HomeMy WebLinkAboutLand Use Case.345 Relay Rd.0056.2013.ASLU THE CITY OF .ASPEN
City of Aspen Community Development Department
CASE NUMBER 0056.2013.ASLU
PARCEL ID NUMBERS 2735 0230 3002
PROJECTS ADDRESS 345 RELAY ROAD , ASPEN, CO 81611
PLANNER JUSTIN BARKER
CASE DESCRIPTION FINAL PUD
REPRESENTATIVE ERICA GOLDEN
DATE OF FINAL ACTION 09/13/2013
CLOSED BY ANGELA SCOREY ON: 9/26/13
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Pemit type !Aspen Land Use Perri#056.202ASLU
Address 345RELAYRD AptlSuie
Stake CO N', Z�;81611
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City;ASPEN
Permitln(ormakion _
° I Masier perms _ Routng queue iaslu07 Applied 0811312013
Z ` Prgeck, Slakus Pendng Appfoved.� -�
Descf0on LOT 2,STAGE ROAD PUD FINAL PUD(&PUD AMENDMENT)
Issued
SuWked ERICA GOLDEN Clock Rum Daps 0 Expires 0810812014 i
Submitted Yia ?
Owner
Last rametDDCASPEN,LLC ; First name 1904W 35TH ST
AUSTIN TX 78703
Phone ( J Addess
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Lasl name DENISON a` First name'',CO2Y 1904W35THST
— — ",AUSTIN IN 78103
Plane (512J 5715566 Dust# 29578 Address
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NOTICE OF APPROVAL
FOR AN INSUBSTANTIAL PLANNED UNIT DEVELOPMENT AMENDMENT
TO THE BUILDING ENVELOPE CONTAINED ON STAGE ROAD
PUD/SUBDIVISION, LOT 2
Parcel ID: 2735-023-03-002
APPLICANT: DDC Aspen, LLC 1904 W. 35"' St. Austin, TX 78703
REPRESENTATIVE: Erica Golden, CCY Architects, 228 Midland Ave.
Basalt, CO 81621
SUBJECT &
SITE OF APPROVAL: Stage Road PUD/Subdivision, Lot 2, involving a change to
the recorded building envelope.
SUMMARY:
The owner of Lot 2 requests a building envelope adjustment to modify the shape of the
existing envelope without increasing size. The PUD Control Document (recorded as
reception #515890) permits Insubstantial Amendments to building envelopes to be
reviewed and approved administratively by the Community Development Department.
STAFF EVALUA'T'ION:
Community Development Staff' uses a set of guidelines to determine the impact of a
building envelope adjustment. Two of the primary areas of concern are potential changes
in character of the lot and increased development possibilities.
The building envelope adjustment will not affect the character of the lot in a detrimental
way. "The location of the envelope on the lot will generally be the same. Parks is in
support of' the proposed amendment because it pulls the development away from the
steep slope located at the back of the lot, compared to the original building envelope.
The new envelope also allows development to be more parallel to the road and compliant
with residential design standards.
The amendment does not increase the size of the lot or the building envelope: the existing
building envelope is 23,550 square feet and the proposed envelope is 23,549 square feet.
The amendment will not affect existing regulations regarding development inside and
outside of the envelope as stated in Section 2.1.2.5.2 of the PUD Control Document, and
as further amended in Insubstantial PUD Amendments recorded as reception H533189
and 9584100. Further Staff review criteria can be found as ``Exhibit A."
RECEPTION#: 603853, 09/19/2013 at
10:55:44 AM,
1 OF 2, R $16.00 Doc Code APPROVAL
Page 01 2 Janice K. Vos Caudill, Pitkin County, CO
DECISION:
Staff finds that the Insubstantial PUD Amendment application provided by the
Applicant, DDC Aspen, LLC (represented by Erica Golden, CCY Architects) meets
the applicable criteria and is appropriate for approval.
APPRO E BY:
3
Chris on Date
Community Development Director
Attachments:
Exhibit A - Insubstantial PUD Amendment Review Criteria (not recorded)
Exhibit B Amended Final Plat, Lot 2, Stage Road PUD/Subdivision (recorded)
Page 2 o1'2
EXHIBIT A
26.445.100. Amendment of PUD development order.
A. PUD Insubstantial Amendments. An insubstantial amendment to an approved
development order for a final development plan may be authorized by the Community
Development Director. The following shall not be considered an insubstantial amendment:
1. A change in the use or character of the development.
Staff Finding: The character of'the PUD shall be retained and not negatively altered by
this envelope adjustment. The envelope shape is being altered, but the location is
virtually the same. Stafffinds this criterion to be met.
2. An increase by greater than three percent (3%) in the overall coverage of structures
on the land.
Staff Finding: The development potential for the new envelope remains the same, being
that the envelope size will not change. Staff finds this criterion to be met.
3. Any amendment that substantially increases trip generation rates of the proposed
development or the demand for public facilities.
Staff Finding: Not applicable.
4. A reduction by greater than three percent (3%) of the approved open space.
Staff Finding: The amount of approved open space will not be reduced, being that the
envelope size will not change. Staff finds this criterion to be met.
5. A reduction by greater than one percent (1%) of the off-street parking and loading
space.
Staff Finding: Not applicable.
6. A reduction in required pavement widths or rights-of-way for streets and
easements.
Staff Finding: No pavement widths or easements are being affected by the envelope
adjustment. Stafffinds this criterion to be met.
7. An increase of greater than two percent (2%) in the approved gross leasable floor
area of commercial buildings.
Staff Finding: Not applicable.
8. An increase by greater than one percent (1%) in the approved residential density of
the development.
Staff Finding: The residential density will not be increased by the envelope adjustment.
Staff finds this criterion to be met.
9. Any change which is inconsistent with a condition or representation of the project's
original approval or which requires granting a variation from the project's
approved use or dimensional requirements.
Staff Finding: The building envelope adjustment will require a newly recorded plat to
reflect the change. The lot and its intended use remain consistent with the original
approvals. This envelope adjustment does not require a special variation from the
approved uses or dimensional requirements. Staff finds this criterion to be met.
FIRST AMENDED FINAL PLAT OF
LOT 2 STAGE ROAD PLANNED UNIT DEVELOPMENT/SUBDIVIS ION
"w�
THE PURPOSE OF THIS AMENDED PLAT IS TO ADJUST THE BUILDING ENVELOPE SITUATED ON LOT 2 �-
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A PARCEL OF LAND SITUATED IN SECTION 2,TOWNSHIP 10 SOUTH,RANGE 85 WEST OF THE 6th P.M.CITY OF ASPEN,COUNTY OF PITKIN,STATE OF COLORADO
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EXISTING CONDITIONS WITH TOPOGRAPHY OF:
LOT 2,STAGE ROAD PLANNED UNIT DEVELOPMENT/SUBDIVISION
A PARCEL OF LAND SITUATED IN SECTION 2
TOWNSHIP 90 SOUTH,RANGE 85 WEST OF THE 6th P.M.
CITY OF ASPEN,COUNTY OF PITKIN,STATE OF COLORADO
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CIVIL CONSULTANTS
502 MAIN STREET,SUITE A3
CARBONDALE,COLORADO 81623
(970)704-0311
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THE CITY OF ASPEN
Land Use Application
Determination of Completeness
Date: August 14, 2013
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 0056.2013.ASLU —345 Relay Rd, Insubstantial PUD. The
planner assigned to this case is Justin Barker.
❑ Your Land Use Application is incomplete:
Please submit the aforementioned missing submission items so that we may begin reviewing
your application. No review hearings will be scheduled until all of the submission contents listed
above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the
�land use application.
Your Land Use Application is complete:
If there are not missing items listed above, then your application has been deemed complete
to begin the land use review process.
Other submission items may be requested throughout the review process as deemed necessary by
the Community Development Department. Please contact me at 429-2759 if you have any
questions.
Thank You,
Je7n&nifer Ven, eputy Director
C of mmunity Devel opment Department
For Office Use Only: Qualifying Applications:
Mineral Rights Notice Required New SPA New PUD
Yes No, Subdivision, SPA, or PUD(creating more than 1 additional
lot)
GMQS Allotments Residential Affordable Housing
Yes No Commercial E.P.F. Lodging
City of Aspen
Land Use Application
For
345 Relay Road, Aspen CO 81611
DDC Aspen, LLC
-,G rn t+ n t
Y
� � T �
1. Total Deposit for review of Application - $2,215
2. Applicant's name, address and telephone number,
contained within a letter signed by the applicant
stating the name, address, and telephone number of
the representative authorized to act on behalf of the
applicant. SEE NEXT PAGE.
DDC Aspen, L-,LC
1904 W. 35°' Street, Austin, TX 78703
P: (512)732-1226 C: (512)577.5566
City of Aspen
130 S. Galena St.
k
Aspen, CO 81611
Re: Land Use Application for 345 Relay Road
To Whom it May Concern:
The purpose of this letter is to state that DDC Aspen, LLC, owner of 345
Relay Road, Aspen, CO, 81611 authorizes Colby Denison and Ina Spokas to
be the representative to act on behalf of DDC Aspen, LLC for this project.
Contact information for DDC Aspen, LLC is:
Colby Denison
1904 W. 35th Street, Austin, TX, 78703
Colby Denison—Colbv@denisondevelopment.com —512/577-5566
Ina Spokas— Ina @denisondevelopment.com —512/689-3343
Office: 512/732-1226
Sincerely,
Colby Denison
Managing Member of DDC Aspen, LLC
4
3. Street Address and Legal description of the parcel
on which development is proposed to occur.
345 Relay Road, Aspen, CO 81611
4 Lot 2, Stage Road Planned Unit
Development/Subdivision (aka: BarX)
4 Parcel #273502303002
4. Completed Land Use Application. SEE ATTACHED.
ATTACHMENT 2—LAND USE APPLICATION
ROJ ECT:
Name: Lot 2 , Stage Road PUD
Location: 345 Relay Road, Aspen, CO, 81611
(Indicate street address, lot& block number, legal description where appropriate)
Parcel ID#(REQUIRED) 273502303002
APPLICANT:
Name: DDC Aspen, LLC
Address: 1904 W. 35th Street, Austin, TX 78703
Phone#: (512) 577-5566
REPRESENTATIVE:
Name: Erica Golden, CCY Architects
Address: 228 Midland Avenue, Basalt, CO 81621
Phone 4: (970) 927-8370
TYPE OF APPLICATION: (please check all that apply):
❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use
❑ GMQS Allotment ® Final PUD(& PUD Amendment) ❑ 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.)
This lot (Lot 2) currently has no buildings or improvements. This lot is part of the Double Bar X Stage Road PUD.
PROPOSAL: (description of proposed buildings, uses,modifications,etc.)
This PUD amendment is only to document a revision to the platted building envelope. There will be a permit
submittal in the future to document a single family home proposed for this lot.
Have you attached the following? FEES DUE: S 2, 215
❑X Pre-Application Conference Summary
X❑ Attachment#1,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 NOT APPLICABLE
All plans that are larger than 8.5"X 1l" must be folded. A disk with an electric copy of all written teXf
Aicrosoft 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�'R'Modc4 ,n,
ATTACHMENT 3
DIMENSIONAL REQUIREMENTS FORM
Project: Lot 2, Stage Road PUD
Applicant: DDC Aspen, LLC
Location: 345 Relay Road,Aspen, CO
Zone District: Stage Road PUD
Lot Size: 2.146 acres
Lot Area: 93,494sf
(for the purposes of calculating Floor Area, Lot Area may be reduced for areas
within the high water mark, easements, and steep slopes. Please refer to the
definition of Lot Area in the Municipal Code.)
Commercial net leasable: Existing: Proposed.• N/A
Number of residential units: Existing:_ Proposed: N/A
Number of bedrooms: Existing: Proposed: N/A
Proposed % of demolition (Historic properties only):
DIMENSIONS: NOT APPLICABLE
loor Area: Existing: Allowable: Proposed:
Principal bldg. iaht: Existing: Allowable: Proposed:
Access. bldg. height. Existing: Allowable: Proposed:
On-Site parking: Exz. ' g. _Required: Proposed.•
% Site coverage: Existing. _Required: Proposed.•
% Open Space: Existing: Required: _Proposed:
Front Setback: Existing: R sired: Proposed:
Rear Setback: Existing.- Require Proposed
Combined F/R: Existing: Required: Proposed:
Side Setback: Existing. Required Proposed:_
Side Setback: Existing: _Required: Pro sed:
Combined Sides: Existing: Required: Propose c.
Distance Between Existing Required: ___Proposed:
Buildings
Existing non-conformities or encroachments: N/A
Variations requested: This PUD amendment is only to document a revision to the
pJatt _d huildina Pnvelope.
5. Signed Fee Agreement. SEE ATTACHED.
r.
AU '
COMMUNITY DEVELOPMENT DEPARTMENT
Agreement to Pay Application Fees
Anagreement between the City of Aspen ("City")and
Property DDC Aspen, LLC Phone No.: (12) 577-5566
Owner("I"): Email: colby@denisondevelopment .com
Address of Lot 2, Stage Road PUD Billing DDC Aspen, LLC
Property: Address:
(subject of 345 Relay Road (send bills here) 1904 W. 35th Street
application) Aspen, CO, 81611 Austin, TX 78703
I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications
and the payment of these fees is a condition precedent to determining application completeness. I understand
that as the property owner that I am responsible for paying all fees for this development application.
For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these
flat fees are non-refundable.
$ 650 flat fee for Parks Referral $ flat fee for
$ flat fee for $ flat fee for
For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed
project, it is not possible at this time to know the full extent or total costs involved in processing the application. I
understand that additional costs over and above the deposit may accrue. I understand and agree that it is
impracticable for City staff to complete processing, review, and presentation of sufficient information to enable
legally required findings to be made for project consideration, unless invoices are paid in full.
The City and I understand and agree that invoices mailed by the City to the above listed billing address and not
returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30
days of presentation of an invoice by the City for such services.
I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment.
I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment
of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs
exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the
processing of my application at the hourly rates hereinafter stated.
$ 1, 300 deposit for 4 hours of Community Development Department staff time. Additional time
above the deposit amount will be billed at$315 per hour.
$ 265 deposit for 1 hours of Engineering Department staff time.Additional time above the deposit
amount will be billed at$265 per hour.
City of Aspen: Propero Owner:
Chris Bendon
Community Development Director Name: Colby Denison
City Use:
Title: Managing Member of DDC Aspen, LLC
Fees Due:$ Received:$
6. Pre-Application Conference Summary. SEE
ATTACHED.
CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
DATE: 6/26/13
PLANNER: Justin Barker,429-2797
PROJECT: Lot 2, Stage Road Planned Unit Development/Subdivision (aka: Bar X)
REPRESENTATIVE: Erica Golden, CCY Architects
TYPE OF APPLICATION: Insubstantial Planned Unit Development(PUD)Amendment
DESCRIPTION: The prospective Applicant would like to amend the shape of the existing building envelope for
Lot 2 of the PUD to enable a different building orientation. No net increase in the envelope
area is proposed.
The lot is part of a Planned Unit Development (PUD) and PUD Amendment approval is
required to modify the PUD and allow the alteration of the development envelope. An
Insubstantial Amendment may be approved administratively pursuant to Section 26.445.100
and the applicable review criteria. Approval to apply for the amendment shall be provided by
the Homeowners Association.
Land Use Code Section(s)
26.304 Common Development Review Procedures
26.445.100 A. Planned Unit Development—Insubstantial Amendment
Review by: -Staff for complete application
- Referral agency for technical considerations
-Community Development Director(for administrative decision on the amendment request, unless
it is determined that the application does not qualify as an insubstantial amendment).
Public Hearing: No
Planning Fees: $1,300.00. Deposit for 4 hours of staff time(additional staff time required is billed at$325 per hour,
$265 deposit for Engineering referral, $650 flat fee for Parks referral)
Total Deposit: $2,215.00
Total Number of Application Copies:
Administrative Insubstantial PUD Amendment: 2 Copies
To apply, submit the following information:
1. Total Deposit for review of application.
2. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the
name, address, and telephone number of the representative authorized to act on behalf of the applicant.
3. Street address and legal description of the parcel on which development is proposed to occur.
4. Completed Land Use Application.
5. Signed fee agreement.
6. Pre-application Conference Summary(this document).
7. An 81/2"x 11"vicinity map locating the subject parcel within the City of Aspen.
8. Proof of ownership 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,411ens,
easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the
Development Application.
9. A written description of the proposal and a written explanation of how the proposed development complies with the
review-standards relevant to the development application. -
10. A proposed PUD Amendment plat showing the change to the development envelope.
11. Letter from HOA stating approval to apply for the application.
12. All other materials required pursuant to the specific submittal requirements.
13. Applications shall be provided in paper format(number of copies noted above)as well as on either of the following
digital formats. Compact Disk(CD)-preferred or thumbdrive.
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.
7. An 8 %z" x 11" vicinity map locating the subject parcel
within the City of Aspen. SEE ATTACHED.
STAG r- ROAD
PUD
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STAGE ROAD ,
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BUTTERMILK t
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SKI AREA U MAROON CREEK
GOLF COURSE
LOT 2, DBX RANCH, ASPEN CO
_ h'jGy 345 RELAY ROAD
8
MAROON CREEK
ASPEN PUBLIC
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GOLF COURSE AROON CREEK GOLF COURSE
BRIDGE
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ROUND-A-BOUT---
8. Proof of ownership 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. SEE ATTACHED TITLE.
i
AUG 13 2013
C'C'T'Y�GF ASPEN
L r'ELOF�+,�rNT
ATTORNEYS&COUNSELORS AT LAW
JEROME PROFESSIONAL BUILDING
201 NORTH MILL STREET,SUITE 201
��
ASPEN,COLORADO 81611-1557
H
Sherman & oward L.L.C. TELEPHONE:(970)925-6300
FAX:(970)925-1181
OFFICES IN:DENVER•COLORADO SPRINGS-ASPEN.VAIL
STEAMBOAT SPRINGS•PHOENIX SCOTTSDALE RENO
LAS VEGAS• ST.LOUIS
Curtis B.Sanders
Office Number(970)925-6300 Ext.214
E-mail: csanders(7a,shermanhoward.com
TRANSMITTAL LETTER
July 8, 2013
Colby W. Denison
c/o Denison Development & Construction, Inc.
1904 West 35th Street
Austin,Texas 78703
Re: Purchase of Lot 2, Double Bar X Property
I AM SENDING TO YOU THE FOLLOWING:
XXXXX ORIGINAL Policy of Title Insurance.
THESE ARE SENT TO YOU:
XXXXX For your records.
REMARKS:
Sincerely,
. S rs
BUS-RE/4664736.1
PITKIN COUNTY TITLE, INC.
601 E. HOPKINS, 3rd Floor
ASPEN, COLORADO 81611
970-925-1766 1 970-925-6527 FAX
June 11, 2013
Colby Denison
c/o Curt Sanders
Sherman and Howard
Hand Delivered
RE: PCT23702W5 -- LOT 2, STAGE ROAD PUD
Pitkin County Title, Inc. is pleased to provide you with the owners policy along with the following endorsements relative to
the above mentioned file:
Endorsement Form: 110.1
Please review the policy in its entirety. We at Pitkin County Title, Inc. believe in providing you, our customer, with a quality
product which will serve your needs.
In the event you do find a discrepancy, or if you have any questions or comments regarding your final policy, please
contact us and we will gladly handle any request you may have as efficiently and quickly as possible.
We have assigned the above number to your records to assure prompt processing of future title orders involving the
property. If you sell or obtain a loan on this property within 5 years, ask your broker or agent to contact our office to ensure
re-issue rates which may be available to you.
Thank you very much for giving Pitkin County Title, Inc. the opportunity to serve you.
Sincerely,
Kim Shultz
Enclosures: Original Policy
Statement of Authority
(Section 38-30-172, C.R.S.)
1. This Statement of Authority relates to an entity named :ZOLINE LOT 2 MAJEC, LLC, a Michigan limited
liability company
2. The type of Entity is a:
_corporation _registered limited liability partnership
nonprofit corporation _registered limited liability limited partnership
X_limited liability company _limited partnership association
_general partnership _government or governmental subdivision or agency
_limited partnership _trust
3. The entity is formed under the laws of MICHIGAN
4. The mailing address for the entity is: $7"�, 01 rX ��oo�i,�c�Yc� A t?0-
E1V'YvnIt 1AC'.r-y-" , ih 4sooq
5. The_X_name_position of each person authorized to execute instruments conveying, encumbering, or
otherwise affecting title to real property on behalf of the entity is:Joshua D. Mondry
6. The authority of the foregoing person(s) to bind the entity is Z not limited_limited as follows:
7. Other matters concerning the manner in which the entity deals with interests in real property:N/A
8. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of Section
38-30-172, C.R.S.
9. This Statement of Authority amends and supersedes in all respects any prior Statement of Authority
executed on behalf of the entity.
Executed this 118�"- day of APRIL, 2013.
Name:ZOLINE LOT 2 MAJEC, LLC, a Michigan limited liability company
n
BY. oshua D. Mondry, Manager RECEPTION#:598546, 04/11/2013 at
01:26:46 PM,
1 OF 1, R $11.00 DF $0.00 Doc Code
STATE OF COLORADO ) AUTH
) ss.
Janice K.Vos Caudill, Pitkin County,CO
COUNTY OF PITKIN )
�t1
The foregoing instrument was acknowledged before me this 10- day of APRIL,2013
By:Joshua D. Mondry, Manager of ZOLINE LOT 2 MAJEC, LLC, a Michigan limited liability company.
Witness my hand and official seal
My commission expires:
PCT23702 Notary Pu i
RECEPTION#: 598538,04/11/2013 at
09:56:23 AM,
i OF 2, R $16.00 DF $325.00 Doc Code
SPEC WD
Janice K.Vos Caudill,Pitkin County,CO Documentary Fee $ 325.00
SPECIAL WARRANTY DEED
THIS DEED, Made April 10, 2013
between ZOLINE LOT 2 MAJEC, LLC, a Michigan limited liability company
of the County of PITKIN and State of COLORADO,
of the first part, GRANTOR and DDC ASPEN, LLC, a Colorado limited liability company
whose legal address is: ' l70—L to {-•h ,>+
of the County of State of �� aS
of-the second part, GRANTEE
WITNESSETH, That the said parties of the first part,for and in consideration of the sum of Ten dollars and other
good and valuable considerations, to the said parties of the first part, in hand paid by the said parties of the
second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and
conveyed and by these presents do grant, bargain, sell, convey and confirm unto the said parties of the second
part, its successors and assigns forever, all the following described lots or parcel of land, situate, lying and being
in the County of PITKIN and State of COLORADO, to wit:
LOT 2,
STAGE ROAD PLANNED UNIT DEVELOPMENT/SUBDIVISION, according to the Plat
thereof recorded October 7, 2005 in Plat Book 75 at Page 32 as Reception No. 515869.
Together with all and singular the hereditaments and appurtenances there-unto belonging, or in anywise
appertaining, and the reversion and reversions, remainder and remainders, rents, Issues and profits thereof;and
all the estate, right, title, interest,claim and demand whatsoever, of the said parties of the first part, either in law or
equity, of, in and to the above bargained premises,with the hereditaments and appurtenances; TO HAVE AND
TO HOLD the said premises above bargained and described,with the appurtenances, unto the said parties of the
second part, its successors and assigns forever. And the said parties of the first part for themselves, their heirs
and assigns do covenant, grant, bargain and agree to and with the said parties of the second part, their
successors and assigns, to WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and
peaceable possession of said parties of the second part, its successors and assigns,against all and every person
or persons lawfully claiming or to claim the whole or any part thereof, by through or under the said parties of the
first part. The singular shall include the plural,the plural the singular, and the use of gender shall be applicable to
all genders.
IN WITNESS WHEREOF,the said parties of the first part have hereunto set their hand(s) and seal(s).
SIGNATURES ON PAGE 2 -' �� , , �r
G
1
1-,1
" kWESTCOR
' POLICY NO.
LAr;o Trtt-e Irau,4,r;cc ccasrA;4Y 0P-6-CC1045-3126646
ALTA OWNER'S POLICY (6-17-06)
ISSUED BY
WESTCOR LAND
TITLE INSURANCE COMPANY
OWNER'S POLICY OF TITLE INSURANCE
t� Iz
Any notice of claim and any other notice or statement in writing required to be given to the
Company under this Policy must be given to the Company at the address shown in Section 18
of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE 1h
CONTAINED IN SCHEDULE B, AND THE CONDITIONS, WESTCOR LAND TITLE INSURANCE
COMPANY, a California corporation (the "Company") insures, as of Date of Policy and, to the extent
stated in Covered Risks 9 and 10,after Date of Policy, against loss or damage, not exceeding the Amount
y' of Insurance,sustained or incurred by the Insured by reason of:
L Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to
insurance against loss from
(a) A defect in the Title caused by
(i) forger Y,fraud,undue influence duress incom etenc ,incapacity,or impersonation;
(ii) failure of any person or Entity to have authorized a transfer or conveyance;
(iii) a document affecting Title not properly created,executed,witnessed,sealed,acknowledged,
notarized,or delivered;
(iv) failure to perform those acts necessary to create a document by electronic means authorized
by law;
(v) a document executed under a falsified, expired, or otherwise invalid power of attorney;
k (vi) a document not properly filed,recorded,or indexed in the Public Records including failure
to perform those acts by electronic means authorized by law; or
(vii) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority
due or payable, but unpaid.
(c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the
Title that would be disclosed by au accurate and complete land survey of the Land. The term
"encroachment"includes encroachments of existing improvements located on the Land onto adjoining
land,and encroachments onto the Land of existing improvements located on adjoining land.
3. Unmarketable Title.
COVERED RISKS Continued on next page
IN WITNESS WHEREOF,WESTCOR LAND TITLE INSURANCE COMPANY has caused this policy
to be signed and sealed as of the Date of Policy shown in Schedule A,
Issued By: WESTCOR LAND TITLE INSURANCE COMPANY
001045* PCT23702W
Pitkin County Title Inc. B Y
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&4ott?1?R / 'VL�/V I
601 E.Hopkins#3
k rA,wrae resident
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Aspen,CO 81611 cInsurm
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Attest: k /
Secretary y
011-6 ALTA 6-17-06 Owncr's Policy (R L"I'IC:Edition 3-25-0S)
4. No right of access to and from the Land.
5. The violation or enforcement of any law,ordinance,permit,or governmental regulation(including those relating
to building and zoning)restricting,regulating,prohibiting, or relating to
(a) the occupancy, use,or enjoyment of the Land;
(b) the character,dimensions, or location of any improvement erected on the Land;
(c) the subdivision of land;or
(d) environmental protection
if a notice,describing any part of the Land,is recorded in the Public Records setting forth the violation or intention
to enforce,but only to the extent of the violation or enforcement referred to in that notice.
6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a
notice of the enforcement action, describing any part of the Land,is recorded in the Public Records,but only to
the extent of the enforcement referred to in that notice.
7. The exercise of the rights of eminent domain if a notice of the exercise,describing any part of the Land,is recorded
in the Public Records.
8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser fbr value without
Knowledge.
9. Title being vested other than as stated in Schedule A or being defective
(a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy,of a
transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting
Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer
under federal bankruptcy, state insolvency,or similar creditors'rights laivs;or
(b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer
under federal bankruptcy, state insolvency, or similar creditors'rights laws by reason of the failure of its
recording in the Public Records
(i) to be timely,or
(ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor.
10.Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has
been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and
prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown
in Schedule A.
The Company will also pay the costs, attorneys'fees, and expenses incurred in defense of any matter insured against
by this Policy, but only to the extent provided in the Conditions.
EXCLUSIONS FROM COVERAGE
The following niatters are expressly excluded from the coverage (b) not Known to the Company,not recorded in the Public Re-
of this policy,and the Company will not pay loss or damage,costs, cords at Date of Policy,but Known to the Insured Claimant
attorneys'fees,or expenses that arise by reason of: and not disclosed in writing to the Company by the Insured
1. (a) Any law,ordinance, perinit,or governmental regulation Claimant prior to the date the Insured Claimant became an
(including those relating to building and zoning) restricting, Insured under this policy;
regulating,prohibiting,or relating to (c) resulting in no loss or damage to the Insured Claimant;
(i) the occupancy,use,or enjoyment of the Land; (d) attaching or created subsequent to Date of'Policy(however,
(ii) the character,dimensions,or location of any improve- this does not niodily or limit the coverage provided under
ment erected on the Land; Coveted Risk 9 and 10);or
(iii)the subdivision of land;or (e) resulting in loss or damage that would not have been
sustained if the Insured Claimant had paid value for the
(iv)environmental protection;or the effect of any violation Title.
of these- laws,ordinances,or governmental regulations. An claim,b reason ot`the operation of federal banlcrtF xc
This Exclusion 1(a)does not modify or limit the cover- y y I { y,state
age provided under Covered Risk 5, insolvency,or similar creditors'rights laws,that the transaction
vesting the Title as shown in Schedule A,is
(b) Any governmental police power. "Phis Exclusion 1(b)does (a)a fraudulent conveyance or fraudulent transfer;or
not modify or liniii the coverage provided raider Covered
Risk 6. (b)a preferential transfer for any reason not stated in Covered
2. Rights of eminent doniain. This Exclusion does not modily or Risk 9 of this policy.
limit the coverage provided under Covered Risk 7 or 8. 5. Any lien on die Title for real estate taxes orassessments imposed
3. Defects, liens. encumbrances, adverse claims, ot•'other rnjit by governmental authority and created or attaching between
tens .00o-,of Policy and the date of recording of the deed or other
i islr'iiniem of transfer in the Public Records that vests Title as
(a) created, suffered, assunied, or agreed to by the Insured shown in Schedule A.
Claimant;
CONDITIONS AND STIPULATIONS
1.DEFINITION OF TERMS without Knowledge. Willi respect to Covered Risk 5(d),"Public
The following terms when used in this policy mean: Records"shall also include environmental protection liens filed
(a)"Amount Of Insurance": The amount stated in Schedule A,as in the records of the clerk of the United States District Court
for the district where the Land is located.
may be increased or decreased by endorsement to this policy,
increased by Section S(b),or decreased by Sections 10 and I 1 (j) "Title": The estate or interest described in Schedule A.
of these Conditions. (k)"Unmarketable Title":Title affected by an alleged or apparent
('b)"Date of Policy": The date designated as-'Date of Policy" in platter that would permit a prospective purchaser or lessee of
Schedule A. the Title or lender on the Title to be released from the obligation
to purchase, lease, or lend if there is a contractual condition
(c)"E=ntity": A corporation, partnership, trust, limited liability requiring the delivery of marketable title.
company,or other similar legal entity.
(d)"Insured": The Insured named in Schedule A. 2•CONTINUATION OF INSURANCE
(i) The term"Insured"also includes The coverage of this policy shall continue in force as of Date of
Policy in favorofan Insured,butonly solongas the Insured retains
(A)successors to the Title of the Insured by operation of an estate or interest in the Land,or holds an obligation secured by a
law as distinguished from purchase, including heirs, purchase money Mortgage given by a purchaser from the Insured,
devisees, survivors, personal representatives, or next or only so long as the Insured shall have liability by reason oi'war-
of kin; ranties in any transfer or conveyance of the Title. This policy shall
(B)successors to ail Insured by diSSOlntlOtl, merger. con- not continue in force in favor of any purchaser from the Insured
solidation,distributiOn,or reorganization; y of either(i)ail estate or interest in tine Land,or(ii)an obligation
(C)successors to an Insured by its conversion to another
secured by a purchase money Mortgage given to the Insured.
kind of Entity; 3.NOTICE OF CLAIM TO BE GiVEN BY INSURED
(D)a grantee of an Insured undera deed delivered without CLAIMANT
payment of actual valuable consideration conveying The Insured shall notify the Company promptly in writing(i) in
the Title case of any litigation as set forth in Section 5(a)of these Condi-
(1) if the stock,shares, memberships,or other equity lions,(ii)in case Knowledge shall come to an Insured hereunderof
interests of the grantee are wholly-owned by the any claim of title or interest that is adverse to the Title,as insured,
named Insured, and that might cause loss or damage for which the Company may
be liable by virtue of this policy,or(iii) if the Title,as insured,is
(2j ii'thc grantee wholly owns the named Insured, be
as Unnlarketable'rille. lithe Company is prejudiced by
(3) if the grantee is wholly-owned by an affiliated the failure of the Insured Claimant to provide prompt notice,the
Entity of the named hnsured,provided the affiliated Company's liability to the Insured Claimant under the policy shall
Entity and the named Insured are both ,vholly- be reduced to the extent of the prejudice.
owned by the same person or Entity,or
4. PROOF OF LOSS
(3) if the grantee is a trustee or beneficiary of a trust
created by a written instrument established by the ht the event the Company is unable to determine the aniount ol'loss
Insured named in Schedule A for estate planning or damage,the Company nlay,at its option,require as a condition
purposes. of payment that the Insured Claimant furnish n signed proof of loss.
The proof of loss must describe the defect,lien, encumbrance,or
(ii) Willi regard to(A),(B),(C),and(D)reserving,however,all other matter insured against by this policy that constitutes the basis
rights and defenses as to any successor that the Company of loss or damage and shall state,to the extent possible,the basis
would have had against any predecessor insured. of calculating the amount of the loss or damage.
(e)"Insured Claimant': An Insured claiming loss ordaniage.
5. DEFENSE AND Pi20SECUTiON OFACTIONS
(1) "Knowledge"or"Known": Actual knowledge, not construe-
live knowledge or notice that may be imputed loan Insured by (a)Upon written request by the Insured,and subject to the options
reason of the Public Records or any other records that impart contained in Section 7 of these Conditions,the Company, at
constructive notice of matters alleeiing the Title. its own cost and without unreasonable delay,shall provide for
the defense ofan Insured in litigation in which any third party
(g)"Land": The land described in Schedule A,and affixed improve- asserts a claim covered by this policy adverse to the Insured.
nlents that by law constitute real property. The term "Land" This obligation is limited to only those stated causes of action
does not include any property beyond the lines of the area alleging matters insured against by this policy. The Company
described in Schedule A.nor any right,title,interest,estate,or shall have the right to select counsel of its choice(subject to the
easement in abutting streets,roads,avenues,alleys,lanes,ways, right o1'the Insured to object for reasonable cause)to represent
or waterways,but this does not modify or limit the extent that a the Insured as to those staled causes of action. It shall not be
right of access to and from the Land is insured by this policy. liable for and will not pay the fees of any other counsel. The
(h)"Mortgage": Mortgage,deed oftrust,trust deed,orother secu- Company will not pay any fees,costs,or expenses incurred by
rity instrument,including one evidenced by electronic means the insured in the defense oftllose causes of action that allege
authorized by law. matters not insured against by this policy.
(i) "Public Records": Records established under state statutes at (b)The Company shall have die right, in addition to the options
Date orPolicy for the purpose of imparting constructive notice contained in Section 7 of these Conditions,at its own cost, to
of matters relating to real property to purchasers for value.sand institute and prosecute any action or proceeding or to do any
other act that in its opinion may be necessary or desirable to
CONDITIONS AND STIPULATIONS-CONTINUED
establish the Title, as insured,or to prevent or reduce loss or policy together with any costs, attorneys' fees, and expenses in-
damage to the Insured. ]'he Company may take any appropri- curred by the insured Claimant that were authorized by the Corn-
ate action under the terms of this policy,whether or not it shall pally up to the time of payment or lender of'payment and that the
be liable to the insured. The exercise of these rights shall not Company is obligated to pay.
be an admission of liability or waiver of any provision of this Upon the exercise by the Company of this option,all liability and
policy. If the Company exercises its rights under this subsce- obligations of the Company to the Insured under this policy,other
lion, it must do so diligently. obligations
to make the payment requires{in this subsection,shall termi-
(c) Whenever the Company brines an action or asserts a defense as nate,including any liability or obligation to defend,prosecute,or
required or permitted by this policy,the Company may pursue continue any litigation.
the litigation to a final determination by a court of competent (b)To Pay or Otherwise Settle With Parties Other Than the Insured
jurisdiction,and it expressly reserves the right,in its sole dis- car With the insured Claimant.
cretion,to appeal any adverse judgment or order.
(i) To pay or otherwise settle with other parties for or in the
6.DUTY OF INSURED CLAIMANT TO COOPERATE name of an Insured Claimant any claim insured against
(a) In all cases where this policy permits or requires the Company to under this policy. In addition, (lie Company will pay any
prosecute or provide for the defense of auy action or proceeding costs,attorneys'fees,and expenses incurred by the insured
and any appeals, the Insured shall secure to the Company the Claimant that were authorized by the Company up to the
right to so prosecute or provide defense in the action or pro- time of'paytnent and that the Company is obligated to pay.
ceeding,including the right to use,at its option,the name of the of
Insured forthispurpose. WheneverrequestedbythcCorn])any, (ii) To pay or otherwise settle with [lie Insured Claimant the
the insured,at the Company's expense,shall give the Company loss or damage provided for under this policy,together with
all reasonable aid(i)in securing evidence,obtainingvvitnesses, any costs, attorneys' fees, and expenses incurred by the
prosecuting or defending the action or proceeding,or effecting Insured Claimant that were authorized by the Company up
settlement,and(ii) in any other lawful act that in the opinion to the time of payment and that the Company is obligated
of the Company may be necessary or desirable to establish to pay.
the Title or any other matter as insured. If the Company is Upon(lie exercise by the Company ofeither of the options provided
prejudiced by the failure of the insured to furnish the required for in subsections(b)(i)or(ii), the Company's obligations to the
cooperation, the Company's obligations to the Insured under Insured under this policy for the claimed loss or damage, other
the policy shall terminate,including any liability or obli.-ation than the payments required to be made,shall terminate,includillo
to defend,prosecute,or continue any litigation,with re-ard to any liability or obligation to defend, prosecute, o continue any
the matter or matters requiring such cooperation. litigation.
(b)The Company may reasonably require the Insured Claimant to
submit to examination under oath by any authorized represcnta- S•DETERMINATION AND EXTENT OF LIABILITY
live of the Companyand to produce forexantination,inspection, This policy is a cone act of indemnity against actual monetary loss
and copying, at such reasonable times and places as may be or damage sustained or incurred by the Insured Claimant Who has
designated by the authorizedi representative of the Company, suffered loss or damage by reason of matters insured against by
all records,in WhalCVer medium maintained, including books, this policy.
ledgers,checks,memoranda,correspondence,reports,e-mails, (a)The extent of liability of the Company for loss or damage under
disks,tapes,and videos whether bearing a slate before or after tills policy shall not exceed the lesser of
Date of Policy. that reasonably pertain to the toss or damage.
Further, if requested by any authorized representative of the (i) the Amount of Insurance;or
Company, the Insured Claimant shall grant its permission, in (ii) the dif crence between the value of the Title as insured and
writing, for any authorized representative of the Company to the value of the Title subject to the risk insured against by
examine,inspect,and copy all of these records in the custody or this policy.
control ofa third party that reasonably pertain to the kris ordain" (b)If'the Company pursues its rights under Section S o1'these
ate. All information designated as confidential by the Insured
Claimant provided to the Company pursuant to this Section shall Conditions and is unsuccessful in establishing the Title, as
not be disclosed to others unless,in the reasonable judgment of insured,
the Company,it is necessary in the administration of the claim. (i) the Amount of Insurance shall be increased by 10',"0,and
)+ailml"eOrlhe insured Claimant to submitforexamination under (ii) the insured Claimant shall have the right to have the loss
oath, produce any reasonably requested information,or grant or darna,c delea7nined cilher as of the date the claim was
permission to secure reasonably necessary information from made by the Insured Claimant or as of the date it is settled
third parties as required in this subsection,Unless prohibited by and paid.
law or governmental regulation,shall terminate any liability of
the Company under this policy us to that claim. (c) In addition to the extent of liability under(a)and(h),[he Com-
pany Will also pay those costs, attorneys' fees, and expenses
7.OPTIONS TO PAY OR OTHERWISE SETTLE incurred in accordance with Sections 5 and 7 of these Condi-
CLAIMS,TERMINATiON OF LIABILITY Lions.
In case of a claim under this policy;the Company shall have the 9.LIMITATION-OF LIABILITY
following additional options: "
(a) Ifthe C;otu establishes the Title, or removes the alleged
(a) To Pay or Tender Payment of the Amount of insurance. defect,lien,or encumbrance,or cures the lack ofa ri,ht of ac-
To pay or tender payment of the Amount of 111SUFMCe under this ce4 t0V'ois-front the Land,or cures the claim of Unmarketable
Title, all as insured, in a reasonably diligent manner by any no joinder or consolidation with claims or controversies of'other
Method,including litigation and the completion ofany appeals, persons. Arbitrable matters may include, but are not limited to..
it shall have fully perfornned its obligations with respect to that any controversy or claim between the Company and the insured
matter and shall not be liable for any loss or damage caused to arising out of a•relaling to this policy,any service in connection
the Insured. with its issuance or the breach ofa policy provision,or to any other
(b)In the event of any litigation,including litigation by the Com- controversy or claim arising out of the transaction giving rise to
pany or with the Company's consent, the Company shall have this policy. All arbitrable matters when the Amount of Insurance
no liabi lity for loss or damage until there has been a final deter- is 52,000,000 or less shall be arbitrated at the option of either the
urination by a coot of competent jurisdiction,and disposition Company or the Insured. All arbitrable matters when the Amount
of all appeals,,adverse:to the Title,as insured, of insurance is in excess of$2,000,000 shall be arbitrated only
when agreed to by both the Company and the Insured. Arbitration
(c) The Company shall not be liable for loss or damage to the pursuant to this policy and under the Rules shall be binding upon
Instu•ed for liability voluntarily assumed by the Insured in set- tine parties. .htclgnnent upon the award rendered by the Arbitrator(s)
tling any claim or suit without the prior written consent of the May be entered in any court of competent jurisdiction.
Company.
15,LIABILITY LIMITED TO THIS POLICY; POLICY
10. REDUCTION OF INSURANCE; REDUCTION OR ENTIRE CONTRACT
TERMINATION OF L.IABiLITY
(a)This policy together with all endorsements,if any,attached to
All payments under this policy,except payments made for costs, it by the Company is the entire policy and contract between the
attorneys'fees,and expenses,shall reduce theAnnount of Insurance insured and[lie Company. In interpreting any provision of this
by the amount of the payment. policy,this policy shall be construed as a whole.
11.LIABiLiTY NONCUMULATIVE (b)Any claim of loss or damage that arises out ofthe status ol'the
The Amount of insurance shall be reduced by any amount the Title or by any action asserting such claim shall be restricted
Company pays under any policy insuring a Mortgage to which to this policy.
exception is taken in Schedule B orto which the insured has a�,reed, (c)Any aniendnnent of or endorsement fir this policy must be in
assumed,or taken subject,or which is exeCUled by an Insured after writing and authenticaled by an authorized person,or expressly
Date of Policy and which is a charge or lien on the Title,and the incorporated by Schedule A of this policy.
amount so paid shall be deemed a payment to the Insured tinder (d)Each endorsement to this policy issued at any time is made a
this policy. part of this policy and is subject to all of its terms and provi-
12. PAYMENT OF LOSS sions. Except as the endorsement expressly states, it does not
(i) modify any of the terms and provisions o1'tlie policy, (ii)
When liability and the extent ofloss or damage have been definitely modify any prior endorsement,(iii)extend the Date of Policy,
fixed in accordance with these Conditions, tine payment shall be or(iv)increase the Amount of insurance.
made within 30 days.
13.RIGHTS OF RECOVERY UPON PAYMENT'OR 16.SEVERABiLiTY
SETTLEMENT In line event any provision of this policy,in whole or in part,is held
Whenever invalid or unenforceable under applicable law,tine policy shall be
R
(a) henever the Company shall have settled and paid a claim deemed not to include that provision or such part held to be invalid.
under this policy, it shall be subrogated and entitled to the but all other provisions sliall remain in Pull force and effect.
rights of the insured Claimant in the Title and all other rights
and remedies in respect to the claim that the insured Claimant 17.CHOICE OF LAN}; FORUM
has against any person or property,to the extent of the amount (a)Choice of Law: The insured acknowledges the Company has
of any loss. costs, attorneys' fees, and expenses paid by the undcnvritten the risks covered by this policy and determined
Company. lf'requested by the Company,the Insured Claimant the premium charged therefor in reliance upon the law affecting
shall execute documents to evidence the transfer to the Con,- interests in real property and applicable to the interpretation,
pany orlhese rights and remedies. The Insured Claimant shall rig its, remedies• or enforcement of policies of title insurance.
permit the Company to sue,compromise,or settle in the name of the jurisdiction where the Land is located.
of the insured Claimant and to use (lie name of the insured
Claimant in any transaction of litigation involving these rights Therefore,the court or an arbitrator shall apply the law of the.
and remedies. jurisdiction where the Land is located to determine the validity
of claims against the Title tliat are adverse to the Insured and to
if a payment on account ofa claim does not fully cover the loss interpret and enforce the terms of this policy. In neither case
of the Insured Claimant, the Company shall defer the exercise shall the court or arbitrator apply its conflicts of law principles
of its right to recover until alter the Insured Claimant shall have to determine the applicable law.
recovered its loss.
(b)The Company's right of subrogation includes the rights of tic (b)Choice oi'Corum: Any litigation or other In oceeding brought
by the Insured against the Company must be filed only in a
Insured to indemnities,guaranties,other policies of insurance, slate or federal court within the United States of America or its
or bonds,notwithstanding any terms or conditions contained territories having appropriate jurisdiction.
in those inst'urnents that address subrogation riohts.
14.ARBITRATION
18,NOTICES,WHERE SENT
Any notice of claim and any other notice or statement in writing
Either the Company or the Insured may demand that the claini or tegtiired to be given to the Company trader this policy must be
controversy shall be submitted to arbitration pursuant to the Title given to the Company at: Westcor Land Title insurance Company,
Insurance Arbitration Rules of the American Land Tit 4c'o Associa-
iii.: Claims, 201 N, New York Ave., Ste. 200, Winter Park,
tion ("Rules"). Except as provided in the Rules, there shall be , . dorida 32759.
ALTA OWNER'S POLICY
(6-17-06)
1
i
WESTCOR
LAND TITLE
INSURANCE COMPANY
ql
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i
1
OWNER'S POLICY
OF
TITLE INSURANCE
1
�rl
i
HOME OFFICE
V
R+1 201 N. New York Avenue, Suite 200
Winter Park, Florida 32789
Telephone: (407) 629-5842
Owner's Policy of Title Insurance - Schedule A
Issued by
Name and Address of Title Insurance Company: Westcor Land Title Insurance Company, 201 N. New York Avenue,
Suite 200,Winter Park, Florida,32789
State: CO
County: PITKIN
Address Reference: 345 RELAY ROAD, ASPEN, CO 81611
File No.: PCT23702W5 Policy No.: OP-6-CO1045-3126646
Amount of Insurance: $3,250,000.00 Premium: $5,798.00
Date of Policy:April 11, 2013 @ 9:57 AM
Simultaneous#: LP-1 3-CO1 045-3126647 Reinsurance#:13-385
1. Name of Insured: DDC ASPEN, LLC, A COLORADO LIMITED LIABILITY COMPANY
2, The estate or interest in the Land that is insured by this policy is: IN FEE SIMPLE
3. Title is vested in: DDC ASPEN, LLC, A COLORADO LIMITED LIABILITY COMPANY
4. The Land referred to in this policy is described as follows:
LOT 2,
STAGE ROAD PLANNED UNIT DEVELOPMENT/SUBDIVISION, according to the Plat thereof recorded October 7, 2005
in Plat Book 75 at Page 32 as Reception No. 515869.
Issued By
C�-�'> -
Authorized Signatory
SCHEDULE B-OWNERS
CASE NUMBER DATE OF POLICY POLICY NUMBER
PCT23702W5 April 11, 2013 @ 9:57 AM OP-6-CO1045-3126646
THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING:
1. Any facts, rights, interests, or claims which are not shown by the public records but which could be
ascertained by an inspection of the land or which may be asserted by persons in possession, or claiming
to be in possession, thereof.
2. Easements, liens, encumbrances, or claims thereof, which are not shown by the public records.
3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that
would be disclosed by an accurate and complete land survey of the Land, and that is not shown by the
public records.
4. Any lien, or right to a lien, imposed by law for services, labor, or material heretofore or hereafter furnished,
which lien, or right to a lien, is not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance
thereof; (c) Indian treaty or aboriginal rights, including but not limited to, easements or equitable
servitudes; or, (d)water rights, claims or title to water(see additional information page regarding water
rights),whether or not the matters excepted under(a), (b), (c)or(d) are shown for the public records.
6. Taxes or assessments which are not now payable or which are not shown as existing liens by the records
of any taxing authority that levies taxes or assessments on real property or by the public records;
proceedings by a public agency which may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or by the public records
7. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity, or
garbage collection or disposal or other utilities unless shown as an existing lien by the public records.
SPECIAL EXCEPTIONS:
8. Taxes and assessments(not including condominium or homeowners association assessments or dues)
for the year 2013 and subsequent years only, a lien not yet due and payable.
9. 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 and/or right of way for ditches or canals constructed
by the authority of the United States as reserved in United States Patents recorded October 27, 1892 in
Book 55 at Page 31, August 11, 1909 in Book 55 at Pages 172 and 173 and June 16, 1947 in Book 171 at
Page 290,
10. Right of way for ditches or canals constructed by the authority of the United States and reservation of all
uranium, thorium or any other material which is or may be determined to be peculiarly essential to the
production of fissionable materials,together with the right at any time to enter upon the land and prospect
for, mine and remove the same, as reserved in United States Patents recorded December 10, 1952 in
Book 180 at Page 87 and September 19, 1953 in Book 180 at Page 187.
view
11. Easement and right of way for an electric transmission or distribution line or system, as granted to Holy
Cross Electric Association, Inc., in instrument recorded August 11, 1969 in Book 242 at Page 634.
view
12. Easement granted to Aspen Metropolitan Sanitation District in instruments recorded December 1, 1969 in
Book 244 at Pages 740, 742 and 744.
view
13. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No.OR-30, Series of
by Board of County Commissioners recorded May 19, 1987 in Book 536 at Page 987.
view
14. Terms, conditions, provisions and obligations as set forth in Con servatio6,basements recorded August 12,
1987 in Book 543 at Page 664 and August 12, 1987 in Book 543 at Page 668.
view
(Continued)
POLICY NO. OP-6-CO1045-3126646
CASE NO. PCT23702W5
SCHEDULE B-OWNERS --EXCEPTIONS--CONTINUED--
15. Terms, conditions, provisions and obligations as set forth in Agreements recorded November 15, 1993 in Book
730 at Page 957, November 15, 1993 in Book 731 at Page 27 and Settlement Agreement recorded March 26,
1999 as Reception No.429230.
view
16. Terms, conditions, provisions and obligations as set forth in Second Amended and Restated Agreement to Buy
and Sell Real Estate recorded May 14, 2004 as Reception No.497592 and Agreement recorded November 5,
2008 as Reception No. 554047.
view
17. Terms, conditions, provisions and obligations as set forth in Utility Easement recorded May 14, 2004 as Reception
No.497599
view
18. Terms, conditions, provisions and obligations as set forth in Construction License Agreement recorded May 14,
2004 as Reception No.497600
view
19. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No.6, Series of 2005 by The
City Council of the City of Aspen recorded August 19, 2005 as Reception No. 513680 and Amendment thereto
recorded January 10, 2007 as Reception No. 533189.
view
20. Terms, conditions, provisions and obligations as set forth in Fourth Amended and Restated Pre-annexation
Agreement:Bar/X Ranch and The City of Aspen recorded October 7, 2005 as Reception No. 515868
21. Easements, rights of way and all matters as disclosed on Plat of subject property recorded October 7, 2005 in Plat
Book 75 at Page 32 as Reception No. 515869 and First Supplement to the Final Plat of Stage Road Planned Unit
Development/Subdivision recorded October 15, 2009 in Book 92 at Page 1 as Reception No. 563657 and
Termination of Access and Utility Easement recorded February 11, 2011 as Reception No. 577594.
view
22. Terms, conditions, provisions and obligations as set forth in PUD Control Document, Development and Vested
Rights Agreement: Stage Road Planned Unit Development/Subdivision recorded October 7, 2005 as Reception
No. 515890
view
23. Terms, conditions, provisions and obligations as set forth in Restated and Amended Water Service Agreement
recorded October 7, 2005 as Reception No. 51 5891
view
24. Terms, conditions, provisions and obligations as set forth in Road Easement Agreement recorded October 7, 2005
as Reception No. 515894
vi w
25. Terms, conditions, provisions and obligations as set forth in Road Easement Agreement recorded October 7, 2005
as Reception No. 515913
view
(Continued)
POLICY NO. OP-6-CO1045-3126646
CASE NO. PCT23702W5
SCHEDULE B-OWNERS --EXCEPTIONS--CONTINUED--
26. Those terms, conditions, provisions, obligations, easements, restrictions, assessments and all matters as set forth
in Protective Covenants for Stage Road Planned Unit Development recorded January 17, 2007 as Reception No.
533454 and First Amendment to Amended and Restated Declaration of Covenants for Stage Road PUD recorded
January 25, 2007 as Reception No. 533814, deleting therefrom any restrictions indicating any preference,
limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin.
view
27. Terms, conditions, provisions and obligations as set forth in Declaration of Architectural Restrictions for Stage
Road Planned Unit Development/Subdivision recorded October 7, 2005 as Reception No. 515915
view
28. Terms, conditions, provisions and obligations as set forth in Agricultural Lands Conservation Easement recorded
October 7, 2005 as Reception No. 515916
view
29. Terms, conditions, provisions and obligations as set forth in Maroon Creek Canyon Conservation Easement
recorded October 7, 2005 as Reception No. 515917
view
30. Terms, conditions, provisions and obligations as set forth in Master Deed Restriction Agreement for the
Occupancy and Resale of Lot RM, Stage Road Planned Unit Development/Subdivision recorded October 7, 2005
as Reception No. 515918
view
31. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No.41, Series of 2005 by City
Council of the City of Aspen recorded October 18, 2005 as Reception No. 516372.
view
32. Terms, conditions, provisions and obligations as set forth in Historical Monument Access Easement recorded
June 13, 2006 as Reception No. 525203
view
33. Terms, conditions, provisions and obligations as set forth in Trail Easement recorded March 7, 2007 as Reception
No. 535196
view
34. Terms, conditions, provisions and obligations as set forth in Sanitary Sewer Line Easement recorded October 15,
2009 as Reception No. 563654
view
35. Encroachments of split rail fence and retaining walls onto easement in the southwest corner of subject property as
disclosed by Survey of Sopris Engineering -LLC dated June 2011 and updated February and March 2013 as Job
No. 11097.
(Continued)
POLICY NO. OP-6-CO1045-3126646
CASE NO. PCT23702W5
SCHEDULE B-OWNERS --EXCEPTIONS--CONTINUED--
36. Deed of Trust from : DDC ASPEN, LLC, A COLORADO LIMITED LIABILITY COMPANY
To the Public Trustee of the County of PITKIN
For the use of :ANB BANK
Original Amount : $2,437,500.00
Dated : April 10, 2013
Recorded : April 11, 2013
Reception No. : 598539
37. Deed of Trust from : DDC ASPEN, LLC, A COLORADO LIMITED LIABILITY COMPANY
To the Public Trustee of the County of PITKIN
For the use of : ZOLINE LOT 2 MAJEC LLC, A MICHIGAN LIMITED LIABILITY COMPANY
Original Amount : $500,000.00
Dated : April 10, 2013
Recorded : April 11, 2013
Reception No. : 598541
The above Deed of Trust has been subordinated to the lien of the Deed of Trust recorded April 11, 2013 as
Reception No. 598539 insured hereunder by Subordination Agreement recorded April 11, 2013 as Reception No.
598540.
EXCEPTIONS NUMBERED 1 THRU 7 ARE HEREBY DELETED, EXCEPT FOR SUBSECTION (d) UNDER
PARAGRAPH NUMBER 5 (WATER RIGHTS).
State: CO County: PITKIN Agent Number:C01045 Order Number:PCT23702W5
CLTA FORM 110.1
DELETION OF ITEM FROM POLICY
Attached to and forming a part of
Policy No, OP-6-CO1045-3126646
Issued by
WESTCOR LAND TITLE INSURANCE COMPANY
The Policy is hereby amended by deleting paragraph(s) 1,2,3,5,6 and 7 of Schedule B, except for subsection (d) under
paragraph number 5 (Water Rights).
This endorsement is issued as part of the policy. Except as it expressly states, it does not(i) modify any of the terms and
provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of
Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of
this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of
the policy and of any prior endorsements.
Dated April 11,2013
Authorized Siqnatory
9. A written description of the proposal and a written
explanation of how the proposed development
complies with the review standards relevant to the
development application.
CCY ARCH ITECTS
To whom it may concern:
Erica Golden, CCY Architects, acting as representative for DDC Aspen, LLC has written the below description
for the Proposed Land Use Application for Lot 2, Stage Road PUD, Double Bar X.
The proposed Land Use Application for an Insubstantial Planned Unit Development(PUD)Amendment is
submitted to amend the platted building envelope for Lot 2 in the Stage Road PUD at Double Bar X Ranch
(DBX).
CCY Architects has worked with the DBX Architectural Control Committee(ACC)to determine a proposed
building envelope which would maintain the development goals of the original building envelope. Please see
letter included in this application showing approval of the proposed envelope from the DBX ACC& HOA.
There is no net increase from the original platted building envelope to the proposed building envelope as
illustrated in the amended plat, included in this application.
Please contact either Erica Golden (CCY Architects)or Cate Love (Sopris Engineering)with any questions
pertaining to this application. Cate Love will be submitting this application on behalf of the Owner and acquiring
the required signatures once the plat has been approved in order to record the plat.
Thank you,
Erica S. Golden
COTTLE CARR YAW ARCHITECTS LTD
228 Midland Ave PO Box 529 Basalt CO 81621
970-927-4925 fax 970-927-8578
ccyoffice@ccyarchitects.com
10. A proposed PUD Amendment plat showing the
change to the development envelope. SEE
ATTACHED.
s
EXISTING CONDITIONS WITH TOPOGRAPHY OF:
LOT 2,STAGE ROAD PLANNED UNIT DEVELOPMENT/SUBDIVISION
A PARCEL OF LAND SITUATED IN SECTION 2
TOWNSHIP 10 SOUTH,RANGE 85 WEST OF THE 6th P.M. -
CITY OF ASPEN,COUNTY OF PITKIN,STATE OF COLORADO
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A PARCEL OF LAND SITUATED IN SECTION 2,TOWNSHIP 10 SOUTH,RANGE 85 WEST OF THE 6th P.M.CITY OF ASPEN,COUNTY OF PITKIN,STATE OF COLORADO
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EXISTING CONDITIONS WITH TOPOGRAPHY OF
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A PARCEL OF LAND SITUATED IN SECTION 2
TOWNSHIP 10 SOUTH,RANGE 85 WEST OF THE 6th P.M.
CITY OF ASPEN,COUNTY OF PITKIN,STATE OF COLORADO
SHEET 2 OF 2
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11. Letter from HOA stating approval to apply for
the application. SEE ATTACHED.
TWO STAGE ROAD HOMEOWNER'S ASSOCIATION
DBA DOUBLE BAR X RANCH
532 E. HOPKINS AVE.
ASPEN, CO 81611 970/920-4988
July 30,2013
Justin Barker
City of Aspen
Planning and Zoning
130 So.Galena
Aspen,CO 81611
Re: Insubstantial Planned Unit Development(PUD)Amendment for Lot 2,Stage Road Planned Unit
Development/Subdivision (aka: Double Bar X Ranch)
Dear Justin:
This letter is being written to confirm approval on behalf of the Two Stage Road Homeowner's
Association and Architectural Control Committee for a Building Envelope Adjustment proposal for Lot 2.
We have been working with CCY Architects who have been engaged as Lot 2's architectural design team
and have represented to us that there will be no net increase in envelope total area and will not
negatively affect the PUD as proposed.
The proposed envelope adjustment is in the attached PDF,dated 7/15/13 by CCY Architects for the
property owner DDC Aspen LLC and Susanne and Colby Denison.
CCY Architects will be coordinating with Sopris Engineering LLC to produce an Amended Final Plat once
approved. This amended final plat will be submitted to the City of Aspen as an Insubstantial PUD
Amendment(under Land-Use Code Section 26.445.100.A)for approval and recording.
Should you have further questions, please contact either Greg or myself as managing partners of the
Two Stage Road Homeowner's Assocation and/or Erica Golden of CCY Architects.
Thank you.
/Jane, ills
Managing Partner
,a'wo Stage Road Homeowner's Association
Architectural Control Committee
12. All other materials required pursuant to the
specific submittal requirements.
NONE
13. Applications shall be provided in paper format
as well as on either of the following digital formats.
Compact Disc (CD) — preferred, or a thumbdrive.
Two (2) paper copies and one (1) CD have been submitted.