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Home My WebLink AboutMCC 41 Env Adjustment App - 11.19.2021 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM October 4, 2021 Updated: November 19, 2021 Michelle Bonfils Thibeault City of Aspen 130 So. Galena St. Aspen, CO 81611 RE: Maroon Creek Club Lot 41 Envelope Adjustments Ms. Bonfils Thibeault: Please accept this application to adjust development and building envelope boundaries on Lot 41 of the Maroon Creek Club Subdivision. The purpose of this amendment is to accommodate a new driveway alignment accessing the property along the south end of the property instead of the north end of the property. The Development Envelope remains the same size but with an altered configuration. The Building Envelope size also remains the same through this change. The maps to the right show the existing and proposed Development and Building Envelopes Lot 41 is a vacant parcel with no previous development activity. The parcel is one of the eleven “estate lots” within the Maroon Creek Club Subdivision. Lots 1, 2, 3, 5, 12, 16, and 41 through 45 were provided with a Floor Area allowance of 10,000 square feet whereas other lots were granted either 5,500 or 6,000. These eleven lots are often described as the “estate lots,” although the approval documents do not use this term. MCC Lot 41 Page 2 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM The map to the right shows the areas of the Development Envelope being added and deleted. The map to the right shows the areas of the Building Envelope being added and deleted. The Maroon Creek Club was reviewed and approved in Pitkin County and resulted in the adoption of Pitkin County Resolution No. 93-104. A Water Service Agreement was subsequently approved by the City of Aspen in 1993. The developer then sought annexation into the City of Aspen and the lands were annexed pursuant to City of Aspen Ordinances No. 33 and 34, Series 1996. The lands were provided City of Aspen zoning and certain development allowances were clarified and explained pursuant to City of Aspen Ordinance No. 40, Series 1996. A subsequent amendment allowing the use of up to three City of Aspen Transferable Development Rights was approved by the City of Aspen pursuant to Ordinance 26, Series 2014. Following is a total Floor Area summary for the estate lots: MCC Lot 41 Page 3 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM 10,000sf Floor Area. Ordinance 40 recognized the previous Pitkin County approvals and did not “divest or diminish the land use approvals or development rights awarded by Pitkin County…”1 The approval granted by BOCC Resolution no 93-104 described the development allowances for each single-family parcel. Lots 1, 2, 3, 5, 12, 16, and 41 through 45 were granted 10,000 square feet each.2 4,000sf Basement Exemption. Ordinance 40 included an exhibit defining the manner in which Floor Area and other development parameters were to be measured. The exhibit includes a provision for up to 4,000 square feet of below grade space to be exempt from the calculation of Floor Area.3 This space may be a single level with a maximum 20-foot depth. 750sf Garage Exemption. The exhibit to Ordinance 40 also provides up to 750 square feet of garage area to be exempt from the calculation of Floor Area. The applicability of this exemption was clarified in 2016 through a court decision.4 Up to 750sf Floor Area by use of City TDRs. Ordinance 26 amended the Subdivision/Planned Development approvals to enable the “landing” of City of Aspen Transferable Development Rights (TDRs) within the Maroon Creek Club Subdivision. The estate lots are allowed to land up to three TDRs, each allowing an additional 250 square feet of Floor Area.5 Existing trees along the edge of Pfister Drive consist of Aspens. These appear to be volunteers (not planted) and part of the grove to the west. The picture to the right shows existing vegetation This application responds to the Administrative Planned Development Amendment review criteria. Responses to each review criterion are attached to this application as Exhibit 1. Other pertinent documents are attached for your reference. 1 CoA Ord 40, 1996, whereas recitals 2 BOCC Reso 93-104 and Exhibit A of Exhibit A of CoA Ord 40, 1996 3 Ord 40, 1996, Exhibit A, section d of Floor Area 4 Colo. 9th Judicial District Court Case No. 2016-CV-30094 5 Section 1, Table A, CoA Ord 26, 2014 MCC Lot 41 Page 4 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM Lot 41 is owned by Pfister Cuzlings LLC, a Colorado limited liability company. BendonAdams has been authorized by Pfister Cuzlings to submit and process this amendment. A Draft Amended Final Plat for Lot 41 has been prepared by Tuttle Surveying Services. Approval from the Maroon Creek Club HOA has been obtained. We believe this application contains the necessary information for a complete and competent review. Please let us know if additional information is needed. We look forward to your review and will make ourselves available for any questions or concerns you have. We can also arrange a site visit at your request. Kind Regards, Chris Bendon, AICP BendonAdams LLC Attachments: 1. Response to Review Criteria 2. Application Form 3. Authorization to Represent 4. Proof of Ownership 5. Agreement to Pay 6. HOA Form 7. Pre-Application Summary 8. Vicinity Map 9. Existing Conditions Survey 10. Proposed Envelopment Adjustment Plat Exhibit 1 Response to Review Criteria 26.445.110. – Amendments Amendments to an approved Project Review or to an approved Detailed Review shall be reviewed according to the standards and procedures outline below. Amendments to Planned Unit Development and Specially Planned Area approvals (pre-Ordinance 36, 2013, approvals) shall also proceed according to the standards and procedures outlined below and the Community Development Director shall determine the type of procedure most applicable to the requested amendment. (a) Insubstantial Amendments. An insubstantial amendment to an approved Project Review or an approved Detailed Review may be authorized by the Community Development Director. An insubstantial amendment shall meet the following criteria: 1. The request does not change the use or character of the development. Response – The use of the property will continue to be for a single-family home. No change to the use or character of the property will occur with this change to the development and building envelope. 2. The request is consistent with the conditions and representations in the project's original approval, or otherwise represents an insubstantial change. Response – The adjustment to the development and building envelopes represent an insubstantial change. This will enable the driveway serving Lot 41 to be relocated. 3. The request does not require granting a variation from the project's allowed use(s) and does not request an increase in the allowed height or floor area. Response – No variances are requested or will result from this adjustment to the two envelopes. 4. Any proposed changes to the approved dimensional requirements are limited to a technical nature, respond to a design parameter that could not have been foreseen during the Project Review approval, are within dimensional tolerances stated in the Project Review, or otherwise represents an insubstantial change. Response – No changes to the dimensional allowances are proposed with this adjustment to the development and building envelopes. 5. An applicant may not apply for Detailed Review if an amendment is pending. Response – A Detailed Review is not anticipated to be needed. CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020 LAND USE APPLICATION APPLICANT: REPRESENTIVATIVE: Description: Existing and Proposed Conditions Review: Administrative or Board Review Required Land Use Review(s): Growth Management Quota System (GMQS) required fields: Net Leasable square footage Lodge Pillows Free Market dwelling units Affordable Housing dwelling units Essential Public Facility square footage Have you included the following? FEES DUE: $ Pre-Application Conference Summary Signed Fee Agreement HOA Compliance form All items listed in checklist on PreApplication Conference Summary Name: Address: Phone#: email: Address: Phone #: email: Name: Project Name and Address: Parcel ID # (REQUIRED) Maroon Creek Club Lot 41 Envelope Adjustment 2735-112-09-041 Pfister Cuzlings LLC 443 Greenwich 2A; New York, NY 10013 970.544.7006 johnson@wcrlegal.com BendonAdams 300 So. Spring St. #202; Aspen, CO 81611 970.925.2855 chris@bendonadams.com Proposed envelope adjustment on vacant lot in Maroon Creek Club na na 1 (already granted) 0 na x x x x 2,275 Exhibit 2 September 15, 2021 Amy Simon Planning Director City of Aspen 13 0 So. Galena Street Aspen, Colorado 81611 ® BendonAdams RE: Maroon Creek Club Lot 41; Aspen, CO Ms. Simon: Please accept this letter authorizing BendonAdams LLC to represent our ownership interests in Lot 41 of the Maroon Creek Club Subdivision and act on our behalf on matters reasonably associated in securing land use approvals for the property. If there are any questions about the foregoing or if I can assist, please do not hesitate to contact me. Property-#tbd Pfister Drive; Aspen, CO 81611 Legal Description -Lot 41; Maroon Creek Club Subdivision Parcel ID -2735-11 2-09-041 Owner -Pfister Cuzlings LLC, a Colorado Limited Liability Company Kind Regar , Todd B. Jae s, Manager Pfister Cuzlin s LLC, a Colorado Limited Liability Company 443 Greenwich 2A New York, NY 10013 970.544.7006 johnson@wcrlegal.com 300 SO SPRING ST I 202 I ASPEN, CO 81611 970.925.2855 I BENDONADAMS.COM Exhibit 3 Exhibit 4 711 E. Valley Rd, Unit 201B Basalt, CO 81621 Phone: 970-366-4111 Fax: 970-672-1576 www.titlecorockies.com COMMITMENT TRANSMITTAL Commitment Ordered By: Chris Bendon BendonAdams 300 So. Spring St. #202 Aspen, CO 81611 Phone: 970-925-2855 Fax: email: chris@bendonadams.com Inquiries should be directed to: Kate Staskauskas Title Company of the Rockies 711 E. Valley Rd, Unit 201B Basalt, CO 81621 Phone: 970-366-4111 Fax: 970-672-1576 email: KateS@titlecorockies.com Commitment Number:7001094-C Buyer's Name(s):purchaser with contractual rights under a purchaser agreement with the vesting order Seller's Name(s):Pfister Cuzlings LLC, a Colorado limited liability company Property:TBD Maroon Creek Club Lot 41, Aspen, CO 81611 Lot 41 Free Market, Maroon Creek Club, Pitkin County, Colorado COPIES / MAILING LIST purchaser with contractual rights under a purchaser agreement with the vesting order Pfister Cuzlings LLC, a Colorado limited liability company Chris Bendon BendonAdams 300 So. Spring St. #202 Aspen, CO 81611 Phone: 970-925-2855 email: chris@bendonadams.com COLORADO NOTARIES MAY REMOTELY NOTARIZE REAL ESTATE DEEDS AND OTHER DOCUMENTS USING REAL-TIME AUDIO-VIDEO COMMUNICATION TECHNOLOGY. YOU MAY CHOOSE NOT TO USE REMOTE NOTARIZATION FOR ANY DOCUMENT. Service Beyond Expectation in Colorado for: Eagle, Garfield, Grand, Pitkin and Summit Counties. (Limited Coverage: Jackson, Lake, Park and Routt Counties) Locations In: Avon/Beaver Creek, Basalt, Breckenridge, Grand Lake and Winter Park. (Closing Services available in Aspen and Glenwood Springs). Page 1 of 1 September 8, 2021 4:14 PM 711 E. Valley Rd, Unit 201B Basalt, CO 81621 Phone: 970-366-4111 Fax: 970-672-1576 www.titlecorockies.com Commitment Ordered By: Chris Bendon BendonAdams 300 So. Spring St. #202 Aspen, CO 81611 Phone: 970-925-2855 Fax: email: chris@bendonadams.com Inquiries should be directed to: Kate Staskauskas Title Company of the Rockies 711 E. Valley Rd, Unit 201B Basalt, CO 81621 Phone: 970-366-4111 Fax: 970-672-1576 email: KateS@titlecorockies.com Commitment Number:7001094-C Buyer's Name(s):purchaser with contractual rights under a purchaser agreement with the vesting order Seller's Name(s):Pfister Cuzlings LLC, a Colorado limited liability company Property:TBD Maroon Creek Club Lot 41, Aspen, CO 81611 Lot 41 Free Market, Maroon Creek Club, Pitkin County, Colorado TITLE CHARGES These charges are based on issuance of the policy or policies described in the attached Commitment for Title Insurance, and includes premiums for the proposed coverage amount(s) and endorsement(s) referred to therein, and may also include additional work and/or third party charges related thereto. If applicable, the designation of “Buyer” and “Seller” shown below may be based on traditional settlement practices in Pitkin County, Colorado, and/or certain terms of any contract, or other information provided with the Application for Title Insurance. Owner’s Policy Premium: Loan Policy Premium: Additional Lender Charge(s): Additional Other Charge(s): Tax Certificate: Total Endorsement Charge(s): TBD Charge(s): TOTAL CHARGES: $300.00 $300.00 Service Beyond Expectation in Colorado for: Eagle, Garfield, Grand, Pitkin and Summit Counties. (Limited Coverage: Jackson, Lake, Park and Routt Counties) Locations In: Avon/Beaver Creek, Basalt, Breckenridge, Grand Lake and Winter Park. (Closing Services available in Aspen and Glenwood Springs). ALTA Commitment (6-17-06) ALTA Commitment Form COMMITMENT FOR TITLE INSURANCE Stewart Title Guaranty Company, a Texas Corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate 6 months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. 004-UN ALTA Commitment (6-17-06) Issued by: 711 E. Valley Rd, Unit 201B Basalt, CO 81621 Authorized Agent CONDITIONS The term mortgage, when used herein, shall include deed of trust, trust deed, or other security1. instrument. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse2. claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. Liability of the Company under this Commitment shall be only to the named proposed Insured and3. such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of4. title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of5. Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at< http://www.alta.org/>. COMMITMENT FOR TITLE INSURANCE Issued by as agent for Stewart Title Guaranty Company SCHEDULE A Reference:Commitment Number: 7001094-C 1.Effective Date: August 13, 2021, 7:00 am Issue Date: September 08, 2021 2.Policy (or Policies) to be issued: ALTA Owner's Policy (6-17-06)Policy Amount:Amount to be Determined Premium:Amount to be Determined Proposed Insured:purchaser with contractual rights under a purchaser agreement with the vesting order 3.The estate or interest in the land described or referred to in this Commitment is Fee Simple. 4.The Title is, at the Commitment Date, vested in: Pfister Cuzlings LLC, a Colorado limited liability company 5.The land referred to in this Commitment is described as follows: FOR LEGAL DESCRIPTION SEE SCHEDULE A CONTINUED ON NEXT PAGE For Informational Purposes Only - APN: 273511209041 / R014455 Countersigned Title Company of the Rockies, LLC By: Staci Stamps This page is only a part of a 2016 ALTA ® Commitment for Title Insurance issued by Stewart Title Guaranty Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule A Page 1 Commitment No: 7001094-C SCHEDULE A (continued) LEGAL DESCRIPTION The Land referred to herein is located in the County of Pitkin, State of Colorado, and described as follows: Lot 41, Maroon Creek Club, as shown on the Final Plat and PUD for Maroon Creek Club recorded November 15, 1993 in Plat Book 33 at Page 4. County of Pitkin, State of Colorado For each policy to be issued as identified in Schedule A, Item 2, the Company shall not be liable under this commitment until it receives a specific designation of a Proposed Insured, and has revised this commitment identifying that Proposed Insured by name. As provided in Commitment Condition 4, the Company may amend this commitment to add, among other things, additional exceptions or requirements after the designation of the Proposed Insured. This page is only a part of a 2016 ALTA ® Commitment for Title Insurance issued by Stewart Title Guaranty Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule A Page 2 Commitment No: 7001094-C COMMITMENT FOR TITLE INSURANCE Issued by Stewart Title Guaranty Company SCHEDULE B, PART I Requirements All of the following Requirements must be met: 1.The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2.Pay the agreed amount for the estate or interest to be insured. 3.Pay the premiums, fees, and charges for the Policy to the Company. 4.Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. Evidence satisfactory to the Company or its duly authorized agent either (a) that the "real estate5. transfer taxes" imposed by Ordinance No. 20 (Series of 1979), and by Ordinance No. 13, (Series of 1990), of the City of Aspen, Colorado have been paid, and that the liens imposed thereby have been fully satisfied, or (b) that Certificates of Exemption have been issued pursuant to the provisions thereof. Evidence satisfactory to the Company or its duly authorized agent that all dues and/or6. assessments levied by the Homeowners Association have been paid through the date of closing. NOTE: Please be advised that our search did not disclose any open Deeds of Trust of record. If you should have knowledge of any outstanding obligation, please contact the Title Department immediately for further review prior to closing. Deed from Pfister Cuzlings LLC, a Colorado limited liability company to purchaser with7. contractual rights under a purchaser agreement with the vesting order. NOTE: Duly executed real property transfer declaration, executed by either the Grantor or Grantee, to accompany the Deed mentioned above, pursuant to Article 14 of House Bill No. This page is only a part of a 2016 ALTA ® Commitment for Title Insurance issued by Stewart Title Guaranty Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule B - Part I Page 3 Commitment No: 7001094-C 1288-CRA 39-14-102. NOTE: Statement of Authority for Pfister Cuzlings LLC, a Colorado limited liability company, recorded May 3, 2021 at Reception No. 676220, discloses that the names and addresses of the manager(s) or member(s) authorized to act on behalf of the limited liability company are as follows: THE COMPANY RESERVES THE RIGHT TO CONDUCT AN ADDITIONAL SEARCH OF THE RECORDS IN THE OFFICE OF THE CLERK AND RECORDER FOR PITKIN COUNTY, COLORADO FOR JUDGMENT LIENS, TAX LIENS OR OTHER SIMILAR OR DISSIMILAR INVOLUNTARY MATTERS AFFECTING THE GRANTEE OR GRANTEES, AND TO MAKE SUCH ADDITIONAL REQUIREMENTS AS IT DEEMS NECESSARY, AFTER THE IDENTITY OF THE GRANTEE OR GRANTEES HAS BEEN DISCLOSED TO THE COMPANY. NOTE: THIS COMMITMENT IS ISSUED UPON THE EXPRESS AGREEMENT AND UNDERSTANDING THAT THE APPLICABLE PREMIUMS, CHARGES AND FEES SHALL BE PAID BY THE APPLICANT IF THE APPLICANT AND/OR ITS DESIGNEE OR NOMINEE CLOSES THE TRANSACTION CONTEMPLATED BY OR OTHERWISE RELIES UPON THE COMMITMENT, ALL IN ACCORDANCE WITH THE RULES AND SCHEDULES OF RATES ON FILE WITH THE COLORADO DEPARTMENT OF INSURANCE. NOTE: EXCEPTION NO. 5 UNDER SCHEDULE B, SECTION 2 OF THIS COMMITMENT WILL NOT APPEAR IN THE POLICY OR POLICIES TO BE ISSUED PURSUANT HERETO, PROVIDED THAT (A) THE DOCUMENTS CONTEMPLATED BY THE REQUIREMENTS SET FORTH IN SCHEDULE B, SECTION 1 OF THIS COMMITMENT ARE SUBMITTED TO AND APPROVED AND RECORDED BY THE COMPANY OR ITS DULY AUTHORIZED AGENT, AND (B) AN EXAMINATION OF THE RECORDS IN THE OFFICE OF THE CLERK AND RECORDER FOR PITKIN COUNTY, COLORADO BY THE COMPANY OR ITS DULY AUTHORIZED AGENT DISCLOSES THAT NO DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS HAVE BEEN RECORDED IN SUCH RECORDS SUBSEQUENT TO THE EFFECTIVE DATE HEREOF. This page is only a part of a 2016 ALTA ® Commitment for Title Insurance issued by Stewart Title Guaranty Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule B - Part I - continued Page 4 Commitment No: 7001094-C SCHEDULE B, PART II Exceptions THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. Any loss or damage, including attorney fees, by reason of the matters shown below: Any facts, right, interests, or claims which are not shown by the Public Records but which could1. be ascertained by an inspection of said Land or by making inquiry of persons in possession thereof. Easements or claims of easements, not shown by the Public Records.2. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the3. Title that would be disclosed by an accurate and complete land survey of the Land. 4. Any lien, or right to a lien for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any created, first appearing in the Public Records or attaching subsequent to the effective date hereof, but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same7. be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded August 26, 1911 in Book 55 at Page 189 and in Book 55 at Page 191 . Right of Way for ditches and canals as reserved in United States Patent recorded September 13,8. This page is only a part of a 2016 ALTA ® Commitment for Title Insurance issued by Stewart Title Guaranty Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule B - Part II Page 5 Commitment No: 7001094-C 1934 in Book 162 at Page 400. Master Declaration of Protective Covenants for Maroon Creek Club as set forth in instrument9. recorded December 2, 1993 in Book 733 at Page 598 as Reception No. 364075, and Assignment and Designation of Successor Declarant for Maroon Creek Club recorded May 11, 1994 in Book 750 at Page 242 as Reception No. 369936 and First Amendment to Master Declaration of Protective Covenants for Maroon Creek Club recorded February 17, 1994 in Book 742 at Page 83 as Reception No. 367049 and Second Amendment to Master Declaration of Protective Covenants for Maroon Creek Club recorded June 8, 1994 in Book 752 at Page 754 as Reception No. 370864 and Amended and Restated Third Amendment to Master Declaration of Protective Covenants for Maroon Creek Club recorded July 26, 1994 in Book 756 at Page 597 as Reception No. 372475 and Fourth Amendment to Master Declaration of Protective Covenants for Maroon Creek Club recorded September 12, 1996 as Reception No. 396947. Terms, conditions, provisions and obligations contained in the Subdivision Improvement10. Agreement for Maroon Creek Club (formerly Pfister Ranch/Golf) recorded November 12, 1993 in Book 730 at Page 606 as Reception No. 363236, and Insubstantial P.U.D. Amendment recorded December 19, 1996 as Reception No. 400129 and Amendment recorded March 10, 2000 as Reception No. 441279. All matters as shown and contained on Plat of Maroon Creek Club recorded November 15, 199311. in Plat Book 33 at Page 4 as Reception No. 363275 and Amended Sheet 2 recorded March 31, 1994 in Plat Book 34 at Page 23 as Reception No. 368436, and Assignment of Final Subdivision Plat and PUD for Maroon Creek Club recorded February 17, 1994 in Book 742 at Page 117 as Reception No. 367059, and Assignment of Final Subdivision Plat and PUD for Maroon Creek Club recorded February 17, 1994 in Book 742 at Page 121 as Reception No. 367060. Terms, conditions, provisions and obligations contained in the Resolution of the Board of County12. Commissioners of Pitkin County, Colorado Granting Final Plat Approval for Maroon Creek Club (Previously Pfister Ranch/Golf), Resolution No. 93-104 recorded August 13, 1993 in Book 721 at Page 245 as Reception No. 360002 and Resolution of the Pitkin County Board of County Commissioners Defining the Method of Floor Area Calculation for the Maroon Creek Development and Amending Resolution No. 93-104, Resolution No. 95-128 recorded August 28, 1995 in Book 791 at Page 821 as Reception No. 384763. Terms, conditions, provisions and obligations contained in the Dedication Agreement for Roads13. as set forth in instrument recorded November 12, 1993 in Book 730 at Page 662 as Reception No. 363240. Terms, conditions, provisions and obligations contained in the Grant of Easement Agreement14. (Avigation Easement) by and between Pearce Equities Group II Limited Liability Company, a Utah limited liability company, and Pitkin County, Colorado recorded November 12, 1993 in This page is only a part of a 2016 ALTA ® Commitment for Title Insurance issued by Stewart Title Guaranty Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule B - Part II - continued Page 6 Commitment No: 7001094-C Book 730 at Page 690 as Reception No. 363242. Terms, conditions, provisions and obligations contained in the Water Service Agreement15. recorded November 15, 1993 in Book 730 at Page 797 as Reception No. 363258, and Assignment and Assumption of Water Lease Agreement recorded November 15, 1993 in Book 730 at Page 865 as Reception No. 363259, and Assignment and Assumption Agreement recorded January 7, 1994 in Book 737 at Page 899 as Reception No. 365464 and Amended Assignment and Assumption Agreement recorded April 11, 1994 in Book 747 at Page 191 as Reception No. 368825 and First Amendment recorded October 17, 1997 as Reception No. 409559. Terms, conditions, provisions and obligations contained in the Trench, Conduit, and Vault16. Agreement as set forth in instrument recorded July 11, 1994 in Book 755 at Page 55 as Reception No. 371946. Terms, conditions, provisions and obligations contained in the Ordinance No. 34 (Series of17. 1996), An Ordinance of the City Council of the City of Aspen, Colorado Approving the Annexation of Certain Territory to the City of Aspen, Colorado to be known and designated as ""Maroon Creek Club Subdivision (South) Property"" Annexation recorded February 21, 1997 as Reception No. 401985; Ordinance No. 33 (Series of 1996), An Ordinance of the City Council of the City of Aspen Colorado, Approving the Annexation of Certain Territory to the City of Aspen, Colorado, to be known and designated as the ""Maroon Creek Club Subdivision (North) Property"" Annexation recorded February 21, 1997 as Reception No. 401986; Ordinance No. 40 (Series of 1996) An Ordinance of the Aspen City Council Granting a Rezoning for the Maroon Creek Subdivision in Conjunction with Annexation into the City of Aspen recorded April 8, 1997 as Reception No. 403224, and re-recorded as Reception No. 404428. Conditions and restrictions as set forth on the Maroon Creek Club Annexation plats recorded18. February 6, 1997 in Plat Book 41 at Page 76 as Reception No. 401571, and in Plat Book 41 at Page 77 as Reception No. 401572. Terms, conditions, provisions and obligations contained in the Road Easement Agreement as set19. forth in instrument recorded November 15, 1993 in Book 730 at Page 938 as Reception No. 363262; Road Maintenance Agreement recorded November 12, 1993 in Book 730 at Page 739 as Reception No. 363249 and Assignment of Road Maintenance Agreements Related to Maroon Creek Club recorded September 3, 1996 as Reception No. 396644. Terms, conditions, provisions and obligations contained in the Agreement regarding Maroon20. Creek Club Roads and Common Area Parcels recorded September 22, 1999 as Reception No. 435797. Terms, conditions, provisions and obligations contained in the Maroon Creek Club Subdivision21. Designation of Ski Easements recorded October 14, 2004 at Reception No. 503050. This page is only a part of a 2016 ALTA ® Commitment for Title Insurance issued by Stewart Title Guaranty Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule B - Part II - continued Page 7 Commitment No: 7001094-C Terms, conditions, provisions and obligations contained in the Grant of Easement to Comcast of22. Colorado/Florida recorded November 3, 2008 as Reception No. 553987. Terms, conditions, provisions and obligations contained in the Ordinance No. 26, Series of 201423. recorded October 23, 2014 as Reception No. 614783. Terms, conditions, provisions and obligations contained in the Notice of Approval recorded24. February 29, 2012 as Reception No. 587075. Terms, conditions, provisions and obligations contained in the Notice of Approval recorded25. February 18, 2016 as Reception No. 627141. This page is only a part of a 2016 ALTA ® Commitment for Title Insurance issued by Stewart Title Guaranty Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule B - Part II - continued Page 8 Commitment No: 7001094-C DISCLOSURE STATEMENTS Note 1: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII, requires that "Every Title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the Title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed.” (Gap Protection) Note 2: Exception No. 4 of Schedule B, Section 2 of this Commitment may be deleted from the Owner's Policy to be issued hereunder upon compliance with the following conditions: The Land described in Schedule A of this commitment must be a single-family residence, which includes a1. condominium or townhouse unit. No labor or materials may have been furnished by mechanics or materialmen for purpose of construction on2. the Land described in Schedule A of this Commitment within the past 13 months. The Company must receive an appropriate affidavit indemnifying the Company against unfiled mechanic's3. and materialmen's liens. Any deviation from conditions A though C above is subject to such additional requirements or Information4. as the Company may deem necessary, or, at its option, the Company may refuse to delete the exception. Payment of the premium for said coverage.5. Note 3: The following disclosures are hereby made pursuant to §10-11-122, C.R.S.: The subject real property may be located in a special taxing district;(i) A certificate of taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the(ii) County Treasurer's authorized agent; and Information regarding special districts and the boundaries of such districts may be obtained from the(iii) County Commissioners, the County Clerk and Recorder, or the County Assessor. Note 4: If the sales price of the subject property exceeds $100,000.00, the seller shall be required to comply with the disclosure or withholding provisions of C.R.S. §39-22-604.5 (Non-resident withholding). Note 5: Pursuant to C.R.S. §10-11-123 Notice is hereby given: (a)If there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate then there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property, and (b)That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note 6: Effective September 1, 1997, C.R.S. §30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one-half inch the clerk and recorder may refuse to record or file any document that does not conform. Note 7: Our Privacy Policy: We will not reveal nonpublic personal customer information to any external non-affiliated organization unless we have been authorized by the customer, or are required by law. Note 8: Records: Regulation 3-5-1 Section 7 (N) provides that each title entity shall maintain adequate documentation and records sufficient to show compliance with this regulation and Title 10 of the Colorado Revised Statutes for a period of not less than seven (7) years, except as otherwise permitted by law. Note 9: Pursuant Regulation 3-5-1 Section 9 (F) notice is hereby given that “A title entity shall not earn interest on fiduciary funds unless disclosure is made to all necessary parties to a transaction that interest is or has been earned. Said disclosure must offer the opportunity to receive payment of any interest earned on such funds beyond any administrative fees as may be on file with the division. Said disclosure must be clear and conspicuous, and may be made at any time up to and including closing.” Be advised that the closing agent will or could charge an Administrative Fee for processing such an additional services request and any resulting payee will also be subjected to a W-9 or other required tax documentation for such Page 9 purpose(s). Be further advised that, for many transactions, the imposed Administrative Fee associated with such an additional service may exceed any such interest earned. Therefore, you may have the right to some of the interest earned over and above the Administrative Fee, if applicable (e.g., any money over any administrative fees involved in figuring the amounts earned). Note 10: Pursuant to Regulation 3-5-1 Section 9 (G) notice is hereby given that “Until a title entity receives written instructions pertaining to the holding of fiduciary funds, in a form agreeable to the title entity, it shall comply with the following: The title entity shall deposit funds into an escrow, trust, or other fiduciary account and hold them in a1. fiduciary capacity. The title entity shall use any funds designated as “earnest money” for the consummation of the transaction2. as evidenced by the contract to buy and sell real estate applicable to said transaction, except as otherwise provided in this section. If the transaction does not close, the title entity shall: Release the earnest money funds as directed by written instructions signed by both the buyer and seller;(a) or If acceptable written instructions are not received, uncontested funds shall be held by the title entity for(b) 180 days from the scheduled date of closing, after which the title entity shall return said funds to the payor. In the event of any controversy regarding the funds held by the title entity (notwithstanding any termination3. of the contract), the title entity shall not be required to take any action unless and until such controversy is resolved. At its option and discretion, the title entity may: Await any proceeding; or(a) Interplead all parties and deposit such funds into a court of competent jurisdiction, and recover court(b) costs and reasonable attorney and legal fees; or Deliver written notice to the buyer and seller that unless the title entity receives a copy of a summons(c) and complaint or claim (between buyer and seller), containing the case number of the lawsuit or lawsuits, within 120 days of the title entity's written notice delivered to the parties, title entity shall return the funds to the depositing party.” Note 11: Pursuant to Colorado Division of Insurance Regulation 8-1-3,Section 5, Paragraph C (11)(f), a closing protection letter is available to the consumer. Page 10 Commitment No: 7001094-C Page 11 Exhibit 5 Exhibit 6 PRE-APPLICATION CONFERENCE SUMMARY DATE: August 20, 2021 PLANNER: Michelle Bonfils Thibeault, 970.429.2741 PROJECT NAME AND ADDRESS: Lot 41, Maroon Creek Club PUD/Subdivision PARCEL ID# 2735-112-09-041 REPRESENTATIVE: Chris Bendon, BendonAdams, chris@bendonadams.com DESCRIPTION: The applicant requests to amend the shape of both the existing building envelope and development envelope with no net increase in the size of either envelope. The lot is located in the Maroon Creek Club PUD/Subdivision and an Insubstantial PD Amendment approval is required to modify the building envelope and development envelope. Building and development envelopes were established for this lot on the Final Subdivision Plat & PUD for Maroon Creek Club (Book 33, Page 11). Approval to apply for the amendment shall be provided by the president of the Homeowners Association. A. Insubstantial Amendments. An insubstantial amendment to an approved Project Review or an approved Detailed Review may be authorized by the Community Development Director. An insubstantial amendment shall meet the following criteria: 1.The request does not change the use or character of the development. 2.The request is consistent with the conditions and representations in the project's original approval, or otherwise represents an insubstantial change. 3.The request does not require granting a variation from the project's allowed use(s) and does not request an increase in the allowed height or floor area. 4.Any proposed changes to the approved dimensional requirements are limited to a technical nature, respond to a design parameter that could not have been foreseen during the Project Review approval, are within dimensional tolerances stated in the Project Review, or otherwise represents an insubstantial change. 5.An applicant may not apply for Detailed Review if an amendment is pending. RELEVANT LAND USE CODE SECTIONS: Section Number Section Title 26.304 Common Development Review Procedures 26.445.110.A Insubstantial Amendment For your convenience – links to the Land Use Application and Land Use Code are below: Land Use Application Land Use Code REVIEW BY: •Community Development Staff for Complete Application and Decision Exhibit 7 PUBLIC HEARING: No PLANNING FEES: $1,300 Deposit for 4 hours of staff time (hours will be billed/refunded at $325/hr) REFERRAL FEES: $325/hr. Engineering Deposit (additional review time will be billed at $325/hour) $650 flat fee Parks TOTAL DEPOSIT: $2,275 APPLICATION CHECKLIST – These items should first be submitted in a paper copy.  Completed Land Use Application and signed Fee Agreement (link above).  Pre-application Conference Summary (this document).  Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner’s right to apply for the Development Application.  Applicant’s name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant.  HOA Compliance form (Attached to Application – link above)  A written and graphic description of the proposal and an explanation of how the proposed development complies with the design guidelines relevant to the development application and relevant land use approvals associated with the property. Please compare existing to proposed use.  A survey of the property signed and stamped by a licensed Land Surveyor in the State of Colorado.  A draft plat envelope adjustment plat meeting the plat requirements of Chapter 26.490 – Approval Documents.  An 8 1/2” by 11” vicinity map locating the parcel within the City of Aspen.  Written responses to all review criteria. Depending on further review of the case, additional items may be requested of the application. Once the application is deemed complete by staff, the applicant/applicant’s representative will receive an e-mail requesting submission of an electronic copy of the complete application and the deposit. Once the deposit is received, the case will be assigned to a planner and the land use review will begin. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. Exhibit 8 Maroon Creek Club Lot 41 – Vicinity Map FE N C E GOLF COURSE EASEMENT AREA D E V E L O P M E N T E N V E L O P E N 4 3 ° 5 0 ' 4 1 " E 733 5 . 8 3 ' N 6 ° 3 8 ' 3 6 " E 57 0 6 . 8 5 ' GO L F C O U R S E PA R C E L # 2 7 3 5 1 1 2 0 9 0 5 3 MA R O O N C R E E K , L L C . NO T A P A R T P A T H CITY OF ASPEN GPS-159-S (NAVD 88) CITY OF ASPEN GPS-13 (NAVD 88) 230.30' 8" PVC INV. 8109.96 S3 ° 1 2 ' 3 4 " W 2 1 4 . 3 4 S83° 16' 46"W 1 8 5 . 7 1 S70° 4 5 ' 3 4 " W 1 6 5 . 3 7 N88° 00' 00"E 440.30 FND 58" REBAR WITH 1 14" RED PLASTIC CAP PLS 33638 FND 58" REBAR WITH 1 14" RED PLASTIC CAP PLS 33638 BEARS N66°45'21"W 0.48' C 1 L 1 C 2 C3 WATER SHUT OFF WATER VALVE FIRE HYDRANT COMMON AREA NOT A PART PARCEL # 273511209053 MAROON CREEK, LLC. NOT A PART GOLF COURSE LOT 42 NOT A PART P F I S T E R D R I V E - A S P H A L T 100,764 SQ FT 2.313 AC.± B U I L D I N G E N V E L O P E CENTERLINE 3' WIDE DITCH CENTERLINE 3' WIDE DITCH DRAIN MANHOLE FND 5 8" REBAR WITH 1 14" RED PLASTIC CAP PLS 33638 WITNESS CORNER FND 5 8" REBAR WITH 1 14" RED PLASTIC CAP PLS 33638 WITNESS CORNER TELEPHONE PEDESTAL TRANSFORMER 40.00 ZONING: RURAL RESIDENTIAL (BASIS OF BEARING) 20' SIDE SETBACK PER CITY OF ASPEN 30' FRONT SETBACK PER CITY OF ASPEN 20' SIDE SETBACK PER CITY OF ASPEN 20' REAR SETBACK PER CITY OF ASPEN P O S S I B L E H O L Y C R O S S E A S E M E N T P E R R E C . # 3 7 1 9 4 6 LOT 41, MAROON CREEK CLUB AS SHOWN ON THE FINAL SUBDIVISION PLAT & P.U.D. FOR MAROON CREEK RECORDED NOVEMBER 15, 1993 IN PLAT BOOK 33 AT PAGE 4 COUNTY OF PITKIN, STATE OF COLORADO VICINITY MAP SCALE: 1" = 2000' LEGEND AND NOTES: - INDICATES MONUMENT FOUND AS DESCRIBED -DATE OF SURVEY: MARCH 15, 2021 - UNIT OF MEASUREMENT: US SURVEY FOOT - BUILDING SETBACKS ARE BASED ON ZONING STANDARDS PER PITKIN COUNTY AND SHOULD BE VERIFIED PRIOR TO CONSTRUCTION OR CRITICAL DESIGN. - DUE TO SNOW COVER AT THE TIME OF THIS SURVEY SOME IMPROVEMENTS MAY NOT BE SHOWN -BEARINGS ARE BASED UPON A 5 8" REBAR WITH A 1 1 4" RED PLASTIC CAP, L.S. 33638 FOUND AT THE NORTHWEST CORNER OF LOT 41 AND A 5 8" REBAR WITH A 1 1 4" RED PLASTIC CAP, L.S. 33638 FOUND AS A WITNESS CORNER 230.30' NORTHEASTERLY OF THE NORTHWEST PROPERTY CORNER USING A BEARING OF N88°00'00"E BETWEEN THE TWO DESCRIBED MONUMENTS. - THIS IMPROVEMENT SURVEY PLAT IS BASED UPON INFORMATION PROVIDED BY TITLE COMPANY OF THE ROCKIES IN COMMITMENT NO. 7000654-C2 ISSUED MARCH 4, 2021 AND EFFECTIVE MARCH 3, 2021. SAID PROPERTY IS DESCRIBED AS FOLLOWS: LOT 41, MAROON CREEK CLUB, AS SHOWN ON THE FINAL PLAT AND PUD FOR MAROON CREEK CLUB RECORDED NOVEMBER 15, 1993 IN PLAT BOOK 33 AT PAGE 4. COUNTY OF PITKIN, STATE OF COLORADO - THIS PROPERTY IS SUBJECT TO THE FOLLOWING EXCEPTIONS PER SAID TITLE CASE NO. 7000654-C2: 7.RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM, SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES HEREBY GRANTED, AS RESERVED IN UNITED STATES PATENT RECORDED AUGUST 26, 1911 IN BOOK 55 AT PAGE 189 AND IN BOOK 55 AT PAGE 191. NOTHING SPECIFICALLY DEFINED, THEREFORE NOTHING TO PLOT. 8. RIGHT OF WAY FOR DITCHES AND CANALS AS RESERVED IN UNITED STATES PATENT RECORDED SEPTEMBER 13, 1934 IN BOOK 162 AT PAGE 400. NOTHING TO PLOT. 9. MASTER DECLARATION OF PROTECTIVE COVENANTS FOR MAROON CREEK CLUB AS SET FORTH IN INSTRUMENT RECORDED DECEMBER 2, 1993 IN BOOK 733 AT PAGE 598 AS RECEPTION NO. 364075, AND ASSIGNMENT AND DESIGNATION OF SUCCESSOR DECLARANT FOR MAROON CREEK CLUB RECORDED MAY 11, 1994 IN BOOK 750 AT PAGE 242 AS RECEPTION NO. 369936 AND FIRST AMENDMENT TO MASTER DECLARATION OF PROTECTIVE COVENANTS FOR MAROON CREEK CLUB RECORDED FEBRUARY 17, 1994 IN BOOK 742 AT PAGE 83 AS RECEPTION NO. 367049 AND SECOND AMENDMENT TO MASTER DECLARATION OF PROTECTIVE COVENANTS FOR MAROON CREEK CLUB RECORDED JUNE 8, 1994 IN BOOK 752 AT PAGE 754 AS RECEPTION NO. 370864 AND AMENDED AND RESTATED THIRD AMENDMENT TO MASTER DECLARATION OF PROTECTIVE COVENANTS FOR MAROON CREEK CLUB RECORDED JULY 26, 1994 IN BOOK 756 AT PAGE 597 AS RECEPTION NO. 372475 AND FOURTH AMENDMENT TO MASTER DECLARATION OF PROTECTIVE COVENANTS FOR MAROON CREEK CLUB RECORDED SEPTEMBER 12, 1996 AS RECEPTION NO. 396947. NOTHING TO PLOT. 10. SUBDIVISION IMPROVEMENT AGREEMENT FOR MAROON CREEK CLUB (FORMERLY PFISTER RANCH/GOLF) RECORDED NOVEMBER 12, 1993 IN BOOK 730 AT PAGE 606 AS RECEPTION NO. 363236, AND INSUBSTANTIAL P.U.D. AMENDMENT RECORDED DECEMBER 19, 1996 AS RECEPTION NO. 400129 AND AMENDMENT RECORDED MARCH 10, 2000 AS RECEPTION NO. 441279. NOTHING TO PLOT. 11. ALL MATTERS AS SHOWN AND CONTAINED ON PLAT OF MAROON CREEK CLUB RECORDED NOVEMBER 15, 1993 IN PLAT BOOK 33 AT PAGE 4 AS RECEPTION NO. 363275 AND AMENDED SHEET 2 RECORDED MARCH 31, 1994 IN PLAT BOOK 34 AT PAGE 23 AS RECEPTION NO. 368436, AND ASSIGNMENT OF FINAL SUBDIVISION PLAT AND PUD FOR MAROON CREEK CLUB RECORDED FEBRUARY 17, 1994 IN BOOK 742 AT PAGE 117 AS RECEPTION NO. 367059, AND ASSIGNMENT OF FINAL SUBDIVISION PLAT AND PUD FOR MAROON CREEK CLUB RECORDED FEBRUARY 17, 1994 IN BOOK 742 AT PAGE 121 AS RECEPTION NO. 367060. INFORMATION PERTAINING TO THE PLAT PLOTTED HEREON. 12. RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO GRANTING FINAL PLAT APPROVAL FOR MAROON CREEK CLUB (PREVIOUSLY PFISTER RANCH/GOLF), RESOLUTION NO. 93-104 RECORDED AUGUST 13, 1993 IN BOOK 721 AT PAGE 245 AS RECEPTION NO. 360002 AND RESOLUTION OF THE PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS DEFINING THE METHOD OF FLOOR AREA CALCULATION FOR THE MAROON CREEK DEVELOPMENT AND AMENDING RESOLUTION NO. 93-104, RESOLUTION NO. 95-128 RECORDED AUGUST 28, 1995 IN BOOK 791 AT PAGE 821 AS RECEPTION NO. 384763. NOTHING TO PLOT. 13. DEDICATION AGREEMENT FOR ROADS AS SET FORTH IN INSTRUMENT RECORDED NOVEMBER 12, 1993 IN BOOK 730 AT PAGE 662 AS RECEPTION NO. 363240. NOTHING TO PLOT. 14. GRANT OF EASEMENT AGREEMENT (AVIGATION EASEMENT) BY AND BETWEEN PEARCE EQUITIES GROUP II LIMITED LIABILITY COMPANY, A UTAH LIMITED LIABILITY COMPANY, AND PITKIN COUNTY, COLORADO RECORDED NOVEMBER 12, 1993 IN BOOK 730 AT PAGE 690 AS RECEPTION NO. 363242. NOTHING TO PLOT. 15. WATER SERVICE AGREEMENT RECORDED NOVEMBER 15, 1993 IN BOOK 730 AT PAGE 797 AS RECEPTION NO. 363258, AND ASSIGNMENT AND ASSUMPTION OF WATER LEASE AGREEMENT RECORDED NOVEMBER 15, 1993 IN BOOK 730 AT PAGE 865 AS RECEPTION NO. 363259, AND ASSIGNMENT AND ASSUMPTION AGREEMENT RECORDED JANUARY 7, 1994 IN BOOK 737 AT PAGE 899 AS RECEPTION NO. 365464 AND AMENDED ASSIGNMENT AND ASSUMPTION AGREEMENT RECORDED APRIL 11, 1994 IN BOOK 747 AT PAGE 191 AS RECEPTION NO. 368825 AND FIRST AMENDMENT RECORDED OCTOBER 17, 1997 AS RECEPTION NO. 409559. NOTHING TO PLOT. 16. RESTRICTIONS AND RESERVATIONS CONTAINED IN WARRANTY DEED RECORDED JUNE 20, 1994 IN BOOK 753 AT PAGE 757. NOTHING TO PLOT. 17. TRENCH, CONDUIT, AND VAULT AGREEMENT AS SET FORTH IN INSTRUMENT RECORDED JULY 11, 1994 IN BOOK 755 AT PAGE 55 AS RECEPTION NO. 371946. EASEMENT NOT SPECIFICALLY DEFINED, LOCATION OF TRENCH DIGITIZED AND PLOTTED HEREON. 18. ORDINANCE NO. 34 (SERIES OF 1996), AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF ASPEN, COLORADO TO BE KNOWN AND DESIGNATED AS ""MAROON CREEK CLUB SUBDIVISION (SOUTH) PROPERTY"" ANNEXATION RECORDED FEBRUARY 21, 1997 AS RECEPTION NO. 401985; ORDINANCE NO. 33 (SERIES OF 1996), AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN COLORADO, APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF ASPEN, COLORADO, TO BE KNOWN AND DESIGNATED AS THE ""MAROON CREEK CLUB SUBDIVISION (NORTH) PROPERTY"" ANNEXATION RECORDED FEBRUARY 21, 1997 AS RECEPTION NO. 401986; ORDINANCE NO. 40 (SERIES OF 1996) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A REZONING FOR THE MAROON CREEK SUBDIVISION IN CONJUNCTION WITH ANNEXATION INTO THE CITY OF ASPEN RECORDED APRIL 8, 1997 AS RECEPTION NO. 403224, AND RE-RECORDED AS RECEPTION NO. 404428. NOTHING TO PLOT. 19. CONDITIONS AND RESTRICTIONS AS SET FORTH ON THE MAROON CREEK CLUB ANNEXATION PLATS RECORDED FEBRUARY 6, 1997 IN PLAT BOOK 41 AT PAGE 76 AS RECEPTION NO. 401571, AND IN PLAT BOOK 41 AT PAGE 77 AS RECEPTION NO. 401572. NOTHING TO PLOT. 20. ROAD EASEMENT AGREEMENT AS SET FORTH IN INSTRUMENT RECORDED NOVEMBER 15, 1993 IN BOOK 730 AT PAGE 938 AS RECEPTION NO. 363262; ROAD MAINTENANCE AGREEMENT RECORDED NOVEMBER 12, 1993 IN BOOK 730 AT PAGE 739 AS RECEPTION NO.363249 AND ASSIGNMENT OF ROAD MAINTENANCE AGREEMENTS RELATED TO MAROON CREEK CLUB RECORDED SEPTEMBER 3, 1996 AS RECEPTION NO. 396644. NOTHING TO PLOT. 21. AGREEMENT REGARDING MAROON CREEK CLUB ROADS AND COMMON AREA PARCELS RECORDED SEPTEMBER 22, 1999 AS RECEPTION NO. 435797. NOTHING TO PLOT. 22. GRANT OF EASEMENT TO COMCAST OF COLORADO/FLORIDA RECORDED NOVEMBER 3, 2008 AS RECEPTION NO. 553987. NOTHING SPECIFICALLY DEFINED, THEREFORE NOTHING TO PLOT. 23. ORDINANCE NO. 26, SERIES OF 2014 RECORDED 10/23/2014 AS RECEPTION NO. 614783. NOTHING TO PLOT. 24. NOTICE OF APPROVAL RECORDED FEBRUARY 29, 2012 AS RECEPTION NO. 587075. NOTHING TO PLOT. 25. NOTICE OF APPROVAL RECORDED 2/18/2016 AS RECEPTION NO. 627141. NOTHING TO PLOT. NOTICE: ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. SURVEYOR'S CERTIFICATE: I, JEFFREY ALLEN TUTTLE, BEING A PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY CERTIFY TO TODD JACOBS AND BRET RICHHEIMER AND TITLE COMPANY OF THE ROCKIES, THAT THIS IMPROVEMENT SURVEY WAS PREPARED FROM AN ACTUAL MONUMENTED LAND SURVEY OF THE PROPERTY CORNER MONUMENTS, BOTH FOUND AND SET, UNDER MY DIRECT SUPERVISION AND CHECKING; THAT IT IS CORRECT TO THE BEST OF MY BELIEF AND KNOWLEDGE AND THAT ALL DIMENSIONS, BOTH LINEAR AND ANGULAR WERE DETERMINED BY AN ACCURATE CONTROL SURVEY IN THE FIELD WHICH BALANCED AND CLOSED WITHIN A LIMIT OF 1 IN 15,000 (WHICH COMPLIES WITH COLORADO PROFESSIONAL STANDARDS FOR A LAND SURVEY PLAT AND THE CURRENT ACCURACY STANDARDS FOR ALTA/ACSM LAND TITLE SURVEYS): I FURTHER CERTIFY THAT THE IMPROVEMENTS ON THE ABOVE DESCRIBED PARCEL ON THIS DATE MARCH 15, 2021, EXCEPT UTILITY CONNECTIONS, ARE ENTIRELY WITHIN THE BOUNDARIES OF THE PARCEL, EXCEPT AS SHOWN AND THAT THERE IS NO APPARENT EVIDENCE OR SIGN OF ANY EASEMENT CROSSING OR BURDENING ANY PART OF SAID PARCEL, EXCEPT AS NOTED. ___________________________________________03/22/2021______ JEFFREY ALLEN TUTTLE L.S. 33638 DATE Exhibit 9 FE N C E GOLF COURSE EASEMENT AREA N 4 3 ° 5 0 ' 4 1 " E 733 5 . 8 3 ' N 6 ° 3 8 ' 3 6 " E 57 0 6 . 8 5 ' GO L F C O U R S E PA R C E L # 2 7 3 5 1 1 2 0 9 0 5 3 MA R O O N C R E E K , L L C . NO T A P A R T P A T H CITY OF ASPEN GPS-159-S (NAVD 88) CITY OF ASPEN GPS-13 (NAVD 88) S3 ° 1 2 ' 3 4 " W 2 1 4 . 3 4 S83° 16' 46"W 1 8 5 . 7 1 S70° 4 5 ' 3 4 " W 1 6 5 . 3 7 N88° 00' 00"E 440.30 FND 5 8" REBAR WITH 1 14" RED PLASTIC CAP PLS 33638 FND 5 8" REBAR WITH 1 14" RED PLASTIC CAP PLS 33638 BEARS N66°45'21"W 0.48' C 1 L 1 C 2 C3 COMMON AREA NOT A PART PARCEL # 273511209053 MAROON CREEK, LLC. NOT A PART GOLF COURSE LOT 42 NOT A PART P F I S T E R D R I V E - A S P H A L T 100,764 SQ FT 2.313 AC.± P R O P O S E D B U I L D I N G E N V E L O P E FND 5 8" REBAR WITH 1 14" RED PLASTIC CAP PLS 33638 WITNESS CORNER FND 5 8" REBAR WITH 1 14" RED PLASTIC CAP PLS 33638 WITNESS CORNER 40.00 (BASIS OF BEARING) 2 0 ' S I D E S E T B A C K P E R C I T Y O F A S P E N 30' F R O N T S E T B A C K PER C I T Y O F A S P E N 20' SIDE SETBACK PER CITY OF ASPEN 20' REAR SETBACK PER CITY OF ASPEN P O S S I B L E H O L Y C R O S S E A S E M E N T P E R R E C . # 3 7 1 9 4 6 EXISTING DEVELOPMENT ENVELOPE C 4 PRO P O S E D D E V E L O P M E N T E N V E L O P E PROP O S E D D E V E L O P M E N T E N V E L O P E TIE T O P R O P O S E D DE V E L O P M E N T E N V E L O P E E X I S T I N G D E V E L O P M E N T E N V E L O P E P E R P L A T B K 3 3 P G 4 - 2 9 , 3 9 7 S Q . F T . 0 . 6 7 5 A C R E S ± SOLID HATCHED AREA = 2,022.12 SQ. FT./0.046 ACRES ± (AREA ADDED TO DEVELOPMENT ENVELOPE BY THIS AMENDMENT PLAT) D E V E L O P M E N T E N V E L O P E P E R T H I S P L A T 2 9 , 3 9 9 S Q . F T . 0 . 6 7 5 A C R E S ± ZIGZAG HATCHED AREA = 1,980.77 SQ. FT./0.045 ACRES ± (AREA OF DEVELOPMENT ENVELOPE VACATED BY THIS AMENDMENT PLAT) SOLID HATCHED AREA = 3,372.26 SQ. FT./0.077 ACRES ± (AREA ADDED TO DEVELOPMENT ENVELOPE BY THIS AMENDMENT PLAT) ZIGZAG HATCHED AREA = 3,158.21 SQ. FT./0.073 ACRES ± (AREA OF DEVELOPMENT ENVELOPE VACATED BY THIS AMENDMENT PLAT) N56° 3 2 ' 4 5 " E 5 9 . 5 0 S 3 3 ° 2 7 ' 1 5 " E 1 8 6 . 3 9 S56° 3 2 ' 4 5 " W 7 5 . 8 9 ZIGZAG HATCHED AREA = 254.39 SQ. FT./0.006 ACRES ± (AREA OF DEVELOPMENT ENVELOPE VACATED BY THIS AMENDMENT PLAT) C 5 C6 L2 C 7 C 8 L3 L 4 C9 L5 L 6 L7 C 1 0 L9 L10 N64° 0 3 ' 5 0 " E 6 9 . 2 2 C1 1 L11 C 1 2 C1 3 N56° 3 2 ' 4 5 " E 7 0 . 2 9 S 3 3 ° 2 4 ' 2 8 " E 7 2 . 2 6 L 8 EXIS T I N G B U I L D I N G E N V E L O P E P E R P L A T B K 3 3 P G 4 - 1 5 0 0 0 S Q . F T . 0 . 3 4 4 A C R E S ± ( C O N C E P T U A L L Y SHO W N , N O T D I M E N S I O N E D O N P L A T ) N 3 3 ° 2 7 ' 1 5 " W 1 1 3 . 2 7 BUIL D I N G E N V E L O P E P E R T H I S P L A T 1499 3 S Q . F T . 0 . 3 4 4 A C R E S ± P R O P O S E D B U I L D I N G E N V E L O P E SQUARE HATCHED AREA = 3726.61 SQ. FT./0.086 ACRES ± (AREA OF BUILDING ENVELOPE VACATED BY THIS AMENDMENT PLAT) WOVEN HATCHED AREA = 3716.41 SQ. FT./0.085 ACRES ± (AREA OF BUILDING ENVELOPE TO BE ADDED BY THIS AMENDMENT PLAT) EXIS T I N G B U I L D I N G E N V E L O P E P E R P L A T B K 3 3 P G 4 - 1 5 0 0 0 S Q . F T . 0 . 3 4 4 A C R E S ± ( C O N C E P T U A L L Y SHO W N , N O T D I M E N S I O N E D O N P L A T ) E X I S T I N G B U I L D I N G E N V E L O P E P E R P L A T B K 3 3 P G 4 - 1 5 0 0 0 S Q . F T . 0 . 3 4 4 A C R E S ± ( C O N C E P T U A L L Y S H O W N , N O T D I M E N S I O N E D O N P L A T ) CURVE TABLE CURVE # C1 C2 C3 C4 C5 C6 C7 LENGTH 79.10' 146.90' 72.50' 256.91' 34.92' 23.47' 58.25' RADIUS 150.00' 130.00' 170.00' 155.88' 150.15' 51.46' 119.83' DELTA 30° 12' 53" 64° 44' 38" 24° 26' 03" 94° 25' 56" 13° 19' 29" 26° 07' 40" 27° 51' 01" CHORD LENGTH 78.19' 139.21' 71.95' 228.80' 34.84' 23.26' 57.68' CHORD DIRECTION N34° 20' 52.5"W N17° 05' 00.0"W N03° 04' 17.5"E N03° 22' 01.3"W N25° 54' 39.0"W N00° 43' 08.5"W N19° 42' 22.1"W CURVE TABLE CURVE # C8 C9 C10 C11 C12 C13 LENGTH 78.15' 25.44' 64.04' 67.48' 48.39' 11.19' RADIUS 100.00' 200.00' 155.10' 124.62' 100.00' 200.00' DELTA 44° 46' 46" 7° 17' 18" 23° 39' 22" 31° 01' 32" 27° 43' 36" 3° 12' 21" CHORD LENGTH 76.18' 25.42' 63.58' 66.66' 47.92' 11.19' CHORD DIRECTION N14° 18' 26.4"W N06° 05' 54.0"E S17° 05' 57.4"E S29° 39' 40.0"W N05° 46' 51.6"W N08° 08' 22.9"E LINE TABLE LINE # L1 L2 L3 L4 LENGTH 8.30' 11.14' 22.75' 22.33' DIRECTION N49° 27' 19"W N89° 33' 48"W N56° 34' 13"E N33° 16' 10"W LINE TABLE LINE # L5 L6 L7 L8 LENGTH 16.27' 31.27' 7.38' 39.83' DIRECTION N88° 00' 00"E S32° 56' 33"E N56° 32' 29"E S26° 10' 53"E LINE TABLE LINE # L9 L10 L11 LENGTH 22.01' 4.03' 36.12' DIRECTION S64° 42' 14"W S60° 26' 24"W S56° 32' 45"W LOT 41, MAROON CREEK CLUB AS SHOWN ON THE FINAL SUBDIVISION PLAT & P.U.D. FOR MAROON CREEK RECORDED NOVEMBER 15, 1993 IN PLAT BOOK 33 AT PAGE 4 COUNTY OF PITKIN, STATE OF COLORADO THE PURPOSE OF THIS PLAT IS TO AMEND THE DEVELOPMENT ENVELOPE FOR LOT 41 VICINITY MAP SCALE: 1" = 2000' AMENDED FINAL PLATLOT 41 MAROON CREEK CLUB ASPEN, CO 81611 LEGAL DESCRIPTION: LOT 41, MAROON CREEK CLUB, AS SHOWN ON THE FINAL PLAT AND PUD FOR MAROON CREEK CLUB RECORDED NOVEMBER 15, 1993 IN PLAT BOOK 33 AT PAGE 4. COUNTY OF PITKIN, STATE OF COLORADO AMENDED FINAL PLAT NOTICE: ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. SURVEYOR'S CERTIFICATE: I, JEFFREY ALLEN TUTTLE, DO HEREBY CERTIFY THAT I AM A PROFESSIONAL LAND SURVEYOR LICENSED UNDER THE LAWS OF THE STATE OF COLORADO, THAT THIS PLAT IS A TRUE, CORRECT AND COMPLETE PLAT OF THE AMENDED FINAL PLAT OF LOT 41 MAROON CREEK CLUB SUBDIVISION AND P.U.D. AS LAID OUT, PLATTED, DEDICATED AND SHOWN HEREON. THAT SUCH PLAT WAS MADE FROM AN ACCURATE CONTROL SURVEY OF SAID PROPERTY UNDER MY SUPERVISION IN THE FIELD WHICH BALANCED AND CLOSED WITHIN A LIMIT OF 1 IN 15,000 (WHICH COMPLIES WITH COLORADO PROFESSIONAL STANDARDS FOR A LAND SURVEY PLAT AND THE CURRENT ACCURACY STANDARDS FOR ALTA/NSPS LAND TITLE SURVEYS) AND CORRECTLY SHOWS THE LOCATION AND DIMENSIONS OF THE LOTS, EASEMENTS AND STREETS AS THE SAME ARE STAKED UPON THE GROUND IN COMPLIANCE WITH APPLICABLE REGULATIONS GOVERNING THE SUBDIVISION OF LAND. IN WITNESS WHEREOF, I HAVE SET MY HAND AND SEAL THIS DAY OF A.D., 2021. JEFFREY ALLEN TUTTLE, P.L.S. #33638 COMMUNITY DEVELOPMENT DIRECTOR APPROVAL: THIS AMENDED FINAL PLAT OF LOT 41, MAROON CREEK CLUB SUBDIVISION AND P.U.D. HAS BEEN REVIEWED AND APPROVED FOR COMPLIANCE WITH THE APPLICABLE PROVISIONS OF THE CITY OF ASPEN LAND USE CODE BY THE CITY OF ASPEN COMMUNITY DEVELOPMENT DIRECTOR THIS_____DAY OF __________, 2021. TO THE EXTENT THAT ANYTHING IN THIS PLAT IS INCONSISTENT OR IN CONFLICT WITH ANY CITY OF ASPEN DEVELOPMENT ORDERS RELATING TO THIS PROPERTY OR ANY OTHER PROVISIONS OF APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO OTHER APPLICABLE LAND USE REGULATIONS AND BUILDING CODES, SUCH OTHER DEVELOPMENT ORDERS OR APPLICABLE LAWS SHALL CONTROL. CITY OF ASPEN COMMUNITY DEVELOPMENT DIRECTOR CERTIFICATE OF DEDICATION AND OWNERSHIP: THAT _______________________________________________________, BEING SOLE OWNER IN FEE SIMPLE OF ALL THAT REAL PROPERTY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: LOT 41, ACCORDING TO THE FINAL SUBDIVISION PLAT & P.U.D. OF MAROON CREEK CLUB RECORDED IN PLAT BOOK 33 AT PAGE 4 CONTAINING 2.788 ACRES, MORE OR LESS, HAVE CAUSED A PORTION OF SAID REAL PROPERTY AFFECTED HEREBY TO BE SURVEYED, LAID OUT AND PLATTED AS SHOWN ON THIS AMENDED FINAL PLAT OF LOT 41, MAROON CREEK CLUB SUBDIVISION & P.U.D., CITY OF ASPEN. COUNTY OF PITKIN, STATE OF COLORADO. IN WITNESS WHEREOF SAID OWNER HAS CAUSED ITS NAME TO BE HEREUNTO SUBSCRIBED THIS _____DAY OF __________, 2021. BY: BY: PRINT NAME: TITLE: STATE OF } } SS. COUNTY OF } THE FOREGOING DOCUMENT WAS ACKNOWLEDGED BEFORE ME THIS _____DAY OF __________, 2021. BY MANAGER OF WITNESS MY HAND OFFICIAL SEAL. CITY ENGINEER: THIS AMENDED FINAL PLAT OF LOT 41, MAROON CREEK CLUB AS SHOWN ON THE FINAL SUBDIVISION PLAT AND P.U.D. FOR MAROON CREEK CLUB RECORDED NOVEMBER 15, 1993 IN PLAT BOOK 33 AT PAGE 4 WAS REVIEWED FOR THE DEPICTION OF THE ENGINEERING DEPARTMENT SURVEY REQUIREMENTS. THIS DAY OF OF 2015. CITY ENGINEER TITLE CERTIFICATE: I, , AN ATTORNEY LICENSED TO PRACTICE LAW IN THE STATE OF COLORADO, OR AGENT AUTHORIZED BY A TITLE INSURANCE COMPANY, DO HEREBY CERTIFY THAT I HAVE EXAMINED THE TITLE TO ALL LANDS SHOWN UPON THIS PLAT AND THAT TITLE TO SUCH LANDS IS VESTED IN , FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES (INCLUDING MORTGAGES, DEEDS OF TRUST, JUDGEMENTS, EASEMENTS, CONTRACTS AND AGREEMENTS OF RECORD AFFECTING THE REAL PROPERTY IN THIS PLAT), EXCEPT AS FOLLOWS: THOSE OF RECORD DATED THIS_____DAY OF __________, 2021. TITLE COMPANY AGENT CLERK AND RECORDER'S: THIS AMENDED FINAL PLAT OF LOT 41, MAROON CREEK CLUB AS SHOWN ON THE FINAL SUBDIVISION PLAT AND P.U.D. FOR MAROON CREEK CLUB RECORDED NOVEMBER 15, 1993 IN PLAT BOOK 33 AT PAGE 4 IS ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO THIS _____DAY OF __________, 2021, PLAT BOOK ON PAGE AS RECEPTION NO. . CLERK AND RECORDER PLAT APPROVAL CERTIFICATE: THIS AMENDED FINAL PLAT HAS BEEN APPROVED BY MAROON CREEK CLUB MASTER ASSOCIATION, INC. IN WITNESS WHEREOF THIS _____DAY OF , 2021. BY: PRINT NAME: TITLE: STATE OF } } SS. COUNTY OF } THE FOREGOING DOCUMENT WAS ACKNOWLEDGED BEFORE ME HIS _____DAY OF __________, 2021. BY WITNESS MY HAND OFFICIAL SEAL. OWNER INFORMATION: OWNER: PFISTER CUZLINGS LLC TODD B. JACOBS, MANAGER 443 GREENWICH 2A NEW YORK, NY 10013 SITE ADDRESS: TBD PFISTER DRIVE ASPEN, CO 81611 Exhibit 10