HomeMy WebLinkAboutMCC Lot 2 DE Amendment Application 3-31-21
300 SO SPRING ST | 202 | ASPEN, CO 81611
970.925.2855 | BENDONADAMS.COM
March 31, 2021
Garrett Larimer
Senior Planner
City of Aspen
130 So. Galena St.
Aspen, CO 81611
RE: Maroon Creek Club Lot 2 Envelope Adjustments
Mr. Larimer:
Please accept this application to adjust
development envelope boundaries on Lot
2 of the Maroon Creek Club Subdivision.
The purpose of this amendment is to
accommodate a new driveway alignment.
The overall plan remains similar –
vehicular access to Lot 1 will continue to
be through Lot 2. The current driveway
significantly impacts the building
envelope on Lot 2 and the amendment
will lessen this impact.
The maps to the right show
the existing and proposed
driveway alignments
Lot 1 is improved with a single-family
home. Lot 2 is vacant except for the
current driveway and a gatehouse. The
gatehouse will be removed with
installation of the relocated driveway.
Both Lot 1 and Lot 2 are owned by
Bowden Homes Equity Fund X LLC, a
Colorado limited liability company.
BendonAdams has been authorized to
represent the owner’s interests on both
Lots.
MCC Lot 2
Page 2
300 SO SPRING ST | 202 | ASPEN, CO 81611
970.925.2855 | BENDONADAMS.COM
An adjustment to the “development envelope” on Lot 2
is needed to accomplish this proposed driveway
alignment. This is proposed in a manner that maintains
the overall square footage of the development
envelope.
Roughly 6,631 square feet of development envelope
are shifted on Lot 2 while the building envelope remains
unchanged. Approval from the Maroon Creek Club
HOA has been obtained. Lot 1 has consented to the
adjusted driveway alignment through Lot 2.
The maps below show
the changes to the
development envelope
for Lot 2
Trees within the proposed driveway alignment have been mapped and photographed.
Most of the Aspen appear to be saplings and volunteer growth. Three larger Spruce trees
at the south end of the new driveway alignment appear to have been planted with
installation of the existing driveway and development of Lot 1. These will be evaluated for
spading and relocation within the property.
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
MCC Lot 2
Page 3
300 SO SPRING ST | 202 | ASPEN, CO 81611
970.925.2855 | BENDONADAMS.COM
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. MCC SARC Approval
8. Pre-Application Summary
9. Vicinity Map
10. Existing Conditions Survey
11. 2003 Envelope Adjustment Approval
12. Proposed Envelopment Adjustment Plat
13. Tree Removal Map
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 1 to be relocated to an area less impactful on the
developability of Lot 2.
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)
Lot 2, Maroon Creek Club Subdivision
2735-142-09-002
Bowden Homes Equity Fund LLC, a Colorado Limited Liability Company
PO Box 1470; Aspen, CO 81611
970.948.7000 Bob@BobBowden.com
BendonAdams
300 So Spring #202; Aspen, CO 81611
970.925.2855 Chris@BendonAdams.com
Existing home on Lot 1, Lot 2 is vacant except for a driveway and gatehouse associated with Lot 1.
Proposed relocation of driveway and removal of gatehouse in preparation for development of Lot 2.
na na 1 (approved, not yet built)
0 na
x
x
x
x
2,275
Exhibit 2
Exhibit 3
Exhibit 3.1
620 East Hopkins Avenue
Aspen, CO 81611
Phone: 970-925-3577 Fax: 970-300-4423
www.titlecorockies.com
Bowden Homes Equity Fund X LLC, a Colorado limited liability company
PO Box 1470
Aspen, CO 81612
bob@bobbowden.com; mark.janian@gmail.com
March 19, 2021
Commitment No.:0706919-C6
Buyer's Name(s):Bowden Homes Equity Fund X LLC, a Colorado limited liability company
Seller's Name(s):J. Stockman and D. Stockman
Property:1470 and TBD Tiehack Road, Aspen, CO 81611
Maroon Creek Club, Lots 1 and 2, Pitkin County, CO
Dear Customer:
Enclosed please find your Owner's Policy of Title Insurance Number 9301-005076033, issued by The Title
Company of the Rockies, as authorized agent for Stewart Title Guaranty Company.
You should retain this policy for safe-keeping, as it represents an important part of your evidence of title to the above
captioned property. We would suggest you keep it with any other valuable documents you have concerning your real
estate.
We appreciate the opportunity to participate with you in this transaction. Should you have any other need for real
estate title or escrow services in the future, such as refinancing or second mortgage financing, please do not hesitate
to give us a call. Your relationship with us through this transaction may entitle you to substantial savings on the
various title insurance products we can offer.
If you have any other questions or concerns, please feel free to contact me at the telephone number shown above, and
thank you again for using The Title Company of the Rockies.
With best regards,
Julie Morrah
Julie Morrah
Escrow Officer
Enclosure: as stated
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).
Exhibit 4
ALTA Owner’s Policy (6-17-06)
POLICY OF TITLE INSURANCE ISSUED BY
STEWART TITLE GUARANTY COMPANY
Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy must
be given to the Company at the address shown in Section 18 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE
CONDITIONS, STEWART TITLE GUARANTY COMPANY, a Texas corporation, (the “Company”) insures, as of Date of Policy and, to the
extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or
incurred by the Insured by reason of:
Title being vested other than as stated in Schedule A.1.
Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from2.
A defect in the Title caused by(a)
forgery, fraud, undue influence, duress, incompetency, incapacity , or impersonation;(i)
failure of any person or Entity to have authorized a transfer or conveyance;(ii)
a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered;(iii)
failure to perform those acts necessary to create a document by electronic means authorized by law(iv)
a document executed under a falsified, expired, or otherwise invalid power of attorney(v)
a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic(vi)
means authorized by law; or
a defective judicial or administrative proceeding.(vii)
The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid.(b)
Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an(c)
accurate and complete land survey of the Land. The term ”encroachment” includes encroachments of existing improvements located
on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land.
Unmarketable Title.3.
No right of access to and from the Land.4.
The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning)5.
restricting, regulating, prohibiting, or relating to
the occupancy, use, or enjoyment of the Land;(a)
the character, dimensions, or location of any improvement erected on the Land;(b)
the subdivision of land; or(c)
environmental protection(d)
if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to
the extent of the violation or enforcement referred to in that notice.
An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the6.
enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred
to in that notice.
The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records.7.
Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge.8.
Countersigned by:
If you want information about coverage or need assistance to resolve complaints, please call our toll free number: 1-800-729-1902. If you make a claim under your
policy, you must furnish written notice in accordance with Section 3 of the Conditions. Visit our Word-Wide Web site at http://www.stewart.com
Page 1 of
Policy
Serial No. 9301-005076033
Copyright 2006-2009 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.
File No. 0706919
City, State
Authorized Countersignature
The Title Company of the Rockies
Company Name
Aspen, CO
COVERED RISKS (Continued)
Title being vested other than as stated in Schedule A or being defective9.
as a result of the avoidance in whole or in part, or from a court(a)
order providing an alternative remedy, of a transfer of all or any part
of the title to or any interest in the Land occurring prior to the
transaction vesting Title as shown in Schedule A because that prior
transfer constituted a fraudulent or preferential transfer under
federal bankruptcy, state insolvency, or similar creditors' rights
laws; or
because the instrument of transfer vesting Title as shown in(b)
Schedule A constitutes a preferential transfer under federal
bankruptcy, state insolvency, or similar creditors' rights laws by
reason of the failure of its recording in the Public Records
to be timely, or(i)
to impart notice of its existence to a purchaser for value or to(ii)
a judgment or lien creditor.
Any defect in or lien or encumbrance on the Title or other matter10.
included in Covered Risks 1 through 9 that has been created or attached
or has been filed or recorded in the Public Records subsequent to Date
of Policy and prior to the recording of the deed or other instrument of
transfer in the Public Records that vests Title as shown in Schedule A.
The Company will also pay the costs, attorneys' fees, and expenses incurred
in defense of any matter insured against by this Policy, but only to the extent
provided in the Conditions.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy,
and the Company will not pay loss or damage, costs, attorneys' fees, or
expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including
those relating to building and zoning) restricting, regulating, prohibiting,
or relating to
(i)the occupancy, use, or enjoyment of the Land;
(ii)the character, dimensions, or location of any improvement
erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental
regulations. This Exclusion 1(a) does not modify or limit the coverage
provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not
modify or limit the coverage provided under Covered Risk 6.
Rights of eminent domain. This Exclusion does not modify or limit the2.
coverage provided under Covered Risk 7 or 8.
Defects, liens, encumbrances, adverse claims, or other matters3.
created, suffered, assumed, or agreed to by the Insured Claimant;(a)
not Known to the Company, not recorded in the Public Records at(b)
Date of Policy, but Known to the Insured Claimant and not
disclosed in writing to the Company by the Insured Claimant prior to
the date the Insured Claimant became an Insured under this policy;
resulting in no loss or damage to the Insured Claimant;(c)
attaching or created subsequent to Date of Policy (however, this(d)
does not modify or limit the coverage provided under Covered Risk
9 and 10); or
resulting in loss or damage that would not have been sustained if(e)
the Insured Claimant had paid value for the Title.
Any claim, by reason of the operation of federal bankruptcy, state4.
insolvency, or similar creditors' rights laws, that the transaction vesting
the Title as shown in Schedule A, is
a fraudulent conveyance or fraudulent transfer; or(a)
a preferential transfer for any reason not stated in Covered Risk 9(b)
of this policy.
Any lien on the Title for real estate taxes or assessments imposed by5.
governmental authority and created or attaching between Date of Policy
and the date of recording of the deed or other instrument of transfer in
the Public Records that vests Title as shown in Schedule A.
CONDITIONS
DEFINITION OF TERMS1.
The following terms when used in this policy mean:
“Amount of Insurance ”: The amount stated in Schedule A, as(a)
may be increased or decreased by endorsement to this policy,
increased by Section 8(b), or decreased by Sections 10 and 11
of these Conditions.
“Date of Policy ”: The date designated as “Date of Policy ” in(b)
Schedule A.
“Entity”: A corporation, partnership, trust, limited liability(c)
company, or other similar legal entity.
“Insured": The Insured named in Schedule A.(d)
the term "Insured" also includes(i)
(A) successors to the Title of the Insured by operation of
law as distinguished from purchase, including heirs,
devisees, survivors, personal representatives, or
next of kin;
(B)successors to an Insured by dissolution, merger,
consolidation, distribution, or reorganization;
(C) successors to an Insured by its conversion
to another kind of Entity;
(D) a grantee of an Insured under a deed
delivered without payment of actual valuable
consideration conveying the Title
(1) if the stock, shares, memberships, or other
equity interests of the grantee are wholly-owned by
the named Insured,
(2) if the grantee wholly owns the named Insured,
(3) if the grantee is wholly-owned by an affiliated
Entity of the named Insured, provided the affiliated
Entity and the named Insured are both wholly-owned
by the same person or Entity, or
(4) if the grantee is a trustee or beneficiary of a trust
created by a written instrument established by the
Insured named in Schedule A for estate planning
purposes.
(ii) with regard to (A), (B), (C), and (D) reserving, however, all
rights and defenses as to any successor that the
Company would have had against any predecessor
Insured.
(e) "Insured Claimant": An Insured claiming loss or damage.
(f)"Knowledge" or "Known": Actual knowledge, not constructive
knowledge or notice that may be imputed to an Insured by
reason of the Public Records or any other records that impart
constructive notice of matters affecting the Title.
(g)"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 insured by
this policy.
(h) "Mortgage": Mortgage, deed of trust, trust deed, or other
security instrument, including one evidenced by electronic
means authorized by law.
(i) "Public Records": Records established under state statutes at
Date of Policy for the purpose of imparting constructive notice
of matters relating to real property to purchasers for value and
without Knowledge. With respect to Covered Risk 5(d), "Public
Records" shall also include environmental protection liens filed
in the records of the clerk of the United States District Court for
the district where the Land is located.
(j) “Title”: The estate or interest described in Schedule A.
(k)"Unmarketable Title”: Title affected by an alleged or apparent
matter that would permit a prospective purchaser or lessee of
the Title or lender on the Title to be released from the
obligation to purchase, lease, or lend if there is a contractual
condition requiring the delivery of marketable title.
CONDITIONS (Continued)
2. CONTINUATION OF INSURANCE
The coverage of this policy shall continue in force as of Date of
Policy in favor of an Insured, but only so long as the Insured retains
an estate or interest in the Land, or holds an obligation secured by a
purchase money Mortgage given by a purchaser from the Insured,
or only so long as the Insured shall have liability by reason of
warranties in any transfer or conveyance of the Title. This policy
shall not continue in force in favor of any purchaser from the Insured
of either (i) an estate or interest in the Land, or (ii) an obligation
secured by a purchase money Mortgage given to the Insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
The Insured shall notify the Company promptly in writing (i) in case
of any litigation as set forth in Section 5(a) of these Conditions, (ii) in
case Knowledge shall come to an Insured hereunder of any claim of
title or interest that is adverse to the Title, as insured, and that might
cause loss or damage for which the Company may be liable by
virtue of this policy, or (iii) if the Title, as insured, is rejected as
Unmarketable Title. If the Company is prejudiced by the failure of
the Insured Claimant to provide prompt notice, the Company's
liability to the Insured Claimant under the policy shall be reduced to
the extent of the prejudice.
4.PROOF OF LOSS
In the event the Company is unable to determine the amount of loss
or damage, the Company may, at its option, require as a condition of
payment that the Insured Claimant furnish a signed proof of loss.
The proof of loss must describe the defect, lien, encumbrance, or
other matter insured against by this policy that constitutes the basis
of loss or damage and shall state, to the extent possible, the basis of
calculating the amount of the loss or damage.
DEFENSE AND PROSECUTION OF ACTIONS5.
Upon written request by the Insured, and subject to the options(a)
contained in Section 7 of these Conditions, the Company, at its
own cost and without unreasonable delay, shall provide for the
defense of an Insured in litigation in which any third party
asserts a claim covered by this policy adverse to the Insured.
This obligation is limited to only those stated causes of action
alleging matters insured against by this policy. The Company
shall have the right to select counsel of its choice (subject to
the right of the Insured to object for reasonable cause) to
represent the Insured as to those stated causes of action. It
shall not be liable for and will not pay the fees of any other
counsel. The Company will not pay any fees, costs, or
expenses incurred by the Insured in the defense of those
causes of action that allege matters not insured against by this
policy.
The Company shall have the right, in addition to the options(b)
contained in Section 7 of these Conditions, at its own cost, to
institute and prosecute any action or proceeding or to do any
other act that in its opinion may be necessary or desirable to
establish the Title, as insured, or to prevent or reduce loss or
damage to the Insured. The Company may take any
appropriate action under the terms of this policy, whether or not
it shall be liable to the Insured. The exercise of these rights
shall not be an admission of liability or waiver of any provision
of this policy. If the Company exercises its rights under this
subsection, it must do so diligently.
Whenever the Company brings an action or asserts a defense(c)
as required or permitted by this policy, the Company may
pursue the litigation to a final determination by a court of
competent jurisdiction, and it expressly reserves the right, in its
sole discretion, to appeal any adverse judgment or order.
DUTY OF INSURED CLAIMANT TO COOPERATE6.
In all cases where this policy permits or requires the Company(a)
to prosecute or provide for the defense of any action or
proceeding and any appeals, the Insured shall secure to the
Company the right to so prosecute or provide defense in the
action or proceeding, including the right to use, at its option,
the name of the Insured for this purpose. Whenever requested
by the Company, the Insured, at the Company's expense, shall
give the Company all reasonable aid (i) in securing evidence,
obtaining witnesses, prosecuting or defending the action or
proceeding, or effecting settlement, and (ii) in any other lawful
act that in the opinion of the Company may be necessary or
desirable to establish the Title or any other matter as insured.
If the Company is prejudiced by the failure of the Insured to
furnish the required cooperation, the Company's obligations to
the Insured under the policy shall terminate, including any
liability or obligation to defend, prosecute, or continue any
litigation, with regard to the matter or matters requiring such
cooperation.
The Company may reasonably require the Insured Claimant to(b)
submit to examination under oath by any authorized
representative of the Company and to produce for examination,
inspection, and copying, at such reasonable times and places
as may be designated by the authorized representative of the
Company, all records, in whatever medium maintained,
including books, ledgers, checks, memoranda,
correspondence, reports, e-mails, disks, tapes, and videos
whether bearing a date before or after Date of Policy, that
reasonably pertain to the loss or damage. Further, if requested
by any authorized representative of the Company, the Insured
Claimant shall grant its permission, in writing, for any
authorized representative of the Company to examine, inspect,
and copy all of these records in the custody or control of a third
party that reasonably pertain to the loss or damage. All
information designated as confidential by the Insured Claimant
provided to the Company pursuant to this Section shall not be
disclosed to others unless, in the reasonable judgment of the
Company, it is necessary in the administration of the claim.
Failure of the Insured Claimant to submit for examination under
oath, produce any reasonably requested information, or grant
permission to secure reasonably necessary information from
third parties as required in this subsection, unless prohibited by
law or governmental regulation, shall terminate any liability of
the Company under this policy as to that claim.
7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
TERMINATION OF LIABILITY
In case of a claim under this policy, the Company shall have the
following additional options:
To Pay or Tender Payment of the Amount of Insurance. To(a)
pay or tender payment of the Amount of Insurance under this
policy together with any costs, attorneys' fees, and expenses
incurred by the Insured Claimant that were authorized by the
Company up to the time of payment or tender of payment and
that the Company is obligated to pay. Upon the exercise by
the Company of this option, all liability and obligations of the
Company to the Insured under this policy, other than to make
the payment required in this subsection, shall terminate,
including any liability or obligation to defend, prosecute, or
continue any litigation.
To Pay or Otherwise Settle With Parties Other Than the(b)
Insured or With the Insured Claimant.
to pay or otherwise settle with other parties for or in the(i)
name of an Insured Claimant any claim insured against
under this policy. In addition, the Company will pay any
costs, attorneys' fees, and expenses incurred by the
Insured Claimant that were authorized by the Company
up to the time of payment and that the Company is
obligated to pay; or
to pay or otherwise settle with the Insured Claimant the(ii)
loss or damage provided for under this policy, together
with any costs, attorneys' fees, and expenses incurred by
the Insured Claimant that were authorized by the
Company up to the time of payment and that the
Company is obligated to pay.
Upon the exercise by the Company of either of the options
provided for in subsections (b)(i) or (ii), the Company's
obligations to the Insured under this policy for the claimed loss
or damage, other than the payments required to be made, shall
terminate, including any liability or obligation to defend,
prosecute, or continue any litigation.
CONDITIONS (Continued)
8. DETERMINATION AND EXTENT OF LIABILITY
This policy is a contract of indemnity against actual monetary loss or
damage sustained or incurred by the Insured Claimant who has
suffered loss or damage by reason of matters insured against by this
policy.
The extent of liability of the Company for loss or damage under(a)
this policy shall not exceed the lesser of
the Amount of Insurance; or(i)
the difference between the value of the Title as insured(ii)
and the value of the Title subject to the risk insured
against by this policy.
If the Company pursues its rights under Section 5 of these(b)
Conditions and is unsuccessful in establishing the Title, as
insured,
the Amount of Insurance shall be increased by 10%, and(i)
the Insured Claimant shall have the right to have the loss(ii)
or damage determined either as of the date the claim was
made by the Insured Claimant or as of the date it is
settled and paid.
(c)In addition to the extent of liability under (a) and (b), the
Company will also pay those costs, attorneys' fees, and
expenses incurred in accordance with Sections 5 and 7 of
these Conditions.
9.LIMITATION OF LIABILITY
(a) If the Company establishes the Title, or removes the alleged
defect, lien, or encumbrance, or cures the lack of a right of
access to or from the Land, or cures the claim of Unmarketable
Title, all as insured, in a reasonably diligent manner by any
method, including litigation and the completion of any appeals,
it shall have fully performed its obligations with respect to that
matter and shall not be liable for any loss or damage caused to
the Insured.
(b) In the event of any litigation, including litigation by the
Company or with the Company's consent, the Company shall
have no liability for loss or damage until there has been a final
determination by a court of competent jurisdiction, and
disposition of all appeals, adverse to the Title, as insured.
(c) The Company shall not be liable for loss or damage to the
Insured for liability voluntarily assumed by the Insured in
settling any claim or suit without the prior written consent of the
Company.
10.REDUCTION OF INSURANCE; REDUCTION OR TERMINATION
OF LIABILITY
All payments under this policy, except payments made for costs,
attorneys' fees, and expenses, shall reduce the Amount of Insurance
by the amount of the payment.
11.LIABILITY NONCUMULATIVE
The Amount of Insurance shall be reduced by any amount the
Company pays under any policy insuring a Mortgage to which
exception is taken in Schedule B or to which the Insured has agreed,
assumed, or taken subject, or which is executed by an Insured after
Date of Policy and which is a charge or lien on the Title, and the
amount so paid shall be deemed a payment to the Insured under
this policy.
12. PAYMENT OF LOSS
When liability and the extent of loss or damage have been definitely
fixed in accordance with these Conditions, the payment shall be
made within 30 days.
13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT
(a)Whenever the Company shall have settled and paid a claim
under this policy, it shall be subrogated and entitled to the
rights of the Insured Claimant in the Title and all other rights
and remedies in respect to the claim that the Insured Claimant
has against any person or property, to the extent of the amount
of any loss, costs, attorneys' fees, and expenses paid by the
Company. If requested by the Company, the Insured Claimant
shall execute documents to evidence the transfer to the
Company of these rights and remedies. The Insured Claimant
shall permit the Company to sue, compromise, or settle in the
name of the Insured Claimant and to use the name of the
Insured Claimant in any transaction or litigation involving these
rights and remedies. If a payment on account of a claim does
not fully cover the loss of the Insured Claimant, the Company
shall defer the exercise of its right to recover until after the
Insured Claimant shall have recovered its loss.
(b)The Company's right of subrogation includes the rights of the
Insured to indemnities, guaranties, other policies of insurance,
or bonds, notwithstanding any terms or conditions contained in
those instruments that address subrogation rights.
14. ARBITRATION
Either the Company or the Insured may demand that the claim or
controversy shall be submitted to arbitration pursuant to the Title
Insurance Arbitration Rules of the American Land Title Association
(“Rules”). Except as provided in the Rules, there shall be no joinder
or consolidation with claims or controversies of other persons.
Arbitrable matters may include, but are not limited to, any
controversy or claim between the Company and the Insured arising
out of or relating to this policy, any service in connection with its
issuance or the breach of a policy provision, or to any other
controversy or claim arising out of the transaction giving rise to this
policy. All arbitrable matters when the Amount of Insurance is
$2,000,000 or less shall be arbitrated at the option of either the
Company or the Insured. All arbitrable matters when the Amount of
Insurance is in excess of $2,000,000 shall be arbitrated only when
agreed to by both the Company and the Insured. Arbitration
pursuant to this policy and under the Rules shall be binding upon the
parties. Judgment upon the award rendered by the Arbitrator(s) may
be entered in any court of competent jurisdiction.
15.LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE
CONTRACT
(a) This policy together with all endorsements, if any, attached to it
by the Company is the entire policy and contract between the
Insured and the Company. In interpreting any provision of this
policy, this policy shall be construed as a whole.
(b) Any claim of loss or damage that arises out of the status of the
Title or by any action asserting such claim shall be restricted to
this policy.
(c) Any amendment of or endorsement to this policy must be in
writing and authenticated by an authorized person, or expressly
incorporated by Schedule A of this policy.
(d) Each endorsement to this policy issued at any time is made a
part of this policy and is subject to all of its terms and
provisions. Except as the endorsement expressly states, it
does not (i) modify any of the terms and provisions of the
policy, (ii) modify any prior endorsement, (iii) extend the Date of
Policy, or (iv) increase the Amount of Insurance.
16. SEVERABILITY
In the event any provision of this policy, in whole or in part, is held
invalid or unenforceable under applicable law, the policy shall be
deemed not to include that provision or such part held to be invalid,
but all other provisions shall remain in full force and effect.
17.CHOICE OF LAW; FORUM
(a) Choice of Law: The Insured acknowledges the Company has
underwritten the risks covered by this policy and determined
the premium charged therefor in reliance upon the law affecting
interests in real property and applicable to the interpretation,
rights, remedies, or enforcement of policies of title insurance of
the jurisdiction where the Land is located.
Therefore, the court or an arbitrator shall apply the law of the
jurisdiction where the Land is located to determine the validity
of claims against the Title that are adverse to the Insured and
to interpret and enforce the terms of this policy. In neither case
shall the court or arbitrator apply its conflicts of law principles to
determine the applicable law.
Choice of Forum: Any litigation or other proceeding brought by(b)
the Insured against the Company must be filed only in a state
or federal court within the United States of America or its
territories having appropriate jurisdiction.
18.NOTICES, WHERE SENT
Any notice of claim and any other notice or statement in writing required to be
given to the Company under this policy must be given to the Company at Claims
Department at P.O. Box 2029, Houston, TX 77252-2029.
Owner's Policy - Schedule B Order No.: 0706919-O
Policy No.: 9301-005076033
O W N E R ' S P O L I C Y
O F
T I T L E I N S U R A N C E
issued by
as agent for
STEWART TITLE GUARANTY COMPANY
SCHEDULE A
Order No.: 0706919-O Policy Number: 9301-005076033
Amount of Insurance: $13,875,000.00 Premium: $10,040.00
Date of Policy: : February 17, 2021 at the exact time of recording
1.Name of Insured:
Bowden Homes Equity Fund X LLC, a Colorado limited liability company
2.The estate or interest in the Land which is covered by this policy is:
Fee Simple
3.Title to the estate or interest in the Land is vested in:
Bowden Homes Equity Fund X LLC, a Colorado limited liability company
4.The Land referred to in this policy is located in the County of Pitkin, State of Colorado, and described as
follows:
Lots 1 and 2,
MAROON CREEK CLUB,
according to the Final Subdivision Plat and PUD for Maroon Creek Club recorded November 15, 1993, in
Plat Book 33 at Page 4, and Amendment recorded March 31, 1994, in Plat Book 34 at Page 23 and
Amended Plat of Lots 1 & 2, Maroon Creek Club, recorded in Plat Book 68 at Page 13.
Countersigned By:
The Title Company of the Rockies Authorized Officer or Agent
Page 1 of 3
Owner's Policy - Schedule B (continued)Order No.: 0706919-O
Policy No.: 9301-005076033
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses)
which arise by reason of:
Taxes and assessments for the current year, and subsequent years, a lien not yet due and payable.1.
Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States2.
Patent recorded 09/13/1934 in Book 162 at Page 400.
Resolution No. 93-104, Resolution of the Board of County Commissioners of Pitkin County, Colorado Granting3.
Final Plat Approval for Maroon Creek Club recorded August 4, 1993, in Book 721 at Page 245.
Subdivision Improvements Agreement for Maroon Creek Club recorded November 12, 1993, in Book 730 at4.
Page 606 and amendment recorded March 10, 2000, at Reception No. 441279.
Terms, provisions and conditions of Avigation Easement recorded November 12, 1993, in Book 730 at Page5.
690.
Road Maintenance Agreement recorded November 12, 1993, in Book 730 at Page 739.6.
Water Service Agreement between the City of Aspen, Colorado, a municipal corporation and a home rule city,7.
Pearce Equities Group II Limited Liability Company, a Utah limited liability company, Arthur O. Pfister,
Elizabeth H. Pfister, SEP Residence Trust and CDP Residence Trust, a Colorado Trust recorded November 15,
1993, in Book 730 at Page 797. Agreement recorded November 16, 1993, in Book 731 at Page 472 and
Assignment and Assumption recorded November 15, 1993, in Book 730 at Page 865, January 7, 1994, in Book
737 at Page 899 and April 11, 1994, in Book 747 at Page 191, and First Amendment thereto recorded
December 17, 1997 at Reception No. 409559.
Road Easement Agreement recorded November 15, 1993, in Book 730 at Page 938.8.
Easements, reservations and restrictions set forth on Final Subdivision Plat and PUD for Maroon Creek Club9.
recorded November 15, 1993, in Plat Book 33 at Page 4, and Amendment recorded March 31, 1994, in Plat
Book 34 at Page 23 and Amended Plat of Lots 1 & 2, Maroon Creek Club, recorded in Plat Book 68 at Page 13.
NOTE: Assignment of Final Subdivision Plat and PUD recorded February 17, 1994, in Book 742
at Pages 117 and 121.
Restrictions, which do not contain a forfeiture or reverter clause, but omitting restrictions based on race, creed,10.
color, religion or national origin, as contained in Master Declaration of Protective Covenants for Maroon Creek
Club recorded by First Amendment to Master Declaration of Protective Covenants for Maroon Creek Club
recorded February 17, 1994, in Book 742 at Page 83; Second Amendment to Master Declaration of Protective
Covenants for Maroon Creek Club recorded June 8, 1994, in Book 752 at Page 754; Third Amendment to
Master Declaration of Protective Covenants for Maroon Creek Club recorded July 19, 1994, in Book 755 at
Page 883;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 and Fourth Amendment to Master Declaration of
Protective Covenants for Maroon Creek Club recorded September 12, 1996, at Reception No. 396947.
NOTE: Assignment and Designation of Successor Declarant for Maroon Creek Club recorded
May 11, 1994, in Book 750 at Page 242.
Page 2 of 3
Owner's Policy - Schedule B (continued)Order No.: 0706919-O
Policy No.: 9301-005076033
Trench, Conduit and Vault Agreement recorded July 11, 1994, in Book 755 at Page 55.11.
Resolution No. 95-128 Pitkin County Board of County Commissioners recorded August 28, 1995, in Book 79112.
at Page 821.
Assignment of Road Maintenance Agreements recorded September 3, 1996, at Reception No. 396644.13.
Insubstantial P.U.D. Amendment recorded December 19, 1996, at Reception No. 400129.14.
Ordinance No. 34 (Series of 1996) City of Aspen recorded February 21, 1997, at Reception No. 401985.15.
Annexation Plat recorded 02/06/1997 in Plat Book 41 at Pages 76.16.
Ordinance No. 40 (Series of 1996) Aspen City Council recorded April 8, 1997, at Reception No. 403224 and17.
re-recorded May 15, 1997, at Reception No. 404428.
Easement as contained in Rule and Order by the District Court of Pitkin County, Colorado, Civil Action No.18.
96-CV-51-3 recorded December 7, 1998 at Reception No. 425224; Amended Rule and Order recorded
February 22, 1999 at Reception No. 427970 and Corrected Amended Rule and Order recorded May 10, 1999 at
Reception No. 430872.
Amended and Restated Easement Agreement recorded July 13, 2000 at Reception No. 444995.19.
Order of Inclusion recorded 04/09/2001 as Reception No. 453237.20.
Ordinance No. 6 (Series of 2003) by the Aspen City Council recorded May 14, 2003 at Reception No. 482689.21.
Notice of Approval recorded 02/29/2012 as Reception No. 587075 and recorded 02/18/2016 as Reception No.22.
627141.
Ordinance No. 26, Series of 2014 recorded 10/23/2014 as Reception No. 614783.23.
Any rights, easements, interests or claims that may existby reason of or reflected by the following facts shown24.
on survey dated 10/28/2020 by Tuttle Surveying Services:
Encroachment of Flagstone Walk onto Skyview PUD Lot 1
Gap between South property line of subject property and Skyview PUD Lot 1
Abandoned Ditch
Deed of Trust from Bowden Homes Equity Fund X LLC, a Colorado limited liability company to the Public25.
Trustee of the County of Pitkin for the use of ANB Bank to secure $10,773,000.00, dated February 16, 2021
and recorded February 17, 2021 at Reception No. 673666.
Page 3 of 3
Anti-Fraud Statement
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.
This anti-fraud statement is affixed to and made a part of this policy.
Exhibit 5
Exhibit 6
Exhibit 7
PRE-APPLICATION CONFERENCE SUMMARY
DATE: 2/24/21
PLANNER: Garrett Larimer, garrett.larimer@cityofaspen.com
PROJECT ADDRESS: Lot 1 and 2, Maroon Creek Club Subdivision and PD
PARCEL ID# 273514209001 & 273514209002
REPRESENTATIVE: Chris Bendon, BendonAdams
DESCRIPTION:
The applicant is requesting a Planned Development Amendment to amend the development envelopes of Lot 1
and Lot 2 of the Maroon Creek Club Sub./PD. In 2003, Approval was granted by City Council (Ordinance No.
6)to amend the development envelopes to allow for a single driveway to provide access to Lot 1 through Lot 2.
At the time, the lots were owned by the same owner. A minor reduction in the size of the development envelope
was approved for both lots, and the applicant voluntarily reduced the maximum allowable floor area for Lot 2 to
6,000 square feet to offset the additional impacts to the site from the proposed driveway alignment and
associated development. Lot 2 is undeveloped, and Lot 1 contains a single-family residence.
Two potential scopes were presented to staff in the pre-application discussion:
1.Option 1: Return size of building and development envelope to original size for both Lot 1 and 2, return
maximum allowable floor area for Lot 2 to 10,000 sf., provide two separate driveways to access the
building envelopes on Lot 1 and Lot 2 from Tiehack Rd. This option requests to undo what was approved
via Ordinance No. 6, Series of 2003.
2.Option 2: Change shape of building and development envelope for Lots 1 and 2 with no increase in size
for either envelope on either lot. Maintain maximum allowable floor area for Lot 2 of 6,000 sf. as outlined
in Ordinance 6, provide separate driveway access to Lot 1 and 2 from Tiehack Rd., or keep the single
curb cut and shared driveway access to both lots.
City Council review for a Minor Amendment to a Planned Development Project Review is triggered by an
increase in development or building envelope size, or a request to alter maximum allowable floor area. Since
Ordinance No. 6 has been acted upon, a new amendment is required to change any elements discussed in that
approval.
An Insubstantial Planned Development Amendment is required for any change in building or development
envelope shape when no increase in size is proposed. A single driveway could remain, or a separate curb cuts
and driveway access could be provided for each lot without impacting whether this is an Administrative or City
Council Review.
A preliminary plan provided by the applicant shows a portion of the proposed driveway providing access to Lot
1 extends beyond the property line, and into Lot 2. If this design is presented in the application, a draft plat with
and access easement will be required as part of the application.
The COA Parks, Fire, and Engineering Departments will provide referral comments on the application prior to
review by City Council.
RELEVANT LAND USE CODE SECTIONS:
Section Number Section Title
26.304 Common Development Review Procedures
26.445.110.D Planned Development Amendments
Exhibit 8
For your convenience – links to the Land Use Application and Land Use Code are below:
Land Use Application Land Use Code
OPTION 1:
REVIEW BY:
• Community Development Staff for Complete Application and Recommendation
• Public hearing before City Council for Determination
PUBLIC HEARING: Yes, City Council (One Step, Minor PD Amendment to Project Review Approval)
PLANNING FEES: $4,550 deposit for 14 hours of staff time (Additional/fewer hours billed/refunded at
$325 per hour)
REFERRAL FEES: $325 - Engineering Department deposit for one hour (Additional hours billed at $325
per hour)
$975 - Parks Department Flat Fee.
TOTAL DEPOSIT: $5,850
OPTION 2:
REVIEW BY:
• Community Development Staff for Complete Application and Decision
PUBLIC HEARING: No
PLANNING FEES: $1,300 deposit for 4 hours of staff time (Additional/fewer hours billed/refunded at
$325 per hour)
REFERRAL FEES: $325 - Engineering Department deposit for one hour (Additional hours billed at $325
per hour)
$650 - Parks Department Flat Fee.
TOTAL DEPOSIT: $2,275
APPLICATION CHECKLIST – PLEASE EMAIL APPLICATION TO: garrett.larimer@cityofaspen.com
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. The purpose of this requirement is to show that the Applicant has the
authority to apply for a Land Use Case.
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. Please include
drawings/diagrams of the proposed development and building envelope, the existing and proposed
total area of each envelope for each lot, and proposed driveway alignments.
A tree survey identifying trees to be removed.
A site improvement survey (no older than a year from submittal) including topography, existing
structures, and vegetation showing the current status of the parcel certified by a registered land
surveyor by licensed in the State of Colorado. This survey also is required to depict the 100-year
flood plain, the high-water mark of the roaring fork river and any ditch easement that cross the
property.
If the driveway for either lot extends beyond the property lines, a draft plat that complies with the
Engineering Design Standards is required to be provided in the applicant showing the extents and
terms of the access easement.
Written approval from HOA
HOA Compliance form (Attached to Application)
Once the copy is deemed complete by staff, the following items will then need to be submitted:
Total fee 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.
Lot 2 Maroon Creek Club Subdivision – Vicinity Map
Exhibit 9
Exhibit 10
Exhibit 11
IIIIII IIIII�IIIII IIIIII COUNTY CO III IIIII IIII IIII o 0 826890i 1: aea
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal
Code, the requests for a Planned Unit Development (PUD) Amendment to amend the
platted development envelopes on Lots 1 and 2 of the Maroon Creek Club is approved
with the following conditions stated herein:
1. Prior to recordation of an amended subdivision plat, an access easement shall be
granted to the owner of Lot 1 Maroon Creek Club Subdivision across Lot 2 Maroon
Creek Club Subdivision. In addition, a note shall be placed on the plat requiring that
the structure built on Lot 2 be restricted in size to 6,000 square feet per the applicant's
offer to reduce its allowable floor area ratio.
2. Prior to final approval of the driveway alignment, a tree permit from the Parks
Department will be required. Mitigation for the nine (9) trees to be removed on site
will be at the rate in effect at the time of building permit, as identified per the
Municipal Code. Mitigation can be on -site with landscaping of the native restoration
area.
3. The entire area west of the proposed Y-turn around which currently serves as the
driveway, will need to be re -vegetated in native plantings only. The area in front of
the house and to the South of the y-turn can be landscaped for screening or per the
discretion of the owners of the residence.
4. The common driveway servicing Lots 1 and 2 shall be kept free and clear of snow
and vehicles at all times of the year per the requirements of the Fire Department.
Section 2:
All material representations and commitments made by the applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the Planning and Zoning Commission or City Council, are
hereby incorporated in such plan development approvals and the same shall be complied
with as if fully set forth herein, unless amended by an authorized entity.
Section 3:
This Ordinance shall not effect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 4:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
Section 5:
1ILV1A111111111111111111111111111111111111111111111116.00DAVIS PITKIN COUNTY CO R Page; 3 of
g826890i :4ea
A public hearing will be held the 24`h day of February 2003 at 5:00 p.m. in the City Council
Chambers, 130 South Galena.
INTRODUCED, READ AND ORDERED PUBLISED as provided by law, by the City
Council of the City of Aspen on this 271h day of January, 2003.
fUTTEST:!
r/
KathryrrI{rgc ity°Clerk
FINALLY, adopted, passed, and approved this 24`h day of February,2003.
APPRCYV'AS TO FORM:
36hn Woorc€rsfor, City Attorney
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"
E
44
.
1
2
'
63
.
8
8
'
32
.
5
8
'
4
0
.
0
0
'
S70° 00
'
0
0
"
W
44.50'
1
9
.
9
7
'
2
9
.
2
1
'
68.02'194.94'
N70° 00
'
0
0
"
E
20.00'
193.45'
L=38.88', R=50.00'
∆=44° 32' 52", T=20.48'
Ch=N11° 57' 41"W, ChD=37.90'
EX. WALL
S
2
2
°
3
0
'
0
0
"
E
5
0
.
0
1
'
L=81.98', R=300.00'
∆=15° 39' 23", T=41.25'
Ch=S24° 21' 31"W, ChD=81.72'
L=314.01', R=410.00'
∆=43° 52' 56", T=165.16'
Ch=S21° 02' 14"W, ChD=306.39'
L=93.36', R=320.00'
∆=16° 42' 59", T=47.01'
Ch=N23° 49' 43"E, ChD=93.03'
S70° 00
'
0
0
"
W
20.00'
92.
4
1
'
55.78'
Lot 1
FND REBAR/CAP
LS#20133
00 40'80'
Scale: 1" = 40'
NORTH
By
Re
v
i
s
i
o
n
No
.
Da
t
e
923 Cooper Ave., Ste. 201
Glenwood Springs, CO 81601
(T) 970.945.5252
www.bu-inc.com
Engineer or Surveyor Seal
Sheet
Client Information:
PROJECT NO.
File Name:
Designer:
Drafter:
Date:
N:
\
P
R
O
J
E
C
T
S
\
2
0
2
1
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2
1
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0
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Subsurface Utility Engineering (SUE)
Required Project:
If "Yes", SUE Certification by:
Firm:
Job #:
Date:
9.8.7.6.5.4.3.2.
3/30/21
DJW
DJW
21006-plat-amended.dwg
21006
970.544.2000
Aspen, Colorado 81611
625 E Main St #102a
Bowden Homes
As
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N/A
N/A
N/A
N/A
PLAT NOTES:
1. CITY APPROVAL OF THIS AMENDED PLAT DOES NOT GRANT ANY RIGHT TO CONTINUE ANY NON-CONFORMING
INSTALLATIONS OF FEATURES OR IMPROVEMENTS NOR APPROVE ANY EXISTING OR FUTURE ENCROACHMENT.
2. THIS PROPERTY IS LOCATED ON THE PITKIN COUNTY, COLORADO AND INCORPORATED AREAS FLOOD INSURANCE
RATE MAP, FIRM PANEL NO. 0361 OF 0725, MAP NUMBER 08097C0361E, REVISED DATE AUGUST 15, 2019. THIS
PROPERTY IS WITHIN ZONE "X" IDENTIFIED AS "AREA OF MINIMAL FLOOD HAZARD."
3. THIS AMENDED PLAT OF LOT 2, MAROON CREEK CLUB SUBDIVISION & P.U.D. WILL COMPLY WITH CITY COUNCIL
ORDINANCE NO. 6 SERIES OF 2003.
4. THE FLOOR AREA OF LOT 2 SHALL BE RESTRICTED TO 6,000 FT. PER THE AGREEMENT OF THE APPROVAL IN CITY
COUNCIL ORDINANCE NO. 6 SERIES OF 2003 .
NOTES:
1. DATE OF SURVEY: JUNE 05 AND 11, 2003 PER THE AMENDED PLAT OF LOTS 1 & 2, MAROON CREEK CLUB
SUBDIVISION & P.U.D. AS PREPARED BY SOPRIS ENGINEERING, LLC IN BOOK 68 ON PAGE 13 & 14, AS RECEPTION NO.
492628 OF THE PITKIN COUNTY RECORDERS.
3. BASIS OF BEARING: AS RECORDED ON THE ABOVE SAID AMENDED PLAT OF THE LOTS 1 & 2, MAROON CREEK CLUB
SUBDIVISION & P.U.D., A BEARING OF S20°50'00"W FROM A FOUND REBAR & CAP LS#9184 ON THE N.W. CORNER OF
LOT 1 TO A FOUND REBAR A CAP LS#20133 ON THE S.W. CORNER OF LOT 1.
4. BASIS OF SURVEY: THE ABOVE SAID AMENDED PLAT OF LOTS 1 & 2, MAROON CREEK CLUB SUBDIVISION & P.U.D. AS
PREPARED BY SOPRIS ENGINEERING, LLC IN BOOK 68 ON PAGE 13 & 14, AS RECEPTION NO. 492628 OF THE PITKIN
COUNTY RECORDERS AND THE MONUMENTS SHOWN THEREON.
5. THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY BOUNDARIES UNLIMITED, INC. TO DETERMINE OWNERSHIP
OR EASEMENTS OF RECORD. FOR ALL INFORMATION REGARDING EASEMENTS, RIGHT-OF-WAY AND/OR TITLE OF
RECORD BOUNDARIES UNLIMITED INC. RELIED UPON THE ABOVE SAID AMENDED PLAT OF LOTS 1 & 2, MAROON
CREEK CLUB SUBDIVISION & P.U.D. AND THE TITLE COMMITMENT PREPARED BY TITLE COMPANY OF THE ROCKIES
UNDER COMMITMENT NO. 0706919-C6, ISSUE DATE JANUARY 04, 2021.
6. SURVEY SITUATED IN A PORTION OF SECTION 14, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH P.M., CITY OF
ASPEN, COUNTY OF PITKIN, STATE OF COLORADO.
SURVEYOR'S CERTIFICATE
I, STEVEN L. SMITH, A REGISTERED LAND SURVEYOR, DO HEREBY CERTIFY THAT I HAVE PREPARED THIS 2ND AMENDED PLAT
OF LOT 2, MAROON CREEK CLUB SUBDIVISION & P.U.D. AS LAID OUT, PLATTED, DEDICATED AND SHOWN HEREON, THAT THE
SAME IS BASED ON RECORDED DOCUMENTS; THAT THIS MEETS THE REQUIREMENTS OF A LAND SURVEY PLAT AS SET FORTH
IN CRS SECTION 38-51-106; THE CONTROL PRECISION IS GREATER THAN 1 IN 10,000. RECORDED EASEMENTS,
RIGHTS-OF-WAY AND RESTRICTIONS ARE THOSE SET FORTH BY TITLE COMPANY OF THE ROCKIES UNDER COMMITMENT NO.
0706919-C6, ISSUE DATE JANUARY 04, 2021
DATED , 20 .
STEVEN L. SMITH , PLS 25642
REGISTERED LAND SURVEYOR
COMMUNITY DEVELOPMENT DIRECTOR APPROVAL:
THIS 2ND AMENDED PLAT OF LOT 2, MAROON CREEK CLUB SUBDIVISION & P.U.D. SHOWN HEREON, WAS APPROVED BY THE
COMMUNITY DEVELOPMENT DIRECTOR OF THE CITY OF ASPEN, COLORADO THIS DAY OF
, 20 .
SIGNED
COMMUNITY DEVELOPMENT DIRECTOR
ENGINEERING DEPARTMENT REVIEW:
THIS 2ND AMENDED PLAT OF LOT 2, MAROON CREEK CLUB SUBDIVISION & P.U.D. SHOWN HEREON, WAS REVIEWED FOR THE
DEPICTION OF THE ENGINEERING DEPARTMENT SURVEY REQUIREMENTS ON THIS DAY OF
, 20 .
SIGNED
CITY ENGINEER
CLERK AND RECORDER'S CERTIFICATE
THIS 2ND AMENDED PLAT WAS FILED FOR RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY AT
O'CLOCK .M. ON THE DAY OF , 20 , AS
RECEPTION NO..
CLERK AND RECORDER
BY
DEPUTY
2nd AMENDED PLAT OF
LOT 2, MAROON CREEK CLUB SUBDIVISION & P.U.D.
ACCORDING TO THE AMENDED PLAT OF LOTS 1 & 2, MAROON CREEK CLUB SUBDIVISION & P.U.D.
THEREOF RECORDED DECEMBER 19, 2003 IN BOOK 68 ON PAGE 13 & 14, AS RECEPTION NO. 492628
Sheet 1 of 2
CERTIFICATE OF DEDICATION AND OWNERSHIP
KNOW ALL PERSONS BY THESE PRESENTS THAT THE UNDERSIGNED BEING THE OWNERS OF THE PROPERTY DESCRIBED AS:
LOT 2, MAROON CREEK CLUB SUBDIVISION & P.U.D. ACCORDING TO THE AMENDED PLAT OF LOTS 1 & 2, MAROON CREEK CLUB SUBDIVISION & P.U.D.
THEREOF RECORDED DECEMBER 19, 2003 IN BOOK 68 ON PAGE 13 & 14, AS RECEPTION NO. 492628.
HAVE BY THESE PRESENTS AMENDED SAID LOT AND DO HEREBY DEDICATE THE PRIVATE ACCESS EASEMENT AS SHOWN HEREON, FOR THE BENEFIT OF
THE OWNER OF LOT 1, THEIR GUESTS AND INVITEES, SUBJECT TO THE RIGHT OF ALL EMERGENCY UTILITIES TO MAKE USE OF SUCH ACCESS EASEMENT
IN ALL REASONABLE CIRCUMSTANCES.
THE ABOVE DESCRIBED PROPERTY IS THE SAME AS THE PROPERTY DESCRIBED IN THE TITLE COMMITMENT ISSUED BY TITLE COMPANY OF THE ROCKIES
UNDER COMMITMENT NO. 0706919-C6, ISSUE DATE JANUARY 04, 2021.
EXECUTED THIS DAY OF , A.D. 20 .
OWNERS: LOT 2
BY:
ADDRESS:
STATE OF COLORADO }
} SS
COUNTY OF PITKIN }
THE ABOVE AND FOREGOING DOCUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF , A.D. 20 ,
BY AS OWNER OF LOT 2.
WITNESS MY HAND AND OFFICIAL SEAL
BY
NOTARY PUBLIC
MY COMMISSION EXPIRES
MY ADDRESS IS:
VICINITY MAP
Scale: 1"=2000'
NO
R
T
H
LEGEND
Aspen
GOLF COURSE
SITE
Highway 8
2
Ti
e
h
a
c
k
R
o
a
d
TITLE CERTIFICATE
THE UNDERSIGNED, A DULY-AUTHORIZED REPRESENTATIVE OF TITLE COMPANY OF THE ROCKIES, REGISTERED TO DO BUSINESS
IN PITKIN COUNTY, COLORADO, DOES HEREBY CERTIFY, PURSUANT TO SECTION 1.3.4 OF THE CITY OF ASPEN ENGINEERING
STANDARDS, THAT THE PERSON OR PERSONS LISTED AS OWNER(S) ON THIS AMENDED PLAT DO HOLD FEE SIMPLE TITLE TO
THE REAL PROPERTY DESCRIBED HEREIN, FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES EXCEPT THOSE LISTED ON THE
TITLE COMMITMENT ISSUED BY TITLE COMPANY OF THE ROCKIES UNDER COMMITMENT NO. 0706919-C6, ISSUE DATE JANUARY
04, 2021. ALTHOUGH WE BELIEVE THE FACTS STATED ON THIS AMENDED PLAT ARE TRUE, THIS CERTIFICATE IS NOT TO BE
CONSTRUED AS AN ABSTRACT OF TITLE, NOR AN OPINION THAT TITLE COMPANY OF THE ROCKIES, AND IT IS UNDERSTOOD AND
AGREED THAT TITLE COMPANY OF THE ROCKIES NEITHER ASSUMES NOR WILL BE CHARGED WITH ANY FINANCIAL OBLIGATION
OR LIABILITY WHATEVER ON ANY STATEMENT CONTAINED HEREIN.
BY:
TITLE:
ADDRESS:
STATE OF COLORADO }
} SS
COUNTY OF PITKIN }
THE TITLE CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF ,
A.D. 20 ,
BY AS
OF TITLE COMPANY OF THE ROCKIES.
WITNESS MY HAND AND OFFICIAL SEAL
BY
NOTARY PUBLIC
MY COMMISSION EXPIRES
MY ADDRESS IS:
LIENHOLDER'S SUBORDINATION
ANB BANK HEREBY APPROVES THE GRANTS AND DEDICATIONS SET FORTH ON THIS 2ND AMENDED PLAT OF LOT 2, MAROON
CREEK CLUB SUBDIVISION & P.U.D., APPROVES THE RECORDING OF THIS PLAT, AND SUBORDINATES ITS DEED OF TRUST
REFERENCED IN THE CERTIFICATE OF DEDICATION ON THIS PLAT TO THE TERMS, PROVISIONS, SUBDIVISION, DEDICATIONS AND
GRANTS CONTAINED ON THIS PLAT.
ANB BANK
BY:
TITLE:
STATE OF COLORADO }
} SS
COUNTY OF PITKIN }
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF , 20 , BY
AS OF
WITNESS MY HAND AND OFFICIAL SEAL
BY
NOTARY PUBLIC
MY COMMISSION EXPIRES
MY ADDRESS IS: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.
ADDITIONAL DEVELOPMENT ENVELOPE AREA
ABANDONED DEVELOPMENT ENVELOPE AREA
DR
A
F
T
PROPERTY LINE
FOUND MONUMENT
ADJOINING PROPERTY
EASEMENT (EX.)
EASEMENT (PR.)
BUILDING ENVELOPE
DEVELOPMENT ENVELOPE (EX.)
DEVELOPMENT ENVELOPE (PR.)
CENTERLINE
PLAT DESCRIBED LOCATION
NEW DEVELOPMENT ENVELOPE POINT
Exhibit 12
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>
>
>
>
>
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>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
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>
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>
>
>
>
Wil
l
o
w
C
r
e
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k
D
i
t
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Lot 3
Ma
r
o
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C
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k
Tie
h
a
c
k
R
o
a
d
Common
Skyview PUD Lot 1
Parcel S
Maroon Creek
Club Master
Association
Lot 2
3.817 Ac.±
S 1
5
°
4
5
'
0
0
"
W
1
3
7
.
9
4
'
S 3
1
°
0
0
'
0
0
"
W
2
0
6
.
4
4
'
N 90°00'00" E 265.22'
N 1
7
°
1
2
'
5
8
"
E
1
4
8
.
6
6
'
N 2
9
°
1
0
'
0
3
"
E
9
8
.
4
9
'
N
2
0
°
0
'
0
0
"
W
3
0
5
.
6
5
'
N 90°00'00" E 262.96'
S
5
2
°
3
0
'
0
0
"
E
3
3
8
.
3
9
'
N 2
0
°
5
0
'
0
0
"
E
3
0
5
.
0
7
'
114.41'
BA
S
I
S
O
F
B
E
A
R
I
N
G
S
R50'
Common
Parcel R
Maroon Creek
Club Master
Association
SOUTH LINE OF THE NW1/4, NW1/4
PER THE FINAL PLAT OF SKYVIEW
SUB./ P.U.D. PLAT BOOK 56, PAGES
95-102, RECEPTION #451940
REALIGNED 40.0' WIDE
NON-EXCLUSIVES, PERMANENT
PERPETUAL ACCESS EASEMENT &
R.O.W. PER RECEPTION NO. 444995
(CENTERED IN THE EXISTING TIEHACK
RD AS CONSTRUCTED AND IN PLACE)
SOUTH LINE OF THE NW1/4, NW1/4
PER THE FINAL PLAT OF MAROON
CREEK CLUB SUB./ P.U.D. PLAT BOOK
33, PAGES 4-13, RECEPTION #363275
40' PRIVATE
ACCESS EASEMENT
20'
BUILDING
ENVELOPE
PER PLAT
BOOK 68 AT
PAGE 13
FND 1/4" x 2" MAG NAIL
& 2" TABLET LS#33638
FND WITNESS
CORNER LS#28643
61.2' (WITNESS)
FND WITNESS
CORNER LS#28643
FND WITNESS CORNER
12
9
.
0
'
(
W
I
T
N
E
S
S
)
20.84'244.38'
35'
EX. WALL
40' PRIVATE
ACCESS EASEMENT
EX
.
D
R
I
V
E
EX.
BLDG
138
.
2
4
'
N32
°
1
1
'
1
2
"
E
50.0
0
'
N43
°
0
0
'
0
0
"
E
1
5
2
.
3
'
6
9
.
2
'
(
W
I
T
N
E
S
S
)
N0
°
5
3
'
2
3
"
E
1
0
6
.
8
8
'
L=33.72', R=85.00'
∆=22° 43' 38", T=17.08'
Ch=N10° 28' 26"W, ChD=33.50'
20'
EX. AUTOCOURT
PR
.
L
O
T
1
D
R
I
V
E
FND REBAR/CAP
LS#20133
FND REBAR/CAP
LS#9184
ABANDONED PRIVATE ACCESS
EASEMENT
(PER PLAT BOOK 68 AT PAGE 14)
EX. WALL
1
9
.
9
7
'
68.02'194.94'
193.45'
N32
°
1
1
'
1
2
"
E
132
.
4
1
'
N1
0
°
1
8
'
4
8
"
E
47
.
1
4
'
S52° 30' 00"E
2.70'
NEW
PRIVATE
ACCESS
EASEMENT
6
4
.
2
3
'
L=38.88', R=50.00'
∆=44° 32' 52", T=20.48'
Ch=N11° 57' 41"W, ChD=37.90'
EX. WALL
DEV
E
L
O
P
M
E
N
T
E
N
V
E
L
O
P
E
D
E
V
E
L
O
P
M
E
N
T
E
N
V
E
L
O
P
E
DE
V
E
L
O
P
M
E
N
T
E
N
V
E
L
O
P
E
S
2
2
°
3
0
'
0
0
"
E
5
0
.
0
1
'
L=81.98', R=300.00'
∆=15° 39' 23", T=41.25'
Ch=S24° 21' 31"W, ChD=81.72'
L=314.01', R=410.00'
∆=43° 52' 56", T=165.16'
Ch=S21° 02' 14"W, ChD=306.39'
L=93.36', R=320.00'
∆=16° 42' 59", T=47.01'
Ch=N23° 49' 43"E, ChD=93.03'
92.
4
1
'
Lot 1
N70° 00
'
0
0
"
E
22.00'
FND REBAR/CAP
LS#20133
00 40'80'
Scale: 1" = 40'
NORTH
By
Re
v
i
s
i
o
n
No
.
Da
t
e
923 Cooper Ave., Ste. 201
Glenwood Springs, CO 81601
(T) 970.945.5252
www.bu-inc.com
Engineer or Surveyor Seal
Sheet
Client Information:
PROJECT NO.
File Name:
Designer:
Drafter:
Date:
N:
\
P
R
O
J
E
C
T
S
\
2
0
2
1
\
2
1
0
0
6
-
L
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t
s
1
&
2
M
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3
0
/
2
0
2
1
9
:
4
0
A
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Subsurface Utility Engineering (SUE)
Required Project:
If "Yes", SUE Certification by:
Firm:
Job #:
Date:
9.8.7.6.5.4.3.2.
3/30/21
DJW
DJW
21006-plat-amended.dwg
21006
970.544.2000
Aspen, Colorado 81611
625 E Main St #102a
Bowden Homes
As
p
e
n
,
C
o
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a
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o
1.
Sh
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2
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2
N/A
N/A
N/A
N/A
PROPERTY LINE
LEGEND
FOUND MONUMENT
ADJOINING PROPERTY
EASEMENT (EX.)
EASEMENT (PR.)
BUILDING ENVELOPE
DEVELOPMENT ENVELOPE (EX.)
DEVELOPMENT ENVELOPE (PR.)
CENTERLINE
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.
PLAT DESCRIBED LOCATION
NEW ACCESS EASEMENT
ABANDONED ACCESS EASEMENT
DR
A
F
T
NEW EASEMENT POINT
2nd AMENDED PLAT OF
LOT 2, MAROON CREEK CLUB SUBDIVISION & P.U.D.
ACCORDING TO THE AMENDED PLAT OF LOTS 1 & 2, MAROON CREEK CLUB SUBDIVISION & P.U.D.
THEREOF RECORDED DECEMBER 19, 2003 IN BOOK 68 ON PAGE 13 & 14, AS RECEPTION NO. 492628
Sheet 2 of 2
Exhibit 13
Tree Removal Plan
Grouping of what
appear to be sub-
permit Aspen
volunteers
Grouping of what appear to be
sub-permit Aspen volunteers
Grouping of
what appear to
be sub-permit
Aspen
volunteers and
Oak brush
Spruce planted with
installation of
driveway. These
will be evaluated
for spading and
relocation within
property