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Home My WebLink AboutLand Use Case.15 Falcon Rd.0055.2006.ASLU- 112 FALCON RD PUD AMENDMENT 273514111103 0055.2006.ASLU - 1 Â«fo \ SCA'P M GD | ~2/~,0 6 City of Aspen Community Development Dept. CASE NUMBER 0055.2006.ASLU PARCEL ID NUMBER 2735-14-1-11-103 PROJECT ADDRESS 0112 FALCON RD PLANNER JESSICA GARROW CASE DESCRIPTION MINOR PUD AMENDMENT REPRESENTATIVE GREG 818-879-8535 DATE OF FINAL ACTION 12/12/2006 12 CLOSED BY Johannah Richards DEVELOPMENT ORDER ofthe City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date o f this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. GREGORY & ELAINE STAPLETON; 3061 FARING FORD RD THOUSAND OAKS, CA 91361, (818) 879-8535 Property Owner's Name, Mailing Address and telephone number SUB:MOORE FAMILY PUD BLK:G LOT:3, located at 112 Falcon Road. Legal Description and Street Address of Subject Property The applicant has received an Insubstantial PUD Amendment for a Development Envelope change. Written Description of the Site Specific Plan and/or Attachment Describing Plan City of Aspen, Community Development Department, Administrative Approval for land use approvals associated with and necessary for construction. Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) November 5,2006 Effective Date of Development Order (Same as date of publication of notice of approval.) November 6,2009 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 1 1 + 6 A n~ i n rOctober, 2006, by the City of Aspen Community Development Director. 304(rk ~ / 4*4 Drv- r C lul- Chris Mendon, ComMunity Developmdnt Dip6ctor ..... PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: SUB:MOORE FAMILY PUD BLK:G LOT:3, located at 112 Falcon Road, by Insubstantial PUD Amendment on November 5, 2006. The Applicant received approval of an Administrative PUD Amendment to change the Development Envelope. For further information contact Jessica Garrow, at the City of Aspen Community Development Dept. 130 S. Galena St, Aspen, Colorado (970) 429- 2780. s/ City of Aspen Publish in The Aspen Times on November 5,2006 Section 18: Vested Property Rights The development approvals granted herein shall constitute a site-specific development plan vested for a period of three (3) years from the date of issuance of a development order. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 112 Falcon Road., City of Aspen, by Administrative PUD Amendment of the Aspen Community Development Director. MEMORANDUM TO: Chris Bendon, Community Development Director rHRU Joyce Allgaier, Deputy Director FROM: Jessica Garrow, Planner~ ~1~ RE: Lot 3 Moore Family PUD Development Envelope Change Parcel Number: 2735-141-11-103 DATE: October 24,2006 SUMMARY: Greg and Elaine Stapleton, represented by Mark Beckler of Sopris Engineering, have applied for an Insubstantial PUD Amendment to amend the shape of the activity envelope for Lot 3 of the Moore Family PUD at 112 Falcon Road. The proposed changes are attached as Exhibit "B". APPLICANT: Greg and Elaine Stapleton, represented by Mark Beckler of Sopris Engineering LOCATION: 112 Falcon Road; Lot 3 Moore Family PUD ZONING: R30 PUD (Moore Family PUD) REVIEW PROCEDURE: The Community Development Director may approve, approve with conditions, or deny an Insubstantial PUD Amendment pursuant to Land Use Code Section 26.445.100(A) PUD Insubstantial Amendment. STAFF COMMENTS: The Applicant proposes realigning the water main and a portion of the private road that provides access to Lots 3 and 14 of the Moore Family PUD from Falcon Road. The realignment will create a situation where Lot 3's Activity Envelope will no longer be adjacent to the road it receives access from. To remedy this situation, the Applicant proposes adding the intervening area to the Activity Envelope and eliminating portions of the Activity Envelope and Building Envelope. The proposed change will not result in an increase in the Activity Area on the lot. Staff finds that the Activity Envelope change meets the review criteria for an Insubstantial PUD Amendment. 1 RECOMMENDATION: Staff finds that this application meets the applicable review standards for granting an Insubstantial PUD Amendment and recommends that the Community Development Director approve this request. APPROVAL: I hereby approve an Insubstantial PUD Amendment to change the Activity and Building Envelopes on Lot 3 of the Moore Family PUD, as represented on the plans attached hereto as Exhibit "B" 9-,)04~~~04,1 4/ date 10/2-1-/69 ChrM Bendon, Cunmunity Development Director ATTACHMENTS: Exhibit A - Review Criteria and Staff Findings Exhibit B - Proposed Activity and Building Envelope changes . Exhibit C - Application 2 EXHIBIT A: REVIEW CRITERIA & STAFF FINDINGS An insubstantial amendment to an approved development order for a final development plan may be authorized by the Community Development Director. The following shall not be considered an insubstantial amendment: 1. A change in the use or character of the development. The change in the Development Envelope will not result in a change to the character of the development. The change will provide better access to the lot given slope considerations. Staff finds this criterion met. 2. An increase by greater than three (3) percent in the overall coverage of structures on the land. There are no increases proposed for the existing structure. The application only changes the development envelope. Staff finds this criterion met. 3. Any amendment that substantially increases trip generation rates of the proposed development, or the demand for public facilities. The proposed change is to the area of the Activity and Building Envelopes only and will therefore not impact the trip generation rates or demand for public facilities. Staff finds this criterion met. 4. A reduction by greater than three (3) percent of the approved open space. The proposed change is for an individual lot and will not impact the approved open space. Staff finds this criterion met. 5. A reduction by greater than one (1) percent of the off-street parking and loading space. The proposed Development Envelope change will not impact the off-street parking or loading areas. Staff finds this criterion met. 6. A reduction in required pavement widths or rights-of-way for streets and easements. The proposed change will realign the street right-of-way and a water main on a private road. The change will not decrease the pavement-widths or rights-of-way. Staff finds this criterion met. 7. An increase of greater than two (2) percent in the approved gross leasable Jloor area Of commercial buitdings. The proposed change does not include any commercial buildings. Staff finds this criterion met. 8. An increase by greater than one (1) percent in the approved residential density of the development. The proposed change will not impact the density of the development. Staff finds this criterion met. 9. Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting a variation from the project's approved use or dimensional requirements. The proposed change is consistent with the PUD' s original approval. The change will eliminate 905 square feet from the Activity Envelope and 687 square feet from the Building Envelope, for a total decrease of 1,592 square feet. In exchange, 1,592 square feet is being added to the Activity Envelop to enable access from the street to the lot. The changes in the Activity and Building Envelopes will not affect any dimensions set in the PUD such as allowable FAR, setbacks, etc. Staff finds this criterion met. -FÂ·Xh \ 9140/ 16 October 2006, Page 1 of 2 Jessica Garrow The City of Aspen Community Development Department 130 South Galena Street Aspen, CO 81611-1975 RE: Written explanation of changes to the Moore Family PUD, Lot 3 / Five Trees submission of 20 September 2006 to the City of Aspen, SE Project No. 25141.02 Dear Jessica: Thank you for your review of the Moore Family PUD, Lot 3 / Five Trees plan and associated documents. Per our telephone conversations o f October 2006, and in accordance with your meeting and review o f the above plan with the City of Aspen staff, listed below are the requested changes Sopris Engineering, LLC has made to the plan submitted last month. 1. Further reduction in activity and building envelops in the west to equal increase in activity area in the south. Below is a revised chart as a result of these changes. 2. Inclusion of square footage of increased area in the southern activity envelope on the plan. 3. Insertion of"Legend" with hatching patterns noted, along with the square footage exchanged in both the western activity and building envelopes noted to balance out the increase in square footage in the southern activity envelope. 4. Insertion of"Purpose Statement" with inclusion of a further detailed explanation contained in parentheses. 5. Notation o f Rebar and Cap for southern property corners of Lot 3. 6. Correction of typographical error of"Edge of Activity Envelope" label, and title change to "Lot 3 & Lot 4..." to use the singular rather than the plural of lot. 7. Please note that there is no increase to Lot 14's activity envelope. Square Footaqe Details for the Activity and Building Envelopes of the Moore Family PUD Lot 3 Envelopes Pre-amendment Square Foot Square Foot Reduction - Post-amendment area Increase - southern line western lines area Activity 19,437 sq ft 1,592 sq ft 905 sq ft 20,124 sq ft Building 11,198 sq ft Osqft 687 sq ft 10,511 sq ft Totals N/A - envelopes 1,592 sq ft 1,592 sq ft N/A - envelopes overlap overlap The increase in square footage ofthe activity envelope in the south equals the combined reduction in square footage o f the activity envelope and the building envelope in the west. We understand that, with these changes to the Moore Family PUD Lot 3/ Five Trees plan, the City of Aspen will render a final decision o f approval. We look forward to hearing from you, following your final review of the above items, with instructions for recordation o f the Mylar for this plan. 502 Main Street â€¢ Suite A3 El Carbondale, CO 81623 El (970) 704-0311 0 Fax (970) 704-0313 SOPRIS ENSINEERING 'LLC civil consultants N.uvre Family PUD, Lot 3 / Five Trees SE Project No. 25141.02 16 October 2006 Page 2 of 2 Sincerely, SOPRIS ENGINEERING, LLC Â»j l>YL___ Mark Beckler, P.L.S. Principal ATTACHMENT 2 -LAND USE APPLICATION APPI.ICANT: Name: L_04 3 ar,4 I..-64- \4 3 h\TI IL G ,-The Moure -Wa,Thil>~ POD Location: \\2 91\ con Road 1 5<61 en 31\Grads (Indicate street address. lot & block number. legal description where appropriate) Parcel ID # (REQUIRED) 2.-9 235 \Zi\\\\ O'b REPRESENTATI~-E: Name: bojeri f Fra nee.vi N~ . LLC Address: 6032- Matho ?A-rtek:9 414_,Ar-3 ,CattcMida.\e (68\623 Phone #: PE*) 4-64 1 03\ 1 PROJECT: Name: G re-J 20+ F la-ut %29:~ Y,Zekn Address: . 66 l Faying Â¥66-4 2-~ U )3 h,GXS an&0311 CA9136 \ Phone #*8Â»-8535 48\6 9-9 - 8-4 63(4/- (806 7-50- 9445 (cell ) TYPE OF APPLICATION: (pleasetheck all that apply): Conditional Use U Conceptual PUD U Conceptual Historic Devt. Special Review ~EL Final PUD (& PUD Amfndment) U Final Historic Development Design Review Appeal U Conceptual SPA U Minor Historic Devt, GMQS Allotment E Final SPA (& SPA Amendment) El Historic Demolition GMQS Exemption E Subdivision U Historic Designation ESA - 8040 Greenline. Stream ~ Subdivision Exemption (includes U Small Lodge Conversion/ Margin. Hallam Lake Bluff. condominiumization) Expansion Mountain View Plane El Lot Split U Temporary Use K Other: Plat U Lot Line Adjustment C Text/Map Amendment Arendmeni EXISTING CONDITIONS: (description of existing buildings. uses. previous approvals, etc.) nrevl'Qua 4 0._0>40\ ?Al vw# 99\-4 diNJ. , gainrzE j\623 PY-9 uidlljlki 249 fcazLd FED P lidâ‚¬k ac-CAS e 2Je 0Â·04 , vy aÂ»- C_24tneÂ». erercjercl~ dc-Cet f fawt PROPOSAL: (description of proposed buildings. uses. modifications, etc.) Re a\~wn WakÂ«' eaxn 2-Ack pluak fÂ»toh OF Y'baclug ax.~ 0,-tnding Pron AleÂ» 2-bad .wkie-k pmu~ dg-1 accet.9 4 Lest-5 aprl--Â·fAA Lei- 4 tere<~ 62&<09 ak- 1.'lore.75- 2-Le &1 Havelyou attached the following? FEES DL E: $ 1 6193-,O [EFI>:Application Conference Summary EFAttachment #1, Signed Fee Agreement - Re- lu.k=>AcÂ·\kcA AtÂ®Aseth Ort -3>l juctul -1C 2--tÂ© 6 P'Kesponse to Attachment #3, Dimensional Requirements Form [2 Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards All plans that are larger than 8.5" x 11" must be folded and a_lloppullikwith an electronic copy of all written text (Microsoft Word Format) must be submitted as part of the application. RETAIN FOR PERMANENT RECORD 3 m El El El El El ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: L.Cks b and \4 jibicÂ£l(1>3*c,te\coft Flvidul FUD 2-3~rdul3s-%rk~4\ Applicant: (b a~ tÂ·tap ZeKAz cl 0 3 6â‚¬r\ \ S,Jpiâ€ž ne e.Â£ 4 )2 'Â· LLCIPE.odIvent Location: 12-Fli c.v\.-14Â«back; .P,ape-~ Coloc=-4-cj Zone District: ~ 1%)0114 PUD U, C_PD -ZLent Lot Size: 2.Ochacres = LOU C .LO 2- 1 Lot Â£ Lot Area: 1 J1 1 9 8 &9,' tt. = ~ \Uithl el-Â«Gpâ‚¬L (for the purposes of calcutiting Floor Area. Lot Ar y be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: .Nec\e_ Proposed: Neat Number of residential units: Existing: Ort_Proposed: ijO nt Number of bedrooms: Existing: EVE Proposed: f\Jlfht. Proposed % of demolition (Historic properties only): /7 ~ A 4719*23 Â£% ra 002Â¤'b 02 45|rÂ·Q_ 2.rtul(SUbly 'Lff *Ned MedÂ« DIMENSIONS: - 9-ar\,4 PUD . NO 41 Menlhen.24 0,9~2,_ge.1 2,NpropoledÂ· Floor Area: Existing: 4- Allowable: 4 Proposed: 4 Principal bldg. height: Existing: + Allowable: 4 Proposed: * Access. bldg. height: Existing: -* Allowable: 4 Proposed: 4% On-Site parking: Existing: 4 Required: 4 Proposed: * % Site coverage: Existing: 4- Required: i Proposed: 46 % Open Space: Existing: * Required: -* Proposed: * 4< Front Setback: Existing: Required: * Proposed: 4% Rear Setback: Existing: 4 Required: 4 Proposed,Â·At Combined F/R: Existing: 1 Required: * Proposed:* Side Setback: Existing: k Required: # Proposed:24% Side Setback: Existing: -*r Required: * Proposed:+ Combined Sides: Existing: + Required: 4 Proposedf Distance Between Existing -* Required:* Proposed:*T Buildings Existing non-conformities or encroachments: Ylenâ‚¬L Variations requested: â‚¬6 1 th rh v v zk-Y'- paen and f Abak f eet\OA Of v,23 ZA e?'34.Al . RETAIN FOR PERMA.UNT RECORD 2 0 L '406 -U.f--rj:1-4-pb%22 -Â·,tti:-2 -L -1 0 12.Â·. 0.~ X 7 1- I - I. -- . '7 4# no.... -: -267401 - >41 Â·Â·.1. i. f 2 - t.* e.z-inE . -n .i .5 ' .r- -Â°C -- 2/0., 1.. 1' , -4 .0 -" L . i Â«Â« .' tri-2<0 ' '''k; Â· 62-31 \ \Â·'Red . v , 2/Â»1 '' W.1 . ,, Â», ~ ~.'Butte\ I '.'19.- -~. r' t. - . 0 i .,Â·, . ' ,/. 'K I I 4 . 4,2,34 1 '9233 .' Â·-;L '1 ~3 , Â£ 4 t h 1 1; .. .- 6 4 1 ./ 9 11...13 %. ./ . ~~ I. .. , ~ â€¢ ~ ~ , 41 ~~Â· Â· . I , .. -- : 4 Â¥ , '* -Â·Â· i, 1 Â»TEJE#1<*-+t" -7>-4 J-f--1 7/ r 0 .. . 1 21 :r- I / 1 , . . .- 7:/ -- *I - ' ~Â·f /~ Â· ' I. .9- . . . . : t. r ) 1 ..,t\. 1 \1 - L . . 11 / ./.. 4 4 ,/ I. . I. P~ 1, ..1 - I. #' & er, ....: 0.. ;Re j Hjttet - l Â· i F'.Â·Â·d Â·e 43.Â·Founds . b: a . .- N 6/4 4 .# /4 y4~ MUL, Ut ttir..3, r j L.. :L , . ' I MI.-4 . . 3 1-. i... '0 0..... !11# .. . 1 '' , I r .a . -- Aspen.:. I I.- ./ . I , ./.%,1 .. ..~ .1 ..1 I ./ .1 1 I. I.' y $ 1 I ..f I . ./. ... t /Â· ~.iI Â· t : .-LI--IM -I-' _ . 1 1 . Ch I . 3.5 . .r 1 ,; 3 1 ./. ..1.1,1, 1 â€¢* dip:/*** 1..'1. N... '' ... .. .. '.* . f-- ' . . 1 4 i Â·Â·Guich f . I ,. . 1. 1 - ..'. I ..: / 2 4% ... V: VX.I.--4-..-I I - 1 . I , , .11:-I :-dfli~ ./.'.4, i.Â·.1 .. * 1 ' ' , 1.1. 1. f.1 1, - ':. I : I I :: . " I I *- ' .1 . VICINITY- MAP SCALE: 1" = 2000' I 5 Moore ramily PUD Lot 3 / Five Trees SE Project No. 25141.02, Page 1 of 1 Written Description of the Proposal for the Moore Family PUD Lot 3 The applicant is proposing to realign the private portion ofthe roadway extending from Falcone Road that serves to provide access to Lot 3 and fronts Lot 14 (although Lot 14 utilizes an alternate road for access) terminating at a breakaway. Please refer to the attached plan sheets for further illustration. On behal f of the applicant. the consultants have obtained letters of conceptual approval from those entities that utilize the roadway including the following: 1. Five Trees Metropolitan District 2. City of Aspen Water Department - in progress 3. Owners of Lot 14. We have enclosed these letters for your review. Attached are plan sheets illustrating the current road alignment and the proposed re-alignment. This realignment will improve the location of the driveway access to Lot 3. by avoiding steep slopes, where the applicant intends to construct a new home. The City of Aspen Community Development Department has agreed to consider this proposal under an administrative review as a PUD Insubstantial Amendment in accordance with Section 26-445-100 0 f the City o f Aspen Land Use Regulations. We are able to meet with you should you request clarification of the particulars of this proposal. Thank you for your time and assistance. 502 Main Street â€¢ Suite A3 E Carbondale, CO 81623 m (970) 704-0311 6 Fax (970) 704-0313 SOPRIS ENGINEERING â€¢ tiC civil consultants 9 PAGE 02 09/12/2006 15:41 818879876: FALCON1 MAWL 82 U 2/ 1 4/ 4,1,10 .6 U./.1. 7/4-/04- ourrt i m 2-14,1,1. INGLM 1/NU CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of Citv of Asuen Development Application Fe,5 CITY oF ASPEN (hereinan= CITY) and Grel ?bNap\UNA 2~,Â·4212,6Lliz,)F>ld'n (hereinafter APPLICANT) AGREE AS FOLLOWS: J APPLICANT has submitted 10 CITY an application for Orb S arA \4 j'?*edÂ¥.(b.t-TFE- tvxaort f~rw il~t 8.0 . (hereinafter, THE PROJ~Cit). 2, APPLICANT zinders;ands and agrees thal City of Aspen Ordinance No, 37 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all progGesing fees Is a condition pccedent to a detsrmination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the propoied project, it , is not possible at this time to ascertain the full extent of the costs involved in proceming the apprication. APPL]CANT and CITY furthw agree that it is in the interest of the parties that APPLICANT make payment of an initial dcposit mid to thereaftct 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 arc necessary as costs are bcurred. C]TY agrees it wil r be benefited through gh@ greater certainty of recovering its full coms to process APPL]CANT' S application. 4, CITY and APPLICANT furthet agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Counsil to enable the Planning Commission and/or City Council to make legally required findings fer 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 detumination of applicat;on completertess, APPLICANT shall pay an initial deposit in the amount of $ 1 ,061-,~4,!tichia tor_921=Jaa hours of Community Development staff time, and if actual recorded costs bxcecd the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimbunc the CITY for the processing of the application mentioned abovâ€¢c, including post approval review at a rate of $220.00 . per planner hour over the initial deposit. Such periodic payments shall be made within 30 days ofthe billing date. APPLICANT further agrees that failure to pay such accnied costs shall be grounds for suspension of processing, and in no case witt building permits be issued until all costs associated with case proces,ing have been paid. CITY OF ASPEN APPU(JANI' . n - I By: By:~, O:rEA '3*ap k.*cn tflahe-9â‚¬* Chris Bcndon Community Divelopment Director DAte; 41_)2)Â»e Bil] To Mailing Address and Telephone Number. _505 1 nori na 994 -Red- _Â»ailard Gats CA Q 136 l g:\support\Torms\Bgrpayas.doc 02/01/06 G SAt:)39 Â·AD# mued, Hitrya.\ tp C.ltj cf /44't,r, ErÂ©t\Acc labl and AAÂ·Â·e- UÂ©I~' op ker, P.,U Dtp a,tne.,rEFaid. cots\4Lf*+2.CO~. RETAIN FOR PERMANENT RECORD 1% 0 4 LOT .3 F IVE TRAEJ ANPEN, COLORADO PROPOOED B.ELOCA71O/4 OF FALCoN fipho OCALA : 1// + 40 1 t ' V A FEBRLARÂ¥ 24,2065 APPROVAL OF: LOT OWNESÂ© 1 I APPRoVE OF THE RELOCAnON OFFAL-CoN ROAD 04 1 Ab arloWN HER=014. < 1 er / 1 of, 12%61 ca= i-or 3 1 OP< T M C),t,r-I ON F f 1) 4 1ZOOs- IQ @>f 1 1 04 ; 1 1 , y l Eb-339 iNG-il- pRANCAPE- --- OWNERS Of A.OT- Pl 1 -*r- .- --10-1 Â» - 1 21-â‚¬7--5- ' ------0 d- E- â‚¬32. 6.-drE_61.-77*.- ek-- E AS E ME N IL__22-- _gat=21 __ Ah ~~ /~0' -Â«~~9'ADEÂ»*E~Czr-tÂ«FI* ~ te15*-4 t-~rgrg M / t/ 033 4Â¤T a LOT- 161 FIVE A REES 75,16. }16,1 '.!1 4';. >: in .7;.1 ."!'\Â· Cl) S. i h i ' itÂ·Â·Â·11; '.- >-.14 02Â· r j \ 19 0 1 925-4 ri# FIVF.TREE.4 :111.'}-R<)POLiT,A.\ DIXTRiCT May 24,2005 Michael Gassman Architect Box 2510 Basalt, CO 81621 Re: Lot 3 - Falcone Road Realignment Dear Michael: The Board of Directors ofthe FiveTrees Metropolitan District met yesterday and conceptually approved your request to realign Falcone Road across Lot 3. In order to receive final approval for the proposed realignment, the Board will need to see a proposed new road easement across Lot 3 and written approval from the Aspen Water Department to the proposed realignment as it will place their water line outside of the realigned road. The survey for the realigned road and easement should clearly indicate the point at which asphalt will end. The District will also want to see the area o f the realignment staked out, complete with grade staking on the south side of the road so the Board can view the visual impacts to the slope and road and to determine i f the extent o f the lay back of that slope is acceptable. Assuming the slope is acceptable, the District will also require a landscape plan to be presented stating how the slope is to be revegetated and protected from erosion during the revegetation period. Finally, you have stated that the owners of Lot 14 are agreeable to this realignment and we will need to see a written confirmation of their acceptance. The District will work with you to make sure that all requirements are satisfied in a timely , manner and we encourage you to contact us for our standard road specifications. We understand that the paving will not occur until the residence at Lot 3 is complete and we may require a bond to be posted to ensure the road is completed at that time. Sincerely, By - Gary L. Beach Distridz-Manager 0209 lot 3 rd realign.wpd I3 Moore Family PUD Lot 3 / Five Trees SE Proiect No. 25141.02. Page 1 of 1 Determination of Rights in Private Access Easement The Private Access Easement. Emergency Access Easement. and Water Easement initiate at the common boundary in Lot 16 (adjacent to Lot 3 to the west) and traverse through Lot 3 and Lot 14 to the easterly boundary of Lot 14. The Private Access Easement terminates at the easterly boundary of Lot 14. The Emergency Access Easement and Water Easement continue through the Open Space Area 6. and become a Common Driveway Easement at Lot 11 and Lot 4. The only Lots that rely upon this Private Access Easement for their point of access are Lots 14 and Lot 3. as all other Lots noted obtain access through the internal road network. The portion of Falcon Road that is public provides access to Lot 16, and Moore Drive provides access to the common driveway easement serving Lot 11 and Lot 4. 502 Main Street â€¢ Suite A3 0 Carbondale, CO 81623 L (970) 704-0311 9 Fax (970) 704-0313 SOPRIS ENSINEERING ' tiC civil consultants 14 August 16,2005 Mal......2&7 THE CITY OF AsPEN Michael Gasman W,\TER DEPARâ„¢ENT Architect P.O. Box 2510 Basalt, CO 81621 RE: Five Trees, Lot 3 and Falcon Road Utility Easement - Dear Michael: This letter will serve as written confirmation o f our discussion in the field the afternoon of August 11, regarding the waterline easement which fronts the residence on the above referenced lot. You had requested information regarding potential encroachments into the water line easement area, using a variety o f differing slope stabilization methods for a retaining wall required at the driveway entrance. Based on the field-staking for the easement, the location of the water line of the area in question appears to be within the utility easement area (when compared to the markings provided by the Aspen Water Department for the location of the buried water line). Pot- holing the water line may be necessary to give a more precise definition o f the location, since it may vary up to 18 inches on either side o f the provided markings. Regarding your original request to install soil nails into the utility easement area, I indicated that this is not an acceptable alternative, due to the proximity o f the line and due to the uncertainties of installing soil nails gver and under the water line. A potentially acceptable alternative that does not involve relocation of the water line is to drill vertical caissons in support of the proposed wall. A nominal encroachment into the easement area would be acceptable with this alternative. However, detailed plans indicating the precise location and extent o f encroachment would first need to be approved by the Aspen Water Department before any excavation or encroachment into the easement area. Other acceptable alternatives involve relocation o f the water line. You submitted a preliminary plan showing relocation of the roadway surface and utility easement Lip to fifteen feet to the south. You also presented a letter from the Five Trees Metropolitan District conceptually supporting the proposed relocation. I explained the process of designing, constructing, inspecting and accepting such relocation from the Water Department's standpoint, including the process of granting of a new easement ten feet on either side of the centerline. I also expressed my general concurrence that this alternative 130 SOL' TH GALENA STREET ASPEN, COLORADO 81611-1975 PHONE 970.920.5110 FAx 970.920.5117 Printed on Recycled Paper I5 . appears to be workable, subject to scheduling of work during the prescribed construction season (with an expected installation in the spring o f 2006). Finally, we discussed by phone a third potential alternative that would enable the use o f a geo-textile grid system. The grid system would encroach into the existing easement and relocation o f the waterline within the existing easement area. This alternative involves moving the water line at least ten feet from any proposed encroachment o f the geo-textile fabric installation, while maintaining an adequate clearance within the easement on the southerly side (opposite from the driveway). Again, design details would need to be approved in advance. The process would be similar to the alternative o f moving the easement area. Since the line would remain within the easement, no replacement easement area would need to be dedicated in advance of acceptance of the line. This alternative is also acceptable to the Water Department, provided that the City is indemnified against any damage incurred to the proposed retaining wall resulting from repair or replacement o f the main line, and provided that such indemnification is recorded. Please feel free to contact me at 970-920-5111 or at philo(ici.aspen.co.us to discuss additional details o f these alternatives. Sincerely, ALLV (113~~ - Phil Overâ‚¬FiiiTE ---1 , Utility Director City of Aspen ec: Neal Goldsborough, City of Aspen Water Department Gary Beach, Five Trees Metropolitan District John Worcester, City of Aspen Attorney Memorandum To: Joyce Allgaier, Deputy Director. The City of Aspen. Community Development Department From: Mark Beckler. Principal and Mark Butler. Project Engineer. Sopris Engineering Date: 24 August 2006 Re: Moore Family PUD. Lot 3 / Five Trees, SE Project No. 25141.02 1. Mark Beckler, Principal and Mark Butler. Project Engineer. with Sopris Engineering met with Joyce Allgaier, Deputy Director, and Jessica Garrow. Staff Planner with the City of Aspen's th Community Development Department on the 24 of August regarding the Moore Family PUD, Lot 3. 2. The applicant is proposing to realign the water main and the private portion of the roadway extending from Falcone Road that serves to provide access to Lot 3 and fronts Lot 14 terminating at a breakaway. 3. The proposal qualifies as a PUD Insubstantial Amendment in accordance with Section 26-445-100 o f the City of Aspen Land Use Regulation. 4. The City of Aspen staff provided the applicant with copies of the Land Use Application. 5. The owner's representative will submit an application to the Community Development Department containing the following items: a. Land Use Application and required submittal items and review fee. b. Letter from the Owner o f Lot 14 agreeing to the proposal easement relocation. c. Letter from Phil Overeynder with the City of Aspen Water Department regarding the easement relocation and approval for construction d. Determination of who holds the rights in the private access easement. e. Landscaping Plan for re-vegetation. 6. Civil and survey drawings and plat amendment. 502 Main Street â€¢ Suite A3 - Carbondale, CO 81623 -3 (970) 704-0311 LI Fax (970) 704-0313 SOPRIS ENGINEERING ' ILILC civil consultants 2 THE CITY OF ASPEN Land Use Application Determination Of Completeness Date: October 3,2006 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number, name, and property identification number assigned to this property are 0055.2006.ASLU, 112 Falcon Drive and 2735-141-11-103, respectively. I will be handling this case. J Your Land Use Application is incomplete: We found that the application needs additional items to be submitted for it to be deemed complete and for us to begin reviewing it. We need the following additional submission contents for you application: 1. 2. 3. 4. 5. Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be sched*d until all of the submission contents listed above have been submitted and are to the satisfaction of the City o f Aspen Planner reviewing the land use application. Â® Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2780 if you have any questions. Thank You, $ 3Â£842Â£34Â«Wka.0,0 Utssica GaryoÂ¥, Planner City of Ask# Community Development Department G:\city\Jessica\Cases\112 Falcon Rd - Moore Family PUD lot 3\CompletenessLetter_112FalconRd.doc Transmittal To: Joyce Allgaier. Deputy Director Company: The City of Aspen, Community Development Department 130 South Galena Street Aspen, CO 81611-1975 429-2780 From: Victoria Giannola c/o Greg Stapleton Date: 20 September 2006 Subject: PUD Insubstantial Amendment submission for the Moore Family PUD, 1Lot 3 Five Trees SE Job No.: 25141.02 No.91 Item Remarks copies 1 1. Written Response to Review Standards. PUD Insubstantial 2. Pre-application Conference Summary. Amendment submission 3. Land Use Application. 4. Legal Description and Street Address ofthe Property. 5. Disclosure of Ownership. 6. Vicinity Map on 8 96" by 11" sheet. 7. Site Improvement Survey. 8. Site Plan. 9. Written Description of the Proposal. 10. Agreement for Payment of City of Aspen Development App. Fees. 11. Dimensional Requirement Form. 12. Current letter from the owner of Lot 14. 13. Copy of letter from Beach Resource Management. 14. Determination of who holds rights in the private access easement. 15. Letter of approval from Phil Overeynder with Aspen Water Dept. 16. Landscaping plan for re-vegetation. 17. Civil Submittal Drawings and Plat Amendment - 4 sheet set. 18. Disk with an electronic copy of all written text. \9. D'imenbit,nal Pi*CES Forlk+\ 91*i ara \04\dinfl erÂ·,utlepe& Â· If materials received are not listed above, please notify us. Transmitted by: 0 First Class Mail O Express Mail X Messenger o Pickup 0 U.P.S. O Federal Express 502 main street â€¢ suite A3 â€¢ carbondale, CO 81623 â€¢ (970)704-0311 â€¢ fax (970)704-0313 SOPRIS ENGINEERING 0 11(] civil consultants 20 September 2006, Page 1 of 2 Joyce Allgaier, Deputy Director The City of Aspen Community Development Department 130 South Galena Street Aspen, CO 81611-1975 RE: Written explanation of how the proposed development complies with the review standards relevant to the development application for the Moore Family PUD, Lot 3 / Five Trees, SE Project No. 25141.02 Dear Joyce: We would like to thank you and Jessica Garrow for meeting with Sopris Engineering (SE) on the 24th of August regarding the Moore Family PUD, Lot 3. As you may recall, the applicant is proposing to realign the water main and the private portion of the roadway extending from Falcon Road that serves to provide access to Lot 3 and fronts Lot 14 terminating at a breakaway. During the meeting, you noted that the proposal qualifies as a PUD Insubstantial Amendment in accordance with Section 26-445-100 of the City o f Aspen Land Use Regulations. We have attached all of the applicable submission items per the plat amendment as listed below. 1. Written Response to Review Standards - as contained in this cover letter. 2. Pre-application Conference Summary. 3. Land Use Application. 4. Legal Description and Street Address o f the Property - as contained on the plan sheet. 5. Disclosure of Ownership. 6. Vicinity Map on 8 14" by 11" sheet. 7. Site Improvement Survey - as satisfied by the following submittal items. 8. Site Plan. 9. Written Description of the Proposal. 10. Fee for both staff approval, and referral to the City of Aspen Engineer and the City of Aspen Parks Department for a total of $1,087.00 submitted by the owner in person to the City of Aspen on 31 August 2006. 11. Agreement for Payment of City of Aspen Development Application Fees. 12. Dimensional Requirement Form. 13. Current letter from the owner of Lot 14 referencing that the current plans have been reviewed and agreed upon. 14. Copy of letter from Beach Resource Management. 15. Determination o f who holds the rights in the private access easement. 16. Letter of approval from Phil Overeynder with the City of Aspen Water Department regarding easement relocation and approval for construction - Phil Overeynder has given preliminary approval for the easement relocation. 17. Landscaping plan for re-vegetation. 18. Civil Submittal Drawings and Plat Amendment - 4 sheet set. 19. Floppy disk with an electronic copy of all written text in Microsoft Word Format. 502 Main Street â€¢ Suite A3 El Carbondale, CO 81623 1 (970) 704-0311 0 Fax (970) 704-0313 SOPRIS ENGINEERING e LLC civil consultants A.vvre Family PUD, Lot 3 / Five Trees SE Project No. 25141.02 20 September 2006 Page 2 of 2 On behalf of the applicant, Greg Stapleton, Sopris Engineering is requesting an administrative review and approval of the above listed items in reference to the Moore Family PUD Lot 3/ Five Trees project. We are available to meet with you should you request clarification of the list of items for this submission. Thank you for your time and assistance. Sincerely, SOPRIS ENG T\TUI712 TATO T T P 441. 1 < 1 .1/1 - Mark Beckler, ~ .i-- Principal 09/15/2006 12:57 970379884 MICHAEL GASSMAN ~ PAGE 01 1 1 1 111 1-~1. 1--m ( '1 American Land Title Association Commitment - Modified 3/78 1 COMMITMENT FOR TITLE INSURANCE ISSUED BY 1 STEWART TITLE GUARANTY COMPANY Order Number: 41741 1 STEWART TITLE GUARANTY COMPANY, a Texas Corporation, herein called the Company, for valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in 1 Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefore; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. 1 This Commitment shall be effective only when the identity of the proposed Insured and tile amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the 1 time of the issuance of this Commitment or by subsequent endorsement. The Commitment is preliminary to the issuance of such policy or policies of title insurance and all 1 liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies cornmitted for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. Signed under seal for the Company, but this Commitment shall not be valid or binding until it bears an authorized Countersignature. 1 ]N WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and scal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. STEWART TITLE GUARANTY COMPANY 01Â®t, 1,. 94* o 916 9,u 1 M o u: ~ /- Chair-al of t..roard / - 96-< B / /~~- Pr.814.1% L <5:-1 1As /9 Countersigned: Authorized Coudersigna Stewart Title of Aspen, Inc. â‚¬ 620 East Hopkins Avenue Â· Aspen, CO 8161] (970) 925-3577 Order Number: 41741 Page 1 of 2 - Cmnmitment for Title Insurance 3/78 . ----1 1.MI!/~I- 45 .ILL_J- T-El--111_.. 1_ILL- . 09/15/2006 12:57 970379884- MICHAEL GASSMAN PAGE 02 COMMITMENT FOR TITLE INSURANCE SCHEDULE A Effective Date: July 18,2003 at 7:30 a.m. Order Number: 41741 2. Policy or Policies To Be Issued: C X ) ALTA (1992) Owner's Policy Amount: $1.500,000.00 1 ) Standard (X) Extended Premium: $1,551.00 Proposed Insured: Gregg Stapleton (X) ALTA 1992 Loan Policy Amount' $1.150,000.00 C ) Standard (X) Extended Premium: $100.00 Proposed Insured: To Be Determined 3. The estate or interest in the land descnbed or referred to in this Commitment and covered herein is: Fee Simple 4, Title to the estate or interest in said land is at the effective date hereof vested in: James P. Craig 5. The land referred to in this Commjtment is described as follows- Lot 3, Block G, Moore Family Pud, A PLANNED COMMUNITY, according to the plat thereof recorded August 10. 1998 in Plat Book 45, at Page 81 as Reception No. 420465, COUNTY OF PITKIN, STATE OF COLORADO Statement of Charges Examiner Name: Tom Twitchell Policy premiums shown above, and any charges shown below are due and payable before a poljoy can be issued. Reissue Rate Tax Certificate $2000 Form 110,1 (Owners) $ 150.00 Form 100 $ 50.00 Form 8.1 $ 50.00 Form 110.1 (I,ender) $ 75.00 09/15/2006 12:57 970379884 MICHAEL GASSMAN PAGE 03 SCHEDULE B - Section 1 REQUIREMENTS Order Number: 41741 The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors 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. Certificate from the Homeowners Association evidencing the fact that all expenses have been paid pursuant to the Protective Covenants. 2. Improvement Survey of the subject property, completed in the last six months approved by Stewart Title o f A spen, Inc., this survey i s to be retained in the files of Stewart Title of Aspen, Inc. and Stewart Title of Aspen, Inc. reserves the right to add further requirements and/or exceptions to this commitment upon receipt of said survey. 3. Indemnity and Affidavit as to Debts, Liens and Leases, duly executed by the seller and buyer and approved by Stewart title of Aspen, Inc. 4. A. Certificate of non-foreign status, duly executed by the seller(s), pursuant to Section 1445 of the Internal Revenue Code AND B. Satisfactory evidence of the seller(s) Colorado residency (or mcorporation) pursuant to Colorado House Bill 92-1270 NOTE: Section 1445 of the Internal Revenue Code requires withholding of tax from sales proceeds if the transferor (seller) is a foreign person or entity. Colorado House Bill 92-1270 may require withholding of tax from sales proceeds if the seller(s) is not a Colorado resident. Detailed information and Forms are available from Stewart Title. 5. Deed from vested owner, vesting fee simple title in purchaser(s). 6. Evidence satisfactory to Stewart Title Guaranty Company, furnished by the Office of the Director of Finance, City of Aspen, that the following taxes have been paid, or that conveyance is exempt from said taxes: (1) The "Wheeler Real Estate Transfer Tax" pursuant to Ordinance No. 20 (Series of 1979) and (2) The "Housing Real Estate Transfer Tax" pursuant to Ordinance No. 13 (Series of 1990). 7. Deed o f Trust from the Borrower to the Public Trustee for the use of the proposed lender to Secure the loan. 09/15/2006 12:57 970379884 MICHAEL GASSMAN PAGE 04 SCHEDULE B - Section 2 EXCEPTIONS Order Number: 41741 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, enÂ©roachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records, 4. Any hen, or right to a lien, for services, labor or material heretofore or hereafter fum,shed, imposed by law and not shown by the public records. 5. Defects. liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment, 6. Unpatented mining claims; reservations or exceptions in patents, or an act authorizmg the issuance thereof; water rights, claims or title to water. 7. Any and all unpaid taxes and assessments and any unredeemed tax sales. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 8. Right of the propnetor of a vein or lode to extract and remove his ore therefrom, should the same be found to p enetrate or i ntersect the p remises h ereby granted,as r eserved in United States Patents recorded May 6, 1890 in Book 55 at Page 9, recorded January 19, 1892 in Book 55 at Page 20, recorded November 29, 1892 in Book 55 at Page 34 and recorded August 26, 1911 in Book 55 at Page 191. 9. Easements, rights of way and others matters as shown and contained on Plat of the Moore Family PUD, a Planned Community recorded Auguet 10, 1998 in Plat Book 45 at Page 81 as Reception No. 420465. 10. Terms, conditions, obhgations, provisions of Subdivision Inwrovements Agreement for Moore Family PUD, a Planned Community as set forth in, instrument recorded August 10, 1998 as Reception No. 420468. 09/15/2006 12:57 970379884 MICHAEL GASSMAN PAGE 05 11. Terms, conditions, obligations, provisions and easements of Master Declaration of Covenants, Conditions, and Restrictions for Moore PUD, a Planned Community as set forth in instrument recorded August 10,1998 as Reception No. 420466. 12. Terms, conditions, obligations and provisions of Designation of Successor and Assigns as set forth in instrument recorded August 11, 1998 as Reception No. 420552. 13. Terms, conditions, obligations and provisions of Moore Family Planned Unit Development Guide as set forth in instrument recorded August 10, 1998 as Reception No. 420467. 14. Terms, conditions, obligations and provisions of Ordinance No. 20 (Series of 1997) An Ordinance of the City Council of the City of Aspen, Colorado Authorizing and Approving an Agreement for the Extraterritorial Extension and Delivery of Municipal Water Service to the James E. Moore Family Partnership LLLP as set forth in instrumentrecorded August 11,1 998 as Reception No, 420479. 15. Terms, conditions, obligations and provisions of City of Aspen, Water Service Agreement as set forth in instrument recorded August 11, 1998 as Reception No. 420481; and City of Aspen First Addendum to Water Service Agreement recorded August 11,1998 as Reception No. 420482. 16. Terms, conditions, obligations and provisions of City of Aspen, Raw Water Agreement as set forth in instrument recorded August 11, 1998 as Reception No. 420485. 17. Terms, conditions, obligations and provisions of City of Aspen, Pretapping Agreement as set forth in instrument recorded August 11, 1998 as Reception No. 420486. 18. Terms, conditions, obligations and provisions of Collection System Agreement by and between Aspen Consolidated Sanitation District and James E. Moore Family Partnership, LLLP as set forth in instrument recorded August 11,1998 as Reception No. 420487. 19. Terms, conditions, obligations and provisions of Aspen Consolidated Sanitation District Preconnection Agreement as set forth in instrument recorded August 11 1998 as Reception No. 420488. 20. Terms, conditions, obligations, provisions and easements of Easement Agreement by and between James E. Moore Family Partnership, LLLP and the Aspen School District No. RE1 as set forth in insuument recorded August 11,1998 as Reception No. 420477. 21. Terms, conditions, obligations and provisions o f City of Aspen, Easement Agreement by and - between the City of Aspen and James E. Moore Family Partnership, LLLP as set forth in instrument recorded August 11,1998 as Reception No. 420478. 22. Terms, conditions, obligations and provisions of Resolution No. 40 (Series of 1998) A Resolution of the City Council of the City of Aspen, Colorado Authorizing Execution of the "1' Agreement for Water Service Agreement"" Relating to the Extension of Water Service to the James E. Moore Family Partnership LLLP Property as set forth in instrument recorded August 11, 1998 as Reception No. 420480. 23. Easements, rights of way and other matters as shown and contained on Moore Annexation No, 3 Plat recorded July 14, 1997 in Plat Book 50 at Page 46 as Reception No. 433364. 09/15/2006 12:57 970379884 MICHAEL GASSMAN PAGE 06 24, Terms, conditions, obligations and provisions of Ordinance No. 24 (Series of 1999) An Ordinance of the City Coimcil of the Clty of Aspen, Colorado Approving the Annexation of Certain Territory of the City of Aspen, Colorado to be known and Designated as the ""Moore Family PUD"" Armexation as set forth m inskumentrecorded July 14, 1999 as Reception No. 433361. 25. Terms, conditions, obligations and provisions of Ordinance of the Board of County Commissioners of Pitkin County, Colorado, Granting Approval of Rezoning from APR-2 and AFR.10 10 AFR-1 for Portions of the Moore Property Located Adjacent to the Aspen Public School Campus and Amending the Official County Zoning Maps Accordingly, Ordinanot No. 97-13 as set forth in instrument recorded June 10,1997 as Reception No. 405216. 26. Terms, conditions, obligations and provisions of Resolutions of the Board of County Commissioners of Pitkin County, Colorado as follows; Resolution No. 95-173 recorded October 27, 1995 in Book 797 at Page 922 as Reception No. 386826, Resolution No. 95-30 recorded October 2 5, 1 996 a s Reception No. 398334; Resolution No. 97-75 recorded May 8, 1997 as Reception No. 404234; Resolution No. 98-57 recorded April 7, 1998 as Reception No, 415352; and Resolution No. 99-132 recorded October 22, 1999 as Reception No. 436901. 27. Any and all mineral rights provided however with respect to any exploration, development or extraction in connection with mineral rights, there shall be no entty onto the surface of the property or under the surface where such entry under the surface would damage and surface improvements, as reserved by Zoom Flume, L.L.C., a Delaware limited liability company in Wairanty Deed recorded May 5, 1999 as Reception NO. 430728. 28. Terms, conditions, obligations and provisions of Memorandum with regard to Moore Family PUD Minor Plat Amendment of Lot 3, Block G, recorded July 24, 2001 as Reception No. 456842. 29. Terms, conditions, obligations, provisions and easements as set forth in Agreement and Grant of Access and Utihty Easement recorded March 4,2002 as Reception No. 464590. NOTE: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VU requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." Provided that Stewart Title of Aspen, Inc. conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception n unlber 5 w ill not appear on the Owner's Title Policy and the Lender's Policy when issued. NOTE: Policies issued hereunder will be subject to the terms, conditions. and exolusions set fonh in the ALTA 1992 Policy form. Copies of the 1992 form Policy Jacket, setting forth said terms, conditions and exclusions, will be made available upon request. =12â„¢ [ile Edit aecord LIâ€¢vigate Pgrm Reports Format Iab grid ticip -1 1@ @ 'X ) )' 4 e. ] Q.I Â® -9 Â£aj- . ] H i B >I o .g~ i jump 1 : I . 1 0 e . ]~11.@ d ..1_â€¢+3â€¢3[b O. Main ~Fee SumrnarÂ·Â£ |Parcels 8ctions Feei 1 Sub Eermits |Routing Mistory |Yaluation |Custom Fields | Permit Type M)=I~:mil.and Use zoo~-- Permit # ~0055.2006.ASLU _ Address ~0112 FALCON RD 21 Apt/Suite | City ~ASPEN state~23-3 Zip |81611 Â£| Permit I lifurtildliu, I Master Permit | .g Routing Queue ~aslu06 Applied ~10/03/2006 Project ~ ~ Status |pending Approved | Description ~ MINOR PUD AMENDMENT Issued | Final ~ Submitted |GREG 818-879-8535 ciock |.F Days TE Expires |09/28/2007 Owner -- - - Last Name ~STAPLETON ~ First Name ~GREGORY P 33061 FARINGFORD RD THOUSAND OAK5 CA 91361 Phone |(805) 449-9266 F Owner Is Applicant? -Applicant--~ Last Name ~STAPLETON ~ First Name |GREGORY P ~ 33061 FARINGFORD RD THOUSAND OAKS CA 91361 Phone ~(805) 449-9266 Cust # ~25995 Lei IJcr Last Name ~ Â£~ First Name ~ 01.-1 =1 ' ~I I Record: 1 of 1 -~ El Perm,b Pxh <Dy If FIRST AMENDED PUD PLAT OF: LOT 3 & LOT 14, BLOCK G, The _Moore Fam-ily PUD A PA-RCEL OF LAND SITUATED IN THE Nl/2SE1/4 OF SECTION 14, t 9-- -- '- 6.t 1 I Â·L. 1 .44+1,3 C TOWNSHIP 10 SOUTH, -RANGE 85 WEST OF THE 6th P.M. I'/\ COMMUNITY DEVELOPMENT DIRECTOR APPROVAL COUNT-Y OF PITKIN, STATE OF COLORADO 4 4.PU'Â·'.447 44*;.\.. f , - ... - 4.1 (Off <. \1; L, ~. 9414%%41;)~4&9<W~. --f-Â·- 141-4- This First Amended PUD Plat of Lots 3 & 14, Block G. Moon Family PUD was approved ..1 1 by the City of Aspen this day of , 2006. SHEET 1 OF 1 4 ,923 g.,2 'Â·N,I't:tbattâ€¢?Â·\Â· t:ANA. -Â·- ' C - 31.:~ ":t Â·~4 1*42221.1 ti-~.Asiia.:-Â·..44 Community Development Di~Ctor MORTGAGEE CONSENT CERTIFICATE ~~,Â· C ~~0~~~;'~~~~\1. 1.itÂ»Â» Â· .734- attest: Â· '30'7"t%& & CoP ....3 Â·Â· ; I ,1.01Â·1634Â·. 1 '. -' 4 ,-j The undersigned, being the holder of a lien h City Clerk on the property described hereon pu,Â·suant - . -~ :,11, - 21'Â·4Â· : off , 67* v /> DRIVE LOT 13 to a Deed of T,Â·ust recoÂ·,ded , -- Â·-~y.L-637-99-1.:,,-147 ~ *1 Wf..1.-f--3 ...h,4-*... P...3:9Â·Â·X< 200_ as Reception No. in the COMMUNITY DEVELOPMENT ENGINEER' S APPROVAL Office of the Clerk and Recorder of Pitkin m / 4 County, Colorado, hereby consents to and This First Amended PUD Plat of Lots 3 & 14, Block G, Moon Family PUD was approved approves the recording of this Final Plat, , Â·Â· 74., ,= .Np R ttet' 9 and hereby subordinates the lien of said by the City Engineer of the City of Aspen this dav of , 2006. B LOC K ~TIE TO PREVIOUS EASEMENT Deed of Trust to the matters set Jbrth he,ron 6*N. , M i' '.k ,/F##&Â·.1 . L' ./ ' i I '' '4' .. 7,'Â·': â€¢ t. Community Development Engineer TIE TO PREVIOUS EASEMENT Open SpaCâ‚¬ Area 6 &1 Mortgagee: 1 -0 ,-'.,*f,%:i.Â·- '-4...p....# Private Ski TF'(11.l ~ /1 ~ LOT 14 W â‚¬ LOT 15 i aA Â·Â·1 Â· 1 BV: TITLE COMPANY CERTIFICATE / ~0'~Â©cyp~;s~~aess~mEanste~ne~t & 4 The undersigned, a duly-authorized rep,esentative of , LOT 17 ~ _ %-m / ater Easement registend to do business in Pitkin County, Colorado, does hereby ~ Per Plat Rec. No. 420465 - -6 0 1% ;t \\ l: 111.7.,3;.52,0,1, 1 STATE OF COLDRADO ) - 1-Â»j~i<:I:-24&~*<~~~~4.j~ \Gu<4.;~,i<~i / \ 4" . 2 certify, pursuant to Section 26.480.060. b. 4 of the Aspen Municipal Code, uyt % O-02 1 -37444 k . that the persons listed as owner(s) on this Nat are the owneâ‚¬s) 0*b LOT 16 - Found Rebar & Cap giNTY op ) NZE-jiâ‚¬04 '.Â·.34...4-f441~Â·- ,),~~~Â·.'r',~,~i' .11Â·ft, themof in Ae simple, free and clear of all liens and encumbrances. . LS # Illegible ' - 9.0.-2-t -4Â·:>Ek.9.j~~~frt**1. t. , 1 h ./ - , 1 ... .Â·il Â· Â· *' 'll'. ' ' '2(+2*'',4 THE FOREGOING INSTRUMENT WAS :44 lip , PO H ACKNOWLEDGED BEFORE ME T IS . 619-4. -- I - C - %...r"~ . D ' bv: DAY OF 11.-l- - , . i Title Examiner Revised Private ccess E sement, Emergency Acce s Ease ent and , A. D. 2006, 1 BY , â‚¬90;-9 . .4 Water Easement Limits of Activity . .0. 1/ address: Per This Amende P.U.D. Envelope 20' wide Private Access Easement, Â·Â· >ey.. L .0 , 1. . .1 , f. , 1 'Â· Â·/ '-AFf /*Us. &Â·. 'Â·,''ityfjllF,--Â·. . I Â· .2.: , '0' 0 2 9'...24Â·'i . , # I :--9 ' I - ---Pi.:aijÂ·~,~.'Â·Â·vsÂ·~.,4.'.,~t~*Rk~ Emergency Access Easement and MY COMMISSION 6.4 EXPIRES: CERTIFICATE OF DEDICATION AND OWNERSHIP ~,1,008 Water Easement ~ ~ ~ Per Plat Rec. No. 420465 1< \ Know all men by these presents LOT 2 / <f WITNESS MY HAND AND OFFICIAL SEAL. $ t I '' Cj th,-25' / NOTARY PUBLIC that the undersigned, being the owners in fee simple of cdt of the land within = VICINITY MAP FRI T' i Lots 3 and 14, Moore Family PUD, according to the plat thereof recorded August 10, Open Space Area 7 ./ 1998 in Book 45 at Pages 81-89 as Reception No. 420465, hereby amend said 4% / , %E plats as ibllows: S ~CAEÂ·* = 2006 ~ 13 PROPERTY DESCRIMION A <\ AREA MAP 8:~601,4, 15~ affi L Building Envelope l PURPOSE STATEMENT: 6\ *t LOTS 3 and 14, BLOCK G SCALE: 1" = 100' , 74. 4 The Moore Family Planned Unit Development, a Planned A. Realign and widen a potrtion of the Private Access Easement, Em,ergency Access 9 4 + / 1% .. Community, Recorded August 10, 1998 in Book 45 at Pages 81-89 Easement amd Water Easement, extending from Falcon Road, tbat serves to provide / Easement and Emergency Access ~ Vt Centerline 20' wide Private Access as Reception No. 420466 in the Reconis of Pitkin County, Colorado. access to Lot 3 and fronts lat 14 (although Lot 14 uses an alternate mad for ACTIVITY ENV. / EXCHANGE Easement and Water Easement 1 access) terminating in a break-away gate. 905 SQ. FT. J Per Plat Rec. No. 420465 B, Widen the southerly edge of an existing activity Envelope (+ 1,592 sq. ft. J by \ - swapping the area from the existing building envelope f-687 sq. ft.1 and the Â· 2 1. 12.161 -~ - -- existing activity envelope (-905 sq. JL total = -1,592 sq. jl.1. Â« 6 - BLD. ENV. 1-N 10'34'17" W LE10 4> "~> EXCHANGE , 39.91' , <* 9 7793 11 87 SO. FT./ S- , -- R / 9 / A NOTES - LUIst---_ day of ~61 0 _ e ' 2006 <1 0, % S Dole st Svuey. hma 2005. 67 20* -CQ(ZÂ·JE -PREY'QUS_8511tn' ENVELOPE - - ~ - C& 0, Found Rebor & 2) Date of Preparation: July 2005 and September 2006. 1 / -3-5,84%*- 3) Basis of Beo.'ring: A beaving of N 12Â°34'51" W from the NE corruer of Lot 3. Gregory P amd Elaine Stapleton, OU)71â‚¬TS Cap LS #20133 13*~iÂ©*2â‚¬2-67.69' - C9 LE8 ,Â« / LOT 14 Stole of C*mAA ) 4 4.* - \El t. , monumented by a found rebar and cap, illegible, and the NE corner of Lot 15, 7 ss 191' ./ C5 monumented by a fbund Tebar antd cap, illegible. PROPOSED RETAINING WALL TYP ) County of Pitkin ) Open 4) Basis of Survey.Â· The Final Plat of the Moo're Family Planned Unit Developement. - the jbnegoing instrument was acknowledged bejbne me this ______ day of , 03 - - ----- \ *6030 10 Space (rec #420465). valiOUS documents of reco,d, and the jbund monuments, as shown , 2006 by - - witness my hand and official seal: / - co @ Area 6 & 5) This survey does not constitute a titte search by Sopris Engineering LLC (SE) to N my commission expires. / Centerline 20' wide Private Access \ Centerline 30' wide Private Access -1 3 Private determine ownership or easements of Tecord. For all information regarding easements, Easement and Emergency Access LEasement and Emergency Access ~g rights Of way and/or title of record, SE relied upon the above said plats described in / , Easement and Water Easement \ Easement and Water Easement O note 4, No title commitment was used in the prepamtion of this mall Ski Trail notary public Found Rebar & , Per Plat Rec. No. 420465 ~ Per 7his Amended P. U.D. Cap, LS 020133 my addless is / I '' .t .& ' m 1 1 116 16.30 Z,- 1-EDGE OF AC11VITY ENVELOPE . . ' PER THIS AMENDED PUD W Iot 14, Block G EX/SUNG EDGE OF ASPHALT 9 executed this day of . 2006 *D~ Found Rebor & Cap â€¢ CO by: 03,06 1. LS # megible LOT 3 0 to Afeâ‚¬t J and Aldona M /Â¥incipe, Owners w MOORE FAMILY PUD HOMEOWNER' S ASSOCIATION CERTIFICATE Rebar and Cap State of Colorado ) ck F LS #28643 (Set) This Plat is approved by the Moore Family PUD Homeowner's Association this )SS 9% clay of , 2006. *'-1 County of Pitkin ) 0 the foregoing instrument was acknowledged before me this day of , 2006 by ~ 33.0' Chairman witness my hand and official secd: my commissâ‚¬on expires.Â· Rebor and Cap J LS #28643 (Set) -1 notary public C. SURVEYOR' S CERTIFICATE S 85Â°38 16 W 404.25 my address i.9.Â· Amended PUD Plat of k,ts 3 & 14. Block G. The Moon Famitu PUD as laid out, platted, dedicated LINE LENGT} BEARINC Datec , 2006 I, Mark S. Beckler, a registered land survevor, do hereby certify that I have prepared this First LRebar and Cap and shown hereon; that the same is based on field surveys perjbrmed under my supervision; that LS #28643 (Set) Open Space Area 7 this meets the requirements of a Land Survey Plat as set jb,Â·th in CRS Section 38-51-106; The control precision is greater than 1 in 10,000. Reco,ded easements, rights-of-way and restrictions are those set forth in the plat of The Moore Family Planned Unit Development a Planned LEGEND GRAPHIC SCALE Community, Recorded August 10, 1998 in Book 45 at Pages 81-89 as Reception No. 420465 of the Pitkin County Reconis. 120 [/////1 ACTIVITY ENVELOPE EXCHANGE = 905 SQ. FT. UNE CHART EX\\1 BUILDING ENVELOPE EXCHANGE = 687 SQ. FT. LE1 5.79' S 12-34'51' E ( IN FEET ) 1,592 SQ. FT. CURVE TABLE LE2 14.50' N 7773'29" E 1 inch = 30 ft CURVE LENGTH RAD/US TANGENT CHORD BEARING DELTA LE3 17.50' S 12'34'51" E MARK S. BECKLER, P. LS. # 28643 Cl 32.33' 175.00' 16.21' 32.28' N 82'40'45" E 10'35'07" LE4 13.41' N 77'23'11" E C2 54.24' 635.48' 27.14' 54.23' S 85'31'35" W 453'27" LE5 23.71' N 41'27'11" E C3 1Z28' 635.48' 8.64' 17.28' S 8218'06" W 1511'31" LE6 16.59' N 07-33'29* W C4 17.21' 166.00' 8.61' 1Z21' N 8416'44" W 536'30" LE7 21.47' N 8714'59" W C5 79.64' 226.00' 40.24' 79.23' N 88'35'49" E 2011'24" SOPRIS ENGINEERING LLC LE8 67.69' N 7850'07" E CLERK AND RECORDER' S ACCEPTANCE C6 47.11' 166.00' 23.71' 46.95' N 70'22'22" E 16'15'31" LE9 32.84' N 6214'36" E This First Amended PUD Plat of Lots 3 & 14, the Moore Family PUD is accepted for filing C7 41.19' 151.00' 20.73' 41.07' N 70'41'11" E 15*37'52" CIVIL CONSULTANTS LE10 71.53' N 77'23'11" E o'clock in the office of the Clerk and Recorder of Pitk'in County, Colomdo at C8 74.35' 211.00' 37.57' 73.97' N 88-35'49" E 2011'24" 502 MAIN STREET, SUITE AB day of , 2006, in Plat Book , at Page C9 18.77' 181.00' 9.39' 18.76' N 8416'44" W 556'30" , Reception no. NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL CARBONDALE, COLORADO 81623 ____.ni, this ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS Clo 16.60' 620.48' 27.14' 54.23' S 85*31'35" W 1'58'53" 25141 10/16/06 75141-AMEND-PUD AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN (970) 704-0311 Pitkin County Clerk and Recorder YEARS FROM THF DATE OF CFRTIFICATION SHOWN HFRFON