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HomeMy WebLinkAboutLand Use Case.133 Prospector Rd.0064.2013.ASLU THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0064.2013.ASLU PARCEL ID NUMBERS 273514213052 PROJECTS ADDRESS 133 Proposector (Highlands) PLANNER SARA NADOLNY CASE DESCRIPTION Insubstantial PUD Amendment REPRESENTATIVE KIM RAYMOND ARCHITECTS,INC DATE OF FINAL ACTION 10.30.13 CLOSED BY DJAMA MARTIN ON: 03/11/2014 �tro a.`,�II9ii'uq#� liilil�'IPf?llfiiiii(ili�l �i# ``i I, Perrnits q File Edit Record Nalligate Form Reports Format Take Help ? 3'PoY i `-'g E; um Main I Custom Fields i Routing Status Fee Summary Actions r Routing History Permit type .:F ;spec Land Use Permit# M54.2011AHU ~� Address 133PROSPEC70RRD Apt/Suite C-4114$ City ASPEN Skate CO Zip 8,1611 Permit Information Masker permit Routing queue asluC17 Applied 10,122.,2013 o Project Status pendfing Approved rn _ " Description PROJECT:HiOHL'.tdC PIZZACO14PAhtY Issued FINAL PUD;,&P'UDAMEND,14EI-F IN S U 8 S7ANTIAL PUC.4,11Et1Ct.9E1°f7 Closed/Final Submitted KIM R,4'(MONDARCHITECTS,INC Clock Running Days 0 Expires 1C!"I7t'2014 Submitted via Owner Last name E„SrWOOC HIGHLA.2'IN) First name 115 BOOMERANG RC E2U1 Phone (ui M L2E-.-3517 Address F. A.PEN CO1E11 Applicant Owner is applicant? Contractor is applicant? Last name CC HI~ HL,NDS I1rVE;TORS First name 133 PROSHC7OR RC 4102 Phone iF,01 K' K17 Cust# 2£S1E Address ASPEN CC g1E11 Lender Last name ! First name Phoney Address AspenGold5(server) djamam View 1 of 1 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: 1 3 3 Pp D sO(104 0R R j 0A,00 R Aspen, CO STATE OF COLORADO ) ss. County of Pitkin ) I, a h cci-y-)i 1 V CA 1 C t�� -� t +'� (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) or Section 26.306.010 (E) of the Aspen Land Use Code in the following mamier: 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 no later than fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. 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 no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. 4 Si re The foregoing"Affidavit of Notice"was acknowledged befo e me this day of_ ((101 , 2014, by WITNESS MY HAND AND OFFICIAL SEAL PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the My commission expires: 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,pertain- 1``VI'1A.JJ „msµ..-.Ij�t Y•NA�71 -j`(, t �''" ing to the following described property:Aspen Highlands Village PD,Aspen Highlands Condo- miniums Phase I,commonly known as 133 Pros- Notary Public pector Rd,Building 4,Parcel ID:2735-142-13-052. On March 10,2014,the Aspen Community Devel- opment Director granted an Insubstantial PD [My AREN REED PATTERSON Amendment approval to permit the reconfiguration NOTARY PUBLIC of commercial space within Building 4 of the As- pen Highlands Village. This reorganization does STATE OF COLORADO not affect the current amount of commercial floor ATTACHMENTS area for the property. For further information con- NOTARY ID#19964002767 tact Sara Npadolny,at the City of Aspen Communi- Cob aao f m)n429 Dept.73930 S.Galena St,Aspen, Commission Facpires February 15,2016 s/City of Aspen COPY OF THE P UBLICATION Publish in The Aspen Times Weekly on March 13, 2014. [10014193] DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is accepted and deemed complete by the Chief Building Official 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. Eastwood Highlands Investors LLC—0133 Prospector Rd Unit C4144B, Aspen, CO 81611 Property Owner's Name, Mailing Address Aspen Highlands Condominiums Phase I Building 4 Aspen Highlands Village PD, County of Pitkin State of Colorado; commonly known as 0133 Prospector Rd, Aspen, CO 81611 Legal Description and Street Address of Subject Property The owner has received permission to reconfigure the current commercial space within Building 4 of Highlands Village All newly created units will continue to be used commercially. Written Description of the Site Specific Plan and/or Attachment Describing Plan Approval by the City of Aspen Community Development Director of an Insubstantial PD Amendment-, received March 6, 2014. Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) March 13, 2014 Effective Date of Development Order (Same as date of publication of notice of approval.) March 14, 2017 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26308.010 of the City of Aspen Municipal Code.) Issued this 13th day of March, 2014, by the City of Aspen Community Development Director. Chris Ben on Community Develop nt ire for NOTICE OF APPROVAL For an Insubstantial PUD Amendment to Aspen Highlands Village PD for Aspen Highlands Condominiums,Phase I aka 0133 Prospector Rd,Building 4, County of Pitkin, State of Colorado Parcel ID No.: 273514213052 APPLICANT: Eastwood Highlands Investors, LLC 0133 Prospector Rd, Suite 4102 Aspen, CO 81611 SUBJECT & SITE OF AMENDMENT: Aspen Highlands Village, 0133 Prospector Rd, Building 4,Aspen CO, 81611 SUMMARY: The applicant is requesting an Insubstantial Amendment to the Aspen Highlands Planned Development (PD) permitting the reconfiguration of commercial space within Building 4 of Aspen Highlands Village. BACKGROUND: This property is located in the Aspen Highlands Village PD, and is part of the Ski Area Base (SKI)/PD zone district. The Aspen Highlands Village PD was originally approved by the Pitkin County Board of County Commissioners (BOCC) in 1997 via Resolution No. 97-167, and was later annexed into the City via Ordinance No. 8, Series of 2000. The City approved a rezoning of the parcel to R-15, R-30, R/MP, Conservation, L/TR, Ski and PD overlaying zoning districts via Ordinance No. 36, Series of 2000. In 2010 Integrated Design Ideas was granted a building permit for a minor remodel to the commercial space of Building 4, which included the reconfiguration of the rest rooms and the construction of a wall with a door that divided the main restaurant area into two commercial spaces. In October, 2013, an administrative Notice of Approval for an Insubstantial PD Amendment (Reception No. 605212) was granted allowing the construction of a wall that would separate Unit C- 4114 (former home of Highlands Pizza Company) into two separate commercial spaces. CURRENT PROPOSAL: The Applicant proposes to amend the 2013 approval into an alternate configuration, which would divide the existing commercial space at Aspen Highlands Village Building 4 into four separately functioning commercial spaces. The space formerly occupied by the Highlands Pizza Company, measuring 1,487 sq. ft. is proposed to be divided by a wall into two commercial spaces measuring 531 sq. ft. and 956 sq. ft. The remaining commercial space is proposed to be subdivided with two new commercial spaces, measuring 94 sq. ft. and 153 sq. ft. (see Exhibit A). This current approval is an amendment and intended to supersede the October 2013 approval. RECEPTION#: 608979, 03/28/2014 at 02:33:04 PM, 1 OF 3, R $21.00 Doc Code APPROVAL 1 Janice K.Vos Caudill, Pitkin County, CO REVIEW PROCEDURE: • Insubstantial PD Amendments to an approved Project Review or an approved Detailed Review may be authorized by the Community Development Director, so long as five specific criteria are met (see Exhibit B, Review Criteria). STAFF EVALUATION: Staff finds the proposal to meet the requirements for an Insubstantial PD Amendment. The application is consistent with the original approval, with the spaces remaining predominantly commercial in use. The proposed reconfiguration of commercial space does not require a variation from the permitted use, and does not involve a request to increase the allowed height or overall approved floor area of the building. The proposed changes are within the dimensional tolerances stated in the original approval for commercial space at this location, and the application represents an insubstantial change to the PD. Staff finds all relevant criteria to be met. Staff finds this proposal to be consistent with the project's original approval to use the space commercially. However, Staff feels it is important to memorialize the changes associated with this approval to document the four newly created spaces as remaining commercial in use. Each of the subject spaces was originally part of one combined 2,143 sq. ft. commercial space. In 2010 the applicant received permission to divide the commercial space. That approval made it clear that the configuration maintains each space as predominantly commercial in use. The reconfiguration of separate commercial spaces as proposed in the current application (Exhibit A) may create an area perceived to be used solely as circulation space, changing the designation in this area from commercial net leasable to non-unit space. The Applicant has agreed that all newly divided areas, shows as office on Exhibit A, will continue to function as commercial space. With this assurance, Staff finds the review criteria for and Insubstantial PD Amendment to be met. DECISION: The Community Development Director finds the Administrative Application for an Insubstantial PD Amendment, as noted above, to be consistent with the review criteria (Exhibit B) and thereby,APPROVES the request. All newly divided office spaces (as indicated by Exhibit A)will be used as commercial net-leasable space. APPROVED BY: OAO.' a - hris�Bendon, Community evelop t erect or Date Attachments: Exhibit A: Site Plan(Recorded) Exhibit B: Review Criteria/Staff Findings(In file) Exhibit C: Application(In file) 2 5(h(-b ' , CITY OF A ' C�o�t --- Gown U &V)jc,ww-lZ EXI ING STAIR PAUL L ID Z�" F ND AMP EXISTING LL' WALL LL. O O wv Z 2 � O WALL ASSEMBLY 2 W TO MATCH C U Z NEW WALL ORIGINAL AT OFFSET SUBMITTAL .,, LL INEXISTING Fi. Z LL WALL .,�2_-z'=k- INGRESS/ �� x --------- Z O I EGRESS - - W CL CHA' 1 ,.0•R DER..1/27/-1 4. a ADDITf OFFICES A03 JAN 0 llil ASi, BUILDING Df p&, Page 1 of 1 I IIIIII VIII VIII VIII VIII IIII IIII Print Date: Janice K. Vos Caudill Pitkin County Transaction#: 59603 3/28/2014 2:33:06 Clerk and Recorder Receipt#: 201401883 PM 530 East Main Street Cashier Date: 3/28/2014 2:33:04 PM Aspen, CO 81611 (TDRISCOL) (970) 429-2707 www.PitkinClerk.org Customer Information Transaction Information Payment Summary DateReceived: 03/28/2014 Source Code: Over the Counter Q KIM RAYMOND Q Code: Mail Total Fees $21.00 Return Code: Over the Counter Total Payments $21.00 Trans Type: Recording Agent Ref Num: 1 Payments P C11ICK 1961 $21.00 1 Recorded Items BKPG: 0/0 Reception:608979 Date:312812014 AR (APPR{OVAL_,) APPROVAL. ANY 2:33:04 PM TYPE From: To: Recording @ $11 for 1 pg and $5 for 2 or more pgs $1 Surcharge 3 $21.00 0 Search Items 0 Miscellaneous Items file:///C:/Program%20Files/RecordingModule/default.htm 3/28/2014 I CITY OF A 1% ER Wk t��OC4 la&v)k LLL EXI ING STAIR PAR(; � �� Z� L+-t2• `'�U C.T� �-- ND AMP V'! W EXISTING U. WALL U. O Q J W U "OFFICE ! s1 d Y z14 TIC � o F {G J I U WALL x ASSEMBLY + I W TO MATCH U z NEW WALL ORIGINAL ; _ AT OFFSET SUBMITTAL U_ k IN EXISTING F `° zx WALL INGRESSI �! , ----_---_ EGRESS y -- --- z W per. �Rt � d. -A 314" s'? 13 r T Ll El v e r x CHA R 112.7kt4 3 y, ADDIT rur OFFICES A 03 JAN w0 � , Exhibit B Review Criteria Insubstantial Amendments. An insubstantial amendment to an approved Project Review of an approved Detailed Review may be authorized by the Community Development Director. An insubstantial amendment shall meet the following criteria: 1. The request does not change the use or character of the development. Staff Response: The Applicant has proposed a division to the current commercial space found at Building 4 of the Aspen Highlands Village. The space will continue to be used commercially. Staff finds this criterion to be met. 2. The request is consistent with the conditions and representation in the project's original approval, or otherwise represents an insubstantial change. Staff Response: Staff finds this application to be consistent with the project's original approval. The subject area was designated as commercial space, and will continue to be used as such. The application does not require a variation from the project's approved use or dimensional requirements. Staff finds this criterion to be met. 3. The request does not require granting a variation from the project's allowed use(s) and does not request an increase in the allowed height or floor area. Staff Response: The proposed re-division of commercial space at Building 4 of Highlands Village does not require a variation from.the project's allowed use at this location, nor does it involve a request to increase the allowed height or approved floor area. Staff finds this criterion to be met. 4. Any proposed changes to the approved dimensional requirements are limited to a technical nature, respond to a design parameter that could not have been foreseen during the Project Review approval, are within dimensional tolerances stated-in the Project Review, or otherwise represents an insubstantial change. Staff Response: The proposal involves a reconfiguration of the walls of the commercial spaces at Building 4 of Highland's Village. The changes are within the dimensional tolerances stated in the original PD approval, and represent an insubstantial change to the PD. Staff finds this criterion to be met. 5. An applicant may not apply for Detailed Review if an amendment is pending. Staff Response: The applicant is not applying for any Detailed Review at this time. Staff finds this criterion to be met. 1 ATTACHMENT Z--AND USE APPLICATION PROJECT: Name: 7 l C 1 L i O.S ? Location: 3 t r "' —C. t _ G ffz Indicate street address,Iot&block number,legal description where appropriate) Parcel ID# (REQUIRED) APPLICANT: Name: Address: %7 c Phone#: C, CZ j REPRESENTATIVE: Name: Address: 1 t 4". Phone 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 e' Other: Conditional Use t lsa$5 iArr—rt1+.e "Ptl7 A kn sr-" p Yzi�yt'T EXISTING CONDITIONS: (description of existing buildings,uses,previous approvals,etc: ' 2- t CQ PROPOSAL: descri tion oof7 pro sed buildings,uses,modifications,etc. L__t_J2_0 4 12i r'1 u✓1(o Have yod attached the following? FEES DUE: Cf Pre-Application Conference Summary Attachment#l,Signed Fee Agreement [� Response to Attachment#3,Dimensional Requirements Forms'),/it Response to Attachment#4,Submittal Requirements-Including Written Responses to Review Standards ❑ 3-D Model for large project 17 , All plans that are larger than 8.5"X 11"must he folded. A disk with an electric c (Microsoft Word Format)must be submitted as part of the application. Large scale projects kftft e an electronic 3-D model. Your pre-application conference summary will indicate if you 'mit a 3-D model. 12013 C►TY O1` ""0" k'TYD pSP�N �IELOPIIEW P) ecl=t `3 Lt Si riLt AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: pews LA n i 4- C-- Aspen, CO S(J e*i K cS V1 Ict-in S -CX 1 IA-VIM i 0 i A WK _ STATE OF COLORADO ) ss. County of Pitkin ) I, ZY ICC m +1 0 (name,please print) being or representing 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) or Section 26.306.010.(E) of the Aspen Land Use Code in the following manner: 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 fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. 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 no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. Signature The foregoing"Affidavit of Notice" was acknowledged before me this day of 20LIly :Zh � 15A P%IC Nonce a DIVILOPMENTAPPROVAL WITNESS MY HAND AND OFFICIAL SEAL Notice is hereby given to the general pub,c of the approval of a site specific development pit",and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title M commission expires: r'.�-I 24,Article 68,Colorado Revised Statutes,pertain- y ing to the following legally described property:As- pen Highlands Condominiums Phase I,Unit C-1411,Aspen Highlands Village PUD,0133 Pros- L.. pector Rd.,County of Pitkin,State of Colorado.On October 25th,2013 the Community Development Director granted Insubstantial PUD Amendment Notary Public approval to allow a wall to be constructed at the Current Highlands Pizza Company location that will divide this unit into two separate commercial spac- es.For further information contact Sara Nadolny,at the City of Aspen Community Development Dept. 130 S. Galena St,Aspen,Colorado(970) - 429.2739. S/City of Aspen ATTACHMENTS: 3, Published In the A7 rn Times Weekly on October COPY OF THE PUBLICATION Page 1 of 1 *56188* Pitkin County Transaction#: 56188 Print Date: Janice K. Vos Caudill Receipt#: 201307882 10/30/2013 2:15:58 Clerk and Recorder Cashier Date: 10/30/2013 2:15:56 PM PM 530 East Main Street Aspen, CO 81611 (LDEAN) (970) 429-2707 www.PitkinCierk.org Customer Information Transaction Information Payment Summary DateReceived: 10/30/2013 Source Code: Over the Counter Q KIM RAYMOND ARCHITECTS INC Q Code: Over the 1280 UTE AVE SUITE 5 Counter Total Fees $31.00 ASPEN, CO 81611 Return Code: Over the Total Payments $31.00 Counter Trans Type: Recording Agent Ref Num: 1 Payments P CHECK 1878 $31.00 1 Recorded Items ■ BK/PG: 0/0 Reception:605212 Date:10 13012013 AAPPROVAL) APPROVAL ANY 2:15:54 PM TYPE From: To: Recording @ $11 for 1 pg and $5 for 2 or more pgs $1 Surcharge 5 $31.00 0 Search Items 0 Miscellaneous Items file://C:\Program Files\RecordingModule\default.htm 10/30/2013 ATTACHMENT 2—LAND USE APPLICATION PROJECT: Name: Location: (� �}'� r "" "'j" —G t _T Indicate street address lot&block number,legal descri tion where appropriate) Parcel ID#(REQUIRED) r 'Z_ APPLICANT: Name: I 61 L 0 <.. 1-33 f ` - { j lO Z Phone#: q c REPRESENTATIVE: Name: Address: 1 Phone#: C1 zi-ej "Z.06 'Z. 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 e' Other: Conditional Use j N15U$5-,-Ar rt/}1.j 42V P EXISTING CoNDmoNs: (description of existing buildings,uses,previous approvals,etc. F"f ', t f PROPOSAL: descri on of pro sed buildings,uses,modifications,etc. Have yog attached the following? FEES DUE: 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 41,* All plans that are larger than 8.5"X 11"must be folded. A disk with an electric c (Microsoft Word Format)must be submitted as part of the application. Large scale projt ftsme an electronic 3-D model. Your pre-application conference summary will indicate if you ngts�s mit a 3-D model. 2-1 2013 CITY��1MU��D pSP Pew- DEVELOPM113' ENT L4 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: �3 3 �P`�s-p c�� 1:� a, LA n i 4- c-- t� Aspen, CO S(J e*i Ki-A h la-n S e011 �'M i 11 i 111 . STATE OF COLORADO ) ss. County of Pitkin ) I, �Y ICC m i lun Mgt +j n (name, please print) being or representing rApplicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26.306.010.(E) of the Aspen Land Use Code in the following manner: 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 fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. 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 no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. Signature The foregoing "Affidavit of Notice" was acknowledged before me this day of n(► &R r , 201�-by � 14 PUBLIC NOTICE Of DEVELOPMENT APPROVAL WITNESS my HAND AND OFFICIAL SEAL Notice is hereby given to the general pub[ of the - - - - - - - - - approvaFof a site specific development plhn,and - - - - the creation of a vested property nght pursuant to the Land Use Code of the City of Aspen and Title M commission expires: 24,Article 68,Colorado Revised Statutes,pertain• Y -�— ing to the following legally described property:As- pen Highlands Condominiums Phase I,Unit (� C-1411,Aspen Highlands Village PUD,0133 Pros- x.•/^^11 0 ^, `/ pector Rd.,County of Pitkin,State of Colorado.On October 25th,2013 the Community Development Director granted Insubstantial PUD Amendment Notary Public approval to allow a wall to be constructed at the current Highlands Pizza Company location that will divide this unit into two separate commercial spac- es.For further inforrnatbn contact Sara Nadolny,at the City of Aspen Community Development Dept. 130 S. Galena St,Aspen,Colorado(970) 429-2739. at City of Aspen ATTACHMENTS: 31,2o 3d,no'Aarn Times Weekly on October COPY OF THE PUBLICATION Page 1 of 1 *56188* Pitkin County Transaction#: 56188 Print Date: Janice K. Vos Caudill Receipt#: 201307882 10/30/2013 2:15:58 Clerk and Recorder Cashier Date: 10/30/2013 2:15:56 PM PM 530 East Main Street (LDEAN) Aspen, CO 81611 (970) 429-2707 www.PitkinClerk.org Customer Information Transaction Information Payment Summary DateReceived: 10/30/2013 Source Code: Over the Counter Q KIM RAYMOND ARCHITECTS INC Q Code: Over the 1280 UTE AVE SUITE 5 Counter Total Fees $31.00 ASPEN, CO 81611 Return Code: Over the Total Payments $31.00 Counter Trans Type: Recording Agent Ref Num: 1 Payments C:IIECK 1878 $31.00 P 1 Recorded Items t BKPG: 0/0 Reception:605212 Date:10 13012013 (APPROVAL) APPROVAL ANY 2:15:54 PM TYPE From: To: Recording @ $11 for 1 pg and $5 for 2 or more pgs $1 Surcharge 5 $31.00 0 Search Items 0 Miscellaneous Items - - - - - - - - - - - - file://C:\Program Files\RecordingModule\default.htm 10/30/2013 RECEPTION#: 605212, 10/30/2013 at 12:15:54 PM, `I OF 5, R $31.00 Doc Code APPROVAL Janice K. Vos Caudill, Pitkin County, CO NOTICE OF APPROVAL For an Insubstantial PUD Amendment to Aspen Highlands Village PUD for Aspen Highlands Condominiums, Phase I aka 0133 Prospector Rd, Building 4,Unit C-4114 County of Pitkin, State of Colorado Parcel ID No.: 273514213052 APPLICANT: Eastwood Highlands Investors, LLC 0133 Prospector Rd, Suite 4102 Aspen, CO 81611 -SUBJECT & SITE OF AMENDMENT: Aspen Highlands Village, 0133 Prospector Rd, Unit C-4114,Aspen CO, Site of Highlands Pizza Company SUMMARY: The applicant is requesting a PUD Amendment for the addition of a wall that will divide the current Highland's Pizza Company space into two separate commercial spaces. This wall will potentially change the way the now-adjacent commercial space is used. This PUD Amendment will memorialize the use of each space as commercial net-leasable spaces. BACKGROUND: This property is located in the Aspen Highlands Village PUD, and is part of the Ski Area Base (SKI)/PUD zone district. The Aspen Highlands Village PUD was originally approved by the Pitkin County Board of County Commissioners (BOCC) in 1997 via Resolution No. 97-167, and was later annexed into the City via Ordinance No. 8, Series of 2000. The City approved a rezoning of the parcel to R- 15, R-30, R/MP, Conservation, L/TR, Ski and PUD overlaying zoning districts via Ordinance No. 36, Series of 2000. In June, 2000 Insubstantial Amendment was granted permitting the high school lift towers to reach a height of 55'. In July, 2000 Insubstantial Amendment was granted allowing the reallocation of floor area within the Thunderbowl neighborhood. The amendment increased the floor area for affordable housing units, and swapped the amount of floor area permitted between Lot 1 and Lot 7. In March, 2002 Insubstantial Amendment was granted allowing for the staging location of the Maroon Bells RFTA bus. In June, 2003 Insubstantial Amendment was grated for decks on the affordable housing in the PUD, with areas under roof overhangs to be exempt from floor area calculations. 1 In 2010 Integrated Design Ideas was granted a building permit for a minor remodel to the commercial space of Building 4, which included the reconfiguration of the rest rooms and the construction of a wall with a door that would divide the main restaurant area into two. CURRENT PROPOSAL: The Applicant proposes to divide Unit 4144B of Highland's Village's Building 4 into two commercial spaces. The space is currently occupied by the Highlands Pizza Company, and measures 1,487 sq. ft. The proposed wall will divide the unit into two separate commercial spaces - one commercial 512 sq. ft., and the second measuring 975 sq. ft. The latter of the two spaces will continue to be used by the Highlands Pizza Company at this time. REVIEW PROCEDURE: • Insubstantial PUD Amendments to an approved development order for a final development plan may be approved by the Community Development Director, so long as a series of nine(9) criteria are met (see Exhibit B, Review Criteria). STAFF EVALUATION: Staff finds the proposal to meet the requirements for an Insubstantial PUD Amendment. The proposed wall does not change the use or character of the development, as the spaces will remain commercial in use. There is no change in the overall coverage of structures on the land. At this time Staff does not believe this proposal will add to an increase in trip generation rates, and there is no anticipated increase in demand for public utilities. This proposal does not change the amount of approved open space for the Aspen Highlands PUD, nor does it impact the amount of approved off-street parking and loading spaces, pavement widths, or right-of-way for streets and easements. The approved gross leasable floor area will remain unchanged, and there is no impact to the approved residential density of the development. Staff finds this proposal to be consistent with the project's original approval which is to use the area for commercial purposes. However, Staff feels it is important to memorialize the changes associated with this approval to document the three newly created spaces as remaining commercial in use. Each of the three commercial spaces was originally part of a combined 2,143 sq. ft. commercial space. In 2010 the applicant received permission to construct Wall No. 1, indicating space A (as indicated in Figure A, below) would be used as overflow seating (along with another commercial use) for the adjacent restaurant. This made it clear that space A would remain commercial in nature even after the wall's construction. 2 ® 0 BEYOND EiVUTMG A!ABNN EXISTING KITCHEN aqua MSTtl "WH uc t; �1 COMMERCIAL COMMERCIAL 512�. "' 512 sgft Space A Wait No. 1 Space B Space „T ExtSTYYf NPIl. fgVl MA DOORS TO RE l L �-= COMMERCIAL 975 SF Vt With the creation of Wall No. 2 between Spaces B & C, Staff is concerned that Space A will be used as circulation space, changing the designation from commercial net leasable to non-unit space. This would trigger a formal change in use and would require a full PUD Amendment with a board-level review. The Applicant has agreed that Space A will continue to be used a commercial space, and will not be maintained as merely circulation space for the other commercial units within Building 4. With this assurance, Staff finds the review criteria for and Insubstantial PUD Amendment to be met. Approval of this application is conditioned upon the following: • Space A (as indicated by Figure A, above) will continue to be used as commercial net- leasable space. 3 DECISION: The Community Development Director finds the Administrative Application for an Insubstantial PUD Amendment, as noted above, to be consistent with the review criteria (Exhibit B) and thereby,APPROVES the request,with a condition. APPROV D BY: 04 ZS Zvi Chris endon, Community Development Director Date Attachments: Exhibit A: Site Plan(Recorded) Exhibit B: Review Criteria/Staff Findings (In file) Exhibit C: Application(In file) 4 Exhibit A Division of Commercial Spaces F-- INGRESSIEGRESS FOR OFFICE SUITES v� BEYOND L EIJC-ING AAA BATH ti EXISTING KITCHEN l 1 AD,P".MF 1 EXIST ING AGA BATH i 1' i I1 III COMMERCIAL _ COMMERCIAL c—= 512 sq ft 656sgft s v^. EXISTINGN64LL LNEWL100 ANC C'DCRS TO REMAIN NEWWALLS COMMERCIAL 975 S.F. 1,1 11 Q Exhibit B Review Criteria 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 Response: The Applicant has proposed a division to the current commercial space found at Building 4, Unit C-4114B of the Aspen Highlands Village. The space will continue to be used commercially. Staff finds this criterion to be met. 2. An increase by greater than three percent (3%) in the overall coverage of structures on the land. Staff Response: This application proposes no increase in the overall coverage of structures on the property. 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 Response: Staff does not anticipate any increases in trip generation rates to this property as a result of the application, or an increase on the demand for public facilities. Staff finds this criterion to be met. 4. A reduction by greater than three percent (3%) of the approved open space. Staff Response: This application does not propose any change to the amount of approved open space on the property. Staff finds this criterion to be met. 5. A reduction by greater than one percent (I%) of the off-street parking and loading space. Staff Response: This application does not propose any change to the amount of approved off-street parking and loading space for the property. Staff finds this criterion to be met. 6. A reduction in required pavement widths or rights-of-way for streets and easements. Staff Response: This application does not propose any changes in the required pavement widths or rights-of-way for streets and easements. Staff finds 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 Response: By creating the proposed wall, the large area currently used as a restaurant space for the Highlands Pizza Co. will be divided into two separate commercial spaces. There is no increase in the amount of approved gross leasable 1 floor area of this commercial building as a result of this application. Staff finds this criterion to be met. 8. An increase by greater than one percent (1%) in the approved residential density of the development. Staff Response: This application involves commercial space and has no impact on the amount of approved residential density of the development. 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 Response: Staff finds this application to be consistent with the project's original approval. The subject area was designated as commercial space, and will continue to be used as such. The application does not require a variation from the project's approved use or dimensional requirements. Staff finds this criterion to be met. 2 DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Eastwood Highlands Investors LLC—0133 Prospector Rd Unit C414413 Aspen, CO 81611 Property Owner's Name, Mailing Address Unit C-4114 Aspen Highlands Condominiums Phase I Aspen Highlands Village PUD County of Pitkin State of Colorado; commonly known as 0133 Prospector Rd Aspen, CO 81611 Legal Description and Street Address of Subject Property The owner has received permission to install a wall to separate Unit No. C-4114 into two units, the first measuring g 12 sq ft in size and the second measuring g1 75 sq. ft. in size. Both units will continue to be used commercially. Written Description of the Site Specific Plan and/or Attachment Describing Plan Approval oval by the City of Armen Community Development Director of an Insubstantial PUD Amendment; received October 28, 2013. Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) October 31, 2013 Effective Date of Development Order (Same as date of publication of notice of approval.) November 1, 2016 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 28th day of August, 2013, by the City of Aspen Community Development Director. Chris Bendon, Community Development Director October 18, 2013 Chris Bendon .r% City of Aspen Community Development Director 2013 130 S Galena Street, 3rd Floor OCT 21 Aspen, CO 81611 CITY of p�gpEN ciou r pEVELOPME RE: Highlands Pizza Company Eastwood Highlands Investors, LLC 0133 Prospector Rd,Unit C411413,Aspen CO Parcel ID: 2735-142-130-052 Dear Chris Bendon, I am requesting the approval of The City of Aspen to build a wall inside the Highlands Pizza Company's existing dining room to create a private dining room within the current restaurant and overflow dining area. Please see the attached floor plans for the proposed wall location. The following letter will address,the Sections of the Land Use Application Manual and the Land Use Code as outlined by Sara Nadolny in the pre-application conference summary dated October 10, 2013. LAND USE APPLICATION MANUAL SECTIONS Section 1.1; Please see attached letter of authorization from Eastwood Highlands Investors, LLC granting Kim Raymond Architects,Inc authority to act on their behalf throughout this process. Section 1.2; Please see the attached Vicinity Map with a legal description and directions to the property. Section 1.3; Please find the Proof of Ownership in the form of a Certificate of Ownership and Special Warranty Deeds. 809 F C:nonPr AvPnuP Suite A I AsnPn rnlnrndn 1 81 911 1 A70 g9ti 99ti9 Section 1.4;A site plan was waived since the proposed work is entirely interior. Section 1.5; Please see below,the description and summary of all requested information pertaining to the Land Use Code sections in regard to the proposed development. Section 1.6; Pre-application Conference Summary sheet is attached at the end of this packet of information. Section 1.7; Not Applicable Section 1.8;This application packet includes all requested docu by Sara Nadolny in the pre-application conference summary coo LAND USE CODE SECTIONS OCT 2 12013 CITY OF ASPEN Section 26.445.100(A) PUD Insubstantial Amendments. COMMUNITY DEVELOPMENT The proposed work does not fall into any of the nine categories listed in this section of the LUC; which would not be considered`insubstantial' amendments: 1. The use of the space remains unchanged. The dining area is just being divided into two dining rooms. 2. There is no change in overall coverage of structures on the land. 3. There will be no change to trip generation rates with the change of dining areas to the base of Highlands. 4. There will be no change to the approved open space in the development. 5. The off street parking is not affected. 6. No change to pavement or rights of way for streets or easements. 7. The work will have no affect on the approved gross leasable floor area of commercial buildings. There is no change of floor area. 8. The residential density remains unchanged. 9. The proposed wall in the existing restaurant to create a private dining area remains consistent with the project's original approval and does not require a variance for use or dimensional requirements. I look forward to working with the City on this small project; please don't hesitate to call if you need any further information from me. Thank you for your help with this matter. Sincerely, Kim Raymond,Prir&ipal Kim Raymond Architects,Inc Rn9 F CnnnPr AvPnuP RiRp 4 1 AsnPn rninnwin I R1R11 1 AM 9o5 2999 ---71 INGRESS/EGRESS I �>\� I FOR Iv OFFICE SUITES [� BEYOND EXISTING ! 1 \� ADABATH/ EXISTING KITCHEN 11� � 1 � J ADARAMP '' f� .---. W 0 t EXISTING o 0 O ADA BATH W U . � N N � UP z N z a � O OVERFLOW DINING/ARCADE PRIVATE DINING ROOM Z U 1 ~ TO REMAIN 512 sq ft — -- - -- J O� CL 656 sq ft 31/2„ -------- 3 112" 3'-6" 4'-2114" EXISTING WALL I NEW DOO AND DOORS _ TO REMAIN NEW WALLS I _I RESTAURANT 975 S.F. FLOOR PLAN 7�FASpEIV 02 GENERAL NOTES LEGEND 1. W NOTBCIIE DTMN4N& l EXISTING WALLS TO BE REMOVED 2 VEAFYALLIRMHAtD CI®( % vunc MB.�$NUGEIC. EXISTING WALLS TOREMAIN [` �aNTAMr nea®nrn SroDE.war�eso gm . n D@gWLOGNIp/GIDR MWLPBIi)IMA WOIaDPNION OA3](OFM� i NEW WALLS AND AAONIRB'NULOMNE iF R.OaE pBBIfATCddigl✓B VS NTNIMAI NDiFTD6gIDIBapP AM'OIBOEPAN®B601E RptffiYA'MiNTEWdIK 4 A D BETYh131ARORECRIV M@DODIMBVIn ORBErlffiI E a �ASR DRAW4ARIMTIEFH➢WMfilIX198MlLBE6MFt3)M1M T D69NERSGOE 1r Bi1�YLO�YImRA�DArMLIWOO� NgDE®ND WRNTEKTAIUTKXI OMAEODIIAOMMMOM&BMTMWrI. laa'�C t':T4�Lt Jf,!=.F ztsidr,.as n CEIIKi NT%RDHARE NOTT]TfRDN IiSIfB1T0R BHAV. 1�4ATEALL�OIEC-SYMliVRN1 ScTMWp1 .,.._, . .rc -..•"•"• n Au¢�cnrx'AUNCeniva7 DEMLY I6TAllATIDNRWLHERxENBRR,•T 11�AIIW ODf1O101AO�&OaALL-IIEOIAO�O� ADOOIMTICE WRHALLAPP P'�c ODDE9.IE iI.TADDa4ATn�IIB.BAB{pq TIE GD°ETnrra noD'r wwruar®cmN ITTETlTroMOOIe-Dp/Tg11ALLTPAlO TaDIDIwaPwMTOwAaoms ). FocHREH9ATWT1UED—EAOMOT3lq APEroEEB(FPQ11®!�E'!M1x FROM MEGNNGLOR lBFCIR!K lFYI¢H O WALL MPIgR 6 COHRVGTORro 9LPR.x BLOOOlGN®LHi A9ILOl1®WRTIBAE9F{qR 9TRUCRRTE PEA MMIFAORIEIiBR®1g.Bllfl O2 PIP611OW8013PBlRfB n cOrrtrrclDRrocoGRDNATEIauns oc R l6PBD®TSDLPEH.WGt+aaFaa.W TrPErotY"HERABATAIEBAMEiBWTDNQ nW Pq In ALL MUlTRE 8MId1LOG1101N ARETO BE OAMH®AID PHTALLID FACE PIAIE COJflIPlATp 9W1NDi BECDTANJBIRI® O4 EPU4A 11. RRE 9nNRIH19TSIFA1ro BE MODNH1ro ACOOAgMIE i ggpgi O � caNrnAnrOn ro Blsur uTaTr ro DI�Tea wR APPPIOVIL f2 REFENroBPH]RCI,TIONe PAO(KIEFVR IiSRINOIMATIDN O (WHEW(VHAROJL MIN INA.MM FROL•LL. MLR.g3TANCE FROM WALL, , PER WOE � i .... NOTE:HAND RAILINGRRAMP &STAIRS TO EXTEN012 " BEYOND TOP&BOTTOM RISER, ,k PER OOOE HALLWAY 1 103 4'-]TIr d r, ]R' Lm \\1 oN �,A.la• 1 Ln 1 La � i� a-low' 1 o4m•In sa�1A11cn>sTm1 m n Gil PIAN38VwV41 Ty _ 0&13.10 HICIA10=1021101XIDMID OS11.10 Pq&p1'aTRTAmrAT. np1310OVIR• A _— 063610 PB]UQI3UMarrAL.2 U 5 WOMEN PRR1II1oD 3EIa 104 MBRRB. S 6 I BRIRIP lIT. _ �_ f "G1S e 2 T I .... ' 2 ? .... -'::: _ r I k KITCHEN I a I lD ;�"� ❑ 106 ..... MIP BLOCKING 4 2 ? I N T • 1D6N`1`` PARTITIONS,SHELVES, ,A/ - *. I 5 S 5 - ACCESSORIES,MIRROR, VANITY, �. UP A FLOORING m TD BECAR ETSONMES,PER OWNER5 IFlOAICA E �1 ARCADE 101 O UP SKIP M.N. 1 ' ...................-..__. . NIM YATON COOK EASTI S,w T 5'-T]� O 107 5, 5 WA . _ HIGHLANDS 3a&' 1'1-131• BAR �.\.M1, ._... _ 110 O - -- - -- DEVELOPMENT IXIST.TENANT SPACE _' _ A�mllnowwlmewzAae m 1 O O O O O O --- --- - -- --- - IXIST.TENANT SPACE ,l m�Ano SIGN ABOVE DOOR R NOTE DOORS YIgi UN OURITpIRAIN tl PROPOSED TENANT IMPROVEMENT --- i FLOORI E CAMXM 70 PET L DINING E5 LL lao 5 DINING B 109 a � O I r eVESTIBULE I� 1 l0e eTTH __........ - R06Fo :Dorm T-11• 1-10r A]Af I Ii PIE 2-11• 1'-lTf 27-11'+I' ■@i113E y.&112, A PROPOSER PLAZA LEVEL. A TR• FLOOR PLAN n PROPOSED PLAZA LEVEL FLOOR PLAN A-2. 1 >k�1•a ATTACHMENT 5 �' f t o - ieTte;}ratscl�asi`^Iµideas Ll I w EXISTING SPACE UNUSED LEGEND FUTURE REMODEL OPTION EIMNG WALLS TO BE REMOVED MMEEMM pUSTM WALLSTO REMN NEW WALLS EXISTING SPACE UNUSED = FUTURE REMODEL OPTION == Ol EXISTING SERVICE HALLWAY I r. 010'1.10 9C1BYfATICDBS[!i i 041410 PLAN 7RV1BV�1 -- -- Ol it 061310 NOA DR9CR1M�1D']O 14 15 ON t.n A _ - ❑ ❑❑ .. I 0066231110 0 Pr�sil11Rar[•SU Marr•L . L 14 15 03 03 ` ATHROOM 05 i 10 ATHROOM-i� 11 .05'r :� I L...... ol 02 03 ' EXISTING KITCHEN y SERVICE 05 OFF❑1 -E pl t� 02 02 ` 03 \ - — -- - — 03 Lj EXISTING ART GALLERY 08 t UP DEMOLITION NOTES - i 03 fl ALL NEW WALLS A CEILING TO BE SKIP TROWEL TEXTURE TO MATCH .', ^y/ -ryR, HIGHLANDS EXISTING CONDITIONS.COLOR TO MATCH EXISTING. DEVELOPMENT 1 EXISTING BAR SO PREP CONTRACTOR SUPPLIED AND INSTALLED. ' 02 EXISTING FLOORING TO BE REMOVED AS NOTED.CONTRACTOR TO \e _.__.._...... O1 PREPARE CONCRETE FOR NEW FLOORING AS SPECIFIED BY OWNER. _ _- ®EXISTING INTERIOR BASEBOARDS,DOORS AND CASING TO BE ------------------ __— _ _ ___ __ ASPEN,COLORADO REMOVED-PREPARE FOR NEW BASE,CASE i DOORS. "''_ ` _ -- - -- A9P&1 iDIRMTR7B V OS/1L18 SEE FINISH SCHEDULE ------------------------------------------------------ --_ - -- ®EXISTING EXTERIOR DOORS AND WINDOWS TO BE CLEANED UPON COMPLETION OF JOB. DINING'- '�� � ''� ��` 0©EXISTING LIGHTING TO BE REMOVED.PREPARE FOR J.- p2 O1 NEW LIGHTING.ALL2X262X4FLOURESCENTLIGHTS DINING TO BE SALVAGED FOR TENANT.SEE RCP. EXISTING DINING ®CONTRACTOR TO UPDATE ELECTRICAL AND PLUMBING _ pl AS NEEDED PER CODE 02 07 MECHANICAL SYSTEMS TO BE COORDINATED BY CONTRACTOR,PER CODE. ®REMOVE EXSTG.OUTLETS&SWITCHES.NEW OUTLETS,SWITCHES AND ." •. ,T, I S O PLATE COVERS TO BE AT NEW SPECIFIED LOCATIONS.COLOR TO MATCH EKSTG. ` ®ALL WOOD SCRAP TO BE RECYCLEDICOMPOSTED PER CITY REQUIREMENTS pQ YO QO PLUMBING FIXTURES TO BE REMOVED.TOILETS AND GRAB RS TO BE RE 03 USED. `- ' F � � 03 AT ©REMOVE EXISTING DOORS 6 RE-USE IN NEW LOCATI0N. 03 _ _- ® tlIl � �� NOBfo DOQiJ10 FI-21 REMOVE EXISTING DOOR.PREP WALL TO MATCH EXISTING. O4 12 oliHl 13 REMOVE EXISTING WALL AND PREP FOR NEW DOOR. ' ®REMOVE GRAB BARS O BATHROOM.PREP WALL FOR NEW BLOCKING AT SPECIFIED LOCATIONS ON INTERIOR ELEVATIONS. P1A?A LEVEL DE►(OLLILON PIJDOR PUN 15 REMOVE ALL BATHROOM FIXTURES.PREP WALL BLOCKING FOR NEW MIRROR,TOILET PAPER DISPENSER,ETC. SEE INTERIOR ELEVATIONS. ®REMOVE EXISTING EXHAUST FAN.PREP FOR NEW FAN. O1 PLAZA LEVEL DEMOLTION FLOOR PLAN ATTACHMENT D-1 .0 m Z, YrWM f Hams RWWPMW H Ol L POSED PLAZA LEVEL FLOOR PLAN A-Z. 1"'I'stwood Ilidlllil'e,ds Investors! 1,1X , (970)925.9817 phone(970)920.6905 fax October 16, 2013 City of Aspen Attn: Sara Nadolny 130 South Galena Street Aspen, CO 81611 RE: Insubstantial PUD Amendment for C4114B Dear Ms. Nadolny, Please accept this letter as approval for Kim Raymond of Kim Raymond Architects to apply for an insubstantial PUD amendment for building 4 on our, Eastwood Highlands Investors, LLC, behalf. Please see below for Kim's information: Kim Raymond Architects 802 East Cooper Aspen, CO 81611 970-925-2252 RECEIVED Thank you, OCT 2 1 2013 CITY OF ASPEN COMMUNITY DEVELOPMENT Jordan Sarick Eastwood Highlands Investors, LLC Manager M I GA L 1 S ?1ZTA coM a 131$ Vitc> f Pocol- b A UP, uh i T e• 4 u4 5 e,10 VI Q ti. v "�• C m H31 I,t n ^ya A Pei b �{ _%k' c ` 13A Ilse pen High ? School 7 '"�rtsill H / } r . +t Aspen Val aGx �+n' `�.. �tb — eena Ice liospita SteMel �e�e �c� Lewis Ice The Church of +� G Z,� Arena r, Jesus Christ of Letter-day Saints t ON c q+ C>a, CD 0 m r Z w OAS I+oghlands ry ti' J��bOVd1�'r. CERTIFICATE OF OWNERSHIP The undersigned, an Attorney licensed to practice law in the State of Colorado with Colorado Supreme Court Registration No. 30719 hereby certifies the ownership of the following real property located at 0133 Prospector Road,Aspen,Pitkin County, Colorado (the"Property"). A. The parcel proposed for development is legally described as follows: UNIT C-4114,ASPEN HIGHLANDS CONDOMINIUMS,PHASE I, ACCORDING TO THE CONDOMINIUM MAP RECORDED JANUARY 11, 2001 IN PLAT BOOK 56 AT PAGE 24 AND AMENDED ON JANUARY 27, 2005 IN PLAT BOOK 72 AT PAGE 6 AS RECEPTION NO. 506407 AND AS FURTHER DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION FOR ASPEN HIGHLANDS CONDOMINIUMS RECORDED JANUARY 11,2001 UNDER RECEPTION NO. 450454. B. The names of all owners of the property are as follows: PI CASTLE ROCK, LLC,A COLORADO LIMITED LIABILITY COMPANY AS TO AN UNDIVIDED 14.28%INTEREST,AND EASTWOOD HIGHLANDS INVESTORS,LLC,A COLORADO LIMITED LIABILITY COMPANY AS TO AN UNDIVIDED 85.72% INTEREST C. The Property is not subject to the following deeds of trust,mortgages,judgments or liens: 1. DEED OF TRUST DATED MAY 03,2013,FROM PI CASTLE ROCK, LLC,A COLORADO LIMITED LIABILITY COMPANY AS TO AN UNDIVIDED 14.28%INTEREST,AND EASTWOOD HIGHLANDS INVESTORS,LLC,A COLORADO LIMITED LIABILITY COMPANY AS TO AN UNDIVIDED 85.72% INTEREST TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF ALPINE BANK TO SECURE THE SUM OF $2,500,000.00 RECORDED 1 AtCEIV 2013,UNDER RECEPTION NO. 599256; SAID DEED OF TRUST WAS F �! SECURED BY ASSIGNMENT OF RENTS RECORDED MAY 03, 2013,UNDER RECEPTION NO. 599257 OCT 9 1 7013 2. The lien for 2013 ad valorem real property taxes,payable in 20.E I 1 y Of- ASPS `, 1!!00 d4 l'y np rt r ;, IFW D. A list of all easements, contracts and agreements affecting the Property is as follows: 1. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED JANUARY 18, 1892,IN BOOK 55 AT PAGE 20 AND RECORDED APRIL 7, 1903 IN BOOK 55 AT PAGE 507 1 BUS-RE/4913927.1 2. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED JUNE 25, 1957, IN BOOK 181 AT PAGE 506. 3.EASEMENTS AND RIGHTS OF WAY FOR WATER PIPELINE PURPOSES AS SET FORTH IN INSTRUMENTS RECORDED JUNE 10, 1960 IN BOOK 191 AT PAGE 15 AND RECORDED SEPTEMBER 18, 1961 IN BOOK 195 AT PAGE 231. 4.TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION 997-167 RECORDED SEPTEMBER 30, 1998 AT RECEPTION NO.422629 AND RESOLUTION#39(SERIES OF 1998)RECORDED OCTOBER 5, 1998 UNDER RECEPTION NO.422779 AND RESOLUTION#98-79 RECORDED OCTOBER 15, 1998 UNDER RECEPTION NO. 423268. 5. TERMS,CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED APRIL 28, 1981 IN BOOK 407 AT PAGE 648 AND ASSIGNMENTS THEREOF RECORDED DECEMBER 13, 1993 IN BOOK 734 AT PAGE 685 AND RECORDED DECEMBER 13, 1993 IN BOOK 734 AT PAGE 848. 6. TERMS, CONDITIONS AND PROVISIONS OF ORDER OF INCLUSION IN ASPEN CONSOLIDATED SANITATION DISTRICT RECORDED DECEMBER 09, 1997 UNDER RECEPTION NO. 411462. 7. TERMS, CONDITIONS AND PROVISIONS OF SPECIAL COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED OCTOBER 27, 1997 UNDER RECEPTION NO. 40993 9. 8. EASEMENTS,RIGHTS OF WAY, TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS CONTAINED IN EASEMENT AGREEMENT(BLOCK D), RECORDED OCTOBER 15, 1998 UNDER RECEPTION NO.423258. 9.EASEMENT,RIGHTS OF WAY,TERMS, CONDITIONS,PROVISIONS AND OBLIGATIONS AS CONTAINED IN SKI EASEMENT AGREEMENT RECORDED OCTOBER 15, 1998 UNDER RECEPTION NO. 423259. 10. TERMS, CONDITIONS AND PROVISIONS OF RAW WATER AGREEMENT, IRRIGATION,RECORDED OCTOBER 05, 1998 AT RECEPTION NO. 422780. 11. TERMS, CONDITIONS AND PROVISIONS OF WATER JgPEIVED AGREEMENT RECORDED OCTOBER 05, 1998 AT RECEPTION NO. 42�6�2AN FIRST ADDENDUM THERETO RECORDED OCTOBER 5, 1998 UNDER 2 jj F013 RECEPTION NO.422783. CITY OF ASPEN COMM'N"rFVFj�NIFNT 12. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE,BUT OMITTING ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, 2 BUS RE/4913927.1 FAMILIAL STATUS OR NATIONAL ORIGIN UNLESS AND ONLY TO THE EXTENT THAT SAID COVENANT(A) IS EXEMPT UNDER CHAPTER 42, SECTION 3607 OF THE UNITED STATES CODE OR(B)RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS,AS CONTAINED IN INSTRUMENT RECORDED OCTOBER 15, 1998,UNDER RECEPTION NO.423272. 13. TERMS, CONDITIONS AND PROVISIONS OF PLANNED UNIT DEVELOPMENT GUIDE RECORDED OCTOBER 15, 1998 AT RECEPTION NO. 423274 AND RESOLUTION 98-254 RECORDED AUGUST 25, 1999 AS RECEPTION NO. 434844. 14. TERMS, CONDITIONS AND PROVISIONS OF PRECONNECTION AGREEMENT RECORDED OCTOBER 15, 1998 AT RECEPTION NO. 423276. 15. TERMS, CONDITIONS AND PROVISIONS OF COLLECTION SYSTEMS AGREEMENT RECORDED OCTOBER 15, 1998 AT RECEPTION NO. 423277. 16. TERMS, CONDITIONS,PROVISIONS,OBLIGATIONS AND RESTRICTIONS AS CONTAINED IN THE DETAILED SUBMISSION PLAN RECORDED OCTOBER 15, 1998 UNDER RECEPTION NO.423269 AND AS SET FORTH ON THE DETAILED SUBMISSION PLAN MAPS RECORDED OCTOBER 15, 1998 IN PLAT BOOK 46 AT PAGE 44. 17.EASEMENTS,RIGHTS OF WAY AND OTHER MATTERS AS SET FORTH ON THE PLAT OF ASPEN HIGHLANDS VILLAGE PUD,RECORDED OCTOBER 15, 1998 IN PLAT BOOK 47 AT PAGE 1 AND AS SHOWN ON THE SUPPLEMENTAL PLAT RECORDED SEPTEMBER 28, 1999 IN PLAT BOOK 51 AT PAGE 41 AS RECEPTION NO. 436003. 18.TERMS, CONDITIONS,PROVISIONS, OBLIGATIONS, EASEMENTS AND RIGHTS OF WAY AS SET FORTH IN INSTRUMENTS RECORDED OCTOBER 15, 1998 UNDER RECEPTION NO. 423281. 19. TERMS,AGREEMENTS,PROVISIONS, CONDITIONS AND OBLIGATIONS OF CITY OF ASPEN,EASEMENT AGREEMENT(MAROON CREEK PIPELINE)RECORDED OCTOBER 15, 1998 AS RECEPTION NO. 423282. 20. TERMS, CONDITIONS AND PROVISIONS OF TRENCH,CONDUIT AND VAULT AGREEMENT RECORDED JANUARY 11, 1999 AT RECEPTION NO. 426421. 21. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTE D RECORDED AUGUST 12, 1999 AT RECEPTION NO. 434364 AND R C"y AUGUST 30, 1999 AS RECEPTION NO-435034. CITY OF ASPEN COWIN"DDE(_OPMENT 3 BUS-RE/4913927.1 22. TERMS, AGREEMENTS,PROVISIONS, CONDITIONS AND OBLIGATIONS OF SUCCESSOR DESIGNATION RECORDED SEPTEMBER 30, 1999 AS RECEPTION NO. 436130. 23. TERMS,AGREEMENTS,PROVISIONS,CONDITIONS AND OBLIGATIONS OF ORDINANCE 48 (SERIES OF 2000), RECORDED MAY 1,2000 AS RECEPTION NO.442835. 24.ANY AND ALL EASEMENTS,RIGHTS OF WAY,PLAT NOTES AND ANY AND ALL OTHER MATTERS AS SHOWN ON THE ASPEN HIGHLANDS VILLAGE P.U.D. ANNEXATION NO. 1 PLAT RECORDED MAY 1,2000 IN PLAT BOOK 53 AT PAGE 12. 25. TERMS,AGREEMENTS, PROVISIONS, CONDITIONS AND OBLIGATIONS OF MEMORANDUM, REGARDING HIGH SCHOOL LIFT TOWERS,RECORDED AUGUST 30,2000 AS RECEPTION NO.446537. 26. TERMS,AGREEMENTS,PROVISIONS, CONDITIONS AND OBLIGATIONS OF GRANT OF EASEMENT RECORDED NOVEMBER 20,2000 AS RECEPTION NO.448998. 27. TERMS,AGREEMENTS,PROVISIONS,CONDITIONS,AND OBLIGATIONS OF ORDINANCE#35, SERIES OF 2000 RECORDED NOVEMBER 28,2000 AS RECEPTION NO.449206. 28. TERMS,AGREEMENTS,PROVISIONS, CONDITIONS AND OBLIGATIONS OF ORDINANCE#36, SERIES OF 2000 RECORDED NOVEMBER 28,2000 AS RECEPTION NO.449207. 29. TERMS,AGREEEMENTS,PROVISIONS, CONDITIONS AND OBLIGATIONS OF DEDICATION AND ASSUMPTION EASEMENT AGREEMENT RECORDED DECEMBER 13, 2000 AS RECEPTION NO. 449654 AND FIRST AMA/fENDMENT RECORDED OCTOBER 9,2002 UNDER RECEPTION NO. 473171. 30. TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM- RECORDED SEPTEMBER 05,2001 AT RECEPTION NO. 458306. 31. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION OF THE ASPEN HIGHLANDS COMMERCIAL METROPOLITAN DISTRICT RECORDED FEBRUARY 20,2002 AT RECEPTION NO. 464115 AND RESOLUTION RECORDED FEBRUARY 20, 02 UNDER RECEPTION NO. 464116 AND AGREEMENT RECORDED DECEMBER 5,2002 UNDER RECE a j-A'7 32. TERMS, CONDITIONS AND PROVISIONS OF GARDEN PARK LICENSE AGREEMENT RECORDED FEBRUARY 20, 2003 AT RE@UjIlpT9 P. 479004. CITY OF ASPEN C MMI w"r-, tl vcl CI'ROENT 4 BUS-RE/4913927.1 33. TERMS, CONDITIONS AND PROVISIONS OF RATIFICATION AGREEMENT RECORDED NOVEMBER 20,2007 AT RECEPTION NO. 544200. 34. TERMS,CONDITIONS AND PROVISIONS OF RATIFICATION OF NO INTEREST RECORDED DECEMBER 28,2007 AT RECEPTION NO. 545327. 35. TERMS, CONDITIONS AND PROVISIONS OF USE RESTRICTION AGREEMENT RECORDED MARCH 19,2008 AT RECEPTION NO. 547606. 36. TERMS, CONDITIONS AND PROVISIONS OF RESTRICTIVE COVENANTS AGREEMENTS RECORDED NOVEMBER 20,2007 AT RECEPTION NO. 544202 AND RECORDED DECEMBER 6, 2007 AT RECEPTION NO. 544695. 37.TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM OF TENANCY IN COMMON AGREEMENT RECORDED APRIL 09,2008 AT RECEPTION NO. 548201. 38. TERMS, CONDITIONS AND PROVISIONS OF LAND USE CODE INTERPRETATION RECORDED APRIL 10,2008 AT RECEPTION NO. 548248. 39. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION#34-2006 RECORDED MARCH 14,2007 AT RECEPTION NO. 535391. 40.ANY AND ALL EASEMENTS, RIGHTS OF WAY,PLAT NOTES AND ALL OTHER MATTERS AS SHOWN ON THE PLAT OF ASPEN HIGHLANDS CONDOMINIUMS,A COLORADO COMMON INTEREST CONDOMINIUM, ACCORDING TO THE PLAT RECORDED JANUARY 11,2001 IN PLAT BOOK 56 AT PAGE 24 AS RECEPTION NO. 450455 AND AMENDED PLAT RECORDED JANUARY 27,2005 IN PLAT BOOK 72 AT PAGE 6 UNDER RECEPTION NO. 506407. 41. TERMS,AGREEMENTS,PROVISIONS,RESTRICTIONS, CONDITIONS AND OBLIGATIONS AS SHOWN IN THE DECLARATION OF CONDOMINIUM FOR ASPEN HIGHLANDS CONDOMINIUMS,ASPEN HIGHLANDS VILLAGE, CITY OF ASPEN,RECORDED JANUARY 11, 2001 AS RECEPTION NO.450454 AND FIRST AMENDMENT RECORDED JULY 2, 2001 UNDER RECEPTION NO. 456026, SECOND AMENDMENT RECORDED OCTOBER 9, 2001 UNDER RECEPTION NO.459556, THIRD AMENDMENT RECORDED JANUARY 27, 2005 UNDER RECEPTION NO. 506406 AND FIRST SUPPLEMENT RECORDED JUNE 11,2002 UNDER RECEPTION NO. 468555. 42.EASEMENTS,RIGHTS OF WAY AND ALL OTHER MATTERS AS DISCLOSED ON CONDOMINIUM MAP OF ASPEN HIGHLANDS CONDOMINIUMS,RECORDED JANUARY 11,2001 IN PLAT B GO,ww 20 AND FIRST SUPPLEMENT RECORDED JUNE 11,2002 Et PAGE 81. OCT 2 12013 CITY O ASPEN 5 COMMUNTY DEVELOPMENT BUS RE/4913927.1 43. TERMS,AGREEMENTS,PROVISIONS, CONDITIONS AND OBLIGATIONS OF CENTRAL PLANT AGREEMENT RECORDED JANUARY 17, 2001 AS RECEPTION NO.450594 AND RECORDED DECEMBER 23,2002 UNDER RECEPTION NO. 476466. 44. TERMS, CONDITIONS AND PROVISIONS OF COVENANT AND NOTICE RECORDED FEBRUARY 08, 2001 AT RECEPTION NO. 451327. 45. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AGREEMENT RECORDED JUNE 11,2002 AT RECEPTION NO. 468562. F. The owners PI CASTLE ROCK,LLC,A COLORADO LIMITED LIABILITY COMPANY AS TO AN UNDIVIDED 14.28%INTEREST,AND EASTWOOD HIGHLANDS INVESTORS,LLC,A COLORADO LIMITED LIABILITY COMPANY AS TO AN UNDIVIDED 85.72%INTEREST have the right to apply for development of the Property. l ED T%;L" t OCT 12013 6 �e°`I i NvEIOPMEW BUS RE/4913927.1 lJ1rnM�� Dated: October 17, 2013 e er M. Causing orney at Law 201 N. Mill Street, Suite 201 Aspen CO 81611 STATE OF COLORADO ) ss COUNTY OF PITKIN ) The foregoing Certificate of Ownership was acknowledged before me,a Notary Public in and for the State of Colorado, by Jennifer Causing,Attorney at Law,personally known to me to be the person who subscribed the within instrument on October 17, 2013. Witness my hand and seal. My Commission Expires: /a-L( j a0 t U No ary Public >) 31b1S C ....... 0 . .n : y� �;r • Y. RECEIVED OCT 2 1_ 2013 CITY OF ASPEN >)MMUNP DEVELOPMENT 7 BUS-RE/4913927.1 RECEPTION#: L 93, 11/20/2007 at 10:44:59 AM, 1 OF 6, $31.00 DF $134.59 Janice K. Vos Caudill, Pitkin County, CO CITY OF ASPEN CITY OF ASPEN y R IT PAID HRET r PAID bp,-� iREP P1Q. I�I�oIbZ 3vR6 F ul�o 1 NO. Of g Recording Requested by: Jennifer M.Causing State Documentary Fee When Recorded Return to: Date . KRABACHER&SANDERS,P.C. $ - 201 North Mill Street,Suite 201 Aspen,CO 81611 SPECIAL WARRANTY DEED THIS DEED,made this 14's day of November,2007,between HINES HIGHLANDS LIMITED PARTNERSHIP, a Delaware limited partnership, Grantor, and EASTWOOD HIGHLANDS INVESTORS,LLC,a Colorado limited liability company, whose legal address is 520 East Cooper #230, Aspen, Colorado 81611 of the County of Pitkin, State of Colorado,Grantee; WITNESSETH,That Grantor,for and in consideration of the sum of Ten Dollars, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,have granted,bargained,sold and conveyed,and by these presents do grant,bargain,sell,convey and confirm,unto Grantee,and Grantee's heirs,successors and assigns forever,all the real property,together with all improvements,if any,situate, lying and being in the County of Pitkin,State of Colorado,described as follows: UNIT C-4114, ASPEN HIGHLANDS CONDOMINIUMS, PHASE 1, ACCORDING TO THE CONDOMINIUM MAP RECORDED JANUARY 11, 2001 IN PLAT BOOK 56 AT PAGE 24 AND AMENDED ON JANUARY 27, 2005 IN PLAT BOOK 72 AT PAGE 6 AS RECEPTION NO.506407 AND AS FURTHER DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION FOR ASPEN HIGHLANDS CONDOMINIUMS RECORDED JANUARY 11,2001 UNDER RECEPTION NO.450454. COUNTY OF PITKIN,STATE OF COLORADO. 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 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 Grantee,and Grantee's heirs,successors and assigns forever. Grantor,for Grantor and Grantor's heirs,successors and assigns,do covenant and agree that Grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of Grantee, and Grantee's heirs, successors and assigns,against all and every person or persons claiming the whole or any part thereof,by,through or under Grantor except those matters as set forth on Exhibit A; {00i20451.00c/+1 RECFIVED OCT 2 12013 CITY OF ASPEN COMMUNITY DEVELOPMENT RECEPTION#: 93, 11/20/2007 at 10:44:59 AM, 2 OF 6. Janice R. Vos'"-audill, Pitkin County, CO Grantor specifically reserves unto itself and does except from the grant,bargain, sale and conveyance hereunder the following interests of Grantor: All unused Housing or Employee Credits and all unused Growth Management Quota System allotments for Free Market Housing held by Grantor which arose from,or were a part of,the original Planned Unit Development(PUD)land use approvals for the Aspen Highlands Village PUD,which includes the real property described in this Special Warranty Deed. IN WITNESS WHEREOF,Grantor has executed this deed on the date set forth above. HINEs HIGHLANDS LIMITED PARTNERSHIP A Delaware limited partnership By: ASPEN HIGHLANDS SKIING CORPORATION, A Dela a co lion,its general partner By: Robert E.Daniel,Jr.,Vice President STATE OF COLORADO ) )ss COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of November 2007 by Robert E.Daniel,as Vice President of the Aspen Highlands Skiing Corporation, a Delaware corporation,as General Partner of Hines Highlands Limited Partnership,A Delaware Limited Partnership. c Witness My hand and seal N Public My Commission Expires: ,iA1110E 1.J®iiP450n y0 i Ry Pl'sSU 4 :OLC' D No Public {00120"i.DOC/1) DINED OCT 212013 CITY OF ASPEN COMMUNITY DEVELOPMENT RECEPTION#: 93, 11/20/2007 at 10:44:59 AM, 3 OF 6. Janice K. Voi` audill, Pitkin County, CO EXHIBIT A TO SPECIAL WARRANTY DEED,DATED NOVEMBER 14,2007 1-6: (ITEMS INTENTIONALLY DELETED) 7.Taxes and Assessments for the Year 2007 and subsequent years. 8.(ITEM INTENTIONALLY DELETED) 9.RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED JANUARY 18,1892,IN BOOK 55 AT PAGE 2Q AND RECORDED APRIL 7,1903 IN BOOK 55 AT PAGE 5502 10.RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED JUNE 25,1957,IN BOOK 181 AT PAGE 05, 11.EASEMENTS AND RIGHTS OF WAY FOR WATER PIPELINE PURPOSES AS SET FORTH IN INSTRUMENTS RECORDED JUNE 10,1960 IN BOOK 191 AT PAGE 15 AND RECORDED SEPTEMBER 18,1961 IN BOOK 195 AT PAGE 223., 12.TERMS,CONDITIONS AND PROVISIONS OF RESOLUTION#97-167 RECORDED SEPTEMBER 30, 1998 AT RECEPTION NO.422629 AND RESOLUTION#39(SERIES OF 1998)RECORDED OCTOBER 5,1998 UNDER RECEPTION NO.422779 AND RESOLUTION#98-79 RECORDED OCTOBER 15,1998 UNDER RECEPTION NO.423268, 13.TERMS,CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED APRIL 28,1981 IN BOOK 407 AT PAGE 6448 AND ASSIGNMENTS THEREOF RECORDED DECEMBER 13,1993 IN BOOK 734 AT PAGE 05 AND RECORDED DECEMBER 13,1993 IN BOOK 734 AT PAGE$41Q, 14.TERMS,CONDITIONS AND PROVISIONS OF ORDER OF INCLUSION IN ASPEN CONSOLIDATED SANITATION DISTRICT RECORDED DECEMBER 09,1997 UNDER RECEPTION NO.411462, 15.TERMS,CONDITIONS AND PROVISIONS OF SPECIAL COVENANTS,CONDITIONS AND RESTRICTIONS RECORDED OCTOBER 27,1997 UNDER RECEPTION NO.409939, 16.(ITEM INTENTIONALLY DELETED) 17.EASEMENTS,RIGHTS OF WAY,TERMS,CONDITIONS,PROVISIONS AND OBLIGATIONS AS CONTAINED IN EASEMENT AGREEMENT(BLOCK D),RECORDED OCTOBER 15,1998 UNDER RECEPTION NO.442 258, 18.EASEMENT,RIGHTS OF WAY,TERMS,CONDITIONS,PROVISIONS AND OBLIGATIONS AS CONTAINED IN SKI EASEMENT AGREEMENT RECORDED OCTOBER 15,1998 UNDER RECEPTION NO. 423259, 19.TERMS,CONDITIONS AND PROVISIONS OF RAW WATER AGREEMENT,IRRIGATION,RECORDED OCTOBER 05,1998 AT RECEPTION NO,422780, 20.TERMS,CONDITIONS AND PROVISIONS OF WATER SERVICE AGREEMENT RECORDED OCTOBER (00120451.DOC/1) +ap VED OCT 212013 COMMUNITY�E pEN OPMENT RECEPTION#: `_ )3, 11/20/2007 at 10:44:59 AM, 4 OF 6, Janice K. Vos" audill, Pitkin County, CO 05,1998 AT RECEPTION NO.422782 AND FIRST ADDENDUM THERETO RECORDED OCTOBER 5, 1998 UNDER RECEPTION NO.422783. 21.(ITEM INTENTIONALLY DELETED) 22.RESTRICTIVE COVENANTS,WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANT OR RESTRICTION BASED ON RACE,COLOR,RELIGION,SEX, HANDICAP,FAMILIAL STATUS OR NATIONAL ORIGIN UNLESS AND ONLY TO THE EXTENT THAT SAID COVENANT(A)IS EXEMPT UNDER CHAPTER 42,SECTION 3607 OF THE UNITED STATES CODE OR(B)RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS,AS CONTAINED IN INSTRUMENT RECORDED OCTOBER 15,1998,UNDER RECEPTION NO.423272, 23.TERMS,CONDITIONS AND PROVISIONS OF PLANNED UNIT DEVELOPMENT GUIDE RECORDED OCTOBER 15,1998 AT RECEPTION NO.423274 AND RESOLUTION 98-254 RECORDED AUGUST 25, 1999 AS RECEPTION NO.434W. 24.TERMS,CONDITIONS AND PROVISIONS OF PRECONNECTION AGREEMENT RECORDED OCTOBER 15,1998 AT RECEPTION NO.423276. 25.TERMS,CONDITIONS AND PROVISIONS OF COLLECTION SYSTEMS AGREEMENT RECORDED OCTOBER 15,1998 AT RECEPTION NO.423277, 26.TERMS,CONDITIONS,PROVISIONS,OBLIGATIONS AND RESTRICTIONS AS CONTAINED IN THE DETAILED SUBMISSION PLAN RECORDED OCTOBER 15,1998 UNDER RECEPTION N0.423269 AND AS SET FORTH ON THE DETAILED SUBMISSION PLAN MAPS RECORDED OCTOBER 15,1998 IN PLAT BOOK 46 AT PAGE 49 27,EASEMENTS,RIGHTS OF WAY AND OTHER MATTERS AS SET FORTH ON THE PLAT OF ASPEN - HIGHLANDS VILLAGE PUD,RECORDED OCTOBER 15,1998 IN PLAT BOOK 47 AT PAGE l AND AS SHOWN ON THE SUPPLEMENTAL PLAT RECORDED SEPTEMBER 28,1999 IN PLAT BOOK 51 AT PAGE 41 AS RECEPTION NO.436003, 28.(ITEM INTENTIONALLY DELETED) 29.(ITEM INTENTIONALLY DELETED) 30.TERMS,CONDITIONS,PROVISIONS,OBLIGATIONS,EASEMENTS AND RIGHTS OF WAY AS SET FORTH IN INSTRUMENTS RECORDED OCTOBER 15,1998 UNDER RECEPTION NO.423281, 31.TERMS,AGREEMENTS,PROVISIONS,CONDITIONS AND OBLIGATIONS OF CITY OF ASPEN, EASEMENT AGREEMENT(MAROON CREEK PIPELINE)RECORDED OCTOBER 15,1998 AS RECEPTION NO.423282, 32.TERMS,CONDITIONS AND PROVISIONS OF TRENCH,CONDUIT AND VAULT AGREEMENT RECORDED JANUARY 11,1999 AT RECEPTION NO.426421. 33.TERMS,CONDITIONS AND PROVISIONS OF RESOLUTION#99-127 RECORDED AUGUST 12, 1999 AT RECEPTION NO.434364 AND RERECORDED AUGUST 30,1999 AS RECEPTION NO. {00120451.000/1) - 0 mmm q' D 12013 uj�; ASPEN '0mA#U.vTy DEVELOPMENT RECEPTION#: 93, 11/20/2007 at 10:44:59 AM, 5 OF 6, Janice K. Vos Caudill, Pitkin County, CO 435034, 34.TERMS,AGREEMENTS,PROVISIONS,CONDITIONS AND OBLIGATIONS OF SUCCESSOR DESIGNATION RECORDED SEPTEMBER 30,1999 AS RECEPTION NO.436130. 35.TERMS,AGREEMENTS,PROVISIONS,CONDITIONS AND OBLIGATIONS OF ORDINANCE#8 (SERIES OF 2000),RECORDED MAY 1,2000 AS RECEPTION NO.442835. 36.ANY AND ALL EASEMENTS,RIGHTS OF WAY,PLAT NOTES AND ANY AND ALL OTHER MATTERS AS SHOWN ON THE ASPEN HIGHLANDS VILLAGE P.U.D.ANNEXATION NO.1 PLAT RECORDED MAY 1,2000 IN PLAT BOOK 53 AT PAGE 32_, 37.TERMS,AGREEMENTS,PROVISIONS,CONDITIONS AND OBLIGATIONS OF MEMORANDUM, REGARDING HIGH SCHOOL LIFT TOWERS,RECORDED AUGUST 30,2000 AS RECEPTION NO. 446537, 38.TERMS,AGREEMENTS,PROVISIONS,CONDITIONS AND OBLIGATIONS OF GRANT OF EASEMENT RECORDED NOVEMBER 20,2000 AS RECEPTION NO.448998, 39.TERMS,AGREEMENTS,PROVISIONS,CONDITIONS,AND OBLIGATIONS OF ORDINANCE#35, SERIES OF 2000 RECORDED NOVEMBER 28,2000 AS RECEPTION NO.44 2 40.TERMS,AGREEMENTS,PROVISIONS,CONDITIONS AND OBLIGATIONS OF ORDINANCE#36, SERIES OF 2000 RECORDED NOVEMBER 28,2000 AS RECEPTION NO.449207, 41.TERMS,AGREEEMENTS,PROVISIONS,CONDITIONS AND OBLIGATIONS OF DEDICATION AND ASSUMPTION EASEMENT AGREEMENT RECORDED DECEMBER 13,2000 AS RECEPTION NO. 449654 AND FIRST AMMENOMENT RECORDED OCTOBER 9,2002 UNDER RECEPTION NO.473171, 42.TERMS,CONDITIONS AND PROVISIONS OF MEMORANDUM RECORDED SEPTEMBER 05,2001 AT RECEPTION NO.458306, 43.TERMS,CONDITIONS AND PROVISIONS OF RESOLUTION OF THE ASPEN HIGHLANDS COMMERCIAL METROPOLITAN DISTRICT RECORDED FEBRUARY 20,2002 AT RECEPTION NO. 464115, 44.TERMS,CONDITIONS AND PROVISIONS OF GARDEN PARK LICENSE AGREEMENT RECORDED FEBRUARY 20,2003 AT RECEPTION NO.479004. 45.EXISTING LEASES AND TENANCIES,IF ANY. 46.(INTENTIONALLY DELETED) 47.ANY AND ALL EASEMENTS,RIGHTS OF WAY,PLAT NOTES AND ALL OTHER MATTERS AS SHOWN ON THE PLAT OF ASPEN HIGHLANDS CONDOMINIUMS,A COLORADO COMMON INTEREST CONDOMINIUM,ACCORDING TO THE PLAT RECORDED JANUARY 11,2001 IN PLAT BOOK 56 AT PAGE 724 AS RECEPTION NO.450455 AND AMENDED PLAT RECORDED JANUARY 27,2005 IN PLAT BOOK 72 AT PAGE 6 UNDER RECEPTION NO.506407. {00120451:DOC 11) r 6 U� �'S - ' r., r 'EIOPitN� ' RECEPTION#: .93, 11/20/2007 at 10:44:59 AM, 6 OF 6 Janice K. Vos'-audill, Pitkin County, CO APPLIES TO ASPEN HIGHLAND CONDOMINIUMS,PHASE I. 48.TERMS,AGREEMENTS,PROVISIONS,RESTRICTIONS,CONDITIONS AND OBLIGATIONS AS SHOWN IN THE DECLARATION OF CONDOMINIUM FOR ASPEN HIGHLANDS CONDOMINIUMS, ASPEN HIGHLANDS VILLAGE,CITY OF ASPEN,RECORDED JANUARY 11,2001 AS RECEPTION NO. 450454 AND FIRST AMENDMENT RECORDED JULY 2,2001 UNDER RECEPTION NO. 456026.SECOND AMENDMENT RECORDED OCTOBER 9,2001 UNDER RECEPTION NO. 459556.THIRD AMENDMENT RECORDED JANUARY 27,2005 UNDER RECEPTION NO.506406 AND FIRST SUPPLEMENT RECORDED JUNE 11,2002 UNDER RECEPTION NO.468555, 49.EASEMENTS,RIGHTS OF WAY AND ALL OTHER MATTERS AS DISCLOSED ON CONDOMINIUM MAP OF ASPEN HIGHLANDS CONDOMINIUMS,RECORDED JANUARY 11,2001 IN PLAT BOOK 56 AT PAGE M AND FIRST SUPPLEMENT RECORDED JUNE 11,2002 IN PLAT BOOK 60 AT PAGE$1, 50.TERMS,AGREEMENTS,PROVISIONS,CONDITIONS AND OBLIGATIONS OF CENTRAL PLANT AGREEMENT RECORDED JANUARY 17,2001 AS RECEPTION NO.450594 AND RECORDED DECEMBER 23,2002 UNDER RECEPTION NO.476466, 51.TERMS,CONDITIONS AND PROVISIONS OF COVENANT AND NOTICE RECORDED FEBRUARY 08, 2001 AT RECEPTION NO.453327 52.TERMS,CONDITIONS AND PROVISIONS OF EASEMENT AGREEMENT RECORDED JUNE 11,2002 AT RECEPTION NO.468562, 53.(INTENTIONALLY DELETED) 54.(INTENTIONALLY DELETED) 55.(INTENTIONALLY DELETED) 56.(INTENTIONALLY DELETED) (00120451.DOC!11 . RSC�/v'eD T 9 I � r3 il ur Ott ' ,J Q;EVELpp RECEPTION#: 5 , 2, 04/08/2008 at 02:50:37 PM, 1 OF 6, $31.00 DF $8.66 Janice K. Vos Caudill, Pitkin County, CO CITY OF ASPEN +C Y OF Air 1 MFIEIT PAR) WARM PAJD DATE REP MM DATE REP 10. 410106 A IaL 032s4(, q19105 . 032°c410 Recording Requested by: Douglas A.Pluss When Recorded Return to: PI Castle Creek Rock,LLC 3033 East 1St Avenue,Suite 502 hm k,-- Denver,CO 80206 SPECIAL WARRANTY DEED THIS DEED,made this 2nd day of April,2008,between EASTWOOD HIGHLANDS INVESTORS, LLC, a Colorado limited liability company, whose legal address is 0115 Bommerang Road,Suite 5201,Aspen,Colorado 81611 of the County of Pitkin,State of Colorado, Grantor, and PI CASTLE ROCK, LLC, a Colorado limited liability company, Grantee whose address is 3033 East I"Avenue,Suite 502,Denver,CO 80206; WITNESSETH,That Grantor,for and in consideration of the sum of Ten Dollars, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,have granted,bargained,sold and conveyed,and by these presents do grant,bargain,sell,convey and confirm,unto Grantee,and Grantee's heirs,successors and assigns forever,an undivided 14.28%interest in the real property,together with all improvements,if any,situate,lying and being in the County of Pitkin,State of Colorado, described as follows: f UNIT C-4114, ASPEN HIGHLANDS CONDOMINIUMS, PHASE 1, ACCORDING TO THE CONDOMINIUM MAP RECORDED JANUARY 11, 2001 IN PLAT BOOK 56 AT PAGE 24 AND AMENDED ON JANUARY 27, 2005 IN PLAT BOOK 72 AT PAGE 6 AS RECEPTION NO.506407 AND AS FURTHER DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION FOR ASPEN HIGHLANDS CONDOMINIUMS RECORDED JANUARY 11,2001 UNDER RECEPTION NO.450454. - COUNTY OF PITKIN,STATE OF COLORADO. 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 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 Grantee,and Grantee's heirs,successors and assigns forever. Grantor,for Grantor and Grantor's heirs,successors and assigns,do covenant and agree �una�luu�tWe\UanUtuttlutltaKoo154910.DOC 141 RECEIVED OCT 2 12013 Cury�OIN�Id�t�iTY�' ASPEN OEVEIOPME0 RECEPTION#: 5 ,12, 04/08/2008 at 02:50:37 PM, 2 OF 6, Janice K. Vos Caudill, Pitkin County, CO that Grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of Grantee, and Grantee's heirs, successors and assigns,against all and every person or persons claiming the whole or any part thereof,by,through or under Grantor except those matters as set forth on Exhibit A; IN WITNESS WHEREOF,Grantor has executed this deed on the date set forth above. EASTWOOD HIGHLANDS INVESTORS,LLC a Colorado limited liability company By: EASTWOOD HIGHLANDS,LLC a Colorado limited liability company,its Manager By: !—PWA Je W er M.Causing as mey-In-Fact for Jordan Sarick,Manager STATE OF COLORADO ) )ss COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this 2nd day of April 2008 by Jennifer M.Causing as Attomey-In-Fact for Jordan Sarick,as the manager of EASTWOOD HIGHLANDS,LLC,a Colorado limited liability company,as the manager of EASTWOOD HIGHLANDS INVESTORS,LLC,a Colorado limited liability company. Witness My hand and seal My Commission Expires: . z?a01ARy. yQ.I H PU6\-`G 'O J'j.''•............:` N`` Otary PUbI1C lF OF COV S ��4 J111ml% tsbn t>8 54910.0OC/41 'IT 21 2013 ASpEN RECEPTION#: E. /2, 04/08/2008 at 02:50:37 PM, 3 OF 6, Janice K. Vos Caudill, Pitkin County, CO Exhibit A to Spec al Warranty Deed.Dated April 2,2008 1.Rights or claims of parties in possession not shown by the Public Records. 2.Easements,or claims of easements,not shown by the Public Records. 3.Discrepancies,conflicts in boundary lines,shortage in area,encroachments,and any facts which a correct survey or inspection of the Land would disclose and which are not shown by the public records. 4.Any lien,or right to a lien,for services,labor or material theretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5.Defects,liens,encumbrances,adverse claims or other matters,if any,created,first appearing in the Public Records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6.Taxes and assessments not yet due or payable and special assessments not yet certified to the Treasurer's office. 7.Any unpaid taxes or assessments against said Land. 8.Liens for unpaid water and sewer charges,if any. 9.DEED OF TRUST DATED NOVEMBER 14,2007 FROM EASTWOOD HIGHLANDS INVESTORS,LLC,A COLORADO LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF AMERICAN NATIONAL BANK TO SECURE THE SUM OF$5,287,100.00,AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF,RECORDED NOVEMBER 20,2007,UNDER RECEPTION NO.544198, 10.RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED JANUARY 18,1892,IN BOOK 55 AT PAGE a AND RECORDED APRIL 7,1903 IN BOOK 55 AT PAGE UZ 11.RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED JUNE 25,1957,IN BOOK 181 AT PAGE 545. 12.EASEMENTS AND RIGHTS OF WAY FOR WATER PIPELINE PURPOSES AS SET FORTH IN INSTRUMENTS RECORDED JUNE 10,1960 IN BOOK 191 AT PAGE 15 AND RECORDED SEPTEMBER 18,1961 IN BOOK 195 AT PAGE 231. 13.TERMS,CONDITIONS AND PROVISIONS OF RESOLUTION#97-167 RECORDED SEPTEMBER 30, 1998 AT RECEPTION NO.422629 AND RESOLUTION#39(SERIES OF 1998)RECORDED OCTOBER 5,1998 UNDER RECEPTION NO.422779 AND RESOLUTION#98-79 RECORDED OCTOBER 15,1998 UNDER RECEPTION NO.423268• Ul\1\\\\\q\111\1\1\11\1\11\11\1\\1\l1\\111{00154910.DOC 14} r VED OCT 21 2013 � QEN PANT RECEPTION#: , .72, 04/08/2008 at 02:50:37 PM, 4 OF 6 Janice K. Vos`Caudill, Pitkin County, CO 14.TERMS,CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED APRIL 28,1981 IN BOOK 407 AT PAGE 64$AND ASSIGNMENTS THEREOF RECORDED DECEMBER 13,1993 IN BOOK 734 AT PAGE M AND RECORDED DECEMBER 13,1993 IN BOOK 734 AT PAGE 848, 15.TERMS,CONDITIONS AND PROVISIONS OF ORDER OF INCLUSION IN ASPEN CONSOLIDATED SANITATION DISTRICT RECORDED DECEMBER 09,1997 UNDER RECEPTION NO.411462, 16.TERMS,CONDITIONS AND PROVISIONS OF SPECIAL COVENANTS,CONDITIONS AND RESTRICTIONS RECORDED OCTOBER 27,1997 UNDER RECEPTION NO.409939, 17.EASEMENTS,RIGHTS OF WAY,TERMS,CONDITIONS,PROVISIONS AND OBLIGATIONS AS CONTAINED IN EASEMENT AGREEMENT(BLOCK D),RECORDED OCTOBER 15,1998 UNDER RECEPTION NO.423258, 18.EASEMENT,RIGHTS OF WAY,TERMS,CONDITIONS,PROVISIONS AND OBLIGATIONS AS CONTAINED IN SKI EASEMENT AGREEMENT RECORDED OCTOBER 15,1998 UNDER RECEPTION NO. 423252 19.TERMS,CONDITIONS AND PROVISIONS OF RAW WATER AGREEMENT,IRRIGATION,RECORDED OCTOBER 05,1998 AT RECEPTION NO.422780, 20.TERMS,CONDITIONS AND PROVISIONS OF WATER SERVICE AGREEMENT RECORDED OCTOBER 05,1998 AT RECEPTION NO.422782 AND FIRST ADDENDUM THERETO RECORDED OCTOBER 5, 1998 UNDER RECEPTION NO,422783, 21.RESTRICTIVE COVENANTS,WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANT OR RESTRICTION BASED ON RACE,COLOR,RELIGION,SEX, HANDICAP,FAMILIAL STATUS OR NATIONAL ORIGIN UNLESS AND ONLY TO THE EXTENT THAT SAID COVENANT(A)IS EXEMPT UNDER CHAPTER 42,SECTION 3607 OF THE UNITED STATES CODE OR(B)RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS,AS CONTAINED IN INSTRUMENT RECORDED OCTOBER 15,1998,UNDER RECEPTION NO.423272, 22.TERMS,CONDITIONS AND PROVISIONS OF PLANNED UNIT DEVELOPMENT GUIDE RECORDED OCTOBER 15,1998 AT RECEPTION NO.423274 AND RESOLUTION 98-254 RECORDED AUGUST 25, 1999 AS RECEPTION NO.434844, 23.TERMS,CONDITIONS AND PROVISIONS OF PRECONNECTION AGREEMENT RECORDED OCTOBER 15,1998 AT RECEPTION NO.423276, 24.TERMS,CONDITIONS AND PROVISIONS OF COLLECTION SYSTEMS AGREEMENT RECORDED OCTOBER 15,1998 AT RECEPTION NO.423277., 25.TERMS,CONDITIONS,PROVISIONS,OBLIGATIONS AND RESTRICTIONS AS CONTAINED IN THE DETAILED SUBMISSION PLAN RECORDED OCTOBER 15,1998 UNDER RECEPTION NO.4232514 AND AS SET FORTH ON THE DETAILED SUBMISSION PLAN MAPS RECORDED OCTOBER 15,1998 IN PLAT BOOK 46 AT PAGE 44. \\\lU\\q\\\l\UI\\1UN\\\\\\q1\\1U1t\U{00154910.DOC/41 ED OCr p 2 p1? Y .� � ,�M���1 NCO ME RECEPTION#: .72, 04/08/2008 at 02:50:37 PM, 5 OF 6, Janice K. Vos Caudill, Pitkin County, CO 26.EASEMENTS,RIGHTS OF WAY AND OTHER MATTERS AS SET FORTH ON THE PLAT OF ASPEN HIGHLANDS VILLAGE PUD,RECORDED OCTOBER 15,1998 IN PLAT BOOK 47 AT PAGE I AND AS SHOWN ON THE SUPPLEMENTAL PLAT RECORDED SEPTEMBER 28,1999 IN PLAT BOOK 51 AT PAGE 41 AS RECEPTION NO.436003, 27.TERMS,CONDITIONS,PROVISIONS,OBLIGATIONS,EASEMENTS AND RIGHTS OF WAY AS SET FORTH IN INSTRUMENTS RECORDED OCTOBER 15,1998 UNDER RECEPTION NO.423281, 28.TERMS,AGREEMENTS,PROVISIONS,CONDITIONS AND OBLIGATIONS OF CITY OF ASPEN, EASEMENT AGREEMENT(MAROON CREEK PIPELINE)RECORDED OCTOBER 15,1998 AS RECEPTION NO.423282, 29.TERMS,CONDITIONS AND PROVISIONS OF TRENCH,CONDUIT AND VAULT AGREEMENT RECORDED JANUARY 11,1999 AT RECEPTION NO.425421, 30.TERMS,CONDITIONS AND PROVISIONS OF RESOLUTION#99-127 RECORDED AUGUST 12, 1999 AT RECEPTION NO.434364 AND RERECORDED AUGUST 30,1999 AS RECEPTION NO. 435034. 31.TERMS,AGREEMENTS,PROVISIONS,CONDITIONS AND OBLIGATIONS OF SUCCESSOR DESIGNATION RECORDED SEPTEMBER 30,1999 AS RECEPTION NO.436130, 32.TERMS,AGREEMENTS,PROVISIONS,CONDITIONS AND OBLIGATIONS OF ORDINANCE#8 (SERIES OF 2000),RECORDED MAY 1,2000 AS RECEPTION NO.442835, 33.ANY AND ALL EASEMENTS,RIGHTS OF WAY,PLAT NOTES AND ANY AND ALL OTHER MATTERS AS SHOWN ON THE ASPEN HIGHLANDS VILLAGE P.U.D.ANNEXATION NO.1 PLAT RECORDED MAY 1,2000 IN PLAT BOOK 53 AT PAGE IZ, 34.TERMS,AGREEMENTS,PROVISIONS,CONDITIONS AND OBLIGATIONS OF MEMORANDUM, REGARDING HIGH SCHOOL LIFT TOWERS,RECORDED AUGUST 30,2000 AS RECEPTION NO. 446537, 35.TERMS,AGREEMENTS,PROVISIONS,CONDITIONS AND OBLIGATIONS OF GRANT OF EASEMENT RECORDED NOVEMBER 20,2000 AS RECEPTION NO.448998, 36.TERMS,AGREEMENTS,PROVISIONS,CONDITIONS,AND OBLIGATIONS OF ORDINANCE#35, SERIES OF 2000 RECORDED NOVEMBER 28,2000 AS RECEPTION NO.449206, 37.TERMS,AGREEMENTS,PROVISIONS,CONDITIONS AND OBLIGATIONS OF ORDINANCE#36, SERIES OF 2000 RECORDED NOVEMBER 28,2000 AS RECEPTION NO.449207, 38.TERMS,AGREEEMENTS,PROVISIONS,CONDITIONS AND OBLIGATIONS OF DEDICATION AND ASSUMPTION EASEMENT AGREEMENT RECORDED DECEMBER 13,2000 AS RECEPTION NO. 444554 AND FIRST AMMENDMENT RECORDED OCTOBER 9,2002 UNDER RECEPTION NO.473171, 39.TERMS,CONDITIONS AND PROVISIONS OF MEMORANDUM RECORDED SEPTEMBER 05,2001 AT RECEPTION NO.458306. 1111\\1\11\1 11\\\\\\\\\1\U\1\\\\\\\1\\11\\K00154910.DOC/4) RECEIVED OCT 2 1 2013 �4MMUN1 ASP RECEPTION#: _72, 04/08/2008 at 02:50:37 PM, 6 OF E Janice K. Vos Caudill, Pitkin County, CO 40.TERMS,CONDITIONS AND PROVISIONS OF RESOLUTION OF THE ASPEN HIGHLANDS COMMERCIAL METROPOLITAN DISTRICT RECORDED FEBRUARY 20,2002 AT RECEPTION NO. 464115, 41.TERMS,CONDITIONS AND PROVISIONS OF GARDEN PARK LICENSE AGREEMENT RECORDED FEBRUARY 20,2003 AT RECEPTION NO.472004,. 42.TERMS,CONDITIONS AND PROVISIONS OF RATIFICATION AGREEMENT RECORDED NOVEMBER 20,2007 AT RECEPTION NO.544200, 43.TERMS,CONDITIONS AND PROVISIONS OF RATIFICATION OF NO INTEREST RECORDED DECEMBER 28,2007 AT RECEPTION NO.545327" 44.TERMS,CONDITIONS AND PROVISIONS OF USE RESTRICTION AGREEMENT RECORDED MARCH 19,2008 AT RECEPTION NO.547606" 45.TERMS,CONDITIONS AND PROVISIONS OF RESTRICTIVE COVENANTS AGREEMENTS RECORDED NOVEMBER 20,2007 AT RECEPTION NO.544202 AND RECORDED DECEMBER 6,2007 AT RECEPTION NO.544695, 46.EXISTING LEASES AND TENANCIES,IF ANY. 47.ANY AND ALL EASEMENTS,RIGHTS OF WAY,PLAT NOTES AND ALL OTHER MATTERS AS SHOWN ON THE PLAT OF ASPEN HIGHLANDS CONDOMINIUMS,A COLORADO COMMON INTEREST CONDOMINIUM,ACCORDING TO THE PLAT RECORDED JANUARY 11,2001 IN PLAT BOOK 56 AT PAGE 24 AS RECEPTION NO.450455 AND AMENDED PLAT RECORDED JANUARY 27,2005 IN PLAT BOOK 72 AT PAGE 5 UNDER RECEPTION NO.506407, 48.TERMS,AGREEMENTS,PROVISIONS,RESTRICTIONS,CONDITIONS AND OBLIGATIONS AS SHOWN IN THE DECLARATION OF CONDOMINIUM FOR ASPEN HIGHLANDS CONDOMINIUMS, ASPEN HIGHLANDS VILLAGE,CITY OF ASPEN,RECORDED JANUARY 11,2001 AS RECEPTION NO. 450454 AND FIRST AMENDMENT RECORDED JULY 2,2001 UNDER RECEPTION NO, 45502,6,SECOND AMENDMENT RECORDED OCTOBER 9,2001 UNDER RECEPTION NO. 459556.THIRD AMENDMENT RECORDED JANUARY 27,2005 UNDER RECEPTION NO.506406 AND FIRST SUPPLEMENT RECORDED JUNE 11,2002 UNDER RECEPTION NO.468555, 49.EASEMENTS,RIGHTS OF WAY AND ALL OTHER MATTERS AS DISCLOSED ON CONDOMINIUM MAP OF ASPEN HIGHLANDS CONDOMINIUMS,RECORDED JANUARY 11,2001 IN PLAT BOOK 56 AT PAGE 2Q AND FIRST SUPPLEMENT RECORDED JUNE 11,2002 IN PLAT BOOK 60 AT PAGE BL 50.TERMS,AGREEMENTS,PROVISIONS,CONDITIONS AND OBLIGATIONS OF CENTRAL PLANT AGREEMENT RECORDED JANUARY 17,2001 AS RECEPTION NO.450594 AND RECORDED DECEMBER 23,2002 UNDER RECEPTION NO.476466, 51.TERMS,CONDITIONS AND PROVISIONS OF COVENANT AND NOTICE RECORDED FEBRUARY 08, 2001 AT RECEPTION NO.451327, 52.TERMS,CONDITIONS AND PROVISIONS OF EASEMENT AGREEMENT RECORDED JUNE 11,2002 AT RECEPTION NO.468562. 141 REck:� pD 0C r 2 12013 OM C�111oj� '�SP 0 /EIOPkrNT , {{ ATTACHMENT 2—LAND USE APPLICATION PROJECT: F-1IU�� I�� J C ' l p) Name: S )6 i A(_ • S ?1-1 Location: 0 3 `T _ —Ll k7 I -T — G Indicate street address,lot&block number,legal description where appropriate) Parcel ID#(REQUIRED) / j Z APPLICANT: Name: �1� Address: � -4/6 Z- Phone#: - �, REPRESENTATIVE' Name: .- 2 -JJ jt�c_-("S Address: �Z 1 r? L+ z) Phone#: TYPE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use ❑ GMQS Allotment X 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.) r� l PROPOSAL: (description n (of proposed buildings,uses,modifications,etc.)c. q 61 4 r A\ZA'1 IE� 121✓l 1✓1 G AR 1'��_f a(- �� d YC, i i i. 2 Have yotf attached the following? FEES DUE:I Pre-Application Conference Summary Attachment#1,Signed Fee Agreement � +., EJ Response to Attachment#3,Dimensional Requirements Form/)2.,� (�r r EJ Response to Attachment#4,Submittal Requirements-Including Written Responses to Review St�t1a2a 2013 ❑ 3-D Model for large project !/,* WIT BEN All plans that are larger than 8.5"X 11"must be folded. A disk with an electric copy�(Microsoft Word Format)must be submitted as part of the application. Large scale projec di electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. Agreement to Pay Application Fees Anagreement between the City of Aspen "Clt and Pro)(Y Eastwood Highlands Investors, LLC Phone �. 970.925.9817 Owner `I` Address of 0133 Prospector Road Billing 0133 Prospector Road Property: Address: Suite 4102 (subject of Unit 0-4114 (send bills here) application) 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. $.0 flat fee for Select Dept $0 flat fee for Select Dept $0 flat fee for Select Dept $ 0 flat fee for Select Review 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. $975 deposit for 3 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at$323 per hour. $0 deposit for 0 hours of Engineering Department staff time.Additional time above the deposit amount will be bitted at$265 per hour. City of Aspen: Property Owner: _!7-IVED Chris Bandon Community Development Director Name:Jordan Sarick manager of Eastwood Highlands,investors, 2013 Title: city use: SpE Fees Due:s 975 Received:$ OM I� ITY DEVELOpMct ° INGRESS/EGRESS � >/� I .,,�,., a,.. ,-:,: __ "- FOR I i� I i OFFICE SUITES I — BEYOND EXISTING i ADA BATH j ``•��___- EXISTING KITCHEN AD A RAMP Li. 1,, c W �I EXISTING ADA BATH �) G FR O 0O W U UP N N z ::) CL ()� O cn U I OVERFLOW DINING /ARCADE PRIVATE DINING ROOM Ii TO REMAIN 512 q ft W C/)�s 656 sq ft Q 3112" /�yy_ - _ - L.L L n/� L \` 31/2" 3.41 4'-21/4" ! [Tnn EXISTING WALL NEW DOO AND DOORS TO REMAIN 1 NEW WALLS "' RESTAURANT 975 S.F. i" A 00 R PLAN 7 11P 01CT 2 2013 1 A 02 CITY UP SPEN BON1MUNITY 7LOPNIENT c i r THE CITY OF ASPEN Land Use Application Determination of Completeness Date: October 23, 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 0064.2013.ASLU — 133 Prospector Hi hlg_ands), Insubstantial PUD. Your planner assigned to the case is Sara Nadolny. ❑ 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, I � Jennifer P el , Deputy Director City of Aspen, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required New SPA New PUD Yes No-x— Subdivision, SPA, or PUD(creating more than I additional lot) GMQS Allotments Residential Affordable Housing Yes No X Commercial E.P.F. Lodging CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Sara Nadolny,429-2739 DATE: 10.10.2013 PROJECT: Aspen Highlands- Insubstantial PUD Amendment for unit at Bldg 4 REPRESENTATIVE: Kim Raymond, 970-925-2252 DESCRIPTION: The owner of the north facing commercial spaces of Building 4 in the Aspen Highlands Village PUD is interested in dividing the current Highlands Pizza Company restaurant space into two separate commercial units, such that the restaurant will be restricted to a smaller commercial space, and a new commercial space will be created by the addition of a separating wall. This will create three distinct spaces on the north side of this building. Building 4 is part of the Aspen Highlands Village PUD, which was initially approved by Pitkin County and subsequently annexed by the City of Aspen. The PUD approval guide is recorded at reception#423274. This guide allocates a specific amount of commercial and non-unit space for the Aspen Highlands Village. For this application, the potential applicant must show how the changes to the current space will maintain each space operating commercial, so as not to change the approved amount of non-unit space allocated for the PUD. Staff feels this potential application meets the requirements of an Insubstantial PUD Amendment, and is requiring documentation of these alterations to memorialize the spaces as commercial, and to avoid potential future confusion. The following Land Use Code sections apply to this application: Land Use Code Section(s) 26.304 Common Development Review Procedures 26.445.100 (A) Planned Unit Development— Insubstantial PUD Amendment http://www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zoning/Title-26 Land-Use-Code/ Land Use Application and Impact Fee Guides are online at: http://www.aspenpitkin.com/Departments/Community-Development/Planning-and- Zoning/Applications-and-Fees/ Review by: - Staff for complete application - Director of Community Development for administrative approvals Planning Fees: $975 Deposit for 3 hours of staff time (additional planning hours over deposit amount are billed at a rate of$325/hour). Total Deposit: $975 To apply, submit the following information: k . 1. Total deposit for review of the application. 2. Proof of ownership. , ,l_ ?013 3. Completed Land Use Application Form. / 4. A signed fee agreement 5. A Pre-Application Conference Summary. (this document) ?It 6. A letter from the HOA consenting to the application. y _ 7. A letter signed by the applicant, with the 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. }i8. 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. 9. An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. 10 _--Existiagg-an It oposed site plan. 11.E_Sit�irrs+terent survey that includes all existing natural and manmade features of the property. 12. A written and graphic 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. 13. 2 Copies of the complete application packet and maps. 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. OCT C j 212013 Z R*41,79 ` BEN �1op*fir Agreement to Pay Application Fees Ana reement between the City of Aspen "CI and Property Eastwood Highlands Investors, LLC �1 'No°970.925.9817 Owner cr): Email: Address of 0133 prospector Road Billing 0133 Prospector Road Prom': Unit C-4114 Address: Suite 4102 (subject of (send bills here) application) 1 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 fdr the services indicated, I understand that these flat fees are non-refundable. $,0 flat fee for Select Dept 0 flat fee for Select Dept $0 flat fee for Select Dept $ 0 flat fee for Select Review 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. t 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. $975 deposit for 3 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at$325 per hour. $ deposit for 0 hours of Engineering Department staff time.Additional time above the deposit amount will be billed at$265 per hour. City of Aspen: Property owner: Chris Bendon Community Development Director Name:Jordan Sarick manager of Eastwood Highfands, LLC City Use: Title: ► Fees Due:$975 itecelved:$ 1610471 VED f' n UF �E�pp'�NT