREAS, the Project, the Company Property, and the Pfister WHEREAS, this water service agreement (the "Agreement") s any ECU limitation per unit or use Co long Ce the total of 550 Properties I and II (of theer'e Properties.) are situated outside designed end intended to comply with the water service extension ECUs as specified hein is not exceeded. The parties agree that the corporate limits of City; and policies as adopted by the City through the passage of Resolution of the 550 ECUs herein provided, the Maroon Creek Club (t/k/a the No. 5 (series of 1993), as amended June 28, 1993 pursuant to Grand Champions Club) presently utilizes 15 ECUe. PEG II hereby THIS WATER SERVICE AGREEMENT ("Agreement") ie entered into WHEREAS, detailed subdivision approval for the Project Resolution No. 49 (Series of 1993). 1993, in Aspen, Code w any tap fee credits that may be available to ec under the this do, day of � Q- Pe Propertyanch development) as (knownan , maroon Creek, by Ranch, and/o Pfister mutual Code with respect to existing structures on the Project Property These document have been Colorado, between hthome ruley�f Aspen, Colorado, a municipal Rand/Golf) has been granted, as amended, the Board of County Now, THEREFORE, in consideration of the premises, that are to be demolished. Specifically arena for1470 corporation and home city (hereafter"City"), and Pearce commissioners for Pitkin County, a copy of which is attached and t promises, end covenants contained herein, the parties agree as Tiehack.They are not suflable(or Equities Group II Limited Liability Company, a Utah limited incorporated herein as Addendum•D" (the "Project.); and follows: 3. Water Service to Pfister Property II. The City hereby use on other projects or in other liability company (hereafter"PEG II"), and Arthur O. Pfister, S �' agrees with Pfister to provide potable water service to the locations without iheapprhit and Elizabeth H. Pfister and the SEP Residence Trust and the COP WHEREAS, water service for PEinter'a Properties, the Company :�, PURPOSE OF AGREEMENT p panicipatlon of the architect. Pfister Property II under the terms of homes Agreement to 0 square u Reprotluction prohibrohi without Residence Trust, Colorado Trusts (together hereafter"Pfister"), Property, the Project, and the Project Property will require ore > to a total of five (5) single family of up to 15,000 square and the Aspen Skiing Company (hereafter"Company"). 1 has previously required the installation of certain water mein 5 1. Replacement of Prior Aeraemenie• This Agreement supar- and related facilities as otherwise described in the Agreement; agreements feet each and five (5) employee units to be located at the Wast approve otear itect. W I T N E S S E T H and dated1 Jul) 9,e1990,tnamongLthesCity, and raw water Buttermilk site, and two (2) single family homes toof up to I5,000 YMCDC, and Pfister; (2) and square feet and two (2) employee units to be located at the 2023 WHEREAS, PEG II owns, leases or holds an option to own or wHEReas, the Munici 1 Code of CM Cit• of Aspen, Colorado Paragraphs 9, 12, 13, 14 and 15 of the Amended Agreement between Tieback (also known as the.out parcel.) site, with a total ECU '.. pa / Arthur O. Pfister and Elizabeth H. Pfister and the City of Aspen, limit of 57; provided, however, that the total volume of treated I I lease certain real property comprising approximately 369 acres (hereinafter"Code") requires that the extension of water service recorded with the Pitkin County Recorder on February 3, 1984, at situated in Pitkin County (and more specifically described onoutside of the boundaries of the City shall be made pursuant to a Bcok 460, page 373-83 (Reception No. 257066) (the"Amended water provided to the Pfister Property II shell not exceed 12 Addendum"A^ attached hereto and fully incorporated herein) upon written agreement with the City, that the City shall not be (3) and the entire Agreement between Arthur O. acre-feet/year. Pfister may allocate the 57 ECUs among the 14 which it seeks to construct a residential development and golf obit ated to extend such service and ma rovide each service Agreement"); y p residential units as described above at his discretion. However, course project generally consisting of forty-three (43) single- g y D Pfister and Elisabeth H. Pfister and the Cit of Aspen datedthe free-market homes thirty-seven (37) free-market town- only upon a determination that it is in the best interests of the August 8, 1982, and recorded with the Pitkin County Recorder at etracturee demolished, ed the stroekree that of said 57 spercel t on the Tiect, 8 are presently icg� family ireCity, and that the City may impose such requirements by agreement Book 431, pages 617-626; (4) and that certain Water Main Exton- g s structures built on the Tiehack homes, forty (40) affordable residential housing units (39 multi- s the City determines are necessary to protect the best inter- lion and Service Agreement dated September 30, 1965, between the parcel are demolished, new family rental units and 1 single-family sale unit), and expand eats of the City; and City and Owl Creek Development Corporation, a predeeesaoz in parcel will be assessed tap fees based on Lhoee fees in effect at the existing Maroon Creek Club, f/k/a the Grand Champions Club, Interest to PEC II, to the extent the provisions of such agree- the time of construction, less the 1983 tap tee attributable to including the construction of en 18-hole championship golf course WHEREAS, khe City has determined that this Agreement and all rent have not been fully performed or are inconsistent or con- the original 6 ECUs. Should the now structures require or with supporting facilities (the. ^Project Property"); and covenants herein are necessary to comply with the Code end the flict with the terms of this Agreement. Notwithstanding the utilize more than 8 ECUs, the ECUs in excess of e will et be tleduet- water policies of the City of Aspen and the City ie not entering above, nothing herein shall be construed to vacate any easements ed from the remaining 49 ECUs herein provided to Pfister. WHEREAS, PEG II holds an option to purchase a certain this Agreement as a public utility nor holding Itself out to the as provided City antler the terms of the agreements as identified The provision of water service to the Pfister Property II is portion of the Project Property from Arthur 0. and Elisabeth H. public in general as capable of or intending to provide water in this paragraph, except as specifically provided for in this P Pfister, more particularly described in Addendum"B• attached service extraterritorial ly; and Agreement. contingent romp Pfister untyno obtained all land use/development hereto and fully incorporated herein (the"Pfister Property I"), IIapprovals from Pitkin County or h other governmental entity which will be conveyed to PEG II should PEG II exercise its 1 WHEREAS, the Code provides for the rating of new or expanded 2. Wafer Service to Protect and Protect Property. The • with jurisdiction over said property. option to purchase same; and water service based on potential water demand as expressed In City hereby agrees with PEG II to provide potable water service equivalent capacity units (hereafter"ECU"); and to the Project and the Project Property, inclusive of Pfister 4. limitation of Time to Provide Service. The site's WHEREAS, PEG II and Pfister seek to obtain municipal water Property I, under the terns oL this Agreement in Hoch quantities obligations to provide water service to the improvements located services from the City for the development of the Project Proper- WHEREAS, the City desires to enc urage the use of raw water and to the extent herein provided so as to serve the structures within the Project, the Project Property, the Company Property, ty, inclusive of the Pfister Property I; and supplies for the purpose of lawn and other outside irrigation so and uses as authorized by Pitkin County under the approvals as and Pfieter's Properties pursuant to the terms of this Agreement as to reduce the dependence on treated water for this purpose and granted in PEG II's detailed final plat submission for the shall terminate if PEG II has not completed construction of the WHEREAS, Pfister also own other property in the vicinity of to minimize the costs of providing treated water service to the Project (see Addendum"0•). Subject to the terms of paragraph 17 water transmission and distribution mains, internal distribution the Project Property Co more particularly described in Addendum Project and the Project Property and Pfister's Properties; and below, the City shall provide potable water service to the lines, and related facilities to serve the Project by December ^C"attached hereto and fully incorporated herein for which Project and the Project Property not to exceed 550 ECUs (^equiva- 31, 1997, unless completion of construction is delayed by force potable water service is desired from the City (the"Pfister WHEREAS, the City, PEG II and Pfister wish to enter into ma sure as defined in paragraph 37 below, in which case the lent capacity units") under this Agreement; provided, however, deadline shall be extended beyond December 31, 1997, by the sane Property II"•; and this water serviceagreement which shall supersede the defunct that the maximum volume of treated water the City shall be i water service agreements dated July 9, 1990 entered into between required to provide to the Project and the Project Property under number of days as the force najeure delay that prevented comple- WHEREAS, the Company will own Lot 49 within the Project the City, the Maroon Creek Development Corporation ("MCDC") and this paragraph ra h shall not exceed 185 acre-feet/year. Subject to tion of construction. Property for which potable water service is desired from City Pfister, as well as other agreements between and among the the terms of paragraph 17 below, the structures and uses as ap- (the^Company Property"); and parties as more particularly described in paragraph 1 below; and proved for the Project and Project Property may be served without 2 3 4 1 . 7 2 ALE,' _ ,'-D 3 B730-P797 730-P797 - L+ B SCALE 1' - 1-0" 0 12" ,' 2" 0 V2" t 1' SCALE:1' l'-0" 0 12" 1" 2' SCALE:1' = I-0" 0 V2" V #363258 11/15/93 08:42 kec S340.O0 OK 730 PG DOS Silvia Davis, Pitkin Cnty Clerk, Doc 4.00 S #363258 11/15/93 08142 kec $340.00 BKf730 PG 802 b3b0?aB DavisS/93 08:42 Rec f340.O�Bkf73D PG 8D3 Silvia Davis, Pitkin Cnty Clerk, Pitkin Cnty Clerk, VU %363258 11/15/9's B 42 kec S34 0)BE 730 PG 804 3 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 ( r CONSTRUCTION BY PEG II 3 Exhibit D. Estimated gross water requirement (gpd) and tion mains, lines and associated facilities in accordance with Property,water flow requirement for the Project for in-building the place and specifications ications and the construotion schedule. per y, the Company expense; or Pfister's Properties, respec- eq timely, at their la xpense; provided that the City hall 5. Mains, Lines and Facilities. PEG II and/or Pfister d use at full development, and estimated potable water 4 will design and construct the water transmission and distribution irrigation requirements, including number of acres (notapprove all relocations in advance in writing inorder to assure mains, associated facilities and internal distribution lines for includin the got£course) to be irrigated with potable 9. pass. PEG IIp and/or Pfister shall be responsible to that the relocated water mains, lines and/or app water facili- the Project, the Company9 timely pay all fees i posed by rtheoe city in connection with ties will operate properly as part of the City's ter system; j Property, and Pfister's Properties, in water; reviewing and approving this Agreement, the design drawings and and further provided that the design, materials and City prior accordance with and subject to the City's design, material and construction plans, as well as construction inspection and review construction specifications and approval, and at PEG II'e and/or Exhibit E. Fireflow provisions, including location, fees, which fees shall be charged to PEG II on the same basis as n of such relocated Facilities shall be approved by the City prior Pfister•c own expense; / p 'I ie to commencement of construction. City shall not unreasonably City desiresprovided, however, that to the extent the size and description of Propertw storage to serve the they are charged to other parties similarly situated to PEG II. withhold said approvals. If any main lines, distribution lines any mains or facilities with capacities larger than Project and the Project Property; PEG II and/or Pfister shall also be responsible for acquiring and or appurtenant facilities are relocated, the City will convey necessary Co meet the needs of the Project or rementa'a Proper- paying for all permits and permit fees from entities other than back to Pfister, the Company and/or PEG II the easements granted '.. ties, the City will be responsible for the incremental cost eofl Exhibit F. Any other cireumstan es affecting the cost the City, such as Pitkin County and/or other regulatory agencies, pursuant to this Agreement and Pfister and/or PEG II will convey such enlarged or additional main or facilities. "Incremental or type of fed Cacction required for the water mains necessary for construction o£the eater transmission and distri- rtoe the city new non-exclusive as-built easements meeting the oats"shall be defined s the difference between the total cast and associated facilftfas to be constructed pursuant to button mains, lines, and associated facilities. requirements set forth in paragraph 13 below for the relocated of a particular facility and/fined and constructed solely to meet 1 this Agreement; and water mains and appurtenant facilities, subject to the same terms the needs of the Project and/or Pfister and the total coat of 10. Inspection of Construction. Construction must be in- and conditions set forth in that paragraph. I such facility as enlarged at the City's re • p P speeted by the City's engineers or other designated personnel quest. Exhibit G. ECU com utation assum lions. 6. Preconstruction Exhibits. The following exhibits (These exhibits will not be recorded with the Agreement prior to burial or final installation. PE:II and/or Pfister 13. Easements. PEG II, the Company and/or Pfister shall shall give the City reasonable advance notice when the main, obtain at their own cost and convey in perpetuity to the City as- concerning the Project have been prepared by PEG II and/or due to their length and bulk.) lines and/or associated facilities are ready for burial or built non-exclusive easements for water mains, lines, tanks and Pfister and have been reviewed and relied on by the City in installation, and the City's engineer or agent shall inspect said other water facilities situated upon or crossing the Project entering into this Agreement.' 7, good Requirements. Prior to the commencement o[ mains, lines and/or associated facilities within 24 hours of said TIEHACK construction, PEG II and/or Pfister shall provide payment and Property, the Company Property, or Pfister's Properties, along • / p epta notice. with all necessary access easements for maintenance and repair I Exhibit A. A description of the water mains and relat- performance bonds C(ority other financial assurances acceptable to purposes ("easements"). The water main and water line easements RESIDENCE ed facilities required for the Project; th-City) to the City in a form approved by the City in the before Taney water Conveyance. Uponcompletion of construction on w P must be large enough to provide the City with at least 10 feet amount of one hundred percent (inch) eofn the water service seater and any is delivered pursuant to this Agreement, all either side of water mains and lines and must specify that (1) Exhibit B. A map (schematic) of the water mein and I construction costa (lase those incremental costs for enlarged or distribution and transmission mains and all associated water sewer lines must be located at least ten feet from any water main 1 470 TIEHACK related facilities required for the Project; additional facilities to be borne by the City) which bonds shall lines and facilities shall be tested and, upon approval by the or line, and (2) other utilities moat be located at least five insure the completion of the construction and hold the City city, conveyed (excluding individual service lines) with all feet away from any water main or line. Access easements and RD.ASPEN CO Exhibit C. Schedule for completion of the Project harmless for payment to the contractor or any subcontractors, necessary non-exclusive easements to the City, free and clear of easements for tanks and other facilities shall be of a size water mains and associated facilities to be constructed materfalmen, or others involved in the construction of the water all liens and encumbrances, excepting liens/encumbrances securing determined by the City to be reasonably necessary for the opera- I 81611 pursuant to this Agreement as approved by the City; transmission and distribution mains, lines and associated feiili- financing for the Project, by deed in a form acceptable to the tion, maintenance, and repair of the tank or other facility to be 1 ties, or for the provision namingof materials therefor. This require- City Attorney. Performance and payment bonds provided by PEG IIsuch rent may be satisfied bythe City as an additional or co- located on unit easement. Each party shall be solely responsible and/or Pfister pursuant to paragraph 7 above shall be reduced for for any injuries or damages, including costs and attorney's fees, 'The parties acknowledge that PEG II and Pfister have not at insured with Pitkin County on such performance and payment bonds that construction successfully completed and accepted by the City to persons or property arising from its own negligent acts or om- j I I the time of the execution of this Agreement prepared and submit- as furnished by PEG II and or Pfister to Pitkin County as a '�. in the same proportion to that fraction the numerator of which is issione occurring on or resulting from its use or occupation of SD 2/1/2022 tad to City detailed design drawings for the Project water condition of approval for the recordation of the final plat for the cost ofthe construction successfully completed and accepted any easement premises. Nothing contained herein, however, shall DD 3/16/2022 transmission and distribution mains, internal distribution lines, the Project. PEG II and/or Pfister shall also furnish to the by the City which is not attributable to enlarged or additional mean or resultin any waiver or dimfnisnment of any defense or storage tanks and/or other related facilities. Additionally, • City, in a form approved by the city, a maintenance bond equal to facilities requested and id for the and the denomina- HOA 2/25/2022 meaningful cost estimates for the construction of the water 100%of the construction costs of the water transmission and by City, limitation available to City under the Colorado Governmental PERMIT 2/1/2023 4for of which is 100%of the water service system construction Immunity Act or other applicable law. system have not yet been calculated. City retains the right and distribution mains, lines and associated facilities, lees those costs (less those incremental costs for enlarged or addition) discretion to have submitted to it for review all design drawings i incremental costs for enlarged or additional facilities to be facilities to be borne by the City). The maintenance bond(s) The City shall reconvey to Pfister and/or PEG II all and cost estimates for all water lines and facilities prior to borne by the City, ensuring the proper condition and operation of required by paragraph 7 above must be in place reflecting actual sements received by the City from Pfister and/or PEG II purse- the construction of the water system. Furthermore, and as each facilities for a period of two years from the date of construction costs prior to the City's acceptance of any line or ant to the defunct water service agreement of July 9, 1990, as provided in paragraph 5 of this Agreement, all design, materials completion and acceptance of the system by the City. facility. are no longer necessary to or utilized in the construction and and construction specifications for all water lines and water system facilities must be approved by the City prior to construe- ,: B. Construction. Upon completion of the prerequisites installation of the water delivery system as described herein. tion and/or installation. I, eaCompanyn of or Paste Mshal. eha tity dgtoes loco described in paragraphs 6 and 7 above, PEG II shall proceed with PEG II, the Company and/or Pfister shall be entitled to relocate d• • ue diligence to construct the water transmission and distribu- the water mains and appurtenant facilities crossing the Project 5 6 7 8 FULL LAND . ". USE APPROVAL 0 12" B - 17 730-P797 B730-P797, B730-P797 7 P7 SCALE 1' I 0 ,2'• ,' 2'• SCALE = 1-0' 2, SCALE 1' - 1r D 12" ,' B SCALE RECEIVED 2. LUA.18 02/02/2023 ASPEN BUILDING DEPARTMENT RED 1001 Grand Ave Suite 103 Glenwood Springs CO 81601 I 1 © These documents have been specifically prepared for 1470 Tiehack.They are not suitable for use on other projects or in other locations without the approval and participation of the architect. Reproduction prohibited without approval of the architect. 367049 8-742 P-84 02/17/94 11:579 76 2 OF 3 367049 8-742 P-85 02/17/94 11:578 P6 3 OF 3 2023 plat or map locating and describing the easements shall PEARCE EQUITIES GROUP II LIMITED LIABILITY be recorded in the real property records of Pitkin COMPANY, a Utah limited lliimiteedd liability company County, Colorado. Until such time as the plat or map C,J`/^'K N 367049 8-742 P-83 02117/94 11:576 P6 1 OF 3 MC DM locating the easements is recorded each Owner or By: J eaTm s T. Pearce, emberM S1L918 DAYIS PRKIN CRBTY CLERK L RECORDER moo Mortgagee or any other person acquiring an interest in a Single Family Lot or Lot 17 shall acquire such interest subject to the blanket easement hereby created. THE PFISTER FAMILY, a Colorado limited RECORDING REQUESTED BY: partnership WHEN RECORDED RETURN TO: (b) The Association shall be responsible for Ronald Garfield, Esq. maintenance of the easements and shall carry public By: GC2, Garfield & Hecht, P.C. liability and property damage insurance in accordance Arthur 0. Pfist r, General Partner 601 East Hymn Avenue with the provisions of Article 7 of the Declaration. I I Aspen, Colorado 81611 Except for an Owner's or its agent's gross negligence or ,/• /' willful misconduct, no Owner shall be liable to any By. EhzaL//�th HPfl ter, General,_ en `al Partner person or persons using such easements. FIRST AMENDMENT TO MASTER DECLARATION OF PROTECTIVE COVENANTS FOR MAROON CREEK CLUB (c) No Owner shall construct any improvements on /�, PITKIN COUNTY, COLORADO the easements hereby created nor shall any fence, STATE OF v '' ) barricade or other obstruction including trees, bushes or )SS. shrubs be permitted on the easements nor shall any . This FIRST AMENDMENT TO MASTER DECLARATION OF activity be permitted on the easements which would COUNTY O _7 :J ) PROTECTIVE COVENANTS FOR MAROON CREEK CLUB (the "First Amendment interfere with the use of the easements for their The foregoing First Amendment to Declaration of is made this )(o ay of February, 1994 to be effective as of intended purpose. Protective Covenants for MarJJ99��A Creek C Subdivision was December 2, 1993. 2.2 Amendment to Article 8. Article 8 of the Declaration acknowledged before me this /G'197 day of wow , 1994 by entitle "General Restrictions" is hereby amended by the addition of James T. Pearce, Jr., as Member of PEARCE EQUITIES GR II LIMITED 1. RECITALS. the following new Section 8.25: LIABILITY COMPANY, a Utah limited liability company. ,�, . 1.1 Declaration. Pearce Equities Group II Limited �� WITNESS my hand and official seal. Liability Company, a Utah limited liability company (the 8.25 Wetlands Abatement. Owners of Single Family Lots in ;���\.... "Declarant") and The Pfister Family, L.P., a Colorado limited Maroon Creek Club shall be responsible for any wetlands 8�."L ,' ��//''SS//-a� -- `2 �- partnership (collectively the "Project Owners") created the Maroon abatements or wetland's compliance required for the . ' J My commission expire �r ^' Creek Club planned community pursuant to by Master Declaration of construction of any improvements to be constructed on such = - - Protective Covenants for Maroon Creek Club recorded December 2, Owner's lots. %r•.P U II l''C'•"d 1993 in Book 733 at Page 598 of the real estate records for Pitkin -` • Notary Publi County, Colorado (the "Declaration"). 3. Miscellaneous. F OF cow 1.2 Ownership. The Project Owners are the owners in fee 3.1 Compliance with Declaration. This First Amendment �S1MY�T'E`OF ) simple or by leasehold estate of the real property described in is being made pursuant to the provisions of Section 11.2 COUNTY O�) Exhibit A which is all of the property comprising Maroon Creek of the Declaration. Club. 3.2 Defined Terms. Capitalized words and The foregoing First Amendment to Declaration of D p phrases in this M 2. ADEENOMFNmq, First Amendment shall have the meanings given to such words and Protective Covenants for acknowledged before me this ay of , 1994 byis Creek Subdivision was phrases in the Declaration. 2.1 Amendment to Article 9. Article 9 of the Arthur O. Pfister and Eliza eth H. Pfis er, as Ge Partners of THE PFISTER FAMILY, L.P., a Colorado limited par ship. Declaration entitled "Easements and Rights Reserved" is hereby amended by the addition of the following new Section 9.9: IN WITNESS WHEREOF, the Project Owners have executed this WITNESS my hand and official seal. First Amendment Master Decoration of Protective Covenants for ..•' • 9.9 Ski Easements. (a) There are hereby created Maroon Creek Club this i�, day of February, 1994. `i•. FP• �" � � and established for the benefit of all Owners easements , ,Ss;•- ��F'> My commission expire c'"\ for ski in and ski out purposes to provide ski access to '"' the Tiehack Ski Area over and across those areas of the �;' : -",,~`� Single Family Lots and Lot 17 lying outside the building r'o ary Public envelopes of such lots. The exact location of these 2 m4y9" ta 3 easements shall be established by the Declarant and a •e TIEHACK RESIDENCE B742-P083 1470 B742-P083 B742-P083TIEHACK scaLev. T-o• 3 RD.ASPEN CO 1 sCALe.1' = 1.-o° 2 o 1/2' I" z" 81611 SCALE_1' = 1'-0" 0 12'' 1'' 2" 0 12" I" SD 2/1/2022 DD 3/16/2022 HOA 2/25/2022 PERMIT 2/1/2023 FULL LAND USE APPROVAL RECEIVED LUA.19 02/02/2023 ASPEN BUILDING DEPARTMENT RED 1001 Grand Ave • Suite 103. $ ^ ; j. r t � y Glenwood Spri ngs ?e.y a 4 r ; _ CO 81601' `.. a 5YA a9, y" 4 .'+ q If BM. F>V P-IIf 02112151 bar PC] ii{ ASSIGNMENT OF FINAL SUEDIOISlos PLA�AND PIM These documents have been This Assignment iscuted to be effective a C the £ specfiwlly prepared for 1470 FOR XAROON clone CLUB eweTiehack They are not sudable fur Agreement This Ass2 gnment Agreement(the"Assignment") dated date first set forth above. f • se on other protects or pother locations without the approval and For glod and valuable consideration,together with ' Ps pad clpatlon of the architect of February is. 1^94 is by and between PEARce EQ mores GROUP M1 Reproduction prohibited without the sum of Ter,Dollars thin day paid d d e:ed t0 } m anew EQUITIES GROUP II approval Of the arch feel. II LIMITED LIABILITY COMPANY,a Utah limited liability compen_ LIMITED LIABILITY b :PANT, Assignor, the receipt and esiciency of which Assignor hereby Utah limited'lab ty. 2023 (^Ass dgnor^),whose address is 620 East Nyman Avenue,aspen, acknowledges,Assignor and Assignee hereby.agree as follows: oUtany Colors ,81611 and MAROON CAREX LIMITED LIABILITY cONPANY,a c 4 colors:,limited.liability3- Assig . hereby sells,c coveys,transfers company("Assignee"),whose Address - [ By • and assigns to Assignee 1 of A Member is 620 Past Hyman Aden e,Aspen Colorado 81611. • gneeAssignor's right, title and s T.Pear., _ u S t. , to and under':h PUO and all governmental Recitalsa inY py :ls relating thereto, including without limitation, mu F..1R0p-!CREEK LIMITEp A. The Assignee and Assignor are parties to:hat ± those npprov described .. Plat the 2 of the PU➢. Pursuant i(. CT1 B1edo 1 aitedYliability WI eextei. Contribution agreement dated affect., as of f a to Pia"Note 22 of the PUD,Assigns hereby designates company Septer. 14, 1991 (the"Agreement"),pursuant to which Assign agreed to contribute ..ss_gr ce the real prope .R' A an A g uccessor awl assign with respect to ^ --�/ ° V .16 11 of Ass' p)•✓%A Assignor.,right,and inter•sta in,to and coder the desc^S: d therein (the y ( -"Manager POD. B. In connection rvihe contribution of the (14 2. r has agrt-d t0 Assignment . Cr-ATE OF MLOP 0 ) Property and pursuanttoAgreement,ass t ..ha'1 c�governed by and -, assign = •+ssignee allr strigl:c Assignor e>9 int ie.t ` construed under.,h .a^. to of Colorado. 0. • C(:UNTY OF PITXIN en • - Property the c _Subdivision .at a.._',CD for,.a C0.0. v e_ benefit �- - The foregoing a^ackno edged h-7ere me ';�. Creek 1'� 3 his^ shall O the - t is i6tt day Y Febrva instrument James T and be g c recorded the 1 property ree°r_s of Pit-_n County, fAssignor Llaited I.abil y p y ` Assignee. ' M nbe f Pace Equities company.II sit r r.r a s rah limited liability c°pony. "°m an Colored n November 15, 1993 in Plat Hook 33 a:Page 4(thy `&e WITNESS my hand and official seal. I[ c. This Assignment .a3 t d any Y'p r 7 o 0`V'ly„��6Flrn- �7 o number of counterparts,eacY.of'which shall 1 d rc an *RaSa 1 S al rc• original, but ail of-which together shall.coesta_ute•ne andC. - Notar} Public R[ A[ l6'M9 i-]1]P !A3llA,:11],t:. �,ESP]IF � ge s{_vm,Avs ^.vn,u lfuv:...rY a same_ • y'UEI�� ommi es. .yA q ^, Cn:":,: My c scion.expires: 017-4)/R7 _ theanatrwm¢nt. - BBB 9-261 P.C.011::)il It:OBP P6 2 OF 1 y IV ! i1, CO• • ;, T N T D t• N N • m o73 o f o v Stewart Title of Aspen Stewart Title of Aspen Stewart Title of Aspen IV — W i,�::. 4 4 I 1-E . STATE OF cowsoDO ) t' COUNTY OF PIMP ) ss. I' The foregoing instrum••nt was acknow'edged before this 16th day of F e Jr.,.1994, by James T. iea - creek Manager of Maroon Creek Limitee Liability Co:+pany,aCol:r limited liability company. ° +ePENa1`xFp"+li TNESS my hand and official seal. wayn. -!otarial Seal:• — -kav-'d77YZ gym* My commission ex„ire 3/7-e/e2 7 I i it Q Ell rl TIEHACK Mg,, 6-742?un 01/1,1:-•:6P-..a ur V RESIDENCE 1470 TIEHACK RD.ASPEN CO 81611 SD 2/1/2022 • DD 3/16/2022 HOA 3/16/2022 • OD PERMIT 2/1/2023 _4_ D 4 col N I FULL LAND� USE APPROVAL J RECEIVED Stewart Title of Aspen LUA.20 02/02/2023 ASPEN BUILDING DEPARTMENT RED 1001 Grand Ave Suite 103 I Glenwood Springs I CO 81601 367060 8-742 4-123 02/17/94 12:09P PS 3 OF 4 I I ARreemsat This Assignment is executed to be effective as of the These documeO ASSIGNMENT 08 For good and valuable consideration together have been FINAL SUBDIVISION PLAT AND POD n other pro , with use date first set forth above. FOR MAROON CREME CLUB specifically preparetl for 1470 This Assignmentthe sum of Ten Dollars this day paid and delivered to Tieback.They are not suhable kr pa jects or m other Agreement (the ',Assignment.) dated am loca0ons without the approval and of February 16, 1994 is by and between PEARCE EQUITIES GROUP - Assignor, the receipt and sufficiency of which Assignor hereby. nicipatlon of the architect Repepro PEARCE EQUITIES GROUP II tluction prohibitetl wimout acknowledges, Assignor and hereby hereby agree as follows: LIMITED LIABILITY COMPANY, approval of the architect. II LIMITED LIABILITY COMPANY, a Utah Limited liability company a Utah limited liability. 1. Assignor hereby sells, conveys, transfers company 2023 (^Assignor^), whose address is 620 East Hyman Avenue, Aspen, Colorado 81611 and MAROON CREEK LIMITED LIABILITY COMPANY, and assigns to Assignee all of Assignor's right, title and a BYEam company (.Assignee"), interest in, to and under the PUD and all governmental James T. 2 6' Jr., Colorado limited liabilityghee^), whose address Member is 620 East H - approvals relating thereto, including without limitation, yman Avenue, Aspen, Colorado 81611. those approvals described in Plat Note 2 of the PUD. Pursuant Recitals MAROON CREEK LIMITED to Plat Note 22 of the POD, Assignor hereby designates Colorado LIABILITY COMPANY, a A. The Assignee and Assignor are parties to that lCOMPAN ability Assignee as Assignor's successor and assign with respect to Company certain Contribution Agreement dated effective as of September 14, 1993A all of Assignor's rights and interests in, to and under the ' (the , pursuant to which mes T. Pear , Jr., AssignorPUD• By: to Assignee the real property described therein (the ',Property.). 2. This Assignment shall be governed by and Manager to contribute agreed .Agreement.), construed under the laws of the State of Colorado. STATE OF COLORADO ) B. In connection with the contribution of the 3. This Assignment shall inure to the benefit ) as. Property and pursuant to the Agreement, Assignor has agreed to - nn �1� COUNTY OF PITRIN )to Assignee all of Assignor's right, title and interest 1!� and be binding upon the successors and assigns of Assignor and U �]c The foregoing instrument was acknowledged before me. U Assignee. this 16th day of February 1994, by James T. Pearce, Jr., a in the Final Subdivision Plat and POD for Maroon Creek Club 3)i1 Member of Pearce Equities Group II Limited Liability Company, 4. This Assignment may be executed in any a Utah limited liability company. recorded in the real property records of Pitkin County, I ti I, I Colorado on November 15, 1993 in Plat Book 33 at Page 4 (the number of counterparts, each of which shall be deemed an - y,."WIH WITNESS my hand,and official seal. .PUD.). - original, but all of which together shall constitute one and 'j.. Seal) „y', .�,Pek.._, the same instrument. - ���L'4G. Notary Public 367060 D.742 P-121 02/17/94 12:09P Pi 1 Of 4 AEC DOE '3/ /p,7 SILVIA DAVIS PIRIK COUNTY e2,LERK i RECORDER 20,0DCOW ''P Y Commission expires: ZO -,I 347060 0-742 P-122 02/17/94 12109P PS 2 OF 4 ll.0- co N I m• NJ-2- I _3- • N N Stewart-Titte-ef-AAspen -- StewartTitle of Aspen _. Stewart Title-of Aspen o N W STATE OF COLORADO ) ss. COUNTY OF PITRIN ) The foregoing instrument was acknowledged before me this 16th day of February 1994, by James T. Pearce, Jr., as Manager of Maroon Creek Limited Liability Company, a Colorado limited liability company. WITNESS my hand and official seal. i,()TAUMpNartal Seal] ] o[r 111 Notary Publi ?^.'•• 1/00` 74 or+mms ssion e 3/ /9-7 Ji`'..........'7.i Y xpires: "6•drto1.4�.°� ,n1iuN1" , TIEHACK RESIDENCE WOOV-742 P•124 02/1719412,09P PII 4 MI 1470 TIEHACK RD.ASPEN CO 81611 SD 2/1/2022 DD 3/16/2022 ? HOA 2/25/2022 PERMIT 2/1/2023 I CZ D m N 1 �:•/a r•� 4_ FULL LAND 9. o USE APPROVAL Stews Title of Aspen RECEIVED LUA.21 02/02/2023 ASPEN BUILDING DEPARTMENT RED 1001 Grand Ave Suite 103 Glenwood Springs CO 81601 O These documents have been specifically prepared for 1470 Tiehack.They are not suitable for use n other projects or in other locations without the approval and participation the architect. Reproduction prohibited without approval n oft architect. MRY 02 '94 09:55 3G" T11Gi -_ MRY EZ yJ::rti xc. r_cc., PYaV 02'94 09::ib Sgx±si:.cc.: . 2023 3. MI CES NEOUS. 369936 B-750 P-242 05/11/94 12:42P PG 1 OF 3 REC DOC 1.1. This Assignment is being made pursuant to the ACKNOWLEDGEMENTS DAVIS PITKIN COUNTY CLERK & RECORDER 15.00 provisions of Section 2.16 of the Declaration. 3.2. capitalized words and phrases in this Assignment STATE OP� � ) RECORDINGH DEDURETU BY: shall have the meanings given to such words and phrases in the )sg, AndrewW RECORDED t,RETURN T0= Declaration, COUNTY O ) V. Hecht, Esq. Garfield & Hecht, P.C. IN WITNESS WHEREOF, PEGII and Maroon Creek have executed The foregoing was acknowledged before me this 601 East, Colorado Hyman Avenue11 this Assignment and Designation of Successor Declarant for Maroon daY of May, 1 fo4 by James T. Pearce,edJr„ as NembeY of PSARCE Aspen, 81611 Creek Club this _day of May, 1994. 3TZES GROUP II LIMITED LIABILITY COMPANY, a Utah limited PEARCE EQUITIES GROUP II LIMITED LIABILITY .g tlity company. ASSIGNMENT AND DESIGNATION OF SUCCESSOR DECLARANT FOR MAROON CREEK CLUB COMPANY, a Utah limitegi liability company .- ., _.,'� ]�,". , WITNESS my hand and official seal. p PITKIN COUNTY, y: r „'y t- My �, 2 f0 - COLORADO B afe ,. . .C' commission expires:J s T. Pearce, This ASSIGNMENT AND DESIGNATION OF SUCCESSOR. E „� ��"`'" FOR MAROON CREEK CLUB (the "Assignment") is made this i day Of MAROON CREEE LIItITED LABILITY C01RAtIY, a • Notary id May, 1994 to be effective as of February 16, 1994. Colorado limited liabilit company 1. RECITALS By: STATE OF ) 1.1. Pearce Equities Group II Limited Liability Company, J es T. P )ss. , COUNTY O '^� ) a Utah limited liability company ("PEGII") and The Pfister Family, L.P., a Colorado limited partnership("Pfister")created the Maroon The foregoing was acknowledged before me thi Creek Club planned s orityMa pursuant to the December 2f day of May, 1994 by James T. Pearce, Jr„ as Manager o MAROON Protective1 Covenants for Maroon Creek Club recorded December i CREEK LIMITED LIABILITY COMPANY, a Colorado limited liability in Book ad at Page 598 of the real estate records for Pitkin company. County, Colorado (the Declaration"). WITNESS my hand and official sea 1.2. PEGII and Colorado limitedliabiliMaroon y o npanyk Limited ("Maroon �� - l. Liability Company, r'.,', Ny commission expires: Creek.) for the purpose of developing Maroon Creek Club and therefor PEGII desires that Manson Creek be the successor Declarant under the Declaration. notary li 2.1. Por good and valuable consideration the receipt and 369936 B-750 P-243 OS/11/94 12:42P PO 2 OF 3 sufficiency of which is hereby acknowledged, PEGII hereby assigns to Maroon Creek all of PEGII's rights, titles, interests, duties and obligations as Declarant under the Declaration and the Act. 2.2. Maroon Creek hereby accepts the assignment by PEGII 0g/11/94 12:42F' PG of the rights, titles, interests, duties and obligations as 3 OF 3 Declarant under the Declaration and the Act and agrees to become 369936 B-750 p_244 the successor to PEGII as provided for in the Declaration. 2 3 TIEHACK RESIDENCE 1470 TIEHACK RD.ASPEN CO SCALE 1' B750—P242 1 B750—P242 2 B750—P242 3 81611 1 0 12" ' 2'• - 1-0 SCALE:1' = 1'_0" '. 0 12' 1' SD 2/1/2022 DD 3/16/2022 HOA 2/25/2022 PERMIT 2/1/2023 FULL LAND USE APPROVAL RECEIVED LUA.22 02/02/2023 ASPEN BUILDING DEPARTMENT / _ 370864 B-752 P-756 06/08/94 1O:27A PG 3 OF 4 R E D 370864 8-752 P-755 06/08/94 10:27A PG 2 OF 4 the need to execute or record any additional 1001 Grand Ave Suite 103 last sentence thereof: documentation be subject to the terms, conditions, restrictions and obligations contained in the Glenwood Springs 370864 B-752 P-754 06/08/94 10:27A PG 1 OF 4 ;provided however, the Association may grant easements, Declaration. The Association shall execute, deliver and CO 81601 SILVIA DAV I3 REC DOC rights of way and licenses over across and under any real record, at the expense of the Owner of Parcel B, any PITKIN COUNTY CLERK & RECORDER 20.00 property owned of leased by the Association as its Board documentation necessary for the effective legal I I may determine are reasonable or necessary and in the best conveyance of the property from the Pomegranate to the interests of Maroon Creek Club. Owner of Parcel B including, but not limited to, RECORDING REQUESTED BY: Subdivision Plats or Replats. WHEN RECORDED RETURN TO: 2.2 Amendment to Section 6.3. Section 6.3 entitled These documents have been Ronald Garfield, Esq. "Special Assessments" is hereby amended by deleting the reference 3. specifically ore not for blef MISCELLANEOUS. Tlenack.They are not sumabie for use o Garfield & Hecht, P.C. therein to Twenty-five Thousand Dollars ($25.000.00) and n other projects or in other 601 East Hyman Avenue substituting therefor the amount of Two Hundred Thousand Dollars 3.1 Compliance with Declaration. This Second Amendment locations without the approval and Aspen, Colorado 81611 ($200,000.00).tuting is beingmade provisionsparticipation of the architect. pursuant to the of Section 11.2 of the Reproduction prohibited without Declaration and the Act. approval of the architect. 2.3 Amendment to Section 8.5. Section 8.5 entitled SECOND AMENDMENT TO MASTER DECLARATION OF "Further Subdivision" is hereby deleted in its entirety and the 3.2 Defined Terms. Capitalized words and phrases in zoza PROTECTIVE COVENANTS FOR MAROON CREEK CLUB following substituted therefor: this First Amendment shall have the meanings given to such words I I PITKIN COUNTY, COLORADO and phrases in the Declaration. 8.5 Further Subdivision. (a) Except as permitted in (b) and (c) below and as to permitted condominiumization 3.3 Counterparts. This Second Amendment may be executed This SECOND AMENDMENT TO MASTER DECLARATION OF of the Multi-Family Lots 17, 18, and 50 and, to the in any number of counterparts and each such counterpart shall be PROTECTIVE COVENANTS FOR MAROON CREEK CLUB (the "Second Amendment extent permitted, the division of the Employee Housing deemed to be an original. is made this 3Q day of May, 1994 to be effective as of December Units on Lots 13 and 52, no Lot shown on the Plat shall 2, 1993. ever in the future be subdivided by an Owner into smaller IN WITNESS WHEREOF, this Second Amendment to Master parcels or conveyed or encumbered in any less than the Declaration of Protective Covenants for Maroon Creek Club is full dimensions shown on the Plat. 1. RECITALS. executed the day and year first above written to be effective as of December 2, 1993. 1.1 Declaration. Pearce Equities Group II Limited (b) A portion of Parcel B that is adjacent to the Liability Company, a Utah limited liability company and The Pfister Pomegranate East Apartments, a condominium, (the Family, L.P., a Colorado limited partnership created the Maroon "Pomegranate") may be conveyed to the Pomegranate's Creek Club planned community pursuant to the Master Declaration of homeowners association or its designee by the owner of MAROON CREEK CLUB MASTER ASSOCIATION, a Protective Covenants for Maroon Creek Club recorded December 2, Parcel B. The exact legal description of the parcel Colorado non-p fit c poration 1993 in Book 733 at Page 598 of the real estate records for Pitkin conveyed and the terms and conditions of the conveyance County, Colorado (the Declaration"). shall be at the discretion of the Owner of Parcel B; By; provided however, no property on which any part of the y mes . Pear President 1.2 Certain Amendments. The Owners of all of the Lots Golf Course is located may be conveyed. Immediately upon and Parcels have determined that it is necessary and appropriate the conveyance of such property to the Pomegranate, By: to make certain additional amendments to the Declaration and have without the need to execute or record any additional Andrew V. Hecht, Secretary adopted the amendments set forth in this Second Amendment. documentation, such property shall be withdrawn from Maroon Creek Club and such property and its owners shall 1.3 Association Off icerg. The undersigned are the not be subject to the terms, conditions, restrictions and President and Secretary of the Maroon Creek Club Master Association obligations of the Declaration. The Association shall formed pursuant to the Declaration and are executing this Second execute, deliver and record, at the expense of the Owner Amendment in accordance with the provisions of the Colorado Common of Parcel B, any documentation necessary for the Interest Ownership Act (the "Act"). effective legal conveyance of the parcel to the Pomegranate including, but not limited to, Subdivision 2. AMENDMRN'PS. Plats or Replats. 2.1 Amendment to Section 3.15. Section 3.15 entitled (c) A portion of the Pomegranate's property "Certain Provisions Regarding Association Property" is hereby adjacent to Parcel B may be conveyed to the Owner of amended by the addition of the following clause at the end of the Parcel B. In the event of such conveyance, the property so conveyed shall be part of Parcel B and shall without 2 3 3 B752-P754 1 a 2.. B752-P754SCALE 2 = 4 B752-P75 SCALE:1' — 1'-0' SCALE'.1' 1-0" 0 1/2' 1' 2" 0 1/2" 1" G 370864 8-752 P-757 06/08/94 10.27A PG 4 OF 4 � � yy ACKNOWLEDGEMENT STATE OF /i -O ) ��� ;ss. COUNTY OF The foregoing Second Amendment to Declaration of Protective-Covenants for n C ek Club was acknowledged before me this day of , 1994 by James T. Pearce, Jr., as resident and ew V. Hecht as Secretary of MAROON CREEK CLUB MASTER ASSOCIATION, a Colorado non-profit corporation. L _ WITNESS my hand and official seal. p „I/F �;..4 ")'•.y My commission expires: . 43?t7lary licA5!5/L TIEHACK RESIDENCE 1470 TIEHACK RD.ASPEN CO 81611 SD 2/1/2022 DD 3/16/2022 HOA 2/25/2022 PERMIT 2/1/2023 4 FULL LAND USE APPROVAL B752-P754 RECEIVED SCALE„' _ 1-0 4 LUA.23 02/02/2023 0 1/2' 0 2" ASPEN BUILDING DEPARTMENT 371946 B-755 P-55 07/11/94 10:41A PG 1 OF 4 FEC DOC SILVIA DAVIS PITk:IN COUNTY CLERI': . RECORDER TRENCH,CONDUf,AND VALIY AGREEMENT R E D This agreement is made and entered into this >5 day of ! EIBIT A KLMITED LIABILITY COMPANY,whose mailing address STATE OF Page 1 of 2 Coleman,Aiken and Chase PA.,181 East Evans Street,Florence,South Carolina 29503,hereinafter called"Developer", 1001 Grand Ave and Holy Cross Electric Association,Inc.,whose mailing address is P.O.Drawer 2150,Glenwood Springs,Colodo COUNTY OF --C c>� )ss. ?,Jff�I➢Creek Club Suite 103 81602,a Colorado Corporation,hereafter called'Holy Cross'. \\ sew 1"= Glenwood Springs The[ e Ding Ins�rslment w �o dged before alf his:....- day of ( �zt�c./ CO 81601 WHEREAS,Holy Cross has been requested by the Developerto provide underground electric service within an easement by r- c.i-l�idred 1 LEGEND traversing certain real property described as follows:a parcel of land situated in Sections 2,3,10 and II,Township LIABILITY COM ANY,A COLORADO LIM LIABILITY COMPANy,as,G L MANAGER of MAROON""cam" \�• _ I 10 South,Range 85 West of the 6th P.M.,as more fully described In book 742 at pages 86,100 and 117 of the Pitkin \ County Courthouse,Aspen,Colorado;and WITNESS my hand and official seal \ • WHEREAS,installation of such underground electric service will require trench and other excavations both within and ��r NBmrdissign expires:,-?�- � q _ a outside of the above described project y; V No4 Public � le • 1 �...... t j ":.'Y,v�..•..._..._ hest documents have been P 1 property;and ` \ Q w.a s4aw WHEREAS,the Developer is required to provide all excavation,conduit and vault installation,backfill,compaction and ' Address: /� / mop �, ' �, cleanup needed to construe the required underground electric facilities. /��j \ TBI specifically Ily prepared for 1470 c. Tieh k.Th y of suitable for 11� other projects or in other c.✓O�Y I locations without the approval and s:,YF-•. in j W participation of the architect. NOW THEREFORE,the Developer and Holy Cross agree as follows: '� t l.) j -..I Reproduction prohibited without �• ?�� � ...a.s1. approval of the architect. 1. The Developer shall provide all excavation,conduit and vault Installation,backfill,compaction and cleanup STATE OF•,,4ErL0)OIC�C7 ) \, D0111i ski I P 2023 necessary for installation of underground electric service to the above mentioned project. Such excavation �\ � � j • I shall be located as shown on the construction drawing and performed as sCOUNTY OF I ss. j a. All excavation,both within and outside the above described project property,c byill be within easements 0 ) m dedicated far utility use.The route of excavation to be provided gs. �\ j d j i on Exhibit A,attached hereto and made a D Pursuant to this agreement is shown The foregoing In meet was acknowledged before me this O day of ' (/��l �l r, • part hereof by reference. The top of all power facilities, by KENT. GENERAL MANAGER of HOLY CROSS ELECTRIC A ATIO r''4 19 \ [n excluding vaults,will be installed 48'below final grade. %F.'•-, +'v o \ j �\ b. Holy Cross will supply the necessary conduit and vaults for installation by the Developer upon Q ,\\ / •\completion of contractual arrangements. Developer •'waTNax.,�v11�Ind and official seal. \ assumes responsibility for all material lost or Mr � 55vot expires: "�'/ \ \ damaged after such material has been issued to and signed for by Developer. r '. /' y-r- \c. In 0 the event that conduits or any other installation provided by Developer are found to be unusable or -o-o-t� Notary Public _ ^\ \ _ improperly constructed,Irrespective of whether such discovery is made during or after installation, p(�a.`\G; /� ��v / ,\ d Developer will be responsible for correcting said problems at its ex C r Address:4 l� tc��.\1 and Developerexpense as specified by Holy Cross / /�- \shall reimburse Holy Cross for all additional costs resulting from said conduits or other / /±i ���U� ( \installation being unusable or Improperly constructed. t ) Ir-" a6. Ir t�}.pp9^►`y�` rat �. 2. Despite the fact that Holy Cross reserves the right to specify acceptable I �III� �\ o 9 p n ,bu table excavation,to, the an firing Developer shallo i � . I perform work hereunder as an independent contractor,including,but not limited to,the hiring and firing of a its own employees,providing Its own tools and equipment,payment of all wages,taxes,insurance,employee I I withholdings,and fees connected with its work on the project. I I „• 3. The Developer shall obtain all necessarydigging1 a Developerduring permits and utility locations prior to excavation. The a1 J ,( •� .� D shall repair all damage caused during excavation promptly and at its expense. No excavation will r \be undertaken within five(5)feet of existingunderground \ 1�`` ` 'Q i�\ of a qualified Holy Cross Electric employee. 9 power lines except under the on site supervision \\�. 4. The Developer shall indemnify,save,and hold harmless Holy Cross,its employees and agents,against any and sin ��all loss,liability,claims,expense,suits,causes of action,or judgments for damages to property or injury or :. ern \death to persons that may arise out of work performed hereunder.The Developer shall promptly defend Holy `�. j ��.) o Cross whenever legal proceedings of any kind are brought against it arising out of work performed hereunder. 371946 6-T55 F-56 07/11/94 UJ:41A PG 2 OF 4 � m In the event Developer shall fail to promptly defend Holy Cross,it shall be liable to Holy Cross,and shall •" , reimburse it,for all costs,expenses and attorney fees incurred in defending any such legal proceeding. The ---, developer agrees to satisfy,pay,and discharge any and all judgments and fines rendered against Holy Cross ` 1 arising out of any such proceedings. i \ I 5. The Developeri 'r i shall repair any excavation settlement and damage to asphalt paving or other surface I I improvements caused by such settlement resulting from work performed hereunder,both within and outside i the above described project property,for a period of two(2)years from the date backfill and cleanup are I I completed, j II 6. In the event the Developer shall not promptly complete all of the obligations hereinabove agreed to be I 1 /performed by Developer, Holy Cross may give written notice by registered or certified mail demanding Developer to complete the work and obligations undertaken by Developer herein,and if such is not completed within 30 days after receipt by Developer,Holy Cross may complete the work and obligations hereof. If Holy Cross shall be required to complete the work,all costs of completion shall be chargeable and collectible from the Developer. In the event that litigation is necessary to collect such obligation,Holy Cross shall be entitled to Its reasonable attorney fees and costs of suit. 7. As set forth in paragraph la above,Developer covenants that the trench,and B75 5—P 5 5 all facilities within the trench SCALE 1' = 1' shall be located within dedicated utility easements and at the proper depth below finished grade. It shall be ITT the obligation of the Developer to properly locate and construct the facilities within the easement. After 0 1/2" 1" r'completion of construction,if It should later be discovered that such facilities have not been properly located W/OM93-11060:90:Maroon Crk.Club Phase 11:3-24-94 within dedicated utility easements,it shall be the obligation of the developer to provide new easements for the m"�`v�"""s Revised 4-8-91 actual location of the facilities,or to relocate the facilities within the easement,all of which shall be at the sole cost and expense of the developer. The promises,agreements and representations made by the Developer 1 / / herein shall be covenants that run with the land and shall be binding upon the successors in Interest,and (// • assigns,of the property hereinabove described. I HOLY CROSS ELECTRIC ASSOCIATION,INC. MAROON LI ED LIABILITY COMPANY, I � ! A C /LI CITY COMPANY j L I By: By: I �w, j/ Kent Benham,General Manager I :Eft W/O/93-14060:90:Maroon Crk.Club Phase 11:3-24-94 onager ... `` '""""""�"1 Revised 4-8-91 el B755 P55 I O B755—P55 1, ce ALE, SCALE.1' - 2 ��� �� I 1 cn �lttlik .1! /- to....0l TIEHACK 1 .� age 2 To A M Page 2 of 2 RESIDENCE < /g I ' 1470 TIEHACK i (! RD.ASPEN CO A 81611 D 1 r * I 1 a --. .J A SD 2/1/2022 DD 3/16/2022 I 0 HOA 2/25/2022 i T PERMIT 2/1/2023 I I Maroon Creek Club i I Sale 1".I(Ip 1 a I LW 1 „ j ul W.0.14050 FULL LAND USE APPROVAL B755—P55 4 RECEIVED a. 2. SCALE,' _ ''°" /oz/ LUA.24 BUILDING DEPARTMENTozs RED 1001 Grand Ave Suite 103 Glenwood Springs CO 81601 O These documents have been 372475 B-756 P-596 07/26/94 04:1.3P PG 2 OF 3 specifically prepared ton 1470 372475 B-756 P-599 07/26/94 04:13P PG 3 OF 3 Tiehack.They are not suhable for use n other projects or in other locations without the approval and 372475 B-756 P-597 07/26/94 04:13P PG 1 OF 3 REC DOC 2. AMENDMENT. ACKNOWLEDGEMENT participation of the architect. -.. Reproduction prohibited without ILVIA DAVIS PITKIN COUNTY CLERK & RECORDER 15.00 approval of the architect. 2.1 Amendment to Section 8.9. Section 8.9 entitled"Satellite Dishes"in the STATE OF ) 2023 RECORDING REQUESTED BY: Declaration is hereby deleted in its entirety and the following substituted therefor: )ss I WHEN RECORDED RETURN TO. COUNTY OF ) Ronald Garfield,Esq. 8.9 Satellite Dishes. Satellite dishes shall be permitted subject to Garfield&Hecht,P.C. the following restrictions: (i)satellite dishes shall not be located The foregoing Amended and Restated Third Amendment to Master Declaration 601 East Hyman Avenue within any easement area including the ski-in ski-out easements or of Protective Covenants for Maroon Creek Club was acknowledged before me this "j(pY't-elay Aspen,Colorado 81611 the golf course easements; (ii)satellite dishes shall be located and of July,1994 by James T.Pearce,Jr.,as President and Susan Frazier as Secretary of MAROON landscaped or fenced in a manner approved by the SARA in CREEK CLUB MASTER ASSOCIATION,a Colorado non-profit corporation. AMENDED AND RESTATED THIRD AMENDMENT TO MASTER DECLARATION OF accordance with the procedures set forth in Article 5 and so as to 1 HR PROTECTIVE COVENANTS FOR MAROON CREEK CLUB be completely screened from view from any other lot,road or o"r...".....fOi 9•. WITNESS my hand and official seal. PITKIN COUNTY,COLORADO driveway within Maroon Creek Club and theGolf Course;and(iii) °+` )TAy the screening of the satellite dish from view shall,to the extent ' ma . My commission expires: 3/ r3 jq'7 This AMENDED AND RESTATED THIRD AMENDMENT TO MASTER practicable,be by natural landscaping so as to reduce the use of DECLARATION OF PROTECTIVE COVENANTS FOR MAROON CREEK CLUB(the and shall be approved under Article 5 referred above. ;_�'.�UB�\�+,?;e "Restated Third Amendment")is made this day of July,1994 to be effective as of �"�F" "'o� � o`�c." December 2,1993. 3. MISCELLANEOUS. „„ � 1. RECITALS. Notary Public .� 3.1 Compliance with Declaration. This Restated Third Amendment is being evhtmaraonWos6/hird.aeed 1.1 Declaration. Pearce Equities Group II Limited Liability Company,a Utah made pursuant to the provisions of Section 11.2 of the Declaration and the Act. limited liability company and The Pfister Family,L.P.,a Colorado limited partnership created the Maroon Creek Club planned community pursuant to the MasterDeclaration of Protective 3.2 Defined Terms. Capitetirred words and phrases in this Restated Third Covenants for Maroon Creek Club recorded December 2,1993 in Book 733 at Page 598 of the Amendment shall have the meanings given to such words and phrases in the Declaration. real estate records for Pitldn County,Colorado(the"Declaration"). 3.3 Counterparts. This Restated Third Amendment may be executed in any number of counterparts and each such counterpart shall be deemed to be an original, 1.2 Certain Amendments. The Owners of sixty-seven percent(67%)of the Lots and Parcels have affirmatively voted to make an additional amendment to the Declaration and have adopted the amendment set forth in this Restated Third Amendment. IN WITNESS WHEREOF,this Amended and Restated Third Amendment to Master Declaration of Protective Covenants for Maroon Creek Club is executed the day and year 1.3 Association Officers. The undersigned are the President and Secretary of the first above written to be effective as of December 2,1993. Maroon Creek Club Master Association formed pursuant to the Declaration and are executing this Restated Third Amendment in accordance with the provisions of the Colorado Common Interest Ownership Act(the"Act"). MAROON CREEK CLUB MASTER ASSOCIATION,a Colorado non-profit corporation 1.4 Supersedes Prior Amendment. This Restated Third Amendment to Master Declaration of Protective Covenants for Maroon Creek Club replaces and restates in its entirety J the Third Amendment to Master Declaration of Protective Covenants for Maroon Creek Club BY' recorded in Book 755 at Page 883 of the real estate records for Pitkin County,Colorado. amees DGr _ T.Pearce,Pres' t By: (9 `-' \ Susan Frazier,Secretary 2 3 — • I — -- -- • - _.__ -- B756-P597 0 2_ B756-P597 0 2 756-P5973 TIEHACK 0 1/2" p, 2„ SCALE:1' - 1'-0" SCALE:1' 1'-0' 2 B SCALE'.1' = 1'-0" RESIDENCE 1470 TIEHACK I RD.ASPEN CO 81611 SD 2/1/2022 DD 3/16/2022 HOA 2/25/2022 PERMIT 2/1/2023 FULL LAND USE APPROVAL RECEIVED LUA.25 02/02/2023 ASPEN BUILDING DEPARTMENT RED 1001 Grand Ave Suite 103 Glenwood Springs CO 81601 O These documents have been specifically prepared for 1470 Tiehack.They are not minable for use n other projects or in other locations without the approval and participation of the architect. Reproduction prohibited without approval of the architect. 2023 384763 384763 8-791 P-822 08/28/95 11:02A PG 2 384763 8-791 P-823 08/28/95 13:0c^A p 8-791 P-821 08/28/95 11:02A PG 1 OF 3OF 3 G 3 OF 3 SILVIA DAVIS PITKIN COUNTY CLERK, & RECORDER REC DOC N la.ae RESOLUTION OF THE PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS /' / EXHIBIT "A. DEFINING THE METHOD OF FLOOR AREA CALCULATION FOR (.�-� Regarding the Calculation of floor area, Resolution 93-104 states I Je netts County "The following condition relates to the calculation of D uty Clerk footage for THE MAROON CREEK DEVELOPMENT garages: square AND AMENDING RESOLUTION 93-104a. Single family lots 4, 6 through 11, 19 through 40, 46, APPROVED AS TO FORM: APPROVED AS TO CONTENT: 47 and 48 may each obtain 500 square feet of floor area Resolution 95- ON9 from the townhomes for the purpose of constructing RECITALS 7 towngarahomeses, . No Nlect to o exemptions iforthe square footage from the WO- 01'l(i�- Use Code are garage space under the Land Jo Ely, suz ne No than, Director permitted for these lots. 1. On June 15, 1993, the Board of Commissioners (hereafter Count ey b. For Single Family lots 1, 2, Co ity Development (Board") granted Final Plat approval45 limited to a maximum of 10,000 squ and 41 are feet which (formerly Pfister Ranch Golf County for Maroon Creek Club 45 areel garage space. No trading of square footage from Ranch/Golf) pursuant to Resolution 93-104. these lots with the townhomes is e 2. A discrepancy exists between the detailed and final plat permitted. No resolutions regarding the method of calculation of floor area exemptions for garage space under the Land Use Code are for homes in the subdivision. permitted for these lots." 3. This amendment is intended to clarify the method used to calculate floor area for the single family and townhome residences. 4. The Board heard this request at a regular meeting on July 12, 1995 and finds that the amendment is consistent with what the Board had originally intended. NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners that they hereby amend Resolution 93-104 by adding the following condition: The square footage permitted for all structures within the development shall be calculated by the regulations in effect at the time the building permit is issued for each structure, with the exception that garages be calculated as in condition 4a and 4b of Resolution 93-104 (attached as Exhibit A). ,,,,�/r APPROVED AND ADOPTED ON THE/ DAY OF .2uLY 1995. BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By____WA.. 7 Michael Ire 4 and, cha fman Date ATTEST: TIEHACK RESIDENCE 1470 TIEHACK RD.ASPEN CO 81611 B791-P821 B791-P821 B791-P821 CSD D 16/2022I SCALE 1' = 1'-0" DD 3/16/2022 SCALE:1' = 1'-0" 2 SCALE'1' 3HOA PER 2/25/2022 0 1/2" 1" 2" 0 1/2" 1" 2" = 1-0' PERMIT 2/1/2023 'L FULL LAND USE APPROVAL RECEIVED LUA.26 02/02/2023 ASPEN BUILDING DEPARTMENT RED 1001 Grand Ave Suite 103 Glenwood Springs CO 81601 AMENDED PLAT - ! These documents have been F specfiwllyprerparettir 1470 I v q'a s {^ Y �^a .^�+ +t Tiehack The tsutlable,or ' "" - ,p,/p� ! gig� @` ,�• vA,�+ a ,'`/� " `f �i ;'gg' �'S I I ,./q',! � � t I use on other a�as or n other -3 .a. 1-3. 4., ^W B a d "�.F a"T� �' Oa �.J ' J J�A .J./L `a.t`', i s k1J� a- s �/ p locations without the approval and I`I participation of the architect ' hh PARCEL OF LAND r-i'rT;y T4}^,� IN A PORTION SECTION TOWNSHIP i RANGE q OF THE 6TH P.M. f Reproduction approval prohibited without I CERTIFICATE OF OWNERSHIP N PARCEL L. ND STTI A ED PORTION O SEC T IO 11, =O '�1V tiHI 0, RAiV i.;E 85 WEST M _ l of the architect. :"LOW ALL PERSONS sr T'.HE'SE PRESENTS THAT THE_7N RSIGr-ED HEI E THE OWNERS CITY O L` ` f1 T ?'� '�3i 3 'J T STATE `+7 A .�+ OF rr'3 (}R jI T'� 2023 OF P PE?Tv DESCRIBED3 `J 1' ASPEN, COUNTY_ 1 u: . iKIN, [� COLORADO DO I SHEET i OF 2 I I 1 v LOTS 1 A.2 MAROON CREEK CLUB SUBDIVISION&HILL, ACCORDING TO THE PLAT I '. ' i� ft'"-..y.��, s t 1 I I THEREOF RECORDED .OVE R 15, i933 IN PLAT BOOK 33, A<PACE'S a 1.5, AS / - f 1 i _ 1,, ��-- �'s -,I ` • r'xG'"Y"etlYE3R 27 "'h. 74 ..IHAVE B ✓ r R., EN`S AMENDED SAID LOOS AND DO HEREBYDEDICATE H I Z 'siC i_; . f` :F�4 +t {,[`. z .3 ARIA ACCESS EASEMENT A-.SHOWN NEE.S"JNN; FOR THE BENEF T OF OWNER OF 1 7 , 42 ," ri, t ' I ' i LOT THEIR COASTS AND I..TTEES,. S79r"EC"TO THE RICHT 0. ALL EMERGENCY t' I 1,,,` t z d t.a' _s h-.r ' '-,`-s I I E O.,FAKE USE OF IPPON ACCESS EASEMENT IN ALL REASONABLE \:.'� i p k>,} j. .1 CIRCUMSTANCES ADDEUO aAL DEVELOPMENT ENVELOP AREA , I t � ,, �4 ,; 3, c A fIJ' D3sCRIDED PROPERTY IS TM SANEAS PROPERTY DESCRIBED E.T1- - d E - :�i i v�� .a.�T TITLE COMMITM"NTT 1"001D BY P IER?N'42E'TY TITLE, ENE u710 3.A5E"4vlC:7s".I", ' .A_BA DOMED DEVELOPMENT E'a ENVELOPE AREA f ' 1 `, 1' -- _..�`: .� t ^� {8 EFFECTIVE DATE a,'OBER a zoo it ? I 1 ,,§._ 4�� . /f -Z t d;*' • '' 1`3 I it Ea'2 Ts HIS -BAY OF 1+.' DOOM. i F �q_: 1 $i_t.T ^ �_ O,Y.'rERS T f OWNERS, v7 2 I : I t�f44 ,'t,S` - 8r,.0� rs ` ${ I � qI I B - - Hr ¢ t Y• • r TO KcAN• DAYID STOCKMAN L.N TABLE ! $ I ! 1 ;I - f f LIM LE' ET" BEARING yATE AS:SESs - 11a R k >;FI " � ` udF'- .y.._.,, _- .. -.......-.. - EASEMENT ,. _. LS y2c13<: _/ Y+,afi" 1 S ,#� W ___-_- Bf:- --__ „, I ...2,- S 76.4 09"' tF i 3 j..�. I �-�. 3Y - ., "�'?vjm I, r' D. 3.CcrArr _ Er a FER>sT¢cA v 1 s ` ,� ,� u` fl' 144 F. uv 2a f7 N 2¢ ¢ W Nor `E 2£5.22' ° 1 � .fT _ t / � ,td , � 7E 45 "3 - E44.38' ', ,€ § --.' 11 ADDRESS I L4 23.82 .N 25`08 4" W I t 7 r •. ! ,,gg,,,,°� P o„q ,p• 3E,;: \.:t ly.I i S 1470 P111 CK ROAD L5 I 15 9 t 2 75 2 19"`E i 2,-,a$./' !*a !s, ".-."'.,.N,,. ,€ , '3 /, 31 L I ASPEN Dry ¢31511 zr I 2¢¢R' 1 N 7¢RO¢¢ E ' If l/'�' lx+ L7 2000 I 4 70.40 00"E i s �crE _xsn:,s a�-r,�a_r- cjP xAE000RADv I i 2 QFf V 7¢5¢J+1 .3Ifi • II` i`.. .>�. ~ I ir m ,A) - !- <k E `�\, fLSS EG.f)T. I s 22 su ¢°'E s �l Ili / : /,- i. _ ,l 1.• ,:e.A 14 ` , 1 1, THE ABOVE AND r•O.$E✓'IAV ocagez wr WAS ACKNOWLEDGED BEFORE- THIS S,) / cy �,-7;c' + r - ,v"~ $z 1 1 i. i • DAY OF ?-.u, . -_ 20..7E BY J. -STOCKMAN&D. •'d i j ). ` f - t�'•y�. .3 3 P -'z 'r• f/ t ...'i [' i+F. t STOCKMANAS OWNERS OF LOT f AND D-YID STOCKMAN A.JEN-7 ER STOCKMAN AS !j / A-, ` 0 / \ s" g -C- I f'' €to, fr. I€ L is.iP " {' > ''..Y`31� - .! b i OWNERS O F LOT 2. ` ,✓4 c ¢¢ a I j ' N/'�/ xr \ - s ,/ ^Ti'F i t1',\41, \fix f� A, x',i, WITNESS MY HAND AND OFFICIAL SEAL CORNERL 3 5=4433 1 I/ �'+'��t/' �/ \ J! .+�, I i T IV y,,IN.i s ,' ,2-, T Fs5 ;.�; 1t{ f 1 ,�# GP.,,,ij 4y t \ / / �� �!a J L .Si MAP k'd: II w L a' _` _ i AL, n / >`{ / / r i'�`vuw tl 9c&:fIlS { i ,4 / '`,I - 1 11 CITY APPROVAL,,F T AMENDED PLAT DOE NOT CRAW COM.tt,.�ION EN 11040'- a- - \ 1' t/z /� / _ ANT-RIGHT TO CONTINUE ANY MN-CONFORMING INSTALLATION I t I Y ADDRESS IS s :__ . -�=t4 _ -*4_� w4rj - i OF FEATURES OR IMPROVEMENTS E`.ENTS NOR 41P_R073 ANY E'1F T M i Oo o, v 38'. 1 r 1. OR FUTURE ENCROACHMENT I 1 Inch-I S :v a /0 f? sM`� / ,/ �' 1 1 � �4 / j 21 THIS 43 PROPERTY IS LJCATsr'e'ON 201 COUNTY, I S TITLE CE TIF-_,^ATE a f N9ff©¢'✓C" 2629&'� / .�s5 y CGLfiRADO AND 1CORPORATFD AREAS FLOOD INSURANCE RATE 194.94 Sf HAP, FIRM Pd"RE 9. 2u$ SHEET N. O5097CC1,C EFFECTIVE `+ THE UrJu,S:SIG'E Er.D.r_ P,K`a €O-�?1Y.7E#cuss / / z :'�-,- / sY i AL'THGRIZt'REIN COo7r'TATIr3 OF_O, !QJIrTY TITLE, rzs€ mr / / "' / 44 DATE,:UN3 4, 1987 THIS PR.2PERI•Y IS WITHIN 2'1003--X",, # INC., P,EC T 3'R0, O DO BUSINESS? PITXIN C¢L:-00 COLORADO, DOES 3, RY 1✓. 1 _IDENTIFIED AS AN'AREA OUTSIDE THE'500 YEAR FLOOD " CERTIFY, PURSUANT 0-SECTION 2¢ 15'4 OF THE ASPEN ISCI C PAL CODE, THAT THE j` �' t - P, �(7 - PDAIN`. I Evr,E cv Exs,cue ASPHALT P3RS N S LISTEN AS EWERS ON THIS AMENDED PEAT%G 5`t7.w�FEE SIMPLE TITLE T9 ? - / ,f / S'/ v/€'�' € S HE REAL PROPERTY DES,,A BED HEREIN, FREE A4l CLEAR Or ALL LIEN'S AND / l' J` / 3j TINS LOTS/,S 2:3o'AROo'V CREEK CLUB S IODIF't`SIO^v r.U-D. ' ENCUMBRANCES ESCIFT THOSE LISTED ON THE TITLE COMMITMENT ISSUED BY P..KN / / _ -. a``" .^� AMENDED PLAT WILL ✓4:�.'T 73 CITY(V,,N"JL¢P.Drr 101/NI4'TCTLb 'loO, UNDER CASE N¢. I IY15691PI{ IsFFEC'T•'V'E ATE¢CTOBER S. 2¢¢2 i 5i.2r' f / 7AIvCE' LOT 'C .r+o. _�2 SERIES OF 23O 20' Y �" , y/ gtsl / i/ . ALTHOUGH WE BE,fE'VE THE FACTS STATED ON THIS AMENDED PLAT ARE TRUE; THIS j ✓ i 3.817 ACRES ± rl ,i CERTIFICATE IS NOT TO BE CONSTRUED AS AA'ABSTRACT OF TITLE, 10CR AN OPINION i l - / 1 •✓ / THE FLOOR AREA DP LOT 2 SNAP'Hs P.ESTRICTCD TO E,00O ¢l TT!&€; h'¢r'.A CL'F fi2A.�+"`!Y OF TITLE, AND 17 IS UNDERSTOOD AND AGREED THAT / i n / /" _y. Y� \ / ! §+f l/ - sq. FT. PEER T"E AGRE'E'3€3NT✓F THE 4 F.ROV •r iN CITY P£TKIN COUNTY TITLE INC., IElHER ASSUMES N0R WILL HE CHARGED WITH ANY t 8.I COUNTED / '; 1 J / / CL,LIz ORDZVAI.DE �". .� af„Zi6 OF .`F'T-=S HINAATI AL OHL/.4 t OR LIABILITY WHATEVER ON ANY STATEMENT CONTAINED Pr j ///1/ r/ i LOT 1 { , 5.! v f/ /` y sib. I I{ s g t s f l /1/` / _ a n tel I / DATE OF SURVEY UP'005 AND 11 2003. BY £=�'ka^'' '` 2 DATE_ J33 `,'I e zt /'J Y! i (/�/� '`. ,I: / i/ j/ 1 1; 5 �.-.PR3gi$ENT' s 1�I ' s ✓// Rl d / ! / 2% DATE �'_PREPARATION sE�'I"EMBER 2¢OS- I f 0 REA.:CMED gC.�•Is1,'+« ! I i 1 �.- ( 1\ ✓ l 71' ' #sz :° a Him ExC�u 00 s:soar,0T 1 1 4 S: , I - ` S 1 / / 1 _ 1! f I BASTE OF BEARING: A BEARING 5 OF,v^20 0 '¢T t ADDRESS: 601 E• JPASSAT ASPEN. CO 816;1 U, ASSESS cF,S'}Ef+t 1 1 2i a HOLY.a.Cr.RECEPTION 94'-sn'.s / It _ - \ �, ! _ �� J / { FROM A FOUND RELAR ar CAP 21 i 9184 ON THE' STATE OF CGLv ADO i 1�/ r:) / 0 4% `�- ,_.,;'' ~ j p - ( ..„/ } NOV r(3 123 a dr'�T f, 7`O A F7ER REB9R&CAP 7 j SS 7 f'0."! r o f �-- r-'�L 1 $ 40' ��-.j s 1 L.- '2E,33.,N THE A. CGP.NE'R GF i,9T f 1 COUNTY OF aET47.'✓j I /j1 . / 4. ,':r,0k I t 20" h.T /� i '' `§ /, l `tl' 't-, i/S \ �' h 4,; HAMS OF SURVEY: THE FINAL PLAT OF MAROON CREEK T LE CE'2Z FiCA"E WA.S AGE�rv.YLE'i,Gs"D BEFORE Afs THIS "''" 1,4 OF // t \ 'i "' -° 54'S2 a CROP,, SUBDIVISIONAND ?E'.D. IL BOOR'33 A PACE'S .a'<=Y'�s` .2¢F BY -OF PITIftN CYIUNTY j/ /I I !i I' _^; . , / S'.78' f i I 1 4-€E RECEPTION Es- NO OP THE FITIH CNU.VTY TITLE THE.. ' ,I'f.„c 8,,,^*` _€ °*« ;>.. r-' t SOJTx wr'cE THc I (.j i I S0'I'"/ e 4 �i__l tf-irlrh'1 5•v 'ur:'tce�s 'Vi I t RECORDS'AND THE FOUND MONUMENTS AS SHOWN. 1 A'V::tp R INK F%frk,PLAT OF II �?' r 43" i CUItt F .g.i 285A3 i / COMMON 1 WI0N S'.32Y HAND AND O,T,EICIAL SEAL MAROON CREEK- 0 SUB./=.uw. 3 i , sO , j s ,\ r .6 ; I f P WON 33 AGES 4 4 1 20'I y-1 1 5) _THIS SURVEY DOES NOT CONSTITUTE ISE) A TITLE INE� H RECEPTOR '30' / 1 19283' i zf'a156".k ' ? + S¢PP- I'/Cl 3- he 30/SE ."O DEE^E!$'+Vt' t \t • ;t 7 / - 3 1_ _ _ 8 5og,w' ., o - 1 OWNERSHP OR EASEiIEN'T OF RECORD FOR ALL 1 1,1 m'r;- _ !^-1,--REe R,cAP ' / !7 1 ! _ i 0' i NOTARY r i"BLIC 'x r -5,�2<13_ 7&545.' I 1 1r42T' ¢ ¢,(3¢' �♦ r 1 INFORM# OY P vAF.D I EASEMENTS HICHT }=AY I G a ' AND/OR TITLE OF RE OR0 .'RELIED UPO- H I ME ¢MMI SIGN EXPIRES 1 .. F' •'.- - .L=tE OF-„E /" ! I' 9?!'b�5��' --- ,BOLE AID FLAT OF MAROON CREEK CLUB I �. -_ - .' I i' SUBDIVISION.Y•PC.D JUhT.Y TITLE, CASE c s'x.,`T15o9 FR' MY AGDP..ESS LE - :. '� 3 € T:AE `\SAS ,Y:Yf HA Put"', .33:/Nix PLAT TITLE t,'SE .�€PC,TENT i `' . -. _ s!cr4 yr .f',.- PREPARED BY r?'T•?3. PEAT BOOK r'-8,Pii, S 9'5-ISE / BEFA"CTIVE DATE OC OBER E, 2003. RE.._,PON 4.x`940 CITY(.2903UNITr DEVEI,OPMEIr'T DIP,ECTOY APPROVAL _, / SURVEYOR CERTIFICATE o ��� TIEHACK A T S. E PREFA A 2FY.S '75 LAND 2 MAROON OY EO HEREBY BDI IY ;HIS AMENDED PLAT OF LOTS 2.HE C''✓CREEK CLOP SUBD,';'IStON a'.....1515, THAT r "LA PP.EPAP D THIS LOTS t T 2 MARROI -R=.EK CLUB SUBDIVISION sr£¢W& RESIDENCE CURVE• TABLE' SHOWN HEO.F 7 WAS APPROVED BY THE CITY HIS,COMMUNITY DEVELOPMENT i I I RUE, AS/LATE, T, PLATTED DEDICATED AND R 1/7iv HEREON, THAT THE SAME DIRECTOR OF THE CrTY OF ASPEN COD9RAD0 THIS;?TJJAY OF A.=F.......I ..- CURVE ,LEN H RADIUSITANCGEN9- CHORD ' BEARING i DELTA RASED r r- } IS TS THE ON.,QUID MSE//TS 4 LI/SD" UNDER MY AS SET FORT' THAT S C2 227r z¢.¢¢' ' 1r.e3s I 2.27T' . .v f7•s¢'ro"`E I 4•¢a'¢¢"` 1470 TIEHACK 2/A + MEC"I REQUIREMENTSCONTROL OF A EAND I"ION 2'PLAT AS SET FORTH i 11 CRS C3 i 27.w`h' 42fi0' • r4.30 I 87:07' I N?t12'.32'"W I Erse"r4"' SECTION 3e 51 106= THE Cl/"-L PRECISION r--.'2'/UCTiO THAN 1 IN T¢=nt¢. RD.ASPEN CO SIGNED___ ''� '-' - _ C4 93.27 X24,00' I 49 37' 3f.74' I N O5`2871'"E 43 25T1'' RECORDED EAS.,PdENTS, .R.r;D S OP-WAY AND RESTRI T.O'¢Iv'S ARE THOSE SET CITYCOM. r.rTY 3c^3'E.OP1E_A2 DIRECTOR i I I ., i FORTH I/O'SECTION 2 OF SCHEDULE B USE,,IN THE TITLE C¢.6377ME*f ISSUED 81 61 1 £t 27.34' 4680' 14.4¢ . 27 fig' ' S r0`2B'3s° W 188 24 28ASPEN CITY COUNCIL APPROVAL CO 1 11¢-¢7' 76.00' • $7.22 fO0"7O' Ie Ayrt5'46 3 : 8258.48, I BY PITETr1•COUNTYTITLE INC, JYDNR CASE Ii0..FC_15691PTr, EFFECTIVE DATE j ! i OCTOBEF 200 THIS AMENDED PLAT'OF LOTS 9 a 2 MAROON CREEK CLUB SUBDIVISION&PUB, C7 ; 5729` , 52.0¢' , 3929 62159' N 29,10 46 E i 7408'46. 3 �*"It •2.. COMMUNITY DEVEL`PMZVT ENGINEER'S APPROVAL S.EEDI%HEREON, Wrdt7 APPROVED BY TWEE CITY Jr ASFB*J t0"Y f7usyc_TL Gry THE I =8 476Y 1 100.©0' I 24.27' , 4716 1102'8S 04" W i 270E'4c' I DATED_4._ w ' - 2O¢� I HUD. DAY GE_.):nst4 _ 209 . BY OEDLA'ANCE NO SERIES 0,3_3, C9 1 5.23' i MOO' I 255' I 5.24' N 24'88'08"A"I r8`48'28' ! ; ✓ �- I THIS AMENDED PLAT OF DOTS/E 2 MAROON CREEK CLUB SUBDIVISION s -D, RECORDED IN THE OFFICE OF THE CLERK AND RECORDER 0 PIT_CI,N ANT-, I ao I SD 2/1/2022 �. STKiWN HEREON WAS APPROVED BY THE COMMUNITY ISE'f LDFa€EIUI•3NO_Ih'E`R 9F CYjDGFA17O IN BOOIL--17N PACE_ _'....-=Au^RECEPTION NO `F ' "F T LIE' ' .58' ,7 -04" t8¢0' E5.59' :N 2f 51'48"E 4°y'15" _- T`.�', '�/, - _-_- t DD 2/25/2022 1 THE`CITY OF ASPEN THIS_ r --DAY OF _� 20O:a,. COP 8T.98' 30¢.¢¢' i 41.25' i 8T.?2' N 24"21'31"E 1 4305 '54 .. PERMITHOA 22/0/2022 I .�"`" DEDICATIONS AN SC F, SHONE HEREIN ARE hEFc3rrP ACCEPTED/ MARK BE P 43 f, C12 I 81409' • 4T¢.00 I r65.r6' - 8¢O$.s -�.821°¢8'14" W 14.45656" { '-- `-, 2/1/2023 .1 SIONED -1 a,er, -- - �t C72 55.78' I820.00 2796` I 5571' N 20'z'7'SU'E I 9.,,914 - i N,7,DEVELOPMENT 13/WEER gggrrr d�, _ >f Cf4 1 56178` I 8oz i 5331 I 90.82' I N'ff127Z"E i S:�1r3" . r rz N E, IF'"r^E S DATE I 9 ! -(`� T�' ENGINEERING I r,i 7�, '�` ('� THIS AMENDED FLAT WA FLED F9R tc C7TF:D,;v& TX3 RFF9CE A 3 u i.e"Rrf I I ATr^EST 6 .�G � V� :�a. L,FIi s E - Zcl/ el•'R REC03�E�'s F P N C¢UrlTY, CCL¢F.AL AT 4 O:^L€J�P• A� Jh,C Z3 E.�fTL co v FJ` L�A v'R'- TILE__,_. D ,' F,r, f s,... 200 A s&:s RA `v a0cE=5 L. I I SO2 M}aV Sty xT er j2F A3ill 492528 FACT s v3eEn1N D_ s r a s 4 4: sRI 5 N0,.000 .Cp RBONDALE, CO RADO 8162,3 !III II11II1111I1 I I IIIFF i I•II l�l II!I1IiII III' Pz ,a 4 , a . f- . -__ < s , 1 s v= r eP7(1 �_ n i .. .. .Tee D 0.00 L fND E..,C, 'R, €P= =� .e_ s CENT" a ame,_c,e .0: •'. �'-E` ` €a Q�pA�' e'er-e z- FULL LAND B68-P13 USE APPROVAL SCALE 1055 1 RECEIVED LUA.27 02/02/2023 ASPEN BUILDING DEPARTMENT 2RdAMENDED PLAT OF `,\ 'Z l t,w:-, .—�.,;:$ " , F. "�°,, 2ndAMENDED PUTT OF tk%, .� ;,,�,,,�. m �*''�a:' 8r , ► 1 5,3 ,� i RED ,"'"—.s.= LOT 2,MAROON CREEK CLUB SUBDIVISION&P.U.D. 1;� 4r x-- � -�,-��_-° LOT 2,MAROON CREEK CLUB SUBDIVISION P.U.D. ,-. �.-,. TM i 1"y ^h P d,A ACCORDING TO THE AMENDED PLAT OF LOTS 1 B 2 MAROON CREEK awl SUBDIVISION B PU.D- ..I,'k,I .sue.=.w,n x=.s>v,.vu.,° �:,K=u,a�r.,,w,,. ACCORDING TO THE AMENDED PLAT OF LOTS MANQONCAEEKCLUB SOBDIVISION BP.ND. �.t�d.;+ ""(> ,,.yy�" ��.aE,M a�w�N,�cc xw°°a�,.�M H +A��F � :., i _ 'IGG'I GfBnfl AVe IC)A,, = icm.uun.wu ,uwn rc,u,=wrs MVOSF OF MAMA. AMU THE OEVELOPNNKI ENVEIOPEAIM PRIVATEACCESSEASEMHI/AS WAN 5+'.,�" TNFFURPOSEOf THlB AMENOEO PLATES i0AOJUSi NEOlYf1OPMFNIFNVELOPFAAOPRIYATEACCFb5 E1SEMFNTAS SNIXYNHEREON {' 7;^„ - � „t Suite 103 atzrtar �... �." ' o<t r .=.x23 aleetlarz ( k«;ar t ,a- tiI ;y�euA J� \ I SITE , l ,+ m., U=I� wd , r — a 8iTe r GIeCO81601nwood ings ww�.„, /va»ec 1�, m.� �''tt\ ,,.,,..,, mz ".?al '� ,i. f °,,..°ew s=� :�„s. ?n,mxnec r>ir; \.,yam, ,..” ✓:r "° �'' a w „1 wa wa /.- - _ ° ° Patin, S �� _� vwwm T� These do c ants have been ✓ ,w.,, 1 � specificallyprepared for 1470 , ,„ ,, ,.°�A w.re , Fw . mwrew + Tiehack.They are not eueReiefor " ».._ / : \ N p ,/ _- : u .n / • . �y JJ ""_ + / � use on other protects or n other 'r.._ locations without the approval and -" Y�" ` . ,y - p4171 y �. ky. � m participation of the architect `" r ` $ - Reproduction prohibited without ww,..,.,wlwH'S-X'', - V Y „ sz I I H47 '. gl, approval of the architect 1, �r2 � >„�. „c�. � .,.. z�a ° te G ..j, _i a vA >i t7 I LM� -- , t . ___' 2023 y f ew /ax v �p /�a � 4> wn.r.DeIJ. .r� d rrm,belOw. m ,r,..�.w=. `� snM»„=,„or.3„=, CaDbmuawtli9. _ .°.m,.;,,.,�,�.,,. N/ \,,,.°,,..,, / °,,,.�.,__.. w,4 ar cF r.° �rci`v my=n-. �/ x u,rm.rrc=w.. 4. 41 11 .sunv men-r '/ wu FJ v \ \ / I _ rc,, ,m x.cr=, _ m- ' \ \ / /i P9 HAUF=P,PF / rc n Fi Vaut✓RO Afob U i. O \ C 1 G,/Auk I. 1 - z1 Asa.enF+IL i 1-: 21. -64TAW "4- I' � r I. �. ` �'' .�....-.. .. mac- ... ., .. ,.. ... ., ...... .. - b... .... .: { k -- - '' S _ t, .,. "x -T� /S. _f ,r I - '° - .- av Si? F 'I ` %•> r\ ,,- ,,E-6-.,,..,,m,,,,,m-,,6,6-,8..dr:,,,,i,L,,/ At : ,,,,,,7,,,Zi,,,,i,---,(,.A// '41,4,, ,,,,'-''- \-\\,,,,Af"42,,, , ; . 1 '°- `''''''',,A ,66. ,,,,,...L.,6.6,,,..,66F6L6,,,Lr.•6 3,8_,,, i ' ,,,,,,==`,. ','''1/ ...., '',, , \ , 6.,:f„f':;1' ./ ,' ' ; '''''''"'''' ,,,,„ a r ' ' ,. RkgE ' � w'••x•�'�', 1 V ..-..-- t 4.7 g tt � .wu . a I I� � . #. � ,a_ g'�...rz . , m w p - / cY,A,,,o_6kmrdes , t I I I /I ! o —L e a��. ��ww w.,wm ••a.rz 'F SIMI•POD W1 14..,10 tat va wwTwmw -7 Nijggrea ,wsa _ wra i',r vs.=ru EL,, I LEGEND J iuwA-,. ==x:..�..m.oF=,ms,., LE '�",e .,uu�>xa .TMS—=a+=. n ''" - „�,- w ,w awu ...—a, , CO ._ ..,e.m�t�"u -_ °.,a. w<�m, .a.mar T 8 Z71. " 1==<a-..�.:5.f.., a'°w -- °a,_ °,.,n.. '. I s z nr, .,r m .r°� ze hrlxwnw,w .,u=uo wss. ”°,� _�o..o A c 3 1.2 A n2e,F.. qq n ---t $ ,�ox,c L 9al,v a YC Pvge a 1 L v 4 c.4N3nw nnnw la 9 BwYc 3 Ooye,? e v 4 .tWe w N .".m: .,", ..°MC° ,CO �tttr - N 1 god AMENDEb PEAT OF .131 is ,k m LOT 2,MAROON CREEK CLUB SUBDIVISION&P.U.D. 2, ACCNfwNN{TO THE AMENDED PLAT OF LOTS e a 2,MAROON CREEK CLUB SUBDIVISION 6 RUA ql Z THEREOF RECORDED DECEMBER 19,2003 IN BOOK 68 ON PAGE 13 814,ASRECEPTMN NO.492628 # SeN,eetz m...w5 11. '"' m ,rz :,n -•---t! a rn 2a` # ,=,w— „NORTH $' bet m ..ne. P E nlriolAzs x,t hem. N 17,f„.,,,,1rk Ag g / 1 N ,1 1' �� TIEHACK ¢ t a P ,A Q` s o RESIDENCE ..�,.. _.il z '1 /§ 1S a N ? 1470 TIEHACK i., o RD.ASPEN CO 9 81611 I I -- SD 2/1/2022 DD 3/16/2022 LEGEND_ CO HOA 2/25/2022 - 1 W PERMIT 2/1/2023 E E ,, M 2 FULL LAND USE APPROVAL RECEIVED LUA.28 02/02/2023 ASPEN BUILDING DEPARTMENT RED 1001 Grand Ave am _-- - i Suite 103 — -�_ Glenwood Springs i CO 81601 3 j 1 1 pa 1 a These documents have been specifically prepared for 1470 Tiehack.They are not suoable for 1. e on other projects or in other locations without the approval and '. participation of the architect. Reproduction prohibited without L VISI PLAT D FOR 1 approval of the architect. i zoza _ s T k A A ier .0 N._ . p 1. 1—K g 1 g 1,,,g_ ,,, 1 _ i 1. \c\ AN , A �� ' %rat ii \\\? i\\ \\ —v \i' _--__ f\ /, N J iff f,��j_ 1 4 l is s,/ �` l �!'�i A r. ,, k, ice; r , - - 3 V ir J 114 . E/ R j,—.� 1 -tp. 4I r / x r. ., MOUNTAIN . ' 11 f-0_ u it di !'01 1) I i k; j'4. ill;r s ,„ Q - _, n , _ t Ali i 'a p „ f f \11 11 al I TIEHACK i 1, 1 RESIDENCE i \ 1470 TIEHACK w 1 v '` `-' RD.ASPEN CO 1 81611 € F j SDO 1" yy c ',, TIEH C � 2s� R 'e DD 3/16/2022 TER it5S L !! 1 PER 22/1/2023 r B3.ts 4 MILK _ /7 - PERMIT 2/1/2023 I Alpine Sue v ' . 1 ! A w s/471n�e,e_ s ..� ,- � .z�.a -,� Drafted - rA� �LA`� _REEK CLUB m � RAI Office Sox 1730 MAROON SUBDItea,. t,O P € EE= VISION U, .. -tee i.,.a+d 1 OF FULL LAND USE APPROVAL RECEIVED LUA.29 02/02/2023 ASPEN BUILDING DEPARTMENT 396644 09/03/96 03:12P PG 2 OF 4 396644 09/03/96 03:12P PG 3 OF 4 R E D 1001 Grand Ave D e....AvA... ..-:--t• *� 2. REPRESENTATION been assigned by PEG II to Maroon Creek. For good and valuable consideration the Suite 103 396644 09/03/96 gh 03:12P 1 OF 4 REC DOC UCC SILeceipt and sufficiency of which Is hereby acknowledged,Maroon Creek hereby assigns Glenwood Springs .`c c DAVISDRVIS PITKIN NuVu n... 'WWI MI COUNTY CLERK & RECORDER 21.00 2.1 Maroon Creek represents to the Association that in the construction of all of Its rights,interests,obligations and benefits under the CountyAgreement A eement CO 81601 all roads subject to the Maintenance Obligations(defined in Section 3.1 below)that to the Association and the Association hereby accepts such assignment to be effective i 1 RECORDING REQUESTED BY: it complied with all of the Pitkin County road building standards. Maroon Creek upon Maroon Creek's delivering to the Association and recording In the records of the WHEN RECORDED,RETURN TO: agrees to Indemnify the Association from any loss or damage it may suffer by virtue Clerk and Recorder of Pitkin County,Colorado not later than five years after the date Andrew V.Hecht,Esq. of all roads not being constructed in accordance with all of the Pitkin County road hereof a written notice setting forth the date on which this Assignment shall be These documents have been Garfield 8i Hecht,P.C. building standards. effective. In the event that Maroon Creek falls to deliver and record such notice within nac prepared ortbeek The°ae t oai for 601 East Hyman Avenue such five year period then this Assignment of the County Road Agreement shall be otoelonaotheryo ojectsorinothertl approval Aspen,Colorado 81611 3. ASSIGNMENT void. participation of the archnecl. Reproduction prohibited without approval of the architect. ASSIGNMENT OF ROAD MAINTENANCE AGREEMENTS RELATED TO 3.1 For good and valuable consideration the receipt and sufficiency of which 3.3 Pursuant to the provisions of Section 3.11 of the Master Declaration and 2023 MAROON CREEK CLUB is hereby acknowledged,Maroon Creek hereby assigns to the Association all of the the provisions of applicable law,the Association hereby accepts the assignment of the PITKIN COUNTY,COLORADO following rights,duties and obligations of Maroon Creek which are collectively referred foregoing Maintenance Obligations and the County Road Agreement and agrees to I 1 to herein as the"Maintenance Obligations." All references to books and pages are to perform the obligations hereby assigned at its cost and expense in accordance with the the records of the Clerk and Recorder for Pitkin County,Colorado: provisions of the Master Declaration. The Association further agrees to indemnify and THIS ASSIGNMENT OF ROAD MAINTENANCE AGREEMENTS(the hold Maroon Creek harmless from any and all loss,claim or damage arising,after the "Assignment")is made this '1,0 day of August, 1996. (a) The "Maintenance Function" as defined in the Road Easement date hereof(or In the case of the County Road Agreement after the effective date of Agreement(Aspen Skiing Company)among Pearce Equities Group II Limited the assignment),in any way from the obligations assigned hereunder. Maroon Creek 1. RECITALS Liability Company("PEG II"),Fried]Pfeifer,individually and as Trustee of the agrees to indemnify and hold the Association harmless from any and all loss,claim or Friedl Pfeifer Aspen Real Estate Irrevocable Trust No.1,Aspen Skiing Company damage arising,before the date hereof(or in the case of the County Road Agreement 1.1 Maroon Creek Limited Liability Company("Maroon Creek")has entered and Patrick Henry,Jr.and Kristen Henry recorded November 15, 1993 in before the effective date of the Assignment),In any way from the obligations assigned into or has accepted by assignment certain rights,obligations and liabilities relating to Book 730 at Page 938. hereunder. I 1 the maintenance of roads constructed or to be constructed in accordance with the Final Plat and PUD for Maroon Creek Club recorded in Plat Book 33 at Page 4 of the (b) The"Maintenance Obligation"as defined in the Access Easement 3.4 Maroon Creek hereby assigns to the Association are warranties of any real estate records for Pitkin County,Colorado(the"Maintenance Agreements"). Agreement between PEG II and Community Health Resources,Inc.,recorded nature whatsoever It may have in connection with the initial road construction which November 12, 1993 in Book 730 at Page 774. it received from its contractors or subcontractors. The assignment of such warranties 1.2 Maroon Creek Club Master Association, a Colorado not for profit relating to the County Road Agreement shall not come Into place until such time as corporation(the"Association")was formed pursuant to the Master Declaration of (c) The "Maintenance Obligation" as defined in the Declaration of such assignment becomes effective. Protective Covenants for Maroon Creek Club recorded December 2, 1993 In Book Restrictive covenant between Maroon Creek and Arthur O.Pfister and Elizabeth 733 at Page 598 of the real estate records of Pitkin County,Colorado(the"Master H.Pfister recorded December 22, 1993 in Book 736 at Page 335. 4. MISCELLANEOUS Declaration"). The within Assignment shall consist of only the obligation to maintain the roads which 4.1 This Assignment shall be governed by and construed under the laws of the 1.3 The Master Declaration and the Maintenance Agreements each provide are the subject of the Maintenance Obligations and not any obligation to construct State of Colorado. for Maroon Creek to assign certain maintenance obligations as set forth in each of the such roads, as all such initial construction has been performed by Maroon Creek. Maintenance Agreements to an entity such as the Association. Furthermore, anything to the contrary contained herein notwithstanding, Maroon 4.2 This Assignment shall inure to the benefit and be binding upon the Creek shall remain liable for any construction obligation set forth in the Maintenance successors and assigns of Maroon Creek and the Association. 1.4 Maroon Creek now desires to assign and the Association agrees to accept Agreements. the obligations as set forth herein. 4.3 This Assignment may be executed in any manner of counterparts,each 3.2 PEG II and Pitkin County entered Into a Road Maintenance Agreement of which shall be deemed an original,but all of which together shall constitute one and recorded November 12, 1993 in Book 730 at Page 739 of the records of the Clerk the same instrument. and Recorder for Pitkin County,Colorado(the"County Road Agreement")which has .:w^mw.a,.r.00r 2 <:unnw.,.....mn.00: 3 Reception No. 396644. Reception No. 396644. Reception No. 396644. 0 „E ALE 1 = 1 o 396644 09/03/96 03:12P PG 4 OF 4 IN WITNESS WHEREOF,Maroon Creek and the Association have executed this Assignment this ,'*/day of August, 1996. MAROON CREEK LIMITED MAROON CREEK CLUB MASTER LIABILITY COMPANY,a Colorado ASSOCIATION, a Colorado not for limited liability company profit corpor ' n By: By:< - arp s T.Pearce,J.,Manager Frederick C.Durltal re ° *.\..a" R h oe;,a 1 '4°'.. STATE OF COLORADO ) =4 ` w i e) ) ss. _"•,:-3.tq evr COUNTY OF PITKIN ) ':.,,.' The foregoing was acknowledged before me thissel#day of August;1996 Q96 by I 1 James T. Pearce,Jr., as Manager of Maroon Creek Limited Liability Company,a •limited liability company. ,4 a ,gf.•eskmy hand and official seal. TIEHACK ;r,u TU B atdtllssion expires:,-�v-y6 RESIDENCE oBB`o`op_ 1470 TIEHACK • ** RD.ASPEN CO Notary Public STATE OF COLORADO ) 81611 ) ss. COUNTY OF PITKIN ) I SD 2/1/2022 The foregoing was acknowledged before me this344day of August,1996 by �on 2/20/2022 Frederick C. Durham, as President of Maroon Creek Club Master Association, a PERMIT 2/1/2023 Colorado not for profit corporation. W ess my hand and official seal. fission expires. o GE� s9•.••u..... 7 Notary Public _" o w2 l J FULL LAND USE APPROVAL ,,..tl1pioaJp WI 4 Reception No. 396644. RECEIVED SCALE.1' = 1'-0" 4 1/2 LUA.30 02/02/2023 ASPEN BUILDING DEPARTMENT 400129 12/19/1996 11:52R PG 1 OF 4 REC DOC NOT 400129 12/19/1996 11:52R PG 2 CIF 4 R E D SILVIA DAVIS PITKIN COUNTY CLERK & RECORDER 21.00 INSUBSTANTIAL P.U.D.AMENDMENT E. The Developer, through Shaw Construction, L.L.C. ("Shaw"), has 3. All COs issued or available pursuant to this Amendment shall be 1001 Grand Ave commenced construction of the Employee Units. allocated,in writing,by the Developer to the owners of either the single-family or Suite 103 multi-family residential lots in the Subdivision. The City of Aspen Building Department Glenwood Springs THIS INSUBSTANTIAL P.U.D. AMENDMENT ("Amendment") is F. An application has been made to the City of Aspen to modify the shall be notified of how many COs are available and the owner of any such lot within CO 81601 approved by the City of Aspen Planning Director this 4-' day of December, 1996 approvals granted for the Subdivision and PUD so that construction of the Employee the Subdivision shall then provide a written allocation from the Developer to evidence i 1 in favor of Maroon Creek Limited Liability Company,a Colorado limited liability Units,as such construction occurs,may be used as substitute security in order to their entitlement to a CO. company,and its successors in interest,the developer of the Maroon Creek Subdivision obtain COs for the free-market residences. o 4. Exce t as amended bythis Amendment,the approvalsgranted by the Plat These documents have been ("Developer"). P PP specifically prepared for 1470 G. The City of Aspen Land Use Code provides that an insubstantial P.U.D. and the S.I.A.remain in full force and effect. repack.They are not suitable for RECITATIONS amendment can be executed by the City of Aspen Planning Director. use "without projects or in other ocallons otherp the approval in of and IN WITNESS WHEREOF,this Amendment is executed on the day and year first Rparticipation p oe°at n P othibiteahwanout A. The Maroon Creek Subdivision and the Planned Unit Development WITNESSETH written above. approval of the architect. (alternatively,"PUD"or"Subdivision")was created pursuant to a Plat recorded on November 15, 1993 in Plat Book 33 at Pages 4 through 15 of the Pitkin County real2023 NOW, THEREFORE, in consideration of the above recitations, the City of O� estate records("Plat"). • Aspen has agreed to an insubstantial amendment to the P.U.D.for the Subdivision,as authorized by the City of Aspen Land Use Code as follows: By: B. The Subdivision,at the time of the recordation of the Plat,was located Sta an,Planning Director within the Pitkin County limits. Approval for the Subdivision and the recordation of 1. Recitations. The above recitations are true and correct. the Plat was granted by the Board of County Commissioners for Pitkin County pursuant APPROVED AS TO FORM: to a Subdivision Improvement Agreement for Maroon Creek Club,which was recorded 2. Insubstantial P.U.D. Amendment. From time to time during the on November 12, 1993 In Book 730 at Page 606 of the Pitkin County real estate construction of the Employee Units,Shaw shall certify("Certification"),under oath, jZ/jet records("S.I.A."). Subsequent to the recordation of the Plat and the S.I.A.and the to the City of Aspen Planning Director indicating the percentage of total construction Jblfn4rCester,City Attorney creation of the Subdivision,the Subdivision was annexed Into the City of Aspen. As which has been completed and paid for at the time of such Certification. A copy of a result of this annexation,the City of Aspen has exclusive jurisdiction over the land the form of the Certification is attached hereto and made a part hereof as Exhibit"A." I 1 use issues and approvals relating to the Subdivision and PUD. Based upon the Certification,the Developer shall be entitled to a percentage of COs 400129 12/19/1996 11:52R PG 3 OF 4 for the seventy-nine(79)free-market residences based upon the formula set forth C. The Subdivision consists of forty-three(43)single-family lots and three hereafter. The percentage of gross construction completed and paid for as stated in (3)multi-family lots upon which approvals have been granted for the construction of the Certification shall be multiplied times the number of Employee Units(42)and that thirty-six(36) multi-family residential units, for a total of seventy-nine(79) free- product shall be divided by one hundred twenty-five percent(125%). The product market residential units. The Subdivision contains, in addition to the free-market thus obtained shall be the number of COs which the Developer shall be entitled to residences,lots reserved for employee housing,a golf course and club facilities. allocate for the seventy-nine (79) free-market residential units. No COs shall be allocated for fractional numbers derived from such formula. By way of example,if D. The S.I.A.provides,in paragraph 16,that no certificates of occupancy Shaw's Certification shows that construction has been completed and paid for for ("COs")shall be issued for any of the free-market residential units until a certificate twenty percent(20%) of the total Employee Units, then the Developer shall be of occupancy has been issued for the employee housing in the Subdivision located on entitled to six(6)COs(42 x 20% = 8.4 + 125% = 6.72). If Shaw's second Lot 52 consisting of forty-two(42)employee units("Employee Units"). The S.I.A. Certification shows thirty-five percent(35%)of the total construction of the employee further states, in paragraph 16, that substitute security may be provided by the units have been completed and paid for,then the Developer shall be entitled to an Developer to guaranty the construction of the Employee Units,which will then entitle additional six(6)COs(35%x 42 = 14.7_ 125%= 11.76 + .72 = 12.48-6 the Developer to COs for the free-market residential units prior to the completion of {previously issued) =6). the Employee Units. mnwore,ad tool �,ini ne a.a"t3 2 3 04ep"1ua.t.001 1 Reception SCALE:1' = ,'-0" 2 G „J, p,,, ,, SCALE = 9. Reception No. 400129. No. 400129. Reception No. 40012 SCALE.., = '-0" 1 0 1/2 I" 0 1,2' 1'' EXHIBIT"A" CERTIFICATION To: City of Aspen Community Development Department Attention: Mr.Stan Clauson,Planning Director 130 South Galena Street Aspen,Colorado 81611 Shaw Construction,LLC,a Colorado limited liability company,hereby certifies to the City of Aspen,through its Planning Director,Stan Clauson,that %of the I 1 total construction of forty-two(42)employee units have been completed on Lot 52, Maroon Creek Subdivision and that such construction has been paid for. Dated this day of , 1996. TIEHACK SHAW CONSTRUCTION,LLC,a Colorado RESIDENCE limited liability company 1470 TIEHACK RD.ASPEN CO By: 81611 Title: SD 2/1/2022 DD 3/16/2022 HOA 2/25/2022 12/19/1996 11152R PG 4 OF 4 PERMIT 2/1/2023 400129 FULL LAND USE APPROVAL min.ini„aa.,ee, Reception No. 400129. RECEIVED SCALE:T = 1'-0" 4 LUA.31 02/02/2023 0 12'' 1'' 2'' ASPEN BUILDING DEPARTMENT RED 1001 Grand Ave Suite 103 Glenwood Springs CO 81601 I I These documents have been specifically prepared for 1470 Tiehack.They are not suitable for use on other projects or in other locations without the approval and participation of the architect. Reproduction prohibited without approval of the architect. 2023 ORDINANCE NO.3'4 Section L That the tract of land described in the Petition for Annexation, (Series of 1996) commonly referred to as the"Maroon Creek Club Subdivision(South)Property",and as shown on AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, A public hearing on the ordinance shall be held on the 9 3 day of.1-10 w.6W,1996,in APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF ASPEN, .the annexation map,is hereby annexed to the City of Aspen,Colorado. COLORADO,TO BE KNOWN AND DESIGNATED AS THE"MAROON CREEK CLUB the City Council Chambers,Aspen City Hall,Aspen,Colorado. SUBDIVISION(SOUTH)PROPERTY"ANNEXATION. Section 2. The City Clerk of the City of Aspen is hereby directed as follows: (a) To file one copy of the annexation map with the original of this annexation " WHEREAS,on March 5,1996,the City Manager of the City of Aspen did file with the INTRODUCED,READ AND ORDERED PUBLISHED as provided by law by the City ordinance in the office of the City Clerk of the City of Aspen. City Clerk of the City of Aspen a Petition for Annexation of territory to the City of Aspen;and Council of the City of Aspen on the day of ,1996. (b) To certify and file two copies of this annexation ordinance and of the annexation WHEREAS,the petition,including accompanying copies of an annexation map,has been map with the Clerk and Recorder of the County of Pitkin,State of Colorado. reviewed by the City Attorney's Office and the City Engineer and found by them to contain the (c) To request the Clerk and Recorder of Pitkin County to file one certified copy of this ,� information prescribed and set forth in§31-12-107,C.R.S.;and y annexation ordinance and of the annexation map with the Division of Local Government of the John S.Bennett,Mayor WHEREAS, the owners of one hundred percent (10 %)of the area proposed to be Department of Local Affairs,State of Colorado. ATTEST: annexed,exclusive of streets and alleys,have consented in writing to the annexation;and Section 3. The City Engineer of the City of Aspen is hereby directed to amend WHEREAS,the City Council,by resolution(Number 10,Series of 1996)at its regular Xl the Official Map of the City of Aspen to reflect the boundary changes adopted pursuant to this Kathryn S h,City Clerk meeting on June 13,1996,did find and determine said Petition for Annexation to be in substantial o annexation ordinance. compliance with the provisions of§31-12-107,C.R.S.;and u Section 4. That if any section,subsection,sentence,clause,phrase or portion of FINALLY adopted,passed and approved this day of WHEREAS,the City Council,by resolution(Number 36,Series of 1996)at its regular this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, 1996. meeting on July 25, 1996,did find and determine,following a public hearing,said Petition for such portion shall be deemed a separate,distinct and independent provision and shall not affect the - Annexation to be in substantial compliance with§§31-12-104 and 31-12-105,C.R.S.;and validity of the remaining portions thereof. John Len,Mayor WHEREAS, the City Council does hereby find and determine that approval of the StrAkm-1. That this ordinance shall not have any effect on existing litigation ATTEST: annexation of said territory to be in the City's best interest; and shall not operate as an abatement of any action or proceeding now pending under or by virtue NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF of the ordinances amended as herein provided,and the same shall be construed and concluded Kathryn S. rb,City Clerk ASPEN,COLORADO: under such prior Ordinances. 401985 02/21/1997 04:12P PG 2 OF ;f 401985 02/21/1997 04:12P PG 1 OF 3 REC DOC NOT .x SILVIA DAVIS PITKIN COUNTY CLERK x RECORDER 16.00 2 3 TIEHACK RESIDENCE 1470 TIEHACK RD.ASPEN CO 81611 Reception No. 401985. Reception p No. 401985. Reception No. 401985. SCALE_,' - Y-0. 1 0 1/2" 1" 2" 0 SCALE 1' - 1'_0" 2 0 12" 1" SCALE 1' 1'_0" 9D 2/1/2022 2" DD 3/16/2022 HOA 2/25/2022 PERMIT 2/1/2023 FULL LAND USE APPROVAL RECEIVED LUA.32 02/02/2023 ASPEN BUILDING DEPARTMENT 111111111111111111 IIII 11111111111111111 III 11111 IIII IIII I IIIIII 11111 IIIIII IIII 1111111111 I111 III IIIII 11111111 111111141 04/08/1997 11►1111111111111111112P 1111I►1111111 vv►uu►►Hi 1111 R E ID 403224 04/08/1997 04:02P ORDINANCE 403224 04/08/1997 04:02P ORDINANCE 1 of 4 R 21.00 D 0.00 N 0.00 PITKIN COUNTY CLERK 2 of 4 R 21.00 0 0.00 N 0.00 PITKIN COUNTY CLERK 3 of 4 R 21.00 D 0.00 N 0.00 PITKIN COUNTY CLERK 1001 Grand Ave Suite 103 ORDINANCE NO.40 1996,and finds that the proposed rezoning of the Maroon Creek Club Section 3: Glenwood Springs (SERIES OF 1996) subdivision is consistent with the requirements of the Municipal Code. CO 81601 AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE Thatrdithe City recordClerr bea and of hereby is directed,n thepon the adoptionh Pitkinof this I I REZONING FOR THE MAROON CREEK SUBDIVISION IN CITY OF ASPEN,COLORADO ordinance,to a copy of this ordinance in the office of the County CONJUNCTION WITH ANNEXATION INTO THE CITY OF ASPEN Clerk and Recorder. Section 1: These documents have been Section 4: specifically prepared for 1470 Tiehack.They are not sutable for WHEREAS,pursuant to Section 26.92.020 of the Aspen Municipal Code That it does hereby grant rezoning of the Maroon Creek Club Subdivision,the use on other projects p o al an ct. the applicant,the City of Aspen,has submitted a request for a map amendment Pfister outparcel,the former ARU Facility outparcel,and the water tankparcel as If any section,subsection,sentence,clause,phrase or portion of this ordinance is locations without theh approval and to rezone the Maroon Creek Club subdivision,two Pfister parcels,and the water follows: for anyreason held invalid or unconstitutional byanycourt of competent ep participation of the archite lid Reproduction the architect. without tank parcel in conjunction with annexation into the City of Aspen;and jurisdiction,such provision and such holding shall not affect the validity of the approval of the architect. Former ARU Facility Outparcel RR remaining portions thereof. 2023 Pfister Outparcel RA WHEREAS,through the development approvals of the Maroon Creek Water Tank Parcel C Section 5: Club subdivision the developer agreed to annex into the City of Aspen; PUD Overlay on all lettered and cambered parcels This Ordinance shall not affect any existing litigation and shall not operate as an WHEREAS,it is the obligation of the City of Aspen,under the Water abatement of any action or proceeding now pending under or by virtueall of bethe Service Agreement,to not divest or diminish the land use approvals or LOt## Proposed City zonmq ordinances repealed or amended as herein provided,and the same sh development rights awarded by Pitkin County for the project in their entirety 1-5 RR conducted and concluded under such prior ordinances. and has therefore maintained all existing County approvals,findings,written 6-12 R-15A interpretations and amendments for the subdivision granted prior to the 13 ADO Section 6: annexation agreement;and 14 C 15 C WHEREAS,to further clarify the approvals and the intent of the Water 16 RR A public hearing on the Ordinance shall beheld on the day of November 25, 17 RMF-A . 1996 at 5:00pm in the City Council Chambers,Aspen City Hall,fifteen(15)days Service Agreement and the Annexation Agreement,Exhibit A defines the 18 RMF-A prior to which hearing a public notice of the same shall be published one in a following definitions of the Pitkin County Land Use Code that shall be utilized 19-40 R-15A newspaper of general circulation within the City of Aspen. for purposes of determining height,bulk,and setbacks within the PUD: 41-45 RR 46-48 R-15A 49 C INTRODUCED,READ AND ORDERED PUBLISHED as provi d by law,by Accessory Structures 50 RMAyA the City Council of the City of Aspen on the 48 day of 1996. Basement 51 P/SPA Building Height 52 AH Floor Area(FAR) tQj ,- A-C Structure E.G OS Y John ennett,Mayor H-IC WpSetback (;�Yard �.....,- L-N OS S ATTEST:`. Yard,front,side and rear P-S ,_U WP OS ;iEAL . WHEREAS,a duly noticed public hearing was held by the Aspen Section 2: t' Planning and Zoning Commission on October 22,1996 to consider the City Clerk application for a map amendment and forwarded a unanimous recommendation ..,..•• of approval to the Aspen City Council;and The Official Zone District Map for the City of Aspen,Colorado,shall be and is FINALLY,adopted,passed and approved this .i 5— day of/- hereby amended to reflect those rezoning actions as set forth in Section 1 above 1996. • WHEREAS,the Aspen City Council having considered the Commission's and such amendments shall be promptly entered on the Official Map in recommendation for a map amendment at a public hearing on November 25, accordance with Section 26.28.30.13 of the Municipal Code. Reception No. 403224 1 Reception No. 4032242 Reception tion No. 403224 SCALE:1' = 1'-0" p SCALE:1' 0 1/2' 1" 2" 0 1/2" 1" 2" 0 1/2" 1" 2" SCALE:1' _ 7-0" 11111111111111111111111111111111111111111111111111111 403224 04/08/1997 04:02P ORDINANCE 4 of 4 R 21.00 D 0.00 N 0.00 PITKIN COUNTY CLERK / -- ,v•.•0 •..J. John ett,Mayor . OATC$STfs.. i . .•5 �. 71-C� ``•. • City Clerk TIEHACK RESIDENCE 1470 TIEHACK RD.ASPEN CO 81611 SD 2/1/2022 DD 3/16/2022 HOA 2/25/2022 PERMIT 2/1/2023 • FULL LAND USE APPROVAL Reception No. 403224 ^ RECEIVED SCALE.1' = 1'-0" (�+ LUA.33 02/02/2023 ASPEN BUILDING DEPARTMENT RED • ( Ptiepre d Banton 11P ( 1001 Grand Ave Suite 103 DISTRICT COURT,PITKIN COUNTY,COLORADO ..,i,i rig:c.,, FEB 1 19� THE COURT NOW FINDS: Glenwood Springs 6. This permanent easement shall be a covenant ruinning with the land and shall CO 81601 Civil Action No.96-CV-51-3 r;i cu-•: .111( ..i burden the land encumbered by such easement,and shall be binding upon the Interested _ :_D 1. That the Court has full and complete jurisdiction of the subject matter of this Respondents and the successors and assigns of the Interested Respondents.The easement I L'" - . r' action and the parties thereto pursuant to the original Rule and Order in the aforecaptioned shall also be a benefit which inures to Petitioner's property,Tract D,and shall be enforceable AMENDED RULE AND ORDER case dated November 6,1998 and recorded on December 7,1998 in Pitkin County at by Petitioner and by the present and future owners of any individual lots within Tract D, Reception No.425224,which Rule and Order gives this court jurisdiction to enter any including their successors and assigns.The rights and obligations as set forth in this These documents have been amended Rule and Orders deemed necessary. Amended Rule and Order shall also be covenants running with the land of both Petitioner specifically prepared for,470 JACK GUENTHERTRUSTEE,UNDER THE WILL OF CHARLES F.URSCHEL,JR., and the Interested Respondents,including their successors and assigns. Tuse iehack.They are not suaabie for 2. That since the entry of the original Rule and Order dated November 6,1998, n other projects or in other Plaintiff/Petitioner, locations without the approval and the parties have agreed(a)to make the easement referenced therein a permanent and participation of the architect. perpetual easement in favor of the Petitioner,(b)to adjust and modify the compensation 7. The parties have agreed that the Joint Stipulation for Entry of Amended Rule Reproduction prohibited without otherwise due for the payment of the permanent easement,(c)to remove the contingencies as and Order and the terms and conditions contained therein,shall remain private and approval of the architect. v. to payment referenced in paragraph 2 of the Stipulated Consent to Entry of Rule and Order confidential pursuant to the Order previously entered by the Court on December 5,1998. 2023 MAROON CREEK LIMITED LIABILITY CO.,a Colorado Limited Liability Corporation, dated November 6,1998,and(d)to eliminate all of the provisions of paragraph 3 of the However,this Amended Rule and Order shall be recorded in the Clerk and Recorders Office I WILLIAM H. PLUMMER;MAROON RUN RANCH LLC; PFISTER FAMILY LP; Stipulated Consent to Entry of Rule and Order dated November 6,1998. of PitkinCounty as the deed of conveyance to document the transfer of the permanent easement to the Petitioner,its successors and assigns. LEONARDNDS WEINLIMTE BROKEN HILL 4, LLC;ABROKEN HILL 5, NY; LANDSCAPES UNLIMITED,INC.;THE PRIVATE BANK AND TRUST COMPANY; 3. In consideration for the conveyance of this permanent and perpetual easement, GREGORY N.THOMAS;KENNETH D.BERNSTEIN;THOMAS J.HOFFMASTER; the Interested Respondents have agreed to the payment of the sum represented in paragraph 3 IT IS THEREFORE ORDERED ADJUDGED AND DECREED that the permanent CAROLINA FIRST BANK and THOMAS C.OKEN,Public Trustee of Pitkin County,L.W. of the Joint Stipulation for Entry of Amended Rule and Order("Joint Stipulation").Said easement described herein,to wit: DEVELOPMENT,INC.,a Delaware Corporation,TIEHACK THREE,LLC,a Colorado sum represents a modification,which was mutually agreed to between the Petitioner and the Limited Liability Company,NEW TIEHACK III LLC,a Colorado Limited Liability Company, Interested Respondents,to the amounts set forth in Paragraphs 1 and 2 of the Stipulated A forty(40)foot wide,non-exclusive,permanent and perpetual LADISLAV HECHT,STEPHEN 1.MARCUS,ANDREW HECHT,SJM ASSOCIATES, Consent to Entry of Rule and Order dated November 6,1998.The Interested Respondents easement and right-of-way across both the public and private INC.,a Colorado Corporation,ALPINE BANK-ASPEN BRANCH,GERALD D.HOSIER, herein have specially agreed that said modified sum in the Joint Stipulation shall represent portions of Tiehack Road.This easement shall begin at JERRY M.CAVALERI and TERESA M.CAVALERI,COUNTRYWIDE HOME LOANS, full and complete compensation and payment for the granting of this permanent easement, Highway 82,pass across the public portion of Tieback Road to INC., HOLY CROSS ELECTRIC ASSOCIATION, INC., MAROON CREEK CLUB and that the Petitioner shall hereafter be released and forever discharged from the payment of Lot 13,and then through the area referenced as a"40 EL Wide MASTER ASSOCIATION,a Colorado Not for Profit Corporation,ROCKY MOUNTAIN any further sums. Private Access Easement"crossing Lots 1,2,3,4,5,6,7,8,9, 10,11,12,and 13 of the Maroon Creek Club subdivision,as EQUITYN AND MORTGAGE COMPANY,INTEREST INTH ROPE, LTD., and ALL UNKNOWN PERSONS WHO CLAIM AN THE PROPERTY, 4. Said and t shall a fortye(40)foot wide,non-exclusive,dvoter ionspermanent and well m the"Reservationxtending For ss L Wide reflected Ar.•ct perpetual easement and right-of-way across both the public and private portions of Tiehack Easement"extending across Lot 1,all as reflected on the Defendants/Respondents. Road.This easement shall begin at Highway 82,pass across the public portion of Tieback Maroon Creek Club Final Plat recorded in the Pitkin County Road to Lot 13,and then through the area referenced as a"40 ft.Wide Private Access Clerk and Recorder's office on November 15,1993 in Book 33 Easement"crossing Lots 1,2,3,4,5,6,7,8,9,10,11,12,and 13 of the Maroon Creek Club at pages 4-I5,together with all amendments thereto,and as THIS MATTER having come upon the joint Motion filed by Petitioner, Jack subdivision,as well as the"Reservation For a 40'Wide Private Access Easement"extending further reflected ore Exhibit A attached hereto Guenther,Trustee,Under the Will of Charles F.Urschel,Jr.,("Petitioner")and Respondents, across Lot I,all as reflected on the Maroon Creek Club Final Plat recorded in the Pitkin Maroon Creek Limited Liability Co.,William H.Plummer,Pfister Family LP,Leonard County Clerk and Recorder's office on November 15,1993 in Book 33 at pages 4-15, has been duly and lawfully taken and condemned by Petitioner pursuant to the statutes and Weinglass,Landscapes Unlimited,Inc.,The Private Bank And Trust Company,Gregory N. together with all amendments thereto,and as further reflected on Exhibit A attached hereto. the Constitution of the State of Colorado;and that the interests of the Interested Respondents Thomas,Carolina First Bank,L.W.Development,Inc.,Tiehack Three,LLC,New Tiehack III, Said permanent easement shall be for the benefit of Tract D as said property is legally in said permanent easement have been acquired by said Petitioner,and that the permanent LLC,Ladislav Hecht,Stephen J.Marcus,Andrew Hecht,SJM Associates,Inc.,Alpine Bank- described in Exhibit B attached hereto. easement is hereby vested in Petitioner Jack Guenther,Trustee Under the Will of Charles F. Aspen Branch,Gerald D.Hosier,Jerry M.Cavaleri And Teresa M.Cavaleri,Countrywide Urschel,its successors and assigns for the benefit of Tract D;and Home Loans,Inc.,Maroon Creek Club Master Association,Rocky Mountain Equity And 5. The permanent easement conveyed to Petitioner,its successors,assigns, Mortgage Company,Gibralter West,Ltd.,("Interested Respondents"),and it appearing to the guests,invitees and employees,shall be a non-exclusive pedestrian,vehicular and utility IT IS FURTHER ORDERED that the easement conveyed to Petitioner,its successors, Court from the records and files herein that all persons interested as owners or otherwise,as easement,(i.e.for water,gas,electric,sanitation,telephone and cable),to serve no more than assigns,guests,invitees and employees,shall be a non-exclusive pedestrian,vehicular and appearing of record,have been joined as party Respondents. five(5)residential units and no more than five(5)associated caretaker units,and shall not be utility easement(i.e.for water,gas,electric,sanitation,telephone and cable),to serve no used to serve any other type of development on Petitioner's property. more than five(5)residential units and no more than five(5)associated caretaker units,and shall not be used to serve any other type of development on Petitioner's property. I2797�02 22/1 99 11,3IA O DER DAVISSILOS ���� 11111111111111111IIII IIll IIIIII 11111I III 11111Iii IIII I I1111111111 IIIIII liii HU Iliii IIIIIII III11111IIII1111 127976 02312en 5 009 N .00ER DRVS COUNTY 1 of 6 R 31.00 D 0.00 N 0,00 PITKIN COUNTY CO 22of76 0231.00909 .00 .00ER DAVIS OUNTI 2 427970o6 0231.00999 .00 N .00ER DAVIS SILVI 2 of a ft 31.00 0 0.00 N 0.00 PITKIN COUNTY CO 3 of 6 R 31.00 D 0.00 N 0.00 PITKIN COUNTY W Reception No. 427970 Reception No. 427970 SCALE,:,1, 2 Reception No. 427970 WAIF SCALE1a11 .. • 4•jIfl! tiIT IS FURTHER ORDERED that the permanent easement being conveyed herein, (Tract o) shall be a covenant running with the land and shall burden the land encumbered by such li•at, , • ==+-°- easement,and shall be binding upon the Interested Respondents and the successors and u'a:(,,.t _ a assigns of Interested Respondents. The easement shall also be a benefit which inures to r'.'t'i•.a¢:At. Tlos, Petitioner's property,Tract D,and shall be enforceable by Petitioner and by all present or `.Rr�+igy;F%$�9 . i I A tzaet of la6nd aitnated Lx the Swl/1RN1/1°t lie. 14, Raen eL the and P.M. aad moss fully deaezlbad as tollous: future owners of any individual lots within Tract D,including their successors and assigns. R105, ( Shia Fart oL Cha .tI.i lN1/1 0!Sae. 14r IT IS FURTHER ORDERED that with the payment referenced in paragraph 3 of the '"�'t".°. •<� c\,, R85sr RL the 6tb Y.M., lying ad S•0.ly and Joint Stipulation,Petitioner is hereby released from the payment of any further amounts or - '�e''ea., ..4�L♦ � • waatarly of the MorthrastazlY bank°t sums as consideration for the granting of this easement. However,all other teems and .,,..,. _.�, ttaroon Czaak. conditions of the original Rule and Order dated November 6,1998 shall remain in full force g -L'''.-----. - yJ__ �- `.'s .and effect,including the requirement that Petitioner pay the regular road maintenance fee and 9''', l ,g'0u'- __a,.a,;-- j*,.., ,the one-time road contraction fee as referenced in said Rule and Order. Petitioner shall " rforthwith issuue a check in the agreed upon amount,made payable to the Trust Account of � i p`i i Garfield&Hecht P.C.,Attention:David L.Lenyo,for appropriate disbursement by said frm i `' : u Li e- -to the Interested Responders whom they represent. -, C _C)k qIT IS FURTHER ORDERED that a certified copy of this Amended Rule and Order k pB i - �.. - b be recorded and indexed in the Offence of the Clerk and Recorder of Pitkin County,Colorado, in,I� _�� 3e `�.,.`ps t . in like manner and in like effect as if it were a deed of conveyance of the permanent _ " , easement from the Interested Respondents to Petitioner herein. — - T' �' "`� ,^<. `. DATED this�day of ,I998. j, .• ,.� r � ., L.' - TIEHACK THE COURT: ®t o• a - o RESIDENCET Er t { RD.ASPEN CO IEHACK istrict Judge �' • dull # 81611 7 Q ,. SD 16/2o22 • r • • f� �u DD 3/2/1/202 • a I pi ��tr -+ HOA 2/25/2022 I 'r_ Ir PERMIT 2/1/2023 CERTIFICATE OF MAILING • .�N��� �' r1�• 1 PonoI p on oniikd1.0 all that a coin ora ,= • •ate.�=! Cawel• ` '~ /711(17. 'rl\doet_Y 4. 19N 40 I 111111 11111 111111 1111 VII VIIII 1111111 III 11111 1111 IIII I 111111 11111 111111 1111 1111 IIIIII 1111111 III 111111111111 427870 02 22/1 9 e- �� ORDER I 5 Illlllll OS���� 427970 02/22/3999 08:38R ORDER DAVIS SILVI 4 88 R231?0e I 0.003NRe OTTKKIp5Cp1IlNTy co /27970 02/22/1999 0a.39R ORDER DRVIS SILVI - 1 of a R sl ere D 0.00 N 0.00 PITKIN COUNTY CO S of e R 31.00 D 0.00 N 0.00 PITKIN COUNTY CO FULL LAND USE APPROVAL Reception No. 427970 Reception No. 427970 C Reception No. 427970 SCALE 11.11 SCALE:1:1.11 J RECEIVED SCALE:,:,16 1 LUA.34 02/02/2023 ASPEN BUILDING DEPARTMENT RED 1001 Grand Ave Suite 103 Glenwood Springs CO 81601 O These documents have been specifically prepared for 1470 Tiehack.They are not minable for use n other projects or in other locations without the approval and participation of the architect. Reproduction prohibited without approval of the architect. 2023 • CI Tit ED t'4 C.^•l7r. 01NH19 pE12•ro DISTRICT COURT,COUNTY OF PITKIN 4;I'[?.„` 1. The real property described hereinabove,be included within the Aspen Consolidated 506 East Main Street,#E L 0%t A DO Sanitation District,on the terms and conditions set forth in the Board's Order;and Aspen.Colorado ♦COURT USE ONLY A In the matter of the Aspen Consolidated Sanitation District 2. That this Order of Inclusion shall be filed and recorded in accordance with the provisions of C.R.S.§32-1-105,as amended;and Petitioner. 3. After the date of inclusion as fixed by the filing,such property shall be subject to terms and conditions of inclusion and all other taxes,charges,impositions,rules,regulations,and obligations of the District pursuant to C.A.S.§32-1-402,as amended. r So ordered this �' day of %./• 10 Attorney for Petitioner Case No.:83 CV 170 �� COURT: Robert L.Tibbals,Jr.—No.8501 6444 South Quebec Street.Suite 302 District Court Judge Englewood,Colorado 801118 303-771-1913 COURT'S ORDER OF INCLUSION 8 =;8 a,5 THIS MATTER coming before the Court upon Petition and filing of an Order of the Board v,Y - 5 U ofDirectors of the Aspen Consolidated Sanitation District granting the inclusion ofcertain additional Imo "L`. real property into the District;and it appearing to the Court from the Board's Order that the property = " — hereinafter described is capable of being served with facilities of the District and that the fee owners of such property, Joyce Robert D.Bowden, Fisher and William Plummer,filed with the Board of - i 2 3 Directors Petitions,which Petitions are in the manner and form prescribed by statute;and it further a appearing that the Board of Directors on December 5,2000,at the hour of 4:00 p.m.,after duly publishing notice of the filing of said Petition,proof of which publication is attached to District's mm Petition,and finding there was no objection to said inclusion,duly granted said Petitions,and on said ,,m date,made and entered an Order to that effect,which Order has been filed with the Clerk of this - nCourt,including the following described real property into the Aspen Consolidated Sanitation �'"a, � District: nLots I,2 3 4 and 6,inclusive,Maroon Creek Subdivision,County of Pitkin, m r ? .•' -- State of Colorado. CmiIW'artit EifiB WO, late ea* °Incising es De�in�t.h.e.Dilpiol Daunt - o And the Court being fully advised in the premises,IT IS THEREFORE .r Dom- �1X• ORDERED: Receptiono. 453237 SCALE:' TIEHACK N Reception No. 453237 SCALE:1 = 1-fi. 1 = 2 RESIDENCE 1470 TIEHACK RD.ASPEN CO 81611 SD 2/1/2022 DD 3/16/2022 HOA 2/25/2022 PERMIT 2/1/2023 FULL LAND USE APPROVAL RECEIVED LUA.35 02/02/2023 ASPEN BUILDING DEPARTMENT II II ill I III III III I II a 82689/14/2003 11{aq IIII 'Ill I III I I II III I II 6B2689 P ,,IaR 482689 RE D Pege. 1 of 3 Peg.. 1 of 3 II II IIII ill I III III III 05�11/2eu 11:MR PITKIN COUNTY CO R 18.00 0 0.00 SILVIa DAVIS PITKIN COUNTY CO R 1a.00 0 0.00 1001 Grand Ave ORDINANCE N0.6 ORDINANCE N0.6 Section 1 slLv,a DAVIS PITKIN COUNTYco a,s.ee °e.a Suite 103 SILVIq DAVIS Glenwood Springs SERIES OF 2003 SERIES OF 2003 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal CO 81601 Code,the requests for a Planned Unit Development(PUD)Amendment to amend the AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING A AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING A platted development envelopes on Lots 1 and 2 of the Maroon Creek Club is approved I 1 PLANNED UNIT DEVELOPMENT(PUD)AMENDMENT TO AMEND THE PLANNED UNIT DEVELOPMENT(PUD)AMENDMENT TO AMEND THE with the following conditions stated herein: PLATTED DEVELOPMENT ENVELOPES ON LOTS I AND 2 OF THE PLATTED DEVELOPMENT ENVELOPES ON LOTS I AND 2 OF THE These documents have been MAROON CREEK CLUB SUBDIVISION/PUD,CITY OF ASPEN. I. Prior to recordation of an amended subdivision plat,an access easement shall be specifically prepared for 1470 MAROON CREEK CLUB SUBDIVISION I PUD,CITY OF ASPEN. ui5pe0^.They are not anaabie for granted to the owner of Lot 1 Maroon Creek Club Subdivision across Lot 2 Maroon other projects or m other Parce11D: 2735-142-09-002 Parcel ID: 2735-142-09-002 Creek Club Subdivision. In addition,a note shall beplaced on the lot locations without the approval and p requiring that participation of the architect. 2735-142-09-001 2735-142-09-001 the structure built on Lot 2 be restricted in size to 6,000 square feet per the applicant's Reproduction prohibited without approval of the architect. offer to reduce its allowable floor area ratio. WHEREAS,the Community Development Department received an application WHEREAS,the Community Development Department received an application 2023 from the Applicant,Jennifer and David Stockman,represented by Kevin Morley of 2. Prior to final approval of the driveway alignment,a tree permit from the Parks from the Applicant,Jennifer and David Stockman,represented by Kevin Morley of Robert Trown&Associates,Inc.,requesting the Planning and Zoning Commission and Robert Trown&Associates,Inc.,requesting the Planning and Zoning Commission and Department will be required. Mitigation for the nine(9)trees to be removed on site City Council grant a Planned Unit Development(PUD)Amendment to amend the platted will be at the rate in effect at the time of building permit,as identified per the City Council grant a Planned Unit Development(PUD)Amendment to amend the platted development envelopes on Lots 1 and 2 of the Maroon Creek Club;and development envelopes on Lots 1 and 2 of the Maroon Creek Club;and Municipal Code. Mitigation can be on-site with landscaping of the native restoration WHEREAS,the Aspen Planning and Zoning Commission has reviewed and ' WHEREAS,the Aspen Planningand ZoningCommission has reviewed and the development proposal under the applicable provisions of the Municipal Cade considered considered the developmenttproposal underer the applicable provisions of the Municipal Code 3. The entire area west of the proposed Y-turn around which currently serves as the as identified herein,has reviewed and considered the recommendation of the Community as identified herein,has reviewed and considered the recommendation of the Community driveway,will need to be re-vegetated in native plantings only. The area in front of Development Director,and has taken and considered public comment at a duly noticed Development Director,and has taken and considered public comment at a duly noticed the house and to the South of the y-tum can be landscaped for screening or per the public hearing;and public hearing;and discretion of the owners of the residence. WHEREAS,the Planning and Zoning Commission recommended to the City WHEREAS,the Planning and Zoning Commission recommended to the City Council approval,by a vote of four to two(4-2)for a Planned Unit Development(PUD) Council approval,by a vote of four to two(4-2)for a Planned Unit Development(PUD) 4. The common driveway servicing Lots 1 and 2 shall be kept free and clear of snow Amendment to amend the platted development envelopes on Lots 1 and 2 of the Maroon and vehicles at all times of the year per the requirements of the Fire Department. Amendment to amend the platted development envelopes on Lots 1 and 2 of the Maroon Creek Club;and Creek Club;and Section 2: WHEREAS the City of Aspen City Council finds that the development proposal All material representations and commitments made by the applicant pursuant to the WHEREAS,the City of Aspen City Council finds that the development proposal meets or exceeds allapplicable developmentdevelopment proposal approvals as herein awarded, whether in public hearing or meets or exceeds all applicable development standards and that the approval of thesconsistent standards and that the approval of the documentation presented before the Planning and Zoning Commission or City Council,are development proposal,with conditions,is consistent with the goals and elements of the development proposal,with conditions,is with the goals and elements of the hereby incorporated in such plan development approvals and the same shall be complied Aspen Area Community Plan;and Aspen Area Community Plan;and with as if fully set forth herein,unless amended by an authorized entity. WHEREAS, the City of Aspen City Council reviewed and considered the WHEREAS, the City of Aspen City Council reviewed and considered the development proposal at a regular City Council meeting on February 24,2003 and,by a Section 3: development tree ptoroposal at a regular City Ordinance meeting on February in) o and,by a vote of three to two(3-2),approved this Ordinance(on Second Reading)for a Planned This Ordinance shall not effect any existing litigation and shall not operate as an abatement vote of three m two(3-) approved this Ordinance(onlSecond Reading)forn a Planned od of any action or proceeding now pending under or by virtue of the ordinances repealed or Unit Development(PUD)Amendment to amend the platted development envelopes on Unit Development(PUD)Amendment to amend the platted development envelopes on Lots 1 and 2 of the Maroon Creek Club;and Lots 1 and 2 of the Maroon Creek Club;and amended as herein provided,and the same shall be conducted and concluded under such prior ordinances. WHEREAS,the City of Aspen City Council finds that this Ordinance furthers and WHEREAS,the City of Aspen City Council fords that this Ordinance furthers and s necessary for the promotion of public health safety,and welfare. is necessary for the promotion of public health,safety,and welfare. Section 4: If any section,subsection,sentence,clause,phrase,or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction,such portion NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY shall be deemed a separate,distinct and independent provision and shall not affect the OF ASPEN,COLORADO ON THE 24T"DAY OF FEBRUARY 2003,THAT: validity of the remaining portions thereof. OF ASPEN,COLORADO ON THE 24T"DAY OF FEBRUARY 2003,THAT: 2 Reception No. 482689 Reception No. 482689 Section SCALE:,'33 SCALEM 33 Reception No. 482689 SCALE.1:1.33 3 It B II I I I III I I II II II II 48268905/10/2003 11{aR SILVIA DAVIS PITKIN COUNTY CO R 113 00 0 0.00 A public hearing will be held the 24th day of February 2003 at 5:00 p.m.in the City Council Chambers,130 South Galena. INTRODUCED,READ AND ORDERED PUBLISED as provided by law,by the City Council of the City of Aspen on this 27th day of January,2003. . YK6�TTEST: . J • thryn, ' ity leek Helen I de d o q8i, TIEHACK FINALLY,adopted,passed,and approved this 24'"day of February,2003. RESIDENCE 1470 TIEHACK RD.ASPEN CO `r 1115.41. ,; 81611 i 5 /, V.f _t it. [_II. A ' �� ♦� SD 2/vzoz2 ♦ DD 3/16/2022 4 1- S.(C.' .City C erk Helen Kahn Il. ..I. ,S or HOA 2 25 2022 t, / PERMIT 2/1/2023 ethiA16 APPR(YVJ)AS TO FORM: /A°!/11(,L.t a Sl/Z,7taa3 `John WorcCr[or,City Attorney FULL LAND USE APPROVAL Reception No. 482689 4 RECEIVED SCALE' LUA.36 02/02/2023 ASPEN BUILDING DEPARTMENT RECEPTION#: 619783, 10/23/2014 at 11:24:24 AM, 1 OF 3, R $21.00 RECEPTION#: 614783, 10/23/2014 at 11:24:24 AM, 1 OF 3, R $21.00 RECEPTION#: 614783, 10/23/2014 at 11:24:24 AM, 2 OF 3, Janice K. Vos Caudill, Pitkin County, CO Janice K. Vos Caudill, Pitkin County, CO Janice K. Von Caudill, Pitkin County, CO RED 1001 Grand Ave Suite 103 ORDINANCE NO.26 ORDINANCE NO.26 Section 1:General Development Approvals Glenwood Springs (SERIES OF 2014) (SERIES OF 2014) The Maroon Creek Club Subdivision and Planned Development is amended to allow for CO 81601 the landing and extinguishment of Transferable Development Rights as noted in Table A, AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING AN AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING AN below. AMENDMENT TO THE MAROON CREEK CLUB SUBDIVISION AND AMENDMENT TO THE MAROON CREEK CLUB SUBDIVISION AND PLANNED DEVELOPMENT THAT APPROVES THE EXTINGUISHEMNT OF PLANNED DEVELOPMENT THAT APPROVES THE EXTINGUISHEMNT OF Table A:Allowances for Transferable Development Rights TRANSFERABLE DEVELOPMENT RIGHTS ON FORTY THREE LOTS TRANSFERABLE DEVELOPMENT RIGHTS ON FORTY THREE LOTS Existing Permitted Max.Allowable Total No.of Lots permitted These documents have been WITHIN THE SUBDIVISION LEGALLY DESCRIBED AS LOTS 1-12,16,and WITHIN THE SUBDIVISION LEGALLY DESCRIBED AS LOTS 1-12,16,and Allowable Floor number of Floor Area with TDRs ' to land TDRs specifically prepared for 1470 19-48 19-48 Area for the lot TDRs per lot the landing of Tiehack.They are not sunable for TDRs use on other projects or in other Parcel IDs:273514209001-273514209005,273511309111I6i273511309012, Parcel IDs:273514209001-273514209005,273511309006-273511309012, 10,000 sq.ft. 3 at 250 sq.ft. 10,750 sq.R. 30 1,3,5,12,16 locations without the approval andparticipation of the architect. 273511309016,273511309019—273511309040,273511209041-273511209045, 273511309016,273511309019—273511309040,273511209041-273511209045, of Floor Area and 41-45 Reproduction prohibited without 273511309046-273511309048 273511309046-273511309048 each or 750 sq. approval of the architect. ft. 2023 WHEREAS,the Community Development Department received an application WHEREAS,the Community Development Department received an application 6,000 sq.ft. 2 at 250 sq.ft. 6,500 sq.ft. 50 2,4,6-11,19- from the Maroon Creek Club Master Association,represented by William Clinton Lukes from the Maroon Creek Club Master Association,represented by William Clinton Lukes of Floor Area 31,40,46-48 I I Architect requesting approval of Planned Development Amendment to allow Architect requesting approval of Planned Development Amendment to allow each or 500 sq. Transferable Development Rights to be landed on 43 lots within the subdivision;and, Transferable Development Rights to be landed on 43 lots within the subdivision;and, ft. 5,500 sq.ft. 2 at 250 sq.R. 6,000 sq.ft. 16 32-39 WHEREAS,the lots permit the development of a single family residence on each WHEREAS,the lots permit the development of a single family residence on each of Floor Area lot and the lots are located within either the Moderate-Density Residential(R-15A)or lot and the lots are located within either the Moderate-Density Residential(R-15A)or each or 500 sq. Rural Residential(RR)zone districts;and, Rural Residential(RR)zone districts;and, ft. 96 WHEREAS,upon initial review of the application and the applicable code WHEREAS,upon initial review of the application and the applicable code standards, the Community Development Department recommended approval of the standards, the Community Development Department recommended approval of the Seetlen 2• request;and, request;and, All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or WHEREAS,the City Council has reviewed and considered the development WHEREAS,the City Council has reviewed and considered the development documentation presented before the Planning and Zoning Commission or City Council,are I I proposal under the applicable provisions of the Municipal Code as identified herein,has proposal under the applicable provisions of the Municipal Code as identified herein,has hereby incorporated in such plan development approvals and the same shall be complied reviewed and considered the recommendation of the Community Development Director and reviewed and considered the recommendation of the Community Development Director and with as if fully set forth herein,unless amended by an authorized entity. has taken and considered public comment on September 8,2014;and, has taken and considered public comment on September 8,2014;and, Section 3: WHEREAS,the City Council finds that the proposal meets or exceeds all WHEREAS,the City Council finds that the proposal meets or exceeds all This ordinance shall not affect any existing litigation and shall not operate as an abatement applicable development standards and that the approval of the application,encourages the applicable development standards and that the approval of the application,encourages the of any action or proceeding now pending under or by virtue of the ordinances repealed or preservation of historic resources;and, preservation of historic resources;and, amended as herein provided,and the same shall be conducted and concluded under such WHEREAS,the CityCouncil finds that this ordinance furthers and is necessaryfor prior ordinances. WHEREAS,the City Council finds that this ordinance furthers and is necessary for the promotion of public health,safety,and welfare. the promotion of public health,safety,and welfare. Section 4: If any section,subsection,sentence,clause,phrase,or portion of this ordinance is for any NOW,THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY NOW,THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY reason held invalid or unconstitutional in a court of competent jurisdiction,such portion OF ASPEN,COLORADO THAT: OF ASPEN,COLORADO THAT: shall be deemed a separate,distinct and independent provision and shall not affect the Pursuant to theprocedures and standards set forth in the AspenMunicipalCode,the Cityvalidity of the remaining portions thereof Pursuant to the procedures and standards set forth in the Aspen Municipal Code,the City Council hereby approves amendments to the Maroon Creek Club Subdivision and Council hereby approves amendments to the Maroon Creek Club Subdivision and The City Clerk is directed,upon the adoption of this ordinance,to record a copy of this Planned Development as noted within this ordinance. Planned Development as noted within this ordinance. ordinance in the office of the Pitkin County Clerk and Recorder. • I'ae,I of 3 Page I of 3 Page 2 oil Reception No. 614783 Reception No. 614783 2 Reception No. 614783 SCALE'.1:1.33 SCALE'.1:1.33 SCALE 1.133 RECEPTION#: 614783, 10/23/2014 at 11:24:24 AM, 3 OF 3, Janice K. Von Caudill, Pitkin County, CO Section S: A public hearing on this ordinance shall be held on the 8'day of September,2014,at a meeting of the Aspen City Council commencing at 5:00 p.m.in the City Council Chambers, Aspen City Hall,Aspen,Colorado,a minimum of fifteen days prior to which hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen. INTRODUCED,READ AND ORDERED PUBLISHED as provided by law,by the City Council of the City of Aspen on the 11'b day of August,2014. IL c L..„, mda Manning,City Clerk I Steve S dron, ayor FINALLY,adopted,passed and approved this ji day of Srpi-,2014. Att �G� TIEHACK nda Manning,City Clerk Steve Skadron, ayor RESIDENCE Approved as to form: 1470 TIEHACK %// _.` RD.ASPEN CO �a(nes R.True,City Attorney 81611 SD 2/1/2022 DD 3/16/2022 HOA 2/25/2022 PERMIT 2/1/2023 Peue333r FULL LAND USE APPROVAL Reception No. 614783 3C4LL 11 4 RECEIVED LUA.37 02/02/2023 ASPEN BUILDING DEPARTMENT RED 1001 Grand Ave Suite 103 Glenwood Springs CO 81601 O These documents have been specifically prepared for 1470 Tiehack.They are not suitable for use n other projects or in other acetone without the approval and participation of the architect. Reproduction prohibited without approval of the architect. 2023 RECEPTION#: 627141, 02/18/2016 at 03:18:09 PM, 1 OF 2, R $16.00 RECEPTION#: 627141 02/18/2016 at 03:18:09 PM, 2 OF 2, RECEPTION#: 627141, 02/18/2016 at 03:18:09 PM, 1 OF 2, R $16.00 Janice K. Vos Caudill, Pitkin County, CO t Janice R. Vos Caudill, Pitkin County, CO Janice K. Vos Caudill, Pitkin County, CO NOTICE OF APPROVAL NOTICE OF APPROVAL STAFF EVALUATION: Staff has reviewed the proposed amendment and finds that the For an Insubstantial Amendment to Maroon Creek Club Subdivision and PD with regard applicant's request meets the conditions of an Insubstantial PD Amendment.Defining the use of For an Insubstantial Amendment to Maroon Creek Club Subdivision and PD with regard to the allowances and limitations of soil nailing as a construction activity on Lots 1 through soil nails as a construction activity that is allowed to project outside of applicable site specific to the allowances and limitations of soil nailing as a construction activity on Lots 1 through 13,16,and 19 through 48. Envelopes will assist in a more consistent pattern of subgrade construction activity over time and 13,16,and 19 through 48. respond to the update in the current Land Use Code. Parcel ID Nos.273514209001 through 273514209013,273511309016,and 273511309019 The Amendment was referred to the Parks Department to address any potential concerns over the Parcel ID Nos.273514209001 through 273514209013,273511309016,and 273511309019 through 273511309048. use of soil nails that may affect vegetation.Based on input from the department it is recommended through 273511309048. that the Community Development Director conditionally approve the proposed insubstantial amendment to allow for the projection of soil nails, to the minimum degree required for construction,beyond applicable Building and Development Envelopes. APPLICANT:Maroon Creek Club Master Association("MCCMA") APPLICANT:Maroon Creek Club Master Association("MCCMA") SUBJECT&SITE OF AMENDMENT: An Insubstantial PD Amendment clarifying whether DECISION: SUBJECT&SITE OF AMENDMENT: An Insubstantial PD Amendment clarifying whether soil nails may project beyond Building Envelopes,and where applicable,Development Envelopes, The Community Development Director APPROVES the requested amendment to the soil nails may project beyond Building Envelopes,and where applicable,Development Envelopes, in the Maroon Creek Club subdivision. standards set forth in the Maroon Creek Club design guidelines to include the projection of in the Maroon Creek Club subdivision. soil nails beyond site-specific applicable Building and Development Envelopes,with the SUMMARY:The Applicant has requested an insubstantial amendment to allow the use of soil exception of Lots 21 through 24,as conditioned below: SUMMARY:The Applicant has requested an insubstantial amendment to allow the use of soil nails as a construction activity outside of applicable lot specific Building and Development nails as a construction activity outside of applicable lot specific Building and Development Envelopes.Currently a previous Insubstantial PD Amendment(Reception#587075)prohibits Envelopes.Currently a previous Insubstantial PD Amendment(Reception#587075)prohibits construction activities and structures beyond these boundaries. • A lot owner may request soil nails BEYOND envelopes but within all property lines. construction activities and structures beyond these boundaries. The Maroon Creek Club Subdivision("MCC Subdivision")contains 47 residential lots.There are • Soil nails may be permitted beyond site specific envelopes,however the City and the The Maroon Creek Club Subdivision("MCC Subdivision")contains 47 residential lots.There are 44 single family lots within the subdivision;17 of those lots(Lots 1 through 12 and 41 through Maroon Creek Club Master Association(MCCMA)Site and Architecture Review 44 single family lots within the subdivision;17 of those lots(Lots 1 through 12 and 41 through 45)have platted Building Envelopes and Development Envelopes,and the remaining 27 lots(Lots Committee each reserve the right to prohibit such soil nails at their sole discretion 45)have platted Building Envelopes and Development Envelopes,and the remaining 27 lots(Lots 13, 16, 19 through 40,and 46 through 48)have platted Building Envelopes but no defined depending on site specific considerations. 13, 16, 19 through 40,and 46 through 48)have platted Building Envelopes but no defined Development Envelopes.Lots 17,18,and 50 contain multi-family developments and are built out. Development Envelopes.Lots 17,18,and 50 contain multi-family developments and are built out. • Site specific considerations may include,but are not limited to,the location of any The new changes regarding building envelopes(per Ordinance No.46,Series of 2015)in the Land easements or utilities,landscaping,or proximity to rights of way. Any approvals by The new changes regarding building envelopes(per Ordinance No.46,Series of 2015)in the Land Use Code(Chapter 26.575.110)do allow for soil nails-as an allowed projection beyond the the City or by the MCCMA Site and Architecture Review Committee do not relieve Use Code(Chapter 26.575.110)do allow for soil nails-es an allowed projection beyond the envelope boundary-unless otherwise noted in a site-specific development plan. the applicant and homeowner from the responsibility to comply with the terms and envelope boundary-unless otherwise noted in a site-specific development plan. requirements of any easements. The Maroon Creek Club site-specific development guidelines,as outlined in the Insubstantial PD The Maroon Creek Club site-specific development guidelines,as outlined in the Insubstantial PD Amendment previously mentioned,state that"all construction activity and improvements must be Amendment previously mentioned,state that"all construction activity and improvements must be confined to the Development Envelope except for features provided for by other entitlements such APPROVED BY: confined to the Development Envelope except for features provided for by other entitlements such as utilities",effectively limiting soil nails to within the envelope(s)that exist on each lot. as utilities",effectively limiting soil nails to within the envelope(s)that exist on each lot. Currently,Lots 1 through 12,and 41 through 45 have development envelopes,while Lots 13,16,Currently,Lots I through 12,and 41 through 45 have development envelopes,while Lots 13,16, 19 through 40,and 46 through 48 have only building envelopes. '�`/�# 19 through 40,and 46 through 48 have only building envelopes. Cid,A,Z fer Q Ian Dat At this time,no development,including landscaping,is allowed beyond the existing approved Commum Development Director At this time,no development,including landscaping,is allowed beyond the existing approved Building Envelopes of Lots 21 through 24.This provision ensures the maintenance of existing Building Envelopes of Lots 21 through 24.This provision ensures the maintenance of existing natural vegetation and wildlife habitats,but in instances of`severe or catastrophic changes to the natural vegetation and wildlife habitats,but in instances of`severe or catastrophic changes to the existing vegetation'exceptions may be permitted with the consent of the City of Aspen Parks existing vegetation'exceptions may be permitted with the consent of the City of Aspen Parks Department. Department. TIEHACK RESIDENCE 1470 TIEHACK RD.ASPEN CO Reception No. 627141 1 Reception No. 627141 Reception No. 627141 81611 SCALE:1125 SCALE'11.25 SCALE 1.125 SD 2/1/2022 DD 3/16/2022 HOA 2/25/2022 PERMIT 2/1/2023 FULL LAND USE APPROVAL RECEIVED LUA.38 02/02/2023 ASPEN BUILDING DEPARTMENT RED 1001 Grand Ave Suite 103 Glenwood Springs CO 81601 © These documents have been specifically prepared for 1470 3 A y - v^- - ----" - - r ack They are not sudable for C {, [� S, a t, ,,I �+ {, h projects or in - . -�3- e �- +-s-- u I v �i li p�.ik 4 i i.�U 3�t:7 U I I S I f}Il ( 7{��}t i t without the pproval and x -k - R use on her B Ifi p/ \ F - o �. ppII k�S} j locations rl cl tlon of the architect fi > IN k3 I I "` participation approval Da ofthe architect. ISI 4 i Re rotluct on hbtetl wihout , ',:i,. . 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''','!•:!!-!.'-:••I!.,'!;1!„-•--•••'!'!--1: -,..', i% li %:„1„:____ I ae ` 5•.,•'',!':!7_4!-- „___!,,:!,..,::,,,,:.Ee_,„:,,;,.!:1!,,:!:„1, • A r---. � ,_ :7' / a { -{ 7 * # e ¢ - �9 i TIEHACK x'; -,: ,,—,— RESIDENCE S €0 \ i 4 , % ''4 1470 TIEHACK �`� ` Na <P RD.ASPEN CO 81611 t 3 -6 __J/ --_-- . .-'— l � 'e g m J I sr ' x▪ - O 's' {' i AI '� ,r if = 5 (} (1 FEET SD 2/1/2022 's d / ar _/ ✓" -__ .—_��'{ k .. y�-o d it/� �d�. ▪v-'E ^ CIA i `� l) l/ r ,E� Cli DD 3/i6/2022 J.J �..1A t HOA V25/2022 - -- PERMIT 2/1/2023 c ;;1 STATEMENT OF CONTIGUITY CIT, _NGI`�EERI`rG CERTIFICATE CITY COUNCIL APPROVAL ACCEPTANCEOR RECORD RECORDING C 6'NT GUaUS b I�v?RCE — 2? `EE? N e RA P(P RAwINv,I9 A cN4>NICAt �e NAP WAS - tD OF,THE HIS ANNEXATION WAS APPROVED 5" T E ARNE AA ION ACCEPTED FOR ILIN8 '�k dE PRes[N.A,IPe v. t :•t.NEs A4V '.h _ _ _ - c�`� 4r t �R;, OF 'rIiN-N :kT CO:OR,A C', CO kTiGUiTY - 21�x �G',ICk C4E^'Lh THAN 1j6) 0ftk CTE^MNP IS NaT�A rsA: EAG :_E„ h '_Ir .".in APPROVED ;..v THE CITY ASPEN, (id - ---'<1 ,',.7 y ORDINANCE 'ry,^f.,_ IRIS - WEPRfSt NLAi 19N. IHE AG.LRACYOp �/ GAY OF :``1: ,.=t'<_ .. ...'�.^ SERIEs .>g�. PASSED i` �f/ .,r d"J `' ',Sa.C�. q r�r Y C 0 PLAT BOOR-,-,_r .PAGE I ?n o3yxve PE?fzPras°y 1 �' (' c ( :EAR6e5ENi EN REDVCTIPN. P F6 ps `' � LT A, u.-._.✓', f .�"r i"./l£e-"wt"_A—t-c� 4 0 3 m V L S Jf '; L E # P �GAYOP SXES-: ,,,,Y Ci ERYif vkYt.k '� s _. NOTE: faescu evya�...nk><sP s��se.0FROs Ti.m,O,SYSTEM CLERK F,. RECORDER Ak '4 FULL LAND USE APPROVAL RECEIVED LUA.39 02/02/2023 ASPEN BUILDING DEPARTMENT ___ - -- .____ i ...__ RED aG 39Y PG 601 12/02/y3 16:32 Rec 4145.09ePr.f733 #364075 12l02l93 16:32 Rec 5195.VO BK 733 PG 600 Clerk, Doc 1.00 #364075 ,tr Silvia Davis. Pi tkin Cnty Clerk, Doc f,00 t #364075 12/02/93 16s 32 Rec 4195.00 BY.733 Silvia Davis. Pitkin Cnty Silvia Davis, Pitkin Cnty assessed each year against a Lot pursuant to Section 6.2 1001 Ave MASTBIt DECIdRATION OP y of the Association. Suite Grand #364073 12/U2/93 16:32 R $195.00 HK T33 PG"f961 r., 103 f.00 I PROTECTIVE COVENANTS FOR MAROON CREEK CLUB below. R c via Davis, Pitkin Cnty Cl eel, De - -1 FI,PEIN comm. COLOR11D0 2.9 BYlCY9 means the bylaws adopted by the Association 1...' Glenwood Springs r uti Approval Rennlutned aeons: (i) Pitkin County and any amendments hereto. In the event of any inconslabency CO 81601 Reception Recorder - .. i, Resolution No. 90-87 captioned •Resolution of the Board of I or Conflict between the Bylaws end the Declaration the 1. 7}J'.C7 ARATION-PURPOSES. County Commissionerso of Pitkin County, Colorado ,Granting rovisions of the Declaration shall control. Approval of General Submission for Subdivision, 1041 P RECORDING field,TED BY: Environmental Hazard review,Scenic Foreground Overlay Review, of MembarshiQ means the three classes of 4" 2.10 C lane The the Pfister as revised for in 'ties GroupII Limitedfor ation P wNSN RHCORDBD � 1 Purposes. Pearce Equities Development and Rezoningthe AseOcl C RETDRN TO: 1.1 General 9uPlanned Unit 1n Wrshi mbe Lme p votin partnership Theat Page 471 of 9 ocr9 liability Book 62 - Ronald Garfield, Hsq. Liability Company, a Utah limited 1 y parry Ranch/Golf Application" recorded in 9 Section 3.6. Garfield i Hecht, P,C. simpler family, L.P. a Colorado limited owners in ated the real estate records of Pitkin County, Colorado, (ii) 601 East tlyrnn AvengeThese documents have been ecollectively the "Project Owners") are the in fee Pitkin County Resolution 91-111 captioned"Resolution of the 'Aspen, Colorado 81611 side i by leasehold estate a certain real property located2.11 Slilti means the Maroon Creek Club a private tennis, specfiwlly preparetlfor 1470 he Pitkin County, Colorado, described in Exhibit A attached Board of County commissionersSu of Pitkin County, Colorado 1041elf and social club constructed on Lot 51. Tieback They are not sioeble for hereto and known as the Maroon Creek Club. The Project Owners Granting Approval of Detailed Submission for subdivision, 9 nother protects or nother intend that owners, trust deed beneficiaries, mortgagees and Environmental Hazard Review,Scenic Foreground Overlay Review, locations wmouttheapprovaland Planned Unit Development, Rezoning, Special Review Approval 2.12 f'^moron Area Parnelq neans Parcels E through H, J peon oth ion of[he architect any other persons or entities now or hereafter acquiring any for Relocation of the 1CSNO Radio Tower, Lot Line Adjustment through N and P through s described on the Plat. Reprotluct on prohibited earc without interest in Maroon Creek Club shall hold such interest subject with the ARU Property, General and Detailed Submission to the approval Creek 'Grand Amendment'Portion of the Application and Amendment to 2.13 Common Elements means the real property, other than of the arch tact I "-- all the rights, privileges, obligations and restrictions set forth in this instrument. In addition,Maroon Creek Club the Buttermilk Ski Area Nester Plan for the Pfister Ranch/Golf Iota, within Maroon Creek Club owned or leased by the 2023 Master Association is being created as a master association Application" recorded in Book 657 at Page 306 of the real Association including common Area Parcels. hold, operate and manage property for the common benefit it of to perform certain obligations described herein and own, estate records of Pitkin County,Colorado, (iii)Pitkin County Resolution No. 91-112 granting certain amendments to the 2.14 Snmeon P.vpenses means estimated end actual owners of the property within Maroon Creek Club. Detailed Submission approval recorded in Book 657 at Page 384 expenditures made or to be made by or on behalf of the ITEI'BR OUNTY.ATION OP of the real estate records of Pitkin County, Colorado, (iv) Association, together with any allocations to reserve or PRfri'HCTIvB COV6tlA1FFS POR MAROON CRHHR GLOB s e Declaration.roject To further the purposes herein Resolution No, 92-226, Resolution of the Board of County sinking funds. PITKIN COUNTY, COIAFA00 andresseg the withthjectrespectOwners for themselves,their successors, Commissioners of Pitkin County,Colorado Granting an Extension 2 15 nl.niv means Pitkin County, Colorado. andx assigns, Ctoreek all of the Lots and Parcels, for the Maroon Creek Development Corporation to Submit the t 9 of Maroon Creek Club as defined and described project, Recorded July 2.16 Declarant means Pearce Equities Group II Limited except Lot 4 3 Final Plat for the Pfister Ranch/Golf in the Final Subdivision Plat and PUD thereof recorded 30, 1992 in Book 684 at Page 881 and (v) Pitkin Countya Utah limited liability company end any November 15, 1993 in Plat Book Colorado,Page 4 b the real estate Resolution No. 93-104 granting Final Plat approval recorded Liability ompany, Maroons af Pitkin County,plannedCom hereby declaresallsaid in Book 721 at Page 245 of the real estate records of Pitkin party designated as a successor or assign of the Declarant Dy Maroon Creek Club is a owned, held, and that said County, Colorado. a written instrument duly recorded in the real estate records lands shall at all times be held, used and conveyed of Pitkin County, Colorado, Such instrument may specify the subject to the terms, declarations, conditions and 2.4 Articles means Articles of Incorporation and any extent and portion of the rights or interests being assigned restrictions contained in this instrument, which terms, amendments thereto for Maroon Creek Club Master Association, by Declarant. provisions, conditions and restrictions shall constitute a Colorado nonprofit corporation. covenants running with the land and shall be binding upon and 2.17 nerleration neans this Master Declaration of I inure to the benefit of Owners and to any person or legal 2.5 MiscssmenTp means Annual Assessments, spacial Protective Covenants for Maroon Creek Club as recorded in the real estate records of Pitkin County,Colorado,and as amended shall include orparcels inOwner for a SpecialDeclarer io n lotsthis suchassessed to an in anyPeC to interestamounts ce entity acquiring anAssessments and anytime.Rincorp uime to Maroon Creek Club. I Cost Center. from t the Plat, which is incorporated herein. 2. DEFINITIONS AND AREA DESIGNATIONS. 2.6 Assessment Lien means the statutory lien for payment 2.18 Development Guidelines means guidelines adopted by 2.1 Act means the Colorado Common Interest Ownership Act, as of Assessments provided by the Act. the Site and Architectural Review Committee to provide persons in efflacece from tine to time includingenceto any amendments to or 7 2.7 Association means Maroon Creek Club Master desiring to build homes, to construct other improvements or replacements thereof. Any reference a particular sectioncarry on any other development activity on Lots on which of the Act shall include any amendments to or replacements of Association, a Colorado nonprofit corporation formed and single family residences or multi-family housing may be such section• when this Declaration makes reference to s incorporated to be and constitute the Association to which constructed with site and development design criteria. reference is made in this instrument to further the common defined terms appearing in the Act such terms shall, unless. ;. interests of owners of all property within Maroon Creek Club. 2.19 Eligible Mortgage Holder means the holder of any otherwise provided, have the same meaning as provided in the __ Act. first priority Mortgage encumbering a Lot that has given 2.8 Hoard or Exepllti ve Board means the governing board written notice to the Association and to the Owner of the Lot 2,2 Annual Assessments means the charges levied and 2 _______ - _ :fin. , ate: - -- _._.......u-..,....�__s_._ _._z�s"�.- ..._ ON B733-P598 B733-P598 B733-P598 733-P598 SCALE:1' = 1'-0" SCALE:1' - SCALE:1' - 1'-0' 3 B 4 0 1/2" 1" 2" 1/2" 1" 2" 2 12" 1" 2" 0 1/2" 1' SCALE':1' - TU'' 8364 U75 12/02/93 16:32 Rec 4195.00 By:733 PG 602 #364075 12/02/73 16:32 Rec $195,00 bK 733 PG 60S Silvia Davis, Pitkin Cnty Clerk, Doc f.00 #364 J75 2//2/93 16:32 Fe[ 519S.OU BK 733 PG 603 Silvia Davis, Pitkin Cnty Clerk, Doc f,O0 sSilvia Davis, Pitkin Cnty Cl er F:, Doc $ u *3640'75 12/02/93 16:32 Rec 4195.00 EK 733 PG 604 1 • - Sil via Davis, Pitkin Gnty Clerk, Doc f.UO "" of said Mortgage. Such notice shall include the recording - information for the Mortgage as recorded in the real property - the Act, created within such Lots. tr, after conveyance of seventy-five percent (75%) of the Lots records of Pitkin County. 2.40 Water Service Agreement means the water Service that may be created to Owners other than the Declarant; (ii) ng2. 0 Qgrpe=means the person or persona or legal entity Agreement with the City of Aspen recorded in Book 730 at Page 3 two (2) years after the last conveyance of a Lot by the { -'- 2.20 Golf Conrsa means the golf course and related holding record title to a Lot. Declarant or the Association 797 of the real estate records of Pitkin County, Colorado. Declarant in the ordinary course of business; or (iii) two . facilities constructed or which may be constructed from time shall be entitled to treat the record title holder of a Lot • years after any right to add Lots is lest exercised,Declarant SI to time on r A,B,C, and D and the Golf Course Easement as the Owner thereof for all purposes. ,"ti 3. ASSOCIATION. I may voluntarily surrender the right to appoint and remove -.-- Areas in accordance with the Approval Resolutions. , Officers and of the Board before of the n2 Cr31 Plat means the Final Subdivision Piet and BookPUD £33 -,, 3.1 formation of Associeti The Association shall be I foregoing period Members Declarant control,but termination that event, the 2.21 77o1f Conran FCreek Ares means all those portions Maroon Creek Club recorded November 15, 1993 in Plat 33 k� a nonprofit Colorado corporation charged with the duties and Declarant may require for the duration of the period he of Lots within Maroon Creek Club which are burdened by the at page 4 of the real estate records of Pitkin County, invested with the powers prescribed by law and as set forth a' Declarant control that any action specified in the document Golf Course Easements created by Section 9.2 of this Colorado, and My amendments thereto realas may be duly approved in its Articles, Bylaws, this Declaration and the Act. The by which Declarant voluntarily surrenders such rights be Declaration or the Plat. by the County and recorded in the estate records of Association shall be a master association acting in the approved by the Declarant prior to any such action becoming Pitkin County. By this reference, the Plat is incorporated capacity of an association described in Section 38-33.3-301 effective. 2.22 Jomited Common Elements means that portion, if any, herein. of the Act and nay exercise all of the powers described in of the Common Elements allocated for the exclusive use of one Section 38-33.3-302 of the Act. Neither the Articles not (b) In addition to the limitation on Declarant's right or more Lots but fewer than all the Lots. 2.32 Property Convoyed or tomcod by Declarant means any S; Bylaws of the Association shall, for any reason, be amended to appoint removet lathers of the Board set forth in (a) real or personal property which Declarant sells, giants, or otherwise changed or interpreted so as to be inconsistent tooap,silty and move after conveyance oatwenty-five pin (a) 2.23 Lot or Lots means the subdivided parcels of land the assigns, conveys or leases to the Association including, but with this Declaration. (rshi of the Lots that nay be created to Owners other than the boundaries of which are described on the Plat and which are not limited to,buildings, other improvements, roads,trails, Declarant, twenty-five percent (25%) of the Board shall be referenced in the Plat a either "Lots" or ^Parcels^ and utilities, water rights, which water rights may include but 3.2 Executive Board Members and Officers. The affairs elected by Owners other than Declarant and sixty (60) days designated by number or as on the Plat, excluding, not be limited to, wells, ditches, reservoirs or shares of of the Association shall be conducted by the Executive Board el conveyance of fifty percent (rani o the Lots that may however,the Common Area Parcels and Lot 49. In the event that ▪ stock in any ditch r reservoir company, signege, security and such officers as the Board may elect or appoint in be created to poc0%)of thirty-three t and a Lot is further subdivided or a condominium is created on all gates, equipment, inventory, furniture, fixtures, fences, accordance with the Articles and Bylaws as the same may be one thirde percent Owners(3 other/3%)thanf the Board shall be rees by or a part of Multi-Family Lot, such further subdivided parcel lighting, trucks or other vehicles, amended from tine to time. The Association by and through the Owners other than the Declarant. The Board members to be or condominium unit shall be deemed to be a Lot. Board shall govern and manage all Property Conveyed or Leased elected this Section 3.3(b) shall be elected from the 2.]3 goads means the roads shown on the Plat. by Declarant,the Common Area Parcels,the Common Elements and Classes of under this ships in proportion to the percentage of Lots 2.24 Maroon Creek Club means the planned community - any other Association property and shall enforce the that have been conveyed to Owners other than Declarant in each comprised of all of the Lots including Single-Family Lots, 2.34 Egad Easement Aoreemellts means any agreements provisions of this Declaration,Recognizing that Maroon Creek Class v Moen conveyed As example, if at the time thatn in .. multi-Family Lots, the Golf Course and Common Area Parcels entered into between the Declarant or the Association and Club consists of three distinct land uses the Owners of which five percent (rshi of the Lots that may be created have nty- n together with additions or deletions thereto as permitted another party regarding the use, maintenance, repair and each have valid interests to protect and in order to not conveyed to owners other than the Declarant, fifty percent Meer this Declaration, but excluding Lot 49 as described on replacement of any of the Roads. discriminate in favor of any Lots owned by the Declarant, the (50%) of the Lots comprising Class A Memberships, twenty-five the Flat. Board shall consist of nine (9)Members comprised as follows: percent (25%) of the Lots comprising Class C Memberships and TIE HAC K 2.35 Road Maintenance Aureamen neans an agreement none of the Lots comprising B Memberships have been 2.25 Member or wnmlwerq means Owners who, by virtue of • between parties including Declarant and County for the (a) Five (5) Board Members shall be Class "A" Members conveyed to Owners other than the Class B Declarant then of the three ownership of a Lot, are entitled to class "A", Class"B^, or ▪ maintenance of Stage Road, North Underpass Road and the South elected solely by the Class "A" Members: Board members to be elected under this Section e two RESIDENCE Class "C^ memberships in the Association, all as provided in • Underpass Road, which agreement is recorded in Book 730 at would be elected by the Class A Members, one would be elected Section 3.6 below. Page 739 of the real estate records of Pitkin County, (b) One (1) Board Member shall be a Class "B" Member by the Class C Members and no Board members would be elected 1 TIE C K Colorado. elected solely by the Class "B" Members; and by the Class B:::=:. 2.y Mortgage means any mortgage, deed of trust or other RD.ASPEN N CO security instrument creating a real property security interest 2.36 Single Family Lots means those Lots designated on (c) Three (3) Board Members shall be Class "C^ Members 3,q Assggiaf inn Rnleq. The Association may from time in any Lot, excluding any statutory, tax or judicial liens. the Plat as Lots on which only single family dwelling units elected solely by the Class ^C"Members. to tine adopt, amend and repeal rules and regulations to be 81611 may be constructed, known as the "Maroon Creek Club Master Association Rules" by 2.27 Mortgagee means any grantee or beneficiary of a So long as the Declarant is entitled to appoint all members a majority vote of the Board. The purpose of the Association Mortgage. 2.77 Site and Architectural Review Committee, sometimes I of the Board, the number of Board members may be less than Rules shall be to implement, supplement or otherwise carry out referred to as the sARC means the committee appointed pursuant nine at the discretion of the Declarant. the purposes and intentions of this Declaration. Rules shall 2.28 rtgagor means any grantor or truster of a • to Section 5.1 below. not be inconsistent with this Declaration. Mortgage. SD 2/1/2022 2.38 9ner•ial AsaesnIDents means any special or extra- 3.3 Period Of Declarant Control. 7,5 7•inf red Liability. (a)Except as otherwise provided DD 3/i 6/2022 2.29 Multi-Family Lots means hose Lots designated on the - ordinary Assessment levied and assessed pursuant to Section in the Act or this Declaration for Board members and officers HOA 2/26/2022 Plat as Lots on which multi-family housing may be constructed. 6.3 below. (a) subject to the limitations o0 (b) below, Declarant appointed o the DDOlaraat, neither the AesOciatid nor its PERMIT 2/1/2023 Multi-Family Lots includes Units as that term is defined in shall have the right eton appoint an remove members of the past, present or future, officers, directors, nor any other 'I2,39 Special Cost Centers are defined in Section 6.5. Board until the occurrence of either of: (i) sixty (60) days employee, agent or committee member of the Association shall 4 5 6 7 B733-P598 C ffi" B733E 1P598 6 0 2 B733-P598 7 D 2" B733-P598E , Q J1 D vz" r' z• SCALE - FULL LAND 0.. USE APPROVAL RECEIVED LUA.40 02/02/2023 ASPEN BUILDING DEPARTMENT RED 1001 uite 1 Grand03 Ave ;Z[i..�.a�i.� %.•,�'3a ,� _...�..,�.___- --- - S *36407 Silvia 12/02/93 16:32 Roc iar-k,$195.00 BK 733 PG 606 *364075 12/02/93 16.32 Rec $195.00 6K TJ3 PG 60T PG 608 Silvia Davis, Pitkin Cnty Clerk. Doc $.00 Silvia Davis, Pitkin Cnty Clerk. Doc $.00 i PG 609 Glenwood Springs %364075 32/02/93 16.32 R c $195.00 BK 733 p364075 12/02/93 16:32 Rec e195.00 BK T33 CO 816D1 Silvia Davis, Pitkin Cnty Clerk, Doc S.OU Silvia Davis, Pitkin Cnty Clerk, Doc 4.00 be liable to any Owner or to any other person for actions i taken or omissions made except for wanton and willful acts or nforcamvnt. Tne Association shall have the ri ht carry out its responsibilities under this Declaration and to �� materials furnished at the instance of the Board shell De the omissions. Without limit to the foregoing, the Association iiiii;;ii;in];;7'Lrltj:::'7 o bring suitlgal orequitablerelief forany 1 withtherequirementsoftheAct. Allfinancialand basis for filing a lien against any Lot. omind Ue Board shall not bt liable to any Party for any iation kpliance with any provisions of this Declaration or oothery records shall be Wade reasonably available for ;F Oor Lon any failure to act with respect to any matter if out g by Caction taken or failure to act was in good faith and rithout l ated the Board or SARC. In addition, the examination by any Omer and such Owner's autho[ized agents. l� 3.15 SA*rain Provisions RPq$rdinp Association Property. shall have the right to impose on any Omer 1' Property Conveyed or Leased by Declarant and any other These documentshavebeen mites. Acts taken upon Ue advice of legal counsel, nes for any lack of compliance with provisions of 3.11 Association Contracts. To the extent the Board ao Association property, including but not limited to, Common specificallypreperetlforia70 certified public accountants, registered or licensed ration or rules promulgates by the Board or SARC and elects, the Association mayenter into or accept the Area Parcels, Common Elements, the Roads, trail and utility Tieback.They are not suitable for engineers, architects or surveyors shall conclusively be where such fines are not paid within the tine provided, such assignment of contracts to prvide functions or services for �� easements shall, at all times,be owned, operated,maintained use on other projects or in other deemed ce be in good faith and without malice. To the extent fines may be collected as an Assessment Lien. The failure of Ue benefit of o[ relating to the Maroon Creek Club. My and exercised by the Association consistent with the locations without the approval and insurantoce carried by the Association for such purposes shall the Association to insist upon the strict performance of any contracts that Declarant has entered into that affects the provisions of this Declaration, the Plat and the Act and in panicipatiun of the architect. not be adequate, the Owners severally agree to indemnify the such provisions or to exercise any right or option available Maroon Creak Club shall be binding upon the Association ;- trust for the use, benefit and enjoyment of Owners entitled Reproduction prohibited without Association or Board against loss a resulting from such action to it, or to serve any notice or to institute any action, whether or not the Association accepts an assignment thereof. to such use, benefit and enjoyment and their family members, approval of the architect. or failure to act,provided that the Association and the Board shall not be a waiver or a relinquishment for the future of By way of example and not limitation the Association may enter guests and invitees. The Association may not convey or 2023 acted or failed to act in good faith and without malice. any sues provision or the enforcement thereof. My Omer into Road Easement Agreements or Road Maintenance Agreements. subject to a security interest any real property owned or aggrieved by a lack of compliance by another Owner may also such contractual obligations may be provided by the leased by the Association without the prior written consent (b) Any Board member or officer of the Association $ bring suit for legal and equitable remedies. If any court Association's employees or an independent contractor retained of 80%of all Owners and with regard to any such conveyance appointed by the Declarant as provided for herein shall proceedings are instituted in connection with the rights of by the Association. To the extent provided in any such or security interest shall otherwise comply with the Y exercise in the performance of their duties the standard of -� enforcement end remedies provided in this Declaration, the contract, the Board shall charge and collect any fees or provisions of the Act. care required of fiduciaries of the Owners. prevailing party shall be entitled to reimbursement of its reimbursements provided by such contracts. The Board may costs and expenses, including reasonable attorneys' fees, in establish Special Cost Centers as provided for in Section 6.5 4. MINN. 3.6 nQmperahiQ. The ica es Association shall be a stock.membership connection therewith. for any contracts entered into under the provisions of this associationb without certificates lo shares of ist Section 3.11. 4.1 General. Except as otherwise provided in this membership of the Association shall at all times consist 3.9 power of the Associat ioD. Hach Amer agrees that Section 4, an Owner shall nave one(1)vote allocated of each exclusively of all Owners.Membership in the Association shall the Association has all the powers granted it by the Colorado 3.12 Omer Association Functions. The Association may Lot owned and the affirmative vote of a majority of the total automatically terminate when on Owner ceases to be an owner Nonprofit Corporation Act and any amendments thereto or undertake, to the extent the Board in its sole discretion so of all Owners constituting a quorum in person or by proxy and of a Lot. Maroon Creek ass Club consists of three tationca land replacements thereof and the Act, including all of the powers uses and therefore to assure adequate representation and to elects, to provide functions or services for the benefit of entitled to vote on any matter shall constitute approval of p described in Section 38-33.2-302 of the Act. Such powers all,or some,Owners on such basis as the Board may reasonably such matter unless a different number is required on a protect the valid interests of the Owners of all Lots, there shall be three voting classes of membership in the shall include,without limitation,levying A sessments against determine. Such functions or oiler services may be provided Particular matter by the Act, this Declaration, the Articles Owners, imposing a lien on Lots for any unpaid or uncollected by the Association's employees or an independent contractor or the Bylaws. Where there is more than one Owner of a Lot, Association: Assessments or penalties, and foreclosing any such liens, retained by the Association. NiU respect to any Maroon Creek the several record Owners of such Lot shall be required to I (a) Owners of Single Family Lots, including Lot 13 shall enforcing any deed restrictions and covenants, acquiring, Club functions or services, the Hoard Hey establish Special designate, by prior written notice to the Association in have a Class"A" voting membership: holding, owning, leasing, mortgaging and disposing of Coat Centers as provided for in Section 6.5 for the operation accordance with the Bylaws, the particular Omer who shell property, the adoption of rules and regulations, the thereof. cast the votes appurtenant to that tot. If the several Owners defending,prosecuting or intervention in litigation on behalf of any Lot are unable or unwilling to designate n particular (b) Owners Lotsof Lots and5 52 end Parcels A, s C and Ding of all Members, the borrowing of monies for Association 3.13 Notice tel Maintain. An Owner shall immediately Owner to vote, then the membership appurtenant to that Lot the Owner of 14 15 shall have a Class Lots voting purposes and the right to pledge future income in order to report to the Association, in writing, the need for any shall not be entitled to vote on any Association affairs until m 15mbership. In the event that either or both Lots 14 ande secure such borrowings. The term"pledge of future income" maintenance,repair or replacement which is the Association's such designation is made. 15 are conveyed to the Association, such so conveyed shall include the right to impose a Special Assessment for shall cease to have a membership in the Association and shall re ant of such burro i qn responsibility then to provide. In ns event of any disagreementoc k 4 2 A quorum is deemed present throughout any ill peas ngs end U asri such S cial as to the need for or the responsibility of the Association De Common Elements: Assessment (and all lien and collection rights appurtenant to provide the said maintenance, repair or replacement, the meetingof the Association if Members entitled to cast (or (c) Owners of the Multi-Family Lots shall have a Class thereto)to the lender as security for repayment thereof. The good faith decision of the Board shall be final. proxies entitled to cast) 50o of the votes of the Association Association may exercise any other right, power or privilege are present at the beginning of the meeting;provided however, "C"voting membership. given to it expressly by this Declaration, the Articles and 3.14 M h Nice' Liana. Declarant shall be responsible for matters on which voting is restricted to a Class of By-laws, or by the Act, and every other right, power or for Ue release of all mechanics' liens filed with respect to Membership, then, 50% of the Members of that Class must also j 3.7 and guests, n s,Effect. EachOwner, his lessees, their privilege reasonably to be implied from the existence of any the Association property, or any part thereof, if any such be present in person or by proxy to constitute a quorum for Owner, yuestt ge heirs, successors a assigns g an right, power or privilege given to it herein or reasonably Owner, or any Mortgagee, and any other persons using or liens arise or are alleged to arise from labor performed or voting on that matter. If, however, such quorum is not necessary to effectuate any such right, power or privilege. materials furnished at the instance of Declarant, its agents, present or represented at the meeting, the Members entitled o with a Lot, shall bethis bound cbyl radon, strictly ,comply with the provisions of Declaration, the By-laws, the contractors or trials furnished Except as the result of labor to vote at the meeting will have power to adjourn the meeting nt at I Articles, any deed restrictions and covenants and all rules, performed or materials furnished at the instance of the Board, from time to time, without athouorumtie other present arepresented by regulations and agreements lawfully made by the Association. 3.10 Association Records.The Association shall maintain no labor performed or materials furnished with respect to the meeting, financial records sufficient to enable the Association to lien again,property or Lots shall be the basis for filing a proxy. I lien against any Association property• No labor performed or 8 9 10 11 6 { I ] 1 0 2 1 = 1D 733E1P5983 B733-P598 d B733SCALE P598 SCALE:1' 2 0 2" B' B733-P598 2 li / 0 SCALE1 - 1 0 twit(VIk7iL,Waso siminet•o.:-ensw.e.:. ..., --._._ _ ..._ w.N.....� w.-. �....a:..'�:wiv w 'auvc-n:. .aw„wb.r-*md..�..k64tiui► '°.""�_. ...,,,,.,,. .�..t a..... / -.... _..__.. 2� 2 1' -_....- PG 612 }�:4p_:._ '1mp.14i.sa.,... 12/02/93 16:32 Sec Clerk, $795 OUo$ %364U7 19101143 Rec $195.UO BK sill PG 610 %364075 12/02/93 16:32 Rec A195.00 BK 733 611 Clerk. 12,02/93 16 32 Doc $•00 Silvia Davis, Pitkin Cnty Clerk, Doc $..' c Silvia5Davis, Pitkin Cnty Silvia D v , Pi tl in R c $395.00 BP 733 PG 613 %364075 12/02/93 16:32 y / Cnty Clark, Silvia Davis, Pitkin Cnty Clerk, / Doc $,pry 4.3 election of Executive Board Members. Subject to the snail include,but not be limited to rules ant regulations the powers,duties and responsibilities to it in this right of Declarant as set forth in Section 3.3 above to which do not have visual or other affect outside the Multi- Declaration SARC may at the expensei assignedo the Association in this CMC shall have the right to request whatever additional appoint and remove members of the Board, each Class of Family Lots and other such matters not in conflict with this hire an specific information, plans, specifications, reports and the y pn. Th TheARc a secretary or other personnel to like si deems necessary to evaluateto the development proposal Membership shall be entitled to elect that number of Board Declaration. perform administrative,clerical and other functions. So ion Members as set forth in Section s3.2.uch The Board shall beed as Declarant elects or appoints a majority of the Board of the throughout the approval and construction process. The SARC elected at such frequency and for such terms as are provided (c) Actions Affects a th-Single Family lure.Except for Association, then Declarant mayalso act as the SARC shall certify to the Owner, in writing,when the submittal is for in the Bylaws. The candidates receiving the highest matters relating to Assessments,including Special Assessments complete. The majority vote of the members of the SARC shall hereunder. number of votes from each Class of Membership shall be and assessments for Special Cost Centers which shall bebe required for approval of plans: provided, however, that n elected. Members by Section a only Class A Members to Class A Board i 5.2 Authority. The SARC is being established for the the event the SARC fails to take any action within sixty (60) Members, • which appropriate, shall be entitled thevote on Familymly benefit of Owners of the Single Family Lots and the Multi- days after four (4) copies of the complete architectural and 4.4 Removal of Ewhichiae quorurdm issmpres• At any meeting ts Matters shich s beta affect only Single Family Lots.Except as otherwise provides in this Declaration, site development plans, specifications, materials and colors of the Association beat which a quorum present, the members Lots. which substantially but not affect only the rulesSi and no improvements of any kind or changes in the natural have been submitted to it and the submittal has been certified of any Class of Membership may, (with or without cause) by a regulations iota shall include, but be limited Ownersto and condition of any property including, but not limited to, the in writing by the SARC as complete, all of such submitted presentsixt -seven percent (67%) vote of all members of the class Familylatio which shall be applicable only to of Single construction o£dwellings or other structures, outhuildin s, architectural plans shall be deemed to be approved. The SARC (in person or by proxy) and entitled to vote to remove Lots and other such matters not in conflict with this fences, grading, planting, ponds, g shall not unreasonably disapprove architectural plans. The any Executive Board Member elected by that Class of Declaration. garages, roads, driveways, antennae,satellite diarteoyafla� SARC shall disapprove any architectural and site development Membership, other than a member appointed by the Declarant. l poles or the like, shall be erected, altered or 90 plans submitted to it which do not contain sufficient 4.64.5 ^'"•+"+ tion end Appeals. . remain on any Single Family Lots or Multi-Family tednor information for it to exercise the judgment required of it by est Voting by CrsrytF To recognize and protect the valid i shall any excavating, clearing or landscaping be Bone thereon these covenants. interests of Owners n Creek comprising each of the types to (a)Determinations under Section he4. (a),regarding those 1 unless complete architectural plans and specifications lend uses with Maroon Club and to equitably allocate matters which substantially affect the Golf Course, or the site iration and a 5.5 Building Permit. An Owner of a Single Family Lot expenses including the expenses of ownership and operation of j Golf Course Easement Areas or fe Club shall Mbee made, by the + plan showing the location and orientation for such ore Multi-Family Lot may apply for a building permit from the PP Y County at any time; provided, however, the plans submitted to the Golf Course, the following class voting is being � Board Members elected by the Class B Members which construction or alteration or landscaping area roved D the i determinations shall be binding on all Owners and any ! SARC prior to the of such work. The SARC shall established. j also be mandated commencementt assure Uet no activity will cause an the County shall not differ in any way from the plans approved determination that a matter substantially affects the Golf S interference or have any advers •impact u y by the SARC. If the plans submitted to the County differ in (a)Actions Affect ins the includingGolf Spec.Except for matters conclu ov the Golf d to Easemnt Areas or the hlub shall beNon Ue Golf Course any way from the plans approved by the SARC, all approvals of relating to Assessments, Special Assessments and conclusively deemed to be a natter wRecn does not or the Golf Course Easement Area or the Club. The Course the SARC shall be deemed automatically revoked. authority shall lee limited to the Single Family Lots and the 5.6 Variances• Subject to any restrictions contained Section for Special Cost Centers which shell be governed substantially affect any other Lots; Multi-Family Lots. by Section a only Class H niters to Clues B Bthos Members, (b) Determinations under Sections only yd (c) asle in the Approval Resolutions or any other applicable covenants as appropriate, shall be entitled to vote on those matters5.3 preliminary Approval• owners or other entities who what are matters which substantially affect the Single antics to constructin g y or restrictions, the SARC may, by an affirmative vote of a which substantially affect the Golf Course,or the Golf Coursemajority of the members of the SARC,allow variances as to any Easement Areas or the Club.Matters which substantially affect Family cLotslan or the Multi-Family Lots shall consistent with Pe g iMproveMenls on Sin le Famil Lots or the Golf Course or the Golf Course Easement Areas or the Club this Declaration be made by the entire Board. An Owner may Multi-Family Lots shall be provided with the Development of the arenitectural controls contained in this Declaration shell include, but not be limited to,matters relating to the • appeal such determination by the Board to the SARC by written i Guidelines and shall submit preliminary sketches with a site construction, maintenance, use, operation, repair or notice to the SARC and to the Board within five(5)days after ( end/or policies or rules promulgated by the SARC or contained TI E HAC K peen of auto improvements to Ue SARC for informal and in the Development Guidelines, on such terms and conditions replacement of the Golf Course, or the Golf Course Easement the Board's action. The SARC shall promptly consider the X preliminary approval or dieapproval.subm All preliminary site andRESIDENCE an St shall require. Further, any matter requiring a variance Board's determination and peke its decision which decision architectural.sketchesprovalo shall be submitted r at least four(4) Prom County land use, building or zoning regulations shall Areas, or the Club including, but not limited to nonce of ( sets, and shall contain sufficient eneral information on also require an approval from SARC. operation, landscaping and vegetations ponds, golf cart ng, 1 - shall be binding on all 0 mere. other paths, utilities,numbertra of, signago flags, fencing, those matters requited to be in the complete architectural and p 1 470 TIE HAC K shelters, location and of tennis courts, lighting and i 5. A7$))l1TECTURAL CONTROL$• site development plans and specifications to allow the SARC 5.7 General StanAsrdjt The SARC shall evaluate,among shall also include any matters relating to any leases of to act intelligently in giving an informed preliminary other things: (17 the materials to be used on the outside of RD.ASPEN CO property on which any portion of the Golf Course or the Golf 5.1 ale_ Architectural Review Committee. The SARC approval or disapproval. Persona conteaplatinq the purchase buildings or structures, (117 exterior colors, (Sit) harmony 81611 Course Easement Areas any be located and any other such shall be composed of at least three (7) natural persons of any such Lot may submit preliminary sketches with site of architectural design with other structures within Maroon matters not in conflict with this Declaration. appointed by the Board, at least one of which shall be an plans for purposes of obtaining an informal approval Creek Club, (iv) Neigh! and other design features, (v) owner of a Single Family Lot. Persons serving on the SARC hereunder. TRe SARC shall not be committed or bound by any location with respect to topography and finished grade (b) options Affectlme the Multi-Family Lots. Except for shall serve at the pleasure of the Board. The Board may preliminary or informal approval or disapproval. 1111 elevations, (vi) harmony of landscaping with the natural matters relating to Assessments,includi ng Special Assessments remove a member of the SARC and appoint a new member at any setting and native vegetation, and(vim) .onsiateecy with the and assessments for Special Cost Centers r Cl shall be tine, provided there shall at all times be at least three (3) 5.4 Final Approval• At least four (4)complete sets of Development Guidelines. SD 2/1/2022 governed by Section 6, only Class C Members or Class C Board persons serving on the SARC. The members of the SARC may or the archlteCYYra1 and site development P DD 3/16/2022 Iplane and HOA 2/25/2022 Members, as appropriates shall be entitled to vote on those may not be Board members or Owners and may include one or more apecificntitec shall De submitted de the 9ARC along with a 5.8 Bulls and Requlatipna. TRe SARC may promulgate and matters which substantially affect only the Multi-Family Lots. professionals such es an architect paid by Che Association to complete list of ell materiels and colors to be used. All adopt rules and regulations necessary to implement these PERMIT 2/1/2023 Matters which substantially affect only the Multi-Family Lots perform such services. The SARC shall hove and exercise ell copies of the complete plans and colors to ions shall be covenants. These rules end regulations my include stlreports, bmission signed for identification by the owner or his architect. The requirements concerning the type of information, reports, 12 13 14 15 B733-P598 B733-P598 B733-P598 B733-P598 5 J scALer = 1'-D" = -D• j� FULL LAND SCALE 1' = 1'-0" 0 1/2" ,' 2" SCALE:1' `/ = 1'-0" SCALE:1' 0 1/2" T. 2" 0 1/2" 1" 2" USE APPROVAL RECEIVED LUA.41 02/02/2023 ASPEN BUILDING DEPARTMENT as "•.L A+ ,c.: • .-.:sl. ,.a......�atCa Rt.r.'i;.;K.. a... -4 ' 'l, ,'''fix:,we x - ...sa►.. .wnra �' 4364075 12/02/93 16132 Rec $195.00 BK 733 PG 614 ...3 �• Silvia Davis, Pitkin Cnty Clerk, Doc $.00 Silvii5 12/02/93 16.32 Rec $195.00 BK 733 PG 615 PG 616 Silvia Davis. Pitkin Cnty Clerk, Doc $.UU ff. 16:32 Rec 4195.OD 6K$733 plans and specifications and the like which need to be rkinntyClcr4, *364075 12/02/93 16:32 Rec $195.00 B 733 ., 617 1001 Grand Ave submitted with an a lication or site s ecific limitations. t to the SARC. Within thirty (30) days after receipt of suchSilvia Dais. Pitkin Cnty Clerk, Doc 6.00 Suite 103 Y pp p notice, the sARC ma ins ct the work to determine its Glenwood Springs By way of ilesandtreg only and without requirement to do so, Y Owner and::: the same manner as it applies this the eARC rules and regulations may address and the SARC shall Compliance with the approved plans. If the SARC finds thatAssessments shall be allocated as provided in Section 6.4. CO 81601 have the power and authority to regulate any or all of the the work was not done in substantial compliance with the x Section 5 to all Owners. x ;y. For purposes of this Section, the term"emergency"shall mean following: application procedures and processing fees; approved plans or any construction or change in natural any circumstances or set of circumstances which poses an 6. ASSESSMENTS.charges a any outside professionals os other costsof incident conditions i any Single Family Lot or al from SARC,Lot ten imminent threat of loss or damage, actual or threatened, to to evaluating any application, bonds in the form of cash undertaken without first obtaining approval from written 6.1 Purosse of Assessments; Assessment Lied. All persona or property. deposit, letter of credit or otherwise regarding damage to notice shall be sent by the Board to such Owner specifying the Members of the Association hereby covenant and agree,and each Roads or other subdivision infrastructure and for including, noncompliance and requiring the Owner to cure such public 6.4 Allocation of Assessment. Annual Assessments and and restoration of lands;color and materials, including, but noncompliance within thirty(30)days or any extension thereof Owner by acceptance of a deed to a Lot, including p These documents have been not limited to, roofs, chimneys, siding,masonry and glazing; granted. If the Owner fails to cure the noncompliance or to { trustee or sheriff's deed, is deemed to covenant and agree, special Assessments shall be allocated based on the amount re height limitations, blinding profiles and driveway enter into an agreement to cure on a basis satisfactory to to pay the Association Assessments including Annual the Assessment divided by the number of Lots that are specfiwlly preparetlfor 1a70 s otblimit cg i obligated to pay the Assessments, and may be collected on a Tiesheaoc^oTheyarenotsunablefor locations;construction staging, construction hours which may SARI within said thirty (30) day period or any extension Assessments, Special Assessments, charges relating to anychar prnjectsornother applicable Special Cost Centers, and all assessments and yearly basis or more often as the Board so determines. Where locations without the approval and be controlled during certain times of the year, storage for thereof as may be granted,theems Board may,at its option,cause special Coat Centers are established, assessments will be the noncomplyingim rovemant to be removed or the charges to be established and collected under this pan clpatlon of the architect construction materials, location of temporary construction P Declaration. Assessments, with interest, costs, and charged to Lota participating in such Special Cost Centers in Reproductonpmhitedwmout facilities such as trailers,ai ,dumpsters and toilets; routing; noncomplianceasandx s be cured. The Owner shall assessedn theby y of utility extensions;drainage, grading and erosion control; coats and expenses incurred by the ARC or the Board taking reasonable attorneys' fees,shall together secured the Assessment i accordance with the provisions of Section 6.5. approval of the architect. landscape and vegetation, fencing, lighting, signage, and corrective action, plus all costs incurred in collecting Lien as provided for in the Act on the Lot to which they trails; concerns or objectives regarding maintenance of amounts due, including reasonable attorneys' fees and costs relate in favor of the Association. The Assessment Lien shall 6.5 Social Cost Centers. "Special Cost Centers" shall 2023 on the Lot, perfected by the recording of this mean the identification and aggregation of all costs a agricultural lands and preservation of wildlife; and privacy as a Special Assessment which, without waiver of any other be a charge amount of all items set forth reasonably estimated by the Board to be attributable to a and visual characteristics. Such rules and regulations shall right or remedy, may be collected as an Assessment Lien. The Declaration shall be for the function or service not provided to or obtainedall Owners i or to which certain Owners receive dispropri byenefits from beadopted, amended or replaced by affirmative vote of a Owner shall be personally liable for all such costs and herein from the date such amount becomes due and shall be the personal obligation of the Owner of such Lot at the time the majority of the SARC. expenses. Assessment became due. Where there is more than one Owner, such function or service. Where Special Cost Centers are established, the Board shall have the reasonable discretion, 5.12 Out Parcel Review. There is currently one each shall be jointly and severally liable for all based on benefits received, to determine which Owners shall 5.9 Site,did Architectural Review Committee Not Liable. Assessments. Except for a sale or transfer of any Lot pursuant Neither shalltha SARC,ethe Hoard, macs to any or any of its residentialtstructure located on the catedl adjacent lend dtoiCommon to foreclosure of any first lien security interest or any be charged for such benefits and what a mounts shall be paid anybers be liovll for damages Ow er, person on t any As an arc Parcel on the plat and located to Common proceeding in lieu thereof, the grantee of any Lot (i.e., by each such Owner. The amounts charged to an Owner for a any plans for approval,approval,o to any Owner, by reason of any Area Parcels Pitkin and O to(the "Out Parcel").Out Application i may P 9Special Cost Center shall be an Assessment in addition to any action, failure to act,withregarddisapproval or failure to beo made to County to subdivide this Parcel into two liable wi or other transferee) shall be jointly and severally 1 Annual Assessment or special Assessment.The following Special approve or disapprove to such plans unless such lots and for construction of one additional residential liable with Ris grantor(i.e.,seller or other transferor)for all un id Assessments or other proper charges due the Cost Centers (which shall not be exclusive) are hereby action or inaction is taken willfullyor wantonlyand not in dwelling on the newly created lot (the "New Lot"). If the Pa established and allocated to the Lots specified: residence currentlylocated on the Out Parcel is voluntarily Association prior to, as well as subsequent to, the date of Pe good faith. The Step shall have no liability or the recording of the conveyance without prejudice to the responsibility for any representations made to any Owner or destroyed such that the cost to rebuild such residence would rights of said grantee to recover from grantor any Assessments (e) North Side Road Maintenance Cost Center. The coals prospective owner by any third parties. The decision of the be in excess of eighty percent (80%) of its then fair market and expenses relating to the cost of maintenance (including SARC shall be governed by these covenants and any rules or value and neither Arthur O. Pfister or Elizabeth H. Pfister paid. anew removal), repair, and replacement, including the cost regulations duly adopted by the SARC pursuant to these (the^Pfisters") are the owners at the time of such voluntary covenants. destruction, then such residence and the owner thereof (the 6.2 Annual Assessment's.. Commencing with the year in less the income associated with the Road Maintenance "Original Residence Owner") ")shall thereafter be subject to the which this Declaration is recorded,an Annual Assessment shall Agreement, for North Underpass Road, Stage Road and Stage 1 be made against each Lot based upon an annual budget approved Court shall be allocated to this Special Cost Center. Lots 5.10 an Records. The SARCshall keep and safeguard ed jurisdictionl the SARC and the provisions of this Section ' r Complete and permanent written records of all approved - 5 applicable to Single Family Lots. The additional residence by the Board for the purpose of paying Common Expenses, 50 through 52 and Parcel A shall be charged these costa and applications, including one set of the finally approved to be constructed on the New Lot and the owner thereof (the including but not limited to, reserves for operating expenses. architectural and site development plans, and of all actions "New Residence Owner"), unless such owner is the Pthaters who deficiencies, a sinking fund for capital improvements or any of approval or disapproval and all other formal actions taken shall in no event be subject to the provisions of this Section other matters reasonably determined by the Board to be the (b) re Tiehack Road Maintenance Cost Center. The costs by it under the provisions of this instrument. 5 or the jurisdiction of the SARC, shall be subject to the I I subject of an Annual Assessment. and expenses relating to the cost of maintenance (including jurisdiction of the SARC and the provisions of this section I snow removal), repair, and replacement, including the cost 5.11 Inspection and Compliance. The SARC shall have no 5 applicable to Single Family Lots. The Out Parcel shall not 6.3 Special Aasagiment$. In addition to the Annual less any income associated with any Road Easement Agreements, dutyor Obligation to make inspections of any construction; be subject to any other provisions of this Declaration. The Assessment authorized above, the Association may levy, in any for Tieback Road, shall be allocated to this Special Cost g pe p Assessment period, a Special Assessment for the purpose of Center. andll Lots exceptLots 50 and 52 shall be charged these however, nothing herein shall prevent the SARCfrom making application this Section 5 and any amendments which may be inspections prior to or after completion. Upon the completion made tooit t shall not discriminate in anyy way between the defraying, in whole or in part, the cost of any construction, Pe of any work for which approved plans and specifications are Original Residence Owner, the New Residence Owner or the New reconstruction, repair or replacement of a capital (c) Public Parking Cost Center. The costa and expenses required, the Owner shall give written notice of completion Lot and any Owner and the SARC shall administer and apply this improvement, or for other extraordinary expenses, provided that such Special Assessments shell not exceed Twenty-five relating to the cost of maintenance (including snow removal), Section 5 to the Original Residence Owner, the New Residence repair, replacement for the parking facilities located on Thousand and No/100 Dollars shall be no (except in the event 14 and 16 17 of an emergency where there shall be no such limit). Special Lots 14 and 15 shall be allocated to this Special Cost Center. Lots 14 and 15 shall be charged these costs and expenses. la 19 B733-P598 1 B733-P598 12" B733 P598 6733-P598 SCALE:1' TO. 1' 1" 2" E:1' = 1'-0' SCALE:1' - 1'-0" (�+ 0 1/2" 1" 2" I 0 1/2" T' 2" • v...:..• .....:.< - .....:,..,........_...�.ma.........�_., .._d �-•:v. , .:.e,..x...anf...:.:.r.:w.YaaFa,sstixva:.v.�r."m.ar ia�a..:. 0.'�iifGKa'L +fin. 'a,. if?�.q Ya." t4. ...,. :'4A^r� i� �.. .. ..r.�s � j �S �B•.1 #36407 16 2 $19 Silvia Davis,12/02/93 kin C R Clerk, 0 BK 733 PG 619 #364075 12/02/93 ib 32 Rec $195.U0 6Y.733 PG 621 4 #364075 12/02/93 1G:32 Rec $195.00 BK 733 PG 615 ' Silvia avis, Pitkin Cnty Lierk. Doc $.00 #364075 12/02/93t 16:32 Rec $195.00 BO 733 PG 620 Silvia Davis, Pitkin Cnty Clerk, Doc $.0G Silvia Davis, r. kin Cnty Clerk, Doc $.0'J 9 Silvia Davis, Pitkin Cnty Clerk, inc 8.00 • (d) Golf Course Maintenance Cost Center. The costs and of the Board Nay bear interest from and after the due date ; expenses for the construction, maintenance, use, repair and until paid at a rate set by the Association, but in no event or transfer of any Lot shall not affect the Association's lien (b) Public liability and property damage insurance, replacement of any portion of the Golf Course located on any greater than allowed by the Act. The delinquent Member shall except that sale or transfer of any Lot pursuant to 3 including medical payments insurance, in an amount determined /' Common Element or Common Area Parcel or Golf Course Easement also be liable for all costs,including attorneys' fees,which foreclosure of any first lien security interest, or any to be sufficient in the judgment of the Board, covering all Area including, any costs or expenses relating to landscaping may be incurred by the Association in collecting a delinquent proceeding in lieu thereof, including deed in lieu of occurrences commonly insured against for death,bodily injury 4y and vegetation, ponds, golf cart and other paths, utilities, Assessment. The Board may also record a Notice of Delinquent foreclosure, or cancellation or forfeiture shall only trails, signage, flags, fencing, shelters, lighting and the Assessment or charge against any Lot as to which an Assessment extin ish the Association's lien to the extent required by and property damage arising out of or in connection with the like shall be allocated to this Special Cost Center. Costs or charge is delinquent. The Notice shall be executed by an the Act. No such sale, transfer, foreclosure, or any I ownership, operation, maintenance or other use of Association ' and expenses relating to any leases of property on which any officer of the Board, set forth the amount of the unpaid proceeding in lieu thereof, including deed in lieu of property. This policy shall also cover operation of Assessment,the name of the delinquent Amer and a description p automobiles or other vehicles or equipment on behalf of the P foreclosure, nor cancellation or forfeiture shall relieve any Association. This policy shall extend to the trails stem set portion of the Golf Course or Golf Course Easement Areas po CY Y •:. are located shall also be allocated to this Special Coat of the Lot. The Assessment Lien may be foreclosed p the Lot from continuity liability for any Assessments thereafter forth on the Plat. Center. Parcels A, B, C and D shell be charged these costs Association in the sane manner it a mortgage h real property. becoming eve, nos from the lien thereof. I••;e and expenses. The Association shall a entitled to purchase the Lot se foreclosure. The Board may establish a fixed fee to reimburse 6.10 Statement from the Association• The Association j (c) Wor)men'a compensation and employer's liability !� 6.6 Establishment of Annual Assessment Period. The the Association far the Association's cost in preparing and shall furnish to an owner or such Owner's designee or to a insurance in the amounts and in the forms required by law. period for which the Annual Assessment is to be levied (the recording such notice, processing the delinquency and holder of a security interest or its designee upon written (d) fidelity coverage against the dishonesty of Assessment Period") shall be the calendar year, except that recording a release of said lien, which fixed fee shall be request, delivered personally or by certified mail, first the first Assessment Period shall commence upon the recording treated as part of the delinquent Assessment secured by the class postage prepaid, return receipt requested, to the employees, destruction or disappearance of money or securities,and forgery. This tic shall also cover of this Declaration and terminate on December 31 of such year. Assessment Lien. The Association may bring an action at law Association, a statement setting forth the amount of unpaid rg ry policy persons ; The Board in its sole discretion from time to time may change against the owner personally obligated to pay the delinquent Assessments currently levied against such Owner's Lot. The who serve the Association without compensation. the Assessment Period. The Board shall fix the amount of the Assessment and/or foreclose the lien against said Owner's Lot. statement shall be furnished within fourteen days after S. Annual Assessment against each Lot at least thirty days in : No Owner may waive or otherwise avoid liability for the receipt of the request and is bindingon the Association, the is Coverage of members of the Board and officers of the 1.. Assessments provided for herein b non-use of the benefits Association against libel, slender, false arrest, invasion of t' advance of the end of each Assessment Period. written notice P Y Board, and every Owner. If no atrtement is furnished either privacy and errors and omissions and other forms of liability of the Annual Assessment shall be sent to each Member. derived from Assessments or abandonment of his Lot. No delivered personally or by certified mail,first-class postage generally covered in officers and directors liability Failure of the Association timely to fix the Annual Assessment delinquent Member shall be entitled to vote on any Association prepaid, return receipt requested, to the inquiring party, generals. or to send a bill to any Member shall not relieve the Member of liability for payment of any Assessment or charge. The due matters until the assessment due, e ha interest and all other then the Association shall have no right to assert a priority costs, shall be paid in full. Where esesemenis due from any lien upon the Lot for unpaid Assessments which were due as of policies. Insurance against loss or damage to persons or dates for payment of any Assessments shall be established by Member are more than six (6) months delinquent, the the dae of the request. Association may temporarily cut off any or all Association property for ditch or dam failure. TI E HAC K the Board. services or benefits, until all assessments are delinquent6.10 Assessments For Tort Liability. Except for 6.7 o Association BudmeL• Annually the Executive Board fully paid. Declarant's liability for its actions or inactions which shall (g) Coverage against such other risk of a similar or 4k RESIDENCE shall prepare or cause to be prepared an operating budget for f be established in accordance with the provisions of the Act, dissimilar nature as the Board deems appropriate. the Association's fiscal year, including an operating budget 6.9 Priority of Lion. The Assessment Lien shall be a in the event of any tort liability against the Association for any Special Cost Centers. The budget shall provide for continuing lien upon the Lot against which any Assessment is which is not covered completelyby insurance,each Owner shall (h) If the insurance described in (a) or (b) is not t: 1 470 TIE HAC K ) made. The Assessment Lien is prior to all other liens and reasonably available or if any policy is cancelled or not the allocation of any surplus funds remaining from any prior encumbrances a Lot except: (of1) liens and encumbrances contribute for the payment of such liability as a Special renewed without a replacement policy, the Association shall RD.ASPEN CO budget period. Within thirty (30) days after adoption of the ,r Assessment. The Association may, however, require a larger promptly provide notice of any omitted coverage to all Owners proposed budget by the Board, the Board shall mail, by recorded before the recordation of the Declaration; (2) a contribution from fever than all Owners under any legal or ordinary first class mail, or otherwise deliver a summary of first lien Mortgage on the Lot recorded before the date on either by personal delivery or by U.S. Mail, prepaid. 81 611 aequitable principles regarding liability for negligent orI the budget to all the Owners and shell set a date for a which the Assessment sought to be enforced became delinquent; wilful acts or omissions. + meeting of the Owners to consider ratification of the budget and (3) liens for real estate taxes and other governmental (1) The insurance policies requires pursuant to (a) and which date shall be not less than fourteen (14)e nor more than assessments or charges against the Lot. The Assessment Lien 7 IMS11RAw (b) above, shall provide that each Owner is an insured person sixty eat after the date of mailing or delivery. Unless atill shall also be prior to the Mortgage described in (2) above to SF• under the policy with respect to liability arising out of such that meeting more than fifty percent (50%) of all Owners the extent of an amount equal to the Assessment based on the 7.1 9`voes of Insuran P. The Association shall obtain Owner's Membership in the Association, shell waive the right SD 2/1/2022 periodic budget adopted bythe Association pursuant to Section I of subrogration against any Owner or member of his household, DD 3/i6/2022 reject the budget, the budget is adopted. In the event, the 6.7 which would have become due, in the absence of any and keep in full force and effect the following insurance and shall provide that no act or admission by any Owner, ) HOA 2/2W2022 Owners reject the proposed budget, to last budget ratified bycoverage, if appropriate: unless acting within the Owner's scope of such authority on PERMIT 2/1/2023 the Owners must n continueddget s such time as the Owners acceleration, during the six months immediately preceding ratify a subsequent budget proposed by the Board. institution by either the Association or any party holding a behalf of the Association will void the policy or be a lien senior to the Assessment Lien of an action or a (a) Property and fire insurance with extended coverage condition to recovery under the policy. If at the time of a ,; and standard all-risk endorsements, including vandalism and loss under anypolicyrequiredpursuant to (a) and (b) above 6.8 ffect of x charge t• F 1 lm tY here f not lien Thishiel ection does either itfan actione tr no toe recover hums malicious mischief,on Associationproperty. The total amount Lien. Any Assessmenthallb or ed delinquent or installment thereof not lien. Section does not prohibita an recover sums of there is other insurance in the name of an Owner covering the paid when due shall be deemed and in the discretion for which this Section creates a lien or prohibit the of insurance,h mentr application insuredur deductibles, shall be 100% same risk covered by the policy, the Association's policy Association from taking a deed in lieu of foreclosure. Sale of the replacement value of the property exclusive of shall provide primary insurance. land, foundations and other items normally excluded from ( 20 21 property policies. 7.2 Named Insured and Interests. The Association shall 22 2; / FULL LAND B733USE APPROVAL 733 P598 6 B733-P598 SCALE A. D P598 B733-' - 10 RECEIVED - - 1'-0" 5 SCALE:1' 1'-0' 7 8 0 12" 71 2„ SCALE:1' 0 12" 1' 2" 0 1/2" 1' SCALE:1' 1'-0' 2�. 0 1 2" 1" 2' LUA.42 02/02/2023 ASPEN BUILDING DEPARTMENT yiyrla.,t FNM_ f m a• 1k m d Na �.__L. L. r< SAa7l. NN+tr 11 .... feet: 7�4atir': siVmNe.aal.,w�'::' x5..�,;�.rs � >�.� �:. ... �: , 0364075 12/02/93 16:32 Rec $195.00 HY. 733 PG 622 / Silvia Davis, Pitkin Cnty Clerk, Doc s.u� N364075 1 /0-/93 16:32 Rec $19 .00 BR: 733 FG 623 N364075 12/02/93 Ib:32 Rec 4193.00 BK 733 PG 624 Il Silvia Davis, Pitkin Cnty Clerk., Doc $.00 Silvia Davis. P>.tkin Cnty Clerk, Doc f.00 y N364075 12/02/93 16+32 Rec $195.00 BK T•13 PO ens 1001 Grand Ave Silvia Davis, Pitkin Cnty Clerk, Doc coo be the named insured undert each he Act f said p olicnsured ehhall $Ulte 103 appropriate or required by ' 8.3 Iasi Except for Lot 51, dogs are permitted as pets enclosed within a cow, ga structure. My motor Rome,trailer, or permitted which may become a nuisance to, or unreasonably Glenwood Springs include the Declarant and the officers and directors of the on Single Family Lots and Multi-Family Lots,provided that any boat, truck, trnetor, garden equipment and any similar items shall be kept at all times, except when in actual use, 1n an disturb, Owners of other Lots, or be injurious to the CO$1601 Association. Where appropriate or required by the Act, dog shalt be kenneled or leashed in accordance with County or P P reputation of Maroon Creek Club. separate Owners shall also be named insureds. The certificate other applicable governmental agency's leashing laws and any enclosed garage. My refuse or trash containers, utility or memoranda of insurance,payment premiums shalllbe issued Maroon Creek Club Master Association Rules which may restrict meters or other facilities, service areas, or storage piles 8.14 Completion of Cy Lot s all My construction and renewals, and proof of paym dogs on Common Area Parcels, trails or other areas within shall be enclosed within a structure or appropriately screened to the Association, and upon request,to Declarant end to any Maroon Creek Club. Dogs are prohibited on Lot 51 and no from view by planting or fencing approved by the SARC and activity on any Single Pamily Lot shall be completed and fully cleaned up within eighteen (18) nontha from its commencement C Owner who is a named insured eor to any Eligible Mortgage variance from this prohibition shall be available- adequate to conceal the same. No lumber, metals, boat or a variance.:hall be obtained from the SARC to allow for a O Holder. materials, scrap, refuse on troth shall be kept, atoned or longer period of construction upon proof of due diligence. spoe5cThesedoeumentrhavebeen +-an Proceeds. The 70 Association shall receive 8.4 Other Pets. pets, other than dogs, shall be allowed to accumulate on any Lot, except building materials g specifically preparetl e,t iaef 7.3 the Association in permitted subject to obtaining the prior approval of the during the course of construction and only for such reasonable 8.15 Fireplaces. All structures to be constructed in the Tiehack.They are not suitable for the proceeds of any insurance purchased by Association, which approval may include conditions or rules periods of time as is necessary prior to their collection or use on other projects or h other as to maintainingsuch pets. The Association may prohibit disposal. Maroon Creek Club shell comply with the fireplace restrictions trust for the Owners and any lienholders as their interests and regulations of the County and the Approval Resolutions- locationswithout[heappmvaland may appear. Subject to the provisions of the Act, in the altogether the maintenance of certain pets on Maroon Creek panicipatlon of the architect. of damage Or destruction due to fire or other disaster, Club lands- 8.9 eeeeilite Dishes. Satellite dishes shall be 8.16 Driveways. Driveway design, Reproductionpmhibitedwamd event the insurance proceeds are sufficient to reconstruct the prohibited. constructionY Y gn, lbe a pr, surfycthg approval of the architect. improvements, the Association shall promptly cease such 8.5 FDrther Slibdivisi D, Except as to permitted SARC and and n methods, shall be approved by the irmprovements, to occur. If the insurance proceeds are not condoainival2ation of the Multi-Family Lots 17, 18,and 50 and 8.10 Bunting and Firearms. The discharge or shooting of the and shall be in compliance with applicable provisions of 2023 the Approval Resolutions. The design and construction of sufficient for such purpose, the Association may levy a to the extent permitted the division of the Employee Housing i firearms is prohibited- Speciel Assessment against tbe Owners for such deficiency.My Units on Lots 13 and 52, no Lot shown on the Plat shall everdriveways shall comply with the County standards and portion of the Common Elements for which insurance Ss required in the future be subdivided by an Owner into smaller parcels 8.11 Drain a-'-Erosion ruin ELLI. No Owner of a Single 1 specifications governing driveways. under this Section which is damaged or destroyed shall be or conveyed or encumbered in any less than the full dimensions Family Lot or a Multi-Family Lot shall do anything which shall repaired or replaced promptly by the Association unless: (i) shown on the Plat. fnpair or adversely affect the natural drainage on any Single 8.17 Trees and w ndaceoina. Except Por ordinary end Maroon Creek Club is tereinated; (11) repair or replacement Family Lot or a Multi-Family Lot, or divert drainage or ab�.e pruning, Owners of Single Family Lots and Multi- 8.6 Boundary Line Adivateents by Owners. Notwith- irrigation water onto another Lot or deprive any other Lot of I Family Lots may not cut or alter trees, bushes or natural would be illegal under any local statute °rcentdof the g vegetation except with the approval of the SARC. All approved • governing health or safety; (iii) eighty (80) pe standing the provisions of Section 8.5 above, a boundary line its natural drainage course. No Single Family Lot or Multi- Owners vote not to rebuild: or (iv) prior to the conveyance adjustment by Owners between two Lots shall be permitted Family Lot improvements may cause new erosion or exacerbate landscaping noel be compatible with and of a quality at least { of any Lot to a person other than Declarant, the Roller of a provided that: existing erosion or draining patterns There such changes are, equal to the Golf Course landscaping. { Mortgage on the damage portion of the Common Elements in the opinion of the Association detrimental to other 8.18 Barnacle by Owners• Each Owner is responsible t rightfully demands all or substantial pert of the insurance (a) the approval of the Association and the County is property in Maroon Creek Club. Each Owner shall install trails, for any + first obtained; culverts where driveways cross road ditches, irrigation damage caused to Roads, ditches, fences, trails, natural I` proceeds• channels and other drainage we s es required by the SARC. The draining courses,utilities,Association property,or to other TR1CT30Nsy Lots or property thereon duz111h the construction of e _, (a) the Owners desiring such adjustment shall pay all utilize sine of any canyecu and eha construction methods improvements upon hie Lot by any vehicle belonging either to I I The Single Family Lots and Multi- by costs incidentthereto, tatincludingas preparation,beelSARC in installing any culvert shell also be approved by him or any one using the Roads chile engaged in any activity 8.1 Residential Uses• gea and approval and recording of an amended Plat as may be required the SARC. Family Lois shall be used only for residential purposes by the County and Declarant benefiting the Owner. Bach Owner shall also be reaponaible such accessory or incidental uses thereto as may be permitted8.12 peal Control. No Owner of a Single Family Lot or for any damage caused by utility cuts in roads, washouts and under applicable zoning,consistent with this Declaration and 8,7 Utilities. Except as otherwise provided in the Plat a Molts-Fanily Lot may engage in any pest control activities runoff damage caused by failure to properly install culverts, the Plat. No commercial activities may be conducted on any or the Approval Resolutions, with respect to development without having first obtained the written approval of the end to repair any such damage in a timely manner. Single Family Lot or Multi-Family Lot. On each Lot there Owners on any Single Family Lot or Multi-Family Lot, all Association. The Association, consistent with this 8.19 fences• All fences to be erected by Owners of shall be constructedoonly vel thosen improvements ins ee omitted bywith domestic water, electrical, telephone and other utility pipes Declaration and the Approval Resolutions, may grant or Single Family Lots or Multi-Family Lots shall be approved by I the Plat and the Approval or lines shall be buried underground and shall not be carried withhold any such approvals. In the granting of any approval, applicable land use regulations and where required by this on overhead poles or above the surface of the ground. Any the Association may impose conditions on any pest control, SARC and shall be in harmony with the nature, setting and Declaration the approval of the SARC. areas of natural vegetation or terrain disturbed by the including the techniques, devices or chemicals that may be surroundings of Maroon Creek Club. burying of utility lines shall be revegetated to SARC employed. My approvals granted by the Association shell be 8.20 Golf Course Restrictions. Use of Parcels A,B,C, and 8.2 Ap7lfoval Resolutions. All improvements constructed standards by and at the expense of the Owner causing the consistent with and compatible with the pest control D as described on the Plat shall be restricted to use as a on any Lot and the use thereof shall be in accordance wttlle et installation of the utilities no later than the next growing activities of the Golf Course. All pest control shall be terms,provisions and conditions of this Declaration, season following such installation. implemented at the expense of such Owner. of Course and related luti in accordance with the provisionss and the Approval Resolutions and any amendments to said plots of the Approval Resolutions. such parcels may have or resolutions. 8.8 Enclosure of Unsiehtly Fsr•ilitlen and Rajr;p ant. 8.13 Noxious or Offensive Activity. No noxious or constructed thereon buildings uch asshelters, toilet All unsightly facilities, e 1 offensive activit or sound shell be conducted on any portion facilities, pump house end other accessory structures related gg y equipment cif ied below, be of Maroon Creek Club at anytime, nor shall anything be done to golf. Other recreation activities suchii as hiking and including, but not limited to those s jogging are prohibited except within specifically designated 24 25 26 27 B733-P598 8 B733-P598 733SCALE T 1-D. 3 1'-0" i SCALE:1' B 1 a 1/2" 1" 2" SCALE:1' - 0 12�7" 2" 0 12" 1" 2" - 0 1/2" 1" 2' tI ‹':?Y q,IA„ .. �` -.. _- -..-. _ G 62B _..... .-. ._ .r ,rem e3640r5 12/02/93 16.32 Rec f195.OU BK 733 P N364U75 12/02/93 Ib:32 Rec $195.OU BK 733 PG 627 Silvia Davis, Pitkin Cnty Clerk, Doc $.ri0 /� #3640?5 12/02/93 Ib:32 Re[ fi93.U�Br 733PG 626I N364075 12/0^c/93 16:32 ket 4195.00 BR 733 PG 629 Silvia Davis, Pitkin Cnty Clerk, Silvia Davis, Pitkin Cnty Clerk, Doc f.00 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 Plat, including without limitation the right to enter into ` 9.1 Easements nascribcd on Pled.. Each of the easements, Road Easement Agreements. 9.7 gales Activity, Declarant may conduct, in Maroon trails. Horseback riding is prohibited. Cross county skiing covenants,conditions,and restrictions contained on the Plat Creek Club, sales activity including, but not limited to, the is permitted during the winter months but only in strict compliance with the specific easement agreements established including, but not limited to the Plat Notes is incorporation 9.4 Ownership of Easements. With respect to anysIIowfn of Lots b Declarant or an sales for suchpurposes, including the Nordic Easement for Golf herein by this reference. easements created this Declaration and with respect g y Y agents. Declarant p pp by to any may maintain any number of model homes, offices for Course,Agreement to Reconvey(AARC Trail),and Trail Easement 9.2 Golf Course Easements. easements hereafter granted by Declarant or the Association construction or sales purposes, storage areas or similar (Relocated AMC Trail)recorded in Book 730 at Page 698,Book that benefit the Owner of any Lot such as Roads, utilities, .i facilities on any property owned by the Declarant or the 730 at Page 704 and Hook 730 at Page 640, respectively of the (a) There is hereby reserved to the Owner of Parcels ditches and trails, no such easements say be vacated, Association. Declarant may also maintain signs advertising real property records of Pitkin County, Colorado. A,B,C and D, for ingress and egress to the Golf Course, access extinguished, impaired or limited (other than temporary :rg°1;ii::::: Club.limitations for maintenance, repair or replacement), except 8.21 Restrictions on Lots 14 and 15. Lots 14 and 15 are over and across all public and private roads, access easements upon the written consent of the Owner of such Lot and anytch Relocation Easement.Declarant,its successorsto be used as a parking facility in accordance with the and driveways as necessary for the purposes of the Eligible Mortgage Holder thereon, and notwithstanding the hereby reserves permanent and perpetual non- provisions of the Approval Resolutions. Lots 14 and 15 are construction, operation, use, maintenance, repair, and provisions of Section 11.2 below, no amendment to thisve easements and rights th locate,construct,meintaln also subject to an easement for theplacement of a high-speed replacement of the Golf Course. j Declaration may repeal or change this requirement except upon and relocate irrigation ditches under, over and across all • detachable lift or other upgrade lift system which may be the written consent of all Owners and all Eligible Mortgage lands as shown on the Plat excepting onlylands within the constructed to replace the lift located at the base of the D,permanent and(b) There reserved to the Owner of Parcels A,B, C and Holders. Single Family Lot and the Multi-Family Lot Building Envelopes Tiehack Ski Area. w perpetual non-exclusive easements and rights- as shown on the PUD Plat. At such time as the irrigation of-way over and across all Common Areas Parcels and Lots 17 g 8.22 pater Service Agreement. Potable water is available through 45 and Lots 17, 18, and 50, other than building provision Declaran De Rights to Complete Development. NO ditches have been constructed, Declarant may cause an abe g t orovision of this 's Declaration shall be a the construed to uction, prepslt center line substitute en of me irrigation ditches to be to Maroon Creek Club pursuant to the water Service Agreement. envelopes, as shown on the PUD Plan, recorded in Book 657 at or limit Declarant's rights to complete the construction, prepared and a substitute easement containing such as-built Each Owner shall comply with the terms, conditions and Page 327 and amended in Book 657 at Page 387 of the real promotion, marketing or sale of Lots including, but not description recorded in the real provisions of the Water Service Agreement, including City fo property records of Pitkin County,Colorado, for the purposes limited to the right to enter into a Declaration of County, Colorado. Property records of Pitkin Aspen water conservation procedures. All residences shall of the construction, operation, use, maintenance, repair and Restrictive Covenants with the Aspen Skiing Company (the have interior sprinkler systems. No individual wells may be replacement of the Golf Course,including,bet not limited to, Company") which may contain development agreements ' p y between drilled on any Single Family Lot. Ownership of any Lot, landscaping and vegetation of tees, greens and fairways, sand between Declarant and the Skiing Company and to complete the 10. V::::::::.7::::::::::: RIANCES FROM DECLARATIOR. except Parcels A,B,C and D excludes all water and water traps, ponds, other golf-related obstacles, ditches, construction of the Golf Course and the Club. rights, ditch and ditch rights, spring and spring rights, sprinklers (including overspray of water from such 10.1 Variances. The Association may, by the majority • ground water rights, reservoir and reservoir storage rights sprinklers), golf cart and other paths, utilities, trails, 9.6 peclarant Reserved Develooment Rights.The Declarant vote of the members of its Board, grant reasonable variances and in no event shall Owners of such Lots be entitled to have signage, flags, fencing, shelters, lighting and the like. hereby reserves the following Development Rights: from the strict compliance with the provisions of this TI E HAC K any standing, by virtue of such ownership to object to any Owners of Lots shall have no rights to possess, use or make Declaration in the case of undue hardship. The Owners of all application for a well permit, any water rights applications, any changes in the conditions of Golf Course Easement (a) The right to create additional Units, as that . of the Lots shall be given at least twenty (20) days advance including but not limited to, a change of water right, Areas. term is defined in the Act, within the Multi-Family Lots to written notice setting forth the time and place of the meeting RESIDENCE approval of any augmentation plans or new water right that may the extent permitted by the Approval Resolutions not to exceed of the Board at which any request for a verianca is to be be filed by the Owners of Parcels A,B,C, or D or any ditch or (c) There is created a permanent and perpetual non- 30 Units. considered and describing the requested variance. Owners or 1 470 TIE HAC K reservoir company having an interest in the water, ditch or exclusive easement and right-of-way over and across all Common their representatives shall be afforded the opportunity to reservoir rights appurtenant to Parcels A,B,C, or D. Area Parcels and Lots 16 through 48 and Lots 50 and 51 for (b)The right to create additional Units through the appear before the meeting of the Board and be heard with golf balls unintentionally to come upon such areas and for of multi-famil unite res ct to the r RD.ASPEN CO exchangey permitted by the Approval Pe ed variance. Separate procedures are 8.23 g anbro For sale or for lease signs or signs golfers at reasonable times and in a reasonable manner to come Resolutions for Single Family Lots;provided,however that the provided in Section 5.6 and shall be followed with regard to 81611 identifying a broker or sales agent for the sale or lease of upon such areas to retrieve errant golf balls; provided, maximum number of Single Pamily Lots shall not exceed 50. variances from architectural controls. any Single Family Lot or Multi-Family Lot, except signs however, if an area is fenced or walled, the golfer shall seek erected by the Declarant pursuant to Section 9.7, shall be the Owner's permission before entry. The existence of this (c) If permitted by the County or other appropriate prohibited. easement shall not relieve golfers of liability for damage governmental authority, the right to create additional Units 11• TERE, AMENDMENT AND Teemem reele_1F -s,rrsArre. caused by errant golf balls. Under no circumstances shall the through condominiumizing affordable housing to be constructed 8.24 Owner Restrictions. Owners of Lots in Maroon Creek Declarant, the Association or the Members (in their capacity on Lot 52 provided however that the maximum number of such 11.1 Term. The term of this Declaration shall be SD 2/1/2022 Club shall have no rights, by reason of such ownership, to as such) be held liable for any damage or injury resulting Units shall not exceed 50. perpetual. DD 3/16/2022 possess or use the Golf Course,the Golf Course Easement Areas from errant golf balls or the exercise of this easement. HOA 2/25/2022 or the Club. Owners of Lots in Maroon Creek Club shall not, To the extent required by the exercise of any of the foregoing 11.2 AmendmelltS. This Declaration may be amended only as PERMIT 2/1/2023 solely by reason of such ownership,have any membership rights 9.3 Road Easements. There is reserved to Declarant and reserved development rights, Declarant may file amendments to provided in this Section 11.2. Any amendment must be in any club organizations or associations formed for the the Association permanent and perpetual easements under, over the Plat or additional plats and may amend this Declaration. consistent with the Act and shall be adopted in accordance purpose of owning, operating and maintaining the Golf Course. and across all Roads for purposes of operating, installing, These reserved development rights shall be exercised by the with the provisions of the Act. The expense associated with constructing, maintaining and repairing Roads, the water Declarant not later than December 31, 2050. preparing and recording an amendment shall be allocated as 9. EMENBNTS AND RIGHTS RESERVED. distribution system, other utilities and for such other provided in the Act. No amendment which conflicts with the purposes as are described in this Declaration and on this 30 31 28 29 • , B733-P598 B73CALE:1P598 G 21 B733-P598 7 D 2" B733- FULL APPROVAL 5 P598 8 USE APPROVAL 0 1/2" 7^ 2„ AND SCALE 1' - 0 1/2" 1" 2'. SCALE 1' 1'-0' SCALE 1' - 1'-0" 1 RECEIVED LUA.43 02/02/2023 ASPEN BUILDING DEPARTMENT . .;4J.,_x .,..1. -,., ..,�. ,mw fir., a}:. .:,4.4W;_..� AW gq - e364075 12/02/93 1 ,�6; . f'n..�.lt p 6•.. aa ,r..` 'ta' c'l 6:32 Rec s19S.01t BK ;_w...x:...r ea4, n:. -kc;!, lw.mnv',mramL '":. '.<Y .�*�'. - a,.• e a r .� 1� II' Silvia Davis, Pitkin Cnty Clerk, Doc s.70000 PS A32 N 364075 t !02/9'1 36:32 Rec $195.0U Br.733 PG 630 A3b4U75 12/02/93 ib:32 Rec$195.00 BK 733 PG 631 < Salvia Davis, Pitkin Cnty Cler 4.• Doc 4.00 re Silvia Davis, Pitkin Cnty Clerk, Doc S.OP days notice to the Other Patty: (i) Any management Contract, 4364075 1^</02/93 16:32 Rec 8195.0� Fr. 733 F'6 633 1001 Grand Ave silv•.1 Davis, Firkin Cnty Clerk. Doc $.00 Suite 103 • employment contract or lease of ilinensahlal°1 tionel or perking areas Glenwood Springs (a) paymentofall customary expensesof the sale; or facilities; (ii) My other c or lease between theprovisions of the A Association and the Declarananaffiliate oP thegender shall include all genders. CO 81601 pproval Resolutions or the Plat shall be Declarant; (Sin) My contract oe that me not red ineeeffective. 8adopt for amendments pursuant io Section 9.6l' (b) payment of all applicable taxes and special i 13.7 Eo DediratinD. Unless expressly provided, nothing which may be adopted and executed by the Declarant, thisassessment lions in favor of any governmental authority; or is unconscionable to the Own the time entered intocontained in this Declaration shall be deemed to be a ift or Declaration may only be amended by a vote of aixty-seven under thecircumstes then prng. g percent (67}) of the votes entitled to be csat by Members of (c) payment of the balance of any liens encumbering , dedication of all or any part of Maroon Creek Club to the the Association; provided, however, the following amendments I' Association property; 13.3Conflictth Platg. e event of any conflict public or for any public use. shall =equine the vote of one hundred percent (1003) of the orinconsistency between tTe prnsofthis Declarationvotes entitled tohe be cast by Members of the Association; I (a) payment of any unpaid costs, expenses and feesandthe Plat, including the plat thereon,the 13.8 ed ass• 8xcept ae otherwise era ificall ovidinThesedocumentshavebeen Of the said Plat or plat notese case nay�De,/ishallfor in this Declaration, er notice Y specifically it*hoe for1a70 incurred by the Association; and y permitted or required to yorenogovern andcontrolndthis Decon shall automticall be delivered as provided in this Declaration shall be in ?iesheaoc^.oThe tsuhable for (a) any amendment which changes the allocated interestsI. be amended, but only Y writing and may be delivered either personally or by mail. therpmjectsorinother of a Lot including the voting rights allocated toto Lot; (e) payment of any balance to the owners in the same benandi to the extent necessaryto conform the If deliverylocations witho oMheaohitciand p proportion that they pay Association Assessments; provided, ng Provisions hereof with the provisions of the made by mail, it shall be deemed to have been (b) any amendment which changes the uses to which any F however, there shall be deducted from any share due an Owner - Plats, including any plat notes. delivered three (3) days after a copy of t:.o same has been panicipatlon of the architect. Lot is restricted; g prepaid for first Reproduction prohibitedwimout any delinquent and unpaid Association Assessments. 13.4 laststefl given the United States nail, poste a approval of the architect. (c) any amendment to anyIMrtgage BolderMo to.age Holders. Any Eligible the classail andiaddresseduch to the receiving party at the address b and this Section 11.2. part of Suctions 3,4,5, or 6 12. CONDEMNATION. party to the Association. Any notice to 2023 the Association shall be sent to such address as it may from 12.1 Condemnation of Association Pzooertv. If any (a) upon request, inspect the books and records of the time to time designate in writing to each Owner. Any instrument amending this Declaration shall be in the property is taken or condemned byanyauthorit Association during normal Duainess Tours; form required Association pe y y came Amnlicabot tie nd V equ by the Act and duly executed by the President • having the power of eminent domain, all compensation and ' . The interpretation, and Secretary of the Association and recorded in the real damages on account of the takingof the Association property, - Sat(b) receive written notice of meetings of the • enforcement or any other matters relative to this Declaration P es Y, Association where the consent of anyEligible Mortgage Holder shall be construed and determined in accordance with the laws property records of the County. exclusive of compensation for consequential damages to is g affected Lots, shall be payable to the Association and such required; • of the State of Colorado.Any action to enforce, interpret or 11.3 Rule against Perpetuities. If any of the terms, •I proceeds shall be used promptly by the Association to the otherwise pertaining to this Declaration shall be commenced (c) upon reguasi,obtain in the District Court for Pitkin County, Colorado. covenants, conditions, easements, restrictions, uses, extent necessary for repair and reconstruction of remaining statements; copies of Association financial covenants, or obligations created by this Declaration shall Association property in as substantial compliance to the 13.10 Disclaimer. No representations or warranties of be limitaunlawftions l or void for violation of (i) the rule against original plan of development as possible. If there is an (d) receive written notice of condemnationany kind, express or implied, ployhave been given or made by perpetuities or some statutory provision, (ii) the award in excess of the amount necessary to so substantially affecting any Association proceedings tl Declarant, or its agents or employees,ees, in connection with rule restricting res analogousnints on alienation,or(iii) any other repair or reconstruct such remaining Association property, it Property; I thereon,Maroon Creek Club, or any portion thereof, or anyimprovement statutory or common law rules imposing like or similar time shall, at the Board's discretion, be either refunded or (e) receive written notice of the la ( its physical condition, zoning, comliance with limits, such provision shall continue only for the period mof e retained by the Association for such uses as it deems that the Association is requiredlapse maintain any der this I applicable laws, fitness or intended use or operation, cost the life of James T. Pearce, Jr. his now descendants, appropriate. Declaration; and to under this oP maintenance or taxes except as expressly set forth in this and the survivor of them, plus twenty-one living(21) years. Declaration or except as set forth in any Disclosure Statement 12.2 condemnation of to If all(Lot or a portion of ;� (f) where the Owner of an required t be given under applicable 11.4 Termination. This Declaration may be terminated if any Lot is taken or condemned by any authority having power soli Y Lot shall be deemedPp cable rules of the Colorado g provided Mortgage t in the payment of any Assessment, •any notice of Real Estate Commission. all the Owners and Eligible Mortgage Holders agree to such of eminent domain,such taking shall be in the manner Holder of said Lot shall be Sven written of termination by an executed acknowledged instrument duly for in the Act. such delinquency, gr13.11atio pesionationeas of Successor. For purposes of this recorded in the real estate records of Pitkin County, Declaration and the easements,dedications,rights,privileges Colorado. This Declaration may also terminate in the event 13. Liver;%HEMS. 13.5 Pmvisia_ I o t 1 ❑ and reservations des net forth herein, a successor and assign of of the taking of all of Maroon Creek Club by condemnation or contained in this De- ce on shall be deemed incur provision Declarant shall be deemed a successor and assign only as eminent domain or abandonment or termination as provided by I 13.1 1pterozetation of the Covenants. The provisions of I each dead or other instrument worsted in specifically designated by Declarant by instrument recorded the Act. Any termination shall be in accordance with the this Declaration shall be liberally construed to effectuate interest in any Lot is et which any right, title or in the real estate records of Pitkin County, Colorado, and, the A enema of the Act. its purpose of creating a uniform plan for the develroment, encumbered, whether or not set forth or ed, devref referred to einds or uch only with respect too the operation, and maintenance of Maroon Creek Club and shall be deed or other instrument. specifically deli particular rights or interests req11.5 Disbursement of Proceeds. Unless otherwise required111 consistent with the Act. s Y snared therein. by the Act, upon the termination of this Declaration all 13.6 property owned by the Association shall be sold bythe 13.2 TermC on of Certain Contracts and 7 Wises The otherwise provide, a s t,d • Unless the context shall I' valid or unenforceable. My determination by any court of provide,a insular number shall include the torsi, coepetent jurisdiction that any provision of this Declaration Association either in whole or in parcels as the Board may following contracts and leases may be terminated by the a plural number shall include the singular, and the use of (a. is invalid or shall not affect the validity or deem appropriate. The funds shall be disbursed without Association at any time after the Board elected by the Owners anyenforceability oP any of the other provisions hereof. Where contribution from one Owner to another by the Association for after the period of control by the Declarant as provided in •' 34 any provision of this Declaration is declared by a court of the following purposes and in the following order: i'! Section 3.3(a) takes office upon not less than ninety (90) competent;( pe jurisdiction to be contrary to or in violation of 31 I 35 72 • • a... • .: ,`• • B733-P598 B733SCALE, P598 2 D " B733-P598 0 B 8 7 -P5 L+ SCALE 1' _ SCALE: 0 1/2" 1' 2" 0 12" 1' SCALE:1' Z" r w364075 12/02/93 16132 Rec 4195.00 BK 733 PG 634 lit Silvia Davis, Pitkin Cnty Clerk, Dec 5.00 ( 4364075 12/02/93 16132 Rec $195.00 BK 733 PS 635 e364075 12/02/93 16:32 Silvia Davis, Pitkin Cnty Clerk, Doc 4.00 Silvia Davis, Pitkin Cn Rec a195.p0 BK 733 PU 636 4 y Clerk, Doc s•00 the Act this Declaration shall be automatically amended to replace such provision with a new provision, as similar 61311BTT A thereto as practicable, but which is not contrary to or in violation of the Act. • ACKNOWLEDGEMENTS TO 13.13 References to County Standards. Wherever in this ! MASTER DECLARATION OF PROTKCTIVF COVENANTS FOR ,, Declaration there is a reference to County land use i NON CREEK CLUB y regulations, zoning, other County standards, the Approval Ikb' ofLots arces,except49, Maroon Creek Club, Resolutions, any plats approved by the County or any other All f the and Parcels, Lot according to the Final Subdivision Plat and PUD thereof,federal, state or localrule, law or regulation, such ( STATE OP i` `'�->�-Gl ) recorded November 15, 1993 in Plat Book 73 at Page 4 of the references shall automatically be waived, released, modified / -3 ;ss. real estate records of Pitkin County, Colorado. q or amended, as the case may be, to correspond with an COUNTY OF � i subsequent waiver, release,modification or amendment of such egoinq Master Declaration Of Protective Covenants For regulations, zoning, other County standard, Approval The for EE% Resolutions, plate or any other rule or law. �j� �Creak Clubsup�lvision acknowledged before me this 13.14 /UGC= da of %/ 1993 by James T. RED with the bend. Declarant, for itself, its Pearce, Jr., as Member of PEARCE EQUITIES GROUP II LIMITED I successors and assigns, hereby declares that all of Maroon 1 LIABILITY COMPANY, a Utah limited liability company. Creek Club shall be held, used and occupied subject to the provisions of this Declaration, and to the covenants and WITNESS my hand and official seal. restrictions contained herein, and that the provisions hereof '•41i• shall run with the land and be binding upon all persons who ? _ '•<<"y"r, MY commission expires: ���-�� hereafter become the Owner of any interest in Maroon Creek OT �Yl y 'j Club. ; c .� IN WITNESS WHEREOF, the Owners have executed this Master l'i:P U _'C.g r `-Notary public ..i Declaration of Protective Covenants for Maroon Creek Club this -s.‘11f , •'o4'r't / day of November, 1993. .t n Of STATE j PEARCB EQUITIES GROUP II LIMITED LIABILITY STATE OF _,tm ;aa TIEHACK COMPANY, a Utah limit liability c:mpany i �-nGt,�f )eee(((yddd��/�n. COUNTY OF ey' s r meter '., The foregoing Master Declaration Of Protective Covenants For...,., ` T. Pearce,YYY///NNN q,q� n Creek Club. ,Subdivision was acknDwledged before me tT • ,y RESIDENCE lYIYQQ'� day of 7�1 D:.f�Nl glib , 1993 by Arthur p i Pfister and Elizabeth H. Pfist,r, as General Partners of THgg .' 1470 TIEHACK THE PFISTERFAMILY, L.P., a Colorado limited _ PFISTER FAMILY, L.P., a Colorado limited partnership. •P\11 f By: O' WITNESS my hand and official seal. - 4/ �'y, RD.ASPEN CO II Arthur O. P ste General Partner �_ i_ oRro ` 81611 My commission expires: El2adti, N. l By: N 1 aberth H. Lister, nasal Pa eI "`y M � Pub DD 3/16/2022 /A Q-9-9 3 ^` otnry c SD 2/1/2022 i HOA 2/25/2022 • PERMIT 2/1/2023 36 37 . v _ .-..•+me,.r..n .unt...,.,.......__.._ ....,.....w....a ....,..«...vwvu..v..,..cw+'..:.:. ._.�.,..., t FULL LAND B733-P598 B733-P598 B733 P5987 APPROVAL SCALE:1' 1'-0'" '-0' 5 0 12„ 1, z" 1' 1'-0" 6 SCALE:1' 0 1/2" 1' 2" 1'-0' SCALE: 0 2" 2' RECEIVED LUA.44 02/02/2023 ASPEN BUILDING DEPARTMENT FOURTH AMENDMENT TO MASTER DECLARATION Cost Centers,which will be paid in accordance with Section 2.3 below. Lot 52 shall IN WITNESS WHEREOF,this Amendment to the Declaration is executed by R E D OF PROTECTIVE COVENANTS receive no benefits from the Association,and the Association shall not be obligated to the parties of the day and year first written above to be effective as of the day FOR MAROON CREEK CLUB provide any services to Lot 52 with the exception of providing the road maintenance of August, 1996. 1001 Grand Ave services described in Section 6.5(a)of the Declaration. The Association will enforce ",,,,,,,, Suite 103 all of its rules and regulations which affect Lot 52 In a reasonable manner and agrees a,�';°..`"<<r'-.,,, THE MAROON CREEK CLUB MASTER Glenwood Springs THIS FOURTH AMENDMENT TO MASTER DECLARATION OF that its enforcement of such rules and regulations shall not materially or adversely ..:O' No ASSOCIATION,a Colorado non- CO 81601 PROTECTIVE COVENANTS FOR MAROON CREEK CLUB("Amendment") affect Lot 52 and the Owner of Lot 52 shall not do or permit anyactivity that .s o mcr; '�.=, _ :x L _; profit corporation made entered into this SO day of August, 1996 by THE MAROON CREEK materially or adversely affects the Association. Notwithstanding,the preceding shall v 1._ *o:1 CLUB MASTER ASSOCIATION,a Colorado non-profit corporation("Association"). not be deemed to affect any easements created in favor of Lot 52 pursuant to the Plat - °o ` By: or the Declaration or any of the constituent documents thereof or pursuant to any of \''.., ,01.,..,;:{ rick C.Durham,President These documents have been '"fTES.•t' specifically prepared for 1470 1. RECITATIONS the approvals received for the Subdivision from Pitkin County. In addition,Lot 52 rse en other arer notcts orin et for shall no longer have anyvotingrights in the Association. omer projects or m inner g gh eo locations They r the approval and 1.1 The Association is the entity formed to administer the affairs of the By: (� participation of the architect. Maroon Creek Subdivision ("Subdivision") created pursuant to the Plat thereof 2.2 This Fourth Amendment shall not be modified or amended in the future Ga 1 Reproduction prohibited without Alb- ,Secretary/Treasurer approval vane architect. recorded November 15, 1993 In Plat Book 33 at Pages 4 through 15 of the Pitkin without first obtaining the consent of the Owner of Lot 52. 2023 County real estate records("Plat"). All of the lots("Lots"),which are reflected on The Owner of Lot 52 joins into this Amendment for purposes of agreeing to its the Plat are encumbered by that certain Master Declaration of Protective Covenants 2.3 The last sentence of Section 6.5(a)of the Declaration shall be deleted in provisions. I 1 For Maroon Creek Club recorded December 2, 1993 in Book 733 at Page 598 Its entirety and substituted with the following: "Lots 50,51 and Parcel A shall be ("Declaration"). The Declaration was amended by: (a)First Amendment recorded charged these costs and expenses of the North Side Road Maintenance Cost Center. MAROON CREEK LIMITED LIABILITY on February 17, 1994 in Book 742 at Page 83;(b)Second Amendment recorded The Association shall equitably allocate the costs and expenses of the North Side Road COMPANY,a Colorado limited on June 8, 1994 In Book 752 at Page 754;and(c)Amended and Restated Third Maintenance Cost Center based on the use by Lots 50,51,52 and Parcel A. Any liability company Amendment recorded on July 26,1994 in Book 756 at Page 597. The defined term portion of the North Side Road Maintenance Cost Center that would,in the future, "Declaration"includes all of the aforedescribed amendments,which amendments and be allocated as the share of Lot 52,absent this Amendment,shall be paid by Lot 51. By: the Declaration were recorded in the real estate records of Pitkin County,Colorado. Ja s T.Pearce,Jr.,Man er 3. MISCELLANEOUS 1.2 The Declaration provides,in Section 11.2,that it may be amended at a STATE OF COLORADO ) I duly constituted meeting of Members by virtue of an affirmative vote of sixty-seven 3.1 Except as amended herein, the Declaration as previously amended, ) ss. percent(67%)of the total vote of members and notwithstanding,Colorado Revised remains in full force and effect. COUNTY OF PITKIN ) Statute 38-33.3-217 requires a unanimous vote of all members in order to pass the within Amendment. The Members are the owners of the Lots in the Subdivision. 3.2 This Amendment is made and executed pursuant to the provisions of the The foregoing instrument was acknowledged before me this74 day of Declaration and the Act. August,1996 by Frederick C.Durham as President of The Maroon Creek Club Master 1.3 A duly constituted meeting of Members was held on the 30th day of Association. August, 1996 in Aspen,Colorado,wherein the Declaration was amended as set forth 3.3 Capitalized words and phrases in this Amendment shall be ascribed the hereafter by a unanimous vote of all Members. meaning given them in the Declaration. Wist ess my hand and official seal. 2. AMENDMENT ' °� My,c_ fission expires: �-�j 396947 09/12/96 11:0413 PG 2 OF 4 '•o 0fo e 3 9a ^Lt :o • 2.1 Lot 52,as same has been created pursuant to the Plat,shall no longer be = required to pay any regular or special assessments of any nature whatsoever to the %S,. f o c�`°p' otary Public Association nor shall it be obligated to pay any expenses attributable to any Special c.01.11.aacntamt,mMaa.aw ,:t..,m.�.tamt..ma,,.00, 2 ,:,mph, ta"at.mma,r.aa. 3 396947 09/12/96 11:04R PG 1 OF 4 REC DOC UCC 396947 09/12/96 11:04P PG 3 OF 4 SILVIA DAVIS PITY,IN COUNTY CLERK & RECORDER 21.00 Reception ' 396947 d ^l No.SCALE..P -47 No.SCALE..1 -0' 2 SCALE:, =396947 J ion1 Reception ece tion No. 0 i2'' 1 2'' 0 1/2'' 2'' p 2, STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of August, 1996 by Gary Albert as Secretary/Treasurer of The Maroon Creek Club Association. ...77'... my hand and official seal. .•: i - m'ssm expires: 0" Jr'Tt,oi c°y+. otary Public STATE OF COLORADO ) ss. COUNTY OF PITKIN ) I 1 The foregoing instrument was acknowledged before me this day of August, 1996 by James T.Pearce,Jr.as Manager of Maroon Creek Limited Liability Company,a Colorado limited liability company. TIEHACK Witness my hand and official seal. RESIDENCE t e RD.ASPEN CO 1470 TIEHACK ,f{ly commission expires: �� ��/G��'i ;.01 A R},• 81611 S "'`off Notary Public oU g1 1 ji°^`'• :'ol'/ SD vvzozz ''�/f OF GO,, DD 3/16/2022 HOA 2/25/2022 PERMIT 2/1/2023 396947 09/12/96 11:0413 PG 4 OF 4 onto vnttaaeoWaa <oo. 4 1 FULL LAND USE APPROVAL Reception No. 396947 RECEIVED SCALE_T = 1'-0" 4 LUA.45 02/02/2023 0 1/2 1' 2'' isii ASPEN BUILDING DEPARTMENT dkJ RED DISTRICT COURT,PITIUN COUNTY,COLORADO """•t`IY 7 ,f 8,c 7 appearing of record,have ban joined es party Respondents. Thu Corrected Amended Ruts Said permanent easement shall be for the benefit of Tract D as said property is legally described in Exhibit B attached hereto. easement is hereby vested in Petitioner Jack Guenther,Trustee Under the Will of Charles F. Civil Action No.96-CV-51-3 ;)r"•i,22 and Order corrects the signature date of February 11,1998 to February/1,1999. This Urschel,its successors and assigns for the benefit of Tract D;and Aye C_;)f/33 Corrected Amended Rule and Order also attachaf the Approved as to Form Page which was inadvertently not attached to the original Amended Rule and Order for recording 5. The permanent easement conveyed to Petitioner,its successors,assigns, IT IS FURTHER ORDERED that the easement conveyed to Petitioner,its successors, 1001 Grand Ave purposes. In all other respects the Amended Rule and Order remains the same. This guests,invitees and employees,shall be a non-exclusive pedestrian,vehicular and utility assigns,guests,invitees and employees,shall be a non-exclusive pedestrian,vehicular and Suite 103 CORRECTED AMENDED RULE AND ORDER Corrected Amended Ru/e and Order,as far as the parties arc concerned,relates back to easement,(i.e.for water,gas,electric,sanitation,telephone and cable),to serve no more than utility easement(i.e.for water,gas,electric,sanitation,telephone and cable),to serve no Glenwood Springs the recording of the Amended Rule and Order. five(5)residential units and no more than five(5)associated caretaker units,and shall not be more than five(5)residential units and no more than five(5)associated caretaker units,and CO 81601 used to serve any other type of development on Petitioner's property. shall not be used to serve any other type of development on Petitioner's property. JACK GUENTHERTRUSTEE,UNDER THE WILL OF CHARLES F.URSCHEL,JR, THE COURT NOW FINDS: Plaintiff/Petitioner, 1. That the Court has full and corn lete jurisdiction of the subject matter of this 6. This permanent easement shall be a covenant running with the land and shall IT 1S FURTHER ORDERED that the permanent easement being conveyed herein, p ) 1 burden the land encumbered by such easement,and shall be binding upon the Interested shall be a covenant running with the land and shall burden the land encumbered by such action and the parties thereto pursuant to the original Rule and Order in the aforeceptioned Respondents and the successors and assigns of the Interested Respondents.The easement easement,and shall be binding upon the Interested Respondents and the successors and These documents have been v. case dated November 6,1998 and recorded on December 7,I998 in Pitkin County at shall also be a benefit which inures to Petitioner's property,Tract D,and shall be enforceable assigns of Interested Respondents. The easement shall also be a benefit which inures to specifically prepared for 1470 Reception No.425224,which Rule and Order gives this court jurisdiction to enter any by Petitioner and by the present and future owners of any individual lots within Tract D, petitioner's property,Tract D,and shall be enforceable by Petitioner and by all present or Tiehack.They are not suCable for MAROON CREEK LIMITED LIABILITY CO.,a Colorado Limited Liability Corporation; amended Rule and Orders deemed necessary. including their successors and assigns.The rights and obligations as set forth in this future owners of anyindividual lots within Tract D,including their surcevcors and assigns. use on other projects or in other WILLIAM H. PLUMMER;MAROON RUN RANCH LLC;PFISTER FAMILY LP; locations without the approval and Amended Rule and Order shall also be covenants running with the land of both Petitioner locations wiparticipathout of the apprarchioval LEONARD WEINGLASS; BROKEN HILL 4, LLC; BROKEN HILL 5, LLC; 2. That since the entry of the original Rule and Order dated November 6,1998, and the Interested Respondents,including their successors and assigns. IT IS FURTHER ORDERED that with the ant referenced in arc h 3 of the LANDSCAPES UNLIMITED,INC.;THE PRIVATE BANK AND TRUST COMPANY; theparties have agreed(a)to make the easement referenced therein a permanent and paym P era Reproduction prohibited without GREGORY N.THOMAS;KENNETH D.BERNSTEIN;THOMAS J.HOFFMASTER; Joint Stipulation,Petitioner is hereby released from the payment of any further amounts or approval of the architect. perpetual easement in favor of the Petitioner,@)to adjttst and modify the wmpensation 7. The parties have agreed that the Joint Stipulation for Entry of Amended Rule sums as consideration for the granting of this easement. However,all other terms and zoos CAROLINA FIRST BANK and THOMAS C.OKEN,Public Trustee of Pitkin County,L.W. otherwise due for the payment of the permanent easement,(c)to remove the contingencies es and Order and the teens and conditions contained therein,shell remain private and conditions of the original Rule and Order dated November 6,1998 shall remain vt full force DEVELOPMENT,INC.,a Delaware Corporation,TIEHACK THREE.LLC,a Colorado to payment referenced in paragraph 2 of the Stipulated Consent to Entry of Rule and Order confidential pursuant to the Order previously entered by the Court on December 5,1998. and effect,including the requirement that Petitioner pay the regular road maintenance fee and I I Limited Liability Company,NEW TIEHACK III LLC,a Colorado Limited Liability Company, dated November 6,1998,and(d)to eliminate all of the provisions of paragraph 3 of the However,this Amended Rule and Order shall be recorded in the Clerk and Recorders Office the one-time road construction fee as referenced in said Rule and Order. Petitioner shall INC.,a AV HECHT,STEPHEN J.MARCUS,-ANDREW HECHT,SRM ASSOCIATES, Stipulated Consent to Entry of Rule and Order dated November 6,1998. of Pitkin County as the deed of conveyance to document the transfer of the permanent forthwith issue a check in the agreed upon amount,made payable to the Trust Account of INC.,a Colorado Co ALPINE BANK-ASPEN BRANCH,GERALD D.HOSIER, easement to the Petitioner,its successors and assigns. Corporation,a gar JERRY M.CAVALERI and TERESA M.CAVpLERI,COUNTRYWIDE HOME LOANS, 3. In consideration Cor the conveyance of this permanent and perpetual easement, Garfield&Hecht P.C.,Attention:David L.Lenyo,for appropriate disbursement by said Ilfm INC.,HOLY CROSS FT FfTRIC ASSOCIATION,INC., MAROON CREEK CLUB the Interested Respondents have agreed to the payment of the sum represented in paragraph 3 IT IS'I'FREFORE ORDERED ADJUDGED AND DECREED Drat the permanent to the Interested Respondents whom they represent. MASTER ASSOCIATION,a Colorado Not for Profit Corporation,ROCKY MOUNTAIN of the Joint Stipulation for Entry of Amended Rule and Order("Joint Stipulation").Said easement described herein,to wit: EQUITY AND MORTGAGE COMPANY, GIBRALTER WEST, LTD., and ALL sum represents a modification,which was mutually agreed to between the Petitions and the IT IS ORDERED that a certified copy of this Amended Rule and Order UNKNOWN PERSONS WHO CLAIM AN INTEREST IN THE PROPERTY, Interested Respondents,to the amounts set forth in Paragraphs I and 2 of the Stipulated A forty(40)foot wide,non-exclusive,permanent and perpetual be recorded andd indexed indexed in the Office of the Clerk and Recofder of Pitkin County,Colorado, Consent to Entry of Rule and Order dated November 6,1998.The Interested Respondents in like manner and in like effect as if it were a deed of conveyance of the permanent easement and right-of-way across both the public and private Defendants/Respondents. herein have specially agreed that said modified sum in[he Joint Stipulation shall represent portions of Tiehack Road. in at This easement shall beg easement from the Interested Respondents to Petitioner herein. full and complete compensation and payment for the granting of this permanent easement, Highway 82,pass across the public portion of Tieback Road to DATED this day of /jfiRv_ 1999.Nuns Pro tune:Dated February THIS MATTER having come upon the joint Motion filed by Petitioner,Jack and that the Petitioner shall hereafter be released and forever discharged from the payment of Lot 13,and then through the area referenced as a"40 ft.Wide /1,1999. I Guenther,Trustee,Under the Will of Charles F.Ulschet,Jr.,("Petitioner")and Respondents, any further sums. Private Access Easement"crossing Lots 1,2,3,4,5,6,7,8,9, Maroon Creek Limited Liability Co.,William H.Plummer,Pfister Family LP,Leonard 10,11,12,and 13 of the Maroon Creek Club subdivision,as 4. Said easement shall be a forty(40)foot wide,non-exclusive,permanent and well as the"Reservation For a 40'Wide Private Access Weinglass,Landscapes Unlimited,Inc.,The Private Bank And Trust Company, N. perpetual easement and right-of-way across both the ublic and vale ons of Tieback Thomas,Carolina First Bank,L.W.Development,Inc.,Tieback Three,LLC,New Tieback HI, y p P� Easement"extending across Lot 1,all as reflected on the 40 I COURT: Road.This easement shall begin at Highway 82,pass across the public portion of Tieback Maroon Creek Club Final Plat recorded in the Pitkin County LLC,Ladislav Hecht,Stephen J.Marcus,Andrew Hecht,SJM Associates,Inc.,Alpine Bank- Road to Lot 13,and then through the area referenced as a"40 ft.Wide Private Access Clerk and Recorder's office on November I5,1993 in Book 33 Aspen Branch,Gerald D.Hosier,Jerry M.Cavaleet And Teresa M.Cavderi,Countrywide Easement"crossing Lots I,2,3,4,5,6,7,8,9,10,I I,12,and 13 of the Maroon Creek Club a[pages 4-15,together with all amendments thereto,and as Home Loans,Inc.,Maroon Creek Club Master Association,Rocky Mountain Equity And subdivision,as well as the"Reservation For a 40'Wide Private Access Easement"extending further reflected on Exhibit A attached hereto Mortgage Company,Gibraltar West,Ltd.,("Interested Respondents"),and it appearing to the across Lot I,all as reflected on the Maroon Creek Club Final Plat recorded in the Pitkin District Judge Court from the records and files herein that all persons interested as owners or otherwise,as County Clerk and Recorder's office on November 15,1993 in Book 33 at pages 4-15, has been duly and lawfully taken and condemned by Petitioner pursuant to the statutes and together with an amendments thereto,and as further reflected on Exhibit A attached hereto. the Constitution of the State of Colorado;and that the interests of the Interested Respondents • in said permanent easement have been acquired by said Petitioner,and that the permanent IIIIIII IIIII IIIIII 111111111111111111111 Hill IIII IIII CER1'IFICA that a eeo7 �G 4308111111111111111111111111111111111 10/1990 R IIIIIIIIII 13a672 Be/10/1900 a3:32P ORDER DAVIS SILVI F parr I,ep/cTS /306,2 as/1.0lase .00 N ORDER DAVISDRVS SILVI IIIIIII IIIII IIIIII IIII IIIIIII IIIII IIIII III IIIII IIII IIII IIIIIII IIIII IIIIII IIII IIIIIII IIIIIEIIIII Illilllll IIII IIII , .of a R/1/1 D a03: N e.ee IITKIN COUNTY CO 4 q ; ,li -• ,, 46 1 of 8 R 11.00 D 0.00 N 0.00 PITKtN COUNTY CO 230872 0S41.00 09 .00 N ORDER DRVIS SILVI 2 , 2 of 8 R 11.00 0 0.00 H 0.00 IITKIN COUNTY CO a e1 6 R 41.00 D 0.00 N 0.00 IITKIN COUNTY CO , �,, ZJ it Reception No. 430872 Reception No. 430872 e' Reception No. 430872 SCALE 1: Reception No. 430872 1.18 SCALE:1:1.18 SCALE 1:l it 3 SCALE:1:118 L+ ®IBIS a APPROVED AS TO FORM: - (Tract D) APPROVED AS TO FORM: FAEGRE&BENSON LLP GARFIELD&HECHT.P.C. i FAEGRE&BENSON LLP GARFIELD di HECHT,P.C. �� / •i ®� 'S/ 2,tcatt of land s=tusud LA the SNL/+SDR/+of See. 14, 110S, �!. ABSA of:the 6tA Y.H. and nose fully deeasibed as to11e¢s: /'/(f l n //, Joseph yo, t�-( e e�^ ^�, , '1'nin Pan nasther0Y and/ // 7 M.Montano,#3695 David L.Len #I417 - AOL tha SN1/+RN1l./+O!Sea. 1+.T105, • oseph M.Montana,#3695 David L.Lanyo.#14178 Leslie A.Fields,#11232 601 li Hyman Avert t Pi5W of the Eta Y.H.. .tea Leslie A.Fields,#11232 601 E.Hyman Avenue John R.Sperber,#22073 Aspen,CO 81611 rasa c us the Nottnveatesly aaak e! lotm R.Sperber,422073 Aspen,CO 81611 2500 Republic Plaza (303)970-925.1936 �� _ s.,.00n Osesk. 2500 Republic Plena (303)970-925-1936 370 Seventeenth Street • "" ..,.. ". „. . 370 Seventeenth Saes Denver,CO 80202-4004 Attorney for Respondents,Maroon Creek Limited e - 1, Dens,CO a0202-4004 Attorney for Respondents.Maroon Creek Limited (303)592-5900 Limited Liability Co.,a Colorado Limited f "L v ( ``. " (303)592-5900 Limited Liability Co.,a Colorado Limited Liability Co..a Colorado Limited Liability I SA Liability Co.,a Colorado Limited Liability Attorneys for Peitianer.Jack Guenther Corporation;William IL Plummer;Pfister Family III • 3 Attorneys for Pefitiaste.Jack Guenther Corporator William H Plummer;Pfister Fmmily Trustee,Under the Will of Charles F. LP;Leonard Woinglats;LandxapesUdimited, F+ g€ . Trustee,Under the Witt ofCherlea F. LP;Leonard Weinstein;Landscapes Unlimited Unchel,Jr. Inc.; The Private Bank and Trust Company, S' 14 Urschel,Jr. Inc.; The Private Bank and Trust Company; Gregory N.Thomas;Carolina Pint Bank L.W. , it Gregory N.Thomas;Carolina First Bank,L.W. Development, • Inc., a Delaware Corporation; �,N ' ( Develapmem, Inc., a Delaware Corporation; Tiehack Thee,LLC,a Colorado I.lmited Liabilty 9\ CmpTieback Three,LLC,a Colorado Limited Liability Company;New Tiehack III LLC, a Colorado .. • /: —', , Camp n3C New Tieback lit LLC, a Colorado Limited Liability Company, Ladislav Hecht; ]anted Liability Company, I-adisl¢v Heir, 3 �r e'Li 8 1` - S J. Manna; ADdrew Halm SJM Stephen J. Marcus: Andrew Hecht; SJM I �,` ssocia Associ sp Inc.,a Colorado Corporation;Jerry M. - Associate,Inc.,a Colorado D.0 Hosier; Alpine Bask-Aspen Branch;Gerald D.Hosier; Bank-Aspen Brands;Gerald D.Hosier,Jerry M p M. s0...I��'h 1Caval 8 9 1} `,. +uP Cavaleri and Teresa M. Cavalerk Countrywide a `� a i9 Home ri and Inc.;seMaroon Cn Creekee Countywide _ (� ''it.,...„,:__._:, rJ 1J a,? Home Loans, c.; Club Matter Home Loans,Inc.;Maroon Creek Club Masts ^ lO N. .' + Association, a Colorado Not-For-Profit Association, a Colorado Not-For-Profit I.._ 8 a� $ )r, )a' Como:eke; Rocky Mountain Equity end Corporation; Rocky Mountain Equity and fi C�'"".°* ( te a^•"' i - MangigeCompany;and l3ibnher West.Ltd Mortgage Company;and Gibraltar West,Ltd =N 0 msys:wean„ uf _cif `I '...`v -; R b` r Il a COMM mob'+:err §m ) -4 f �o • �., e1" TIEHACK =m: \� �, a,: IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII RESIDENCE 430872 00/10/1999 03:32P ORDER DAVIS SILVI ^:rT-.'-e a a of e R 41.00 D 0.00 N 0.00 IITKIN COUNTY Co 1470 TIEHACK IIIIIII111111111111111111111111111111111111111111111111 = 'Ii1P?IFRD.ASPEN CO lr 1+ afj ;i' 0 of 0 OS/10/1999.00.00'N SILV1 CO IIIIIIIIIIIIIIIIIIlIIIIIIIIII IIIIIIIIII III IIIIIIIIIIIII M«a .,.. 81611 430872 0E/10/1999 03:32P ORDER DAVIS SILVI r Atli f R2 6 of 8 R 41.00 D 0.00 N 0.00 PITKIN COUNTY CO MI° _ JNY' i —vn i'IFI F a,i SD 2/1/2022 DD 3/16/2022 _ 1aj.. U�',rf� HOA 2/25/2022 5 5 P ale _ .. A`'',�t PERMIT 2/1/2023 p, - add . 1 Reception No. 430872 C Reception No. 430872 6 Reception No. 430872 Reception No. 430872 SCALE 1:118 J SCALE:11.18 SCALE:1118 SCALE:1:1.18 FULL LAND USE APPROVAL RECEIVED LUA.46 02/02/2023 ASPEN BUILDING DEPARTMENT RED RECEPTION#: 587075, 02/29/2012 at 10:34:41 AM, 1 OF 6, R $36.00 RECEPTION#: 587075, 02/29/2012 at 10:34:41 AM, 1 OF 6, R $36.00 RECEPTION#: 587075, 02/29/2012 at 10:34:41 AM, 2 OF 6, RECEPTION#: 587075, 02/29/2012 at 10:34:41 AM, 3 OF 6, 1001 Grand Ave Janice K. Vos Caudill, Pitkin County, CO Janice K. Vos Caudill, Pitkin County, CO Janice K. Von Caudill, Pitkin County, CO Janice K. Vos Caudill, Pitkin County, CO Suite 103 Glenwood Springs CO 81601 NOTICE OF APPROVAL NOTICE OF APPROVAL DECISION: 4. Existing trees that are within a Development Envelope,but not within a Building OD The Community Development Director finds the request to memorialize a definition of Envelope,shall not be removed without first obtaining a tree pemtit from the City of These documents have been For an Insubstantial PUD Amendment to the Maroon Creek Club Subdivision and PUD For an Insubstantial PUD Amendment to the Maroon Creek Club Subdivision and PUD `Development Envelope'as noted below and revising what may occur in the area between a Aspen and then approval from MCCMA,either one of which may be more restrictive specifically prepared for 1470 lot'sTie boundaryand its BuildingEnvelope on lots that have platted BuildingEnvelopes but than the other. usseeaonheyarecotorinot for r with regard to Development Envelopes located on Lots 1 through 12 and 41 through 45 and with regard to Development Envelopes located on Lots 1 through 12 and 41 through 45 and P P P other projects or in other development outside of Building Envelopes located on Lots 13,16,19 through 40,and 46 development outside of Building Envelopes located on Lots 13,16,19 through 40,and 46 no aefined Development Envelopes is consistent with the review criteria(Exhibit A)and locations without the approval and through 48 through 48 thereby,APPROVES the amendment as defined below. 5.The following improvements and uses are allowed in Development Envelopes with no participation of the architect. below grade limitation: Reproduction prohibitedth without Section 1:Single Family Lots with Development Envelopes.For Lots 1 through 12 and 41 (a) approval of the architect. Parcel ID Nos.273514209001 through 2735]1309012,273511209041 through Parcel ID Nos.273514209001 through 273531309012,273511209041 through g Driveways and parking area. 273511209045,273511309013,273511309016,273511309019 through 273511309040,and 273511209045,273511309013,273511309016,273511309019 through 273511309040,and through 45,containing platted Building Envelopes and Development Envelopes,the following (b)Terraces,patios,and other typical landscape features with a finished elevation 2023 273511309046 through 273511309048 273511309046 through 273511309048 guidelines shall govern improvements that may occur within the platted Development Envelope: within 30"above existing grade. I (c)In ground spas and swimming pools with a finished deck elevation within 30" A. Definitions. above finished grade. 1. Development Envelope.The definition of"Development Envelope"for purposes of (d)Landscaped areas. APPLICANT:Maroon Creek Club Master Association("MCCMA' APPLICANT:Maroon Creek Club Master Association("MCCMA") establishing development guidelines is the area depicted on the Plat and PUD as (e)Enclosures for an outdoor grill not exceeding 60"in height when measured to the SUBJECT&SITE OF AMENDMENT: An Insubstantial PUD Amendment clarifying what SUBJECT&SITE OF AMENDMENT: An Insubstantial PUD Amendment clarifying what within the Development Envelope but outside of the Building Envelope and is the adjacent walking surface. portion of the lot designated to create a transition between the Building Envelope and types of development may occur within Development Envelopes and outside of Building types of development may occur within Development Envelopes and outside of Building the Natural Area where outdoor living and individualized landscaping may occur,and 6. Improvements and uses that are not allowed in Development Envelopes include,but Envelopes for certain residential lots located within the Maroon Creek Club Subdivision and Envelopes for certain residential lots located within the Maroon Creek Club Subdivision and where necessary and temporary construction activity such as excavation,construction are not limited to,the following: PUD. PUD. material storage,and staging may occur,but where improvements taller than 30" (a)Accessory structures,excepting those listed above in Paragraphs 3 and 5 of this SUMMARY:There are 47 residential lots within the Maroon Creek Club Subdivision("MCC SUMMARY:Them are 47 residential lots within the Maroon Creek Club Subdivision("MCC above existing gradeare igs within not allowed.s that ay imposeent Envelopes may include section. mpro. a portionc s.the lot which within o idi g a evi may o to use or e (b)Improvements under whgh exceed 30"above existing grade,except improvements Subdivision"). Lots 17,18,and 50 contain multi-family developments and are built out. There Subdivision"). Lou 17,18,and 50 contain multi-family developments and are built out. There restrictions. It is the intent of providing a Development Envelope encourage allowed under Paragraphs 3 and 5 of this section. are 44 single family lots within the subdivision;17 of those lots(Lots 1 through 12 and 41 are 44 single family lots within the subdivision;17 of those lots(Lots I through 12 and 41 I I construction of homes with a comfortable relationship to the landscape surrounding (c)Balconies and building projections. - through 45)have platted Building Envelopes and Development Envelopes,and the remaining 27 through 45)have platted Building Envelopes and Development Envelopes,and the remaining 27 them. (d)Storage areas or structures,except temporary facilities during the course of lots(Lots 13,16,19 through 40,and 46 through 48)have platted Building Envelopes but no lots(Lots 13,16,19 through 40,and 46 through 48)have platted Building Envelopes but no construction which are removed prior to occupancy. defined Development Envelopes. defined Development Envelopes. 2. Existing Grade.Existing grade is defined as the grade of the lot after subdivision (e)All improvements and uses not listed in the requirements preceding sections. improvements were installed but pre-development of a single-family home.Existing The Applicant has requested clarification regarding what can occur in a Development Envelope The Applicant has requested clarification regarding what can occur in a Development Envelope grade surveys are on file,if construction of a residence has occurred,with Maroon Section 2:Single Family Lots without Development Envelopes. For Lots 13,16,19 through 40, as the documents entitling the subdivision are silent on the topic.Although the homeowners as the documents entitling the subdivision are silent on the topic.Although the homeowners Creek Club's Architectural Control Committee.In cases where a residence has been and 46 through 48,containing platted Building Envelopes and no Development Envelopes,the association has adopted design guidelines,the city is not a party to the document. Staff has association has adopted design guidelines,the city is not a party to the document. Staff has constructed but no pre-development survey is on file,the existing grade will be following guidelines shall govern improvements that may occur in the area between the Building worked with a representative of the architectural control committee, William Lukas, to worked with a representative of the architectural control committee, William Lukas, to interpolated subject to approval by MCC Subdivision's Site and Architecture Review Envelopes and the property lot lines(AKA:Yard)for said lots: memorialize what may occur within a Development Envelope for Lots 1 through 12 and 41 memorialize what may occur within a Development Envelope for Lots 1 through 12 and 41 Committee(SARC). through 45.Additionally,further clarification on what may occur on Lots 13,16,19 through 40, through 45.Additionally,further clarification on what may occur on Lots 13,16,19 through 40, A.Definitions. and 46 through 48,that have platted Building Envelopes but no defined Development Envelopes and 46 through 48,that have platted Building Envelopes but no defined Development Envelopes B. Standards. 1. Yard.The definition of"Yard"for purposes of establishing development guidelines-is is also included. is also included. 1. All construction activity and improvements must be confined to the Development the area depicted on the Plat and PUD as within the property boundary but outside of MCCMA and the Cityof Aspenin 2001 previouslyclarified whattypes of development would MCCMA and the Cityof Aspen in 2001 previously clarified what of development would Envelope except for features provided for by other entitlements such as utilities. the Building Envelope. Yards may include a portion of the lot which is within an P Pe P Y types P easement that may impose separate use or other restrictions. It is the intent of be allowed outside of Building Envelopes on the lots without platted Development Envelopes. be allowed outside of Building Envelopes on the lots without platted Development Envelopes. 2. No slopes over 2:1 are permitted. providing a Yard to encourage construction of homes with a comfortable relationship This latest amendment will supersede and render null and void the 2001 Insubstantial PUD This latest amendment will supersede and render null and void the 2001 Insubstantial PUD to the landscape surrounding them. Amendment regarding the 27 single family lots without Development Envelopes. Amendment regarding the 27 single family lots without Development Envelopes. 3. Retaining walls are required where cut or fill slopes exceed 4'vertical change from natural grade. Retaining walls which are in the Development Envelope[outside of 2. Evicting Grade.Existing grade is defined as the grade of the lot after subdivision STAFF EVALUATION:Staff finds that the request meets the requirements of an Insubstantial STAFF EVALUATION:Staff that the request meets the requirements of an Insubstantial finds the Building Envelope]are limited to 6'in height with no below grade limitation. improvements were installed but pre-development of a single-family home.Existing PUD Amendment.Defining what may occur in a Development Envelope and what may occur in PUD Amendment.Defining what may occur in a Development Envelope and what may occur in Stepped retaining walls must be separated by a minimum of 4'face to face in the grade surveys are on file,if construction of a residence has occurred,with Maroon the area between a lot's boundary and its Building Envelope on lots that have platted Building the area between a lot's boundary and its Building Envelope on lots that have platted Building horizontal direction between walls;grading between walls[planting beds]must be Creek Club's Architectural Control Committee.In cases where a residence has been Envelopes but no defined Development Envelopes will assist in the consistent application of Envelopes but no defined Development Envelopes will assist in the consistent application of nearly horizontal, constructed but no pm-development survey is on file,the existing grade will be development standards over time. development standards over time. interpolated subject to approval by SARC. Page 1 of6 Page 1 of 6 Page 2 of 6 Page 3 of 6 Reception No. 587075 1 Reception No. 587075 Reception No. 587075 Reception No. 587075 n SCALE:1:1.33 SCALE:1'1.33 SCALE:1:1.33 L+ SCALE 1:1.33 RECEPTION#: 587075, 02/29/2012 at 10:34:41 AM, 4 OF 6, RECEPTION#: 587075, 02/29/2012 at 10:34:41 AM, 5 OF 6, RECEPTION#: 587075, 02/29/2012 at 10:34:41 AM, 6 OF 6, Janice K. Vos Caudill, Pitkin County, CO Janice K. Vos Caudill, Pitkin County, CO Janice K. Vos Caudill, Pitkin County, CO Section 4:Design Review Approval Required.Landscaping,fencing,outdoor lighting,and all B. Standards. Figure 1:Yard Areas of No Development a9d Limited Landscaping other improvements are subject to approval by the Maroon Creek Club's Site and Architecture 1. No slopes over 2:1 are permitted. Review Committee(SARC)and may be more restrictive than City of Aspen requirements. Any Area of no plans depicting landscaping,fencing,outdoor lighting or development of a structure requires a 2. Retaining walls are required where cut or fill slopes exceed 4'vertical change from development digital signature approval by SARC via the architectural advisor on the plan set submitted to the natural grade. Retaining walls which are in the Yard[outside of the Building ' P Area of city for review. Envelope] are limited to 6'in height with no below grade limitation. Stepped Jr]r) retaining walls must be separated by a minimum of 4'face to face in the horizontal s�>,L landscaping ca Section 5:Plat Certificate.Any application to amend the dimensions or location of any Building direction between walls;grading between walls [planting beds] must be nearly ♦ \ v \ i j,�, p058 Envelope or Development Envelope shall require the written approval of the MCCMA in the horizontal. , ``,`N. \,J i 21 form of a signature block showing approval of the plat by the MCCMA. 3. Existing trees that are within a Yard,but not within a Building Envelope,shall not be ` .�_ J l Section 6:Except for the matters clarified herein,this Insubstantial Plat Amendment will not removed without first obtaining a tree permit from the City of Aspen and then ` "'-d change or have any effect upon development rights and/or requirements within the MCC approval from MCCMA,either one of which may be more restrictive than the other. \1 "�3 0 / Subdivision established by all other documents recorded or not recorded pertaining to the MCC Subdivision. 4.The following improvements and uses are allowed in Yards,with no below grade - 24-1 , `�`i, • I lam. limitation,except as prohibited or limited in subsection(f): s` 1 i i n (a)Driveways and parking areas. , s\`� I �� • 4/.19,, �,19. . APP VED BY: (b)Terraces,patios and other typical landscape features with a finished elevation �-- within 30"above existing grade. 1 \ �� l`-ja�'� (c)In ground spas and swimming pools with a finished deck elevation within 30" �n'.> / �e ��2- above finished grade. 1,40; i SfF,t '\vim i%„ Chris on Date TIEHACK (d)Landscaped areas. - I /�yi ; Community Development Director (e)Enclosures for an outdoor grill not exceeding 60"in height when measured to the i�r r '"` . \ \tt ;�`,,t1 y r RESIDENCE adjacent walking surface. (f)No development(including any landscaping)shall be allowed beyond the rear 1470 TIEHACK perimeter of the existing approved building envelopes of Lots 21 through 24 5. Improvements and uses that are not allowed in Yards include,but are not limited to, pursuant to Figure 1,below.The intent of this provision is to maintain existing, the following: RD.ASPEN C O p gore p 8, Attachments: (a)Accessory structures,excepting those listed above in Paragraphs 3 and 5 of this 8161 1 natural vegetation and wildlife habitat; however, in instances of severe or Exhibit A-Review Standards catastrophic changes to the existing vegetation,exceptions may be permitted with Exhibit B-HOA approval of the Insubstantial PUD Amendment consent of the City of Aspen Parks Department. (b)Improvements which exceed 30"above existing grade,except improvements allowed under Paragraphs 3 and 5 of this section. If removal of any landscaping or retaining wall or other improvements is (c)Balconies and building projections. required outside of the approved building envelopes for either utility personnel or (d)Storage areas ei sructuues,except temporary facilities during the course of SD 2/1/2022 construction which are removed prior to occupancy. DD 3/16/2022 emergency services to provide access through the subject lots,the utility and/or 2/25/2022 PERMIT services personnel will not be responsible for replacing the (e)All improvements and uses not listed in the requirements preceding sections. PERMIT 2/1/2023 landscaping,retaining walls,or other improvements. The owner of the lot shall Section 3:Address Markers and Fencing.One address marker or one combination address be responsible for bearing the cost of the replacement landscaping,retaining marker and mail receptacle,with an overall height not exceeding 54"above top of adjacent curb, walls,or other improvements. may be permitted on the lot. Any landscaping to the rear of the building envelopes on Lots 19 and 20 shall be Fencing,when permitted by SARC,needs to meet the following minimum city standards: approved in advance by MCCMA in consultation with the City Forester prior to a)no greater than 6 feet from existing grade,2)no higher than 42"forward of the front facade of planting to ensure that the landscaping will remain open and informal adjacent to the house,and 3)constructed of materials such as wood,stone,wrought iron or masonry when the golf course. visible from the street. Page4of6 Page 5of6 Page6of6 FULL LAND USE APPROVAL Reception No. 587075 C Reception No. 587075 Reception No. 587075 SCALE 1133 5 SCALE:1:133 6 SCALE:1:1.33 7 RECEIVED LUA.47 02/02/2023 ASPEN BUILDING DEPARTMENT Flint, "..neon UP NOV 2 0 District Court,Pitkin Cot ry,Colorado,Case No.96 CV 51-7 • District Coup Pitkin County,Colorado,Case N.96 CV 51-3 ND41 ",$ Rule and Order Rule Order Pitkin County,Colorado,Case No.96 CV 51.3 'LED It•C V.L Rule and Order RED i 4 .,,,.c g (8by hjv..R appearing to the Court from the records and files herein that all persons interested as owners County land use Ordinances for Tract D,including but not limited[o prior approval of the (g) The center of the road to' the centerlinete Petitioner shall,to the 1001 Grand103 Ave DISTRICT COURT,PITKIN COUNTY,COLORADO A Fact.. - F;�,., PP Bnumber and size of residential and caretaker units on Tract D. Suite (•,,, 7 or otherwise,as appearing of record,have been joined as party Respondents. extent practical and feast'a be the of the"Reservation for 40'Wide Private Access Easement" Glenwood Springs Y'cc Civil Action No.96-CV-51-3 7. Subject to the approval of the membership committee,which shall no[be _ THE COURT NOW FINDS: unreasonably withheld,each original lot owner within Tract D taking title from Petitioner, (h) Petitioner shall not remove any veer outside of the easement aces o1 .3j� CO 81601 RULE AND ORDER 1. That the Court has full and complete jurisdiction of the subject matter of this shall have the right to become a member of the Maroon Creek Club,its successors and outside of the paved roadway,unless absolutely necessary. Petitioner 'F1C I I assigns upon the payment of the initiation and membership fee or any other charge being agrees to submit to the Maroon Creek Association s G— req-- uir and the ponies thereto;that servicebehas been made upon all interested parties as charged to all other applicants at the time of application. The ability to assign said �� (preen specifications for the construction Homeowners'the road for the sole and C required by law,or that the same have subjected themselves to the jurisdiction of the Court; membership shall be controlled by the Maroon Creek Club Bylaws. exclusive purpose of reviewing landscaping issues. In the event that g — These documents have been LACK GUENTHER TRUSTEE,UNDER THE WILL OF CHARLES F.URSCHI:L,1R., ehack.The prepared for 1470 2. That Respondents Holy Cross Electric Association,Inc.,Maroon Run Ranch the architectural control committee(SARC)requests that landscaping o g� Tispeck.specifically are net suitable for Plaintiff/Petitioner, 8. The conveyance of the permanent easement to Petitioner from the Interested th installed along the road that tresses Lot 1,Maroon Creek Limited et 5;= use on outer projects or in other IIIIIII12I 07IIII I8 04:0 P IORI ORDER VI 111111111111 II II I'I LLC;Broken Hill 4,LLC;Broken l Hille 5,LLC;Kenneth D.these proceedings and Thomas any Respondents shall be subject to the following additional terms and conditions: Liability Co.shall a[its own cost install such landscaping. This p= locations other projects approval am 425224 12/07/1998.00 N ORDER DAVIS SILVI compensation have previously rein and have interestdtoin mi prorethis a or locations witlontthut e approval v. 1 N 8 R 41.00 D 0.00 N 0.00 PITKIR COUNTY otyo CO pompensation to be awarded herein and have asked to be dismissed for this action with covenant shall run to the benefit of the owner of Lot 1 and is not s Reproduction prohibited without (a) The road to be constructed by Petitioner within the"Reservation for 40' intended to create any rights in third parties. �1= approval of the architect. prejudice. Wide Private Access Easement"area shall be paved and shall be WILLIA MAROON CREEK LIMITED LIABILITY CO.,a Colorado Limited Liability Corporation; completed within lyear after construction commences,with reasonable 2023 LEONARDM H. PLU I TE MAROON RUN RANCH LLC; PFISTER FAMILY LP; 3, That Respondents All Unknown Persons Who Claim An Interest 1n The P (i) The design and construction of the road shall to the extent feasible and 18= extensions of time being granted by the Interest Respondents as long as practical conform to the design and construction of the remaining — WEINLIMIT BROKEN HILL 4, LLC; BROKEN HILL 5, LLC; Property were properly served by publication pursuant to C.RS.§38-1-103 but failed to Petitioner is diligently pursuing its completion. g _ LANDSCAPES UNLIMITED,INC.;THE PRIVATE BANK AND TRUST COMPANY; appear or otherwise respond to these proceedings. portion of Tieback Road. — CAROLRY N.TT BANK THOM D.B KRN,p bli THOMAS 1i HOCoMA;L.W. €« (b) The road u be constructed by Petitioner within the aforedescribed area 9, The permanent easement hereby conveyed is a forty(40)Foo[wide,non- DEROLOPMENST NK and aware Co o ation; Public KTrusteeTHREE, of Pitkin County;L.W. $ 4. That Respondent Thomas K.Oken,as Public Trustee of Pitkin County,was _ shall be done in a good and workmanlike manner and in compliance DEVELOPMENT,INC.,a Delaware AVpHECH TSTEPHE THREA,LLC,a ANDREW ��S named herein oNy because[he property m be acquired is encumbered by various deeds of exclusive,permanent and perpetual easement and right-of-way across both the public and 8 Limited LiabilityCompany; — with applicable local laws and ordinances. private portions of Tieback Road. Said easement shall begin at Highway 82,pass across the pAT HOSIER; AV HECHT;STEPHEN 1.MINE BA ANDREW =N h an Answer filed on or about April 4,1996,the Public T ante indicated that it HECHT;SJM ASSOCIATES,INC.,a Colorado Corporation;ALPINE BANK-ASPEN anticipated no Curther participation and would abide b all Court orders entered herein =N public portion of Tieback Road to Lot 13,and then through the area referenced as a"40 ft. Y (c) To the extent that Petitioner disturbs any areas during conswction of Wide Private Access Easement"crossing Lots 1,2,3,4,5,6,7,8,9,10,I I,12,and 13 of the BRANCH;CGERALDREEK CLUB D. JERKY M.C CROSS E L and TERESA M.CAVALERI; =2g the road outside of the aforedescribed area,Petitioner agrees to return MAROOCOLTNTN CREEK LU LOANS,INC.;HOLY CROSS ELECTRIC C ASSOCI t Corporation; INC.; 5. That all other Respondents identified above(the Interested Respondents),have — : Maroon Creek Club subdivision,as well as the"Reservation Fora 40'Wide Private Access « said areas to substantially the same condition existing prior to the Easement"extending across Lot 1,all as reflected on the Maroon Creek Club Final Plat MAROON EQUITY AND ASSOCIATION, Colorado Not for Profit Corporation; = $ consented to the entry of this Rule and Order conveying the interests hereinafter set out �a disturbance or construction by Petitioner including the planting and re- ROCKY MOUNTAIN EQUITY AND MORTGAGE COMPANY;GIBRALTER WEST, — oi subject to receiving the monetary compensation identified in the Stipulated Consent to Entry g recorded in the Pitkin County Clerk and Recorder's office on November I S,1993 in Book 33 LTD.; and ALL UNKNOWN PERSONS WHO CLAIM AN THEREBY IN THE �g �to E esmblishment of vegeution in disturbed areas. at pages 4-15,together with all amendments thereto,and as further reflected on Exhibit A a.i of Rule and Order,all in accordance with the provisions of paragraphs 1,2,3 and 4 of said g attached hereto. PROPERTY, =iao Stipulation,which Stipulation is approved and made an Order of this Court. �4 m (d) To the extent that other lot owners within the Maroon Creek Club Defendants/Respondents. gg ••E Subdivision are restricted from the use of snowmobiles,Petitioner l0. Petitioner,or any other subsequent lot owner within Tract D,will be required =x 86. Thar in connection with Petitioner's efforts to satisfy the contingencies _ e agrees that it shall abide by such restriction on both the road being to pay the regular road maintenance fees and Gone-time road construction fee on the same referenced in paragraph(2)of the Stipulation,the Interested Respondents shall not lodge any —� constructed and all other roads in the Maroon Creek Club Subdivision. basis as the other lot owners within the Maroon Creek Club Subdivision as reflected on the . ,bjecoons or challenges to the detailed submission and final plat approval sought by ar- In no event shall the Petitioner be permitted to use snowmobiles on any Maroon Creek Club Final Plat recorded in the Pitkin County Clerk&Recorder's Office on THIS MATTER having come upon the Stipulated Consent to Entry of Rule and Order m 'et oppose assets to insubparagraphootherwise seres lve t Stipulation r la andu also et o t in suintbparafere raph other progeny within[he Maroon Creek Club Subdivision. ("the Consent")filed by Petitioner Jack Guenther,Trustee,Under the Will of Charles F. rr oppose efforts to settle or otherwise resolve the Pfister lawsuit as set out in subparagraph November 15,1993,at Book 33,pages 4-15. The road maintenance fees shall be due and Urschel,Jr.,("Petitioner")and Respondents,Maroon Creek Limited Liability Co.,William H. —v H payable for the first time once construction of the road across the permanent easement area is ���. 2)(b)of the Stipulation. Notwithstanding this provision,Respondent L.W.Development, �p`o (e) The lighting along the road shall be consistent with,and ro the extent Plummer,Pfister Family LP,Leonard Weinglass,Landscapes Unlimited,Inc.,The Private —v: completed The one-time construction fee shall be due and payable by each lot owner when tnc.shall be entitled to give reasonable comment upon and input regarding specific site of,the lighting along the other portions of Tieback Road. construction on that owner's lot ctto neee be These fees shalla be deemed ed assessments owns upon Bank And Trust Company,Gregory N.Thomas,Carolina First Bank,L.W.Development,Inc., issues in connection with the relationship between contemplated residential improvements on Tieback Three,LLC,Ladislav Hecht,Stephen J.Marcus,Andrew Hecht,SJM Associates,Inc., the various lot owners within Tract D and deemed a burden running with said lands. In Lot 1 of the Maroon Creek the Club difor Plat iod the closest vision im!i vero nt agr to be (0 No signs shall be allowed on the easement area without the Maroon exchange for the payment of such fees,the Maroon Creek Club Master Association shall Alpine Bank-Aspen Branch,Gerald D.Hosier,Jerry M.Cavaleri And Teresa M.Cavaleri, constructed on Tram D for needot eor inclusion in isy rbedb the cmprovct o n[ctiveemeot Creek Homeowners'Asstriation's prior written consent,except as may Countrywide Home Loans,Inc.,Maroon Creek Club Master Association,Rocky Mountain assume full responsibility for the maintenance and repair of Petitioner's road,excluding that of provisions for the restoration established the area of Lot 1 disturbed by the conswction actinides of be required in order to meet City road standards. portion within Tract D,except that the portion within Tract D shall be snowplowed by the Equity And Mortgage Company.Gibraltar West,Ltd.,("Interested Respondents"),and it shal Petitioner on theroad location and rctoby n Rule and Order.Sshah comment awd input shall be limited to location and restoration issues only, and shall not allow L.W. Association. In addition to the maintenance fees and the one-time construction fee,an Development to object to or protest any of the items previously approved in the Pitkin additional one-time fee in the amount of S 10,000 shall be paid by the Maroon Creek Limited 4 Reception No. 425224 Reception No. 425224 Reception No. 425224 Reception No. 425224 ICJ ^l SCALE 1:1.18 4 SCALE:1:1.181 SCALE:1:1.18 2 SCALE.1.1.18 3 �IIIIII IIIII IIIIII III IIIIII IIIII IIIIIII III IIIII IIII IIII District Court,Pitkin County,Colorado,Case No.96 CV 51-3 District Court,Plain C^"nty,Colorado,Case No.96 CV 51-3 425224 12/07/1998 04:08P ORDER DAVIS SILVI • • District Cenrt Pukin G'•nty,COIOodo,Case No.96 Lv 51-3 8 of 8 R 41.00 D 0.00 N 0.00 PITNIN COUNTY CO Rule and Order Rule and Order Rule and Order • Liability Co.to the Association in order to compensate the Association for traffic and other Petitioner's property,and shall be enforceable by Petitioner and by all present or future APPROVED AS TO FORM: `I I I impacts during construction. Said fee shall be paid upon the commencement of construction owners of any individual lots within Tract D,including their successors and assigns. I, ®x of the road..It will be within the discretion of the Maroon Creek Club Master Association as FAEGRE&BENSON LLP GARFIELD&HECHT,P.C. i , to whether the Petitioner or subsequent lot owners within Tract D may become voting IT IS FURTHER ORDERED that all claims, crossclaims, counter-claims and �,f/,�0�q/ 1�0��/ /f 8 _ members of said Association. If Petitioner or subsequent lot owners within Tract D do defenses enumerated in the Third Amended Complaint/Petition and Respondents'various �%""""^V`(" b...( �� i� ,`%� t .i become voting members,they shall not be bound by any of the covenants or declarations of Answers thereto are dismissed with prejudice,except for Petitioner's First Alternative Claim id',U"Nlire, � m� V the Association,except for those dealing specifically with the road,road maintenance fees �4 �— for Relief,Constitutional and Statutory Right to Condemn a Private Way of Necessity,upon fie.�' •-'�� and road construction fees,upon which matters they shall have the right to vote.Inclusion in Joseph M.Montano,k3695 avid L.Lenyo, l41 14rr„�� r'- � � • `' which this Rule and Order is entered,and except for the continuing jurisdiction of this Court Leslie A.Fields,k 11232 601 E.Hyman Av ',,`1 14 f�r� the uponponianyn shall not give Petitioner or subsequent lot owners within Tract D the right to to enter any Amended Rule and Orders)deemed necessary m tarty out the terms of the John R Sperber,F22073 Aspen,CO 81611 a �„ 0 - vote any other matters. parties'Stipulation. (303)970-925-1936 k z a Ned'"•y '":°' 2500 Republic Plaza ",rm4•w nr � .�'�'•"_ II. The permanent easement hereby conveyed to Petitioner,its successors,assigns, 370 Seventeenth Street —a• ° '� guests,invitees and employees,shall be a non-exclusive pedestrian,vehicular and utility IT IS FURTHER ORDERED drat a certified copy of this Rule and Order be recorded CO 80202-4004 Attor ey for Respondents,Maroon Creek Limited Ill i ;, and indexed in the Office of the Clerk and Recorder of Pitkin County,Colorado,in like Denver,(303)592-5900 L'united Liability Co.,a Colorado Limited I } easement,(i.e.for water,gas,electric,sanitation,telephone and cable),to serve no more than manner and in like effect as if it were a deed of conveyance from the Interested Respondents Liability Co.,a Colorado Limited Liability Ell T five(5)residential units and no more than five(5)associated caretaker units,and shall not be to Petitioner herein. II used to serve any other type of development on Petitioner's property. Attorneys for Petitioner,Jack Guenther Corporation;William H.Plummer,Pfister Family F 4 g /�,1998. Trustee,Under the Will of Charles F. LP:Leonard Weinglass;Landscapes Unlimited, ., DATED this Oday of TUrust e,U Inc.; ne Private Bank and Tres[ Company; „� 1l The easement being conveyedby su herein shall be a covenant naming uponh the land Gregory N.Thomas;Carolina First Bank,L.W. and shall burden the land encumbered by such easement,and shall be binding the Development, Inc., a Delaware Corporation; tJ a/p �® „.Al Interested Respondents and the successors and assigns of the Interested Respondents.The Y 7HE COURT. Tieback Three,LLC,a Colorado Limited Liability + N easement shallby et be a benefit hcp inures uPntitio property,and shall be u,.— t - Tractenforceable by Petitioner and by the present or future owners of any individual lots within a�= Company;New Tieback III LLC, a Colorado ...P.a...u :...., .,B'iB Limited Liability Company; Ladislav Hecht;Tract D,including the'v successors and assigns.The rights and obligations as set forth in this = Stephen J. Marcus: Andrew Hecht; S]M ;! • Nr. d c©Rule and Order sndel also el cong thei nesting rs and a land of both Petitioner and the District Judge r& ��"a.N Associates,Inc.,a Colorado Corporation;Alpine o Interested Respondents,including then successors and assigns. 2-= Bank-As n Branch;Gerald D.Hosier;Jerry M _ 1 ". -�g� F • IT IS THEREFORE ORDERED that Respondents Holy Cross Electric Association, = Cavaleri and Teresa M. Cavaleri;Countrywide ge E�,y t 4sl °4l TI E LI A I+1! Inc.,Maroon Run Ranch,LLC;Broken Hill 4,LLC;Broken Hill 5,LLC;Kenneth D. a,� Home Loans,Inc.;Maroon Creek Club Master If "v �� .,�k ` . .; ,4 1 HACK VaC CLIt1 1. 4tl1NG Association, a Colorado Not-For-Profit §O G Bernstein;and Thomas J.Hoffmaster,Thomas K.Oken and AU Unknown Persons Who I t RESIDENCE Corporation; Rocky Mountain Equity and f Claim An Inures[to The Property are dismissed with prejudice from this Proceeding;and m v Mona Company; tt e ail Mortgage pany;andGibralterWestLtd. 6 q S gR° ,��,a .r,>_- -��€I 1470 TIEHACK R IS FURTHER ORDERED,ADJUDGED AND DECREED that the permanent � � Patn�,.f.•1.�, I l `� , aanm t.i RD.ASPEN CO easement described herein and depicted in Exhibit"A"attached hereto and made a pan Rg_ thts-H_'t. o,411.1 p�p J G o"vai mo,»,.m g . t t hereof,has been duly and lawfully taken and condemned by Petitioner pursuant to the :N �-""f/ \ 4? ISgn `r � --..'","...',1 81611 solutes and the Constitution of the State of Colorado; and that the interests of the « jlL°I r S k --(""��1' 4 c9 a (I E Respondents in said permanent easement have been acquired by said Petitioner,and that the — .. { permanent easement is hereby vested in Petitioner Jack Guenther,Trustee Under the Will of g"= a�v°'�•}--k.,..,M1'e' �-. { Charles F.Urschel,its successors and assigns;and — 'Z7y. `t. $RsG ^,./ SD 2n/zoz2 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII DD 3/16/2022 I IIIIII IIIII IIIIII III IIIIII IIIII IIIIIII III IIIII IIII IIII —may HOA 2252022 IT IS FURTHER ORDERED that the permanent easement[o be Conveyed t0 425224 12/07/1998.00 N ORDER TKIN SILVI PERMIT 2/1/2023 Petitioner as herein described shall be a covenant running with the land and shall burden the 425224 12/07/19E8 04,08P ORDER DAVIS Suv1 7 of a R/07/1 D 0 4,N 0.00 PITNIN COUNTY CO - 8 of 8 R 41.00 D 0.00 N 0.00 PITNIN COUNT/CO ` sand encumberedas by such pond eat and ease be binding upon Respondentshich and the Id, • \Nz • - s•W s a s'z successors and assigns of Respondents.The easement shall also be a benefit which inures to _ "4ay '•i P y$d,S4?°.ttl4-„ , 7 m ,e.e+ee• 5 G a -.N.. 'h4 s4a4i qe4 $r4i • p 'bb a�'�I y�yy Y9' — fix 51b i. ) Reception No. 425224 Reception No. 425224 Reception No. 425224 • - .,•leis.,.• - BCALE:1:118 SCALB1:118 6 scALEa1a8 7 r< - r,"� ,:'I: FULL LAND - - - JI e e I.' t5 USE APPROVAL RECEIVEDReception No. 425224 LUA.48 02/02/2023 scALE 1a 8 ASPEN BUILDING DEPARTMENT ►► I►►►II►I►I►I►I►I►►I►I►II►►►►II►►►►II►I►►►I►►II► RED 44499E 07/13/2000 03:11P EASEMENT DAVIS SILVI 1001 Grand Ave 1 of 9 R 45.00 D 0.00 N 0.00 PITKIN COUNTY CO disturbance or construction including the planting and reesenbGshmen[of vegetationSuite 103 AMENDED AND RESTATED Agreement for the prior Easement,but only insofar as it describes the portion of the in Easement crossing Lot 1,Maroon Creek Club as shown on Exhibit A hereto,and to provide disturbed areas. Glenwood Springs EASEMENT AGREEMENT for such additional easements as are stated herein. CO 81601 5. The easements granted herein shall be covenants running with the land and ThisI Amended and Restated Easement Agreement(this"Agreement")is entered into NOW,THEREFORE,in consideration often dollars($10.00),and othershall burden the land encumbered by such easements and shall be binding upon LW and the as of this 12 day of �Ur_Y 2000 by and between LW 1,Inc.a Colorado valuable consideration,the receipt and adequacy hereby good and successors and assigns of LW with respect to Lot 1,Maroon Creek Club.The easements corporation("LW')and Jack Guenther,Trustee,under the Will of Charles F.Urschel,Jr. mutual covenants contained herein,the 9 a of which are acknowledged,and the granted herein shall also be a benefit which inures to Trustee's property, ("'frustce")' P Party,Tract D,and shall parties agree as follows: be enforceable by Trustee and by the present and future owners of any individual lots within These documents have been I. LW herebyTract D,including their successors and assi specifically prepared for 1470 RECITALS; grants to Trustee a relocated forty(40)foot wide,non-exclusive, nt shall The rights and obligations as set forth in this Tiehack.They without not amiable for permanent and perpetual easement and right of way across the property Amended and Restated Easement Agreement also be covenants running with the land other projects or in other A hereto(the"Access Easement Area").Said P f>ertY described on Exhibit of both LW and Trustee,including their successors and assigns. locaaone without the approval and A. A Rude and Order was entered in case no.96-CV-51-3,District Pitkin County, ) Permanent easement shall be for the benefit of participation of the architect. Colorado,styled Jack Guenther,Trust Tract D. Reproduction prohibited without Trustee,under the Will of Charles F.Urschel,Jr., 6. Consistent with the Rule and Order,the parties have agreed that the Join approval of the architect. Plaintiff/Petitioner v.Maroon Creek Limited Liability Company,on November 6,1998 andStipulation for Entry of Amended Rule and Order and the terms and conditions therein,shall recorded in the real estate records of the Clerk and Recorder of Pitkin County,Colorado,on 2. The Permanent easement is conveyed to Trustee,its successors,assigns,guests remain private and confidential pursuant de the order previously entered ee the court on 2023 and invitees and employees and shall be a non-exclusive pedestrian,vehicular and utilityto December 7,1998,at Reception No.425224,which Rule and Order was amended andDecember 5,1998.However,this Amended and Restated Easement Agreement shall be corrected by Corrected Amended Rule and Order,dated April 28,1999,Hunt pro runt[o easement,(i.e.for water,gas,electric,sanitation,telephone and cable),to serve no more than recorded in the clerk and recorder's office of County e,evidence the amendment to February 11,1999 which was recorded in the realo five(5)residential units and no more than five(5)associated caretaker units,and shall not betoPitkin County,Colorado,on May 10,1999 at Reception rreco430872(as amended"the Rule of and Recorder used to serve any other type of development on Tract D. the Rule and Order,which conveyed the Easement to Trustee,its successors and assigns, and Order"), insofar as it applies to Lot 1,Maroon Creek Club as shown on Exhibit A. 3. LW hereby grants to Trustee a permanent and perpetual non-exclusive slope B. The Rule and Order easement to set,construct,maintain,and repair the surface grade on,along,over and across 7. for Nothingny public thisrpwhatsoever, Agreement shall deemed rt o ao gift tEase general being t granted a 40 ft.wide,non-exclusive,permanent and the portion of Lot I,Maroon Creek Club,within and on both sides of the Access Easement in ent on of t pany s tha purpose whshallbe any portion of the Easement,it being the perpetual easement and right of way across both the public and private portions of Tiehackintention herein r the parties that this Agreement shall strictly limited to and for the Road,beginning at Highway 82 across the public portion of Tiehack Road to Lot 13 and then Area,as shown on 1999,RJob No.oadway Plan and,a copyp,of which is Sca attached he Gordon Meyer,itherein expressed. Purposes through the area referenced as"40 ft.Wide Private Access Easement"crossing Lots 1,2,3, Inc.,dated June 24, Job 92076E,a of is azenched hereto as Exhibit B 4,5,6,7,8,9,10,11,12,and 13 of the hereto,and extending for an additional ten(10)feet on either side of the area of grade change 8. LW warrants that it has full right and lawful authority to make the grant herein Maroon Creek Club Subdivision,as well as the —ioa shown thereon(the"Slope Easement Area").LW a "Reservation For a 40'Wide Private Access Easement"extending across Lot 1,all as ) agrees that it shall not take any action that —_ contained andpromises and a "Reservation d on the Maroon Creek Club Final Plat as further d on Exhibit A attached to " materially changes the surface grade set and constructed by Trustee within the Slope grew to defend the Trustee,his successors and assigns,in the � $ exercise of his rights hereunder against any defect in title or in LW's right to make said the Rule and Order(the"Easement"). Easement Area and the Access Easement Area(collectively the"Easement Area")or that —» ant- materially impairs the stability of,or the drainage flow over,the surface of the land in the �� C. Easement was the benefit of Tract D, is legally Easement Area,including any action which may impair lateral and subjacent support for the described as a Thetraet land situatedwsgranted in the f for theNW 1/t of Sec.14,which isl R85W of the 6'^ road improvements constructed within the Access Easement Area Trustee agrees that to the �.�, 9. This Amended and Restated remainament Agreement is not intended t terminate , ! or replace the Rule and Order,which shall effective as amended and restated hereby, P.M.,Pitkin County,Colorado and more full extent it disturbs any areas within the Slope Easement Area int the course areas its setting and ▪ and is only intended to amend and relocate that portion of the Easement granted m the Rule y described as follows: N. constructing the grade within the SlopeEasement Area,it will return said to =- a$ and Order insofar as it affects Lot 1,Maroon Creek Club as shown on the Exhibit A attached substantially the same condition existing prior to the disturbance or construction including _ This part of the S W I/4NW1/4 of Sec.14,TIOS,R85W of the 6'P.M.,lying i the planting and reestablishment of vegetation in disturbed areas, hereto and to provide for the additional easements granted herein. northerly and westerly of the Northwesterly bank of Maroon Creek.("Tract _- m 4. LW hereby grants to Trustee,a temporary L ,a Color. o Li .'lity Company D"). porary non-exclusiveceasement real overgress I/ A D. LW is the owner of Lot I,Maroon Creek Club Subdivision,Pitkin County, and egress,and the construction of road improvements on the Access Easement Area, Colorado("Lot 1,Maroon Creek Club"),which is crossed b a m and across the portion of Lot I,Maroon Creek Club adjacent to the Access Easement Area, (BYy portion of the Easement and followingavarid course which is the greater of(a)the area which is five(5)feet on E. Trustee is the owner of Tract D. - either side of the Access Easement Area;and(b)the area which is within the Slope - e G= �W-5j.y _,.. ,v = Easement Area The temporary construction easement shall automatically terminate upon CC isle ! c a .-ar Dns y,-- F. LW and Trustee desire to amend the Easement and restate the terms and the sooner of(a)the completion of the road improvements in the Access Easement Area;or (b)December 31,2002.After the performance of any work in the Access Easement Area, conditions of the Easement and to substitute this Amended and Restated Easement ��y —' Trustee shall return said area to substantially the same condition existing prior to the a r. NOTE e A This Agreement supersedes and replaces in it entiret that Easement r event v't recorded on July 11,2000 at Reception No. 444942. That document was incorrectly recorded. -2. P 9.21 Reception No. 444995. — 1 Reception No. 444995. 2 Reception No. 444995. SCALE:11.11 SCALE:11.11 SCALE:1:1.11 ►II 11111►►IE111►E11 IIIII 1►II►1►►I111►►111111111111 444993 07/13/2000 03:11p EASEMENT DAVIS SILVI 1 of 9 R 43.00 D 0.00 N 0.00 PITKIN COUNTY CO AMENDED AND RESTATED Jack Guenther Trustee,under the Will of EASEMENT AGREEMENT Charles F.Urschel,Jr. This Amended and Restated Easement Agreement(this"Agreement")is entered into ,�,- ,Q/ as of this 12 day of tVS-Y 2000 by and between LW 1,Inc.a Colorado r�;� corporation("LW")and Jack Guenther,Trustee,under the Will of Charles F.Urschel,Jr. By ("Trustee"). J nther,Trustee RECITALS: II II A. A Rule and Order was entered in case no.96-CV-51-3,District Pitkin County, STATE OF l lO ) Colorado,styled Jack Guenther,Trustee,under the Will of Charles F.Urschel,Jr., )ss. Plaintiff/Petitioner v.Maroon Creek Limited Liability Company,on November 6,1998 and COUNTY OF ) recorded in the real estate records of the Clerk and Recorder of Pitkin County,Colorado,on December 7,1998,at Reception No.425224,which Rule and Order was amended and The day of t ed and Restated Easement Agreement was acknowledged before corrected by Corrected Amended Rule and Order,dated April 28,1999,nurse pro tune to me this I O ay of 2000,by Jack Guenther,as Trustee under the Will of February II,1999 which was recorded in the real estate records of the Clerk and Recorder of Charles F.Urschel,Jr. Pitkin County,Colorado,on May 10,1999 at Reception No.430872(as amended"the Rule 6-Q.and Order"). VIl1I-PA' I 'E B. The Rule and Order granted a 40 ft.wide,non-exclusive,permanent and Notary Public T I E H AC K perpetual easement and right of way across both the public and private portions of Tiehack SL4I. Road,beginning at Highway 82 across the public portion of Tiehack Road to Lot 13 and then My commission expires: I /��Q' RESIDENCE I through the area referenced as"40 ft.Wide Private Access Easement"crossing Lots 1,2,3, _....4.__'--'4,5,6,7,8,9,10,11,12,and 13 of the Maroon Creek Club Subdivision,as well as the 9lf C'`,�' 1470 T I E H AC K "Reservation For a 40'Wide Private Access Easement"extending across Lot I,all as ? �'g reflected on the Maroon Creek Club Final Plat as further reflected on Exhibit A attached to 1 r RD.ASPEN C O 1 the Rule and Order(the"Easement"). 'r `. ,2°� 3,? 81 ASPEN C. The Easement was granted for the benefit of Tract D,which is legally sTrtt= described as a tract of land situated in the S W I/4NW 1/4 of Sec.14,T10S,R85W of the 6"' P.M.,Pitkin County,Colorado and more fully described as follows: SD 2/1/2022 DD 3/16/2022 This part of the S W 1/4NW 1/4 of Sec.14,Tl OS,R85W of the 6m P.M.,lying HOA 2/25/2022 northerly and westerly of the Northwesterly bank of Maroon Creek.("Tract PERMIT 2/uzoza D"). D. LW is the owner of Lot I,Maroon Creek Club Subdivision,Pitkin County, Colorado("Lot 1,Maroon Creek Club"),which is crossed by a portion of the Easement. E. Trustee is the owner of Tract D. F. LW and Trustee desire to amend the Easement and restate the terms and 7 of 9 R 45.00 D iteo N 0.00 PITKIN COUNTY CO 1111111111111111111111 IIII►I►II I►I►III II►IIIII Lill III► 444995 conditions of the Easement and to substitute this Amended and Restated Easement 07/13/2000 03:f 3P EASEMENT DAVIS SILVI {.upN)'yt, NOTE ThisAgreement au ereedes and re laces La it entire[ that Easement r emsn Leo t orded on Julv 11 2000 at Reception No. 444942. That document was incorrectly recorded. -5- FULL LAND USE APPROVAL e Reception No. 444995. ^ Reception No. 444995. C RECEIVED SCALlE:1111 (�+ J SCALE:1 . LUA.49 02/02/2023 ASPEN BUILDING DEPARTMENT EXHIBIT A EXHIBIT A R E D _ �— �G 1001 Grand Ave s7olsas lao4 owwonow M (s7o)s4staoaM_ Suite 103 FAX(970)945-6948 t18 West qh,Suite 200 FAX(8701945.5948 'r'°"""" lie West Simms. COSuite 200 Ok"ootlS nnss•coalam GlewoodSO ys.C8lsm Glenwood Springs ��$ CO 81601 camp:. O January 14,2000 �o , ail. (\ These documents have been Job k /F. / / specifically prepared for 1470 92076E _r I Tiehac,They are not suaable for / n other projects or in other / / locations without the approval and Realignment of Access Easement.Lot 1,Maroon Creek Club Subdivision / / \ participation of the architect. mml / Reproduction th prohibited without An access easement situated in Lot 1,Maroon Creek Club Subdivision as shown in Plat Book 33 az //Obb approval of the architect. Page 4 also being in Section 14,Township 10 South,Range 85 West of the 6th Principal /4'/ \ 2023 Pitkin County,Colorado.Said access Meridian, _� J / easement being a strip of land 40 feet in width lying 20 feet ongo each side of the following described centerline; / G Beginning at a point on the southerly line of said Lot I,Maroon Creek Club Subdivision also being (ll end INI a point on the northerly line of the SW 1/4 of the NW 1/4 of said Section 14,whence the NW 1/16ow. l` / Corner of said Section 14 bears S 89.26'20"E,561.41 feengs = m / /� _-....\....-/ Brass Caps found at the West 1/4 Comer and Northwest Comer of saidection being using a bearing of relative to B.L.M. MI a Centerline 40' / / / Property Line N 00 45'00"ou thence de Access Easement/ / E;sting Reservation for 40'Wide parting said line N I 154'42"E,13.36 feet;thence 54.79 feet along the arc vote ccess Easement /; of a curve to the right having a 300.00 foot radius,a long chord of which bears N 17.08'37"E a 3 /\f / t Bo�.ttt',,,JJJJJJ,Page 4 I} distance of 54.71 feet and a delta of 10,27'49';thence N 22.22'31"E,108.58 feet to a point on the }r \ \ -'1.' centerline of the"Existing Reservation for 40 foot Wide Private Access Easement"as shown on the • 't'r/ / / \\ {. Maroon Creek Club Subdivision Plat shown in Plat Book 33 at Page 4 whence the said NW 1/16 / o •',1 / I Cotner bears S 71.08'O l"E,529.62 feet ry T�-- \ ,,.-.,-.--- Maroon % 4 The sidelines of the above described easement being lengthened y C /�q. / \ \ v' y,' 8 gthened and shortened on the southerly end New Alignment / / / \ SJy . to terminate on the southerly line of Lot 1,Maroon Creek Club Subdivision and on the northerly end /(� } �' ) C to terminate on the existing 40 foot Private Access Easement,Maroon Creek Club Subdivision. of Access \ ��Of" ., Easement /I' ��12, 9?ga, F -_ The name and address of the -'l I' 1� U..'r`ee - .0 tJ: Itrisi s'�\ - 1 person who created the above legal description is Stephen L.Ehlers L.S. 20133,Sclmweser Gordon Meyer,Inc.,118 W 81601. line 200,Glenwood Springs,Colorado L ' P.0..B P* /_ I N892670"W 567.47' • ;?; - kP'�rae s SubdlVls�o % p ... / I -% D.L f Nw,,a •jie T EZrc, nos.aasw ph biers L.S.20 "o Date // 1 / % ', it, yy'6 / • l LOT 1 I C. \ LINE rABLB I LOT.2 I r car ell LE WrINI DEANNE / / SENIw9rpr6 E I IIIIII IIIII 111111 III IIIII IIII 1111111 III IIIII IIII IIII Lurt£TABLE ///177 tM�r _ I LTA Cll rQJeG>91 I LDS I N�J 'jJ f'I niOZf19'�Il.1]I I//{ 444f89 0743.00000 .0:11P .00EFITf NDAVIS TYLCI n n //y'/'8 e{8 R 45.00 D 0.00 N 0.00 pITKIN COUNTY CO (///" Reception No. 444995. Reception No. 444995. 2 SCALE:1:1.11 SCALE:1'.1.11 • EXHIBIT B CONSENT AND SUBORDINATION I V II Alpine Banc,Aspen,lmown as Lot I, pen,as encumbrancer o the property owned by LWI,Inc.,and 1 4 wA1l -_ `.: 1... .. J r deed o trust dated Maroon Creek Club Subdivision,Pitkin County,Colorado,pursuant to the and recorded nt ii ' I �~„�II I�i�////. Y yO, BOok * at Page * Reception Afire * hereby consents to the • '� rIt 111/// foregoing Amended and Restated Easement Agreement and subordinates such encumbrance i 5e.1 '/� _�i/� to the Amended and Restated Easement Agreement. crel I o-� � a 2 ALPINE BANK,ASPEN Jii1gF�; I .. .... . 11 �� .ova ,°, I i1 1By: J/ -sc- ��i��$ 4. ,' 1jl!iiii Its: t�iWtanJ6 ef icoa- L 1 y�=>8Lo r _ I. r /� /��'�/nt�%��tB/.. 3` STATE OF COLORADO ) =j ii .� _ 11,'IU�ill v~j• COUNTY OF pfXo✓ SS W ( I ! '/III Z y.° • b cl •�1! r The fore o iii� 4i • €- 1 �' •> 000 by s g iDsbtunrnt was acla)ggled ed before me this[�day of o I Ii a I. . io'` s��` 2 �✓'� as // i'Ce� of Alpine Bank, Sri - v a �/rlQnf/4(�' fieyt. _a- Ia :e 1 1 �G !in `'\\ ' TIEHACK :ti `� „ .I,ra�••' WITNESS my hand and official seal. ` ;`,,,, =-= o �'• \\ %�" MyCommhebnExpirea s RESIDENCE =`; Hi , 1,t1 ��w'� MyCommissioexpires: 09/02/2001 'Jl'a� 1470TIEHACK =n� • .� f • - iiyl'S • ,!.- „ 11� 1 - '^'•• � �= RD.ASPEN CO I 111 1 I'M .IA Alk Wii i tvDrars lir{ `!� i�'"..~ gip`` 81611 —vn \ 111.71Liqt'i'''' 1 1� 1. Deed of Trust dated December 9,1998 recorded December 15,1998 as Reception I� - �`' ... 1 • y ■ No.425511I I \ IE SD 16/2022 111p 2. Deed of Trust dated February 9, 2000 end recorded February 16,200 as Reception DD 3/16/2022 �{F`1 HOA 2/25/2022 .++ IIIII I'111�1 1 No. 440567 PERMIT 2/1/2023 1, i :,1 I la��1:{ I ova.eaorosraos 3. Deed of Trust dated Apri124,2000 and recorded A as 1 - 11- I p r,:ti,,,\,R' { as Reception No. 442738 c Pril'27,2000 $4I • �y ,•rt; '!i '� IIIII I l°• I IIIIII IIIIIIIIIIIIIIII Ill IIIIIIIIIIIIIIIIIIIIIIIIIII f�� l l �Illl II 4M997 07/13/2000 03:I1P EASEMENT DAVIS 9ILVI II x• e•+o�+ xlgt;illjll,l I I 9 of 9 R 47.00 D 0.00 N 0.00 PITKIN COUNTY CO -- — FULL LAND Reception NO. 444995. RECEIVED USE APPROVAL Reception No. 444995. 4 :1.11 SCALE 1:1.11 LUA.50 02/02/2023 ASPEN SCALE:1 BUILDING DEPARTMENT I IIIIII IIIII IIIIII IIII IIIIIII IIIII IIIII III IIIII IIII IIII 1►III►►II►►I 111111►III IIIIIII IIIII IIIII(IIIIIII III►III► IIIIIII 11111 111111 1111 IIIIIII IIIII IIIII 111 IIIII IIII IIII R E D 403224 04/08/1997 04,02P ORDINANCE �of 24 R4 4/0800 D7 0.00 N 8 0IINONCIN COUNTY CLERK 403224 04/06/1997 0/:02P ORDINANCE 2 of 4 R 21.00 0 0.00 N 0.00 PITKIN COUNTY CLERK4 of 4 R 21.00 D 0.00 N 0.00 PITKIN COUNTY CLERK I IIIIII IIIII IIIIII IIII IIIIIII IIIII IIIII III IIIII IIII IIII - 1996,and finds that the proposed rezoning of the Maroon Creek Club ten Grand Ave 403224 04/08/1997 04,02P ORDINANCE subdivision is consistent with the requirements of the Munici al Code. Section 3: ^ 5 Suite 103 1 of 4 R 21.00 D 0.00 N 0.00 PITKIN COUNTY CLERKP Glenwood Springs ORDINANCE NO.90 That the CityClerk be and hereby is directed,upon the adoption of this John ennett,Mayor CO 81601 NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN,COLORADO: ordinance,to ordetl a copy of this ordinance in the office of the Pitkin County �1 If 44 (SERIES OF 19%) Clerk and Recorder, OAT`HSTre AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A Section 1: .;S E REZONING FOR THE MAROON CREEK SUBDIVISION IN Section 4: rrqt�tr,nj CONJUNCTION WITH ANNEXATION INTO THE CITY OF ASPEN That it does hereby grant rezoning of the Maroon Creek Club Subdivision,the If any section,subsection,sentence,clause,phrase orportion of this ordinance is fqO Xa" h,CityClerk These documents have been Pfister outpareel,the former ARU Facility outpamel,and the water tank parcel as `-., 'T R specifically prepared for eel14 e for any reason held invalid or unconstitutional by any court of competent 0 Tieeheaec^.CThey are not suaabie for follows: jurisdiction,such provision and such holding shall not affect the validity of the • tier projects or in other WHEREAS,pursuant to Section 26.92.020 of the Aspen Municipal Code locations without the approval and the applicant,the City of Aspen, Former ARU Facility Outparcel RR remaining portions thereof. participation of the architect. PP ty has submitted a request for a map amendment Pfister Outparcet OR Reproduction of f the artl without to rezone the Maroon Creek Club subdivision,two Pfister parcels,and the water Water Tank ParcelC Section Sr approval the architect. tank parcel in conjunction with annexation into the City of Aspen;and 2023 D Overlay on au lettered and numbered parcels This Ordinance shall not affect any existing litigation and shall not operate as an WHEREAS,through the development approvals of the Maroon Creek abatement of Ordinance action or any a now Club subdivision the developer agreed to annex into the City of Aspen; Lot* Proposed Cite Zoning arty proceeding pending under or by virtue of the ordinances repealed or amended as herein provided,and the same shall be 1-5 RR conducted and concluded under such prior ordinances. • WHEREAS,it is the obligation of the City of Aspen,under the Water 6-12 R-15A Service Agreement,to not divest or diminish the land use approvals or 13 AH Section 6:development rights awarded by Pitkin County for the project in their entirety - 14 C .. - and has therefore maintained all existin Countya vals,fin 15 C g ppro dings,written 16 RR A public hearing on the Ordinance shall be held on the day of November 25, interpretations and amendments for the subdivision granted prior to the 17 RMP-A 1996 at 5:00pm in the City Council Chambers,Aspen City Hall,fifteen(15)days annexation agreement;and 19 RMF-A prior to which hearing a public notice of the same shall be published one in a R-15A newspaper of genera]circulation within the City of Aspen. WHEREAS,tofurther clarify the approvals and the intent of the Water 41-45 RR Service Agreement and the Annexation Agreement,Exhibit A defines the as-a R-15A 49 C • following definitions of the Pitkin County Land Use Code that shall be utilized INTRODUCED,READ AND ORDERED PUBLISHED as provi d by law,by 51 A the City Council of the City of Aspen on the o28 day of 19g6. for purposes of determirilng height,bulk,and setbacks within the PUD: 51 7/87 P/SPA I I 52 AH Accessory Structures !9i Basement A-C P � 7 Building Height E-G «Olir/9 John ennett,Mayor Floor Area(FAR) H-K WP •it.,\�N... ,err y Setback p_S OS ATTESTrf¢':. Structure T-U to WP ¢8 E A(` Yard _�::?sq 1•, f Yard,front,side and rear Section 2: ;525.11 och,City Clerk WHEREAS,a duly noticed public hearing was held by the Aspen The Official Zone District Map for the City of Aspen,Colorado,shall be and is r� Planning and Zoning Commission on October 22,1996 to consider the _ hereby amended to reflect those rezoning actions as set forth in Section 1 above and such amendments shall be promptly entered on the Official Map in • FINALLY,adopted,passed and approved this �S day of application fora map amendment and forwarded a unanimous recommendation 1996. of approval to the Aspen City Council;and accordance with Section 26.28.30.B of the Municipal Code. IIIIII►III►IIIIIII IIIII III IIIIIII IIIIII III IIIII IIII IIII I 111111 1111 II►III111111111111111111111111111111111111 IIIIIII IIIII IIIIII IIIII III IIIIIII IIIIII III III1114111011141 WHEREAS,the Aspen City Council having considered the Commissions 404428 06/17/1897 In:78A ORDINANCE 404428 07/17//987 10 AA ORDINANCE 3 recommendation for a map amendment at a public hearing on November 25, 3 of 14 R 71.00 D 0.00 N 0.00 PITKIN COUNTY CLERK q of 14 0.71.00 D 0.00 N 0.N PITKIN COUNTY CLERK 2 of 14 R 71.00 0 0.00 N 0.00 PITKIN COUNTY CLERK IIIIIII IIIII 111111 III III IIIIIII 111111 III IIIII 1111 1111 404428 05/15/1987 10:569 ORDINANCE 1 of 14 R 71.00 D 0.00 N 0.00 PITKIN COUNTY CLERK Reception No. 404428. Reception No. 404428. 2Reception No. 404428. Reception No. 428. SCALE:1'1181 SCALE:11.18 SCALE 1:118 SCALE:1:1.18 `-F • • - • and kitchen area;recreational amenities including but not limited to pools.health clubs,exercise d. All measurements shag be made vertically;i.e.,that each point of a roof shall be d. Spaces below natural grade for principal single family and duplex residences:Spaces rooms,neamrooms,saunas,massage moms,shower;linen storage rooms,maid service areas, EXHIBIT A measured to the point of grade which is directly below it-vertical andplumb.Roof below natural laundries;guest storage;storage for points whichgrade,up to a maximum of twenty(20)feet in depth and which include no mom than condominium unit owners:ski lockers;loading and emaoading docks,service elevator,trash are not at the exterior of the building will be measured against existing grade only. a single story,am exempt from floor area • storage,maintenance area and sin• alculation up to a maximum of 4,000 square feet of floor area.Floor area below natural gladerage:and circulation corridors and elevator areas for the foregoing. ACl'RCSORY USE or ACCESSORY STRUCTURE means a use or stmcnue that u e. Antennae,chimneys,flues,vents,and similar structures shall not exceed the which exceeds the 4,000 square foot exemption provided herein shall count toward the calculation . All other uses located subgrade may be exempted from floor area calculations upon the special naturally and normally incidental to,subordinate to,and devoted primarily to the principal use or prescribed height limit by more than ten feet(10'). of allowable floor area.If any pan review strucure of the premises;does not.subordinate ange the basic character of the premises,as determined by its of the below grade space is exposed above natural grade(such as walkout basements,walls or recommendations of the Planing and Zoning Commission and approval of the Board if they find principal use or structure;is subordinate in area,extent and purpose to the Principal use or strocnue f. Water towers,mechanical equipment,solar equipment,and similar equipment shall ofthe the entire below the use to be accessory and subordinate to the principal use.Review criteria to be used in served;contributes to the comfort,convenience or necessity of the occupants of the principal use or not exceed the scribed height limit grade area shall be included in the floor area calculation;except that determining if a use is accessory and subordinate to the principal use areas follows: smarm served:and is located on the same lot or contiguous lots tender the same ownership as the by more than three feet(3'), window wells and me egress area as Principal use ao structure.In no even[shall an accessory • required by the Uniform Building Code may be provided without affecting this exemption.The I) potential impacts generated by the use; ry use be construed to authorize a use not g. In no event shah an structure,including antennae,chimneys,flues,versa.water . foundation walla footing may be exposed to the minimum otherwise permitted in the zone district in which the principal use is located,and in no event shallY gdegree required to comply with the an accessory use a structure be prior to the principal use or scorn,..to which it is mover,mechanical equipment,solar equipment,and similar structures exceed thirty-eight feet(38') • Uniform Building Code pertaining to foundation accessory.Accessory buildings established shall not be provided with kitchen or bath facilities above existing or finished grade,whichever is lower. surface without affecting this exemption.Up to ten(10)percent of any particular below grade wall • 2) the amount of floor area involved,including the amount of space above grade to be mayextend above natural made available for the principal use if the space is exempted; cunt to render them suitable for permanent residential occupation. grade and still be exempt from the calculation of floor area so suffi h. For the purpose of measuring building height,any individual building component long as the finished grade covers BASEMENT means that portion of a structure fiftythat is located within twenty(20)feet(ace measured from any point from outside wall to outside the surface that would otherwise be exposed.Garages up to seven hundred fifty(730)square feet • 3) consideration of whether the use will be used primarily by occupants or residents of below natural rode. Percent(50%)or more of which is wall)of theprincipal structure shall be considered a part of the principal structure. incorporatedinto below grade space and shall not affect this exemption so long as the only may be ' the project or other persona in the community. gsections of building so exposed are directly related to the garage structure. FLOOR AREA means the sum of the gross horizontal surfaces of each floor of a building • Above grade balconies and decks co d in the AR-I Zone District including those BUILDING HEIGHT means the maximum distance allowed,based on the following or stmcnue.In calculating floor area,the following odes apply: e. Garagesand carports:For the covered by a roof or floor above,shah]be excluded from floor area calculations when the area of criteria • arp purpose of calculating floor area ratio and allowable such balconies and decks is less than or floor area for a lot where the principal use is a single family residence,garage and carport floor area equal to fifteen percent(15%)of the allowed floor area;all area of above grade decks and balconies On a lot which contains a duplex,garage and carport floor a. On Pitched Roofs: a. General:In measuring floor area,all dimensions shall be taken from the outside face shall be exempted up to a maximum of seven hundred over fifteen percent(15%)of the allowed floor area shall he included in the floor area of framing or other primary wall members or from the center line of walls separating adjoining units fifty(750)square feet. l) There shall be no mid-pain of a roof which exceeds the of a budding or portico thereof.Veneer • area shall be exempted an to a maximum of five hundred(500)square feet per side.All garage or existing Proscribed height above facades up to eight inches in f.Veneer shall be excluded from the calculation of floor area;that carport space in excess of the exempted • SETBACK means an openspace at T I E H AC K g grade,whichever is lower.The mid-point of roof shall be defined as that point which f portion of a facade which exceeds eight inches shall be included.Fireplaces,elevators,stairs and areas shall be included as part of the midentiul floor area calculation.When a single family or P< 8�between a mucous and the property line of the halfway between the top o the ridgy and the eant of theo The the case oo is that point in the too( duplex dwelling exceeds the allowed floor wren,the exempt garage space shag be reduced by - for on which the smmnin is located.The setback shall be unoccupied and unobstructed from the plane which is directly above the outside of the wall below.hi the case of a covered deck or patio, similar features am included in the floor area on each floor. and upward, the cave- in[shall be that subtracting the excess floor area from the exempt garage spaces "" ground p aid,except for fences or as otherwise provided in this chapter.In measuring a setback. RESIDENCE Po point which is directly above the outside face of the smcture,or three • b. Roof overhangs and decks:The floor area of a building,or portion thereof,not the horizontal distance between the lot line and the closest projection of the principal or accessory feet(3)in from the edge of the roof,whichever is more restrictive. building shall be used 1470 TIE H AC K • 'provided with surrounding exterior walls shah include the area under the horizontal projection of • f. Crawl space Crawl spaces shall be exempt from the calculation of floor area even if roofs or floors,when the roof or floor exceeds five exposed above natural grade,so long as the height of the crawl space does not exceed five feet six RD.ASPEN CO 2) There shall be no point of any ridge or other roof peak,which exceeds the prescribed (5)fee[.These architectural m projections are exempt for five(5)feet of the perimeter of each story of inches(Si").' STRUCTURE mean anything consmund,installed,or portable,which inquires location 81611 height above the existing or finished grade,whichever is lower,by more than five fee[(5�. • the structure.The Architectural projections may project up to ten(10)feet and still be exempt so long as • on the ground a includes ruts and tepees and movable buildings which can be used for housing, the total perimeter space g.. Attic space:That portion of attic space where the distance between the floor and business,commercial,agricultural,or office purposes,either temporarily or permanently. 3) There shall be no eave•point which exceeds the prescribed height above existing or for a fgor is less than or equal to the total area allowed for the five(5)foot exemption.This ceiling exceeds five feet six inches(S6")in height shall tent as floor area. "Smemre"also includes roads,walkways,paths,fences,swimming pools,tennis courts,signs, finishofed grade,whichever is lower.Exception to this a if the ridge lines which extend to the outside exemption cannot be used to transfer space between floors. sheds,and other accessory construction.lines,"Structures"do not include fences or walls used as fences face he a building to fora a gabled end will be permitted,to the eaten[that they conform to(2) h. AR-1 Zone District For the purpose of calculating floor area ratios for non- public than six feet(6')in height,poles, cables,or other transmission or distribution facilities of SD 2n/zoz2 above. public utilities;bus shelters less than 200square feet i1191Ze. DD 3/16/2022 c. Decks,balconies,starways and similar features:Structures that exceed thirty(30) • residential structures in the AR-I Zone District subgrade space shall be excluded from the floorHOA v2s/zoz2 b. On Flat Roofs:There shall be no point of a flat roof which exceeds the prescribed inches above natural or finished grade,and that are not covered by a roof or architectural projection • area calculations when such subgrade e space u accessory PERMIT 2/1/zoza height above the existing or finished grade,whichever is lower, from a building,are exempt from floor area to and subordinate to the principal use of the building and used for subordinate,secondary purposes. for up to fifteen percent(15%)of the maximum floor area allowed.Any areas in excess of fifteen • . Such exempted subgrade space shall include areas used for mechanical,electrical or heating percent(15%)shall be counted coward floor area. faziEties;utility space; YARD means an open space which is unoccupied and unobstructed from the ground c• roofs within amulti-roof building shall conform to these standards. parking garages;required employee housing units meeting Uniform Building Code requirements for skyward,except as otherwise provided below: • subgrade space;kitchens and employee recreation rooms;meeting moms,auditorium,banquet I IIIIII IIIII IIIII►IIIII III IIIIIII IIIIII III IIIII IIII IIII rooms,convention space,banquet preparation IIIIIII IIIII IIIIII IIIII III IIIIIII IIIIII III IIIII IIII IIII II1I►►►II►►!111III►►III IIIII►111►►I►III►111111IIIIIIIII 494421 05/15/1997. 0 1. 06N ORDINANCE IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 4e,g26 97/17/1997 19:76q ORDINANCE 8 4f 14 R 15.10 7 10,5 N O.D0 PITKIN COUNTY CLERK 8 of 14 R 71.00 0 0.00 N 0.00 PITKIN COUNTY CLERK 47 04428 / / ORDINANCE 0 1/19DIt 10e O of 14 R7160 D 0.06 N 0.60KIN COUNTY CLERK of 14 R 71.00 D 0.0 N e.00 PITKIN GOUTY CLERK • FULL LAND Reception No. 404428. USE APPROVAL Reception No. 404428. C Reception No. 404428. //` p Reception No. 404428. SCALE 1:1.18 J SCALE:1118 V SCALE 1:118 SCALE:1:1.18 8Ef,.;EIVED LUA.51 02/02/2023 ASPEN BUILDING DEPARTMENT RED a - a�;r 1001 Grand Ave a.Exhibit A _i_— cle `. 33 e d e: 3'�33 o�c. Suite 103 z 3 a i z — • Glenwood Springs i + �E z = i I C081601 a. Projections into required yards.Yards shall be unobstructed from the ground to the N N = < sky except for the following: a a 9 i{ r 3 " ---tl I--;- .I I 1. d. I) Uncovered porches,slabs,patios,terraces.walks,steps.retaining walls and similar s a: jF. j _ _ _ a _ _ .1__ A I, ¢ U B <I I I These documents have been structures,which do not exceed thirty inches(30")above or below natural made-No restriction; _ •- < u a r a . < s 2) Fences,hedges,berms and walls less than six feet(6')in height are permitted within I check.The are not for 1470 yard setbacks,except on comer lots where no fence,retaining wall, } ' I Tieback.They are not suaable for hedge berm,or similar €= use o El not other projects or inn i locations without the approval and _ q participation of the architect. obstruction shall be erected or maintained which obstructs traffic vision;nor on comer lots shall any j. N - w ' 4 i Reproduction prohibited without fence,retaining was hedge,berm.or similar strucmrc 6e crated or maintained which exceeds a - R = R _ _ _ R - ' - - - a height of forty-two inches(42")measured from meet made within twenty feet(20')of the comer. Li. < ? " !<` 1< < ¢ = a I ` I approval of the architect. e l I a I S!i 2023 YARD,FRONT means a yard extending the fall width of the lot,the depth of which is. 8 - .. 2,-. `I ..•3 _ i I'_' measured as the least horizontal distance between any point on the from lot line and point of the a _ ^ Y _ a -. - e j= y:r R structure or use(such distance being referred to as the'front yard setback"). I a.§'a.�, E _ ;(* I = I i r ml _ '4 Y _ YARD,REAR means a yard extending the full width of the lot,the depth of which is C a I :a a I �_ i i _.^ •I t I -- - r'•z - g a.;E z. _ - - measured as the least horizontal distance between any point on the rear lot line and point of the 1 •- •c e I a= 1 I e i I g i sr 3 3-3 structure or use(such distance being referred to as the"mar yard setback").In the event of a 8 I F= 4 i _ S_ s a ,_ I e - triangular lot,the owner shall designate one line as the side and one as the rear lot line. - - I I = 5 i I I"a - = - i - - 8 t=a 3a! I. I I-'I ILA I I — . I iv - YARD,SIDE means a yard extending the length of the lot between the front and rear yard a I - _ setbacks(or lot line in the absence of yard requirements),the width of which is measured Se the i` I ' I I I — d 1• 1 P I v .I - I least horizontal distance between any point of the structure or use(such distance being referred m as = I r Ig; '.i 1 I a s S y $ g y4 _ > y I I I a y = r{ i _ I i .I the"side yard setback").In the event of a triangular lot,the owner shall deli one line se the HHH a a ' .E — Y a = V m g — Y I Y I, 'x z E c '= i' side and the other as the tear lot line.(Ord 95-6§§8,11-13,1995;Ord.94-16§14) z _ I g ?< a — - g Y Y _ s"-If= — I �3 i3 Ylr. _ i I. I _ $ f t It Ir I.8 r Ira I' I_z Jt:13i --I' � Ii. Id IC .3 _re m C I i I 1 gg _ = � I �o� kill a I �7,0 IR gig_I 1,_ I _ _ I I 1 'fli =tom m i« —mE i fjy e i lit= _'I _ - :1= si III s1 a: �s8 E 1 1 3 =,e 5 I gg3 egg :4:aim?iL 2iv cl 3 IL E 8 3 ujS Zi • a ate = Yea = rYk _a,� _ tot �_ _ I __ ��. C .3 y. —.u :r;,n CIC 8 = N r'c a�.I= ip S _ ! 3 �gw h •+ - oo am-de I11III IIIII IIIIII 11111 III 11��111 111111 III 111��IIII IIII _ e e F S ` p31 p 404420 05/15/1997 10:58A ORDINANCE ~ re § p e a S S g, 5 $ ! g -a.". f. _ 1,1r1 -y 1 5 9 of 14 R 71.00 D 0.00 N 0.00 PITKIN COUNTY CLERK L -n _ e - _ = E a j - <o El :1_mlai^--'.aC LZIs ZO6.7='T .1. < S d 1: Reception No. 404428. Reception No. 404428. 1 p 2 Reception No. 404428. Reception No. 404428. SCALE 1:1.18 SCALE:1.1.18 SCALE.1.1.18 MaP A • EX(STING Map B - PROPOSED- - t. 1 J � (' /M ``/ a �ii•'. .Yaraaa Crrra • . i- cr.a , :..r.E .%' / ., r 11, � r! ;. Aa.1 _ ,_ -.,.._,, - It � OS TIEHACK :, �. . -r= � PEE _ L :� 1470 TIEHACK 7 If- - �� 77 RD.ASPEN CO 8 �: -IS n$ ai A .?.!� "�`r1 II Err-a 81611 � $ (> :-Po _ ': 3' li I t / 4• w -.•:. i ■ T a /s f:. E4.1 `!Li.t, I f, E a1A SD 2/1/2022 I f _ ,— L ' wr DD 3/16/2022 ,L.,,,, _ �..E' 3 HOA 2/25/2022 .=X7/- = I�„-'I PERMIT 2/1/2023 \ 4---...- -:, , i . 10 1T.I.;-.21,:41,!.1.71,r rd.. FULL LAND USE APPROVAL Reception No. 404428. C Reception No. 404428. SCALE 1:118 J 6Ef,.;EIVED SCALE 1:1.18 LUA.52 02/02/2023 ASPEN BUILDING DEPARTMENT lee, 'yc ., ..r,.,,, RS.:,y-e n- • 1 N,. -,.,,. .. .. k f :'Y •a.W,.y�. .. .{" i+i u�.a+aNi'i+a � .. ' .,•r ;:..„ Y.r • • • eJ60002 OB/13/9J S5,5a Sec Solo&c 721 PG 245 N360002 OB/13/v3 lit 3{Roc e.00 BIC 72l PG 2N ) e360002 OB/SJ/93 13:3{Rae e.00 BIC 72l PS I Silvia Davis, Pltkin Cnty Clerk, Doc e.00 ,c� Silvia leis Davis, Pitkin Cnty Ctsr.:r Doc t.00 ( Sflvaa Daviar Pilkln Cnty Clerk. Ooc f.00 217 ia�8iv1+s�9 ISa 34 Rne f.00 BK T2i PB R(� I P�+tktn c„Ly clerk, D°e .00 1001 SUiC�te 103 rand Ave �/ AEeOLDTION OS THE BOARD OF COUNTY CO+OtIf6IONERB '12 Resolution/93-((�y Resolution/91-ay Resolution/91�Q/ Glenwood Springs Page J Page 4 OF PITPIN COUNT', COLORADO ORINTINO SISAL PLAT APPROVAL Page 2 ? e 1, CO 816D1 1 FOR MAROON CRASS CLUB (PREVIOUSLY maTER RANGE/OOLF) tree under lease[°tM1e a licant. Tha R of ski facilities parking to include eloCOGd lift kingalig pace approximately 70 a PD (e) isdadng - The addition of 12 lodge rooms at 5B0 ; relocated parking to include no loss than 121 parking spaces N� Resolution P f]-ay t site is located north end vest of Maroon Creek Opiate feet each (6960 square feet) to the Grand and eliminate the revisions So nt at the b¢es of fine .0. No be ( projee `r ChmmplonO Club, additionalseContto the Buttermilk Master Plan shall be qi on both aides°f Highway 82 and includes portions of the '!t allowed by the County without adequate review of lift capacity (f) pgallsublic-The applicant has committed to dedicatecrank, a and the transit and parking needs of Buttermilk Mountain as These documents have been i Ts:.c res 444 public fishing oil ant along Maroon Creek, k a whole. specifically prepared for 1470 $F"T Buttermilk Ski area (Tieback). The project i approved 5 daytime no dlo trail system on the golf course, a r: Tiehack.They are not salable for nordSe trail connector between the City golf cur 2p Section 3. Caretaker units single family parcels are subject to the useonotherprojectsorinother 1. Pearce Equities Group II Limited Liability Company, as a residential and golf course development to consist [ and the Government Trail via the existing trail s requirements of Section 3-8.13 of the Land Use Code. locations without the approval and Ialong Maroon Creek to the extent they are within 9 panicipatlon of the architect. hereinafter"Applicants, Res applied to Pitkin County to of the following: project bound re es, a year-round 00eetrailr from the 4. The following garages:condition relates Co the calculation of square Reprotluct on proh bchiethout along Maroon Creek (ditch trail), access were the footage for approvaloftheamhted. i request Final Plat approval for the Maroon Creek Club (a) reside Family-The family iota!e forty!mete (43) a n 1 reeidentiel single family lots with the following ; Tiehack parking lots to link to the Government s PI Subdivision to be located o a parcel of land more floor area !!mite!ions: Trail, a pedestrian underpaef from the vicinity of 33. Single family lots 4, 6 though 11, 19 though 40, 46, 47 2023 the employee housing complex to serve as a !rail and 48 may each obtain 500 square feet of floor area from specifically described in Exhibit •he; and (1) Lots 1, 2, 3, 5, 12, 16 and 41 through 45, l.. link between the Owl Creak bike path and the AABC i41 subjec the t to trading the square omme for the s footage from the e of constructing I I hall be permitted a maximun of 10,000 square i bike path at the time of Highway 82 [out-laming, subject x 2. The Applicant hat received General Subm!salon approval Sea[of floor area. i and a donation of 50% (with 6a pedestrian as a cap) of ar a ermitted for garage apace under the Land Ilse Code 111 the cost of construction of a pedestrian bridge are permitted for these lots. R across Maroon Cr from the Board of County Comfeelaners (hereinafter (2) Lots 4, 6 though 11, 19 though 31, 40, 46, 47 Creek. The applicant has also agreed and 48 shall be permitted a maximum of 6,000 k to keep public trails open during construction. b. Single family iota 1, 2, 3, 5, 12, 16 and 41 through 45 "board.) by Resolution 90-67 and Detailed 9ubmlmelne square feet of floor area. ) includes ter e s maximum no trading square feet which 1a . Tha Plnal Plet application was considered at a public • k1 garage pace. ofsquare footage from 1 ermitted. No 2 approval by RemelmiOme 91-ill and 91-11Z. (3) Lots 32 though 39 shall be permitted a maximum G exemptionsthese fforigaage spacth the e der the Lones is and Use Code are of 5,500 square feet of floor area meeting before the Board on June 15, 1993 at which time permitted for these lots. 3. Other Resolutions which are still in effect on the • the Board has found the Applicant's request meets the 5. In connection with the approval,the BOCC agrees and makes the t (b) Multi-Family-The development of thirty seven(37) /,• proper y include: tovnhouees with a maximum aggregate floor area of requirements of the Land Use coda following fin dings: square feet, excluding underground garage z 1 i o 69-104 Residential CMQS allocation floor area. No individual townhouse unit shall : a. acres NON, TBEREPOtE, BE IT RESOLVED by the Board of County The Applicant is leasing or acquiring 19.]a eofi the L € adjacent Pfeiffer Parcel. 1Ae remainder of the Pfeiffer exceed 4,800 square feat. i o 89-113 Commercial CMGS allocation Commissioners of Pltkin County, Colorado that it hereby grants g (c) Employee Housing-The development of thirty nine parcel, they than 19.3 acres, is currently improved with o 90-103 Residential GMQ6 allocation (39)multi-family rental PNH unite including 13 one- Final Plat 1 for the Maroon Creek Club Subdivision subject one residential compliance unit and y only be further �{¢ht+ medroon, 13 two-bedroom,end 1]three-bedroom units approval developed upon caApl3ance with Section 5-510 end all o 91-144 Residential GNQS allocation 9i plus onetingle family"for sale.PMH Daicnl are a to the following condition.: C useoth C applicable requirements°Y the Pitkin County Lad R dF• } use Code. e ten additional be nca�uniG available, w i b. The Applicant is obtaining 245.4 acmes of the 249.8 acre o 92-5 Commercial GMQS allocation regaled to M Crusted by the applicant, but R 1. No further subdivision of the PUn shall be allowed except in t omay be assigned by ton applicant io enotner party connection with the obtain condominiumization o[any elements of the Y Pfister Parcel, The remaining 4.4 acre parcel a Resolutions 79-26 and 83-90 affecting the Grand to construct. project, subject to obtaining any required approvals pursuant F currently improved with one residential dwelling unit and Champions Club I to the Pitkin County Land Use Code. It is acknowledged that p me onlybe further developed upon c (d) Snit COursfl The devslopmeni of a Champiorohlp 18 ) all GMQS allocations have been obtained for all elements of y W po compliance viof If tn•re areconflicts between thew prior resolutions hole golf course, driving range, pretties green,ra this act. Section n Use and all other appinlicable ante with B C and the PUD/Subdivision resolutions, this Final Plat halfway house/snack bar o[no more than 1,200 aqua a project. the Land U9e code. Hownerowever, either accordance vitR 245.5 + an 5,000 foot golf Resolution enron( the utilize of parcel footage ofthe 4 approval shall lake precedence. feet on er golf course, square p 2. The shell k parking area shall have a ay-time se ltl spaces d or the 4.4 scree) may utilia the square the cart storage and maintenance building, 159 f( and eha 11 be open to t e public for dayetime urea only. The three residential dwelling units(a total of 5,015 square additional parking spaces at Grad Champfone Club ( Buttermilk Master Plan is hereby amended to allow the I feet) currently located on the 250acre application �+ 4. The total property is approximately 169 acres, including and 20,900 square feet additional commercial square modifications d for this project includingimprovement parcel to build Oct more than three residential dwelling f} [octets to the Grad Champions Club. I approvep ja provement ( j Ey srn .a. _ 5 B721-P245 B721-P245 B721-P245 ^l �+ - 721 SCALE 1' - 1'-0' 3 2 SCALE:1' = 1'-0' ,2.. 2. sCALE,P24,_a„B2 0 2' 2' 0 2" 0 12" r r=' _ 5T, , a .. :a c- . - - ,r - fe .�_`;_° `="L?��am,"* ...:"' !'`__. ,.,.tea--,v/tv.,.._ __.__0..:08-i-:_r:lY�+ Ea•,,._ - 3 _ :,.u�,,. . _........-.ra.rm. _a_...+�s+st.f6i +�EI+1! . _ 1v WWI It/ w./1 -�uT tit,.'. a4 :.. /f-,11*. N±.-'. ... . - a e360002 OB/l3/93 13r 34 p€ MSa0002 OB/13/93 ISt 54 Rae 3. Cud.Davin, Pitkin RK t.00 la[7H PG 730 •,1+ oo 6i fa Davis, Pitkin Cnty Clerk n C = Silvia 08/13/93 ISt54 Cnty f.00 B5 721 PG 2� Cnty C1 w•k.Oec t.00 }} NtyRTN PAACBL DOc f.00 SOUTH PARCEL Gitvia Davis. Pitkin Clank, Da f.00 Y360002 OB/13/93 15:54 Roc 4.00 OK 721 PG 249 �/ 3 A parcel of Land situated in Sections 2, 3 end 11, Town hip 30 South, A parcel 09 e5dwemtuofathen6ehepiMee Pitkin!Oia.:41:1:42O1T1Prad:"1:12.1:6Silvia Davfs. Pitkin Cnty Clerk, Ooc t.00 - Resolution/93-frl p South,lien '( AengeBSNastOt!hs 6th P.N.,pSttd¢County, Colora4 ,beingtemorefullydescrtbedaefo!loss! Page 6R allydescrfbed ac follwe: Resolution P93-L E6fMNLMGaLthed¢tersectton of ihalloriheasterrly RigRt-of-vay lipsOf BEGINNINGattheSouthwestrnrne[OPNid8ecn ;LAanta E 00' Page 5 eubj'eet to review by the County Attorney. 33'03•N 2683.01 Yaet nlobq the Neet lice Df said Seetloo I1 G iha elorado state Blghray Ho, 82 rheaw tee 1/4 Corner coamlon G said Neat 1/4 rnrner!f eeid Section 11; # 33. ono leeeellee Of any raeldantfal bulldln id 9eekione 3 and 3 bears N 59.19'1S•B 777.77 Leat) thence N 00.32'10•N 1672.45£set alo¢q tDf eest liee oL-Nid Station mile totalling S,o15 square feet,1f Na existing unite demolished. Such replacement 1e Subject to g permits for the hence compliance with applicable zoning, 1041 hazard review, Drojset shall!w alloved until such time as an adequate water oureeegaad d1O[aneeaa fence 11¢aO south of Stage Road the following '.� 11; and other requirements of tea. Land Use Code. The apply L in Plate' replacement credit of 5,015 square feet is an ddition 14 Conetrucilon Ss permitted from 7:00 am to 7:00 pm Monday , 60.13.00•E 308.40 feet; { thence s 27.47'03"N 58.8 feet; to any other residential density described or approved Yg through Saturday. Buddy longer hours thence N 27.47'03' B 58.89 feet; �' in this resolution. the discretion of the Planning Director. :-.; 42.12'16.i :ii:i4:iiiif thence N 17.53'07.N 01.02 feet; i may be approved at 42.12.16• ; tIlonce N 17.53.07•N 81.02 feat; 6. in the winter, We eettal lift, vhieh y be cotutructad t 64.30'00" 1t; ihenca N 44'12'll" 6 73.99 feet; Applieani's tholes on ut 16,shall be available to the publicIS. All easements ad agreements shall be recorded concurrently 62'00'00• ) ( thence N 44.12.11.29.55'54.W 124.00 feet;,`§ atno charge, ad subject to safety and operational rnlee of with recording of the Final Plat documents. SB'OB'00• l; thenceN54.1{'02' N;7.197111;iiifto all appropriate rsbject t safetyea. If a nal issnot 16. AllLer1a1representationsmadebNe 55'44'00' ; LAenceN33'06'19•W . fe64.10.00' ; thsmee N 16'OS•47' a 81yapplicantintee73.03.00'E50.29feet; !RastaND1.37.15" Bconstructed, alternative n of croastrg Tieheek Road i11 application d public meat! ngs •hell be adhered to and Chin N 37.02'00' E a point on the Southerly RLght-Of- eonmldaree cedttions of a 7e•44.00.6 203.36 feet; Way line Of Colorado State Highway No. 82; be provided for nordSe skiing andpedestrians. coditlone. PProval, unless amandea by other i 75.47'00• E 94.37 fait; thence following said right-of-ray line 1289.16 feet elvrtg the ere of a 59.14'00• E 13150!eel; • carve to iha Lett heving a radlua of 5790.00 eet, the chord of vbich 7. All militias shall be plated underground 'thin driveways, 59.24'00•E 131.07 feat; curve beers S 51'33'17•E 1286.51 feel; major roadway. the areas ed PU disturbed by ng plaing activities as Right-Of- ::::::::::"MD on ee 15771 DAY OP 48.35'00' E 15.27 feet; tRObee 011wing eeid rigat-°fwey N 32'04•00• B 10.00 feat; illustrated the approved the p grading plan. JI;NE 199]. 30'26'00• E 26.19 feet; ihenca ollwin said riqIli-of-ray 289.19 feet elo0g the etc 0f a curve 8. For all bulldfm]s within PUD, building height shell be - measured pursuant to the Land Use Code provisions in effect 87.48'18• E 142.9!fee; q y at thetime of issuance of a building permit. Height of the BOARD OP COUNTY COltnreefONEAE a7'36.24•E 105.68 feet, • to the eft Saving a diue of 5780.00 feet, the chord of which curve structures will be measured from finished grade en approved -,; OF pITEIN COME, •I.ORADO bears B 59'22'00'8 289.16 feet; on the POD grading plan. BB'09.03•E 109.76 feet; thence ollwing maid right-of-way 8 60'48.00• a 802.76 feet; • / BB'S2'09' B 189,99 feat; thence 18.09°00•X 176.89 feat; 9. Prior to signature Y the Final Plat o issuance o[ n 87'51'40' E 136.14 feet; thence 29.17'00•N 311.07 feet; excavation permit for the project,the Applicant shall submit By / `4�� 88'Ob'39' B 14{.94 teat; thence 19.17'00•N 72.38 feat; BB'1B'02• E 14 .94 feet; • thence 60.43'00•E 60.57 feet; a financial eacurity acceptable to the County Attorney and s -T Gr a run BB'09.17• E 228.21 feeti thence 39.17'00•N 86.80 feat; • Ilence da rein - 1 thence 89'35'00• B 304.56 feet; BOCc insuring the construction of the infrastructure end Date, he¢n 8 36'21.42�a@ 725.00lfmelB 07.16'09•X 762.37 f«[; thence oath 1413.30 fast; �R TIEHACK ad/or re eprcve on of the property. ae • Rance 9 oe.58'04•x 967.66 Seetjto thence 87.00'00•a 256.69 feet; public improvements, A Ts f eeid Colored!State 0 feet; No. 81 dnwntinuinNoe3osr1aa1dgA1 bt-OfYNey n thence 00'07'55•6 288.61 feet; RESIDENCE identified in the Subdivision Improvements Agreement. he follwin °ones 0 9 g thence 89.31'N"N 297.34 feet; 10. No dogs shall be allowed in the employee housing complex,ad 9 c and dietmcea; thence 08'17'26'N 380.64 feet; any doge n the remaining portions of the project site Shall 60.48'00^N 716.61 feet; be t ctio or kenneled. All workers associated dogs 641.94 faei along ins arc of a curve to the fight Ilaving a radlua of 5680.00 thence 43.46.26•W 253.29 feet; 1 470 TIEHACK eonetruction of the project shall be prohibited to bring doge • ayes • eat; thence 02'34'04•N 496.46 feet; to the site. ty County lark and Resordez 34.09.00'X 124.6D faei; , • iiiii 41'16.20•i 310.89font; RD.ASPEN CO 93.17feet alongthearc ofacurveioIleright Navin a 14'00'40• 536.11feet;11. As part o[the employee housing complex on the north aide Of APPAOPEp Are Tee SORIIt AppAg�AO COMT6pT+ set to the g 0 a radlua Of 2242.00 33'O1'14' 281.07feet?s.`:" Highway 82,end ii an Agreement eatisfaeiory Co Applicant al+d point Of bnglnni¢q, coAtaihtrt 83.795 Acres, more or less. • C the County man be eonfumeated Dy September 1, 1993, the 00.14'sl• 101.82 feet to81611 !:f!' 31; a point on the south line of said 7 additional unit; 89'IB'20'N294.13 faei alongsaidSouthlima;Applicantwinonatruetuptoseven ( 1providedthateCountyshall, durim7 tee course of the • design and nstruction, pay all costs (hard and soft) 'T to t au Ol•09'00' E 1321.99 feet;esoeiated with such additionals unite, together with ail county At ey Cann PlanniDirector 89'44'S6•x 1297.75 feet;` a▪ stamen!end operation wets a rocsated taerowith. Tares ea ag 02'O1'16'M SD 1W20 22 (3) additional units are served to be used by Pfeiffer. r lose3 feet to Sae point of beginning, containing ` so Deer[ u 299.403 Acres, more or lase. DD 3/16/2022 D• rwerkcixp HOA PER 2/25/2022 12. Prior to recnrdntion oI the Final Plat, the applicant shall 'E� PERMIT 2/1/2023 obtain a signed water agreement from the City of Aspen, 1 .. B721-P245 5 B721-P245 B721-P245 B7 P 45 SCALE:,' = 1'-0" SCALE I' - 1'-0' 0 1/2" T. 2" 0 1 2" 1" 2" SCALE 1' = 1'0" SCALE:1' - 1'-0" 0 1/2" 1' 2" 0 1/2" ,' 2" FULL LAND USE APPROVAL RECEIVED LUA.53 02/02/2023 ASPEN BUILDING DEPARTMENT RED ��_ _.•_- F, apPssf�i!► r aims 10015 Grand Ave Suite 0 i360002 08/13/93 13:34 Rfc i.00 PK rn PB 2S9 a360002 oe/13/97 13,31 Roc e.00 DX 7•lt PS 20e _ �.~ .- _ ...~ Glenwood Springs • Salvia Davis.Pitkin Coty Clerk. Doc f.00 - Silvia Davl e. Pi lkln Cnly Clerk, Doc e.00 •a6apppp qq 11 Decs.0 CO$.1 thence 14P.30 LNC along the arc f a Carve to ens left having a radius of litria2navi•, Pitkin Cory Clerrk Bk c 0 928 iN EXCEPTING from the above described'Parcels the following described Tracts: - t a� _ 245.00 feet, the chord of which bears R 02.40.13•C 130.39 feet;1. A tract of lend 'tested in Sections 10 and 11 of said Township and Range, thence N 19.04•31•M 102.12 feet; being more fullysdeecribed an follow: P o ` thence 54.37 Pest along the re of s curve to tee right hevinq a radius of t 240.00 feet, the chord of which beer.N 12.35.23•M 54.22 feet. O Beginning et a point on the Went liar of said Section 11 whence the went `.r,�j hence N 06'06'14'N 116.31 Coot; - '`� C 1/4 corner of said Section 11 bears S 00'32.10'8 1672.45 feet; C(f1s"` thence 6 84'41.01•E 241.71 feet to the point of beginning. 3 These dOCumeotS heVe bBeo thence S 69'58.10•M 6.05 feet; ", thence N 27.47.03•E 58.09 feet; g,.1 thence,e 47'00•40•M 49.01 feet; K A`"m+,` * spec allypmenot uteble0 thence N 17.53'079 M 81.02 feet; `1` # Tieback They are not sudablt for thence N 44.21'11•6 73.99 feet; .: h s'^`""A , PRI813L PFEIFER LEGAL use on other projects or n other thence N 29.55'S4'N 124.00 feet; .' � locabonswthout the approval and thence N 54.14'029 M 47.08 feet; l'''',,,:,-41,"'41,),:i'''"1::,,.::::.,,,.'15'.,'_11 A parcel of lend situated in Sections 2 end 1, Township 10 South, Range ' padclpctionpfihearchltect thence N 33.04'189 W 2.32 feet: 85 Went of the 6th P.N., Pitkin County, Colorado, being more fully Reproductonpmh bled wthout described as follows( , approval thence N 46.05'43•E 537.75 feet; �f! _ ofthe architect thence S 37.45'169 E 734.52 feet; -- Beginning at a point on the Southerly right-of-Way line of Colorado 2023 thence S 20.30'16•E 40.00 feet; : State Highway No. 82 whence the Southwest corner of.aid Section 2 -fl'e I I thence S 45'58'16•M 227.93 feet; - bare 8 76'44'00•x 832.92 feet; thence N 45'S8'00•M 339.34 feet; thence 8 46.05.43•M 751.70 feet; thence 8 55'53.00•M 54.70 feet; thence N 01.37'15.6 661.68.feat; thence S 26.04'00•M 267.30 feat; '�'` thence N of37.02'00' E 249.40 feet to a point on the Southerly right-of- thence S 89.58•10•w 116.23 feet to the point of beginning. - �„ coy lice L said RSyhwayy No. 83; I• '�' `4, ; thence following said right-of-cony line 504.23 feet along the arc of 2. A tract of land ituatetl in Section 11 of said Tawehlp and Range being curve to the left having a radius of 5,790.00 feet, the chord of which - wore fully described as toilers: ,,,. _ curve beers 8 47.40'16•B SO{.06 feet is tee point of begiminq. Beginn23958'27 et e I - COUNTY Ol PITS'S,:STATE OP.COLORADO.g point whence the Northwest Corner of said Section 11 bears Nthenc S r 27'5558 t180. h thence N 12'32'059 E 190.00 feet; _ I thence N 77.27'55• E 190.00 feet; .'tY :. thence S 7]'2]'55•E 335.00 feet; thence S 0•E 187.83 feet; \ q thence feet 120.00 feet; . thence South 345.00 feet; - thence Went 235.00 feet; 1 ` A,I z thence N 09.59'499 W 220.58 feet; ii thence N 77'27.559 W 260.00 feat; , `!. thence S 12'32'05•W 135.00 fee[; �' a ,y thence N 77.27'559 W 250.00 feet; t 711 � thence N 12.32'059 E 250.00 feet to the point of beginning. L - 3.A tract f land situated in Section 11 of said Towneh3p and Range being "4, e more fully dekcribed ae follows: ,Ir , ? ' Beginning at a point whence the Nest 1/4 Corner of said Section 11 beers N i 5t S`y. thence 2 M 19'0.80 feet; I s , thence N 03.13'00*E 27.0002 feet; ` 44 thence 8 03'13.00•W 362.23 feet; - - - . thence S west M 318.82 feet; 1: thanes west 7.00 feel; t^ .f� , s thence N 03.38'nt x 28.00 feat; r, 1- thence 96.53 feet along the arc of a curve to the left having a radius of 65.00 feet, the chord of which bears N 46'10'37"W 87.90 feet; • thence 46.89 feet along the arc of a non-tangent curve to the right having 1 a; i. e radius of 170.00 feet, the chord of which bears N 05•50'02" E 46.74 feet; .'� s ', •w• thence N 13.44.05* E 44.28 feet; } B721-P245 B721-P245 B721-P245 SCALE,' - ,'_0 1 2 0 12' .' 2 SCALE:1' = 1'0' 0 1/2" 1' 2" SCALE:1' - I'-0" f.. ..t•ml4ega+srs'+`+ikpi+Ana"v se.-"'ai/ammost.=+lR i..2iN1.mmew ta260002 OB/13/93 15:64 Nee Coo BK NgP8, a f5�. Silvia Davis, Pitkin Cnty Clerk. Dee f.00 - r; e60002 08/IJ/93 l '34 sec•.O0 er 021 PB 2"1 4yd.. 81 v11 Davie, Pltkln Cnty Clerk. Sae a co �'•- PR1EDL PFEIFER ASPEN REAL ESTATE IRREVOCABLE TRUST NO. 1 " i .. LEGAL �-,� taence N S4.14'02•M 47.08 feet; .( A tract of land situate in Lot 2 oL Section 2, Ian 5 cf Bsetinn 11 end thence N 33'46'05'43'N 2.32 feet; ,: thence R 46'05'43•E 537.75 feat; Lot 1 of leCtion 10, Township 30 South,Rungs 85 Ne6t of the 6ih P.N., '.) thence B 37•{5•00'E 734.52 feet; Pitkin County, Colorado, being more fully described ae follow: thence S 20'30.16.6 40.00 feet; :1 6 thence S 70'5:'169 327.93 feet; Beginning at a point on the Southeasterly line of a parcel of lendY a_.� thence N 45'3e•0o•M 339.24feet; described in Book 338 et Page 684 of the records of the Clerk and - thence a 55.5:'00•M 54.70 feet; Recorder of Pinkie County, Colorado,whence the Northwest corner of thence a 26'04•00•M 267.30 feet; said Section 11 beers N 06'46'03•E 669.7E foot; thence E 89.58'10•M 116.23 feet to the point of beginning. thanes N 46.05'43' E 1246.03 feet along said Southerly line to the +n,1 ,_..i Southwesterly right-of-way line of Colorado State Highway No. 82: x 0 COUNTY OP PITRIN, STATE OF COLORADO. thence 501.56 feat along the arc of a 5780.00 feat radius curve to the ., y left having a central angle of 0self 59• and subtending a chord bearing S 52.40'54" E 501.40 feet along said Southwesterly right-of-way line to a point on the East line of Lot 5 of said Section 11; ^rl thence S 00'46'184 E 912.80 feet along said East line of Lot 5 to the '^' Southeast corner of Lot 5; y thence N 90'00'00*W 1225.63 feet along the South line of said Lot 5 IBA di tC/end Lot 1 to the Souteeret corner of a tract of Land described in Book 264 at Page 997 of the records of the Clerk sad Recorder of Pitkin ,,,'': • 1 County, Colorado; thence along the East boundary of said tract described in Book 264 at Page 997 the following seven (7) course.: 1) thence N a7V7'03•E 58.89 feat: w_ TIEHACK 21 thence N 47'00'40"M 49.01 feet; :` 3) thence N.17.52'07•M 73.92 feet, RESIDENCE 4) thence N 44'13'11"E79.99 feet; 5) thence N 29.55,54•W 124.00 feet; ' s. K' ;"";. 1470 TIEHACK 6) thence N 54.14'02"W 47.00 feet; 7) theses N 33.04'18•w 2.32 feet to the point of beginning. y,,� /j =� RD.ASPEN CO EXCEPTING T5500PRON: -I A tract of land situated in Sections 10 and 11,.Townehip 10 Southr 81 61 1 Range 85 Weet of the 6th P.N., being nor*fully described as follows: ,);: �; Beginning at a point on the Neat line of said Section 11 whence the 1•.. West 1/4 corner of said Section 11 bears S 00.32'10"E 2672.45 feet; SD 2/1/2022 ` A, thence S 89 •58,10"M 6.05 feet; y� i thence N 27.47.03•E 58.89 feet; DD 3/i6/2022 thence N 47.00'40•N 49.01 feet; Iiyl HOA 2/25/2022 thence N 17.53'07•W 81.02 feet; r,;,,. PERMIT 2M/2023 thence N 44.21'11.8 73.99 feet; • thence N 29.55'54•W 124.00 feet; '" 4 `:: B721-P245 ^ B721-P245 r FULL LAND SCALE:1' = 1'-0" (�+ SCALES = 1 0' J USE APPROVAL 0 1/2" 1' 2" 0 1/2' 1 2" RECEIVED LUA.54 02/02/2023 ASPEN BUILDING DEPARTMENT „ _ ..___ _ 4s- pie. K- .m:-..xv3..aa .. �. ®-, ii #363258 11/15/93 08:42 Rec f340.00 BK 730 P6 7'97 8363258 11/15/93 08:42 Rey 4340.00 BK 730 PG 798 ' 1001 Grand Ave Silvia Davis, Picki.r Cnty Clerk, Doc 5.00 Silvia Davis, Pitkin Cnty Clerk, Dec $.00 #363258 11/15/93 S:42 Rey 4340.00 BK 730 PG 799 y+,# #363258 11/15/93 08:92 Rev s340.00 BK 730 PS BOO Suite 103 • Silvia Davis, Pitkin Cnty Clerk, Day f.OJ 4,_; Sllaie Davis, Pitkin Cnty Clerk. Doc $.00 Glenwood Springs t< CO 81601 WHEREAS, the Project, the Company Property, and the Pfister iATER SERVICE AGREEMENTWHEREAS, this water service agreement (the "Agreement•) is any ECU limitation per unit or use so long as the total of 550 R Properties I and II (of theeCit Properties”) are situated outside designed and intended to comply with the water service extension ECUs as specified herein isev not exceeded. The parties agree that a/' the corporate limits of City; and pot iciee as adopted by the City through the passage of Resolution of the 550 ECUs herein provided, the Maroon Creek Club (f/k/a the !t� No. 5 (Series of 3993) as amended June 28, 1997 pursuant to Grand Champions Club) presently utilizes 15 ECUs. PEG II hereby THIS WATER SERVICE AGREEMENT (^Agreement^) is entered into WHEREAS, detailed subdivision approval for the Project Resolution No. 49 (Series of 1993). - waives any tap Yee credits that may be available to it under the this .7/f day of �}•Q- 3993, in Aspen, Property development (known en Maroon Creek Ranch, f/k/a Pfister mutual Code with respect to existing structures on the Project Property These documents have been Colorado, between the%City�f Aspen, Colorado, a municipal Ranch/Golf) has been granted, as amended, by the Board of County p spoodoally prepared for 1470 corporation and home rule pity (hereafter"City"), and Pearce Commissioners for Pitkin County, a copy of which is attached and NOW, THEREFORE, in consideration of the remises, that are to be demolished. Tiehack Theyam notsudablefor promises, and covenants contained herein, the parties agree as use on other protects or n other Equities Group II Limited Liability Company, a Utah limited incorporated herein as Addendum^0• (the"Project.); and follows: ) • 3. pater Service to Pfister potablePro erty II. The City hereby locations wthouttheapproval and liability company (hereafter"PEG II"), and Arthur O. Pfister, " t agrees with Pfister to provide erneof water service to thepan clpatlon of the architect Elizabeth H. Pfister and the SEP Residence Trust and the CDP l WBEREAS, water service for Pfister's Properties, the Company - PURPOSE OF AGREEMENT agrees Property II under the terms this serviceto serve up Residence Trust, Colorado Trusts. (together hereafter"Pfister.), Property, the Project, and the Project Property will require or to a total of five (5)usingle family homes of Agreementup 15,000 square 1! Reprotluct on proh btetl wthout and the Aspen Skiing Company (hereafter"Company"). has previously required the installation of certain water mains f. R4!Dlacenent of Prior Aereseents,. This Agreement feet each and five (5) employee units to be located at the West approval of the arch tact and related facilities as otherwise described in the Agreement; super- sedes: (1) the defunct water service and raw water agreements Buttermilk site, and two (2) single family homes of up to 15,000 N ITNESSETH and dated July 9, 1990, among the City, MCDC, and Pfister; (2) and square feet and two (2) empoyee units to be located at the 2023 WHEREAS, PEG II owns, leases or holds en option to own or WHEREAS, the Municipal Code of the City of Aspen, Colorado paragraphs 9, te, an, 14 and 15 of the Aternand AgtheeCityt between Tiehack (also; known as, hheow"out, parcel") site, with a ooffttl atU real propertycomprising approximately 369 acres (hereinafter^Code") requires that the extension of water service Arthur O. P£is[ee and inEl Countyh N. Pfister and the City of Aspen, Limit of 57; provided, however, that the total volume exceed treated lease certain p g pp outside of the boundaries of the City shall be made pursuant to a recorded with the Pitkin County Recorder on February 3, 1984, at water provided to the Pfister Property II shall not exceed 12 situated in Pitkin County (and more specifically described onBook 460, page 373-83 (Reception No. 257066) (the"Amended acre-feet/year. Pfister may allocate the 57 ECUs among the 14 Addendum"A" attached hereto and fully incorporated herein) upon written agreement with the City, that the City shall not be Agreement"); (3) and the entire Agreement between Arthur O. residential units as described above at his discretion. However, which it seeks to construct a residential development and golf obligated to extend such service and may provide such service Pfister and Elizabeth H. Pfister and the City of Aspen dated the parties agree that of said 57ie ECUs, 8 are presently allocated course project generally consisting of forty-three (43) single- only upon a determination that it is in the best interesogree the August 8, 1ege and recorded with the Pitkin County Recorder at _ to existing structures edon the Tiehack parcebuiltl. Ife such existing family free-market homes, thirty-seven (37) free-market town- City, and that the City may Impose such requirements ebyn agreement Book 431, pages 617-626;Agreem (4) and that certain Water Main Exton- structures are demolished, new structures theme fenes the Tiehack homes, forty (40) affordable residential housing units (39 multi- as the City determines are necessary to protect the best inter- atom and Service Agreement dated September 30, 1985, between the parcel will be assessed tap fees based on those fees in effect at family rental units and 1 single-family sale unit), and expand ests of the City; andi , the time of construction, less the 1983 tap tee attributable to the existing Maroon Creek Club, f/k/a the Grand Champions Club, City and Owl Creek Development Corporation, a predecessor in WHEREAS, the City has determined that this Agreement and all interest to PEG II, to the extent the provisions of such agree- the original a ECUs. Should the new structures require or including the construction of an 18-hole championship golf course covenants herein are necessary to comply with the Code and the meet have not been fully performed or are inconsistent or con- utilize more than 8 ECUs, the ECUs in excess of 8 will be deduct- with supporting facilities.(the "Project Property); and flirt with the terms of this Agreement. Notwithstanding the ed from the remaining 49 ECUs herein provided to Pfister. water policies of the City of Aspen and the City is not entering • above, nothing herein shall be construed to vacate any easements WHEREAS PEG II holds an option to purchase a certain this Agreement as a public utility nor holding itself out to the as provided Cityunder the terms of the agreements as identified The provision of water service to the Pfister Property II is portion of the Project Property from Arthur O. and Elizabeth H. -• public in general as capable of or intending to provide water except as specifically provided for in this Pm Pfister, more particularly described in Addendum"B^ attached service extraterritorially; and in this paragraph, contingent upon Pfister having obtained all land use/development ent Agreement. I approvals from Pitkin County or such other governmental entity hereto and fully incorporated herein (the "Pfister Property I.), • WHEREAS, the code provides for the rating of maw or expanded with jurisdiction over said property. which will be conveyed to PEG LI should PEG II exercise its water service based on potential water demand as expressed in h. Water eerwith to PIIttot and Project le ter. theTimeoption to purchase same; and City hereby Press with PEG II to provide potable water service 4. Limitation of Provide Service. The City's equivalent capacity units (hereafter"ECU"); and to the Project and the Project Property, inclusive of Pfister obligations to provide water service to the improvements located WHEREAS, PEG II and Pfister seek to obtain municipal water WHEREAS, the City desires to a rage the use of rev eater Property I, under the terns of this Agreement in such quantities within the Project, the Project Property, the Company Property, services from the City for the development of the Project Proper- supplies for the purposei of lawn ae cur outsides irrigation so and to the extent herein provided so as to serve the structures and Pfister's Properties pursuant to the terms of this Agreement ty, inclusive of the Pfister Property I; and s to reduce the dependence on treatednd othererer for this purpose and and uses as authorized by Pitkin County under the approvals as shall terminate if PEG II has not completed construction of the t in the vicinity of ao tonreduc the cdeps df ceoondtrg t wad rafor thisipe po ehe granted in PEG II's detailed final plat submission for the water transmission and distribution rains, internal distribution WHEREAS, Pfister also owns other property Y project and the Pro-act Property and sated coat Properties; and Project (see Addendum"D•). Subject to the terms of paragraph 17 lines, and related facilities to serve the Project by December the Project Property as more particularly described in Addendum below, the City shall provide potable water service to the 31, 1997, unless completion of construction is delayed by force "C"attached hereto and fully incorporated herein for which WHEREAS, the City, PEG II and Pfister wish to enter into Project and the Project Property not to exceed 550 ECUs (^equfva- majeure as defined in paragraph 37 below, in which casbye the• potable water service is desired from the City (the"Pfister this water service agreement which shall supersede the defunct lent capacity units.) under this Agreement; provided, however, deadline shall be extended beyond December 31, the same Property II"'; and water service agreements dated 9, 1990 entered into between that the maximum volume of treated eater the City shall be number of days as the force majeure delay that prevented comple- 9 July required to provide to the Project and the Project Property under Lion of construction. the City, the Maroon Creek Development Corporation ("MCDC•) and thisparagraph shall not exceed 185 acre-feet/year. Subject to r WHEREAS, the Company will own Lot 49 within the Project Pfister, as well as other agreements between and among the { the trmsofparagraph 17 below, the structures and uses as ap- ) Property for which potable water service is desired from City I parties as Wore particularly described in paragraph 1 below; and (the "Company Property); and proved for the Project and Project Property may be servefl without 2 3 4 $ r I r 730 P797 B730-P797 - 1.-0' 3 0 2" Y'B730-P797 A B SCALE I = 1'-0" 0 ALE 1 0" B730-P797 SCALE:1' SCALE:1' = I-0" 0 2" 2" ' #363258 11/15/93 08:42 Rec S340.00 BK 730 PG 001 Silvia Davis. Pitkin Cnty Clerk, Doc f.00 Doc f.00 #3b325B 11/35/93 08:42 Rey f340.00 Bk 73S PG e°3 �=a N36325B 11/IS/93 08:42 Rec $340.00 BK 730 PG 802 yylv:a Davis, Pitkin Cnty Clerk, Doc f.0 #363258 11/15/93 08:42 Rey $340.00 Bk 730 PG 804 Silvia Davis, Pitkin Cnty Clerk, Silvia Davis, Pitkin Cnty Clerk, Doi: $.00 arse CONSTRUCTION BY PEG II Exhibit D. Estimated gross water requirement (gpd) and tion mains, lines and associated facilities in accordance with aK Property, the Company Property, or Pfister's Properties, respec- �t`�5, water floe requirement for the Project for in-building the plane and specifications and the construM.ion schedule. .•'. freely, at their sole expense; provided that the City shall 5. Mains. Lines and Facilities. PEG II and/or Pfister use at Cull development, and estimated potable Water - approve all relocations in advance in writing in order Co assure will design and construct the water transmission and distribution irrigation requirements, including number of acres (not g, Faes. PEG II and/or Pfister shall be responsible to that the relocated costar mains, linen and/or appurtenant facfli- mains, associated facilities and internal distribution lines for including the golf course) to be irrigated with potable timely pay all fees imposed by the city in connection with ties will operate properly as part of the City's water system; the Project, the Company Property, and Pfister's Properties, in water; reviewing and approving this Agreement, the design drawings and - and further provided that the design, materials and construction accordance with and subject to the City's design, misers!and , construction plans, as well as construction inspection and review of such relocated facilities shall be approved by the City prior construction specifications and approval, and at PEG II's and/or Exhibit E. Fireflow provisions, including location, fees, which fees shall be charged to PEG II on the same beats as to commencement of construction. city hall not unreasonably Pfister's own expense; provided, however, that to the extent the size and description of fireflow storage to serve the they are charged to other parties similarly situated to PEG II. • withhold said approvals. If any main lines, distribution lines City desires any mains eore facilities with capacities Larger than project and the Project Property; PEG II and/or Pfister shall also be responsible for acquiring and or appurtenant facilities are relocated, the City will convey 31 necessary to meet the needs of the Project or Pfister's Proper- back to Pfister, the Company and/or PEG II the easements canted ties, the City will be responsible for the incremental cost of paying for all permits and permit fees from entities other than P- Y / 9 :T Exhibit F. Any other circumstances effecting the cost the City, such as Pitkin County and/or other regulatory agencies, pursuant to this Agreement and Pfister and/or PEG TI will convey such enlarged or additional pains fore facilities. .Incremental or typeof construction required for the water mains necessaryfor construction of the water transmission and dietri- to the City new non-exclusive as-built easements meeting the oats^ shall be defined as the difference between the total cost and ssociated facilities to be constructed pursuant to requirements set forth in paragraph 13 below for the relocated o butoon mains, lines, and associated facilities. requ of a particular facility designed and constructed solely to meet this Agreement; and am the needs of the Project end/or Pfister and the total cost of water mains and appurtenant facilities, subject to the same terms such facility as enlarged at the City's request. 10. jthe ciien of Construction. Construction moat be in- and conditions set forth in that paragraph. f� Exhibit G. ECU computation assumptions. speeted by the City's engineers or other designated personnel 6. Preconstruction Exhibits. The following exhibits I prior to burial or final installation. PEG II and/or Pfister 4 13. Easements. PEG II, the Company and/or Pfister shall concerning the Project have a prepared b PEG EI and/or (These exhibits will not be recorded with the Agreement shall give the City reasonable advance notice when the mains, obtabuilt non-at their own easements cost and cforey in perplilines,to thenketand P Ydue to their length and bulk.) lines and/or associated facilities are ready for burial or watermains, Pfister and have been reviewed and relied on by the City in .`. installation, and the City's engineer or agent shall inspect said other water facilities situated upon or crossing the Project entering into this Agreement.' ; 7. Pond Requirements. Prior to the commencement of construction, PEG II and/or Pfister shall provide payment and notice.lines and/or associated facilities within 26 hours of said Property, the Company Property, or Pfister's in Properties, along with all necessary access easements for maintenance and repair Exhibit A. A description of the water mains and relat- i performance bonds (or other financial assurances acceptable to , purposes ("easements"). The water main and water line easements ed facilities required for the Project; 1 tt^City) to the City in a form approved by the City in the 11. Testing-Conveyance. Upon completion of construction must be large enough to provide the City with at least 10 feet on A Exhibit B. A map (schematic) of the water mains and I amount of one hundred percent (100%) of the water service system and before any water is delivered pursuant to this Agreement, all either side of water mains and lines and must specify that (1) related facilities required for the Project; construction costs (less those incremental costs for enlarged or distribution and transmission mains and all associated water sewer lines must be located at least ten feet from any water main additional facilities to be borne by the City) which bonds shall lines and facilities shall be tested and, upon approval by the or line, and (2) other utilities must be located at least five insure the completion of the construction and hold the City City, conveyed (excluding individual service lines) with all feet away from any water main or line. Access easements and Exhibit C. Schedule for completion of the Project harmless for payment to the contractor or any subcontractors, necessary non-exclusive easements to the City, free and clear of I easements for tanks and other facilities shall be ofa size (' TI E HAC K water mains and associated facilities to be constructed materialmen, or others involved in the construction of the water all liens and encumbrances, excepting liens/encumbrances securing determined by the City to be reasonably necessary for the opera- purauant to this Agreement as approved by the City; - transmission and distribution mains, lines and associated fecili- financing for the Project, by deed in a form acceptable to the - tion, maintenance, and repair of the tank or other facility to be ties, or for the provision of materials therefor. This require- City Attorney. Performance and payment bonds provided by PEG II located on such easement. Each party shall be solely responsible RESIDENCE went may be satisfied by naming the City as en additional or co- and/or Pfister pursuant to paragraph 7 above shall be reduced for for any injuries or damages, including costs and attorney's fees, 'The parties acknowledge that PEG II and Pfister have not at insured with Pitkin County on such performance and payment bonds that construction successfully completed and accepted by the City to persons or property arising from its own negligent acts or on- C 1 47�TEE FiAC K the time of the execution of this Agreement prepared and submit- _ resulting - tad to City detailed design drawings for the Project eater as furnished by PEG II and or Pfister to Pitkin County as a in the same proportion to that fraction the numerator of which is issiona occurring on or from its use or occupation of condition of approval for the recordation of the final plat for the cost of the construction successfully completed and accepted any easement premises. Nothing contained herein, however, shall RD.ASPEN CO transmission and distribution mains, internal distribution line., the project. PEG II and/or Pfister shall also furnish to the by the City which is not attributable to enlarged or additional mean or result in any waiver or diminishment of any defense or storage tanks and/or other related facilities. Additionally, City, in a form approved by the City, a maintenance bond equal to meaninfacilities requested and aid for bythe City, and the denomina- limitation available to City under the Colorado Governmental systemghav cost estimates for the construction of the water 100%of the construction costs of the water transmisafen and for of which 100k of fhe water srvice sytem cconstruction , pp 81611 ions oot vet ubmn talctoaitd. Cre retains the ri ht and Immunity Act or other a licable law. _Y 9 distribution Heins, lines and associated facilities, lees those costs (less those incremental costs for enlarged r additionaldiscretion to have submitted to it for revlev all design drawings incremental costs for enlarged or additional facilities to beand cost estimates for all water lines and facilities facilities to be borne mbye the eaCity). The maintenance bond(s) The Ciiy shall reconvey to Pfister and/or PEG IS allprior to suers by the esty, ea perio the proper condition and operation ofrequired by paragraph 7 above must be in place reflecting ctual sements received by the City from Pfister and/or PEG II pursu- tha construction of the eater system. Furlhernore, and as such facilities for a period oP two years from the date of construction costs prior to the City's acceptance of any line or ' ant to the defunct water service agreement of July 9, 1990, as SD 2/V2022 are no longs[necessary to or utilized 1n the construction and DD 3/16/2022 provided in paragraph 5 of this foreament, all lines design, materials completion and acceptance of the system by the City. facility. installation of the water delivery system as described herein. HOA 2/25/2022 and system facilitiesi specifications apprs for all water l prio and cowansterrue- 8. Construction. Upon completion of the prerequisites 12. Relocation of Linea and Mains. The city agrees that (,: PERMIT 2/1/2023 must be approved by the city prior to comtruc- tion and/or installation. '• described in paragraphs 6 and 7 above, PEG II shall proceed with Phe II, the Company and/or Pfister shall be entitled re relocate due diligence to construct the water transmission and distribu- the water mains and appurtenant facilities crossing the Project ,4 5 6 7 1. 8 1 Jf f�:I '' a -�,,*1015.,u cr_.�an�- is-. .. 1,: 730-P797 5 B730-P797 6 B730-P797 B730-P797 8 B scALPr = r-o' FULL LAND 0 12" 1' 2" SCALE:1' - 1'-0" SCALE:1' - 1'-0' SCALE'.1' = 1'-0" 0 vz° r' z° - a vz•' r• r o vr• r USE APPROVAL RECEIVED LUA.55 02/02/2023 ASPEN BUILDING DEPARTMENT RED 1001 Grand Ave Suite 103 *36325B 11/15/93 08:42 Fec 4340.00 BK 730 PG 906 Glenwood Springs Silvia Davis, Pitkin Cnty Clerk. Doc 4.00 i CO 81601 e b Gab 11/15/93 08:42 Fec $340.00 OK 730 PG 806 p?S3 58 il/IS/43 ODs 43 Fec a34k'Sob 4.00 PG B07 Silvia➢avi s, Pitkin Cnty Clerk, Dec f.UO Silvia Davi 5, Pitkin Cnty C�' S3404.00 p3632=_,8 it/15/93 OBs 42 Rec Clerk 0nc 730 PG Silvia Davis, Pitkin Cnty MAINTENANCE AND REPAIRS OF LINFS ofas properly irrigate the golf course. Because potable water payment of the appropriate tap fee and any applicable mockup These documents have been 1470 14. maintenance and Repair of Water Lines. To the extent provided for in this paragraph will only be delivered and uti- - charges. Tap fees opQ atokta cfee an shall be paid at the time utilization of eater conservation devices as set forth in the spell d04 prente havrboon reasonably possible, the future maintenance and use of the lined i extraordinary and infrequent circumstances, PEG II shall of building permit issuance. Code. PEG II and Pfister also agree to prohibit all unnecessary Tieback They are not suitable(or ants as provided for and described in this Agreement by the be required to pay only a nominal tap fee (1 ECU) for the tap or unreasonable waste of rater on the property served pursuant to use on other prgects or mother easements pirrigationsystemsystem 20. Service Line Meters. s t service line shall be me- locations without rhea land City shall not interfere with any lawful use of Pfister's tyark Proper- connecting the okcar to the water tam in addition this Agreement and to make reasonable efforts to enforce such pprova ties, the Project, or the Project Property. The City acknow ( to allnormal hookup charges. Additionally, any water delivered tared in accordance with the Code at the8i6le a Ad tlonoftheardwth xpense of PEG II prohibition. The unreasonable or unnecessary waste of water P P ledges that PEG II plans to build a championship golf course on a r under this paragraph will not be debited against the ECU or acre or Pfister or their successors, as the c shall be defined as set forth in the Cod¢. Reproduct on proh btetl wthout portion of the Project and the Project Property and that land- r feet maximums set forth in paragraph 2 above. may be. approval of the arch tact souping is an important element to the operation of the golf & 21. Limitations on Provision of Niter Service. This 25. Source of Water Supply. The parties to this Agreement 2023 course. The City, therefore, shall use its best efforts!o ). 17. ECU Computation. The parties understand and agree that greement is o L for the recognisesources from theich watethe supplyr lisy forrthecity is dependend/oron A n y supply of potable eater service ae maintain and/or restore the original fly i ra of ny disturbed ( ECU 5t0 be p toov de ptovthed fo the Project PIIpertywere dot trme 5d v herein described and no expansion of uses, connections, or water v golf course areas within 30 days of any installation, construe- ECUs to be provided to the Pfister Property II were determined on services beyond those set forth herein and in the addenda and quality and beyond the reasonable control of the City. Na tion or repair of the water mains or sand ated facilities. All t'- the basis of the assumptions contained in Exhibit G attached exhibits hereto is in any way authorized by this Agreement. The liability shall attach to the City hereunder on account of any repairs (other than emergency repairs) and maintenance of lines hereto and that regardless of any subsequent amendment to the city is not by this Agreement prejudging, certifying or gueran- failure to accurately anticipate availability of eater supply or or facilities located onof the golf course shall be limited to the Code, those assumptions will be applied to determine the ECUs teeing its ability to provide potable water service to any use or because of an actual failure of water supply due to inadequate fall spring and, preferably, to times when the golf course is I allocated to a particular structure or use under this Agreement; structure other than as provided herein, nor may this Agreement run-off, poor quality, or occurrence beyond the reasonable not openor for use, and shall be undertaken in a manner to mini- provided that in no event shall the Project Property or the ex used as evidence of approval of any land u e requests, or as control of the City. , to the extent reasonably possible, disruption of the golf i Pfister Property II be entitled to the delivery of more than 185 evidence of approval of water service for anyaland use request, course. 'i acre feet or 12 acre feet, respectively, of treated water per except as provided herein. 26. R9 Guaranty of Water Duality. Quantity or Pressure. 7 year. It is the intent of the Parties hereto that the volume of I The City makes no promise or guarantee of pressure, quantity or WATER SERVICE water to be delivered to the Project Property and Pfister Proper- 22. Service Subiect to Cftv Charter, codas, Rules. Requla- quality of eater supply for any purpose, >.chiding fire suppree- ty II under the terms of this Agreement not be reduced by future tions and Policies. PEG II anfl Pfister shall be bound i soon, except as specifically provided herein or as is required by 15. mot Water• The potable water to be delivered by the FFF z amendments to the Code redefining or recalculating ECUs. all wafer servic . and I applicable federal, state and local statutes and regulations. lwpursuant e, the terms of this Agreement may be used for all ;j a onsvofed hereundereeCharter of ath be tybofct pe, and The City includingtobut not limited to in-house domestic 18. Dedication of Water Rights-Cash in Lieu. Pursuant to applicable provisions of the Charter of the City of Aspen and the state, City agrees to treat its water to meet all mandatory loyal, lawful purposes, ! the City's Water Policies, all extraterritorial extensions of anima Nuvicipal Code. PEG II and Pfister shall also be bound by, state, and federal potable water standards and to exercise uses, fire protection, swimming pools and the normal outside d 11 star service provided hereunder shall be subject to, all reasonable care and foresight in furnishing water hereunder equal irrigation of trees, lawns and gardens,.not to exceed be5,000co i( water service are to be accompanied by a dedication or transfer applicable rules, policies or regulations of the City now in in quality to that water furnished inside the City. square feet per residential unit. Allsoh water use will be consisa I of water rights from the water user to the City comparable to the effect or me may be hereafter adopted, except that to the extent tent with the City' Water Policy Resolution (Resolution No. 5 (as p water services to be delivered. Alternatively, a cash payment in 1 such rules, policies or regulations conflict with this Agreement, 27. property Riohts in Water. All water furnished under amended) (Series of 1993)) and water conservation ordinances. ! lieu of the required water right may be accepted by the City in the terms of this Agreement shall govern. _ - this Agreement is on a contractual basis for use on the Project (( its discretion. PEG II and/or Pfister own certain water rights Property or Pfister's Properties as described herein and all 16. Water Use on Golf Course. Notwithstanding the prowl- F appi•rtenant to the Project and/or Pfister Properties. The 23. Reaoonsibility for Payment of Water Rates. In no event property rights to the water to be furnished hereunder are sions of paragraph 15 above, PEG SI agrees that the golf course _ parties hereto agree that such water rights should be retained th by shall PEG II or Pfister be responsible for the payment of water reserved to the City. Such water service does not include any will irrigated with raw water only, provided, however, that in PEG II and Pfister and utilized for raw water irrigation of the I rates for the delivery of water to property other than that right to make a succession of uses of such water and upon cemple- the eventbe delivery of raw water to the golf course must be 111 golf course and other Project areas. Therefore, and in lieu of J property which they lease or to which they have title at the time tion of the primary use on the Project Property and/or Pfister's suspended due to unanticipated and/or unavoidable damage to the the dedication or transfer of said waterrights to the City, PEG of peter delivery. Properties, all dominion ever the water so leased reverts com- raw water delivery system serving the golf course, PEG II may use II and Pfister shall make a cash payment to the City in the sum ":j pletely to the City. Subject to the prohibition against waste potable water for golf course irrigation on a temporary short- of$27,000, such sum to be paid upon the execution of this 1 24. Rules Reaulatinc Water One. PEG II and Pfister and any other limitations on water use iepose.1 herein, PEG II and term emergency basis so long as: (1) the City is able to meet all Agreement. The parties agree and acknowledge that said cash 4 to adopt all provisions set forth herein as the rules and raagula- Pfister have no obligation under this Agreement to create any of its other water ch service on; (2) the at the time potable water paymente is an adequate substitutee for the water rights otherwise bons governing the use of water on the Project, the Project particular volume of return flow from the water delivered hereun- be needed for such irrigation; (2) the physical connection required to be transferred to the City for the potable water to Property and Pfister's Properties and agree that this Agreement I der. PEG II and Pfister agree to cooperate with the City in between the potable water system and the irrigation system is I be delivered by the City to the Project, the Company Property, i shall be recorded as covenants running with the land and stall be measuring and reporting return flows to the extent such measuring approved by the City; (3)ethe use of the potable water system to and Pfister Properties under the terms of this Agreement. j• as fully enforceable on the Project Property and Pfister's - and reporting is required by the Colorado State Engineer or his irrigate the golf course is only made at such time and in such Properties as if the same were situated inside the City. PEG II agents. manner as approved by the City Water Department; (4) the service 19. Tap Fee Computation. All tap fees for potable water and Pfister also agree to assist the City in every manner reason- is metered and paid for at the current and applicable billing service herein provided shall be assessed utilizing the City's ably possible to enforce City rules and regulations made to VIOLATIONS area rates; and (5) such potable water is used only for temporary prevailing applicable tap fee at the time of application for a protect purity, safety and supply of the water delivered pursuant emergency purposes in quantities no greater than needed to buildinger permit for the a provide for any structure is soabsent to this Agreement, including curtailment during times of short- 28. Enforcement. bv.$i The parties to this Agreement No water service shall be provided to any structure absent age, elimination of any potential cross-connections, and the recognize and agree that the City has the right to enforce its 9 10 11 rules, policies, .regulations, ordinances, and the terms of this 12 7 1 B730-P797 2 B730-P797 B730-P797 B7 P7 34 SCALE:1' - 1'-0" SCALE:1' = 1'-0' SCALE:1' _ ,'-0" 5�41 r." - " l' ,2" r' z^ o vz-r' z" 0 12" r „p363258 11/15/93 08:42 Rec $340.00 81:730 PG 809 0363258 11/15/93 0814i Ron 4348.00 bK 730 PG MOSilvia Davis. Pitkin Cnty Clerk, Doc 5.00 Silvia Davis, Fit kin Cnty Cl ark, Doc f.00 p363258 11/I5/93 OB:42 Rec $340.00 8K 730 PG 811 p363258 11/15/93 08:42 Fec $340.00 BK 730 PE,812 Silvia Davis, Pitkin �, , Clerk, Doc 4.00 Silvia Davis, Pitkin Cnty Clerk. Doc 4.00 Agreement by the disconnection of the supply of water provided hereunder. Additionally, in the event that PEG II, or Pfister, WATER SERVICE TO ASPEN SKIING COMPANY FACILITY The provisions of paragraphs 31 and 32, upon mined necessary by the City, and agrees that failure to commence or any user who has purchased or leased a portion of the Project, recording with the Pitkin County Recorder, shall be covenants and complete annexation proceedings as herein required shall the Project Property, or the Pfister Properties, violate the 31. Water Service to Restroom Facility. The parties ac- - rules, policies, regulations or ordinances of the City, the City P y („ P yn) running with Lot 49 and shall be as fully enforceable on said authorize the City to commence and/or complete such annexation on P knowledge that the Aspen Skiing Cod an Com an wishes to property as if said property were situated inside the City; the Company's behalf, with all costs and fees associated there- shall have all remedies available to it at law or equity, or as water service provided to a ticket office/restroom have potable with to be borne by the Company. Such annexation shall not provided in the Municipal Code of the City of Aspen. Should any facility located at the base of the Buttermilk/Tiehack ski area - f. The Company shall assist the City in every manner divest or diminish land use approvals or development rights person or entity violate the terms of this Agreement (other than on Lot 49 of the Project Property and that such service can be by non-payment of water service charges), the City, except in provided throu9 the outer transmission and dietribuiion mains to 1; reasonably possible to enforce City ordinances, rules and regula- awarded by Pitkin County Cor Lot 49 as legally vested prior to cases of emergency as determined by the City, shall give prior be constructed pursuant erto this Agreement. The City hereby lions made to protect purity, safety and supply of the water the annexation of Lot 49 to the City. written notice to the violating party specifying the grounds upon agrees to provide potable water service under the terms ffortuieto 4 delivered pursuant to paragraphs 31 and 32, including curtailment paragraph to serve said ticket office/restroom facil it a5 of water during times of shortage, elimination of any potential k. Paragraphs 31 and 32 of this Agreement shall be violh ing part bshalles a dhavel3 or ysofromon eas ceiptrof. the y P i" cross-connections, the utilization of water conservation devices, binding upon, and inure to the benefit of, the Company, its ., violating party shall then have 30 days from the receipt of said two (2) ECUs, which ECUs shall not b2 charged against the ECUsand j written notice to cure the default or violation (except in cases allocated to PEG II under paragraph 2, el to Pfister under (as prohibition in theCoda)nonatheapropertynservedapursuant to water sutcthaowritrs tenaconsent and dths City,y not bvRicD amended consentasA assigned with- ', notlbe of emergency); or in the alternative, if the default or violation paragraph 3 of this AgrethenC BCUs shall be assigned to the 31 and 32; unrunreasonablymwithheld. Notwiading ing eregoingtprovision, (' by its nature cannot be cured within said 30 days, the violator facility as provided by the Coda. paragraphsp y co y assignrightsin shall initiate action to cure said default or violation within - q, The Company agrees that all water furnished to it this Agreement, in whole but not in part, to any lenders as part said 30 days and shall act with due diligence to complete the 3y, Agreement by Aspen Skaaa Company. In consideration of o cure of said default or violation within a reasonable erica of the wafer service provided in paragraph 31 above, and by its under paragraphs 31 and 32 ce n a contractual basis only for use of i eryuofd notice tog he refinancing such the Comcollateral Aftssigr a P 9at the ticket office/restroom facility on Lot 49, that all delivery of notice to the City of any such collateral assignment,time thereafter. In all events the City shall be free from any signature on this Agreement, the Company, for itself, its guccea- liability arising out of the exercise of its rights under this so s and assigns, agrees as follows: property rights to the rater so furnished are reserved[o the such Landers and their assigns small have a right to written paragraph. rNotwithstandinq the above, in no event shall a r g City, that such water service does not include any right to make notice of default and the right, but not the obligation, to have by portionpotable rater service shall be provided puree- _ a succession of uses of such water, and, upon completion of the reasonable opportunity to cure any default of the Company. If 6, violation any user who has purchased or leased aoper of pat the Project and/or the provide Project Property or Pfister's Properties, ant to paragrapacil and this paragraph 32to unless and until the over use the ticket office/restroom facility, all dominion any such lenders or their measnt, s shall succeed to the Company's a the case may be, a basis for the termination of this , y over the water so furnished reverts completely to the City; interests under this Agreement, such lenders or their assigns awater service facilities to be constructed b PEG II and/or shall assume the burdens and obligations of the Company as of the 666 Agreement as the same relates to any other non-violating party or Pfister on the Project Property pursuant Co this Agreement have h. Subject to the proribition against Company and any date such lenders or assigns acquire title to any Property its property, nor shall said violation provide any basis for been fully constructed and accepted by the City as provided in c green g turning off or disconnecting the.supply o£water to any non- other limitations on rater use imposed herein, the Company has no covered under this Agreement. violating party or its property. this Agreement; obligation under this paragraph to create any particular volume of return flow from the water delivered hereunder, provided, GENERAL PROVISIONS f TERMINATION- b. Potable water provided pursuant to paragraph 31 however, that the company shall cooperate with the city me TI E HAC K will be used only for indoor purposes at the ticket office/rest- measuring and reporting return flows to the extent such measuring 33. Annexation. Upon the request of the City, and at its .,' 29. Termination by Agreement. Except as provided to the room facility and for no other purpose; and reporting are required by the Colorado State Engineer or hie sole discretion, PEG Ih and/oz Pfister, or their successors in RESIDENCE agents; interest, shall petition for and/or consent he the annexation of f 1 writing harem, this agreement shall only be terminated in The Company is booed by and shall comply with the the Project and Project Property and/or the Pfister Properties, 3 writing by mutual agreement and the.term of this Agreement shall provi6lonscof paragraphs 19-22, l completely, 74-38, 41, and e 1 continue until such termination. Y2 asThe Company acknowle9ges that the City has the respectively, or those portions thereof as deemed appropriate by 1 470 TIE HAC K 43-45 of this Agreement as full and if it were right!e enforce its rules, policies, regulations, ordinances, the City, to the City of Aspen at such times) as determined + 30. Termination if Illegal The exiles agree, intend and identified along with Pfister and/or PEG II in said paragraphs as 9byCity. ) RD.ASPEN CO P a party bound therebyand subject thereto; and the provisions of paragraphs 31 and hereunder,32 by d and thaton of necessarythe Such annexation(s) shall not divest or t understand that the obligations imposed by this Agreement are the supply of water provided to Company and that if diminish the land use approvals or development rights awarded by ; 1 onlysuch as are consistent with state and federal law and the the Company violates any such rules, policies, regulations, or Pitkin County for the Project or Project Property, or the Pfister 81611 d. The Company is and shall be responsible for the ordinances, the City shall have all remedies available to it at Properties, as legally vested on behalf of PEG II or Pfister, or Aspen Municipal code. The parties further agree that if any payment of all tap fees, hookup charges, and water rates for the law or equity or as provided in the Municipal Code of the City of their successors, prior to the annexation of the subject property provision of this Agreement or federal in its performance inconsis- delivery of Cit rater to the facility situated on Lot 49; ntent with the Code orstate or law, or is declared y Aspen, provided, however, that, no violation by any water user to the City. Land use approvals orndevelopment rights not vested invalid, the parties shallin good faith negotiate to modify the who owns or leases any or all of the Project Property or the in accordance to law prior to the annexation shall be subject to Agreement so as to make it consistent with the Code or state or Pfister Properties shall provide a basis for the termination of the terms, conditions and regulations of the Aspen Municipal Code SD 2/1/2022 federal law, and if, after a reasonable amount of time, their 'This structure sha11 be considered a "retail• and not a water service to the Company es provided far in paragraphs 71 and upon annexation. The failure of PEG II or Pfister or their DD 3/16/2022 negotiations are ulsuccessful, this Bement shall terminate. 32; successors in interest to commence and complete annexation ` HOA 32/16/2022 Agreement "commercial recreational" facility under Section ce/rasa) of the proceedings for their respective properties as herein required Code so long as it remains strictly a ticket office/restroom. The Company, uponPERMIT 2/1/2023 j, pa y, the request of the City, and at shall constitute a material breach of this Agreement authorizing _ the City's sole discretion, shall petition for and/or consent to the City to terminate same as it relates to the defaulting party. annexation of Lot 49 to the City of Aspen at such time as deter- Alternatively, a failure of PEG II, Pfister, or their successors 13 14 4' 15 16 a B730-P797 G - B730-P797 SALE:,' = ,,.0. 730-P797 0 v2 T r' S o 2'• g7 scOe7P797 0 1/2" z'• SCALE. = r-o SCALE:1' FULL LAND 60 = 1 0 12'. ,' USE APPROVAL RECEIVED LUA.56 02/02/2023 ASPEN BUILDING DEPARTMENT RED 1001 Grand Ave .1 . .... .:a. -.a-s. sx .:J" Lw .. • :-a. Glenwood Springs p36325H 11/15/93 08:42 Rec $340.00 BK 730 PG B17 - a363258 11/15/93 08:42 Rec 4340.00 BK 730 PG B14 CO 81GD1 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 #363259 11/15/93 OH:42 Rec f340.00 BK 7J0 PG B15 r p36325H I1/IS/93 08:42 Rec f340.00 BK 730 PG B16 Silvia Davis, Pitkin Cnty Clerk, Da e.00 Silvia Davif, Pit4':in CntY C1 ervk, Doc 4.00 Silvia Davis, Pitkin Cnty Clerk, Doc 4.00 I I 6 in interest to commence and complete annexation for their respee- These documents have been five properties se herein required shall authorize the City to d Arthur O. Pfister SOd Elizabeth H. Pfister 39. Amendments-Aasi ants. Neither this Agreement, nr _ and any sale of the Project and the Project Property or Pfister specifically prepared for 1470 commence and/or complete such annexation on their behalf, in Arthur O. Pfister the right to receive water s ice hereunder• may be amended o Properties shall be subject to this Agreement as provided herein. Tiehack.They are notsu table for which event the City shall charge, and PEG II, Pfister and/orassigned without the writteneconsent of the parties hereto. This Agreement (absent the exhibits) shall be promptly recorded useonoterprojectsorMother their successors shall pay, all costs and fees associated with P.O. BOX RE Consent to amendments shall not be unreasonably withheld so long at PEG II's cost by the City and shall constitute a covenant ocatlons without[he approval and such annexation of their respective properties. Aspen, Colorado 81612 as any proposed a endment does not substantially increase the running with the Project, the Project Property, and the Pfister participationotthearchitect. level of water service (total acre feet) or ECU limit as provided Properties as described in Addenda ^A" "B"an "C•, respee- Reproduction prohibited without 34. No Public Utility Status'. The parties agree that by for in the Agreement. The City must approve in writing any Lively, for both the burdens and benefits of each. approval of the architect. this Agreement the City does not become a public utility cos'- cal Kirk B. Nolleyeen, Esq. Andrew V. Hecht, Esq. assignment of part or all of the rights of Pfister or PEG II pelted to serve other parties similarly situated. Pfister and 730 17th Street, Suite 730 Garfield i Hecht, P.C. hereunder, and shall have the right to fully investigate any 43. Applicable Law-Venue-Attorney's Peen. This Agree- 2023 PEG iI agree that neither they nor their successors or assignees Denver, Colorado 80202 601 East Hymen Avenue assignee, and may decline to approve any assignment in its ment and the rights and obligations of the parties hereto shall shall at any time petition the Colorado Public Utilities Commies- Aspen• Colorado 81611 reasonable discretion. Any transfer of ownership or control of be interpreted and construed in accordance with the laws of the ion to acquire jurisdiction over any water rate set by the City. BEP Residence Trues PEG II which results in majority control or ownership passing to State of Colorado. Venue for all actions arising under the The parties agree that in the event the City is held to be a anyone other than James T. Pearce, Jr. (member of PEG II), or an Agreement shall be in Pitkin County. In the event of litigation, public utility by virtue of the Agreement, the Agreement shall s Andrew V. Hecht, Reg., Trustee entity not wholly owned and controlled by James T. Pearce, Jr.,terminate and be of no further force or effect. Garfield i Hecht, P.C. the court shall award the prevailing party reasonable attorneys' shall be deemed an assignment subject to this paragraph. PEG II 601 East Nyman Avenue fees, expert witnees fees, and costs incurred by such party in or Pfister may collaterally asaign its rights and interest under any action enforcing the terms of this Agreement. 35. No Waiver. Failure of a party hereto to exercise any �� Aspen, Colorado 81611 this Agreement, in whole but not in part, to any lenders as part ',' right hereunder shall not be deemed a waiver of any such right of a secured financing or refinancing by PEG II or Pfister, 44. Authorized Signetur s. By signing this Agreement the and shall not affect the right of such party to exercise at some CDP Rseidesce Trust respectively. After delivery of notice to the City of any such parties acknowledge and represent to one another that all preoe- future time said right or any other right it may have hereunder. collateral assignment, such lenders and their assigns shall have auras necessary to validly contract and execute this Agreement Andrew V. Hecht, Seq., Trustee a right to written notice of default and the right, but not the have been performed and that the persona signing for each party 36. NotioSE. All notices hereunder shall be given in Garfield i Hecht, P.C. obligation, to have a reasonable opportunity to cure any default have been duly authorized to do so. writing by mail at the following appropriate address of the 601 East Hymn Avenue by PEG II or Pfister, as the case may be. If any such lenders or party, postage prepaid: Aspen, Colorado 81611 their assigns shall succeed to PEG II or Pfister's interest under 45. Counterparts. This Agreement may be signed using City of Aspen MS Company this Agreement, such lenders or their assigns shall assume the counterpart signature pages, with the same force and effect as if - burdens and obligations of PEG II or Pfister, as the case may be, all parties signed on the same signature page. as of the data such lenders or assigns acquire title to any c/o City Manager The Aspen Skiing Company property covered under this Agreement. Any consent to a previous IN WITNESS WHEREOF, the parties hereto set their hands on 130 South Galena Street c/o General Manager assignment or amendment shall not be deemed as a consent to any the day and year above first written. Aspen, Colorado 81611 P.O. Box 1248 subsequent assignment,or amendment. Furthermore, any attempted Aspen, Colorado 81612 assignment by Pfister or PEG II, or any assignee or successor of THE CITY OF ASPEN, COLORADO cc: City Attorney - either, in violation of this paragraph shall render the Agreement A Municipal Corporation 130 South Galena Street cc: Arthur B. Ferguson, Jr., Esq. void. O Aspen, Colorado 81611 Ha11eM i Nett hhyK,/^' 600 East Main Street 40. Total Agreement. Except as otherwise provided for By: S• /,�j pEG II Aspen, Colorado 8161E herein, this Agreement, including its addenda and exhibits, Jo S. Bennett, Mayor supersedes and controls all prior written and oral agreements and Pearce Equities Group II Limited Liability Company 1 37. Force Maieuru. Mo party shell be held liable for a representations of the parties and is the total integrated ATTEST: c/o Andrew V. Hecht, Esq. failure to perform hereunder due tO wars, strikes, acts of God, agreement among the parties governing the matters as provided for .A' � I Garfield i Hecht, P.C. natural disasters, drought or other similar occurrence.outside herein. / 4C/.r:Q� 601 East Hyman Avenue of the control of the party. Aspen, Colorado 81611 41. Intero[etation. Neither the titles to this Agreement Kathryn Koch, City Clerk 38. pevsrebility. If any provision of this Agreement shall nor the recitals appearing prior to paragraph 1 of this Agreement cc: Kirk B. Holleymn, seq. be or become invalid or ame.cted then, tM remainder of the shall be used to alter the meaning of this Agreement and in the 730 17th Street, Suite 730 provisions shall not be affected thnnby end each and nvnry event of a conflict, the terms and conditions of the numbered 'j• Denver, Colorado 80202 provision shell be enforceable to the tulles!extant permitted by paragraphs shall govern. 'Tea exhibit o the Agreement being lengthy, illustrative law. } and technical in nature, the parties agree that they not be 42. Binding Agreement - Recording. This Agreement is recorded along with the Agreement. binding upon the parties hereto, their successors and assigns, 17 18 i 19 20 B730_P797 d B730 P797 D „2" B730-P797E1 3 D B730-P797 0 ,a" ,,� z�� `-F ,,:' .,4._.. ,,,r, . a ,.,.'..- ..4A6ec .T' - A,1�'slp.__+-(ice ,-.rw -:...b...:.i:•....: - s wvlw,afa.=.:..W:.[,:a,wawwti.,4me+a+'a'p,R, p363258 11/15/PtOk8n4CntYc C'ark p HK4730 PG BIB - Addendum A - p36325H Davis, 93 OB.42 Rec Clerk, 0 8K.00 PG BI7 Gilvla Devts, Silvio vis, Pitkin Cnty C1 ark, pot f.00 0363258 il/15/93 08,42 Rec $340.00 BK 730 PG B19 r SEP RESIDENCE TRUST ( Silvia Davis. Pitkin Cnty Clerk, Doc f.OU A Colorado Trust p347219 02/30/92 32x10 Rae f.00 BN 6B4 N au II Silvia Davis,Pitkin Cnty Clerk,Dee COO • APPROVED in TO FORS. ' Legal Description 1 ��( 1Y / liayw � BY•Andrew V. Hecht• Trustu .:5G32:,0 ll/13/93 O8r42 Rec,4390.00 HK 730 PG PRO Sit v,.� Dav,s, Pitkin Cnty Clerk, Doc f.00 Edward N. Caswell, Sag. ;met PAW=PACUPTLN City Attorney - o- PEARCE EQUITIES GROUP II CDP RESIDENCE TRUST A rosuss ma am MOMS nt MM.,3,10,SS NO 34,xorseae 00 WRY, 1!• LIMITED LIABILITY COMPANY A Colorado Trust •A Utah Limited Liability Cor !" FMsum IS west Or Tee 6 I.'X.,131R1.......Nlaaae0. pony salsa tees ream aiwca3sW a rOLLOp, eyi - ,ss,arLlp ad 3m.WRap31.so esR a•ra 2■tams Sir B � . /� An w V. XaCllt, Trustee MB Ion a 1/4 calm a r saln1 Mr AWm Tea ea Lag Ot w0 ttCiipe li is J efpttl,00432'�10•aI 117`2�e Pt[S'MP 11.11.011 Tab EST LSR Or lam 1eCtm•11,.. sJnT• P I, mamas a soccer M s..,ear, tseet4te11t /H1tMaC/L TIDIa M 27'41'03•t 11.11 Tail, TrmMa M 17.00'a0••4f.01 ern • ASPEN SKIING COMPANY, a Tads a s7'e3'N•II11.01 MT, • APPROVED AS TO FORM: Colorado general partnership mom a 44'33'il•a T1.11 fYir • /_ B MKDG III MKDG IV PARTNERSHIP. hnoeseA 3s1aa a 31•310546,334.00 PR++ Y: / Mesh•14.14.0T••47M PM; .yman a Colorado general ■31'04'1•••1.33 Mr, Kir , Es Hawley i Vanderwerf• P.C. partnership, General Partner ` TIEHACK • AATNUR O. PFISTER AND , =m[e N OS'fl'1r a MAI fa', ELIZABETN PFISTER By: 1ROG III ASPEN, INC., a I+'(re.N F) Delaware corporation. General 'nNIC[,37'03'0s i 34/.40.la t a 1pm alai 1NSKPLT tTatT'W mT LB. RESIDENCE Partner R 0@At0 STA.name,0.131 ‘ OQ �� I lemEs rou4.n.a dam ataas•Q-ur Eva 1311' rail.i as far a10 ar a tDmra Char O. Pfi ,( L W collar�lrtaia�t.a<Sn0.101eta,Ta Qaim aa'.1a tmsa Kaa1` 1470 TIEHACK { S RD.ASPEN CO /f //'' p y ;t BY: �^^� I • Ma N:4F,mm lam 1134MaMer,u.Mr a lases t An �� a.� !T / 4na f} Na t •y tie: Meta WLWnF e1ID alai!O[ymr 311.14 Mr MOM An • 81611 Elizth X. Pfister _.il) ,1 af1ro u Naga a1 Y a at•30POt'a t�1,la MO APPROVED AS TO FORK: ,f mmia f050tp sat melee-Ot-.mr a 10.4i'00•a 11e.71 • f AP ROVED AS RX: cam, I I -r-' ' Irma 60'01'00••511.07 Mar SD 2/1/2022 Tma S1.17 00•a 1].317Tm,r HOP 2/25/2022 CO 3/16/2022 Andrew V. Hecht, Esq. Arthur B. ?argue . Jr. q. Tma 40•a1'00•a 00.10 flal, PERMIT 2/1/2023 Garfield a Xeoht, P.C. Holland&Hart' mom 31•it'00••14.10 faT, ewes I1.36'004■304.11 ri1T, . 12 ' 7211X2 IBM 1413.20 TOM UM. 17.00'00•a 20.e1 Stile nN,a 00'07•fe•t M.it FM,21 • MOM //•71'44•I 517.34 rd't, 'MOM .01•11.317•010.14[CET - xxw.r• ._.-- __- -...- ., e w4,-,/..,..�,'1M•w:. ,wriiiwa641196 3 '7: .. ..__.'-- ._... ._. ---_ -- _ _... .. FULL LAND B730 P797 B730-P797 B730-P797 B730-P797 USE APPROVAL SCALE.'.0.91 SCALE'.1:0.91 SCALE:1.0.91 SCALE 10 91 8 RECEIVED LUA.57 02/02/2023 ASPEN BUILDING DEPARTMENT L •NB' Ace' ,dw-t.va..:.,....n..,..,_..:. r ,,.;aaes,w..,.,.>�...�. _..._�_._. --- _ _ _ _. . _ _ _, ,n .era _ ...:af.rDsa9 RED Addendum A page 3 Addendum A page 0 •s. ',seas. .... - Fi T10 PS 821 Addendum A page 2 3 3258 ll 5 3 08 92 n $340.00 6K Tip f'8 82J Svlvva Davv• fvt"vn 1"nt Doc s. 1Is219 ea a 1r1�D sec S.oO Se c•9G sae 3 Dilele Davis.Pitkin Coke Clerk. p,•"t�; s Isla oavvs tGkart Cnsy Ctxk,Dec•.00 •Oy� oc S- gJur10 2,2,1.z 20.C see 102 m:ens re aM " $ _ " " 7 --� 1001 Grand Ave tiv.eavf i,Pitkin LncY Clvk.Dee 4.00 1. _ ^0 ee i.00 ex 4se re sY .J _2.0.3.312' 11n.`Ya'>s 2,R"�sect" r10 u az2 silri:D::i::ieki7.,;a2Y n.rk,ox e.0e Addendum - Suite 103 Sw153 I OI' •5 Nt"1J[YS, Silvia Davos,Pitkin CnY.Y Clerk,DOS ;. Sipes 3 ai•1{•a •lSO.Sf MSS i./•: '.: [ma J 1ro0'4e••06.21 Met - • - - + •ntu.3.a1 ORap::a •', -... Glenwood Springs VOWS a 12•11'0••422.00 taS, 1 006 m 0215 00170:a amines"on 2.3 at0 33,Sgvs.10 Soots, Tm2s 5 3!•01n4"a 3a.07 IT. jai0 r or INS ai"3.".,r:ia.COMM rem sin,]xnp Mem fairCO 81601 lolls i 00Y1'31•a 30132 ra•f u A reran b is s001.,It or 60 0 52<rlun as 14101.E it/IS/93 08:42 Rec Clerk,$340.00 bK 7'EO PG 824 talaanne u 2 rout ra TKO rmuuIARI.,u0aibr"ar ua or mualm Silvia Davis. Pitkin Cnty Doc 4.00 I AWOL a N•40•a•i 20.45 rat 1Nx0 pID 1003a Lza:210.2 0 01 01 Oe s - COMM 153.22 tta TS 3 SAY Y0.53 pK'b ffi m 1/4 COftaCOMMA MDSa<SIDa1 3 RID 1321"51 Iafr 3 l•1 O&M 5f•1f'1 t nf.77 1001 3aw100 a IPw'31•a limas rear A i•aR 140711t3.00 rnr 'j?. 41a13A1ri 2.3120 race mar 2002 or hiss uie.ir¢roue.. 'j 73000•02'03•15••1021.51 062 fe m 0105 Or 2541am4,<e1T 00D 'mru a12 2]l.00 SiR, 101.40�iiir - These have been a5.402 awe,floes a mr. - .Sa,.,,55a, - N•la'00•a n.a4 rn: spew documentsY prepared for 1470 aebiix0 seek Me amT Me..la. 2 TIw r0w400 10 0540 100.Anil !'1. •7]'3)•f]••N0.00 rn: ., - 42'34 Io.a 2"37 rn: 1 ii•u'es•a 13a.0e rear: a64]I.10.5 2a1"s1 2m; Tiehack They are not suttablt for y n soma to ow u m um Tmenar 4rm 37•!s•x 250.00 rue: i ! R•5o••70.17 MD • locations wUSe on ier thout the or n other ' :sees a s3'n•05.3 150.Oo Ms io Ta wm x 5efpaix4,ana•ia0 1•a'ew a 54.n toll projects approval and .axe 11 i 0 � ALLOW s Ia0.aaa wee u 4. 22.41'e0•s 75.14 rsu: epr ducts n of the architect 1• :ant a•L'00••7I.10 ter S101np It 1 rota OM 7a xni.ip0 07 SAID ar<TiOx ii 60a s•4 twx il•02.00••10.i5 a•w, ♦ Reproduction i f the b tedoh awithout Ir.et. it 003m A YID 2a072m1 31 1,7 0 00'a2'10`a La'1].Is tar, 1. fr.ICi-i.are 1 i¢•xa fir ii0i u of lam someixa are A.ws,a3,10; S'N'00••SR.O{r@, approval of the architect. A i55CI W'oaCR.'Ia a rouo.l: 7547.0,•f0.37 MO, Jf'!I'30`•{.OS raT: 11'14.00•[35.52 rn, 2023 '�v1Q !l'11•00••1]1.07 2pS, 'feria 3)•17.0]•a AM ter, 500I0500 a a 002�3 na.a27 1/4 COX=or Lm S•C11Y111 MO 41•2/30r•t 15"H ran --, �i3a3 L7 00.40.2 4f.01 raft 7 52 O.34.21701.10 Sat, l0'a00••2{.if fa2r T�3 •S3'07••41.03 Strt, SID32 i a•U'a•E]7.00 rn: t7.11'0/••n.{r la2r mom 4a'31.11•a 7]"f9 rat, - / n'It•31'•113.N ra! , ` Seed Ca'woo.a 2u.11 nom 3 •7'!1'34••11l.{4 tar , PARCEL 7 13 SaNCL MM...•1I4.00 fair TOMS t a•37'S4••ml.a rut, • 14'02•a 17.05 TSai1 Tml'2 Sea 7.00 faRr If•01•0t.0 105.71 rat ima 3]•04'11'a 2.32 rarT, 1 0]•R`0t a u.00 rail n'S1'10•a 444:04 Ms _ A Parcel of Land situated in the Welt Half of Section 11 and The To slur10 rm.ma own w nos a-•u a w•10'37•a o.10 rat. Ir31 0l'2'21.0 FM. Sixth Principal Meridian, Pitkin County, Colorado. Being more fully !•41.00.1 201.11 ram. illrxa 44 Ta 514 W x05-i10161O2:trot TO 2a xi5r12 R•of'1)•a lla.3a raT, [ , 000 2 .e ,iaam 022a3ID0•o ]aOAr 1 07.11.01•a 742 37 rn, described as follows: • 9IDA.1`M 3'03'00•x ISO a Stair, aYi20 L M0m2 G�]0.00 rm.Itt 000 Or RIG ItaO•OS 50'01.3 ?400•]I.01'13••725.00 lair11. 71m13[f•s]'00••n.00 lust 44.)a resit a 3 oe 54 e4 •in..rn m a ram Or Sa•OaaaT aa7a_ BEGINNING at the Southwesterly lY Corner of said Section . 00020. 24•E4•00.2 a2.41 MI; inp s•i2v4•er a u.R reR1 1 0 Or 2.m COmAaw sun Elea.w.52 1w cwr21•,rn0 a620 ato , j Thence North 00.33'31• West 2682.78 feet alon0 the Westerly Section 51.51.10.2 07"21 MS 70 Ta rom or 3wnmap,COV2Aisa0 I SYMMS 140.30 rut 11m10 7a la0 or i 0tson To to 15r7 sync I.a01M .050.0r-ar 0a,414.1e0 o00a•3 210 oaSala! 4.ir4 Sava, On,_.5r uf.eo tar,70 u01p Seel x 01.0 1a a 1]4.]f roll ` i.0 00 grill.7umo1 is 400 or a tun ie so ROE.awns i moos a line of said Section 11: role Thence North 00'33'24' West 1671.28 feet along said Westerly Section ties 04.21^aN 30].1:rna 5 `4N.00 rrail line 1. a saws a 221e aioisa 3x 51.0111 4r sAID 1vwE1r 10 Man esmm maul 54.33 rnn now 7a lac era tmwa To 2a 0I417 anw a.a0:0/ u4.1 rsa Thence departing said Westerly line East 1072.44 feet: 202 rm.Mo t=a r010211: Oeiaplaaa 00 reel)'Es EOa ss 2vit3 555u 1 17 13'2]•1 04.31 rail uail rot mom no a14 D..cvaR 7p x 01'O4.1a•xtia rat a•rn 2e m rom or 00000,minnue/3.795.1.5, O2 u Thence South 89 37'27' East 143.84 feet: 00mea a a•Om 10ra6 Tex 5Oaa10.r410mt Or UM 5to7205 13 i2¢iu 5 tl'11'Ol•a 141.01 rat to is OUT or[W1mlIler Cairil•}50 lul, vOAt Thence North 15•44'41' East 14.84 feet: 005 x]a'!1'a)•a']041.l1 fair _ 1 1.197 lrr0a.11O01 OA sus. manse North 00.41.18. West 906.56 feet: 000 4 11.17.15•s 110.00 raj, - I Thence South 56•29'33' East 72.54 feet: :imua 2 ss•a•oa••110.i1 no, - ) Thence South 00•41'18- East 874.45 feet: twos a TT•n•!a•r 005.00 rmr - LI Thence South 15•44'41' West 7.02 feet: Toro 1 02.a7'op 1157.a0 rear Thence South 00.41'18' East 80.98 feet: _,__ 7u?c5 ru,a3e.oe ricer, I - • I Thence South 89.37.27' East 1030.15 feet: rl • Thence North 00•41'18' West 75.02 feet; Thence South 69•37'27' East 106.21 feet: Thence South 1403.11 feet; RS 0,,,.„ ,• �,,.,' Thence North 87'00'00' East 256.69 feet: " - t..- _ ..:.i Thence South 00•07'55' East 288.61 feet: -- u,,. Thence North 89'31'44' West 297.34 feet: ` Thanes South 06'17.26' west 380.64 feet: ' Thence South 43'46'26' West 253.29 feet: Thence South 02.14'04• west 496.46 feet: 9 feet: •l 1 }pr :7 Thence South 14•00'40' West 536.21 feet: J _ 1 - � - - - "1 -'4` continued B730-P797 B730-P797 B730-P797 B730-P797 SCALE:1' = 1'-0" SCALE:1' = 1'-0" SCALE:1' = 1'-0" 3 4 0 1/2" 1" 2" 0 1/2" 1" 2" 0 1/2" 1" 2" SCALE:1' = 1'-0" 0 112" I" 2" '`!YF :J51^.•tawaw... -_...a....r..__ _ .t'i ".... .l ... - �,..� • p2.:lLeila._OM .rY....eF 1797 A8 113'.p taia.EY t tiaa9a6F Addendum 8 page.2 • - 1. s363258 11/15/93 08:42 Rec 1340.00 BK 730 PG 827 H336771:55/23/91 15:_b I.ec S. J'1_-' PG 306 I Addendum H page 3 Salvia Davis, Pitkin Cnty Clerk, Doc 4.00 _ /yy//y� S1_ hum " e363258 11/15/93 08.42 Rec $340.00 HK 730 /'rJ-(`�i�gE '1y�/ PG 62S a363258 il/IS/93 08:42 Rec$34U.O0 EX T30 PG 826 tWJ ��°r l� Silvia Davis, Pitkin Cnty Clerk, Doc $.00 *• - Addendum C J RESOLUTION OF THE DOARD OY COUNTY COMMISSIONERS i +I, Silvia Davis, Pitkin Cnty Clerk, Doc a"00 i j; - 41�C '�'tOn•a COLORADO, GRANTING APPROVAL `.,. `••aJ OF PITAIN COUNTY, Thence South'02'16'09' East 422.00 feet: Neat Buttermilk Pfister' S9 • South:-i•13'20' East 98.32 fait: is or DETAILED eVDMIeSION FOA 8::::::::::::AIP ENVIRONMENTALiIThence South 33'01'14 West 281.07 feet: South 07'25'35' West 249,8a feat: ` Tracts 1 thz0n19h 6, Lwlluivs, blast MgttsaTtill:Tllatwt]4'1�0EThence South 00.14'S1" E89t 201.92 feet: South 16•01.35" Ne6t 215'.76 feet: 'j according to the Plat recorded May 31, lest, in Plat Nook la at 13A2ARD AEVIEN, SCENIC YORECAIEW, PLANNED UNIT Thence North 89'4B•51' West 294.43 feet LO the North31e8terly Corner of - South 00'12'30' East 674.08 feet: pegs 4s of toss r000rde of the COSTA alto Ba0older of Pitkinji RE30NZNG, PROVAL FOR I DEVELOPMENT, South 03.41S0' Nast 178.08 feet: I County, Colorado. LOTaut.sarsa LINE ADJUSTMENT NW1/4 NWI/4 of said Section 14; i;,. South OS'36'10' neat 311.97 feet: And Thence South OS'09'00' East 3323.91 feet: `;. t Thence NOTih 89•44'S6" West 1297,75 feet: South 18'39'13' Eaat 174.61 feet Co the point of LermL2xla RELOCATION OF THE AENO RADIO TOXER, i Thence North 02'01'16' West 1321.33 feet to the Point of Beginning; ej{ from which point the said Northwest Corner of Section 1 bears WITH THE ARV YAOPERTY, GENERAL AND DETAILED BUeMIeSION 0kl North 12• 32'05'East 306.70 feet and North 23•SB'27' West 3064.58 A TRACT OF LAND BITOATED Ill 880T10a 11 OF SAID T01DtlEIP AWD IWIOi EXCEPTING TXEREF151 fit' BEING MORE LOLLY DESCRIBED Al FOLLOWS: TO THE"GRAND AMENDMENT"PORTION OF THE APPLICATION AND P - TRACT 3 INENCEIEt AT7'A POINT 186.0E THE UOR'1'MDJE6T CORNER OF SAID SECTION AMENDMENT TO THE BUTTERMILK BEI AREA MASTER PLAN TRACT 1" A parcel of Land in Section 11, Township 10 South. Range 85 West of the I 18EA1a W 23'Ss•17•W 3064.56 71010 FOR THE YPIBTER RANCH/DOLE ISYYLICATION •A Tract of iced situated in the West One Half of Section.II. Township Sixth Principal Meridian, Pitkin County, Colorado,being wore fully TRRIC=B 77'27'SS'R 110.00 FIST, Resolution No. 91-f(( 10, South, Range 85 west of the Sixth Principal Meridian, Pitkin described as follows: . THENCE W 11'31'06'E 190.00 TEST/ THENCE 8 77'27.53.E 135.00 MT: s363258 11/15/93 08.42 Rec $340.00 Er: 730 PG 828 County, Colorado, said Tract being moreparticularly described as - BEGINNING.at a point whence the-West Quarter Corner of said Section 11 THENCE 8 25'57'30"E 1s7.4,3 FEET; Silvia Davis. pitkin Cnty Clerk, Doc s.00 follows: bears North 60'42.34' West 1661.25 feet: TH1110E VAST 110.00 FEETt COMMENCING for reference at the.Northwest Corner of said Section 11 Thence South 08•12.27' East 134.68 feet: Maroon Creek Development Corp., hereinafter Thence North 55'19.02' East 60.00 feet: THENCE sOt1TE 345.00 FEET7 WHEREAS, Efromast which the southwesta Corner of Section ed bears South there Thence South 88'12.27' East 4G.20 feet: THRICE WEST 236.00 PUT; 'Applicant", has applied to the Hoard of County Commissioners of East a from feet with all bearings South contained herein relative thereto, • Thence South 01'00'00' West 96.00 feet: THRICE N Of'S9'46•W 230.56 THETt approval of TIEHACK Thence true said Northwest Corner being e3b et N' East ter Corner8 feet Thence South 23•17'54' East 539.98 feet: THEW2�ll 77'27•55'W 260.00 FEET;to the true described Tract;i5g. the most Northwesterly of _ Thence North 90'00'00' East 73.83 feet: - TIERCE s 12'32.05.U 135.00 FEET: Pitkin County, Colorado, hereinafter "Board" for e the herein detheibed Tract: - Thence North 06.00.31. East 500.08 feet: THENCE a 77'27,55°V 250.00 PENT/ RESIDENCE Detailed Submission of 1041 Environmental Hazard Review, Scenic • Thence alone the bauhdery ofChe.Nar6tn described Tract the following Thence North 05•41'54' East 66.45 feet to the True Point of Beginning.(4)calls:. - TIERCE a 12'11'OS'E 150.00 FEET 1O TBE POLR 01 MIigIWWIMQ, ' CONTAINIRO 5.040=Nes, MORE OR Lila; Foreground overlay Review, subdivision. Planned unit Development, 1 470 TIEHACK South 77'27.55'East250.00 feet: - - South 12.32.OS'west 250.00.feec: - I TRa(i 4 All located in Pitkin County, Colorado. Rezoning, Special Review Approval for Relocation of the KSNo Radio RD.ASPEN CO North 77°27'SS' East 250.00:feet: A parcel of Land in the NE1/4 5W1/4 of Section 11. Township 10 South. ± 81611 Tower, General and Detailed Submission to the "Gran.! Amendment" North 12'32'05• East 250.00 feet to the True Point of Beginning. Range 85 Wet of the Sixth Principal-Mer idtan, Pitkin County.Colorado, portion of the application and Amendment to the Buttermilk ski Area LR9SS t • i described as follows: . `'�, a Master Plan pursuant to the appropriate sections of the Land Use A Thirty(30)Foot wide Tract of Land situated in the West One-Half of i BEGINNING at the Northwest Corner of the SW1/4 of said Sectionilage1 11 as - SD 2/1/2022 Section 11. Touaahio 10 South, Range 85 West of the Sixth Principal Thenceshoun by Survey recorded Nay 18,1951, Ditch Book 2A at Papa 146: East alor2g the North line of acid Sul/4 a distance of 314 feet: Cade; and DD W16/2022 ' /2022 meridian. Pitkin County,Colorado, and tine sn rperparticular distance edof Thence on an enple to the right 61'23' •distance of 228"2 feet: the total property (the "Project site") is (15)Feet on either side of the centerline more particularly described tt 1 Thence on an angle to the left with 5'said a lists nee of ed line feet: WHEREAS, PERMIT 2/1/2023 t as.follows: ncludin xin tely gIT3-dres7t32"1Te Thence on an angle to the left 20•54• a distance of 259.25 feet to the True Point of Beginning; - approximately(?Skies, i g aggro i COMMENCING for reference at the Northwest Corner of said Section 11 and Thence en an or easement to the Applicant,zoned AF-1,AF- 1 considering the west line of said Section 11 to bear South 00'33'59• angle to the with said last described extending - :::::::::::::::lease East with all bearings contained herein relative thereto, 18'15' ao den angle of 173.9 feet;I Thence South 50'20'4be East 1622.99 feet to the True Point Of"Beginning Thenc n an gle to the right 88'22' a distance of 188 feet: jetof the herein described center!file: Thence o an angle to the right BB'25' a distance of 169.5feet: KI. The Pro t Hite is located north and west of -) both sides of Highway 82, and includes portions of Thence on n angle• eg the right 90•2B• a distance of 197.0 feet to �_ Thence along said centerline the following(7)calls: she True POI n2 of Beginning. p COUNTY OF PITKIN. continued STATE OF COLORADO _ -3-1 B730-P797 730-P797 0 FULL LAND B730-P797 r a vz SCALE:1' = 7-0' 6 0 1/z'. ,, B„ sc0e:r = r-o' SCALE., _ n USE APPROVAL J B730 P797 }`{l 0 1/2' ,�� 0 1/2" 1. 2. RECEIVED LUA.58 02/02/2023 ASPEN BUILDING DEPARTMENT .................a.:..wxm..,... .. .... ,. ..... ,m,,,,a aa.-;-.r Yw'd ba""'u4uJA t. n aaf . , , Addendum D page 2 Addendum D page 3• Addendum page 4 page 5 Ad D a e R N 336]2� '/ 3/91 15:2G Rec S. EI: .l FD 307 - !1 I ��j2H 09/23/91 35:26 Roc s 0, k 657 FG 308 N336, }. 9/ ../91 15.26 Re s 0 E„.%157 G 309 AddendumD a Silvia Davis Pitkin CntY Clerk, Dud t.0u Si1,la Davis, Pitkin Cnty Clerk Doc s.00 P,tlnn cntY Clert., Doc 4.00 1 D1 Ave e. • 511 v,a Davis, 1 M3 67�t09/3/91 15.26 R t.UO BI'^<157 FH 310 I. DV N"G3��8 It/1 9 (e:R:her 4J4C (0 E4 730 PG 829 Si 58 I1/15/93 08:42 her lerk, u Ek.730 PG 831 Silvia Davis, Pitkin Cnty Clerk, Doc f.OU Resolution No. 91-i/1. Silvia D vie. Fitk:n time tiler,:, Doc s.)O N: -256 :1/ -'y _.3:4`her 434 1 rr'. 73p F'G B30 - ''''II �. .Butte Grand Reso lotion No. 91-Si. Si,via Davis. Pitkin Cntr Clerk, Doc 4.uu (- A¢solutlon No. 91- Salvia Da.i Pitkin t. v Clerk.. J 4.00 k3G 3258 11/15/91 08:42 Rex f340.00 Ek 730 PG 832 Glenwood Springs Page 2 r' 1 ''1111 Page 3 Page tr Resolution Ho. 91-11L 103 the Buttermilk Ski area (Tiehack), more specifically shown on Pa 4 Silvia Davis, Pitkin Cnty Clerk, Doc t.00 CO 81G01 obtaining a GMQS allotment for 4,000 additional 1) Infrastructure improvements sfor all of the above ( )Peg¢5 a ! square ( is of the Yrmj t, d^.lineated in the i score • 3n GMQS Exhibit"A", vicinity map attached; and Feet • ly, to the conditions' of athroval outlined below. components the Applicant shall receive the son j. Finally, as more fully set forth 1n this Resolution, Application. WHEREAS, PP 1 WHEREAS, the existing zoning and acreages are outlined in Applicant has received a GMQS replacement Credit for 12 acres owned by the • c 2. Rezoning approximately a- competition in future sera for benefits and amanitiae and other O (Aspen Country Inn) lodge Units. of a oXlma eely 60.5 atom 2,R-15 and °p y Exhibit"D", attached; and A licant from AF-1, AP-2 (PUD) d AF-SRI, (e) The permanent commitment of significant lands for 30. The remaining approximately 308.5 acres of land shall retain a natters as it scored in the 1988, 1989 end 1990 applications; and Thesedocuments havebeen WHEREA6,the Applicant has submitted the application described open space (a portion of which is in the form of a golf existing Zoning, except 30.5 acres to be Zoned Tourist,d of such specfcally prepared for 14]0 course) and for preservation of the scenic foreground as 5 is to be Zoned Permanent Moderate be zing, "PFUI", an 9p WHEREAS,the Applicant has previously received GMQS allotments i Tieback.Th y not su table for above (the"Application") requesting approval for the following: delineated in the application, in accordance with the remaining lands, approximately f72.5 acres snail be used as a golf a us o r t is for14her • Pitkin County State Highway 82 Corridor Master Plan. It course (sea Exhibit"D" PUD Plans, Sheet 1 of 55). a fellows: oc t' th tun approval and 1. A residential and golf coot se development project (the is the commitment of the applicant that the PUD shall 1 for the entire " p rt'p t f[he arch tact never De further subdivided. • 3. Detailed Submission 9 POD p %location for the 5 Residential: I R p d f proh b'ted w[houl "Project"). a a commercial �l1 approval of the architect. _ Project3. subject only m obtainin entire (a) Additions to the existing Brand Champions Cub, (e) atedrStage d and ments to Highway 62 and the remaining residential units and 4,000 square feet of 3998- 24 Units 20oh including an 18 hole championship golf course with relocated Stage Road and Tiehack Road to provide safer space not previously granted GMQS allocation; and 1gg9- 17 Units lion) driving range, maintenance facilities, and clubhouse ) automobile circulation in the area. • - e. 1909- 24 Units (Park Meadows B%nnP additions; 4. setbacks and lot width variations for multi-and single- 1990- 10 Units 23 with the Hulk • development of (4'imouth ebench,t aff17J10-t amllpr (g) Construction of a total of 40 affordable housing `) family free Iwrket end PMH nt 1991rt es in a he etc es witExhh t`a "C". Foi a total of 75 Total GMQS allocations to date ;b) ThePunits including 39 multi-family rental housing volts nd and Azee chart dated June 13, a a units, including 5 on the south bench, 5 on the north 1 single-family sale unit. The 39 multi-family units ,( bench,and one(Lot 16)directly opposite the Tiehack Ski snail be located together in the PMN zoned area on the 5. Attached hereto an Exhibit ape and made a part of the Lift, and the development of O7"free-market squarMefon north side of Highway 82 es shown on the PUD detailed appliest ion fie the Detailed Submission PUS Plan 1991,e August 70, Camceiciali The maximum square footage for the f11ootage homes on the north ' sheets dated 5eptenber 27, 1990, revised July 26, 7,500 2 yard golf eouree • yp cubmis5lon Dlat. The proposal lncludea 13 one (1) 1991. i 1988- aquara foal:OlYbhouse endetnrtar area and south benches and Lot 16 shall be 10,000 square feet $I. i bedroom units, 17 two (2) bedrooms vnita, and 13 three _i t2,900a and colt storage area for each home. The maximum square£ootaga homes n) i (3) bedroom unite all located in the northwest Corner of ((( , 00 aquara foot clubhouse ont Lots home-12, 19-31, 40 and 46-48 shall ab for6, the00 square the Project Site;and on the south side of Highway 62 one WHEREAS, the Planning and Zoning Commission reviewed the gg ) g,o00 square Loot aommeroen endstnuxanl,tea feet. -The maximum square footage for the homes on the "for sale"unit of 1,510 aquara feet, four (4) bedrooms ''}1, retail'oot*a'g strut restaurant, remaining lots (Lots 32 through feet shall be 5,500 square • and 2-1/2 bathe. The lot size shall be a minimum oY Application at Ste regularly scheduled meetings and spacial fine 1990- _sails6,80 square foot a1Yb)rese ermatmuee (Aspen feet. The townhouse units shall be, at the Applicant's I .6,ice squarefet. The unit 6ha11 be sold pursuantes ! • Country InnexamtEon) . option, up to 14g,o00 ovate in total, with no the Housing Authority guidelines at a Category/1 sales i meetingsandrecommendeddenialto the Board of CountyIl individual townhouse unit to exceed eted square feet. q price baseG on 1,100 square feet. The "for sale• unit Commission did, hovsver, 26,100 Total equate feel ion) allocation to date I. is to satisfy the Housing Authority requirement to Commissioners. The Planning end Zoning ct E (c) Applicant has successfully competed for allocation mitigate the displacement caused by the demoll'_ion of the under the County Residential Growth Management Quota Mathis unit. The ADP%scant shall have first choice to farvazd suggested conditions if the Board felt the proje Faaae Roomer System ("GMQS") for the years 1989, 1989, and 1990 and rent any of the housing units io employees a eociated has received GMQS allocations for 51 free market units with the Project ae long as such employees quality under ! # warranted an approval; and 1990- 12 ledge tea SB(Amp.fl Csust a h amenpttotal�[ and as more fully set forth in this Resolution a GMQS the County Housing Authority guidelines. Twelve (12)areto ce60 square feat ne a replacement credit for 24 (i.e.,Park Meadows)additional i the two bedroom units within the multi-family complex WHEREAS, after review by the Planning and 2on1n9 Commission, 4 residential units. to mitigate the displacement of the employees now living ' ! in the Park Meadows. the Board ravieved thisApplication at duly noticed public hnarings mow, TEERETORB, BE IT RESOLVED by the Board that it does (d) Applicant has received a 1988 commercial feetMQS f I ) 'Ma 15, and June 11, 1991, at which tic.:s evidence and ) approval for the golf course and 10,900 square oh The Buttermilk Master Plan shall be amended to allow on April B, Y ? ) grant approval of the Application for Detailed submission commercial building and 6,000 square feet of GMQS j moapproved u der this resolution including _ replacement credit (for the restaurant oe Tiehack). jj • itAXTitgifffiakirding ski facilities to include a relocated Ego testimony were presented with respect to this Application and I hereby Further, as more fully set forth in this Resolution, the ocated parking to include no less than 121Applicant has r ceived a GMQS commercial replacement and eliminate the restaurant at the base I having approved at that tine procedurally the is Apew liof the n and , for Subdivision, 1041 Environmental Hazard Reviav, scan ecredit for 9,200 square feet (Aspen Country Inn). A .3 No further amendments to the Buttermilk total of 30,100 square feet of commercial space is to be Raster Plan shall be allowed until such tine ski lift Amendment", General and Detailed Submission as part of this revise Foreground Overlay Review, Planned Unit Development, Rezoning, added to the existing Club subject only to Applicant ) capacity is addressed. i 1)1' p Special Review approval for Relocation of the ESNO Radio Tower,Lot Y process; and• Line Adjustment with the Alcohol Rehabilitation Unit property • ) p t Ii. T B 730-P797 SCALE.f 7 2 730—P797 h 4 B730-P790 B730SCALE P797 0 1/2" 1' 0 1/2" 1' B SCALE:1' = 1'-0" 0 12" I" 2 3 G - • / Addendum D page 6 Silvia Davis,/91 k.15.26 tyc S.00 2K c51•00 311 •" Addendum D page 7 9■■{ dd )� d@ndNm $g@ w Silvia av,s, Pitkin CntY C1 ark, Doc t.GO • - ',/91 15:"'6 t•ec 4.yn DK 6_.+)F'G 312 ■ -6 I:ec 4.00 D� 37 F'G 313 A P n.,P44 ( 1 ,13ab-2B'- - - Doc f.QU ■ 11336 l 7 9/2 /91 f fits fig'n`�.�Fo-�fR( (di b IYut 4 4 RI a�,a((i q Ad n & endum D age 8 I Sslv,a Dava , Pi Ck,+Cnty CI er4:, - R Si lv,a Davis, FStV:,n CntY Clerk, Dcc 4./'J v a laN,s, F(tl In tray('(R 1 Ong 4 U1, .Resolution No. 91- N363258 11/1 /93 U6:42 Rec 434 .0 Do Kt7m PG 833 K Silvia Davis, Fi tkin Cnty Clerk, - 4341.0v 5k 730 PG B34 N-63 -8 11/1'/9 -5:4 S - 4341 N!. 730 F'G 833 Page 6 N:36325g it/15/93 18:42 '� ,.1 er4.. Doc S.C"= ee'' NYG k 11 1 U1 N..r t Ati,ti hl 7'qs Ff; q al pursuant to Section 4- Resolution No. 91-111- s ivia Dav:a• Pi cl:lc Cory Resolution No. 91-� ail v.a Davis, Fvtkin Cnty Clerk, Dec f.�� .R@leTNti e11 No, al`�i4,- ,,,,,,a III+'.lw, k.1 ti In `Iiy I.1 wY 6, G�" V,.,I? • (i.e., subdivision exemption approval ( Fa9e 7 Page 0 'page w j a fmiFi£Am ofniZTi ring ar a small name t>me„usB intact or aisassembl¢a and moves to another location on on OP Final Plat, Ne! of Tha Tiehack parkleg lot ny 2.2(a)(2) for the lot line adjustment); and General and Detailed 3 The Tiehack • par T_to-the to th c^fOY• i or off the Pfister Ranch property. • Tile pNnlie @Ilell nw In A YlaCel`P Tie daytime meats. The `l with • respect to the "Grand Amendment" portion of the spaces and shall be dpe tat re A@diPatten of 'fiellAsk ROAR is IO R)1!P1106 tO aR lie 1,, Submission Plan only Additional modifications to the Buttermilk Master - 10• . The Applicant shall comply with 404 approval for Buttermilk Ski Area Master , plan a shown on th the etas lsion u teethe ButtermLlk tho Tiehook arking lot to reach penile lande and trail% iher w and amendment to the B s wed by the county without wetlands disturbance from the Army Corp oP Engineers as tear Wllich tpotiiolio May h560 @adlRln$R, Ne Parking l0 Application approved. No additio r outlined in the Army Corp letter with conditions dated • V@1110%wa by Them rs A@ w11! NATTe anal%be)106'i to an ho t for land use Raster Plan shall be • olio and the transit and • March 19, 1991 and attached here as Exhibit E". p together with all variations and other requests adequate review of lift capacity g whole• • ovohack Read, obi right OR tit ementlio to part ear@ of parking needs of Buttermilk Mountain as ,I nectiol with the pproval, the BOCC agrees and the Tiehack(Rae lot shall to %Tatted by the nano,of approvals requested LOT the Application subject to the following - hall be rezoned to A- 11. In con patting spas@@ evoi1Ai1@ to the pgbilw (no lean than ht! A01 I a xoval of employee makes the following findings: apaewa anal% be ovallAnt® et all ttm@@)• Monte Conditions: 4. The single-family Homer view oandsapproval T cant to a. ra;erVad to Applicant to ingrsAeh upon, over 0r under 15 and R-30nits owing n individual basi6 Pu s The Applicant is leasing or acquiring 19.3 acres of antye dedieAted rights"Wf"Nay for ski ditto, algna0g@ or a[eaker u on a ( the adjacent Pfeifer Parcel. The remainder of the le irritation etr4gitooM, aid@wplke, trAi%a1 OUT lee, p 4 !!!!!!7::::::::1:171i 3-e.13. Ting build logs Pfeifer parcel,other than 19.3 a s e, is currently nrTdg@A or tNN11!}@I or for Other pupae** s®na458119 d(4,. I. General Coaditione of Approval: • a demolition of the xis comply i improved with one residential dwelling unit and may replacement credit for the 5. stos is found in any licant shall only be further developed upon.compliance with r Nith this Approve% if the pRA00t. A%1 aignag@ on 1. GMQS exemptions for p I re to ba demolished, the App ;� TtaAeck ROPd ones# ha lnetA%lad ny the APp}loam}}11be granted as follows: _) section 5-510 and all other applicable requirements ieo%Ndtng Rtgeage by the QINRCy, TIT@ 4`ONnty QIQaa nOC� }of Tha Aspen County Inn, obermeyar aid AsPan country 1 he Colorado state Emissions stamlardsfor of the Pitkin County Land Use Code. isinglt-fa2isy glitaha s asoeppt aRy od @h OARca lbineta @e A@ tl thehAek pled er (`limited tun two gas log fireplaces th!Tt@Hash bAae Perking ar@A, The Qaenty Ally nit lava-- the 2 single family homes ome)meayebereplleced plicant shall be ed in the General Submission• b. The Applicant is obtaining 245.4 acres of the 249.6Tile Ptghk is lRpAPA Ar ohARQ! TTlhRgk ROAR Country Znn single-Lemily ly eewl subdivided 6' as represent to appealt° acre Pfister Parcel. The remaining 4.4 acre parcelepepifteetlon!withcet AThRRAThlnt of 4n® $QR appr®VA%@• „'on Bite, each M one of the y oars ilding allowed, However, is urrently improved i h one furthesidentialpdwed%upon NAintlnee@!of W hQlItlA ICOd9 Aoad (frlm)Il�hway as e.lots at their currently a%fisting sq plicant shall be Tthe e a plan which unit and may only th! 50500 lof f Nlth Pita ing 4 ((r Roed AeA ttokfootage; ean Air Boarality i pa is to the area. compliance with section 5-510 Land use all other _ ) NRdlr$Aa®c®ee!°tlr foram Ttehalk Read 6®r!%q®ateA tit teat of commercial s less air 4v applicable requirements of the ROAR shall is performed p0reuent to an A9@0@a9NN b@tWle5 TIE HAC K square f ontact the Environmental Health However, in accordance with BOCC Resolution 89-al. to to oseett05 th!rite,*Re Roo esoA. s C waste rock either arcel (the 245.5 or the 4.4 the Wilmot And wile county prior 4o immure of approximately 9,2009 used cant shall rat-waste, the owner of P �t perm% -- pp7,. The Applicant space from the Aspen.square Inn as proposed - the excavation phase RESIDENCE Applicant. No change in use Departcent for comment mould min¢ its is acres) may utilize the square heotage of the throe a as the commercial sous - • D,sposal of such materials offs proposed the.App11 as roposad or mine dumps be encountered during residential dwelling units (a total of 5,015 square lq, No 1NRkher aendiviaien of the Ago shall be allowed p .of the project. of which ve heavy feet) currently located on the 250 acre application e; Rk®apt to 099850wtoe with the sondQmtetNTht00tb99 of 809 o£ the commercial souere footage P s is ParticulaxlY pares 1470 TIEHACK discouraged dusasant in thessoilitYThi 1 to hullo not more Toros iaential a%@Thaeta of the prs;lest eenjest to optateieg any in the application shall be alloyed without an metals being p dwelling units totaling 5,015 square feet, if the c1 amendment to the PUD) a lacement7is reendred epprovele pullout to the Pitkin Osenty Land 14 ASPEN COK • pertinent to fill material on the site which hoe bean existing units are demolished. Such F.P loll ,1 Wee Ode.-- Inn to the Grand transported from the Little Nell ski slope. • subject to compliance with applicable zoning, /44 81611 12 replacement lodge units may be transferred unit shall exceed I,aoO Prom the Aspen Country m shall not exceed - individcul multi-family hazard review, and other t credit the Land if, Re Tile winter, trweerial'lift,^whisk They be oonetruoteA Champions Club. Each.too g, No cumulative floor area for all Lreet Use Code. The ditionemtot credit of r5,015 square et Applioaet'a photo%O9Fhet'161 ahait b@ Availahle to 1 square feet and the is in the project shall n feet is an addition to any other residential the pen%io At no them, bet pillerwiaa eenjlOt to eeflty ;'=�y 58o square feet for a total of 6,96o square market multi-family LIncl Flo r a calculations for ) feet. /AIr density described or approved in this resolution. And operational, rod** 0f any rage%at0ry Ag@nay, if e exceed 148,00o square fad arkii,g• I lift to not eleRtr , h an wioo aohJoo'anmeaoa ty ;) sub-sndef0F11„•,a Because n CMOS allocations these i!nfor hose units^shall ba uid r9r° m c. This approval of the Pfister Ranch/Golf application liftateg�Tnote;0000tl"Mted. .`pkOViA/d-fal+,nopola.aktl0f Any additional development approved as a result of this Prom floor area 50 2/1/2022 review shall be required to receive !iggt!ggANI:NI1 a kii%3 not be shall be vested in the Applicant upon the signing and peA@Ptriaea. DD 3n5/2022 on of underground p z o£this Resolution and shall run with the land. HOA 2I25/2022 (i•e., the Applicant is required to obtain a GMQS -the squat feet units shall p5RmlT vvz023 allocation for 5 of the single family homes aid 4,000 e es. sghefloor area tallowedehallabe Ta, A11 ettlittla eha}1 ha p1a0@d wethle doonlwAye And mtioa) aquara feat of comercial specs)• ures. rsaAwayR settee 0wh@rwiP@ ap@P,lft@A oe the Nti%it @Aat the ties of 12. The Club use is approved pursuant to conditions found in• the regulations in effect Resolution Ho'e, 79-26 and 83-90, and said use nay be motor plan aehmtttad with the detailed enholoot911, 2. Density: The overall residential onee771e Shall )be and calculated by 1 expanded and modified pursuant to this approval. free market units (43 single-family, final plat approval. 14. $orttQll; Nf Tha golf 094595 aria may be mewl by the lion of the barn on the south aid¢ oa j 13. The public dedication of Tiehack Road, the underpass Olio At no charge in the wtet@r Aa part et Tha nordie 39 employee PMH rental units plus single-family PMH be move �PAii system, ®$lsifio tress %eoatiene aha%% na employee sale unit. g. The historic pot I connector from Tiehack Road to Ski Ores Stage Road and the project shall not be demolished. it may , ` relocated Stage Road and the public right to use surface apprOVld A1111NA%ly ny t)ld APPiicOet, TPai%a Mi%% AVs A / parking at the base of Tieback Ski Area shall be shown green;, tow;And other Aoh made featerla et ohatoolla, q�pI • j r, 1;+ ) B730—P797 FULL LAND B7 SLALE IP7 7 6730SCALE 1P79-p. B730-P797 0 1/2- Ater = r-o USE APPROVAL 0 12�1•' 2�� p I/2�, ,,� 2, 0 1/2, ,,, 2. G C RECEIVED LUA.59 02/02/2023 ASPEN BUILDING DEPARTMENT _ RED .,...,..c ..: r"..i,,,.., w< ,. t.' •`'Mt- w.._,e.!":�. " -i 4r.A •ax.,nla".r endue., '.,s,m.ya t� " .411C. .._:tan;.. •.. t...ti, ..+,.,.,"..*.' l $p w, _ " e_ c.., r.aa<,ur': ^ u.` .,.:m�.' j �� (' Addendum D page 10 �� - !'�' Addendum D page 11 ! ^) p g 12 ndum p g 13 1Ave t 1 U:7170 D a¢ 001 Grand Av'' N._bT28- I/^3/ql 15:26 Rec i..D GI!657PG31S113 6 28' ;)/21/91 15.26 rtec 0..D0 GY �7 PG alb q}_G,_li�n9/23/91 15:26 Rac 0..OU H1; -y PG 3lT n Adds D a Suite 103 Silvia Davis, Pitkin Cntr Clerk, Doc f.D/i Silvia U•avis, Evil.•.n Cnty Cler e:, Doc f.Uu a336i� Dq/2]/91 15:26 Rec f 0 EI.SST F'G JtBI1' suyia Da,rie Piuun yeti warm, Dar 4.00 su�ia•liavis, Piunn cniv olio., Gbc s.Do ¢ Glenwood Springs Resolution No. 91-.r. ////'' tt.b .iN 11/15/93 -8 42 Rec $ 4t BI:7J0 F'G 83B MIlvia avis. qz kin CnRec lerk,u D BJ9 C�81G�1 Pa a 30 tl36325E 11/15/9l JB 4'a:.e s34' OU BIS 730 FG 837 Resolution Np• 91-(LL Silvia Uvi s. F:<ein C+ty C1 k. Upc 4.)u Resolution No. 91-,[�j y9 Silvia Davis, Fitt,in Lnty L1ark, Doc f.00 ? Page 11 Sf iv:a nevi s. Pitl.in C' i:lark, tl363258 lf/15/93 u8:42 kac e:i40.Cr' BK 730 F'U B40 Page 12 Resolution No. 91-,[� Silvia Davis, Pitvin i:nty Clerk. Doc 4.9U 8 4. Reference in mane to the lands conveyed to the County in any watercourse Pa n 17 18. All new trails along highway 82 shall take the expansion that certain Dead recorded in Book 7]]at Page 897 which 7. Nf theldevelopmentfshallebesallowed to occurs s a result g the employee housing complex shall be dieconti moat and of the highway into consideration when developing the is a y: shall, of they, cur ant err pedestrian trail. The �I of the development• as a van employe may be on an lex°on call" basis for the free specific trail alignment and design. County: shall by'epeelal"'matranty'pdeed Tconvey A'said { market ,lands-.to-Applicant a'free and clear of any liens or the units. These documents have been 19. A11 buildings on the property requiring water and sewer encumbrances in exchange fore relocated AABC pedestrian I 4. The Applicant shall construct and deliver a public bus specfcauy prepared for 1470 all beindividual with central water and sewer trail approved trail specifications. ( stop shelter along each side of Highway 82 at the time 10. Prior to final plat approval the Applicant shall submit Tiehesedocumerfthavebelefor Service 6h providedtrail which masts County appr ( construction he the Stage is responsible Road underpass he eon other Isor iablefo alloserviwed No individual or private systems Shall be It is the responsibility of the Applicant to relocate ! ions a temporary erosion control plan which is acceptable to s projec allowed within the PUD. and construct such a trail. completed. The Applicant is res Sble for 100i of the the Environmental Health Department and the Engineering useonoter uojectsprMothed coat of construction of the shelters. The Applicant ! - shall design such shelters based upon recommendations Department. This plan shall specifically deal pp vthoutth archlI b with participation pat on of the arch tact 20. The sprinkler system for the golf course shall be erosion concerns of the construction o the golf ReproducfooNhea hoed.ou supplied by a meter sou a providd for in Applicant's 5. A ld A ailjuxthant for ti0fl l ahol"'8e"iiabilitatio° 1. from the Roaring Fork Transit Agency. and major regrading he the Tiehack area. A specific agreement With the City Cot Aspen dales July 9, 1990. Unit facility 15 approved provided that: k onn cost entreat for the erosion control plan shell be The domestic water needs of the development shall be 5. Nordic Trail connections hall be constructed and the outlined and secured as part of the SIR. 2023 The Alcohol Rehabilitation[ion lot plat shah nt Applicant between the City golf urse an supplied pursuant to an agreement with the City of Aspen a amended to reflect the lot line adjustment Government Trail via the existing trail along Maroon dated July 9, 1990. approval. Creek to the extent they are within project boundaries. 11. The Applicant shall vegetate in a cordance with the approved landscaping plan all areas Cthat are disturbed 21. The Applicant excel not allow the es of poisons far Overpasses, underpasses or other on-grade solutions by new construction and removal of any existing rodent control except u royal of the Count via an b. The approval o the Pfister ilitationf nitr lott lic shall be provided where practical to cross the roads one after a certificate f p ion alp F including the Alcohol Rehabilitation Unit lot line within the development. residence within year improvements. This amendment to the PVD, amend or limit, in any occupancy is received for any • adjustment, will not alter,[ all of the uses, cupancy shall be node f part of the SIR. manner whatsoever, any o 6. If determined necessary by the County and upon the 22. For all buildings within the PUD, building height shall exemptions and terms currently applicable to the County's written request therefor, the Applicant shall 12. The Applicant shall t required to provide n 6ubdiv ieion be measured pursuant to the Land Use Code provisions in property of Alcohol Rehabilitation Unit under grant easements for and construct a trail easement along Improvement Agreement which includes an acceptable / effect at the time of issuance of a building permit with the south side of Highway 82, along their property phasing schedule (including but not limited le the exception as noted in Exhibit"C", the Bulk and Area alteResoration, a hall] antta continue to limitation whatsoever hats a erC to boundaries. construction Chart, Note 72. samenafceA or limitation whetao o landscaping, (incl of public infrastructure and alteration, amenities.) The Applicant shall acquire approval from to the propertyof the Alcohol Rehabilitation Unit. 7• .When the existing AABC trail ie relocated and the aBOCCmenities.) .) order to substantially amend the schedule. 27. All representations of the Applicant shall become constructed by the Applicant, it shall be upgraded to This would occur at a public hearing as hedo all conditions of approval. 6. Prior ie signature of final plat, the Applicant shall accommodate current trail standards adopted by theI County end In preen at the time of development. amendments to a YUD• Staff approveiinsubstantial verify that there a an agreement in piece with the amendments to the schedule. The i ins bstantial II. Prior he Final Plat Approval by the BOCC the Applicant small Aspen Consolidated Sanitation District. for all improvements shall maybe tied to specific adequately aple m the fCountyn 8. Commencing after use of the existing Tieback parking schedule. cress is no longer available, the Applicant (or 1. The Applicant shall submit an fav he relocation of III. In the to the Poll Improvement Agreement the Applicant shall Homeowners Association) shall cause he ba provided van 17. The Applicant shall provide all necessary trail acceptable to the County Attorney. The relocation of commit to the following: Homeowners froms the Association) of Tiehack ski area!o Rubey Park easements through the development in order to make that er tower is approved by the CountyPlans subject to on race days and other maximum traffic days. The porn access to the Government trail viable from the rest aril furrier approval of the Detailed Plana and 1. Prior to Final plat or excavation permit for the seforvice van ser base shall be submitted annually to the of Maroon Creek. The year-round trail easement along Specifications to final by the Pitkin County Airport Manager and project,m the Applicant shall submit a SIR, including t planning Office on October 1 for approval. Maroon creek Government (ditch trail) and access from the Tiehack FAA cost estimate for infrastructure and public parking lots shall link to the Government trail. iecurtyents. a this kite, the County Attorneyttot shall submit Maroon tree, the Applicant shall agree to a final tystal Health ublic security acceptable to the ad Band 9. Until such time as the Highway B2 pedestrian underpass 2. Prior to final plat approval, a.and adjacent 9 \ described in Condition hwa below iss constructed, Furthermore of the Government trial green to whiche is pie free marketl be townhouses by the Environmental Health insuring the construction of the infrastructure andApplicant shall cause an internal va a vice to be acceptable to the USF6 and provides a Connection to the Department for the goo!course and adjacent areas. public improvements, and/or reclamation of the provided to residents of the employee noosing complex. exising trail the Iselin Park.id a schedule Subdivision Itruction of Agreement shall include a sbondung for construction of improvements end By "internal van service," the parties mean within the I. The free townhouses will be owner-occupied at and associated bonding requirements. - I Project to the Tiehack parking lot and RFTA bus stop on 14. The Applicant shall provide SOk (with S70D,000 as a cap) long term rentals for a yearmini, andn of six months with two ` the south side of State Highway 82, and from residencesof the cost of construction of a pedestrian bridge shorter tenancies each year, e4tlmd"restriation„•togll ensure to the Club. A plan for van service adequate to met rots Maroon Creek. The Applicant pedalo provide bridge this effect shall be provided prior to final plat and 2• ton e SIA nsure wat r retention. [The specific rock linediq ea is d i the needs of the residents of the employee housing easement on their property and the community by shall be an reabrdad with final plat. to ensure water retention, such as rock lined areas andcomplex) shall be submitted annually to the Planning easementbo for acquiring the easement on the Moore floatable traps, shall be addressed in the 6IA. Office for approval done October 1. When the construction (east) side of the creek. The total financial ) of the pedestrian underpass is completed, van service to commitment to construction of the bridge shall be in ' place within three years of the final approval of the I . k:.wva*a...vawv.a,nwwu .aw.<wmxx+nmerwmm„uwm.,.,�,,... 77 .r. . 0 12^ r Br7' P7 7 B730 P79 SCALE 1' = 0' SCALE1 D2 8730 P797 B730-P797 3 o 4 a 1 222 f Addendum D page 14 Addendum D page 15 Addendum D page 16 �* /_,Addendum D page 17 .336728 -'Y /91 1 :26 tel COO OIC b...r)PG 319 !I z6 8l( /2J/91 t5:<^6 Fec i.(Ci BI 1 7 F'G 320 8336720 1 M1/23/91 15:26 Rec i.OU EI,t ' Silvia Davin, Ditiin Cnty Merl:, Doc $.00 - 6i ivva L..vi s, Fi thin Cnty Clerk, Doc S.riU - PG 721 sSly Silvia Davis, Pi thin Cnty Clerk, D i.DO 8336r28 ��11/91 15:26 Rec i 0( DK 65 'G J22 tl363258 11/11/93 08:42 key i345.0)Br 730 PG 841 ''//// Pi thin Cnty Clerk, s-X Resolution No. 91-� Silvia Davis, Fitkin Cr ty ,.lark, Doc 4.(') Resolution No. 91-1C[_ K l3^`.e 11/1" 93 enq'�key Clerk. D Hi 7J0 PG 842 tt363256 ll/lb/93 08.42 Rec $340.00 BK 730 PG 843 Silvia Davis. Page 14 'Pa 15 '+1 via Uavi,, Fit i pity L1 erL Dec i.OJ RetolutSOn No. 91-r,r Fit lain r_nts, Clerk, Doc s,00 53 bv?aB Davis,/93 06:4�Rec f340•UO kSY. 730 PG 844 9m Silvia Davit. ot %.Uu Page 16 Resolution No. 91- Fitkin Cnty ClLl mrk, iX• PUD. If construction of the bridge has not Commenced development will be allowed on slopes a 40 wher Tan with 'Page 17 within three (3) years from final approval, the together with all management • and operation costa re eases Applicant shall make a d for donation tose the trails the exception of Lots gr12aded and 17 pursuthrouant hxg0 where any app30%roved atherewith. extinguish of cord said ants and other Board for the purchase of trolls slopes shall be graded out pursuant to the approved associated County Open Space - detailed submission grading plan a a agreements: within the county in fair satisfaction of its k L0. The Applicant shall provide, s part of the SI A, • obligations hereunder. 6. Grading and harming along the Highway 82 rr Sdor on the commitment to a water quality monitoring program, which Book 343 at Page 120 oath side shall screen major .hews 82 the Clubhouse, , $ will address the chemical treatment s well as Book 408 at Page B74 15. The Applicant shall construct a pedestrian underpass to tpwnhomes and employee housing units, yet allow landscaping features of the project. a An ongoing gook 408 at Page 881 accommodate complex pedestrians to the vicinity f the employee asional open views of the golf course from Highway monitoring schedule hall be established t. and run with Book 408 at Page 874 housing complex and to serve as a trail link between the ', occ Boardhe i the land via the subdivision covenants, edd initial cost Book 408 at Page 881 Owl Creek bike path and the AA BC bike path. To completeI ;! d82.elaysubj ects to tructiony reb�eW b7ylpplicant soreasonable during construction and first 5 years f d initial shall• Book 408 at Page 459 885 this lank and depending upon the exacteasements location Of the kI con gg1 de established as pant the Subdivision Improvement shall Book 531 at Page 213 underpass, the county may have to obtain pass ants from modifications to the grading plan may be agreed to by (wh Yt owners. This underpass m6hali be ) Applicant and the Board whereupon the grading plan shall Agreement. adjacent property o I be modified to Boardaccomplishen screening and plan view j 3. The following is an inventory of the existing land use constructed at be time as the highway is widened objectives. v. Prior to Isaumos oL Building Permit: ( approval resolutions for the creed champions, which the o is projected within the next five years).H The 'p F a shall, except as provided herein, continue Applicant shall nothe responsible for 100% of the cost of -$ 1• Prior to issuance of building permit for any 'I resolutions effect together with all additional square footage the underpass. If,pin ntts, the underpass built at 7. Provided the Pomegranate east condominiums, by a riting underground parking structure, involving underground _I and uses approved in this Resolution. the expense of another agency such as the Highway sufficient for such purposes, agrees, on wbefore perking or maintenance areas, a registard ventilation Department, the Applicant shall transfer the financial re opting of final plat, ge abandon its existing right engineer shall approve the design to insure that harmful Book tie at Page 96 commitment to the cost of the Maroon Creek bridge. This ton acres highway ne as granted in De¢d of Easement levels of pollutants are not generated inside or vented Resolution No. 79-26, commitment the projected cost of the underpass recorded 3n Book 708 at Page ape Applicant will, at 1t outside of the structure. Resolution No. 87-90, Book 950 et Page 95D shall be outlined in the 6IA. expense, at the time of the Construction oP the new iq Tiehack Road, pave any unpaved portions of that 2. The Applicant shall submit a fugitive dust plan to be 4. Reference is made to the lands conveyed to the County in j • Pomegranate a semen[area, pave any unpaved portions of approved by the Environmental Health Department prior to that certain Deed recorded in Book 333 at Page 897 which IV. Covenants: the existing sparking area and provide an alternative ., l is a portion of the current AASC pedestrian trail. The e Applicant commits to require that all residential es �' ) / issuance of an excavation or building permit for all count shall, by special warranty dead, convey said ep s en Highway 82 west of the existing access at a ', portions of the project. landsy to MCDC free. and clegr of any liens oz 1.• The ppspecific location to be approved by the State Ilighvay >k destrian buildings incorporate the following water conservation encumbrances meets exchange for a relocated specifications.p TIE HAC K devices in their designs: toilets (tank-type flusho- Department and County Engineering. Nhen the alternative 7. The Applicant shall obtain approval from the County trail which meets County approved trail gallons;meteon per flush-shower gallons; urinals program,per including-1.0 access is completed, the existing Pomegranate access to Engineer for a constnction/landscape license on the ched low flow 1.5 heads. Highway 82 shall be abandoned. Should the Pomegranate It is the responsibility of the Applicant to relocate RESIDENCE East Condominiums not timely agree to abandon its right i portion of Stage Road affected by the.proposal. and construct such trail. 2. approved rovedongoing water quality monitoring 1d no the rotting o pery rm access, Applicant shall have - 9I• Im eonneotioa with the approval, the BOCC agrees and makes 5. This approval of the Pfister Ranch/Golf application a schedule, shall via submitted by the Applicant and no obligation to perform any of this condition and { the following findings[ d byEnvironbemental Health Department and shall Pomegranate parking and access to Highway 82 for the _ shall be vested in the Applicant ch/Golfupon signing of 1 470 TIEHACK • approve ,( pomegranate East Condominiums will remain unchanged. ot n RD.ASPEN CO awn with the land via the subdivision covenants. 1. The following land use approvals,which era inconsistent this and shall run with the lend. Na party, 8. If, in the opinion of the 6tat¢ Highwa De rtmnnt or a+ with the approvals et forth in this Resolution, shall € assignments Resolutionof sa all Applicant ( r any of Applicant'srec'eivinigxan 81 P 1 ]. Commencing after use of the existing Tiehack parking y pa struction be deemed vacated and terminated: hereundere and the County (or the public by and through real is no longer available, the Applicant (or the county 6heriff's Department, any co jl shall be a beneficiary of this Resolution. Homeowners Association) Shall cause to be provided van results in any unsafe traffic conditions an Highway 82, Resolution No. 81-28, Book 408 aC Page 685 the County), service from the base of Tieback ski area to Rubey Park or at current Stage Road intersection, Applicant will Resolution No. 81-126, Book 418 at Page 771 implement appropriate traffic Control measures such as +i Resolution No. 87-72, Book 647 at Page 837 6. Na palates to this specificcredit development coprmpetition in on race days and other maximum traffic days. The plan Applicant shell receive in GMQS ramie he for this van nervosa shall be submitted annually to the signs, flagmen, or the like to mitigate such conditions Resolution No. e7-104, Book 453 at Page 360_ PP menaties as scored in the SD 16202M/2022 • Planning Office on October 1 for approval. to the satisfaction of the BOCC. ;t (only with respect to the interest of future years for benefits and a DD 3n s12022 '^ Applicant in the Pallne Foundation PUD) • 1988, lea and 1990 appr ications. HOA 2125/2022 4. No doge shall be allowed in the employee housing 9. As part of the employee housing complex on the north Fine Plat for Aspen Racquet Club Subdivision, PERMIT 2i1f2023 complex, and any dogs on the property shall be leashed • side of Highway em and if an agreement satisfactory to Book 11 at Page 55 7. No excavation, demolition and/or grading permits shall ) or kenneled. I. Applicant and the County can be consummated by November a be allowed until such time there is an adequate legal 1, 1991, Applicant will construct up to ten (10) 2, The following easements a other agreements of record be financial agreement with the city of Aspen for additional units;provided that the county phyla, during shall be terminated and the chairman(or in his absence, water supply, as approved by the County attorney. 5. The Plat and/or final PUD will include a note to the -„ \ the course o£the design and construction, pay all costs vice chairman) of the BOCC is authorized to enter into permits for the project effect that in approved building envelopes, no ) (hard and soft) associated with such additional unitsshall be allowed until such time an adequate water such agreements as shall be necessary to terminate and 8. No issuance of any building pe supply is in place. ..,I vM'v ,;Lit,. .: -. �w."...�--. >__. _ .e., ._�-- 5G 12�r SCALE6 G - _ FULL LAND B730-P797 - B730-P797 D „2" B730.P797 B730-P797 Q FULL ELLLAND „2 U RECEIVED LUA.60 02/02/2023 ASPEN BUILDING DEPARTMENT • Addendum D page 19 � page 21 RA11111C1'A p g -u 27 91 12 BG 6aa1[tD Vr Pltkin Cnty Clark, Addendum D page 20 . '1�p (�� 'f�'t/ p� ,-}f� / a ' P.C. V ICINI 1 f IU1?•\I- . m Silvia D if oc $.00 - _ R E D PUG 111C041 �- (j 1 bS7 P8 373 Addendum D a. r28 09/23 Rec •f.04 2 i i m i 3 $ DI f1{T Addendum D page 18 $OU_ 2000 m.ni m rr,a m ro+'�• c c 3 c 3 (fl t(,�., 113J6 2s 1 ;?3/9l I5:24 Roc 5.00 b 6 ,�G 323 ((- J it m e�mrra 3 3 H 3..3 3 3 3 yy 001 m O • "Silvia 0391s,Firkin Cory Clerk,Doc 4.U0 { Y•- 4363258 11/15/93 08:42 Rec$340.00 BK•F70 PG M7 i m$}R T a a 5 ;,Z 1R 71 y 1001 Grand Ave U 1000 QUUU - Silvia Davis, Pitk:n Cnty Clerk: Doc $.00 1 g a�i n X s $S. K_C v D D 0 0 9 m /� .s:_'' S. '*= . }�� 1 j m 9%@ 2 e�o P a oSuite 103 Resolution No.91-u(. 1 IJ lt- \�;,,_,,dY.` 1 1 �` '� .� ;�i i1 "u `° g -:m Glenwood Springs Page 18 - s • �( (': 3 3 pQ u m < p363258 11/15/93 08142 Den 4340.00 bK 730 PG 845 1 y t,� K .t.. .0,t _ A. t m D g$g'ram. P.tkin Corr cla,-1,Dec o, t �F pDk` k 1. Ac.'Lf 1�F�. {, 11�` ..a E( a , v v " $ v D K .m u CO 81601 sil�ia ua�.a regular m TI•Ir-�- or--:("i0I1 `" i•�,fi � ,t li( _ TaoG 1 ../a m aa','oa g o _ 'o m o ,� '.m .,r ~m 'eating on 3nne 11, 1 ] l� I " - 008809ED by the soars at its raga .11 i iy /,� 1 it` {4` O .AP-1 n 1 w P.'�u' Q Z J C B\g �' N AF-LPUD fi3.g F a�' 3 0 - 1991. + .11 1 '.i - . % I `/8, if.' \ t``ll.I:{I l." AL i 3_o rvsv tO 3 N3D " Z T ,in N HOARD OP COUNTY COI1N29fiIONER. )11,,1{{I h 1 `� '^M 2' 'n O4 DIOXIN COUNTY,COLORADO ! ''.‘"Al{ (() ' *le at1e ��• R 299,1 • f a-.5!' ,Y� 17 1`+ • { 6 'y'� ' D These documents have been t t`tt r a E,� 3 .,$i 1l (� II •!t .)'7f i t , �1a1 ll j .1 x C € 3 3 a q 3 �1 - T C specificallyprepared for 14f PP 1l 3 70 • ay ( - i 9 J. \ , ' •r. B a s m y$ ; ~W $ Tieh k.Theyp I of suitable for True,visa-Chairman S•', (` ,oPR "� (V\\ 3 m s' a R • other t or in other eta S:' .. Zoliin, 1 i I 4 @ 1 0 TaRR 3 d N Ey locationsm approval and ATTEST/ -! :yO DrmeV ,lr _ .W• �I!p 1. 'F` ''•I n Ap'.4Q _ g _°�a 4 F�'• itect Reprod• uction prohibited ion of the without \ \_ Cif iVkfir %e - f ( { a x ARZPUD Y _ o"3 5 9. 1,,,., O, approval• v`{%ham,�ll •/F 1 •1 yt 10.1a 1 3 q�oIX - ' g or ma area to<t _ I oS &aft.3 . --,.--/ r' IY.`'' ° P'g _ _aePutY Count'Clerk (i 1!1 ` S�{ - •4 1 V aptly O�AiQOA ) oL, I _::: _ 1t/l• N ° ATFROY D A6 TO FORK , y 1 11 II f• .!,/ ,� . •ltsxgax / :`�1(` 1}�� \• .e. _ n- _ Timnby Litt, W / AsPon ♦ Rod'Rool.4 ) o g stun y A may PI inq Dixe�<ax ( ) •l) C 3 q I I� 4 �dd�III e••• Ten ns . �nR !! 8 O ,-. )ti 7.:, "Tennis Club: 1 m boccreso.pfieterdnew Il L en la �I��rllll�t� ( S11blj'ivisbn `-l•)• ,i.D I a - �'� I - ii11` `r Cj tJ l.I.eIIi` l , `? a °'6 g c,!`�l� 4'1 1V4i i 1 G i `I1'dk,11` 1 TIP ,I 60.0 ��Se IRAs a Flbll e " g {i // q {I k[ .y.�� `e ark and Mkldle`" \c- ! a gYZ .1 1 // ,i;" Schools / • .• 4. . �. ,) L g,a m iIIA 1 ; A°t 1-, AY }�1 ,, ` ro�' gga'c - I .-. 1 F' y--. i y7r ii'{ ri n ,i, To Maroon Bells 26 '- r11336726 09/23/Rl 15:26 Rec f.00 QI:657 PG 324 �8336720 09/2J/91 13:26 Rec f.00 D1:657 FG 3 911 i Davis Pt tkln CntY Clerk, Dec f.00 , ! - - ,,. i k f .•...,...a.+•m•.w,aw•.,�w..«w.xcns.wxw8 i D l Pf tli,C ty L , 1 ,* .ua..ww:._.n,aa�v..ae,rt>':n":�::�wv,v.s'S.m'Rx2 +se-I .:.v....... .....«..,:.::.. ..rmw.w.:2.... ...... .... \ / .' , 1 0 2 2 ALE 1 B730-P797B730-P797 7 730-P797 SCALE:,. _ ,'-0" SCALE.,' - 1'-0' / L/ 0 1/2" 7" 2" ( 0 1/2" 1" 2" SCALE'.1' = 1,-0' 0 1/2" 1' 2" Addendum D page 23 /„ Addendum D page 24 Addendum D page 22 ,r iy ' ` e336729 O,,'',/ryry. /9l l5:39 Rec f.00 BK 67i.��)'!i 7B5 033672 )9/23/91 15,39 Sec $.00 B� 57 PS 386 8331,'29 09/23/91 15:39 Rae f 0{ K 657 PS 3B4 • Bilvla Oa9ve Pitkln C:Clerk+ Doc a: fill L Davis, Pltkin Cnty Clark, OOc f.00 • / . . Silvia Davis: Pitkln Cnty Clerk, Doc 4.00 AMENDMENT TO RESOLUTION NO. 91- ResOlntlon NO. 91-/ 4363258 11/15/93 08:42 Rec $340.00 BK 730 PO 830 Resolution No. 9i-,LL #36325B lt/15/93 08:42 Rec $340.00 BK 730 F.S 851 e363258 11/15/93 08:42 Rac f340.00 BK FRO PG�' '�'P ! Page 2 Silvia Davis, Pitkln Cnty Clark, Doc f.00 h Page 3 Silvia Davis, Pltkin CntyClrk, Doc f.00 Silvis Davis, Pltkin Cnty Clerk, Doc f.00 OF TEE BOARD OF COUNTY COMMISSIONERS a iA ' on Lot 12 shall be 10,000 square feet (instead of 6,000 for submission of building plane found in Section S- O m "yj 510.8(a) of the Pltkin CountyLand Use Code. ' OF PITKIN COUNTY, COLORADO, ORANTINO APPROVAL ✓\ square feet, as previously approved). Y n Y YF B. TheApplicant shall be allowed to utilize B. Based on the above finding, all GMQS t OF DETAILED BUSCENIC F FOR SUBDIVISION, REVI ENVIRONMENTAL N allocations ieuelor hereafter received fo 0th square feet of the 148,000 si square feet approved ends y by Applicant BAZARO REVISED, SCENIC FOREGROUND OVERLAY REVIEW. PLANNED UNIT "W for the townhouse structures on single family lots 4, 6- shall be extended to, coincide and run with the approved i 11, 19-31, 40, 46-48 and 32-39. Accordingly, any home pasi phasing/construction schedule for the Pfister Ranch/Golf DEVELOPMENT, REZONING, SPECIAL REVIEW APPROVAL FOR j.m approved for a maximum of 6,000 square feet may be development. increased to a maximum of 6,500 square feet in accordance llc use Housing. ' RELOCATION OF THE KENO RADIO TOWER, LOT LINE ADJUSTMENT i N with the provisions hereof and any home approved for a q, ni,p g. maximum of 5,500 square feet may be increased to a WITH TEE ARU PROPERTY, GENERAL AND DETAILED 6UBMI88ION n maximum of 6,000 square feet in accordance with the A. The Board hereby confirms its previous finding r that in determiningemployee generation number.,a credit p fit.. provisions hereof. be granted to Aplicant for the existing commercial TO THE"CRAW AMStlDMP.NT"PORTION OF THE APPLICATION AND r o structures on the project site that ere being replaced. o C. No one single family garage shall utilize more Based o this AMENDMENT TO THE BUTTERMILK SKI AREA RASTER PLAN o than 500 square feet of the 16,000 total square feet. previous Landing, the requirement in the q Resolution that the Applicant provide 40 employee ° Larger garages may be constructed utilizing any of the (1.e., 39 rental and one sale unit) be unchanged. units FOR THE PFISTER RANCH/GOLF APPLICATION MF t., remaining square footage. Resolution No. 91-20 A , D. No detached garages shall be allowed on lots s. dlnendment to PUD Plan. 4, 6-11, 19-31, 40, 46-48 and 32-39. These lots shall A. Attached hereto es Exhibit "A" in a modified 1 contain attached garages. Sheet No. 1 captioned"First Amendment to PClater Ranch/ / WHEREAS,on June 11, 1991, the Board of County Commissioners, E. The Applicant shall propose a method in the Golf POD", dated September 3, 1991, which evidences the •f ) Subdivision Improvements Agreement for tracking the amendment.to the Resolution described in paragraphs lA hereinafter"Board", granted approval of Resolution No. 91-/I/ . square footage additions and reductions noted in B. and 114 above. above. This tracking method shall be approved by the APPROVED by the Board at a special meeting on August 7, 1991. WHEREAS, at a duly noticed public hearing on August 7, 1991, Planning Office at Final Plat. 1 t the Board did consider and approveBOARD OF COMMCOMWIBBIONERB I I certain amendments to the t• yhapeari g at P tion Schedule. That portion of the { .3 a OF.PITAIR COUNTY, COLORADO j;' Resolution appearing at Page 12 in Paragraph 12 relative to the Resolution relative to square footage for structures on certain phasing and construction schedule is amended an follows: single family lots, phasing of the construction schedule, GMQS A. The Board hereby approves the phasing and By Tru e,Via hairman t I allocations andemployee housin construction scheduled dated July o,e 1991 attached 5 TS Y to sep4...1v.- 14/1441 TIEHACK g• hereto, which reflects a total buildout of the project NOW, THEREFORE, BE IT RESOLVED by the Board that it does no later than 2DD1. ,. RESIDENCE B. The Board hereby approves the interim te Jo hereby grant approval of the following amendments to Resolution No. lendscaping plan dated September 27, tem°as revised July Deputy esaetmanet Coup cl.rk - 1 470 TIEHACK 91-N/ 26, 1991. APPROV D AB TO TO PI: APPROVED AB TO CONTENT: RD.ASPEN CO C. Financial assurances shall be provided via the t81611 1. aware Faotat Page Space. That portion of Resolution square Subdivision Improvements Agreement for both the interim ( / �j' `/9/ ' No. 91-� appearing ed page 2, Paragraph (a relative n square and the Pinar landscape plan. `/� /F, • footage of the approved free-market single family and tovnRomes is • Time tsitt, Mar amended as follows: 7. GMOS Allocations. Coum y t racy pia log Di ter I I A. The square footage of the home on Lot 4 shall A. The Board hereby finds that the approved boccreao.pfieteraa nd SD 2/1/2022 he 6,000 square Peat (instead of 10,000 square feet,home ) previously approved). The square footage for the home phasing/construction schedule for the Pfister Ranch/Golf imit DD / /2022 s:l development supersedes the two(2)year time period limit PER 2/25/20222/ {ill a PERMIT 2/1/2023 1'; -. dwx+vaPw:eYrnr+ewkm , .... s,roabMfia.Wrw+k" •+',,•.a.••� .•.•.,•k .•roe .. 1 / - �-+•' s.�t4 yakrpwWnYAfm,,au'+aa+�4iaaw:eW .�a''+"w..m'a B730-P797 B730-P7976B730-P797 B730-P797 5ALE ,a BALL, SCALE:1' - 1'-0" 0 1/2" 1" 2" SCALE.1' - 1'-0" 0 2' FULL LAND USE APPROVAL RECEIVED LUA.61 02/02/2023 ASPEN BUILDING DEPARTMENT • s RED Wa<..v Fs.'tt3ardsnr_. sraro. .I-- '°^5'• s.::.•@ :•<o. . xA£.s" . -_.<`S..G'Y`ca ..r.,-, _ _ _ � �.. N3632 Exhibit B 58 3115/93 UB:42 Rec 4340.00 BK N363258 11/IS/93 Oe:42 Rec f340.00 6K 700 p8 896 Silvia Davis, Pitkin Cnt `�PB 83a 1001 Grand Ave N363258 11/15/93 08:42 Rec $340.00 BK pe 853 f - L�^� ` 1 Silvia Davis, Pitkin Cnty Clerk, Doc$.00 Y Clerk, Doc 8.00 Silvia Davis, Pitkin Cnty Clerk, Doc 4.00 1 `.l \'-� a MAROON CREEK RANCH r fi.�• �� s WATER SYSTEM ' I Suite Sp Exhibit C Glenwood Springs w� im .ee r: \� `rt ° w�e� Page z CO 81801 Exhibit A - smi f(. - Exhibit C - NMDDN LTi86R CI.O@ LE. ENC. �� , i JITTER DIOTAIBUTION CYBTEN 1 ` ' ' t•t = g DESCRIPTION AND CORBTROCTiO A DESCRIPTION OF THE WATER MAINS AND RELATED FACILITIES RE UIRED EXISTING WATERLINE ^e � '1 \ , MAROON DISTREEKIBUTION CLUB H Q ` � }�' � . WATER DI8TR280TION CONSTRUCTION FOR THE PROJECT a M. \ i DESCRIPTION AND CONSTRUCTION PEA SING @CHEDUI,E ...^PROPOSED WATERLINE O WATER FACILITIES p�o,n S� p ..1-.`�yiA i`' (1f, `(,- specifically prepared for 1470 "'1\ \�� \�3 PHASING SCHEDULE 199{CONSTRUCTION BCHEDOLE (COatrd) These documents have been L spec y ore no ll I R , , `4 ? Tiehack They are not suitable for Service Area '�- �` , Sr f f - / (t ��� 1' i 1993 CONBTAUCTION SCHEDULE usees other protects v n other Maroon Creek ?: i: lotiout d\Ilk /19 Dtan oai hw _ • obeprotluct on ptg d hwypaid by PEG ZI. The Cit ma arenothited uitabl btheg yelect to in-I csisns of the Project whiche existing Maroon Creek Club (f/k/a Ark ) r00'am `{\\ 1 / � ; will include a 24" butterfly valve at both shall allons, inwhich case the CityGrand Champions Club) and proposed employee housing and town- 74 ` p Pay all incremental coats attributable I ?- 1,...,,.' 5 ends of the relocated section of line. to said increase in size. I I houses. Other properties currently serviced in this lower �" �ti4 \1.`__. I �,h 1h';:� approxi-pressure zone include the Pomegranate Condominiums and the 1 y� `O\ ry _y j 7/26 - 9/15/93 A new 8"waterline will be installs°along the 6/30 - 8/25/94Thia phaseinvolvaeconatructionof Aspen Country Inn. /, ���\. `��y�\ new Tiehack Road ba innin at the � � �a�\\ 9 9 Prs¢¢u[e eIDately 2r0LO[ 12^ veta[llnafrom the3Ili '. � I reducing valve vault to be constructed at tRe zieting line at En le 1 I The upper pressure zone will consist oL all of tee devalopmen[ -t�' ♦ T �' base of the existing Tiehack reservoir, and ::::::::::::::::: g Pinesaubdivteiontoa[the base oP Tiehack. Other properties which will be served - �! �/ ,Rli\l E � �� .� mj running South to the new Tiehack parking lot ank atWest Buttermilk. y by this upper pressure zone:include Eagle Pines, the ARU J � .,��)v 7I/��'c' {(�` ` Py 6• uy No. 2. This.phase wi11 consist oP approxi- 1, e/25- io/io/9afan :::1 facility and, potentially,-the West Buttermilk area Sn the �% S ,, ,'� t.1\ ��; natelY 2200 LF of waterline, with the remain- { wa_erline beginningfuture. + /� / !! i d0 fiaSouth ofih• intarsacn � � e `;,t�a�`\\„ Ip/,, der to be installed in 1994. I; a iehaRoad and Pfister Drive !�� ��, YS `�11/ nd including aacociad cal da sacs will run Existing Facilities .� ' v� 1994 CONSTRUCTION SCHEDULE Northwest Lo t!I•Cal sac at the end of the .f�„ 'tY�/i1��U1" �����ar - a Nsorth bancR and will.:::::::::::::ind:tcegno: G. The lower pressure zone currently has a large diameter t^ �I, •,,, t y fl r _ Pwcc'�10R 5/1 - 6/30/94 Following the Opening of the Highway 82 under- ! traction for the waterline which runs parallel..with.Highway 62 and continues � � )� r . ( : p 1, st , �+ '_ �'• PA�OSE � y� ►,, ; S.- pass oDnstrueGion detour, a road cut Vill be IF of Ha Snatall/Lion phasedown valley to the.Aspen Airport-Business Center. This line D .� � -•� EJfj313P�G /(� made crossing the highway and approximately so LF of waiarlin•. ly4,500 I I is connected to the Tiehack tank by a line which generally �/\ - \` •75•ktrj TANK.�/,. ,� 20.MG TANK - f LF of 12" waterline will be installed at theparallels the axiating TiehacA Road. There is a water main , 1 �', 9 FSCISTatG' �; new Stagr Road/Highway 82 intersection. The Jul oonetruotion sohedula Ss:A41p•ndeatoa f Plm1P STATION 12" waterline at the club area will then be , I y 39, 1f 93, and is subjagi t0 Change depending on when final f which Grosses Highway 82 and services the existing Maroon I. permits Leaned. Creek Club. t ` .� �� •�.s - Iv s , completed with the installation of appr�::i- approvals are obtained and .fir/ 1 '') } mutely 2600 LF of line. The line will tie 1 The upper pressure zone is currently serviced by a pump Iu:: ��'� \� (!.0-- 1 I into the 12^ section previously installed J jc77.2 station located just below the Tiehack tank with a water main ' 1 // "� ��'1 � )+• ■ across Highway 82, and follow Stagg Road North ■ which extends across the Buttermilk Ski Area to the Eagle -I`� ) �l '�'• p 3 and west to the employee housing area It \\\1 Pines Subdivision. Water infrastructure currently exists - J .� ��� a' > • will then turn South and East to connect to ± within the Eagle Pines Subdivision. 1 _ _ � j r the a sating 8^ waterline which currently `yam'/l serves the Maroon Creek Club. proposed Facilities M ..� ! `/�^�� /. /�/�/i rap 6/1 - 6/30/94 Installation of the 8^waterline along Tiehack The lower pressure zone will be serviced b a looped line off Ui J, i ,/ %y G Road begun Sn 1993 will be completed with the Highway 82 main. This will require an additional crossing =L�(` r'/ /,r~. j� `•�" � .7 '.. / construction of the remaining 1600 LF from lot of Highway 82 and a looped system through the employee area ty/ �J ,�� /'lf 13 to the cal de sac at the end of the South • back to the exists Highway 82 crossing. / / . n9 9 Y ng. - ,//NJ /.. /�^.'1 �� r' %'E bench. I In the upper zone, water infrastructure will be completed / • r__ r8 A' �f / 1 / �:. .. 5/1 -9/15/94 A new underground water storage tank of at 1 throughout the housing areas at the base of Tiehack. Adds- t - - least 675,000 gallons will be constructed at 2 tionally, a waterline will be extended along the West Butter- 1 Mil!.Road to a new proposed 0.675 MG storage tank. jc77.1 B730-P797 B730-P797 30-P797 1 _ ALE, D" 2 a 2.. B730-P797 sC i - I C 4 0 1/2 p, / 0 1/2 1., 2' 0 ,/2, G G max., k-•. ! J x.. . 834 3258 31/15/93 08:42 Rec 4340.00 BK TJO P8 857 EXIIIBTT p ai • � 9] �� WILEY 8lE OER.ERF 002 .3 Silvia Dads, Pitkin Cnty Clerk, Doc 4.00 8363258 11/15/93 08:42 Rec 4340.00 BK 730 PS e50 page 3 Silvia Davis, Pitkin Cnty Clerk, Doc f.UO P of/p>/aa f 3> 4> U. Na m001 •/ A H p u N 6 -8 11/1 /9 8 4 R %494.UD BK 730 D 860 "�' :a: N d R ♦ ?a 8i,via Cava,. Pitkin Inn/Clerk, Doc f.UO n w ��� I Exhibit D 17��gg 77qq <: wamas_�t E l Exhibit D - { page 2 w hi d o 0 3 3 2 0 0 0 'd, _ -- Table 2 Exhibit E I ESTIMATED GROSS WATER REQUIREMENT (GPD) AND WATER FLOW REQUIREMENT Summery of PEG II Project C FOR IN-BUILDING USE AT FULL DEVELOPMENT, AND ESTIMATED POTABLE o$ $ R`� S w $« S e i potable Water R•auir•aanim °' WATER IRRIGATION REQUIREMENTS, INCLUDING NUMBPR OF ACRES (NOT (Ache-Fast) o m FIRBLOW PROVISIONS.INGUOING IACAIION,911E AND D89C1aPIlON OF PIRRIOW I. INCLUDING THE GOLF COURSE) TO 8E IRRIGATED WITH POTABLE WATER m,� &$e g °.f d e e e ?N STORAGE TO SERVE THE HiOJECr ANO THfi PNO.I£C7 PAOPFRN. ! i Domestic - °c d - gg ,o m I I I Irrigation Water Demands I Month ID-House irrigation Tetel 7 e^ R f a 9 ^<a i 'm w ) T�STORAGE TANK Irrigation requirements from the potable water system for approxi- January 11.42 11.11 e x mately 20 acres of lawns, trees, and shrubs are estimated to be February 30.01 10.I1 2 I 47.21 acre-Poet per year. The average daily demand in July Ss .I March 11.42 w q' ° 'o o and a ak day + 11.42 ; ' ° 110 total estimated to be 130,100 gallons per day (gpd), Pe April 11.05 11.05 ° { eases��will Saw f mod demand in July of approximately 260,000 gpd. The potable irriga- I May 31.42 6.72 18.14 a `v S m , rnlmre0 soave 11m axJalmd B:e 8°°r'see will Its tamed m tlm 1941 el lion requirements are summarized on the attached Table 1. The �I Juno 31.05 11.19 22.24 a `u R& II C f $, ' Usmam Fire Cadq AypmNl Bl-A.1Tr.eavp sag>+D1 ba t>wdmds..aks irrigated areas ari based upon the landacapesingle-family lot ;in the ! July 11.47 L3.01 23.43 .. ym,::tla,�3yma.m wmxwmamme dmal9e>��day demand Detailed Submission Plan (revised e/]o/91), August 11.42 9.16 20.58 Ul ♦ m w o o restriction Submission square feet lawn), and manicured area estimates m E S Pfister Eisch/CwHOa'fP and Ammdad Oe4mlSabnd®ao,IWy 1,19�,WrightWrt Wax f for Townhouse, Employe, and Maroon Creek Club area¢. TRe f 8apt•mbar 11.05 6.51 17.56 � t as SS a`� ♦hid vi e7 a FnEimeo,lac xq:acoved ln^a 28,1988.>a>ee9duAPDr�trA�• estimated irrigation requirements assume lot irrigation efficiency. October 11.{3 1.63 13.05 F$ I "a f November 11.05 li.OS A""' y 11� Dec•ab•r 11.4z 11.a3 c t° R 6 6 8 In-House Water Demands a. a R; - I 1 As atlmmm egabalom capacity ask(CCM for We wpm m>.ioe mop I•a.O+mwc 1 The in-house water demands for the project are estimated to be 1N.{3 47.21 181.64 1 Y 8 a e o c o o C $i 1 approximately 135 acre-feet per year. The average daily demand Ss ♦` . ! II estimated to be 120,00o gpd and the peak day demand is ' The total average demand is approximately 120,000 gpd during the c $ c approximate- ly 240,000 gpd. i winter and 210,000 gpd during the summer. The peak day demand a o $s 3 3 g I If i i s { The development 1s estimated to require approximately 475 Equiva- lent I during the summer is estimated to be approximately 500,000 gpd. EBTIA7m71D ECU TIEHACK lent Capacity Units (ECU). I 2 _° s e0 00 .,-St$ 4 RESIDENCE e a ,4 UPPER=VICE ZONE The Aspen Code does not define water use in terms of ECU. In j 1077.1 a arm addition, the Aspen Hater Department does not have a water use per i i 4 8 p Y e h [ >P - 1 470 TIEHACK ECU relationship. O •R♦ F i 8 -` -- : iI R�. CO We have estimated the in-house demands fromthe following assump- s; "e ° , i`! ASPEN E N lions. The in-house residential demands are based upon two people *i °, 2 e o 'O` e.°°e•Ge1•M1T'°'° a L. ua.3 81611 per bedroom and eo gpd per person. The Clubhouse demand is based ,, 2 8 r dearem,.xuw•.a: a wf - i upon 100 god per visitor for 300 visitors;the Restaurant at 10 god I� 'R arraa�m f} per customer for 500 customers;and the Ticket Office at 10 gpd per I "1 .1 visitor for 300 visitors. =I w""'O"�A"`I"tlr�` �' II Gross Water A•guilgents FI ry:rw,.u.trt�tb wuw 7 SD 25/2022 � `� a ! 2 § E >+.+Lrw antes DD 3/i6/2022 The gross water requirement of Cho PTojsgt is atSmated to be m 27 y HOA 2/25/2022 approximately 185 acre-Legit per year and Se eumma[lzed gn a monthly F I !f di I PERMIT 2/1/2023 basis in Table 2 below: "! a i `€8 n D r 3 Ii I D �+ B730-P797 B730-P797 FULL LAND SCALE 1 - I^ r D B730-P797E 0 z SCALE 1' - T-0' / D 2 SCALE - 0 g USE APPROVAL 2J1 f/V•� RECEIVED LUA.62 02/02/2023 ASPEN BUILDING DEPARTMENT RED - �h a• :sea vn era,. -a a a s 1001 Grand Ave BZBB/93 Male MAZY I UANDERERF „ Suite 103 mi., Springs - a>,oa," oa:al a363258 a11/15/93 08:42•Reo $340.00 Oil 730 PG 861 4'1 s363258 11/15/93 08:42 Rec $340.00 BK 730 PG 862 ' CO 81601 Silvia Davis, Pitkin Cnty Clerk, Doc s.>o •U..ir°}'- Silvia Davis, Pitkin Cnty Clerk, Doc 4.00 Exhibit 8 1 I I page 2 ...........................ssa - Exhibit F - Parp¢pasa ofdmigning ere inter stoma Mak, HW br Oem sebuhfd begin' { `it-. These documents have been 540 tpd bawd m la4ene use and hex hdpdm nardetemR T6c 6IDowbig table - specifically prepared for 1470 aaamwlva tlr rvq°heE mega ANY OTHER CIRCUMSTANCES AFFECTING THE COST OR TYPE OF CONSTRUCTION Tiehack.They are not suitable for REQUIRED FOR THE WATER MAINS AND ASSOCIATED FACILITIES TO BE use on other protects or in other CONSTRUCTED PURSUANT TO THIS AGREEMENT ,t. locations without the approval and participation of the architect. Reproduction prohibited without OTHER C0H5IDERATION8 approval of the architect. Aet1•e etoaep ieegui®mt ,... 1. Exhibit B shows the existing and proposed water system for 2023 M6dirbkmA+•.lien PI•tr ❑.wvmar Ilea Ph Maroon Creek Ranch.The pates system is based on an agreement with Mr. Art Pfister fora location of a water storage tank I I near the existing maintenance facility at West Buttermilk. It Mereea('tank C'ub 165,700 454,I00 l? is assumed that this location will be acceptable to both the , City of Aspen and Pitkin County and that a 1041 approval will "- be obtained for construction at this location. An alternate ° tank location would affect the cost of water system improve- ` wants, but would not affect the sizing of those improvements. pl0ppjebexmgp 1 2. As-built drawings of the Project, including the water system and all other utilities, shall be provided to City on repro- AUdeminellfnomCmakQm.0Dbegdstlaod.Ib.EufbwhyTke0f Mind 1 duceable sepias with a maximum size of 24" x 36", and on en ma aan dsbinstunkleMeed•thubdag•10,gOepmee agMEbfamily dmoa I "auto cad disk data transfer file" lied into one (1) set of state plane coordinates. Hard on Tails A-M,A-1 ofmamAzmd rmNlO,Ma Om now Impam ant,althea r allowable bguimd the flaw Muslim of 5046 its ydnkkeeml view••b 1500 Epm for 3. without limitation, PEG 31 and/or Pfister shall provide City e 2-tom Dow duration for a]cart tamp a•gta4emml of180,000 peons <. with the following' drawings in sufficient advance time m Tm!S� f prior to construction so.that City may review and approve same: Duod on the:Marc dcdp,Parer°rams,Mr ammo regtdronscat for Ole upper primate ;..1 - Details of new tank construction, size, controls, r urag etdmd: .r, elevation and location. it,1 - Details of the connection pipeline from the new tank to the existing municipal water system. Peellee df� s`� Is I_ k' ff �� Y - , "t Pressure reducing valves pertinent to the new tank and Ifeese ••• a •w,1a WOO 04303 I connecting pipeline. I i - Pump station modifications,including controls,telemetry ` and electronics, resulting from the new tank. Meal on de h rm m ere above, mmded dints OWWk d MOOD 8alsss be 11. - Infrastructure at the bees of Tiehack. _'. ctommrd fat'chin Qed;flab.. 4. PEG II's and/or Pfister's registered professional project The lower service zone representing the balance Oi engineer shall inspect and certify the design and installation Project and Project Area not described in this exhibit of all water system lines and facilities to be constructed t' shall have its fireflow requirements served by the A., I pursuant to the Agreement. . existing Tiehack water storage tank. jc77.4 • • 1 i, , . iit,,7r.., I � "/ :„,:,,, 0 • B730-P797 1 B730-P797 2 SCALE:10.83 SCALE:1' 1'-0" 0 1/2" 1" 2" ILL-07-93 WED 13 45 ON TEL 10: a3Tf P02 t+ � !< JILT-'Y3 aED 13,45 ID: TFl FD: .•.•••• a377 P03 ...• ,4 0363258 fe 15/93 68 42 R $340.00 Bk 730 PS 863 a36325B il/15/93 OB 42 Re 5340 00 BK f3O PG 8y4 Olivia Davis, Pitkin Cnty 3 Silvia Davis, Pitkin Cnty Clerk, Doc S.00 ,;lark, Doc S.00 ay Exhibit G ^"xr .��s�f�W!(�r - Exhibit G -l�(1.J`='If7'('^% page 2 ' , I • Club Tovnhouae-4 bedrooms, 51 bathe, kitchen, In WU CMpetetieee Jpl. 7 hot tub and landscape irrigation. undry zoom, Jg protest Pretext, 1 .- • Lodge Unit - 1 bedroom, 1 bath and bar sink. The Detailed Subaiseion Plan for the Project require•an estimated • a0Ployee Sousing - 1, 2 and 3 bedrooms, 1 bath, kitchen, 395 ECUs, as summarised in Table 1 below: washing machine and landscape irrigation. Table 1 • Mathis unit-a bedrooms, 211 baths, kitchen, laundry room and landscape irrigation. BI anmwo aWe j • CIubhoues-Snack bar, pro ehop,halfway house, showers, lock- Detadled Strbal i n Plan for Projectf ern and sanitary facilities to meet the needs of up to 300 ECU visitors per day. Number Tyne of Use Ewivalant ECUs • Restaurant-200 seat addition to the existing Grand Champions 32 5,500 to 6,000 OF Single-Family 3.75 120.0 Club. 11 10,000 BP Single-Family 5.5 60.5 ` 29 Tiehack Townhouse 2.5 72.5 '" • Satellite Restrooms - 2-toilet, 2-sink facilities located 1° a Club Townhouse 2.75 22.0 throughout the golf course. 12 Lodge Unit 1.0 12.0 13 1 Bedroom fypleyes unit 1.4 1e.2 �. • Ticket Offics/Reitroons - Tiehack nil facility with men and 13 2 Bedroom Employee unit 1.75 22.75 . women restrooma serving up to 300 visitors per day. 1' 13 3 Bedroom employee Unit 2.0 26.0 1 4 Bedroom Mathis Unit 2.5 2.5 Pfister Property Ij Clubhouse (300 day visitors) 0.05/Visitor 15.0 TIEHACK Restaurant (200 egete) 0.08/Beat 16.0 The Pfister Property II would require an estimated 49 ECUs summer- 5 Satellite Reistrooa• 1.0 5.0 ' iced in Table II belowt RESIDENCE Ticket Office/Restrooms 2.0 2.0 � Total 394.45 estimated ECUs 1470 TIEHACK Pfister Property II RD.ASPEN CO The estimated ECU equivalent for each type of use is based upon ECU Section 23, Article III, Water Service, of the Aspen Municipal Hlidbar Tvoe of Uee Eouivalent Elite 81611 Code. section 23-44 of the Aspen Code provides tables for deter- mining the ECU rating based on the number of bedrooms, bathrooms, 5 Up to 35,000 8P 91ngL-family at 7 75 kitchen, laundry room, outside irrigation, etc. 'C Buttermilk west w/ eeployea units Tne estimated ECU equivalent is based on the following assumptions! r 2 Up to 15,000 SP Single-Family at 7 14 • 5,500 to 6,000 square feet single-family - 5 bedrooms, 521 Tie-Hack ---- SD 2/1/2022 IP DD 3/1W2022 bathe, large kitchen, laundry room, hot tub, swimming pool, Total OA and 5,000 re feet of irrigation. 14 49 PER 22/8/2023 •qua 9 ` PERMIT 2/1/2023 Assumes hones w/ 5 bedrooms, 5/ baths, 2 kitchens, 4,500 5F V • 10,000 square felt single-family-5 bedrooms, 5/bathe, merge irrigation, eunit nq pool, hot tub, oversized whirlpool tubs, and kitchen, laundry room, hot tub, 10,000 gallon swimming pool, one employee unit w/ 3 bedrooms, 2✓f bathe and 5,000 square feet of irrigation. This lot has the right mepmt•tioa•prePaeM by mr/9ak Mains to apply for an employee housing unit (2 bedrooms, 2/baths, leer•Dorn sae set tantima wn wSaa m kitchen, washing machine). taeia••re, •t Sent le letters30, atw Map Se, t.ie (revised Juan la,lee3 sad (; Jeri it lea, •W gun• at. . Shin• •esa•tetes N sot Paalea• • Tieback Townhouse - • bedrooms, 4/ baths, kitchen, laundry PreYrti or"t"be sass Property to••[sere•en'vtur••as•liens the seel.ot (� room, hot tub end landscape irrigation. I ' ....pee.es I -. l ,` I .1 . ' FULL LAND USE APPROVAL B730-P797 B730-P797 EIVED SCALE:1' = 1'-0 0 1/2" ,•• gp.�f SCALE:,' = ,'-0" "cE 2" li - LUA.63 02/02/2023 ASPEN BUILDING DEPARTMENT 4'..)..)6 RE D 1001 Grand Ave EIHST AMENDMENT TO WATER SERVICE AGREEMENT 5. The following Paragraph 2(a)shall be added after Paragraph 2 and before The following sentence shall be added to the end of paragraph 16: allocated to PEG II under Paragraph 2,or to Suite 103 DATED JULY 26.1993 Rw 1�3t3 eiS' �'73/' Paragraph 3 of the Agreement: Pfister under Paragraph 3 of this Agreement. Glenwood Springs ��7 P7 "For purposes of this paragraph,the 'Golf Course,' ECU's shall be assigned to the Tiehack CO 81601 THIS FIRST AMENDMENTTO WATE ERVICE AGREEMENT DATED JULY 26, "2(a).Water Service To The Pfeifer PUD. when used to describe the property to term,o Irrigated pursuant restaurant as provided by the Code.The City 1993,Is entered into this /%day of a 19 in Aspen,Colorado, The water service requested for the Pfeifer PUD by that to the terms of this paragraph,shall include both those hereby agrees to waive all tap fees,hook-up I I by and among the CITY OF ASPEN, COLORAD , a municipal corporation end certain Application For Water Service Outside City Limits, portions of the golf course contained within the Project charges,and connection fees relating to the home-rule city(hereinafter"City"),PEARCE EQUITIES GROUP SI LIMITED LIABILITY dated September,1994 and submitted by Fried)Pfeifer, Property,and such additional portions of the golf course COMPANY,a Utah limited liability company(hereinafter"PEG II'),ARTHUR 0. Trustee,on behalf of the Fried)Pfeifer Aspen Real Estateprovisionheo a y shallhr to the for thehek restaurant. C PFISTER,ELIZABETH H.PFISTER and the SEP RESIDENCE TRUST and the CDP p Prot are,as contained withino the descriptionm re thebut Project The Company pay cost of the These documents have been Irrevocable Trust No.1("Pfeifer"),shall also be provided property, described on Addendum A hereto, are extension lines from the water transmission specifically prepared for 1470 RESIDENCE TRUST,Colorado Trusts(together hereinafter"Pfister"),and THE ASPEN under the terms of this Paragraph,contingent upon the contained in parcels outside of the Project Property, � and distribution mains to be constructed • Tiehack.They are not suttable for SKIING COMPANY(hereinafter"Company"). timely execution by Pfeifer of a standard form City of including but not limited to that portion of the Golf Course, pursuant to this Agreement,to the Tiehack useon other projects or in other Aspen Water Service Agreement and the payment of the contained within the Pfeifer PUD,as the same is described restaurant.In addition,the Com any will a locations without the approval and In consideration of the mutual promises contained herein,the parties agree that fees and char es thereunder. A eo of said p p Y participation oohs ted without the Water Service Agreement dated 26,1993,executed by each of theparties required9 hY on Addendum E hereto." all costs associated with the installation of Reprotluction prohibited without g July Application, with exhibits, is attached hereto as equipment sufficient to pump the water to the approval of the architect. hereto,shall be amended as follows: Addendum G. The total volume of water provided to the 7. Addenda E,F,G,and Exhibit H,copies of which are attached hereto, Tiehack restaurant,and shall pay for all power Pfeifer PUD under the terms of the Application and under shall be added to the Water Service Agreement. costs Incurred as a result of pumping said 2023 1. Exhibit A to the Water Service Agreement dated July 26,1993,which the terms of this Paragraph shall not exceed 13.5 ECU's. water." is entitled,"A Description Of The Water Mains And Related Facilities Required For The Pfeifer may allocate the 13.5 ECU's among the residences 8. Paragraph 31 entitled,"Water Service To Restroom Facility,"shall be Project,"shall be replaced by Amended Exhibit A,a copy of which is attached hereto. proposed for the Pfeifer PUD, in his discretion. amended in the following respects: 9. Paragraph 32(b)shall be revised to read as follows: Notwithstanding the above, additional water shall be 2. Exhibit B to the Water Service Agreement dated July 26,1993,entitled, provided to the Pfeifer PUD, under the terms of "a. The title for Paragraph 31 shall be changed to read, "Potable water provided pursuant to Paragraph 31,will be "Maroon Creek Ranch Water System"shall be replaced by Amended Exhibit B,a copy Paragraph 16,as amended,in addition to the 13.5 ECU "Water Service To Restroom Facility And To Tiehack used only for indoor purposes at the ticket office/restroom of which is attached hereto. limitation provided by this Paragraph.Water service to the Restaurant. facility and at the Tiehack restaurant,and for no other Pfeifer PUD,as provided by this Paragraph,shall only be purpose;" 3. Exhibit C to the Water Service Agreement dated July 26,1993,entitled, provided subject to all the terms of this Agreement,except b. The text of the current Paragraph 31 shall remain the "Maroon Creek Club Water Distribution System Description and Construction Phasing that in the event of any inconsistency between the terms of same, and shell become subparagraph a of 10. Paragraph 321d1 shall be amended to read as follows: Schedule,"shall be replaced with Amended Exhibit C,a copy of which is attached the Water Service Agreement executed by Pfeifer and the Paragraph 31. hereto. terms of this Agreement,related solely to the extension of "The Company is and shall be responsible for the payment service to the Pfeifer Property under this Paragraph(and not c. A new subparagraph b to Paragraph 31 shall of all tap fees,hook-up charges and water rates for the 4. Paragraph 1 of Exhibit F entitled,"Any Other Circumstances Affecting Paragraph 161,the terms of the Water Service Agreement be added which reads as follows: delivery of City water to the facility situated on Lot 49.All The Cost Or Type Of Construction Required For The Water Mains And Associated executed by Pfeifer shall control. For purposes oftowaivery f City w the Tiehackthefa restaurant situat hereunder shall e Facilities To Be Constructed Pursuant To This Agreement,"shall be revised to road as interpretation of this Agreement,the Pfeifer PUD shall be The parties acknowledge that the Company metered and paid for at the standard rates charged by follows: allocated the ECU's set forth in this paragraph, which wishes to have potable water service provided Aspen for water service at that location,without any credit "Amended Exhibit B shows the existing and proposed water ECU's shall not be deducted from any allocation of ECU's to a restaurant located at the top of the or reduction for any pumping or power charges paid or system for Maroon Creek Ranch. The water system is made to the Project Property. Tiehack Ski Area,sometimes referred to as based on an agreement with Aspen Skiing Company for a payable by the Company in connection with delivery of the Cliff House Restaurant ("Tiehack water to the Tiehack restaurant." location for a water storage tank and associated pump 6. Condition number 5 of Paragraph 16 entitled, "Water Use On Golf restaurant") end that such service can be station at the approximate location depicted on Amended Course,"shall be amended,so as to read as follows: provided through the water transmission end 11. In Paragraph 32(gl,in the third line,after the words,"Lot 49,"the words, Exhibit B,to be constructed entirely underground. This distribution mains to be constructed pursuant "and the Tiehack restaurant"shall be added.In the second to the last line in the same location is acceptable to the City. It Is assumed that this "15) such potable water is used only for temporary to this Agreement.The City hereby agrees to paragraph,after the words,"ticket office/restroom facility,"the words,"end the location will be acceptable to Pitkin County and that a emergency purposes in quantities no greater than the lesser provide potable water service under the terms Tiehack restaurant,"shall be added. 1041 approval will be obtained for construction at this of the amount needed to properly irrigate the golf course or of this paragraph to serve the Tiehack location. An alternate tank location may affect the cost of the amounts set forth on Table 1 of Exhibit D." restaurant for up to 47.23 ECU's, which 12. Subparagraph 321k1 shall be changed to Subparagraph 32111. A new water system improvements, but would not affect the ECU's shall not be charged against the ECU's subparagraph 32(k)shall be added which shall read as follows: sizing of those Improvements." 1111111111111111111111111111111111111111111111111111111 1 I1111111111111111 IIIII III 1111111111111 III 11111 III 1111 I IIIIII IIIII IIIIII IIIII III IIIIIIII IIIII III IIIII(III(III 409559 3a/17/1997 a9:l9i1 WATER AG DAVIS cai,a I IIIIII IIIII111111111111111111111111111 III IIIII(III(III 909558 10/17/1997 09:59R WRIER AG DAVIS sILVI 3 of 45 R 226.00 0 0.00 N 0.00 PITKINCO COLORADO 409559 10/17/1987 08:78A WATER AG DAVIS SILVI 2 of 4!V 22e,eo D 0.00 N 0.00 PITKINCO COLORADO 1 of 45 R 226.00 0 0.00 N 0.00 PITKINCO COLORADO 409SS9 10/17/1997 09:69R WRIER RG Davis cOLV 4 of 4!R 228.00 0 0.00 N 0.00 PITxINCO COLORRDO Reception No. 409559. 1 Reception No. 409559. Reception No. 409559. Reception No. 409559. SCALE 1:1.18 SCALE:1:1.182 SCALE 1:1.18 L+ SCALE:1:1.18 "The Company shall convey in perpetuity to the City a respectively,of the right to receive potable water service retaining wall failure. In the event of a failure of the A v',s.k Hnon-exclusive easement for the construction of a water from the City,for use on each purchaser's respective lot, waterline,the City shall terminate service and shall not be Eliz th A.Pfister tank, to be located completely underground, having a under the terms of this Agreement. PEG II shall be entitled required to commence service until such time as the APPROVED AS TO FORM: capacity of up to 1,175,000 gallons, associated below to assign to the purchaser of each lot,that number of waterline is repaired to the satisfaction of the City's Water grade pump station, and associated facilities on that ECU's allocated to said lot by PEG II,in its sole discretion, Department at Developer's cost." property described on Addendum F hereto,owned by the provided that the ECU's so allocated are debited against the Company and the Company shall convey to the City,an 550 ECU's allocated to the Project and the Project Property, � easement across the Company's property, for the and rovided further that the water delivered annual) 16. In all other respects,the terms of the Water Service Agreement dated Andrew V. ec ,Esquire installation of water mains,water lines,and such other p y July 26,1993,shall remain the same. Garfield&Hecht,P.C. thereunder is debited against the 185 acre feet per year SEP RESIDENCE TRUST associated facilities. Upon construction of the same,PEG • allocated to the Project and the Project Property. PEG II - 17. In the event of a conflict between[he terms of this documentantl the A Colorado Trust II shall pay the cost of obtaining an as-built survey of the shall notify the City in writing,of the number of ECU's location of the same,and the Company shall convey in allocated by it to each lot, and assigned by it to the terms of the Water Service Agreement dated July 26,1993,the terms of this perpetuity to the City ev es-built non-exclusive easement in purchaser of said lot,at the time the assignment occurs. document shall prevail. the same form as that attached hereto as Exhibit H for said No lot shall be allocated or assigned less than two ECU's." THE CITY OF ASPEN,COLORADO Andrew V.Hecht,Trustee water tank,associated below grade pump station,water mains,water lines,and such other associated facilities 14. The following language shall be added to the end of Paragraph 26: ATTEST: A Municipal Corporation and situated upon or crossing the Company's property,along Home Rule City CDP RESIDENCE TRUST with all necessary access easements for maintenance and "PEG II acknowledges and agrees that as a result of the / (j�„,,,,,'6r- A Colorado Trust repair purposes("Easements"). The Easements must be nature of the service connections for the structures labelled By By I}"^' _ large enough to provide the City with at least 10 feet on as 'Pfister Barn' and 'comfort stations' as shown on City Clerk Mayor either side of the water mains and water lines and must Amended Exhibit B,those facilities will receive a reduced T.„-� specify that 11)sewer lines must be located at least 10 feet level of water service, subject to periodic service APPROVED AS TO FORM: Andrew V.Hecht,Trustee from any water main or line;and,121 other utilities must be interruptions in the routine course of operation and ASPEN SKIING COMPANY, located at least 5 feet away from any water main or line. maintenance of the City's water system in the vicinity of Access easements and easements for the water tank, said structures,and potentially inadequate flows for fire oty t Esquire A Colorado general partnership associated below grade pump station, and such other protection.PEG II,for itself and its successors and assigns, Aspen City Attorney associated facilities shall be of a size determined by the City accepts said reduced level of water service and agrees to PEARCE EQUITIES GROUP II By:MKDG III/MKDG IV PARTNERSHIP TIEHACK to be reasonably necessary for the operation,maintenance indemnify,defend,and hold harmless the City from any and LIMITED LIABILITY COMPANY A Colorado general and repair of the tank, associated below grade pump all claims for property damage or bodily injury in any way A Utah Limited Liability partnership,General Partner RESIDENCE station,or other facility to be located on such easement. resulting from or arising out of such reduced level of water Company Each party shall g solely responsible for any injuries or service." /7�, . By:MKDG are ASPEN,r[ion, 1470 TIEHACK damages,including costs and attorneys'fees,to persons or BAY A Delaware corporation, RD.ASPEN CO property arising from its own negligent acts or omissions 15. The following language shall be added to the end of Paragraph 14: ud'mes T.Pearce, General P r occurring on or resulting from its use or occupation of any Manager 81611 easement or premises.Nothing contained herein,however, "The parties acknowledge that during construction and APP VED AS T FORM: shall mean or result in any waiver or diminishment of any placement of a water main along North Bench Road,the By: defense or limitation available to the City under the area was subjected to mass earth movement despite the Name: Colorado Governmental Immunity Act or other applicable placement of retaining structures on both the cut and fill Kir . olleyman,Esqyi a Title: Kirk Holleman,P.C. APPROVED AST RM: SD 2/1/2022 law." slopes. In the event that there is a roadway orai waterline Y /, DD W18/2022 failure in any of those portions with retaining wall ARTHUR O.PFISTER and ( HOA 2/28/2022 13. Paragraph 39 shall have the following language added to the end: structures along North Bench Road,the parties agree that ELIZABETH A.PFISTER 11i' PERMIT 2/1/2023 the City shall not be responsible for any repair,replacement ��1///''' L`us �" '' "The City hereby consents to the assignment by PEG II to of the waterline,roadway or retaining structures,or any -K2 #��14-._ Arthur B.Ferguson,Jr.,, squire the purchaser(s)of each lot within the Project Property, injuries or damages caused by a roadway,waterline or Arthur 0.Pfister Holland&Hart 1111111111111I11II IIIII III IIIIIIII IIIII III DAVISh111 I111 I IIIIII fill IIIIII IIIII III IIIIIIII IIIII III IIIII(III(III 40of R/17/1997 09,59A WATER AG RVIS SILVI 1111111 111111111111II111I11111111111111111IIIII II1I(III 111111111111111111111111I111111111111ax III III1111IL(III 409559 10/17/1997 09,59A WATER AG DAVIS SILYI 6 of 45 220.00 D 0.00 N 0.00 PITKINCO COLORADO 409569 10/17/1997 09,59A WATER AG DAVIT fILVI 409559 10/17/1997 09:59A WATER AG DAVIS SILVI S of 45 R 226.00 D 0.00 N 0.00 PI7KINC0 COLORADO7 of 45 R 226.00 0 0.00 N 0.00 PITKINCO COLORADO 8 of 45 R 226.00 0 0.00 N 0.00 PITKINCO COLORADO Reception No. 409559. FULL LAND Reception No. 409559. C Reception No. 409559. Reception No. 409559. 7 p USE APPROVAL SCALE'.1:1.18 J SCALE 1:1.186 SCALE 1:1.18 SCALE:1:1.18 8 RECEIVED LUA.64 02/02/2023 ASPEN BUILDING DEPARTMENT RED 1001 Grand Ave Suite 103 - MENDED EXHIBIT a Glenwood Springs A DESCRIPTION OF THE WATER MAINS AND RELATED FACILITIES RE CO 81601 STATE OF COLORADO I ASPEN SKIT 'COMPANY FOR THE PROJECT QUIRED STATE OF COLORADO 1 I Ss. A Colored Lim'ed Liability Company WATER FACILITIES 1 ss. COUNTY OF PITKIN 1 COUNTY OF PITKIN I Service Aroma These documents have been Subscribed and sworn to before me this���day of <'1�7rP1.O--, ,1995, By, specifically prepared for teen Subscri ed d sworn[o before me this LI Do Carlson The water facilities at Maroon Creek Ranch consist oC a low ose on other are not suitable for byf �of the City of pen. .fti ,199 by ELIZABETH A.PFISTER. pressure rater zone and a high that projects or in other ,r 7t// ,as Mayor of the Ci[y o Aspen. ✓ Sr.Vice President&C.F.O. ressure zone ie 7 pressure water zone. The low locations without the approval and _ P serviced by the exleting TSehack rater +e., T7NfgS my hand and official seal. storage tank and generally consists of those portions of theReproduction participation of the architect. WITNESS ss hand and official seal. = Project which are north of Highway 02, including the exleting Re approval ortne�arcdtwithout '/ `"�.cgtPmission expires: �u/w/q-7 Maprooc Creek Club f ) proposed My commission expires:aVe71/ff�/ - .'J E� JSEAL] (/k/a Grand Champions Club and � _- APPROVED AS TO FORM: em to ee housing and townhouses. 2023 (SEAL] ••,'r er eovp`'` � [� // /1 Notary Public The upper pressure zone will consist o[all of the development(t•f /ILN.rL (:.(•�(IdQp-dX i /- at the base of Tiehack. Other properties which will be served STATE OF COLORADO 1Otarublic STATE OF COLORADO ;ss rf Skiing Company,pressure zone include those owned by Aspen 1 ss. COUNTY OF PITKIN 1 COUNTY OF PITKIN ) Arthur B.Ferguson,Jr., squire Existf no Facil idea Subscribed antl sworn to before me this day of (k}$Qr2, ,1995, Holland&Hart 1 1, The lower pressure zone currently has a large diameter S scribed anQ sworn[o before me this/ /L day of f,!eL ycy ,1 gggu ♦,Yy1p1YIt (iR O.PFISTER. waterline which runs y L/-1 ly�/j d �.� down valley to the Aspen Ai el witA Nf 82 by Cod o ,as City Clerk of the CI*of Aspe Q. 'P. rport Business Center d Thisiooes_='`'i :TA.'NfITNE�S my hand and official seal. State of Colorado ) ie connected to the Tiehack tank by a line which enerlin)ss. parallels the original Tiehack Road, There is a water main WITNESS my hand and official seal. ++rC,i which crosses Highway eh and services the existing Maroon "U01.14/bbelmission expires: ,rZO/q� County of Pekin ) My commission expires:�/171fy i•<+t9EAL] Creek Club. MEAL] n ;. ,�RPw-R-, Subscribed before n}c this 21st day of November,1995,by Doug Carlson,Senior ViceI Aff Utn.�Z L;.C. / Notary PublicPresident,Chief FinancialOfficerandauthorizedrepresentaieof Aspen Skiing Company.aTheuPPerpressurezoneSscurrentlyservicedbyapum station located just below the Tieback tank with a water main Colordolimitedliabilitycompany. which extends across the Buttermilk Ski Area to the Eagle Pines Public STATE OF COLORADO I within the vision. Hater infrastructure currently exists I ss. Witness my hand and official seal. Eagle Pines Subdivision. STATE OF COLORADO J COUNTY OF PITKIN 1 y—� )ss. Mycommission ex IUvl2`11q Proposed Facilities COUNTY OF PITKIN I Subscribed and sworn to before me this �L day of '6-4, ,1995, win expires: C� The lover pressure zone will be serviced by a looped line off _ by ANDREW V.HECHT,of Garfield&Hecht,P.C.,as Trustee Of SEP Residence Trust, the Highway 92 main. This will require two (2) additional Subscribed and sworn to before me this je day of Of�O-Pik, ,1995, a Colorado Trust and CDP Residence Trust,a Colorado Trust.. [SEAL) v eSr0 to ge of Highway a2 to create a looped system through the by JAMES T.PEARCE,JR„as a Member of Pearce Equities Group II Limited Liability ,,+- lu o 'y Public employee area. 9 Company,a Utah limited liability company. pE?:• 't�JfFNESS my hand and official seal. • • In the upper zone, water infrastructure will be completed 'r r • throughout the housing areas at the base of Tiehack. r; S my hand and official seal ''_,-,e-vly pornmission expires: 3/z0/�)� • \�. fission expires: 3 437 .. 6•� ;' / +. eD DL\ e( .AL1 �/ .••r rr<',,,,. ', i ltdp-to f-tt, �x�_ •"'^ •• Notary Public c Notary Public IIIIIII III IIIIII IIIII III IIIIIIII IIIII III 11111 IIII IIII IIIIIII IIIII IIIIII IIIII III IIIIIIII IIIII III IIIIII III IIII IIIIII IIIII IIIIII IIIII III IIIIIIII IIIII III IIIIII III IIII 0 ti :'' -11- °, 111111110111111111111111111111111111111111111 400999 10/17/1997 09.98a hATER R6 DIMS 9ILVI 9eof 4 1R/226.007 00.00R WATER. AG XDAVISINCO 9ILVI 409950 10/I7/1997 00..AH NRTER fk,ORVI9 SILVI '^^ 12 of 46 B 226.ee D 0.00 N 0.00 IT NC COLORADO 9 of/9 R226.000 0.00 N 8.00 PITKINCO COLORRDO 10 ei 49 R 226.00 D 0.00 N 0.00 PITKINCO COLORRDO m^It 409599 10/17/1907 09:59A WATER RG DAVIS SILVI 11 of 45 R 226.00 D 0.00 N 0.00 PITKINCO COLORADO Reception No. 409559. Reception No. 409559. Reception No. 409559. Reception No. 409559. SCALE:1.1,18 SCALE'.1118 SCALE'.1:'I183 SCALE:1518 4 `� � AMENDED EXHIBIT B • ADDENDUM E ,.��� � i Y I MAROON CREEK CLUB Lard In the State of Colorado,County of Plain,DIe0r ID1d n Wigan i f -, l. L✓I`~ i 1 • . : WATER SYSTEM • 1..yl �aJ me ,•.g,(,!- w Amended LEC3EN� ilk'', `� 1t Exhibit C Goverment Lets 19 era 20 0l Section 21\\ Mended Page 2 Ooverneent Late 13 end 1/of Section 31 f[to {_ k.Li ,,e` , ii F 3D1 C government toff t end 7 of Section 101 end �&�\ PHASING SCHEDULE Goverment Lot 3 of Section 11 .����.EXISTING WATERLINE { - , 1v-�,_ _ QUM SLIT' All tying althln iozn9h 1p 10 Sathf Range 63 West of the 6th P.M.t \l\'� \ ..,.......umm PROPOSED WATERLINE ..� �at�1� � ` /f,— L �t, W�6eseD11L 1995 CONSTRUCTION SCHEDULE ;\f� )\ \ \F' \ W\} L��- 1993 CONSTRUCTION COMPLETED 5/1 - 7/1/95 Installation of the 8"waterline along Tieback EXCEPT teat erect Of land es conveyed byp Robert M'Fory�Vant to iM Canty of �, -,\ - Road will be completed with construction of PpfCEp7}Mttract f lendstrueent re�June wnva 19, 1930, In soak 130 et Page 110 end also '�ram-- —✓'�jai ��`- I `•� \ �'t' the remaining 1,600 LF from Lot 13 to the Clrl Instrument recorded November 3, 1938, Ied n FBook Pfeifer of}yge0424 yenO el eoY V 7- < rsS • , ,t -\ \ \1 'I �,r',(\ � \._. Approximately 460 LF of 2{• waterline was de Sac at the end of the South Bench. EXCEPT that tract 01 leM b wove ��. 1 v \ice zalocaeed to alloy comezucefon o1 the new /1 `-� �.z; Highway rp underpass. The new line rise back !fountain Skiing Corporation D conveyed by Irledl Pfeifer to the Butterellk / t l \I �/ i�\r\\\ \1,1 ,� `)\ `�� -� t1` � 1 _ into the exfatfng 24• line east and vent at y .p;/1 \1(y)l \\\ \� -+^ f the underpass. 6/1 - 8/1/95 Construction of the remaining 1,200 LF of 8" 166 et Page 200.and also T Instrument recorded December I7, 1938, In gods _ "F-/ waterlines along Pfister Drive which connects EXCEPT that tree./of land et COnve ed 0 t / WE'T -''''. \11Ll , \ I x q /t to the new 12" line installed in 1994 and runs y y Fried'Pfeifer to the Buttermilk Co the Cul de Sac at the end of the North Mountain SkiingCorporation by Instrument reeor4ed July 17, 1939, In Book 168 '\ j /� / ,�'.�• \ Approximately 2,600 LP of 0• waterline was at peg.126 end,else • ��^ 1 1�1 installed n west along pfiefez Drive,acmes the Bench. EXCEPT that irat of-lend es conveyed by Frledl Pfeifer to A.C.Bainbridge aid \ f - ��'- 1'� ti :..wc 1 �� rY.�, I'\"': e Pe and c eig into the existing Jaen Bainbridge by Instrument recorded November 213, 1968, In 8o0k 221 at Page aT.-• l waterline wear of the Inn at Aspen. This By 9/15/95 - Depending on Employee Housing schedule. 129 OM wasted by InstNent recorded March 21, 1972, In Sod 262 at Pee I �•� f`• - _�'�� 1 `� .�\11 included the installation of a new PRV station • � 112 end also 9. ��, — .✓� •b, N ~� 1�5 near the new Tiehack bees building. Installation of the remaining 8^ waterline EXCfFT that its}of lard as conveyed by fried'Pfeifer to A.0,Bainbridge \ west along Stage Court f Irgi back into the and Jean BainbridgebyInstrument recorded Jul 13, 1967, In Book 220 et Pe ge J1�' Ar�(�'._'\, Q Ve tom} i0` "� \\ 1994 CONSTRUCTION COMPLBTED AND UNDERWAY �si°o—�1 1f �'1\x` •�,•\\��L} -7}�!<, r ] / existing 24"main south of Highway 82 ar the 61 end raatordedul 19, )967, In y �� y]�` `,•. �� � Approxlmatel 1,200 LF of 12• waterline as Owl Creek Road intersection. This includes a July Beck 22B et Page 117 and else .\ Y EXCEPT Met treat of lend a conveyed by Fried'Pfeifer to M11110e E.Clerk TIEHACK _ yyii.. installed from the 24• in on the mouth side boring under Highway g2. nd Lois P.Clerk by Instrument recorded January 29, 1968, In Sod 233 et Page` �� SI end rarserded Starch 21, 1966, In gook 231 at papa 70 and elite RESIDENCE - ���• of Highway Stage Co the intersection of Stage 5/15/- 10/15/95 A new under round water store a tank of at t7/CEPT that hao}o{lend p•wnvsyad b Fr Pfeifer}0 Virginia Aspen 11( �LG�� ��- 1 � � F '` _{j Road and Seaga Court. 9 9 y y 1• , /� � `�� ' ,\I _ `r least 775,000 gallons will be constructed on ha Corporation by Instrument recorded Me 1 t p� I �; Approximately 490•of e•line was run from the site owned by the Aspen Skiing Company at the• el ea Y S, I969, In Book 211 a Page I7 end (//\f70� � eau Stage Court/Stage Road intersection weer to Tiehack Ski Area. PEG II shall pay the cost �47�T�E�"�ACK x` ` ��• ., d �li sec eha mew Maroop Creek Club MaintenWOa Fac111t associated with construction of the tank up to EXCEPT that fret of lend as conveyed by frledl Pfeifer to Virginia Aspen �F_ - ���' e^eti �,•`�� (� • �trp..l ;�E wh10h Ss mow Oomected to th0 vatnr system. y 775,000 gallons. The City may require the al ea DOrporO}ion by Instrument recorded Hay 13, 1969, In Sod 211 a}.►pa 18 eM RD.ASPEN CO Y//�— �, �_4 ,: 0 , �L�_. p -;s'E' 10/1 - 11/1/94 Approximately 1,600 LF of 12• waterline le size of the same be increased by up to 40D,000 J /^�( '`- v� ��"�pC/:j� �;, being installed along Tieback Road and Pfister EXCEPT that het of IeM 09 COnvC =�� additional gallons, in which case the City red by Fried'Pfeifer to Ylrgfnie Npin $�6� 1 f Drive 1 shall a all incremental costs attributable Corporation by Inifrunenf rsor000 May !, I969r In Soak 2/1 a}Page 20 end \u\' _r'4 -�y d �4 nntn9 at a valve near the city to said increase in size. This tank will be corrected by Ins}rua.n}recorded Septenbef I6r I969r la Bode 11S e}Page S31 J,j:l x '-� 2 t8 MI6 t11991C P8^928Cae1om helot the Butterilk wetertar0a and ��r. �=� / j1 tie�4 into exietSag 12• main on the Oregon connected to the existing 12" water line that FJaCEPT that its}.Of lend a t r� I (-, h 0 'C I �fi'. Trail vast o!Maroon Creek runs from the Maroon Creek Club property to conveyed by Fried'Pfeifer to Willies Warren Club Lot 37. This House by Instrument recorded January 21, 1970, In Bock 240 et Pegs 193 end So zn/zozz r 12• lie will replace the existing Eagle Pines. A new below grade pump station corrected by Instrument recorded March 21, 1972, In gook 262 of Page 110 and DD 3n slznz2 ,���_`!� \\l �Ulh \ .. -Y ��/Pp tv .STATION ';y:- that currently runs beneath the Golf Course . .• ��•'����y� /s will also be constructed at this location to also HOA 2/25/2022 4Z \•4t } � and Proposed building envelopes. pump water up to Eagle Pines. FJICIPT that tract W land es en ed b IPERMIT 2/112n23 -- `r s � �, U•! 10/is - 21/ls/94 Approximately moo LP of a• line will 1w • 1 x \_ 111\��k) } !� �•� installed from the Sntereactlon of Tieback • ends.II'Clark by Instruent recorded March 9701970 tod Lois 2at,0Pet W9 r[I� y. '� _ Rost and Pfister Drive south to The construction schedule is subject to change depending on when and corrected by Instrument recorded Sep}sober 17, 197p,1p Book 2S0 at Page ��'�`'``_ i �, $ �- - • Lot 17 at the mtranx to SelWty beyond final approvals are obtained and permits issued. 7J9 and nueo • /%;• 'lj reaidmelal area. icaeelnu.d) • sec 'y rIr� '°, ..ji— , r, • 1 , ..• . ��' ��I �`_''� % % IIIIIII111111111111111111111111111111111111111uiiii111 ,.✓`- / •s jam. ;' � �G I IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIII(IIIIIIII IIIIIII 48999910/nn99T B9.�a NATO R6 DRYIs slLvs I IIIIIIIIIIIIIIIIIIIIIIIII IIIIIIII IIIIII DRVIS IIIIIIIIIIIIIII �� 1111111111111111111111111111111111111111111111111 / ))� -/. ,. • 109998 10/17/1997 09:9011 WATER AG DAVIS 9ILVI 19 of 49 R 22a.00 D 0.00 N 0.00 PITKINCO COLORADO .. 180e1949 R1226.007 D0.00,5941 N WATER 40aS98 10/17/1997 09:S9R WITER AG DAVIS 9ILVI ` (! 3/of 45 R 228.00 0 0.00 N 0.00 PITKINCO COLORADO 13 of IS R 226.00 0 OM N 0.00 PITKINCO COL',", 1 �(4 �- FULL LAND Reception No. 409559. C Reception No. 409559. Reception No. 409559. Recept• ion No. 409559. USE APPROVAL SCALE:1:118 JSCALE:1:118 SCALE:1:118 SCALE:1:118 RECEIVED 8 LUA.65 02/02/2023 ASPEN BUILDING DEPARTMENT RED ADDENDUM G 1001 Grand Ave ' - Suite 103 DN.pE Seel P7ION-continued CITY OF ASPEN ADDENDUM F It no, explain how Applicant claims atria. Glenwood Springs CO 81601 EXCEPT root tract of lane as conveyed by fried'Pfeifer to Louie C.Kaufman and •Appilcation .. • Dorothy S.Kaufman by Instrument recorded October 28, 1971, In Bock 250 et Pepe 674 and also for Water Service Extension KrI,ts fist ytby nn tend m recorded ebyl rr2,dl Pfeifer, to p264let Henrye Jr.nd The location of the water tank • will be on that certain ski trail that is known as ,Outside City Limits - Krleten henry by Instrument recoramd July tt,1972, In Hock 264 et Pepe 997 bnd Sectio's Ladder"at the Tieback Ski Area in the southwest corner of Lot 4 of _ also Section 10,Township 10 South,Range 85 West of the 6th P.M.,in Pitkin County, Cash in lieu of voter rights say be accepted by Aspen in its..., these documents have been EXCEPT that tract of land as conveyed by fried'Pfeifer to Capital Improvement State of Colorado. The Center of proposed tank is situated in the N12 of Applicant makes application to'the City of Aspen o provide' discretion. If Applicant requests permission to aake.a cash specifically prepared for ia70 Corporation byInstrument recorded Februar 0, 1973, In Book 272 et Page 401. Range 85 West of the 6th P.M. The East quarter water service,in conformity'with Aspen's eater servi:....24tr, policies, in lieu payment, please attach request, see attached Aequ¢st For Tissheeoci cTheyarenot for14efor P Y 9Section 10,Township be South, ordinances, rules and•regulations .. _ corner of said Section bears S 73°20ank E a distance of 2,682.10 feet. .' - locations t the The approximate high water level of tank will be plus or minus 8,465 feet. - without• Dp 1 D to SePtedlrs' 1994'' ._-•: .. a saiOn MalcenrvrO9[r . _ Rparotlu Eton VPf the eartlhtct. .psi In Lieu➢arequ Oiyp.a a requested - RPAL•;FSfAYE ol,aet a'D;'iJ) 1proval and in2. Applicant G(O TbrwestBank,Iewa N.AF:666 Walnut_St .a Noine Ile 50309 - • ® Transmission/distrf�tion IDain axt oaten witA master m t r approval of the arch tact2023 arrlDAItI, , ' IL2i 55iv HornIr+c $5 Tbnardi,.9104, •- 0t ,Frans ission%distribution main extension without master• W 01511,`13031 925-§587 • ® Mler'K� 'F�sae .eamlamiWrml ® other'proposal(describe) •8 93I1852,`pawweey 4 Vardenlerf P.0 730 l7th St... 9730', - - m 802O2 (303)•572-9090 and ALTCP MV7S/hiLN WEN, y gas the type of water service requested changed since Appli J3 v0Sff9fS, eC 215 s emcee) 910.[- 016111 13P,3J925-6587 • cant Submitted the Request for'Conelderatiies r .•� • . 3 Name of Project for which water seriicn is•.requested,d 1 . • - r 8 ' i• y. • •••0•j ei:s. ti x-f4. 'I'••:`• ,pFF p€w '..f . ; F .'; 5).:he_a: :ar r:' S J,.o rip -®• Y0 ® Ne Alb t -• 4. Applicant.is,the ownerof the cal'Propertydescribed ink 30 Has Applicant Made any,changes`or revisions to the genetal"1 .. Addendum Y,';and referred to im'ibis Application,as.eke ::description of the,proposed nee facilities'(attached as Ex• - "Sub7ect property - - " B to the Request for Consideration)? 5. Applicant has submitted its Request for Consideration of Water ! .,, Service Extension'and has paid all fees required in connection - wSth the Request • .. if yes, ttach corrected g eral de c iption of the proposed , 6 - gave ttkere>theen•any changes evssions rith the Req to e E tint) Addenda•1°2 and]or Exhibit A as submitted With the Requ at _ Lor Consideratien2'if ; tS attached to the p Baer,Fpr{foi}sxdatation' 11_•At therime Ap_licant submitted the Request f r C nsider ti n ▪•. •>It.a.sishc,.i -,i9 jTrolied h ag',pdi3 to It.et4.42 art9 had the Pitkin.County Board of,County Commi ioners aopr wed T a.rtaa . Lsa7®,'.ore Attn.fsne its 91 }2'-}}aM f4 '}n9e of -." - the Pr 7 ect 'Gene eat sub(Dssion approval n. ,b`6' these Exhibits'or Attedmentallsde been attended.If„yes, attach"alI applicable emended Addenda"or Etrhibit: ®'Yes• .® No _ 7. IL vatar•rights are expected to be tran terredl,to Aspen;,does'- . .if yes, cx r quests a 13 and skip questions 14 and is IL Applicant hava',rittee evidence of tit a Not,e)ppli _ n k p to question 14 y �•Yes 1 `® No 12. Rave there been any changes or revisions to _he documents: IIIIIII III IIII Applicant'ts ated Regqindicatingf rConsideration)?aa (as a part of IIIIIIIIIIIIIIIIIIIIIIIIII11E111111 111111111 IIIIIIIIIIIIIIIIIIIIIIIIIIIIII °a _ �- 409559 10/17/1997 09:99R RATER AG DAVIS iII IIII 111.9!)IIII/17/1997 09:99R NRTER RD DBMS SILVI " IIIIIII IIIII 111111111111111111111111111111111111 •17 of 45 R 226.00 D 0.00 N 0.00 PITNINCO COLORRDO 18 of IS R 226.00 D 0.00 N 0.00 PIf%INCO COLORRW 1 ?+ :: I 7 -- .� ,a9599 1a/17,1997 89:59R WATER K DAVIS 6ILVI -•" �, IIIIIII11111111111111111111111111 IIIII III IIIIIII II III :. '^ 'ry/°'.,J w TL js•" 409559 10/17/1997 09 99A MATER AG DAVIS SILVI ' 19 of 45 R 226 00 D 0 00 N 0 00 PITKINCO COLORRDO - ,�.A.Eme ..d 11 45 22a 00 D 0 00 N 0 00 PITKINCO COLORR06 1▪ A r1{, hf ii • R •a.!ew m.ssw%' 'F �• �A:.s kv+ .> t,``te9wfam,...., >'v - c a i .Ste.'-. Reception No, 409559. Reception No, 409559. Reception No, 409559. • Reception No, 409559, SCALE:1118 SCALE:1:1.18 SCALE:1:1.18 SCALE:1'.1.18 • / ® Yes I No _ tanks, pumping stations, water main line pressure reducing_ - valves and vaults, matey vaults, and vote[treatment, trans 2fi. FBe Agreement. Applicant submits witR this Application a APPLICANT ONDERSTANDS AND AGREES THAT ANY WATER SERVICE AGREEMENT e%¢Gated agreement for Payment oL Water service 00TH THE CITY OP ASPEN WILL CONTAIN, AT THE CITY'S REQUEST, AT mission and storage facilities required to i.sure proper st r fully- - -If yes,'attach syorrected documents showing the PitJcin County often of the em�,ensign, and/or to protect existing Applican3 n Evaluation Fees. LEAST THE FOLLOWING REQUIREMENTS. • Board of County Commissioners' approval for the Project main lines and core facilities. Detailed. breakdowns of th �. cost estimates'are attached as part of Exh&st C, 27-. Cpmpli n nth Aoea watCer Policy Resolutions- (Please A. All construction of new facilities or upgrading of exist- 11. At this time, has the PiClcin county Board of County Commis- - ... - respond en a aeparaee page, if en sooty) ing facilities-shall be done at Applicant's sole expense, to stoners approved plans for the Project? p pos _ Aspen's standards and p cifica[Lorrs, and construction shall be 19. Included as part of ExhmytC are the proposed commencement and oagreed -" - ::. completion dates of construction, upgrading or<oMe part Of WR - , •the water mains, lines and facilities_.-Attached.as part [ ] _ or_ ® o tom' ..B. Prior to the start o construct n, the owner of the .' _ ._ - :. - • ..._.. .. _, ...-, Erh3itC ss a preliminary Project sckedule(e ;:critical Bath • 4 :--' • '' `' - ce':charts .'for-the-constru<tion of she_wnter'mains _ -y: _ annexation Property:oes Subject Propnerty an .the Subject Property fis - t i ent with Aspen s th expected nvironmental imp .act If es :attach;(as a part of Er.. B).docueents_ahowfng such - sequen ) - ___ n t(e Sub]t Property Hater gaality Nure Subject y MPXd lines_and faciliti s - - ,: 'contiguous'or becomes wntigu us.to the Asp n: nd Aspen determines. Pitkin Count and.aliip gneatsoa 15.:;, - v -. ".. '- :w_: .+ �". -,;:_ -.: -:.� .- '•� - : approval by Y., .. .. . _.. . - - :..,• .�-.- -� � .- --' s � camfloes :�de mimans':' - such�annelmtion,is`desirable 'such'agreement shall'.be_recorded PP" • .t.: •-,_. . c ed n-e-.- v., {_-v e - v.Str - - v'h'.a reeme the Sub-Joe Leo rt ... _ '.`; f et:s:..�.. _:•r ..1'..•:.r.., :, ..,:. ,..:. - '•+ esi� drawings - - � � -and:shall'he a'covenantrunning i 7 Pe Y . " , • :" 'does Applicant Pfeife to' - 2D: the wi d'as a part-esf aEnit 11C are tiatednal▪ d ie ng - - - _ :la. When ed Sulalans submitted ed*Jn Pp .lines;and associated posed x ensi including - X • :. act.Co Pitkin County::'fie Pfeifer.,P[� - °- it lens for the Pro] , � _ - .- the vatec IDain, • ▪ �"- - Alternatively, p ..: .subm P .. ... :, •.. - connection� -o the ro psed extension{to th ._. .. :: .. : . .. ._:.. .. ., ... ..., .. ._ . ad:loops'and f proposed :.. : .:. -..`Conservation -'d.minieds-..�. ewyb :submitted,p sir It th[shart.of construction.:.�J .• '..• sibn was Lted:on.Janialy 13,.T994.:....... ... cxi to . - led aubnls _ slltAnl. -:::.... : - : - • - ; - ' : ,...detailed ... .:., . .:.. ,.._ .As en.s stem. _ .: :.... :. . :.._: a - �Aspen shallpreausst ...,::, .... .existing,_P__._Y _ - - - -c. Prior'to the start of-construction, E : <• :i., r::•:, L�f -. -r •- ante;-pope t .......m d _.. ai a _ -- _ temenr-•con- ..' - x ...:::.-• -:,::•- .. - .' . ... D�-attached is�an ope_ratianal impact:sta ��Water_quantitY :'de miniw9� per :'. .,.:. .. - :• 21. Exhibit (attached) _ perm and maintenance bonds and yen E ter d facilities tesentl available to se_ raining/information necessary • to permit' p- tp-$eteiaine th - _ rights or cask in li u tk reoP 15.` Are Water service an .P Y ant's.:'`reposed:'Or'terIStan on _ ;the Subject property?. "- ": ": o pen's:eai>ing fat ili ies and p -- '• - some or all.of, 7P The informatio - vies of 7mplicati n and Aattachments s(is:Ap liwtioni and - : - Aspen's eriould facilities and watersupply:' 28. Re hall •.;reviewed by a.Construction personnel p inspectedto burial the final ins4 llati or "' "• - + -. Cv;- ater'qua'quality, include requested v or-'capital', 'impa<fb - its.Add¢rda, "Exhibits and attactmne s t,attorneys.and other mDust begisten d--lots )anal engine. t P - - engineering,.and.P 4 sta d by_a it incremental-costs:fo;-capital"items,jincre i s'wnter,.: I -:water Y, .. $the' • licantio experts rmnti the?APPlica - ' Applicant•s;ee{if _i- -,.1,y, - s. - ens suchras electric:. over_and.,treatment tanheCitYiHanager_a 11PP" es•;r•,-: _ .ail ) -r=< k-a/ _- :+s -x- G'u ,...., -_;-,,. :..,.:• - _: _. - - mental:expense it ( , . P , -_,. dditional iniormation'u5cha'n9 ,- �=T' K .>:.. a . .. npoSa emotion-shall - - <-is'notd A r. - _ es'ar'tacilities- =''` chemicals)_and electrical consmuptio id info comment.... .... _ _ _ .,anon, ed, oz.SL a _ •� -- ti• .. •• : � -., ,., ,.- � :1 ...'•��� also include estimated man hours for operation and maintenance -:: ,�aze?xequired Applicant.:shall:.ba'-:pdroIDPt1Y:no�o�tiwRi�r: :".E E. --Before Aspen will�acc pt.any mains'din ..., ,. - est'for Consid -i.7 =the re sad facilities., • •=- : '. grounds;for disaporov pool tad::;Apelscant: Applicant shall to:CAsaen's attoma onvey or to„he•toma emeentsan ecessaxyoto .18-. Has any other lnfgraation,wntaSned in the Rego - 01 P lIe - _ 7 • .. ao i"it":been revised.ar; :_ <t: fr •_h,7lt : th s welles-required _ dditiona].staff aiin;thel enter servi spsten when'' . . ' oration, and the'documents attached, .. , ,_. _ r->L ., al or:the�a i ""- aze:,requ estimated gross-later -t. _ :.--._ 22. Attached as.part o[-Fx E _ _ _ - - -.: .:'pi be team enable teod-ooar _ . .. ants' '.-and water Slaw requirement for in-building .:requires Dta:;iL any�a - .. '' requires C9pd), - _ . .:.. >.. .. .. water.demand;demand, : : x:. : , ▪ r_de-nd? distribution and -: ,:: •- : ausend at Lull development,.estimated peek daily _ " - apotmrval-can De Oran written--liar of_a at and TI E HAC K .. Yes No .. ... + -demand .and estimated irrigation irrigated•iequ-an -▪.'.-: 29.:,E'ty eV: This_any Asp nstaff nomments,:she s .. ® •.-. and average daily : • - - -•• .. �: _:' '' -.'� : :,.• (including number square-feet to be irrigated:and•.;_-.� Hnhibits and attachments,' any Asper s pplicati� - 'transasssiD mains andialloassoeiated<vateraines and:"faciliti s changes, en g ... .: speci (ieme 4 _., __ d - RESIDENCE describe suck than es, revisions,or,amendments and s cial.amenities,-suck as ponds, Fools and waterfalls). - ::(."submitted to aka-gspen.Csty'eoun< :'If the A must be tested,at CK .. .If yes, _ q ,. Pe - _. as modifSed(7(�1ry a4reemen - RD.ASPEN CO • documents. ,-_ ..-: .-._,_..-. - -.-__... _...:( is thatp mao����Cobell�i� thereupon.conveyedendcumbdrancesCa by dad_infand - -. :attach.the,revised;.oz:amended ,r. _• . ... :.._._ ..._. .. __.. _y y,..4n -.,, .. aide. revisions"for:__.: Aspens itati a1W Applicant)., P_ (hem and 0 - Z3.=CAtta. ..- s.."part-of Exhibi -. the Pss P ementshall;be:Prepared Or the.City'and acceptable to the City A torney.. ,.� - ..n•-< :.:-. .. _ _ :alleter,;service.Agre _ ti -f :a 81611A size and-�.. _ _ , • - ;::-: `she Projeot,at Cyrfloor development, serve -including Suction, ._ = .. .-. . - -;"submitted:to:Applicant for eeuti ▪ s* ? � �,ar?_r1�.er- =' • _C. 7 :% .- ": a : .. _. 'on of fireflov storage to serve the subject Prope-tY: - 4 ..G_•::.As-built'dravings,.of:Athe vate:r::mains, lines and sso ,,. ..>- .....•<: : d ......i storage with - ,be provided to.. .:- ,, -•.. ..-. .......:._.. .r .... .- .' ,..::. . .:- - fed `oz if it:-is--approve ties.'.and allotkei-utilities�;s(all r rr - .c ::c.', . ... - - ?.- --tree - liCation isnat approved, .. 'eiated.faeili _ , .. . -• .... .....::: :.�. .:^•. ..2a_ Attacked as Part of F_rIrAB E is a:east-iption�of th 4eneral� _ ..If the-AnP ��t6is Applicant on;ahall be adueibla:sepias"with a aaxienna s•z of.24" r 16 ' 7. Ex sea l attached).is;a:detailed description of. the:eater - tion:of;easements.to be:conveyed.tb.,-Aspen. (Safer gain: conditionti-rinated tabs=-.b dodote<oft re pem Cris the Cityon .• - 'a• •( .' es er be cy Bated Constructed -;= - -mains lines•and facilities - '"_e sa'eaenes"must'(.20''in-width, or,larger-ifother utilities deemed terming a ]ecuon bY.the As .. - _ ,.. - CounciL`or-Xhe dat:::: pplicant rwtifies.Asnen-in:,writing that it is - _ ..•. ' - Policy-.Resolution its:ordi .. .. - . easements as elI: -- . .- _.•item Hance with Ashen.s,:Rater cy .. .are ao he_located in the ._ _ ) :-:.-._ ,-. ., '; PL>t _ P -umnllsng;to:Ptx :"further.:despite'"a ova vithyeonditions 1 d - DD 3n fi/2022 ath r -c0 • traction specifications.,,_,;. : ♦ .. - •... •_. - _as ze lotions and ns .__ ... . - -..-.. . .....::, .. �.--. -: - -._. '-. -.::::":•-:'. t `arties'.'obligations,other than Applf s 5.e pTap fee and sps`� dewlap-=^t fees.tied r the vater)sert• • .nanCea tConstruct' r 9i •and.._>.. - . ,. - equire.'if an . -t:;i )termination.. P the Cost of Levi..oL..:the Ap013<GSgna rl- _ PERMIT 221/2023 of s for" 25- Fihiiii'-F=(attached):-describes other-"condi y _ obligatzan to pay full vice provided by Asmen shall be assessed utilizing Aspen's preva 5/2022 18_ 'Included apart of Er/idfiE C are the- ost;estimates_ . ' affectin4[t(e cost or type.of construction required:for thss - 11 have any furtha_obligation t _ . ,. ..• ..• .t0.•. ,... _ ,. __ rmitpf r t(ee.`stru tore EorRWick°'servic lis sougrtt_cr,-if ldmq - ' - .,.thepcoas i g Aipeni sy own. ,or t connection Of,re.lsoereiui Project_ -- -- • _ _ _ _ - ost estimates are alsote ir.d'- ...:> .-} : - : -."-_' - I.1 a is:soug(t for an:esistiriq structure;;the tap fee shall be .•,- ''the existing Aspe,•1 sli tem._,�C 41I _ : _ _ - . _ tore • pagidlpn r tqr very o fgr.•associated.facilities,.such ashydrants,_va[er..s ,,"g - - - Ilcease and naitr.e.Party she other __. -_ deli t: t -to:tr t ssutur by,"Ashen N �- _ v.1< • .. :....i IIIIII r 'si:- IIIIII IIIIII , II IIIII III IIIIIII IIIIIIII IIIII IIII :... IIIII IIIII III IIIIII _ ��',- 1111111111111111111111111111111111111111111111111111 : .1 `(° . III IIIII IIIIII IIIII III . IIIIIII IIIIII DAVISILVI IIIIIIIIIIIII IIII �:. , ="^„r ,:.5 IIIII IIIII III IIIIIIII IIIII III IIIIIII II IIII ry? '� (-. �e �_:. 10/17/1997 09:59A WATER RD A.r.E SILVI _: y 408959 10/17/1997 09.59R NRTER AG _ 409558 10/17/]987 09.5911 WATER AG DAVIS SILVI - 409959 10/17/1997 09:99N Mi1TER AG DAVIS �"•""' " -' "�'"`�'^ 409559 �;: ••.. i`j+ ,- R 226.00 0 0.00 N 0.00 PUKING)COLORAWAI, - ...., •,., 6ILVI ',n.:. .,.-= 45 R 226.00 0 0.00 N 0.90 PI197.:MO. 0 '.r:`::as '�r`ir: 3F� ,:-a_ ,.a 22 of "-- .., • `' 2]of 45 _ -r:h •� - • 24 of 45 R 228.00 D 0.00 N 0.00 PITKING°COLORRDO :... 21 of 4S R 226.00 D 0.00 N 0.00 PIT :.-rr..y_h. '"3.. E' ,:.. ..,.,. { -,._�_ _ _., ...:.- -.., ;:-. :.?` :__ �r`-.a?jt::::'get� _ - �-: f;., K2NC0 COLORRDO s e ....:. 1 .a- .L., sat .- -h..." ._ _. .... . ........ _ .. _ ._. .a .� ... ...a. .,._.a.a_ :. .:.....•r... 3._ ,i6� C'rC.- ham. _ vovM .. � .r.•- .. - _.. ._.. :- .._ ..a.... -'t ♦ ama ..:. ... ..:. ..-- .,....: .. n•C .,,:-�v.i.- Yes 4.a+n - ... .. .r 'apw.s- - - - .4 ..- - ...- _ r. rsi.4/.v"(af"IDt t3•._. ..-_... . ��^ ._._. _�-�. Reception No, 409559. Reception No. 409559. Reception No. 409559. Reception No, 409559. SCALE:1:1.18 SCALE:1:1.18 FULL LAND (/^ SCALE1:118 SCALEt118 $ USE APPROVAL RECEIVED LUA"66 02/02/2023 ASPEN BUILDING DEPARTMENT RED 1001 Grand Ave Suite 103 Glenwood Springs CO 81601 iG .'1' - • ADDENDUM 0 These documents have been water service shall be provided to any structure absent payment of - INDEX OF ATTACHMENT •S '.!.> call prepared for 1470 ., the appropriate Yap fee an any applicable[lookup charges. '::,. .- Service n notherk. yprreects or not do other waterWater Extension spa Outside City Limits Asa o • ADPlicant,by execution of this Application,certifies that it Addendum I LegalAfsedption of Property • A' ' '` - - 'has read and'laders(a'as the foregoing, and that, is the beat of ADDENDUM 1locations withoutof thee apron utl d Applicant's knowledge and belief, the information supplied in'thiparticipation of the architect Application,the Request for Cenaidaratien,and all ettaChad docu Addendum2 Gene al Description of Project 1.,� The 6.0 aOIee on in Pltkin County, Col Orado, more Reproduction of prohibited without (Amended) specifically described on Addendum 1,Vhich will be subdivided into approval of the architect. oasis are correct and complete. - - .• three lots of 57,000 square toot, 75,000 square feat, and 100,000 2023 Dated: 5tM. .1994. •' Addendum 3 ',Water Rights to be Transferred to City ,.Legal cription of to. p Dea R al•Pre ertytoDa served: square feet, respectively, upon which Developer will construct a residential development generally consisting of three (3) single P � • I family free-markaL.Domea having an average size of 6,000 squats • APPLICANT INfElUC70H,E.weer 1 ° . SF^ 0 square feet of irrigated landscaping. approximately ExWbit A Detailed Desenphon of Existing Facilities `` feet, one on each lot, with each lot having �,pf7��� ;K �'k 'Piet as approved by County ,�'• (SUPERSEDES DEeCRIPTIONAorTNAY 20, 1992) 0 0o e a :BY.'.i' i /b1k'.•,3h n'/•, a 7•: ( , ,:: 4, ;y yin:'. YyN -Deigns ;s Y ._3 �y' ;•. Title 1 -,J i i t 'Dell specificapo0s ;: '�• DRTSNE TF A BRIOFABIIC IONTll ND 7g1110 ARTER1BT TOT .` y.t S - • tt N 8 0 T T A T NOR i• �,,e;Map of wells Of any),with perm,ts / > ., _ QUARTER 0P RANGE NORTHEAST OUTHESR OP SECTION AL,PAL MERIDIAN, K2 .:(* 17 t Fcount {:' PITKI BCOUNTY,caecaaDO,OMORE PARTICUE SIXTH LARLY ID89Ceinee is • umre c • M L++I 9 i} 9 , ;'... FOLLOWS,. - • • Exhibit B "~General Description of New Facillue3 to be Constructed BEGINNING AT A POINT ON THE LINE BETWEEN SAID SECTIONS r.t t 'nPItkac County Approved Plans to can 11 WHENCE THE seasons CORNEA COMMON TO HOTS eels +". f f .a SECTIONS HEARS S 00.32'10•E 1672.45 FEET, Tt j 1,a 6 t 1 ..:-' • , tf • THENCE S 69•59'10•N 6.05 PEET TO THE INTERSECTION WITH A e - Exhibit C Detailed•Desch non of Proposed Facilities , LINE PAMLLEL KITH AND ADJACENT TO WILLOW CREEK I a.0..0''A,r :, .y,rA- r.,,. t'i.y t Detailed Cost Estimates i 4S.. aY DUNG: +•'P S ''�/( THENCE ALONG TOE FOLLONINO COURSES AND noeeoSCE3 j 3f.r' Cntfeal Path Sequence Charts PARALLEL WITH AND,ADJACENT TO WILLOW CAE"DITCH, 3 "' 1 f +Ftml Design DtavnDes `±'T - - ) Y6 N 37'/7'O7•E 5!.l9.lEET, t} H 47'00'10'W 49.01 PEEP, 'f "'Y' -b y 17 1t P N 17.53.07.W 81.02 FEET, s�rca, e' t Exhibit D Operational impact Statement N 66•I2'11•K 77.99 PEET, S (. . r } N 29•55.54•N 124.00 FEET, ',.„ •F } N 54.14'02•N 47.08 FEET,AND 'k4'' , { •N 37.01'16•N I.3I'FEET T0.THE INTERSECTION MITE ,rsncn,aeuxwr„s,:mn woo A Exbibitfi Descnpnoos Of: Tea SOUTHEASTERLY LINE OF A SKI AREA LEASE, .0 f b y' 1 4 4.,o Gross Water Requirements yf M�xf� THENCE A 46•05,43•E 537.75 PEET ALONG SAID LESSE.LINE, > a FMIefIOw PrOv151005 �iR4 THEWS S sine2 FEETNG To TEE OINTERSECTION LEASE LINE 8WIT84TEE NORTHERLY M,r 1 ,- ' -�-`' 7'^l3 .nYf E83CIDenC i.00aDoen h q LINE OP A PROPOSED FORTY FOOT NIDE ACCESS •C,: M L`" 4.t t• t it i tr' µ'.. "3Z)a..,,, BASEMENT, < t41 cl Fk' 7,jf .: !f Jli -Y•Y ue,,'t THENCE S 20.30'16•E 40.00 FEET TD TEE INTERSECTION RITE ♦ t TEL SOUTHERLY LINE OP SAID ACCESS EASEMENT, 311,,?`•'.ti~J t5.. t fixhlblt F.G �OthCt6 Ddttl " '�, ( { 1 THENCE 8 70.54.16•N 227.93 FEET, ,'(, P • t 7'- J 9r .�S3 .f /2 J f-3 b 1 S THENCE A 15'58'00•N 339.31'EMT; 'Pre t o Y} AAl, ' 7 �J°!S '•i'•NO. ,:*{; x�C{' d2t4 ; '� •('/. I 4.3 4 )H,�+ >x -6, f iK/ THENCE S 55•s3'00•N •54.70 FEET, ++s•. 1. at + - •:::4 aT P ••k,-1 -#"'R[.log, !t l'"`' �2 F,, 2.:,,, L e"`V:y S 3 o•, THENCE 8 89.50'10•N 110.18 FEET[ ? ''s y yak • r, '4 4 �, THENCE S 19.58'30•M 130.1!PEET TO TEE POINT 0! !' N' l k5T SYa't - 4i)'." 'F•J a '( A, r x7, BEGINNING, i x $t C i Y J : �t rir • :( '/ d f , ,t "� CONTAINING 6.060 AGREs,MORE OR GESS. ''..L,' f �,.fi {9,7!4;'d` 'Z e y- 'lye f ,:� e I IIIIII IIIII IIIIII IIIII III IIIIIIII IIIIIIII IIIIIIIIIIIII .r. • • '�,•-', l".' 409559 10/Sl/IB9T 09:59R"TER AG DAVIS SILVI : ,-,.1'+` °., ': ,, IIIIIIIIIIIIIIIIIIIII ::. •fRs i t .,A, I IIIIII IIIII IIIIII IIIII III IIIIIIII ,._ 27 of 45 R 226.00 D 0.00 N 0.00 PITKINCO COLORADD ; z. 11111111111111111111111111111111111111111111 •7:z' III IIIIII IIIII III IIIIIIII IIIII III IIIIIIIIIIIII '• :, } ., 4M55a s 0 221//7 0a:5/R HATER AD Davis s1LVI . ix, nisz.gsra iL,no ebangea: anee ambmiaai II f IIega. Let • 4e9559 10/17,1997 IIIIII *.. L.,:.,: I IIIIII II w -.: o D.59E .•-�'•',$,i,;. t: 409559 10/17/1991 09:79,1 WATER AG DAVISDRVIS SILVI ;ry,, _ •;: -•'>�,.....` .. " no of 45 R 226.00 D 0.00 N 9.00 PITKINN CaLORADO •11, ma 4'- y 7{ f 45 R 228.00 090.00 N 0 00 "r:T t:-i6'f 25 of 45 R 7/1997 D 0.9A N 0.00 G DAMS COLORRDO - I,y*,'A^ .1 L+.x;?, :'Cam e'dr'i e , • t 1 . ,y WATER AG OAVIB SILVI .. 'i ';S "ir;?Si> r .r-c.; �r -,•�_ , - ••' ,<:..�.. .;gx•• ,r+:':�rNy�. - {., y� t P1 o coLORApa ••ik tS.. _ 16, i1r,. f` ., k ti 5 k t" 'Try 'X •1 . ,.};P,, }f.,,,. TKINC F - SA�k � '::(fs• �:, � �r 4_ DatGMOW-�'`•":k i6a6� 1 ,,{�tt.7-- {„5� ' 'k- `-•• .'FA(4e: r '1''Y L ),.,y' {-A •M44a �y� .T"S?. :�a-:l'i� w'fw +,`n=sv,1� .,% x ' � .sw, ��= •� 1 „Data^+. .. a },vlr;�+n" 1aF',� :i� • -:s A• fi. ':f a, •�. �.+,6 /-' ASSi•1.- 4poaxa ''f 2S"e .-. _ st;,,,', :::t4• ti�. �rs'9;•, .+':�. 1 n#.J.'4.'"dF.T.. .,....., '1..:�.�: .yv.r• >... i' fix:::5135- FZ .<rt '�' �'�`kR. .... �f`'.e ''`F�y&!�,. .. ,...... :w... '":,rv»r.�:y•.,h�,.-<, Reception No. 409559. 1 Reception No. 409559. 2 Reception No. 409559. 3 Reception No. 409559. SCALE 1125 SCALE:1:125 SCALE 1:125 SCALE 1125 4 Water Service Extension " Water Service Extension ','.,Water Service Extension Water Service Extension OutsideCityLimits Outside City Limits Outside CityLimits City Limits .," s .. . ' ADDENDUM 2 ADDENDUM 3 91 - EXHIBIT B ' (A•mended) en a EXHIBIT, - • NO CWUt239 sIIXE,S'UH•nSSION(F eRPnt&S`I FOR ODtSmERATICM. Wp p 5 SIIaaF.SUBMffosimo l7P R�116T FUR mNSmFFA1'LCN S':. .dA CEEW(7S Snl(E StffiOxSS0CN DF RW(H5f PUIt Ntl"+1DERIdTQi 'sI2YE sUa41ss1CN"Q'1mQ(A3T FWi Qt i�AT'1Qr Description ot'PrSo ct ! , : it .x, Description o!NatC RSghts to Be'Transferred to City o!Aspen Description af.Erhtlng Fac+>22es: General Deacraption of Pr p sad New Fae&ass Name: • .. 3'Y-: Name of.Right:. - -. :LenBO of tranamieeion distributionma ± t»+r a >%,..,: :'-" _ _. .:.,'?.,, t�`-,�:. -Amount.,. : 1„•.M. 4th / in f t 'y1i, 14'I..W;X.*: =' .;3 w•'3i 3n. _ - . ...: .... .-. ..., ,. fi P / N �=r .:�.... -, .:-.....: �.:. _ .�•:.: .; ,,.:.. . .I .'a .. :, 'ot transmission eidtrinut,on...m Y .r C'•st,.y., yy. ,Ss±,h-... .X.:, j' �,.',;, .. ' -.-.. .>;.-•z ..-:.:..... -.'...-: .:.,-.. _. .,, �, '._.-. .+..r._ ......axsx�3+ :., : .'�Ag / sins other facilities... +k, P3 ..,.. .,�}','+II'a'g",..to ¢i ht has:been'.decreed ,,.. b ,r.., . .. ..n. +N '•tl:: `6',NrA�:,•,0,,:e, .e•: If water 9 4,.,'r� . ... c, . ._.-_.'=:..Ad]udl•eatlon D ,.. ..:u.. . :�, .^... •' • . .'M`�Art°' I'. � 7* r.. -. � ��/•3 : �-� t :sj s t X'' (��' - ... ..:..�..a,.;ix.;''.' : .a.,.::. ....._ c.,.• a ik a Yi/�, t7 r"# :� - .x ., .,:'•.:.- 'C S�NUIDber:' .. .- .. ..... ,.,41., ln: � 'W t t rag tanks(umb t d c CyJ. '.:Y i. � '. ,4 � :. 4 -- • .. ( ) ... t...t('f:. ,.•.''31 ✓vie �wl C ?y: rsi' Yd'�.1:T.r�� Number of units: 1 •..:,..T ... • • _:.r'priority pate:::.: • • .,:..:....1.. , ®.'HYdr t (umb r). _ M ;6- 7 7'4�`aq i•`,tf M ,: '� r:... • ._. - - -:. :-v•>. ± 'A'."..:.:• ri • ht: ... stations number _ 7t: : ,c e t. T7ir .. 2 •,`<fi'L'=r: .:.. t.:Otllar'deCLeea,r,latin4 to t1,ls water g ..' .':. �';pDmP ( ):' .3!tk' f'/`,'S•. 1 k .t } AloR., _ - 3) •Z.... 5„n`:" :'"' 1,6.`P`2"-r :..:. - 1 'A a 1 3 ..s 7. :tul•kr r ;. ( ,,f-., ®'S rvi<a connections,per structure(number): � 3„ _ _ .,., ,.i.4.- i�7. Data - t kV,•au. kr 1iS i'_ ..x,y .:.:.:. :.;t.,�,;pil.gt:., .�-. :..: - t3•1F,`. }l 'St h dS " L-.f:7 . _,.... .-P=:. , n, . . ...J.. ...e i:.Y • . ell 11§._ nd capacity o' each): : - ..' 'w f•Y' __ -tf '�: '`'t::. t•`'ia"s. .b<. .:- .:.-. -.:s are feet/uni (l ., ..,,-. F x. Casa 3}:,mt,e,•.. _ ., :..: T a i'r .y+ ,4. ...it MK. <., ... .:. - .x ., -'.:: -+k'� :�3 y,3' �•»,��wL.. ..P;�'_i a:.• '"'`'. Tyme o£pecree (.,.a..=•r-.a.q.+.-+ ".).ti=. b t. - .4trachmen6W•Ezk7bftAmnst include t :i.Pprozimaa wiz 'e.:.P anami ion/d,,,M, %utios.ma'inls iv1W s i-- - _ :.- I ) _ ... .. .. ....;)}: ...:<. ::r.,; ..-...•:-.: .,;� t' - '•S3f :iJP w'S.,. '�:1RESIDENCE ... .: 1.= ;_ : ----.,,,,,,,,,,3-.• , , 'PLat"oi%the Prolact as'apmrovad byPiticin coast 3J a4 • ,y',•r' �•,: �- Y APProximatn length o!Cranamlaslan/distribution mainsf', i � .:...: ..: ' `� .- LJ �-Aa-builtdrawing sh0'winq location of a istirg m .•.•.• -•y.''r • -. - .. �3a"tP�' yr, ,i. • •• ilities • �1f,.? RD.AS1470 PEN Co .+'3 tk, . _ .1:;. r, .�.i*kt,i-4.fi ':;, ':r< )(,: t:11 .., 1 ... .:.. .i"` Watex'stoxa swanks C apa<ity):' _ ,-: .... 4fT�yw•.A.: -.•yv_ ,. .., `• :D1�gn dz wig d. c f cations f all e g _ g.,, .„� .. r.• 81611 ' _ �, -..... ...... .. :. .. ..: ...- - . :� ..... ' --lines and.Eaeilities e ,- ;,b•:i�+.'�ra A _�,44r _.,.: .':f '_,�e,a '1F;-f • :-:,:_.- .:�`... ... -. .: ............ Ar,. �-x3 S ♦A - _ -'- .,� - .�� •*'Y'10f ^�Y..rv• ff,.-. .-"r''' -: .•v V .4,'i'.' -i +L ( .J .'I` (numbed 'Y :•i4... - ... __ : .. •ay,�My.-:. :d,.. ..-;:,' .'„L ..'!'t. >•l t k,f, eydraab 'S.::.:. "' a.: '.::--•' •.,.::.:. - -:• .. ,..;, , -..•'.""., "....- .::T t 1 exis.inq fixture count per's.xvctvre- • • aDei..•r.+y0-r�0�». �. +�1, .. .::;. -:�:- -.. .• . .;ti c.:.a di ....: .. .: :" C S` .T� -e®.�p,mp aiatiansA(umber):4- • ��2 3 I I _. .;.:'Indoorsauare Cset_,:_' - -. -- .::: ' .}w • 5:- .. .y.,',:.'f-' = V.,`... t ..J •Sq r.C.Y �i,. .. . .. - �..ta.;._.....ti.. ._..-- -- .:• .r.r ..r.. iAk.: ry-,.r..;s:=� ,�n. �r::t.,T.:�,�_,...,. 5y;^'. y�,,, 3 ..�,. - :._.- _.... ..,. :,7.. ..,...�.: :... '. ....... '�.:• 'aY..� .E.R _ s-number-..y ,-�Ftr,' -j(,x..�,•:. ..?�+:iii...s SD 2/1/2022 '...::.'. ::::. .,`... ...-.- -..,- ~-ROCOLds of Ctl ant water u .4.':r^.- S(.mct LbMlCilO ( ) ,f A, s«..O.: : - _ y..x . DD HOA 3/16/2022 2/25/2022 .:• -' 'k:'/•-3�..�9.''S:.aT'L: a+b,7.4.. :..- �- -..:.:... .',.�vi .. - •� �,,�±� PERMIT 2/1/2023 • 1.:,.,,., .,r.,_,..a..;.• .-... ... ,. ,: .,.. .. ..... ....�.:�-. -' --::- .,: .. _ ,f-.eDn,:existing faciiitiea serving c'te P_oie�-c -inclose' _s.ANaeh�to;Fshl3uB mrur inelud� �`� e�C„ :;^. �,- st, • '- -' individual'di,c unity:wells,•��tne'attachments,to.ExhihitA '� :`' 1 ;,,- �`�lyr ��.T'�'.l., : �'t'' ,,' I IIIIII 111111111111111111111111111111111111111111111111 most al `includ w .A eval al.the Pro.ot`bp PLtxi c :Y �..<_-, - - - ',,,,k:.;. 309559 5 R 225.00 09.00 WATER AG DAMS SILVI :S?.: :> -';-• ... - -,. ... ., :•. . :. .�r.0ocumants oho iDq. P j - IIIIIII IIIII IIIIII IIIII III IIIIIIII IIIII III IIIIIIIIIIIII 30 45 R 225.00 D 0.00 W 8.00 P :- .- 7YF,_ .f;i, , g ,, -:, - • ---- IYESa 10/l7/Sq'i Nr50r1 NRTER RG MVIS SILVI -; PITKINCO COLORR00. -' � >, ,6f•.u`2 w ��p M h 1 - Y 11 lie Pi..: .,:i 3 i.t '- • 2/of W R 220.M D 0.M N 0.00 PITNINCO COLORR00 - - - - - - 1 y. _ "1 V _ � -� _ :Gi • • rr Disregard if n changes since submiss:ov of:Regva3t for, �� 11 11s: - S Y r is 5?)3 -'J ( 'YRL4'1,9a1 '2 4;i47'' 1 `C ids atiov - .. Disregard ch q ubm as lma of Requ t f r _. yn.�:,, v>f- - "S a af./II " t 'f iFW . •..J• ea sines subei atom eat for - •.'`n .�w ,. -- - Covsiderat - Diaregmrd•;+if415.0.e.eba g nve,l:fubmise ,..,,, Oisreq d iL a-ebaaq -of aeGu ,n •. . .A' ';: . . , S .-. - ,. asidaatien.;Rk+`r:%_s,•., .1....'a _ .. coIIss_daratiam,,. ..,r•�.I•-:•.'-_'- ••.�'.. ..'_e 5.-.' .:..-.-- - : ..r-.. .'•'6"�•,`> ' ; ,.,-:.".:,,,. .. emu.,..,.. . ... .._ 3 . , .. .:. • . et ,_ •-.,. .. .�. . .__ ., , .,/-,.:W ,. - - �• IIIIIII IIIII III IIIIIIII IIIII III IIII IIIII IIII . �Y � LL' ,, :,•_..a..•v n.: .W...Frri M.e,. .41.....ici.'. . _ .... :6 ,r� .- .- . .:.,. IIIIIII IIII ..�.5.,,. - ' 13�� . . IIIII III IIIIIIII IIIII III IIIII IIII IIII , ..,.. .. ." 0 r�. .x7 s: 37. -• t. ..... ' .. v.'> +,:: ,:::YT3' J '3I.1, :::_- .- ,. :' /09559 10/I7/1997 09:59R WATER RG DAVISILVI %e IIIIIII IIIII IIIIII LVI '.`"±:�MData x! .t�'.$e. ,3• :. {'.ek:}.';Z•.,.f..b."rt+�ar ;S;y'A. :.,,g.. Dntn�x wxi t',3=...- .::5 s"e - - - 4$,,�� `t +,3�e,••� Yf 1,Y,rsw�4fm+�a�e .• Date ' Dot ::pC'oi 329559 10/17/6.00 09:.00 NRTER AO DKVIS 61 ` • ':•r � g�- " ' `n:�}1^a<;F;-�.,... � ._ .•.� ad .,,.. -_ 31 of 45 R 228.00 0 0.00 N 0.00 PITKINCO COLORROO ft'-Nj.'t,r' . . ..:'•:•"::n•• .....��^��- �... ..• - '..... ,t- . . •. ��� - - - V.. ... ._., c_,Y� .. 32 of 45 R 22fi.00 D 0.00 N 0.00 PITKINCO CaLORIIDO , .. FULL LAND Reception No. 409559. C Reception No. 409559. r Reception No. 409559. Reception No. 409559. Q USE APPROVAL SCALE:1:1.25 J V O SCALE'.1:1.25 SCALE 1:125 - RECEIVED LUA.67 02/02/2023 ASPEN BUILDING DEPARTMENT • RED . 1001 Grand Ave • ? - ATTACHMENT TO EXHIBIT C I' if i� • Glenwood Springs • j i ri i'�I 81601 Water Service Extension • I C I :� "1 1;�f i Water Service Extension P Outside City Limits DETAILED COST ESTIMATE 11 I i I ',Outside City LI1n1ts - 1 1 • ......... : -` EXHIBIT•C 1 �+,�'l�l ;i 3'; EXI3IBIT D ITFM UNIT COST TOTAL COST r 1.Connec4on to EnsUnp System 1 Each @ 51000 $ 1,000 P 1, These documents have been I iiil - specificallyThe ore tl for ble f -ylyrf " R 3 I eCe Tiehack.They are not sutlable for 1. 0[ 1 d D pt f Row. r[Ipgr d d Fac 1 t 2.S Waterline 160 LF @ 560 5 4,800 • t • x • �1996 • .1... 1 •• •• itlu lei date-tint °P 1 f aterlsuiolt locations wuse on ith ut the pproval aner projects or in d on tract Ion. S e 3.Fire Hydrant or Howell 1 Each @ 52000 5 2,004 :---- -?' t t I IJ PLe p ti st t E :tin: i t P tend v 1 Y vPiop d t f L r sad cos let on ttru t :r bhV>y rr++lq It Q - c t �.R opo sp - -, �". Total Cost 5 7 1 ;' [a pad includvl4nr tital1'it lcrP�ID tale:zpen try -3-^^x Reparotl on pthh bR :x9._viCC - r 7 n { ' - i stdp t lrova chitet. E ti aced co tot c afro ti ,800 ...._ val of a arch tactaV i'•."`f 4.014-u+sNl. tt.,..r "svi, gg.areyy g t'.9't_tit -�-t»-' � '._51s•DL tiananiss n/dl,,,,,,3 I 2023 / .•_ ,,,.rs' '.a.'.:. a ,; drawngaceeob. N'z, ; F..,•a-f:A a .+i3 e�> CRITICAL PATH SEQUENCE.' Lengtb ftr n is 1 /d ut ti t t L. I I .. r� . , ,,,- i I • pia--II _s. I rR�a e1 rtc p ei tip d t att 1� d 1 t ; ( a to ' pt t d i ti h lIf lh Pr B d f 11 t1 - � h E x e The estimated time for construction of this project is two weeks.The construction is straight- I ®:-}7 ail t N[ fnuabe and P ty)- l0 1 9 ' - ; �y, t t _ - forward enough that there is no critical path applicable to this ' • ®.hydra t (mum ) A sill 4Nx1 tt nhzd h -.et :_:t project. I 0 0 + FINAL DRAWINGS I / ���i ®RPunP t[Ions(nunberl_ NoAer i ke,,4{ ''�� Jet 'r'tvt h ri-fr'" + See Sheet 1 of 1 attached hereto as a reduced drawing. Full scale drawings are available. 5 i,i r -' I I .,.3 ®/Servi action .[number) 'r. .,.." ' _ xs., I I Auiiith-as to Exhibit C musifnc6ade�.5 r7 T f,, - ,p �i,P.- `sIii 1 I_S t � 1 t ;tf p, . .Ww erfi .. F 1.-...__...,'"--__ �\' c T k )1 L tf�.JTi 3 *t a f-.Yty,.- `, y 'V-vite:. "s.v'.. ,•� tc. S I :_ l-'--'- ._`.`T__.____ •-_�•�'' :Ig i .. p d..1 �'`y' y 5 . r`'�.�,,,F .''' ` S' �- �4 «� 1• f// ` 1 - { r= a'i�- 't' r 1x.X„es . YB x r a„sr- • r%, y`� t' 1 s -o F44r ;tv ,I...„,`tK: i 1 / I 1' p :':� F''` i` a+'s's-,�- • y aT-4'S�g`'S,t' ' +t y 3^ '^ a -�„... ,. , ...-y�ts s t, I f' I `� IB r ''S o- fe�s fi,�tk L3j 'x , .,,1, r " r` IIII IIIII IIIIII IIIII ICI IIIIIIII IIII III IIIII IIII IIII ,:'., _- I 3 Y _ � r a , r""' t`"u`' `j`_' - ; h'S °e },Xs;: III!!9 10/17/1997 09:59R WATER RG DRVI9 3ILY7 - .�^ /?- 7 _ ' ' tom. } ....,,��{{ ,L �'1Cu� L yy y..� , tar'ye4 :4 e{ ]4 of 1!R 220.00 0 0.00 N 0.00 PITKINCO COLDRR00 I ----1 Il I IIIIII IIIIIIIIIIIIIIII III IIIIIIII IIIII IIIIIIII IIIIIIII )�4 • 39 of 45 R ne.oe D 0.00 N 0.00 PITKINOO COLORWW 7P-.f `t1..'.,,_� 'i12- ,:,K:v - 109559 10/17/1997 09!9R WATER AG DAVIS SILVI ! - 7 4 0 ;` IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII l4 . era-- °oaooN --lee_ X� a 409559 10/17ner a 59R WATER Rq[K i2 SILVI '7}fs,.D t '' tij I IIIIII IIIII IIIIII Ills III IIIIIIII Ilul III IIIII VIS Igl VI J 'v 1f Wi Ky '+�� � t""�3•rift* �";� ' 8.00 PITKINCII COLORIIDa!i.X:.: ,-.w-z +.e' t,.-,---r.. .. .--•.` r.;•- 33 of 45 R MAO D 0.00 N - 3!of 1!R 226.00 D 0.00 N 8.00 PITKINCO OOLORRW 2s ,� .qr.•'.q, ' Reception No. 409559. 1 Reception No. 409559. Reception No. 409559. 3 Reception No. 409559. SCALE 1:125 SCALE:1:1.252 SCALE'.1.1.25 SCALE:1:1.25 4 5 •L- ATTACHMENT TO EXHIBIT D _ " - ATTACHMENT TO EXHIBIT E z_ •"`-7 n Lcr7- ,r*;', � Water.Service Extension x� ESTIMATED WATER REQUIREMENTSII' Service to these three residences will have an incremental,Na very smart,impact on the QUtside City Limits rr �V3[eC S Ce Extension yL. ,r-R I fat Imes.The oral average day and eacsumm r _ - For Wrposes of Nis applicaoon,it is assumd[hat each of the residences will average 6,000 nUtSlde Clty L11111tS 'x ,1 zistng water treatment and water supply t g y p e of 0 GPD end 7700 GPD respectively,represent less than a n v-C77-p square fee[in size with an employee unit and me have approximately 8,000 square tee[of �"' - h"N * flow requirements 60 0 espe y,r p one EXHIBIT El S percent 11%1 increase in total production requirements for the entire City of ASDen. - ... = lawn that will require irrigatiu Wugh the domestic water system.It is assented that any •7� additional irrigator •requirement wdl be by raw water applicaCon t ,, L': II- • , E 1P--- . No negative impacts on water quality are expected. -- 11 f'.v • Plea attach a description f ..rt e 7 c f d Characteris4cs of the water use requirement for this project era as follows: r x -+n ¢""� ; .. `f f+'1 f''-"A 1-'eL 0 i= n .• 4y\ - ) �Ct -PVg.:Attap 'b f ff 4 T a . Bv'. : There will be no incremental costs for capital improvements. The distribution and storage •• .....° E _aatea ter•- -'f+ d f -th - t r -e^ 'gr equipurp t (gpd) d t i f • Total estimated ECU per residence: 4.5 ECU ,,. tl s t 4u - c y,hw >-- requirements for these units will be paid for by the Developer. There is excess capacity ,_-r m."• nt ;f '1n,bu ld4nq;purp "appr d-ttu ur ,- F _'f�_�t d.f L t' p e=po_d t b���zcted'� y�:, mil. available in the City of Aspen's water treatment facilities for this project abd us s-0 th Subject,P arty t full d 1 p t and Total water use at 445 GPO/ECU: 2002.5 GPD �=±.: a „-. ,$ ��} • tad.str t d[' t art.4 ] qulr s t iitclu`danq ♦ -'�`:' • - ..i }4'� - �{ ,!`': There will be incremental increases in costs far treatment of the water requirements for this ' umb f guar f t;t b ]rifg Y a ttyti tad.vote• 0 '� "yam'- .� r 3^" !q project. Those cost would be in proportion to the incremental increase of total water -`,ate L, - >3`' 5' -d.;L-`-' -' � -In-house daddy Row: S02 GPD ^}�'-'s. " °' „ � ,''' �k eI Dr P ems.- oy_a^x' ,• �z d - required on an average annual and peak daily basis at the treatment facility.Those cos[are � s_et _ 1 d_q 1 to - e and a >pt a� -Lawn irrigation requirement: 1202.5 GPD � -�V -=^'�,c .^�R i< ;� �,+ ��j�7li� .y� i- f f 5 t th-5ub3 rr ce r' '-i -,yn -.4'7`bx E "3 4- .. 'qY. :. normally recovered in the service fees determined by and charged by the Water Department T } 4` g y 7�°p.'yuy.+�,:y.- 1 Z -rx-,� t -s_Y�� "� ,ai'}`?Y�`y l c is t b y d:t P n -tar t _ • Peak day requirement at 570 gpd/ECU 2565 GPD su 4.' 1 ±s4 `i}«rc"'- 7"- The estimated increase in operation and maintenance of the distribution system would be four - c;be 20-' dta t r„1 g t_-ot5 - . ' ,i',-.y, , �` Y ''� f 8`.7 - manhours per year to exercise Tine valves and fire hydrants on this water main extension. _ t -be:1 t d th t 11 >, Total water requirements for the three-unit Droject,therefore,are as follows: : '. ."•,fi g. '� >Fx { x _•r-+ d raNc w ts`«'� ' x • Total average day requirements: 6007.5 GPO -x�' - *> ce : ' . a t ti ma y { s -'.� 4;-x TIEHACK }�d y- t is tGA$ .. -Total in-house water requirements: 2400 GPD .� „✓�3S +�7,,117 `fd - 4 gyp, -S X y RESIDENCE ... _ _. -,_oeer�Goosed ea eats :_,'-_-� __ p%'ti.:-.-'3.�"'�.�.. -Total lawn irrigation requirements: 3607.5 GPD �_X;,, r„f �a" 2,=p.4`• ••��%� 1' ''�'"� • Total peak day water requirements: 7695 GPD s • ,w'E4' 7 € ,, '1 � 1470 TIEHACK �{ `'A ¢ !9- 1- - RD.ASPEN CO FIRE FLOW PROVISIONS 'F �`-rN-- ,� r --. . l' ? ,s'✓ „y 7 : 81611 This project will be served m conjunction with the Maroon Creek Club and the fire storage �-.,�.� `� '� ` Y `4 a tank constructed for Maroon Creek Club.The storage tank for the Maroon Creek Club project , fi�� Y a--v ,` :�.ns..a + has been sized in anncipetion of this project -r g =...f ¢ }f,V There are two existingfoe hydrants to serve this project.One is located immediately adjacent - -7J� f4, .g -'" `1..„.„, 3-' .. SD 2/1/2022 to Lot 2 and the other is located just t0 the west off Lot 1.Depends on how the waterline s 1;,� `i a'i.�i`" j3 riy..,�„_'q,E ..- e^` DD 2/25/2022 is terminated widen the project,a Hurd hydrant may De located s he end of the access Ep:T3" �,-�o� ,I k-3. V �T etzss PER 22/1/2023 terminated to Lot 3 3 A. ,,,,,,- drivewayPERMIT 2/1/2023 Each residence MI have an interior sprinkler system, lib -�r'-- +'•'�' y-r''' o. _ EASEMENTS •?� .Pti''--- �---,,,,--...if -�,,.. _ The...din.extension into the project will be run within a 30 foot access easement(please ' 17 "` .r, •; rF' � •, ~" " . IIIIIII Illy IIIIII IIIII III IIIIIIII IIIII Ill IIIII IIII IIII note that on the the 3 drawing,only me the 12 foot pavement width fo the d vewey i5 Shewn). '"..o �s . `2 ;,1 .,-'d4 §` tom' 409559 10/17/1987 09:591 WATER AG muss 9ILVI I IIIIII IIIII IIIIII IIIII III IIIIIIII IIIII 111 IIIII IIII IIII Included within the 30.1oot easement will be the other utilities to Servige these three umis. 'b • 37•1 4!R 228.00 D 0.08 N B.M PITNINCO WLORIIDO 409559 10/17/1997 09:59R WATER RD DAVIS SILVI +�'- _ �'�'^! IIIIIII IIIII 1111111111 IIIIIIIIII IIIII III IIIII IIII IIII , 9 � 0 3B•f 1!R 226.80 D 8.00 N 0 ee PITKINCA COLORRDO I IIIIII IIIII IIIIII IIIII Ill IIIIIIII III III 11111111111 �-,-1 �- . 40 of/5 R 229.ee Cr 0.00 N 0.03 MEDICO 1_70,;Y�W'00.. -,: 409559/0/Sl/199T INI.59R WATER 11G DAVIS SILVI +47.L� L -ate,.. 409559 10/17/1597 09:59A WATER AG DAVIS SILVI ,w �'s^Y- .-y- •,� `+E -:.{+4� y` SCmMUESEe GORDON MEYER INC. f. ° _��� 4.�-sL`.`- ?�-c-�.: :n:ie:`..'�.s`2a,•.�...-.- _ 39 of 45 R 239.08 D 0.00 N 0.00 PITKINOO COLOMDO '-1�y � ? a`�'-���.`3� �. d�yy� «,Fi*3�� FULL LAND Reception No. 409559, C Reception No. 409559. Reception No. 409559. Reception No. 409559. SCALE:1:125 J USE APPROVAL SCALE:1:1.25 SCALE:1:1.25 SCALE:1:125 RECEIVED LUA.68 02/02/2023 ASPEN BUILDING DEPARTMENT ATTACHMENT TO EXHIBIT F F .E D EXHIBIT I{ be the responsibility of the Grantee,except that Grantee shall repair or replace the surface of the There are no other circumstances affecting the cost of type of construction required for this TO AMENDED WATER SERVICE AGREEMENT Property to the grade level as it exists as of the date of this easement and Grantor shall have the obligation of revegetation of the Property. 1001 Grand Ave UTILITY EASEMENT AGREEMENT project. Suite 103 2. Grantee shall not place,keep,store or otherwise permit any equipment or materials Glenwood Springs THIS GRANT OF EASEMENT is made and entered into this day of on the Easement Premises except during such times as Grantee's employees or agents are CO 81601 1995,by and between the ASPEN SKIING COMPANY,a Colorado physically present and conducting activities permitted under this Easement. • general partnership,as Grantor,to the CITY OF ASPEN,COLORADO,a municipal corporation, I 1 as Grantee. 3. This Easement is not intended and shall not be construed to grant an easement or access across,over or under any property or premises other than the Easement Premises as © WHEREAS,Grantor is the owner in fee of certain real property(the"Property")situated described and depicted herein. These documents have been in Pitkin County,Colorado,more particularly described in the attached Exhibit A,vested with specifically prepared for 1470 Tiehack.They are not suitable for full power and authority to convey an interest therein;and, 4. Grantee shall take reasonable efforts to notify Grantor in advance of the dates and use on other projects or in other locations without the approval and times Grantee,its employees or agents,intend to access the Easement Premises to undertake any participation of the architect. WHEREAS,the City of Aspen,Colorado,has agreed to accept the conveyance of an excavations or other activities thereon. Reproduction prohibited without easement for utility purposes and ownership of a water tank,associated pump station,water approval of the architect. mains,water lines and such other associated facilities,located therein on the terms set forth 5. It is understood that the exercise of any of the Grantee's rights hereunder shall not 2023 herein;and be performed,to the greatest extent possible,during the ski season or during the hours of I 1 operation of the Tiehack Mountain Ski Area. In the event of an emergency that requires access NOW,THEREFORE,for and in consideration of the mutual promises and covenants to the Easement Premises and work on the Easement Premises,Grantee shall notify Grantor contained herein, Grantor hereby grants and conveys to Grantee subject to the terms and immediately and the parties shall use their best efforts to enable Grantee to rectify the conditions hereinafter set forth and the rights herein specifically retained and reserved by Grantor, circumstance giving rise to the emergency with the least interruption possible to the operations the right,privilege and easement to construct,install,maintain,operate,repair,remove,alter,and of Grantor. During such emergency,Grantor shall adjust its operations to the extent it deems replace a water tank,associated pump station,water mains,water lines and such other associated necessary in order to accommodate Grantee's efforts to rectify the emergency. Grantee agrees facilities,along and across the property as described and depicted on Exhibit A,attached hereto that it will use the existing roads on Tiehack Mountain in exercising its rights of ingress and and by this reference incorporated herein and hereinafter referred to as the"Fasement Premises." egress and any such ingress or egress during the ski season of the Tiehack Mountain Ski Area Further,Grantor does grant to Grantee the right to access said water tank,associated pump will be coordinated with Grantor. Routine maintenance shall be done during the non-ski season, station,water mains,water lines and such other associated facilities,over,under,across and along to be completed no later than October 15 of the year in which it is performed. I 1 the Easement Premises as may reasonably be required for the purpose of exercising the rights, privileges and easement herein granted and subject to the terms and conditions hereof. 6. The Easement granted hereunder shall be perpetual. The foregoing grant of easement and access shall be subject to the following terms and 7. All rights,benefits and privileges granted,created or reserved herein,and all conditions: impositions and obligations imposed hereunder,shall inure to the benefit of and be binding upon the parties,their successors and assigns. I. Grantee's water tank,associated pump station,water mains,water lines and such other associated facilities,shall be completely constructed and installed no later than October 15 8. Any rights to the Property or Easement Premises not specifically granted to of the year in which construction is commenced. Said water tank,associated pump station,water Grantee herein are reserved to the Grantor,its successors or assigns. mains,water lines and such other associated facilities,shall be maintained and operated in a safe and workmanlike manner and in such a manner as to avoid damage to or destruction of the Property or shrubs and other vegetation on the Properly. Grantee's water tank,associated pump station,water mains,water lines and such other associated facilities,shall be installed completely underground at their respective locations. Any damage to the Property or to the surface,trees, shrubs or other vegetation caused by Grantee's installation,maintenance,repair or removal of the water tank,pump station,water mains,water lines and such other associated facilities,shall not 92047-02/1ac 1111111 11111 IIIIII IIIII III 11111111 IIIII 11111111 IIII IIII 419559 10/17/199709:000 WATER AG DAVISSILVI 41 of 45 R 226.0.00 D 0.00 N 0.00 PITKINCO COLORADO 11111111111111111111111111111111111111111111111111 I IIIIII IIIII IIIIII IIIII III IIIIIIII IIIII III IIIIII III IIII 409009 10/17/1907 09:39R WATER RG DRVIS SILVI 439IVf9 50R 226.00 DB S0 WATER. AG DAVIS SILVI SCHMUESER GORDON MEYER,MG 42 of 4S R 220.00 D 0.00 N 0.00 PITKINCO COLlR1RD0 43 of 45 R 220.00 D 0.00 N 0.00 PITKINCO COLORADO No. 409559. Reception No. 409559. 2Reception No. 409559. SCALE,' = 1'-0" SCALE:, = ,-0" 0Reception 2" 0 12" ," 2" SCALE_1' = ,'-0. 0 1/2' 1" IN WITNESS HEREOF,the Grantor has affixed its duly authorized signature as of the EXHIBIT A TO EXHIBIT H day and year first written above. TO AMENDED WATER SERVICE AGREEMENT DATED JULY 26.1993 Grantor: Grantee: CITY OF ASPEN ASPEN SKIING COMPANY • By: By: Lot 4,Section 10,Township 10 South,Range 85 West, 6th P.M.,Pitkin County,Colorado. STATE OF COLORADO ) )ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of ,19 ,by as the City of Aspen. Witness my hand and official seal. .. ' My commission expires: - - 1 1 Notary Public . . ',.;4 TIEHACK • RESIDENCE Address STATE OF COLORADO ) 1470 TIEHACK )ss. RD.ASPEN CO COUNTY OF PITKIN ) 81611 The foregoing instrument was acknowledged before me this day of ,19_,by as SD 2/1/2022 the Aspen Skiing Company. HDCA 2/2s/2022 PERMIT 2/1/2023 Witness my hand and official seal. My commission expires: Notary Public Address I IIIIII IIIII IIIIII marl III IIIIIIII IIIII III IIIIII III IIII 4 9410R32 p WATER AG tric I 11111111111111111111111111111111111111111111111111111 409009 10/17/199T 09:50A WATER AG DAVIS SILVI FULL LAND M of 40 R 229.00 D 0.00 N 0.00 PITKINCO COLORADO USE APPROVAL Reception No. 409559. Reception No. 409559. RECEIVED SCALE = r-o° SCALE = T-0" 5 LUA.6902/02/2023 G 1/2r z. 0 yr 1' z ASPEN BUILDING DEPARTMENT