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pitkin.planning.273503200020, 273503200021 (2008)
DOCUMENT LAYOUT THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION LISTED BELOW IN THE FOLLOWING ORDER Summary Sheet Resolution for the BOCC and/or P&Z Ordinance for the BOCC and/or P&Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat(s) Parcel ID: 2735-03-2-00-020 Application Date: 10/22/08 Case No: P125-08 Description: JVhite/Shapiro Subdivision Exemption for a Lot Line Adjustment and Minor 4mendment to a Development Permit Project Address: 39 POLECAT DR, ASPEN, CO 81611 Property Owner: WHITE - SHAPIRO, ANDREW Owner's REP: JULIE HANSON REP's Email: jhanson@beattiechadwick.com Address: 0039 POLECAT LN ASPEN, CO 81611 Planner: Mike Kraemer # Copies: 2 Allocated Hours: 7 Over Hours: 8.4 Owner Phone: Address: 932 COOPER AVE REP's Phone: (970) 945-8659 GLENWOOD SPRINGS, CO 81601 Referrals: ZONING REFERRAL Other Referrals: Buttermilk Metro District 12/12/08 ALL OTHER REFERRALS Comments Due Date: 12/05/2008 Meetings: 7st Meeting: 2nd Meeting: Meeting Date: Review Body: admin Public Hearing? no Notice Date: Meeting Notes: app to rep & refer 11/3/OS//bj 3rd Meeting: Approvals: BOCC Resolution #: P&Z. Determination #: BOCC Ordinance #: HO Determination #: Admin Determination #: 003-2009 #555809 Other Information: VR Approval Date: Plat Recorded Date: 03/26/2009 VR Expires Date: Plat (Bk, PG): 690 P72 #557547 Remarks: no vesting Application Type: Minor Amendment to a Development Permit Lot Line Adjustment Subdivision Exemption Pa rce I I D: 2735-03-2-00-021 Description: Application Date: 10/22/08 White/Shapiro Subdivision Exemption for a Lot Line ~4djustment and Minor Amendment to a Development Permit Project Address: 39 POLECAT DR, ASPEN, CO 81611 Case No: P125-08 Planner: Mike Kraemer # Copies: 2 Allocated Hours: 7 Over Hours: 8.4 Property Owner: WHITE - SHAPIRO, ANDREW Address: 0039 POLECAT LN Owner Phone: ASPEN, CO 81611 Owner's REP: JULIE HANSON Address: 932 COOPER AVE REP's Phone: (970) 945-8659 GLE=NWOOD SPRINGS, CO 81601 REP's Email: jhanson@beattiechadwick.com Referrals: ZONING REFERRAL Other Referrals: Buttermilk Metro District 12/12/08 ALL OTHER REFERRALS Comments Due Date: 12105/2008 Meetings: 1st Meeting: Meeting Date: Review Body: admin Public Hearing? no Notice Date: Meeting Notes: app to rep 8 refer 11/3/08//bj 2nd Meeting: 3rd Meeting: Approvals: BOCC Resolution #: P&2'. Determination #: BOCC Ordinance #: HO Determination # Admin Determination #: 003-2009 #555809 Other Information: VR Approval Date: Plat Recorded Date: 03/26/2009 VR Expires Date: Plat (Bk, PG): 690 P72 #557547 Remarks: no vesting Application Type: Minor Amendment to a Development Permit Lot Line Adjustment Subdivision Exemption ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DH2ECTOR OF P1TKIN COUNTY COLORADO APPROVING THE 39 POLECAT LLC/SHAPII20 SUBDIVISION EXEMPTION FOR A LOT LINE ADNSTMENT AND MINOR AMENDMENT TO A DEVELOPMENT PERMIT Administrative Decision No.~-2009 RECITALS 39 Polecat LLC and Andrew and Nancy Shapiro (hereafter, "Applicants") have applied to the Community Development Director of Pitkin County, Colorado for a Subdivision Exemption for a Lot Line Adjustment and minor amendment to a development permit. The request proposes to adjust the lot lines between the two Lots in order to accommodate a large single family residence. The lot line adjustment will not increase nor decrease the size of the Lots but will only swap land (approximately 53,103 square feet of lot size). The Applicant also proposes to amend a previously approved building envelope for construction of the residence. The parcels are zoned AR-10. The 39 Polecat LLC Lot is generally described as Lot ]0 of the Aspen Oaks Subdivision (PID #: 2735-032-00-021) and Shapiro is generally described as Lot 9 of the Aspen Oaks Subdivision (PID #: 2735-032-00-020). Legal Descriptions -Attachment A. The subject parcel is located within the non-B000 approved Aspen Oaks Subdivision. Protective Covenants (Book 267, Page 285 and Book 277, Page 405) restrict development within a designated "common azea" for the subdivision. Hearing Officer Determination No. 07-2005 granted 1041 approval for a building envelope west of Aspen Oaks Drive; however, I3000 Resolution No. 150- 2005 overturned this approval. Most recently, a 1041 Hazard review was approved pursuant to Administrative Decision 52-2006 (Reception No. 525218). 4. The Director finds that the proposed Lot Line Adjustment complies with applicable standards of the Land Use Code found at Subsection 2-30-20(g)(4) and the requirement for a minor amendment to a development permit. The proposal does not create a new pazcel or lot or alter the size of the Lot. The proposed adjustment of the building envelope does not encroach into any constrained areas as defined by Chapter 7 of the Code, or violate any standard in Subsection 2- 20-150(b) of the Code. THE DIRECTOR DOES HEREBY APPROVE the 39 Polecat LLC/Shapiro Subdivision Exemption for a Lot Line Adjustment and Minor amendment to a Development Permit requests subject to the following conditions: 1. Applicants shall adhere to all material representations made in the application. 2. Prior to submission of any future Building Permit applications, Applicants shall prepare, and submit to Community Development for review and recordation, a lot line adjustment plat for the two properties depicting the amended envelope consistent with the requirements of the Land Use Application Manual as outlined in section 2.1.13. 3. Prior to submission of a building permit, the Applicant shall work with the Buttermilk Metro District to reasonably address impacts to Aspen Oaks Drive. Pictures depicting existing conditions of the Drive and the area proposed for the auto court shall accompany the building permit submittal set. A letter from the District approving the permit set shall also be submitted at the time of building permit submittal If a letter of approval is not obtained from the District at RECEPTION#: 555809, 0 111 612 0 0 9 at Page I ojl 12:34:21 PM, t of 3, R $0.00 Doc Code ADMIN DECISION Janice K. Vos Caudill, Pitkin County, CO 03 - z~c~ ~ the time of building permit submittal, the building permit may be submitted and Community Development Director and County Engineer shall evaluate if impacts to the Drive have been reasonably addressed. The Director may also employ a third party, at t}ie Applicant's expense, to determine if impacts to the Drive aze reasonably addressed. 4. Failure to comply with the conditions of this approval may result in revocation of this approval, or any subsequent permit(s) or approval(s) related to either or both of the properties, or vested rights associated with either or both of the properties. APPROVED: 'nd ouben Community Development Director Date: I ~ (3 2009 ~, Case: P125-08 PID#2735-032-00-020 and 2735-032-00-021 Page 2 ojl Attachment A Legal Descriptions 39 Polecat LLC SUB:ASPEN OAKS LOT:10 ~SECT,TWN,RNG:3-10-85 DESC: A PARCEL IIN NW4SW4 & LOT 19 SEC 3-10-85 CONT 5.029 AC M/L DESC BY M/B BK 297 PG BK 427 PG I 1 Shapiro ':SUB:ASPEN OAKS LOT:9 CT,TWN,RNG:3-10-85 DESC: A PARCEL ---------------------------- NE4SW4 & LOT 19 SEC 3-10-85 CONT AC DESC BY M/B / ~ --- ~ -- - ~ - -~ - j I Sr ~~ YGC F~ PROPANE ~1 TAIJK HOUSE NN WMMCN AREA i _ I ~~ FULL RETLEMENT AGREEMENT AN- ~ ~ ' / ~/ LEASE RECEPTINN ND. 481~SBS ~ ~.. i -' callracRx ~ _ --~ weal --" -- ~. ~ \~ ~ GRAVEL PARKING ~ i~i ~ \ B ~ ,~ ~ \ \ /i i // F ~1~3- n~r,x ; 30' EASEMENT PIER E%HIEIT W -~ -~__~-~E~ - -- __P- SCAT DRI VE----- A~A' 'W 0 cm E c ~rvN ~nrv E6 _ ` ~u~i u~i ~ "_ 3 °.o ~ c 3 E E Q ~'-~`~' o~ J ao w~ O JW a d na ISS oEs ..~,~, oa.w Eo, .. ~~ one Eo oom REVISIONS SITE PLAN 0781 AS101 / /, ~ / ~ % . {\ ~ T ~~ .. f 1_ sxAPrxo i ,i v ,\v` y~\~~ .~;~, ~~ i LOT 9 ~~~- ~ -~~ ~ ~ ~ ~~\~ `' ~. ii ~ ; \ ' / i R ~ // i i / - ~ // ~ \ \ \\\ \ ~ \ \ ~., j . '. ~ , ~ ~- .., I ~ ~\ ~V ~ ~~~. I ', o ~ \;` I ;~ ,~ ~~ ~~ A ~-: Al SJSE`PLAN ~'' _ -_- ~ •\~ `, \\ ~, ~~ \ '~ \ ; I ~ ,~ \ ~ ~~ /,;~ i i =, ~~/ ~ i // PITKIN COUNTY PRE-APPLICATION CONFERENCE SUMMARY LOCATION: Aspen Oaks Subdivision ZONE: AR-10 Lot 10, 39 Polecat Lane (White) PARCEL ID #'s: Lot 9, 288 Aspen Oak Drive (Shapiro) 2735-032-00-021(White I 2735-032-00-020 (Shapiro) APPLICANT/OWNER: White/Shapiro REPRENTATIVE: Julie Hanson PHONE and E-MAIL: 945.8659 j hanson(a~beattiechadwick.c om PLANNER: Mike Kraemer PHONE and EMAIL: 970-920-5482 michaelk@co.pitkin.co.us DATE: Apri13Q, 2008 Type of Application: Subdivision Exemption for a Lot Line Adjustment and Minor Amendment to a Development Permit. Description of Project/Development: Applicant proposes to adjust a lot line for two adjacent Lots and amend a vested 1041 building envelope. Pitkin County Land Use Code: • Sec. 2-30-20(8)4: Lot Line Adjustment; • Sec. 2-20-150: Minor Amendments to a Development Permit • Sec. 7-20-20: Steep and Potentially Unstable Slopes; Review By: Community Development Director. Public Hearing? NO. Staff Will Refer Application To: Zoning. P~ ~e,,, ~~1C 1`~2-bo u~S~~ FEES: $1,771 (make check payable to "Pitkin County Treasurer") • Planning Office flat fee: $1,746 (non-refundable; based on 7 hours of staff time (4 hours for a lot line adjustment and 3 hours for a minor amendment to a development permit); if staff review time exceeds 8.4 hours, the Applicant will be chazged for additional time above 7 hours at a rate of $249/hour) o Web Technology Fee: $25 To apply, submit the Fee specified above and 2 copies of each of the following documents, unless otherwise noted: 1. Summary letter explaining the request and addressing compliance with the Code sections listed above; 2. 24" by 36" and 1 l" by 17" Subdivision Exemption Plat as designated in Section 2.1.13 and Site Plan designated in section 2.1.12 of the Pitkin County Land Use Application Manual; 3. Proof of ownership of subject properties; 4. Documentation of legality of parcel; 5. Summary of previous land use approvals; 6. Pazcel descriptions, including legal description and vicinity map; 7. Total fee for review of the application; 8. Signed fee agreement (1 copy); 9. Consent from owner(s) to process application and authorizing the representative, if applicable (1 copy); 10. Copies of this pre-app form NOTES: - PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COPY OF YOUR COMPLETE APPLICATION PLL;ASE SUBMIT TWO-SIDED COPIES OF ALL REMAINING COPIES OF YOUR APPLICATION (IF POSSIBLE). PAR INCLUDED IN YOUR APPLICATION. P8TC01 ID #'S: - The Pitkin County Land Use Code is available on-line at www.asaenaitkin.com. 2735-032-00-021 (White) 2735-032-00-0LO (Shapiro) 000001 c~ z~ T/:is Pre-Application Conference Summary Sheet is advisory in nature and not binding on the County. The informalon provided in this Summary Sheet is based on current coning standards and the staff's interpretations based upon representations ojthe applicant. Additional information may be required upon a complete review of the application and site visit(s). ~Q(~~Q~ J ~9EA'FTIE, CHADWICK & HOUPT, LLP ATTORNEYS AND COUNSELORS AT LAW 932 COOPER AVENUE GLENWOOD SPRINGS, CO 81801 STEVEN M. BEATTIE GLENN D. CHADWICK JEFFERSON V. HOUPT JULIE S. HANSON JAMIE ROTH October 21, 2008 Pitkin County Community Development Attn: Mike Kraemer 130 S. Galena Street Aspen, CO 81611 TELEPHONE: 970945.8859 FAX: 970945.8871 JHAN30N~BEATTIECNADW ICK.COM Re: Subdivision Exemption for a Lot Line Adjustment and Minor Amendment Mike: As you may remember, this firm represents 39 Polecat, LLC ("Polecat"). Polecat is the owner of Lot 10 of the Aspen Oaks Subdivision, also known as 39 Polecat Drive, Parcel Number 2735-032-00-021. LOT LINE ADNSTMENT Andrew and Nancy Shapiro (the "Shapiros") own adjoining Lot 9 of the Aspen Oaks Subdivision, also known as 288 Aspen Oak Drive, Parcel Number 2735-032-00-020 (the "Shapiro Property"). Polecat and the Shapiros desire to adjust the lot lines for these two adjacent lots. Compliance with § 2-30-20(gl(4) of the Pitkin County Land Use Code• a. This adjustment does not create more than two (2) lots, the original number of lots or parcels. b. The purpose of the adjustment is not the creation of a new lot or parcel, nor for the increase of floor azea or maximum house size, nor for the creation of a lot substantially different in size for development purposes. The purpose of the adjustment on the Polecat Property is for building envelope and setback purposes. The purpose of the adjustment on t:he Shapiro property is to ensure that no building will occur to block the home's view. The adjustment does not change the size of the lots but "swaps" an equa153,103 squaze feet from each property. c. The adjustment conforms to the minimum requirements for azea or width established by the provisions of the Pitkin County Land Use Code. d. The lots are not substandard size lots. MINOR AMENDMENT TO A DEVELOPMENT PERMIT Polecat also desires to amend its current activity envelope in order to utilize the azea gained by the lot line adjustment. A Compliance with § 2-20-150 of the Pitkin County Land Use Code• a. The requested amendment to the activity envelope is consistent with actions taken during previous development approvals for the property including the above requested lot line adjustment. b. The requested amendment only increases the activity envelope and does not; change the use of the proposed development. The property will continue to be used for a srngle-family home and caretaker's unit. c. The requested amendment does not change the basic character of the approved use of the land on which the activity occurs. The activity envelope will continue to be used for a single-family home and caretaker's unit. d. The requested amendment does not constitute a new land development activity. e. The requested amendment does not increase off-site impacts in the surrounding neighborhood. As the use of the activity envelope remains the same, there will be no more noise, traffic or other impacts on the surrounding neighborhood. f. The requested amendment does not endanger the public health, safety or welfare. g. The requested amendment does not violate any Land Use Code standard. h. The requested amendment does not substantially increase the need for on-site parking or utilities. i. The requested amendment does not increase the floor area of the use by more than 5% or decrease the open space on the property by more than 5%. Compliance with & 7-20-20 of the Pitkin County Land Use Code• The Site Plan depicts the topographic contours of the property and the proposed activity envelope. The majority of the building area will occur on slopes less than 30%. However, there is small area above 30% where building may occur. The proposed activity envelope has some areas of less than 30% and some areas greater than 30%. However, the areas less that 30% a~•e not large enough to build a home up to 15,000 square feet as allowed. Polecat intends to utilize as much of the floor area as possible where the slope is less than 30% and the remainder of the permitted floor area shall be constructed where the slope is greater than 30%. Polecat does not intend on building on the area where the slope is depicted as 45% or greater. Documents Enclosed (2 co>] 1eS~ a. 24" by 36" Subdivision Exemption Plat, with parcel descriptions, including lE:gal description and vicinity map b. 11" by 17" Subdivision Exemption Plat c. 24" by 36" Site Plan d. 11" by 17" Site Plan e. Proof of Ownership of Subject Properties -You will note that there aze three deeds submitted for the Shapiro Property. Andrew Shapiro initially owned the property. He transferred a 50% interest to a trust and then the trust transfen•ed that 50% interest to Nancy Shapiro. Current ownership is Andrew Shapiro - 50% and Nancy Shapiro -- 50%. £ Documentation of Legality of Parcel -Plat Map g. Summary of Previous Land Use Approvals h. Payment for Review of Application i. Signed Fee Agreement j. Consent from Owners to process application k. Copy of the Pre-Application Conference Summazy Please feel free to contact me at the above phone number or e-mail with any questions Very truly yours, Julie S. Hanson Cc: 39 Polecat, LLC Andrew and Nancy Shapiro ~v{j~~J c:: c Y t /1 et ~ / / k i v ~ ~ 09 `` \ .R°c si% e` u r .\1L/ ~ f~ ~ \ ~°\. \~ ~ ~ N b' \ R ~. .., \V ~. z y, \ V 0 G w~. .H ~ ... \i A Y~ .. / \ `: / ~ / / ~ ' ~ / ~, ~ /~ / / .\ / ~~ ~ / / ~ / / ''i ~ $ \ ~ j \\ ~~/ // I X FfP\ Y ~a it I >~I ~ R'a m H I d A b r .H ~ •> n z_ 4 K S M 4 0 ~S~~E~"§ ~.~ M ~~~~~ ~.~ r ~ .NaY~ " 3 i .k3 gRR : ~V...:: € gRR : 'b aG ' GEw°:wS E ~ 6 .y ,.. r EGLG 6y .. y~. i ~ g =6E`a%:y> .'~~ a 5=E='> E~~ ^ `~ ~ g ~ ~ T' SOSS §E : n ~ ~9 i . 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CpIIAIX NHEHipJ APEHRMRE a LFrH. !a / _`~ ~~ ~- HAIL UNDER PAVEMEXi aE,~E PR FF~Y~61EOlOwEr J~q~H~~~ Ai' ~IpFaD /yp XED XE .. ~ '-i ~~- /~ ~ /•. 5'1 \ ,R XE } ~ ~REK~AR up ebmFMR iLAEHiEY' pEil ro~ E~H Ai _ JSJ O )] ] / / IH TS'J9 SH V \Jp' A[[E99 EAHERHi Vd•MIY (F P i[ X. EiAR pF WLORAW. /' ' yi "' \ PREPAgED BY C ASPEN SURVEY ENGINEERS. INC UNY LATT YD '}~'' 010 SOUTH GALENA EigEET ~I^~~E{5Y~ ~; ~TMlj~~~nw ASPEN. COLORADO R1611 -H'b ~l~~~~~bbb E~^~ PHONE/FA% IBI01 9]SdBl6 ' S HB HT _ OP pnTE R/De ~' ~_~~ JOB SSMiopp c. i~ e~ a: 39 P®LECAT / SHAPIR® SUIBI~IVISI®N EXEMPTI®N F®R L®T LINE AI9JUSTMENT 39 P®LE~AT MIId®R AMEIVISMEIVT T® A I~EVEI.®PMENT PERMIT LHGHND AND NOTBS O BYRVEV NOMMEXt A9 DE]LR IBED iI iLE IX AiIOX FVOHI BMEO BV: NONFPo ~WBEP: ED. EY[HVpE MEAB ME EOYAL. 10' VIIL IiY EAP NIEXT A XOARY IpVE YI iN BOLNJARY [KL6 IX 1 1 rRIOR i0 ILJYETIFHL. LKL9 IN I ] EYCXVpE. GLLi IN ll 11 RE 810.iIX0 FACELE FExcE Ox1POL /®.!~ XVMLEL ll FIRE XMRANi ® YATEP VALYE O YiILI IY BO% UNPLATTB[1 /// DISCLAIMHR PY OPEP rvEXMAY IXVPOVBIER NLB ENII OTlXESYEEI ~T OLFLN ~XLYEl XER EOF SR PM ECAi LLC. O'MER. WPV NA3EL BAXER. MMADER VNPLATTBD 39 POLECAT LOT 10 ]e roLEUr uNE usm Joe w. nom PARL4L ID. 3J35-OJ3-00-031 MEA - 5.0] ACR EE LYJPE OR LE59 C ONMON AABA eRD-e-~ 0 o/ ; \\/ RE-lAR / Po 1/ II / / / / / / 9' y ~ j . ip' / I ! I ~' ' o /~~ .. . ~~. /ate ~ ROPArR: inxrc ~ I . P P] X @ E ~, 1 1 E I XL ACPEFXENi AIO ]E iiL " ~ 1 „ GYLL RFL FASE RE[EriIOX XO. RI505 LFLL ~ / ~ ~ ~~ O \ f~]R ELEAeEEA ECE1PlT IYOH~I pR~1~]I505 \ \ ~' \ . ~~~~ fMYFL \ PNMIw / ~ rE '\ ' LOT 11-A ~ \ .,. HTSE t. ~ i ' ~' 1 ', ~ i ' / 3R' FA9EIFN! tFR F.Nr11 bIT 'b' Mi BC 9 Po iB9 ~ / \ \ - ~ ' / MYY [Kfb , - j ~ EIEIAY EABFYfNi ~ ' _ ~ -~_ ~/ / FE[FPT ~XBbBX9 POLECAT DAIY R•ml.ee' - _ -~-- / / H L-19.3Y - ~ \ 7 / ~~ \ / LLOLL DLLElILT10M RIEOLTIMO ]OLICLT' \ / ~ / K IERJIEMi OIE WMIE XLi ^I~I~AL~R ~~O Nil ~IR O ~ 10 ]W IM MWE ]f YELI 1M I I NRE L ~• M w p 1 T / \ / - / / Po . 5 e ~ ~E U R L 0'I . ~ O / ~ / l . RNER OF RAI _ p D REnIOx ] Ru]] R Ep lxxlxo Ai rolx ]. E QK L~~Li]•lilr SL' 6 ])iI .iER ifFiPo / S / / / \ / - HOUILA IX 6TAXn TEL MPWXE ' µ B~ ~EN~CE , I lx.N FFE! ARO ppRO LEME X J] ~ LEn xroLE RAOIw lE ~ 0 1 E // ` / Eo6ElFpi BOON 339 PAOE YJ E J IP'Y I. 5 R ! KE M ~f f0 Yu _ E EE ]]>~~OPFFEI~ iE N[ ) ~ Y PIPE I I f ~ i D~W ~ IW lR LOT 1 1 - B _ ~3~'so ~~iuDxl E ~ ? ~ ~ ErILE ibX 100 ie ile ro xr a LED IEWE X I P IY. L] fEEi wIAE. axrnlx lxo s m AcR w o] LEeE. RAIL I}CER PAYFMENL l XKMT~X ¢iOXYEmRJ ]Af WM ANLl iii ~i ~1ApEI pMS~L ~ ~AO~~BIEPp~ GSTM.11~~wOEi ~ ~~~ RlO OFFO OF E R L JS IM LOM ]Ll Ai \ 30' Atf£93 EASEYEXi ~MMiY OF PIiRI Y. ]iAIE ti COLMIDO. \ \ RS 5 \ PREPAflEO 9T ASPEN SURVEY ENGINEERS. INC. '110 SOUTH GALENA STPEET r.M~~L~Je ~i'~uyx~~]r~n~M ASPEN. COLOPADO BI611 NHL ~I~p„)`r'N_ f~ ~X~~aM ~,,~~liil {'L n PHONE /FA% 19J01 9l5 3SI6 . SIi88T ___ OP ___ DATE o/DL JoB nomovo ~~ i~a`~,~, 1 j,,. ... n 'T '.. 4 ~~ ~ k~ .ktd'C n ~{.3. cu% X363061 11/09/97 16:79 fiec 420. n.0 61; 730 PG 10 Silvia Uayi s, Fitkin Cnty Clerk, Dqc 463. 0~i GENY°AL NA/RRANTY DEED THIe DEED is made this `I day of November, 1993, between and ANDREW D. EHAPIRO JOHN WILCOX hereinafter ("Grantor'), hereinafter ("Grantee"), whose legal address is Point of Americas 81, 2100 South Ocean Lane, Suite 2404, Fort Lauderdale, Florida 33316. WITNEBSETE, that the Grantor, for and in consideration of the sum of Ten Dollars (510.00) and other gocd and valuable consider- ation, the receipt and sufficiency o£ which is hereby acknowledged, has granted, bargained, sold, and conveyed, and unto tithe Grantees, ' does grant, bargain, sell, convey and confirm, ' his successors and assigns situate, lying and abePngpinttheoC linty -' with improvements, if any, ' oP Pitkin, State of Colorado, described as the attached Exh ib ital so " attached hereto and incorporated herein by this reference, known by street and number as 0288 P.spen Oak Drive, Aspen, Colorado 81613. " - TOGETAEA with all and singular the her_ditaments aged aappdurYhe ' nances thereto belonging or in anywlsa appertalnin reversion and reversions, remainder and remainders, rentinterests, and profits thereof, and all the estate, right, title, claim and demand whatsoever of the Grantor, eit.fer in law or ' equity, of, In and to the above bargained premises, with the " ~ hereditaments and appurtenances. ~. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee, his successors '~~ ~ and assigns forever. And the zaraiitObarf ain and agree touandswith and assigns, does covenant, 9 g that at the time of the (~ the Grantee, his successors and assigns, 1 ensealing end delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and ~~ indefensible estate of Inheritance, in law, in fee simple, andsell ~j good right, full power and lawful authority t° grant, bargain, t~`,~ and convey the same in manner and Form as aforesaid, and that tha same are free and clear from all former and other grants, bargains, solos, liens, taxes, assessments, encumbrances and restrictions of "' whatever kind or nature whatsoever, except the following excep- Cions: 1. General taxes for 1993 due and payable in 1994. 2. Right of the proprietor of a ve In or lode to extract or remove rtis ore therefrom, should the same be found to penetrate or Patentereco rdedr August 16reb 90 r in Eook 55 at Page n157 ited States 3. Reservations and exceptions as contained in United States ' Patent recorded September 19, 1953 in Book 18D at Page 187 as ' .. follows: G¢ a ...4._=.,, ,.,.., .,.. ,,.. .,:..t, .. ., Parcel ID #'s: 2735-032-00-021 (White) - 2735-032-00-020 (Shapiro) i v m ry u v 0 .O L O a Mw .0 N n c F s ~~ '`^'. :f~'.' ~.;: ~i'.~... "~S. ~Q~J a .~~. Lx ti 1~' :~ ~,'. a ~ v ., ey,~ " i"KYr ~t ~`~ Fat ' ~ h ;=~.a n, ~~stf ~.0.~1' >r i. .°a4.1Ea~~. .. .. • ;. :. ~- 836.3061 11/09/93 Sfi:19 Rec 420.00 HK 730 PG 11 Silvia Davis. Pi tkin Cnty C1 erK, Doc 483.00 Right of uay t.nereon for ditches or canals constructed by the authority of the United States and reservation of all uranium, thorium or any other ma':erial whi rh is or may be determined to be peculiarly essent ieil to the production of fissionable materials, ~~ whether or not of commercial value, together with the right of the United States through is authorized agents or representatives at any time to enter upon :.he land and prospect Por, mine, and remove the same. 4. Terms, conditions, provisions, easements and obligations as set forth in the fol:.owing recorded documents: i Deed of E:asemant recorded December 22, 1966 in Book 224 ' at Paga 459. ~- Deed of Easement recorded October-15, 1969 in Hook 243 at ;~ Page 946. Right of User recorded October 15, 1969 in Book 243 at Page 955. i ~ - Correction Document recorded December 29, 1969 in Book 245 at Page 372 and re-recorded February 16, 1970 in Book 246 i°, ~~, at Page 842. i ~~ 'S Agreement and Deed of Easement recorded April 25, 1972 in '"1 ~Bbok 263 at Paga 7. f•. f ~~ ~ 5. Terms, conditions, provisions, obligations and matters as '..', a disclosed in Protectiv[ Covensnts recorded Blementin 2Protective BooK 267 at Page 285 and Instrument Supp 9 -- Covenants recorded June 29, 1973 in Book 277 at Page 405. 6. Easement and right of way granted to Holy Cross Electric ats Paget 856 and in bBOOk s676matt Pageo 860 and Trench? Conduit and ' Vault Agreement recorded May 7, 1992 in Book 677 at Page 41. All documents are recorded in the records of Pitk in County, Colorado. The Grantor shall and will NARRANT AND FOREVER DBF@ND the above bargained premises in the quiet and peaceable possession of the Grantee, his succa::sors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the Singular and the use of any gender shall be applicable to all ., genders. -2- ~.. .: :f-^ ..:... ... . .._,. _ _ ~ .. ' ~~., ;: ; 'i.,' I j: "b. UO _ .~ r ~¢ya~~f. '`~'*'~ `~'y~~~`~'>St ~~"'')'kr wA:~ ``~~'~qt a~~~10i.~ii ~~ r I i 1~ 1 i :; ) `. ~ k36306L 31/09/93 16:19 Rec f20. OD BK 730 PG 12 Silvia Davis, Pi tkin Cnty Clerk. Doc f83. 00 IN WITNESS WHEREOF, the Grantor has executed this General Warranty Deed on the date'set forth above. 1 X' ,Jahn lco STATE of COLORADO ) V ss. COUNTY OF PITXIN } ~ '~ The foregoing Ge ra1 Warranty Deedwas acknowledged and sworn to before me this ~ day of November, 1993 by John Wilcox. WITNESS my hand and of is seal., ~~ Ny commission expires: ~( ..J Notary Public ralesro\GidniLcwa My Commisston Expires July 29,1995 ¢m 5' ~ ° r`, r, 1 , ~7--. .. s ~ ~ . 5~,: ~ '. i Ei ~;5 ~ ~~~ ~ U~?, ~.;' . " , t4N n -i9 a ~ ~~ ~~ ~X t > ^C. Z: A~ vv~.. rl r p . q~ e363061 11 /ii9/93 16:19 Fec 520.00 BK 730 F6 17 Si Eilvia Davis, Fl U;in CntY C1 erk, Doc 583.90 ExNlasr "A" LEGAL DESG:2LPT[0_N ~,. , ~:- No+.th¢akL Gua+:,Le%. od LRa sou".,:W •_. o Dyed b.ltu.oted Ln ;3Jto. 7oW:vslrLR 10 Soath: Rat9¢ td o!¢4t. 06 '4v~c~ and Lo.t 19 .e6 SectLOn 3, ol.tbw4: . .th.¢ 6.th Pn,LnalPV.C Meyi,dLan, moti¢ duRtg d¢au:.Lb¢d ab d A¢9Ln+wt3 at a pub tahenL¢ £h¢ Soailt 4ayltex ¢onnvs. 06 .bald Saat loll 3. . b¢y,,e 5 25'36'02" E P9<7.91 d¢~•1 .thax¢~ N 45'16'1&" E 90t.i7 d¢ek: .then¢¢ S 45'03'<7" E t<2.9o 6`µ! ba9'~~uV3• .;,h,¢nc¢ 5 45'11'96" W~ q~61.9a ¢P1 4.o th¢ PoL:st od ;haM1CS N dd'tf'96' •. pAROEL 'E.:- ~ and n.lSKi a4 u.4oJC Ln ald Le L!w "• ay ~,¢aes.v¢d on 9'~;ed by dou+MwlLt n.eeon.ded in A non-¢xe.WALva aap¢4a ¢WCm4~ 4¢t ;uaLh Ln. Ru.tt¢x+nLth Wehi Road Noon. 114 at -a9¢ 41k and t/1. . Aooh. 224 at Pa3¢ 659, Pa9¢ Am¢ndm¢nt tJwhaLo ti¢¢onife.d A+~ sdah• 146 at .. AR $.;.. "' a.M¢maLt and ai9hi ed WnU in. ,tJtat A non-~~~'iv¢ accoh4 and tcti.f-LLU ,AVxc~.,~,t'and u¢¢d od Eaa cma~n.t" eytt,aLa ~v14° 1912 anddn¢eond d .l.n Nooh 267 at Page it. dated AP ' COUNTY OF PI7KLNr STATE OF COLORADO. j4 r .,. Y .. -,: gal^c' "p. ;i )G ~(3J~1? ~:o . .' .. w ~-!111lI-11111 111111 111111 1111 lllli 111111 III IIIII lill X52947 04/02/2001 03i39P WD DgVIS SILVI 1 of 2 R 10.00 D 90.@0 N 0.00 PITKIN COUNTY III co DF ~9b , ~ GENERAL WARRANTY DEED ANDREW D. SHAPIRO ("Grantor"), for TEN DOLLARS ($10.00) and other good and valuable consideration, in hand paid, hereby sells and conveys to STEPHEN V. E'~URGER as TRUSTEE of the PERSONAL RESIDENCE TRUST of MARILYN WEIGNE.R DATED OCTOBER 20, 1994 or ANNUITY TRUST ("Grantee"), whose address is 20 East 9`h Street, New York, New York ] 0003, a fifty percent (50%) undivided interest in the following real property in the County of Pitkin, State of Colorado, to wit: PARCEL A: A pazcel of land situated in the Northeast quarter of the Southwest quarter and Lot 19 of Section 3, Township ]0 South, Range 85 West of the 6a' Principal Meridian., more fully described as follows: Beginning at a point whence the South quarter corner of said Section 3 bears S 25E36'02" E 2947.01 feet; thence N 45E10'48" E 908.17 feet; thence S 45E03'47" E 242.00 feet; ~ thence S 45E11'06" W 902.94 feet; thence N 46E18'06" W 242.00 feet to the point of beginning. PARCEL B: Anon-exclusive access easement and right of user in and to the Buttermilk West Road as reserved or granted by documents recorded in Book 224 at Page 459, Book 224 ai Page 478 and as set forth in Amendment thereto recorded in Book 246 at Page 842. PARCEL C: Anon-exclusive access and utility easement and right of way in that certain private road as described by "Agreement and Deed ofEasement"dated April24, 1972 and recorded in Book 263 at Page 28. COUNTY OF PITKIN, STATE OF COLORADO, also known by street and number as 0288 Aspen Oak Drive, Aspen, Colorado. TOGETHER with all its appurtenances and warrants title to the same SUBJEC'T' TO AND EXCEPTING: Taxes for the yeaz 2001 due and payable in 2002 and all subsequent years nol yet due or payable. 2. Existing building, land use and zoning regulations. ~~~~ ~ ~ ~~,~y¢~ 452947 TRANSFER DECLARATIO Parcel ID #'s: ~0()~13 2735-032-00-021 (White) 2735-032-00-020 (Shapiro) w PARCEL C: IIIIIII~IIBI~IIIfIIIIIII~~~II~II~II~1IIllllllll~llllll~5©5D 090az:5s> Anon-exclusive access and utility easement and right-of--way in that certain private road as described by ""Agreement and Deed of Easement"" dated April 24 ] 972 and recorded in Book 263 at Page 28 of the records of Pitkin County. All in the County of Pitkin, State of Colorado also known by street and number as: 288 Aspen Oaks Dr., Aspen, CO 81611 TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the grantor, either in law or equity, to the only proper use, benefit and behoove of the grantee, his heirs and assigns forever. The singulaz number shall include the plural, the plural and the singulaz, and the use of any gender shall bc~ applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. Stephen V. Burger, as Trustee of the Personal Residence Trust of Mazilyn Weigrler Dated October 20, 1994 or Annuity Trust, as to an undivided 50% interest v. Stephen V. Burger, Trustee STATE OF New York COUNTY OF New York The foregoing instrument was acknowledged before me this b~ day of December, 2004, by Stephen V. Burger, as Trustee of the Personal Residence Trust of Mazilyn Weigner Dated October 20, 1994 or Annuity Trust,,as to an undivided 50% interest My commission Notary Pv t. fr,,.- _ . - .. r ~ ,•' {` ry. NpTAR y d ~_ ~r t y`G .,_ ~~~,~' , File Number: 43206 $lev'aYt Title of Aspen. Inc. Quit Claim Dttd (Emended) Page 2 of 2 Witness my hand and official seal. CAROLYN D. KODAY-MCBURNIE Nolery PnMic. S~^re ~t New YorK r.;, o~,~,.wbscr, orKoBrsr-rbs Quannec in New York Cou Commission Expires Oct. 31, U®~,~~!) RECEPTIONS: 550461, D6/13/2UUti at U2: 44:26 PM, 1 OF 1, R $6.VU DF $0.00 Janice K. Vos Caudill, Pi tkin County, CO QITIT CLAIM DEED THIS DEED, made this ~ 3~ day o~ 2D08, between JACK DEMOS ("Grantor"), and 39 POLECAT, LLC, whose legal address is P.O. Boz 1789, Basalt, CO 81621 ("Grantee"); WITNESSETH, That the Grantor, for and in consideration of the sum of TEN DOLLARS and other good and valuable consideration, the receipt end sufficiency of which is hereby acknowledged, has granted, bargained, sold, conveyed and assigned unto Grantee, and by these presents does grant, bargain, sell, convey, quit claims, assign end confirms, unto the Grantee, her successors and assigns forever, all the «al and personal property, together with the improvements, if any, situate, lying and being in the Coanry of Pitkin, State of Colorado, described as follows: ASPEN OAKS, LOT 10 Also known es street and number 39 POLECAT DRIVE, ASPEN, CO 81611. TOGETHER with all and singular the he«ditaments and appurtenances thereto belonging, or in anywise appertaining, and the «versien and «versions, remainder and remainders, rents, issues end profits thereof: and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained property, with the hercditamcnts and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the Grantee, its successors and assigns forever. WITNESS yWn1HEREOF, the Grantor has executed this Deed on the date set forth above. LACK DEM S State of COLORADO ) ss. County of PITKIN ) The foregoing instrument was acknowledged befam me this .day of N L 2008 by JACK DEMOS. Witness my hand and official seal. My. colrrm ion ,,,,:.~:_. _. ~fe:ccn~Rlo~a~N Public 1PftY'PUBC My Cc:nrosaion Expires 07!2512009 Nota Public r •t ry 601 E. Hopkins A:;>en, CO 81611 BRANDI L ; Whan rceoNW rcwm to: 39 Poleu:, LLC . JEP$ P.O. Bov 1]89 D N ' aw14 C0 r1631 ~ . ,•S Parcel ID #'s: 2735-032-00-021 (White) J ~ ~. ~ ~ .~ 2735-032-00-020 (Shapiro) 8ecorded at 12:17 O'clock P.N. Sept 27, 1972 ,. ~ &eception Ne 114283 Peggy L'. lfiklich, RBc order PROTECTIVE COVENANTS ~w =~~~~5 IYe, the undersigned, being all of the owners of the lands shown and depicted an that certain ma designs ted "Exhibit A" and recorded in Plat Hook ~ at page ~ oP the Pi tkin County records, wF.i ch map is incorporated h?rein and made a part hereof by this reference, and desiring that said lands be developed and maintained as a tlighls desirable scenic and secluded res ldent ial area, hereby adopt the Po Mowing protective covenants for all of the lands shown o^ said Exhibit A. 1. As used 1n this ins tr umeut, the term "sabj ect property" shall be tle erred to mean all of the lands shown and depicted o^ Exhibit [he term "parcel" shall be interpreted to mean any separate tract which may have been previously sold out of Che subject property or whloh may hereafter be conveyetl out of the. subject property as hereinafter permitted, antl the term ''Common Area" shall 6e deemed to mean the area desifioated as "Common Area" on Exhibit A. 2, No buildings ox structure= shall be placed, erected, alteretl, or permitted tp remain on any parcel other thou or.n s i!tgle-family dwe 17.1 ng house antl the following accessory buildings mr structures: (a) One guest or servant house, and (h) One attached or detached garage, and (cI Barns or stables oi• other non-residentizl buildings other than a garage. 3. Eac4 building or srructure which is commenced on any parcel shall be entirely completed within twenty-four (24) months a`ter commencement of construction. 4. No parr of any parcel shall ever he occupied or us:=d Ymr any commercial or business purpose nmr for any noxlo us activity, and nothing shall be done or permittetl to be done on any of the subject property which is a nuisance er might bec-ome a nuisance tm the owner or owners of adjacent property No hunting shall ever 6e under ta;cen or permitted on the subject property, nor shell any mining or drilling for substances within the ea 1•th (other ttlan water) ever be permitted within the limits of the subject property. 5. No portion of the subject property shall ever b= sub- divided into parcels of less than five (5) acres Sn size, ar,,d no axis ting pa7~ce1 shall ever he subdivided into smaller parcels noi• conveyed or encumbered in any less than its full orYginal dimensions: provided, however, that tF.e owner of a parcel may convey a portion thereof Tn the then owner of an adjoining parcel so lcng as the property remaining contains at least five (5) acres. 6. No building, fence, wall or other structure shall be constructed. erected, or ma 7.n to fined, nor shall any additl on thereto or change or alteration therein be made until plans and specifi- cation=, color scheme, plot plan, and grading plan therefor, and other information sat~s£actory to the Architectural Control Com- mittee. o: its duly out horized representative. shall have peen submitted to and approved in writinK by the Bald Architect urai Con u•o1 Committee ur its duly authorized representative. In pass: the I rePr, the I whict tp e: the as p The fns t: a ppo writ of a the deli oven been •.v ith meet ciao t act the came Prof shal cr im on a be p the aw nE suuj cr ea cf f mitt ad a for enle setvE and owm sub: cre: all [he roar 4en of , wi[1 na t' Sa 3~ rin: la lc• .r Parcel ID #'s: 2735-032-00-021 (White) 2735-032-00-020 (Shapiro) "Gill ALLt.6J ~r~lt',: bJUn ~.•., :~ Gli c i-hLL$,~,i passing upon such pla¢s, specifications and other requirements, or similar the said Architectural Control Committee, or its duly authorized All such im representative may fake into consitleration the suitability of Control Com the proposed building cr dher structure, and the mite ria is of re lands which it is to be built, to the site upon which it is proposed I1. Th ibSt A" to erect the said building or structure, the harmony thereof with of the owne and :v unty the surroundings, and the effect oP the building or other structure property a ,rt hereoY as planned on the outlook from adjacent or veigaboriag property, the purpose doped a d The Architectural Control Committee shall b. composed is the first water from . n 's idential instance of Norman Clasen, -avid Blemon and vae other member the Pollowi. 'or all of appointed by them who may be relieved by them without cause by wr_t ten notice. In the event oP death, disability or resignation (a oP nay member, the remaining member or members may exorcise all made a property" the rights and authority of the committee including the right to parcel cted o^ designate a representative to act for the committee. In the leasT ; as any event such committee is not in existence and no representative has of he been appointed, the design of nay structure shall be is 6armoay (b' of the ivi t6 the surroundings and existing structures. At the first interfe "Common meeting of the memhers of the Homeowners Assccia ti on to 6e the ad' nou Area" created as here laaYter provitled is these cove pacts, a new Archi- tectural Control Committee shall be selected in accordance with (c1 the Articles and Hylaws of said Association, with tk :tetl, needs t ~ one 7. No ref leutin roofs shall ever be used or g permitted to be deep r buildings remai^ on any buildings or stx uctures located within the subject has air property; the exterior colors used on such buildings or structures access shall be harmorsious with the natural surroundings; and no indis- or (ii) criminate: or commercial cutting of trees shall ever 6e permit tetl Pirst 3 on any cf the subject property, No overhead utility lines shall ever. joining 6e permitted ::p on the subject property except those in axis fence on and the the date uereof, o•an nee o any 8. There are hereby created, granted and ~r eser ved to the l2. The 4) months owner or. owner s, Prom time to time, of any parcei within the ' seives, thei subject property and to `. he Nomeawne rs Association to be here-fter SeP tember i, created, perpe foal easements ten (10) feet iv wid to on each side Association us.d for of the boundary line along the entire perimeter of each parcel to which a7.1 c tivity within the subject property, and thro u;;h all o£ the Common Area i^ fee to an , of the ~d all o£ the roadwa easements smrvn and de is fed on Exhibit A, automati call uisance for the purpose of constructing, maiatai ningp operating, replacing, Sn•ther agr e~ shall ev enlarging and repairing electric, to lephone, wa ter, irrigation, Associa glen er shall a sewer, as and similar lines, Pipes, wire, ditches, and co nduifs B v e ny ~ than , and walking and riding trails, from time to t property Association. , H, Thera are hereby created, granted and reserved to the that from avi _ owner or owners, from time tc time, of any parcel within the Assoc is tso n, and subject property and M the Homeowners Association to be hereafter mainta cuing ~ parcels created, perpetual easements and rights of user over and across depicted on i ;anal all oY the roadway easements shown and depicted on Exhibit A, i'ei• owners, from may the purpose of constr ucLing, wainta in ir.g and re oa firing vehicular property nay ~g parcel roadways and for all forms of surface travel. being conside 5) acres. 10. The area designated as "Common Area" on Exhibit A is In the event qulred re pr is 1 be hereby dedicated in perpetuity to the common use and enjoyment ' oho ve-descrit o^ thereto oi all of of the owners, form time to time, of the lands manner as seT pecifi- within 't he sub ect ro ext No improvements of any kind or j P P Y- or, and nature shall be constructed, altered, of allowed to remain on 13. Pend of Com- said Common Area except non-commercial stables, or bares, riding shall be offe been ring, jumping course, clubhouse, swimming pools, tennis courts, eq ualll' sanit tural lakes and ponds, recreational facilities, bridle paths, fences the type of t Io approved in w shall comply -2- ~~~~~ ': • BUUn C:Y) i' ?ALE G,~C`~:; c"b"::J i~ ?hLE F.'J' +i ~equir ements, oi• similar improvements for the benefit and use f d ily authorized o sai owners. Ail such improvements shall 6e approved b th A h [ability of y e rc itectural Control Committee. to vials oP is proposed 11. There is hereby created, granted and reserved to each o the ow ry thereof with th s ners, from time to tim?, of a parcel within the subject P open t a ri ht o er structure y g and easement .~ go upon an adjacent parcel :For the ^ing property. a.~d in th fir t purpose oP developing a tva ter source thereo^ and diverting water from Such e s ier member Source for use upon his own parcel, subject id the fallowing conditions: iut cause by or resignation (a) Before exercising such right, an owner must have exercise all made a meaningful attempt to develop water on his own the right to parcel, which attempt shall include the drillin of at In the g least one test well; ~r esenta tive has ie in harmony (b) The exercise of such right shall not legally i the first nterfere with or entlanger an adjudicated water right of th to to be e adjdining parcel owner; a new Archi- :ordance with (c) The exercise of such right shall not interfere with the then current or reasonably anticipatible water it d needs of the adjoining parcel owner, which co ndi ti oa shall 6e deem d t 6 perm te to e o e sa tisiied where (i) The adjoining owner h in the subject es already tleveloped an adequate source, or clearly has s or structures a d i di + access to an adequate source requiring minimal deve to oment or (ii) Ta n no n s • , e owner exercising such right reserves the fi t 6e permitted rs 3 GP61 oP flow from the source develo oed on an ad- ty lines shall ever. joining parcel for tae use of the owner Of such parcel v in .~xisience on , and th_^ utilizes only the excess of suc4 flow for hi s own needs. arved to the vi thin the I2. The undersigned parties hereto hereby agree for them-~ selras, their heirs succ to 6e here-fter . essors and assigns, that on or before. September 1, 1973, they will for ~ on each side m and he come memaers of a Homeowners Association in the to rm of a Colorado c each parcel orporation not: Par profit, to which all persona nr associations who ow Common Area n or zcquire tt.n title 1n fee io any of the lands within the subject pro ert h on Exhibit A, p y s all automatically become members and the aid sting, replacing, s undersignetl parties further agree thaT following Lhe tbrmat irrigation, ion of Such Homeowners Asso c~a tiOn they will abide by the Ai•tic l f and conduiCs, es o Inccrporativ^ and Bylaws thereof and any reasonable rules and regulations which may from time to time be atlopted by the Boartl of Direc[Ors of the Association, In atldition, the undersigned t 'r ced to tae par ies hereby agreee that from and after the date of formatio f vi thin the n o such Homeowners Assdeia tion, the costs and responsibilities of r to he hereafter epairing and maintaiaiug tae common roadways end the Commo A zr and across n rea shown and depicted on Exhibit A shall be shared equally by tan own Exhibit A, for er or owners, Prom time to time, of the parcels into whi a th ping vehicular c e subject property may from time to time be divid etl with , all such pare e)s being considered equal units for purposes of suet cost sharing, In the event a Homeowners Association has not been formed r ch ibit A is as above equired prior to September 1, 1973, from and aft :d enjoyment er said date the above-described costs sha12 nonetheless he shared i lands n the same ma nnei• as set forth above. tp kind or ~ remain on barns, riding 13, Pending ova ilabillty of public sewers, sewage disposal she 11 be effected by mean P Innis courts. s o individual septic tanks (or other }h ua lly sanitary structures f r tths, fences e o the storage or dispersal of sewage); Y.pe of tank, its construction a , ntl its location shall be approved Yn writing by the Aa'chitectural C ontrol Committee and shall comply with governing stn to or l l oca regulations. .v/ -3- U l7u l:~J 0"~hGJ ~l 7AGt L::.`J 14, All op the covenants containetl herein Shall constitute a burdec on the title to all of the subject property, and the benefits thereof shall inure to all owners, frog: tim_ to ~tima, of parcels within the subject property, antl the benefits and burdens of all of said covenants shall run with the title to a1T of the subject property, The Homeowners Association to be hereafter created, antl each of the owners, from time to time, of a parcel within the subject property shall have the right at any time to enforce these covenants by an action far injunc ti.ve rel iep anti Por damages by reason of any violation hereof. 15, These covenants shall remain hinding and effective until September 1, 1992, and from and after such date shall be auto- matically extended in their entirety for successive ten (10) year periods unless and until a written declaration terminating such covenants has been executed and acknowledged by the then cutre at owners of not less than ttvo-thirds of the parcels within the subject property and recorded in the real property records of Pit!cin County. In the event title to any portion of the suhject property ever reverts to an agency of the IInited States Governme rt, these covenants shall automatically }erminate with respect to such reversed parcel. 16. These covenants may be amended at any time hg the recording in the pitkin County records of a resolution of amentlment executed and acknowledged by the then current owners of not less tha^ two-thirds of the parcels within the subject property. Li. Should any part or parts of these cove mats be tleclared invalid or enenferceable by any court of c~apete nt jurisdiction; such dec isio^ shall not af_ect the val3ditq of the remaining covenants. IN Wi TJ4L•'SS 19HEN.cGF, this document Gas been executed this 15 day of August, 1972, ...-C ~ .- ~/i~II .' .. 2 _~. =~ ~_ 1._,, r~~, ~_ f, ~ ~ r ``.1 6 tl~-. - ~I iI - G _ ®rR~l?~ . _-_o~ ., oavn L.ii t Rol r ., STATE OF COLORADO ) )55, COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this 15th day of August, 1972, by David R. Slemon, 6fichael C. Rernstadt, Robert 51. Freimuth, P.ndre Ulrych and Norman E. Clasen, Witness my ha¢d and official Baal. ,i .~ L ~ ~ Ety commission expires; M r ,tip..,,,..:, ~ .; ` p tcm=uVaa f~ lx~e s, 147. ga ~~~.-;o ~ ~taryy u ac :•-......: n1- I STATE OP COLORADO ) )ss. COGNT] OF PITKIN ) The foregoin, instrument was ac!crowledgetl bef cre me this 15th day of August, 1972, t:y Soseph p;, Fasano antl phi hp Howard, ' tYitnesu my hand and official seal. ,,._ LfY cammissio¢ expires; ~,,, _ ,_„ s. :i. ~:~.:an'.Tn otar,• pu rc -- N '/i C' Cn~~`~ STATE OF TEXAS j )ss. COUNTY OF dallas ) The foregoing Sns trument was acknow].edgetl before me the Bth tlay of September 1972. 6y T, 3t. Dye. ,__ Witness my hand and official seal. ~ ,l;y commission expires; June 1, 1973. - ~-' Notary Public "~ ~ '~- - 5 -- ~0~3i?22 .:" ter that he Ssan Collins In. The a death of Collins, Iand, Richard isioa, Third .s ~~ Filed For record at 1:1U P. M. .Tune 29, 1973 Reception No. 160717 Recorder PeSg E. Mik Lich u~~~~;?77 ~~~~~U INSTRUMENT SUPPLEMENTING PROTECTIVE COVENANTS WHEREAS, there has been a division of certain property into parcels, none o£ which consists of less than five acres; and WREREAS, each of said parcels was held unuar separate owner- ship prior to the effective date of the current Pitkin County Colorado Subdivisioh 3egulations and the division of land was not subject to review under the prior subdivision regulations (Parr grzoh II of the Resolution Adopting Regulations Governing Sub- divisions Within Pitkin County, Coloradoi which were effective at '11e time of such division; and WfTEREAS, there exists of record Protective Covenants which govern the usz o£ said parcels and forbid further divisicn ther_of. which Protective Covenants appear in Book 267 Page 285 of the records of Pitkin County, Colorado; and WHEREAS. a map of the property encompassed by said Protec give Covenants and designating certain °Common Areas" as described in said Protective Covenants appe azs at Plat Hook J, Page 289 of the Pitkin County records: and 47HEREAS, it is the desire o£ the owners of the parcels to supplement said Protective Covenants and maps of record by filing a survey showing the houndaries of each cf such parcels as they Lelate to the cortanon are a5 and common road easement servicing such parcels; MOW. TREREFORE. the plat of A~nenOa/: lots attached hereto and incorporated herein by this reference is filed by the under- signed attorney for the AspenOak Homeowner's Association for the purposes hereof. Nothing herein should be construed tc represent. ' that the said pazce is have been approved by Pitkir. County respect- ing compliance with any subdivision regulations nor to amend or i otherwise alter the terms of said Protective Covenants. Dated Sune 28, 1973. David R. 'B lemon, .Attorney for AspenOak Romeowner's AesociEttl on Mountain Plaia Bssilding P. O. Box 3219 Aspen, Colorado 81811 la i ~ i l i ,f'~ .!" .;v -i -;. 1 a ~~ r ~ :~e Z a~ O s ~ d ~~~?~~^3 e~~cny7'1 ~a~eQi1 certain property into an five acres; and 3 under sepazate owner- orent pitkin County i,vision o: land was not ion regulations (Para- lions Governing Sub- uhich were effective at :tive Covenants which urther division therecf, ?67 Page 285 of the issed by said Protective areas" as describNd ~T Pook A, Page 2H9 ~s of the parcels to ios of record by filing such parcels as they easement servicing such ots attached hereto s filed by the under- s Association for the construed to represent Pitkar. County respect- ions nor to amend or i e Covenants. .% iI rF'~''~ L:` - 'Sleman,,Attorney for Jak Aomeowner's Association Plaza Building K 3219 olorado 81611 ~'t t~~~,~7; (rc~~0~i I r I~ ®i ~ ~ ~ 7 U r ' i ~ ti y I i'te':- r~I ~5 ~ ~x; $ ~ d ~'~ ~~: 11111 1ti 14i SUMMARY OF PREVIOUS LAND USE APPROVALS ®s?I~~ Lot 9 -Shapiro: The owner represents that he as no knowledge of any land use approvals that have been sought or granted for Lot 9. Lot 10 - 39 Polecat: March 25, 2005 -The Barnett Family Trust received approval of their conceptual submission and granting of 1041 hazard review and ridgeline review approv~~l for the property. The Determination approved a building envelope for a new driveway, residence, septic system and landscaping. The vested rights were set to expire on March 25, 2008. November 14, 2005 -The Board of Count Commissioners granted an appeal initiated by Nancy and Andrew Shapiro stating that the above referenced 1041 review "decision was discretionary and in error as the property contains a location for development or redevelopment that would be less impactive and more in keeping with Pitkin County standards for development that the approved site." June 13, 2006 -Katherine White received approval granting 1041 hazard review and special review approval for the property. The Determination approved and established building, septic, and CDU/accessory envelopes for the construction. The vested rights are set to expire on June 13, 2009. Parcel ID #'s: 2735-032-00-021 (White) 2735-032-00-020 (Shapiro) PITICIN CUUN'1'Y C:U1v11v1QNITY DEVE7,OPMENT DEPARTMENT AGRF,F.MF,NT FOR PAYMENT OF LAND'(ISE APPLICATION FEES PITKIN COUNTY (hereinafter "COUNTY") and 39 Polecat, LLC (hereinafter "AI?PLICAN7"') AGREE AS FOLLOWS: 1, APPLICANT has submitted to COUNTY an application for Subdivision E:tempCion for Lot Line 7tdjuctment and Minor Amendment to ~ D?velnnmant Parmit.(hereinafter.the"PROJECT"). 2 APPLICANT understands and agrees that Pitkin County Ordinance No. 32-2002 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. The fee structure is based on the COUNTY'S policy that development shall pay, in full, the cwt of dcvelupnunt review in the COUNTY. Fees hove been set to ba consistent and fair to the public and to reflect the expense incurred in providing such services to the public. 3. APPLICANT and COUNTY agree that because of She size, nature or scope of the proposed PRO]ECT, it may not be possible at the time of application to ascertain the full extent of the costs involved in processing the application. 4. APPLICANT and COUNTY a~+ree that fees charged for the processing of land use applications shall accumulate if an application includes more than one type of land use review. 5. CUUN'l Y and APPLICANT further agree that it Is Impracticable fur COUNTY staff w wuiplete processing or present sufficient information to the Planning Commission and/or Board of County Commissioners to enable the Planning Cormnission and/or Roard of Couniy Commissioners to make lesally required findings for project approval, unless current billings are paid in full prior to decision. 6. Therefore, APPLICANT agrees that in consideration of the COUNTY'S waiver of its right to collect full fees prior to a detern7ination of application completeness, APPLICANT shall pay a base fee in the amount of $1, 771.00 which is based on 7 hours of stsff time, and if actual time spent by staff to process the application exceeds fire average number of hours by more than 20%, then the COUNTY will bill the APPLICANT quarterly for the additional time spent. 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 Bounds for suspension of processing. P1TI~NCOUNTY 39 Polecat, LLC Cindy Houben Community Development Director Date: 9 f I s-S- MailingAddress: a n /'! 8 p1Alc rte; ~ Ca 5- t 47-1 ~Q!a~~s ee/za 39dd ona~e wsiadadd Parcel ID #'s: 2735-032-00-021 (White) 2735-032-00-020 (Shapiro) Print Name and Title (if applicable) We, Andrew and Nancy Shapiro as owners of Lot 9 of the Aspen Oaks SuUdivision, authorize Julie S. Tlanson, of Beattie, Chadwick & Houpt, LLP and Gerry Hazelbak,r, < f 39 Polecat, LLC, to act on my behalf with regard to a request for a Lof Line Adjustr yen' pursuant to Pitkin Coun y Land Use Code § 2-3U-20(g)(4). An rew Shapiro Nancy Shap llate: /'U 2. O ~ llate: IU .2.~ ~ `_ _ ®;,°~?7 Z0/Z0 3~Jyd b3N~JI3M NI~~IJdW Parcel ID #'s: 2735-032-00-021 (White) '2735-032-00-020 (Shapiro) 1., Gerry Plazelbaker, as manager of 39 Polecat, LLC, owner of Lot 10 of the Aspen Oaks Subdivistq thorize Julie S. Hanson, of Beattie, Chadwick & Tloupt, LLP and Gerry Hazele Hof 39 Polet, LLC, to act on my behalf wi'ftz regard to a requost for a Lut Line ent plus t to Pitki~S=Aunty Land lTse Code § 2-30-20(g)(4), llate: 4~3 / ~ tr ~~~,)~~~ Parcel ID #'s: 2735-032-00-021 (White) 2735-032-00-(120 (Shapiro) E0/E0 ~~dd onand wszadbdd PITHIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 November 3, 2008 Julie Hanson 932 Cooper Ave Glenwood Springs, CO 81601 jhanson@beattiechadwick.com Re: White/Shapiro Subdivision Exemption for a Lot Line Adjustment and Minor Amendment to a Development Permit (CASE P125-08; PID 2735-032-00-020) Dear Ms. Hanson: The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. After a more detailed review of the submittal information, additional information specific to the application may be requested in order to adequately review ~md process the application. The planner in charge of the review will request the information from you directly. If you have any questions, please call Mike Kraemer, the planner assigned to your case, at. 920-5482. Sincerely, Bonnie Waechtler Administrative Assistant PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 MEMORANDUM To: Buttermilk Metro District Pitkin County Zoning (Please see Mr. Kraemer for the application) FROM: Mike Kraemer, Community Development Department Re: White/Shapiro Subdivision Exemption for a Lot Line Adjustment and Minor Amendment to a Development Permit (PID 2735-032-00-020; Case P125-OS) DATE: November 3, 2008 Attached for your review and comments are materials for an application submitted by White/Shapiro Subdivision Exemption for a Lot Line Adjustment and Minor Amendment to a Development Permit. The Pitkin County Community Development Director will review the application. Please return your comments to me by Friday, December 5, 2008. PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM. Thank you. TTERMILK METROPOLITAN DISTRICT 0133 PROSPECTOR ROAD, SUITE 4210, ASPEN, CO 81611 (970) 925-3475 FAX (970) 925-4754 Joyce Amico, President Vince Santucci, Vice-President Charles Malekmus, Treasurer Tom Sando, Secretary, Jeff Yusem, Director December 12, 2008 Mike Kraemer Pitkin County Community Development 130 South Galena Street Aspen, Colorado 81611 Deaz Mike: Re: 39 Polecat, LLC & Shapiro Lot Line Adjustment We received the packet of materials on this application on December 10, 2008, mailed by you on or about November 3, 2008. Don't know where it's been but following aze my comments on behalf of the Buttermilk Metro District. Any new connection to Aspen Oak Drive will need to be approved by the District prior to construction. Any new construction will require payment of a Heavy Vehicle Use Fee for roads and may require payment of a Water System Development Chazge (Tap Fee) and a Water Rights Dedication Fee, both payable to the Buttermilk Metro District Total fees required are determined by the District upon application for service and the issuance of a building permit. The Buttermilk Metro District, on behalf of the homeowners wishes to make clear that no encroachment into the open space, a.k.a. the common azea, is permitted and the plans appeaz to confirm that. Additionally, it is the desire of adjacent homeowners that the azea designated as an activity envelope should not be allowed to be cleared of vegetation, and any impacts to vegetation should be fully mitigated. The activity envelope appeazs to rlm to the edge of Aspen Oak Drive and consequently, the District wishes to be allowed to review a set of construction plans prior to the issuance of a building permit in order to determine potential impacts to roads and District Facilities. Sincerely, By G eac t District Manager BMD r(~,beachresource.com 0275 Shapiro-39 polecat lo[ line adj .doc I ~--~' ~ Mike Kraemer January 9, 2009 Pitkin County Community Development Aspen, Colorado Re: Lind Koppel subdivision Minor Amendment Dear Mike, We have studied this new application quite extensively, and are not too pleased with the potential house size that could end up on the property since everyone will be looking right down on it when they drive over Watson Divide. But we realize that all the previous applications when they got permission to build the 11,250 square feet came before we had submitted our Master Plan for the Snowmass and Capitol Creek caucus area. We are pleased with the different concessions that the previous and current owners have taken to make the project more environmentally attractive, and to minimize the impacts on the community. We approve of the changes requested in this Minor Amendment, since they make this a better project. We would like to point out to you a paragraph from a previous approval that probably will reduce the size of the house below 11,250 square feet. On page 11 of the December 30, 2005 Protective Covenants agreement, the previous owners agreed that the total Floor Area would be 11,250 square feet, but this total includes a portion of the square footage of the agricultural buildings. "A portion of the floor Area of Agricultural buildings located on the property shall count against the Propert~/s total allowable Floor Area..." It appears to us that the owner should submit a master plan for the property which includes the square footage of any existing and proposed agricultural buildings before being issued a building permit for the main house or the CDU. We want to make sure that the current owners comply with this requirement. We also would like to make sure that the owners comply with Colorado Water Law and obtain the proper water rights before building the 2 ponds on the property. Their use of irrigation season water rights on a year around basis to keep the ponds full during the winter could have an impact on the minimum stream flows and the health of Snowmass Creek during the low winter time flows. Thank you for the opportunity to comment on this proposal. We appreciate your help in answering our various questions about this proposal. Sincerely, Steve Child, Snowmass/Capitol Creeks Caucus o-f ~~ T~I O ~ ETA Pitkin County Community Development 130 South Galena Street Aspen, CO 81611 Re: Creekside at Snowmass LLC Site Plan and Minor Amendment to a Development Permit Case P136-08 Community Development: My wife and I own and reside at the property across Watson Divide from the subject pazcel. We have no objection to the proposed amendments and look forward to having neighbors on the property. Sincerely, Scott Sullan ~o~~ 970 927 0959 bhike@comcast net riozeta@comcast net 2005 Watson Divide Road, Snowmass, CO 81654 PITKIN C~JNTY COMMUNITY DEVELC~AENT Permit Receipt RECEIPT NUMBER 00026877 Name: 39 Polecat LLC Date:10/22/2008 Project Address: NO ADDRESS ASSIGNED Type: check # 2027 Permit Number Fee Description 0125.2008. PLAN 0125.2008. PLAN PP- Flat Fee PP-Clerk Tech Fee Total: Amount 1.746.00 25.00 1.771.00 Cn o~ ~n ~~ No ~t: E12 ~h :N-,~.t.\..~,,.~,-«~~...t;K....~~„~~.. ~~ P~LE^Aa v?i, ; SI;A:~Za~~JsI7~~IV:S~N vXEh;P'F'I~N =~~ ?~T ? ~N~ >< : ,..~,„~._,.>,k~. x~_ R.Nu 3~ r~'ii.P~RT MiN`J~ f:M$Ni~A2PN'T a~ R ~P,JCL~:~h3N± P=,~cItlFi ~~g n+~- R9 a s nnsx `-`~. s. wt F ..n Y{NT t. G sP t4~Kli .t _ ~~~ ems: .tuE n. cn -.g ru .v. <~ rte . +k u ~ M'M31e~ - :..t-v -~ .~ v ti.~o~ ~ res. i s~ 4 2t: eg. a , t.i - • .~, e. .. svs,. a '.e }~rzx .v ~ _ `w`ee a .+ .n. . A~,;LJSTM~Na o..t. , t. r,~.r. /I` ,. vc x ))t //f~\\ ~. Sv L O. CDMNON AAEA LOT e / / i / ~ . ~. ASPg,~ ---... R~-P + - OAX LY_ ~'~ SftAP RO OT 9 _~~-.~~ c_.u3~a LOT 5 ~~ ~a i' HR i-~ ~ 3~: -_a a~ ~. cNAPi RD -ia s9 PDL SCar L '~~• ~~ •`. ;,; UEr' ~ \ f°~P \ V'tM1C c~ _ 3 c_.~E ~' ~ ~ ,~ '~ ~\ ~ ,` 1r ~ 39 PCLiCAT LLG T'J- SFiAP:RO ~5 tiNPLkTTED VNP CATTED ~. a { ~ ' ~)~~ ~ .E-3~P t~ y'~, w<aa :. CtANON A0.EA i9 POi ELAi L1C LCF I9 ' t M. - ~.. w L - _ -. 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"""~. -a, .k r acav re p1 a\a ~q{) t < r tF rt aC'frif!HE e.. r y14;. x ~`ec a.m m. )fie fb f Y X ~ ~ J~a - e~ i )~'n 1! E M ) ~: 1 51 .N ~ 3.. H . '' ': t.'.6. 9 .<.e> -is, r.+[ .M fFMn ~ z ~T$ Pte.. as ~~ E ~ .. c-v.. .=a=yea. _. >a;~.E/-b L?4t 433-?d.@ ) ~FqP .ra LARGE PLAT(S) AVAILABLE TO VIEW AT COMMUNITY DEVELOPMENT AVAILABLE TO BUY AT CLERK & RECORDER ~. ,