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HomeMy WebLinkAboutLand Use Case.1205 Tiehack Rd.A010-00 --, CASE NUMBER PARCEL In # CASE NAME PROJECT ADDRESS PLANNER CASE TYPE OWNER/APPLICANT REPRESENTATIVE DATE OF FINAL ACTION CITY COUNCIL ACTION PZ ACTION ADMIN ACTION BOA ACTION DATE CLOSED BY --" r""" A010-00 2735-113-09010 MCC Lot #10 Ini?ubstantial PUD Amendment Lot 10 MCC Chris Bendon Insubstantial PUD Amendment Gerald D, Hodier c/o Richard Wax & Assocciates . Micheal Feigenbaum Approved 3/6/00 Chris Bendon .,.-... ,........, 'PARCEL"ID:p:-3e.I':!'J~~'i.: DATE RCYD: j< : oJ: . #COPIES:J' CASE No',!"'::": '.::; ~ASE NAME:jr.,Cc ~::.: :;i;j Illsubs!il..tl:l ruo ;"~'H:'.:ilTle ,,- PLNR:] PROJ ADDR:]L:: 'c ;.tCC CASE Typ:II"..:;:"n:..1 "J;) ,;....-dlll.-I STEpS:1 OWN/A'Pp:iG,::';,:-:::: I~;::::'c;::':':: ADR~r 0 Be.)' -"3~0 C/S/Z: A~::.::- CC S"(ii;; REP:Jr.~I":~C~ t=(.;'q(HII'~:1..~~ .. ADR:l~:':J:: ilt,;pO(ln~ J~.~ F' C/S/Z: ,....::pcn CO 5iof:?i FEES DUE:I';\: [) '"(' " FEES RCVD:IS~(: REFER[lAlSj PIlN:j"l:',:;;:,': PHN:j<:?:.t"CJ STAT:! REF:j ,BYj DUE:j MTG DATE . REY:BODY I'll NOTICED I rl lr- t PLAT (BK,PG):! S'2.. DATE OF FINAL ACTr CITY COUNCil: PZ: BOA:l DRAC:I ADMIN:I4rr'l-t!d. REMARKSj ClOSED:I~.(, .00 PLAT SUBMITD: I . BY: I ~w.. (;:;0 ~ G"2- ?'J ~"D ~1J 110 11,. ,........, I............. MEMORANDUM 1. The Improvement Survey needs to be properly dated, signed, and stamped with the seal of the surveyor. 2, Indicate the recording information, book and page, for the utility and street easement. 3. Indicate the area of the parcel to the nearest 0.001 acre. .. ""2.7~~t1 OATES, KNEZEVICH & GARDENSWARTZ, EC. ;-.\ ~. LAW OFF'ICES OF PROFESSIONAL CORPORATION ASPEN, COLORADO 81611 A - 10-00 THIRD FLOOR, ASPEN PLAZA I3UILOING 533 EAST HOPKfNS AVENUE LEONARD M. OATES RICHARD A. KNEZEVICH TED O. GARDENSWARTZ DAVID 8. KELLY TELEPHONE (970) 920-1700 FACSIMILE (970) 92.0-1121 e~mail ohkg@rof.net OF COUNSEL: MICHAEL F'E1GENBAUM JOHN T. KE:LLY January 28, 2000 DAVID 8. MUELLER VIA HAND DELIVERY Mr. Chris Bendon Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Application for Insubstantial PUD Amendment for Lot 10, Maroon Creek Club PUD, City of Aspen, Colorado Dear Chris: This application is for the following: Code Section Insubstantial PUD Amendment For Lot 10, Maroon Creek Club 26,84,080 Applicant: Gerald D, Hosier BACKGROUND AND SUMMARY OF ISSUE GeraldD, Hosier is the owner and developer of Lot 10, The Maroon Creek Club PUD, which has a street address at 15 South Meadow Lane, Aspen, Colorado 81611. The property is located adjacent to the Buttermilk Ski Area, as shown on the Vicinity Map, attached hereto as Exhibit A, The property is approximately, 75 acres and is zoned R-15,and is a legally created lot in the Maroon Creek Club PUD, The existing approvals for the property and Maroon Creek Club PUD are listed as Exception Nos, 9,10,11,13,14 and 16 in the Commitment for Title Insurance described below. I""'-. ,.-, OATES, KNEZEVICH & GAltDENSWARTZ. P.C. Mr, Chris Bendon January 28, 2000 Page 2 As evidence of ownership, a Commitment for Title Insurance was issued by Pitkin County Title, Inc" dated January 3, 2000, which is attached hereto as Exhibit B, The initial surveyor working on the development project was Carl R. Carmichael PLS, The current surveyor is John M, Howorth, PLS, of Aspen Survey Engineers, Inc. The building envelope ofthe property as set out in the applicable approvals is depicted on the portion of the recorded PUD Plat attached to the Application as Exhibit C, The applicant commenced construction on the project in July 1997, in accordance with generally accepted industry standards, and at all times believed in good faith that the project was being constructed consistent with all applicable approvals, In January 2000, the applicant was made aware that a portion of structure encroached upon the building envelope at several locations, These encroachments are depicted on the Survey prepared by John M, Howorth dated January 21, 2000, which is attached hereto as Exhibit D. An affidavit from Carl Carmichael describing the circumstances which led to the encroachments for Lot 10, Maroon Creek Club, is attached hereto as Exhibit E. The applicant believes that the circumstances relating to the current encroachments are similar, and Mr. Carmichael is not at this time accessible for further explanation, The applicant hereby requests approval of a Insubstantial PUD Amendment for Lot 10, the Maroon Creek Club PUD, to permit the relocation of the building envelope as depicted on the Insubstantial PUD Amendment prepared by John M, Howorth dated January 2000, which attached to this Application as Exhibit F, The revised building envelope is equal in area to the original one approved under the Maroon Creek Club PUD and related permits for Lot 10, No other approvals or changes are requested, CRITERIA FOR APPROVAL The applicant has satisfied the criteria for the Insubstantial PUD amendment, as described in Section 26,84,080(A)(9) of the Code, In particular, the modification of the building envelope does not increase the area of the envelope and, in addition, the modification does not result in any material alteration to the improvements located on Lot 10, SUPPORTING APPLICATION MATERIAL The following supporting information is submitted to the Planning Office together with this Application, I. Owner's Consent 2, Copy of Pre-Application Summary 3, Agreement to Pay Form ,-., OATES, KNEZEVICH & GARDENSWARTZ, P.C. ~. Mr, Chris Bendon January 28, 2000 Page 3 Please call me with any questions you have relating to the application, The applicant greatly appreciates your prompt attention, and thanks you in advance for your time and assistance in this matter, Sincerely, OATES, KNEZE~H & GARDENSW ARTZ, P.C. By: ~0~i~~~ MF/jr Enclosures cc: Jeff Davis Travis Thornton \\Mt\Data\Client-Matters\Wax\BendonLotlO.App.wpd f""'\ ~ January 28, 2000 Mr, Chris Bendon Community Development Department 130 South Galena Street Aspen, CO 81611 Dear Mr, Bendon: The undersigned hereby authorizes Michael Feigenbaum and Richard A. Wax & Associates LLC to act on my behalf in connection with matters relating to the application for Insubstantial PUD Amendment for the property located at Lot 10, Maroon Creek Club PUD, in Aspen, Colorado, fj~~~l Gerald D, Hosier PROJECT: """. LAND USE ApPUCATION i""", Name: Location: ApPUCANT: Lot 10. Maroon .Creek Club PUD 15 South Meadow Lane, Aspen, CO --- Lot 10, Maroon Creek Club PUD (Indicate street address, lot & block number, legal description where appropriate) Name: Address: Phone #: Gerald D. Hosier c/o Richard A. Wax & Associates, P.O. Box 7699, Aspen 81612 970-920-0236 REPRESENTATIVE: Name: Address: Phone #: Michael Feigenbaum, Oates, Knezevich & Gardenswartz 533 E. Hopkins, 3rd Floor, Aspen, CO 81621 970-920-1700 TYPE OF ApPLICATION: (please check all that apply): o Conditional Use 0 Conceptual POO o Special Review !]I Final POO (& POO Amendment) o Design Review Appeal 0 Conceptual SPA o GMQS Allotment 0 Final SPA (& SPA Amendment) o GMQS Exemption 0 Subdivision o ESA - 8040 Greenline, Stream 0 Subdivision Exemption (includes Margin, Hallam Lake Bluff, condominiumization) Mountain View Plane o Lot Split o Lot Line Adjustment . o Conceptual Historic Devt, o Final Historic Development o Minor Historic Devt. o . Historic Demolition o Historic Designation o Small Lodge Conversion! Expansion o TemporaryUse o TextlMap Amendment o Other: ExISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) Existing improvements encroach building envelope PROPOSAL: (description of proposed buildings, uses, modifications, etc.) Relocation of building envelope without increasing area Have you attached the following? il Pre-Application Conference Summary ~ Attachment #1, Signed Fee Agreement ] Response to Attachment #2, Dimensional Requirements Form 1 Response to Attachment #3, Minimum Submission Contents Response to Attachment #4, Specific Submission Contents Response to Attachment #5, Review Standards for Your Application FEES DUE: $ 650.00 ,........, ,,-. . ASPENIPITKIN COMMUNITY DEVEWPMENT DEPARTMENT Agreement for Payment.of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and . Gerald D. Hosier (hereinafter APPLICANT) AGREE AS FOLLOWS: I. APPLICANT has submitted to CITY an application for Insubstantial PUD Amendment (hereinafter, THE PROJECT), 2, APPLICANT understands and agrees that City of Aspen Ordinance No. 45 (Series of 1999) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness, 3, APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application, APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis, APPLICANT agrees additional costs may accrue following their hearings andlor approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application, 4, CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision, 5, Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amountof$ fi'in.nn wbich is for _ hours.ofCommunity Development staff time. and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review. Such periodic payments shall be made within 30 days of the billing date, APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN A~O~I By: By: Gerald D. Hosier Julie Ann Woods Community Development Director Date: January , 2000 Mailing Address: c/o Richard A. Wax & Associates LLC P.O. Box 7699, Aspen, CO 81612 g:lsupportlforms\agrpayas,doc 12/27/99 ...~ FROM : CARM I CI-R3... SURVEYI NG PHONE NO. : 97e963lil7S7 ("" Jan. 12 1999 1il4:5l1lPM Pi TO: DATE: RE: AFFIDAVIT OF CARL R. CARMICHAEL PLS. Ltd. CITY OF ASPEN PLANNING DEPARTMENT JANUARY 12, 1999 LOT 36, MAROON CREEK CLUB (! fJ/:/ / I was contracted to do start-ta-flnlsh survey work for three lots iri the Maroon Creek Club (Lois 27, 35 and 36). Nonnalprocedures for a surveyor in laying out a house designed by an architecture finn begin with a site plan produced by the architect, On that basis, the surveyor relies on design work by an architect for the stnIcture, and on design work by a structurel englneerfor the foundation, ':. .. In the case of Lot 36, If one examlnea the site plan, it wlll be apparent that the house barely fils within the building envelope. As shown on the site plan, lI)e roof overhangs also fall within the envelope. Therefore, I used three. points to orient the house foundation as drawn on the site plan. The dimensions that I used, as well as the points r used, are shown on the attachep map (labeled 'As-Built House"). You will note that !he three dimensions that I used based on the foundation sketched on the si.te plan, and the house IlS constructed, fit those dimensions at those three points. The errors occurred es a result of the site plan being Incorrectly scaled within the bUilding envelope. It appeared there would be plenty of room along the westerly side of the lot where the encroachments occurred; therefore, 1 did not specifically check the westerly site plan foundation scal/ng or the two house comers and two light wells to aSSUre they were Within the building envelope. It is not normally necassary for the surveyor to check every Single calculation, detail, and accuracy of work provided by others. I do carry certain responsibilities as a Professional Land Surveyor to accurately and correctly stake the specified foundation to the best of my knowledge and ability. standard staking procedures involve marking the primary foundation comers, while add-on details such as wing walls, light wells. retaining walls, column supports and interior footings are left to the concrete contractor. In this cue, It appears that a combination of design work, scaling errors, and not double checking each and every detail, structural and architectural, for conformity to compliance with the parameters of the building enWllope, led to the situation that currently exists. I myself, had no knowledge the house encroached into the set backs untfl Schmueser, Gordon, Meyer had a survey crew on site for unrelated work and during the course of that work they found the encroachmBnts. At that point, I was not informed by Steve Ehlers, the field survey coordinator for SGM, of the encroachments which, as professional ethics require, I should have been. Instead. the Infonnatlon was relayed to my employer via a third party. At that time I personally checked the infonnation provided by SGM and found substantial agreement with their work. The results of my checking are shown on said map labeled 'As-Built House.' Armed with the results of my survey checking the encroachments, I contacted Sara Thomas at Community Development, Building, Planning and Zoning to Inform her of the situation and to seek the proper course of action to rectify the encroachment problem. At that point, I came to the conclusion that legal advice llnd assistance was necessary. I infonned Richard Wax & Associates of my conclusion and their attorney, Michael Feigenbaum, became involved In rBaching a solution amendable to all parties. JAN. 26, 2000 1 : 00 PM PITKIN COUNTY TITLE ,........, NO. 4377 P,4 (0;, \ SCHEDULE B SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements. or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4, Any lien, or right to a lien, for services, labor, Or material heretofore or hereafter fumished, 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 due and payable; and any tax, spacial assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and right of way for ditches or canals constructed by the authority of the United States as reserved in United States Patents recorded March 15, 1992 in Book 55 at Page 21, August 26, 1911 in Book 55 at Page 189, August 26, 1911 in Book 55 at Page 191, September 13, 1934 in Book 162 at Page 400, June 16, 1944 in Book 167 at Page 562 and May 20. 1953 in Book 180 at Page 155. 8, Easements, rights of way and all matters as disclosed on Plat of subject proparty recorded November 15, 1993 in Plat Book 33 at Page 4 and Amended Sheet 2 recorded March 31, 1994 in Plat Book 34 at Page 23 and Assignment of Plat to Maroon Creek Limited Liability Company recorded February 17,1994 in Book 742 at Page 117 and 121, 9. Those terms, conditions, provisions, obligations, easements, restrictions, assessments and all matters as set forth in Master Declaration of Protective Covenants for Maroon Creek Club recorded December 2, 1993 in Book 733 at Page 598 and First Amendment thereto recorded February 17, 1994 in Book 742 at Page 83, Assignment and Designation of Successor Declarant for Maroon Creek Club recorded May 11, 1994 in Book 750 at Page 242, Second Amendment thereto recorded June 8, 1994 in Book 752 at Page 754 and Amended and Restated Third Amendment thereto recorded July 26, 1994 in Book 756 at Page 597. 10. Terms. conditions, provisions, obligations and all matters as set forth in Subdivision Improvements Agreement recorded November 12, 1993 in Book 730 at Page 606. 11. Terms, conditions, provisions, obligations and all matters as set forth in Final Plat Resolution of the Board of County Commissioners recorded August 13, 1993 in Book 721 at Page 245 as Resolution No. 93-104. 12. Avigation Easement granted to Pitkin County recorded November 12. 1993 in Book 730 at Page 690. 13, Terms, conditions, provisions and obligations as set forth in Deed Restriction for Maroon Creek Club Townhomes recorded November 12, 1993 in Book 730 at Page 717. (Continued) I JAN, 26. 2000 1 : 00 PM PITKIN COUNTY TITLE 1""'\. NO. 4377 p, 1 f', COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1, Effective Date: January 3, 2000 at 8:00 AM Case No, PCT14910 2, Policy or Policies to be issued: (a) AL TA Owner's Policy-Form 1992 Amounts 4,500,000,00 PremiumS 4,272.00 Rate: Re-Issue Proposed Insured: MOLLIE ZWIEG (b) AL TA Loan Policy-Form 1992 Proposed Insu red: AmountS 0.00 PremiumS 0.00 Rate: Tax Certificate: $10.00 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commttment is at the effective date hereof vested in: GERALD D. HOSIER 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: LOT 10, MAROON CREEK CLUB, as shown on the Final Subdivision Pial & PUD for Maroon Creek Club, recorded November 15, 1993 in Plat Book 33 at Page 4. pITKIN COUNTY TITLE, INC_ 601 E. HOPKINS ASPEN, CO_ 8"l6lJ 970-925-1766 970-925-6527 FAX AUTHOroZED AGENT Schedule A.PG_1 This Commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. Post-it. Fax Note 7671 To co./Oepl. PhOnlil # Fax' JAN. 26, 2000 I,:OlPM PITKIN COUNTY TITLE 1"'" NO, 4377 p, 5 .~! SCHEDULE B SECTION 2 EXCEPTIONS - (Continued) 14, Terms, conditions, provisions and obligations of Water Service Agreement between The City of Aspen and Pearce Equities Group II, Limited Liability Company, a Utah Limited Liability Company, recorded November 15, 1993 in Book 730 at Page 797, Assignment and Assumption of Water Lease Agreement recorded November 15,1993 in BooK 730 at Page 865, Assignment and Assumption Agreement recorded January 7, 1994 in Book 737 at Page 899 and Amended Assignment and Assumption A9reement recorded April 11, 1994 in BooK 747 at Page 191. 15, Terms, conditions, provisions and obligations as set forth in Trench. Conduit and Vauit Agreement with Holy Cross Electric Association, Inc" recorded July 11, 1994 in Book 755 at Page 55. 16. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners recorded AU9ust 28, 1995 in Book 791 at Page 821 as Resolution No. 95-128. 17. Any loss or damage resulting from Civil Action No. 96CV72-3, 18. JAN. 26, 2000 1:01PM PITKIN COUNTY TITLE 1""'. NO. 4377 p, 6 .~ ADDmONAL INFORMATION AND DISCLOSURES The Owner's Policy to be issued, if any shall contain the following items in addition to the ones set forth above: (1) The Deed of Trust, if any, required under Schedule B-8ection 1. (2) Water rights, claims or title to water. (NOTE: THIS EXCEPTION WILL APPEAR ON THE OWNER'S AND MORTGAGE POLICY TO BE ISSUED HEREUNDER) Pursuant to Insurance Reguletion 89-2; NOTE: Each title entity shall notify in writing every prospective insured in an owner's title insurance policy for a single family residence (including a condominim or townhouse unit) (I) of that title entity's general requirements for the deletion of en exception or exclusion to coverage relaMg to unfiled mechanics or materialmens liens, except when said coverage or insurance is extended to the insured under the terms of the policy, A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanics' andlor Materialmen's Liens executed by the persons indicated in the attached copy of said affidavit must be furnished to the Company. Upon receipt of these items and any others requirements to be specified by the Company upon request. Pre-printed Item Number 4 may be deleted from the Owner's policy when issued. Please contact the Company for further information, Notwithstanding the foregoing, nothing contained in this Paragraph shall be deemed to impose any requirement upon any title insurer to provide mechanics or materialmens lien coverage. NOTE: If the Company conducts the owners or loan closing under circumstances where it is responsible for the recording or filing of legal documents from said transaction, the Company will be deemed to have prOvided "Gap Coverage". Pursuant to Senate Bill 91-14 (CRS 10-11-122); (a) The SUbject Real Property may be located in a Special Taxing District; (b) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained form the County treasurer of the County Treasurer's Authorized Agent; (c) Information regarding SpeCial Districts and the boundaries of such districts may be obtained from the Board of County Commissioners. the County Clerk and Recorder, or the County Assessor. NOTE: A tax Certificate will be ordered from the County Treasurer by the Company and the costs thereof charged to the proposed insured unless written instruction to the contrary are received by the company prior to the issuance of the Title Policy anticipated by this Commitment. This commitment is invalid unless the Insuring Provisions and SChedules A and B are attached. Schedule B-Section 2 Commitment No. PCT14910 """". ("'\ ----, J I I I -,~ -r...... '........... I.......... ............_ I .......... - ( '~ .............. ..... l ............... ................. '....... ................ , ' , ~ ~~ ~ ~~ ~'r I I I I I I I I I I I I I I I I ~ \ \ \ \ \ - -- -------.... .......... r'-'-'-'-'-'-'-'-'-'-'-'-'-': _-----....._......... "'.. / r------l I "', ....J... ."..... /' @ "j ...... """ '_._ .( ""II::t I! '... ......_ .-............. I I "'-......... -...-;--........ -....... ........ / i ......~ -,_ ........,.....~ I ...-......... -......... ......._i ... ........ ............ OJ;..; ......--- -__ od-' --- .....--..----- -. ,...-----T'-.-" -,-,-,-'-'-'-'-r ~! ! ._._._._._._.~ \::!) i 1 '-__.L._._....1 ------ -------... , : : ! r-J--"",<", J : I/@ '.) I ,-I '/ /^.... I I II..: - ./ // ......:.......... / / I '---.-:::':./ .......1, // .......,' I . .~ ....... . .1'( @ l'')~,/ l,...:.,_;:;@......-......! \\ ~ I ,... ......-. / - "1 \..i. I I ....... I I. ., I I.... I - II '.... ) \ ,,_______...J. ".... \ ,._____._.___._____.:..J "y I>..........~------~-~--::::=::::-- ('" ;,;v----r;roa0W H.Lf70S- I ......... Fr7 /"/ \ ----1 I I I I !@N;' I I I I I / I I I I L__~ ---r----..., I~ ..--0- JAN, 26. 2000 .1: OOPM PITKIN COUNTY TITLE (""\. NO. 4377 P. 2 ~ SCHEDULE B - SECIION 1 REQUIREMENTS The following are the requirements to be complied with: ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record to-wit: 1. Release by the Public Trustee of the, Deed of Trust from : GERALD D. HOSIER to the Public Trustee of the County of Pitkin for the use of : ALPINE BANK.. ASPEN BRANCH original amount : $ 1,500,000.00 dated : July 12, 1997 recorded : July 18, 1997 reception no. : 406450 Modification Agreement changing various terms of the Deed of Trust above was recorded April 7, 1998 as Reception No. 415369. Modification Agreement changing various terms of the Deed of Trust above was recorded March 3, 1999 as Reception No. 428358. Modification Agreement changing various terms of the Deed of Trust above was recorded September 24, 1999 as Reception No. 435858. 2. Release by the Public Trustee of the, Deed of Trust from : GERALD D. HOSIER to the Public Trustee of the County of Pitkin for the use of : ALPINE BANK - ASPEN BRANCH original amount : $ 100,000.00 dated : July 14, 1998 recorded : July 23, 1998 reception no. : 419752 Modification Agreement changing various terms of the Deed of Trust above was recorded September 24. 1999 as Reception No. 435856, 3. Release by the Public Trustee of the, Deed of Trust from : GERALD D. HOSIER to the Public Trustee of the County of Pitkin for the use of : ALPINE BANK - ASPEN BRANCH original amount : $ 200.000.00 dated : September 10,1998 recorded : October 5, 1998 reception no. : 422802 (Continued) JAN. 26, 2000 1: OOPM PITKIN COUNTY TITLE ,-..., NO. 4377 P. 3 t"'~\ SCHEDULE B - SECTION 1 REQUIREMENTS - Continued Modification Agreement changing various terms of the Deed of Trust above was recorded March 3, 1999 as Reception No. 428360. Modification Agreement changing various terms of the Deed of Trust above was recorded September 24, 1999 as Reception No. 435857. 4. Deed from : GERALD D, HOSIER To : MOLLIE ZWIEG 5. Duly acknowledged certificate of the authorized Managing Agent or Board of Directors of Maroon Creek Club certifying that there are no assessments for common expenses which remain unpaid or otherwise constitute a lien on the subject property. 6. Certificate of nonforeign status executed by the transferor(s). (This instrument is not required to be recorded) 7, Completion of Form DR 1079 regarding the witholding of Colorado Tax on the sale by certain persons, corporations and firms selling Real Property in the Stale of Colorado. (This instrument is not required to be recorded) 8, Evidence satisfactory to the Company that the Declaration of Sale, Notice to County Assessor as required by H,B. 1288 has been complied with, (This instrument is not required to be recorded, but must be delivered to and retained by the Assessors Office in the County in which the property is situated) I JAN-28-2000 FRI 02:40 PM FAX NO, p, 01 ,'-' .f"\ CITY OF ASPEN PRE.APPLlCATION CONFERENCE SUMMARY r- PLANNER: I. r--2. .3. Chris Bendon, 920.5072 DATE: 1.25,00 PROJECT: REPRESENTATIVE: OWNER: TYI'E OF APPLlCA TION: DESCRIPTION: Maroon Creek Club Lot #1 0 PUD Amendment #1 . Michael Figenbaul'l1, 920-1700 Insubstantial PUD Amendment Amendment to building envelope with no changcs to setbacks, Land Use Code Section(s) 26,84.080 Planned Unit Development Amendments Review by: Public Hearing: Referral Agencies: Planning Fees: Referral Agency Fees: Total Deposit: Staff, Referral agencies, Director No. Engineering, Planning Deposit Minor ($480) Engineel'ing, Minor ($170); $650(additional hours arc billed at a ratc of$195/hour) To apply, submit the following information: 4, Proof of ownership, Signed ftic agrecment. Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number ohhe representative authorized to act on behalf of the applicant. Street address and legal description of the parcel on which development is proposed to occur, consisting ofa current certificate froOl a title insurance company, or attorney licensed to practicc in the State of Colorado, listing the names of all owners of the property, and all mortgagcs,judgments, liens, casements, COlltracts and agreements affecting thc parcel, and demonstrating the owner's right to apply for the Devclopment ApplicatiOn, Total deposit for review of the application 2 Copies ofthc complete application packet and maps. Ill'C ~ 12; PZ = 10; GMC = PZ+5; CC = 7; Referral Agencies ~ Ilea.; Planning Staff = 1 An 8 1/2" by 11" vicinity Illap locating the parcel within the City of Aspen. Affidavit from surveyor of error. Site improvcment survey including topography and vegetation showing the current status, including all easements and vacated rights orway, of the pm'cel certilied by a registered land surveyor, licenscd in thc state of Colorado. (This rcquirement, or any part thcreof, may be waived by the Community Development Department if the project is determined not to warrant a survey document.) Draft plat, Additional materials as reqtlired by the spccific review. Please refer to the application packet for specific submittal requirements or to the code sections noted above, A wriUen 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 dcvelopmellt applicati()I1. Please include existing conditi,>ns as well as proposed, Copies of prior approvals (Copy of approved plat map for Lot 10) 5. 6, 7. 8, 9. 10, I!. 12, ,r--Disclaimer: ' rhe foregoing .11mmary is advisory in nalure only and is not binding on lhe City, The Slnnnlary is based on cun'enl zoning, which is subject to change in the future, and upon factual representalions that mayor may not be accurate. The summary doc. not create a legal or vesled right. ~^