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Home My WebLink AboutLand Use Case.1400 Vine St.A009-99-/40 01040 59 t.r, PN: 2737-073-66889 Case A009-99 Hiinter Creek Commong Tnsijhgtantinl 13)*--M OED Il (01-1 3-E Scq,~ E~Â« C: le- ~ to<2i ~ 2 Â« p D -01 P f 7 flutrfâ‚¬K Cea< CohIU)9,- BUS OSF EASâ‚¬AW-1- - 1 - CASE STATUS SHEET Case # 400 9 -99 Case Assigned To: M, AA #aa-y Representative's Name: O 0.Â« t-f ~,u-.641: Phone: 7,2 0 - /70 o Fax: Activity: Date Assigned: 44/99 Date Applicant Contacted: Date of Site Visit: Date of Determination of Completeness Date of DRC Meeting: P&Z Date(s): HPC Date(s): Council Date(s): I)ate Action/Activity M. hiÂ· - f i' cv; 2./.40 -9 +4 re J ; JJ - p ek. - J EL'f r f_ Al.Â·-14 - - pie.-e F Art. 1 â‚¬1 -t u.- ..GO I ew-4 7: .-i-1-iN M O--16-f .50 - C 7 1 Kee rt# 0-4.1 A; ca) 4 .3,1 -., cu~ i e...,Â£-,_,f 76 Pe.- A - 41 1 .f J C7/47 6 br,1~-Il. .itf.v< Li.*th>(v /Y):~ A wi je,8-e /k-. u.uh~Â·c.-WÂ£ - - Al 661 h *A ~ A kp J 3 4 - . 44: fe.02*,6 44*r 14 A 0/Reic o,frt, %44 6 -' A- O,4.1240 Â£.- .. PARCEL ID:~2737-073-66889 DATE RCVD: ~2/1/99 # COPIES:~I- CASE NO|A009-99 CASE NAME:~Hunter Creek Commons Insubstantial Amendment PLNR:| PROJ ADDR:~1400 Vine Street CASE TYP:~Insubstantial Amendment STEPS:~ OWN/APP: Hunter Creek Comml ADR~1400 Vine Street C/S/Z:~Aspen, CO 81611 PHN:~925-1060 REP:~Dave Mueller/Oates, Kneze ADR:~533 E. Hopkins C/SiZ)Aspen, CO 81611 PHN1920-1700 FEES DUE:~400 (d) + 160 Ce) FEES RCVD~560 STAT: E- REFERRALS~ REFI BY| - DUE:| MTG DATE REV BODY PH NOTICED 1 - DATE OF FINAL ACTION:~ CITY COUNCIL:|~ REMARKS~ pz.: BOA: CLOSED:| BY: ~ DRAC:] PLAT SUBMITD: | PLAT (BK.PG):| ADMIN1 .. CASE NUMBER A009-99 PARCEL ID # 2737-073-66889 CASE NAME Hunter Creek Commons Insubstantial Amendment PROJECT ADDRESS 1400 Vine Street PLANNER Julie Ann Woods CASE TYPE Insubstantial Amendment OWNER/APPLICANT Hunter Creek Commons REPRESENTATIVE Dave Mueller/Oates, Knezevich... DATE OF FINAL ACTION CITY COUNCIL ACTION withdrawn PZ ACTION ADMIN ACTION BOA ACTION DATE CLOSED 12/20/04 BY D Driscoll .. Analysis of Approval Requirements and Restrictions Hunter Creek Parcel Southeast of Lone Pine Road Prepared for City of Aspen Parks Department 15 May 1999 Methodology The Hunter Creek Condominium project began in the early 1970's as the Silver King Condominiums. It was annexed into the City of Aspen on 23 January 1989 with rezoning completed by Ordinance 26, Series of 1989, executed on 14 June 1989. Because of the jurisdictions involved, research was done at the Pitkin County Clerk's Office for filed plats and approval documents, at the Aspen City Clerk's office for ordinances and resolutions relating to the property, and at the Aspen/Pitkin Community Development Department office for records relating to both original county approvals and more recent city approvals. The County Clerk's office contains many filings with respect to revisions of the condominium documents over the years. A selective review of these documents was performed when it appeared that the documents were relevant to the question of the status of the parcel south of Lone Pine Road. While the review was extensive, the documents are quite numerous and it is possible that some provision relating to this parcel may have been overlooked. Nonetheless, it is believed that the nature of any development encumbrances on this parcel are adequately covered by this report. Key Documents The following documents were found to be of key significance in establishing the conditions and intent applicable to the subject parcel: 1. An 1973 draft agreement between Top of Aspen, Inc. as developer of the parcel and the Board of County Commissioners for rezoning of the parcel for condominium development. In exchange for the proposed rezoning of the entire property to AR-2, the developer agrees to a number of conditions including the following provision identified in Paragraph 2(e): (e) To designate as open space those portions of the rezoned area which will be shown in the general development plan as areas excluded from the condominium complex and the directly related recreation areas. [Attached as Exhibit A. Source: Pitkin County Community Development files] Analysis of Approval Requi~ts and Restrictions ~~ Hunter Creek Parcel Southeast of Lone Pine Road Prepared for City of Aspen Parks Department 15 May 1999 Page 2 2. A filed plan titled "Access Easement Map Silver King Apartments," dated 9 August 1973, showing the access easements for roadways within the project and providing an easement for Lone Pine Road. The subject parcel is shown as being within the "Phases I and II Boundary." No specific restrictions are shown for the subject parcel. [Attached as Exhibit B. Source: County Clerks Office Filings] 3. An April 1974 draft Pitkin County Planning and Zoning Commission Resolution, Top of Aspen, Silver king Parking Lot Development containing conditions for the landscaping and development of the parking areas. The relevant condition is found in Condition #3: Vehicle parking shall be terminated in the area south west across Lone Pine Road from Phase II buildings, and the area shall be landscaped according to a plan submitted and approved by the Planning and Zoning Commission. No record was found of the filing of this document. [Attached as Exhibit C. Source: Pitkin County Community Development files] 4. A plan entitled "Exemption Map: Aspen Valley LIospital Property...with Proposed New Parking for Silver King Apartments," dated 22 April 1974. The plan has a notation in red for the subject property: "Area to be blocked off to cars, covered with 4 to 6 inches topsoil and seeded to grass. Existing trees to remain undisturbed." No record was found of the filing of this document. [Attached as Exhibit D. Source: Pitkin County Community Development files] 5. Documents filed on 7 November 1983 providing a grant of easement from Silverking Investments, Ltd. To Pitkin County for the purpose of establishing a bus stop within the subject property. Neither the filed easement grant nor the accompanying filed plan show any further restrictions with respect to the subject property. Analysis of Approval Requ~nts and Restrictions .//97 Hunter Creek Parcel Southeast of Lone Pine Road Prepared for City of Aspen Parks Department 15 May 1999 Page 3 [Plan attached as Exhibit E; Easement Grant attached as Exhibit F. Sources: Pitkin County Clerks Office filings] 6. Additionally, I reviewed the annexation ordinance and rezoning ordinances of 1989, available at the City Clerk's office. These documents provide for the annexation of the entire Hunter Creek parcel, along with other parcels, into the City of Aspen. The subsequent ordinance provides for the rezoning of the Hunter Creek parcel to the RMF/A zone district. Neither document makes any reference to open space restrictions for the subject parcel. Current Request for an Amendment to the Bus Stop Easement On 14 January 1999, an application was filed by the Hunter Creek Commons Corporation to vacate the existing bus easement and provide a relocated easement. The application was filed as an "Insubstantial PUD Amendment." This amendment could be approved by the Community Development Director if it is determined that there are no significant land use impacts resulting from the change. No specific reason is given for proposing the amendment by the applicant. It is apparent, however, that the revised easement would create a larger contiguous parcel within the subject area. Dimensional information is not provided with the application, but the proposed contiguous area would contain approximately 15,000 s.f. of land. The land use code provides a minimum lot size of 6,000 s. f. for a detached residential dwelling in this zone district. Permission for additional development on this site would require an amendment to the Hunter Creek Development Plan reviewed by both the Planning & Zoning Commission and City Council. Development would also require GMQS allocations or exemptions. A referral letter from Michael J. Davis, RFTA Director of Planning, opposes the revised bus stop easement, citing the need for more space than that provided by the revised easement. A draft memorandum from the City Engineering Department recommends that the application be returned "since it does not adequately depict the site and does not demonstrate a reasonable plan of how this new easement would maintain/improve the bus stop facility." As of this date, no determination has been made by the Community Development Director with respect to this application. The application is attached as Exhibit G. Conclusion Evidence was found that it was the intention of the Board of County Commissioners and the County Planning & Zoning Commission that the parcel southeast of Lone Pine Road should be landscaped with the retention of existing trees and the prohibition of parking. Subsequently, the Analysis of Approval Requ~ts and Restrictions , Hunter Creek Parcel Southeast of Lone Pine Road Prepared for City of Aspen Parks Department 15 May 1999 Page 4 easement was established for a bus stop. No evidence was found suggesting that these boards contemplated any eventual development for this parcel. It was intended to be available as open space and as a bus stop facility. However, it should also be noted that no documents were found which specifically prohibited any application for further development of this parcel nor were any documents found which rezoned the parcel as Open Space or for any other public use. On balance, it is believed that the subject parcel is not restricted to open space by any specific zoning activity or by conditions memorialized in plat notes. Ilowever, other approval activities clearly contemplate that this parcel was not intended to be developed and was intended to remain as landscaped open space, with the exception of facilities relating to the bus stop easement. It is unlikely that additional approvals would be granted for development on the subject parcel. .. \U_BOARING FORK TRANSIT AGENCY O ASPEN, COLORADO February 15, 1999 Mitch Haas Community Development Department 130 South Galena Street Aspen, Colorado 81611 Dear Mr. Haas: Thank you for the opportunity to review the Hunter Creek Condos insubstantial PUD amendment to change a recorded easement. The Roaring Fork Transit Agency (RFTA) opposes the revised bus stop easement. The revision does not allow RFTA to build a bus pull-out, construct adequate passenger amenities, and meet American with Disabilities Act (ADA) requirements. A bus pull-out is planned at this location because there is not enough room on the roadway shoulder for a bus to pull clear of the travel lane to load or unload passengers safely. This situation will be complicated when a new reverse Hunter Creek route is implemented. With this new route, traffic could be stopped in both directions at the same time at this location. The reverse Hunter Creek route is currently planned and funded but is not running because of the shortage of drivers. 1 have attached bus pull-out criteria, for your information, which would be slightly modified at this location to fit the appropriate characteristics of the service and the site. if you have any questions, please give me a cali. Sincerely 441 09- /21 /1 Michael J. Davig> Director of Planning 51 Service Center Drive Aspen, Colorado 81611 Â· Tel: 970Â·920Â·1905 Fax: 970Â·920Â·2864 0 . 3 3.5 BUS TURNOUT CRITERIA 1 A properly designed bus turnout will provide safe efficient operation. However, poorly pa designed bus turnouts will cause delays to traffic along with unsafe, and inconvenient loading conditions for bus patrons. A bus should be able to leave and re-enter traffic at a rate that is comfortable for the passengers. The bus must be able to pull parallel to the curb and not infringe on the area ~ required for passing auto traffic. Each turnout location should be designed using engineering judgement based upon a review of roadway geometry and traffic flow. As in the case with a bus stop location's, there is no universal rule that can be applied in locating bus turnouts. A field site review should be made of each potential turnout location. Turnouts should be located where there will be frequent breaks in the traffic flow to allow the bus to re-enter safely and promptly. Turnouts should only be considered in areas where there is no existing on street parking, and there is not enough room on the roadway shoulder for a bus to pull clear of the travel lane to load or unload passengers safely. 380' - 150' ~ 80' ~ 150' - %56* 1-1-3 _1611_90,- 0 -2-124 ~6' CONTINUOUS WHITE STRIPE - LOCAL STREET 1 TO 20 MPH ~ (10' TURNOUr LANE) 380' - 150' ~ 80' ~ 150' - ... a. *-f LL=j--Â·3JQ:i-41 -b 15151-- ~6* CONTINUOUS WHITE SrRIPE - MINOR ARTERIAL 20 TO 30 MPH (10' TURNOUT LANE) 440 - 180' ~ BO' ~ 180' - --S.5- 11=J -----15 1515,1-, ~61- CONTINUOUS WHITE STRIPE MAJOR ARTERIAL 30 TO 40 MPH (12' TURNOUT LANE) BUS TURNOUT DIMENSIONS SCALE: N.T.S. 29 EUM, Em ems mim/ ,~ Im' 11 7--- 1 1999 COMMUR, F,Â· 32414Â·, ...c.NT .. LAW OFFICES OF OATES KNEZEVICH & GARDENSWARTZ, P.C. PROFESSIONAL CORPORATION THIRD FLOOR, ASPEN PLAZA BUILDING 533 EAST HOPK]NS AVENUE ASPEN, COLORADO 81611 LEONARD M. OATES TELEPHONE (970) 920-1700 RICHARD A. KNEZEVICH FACSIMILE (970) 920-1121 TED D. GARDENSWARTZ DAVID B. KELLY e-mail ohkg@rof.net February 1, 1999 DAVID B. MUELLER OF COUNSEL: JOHN THOMAS KELLY Ms. Sarah Oates Aspen Community Development Department 130 South Galena St. Aspen, CO 81611-1975 Re: Hunter Creek Commons Corporation; Proposed Insubstantial PUD Amendment Dear Sarah: Enclosed please find the Application Package ("Packet") for Hunter Creek Commons' Condominiums proposed Insubstantial PUD Amendment in accordance with Aspen Land Use Regulations Title 26.84.080. A Pre-Application Conference was held March 17, 1998 with Chris Bendon, at which time the Project was deemed "Insubstantial," planning fees estimated, and the planning fees deposit set at $560.00. This Packet contains Items numbered 1 through 10 as referenced to the Pre-Application Conference, and in compliance with Title 26.52.030-Application and Fee requirements-and pursuant to all required attachments on the "Land Use Application." Accordingly please find enclosed: a. Pre-Application Conference Summary (Copy) b. Land Use Application 1. Proof of Ownership (see Stewart Title O&E dated 12/31/98) 2. Signed Fee Agreement 1 Applicant Letter Designating Authorized Representative 4. Legal Description 5. Deposit ($560.00) 6. Additional copies o f Application Packet 7. & 8. Existing Plat Showing Current RFTA Easement & Proposed RFTA Easement OATES, KNEZEVICH & (~~ENSWARTZ, P.C. Ms. Sarah Oates February 1,1999 Page 2 9. Specific Review Requirements per Land Use Application a. Attachment 3, Minimum Submission Contents b. Attachment 4, Specific Submission Contents c. Attachment 5, Review Standards 10. Written Description of Proposal and Compliance Additionally, four (4) copies of all pertinent documents for committee review. If you have any questions concerning this Application, please contact me. Sincerely, OATES, KNEZEVICH & GARDENSWARTZ, P.C. W'\ - /3 By L/Co,~ Pt> David B. Mueller, Esq. DBM/sae Enc. \\Rakstraks\David\Hunter Creek\26 84 080 Itr.wpd 10/27/98 15:34 2 9709204936 HUNTER CREEK PRO P.02 . 1 . CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Chris Bendon, 920.5072 DATE: 3.17.98 PROJECT: Ak Ct CÂ» PUD Amendment REPRESENTATPE Temp]e Glazier OWNER: A#Qua-Â©eunly==_+UÂ« c.rat- 44'1406 TYPE OF APPLICATION: 0 Step -- Staff Review j DESCRIPTION: Insubstantial PUD amendment to change a recorded easement Land Use Code Section(s) 26.84.080 PUD Amendments Review by: Staff, DRC (referral agencies) Public Hearing: No. lf substantial amendments are requested, then public hearings would be required. Referral Agencies: Engineering, '[34,4 Planning Fees: Planning Dep6sit (4450) Referral Agency Fees: Engineering ininor fee $110 Total Deposit: $560 (additional hours are billed at a rate of $180/hour) < To apply, submit the following information: 1. Proof ofownership. 2. Signed fee agreement. 3, Applicam #'name, address and telephone number in a letter signed by the applicant which statedthe nanie, address and telephone number of the representative authorized to act on behalfofthe applicantl 4. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current cellificate from a title ilism-ance coinpally, or attorney licensed to practice in the State of Colorado, listing the names ofall 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. 5. Total deposit for review of the application 6. 4_ Copies of the complete application packet and maps. HPC = 12; PZ = 10; GMC = PZ+5; CC = 7; Referral Agencies = 1/ea.; Planning Staff = 2 7, Existit#Nat showing current easement. R. Draft plat as proposed showing proposed easement. 9, Additional materials as required by ihe specific review. Please refer to the application packet for specific submittal requirements or to the code sections noted above. 10. 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. Please include existing conditions as well as proposed. 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. . A .. LAND USE APPLICATION PROJECT Name HUNTER CREEK COMMONS INSUBSTANTIAL PUD AMENDMENT Location A portion of the Hunter Creek Subdivision "Common Area" which lies west of Lone Pine Road (commonly known as the "Triangle Parcel") containing an existing Bus Stop Easement (recorded at Book 455, Page 109) as shown on the First Amended Subdivision Plat and Development Plan of Hunter Creek Subdivision recorded in Plat Book 15 at Page 53 of the Pitkin County real estate records. (indicate street address, lot & block number and legal description, where appropriate) REPRESENTATIVE Name Oates, Knezevich & Gardenswartz, P.C. (Lenny Oates & David Mueller) Address 533 E. Hopkins Ave., 3,d Fl. Aspen Plaza Bldg., Aspen, CO 81611. Phone No. 920-1700 TYPE OF APPLICATION (Please check all that apply) U Conditional Use O Conceptual PUD 3 Conceptual Historic Devt. O Special Review O Final PUD (& PUD Amendment) U Final Historic Devt. O Design Review Appeal U Conceptual SPA C Minor Historic Devt. O GMQS Allotment 13 Final SPA (& SPA Amendment) U Historic Demolition O GMQS Exemption 3 Subdivision III Historic Designation 3 ESA - 8040 Greenline, O Subdivision Exemption (includes O Small Lodge Stream Margin, Hallam Lake condominiumization) Conversion/Expansion Bluff, Mountain View Plane O Lot Split O Temporary Use i Other: INSUBSTANTIAL PUD AMENDMENT EXISTING CONDITIONS (description of existing buildings, uses, previous approvals, etc.) A portion of land designated as a "Common Area" contiguous to the Hunter Creek Subdivision commonly known as the "Triangle Parcel," which lies to the west of Lone Pine Road, containing an existing Bus Stop Easement (recorded at Book 455, Page 109) as shown on the First Amended Subdivision Plat and Development Plan of Hunter Creek Subdivision recorded in Plat Book 15 at Page 53 of the Pitkin County real estate records; See attached Exhibit A-Subdivision Plat Book 15 at Page 53 showing the "Triangle Parcel" (and proposed revised easement); and Exhibit B-Legal Description of Existing Easement. PROPOSAL (description of proposed buildings, uses, modifications, etc.) A revised Bus Stop easement located wholly within the Triangle Parcel as depicted on Exhibit A attached hereto and more fully described in Exhibit C, attached hereto. Have you attached the following? YES Fees Due: $ 560.00 / Pr e-Application Conference Summary I Attachment # 1, Signed Fee Agreement NA Response to Attachment #2, Dimensional Requirements Form 1 Response to Attachment #3, Minimum Submission Contents I Response to Attachment #4, Specific Submission Contents 1 Response to Attachment #5, Review Standards for Your Application \\Raks\raks\David\Hunter Creek\Land Use App.wpd *23~fm. 1.1 .. ATTACHMENTS LAND USE APPLICATION HUNTER CREEK COMMONS CORPORATION: PROPOSED INSUBSTANTIAL PUD AMENDMENT I. PROOF OF OWNERSHIP n:rell NO.647 P.3/4 STEWART TITLE OF ASPEN~ INC. OWNERSHIP AND ENCUMBRAN E REPORT Order No.: 00025759 PREPARED FOR: HUNTER CREEK MANAGEMmrr STEWART TITLE OF ASPEN, INC. HEREBY CERTIFIES froma search ofthe books in this ojice thattitle to: See Attached Legal Deacription 1 - situated in the County of Pitkin, State of Colorado, appears to be vested in the name of: HUNTER CREEK COMMONS CORPORATION and that the above described property appears to be subject to the following liens: 1. NONE EXCEPT any and all taxes and assessments. EXCEPT al.1 easements, rights of way, restrictions and reservations of record, This report does not reflect any of the following matters: (1) Bankruptcies which, from date ofadjudication ofthe most recent bankruptcies, antedate the report by more than fourteen (14) years. (2) Suits and judgments which, Aom date of entry, antedate the report by more than seven (7) years or until the governing statue of limitations has expired, whichever is the longer period. (3) Unpaid tax Liens which, f>-om date of payment, antedate the report by more than seven years. Although we believe th.e facts stated are true, this letter is not to be construed as an abstract of title, nor an opinion oftitte, nor a guaranty of titte, and it is understood and agreed thar Stewart Title of Aspen, Inc., Mither assumes, nor witt be charged with any financial obligation or liabili) whatever on any statement contained herein. Dated: December 31, 1998 at 7:30 A.M. , at Aspen, Colorado STEWART TrrLE OF ASPEN, INC. By.Â· 71./49:=~ Authonfzee'Nignature 4 .. JAN. 20.1999 12:01PM STEWART TI LLE AEPEN NO.647 P.4/4 SCHEDULE A Order Number: 00025759 LEGAL DESCRIPTION Beginning at a point whence a 1954 Brass Cap fomarly marked as Center Section 7, Township 10 South, Range 84 West, of the 6th P.M., now marked US,p.M." and lying North 67Â°20'34" Wast, 2.36 feet fran a 1978 Brass Cap marked as Center Secticn 7, bears North 64Â°05'21" East, 1,086.00 feet; thenoe North 7.40 feet; thence South 64'04'00" East, 237.76 feet; thence 111.98 feet along the arc of a Curve to the right having o radius of 256.76 feet and whose chord bears South 51'34'23" East, 111.09 feet; thance South 00' 40' 00" West, 24.84 feet; thence North 89Â°20'00" West, 181.86 .feet; thence North 17p31'30" West, 147.88 feet; therte North 57Â°28'00" West, 87.99 feet to the Point of Beginning. COUNTY OF PITKIN, STATE OF COLORADO 0 0 ATTACHMENTS LAND USE APPLICATION HUNTER CREEK COMMONS CORPORATION: PROPOSED INSUBSTANTIAL PUD AMENDMENT II. SIGNED FEE AGREEMENT ASPENTFITKIN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Applications Fees (Please Print Clearly) CITY OF ASPEN (hereinafter CITY) and Hunter Creek Commons Corporation (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for Hunter Creek Commons Triangle Parc YAereinafter. THE PROJECT). Insubstantial PUD Amendment 1 APPLICANT understands and agrees that City of Aspen Ordinance No. 43 ( Series of 1996) 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. i. APPLICANT and CITY agree that because of the size. nature or scope of the proposed project, it is not possible at this time to ascertain the full extent o f the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties to allow APPLICANT to make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees he will be benefited by retaining great 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 APPLICANTS 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 approval, 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 inthe amount of $ 560.00 which is for 30 * hours of Planning staff time, 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 * $450.00 Planning; $110.00 Engineering processing. ** at a rate of $180.00 / hour CITY OF ASPEN APPLICANT d j Signature: . f 1,,1/24 -/ 11,*1447- I-, ~Ilie Ann Woods I)ate: 1 ~ / 9% 01<1 Printed Name: 2 /5(.'t Â£ 1,&,.(670/9 Community Development Mailing Address: h u itrÂ« C t'r r k Â·..,/,1/ne/75 6(v'~0 Acting Director Illon l/: 41â‚¬ 5 iT/f' 1~ City of Aspen /15pe/9 / r.-1 'llu,/I 0 . ATTACHMENTS LAND USE APPLICATION HUNTER CREEK COMMONS CORPORATION: PROPOSED INSUBSTANTIAL PUD AMENDMENT III. APPLICANT LETTER 0 0 Oates, Knezevich & Gardenswartz, P.C. Third Floor, Aspen Plaza Building 533 East Hopkins Avenue Aspen CO 81611 January 20, 1999 RE: Hunter Creek Commons Insubstantial PUD Amendment to "Triangle Parcel" Dear Mr. Mueller, As Agent for the Hunter Creek Commons Board of Governors please act as our representative in addressing Community Development for the Hunter Creek Commons Insubstantial PUD Amendment to "Triangle Parcel". I have attached all the requested paperwork and a check for $560. Thank you for representing us on this matter. Sincerely, 3<ZO(l ~ tllt-toft,- Lisa Thurston As Agent for Hunter Creek Commons Board of Governors Hunter Creek Â· 1400 Vine Street Â· Aspen, Colorado 81611 â€¢ 970/925-1060 .. ATTACHMENTS LAND USE APPLICATION HUNTER CREEK COMMONS CORPORATION: PROPOSED INSUBSTANTIAL PUD AMENDMENT IV. TITLE COMMITMENT 4 JAN.20.1999 12:01PM SCEWART TITLE ASPEN 190.647 P SCHEDULE A Order Number 00025759 LEGAL DESCRIPTION Beginning at a point whence a 1954 Brass Cap formerly marked as Center Section 7, Township 10 South, Range 84 West, of the 6th P.M., now marked l'S.P.M." and lying North 67Â°20'3411 West, 2.36 feet fran a 1978 Brass Cap marked as Center Section 7, hearn North 64Â°05'21" East, 1,086.00 feet; thenoe North 7.40 feet; t:herÂ©e South 64'04'00" East, 237.76 feet; thence 111.98 feet along the arc of a Curve to the right having a radius of 256.76 feet and whose chord bears South 51Â°34'23" East, 111.09 feat; trence South 009 40'00" West, 24.84 feet; therce North 89Â©20'00" West, 181.86 feet; thera North 17'31'30" West, 147.88 feet; tharte North 57'28'00" West, 87.99 feet to the Point of Beginning. COUNTY OF PITKIN, STATE OF COLORADO ~% 6 40 1 ' . tic .. ATTACHMENTS LAND USE APPLICATION HUNTER CREEK COMMONS CORPORATION: PROPOSED INSUBSTANTIAL PUD AMENDMENT V. DEPOSIT .. ATTACHMENTS LAND USE APPLICATION HUNTER CREEK COMMONS CORPORATION: PROPOSED INSUBSTANTIAL PUD AMENDMENT VI. (4) COPIES tspen- Sqeet Map ~ Park U 0 0 -9 U U â‚¬1 Aspen Street Gu _ Aine Ct, Pk... .................... 11 4 -, Ajax Av............................., ,- 14 1 IA' Aspen Alta Vista Dr.......... ...... Alice In. 1 1 <33\8 Ardmore Ct, Dr... ......... 2% <;32---4644 2/.t ~53, 1~4 '1 - East Aspen /Ups Pl........... . Aspen St. %\ C 434:41 0-- 9\4---4 144 , Bay St. ON Barnard Park Ct .. ........... i\\ %9 02\ 1% 4, Â»lea x 0* a Te -peâ€ž 453\ ~<3*zlE--J - --Â·<.---~reck 9 b< Â£25 1 U Â· - -- - Bennett Bench Ct Pl Rd. rÂ«t /9-1 ~ i ( / P 40 464â€¢ 4<>k_.-23t~~4~3Â«le i , Bleeker St............ ...... ~ ~ B'ack Birch Dr. 3//j<=V 8/ '49,493Â»\ tMountain viewor'y.â‚¬111\ 11 \ 490':%4,6Â«~=-/12Â«1 -1. 4 1 E. Bleeker St ..... 1 Bluebonnet Tr LA--Att 0 95 )4\ . ~-ppit \ v*446 -2 \? t.tf~ ~~.3 Not all roa,6 ma, be shown or named on map Castle Creek Or... Brown Ln. . 0/ \ SnowÂ·Bunny Ct j Bunny Ln.......... ............... f.f or listed in strect pide. Some roadj may be Castle Creek Rd.... 14-24:X Of / g> SES/9 L - Hunter 0 - i s priva# propojea. or under Inmurrion. Centennial Cirpâ€ž,~,~. ~-- To Airport, Basalt /.2- ~~ Hunt ~ Institute < ~IBco, . 121 /\ 4 ~-~~~A :4~. f - .- 4~ Cottonwood Cir.._... 1: Cleveland St -Mr 5 fkÂ» -7 /#48 / - Cooper Av............ I i -\,511 - 8 1, Music V j ' 1 ik .../- i,# /,d /0 EL'% \\ c 5 2 Tent \~: F~o~od Db.ckÂ£4 '~â‚¬ <51 - \ Cottonwood Ln. 7,3 < Crystal Lake Rd. i oil-1 .2 - Dale S . .9 11* i fÂ·Piliesple st \ 1821 am .1.-al= ...... . â€ž / . 1 -.3, r. .' 2,1 \- N Hallam + '7 / Â»- h~E ~ ~ke .1 0,6. , Dean St.................. . '=:2-Â·Â·-'7:8'Â·. -$ '~2~\ 4 0 \ 1 ,*co Â· 1 v #-- Doolittle Cir. Dr. C . - vIne St ,~ 1 Draw Dr.. ........Â·Â·Â· 6-9- d. W - . \ 1Â£ --Â·-vine SA , DurantAI..... ............... .-. A . 12 yÂ«j -43 U A -----r qu-Â»-9 Â· 4.--~4% 74-11 r Eastwood Dr...................... .â€¢' I Francis St... 9 0-, .Â·'I -1 5 in / -O \ k. , 'PO . *% 1 4 'b ; - e fc Â£ 1 .&14 Garmisch St. \ 4 D- 0 ve. qh; Â·S u 0 4 Free Silver Ct... Fred Ln......... francistÂ· 4,20/00:t<0 -F-/ 1 Gilbert St. te}t -f ' . C 'p. Av . Galena St. 4/' 1:' \ ~ Maroon Creek Rd - ' i Â»-m~.drir-- - 19 \-_ - ; Gibson Av...... , N \'1 , 1 4 , 1 HZ? . Sayst V -U *Po f High N i \31:3 3,94- 1,: 1 9,44*4-_-9 -/ 1% 1<TP -1 I ----: f"*52%2 13/* ,/ 1 0 r-/ 4 1 2 School W & 1 Imt& , Grove St. L-2 ' ,-6 Gillespie St ........................ -Â»Â«.0./ s.i ''fT--Â·t~ -494~ --3.tst %,1 -J ~-7- )53~~~#3~JM3dif / 46 - \.1 B /& \ 0 7 2/ : 4 - Hallam St.... ........ : I-' ..:- 8/2 -9 1 4 9, 2,; v:xb.*,o f. . 44257-i-Â·'' V. t. 45Â·29/en *-.4 2 Heather Ln. f - e' - Stj %. , ' .~ 4'- . 3 01-4 -8 , M/d?2251,/ 1 1 ff.|G' 1f#' ~ 1 6921 ; f --h~~~--2 egeg;*,Mascohe J e Herron Hollow 3 To Maroon Lake Holden Dr. E Smugglef Grv 1 ' prt,nros e~a~ fq~~~~,~~~D~~/~6 .) 910 -X# e..> el 36-*-2 9-24 1 f ~-~~D~~i - 12 *' Â¢ (1 Homestake Dr / 9&â‚¬ A.%%:-4.-3 -7-6 f Hopkins Av..~~A- D /9Â«6/Â«1 Aspen JÂ»tem-244:i-Â·:Ni 1 2-2--{0 (bs9'"~*I664*tdF~1~lgRCd Hunter St......'~ -\00- *Â·<L--~j V,Câ€¢rÂ· Hyman Av. t *d Larkspur 0, ; \1\11 est N \>aestri>J / 2 Of .1 2/0 t B O # ' St,9* :f' r O u~ , Juan St............................ 4 k ; :t . 27' <:u GO'*:*.Snal- ' an,24--Â® p.-<23.dle l J,/ ~3 -E V.', 1 Aspen Grove Lacet Ct, Ln................. Summ#:St %444 - King St...........Â·Â·Â·Â·Â·Â·Â·Â·Â·Â·Â·Â·Â·Â·Â·Â·Â·Â·Â· / 159 -3 , \ 4,6 rp~j)~ U L...842 :80\ 4/ Lake Av ............................ C Larkspur Ln....................... ..,07- . j &23;5/i r14-1,t)<7.1 Â»f- pat:Alps m . Cistai Lake Rd Laurel Ln....................... Lone Pine Rd......,.............. APPROXIMATE LOCATION OF"TRIANGLE PARCEL'f - VL \ -= --- ~0-f 41 4 4 Lupine Dr. pute M Magnifico Ad ................ K 1 - Main St............................. St;trwafel ; = i - 1 Al# Maple Ln .......................... 1 3 Marolt Pl......................... Maroon Ct, Dr......._. /1 - ~4.4 -2.82 449\98 , 1 Maroon Ck Rd ................ 1 -- Malchless Dr..........,.......,. Mayflower Cr........ / -- CU -=r McSkimming Rd.. i To Twin Lakes via independence Pas~- Meadow Dr. To Ash,crolt ~~ Meadows Rd. a__ina a a A ai n a a Map Â©US WEST Dex. inc. 1998 3 MapÂ©US WEST Dex, Inc. 1998 k ' 95 0 . ATTACHMENTS LAND USE APPLICATION HUNTER CREEK COMMONS CORPORATION: PROPOSED INSUBSTANTIAL PUD AMENDMENT VII. EXISTING PLAT & VIII. DRAFT PLAT OF PROPOSED EASEMENT 10/27/98 15:34 2 9709204936 HUMICK L.ACCt. , 1% U , I L. .- .. CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY I PLANNER: Chris Bendon, 920.5072 DATE 3.17.98 PROJECT: ~M~* G~ ~*lOS PUD Amendment REPRESENTAT!YN: Temple Glazier OWNER: AÂ»*~RÂ«z..60* CS&>a-&04 TYPE OF APPLICATION: 0 Step -- Staff Review $ DESCRIPTION: Insubstantial PUD amendment to cliatige a record~fasement Land Use Code Section(s) 26.84.080 PUD Amendments Review by: Staff, DRC (referral agencies) Public Hearing: No. 1 f substantial amendments are requested, then public hearings would be required. Referral Agencies: Engineering, 134* Planning Fees: Planning Deposit ($450) Referral Agency Fees: Engineering minor fee $110 Total Deposit: $560 (additio]lai hollis are billed at a rate of $180/hour) To apply, submit the following information: 1. Proof ofowneiship. 2. Signed fee agreement, 3, Applicalli N'name, address and telephone number in a letter signed by the applicant which statedthe name, address and telephone number of the representative autholized to act on behalf of the applicalltc 4. Street address ancl legal description of the parcel on which development is proposed to occur, congisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names ofall owners of the property, and all inortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 5. Total deposit for review of the application 6. 4_ Copies of the complete application packet anci maps. HPC = 12; PZ = 10; GMC = PZ+5; CC = 7; Referral Agendes = ]/ea,; Planning Staff = 2 7. Existi18Plat showing current easement. 8, Draft plat as proposed showing proposed easement, 9, Additional materials as required by 1lie specific review. Please refer to the application packet for specific submittal requirements or to the code sections noted above. 10. 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. Please include existing conditions as well as proposed. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The stinimary 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. ~ LAND USE APPLICATION PROJECT Name HUNTER CREEK COMMONS INSUBSTANTIAL PUD AMENDMENT Location A portion of the Hunter Creek Subdivision "Common Area" which lies west of Lone Pine Road (commonly known as the "Triangle Parcel") containing an existing Bus Stop Easement (recorded at Book 455, Page 109) as shown on the First Amended Subdivision Plat and Development Plan of Hunter Creek Subdivision recorded in Plat Book 15 at Page 53 of the Pitkin County real estate records. (indicate street address, lot & block number and legal description, where appropriate) REPRESENTATIVE Name Oates, Knezevich & Gardenswartz, P.C. (Lenny Oates & David Mueller) Address 533 E, Hopkins Ave., 3rd Fl. Aspen Plaza Bldg., Aspen, CO 81611. Phone No. 920-1700 TYPE OF APPLICATION (Please check all that apply) O Conditional Use O Conceptual PUD O Conceptual Historic Devt. O Special Review O Final PUD (& PUD Amendment) O Final Historic Devt. O Design Review Appeal O Conceptual SPA O Minor Historic Devt. O GMQS Allotment O Final SPA (& SPA Amendment) O Historic Demolition O GMQS Exemption O Subdivision 3 Historic Designation O ESA - 8040 Greenline, O Subdivision Exemption (includes 1 Small Lodge Stream Margin, I-Iallam Lake condominiumization) Conversion/Expansion Bluff, Mountain View Plane O Lot Split O Temporary Use i Other: INSUBSTANTIAL PUD AMENDMENT EXISTING CONDITIONS (description of existing buildings, uses, previous approvals, etc.) A portion of land designated as a "Common Area" contiguous to the Hunter Creek Subdivision commonly known as the "Triangle Parcel," which lies to the west of Lone Pine Road, containing an existing Bus Stop Easement (recorddd at Book 455, Page 109) as shown on the First Amended Subdivision Plat and Development Plan of Hunter Creek Subdivision recorded in Plat Book 15 at Page 53 of the Pitkin County real estate records; See attached Exhibit A-Subdivision Plat Book 15 at Page 53 showing the "Triangle Parcel" (and proposed revised easement); and Exhibit B-Legal Description of Existing Easement. PROPOSAL (description of proposed buildings, uses, modifications, etc.j A revised Bus Stop easement located wholly within the Triangle Parcel as depicted on Exhibit A attached hereto and more fully described in Exhibit C, attached hereto. Have you attached the following? YES Fees Due: $ 560.00 1 Pre-Application Conference Summary 1 Attachment #1, Signed Fee Agreement NA -<Response to Attachment #2, Dimensional Requirements Form I Response to Attachment #3, Minimum Submission Contents 1 Response to Attachment #4, Specific Submission Contents 1 Response to Attachment #5, Review Standards for Your Application \\Raks\raks\David\Hunter Creek\Land Use App.wpd - - - --- -1 'U. 4011 .1. 1 . ILL rlÂ·24- U i NO.647 P.3/4 S~ART TITLE OF ASPE* INC. ~ OWNERSHIP AND ENCUMBRAN E REPORT Order No.: 00025759 PREPARED FOR: HmiTER CREEK MANAGmENT STEWART TITLE OF ASPEN, INC. HEREBY CERTIFIES from a search of the books in this ofice that title to: See Attached Legal Deacription situated in the County of Pitkin, State of Colorado, appears to be vested in the name of: HUNTER CREEK COMMONS CORPORATION and that the above described property appears to be subject to the following liens: 1. NONE ~ EXCEPT any and all taxes and assessments. EXCEPT all easements, rights of way, restrictions and reservations of record, This report does not reflect any ofthefollowing matters: (1) Bankruptcies which, from date ofadjudication ofthe mostrecent banlouptcies, antedate the repon by morethan fourteen (14) years. (2) Suit# and judgments which, from date of entry, antedate the report by more than seven (7) years or until the governing statue of limitations has expired, whichever is the longer period. (3) Unpaid tax liens which, from date of payment, antedate the report by more than seven years. Although we believe the facts stated are true, this letter is not to be construed as an abstract of title, nor an opinion of titte, nor a guaranty of title, and it is understood and agreed that Stewart Titte of Aspen, Inc., neither assumes, nor wilt be charged with any financial obligation or liability whatever on any statement contained herein. Dated: December 31, 1998 at 7:30 A.M. , at Aspen, Colorado ' STEWART THLE OF ASPEN, INC. *r~ >4Â«-4 Authonâ‚¬etfmgnature .. JAN.20.1999 12:01PM STEWART TITLE ASPEN NO.647 P.4/4 SCHEDULE A Order Numbel 00025759 LEGAL DESCRIPTION , Beginning at a point whence a 1954 Brass Cap formerly marked as Center Section 7, Township 10 South, Range 84 West, of the 6th P.M., now marked "S.P.M. " and lying North 67Â°20'34'1 West, 2.36 feet frall a 1978 Brass Cap marked as Center Section 7, bears North 64Â°05'21" East, 1,086.00 feet; thence North 7.40 feet; theree South 64'04 '001, East, 237.76 feet; thence 111.98 feet along the arc of a curve to the right having a radius of 256.76 feet and whose chord bears Sc~th 51'34'23" East, 111.09 feet; thence South 00' 40'00" West, 24.84 feet; thence North 89Â°20'00" West, 181.86.feet; thellce North 17Â°31'30" West, 147.88 feet; trate North 57Â°28'00" West, 87.99 feet tz) the Point or Beginning. COUNTY OF PITKIN, STATE OF COLORADO ASPEN/~KIN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Applications Fees (Please Print Clearly) CITY OF ASPEN (hereinafter CITY) and Hunter Creek Commons Corporation (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for Hunter Creek Comnions Insubstantial PUD Amendment Triangle Pa-rcYAereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 43 (Series of 1996) 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 of the size, nature or scope o f the proposed project, it is not possible at this time to ascertain the full extent ofthe costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties to allow APPLICANT to make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees he will be benefited by retaining great 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 APPLICANTS 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 approval, 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 inthe amount of $ 560.00 which is for -30 * hours of Planning staff time, and if actual recorded costs exceed the initialÂ· deposit, APPLICANT shall pay additional monthly billings ** to CITY to reimburse the CITY for the processing of the application mentioned above, including tpost approval review. Such periodic payments shall be made within 30 days of the billingdate. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. * $450.00 Planning; $110.00 Engineering ** at a rate of $180.00 / hour CITY OF ASPEN APPLICANT EL"e-,_0,0Â«),-9-Â·-- , -/1 Signature: ...4,Â«L -/ ~1,11fl~ ~Aie Ann Woods Date: 1,1/(.ill<1 Printed Name: 6 Mot 711(2(670/7 Community Development Mailing Address: 1 i ultf r 6(221< Commons Corp Acting Director ~ 900 Vi h â‚¬ 5 tr-9 -r f , City of Aspen /\592/3 /0 %/G/1 Oates, Knezevich & Gardenswartz, P,C. Third Floor, Aspen Plaza Building , 533 East Hopkins Avenue Aspen CO 81611 January 20, 1999 RE: Hunter Creek Commons Insubstantial PUD Amendment to "Triangle Parcel" Dear Mr. Mueller, As Agent for the Hunter Creek Commons Board of Governors, please act as our representative in addressing Community Development for the Hunter Creek Commons Insubstantial PUD Amendment to "Triangle Parcel". I have attached all the requested paperwork and a check for $560. Thank you for representing us on this matter. Sincergly, 41 9 hgoÂ»- - Lisa Thurston Â· As Agent for Hunter Creek Commons Board of Governors Hunter Creek Â· 1400 Vine Street Â· Aspen, Colorado 81611 Â· 970/925-1060 JAN.20.1999 12; O1PM STEWART TITLE ASPEIN INU . 54 r r. 9/ 9 SCIIEDULE A .. Order Number: 00025759 LEGAL DESCRIPTION Beginning at a point whence a 1954 Brass Cap formerly marked as Center Section 7, Township 10 South, Range 84 West, of the 6th P.M., now marked ' "S.P.M. " and lying North 67Â°20'34" West, 2.36 feet frcm a 1978 Brass Cap marked as Centar Section 7, bears North 64Â° 05 ' 21" East, 1,086.00 feet; thence North 7.40 feet; thBrea South 64Â°04'00" rat, 237.76 feet; thence 111.98 feet along the arc of a curve to the right having a radius of 256.76 feet and whose chord bears South 51Â°34'23" East, 111.09 feat; thence South (XiÂ°40'00" West, 24.84 feet; ther,De North 89Â©20'00" West, 181.86 .feet; tj-,er*:s North 17Â°31'30" West, 147.88 feat; Oerte North 57'28'00" Wast, 87.99 feet to the Point of Beol.nrd.rg. COUNTY OF PITKIN, STATE OF COLORADO .. HUNTER CREEK PROPOSED INSUBSTANTIAL PUD AMENDMENT LAND USE APPLICATION See. 9(a)--Attachment 3: Minimum Submission Contents â€¢ Applicant's signed authorization letter (Enclosed at Tab #3 Herein) â€¢ Street Address and Legal Description (Enclosed at Tab #4 Herein) â€¢ Disclosure of Ownership (Enclosed at Tab #1 Herein) 8 14 by 11 Vicinity Map (Enclosed at Tab #9(a) Herein) .. HUNTER CREEK PROPOSED INSUBSTANTIAL PUD AMENDMENT LAND USE APPLICATION See. 9(b)--Attachment 4: Specific Submission Contents Written Description: Existing Conditions: A portion of land designated as a "Common Area" contiguous to the Hunter Creek Subdivision commonly known as the "Triangle Parcel," which lies to the west of Lone Pine Road, containing an existing Bus Stop Easement (recorded at Book 455, Page 109) as shown on the First Amended Subdivision Plat and Development Plan of Hunter Creek Subdivision recorded in Plat Book 15 at Page 53 of the Pitkin County real estate records; See attached Exhibit A-Subdivision Plat Book 15 at Page 53 showing the "Triangle Parcel" (and proposed revised easement); and Exhibit B--Legal Description of Existing Easement. (Exhibits A&B attached at Appendix A). Site Plan Drawings: See attached Exhibit A-Subdivision Plat Book 15 at Page 53 showing the "Triangle Parcel" (and proposed revised easement) (attached at Appendix A). Previous Development Approvals affecting property: 1. Dedication of Hunter Creek Subdivision "Common Areas" including the "Triangle Parcel" west of Lone Pine Road as described in the Deed recorded in Book 461 at Page 154 of the Pitkin County real estate records; and as shown on the Subdivision Plat and Development Plat of Hunter Creek Subdivision recorded in Plat Book 16 at page 84 ofthe Pitkin County real estate records. 2. Dedication of existing Bus Stop Easement (recorded at Book 455, Page 109) as shown on the First Amended Subdivision Plat and Development Plan of Hunter Creek Subdivision recorded in Plat Book 15 at Page 53 of the Pitkin County real estate records. Copy of Recorded Documents affecting proposal: Plat Book 15 at Page 53 COPY with "red-lined" overlay of"REVISED BUS STOP EASEMENT." â€¢ See "Attachment 5" at Sec. 9(c). .. HUNTER CREEK PROPOSED INSUBSTANTIAL PUD AMENDMENT LAND USE APPLICATION Sec. 9(c)--Attachment 5: Review Standards 1. A revised Bus Stop easement located wholly within the "Triangle Parcel" as depicted on Exhibit A attached hereto and more fully described in Exhibit C, attached hereto. 2, Not applicable. No increase in structures. 3. Not applicable. No substantial change in RFTA rider-ship anticipated from altering existing RFTA easement. 4. Not applicable. No reduction in Open Space. 5. Not applicable. No reduction in parking space. 6. Not applicable. No reduction in streets or easements. 7. Not applicable. 8. Not applicable. 9. Not applicable. ' .. HUNTER CREEK PROPOSED INSUBSTANTIAL PUD AMENDMENT LAND USE APPLICATION Sec 10 EXISTING CONDITIONS (description of existing buildings, uses, previous approvals, etc.j A portion of land designated as a "Common Area" contiguous to the Hunter Creek Subdivision commonly known as the "Triangle Parcel," which lies to the west of Lone Pine Road. containing an existing Bus Stop Easement (recorded at Book 455, Page 109) as shown on the First Amended Subdivision Plat and Development Plan of Hunter Creek Subdivision recorded in Plat Book 15 at Page 53 of the Pitkin County real estate records; See attached Exhibit A-Subdivision Plat Book 15 at Page 53 showing the "Triangle Parcel" (and proposed revised easement); and Exhibit B-Legal Description of Existing Easement. PROPOSAL (description of proposed buildings, uses, modifications, etc.j A revised Bus Stop easement located wholly within the Triangle Parcel as depicted on Exhibit A attacl-ted hereto and more fully described in Exhibit C, attached hereto. COMPLIANCE WITH INSUBSTANTIAL PUD AMENDMENT STANDARDS TITLE 26.84.080 1. No change in the Use or Character of Triangle Parcel: merely a modification of the location of a revised Bus Stop easement from the current easement both of which are located wholly within the "Triangle Parcel." For a graphic depiction of the revised easement see Exhibit A attached hereto. 2. Not applicable. No increase in structures. 3. Not applicable. No substantial change in RFTA rider-ship anticipated from altering existing RFTA easement. 4. Not applicable. No reduction in Open Space. 5. Not applicable. No reduction iii parking space. 6. Not applicable. No reduction in streets or easements. 7. Not applicable. 8. Not applicable. 9. -Not applicable. .. ATTACHMENTS LAND USE APPLICATION HUNTER CREEK COMMONS CORPORATION: PROPOSED INSUBSTANTIAL PUD AMENDMENT IX. SPECIFIC REVIEW REQUIREMENTS A. Attachment 3 B. Attachment 4 C. Attachment 5 10/27/98 15:39 2 9709204936 HUNTER CREEK PRO P.07 .. e ATTACHMENT 3 MINIMUM SUBMISSION CONTENTS Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 2. The street address and legal description of the parcel on which development is proposed to occur. 3. A disclosure of ownership of the parcel on which development is proposed to occur. consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners ofthe property, and all mortgajes, judgments, liens, easements, contracts and agreements affecting the parcel, a..2 demonstrating the owner's right to apply for the Development Application. 4. An 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen. A s~provenien~slifdy including top-BEa#Ify and vegetation~*dwing the current 5. ~latus of the RNeel certified by a r~.stefed land surveyor, 1*nfed in the Statiw>/ Colorado *This requirement, 9.any part thereof, maÂ©p,Â®aived by the (@prfflunity De,14;~ent Departmenp.fihe project is deterinityl'not to warranyâ€¢Â§6rvey docujpentl' .. HUNTER CREEK PROPOSED INSUBSTANTIAL PUD AMENDMENT LAND USE APPLICATION Sec. 9(a)--Attachment 3: Minimum Submission Contents I Applicant's signed authorization letter (Enclosed at Tab #3 Herein) I Street Address and Legal Description (Enclosed at Tab #4 Herein) â€¢ Disclosure of Ownership (Enclosed at Tab #1 Herein) 8 h by 11 Vicinity Map (Enclosed at Tab #9(a) Herein) Aspen Skeet Map *u u u - V U UG Aspen Street Gui . Aine Ct, Pk. /g Aspen Atice Ln . Ajax Av... i il j .Â»a i Alta Vista Dr. %Â»Â«4 Aspen St. Â».9'ty F,LfiM 4*4) East ~_./--1.x. Aspen Alps PI .... Ardmore Ct, Dr 1 . .1 0 - 1 1 0. 1\ \ 606-nt C %--8 MAR--1 I-- I 9...1. -%1*<-- ..9 Barnard Park Ct . -Â· 6 "294- .4\\ h .1\k r< Bay St. / 0 4-Â«474 \Lf 91 1 <7#957 044-~- ~,2: ~~Â· 44.4.}-1 , . 0â‚¬ 5 le .- _------- t.Â« Bennett Bench Ct, Pl Rd. 46'os Rd ----- h 9 ~Â·Â·Â·=--r---Fleek ~ Bleeker St ~~<~~~4440~~~ue# ~~ ~~,~-~~~~,~~:$~~7.Vi Rd ~ , ~~~ 1 '-~ Black Birch Dr. fÂ« -11*O. \ 9 '. E. Bleeker St... // 08,424>.4.. fMountain View Dr i b *- t k- h\ 4 Â»/X....22*d ,Â·4 Rd ~ - , 0 1 4--Sqpw - 2 Bluebonnet Tr. /44451 - C Brown Ln.. If-n 040\ i *~ 4> v /5 / Not all roads may be sbown or named on map Castle Creek Dr.. -0/ \ SnowÂ·Bunny Ct j '' Bunny Ln. & LiftÂ« ---930Â« i-- 31 -? st-A V 4 - OB ./0* .: or listed in street guide. Some roads may be Castle Creek Rd . * To Airport, Basaft Â°4 10 41 b. ..f/~AE__~436 \ 9 2 4-unter'80 X f private, proposed, or under construction. Centennial CirdlA 1 Aspen \ -/- - Â¢35- Circuit Av ...... Chatfield Rd.~ Lii-OR; U i )/ 1; MIVI'89 j .7~, f:i (21,Â«*: ?b Institute - --- 1.5 < Cleveland St. 31 11 ' h R r~-~~f ao.rjr'.4 :Â· /_-__u.9 ~ Cooper Av........... 4:: - Cottonwood Cir. - ~ h Cottorwood Ln . Tent ~ ~wood Duck Â£0 \3<. i : c. _ 4 Crystal Lake Rd.. 82' ,-2-i~~~ -: *4~I~ ~ fl||~-i ( Gillespie bt . 9 640 . i Hal\Â·am ...1 ~; ~0/- 11_*: ~ \4 Dale St. I'.-Il-*.U. -l . - Dean St............. -4 , -- '4 --- 1 1 Ped,/ 64 j *e t.?f .....t- 1-- - ' ' Â· vine st 4 Doolittle Cir, Dr. 1, Golf Course ; Draw Dr... je/4.4 1& ect ---Â·-- 1, il ---~Oine SA - */ 99Â«>4 V .Â·0 ---1,240,7 Eastwood Dr....... 964 '1/ 6,1,7 1 /3 0 Fred Ln. Francis St .. Free Silver Ct.. P \\ 1 .-4.25/ 2/ Â»Â·-ya,4 .Â« 1 X i ~ . â‚¬3,44: 22 22Â«Â»Â©311 Galena St...... -Â» -155*\ "N &4 fri:cist" Â©*t â‚¬ 21 2 *g- Â· . Garmisch St . 67 f dr. i =4, : ./ I. ~ Maroon Creek Rd 4 / 7-~##4* ,4* \4-eadihAI, i ) Gibson Av. ....... t Gilbert St . j High 1 1 /49 , Francisif 1 School 3 Grove St.... 4--3 Â¢/ <2~-?26- 4 < m Gillespie St. 01 Â£/2 le :f E '3) . 'Â·a Â·c:i? /. ' f.-Â»mre-14> i ~ '~~44. _-. ~~: Hallam St. : 2 ...29182.7211/40Â» .GAG Heather Ln ...... 4: Herron Hollow. Holden Dr. .. ~ Tb Maroon Lake 22 f 4 2 ~ 9 f 1- 4<1442+5425 J - 494 T f 4Â»-2372Â®9,~tre e ~ 'rÂ·639 o.1-#~4 3Â»00 Ntt>y mi i r --9-V-Litg 7%4& Â¢ Â¥(\r'nrose Patht 46 <--t (1 Homestake Dr - --4 j_ -4 15>L Hopkins Av . ~ D /924.4 - 7 Hunter St........W~ Hunter Creek Rd... â‚¬00 -68<1_-~ e:~Q~_f ; 1 Aspen ~2-2Â»Â©Ort * CH - 6-1-- 1 .~ j - st 0,1.Gr Ft ': ..., Hyman Av. *0,0 Larkspur Â£â€ž ~0& ~~ ~ 4,1,12+Jay i. 4.9 '~' El ity /â‚¬(4?U./ . i Juan St 1 1 r*X/Ar d. e Â£ s 11 "%.,â€ž'........ - King St............ 1.2 1% West / Summit St 50/Ps PI ; \ L,r- r 1 94<60,2/'i Aspen Grove - Lacet Ct, Ln . .... S f Lake Av....... 1 1 ':-- 'N'.17 195 -' 0. : 47 3Â¤ Westlfiew ~ 2 .â‚¬ Larkspur Ln... 1 / U N> Dr<: t, ~4 APPROXIMATE LOCATION OF"TRIANGLE PARCEL' s -[*L. - ~0 pI )-#ati#.- f *zÂ£z-of ~ 63% rt 4 Laurel Ln......... ........ 0 7.h Â·. Â©'* Or '' 0 Lone Pine Rd.. Lupine Dr. \Ute m h> . - co ' Magnifico Rd . 3 j 1 - A . \ -fÂ«StaiLake /7,1 26 Main St... C // 7% ti Maple L.n .. Marolt Pl. Maroon Ct, Dr.. .............. Maroon Cked Mascotte Ln... i Cell - Matchless Dr. '40- Mayflower Ct... i 424 --1 McSkimming Ad.. To Twin Lakes via independence Pa20- Meadow Dr A a a li n a a Meadows Rd Map Â©US WEST Dex, inc. 1998 - Map Â©US WEST Dex, Inc. 1998 k JeanÂ¤ ;3,1!S ~f - 1 10/27/98 15:40 2 9709204936 HUNTER CREEK PRO P.08 .. ATTACHMENT 4 Specific Submission Contents Insubstantial Amendment To Approved PUD By Planning Director The request for Planning Director approval of an insubstantial amendment shall contain the following items: 1. A written description of the existing conditions oil the properly which are requested to be altered via.the amendment. 2. Such site plan drawings or elevations as may be necessary to adequately evaluate the proposed amendment. 3. A listing of all previous development approvals granted to the property, with the approximate dates of said approvals. 4. A copy of any recorded document which affects the proposed development, including but not limited to recorded plats, agreements and deed restrictions. If changes are proposed to said recorded documents, these should be "red-lined" onto a copy of the original document. 5. Written responses to the review criteria for an insubstantial amendment. (attachment #5) . -2 .. HUNTER CREEK PROPOSED INSUBSTANTIAL PUD AMENDMENT LAND USE APPLICATION Sec. 9(c)--Attachment 5: Review Standards 1. A revised Bus Stop easement located wholly within the "Triangle Parcel" as depicted on Exhibit A attached hereto and more fully described in Exhibit C, attached hereto. 2. Not applicable. No increase in structures. 3. Not applicable. No substantial change in RFTA rider-ship anticipated from altering existing RFTA easement. 4. Not applicable. No reduction in Open Space. 5. Not applicable. No reduction in parking space. 6. Not applicable. No reduction in streets or easements. 7. Not applicable. 8. Not applicable. 9. Not applicable. .. ATTACHMENTS LAND USE APPLICATION HUNTER CREEK COMMONS CORPORATION: PROPOSED INSUBSTANTIAL PUD AMENDMENT X. DESCRIPTION OF PROPOSAL & COMPLIANCE 2 COMMON OPEN AREA --~ / / 4<9 1 1 1 1 ll r 01~ f 4 ~ 1954 BRASS CAP. o EZZZJ Â»ffÂ» 1 1 rTT~~ 0 0 !72771 1 1 Y l// )-r77TrrT-f //l/k -/ 66./.47/ 06>/ 394? LONE PINE ROAD f 7--ga Ift \111 BE / U.111~~|~|~|111< 1,2/ 6' 04/ / --4.1.4 5 W 4. 1/9/ .66 842.57'- 1/2 Oy ../064 004 tt)/k \ _~,B .0 / 152.55 / --7 90 ~ / 1 28Â» -~-J, . 402 0 / / S STQE EASEMENT '0 *' /' ~KNÂ».PAGEU>9- /4 3-NX \ / / <04Â¢ / - .k /2 / / KEVIÂ©ED DLJO Â©TOr EAÂ©E1\451\11- 4 - 4 49 0 \ / e fgbilj Â°i_ ~:cp, 'ib 11'. NG 57,2.%2:3.1, 28 10 \ OK]Glh]AL BUS) t 4 Â©TOF EADEIVIC MT DE11\16 VACATED \ Ve. 0 \ i NeÂ®40 5. 4 \ e \ 1 -0 \\ % \ \ BOARD OF COUNTY COMMISSIONERS \ \ APPROVAL AND DEDICATION \\ \ \\ THIS SUBDIVISION PLAT AND DEVELOPMENT PLAN OF HUNTER CREEK COVDOMINIUMS i f HAS BEEN REVIEWED AND AFF,Â©VED Br THE Pi-TKiN ODUNTY' BOARD OF OOMMISSION- ERS nits__25_4___._DAY ovAR fâ‚¬-M@Eâ‚¬_, \583. 1- 4 25>/ 10/27/98 15:41 2 9709204936 HUNTER CREEK PRO P.09 0 0 + ATTACHMENT 6 Review Standards Amendment to an Approved Planned Unit Development (PUD) A development application to amend an approved PUD shall comply with the following standards and requii@ments, Please respond to each of the review criteria. 1. A change in the use or character ofthe development. 2. An increase by greater than three (3) percent in the overall coverage of structures on the land. 3. Any amendment that substantially increases trip generation rates ofthe proposed development, or the demand for public facilities. 4. A reduction by greater than three (3) percent of the approved open space. 5. A reduction by greater than one (1) percent o f the off-street parking and loading space. 6. A reduction in required pavement widths or rights-of-way for streets and easements. 7. An increase of greater than two (2) percent in the approved gross leasable floor area of commercial buildings. 8. An increase by greater than one (1) percent in the approved residential density of the development, 9. Any change which is inconsistent with a condition or representation of the project's original approtal er which requires granting a further variation from the project's approved use or dimensional requirements. -2 .. HUNTER CREEK PROPOSED INSUBSTANTIAL PUD AMENDMENT LAND USE APPLICATION See 10 EXISTING CONDITIONS (description of existing buildings, uses, previous approvals, etc.) A portion of land designated as a "Common Area" contiguous to the Hunter Creek Subdivision commonly known as the "Triangle Parcel," which lies to the west of Lone Pine Road, containing an existing Bus Stop Easement (recorded at Book 455, Page 109) as shown on the First Amended Subdivision Plat and Development Plan of Hunter Creek Subdivision recorded in Plat Book 15 at Page 53 of the Pitkin County real estate records; See attached Exhibit A-Subdivision Plat Book 15 at Page 53 showing the "Triangle Parcel" (and proposed revised easement); and Exhibit B-Legal Description of Existing Easement. PROPOSAL (description of proposed buildings, uses, modifications, etc.) A revised Bus Stop easement located wholly within the Triangle Parcel as depicted on Exhibit A attached hereto and more fully described in Exhibit C, attached hereto. COMPLIANCE WITH INSUBSTANTIAL PUD AMENDMENT STANDARDS TITLE 26.84.080 1. No change in the Use or Character of Triangle Parcel: merely a modification of the location of a revised Bus Stop easement from the current easement both o f which are located wholly within the "Triangle Parcel." For a graphic depiction of the revised easement see Exhibit A attached hereto. 2. Not applicable. No increase in structures. 3. Not applicable. No substantial change in RFTA rider-ship anticipated from altering existing RFTA easement. 4. Not applicable. No reduction in Open Space. 5. Not applicable. No reduction in parking space. 6. Not applicable. No reduction in streets or easements. 7. Not applicable. 8. Not applicable. 9. Not applicable. .. APPENDIX LAND USE APPLICATION HUNTER CREEK COMMONS CORPORATION: PROPOSED INSUBSTANTIAL PUD AMENDMENT EXHIBIT A .. HUNTER CREEK PROPOSED INSUBSTANTIAL PUD AMENDMENT LAND USE APPLICATION See. 9(b)--Attachment 4: Specific Submission Contents â€¢ Written Description: Existing Conditions: A portion of land designated as a "Common Area" contiguous to the Hunter Creek Subdivision commonly known as the "Triangle Parcel," which lies to the west of Lone Pine Road, containing an existing Bus Stop Easement (recorded at Book 455, Page 109) as shown on the First Amended Subdivision Plat and Development Plan of Hunter Creek Subdivision recorded in Plat Book 15 at Page 53 of the Pitkin County real estate records; See attached Exhibit A-Subdivision Plat Book 15 at Page 53 showing the "Triangle Parcel" (anci proposed revised easement); and Exhibit B-Legal Description of Existing Easement. (Exhibits A&B attached at Appendix A). Site Plan Drawings: See attached Exhibit A-Subdivision Plat Book 15 at Page 53 showing the "Triangle Parcel" (and proposed revised easement) (attached at Appendix A). â€¢ Previous Development Approvals affecting property: 1. Dedication of Hunter Creek Subdivision "Common Areas" including the "Triangle Parcel" west of Lone Pine Road as described in the Deed recorded in Book 461 at Page 154 of the Pitkin County real estate records; and as shown on the Subdivision Plat and Development Plat of Hunter Creek Subdivision recorded in Plat Book 16 at page 84 0 f the Pitkin County real estate records. 2. Dedication of existing Bus Stop Easement (recorded at Book 455, Page 109) as shown on the First Amended Subdivision Plat and Development Plan of Hunter Creek Subdivision recorded in Plat Book 15 at Page 53 of the Pitkin County real estate records. I Copy of Recorded Documents affecting proposal: Plat Book 15 at Page 53 COPY with "red-lined" overlay o f"REVISED BUS STOP EASEMENT." I See "Attachment 5" at Sec. 9(c). 7 li\UIczzESâ‚¬*' 7 1 1 1 X~-gIE~-T~k COMMON OPEN AREA .*- 1 -- -- - -------- - ---lfiNIaeLLWA---- 1 14 - -- --- 1 1 . '9.. -4 1 i lar- 0 n LZ-Lz-~ ~ ~**~~x 1 jB 1954 BRASS câ€¢,p. 1 011 n 0 0771 AfflÂ©ll 211> 1 \/9 1 1 -L--t 05<,. '47' 4\\\\\\\ \10 % <4*h,4\ ---- - \09.- 0*,4;0 1 ----Â« ~ 9. e/49 LONE PINE ROAD % - 29' _ Â« .211 lili-> --0-IL 295/ // 41-- 9364 0(34 tj/*- 0 - ...3,/202-39 --4 0 0..:di-- 842.57% - 0.-0 N.,>, V dy- / 152.55 / / N spas \ / 28Â» / S STQE EASEMENT ~ / ~, \ I / <O OKHS.-PAGEJ.OR- \// /2 0 4/Â¢ A / 120> KEVEDED IDUÂ© 5-FOF EADE- 1Â«151\|7 4 4 4 / 0- 1-0 + 10 %. kg 57.mmJ 44 0 10 OftlÂ©]NAL E<..23) 6% 4 \ 6 Â©TOr EADE-MENT IDE I NG VACATED 4,699 25 <'ox. 4 \ 1 0 <A \ NesÂ·eÂ° 5- 4 0 1*\ .O \ 0--\\ \N ..\ i i -- - - - 1 BOARD OF COUNT-Y COMMISSIONERS \ \ APPROVAL AND DEDICATION \\ \ \\ \\ THIS SUBDIVISION PLAT AND DEVELOPMENT PLAN GF HUNTER CREEK CONDOMINIUMS .lb \ HAS BEEN REVUE-'NED AND APPROVED mr THE PITKIN 02>UNTY EM)ARD OFE 03MMISSION- ~~0 ERS TWIS _.22.4-____DAN' oF.228[*NEâ‚¬--, 1583. \1 15 41 15/1 -- 740 Mqu/~FIMP APPENDIX LAND USE APPLICATION HUNTER CREEK COMMONS CORPORATION: PROPOSED INSUBSTANTIAL PUD AMENDMENT EXHIBIT B \ A , / \ It.tf..\\ , EXHIBIT ~.Ii" f.. I , 1- 4. -4:4. r * 92.' -1. ' 3-4 4.VIAME I ey '1. ..3*0-- .49/71.*r 3 10.- 7-* 52 1Â» , 2 m 455 m*109 2 85 re .1 j f i ..: cn A 32 2 2 6% 9 1 EASEMENT GRANT W. P <84: , THIS AGREEMENT loade this 72 .1 day of Septeinber, 1983, :-,0. . by and between Silverking Invest,nents, Ltd. . a Colorado lirnited . partn,rihip, being the fee owner of the property described hereinafter on the one hand ("silverking"), and r.ounty of Pi,pin on the other hand {â€¢County'l. 11'W' WHEREAS, Silverking is seized of an .tate in fee fÂ« si:nple of a parcel dencribed in Exhibit â€¢Aâ€¢ hereto and delineated 4 on the final plat for the Hunter Crr.ek Condoininiums ('Subdivision') as approved byÂ· the County of Pitkin; and e- 1 i WHEREAS, County desires to locate a bus stop on the ! property dascribed in Exhibit "A"; and Â·Â· 4,?2 Â· WHEREAS, Silverking has agreed in consideration of the Â·t'bF mutual covenants hereinafter set forth and other good and .4./ v$. valuable consideration, the receipt of which is hereby t,ft acknowledged. to grant to the County, a r,on-exclusive easement or 433 1% !1. rig].t-of-way for the purposes, and upon the conditions and in the t.-. i ~"t . manner hereinafter expressed; and ./- i i'â€¢ 'r# tly WHEREAS, pursuant to a Consent and Stipulation in the litigation known as Kuhne v. Pitkin County, Civil Action No. Vity/ 82cv415, in the District Court of Pitkir County, in which 0-3 -, 48*11. Silverking is a plaintiff and County ia a defendant, Silverking ; is required to grant this easement, and . 1~ :~0; 0 ' ,~ :Al obligations contained in the aforementioned Consent and NOW, THERZFORE, in consideration of t'he rights and 1 Stipulation filed in the District Court of Pitkin County, and 4.4 -Â·Aa *i other valuable consideration, the parties agree as follows: -.'.2Â» Aer:, '41-a 9/1 I I a.. . 17.~... t-, WITNESST.TH 4.(4 2% L 4 . . -Af a2 - Stlverking agreeE to grant to the County full and free t b ' Â·N ' 1. 04 j.0 access to the property described in Exhibit "A' for the sole . purpose of a bus stop including an area consisting of a bus 4 h . ~Â¥10f ..Lt,0 turnoff, buâ€¢Â· stop sign, and a palsinger shelter. Such grant ' .Â¥'90% shall be non-transferable except to duly constituted public tran:portation entities. Nxi 24- TS 924. S= <f79,1. Maintenance. The County will assume and agree to â‚¬-1 pay th* cost of maintenance of the bus stop and all i/provernentm thereon in a good condition. tr. 1 1 4 29 I2. Reservation of Use to Silverking. Silverking, how,ver, reserves unto itself, its auccess/rs and assigns, the j 2Â¥1 , . t 2*21 4 ..... '. 4,31 }lit *hut 9149 L~ 1 1 . S Â· 7.3 - 4 - pitilll~e 7~171 f'~cm *4."all @se -3 .. i N . 1 13* V '11'AP ...,till'\ t t r b . t 1 + . 1 'j<'*Ii'Al 1, .." 1 , U " . t.. Fir< ..p--4 1. & .a-im Litt Â·Â·P. r -- 1 ./.49, I /*40 BooK 455 pATE110 41- 1 9,4 1 privilege r ~ -tilizing the bus stop and the property described In , STATE Exhibit 'A' for access to other property Silverking owns for any future development thereof. COUNT1 1 1 3. Covenant Running with the Land. For so long as the nt same shall bi in effect, the rights and obligations provided for day " herein shall be a burden and benefit to the property herein . Count, #' described. However, should the County or other public transportation entity abandon the use of the easement for a bus '' j stop for three (3) consecutive years the County agrees to quit 1 ./,4 t' El <~. r.. ' Etta tralf)Â» ClaiM to Silverking the easement herein granted. . id....% 1 '1/5 4. Indernnification The County shall indemnify P4= .Por '4, :â€ž J Ul r.<'TA,?p *44 Silverking against any loss or damage including reasonable - it A i-~ i M .. .1~7 4-tiea attorney'a fees which ihall be caused by the exercise of the '41'1~ ' rights herein granted or by the wrongful and negligent act or . t.,4.Â·51 1>-, 44Â·42 2/& cynistion of their agents or employees in connection with this +4.11 - .... ....1 372Â·, j ... ' easement in the course of their employ:nent. . 4 Sit.~~NG nIVESTMENTS, LTD.. a tik~ 'f, 4/1. i:.,11. 1 1:1.81*'.41 Co~Fral,6 limit,d pa â€¢iership r 1 3.2. 1 :"-j' 1 /\ if / 94 771,4, By ./-1 &, 7~,-U-3,. ,a â€¢ /l Â·;'i i,AlÂ·'Â· i : :-.1.,h~. Ir ' . ./1 5 Lit ., r . ':....1- 0/Â·El' ~ ~ i .2*#55:: .. T}J~,gcul,r,5 OF 0KINÂ·~ 2Â·Â·'~ "~/QÂ·â‚¬\.. 49 ~ ~14 .;t-f?.I~)~, ~-t ,% .. ~?,f'LI~Â·. /' By 41 ,v~ ' "~i=14.. . 6 >'Â· ~ tig 1 ** r.'39 1 1 - â€¢41 . .7 4 4- 25 win- , Ehr H .1..' STATE OF COLORADO) R.* 1 S 8. * 4 1 COUNTY OF PITKIN ) it Â·â‚¬f ..95'. 19,~i#-1 ./ -U f The foregoing was acknowledged to before me this 25/6.~ . day of September. 1983. by Jay R. Xuhne as General Partner 32-~ ~ Silverking Investments, Ltd., a Colorado limited partnership. , N, . .; . .1. .>.Pt,N. Ctit .';:â‚¬72::* ~::TY:21:,it:al:1:221:3,;:al. ~ % . At ,~Ul! ; P: *ii.Â·%r < 4,Â«â‚¬%'9~6:r--71 . I ./Â·,'1 JaN 15* 5 :3 5/I , ,//M.' / U- 'U. k,0,7,I Afi C.I.'2 J Lit 19: dary Public Address: 601 E. Myman Avenue /*UR am-6 , i f %.b' 07 AvÂ·p' Aspea, CO 81611 '. X 3., ..Ati 004!i 048 ...4 -Z- 4-0 - h. 2/Â·I I .44 â€¢ - 14% ? e 17%2.-r 1.0 - ' '.f '. t. 1 /,A .:lit*i *#ica f, a~~ Â·~ * 14 ;eiw,O g , â‚¬*Â· . %,Afcal ' Py# 091 'h 3 41 I. :'13 S2 r .... I .\' \ Â·Â·.1 \ /- 77:t> 49/ + 229 P Tt~S ~~ + ..#.4: : 2.%19:' A 'i I 'll . 11. I ... I . h W 4 . /, . .6/. 01: 1 1 . ' .... \ .1 I . ; .0 .Â· .Â·~6'.4Â¢3538,lf;3 Itti=4{.~j..41;~i~~A-~. Â· Â· 224*t~~ ~ . 4 -4* ./i IW. r (. A. - = '455 P.111 *f t , 94;,041 BOOK 455 p.112 .. 3/ nowledged to before.- this IF~5Â«- '1412. .,2-256'ahed- -L - the Jr , fficial seal. . -3=:1 ) 0961Â£87*- Fâ€¢A'5~4 3tary bt,Blid ' I *i:Jt DESCRIPTION FOR KtmNE i.abl ddress: 602_ E. Hyman Ave . .7Â¥. . Aspen, CO~81611 148 1 BUS STOP ,=UÂ¥.r. 2,-1,1 A PARCEL OF IAND SITUATED IN THE SOUTHWEST 1/4 OF . ' â‚¬1 202 9.tx' i Â· SECTION 7, POWNSHIP 10 SOUTH, RANGE B 4 WEST OF THE GTH P. M., PITKIN COUNTY, COLOttADO, BEING MORE FULLY DESCRIBED AS FOLLOWS: k:.2.*a BEGINNING AT A POINTâ€¢ IN WHAT IS COMMONLY KNOWN AS ..Ird}GL .ti:Â· LOÂ·91 PINE ROAD WHENCE A 1954 BRASS CAP SET FOR THE 4*MA Â·Â·.4.411Â·tiÂ·~ 7. CENTER 1/4 OF SAID SECTION 7 (NO'i STAMPED IS.P.M.Â») ~ itne :, BEARS N 61'24'00" E 1012.DO FEET; 1 0,-um/, . 4 4.6/9* 1.Â·Apt THENCE S 62â€¢57'00â€¢ E 199.99 FEET; THENCE S 64Â°27'19" W 107.00 FEET; 919 Â¢ i'., 8 .Â· a â€¢'Â·Â¢ TÂ·KENCE N 6297'00" W 70.00 FEET; . . '300.*. ---Â· .4,AR~" THENCE N 10.21'19. W 107.00 FEET TO THE POINT OF -124 '44 â€¢ FG med < q ; - .Â· ,mr-â€¢ .~I~4 ... BEGINNING, CONTAINING 0.263 ACRES, MORE OR LESS. it 4. r m t**54:14%.1 /Â«494.,14.... : 492 Â·'317 / Â· : '' Â·, .- 6.â€¢W 0 :9 44 EXHIBIT Â»A" ...4:/ R.a 4 "43 ,<er,AG.\ r... 3 - .~11.4 -M,~ 01~ \a,0' *Nfr W. ...23" .- 4â‚¬ " I . 4 937'. I # #4 242 .. 2. . 9 4* "b~ - Â« / . .h t / I V ' / i 1. .6 6 ' . I . 1/ Miti.....2~kiC IiI.Â· ...4 :, itÂ· .9./ I 1 ~'(: Â·Â·Â· 1-J '~i.W :~:filt'-i~ittutoc?... ~. 1.:c Â·Â· f -1, < I ' .- 143"Imii"i' rh $ me)%~~ 19 - . - r .. APPENDIX LAND USE APPLICATION HUNTER CREEK COMMONS CORPORATION: PROPOSED INSUBSTANTIAL PUD AMENDMENT EXHIBIT C 0 . Alpine Surveys, Inc. EXHIBIT Post Off ice Box 1730 Aspen, Colorado 81612 970 925 2688 OCTOBER 26, 1998 HUNTER CREEK PROPERTIES DESCRIPTION OF REVISED BUS STOP EASEMENT A BUS STOP EASEMENT SITUATED ON LAND OF HUNTER CREEK CONDOMINIUMS ACCORDING TO THE SUBDIVISION PLAT THEREOF FILED IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO ON NOVEMBER 7, 1983 IN PLAT BOOK 15 AT PAGES 53-58, AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE PROPERTY BOUNDARY OF HUNTER CREEK CONDOMINIUMS WHENCE A U.S. BRASS CAP FORMERLY SET AS THE CENTER QUARTER CORNER OF SECTION 7 AND NOW MARKED S.P.M., TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN, BEARS NORTH 64Â°05'20" EAST 1085.99 FEET; THENCE NORTH 7.40 FEET ALONG SAID PROPERTY BOUNDARY TO THE INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF LONE PINE ROAD; THENCE SOUTH 64'04'00" EAST 152.55 FEET ALONG SAID SOUTH RIGHT-OF-WAY LINE: THENCE SOUTH 25Â°56'00" WEST 82.10 FEET TO THE INTERSECTION WITH THE PROPERTY BOUNDARY OF HUNTER CREEK CONDOMINIUMS; THENCE 17Â°31'30" WEST 90.00 FEET ALONG SAID BOUNDARY; THENCE NORTH 57'28'00" WEST 87.99 FEET TO THE POINT OF BEGINNING. ~92 11 4 . A .. KaE 10 1154 81552 If)91+ BRASS CAP 13 CD 4 1 1 90 Â·4/ l Ad < 4 *\S. leg' 2,6/1 81Â·00 D.it F\.940* 5 - CERTIFICA~ON OF DEDICATION AND B OWNERSHIP Im I M '46 - - / BOOK 257 . COMPANY, A COLORADO CORPOR.KDON BEING THE OWNERS OF CEKTAIN LANDS IN A COLORADO LIMITED PARTNERSHIP AND WESTERN SLOPE DEVELOPMENT *P .0 1 /4 0: \ KNOW ALL MEN Ef THESE PRESENTS THAT SILVERKING INVESTMENTS UMITED, or.D - -- 491 -4.4 1 SGi4NE 401Â·26 MORE OR. LESS; HAVE BY THESE PRESENTS LAID OUT. PLATTED AND SUBDIVIDED PITKIN COUNTY, COLORADO, AS SMOWN HEKEON CONTAHÂ·41NG IGÂ· 287 ACRES + THE SAME. 4 ~ ~ ~ "RUBEY" AfCESS EASEMENT *rAP 0 \ ' \ BOOK*52_PAGE_.LUZ- EXECUTED THIS _..~Â«~-_ DAY OF_ ...A<Zm -i*Â¢22, A.D~.1983 27GÂ·S7 //2// -COMMON OPEN AREA- i /00// 4 16 3\ .,4....:4 J~~HNE. dEME!*PABNER, / : Ill-$0 -flfitt ~ A tpkeR;kpo UMITED PARTNERSHIP // WIDE /1 St*ERKING INVESTME UMITED. ' 3 73Â°43'E 367-16 . 9% 0 t /99\ , 1 , 65Â°20'W 1â‚¬7Â·5 1 $ BiA //242<Exil//Sarj I \% L/' 1 9:22$ ~ti ~vÂ«~--p -14% ./-\ I R JAY R.*HNE PRESDEN-i F 4,9 -754 3 W////Aj %6 2 019 ,- Be#3 , , .. m *e -Â·fllillillil~l Ilillillik 6. - -- - , 6 4% 10 / , -$ 00 1564 BRASS CAP -- ./ /0,/Esl-ERN SLOPE DEVELOFÂ»MENT CO. \ / A COLORADO CORPORAT!ON -----0--- ---** \\\ 44 6. Fl / _-- , ,\\ %\4. 1 1. .- O.04 n./...- ----- . 4 4 - N Gs.18'W 337 BUILDING ENVELOPE / 42 / 411 ------ ' i a 889003' E 220 - COMMON OPEN AREA - ~&,4.~7A k,10 \ \ ' 1 ~0 / .10 ..1- 1 \ t\\ \---1 Res, . de A \ r ~'5 1 1 0 NOTARY PUBLIC CERTIFICATE 8 ------ ./00/\ \ f $ /\\ 1 00 -00 / 0* / *: BUS EASEMENT STATE OF COLORADC~ 5 S --LOMMON OPEN AREA<C~ / 4 / \ \ 61 . 11 \ Me-- BOOK*DIPAGE 1Â¥Â¥ COUNTY OF PITKIN 02 2 / 1 - THE ADREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS_26212_-_DAY /4,/ 1 / \ 0 \ V' OF__122.1-10__.,1983 9,0 JAY R. KUHNE AG GENERAL PARTNER OF SILVF*UNg./1 4 / 1 / \ -- --- MAINTENCE \\ \\ \ INVESTMENTS LIMITED. A COLORADO LIMITED PARTNERSHIP. 0 . I.'P, ~ ~ -riotq 00 24*/ 00 / + / WITNESS MY HAND AND OFFICIAL SEAL. 0 N00 -*. ... j j St.3 g j MY' COMMISSION EXPIRES_11.-41... off#100 u C, W/DE MANAGEMENT it , i 0.1,~.72.25+ . C 4 gaudÂ·, 02. 4 ; ell -/ \\ - ------- - / z / ' LE_41_40_\-~~abdU~3~2*t) 1 1 1 P .--0 - / j\ ADDIZESS OF NOTARY-122-LE_Lug@Â¢6&*>.:f A // it NOTART PUBEE Â· 42Â»4 ' ./ 44471, ----0-- 1 - '2 1 1 4 // 1 1 ----4--------4-------- 1 i k 1 1 a 4 M\\191/4 1 .4- -1.sa TEZelllINI'~k e\\ il 27 '16% -* .- \\ \\ NOTARY PUBLIC CERTIFICATE 1%3 11 4 11 / 1 1 2\\\\3+5 Gif\\\\\F W////LM--77 \\ 1 I i / 777777772,0# COMMON OPEN AREA. 4 111111117 1 Â«// 1 L//193 !4 \\ COUNTY OF Prn<IN J 1 1 STAT-E OF COLORADO~ s.s. i 1 / E....el \ "MA 1 /1 1/ /1 NK\\\ THE FORÂ¥:GOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIs2624-64' , 1 \ ~ -~~ ~661 OFL.192211:2Â£--, 19625 BY JAY R. KUHNE AS PRESIDENT OF WESTERN~SL.OFt., Izzz.ZI o 1 l ,,JE 1954 BRASS CAP. ~ \ 11#ffv WITNESS MY HAND AND OFFICIAL--SEAL. DEVELOPMENT COMPANY. A COLOEADO COP.POR:ACT-!ON. 1 1 At rzA _113%~ 2, Y////0//// W \ , MY COMMISSION EXPIRES--i-,2/_225-1--- 9 09. 4 .1 61"0, 1 0 -1//A /04/ -- 1 1 13....:% *44~ Amp~- 94 0 129///A .// 40, // .s'~ tb tk ADDRESS OF NOTARY lf,Irk_1--V;pgaw/.UL_ ./.4 // 0 1% i L 2-1-=u-41--14.-131*8-3*.20 1/ NOTA!Â« PUBLIC , LONE PINE ROAD ,& 002/ / - /2 3 / 410 4 - 11 \ 6 ..9 c,# rz - rÂ»iv 'C, 7 .it + / 69 --'' 4 + '0.,0 i / 1 4 4,10Â¢03/ +---- 421)#m - I- $ - 25 /0 1,564Â°04'20/2 . / Aff // 01 i- i /52.55 0 / 0 9 N 5~382, ---- ~7 904 9% ef> . -,04-~ 28'w . */.............. ...0 tavp 9 S STQB. EASEMENT / --- OK!*?APAGEmft- ~P /.0 10 + - 2 /9 -//Fe, / t / REVIDED DOÂ© DTOr EADEMENT- . 46 %- 40 28- 10 , ~~ NG 57*-"=04 4 /O*00 OK!Â©INAL 19) Â©TOr EADE.lvIENT [DE. ING VACATED # ,4,60 ~ <6& 4 * v// . / 0 , a. tul//1/1% 0,914 .O \ . 3* $ 00'~ 45/1 009 6 49 / j wA CF \ 56 - '44 059 BOARD OF COUNTY COMMISSIONERS ; ' '' . / 0 00 SURVEYOR'S CERTIFICATE 50 200 250 300 APPROVAL AND DEDICATION . i 100 150 lilli 1 1 1 1 1 0.4, \ I, JAMES F. RESER, REGISTERED LAND SURVEYOR DO HEREBY CENIFY THAJ 1 HAVE SCALE ; 1"= 50' THIS SUBDIVISON PLAT AND DEVELOPMENT PLAN OF HUNTER CREEK CONDOMINIUMS PREPARED THIS SUBDIVISION PLAT AND DEVELOPMENT PLAN OF HthITER CREEK \VO \ HAS BEEN REVIRKED AND APPROVED BY THE PITKIN ODUNTÂ¥ BOAJED OF OOMMISSION- CONDOMINIUMS, THAT THE LOCATION OF THE OUTSIDE BOUNDARY,03ADS AND BASIS OF BEARING : THE BEARING AS TAKEN FROM U.S. COAST AND GEODETIC~ ERS Twls_22.2-4.___-DAY of-f#M/Y*El_, 12>83. OTHER FEATURES ARE ~CUIUrELY AND CORRECTLY SHOWN HERLON, THAT- THE SURVEY TRIANGULATION STATION "ASPEN; QUAD 39)063, STATION 100},TO *ASREN \40\ SAME ARE BASED ON FIELD SURVEYS AND THAT THE PLATTED SIE Â»ID THE AZIMUTH MARK" OF 5 08Â°22'06'E WAS USEDAS THE BASIS OF BEARRG ON 1-Hl~ \ ROADS CONFORM TO THOSE STAKED ON THE GROUND. â€¢ MAP *#1 IN WITNESS THEREOF, 1 HAVE SET MY HAND AND SEAL THIS.-Â£42~.DAY OF._432Z, \%\ 1563. VIC,- EIikARAN t. /-/ h.. PITKIN COUNTT BOARD OF es. \ 42\ COMMISSONERS \,%: BY; - AM@IME F RESER. 4- le i ALPI NE SURVEYS \34 OCTOBER----, 1983 di.s. 0&4- 90 '10<4, ip v â€žAfÂ« 2 , NOTES 4- '112'fi,ZTeFs 1 ./t . 40. % , 1. NO ABOVE GRADE BUILDINGS WILL BE CONSTRUCTED IN THE ' COMMON OPEN \4 1 AREA",- EXCEPTING FROM THE- DEFlNET-ION OF BUILDINGS ALL UTIL!TZES,FACILITIES, i ENCLOSURES AND TRASH ENCLOSURES. \<\. e - 084 i k 2. THE EXPANSION OF EXISTING BUILDINGS ARE LIMITED -!D -THE BUILDING ENVE- ACCEPTANCE FOR RECORDING 1/41 4 ) o !1 LOPES. \\ e 4 /. 41 02./ '1,2 3. RECREATION FACILITIES INCLUDING MANAGEMENT AND MAINTENANCE BUILDINGS MAX THIS SUBDIVISION PLAT AND DEVELOPMENT- PLAN OF HUNTER CREEK CONDOMINIUMS \4\ e \'%.X.-trfil,f<t.f / BE CONSTRUCTED WITHIN THE SUBDIVISION BUT \FCONSTRUCTED WIll. BEEL CONFINED 10 THEI ts ACCEPTED FOR FILING IN THE Or~5EE OF THE C~K ANe-BECORDER oF PlTKIN 6\. RECREATION 3!TE. BUILDINGS WILL BE UM!TED 10 2000 SQ FT. AND MAY INCLUDE COUNTY, gel-*R.ADO, THIS- _-1 1*r OF_ 0/Wee!5-,885 N PLAT Â¥*Â»I<-16~ SUCH USES AS A MANAGEMENT OFFICE (MAXIMUM GOO SQ.FT ),REST ROOMS,POOL EQUIPMENT, JAN ITORIAL, MAINTENANCE AND STORAGE SPACES. Ar PAGE.N.:Uzik RECEPTION NÂ°,/1~~OL/ \4/A:,- ~- 4, BUILDINGS I THROUGH 8 ARE THREE STORES AND OF MASON,tr, CONCRETE AND WOOD CONSTRUCTON, 8011_O1NGS K THROUGH )3 ARE THREE STORIES AND OF- / 2 1 ' CONCRETE AND WOOD CONSTRUCTION . IG FT. WIDER.O.W. \ \I FOR MOUNTAIN STATES , \\ ,\ TELEPHONE AND TELEGRAPH 00. ' \ \ \ \ \ N 46. 07,ayk > 84.8 64 .~i.~ A I F][RST AMENDED '6(0 'tr?, 11.2.Â·. Revisions NOTICE According to Colorado laâ€¢ You must commence any legal aci,on based upon any delect In thts survey wah,ns,< years plter you first discover Alpine Surveys '- , Â·,tEÂ« p . Surveyed Â· ' Title SUBDIVISION PLAT AND Job No 78-87-3 Drafted 10'21,83 DEVELOPMENT PLAN OF C|ient SILVERKING INVESTMENT such derect In no event may any action based,Jpon wy delectinthissurvey LTD. becommenced morethanten years Irom Ihedateotthe cert,flcationshown i..'t ,?/ I hereon Post Office Box 1730 WESTERN SLOPE- Aspen, Colorado 81611 HUNTER CREEK CONDOMINIUMS DEVELOPMENT CD 303 925 2688 /3- SPRUCE STREET