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pitkin.planning.273503200013 (2009)
~Q~TJIVY~I~'I' I.A~i'~?TJ'~' T~IIS I+ILE MAY OIL 14~FAY NOT CONTAIN ALT. OF TIE INFOFZMA ZION LISTED BELOYJ IN TIE I+OLLO,Fr'FNG OP.FSEIL Sstfncnary Sheet I2esointion ffor the BOCC a~a~/or P~~ Oreiinance ffor tEae BOCC anei/or Pcx~ I9eternaination ffor She Nearing Officer Adaninistrative I2eter€nination Staff Memo Application Peablic Notice, Acceptance Letter, Refferrai(s) Letter Site Plan Miscellaneous Plat(s) Parcel ID: 2735-03-2-00-013 Application Date: 4/2/09 Case No: P028-09 Description: Planner: Mike Kraemer # Copies: 1 Allocated Hours: 3 Project Address: 101 OAK RIDGE DR, ASPEN, CO 81611 % Over Hours: 3.2 Property Owner: ROARING FORK HOLDINGS, LLC Owner's REP: DOUGLAS L RAGER REP's Email: doug@dougragerarchitect.com Address: 308 RED TAIL DR BASALT, CO 81621 Address: PO BOX 481 ASPEN, CO 81612 Owner Phone: (703) 799-045 REP's Phone: (970) 927-1780 Referrals: ALL OTHER REFERRALS Comments Due Date: Meetings: 1st Meeting: Meeting Date: Review Body: admin Public Hearing? no Notice Date: Meeting Notes: Other Referrals: Buttermilk Metro Dist. 4/23/09 2nd Meeting: 3rd Meeting: Approvals: BOCC Resolution #: P&Z Determination #: BOCC Ordinance #: HO Determination #: Admin Determination #: 029-2009 #558692 Other Information: VR Approval Date: Plat Recorded Date: 05/08/2009 VR Expires Date: Plat (Bk, PG): B91 P14 #558697 Remarks: no vesting Application Type: Minor Amendment to a Development Permit ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF P1TKIN COUNTY, COLORADO, APPROVING THE ROARING FORK HOLDINGS LLC MINOR AMENDMENT TO A DE VELOPMENT PERMTT Administrative Decision No~--2009 RECITALS Roaring Fork Holdings LLC ("Applicant°), has applied to the Community Development Director of Pidcin County, ("Director"), pursuant to Section 2-20-150(b) of the 2006 Pitkin County Land Use Code ("Code"), to amend previously approved building envelopes for construction of a septic field for a new residence, realignment of a driveway, and incorporation of an existing horse shed into an envelope. 1. The parcel is in the AR-] 0 zone district and contains approximately 5 acres. 2. The parcel is located at 101 Oak Ridge Drive and is legally described as Lot 3, Aspen Oaks Subdivision. PI D#: 2735-032-00-0 13. 3. The parcel received 1041 Hazard Review approval pursuant to Heazing Officer Dethnnination No. 17-2005 (Reception No. 511038). The building envelopes were recorded at BK 79 PG 37 (Reception No. 524] 41). 4. The Buttermilk Metro District and the Aspen Fire District were referted on the application. The Metro District wished to look at driveway plans at access permit submission and the Fire District approved the plans with no conditions. 5. The Applicant has submitted an access easement that was signed by the neighbor at 103 Oak Ridge Drive. The Applicant has also retained a professional septic engineer that has certified the location of the new septic field and the pipe that will run to the new field. The pipe envelope is requested at 15' wide through a gamble oak stand. The lazge width of this envelope will enable the pipe to be routed between the larger trees. 6. Envelope amendments for the driveway have been proposed on slopes that exceed 45%. It is apparent that these slopes are a result of the existing driveway cut. Pursuant to section 7-20-20(c)(3), these slopes can be wnsidered anomalies and acceptable for development. 7. The Director finds that the above mentioned requests to amend the previously approved building envelopes comply with the standards of section 2-20-150(b) and are subject to the conditions outlined below. APPROVED by the Director, subject to the following conditions: 1. The Applicant shall adhere to all material representations made during the application process. 2. All conditions of Administrative Decision 17-2005 shall apply unless otherwise amended by this approval. 3. To the greatest extent possible, the Applicant shall avoid significant gamble oak as a result of septic field construction. The Applicant shall document all trees 6"d.b.h or greater that are removed and submit, for a review and approval, a mitigation plan that shall be implemented prior to certificate of occupancy. 4. Prior to issuance of any future permits, the Applicant shall be required to submit for approval by the County Attorney and Community Development a Site P)an with an amended Activity Envelope in accordance with Land Use Code Section 2-30-20(g) and Application Manual Section 2.1.12. The above referenced approvals shall be a condition precedent to finalization and recordation. 5. 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 this property, or vested rights associated with this property. APPROVED by the Director, this ~ day of C~~tit C Q~ s_~; ~N Cindy Houben, Community Development Director PIDH 2735-032-00-013/Pn28-(MI 2009. RECEPTION#: 558692, 05/08/2009 at 10:08:08 AM, 1 04= 1, R $0.00 Doc Code ADMIN DECISION Janice K. Vos Caudill, Pitkin County, CO PITI{IN COUNTY PRE-APPLICATION CONFERENCE SUMMARY LOCATION: 101 Oak Ridge Drive PID# 2735-032-00-013 ZONING: AR-10 OWNERS: Roaring Fork Valley Holdings LLC REPRESENTATIVE: Doug Rager EMAIL and PHONE: duutw dougrafferarchilect_cnny 927-1780, 279-4] 12 DATE: July 25, 2008 PLANNER: Mike Kraemer, 920.5482 Type of Application: Minor Amendment to a Development permit Description of Project/Development: The Applicant is requesting approval for a Minor Amendment to a Development permit to a previously approved 1041 Hazard Review building envelope for development of a septic, driveway, and construction activity. Land Use Code Sections to be addressed in letter of request (aoolicationl: Sec. 2-20-I50: Minor Amendments to a Development Permit Sec. 7-20-20: Steep and Potentially Unstable Slopes; I' Stafl'w411 refer the application to the following agencies: Q~C~w-i ~~ ~~~ '~~~~ `r { Review by: Community Development Director Public Hearing: No. FEES: $'148 (make check payable to "Pitkin County Treasurer") • Planning Office flat fee: $748 (non-refundable; based on 3 hours of staff time for review); if staff review time exceeds 3.2 hours, the Applicant will be chazged for additional time above 3 hours at a rate of $249/hour) To apply, submit I cony of the following information, unless noted otherwise: 1. Summary letter explaining the request, providing background on prior approvals and permits, and addressing compliance with the Code sections listed above. 2. 24" by 36" and 11" by 17" amended activity envelope as designated in Section 2. L 1 and 2.1.12 of the Pitkin County Land Use Application Manual; 3. Previous Land Use Approvals (if applicable); 4. Proof of ownership of subject property; / 5. Parcel description, including legal description and vicinity map; f, i / r ~~ j' , c 6. Total fee for review of the application; 7. Signed fee agreement (1 copy); 8. Consent from owner(s) to process application and authorizing the representative (1 copy) 9. Copies of this pre-app form NOTES: - PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COPYOF YOUR COMPLETEAPPLICATION.. PLEASE SUBMITTWO-SIDED COPIES OFALL REMAINING COPIES OF YOUR APPLICATION (IF POSSIBLE). THE PARCEL IDs SHOULD BE INCLUDED ONALL DOCUMENTS INCLUDED IN YOUR APPLICATION. - ALL MAPS SHALL BE FOLDED. - This pre-application conference summary is advisory in nature and not binding on the County. The information provided in this summary is based on current zoning standards and staff's interpretations based upon representations of the applicant. Additional information may be required upon a complete review of the application. 0 ©ii ?J ~ 1 tJ-~ 3~ ~ ~.~ p,.,4 . A ,~~ /!.. PITKIN COUNTY PRE-APPLICATION CONFERENCE SUMMARY LOCATION: 101 Oak Ridge Drive PID# 2735-032-00-013 ZONING: AR-10 OWNERS: Roaring Fork Holdings Va11eyLLC REPRESENTATIVE: Doug Rager EMAIL 8 PHONE: doug(a~dougranerarchitect.coMn,927-1780,279-4112 DATE: July 25, 2008 PLANNER: Mike Kraemer, 920.5482 Type of Application: Minor Amendment to a Development permit Description of Project/Development: The Applicant is requesting approval for a Minor Amendment to a Development permit to a previously approved 1041 Hazard Review building envelope for development of a septic, driveway, and construction activity. Explanation of Request: This residential property poses issues due to access, a neighboring well, and construction activity. Driveway access: The property possesses a driveway easement from the adjoining property, as the property line does not connect to the road. The driveway access is located on the far northwest corner of the property with no other road access available. The current easement and driveway location do not allow for proper access for the fire department, with the radius of the drive off the road is too tight and the current drive to narrow. We have obtained a new driveway easement and consulted with the fire department to address their concerns wfth the current drive. We are proposing expanding the current drive to 20' and creating a radius at the entrance with a minimum 29' interior radius. We do not propose changing the slope of the drive. However, the current drive is cut into the slope and in many areas the slope of the cut is greater than 45 degrees. This has created an anomaly with the position of the driveway to the home. We will use retaining walls and keep cuts to a minimum in the already disturbed slopes. We are requesting an additional area near the proposed home for access envelope expansion to allow for greater turn around and maneuverability. Neighboring well: A well was discovered on the adjoining property. The owners do not plan to abandon the well. The 100' and 150' radius from the well head has greatly diminished the size of the new septic system wfthin the previously approved waste water disposal envelope. Therefore, we are requesting an extension to the northwest area of our property in order to replace the area lost to the well. The new waste water disposal envelope is located on slopes that are less than 30 percent. Construction activity: The approved building envelope for this property is very long and narrow. It was drawn just outside of the walls of the current home. There was no activity envelopes for construction given in the current 1041. The east side of the activity envelope has steep slope conditions and will not allow for construction activity outside of the building envelope. We are asking for activity envelopes to allow for connection of the building and south side of the envelope at the unusually narrow center of the building envelope. This would allow for construction activity between the north and south end of the building envelope. Background of Prior Approvals: The property has a current 1041, the Maresi 1041 Hazard Review and Conceptual Submission, approved May 17, 2005, Book68, Page 81. We also have authorization from the Pdkin County Board of Adjustment that allows a variance of the 50 foot setback of the NE building envelope due to unusual narrowness, shallowness of the approved building envelope. Sec. to a ~®ll'„~~ Steep and Potentially Unstable Slopes; Sec. 2-20-150: This development permit meets the criteria outlined in section 2-20-150 (b) for a minor amendment definition. The amendment would allow for the property to use the previously granted rights without changing the intent or use of the property. Due to new requirements for access, construction activity and a neighboring well the ability to develop the site has created unforeseen hardships. " (1) Is consistent with action(s) taken during previous development approvals for the property; and (2) Does not change the use of the proposed development between residential, commercial and tourist accommodation uses; and (3) Does not change the basic character of the approved use of land on which the activity occurs, including basic visual appearance and method of operation; and (4) Does not constitute a new land development activity; and (5) Does not increase off-site impacts in the surrounding neighborhood; and (8) Does not endanger the public health, safety or weffare; and (7) Does not violate any Land Use Code standard; and (8) Does not substantially increase the need for on-site parking or utilities, or affect affordable housing generation; and (9) Does not increase the floor area of the use by more than five (5) percent or decrease the open space on the site by more than five (5) percent " p ? i d Sec. 7-20-20: This access to this property crosses an area with a minor slope anomaly. Under sub-section (4) "Existing Roads and Driveways" The improved drive would'Yraverses previously disturbed slopes equal to or in excess of thirty (30) percent." (a) The current driveway was constructed with the home on the property in 1986. (b) The current driveway connects to garage of the home connected in 1986 and will connect to the garage of the planned home located on the same spot. (c) The new drive does not impact previously undisturbed slopes and will improve the driveways width, grade and curvature to comply with the standards of the Pitkin County Road Management plan. (d) Through coordinated design with the fire marshal, the improvements will meet or exceed requirements for emergency response and vehicles, in width, grade, and curvature. (e) HP GeoTech preformed engineering analysis for the retaining and slopes. Their recommendations will be used for slope and retaining construction, as not to cause greater instability or increase the potential for slope failure. (See attached letter, exhibit A.) (J~i~liG~3 a C~ecPtech HEPWORTH-PAWLAK GEOTECHNICAL March 27, 2009 I I~I~~r,nrli I'. ncli4. l ~, ~ ~~~, Iun",~I. L., ~~,~, ... l1Lu",~, ~.I ~l~nii~~. ~ ,d.n.~J,~-Irn I F.iv a7~~ ,i:}S,ti~S~ vcnl: I q.,.~ ~;el,l„~„,i~, L., ,.... Roazing Fork Valley Holdings Attn: Doug Leibinger c/o Doug Rager, Architect 1780 Snowmass Creek Road Snowmass, Colorado 81654 Job No. 108 220A Subject: Proposed Driveway Cut Slopes, 101 Oak Ridge Drive, Pitkin County, Colorado Deaz Mr. Leibinger: As requested by Andy Jizba with Doug Rager Architect, arepresentative ofHepworth- Pawlak Geotechnical, Inc. observed the subject site on March 19, 2009 to evaluate the exposed driveway cut slopes with regard to the proposed driveway widening. The findings of our observations and recommendations for the driveway construction design aze presented in this report. We previously conducted a subsoil study for design of foundations at the site and presented our findings in a report dated May 13, 2008, Job No. 108 220A. We understand that the existing driveway will be widened by 3 feet on both sides. The cut slopes will be retained or will be slopes at less than 30 percent. The previous residence at the site had been removed. There was up to 2 feet of snow in the driveway area. The driveway cuts through a small knoll with the higher cut on the south side. The south facing driveway cut slopes were free of snow. We observed that the existing cut slopes are unretained and the exposed soils to consist of silty sandy gravel with cobbles similaz to the subsoils described in our previous report. he cut slopes are up to about 6 feet high and are sloped at about 1'/z to 2 horizontal to 1 vertical. No evidence of slope instability (ground cracks or slope bulging, distressed vegetation) was observed. No water seepage was observed in the exposed cut slopes. We expect that widening the driveway will increase the height of the temporary cut slopes approximately 2 to 3 feet. Temporary cut slopes on the order of 1 to 1 should be feasible at this site with some potential for raveling and erosion. The risk potential for major slope instability or "slope failure" is remote. The cuts will be retained with engineered I'',lI-~. cl- il~j-,~-l~ i ~ ~~I • l ~i ~~igA~~u ~I',Illl L'c j ~~-Liiii-~'1h.' • '~i~Vt'I~I~L flu '~~.~ ~I~,J ~'~~ti~l V IJ II ;;VY Roaring Fork Valley Holdings March 27, 2009 Page 2 retaining walls. The retaining walls should be designed for the pazameters given in our previous report. The recommendations submitted in this letter are based on our observation of the soils exposed within the existing cut slopes and the previous limited subsurface exploration at the site. Vaziations in the subsurface conditions below the excavation could increase the risk of slope movement. We should be advised of any variations encountered in the excavation conditions for possible changes to recommendations contained in this letter. If you have any questions or need further assistance, please call our office. Sincerely, HEPWORTH - PAWLAK GEOTCHNICAL, INC. Danie] E. Hardin, P Rev DEH/ksw Job No. lUS 1GUA l~eC7ieQ'1 ~O~~''CS AMENDED MARESI ACTIVITY ENVELOPE PLAN A PARCEL OF LAND SITUATED IN THE SWll4NW1/4 OF SECTION 3, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH P.M. ALSO KNOW AS LOT 3, ASPEN OAK LOTS COUNTY OF PITKIN, STATE OF COLORADO PARCEL NO.2735-032-00-013 W icun~rS ~ ~~ ~Q~~n~ - - \\ ~~ DETAIl. A CRAPffiC 3CA[.E (sBSe) xr-s a ecoenTV Ueacamrrma A eucv, axAxm amAfm aiy soDrewasxpBAHmff>yNCWi%waW 40uTSf D~esawio Se*°Pw s'v wmx uxsaswuT mry m:ramaeACSmmw•. HBV4dMO AS APOPT W65N®i® WOIe Oeuui}ACZIAl65AID5aC11MalyAP3 Sn•OHP63.1]S65FQI, TBWS SVTW W %1 W Fyf.]B@r9M5•NDO'W 55 W Pyi. 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M.®ApD.A} W[R _4,Miffi DAYQ ,Ia_.AND6DRTy2pD®INVY2 SEP. 6.200b 12:35PM CONR~IUNITY DE4ELOPMENT N0. 8405 P, a X11038 SItv[a ppVt6 VItXtN 1b1At1Y rA R •.N D 0.0a AETJ1+RlVIINATION OF THE HEARING O1rFlCER 01+' PTTKTN C017NTY, COLORADO, GRANTING APPROVAL OP TH1C MARESI 1041 HAZARD REVIEW ANA CONCEPTUAL, SUBMISSION Determloation No. J~ 200d I . Beatrice lvlarosi ("Applicant's has appllod to the Pitkm Couuiy Heermg Officer for 1041 Flezatd Review and Coaceptnal Submissi~ to ostablieb a buikliog emvelope around the existing itrgarovemataa (residence and garage) on the properly and to allow for fidnro additions to the residence. The Applicant ie also ragttastiag ttpproval to establish a development etrvolope for a tww septic system. 2. The property ie a motes end bounds parcel located applmdlnately 1 stile up the West Btttbermilk Road at the top of Oak Ridge Drive. The property is addressed as 0101 Ork Ridge Drive. Tbo property isthe sewed house onth~ right aide of Oak Ridge Drive. The propsry is more specifically described in }sxltibit A. 3. The propaKy is zoned AFR-10. The property confams approxuatatoly S.Ol l awns and is Itotw conforming in sin. 4. The property is'lacatad widtitt the Urban C3rowtlt Boundary. 5, The Iiaering tOfPicer, at a duly noticed public hearing onMay 17, 2005, reviews! this application, and at which dune evidence and tertimeny were prosentad wilt respect ro dris application. 6. The hearing Officer finds that this application proposes development in the bast possible location, artd than the proposal is in comPliaoce with the applicable Standards of the Firkin County Land Use Coda NOW 1~LREFORE BE IT RESOLVED bythe Firkin Cotmty Hearing Officartbat ha does hereby grant approve! to the Maresi 1041 Hazard Review and ConcepAlel Submission, subject to the fallowing wnditioas which shall run with the lend and be binding on all successors in interosh Tlta Applicant shall.adhare to ell material repreeeatatioas made in the application and public meetinge. 2. Prior w submittal of any building permit applications, the Applicant sha11 record a 24 x 36 iarA mylar 10A1 Iiazard Review Site Plan in accordance to Soctioa 5-70-040 of the Land Uae Coda. Tho site plea shall also be submitted is a digital format for integration into fire County Geographic htformetion System (GIS). 3. Wildfire mitigation shell ba as follows: A. 72efensible Sosoa 1. The uea around all structures shall inDOrpn[ate landscaping with wildRre defensible space considerations as follows (NOTE: Actual vogetation manipulation to meat t ~~ / r F J' F '' ~.r~. 0~1~€'C'1 SEP. 6. 2006 12:35PM COMMUNITY DEVE'L`OPMENT ppl, N0. 0405 P, 3 ' PaterminationNo. 1,2003'-~ ~~~~ • ~~ 5~ X38 a 8 oeie~izeee ez;xsi iILVIR DAVIa DITKIN ODUNTY CO R ®,0a D 0.00 these conditions may sot be aecesaary where dse natural vegetation pattesns have aheady fulfilled these condiions): a, Brush, debris, and son-ornamental vegetation shall be removed within e minimum 13-foot perimeter around DID Vegetation in this wieashall be at 6" or less (i.e. mowed grass. low-growing perwfnisls). No vegetation taller than 6" shall be planted is this area. Any combination of mulch, hardeoape (i.e. sidewalks, ages, etc.) maybe uG'lizad. b. For a distance of I00 feet is every direction from the structlves, thin and clwmp existing oak/serviceberry. The 8lameter of the oltlmps that relnaia shall ba no larger than 2 times the height of the existing oaWservioeberry. Tho area between iho clumps shell be no smaller them 3 times the heig)nt ofthe oak/aavicebarry. This area bahveen the olum~ shall havegrass-like (i.e~ nanwoody) plant materiel. The lower lambs ofthe oak/servicaberry in the chmlps shall have We lower limbs removed up to ]5 the total height of the plant to eliminate ladder ftlels. Ladderfuels are low growing btanohes tbat could carry a ground fire into the crowns of the urger woody Plants. c. The lower br~chas of all shrubs in the chrmps should bo Iemoved up to half the total height to eliminated laddat fools. d. AU braltelwT which extend over the roof eaves shall be trimmed cad all breaches within 15 feat ofthe chimneys shall be removed e. The deasif<y of fiats within a 100-foot perimeter oftlre strrscture shall be reduced. f. All deadfiltl within the'100-foot perimeter shall be r~soved g. Tho Applicant sha[I be responsible for tins continued maintenance of rho defensible space vegetation requilemems. B. i. Roofi:'ehelIhave anon-combustible roof covarlug on a Clew A assembly. wood shal~Jshingle roof aovmmg era prohibited is all wildfire hazard areas. Roofs with leas then 3:12 pitch ere not pemllttad in 1041 Wildfao Areas unless they comply with the followlag: e. All roof coverings shall be noacombnatible materials as defined in the Uniform Building Code (UBC)1997 Section 1504 and installed on a Class A roof assembly. b. All roof coverings shall have a surface that shall facilitate the Ilatural process of clearing the roof. c. All roof design ahaU facilitate the nansrat process of olearing roof debris. Protrusions above the roo8ine, such as parap~s, shall bo prohibited d. Roofs shall be installed ae required by UBC 1997 Chapter 13 sad skull have a minimum slope of I:4g, !J4~yilf.~g SEP. 6.2006 11:35PM COMMUNITY DEVELOPMENT N0. 8405 P. 4 DerermMaTtonNo. tL-aooS~-" I ~~~ ae1 7~sws oz:231 Page 3 Page: a or s Bn.VIa DaVIS PITKlN COWTY 00 R •.e0 D •.e0 e. All roof designs, coverings, or equival~t assemblies shall be specifically approved by the Fire Marshall prior to submittal of a building permit application. 2. All vents shall be screened with corrosive resistalrt wire mesh of one quarter inch maximum. C. Maintenance: 1. Roofs and gutters shell bo k~Tt clear of debris. 2 Yards shall be kept clear of all litter, slash, and flammable debris. 3. All flammable materials (nolwdiDg flcevrood/wood piles) sba11 be stored on a peraliel contour a minimum of l5 foot away fiom arty stntonue. FireweN/'tvoaiod piles shall be stacleed on s paamllol contour a minimum of 15 feet away from all slruetmw. D. Miscellaneous: 1. ' Swilmnmg pools shall ba aoceesibk to Firo Department vehicles. 2. Fences shall ba kept clear of bru~I and delais. 3. Wood Ponces shall not be connected to the structure. 4. Fuel tanks shall be inataliea nndergromtd with an approved container. 5. Each structure shall Lava a minimum of one !0 lb. ABC fire acdngtlislter. 6. Addteeees sLaA be olear~y mas4ced sad visibks with minimum 2" nam-combustible l and stall be clears vietble at the primary point df access from the public or twltnmort • acoossmadand installed on anon-combustible post. , 7. Aqy ontb!lildiD,gs or additional bnildinge shell adhero to the same akmdmds a, strucNrea. 8. Propilla tanks shall ba ituaeRed acooldiag toNFPA A8 standards and on a contota away from the snttctt>ra with standard defemsible space vegel~slion mitigation around say abovatground tank. Any wood enalostae arotmd9te tank stall bo constructed with mereriels approved for 2 hour fire-rwisliva cxltstru~tice on the axbaia lido of91e walla. 9. E. 1. Utility liules shall ba burled. 4. No devolopmellt, including grodmg, accoavation, fill placement, barrniag, hmdscaping, entry or lauch gates, conshvction parking or staging and vegetation removal or disturbance sLeU oaour ouUida of the approved building or development eavelopw unless otherwise specified in this document, such as necessary wildfire mitigation. UTility extension and maiMeTtance sha11 occur ®+l"C~3 SEP. 6. 2006 12:35PM COMMUNITY DEVELOPMENT N0. 8405 P. 5 DararmtnartonNo. j'~ -2003`' I~ ~~ ~~ 10`8 Paps: 4 of 8 P~ 4 aILVIa GWii PITKIN COIa1TY M R e ~ ~~07p~~~ Z'2t1 within the approved building or development envelope and/or within the approved driveway alignment. 5. All arena diatnrbad by wnaruction shall ba rovegetated with rutive shrubs and grasses to limit watar consumption end additional nmoffwidiia one growing seasoai ofthe project's completion. Landscaping and revegetatinn on the property shall utilim ]ow water (xarisoaping) native plant materials and conrspts. 6. The Applioent shall comply whh the following wildlifa mitigation: A. All waste storage shall comply with Wildlife Protection Ordinance No. 010-2001. Prior to Certificate of Occupancy, oaimplianoe wilt the ordinance shall be verified. B. Fencing outside of rho building envelope is prohibited with exception ofthe fencing surrounding existing stable and corral areas. C. Native vegetation shall by preserved oubide of the building and geptio system envelopes, with the exception of any thimiiag and spacing required to accommodate wildfue mitigasion_ D. Aqy vegetaotion altered for.an access road, utility line of aimilat use must be replaxd with vegetation equal in type and quantity to that being removed axording to a mitigation plan approved by the Couny Wildlife Biologist pursuant td section 3-80-080(Ax4) of the Pitlan County Land use Code. ]i. Fruitrbesriag trees and shrubs should be avoided in any laadaceping. F. Wood £encing ahaq employ ffiree rails or leas, be rho round or split rail type, shall not excxai 48 inches in hsight above ground level sad 12 inches in width (top view), and sha11 have at least 18 inohea between two of the rails. Wire fencing shall wnsist of no more thmt 3 strands of smooth wire and shall not exceed 42 inches in height. 7. Prior to submission of any new building permits for new development, the Applicant shall submit a mitigation report from an ' or geologist licensed in the Stems of Colorado for arty new developm~rt an slopes ip excess of 15%. The report shall derrionsirata that the sits can be engineered in suoh a way that these is no hazard posed, and shall show the area of disturbed slopes, etry re-grading required and the sine sad location of all mitigation devices. Anynew development shall be conditioned upon compliiiuce with Ere report 8. The Applioaut shall comply wNh all codes and requirements of the Aspen Pine ProUection District 9_ The Applicant shale submit a Drainage and Brosion Comrol Plan to the Coutrty Engineer far review end approval, prior tc ~e submittal for any building permits. The plan shall address the management of rmioff'during coasnvctian and after oonshvodon is cromplmte. 10. Prior to eommencemmt of airy eerthmwing or consWCtion activity, the Applicant shall stake rho cgrner~s ofthe building envelope and install oot>atrpction Yarioingaround the perimeter ofthe building envelope. Tho fencing shall xemarin in place until iaspance of certificate of occupancy. 7 i. At the time of building permit application submittal, the Applicant ahaII submit, for review and approval by the County Engineer, a Conawetion Management Plan in acwrdenco to the Asset Management Plan. The Construction Management Plan shall indioeto that vehicles associated ~J(Ba?~10 SEP. 6.2006 12:39PM COMMUNITY DEVELOPMENT N0. 8405 P. 6 varerrntnattanlvo.j~-loos`' I~~ ~ 511038 Po e s ~ry~+®TM P~ya: B of 6 8 08/8~t/deeS 82:211 aILVSA DAVI6 Pi7KIN DD R 8.08 D 8.80 with construction (i.e. employee traffic, cona6vction vehicles, staging and deliveries) shall not violate County Law, auc11 as parltiag ou County rights-pf wre~y. 12. All lighting shall comply with the regulations ofthe Land User Coda 13. Roof materials shall ba non-refleetiv®. ` 14. All development must comply wish the provlslms of tlu Pitidn CountyNoxioua'Waed Managemaat Plan. I5. PursnaRt to Ordinemxc No. 022-20~, the Applicam is aubjaG to the Pau Slfare Raquiremants and shall pay a road impact fee as calculated ffi the time of building permit issluuab. 16. Statutory vested rights for the approval oolrtailted basin are granted. pursuant to the Pitkin County Land Use Code and Colorado Statutes, aubject to the scceptione sar forth in Pitltin Comity Land Use Code, § 4-140 and C.R.S., §24.68-105. The statutory vested rights granted herein shall oxpfro on May 17, 2008. NOTICE OF FUBYdC )EIEAR7NG~ P[1BTAS1`IEA INTHE ASPENTIME.4 ON TFI$17m DAX OF APRIL, ZOOS. . APPROV)8p AND ADOFTffiD ON T1it117m AAX OF MA,Y, 2005. VESTED RIGHT NOTICE Pi181.L4H@D ONTITE IZ-+hAAY OFD, Z~3. ATTF,ST: Janie 'ayllor, ~ ` Admiltistrative Aesistam APPROVED AS T'O PORN: s y, 0 Cane#P026-OS 273503200013 T4EARINO OFFICER OP PTTKIN COUNTY, COLORADO times R Tntq ~lieermg Officer Date: y //~'/~,5"- APPROVED~ AS rT0 CONTENT: ~~~~~~ =11Se.t7t~~ Communhy Development Ditnota 3 ®". ~' ~ ~.. t~. i WARRANTY DEED T'FI$ Dli&D, made this 6th day ofFebnimy 2008 between: Butrlce 11Lra1, u Oramor and Rosrhrg Rork Valley Holdmgq L1.C, a Colaedo Limited I.tablllty Company, v41h a nreiling address of 308 Red Tag Drivq Bush, Co]arado 81621, u Ornnma WITNL49STH, that the Cheraw, for and in eonidaretion of the sum of Ten and 00l100e Dollars (510.00) and other good and veloable conideretlon, the raeipt and mfficlenry ofwhich is herby ecknowledgpl, hn goaded, bergafind, sold and convoyed, and by these prevents doe gtau4 brngain, seB, envoy. snd confirm, unto the lTramoO and its satsaems and eavign fmavm~, all the nal property, mgahar with Improvements, iYmy, aitueae, lying and 6aiog in 1bo County oYPltkm, Stine of Coioredq dasctibed u follows A parcel o[ lead ameted m the Bonthwest Qoartor of the Norlhwert Qaerty Section 3, Township 10 South, Range 85 Wat of the Slztb Prlnclpa MerWfan, described 9a fiBowe: Beginning et a point whence the South Quarter corner ofsaW 8oetlon 3 burn 8onth S7 degree 07'98" &ea 3,(72.65 feet; Thence 3oaW 33 degrees 53'00" Wea 36L00 fort; Thence North 18 degree 56'00" West 55.00 tea; Thence North 34 degrox 05'00" West 32L14 feet; Thanes North 45 degreo 1900" West 223.75 IBa; Thence North 23 dogrea 38'00" Wea 82.84 feeq Thrace North 48 degrees 01'00" Wet 91.53 feel; Thrace North 26 degree 4T00" West 8'7.01 feet; Thence North 67 degrees 00'00" liar 373.00 tent; Thence 8oath 36 degree 03.53" Rest 566.19 icet m the point of bagianiag. Pkkin County, Colorado also known u: Lot3, Aspen Oak Lots, Phldn County, Aspen, and ae saes number:101 Oak Rldga Davq Aspen, Colorado. TOGIBTHBB with all and atagtrler the bereditameWa and apputtmances (harem belonging, or is anywise eppateinhrg, and dre reversion and reversion, nmemder and rememdas, rm4, loons and pro0b thereof, and ell the eetatq right, titlq imaes4 claim and demand whamoover of the Grantor, either in law w egmty, o~ in and m the above bergamed promisce, whh rice haeditamenm and appurtenamxe. TO HAVB AND TO HOLD the said promleu above bugeioed and dasuibed wtlh the appurtenances, mm the Grmtaq his hairs aml assigns forever. And the Gtahmr, for harselh liar lairs and peteohd telaeeentetivu, does covenant, 8na4 bargain, and agile m a~ vrith the Orantae, its suocaaors and assign, that a the lima of the aoeadiug end delivery oftheae pnsente, she is wall nairAd oYtho ptudsm above convoyed. hu good, ann, pdfec4 abeolrae and indefenable setae ofmherlteueq in kw, in Om eimplq and hu good rigid, thll powm and authority m Srm4 bargain, sail sad eom'cy the soma in mama and form as tdoreaRid, end (bertha sumo me flea sad clear from all former and othm~ grate, bargains, sales, Ben, toes, auemnean, encrtmbrmcee, and tesMdion afwhatever !~ w oatma soevw, except geamal taxes forthe coarsen year and wbsequent yams. and all uaemmte, wvenauty, conditiens, rastricdona, reservations, andrighte of way ofraoond, Bony, including burns( llimiteimd m those sa (bath in lExhibft A hereto. The l31entor shell end will WARRANT Al'm FOB6VBR DIiP'EI'7D the above bergainedpromixs mthe quid end peaceebb poaseasioa ofthe Graane, Iq succuwrs end eadgn, agpduat all and evory perm or pmvons lawfully claiming the whole w my part thetao£ IN W1TN13SS WHgRBOF, Ore Grmmr hu exewtod this dead u ofthe date as forth above. anti -_ Butrice Marasi STA7B OF COLORADO ) ks COUNIT OF PITICIN ) The foregoing intnrment wu ackaowlodged before ~ this day of February, 2008, by Bmkice Mareai. as Grantor. ley commtseion expina: ~1r7/OZ/2!'>'7 Wimees my hood and official creel. N:VAa1NSIWNaWgeNferori OWD 07.0608 didoe ®1!, EXHIBIT A 1. Ta:ea and aerasmenb for the yeu 2008. 2. The effect of tndustone to any geaerd or epaciIIc water coaeetvanry,fire protection, sod conservation or other district or indnaion in any water service or street improvement area. 3. Water dghis, chime or Bile to water. 4. Right of a proprietor of a vesn or kde to ertract and remove Lis ore~therefrom shoahl the sects be fonad to pevetrate or letersed the sabjoct property ee reserved to the Untied States Patent rawrded Aagust 16,1906, in Book 55 at Page 157. 5. Right of • proprietor of a vein or Laic to eztract and remove hie ore therefrom should the same bs Poand to penelrati or intareact the sabjed properly as rmorved to the IIniled 8fatm Patent rerorded September 19,1953, in Baok 180 at Page 187. 6. Aa easement for UBHtia and Right of Wry purposes as granted to The AlomWo States Telephone and Tdegnph Compavy io the ieetrnment recorded September 5,1967, to Book 229 at Page 47. 7. An easement for IagresslEgrer purposes as granted to Aspen Oak in the lnstramont rewrded Aprll 25,1972, in Book 263 at Page 23. 8. ReMrictloae, which do not contain ^ forfdtare or reverter datleer (deletlng eqy reeBictlom iadicodng any prefeteaoq llmtbtloa or dlscrlmiaaBon based on ran, ootor, religion, sue, handhmp, &mllial etatm or aattonal origin) as contained b tlta instrument recorded September 27,1972, to Book 267 at Pogo 28. 9. Restrtetiom, wh[ch do not contain a forfeiutre or reverlar douse, (ddethtg say reetricttoos indicatlag coy pteferoacy Hmthtloa or discrtminatloa based on race, color, religion, ses, handicap, familial stelae or natlomd origin) as coutaiaod io the imhvment horded Jnao 29,1973, In Book277 at Page 405. 10. An easement for Ingtxa/Egrms pnrposm oz grouted to lYBehael C. Hvnshdt in the instrument ternrded Jaaoary 29,1979, in Hook 362 at Page 668. 11. An easement for lagrese/Egreas purposes u greeted to Beatrice M. Ernemam In the tnetrament recorded AprH 4,1986, in Book 508 at Page 423. 12. An easement for UtlHty purposes es granted to Holy Crass Elecaic Assodatfon, Inc in the Ltstrument recorded Jaly 31,1997, as Receptlon No.406827. BILL'OF SALE KNOW ALL MEN HY THESE PRESENTS, That Beatrice Maras of the Conaty of Pitkio, in the State of Coloredo, Seller(s), for ell aced in comidemtion of TBN DOLLARS' to him is bend patd at orbefom the e»wNktg or daRvary ofthese Praats by Roaring Fork Valley Haldinga, s Cobrado Limited LlabRity Company of the Coumy of Pitl®, Putc6esaCa), the roceipt whersof"v heroby aetmowkslged has bargained and sold, end by dseae pleats d0 glen[ aced CenVey lints the PUfellaeKB), exeatma, admutCehators, Seeoesaon nl 8991gna, Ule fOHOWIDg property, goods 8nd Chattel, 10 Wlk Any of the following iteau cuaently bared on m m the property: hgbting, hating. pp~~mbing, ventilating and ah cmdittomog funmea, TV mtemm, iaida telephone wiring end comactin6 61a~ecke, Plaob, mirtom, Boor eovainga, hnacom sYat~s, busk-b kiteha appliance, eprlnlda sYmems and controls, built-b vmuem systems (including aaasories). and garage door opanaa including der remote controls aced; der The following attached flxnite ere oxcludod from thin sale: No a=clnnions from contract located at S01 Oak Ridge Drive, Aspen, CO TO HAVE AND TO HOLD floe acme umo the Purcheeer{s), titeir aiecutms, adminixrabm, eucoeaon or aaigna, covment and agra b sod with the Pulchasa(n), thou ercowtora, administrators, sucaeota or eaige, m WARRANT ami DEFRND the axle of wd PioPertY, floods aced dealtels, hereby wade onto me P s~ their exacumr'n, admmistmmra. wcoeaeors or asa7gov egamet aR ad every pwson m Pevnom IN WITNESS WHBREOF, The Sellet(6) hm hamunto set thew hinds ®d eels, this 6th day of February, 1008. S!ig~ned~, sea~edga~nd delivered inthe presatce of. Oscine'.. {w+.es: ~Y° Hatrw Mara, STATE OF COLORADO CODNTY OF Pitkln _ ~ ~~~ C.IQY~owledged 6afao me this 6eh day ofFeb'uaY, 2008. M'• Whnoe my hand end sal. My rnMn,tmlan expires: vl ~ l coq Fiio No. PC07002437 Certificate of Non-foreign Status TO: Roaring Fork Vaiky HoW®g, a Colorado Limkd LubSity Company FROM: Beelike Marcel Section 1445- of tLe £ntatml Revenue Service Code providm tLa a Lmefetee (Iwya) o£ a U.S, nel property interest mast withhold tmr if tLe trensfam~ (selku) iv a foroign potion. To inform dta tmnsPoreo (boyar) that witlilmldiog is not tequitad upon the disposition of a us. rml property Cannel, by Beatrim Mareal iLe undasi~ed hereby cad9a iLa following i. The indivLLmia ero not foreign (as those tame are de£med w the Internal Revenue Code and Income Tax Reguletbro): 2. iLe Lidiv3dual'smciel aecmity n>®bas ere: Beatrice Mareai end 3. the individual's petmenatt address b C~ - Q The above Lulividtmis uaderamnd that this caNftcation maY be disclosed to the brtanal Revenue Service by the tmnsfaee and tLa any falee atmmeat aomained herein could be punished by fnm, itnQrieoffiad, or botlG Under penalties of pegmy I dacLve iMt I Law examined Win cah8cation sad to the bat oftgy knowledge and belief hu ttve, oomct end comPlae. ~'D ( 11 Roaring Fork Vailey Holdhtry^Cobndo 3ccM~ta Iw4rcSi Limited LlaDBtfy Company ~~-'~'l~ -~7,N~ File No. FC1170M437 Certificate pf Non-foreign Status TO: Beatrice Maori FROM: Rwring Fork Vathry Hok7lpgr, a Cobredo Limttod LiabllRy Company Sidon 1445 of the Imaoai Revere Service Code provides thffi a transftree (buyer) of a U.S. reel ptopaty intact mart vriPohold tar ifthe trenafixor (seller) is a fomign pcrsoa To htYorm tlm trenefaee (buyer) that wirohokliug ie not saga{rod apw the dispwtttw of a U.S. real properly hderest, by Rwrtng Fort Valley Haklb~, Id.C the undecafgaed hereby oertifias the follovring; I. The individuele ere not foreign (ea those twins an defined m roe hibemal Revenue Code end Income Tat Ragnlatlow): 2. the imlividuet'a soclat aecmity ntwbas aro: Rwrteg Fork Valley Holdiuga, LLC and 3. the individual's pa®anent address ie: 3°~ ~ na-l/. a2 ' l0 8i62/ 17w ebova individwia undemtand that thin cwtlllcadw may Le disclosed ro the Internal Revanne Service by the hanafaee end that coy Hiles statement cwteined heroin could be prmiahed by fora hnpriaooment, or both. Under paoatties of perJury I dactare that I have examined this eati8cetlon end ro the bwt of cry ]mowkdge and belief, it is true, Carew and cmtpMa. Rwring Fork VaLLay HokWg~ a Colorado Llmtted Llsbfllty Company Beatrta Marroi $Y REAL. E6PATB TAX WATBt, SBWBRAIiD NOMEOWp~l9 ABfiOCIATION AC1tEEMRNT HUY~ Rw.b{FrkWb NNG+4 a0obMOl.ISUd 1J.o4W ~f 391.1811: AWreMaN YP.OP9CC(: Im Oa4611pmM~AgnM1ftl L Tattaand Tn Plordtlone ' n r 4aP.nde W and atl p/ad dr m b de Dewar rr b ne arodrtl' faro baa pared bawd merblla eWemnd S IdNQa PardarY:srolred adddndatq aadh Bvabswawdu®amtd SIf33.a3 T4a Plaabn .rorcroddd brcdea NalisraddsmerblY wrndprlaturaourd SId7'661Y craitmabmrlbMadroarerorwrmruswd.red Saag3adP 6ybnrrmat aml rafd dlAfl 70rdeJ.rwrorernes.tMBmaraad Pandammw aeooddaal• roatwtmaar uficr9a'~°aroa.ar~lYdflbbtle~dn A a~wrd~ 1eimrmmdllrei0l~ tgpm. Srlrwam:Ardeebowoprgqaarytrraaaddwlaa pxdO~dro~pwwa.epal. mlrrAmOS awroYa wr Iplddaaaaoma, Uaoy, amardde wp(opprvpryhro brepN r h0. map a whams a dwmramt daabvamc Aey dadnr dtl~umarr daB N wide aldy Oman dr Bgm(a) aw Swlafd Il. Water Wntawlfl nmdn b m's oaao d We cedar anttl ihn and d tro dloWever l,au Apnmoaat M dwwerma d.AdddllmabdxrnvxMramraadgNwd WYa saYn rapanboq@'dandfsaadbr dqw. III. Sewer decor wN mm~m to dla ones d Ws older andl 0e and d dro Hohlowr h~ ~r~irLjlwlbNerwAaMaaewdaawagdaaed ~Awia o+Mw rrlaaaddf0'ofrdedaPrae~Pr eO'd 1V. Homo Owna'nAmaLtlon }qA wdl rmaim In tM a11mo of the uda notll the and d the HoWova• I,aanA;newt le r 3iNr vdoleed sad aped baMw W and bqr tYt iC brrq're1Nw Anmagn fib Nn~oda da~dWarmrr~naaaY aWyb~rweab mw(r)atl 8r1w601Pde~ aAWdvAapys inr Iarwwe A1rmP dNdR LLC 4. iawmder n pq tla saamr dr ban Sella far eq dlha aboro rOrgan M w3a ewaOY aywa a NY b setae m Nw Ma rnowl bawoa Iaovn 831.1.34: mIYER: .-~ MwrBPak Vanry FwdeB,a Calolade Llwled 6roeba dlad STATEMENT OF AUTHORITY 1. Ilia Statemanr ofAutSority is Rr the entity named: Roaring Fork Vafiey Holdings, LJ.C 2. Roaring Fm* Valley Holdings, LLC is a Colorado 1®lted ]lability company 3. ILe mailing address for RoffiIng Fork Valley Holdings, LLC is: 308 Rad Tail Drive, Besak, CO 81621 4. Aonring Fork Valley Holdiny"S, Id.C is mcpleesslY authorized, without limiraflon, by Roatigg Fork Valley Holdings. LLC m exaute inaVarnaob acquiring, conveying, encumbedng or otherwieo affieeting title to cabin real propmty owned by, or m ba acquimd by it. in Aspen, Pi0dn Comty Cobmdo, w wit: A parcel of land situated in the Southwest Quads of8u Northwest Qumter Sactlon 3, Towmhip 10 South, Raoge 85 West of the Shdh Pttncipel Meridian, descrrlxd ea follows; Begiming at apoint whemo tho South Qaarer wrna ofaaid Sectlon 3 beam Somh 27 degrxa 07'58" Fast 3,172.65 feet: Thence South 53 degrees 53'00" Weat 361.00 Rek Thence North IB degrees 56'00" West 55.00 Rat ; Thrace Neath 34 degree 05'00" West 121.14 feat, Theme North 45 degroas SS00" Wert 223.751ix~ 1lxnco North 23 degrees 38'00" West 82.84 feet; Thence Norris 48 degiroas 01'00" Went 9L53 Rat, Theme North 26 dagroea 47'00" West 87.01 Ret; Theme NoM b7 degrees 00'00" Fast 373.00 Rat; Theme South 36 degrees 03'35" Hest 56b.19 feat m tlra point of begimrintg. Pitkb Cbwty, Colorado Also Known As:LOt 3. Aspen Oak Lob, Firkin County, Aspen Together wltls en easement Rr Ltgrms/ESren purposes m granted to Michael C. Herasbdt in rho instnrmmt teoorded Janamy 29, 1979, in Book 362 R Page 668. Together witlr~an eavemem far Ltgresa/Egrou purposes es granted to Batrice M Brn®am in the insaumem recorded April 4, 1986, io Book 508 at Page 423. 5. This StatoneN ofAaahmtty is ezecmed and deBvered purauntfo C.RS. §38-30-172 by the undersigned on b~alfaf: Roaing FOrkVallay Holdksgs, LLC b. Thb 5foaemeM ofAnthorlty aalmds, supaceda and rgrlacm m all raspecb anyprlor Statement of Authortry given by Roaring Fork Valley Holdings, LLC 7. The nadenignad intends and tmdasteada that the reprasmbtlons tbnained in Rte Stotonent ofAutJwrtty will bo rolled upon 6ythhdpaNea, eluding but not limited m tie Insubnce Aspen, LLC, rehning R the encumbraming ofthe above deecnbed rent pmpaty m P loredo. Date: 2 J Gl ~ L"~ '~" Sbte of Colorado) RommgF C )u Coumy ofPiddn ) The foregairrg Sbtemeat of Authority was dnly axecated and acJmowledged bafnre me this 6th day of Febmay, 2008 by Roaring Fork Valley Holdmga, LLC Witness my hand and official seal My commisaion ezpirea: 8p1 D~ Aaormysrob laauaeaeMa"s'afAapm, r.rr 715 WnaaWaSmxf. Saae3o5 Aspeq Calondo 81611 (9'!0)925.7328 IOb r'r0. P('A70m4t7 safes Pik No: PC07tM21i'! CLOSING INSTRUCTIONS THIS IS A LEGAL INSTRUMENT. IF NOT UNDERSTOOD, LEGAL, TAX OR 017iER COUNSEL SHOUTA BB CONSULTED BEFORE SIGNING. TO: Atkrneys Tito Iaemon Ageary of Atpw, LLC RE: 101 Oak Ridge Drive Aapaq CO t. Heatrke Marad and RwHOg Pmk Vatlsy Hohtleg, • Cekrado Gwikd LkhHgy Cowpaq engage Atlmoeys TIBe laaunaea Agmey of Aapeo, LLC, who agroea m provide cloakg and settlement services in wnnatlw wgh the tieing of the following described tent eshte m the Covaty of Ititldn, Colorado, m wiC 101 Oak Ridge Drhro, Aspen, CO 2. Closing Agent is wtltmimd m obtain kformation, and agrees m laetsaro, obtain, ddiva and record all dooumma, excludhtg proparYion of legal docmnmte, necaswy m any out the tame std wnditiwa of We wnatct m buy and xll roal sate, dated Febnary 6.2000, with ALL amendments std ceunkryropoule attached (Conbwt), aad mWe f~ ofthB dowmem. 3. legal dowmmta will De prepmed by Atmneys Title Inwnacs Agescy otAapets, LLC m the fupenee of Seller (iaduded ie fee). 4. Closing Agem will receive a fee not m exuW 200.00 for peoviding tltma closing end ae8kmem service m be the expeex of the Buyer std SeOa equally. S. Clmiag agent is autlmrittd m receive fords end m disbtrcse 8tttds robes all foods received arc either: available for immediate withdrawal ss a matter of right from the fuandd kstlmHw k which the funds have been depotikd or eR evaildsle to immadieu withdtawai ss a conxquettw of w agreerrtwt of a BmneL1 hudtutiw m which Ow Hods aro m be depmked m s flnattciel inadnaion upon which tlw fwde are m be dawn (Good Prods) 6. Closing Agent is not atdhoriaed m rdwx arty dacummta or things of value prior m rocdpt and diabtrsemmt of Good Funds, except as Provided m pemgaphs 12 and 13. 7. Closing Agent shdl dleburx all Prnds k dwing amept thox'fltnds ere mry be aepwakly dixlesed k writlng m Pwdtesa rod Sdkr by Closing Agent m PurchesePa Iwda oo m 6efaa oksiog. 8. Sella will rxdw the red proceeds ofdosing es indicmed: ^Cksmg Agent Trost Account prerk ^CasMa•s Check ®Vllre Trwafer 9. ('urcheeer aM xlla w(118rmish any additional infomwdw and dowmeou required by dniug Agent whklr will bo ttewsary m wmpiak this nansacBorr, end Pr¢cheaa and Sella fwther agree m sign and oompkk aB and wvmmay required doatmarts at dosing m fdfill the Comrx[ I0. Closing Agwt wi8 prepme rod dative an snorers, complete, end detailed timing atanenl m Purchaxr and Shca d time of dosing. I I.If requested by Closing Agem, earns money depmit will be da8verod m Clming Agent k wffldmt time 6efine dwkrg m disburse Cwd Funds. l2, If cbahrg doe rKK aocu4 CkslnB Agem, axwpt ere Irovided hadn, is wthorimd end agroea m Mum all dowmwb, monies, rod things of value m the depositing party and Cbslog Agent will he relieved Rom any Curtlta deny, raponsrb8iry m IlabBity in wnneclion with ibex insttummb. In addition, any promiaxry nose, deed of tnW, m other evidence of iodebkdness slgaed by Ptuchwer, shell be wised by Coring Aged, with foe origirrd(s) retmnN m Purchaser rod Dopy m l'urchesa's Iwda. 13. (f any aw8ioting danwds arc made an the posing Agem, at Its' mk diuraiw, Cosing Agent may hold wY monks, doaunads, sod things of value rweived from any party mroapt PurcLesa'a tense. Clming Attest obeli rodiu loch {lama urdl (1) receipt ofmuaW written inewedw from Prlrehaea and Sena; m (2) un81 a suit xtlw between Purohwa rod Sella ahdi haw been 8nalty cancmded in a Court of canpetmt Jurisdiction; m (3) in the alromatiw, Ginseng Agent may, in ib• wk discrdkn, wmnwnrx a dui] amion m imaplead. m, mtaptead in any existieg dull action, my doctwntr, monies m otlta things of value teroived by Closing Aged, Such depmh with the Conn shell rollaw Clming Agem of ell funha titlsllily std tespwibilily end Closing Agent shell h emitled m dl wort wa and roawrwbk altomey9 fce. 18.Thex closing inemtdions may only ba amended m terminated b5' written Irutrucdons signed by Purchase, Sdkr rod Clmhtg Agwt. 15.9peciel InshwMiom: Appliabie m Residwtial Closing only. (Also includes Presentation otLow Domrmenb and Ptapawiw of HUD-Q APPrR-O~ V1BD AND ACCEPTP.D ~u OC<e~A~,Js~/a ~Mr~eyi/./.1/ I1 1(~ Aarla[Pa1tVa/0e7Ho1dleg,a Calmado lLdled lbRtltY CaaWany Der (/Va'~W~lV ~ ~4L, jN1W~ l /1>..~'~~ 8estria Mama ~'1 T gy be Completed by Broke and Ginseng Agent) Morrie & IM1rwaM Real Estate (Broker) argagra cimiag egem es Brokefa Saivena m wmplete, at the sole expenx of the Broke, the following legal doarmwm: ~_ Daod Other. ~l_ BiB ofSak Oma;_ _ Documema stated show shell he eub}aa to Brokets Revhsw and ePProwl aM the Broker edmowhdges that the Broke ie wkly tespomible for the eccmxy of the above dowrmwts. APProved and Awepted Approved and Accepted Br: sy: Craig MorrY Attaraeya TNIa lasannes Ageacy otAapen, I.LC Closing Agent shell pay Real berate Commiwiau of. 5267,OBO.N a closing m be dkbuned es follows: WeBag Cowpony: Morrie @ Pyrwald Rcal fiaak S 62,250.00 Cheflin Light RnlBak-Ryan_Smalle ___ 62,250.00 Selimg Comtw.y: Charon LiaM Res F.waa.lxaa t.eibin¢er t 1305110.00 ®~'i? 9 File No: PC07002437 Attorneys Title Guaranty Fund, Inc. COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: September 07, 2007, 8:00 am Commitment Issued: April 12, 2007, 8:00 am Commitment Revised: October Ol, 2007 2. Policy (or Policies) to be issued: POLICY AMOUNT (a) ALTA OWNER'S POLICY $4,350,000.00 Proposed Inswed: Roaring Fork Valley Holding, a Colorado Limited Liability Company (b) ALTA LOAN POLICY Proposed Inswed: Proposed Borrower: Fee Simple interest in the land described in this Commitment is owned, at the Commitment Date, by Beatrice Maresi 4. The land referred to in the Commitment is described as follows: A parcel of land situated in the Southwest Quarter of the Northwest Quarter Section 3, Township 10 South, Range 85 West of the Sixth Principal Meridian, described as follows: Beginning at a point whence the South Quarter corner of said Section 3 bears South 27 degrees 07'58" East 3,172.65 feet; Thence South 53 degrees 53'00" West 361.00 feet; Thence North 18 degrees 56'00" West 55.00 feet ;Thence North 34 degrees 05'00" West 121.14 feet; Thence North 45 degrees 15'00" West 223.75 feet; Thence North 23 degrees 38'00" West 82.84 feet; Thence North 48 degrees 01'00" West 91.53 feet; Thence North 26 degrees 4700" West 87.01 feet; Thence North 67 degrees 00'00" East 373.00 feet; Thence South 36 degrees 03'55" East 566.19 feet to the point of beginning. Pitkin County, Colorado Also Know As Lot 3, Aspen Oak Lots, Pitkin County, Aspen Togather with an easement for Ingress/Egress purposes as granted to Michael C. Hernstadt in the instrument recorded January 29,1979, in Book 362 at Page 668. Togther with an easement for Iogress/Egress purposes as granted to Beatrice M Ernemann in the instrument recorded April 4, 1986, in Book 508 at Page 423. For informational purposes only: 101 Oak Ridge Drive, Aspen, CO ALTA Commitment - Schedule A This commionent is invalid uNess [he msuring Provisions and Schedule A and B are attached. 10/1@007 J04ki ',~,C~'. 97 Attorneys Title Insurance Agency otAspen, LLC By: Samantha Smalling, Authorized Officer or Agent ALTA Commitment-ScheduleA This commitment is invalid unless the insuring 10/I/Z007 Provisions and Schedule A and B are attached. Jai? ~..'~: Attorneys Title Guaranty Fund, Inc. File No: PC07002437 COMMITMENT FOR TITLE INSURANCE SCHEDULE B -SECTION I REQUIREMENTS Effective Date: September 07, 2007, B:OOam The following requirements must be met: (a) Pay the agreed amounts for the interest in the land and/or according to the mortgage to be insured. (b) Pay to the Title Company the premium, fees and chazges for the policy. (c) Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured must be signed, delivered and recorded: 1. Release of Deed of Trust dated April 13, 2007 from Beatrice Maresi to the Public Trustee of Pitkin County for the use of U.S. Bank, N.A. to secure the sim of $2,820,000.00 recorded Apri126, 2007 as Reception No. 537068. 2. Warranty Deed from Beatrice Maresi to Roaring Fork Valley Holdings, LLC conveying subject property. Note: C.RS.38-35-109(2) requires that a notation of the purchasers legal address, (not necessarily the same as the property address) be included on the face of the Deed to be recorded. 3. An approved survey or improvement location certificate must be delivered to Attorneys Title Insurance Agency of Aspen, LLC for review. Additional requirements or exceptions may be added to this commitment if any adverse matters are disclosed on said survey or improvement location certificate. 4. Receipt by Title Company of the appropriate affidavit ss to new constriction to indemiify the Title Company against unfiled mechanic's and materialmen's liens. Note: Standard Exceptions I-4 will be insured over on the Final policy with Endorsement 130 (d) You must tell us in writing the name of anyone not referred to in this Commitment who will get an interest in the land or who will make a loan on the land. We may then make additional requirements or exceptions. Note: If the salts price ojthe subject properly exceeds $100,000.00 the seller shall be required to comply with the disclosure of withholding provisions ojCRS 39-21-604.5 (Non-resident Withholding). ALTA Commitment-SchedWeB-Section! This wtnmitment is invalid unless the insuring ION2007 Provisions and Schedule A and B are attached. File No: PC07002437 Attorneys Title Guaranty Fund, Inc. COMMITMENT FOR TITLE INSURANCE SCHEDULE B -SECTION II EXCEPTIONS Effective Date: September 07, 2007, S:OOam Any policy we issue will have the following exceptions unless they aze taken caze of to ow satisfaction. 1. Bights or claims of parties in possession not shown by the public records. 2. Easements or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments and say facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, ar right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. DeteMs, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes and assessments not yet due or payable and special assessments not yet certified to the Treasurer's office. 7. Any unpaid taxes or assessments against said land. 8. Liens for unpaid water and sewer charges, if any. 9. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 10, Unpatented mining claims, water rights, claims or title to water. 11. Right of a proprietor of a vein or lode to extract and remove his ore therefrom should the same be found to penetate or intersect the subject property as reserved in the United States Patent recorded August 16, 1906, In Book SS at Page 157. 12. Right of a proprietor of a vein or lode to extract and remove his ore therefrom should the same be found to penetete or intersect the subjeM property as reserved in the United States Patent recorded September 19, 1953, in Book 180 at Psge 187. 13. An easement for Utilities and Right of Way purposes as granted to The Mountain States Telephone and Telegraph Company in the instrument recorded September 5,1967, in Book 229 at Page 47 . ALTA Commitment-Sched,Je B-Seclian 11 This wrtunitmrntis invalid unless the insuring IUl1~2W7 Provisions and SchedWe A and B are attached. 7®i1'~~ File No: PC07002437 14. An easement for Ingress/Egress purposes as granted to AspenOak in the instrument recorded Apri125, 1972, in Book 263 at Page 23. 15. Easements, rights of way and other matters as set forth on the Plat recorded September 27, 1972 in Plat Book 4 at Psge 289. 16. Restrictions, which do not contain a forfeiture or reverter clause, (deleting any restrictions indicating any preference, limitation or discrimination based oa race, color, religion, sex, handicap, familial statue or national origin) as contained in the instrument recorded September 27, 1972, in Book 267 at Page 285. 17. Restrictions, which do not contain a forfeiture or reverter clause, (deleting any restrictions indicating any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin) as contained in the instrument recorded June 29, 1973, in Book 277 at Page 405. 18. An easement for Ingress/Egress purposes as granted to Michael C. Hernstadt in the instrument recorded January 29,1979, io Book 362 st Page 668. 19. An easement for Ingress/Egress purposes as granted to Beatrice M Ernemann in the instrument recorded Apri14, 1986, in Book 508 at Page 423. 20. An easement for Utility purposes as granted to Holy Cross Electric Association, Inc in the instrument recorded July 31, 1997, as Reception No. 406827. ALTq Commitment-SchedWe B-Section!! This commitment is invalid unless the insuring 10/1/2007 Provisions and SchedWe A and B are attached. J~"1 ~;~ ~ .r .: ~'$ Note: EJfeMive September 1, 7997, CRS 30-IO-406 requires that a[t documents received jor recording or frling in the Clerk and Recorder's oJjice shall contain a top margin of at least one inch and a left margin of at [east one-half inch. The Clerk and Recorder may refuse to record orJlle any document that does not conform Note: All conveyances (deeds) subject to the documentary fee submined to the Clerk and Recorder jor recording must be accompanied by a Real Property Transfer Declaration. This declaration must be completed and signed by the grantor (seller) or grantee (buyer), pursuant to CRS 39-14-102(1)(a). ,. ` ALTA Commitment- SchedWe B - Sectlon I This commitment is invalid unless the insuring Page 2 Provisions and Schedule A and B are attached. ,J ®1 i (~ L.r.J rrt~r coverer ao~mKrn~rrr nsv>~,t~nmvr nerat<a>,~ir wr ~urt~ar pOAPAYMffidT ~+L~ _ a£ Dar v+i~ a 1. APPLTCANThr.dtmxuaraao[IId1Yeo.ppuoado.l6r J_~±~.K tLid~~ D~,uy PCh~ x.735- o32-no-o13 ~d«auateeame~eo~c-r~. z. .nprtaca-arx oodaena. sad ag~se. that FiUde covey t),~aaaoeNs. 3z zooz..e~bbua a s. e4aGme for load ose epplloetJooeand thel~+pat'ell praaerebtgtbeeie a osoditlapteodsotfo adelrrmfo.Nos oP applk~tios eomph~leoae. 1be fes q bled ao the 00[1N'IY'S pansy tht da'dopo» shall psy, !plb11, tha Dort otdwslopmaitisrkar inthe C~1DTi'Y. Fes has beee set to be soroirtom aid tiir is the public and>p redleeathe mipaies lmatad ie prorid8ag nai sorvica is the pablle. 3. APpLiCAN'f and COiJPiI'Y agave tint bosons a[tla eoe` ashes or coops oftla proposed FROI®C)', it esgaotb. pau~bk at the tae of spplioerim to sssateta the SnII ardmtafths oasts irvotrad is proesrisgths appliostioa. 4. APpfICANTrdCOUAiIYsgee~lbraLr~edlbr~sptoawel~gaPLodossapp~Yetltorethsll aoa®atem fifes epplioniea hahshrmars Wsa asstyps of Ynd we reeisrr. s. oourrnr.eanrRacr+xrs?~ere.aew.toolapeeedel~e~,rr~o~livrretatrnaomplee, prosessisg aprame auSaiestidareaadsatothe Cammbesoe aadlerHaeed ort',omty coawe es oa.bie we Flumiae CanrNaioa sedkr Hood of CaaaRy Cosaoissiosases asslm ~b ~9aL.d fmdle~ thrtao3eat approval, filer amreat billisge re paid to toll prior is dmieios. 6. 7ltera[aes. AlR7dCANT apes IMd to osaabiecs4oe ofdre CO1)M1Y'g ~pire<af id Aght>Q oslleet 1611 ibeapriartoaddamhurloaofapptiatlmrearopioemess,APPIlCANi'e6dlpeyabrslbeintlieamooetof 7s 5+~. oa srh:eh h bsrsd on,~, bean of sedFthsa, sad iteeesaf ciao apeot by adsit'to prooeee ~s spplbadonasneeda the average aaminrofbama bymwemsn2ow. tlrm the t~uxnr wiu bGlthsAPPi.IaCANTgaalsrly lbrthsadditlonslrime epeat, 8adr patiodia payraente shell 6e cads vdtlria 30 drys offfie bIINng dose. AlPIdG1NT !lamer span that Aihas b pry wrap asaaed soots a6all be grwadelbr arpenwai of peooaeiny PITfaN COti1N1'Y ~`~ Cmi~HsebOa (o [..6-~l,~r..sG E.(~ F2Et~oa.~fr" CosmaetyDesdapme.tD6ador Q _ ~ ©+1C~~ ----- Original Message ---- From: Doug_Leibinger To: Doug Rayer Sent: Thursday, April 02, 2009 9:52 AM Subject: Authorization To whom it may concern: I hereby give my consent to allow Doug Rager, Doug Rager Architecture, to be my authorized representative for a minor amendment to a development permit application pertaining to Aspen Oaks, Lot 3, Aspen, Colorado. Please feel free to contact me with any questions. Regards, Doug Leibinger President Roaring Fork Valley Holdings, LLC 970-379-9045 -~~-- ~,a •`~-' _---, ~~'. Do_ug_Le_b_nger Click Here for Broker Profile Chaff n Light Real Estate Aspen - Snowmass -Basalt Jas``` iF. ~ t` ~~ ?' office (970) 923-1006 cell (970) 379-9045 dleibinger@c_lre. com Doug ~spen~lreaProperty. cone 4/2/2009 RECORDING REQUESTED BY: WHEN RECORDED RETURN TO: Chris LaCroix Gazfield & Hecht, P.C. 601 East Hyman Avenue Aspen, Colorado 81611 RECEPTION#: 857670, 03!31!2009 at 10:22:00 AM, 1 OF 11, R 556.00 Doc Code TERMINATION Janice K. Vos Caudill, Pitkin County, CO THIS TERMINATION OF PRIVATE ROAD EASEMENT AGREEMENT AND GRANT, OF DRIVEWAY, UTILITY AND LANDSCAPING EASEMENTS ("Agreement°) is made this ,~ day of March 2009, between George Shifrin and Tinkerbell Shifrin (collectively "ShlfrIn'~ and Roazing Fork Valley Holdings, LLC, a Colorado limited liability company ("RF'~'H"). RECITALS A. Shifrin is the owner of certain real property in Pitkin County, Colorado known as Lot B, Oak Ridge Lots, which is legally described on Exhibit "A" attached hereto ("Lot B"), B. RFVH is the owner of certain real property in Pitkin County, Colorado known as Loi 3, Aspen Oaks Subdivision, which is legally described on Exhibit "B" attached hereto ("~"). C. Lot B and Lot 3 are encumbered by that certain Private Road Easement Agreement dated April 4, 1986 that was recorded an April 4, 1986 in Book 508 at Page 423 of the records of the Pitkin County Clerk and Recorder (the "Prior Agreement', pursuant ro which the then-current owner of Lot B granted certain easements across Lot B in favor of Lot 3 for ingress, egress and utilities roLot3. D, in addition ro the grant of easements contained in the Prior Agreement, the Prior Agreement also included certain other provisions, including restrictions on Lot B and Lot 3 that Shifrin and RFVH desire to terminate. E. Subject to the terms and conditions hereof, Shifrin and RFVH desire to terminate the Prior Agreement and for Shifrin, as the owner of Lot B, ro grant RFVH, for the benefit of Lot 3, certain easements for a driveway, underground utilities and landscaping over and across a portion of Lot B, as more fully described herein. WTTNESSETH FOR GOOD AND VALUABLE CONSIDERATIONS, the receipt and sufficiency of which aze hereby confessed and acknowledged, the parties agree as follows: 1. Termination of Prior Agreement. Shifrin and RFVH hereby terminate the Prior Agreement. Upon execution and recordation of this Agreement in the real estate records of Pitkin County, the Prior Agreement shall automatically terminate and the Prior Agreement shall no longer affect Lot B or Lot 3. ,." '` ~, , .~,.. , s' 1 , .. '~®ilU~~ 2. Grant of Easements. (a) Access and Utilities. Shifrin hereby grants, conveys, assigns and transfers unto RFVH over and across a portion of Lot B as described herein, a permanent and perpetual private non-exclusive easement and right-of--way for ingress and egress to Lot 3 and underground utilities serving Lot 3 (the "Access and Utility Easemegt"). The Access and Utility Easement is legally described and depicted on the map attached hereto as Exhibit "C". The Access and Ufility Easement shall be used for the construction, improvement, maintenance, repair and replacmrertt of a driveway and address signage serving Lot 3 and underground utilities to serve and benefit Lot 3. All utilities must be located underground within the driveway or within the area to the east of the driveway. No utilities or any other improvements shall be installed or constructed within the area to the west of the driveway, that area being limited to the installation and maintenance of landscaping and the other improvements described in subparagraph tb) below. The conveyance of the Access and Utility Easement on a non-~clusive basis shaA not be construed to allow Shifrin, his guests or invitces any regular use thereof but is intended solely to permit Shifrin such temporary use as may be necessary for the protection or preservation of Lot B. Further, no parking of vehicles by Shifrin, his guests or invitees shall be pemritted on the Access and Utility Easement. The easement granted herein is for the benefit of RFVH and its successors in title and may not be conveyed to any third party not an owner of Lot 3 nor may the easement be used for access or extension of utilities to any real property other than Lot 3 and Lot B. tb) Landseaoin¢. Shifrin hereby grants, conveys, assigns and transfers unto RFVH over and across Lot B, a permanent and perpetual private non-exclusive easement for landscaping (the ")(.aadscanin¢ Easement"). The Landscaping Easement is legally described and depicted on the mag attached hereto as Exhibft "D". The Landscaping Easement shall be used for the constuction, improvement, maintenance, repair and replacement of landscaping. Within the Landscaping Easement, RFVH shell install and maintain lighting, earth forms, landscaping and irrigation, all in accordance with the landscaping plan attached hereto as Exhibit "E" (the "Landscace Plan"). All lighting within the easemort shall be downcast and shall otherwise comply with Pitkin County Regulations. RFVH shatl not have the right to materially deviate from the Landscape Plan or install other landscaping without Shifrin's prior written consort, which shall not be unreasonably withheld or delayed. (c) Temoorarv License. In any construction, improvement, maintenance, repair or replacement of the driveway, utilities or landscaping within the Axess and Utility Easement or the Landscaping Easernmt, there shall also exist a temporary license along and outside the boundaries of the Access and Utility Easement end the Landscaping Easement to temporarily pile debris, store materials or for other temporary purposes; provided however, that such construction, improvement, maintenance, repair or replacement shall be executed diligently and continuously an as to minimize the use of lands outside the easement areas. in no event shall access to Lot B ever be obstructed or blocked. When such work' is completed, any disturbed areas outside the boundaries of the Access and Utility Easement and the Landscaping Easement shall be promptly restored, to the fullest extend reasonably possible, to the conditions existing prior to such construction, improvement, maintenance, repau or replacement. 3. Costs/Maintenance. RFVH shall be solely responsible for all costs to construct the driveway and utilities witYdn the Access and Utility Easement and to construct and install the Landscape Plan in the Landscaping Easement. Once constucted, RFVH shall, at its sole cast and expense, keep and maintain al] improvements within the Access and Utility Easement and the Landscaping Easement in good repay and shall maintain and replace all plantings and landscaping, when and as needed, to insure healthy vegetation and an attractive entrance to the properties. 4. Indemnification nd nc~,rance. RFVH shall at al] times remain solely responsible for injuries, demands, damages to persons or property, losses or judgments arising from use of the Access 'JO~i~~9 and Utility Easement or the Landscaping Easement by RFVH and its invitees and guests. RFVH shall obtain and maintain adequate property and liability insurance insuring against such injuries, demands, damages to persons ar property, losses or judgments. Such insurance shall name Shifrin as an additional insured. Upan request, RFVH shall provide Shifrin with proof of such insurance coverage. Such insurance shall provide that it may not be canceled for any reason as it affects Shifrin without at least thirty (30) days' prior written notice to Shifrin. 5. Subordination by Lien Holders. If Lot B is encutnbded by a lien at the time of execution of this Agreement, Shifrin shall use wmmercially reasonable efforts to obtain the written agieement of the lien holders} to subordinate itsltheir inxrest(s) in Lot B to the easements granted herein pursuant to the frnm attached hereto as Exhibit "F". Any costs associated with obtaining such coc>sertt shall be borne by RFVH. 6. Re ervation of Ri h Shifihr reserves the exclusive right to use and enjoy Lot B, including the land beneath and the airspace above, for all purposes and uses that do not unreasonably interfere with the Access and Utility Easement or the Landscaping Easement. Miscellaneous. (a) $enefits and Burdens. A11 provisions contained herein, including the benefits and burdens, nm with the land and are binding upon all persons who now or hereaRer acquire any interest in Lot B or Lot 3, whether as an owner, renter, deed of trust or mortgage beneSciary or otherwise. Each provision contained herein shall be deemed incorporated in each deed or other instrument by which any right, title or interest in either Lot B or Lot 3 is granted, devised or conveyed, whether or not set forth or referred to in such deed or other instrument. (b) Attorney's Fees. Tn the event any action or proceeding is brought by any party for the enforcement or the attempted enforcement of any of the provisions contained herein, the prevailing party, as determined by the court, in such action or proceeding shall recover its reasonable attorney's fees, in addition to any other relief to which it may be entitled. (c) @pplicable Law. The law applicable hereto and its interpretation shall be that of the State of Colorado (regardless of its choice of law provisions), and any litigation arising out of or concerning this Agreement shall be commenced and maintained in Pitkin County, Colorado, and the parties hereby submit to the personal jurisdiction of Colorado in coma:ction therewith. (d) Severability. Any determination by any court of competent jurisdiction that any provision hereof is invalid or unenforceable shall not affect the validity or enforceability of any of the other provisions hereof. Where any provision hereof is alleged to be or declared by a court of competent jurisdiction to be unconscionable, this document shall automatically be amended by the insertion of a new provision as similar thereto as practicable, but which would not be unconscionable, invalid or unenforceable. (e) Correction Documents. The current and future owners of Lot B and Lot 3 shall fully and promptly cooperate to correct any scrivener, clerical or other errors found in any legal descriptions or in any other provisions of this document or any exhibits hereto. (f) Exhibits. All exhibits attached to this document are incorporated herein by this reference and made a part hereof. ~®~~a~30 (g) M raer. This Agreement constitutes the entire understanding relating to the subject matter hereof All preceding agreements relating to the subject matter hereof, whether written or oral, ere hereby merged into this Agreement. (h) Waiver. Any waiver by either party hereto of any breach of any kind or character whatsoever by the other party, whether such be direct or implied, shall not be eonstmed as a continuing waiver of or consent to any subsequent breach of the provisions hereof on the part of the other parry. (i) Coiat erparts. This Agreement tnay be executed in counterparts and, as executed shall constitute one Agreement binding on all of the parties hereto notwithstanding that all said parties are not signatory to the original or same counterpart. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year fast written above. Roaring Fork Valley Holdings, LLC, a Colorado limited liability company: $y: Doug Leibinger Title: STATB OF ) ss. COUN'T'Y OF ) The foregoing Agreement was acknowledged before me this _ day of 2009, by Doug Leibinger, as of Roaring Fork Valley Holdings, LLC, a Colorado limited liability company. WIl'NESS my hand and official seal. My commission expires: Notary Public STATE OF ) ss. COUNTY OF ) The foregoing Agreement was acknowledged before(~e this ~ day of , 2009, by George Shifrin and Tinkczbell Shifrin. ' WITNESS my hand and M coa(u~ni/ssio eq fires: 'Q y 41 l ~J~ J : R-C14PROd~y otary Public . ,~ F`f. _ ®i~_~~.. (g) Mercer. This Agreement constitutes the entire understanding relating to the subject matter hereof. All preceding agreements relating to the subject matter hereof, whether written or oral, are hereby merged into this Agreement. (h) Waiver. Any waiver by either party hereto of any breach of any kind or character whatsoever by the other party, whether such be direct or implied, shall not be construed as a continuing waiver of or consent to any subsequem breach of the provisions hereof on the part of the other party. (i) Counter This Agrcement may be executed in counterparts and, as executed shall constitute one Agreement binding on all of the parties hereto notwithstanding that all said parties are not signatory to the original or same counterpart. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first written above. Roaring Fork Valley Holdings, LLC, a Colorado limited liabili mpany: By: Doug Leibinge Titlo:~r'rj` George Shifrin Tinkerbell Shiffrin STATE OF ~L'0~"~~O ) ss. COUNTY OF ~P ~TK I N ) The foregoi g Agreement was acknowledged before me Doug Leibinger, as VCS'oti'.tn of Roaring Fork Valley Hold company. WITNESS my hand and official seal. My commission expires: STATE OF ) ss. COUNTY OF ) 2009, by pdo limited liability The foregoing Agreement was acknowledged before me this _ day of .2009, by George Shiffrin and Tinkerbell Shifrin. WITNESS my hand and official seal. My commission expires: Notary Exhibit "A" lBaIK.~PIIW 8F LOT S- 't~Ti~ SOITIHID DF[,~ti~S 96! 56" WR41' ~g0 EFJCI' TO A YOWT mil' TlBL WEST f~ OF C• ~I~ CW'bL1~t 1 1 ~`i `,` ®i~.;3:3 SE(~'1QVC AT T~ W&ST (HIAICIIR CO~VFR (~+' RAID S~iLRXllR 3. TE~RCE Nt1R7ft N DRG~ OB' 32" WJffiT Y{i 39 per' ALd1YG Tiff; WEST iB~iR OFSAID EREiI$IT "B" A parcel of Lund dtaated >n the Southwed Quarter of the Northwed Qnarter 9ectlon 3, Towmhip 10 South, Badge 85 West of tho 3bRh Prlndpal Meridian, described as follows: Beghtning at a point whence the South Quarter corner of said Section 3 bears South 27 degroea 07'58" Bast 3,ITZ.6S feet; Thaoce South 53 degrees 33'00" Wad 361.00 feet', Thence North 18 degrees 56'00" Wmt 55.00 Peet ; Thonce North 34 degrees OS'00" Wad 121.14 feet; Thence North 4S degrees 15'00" Wet 223.75 feet; Thence North 23 degrees 38'00" Wed 82.84 feat; Thrace Narfh 48 degras 01'00" Wmt 91.53 lash, Thence North 26 degrade 47'00" West 87.01 foes Thence Nortlt 67 degreem 00'00" Bad 373.00 Yaet; Thence South 36 degrees 03'55" Bast 566.19 feet to the point of beginning. Pltidn County, Colorado also known aa: Lot 3, Aspen Oak Lots, Pttkht County, Aspen, and as attest wmibar:101 Oak Ridge Arive, Aspen, Colorado. ~0~1 'v V 'It Eahibi6 "C" 103 OAK RBX1E DR. L4 ~+~ ~ wccPSSEASmv»~4T b~ 2,1903.Ff G / Ll~~ /~ r• / ~~ ~ I / I~ ~~ ~/ `~ LOT3 101 OAR RIDGE DR L.3. SOVTH QUARTBA-- CORNBR SBG1iON 3 . SCALE: 1" - 20' & CAP ACCBSS BASHMHNT DB3CRIPITON A STRIP OP LAND SI7VATBD II4 TAB 9W1MNWIH OP SECTION 3, TOWNSH@ ]0 30UTH, RANGE 85 W&4T OF THS SD(Y'H PRiNCB'AL MBRIDIAN, COUNTYOO+P3IKIN, STATB OF COLORADO, SAID STRIP BEING MORH PARTICULARLYDHBCRIDED AS FOLLOWS: C01,4.SBI4CB4GAT A POII4TBHD10 TH8 30UTHBRLY CORNER OFAPARCEL OF LAND ALSO KNOWN AS LOT 3, ASPEN OAKLOT3, WRENCH THE SOUTH QUARTER CORNER CAF SAID SECTION 3 BARS 333°39'36"8 ADIBTANCB OP 3,136.63 FRET; THENCENIS°33'00"W ALONG THB WBSTHRLY BOUNDARY OF SAID LOT 3 A DISTANCE OF 44.22 FeBT. 7HH POIlYT OF BHODB4ARt• TABNCB LEAVWO SAE). WSSTSRLYBOUNDARY 879°31 VS"W A Di3TANC8 OF 2733 FEET; TA6NC8 ALONOTHBARC OFA CURVE TO TA8 LBPT HAVDPO A RADR18 OF 30.00 FEET AND A Cffi41RALANGLB OF 62°33'33", A DISTANCE OF 32.76 FBBT (CHORD BEARS 348°14'37"W A DISTANCBOF 31.13 FFBT) THENCE 816°58'Id'W A DISTANCB Op 196 FEHT; THHNCH ALONG TH8 ARC OF A CURVH TO THS LeFC HAVD(O A RApNS OP 13.66 P~3' AND A CBNTRAT,ANOLB OF 74°5521", ADI3TAN~ OF 17.87 PBBf (CHORD BEARg S10°29'3dB A DISTANCE OF 16,b2 PHBT) TO A POINT ON T1A3 NORTHERLY BOUNDARY OFA 30.04 ROAD BA38M~4'T A8 3FIOWN Il4 HOOK 362 AT PAGE 668II4THBPTIICIN WUNTY CLHRK AND RBCORD8B13 OFFIG$ THBNCEALONG SAID NORTHERLY BOUNDARY ALONG TTiB ARC OF A CURVE TO THE LSFTAAVRVO A RADIDS OF 113.00 FEBT AND A CENTRAL AN(B,E OF 18°06'08', A DISTANCE OF 3633 PSE'T (CHORD BEARS 389°40'39°W A DISTANCE OF 36.18 F$BT); Tl~ LBAVINOSAID NORTHERLY BOUNDARY ALONG THE ARC QF A CURYS TO 7HE Lffi7' HAVAfO A RADRIS OF 18.04 F88T AND A CENTRAL ANGLE OF 3l°31'SP, A DISTANCE OF 16.23 FEET (CHORD HHARS N25°349dB A DISTANCB OF 13.68 FBBTk THENCE N00°11"17^W A DL41'ANCB OF 3SOFE6T; THRNCHALONO TAH ARC OF A CURVH TO TH8 RKiBT HAV1N0 A RADRJS OF 38.00 FEBT AND A CHN'1RAL ANGLE OF 79°4416", ADI3TANCB OF 3284 FHBT (CHORD HEARS N39°384t•B ADLRTANCB OF 48.68 F88T}, THENCE N79°2Sa9"B ADISTANCB OF 33.73 PBBT TO A POWT ON SAID W8ST8W.Y BOIRIDARY OF LOT 3; THBNCB $34°03'00"8 ALON03AID WBSTBRLY BOUl'IDARY A DISTANCE OF 11.73 PBST; T1IIINCB CONTAlI11tdG ALONG gAID WHSI7iRLyBOUNDARY SIS°33'00"B A DiSTANC9 OF 10.78 F~1' TO THB POINT OF BH(LtgNmir_i_ gAiD Sip CONTAB4DK12,190 SQUARE FBETMORE ORI83S. . . ®il~)3~ LINE TABLB - LiNE BEARING LENGTH Ll 379°31'as" W 2 .33 L2 3 16°38'14' W 1.96 L3 N 00°1127" W • 3.30 IA N 79°28'49" B 33.73 T ~ TT,f, Exhibit "D" 103 OAK RIDOH DR. ~..- ..~~ ~~. `b. C1~i~ /• Q ~a ~~ • ~ ~ 1 I.AAIDSCAPH BASH~ffi4T 6,77o sr: ~~ N U \"• V ~~~ ~~ ~~^I O~1 ~~ ` L~ ,/ ~'\ /' v coRr>BR SCAI,E_~`1" i 2Oi 20' IAT3 101 OAK RIDGB D& MS RBBAR & CAP L.B. #399335 lAM)BCAPB BABltlvffiNT DBSCRIPTTON A PARCEL OP LAND SIT[TATBD IN THE SP71MNW1/4 OF SHCf1ON 3, TOWNBEBP 10 9OUTA, RANQB BS WEBT OP THB SD"1'H PRINGH'AL MHRIDIAN, COUNTft OF PR'RII4, BTATH OF COLORADO, SAID PARCBL BHHiC3I~pRBPARTICULARLY DBBCR®8D AB FOLIAP'B: CQMA>H4CINOATA POIIJTBRING T1IBSOUTFil31tLY CORNBR OF APARCBL OF LAND ALSO KNOWNAS LOT 3. ABP11N OAK LOTB, WAHTIC6 THB 3OUTA QLARTBR OORNBR OF SAID SHCIION 3 HBARS 333°39'36"B ADISTAWCB OF 3,136.63 PH61', THH POINT OF . HBOII4NAlO: TFHiNCE 670°54'06"W~ADISTANCB OF 31.03 FSBl' TO A POINT ON TAB NORTHIRt[.Y B(RIDIDARY OF A 30.00' ROAD HABBMffi4T AS SHOWN M HOOK 362 AT PA(Bt 668 III THB PITKRV COTINiY Ct.BRKAND RBCORDBRB OPPICB; THBNICE ALONG SAID NORTABRLY BOUNDARY ALONG THB ARC OF A.CURVH TO THB I.HFT HAVING A RADIUB OF 115.00 Ft03T'AND A CBNl'RAL ANOLB.OF 33°3925•, A. DIBTANCH OF 61.35 FRET (CHORD AHARB N82°32'43•W A DISTANCE OF 66.59 FB6P): THBNC6 LHAVING SAID NOR7'HHRLY. BOUNDARY NI8°13'28"W ALONG TI11; BABTBRLY 71DCiH OF AN ASPHALT DRIVBWAY ADL4TANCH OP 17.04 FR81; THBPICB CONTTNUHVGALONG SAID DR[VHWAY NI2°06'OT"W 32.42 PBIiT; TH@ICH LBAVAfG BAID DRIVHp+AY ALONO TBE ARC OP A CURVE 7'O TAB RI(B[I' HAVING ARADIUS OF 76.72 FPS! AND A Cffi4'fRAL ANGLB OP 61°4228", ADISTANCE OF 8263 F$ET (CHORD BHARS N65°4945`B A DtSTANC6 OF 78.69 FE81) TOA POINT ON TAB WBSIBRLY BOUHI3ARYOF.BAID LOT 3; THENCE 634°OS'00"B ALONG BAID WBSTffitLY BOUNDARY A I)ISTANCB OF 32.03 F138T;TH@iCHCONTINUB4O ALONG SAID WHST8RLY 1OUNDARY BIB°53'00"RADIBTANCE OF 55.00 PHBTTO THQ POINT.OP namnn.nva °.ma.m..m..................... ~_____._____ ___._ _. `J~al''.?~i LINE TABLE LINH _ BEARING LffiV(}TH L30 B 70°54'06" W 31.05 ' Ll1 N 1,8°33'26" W 17.04 Exhibit "E" ail=?~~ EXHIBTT "F" [Form oCLienHolder's SubordlnationJ Lien Holder's Subordination ("Lien Holder"), being the beneficiary of that cxriain Deed of Trust dated and recorded , at Reception No. (the "Deed of T t'~ encumbering Lot B, Oak Ridge Lots, which is legally described as: [Insert Legal Description) hereby consorts to and approves that certain Termination of Private Road Easement Agreement and Grant of Access, Utility and Landscaping Easements recorded in the real estate records of Pitkin County, Colorado on 2008 at Reception No. (the "Easement AgreemenY~. Lien Holder hereby agrees that the Deed ofTmst is subordinate to the Easement Agreement and that the Easement Agreement shall be deemed to have been executed and recorded in the real estate records of Pitkin County prior to the Deed of Trust, and the Easement Agreement shall survive any foreclosure under the Deed of Trust. Executed this day of 200 . [Name of Lim Holder] Name: Title: STATE OF ) COUNTY OF The foregoing Lim Holder's Subordinafion was acknowledged before me this _ day of >bY of WITNESS my hand and official seal My Commission expires: Notary Public :~, - ., ~~ a-:. ~~~~ ~ . ,t~.~.,. ~ ,~ ~w •, 4\ ~ ~~ /¢~ rid:, s a ~ .~s.ia r:p~~x ~v.. w. i.7,l iix / ~r ~Yai-o: ~`L PDP T(>0-~ift-rn. q8 ~„- ~v-v.n•... N -oa.5 . _- - ' - ~.:.qi \~~ .~-.~ _ ~~ ~~~ _, :0.'. ~•-rs 6.. - ~~~' .°".°i~~ as ,\~`. ~. a -_.Eti 6 ~C-' aau .' vt~ru . ~.x aye. ~ ~ .. m 4.':e... ~q:.. ~ x «ro n n ~... w.. W + 4 ~ ~ 9 t RS / / ~ \~_` ~ ~~.. \~~ \ -~ • 'y ~ ~`~ «o,< ~...,.t..s,.. nEPES SERO'ET Esc/LEERS /)'C « w~ys- ,~ /" \ '. Michael Kraemer From: Andy Jizba [andy@dougragerarchitect.com] Sent: Tuesday, May 05, 2009 12:21 PM To: Michael Kraemer Subject: Oak ridge follow up Mike, I spoke with Tim Petz, septic designer, and we discussed the 15' "lane" for the septic lines. He says that they will use a small excavator on tracks, approx. 6' wide, and he can weave in and out of the larger Gambrel oaks to minimize disturbance. He would like to have a activity envelope of about 5-8 feet on either side to allow him to use the whole 15' lane to minimize disturbance to the oaks. Also, having the activity envelope azound the pasture will allow him to minimize the width through the lane with bigger equipment. Will adding these activity envelopes delay us any further? Like we discussed, I will have Peak Surveying make the title change and add these envelopes for the mylaz if it doesn't create further delay. Will send you a pdf of the changes for you to ok before making mylaz. Thanks, Andy Jizba Doug Rager, Architect 970.279.411 2 Andy's Ext. 970.927.1 7S0 Doug's Phone & Fax a-(\ Z ~ % ;, ;' . ~, .~ ~~ ~ ;; v ,; ,, ~ 1E4 ~ j RwoESreo ncrmn i ~ E ~~ ~ yew -!~ ~_ REOUEStEU WPSTE NV-~ ~~ _ '~-.~,!~yyATER I POSgI ~ _ - ~~~EMS PE ~ ~~- f~ too i ,m rv I \_ - - ~ ~ ~' ~, ~_~ ~~.NE _ w° ~~~ /1' S~eP Enveb Raqueat ~_ F SCA U~~ '~U~ ~i ,` ~\\ \ \\ \ ~~OSk e•,~~, ~ ms ~~°` e . °~.~. w w> ,~ a~_ dye ao~ s ~ wm ,8 =~~ , g o~~ 8 ~~_ `y8a+ A w Yn Q J° ,e`P j DQ mo H~ N i IESreo narvnr mPE ( i ~ ~• { _I 1 i ~ i ; ~~.,_... .~ ii -1 '~ REOUESrEO~Ptt /' ENVELOPE EAPRN $ I ~ ~I u ®..FO.... ^/3~. v~ ~/ iu e \ ~W~~ < v „?'-' ! K / °" ~~ ~, ~~~ ~ ; -~ A1.1 a' PITHIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 Apri18, 2009 Douglas L. Rager PO Box 481 Aspen, CO 81612 dous(u)dougragerarchitect.com Re: Roaring Fork Valley Holdings LLC Minor Amendment to a Development Permit (CASE P028-09; PID 2735-032-00-013) Dear Mr. Rager: 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 and 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 Waeehtler 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 FROM: Mike Kraemer, Community Development Department Re: Roaring Fork Valley Holdings LLC Minor Amendment to a Development Permit (PID 2735-032-00-013; Case P028-09) DATE: Apri18, 2009 Attached for your review and comments aze materials for an application submitted by Roazing Fork Holdings, LLC. The Pitkin County Community Development Director will review the application. Please return your comments to me by Tuesday, May 19, 2009. PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM. Thank you. Buttermilk Metropolitan District 133 Prospector Road, Suite 4210 Aspen, Colorado 81611 Joyce thnico, President Vince Santucci, Vice-President Charles Malkrmus,'1'rrasurer Tom Sando, Secretary Jeff Ynseen, Director Gary Beach, Manager Mike Kraemer Community Development Department 130 South Galena Steet Aspen, Colorado 81611 Re: Dear Mike: Apri123, 2009 Roaring Fork Valley Holdings Minor Amendment Upon review of the Application Materials submitted to the Buttermilk Metropolitan District, we provide the following comments: Oak Ridge Drive lies wholly within the Buttermilk Metropolitan District. The road is owned, operated and maintained by the District and the Minor Amendment proposes to replace the existing driveway with one that will be increased in width to twenty feet. Any improvements that connect to a District road must comply with all District standards, including standards for any drainage facilities, and any connections between driveways and road ways. In addition, no cutting of any district road is permutted for any reason without prior written authorization of the District. To date, the District has not been provided with any plans to review and has not approved any drainage, road way or access connections for the Roaring Fork Malley Holdings property. These issues should be addressed at this time. In addition, the District Rules and Regulations, require that all constructed improvements to properties within the District are subject to a Heavy Vehicle Use Fee, which is determined by, and collected by the District to offset the accelerated wear created by heavy vehicle use of District Roads including West Buttermilk Road and Oak Ridge. No access to the site by heavy vehicles is authorized by the District until such time as this fee has been remitted to and accepted by the District. 2. The Minor Amendment does not appear to address water supply within the Application. The Buttermilk Metropolitan District installed and completed a new potable water system in 2004 that provides water service to all qualifying properties within the District's corporate boundary. The Roaring Fork Valley Holdings Lot 3 lies within the District and is therefore eligible for service upon the submission of an application for water service. This application must provide an estimate of demand for the entire property (Lot 3) in order for the District to determine if capacity is available to service the proposed demand. The Water Service application may be rejected, but if approved it may require the payment of a tap fee and a water right dedication fee if the proposed water service for the property exceeds that which was contemplated for service in 2004. The District will provide all forms necessary for the application for water service and the demand calculations. Tel. 97(1-925-3475 BMD@beachresource.com F'ax.97(l-925-4754 O~ BUTTERMILK METROPOLITAN DISTRICT Page 2 Approval of the expanded water service can be made at the staff level and if additional fees are required, they must be received by the District prior to the start of construction of any improvement on Lot 3. Because Oak Ridge Drive is narrow and sloped to the west, erosion protection at the site will need to be approved by the District and maintained throughout the project. Traffic control maybe required to allow for the safe passage of vehicles without unreasonable delays during all construction days. Due to the narrow width of Oak Ridge, no pazking of construction vehicles is allowed on Oak Ridge at any time. The District must be provided with a pazking and construction management plan prior to the start ~f the project and the District may reject any plan that may cause disruption to emergency service, damage to roads and shoulders or damage to any drainage structure of the District. Construction vehicles will not be allowed to park on Aspen Oak due to the narrow width of the road. Should you have any questions regazding this response, please give me a call. Sincerely, By ach District Manager 101 oek edge minoe amend «view.wpd c<: 8ha7\engNeedng\ PITKIN ~JNTY COMMUNITY DEVEL~IVIENT Permit Receipt RECEIPT NUMBER 00027481 Name: Doug Rager Architect PC Project Address: 101 OAK RIDGE DR Type: check # 1139 Permit Number 0028.2009. PLAN 0028.2009. PLAN Fee Description PP- Flat Fee PP-Clerk Tech Fee Date:4/2/2009 Amount 748.00 25.00 Total: 773.00