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Home My WebLink Aboutpitkin.planning.264309302003 (3)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Plat copies (I lxl7) Parcel ID: 2643- 09 -3 -02 -003 Application Date: Description: Collins Extension of Vested Rights WITHDRAWN Project Address: 201 RIVER RIDGE RD, WOODY CREEK, CO 81656 Property Owner: COLLINS Address: PO BOX 369 WOODY CREEK, CO 81656 Owner's REP: HERBERT S & MARSHA KLEIN Address: 201 N MILL ST REP's Email: hsklein @rof.net ASPEN, CO 81611 Referrals: ALL OTHER REFERRALS Comments Due Date: 05/29/2009 Meetings: let Meeting: Meeting Date: 06/10/2009 Review Body: bocc Public Hearing? no Notice Date. Meeting Notes: Other Referrals Woody Creek Caucus 2nd Meeting: Approvals: BOCC Resolution #: P &Z Determination #: BOCC Ordinance #: HO Determination #: Admin Determination #: Other Information: VR Approval Date: VR Expires Date Remarks: Plat Recorded Date Plat (Bk, PG): Application Type: Vested Rights - Extension /Reinstatement AN die Case No: P036 -0 Planner: Mike Kraemer # Copies: 8 Allocated Hours: 4 % Over Hours: 4.8 Owner Phone: REP's Phone: (970) 925 -8700 3rd Meeting: �wvK(C `niT -4A (brID .J. . 11 09 C39: 2G. Janet K. Schoeberlein 970- 922 -7295 p.l Woody Creek Caucus District Planning Commission P. O. Box 297 Woody Creek, Colorado 81656 May 07, 2009 Pitkin County Community Development Department 130 S. Galena Street Aspen, Colo. 81611 Attn: Lance Clarke Re: Collins Extension of Vested Rights The Woody Creek Caucus District Planning Commission has discussed the subject application and we support the extension of vested rights. We feel that the rive year extension, as was granted in the original application, is appropriate. For The Woody Creek Caucus ll Planning Co ssion Janet K berZ ul u 11177. ►1-110 u TO: Board of County Commissioners Regular Meeting r— June 24, 2009 ACC t♦ THRU: Cindy Houben, ommunity Development Director FROM: Mike Kraemer, Planner in< RE: Collins Extension of Vested Rights SUMMARY: Pursuant to Section 2 -20 -170, the Applicant is seeking a 5 year extension of the vested rights for Lot 3 of the River Ridge Subdivision approval and GMQS allotment. The Applicant initially requested that the entire subdivision and GMQS approvals be extended but has changed the request to only extend the approvals for Lot 3. APPLICANT: Jim Collins REPRESENTATIVE: Herb Klein LOCATION: The Lot is located off Upper River Road on River Ridge Road. The lot is legally described as Lot 3 of the River Ridge in Woody Creek Subdivision. PID # 2643 - 093 -02 -003. ZONING/LOT SIZE: The Lot is zoned AR -10 and contains 20.8 acres. UPDATE: At the last BOCC meeting on June 10, 2009 the BOCC elected to continue the Application in effort for the Applicant to consider additional potential benefits to the County identified at the meeting as GMQS commitments, site plan review, additional preservation of land, and house size limitations. The Applicant has elected to have the original proposal reviewed on its merits and not include any amendments to the application. Staff feels that the application does not meet the requirements for an extension of vested rights for the reasons outlined in the June 10, 2009 Staff memo to the BOCC (Attachment A). RECOMMENDATION: Staff recommends that the BOCC adopt a motion to deny the Collins Extension of Vested Rights, subject to the attached Resolution. ATTACHMENTS: A. June 10, 2009 Staff memo to the BOCC. Application provided separately Page I of I 00000! o-; 5 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, DENYING THE COLLINS REQUEST FOR AN EXTENSION OF VESTED REAL PROPERTY RIGHTS Resolution No. -2009 RECITALS 1. Jim Collins ( "Applicant") has applied to the Pitkin County Board of County Commissioners ( "BOCC ") to request a 5 year extension of the vested rights for Lot 3 of the River Ridge at Woody Creek Subdivision and GMQS allocation of 3,000 square feet of floor area approval. 2. Lot 3 is located off Upper River Road on River Ridge Road. The lot is legally described as Lot 3 of the River Ridge in Woody Creek Subdivision. PID # 2643 - 093 -02 -003. 3. Lot 3 is zoned RS -20 and is approximately 12 acres. 4. The Lot is currently developed with a single family residence. Subdivision approvals were established in 2004 with the Final Plat approved pursuant to BOCC Resolution No. 92 -2004 (Plat recorded at B72 P25). This approval granted a three (3) Lot subdivision, established building envelopes, and identified Lot 3 as the fathering parcel. A GMQS allocation of 3,000 square feet was approved for Lot 3 pursuant to BOCC Resolution No. 003 -2007. Covenants have not yet been recorded for the commitments made because a building permit has not yet been applied for using this allocation. 5. The BOCC heard this application at a duly noticed public meeting on June 10, 2009 and continued meeting on June 24, 2009 at which time evidence and testimony were presented with respect to this application. 6. The BOCC finds that the Lot and the development approvals do not provide for a County need and there is no benefit to the County for extending the vesting period for this approval. NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Board of County Commissioners that it does hereby deny the Collins Extension of Vested Rights request DENIED on the 24"' day of June, 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Jeanette Jones, Patti Kay - Clapper, Chair Deputy Clerk and Recorder Date: APPROVED AS TO FORM: APPROVED AS TO CONTENT: John Ely, County Attorney Case #P036 -09 /PID 2643 - 093 -02 -003 0011!02 A �� &" (A IC in y Houben, Community Development Director 147 Ac.H MFf-/JT- /-{- rN I -05 I ::.n Iu TO: Board of County Commissioners Regular Meeting — June 10, 2009 THRU: Cindy Houben, Community Development Director FROM: Mike Kraemer, Planner RE: Collins Extension of Vested Rights SUMMARY: Pursuant to Section 2 -20 -170, the Applicant is seeking a 5 year extension of the vested rights for Lot 3 of the River Ridge Subdivision approval and GMQS allotment. The Applicant initially requested that the entire subdivision and GMQS approvals be extended but has changed the request to only extend the approvals for Lot 3. APPLICANT: Jim Collins REPRESENTATIVE: Herb Klein LOCATION: The Lot is located off Upper River Road on River Ridge Road. The lot is legally described as Lot 3 of the River Ridge in Woody Creek Subdivision. PID # 2643 - 093 -02 -003. ZONING/LOT SIZE: The Lot is zoned AR -10 and contains 20.8 acres. EXISTING CONDITIONS/BACKGROUND: The Lot is currently developed with a single family residence. Subdivision approvals were established in 2004 with the Final Plat approved pursuant to BOCC Resolution No. 92 -2004 (Plat recorded at B72 P25). This approval granted a three (3) Lot subdivision, established building envelopes, and identified Lot 3 as the fathering parcel. GMQS allotments for new development rights were also granted for the Lots 1 and 2. A GMQS allocation of 3,000 square feet was approved for Lot 3 pursuant to BOCC Resolution No. 003- 2007. Covenants have not yet been recorded for the commitments made because a building permit has not yet been applied for using this allocation. Because Lot 3 is the fathering parcel in the subdivision, it retained a GMQS exemption of 5,750 square feet of floor area. With an approved 3,000 square foot allocation, the Lot has the ability to construct 8,750 square feet of residential floor area. The Applicant currently owns Lot 3 and it has been stated in the application that Lots 1 and 2 have been sold. Subsequently the request is only for Lot 3 to receive a five (5) year extension of vested rights. The Applicant has, in detail, outlined the previous approvals for the Subdivision and GMQS allotment. The Applicant was awarded a 5 year vesting period for the Subdivision and a 3 year vesting period for the GMQS allotment. Vesting for the Subdivision approval will expire in June and vesting for the GMQS allocation will expire in January of 2010. In both cases, if vesting for these approvals expires the Lot will be subject to any new changes to the Code. Since these approvals, the 2006 Land Use Code was adopted. From site planning perspective, Staff does not think that the 2006 Code would change the approved building and barn envelopes for the Lot. From a floor area perspective, the 2006 code has not changed such that the 3,000 square foot allocation would be compromised. Page I oj3 0 0(► 0'� It should be noted that in 2006 the scoring portion of Growth Management changed so that property owners in subdivisions could not use subdivision commitments required by the Code to score points and gain additional floor area. It appears that the Applicant used portions of the subdivision commitments that were required to score points for the allocation. This was permissible prior to the July 2006 Land Use Code. Under today's Code, those commitments would not score points towards an allocation. REFFERALS: Staff referred the request to the Woody Creek Caucus who supported the application (Attachment A). STAFF COMMENTS: VESTED RIGHTS EXTENSION: The Applicant is requesting a 5 year extension of vested rights. Pursuant to section 2- 20- 170(d), the BOCC shall consider the following criteria in reviewing a request for an extension of vested property rights: 1. The applicant's compliance with any conditions requiring performance prior to the date of application for extension or reinstatement of vested rights. Response: The Applicant has stated that the all commitments of the development agreement for the subdivision have been satisfied however in review of the Development Agreement, performance requirements were only needed for the newly created Lots 1 and 2. 2. The progress made in pursuing the project to date, including the effort to obtain any other permits, such as building permits, and the expenditures made by the applicant in pursuing the project. Response: The Applicant states that two of the three lots in the subdivision have been sold however this request has been amended to specifically request an extension for Lot 3. It is not evident to Staff that the Applicant has made efforts to move towards obtaining a building permit. Expenditures such as architectural plans or engineering to the objective of obtaining a permit on Lot 3 have not been provided. 3. The nature and extent of any benefits already received by the County as a result of project approval, such as impact fees or land dedications. Response: The Applicant has provided a long list of benefits that the County has received as a result of this project which are outlined in pages 3 through 5 of the submittal packet. All of the benefits that the Applicant argues have been already received were part of the Subdivision approval process or part of GMQS commitments the Applicant made in effort to score points to obtain allotments for the newly created Lots 1 and 2 or allocation of additional floor area for Lot 3. 4. The needs of the County and the applicant that would be served by approval of the extension or reinstatement request. Response: Staff does not envision any County needs will be served by extending the vesting period for Lot 3. Extension of the vesting period will serve the Applicant's needs by solidifying development approvals for an additional 5 years and create certainty against any new changes to the Code. Page 2 of3 00U P10( DISCUSSION: In recent history, it has been Staff's ongoing policy to not recommend approval for extension of vested rights requests unless significant new benefits are provided to the County. Staff will stay consistent with the policy on this application. If the Applicant's vested property rights do expire, Staff, does not envision drastic changes to the envelopes already approved in the Subdivision or the GMQS allocation that has been obtained. No floor area restrictions have been e$tablished that would prohibit the Applicant from building the amount of floor area that is approved today. Interestingly, Chapter 2 of the Code states that GMQS allocations and Subdivision approvals are both Land Use Approvals that do not lapse meaning that they will be recognized as approvals in perpetuity but are subject to any Code changes. With these approvals in place the Applicant will only need to address any Code changes that have occurred since the expiration of the vested rights. RECOMMENDATION: Staff recommends that the BOCC adopt a motion to deny the Collins Extension of Vested Rights, subject to the attached Resolution. ATTACHMENTS: A. Woody Creek Caucus comments Application provided separately Page 3 oj3 00(1005 MEMORANDUM TO: Board of County Commissioners Regular Meeting — June 10, 2009 THRU: Cindy Houben, Community Development Director FROM: Mike Kraemer, Plannerh% RE: Collins Extension of Vested Rights SUMMARY: Pursuant to Section 2 -20 -170, the Applicant is seeking a 5 year extension of the vested rights for Lot 3 of the River Ridge Subdivision approval and GMQS allotment. The Applicant initially requested that the entire subdivision and GMQS approvals be extended but has changed the request to only extend the approvals for Lot 3. APPLICANT: Jim Collins REPRESENTATIVE: Herb Klein LOCATION: The Lot is located off Upper River Road on River Ridge Road. The lot is legally described as Lot 3 of the River Ridge in Woody Creek Subdivision. PID # 2643 - 093 -02 -003. ZONING/LOT SIZE: The Lot is zoned AR -10 and contains 20.8 acres. EXISTING CONDITIONS/BACKGROUND: The Lot is currently developed with a single family residence. Subdivision approvals were established in 2004 with the Final Plat approved pursuant to BOCC Resolution No. 92 -2004 (Plat recorded at B72 P25). This approval granted a three (3) Lot subdivision, established building envelopes, and identified Lot 3 as the fathering parcel. GMQS allotments for new development rights were also granted for the Lots 1 and 2. A GMQS allocation of 3,000 square feet was approved for Lot 3 pursuant to BOCC Resolution No. 003- 2007. Covenants have not yet been recorded for the commitments made because a building permit has not yet been applied for using this allocation. Because Lot 3 is the fathering parcel in the subdivision, it retained a GMQS exemption of 5,750 square feet of floor area. With an approved 3,000 square foot allocation, the Lot has the ability to construct 8,750 square feet of residential floor area The Applicant currently owns Lot 3 and it has been stated in the application that Lots 1 and 2 have been sold. Subsequently the request is only for Lot 3 to receive a five (5) year extension of vested rights. The Applicant has, in detail, outlined the previous approvals for the Subdivision and GMQS allotment. The Applicant was awarded a 5 year vesting period for the Subdivision and a 3 year vesting period for the GMQS allotment. Vesting for the Subdivision approval will expire in June and vesting for the GMQS allocation will expire in January of 2010. In both cases, if vesting for these approvals expires the Lot will be subject to any new changes to the Code. Since these approvals, the 2006 Land Use Code was adopted. From site planning perspective, Staff does not think that the 2006 Code would change the approved building and barn envelopes for the Lot. From a floor area perspective, the 2006 code has not changed such that the 3,000 square foot allocation would be compromised. Page I of3 1 �- S It should be noted that in 2006 the scoring portion of Growth Management changed so that property owners in subdivisions could not use subdivision commitments required by the Code to score points and gain additional floor area. It appears that the Applicant used portions of the subdivision commitments that were required to score points for the allocation. This was permissible prior to the July 2006 Land Use Code. Under today's Code, those commitments would not score points towards an allocation. REFFERALS: Staff referred the request to the Woody Creek Caucus who supported the application (Attachment A). STAFF COMMENTS: VESTED RIGxTs EXTENSION: The Applicant is requesting a 5 year extension of vested rights. Pursuant to section 2- 20- 170(d), the BOCC shall consider the following criteria in reviewing a request for an extension of vested property rights: The applicant's compliance with any conditions requiring performance prior to the date of application for extension or reinstatement of vested rights. Response: The Applicant has stated that the all commitments of the development agreement for the subdivision have been satisfied however in review of the Development Agreement, performance requirements were only needed for the newly created Lots 1 and 2. 2. The progress made in pursuing the project to date, including the effort to obtain any other permits, such as building permits, and the expenditures made by the applicant in pursuing the project. Response: The Applicant states that two of the three lots in the subdivision have been sold however this request has been amended to specifically request an extension for Lot 3. It is not evident to Staff that the Applicant has made efforts to move towards obtaining a building permit. Expenditures such as architectural plans or engineering to the objective of obtaining a permit on Lot 3 have not been provided. 3. The nature and extent of any benefits already received by the County as a result of project approval, such as impact fees or land dedications. Response: The Applicant has provided along list of benefits that the County has received as a result of this project which are outlined in pages 3 through 5 of the submittal packet. All of the benefits that the Applicant argues have been already received were part of the Subdivision approval process or part of GMQS commitments the Applicant made in effort to score points to obtain allotments for the newly created Lots 1 and 2 or allocation of additional floor area for Lot 3. 4. The needs of the County and the applicant that would be served by approval of the extension or reinstatement request. Response: Staff does not envision any County needs will be served by extending the vesting period for Lot 3. Extension of the vesting period will serve the Applicant's needs by solidifying development approvals for an additional 5 years and create certainty against any new changes to the Code. Page 2 of 3 Z DISCUSSION: In recent history, it has been Staffs ongoing policy to not recommend approval for extension of vested rights requests unless significant new benefits are provided to the County. Staff will stay consistent with the policy on this application. If the Applicant's vested property rights do expire, Staff, does not envision drastic changes to the envelopes already approved in the Subdivision or the GMQS allocation that has been obtained. No floor area restrictions have been established that would prohibit the Applicant from building the amount of floor area that is approved today. Interestingly, Chapter 2 of the Code states that GMQS allocations and Subdivision approvals are both Land Use Approvals that do not lapse meaning that they will be recognized as approvals in perpetuity but are subject to any Code changes. With these approvals in place the Applicant will only need to address any Code changes that have occurred since the expiration of the vested rights. RECOMMENDATION: Staff recommends that the BOCC adopt a motion to deny the Collins Extension of Vested Rights, subject to the attached Resolution. ATTACHMENTS: A. Woody Creek Caucus comments Application provided separately .3 Page 3 of 3 4-1t&d- M4J-r 4 Woody Creek Caucus District Planning Commission P. O. Box 297 Woody Creek, Colorado 81656 May 07, 2009 Pitkin County Community Development Department 130 S. Galena Street Aspen, Colo. 81611 Attn: Lance Clarke Re: Collins Extension of Vested Rights The Woody Creek Caucus District Planning Commission has discussed the subject application and we support the extension of vested rights. We feel that the five year extension, as was granted in the original application, is appropriate. For The Woody Creek Caucus D' tt Planning CCo�"ission Janet K. Schoeberlein iOTI - - - -- T •d L' I-z1 `oq sGaL- 226 -OL6 utaTJagaoy0g •N Sauer e82:60 60 TT ra RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, DENYING THE COLLINS REQUEST FOR AN EXTENSION OF VESTED REAL PROPERTY RIGHTS Resolution No. -2009 RECITALS 1. Jim Collins ( "Applicant') has applied to the Pitkin County Board of County Commissioners (`BOCC') to request a 5 year extension of the vested rights for Lot 3 of the River Ridge at Woody Creek Subdivision and GMQS allocation of 3,000 square feet of floor area approval. 2. Lot 3 is located off Upper River Road on River Ridge Road. The lot is legally described as Lot 3 of the River Ridge in Woody Creek Subdivision. PID # 2643 - 093 -02 -003. 3. Lot 3 is zoned RS -20 and is approximately 12 acres. 4. The Lot is currently developed with a single family residence. Subdivision approvals were established in 2004 with the Final Plat approved pursuant to BOCC Resolution No. 92 -2004 (Plat recorded at B72 P25). This approval granted a three (3) Lot subdivision, established building envelopes, and identified Lot 3 as the fathering parcel. A GMQS allocation of 3,000 square feet was approved for Lot 3 pursuant to BOCC Resolution No. 003 -2007. Covenants have not yet been recorded for the commitments made because a building permit has not yet been applied for using this allocation. 5. The BOCC heard this application at a duly noticed public meeting on June 10, 2009 at which time evidence and testimony were presented with respect to this application. 6. The BOCC finds that the Lot and the development approvals do not provide for a County need and there is no benefit to the County for extending the vesting period for this approval. NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Board of County Commissioners that it does hereby deny the Collins Extension of Vested Rights request DENIED on the 10`s day of June, 2009. ATTEST: Jeanette Jones, Deputy Clerk and Recorder APPROVED AS TO FORM: John Ely, County Attorney Case #P036- 09 /PID 2643 - 093 -02 -003 J BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Patti Kay- Clapper, Chair Date: APPROVED AS TO CONTENT: Cindy Houben, Community Development Director 0 0 KLEIN, COTE & EDWARDS, LLC HERBERT S. KLEIN hsk(,Jkcelaw.net LANCER. COTE, PC' Ircgkcelaw.net JOSEPH E. EDWARDS, III, PC peeokcelaw.net COREY T. ZURBUCH ctzCkcelaw.net EBEN P CLARK epc @kcelaw.net MADHU B. KRISHNAMURTI mbk @kcelaw.net DAVID C. UHLIG dcuCkcelaw.net * also amated in California ATTORNEYS AT LAW April 24, 2009 Pitkin County Community Development Department c/o Cari Anne Holcomb, Planner 130 S. Galena Street, 3rd Floor Aspen, CO 81611 201 NORTH MILL STREET, STE. 203 ASPEN, COLORADO 81611 TELEPHONE. (970) 925 -8700 FACSIMILE: (970) 925 -3977 RE: Application for Extension of Vested Rights for James H. Collins — 201 River Ridge Road; Lot 3, River Ridge Subdivision, PID #264309302003 ( "Lot 3" or the "Property ") Dear Cari Anne: This application for extension of vested rights is submitted on behalf of James H. Collins, the owner of the Property and seeks approvals for an extension of the vested rights period for the subdivision approval and the GMQS approval applicable to Lot 3, each of which is described below. This letter provides the written description of the request and demonstrates compliance with the applicable provisions of Pitkin County Land Use Code found at Sec. 2 -20 -170 (d), titled Extension or Reinstatement of Vested Property Rights; Reinstatement of Development Approval. The Applicant's address is P.O. Box 369, Woody Creek, Colorado. The Property is part of a three lot subdivision known as River Ridge (the "Subdivision "), located in Woody Creek. This firm is authorized to act on Applicant's behalf with regard to the Property and Mr. Collins' consent thereto is evidenced by Exhibit 1. The Subdivision was granted subdivision approvals pursuant to Resolution 092 -2004 (the "Subdivision Approval "), recorded September 20, 2004 at Reception No. 502098, a true copy of which is attached hereto at Exhibit 2. Pursuant to the Subdivision Approval, the property was granted vested rights for a period of five years, which expire on June 23, 2009. The Subdivision Approval allowed for the creation of two new lots from the fathering parcel (now Lot 3) and resulted in a total of 3 lots. Certain conditions of the Subdivision Approval apply to Lot 3 as well as the new lots. Lot 3 obtained Growth Management Allotments for 3000 square feet of additional floor area pursuant to Resolution 003 -2007 (the "GMQS Approval ") recorded March 6, 2007, at reception No. 535138, a true copy of which is attached hereto at Exhibit 3. The vested rights for the GMQS Approval expire on January 10, 2010. The Subdivision's approved lots consist of Lot 1 (3.99 acres) and Lot 2 (10.42 acres) and Lot 3, consisting of 20.85 acres, including a 5.6 acre Non - Development Area accounting for the remaining 5 + acres of density to support the density for Lot 1 and Lot 2 (AFR -10 requires 20 acres of density for two lots). The Subdivision's approval granted a GMQS allotment for Lots 1 9101'A l oT q(D Pitkin County Community Levelopment Department • April 24, 2009 Page 2 of 5 and 2 for single family residential purposes with dwelling units of 5,750 square feet each by right and subdivision approval for three parcels (Lots 1, 2, 3). Lots 1 and 2 have been sold. A residence is under construction on Lot 1. Lot 2 is not yet developed. Lot 3, remains owned by the Applicant and this application is submitted to extend the vested rights under both the Subdivision Approval and the GMQS Approval as they pertain to Lot 3. The Subdivision Approval acknowledged that Lot 3 was entitled to 5750 square feet of floor area and additional floor area as may be granted pursuant to further GMQS allotments. The GMQS Approval granted such additional floor area in the amount of 3000 square feet. The intent of the GMQS Allotment application was to allocate the 3000 square feet of additional floor area as follows: Allowed floor area by right: Existing residence and garage: Unused, by right floor area; New CDU Expansion of Existing residence: Net new floor area allotment: 5750 square feet 5008 square feet 742 square feet 1000 square feet 2742 square feet 3000 square feet Total non - exempt residential floor area of the approved allotment: 7750 in residence + 1000 CDU = 8750 sq. ft. Commitments originally made by the Subdivision are documented in the Protective Covenants for River Ridge in Woody Creek Subdivision/PUD (the "Declarations ") recorded in Reception No. 507714 on March 9, 2005 and the River Ridge in Woody Creek Subdivision/PUD Subdivision Improvements, Development and Vested Rights Agreement recorded at Reception No. 507713 on March 9, 2005, the ( "Development Agreement "). These documents are attached hereto and incorporated herein by this reference at Exhibits 4 and 5 respectively. A true copy of the subdivision plat map for the River Ridge in Woody Creek Subdivision/PUD Subdivision, recorded March 9, 2005 in Plat Book 72 at Page 25, Reception No. 507712 is attached at Exhibit 6. A vicinity map indicating the general location of the Property is attached at Exhibit 7. A Title Commitment evidencing Applicant's Ownership is attached at Exhibit 8. Also submitted herewith is a signed Pitkin County Community Development Agreement for Payment of Land Use Application Fees form. The standards applicable to this request are found at Sec. 2 -20 -170 (d). The Applicant's response to each are set forth below. (1) CRITERIA �t('r it�rrjjn Pitkin County Community Development Department • April 24, 2009 Page 3 of 5 In reviewing a request for the extension or reinstatement of vested property rights, the Board shall consider the following criteria: (a) The applicant's compliance with any conditions requiring performance prior to the date of application for extension or reinstatement of vested rights; Response: All conditions which required performance by the Applicant prior to the date hereof have been satisfied. For example, the Applicant recorded the Final Subdivision Plat in Plat Book 72, Page 25, Reception No. 507712 on March 9, 2005 (the "Plat ") and entered into the Development Agreement with the County. All conditions of the Development Agreement have been satisfied. (b) The progress made in pursuing the project to date including the effort to obtain any other permits, such as building permits, and the expenditures made by the applicant in pursuing the project; Response: Under the Subdivision Approval, as previously stated, all conditions of approval requiring performance prior to the date of this Application have been satisfied. Two of the three lots have been sold and one is presently being developed and the conditions of the Development Agreement which required performance to date have been satisfied. The Applicant expended funds to obtain water rights, make driveway improvements, extend utilities and improve wildlife habitat. Irrigation has been improved on the agricultural lands that were committed to be preserved. (c) The nature and extent of any benefits already received by the County as a result of project approval such as impact fees or land dedications; Response: The Applicant has satisfied the Subdivision Approval requirements which included many commitments with respect to public facilities, environmental resources, open space, wildlife habitat, and affordable housing that represent a model rural agricultural lands subdivision that complies with the County's goals for the Rural Area. Under the GMQS Approval, additional community benefits were proposed and will be satisfied once development is undertaken. A summary of these benefits is as follows: (1) Affordable Housing: The affordable housing requirement for Lots 1 and 2 was 2.66 FTE and it was satisfied in the form of a buy -down of a three- bedroom category 4 condominium which has been deed restricted and sold to a qualified employee. The buy -down was of a size sufficient to house 3 FTE, thus exceeding its requirement. Under the GMQS Approval, Lot 3 will pay the applicable impact fee at the time it obtains a building permit for its permitted development. Pitkin County Community Development Department • April 24, 2009 Page 4 of 5 (2) Agricultural Preservation. Preservation of 100% of irrigated lands through the use of deed restricted Agricultural Preservation Areas was committed under the Subdivision Approval consisting of 8.4 acres, 4 of which are on Lot 2 and 4.4 of which are on Lot 3. There is an additional 5.59 acres of Non - Development Area on Lot 3 adjacent to the Agricultural Preservation Area.. Under the GMQS Approval and additional .83 acres of newly irrigated land will be added to the Agricultural Preservation Area. (3) Open Space. 87.5% of the area of Lots 1 and 2 became restricted open space. 4.4 acres of Lot 3 became subject to the Agricultural Preservation Area and 5.59 acres of Lot 3 is included in a Non - Development Area. With these two areas and the additional acreage added under the GMQS Approval, 52% of Lot 3 will be in restricted open space. (4) Wildlife and Riparian Enhancements. In order to improve habitat the Subdivision created significant enhancements that were supported by DOW. There is a dedicated Riparian Protection Zone along the Roaring Fork River within Lots I and 2 to foster riparian habitat and waterfowl habitat, plus raptor protection, waterfowl ponds, bear proof container requirements, wildlife friendly fencing and a requirement that dogs be in kennels. In addition, under the Subdivision Approval, over 100 new trees (non -fruit bearing) are required to be planted in connection with the completion of development activities on Lots 1 and 2. The GMQS Approval added an additional 30 trees (a mix of deciduous and conifer trees) and the construction of six bluebird nesting houses and a new pond which will provide further waterfowl habitat improvements, aid in fire protection and assist in the efficient use of water for irrigation purposes. (5) Transportation Benefits. The Subdivision provided a $5000 cash donation to RFTA for equipment replacement to be used in the Woody Creek area. The GMQS Approval requires an additional cash donation to RFTA for similar purposes in the amount of $2000. (6) Fire Department Benefits. The Subdivision provided a cash donation to the Fire Department to be used towards installation of a water storage tank to be located in Woody Creek and the grant of an easement for Fire Department access to use an existing pond on the Lot 3 for water for drafting to fight fires in the Woody Creek neighborhood. The GMQS Approval requires an additional cash donation to the Woody Creek Fire Department for similar purposes in the amount of $2000. (7) Air Quality — Fire Places. The property lies in an area of the County where one wood burning fireplace and one certified wood burning stove or one gas fireplace are allowed for each lot. The Subdivision Approval for Lots 1 and 2 imposed conditions which are more restrictive than these County regulations and the Declaration prohibits any new wood burning fireplaces on both Lots 1 and 2 and required that the existing wood burning fireplace in the residence on Lot 3 be eliminated or converted to a certified wood burning stove or a gas fireplace. The existing wood burning fireplace has been disabled. As a result of these actions, three otherwise lawful fireplaces have been eliminated. (8) Reduced Development Capability. Under the Subdivision Approval the floor area of Lots 1 and 2 was limited to not more than 75% percent of the amount of floor area otherwise allowable, with further restrictions limiting the maximum use of this footage to 8250 for a Pitkin County Community Development Department April 24, 2009 Page 5 of 5 residence on Lot 1 and 11,250 for a residence on Lot 2, with any excess footage only permitted to be used in barns. Under the GMQS Approval, the applicant proposed to limit the maximum house size, including the CDU on Lot 3 to 75% of the otherwise allowable square footage (e.g. 15,000 maximum x 75 %= 11,250 square feet). (9) Conservation. Energy and Water Conservation techniques committed to were in excess of code requirements. (d) The needs of the County and the applicant that would be served by approval of the extension or reinstatement request. Response: The Subdivision provided affordable housing in excess of the requirements of the Land Use Code and open space, extensive tree plantings, wildlife habitat improvements and its preservation of irrigated lands serves as a model for future projects. The GMQS Approval continued that concept by adding more acreage to the Agricultural Preservation Area and more tree plantings, wildlife habitat improvements and further reductions in allowable floor area. The County recognized the value of the benefits proposed when it granted the Applicant vested rights for five (5) years at the time of the approvals. An extension for a similar term is requested by this application. The approval of the requested extension of vested rights will allow these remaining commitments to be fulfilled. In addition, the Applicant asks the Board to consider the time and resources already dedicated to the Property by the Community Development Department staff, the Planning Commission and the BOCC. Requiring the Applicant and the County to work through the applicable processes again would not be an efficient use of County resources. Based on the foregoing, this Application meets each of the stated requirements for an extension of vested rights. Thank you for your consideration of this application. Sincerely, KLEIN, COTE & EDWARDS, LLC By: Her ert .Klein 0 E PITKIN COUNTY PRE - APPLICATION CONFERENCE SUMMARY - REVISED wL.Ea I ivn: zu_i raver roage Ka rover Ridge in Woody Creek, Lot 3 PI D #: 2643 - 093- 02 -00S ZONE: AR -10 SIZE: 20.85 Acres OWNER: James H. Collins REPRESENTATIVE: Herb Klein PHONE & EMAIL: 970.925.8700 hsklein(aDrof.net DATE: April 1, 2009 PLANNER: Cari Anne Holcomb, 970.920.5092 Type of Application: Extension of Vested Rights Description of Project/Development: The BOCC approved the River Ridge in Woody Creek (Collins) Subdivision pursuant to Resolution Number 092 -2004. The vested rights expire on June 29, 2009. The Applicant participated in the 2006 Rural Area GMQS competition for additional floor area to land an additional 3,000 square feet and was successful pursuant to Resolution No. 003 -2007. The vested right for the allocation expires January 10, 2010. The Applicant requests to extend these vested rights. Land Use Code Sections to be addressed in letter of request (application): Sec. 2- 20- 170(d): Extension of Vested Rights Staff will refer the application to the following agencies: Woody Creek Caucus. Review by: BOCC Public Hearing: No. FEES: $1,398 (Make check payable to " Pitkin County Treasurer ") • Planning Office flat fee: $998 (non - refundable; based on 4 hours of staff time; if staff review time exceeds 4.8 hours, the Applicant will be charged for additional time above 4 hours at a rate of $249 /hour). • Web Technology Fee: $25 • BOCC Clerk Fee: $375 To apply, submit 8 copies of the following information, unless noted otherwise: 1. Summary letter explaining the request, providing background on prior approvals and permits, and addressing each of the provisions of the Pitkin County Land Use Code identified above in sufficient detail to demonstrate that all substantive review criteria have been met. Summarize existing conditions, current uses and proposed future uses or expansions as described in Section 1.1 through 1.8 of the Pitkin County Land Use Application Manual. 2. Copies of all resolutions, ordinances and approvals including any recorded drawings for the parcel (if applicable); 3. Street address (if any) and parcel description, including legal description and 8 -1/2" x 11" vicinity map locating the subject property within Pitkin County; 4. Proof of ownership of subject property as designated in Section 1.3 of the Pitkin County Land Use Application Manual; 5. Consent from the owner of the property for the representative to process the application and represent the owner (1 copy); 6. Executed Pitkin County Community Development Agreement for Payment of Land Use Application Fees (1 copy); 7. Total fee for review of the application; 8. Copies of this Pre - Application Conference Summary form. f10 f s': fl r' NOTES: ➢ PLEASE SUBMIT ONE UNBOUND AND ONE -SIDED COPY OF YOUR COMPLETE APPLICATION. PLEASE SUBMIT TWO -SIDED COPIES OF ALL REMAINING COPIES OF YOUR APPLICATION (IF POSSIBLE). THE PARCEL IDS SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED IN YOUR APPLICATION. ➢ ONE COPY SHOULD HAVE NO DOCUMENTS LARGER THAN 11'X171 . ➢ ALL MAPS SHALL BE FOLDED. ➢ The Land Use Code is available on -line at htta: / /www.aspennitkin com/dents/71/ ➢ The Land Use Application manual is available on-line at - - - -- "MMIlVdI1011 inanuai. dt ➢ 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. i • EXHIBIT LIST Consent of Owner to Process Application Resolution 092 -2004 — Subdivision Approval 3 Resolution 003 -2007 — GMQS Approval 4 Protective Covenants for River Ridge in Woody Creek Subdivision /PUD 5 River Ridge in Woody Creek Subdivision/PUD Subdivision Improvements, Development and Vested Rights Agreement 6 Plat Map of River Ridge in Woody Creek Subdivision/PUD Subdivision 7 Vicinity Map 8 Title Commitment evidencing Applicant's Ownership 9 Conceptual GMQS site plan 6 • 121 CONSENT AND AUTHORIZATION TO PROCESS LAND USE APPLICATION The undersigned, James H. Collins whose address is P.O. Box 369, Woody Creek, Colorado, 81656, with respect to his property located in Woody Creek Colorado, hereby authorizes Herbert S. Klein, Esq. whose address is 201 N. Mill St. # 203, Aspen, Colorado, 81611, phone: 303-925 -8700, to process on his behalf an application for extension of vested rights for GMQS allotment and subdivision approvals and any other applications necessary for the development of the property. A facsimile of this authorization may be treated as an original. Date ,p it 2009 J 'S H. COLLINS G, 0 0 sIIIIN O 09/2 00980 8:444 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, APPROVING THE RIVER RIDGE IN WOODY CREEK (COLLINS) SUBDMSION/PUD DETAILED SUBMISSION AND FINAL PLAT Resolution No.61' -2004 RECITALS 1. James H. Collins ("Applicants") has applied to the Board of County Commissioners of Pitkin County, Colorado ( "BOCC ") to subdivide a 35 acre parcel in Woody Creek into three single family Intl containing 21 acres, 10 acres and 4 acres. 2. Said parcel is located on Upper River Road, and is more specifically described in Exhibit A. 3. The BOCC granted Conceptual Subdivision/PUD and 1041 Hazard Review approval, pursuant to Resolution No. 093 -2002, on May 8, 2002. 4. The Planning and Zoning Commission reviewed the Detailed Submission/Final Phi application at a regular meeting on July 15, 2003, and recommended approval by a vote of 5.0. 5. The BOCC heard this application at a duly noticed public hearing on September 10, 2003, and continued the item to a public hearing on June 9, 2004, at which fine evidence and testimony were presented with respect to the application. The application was heard at a second reading on June 23, 2004. 6. The BOCC finds that the application is generally consistent with the applicable provisions of the Pitkin County Land Use Code. NOW, THEREFORE, BE IT RESOLVED by the BOCC that it does hereby approve the River Ridge in Woody Creek (Collins) Subdivision /PUD Detailed Submission and Final Plat subject to the following conditions, which shall run with the land and he hinding on all successors in interest, and all conditions of Resolution No. 093 -2002, except as amended below: 1. The Final Plat shall be delineated by photographic methods on reproducible mylar 24 inches by 36 inches in size with a I I/2 inch margin on the left side and a 1/2 inch margin on the other sides, and drawn to scale which is not less than I inch = 100 feet, and shall otherwise comply with the provisions of Section 5 -40 -020 of the Land Use Code. 2. Prior to recordation of the Final Plat, the Applicant shall: - A. Submit the amended Subdivision Improvements Agreement and Covenants for review and approval by die Community Development Department and the County Attorney for form and compliance with the development approval. B. Provide certification from the County Treasurer's office that all ad valorem taxes applicable to the parcel have been paid for all prior years. C. Provide evidence the water rights for the ponds have been secured or eliminate the ponds from the plat. 3. Concurrent with recordation of the Final Plat, the Applicant shall record the Subdivision Improvements Agreement, the Covenants, and a deed restriction satisfactory to the Housing Authority for the three bedroom Category 4 condominium unit at 7202 Elk Run, Basalt. The unit S'v ii �U 0 0 Resolution.Vo. IA r -2004 IIIIII VIIIIIIIIIIIII VIII VIIIIIIIiI III VIIIIIII IIII 0 o9e 090 08:441 Page 2 SILVIA DAVIS PMIN COUNTY CO R 0.00 D 0.00 shall be listed by the Housing Authority for sale to a qualified resident prior to the issuance of a building permit for either of the new single family homes. 4. The Subdivision Improvements Agreement shall be amended as follows, prior to recordation: A. Paragraph I shall be amended to state that driveway shall have a 20' wide gravel surface with a minimum 14'wide driving width. B. Paragraph 14 shall be amended to clarify that financial security must be approved by the County Attorney and eliminate "may be in the form of......... ". C. Paragraph 14.3 shall be amended to clarify that if there is an owner default the County can collect on the security but is not obligated to complete the improvements and could seek other remedies, including revocation of permits and approvals. 5. The Covenants shall be amended as follows, prior to recordation: A. Article VI, 2. shall be amended to add an attorneys' fees provision. B. Clarify that covenants are perpetual and run with the land. C. Add agricultural use /assessment limitation provision. D. Article 1, 7. eliminate references to grey water system. E. Article 1, 9. change 5,570 to 5,750. F. Article 1, 10. change to reflect all driveways will he treated with dust retardant. G. Article III clarify that wildfire restrictions are applicable to Lot 3 at redevelopment. H. Article 11 clarify that wildlife restrictions are applicable to Lot 3 except that a dog kennel will not be required until sale of Lot 3. 6. Resolution 093 -2002 is hereby amended as follows; A. Condition #26 is amended to eliminate requirement for a dry hydrant. B. Condition #30, A. v. is amended to eliminate reference to a grey water system. C. Condition 430 A. viii. is amended to read as follows: Each of Lots I and 2 shall be allowed 5,750 square feet of floor area. Additional square footage may be pursued through GMQS competition or the use of TDRs. The total floor area for residences and any barns or agricultural buildings allowed collectively on both Lots 1 and 2 shall be limited to 22,500 square feet. This floor area shall be allocated between Lots 1 & 2 either on the Final PIat or at the time of sale of the first of Lots I or 2 and memorialized in a recorded document acceptable to the County. In no event shall the floor area contained in a residence on Lot 1 exceed 8,250 square feet nor shall the floor area contained in a residence on Lot 2 exceed 11,250 square feei- Floor area in excess of 8,250 square feet attributable to a residence on Lot 1 or 11,250 square feet attributable to a residence on Lot 2 may be attributed to an agricultural building or barn structure, and may be constructed on either Lot I or Lot 2, provided that total floor area for a residence and a barn or agricultural building on either Lot 1 or Lot 2 shall not exceed 15,000 square feet. For example, if Lot 2 built 11,250 square feet of floor area in a residence, it could have up to 3,750 square feet of floor area for a barn or agricultural building. In such case, Lot I would have a total of 7,500 square feet of floor area available (11,250 + 3,750 = 15,000 maximum on Lot 2, subtracted from 22,500 square foot maximum for both lots = 7,500 square feet of floor area available for all uses on Lot 1. Lot 3 shall be allowed 5,750 square feet of growth management exempt msidunLial floor area by right as the fathering parcel. Additional floor area may be pursued through GMQS competition or the use of MRS. Additional barn floor area may be allowed pursuant to regulations in effect at the time of building permit. 0 0 IIII 11111111111lIIlilll II! ResolutionNo.XX2004 5 0209g Page: 3 or s liflllilllllllll lll Page 3 09/20/2004 09:44; SILVIR DAVIS PITKIN COUNTY CO R 0.00 0 0.00 Prior to recording of the Final Plat, the Applicant shall provide a covenant or guarantee to run with the land memorializing the floor area limitations, for which the County shall be a beneficiary. The Plat shall be amended to show: A. The relocated ditch and a 30' easement surrounding the ditch. B. The Lot I building envelope moved an additional 30' fmmthe lot line (80' foot total). A development envelope for landscape purposes may remain within 50' of the lot line. C. The previously designated "Non- Disturbance Areas" in the building envelope of Lot I may be removed. D. The building envelope for Lot 2 may be expanded in a northeasterly direction by approximately 100' by 275'. 8. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, § 4 -140 and C.R.S, § 24 -68 -105. The statutory vested rights granted herein shall expire on June 23, 2009. 9. The Applicant shall comply with all material representations made in the application and in public mcctings and hearings. JJ mss, 3 9 0 Page Resolution Na.�1� -300d III I III II II III) III I II I III II IIII II III 902 OO 9 f 08.444 SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TU17ES WEEKLY on the 9' day of August, 2003. 2003. INTRODUCED AND FIRST READ AT A PUBLIC HEARING on tie 101' day of September, HEARD AND CONSIDERED AT A CONTINUED PUBLIC HEARING AND FIRST READING on June 9, 2004. APPROVED AND ADOPTED AFTER SECOND READING on the 23rd day of June, 2004. 2004. PUBLISHED AFTER ADOPTION IN THE ASPEN TOMES on the � day ofg APPROVED AS TO F John Ely, Coun y Case #PO51 -03 PID #264309300004 Lancectcases /collins sub detailedfinal bocc reso 2.doc BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By 44 . Dorothea Farris, Chair Date �2 � 5t--d (L APPROVED AS TO CONTENT: A y Houban, Community Development Director u ! J Q:D93 -:,7ao - lalmo,�A- C 0 H H I T M Y N T Plat id No. SC7Snt1LE A (continued) Order No. 406937 -C S. The land referred to in the Commitment is covering the land in the State of Colorado, County of Pitkin described as follows: A Tract of Land situated in Lot 10 Of Section 8 and in Lots 13 and .14 of Section 9, all in Tcw.lship 9 South, Range 85 West of the Sixth Principal Meridian, Pitkin County, Colorado, being more particularly described as follows, Beginning at a point whence the South Quarter corner of said Section 9 bears South 59'08'041 East 2561.28 feet: thence South 41 °27131" West 780.91 feet to a wooden fence; thence South 34 °39'37" East 56.63 feet along said fence; thence departing said fence South 33 °26'36" West .170.06 fact to the center of the Roaring Fork River; thence South 59 °12'00" East 125.98 feet along the center of the river; thence South 79.49'00" East 163.25 feet along the center of the river; thence South 62.51' o�- acf- 'S35"ZSYrgti- -ai6:5y -the -centtx- v�ti -a— ire_ - - thence South 35 °10'00° Ea6c 68.36 feet along the center of the river; thence South 78412'DO" East 85.41 =eat along the center of the river; thence departing the center of the river 1Ccrth 43 °57100" East lo51.68 feet to the 50ulhwesterly right- of -waV line of the County Roar thence North 49 °56'00" We =t 554.54 feet alnag said right -of -way line; thence North. 46 °31115" West 606.58 feet along said right- of -sray line; I North 46 °43'00' Weet 272.34 feet more or less, along said tight -oE -way line to tl:e Ncxthcrly line of said Lot 13; thence departing said right -of -way line West 532.48 feet, more or less, along the Northerly line of said Lot 13 and along the Scutherly line of Lot ll of said Secticm a to the SJuthwest corner of said lot 11; thence North 119.96 feet along the West line of said Lot 11; thence departing said West line North 86.26'57" West 673.1; feet to the Centex or the river; thence South 28 °49'07" Eaet 211.41 feet along ,the center of Lhe YSVEX; thence South 32 °54'19" East 275.79 feet along the Center of the river; thence south 45•- 04'37" East 116.00 feat along the center of the river; thence south 44.42, Do- East 144.52 feet along the carter of the river; then.. Eouth 51.47'00" Eeat iSB.24 feet nl >ng the ...ter of the river; thence departing the center of the river North 72 °00154" East 299.55 feet; thence South 47.54'00" East 835.15 feet; thence South 41°27.37+ Wert 1;4.40 feat to the point of beginning. 1111111�IIIIIII111IIIN11I ,lilIIINII111I11II1111IIB 02098e8;44F D 0,00 =-'RST ;1MZR1C2N TITLE INSURANCE C014,,ANy 46808 II�IIII DAVIS PI TIFi N1�� {�Y� �I�� t�� 0.00 z 9 Ba .3B� !!9 -d EDO /PoD d (11 -1 250PO26019 531M3J8 311 d0 ANYdV10J 31! - I1 -eBld se D5�L0 IDOZ -IG -iO 0 s� "Trel zoa7 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PPI &- COUNTY, COLORADO, ALLOCATING 2006 RURAL AREA GMQS ALLOTMENTS FOR ADDITIONAL FLOOR AREA Resolution No.003 -2007 RECITALS 1. On December 6, 2006, the Planning and Zoning Commission ( "Commission ") held a duly noticed public hearing, at which time evidence and testimony were presented with respect to Rural Area Growth Management applications. 2. The Commission reviewed the following application for the 2006 Rural Area GMQS competition for additional floor area: 31 na. • Collins: requesting an additional 3,000 square feet of floor area for a property located in Woody Creek and is described as Lot 3, River Ridge in Woody Creek Subdivision. 3.. The Commission scored the application as follows: jt N� • Collins: 51 points 4. The application met the minimum threshold score of 48 points AND achieved the minimum threshold score for each scoring category, as required to be eligible for an allotment. 5. Pursuant to Section 4 -60 -060 of the Code, the Commission's scores were forwarded by resolution to the Board of County Commissioners ( "BOCC ") on December 20, 2006. .Y 6. No appeals of the Commission's scores were filed within the required 14 day appeal period. NOW, THEREFORE BE IT RESOLVED by the BOCC that it does hereby allocate a total of 3,000 square feet of floor area to the following property as shown for the 2006 Rural Area GMQS competition for additional floor area: • Collins: 3,000 sq. ft. of floor area 1. This allocation is conditioned upon recordation of a covenant documenting the representations made in the application for the additional square footage. This covenant shall be reviewed and approved by Community Development Department and recorded against the property, prior to issuance of a building permit to utilize the awarded floor area. 2. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in the Pitkin County Land Use Code § 4 -140 and C.R.S., § 24 -68 -105, The statutory vested rights granted herein shall expire on January 10, 2010, Iilllllllllllll lililllNlllllllllillllllll {III {lillll {IIO 535138 Page: jb,;- j 0 9 Resolution No.j "4-2007 Page 2 APPROVED AND ADOPTED ON THE W day of January, 2007. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS IN THE ASPEN TIMES WEEKLY ON Ab-14 // 2QO% Ye Jones to the BOCC APPROVED AS TO FORM: John Ely, County me PID #264309302003 P X77/ -ccf i e BOARD OF COUNTY COMMISSIONERS OF PIIT� ( KIN COUNTY, COLORADO By_LVl[_L'�/l IM - ?&&o air, Michael Owsley Date_ - •6 l% APPROVED AS TO CONTENT: Cificiprioubm, I h- Community Development Director IIIIIIIIVVII II II I` 535138 ;I�'lll E�KIIIIIIICAUDII LLIIPtI��1lI1CIII �II �III�II�IIMO 03106/2087 ei2:t4l • i IIiIIIIIIIIIIIIIfIIIIIINIIIIiIINlllllllillllllillilll0507714 ;,:44 PROTECTIVE COVENANTS FOR RIVER RIDGE IN WOODY CREEK SUBDIVISION/PUD WHEREAS, JAMES H. COLLINS (hereinafter referred to as 'Declarant ") has caused certain real property in Pitkin County, Colorado, to be surveyed, subdivided and platted into three lots (collectively, the "Lots" or individually, "Lot V, "Lot 2" or "Lot 3 ") as shown on the plat of RIVER RIDGE IN WOODY CREEK SUBDIVISION/PUD (hereinafter "Subdivision "), which plat has been filed for record in the real property records of Pitkin County, Colorado, on the 9A day Of _ VVV.AAc)A , 2005 in Plat Book ZZ at Pages 2 (hereinafter referred to as "Plat "). NOW, THEREFORE, Declarant, as the owner in fee simple of all of the lands included within said Subdivision as so platted and above described, does hereby declare and acknowledge that Lot 1, Lot 2 and Lot 3 within the Subdivision, as shown on the Plat are and shall hereafter be subject to the covenants, restrictions, and Iimitations contained hereinafter; provided, however, that these Covenants are applicable to Lot 3 only where a particular condition, restriction or term expressly states that Lot 3 is subject to it. ARTICLE I GENERAL RESTRICTION 1. Development, such as overhangs, decks, and other projections, shall occur within the approved building envelopes as shown on the Plat and shall not extend beyond the envelope. 2. No new development, including grading, excavation, fill placement, berming, entry or ranch gates, and vegetation removal or disturbance shall occur outside of the approved building or development envelopes unless otherwise approved by the Pitkin County Community Development Department ( "CDD ") or County Commissioners ( "BOCCI'), except for activities such as agricultural cultivation, field maintenance, weed control, irrigation practices, ditch and/or pond construction and necessary wildfire mitigation. Utility and driveway extension and maintenance shall occur within the approved building or access envelopes. Well and septic locations may occur outside of the building envelopes in locations approved by the CDD or BOCC and the Pitkin County Environmental Health Department. Landscaping may occur outside ofthe building and development envelopes pursuant to a landscaping plan approved by the CDD or as indicated on the Landscaping Plan approved by the BOCC as part of the Final Plat approval for the Subdivision. 3. All areas disturbed by construction shall be revegetated with native shrubs and grasses to limit water consumption and additional runoff within one growing season of the project's completion. 4. On Lots I and 2, wood- burning devices (traditional or certified) shall be prohibited. Gas logs on these lots shall be allowed. The fireplace on Lot 3 shall be converted or removed and replaced with either a certified wood burning stove or one gas fireplace, at which time the Owner III�IIIl�IIII'llll II�IIIIBIiI�(llfl,l III�III�II�II�IO 50 9 20 00 1.441 SILVIA DAVIS PfTKIN COUNTY CO R 46. of Lot 3 shall obtain a fireplace /woodstove permit from the CDD. 5. If any structures are located downhill of an irrigation ditch, the ditch shall be lined or culverted as necessary. Basements and septic systems shall be located and designed in a manner that avoids impact from ditch seepage or flood irrigation. 6. Passive solar design and excess insulation shall be utilized in the construction of residences. 7. Water conserving fixtures shall be installed in residences. 8, Any contract for the construction ofresidences shall have a construction management plan that will encourage: car - pooling of workers, on -site tool storage and recycling and reused materials. The amount of fill removed from the sites shall be accomplished through limited excavation, regrading, and use of the fill on -site. Noise and dust shall be controlled during construction. 9. Each of Lots 1 and 2 shall be allowed 5,750 square feet of floor area. Additional square footage may be pursued through GMQS competition or the use of transferable development rights ( "TDRs ") or any other available process under the Pitkin County Land Use Code. The total floor area for residences and any bams or agricultural buildings allowed collectively on both Lots 1 and 2 shall be limited to 22,500 square feet. This floor area shall be allocated between Lots 1 & 2 either on the Final Plat or at the time of sale of the first of Lots 1 or 2 and memorialized in a recorded document acceptable to the County. In no event shall the floor area contained in a residence on Lot 1 exceed 8,250 square feet nor shall the floor area contained in a residence on Lot 2 exceed 11,250 square feet. Floor area in excess of 8,250 square feet attributable to a residence on Lot 1 or 11,250 square feet attributable to a residence on Lot 2 may be attributed to an agricultural building or barn structure , and may be constructed on either Lot 1 or Lot 2, provided that total floor area for a residence and a barn or agricultural building on either Lot 1 or Lot 2 shall not exceed 15,000 square feet. For example, if Lot 2 built 11,250 square feet of floor area in a residence, it could have up to 3,750 square feet of floor area for a barn or agricultural building. In such case, Lot 1 would have a total of 7,500 square feet of floor area available (11,250 + 3,750 = 15,000 maximum on Lot 2, subtracted from 22,500 square foot maximum for both lots = 7,500 square feet of floor area available for all uses on Lot 1. Lot 3 shall be allowed 5,750 square feet of growth management exempt residential floor area by right as the fathering parcel. Additional floor area may be pursued through GMQS competition or the use of TDR's or any other available process under the Pitkin County Land Use Code. Additional barn floor area may be allowed pursuant to regulations in effect at the time of building permit for such barn. .2- 0 0 163/0912005 `11:44 SILVIR DAVIS PITKIN COUNTY CO R 46.00 0 0.06 10. The Owners of Lots i and 2 shall place and maintain gravel on the driveways serving those and shall treat them with dust retardant until such time as they are paved or chip - scaled to prevent dust contamination. The Owner of Lot 3 shall treat its driveway with dust retardant until such time as they are paved or chip - sealed to prevent dust contamination 11. Certified lumber shall be used in construction framing of the new residences on Lots I and 2. Native stone shall be used whenever possible in landscaping and construction. 12. On the new lots, automatic sprinklers shall be installed in all dwellings. 13. Each building envelope for Lots 1 & 2 establishes a Foundation Setback which is approximately 20 feet from the top of the slope above the Roaring Fork River. No building foundation shall be located closer to the top of said slope than the Foundation Setback. ARTICLE II. WILDLIFE RESTRICTIONS The following restrictions shall govern development of Lots 1, 2 and 3, except that subparagraph # 1 shall not apply to Lot 3 so long as it is Owned by the Declarant or an entity in which the Declarant is a principal or a beneficiary. 1. One dog shall be allowed per lot. Prior to the issuance of a Certificate of Occupancy, a kennel shall be constructed. 2. All waste storage shall comply with Wildlife Protection Ordinance No. 010 -2001. Prior to Certificate of Occupancy, compliance with the ordinance shall be verified. 3. Fencing shall comply with Pitkin County guidelines at the time of installation. 4. Native vegetation shall be preserved outside ofthe building and development envelopes, with the exception of agricultural cultivation and any thinning and spacing required to accommodate wildfire mitigation. 5. Fruit - bearing trees and shrubs should be avoided in any landscaping. 6. Each lot owner shall comply with the provisions of the Pitkin County Noxious Weed Management Plan. 7. The ponds created shall have a littoral shelf and shall be fenced from grazing livestock except for a watering location. -3- 0 0 IIIIII VIII IIIIII IIII (IIII II/ (Iflll) Ill i ll IIII IIII 03 © D 09 20 5 11:441 SILVIR D14VIS PITKIN COUNTY CO R 40.00 D 0 00 8. Any haystacks for horses shall be fenced at the owner's expense with 8' high mesh game proof fencing. ARTICLE III. WILDFIRE RESTRICTIONS The following conditions shall govem development of Lots 1 and 2 in order to reduce the dangers posed by wildfires and shall also govem development of Lot 3 upon the replacement and redevelopment of the single family residence that exists on it as of the date of recording these Covenants: 1. For a distance of 10 — 15' around all structures, maintain vegetation at a height of 6" or less with mowed grass, low growing perennials or hardscape. Woody vegetation shall not be planted with this perimeter. 2. Conifer trees shall not be planted close to any structures. Branches of these trees shall be no closer than 10 feet measured from the outmost branches. 3. Each owner of Lots I and 2 respectively shall be responsible for the continued maintenance of the defensible space vegetation requirements. 4. Roofs shall have a non - combustible roof covering on a Class A assembly. Wood shake /shingles roofcoverings are prohibited in all wildfire hazard areas. Roofs with less than a 3:12 pitch are not permitted in 1041 Wildfire Areas unless they comply with the following: a. All roof coverings shall be noncombustible 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 natural process of clearing the roof. c. All roof designs shall facilitate the natural process of clearing roof debris. Protrusions above the roofline, such as parapets, shall be prohibited. d. Roofs shall be installed as required by the UBC 1997 Chapter 15 and shall have a minimum slope of 1:48. e. All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshall prior to submittal of a building permit application. 5. Vents shall be screened with corrosive resistant wire mesh with mesh' /4 inch maximum. -4- �'Z r'� � IA r• 0 0 1111 II I {��'IaI`' II 11 507714 page: 5 of 9 I �II�II ��III II�III111i� IIII�� IIII �II ��I�I II I 11�1 3/091 011:44, .00 000 6. Roofs and gutters shall be kept clear of debris. 7. Yards shall be kept clear of all litter, slash, and flammable debris. 8. All flammable materials and firewood/wood piles) shall be stored on a parallel contour a minimum of 15 feet away from any structure. 4. Swimming pools shall be accessible by the Fire Departments. 10, Fences shall be kept clear of brush and debris. 11. Wood fences shall not be connected to the structure. 12. Fuel tanks shall be installed underground with an approved container. 13. Propane tanks shall be installed according to NFPA 48 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any aboveground tank. Any wood enclosure around the tank shall be constructed with materials approved for 2 -hour fire- resistive construction on the exterior side of the walls. 14. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher placed in a visible and accessible location. 15. Addresses shall be clearly marked and visible with minimum 2" non - combustible letters and shall be clearly visible at the primary point of access from the public or common access road and installed on a non - combustible post. 16. Any outbuildings or additional buildings shall adhere to the same standards as structures. 17. Ali new utility lines shall be buried within the driveways. ARTICLE IV RESTRICTIONS ON AGRICULTURAL PRESERVATION AREA. RIPARIAN PROTECTION ZONE AND NON - DEVELOPMENT AREA 1. Agricultural Preservation Area ( "APA "). The "Agricultural Preservation Areas" are located as shown on the Final Plat for the Subdivision. It is intended that these areas be restricted against activities that interfere with agricultural uses and historic irrigation practices. The restrictions and obligations set forth herein shall be binding upon the Owners of lots within which these areas are located (Lots 2 and 3). Said Owners shall satisfy the obligations set forth herein on each of their respective properties. Each Owner shall undertake the active control ofnoxious weeds in these areas -5- 0 0 I I{ I {I4 1 I)1 I {I{ 507714 II�I��I I 46.30 ate9/ 0.00 t:aa as well as on the rest of their property. No buildings, structures, or improvements of any nature shall be placed, erected, altered, or permitted to remain on the APA, except for necessary utility installations, fences, ponds, irrigation structures, farm or ranch accessory structures, equestrian activity fields and facilities, and any private road which provides access and any other road necessary for agricultural operations, all subject to any requisite County approvals. 2. Riparian Protection Zone ( "RPZ " l. The RPZ is located as shown on the Final Plat for the Subdivision in the area identified as "Riparian Protection Zone." It is the intent of the RPZ that it be an area of riparian values within which natural vegetation is undisturbed and habitat for migratory waterfowl use will be enhanced. No cattle or horse grazing nor buildings, structures, or improvements of any nature shall be placed, erected, altered, or permitted to remain on the RPZ, except for necessary utility installations, fences, ponds, irrigation structures and facilities and private trails. If necessary for the furtherance of the RPZ intent, private roads may be constructed within the RPZ and vegetation may be planted or removed from the RPZ for purposes of enhancement of its riparian or waterfowl environment or for flood, fire or pest control, all pursuant to further review and approval by the Division of Wildlife and the Community Development Department, except in case of emergency. Generally, activities designed to enhance habitat that are approved by the CDOW and Community Development Department may be undertaken in the RPZ. 3. Non - Development Area ( "NDA "). The NDA is located as shown on the Final Plat for the Subdivision in the area identified as "Non- Development Area." It is the intent of the NDA that no development shall be allowed within it except for development which is of the kind permitted in the Agricultural Preservation Areas. ARTICLE V COMMON DRIVEWAY 1. Driveway Use and Maintenance. The Owners of Lots 1 and 2 share a common driveway within Lot 2 as shown and dedicated on the Plat as a "30.0' Access & Utility Easement," referred to herein as the "Common Driveway." The terms of use of the Common Driveway shall be governed by the dedication on the Plat and the terms and conditions set forth herein. 2. Guest Parking. The owners of Lot 1 and Lot 2 shall each have the right to have their occasional guests park along one side of the Common Driveway. This does not allow for overnight parking or long term parking. It is intended that this be for occasional guest parking when there are parties or other special events at each residence. Such parking shall not obstruct the movement of vehicles, including emergency vehicles to each property. 3. Improvements within the Easement. Both the owner of Lot 1 and the Owner of Lot 2 shall each have the right to construct a mailbox and identification sign within the Common Driveway within Lot 2 alongside the driveway and in the vicinity of the intersection of the Common Driveway 51 COUNTY �a ?04011:44 with the County Road. No improvements constructed by the owner of Lot 2 within the Common Driveway shall obstruct access by the Owner of lot 1. Utility improvements shall be permitted within the Common Driveway provided they are underground to the extent possible, excluding for example, electrical vaults and similar surface apparatus. The costs of such utilities shall be paid by the Owner who's property is served thereby. The Owners of Lots 1 and 2 shall equally share the costs ofand be responsible for maintenance and replacement when necessary, of the landscaping installed by Declarant, if any, along the Common Driveway. 4. Snow Plowing. The Common Driveway shall have regular snow plowing which shall keep it passable for ordinary passenger vehicles. The costs of said snowplowing shall be shared equally by the Owners of Lots 1 and 2. Snow plowing for each property's garage and other areas lying outside the Common Driveway shall be the responsibility of each property. 5. Maintenance and Repair. The Common Driveway shall be maintained and repaired in a good and passable condition for ordinary passenger vehicles. Dust suppressants shall be used as necessary. The cost of such maintenance and repair, dust suppression and any future construction or resurfacing of the driveway shall be shared equally between Lot I and Lot 2. 6. Drainage Improvements. Maintenance or repairs or new construction, necessary to accommodate the protection of the Common Driveway from erosion, ditch water or runoff, shall be borne equally by the Owners of Lot I and Lot 2. 7. Determination and Payment of Costs. If the Owners of Lot 1 and Lot 2 cannot agree as to the amount of the costs to be incurred for any ofthe foregoing items or the necessity of such work for items which are not specifically addressed herein, they shall select a local building contractor who shall review any cost or work proposals and shall finally determine whether the work is necessary and/or whether the cost proposals are reasonable. If the parties cannot agree on the selection of the contractor, then the selection ofthe contractor shall be made by any district or county court judge in Pitkin County, Colorado. 8. Emereencv Measures. In the event an emergency occurs which requires immediate maintenance or repair to the easement or improvements locatedtherein, either Owner of Lot 1 or Lot 2 may cause such work to be done and shall attempt to contact the other parry in order to discuss the necessary work prior to its being undertaken; provided, however, that if the other party is not immediately available, said work may be done and the parties shall share the costs incurred as provided herein. 9. Lien for Costs. If either Owner of Lot 1 or Lot 2 fails to pay its share of costs, the non- defaulting party shall have right institute litigation to collect such sums as are due and shall also have the right to file a lien on the non - paying party's real property and may enforce said lien by a judicially authorized sale. In addition, any costs incurred by one party which are to be shared which are not -7- .. S ^.J 0 0 Page: 2005 911:44 SILVIA DAVIS PITKIN COUNTY CO R 45.00 0 0.00 paid by the other party within thirty (30) days of an invoice therefore, shall cam interest at the rate of eighteen (18 %) percent per annum. In any collection action or any other litigation instituted to enforce or interpret the provisions of this Article, the prevailing party shall be entitled to an award of its attorney fees and costs. ARTICLE VI AMENDMENT AND MISCELLANEOUS PROVISIONS 1. Amendment. These Covenants may be amended by unanimous consent ofthe owners of the lots directly affected by the restriction or provision being amended. In no event shall any amendment be made which directly and adversely affects a lot which has not consented to the amendment. Notwithstanding the foregoing, the consent of the BOCC shall be required for any amendment to Articles 1, 11, Ill, IV or VI. Said amendment shall be evidenced by a recorded document setting forth the amendment and executed by all requisite parties. 2. Benefit and Enforcement. These covenants shall be perpetual unless revoked by the Owners Lots 1,2 and 3, with the written consent of the County. These Covenants shall run with the land and shall benefit and burden and be enforceable by the owes of Lots 1, 2 and 3, and with respect to the provisions of Articles 1, il, lll. IV or VI, the Board ofCmmty Commissioners of Pitkin County, Colorado. In the event ofany litigation concerning a breach of the terms of these Covenants or seeking their enforcement, the prevailing party shall be awarded its reasonable attorney fees and costs. 3. Agricultural Property Tax Classification - Uses. The primary purpose of ownership and use of all property in the Collins Subdivision is for residential purposes. All improvements and uses of lands within the Collins Subdivision are associated with residential use of the property. Any activities occurring on the property, or uses of the property which would cause the properties to be classified as agricultural land pursuant to Title 39, Colorado Revised Statutes, are prohibited. IN WITNESS WHEREOF, Declarant, as the owner in fee of all ofthe lands subdivided and described on the Plat has executed this instrument this 2 I day of 2005. UM H ,ic , „, >l 1 i�llll I�I�I I�I�I� 111�I 1NI11 �{I I�II��1 Itl �II�I ��I� III 03 ©09 2005 11 :44 SILVIA DAVIS PITKIN COUNTY CO R 45.00 D 0.00 STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this o3/.� day of , 2005 by James H. Collins. WITNESS my hand and seal. My commission expires: :9.3-07 R. Gqp g �p T A 9 OAF �- ,(Jz- GL.L.thl p o Public �C F C UFO N:NCOLLINS�subdivWecs -f{ I - 14- 05).wpd 0 0 0 SllilllIIOIIIIIIIIIIIIIIII 131,00 03/09/2005 0®11:431 RIVER RIDGE IN WOODY CREEK SUBDiVISION/PUD THIS AGREEMENT, made and entered into thiseday of c)"m 2001, by and between JAMES H. COELINS (hereinafter referred to as "Owner ") and THE BOARD OF COUNTY COMMISSIONERS of the County of Piddn, Colorado, as the governing body of Pitkin County, Colorado (hereafter referred to as "County "). WITNESSETH WHEREAS, Owner has submitted to the County for approval, execution and recording a final plat of RIVER RIDGE IN WOODY CREEK SUBDIVISION/PUD (hereinafter "Subdivision "), which plat has been filed for record in the rest property records of Piddn County, Colorado, on the $k day of O c A c.�N , 2005 in Plat Book nZ at Pagcs 2,a (hereinafter referred to as "Plat "). The Subdivision consists of three lots, to wit: Lot I, Lot 2 and Lot 3 (the "Lots "); and WHEREAS, the County has fully considered the Plat and is willing to grant approval of and execute the same upon Owner's agreement to the obligations herein, all as required by the Pitkin County Land Use Code; and WHEREAS, the Owner is willing to accept these obligations and to enter into this Agreement with the County to provide for the same; NOW, THEREFORE, in consideration ofthe mutual covenants herein contained, the parties hereto stipulate and agree as follows. I . Water System. The owner of each Lot shall construct its own individual water well, water lines and fire water storage facilities and any hydrant connection thereto necessary to serve its lot. These requirements are not applicable to Lot 3. The construction plans for each water system shall be approvedby the Environmental Health Department priorto commencementofconstruction. 2. Construction of Private Roads. Owner agrees to construct the private driveway identified on the Plat as a "300 Access & Utility Easement," referred to herein as the "Common Driveway" in conformance with Pitkin County Road Standards slid Specifications for a driveway and shall have a minimum of a twenty (20) foot wide graveled surface and a minimum fourteen (14) foot driving width and located in the easements therefore shown on the Plat which meet County Driveway standards. Nothing herein shall prohibit said Common Driveway to have ' 'p seal or better surface at the discretion of Owner or of the owners of Lots. Until such time as a and -seal surface is laid and after the first residence is constructed on Lots 1 or 2, the Co 0 507713 111111111111111111211 37098 11:431 .00 D 0 Driveway shall be treated with a dust controllant. The owners of constructed residences on Lots 1 and 2 shall pay for the cost of the dust suppressant applications. 2.1 in areas outside the constructed driveway and utilities disturbed by construction of the Common Driveway and utilities, topsoil shall be stripped and stockpiled. Areas disturbed by such construction shall have topsoil placed to a depth of six inches and shall be revegetated. All such disturbed areas shall be revegetatedbefote the construction season's winter snows. Until native vegetation is reestablished, riprap aprons shall be created at the outlets of all culverts to avoid localized erosion and to disperse flows. Ditch crossings shall be aulverted or bridged The costs of constructing and graveling the Common Driveway is included on Exhibit A. 3. Electric Service. Owner agrees to install or guarantees installation of electric power lines and transformers to provide electric service to each of Lots 1 and 2. New power lines shall be underground Power lines, transformers and the installation of same shall conform to the requirements and specifications provided Owner by Holy Cross Electric Association. 4. Telephone Service . Owner agrees to install or guarantees installation ofdistribution cable and feeder facilities including pedestals to provide telephone service to Lots 1 and 2. New telephone limes shall be underground Telephone lines, pedestals and the installation of the same shall conform to the requirements and specifications provided Owner by Qwest Communications. If Owner is obligated to bond for telephone service as set forth within the financial assurances provided for in Section 14 and Exhibit A herein such bond obligation shall be deleted if the customer service policy or service contract of Qwest Communications provide for installation of distribution cable and feeder facilities to Lots 1 and 2 at the cost of the telephone company. 5. Gas Service. Owner agrees to install or guarantees installation of natural gas lines to provide such service to Lots 1 and 2. New gas lines shall be underground, except certain gas facilities may be required by Kinder- Morgan Energy Company to be located above ground. Gas lines, meters, valves and pumping facilities and the installation of same shall conform to the requirements and specifications provided Owner by Kinder- Morgan Energy Company. 6. Cable T.V. At the present time there is no cable television service to the Subdivision. At such time as such service becomes available, each Lot owner may extend such service to its Lot along platted utility easements. 7. Fire Protection. A pond located within the Subdivision on Lot 3 will be available to the Fire District through the grant of an easement identified on the Plat Each residence constructed on Lots 1 and 2 shall have interior fire sprinklers, a security system with fire detectors and a 4000 gallon water storage tank. The owners of Lots 1 and 2 shall be responsible for construction of such facilities as a requirement to each of their certificates of occupancy. g. Landscaping. A landscaping plan approved by the HOCC is attached to the Combined Detailed Submission/Final Plat Application for the Subdivision at Figure 2. The estimated costs for such implementation are shown on Exhibit A. The landscaping plan calls for the • • 1 507713 a 2' 431 installation ofone - hundred trees on Lots 1 and 2. Thirty trees shall be installed on Lot 1 and seventy trees shall be installed on Lot 2. The trees required for each lot shall be installed not later than the date of issuance of a certificate of occupancy for each lot respectively. 9. Affordable Housing.Ownerbasacquiredathree(3)bedroomcondominiumasabuy- down unit This unit has been inspected and approved by the Aspen(Pitkm County Housing Authority ( "APCHA") to satisfy the Applicant's affordable obligations. This unit will be deed restricted as a Category Four (4) sale unit The specific terms of the deed restriction is set forth in a separate agreement between Owner and APCHA recorded of even date herewith. 10. Floor Area. Each of Lots 1 and 2 shall be allowed 5,750 square feet of floor area. Additional square footage may be pursued through GMQS competition or the use of transferable development rights ("TDRs") or any other available process under the Pitkin County land Use Code. The total floor area for residences and any barns or agricultural buildings allowed collectively on both Lots I and 2 shalt be limited to 22,500 square feet This floor area shall be allocated between Lots I & 2 either on the Final Plat or at the time of sale of the first of lots I or 2 and memorialized in a recorded document acceptable to the County. In no event shall the floor area contained in a residence on Lot 1 exceed 8,250 square feet nor shall the floor area contained in a residence on Lot 2 exceed 11,250 square feet. Floor area in excess of 8,250 square feet attributable to a residence on Lot 1 or 11,250 square feet attributable to a residence on Lot 2 may be attributed to an agricultural building or bam structure, and maybe constricted on either Lot 1 or Lot 2, provided that total floor area for a residence and a bam or agricultural building on either Lot I or Lot 2 shall not exceed 15,000 square fat. For example, if d.ot 2 built 11,250 square feet of floor area in a residence, it could have up to 3,750 square feet offloor area for a barn or agricultural building. In such case, Lot 1 would have a total of 7,500 square fat of floor area available (11,250 + 3,750 = 15,000 maximum on Lot 2, subtracted from 22,500 square foot maximum for both lots = 7,500 square feet offloor area available for all uses on Lot 1. Lot 3 shall be allowed 5,750 square feet ofgrowth management exemptresidential floor area by right as the fathering parcel. Additional floor area may be pursued through GMQS competition or the use of TDR's or any other available process under the Pitkin County Land Use Code. Additional bam floor area may be allowed pursuant to regulations in effect at the time of building permit for such bans. 11. Planned Unit Development Variations. The Plat identifies lot sizes, lot dimensions and setbacks, which have been determined through the PUD review process under the provisions of the Pitkin County Land Use Code and which may vary from the provisions of the zone district regulations applicable to the Property. In the event of any inconsistency between such zone district regulations and the Plat, the Plat shall be given paramount effect. 12. Nature and Estimated Cost of Improvements. Owner shall be responsible for construction and installation ofall public improvements required hereunder. The nature, extent and estimated cost of such improvements are set forth on the schedule attached hereto as Exhibit A and ,, n 0 0 IIIIII �IIII �flll ��II III 1!! IIIII� I�I IIII� II�� IIII 03/09/2005 11:421 SILVIA DAVIS PITKIN COUNTY CO R 61.00 0 0.00 incorporated herein by this reference. in the event the cost of the contemplated improvements exceeds those estimated on Exhibit A, Owner shall be solely responsible for the higher cost thereof. 13. Construction Schedule. The Subdivision and improvements provided for in this Agreement may be developed and completed in phases provided, however, a building permit for construction of a residential dwelling on a particular Lot in the Subdivision shall not be issued until the construction by Owner or the owner of Lot 1 or Lot 2, as applicable, of its required road access, water, electric and telephone services as described herein have been commenced for such lot and the collateral security ( "Collateral Security ") described in Section 14 below has been approved and accepted by the County Attorney. At the time of submitting the Collateral Security to secure the construction of public improvements, Owner or the owner of Lot 1 or Lot 2, as applicable, shall submit a construction schedule indicating the estimated timing of the completion of said improvements, either for the entire Subdivision or for a portion of the Lots in a phase. 14. Financial Assurances. Owner's performance ofthe obligations described on Exhibit A herein shall be secured by collateral sufficient to make reasonable provision for the completion of said improvements in accordance with the construction schedule and specifications therefor in the form of Collateral Security. The Collateral Security shall be documented in a manner acceptable to the County Attorney. in order to secure Owners performance under this Agreement, Owner hereby restricts those Lots, the costs of the public improvements for which have not been secured as required hereby, against conveyance or transfer and no transfer of said Lots shall be permitted or building permit issued for a residence on any such Lots until such time as the Collateral Security is provided to Pitkin County in a form acceptable to the County Attorney. The County may withhold execution of the Plat until such Collateral Security is provided. The Collateral Security shall be equal in value to the cost ofthe public improvements not yet completed which are necessary to serve said Lot(s) described herein and in conformance with Exhibit A. Upon the acceptance of the Collateral Security by the County Attorney, said Lot(s) may be conveyed and building permit(s) therefore may issue. 14.1 As portions ofthe public improvements are completed, the County shall inspect them; and, on approval and acceptance of such improvements by the County, the County Attorney shall authorize the release of that amount of the security equal to the cost of that portion of the improvements completed provided, however, ten percent ofthe cost ofthe improvements completed shall be retained until all public improvements provided for the applicable phase of the Subdivision are completed and approved by the County. 14.2 Owner shall perform its obligations to construct the public improvements provided for in this Agreement in substantial compliance with the construction schedule. NOwner fails to complete the improvements in accordance therewith, Owner shall be given 90 days' written notice from the Board ofCounty Commissioners in which to complete the improvements. if Owner -4- n' �} J 0 9 IIIIIIIIiIIIINIIIIIIIIIINI IIIII111HIIillllillllllll 5077 3 11 :43, SILVIA DAVIS PITKIN COUNTY CO R 51.00 .90 fails to complete the improvements within the 9o- dayperiod, the Board of County Commissioners, upon 30 days' written notice to Owner, shall havethe unconditional rightto draw upon the Collateral Security, as posted, to pay for improvements to be completed by the County or pay any outstanding bills for any work already completed by any party with the Owner having the right to bond over any outstanding liens on the property. Final payment for any tmprovemcets completed by the County shall be made only after same have been inspected and accepted by the County. Notwithstanding, during the 90-day notice penod set forth above, Ownermay submit an updated construction schedule and Collateral Security to complete any outstanding improvements for review and acceptance in good faith by the County Attorney. Acceptance ofthe updated construction schedule and Collateral Security shall be at the reasonable discretion of the County - 14.3 To the event the Owner defaults hereunder and the County, by withdrawal of lands, performs the obligations ofthe Ownerhereunder, the County, in good faith, shall be obligated to complete the improvements in an economically efficient manner as is practicable, provided, however, if County does not withdraw said funds, nothing herein small be deemed to require the County to perform the obligations of Owner. The County may require a default fee as set forth in Exhibit A to cover the County s administrative cost of completing the improvements in the event the owner defaults hereunder. County shall also have remedies for abreach ofthis Agreement by Owner allowable at equity or at law, including, without limitation, the revocation of permits and approvals which have not vested, provided, however, no such revocation shall occur without the owner or person whose permits or approvals are to be revoked first having been given not less than a thirty (30) day notice and an opportunity for a hearing with the Board of County Commis onus to determine whether or not a breach has occurred and to permit said person to cure the breach within a reasonable time under the circumstances. 15. Bulk Sale. In the event Owner does not develop the Subdivision or market the individual Lots, Owner may sell all the Lots in bulk in the Subdivision to a third party who shall develop the Subdivision, or portionsihereot including the construction ofthe public improvements contemplated hereunder, in accordance with and subject to the provisions of this Agreement. Upon such a bulk sale to a third party, Owner shall be automaticallyreleased of all liability and obligations under the terms of this Agreement and the new owner shall be subject to all the provisions hereof. 16. Execution of Final Plat. Owner's obligations to construct the improvements contemplated hereunder are expressly contingent on the County's approving and executing the Plat and the recordation of the same in the office of the Clerk and Recorder of Pitkin County, Colorado. 17_ Vested Property Rights. The Plat and the Ordinance granting fmal PUD and Subdivision approvals for the Subdivision, including the lots, building envelopes, setbacks and floor area established thereunder and as set forth in this Agreement, constitute a Site Specific Development Plan pursuant to § 24-68 -101, et-seq., C.R-S., and the Subdivision and each of its Lots I&M I II!l111111111111 illll llllli flu 1111111111 IN 1111111 03g/09/2005 0 11:431 0. SILVIA DAVIS PITKIN COUNTY CO R 61.00 Shall be vested against any changes in the Pidda County Land Use Code, Subdivision Regulations, PUD Regulations or Zoning Regulations, as well as the approvals granted by the BOCC for the Subdivision, including, without limitation, the Plat and this Agreement for a period of five years from June 23, 2004, thereby expiring on June 23, 2009. Such vesting shall apply to all the rights and entitlements set forth in this Agreement and the Plat and other agreements and documents executed in connection with Subdivision and consistent with Colorado Statutes. 18. Covenants Running With Land. All covenants, restrictions, conditions and obligations herein contained are covenants running with the land and shall attach and bind and inure to the benefit of the Owner and County, their respective grantees, successors and assigns. 19. Captions. Titles or captions of paragraphs contained in this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit, extend or describe the scope of this Subdivision Improvements Agreement or the intent of any portions hereof. 20. Entire Agreement. This Subdivision Improvements Agreement constitutes the full and complete agreemet of the parties hereto and may not be modified except by a written agreement signed by the parties. 21. Notice. Any notice, communication, request, reply or advice (hereinafter severally and collectively, for convenience, called Notice) in this Agreement provided or permitted to be given, made or accepted by either party to the other party must be in writing and may, unless otherwise in the Agreement expressly provided, be given or be served by depositing the same in the United States mail, postage prepaid and registered or certified and addressed to the party to be notified, with return receipt requested, or by delivering the same to an officer or agent of such party or by postage prepaid telegram, when appropriate, addressed to the party to be notified Notice deposited in the mail in the manner bereinabove described shall be effective from and after the expiration of three days after it is so deposited. Notice given in my other manner shall be effective only if and when received by the party to be notified. For purposes of notice, the addresses of the parties shall, until changed as hereinafter provided, be as follows: PrfKIN COUNTY The Board of County Commissioners c/o Pitkin County Manager Pitkin County Courthouse 506 East Main Street Aspen, Colorado 81611 OWNER JAMES H. COLLINS r 9 0 0 I Mimi 111111111111111111111111111111111111 Page: 7 of 12 03/09/2005 0011:431 P.O. Box 369 Woody Creek, Colorado 81656 However, the parties hereto shall have the right from time to time to change their respective addresses, and each shall have the right to specify as its address any other address within the United States of America by at least five days' written notice to the other party. IN W[ S WH OF, the parties have executed this Subdivision Improvements and pment Agr in p day and year first written above. THE BOARD OF COUNTY COMMISSIONERS OF PITK,�I,,Ng�.C—;OUNTTY, COLORADO By l/� Chairperson 0 A,C -7-21' APPROVED AS TO FORM: By Ceun yf )tt ney -7- E SIIIAI��I IIIIITMl�llllll�f �503/09/2005 2 D e.ee STATE OF Colorado ) ) ss. COUNTY OF Pitkin QQ Subscribed and sworn to before me this day of 2005, I TrI KR�V— g4l &4WA as Chairperson of the Pitkin County Board of I Commissioners. Witness my hand and off My commission expires: STATE OF Colorado ) COUNTY OF Pitkin ) Collins ) ss. Subscribed and sworn to before me thiday of �,1 gsif. 2005, by James H. Witness my hand and official seal. My commission expires: 3 3.0 -:� i Notary Public C, L, J ,. -8- 0 lllill l l illlll 111 llllll 111 lllliii III milli llll 0 507713 11: 43i SILVIA EXHIBIT A TO SUBDIVISION IMPROVEMENTS AGREEMENT Estimates of Costs for Improvements: 1. Landscaping - Trees $4,100.00 Per West Canyon Tree Farm proposal attached at Exhibit A -1 2. Gravel and Grading Driveways $2,675.00 Per estimate attached at Exhibit A -2 Total: $6,775.00 . - -.._.. .'2 is 40 0 9709942639 WESTCANYON 1d17 14 F -Vest Canyon Tree Farm, Inc. 0 PAGE 02 BID No. 03017 -JC t a 1650 Rd 240 Clr_nwond Springs, Co 81601 (970) v84 -2332 fax (9170) 984 2639 eq M� Landscape Proposal via Customer Name Ji Address P C iy +n i'hone d ry r M ` ~® O N O nm86 n N � m LO o" m �9 0 ao Date 9!12/2003 Order No. 03D17dXla Rep BW Sne Woody Creek 611y Deecr 'M Unit Price TOTAL PROPOSAL 03017JC1a disposal osier than our aw L Esditre donna indudeJbseigrodlnp and Y COTTONWOOD TRXXS� .. n regawedjortandscapeinsiafianon. Tr+. exeekjobreadingsnadveragalredfar TREES Bt DELIVERY! l4xdsc btabUot m fie ' 100 e.0' htd1.25" cal, cunt. Narrowleaf Cottonwood !note: above includes trees IL delivery i $41.o0 $4,100.00 i Nola Quota only Insfudes above Items IJfhere are any questions or commmis, pleasafeeifree to call , d • 111 I Quote does not Include twm - Sub7otel Shipping t: Handling,; ' $0.00 Taxes $0, 01 . ;TOTAL' `" $4,100.00 �� Comments: Ssdmare include: oneyar» ranree on tnsrairaftan, 8WMW vaNd ,.,. . jot 6 mon^,% 5X*mera does aor inciade eonarradio»'debristraeh reaseml and � o disposal osier than our aw L Esditre donna indudeJbseigrodlnp and Y providingproperdrabrare Grade Jobe rereived+- meJndr.'Skeaaav .. n regawedjortandscapeinsiafianon. Tr+. exeekjobreadingsnadveragalredfar im l4xdsc btabUot m fie ' L N IJfhere are any questions or commmis, pleasafeeifree to call , 7 Fv+'. IIIIIIIIIIIIIIIIIIII8IIIIIIIIIII�IIIII IIIIIIIIIIII Page: 2005 11 ?4: SILVIP DPVSS PITKIN COUNTY CO R 61.00 D 0.00 Exhibit A -2 to Subdivision Improvements Aereement Estimate of Costs to Grade and Gravel Driveways This estimate has been prepared by James H. Collins, the Owner. Mr. Collins has obtained unit costs from various subcontractors and affirms that the following estimate sets forth amounts which are sufficient to complete the work. Gravel: Length of road areas: 20'x 800'x 4" = 5,280 cu. ft. 196 cu. yds. @ $6.00 /cu.yd. _ $1,175.00 truck time: 15 hours @$60.00/hr. $ 900.00 Grading time: 4 hours @ $150.00/hr. S 600. 0 Total: $2,675.00 • 0 TO BASALT \ C� 'p0 tip` s r ^�1k+\C\ IN RIVER CREEK \ \� TO LENADO 0 k r k VICINITY MAP I" =2000 ft. WOODY CREEK TO ASPEN ,�n',(Nq" 0 0 Old Republic National Title Insurance Company ALTA COMMITMENT Our Order No. Q62002212 Schedule A Cost. Ref.: Properly Address: 201 RIVER RIDGE ROAD WOODY CREEK, CO 81656 1. Effective Date: April 03, 2009 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: "TBD" Commitment Proposed Insured: TBD 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 9. Title to the estate or interest covered herein is at the effective date hereof vested in: JAMES H. COLLINS 5. The Land referred to in this Commitment is described as follows: LOT 3, RIVER RIDGE IN WOODY CREEK ACCORDING TO THE PLAT RECORDED MARCH 9, 2005 IN PLAT BOOK 72 AT PAGE 25 UNDER RECEPTION NO. 507712. COUNTY OF PITKIN, STATE OF COLORADO. J Vii 0 ALTA COMMITMENT Schedule B -1 (Requirements) Our Order No. Q62002212 The following are the requirements to be complied with: Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to -wit: THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. NOTE: ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE BUYERS NAMES ARE ADDED TO THIS COMMITMENT. COVERAGES AND /OR CHARGES REFLECTED HEREIN, IF ANY, ARE SUBJECT TO CHANGE UPON RECEIPT OF THE CONTRACT TO BUY AND SELL REAL ESTATE AND ANY AMENDMENTS THERETO. � n J 0 ALTA COMMITMENT Schedule B -2 (Exceptions) Our Order No. Q62002212 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes and assessments not yet due or payable and special assessments not yet certified to the Treasurer's office. 7. Any unpaid taxes or assessments against said land. 8. Liens for unpaid water and sewer charges, if any. 9. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED JANUARY 08, 1947, IN BOOK 171 AT PAGE 207. 10. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED AUGUST 30, 1920, IN BOOK 55 AT PAGE 244 AND JANUARY 8, 1947 IN BOOK 171 AT PAGE 207. 11. EASEMENTS AND RIGHTS OF WAY AS GRANTED TO ROCKY MOUNTAIN NATURAL GAS COMPANY IN INSTRUMENT RECORDED OCTOBER 19, 1961 IN BOOK 195 AT PAGE 435 12. EASEMENT AND RIGHT OF WAY OF EXISTING DITCHES FOR MAINTENANCE, FOR CARRIAGE OF WATER, RIGHT TO RELOCATE, INSTALL PIPE, AND WELL AGREEMENT AS RESERVED IN DEED RECORDED DECEMBER 20, 1969 IN BOOK 245 AT PAGE 484. 13. EASEMENT AND RIGHT OF WAY FOR MAINTENANCE OF EXISTING DITCHES AS RESERVED IN INSTRUMENT RECORDED JULY 25, 1988 IN BOOK 569 AT PAGE 470 E 0 ALTA COMMITMENT Schedule B -2 (Exceptions) Our Order No. Q62002212 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 14. ANY QUESTION, DISPUTE OR ADVERSE CLAIMS AS TO ANY LOSS OR GAIN OF LAND AS A RESULT OF ANY CHANGE IN THE RIVER BED LOCATION BY NATURAL OR OTHER THAN NATURAL CAUSES, OR ALTERATION THROUGH ANY CAUSE, NATURAL OR UNNATURAL, OF THE CENTER THREAD, BANK, CHANNEL OR FLOW OF WATERS IN THE ROARING FORK RIVER RIVER LYING WITHIN SUBJECT LAND; AND ANY QUESTION AS TO THE LOCATION OF SUCH CENTER THREAD, BED, BANK OR CHANNEL AS A LEGAL DESCRIPTION MONUMENT OR MARKER FOR PURPOSES OF DESCRIBING OR LOCATING SUBJECT LANDS. 15. ANY RIGHTS, INTERESTS, OR EASEMENTS ARISING BY OPERATION OF LAW OR STATUTE IN FAVOR OF THE STATE OF COLORADO, THE UNITED STATES OF AMERICA, OR THE GENERAL PUBLIC, WHICH EXIST, OR ARE CLAIMED TO EXIST IN, OVER, UNDER, AND /OR ACROSS THE WATERS AND PRESENT AND PAST BED AND BANKS OF THE ROARING FORK RIVER. 16. EASEMENTS, RIGHTS OF WAY AND ALL MATTERS SHOWN ON THE LOT LINE ADJUSTMENT RECORDED AUGUST 24, 1999 UNDER RECEPTION NO. 434814. 17. TERMS, CONDITIONS AND PROVISIONS OF DECISION NO. 99 -22 RECORDED JULY 01, 1999 AT RECEPTION NO. 432928. 18. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION 93- 2002APPROVING CONCEPTUAL SUBDIVISION /PUD RECORDED MAY 30, 2002 AT RECEPTION NO. 468087. 19. TERMS, CONDITIONS AND PROVISIONS OF ORDER CONCERNING THE INCLUSION OF LANDS IN THE BASALT WATER CONSERVANCY DISTRICT RECORDED JULY 01, 2003 AT RECEPTION NO. 484876. 20. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION 092 -2004 APPROVING THE RIVER RIDGE IN WOODY CREEK FINAL PLAT RECORDED SEPTEMBER 20, 2004 AT RECEPTION NO. 502098. 21. EASEMENTS, RIGHT OF WAY, AND ALL OTHER MATTERS AS CONTAINED IN THE RIVER RIDGE IN WOOD CREEK PLAT RECORDED MARCH 9, 2005 IN PLAT BOOK 72 AT PAGE 25 UNDER RECEPTION NO. 507712. 22. TERMS, CONDITIONS AND PROVISIONS OF RIVER RIDGE IN WOODY CREEK SUBDIVISION /PUD IMPROVEMENTS, DEVELOPMENT AND VESTED PROPERTY RIGHTS "1 d'i 0 ALTA COMMITMENT Schedule B -2 0 (Exceptions) Our Order No. Q62002212 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: AGREEMENT RECORDED MARCH 09, 2005 AT RECEPTION NO. 507713. 23. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN UNLESS AND ONLY TO THE EXTENT THAT SAID COVENANT (A) IS EXEMPT UNDER CHAPTER 42, SECTION 3607 OF THE UNITED STATES CODE OR (B) RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS, AS CONTAINED IN INSTRUMENT RECORDED MARCH 09, 2005, UNDER RECEPTION NO. 507714. 24. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT CONCERNING DEVELOPMENT RESTRICTIONS AND CONSENT TO RELOCATE DITCH RECORDED MARCH 09, 2005 AT RECEPTION NO. 507715. 25. EASEMENTS AND RIGHTS OF WAY FOR THE UN- INTERUPTED FLOW OF THE WALTHEN DITCH. 26. TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM OF WATER ALLOTMENT CONTRACT RECORDED MAY 11, 2005 AT RECEPTION NO. 511866. 27. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT RECORDED SEPTEMBER 18, 2006 AT RECEPTION NO. 528722. 28. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION# 003 -2007 RECORDED MARCH 06, 2007 AT RECEPTION NO. 535138. 29. DEED OF TRUST DATED OCTOBER 26, 2005, FROM JAMES H. COLLINS TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF WASHINGTON MUTUAL BANK, FA TO SECURE THE SUM OF $680,000.00 RECORDED OCTOBER 31, 2005, UNDER RECEPTION NO. 516850. E 0 LAND TITLE GUARANTEE COMPANY and LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION DISCLOSURE STATEMENTS Note: Pursuant to CRS 10 -11 -122, notice is hereby given that: A) The subject real property may be located in a special taxing district. B) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County Treasurer's authorized agent. C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30 -10 -406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 3 -5 -1, Paragraph C of Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed ". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B) No labor or materials have been furnished by mechanics or material -men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C) The Company must receive an appropriate affidavit indemnifying the Company against un -filed mechanic's and material -men's liens. D) The Company must receive payment of the appropriate premium. E) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10 -11 -123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. Fom DISCLOSURE 09/01/02 o ,. ( � 6 v v 0 0 • JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION, LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company and Meridian Land Title, LLC, as agents for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of oar business. We maintain and regularly review internal and external safeguards against unauthorized access to non - public personal information ( "Personal Information'). In the course of our business, we may collect Personal Information about you from: * applications or other forms we receive from you, including communications sent through TMX, our web -based transaction management system; your transactions with, or from the services being performed by, us, our affiliates, or others; * a consumer reporting agency, if such information is provided to us in connection with your transaction; and * the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates and non - affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: * We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. * We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. * Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. We regularly access security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Form PPJV.POL.ORT Commitment to Insure ALTA Commitment -1970 Rev. • 1. The term "mortgage ", when used herein, shall include dead of trust, must deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse noun or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability fa any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure of the proposed Insured to sac disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect lien, encumbrance, adverse claim or other mattes, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall rat relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the farm of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in goad faith (a) to comply with the requirements hereof or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the Exclusions from Coverage of the farm of policy or policies committed, for in favor of the proposed Insured which are hereby incorporated by reference and made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the toe to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based an and are subject to the provisions of this Commitment. STANDARD EXCEPTIONS In addition to the matters contained in the Crabbers and Stipulations and Exclusions from Coverage above referred to, this Commitment is also subject to the following; 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which am not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter finished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public reruns 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. IN WITNESS WHEREOF, Old Republic National Title Insurance Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A, to he valid when countersigned by a validating officer or other authorized signatory. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Stock Company ti- rirLF ' N n 400 Second Avenue South * Minneapolis, Minnesota 55401 : o * i lJ✓ ��o- -- "'LLLCCC * n: (612) 371 -1111 m . A prized Signultum i.#o;: CC.ORT .,,070. xeda; OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, herein called the Company, for a valuable consideration, hereby commits to issue its policy a policies of title insurance, as identified in Schedule A. in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate w interest covered hereby in the land y * 7� described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedule A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the indentity of the proposed Insured and the amount of the poficy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of due insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue, whichever first accents, provided that the failure to issue such policy or policies is not the fault of the Company. CONDITIONS AND STIPULATIONS 1. The term "mortgage ", when used herein, shall include dead of trust, must deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse noun or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability fa any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure of the proposed Insured to sac disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect lien, encumbrance, adverse claim or other mattes, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall rat relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the farm of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in goad faith (a) to comply with the requirements hereof or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the Exclusions from Coverage of the farm of policy or policies committed, for in favor of the proposed Insured which are hereby incorporated by reference and made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the toe to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based an and are subject to the provisions of this Commitment. STANDARD EXCEPTIONS In addition to the matters contained in the Crabbers and Stipulations and Exclusions from Coverage above referred to, this Commitment is also subject to the following; 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which am not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter finished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public reruns 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. IN WITNESS WHEREOF, Old Republic National Title Insurance Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A, to he valid when countersigned by a validating officer or other authorized signatory. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Stock Company ti- rirLF ' N n 400 Second Avenue South * Minneapolis, Minnesota 55401 : o * i lJ✓ ��o- -- "'LLLCCC * n: (612) 371 -1111 m . A prized Signultum i.#o;: CC.ORT .,,070. xeda; 0 0 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter "COUNTY ") and :24"Y'ces (hereinafter "APPLICANT ") AGREE AS FOLLOWS: 1. APPI„JCANT has submitted to COUNTY an application for lz �ie� <<c try C2,wz - .a�� (hereinafter, the "PROJECT "). 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 008 -2008 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 cost of development review in the COUNTY. Fees have been set to be 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 the size, nature or scope of the proposed PROJECT, 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 agree 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. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission and /or Board of County Commissioners to enable the Planning Commission and /or Board of County Commissioners to make legally required findings for project approval, unless current billings are paid in full prior to decision. fl ✓s (jidFez /,", r'IEKFa! �3>Si 6. Therefore, APPLICANT agrees that in consider ion of the COUNTY'S waiver of its right to collect full fees prior to a determination of application complete ess, APPLICANT shall pay a base fee in the amount of $ /z which is based on Y hours of staff time, and if actual time spent by staff to process the application exceeds the average number of hours by more than 20 %, then the COUNTY will bill the APPLICANT quarterly for the additional time spent. Such perio c pents shall be made within 30 days of the billing date. APPLICANT further agrees that failure to y si�cp accrued costs shall be grounds for suspension of processing. I y% PITKIN COUNTY BY Cindy Houben Community Development Director Print Name /an/d Title (if applicable) Date: `7 -3 -0 Mailing Address: �0O /fey 379 11,)60101 C2A� Go P S L PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 S. Galena Street Aspen, Colorado 81611 PHONE# (970) 920- 5526/FAX# (970) 920 -5439 May 1, 2009 Herbert Klein 201 North Mill Street, Suite #203 Aspen, CO 81611 hsklein @rofnet Re: Collins Extension of Vested Rights (PID #2643 - 093 -02 -003; CASE# P036 -09) Dear Mr. Klein: 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. We have scheduled this application for review by the Board of County Commissioners on Wednesday, June 10, 2009, at a meeting to begin at 12:00 P.M. in the Plaza One Meeting Room at 530 East Main St., Aspen. Should this date be inconvenient for you, please contact me within 3 working days of the date of this letter. After that the agenda date will be considered final and changes to the schedule or tabling of the application will only be allowed for unavoidable technical problems. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to the application is available at the Community Development Department. If you have 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 Phone (970) 920 -5526 FAX (970) 920 -5439 MEMORANDUM TO: Woody Creek Caucus FROM: Mike Kraemer, Community Development Department RE: Collins Extension of Vested Rights (CASE P036 -09; PID 2643 - 093 -02 -003) DATE: May 1, 2009 Attached for your review are materials for an application submitted by James H. Collins. The Board of County Commissioners will review the application on Wednesday, June 10, 2009. Please return your comments to me by Friday, May 29, 2009. PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM. ON OCTOBER 1ST, 2009 PITKIN COUNTY INTENDS TO GO PAPERLESS WITH ALL FUTURE LAND USE REFERRALS. WE WILL BE SENDING OUT LETTERS TO OBTAIN UP TO DATE CONTACT INFORMATION. PLEASE CHECK OUT THE LINK BELOW FOR THIS LAND USE CASE REFERRAL. http:// www. asi)enpitkin .com /pdfs /depts /7/PO36 09 aon.ndf If you require a paper copy of this application contact Bonnie Waechtler at bonnie.waechterAco.pitkin.co.us or 920 -5109. Thank you. Woody Creek Caucus District Planning Commission P. O. Box 297 Woody Creek, Colorado 81656 May 07, 2009 Pitkin County Community Development Department 130 S. Galena Street Aspen, Colo. 81611 Attn: Lance Clarke Re: Collins Extension of Vested Rights The Woody Creek Caucus District Planning Commission has discussed the subject application and we support the extension of vested rights. We feel that the five year extension, as was granted in the original application, is appropriate. For The Woody Creek Caucus D' ' t Planning Corr - ssion z Janet K. Schoeberlein [Of I -- -- T'd S6ZL- aa6 -OL6 uiaTuagaoyo6 •N Bauer e62=60 60 TT PITKIN C*NTY COMMUNITY DEVEL(VIENT Permit Receipt RECEIPT NUMBER 00027584 Name: James H Collins Date:4/24/2009 Project Address: 201 RIVER RIDGE RD Type: Permit Number 0036.2009. PLAN 0036.2009.PLAN 0036.2009. PLAN Fee Description PP- Flat Fee PP- Clerk Fee PP- Clerk Tech Fee Amount 998.00 375.00 25.00 Total: 1,398.06 a + FOUND #5 REBAR AND 4, PROPrISED LANDSCAPE ENVELOPF, ALU, CAP LS# 15710 AGRICULTURAI PRESERVATION AREA 1PV PROPOSED VATION AREA 'V- PRUPLISED BUIL.DING ENVELOPE 30 ol + '000K ,Y 0 6 cc, /N D FOUND #5 REBAIR AND ALU. CAP LS# 15710 tip, a N (�PR(:IPIOsE 110to 7) P3 V C11 �11 V R REA AGRICULDRAL. P EKRVATION A inote 4) X'S ... ... 4q + 'N' __ + FOUND #�5,RE13A AND yrC # 918. NON DEVELOPMENT''A-REA I65'0V42*W `7 .5.594, AC. ±'(note K7 -Z EASONAL POND FOUND #5 FRCBAR AND (note 5) N, YPc LS# 9018 LOT 3 TO RECORD CORNETT M850 AC. i ZI to, SCHOEBERLEIN '08 220 0 SQFT.± FOUND �5 REBAR AND MN ��j 4)1 rTj Y�C L.S# 9164 fT EXISTING f D rl- vr RIVEWAY/ R PQ_ I N34029'3 7OW 1\ >/ SCHLUMBERGIER 30,0' � FOUND #5 RE HAR AND 60,E5 la 00' YPC WITNESS COR� 4�5 o * iv R 6F�' RIVER FOUND #15 RE YPC 4 9 4 112. 82.' �O, �CEN 1 F R AND TO BASALT ST SURVEYOR'S CERTIFICATE N R VICINITY MAP ?=2000 f t. Tsai LDI (+14 NG ENVELOPE 14 Aft) RIVER RIDGE N WOODY CREEK N62051'00' 135,26' TO I ENADO DE GOLYER TRUST N35610'00'W 68,36' TO ASPEN WOODY CRE-EK [, STEVEN A. YELTON, REGISTERED LAND SURVEYOR, DO I iEREBY CERTIFY THA`F I HAVE PREPARED IHIS PLAT` OF CONCERILIAL SITE PLAN FOR LOT 3 "RIVER RIDGE IN WOODY CREEK". FHATTHE LOCATION OF IFIE OUTSIDE BOUNDARY, ROADS AND OTHER FEATURES ARE ACCURAWLY AND CORRECTLY SHOWN HEREON. THAT THE SAME ARE BASED ON FIELD SURVEYS AND THAT "I PLA-1 TED SI I F, CONFORMS FO TITOSE S I AKED ON I HE GROUND, IN WIT NESS THEREOF, I I 1AVE' wr MAY HAND AND SEAL H-IIS__._.. DAY OF-,.., --- ---- --- ,..200 STEVEN A. YELION PI.S# 33645 N28012'M 85,41' "INLISS CORNER C.R.W. N n 50 100 Q POO 1." 100' Notes I. BASIS OF BEARING: A BEARING OF N53115 '21."W BETWEEN A FOUND ALU, CAP LS# 15710 AT'rHE NORTHERLY PROPERTY CORNER AND A FOUND ALU. CAP L/4 CORNER SECTION 8/9 TOWNSHIP 9 SOUTH, RANGE 85 WEST AND SHOWN HEREON. 2. 35.0' R,O,W, FOR GAS LINE EASEMENT AS MARKED BY U ILDY SIGNS, EASEMENT' AND RIGHT OF WAY TO LAY, MAINTAIN OPERATE, REPAIR, ALTER, INSPECT, PROTECT-, REMOVE AND REPLACE GAS DISTRIBUTION AND RELATED FACILITIES AS S"J"A'I ED IN BOOK 195 AT PAGE 435. 3. EASEMENT AND RIGHT OF WAY FOR MAINTENANCE OF EXISTING DITCHES IN BOOK 569 AT PAGE 470. ,L LIMITATIONS ON DEVELOPMENT WITHIN THE AREAS IDENrUFIED AS "NON DEVEI OFPMEENT AREA" OR "RIPARIAN PROTECTION ZONE" AND AREAS WITHIN THE"'AGRICULTURAL PRESP,,RVATIQN,,ARCAS".,4ARr, SET FORTH IN PROTECTIVE COVENANTS RECORDED JNf itcIMPILiOn No. 5077,14f OF THE PI'S KtN COUNTY Rtcmr)c; AND USE OF SAID AREAS SHALL HE GOVERNED By'rHE PROVISIONS 11"IER1,!0F. 5, AN EASEMFN FIS HEREBY BE. GRANTED TO THE ASPEN FIRE PROTECT ON DISTRICT' FOR ACCESS TO USE THE SEASONAL POND ON LO"F3 FOR DRAFTING WATER FOR EIRE PROTECTION IN THE WOODY CREEK AREA ALONG AN EXISTING PKIWIWAY ALIGNMENT RUNNING ALONG THE EASrERLY SIDE OPAOT 3 WH'ERI,�, ITIN11R4,3ECTS WITH THE COUNTY ROAD AND THEN SOUTH WESTERLYTOTHr, LOCATION OF"Ato SEASONAL POND AS SHOWN HEREON. E. OLD ACCESS EASEMENT IN BOOK 245 AT PAGE; 484 VACATED AND NEW ACCESS EASFMEN'r GRANTED ON COI LINS/PFARL LOT LINE ADJUSTMENT IN BOOK .51. ATPA(3f; 5. 7, LOCATIONS ARE PROPOSED ONLY. FINAL SIZE AND PLACE�,MENT MAY VARY. 8. APPARENT EASEMENT FOR EXISTING OVERHEAT) POWER LINES, 9. UNLESS OTHERWISE SPECIFIED, ALI. UTILITY EASEMENTS, AS WC5LL.. AS ALL PUBLIC AND PRIVATE RIGHT'S OF WAY ARE DEDICNITI)TO THE PERPETUAL wst,4, ot,, ALL writ-11Y COMPANIES FOR THE PURPOSE OF INSTALLING, CONSTRUCTING,, klif!LACING, REPAIRING AND MAINTAINING UNDER(3ROUND UTILITIE'S AND 04AINA(3E rACILDIES WHICT I SERVE THE PROPERTY SHOWN HEREON, INCLUDING BUT NOT` LIMITC0 TO WATER, ELECTRIC, GAS, TELEPHONE AND TELEVISION LINES, TOqrT.Ht-,,m, wfnvr^ : RIGHT OF INGRESS AND EGRESS FOR SUCH INSTALLATION, CONSTRUCTION, r REPLACEMENT, REPAIR AND MAINTENANCE AS WELL AS IFH E RIGHT ID TRIM INTERFERING TREES AND BRUSH, IN NO EVENT SHALL. TFE'PUTTLTIN COMPANIES EXERCISE THE RIGHTS HEREIN GRANT ED AS SO -TO INTERFFRr WITH iHI. LJSE OF rl"IE RIGHT OF WAY FOR ROADWAY PURPOSES EXCEPT -FO THE L`XfFN1`REA$ONA8lY NECESSARY TO ENJOY THE GRANT HEREBY MADE. LEGAL DESCRIPTION LOT 3, C RIVER RIDGE IN WOODY REEk AC CORDING TO THE PL,A_J THEREOF FILED IN TI IF RECORDS 6r-tHE OF 114F CLE.RK ANP, RECORDER OF PITKIN COUNTY AT T 13 oqk 72, Page 25, COUNTY OF PITKIN, SIATE OF COLORADO. Legend 1.11 INDICATES SET MONUMENT #5 REBAR AND ALU. CAP L.S#33645, 00 IIDICATES FOUND MONUMENT AS DESCRIBED. HIRED GUN SURVEYING LTD. P.O BOX 9 SNOWMAS$, CO. 81654 POWER POLE FENCLE I INC, (D 1'ELEJ1HONE RISER D< FLECTRIC METER DKFE.' SURVEYE1):02/03 DAI'L-',� RAf,"1!0E3.02/12/03 WELL OVERHEAD UTIL.I"rY LINE REVIS14147; 03/05/03 ----- - REVT%0� 7/04 NOTICE:: According to Colorado law you must cornmence any legal action based upon CLIENT: JAMES COLLINS any defect in this survey within three years after you first discover such defect. DRAWN,ft'T,Y, In no event may any action based upon any defect in this survey be cornmenced more than ter) years from the date of the certification shown hereon. DAT&FILE, NAME: 0301.1.07 mA,, FOUND 3 1/4" ALI). GAP RIVER WOODS SUODWSION _A\ I w1l -1c OK_W�, PG. I Y4 COR, SEC. 8/9 r9s, it.s,,5w 'I P 9 S 0 U T,, H S' CTION'8*99, TO R 'RANG"R, 85 Wit T OF THE OTH, P"M'm �1: k\ 6 �2 17, CUUNTY OF PITKIN, S",rArr OF COLORADO, 47 ;"Y tIkI PITKIN COUNTY A t�x,)"vl" -A p r 119�96), '50A), x. A 3 995 M", J "�4&s 174,022.2 S0YT,,4,, IAO ......... . . ..... ...... NOV$ 05 Rt�:w AND 30,0' ACCESS UT101Y EASEWNT 4�0. CAP L.5,# 15710 a 1, 1 ()1 3 IS FAJILERING PARCK, TO Lal"S 1 2. N Ul"WORN, A FQVK,,) tft L$ 0� 2, AQ). CA 4 P aR 1 10 �R I �AR J/ WWR ISO 1�0 AT THE K_OKFh+flREY 4RO _,0 0 tAKAK ff,)ALI,�C A - _�a V XNE f�) ELLIN 5T AND % HEIR N sm*� Pxscko~ HUNTER V, ..... . SKTION 8/9'TOWNSHf1t) 9 %QUfK A 0, WILS, 6P �,N )NONIAk VlArA�R[) AK�Afb P0051' RIA"Y MJGA 1-FAFFEC-1- ....... FUR Q*A$ ILI,, EN FOUND #5 RCOAR ANO 3. 1� J�r AS AU), CAP IS# 15710 . M4RKAP, UY LITUM SIGNS EASVVK�Tfr AND fp4AK0,V RI(KrOf WAYI!�O 1,AY, 14 J,N ()VVAA'fE,, ROPATA, AETER, J,�N%f AKDI�EFE, LISE`� AND OCCUPANCY -Ct, PA fft FIRMOVE AbFDLWIPLAC�',�GAS C461WRL)TION, AND RELKPCID, f It, AS Sn JlA IN IA�l' 2 BOOK 015 AT RAI 10,421 AC.± 4� rA%t&MENJ ANf ) RIX.11*14 L OF WAY FOR KAINI ElWA'ftQkE OF LQXvtSI,"f (,j "(41' PAIGE N "IlkiS IN K 'JAP4 coulks ow 453,938.76 S�wr AGRICULTURAl . PREWRVATION AREA 5�9 KY 470, N4, 4,3,7# N 11 001 "ON OF' flit AFWA 4 51 lAffrTAIJONS WIRL.OPMENT W3 THIN AS kPON11FIED AS U ell, 600404000*99S ^PPOOVA4, ANID 00PICATION I <V�, .rl ' � 01 ARfA" 0, R "AtPA'i'RIAN, PAQW51,11011 ZONVII A NO, Aatlh PK M R Ot ( , , I k R I'LITS, KAT OF '�RIVVA, lib IN WQOI`)Y CKJ,,�EK" HA$," UEN , V WIWIE A D APPROVEL) fl Yf T-HE K_ FSORVA110N AREA, ki I"a"PROTru Mme 'OVF ", 0 1 RE C 5,NANTS RECOR I* ROOK, ATPAW f 1`14 TV VOW N, 4, ROOK p, N COMFY FACLAI DAY0FjvR,,4 Of T to"Or t0m 200,�/,jl X, OF SA 10 AREAS Sliktl Of' GOVER14fD OYT,1,619 04OVI, 41 fly; I, PIK, pill AND USE I AL Of 11018 f M, AND CO ).VVIONS OF RESOLUTIONVO. APPOOV "N'rING a H '004, G U,11,011 NO-JIX,2 A$ + At 1, 1, 1� , 1 3010 -.1 awmw -TO �y 31! OTCATION OF R��ADS N 6. AN EASEMENI 16 FIERROY RV, GRAWFEL)170 THIE AWN FlURROFfiCTION Fj5lToLA'T UlK)ECT'TO'TF0 FOR ACCESS TOL USETELF, SEAKYNAl. POND ON LOlr I 00,W0, 'A kAPTIN0 WX X,0, MR 11 150 Wo a00 PJI IN ,YC ',,A AtOW AN� 0 STINQ DPj -11 ROADS: N, LA ab KOZ �ya SLIC ONI-Y N44*4i FIRE �C'FION THE WOOD R15EX ALM 41 LO DOES NOT I-NkENDTO MIJANCE WI III �IJIUN 14 1' RV Y'AL.Ot it", 6 kY SIT",, O,,F ALJiQNI4EN , KNINO KVII iR 1. _77 1,00 WITH THE COUNITY ROAD AND TRON S0UTK,WV-S TOTHt tpOC Of 'SAID %EA$ONAl_ PONE) AS SHOWN Keftft Y. OLD ACCESS t,"ASENOWr IN BOOK 2*5 AT R&Qt', 4,84VACKFEP AND NJU`LW ACX�'R%$' "'ol w EASEMENT ORANIM "OLLINS/RVARl- A' Wit, 5,, 011 ON C T 44 N5104TO �:-1 'L IN WK 51 PA R FOUND #5 RERAR AND ts, LOCA"HOUS ARE PROPOSED ONLY, FINAI� WX AND PlAfl,,BMb,4JiF MAY VARY, # r TOUND #5 REBAR AND ffft VERKEAX) 10,07Wfllk L305, 'AMP ow"00"I'llp AJU� CAP LS# 15710 WIGH AS OVRRFJANG$,0FCKS, AND OTHER RRpqFQFlQN5,, 5FLAU, U), ALL DIENKOPMENT, POUND #5 IRE.IJAR AND L4. CQLlJNSAND WASILIN TON MUIVAL, BEIN01''IFLk, YPC WITNE$S COR. PAll S, KNOW OY AU PDRSO%S'0'Y'rEiFsV SOLf OWNER$ IN FEU 4"ot , I ,, *4 Olz CrjRj,'AjN LANOSS IN PITKIN CO(Ipfry, COLORADO, DESCRIBED AS FOLtOWS: 154�04' TO UNTER OF RIVER N,40'1'f,�,f4t�ROACti$,MNDTHt�6,S�,,tASL�T,�iko imo`i 4 1�40w, 4010N 9 All. IN TOWNSHIP 9 SOU114, RANGE T 1!. UNLESS UU7 V 44 At of: S I , , AEl_ 1) , VY ',A , -1, A VRAc,�r OT, tAman KTWIXf$�'I) IN LOTI_ 10 OF SECT90N 8 AND IN L'Ors 1.3 AND 14 - AGRIWI TURAL PRLSERVATION AR"CIA -RIVATERIGIM Of' WAY A-14 U%M� k E R FSS, MORE FULLY DPSCRTW IN FIIE LEGAL. P *144 2jji.266 ACRES MOR, 0 COMIPANTU FOR Tfif', 22 45C Wt 5) or Ot, Trio, le t ACISO S-W OF I, HAS BY THESE Rf,`,SfNl'S LAID OUT PtATTED AND a REPAIRING AND A �,I'A $0600Y,1000) 1W SAME M1040"VIS AUO StOCKS, AS SHOWN ON niis PLAT UNDER -L�E NAME AND $T`YU,-' Of "RIVER RIDGE IN 4, 00 M KZIJ��,vfjq$ WO, cktar AOV��40 tay Ok-OCATE TOTHE OWNFA, RS Of LOT" I SHOWN I� 11 . fI rDf-, :icol ACCRS1,! AND U7111"LY WHICH SVl,,RVF THE I'm NCE AND 'QF TMNORM AN00 "$P "K (pioy 00,43-fik 6 'A I wiwN AM000, INGRESS AND EGRES.. THE INSTALLATION, MAWTEWA WATER, FEAXICTRIC, G�AS, w IT i, -A,,,,i H-w A M 111490f,"KA, RKPLACIRM*NT, REPATRKA, J( 9 VXUI�4AWT, FN'FFREST�S AN fASEMUSNf FOP ACX. -.51i fF Mr' '0 WALVI,WN D"R JI, 11'.1rM fgp z '-wl iu�m, q ff�'.TL ON 'J�)E 0 ;pfpq � -uiPUiiiNJ Hiim t FulKC'*FR0*s AX'6, VON, -IN, N, 400 Wit IFNA", "Y f Tr E N*NCf�, A"Op R�F�ip&fk ar'llif DX1101, L.YANG FIF11 -N E'N r , 4RA cw(0"k, vaR f4f, 6,Xk�ACV$VFl4E 14�iiFVFS i 0, 001 k HAV WOW !ffIfi OWNP ars 1,2, PEARL OWW "''I"POU Rki AND 3, JIXJ F LHERIXifff TO UN&A'F RA A-Y RIGHTOF" WAY FOR ft, Wif I VA � A 0A pj;,4crFvE tars ANO RE t)EDICAJ E A $1+41,1-AR WOO" AU�,Ok A NECESSARYTO FgNmFNrl a E FUL I HE 01; T-HE FASEMENTAKE OR ly'A"T" vcEFVfs UPON ANY RW)CATION OFrHF DITCH)"Iso TRATTREE'ASEMENT SHAIJ- BURDLN ON Y WITH TERM OF THE� ECORDS OF: PETKIN COUNTY, I A4 -,RPtffLJAl.. NON `XCLIJ -F �Wf EA504ENT FOR UKE', Im5f All ATION, 2, A,,PC _11.11JES, LY G ALQN(:,3 flifi'SOVITl BOUNDARY Of LOT 1, LROAL 014150UPT-1110% POIX$ AND FAC F bur 1441, EA$,, i FOR Wr 2." EOT ANY DAMAGETO THt'SURFACE Of IN EX "'ISINC R10fill; UNDE'R 414,151 EASL EXPEITTIOUS MANNER A R ND R WORE ATRACT OF' I.ANT) S F SK ION a NQ U) ,, 11147,F IN WY Jx 0 " 'ONABEY PO'SS4lBL.fW Iva to � , - , ' J" la A to NO' REAS 1. 3 AND 14 Of SECTU q#9 S_ ,04'% AEL tN't-J�Wt"ppt rf, Rfif Go t� "I_ , olf "i I N LAAR ANI), '00 WS"T OF THE 4 PjT-X-,fNcm,' ry 84 SIXTI P t INECUT 1) ��eee � 11 �� ,"I'll, � Q01.0RA00, BRING Maw fuuy- f DAY (01 M N(,,)N DEVELOPMENT AREA 5.594 AC.i - RINUTINNINCI AT A POTKF WHENUTHE El;A$JTQ RU )RNER F V42*W It'JAU,", U (got 1) SAW StkCT,,K)fl 9 BEAR'S N-5000,1!21"Wl 4115,10 s, OWNEIR 1, -N( "THeNCE 54,6143t(LOolk 'Vr; /�WASI I J 5T )N M EASONAL fv FOUND # REILAR AND ffltwa s4so�,)v;tsgg,, oo.a..se F,,KPlr P�0. 0OX 3:139 MILWAUKEE, W$, 53204ss, ��i YLtC L.,%# 9,018 THENCE $49oS0100"ll, 0,94,84 RVIT, T! OF CKAX)RAF)Q om I Ep'n LOT3 TO RECORD CORNER FLIENCr. $43"57"0, 1,051.60 f 7 THENC* K "N,90 I?' I A 00 $6.41 FRIF! I c "'UNITY OF P'll"JUN 9 X850 AC.I. I'litFICE Nr,�rprIOU!"W, _'J' WT; o 4\; ...... 6 FIE 61,62054,11WW, 13,15,26, 15,96t , E 0 pot '3 OF` "K , -N Q08 226,0 SQFLk Of 4 Agy, BY FT,,FF F()RGKjQ1,N(r5 -W, ,R 1, ',AT W BEFORE 20o 'FIN115 T N-915140"00"W 16315-WEII', K"FI, Mf.Er HIS DA d�l NQ,'., Z/ 'WNCKN 12,100,11W -1215 9'8'pftn,� v TREN �k _$3,02$ W, ftm FEE T W NEL;$ MY HAW) ANU) Of FIC3AL. SEAI FOUNDYft, R,,NAfR AND fHfX0Fl,'N$4',0.' �31" I, IF � I, V, RVISI: __� �`� ! " TH900 NOP013711, 4115,31 MI, 0 *o;_01'', -,- & &W Tt MY )MMISK VAY/FIRE i THENCE $712A00`154"'W, M,1515,Nkr; ORFA, to.. PRO rHONCE N47,954`40,,W, 410" Is Fial", fA9EMKNT(nQ 0 0) N34639'37'W __ NA� Ti T' �N C AF 't)U "NJ 'F'F� t*24 PUM-) FXISTIN "PHONCE N44`14)`0'0"W, I,4,44z+V.%','V; 1-Fil DA SCHLUVOCROER rlQLLfi(j�OiFN0 OWNEWS Clsk-l"If IC'Alt W ED6 �",D BEFORE ME 200 to X N A$ AAWI THEW 45004'37"W, WASHIN01ON MUIIJAL.' (tftle) I "I'LlfiNCE, N3AoIgWI9"W, F Ui ., ma 1141INCE 41 t 7"W, AUI,41, it' FOUNI) #5 RERA�� A WFI,14, _,NE QFFlfJAj,5tAt ...... ypc WITNESS CoR. , D , , f,'.5$ MY HAND T40"CE 6:72 I'l mr,,A" FER OF RIVER A kl� RERAR AND mi'I'm I � MY c TON 112,82' It\ C P� M, N '10 RASAIJ Yf2c LV 9104 'THENCE N9110ROW00"IE, 53,2,4, ET'TO'T?HtPQlN',T' a Ft OF SEXamAll"10(�j, ry, W 7 Wkil-kky BLX4*0*04 QU ckaffic mo 'FHkS,RJ.AIT"0F "IUVER RIVOW'I'M WV)Of)Y CRERX" k ACCEVVED FOR HUNG IN 1711E Ofo�,J(T: ()f� FTLL'. CIARUKANE) ROCORMER F'0, TUN couNrY, C% of �m A As RKE3, IJON NO. 114 PLAT f ___'ZAm_ � s__7 _00AD),71,05--, 1- 14 "'� l0cw ON '71 iz� ""t domw*c_ Lqp%A,k,) 5 7712" dwk A*b *10N pafp� I of I 8U*V,,4y0P.k9, Mt VIA DWS PITKIN COUNTY 00 R11�00 00.00 1, STEVEN A, YFl:TCYN, Rf�,Q)� RUA) LAND SURVIEYORt DO HERE`KY 0,901IFY IHATI HOE PREPARED rl� JON OF DE ilf,lill; rl,'LAT Of `R";RFpGjE! IN, WO(W CRE g, IIIE our,� FATTUE hIOCAl I I I Q 9O0,*MRV�,ROAl)5 AND 0"4m WAVAES AREACCURATELY, AND CORIFEcrLySfJOW li me, �o � ZAAt",� 0, ARROASED ON KELL) SURVEYS AND'I'l-LAT 114EPI.Ar-ru) sym coNf M, THOSE' �,4;iiv Dist TIME,, I) st), IN WITTWE S _FI4JElIRfi(,)f, ITINVVE IREJ MAY HAND AND SEAl_ Irlis LmY OF 2 , 6415 ,V, STUNUIEN X 3,3,,6445, woo*""" VICINITY MAI' V-41000 Ft, 3 (4�4*4 A00D >L g- 001�, v W,59o,12'00;�� 125.981 ...... ....... RIVER Rll)QNE N 9�049,OVW P WOODY CRUK Z5` wl two c >\ TO LENADO TO ASPEN z"(914-m- cm Legend INDICAICS Sl,,r MONUMENT #5 R"AR AND At,J). CAP L.S7#336I INDICATI"S FOUND MONUMENT AS DESCRIBER (0110. #Dx 0 SNC'IN'MA,S$,, M L4,6514 'Q.� POVER F10-Irl I., INE (970),123,4714 (0 fl�L.E_PTTUN� RISE'R X El-ECIRIC METL,R DAUt SVRVkVjjWIIl, imlig" wo-t., 1,1NE, (k, ---- --- RRVVS,90 71104 NOI �LCN `1$ dm4 L�l 11 r`oy 4 lllril�y 004AWR Itly �JD ev� At mal ;z activolm z9l�y I l�,I, " 11 " " t1jan too t'�'a 10