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Home My WebLink AboutLand Use Case.1205 Tiehack Rd.A010-002735-113-09-010 i 2-09 1-,4*h (11 Maroon Creek Club Lot 10 Insubstantial PUD Amendment 3 1,0 i 3 6 40$*44, .. CASE NUMBER A010-00 PARCEL ID # 2735-113-09010 CASE NAME MCC Lot #10 Insubstantial PUD Amendment PROJECT ADDRESS Lot 10 MCC PLANNER Chris Bendon CASE TYPE Insubstantial PUD Amendment OWNER/APPLICANT Gerald D. Hodier c/o Richard Wax & Assocciates REPRESENTATIVE Micheal Feigenbaum DATE OF FINAL ACTION CITY COUNCIL ACTION PZ ACTION ADMIN ACTION Approved BOA ACTION DATE CLOSED 3/6/00 BY Chris Bendon .. PARCEL ID:~2735-113-09010 DATE RCVD: ~2/1/00 # COPIES:1 CASE NO~A010-00 CASE NAME:~MCC Lot #10 Insubstantial PUD Amendment PLNR:~ PROJADDR:ILot 10 MCC CASE TYP:~Insubstantial PUD Amendment STEPS~--6 OWN/APP~Gerald D. Hodier c/o ADRIP.O. Box 7699 ' C/S/Z: |Aspen/CO/81612 PHN:1920-0236 REP:IMicheal Feigenbaum ADR:~533 E. Hopkins, 3rd Fl C/S/Z:|Aspen/CO/81621 PHN:|920-1700 FEES DUE:~480 D 170 E FEES RCVD~650 STAT: E- REFERRALS~ REF:~ BY~ DUE: ~ MTG DATE REV BODY PH NOTICED ...1- DATE OF FINAL ACTION:~ CITY COUNCIL: REMARKS~ PZ: BOA: CLOSED: | 3.4.00 BY: | C+104 DRAC: PLAT SUBMITD: ~ PLAT (BK,PG):1 52- Â£20 ADMIN: 47 "d . * 62 0 2 #4 4'ID 117 .. MEMORANDUM To: Chris Bendon, Planner From: Ben Ludlow, Project Engineer .3 FL Date: February 9,2000 Re: Maroon Creek Club Lot 10 Plat Amendment 1. The Improvement Survey needs to be properly dated, signed, and stamped with the seal of the surveyor. 2. Indicate the recording information, book and page, for the utility and street easement. 3. Indicate the area of the parcel to the nearest 0.001 acre. -2735- //3-4~ LAW OFFICES OF 4- OATES, KNEZEVICH & GARDENSWARTZ, P.C. PROFESSIONALCORPORATION THIRD FLOOR, ASPEN PLAZA BUILDING 533 EAST HOPKINS AVENUE A - 10-00 ASPEN, COLORADO 81611 LEONARD M. OATES TELEPHONE (970) 920-1700 RICHARD A. KNEZEVICH FACSIMILE (970) 920-1121 TED D. GARDENSWARTZ DAVID B. KELLY e-rnail ohkg@rof.net OFCOUNSEL MICHAEL FEIGENBAUM JOHN T. KELLY January 28,2000 DAVID B. MUELLER VIA HAND DELIVERY Mr. Chris Bendon Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Application for Insubstantial PUD Amendment for Lot 10, Maroon Creek Club PUD, City of Aspen, Colorado Dear Chris: This application is for the following: Code Section Insubstantial PUD Amendment 26.84.080 For Lot 10, Maroon Creek Club Applicant: Gerald D. Hosier BACKGROUND AND SUMMARY OF ISSUE Gerald D. Hosier is the owner and developer o f Lot 10, The Maroon Creek Club PUD, which has a street address at 15 South Meadow Lane, Aspen, Colorado 81611. The property is located adjacent to the Buttermilk Ski Area, as shown on the Vicinity Map, attached hereto as Exhibit A. The property is approximately.75 acres and is zoned R-15,and is a legally created lot in the Maroon Creek Club PUD. The existing approvals for the property and Maroon Creek Club PUD are listed as Exception Nos. 9,10, 11,13,14 and 16 in the Commitment for Title Insurance described below. OATES, KNEZEVICH & GZCMMENSWARTZ, P.C. Mr. Chris Bendon January 28,2000 Page 2 As evidence of ownership, a Commitment for Title Insurance was issued by Pitkin County Title, Inc., dated January 3,2000, which is attached hereto as Exhibit B. The initial surveyor working on the development project was Carl R. Carmichael PLS. The current surveyor is John M. Howorth, PLS, of Aspen Survey Engineers, Inc. The building envelope of the property as set out in the applicable approvals is depicted on the portion of the recorded PUD Plat attached to the Application as Exhibit C. The applicant commenced construction on the project in July 1997, in accordance with generally accepted industry standards, and at all times believed in good faith that the project was being constructed consistent with all applicable approvals. In January 2000, the applicant was made aware that a portion of structure encroached upon the building envelope at several locations. These encroachments are depicted on the Survey prepared by John M. Howorth dated January 21, 2000, which is attached hereto as Exhibit D. An affidavit from Carl Carmichael describing the circumstances which led to the encroachments for Lot 10, Maroon Creek Club, is attached hereto as Exhibit E. The applicant believes that the circumstances relating to the current encroachments are similar, and Mr. Carmichael is not at this time accessible for further explanation. The applicant hereby requests approval o f a Insubstantial PUD Amendment for Lot 10, the Maroon Creek Club PUD, to permit the relocation of the building envelope as depicted on the Insubstantial PUD Amendment prepared by John M. Howorth dated January 2000, which attached to this Application as Exhibit F. The revised building envelope is equal in area to the original one approved under the Maroon Creek Club PUD and related permits for Lot 10. No other approvals or changes are requested. CRITERIA FOR APPROVAL The applicant has satisfied the criteria for the Insubstantial PUD amendment, as described in Section 26.84.080(A)(9) of the Code. In particular, the modification of the building envelope does not increase the area o f the envelope and, in addition, the modification does not result in any material alteration to the improvements located on Lot 10. SUPPORTING APPLICATION MATERIAL The following supporting information is submitted to the Planning Office together with this Application. 1. Owner's Consent 2. Copy of Pre-Application Summary 3. Agreement to Pay Form OATES, KNEZEVICH & GA7~ENSWARTz, P.C. Mr. Chris Bendon January 28,2000 Page 3 Please call me with any questions you have relating to the application. The applicant greatly appreciates your prompt attention, and thanks you in advance for your time and assistance in this matter. Sincerely, OATES, KNEZEylâ‚¬H & GARDENSWARTZ, P.C. By: 4-6 0 2 I 1 9 44 54- Michael freigenbaum MF/jr Enclosures CC: Jeff Davis Travis Thornton \\Mt\Data\Client-Matters\Wax\BendonLot 10.App.wpd .. January 28,2000 Mr. Chris Bendon Community Development Department 130 South Galena Street Aspen, CO 81611 Dear Mr. Bendon: The undersigned hereby authorizes Michael Feigenbaum and Richard A. Wax & Associates LLC to act on my behalf in connection with matters relating to the application for Insubstantial PUD Amendment for the property located at Lot 10, Maroon Creek Club PUD, in Aspen, Colorado. ~ a.-- 1 4 zoo Gerald D. Hosier ~ LAND USE APPLICATION ~ PROJECT: Name: Lot 10, Maroon Creek Club PUD 15 South Meadow Lane, Aspen, CO --- Lot 10, Maroon Creek Club PUD Location: (Indicate street address. lot & block number, legal description where appropriate) APPLICANT: Name: Gerald D. Hosier c/o Richard A. Wax & Associates, P.O. Box 7699, Aspen 81612 ' Address: i Phone #: 970-920-0236 1 REPRESENTATIVE: Name: Michael Feigenbaum, Oates, Knezevich & Gardenswartz I 533 E. Hopkins, 3rd Floor, Aspen, CO 81621 ' Address: Phone #: 970-920-1700 TYPE OF APPLICATION: (please check all that apply): ~ Conditional Use C Conceptual PUD E Conceptual Historic Devt. m Special Review 2 Final PUD (& PUD Amendment) E Final Historic Development 01 Design Review Appeal 2 Conceptual SPA ~ Minor Historic Devt. El GMQS Allotment U Final SPA (& SPA Amendment) C Historic Demolition 0 GMQS Exemption m Subdivision 3 Historic Designation U ESA- 8040 Greenline, Stream m Subdivision Exemption (includes I) Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane U Lot Split D Temporary Use U Other: g Lot Line Adjustment C] Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) Existing improvements encroach building envelope PROPOSAL: (description of proposed buildings, uses, modifications, etc.) Relocation of building envelope without increasing area Have you attached the following? FEES DUE: $ 650.00 g Pre-Application Conference Summary Â® Attachment #1, Signed Fee Agreement 27 Response to Attachment #2, Dimensional Requirements Form 60 Response to Attachment #3, Minimum Submission Contents Â® Response to Attachment #4, Specific Submission Contents El Response to Attachment #5, Review Standards for Your Application .. ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and Gerald D. Hosier (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for Insubstantial PUD Amendment (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 45 (Series of 1999) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because o f the size, nature or scope of the proposed project. it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness. APPLICANT shall pay an initial deposit in the aniount of S 650.00 which isfor hours of Community Development staff tinie, and if actual recorded costs exceed the initial deposit. APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN API?LIÂ¢ANT ~,60 0 .2 , By: By: Gerald D. Hosier Julie Ann Woods Community Development Director Date: January , 2000 Mailing Address: c/o Richard A. Wax & Associates LLC p.0. Box 7699, Aspen, CO 81612 g:\support\forms\agrpayas.doc 12/27/99 FROM : CARMICHAEL SURVEYING ~ PHONE NO. : 9709630757 ~ Jan. 12 1999 04:50PM Pl AFFIDAVIT OF CARL R. CARMICHAEL PLS, Ltd. ~ ~,3 TO: CITY OF ASPEN PLANNING DEPARTMENT DATE: JANUARY 12, 1999 RE: LOT 36, MAROON CREEK CLUB I was contracted to do start-to-finish survey work for three lots in the Maroon Creek Club (Lots 27,35 and 36). Normal procedures for a surveyor in laying out a house designed by an architecture firm begin with a site plan produced by the architect. On that basis, the surveyor - relies on design work by an architect for the stnicture, and on design work by a structural engineer for the foundation. In the case of Lot 36, if one examines the site plan, it will be apparent that the house barely fits within the building envelope. As shown on the site plan, the roof overhangs also fall within the envelope. Therefore, I used three points to orient the house foundation as drawn on the site plan. The dimensions that I used, as well as the points I used, are shown on the attached map (labeled *As-Built HouseD. You will note that the three dimensions that I used based on the foundation sketched on the site plan, and the house cs constructed, fit those dimensions at those three points. The errors occurred as a result of the site plan being incorrectly scaled within the building envelope. lt appeared there would be plenty of room along the westerly side of the lot where the encroachments occurred; therefore. I did not specifically check the westerly site plan foundation scaling or the two house corners and two light wells to assure they were within the building envelope. It is not normally necessary for the surveyor to check every single calculation, detail and accuracy of work provided by others. 1 do carry certain responsibilities as a Professional Land Surveyor to accurately and correctly stake the Specified foundation to the best of my knowledge and ability. Standard staking procedures involve marking the primary foundation corners, while add-on details such as wing walls, light wells, retaining walls, column supports and interior footings are left to the concrete contractor. In this case, it appears that a combination of design work, scaling errors, and not double checking each and every detail, structural and architectural. for conformity to compliance with the parameters of the building envelope, led to the situation that currently exists. I myself, had no knowledge the house encroached into the set backs until Schmueser, Gordon, Meyer had a survey crew on site for unrelated work and during the course of that work they found the encroachments. At that point, lwas not informed by Steve Ehlers, the field survey coordinator for SGM, of the encroachments which, as professional ethics require, I should have been. Instead, the Information was relayed to my employer via a third party, At that time I personally checked the information provided by SGM and found substantial agreement with their work. The results of my checking are shown on said map labeled "As-Built House." Armed with the results of my survey checking the encroachments, I contacted Sara Thomas at Community Development, Building, Planning and Zoning to inform her of the situation and to seek the proper course of action to rectify the encroachment problem. At that point, I came to the conclusion that legal advice and assistance was necessary. I informed Richard Wax & Assodates of my conclusion and their attorney, Michael Feigenbaum, became involved in reaching a solution amendable to all parties. JAN. 26,2000 1:00PM PITKIN COUNTY TITLE NO. 4377 P. 4 .. SCHEDULE B SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1 Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are 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, [iens, 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 the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. Right of the proprietor of a van or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and right of way for ditches or canals constructed by the authority of the United States as reserved in United States Patents recorded March 15, 1992 in Book 55 at Page 21, August 26, 1911 in Book 55 at Page 189, August 26, 1911 in Book 55 at Page 191, September 13, 1934 in Book 162 at Page 400, June 16, 1944 in Book 167 at Page 562 and May 20,1953 in Book 180 at Page 155. 8. Easements, rights of way and all matters as disclosed on Plat of subject property recorded November 15, 1993 in Plat Book 33 at Page 4 and Amended Sheet 2 recorded March 31,1994 in Plat Book 34 at Page 23 and Assignment of Plat to Maroon Creek Limited Liability Company recorded February 17, 1994 in Book 742 at Page 117 and 121, 9. Those terms, conditions, provisions, obligations, easements, restrictions, assessments and all matters as set forth in Master Declaration of Protective Covenants for Maroon Creek Club recorded December 2,1993 in Book 733 at Page 598 and First Amendment thereto recorded February 17, 1994 in Book 742 at Page 83, Assignment and Designation of Successor Declarant for Maroon Creek Club recorded May 11, 1994 in Book 750 at Page 242, Second Amendment thereto recorded June 8, 1994 in Book 752 at Page 754 and Amended and Restated Third Amendment thereto recorded July 26, 1994 in Book 756 at Page 597 10. Terms, conditions, provisions, obligations and all matters as set foMM in Subdivision Improvements Agreement recorded November 12, 1993 in Book 730 at Page 606. 11. Terms, conditions, provisions, obligations and all matters as set forth in Final Plat Resolution of the Board of County Commissioners recorded August 13, 1993 in Book 721 at Page 245 as Resolution No. 93-104. 12. Avigation Easement granted to Pitkin County recorded November 12, 1993 in Book 730 at Page 690. 13, Terms, conditions provisions and obligations as set forth in Deed Restriction for Maroon Creek Club Townhomes recorded November 12, 1993 in Book 730 at Page 717. (Continued) ~ JAN 26 2000 1:OOPM PITKIN COUNTY TITLE NO. 4377 P. 1 .. COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: January 3, 2000 at 8:00 AM Case No. PCT14910 2. Policy or Policies to be issued (a) ALTA Owner's Policy-Form 1992 Amount$ 4,500,000.00 PremiumS 4,272.00 Proposed Insured: Rate. Re-Issue MOLLIE ZWIEG (b) ALTA Loan Policy-Form 1992 Amount$ 0.00 Premium$ 0.00 Proposed Insured: Rate. Tax Certificate: $10.00 3, Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: GERALD D. HOSIER 4. The land referred to in this Commitment is situated in the County of PITKI N State of COLORADO and is described as follows: LOT 10, MAROON CREEK CLUB, as shown on the Final Subdivision Plat & PUD for Maroon Creek Club, recorded November 15, 1993 in Plat Book 33 at Page 4. PITKIN COUNTY TITLE, INC. Schedule A-PG 1 601 E. HOPKINS Thls Commitment is invalid ASPEN, CO. 81611 unless the Insuring 970-925-1766 Provisions and Schedules 970-925-6527 FAX A and B are attached. AUTHORIZED AGENT . Post-it' Fax Note 7671 Date ~~b I,fro Aste. \0 From /0 6/Â· A.. TO rA i-C Ad 41 1 7 +TH n l -40 Co,/Depl CO. Phone # Phone # 4 19 - fl Ge -Fax# L/ 10 -Ill) _ .211 - 99)1r_ Fax # JAN. 26. 2000 1:01PM PITKIN COUNTY TITLE NO. 4377 P. 5 .. SCHEDULE B SECTION 2 EXCEPTIONS - (Continued) 14, Terms, conditions, provisions and obligations of Water Service Agreement between The City of Aspen and Pearce Equities Group ll, Limited Liability Company, a Utah Limited Liability Company, recorded November 15, 1993 in Book 730 at Page 797, Assignment and Assumption of Water Lease Agreement recorded November 15,1993 in Book 730 at Page 865, Assignment and Assumption Agreement recorded January 7, 1994 in Book 737 at Page 899 and Amended Assignment and Assumption Agreement recorded April 11,1994 in Book 747 at Page 191 15. Terms, conditions, provisions and obligations as set forth in Trench. Conduit and Vault Agreement with Holy Cross Electric Association, Inc., recorded July 11, 1994 in Book 755 at Page 55. 16. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners recorded August 28, 1995 in Book 791 at Page 821 as Resolution No. 95-128 17. Any loss or damage resulting from Civil Action No. 96CV72-3. 18. JAN. 26. 2000 1.:01?M PITKIN COUNTY TITLE NO. 4377 P. 6 .. ADDmONAL INFORMATION AND DISCLOSURES The Owner's Policy to be issued, if any shall contain the following items in addition to the ones set forth above- (1) The Deed of Trust, if any, required under Schedule B-Section 1. (2) Water rights, claims or title to water. (NOTE. THIS EXCEPTION WILL APPEAR ON THE OWNER'S AND MORTGAGE POLICY TO BE ISSUED HEREUNDER) Pursuant to Insurance Regulation 89-2; NOTE: Each title entity shall notify in writing every prospective insured in an owners title insurance policy for a single family residence (including a condominim or townhouse unit) (i) of that title entity's general requirements for the deletion of an exception or exclusion to coverage relating to unfiled mechanics or materialmens liens, except when said coverage or insurance is extended to the insured under the terms of the policy, A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanics' and/or Materialmen's Liens executed by the persons indicated in the attached copy of said affidavit must be furnished to the Company. Upon receipt of these items and any others requirements to be specified by the Company upon request, Pre-printed Item Number 4 may be deleted from the Owner's policy when issued. Please contact the Company for further information. NohNithstanding the foregoing, nothing contained in this Paragraph shall be deemed to impose any requirement upon any title insurer to provide mechanics or materialmens lien coverage. NOTE: If the Company conducts the owners or loan closing under circumstances where it is responsible for the recording or filing of legal documents from said transaction, the Company will be deemed to have provided "Gap Coverage" Pursuant to Senate Bill 91-14 (CRS 10-11-122); (a) The Subject Real Property may be located in a Special Taxing District; (b) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained form the County treasurer of the County Treasurer's Authorized Agent; (c) 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. NOTE A tax Certificate will be ordered from the County Treasurer by the Company and the costs thereof charged to the proposed insured unless written instruction to the contrary are received by the company prior to the issuance of the Title Policy anticipated by this Commitrnent. This commitment is invalid unless Schedule B-Section 2 the Insuring Provisions and Schedules Commitment No. PCT14910 A and B are attached. t il, 1 i 'g; 1 1 i i :/1 i 1 1 4 /1/ - 1/3 f rE) 7 1,1 1, 1 0/99, 2 --f, C L / :tl 1/ 1 7/ \ / ,1 1 i 1 '' I\ii 1 /324 fri 1 ~ 1 \ V li i #1 ~ - 1-3193\\ i~~ ~ ---~ ~ < ~r--7- 7 i i 1--.ot~ 1 f 32~215 li l/f \ i i \ 0\ u (231 ; 1 fl(Ol),t\4 1, 1.64 i pÂ·.brb -1 t' 12--- i /1,0. r-226~60 /1 /i LÂ»4 ---4 li th- i 1 J la f N '763,/ 41 \4493// 1/#l 4'------77 - 1 P .4 'ip / // . A ----J 39Â«43,//1 1Â« - i i 7 N>.* 1 1 11 1 \ C / /1 1 i * 1 1! 1 i I ti J 1 1 t---% i 7%= JAN. 26. 2000 1:00PM PITKIN COUNTY TITLE NO. 4377 P. 2 .. SCHEDULE B - SECTION 1 REQUIREMENTS The following are the requirements to be complied with. ITEM (a) Payment to or for the account of the grantor's or mortgagors of the full consideration for the estate or interest to be insured- ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record to-wit: 1. Release by the Public Trustee of the, Deed of Trust from . GERALD D HOSIER to the Public Trustee of the County of Pitkin for the use of 2 ALP[NE BANK- ASPEN BRANCH original amount $ 1,500,000.00 dated : July 12, 1997 recorded July 18,1997 reception no. : 406450 Modification Agreement changing various terms of the Deed of Trust above was recorded April 7, 1998 as Reception No. 415369 Modification Agreement changing various terms of the Deed of Trust above was recorded March 3, 1999 as Receptkn No. 428358. Modification Agreement changing various terms of the Deed of Trust above was recorded September 24 1999 as Reception No 435858- 2. Release by the Public Trustee of the, Deed of Trust from - GERALD D. HOSIER to the Public Trustee of the County of Pitkin for the use of : ALPINE BANK - ASPEN BRANCH original amount $ 100,000.00 dated : July 14, 1998 recorded : July 23, 1998 reception no 419752 Modification Agreement changing various terms of the Deed of Trust above was recorded September 24, 1999 as Reception No. 435856. 3. Release by the Public Trustee of the, Deed of Trust from : GERALD D. HOSIER to the Public Trustee of the County of Pitkin for the use of : ALPINE BANK - ASPEN BRANCH original amount $ 200,000.00 dated - September 10, 1998 recorded : October 5,1998 reception no. : 422802 (Con~nued) JAN, 26. 2000 1 :00 PM PITKIN COUNTY TITLE NO. 4377 P. 3 .. SCHEDULE B - SECTION 1 REQUIREMENTS - Continued Modification Agreement changing various terms of the Deed of Trust above was recorded March 3, 1999 as Reception No. 428360. Modification Agreement changing various terms of the Deed of Trust above was recorded September 24, 1999 as Reception No 435857 4. Deed from . GERALD D. HOSIER To . MOLLIE ZWIEG 5. Duly acknowledged certificate of the authorized Managing Agent or Board of Directors of Maroon Creek Club certifying that there are no assessments for common expenses which remain unpaid or otherwise constitute a lien on the subject property- 6. Certificate of nonforeign status executed by the transferor(s). (This instrument is not required to be recorded) 7. Completion of Form DR 1079 regarding the witholding of Colorado Tax on the sale by certain persons, corporations and firms selling Real Property in the State of Colorado. (This instrument is not required to be recorded) 8 Evidence satisfactory to the Company that the Declaration of Sale, Notice to County Assessor as required by H.B. 1288 has been complied with. (This instrument is not required to be recorded, but must be delivered to and retained by the Assessors Office in the County in which the property is situated) ~ JAN-28-2000 FRI 02:40 PM FAX NO. P. 01 .. CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Chris Bendon, 920.5072 DATE: 1.25,00 PROJECT: Maroon Creek Club Lot #10 PUD Amendment #1 REPRESENTATIVE: Michael Figenbaum. 920-1700 OWNER: TYPE OF APPLICATION: Insubstantial PUD Amendment DESCRIPTION: Amendment to building envelope with no changes to setbacks, Land Use Code Section(s) 26.84.080 Planned Unit Development Amendments Review by: Staff, Referral agencies, Director Public I learing: No. Referral Agencies: Engineering, Planning Fees: Planning Deposit Minor ($4Â·80) Referral Agency Fees: Engineering, Minor ($170), Total Deposit: $650(additional hours are billed at a rate of $195/hour) To apply, submit the following information: 1. Proof of ownership. ,-2. Signed fue agreement. 3. Applicant's name; address and telephone number in a letter signed by the applicant which states the name. address and telephone number of the representative authorized to act on behalf of the applicant. 4. Street address and legal description of the parcel on which development is proposed to occut-, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names ofall owners ofthe property, and all mortgages, judgments, liens, casements, contracts and agreements affecting the parccl, and demonstrating the owner's right to apply for the Development Application. 5. Total deposit for review of the application 6. 2 Copies ofthe complete application packet and maps. I WC = 12; PZ = 10; GMC = PZ+5; CC = 7: Referral Agencies = 1/ea,; Planning Staff= 1 7. An 8 1 /2" by 11" vicinity map locating the parcel within the Cily of Aspen. 8. Affidavit from surveyor of error. 9. Site improvement survey including topography and vegetation showing the current status, including all easements and vacated rights of way, ofthe parcel certified by a registered land surveyor, licensed in ihc state of Colorado. (This requirement, or any part thereof, may be waived by the Community Development Department if the project is determined not to warrant a survey docuinent.) Draft plat, 10. Additional materials as required by the specific review. Please refer to the application packet for specific submittal requirements or to the code sections noted above. 11. A wrillen description ofthe proposal and an explanation in written, graphic, or model form of how the proposed development complies with tile review standards relevant to the development application. Please include existing conditions as well as proposed. 12. Copies of prior approvals (Copy of approved plat map for Lot 10) Disclaimer: rhe foregoing summary is advisory iii nature only and <5 nOI binding on the City. Tile summary is based on current zoning, which is subject to change in the future. and upon factual representations that may or may not bc accurate. The summary does not create a legal or vested right. Post-itÂ® Fax Note 7671 Date # or . 17Â°*Uc.kgo/ Aise.,Â§2(~P-3- 30,4, 1Co./Dept. CO. 1--20 A miwillillill/_~ MAROON CREEK CLUB LOT 10 INSUBSTANTIAL P.U.D. AMENDMENT 0 20 40 OF LOT 10, MAROON CREEK CLUB, cs shoin on the Final Subdivision Plot & PUD OWNERS CERTIFICATE for Maroon Creek Club, recorded November 15, 1993 in Plat Book 33 at Page 4, CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO KNOW ALL PERSONS BY THESE PRESENTS THAT GERALD D. HOSIER BEING THE RECORD OWNER OF LOT 10, MAROON CREEK CLUB, IN THE CITY OF ASPEN PITKIN 1:OUNTY COLORADO AS DESCRIBED PLAT BOOK 33 AT PAGE 4 THE RECORDS OF THE CLERK AND RECORDER OF THE COUNTY OF CONTAINING 38,071 SO. FT. â€¢/ HEREON DO HEREBY CERTIFY THAT THIS PLAT AMENDS ~OT 10 MAROON CREEK CLUB, CITY OF ASPEN, PITKIN, STATE OF COLORADO. GEARLD D HOS I ER, OWNER STATE OF COLORADO ) ) 85 COUNTY OF PITKIN ) THE FOREGOING OWNERS CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS - DAY OF , 2000, BY GERALD D. HOSIER, OWNER. NOTARY PUBLIC --- 1 9 SURVEYORS CERTIFICATE \\ 1, JOHN HOWORTH HEREBY CERTIFY THAT A SURVEY WAS PERFORMED UNDER MY 1 AND DIMENSIONS OF THE BOUNDARY LINES, UTILITIES, IMPROVEMENTS AND DIRECTION AND SUPERVISION OF THE HEREON DESCRIBED PROPERTY ,. THE LOCATION EASEMENTS SHOWN ON COMMITMENT FOR TITLE INSURANCE PREPARED BY PITKIN ~ PK NAIL COUNTY TITLE, INC., CASE NO. PCT 14910, DATED: JANUARY 31 2000 ARE 42.02 WITH COLORADO REVISED STATUES 1973, TITLE 38, ARTICLES 33.3 AND 51. SURVEY ACCURATELY SHOWN ON THIS PLAT. THIS SURVEY WAS PERFORMED IN A~CORDANCE -63 PRECISION IS GREATER THAN 1:10,000. 2 20 20 JOHN HOWORTH, C.P.L.S, 25947 24303 4.0 $2 =<r j 4 2 1 TITLE CERTIFICATE / THE UNDERSIGNED A DULY AUTHORIZED REPRESENTATIVE OF P[TKIN COUNTY TITLE, INC. 1 1 CERTIFY THAT HE PERSONS LISTED AS OWNERS ON THIS PLAT DO HOLD SIMPLE TITLE TO REGULARLY DOING BUSINESS IN PITKIN COUNTY, COLORADO, DOES HEREBY I e THE WITHIN REAL PROPERTY, FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES ~~ EXCEPT THOSE LISTED ON THE OWNERS CERTIFICATE ALTHOUGH WE BELIEVE THE - - - FACTS STATED ON THIS PLAT ARE TRUE THIS CERTIFICATE IS NOT TO BE CONSTRUED AS / 1 S. MEADOW T AN ABSTRACT OF TITLE , NOR AN OPIN~ON OF TITLE NOR A GUARANTEE OF TITLE, AND IT IS UNDERSTOOD AND AGREED THAT PITKIN COUNTY TITLE, INC., NEITHER ASSUMES NOR WILL BE CHARGED WITH ANY FINANCIAL OBLIGATION OR LIABILITY WHATSOEVER 4 91.49 ANE ON ANY STATEMENT CONTAINED HEREIN. PRINT*140 00 6 PITKIN COUNTY TITLE, INC. - Ur /.4 / r f GRA~1EKNNTD S 89Â°08 49-E 57.96 ASPEN, COLORADO 81611 Â© SET 25947 SIGNED: BY' STATE OF COLORADO ) 0 - LEGEND AND NOTES COUNTY OF PITKIN ) M THE FOREGOING TITLE CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS - DAY OF 4 1 4 2 , , BY REPRESENTATIVE OF PITKIN O FOUND OR SET SURVEY MONUMENT AS DESCRIBED 7 COUNTY TITLE COMPANY. BEARINGS BASED ON 1918 G.L 0. BRASS CAPS IN PLACE FOR THE WEST 1/4 DRIVE CORNER AND THE SOUTHWEST CORNER OF SECTION 11, TOWNSHIP 10 SOUTH; NOTARY PUBLIC RANGE 85 WEST, OF THE 6th PRINCIPAL MERIDIAN. N 00Â°33 02-W 2683.01 232321S FROM PERMIT SET PREPARED BY LS 24303 F ROOF Ki------- ~~ * T141 S PLAT AMENDMENT WAS APPROVED BY THE MAROON CREECK CLUB MASTER 6 SURVEY CONTROL HOMEOWNERS APPROVAL Â® WATER VALVE THIS - DAY OF , 2000. O UTILITY 33 9 1 PA NAIL ~ , PRESIDENT Â© POSTED ADDRESS -15- - - ~~~ - MAROON CREEK CLUB MASTERS TITLE INFORMATION FURNISHED BY: Pt TKIN COUNTY TITLE, INC , CASE NO. PCT 14910 CITY ENGINEERS APPROVAL N #0 DATEDÂ· JANUARY 3, 2000 - 1 7.0 8.8 M ~ ~ ~ THIS PLAT AMENDMENT WAS APPROVED BY THE CITY OF ASPEN DEPARTMENT OF 9- e ENGINEERING THIS - DAY OF , 2000. WINDOW WELL 0'AT 10 A N p - - MANHOLE 00 \ S % 11~ 1~ CITY ENGINEER SIGN 12.0 11 5 \ 0 GRATE - HOUSE PK NAIL 1 COMMUNITY DEVELOPMENT DIRECTOR APPROVAL . . H SNOW ON GROUND AT TrME OF SURVEY 1/00 0 1 1 12.0 11 5 DIRECTOR OF THE CITY OF ASPEN COLORADO THIS - DAY OF , 2000. REVISED ENVELOPE IS EQUAL IN AREA TO PERMIT ENVELOPE 5% 9 1 1 THIS PLAT AMENDMENT MAP WAS APPROVED BY THE COMMUNITY DEVELOPMENT f ~ ~ " < ~'\~ ~~~~ PURSUANT TO OF THE MUNICIPAL CODE OF THE CITY OF ASPEN. A 4 PATIO WW - 9 4 4 - DIRECTOR 0 44#9 ~ DECK k--1 ~ \1~1 -el - 0 - 25 2 0 1107 6 90 w ~ 10 ~~ - ~ ~ THIS PLAT AMENDMENT WAS ACCEPTED FOR FILING THE OFFICE OF THE CLERK AND CLERK AND RECORDERS CERTIFICATE 11 10 7 RECORDER OF THE COUNTY OF PITKIN STATE OF COLORADO, AT .OCLOCK, _,M. THIS 4\12 21 _-~ ~ __ DAY oF , 2000, ANd RECORDED IN PLAT BOOK - AT PAGE - AS RECEPTION NUMBER CLERK AND RECORDER -30 3-1 \ m- VICINITY MAP \~ ~ Z en W & 0 FENCE ~ K 1,1 ENCROACHES A 1 2 W \ 1 4 6 re&1.0 Gic,Jn,8 5 30 f /1 4,\A ~.~ f?\.. 1 1 f ~ n.-1 ...1 j hil $ 11. ..... r ..:., 5 3 LOT 10 CP e. 1.,r/9/: \13 1.., 7 .#&.k SITE \ :~..'//1 ' ';tj,ti'. .'(11(/,/ -'+.0 1 1 \ 1 Il 4 ..\8// 0 MA 11',.0 / i 14 : 1:9 fi I'l~h- ''~SUrn, -~ . ~ <~;IGulch' 0 < i/'.1 ) 9-- -\.1 1,1Â»(f Â«02Â». 1 '21.Â·"Ii,%. / p ,Â·Â· ". PK NAIL PREPARED BY - 24303 N 89Â°48.20.W 105.25 1-1 1/f / ''/.f,filef...-3 1 4 4.4. Â·le /f,L#,2~4:4.A 'F ASPEN SURVEY ENGINEERS, INC. 210 SOUTH GALENA STREET ASPEN, COLORADO 81611 NOTICE: ACCORDING TO COLORADO LAN YOU MUST CO-ENCE ANY LEGAL 5 11~ ~ PHONE/FAX {970) 925-3816 12IERY8OSttRSTDI MIVER'~iSCHDEFE~ .PI NTNO | E~~~TT~~EANYA::T ION BASED UPON ANY DEFECT IN THIS PLAT BE COMMENCED MORE THAN TEN YEARS PROM THE DATE OF THF CERTIFI.ATION $HOWN 116#EON. THF ~ DATE JOB CERTIFICAf,ON IS VOID I. wr WET SI-At-,ED WITH THE SEAâ€¢. OF THE ~ 1/00 290271 -i~!12...../........./.........&8' .+e* 6Â« 1- U to 901/l Wil*Wa*IT--2 -11Â·.m--mÂ·--Ir..r-.r- .777---7. , 'n T Â· â€¢''i 1--20 A .wi,i,miiiaai,- 6 f ..:..i. Â¢.u.5 0 20 40 LEGE:ND AND NOTES '1Â· O FOUND OR SET SURVEY MONUMENT AS DESCRIBED ' - i BEAR.I NGS BASED ON 1918 G.L.0. BRASS CAPS IN PLACE FOR THE WEST 1/4 H 1 CORNER AND THE SOUTHWEST CORNER OF SECTION 11, TOWNSHIP to SOUTH RANGE 85 WEST, OF THE 6th PRINCIPAL MERIDIAN. N 00Â°33-02-W 26'83.61 AS PLATTED, FIELD MEASURED 2682.97 a SURVEY CONTROL BUILDING AND DEVELOPMENT ENVELOPE FROM PERMIT SET PREPARD BY LS 24303 e WATER VALVE UTILITY POSTED ADDESS -15- TITLE INFORMATION FURNISHED BY: PITKIN COUNTY TITLE, INC. CASE NO. PCT 14910 DATED: JANUARY 3, 2000 WW WINDOW WELL MANHOLE 9 SIGN GRATE Â»0 SNOW ON GROUND AT TIME OF SURVEY 1/00 ~ PK NAIL 32 .65 ./ 5 20. 20 24303 3 - - 4,0 1 , 4.3 13% 'S. â‚¬ / 1 N - le\ 1/ S. MEADOW T 1 91.49 444 I a , 972 00 S 89Â°08 49-E 57.96' 3010 ~ ~" SET 25947 Orit / TY 45,18686/VT 47 ~ L ND . -1 â‚¬Ch + M . r DRIVE - tri' g 7--- ---------] 0 VI \ ROOF 0 33.9 0 PK NAIL ~ 0, 1 2. N .2 1- o , r., - 17.0 -18 PATIO C 9 too\ % \ 11 5 \ I 12.0 , ... 2': 9 : PK NAIL \ HOUSE 3 k 2. h. 9 1 12.0 A L l 1 Lr G 4. i - THE UNDERSIGNED STATES THAT CERTIFICATION | DECK ~~ ~ FIELD SURVEYED DURING 2000 AND IS ACCURATE 1 ; BASED ON THE FIELD EVIDENCE AS SHOWN AND ~'HAT THERE ARE NO . 0 J,YT PROPERTY DESCRIBED HEREON WAS DISCREPANCIES OF RECORD BOUNDARY L 11<IE CONFL ICTS, ENCROACHMENTS, \ -m EASEMENTS OR RIGHTS OF WAY INFIÂ·ELD EV IDENCE OR KNOWN TO ME 3 28.2 EXCEPT AS HEREON SHOWN. UNDERGROUND UTILITIES WITH NO ABOVE~ROUND APPURTENANCES, AND DOCUMENTS OF RECORD NOT SUPPL leD TO THE ' '~ ~ f 1 1 10\ 4 lk SURVEYOR ARE EXCEPTED. THIS SURVEY IS VOID UNLESS WET STAMPED WITH THE SEAL OF THE SURVEYOR BELOW. 160. / DATED :~{71~â‚¬Â£) 11 JO.74 %*)Hbtitkh JO, 0 HOWORTH P.L.S. 25947 ~ 00 1 I L-0/ 1 1- d/1 1.1.1 1 - -0 . m - %3 1 11-TA \ FENCE ENCROACHES 52, \ 1 9,4 6 mo - . .. I 5% . LOT 10 93 h. IMPROVEMENT SURVEY .. oF ~ ' ''' i ~ LOT 10, MAROON CREEK CLUB, 05 shown on the Final Sub.division Plat & PUD for Maroon Creek Club, recorded November 15, 1993 in Plot Book 33 ot Poge 4,CITY OF ASPEN, COUNTY OF PITKIN., STATE OF COLORADO . L ..11 21 -F 4 4 - CONTAINING 38,071 SO. FT. Â·/- 24303 N 89Â°48 207 105.25 PK NAIL PREPARED BY ASPEN SURVEY ENGINEERSÂ·, INC.Â· .D \ 210 50UTH GALENA.STREET. '~~ ..~'-'Â·'(~~'jF:- ASPEN, COLORADO 81611 NOTICE: ACCORDING TO COLORADO LAW YOU-MUST COMMENCE ANY LEOAL PHONE/FAX (970) 925-3816 ACT1ON BASED WON ANY DEFECT ON THISÂ· PLAT WITHIN THREE YEARS 5 AFTER YOU FIRST' DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION ~ ~ ~ _ BASED UPON ANY DEFECT IN THI$ FLAT BE COMMENCED MORE THAN TEN DAIE 16* -- -Â· 4 , r . ':4 YEARS FROM THE DATE OF THE CERTIFICATION SHOIN HE~EON. THE 1/00 . 29027H '. CERTIFICATIONÂ· IS VOID i F NOT WET STAMPED WITH THE SEAL oF THE . . ~ ~ SURVEYOR 013AN) ON I Ollne - a013ANa 201 #D 1*t_ Lo ) Â»Â« 0