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Land Use Case.111 Thunderbowl Tr.0070.2007.ASLU
i THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0070.2007.ASLU PARCEL ID NUMBER 2735- 14 -1 -11 -117 PROJECT ADDRESS 111 Thunderbowl Tr. PLANNER Jason Lasser CASE DESCRIPTION PUD Amendment REPRESENTATIVE Shara Dame DATE OF FINAL ACTION 5/2/08 CLOSED BY Amy DeVault ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: WA , Aspen, CO SCHEDULED PUBLIC HEARING DATE: At / d , 200 STATE OF COLORADO ) ) ss. County of Pitkin ) I, —;&NCi C& A SC O-G_QJ (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: 4� Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached heretq. J Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty -two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the _ day of , 200_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. _Qj, S" Signature The foregoing "Affidavit of Notice" was acknowledged efore me this !D day Of T ^,�� , 200, by DEVE�/bPMENT APPROVAL Notice is here / /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 . ing to the followiingrdesc described property: 111 Pow derbowl Trail Aspen, Parcel ID 2735 - 1411 -1117, Legally described as Lot 17, Block G, Moore Fami ly Planned Unit Development (PUD). The approval j is to grant an insubstantial amendment to the Moore Family PUD, Ordinance No. 24, Series of 1999. The changes to adjust the building envelope with no net increase in the area of the envelope were approved pursuant to an administrative vari ante granted March 9, 2008, and the changes are depicted in the land use application on file with the City of Aspen. For further information contact Jason Lasser at the . Colorado. Development 230 S City Galena SL, Aspen, (70) 429 - 763. City of Aspen Published in the Aspen Times Weekly on March 9, 2008. (1251684) WITNESS MY HAND AND OFFICIAL SEAL My commission expires: Off' (j 9aAAA1 Notary Public ATTACHMENTS: COPYOF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN �FtY PORN a LAURA MEYER ,�Y( t °r,� • +�• •ssa Coy- My Commission Expires 0811012010 LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL 1004 . ✓, 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: 111 Powderbowl Trail, Aspen, Parcel ID 2735 -1411- 1117, Legally described as Lot 17, Block G, Moore Family Planned Unit Development (PUD). The approval is to grant an insubstantial amendment to the Moore Family PUD, Ordinance No. 24, Series of 1999. The changes to adjust the building envelope with no net increase in the area of the envelope were approved pursuant to an administrative variance granted March 9, 2008, and the changes are depicted in the land use application on file with the City of Aspen. For further information contact Jason Lasser at the City of Aspen Community Development Dept., 130 S. Galena St., Aspen, Colorado. (970) 429- 2763. City of Aspen Published in The Aspen Times on March 9, 2008. NOTICE OF APPROVAL For An Insubstantial Amendment to Lot 17, Block G, Moore Family Planned Unit Development (PUD), Ordinance No. 24, Series of 1999 Parcel ID No. 2735- 1411 -1117 APPLICANT: Doug Becker, 15 Charlcote Pl. Baltimore, MD. 21218 REPRESENTATIVE: Bluegreen, 300 S. Spring St. Suite 202, Aspen, CO SUBJECT OF AMENDMENT: Lot 17, Block G, Moore Family PUD, commonly known as 111 Powderbowl Trail, Ordinance No. 24, Series of 1999 SUMMARY: On behalf of Doug Becker, Bluegreen has applied for an Insubstantial Amendment to the Moore Family PUD, Ordinance No. 24, Series of 1999. The Applicant is requesting amending the shape of the building envelope with no net increase in the area of the envelope. The lot is part of a Planned Unit Development (PUD) and PUD Amendment approval is required to modify the PUD and allow alteration of the building envelope. Approval to apply for the amendment has been provided by the Five Trees Design Review Board (DRB). STAFF EVALUATION: In order to amend a specific provision of the ordinance that approved the PUD originally, a PUD Amendment must be approved. The applicant has coordinated with the Parks Department and the City Forester to define the scope of work. The applicant has received approval from the Five Trees Metro District Design Review Board. Staff finds that the proposed amendment meets the criteria for an insubstantial amendment (with conditions) pursuant to section 26.445.100 of the City of Aspen Land Use Code. DECISION: The Community Development Director finds the Insubstantial Planned Unit Development Amendment to be consistent with the review criteria (Exhibit D) and thereby, APPROVES the amendment - with conditions - as specified below. The application of 111 Powderbowl Trail, legally known as Lot 17, Block G of the Moore Family PUD, requests an amendment to Ordinance No. 24, Series of 1999. Staff recommends approval with the following conditions: RECEPTION #: 547790, 03126/2008 at 01.55.10 PM, I OF 9, R $46.00 Doc Code APPROVAL Janice K. Vos Caudill, Pitkin County, CO L INU 1. The Owners will be responsible for the cost of removing the trees outside of the setback, or in the utility easement should the District or any other entity need to remove, repair or maintain any utilities in the easement or for non- compliance with the Municipal Code. 2. The application meet the requirements of the tree removal and mitigation plan as required by parks APPROVED BY: ennifer elan for Chris Ain-dork Date Community Deve nt Director 3 � Valerie Alexander / Bluegreen Da e Applicant's Representative Attachments: Exhibit A — Improvement Survey, Existing Conditions Exhibit B — L -I - Proposed Building Envelope Site Plan Exhibit C — L -3 - Proposed tree removal, mitigation plan for Parks Exhibit D - Review Criteria ` Pyinoop Qr� ? "Wof Trex, P e,v,q + 2Q07-fgf 3/17�ob DEVELOPMENT ORDER 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 (3) -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 the change is accomplished or 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. Property Owner's Name, Mailing Address and telephone number: Doug and Erin Becker; 15 Charlcote Place, Baltimore, MD 21218, (410)409 -3964 Legal Description and Street Address of Subiect Property: 111 Powderbowl Trail, Aspen, CO, 81611, legally described as Lot 17, Block G, Moore Family Planned Unit Development (PUD). Written Description of the Site Specific Plan and /or Attachment Describing Plan: An Insubstantial Amendment to Lot 17, Block G, Moore Family Planned Unit Development (PUD), commonly known as 111 Powderbowl Trail to amend the shape of the building envelope with no net increase in the area of the envelope. Land Use Approval Received and Dates: Administrative approval granted March 9, 2008. Effective Date of Development Order: March 9, 2008. (Same as date of publication of notice of approval.) Expiration Date of Development Order: March 9, 2011. (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 9th day of March 2008, by the City of Aspen Community Development Director. 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I o °o w � 3 www.bluegreenaspen.cpm m■ m — b e e ke r at re d I e a f 300 south spring street I suite 202 1 aspen, coloTeo 81611 1 t 970 429 1499 1 f 970 429 9499 I31Yegfeell 2 3 y 111 pow6e1bpw1 trail I aspen, wloraa° 4 3 r 0� I I I I I PROPERN LINE — — 1 I I I I I J 3Z2 Dm0 / / / D ' / m2� AC IVIT/ENVELOPE %- \`� \ \I ; gin Dm° i t1r%n�1I Syy mzz Nm61 \ OO.D aa000 00o \/ Pm6, �u I 00°0000 OI I / I / I 4 I j I / / a/ I / I � / I _ / hia =I F 1 °00 00130 �8 NI ADC 132 °I \ ' Dy m1 ' I fl- �O >m3 0� i 601 'a'- 1 F I \ NN! m I ' I li/ I — , I I ' I a�n I I ° z° q I I _ m I � ACRVITY ENVELOPE I ' HE 3 I � I I � I � 1 I m l O I I 1 n \ � I � I � I � I c mom ° 9 becker residence 3 o n n a lot 17 five trees subdivision I aspen, colorado 81611 3 wfelw w2— bluegreenaspen.mm 300 s spring street I sake 202 I aspen, m mado 81611 1 t 970 429 7499 I r 970 429 9199 bluegmen 0 M1a'r -Yw.M �' Mw .t w. Mor Lyn pxr1e ✓an •r mol iii tl s � g tl y ?v t f] s I yrcHerm I I - I I 0 x an aa� A O \ - Mg All il \ v \ \ tin a 9Q�R� n �K k Pi �a a S a$ 1:0, t till Pt a tp a. pU A �,tiA o a R s s aa u ,sg g bo oS� o + om � '. 00. o Nb t Cb o p O � � o \ I / i o 0 x an aa� A O \ - Mg All il \ v \ \ tin a 9Q�R� n �K k Pi �a a S a$ 1:0, t till Pt a tp a. pU A �,tiA o a R s s aa u ,sg g bo oS� o + om � '. 00. o Nb t Cb o p O � � o \ I i \ r� fit \ V ,l�ii6 \ \m =Ea7D \ 0 x an aa� A O \ - Mg All il \ v \ \ tin a 9Q�R� n �K k Pi �a a S a$ 1:0, t till Pt a tp a. pU A �,tiA o a R s s aa u ,sg g bo oS� o + om � '. 00. o Nb t Cb o p O � � o 7L3 THE CITY OF ASPEN Parks Office 920 -5120 Fax 920 -5128 FOR PARK'S j 1 SE ONLY Received: i _Permit No. :Z0(i�}' —/ Responded: Building Permit NIIo. (If applicable) Pees Paid: _ Check # / Cash: 75,00 due with submittal of Permit S � Payable to; City of Aspen TREE REMOVAL PERMIT APPLICATION The following is an outline to assist in the preparation of a tree removal permit. 1) Outline /Sketch /Drawing of property to include: (please attach 2 copy) a) Property address. b) Property boundaries. c) Locations of buildings on the property. d) Location, diameter, and species of trees on property and designate with arrows or circles which trees are to be removed. 2) Site address__ I � 1. �- -� 1 `:t l — 3) List trees to be removed species and diameter at 4.5' above grade. 45rr vty-f..) — �1>✓lnvi- t rr> }rci1�-- (li� Cat) 4) Reason for R noval 1-ocY rr-D IN 1 '1�iP `tt 7i�77T �. '' i Oil 5) Mitigation Plan (relocation of trees or replacement of comparable worth trees as referenced in Aspen Municipal Code Sec, 13.20(e)). Add to Property Drawing. a) Location of replacement /relocation trees. b) Size and species of trees to be replaced. 6) Completion Date of Project J 7) Person responsible for project (applicant): Property4wner Address & Phone I-wnber 1�1. Property Owner Signature Date NaTne of Architect or Construction Representative Company r e Phone Number Signature of Representative Date Please return to Parks Department at 585 Cemetery Lane for approval. AAl ►r---- RF Pnr,TFn ON PROPERTY DURING REMOVAL MUST BL POSTED ON PROPERTY On November 28, 2007, Chris Forman, Aspen City Forester, performed an onsite inspection of the property located at l 11 Powderbowl Trail, Five Trees. The applicant has requested the removal of several aspen trees to accommodate the addition of a pool and patio area. All of the trees requested for removal, with the exception of two aspen, are inside the building envelope. According to the PUD for the Five Trees area, trees within this envelope may be removed with zero mitigation due. The two aspen trees outside this envelope are standing dead, therefore removal will be done with zero mitigation due. Trees that will be removed must be marked in the field, and must remain that way until all removals have occurred. This will ensure appropriate protection of preservation trees. In order to protect the existing vegetation designated for preservation, tree protection fencing must be erected according to the parameters mentioned below as well as along the building envelope and access road. This fencing must remain throughout the duration of the project. Restoration with native seed must conform to the City of Aspen or Pitkin County native seed mix. These areas to be seeded must also be monitored for noxious vegetation following the completion of the project. Noxious vegetation is highly likely to occur due to the extensive disturbance to the soil and also the introduction of foreign soil to the site. The City of Aspen Parks Department can provide assistance in identifying various types of noxious vegetation on the site if needed. As an added measure to provide adequate revegetation in these areas, supplemental watering/irrigation must be installed to ensure establishment and longevity to the newly installed plant material. This will aid in preventing noxious vegetation to outcompete the desired plant material. Tree and shrub planting must be hand dug in order to provide maximum protection of the existing vegetation. Supplemental watering must be provided to the existing trees adjacent to construction efforts according to the following watering schedule. • V i 1 ➢ The following criteria must also be met with construction. ➢ A construction fence must be erected along the entire dripline of all trees on site. This fence is to be constructed in such a manner that the area inside the dripline is protected. AN INSPECTION OF THIS FENCE MUST BE PERFORMED BEFORE ANY CONSTRUCTION OR DEMOLITION ACTIVITIES BEGIN. PLEASE ARRANGE THIS INSPECTION WITH CHRIS FORMAN AT 920 -5120. ➢ No materials may be stored within this protection area, including but not limited to, construction backfill, construction traffic, or any other construction materials. ➢ No excavation within this area may be performed without the consent of the City of Aspen Forester or his designee. ➢ Site inspections shall be performed on a weekly basis, to ensure the above listed conditions are small Trees Medium Ttresy Large Trees weekly 14 GalAnch 3XpeifirtonlFe #8 Cia ?Anch 2XperMonth 15 Gal inch Tr eTrufiiu[ [eketer ( 1 it it II I 1 2 3 11 fl 11 �4 $ 8 11 11 I I 10 12 14' pik 5 10 15 20 30 40 75 90 105 minutes minutes : minutes 2 gXlmirt Deepget Needle 5 10, 15 20 30 40 75 90 105 minutes minutes minutes 2 9mlh a Wand 3 5 8 10 15 20 38 45 53 minutes ririinutes minutes 4t1 .SQfl�Cet' lidse 5 10 15 minutes 20 30 40 minutes 75 90 105 r 2 gad /ttiln minutes • V i 1 ➢ The following criteria must also be met with construction. ➢ A construction fence must be erected along the entire dripline of all trees on site. This fence is to be constructed in such a manner that the area inside the dripline is protected. AN INSPECTION OF THIS FENCE MUST BE PERFORMED BEFORE ANY CONSTRUCTION OR DEMOLITION ACTIVITIES BEGIN. PLEASE ARRANGE THIS INSPECTION WITH CHRIS FORMAN AT 920 -5120. ➢ No materials may be stored within this protection area, including but not limited to, construction backfill, construction traffic, or any other construction materials. ➢ No excavation within this area may be performed without the consent of the City of Aspen Forester or his designee. ➢ Site inspections shall be performed on a weekly basis, to ensure the above listed conditions are Any unapproved im vements or activities outside of those app A within this permit wil I be subject to mitigatio the form of restoration. y This permit must be posted on site during the construction process. Any roots cut during excavation shall be pruned with sharp loppers /primers back to the soil line. The roots will further be protected by burlap draped over the side of the excavation covering the exposed roots. This burlap shall be kept moist until the excavation is backfilled. Drip Line Protection as defined in City Code 13.20.020 (b)(2)(3) YO D!STJ47 ONCE t ITWN TREE CRII° LIVE TETION -ENCING ��c Igo sue. Pro e e Inspection: Chris Forman Forester, City of Aspen Permit Valid for one year after approval date. PROTECTION F= ?;G TO OE PROVIDED AND MAINTAINED AT TIME DRIP LWE- I. ADDITIONAL PROTECTION OUTSIDE AT TREE DRIP LWE `!AY M REOU'RED. (EYAtFLE+ Tl 040-IIES OF f UMCM) Date Date � N \ \ \ \ °o P 1 / / 1 / / I I I I I I I I I I I I / I / / / I b OZ p ac° 0 u .c3c� a.e � dg °�oEw oa a yZg4 Im� n �CI� !4E�`OjO•N h ° ;4•e3 °� C °� C�pYQ�upA G�I 3 3 N $ ° �o � u Epvo� cg o a���.►4mv 5 Ehd wok o a v v Ne b E:i 2 au CEO ��i° m �aCE E E N Y �c„M,• .pp. mtiW pO, "p• C p�p >`.`. °$VRRV�� ^ O ° w? p DOE C° p ai .$ °.rYO �� �. 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E iii yypp p`w` �'X > E 9na������� $i as Big, a _' AeE EEEEcFF EaFFOUF�'Oaab e toall a EXHIBIT D Insubstantial PUD Amendment Checklist 26. 445.100 Review Criteria All insubstantial PUD Amendments shall meet the following criteria, pursuant to Section 26.445.100, Amendment to PUD Development Order: The proposed amendment does not change the use or character of the development. The proposed amendment does not increase by greater than three (3) percent the overall coverage of structures on the land. 0 The proposed amendment does not substantially increases trip generation rates of the proposed development, or the demand for public facilities. 1g The proposed amendment does not decrease the approved open space by greater than three (3) percent. p The proposed amendment does not reduce the off street parking and loading space by greater than one (1) percent. V The proposed amendment does not reduce required pavement widths or rights -of- way for streets and easements. The proposed amendment does not increase the approved gross leasable floor area of commercial building by greater than two (2) percent. L! The proposed amendment does not increase the approved residential density of the development by greater than one (1) percent. 9 The proposed amendment will not enact a 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. 3 THE CITY OF ASPEN Checklist A CITY OF ASPEN ENGINEERING DEPARTMENT IMPROVEMENT SURVEY AND PLANNED UNIT DEVELOPMENT REQUIREMENTS All surveys submitted to the City of Aspen shall be an ALTA/ACSM Land Title Survey and shall comply with the latest version of minimum standard detail requirements published by ALTA as well as Colorado State statutes 12 -25 -201 through 12 -25 -219. In addition to the minimum standards set forth by ALTA, and the State of Colorado, the following shall also be required of all improvement surveys: El Survey performed or verified within the last 12 months. > o Surveyor's certificate stating that the error of closure is less than 1 /10,000. o Vicinity map showing the property surveyed in reference to nearby highway(s) or major street intersections (shown at a scale of 1" = 400'). • Monuments placed (or a reference monument or witness to the corner) at all corners of the boundary of the property, unless already marked or referenced by an existing monument or witness to the corner. • Legend of symbols. o Survey tied to USGS, NGS or local government monument system. o Overlaps and gores along the exterior of the boundaries. • Legal description of property. • Existing building(s) locations and dimensions with ties. • All improvements within five feet of property boundaries. • Gross land area to the nearest thousandth of an acre. o One foot contours and the datum of the elevations. Basis of bearing and point of beginning graphically o Roads (edge of pavement as applicable), Rights -of -Way and distance to the nearest intersecting street if within 200' of property. • Label easements and encroachments add reference numbers as applicable. • Indication of access to a public rights —of -way on land such as curb cuts and driveways, and to and from waters adjoining the surveyed tract. • List setbacks and building envelopes • Names of adjoining owners of platted lands or subdivision names. o Any changes in street right of way lines either completed or proposed. • If required by the Parks Dept. — location, species, trunk diameter at 4 ' /z' from the ground, and extents of drip line. • Natural hazards: The designation of all areas that constitute natural hazard areas including but not limited to snow slide, avalanche, mudslide, and rockslide. Delineate areas with slopes from 20% to 30% and areas with slopes greater than 30 %. El Flood zone designation (with proper annotation based on federal Flood Insurance Rate Maps or the state or local equivalent, by scaled map location and graphic plotting only.) o Location of all utilities existing on or serving the surveyed property as determined by observed evidence and observed evidence together with evidence from plans obtained from utility companies or provided by client, and markings by utility companies and other appropriate sources (with reference as to the source of information). o List all documents used in the survey with recording information. Revised 4 -10- 08 The following shall be required on all Planned Unit Developments, if applicable: • Substantial, visible improvements (in addition to buildings) such as billboards, signs, parking structures, swimming pools, etc. • Parking areas and, if striped, the striping and the type (e.g. handicapped, motorcycle, regular, etc.) and number of parking spaces. Revised 4 -10- 08 I �17 II a I I I I \$ I I II I iI g I. \k �r da „,awe 25 / \ \ t 0 { fit x r it d a§ s� $ I PIP, is a ,a of 6$ as` a � ag � �g g I lam I I I I I --,I all 41� a I -�Iz t \ \ a gm o f 0Qoo a®® \ .5 R \\ O \ Ile- 3 g s gg 1 � �� ahaaaa �a�a�a \ ` ° �, \ \ y \ f d o o I �Util"iriri U / II \ II \ I �17 II a I I I I \$ I I II I iI g I. \k �r da „,awe 25 / \ \ t 0 { fit x r Pi v A 2; '<c V u 3 a§ s� $ I _ is a ,a of 6$ as` a � ag � �g g Pi v A 2; '<c V u 3 N E lz eg fee n ;r + I to Jason Lasser from Shara Dame date March 18, 2008 p[oject name Becker Residence subject Minor Amendment Drawings copy to Files method ❑ mail ❑ courier 1N3Wd013A30 AIINW103 N3dSb 3p A1.10 8002 8 18VV4 (13A1333H 0 'hand delivery ❑ pick up Please find the following items attached: (2) - 11" x 17" Building Envelope (Ll) (2) - 11" x 17" Site Plan (L2 (2) - 11" x 17" Approved Tree mitigation Plan (1-3) (2) - 11" x 17" Improvement survey 0- 8.5" x 11" Approved Tree Permit Thank you, Shara LT918 opejolo3 'uadse l uoIslNPgns saaJ3 and LT lol usemBeniq 66b6 6Z4 OL61 1 66eL 6Z4 OL61 1 TTgTq op- 1w 'uadse 1 ZOZ allns l �wy 6upds s OOE a :) u a p i s a.i a a> p a q ww• uadseuaw 6anlq • mmm © a a y q Zz W LLJ o do N � j Lju 0 L- d O� Lu U� > E Y a a y q M v v O d n 00 a a 000.. 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Q Yn.c °��'y3>,° °c' iii lfG .` •Ngo oR°, mot: id•• fir N V C � N' P .0 • .c --I q k a C u a `p a ,9E9 C C w 'C `yU uaO N tiDeQ Ew ry Y � ur A8� -4 o °o o° a_b o � ag d � JE °3•, tcu bt. Kv "o a 'r \ e I°v INgO Ia I o IocPo I a Io �n$cpw$uakg� Au / a O \ R of i! U 2 1+4 ° / �o O j;n z p \ I I I I f I i I I / / I / / I i \ \ I I I I ucrvant I I I U rn z _=t a� 1-411-41 O asp N .N W ti V V O O O rLWW }L, CD W 0 GDOn� �tQLLWQO �7d 0 o wwol oU LLI zp aW �] NN 0 7 0 I �o MCD Ogg U -� a �u f � b p Z� o� o� a a `p .� ;a.sil �w .*., lwz — Lr 'err —W —VIC low — Zr ' .v es aw �a- �rra�awiraose.��roz�a THE CITY of ASPEN Land Use Application Determination of Completeness Date: December 4, 2007 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0070.2007.ASLU, 111 Thunderbowl. The planner assigned to this case is Jason Lasser. ❑ 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. 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. Please note that a draft plat (by a surveyor was not submitted and the review will be based on the BlueGreen drawing._ If approved, a surveyor will then need to create a plat. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429 -2759 if you have any questions. Tha You, ennifer Phelan, eputy Director City of Aspe , ommunity Development Department a� to City of Aspen Community Development Department ATTN: Jessica Garrow frorn Shara Dame dal(-, November 28, 2007 project flame 111 Powderbowl Trail (Lot 17 FiveTrees Subdivision) subject PUD Insubstantial Amendment Application copy to Files method ❑ mail ❑ courier hand delivery ❑ pick up Please find the following items attached to this transmittal: (2) - binders - each containing a copy of application (1) - check payable to the City of Aspen for application fees Thanks, Shara RECEIVED N[1 2007 CITE` CIN ASPEN COMMUNITY nFVELOPWNT Fib Edit Record Navigate Form Reports Format Tab Help .... _...... Mam Custom Fields ii Valuation ` Parceli Actions 1' Fee Summary Sub Permits i' Conditions 1., Routing �listory Feel 1_ ,. ..._.__�_.__ ....__.__..u1, ... _ _..._._._.....e ._. --- . _. _.. ... .. 'o I perms Type ^; Permit # 0070,2007,ASLU Address 0111 POWDERBOWL TRL 0 Apt /Suite C' ASPEN � tat e CO Zip 81611 !I Pe1m4 infor"on Master Permit "' Roving Queue aslu07 Applied 11129/2007 Project Fending ending Approved, � I ; . Description MINOR PUD AMENDMENT issued f Final i Submitted ISHARA DAME 429.7499 � Clock Running Days l 0 E.l:4. 11123/2008 Last Name BECKER Fast Name DOUGLAS 15 CHARLCOTE PL Phone BALTIMORE MD 21218 'r OwnerlsAppficant7 i Applicant Last Name PECKER First Name DOUGLAS 15 CHARLCOTE PL �`' BALTIMORE MD 21218 Phone Cust # 1L8014 Last Name ! � First Name Phone Enter the pem>4 type cow AspenGold(b) _ (� Record 1 1 November 28, 2007 Jessica Garrow City of Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 Re: PUD Insubstantial Amendment Application Dear Jessica, Please accept this written proposal, plan and application in fulfillment of the Minor PUD Amendment requirements to modify the building envelope at the Becker Residence located at 111 Powderbowl Trail, Lot 17, in the FiveTrees Subdivision. The text below provides a response to the criteria found in the City of Aspen Municipal Land Use Code Chapter 46.445 Planned Unit Development (PUD) Section 26.445.100 Amendment of PUD development order, as well as the criteria in "Policies Regarding Building Envelope Adjustment Requests within the City of Aspen "Section 3 dated March 17, 2004 provided to us during the Pre - Application Conference and are listed below in italics: Proposal We propose to modify the existing building envelope by omitting 2,452 square feet from the north west corner of the building envelope and adding 2,450 square feet on the west side of the envelope resulting in a net loss of 2 square feet. Regulations Response Part I Citv of Aspen Municipal Land Use Code Chanter 46.445 Planned Unit Development (PUD) Section 26.445.100 Amendment of PUD development order • Character and use of development will remain. Area within the building envelope modification is currently landscaping and is proposed to remain landscaping. All significant vegetation will be preserved except to accommodate the proposed terraces, low site walls and pools. All additional plantings will comply with the FiveTrees Design Guidelines. (Reference: Section 4, Attachment 1: LI- Building Envelope drawing) • Coverage of structures on the land. There will be NO increase in overall coverage of structures on the land as no above -grade structures proposed. A <5' -6" sub -grade mechanical vault is proposes /�e� �l�s calculation. R v V 1 of 4 NOV 2 8 2007 CITY OF ASPEN COMMUNITY 0EY�LOPMENT Trip generation rates. Modifying the building envelope will not affect trip generation rates or demand for public facilities. Reduction of open space. Modifying the building envelope will not affect or reduce any open space. Reduction of off - street parking and /or loading space. The modified building envelope will not affect off street parking. All parking will remain within the existing driveway. • Reduction in required pavement or rights -of -way widths or easements. The proposed building envelope modification will not reduce the required pavement width or right of way for streets or easements. Approval to encroach into the utility easement to install two minor stepping stone pathways and to plant native trees and shrubs has been granted by the FiveTrees Metropolitan District. (Reference: Section 3, Attachment 2: FiveTrees Metropolitan District Approval Letter dated 1013012007) • Increase in approved gross leasable floor area of commercial buildings. No commercial buildings exist on the site. • Increase in approved residential density of development. The building envelope adjustment causes no change in residential density. • Project's original approval and dimensional requirements. The proposed development is consistent with the project's original approval and dimensional requirements. (Reference: Section 1, Attachment 5: Dimensional Requirements Form) Regulations Response Part II "Policies Regarding Building Envelope Adjustment Requests within the City of Asoen" Section 3 provided to us during the Pre - Application Conference Building envelope size. The modified building envelope does not increase the spatial area of the existing building envelope. We propose to omit 2452 square feet from the northwest corner of the existing building envelope and adding 2450 square feet onto the west side of the house. The total building envelope after adjustment will actually be reduced by two square feet. (Reference: Section 4, Attachment 1: Li- Building Envelope drawing) 2of4 • Homeowner's Association support. Please see the attached approval letter from the FiveTrees Homeowner's Association in support of the proposed building envelope modification. (Reference: Section 3, Attachment 1: FiveTrees Homeowner Association Approval Letter dated 10/1912007) Parks Department Review. A Tree Mitigation Plan was submitted to the Parks Department in conjunction with this application. The majority of trees disturbed are either native standing dead, nursery grown native tree species that were planted in 2006, or native species below 5" caliper that are proposed to be relocated onsite depending on health. Ten existing trees are proposed to be removed within the proposed modified building envelope. We don't foresee this number representing significant native vegetation loss as the trees will be fully mitigated per Parks Department specifications and re- vegetated with native species of trees and shrubs. In addition, a significant amount of native trees will be planted to the north of the house to re- vegetate the road -cut and screen the house from the road, as requested by the FiveTrees Design Review Board (DRB). All trees to be removed have been flagged onsite for FiveTrees DRB review. All native vegetation will be preserved as seen on the Tree Mitigation Plan. (Reference: Section 5, Attachments 1 & 2: Tree Mitigation Permit Application and L3- Tree Mitigation Plan) Floor Area Ratio. The proposed building envelope adjustment does not affect the allowable Floor Area Ratio (FAR) according to the Moore Family Planned Unit Development (PUD) Guide Article IV, Section 3 Decks, Balconies, Stairways and similar Features. All proposed terraces and landscape walls will be uncovered or within 30 inches of existing or finished grade. Per the Moore Family Planned Unit Development (PUD) Guide, the proposed sub -grade mechanical vault is considered a crawispace and is exempt when walls are kept to 5' -6" or less. (Reference: Section 4, Attachment 2: L2- Site Plan & Section 1, Attachment 5: Dimensional Requirements Form) In summary, we propose that this PUD Insubstantial Amendment application meets all applicable criteria. We kindly request your review and administrative approval for the modification of the building envelope located at 111 Powderbowl Trail, Lot 17, FiveTrees Subdivision. Thank you for your consideration of this application. Sincerely, Shara Dame I ASLA 3 of 4 List of Attachments Section 1: Application Requirements 1. Letter of Authorization 2. Pre - Application Conference Summary 3. Agreement for Payment and total deposit for review of the application = $909 4. Completed Land Use Application Form 5. Completed Dimensional Requirements Form Section 2: Ownership 1. Vicinity Map 2. Legal Description 3. Proof of Ownership 4. Plat 5. Site Improvement Survey 6. List of adjacent property owners within 300' Section 3: Approvals 1. FiveTrees Homeowner's Association Approval Letter 2. FiveTrees Metropolitan District Approval Letter 3. Ll - Building Envelope Drawing Section 4: Site Drawings 1. Ll - Building Envelope drawing 2. L2 - Site Plan Section 5: Tree Removal 1. Tree Mitigation Permit Application 2. L3 - Tree Mitigation Plan 4 of 4 10/18/2007 19:20 FAX 5615884202 C v m m m a ca m" m m v 0 U io v V a to C u° Q o o �n a N N 4� v w G7 A: QL .tt 0 October 5, 2007 Pitkin County Community Development Department 130 South Galena Street Aspen, e0 81611 Dear Community Development Department, I, Douglas Becker, owner of Lot 17 located at 111 Powderbowl'Trall In the FiveTrees Subdivision; do hereby authorize Bluegreen to act on our behalf In the submittal of a Minor PUD Amendment for Lot: 17. Owner: e L__/ Tin date RI er Glen Properties LLC c/o Douglas Becker 15 Charlcote PI Baltimore, Md 21218 PQug,,beckerCcDlaureate- inc.com Representative; V Valerie Alexander I ASILA. Principal Bluegreen 300 South Spring Street Suite 202 Aspen, CO 81611 (970) 429 -7499 Val r' blueareenaspen.cam nii An ,W al Shara Dame I ASLA Bluegreen 300 South Spring Street Suite 202 Aspen, CO 81611 (970) 429 -7499 shargreenasoen,com n r•.. 10 003 CITY OF ASPEN PRE - APPLICATION CONFERENCE SUMMARY PLANNER: Jessica Garrow, 429 -2780 DATE: 9.12.2007 PROJECT: Lot 17, Moore Family PUD REPRESENTATIVE: Valerie Alexander, Blue Green Tel: 970.429.7499 DESCRIPTION The prospective Applicant would like to request an envelope adjustment on lot 17 of the Five Trees /Moore Family PUD to accommodate a pool and landscaping improvements based on the 'Policies Regarding Building Envelope Adjustment Requests within the City of Aspen" dated March 17, 2004. The adjustment will not add any additional area to the building envelope. This request is a minor PUD Amendment. The prospective Applicant will be required to address the minor PUD Amendment criteria found in section 26.445.100 of the Land Use Code, as well as the criteria in Section 3 of 'Policies Regarding Building Envelope Adjustment Requests within the City of Aspen" dated March 17, 2004 (a copy of which has been provided to the prospective Applicant). The prospective Applicant is encouraged to discuss the proposed adjustment with the Parks Department prior to applying for the adjustment, as Parks Department approval is required in order to grant an envelope adjustment. Approval from the Homeowners Association for the requested envelope adjustment is required before the Land Use Application may be made. The prospective Applicant is interested in understanding how terraces are viewed under the terms of the PUD. Terraces fall under Article IV, Floor Area, Section 3, Decks, Balconies, Stairways and Similar Features, of the PUD. This section states, "Structures that exceed thirty (30) inches above natural or finished grade, and that are not covered by a roof or architectural projection from a building, are exempt from floor area for up to fifteen percent (15 %) of the maximum floor area allowed. Any areas in excess of fifteen percent (15 %) shall be counted toward floor area." Therefore, the prospective Applicant is advised to calculate the existing deck area to determine that adding the terraces does not put the lot over the allowable FAR. Land Use Code Section(s) 26.304 Common Development Review Procedures 26.445 Planned Unit Development http : / /www.aspenpitkin.com /depts /38 /citycode.cfm See also: "Policies Regarding Building Envelope Adjustment Requests within the City of Aspen" dated March 17, 2004 Review by: Staff for complete application - Referral agencies for technical considerations - Staff for compliance with PUD Standards Referral Agencies: Parks. Planning Fees: Planning Deposit Staff Approval ($705 for 3 hours) Referral Agency Fees: Parks Minor ($204) Total Deposit: $909 (additional planning hours over deposit amount are billed at a rate of $235 /hour) To apply, submit the following information: 1. Total deposit for review of the application. 2. Proof of ownership. 3. Completed Land Use Application Form. 4. Signed fee agreement. 5. Completed Dimensional Requirements Form. 6. Applicant's name, address and telephone number in a letter signed by the applicant, which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. 7. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing.the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 8. An 8112" by 11" vicinity map locating the parcel within the City of Aspen. 9. Site improvement survey including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. This must be current (within one year) and signed by a surveyor. 10. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. Please provide a written response to all applicable criteria. Existing floor plans to determine the Multi- family Replacement Program mitigation requirements. 12. List of adjacent property owners within 300' for public hearing. Contact GIS Dept. at 920.5453. 13. Copies of prior approvals. 14. Additional application material as required for each specific review. (See application packet and land use code) 15. 2 Copies of the complete application packet and maps. HPC =12; PZ =10; CC = 7; Referral Agencies = 1 /ea.; Planning Staff =1 Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. vvA. r ' CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Aerrcment for Parmtnl ofClry of Aspen Develupmcnl Antillcnliun I ncs CITY OF ASPBId (hereinafter CITY) and (ltcreinafrer APPLICANT) AGREE AS Fr'LL0WS: J 1. l"PUL ANT has stibm,tied to (:1I'Y an applicruion for (hereinaficr.'ITI 2 APPLICANT" tmderstand; and,agrecs that the Cigr c Aspen I,as in adopted fee structure for Land ll;c applications ztnd the payment of all pn,cessing fees Is a condition precedent ;to a detcrmimrtion of application cornpletane s. 3. APPLItANT and ('ITY igree that Iwause of the trer.. nature or .scope of the proposed projecl. it is not possible at this time to ascertain the fill a-tent of the costs involved in processing die application. APPI.ICANIT and C.'ITY hirthel" agree that it is in the interest orthc Earlier that APPLICANT mrtkc payment (if an initial deposit and to thereafler pcnttii ,additional costs to he billed to AP1'�,WANI• on ,+ monthly basis. :N I'll It. IC ANT agrees additional coca may Ia:cruc rnlluwing their hearings andror a)xpruvals. APPLICANT agrees he \till be benefited by retaining !treater• car.l', liquidity and tall) retake additional payments upon nolil ea6iin by thu ( "ITY they are necessary as cuxts are incurred. CITY agrees it will he benefted through ilia gi-wer certainty pf recovering its Iltll ends to process APPI. CAS "f 'S application, d. OTY and ,APPLICAN•i funhcr agree that it is intpractinthlc for CITY sretT to complete processing or present sufficient informat on to the I listoric Prosvi- vation Corwin ion, Plunninf; rind Zoning Commission and ?nr City Council to enuhle the Historic Preservation Commission, Planning And Zoning C)bmfniSSlUn andior City Council to snake b,gally required lindings lit project coriaideratiori, unlcs5 current billings arc paid in full prior to decision. 5. Therelore. APPLICANT tones that in considcrmlo, of the ('IT-.Y's waiver or i>s right to collect till 9'ecs prior In it do rminati"n a alicaiion completeness, APPLICANT •AcAll pay an initial deposit in ilia ttnumnt i.,f S j_0 ;-; ch i5 & rt "Mllkk! � hours of Communky Deg- bI8prncnt staff tiros, and if actual recorded casts cxcecd the initial dcpoSit, AiVI,IC \N1" shall pay additional monrtily billings to CI'CY to reimburse the CIT)' For the processing of the applicati an mentioned above. Including post approval review at a rate of 5?35.f)0 per planner hour over the initial deposit. S.,ch periodic paymcnts shall be made 30 days of the billing data ,\N'LICANT further agrees that failure to piv such at:crucd costs shrill be gruandsiIbr suspension of proctmsing, and in no case will building penrrits tic issued tlr lit all costs aSSociatcd with case processing have been paid. CITY OF ASPEN AP US,: Bv: C:hria Rendiva Cnntntunity Development Director slat Billing Address and Telephone Number: �t� ATTACHMENT 2 -LAND USE APPLICATION ,,,.O.ECT: Name: ?51 U �. Location: sLx5 L ; PLti:> Indicate street address lot & block number;-le al description where appropriate) Parcel ID # (REQUIRED) `1 DDT T!` A IUT. Name: Ub(ACA 5_JEC4-6i2 -. Address: 15 CDGt �L �L7% C�E 2 2✓ �� Phone #: C7 �(q" b 2TPAFCFNTATIVFe Name: Address: acp S• S 1-11 J• `=v�T'�E �vI.Ll"rE 202 v�iS C_'O l�O�Z Phone #: a�o� Z-q - 7499 TYPE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ Conceptual PUD y" O Ame�n'dment) F1 Temporary Use - ❑ GMQS Allotment Final PUD (& PUD ❑ Text/Map Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA ❑ ESA — 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane ❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/ Expansion ❑ Residential Design Variance ❑ Lot Line Adjustment ❑ Other: ❑ Conditional Use EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc. 51 PROPOSAL: (description of proposed buildings, uses, modifications, etc.) 0QJ2(.0 157/V �ItiCGI d�� Have you attached the following? FEES DUE: $ 'Q9, 00 ❑ Pre - Application Conference Summary ❑ Attachment #l, Signed Fee Agreement " ❑ Response to Attachment #3, Dimensional Requirements Form ❑ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards [3 -D Model for large project K A /All plans that are larger than 8.5" X III' must be folded. A disk with an electric copy of all written text Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an " "electronic 3 -D model. Your pre- application conference summary will indicate if you must submit a 3 -D model. Project: Applicant: Location: Zone District: Lot Size: Lot Area: ATTACHMENT DIMENSIONAL REQUIREMENTS FORM J (for -the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, casements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing:JQJI�1'roposed: Number of residential units: Existing :__Proposed:_� , Number of bedrooms: Existing:_ _� Proposed.•_A10AJti Proposed % of demolition (Historic properties only): DIMENSIONS: (AI,c .L..I41O Floor Area: 7512- Principal bldg. height: ?"'D � Access, bldg. height: (fin -Site parking: % Site coverage % Open Space: Front Setback: Rear Setback: Combined F /R: Side Setback: Side Setback: Combined Sides: FA Q = Ftisring. ej Allou-able: (p4_tal?O_Propose&— O..__AWm��� lsxisring: fir Allowable: ;5'Proposed: _._._. Existing: Allowable: ;?– -- Proposed:.-- 0-- -.__.. Existing: _ Required:" Proposed:— (0 E>isting: f7J2? ®1Zegreired: 112& V. .--- 0 — Exisling: 07.`t �&equired: -e_ � _Pt•olroced('_ 0 Existing: __ ] Gj ' _ - .IZegrcired: � 77 _Proposed:._C Existing :__.._..P- ..._.... Required :9J&P _Pr0posed.-__0._. - -. Existing: V _..- Require& Proposed:_--__ -_ -_ Isxis ling: ___00-1 — Required: 'JaA-r:2_Proposed :_ Existing: 1/le}12/ RecpcirecLtiLD .Proposed: J7 � Existing :!✓C7 Required: _Proposed :_V11 e5 � n Existing _--- .--- Requirecl•B/— Proposed :-.U.A T�YPAWIA6j S)ms /0 rUOO Distance Between Buildings Lo r r7 Fxisting non- confonnities or encroachments :-'A-(1)'�jY Variations requested: k lout _.._.. L� PARCEL DESCRIPTION AND VICINITY MAP d 111 POWDERBOWL TRAIL, LOT 17 FIVETREES SUBDIVISION a a m m a 0 m m LEGAL DESCRIPTION ° a 0 SUB: MOOREFAMLY PUD BLK: G o LOT: 17 C � G d d Or N V 3 3 — O N DIRECTIONS TO NEAREST MAJOR INTERSECTION PROPERTY LOCATED ON THE CORNER OF MOORE DRIVE AND POWDERBOWL TRAIL IN THE FIVETREES SUBDIVISION OF ASPEN COLORADO. 0 r AsYen Gal /[°urre 82. u Leek kd �A /e � zV Der. N s o ,j e� � r• !� C•.rAUrr [ryymt GeeM1�ud 05 A' Sl Gllesga R mgr 3 e} � w�Wlr � w i nari Ct A " W Ham,, sl y F a $ w!w n 4+nrk F ' t PF%.5mi10 St X 3 z i Or F w a e �./ y`��o 'n Ar•,. r rry�rw„ Aw. d F F "rannA ti x a{ �*w.i„e 2 � �,` °i* Rive, Malcotte In ec„w� ti`ftfk CL L ►rA 4 L F hnobr,. A� t�urel t^ B t�kQT R6 U 111 POWDERBOWLTRAIIt r N v 1 � M4V OU[SI �k-- +° A.p n,ar.ore a F fan y N� f Copes AK, p e A •h e� o-4 f k`�n � s 6 ate, <.,w�•. pd . 9. a ut., WcSt s y c 2 02: IN, ClygM t we R! Ro a., �P 1� DI�J 6oE It :,� &G?r.•u°Ouc.l lac. M.p walu 0lC0'J N \VIFgnTNeAFea 28 NOVEMBER, 2007 north . .6 . Order Number: 45324 SCHEDULE A LEGAL DESCRIPTION Lot 17, Block G, MOORE FAMILY PUD, A PLANNED COMMUNITY, according to the Plat thereof recorded August 10, 1998 in Plat Book 45 at Page Sl as Reception No. 420465. County of Pitkin, State of Colorado 533663 1 1 06.009230 0 00 6 31025 { TKIN COUNTY c0 R JPNICE K VOS CRUPILL PI File Number: 45324 Stewart Title of Colorado Inc. - Aspen Division Attached Legal Description Page 1 of I rz ,d . CITY OF ASPEN WRFTT PAID DA7 FIEF a 1& 6791 CITY OF ASPEN HRE r PAID DATE REP NO. o�t �3 0 a y &9' r� 533662 01/23/2007 03:00 WHEN RECORDED RETURN TO: JANICE K VOS CAUDILL PITKIN COUNTY CO R 26.00 D 1080.00 Name: River Glen Properties, LLC, a Colorado limited liability company Address: c/o Douglas Becker, 15 Charlcote Place Baltimore, MD 21218 logo. WARRANTY DEED THIS DEED, made this 19th day of January, 2007, between Red Leaf Homes, LLC, a Colorado limited liability company of the said County of Pitkin and State of Colorado, grantor, and River Glen Properties, LLC, a Colorado limited liability company whose legal address is c/o Douglas Becker, 15 Charlcote Place, Baltimore, MD 2121.8, grantee: WITNESSETH, that the grantor, for and in consideration of the sum of Ten dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, his heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the said County of Pitkin and State of Colorado described as follows: Lot 17, 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. ,lJ County of Pitkin, State of Colorado also known by street and number as: 111 Powder Bowl, Aspen, CO 81611 TOGETHER with all and singular the hereditaments and appurtenances thereto 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 grantor, 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 grantee, his heirs and assigns forever. And the grantor, for himself, his 533662 Stewart Color TRANSFER DECLARATION RECEIVED 01/23/2087 Stewart Title of Colorado Inc. -Aspen Division Warranty Deed — Photographic Record (Extended) Page I of 2 heirs, and personal representatives, does covenant, grant, bargain, and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except See Attached Exceptions The grantor shall and will WARRANT AND FOREVER DEFEND the above - bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF,14e grantor has executed this deed on the date set forth above. Arnold. J. Ho 1'odger of .Red Leaf Homes, LLC, a Colorado limited liability company STATE OF Eeler Y71vi 180, COUNTY OF �FVLV M L a_a.f g The foregoing instrument was acknowledged before me this /7 day of JA-tiIAA , 24?P-7-- , by Arnold J. Hodes, Manager of Red Leaf Homes, LLC, a Colorado limited liability company My commission expires 4 1 Witness my hand and official seal. Not ry Public: •�, Susan D. C&K • I"saphes. Asir 1& 3W 80 Mei 533662 010/23/2007 03:00 JANICE K VOS CAUDILL PITKIN COUNTY CO R 26.00 D 1060.00 File Number: 45324 Stewart Title of Colorado, Inc. - Aspen Division Warranty Deed — Photographic Record (Extended) Page 2 of 2 Y' i{ I533662 Page: 3 of 5 0 1, 23/200 JANICE K VOS CAUDILL PITKIN COUNTY CO R 26.00 D 1080.0000 EXHIBIT 1 EXCEPTIONS 1. Distribution utility easements (including cable TV). 2. Those specifically described rights of third parties not shown by the public records of which Buyer has actual knowledge and which were accepted by Buyer in accordance with paragraph 8b of contract Form No. CBS 1 -9 -99 [Matters Not Shown by the Public Records]. 3. Inclusion of the Property within any special taxing district. 4. The benefits and burdens of any declaration and party wall agreements, if any. 5. Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the issuance thereof; water rights, claims or title to water. 6. Taxes for the year 2007 and subsequent years not yet due and 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 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 134 and recorded August 26, 1911 in Book 55 at Page 191. 8. Easements, rights of way and others matters as shown and contained on Plat of the Moore Family PUD, a Planned Community recorded August 10, 1998 in Plat Book 45 at Page 81 as Reception No. 420465. 9. Terms, conditions, obligations, provisions of Subdivision Improvements Agreement for Moore Family PUD, a Planned Community as set forth in instrument recorded August 10, 1998 as Reception No. 420468. 10. 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. 11. 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. 12. Terms,�gconditions, 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 Agreeme�}t for the Extraterritorial Extension and Delivery of Municipal Water Service to the File Number: 4539 Stewart Title of Colorado, Inc. - Aspen Division Warranty Deed — Exhibit I (Exceptions) Page 1 of 3 ,. 533662 Page: 4 of 5 01/23/2007 03:00 JANICE K VOS CAUDILL PITKIN COUNTY CO R 28.00 0 1080.00 James E. Moore Family Partnership LLLP as set forth in instrument recorded August 11, 1998 as Reception No. 420479. 13. 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. 14. 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. 15. Terms, conditions, obligations and provisions of City of Aspen, Pretapping Agreement as set forth in instrument recorded August 11, 1998 as Reception No. 420486. 16. 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. 17. 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. 18. Terms, conditions, obligations and provisions of 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. 19. 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 "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. 20. 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. 21. Terms, conditions, obligations and provisions of Ordinance No. 24 (Series of 1999) An Ordinance of the City Council of the City 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" Annexation as set forth in instrument recorded July 14, 1999 as Reception No. 433361. 22. Terms, conditions, obligations and provisions of Ordinance of the Board of County Commissioners of Pitkin County, Colorado, Granting Approval of Rezoning from AFR -2 and AFR -10 to AFR -1 for Portions of the Moore Property Located Adjacent to the Aspen Public School Campus and Amending the Official County Zoning Maps Accordingly, w File Number: 45324 Stewart "Title of Colorado, Inc. - Aspen Division Warranty Deed — Exhibit I (Exceptions) Page 2 of 3 11 . Ordinance No. 97 -13 as set forth in instrument recorded June 10, 1997 as Reception No. 405216. 23. 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 25, 1996 as 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. 24. Encroachment of Window Well and House at Rock Facia outside the Building Envelope as shown on survey by Schmueser Gordon Meyer, dated July 13, 2006 by Stephen L. Ehlers, L.S. No. 20133. 533662 Page: 5 of 5 01/23/2007 03:00 JANICE K VOS CAUDILL PITKIN COUNTY CO R 26.00 0 1080.00 File Number: 45324 Stewart Title of Colorado, Inc. - Aspen Division warranty Deed — Exhibit 1 (Exceptions) Page 3 of 3 1 111111111111 Jill 533663 I 01//23/2007 03:02 I II JANICE K VOS CAUDILL PITKIN COUNTY CO R 106.00 D 0.00 Return To: WFHM FINAL DOGS X9999 -0114 1000 BLUE GENTIAN ROAD EAGAN, MN 55121 Prepared By: MERCANTILE MORTGAGE, LLC 7445 NEW TECHNOLOGY WAY„ FREDERICK, MD 217030000 Ispace Above This Line For Recording Datal DEED OF TRUST DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated JANUARY 2 3, 2 0 0 7 together with all Riders to this document. (B) "Borrower" is RIVER GLEN PROPERTIES LLC. , Borrower is the trustor under this Security Instrument. (C) "Lender" is MERCANTILE MORTGAGE, LLC Lender is a LIMITED LIABILITY COMPANY 0072360175 COLORADO - Single Familv- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3006 1101 (O -6(CO) (0006) Page 1 or Is (rdna(.: VMP MORTGAGE FORMS - (900)621.7291 .1 533663 Page: 2 of 21 II IIII II III IIII III II fI III I I �I I 01/23/2007 �li I 1 JHNICE K VOS CAUDILL PITKIN OUNTY CO R D .0 03.02 106.00 D 0.00 organized and existing under the laws of THE STATE OF DELAWARE Lender's address is P.O. 808 11701, NEWARK, Ni 071014701 Lender is the beneficiary under this Security Instrument. (D) "Trustee" is the Public Trustee of PITKIN County, Colorado. (E) "Note" means the promissory note signed by Borrower and dated JANUARY 23, 2007 The Note states that Borrower owes Lender FIVE MILLION AND 00/100 Dollars (U.S. $ * *5, 000, 000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than FEBRUARY 01, 2037 (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property. " (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: 0 Adjustable Rate Rider ❑ Condominium Rider ® Second Home Rider Balloon Rider Planned Unit Development Rider 0 1 -4 Family Rider 0 VA Rider 0 Biweekly Payment Rider 0 Other(s) [specify] (1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non - appealable judicial opinions. (J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point -of -sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and /or condition of the Property. (1) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (0) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security instrument. (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to ( -6(COJ 10605) 0 Page 2 Df 15 Form 3006 1/o1 't I II I 5 3IN 3663 I I 111 [1(1!! f ! CII III III Page: 3 of zi a ANI CE K VOS CAUDILL PITK 0 1, 2320003 .02 R 106.00 000 time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements tender this Security Instrument and the Note. For this purpose, Borrower, in consideration of the debt and the trust herein created, irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in the COUNTY [Type of Recording Jurisdiction] of PITKIN [Name of Recording Jurisdiction]: SEE ATTACHED LEGAL DESCRIPTION MADE A PART HEREIN THIS IS A PURCHASE MONEY SECURITY INSTRUMENT. TAX STATEMENTS SHOULD BE SENT TO: WELLS FARGO HOME MORTGAGE, P.O. BOX 11701, NEWARK, NJ 071014701 Parcel ID Number: which currently has the address of 111 POWDERBOWL TRAIL [Street] ASPEN [city], Colorado 81611 [Zip Code] ( "Property Address "): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record and liens for taxes for the current year not yet due and payable. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non - uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. Initlala; cm-e(co) 6(CO) (0005) Page 3 of 1 5 Form 3006 1/01 533563 .� Page: 4 of 21 01/23/2007 03:02 JANICE K VOS CAUDILL PITKIN COUNTY CO R 106.00 D 0.00 UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: I. Payment of Principal, interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payment.-, due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payment.% are due under the Note, until the Note is paid in full, a sum (the "Funds ") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premium.-, for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Initials�,��� (M 6(co) {0005) Pape 4.f 15 Form 3006 1/01 I' 533663 Page: 5 of 21 �I 01/23/2007 03:02 JANICE K VOS CAUDILL PITKIN COUNTY CO R 106.00 Q 0.00 Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Initiale.4 (M-6(co) (0006) Page 5 of 16 Form 3006 1101 IMI .. 533663 Page: 6 of 21 JANICE K VOS CAUDILL PITKIN COUNTY CO R 106.00 ,Z3DZ0 00 03:02 Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one -time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one -time charge for flood zone determination, certification and tracking services; or (b) a one -time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiurns and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to bold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the (Mb ®6(co) 100051 Page 6 of 15 Form 3006 1101 'R Em 533663 I Page: 9 7 of 21 J R NICE K VOS CRUOILL PITKIN COUNTY CO R 106.001,23020 0083 :02 work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. S. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. Initialer V� ®6(C0) X00051 Pace 7 at 16 Form 3006 1/01 533663 Page: a of 21 1111111 01/23/2007 03:02 IN 11111111111111111111111111111111 JANICE K VOS CAUDILL PITKIN COUNTY CO R 196.00 0 0.00 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and /or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to mmintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non - refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non - refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non - refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until tennination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source iniciale:` =L Pape 8 of 15 Form 3006 1/01 533663 Page: 9 of 21 01/23/2007 03:02 JANICE K VOS CAUDILL PITKIN COUNTY CO R 108.00 D 0.00 of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. d4 (ED -6(CO) (0005) Pape 9 of 15 Form 3006 1101 533663 III Page; 10 of 21 II Illl HI IIII 1111 Mil I II 0 III 1, I 23 I /2007 �, JgNICE K VOS CAUDILL PITKIN COUNTY CO R 106.00 D 0.00 3.02 Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co- signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co -signs this Security Instrument but does not execute the Note (a "co- signer "): (a) is co- signing this Security Instrument only to mortgage, grant and convey the co- signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co- signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument roust be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's -6(co) l0006) Initials: ® Pape 10 of 7 5 Form 3006 1/01 7' 533663 II1 11111111181 Page : 11 of 21 III llll II IIIII 02/23/2007 JANICE K VOS CAUDILL PITKIN COUNTY CO R 106.00 D00003.02, notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. in the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any Iegal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) -6(CO) 100061 Iuioalr " n ] 0 Pie i °r is Form 3006 1/01 @4 mill 533663 Page: 12 of 21 1111111 01/2312007 J RNICE K VOS CgUDILL PITKIN COUNTY CO R 108.ee 0000 3'021 certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer ") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information IZESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental l.aw; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any - i�� (M 6(co) ;00051 Page 12 of IS Initials: Form 3006 1 /01 III 533653 III III 01//23/2007f 31021 IIIII 0 . IIIIIIIIII III JANICE K VOS CAUDILL PITKIN COUNTY CO R 106.00 0 0.00 Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON- UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section IS unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non - existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the power of sale, Lender shall give written notice to Trustee of the occurrence of an event of default and of Lender's election to cause the Property to be sold. Lender shall mail a copy of the notice to Borrower as provided in Section 15. Trustee shall record a copy of the notice in the county in which the Property is located. Trustee shall publish a notice of sale for the time and in the manner provided by Applicable Law and shall mail copies of the notice of sale in the manner prescribed by Applicable Law to Borrower and to the other persons prescribed by Applicable Law. After the time required by Applicable Law, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder for cash at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's certificate describing the Property and the time the purchaser will be entitled to Trustee's deed. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. 23. Release. Upon payment of all sums secured by this Security Instrument, Lender shall request that Trustee release this Security Instrument and shall produce for Trustee, duly canceled, all notes evidencing debts secured by this Security Instrument. Trustee shall release this Security Instrument without further inquiry or liability. Borrower shall pay any recordation costs and the statutory Trustee's fees. 24. Waiver of Homestead. Borrower waives all right of homestead exemption in the Property. Initlalrk 6(CO) l000ri Page 13 of 15 Form 3006 1 /01 I 111 11111111111111111111 533663 Page : 14 21 I gNICE 11!11 V[1111 CAUDILL PITKIN COUNTY CO R 106.00 010 7 /230 of 0 00 3.021 BY SIGNING BELOW, Borrower accepts and agrees to the terns and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: (Seal) Douglas L. er, A*�(� of - Borrower River Glen Properties, LLC~' Manager — (Seal) (Seal) - Borrower - Borrower — (Seal) - Borrower — (Seal) - Borrower — (mil) - Borrower — (Seal) - Borrower (= 6(col (00051 Pape 14 of 15 Form 3006 1/01 srarE OF 41MIAMg1pp, 177Qr /a..)cl ,,(:�f i rx art , ��ss: The foregoing instrument was acknowledged before me this day of « �D�7 , by Douglas L. Becker, M River GYen properties, LLC_ Witness my hand and official seal. My Commission Expires: Notary Public " +.,� .`i. +�pFrirrs�nnt +',, (M 6(Co) 10005) 533663 Page: 15 of 21 01/23/2007 03:021 JANICE K VOS CAUDILL PITKIN COUNTY CO R 108.00 D 0.00 Initials: Page 16 of 15 Form 3006 1/01 I 533!663 4 Page: 16 of 21 f1 01/23/2007 03:021 I I II } I 1 I JRNICE K VOS CRUDILL PiTKIN COUNTY CO R 106.00 D 0.0 0 PLANNED UNIT DEVELOPMENT RIDER THIS PLANNED UNIT DEVELOPMENT RIDER is made this 23RD day of JANUARY, 2007 , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument ") of the same date, given by the undersigned (the "Borrower ") to secure Borrower's Note to MERCANTILE MORTGAGE, LLC (the "Lender ") of the same date and covering the Property described in the Security Instrument and located at: 111 POWDERBOWL TRAIL, ASPEN, CO 81611 [Property Address] The Property includes, but is not limited to, a parcel of land improved with a dwelling, together with other such parcels and certain common areas and facilities, as described in COVENANTS, CONDITIONS AND RESTRICTIONS (the "Declaration "). The Property is a part of a planned unit development known as FIVE TREES /MOORS PUD [Name of Planned Unit Development] (the "PUD "). The Property also includes Borrower's interest in the homeowners association or equivalent entity owning or managing the common areas and facilities of the PUD (the "Owners Association ") and the uses, benefits and proceeds of Borrower's interest. PUD COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. PUD Obligations. Borrower shall perform all of Borrower's obligations under the PUD's Constituent Documents. The "Constituent Documents" are the (i) Declaration; (ii) articles of incorporation, trust instrument or any equivalent document which creates the Owners Association; and (iii) any by -laws or other rules or regulations of the Owners Association. Borrower shall promptly pay, when due, all dues and assessments imposed pursuant to the Constituent Documents, 0072360175 MULTISTATE PUD RIDER - Single Family - Fannie Mae /Freddie Mac UNIFORM INSTRUMENT ,eF�m 3150 1/01 Page 1 of 3 Initials: •(Jj� 7R (0008) VMP MORTGAGE FORMS - ('800)521 -7291 Y' 533663 Page: 17 of 21 01/23/2007 03:021 I I 4 I I JRNICE K VOS CRUpIL.L PITKIN COUNTY CO R 106.00 D B. Property Insurance. So long as the Owners Association maintains, with a generally accepted insurance carrier, a "master" or "blanket" policy insuring the Property which is satisfactory to Lender and which provides insurance coverage in the amounts (including deductible levels), for the periods, and against loss by tire, hazards included within the term "extended coverage," and any other hazards, including, but not limited to, earthquakes and floods, for which Lender requires insurance, then: (i) Lender waives the provision in Section 3 for the Periodic Payment to Lender of the yearly premium installments for property insurance on the Property; and (ii) Borrower's obligation under Section 5 to maintain property insurance coverage on the Property is deemed satisfied to the extent that the required coverage is provided by the Owners Association policy. What Lender requires as a condition of this waiver can change during the term of the loan. Borrower shall give Lender prompt notice of any lapse in required property insurance coverage provided by the master or blanket policy. In the event of a distribution of property insurance proceeds in lieu of restoration or repair following a loss to the Property, or to common areas and facilities of the PUD, any proceeds payable to Borrower are hereby assigned and shall be paid to Lender. Lender shall apply the proceeds to the sums secured by the Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. C. Public Liability Insurance. Borrower shall take such actions as may be reasonable to insure that the Owners Association maintains a public liability insurance policy acceptable in form, amount, and extent of coverage to Lender. D. Condemnation. The proceeds of any award or claim for damages, direct or consequential, payable to Borrower in connection with any condemnation or other taking of all or any part of the Property or the common areas and facilities of the PUD, or for any conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. Such proceeds shall be applied by Lender to the sums secured by the Security Instrument as provided in Section 11. E. Lender's Prior Consent. Borrower shall not, except after notice to Lender and with Lender's prior written consent, either partition or subdivide the Property or consent to: (i) the abandonment or termination of the PUD, except for abandonment or termination required by law in the case of substantial destruction by fire or other casualty or in the case of a taking by condemnation or eminent domain; (ii) any amendment to any provision of the "Constituent Documents" if the provision is for the express benefit of Lender; (iii) termination of professional management and assumption of self- management of the Owners Association; or (iv) any action which would have the effect of rendering the public liability insurance coverage maintained by the Owners Association unacceptable to Lender. F. Remedies. If Borrower does not pay PUD dues and assessments when due, then Lender may pay them. Any amounts disbursed by Lender under this paragraph F shall become additional debt of Borrower secured by the Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. Initials: AXL 71`1 (0008) Page 2 of 3 Form 3150 1101 7' I l� 1 till 1111111111 ! j IP5 33 66 3 f ZI a J e 18 o 01/23/2007 03: Q21 JqN ICE �o 5� A IL L P ITKIN COUNTY CO R 1@6.00 D 0,00 BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions contained in this PUD Rider. (Seal) (SeaI) - Borrower - Borrower (Seal) (Seal) Doll S L, er, O Borrower - Borrower River Glen Properties, LLC (01i 7R (0008) T (Seal) (SeaI) - Borrower - Borrower —(Seal) - Borrower Page 3 of 3 — (Seal) - Borrower Form 3150 1/01 533663 II 1111 II 11 I 11 IIII IIII of 01/23/2007 031021 I III JRNICE K VOS CRUDILL PITKIN COUNTY CO R 108.00 D 0.00 SECOND HOME RIDER THIS SECOND HOME RIDER is made this 23RD day of JANUARY, 2 Q0 , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument ") of the same date given by the undersigned (the "Borrower" whether there are one or more persons undersigned) to secure Borrower's Note to MERCANTILE MORTGAGE, LLC (the "Lender ") of the same date and covering the Property described in the Security Instrument (the "Property "), which is located at: 111 POWDERBOWL TRAIL, ASPEN, CO 81611 [Property Address] In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree that Sections 6 and 8 of the Security Instrument are deleted and are replaced by the following: 6. Occupancy. Borrower shall occupy, and shall only use, the Property as Borrower's second home. Borrower shall keep the Property available for Borrower's exclusive use and enjoyment at all times, and shall not subject the Property to any timesharing or other shared ownership arrangement or to any rental pool or agreement that requires Borrower either to rent the Property or give a management firm or any other person any control over the occupancy or use of the Property. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's second home. 0072360175 MULTISTATE SECOND HOME RIDER - Single Family - Fannie Mae /Freddie Mae UNIFORM INSTRUMENT F m 3890 1/01 Page 1 of 2 Initials 365R (0011) VMP MORTGAGE FORMS - (800)521 -7291 14 533663 Page: 20 of 21 01/23/2007 03:024 JANICE K VOS CAUDILL PITKIN COUNTY CO R 106.00 D 0.00 BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions contained in this Second Home Rider. — (Seal) - Borrower Seal) 1) a3s L. Bdpker, Mema Of - Borrower River Glen Properties, LLC 36SR (0011) @4 _.. (Seal) - Borrower — (Seal) - Borrower Page 2 of 2 — (Seal) - Borrower (Seal) Borrower (Seal) - Borrower — (Seal) - Borrower Form 3890 1/01 1 P ted 59 gee ti r 1 r , r � v I I I i li I / I / 1 1,'I, e N 4 j V T h n' Ci,l •�v cN p ri / / 1 � � / / '� \ \ \ \ � ' , i' 1 /• ' � � ce '�,e �jk ^J 1e SV '^•) �� � i / 111 �' �00 // � / � / OQ 1 �1. Sp° Pry° ' �"•,�'� M!� \%'- CT ,f y>i �/� // 11? ��/ �, owl. 00 IAJ Iva Q L� Ito It _ I y, I W Iwl gill kiwi .r." 930119 wt M "1 16 it tl U W w W o Easy Peel Labels 421 A ® See Instruction Sheet �AVERY051600 i Use Avery® TEMPLATE 5160® 1Feed Paper for Easy Peel Featurel 1: I` BEAL CARLTON EVANS JR TRUST SMART JOHN II & PAMELA PATINKIN DOUGLAS 104 S PECOS 1040 CONWAY DR 1252 W WRIGHTWOOD AVE M.AND, TX 79701 ATLANTA, GA 30327 CHICAGO, IL 60614 STAPLETON GREGORY P & ELAINE 3061 FARING FORD RD THOUSAND OAKS, CA 91361 SPANG WILLIAM J 43 CINNAMON CT ASPEN, CO 81611 GREGG URSULA & JASON 660 MOORE DR ASPEN, CO 81611 MICKLES JOHNIE C & PERRI A 81 CINNAMON CT ASPEN, CO 81611 CASTLE CREEK INVESTORS INC C/O JOHN W MILLER 1490 SILVERKING DR ASPEN, CO 81611 -1047 SOFFER JEFFREY C/O TURNBERRY LTD 19950 W COUNTRY CLUB DR 10TH FLR AVENTURA, FL 33180 FIVE TREE LLC 33 INDIAN CREEK ISLE RD INDIAN CREEK VILLAGE, FL 33154 PITKIN COUNTY 530 E MAIN ST #302 ASPEN, CO 81611 MURPHY RICHARD P & MARY K 6720 DAVENPORT ST OMAHA, NE 68132 BUESCH SILKE A 43 CINNAMON CT ASPEN, CO 81611 MOORE TRAVIS & CHRISTINE 6 CINNAMON CT ASPEN, CO 81611 DRISCOLL REBECCA & JOSEPH 71 CINNAMON CT ASPEN, CO 81611 s r i i AARON 2002 FAMILY TRUST RIVER GLEN PROPERTIES LLC 9757 MILITARY PARKWAY C/O BECKER DOUGLAS DALLAS, TX 75227 15 CHARLCOTE PL BALTIMORE, MD 21218 MOORE FAMILY PUD MASTER ASSOC I SMART EDWIN J INC C/O R L STEENROD JR & ASSOC C/O KAUFMAN & PETERSON PC 2009 MARKET ST 315 E HYMAN #305 DENVER, CO 80205 -2022 ASPEN, CO 81611 MIDNIGHT MINING COMPANY BOWDEN ROBERT PO BOX 1088. PO BOX 1470 GLENWOOD SPRINGS, CO 81602 ASPEN, CO 81612 DOBBS JOHN C SR & SARA F WILMINGTON MINING & MILLING CO INC IDLEWILD MINING COMPANY INC PO BOX 241750 WRIGHT & ADGER WRIGHT & ADGER MEMPHIS, TN 38124 -1750 715 W MAIN ST #201 715 W MAIN ST #201 ASPEN, CO 81611 ASPEN, CO 81611 I J ttiquettes faciles h peter A Consultez la feuille www.avery com F I V E T R E E S 0133 PROSPECTOR RD, SUITE 4214 JIM STARK ANA FERRARA October 19, 2007 ASPEN, CO 81611 (970) 9202248 FAX (970) 925 -4754 DAVID PARKER DEBORAH PRINCE BRUCE ETKIN DESIGN REVIEW BOARD B1ueGreen Attn: Shara Dame 300 South Spring Street, Suite 202 Aspen, CO 81611 Re: Dear Ms. Dame: Building Envelope Modification for 111 Powderbowl Tr. On October 17, 2007, DRB management received the required amount of votes to modify the Building Envelope at 111 Powderbowl Trail, Becker Residence. One hundred votes have been received to -date with a requirement of 98.67 votes to gain 67% voter approval for this modification, per the FiveTrees covenants. On September 20, 2007, the DRB met and reviewed your proposal. The Board and management would like to see the following prior to your submission for building permit to the City: 1. Please flag all of the proposed trees to be removed, and notify our offices once this has been done. We will inspect the proposed removal and inventory of these trees; 2. Please identify the maximum height the upper wall will be for the proposed lap pool; and 3. Please confirm that the proposed terrace is under 15% of the maximum allowable FAR. It is the understanding of DRB management that you are seeking approval from the FiveTrees Metropolitan District to plant trees in the District's Right -Of -Way and utility easement. Final DRB approval will be contingent upon this approval from the Metro District, and from written consent from the City that they approve this as well. Should you have any questions please feel free to give me a call. Sincerely, By Genevieve S. Fulton Manager 0209 SF17 voter approval.doc F 1 V E T R E E S 0133 PROSPECTOR RD SUITE 4210 ASPEN, CO 81611 (970) 920 -2248 FAX (970) 9254754 FIVETREES METROPOLITAN DISTRICT David Conarroe, President James Aresty, Vice President Frank Goldsmith, Treasurer David Parker, Director Steven Buettow, Director Gary Beach, Manager October 30, 2007 BlueGreen Attn: Shara Dame 300 South Spring Street, Suite 202 Aspen, Colorado 81611 Re: Approval for Planting in Utility Easement Dear Ms. Dame: This letter is to inform you that the FiveTrees Metropolitan District Board of Directors met on October 24, 2007 and approved your request to install landscaping in the utility easement along Moore Drive and Powderbowl Trail with one condition. Please inform the Becker's that they will be responsible for the cost of removing the trees in the easement should the District or any other entity need to remove, repair or maintain any utilities in the easement. Please also note that no plantings can be installed in the District's Right -Of -Way. Regarding the sandset pavers proposed outside of the property line, please ensure that the pavers are in -grade and do not impede the flow of the ditch on the north side of the property. Should you have.any.questions, please feel free to give me a call. Sincerely, By Genevieve S. Fulton District Administrator @4 0209 SF17 Landscaping BOD Approval.doc 7L 7J THE CITY OF ASPEN Parks Office 920 -5120 Fax 920 -5128 FOR PARKS iJSE ONLY Received: Pertnit No. 2003- Responded: Building Permit No. (If nppliceble) Fees Paid: Check # / Cash: I 75.00 due with submittal of Permit Payable to; City of Aspen TREE REMOVAL PERMIT APPLICATION The following is an outline to assist in the preparation of a tree removal permit. 1) Outline /Sketch/Drawing of property to include: (please attach 2 copy) a) Property address. b) Property boundaries. c) Locations of buildings on the property. d) Location, diameter, and species of trees on property and designate . with arrows or circles which trees are to be removed. 2) Site address 3) List trees to be removed, species and diameter at 4.5' above grade. 0-3), -"� � G�1Uk- �CNNE�Y �1,5� �,• f}SRr:I�( oil 0) Z �v� M/Owr � . vLrO Reasi Renov 5) Mitigation Plan (relocation of trees or replacement of comparable worth trees as referenced in Aspen Municipal Code Sec. 13.20(e)). Add to Property Drawing. a) Location of replacement /relocation trees. b) Size and species of trees to be replaced. 6) Completion Date of Project ���----' 7) Person responsible for project (applicant): Property Owner Address & Phone Number Property Owner Signature Date Name of Architect or Construction Representative Company I' Phone Number Sig4WI,irc of Representative Date Please return to Parks Department at 585 Cemetery Lane for approval. MUST BE POSTED ON PROPERTY DURING REMOVAL uaaj5anjq b676 6ZOOL6J i 664L45Z0 OL61 i t19S8op— , -' -asr i ZOZakns i I—Is b—Ci 41— ME — - de.- ,6anjq .us:u n 00 0 N %D .-1 ri N .. d U � L 3 L o � a.+ 4 L O U 6.0 °�. a0 �a U j 3 aT O IC C "O O aw �.� m Q i U M U i a Q L O a � L -0 N D a.+ 4- m -0 J t S c w opeJ0I03'Uatlse I u0isinipgns Baal ;any 21101 0 y+ N a:)uap!saa aa>joaq [J N J y n y O .-1 m N N O Y aJ Go O a m 0 'v d U � L 3 L o � a.+ 4 L O U 6.0 °�. a0 �a U j 3 aT O IC C "O O aw �.� m Q i U M U i a Q L O a � L -0 N D a.+ 4- m -0 J t S uaau6anp 66b6 6Z4 OL6 J 1 66VL 6ZO OL6 T 1 TT9T8 op— t., 'uadse J ZOZ alms J 1-1� 6uuds s ODE a D u a p i s as j a>I D a q W OJ'uadseuaaJ6aDJq wmm v> v� N N 6 1= Y N c y a d N O 6 N d Y dpi C u 9 0 J UDiJ6ifjq 6606 6ZO OL6 4 1 660L 6Zb OL61 1 ii918 op_V, " 4,d 1 ZOZ a)1ns 1 haws 6uyds s 00£ WOJ'112dSPl13aJ()3fi1Q "MMM vv J a p O y N B V � C Yom+ A pD u v o w.my2., /� \ mo ok a..—i im tom' � ! �J( = - _ ' ��, �,: ,� _- r- ;.. �r y�r blereen ( 17 .:;az pr; :A- I Swig 2W 3Y, A22ia to Herb Klein - Klein, Cote & Edwards PC from Shara Dame date January 16, 2008 project name Becker at Red Leaf subject Program Quantification copy to Files, Team The intent of this memo is to clearly quantify proposed vs. existing conditions for the landscape improvement project located at 111 Powderbowl Trail. 1.0 BUILDING ENVELOPE AREA COMPARISON Existing Building Envelope Area Proposed Building Envelope Area Net Loss 14149 SF 14147 SF -2 SF Proposed Envelope Area to be Omitted Proposed Envelope Area to be Added Net Loss 2452 SF 2450 SF -2 SF Proposed Envelope Omission — Vegetative Summary Total Area of Area % of Total Vegetation Summary Existing Envelope (SF)* Existing Envelope to be Omitted to be Omitted 2452 SF 1226 50% native aspen saplings with an undergrowth of SF serviceberry and wood's rose a transition zone between the mature aspen 2452 SF 1226 50% grove to the west and native grasses to the SF east with young aspen, mountain ninebark and moss rock boulders (re- vegetated in 2006) Note: If excluded from the building envelope this entire area would have the potential to grow therefore expanding the mature aspen forest to the east and down to Moore Drive. i nis number represents an estimated area in square reet (sF) within the proposed bullding envelope omission. Due to current snow accumulation, this number may not be accurate and will be confirmed by Bluegreen in the spring. www.h1ue9!eenasnen.corn Proposed Envelope Addition — Vegetative Summary Total Area of Area % of Total Vegetation Summary Proposed (SF)* Proposed 73 Envelope to be $37,496.31* Envelope to be $38,724.07 Added Added native grass, thistle, woods rose and 2 -3" 2450 SF 1362 SF 56% caliper aspen (previously disturbed and re- vegetated in 2006) mature (dying) aspen and young aspen 2450 SF 1088 SF 44% saplings, with an undergrowth of native grasses, woods rose, serviceberry and native chokecherry Note: If added to the building envelope this area would disturb approximately 1088 SF of native vegetation (much of which is currently dead or dying), eliminate invasive species such as thistle, and would allow the opportunity to re- vegetate with healthy native species of aspen and serviceberry to establish a thicker, more prolific vegetation buffer between Moore Drive and Powderbowl Trail. * This number represents an estimated area In square feet (SF) within the proposed building envelope addition. Due to current snow accumulation, this number may not be accurate and will be confirmed by Bluegreen In the spring. 2.0 TREE MITIGATION * Based on the 2007 Parks Department tree mitigation formula to calculate 100% mitigation fees for healthy trees. If calculated by the Parks Department for an actual Tree Removal Permit, this number would be significantly lower due to various dead and decaying trees onsite. ** Based on Little Valley Nursery and Wind River Trees 2007 pricing. Actual pricing may vary at time of planting. Trees Proposed: 84 trees (59 deciduous and 25 evergreens). ** *Note: We propose to transplant an estimated 22 small aspen trees pending health at time of transplant (zero mitigation required - smaller than code). Health of trees will be evaluated by a qualified arborist at time of transplant. www.bl uegreenasDen,com Trees to be Removed and Mitigated Trees Planted Net Gain Number 11* 84 ** 73 Value $37,496.31* $76,220.38 ** $38,724.07 * Based on the 2007 Parks Department tree mitigation formula to calculate 100% mitigation fees for healthy trees. If calculated by the Parks Department for an actual Tree Removal Permit, this number would be significantly lower due to various dead and decaying trees onsite. ** Based on Little Valley Nursery and Wind River Trees 2007 pricing. Actual pricing may vary at time of planting. Trees Proposed: 84 trees (59 deciduous and 25 evergreens). ** *Note: We propose to transplant an estimated 22 small aspen trees pending health at time of transplant (zero mitigation required - smaller than code). Health of trees will be evaluated by a qualified arborist at time of transplant. www.bl uegreenasDen,com 3.0 PROPOSED ENVELOPE VEGETATION DISTURBANCE AREAS Proposed Areas Existing Undisturbed Previously Total Improvement of Disturbance (predominantly native Disturbed* Area Lap Pool: plant community) Area in Square Feet (SF) 1088 SF ** 1362 SF * ** 2450 SF of Total Improvement 44% 56% 100% Area * See 1.0 BUILDING ENVELOPE COMPARISON — Proposed Envelope Addition — Vegetative Summary for specific plant species. ** This number represents an estimated square footage (SF) of actual native area to be disturbed (per the application plan) based on the January 3, 2008 site visit and current plans. Due to current snow accumulation, this number may not be accurate and will be confirmed by Bluegreen in the spring. ** *This number represents an estimated square footage (SF) of previously disturbed area used for construction staging and an access drive in 2006. Due to current snow accumulation, this number may not be accurate and will be confirmed by Bluegreen In the spring). 4.0 PROPOSED LANDSCAPE IMPROVEMENTS Manicured Lawn: 578 SF Paved Terrace: 1317 SF (adjacent to pool and envelope modification area) Pervious Paving: 109 SF (with planted joints) Spa /Waterfeeture: 100 SF Lap Pool: 788 SF www.biaegree iaspen.com IFFO to Becker Team from Valerie Alexander date January 3, 2008 project name Becker at Red Leaf subject Planning Options copy to files Below are highlights of the 111 Powderbowl Trail planning process including both completed items as well as potential next steps. It will be important to discuss in- person the nuances of the work we have completed to date and the next steps proposed to determine what process best suits your objectives. Building Envelope Modification 100% immediately adjacent neighbor - complete (approved) Minimum 67% Neighborhood - complete (approved) City of Aspen Insubstantial /Minor Amendment submission - complete (denied per attached letter) City of Aspen Parks Department coordination - complete (informal denial per 1/3/08 site visit) Building Envelope Modification Potential Next Step Potential #1 City of Aspen OtherAmendment submission to Planning & Zoning (P &Z - next available agenda opening is up to 6 months out) - pending, if desired Other next steps Potential #2 project design within existing building envelope (requires DRB approval, but does not require further city amendment processes) - pending, if desired Design Review Board submission - pending Building Permit submission - pending �, r,i ('W' Valerie Alexander From: Jason Lasser Basonl @ci.aspen.co.us] Sent: Friday, December 07, 2007 3:35 PM To: Shara Dame Cc: Valerie Alexander Subject: RE: 0070.2007.ASLU land use application Attachments: 1205071439.jpg; Insubstantial PUD Amendment Checklist.doc Shara, I'd met with Brian Flynn on Tuesday and then the City forester, Chris Forman, on the site on Wednesday - I'm waiting for the comments back from Parks regarding the application. Their initial thoughts were that the trade -off of land was not fair from the perspective of Parks, the extensive removal of trees to accommodate the pool, hot tub and lawn was not desirable not only for the mature vegetation, but also for the context of the neighborhood and surrounding roads/ The desire to create trails outside of the envelope are significant requests beyond the scope of an administrative approval. Most mature trees in the proposed envelope relocation are tagged for removal, while the land to be traded does not have equally mature, undisturbed growth and vegetation. The proposal requests trails from the 'out-building' cabin to both Powderbowl Trail and Moore Drive (development outside of the revised envelope) which is inconsistent with the intent of a development envelope. Although I have not yet received the referral comments, I've taken the question to our Staff meeting, as well as discussing the potential reviews with Jennifer Phelan, the Deputy Planning Director- we've concluded that the negative recommendation from Parks will push the application from an insubstantial amendment (administrative) to an Other Amendment (public hearing before P +Z). However, we'll need to confirm the comments from Parks before proceeding — perhaps we can touch base next week to clarify the City's position. I've attached an insubstantial PUD amendment checklist (FYI) and a photo from the site (for discussion) Thank You, Jason Jason Lasser City of Aspen I Special Projects Planner Community Development Department 130 S. Galena St. ( Aspen, CO 81611 970.429.2763 1 www.aspenpitkin.com From: Shara Dame [ mailto :shara @bluegreenaspen.com] Sent: Friday, December 07, 2007 2:43 PM To: Jason Lasser Cc: 'Valerie Alexander' Subject: 0070.2007.ASLU land use application Hi Jason, Valerie and I just received notification that you will be facilitating the land use application for 111 Powderbowl Trail (Lot 17 FiveTrees Subdivision). Please let us know if any clarifications are necessary at this time, or if you would like to meet with us next week to quickly run through the application. Thank you, OAPAItEN December 10, 2007 To: Jason Lasser, Community Development Planner From: Chris Forman, City of Aspen Forester Brian Flynn, Open Space and Special Projects Manager Re: 111 Powder Bowl Lane Building Envelope Adjustments. Thank you for the opportunity to comment on the building envelope adjustment for 111 Powderbowl Lane. The following paragraphs will describe the results found from our site visit conducted on December 5, 2007. In its current condition, we feel the area outside the current building envelope portion of the lot provides adequate natural coverage and separation between Powderbowl Lane and Moore Drive. It also helps to soften the impacts of the development by providing a natural break in the massing of the structures along both roads. Approving the land trade and allowing construction within the adjusted envelope will, in our opinion, take away from the intent of the currently approved building envelope. The Parks Department does not support the request for the building envelope adjustment. The Building Envelopes approved for Five Trees were done in an effort to balance the impacts of development while maintaining much of the natural surroundings. The proposed building envelope adjustment would greatly impact and cause the loss of a significant amount of native vegetation. Valerie Alexander From: Jason Lasser Basonl @ci.aspen.co.us] Sent: Wednesday, December 12, 2007 5:52 PM To: Shara Dame; Valerie Alexander Cc: Jennifer Phelan Subject: 111 Powderbowl Attachments: 111 Powderbowl Lane.Parks.doc Shara, Valerie, Thank you for taking the time to go over the application- here are clarifications to the questions from the meeting on Monday: The reason we are recommending that this be reviewed by the Planning and Zoning Commission as an Other Amendment is as follows: With negative referral comments Staff will deny an insubstantial amendment at an administrative level, therefore we're recommending that the Planning and Zoning Commission review the case. What triggers the change in the application from an insubstantial to an Other Amendment? Due to negative recommendation from a referral agency (Parks Department) the application does not meet the established thresholds for an insubstantial amendment and will be denied at an administrative level. Sincerely, Jason Jason Lasser City of Aspen I Special Projects Planner Community Development Department 130 S. Galena St. I Aspen, CO 81611 970.429.27631 www.asi3enoitkin.com Page 1 of 1 Shara Dame From: Valerie Alexander [valerie @bluegreenaspen.com] Sent: Thursday, January 03, 2008 3:57 PM To: briantreadwell @comcast.net Cc: 'David Lambert; David Griesser; 'Shara Dame' Subject: becker update Attachments: ME 2008 -01 -03 Planning options.pdf; 111 Powderbowl Lane _Staff Memo _1.pdf; 111 Powderbowl Lane—Staff Memo-2 Parks.pdf; 111 Powderbowl Lane—Staff Memo_3.pdf Hi Team Please see the attached memos for your review. We'd like to set up a call with you and the Becker's to discuss the best way to move forward. It seems to work best if we talk at 5pm MST to accommodate the time difference to Hong Kong. Please call me should you like to discuss this in advance of our team meeting with Erin and Doug. Thanks, Val + Shara valerie aexander I asla bluegreen 300 south spring street I suite 202 aspen, colorado 81611 t 970 429 7499 1 f 970 429 9499 toll free 877 429 7499 Check out our new website at... www.blueareenaspen.com 1/9/2008