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Land Use Case.1230 Tiehack Rd.0050.2006.ASLU
1200 TIEHACK RD BLDG ENV ADJUSTMENT_ 273511309007 CASE 0050.2006.ASLU f 1 *f('kFKPEb - 12J 011 S R 7 City of Aspen Community Development Dept. CASE NUMBER 0050.2006.ASLU PARCEL ID NUMBER 2735-11-3-09-007 PROJECT ADDRESS 1200 TIEHACK RD PLANNER JESSICA GARROW CASE DESCRIPTION AMEND SHAPE OF THE DEVELOPMENT ENVELOPE FOR LOT 7 1 REPRESENTATIVE DOUG RAGER 927-1780 DATE OF FINAL ACTION 12/12/2006 12 CLOSED BY Johannah Richards CITY OF ASPEN Permit Receipt RECEIPT NUMBER 00019234 Account name: 25415 Date: 9/7/2006 Applicant: RALPH & LYNNE WHIPPLE Type: check # 4137 Permit Number Fee Description Amount 0052.2006.ASLU Cal fee to Receipt Deposit 675.00 Total: 675.00 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 of this Order. ~ This Development Order is associated with the property noted below for the site specific development plan as described below. LANSFAM H LLC ; 30 S WILLOW CT ASPEN, CO 81611; (970) 544-0400 Properly Owner's Name, Mailing Address and telephone number SUB:MAROON CREEK CLUB LOT:7, located at 1200 Tiehack 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 30th day of October, 2006, by the City of Aspen Community Development Director. Chris Bendon, Community Development Director PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval o f 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:MAROON CREEK CLUB LOT:7 , located at 1200 Tiehack 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 ofthree (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: 1200 Tiehack Road., City of Aspen, by Administrative PUD Amendment of the Aspen Community Development Director. 11111111 111 - lili-1 1 -111111-1 Page: i of 6 52E 7 09/11/2006 12:09I JANICE K VOS CA_DILL PITKIN IDLN.TY CO R 31.00 D 0.00 MEMORANDUM Chris Bendon, Community Development Director JAA TIIRU: Joyce Allgaier, Deputy Director FROM: Jessica Garrow, Planner I JW~ RE: Lot 7 Maroon Creek Club Subdivision Development Envelope Change Parcel Number: 2735-113-09-007 DATE: September 1,2006 SUMMARY: Leonard Lansburgh. represented by Doug Rager o f Doug Rager Architect PC, has applied for an Insubstantial PUD Amendment to amend the shape o f the development envelope for Lot 7 of the Maroon Creek Club subdivision at 1200 Tiehack Road. The proposed changes are attached as Exhibit 6,13". APPLICANT: Leonard Lansburgh, represented by Doug Rager of Doug Rager Architect PC LOCATION: 1200 Tiehack Road; Lot 7 Maroon Creek Subdivision ZONING: R15A PUD (Maroon Creek PUD) REVIEW PROCEDURE: l'he Community Development Director may approve, approve with conditions, or deny an Insubstantial PUD Amendment pursuant to 1.and Use Code Section 26.445.100(Ah PUD Insubstantial Amendment. STAFF COMMENTS: I he proposed changes to the Development Envelope will enable the lot to have driveway access from the south rather than the north portion of the lot. The Development Envelope change will not affect the Building Envelope, and will result in a net decrease in Development Envelope size equal to approximately fifty (50) square feet. Staff finds that the Development linvelope change meets the review criteria for an Insubstantial PUD Amendment. 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. 1 APPROVAL: I hereby approve an Insubstantial PUD Amendment to change the Development Envelope on Lot 7 of the Maroon Creek Club subdivision. as represented on the plans attached hereto as Exhibit "B" The dimensions contained within Exhibit "B," dated September 6,2006, are the surveyed line and curve dimensions as submitted by Stephen Elhers, Professional Land Surveyor, that depict the amended development envelope and apply to the Third Amended Plat, Lot 7 Maroon Creek Club Subdivision & PUD as recorded in Book , Reception No. dall, 3. Qy Chris Bendon, Community Development Director ATTACHMENTS: Exhibit A -- Review Criteria and Staff Findings Exhibit 13 -- Transmittal and Survey Data, Schmueser. Gordon, Meyer lingineers & Surveyors, dated September 6,2006. ~~ -~~~ ~~~~ ~~~~ ~ ~~~~~~ ~~~~~~~ ~~ ~ 09/11/2006 12 :09 ' 1" 528447 ~~~ ~ Page: 2 of 6 JANICE K LOS CAUDILL PITKIN COUNTY C) R 31.00 D 0.00 2 ExmBIT A: REVIEW CRI'rER]A & 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 enable driveway access from the south portion of the lot rather than the north portion of the lot. Staff finds this criterion met. 2. An increase by greater tlian three (3) percent in the overall coverage Of structures on the land. Currently there are no structures on the land. 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 Development Envelope on a currently planned but undeveloped parcel. 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. T he 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 easenients. The proposed change will not impact the pavement widths or rights-of-way for streets or easements. The change will only impact the Development Envelope on the lot in order to provide driveway access from the south portion of the lot rather than the north. Staff finds this criterion met. 7. An increase of greater than two (2) percent in the approved gross leasable floor area of commercial buildings. 1-1 H I-ill 1 1 1 I Ill N Il-I Page: 3 of 6 528447 09/11/2006 12:09 JANICE K VOS CAUDILL PITKIN .)UNTY CO R 31.00 D 0.00 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. I he proposed change will not impact the density of the development. The change will impact the Development Envelope, not the Building Envelope. 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. Ihe proposed change is consistent with the PUD s original approval. The change will result in a net decrease in the Development Envelope and will not impact any dimensional requirements or the Building Envelope. Staff finds this criterion met. ~ 09/11/2006 12:09 lili 11' 111/ 528447 11,1111 lilli 11 11 Mt Page: 4 cf 6 JANICE K VOS COUDILL PITKIN CCUN--Y Co R 31.00 D 0.00 III,I/06/2006 13:29 FAX 970 945 594° SCHMUESER GORDON MEYER Q]001/002 ... *k,0 6,+ B .. ... .. ••• Glenwood Springs Office: (970) 945-1004 .. ... FAX: (970) 945-5948 .. SCHMUESER | GORDON | MEYER ING'HEER; .SURVEYO.6 Aspen Office: (970) 925-6727 FAX: (970) 925-4157 Crested Butte Office: (970) 349-5355 FAL (970) 349-5358 SCHMUESER GORDON MEYER, INC. 118 West 6* Street Suite 200 Meeker Office: (970) 878-5180 Glenwood Springs CO 81601 FAX: (907) 878-4181 http://www. szm-inc.com MISSION STATEMENT: We eist to make our clients Successful. We do this by understanding their development and infrastructure needs, and the unique environment of the valley communiths where wi live. We provide responsive, appropriate Engineering, surveying and consulting services to achieve our dients' goah while protecting the health safety, quality of life and mountain environment of our neighbon. 8 - c~<14 C i Ja A m.a.~141 Q64- 0 2 4 Project: 1,(- 7 (hevcc.4 tr,t!0 Project No: 20(] 0 - 3 5-G .c; c / Date: G f.•,7 1 0 6 01 \ 10 01 1 0- ® To: ~0 1 -4, C Fax: 920 - 3-4-3 9 To: ' Fax: ___-n To: , Fax: To: Fax: To: Fax: To: · Fax: nou.· f f--e-< 54(<rf [ ] Original mailed. [ ] Original not mailed. 1 COMMENT: In Fs, hay- +4. 7X i r.1. A rh, Al-i F)2-4- 1-j- 7. ¥h ov t.ch CY.€44 c 1.-6 CQM[leCNIMUIUmIlg< This facsimile transmission (andto, documents accompanying it) may contain confidential information bilonging to the sender, which is protected by the enzinee,/client privilege. The information is intended or,4 for the use of tho individual or entity named above. If you are not the intended recipient, you are hereby notified that iny disclosum, copying, distribution, or the taking of any action in reliance on the contents of this information h stricuy prohiblted. If you have received this transmission in error, please immediately notify us by telephone to *mnge for return of the documents. Thank you. Total pages (Including this page): 7- . Please call H this amount of pages was not receivid. L#nm,/-10/,n 6 62:09 528447 JANICE K FJS CQUD L PITKIN JUNTY CO R 31.00 09/06/2006 13:29 FAX 970 945 594° SCHMLTESER GORDON MEYER ©]002/002 1 1.» 1 DT' 10 \ ND Pr AWL 1 1 DE pRI,MIE- 1 «i S EASEMENT-1 7» AREA TO BE SUBTRACTED FROM EXISTING - C.4 r DEVELOPMENT ENVELOPE AREA El) RULE & ORDER ~ - DED FEBRUARY 17. \1999 4. UP nON NO. 427970 .7.1 0 i 1 u P 2 / //%20. N 00-00'0~ E 6 904 1 « 4 14 1.95'1<7 / I 4 JO.00, .~9.75.--4-£-4-N 0%29. 4 r ¥' 0 ..%. 7~ g* , u a. i le -- *- m 124 \\ X- - ..1.NW'49* U --.-il- I I Ill.-I ./ -*--Il-I- ./g, 5 1 4 « V , 34* TVIC - 20' -4 /2\»A 0 6 -\ 1 \<,43 -50#.i. I - €43 \ 21 14 f )T 5 \ toi ) M 014 : 1 U 1 *44\3\ ~LmE ' °433//1 ~ 0 -1.4/~Py.>f:v:.9 · 0~ \ re \ \ e -44, 43. / 0, \\ <3436 \ 74/4441/2% <al - 471 'dko 7 \-1 €9?~ I AREA TO BE ADDED TO DEVELOPMENT 2/U, ENVELOPE AREA 2216 SQ. FT. 111-1 lilli 11 1111-1111-111111- lili lilli lili lili Page: 6 of 6 528447 09/11/2006 12:09 JANIZE K VOS CA DILL PIIKI COUNTY CO R 31.00 D 0.00 14 6-42 1 ~' '02 ASPEN CITY OF 528446 130 S GALENA ST ASPEN CO 81611 CLERK ro THE CITY OF ASPEN Land Use Application Determination Of Completeness Date: August 29.2006 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 0050.2006.ASLU, 1200 Tiehack Road and 2735-113-09-007, 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 lor us to begin reviewing it. We need the following additional submission contents for you application: Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. ® 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. ihank You. 1 U~j ~i (A/MA~« ~ Jessica Garr~jwl Planner Lgity of AspknjCommunity Development Department C:\Documents and Settings\jessicag\My Documents\Cases\1200 Tiehack - Marron Creek lot 7\CompletenessLetter_1200Tiehack.doc 54 4 01 (0 - 400 -76 f¥«_ FO 0100 05'r -7 CPO -fo r Al AFL- A R,O ··Aff»+ly AUG-24-2006 11:45 From:WILLIAM Ll ; AIA WILLIAM LUKE$ , ASGOCIATES PROJECT MANACR Mr.NT ARCUTTECTUBE 24 August 2006 Doug Rager 1780 Snowmase Crock Road Snowmass, Colorado 81654 fax to 927-1780 re: Maroon Creek Club Lot 7 Site and Architecture Review Committee Approvals Doug: This wIll confirm that the Site Mnd Archileclure Review Committee of the Maroon Creek Club VIaster Association, by a vote of the Committee members pregent at the August 22.2006 meeting, gren ed the following approval: FInal [con,tructlon documen,] Architictural Approval and Design Development Landscape Approval for Lot 7 as provided by the Maroon Creek Club Design Guidelines based on plans received August 11, 20)6 Approval to proceed with congtruction was included in the approval granted, subject to compliance with the following conditions. By the vote of the Committee members presenl, Mis approval is subject to the following conditions Standard Conditions of Approval 1. No variances from the Maroon Creek Club Design Guidelines are given or implied by this approval, except as specifically identified herein. 2. Payment to the Association of the Design Review Fee and payment to the Assocjation of th 3 Road Impact Fec have been made 3. Signed and returned the Maroon Creek Club Master Association Compliance and Conslruction Completion GIJAranty anci provided a Letter of Credit or equivalent financial security in the amount of One Hundred Thousand Dollars [$100,000.001, in a form and froni a source as is acceplable to the As•oci,ation. 4. The approved language and form for a letter of credit Is available at zmw,willigrnlukoo-com 5. Failure to construct}n accordenge with approved plans or failure to comply with the approval process may result in forfeiture of some or all of the 3ecurity under the Conipllan,;e and Conntruction Completion Guaranty. 6. All proposed changes to approved plans, whether occurring before or during constr jetion, or after a house is completed and occupied, must be approved by SARC prior to start ng the construction of the affected areas or components. 7. In orderto avoid misunderstandings, all approvals mustbe in writing:and signed by eitigrthe Construction Advisoror another representatlve of SARC. No approvais will be given v erbally by the Construction Advisor or Architectu,al Advisor at miti visits or other times. Pt,5 1 01,1- C[f DVA 9389 Asp: N COLORADO t¢16,11 970 910.6914 Al· 910.6936 I n .M . 1.1.LL-11 Ill LI flif 1 24 Augusl 2003 Page 2 Specific Condilions of Approval: 1. Additional ilems required to De submitted to SARC for review and approval: A, Fina] landscape and Irrigation plans within 45 days, B. A flilly signed and recorded copy of the amended plat. C Any plans or details of grading or landscaping proposed for the area adjacent to the driveway along the Lot 6 property line in order to make a grade transition In that ar® 3. This should be submitted with the final landscape plans. 2. Varlances were granted or confitrned for the following: A. None. 3- No expoged motal flue caps or flue extensions willbe allowed. No·projections will be allowe 1 st the tops of chinineys which are not completely within the chimney perim•targ end below lhe cals. Any visible metal work, If approved, shall comply with the DG for finish. All exterior retaining walls are to be clad in the same masonry veneer aA Wle house, per thE DG. 5. Approval was not granted to place any mechanical equipment on roofs. IMPORTANT NOTES: Construction that In either not in full accordance with the approved documents or thet hus not been approved In advance will rgsult in substantial fines being levied against the p,operty owner. leunds used to secure the Constructlon and Completion Guarinty may be collected by the Master Azzeclation to pay any fines that are assessed. Approval by the Site and Architecture Committee of the Maroon Creek Club Master Assochition does not gonmlitute an assurance that the design of the project or the application complies with all applicable provisions of the County approvals for the Maroon Creek Club or that a building ~ormit will be issued. It is the owner's responsibility to obtain building and other permits as maY be required by the City of Aspen. Please let me know If you Mave any questions regarding the Committee's action, or If we can be of any further assistance. We will return one set of the approved plans to you for the owner's records, Sincerely, MAROON CREEK CLUB MASTER ASSOCIATION Site and Architecture Review Committee By: 2 William Lukes AIA Architectural Advisor to SARC 00ples: Gary Albert, Predident. MCG Master Association Steve Elliott and Sarah Smith, Joshua & Co., Association Manager Scott DoWind, Conetruction Advisor Doug Rager, Architect P.C. 1780 Snowmass Creek Road Snowmass, CO 81654 970-927-1780 phone & fax Doug@DougRagerArchitect.com July 17, 2006 City of Aspen PROJECT: Lot 7, Maroon Creek Club PARCEL ID#: 2753511 TYPE OF APPLICATION- Insubstantial Planned Unit Development (PUD) Amendment Lot 7 Owner is: Mr. Leonard Lansburgh 30 South Willow Court Aspen, CO 81611 544-0400, fax 544-0441, cell 618-9826 Authorized Representative is: Doug Rager, Architect P.C. 1780 Snowmass Creek Road Snowmass, CO 81654 970-927-1780 phone & fax Doug@DougRagerArchitect.com Address & Legal Description: (1200) Tiehack Road, Subdivision: Maroon Creek Club, Lot 7 DESCRIPTION: The prospective Applicant would like to amend the shape ofthe development envelope for Lot 7 ofthe Maroon Creek Club Subdivision and PUD with no net increase in the area ofthe envelope. The lot is part ofa Planned Unit Development (PUD) and PUD Amendment approval is required to modifr the PUD and allow the alteration of the development envelope. Approval to apply for the amendment shall be provided by the Homeowners Association. Thank you, i.de f=:Apt- Doug Kager I Leonard Lansburgh authorize DougRager. Architect P .C., as my representative on this project. Signed- _/~~~~ Dated: 9/)9 25#3 Izonard UAsburgh ~ Doug Rager, Architect P.C. 1780 Snowmass Creek Road Snowmass, CO 81654 970-927-1780 phone & fax Doug@,DougRagerArchitect.com July 17, 2006 City of Aspen PROJECT: I.nt 7, Maroon Creek Club PARCEL ID#: 2753511 TYPE OF APPLICATION. Insubstantial Planned Unit Development (PUD) Amendment Lot 7 Owner is: Mr. Leonard Lansburgh 30 South Willow Court Aspen, CO 81611 544-0400, fax 544-0441, cell 618-9826 Authorized Representative is: Doug Rager, Architect P.C. 1780 Snowmass Creek Road Snowmass, CO 81654 970-927-1780 phone & fax Doug@DougRagerArchitect.com Address & Legal Description (1200) Tiehack Road, Subdivision: Maroon Creek Club, Lot 7 DESCRIPTION: The prospective Applicant would like to amend the shape ofthe development envelope for Lot 7 ofthe Maroon Creek Club Subdivision and PUD with no net increase in the area ofthe envelope. The lot is part ofa Planned Unit Development (PUD) and PUD Amendment approval is required to modify the PUD and allow the alteration ofthe development envelope. Approval to apply for the amendment shall be provided by the Homeowners Association. Thank you Doug Kager I Leonard Lansburgh authorize Dow*Rager.ArchitectP.C., as my representative on this project. /99/ a Dated: ~ 7 ,2006 Leonard Iinsbigg# ~ Doug Rager, Architect P.C. 1780 Snowmass Creek Road Snowmass, CO 81654 970-927-1780 phone & fax Doug@DougRagerArchitect.com July 17, 2006 City of Aspen PROJECT: Lot 7, Maroon Creek Club PARCEL ID#: 2753511 TYPE OF APPLICATION: Insubstantial Planned Unit Development (PUD) Amendment DESCRIPTION. The prospective Applicant would like to amend the shape ofthe development envelope for Lot 7 ofthe Maroon Creek Club Subdivision and PUD with no net increase in the area ofthe envelope. The lot is part of a Planned Unit Development (PLTD) and PUD Amendment approval is required to modify the PUD and allow the alt¢ration ofthe development envelope. Approval to apply for the amendment shall be provided by the Homeowners Association. 1. A change in the use or character ofthe development. No change is to be made in the use or character of the development. 2. An increase by greater than three (3) percent in the overall coverage of structures on the land. There is currently are no structures. 3. Any amendment that substantially increases trip generation rates ofthe proposed development, or the demand for public facilities- This proposed change does not qffect the trip generation rates or the demand for public facilities. 4. A reduction by greater than three (3) percent ofthe approved open space. There will be no net change in the areafor open space. 5. A reduction by greater than one (1) percent ofthe off-street parking and loading space. There currently is no parking or loading space as it is undeveloped land. 6. A reduction in required pavement widths or rights-of-way for streets and easements. The proposed change will not o#ect any right of ways or pavement widths. This change allows the driveway to enter from the south end of the lot instead of the north end of the lot nmning along Tiehack Road. 7. An increase of greater than two (2) percent in the approved gross leasable floor area of commercial buildings. This is a undeveloped residential property which does not apply. 1 7 .1, 8. An increase by greater than one (1) percent in the approved residential density ofthe development. This will not increase the residential density of the Maroon Creek Club development. 9. Any change which is inconsistent with a condition or representation ofthe project's original approval or which requires granting a variation from the project's approved use or dimensional requirements. This change does not qffect the approved use or dimensional requirements of the original approval. There is no net change in the area of the building envelope. The envelope is amended to allow the access of the driveway to enter from the south end of the lot instead of the north end of the lot ninning along Tiehack Road. Thank ygu, 1-»-46434447 boug Rager 2· CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for hvment of City of Aspen Development Application Fees CrrY OF ASP™ Cneremaaer Crm and LEON ARO LANJOUR@ H (hereinafter APPUCANT) AGREE AS FOLLOWS: 1. APPLICANT Ams submitted to CITY an application for .LA/<IRS-OVIAL PL*KINED U.NIT DEVEL-o P,v\EuT (PUbb AMENDAILEN T (liereiIaftcr, THE PROJECT). 2- APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee stnicture for I.and Use applications and the payment of- all processing fees is a condition precedent to a detennination ofapplication conipleteness. 3. 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 of the costs involved in processing the application- APPLICANT and CITY further agrre thal it is in the interest of the parties tliat APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvak APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred- CITY agrees it will be benefited through the greater certainty ofrecovering its full costs to process APPLICANT'S application- 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision- 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of S which is for hours of Community Development 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 ofthe application mentioned above, including post approval review at a rate of $220.00 per planner hour over tbe initial deposit Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid_ CITY OF ASPEN APPLICANT i- e c-n- p-ap L em#4-,A ~ By: By: //-3/ :/ Chris Bendon c.*T-1 /\ 1 Community Development Director Date: D r/9/64 1 1 Bill To Mailing Address and Telephone Number: 3 0 50 w·r- M \Al-uu-0 w diONVF AspEw, CO 91(011 54£41-0400 g:\support\forins\agrpayas.doc 02/01/06 ATTACHMENT 2 -LAND USE APPLICATION A~UCANri blaine LEON*Rt) 2-AwsBuRGH Location: (rzed) -GEHpar Ro,O , Suat AARooN C..REEK CLLL,-8, Lo-r -7 (Indicate steet address, lot & block number, legal description where appropriate) Parcel ID# (REQUIRED) 2-79.5-// 309007 REMtESENTAmt Name- ., 4- Doug- 12,apit f AR<.HI-rax R 6, #. ~~RB KNot.., ARS< (-RE E K R (,AD , -SNOWAB<f L-0 8/459 Pit 970- 9277 - /7 8 0 pl In N AA,\ReDM C.26£32 CL.o q , LOT- 7 AL---7 Phone #: 4 7/2 -92.-7 - 1760 TYPE OFAPPUCATION: (please check all that apply): [3 Conditional Use D Conceptual PUD El Conceptual Historic Devt. £ Special Review ]M~ Final PUD (& PUD Amendment) E Final Historic Development D Design Review Appeal [3 Conceptual SPA U Minor Historic Devt. O GMQS Allotment . O Final SPA (& SPA Amendrn:nt) [3 Historic Demolition U GMQS Exemption E Subdivision 01 Historic Designation O ESA - 8040 Greenline, Stream U Subdivision Exemption (includes E] Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane U Lot Split O Temporary Use [3 Other: [3 Lot Line Adjustment O Text/Map Amendment EXISTING CONDrrIONS: (description ofexisting buildings, uses, previous approvals, etc.) UNDEVELOPG LAND , PROPOSAL: (description ofproposed buildings, uses, modifications, etc.) AMEND THE .1 WK-PE OP THE DEval-c'?/ME#aT EkvELe?E Gr U)-T 7, /4.1Ro0\1 4€'EN A CLUB, No Ner IN LAGASE IN -1-WE AREA 02 TUE BULLbrk€ EllvELe?C, Have you attached the following? FEES DUE: S . 8 Pre-Application Collfe[ence Surn=ry IEFAttachment #1, Signed Fee Agre~ent 4 9 Response to Attachment #3, Dimensional Requirements Form ® Response to Attachment #4, Submittal Requireinents- Including Written Responses to Review Standards Anplans that arebrgerthan &5"x 11" must be folded and a noppy disk with an electronic copy of all written text (Microsoft Word Format) must be submitted as part of the application 1,110-N 01- . '. I MAPOWEST J 1200 Tiehack Rd Aspen CO 81611-2528 US Notes: C MAPQWITT 3 ,10Om ' 300ft 3 4 Cnlk 44 Z GOV Pt:ter Pi 0, €*Un* C 9 0 2. 2 r 9 44 2 2 7. .C :5 . -:·,··.4 24*I :*fl: .+2=¥26 ...):*E.. ·. r ¥- f S .:#Fillib S Meadow in :al~ill '. . i 2:24,8/.1/M ': .40/0- 1, . , 99;:. R~ ..'lliS·.~~ i .4.4 0 ¥i'llinlimh // 7./.9£44. 14 1 a. I . ., Ji:elff... I 'le=. 2=////0.1 ..4.-EF . 02008 MEDQueeO,c:02006 Tefe Atbom 4~ G,e¥ Tslon Ct PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, 3rd Floor ASPEN, COLORADO 81611 970-925-1766 I 970-925-6527 FAX May 2,2006 LANSFAM 11 LLC 30 SOUTH WILLOW CT. ASPEN, CO 81611 ATTN: RE: LOT 7, MAROON CREEK CLUB - PCT20090L4 Pitkin County Title, Inc. is pleased to provide you with the owners policy along with the following endorsements relative to the above mentioned file: Endorsement Form Endorsement Form Endorsement Form Endorsement Form Endorsement Form Endorsement Form Please review the policy in its entirety. We at Pitkin County Title, Inc. believe in providing you, cur customer, with a quality product which will serve your needs. In the event you do find a discrepancy, or if you have any questions or comments regarding your final policy, please contact us and we will gladly handle any request you may have as efficiently and quickiy as possible. We have assigned the above number to your records to assure prompt processing of future title orders involving the property. if you sell or obtairi a loan on this property within 5 years, ask your broker or agent to contact our office to ensure re-issue rates which may be available to you. Thank you very much for giving Pitkin County Title, Inc. the opportunity to serve you. Sincerely, Vincent J. Higens President Vh Enclosures: OWNER'S POLICY OF TITLE INSURANCE Issued by Lawyers Title Insurance Corporation POLICY NUMBER Ily LandAmerica Le#yefs Title Insurance Corporation is a member of the A75-Z041032 62I Lawyers Title LandArnefica farniy of tlle insurance unde,writers. SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, LAWYERS TITLE INSURANCE CORPORATION, a Virginia corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or len or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a nght of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, LAWYERS TITLE INSURANCE CORPORATION has caused its corporate name and seal to be hereunto affixed by its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or agent of the Company. LAWYERS TITLE INSURANCE CORPORATION 2 074 0 Attest: fiCS £ * E)=% 3 By 44.64 .4 60-64 A Secretary f / President \J EXCLUSIONS FROM COVERAGE The following matters are expressly exduded from' the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; 09 the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or Ov) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding or, the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse daims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured daimant prior to the date the insured daimant became an insured under this policy; (c) resulting in no loss or damage to the insured daimant; (d) attaching or created subsequent to Date of Policy or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason cf the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: 0) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. NM 1 PA 10 ALTA Owner's Policy (10/17/92) Valid Only If Schedules A and B are Attached Form 1190-74Z ORIGINAL OWNER'S POLICY OF TITLE INSURANCE THANK YOU. American Land Title Association (10/17/92) Title insurance provides for the protec real estate investment. We suggest yc policy in a safe place where it can available for future reference. If you have questions about title insur Issued by coverage provided by this policy, I Lawyers Title write: office that issued this policy, or you Insurance Corporation Lawyers Title Insurance Corporation Consumer A#airs P.O. Box 27567 Richmond, Virginia 23261-7567 ~ 6 Pitkin County Title, Inc. telephone, toll free: 800 446-7086 ~ 601 E. Hopkins Ave. 3rd Floor web: www.landam.com ~~*pj Aspen, Colorado 8161 1 ~1766 Ph./970-925-6527 Fex We thank you for choosing to do bi 877-217-3158 Toll Free Lawyers Title Insurance Corporatioi forward to meeting your future title needs. Lawyers THIe Insurance Corporation Lawyers Title Insurance Corporation b a member of the landAmerica family of title insurance is a member of the LandAmerica family of underwriters. underwriters. Iky LandAmerica Wly LandAmerica I Lawyers Title I Lawyers Title LandAmerica Financial Group, Inc. 101 Gateway Centre Parkway , Richmond, Virginia 23235-5153 90-74Z www.landam.com POLICY NO. A75-Z041032 CASE NO. PCT20090L4 SCHEDULE B-OWNERS -EXCEPTIONS-CONTINUED-- 14. Terms, conditions, provisions and obligations as set fonh in Trench, Conduit and Vault Agreement with Holy Cross Electric Association, Inc., recorded July 11, 1994 in Book 755 at Page 55. 15. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners recorded August 28,1995 in Book 791 at Page 821 as Resolution No. 95-128. 16. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. 33 and 34, Series of 1996 by City Council of the City of Aspen recorded February 21,1997 as Reception No. 401985. 17. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. 40, Series of 1996 by Aspen City Council recorded April 8, 1997 as Reception No. 403224 and re-recorded May 15, 1997 as Reception No. 404428. 18. Terms, conditions, provisions and obligations as set forth in Rule and Order recorded December 7,1998 as Reception No. 425224. 19. Terms, conditions, provisions and obligations as set forth in Amended Rule and Order recorded February 17, 1999 as Reception No. 427970. 20. Terms, conditions, provisions and obligations as set forth in Corrected Amended Rule and Order recorded May 10, 1999 as Reception No. 430872. 21. Terms, conditions, provisions and obligations as set forth in Easement recorded July 13, 2000 as Reception No. 444995. 22. Deed of Trust from : L ANSFAM 11 LLC, A COLORADO LIMITED LIABILITY COMPANY To the Public Trustee of the County of PITKIN For the use of : ALPINE BANK Original Amount : $1,837,500.00 Dated : April 3,2006 Recorded : April 3,2006 Reception No. : 522539 EXCEPTIONS NUMBERED 1,2,3 AND 4 ARE HEREBY OMITTED SCHEDULE B-OWNERS CASE NUMBER DATE OF POLICY POLICY NUMBER PCT20090L4 April 3,2006 @ 4:07 PM A75-Z041032 THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or daims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Water rights, claims or title to water. 6. Taxes for the year 2006 not yet due or payable. 7. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted as reserved in United States Patent August 26,1911 in Book 55 at Page 191. 8. Easements, rights of way and all matters as disclosed on Plat of subject property recorded November 15, 1993 in Plat Book 33 at Page 4 and Amended Sheet 2 recorded March 31, 1994 in Plat Book 34 at Page 23 and Assignment of Plat to Maroon Creek Limited Liability Company recorded February 17, 1994 in Book 742 at Page 117 and 121 and Amended Plat of Lot 7 recorded October 1, 2001 in Plat Book 58 at Page 70. 9. Those terms, conditions, provisions, obligations, easements, restrictions, assessments and all matters as set forth in Master Declaration of Protective Covenants for Maroon Creek Club recorded December 2, 1993 in Book 733 at Page 598 and First Amendment thereto recorded February 17,1994 in Book 742 at Page 83, Assignment and Designation of Successor Declarant for Maroon Creek Club recorded May 11, 1994 in Book 750 at Page 242, Second Amendment thereto recorded June 8,1994 in Book 752 at Page 754 and Amended and Restated Third Amendment thereto recorded July 26, 1994 in Book 756 at Page 597, Fourth Amendment thereto recorded July 26, 1994 as Reception No. 396947, and Agreement recorded September 22,1999 as Reception No. 435797, deleting therefrom any restrictions indicating any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin. 10. Terms, conditions, provisions, obligations and all matters as set forth in Subdivision Improvements Agreement recorded November 12,1993 in Book 730 at Page 606 and Amendment thereto recorded March 10, 2000 as Reception No. 441279. 11. Terms, conditions, provisions, obligations and all matters as set forth in Final Plat Resolution of the Board of County Commissioners recorded August 13, 1993 in Book 721 at Page 245 as Resolution No. 93-104. 12. Avigation Easement granted to Pitkin County recorded November 12, 1993 in Book 730 at Page 690. 13. Terms, conditions, provisions and obligations of Water Service Agreement between The City of Aspen and Pearce Equities Group Il, Umited Liability Company, a Utah Limited Liability Company, recorded November 15, 1993 in Book 730 at Page 797, Assignment and Assumption Agreement recorded January 7, 1994 in Book 737 at Page 899 and Amended Assignment and Assumption Agreement recorded April 11,1994 in Book 747 at Page 191. (Continued) Countersigned: Authorized officer or agent PITKIN COUNTY TITLE, INC. 601 E. HOPKINS AVE. ASPEN, COLORADO 81611 (970) 925-1766/(970)-925-6527 FAX THE POLICY NUMBER SHOWN ON THIS SCHEDULE MUST ACREE WITH THE PREPRINTED NUMBER ON THE COVER SHFFT. . I ."• OF ASPEN CITY ve ASPEN *192TT- PAID HRETT PAID· DATE REP NO. DATE REP NO. 1~Not' 111£-1- 2 494 Sk 4(5~04 tu/6/ 0640.1 . {4 Documentary Fee $ 245.00 SPECIAL WARRANTY DEED THIS DEED, Made April 3,2006 between MAROON CLUB LOT 7 HOUSE LLC A COLORADO LIMITED LIABILITY COMPANY of the County of PITKIN and State of CO, of the first part, GRANTOR and LANSFAM 11 LLC, A COLORADO LIMITED LIABILITY COMPANY whose legal address is: 30 SOUTH WILLOW CT, ASPEN, CO 81611 of the County of PITKIN State of CO, ·* i ' of the second part, GRANTEE WITNESSETH, That the said parties of the first part. for and in consideration of the sum of Ten dollars and other good and valuable considerations, to the said parties of the first part, in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed and by these presents do grant, bargain, sell, convey and confirm unto the said parties of the second part. its successors and assigns forever, all the following described lots or parcel of land, situate, lying and being in the County of PITKIN and State of COLORADO, to wit: LOT 7, MAROON CREEK CLUB, as shown on the Final Subdivision Plat & PUD for Maroon Creek Club, recorded November 15, 1993 in Plat Book 33 at Page 4 and Amended Plat of Lot 7 recorded October 1. 2001 in Plat Book 58 at Page 70. Together with all and singular the hereditaments and appurtenances there-unto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever, of the said parties of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances, TO HAVE AND TO HOLD the said premises above bargained and described. with the appurtenances, unto the said parties of the second part, its successors and assigns forever And the said parties of the first part for themselves, their heirs and assigns do covenant, grant, bargain and agree to and with the said parties of the second part, their successors and assigns, the above bargained premises in the quiet and peaceable possession of said parties of the second part, its successors and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, by through or under the said parties of the first part to WARRANT AND FOREVER DEFEND. The singular shall include the plural, the plural the singular, and the use of gender shall be applicable to all genders. IN WITNESS WHEREOF, the said parties of the first part have hereunto set their hand(s) and seal(s). SIGNATURES ON PAGE 2 522538 TRANSFER DECLARATION RECEIVED 04/03/2006 Return to: GRANTEE 11 m'11111111111111111111111111111111111 04/03/2005 04.05 522538 Page 1 of 2 JANICE K VOS CAUDILL PITKIN COL·.TY CO R 11.00 D 245.00 PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, 3rd Floor ASPEN, COLORADO 81611 970-925-1766 I 970-925-6527 FAX May 2,2006 LANSFAM 11 LLC 30 SOUTH WILLOW CT. ASPEN, CO 81611 ATTN: RE: LOT 7, MAROON CREEK CLUB - PCT20090L4 Pitkin County Title, Inc. is pleased to provide you with the owners policy along with the following endorsements relative to the above mentioned file: Endorsement Form Endorsement Form Endorsement Form Endorsement Form Endorsement Form Endorsement Form Please review the policy in its entirety. We at Pitkin County Title, Inc. believe in providing you, our customer, with a quality product which wiil serve your needs. In the event you do find a discrepancy, or if you have any questions or comments regarding your final policy, please contact us and we will gladly handle any request you may have as efficiently and quickly as possible. We have assigned the above number to your records to assure prompt processing of future title orders involving the property. If you sell or obtain a loan on this property within 5 years, ask your broker or agent to contact our office to ensure re-issue rates which may be available to you. Thank you very much for giving Pitkin County Title, Inc. the opportunity to serve you. Sincerely, , Vincent J. Higens President Vh Enclosures: OWNER'S POLICY OF TITLE INSURANCE Issued by Lawyers Title Insurance Corporation POLICY NUMBER M~ LandAmerica Lawyets ritle Insurance Corporation is a member of the A75-ZO41032 LJ Lawyers Title LandAmerica family of ti#e insurance underwriters. SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, LAWYERS TITLE INSURANCE CORPORATION, a Virginia corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or Hen or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, LAWYERS TITLE INSURANCE CORPORATION has caused its corporate name and seal to be hereunto affixed by its duly authonzed officers, the Policy to become valid when countersigned by an authorized officer or agent of the Company. LAWYERS TITLE INSURANCE CORPORATION 4%,14'24. Attest: \.it By: pts£*£,Bj 752_64 1 8<24 1 45\ 1925 /2/ Secretary < ~ 41. ...\- / i President \..1 0,4-8,= EXCLUSIONS FROM COVERAGE The following matters are expressly exduded from' the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation Onduding but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part: or (iv) environmental protection, or the effect of any violation of these laws. ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse dams or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disctosed in writing to the Company by the insured daimant prior to the date the insured daimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. NM 1 PA 10 ALTA Ownefs Policy (10/17/92) Valid Only If Schedules A and B are Attached Form 1190-74Z ORIGINAL 1 3 OWNER'S POLICY OF TITLE INSURANCE THANK YOU. American Land Title Association (10/17/92) Title insurance provides for the protec real estate investment. We suggest yc policy in a safe place where it can avajlable for future reference. If you have questions about title insur Issued by coverage provided by this policy, , Lawyers Title office that issued this policy, or you write: Insurance Corporation Lawyers Title Insurance Corporation Consumer Affairs P.O. Box 27567 Richmond, Virginia 23261-7567 ~ 601 E. Hopkins Ave. 3rd Floor web: www.landam.com Pitkin County Title, Inc. telephone, toll free: 800 446-7086 . " Aspen, Colorado 8161 1 ~,p~970-925-1766 Ph./970-925-6527 Fzx We thank you for choosing to do bt 877-217-3158 Toll Free Lawyers Title Insurance Corporatiol forward to meeting your future lilli needs. Lawyers Title Insurance Corporation Lawyers Title Insurance Corporation Is a member of the LandAmerica family of title insurance is a member of the LandAmerica family of undetwriters. underwn'ters, Iky LandAmerica Iky LandAmerica I Lawyers Title ~ Lawyers Title LandAmerica Financial Group, inc. 101 Gateway Centre Parkway Richmond, Virginia 23235-5153 90-74Z www. landam.com POLICY NO. A75-Z041032 CASE NO. PCT20090L4 SCHEDULE B-OWNERS -EXCEPTIONS-CONTINUED- 14. Terms, conditions, provisions and obligalions as set fonh in Trench, Conduit and Vault Agreement with Holy Cross Electric Association, Inc., recorded July 11,1994 in Book 755 at Page 55. 15. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners recorded August 28,1995 in Book 791 at Page 821 as Resolution No. 95-128. 16. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. 33 and 34, Series of 1996 by City Council of the City of Aspen recorded February 21, 1997 as Reception No. 401985. 17. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. 40, Series of 1996 by Aspen City Council recorded April 8, 1997 as Reception No. 403224 and re-recorded May 15, 1997 as Reception No. 404428. 18. Terms, conditions, provisions and obligations as set forth in Rule and Order recorded December 7,1998 as Reception No. 425224. 19. Terms, conditions, provisions and obligations as set forth in Amended Rule and Order recorded February 17, 1999 as Reception No. 427970. 20. Terms, conditions, provisions and obligations as set forth in Corrected Amended Rule and Order recorded May 10, 1999 as Reception No. 430872. 21. Terms, conditions, provisions and obligations as set forth in Easement recorded July 13, 2000 as Reception No. 444995. 22. Deed of Trust from : LANSFAM 11 LLC, A COLORADO LIMITED LIABILITY COMPANY To the Public Trustee of the County of PITKIN For the use of : ALPINE BANK Original Amount : $1,837,500.00 Dated : April 3,2006 Recorded : April 3,2006 Reception No. : 522539 EXCEPTIONS NUMBERED 1,2,3 AND 4 ARE HEREBY OMITTED SCHEDULE B-OWNERS CASE NUMBER DATE OF POLICY POLICY NUMBER PCT20090L4 April 3,2006 @ 4:07 PM A75-Z041032 THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING: 1. Rights or daims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Water rights, claims or title to water. 6. Taxes for the year 2006 not yet due or payable. 7. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted as reserved in United States Patent August 26, 1911 in Book 55 at Page 191. 8. Easements, rights of way and all matters as disclosed on Plat of subject property recorded November 15, 1993 in Plat Book 33 at Page 4 and Amended Sheet 2 recorded March 31, 1994 in Plat Book 34 at Page 23 and Assignment of Plat to Maroon Creek Limited Liability Company recorded February 17,1994 in Book 742 at Page 117 and 121 and Amended Plat of Lot 7 recorded October 1,2001 in Plat Book 58 at Page 70. 9. Those terms, conditions, provisions, obligations, easements, restrictions, assessments and all matters as set forth in Master Declaration of Protective Covenants for Maroon Creek Club recorded December 2,1993 in Book 733 at Page 598 and First Amendment thereto recorded February 17,1994 in Book 742 at Page 83, Assignment and Designation of Successor Declarant for Maroon Creek Club recorded May 11,1994 in Book 750 at Page 242, Second Amendment thereto recorded June 8, 1994 in Book 752 at Page 754 and Amended and Restated Third Amendment thereto recorded July 26,1994 in Book 756 at Page 597, Fourth Amendment thereto recorded July 26,1994 as Reception No. 396947, and Agreement recorded September 22,1999 as Reception No. 435797, deleting therefrom any restrictions indicating any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin. 10. Terms, conditions, provisions, obligations and all matters as set forth in Subdivision Improvements Agreement recorded November 12, 1993 in Book 730 at Page 606 and Amendment thereto recorded March 10,2000 as Reception No. 441279. 11. Terms, conditions, provisions, obligations and all matters as set forth in Final Plat Resolution of the Board of County Commissioners recorded August 13, 1993 in Book 721 at Page 245 as Resolution No. 93-104. 12. Avigation Easement granted to Pitkin County recorded November 12, 1993 in Book 730 at Page 690. 13. Terms, conditions, provisions and obligations of Water Service Agreement between The City of Aspen and Pearce Equities Group Il, Limited Liability Company, a Utah Limited Liability Company, recorded November 15, 1993 in Book 730 at Page 797, Assignment and Assumption Agreement recorded January 7,1994 in Book 737 at Page 899 and Amended Assignment and Assumption Agreement recorded April 11,1994 in Book 747 at Page 191. (Continued) Countersigned: Authorized officer or agent PITKIN COUNTY TITLE, INC. 601 E. HOPKINS AVE. ASPEN, COLORADO 81611 (970) 925-1766/(970)-925-6527 FAX THE POLICY NUMBER SHOWN ON THIS SCHEDULE MUST AGGEE WITH THE PREPRINTED NUMBER ON THE COVER SHFFT. t . 1 OF ASPEN CITY OF KSPEN WRET-T PAID HREYT PAID DATE REP NO. DATE REP NO. 10,234 *1418+(a L#*/04 w:w 2-,0/41 Documentary Fee $ 245.00 SPECIAL WARRANTY DEED THIS DEED, Made April 3,2006 between MAROON CLUB LOT 7 HOUSE LLC A COLORADO LIMITED LIABILITY COMPANY of the County of PITKIN and State of CO, of the first part, GRANTOR and LANSFAM 11 LLC, A COLORADO LIMITED LIABILITY COMPANY whose legal address is: 30 SOUTH WILLOW CT, ASPEN, CO 81611 of the County of PITKIN State of CO, of the second part, GRANTEE WITNESSETH, That the said parties of the first part. for and in consideration of the sum of Ten dollars and other good and valuable considerations, to the said parties of the first part, in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed and by these presents do grant, bargain, sell, convey and confirm unto the said parties of the second part its successors and assigns forever, all the following described lots or parcel of land, situate, lying and being in the County of PITKIN and State of COLORADO, to wit: LOT 7, MAROON CREEK CLUB, as shown on the Final Subdivision Plat & PUD for Maroon Creek Club, recorded November 15,1993 in Plat Book 33 at Page 4 and Amended Plat of Lot 7 recorded October 1. 2001 in Plat Book 58 at Page 70. Together with all and singular the hereditaments and appurtenances there-unto be!onging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof: and all the estate, right, title, interest, claim and demand whatsoever, of the said parties of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurterances,TO HAVE AND TO HOLD the said premises above bargained and described. with the appurtenances, unto the said parties of the second part, its successors and assigns forever. And the said parties of the first part for themselves, their heirs and assigns do covenant, grant, bargain and agree to and with the said parties of the second part, their successors and assigns, the above bargained premises in the quiet and peaceable possession of said parties of the second part, its successors and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, by through or under the said parties of t e first part to WARRANT AND FOREVER DEFEND. The singular shall include the plural, the plural the singular, and the use of gender shall be applicabge to all genders. IN WITNESS WHEREOF, the said parties of the first part have hereunto set their hand(s) and seal(s). SIGNATURES ON PAGE 2 522538 TRANSFER DECLARATION RECEIVED 04/03/2006 Return to: GRANTEE lilli lilli Hll 11111111 fill 1111111111111111111-1 04/03/2005 04:65; 522538 Page. 1 of 2 JAUCE K VOS CALDILL PITKIN COUNTY CO R 11.00 D 245.00 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for hvment of Citv of Aspen Development Application Fees Crl"y OFASPEN (bereinafter CrrY) and LION *Rb LANs BUR@ H (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for -1-AillieS-TAWIAL PLANKIED UNIT DEVE,c·P,Vi€UT C pub) AMEN D'viEN T (hereinafter, THE PROJECD. 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a detennination of application completeness. 3. 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 die full extent of the costs involved in processing the application- APPLICANT and C]TY further agree thal it is in the interest of the parties that APPLICANT make payment of an mitial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monlhly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainly of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is Hnixact•cable for C]TY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Plannmg Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees pnor to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of$ which is for hours of Community Development 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 at a rate of $220.00 per planner hour over the initial deposit. Such periodic payments shall be unde within 30 days of the billing date. APPLICANT firther agrees that failure to pay such accrued costs shall be grounds for suspension of processing. and in no case will building pennits be issued until all costs associated with case processing have been paid- CrrY OF ASPEN API,UCANT L g, t a m,z e By: By: Chris Bendon C < -~ ~219/ PDA Community Development Director Date: 11 Bil To Mailing Addiess and Telephone Number: 3 0 SOLLI- d \Al & u-0 W de aRT Asp#u. CO B'Gll g:\support\forms\*grpayas-doc 02/01/06 RETAIN FOR PERMANENT RECORD ATTACHMENT 2-LAND USE APPUCATION ArnleANT: Name. LEON*Rt) 2-»/58,1 RG-H Location: C\-zah 1-lettpar RoAD , Sual Al/,Roch, C.WEEK CLUS i Lo-r 7 (Indicate street address, lot & block number, legal description where appropriate) Parcel ID #(REQUIRED) 02735- // 309 007 R0RESENTAnVE: Name: DouG. TRAGER r A*.01-rex R c, Address: ~720 4%01.0410155 ARCE'K ReAD r SNowt'OU- 6-0 81459 Phone #: 9-70-92 7- /780 PROJECT: Natrr: hAARDOM C-AEE K 61-,OR d Lo-r -7 Address: Phone #: 4 -7/2 -92.-7 - 1760 TYPE OF APPLICA-[ION: (please check all that apply): Conditional Use O Conceptual PUD D Conceptual Historic Dat. Special Review EL Final PUD (& PUD Amendment) £ Final Historic Development Design Review Appeal U Concepmal SPA C] Minor Historic Devt. GMQS Allounent . U Final SPA (& SPA Ainendinznt) U Historic Demolition GMQS Exemption U Subdivision U Historic Designation ESA - 8040 Greenline, Stream [3 Subdivision Exemption (includes U Small Lodge Conversionl Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane El Lot Split O Temporary Use U Other: O Lot Line Adjustment U Text/Map Amendment EXISTING CON-DmoNS: (description of existing buildings, uses, previous approvals, etc.) UNDEVELOPED LAND U PROPOSAL: (description ofproposed buildings, uses, modifications, etc.) ~MEND THE .MtheE oP- 1-HE DEVE-tof),Me-KJT ENVEL©PE 1·-2 r LAT 7, /44 Rea v L REZE k CLA,3, No NET INGRGAKE IA, -772 AREA of TUE- Bur-i-DEAKF EXIvEL©?C, Have yo„ attached the following? PRES DUE: $ 8 Pre-Application Confi:rence Summary E-Attachment #1, Signed Fee Agreement 4 9 Response to Attachnint #3, Dimensional Requirements Form E Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards All plans that arc larger than 8.5" x 11" must be folded and a floppy disk with an electronic copy of all written text (Microsoft Word Format) must be submitted as part of the application. RETAIN FOR PERMANENT RECORD Elm m m EjEl I Doug Rager, Architect P.C. 1780 Snowmass Creek Road Snowmass, CO 81654 970-927-1780 phone & fax Doug@DougRagerArchitect.com July 17, 2006 City of Aspen PROJECT: Lot 7, Maroon Creek Club PARCEL ID#: 2753511 TYPE OF APPLICATION: Insubstantial Planned Unit Development (PUD) Amendment DESCRIPTION: The prospective Applicant would like to amend the shape ofthe development envelope for Lot 7 ofthe Maroon Creek Club Subdivision and PUD with no net increase in the area ofthe envelope. The lot is part of a Planned Unit Development (PUD) and PUD Amendment approval is required to modify the PUD and allow the alteration of the development envelope. Approval to apply for the amendment shal~~1~..$2_ provided by the Homeowners Association. -6~, 68- C.¥L L?)cdc, Uk:&*20- 1 1. A change in the use or character of the development. No change is to be made in the use or character of the development. 2. An increase by greater than three (3) percent in the overall coverage of structures on the land. There is currently are no structures. 3. Any amendment that substantially increases trip generation rates of the proposed development, or the demand for public facilities. This proposed change does not qffect the trip generation rates or the demand for public facilities. 4. A reduction by greater than three (3) percent ofthe approved open space. There will be no net change in the area for open space. 5. A reduction by greater than one (1) percent ofthe off-street parking and loading space. There currently is no parking or loading space as it is undeveloped kind 6. A reduction in required pavement widths or rights-of-way for streets and easements. The proposed change will not a#ect any right of ways or pavement widths. This change allows the driveway to enter from the south end of the lot instead of the north end of the lot running along Tiehack Road. 7. An increase of greater than two (2) percent in the approved gross leasable floor area of commercial buildings. This is a undeveloped residential property which does not apply. 1 8. An increase by greater than one (1) percent in the approved residential density ofthe development. This will not increase the residential density of the Maroon Creek Club development. 9. Any change which is inconsistent with a condition or representation ofthe project's original approval or which requires granting a variation from the project's approved use or dimensional requirements. This change does not qffect the approved use or dimensional requirements of the original approval There is no net change in the area of the building envelope. The envelope is amended to allow the access of the driveway to enter from the south end of the lot instead of the north end of the lot running along Lehack Road. yllank you. .<2 A - Doug Rager 2 MAP*WEST. 3 1200 nehack Rd Aspen CO 81611-2528 US Notes: 4...1.1,11.1,9...- 0. 1 .104 €A - -5 . 6,1/4.; 1 C=es- P.---/7 - r.-- .1A - I - .ililli2ililillilllit. . -1/ 04 2006 M'Que" mci C 2006 Tele AMB 1.......1 9 G•q T."la i /lilili/h'.:4,4 ~| 6 -J/111.- - :i'.1 DIe tdit Record Navigate FIrm Repotts Format Iab t!* 4 /. Q . If . . ; 32 >4.» 0 U d iR,J 251 - / 2 4 Man Rolting S{Mu: Fee Summaw fe€- It! k. r I····': F': .·.·~· f.,·:1.·.·,t Sub Eeirras Attachmerits Routwigulttoly Ferm¢ Type aclu 'A·per Landvse 2004 Petrok # 0059.2006,ASLU 3 Addfess 1 - JO TIEHACk RD Apt/Sudel . ~ City LAS PEN s,ate ~dj"-3 Z© ii,Rii -ri { Pe:n'nt Information " acter Permit 1 EctiIG Ouetie ·)· 1.&6 Applied 06/2•i2006 1 p,oiect Slati. L·ending Appfoved * Desc'Tiption A.HENS '.·l· 11. C:-1HEDE i... -···E.!11 El. F.„ J-·:F E-·:?L'83 79:·BOONCE:[Et. Icsued CLUB *IJ '·L- :··I"EASE,·1 -,·E.-:l•OF =-6 -.i.-1~:t:beft·E-BPE Final ~ St.{bmitted DOUGRAGER 327·1780 Clock {Rur.#ng Days: 0 Expker ·16/ 1 .42007 _,3 { OW:lef 1 Lact Name .ANSBURGH 21 F.1 N. )NARD D'I ; WILLOW CT ~ Phone [970}544{3400 ASPEN CU 81621 4 O.vner IsAppkank? Last Name .ANSBURGH 1 Fist Nan. LEONARD 30 S WILLOW CT ASPEN CO 81621 Phone ,970] 544·0400 Cust # ·.6840 Last Name 1 1 Fut Name : Phone 1 Recotd 5 of 9 I.-' ....../.' I, I 'NON Mono :·:041'>01 dno'9991 0255 Sage Way Aspen, CO 81611 Phone: 970 925 7740 Fax 970 925 6045 5%1 Colorado .9 Mountain -i College v Fax 79, - 6 ~ ~ ¥roYn·. ~. 9 -8, 4+01, Fax: (10)- 6 2/39 Pages: Phone: 929,2 743 Date: 96-5 /0 co 1 1 CC: Re: .. .. .:Il: ... [ 'd 9 l.9 ON 3931100 NiA 00¥WO1O0 Ad GE ~ 3 9006 6 6 9 nV ~-" External Media Located Here -,f' 1 ~ M-007995 RMMI 130