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Home My WebLink AboutLand Use Case.1230 Tiehack Rd.0050.2006.ASLU - - City of Aspen Community Development Dept. CASE NUMBER 0050.2006.ASLU PARCEL ID NUMBER 2735-11-3-09-007 PROJECT ADDRESS 1200 TIEHACK RD PLANNER JESSICA GARROW CASE DESCRIPTION AMEND SHAPE OF THE DEVELOPMENT ENVELOPE FOR LOT 7 ] REPRESENTATIVE DOUG RAGER 927-1780 DATE OF FINAL ACTION 12/12/2006 12 CLOSED BY Johannah Richards -- -~ ;.. ,/ ",;' 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. LANSF AM II LLC : 30 S WILLOW CT ASPEN, CO 81611: (970) 544-0400 Property Owner's Name, Mailing Address and telephone number SUB:MAROON CREEK CLUB LOT:7, located at 1200 Tiehack Road. Legal Description and Street Address of Subject Property The applicant has received an Insubstantial PUD Amendment for a Development Envelope change. Written Description of the Site Specific Plan and/or Attachment Describing Plan City of Aspen, Community Development Department. Administrative Approval for land use approvals associated with and necessary for construction. Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) November 5, 2006 Effective Date of Development Order (Same as date of publication of notice of approval.) November 6, 2009 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 30th day of October, 2006, by the City of Aspen Community Development Director. Chris Bendon, Community Development Director - .-- ......"'" ",",,"" PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval ofa site specific development plan, and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: SUB:MAROON CREEK CLUB LOT:7 , located at 1200 Tiehack Road, by Insubstantial PUD Amendment on November 5, 2006. The Applicant received approval of an Administrative PUD Amendment to change the Development Envelope. For furthe~ information contact Jessica Garrow, at the City of Aspen Community Development Dept. 130 S. Galena St, Aspen, Colorado (970) 429-2780. sf City of Aspen Publish in The Aspen Times on November 5, 2006 """ v .-.. "." Section 18: Vested Property Rights The development approvals granted herein shall constitute a site-specific development plan vested for a period of three (3) years from the date of issuance of a development order. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 1200 Tiehack Road., City of Aspen, by Administrative PUD Amendment of the Aspen Community Development Director. II i 111111I11111111111 ~;~~;~ ~2: 091 JFlNICE K VOS CAUDILL PITKIN COUNTY CO R 31.00 D 0.00 MEMORANDUM THRU: Chris Bendon, Community Development Director --..V\A Joyce Allgaier, Deputy Director FROM: Jessica Garrow, Planner I Jtl'b Lot 7 Maroon Creek Club Subdivision Development Envelope Change Parcel Number: 2735-113-09-007 RE: DATE: September I, 2006 SUMMARY: Leonard Lansburgh, represented by Doug Rager of Doug Rager Architect PC, has applied for an Insubstantial PUD Amendment to amend the shape of the development envelope for Lot 7 of the Maroon Creek Club subdivision at 1200 Tiehack Road. The proposed changes are attached as Exhibit "B". ApPLICANT: Leonard Lansburgh, represented by Doug Rager of Doug Rager Architect PC LOCATION: 1200 Tiehack Road; Lot 7 Maroon Creek Subdivision ZONtNG: R l5A PUD (Maroon Creek PUD) REVIEW PROCEDURE: The Community Development Director may approve, approve with conditions, or deny an Insubstantial PUD Amendment pursuant to Land Use Code Section 26.445.l00(A), PUD Insubstantial Amendment. STAFF COMMENTS: The proposed changes to the Development Envelope will enable the lot to have driveway access from the south rather than the north portion of the lot. The Development Envelope change will not affect the Building Envelope, and will result in a net decrease in Development Envelope size equal to approximately fifty (50) square feet. Staff finds that the Development Envelope change meets the review criteria for an Insubstantial PUD Amendment. RECOMMENDATION: Staff finds that this application meets the applicable review standards for granting an Insubstantial PUD Amendment and recommends that the Community Development Director approve this request. "", ","." ......." EXHIBIT A: REVIEW CRITERIA & STAFF FtNDINGS An insubstantial amendment to an approved development order for a final development plan may be authorized by the Community Development Director. The following shall not be considered an insubstantial amendment: 1. A change in the use or character of the development. The change in the Development Envelope will not result in a change to the character of the development. The change will enable driveway access from the south portion of the lot rather than the north portion of the lot. Staff finds this criterion met. 2. An increase by greater than three (3) percent in the overall coverage of structures on the land. Currently there are no structures on the land. Staff finds this criterion met. 3. Any amendment that substantially increases trip generation rates of the proposed development, or the demand for public facilities. The proposed change is to the area of the Development Envelope on a currently planned but undeveloped parcel, and will therefore not impact the trip generation rates or demand for public facilities. Staff finds this criterion met. 4. A reduction by greater than three (3) percent of the approved open space. The proposed change is for an individual lot and will not impact the approved open space. Staff finds this criterion met. 5. A reduction by greater than one (1) percent of the off-street parking and loading space. The proposed Development Envelope change will not impact the off-street parking or loading areas. Staff finds this criterion met. 6. A reduction in required pavement widths or rights-of-way for streets and easements. The proposed change will not impact the pavement widths or rights-of-way for streets or easements. The change will only impact the Development Envelope on the lot in order to provide driveway access from the south portion of the lot rather than the north. Staff finds this criterion met. 7. An increase of greater than two (2) percent in the approved gross leasable floor area of commercial buildings. 11111111111111111111 II ~;~~~:;~ ~2 :091 JANICE K VOS CAUDILL PITKIN COUNTY CO R 31.00 0 0.00 ,.~ '- / The proposed change does not include any commercial buildings. Staff finds this criterion met. 8. An increase by greater than one (1) percent in the approved residential density of the development. The proposed change will not impact the density of the development. The change will impact the Development Envelope, not the Building Envelope. Staff finds this criterion met. 9. Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting a variation from the project's approved use or dimensional requirements. The proposed change is consistent with the PUD's original approval. The change will result in a net decrease in the Development Envelope and will not impact any dimensional requirements or the Building Envelope. Staff finds this criterion met. 528447 Page: 4 of 6 09/11/2006 12:091 JFlNICE K vas CAUDILL PITKIN COUNTY CO R 31.00 D 0.00 :::::/06/2006 ::::: jjj .. '" "'~ .. r- ...ms .qo~Q q- It)~D m a;::: N "'.... .'" LD Q. sCSi) .. 13:29 FAX 970 945 594ft, SCHllUESER GORDON MEYER r:e~~\.t 13141001/002 Glenwood SprIngs Offk:a, (970) 945-1004 FAX. (970) 945-5948 , , (5 SCHMUE:SER I GORDON I ME'tER IN.,HEEII'O" GUJIIYEYO... Aspen 0IIlce. (970) 925-6727 FAX. (970)925-4157 SCHMueSER GORDON MeyCR. INC. J J 8 We.' ". S,,"I, Suite 200 G/enwood Sprl",. CO 81601 hllo:f!www.sltm.lnc.com Cre6ted Bulte.OIIli:el (970) 349-5355 fAX. (970) 349-5358 Meeker Offk:a, (970) 878-5180 FAX. (907) 878-4181 MISSION STATCMCNT: We e,I.,lo milk, OUl cll,no succfSlful. We do IhIs by unders,.nd/1ll1heJr developmenl ,nd Infll5lluclure needs, ,nd lhe unique envllOnmenl of 1M v'/IeJ commun/Ue. wMte .. IIJ&. We plOvlf/e re.ponsl.., 'ppIOPII,te elllllneell",. .u,..yl", ,nd consulll", .eIVlee. III ,chIeN our clt.nls..... . whlfe ploleell", Ihe h..nh ufely, qUlll1y of life ,nd mounl,ln envlnmmem of our neilhbota. Projec:l: }..,,.\- 7 :z 0(1 , C/~ . JJm....,.wfJM- Date, (. ~J1p~ oc. Fax: ere' 0 ..,5'4"3 .ct. Fax: . Fill: Fill. Fill. Fex: (h~vc.c.'1 - J.r(, .c;e./ C V'-c;"4 Projec:l No, (JJJ r . To: To. To: To: To: To: FROM: ,,) /..e_-< &trot ,.-f [ ) Orlal",1 mailed. [) Orlal",1 not mailed. , I I .I COMMENT: rn j:o '-'......... -l oJ- 7' ~ ca.V ...,'" p .r.. C.c (f' IJ. m .A ~.t..;( ,,~-t- rJ;, i l'"....l C'L~ .H...L c.v.c~ It . .,.......cc....<..~, CONFfDlNTIAUfY NOTICE . . . . . This f,es/mlle ITlmmlsslon (,nd/ol documents ,ccomponyllllllJ m,y conlaln confldenIMlllIIonMtloII be/ofllhw III lhe .endt,. whkh Is plOlet:ted bylhe elllllneel/cHenl p,lvlt.,.. The Infoll7"lIon II Im.ndef/ ",. ,<<the ... of Me IndMdlnlol enl/ly MI/If!d 'bove, If you ,te nollM Intended recipient, you ,te hereby nol1/1ed IMI.", ..dof..... copyl"" dlslllbullon, wlhe ~kl", df .ny ,dlon In "n,nce on 1M conleno of Ihfs InfontMlIon" strfcffyplOl/lMffL If you Ill.. lfCelved Ihl. ",mmlnlon In fllOI. plt..e Immedl,'ely nollfy us bllet.phone III 'III",. for mum IIfMe documenIL ThInk,..,. ......................................~.....~.............................. ToIal plIses (Ineludlns this psse), "Z... Plea6' callI! this amount DI PI" WIS nolrecelYld. L__ 09/06/2006 13:29 FAX " ,.......:' .~ (~ '.;"'; I I I I I I I 'DE PRMl7F----i S EASEME/IfT. 7T'10 I I I '" RUl.E .. 0IIf1ER I 'JE]) Fi.iJfiiAjfi P. 11.9GG 'ION NO. 427'910. I ~ I I I '1 M(J.'Hlo w1 Sane I I I 7T 5 I I I I I I I I I I I I I I I I ~ r '",~) ....,.. ~ f.;~ .~ t"i lit:: . .....@ ..... 9:l ;;)~ . ~ ~.... ~ ItX ",' ''It, 20' ~~ C 970 945 59~;l.... I, / I I I I -, I I SCHMVESER GORDON MEYER Igj 002/002 ,- >"'.1" AREA TO 8E SUBTRAC '0 FROM EXISTING OEVELOPMENT ENVELO. AREA 2261 SQ. FT. fl.J f);; :') (0 G \.) '" ...., ~ N Of1YXnXJ" E It.H' "'" ""'"",/ ~ ~0'" ""'... ~' /.""'~"'" . 0..0"", ,>0'"" . ~~'~""'$<.", -....;:. e'bc' . 't.~ ~ .<', ..... ''<<;''1,.., ..... 0..0 -....;.:,,.... '. <f' ..:..u~ "'" ...... "'" ""'.J, ~ AREA TO BE AOOEO TO OEVELOPMENT ENVELOPE AREA 2216 SQ. FT. ......<2 is' 'cS'o. <1'<; .~, ~~\, ,~ q.> &(" <<"ff.J ~~;:;\~~.- -- 528447 Page: 6 of 6 09/11/2006 12: 091 JRNICE K vas CAUDILL PITKIN COUNTY CO R 31.00 0 0.00 r-- , ....... , , ~ THE CITY OF ASPEN Land Use Application Determination Of Completeness Date: August 29, 2006 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number, name, and property identification number assigned to this property are 0050.2006.ASLU, 1200 Tiehack Road and 2735-113-09-007, respectively. 1 will be handling this case. o Your Land Use Application is incomplete: We found that the application needs additional items to be submitted for it to be deemed complete and for us to begin reviewing it. We need the following additional submission contents for you application: 1. 2. 3. 4. 5. 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. 00 Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2780 if you have any questions. Thank You, < w Planner Community Development Department C:\Documents and Settingsljessicag\My Documents\Cases\l200 Tiehack - Marron Creek lot 7\CompletenessLetter _1200Tiehack.doc i~f7;;G :- (3) ?r?S. 70.' UeSSfc--4 G~l2-ovy FAI L('2-0-5"t3'( T(20f11 ~ D%~c72- /' z 7 - /7c:3 6 (J2: /).00 71c/ffc+- f20 Jl(cc wT 7 F(A/kL- .;f;rbc ~~~ - AUG-24-2006 11:45 From:WILLIAM L~~ AlA WILLIAM LUKI' . A"Oela.YIlIi PROJF.r.T M^W^r.~~'WT ARCH,TICluRE 24 August 2006 Doug Ragllr 1780 Snowmass Croek Rood Snowmass, Colorado 81654 fax to 927-1760 re: Maroon Cre~k Club Lot 7 Site and Archilecture R~vi~w Committee App(ova/~ -- Doug: This will confirm that thll 6il1l IIml Architecture Review Committee of the Maroon Creek Club \i1asler Association, by a vot.. of t.he CommiUee members present at the August 22, 2006 meeting, gren ed the following approval: Final [construction documllnt) ArchHlIClUJ>l1 Approval and Design Development Landscape Approval for Lot 7 as provided by the Maroon CrllQk Club Design Guidelines based on plans received August 11,20)6. Approval to proc~ed with con9truction was includ~d in the approval granted, subiect to compliance with the following condition9. By the vote of the Commill.." m"mber~ present, thi$ approval Is subject to the followlr1g conditions: Standard Conditions of Approval: 1. No variances from the Maroon Creek Club DGsign Guidelines are given or implied by this approval, except as specifically identified herein. 2. Peymont 10 the Associmtion of the Design Review Fee and payment to the Association of th , Road Impact Foc hove been mode. 3. Signed and returned the Maronn Creek Club Master Association Compliance and ConslnJction Completion GUMranly and provided a Letter of Credit or equivalent financial security In the amount. of One Hundred Thousand Dollars [$100,OOO.00J. in a form and from a source as is acceptable to thl!t .A..!;J800ilotlinn. 4. Th.. "pproved language and form 101' a letter 01 credit Is available at www.wllllamlukcs.oom 5. Failure /0 construat III 80cordfl/Jf;e with approved plans o,fai/urc to comply with the approval process may resuft in forfeiture 0' some or all of the :lecurlly under the Compllan,;e and Construcl/on Complotlon Guaranty. 6, All proposed changes 10 approved plans, whether occurring before Of durIng conett,Jcflon, 0' afle, II 'house is oompleted and occupied, must be approved by SARC prior 10 start nlil thtl constfllction of the affected areas or componenrs. 7. In oroerlo avoid misunderstendlngs, all app,ovals must be in writing and .igned by eil.78r the Construction AdvlsorOflnotherrepresantJJtlve of SARC, No approvals will be given v!rbally by the Construction Advisor or Architectutel AdvIsor III Itlte VISI~ or other times. Pvn 0"" (:G L1\.1.ll. 9:1:&~ AliI': N t:OLORADO IH611 Y7 U. ~21>. 6Y1y AX' ()lO.6t}1l.6 ....... - -,... ... ..."'. I.I.LL...L....J.IIIYI L.r. "j furl ~. '- " 24 August 2005 Pogo 2 ~. Specific Conditions of Approval: 1. Additional ilems required (0 be submitted to SARC for review ond approval: A, Fin~llamJscapo and Irrigation plans within 45 days. B. A fully ~illn8d and recorded copy of the amended plat. C. Any plans or details of gr3ding or landscaping proposed for the area adjacent to th., driveway along the Lot 6 proporty line In order to make a grade transition in th~1 are.. Thj. should be submitted with the finallandscope plans. 2. Vadences were granted or confirmed ror the following: A, None. 3. No exposed metal nue caps or flue extensions will be allowed. No'proJer.tlons will be allOWe j at the tops of chimncy~ which are no! eomple!ely within the chimney P'l~m~""s And b~low the ce, s. Any visible metal work, II approved, shall comply with tho; OG for finiNh. 4. All exterior retaining walls 3r<l10 be clad in the same masonry vlln~~r SlA lha Muse, per th, DG. 5. Approval was not granted to pl"ce any mechanical equipment on roof~, IMF'ORTANT NOT/iS: Construct/on that Is either not in full accordance with the IJpprovod documents or thet hee m~t boen approved In adVance will ",suit in substantial fines being levied against the property owner. t:unds used to secure the Construction end Completion Guarl'nfJ' may be collec&.d by tho Master A!lIIoelatlon to pay any nnes that are a""aed. Approval by the Site and Archltectufe Committee of the Maroon Creek Club Mas&.r Associ; It/on dON not (lonf/litute IIn assurance that the design of the projKt or the application complies ..ith all lfppllceble provisions of the Counly approvalS for the Maroon Creek Club or that a building i,ormlt will be issulld. II is the owner's responslbilily 10 obtain building and other permits as ma)' be required by the City of Aspen. Please leI me know If you neve any questions regarding the Committee's acUon. or If we can be of lny furlher assistance. We will return onc set of the approved plans to you for the owner's record~, Sincerely, MAROON CREEK CLUB MASTER. ASSOCIATION Site and Architecture Review Committee " tu William Lukes AlA ArChitectural Advisor to SARC copies; Gory Albort, Pr66intinl. MCC Master Association Steve EJliotl and Sarah Smith, Joshua & Co., Association Manager Scott O",Wind. ConRln'~.Iion Advisor I... " / ,- \',..j Doug Rager, Architect P.C. 1780 Snowmass Creek Road Snowmass, CO 81654 970-927-1780 phone & fax Doug@DougRagerArchitect.com July 17, 2006 City of Aspen PROJECf: Lot 7, Maroon Creek Club PARCEL ID#: 2753511 lYPE OF APPLICATION: InsubstmtiaI Planned Unit Development (POO) Amendment Lot 7 Owner is: Mr. Leonard Lansburgh 30 South Willow Court Aspen, CO 81611 544-0400, fax 544-0441, cell 618-9826 Authorized Representative is: Doug Rager, Architect P.C. 1780 Snowmass Creek Road Snowmass, CO 81654 970-927-1780 phone & fax Doug@DougRagerArchitect.com Address & Legal Description: (1200) Tiehack Road, Subdivision: Maroon Creek Club, Lot 7 DESCRIPTION: The prospective Applicant would like to amend the shape of the development envelope for Lot 7 of the Maroon Creek Club Subdivision and PUD with no net increase in the area of the envelope, The lot is part of a Planned Unit Development (PUD) and PUD Amendment approval is required to modify the PUD and allow the alteration of the development envelope. Approval to apply fur the amendment shall be provided by the Homeowners Association. Thanklv 2~R1g~~ I Leonard Lansburgh authorize ~Rager. Architect P.c.. as my representative on this project. ~/---- , Signed: /~ / Dated:;// 2006 Leonard burgh ~ Doug Rager, Architect P.C. 1780 Snowmass Creek Road Snowmass, CO 81654 970-927-1780 phone & fax Doug@DougRagerArchitect.com July 17, 2006 City of Aspen PROJECf: Lot 7, Maroon Creek Club PARCEL ID#: 2753511 lYPE OF APPUCATION: Insubstantial Planned Unit Development (POO) Amendment Lot 7 Owner is: Mr. Leonard Lansburgh 30 South Willow Court Aspen, CO 81611 544-0400, fax 544-0441, cell 618-9826 Authorized Representative is: Doug Rager, Architect P.C. 1780 Snowmass Creek Road Snowmass, CO 81654 970-927-1780 phone & fax DougrlV,DougRager Architect. com Address & Legal Description: (1200) Tiehack Road, Subdivision: Maroon Creek Club, Lot 7 DESCRIPTION: The prospective Applicant would like to amend the shape of the development envelope for Lot 7 of the Maroon Creek Club Subdivision and PUD with no net increase in the area of the envelope. The lot is part ofa Planned Unit Development (PUD) and PUD Amendment approval is required to modify the PUD and allow the alteration of the development envelope. Approval to apply for the amendment shall be provided by the Homeowners Association. Thank yo~ ~er ~ I Leonard Lansburgh authoriz!1 project. // chitect P.e. as my representative on this Dated:~2006 Doug Rager, Architect P.C. 1780 Snowmass Creek Road Snowmass, CO 81654 970-921-1780 phone & fax Doug@DougRagerArchitect.com July 17, 2006 City of Aspen PROJECr: Lot 7, Maroon Creek Club PARCEL ID#: 2753511 TIPE OF APPUCATION: lnsubstmtial Planned Unit Development (PUD) Amendment DESCRIPTION: The prospective Applicant would like to amend the shape of the development envelope for Lot 7 of the Maroon Creek Club Subdivision and PUD with no net increase in the area of the envelope. The lot is part of a Planned Unit Development (PUD) and PUD Amendment approval is required to modify the PUD and allow the alt~ration of the development envelope. Approval to apply for the amendment shall be provided by the Homeowners Association. 1. A change in the use or character of the development. No change is to be made in the use or character of the development. 2. An increase by greater than three (3) percent in the overall coverage of structures on the land. There is currently are /10 structures. 3. Any amendment that substantially increases trip generation rates of the proposed development, or the demand for public facilities. This proposed change does not ciffect the trip generation rales or the demandfor public fadlities. 4. A reduction by greater than three (3) percent of the approved open space. There will be no net change in the areafor open S[JfKe. 5. A reduction by greater than one (1) percent of the off-street parking and loading space. There currently is 1W parking or loading space as it is undeveloped land 6. A reduction in required pavement widths or rights-of-way for streets and easements. The proposed change will not affect any right of ways or pavement widths. This . change allaws the driveway to enter from the south end of the lot instead of the north end of the lot miming along Tiehack Road 7. An increase of greater than two (2) percent in the approved gross leasable floor area of commercial buildings. . This is a undeveloped residential property which does not apply. 1 '. 8. An increase by greater than one (1) percent in the approved residential density of the development. This will not increase the residential density of the Maroon Creek Club development. 9. Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting a variation from the project's approve<! use or dimensional requirements. This change does not qffect the approved use or dimensional requirements of the original approval. There is no net change in the area of the building envelope, The envelope is amended to allow the access of the driveway to enter from the south end of the lot instead of the north end of the lot ronning along Tiehack Road. ~hankY u., 1J~ .b L~v-~~ oug Rager 2' CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT A8 ..I for Pa_ ofCitvof ^"- DeRIoo_ ADDIica_ F_ CITY OF ASPEN (bemnafk:r CITY) and I FO/Jltfl..t> LAN~ ~UR(j-H . (ben:ioaft<r APPliCANl) AGREE AS FOLLOWS: L APPliCANT has ld>milk:d 10 CITY an applicalion for :L.KI>RSTAIJ:rAI '\>LA-I.\/J,,1) U"':t:. '\),"IIE:LoI"N\1O /.IT C PUb) AM(;Nt)M.tN T (b:reimft<r. TIIE PROJECl). 2. APPLICANT _ and agrees 1baI City of Aspen o.diu.u.... No. 57 (Series of 2000) eslabfubes a fee ""","","" for Laod Use awJicalions and the paymcul of all..~iug fees is a condition ..........J<.d 10 a ..........,;~ ofapplicalion(',..."....~ 3. APPliCANT and CITY agree !bat because of the si2r; _ or SC<lpC of the proposed project, it is not possible at this lime 10 ascertain the fu1l c:xtml of the cosIs involved in pi' - . ..g the application. APPliCANT and CITY furIber agree1hal it is in the interesI of the parties !bat APPliCANT make .-~.-.4 of an initial dcposil and to _ p<2DIiI additional cosIs 10 be biIIed to APPliCANT on a moo1hIy basis. APPliCANT _ addilioml costs may acauc following Ibcir .......;..,;. aodIor approvals. APPliCANT _ be will be ba>eIitcd by reIaining gn:at<:i cash liquidity and will make addilioml payments upon nolificalion by the CITY when they are IlCCCSSaI)' as cosIs are incurred. CITY _ it will be benefited through the greata: certainty of recovering its fu1l costs to process APPliCANT'S application. 4. CITY and APPliCANf furIber agree 1baI it is impnlclicable foc CITY slaff 10 complete ~ oc present sufficient infoonation 10 1bc Planning Commission and/or City Council to enable the Planning Commission and/or City Council 10 make legally required findings for project consideration, unless cum:nt billings are paid in full prioc to decision. 5. Therefore, APPliCANf _ tbat in considerntion of 1bc CITY's waiver of its right to collect full fees prior 10 a _on of application completeness, APPliCANf sbaI1 pay an initial deposit in 1bc amount of $ which is for hours of Connmmity Dcvetopment slaff time, and if actual n:corded costs exceed 1bc initial deposit, APPliCANf sbaI1 pay additional monthly billings to CITY 10 reinJbur.;c 1bc CITY foc 1bc processing of the application mentioned above, including post approval review at a rate 0[$220.00 per planner hour over the initial deposit. Such periodic payments sbaI1 be made wi1hin 30 days of 1bc billing date. APPLICANf furIber _1baIl3iIure 10 pay such accrued costs sbaI1 be grounds for suspension ofproc....;"E. and in no case will building permits be issued mtil all costs associated with case processing have been paid CITY OF ASPEN APPLICANT L t? fl\P7Z. 0 L /J-n~ By: By: CIuis Bcadoa CommBmty DcweIopmeDt Director Dale: Bill To Mailing Address and Telephone Number: c:\supportlf.......\qrpayas.doe O2IOlJ06 '3.0 S<'ll.A-'\-\ W~u..ov.t ColART A$?~IJ, (j) 91(,/1 S'qt../-o,-/OO ATTACHMENT2-lAND USEAPPUCATlON API'LICANT: Name: L . LOT 7 Ie Locnion: Pan:el ID # RD'IlI:sI:NTATIVI:: NatIiC:'. ...'.'".:.....; '", , .Address: Phone #: 'RMER AIM.rn:<:""I: P. G. R .$ 0 W"I ~ LO PRoJEcr: I Name: M~\\ColJ. {REf X = Cj71')-Q2, -l7ea TYPE OF APPUCATION: (please check aIl1hat apply): Ll...l>'-' LOT / 0 Conditional Use 0 Conceptual POD 0 Conceptual Historic Iht. 0 Special Review .R Final POD (& POD Amendment) 0 Final Historic Ih'Clopment 0 Design Review Appell 0 Conceptual SPA 0 Minor Historic Devt. 0 GMQS Allotment I 0 Final SPA (& SPA Amendment) 0 Historic Demolition 0 GMQS ExeIq>tion 0 Subdivision 0 Historic Designation 0 ESA - 8040 Greenline, Stream 0 Subdivision Exemption (includes 0 Small Lodge Conversion' Margin, Hallam Lake Bluff; condominiumization ) Expansion MOUIrtain VIeW Plane 0 Lot Split 0 Temporary Use 0 Other: 0 Lot Line Ad' t 0 TextlMap Amendment ExIsnNG CONDlIlONS: 1 description of existing buildings, uses, previous approvals, etc.) I UNDEVEL-o[>Eb LA'-'D . PROPOSAL: 'ODof uses, modifications, etc.) AM""'D TItG "\\1..,,10 01'- \{IE Di2:vE.\..OI'/V\~' ECr<VE:l..ol'E" 1",,- kil, 7 ;r},.=-" CREEK ~ No No ;L:'N<:..R,;'Me: ",]::}J III REA OFTII 13ULLb;::"';; ENvE.LD Have,.. ............. tile iJIIowiDc? Fl:ES DuE: S l3" Pre-Application Coufi=1c:e SlIIIIIDllJ)' @"Attachment#I,SignedFee Agreement ,,\.g Response to .A""Nllnl'nt #3, Dimensional Requirements Form Qg Response to Atbl'lmv-nt #4, SubmittaIlkq";'"""",ls- Including Written Responses to Review Standards . . An pIam that are Jarger thaa 8.5"" 11ft must be folded and a Doppy disk witb :an electronic copy of aD written text (Microsoft Word Format) must be submitted lIS part of the appIkation. ---~ --- MAPeYU1,- 1200 T.ehack Rd Aspen CO 81611-2528 US Notes: - PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, 3rd Roar ASPEN, COLORADO 81611 970-925-1766 I 970-925-6527 FAX May 2, 2006 LANSFAM II LLC 30 SOUTH WILLOW CT. ASPEN, CO 81611 ATTN: RE: LOT 7, MAROON CREEK CLUB - PCT20090L4 Pitkin County Title, Inc. is pleased to provide you with the owners policy along with the following endorsements relative to the above mentioned file: Endorsement Form Endorsement Form Endorsement Form Endorsement Form Endorsement Form Endorsement Form Please review the policy in its entirety. We at Pitkin County Title, Inc. believe in providing you, our customer, with a quality product which will serve your needs. In the event you do find a discrepancy, or if you have any questions or comments regarding your final policy, please contact us and we will gladly handle any request you may have as efficiently and quickly as possible. We have assigned the above number to your records to assure prompt processing of future title orders involving the property. If you sell or obtain a loan on this property within 5 years, ask your broker or agent to contact our office to ensure re-issue rates which may be available to you. Thank you very much for giving Pitkin County Title, Inc. the opportunity to serve you. Sincerely, ~ Vincent J. Higens President Vh Enclosures: OWNER'S POLICY OF TITLE INSURANCE Issued by Lawyers Title Insurance Corporation POUCY NUMBER n LandAmerica _ Lawyers Title lBWl"'S TlIe Insloance ~ is. member of the LarxIAnIlri;a family ofli/le inslnnce ~Jt._lefs. A75-Z041032 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONOlTlONS AI<<) STIPUlATIONS. LAWYERS TITLE INSURANCE CORPORATION. a VirginIa corporation. herein called the Company, Insures. as of Dale of Poley _ in Schedule A. againsIloss or damage. not exceeding the Amount of Insurance staled in Schedule A, ~ or incuned by the instA'ed by reason ot. 1. Title 10 the estate or interest desClibed in Schedule A being vested other than as staled therein; 2. My delect in or Ien or encumbranCe on the tiUe: 3. Urvnarl<eIabiIiIy of the tide; 4. Lack of a right of access 10 and from the land. The Company ... also pay the costs. attorneys' fees and _ incufTed in delense of the tide, as insured. but only to the extenl provided in the Conditions and ~ IN WITNESS WHEREOF. LAWYERS TITLE INSURANCE CORPORATION has caused its corporale name and seal 10 be hereunlo affixed by its duly authorized officers. the Poley 10 become valid when countersigned by an authorized officer or agent of the Company. LAWYERS TITLE INSURANCE CORPORATION Attest: --........................" .:=-~ \"$UR"NC;\\~ f'::-~.""--"":::('Q I~/'.? --- "\,'f. ~:lS-E:A:tj~ By:....A ./ . ~ ~'" "A II ~. I-I 7~ q,.... ~\ 1125 /~.s President ...",,-- ../.#' ~...../ ~~------ EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from' the coverage of this policy and the Company will not pay loss or damage. costs, attomeys' fees or expenses which arise by reason at. 1. (a) My law. ordinance or govemmental regulation flnCluding but not Iimlled 10 building and zoning laws. ordinaoces. or regulations) restricting. reguIaling. poollibiliug or reIaling 10 (i) the occupancy. use, or enjoyment of the land; fn) the character. dimensions or kx:ation of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of whicl1 the land is or was a part; or flV) environmental protection. or the effect of any violation of these laws. ocdi_.....es or govema.e..taI regulations. except to the extent that a notice of the e.lbcemel It thereof or a notice of a defect. tien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the pubflC records at Date of Policy. (b) Any peHNne,daI police power not excluded by (a) above. except to the extent that a notice of the exercise thereof or a notice of a defect. lien or encumbrance resulting from a viotation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminenl_ unless .- of the exercise thereol has been recorded in the public reconls al Date of Policy. but nol excluding from coverage any laking whicl1 has occurred prior 10 Dale 01 PolIcy which would be binding on the rights of a pun:haser for value without knowledge. 3. Defects. Dens. encumbrances. adverse claims Of other matters: (8) aeated. suffered. assumed or agreed 10 by the insured cIaiman'; (b) not known to the Company. not recorded in the public records at Date 01 Policy. but known 10 the insured cfaimanl and not disclosed in writing 10 1he Company by the insured cfaimanl prior to the date the insured cfaimanl became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attacting or created subsequent 10 Date of Policy; or (e) resulting in loss or damage which would not have been sustained ff the insured claimant had paid vatue for the estate or inleresl insured by this poIlcy. 4. MY claim. which arises out of the transaCtion vesting in the Insured the estate or inlerest insured by this policy. by reason of the operation of federal bankruptcy. stale insoNency. or _liar creditors' rights laws. thai is based on: (a) the b"'-. creating the esIale or inlerest insured by this policy being deemed a Iraudutenl conveyance or fraudulent transfer; or (b) the transaclion creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: Q) 10 timely record the instrument 01 transfer: or Oil of such recordation to impart notice to a purchaser for value or a judgment or fien creditor. NM 1 PA 10 AL TA OWne(s PolIcy (10117/92) Form 1190-74Z ORIGINAL Valid Only II Schedules A and B are Attached , , ','-"" OF ASPEN "'iI'IETT PAID O~ AEP NO. iriO~ NUf 24/'1.1(:;>' I ~ITY ~ -.sP'EN HRE'TT PAlO DATE ReP 1'lO. '-iliu~ tJ)A{ gt,qq..1... Documentary Fee $ 245.00 SPECIAL WARRANTY DEED THIS DEED. Made April 3, 2006 between MAROON CLUB LOT 7 HOUSE LLC A COLORADO LIMITED LIABILITY COMPANY of the County of PITKIN and State of CO. of the first part, GRANTOR and LANSFAM \I LLC, A COLORADO LIMITED LIABILITY COMPANY whose legal address is: 30 SOUTH WILLOW CT, ASPEN, CO 81611 of the County of PITKIN State of CO, . ... . . of the second part. GRANTEE WITNESSETH. That the said parties of the first part, for and in consideration of the sum of Ten dollars and other good and valuable considerations, to the said parties of the first part, in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained. sold and conveyed and by these presents do grant, bargain, sell, convey and confirm unto the said parties of the second part, its successors and assigns forever, all the following described lots or parcel of land, situate. lying and being in the County of PITKIN and State of COLORADO. to wit: LOT 7, MAROON CREEK CLUB. as shown on the Final Subdivision Plat & PUD for Maroon Creek Club, recorded November 15. 1993 in Plat Book 33 at Page 4 and Amended Plat of Lot 7 recorded October 1, 2001 in Plat Book 58 at Page 70. Together with all and singular the hereditaments and appurtenances there-unto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof: and all the estate. right, tille. interest, claim and demand whatsoever. of the said parties of the first part, either in law or equity, of, in and to the above bargained premises. with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described. with the appurtenances, unto the said parties of the second part, its successors and assigns forever. Arld..the Said parties of the fllSt part for themselves, their heIrS and assigns do COIIenant, grant. bargain and agree to and with the said parties of the second part, their successors and assigns, the above bargained premises in the quiet and peaceable possession of said parties of the second part, its successors and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof. by through or under the said parties of the first part to WARRANT AND FOREVER DEFEND. The singular shall include the plural, the plural the singular, and the use of gender shall be applicable to all genders. IN WITNESS WHEREOF, the said parties of the first part have hereunto set their hand(s) and seal(s). SIGNATURES ON PAGE 2 522538 mmR DEa.ARATI~ RECEIVED 04/e3/2006 Return to: GRANTEE 1lllln~nllUlllllllnl ::~:~~~;~ ~05: JAf-IICE K vos CFltlDIlL PJTKW COUNTY co R 11.00 D 245.00 r'-"" ".-.' PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, 3rd Floor ASPEN, COLORADO 81611 970-925-1766 I 970-925-6527 FAX May 2, 2006 LANSFAM II LLC 30 SOUTH WILLOW CT. ASPEN, CO 81611 ATTN: RE: LOT 7, MAROON CREEK CLUB - PCT20090L4 Pitkin County Title. Inc. is pleased to provide you with the owners policy along with the following endorsements relative to the above mentioned file: Endorsement Form Endorsement Form Endorsement Form Endorsement Form Endorsement Form Endorsement Form Please review the policy in its entirety. We at Pitkin County Title, Inc. believe in providing you. our customer, with a quality product which will serve your needs. In the event you do find a discrepancy, or if you have any questions or comments regarding your final policy, please contact us and we will gladly handle any request you may have as efficiently and quickly as possible. We have assigned the above number to your records to assure prompt processing of future ti1le orders involving the property. If you sell or obtain a loan on this property wtthin 5 years, ask your broker or agent to contact our office to ensure re-issue rates which may be available to you. Thank you very much for gMng Pitkin County Tttle, Inc. the opportunity to serve you. Sincerely, ~ Vincent J. Higens President Vh Enclosures: '"" OWNER'S POLICY OF TITLE INSURANCE Issued by Lawyers Title Insurance Corporation POUCY NUMBER ~ LandAmerica _ Lawyers Title !./lw)ofS Tille """'""'" CotporaIioo is B member of /he L_fanilyofllle~"de.- A75-Z041032 SUBJECT TO THE EXClUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDlllONS ANI) STlI'lJlATIONS. LAWYERS TITLE INSURANCE CORPORATION, a VwgInia eo<pOr8Iion. herein called the Company, insures, as 01 Dale 01 Policy shown In Schedule A. against loss or damage, not exceeding the Amount 01 Insurance slated in Schedule A. sustained or incurred by 1he insuIed by reason ot. 1. Tille to the esl8Ie or _ desaibed in Schedule A being vested other than as slated therein; 2. Any delect in or lien or 8IlCIB1lbrance on the tiIle; 3. Unmart<etabifily 01 the tilIe; 4. ~ 01 a right 01 access to and from the land. The Company wiI also pay the COSIS, attorneys' lees and expenses incurred in defense 01 the _. as insured. but only to the extent provided in the Conditions and S~. IN WITNESS WHEREOF. LAWYERS TITLE INSURANCE CORPORATION has caused its corporate name and seal to be hereunto affixed by tts duly authorized oIficefs, the Policy to become valid when countersigned by an authorized officer or agent of the Company. LAWYERS TITLE INSURANCE CORPORATION Attest: ..........-""'~ ?-- \"SUAA.('~'~ ;':-':~''''---''''::':..t''Q"' f..i -.- \?\ B AI /.f. t1 ~(SEAf.)~l y: ~ ,,< Vl..,..v, fP... ~\ "2$ I~J _.. .,....,...,; President 'ewo.~; ~...-- EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from'the coverage of this policy and the Company will not pay loss or damage, costs. attorneys' fees or expenses which arise by reason ot 1. (a) Any law. 0I'dinance or govemmentaI regulation [lOCtuding but not Iimtted to building and zoning laws. ordinances, or regulations) le$bic.t..~. regulating. ..ohaJitktg or relating to (i) the occupancy, use, or enjoyment of the land; (n1 the character, dimensions or location of any improvement now or hereafter erected on the land; ~ii) a separation in ownership or a change in the dimensions or area of the _ or any pan:eI 01 which the land is or was a part; or [IV) environmental proteclion. or the effect of any vio/a_ of these laws. Old. .a.~ or governmental regulations. except to the extent that a notice of the et IrUl\oGlI.e..t thereof or a notice of a defect. tien or eoa.mbrance resulting from a vJoCation or alleged vk>lation affecting the land has been recorded in the puNIC records at Date of Policy. (b) Any go."'.",~.... police _ not eJ<CIuded by (a) above, except to the extent that a notice 01 the exercise thereof or a notice of a defect. lien or encumbrance resulting from a violation or afteged violation affecting the land has been recorded in the public records at Dale of Policy. 2. Rights 01 eminent domain unless notice of the exetdse thereof has been recorded in the public records at Dale of Policy, but not excluding from coverage any taking which has occurred prior to Date of PoI'lC)' which would be binding on the righls of a purchaser for value without knowledge. 3. Defects, liens. encumbrances, adverse claims or other matlers: (a) created. suffered. assumed or agreed to by the insured claimant: (b) not known to the Company. not recorded in the public records at Date of Policy. but known to the insured claimant and not disclosed in wriling to the Company by the insured daimanI prior to the date the insured daimanI became an insured under this policy: (c) resulting in no loss or damage to the insured claimant: (<I) attacI1ing or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured daimanI had paid value for the estate or interest insured by this poficy. 4. Any claim. which arises out 01 the tran5BClion vesting in the Insured the estate or interest insured by this poficy, by reason 01 the operation of _ bankruptcy. state /nsoIYenCy. or similar creditors' rights laws, that is based on: (a) the lraI_, creating the estate or interest in5ured by this poficy being deemed a fraudulent conveyance or fraudulent transfer. or (b) the transaction ~ the estate or interest in5ured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: ~) to timely record the instrument of transfer: or (ij) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. NM 1 PA 10 ALTA Owne(s Policy (10117192) Form 1190-74Z ORIGINAL Valid Only if Schedules A and B are Attached 8,' .c., ... N C '"j -------- ----- I! - Iiii"' :>- --I 0 ~m II :::J S>> ~ 3 - ~ilS en~" ~ --I ::E s::: :; n' !i~~ '" I i:U-~ r-r- ... '< '" Z g:om QIQI . -if m -= S>> CD r- ~gli?i :EJ ai '" m :::J ... :> o..o..f. ,<D. "c (') en a. - :;:tI 11))> "'- .., ... ~ Z 3<l>>:L !;~ co co CD -I - . -'< ~ ~3 . ~ 8 tf!. (")" ~~I":l! CD en en ~~ .. 0 a: 32.! S" -III) .., ':'1 =g: il;" c: ~~! .., -.... il-s ~ 0 CD '" "'tI ~"'tJ!!.. ...-. ~ 1:1 0 1:1 0 ~ _t"'l ~.~ - ... . ." b' ... <> 0 ~mm II)QI ';' ~ \"~c; iij'g .. :;b'r" ~ o' I ~~ a - ... - " 0 2- u. .t... 0 >4 '" Z ~ Y '< .. ~iI<(l~ ... - " 2. ~ ~ t!l c: S>> ~ n n " U) CIJ W t't - ~ -< c. ~:;a.~ o. m = ;r .... '" <:a ~. ~ -::!11:1 :::J 0 '" ~ - 8 !' ~ C iil .., " "TI ~ ~ s I! r-r- Qlll.l :EJ ,<D. 11))> ~3 -tll) -.... ...- _r'l 1I)ll.l C,"I;' ~l>>~ 013. i~~ ~gc -. 2." ,.~ "'- ~= ms ~<> 30 "'-& a-- c .,.0 2-= '< S!. =' crr-:E m i ED (I) o.",.:!_ CIJ.....m=r . 0....... Ql '" '" 0--1;;:00:- -.,< 3 =0 ....c ~:r0' ~.~ ;; "'=>' ,<:>0 000 c..'" ..... =i" _0<0 " 0 c-o 6" mQc... '" 0 ~ Q' Sf ~(D:::O"'tJ(){; ~(Dn'og :E ..-0 =r. tn"< ~5~mc::~ ~::J=,~3tn :E:5b.!=L~~:=1 iirg:$~~af 5. ~<Q. ~ r!!. 5' "'3m=- u;~ . '" - (-, . ""-> m o COw ::3 30,,-, 0 0", .. ....~ 0 ..... 0 "'..... - ~~ 15 0..... - 0> !!!. '" -. o '" ",08"" :::!. 3; < "< ('DOmO .. CD ..... C s:~ =r ",..", - < -."C CD "'-.0 "'0" ffi ::$:. CD o.5l-~ _ 0.0 =>' :> cncrtn '0'<0> o 0' 62:g ~tn= o"C c; ..... Q..m 'C5~'5. s= -_ 5 ~'8CD=' Q)-Ql= =O.-CD Q)"<Co-. CT <n'" m5"2r~ O"matD) - -:> _(1)='0 CQl(6<D C CD' (I)-C CD-o 3' 0 ..... - CD < ~~aO: ~ CD' m "",:E- 5=rmQ ~~~s: .. <0 .. ;:;:~-g a!e.g, '" '< .. '" ~ <> -I ::I: )> :z: ~ -< o c: .....' \.. ./ , POLICY NO. A75-Z041032 CASE NO. PCT20090L4 SCHEDULE B-OWNERS -EXCEPTIONS-CONTINUED- 14. Terms, conditions, provisions and obligations as set forth in Trench, Conduit and Vault Agreement with Holy Cross Electric Association. Inc., recorded July 11, 1994 in Book 755 at Page 55. 15. Terms, conditions, provisions, obligations and aU matters as set forth in Resolution 01 the Board of County Commissionefs recorded August 28. 1995 in Book 791 at Page 821 as Resolution No. 95-128. 16. Terms, conditions, provisions, obUgations and aU matters as set forth in Ordinance No. 33 and 34, Series of 1996 by City Council of the City of Aspen recorded February 21, 1997 as Reception No. 401985. 17. Terms, conditions. provisions, obligations and all matters as set forth in Ordinance No. 40. Series of 1996 by Aspen City Council recorded April 8, 1997 as Reception No. 403224 and re-recorded May 15, 1997 as Reception No. 404428. 18. Terms, conditions, provisions and obligations as set forth in Rule and Order recorded December 7,1998 as Reception No. 425224. 19. Terms, conditions, provisions and obligations as set forth in Amended Rule and Order recorded February 17,1999 as Reception No. 427970. 20. Terms, conditions, provisions and obligations as set forth in Corrected Amended Rule and Order recorded May 10, 1999 as Reception No. 430872. 21. Terms. conditions, provisions and obligations as set forth in Easement recorded July 13, 2000 as Reception No. 444995. 22. Deed of Trust from : LANSFAM II LLC, A COLORADO LIMITED LIABILITY COMPANY To the Public Trustee of the County of PITKIN For the use of : ALPINE BANK Original Amount : $1.837,500.00 Dated : April 3, 2006 Recorded : April 3, 2006 Reception No. : 522539 EXCEPTIONS NUMBERED 1, 2 .3 AND 4 ARE HEREBY OMITTED , ..""",,- \, , SCHEDULE B-OWNERS CASE NUMBER PCT20090L4 DATE OF POLICY April 3, 2006 @ 4:07 PM POLICY NUMBER A75-Z041032 THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records, 3. Discrepancies, conflicts in boundary tines. shortage in area, encroachments, any facts which a correct survey and inspection 01 the premises would disclose and which are not shown by the pubUc records. 4. Any tien, or right to a lien, for services. labor, or material heretofore or hereafter furnished. imposed by law and not shown by the pubUc records. 5. Water rights, claims or title to water. 6. Taxes for the year 2006 not ~t due or payable. 7. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penelIate or intersect the premises hereby granted as reserved in United States Patent August 26. 1911 in Book 55 at Page 191. 8. Easements, rights of way and all matters as disclosed on Plat of subject property recorded November 15. 1993 in Plat Book 33 at Page 4 and Amended Sheet 2 recorded March 31, 1994 in Plat Book 34 at Page 23 and Assignment of Plat to Maroon Creek Umited Liability Company recorded February 17, 1994 in Book 742 at Page 117 and 121 and Amended Plat of Lot 7 recorded October 1. 2001 in Plat Book 58 at Page 70. 9. Those terms, conditions, provisions. obligations, easements, restrictions, assessments and aU 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 FlI'st Amendment thereto recorded February 17. 1994 in Book 742 at Page 83, Assignment and Designation of Successor Declarant for Maroon Creek Club recorded May 11, 1994 in Book 750 at Page 242. Second Amendment thereto recorded June 8, 1994 in Book 752 at Page 754 and Amended and Restated Third Amendment thereto recorded July 26, 1994 in Book 756 at Page 597, Fourth Amendment thereto recorded July 26, 1994 as Reception No. 396947, and Agreement recorded September 22,1999 as Reception No. 435797, deleting therefrom any restrictions indicating any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin. 10. Terms, conditions, provisions, obrlg8tions and all matters as set forth in Subdivision Improvements Agreement recorded November 12. 1993 in Book 730 at Page 606 and Amendment thereto recorded March 10, 2000 as Reception No. 441279. 11. Terms, conditions. provisions, obligations and aU matters as set forth in Final Plat Resolution of the Board of County Commissioners recorded August 13. 1993 in Book 721 at Page 245 as Resolution No. 93-104. 12. Avigation Easement granted to Pitkin County recorded November 12, 1993 in Book 730 at Page 690. 13. Terms. conditions. provisions and obligations of Water Service Agreement between The City of Aspen and Pearce Equities Group II, Umited Liability Company. a Utah Umited Liability Company, recorded November 15. 1993 in Book 730 at Page 797, Assignment and Assumption Agreement recorded January 7, 1994 in Book 737 at Page 899 and Amended Assignment and Assumption Agreement recorded April 11, 1994 in Book 747 at Page 191. (Continued) - ,.-, , Countersigned: Authorized officer or agent PITKIN COUNTY TITLE, INC. 601 E. HOPKINS AVE. ASPEN. COLORADO 81611 (970) 925-1766/(970)-925-6527 FAX THE POLICY NUMBER SHOWN ON THIS SCHEDULE MUST AGnEE WITH THE PREPRINTED NUMBER: ON THE COVER SHFFT. , .-... ...... CITY 0;:: ASPEN '"IRETT PAlD DATE AeP t-lO. '11*<" tJ)A;{ f,,,'1q,J.. SPECIAL WARRANTY DEED '" "., ',n.' Of ASPEN !1\IJI\ElT PAID DAT? AEP NO. i/:HOY IIU:f h4t(,;:. I Documentary Fee $ 245.00 THIS DEED. Made April 3. 2006 between MAROON CLUB LOT 7 HOUSE LLC A COLORADO LIMITED LIABILITY COMPANY of the County of PITKIN and State of CO, of the first part, GRANTOR and LANSFAM II LLC, A COLORADO LIMITED LIABILITY COMPANY whose legal address is: 30 SOUTH WILLOW CT, ASPEN, CO 81611 of the County of PITKIN State of CO, ." . . of the second part, GRANTEE WITNESSETH, That the said parties Of the first part, for and in consideration of the sum of Ten dollars and other good and valuable considerations, to the said parties of the first part, in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed and by these presents do grant, bargain. sell, convey and confirm unto the said parties of the second part, its successors and assigns forever, aU the following described lots or parcel of land, situate. lying and being in the County of PITKIN and State of COLORADO, to wit LOT 7, MAROON CREEK CLUB, as shown on the Final Subdivision Plat & PUD for Maroon Creek Club, recorded November 15, 1993 in Plat Book 33 at Page 4 and Amended Plat of lot 7 recorded October 1, 2001 in Plat Book 58 at Page 70. Together with all and singular the hereditaments and appurtenances there-unto belonging. or in anywise appertaining, and the reversion and reversions, remainder and remainders. rents. issues and profits thereof: and aU the estate, right, tille. interest. claim and demand whatsoever. of the said parties of the first part, either in law or equity, of, in and to the above bargained premises. with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and descri~, with the appurtenances, unto the said parties of the second part, its successors and assigns forever. And the Said parties of the fIrSt part for themsetves. their heirS and assigns do covenan!. grant, bargain and agree 'to- and with the said parties of the second part, their successors and assigns, the above bargained premise"in the quiet and peaceable possession of said parties of the second part, its successors and assigns, against all and every person or persons lawfully claiming or to claim the whole or My part thereof. by through or under the said parties of t~:e first part to WARRANT AND FOREVER DEFEND. The singular shall include the plural. the plural the singular. and the use of gender shall be applicable to all genders. IN WITNESS WHEREOF, the said parties of the first part have hereunto set their hand(s) and seal(s). SIGNATURES ON PAGE 2 522538 TRlfmR DEa.ARATION RECEIVED 84/03/2006 Return to: GRANTEE 111111 n ~IIIU 11111 ~n~ ::~:~~~~~ ~ 0S; JRNICE K vas CAUDILL PYTICHJ COUNTY CO R 11.00 0245.00 '" v :) CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT &.. ~"ferP.._..orCdv"'~-a.. I . ...-..U- Fees CITYOFASPEN~CITY)md I FON/!,Kt;) LAN~~l.t~G-H ~ APPUCANl) AGREE AS FOLLOWS: 1. APPUCANT bas submiUed to CITY an ~hon for :L.xlli>."TAIIJ:,41 VLJHI/J~l) U"'J:, '\)"'IIEL-o?N\E /J. T C PUb} AMr;/>JbN\.fDoJ T ~, TIlEPROJECI). 2. APPUCANT undt.~ and agrees 1bat City of Aspen o..liuou.... No. 57 (Series of 2000) eslablisbcs a fee _ fOl' Land u..c appIicaIions and the payIIICd of aII....-. --~.g fees is a condition .........cL.I to a detamioaIioo of application Co.., .. ...,.,.... 3. APPUCANT md CITY agn:e 1bat because of the siD; oalure or scope of the JlI'lIl<lO"d project, it is _ possible at Ibis tilDo to ........toW the full extent of 1be costs involved in 1"'- '.g the application. APPUCANT and CITY fudbcr agn:e tbat it is in the ink::n::st of the pmies 1bat APPUCANT make paymcot of an initial deposit md to _ p<2Dt addiliooal ~ to be biIJed to APPUCANT on a montbIy basis. APPUCANT agrees additional ~ may accrue following Ibeir bearmgs aodIoc approvals. APPUCANT agrees be will be Ivnditr.I by n:laining gn:aIer cash liquidity md will make ~Id"""" paymads upon notilication by the CITY _!hey are necessary as ~ ..., iD:1Ued. CITY agrees it will be benefited 1hrough the gn:ater certainty of recovmng ils full ~ to process APPUCANT'S application. 4_ CITY and APPUCANT fudbcr agn:e 1bat it is .............ti...dJle for CITY 5laIf to .........1ete ~ or preseol sufficimt infOlJllllion 10 the Planning c.......;".;" and/or City Council to enable the PIaoning Commission and/or City Couocillo mote legally n:quired findings for project consideration, uoIess cunmt biJIings are paid in full prior to decision. 5. Therefore, APPUCANT agrees 1bat in consideration of 1be CITY's waiver of ils right to coUect full fees prior to a detamioaIioo of application c_~.- - -.., APPUCANT shall pay an ioitial deposit ill the aIJIOIId ofS wbich is for hours of ('..........ity Devel<>plllCd 5laIf tilDo, md if actual recorded ~ esceed the initial deposit, APPUCANT shall pay additional monlhIy biJIings 10 CITY 10 reinDJI'!le the CITY for the ...' ;,q; of1be""""""" mcdioned above, iDcIudiDg post _m review at a tale of$220.00 per plaooer hour over the initial deposit. Such periodic paymads shall be IDIIde wilhin 30 days of the billing date. APPUCANT fia1her agrees 1bat liUIun: to pay such aa:ruod ~ shall be pounds for "''1u''~~ of pi"" . ."'_ and in no case will building permits be issued until all ~ associated wilh case ~'1g have been paid. CITY OF ASPEN APPLICANT By: By: LR~~~~ CUis-.. C__.may &..... IUJI.e.. Director Date: BiD To MaiIi-c Address aad T..... .... Nluober. C:"~yas.dec 0210111I6 3.0 SC~\\-\ W...u.olol Ccl..\.RT AS?~IJ, (j) 91~11 5;41../-01.{00 RETAIN FOR PERMANENT IU:CORD - ,.....".,. ,.~ \" " ATTACHMENT2-LAND USE APPlICATION API'UCANT: Name: L Lo. 7 te Location: Parcel ID # ItI:PIlEsENTATIVI:: Name: Address: Phone #: DOlAb- R~R. )\.i1:Qu.,-e:o: P. G., H 5 ow,", { [,0 PROJECT: I- =: M~""" {Re<X L~, '17. -q2"7 -l7eO TYPi: OF APPUCA'IlON: (ple3se check aIl1hat apply): LOT '/ D Conditional Use D Conceptual PUD D Conceptnal Historic Devt. D Special Review J&. Final POD (& PUD Amendment) D Final Historic Development D Design Review Appeal D Conceptual SPA D Minor Historic Devt. D GMQS Allotm:nt D Final SPA(& SPA Arnendment) D Historic Demolition D GMQS Ex""",ion D Subdivision D Historic Designation D ESA - 8046 GreenIin<; Stream D Subdivision Exemption (includes D Small Lodge Conversion! MaIgin, Hallam Lake Bluff, condominiumization) Expansion Mountain VIeW Plane D Lot Split D Temporary Use D Otber: D Lot Line Ad' t D TextlMao Amendment ExJs11NG CONDDlONS: desc' . on of .. buildin U"'DEVEl-o['>ct> LA"O . PRoPOSAL: 'on of b.' uses. modifications, etc.) Am€l\J1) Tttf ""\1'..1"10 01" \fiE. DEvE.\..O\',v\et-.\\ E'N.VEl..oyE Yo,.. 1...6l, 7 ;Y}p,i'ca\J Ci?E:EK ~ No NeT rN<..Rl;;Ase; J:M III'" AREA "'Folic.: 13ULI.."iO'-lG' c/>JvELci:>C Haw yo. aUadled tile fiJIIo1OiJlg? FEEs DuE: S @ Pre-AppliC3tion Coofi=1re SUIIIIIJ3I}' ~ Aaachment #1, Signed Fee Agreenr1lt ,,\.g Response to A""m........t #3, Dimensiooal Requirements Form o Response to AUadunmt #4, Submittal Requirements- Including Written RespQnses to Review Standards AD pIaJIs tIIat are Ju:a' thaa 8.5" I 11" mast be folded and " Doppy disk witJl Ul eIednmic copy of aD wriItea _ (Microsoft Word F_) must be submiUed as part oftbe .........tioIL RETAIN FOR PERII.\NEKT ft!COfU) - """ "",,,# Doug Rager, Architect P.C. 1780 Snowmass Creek Road Snowmass, CO 81654 970-927-1780 phone & fax Doug@DougRagerArchitect.com July 17, 2006 City of Aspen PROJECT: Lot 7, Maroon Creek Club PARCEL ID#: 2753511 lYPE OF APPLICATION: 1nsubstmtial Planned Unit Development (POO) Amendment DESCRIPTION: The prospective Applicant would like to amend the shape of the development envelope for Lot 7 of the Maroon Creek Club Subdivision and PUD with no net increase in the area of the envelope. The lot is part ofa Planned Unit Development (PUD) and PUD Amendment approval is required to modify the PUD and allow the alteration of the development envelope. Approval to apply for the amendment shall be \.sL. provided by the Homeowners Association.-s~\ led-. CX\... ~lctt;" ~'12-- In-T1 1. A change in the use or character of the development. No change is to be made in the use or character of the development. 2. An increase by greater than three (3) percent in the overall coverage of structures on the land. There is currently are no structures. 3. Any amendment that substantially increases trip generation rates of the proposed development, or the demand for public facilities. This proposed change does not affect the trip generation rates or the demand for public facilities. 4. A reduction by greater than three (3) percent of the approved open space. There will be no net change in the area for open space. 5. A reduction by greater than one (1) per-cent of the off-street parking and loading space. There currently is no parking or loading space as it is undeveloped kmd. 6. A reduction in required pavement widths or rights-of-way for streets and easements. The proposed change will not affect any right of ways or pavement widths. This change allows the driveway to enter from the south end of the lot instead of the north end of the lot running along Tieback Road. 7. An increase of greater than two (2) percent in the approved gross leasable floor area of commercial buildings. This is a undeveloped residential property which does not apply. 1 ---- --, "'" ,# 8. An increase by greater than one (1) percent in the approved residential density of the development. This will not increase the residential density of the Maroon Creek Club development. 9. Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting a variation from the project's approved use or dimensional requirements. This change does not affect the approved use or dimensional requirements of the original approval. There is no net change in the area of the building envelope. The envelope is amended to allow the access of the driveway to enter from the south end of the lot instead of the north end of the lot rulUling along Tieback Road. ~~ Doug Rager 2 ...... 1200 T.ehack Rd AspenCO 81611-2528 US ~--" "' - ....-""" --- - eov -- $11,..11I tAt * ~ I . . 100m 1lI._ I ;>> J ts J fT- ,./' , I Go",r_a - ~ ....... .....1 EOo""'''''''''____r"'t!O<P jX ClL !! ,A" H,j [I ;;] D .&J &. ~:J1> II, ~ ~ I!- "' ~ ~ St"ICif"CJ z. P(llrrMl:l~ion '" ~ z i p'tJIJ.l1gaueuer;~~" Sl~~-----' MastefPtflTilI ,,;J ~,"",r-~-~---~-~ j DMCli!Xion ~. 4# .,j Appiod ^""""'" ,",", ''''1 .21 E.." jii,,;;oo;-j o~' l<<$tN4Ille ~~-----.siJ FiltIName[LEONAAO Phon& fS7015UOOXl '90wnerl!~? """"" 1Ml NMle j~GH-"~--~~--~-' iJ Ful N_ ![EONAfn5~----. f3Us-W1LL5~rcr--'- c----- II'ASPEN CO 91621 Phone j19701S44.ooJO Gmt il: X_ If S WILLOW CT ; SPEN CO 81621 lMtNMlIe F~$\Niillre ""'" .. Re.:OId5of'3