HomeMy WebLinkAboutMCC 41 Env Adjustment_LPA-21-103 FOR COMPLETENESS REVIEW
300 SO SPRING ST | 202 | ASPEN, CO 81611
970.925.2855 | BENDONADAMS.COM
October 4, 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 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 is proposed for adjustment to
accommodate this change. The
Development Envelope remains the
same size but with an altered
configuration. The Building Envelope
remains the same.
The maps to the right show
the existing and proposed
Development Envelope
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 resulting area is no
larger than the current area.
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.
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 to 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:
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.
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
MCC Lot 41
Page 3
300 SO SPRING ST | 202 | ASPEN, CO 81611
970.925.2855 | BENDONADAMS.COM
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, from
Google Maps, show 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. 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
4 Colo. 9th Judicial District Court Case No. 2016-CV-30094
5 Section 1, Table A, CoA Ord 26, 2014
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 outline 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 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 envelope represents 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 development
envelope.
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 envelope.
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 development 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
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FND 5 8" REBAR WITH
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TELEPHONE
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ZONING: RURAL RESIDENTIAL
(BASIS OF BEARING)
20' SIDE SETBACK
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30' FRONT SETBACK
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20' SIDE SETBACK
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20' REAR SETBACK
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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
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GPS-159-S (NAVD 88)
CITY OF ASPEN
GPS-13 (NAVD 88)
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FND 5 8" REBAR WITH 1 14"
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FND 5 8" REBAR
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PLS 33638 BEARS
N66°45'21"W 0.48'
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NOT A PART
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LOT 42
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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)
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20' REAR SETBACK
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ENVELOPE
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N2
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L2L3PROPOSED DEVELOPMENT ENVELOPE
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SOLID HATCHED AREA = 1,421 SQ.
FT./0.033 ACRES ± (AREA ADDED TO
DEVELOPMENT ENVELOPE BY THIS
AMENDMENT PLAT)
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ZIGZAG HATCHED AREA = 1,546 SQ.
FT./0.035 ACRES ± (AREA OF
DEVELOPMENT ENVELOPE VACATED
BY THIS AMENDMENT PLAT)
SOLID HATCHED AREA = 3,221 SQ.
FT./0.074 ACRES ± (AREA ADDED TO
DEVELOPMENT ENVELOPE BY THIS
AMENDMENT PLAT)
ZIGZAG HATCHED AREA = 3,098 SQ.
FT./0.071 ACRES ± (AREA OF
DEVELOPMENT ENVELOPE VACATED
BY THIS AMENDMENT PLAT)
LINE TABLE
LINE #
L1
L2
L3
L4
LENGTH
8.30'
15.02'
7.50'
8.30'
DIRECTION
N49° 27' 19"W
S88° 00' 00"W
N02° 00' 00"W
S49° 27' 19"E
CURVE TABLE
CURVE #
C1
C2
C3
C4
C5
C6
C7
C8
C9
LENGTH
79.10'
146.90'
72.50'
256.91'
71.03'
38.94'
9.52'
113.00'
69.00'
RADIUS
150.00'
130.00'
170.00'
155.88'
155.88'
150.00'
180.00'
100.00'
200.00'
DELTA
30° 12' 53"
64° 44' 38"
24° 26' 03"
94° 25' 56"
26° 06' 31"
14° 52' 28"
3° 01' 45"
64° 44' 38"
19° 45' 59"
CHORD LENGTH
78.19'
139.21'
71.95'
228.80'
70.42'
38.83'
9.52'
107.08'
68.66'
CHORD DIRECTION
N34° 20' 52.5"W
N17° 05' 00.0"W
N03° 04' 17.5"E
N03° 22' 01.3"W
N14° 01' 20.7"W
S26° 40' 40.1"E
S47° 56' 26.3"E
S17° 05' 00.0"E
S05° 24' 19.5"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