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Home My WebLink About1421 Crystal Lake Rd Unit 1C_ESA Stream Margin Exemption ApplicationLand Use Application Aspen Club Unit C1 20 May 2021 Location: 1421 Crystal Lake Rd #C1 (273718131015) An application for a Stream Margin Exemption to redevelop existing patio space with new spa and hardscape terrace improvements. Represented By: Aspen Club Unit 1 Building C 1421 Crystal Lake Rd #1C (273718131015) Stream Margin Exemption 20 May 2021 Page | 1 TABLE OF CONTENTS  Project Overview and Code Response  Attachment 2 –Land Use Application Form  Attachment 3- Vicinity Map and Property Description  Attachment 4- Letter of Authorization  Attachment 5 - Proof of Ownership  Attachment 6 – ACC License Agreement Approving Spa and HOA Form  Attachment 7 - Site Improvement Survey  Attachment 8 – Proposed Landscape Plan  Attachment 9 – Stream Margin Mapping  Attachment 10 - Pre-Application Conference Summary Aspen Club Unit 1 Building C 1421 Crystal Lake Rd #1C (273718131015) Stream Margin Exemption 20 May 2021 Page | 2 PROJECT OVERVIEW This application is submitted on behalf of the Janet S. Crown Living Trust (the “Applicant”) for Stream Margin Exemption to allow improvements to the existing patio and the replacement of a “portable” spa. The patio is located on the western side of Unit 1, Building C, Aspen Club Condominiums (the “Property”). The Aspen Club Condominiums (the “ACC”) is currently zoned R-15/PD. This application has been completed in conformance with pre-application conference summary dated 1 June 2020. The Property is situated adjacent to the northern bank of the Roaring Fork River. While the Property is located within the 100’ stream margin review area, as provided for in current City of Aspen GIS mapping, the area where the proposed development is proposed falls above the mapped “Flood Map AE Line” which is shown on the “Exhibit Map for Stream Margin Review” prepared by Sopris Engineering. This exhibit has been made a part of this application. The “Flood Map AE Line” is analogous to the high-water line mentioned in the criteria for stream margin exemption. Discussions with City of Aspen staff has determined that the location of the proposed improvements above the “Flood Map AE Line” indicates that this exemption request is appropriate. The Applicant proposes providing an approximately 12’x20’ hardscape terrace adjacent to the side yard of the existing unit. The terrace will include a semi-recessed “portable” spa. The Applicant is aware of the current prohibition of adding floor area to the Aspen Club Condominiums given that the PD has no floor area available for expansions. As such, the spa will be located so that the mechanical vault will be entirely below finished grade and therefore floor area neutral. All other location criteria as set forth in Municipal Code Section 26.575.020 pertaining setbacks have been met. The applicant has secured the necessary HOA approvals from the Aspen Club Condominium Association HOA. Copies of these approvals have been made a part of this application. We look forward to working with City of Aspen staff in connection with this matter. Aspen Club Unit 1 Building C 1421 Crystal Lake Rd #1C (273718131015) Stream Margin Exemption 20 May 2021 Page | 3 LAND USE CODE RESPONSES Sec. 26.435.040. - Stream margin review. (b) Exemptions. The Community Development Director may exempt the following types of development within the stream margin review area: (1) Construction of pedestrian or automobile bridges, public trails or structures for irrigation, drainage, flood control or water diversion, bank stabilization, provided plans and specifications are submitted to the City engineer demonstrating that the structure is engineered to prevent blockage of drainage channels during peak flows and the Community Development Director determines the proposed structure complies, to the extent practical, with the stream margin review standards. Not applicable. (2) Construction of improvements essential for public health and safety which cannot be reasonably accommodated outside of the "no development area" prescribed by this Section including, but not limited to, potable water systems, sanitary sewer, utilities and fire suppression systems provided the Community Development Director determines the development complies, to the extent practical, with the stream margin review standards. Not applicable (3) The expansion, remodeling or reconstruction of an existing development provided the following standards are met: a. The development does not add more than ten percent (10%) to the floor area of the existing structure or increase the amount of building area exempt from floor area calculations by more than twenty-five percent (25%). All stream margin exemptions are cumulative. Once a development reaches these totals, a stream margin review by the Planning and Zoning Commission is required; and The development does not add more than ten percent (10%) of the floor area of the existing structure or increase the amount of building area exempt from floor area calculations by more than twenty-five percent (25%). The proposed patio will be located within six inches (6”) of finished grade. The spa will be recessed so that the spa will not be more than thirty inches (30”) below or above grade where the spa is located in a side-yard, non-street facing setback. b. The development does not require the removal of any tree for which a permit would be required pursuant to Chapter 13.20 of this Code. The proposed development does not require the removal of trees. c. The development is located such that no portion of the expansion, remodeling or reconstruction will be any closer to the high water line than is the existing development; The area where the proposed development is located is located above the mapped “Flood Map AE Line” which is shown on the “Exhibit Map for Stream Margin Review” prepared by Sopris Engineering and made a part of this application. The “Flood Map Aspen Club Unit 1 Building C 1421 Crystal Lake Rd #1C (273718131015) Stream Margin Exemption 20 May 2021 Page | 4 AE Line” is analogous to the high-water line mentioned in the criteria for stream margin exemption. d. The development does not fall outside of an approved building envelope if one has been designated through a prior review; and Not applicable as no building envelope has been delineated. Moreover, standard zoning setbacks are not applicable given the inappropriate zoning that has been applied to the ACC. e. The expansion, remodeling or reconstruction will cause no increase to the amount of ground coverage of structures within the 100-year flood plan. The expansion, remodeling or reconstruction will not cause an increase to the ground coverage of structures within the 100-year flood plan. Project Name and Address: Stream Mar Parcel ID # (REQUIRED) 272718131015 LAND USE APPLICATION in Exemption, Unit C1, 1421 Crystal Lake Road APPLICANT: Name: Janet S. Crown Living Trust Address: 222 N. La Salle Street #800, Chicago, IL 60601 310-746-5520 Phone #: ___ email: Lanet.crown9)gmail.com_______ REPRESENTIVATIVE: Name: Patrick Rawley, AICP, ASLA Address: 400 W. Main, Suite 203, Armen, CO 81611 Phone#: 970-925-2323 email: Patrick@scaplanning.com Description: Existing and Proposed Conditions An application tfor Stream Margin Exemption for a revised patio configuration and replacement of a "portable" spa. Review: Administrative or Board Review Administrative Required Land Use Review(s): Stream Margin Exemption Growth Management Quota System (GMQS) required fields: Net Leasable square footage n/a Lodge Pillows n/a Free Market dwelling units n/a Affordable Housing dwelling units n/a Essential Public Facility square footage n/a Have you included the following? FEES DUE: $ 2,275 ® Pre -Application Conference Summary ® Signed Fee Agreement ® HOA Compliance form ® All items listed in checklist on PreApplication Conference Summary 1,200 200.0 Legend 1: WGS_1984_Web_Mercator_Auxiliary_Sphere Feet0200.0100.00 Notes Pitkin Maps & More THIS MAP IS FOR INFORMATIONAL PURPOSES. Pitkin County GIS makes no warranty or guarantee concerning the completeness, accuracy, or reliability of the content represented. Map Created on 11:42 AM 06/26/20 at http://www.pitkinmapsandmore.com State Highway Road Centerline 4K Primary Road Secondary Road Service Road Address Number Parcel Boundary Condo Subdivision Rivers and Creeks Continuous Intermittent River, Lake or Pond Town Boundary Federal Land Boundary BLM State of Colorado USFS Report Created: 6/16/2020 2:35:37 PM Parcel ID: 273718131015Pitkin County Parcel Report Upper Roaring Fork River Not within a Historic District No Zoning Overlay on this parcel No Zoning District on this parcel AACP Not within a Caucus Area Watershed Subbasin Watershed Drainage Historic District Zone District Overlays Zone District Master Plan Area Caucus Boundaries Pitkin County Library Aspen School District No. 1 (RE) Aspen Fire Protection District City of Aspen Water Service Area Aspen Consolidated Sanitation District Library District School District Fire District Water District Sewer System Services Land Use Category 2900 Sq. Feet Improvements Assessor's Information Township, Range, Section 1785.96 Sq. Feet 1421 CRYSTAL LAKE RD #1C Aspen GIS Parcel Size Address (Assessor's Records) Jurisdiction Property Information 1230: Residential-Condominium Roaring Fork River above Aspen 222 N LA SALLE ST #800 CHICAGO, IL 60601 R008585 CROWN JANET S LIV TRUSTOwner Account Owner Address T:10, R:84, S:18 Subdivision: ASPEN CLUB Unit: 1 DESC: BLDG CLegal Description 1 1 U.S. House of Representatives District Board of County Commissioners District(s) State Senate District State House District Voting Precinct Voting Information 3 5 61 Ute Cemetery, Ute 1010, Freddie Fisher Park, Garrish Park, SMOS - Mascotte 99, Millionaire Lode, Ute Mesa Mascotte 99, East of Aspen , Ute, Ajax Park, East of Aspen, No Problem Joe, E Hopkins Ave, Clarendon, HWY 82, Aspen Club, Wheeler Ditch , Ajax, Aspen Mountain Rd, Alps, Ute Ave, Snyder Park Glory Hole Park, Anderson, Ajax Park, Ute Park, Snyder Park Open Spaces Nearby (1/2 Mile) Trails Nearby (1/2 Mile) Parks Nearby (1/2 Mile) Public Amenities Watershed Subbasin Watershed Drainage Tax Information Address Retired Parcel Documents Parcel 273718131015 None Found Roaring Fork River above Aspen COUNTY TV/FM TRANSLATOR COUNTY HUMAN SERVICES ASPEN CONSOLIDATED SANITA ASPEN VALLEY HOSPITAL ASPEN HISTORIC PARK & REC COLORADO MTN COLLEGE Total COUNTY ROAD & BRIDGE EAST ASPEN METRO DISTRICT COLORADO RIVER WATER CONS PITKIN COUNTY LIBRARY OPEN SPACE & TRAILS HEALTHY COMMUNITY FUND ROARING FORK TRANSP AUTH ASPEN FIRE PROTECTION ASPEN AMBULANCE DISTRICT ASPEN SCHOOL DISTRICT PITKIN COUNTY GENERAL FND CITY OF ASPEN 2.606 0.375 4.962 1.377 0.501 8.88 0.941 2.31 3.75 0.171 2.597 0.095 0.274 4.013 0.3 2.65 0.065 0.235 $1,167.60 $155.99 $811.40 $116.76 $29.58 $808.60 $85.31 $292.99 $719.26 $428.74 $53.24 $93.41 $20.24 $1,249.49 $1,544.97 $2,764.87 $73.17 $825.10 AmountAuthorityMill Levy 36.102 $11,240.72 No Retired Janet S. Crown Living Trust Janet S. Crown, Trustee 222 N. La Salle Street #800 Chicago, IL 60601 28 November 2020 Mr. Bob Narracci, AICP Zoning Administrator City of Aspen Community Development Department 130 S. Galena Street Aspen, CO 81611 Re: Authorization to Submit Steam Margin Exemption Application Dear Mr. Narracci: This letter is to certify that I, Janet S. Crown, Trustee of the Janet S. Crown Living Trust, owner of the condominium located at 1421 Crystal Lake Rd., Unit C1, give Stan Clauson Associates, Inc., and its staff permission to represent me in discussions with the City of Aspen regarding the development of the property. I have retained this firm to represent us in the application for this project. If you should have any questions regarding this matter please do not hesitate to contact me. Contact information for Stan Clauson Associates is as follows: Patrick S. Rawley, AICP, ASLA Stan Clauson Associates, Inc. 412 N. Mill Street Aspen, CO 81611 Tel 970-925-2323 Fax 970-920-1628 Very Truly Yours, Jan . Crown Trustee Janet S. Crown Living Trust Land Title Guarantee Company Customer Distribution PREVENT FRAUD - Please remember to call a member of our closing team when initiating a wire transfer or providing wiring instructions. Order Number:Q62012236 Date: 01/13/2021 Property Address:1421 CRYSTAL LAKE RD # 1C, ASPEN, CO 81611 PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS For Closing Assistance For Title Assistance Land Title Roaring Fork Valley Title Team 533 E HOPKINS #102 ASPEN, CO 81611 (970) 927-0405 (Work) (970) 925-0610 (Work Fax) valleyresponse@ltgc.com Seller/Owner JANET S. CROWN LIVING TRUST Delivered via: No Commitment Delivery Attorney for Seller STAN CLAUSON ASSOCIATES, INC Attention: PATRICK RAWLEY 412 NORTH MILL ST ASPEN, CO 81611 (970) 925-2323 (Work) patrick@scaplanning.com rob@sin-bad.com Delivered via: Electronic Mail Land Title Guarantee Company Estimate of Title Fees Order Number:Q62012236 Date: 01/13/2021 Property Address:1421 CRYSTAL LAKE RD # 1C, ASPEN, CO 81611 Parties:A BUYER TO BE DETERMINED JANET S. CROWN AS TRUSTEE OF THE JANET S. CROWN LIVING TRUST DATED JULY 18, 2014 Visit Land Title's Website at www.ltgc.com for directions to any of our offices. Estimate of Title insurance Fees "TBD" Commitment $217.00 Total $217.00 If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at closing. Thank you for your order! Note: The documents linked in this commitment should be reviewed carefully. These documents, such as covenants conditions and restrictions, may affect the title, ownership and use of the property. You may wish to engage legal assistance in order to fully understand and be aware of the implications of the effect of these documents on your property. Chain of Title Documents: Pitkin county recorded 01/25/2016 under reception no. 626556 Pitkin county recorded 01/06/2016 under reception no. 626164 Pitkin county recorded 06/03/1996 under reception no. 393305 Pitkin county recorded 05/15/1996 under reception no. 392695 Pitkin county recorded 05/13/1996 under reception no. 392648 Pitkin county recorded 02/02/1979 at book 362 page 963 Plat Map(s): Pitkin county recorded 08/17/1977 under reception no. 196748 at book 6 page 20 Copyright 2006-2021 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Property Address: 1421 CRYSTAL LAKE RD # 1C, ASPEN, CO 81611 1.Effective Date: 12/31/2020 at 5:00 P.M. 2.Policy to be Issued and Proposed Insured: "TBD" Commitment Proposed Insured: A BUYER TO BE DETERMINED $0.00 3.The estate or interest in the land described or referred to in this Commitment and covered herein is: A FEE SIMPLE 4.Title to the estate or interest covered herein is at the effective date hereof vested in: JANET S. CROWN AS TRUSTEE OF THE JANET S. CROWN LIVING TRUST DATED JULY 18, 2014 5.The Land referred to in this Commitment is described as follows: CONDOMINIUM UNIT C-1, BUILDING C, THE ASPEN CLUB CONDOMINIUMS, ACCORDING TO THE CONDOMINIUM MAP THEREOF RECORDED AUGUST 17, 1977 IN PLAT BOOK 6 AT PAGE 20 AND ACCORDING TO THE CONDOMINIUM DECLARATION THEREOF RECORDED APRIL 29, 1977 IN BOOK 328 AT PAGE 80 AND AMENDMENTS THERETO RECORDED AUGUST 17, 1977 IN BOOK 333 AT PAGE 722, MAY 4, 1989 IN BOOK 591 AT PAGE 780 AND NOVEMBER 10, 1989 IN BOOK 606 AT PAGE 995. COUNTY OF PITKIN, STATE OF COLORADO. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number:Q62012236 ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: Q62012236 All of the following Requirements must be met: This 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. Pay the agreed amount for the estate or interest to be insured. Pay the premiums, fees, and charges for the Policy to the Company. 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. The following will be required should the Company be requested to issue a future commitment to insure: 1.EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF THE CITY OF ASPEN TRANSFER TAX HAVE BEEN SATISFIED. 2.THE FULLY EXECUTED TRUST AGREEMENT OF RC WILMETTE RESIDENTIAL TRUST DATED MAY 13, 1996, A TRUST, MUST BE FURNISHED TO LAND TITLE GUARANTEE COMPANY PRIOR TO CLOSING SO THAT THE COMPANY CAN CONFIRM THE ACCURACY OF THE STATEMENTS APPEARING IN THE STATEMENT OF AUTHORITY OR TRUST AFFIDAVIT OF PUBLIC RECORD. NOTE: NEED TO VERIFY TRUSTEES AUTHORIZED TO EXECUTE DOCUMENTS. STATEMENT OF AUTHORITY RECORDED JANUARY 6, 2016 AS RECEPTION NO. 626166 NAMES LESTER CROWN AS SUCCESSOR TRUSTEE AUTHORIZED TO EXECUTE DOCUMENTS BUT THE VESTING DEED RECORDED JANUARY 25, 2016 AS RECEPTION NO. 626556 IS EXECUTED BY H. DEBRA LEVIN AS SUCCESSOR TRUSTEE. 3.THE FULLY EXECUTED TRUST AGREEMENT OF JANET S. CROWN LIVING TRUST DATED JULY 18, 2014, A TRUST, MUST BE FURNISHED TO LAND TITLE GUARANTEE COMPANY PRIOR TO CLOSING SO THAT THE COMPANY CAN CONFIRM THE ACCURACY OF THE STATEMENTS APPEARING IN THE STATEMENT OF AUTHORITY OR TRUST AFFIDAVIT OF PUBLIC RECORD. 4.WRITTEN CONFIRMATION THAT THE INFORMATION CONTAINED IN STATEMENT OF AUTHORITY FOR JANET S. CROWN LIVING TRUST DATED JULY 18, 2014 RECORDED JANUARY 25, 2016 AT RECEPTION NO. 626557 IS CURRENT. NOTE: SAID INSTRUMENT DISCLOSES JANET S. CROWN AS THE TRUSTEE AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF SAID ENTITY. IF THIS INFORMATION IS NOT ACCURATE, A CURRENT STATEMENT OF AUTHORITY MUST BE RECORDED. 5.GOOD AND SUFFICIENT DEED FROM JANET S. CROWN AS TRUSTEE OF THE JANET S. CROWN LIVING TRUST DATED JULY 18, 2014 TO A BUYER TO BE DETERMINED CONVEYING SUBJECT PROPERTY. NOTE: ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE BUYERS NAMES ARE ADDED TO THIS COMMITMENT. COVERAGES AND/OR CHARGES REFLECTED HEREIN, IF ANY, ARE SUBJECT TO CHANGE UPON RECEIPT OF THE CONTRACT TO BUY AND SELL REAL ESTATE AND ANY AMENDMENTS THERETO. THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. This commitment does not republish any covenants, condition, restriction, or limitation contained in any document referred to in this commitment to the extent that the specific covenant, conditions, restriction, or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender identity, handicap, familial status, or national origin. 1.Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4.Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5.Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date 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. 7.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 8.RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED JUNE 17, 1949, IN BOOK 175 AT PAGE 246. 9.TERMS, CONDITIONS AND PROVISIONS OF SUBDIVISION AND PUD AGREEMENT RECORDED MAY 19, 1976 IN BOOK 312 AT PAGE 110. 10.TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN EASEMENT RECORDED SEPTEMBER 25, 1975 IN BOOK 303 AT PAGE 452 AND SUPPLEMENTARY AGREEMENT RECORDED JULY 29, 1977 IN BOOK 332 AT PAGE 540. 11.TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN EASEMENT AGREEMENT RECORDED MAY 19, 1976 IN BOOK 312 AT PAGE 158 AND AGREEMENT RECORDED MAY 19, 1976 IN BOOK 312 AT PAGE 165. 12.EASEMENT AS DESCRIBED IN DEED RECORDED MAY 19, 1976 IN BOOK 312 AT PAGE 186, IN BOOK 312 AT PAGE 188 AND INSTRUMENT RECORDED AUGUST 17, 1977 IN BOOK 333 AT PAGE 730. 13.TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN RECIPROCAL EASEMENT GRANT RECORDED MAY 19, 1976 IN BOOK 312 AT PAGE 196. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: Q62012236 14.THOSE PROVISIONS, COVENANTS AND CONDITIONS, EASEMENTS, AND RESTRICTIONS, WHICH ARE A BURDEN TO THE CONDOMINIUM UNIT DESCRIBED IN SCHEDULE A, AS CONTAINED IN INSTRUMENT RECORDED APRIL 29, 1977 AT BOOK 328 AT PAGE 80 AND AS AMENDED IN INSTRUMENT RECORDED AUGUST 17, 1977, IN BOOK 333 AT PAGE 722 AND AS AMENDED IN INSTRUMENT RECORDED MAY 04, 1989, IN BOOK 591 AT PAGE 780 AND AS AMENDED IN INSTRUMENT RECORDED NOVEMBER 10, 1989 IN BOOK 606 AT PAGE 995 AND AMENDMENT RECORDED DECEMBER 20, 2012 UNDER RECEPTION NO. 595116. 15.EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF ASPEN CLUB CONDOMINIUMS RECORDED AUGUST 17, 1977 IN BOOK 6 AT PAGE 20 AND SUPPLEMENT RECORDED MAY 4, 1989 UNDER RECEPTION NO. 311198 AND SUPPLEMENT RECORDED APRIL 30, 1991 UNDER RECEPTION NO. 332228 AND SUPPLEMENTAL CONDOMINIUM MAP RECORDED JUNE 15, 2012 IN PLAT BOOK 100 AT PAGE 26. 16.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN AGREEMENT RECORDED MAY 1, 1981 IN BOOK 407 AT PAGE 831. 17.TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN SHARED EXPENSE AGREEMENT RECORDED AUGUST 28, 1992 IN BOOK 687 AT PAGE 365 AND AS AMENDED IN INSTRUMENT RECORDED AUGUST 28, 1992 IN BOOK 687 AT PAGE 409 AND MODIFICATION THEREOF RECORDED AUGUST 28, 1992 IN BOOK 701 AT PAGE 741 AND SECOND MODIFICATION RECORDED AUGUST 5, 2002 AS RECEPTION NO. 470608. 18.TERMS, CONDITIONS AND PROVISIONS OF NOTICE OF APPROVAL RECORDED JUNE 15, 2012 AT RECEPTION NO. 589855. 19.TERMS, CONDITIONS AND PROVISIONS OF GRANT OF EASEMENT RECORDED APRIL 14, 2016 AT RECEPTION NO. 628599. 20.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN AMENDED RULES OF THE ASPEN CLUB CONDOMINIUM ASSOCIATION, INC. RECORDED OCTOBER 12, 2017 AS RECEPTION NO. 642220. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: Q62012236 LAND TITLE GUARANTEE COMPANY DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: Note: Effective September 1, 1997, CRS 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 of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. The Subject real property may be located in a special taxing district.(A) A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in which the real property is located or that county treasurer's authorized agent unless the proposed insured provides written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real property). (B) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. (C) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. (A) No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. (B) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. (C) The Company must receive payment of the appropriate premium.(D) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. (E) Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface estate, in Schedule B-2. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing protection letter for the lender, purchaser, lessee or seller in connection with this transaction. That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and (A) That such mineral estate may include the right to enter and use the property without the surface owner's permission. (B) JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company as agent for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to your non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: applications or other forms we receive from you, including communications sent through TMX, our web-based transaction management system; your transactions with, or from the services being performed by us, our affiliates, or others; a consumer reporting agency, if such information is provided to us in connection with your transaction; and The public records maintained by governmental entities that we obtain either directly from those entities, or from our affiliates and non-affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. We may share your Personal Information with affiliated contractors or service providers who provide services in the course of our business, but only to the extent necessary for these providers to perform their services and to provide these services to you as may be required by your transaction. We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. We regularly assess security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT STATED ABOVE OR PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows: Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Commitment For Title Insurance Issued by Old Republic National Title Insurance Corporation NOTICE IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. . COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, Old Republic National Title Insurance Company, a Minnesota corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met within 6 months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. COMMITMENT CONDITIONS 1. DEFINITIONS 2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, Commitment terminates and the Company’s liability and obligation end. 3. The Company’s liability and obligation is limited by and this Commitment is not valid without: 4. COMPANY’S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY i. comply with the Schedule B, Part I—Requirements; ii. eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or iii. acquire the Title or create the Mortgage covered by this Commitment. “Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records.(a) “Land”: The land described in Schedule A and affixed improvements that by law constitute real property. The term “Land” does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (b) “Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law.(c) “Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (d) “Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment.(e) “Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (f) “Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (g) “Title”: The estate or interest described in Schedule A.(h) the Notice;(a) the Commitment to Issue Policy;(b) the Commitment Conditions;(c) Schedule A;(d) Schedule B, Part I—Requirements; and(e) Schedule B, Part II—Exceptions; and(f) a counter-signature by the Company or its issuing agent that may be in electronic form.(g) The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured’s good faith reliance to: (a) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (b) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. (c) The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. (d) The Company shall not be liable for the content of the Transaction Identification Data, if any.(e) 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company’s agent for the purpose of providing closing or settlement services. 8. PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration. IN WITNESS WHEREOF, Land Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. Issued by: Land Title Guarantee Company 3033 East First Avenue Suite 600 Denver, Colorado 80206 303-321-1880 Senior Vice President This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Land Title Insurance Corporation. 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; and a counter-signature by the Company or its issuing agent that may be in electronic form. 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. In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements have been met to the satisfaction of the Company. (f) In any event, the Company’s liability is limited by the terms and provisions of the Policy.(g) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.(a) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment.(b) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (c) The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (d) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.(e) When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy.(f) LICENSE AGREEMENT This License Agreement (the "Agreement") is made this _ day of June, 2020, between THE ASPEN CLUB CONDOMmum AssomuoN, INC., a Colorado nonprofit corporation ("Association"), whose address is c/o Frias Properties, 730 E. Durant Avenue, Aspen, CO 81611, and Janet S. Crown as Trustee of the Janet S. Crown Living Trust dated July 18, 2014 ("Licensee"), whose address is 222 N. LaSalle Street #800 Chicago, IL 60601. A. The Association is the condominium association responsible for management of the common elements of The Aspen Club Condominiums; and B. Licensee is the owner of the real property described as: Condominium Unit C-1, Building C, The Aspen Club Condominiums, according to the Condominium Map thereof recorded in Plat Book 6 at Page 20 according to the Condominium Declaration thereof recorded April 29, 1977 in Book 328 at Page 80 and recorded amendments thereto ("Declaration") commonly known as Unit C-1, 1421 Crystal Lake Road, Aspen, CO 81611 ("Unit C-1" or "Licensee's Property"). C. The Licensee has requested permission from the Association to locate an exterior hot tub/spa, a concrete paver patio with grouted joints, and access stairway from Unit C-1 and related electrical service ("Spa") within a portion of the common elements of The Aspen Club Condominiums, in the approximate location shown on Exhibit A hereto, and is located outside and west of Unit C-1 between Unit C-1 and southeast boundary of Lot 14-E of the Callahan Subdivision, Pitkin County Assessor Parcel No. 273718132017 and commonly known as 1491 Crystal Lake Road, Aspen, CO 81611 ("Lot 14-E"). For avoidance of doubt, Lot 14-E is not in The Aspen Club Condominiums. D. The Board of Managers of the Association has evaluated the request of the Licensee, and the Association and the Licensee desire to enter into this Agreement. In consideration of the mutual promises and covenants set forth herein, the parties agree as follows: 1. Grant of License. The Association hereby grants to Licensee a license (the "License") to occupy, use, and improve, subject to the terms and conditions hereinafter expressed, that portion of the common elements necessary for the installation, operation, repair and maintenance of the Spa as more particularly depicted in Exhibit A attached hereto and incorporated herein by this reference (the "License Area"). 1.1 The Spa is not permitted to be illuminated or lighted internally, no exterior lighting is permitted (e.g., spot light on the spa or other lighting attached to the Unit C-1, and is not allowed to have any built-in speakers or sound equipment. Active/51889105.2 1.2 The use of the Spa will at all times be subject to the terms and conditions of the Declaration and any Rules and Regulations of the Association (including any subsequent amendments thereto), as well as all applicable laws, ordinances and regulations, including without limitation the City of Aspen noise ordinances, as amended and in effect from time to time. 1.3 The Licensee will be responsible for obtaining and providing to the Association all required permits for the work associated with the Spa, and will be responsible for compliance with all City of Aspen applicable laws, ordinances and regulations, including setback restrictions. 1.4 The Association does not, and has no power or authority to, grant any right, license, or permission to Licensee to use any portion of the Lot 14-E, and advises that any improvements located on Lot 14-E including any fence, landscaping, or other improvements of the Licensee are at the risk of Licensee. 2. Pumose of License. The License Area may be occupied, used, and improved by Licensee to the extent necessary for the installation, operation, use, repair and maintenance of the Spa (the "Improvements"). 3. Installation, Maintenance and Removal of Improvements. Licensee shall install and maintain the Improvements in good and safe order and repair, at Licensee's sole cost and expense. Upon termination of this Agreement, unless otherwise agreed between the parties, Licensee shall remove all Improvements and restore the License Area to its original condition, at its sole cost and expense. The restoration work shall specifically include the repair or replacement of any landscaping, vegetation, or other improvements that are removed, damaged, or destroyed by Licensee or Licensee's agents, representatives, contractors, or employees. 4. No Monetary Consideration. The License is granted to Licensee as an accommodation to Licensee and shall be without monetary consideration. Licensee hereby acknowledges that the License Area continues to constitute common area of The Aspen Club Condominiums, and Licensee agrees never to assail, resist, claim, or deny such title. 5. License Not Exclusive. The License is non-exclusive to Licensee, and Licensee shall have the privilege hereunder of occupying only such portion of the License Area as is necessary to accomplish the purposes hereinabove set forth. Association shall have the right to enter upon the License Area for its own purposes, or to permit others to enter upon the License Area (including the owner of 1423 Crystal Lake Road for purposes of accessing the exterior of, the deck of, and the equipment servicing 1423 Crystal Lake Road) and such owner's agents, representatives, contractors or employees, so long as such entry does not materially interfere with the use of the Improvements by Licensee. The Association or the owner of 1423 Crystal Lake Road will use reasonable efforts to notify Licensee of the need to exercise such rights of access, provided that no notice will be required in the event of an emergency. 2 Active/51889105.2 6. Indemnification. Licensee shall exercise its privileges granted hereunder at its own risk, and Licensee shall indemnify and hold Association harmless from and against any and all liabilities, demands, claims, damages, actions and causes of action, costs, losses, and expenses, including reasonable attorneys fees and costs incurred by the Association for personal injury, property damage or mechanics' liens, resulting from, arising out of, or in any way connected with, the installation, repair or maintenance of the Improvements, and the occupation, use, or improvement of the License Area by Licensee, its agents, employees, invitees, or guests. Association shall not be liable to Licensee if Licensee's occupation or use of the License Area shall be hindered or disturbed without fault on the part of Association. 7. Notices. Any notice, demand, or document which either party is required or may desire to give, deliver or make to the other party shall be in writing and will be personally delivered or given by United States certified mail, return receipt requested, addressed as set forth above. Any notice, demand or document so given, delivered or made by United States mail shall be deemed to have been received on the earlier of the date actually received or the third business day after the same is deposited in the United States mail as certified mail, addressed as above provided, with postage prepaid. 8. No Liens. Licensee shall keep the License Area free from all mechanic's and/or materialmen's liens and any other liens or encumbrances arising out of Licensee's use of the license granted under this Agreement. Licensee agrees to indemnify, defend, and save harmless the Association of and from all liability, costs or expenses, including reasonable attorneys' fees, involving claims for work performed for, or material, services or supplies furnished to Licensee, including lien claims of laborers, materialmen, or others, in connection with Licensee's use of this license. Should any lien be filed against the License Area or any other common areas of The Aspen Club Condominiums, based on any lien claim arising from Licensee's use of or construction within the License Area, Licensee shall cause such lien claim to be released (of record, if recorded) within ten (10) days of notice of such lien claim or action is received by Licensee. Should Licensee fail to obtain such release, or if Licensee fails to post a bond or other assurance which clears the License Area of such lien or threat of lien, then the Association may (but is not obligated to) pay such lien or claim and any costs associated therewith, and the amount so paid, together with reasonable attorneys' fees incurred in connection therewith, shall be immediately due from Licensee to the Association together with interest thereon at eighteen percent (18%) per annum from the date incurred. 9. Insurance. Licensee, or Licensee's successors and assigns, have acquired and will maintain commercial general liability insurance coverage in the amount of not less than $1,000,000 during the entire term of this Agreement, and whenever any work is conducted for improvements within the License Area, and will name the Association as an additional insured with respect thereto. The Additional Insured Endorsement naming the Association is attached as Exhibit B. Aedve/518891052 10. Termination. The License shall terminate upon: (i) any uncured default by Licensee or its agents, employees, invitees, or guests; or (ii) upon one hundred eighty (180) days prior written notice by Association to Licensee for any reason whatsoever, in Association's sole and absolute discretion. 11. No Recordation. This document shall not be recorded in the records of Pitkin County. Any such recordation shall immediately terminate the rights granted herein, without any further notice or action. 12. Miscellaneous. 12.1 Notice of Default, Right to Cure. In the event of any default under the provisions of this Agreement, the non -defaulting party shall, prior to the exercise of any right or remedy, give the party alleged to be in default written notice of such default together with the right for a period of ten (10) days after receipt of such notice to cure said default. If an alleged default by its nature is not capable of being cured within the time provided, the party alleged to be in default shall, provided such party is proceeding with all diligence, have up to an additional twenty (20) days to cure said default. If a default is not cured within the time provided or any extension thereof (which right to cure period shall not under any circumstances exceed in the aggregate thirty (30) days), the non -defaulting party shall then and thereafter be free to pursue any right or remedy allowed by this Agreement or otherwise by law. 12.2 Remedies. Either party shall have the right and power to bring suit in its own name for any legal or equitable relief due to lack of compliance with any provisions of this Agreement. If any court proceedings are instituted in connection with the rights of enforcement and remedies provided in this Agreement, the prevailing parry will be awarded reimbursement of its costs and expenses, including reasonable attorneys' fees, in connection therewith. In any such proceeding, both parties waive their right to demand a jury trial. The parties agree that injunctive relief may be appropriate in the event of a breach of this Agreement and that a decree of specific performance may be granted by the court. 12.3 No Waiver. The failure of either party to insist upon the strict performance of any provisions of this Agreement or to exercise any right or option available to it, or to serve any notice or to institute any action, shall not be a waiver or a relinquishment for the future of any such provision. 12.4 Amendments in Writins. This Agreement may not be amended, nor may any rights hereunder be waived, except by an instrument in writing executed by the parties hereto and duly recorded in the real estate records of Pitkin County, Colorado. 12.5 Colorado Law. The interpretation, enforcement or any other matters relative to this Agreement shall be construed and determined in accordance with the laws of the State of Colorado. 4 Activd51889105.2 12.6 Binding Effect. All provisions of this Agreement inure to the benefit of and are binding upon the parties hereto, their heirs, successors, assigns and personal representatives. 12.7 Counterparts and Facsimile Signature. This Agreement may be executed in multiple counterparts each of which shall constitute an original but all of which when taken together shall constitute one and the same document. The parties hereby agree that this Agreement may be offered and/or accepted by facsimile communication and that delivery of facsimile signatures shall be deemed the same as delivery of original signatures. IN WITNESS WHEREOF, the Association and Licensee have executed this License Agreement to be effective as of the date set forth above. ASSOCIATION: THE ASPEN CLUB CONDONff IIUM ASSOCIATION, INC. a Colorado nonprofit corporation By: 0 UAAVT llh Title: i [Remainder of this page is intentionally blank; signature appears on following page] 5 Active/51889105.2 IN WITNESS 'WHEREOF, the Association and Licensee have executed this License Agreement to be effective as of the date set forth above. LICENSEE: JAN S. CROWN IVING TRUST DATED JULY 18, 2014 By: anet S. Crown, Trustee A.ctivet51889105.2 EDIT A (Spa Plan and License, •Area) Aqdva51889105.2 6 ujs W! Oi h � y . 4 ! aoaa y3 � S: y_• I ?• _ Irv; � O4 CROWN RESIDENCE I eoa / SDCQ[ss: �/ �•. ASPIM. CD &61t 0 '•\, PATC IT[Ul� OWlT• ��•• PROPDSED SPA A¢tA V WI.PIbawMPx.4 rtCENNwTW4�ow.d.V Vvarnxcit wv GCTMMZTRU ON SOT IORCONSSWKTIOX f eww.0 mr¢auwv �wnmw otoen m.0 � � ' o� ` �b X[STOXTt m.4 EXISTING HOUSE MST=DECK s�D.a - - ------------------ ------ ------------------ ..... _.... .- ,__—.. ..______________ ____ �wo7.T SHEET MLEf _____________________ NFCIIXIX:A[ VAtR.T —• PRO =SPA — ------------------------ TO SCSR AT D]Np —------- PROPOSED SPA LOCATION ---- ------------------------------------------------ CA, SECTION THROUGH PATIO AND SPA A DDALE '"' LO-00 EXHIBIT B ausurauce' 0e bate) A,otiveJ518891U52 Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attorney representing the property owner. Property Name: Janet Crown Owner ("I" ). Email: janet.crown@gmail.com Phone No.: 310-746-5520 Address of Property: 1421 Crystal Lake Rd Unit 1 C (subject of Aspen, CO 81611 application) I certify as follows: (pick one) ❑ This property is not subject to a homeowners association or other form of private covenant. ❑ This property is subject to a homeowner's association or private covenant and the improvements proposed in this land use application do not require approval by the homeowner's association or covenant beneficiary. ❑x This property is subject to a homeowner's association or private covenant and the improvements proposed in this land use application have been approved by the homeowner's association or covenant beneficiary. I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I understand that this do cu ent is a public document. Owner signature: date: % Z' Owner printed name: or, Attorney signature: Attorney printed name: date: S 4 5 ° 1 9 ' 1 5 " E 1 7 9 . 7 6 ' S87°00'00"E 228.00' S0 4 ° 3 0 ' 0 0 " W 4 8 . 6 2 ' S33 ° 0 0 ' 0 0 " W 7 5 . 0 0 ' N85°29'57"W 189.45 ' N89°08'24"W 358.00' N 5 2 ° 0 5 ' 2 9 " W 1 8 3 . 3 6 ' N46 ° 0 0 ' 0 0 " E 1 8 5 . 5 1 ' S85°30'00"E 225.00' S0 0 ° 1 4 ' 0 0 " W 2 1 3 . 7 4 ' C1 C2 C3 N5 9 ° 1 1 ' 5 9 " W 1 0 4 . 0 3 ' C5 C6 N05°25'00"W 18.03' CENTERLINE OF EXISTING RIVERSIDE DITCH CENTERLINE OF 14' WIDE PUBLIC TRAIL EASEMENT 5' PUBLIC UTILITY EASEMENT 5' PUBLIC UTILITY EASEMENT 3' PUBLIC UTILITY EASEMENT 3' PUBLIC UTILITY EASEMENT 5' PUBLIC UTILITY EASEMENT EXCEPTED PARCEL B EXC E P T E D PAR C E L A TRANSFORMER EASEMENT WATER LINE EASEMENT TRANSFORMER EASEMENT A1 (1422) A2 (1424) A4 (1428) B1 (1430)B2 (1432) B3 (1434)B4 (1436) ASPEN CLUB UNIT C1 (1421) C2 (1423) C3 (1425) D1 (1427) D2 (1429) D3 (1431) D6 (1437) E1 (1439) E2 (1441) E3 (1443) E3 ( 1 4 4 3 ) 29. 7 5 ' S36 ° 4 6 ' 4 4 " W N33 ° 3 3 ' 1 7 " E 29. 7 5 ' C5a C5 b C 5 c C4 103.37' 33.10' 88.53' 5' P U B L I C UTIL I T Y E A S E M E N T CRYSTAL LAKE R O A R I N G F O R K R I V E R CR Y S T A L L A K E R O A D 10' BUILDING SET-BACK PA R K I N G G A R A G E PARKING GARAGE PARKING GARAG E GA R A G E P A R K I N G MEC H A N I C A L ROO M GEN E R A L CO M M O N ELE M E N T PROJECT BENCHMARK SET 'X' IN ROCK EL=8008.7 (SEE SURVEY NOTE 5) A3 (1426) D4 (1433)D5 (1435) FOUND WC #5 REBAR & PINK PLASTIC CAP PLS 2864 -0.1' BELOW GRADE SURVEYOR'S CERTIFICATE I hereby state that this Improvement Survey Plat was prepared by Sopris Engineering, LLC (SE) for . I furthermore state that the improvements on the above described parcel on this date, August 7, 2020, except utility connections are entirely within the boundaries of the parcel except as shown, that there are no encroachments upon the described premises by improvements on any adjoining premises, except as indicated, and that there is no apparent evidence or sign of any easement crossing or burdening any part of said parcel, except as noted. I furthermore state that this property is subject to reservations, restrictions, covenants and easements of record or in place. Mark S. Beckler L.S. #28643 PROPERTY DESCRIPTION Unit C1, Aspen Club Condominiums per the Supplemental Condominium Map No. 4 for the Aspen Club Condominiums recorded June 15, 2012 in Book 100 at Page 26-29 as Reception No. 589856 County of Pitkin State of Colorado NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 SOPRISENG@SOPRISENG.COM 8/19/2020 - PROJECT# - G:\2011\11036\SURVEY\Survey DWGs\Survey Plots\11036 ISP Aspen Club Unit C1.dwg VICINITY MAP SCALE: 1" = 2000' GENERAL UTILITY NOTES: The locations of underground utilities have been plotted based on utility maps, construction/design plans, other information provided by utility companies and actual field locations in some instances. These utilities, as shown, may not represent actual field conditions. It is the responsibility of the contractor to contact all utility companies for field location of utilities prior to construction. IMPROVEMENT SURVEY PLAT/TOPOGRAPHICAL MAP OF: UNIT C1, ASPEN CLUB CONDOMINIUMS A PARCEL OF LAND SITUATED IN LOTS 13A & 13 OF THE CALLAHAN SUBDIVISION IN THE E1/2 OF SECTION 18 TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6th P.M. COUNTY OF PITKIN, STATE OF COLORADO SHEET 1 OF 2 NOTES 1) Date of Survey: March 20, 23 & 30, 2015. Updated August 5 & 7, 2020. 2) Date of Preparation: August 17, 2020. 3) Linear Units: The linear unit used in the preparation of this plat is the U.S. Survey Foot as defined by the United States Department of Commerce, National Institute of Standards and Technology. 3) Basis of Bearing: A bearing of S 87°00'00" E as shown on said Condominium Map of the Aspen Club Condominiums. 4) Basis of Mapping: The Condominium Map of the Aspen Club Condominiums, recorded August 17, 1977 in Book 6 at Pages 20-27 and as amended by the Supplemental Map #1 recorded May 4, 1989 in Plat Book 22 at Page 49 as Reception No. 311198, and Supplemental Map #2 recorded April 30, 1991 in Plat Book 26-29 at Page 26 as Reception No. 332228, and the Amended Plat recorded April 29, 1991 in Plat Book 26 at Page 25 as Reception No. 332206 and as further defined and described in the Condominium Declaration thereof recorded April 29, 1977 in Book 328 at Page 80 as Reception No. 194019 and Amendment thereto recorded August 17, 1977 in Book 333 at Page 722 as Reception No. 196747 and Amendment thereto recorded May 4, 1989 in Book 591 at Page 780 as Reception No. 311215, and Amendment recorded November 10, 1989 in Book 606 at Page 995 as Reception No. 317025, various documents of record; and the found monuments, as shown. 5) Basis of elevation: The 1998 City of Aspen Drexel Barrel control datum, which is based on an elevation of 7720.88' (NAVD 1988) on the NGS station "S-159". This established site benchmark, shown on page 1. 8) Flood Zone Designation of Subject Property Shown as Zone X which was obtained from the Federal Emergency Management Agency (FEMA), Flood Insurance Rate Map (FIRM) Map 08097C0366E with an effective date of August 15, 2019 9) Geological Hazards - Site is outside study area of City of Aspen Master Drainage Plan. WRC Engineering Inc. - 2001 10) Mud Flow - Site is outside study area of City of Aspen Master Drainage Plan. WRC Engineering Inc. - 2001 and Outside Study Area of City of Aspen Urban Runoff Management Plan Fig. 7.1 - 2010 11) Wetlands - None Per "U.S. Fish & Wildlife Service National Wetland Inventory Map" 12) Contour Interval: One (1) foot. 13) Address: 1421 CRYSTAL LAKE RD #1C 14) Pitkin County Parcel No.--2737-181-31-015 1 inch = ft. ( IN FEET ) GRAPHIC SCALE 030 30 60 30 12015 CURVE TABLE CURVE LENGTH RADIUS TANGENT DELTA BEARING CHORD C1 23.71' 60.00' 12.01' 22°38'24" N 73°15'48" E 23.55' C2 41.79' 30.00' 25.09' 79°48'36" S 78°09'06" E 38.49' C3 184.74' 224.00' 97.99' 47°15'12" S 61°52'24" E 179.55' C5 192.83' 200.00' 104.65' 55°14'28" N 57°52'51" W 185.45' C6 156.03' 100.00' 98.96' 89°23'58" N 14°26'22" E 140.68' C4 18.27' 375.00' 9.14' 2°47'30" S 86°53'45" E 18.27' C5a 101.42' 200.00' 51.83' 29°03'19" N 70°58'25" W 100.34' C5b 11.25' 200.00' 5.63' 3°13'27" S 54°50'02" E 11.25' C5c 80.15' 200.00' 40.62' 22°57'42" N 41°44'28" W 79.62' C7 9.58' 170.25' 4.79' 3°13'27" S 54°50'02" E 9.58' SUBJECT PROPERTY DRAFT SITE FENCE LINE AREA IS LIMITED COMMON ELEMENT FOR C1 PER REC #589856 GATE 20.1"x40'17.2"x34' 11.2"x22' 10.5"x20' 6"x12' 8.9"x17' 7.1"x14' 5.2"x10' 11.2"x22' 7"x14' 5.9"x11' 5.6"x11' 7"x14' 6.6"x12' 5.4"x10' 5.3"x10' 5.3"x10' 5.4"x10' 5.7"x10'4.7"x8'4.7"x8' 4.9"x8' 5.1"x10' 8.8"x16' 7.6"x14'12.2"x24' 5.8"x11' 13.7"x27' 3. 8 " x 6 ' 5.4"x8' 6.9"x13' 4.4"x8' 5"x10' 5.6"x11' 3.7"x6' x x x x x x xx XSD XSD x x xx 4.9"x9' 7.9"x15' 6.1"x12' 7.3"x14' 6.5"x12' 6.3"x12'12.2"x24' 9.3"x18' 5.4"x10' 6.8"x12' 6.7"x12' 7.2"x14' 6.1"x12' 5.3"x10' x x x x x x x x x x x x x x x x x xx x x x x x x x x x x x x x x x x GATE x x x x BOULDER BOULDER BOULDER 8" PVC HOT TUB GAS METERS 4' W O O D E N F E N C E 3.5' WOODEN FENCE CONCRETE PAD DECK AC U N I T C O N C R E T E P A D SOLID WOOD RAILING METAL WIRE RAILING x x x x x x STAIR FINISHED FLOOR ENTRY ELEV=8009.68 D E C K CONCRETE PATIO CONCRETE PATH ENTRY 3 . 5 ' W O O D E N F E N C E R O C K W A L L ROCK WALL 7 9 9 5 80 0 0 80 0 5 7 9 9 4 7 9 9 6 7 9 9 7 7 9 9 8 8 0 0 1 8 0 0 2 8 0 0 3 8 0 0 4 80 0 6 8004 8003 8002 8001 8 0 0 7 800 7 800 7 800 8 8 0 0 9 8 0 0 9 8 0 0 9 8 0 0 9 80 0 8 PROPERTY LINE 5' PUBLIC UTILITY EASEMENT ASPEN CLUB UNIT C1 (1421) TWO STORY WOOD FRAME STRUCTURE 26.9' 25.0 ' 0.7' 5.0' 6. 9 ' 15.1 ' 0.7' 2.0' 1 7 . 0 ' 2.0' 0.7' 10.3 ' 39.1' 24 . 1 ' 11.3' 2. 4 ' 10 . 1 ' BUILDING EXTERIOR GROUND LEVEL CENTERLINE OF EXISTING RIVERSIDE DITCH 10' BUILDING SETBACK 16.43'15.97' 16.58' EX:8004.3'± E X : 8 0 0 9 . 1 ' ± E X : 8 0 0 9 . 1 ' ± E X : 8 0 0 9 . 3 ' ± E X : 8 0 0 8 . 7 ' ± E X : 8 0 0 8 . 2 ' ± E X : 8 0 0 8 . 2 ' ± EX:8003.3'± E X : 8 0 0 4 . 3 ' ± E X : 8 0 0 3 . 4 ' ± E X : 8 0 0 1 . 4 ' ± E X : 7 9 9 9 . 8 ' ± E X : 8 0 0 0 . 7 ' ± E X : 8 0 0 0 . 5 ' ± E X : 8 0 0 0 . 5 ' ± E X : 8 0 0 2 . 1 ' ± EX:8009.3'± DECK EX:8009.3'± DECK EX:8009.4'± DECK EX:8009.4'± DECK E X : 8 0 0 8 . 9 ' ± E X : 8 0 0 8 . 8 ' ± EX:8007.1'± EX:8007.9'± E X : 8 0 0 3 . 8 ' ± E X : 8 0 0 6 . 3 ' ± E X : 8 0 0 1 . 2 ' ± E X : 7 9 9 9 . 2 ' ± E X : 7 9 9 9 . 4 ' ± E X : 8 0 0 0 . 2 ' ± E X : 8 0 0 8 . 0 ' ± E X : 8 0 0 8 . 5 ' ± E X : 8 0 0 8 . 3 ' ± E X : 8 0 0 8 . 7 ' ± E X : 8 0 0 8 . 3 ' ± E X : 8 0 0 8 . 4 ' ± E X : 8 0 0 8 . 6 ' ± SET PROPERTY CORNER 'X' ON ROCK ELEV=8008.7' FOUND WC #5 REBAR & PINK PLASTIC CAP PLS 2864 -0.1' BELOW GRADE NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 SOPRISENG@SOPRISENG.COM 8/19/2020 - PROJECT# - G:\2011\11036\SURVEY\Survey DWGs\Survey Plots\11036 ISP Aspen Club Unit C1.dwg GENERAL UTILITY NOTES: The locations of underground utilities have been plotted based on utility maps, construction/design plans, other information provided by utility companies and actual field locations in some instances. These utilities, as shown, may not represent actual field conditions. It is the responsibility of the contractor to contact all utility companies for field location of utilities prior to construction. IMPROVEMENT SURVEY PLAT/TOPOGRAPHICAL MAP OF: UNIT C1, ASPEN CLUB CONDOMINIUMS A PARCEL OF LAND SITUATED IN LOTS 13A & 13 OF THE CALLAHAN SUBDIVISION IN THE E1/2 OF SECTION 18 TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6th P.M. COUNTY OF PITKIN, STATE OF COLORADO SHEET 2 OF 2 1 inch = ft. ( IN FEET ) GRAPHIC SCALE 05510 5 202.5 DRAFT 8004.6 —....... -------------------- ---------------------------- -------------- PATIO 1 % SLOPE -- ------------------- -----------------------�--------------�8003.7 8004.0----------------------- — — - — PATIO SLOPE PROPOSED FINISHED GRADE MECHANICAL — — — — — — — — — — — — — — — — — — — — — PROPOSED SPA, ------------------------------- ------ 8003.0 -- VAULT TO BE SET AT 8002.0 8002.2 _ —— — — — — — — — — — — ---------------------------------------------8002.0� SECTION THROUGH PATIO AND SPA SCALE: NTS © STAN CLAUSON ASSOCIATES, INC 2020 m C7 v Z « CIO o W H Q c_ r O C13 n C/7 . Q Z � O a C/3 = = L Q `m J � CU a m Q v � c G7 � CROWN RESIDENCE ADDRESS: ASPEN, CO 81611 PARCEL # DATE: 03.12.2020 ISSUE: DESIGN DEVELOPMENT SET NOT FOR CONSTRUCTION DRAWN BY: BAJ CHECKED BY: PSR HISTORY: GATE ISSUE SHEET TITLE: PROPOSED SPA LOCATION LO-00 EXHIBIT MAP FOR STREAM MARGIN REVIEW OF: THE ASPEN CLUB CONDOMINIUMS A PARCEL OF LAND SITUATED IN LOTS 13A & 13 OF THE CALLAHAN SUBDIVISION IN THE E1�2 OF SECTION 18 STREAM MARGIN REVIEW SURVEY NOTES. TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6th P.M. 1. DATE OFSURVEK APRIL-JULY 2000. COUNTY OF PITKIN, STATE OF COLORADO 2. DATE OF PREPARATION: JUL Y-OCTOBER, 2000, UPDATED SEPTEMBER 2007, SHEET 1 OF 1 J BASIS OF SURVEY.. CITY OF ASPEN, GIS MAPPING, THE 1998 DREXELL BARRELL/CITY OF ASPEN GPS CONTROL MONUMENT SURVEY AND THE USGS BENCHMARKS S519, P159 AND THE USGS ALUM. TABLET AT SW CORNER PITKIN COUNTY COURTHOUSE (Q-159). 4. BASIS OF ELEVA77ON: AN NAVD 88 ELEVATION OF 7920.88' ON THE USGS BENCHMARK S159, THE NA VD88 PROJECT DATA BASE WAS TRANSFORMED TO NVGD 29 ELEVATION DATUM BY APPLYING A CORRECTION OF -5.31' (BASED ON PUBLISHED & FIELD SURVEY DATA ON THE BENCHMARKS LISTED IN NOTE NO. 3. 5. VERTICAL DATUM.- NVGD 29 DATUM (FEMA DATUM). THE FIELD DATA/CROSS SECTIONS WERE LOCATED BASED ON THE 1988 CITY OF ASPEN CONTROL SURVEY (NAVD 88) AND TRANSFORMED TO THE 1929 DATUM BASED ON THE FOLLOWING. A. THE BENCHMARKS IDENTIFIED IN NOTE 3 WERE LOCATED PER THE NAVD 88 DATUM AND A MEAN ELEVATION DIFFERENCE BETWEEN THE 88 AND 29 DATUMS FOR THOSE BENCHMARKS WAS DETERMINED TO BE-5.31'. B. ALL THE FIELD LOCATION AND CROSS SECTION POINT ELEVATIONS WERE ADJUSTED BY -5.31 AS A BLOCK TO REFLECT THE NVGD DATUM WHICH IS CONSISTENT WITH THE GIS AND FEMA MAPPING. 6. HORIZONTAL COORDINATE SYSTEM: THE CITY OF ASPEN GIS MAPPING COORDINATE SYSTEM. THE FIELD DATA/CROSS SECTIONS WERE LOCATED PER THE 1998 CITY OF ASPEN CONTROL SURVEY MODIFIED STATE PLANE COORDINATE SYSTEM AND TRANSFORMED TO SAID GIS SYSTEM AS FOLLOWS: A. IDENTIFIABLE BRIDGES AND STRUCTURES SHOWN ON THE 0/5 MAPPING WERE FIELD LOCATED ALONG THE EXTENTS OF THE CROSS SECTIONS. B. ALL THE FIELD LOCATIONS AND CROSS SECTIONS WERE THEN ROTATED AND TRANSLATED AS A BLOCK TO THE GIS SYSTEM BASED ON POSITIONS WHICH MINIMIZED THE APPARENT DISCREPANCY BETWEEN SELECT BRIDGE AND STRUCTURE CORNER LOCATIONS REPRESENTED IN BOTH THE GIS AND FIELD SYSTEMS. 7. THE 100 & 500 YEAR FLOOD PLAIN, SHOWN HEREON, IS LOCATED BASED ON THE FOLLOWING: A. THE FLOOD INSURANCE RATE MAPS (FIRM) PREPARED FOR PITKIN COUNTY, COLORADO PANEL N, S 08097CO201 C, 08097CO20J C, AND 08097CO204 C EFFECTIVE DATE JUNE 4, 7987 WERE SCANNED AND OVERLAID TO THE GIS HORIZONTAL DATUM BY THE SAME METHODS IDENTIFIED IN NOTE 6. B. THE FIELD CROSS SECTION POINT DATA WAS USED TO DEVELOP A DIGITAL TERRAIN MODEL FOR THE RIVER CORRIDOR. THE LIMITS OF THE 100 YEAR FLOOD PLAIN WAS THEN ESTABLISHED BY THE INTERSECTION OF THE FIRM PANEL ELEVATION CROSS SECTION LINES WITH THE CORRESPONDING ELEVAT ON DETERMINED FROM THE FIELD MODEL. 8. THE TOP OF BANK LINE REPRESENTS FIELD SURVEYED LOCATIONS, BUT DOES NOT CONSTITUTE A SLOPE FAILURE LINE. NO GEOTECHNICAL WORK WAS PERFORMED AS A PART OF THIS SURVEY. 9. THE EXISTING CONDITIONS/TOPOGRAPHY SHOWN HEREON ARE FROM THE CITY OF ASPEN GIS MAPPING. XSEC-157 7172480.48 • iiiiiiiiiiiiiiiiiiiiiiiiiiiiii •• • iiiii!]iiiLYliiF�iilJliiiiii/iiiiiii iiiiiCJiiik31ii�1iiinliiiiiiiiiiiiii •• iiiiii iii.liiiii.liiil�iiiiiiiiii •• iiiiii\\.liiiii.li/iiiiiiiiiiii XSEC-166 1171+99.25 8004 8000 7996 7992 7988 7984 7980 7976 8004 8000 7992 7988 7984 7980 7976 -120 -100 -80 -60 -40 -20 0 20 40 60 60 100 120 iiiiiiiiiiiiiAlliiiii •• iiiiiiii��i4�iit.,liiiii iiiiiiii:J�il^^-■iiL9liiiii =ilyliiiii iiiiiiii9MMl�ii€3liiiii iiiiiiii7Oi�!liiFiliiiii -. iiiiiiiiiii�iiiiii�NOL*aiiE4liiiii -_ •• iL3ii.liiiii • iiiiii\iiomiiiiiliii iaiiiii - •• SCALES HORIZONTAL 1"=50' VER17CAL 1'=20' sec 16 I` 9012 ' rwoomnrncurvs- 3008 9004 3000 7992 7988 / l 7984 7980 7976 SURVEY NOTES 1. TOP OF BANK DOES NOT CONSTITUTE A SLOPE FAILURE LINE. 2. ROARING FORK RIVER STREAM MARGIN REVIEW MAP TO BE USED FOR PLANNING ONLY. Al (1422) \ 1 \7/�\ A2 i \ (1424) \\ A3 (1426) A4 _- /------------ __ I_— _r l I •j ' B1 I i (1430) 1 B2 i 83 i (1432) i (1434) ; (1436) Cl (1421) i ~\ Dz / (1423) i i \ / C3 nuv 1— / (142 I \ _ D3 (1427) SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBON DALE, COLORADO 81623 70) 704-0311 SOPRISENG@SOPRISEN(,.COM D2 (1429) — -- — - — -- — -- — -- — -- - -- - - — I E3 ! ! (1443) I D3 \ (1431) / ES i E2 ------- (1439) (1441) I T ' i DS I 33) \\ D4 (14I (1435) i (1437) 1 � ____________—_____________ ------------- GRAPHIC SCALE 30 015 30 fi0 t.. IN FEET) l inch= 30 ft. 1429 1441 1435 1423 1425 1431 1437 1421 1443 1433 1439 1427 1419 1430 1436 1434 1426 1434 1432 1424 1432 1428 1430 PD R-15 Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community 1 PLANNER: Bob Narracci 429-2734, bob.narracci@cityofaspen.com DATE: June 1, 2020 PROJECT: 1421 Crystal Lake Rd., Unit 1C, Aspen Club Condominiums REPRESENTATIVE: Patrick Rawley, Stan Clauson Associates, Inc. REQUEST: Stream Margin Exemption DESCRIPTION: The subject property is located near the northern bank of the Roaring Fork River and is developed with the Aspen Club Condominiums. Most of the subject property is located entirely within the 100’ stream margin review area. The Applicant intends to add an approximately 12’x20’ largely hardscape terrace adjacent to the side-yard NW of the existing unit. The terrace will include a semi-recessed “portable package” spa. The necessary approvals from the Aspen Club Condominium Association HOA will be secured. The applicant understands that the proposed hot tub/hardscape terrace improvements and location must satisfy all location criteria as set forth in Municipal Code Section 26.575.020. pertaining to floor area and setbacks. If any portion of the hardscape terrace is greater than 6” above finished grade, then the entire feature shall be counted towards deck area/floor area (Reference 26.575.020.D.6). Also, please be aware that hot tubs are prohibited between any lot line adjacent to a street and any structure and shall be located at least double the minimum setback for a primary structure from any lot line adjacent to a street (Reference the complete set of criteria 26.575.020.E.5.m.). From the scope of work presented, it appears that this project may satisfy all review criteria ‘a)’ through ‘e)’ as set forth in Municipal Code Section 26.435.040.B.3, Exemptions for an administrative Stream Margin Exemption. The applicant must fully demonstrate compliance with these criteria as part of the Stream Margin Exemption application. If the application does not meet Stream Margin Exemption; then a full Stream Margin Review will be required. Below are links to the Land Use Application form and Land Use Code for your convenience: For your convenience – links to the Land Use Code and Land Use Application are below: Bel Land Use Code Land Use Application Relevant Land Use Code Section(s): 26.304 Common Development Review Procedures 26.435.040(B): Environmentally Sensitive Areas – Stream Margin exemption Review by: Staff for complete application and decision. Public Hearing: None 2 Planning Fees: $1,300 deposit for 4 hours of staff time for Stream Margin Review. Any unbilled portion of the deposit will be refunded at the conclusion of the case. Additional staff hours, if needed, will be billed at $325 per hour. Referrals: $650 for Parks Department (flat fee) $325/hour for Engineering Review. All additional hours are billed at $325 per hour). Total Deposit: $2,275 To apply, please email a PDF copy of the following information to the Planner listed above:  Completed Land Use Application and signed fee agreement.  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)  A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application and relevant land use approvals associated with the property.  An 8 1/2” by 11” vicinity map locating the parcel within the City of Aspen.  A site improvement survey (no older than a year from submittal) including topography and vegetation showing the current status of the parcel certified by a registered land surveyor by licensed in the State of Colorado.  One 11x17 copy and one full sized copy of plans depicting the project and the Stream Margin Review Area, Top of Slope, and the 15’ setback from Top of Slope to confirm applicability and any impacts to these areas. (Existing and Proposed)  If the copy is deemed complete by the Planning Director, the following will then need to be submitted:  Total deposit for review of the application. 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. Agreement to Pay Application Fees An agreement between the City of Aspen ("City") and Please type or print in all caps Address of Property: 1421 Crystal Lake Rd Unit C1 Property Owner Name net S. Crown Living TfUStRepresentative Name(if different from Property Owner) Patrick Rawiey Billing Name and Address - Send Bills to: Janet S. Crown Living Trust, 222 N. LaSalle Street #800, Chicago, IL 60601 janet.crown@gmail.com info for billing: e-mail:l @9mail.com Phone:310-746-5520 I understand that the City has adopted, via Ordinance No. 30, Series of 2017, review fees for Land Use applications and payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $. 650 flat fee for Parks Department $, flat fee for - $. flat fee for $. flat fee for For Deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for no -payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render and application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $1300 deposit for 4 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. $ deposit for hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. City of Aspen: Phillip Supino, AICP Community Development Director City Use: Fees Due: $ Received $ Case # Signature: PRINT Nami4e:kl;�� Title: