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HomeMy WebLinkAboutpitkin.planning.273510101005\.,u' e.® DOCUMENT LAYOUT THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION LISTED BELOW IN THE FOLLOWING ORDER Summary Sheet Resolution for the BOCC and/or P&Z Ordinance for the BOCC and/or P&Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat(s) Parcel ID: 2735-10-1-01-005 Application Date: 1/19/10 Case No: P005-10 Description: Lot 5 EP LLC Subdivision Exemption for a Minor Plat Amendment & Minor Planner: Carl Anne Holcomb Amendment to a Development Permit # Copies: 1 Allocated Hours: 6 Project Address: 360 W EAGLE PINES DR, ASPEN, CO 81611 % Over Hours: 7.2 Property Owner: LOT 5 EP, LLC Address: 413 VINE ST ASPEN, CO 81611 Owner Phone: Owner's REP: JOHN DEVINE REP's Email: jpfloating@comcast.net Referrals: ALL OTHER REFERRALS Comments Due Date: 02/12/2010 Meetings: 1st Meeting: Meeting Date: Review Body: admin Public Hearing? no Notice Date: Meeting Notes: Address: 124 VINE ST ASPEN, CO 81611 REP's Phone: (970) 343-9080 Other Referrals: Eagle Pines HOA 2/7/10 2nd Meeting: 3rd Meeting: Approvals: BOCC Resolution #: P&Z Determination #: BOCC Ordinance #: HO Determination #: Admin Determination #: 009-2010 #567131 Other Information: VR Approval Date: Plat Recorded Date: 04/07/2010 VR Expires Date: Plat (Bk, PG): B93 P69 #568366 Remarks: No Vesting Application Type: Subdivision Exemption Minor Amendment to a Development Permit Minor Plat Amendment RECEPTION#: 567131, 02!19/2010 at 01:16:22 PM, 1 OF 2, R $0.00 Doc Code ADMIN DECISION Janice K. Vos Caudill, Pitkin County, CO ADMINISTRATIVE DETERMINATION OF THE COMMUNITY DEVELOPMENT DIRECTOR APPROVING THE LOT 5 EP LLC SUBDIVISION EXEMPTION FOR A MINOR PLAT AMENDMENT AND MINOR AMENDMENT TO A DEVELOPMENT PERMIT Administrative Determination No.Qg-2010 RECITALS 1. Lot 5 EP, LLC (hereafter, "Applicant") has applied to the Community Development Director of Pitkin County, Colorado pursuant to Sections 2-20-150(6) and 2-30-20(g) of the Land Use Code for a Subdivision Exemption for a Minor Plat Amendment and a Minor Amendment to a Development Permit to amend a previously approved building envelope for landscaping and a second driveway/access in a platted BOCC subdivision. 2. The parcel is located at 360 Eagle Pines Drive in the Eagle Pines Subdivision and is legally described as Lot 5, Eagle Pines Subdivision. The parcel is zoned AR-10 and contains 7.93± acres and is non- conforming in size. 3. The subdivision was approved pursuant to Final Plat Resolution No. 90-12, with a final plat recorded at Book 24, Page 93. The subdivision approval established circular building envelopes for all the lots and does not incorporate most of the access/driveways on individual parcels in the subdivision. A Building Permit was issued in 2007 to construct a residence and its accessory uses on the lot. The parcel obtained special review approval for a caretaker dwelling unit pursuant to Administrative Determination No. 34- 2009. 4. The Director finds that the proposed amendments comply with the applicable provisions of the Land Use Code, and that the proposed amendments will not change the use of the proposed development or the basic character of the land, are consistent with action taken during the original review, do not increase off-site impacts or the allowable floor area by more than five percent (5%), and will not endanger the public health, safety or welfare. The areas proposed for development do not contain any constrained areas and comply with the Site Plan criteria. Neither the Lot nor the existing residence can be seen from Hwy 82 or Owl Creek. 5. The Director further finds that proposed Subdivision Exemption for a Minor Plat Amendment is consistent with the Code: it increases or does not affect the degree of compliance with the standards of the Code, is being made to a recorded plat, and is consistent with representations made during the original review. THE DIItECTOR DOES HEREBY APPROVE the Lot 5 EP, LLC request for a Subdivision Exemption for a Minor Plat Amendment and a Minor Amendment to a Development Permit subject to the following conditions which shall run with the land and be binding on all successors in interest: 1. The Applicants shall adhere to all material representations made in the current or prior applications or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. 2. All conditions of BOCC Resolution No. 90-12 and Administrative Determination No. 34-2009 shall remain in full force and effect, except as amended herein. Administrative Determination No. 0~7 -2010 Page 2 of 2 3. No calculations for height, bulk, setback, size, floor area or any other building and zoning requirements have been conducted. These requirements will be considered at the time of permit submittal. Any structures represented in the application might not be permitted under building and zoning regulations. 4. Within 60 days of the date of this Determination and prior to submittal of any further development permit submittals, the Applicant shall be required to submit for approval by the County Attorney and Community Development Department an Amended Subdivision Exemption Plat and Site Plan in accordance with the requirements of the Land Use Application Manual as outlined in sections 2.1.12 and 2.1.13. The above referenced approvals shall be a condition precedent to finalization and recordation. The Mylaz copy of the site plan shall be signed by the owner prior to submittal for recording. Prior to submission the submitted plat shall incorporate the following changes: A. Add a title line identifying the type of review as follows "Lot 5 EP Minor Plat Amendment and Site Plan 360 Eagle Pines Drive, Lot 5, Eagle Pines Subdivision -Parcel ID#2735-101-01-005" B. Draw the activity envelope around all development including both driveways/accesses. The scale of the activity envelope, site plan with boundaries of the parcel and accesses shall be depicted no small than one (1) inch equals fifty (50) feet. C. Add a vicinity map at a scale of no smaller than one (1) inch equals two thousand (2000) feet and a size of no less than five (5) inches by five (5) inches. D. Add a "Community Development Director Signature" block. E. Add an "Owner Signature" block and the disclaimer stating, "Environmental hazard areas exist that might affect the property, any improvements and occupancy thereof" 5. 'Failure to comply with the conditions of this approval may result in revocation of this approval, or any subsequent permit(s) or approval(s) related to either or both of the properties, or vested rights associated with either or both of the properties. APPROVED by the Director, this 18`s day of February, 2010. Ci y ouben, Community Development Director PID# 273510101005 P005-10 MEMORANDUM TO: Cindy Houben, Community Development Director FROM: Cari Anne Holcomb, Planner DATE: February 12, 2010 RE: Lot 5 EP LLC -Subdivision Exemption for a Minor Plat Amendment and Minor Amendment to a Development Permit SUMMARY: The Applicant is requesting approval for a subdivision exemption for a minor plat amendment and a minor amendment to a development permit to amend a previously approved building envelope for a newly constructed residence in a platted BOCC subdivision for landscaping and a second driveway/access envelope. The development was installed without the appropriate permits which must be obtained to cure the violation. An Access Permit was issued on January 8, 2010; the issuance was conditional based on obtaining this land use approval. APPLICANT: Lot 5 EP, LLC REPRESENTATIVE: John Devine LOCATION: 360 Eagle Pines Drive, Eagle Pines Subdivision Lot 5; PID #2735-101-01-005 ZONING/LOT SIZES: The parcel is zoned AR-10 and according to the Assessor's office is approximately 7.93f acres and thus non-conforming in size. BACKGROUND: The subdivision was approved pursuant to a Final Plat Resolution 90-12 with a final plat recorded at Book 24, Page 93. The subdivision approval established building envelopes for all the lots. A Building Permit was issued in 2007 for an approximately 11,500 square foot house on the subject lot. The parcel received approval for a cazetaker dwelling unit pursuant to Administrative Determination No. 34-2009. The Certificate of Occupancy is dependent upon the notice of violation on the parcel being remedied. The building envelopes approved for the Final Plat in the Eagle Pines Subdivision are circular and do not include most access/driveways on individual parcels in the subdivision. The Applicant is asking to amend the envelope to encompass development which was installed outside the approved envelope. The amendments are in two areas -0ne to the south for a water feature and to the south west for the second driveway/access. While the 2008 Pitkin County Asset Management Plan, "as a general policy,... does not allow more than one access per property" it does not prohibit second driveways or access ways, as long as it meets Pitkin County standards and obtains the proper permits and approvals. The Applicant must therefore amend both the subdivision plat and the development permit in order to obtain approval for the second access/driveway and the water feature. REFERRAL COMMENTS: The Applicant was required to submit aSight-Distance Report to ensure the second driveway/access complies with Pitkin County standards and the referenced AASHTO standards. The Planning Engineer reviewed the sight-distance report and driveway; the second driveway does comply with all the necessary standards. Pending this land use approval, an Access Permit was 4~~106~° ~-~ l~ <~ Page, af5 issued. The permit was approved by the County Engineer, the Planning Engineer and the Aspen Fire District. The Application was referred to the Eagle Pines HOA which objects to the second driveway/access. Development within the Eagle Pines Subdivision is subject to an architectural committee's approval. The second access road/driveway was denied by the HOA on December 30, 2009. Their comments aze attached for review. It is important to note that the County's review process is separate from that of the Home Owner's Association. While the County encourages neighborhoods to review development and associated impacts and highly encourages individuals to work with their respective HOA's (as demonstrated by the reminder included in the Notice of Violation issued in this matter), the County reviews and approves development based on the County's standards and regulations. These are considered separate standards and regulations from those of the HOA. Enforcement of HOA standards is not within the realm of the County, but lies instead in the steps detailed in their individual covenants. In this instance, the development meets the County's standards, regulations and codes and although built prior to obtaining approval, the Applicant has satisfied the necessary County permits/approvals to cure the Notice of Violation and comply with the Land Use Code. The County encourages the property owners on Lot 5 to continue to work with the Eagle Pines HOA in order to resolve this matter, overcome the objections presented by their neighbors and obtain HOA approval for this development. NEIGHBOR CONCERNS: Two letters were received from individual home owners within the Eagle Pines subdivision. Both neighbors voiced concern that the Applicant has not satisfied the Eagle Pines HOA rules. The neighbor on the adjoining lot, Lot 6, shares an access easement with Lot 5. Concerns about sight-distance safety have been raised. These issues were addressed and answered by the Sight- Distance report and confirmed by the Planning Engineer. Subdivision Exemption !or Minor Plat Amendments: Subsection 2-30-20(g) (5) of the Land Use Code authorizes a minor plat amendment to be approved if: (5) (a) It is necessary to correct an inadvertent surveying error to a recorded plat that has been approved by Pitkin County, where the error was not intended to circumvent the provisions of this Land Use Code, the correction increases or does not substantially affect the degree of compliance with the standards of this Land Use Code; and the revised final plat will comply with the final plat standards of Pitkin County Land Use Application Manual; or Response: The proposed amendment will not substantially affect the compliance of the lot or the proposed development with the standards of the Land Use Code. The revised plat will amend the exemption plat approved by the County and recorded at Book 24 Page 94. The revised plat will be conditioned to be in compliance with the Land Use Application Manual. (b) The amendment increases or does not affect the degree of compliance with the standards of this Land Use Code; and the amendment is being made to a recorded plat that has been approved by Pitkin County; and the amendment is consistent with representations made during the conceptual and detailed subdivision reviews whichever is applicable. Response: The request to amend the approved envelope for landscaping and a second access/driveway will amend the recorded plat approved by Pitkin County and does not affect the degree of compliance with the standards of the Code and is consistent with the representations made during the conceptual and detailed subdivision reviews. Page 2 of ~ OptlOAZ , ;- Minor Amendment to a Develooment Permit: Subsection 2-20-150(b) of the Land Use Code authorizes a minor amendment to any development application or permit that meets the following criteria, as determined by the Community Development Director: 1. Is consistent with action(s) taken durdng previous development approvals for the property; and Response: The proposal is consistent with previous actions taken for the property. The Planning Engineer, the County Engineer and the Fire Department have all signed off on the additional access/driveway along Eagle Pines Drive. The second access/driveway meets the necessary regulations and requirements for design, engineering and safety pursuant to the Land Use Code and the Access Management Plan. The landscaping is also consistent with previous approvals for the parcel. 2. Does not change the use of the proposed development between residential, commercial and tourist accommodation uses; and Response: The proposal does not change the use of the proposed development. 3. Does not change the basic character of the approved use of land on which the activity occurs, including basic visual appearance and method of operation; and Response: Approval of this proposal will not change the basic character or method of operation of the approved land use of the land which is single family residential in the AR-10 zone district. Does not constitute a new land development activity; and Response: The proposal does not constitute a new development activity. 2. Does not increase off-site impacts in the surrounding neighborhood; and Response: The proposal will not increase off-site impacts on the neighborhood. 3. Does not endanger the public health, safety or we fare; and Response: The proposal will not endanger the public health, safety or welfare. 4. Does not violate any Land Use Code standard,• and Response: The proposal does not violate any Land Use Code Standard. 5. Does not substantially increase the need for on-site parking or utilities, or affect affordable housing generation; and Response: The proposal does not affect paking, utilities or affordable housing generation. 6. Does not increase the floor area of the use by more than five (5) percent or decrease the open space on the site by more than five (5) percent Response: The request will not violate this requirement. Steen and Potentially Unstable Slopes: Land Use Code Sec. 7-20-20 addresses standards for development on potentially unstable slopes; Response: The Applicant did not submit a detailed slope analysis with the application. According to topographical information provided in a building permit site plan (a copy of which is now included in the application) and the soils report for the pazcel, the following information was found: Ll Ll U~ 3 Page 3 of 5 The parcel slopes moderately down to the east at grades of 5% to 10% in the proposed location of the access drive and water feature. East of the existing building envelope, the lot slopes steeply down to the east at grades of 30% to 50%. The proposed access/driveway and water/landscape feature have been placed so as to avoid the constrained areas. Landscaping and Pe2etation Protection: Land Use Code Sec. 7-20-130 addresses standards for landscaping and the protection of native vegetation the following of which apply to the proposed development: Protection of Natural Vegetation Response: Although the proposed water feature is outside the originally approved envelope, it is still located very close to the residence. Disruption of the native vegetation shall be limited and all species planted around the water feature shall maintain a low profile. Additionally, the Applicant has agreed to limit all installed plant species to those that would occur naturally on the site and those as listed in the Pitkin County Landscape Guideline and as described in the Eagle Pines Subdivision Protective Covenants. No landscaping is proposed in the area of the second access/driveway. 2. Conformance with Wildfire Regulations Response: The parcel shall comply with all wildfire regulation provisions as outlined in previous approvals. 3. Landscape Enclosures Response: None of the proposed landscaping shall be used to mark or enclose the boundary of the parcel or privatize an otherwise public view plane. 4. Visibility Clearance Response: No landscaping shall be installed within the intersection of the driveway with a public road. All existing landscaping shall be maintained to keep visibility corridors clear. 5. Required Landscaping in Rural Areas Response: The proposed landscaping shall meet the requirements as required. All disturbed areas on the site will be re-vegetated using native plant species as par[ of the re-vegetation plan. Landscape treatments will be clustered into groupings, not installed in regularly spaced lines or rows. Water: In the Amended PUD General, Detailed and Final Submission Approval, pursuant to BOCC Resolution No. 89-87, condition of approval 1.I.1-e and II.a-b, required the Applicant at the time, to demonstrate proof of legal water supply for the subdivision as well as restrictive covenants for the amount of water used for watering lawns (irrigation). Prior to recordation of the Amended Subdivision Plat and the Amended Site Plan, the current Applicant shall also demonstrate compliance for the proof of legal water supply to supply the water feature. RECOMMENDATION: Staff recommends that the Director approve the Lot 5 EP LLC Subdivision Exemption for Minor Plat Amendment and Minor Amendment to a Development Permit subject to the conditions in attached Administrative Determination. nn tt,, ^^ Page 4 of 5 YQVU~~ ATTACHMENTS: 1. Draft Determination 2. Sight-Distance Report 3. Planning Engineer's Comments 4. Eagle Pines HOA Comments 5. Neighbor Comments 6. Applicant's Response Comments Page 5 of 5 vac~ofl5 Lot 5 EP, LLC. 360 Eagle Pines Drive Aspen CO.81611 February 14, 2010 Catherine Berg -Planning Engineer Pitkin County Community Development Re: Lot 5 Sight Distance study The developers of lot 5, Eagle Pines subdivision have been asked by Catherine Berg, Planning Engineer Pitkin County Community Development to prepare a "Sight Distance" study for vehicles approaching the new access driveway spur which connects into the non exclusive easement for the ingress and egress of lot 6. The outline for performing this study is part of the AASHTO's "A Policy on Geometric Design of Highways and Streets° Section 1.18 of the 2008 AMP. Sight distance is the length of roadway visible to a driver. The type of sight distance that will be addressed in this submission is "intersection sight distance° since the new access spur of lot 5 intersects the access easement of lot 6 at an angle approximately ninety degrees creating a "T" intersection. A "T" intersection is divided into three areas between each leg known as quadrants. Sight triangles are the specified areas along an intersection's approach legs and across the included comers. Approach sight Viangles provide the diver of a vehicle approaching an intersection an unobsVucted view of any conflicting vehicles or pedestrians. These triangular areas should be large enough that drivers can see approaching vehicles and pedestrians in sufficient time to slow or stop and avoid a crash. In this particular situation we chose to look at a vehicle approaching from lot 6 as it might encounter a vehicle trying to exit from lot 5's new access driveway. It has been brought to our attention that the neighboring property owners consider this new access to be a safety hazard. There are two considerations here. One is to evaluate the ability of tt~ driver of Lot 6 to see and avoid an accident with a vehicle turning onto the Easement from Lot 5. Two is to evaluate the ability of the driver of Lot 5 to see and avoid an accident with a vehicle approaching from Lot 6. We chose to ignore the approach of any vehicle approaching from the cul-de-sac toward either lot because the visibility is almost infinite. Y~~~l/V_ .:: J The recommended stopping sight distance as determined by the AASHTO for a vehicle traveling at 20mph is 90 feet. This speed we determined as the maximum for a vehicle traveling from Lot 6 entering and traversing Lot 5. A speed in excess of 20mph would be considered extreme and negligent. iK lag ~ppaow X(R) = 90 feet -Recommended Sight Distance X(M} = 120 feet -Measured Sight Distance Diagram (1) The measured Sight Distance is 120 feet which is more than the recommended Sight Distance of 90 feet. Sight Distance by this approach is adequate. This means that a vehicle leaving Lot 6 traveling through Lot 5 would be able to see and react with enough time to avoid a collision with a vehicle approaching the intersection from the new access spur on Lot 5. :~,:~ r 2 ~a~~il7 The second diagram represents the Sight Distance of a car approaching Lot 6 easement from the new driveway spur on Lot 5. After testing the speed and distance at the point a driver could first see a vehicle approaching from Lot 6 it was determined that a reasonable speed; given the incline and short distance a vehicle would be traveling at approximately 10 mph. The distance to the easement at a point when a driver would first be able to see a car approaching from Lot 6 is approximately 60 feet. The recommended Sight Distance for a vehicle traveling at 10 mph had to be extrapolated from Table 4.2 since given speed values only went as low as 20 mph. A reasonable figure to represent Stopping Sight Distance is 55 feet. Diagram (2) ~ ` f ~i~tin9 Aon-ID[c1a~iW ~~ 1 4, ~, Driv~wY for Sot• 5 i' 6 ~ h« ~ -~'~ . ..._.. `e ~+i ~~ ~ ~~ ,. / ~ Prcpoae~ ~.+ur Po::re~ ~ci~t iag APF3~ --~-~~~~~~•__ ~ ~ is 1bvm~Wr 2009 V r°j ~ ~ X(R) = 55 feet -Recommended Sight Distance X(M) = 60 feet -Measured Sight Distance X(M) > X(R) The measured Sight Distance is 60 feet which is more than the recommended Sight Distance of 55 feet. Sight Distance by this approach is adequate. This means that a vehicle leaving Lot 5 from the access spur would be able to see and react with enough time to avoid a collision with a vehicle approaching the intersection from Lot 6. In conclusion the new access spur adequately provides the required Intersection Sight Distance using the recommended formulas developed by the AASHTO and adopted by Pitkin County. The access spur does not impinge upon the safety and drivability of the Lot 6 easement. * Please note that there is an existing grouping of three evergreen trees located at the comer of the easement and the new access spur. These were placed here temporarily and will be moved after the ground thaws in the spring. They are visible in both photographs below. 3 F v ~f -)U ~ V -~_. ~ ~'~-_: ~. - - ~~, _ _ r_ 4= ~iw~ a- ~ ~r ~ •L .+`_ _ _ , .-mil - ~ ~ ~~~-III ~~ - c- v _ ~~i~;~ ill _' I ~ I '. I .~~, '_ ~`_ _' Figure 1 -View from cul-de-sac towards access spur and Lot 6 4 • "~. Figure 2 -View from Lot 6 showing access spur Respectfully submitted, Ralph U. Whipple Managing Partner Lot 5 EP, LLC. aoooio Page 1 of 1 Cari Anne Holcomb From: Catherine Berg Sent: Wednesday, February 17, 2010 10:28 AM To: Cari Anne Holcomb Subject: Lot 5 Eagle Pines Cari Anne, After reviewing the letter from Lot 5 EP, LLC, dated February 14, 2010, I believe that the second access onto Lot 5 does comply with Pitkin County standards. On page 3 of the letter there is a reference to "Table 4.2" and I am not clear on which table this is in reference to, however I believe that the design outlined in the referenced letter does comply with the County referenced AASHTO standards. Thank you, Catherine Berg Planning Engineer Pitkin County Community Development Cell 970.379.8468 Phone: 970.429.2790 Catherine. Berg@co.pitkin.co.us o OT~U~~ .~:;.ak :1 ,~. Bourd of Direc[ors Dehhie McNamara Julie Wooley Bi0 Smithburg Vincent Santucci Manager Matthew Shmigelsky February 11, 2010 VIA E-MAIL AND HAND DELIVERY Ms. Cindy Houben Director, Pitkin County Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Lot 5, Eagle Pines -Subdivision Exemption for a Minor Plat Amendment and Minor Amendment to Development Permit Dear Ms. Houben: I write in my capacity as the current president of the Eagle Pines Homeowners Association. We received from your office and reviewed a copy of Lot 5 EP, LLC's ("Applicant's") recent application seeking approval for a minor plat amendment and for an amendment to its approved building envelope to include a second access driveway ("unapproved development") for the property located at 360 W. Eagle Pines Drive ("Lot 5"). The unapproved development is already completed and occurred without any approval from the County or the Eagle Pines Homeowners Association ("HOA"). Applicant is only now attempting to obtain the County's after-the-fact approval by engaging in an unauthorized retroactive land-use review process. For the reasons set forth below, the HOA objects to and opposes these amendments. Backeround RegardinH Lot 5's Unapproved Development: Applicant constructed a second driveway access to Lot 5 without any approval from the County and in direct contravention of Eagle Pines Subdivision's Protective Covenants ("Covenants"). ~ The Covenants require, among other things, approval by the HOA's ~ A copy of the Covenants are attached as Exhibit "A." OO~iO~2 Ms. Cindy Houben February 11, 2010 Page 2 of 5 architectural committee of any improvements, including driveways, and their design, location and construction methods. See Covenants' Art. IV, §§ 2-3 & Art. VII, § 6 ("Driveway design, location, surfacing material and construction methods ...shall be approved by the Architectural Committee. The design and construction of driveways shall comply with the Pitkin County Road Standazds and Specifications ..."). On December 10, 2009, Pitkin County issued a related Notice of Violation of the Pitkin County Land Use Code ("Code") and Asset Management Plan "due to the fact that the second access on this property did not receive appropriate permit or approval from Pitkin County."Z The prior, approved access permit only contemplated one driveway accessed From the cul-de-sac at the end of Eagle Pines Drive. As stated in the Notice of Violation, Section 1.39.13 of the 2008 Pitkin County Asset Management Plan "as a general policy, ... does not allow more than one access per property." In the Notice of Violation, Pitkin County offered two options for Applicant to correct its violation. These options included (1) removal of the access in question or (2) stoppage of the work pending approval of an access permit application requiring "approval from the Eagle Pines HOA for variance of the 2008 Asset Management Plan." Applicant has never obtained any HOA approvals for a vaziance regarding this additional access. In fact, the HOA expressly rejected the unapproved development on several bases, including concerns over establishing a precedent for homeowners to violate the Covenants and to construct more than one driveway. Despite the Applicant's cleaz violation of the Code's requirements and the HOA's Covenants, and its failure to comply with Ms. Berg's proposed corrective actions, the County subsequently issued an access development permit on January 7, 2010-two weeks after Applicant submitted an application for an access permit and a week after the HOA, at its annual homeowners meeting held on December 30, 2009, denied Applicant's after-the-fact request for 1IOA approval of the second driveway. The HOA understands that this permit is conditional upon the County's approval of the subdivision exemption for a minor plat amendment and a minor amendment to a development permit and that no certificate of occupancy will issue unless and until these approvals are granted. The HOA objects to any County approval of an amendment permitting the unapproved development. Criteria for Review: Code Section 2-30-20(g)(5) establishes the procedures and criteria for subdivision exemptions for minor plat amendments. Subsection (b) permits approval only if the "amendment increases or does not affect the degree of compliance with the standards in this Land Use Code ..." The amendment would violate the Pitkin 2 A copy of the Notice of Violation is attached as Exhibit "B." 518787-3 O4uO13 Ms. Cindy Houben February 11, 2010 Page 3 of 5 County Land Use Application Manual's requirement that an Applicant provide "proof of the owner's right to use the land for the purposes identified in the development application." Applicant is unable to meet this requirement because the HOA has denied approval of the proposed development. Applicant, therefore, has no right to use the land for the unapproved development. Furthermore, Pitkin County Asset Management Plan ("Plan") Section 1.39.02 prohibits a person from beginning work "on a proposed access ... without first obtaining an approved Access Permit from the County." The unapproved development occurred well before an access permit was issued. Plan Section 1.39.13 states that "[a]s a general policy, the County does not allow more than one access per property." There is no precedent within Eagle Pines for more than one driveway development, and Applicant is unable to demonstrate any hardship requiring a second, supplemental driveway for its "spec" house. Code Section 2-20-150(b) establishes the procedures and criteria for minor amendments to development applications. The Applicant's proposed amendment contradicts several of the criteria, including the following: The amendment is not consistent with action(s) taken during previous development approvals for the property. Applicant did not provide for a second, supplemental driveway in its initial building permit application. Applicant instead commenced and completed construction without any County or HOA review of the unapproved development and is now attempting to gain the County and the HOA's retroactive approval through the amendment process. Such attempts flout the procedural and substantive rules, regulations, and requirements of both the County Code and the HOA's Covenants. Other Eagle Pines homeowners have been required to obtain approval of minor plat amendments before engaging in development. The HOA did not object to these amendments. For instance, in 2001, Lots 7 & 8 were granted subdivision exemption for a minor plat amendment for the purpose of realigning and relocating two access easements (driveway and cul-de-sac) to conform to the as-built conditions of the two easements. In 2009, Applicant applied for and was granted administrative approval for a Lot 5 caretaker dwelling unit. Applicant, after engaging in this recent administrative review process, cannot claim ignorance regarding the applicable review processes. Applicant completed construction of the unapproved development while knowingly and willfully disregazding the Code and the Covenants. In correspondence and other statements made by Applicant to the HOA members, Applicant has admitted to not complying with the rules. 518787-3 ~OOUO14 Ms. Cindy Houben February 11, 2010 Page 4 of 5 • The amendment does change the basic character of the approved use of land on which the activity occurs, including basic visual appearance and method of operation. The unapproved development does not comply with the design standards of the other lots within the Eagle Pines Subdivision. No other lot has a second, supplemental driveway. Additionally, a second driveway changes the basic visual appearance of the development as originally proposed and contemplated by the County and the HOA. Finally, the unapproved development connects to a thirty (30) foot access easement across Lot 5 for the benefit of Lot 6. The entire access to Lot 5 will change. This unnecessary change will impact Lot 5 as well as Lot 6. • The amendment does constitute a new land development activity. Driveway access construction requires an approved access permit because this type of construction is a development activity. No approval was obtained before construction commenced, and the Applicant has only obtained a retroactive, conditional access permit. Applicant even admitted, during a December 30, 2009, HOA meeting, that the unapproved development was not included in the original plans reviewed by the HOA and that construction was la~owingly executed without permitting in place and without notice to the County or the HOA. • The amendment does increase off site impacts in the surrounding neighborhood. As stated above, the unapproved development impacts access to Lot 5 as well as Lot 6. Additionally, any County acquiescence to unapproved development will establish a precedent that will undoubtedly encourage unfettered development and that results in a slippery-slope for County control over land use-both in the Eagle Pines Subdivision and the County at large. • The amendment does violate Land Use Code standards. For reasons set forth above, the unapproved development violates multiple Code standards. The HOA objects to a retroactive approval process that condones Applicant's multiple, on-going violations of the Code and the Covenants. The HOA requests a denial of the application and requests that the County force the removal of the unapproved development. 518787-3 ~OUl~~S Ms. Cindy Houben February 11, 2010 Page 5 of 5 Thank you. Very truly yours, /s/Debbie McNamara Debbie McNamara Eagle Pines HOA President Attachments cc: Cari Anne Holcomb (via e-mail and hand-delivery) Catherine Berg (via e-mail only) Lance Clarke (via a-mail only) John M. Ely, Esq. (via e-mail only) J. Bart Johnson, Esq. (via e-mail only) 518787-3 ~or~ois ~' ,.~ + `~ ~' k 4~ VE tZ l 1} {\Y 1 t\~} C tl ~: ~k~,< ' ' ~ j `~~ . .~:i:>>e~l , ;,,.~ IT~I'tr lhFe~}~;{i'... 4 J.f .. 2t _n~;~y'~'"a~ ~.~.; ti,,,:~.~iy,~,~.,.'1f~;}~~v~s~l ';{. }1~ ~ ti330311 02/14/91 14:50 sec 5140.00 Rt: 639 FG 772 Silvia Davis, Pit kin Cnky Clerk, Doc x.00 PROTSCTIVB COVBNANTB BAOLE PIN88 BUBDIVIBION PITSCIN COUNTY, COLORADO ARTICLE I Purpose of Covenants - General Recuiret~ nts These Covenants shall govern and be applicable to that certain real property situated in Pitkin County, Colorado, known as Lots 1 through 10, inclusive, Eagle Pines Subdivision as defined and •`~ described in the Plat of the Eagle Pines Subdivision, recorded in =`1 Plat Book 24 at Page 593 and 594 of the records of the Clerk and Recorder of Pitkin County, Colorado. Any other lands shown on the .:~ subdivision plat of the Sagle Pines Subdivision, other than the `-:y Lots and the roads shall not be governed by these Protective Covenants unless another document is placed of record by Redd Mountain Holdings specifically burdening those lands with these Protective Covenants. It is the intention of James V. Redd, Robert Ritchie, Louis N. Scholnik and David S. Swan (hereinafter referred to as Declarant), expressed by its execution of this instrument, that the Lots within the Sagle Pines Subdivision be developed and maintained as a highly desirable residential area. It is the purpose of these Covenants to assure that the present beauty and views and setting within the Eagle Pines Subdivision shall always be protected as much as possible in connection with the uses and structures permitted by this instrument. These Covenants shall be ' a burden on and run with all the lands within the Eagle Pines '~ Subdivision. '7 These Covenants shall also supersede and replace that i Declaration of Restrictive Covenants heretofore recorded in Book i 630 at Page 70 of the records of Pitkin County, Colorado, and recorded in Book 630 at Page 242. It being the intention of the undersigned that these Protective Covenants shall be the Protective Covenants for Lots 1 through 10, inclusive, Eagle Pines Subdivision. '_.I ARTICLE II - Area Designations 1. The Eagle Pines Subdivision. The words "Eagle Pines Subdivision, as used in these Covenants, shall mean all of the lands shown as Lots 1 through 10 inclusive on the Plat of the Eagle Pines Subdivision recorded in Plat Book 24 at Pages 93 and 94 of i the records of the Clerk and Recorder of Pitkin county, Colorado, hereinafter sometimes referred to as the "Plat." 1 ~,.1 ._ ~..' ~ ~~ /t .'.' W. ~~: r .. Z ~'.~~.. ' `, \: x i,I"''15.~ .. c,. , ~.~: ,l C~ ~, ^' ..` t . ~pp_iYS ![j+;~N. a~U ~l 1 l s '~ '~ ~:. . . ..1 ;, .~ , ~'` .. \.. '„Iil~'''l' f2 ~. IfaS\\~ fS~'}L Clt'~1\: 1'. ~. .. .3)~1':.'~h~'•.'Y 41 a. 1RE r`' 3 ti \'~'~~ < 'f'it ~ ~',{,l y,t`l'. 'tt t; 11 l t .'1t..i ~1.. _ >; .aL•~y'~1 i5i ~ ~{;faS ~ k , _:~ i ~.Txlf~7 !"1( ( '~ ` : .h 1.1 N ln. '.~ ,rl , !4331\311 !!2/14/9] 14:50 Rec ~14l1, 1t0 ZzK 639 FG 773 Silvia Davirt, Pi tkin Cnty Clerk, Doc S.r?0 2. "R~sidential i ri ~ ", Those Lots designated as Lots 1 through 10 inclusive on the recorded plat of the Bagle P.(nes subdivision. w 3. Declaran Declarant shall be deemed to mean James V. ~~~ Redd, Robert Ritchie, Louis N. Scholnik and David S, Swan, their successors and assigns, and/or any of those named individuals, and ~,, their respective successors heirs and assigns, 1 4' •M•H• R.M.H. shall be deemed to mean Redd Mountain Holdings, Inc., a Colorado corporation, its successors and assigns, _ ~~~ 't~. ~ - ---- - - ~ -ociauo '~ All persons, or associations, or any other entities than the Bagle Pines Homeowner's Association (other to as "Owner" or "Owners") who oxn or ac ) (hereinafter referred g any of the Lots in the Bagle Pines Subdivisionthbytwhateverfineans ~ acquired, shall automatically become members of Bagle Pines _ s Hhmeowners Association, a Colorado corporation not for profit l~ ( ereinafter referred to as "the Association"), in accordance with :,~,t Asso iation which shall betfiled withethe gColoradosSecretaryrof 1 State and recorded in the real estate records of the Clerk and .~ Recorder of Pitkin County, Colorado, and as the same may be duly i Secretaryf of State and recorded with thelClerktandtRecorderaof .+ Pitkin County, Colorado. There shall be one (1) vote per Lot in .~ the Association, R,M,H „ its successors or assigns, shall be a ,',f member of the Association and shall have ten (10) votes in the Association until such time as it or Declarant has sold all of the Lots in the Subdivision owned by either of those entities, .'+ ICLfi IV Architectural committee i ~ 1. Architectural Commirr The Architectural Committee i shall be composed of three (7) natural persons a Board of Directors of the Association. Notwithstanding the abovee R.M.H, shall appoint the Architectural Committee and shall have sole authority to appoint the same until one hundred twenty (120) days after the date on which a total of eight (8) of the Lots have been conveyed by R,M.H. to third party purchasers whether or not R.M.H. owns any Lots as of the date of execution hereof or acquires them hereafter. The persons on the Architectural Committee shall serve at the pleasure of R.M.H, or the Board of Directors, as the _ case may be, who may remove a member of the Architectural Committee and appoint a new member at any time, provided there shall at all ' " times be three (3) persons serving on the Architectural Committee, The members of the Architectural Committee may also be directors of the Association and need not be Owners. The Architectural responsibil ties set out din thissinstrllment. p ThesArch to tural 2 }v..._;.. 71 ~._ : 4, r. _. ''/ ~: ,. :.,. „ ;1 ./;.'. ,,; ` (~~?~~ . '• •; .' r!K~;~. r;:; ,• 0011018 ,,~; ~>'~;~ ~4, ry.4 •..~ ;; . , .. .•?. {~~ .,ift'~ rv~il ~>.Utr t-t r ', a~~ ~ jet t1 ~+i~~<f t! ~ - t ~4 ~ ~ r~~ ~ 11t~ i\S v inl ~n.•llY1 \S' ~. ~fi+ ~ =..Y ~ 1 1 Yrf~ tL~\` \I i. F~:1-.iii u'. Y330311 02/14/91 14:50 Rec 3140. VO RI: b39 FG 774 9ilvea Davi ,, Fi thin Cnty C1er4c, Dor 3.00 Committee shall also have tho right to employ consultants in the performance of its functions hereunder. 2. ADDroval by Ar hi a to al Committ e, No improvements of any kind, ancludang but not limited to, dwelling units, garages, outbuildings, parking areas, tennis courts, swimming pools, fences, walls, driveways, antennae, storage tanks, clothes lines, satellite dishes, and flagpoles for the Lots shall be erected, altered, or permitted to remain within the Eagle Pines Subdivision, nor shall any excavating, clearing or landscaping be done in conjunction ' therewith on any Lots within the Sagle Pines subdivision, other i than by the Declarant or by R.M.H. unless the complete architectural plans and specifications and a site plan showing the location and orientation thereof for such erection or alteration and landscaping are approved by the Architectural committee prior ~ to the commencement of such work. ;~} In all cases, at least three (3) complete sets of the architectural and site development plans and specifications shall ~" be submitted to the Architectural Committee along with a complete ~ list of all materials and colors to be used. At the minimum ~~ complete sets of architectural and site development plans and specifications shall include a full site plan, full exterior and roof plans, complete elevation drawings for all intended improvements and full plans for all exterior surfaces. All copies of the complete plans and specifications shall be signed for identification by the Owner or his architect. The Architectural Committee shall either (a) certify in writing, as complete any owner s application or (b) advise in writing, an Owner that this application is incomplete, and additional information is required within thirty (10) days from the date an owner states, in writing, to the Architectural Control Committee that he believes his application is complete. If the Architectural committee requires i the submission of additional information the application shall be deemed to be complete ten (10) days after submission oP that information to the Architectural committee. Notwithstanding the ~ completion oP the delivery of and information required to certify the completeness of an application, the Architectural Committee shall have the right to request whatever additional specific information, plans, specifications, reports and the like it deems necessary to evaluate the development proposal throughout the approval and construction process. In addition, the Architectural committee may adopt rules and regulations which shall specify what information, reports, plans, specifications and the like are required to be submitted to the Architectural Committee. The Architectural Committee shall also have the right to charge persons submitting such plans, other than the Association, a reasonable fee for reviewing each application for the approval of any plans or specifications. In the event the Architectural Committee fails to take any action within thirty (~0) days after an application is deemed complete hereunder, either by certification or by the 3 ~~;.;, . ` 1~ _ `,~:,:. .' .~>y: 7:~ ~ _t, f> ,`r. „ .. ~ ,i!; `,+ .. • r ;...; _c, f~ ~. i ,~~~ , v::~ r OO~~:U19 i j: i` . ~. ti s; c ~' h } :t,'i `~ _ ~;~. ::,~.: ~~;: ;; °'% :a.. .., ;, ~k is . i. ` :{ f ' ':'~ 1 I 'i ,~ ' }} F a~,Y !`. _ ~ ~ ~'~ y /.\i~i~~!l,t! ~ e}~\S~.~l~i1I~~~y'. 1'I ~fk.l 1.'.: ''`` ~ yy 3 : . i w .1. .. ~'~1 i~.~l :f<n~Al -j~h 1. ~1 i1t •. . .'~•ri e~~.u ~!lil, ~'.f`/Jk~~ »tdt ~'ti.~i1 TJ .1 ~~kl i~ E. ,t~ i„ :;! ti331~311 C~2/14/9f 19:50 Rec S14 U. 00 BK 639 FG 77g Silvia Davis,. Fi tkin Cnty Clerk, Dac B. 1~0 , submission oP additional information, than all of such submitted architectural plans shall be deemed to be approved. The Architectural Committee shall not unreasonably disapprove the architectural plans, The majority vote of the members of the Architectural Committee shall be required for approval of plans. 3. Buildino Permit. An Owner may apply fora building permit from the Pitkin County Building Department at any time provided however the plans submitted to the Pitkin County Building Department shall not differ in any substantial way from the plans approved by the Architectural Committee. If the plans submitted to the Pitkin County Building Department differ in any substantial way as determined by the Architectural Committee from the plans approved by the Architectural Committee then all approvals of the Architectural Committee shall be deemed automatically revoked. 4. Variances, The Architectural Committee may, by an affirmative vote of a majority of the members of the Architectural Committee, allow reasonable variances as to any of the Covenants and restrictions governing architectural control contained in this instrument and/or policies or rules promulgated by the Architectural Committee, on such terms and conditions as it shall require, No variance shall be granted which contravenes any provisions of these Covenants required by any approvals obtained from Pitkin County for Eagle Pines Subdivision or which violate the Pitkin County zoning and Building Codes. 5. General Requirements. The Architectural Committee shall exercise its best judgment to see that all improvements, construction, landscaping and alterations within the Eagle Pines Subdivision conform and harmonize with the surroundings and with other structures as to design, materials, color, siting, height, and all other design features, The Architectural Committee shall protect the seclusion and view of each Lot insofar as possible in the development of the Eagle Pines Subdivision pursuant to these Covenants and shall endeavor to protect and preserve the visual character and the wildlife using the property. In its review of any proposed development activity the Architectural Committee shall evaluate, among other things, the materials to be used on the outside of buildings or structures, including exterior colors, harmony of architectural design with other structures within the Eagle Pines Subdivision, location with respect to topography and finished grade elPVations and harmony of landscaping with the natural setting and native trees, bushes and other vegetation within the Eagle Pines Subdivision. 6. Preliminarv Anorovals, Persons, associations or other entities who anticipate constructing improvements on lands within the Eagle Pines Subdivision, whether they already own lands in the Eagle Pines Subdivision or are contemplating the purchase of such lands, may submit preliminary sketches of such improvements to the 4 ~~~ ~t~~,',dl.~<. i,1` ;~, .r ... ,~~i'. n •. ~." p^..j ~~. '.: „r. ~, i .t.~j~; ~.' c.; '~~ ~i f ~~. /: f ti))a ~. • ~t u- v: r, z .. '~2'. y; a 4 - @ODU20 '>;Z''` ., ~L ., . i. i.~lA;` :'4t`,P4l~r,~:1At;~ ~.G'i~i t ~'~-.3.,.~..v5.it$t.~ lr.~g'.~yLi:S~i~'sl~t~A..,+,,,. ... „~;;,:~ . , ,, :` G ut v N330311 03/14/91 14:50 Fec 4140.00 E+f: 639 PG 776 Silvia Davis, Fitkin Cnty Clerk, Dar. $. 00 _ Architectural Committee for informal and preliminary approval or disapproval. All preliminary sketches should be submitted in at least three (3) sets and should contain sufficient general information on those matters required to be in the complete architectural and site development plans and specifications to allow the Architectural Committee to act intelligently on giving an informed preliminary approval or disapproval. The Architectural committee shall never be finally committed or bound by any preliminary or informal approval or disapproval until such time as complete architectural and site development plans, specifications, materials and colors are submitted and approved or disapproved. The Architectural Committee may charge a fee for providing a preliminary review. 7. Architectural and Site Development Plan The ;;I Architectural Committee shall disapprove any architectural and site development plans submitted to it which do ttot contain sufficient :~~~~ information for it to exercise the judgment required of it by these covenants. ~ 8. Guarantee of Performance, The Architectural Control . ~;; Committee shall have the right to require as a condition of architectural approval of any plans, that sufficient financial guarantees be posted in order to insure the full compliance with these Protective Covenants. 9. Architectural Committee Not Liable. Neither the ;a Architectural Committee, the Declarant, individually or collectively, nor R.M.H., shall be liable for damages to any person or association submitting any plans for approval, or to any owner or owners of lands within the fiagle Pines Subdivision, by reason of ' any action, failure to act, approval, disapproval or failure to 1 approve or disapprove, mistake, negligence or non feasance arising out of or in connection with the submission of any plans, fivery Owner or other person who submits plans and specifications to the t Architectural Committee agrees by submission of such plans and specifications, that he will not bring any action or suit against the Architectural Committee, the Declarant, individually or ~ collectively, or R.M.H. to recover such damages. 10. Written Records. The Architectural committee shall keep and safeguard for at least three (3) years complete permanent ~ written records of all approved applications including one (1) set of the finally approved architectural and site development plans ~~~~ and of all actions oY approval or disapproval and all other formal actions taken by it under the provisions of this instrument. 11. Authority to Promulgate Rules and Regulations. The -~ Architectural Committee shall promulgate and adopt rules and j regulations necessary to implement these Covenants. These rules and regulations may include submission requirements concerning the i i 5 :~ ~t) ~ r .. r 'r"', Ct ii,.vt, i-. ' ~~1.•i ~ ,.,. ?E ' !~, =i 4` ' G4 ,' ; 4 ~ fg4 ifj. !2ii t)~f. ~ ,' F' ,. t :. ~ee +~ ~ i r. ~. 4 . ~~. ,r ,~..~ -- 00~1~21 .,, .,. ,•M 4 jji '.t ++ ~r + 1~~1.i~~;~+''~D4'~t~y,~}11tlt) ~'` t,iyy~~~,r.~~11~~~t~l'~~~uit~~ .S}'Si\)`t~~:}`fN4l~~,~~(`i+.~r1, ,~~:E ~, • .Ill .. ,1 I; A'1 ,.. ~ ~.`.~ 1:~. .!~7: ~iL.l,'.Y.1 ..l a4 ,.~+.~~, i ~l J...l~.(!7t. ,` ~ ' + i i, , i..., E',=f 115) 11, 8330311 02/14/97 14:511 Rec 4.140.00 At: 639 PG 777 Silvia Davi=_, Pi tkin Cnty Clert:, Doc $•00 type of information, reports, plans and specifications and the like which need to be submitted with any application, site specific limitations, restrictions or guidelines for each Lot, and payment of reasonable fees for processing or reviewing the application. These rules and regulations need not be uniform for each Lot and shall take into account the unique character of each Lot and the Building Site as described in Article V below (hereinafter referred to as "Building Site") on a Lot. By way of example and not by way of limitation, the rules and regulations adopted by the Architectural Committee to review architecture, site planning and energy conservation are set forth in Exhibit "A" herein. These rules and regulations shall be adopted by the affirmative vote of a majority of the members of the Architectural Committee with the written consent of R.M.H., and may not be amended, except by the majority vote of the members of the Architectural Committee and the written consent of R.M.H., until such time as R.M.H. Ras sold eight (8) of the Lots whether or not those Lost are first .acquired by R.M.H. after the date of execution hereof, whereupon the rules and regulations may ba amended solely by the Architectural Committee. ARTICLE V Building Sites All development activities on the Lots including, but not limited to, dwelling units and accessory buildings and uses, shall be constructed only within the designated Building Sites as described on the recorded plat of the Eagle Pines Subdivision (hereinafter referred to as "Building Sites") except as may otherwise be provided by these Covenants. Driveways may be constructed outside the Building Site with approval of the Architectural Committee. No fencing of any type shall be constructed either within or without any Building Site unless the same is approved, in writing, by the Architectural Committee, it being the intent of the Declarant and R.M.H. to discourage fences on the Lots. If any fencing is allowed it shall not exceed forty- two inches (42") in height. Any fencing constructed by R.M.H. shall not require the approval of the Architectural Committee. ARTICLE VI General Restrictions 1. No Further Subdivision. No land described on the recorded plat of the Eagle Pines Subdivision shall be further subdivided into smaller lots or conveyed or encumbered in any less than the full dimensions as shown on the recorded plat of the fiagle Pine Subdivision; provided however, conveyances or dedications of easements for utilities may be made for less than all of one Lot. Notwithstanding the foregoing, a lot line adjustment between two (2) Lots in the Eagle Pines Subdivision shall be deemed a permitted subdivision, subject however, to any reviews or approvals that may be required by the Pitkin County Land Use Code. Furthermore, neither the Declarant nor R.M.H. shall be subject to the 6 i ' ,~',., ,, ~ l^~~ }.<: 41 ~~~ ~.. ~f~ ~OOuo22 4 ,.,:, . ,; ~` ~~ '~ , „ 1 1~r {{t 7 } ' ' ' ~r1 ~.i `~Jrl~r++~t ~ tl 1 r ~, ~,; ,~ lk. ~1\ \\ X15 r~t i '\ ~ l t1 Il ~ ~ l'~:, ~ `.~ ry , µ A' ~ yh~i 1~'' , ~ ~! i4i4(L+H)~t i ~. !``l~~!~t 1J ~i+5~1'~5J; r'a: ~r ..lei (r . r ,a i: .t S1 1. r ,` , ,_ . . . . . ~l : . . . . . . h :: ~ :.4o~a l7fJ~U: H330311 02/14/vl 14;50 Fec fi140. UC1 BK 639 FG 7 78 Silvia Davis, Fi tf~in Cnty Clerk, Dpc 4.00 ` prohibitions contained herein with respect to the subdivision of those portions of Lots 1 and 2 lying West of the West Buttermilk Road from the remainder of Lot 1 or Lot 2, Eagle Pines Subdivision, if such lot split, resubdivision or division is expressly approved by the Board of County Commissioners of Pitkin County for the purpose of allowing the construction of no more than three (7) single family employee housing units of no greater than sixteen hundred (1600) square feet in living area and/or an equestrian facility on those portions of Lots 1 and 2, Eagle Pines Subdivision lying to the west of West Buttermilk Road, In the event that the employee housing units are constructed, they shall be screened from view from the West Buttermilk Road. 2. Qggs. Dogs shall be allowed to be kept on or to visit any Lot, but they shall be kenneled or leashed at all times when outside of any building. No dog shall be allowed to become a nuisance to any Lot Owner due to its barking. 3. Horses and Other Animals. Only the Owners of Lot 2 and Lot 3 shall be permitted to keep and stable horses on their Lot(s), on the following designated areas: (a) for Lot 2, on the lands north of the Building Site for Lot 2 as shown on the Plati (b) for Lot 3, on the lands east of the Ski Company Road Easement as shown on the Plat. The keeping and stabling of horses on these Lots shall be subject to the review and approval of the Board of Directors of the Association and to applicable regulations of Pitkin County. Ho other Owners of any Lot shall be allowed to keep horses on their Lot for longer than overnight. Except as is expressly permitted above, no other animals, except domestic household pets, shall be permitted to be kept on or visit any Lot, without the approval of the Board of Directors of the Association. 4. Individual Sewage Disposal Systems. The Lots in the Eagle Pines Subdivision shall be serviced by individual sewage disposal systems which shall be constructed and maintained by the individual lot owners. The sewage disposal system serving an individual Lot may be installed outside the Building Site; the location of which shall be approved by the Ar.:hitectural Committee. To the extent permissible by law, the method of sewage disposal shall be the least consumptive waste water disposal system permitted. Due to soil or slope conditions on some lots, additional expense may be incurred in the construction of engineered sewage disposal systems meeting Pitkin County sewage disposal regulations. The removal of trees and vegetation in sewage disposal areas shall be minimized during installation, and any vegetation or trees which are removed shall be revegetated at Owner's expense no later than the next growing season following installation. It is recommended all sewage disposal systems be designed by a qualified registered engineer with local experience. 5. Underground Utility Lines. With respect to the new construction of any improvements within the Eagle Pines Subdivision 7 ,,lei: ~;i.i a ~, lyi; -'~~, /..~. ':. t t.j .. .~ , sk', t`. (.. rl `/~ ~~~ ~~ ?1 ,' .. t v: r ~`'c,•, F ,' rr i i ,1.:.: 00ui~~3 t.. ,, . ai'ti ~~`.. y .. .a }t~~:.~'A;~ 1'll :..~\I~I I :i~::, 1 ... 'j,.~.~S:Ih~`t~~~141~~1~t~~4`~~~~~~~'~u~~i~f.~;~1., ,~J.. .~ #33031! 02/14/91 14;50 Fec 4140.00 EI: 639 FC 77q Silvia Davis, Pitkin Cnty ClerV:~ Dnc 4,00 or the extension of any utilities, all water, gas, electrical, telephone and other utility pipes or lines within the limits of the Eagle Pines Subdivision shall be buried underground and not be carried on overhead poles or above the surface of the ground. Areas disturbed by the burying of utility lines shall be ir:~ ' revegetated by and at the expense of the Owner or Owners causing a:~t~`e.. ~: the installation of the utilities no later than the next growing I:+t '.: season following installation, };~.'~~?~~ 6, Maintenanc ~ Paved Roads, The Association shall be responsible for ongoing maintenance of the paved private roads in the Eagle Pines Subdivision. Individual Owners shall be responsible for the paving of their private driveways prior to the issuance of a Certificate of Occupancy for any dwelling structure as a condition of approval by the Architectural Control Committee. During construction, driveways shall be treated as necessary with magnesium chloride or other dust suppressants approved by the Pitkin County Environmental Health Department. The Association _'~,.;~ shall have the right to treat private driveways and charge the owner if the owner fails to fulfill his responsibility for his :~'~ individual dust control. ~~~ 7, Service Yards and T ash, All equipment, service yards or storage piles on any Lots in the Eagle Pines Subdivision shall be i enclosed within a solid covered structure or be kept screened by adequate planting or fencing so as to conceal them from the view of i neighboring lots and roads. No garbage or trash or other waste shall be placed anywhere other than in covered sanitary containers which shall be maihtained in good and clean condition. Containers shall be made of a material which will minimize noise during - handling. All garbage and trash collection shall be in strict accordance with the rules of the Association. All rubbish and trash shall be removed from all Lots in the Eagle Pines Subdivision and shall not be allowed to accumulate and shall not be burned thereon. 8. Ho Mining. Drilling or Ouarryina. Mining, quarrying, tunnelling, excavating or drilling for any other substances within the earth, including oil, gas, minerals, gravel, sand, rock and earth, shall not be permitted within the limits of the Eagle Pines Subdivision. ~ 9. Resolution of Board of County Commissioners Subdivision Imor ~vements Aar emend.. All Owners shall adhere to the requirements set forth by the Pitkin County Board of Commissioners ..; and Planning and Zoning Commission in granting subdivision approval to the Eagle Pines Subdivision as set forth in their Resolutions recorded in Book 604 at Page 513, in Book 625 at Page 22, in Book 613 at Page 892, in Book 670 at Page 58, in Book 630 at Page 82, and in Book 630 at Page 254 and the Subdivision Improvements Agreement in Book 630 at Page 76 and re-recorded in Book 630 at Page 24 of the records of the Clerk and Recorder of Pitkin County, Colorado, and any duly enacted amendments thereto which may be I a ,e$ 1 ~ .. ~ <. .~ ~ .~ ~ir: ~ ~ ~ ~ ... L . tl ~~ .. 1.~ l ': :~j~. ~I ~ t vl i ,~` _ ` /...~ ',C~r~... ~ .. ' L ~~~ y; .y,~ Hr ~~~~~~: ~;, °>' t;r: ~;v . ~b ,, ,. ~..,~ <;. ~, ~'~ f) 1 i i K ir ~ ~ < t ~ ' ` 7~ ~ • .. .• .i.;1~ :i1{~,.;•.'OL ~:1:Sl;xISIRk.I., .,;!, ;t'-• . ~" ~ .-~~ ~.. ~`~<'~a''~i?~.L'iJ i1 4 ~~ ir 4~}v ~~~~f '• 4~;f~% , . , .t "~ ~~ `~,~ : . i . ,7 ~, • o N330311 0:'/14/91 14:50 Rer. ~t40.00 H}: 639 noc x•00 FG 700 made. Silvia Davis, Pi tkin Cnty Clerk, ARTICLH VII Restrictions on Lots i .7 ~.;a~y; :,•; f. ~,Jx! Fi ~~a11 is i ~" •~(r•.l~Sa~~. k'Yr 1 h y ~~~f 1. Number and Location of Buildings. No buildings or uses shall be placed, erected, altered or permitted to remain on any portion of the Hagle Pines Subdivision except as approved by the Architectural Committee and in compliance with the Pitkin County Zoning and Building Codes. 30, Maintenance of Native Vegetation. Outside of the Building site, the Owners of any Lot shall maintain and preserve the native vegetation. The Owners shall be required to revegetate to the satisfaction of the Architectural Committee no later than the next growing season after the disturbance. If the Owners fail to revegetate the Association may enter upon the Lot in question and do so, and shall have the right to charge the Owner therefore. The Architectural control Committee shall also have the right, as a condition of approval of any plans to require the Owners to post a bond to insure the completion of the revegetation. 11, Compliance with Governmental Reoulations. All activity on any lot shall at all times comply with any and all applicable governmental regulations, including but not limited to those of Pitkin County, Colorado. 12. Parking on Subdivision Roads. No resident or guest fn the Hagle Pines Subdivision shall at any time allow any vehicles of any kind or nature to be parked on kept on any of the roads in the Hagle Pines Subdivision. 13, Commercial Usave, Notwithstanding the residential nature of the Hagle Pines Subdivision, a dwelling unit may be utilized by the occupants thereof for their business purposes as long as such usage is strictly confined to the interior of such dwelling unit, is not publicly advertised in the telephone directory or any other media, does not result in an increase in the number of vehicles parked or kept upon any Lot, does not increase the traffic upon the roads within the Eagle Pines Subdivision, and does not in any other way disturb the residential nature of the Hagle Pines Subdivision. ('~if` l l (t11,~.' 2. Completion of r,,,~rraction. Any exterior construction activity within the Hagle Pines Subdivision shall be completed and fully cleaned up within twelve (12) months from its commencement or shall obtain a variance from the Architectural Committee to allow for a longer period of construction upon proof of due diligence. The Association shall have the right to enter the property and complete the unfinished exterior improvements, and fine the Owner For all costs associated with completing those improvements, which fine and any reasonable cost of collecting the fine shall be 9 .%I ,~ `' ;3 •...' ~. .v. .. .r. t '~A.. ~i ,.: ' , 00~1~~5 ,.,' ~~`~. i~.'~y ~ ~ '.:{~~ i ~~ ~ it ;'~ :; 1Z•Z~.~t'o%n><~ hli~l',~~?~hfgb t.~C~l 2 y [, ~(,~,•,~~iTI„ ~ I i, 1 ( ,1 L~ ]T••/,Zr~'~i' ~5~ , ~, i. 5.4,}i~ \. i` `l(fv. , f .i,S~;~iE [(11'13+~J ~`) uJ:;.'.. \`~~ ~ N330311 02/ 14/91 l4: SO Rec ?•190. tt0 DI; 639 FG 781 Silvia Davis, Fi t{:in Cnt)' Clerk, Doc 5,00 lienable against the property, 3. Maintenance of ~nprov~~, A Lot and all improvements thereon shall be maintained at all times by the owner in good condition and repair. The Owner shall cause all dwellings and other improvements to be refinished, resurfaced or repaired periodically as effects of damage, deterioration or weather become apparent, Appearance and color, type of painting ar stain or other exterior condition shall not be changed without prior approval of the Architectural Committee, All appropriate repairs and replacements shall be made as often as necessary. Unsightly conditions shall constitute a nuisance as defined in Paragraph 12 hereafter, .`.I 4, it places/Wood Burning Stove All homes in the Sagle Pines Subdivision shall comply with the fireplace regulations of Pitkih County. All wood burning stoves in the Eagle Pines .I subdivision shall be certified as approved by the Environmental Health Department of Pitkin County at the time of issuance of the '~1. appropriate permit. .1~ 5. Fire M_ ;t~~, In order to mitt ate the fire hazards on any Lot, the following measures shall betundertaken by the Owner of each Lot: a. Trees and shrubs shall be thinned or cleared, as necessary to within thirty feet (30 ) of any residence, b. All roofs shall be kept cleared of debris. c. Firewood shall be stacked on a contour away from buildings d. The base of buildings shall be kept cleared of weeds and debris. e, At least one (1) ten (10) pound ABC-Class fire extinguisher shall be placed and maintained in each structure. i f, Roof coverings shall be of a noncombustible Underwriters Laboratory (UL) approved material. g• All power and telephone lines shall be underground. h. Motor vehicles shall not be parked in tall grass in order to avoid hot mufflers starting fires. i, No structure shall be placed on any densely vegetated hillside with a slope greater than thirty percent (~pg), 6• Driveway Driveway design, location, surfacing material and construction methods, including without limitation application of an approved dust suppressant, during construction, shall be 10 t/ i ~ v._ - .~ r `g \\ ;{~.. &~ + < <~.... li ; ~a ,~~~: Q;;:~. F'~, 3i" 1 ~~?~ . i. j ~~ ,t'` ~, `~ ,: s~ 1 "'" ~'.. ._ oa{,azc . .., a ;~ , (,,, ~ .. . . i ,t , 4++'t~•y'F`tit ~ ; 4~';k.,` ~.;+~rt)i ~ ' ,: ~ iii` 1 1 ,IPrI. ~u(i 74 ,I}) t l ~ p, 1/. a ) \'~+ ZS).µ f}~)~: ~# i rn ~ s+f-.'2~t...Fi").. ~c•~ff1 ~ ~+ ' ~ ~ ` ~ s ' S , 3~. s.;,,~ 5}? ~ . c~}y~~v~>~~~5' ' ' \ I , >it i),I t} n fii .~ ~ -1 ,.t 1~ts 1, I ~~, ~, n~ t ~ i . . .~ . .. .T. 1Y17. :.a. j ~lU 1 ilC 7:fi. ~ .i.t , i `'}CT•tw :. ~ ( t .,.. . t,i; ,L~/~l/..L l.~i ~l~ l,ti X41, ~ ' ~l tt N3z03t1 07/14/91 14:50 Rec 81•}0.00 DI: 639 FG 782 Silvia Davis, Pitkin Cn ty Clerk, Dnc ~b.00 . •~`t "~ [l1 _' 1 •~' '1 ?.~I '.9 i~ i ,.:i s.S ~fi ~`.~ i `t `i ~;i \''~~ ;:., , ~. 51.i'J.:. ~. , .. - '(: .,:.;, r <; j,; tiff. ;i` `II` j'A Yi,< ~!~;~v: ki;;.°F) approved by the Architectural Committee. The design and construction of driveways shall comply with the Pitkin County Road Standards and Specifications governing paved driveways. After construction, driveways shall be maintained in good repair, 7. Trees and Landscaoina. There shall be no cutting or altering of trees or bushes or natural vegetation on the Eagle Pines Subdivision, except as is absolutely necessary during construction, which shall thereafter be revegetated in accordance with the terms hereof. Thereafter, there shall be no further landscaping of any Lot, except as may be authorized in writing by the Architectural Committee. 8. Used or Temporary Structures. No used or previously erected or temporary house, structure, mobile home trailer or nonpermanent outbuilding shall ever be placed, erected or allowed to remain on any Lot except during construction periods, and no dwelling unit shall be occupied in any manner prior to its completion. No motor homes shall be parked or stored on any Lot for~morethan ten (10) days out of any calendar year unless such is stored in an enclosed garage or other allowed and approved storage building. No used or temporary structure may be occupied prior to the issuance of a Certificate of Occupancy. Anything to the contrary.notwithstanding contained herein, one (1) motorhome shall be allowed on each Lot, as long as this motorhome is parked in such a manner as to be out of sight from the roads within the Eagle Pines Subdivision and from all other Lot, other than the Lot where the motor home is stored, within the Eagle Pines Subdivision. 9. Fences. No fence of any type may be erected unless the written approval of the Architectural Committee has first been obtained, it being the intent of R.M.H. to discourage any fencing. To facilitate wildlife movement through the Eagle Pines Subdivision, all fencing that is approved shall comply with the Division of Wildlife standard for wildlife fencing. 10. Road Damaae. Each Owner is responsible for any damage caused to private roads during the construction of improvements upon his property by any vehicle belonging either to him or any one using the roads of the Eagle Pines Subdivision while engaged in any activity benefiting the owner. Furthermore, each Owner shall also be responsible for any damage caused by utility cuts in roads, washouts and runoff damage. The Association shall have the right to require the Owner to post a bond or letter of credit of a reasonable amount to cover the cost of repairing road damage resulting from construction on the lot. 11. Enclosure of Unsiahtly Facilities and Equipment. All unsightly structures, facilities, equipment and other items, including but not limited to those specified below, on any Lot shall beenclosed within a solid, covered structure or screened from view. Any motor home, trailer, boat, truck, tractor, snow 11 .,~ ti! t, Y• a . .'.Ii ~ i ~]I `i7 : . ~ /. i; t., .,i~.' f_ + ^' F: ;n;:., ri .a dfl~`L7 ,, . ~,•F, i; t ' ~ S 1 JI'r,~~4'a `tZ 1, 2}`~~\ ;if 71 ~~~r r1` i~. ' l ~;°~`'~ )) i 1)~, t ~ ;. cn 1 dr~l' ~(i t i '.~' L ~ ~!1J i 4•!r 41iy, tt ' /~'ti`i~l~~ \~,-, ~ ilt 7 ~.~# yi$~ ~ `~~1iV+~ ;` ~ ~~ ~8'7~~rt.. ._ ~~';{~y\ ;~~'>• '+~t. V ~. _... \ ~ r1f ~. i S:@, .1~111'1C). /. c. .i s i',/, ~ ~ .f:.d .. 6. (1 t?I ..a. ,, 1 .•~ f. 1~~ 1~~ H330311 O?/14/91 14;50 Sec 5140,00 DK 639 FG 7B3 Silvia pwi s, Pi tf:in Cnty C1 er{;, Doc 5,00 removal or garden equipment, and any similar items on any Lot shall be kept at all time, except when in actual use, in an enclosed garage or shall be screened from view. Rny refuse or trash container, utility mater or other utility facility, gas, oil or C' '. .: water tank, satellite receiving dish for television or other t`~.: signals, service area, storage pile, or area for hanging clothes or i'.~: other household fabrics on any Lot shall be enclosed or -~~~:~• appropriately screened from view by planting or fencing approved b the Architectural Committee and adequate to conceal the same from ~?~~'~ neighbors, streets and private roads and access drives, !to lumber, metals, bulk materials, scrap, refuse or trash shall be kept, i stored or allowed to accumulate on any Lot except building t•. -I materials during the course of construction and only for such reasonable periods of time as is necessary prior to the collection of or disposal thereof, `j 12. Noxious or Offensive Activities. No noxious or offensive =~ activity shall be carried on upon any portion of the Eagle Pines ., Subdivision at any time not shall anything be done or permitted _ _.~~_~ which may be or become a nuisance or cause unreasonable embarrassment, disturbance or annoyance to the Association or the Owners in the enjoyment of their Lots. ., 13. Firearms. The discharge or shooting of firearms is prohibited in the Eagle Pines Subdivision, except as may be permitted by rules and regulations promulgated by the Board of Directors of the Association. ~ • ARTICLE VIII Easements Reserved 1, $asements Described on Plat. The lands within the Eagle ~~' Pines Subdivision are subject to any and all easements described on ,;~ the recorded plat of the Eagle Pines Subdivision. 2. Utility Easements Reserved. There are hereby created and reserved perpetual easements twenty (20) feet in width for the ~~~ - purpose of constructing, maintaining, operating , replacing, enlarging and repairing electric, telephone, water, irrigation, sewer, gas, cable televisions and similar lines, pipes, wires, :~.`j ditches and conduits. The Declarant for itself and for R.M.H. I reserves the right to locate these easements or portions thereof {:i across any portions of any of the Lots, or other portions of the Eagle Pines Subdivision if such is deemed necessary for the most ~""'~~~ efficient and expeditious running of the utilities, provided in no ' event shall any such easement run through a Building Site or across ~? any area of a Lot wherein which an owner has received approval from the Architectural Committee to construct improvements, with the '~;~ exception of any driveway. With respect to the utilization of any easement on any Lot reserved hereunder, the easement shall be ~"c;,, !-; deemed an as-built easement at such time as any utilities are -~`*' 1 constructed pursuant to those easements reserved; and, the ~.'~~"` i i.i'lG,: >; e. £. aJ ,:.. ti_ ~. ~. ~` S° ... yti`. ; \' ~..,i.. ~ `~ 1 i' ~~`•, t .. ~..i~; f~~~ ~. ,~ ,~ ©(N1 J 2.8 ,, ,.; ;~ t~`` ... lt330311 02/14/91 34:50 Fec 5140.00 DF: 639 PG 7B4 Silvia Davis, Pi thin Cnty Clerkt Dnc 5.00 j easements reserved hereunder shall be deemed located ton feet (l0t) on either side of each utility line as-built and the remainder of the Lot shall thereafter be unburdened by this reservation. The Declarant, Redd Hountain Holdings, Inc. and/or the Association are hereby given the right to grant these easements to such utility companies and public or private agencies or authorities as it shall deem necessary for the proper servicing and maintenance of the Eagle Pines Subdivision No approval need be obtained from any Owner, 3. Easements for Irrigation casem nts and Rights Reserved. There are hereby created and reserved perpetual easements across all of the lands in the Eagle Pines Subdivision along the lines of all irrigation ditches presently in existence, or hereafter constructed, for the purposes of the construction, repair, replacement, maintenance and operation of irrigation ditches and reservoir structures. 4. Basements for Ski Purooses. The Declarant for itself and Redd Mountain Holdings, Inc, hereby reserves the right to create and locate perpetual easements for ski access on all of the Lots; provided however, that any such easement shall be located outside the Building Site. The Declarant, for itself and R.M.H. further reserves the right of ingress and egress for itself, the Association and the individual Owners for the use and maintenance thereof. The Association shall maintain liability insurance for the benefit of any individual owners upon whose Lot this ski access is located, in sufficient amounts, as reasonably determined by the Association, to protect such Owners and the Association from any injury due to the use of the ski easement by any party. 5. Fence Licenses Within Basements. No fence or other ;t improvement shall ever be placed in any of the easements created and reserved under any paragraph of this Article IX, unless prior written authorization therefore shall be obtained from the ~ Architectural Committee. Any such authorization shall be deemed to be revocable license and the Owner or Owners of the Lot upon which `! said fence is constructed shall promptly remove the same at their ' expense upon request of the Architectural Committee. Damage to any such fence occasioned by construction, maintenance and/or repair of any service or system shall be repaired by the Owner or Owners of the Lot at their sole expense. ~' ; ~.r Ar~fr}{`<``)`tZ A. 7f ri 1A~.~,~~r tt~_~f. 7~~~~t) a9~~{{••it at!`t~}` t ~ tt'rY Y, x J'~it `I rtrtt,~~Y`' tt7; ~ t'.: ', ~1 a~Yi~~~,~3i:l' ~ ,..~ i f i!t lr `I_ t t ~r` r 1, r1 ..1`77 >!~. ~ ~,... rf ~ ifilll ~. 6. Ownershio of Basements. All easements and rights created and reserved in this Article shall be and remain vested in the Declarant until such time as the Declarant has executed and delivered an instrument in writing transferring the same or a part thereof to the utility company or other entity requiring the easement or to the Association or to R.M.H. Upon any such transfer., the Declarant shall be relieved from all continuing responsibilities therefor. Upon any subsequent transfer from R.M.H., it shall be relieved from all continuing responsibilities 13 r,t-::_z,:::.. y.~ j J+f•. v: . - .. ^.4r , ~~~ .. . 1 ! , '~, t ~~. i>~. ~' I Yi' '`r't) ' ~[ ` Q Q!) U'~~ ,.7 ;.. ~i<~ ,'~.` :> r i. .,f,Q 2. '~'p1'I t.t)'h~})6 ).. ~ YF'.~A 4''' 3 y, ~ `~ ~~~~4 7 ~ t',1 ~'i 3• 5~+,~i) ~~y.: ~t / `` ~},pt•S~J'~:~~4,,i 1'i ~'n. iS f:..)11~ ~t, F}s~ lt: B33C'311 02/1.1/91 19:50 Fec 8190,00 gk 639 FG 785 Silvia Davis, Pi akin Cnty C'erkr Doc B,On therefor, Private ARTZCLS X Road Easement n`wate Ac ess Sasement Drivewavs and Em A c i `t ;1 I i. 4slershin of p t ~e Road Sasement The title is fee to all lands platted as the private road easements, as shown on the recorded plat of Sagle Pines Subdivision, shall be and remain vested in the Declarant until such time as it shall have executed and delivered an instrument in writing transferring the same or a part thereof to R.M.N. or to the Association, At such time as the Declarant makes such transfer R.M.H. will be responsible for all maintenances and responsibilities pertaining to the private roads. Association.R AtHsuchytimenaseReddeMounta n HoldingseTInc,tmakes such a transfer the Association will be responsible for all maintenance and responsibility pertaining to the private roads. The Declarant, R,M.H „ or the Association as the case may be, shall have the right to grant additional easements over those easements reserved herein to such utility companies, public or private agencies or authorities, or private individuals as it shall deem necessary or desirable over these easements. No approval need be obtained from any Owner, 2, Gran of Access Easements Over Private Road. Tho Declarant hereby conveys to the Association, for the private use of the owners of the Lots being served thereby in the Sagle Pines Subdivision, a nonexclusive easement over and across the private road easements on the recorded plat of the Eagle Pines Subdivision. 3, Maintenance of Driveways, All driveways constructed in the Eagle Pines subdivision shall be constructed and maintained at the expense of the Owner(s) whose Lot(s) is being served by a particular driveway, The Owner whose Lot is being served by a particular driveway shall be responsible for ongoing pavement maintenance of the private driveways, 4. Access Sasement, A nonexclusive easement for ingress and egress is hereby granted to all police, sheriff fire ambulance and other similar emergency agencies or protection, public bodies engaged in the lawful Persons, all duties, the City of Aspen water Department,aand anytother utility company, public or private, now or hereafter servicing the Eagle Pines Subdivision and its residents, to enter upon all private roads and driveways located in the Eagle Pines Subdivision and on any property in the Eagle Pines Subdivision in the lawful performance of their duties. ARTIC XI Collection of Assessments Snfnr ement i. Assessments, Except as may be otherwise provided by these 14 is ci .I 3 i .I { ~ :.v,~...,., i;:, !_,: , i:t` i ~u,; ~?`' ~~ 1j` !}~r~,) r nr. v -OOu030 ~) ` .. ~:. Y.. . ,,. ,, , ~~, ~~ f i .. : ~ Vi ` '~ ' l' i t'~ t III x t ~ ?'.'~~t(~+~t~~ J; ~r ~ : ~ 'tlt. ~ J; . t l . ,.~",. o . a~~.t c. ...13 ~' l A M ~~ ~ . ,:~ :i,,~ . ~~~ ~ ~' ~ . ,, tl330311 02/14/91 14:50 Rer. 5140,110 HK b39 FG 766 it,;~',:f v 1•~ Silvis Davis, Pi t4;in Cnty Cl eri;, UnC 5.00 ' covenants, all Owners shall be obligated to pay any assessments imposed by the Hoard of Directors of the Association, in such amounts as are fixed by the Board of Directors of the Association '. without limitation. The Declarant and/or R.M.H, shall be required to pay assessments to the Association attributable to any Lot in i the Eagle Pines Subdivision oxned by it. To the extent the Association is responsible therefor, assessments may be lawfully imposed for any items of common expense which may include, among other things: expenses for maintaining, improving and snow plowing ~' the privato roads in the Eagle Pines Subdivisions expenses of implementation and maintaining a security system for the residents I of the Eagle Pines Subdivisions fire protection systems; expenses ~ of the Architectural committee; expenses for dog control; expenses 1 for the enforcement of these Protective Covenants, and, any other reasonable costs and expenses incurred by the Association in pursuit of its purposes, The sum of Three Thousand Dollars ($7,000.00) shall be deposited with the Association at the time of the first conveyance of each Lot by R.M,H, by the purchaser thereof, which deposit shall not bear interest and may be retained by the Association as working capital and as security for the :l payment of assessments. There stlall be no deposit required upon a it conveyance by the Declarant to R.M.H. The Board oP Directors may establish contingency and reserve Punds for the maintenance and i improvement of the private roads and any other anticipated costs and expenses of the Association to be incurred in pursuit of its purposes. Contingency and reserve funds shall be in such an amount as the Board of Directors may deem necessary and appropriate for the aforesaid purposes an3 each Owner shall be required to pay his pro rata portion of these funds, As used herein, an owner's pro rata portion of common expense shall mean one-tenth (1/10), based on there being ten (10) Lots in the Eagle Pines Subdivision, The Board of Directors shall have the right during any calendar year to levy and assess against all of the owners a special assessment for such purpose of purposes, in accordance with these Covenants, or the articles or bylaws of the Association, as may be necessary. Such special assessment shall be paid for in equal portions by the owners obligated to pay such assessments and shall be due and payable as determined by the Board of Directors. 2, Special Assessments for Failure to Properly Maintain a Lot. In the event that the owner of any Lot shall fail to malntaln the premises or complete or maintain the improvements situated thereon in a manner satisfactory to the Architectural Committee, the Hoard of Directors of the Association shall have the right, through its agents and employees, to enter upon said Lot, and to complete repair, maintain and restore the same and the exterior of the buildings and any other improvements erected thereon in the manner contemplated herein. The cost of such action shall there- ', upon be added to and become a part of the assessments to which such Lot is subject and shall likewise be a lien on such Lot, which assessment may be collected as provided herein. 15 , 11 G ,...: ~` )~' 1W: 1 ~,. F ~ ~ ~ i. ~'~1_'~, i ~ .. ~.'~..i ~.C: i- A, 14,, ~ .. Yr~;lOO! /~~~1~ ' k' , . i ri.` 31t~~~ c i4 it .. ' r !' "~ ~i~~tl 31 . _ .. . ,~+ ,1. J ~ i 1 ~ t ~,r\~I.~~r ti~ ~' t ` ~F`Z~y( t,,,S`j~3~~'Yj111~~11 , , ( ;,;~:i13y''\rR`{~5~ e )N,l!~' §Er}.: ~ ~,{ ~~ ~ : fy ' i~ <F~C` :gyp 1`C~> ;~ ~ '~ i tti . fi.. i'~l , , : , . , ~'y ' r , .. r ,~13y~1) X3303 L1 0^/l9/91 14:50 Rer. 3190.00 DI: 639 FG 787 Silvia Davis, Fitkin Cnty Clerk, Doc 3.00 . ,' i. .i 3. Lien for Non-Pavment of Ass ssments or Fines, All sums assessed by the Board of Directors including, without limitation, the share of common expense assessments chargeable to any Lot Owner, any fines which may be levied on the Owner oP any Lot herein, shall constitute a lien against such Lot superior (prior) to all other liens and encumbrances, excepting only; a, tax and special assessment liens on the Lots in favor or any governmental assessing unit, and, b. all sums unpaid on a first mortgage or record, including any unpaid obligatory sums as may be provided by encumbrance. If any assessment shall remain unpaid after twenty {20) days after the due date thereof, such unpaid sums shall bear interest iron and after the due date thereof at the rate of Twenty Four percent (24$) per annum, compounded annually, or at such rate as is determined by the Board of Directors, and the Board of Directors may impose a late charge on such defaulting Owner in an amount not exceeding One Hundred Fifty Dollars ($150.00) to cover the extra costs and expenses involved in handling such delinquent assessments. This fee may be modified by the Board of Directors as they deem appropriate. In addition, the Board of Directors shall be entitled to collect reasonable attorneys' fees incurred in connection with any demands for payment and/or collection of delinquent assessments. To evidence such lien the Board of Directors shall prepare a written notice setting forth the amount of such unpaid indebtedness, the name of the Owner of the Lot and its legal description. such a notice shall be signed by one of the Board of Directors and shall be recorded in the office of the Clerk and Recorder of the County of Pitkin, Colorado, Such lien may be enforced by foreclosure of the defaulting owner's Lot by the Association in like manner as a mortgage on real property, upon the recording of a notice of claim thereof. In any such foreclosure the Owner shall be required to pay the costs and expenses os such proceedings, the costs ahd expenses for filing the notice or claim of lien and all reasonable attorneys' fees. The Owner shall also be required to pay to the Association, any additional assessments against the Lot during the period of foreclosure, and the Association shall be entitled to the appointment of a receiver to collect the same. The Board of Directors, for the Association, shall have the power to bid on the Lot a foreclosure sale and to acquire and hold, lease, mortgage and convey same, The Association, at its election, and in addition to any other remedies it may have at law or in equity, may also sue an Owner personally to collect any monies owed the Association. c. Each Owner hereby agrees that the Associations's lien on a Lot for assessments as hereinbefore described shall be superior to the Homestead Exemption provided by C.R.S. 38-41-201, et sea. (1973, as amended) and each Owner hereby agrees that the 16 r:, __ ,il .~: ~ ~';- ~: 1~ ~Z: ~~,_~ .. .. ,r~ , ~~~ ,. j.'~`. i :^':~j ;;r '~' G(~-~032 . . ,,~. • ,; ` ~ i , ~~ ~ • . 'i 4 ' :~ ~ f ' ~ . i. ;. . ~,. l:. S . A ~ 9 o I .~. ..: a.o .. ~. a : i. tt .4. Y'~S. ~~~=T itP 11 . 11330311 02/14/91 IM1: SO Roc X140.00 DK 639 PG 788 Silvia Davis, Fitkin Cnty Clerk, Dnc g.00 ' i ,:1 i I acceptance of the deed or other instrument of conveyance in regard to any Lot within the Eagle Pines subdivision shall signify such grantee's waiver of the homestead right granted in said section of the Colorado statutes, Furthermore, each Owner agrees that any assessment levied hereunder, all interest due and all costs of collection, shall be the personal obligation of that owner and shall continue even if the Owner's interest in the Lot shall be transferred. d, Any recorded lien for non-payment of the common expenses may be released by recording a release of lien executed by a member of the Board of Directors. 7. enforcement Actions. The Association, acting by and through its Board of Directors, shall have the right to prosecute any action to enforce the provisions of all of these Covenants by injunctive relief, on behalf of itself and all or part of the owners of the lands within the fiagle Pines Subdivision. Both the Declarant and R.H.H, independently, for so long as either of them retain any of the rights granted, retained or reserved to them hereunder, shall have the right to prosecute any action for injunctive relief and for damages against any owner or the Association by reasoh of any violation of these Covenants. The prevailing party in any enforcement action shall be entitled to an award of its reasonable costs and attorneys fees. Each Owner by acquiring interest in their Lot appoints irrevocably the Association as such Owner's attorney-in-fact for such purposes; provided, however, that if an Owner notifies the Association .in writing of a claimed violation of the provisions herein contained and neither the Declarant, R.H.H., nor the Association takes action to remedy the violation within thirty (30) days after receipt of such notification, theh, and in that event only an Owner may separately at such Owner's own cost and expense, enforce provisions herein. Violation of any of the provisions herein contained shall give the Association the right: (1) to enter upon the portion of any Lot wherein said violation or breach exists and summarily to abate and remove, at the expense of Owner any structure, thing or condition that may exist thereon contrary to the intent and meaning of the provisions hereof; (2) to prosecute a proceeding at law or in equity against the person or persons who have violated or are attempting to violate any of the provisions herein to enjoin or prevent them from doing so; and (9) to cause said violation to be remedied or to recover damages for said violation. ~•~ 4. Limitations on Actions. In the event any construction or alteration or landscaping work is commenced upon any of the lands ' in the Eagle Pines Subdivision in violation of these Covenants and no action is commenced within one hundred eighty (180) days thereafter to restrain such violation, then injunctive or equitable •~ relief shall be denied, but an action for damages shall still be 1 available to any party aggrieved. This one hundred eighty (180) day limitation shall not apply to injunctive or equitable relief i ~ 17 i ,{ ,~ ^. Y e: (~, ~. .. .`\V. .. ~~{ ~.. a i.~.:.. <>:° 'izs ,~. ~4~ ;~; .:: t, ~. , i; i, ~ ` ~: '.k h y + , :'it'd. 00F~~33 . ... ..},: aLj`e ~\ ~;t},(y~,ll {)~~SS~i~.~kviti~Sff a.._ . ~1 f,Ji}. i ~> . . M330311 03/Ih/91 SM1:50 Rer- 41A0.00 BR 639 PG 7B9 Silvia Davis, Pitkin Cnt)• Clerk, Doc 4.00 '~1 ,~ l 1 ~ i{ t'~ lI ,: `. ,~~+ ,;i ;`~ ~i" I.~.':)' '.. mss. , ni' : , L~`~h' '`~tiL f 4.'i`~. ,,; ., n,. s. _ against other violations of these Covenants. rovided g• i es. In addition to the enforcement actions P after for above, the Board of DiOT~unityst lbahheardhto ra90wner, to affording notice and an opP sum or on a par diem fine, fn a reasonable amount, the Owner for any violations of t ese covenants. mhe fine may be ssthateanaOwneru i in violation of the basis for the number of day Covenants. Any such amounts thabg collect d and forecloseddonmin a lien against the Lot and may the same manner as is provided above for the collection of comm expense assessments. * ronstltute a Nuis~@• every violation of these 6• art thereof is hereby declared to be Protective Covenants or any p ublic or private remedy law or equity against an Owner, shall be and to constitute a nuisance, and every be exercised by the allowed therefor by applicable against every such violation and may Association or any Owners pursuant hereto. le al or equitable proceedings for the enforcTOV ision in any q the reasonable to restrain the violation or partiescshallioPayr any hereof, the losing party art or parties in the amount as revailing P y roceedings. All remedies attorneys' fees of the Court in such P may be fixed by yt shall be cumulative and not provided herein or at law or in equ' Y exclusive. The fa?.lure of the Association of the Architectural Commit ee rovisions of this Declaration herein to enforce any of the p contained shall in n~nivviolationsmor of thea righteto enforcelany to do so for subsequ and the above-named entities shall not be other provisions thereof, liable therefor. s• re of Comnl~• Upon payment of a reasonable fee not to exce~d one Hundred F>,fty Dollars ($150.00) and upon holder of a deed of trust, written request of any Owner, mortgagee, erty encumbered by these Protective Covenants, the of any real prop ed certificate in recordable Association shall issue an acknowledq of the enerally whether or not to the best of the form setting forth g Association's knowledge, an Owner is in violation o an the persons who rely terms and conditions of these Protective Cove be f~rnishedwwithea statement shO~d faith nc Suchest tement shall 2D days from the thereon in q put not to exceed twenty ( ) In the reasonable time, est for such written statement. receipt of a written requ io erty, it event of a failure to furnish such written s ainst the pthPn twen Y (Zp) days, unless there is a recorded lien ag shall be conclusively presumed that thereeSrewas madeland that said relating to such Lot as to which the requ Lot is in conformance with all the terms and conditions of ese 18 ., . F ...: ' ~, '• -?•, .Y ' . . . L [''f'it. ,, .:.. ~, ., I~~~,~.i Ii' 0 Elul 3~~: ., r . -. 1 ,. \ t~ 1 , ,5 r, r; 4th "`~~' +, F t7 '~{~ ~{I~YtSI f M, ~ , '~. i ,. ~ ` } , ' ; ~ ~ ~~'1~~~ tl ~i~.tt~4~t~ ~ij` lhi~~ \i~ ~~.. { ~rrt . ~ i t,~ Y1. • Ir IhQ ' tai f • r~ ~ 5 5`i ep~~~`~r~ht 'r .. .a t{a"nirl_1;,~.(~i T:. 1`f~~~~` ~ _t~11~~t)~~ ."l,E.,.:., f r . w !f'Qr vU; .~ .,~.li.:.. ~t 7.F ~•. , ... FG 790 ..~14/q1 14:50 Rec S1n0, 00 D5: ~b39 Pitkin fntY Cler1:, poc 11330311 O:. Silvia Dzvt>. Protective Covenants. ri htato promulgate and adopt such reasonable rules and regulations g rred to carry out the purpose and intent of the as are requ' Protective Covenants. RTIC_~-- I'g ZVII ae eral Provisions 1 ~, All of the Covenants contained in this instrument shall be a burden on the title to all of the lands in toethe ownerseofsthellandsninathe EaglenPines Subdivisionlandnthe benefits and burdens of all said Covenants shall run with the title lands in the Eagle Pines Subdivision. The to all of the ulations as Association may promulgate such reasonable rules and reg it deems appropriate with respeOC~ne~ uhis family, or hisbsocial or those covenants herein by. any ~ business invitees, and the o ner'satutilization aof the benefits suspend or terminate anY violations of these Covenants. created by these Covenants for any _ - c„ti 7ivisiom. 2. dd' ~ a os ~..-- In the event additional lands or lots are adde o the Declarant or by R.M.ti. or with the written Subdivision by the filing of additional consent of the Declarant and R.M.H. by plats in the records of the Clerk and Recorder of Pitkin County, Colorado, such recordation shall operate to expand these covenan s rovided at the time of to govern such additional lands, p recordation of such plat there theseeadditional 1 a ds w th the appropriate document encumbering burden of these Protective Covenants. Until all Lots in the Sag the Declarant, the Declarant or Pines Subdiaddladditionalvlandsbto the Eagle Pines Subdivision at R.M.H. may rior to the conveyance of all the Lots by the its discretion. If P Declarant another Owner wishes to add additional lands to the a9 with the written consent of Pines Subdivision this may be done only ac ire title to, the Declarant and R.M.H.. once R.M.H. has conveyed all of the Lots in the Eagle Pines Subdivision which it may be added to the Eagle Pines Subdivision only additional lands may 1 5 of the Owners of upon the written consenE le Pines Subdivision Lots 1 - 10 inclusive, g g Termin_._ anon of Cov Wants. In the event these Covenan s y licable have not been sooner lawfully terminated pursuant to an ap y Colorado, and the laws of the State of Colorado and Pitkin Count . ercent (75~) provisions herein contained, to vote of seventy five germinated on January 1 of the year 2040 by the members of the Association of the votes entitled to be cast y aragraph 5 below. If these covenants are not so subject to p terminated, then they shall continue to be in full force and effec 19 { .n Y.i 3S:i. .. Vi ....:i,:[ l~r~'; <'1'r';~ ;;' ; 'r`t yr_,' %r r.':.' ~ , ~. `' ''3~~~~ ..,:,~. ~ .!. I'.' .,' ' .; , SiY ~ ~. <. . 1. 000035 .,`t' ~'L `l ~' ,fr~r f,`~~t i4t S.~A•} ~~ J~t1 p~4~ i~+}ii t~): ,, laF ~. i)~' ~.J ~l ~) f { ~ 1. 3, fr.e-~ ~'~i~. ~~l ~ Q :\',+L r I.irt 11 ,l.j{y~, 1~ ~ ~ .;.,..c .ia_~.:::~rn.r~.7~J~~,l,~'}i~r.,~)Si1:(. 4.ro.. :. ail e('}Y,: A~~.'C>r~'.' ,. "/ .fir ifi } ~ 't}`( ~~ .:,f i. ,. ..t .i .r _.. 1 ~r ~~. .. ,`T .1f~1~1}~. 't33031t 0~/14/91 19:50 Rec X190.00 CtK h39 FG 791 .~'iS lvia ^avis, FitLin Cnty C1 erk, Poc 3~. 00 } _'3 i _•'` ;I .. ,:i i 1;; - ~.:. ~; i;~, ;:*~ ,` „ t~:'' ~~ :;~°:' ~~~^~1 ~~. 4 #i. ,:>< ,~;:fr~ for successive twenty-five (25) year periods unless, at the close of a twenty-five (25) year period, the Covenants are terminated by a vote of seventy-five percent (75$) of the votes entitled to be cast by the members of the Association at a meeting of the members duly held. In the event of any such termination by the members a properly certified copy of the resolution of termination shall be placed on record in Pitkin County, Colorado, not more than six (G) months after the meeting at which such vote is cast. 4. Amendment of Covenants. Subject to paragraph 5 below, these Covenants may be amended by a vote of seventy five percent (75$) of the votes entitled to be cast by the members of the Association, said vote to be cast at a meeting of the members duly held, provided a properly certified copy of the resolution of amendment be placed on record in Pitkin County, Colorado, not more than six months after said meeting. 5, Pitkin County R qu~rements. Notwithstanding anything herein contained to the contrary, all portions of these Covenants which were required to be contained herein by approvals obtained from Pitkin County for Sagle Pines Subdivision may not be amended or terminated without the consent of Pitkin County Board of County Commissioners. All other provisions may be amended or terminated in accordance with Section ~ and Section 4 above of this Article XVII. 6. Severabillty. Should any part or parts of these Covenants be declared invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity of the remaining Covenants. 7. Paragraoh Headings. The paragraph headings in this instrument are for convenience only and shall not be construed to be a part of the Covenants contained herein. 8. Successors and Assigns of the Dec grant Release of Rights. Any rights or responsibilities granted or retained by the Declarant under these Covenants shall inure to and be binding on any successors in interest or assigns of the Declarant, including but not limited to R.M.H. and ahy person or entity which accedes to the rights and obligations of the Declarant with respect to the real property governed by these Covenants. By its signature hereon the Declarant hereby grants to R.M.H. all of its rights hereunder and R.M.H, specifically assumes all of the Declarant+s responsibilities hereunder and agrees to indemnify and hold the Declarant harmless from any and all claims losses and expenses which Declarant may incur by reason of its execution hereof. 9. Disclaimer. No representations or warranties of any kind, express or implied, have been given or made by the Declarant or R.M.H, or its agents or employees in connection with the property or any portion thereof, or any improvements thereon, 20 ;~a :, ~ " + ,:. a;. v.. `. x ;>;. .,`.', 00~~03G . 1; -.~ `~ 4 ~~qq!!F :~..-~,L' 4t 1 ~ `~if1 ~{~`~i~ 6. ii ~~ ~yt,~t~v ~c~'11i 4Y~~~~i~l~~~.. .:r~l: SAe4`~~:~ei.~YtiM;~1'~,ISf~..Y. ~~-,~; 41!`Z! ~~4~ ~tix~'f,~ '4 ! .} ~`~~'~{1fe~ }I *S~t t i t` ` i. •,•.. ~ .1.5`ES,r 5.l{,\i ti'), ~\ ,ere; :~ ') ,~ .311; ,' t Fir u F,><r ,NF~,- iF330311 0?/14/91 14:50 Rec $140,00 HK 639 FG 7qz Silvia Davis, Pi tf:in Cnty C1 erk~ Doc 5,00 physical condition, zoning compliance with the applicable laws, fitness for intended use or in connection with the subdivision, f sale, operation, maintenance, cost of maintenance, taxes or other regulations hereof as a subdivision except as expressly set forth in these Covenants and the Subdivision Improvements Agreement signed with Pitkin County, Colorado. ' 10, Limited Liabi itv, The Association and the Hoard shall not be liable to any party for any action or for any failure to act with respect to any matter if the action taken or failure to act was in good faith and without malice, The Owners severally agree to indemnify the Association and the Board against loss resulting from such action or failure to act if the Association and the Board acted or failed to act in good faith and without malice. The Association shall make a good faith effort to obtain insurance for errors and omissions, and other forms of liability insurance for officers and directors of the Association. IN WITNESS WHBRSOF, these Protective Covenants of~^the Bagle Pines Subdivision have been executed on this ~ day of ~T~CJA<rY 1991. ~ Paragraph 8 of Article XVII Accepted and Agreed to: R&DD MOUN IN HOLDZ G , NC. By: ^' Ro ert Ritc ie, Vice President 21 y [i i. t.. <~1j '~. tj ~': ~iM1. ~6b1}.ir...': ilt JJ 1.4v. <ej',. ['.J > x\\V. :a' ~~: ~,.i j~~'. ~' `. t~~'f_; `~'Y ~` k~: . 9i~~ i I; ~t+3 :l;F .. F ~~... ~.. .gJYC QCUJ37 ,l;~f~ Y.Ah~ V ~\.~ t ~ 1. ~ ~ k i 11r)t ~>`J>K r ~)t`[ t a~'` ?, ltr~l S .t. ~•,,(~ tt~~11 ~~`` tt``t ` 55~ v.l i~1ni/~.lNC ~i ~2 t \^\\~ ~).rty0}.~ ~5. 't~ii ~ ~..{~1\adZl'~~J.i ~f`t~rU~~~AlfDl~, •1'HS.;~.~t ~f r ' ~ r>~g pV+kw r~,rYl i a i~~{rf ~. ..., , ,; . :1~' +~4: !1330311 02/14/91 14;~0 Fec 4140,00 GK 639 FG 793 Silvia Davis, Pi tkin Cnty C1 er^{:, Dac 4,00 STATE OF _ ~ ~ I(1 / , ~ ~ ) nI )ss, COUNTY OF _ {" ~~~~~ ) Acknowledged, subscribed and sworn to before me this ~ day of February, 1991, by Brooke A. Peterson, Attorney-in-Fact for James V, Redd, Louis N. Scholnik and David S. Swan. Witt My c STATE OF COUNTY OF Ackn of Februz President ~,. tteua nounca>,n Holdings, Inc. Witness my hand and off! 'al eal. My commission expires: 7 G Notary Public ~'. > ~ .., v '. ^>-o-... ,;,~ ~. %. . 22 i~ .. r:: ~,~' GG~~t13~8 ,:, . ~ `` '111M~: iht~. i'('u ..11111 ! l.b'rl qr' \ P~ l !~\}~I. kkrt) ~~' S'i1L ~ ~i. i i I 1 ) Jl)' t r:~ ' .t .pit 1y~:~,hl~Vtk .' t~~T II''f~.'1~~1 l~)~t ~' li. ~l.t r/l`!h YTS. i~..~~.Y •. 11`1( t ~ 1:J lY. It330311 P?/14/91 14:50 Fec X140.00 BY, 639 FG 794 :,ilvia pnvis, Pitkin Cnty Clerk, poc 4. 00 • BXBIB T nAn ,` Y I. ARCHITECTURAL REVTFw n BJECmrv~c The Eagle Pines Subdivision development has been designed to provide a limited number of homesites with maximum privacy, views and sun exposure, In order to make certain that the detailed design of individual buildings take advantage of the opportunities provided by the plan, an Architectural Committee has been established to assist homeowners and their architects to understand the unique characteristics of the development plan and property, The authority and responsibilities for the Architectural Committee has been established by the Protective Covenants of the Eagle Pines Subdivision. The Architectural Committee is charged with reviewing and approving all buildings and landscape improvements on the property, The committee is made up of three (3) members to be elected by the Board of Directors of the Homeownerls Association. The members may be homeowners, directors Boarde The design criteria for the architecturalsreviewnprocesstis presented below. II, The followin -~~~' criteria applies to all buildingslandtsite developmentdwithinmthe Eagle Pines Subdivision. A. Buildino a ion, Buildings shall be designed to blend into the landscape, Architecture that appears to contrast to the landscape shall be avoided and the transition between buildings and the landscape shall be designed to minimize the contrast. Vegetation shall not be relied upon to hide, screen or diminish the visual impact of buildings and site development because of the slow plant growth that results from the high altitude at Eagle Pines Subdivision and the short growing season. Retaining walls and extensions of buildings, platforms and terraces should be used to create this transition. Roofs shall be designed to retain snow and there should be similar roof pitches to create continuity between buildings within the Eagle Pines Subdivision. B. Roof S~ rf_CeS. The following criteria for roof surfaces apply to the outer-most weathering surfacn including roof slopes, roof hips and dormer gables, 1 '} :r 4 ' .wW ! \~ 7: ~.. t 1• OCUff3zJ F t+t i, *y~ i. Il. I .; d ,~~ i.;. i' ~`. :rF ~ ~-r ... i 4. '' ~ii `f. ...y: `. ~1. 'i? •i .i' ' ~. ~~,~.. .1~. 1 ~i~J;.{1'`~F i~, l~ ;{~ ~5ti ~t r5~;~115.;~;55 5 t,a51F l~ u~1(`tt~t ''' fir, j', '/r ~5~i.,`~ l fi'} ~~~~,,rr '/1:~t.1 \Y ;~~.i (y~~l ~lf. ~rct5:yy~~:ii~, :-~ d~} F\~~(~ -i ~ TZ ~ ('\f ( '.~ .... _ . ,.~ l.. l js ,~~112t~Iv4t ~~'.?<t..a : i1..*.tf'v,).~.~.3~ b`va~ ,o~tv`~LrL~IY~~~:l.,:~:.:«.,,.,•..f`u~~ll, ft330311 0/14/91 I4:SO Rec $140.00 C<K 639 FG 795 Silvia Davis, Fi t4:in Cn6y C1 er{„ Doc 4.00 1. Snow shall be maintained on roofs through the use oP materials, pitch and snowstops, 2. Roofs are to be cold roofs or R-50 warm roofs, i `''i ti :=:5 ,~, 1 r~ S'~Z• -ii ~~. ~. , ,~: i ~~i' ~" 5 ,~~~ ~::;..~. 3. Roof materials are to be wood shingles or inorganic shingles, i.e., concrete, slate or formed composite. C. Exterior Wall Surfa ea, Exterior wall surfaces applies to the outer-most building surface exposed to weather, including building walls, beams and columns, Exterior walls should be natural materials, including, but not limited to, wood siding, stone, and applied stucco like material, D. Color. Colors are to be used that blend into the color of the summer and fall landscape. Colors that blend into the winter landscape have not been considered a priority because the mid-value earth colors that are compatible with the summer landscape become dark objects in contrast to the glare of the white snow. Outer wall surfaces should be earth colors and values. Roof colors should also be earth colors, but can be somewhat darker than outer wall surfaces. No limitations are placed on trim colors, however, trim colors should not create a high contrast. E. Solar col Ito s. Solar collectors are permitted provided the reflection angle from the collectors does not come within four hundred feet (400') of any other residential building sites. F. Exterior Fu rnishinas, All exterior site improvements and furnishings, including fences, retaining walls, tennis fences, flagpoles, gates, TV dishes and service yards should be designed to appear as extensions of the residential complex or to blend into the landscape. 1. Building Screen Fencina: Fencing used to screen buildings or use areas should be wood or stone. This fencing should be designed as part of the residential complex and blend into the existing landscape as much as possible. 2. Tennis Fencina: Tennis fences should be painted or coated with colors that blend into the landscape. Court elevations should be low, and, if possible, below grade to minimize fence heights. Attempts. should be made to site tennis courts so tennis fencings blend into existing vegetation edge. Where possible, fences should be built as extensions to retaining walls or screened by landforms to minimize the apparent height of the fences 7. T~lev isi, on pishgs: Television dishes shall be screened from viewpoints along the road and from other residences. 2 (. ' . t c ., OOu~<:0 ,.,., it ) r H i; _ .. \t r ~ Ly ~ )~, p ri, ~~t1!{.<~Z `ti ~ S~'~~.,~ ;i'F, Y~)r }~'i`5 ~~~\\i ~ it )~1\i ~ N i}~(~~~~.~~~}Jy~ t ~ y~+{?? ` ~ t y~ ~~`?~f~C'4~f~11 ^'~ ~ ~,~ j li + /i }1*{i }}~ i `~Cr ~ 1.'~'t:~ ~,..1:ri...~.ll it a..lYrM~Yi r~l:c`t: 15 r`,..;.:.~-! ;~i~>!`: ~..r.'r: /.~ ,... ~ _ihr;:~.y.%11.~7:'.i''.,~„.,` .,~~ '. uJ1?. 11330311 02/14/91 14:50 Rec 4140.00 Bf: 639 FG 796 Silvia Davis. Fi t4:in Cnt)• Clerk. Do[ 4.00 ~i ',; 9 q ,. t ,. '{' ,,~ :.ti iiI~ S•J 71 ~*t t' ~1~~ r -: .b `::'i'`~. c~`;'.- ,~~:j.. i ~.}.. ey•,t~ o. [ n%''', r:....' '"~': ~. . FoF„ t15a;. n )~. r' 7+~, r ~'.rDj f. Dishes should be painted earth colors to blend into the landscape, 4. Miscellaneous: All other site furnishings, including gates and light standards should be designed and painted to blend into the landscape or become part of the building structures. G. Exterior Liahtina. Exterior lighting should be minimized. Where lighting is required to light outdoor use areas, fixtures should be covered so that no light source is directly visible from areas outside of the building site. H. Landscaoe Materials. 1. Lawns; The landscape concept should take advantage of the ranch fields and irrigated meadows to create a foreground for residences in places of the traditional large, manicured lawn. 2. Plantings; Decorative, manicured or garden plant materials should be planted within outdoor use areas adjacent to the house. Decorative landscape planting should be treated as extensions of the residential living space and should not be highly visible in the overall ranch scene. Limited manicured lawns can be provided in terraces that extend from the house and at the entrances to the homes. 3. Planting outside the Building Site; Larger planting that extendsbeyond the building site should be indigenous to the Buttermilk area. A list of recommended plant materials is given on the following page. 4. 9rivewav Cuts: All excavations and driveway cuts shall be revegetated. A recommended list of native grasses is given on the following page. 5. Existing Edges: Wherever possible, the landscape concept should make use of extensions of existing vegetation. 6. Recommended Plant List: DECIDUOUS TREES Acer ginnala - Amur Maple Acer glabrum - Rocky Mountain Maple Fraxinus pennsylvanica lanceolata - Green Ash Malus sp - Flowering Crabapple Prunus virginiana 'Shubert' - Shubert Choke Cherry Quercus gambelli - Gamble Oak 5orbus aucuparia - European Mountain Ash Sorbus scopulina - Mountain Ash EVERGREEN TREES Juniperus scopulorum - Rocky Mountain Juniper Picea pugens - Colorado spruce 3 `~~~ i'i +~~..l ~. ~:~, .r;~ iti !: . t '~. ~QU[l41 ,,`,,. . ~~ ~~ .~ '. ` .. ~fR ~~k~f S..~>~#iY tf .s l.3~~~i~-e.'Rt~!,1; ~I{~.~, . #330311 0?/14/91 14:50 Rec 5140.110 BK G39 PG 797 Silvia Davis, Pitkin C.nty C1 erk, Doc 5.00 Pinus contorts latifolia - Lodgepole pine D$CI DUOUS SHRUBSi i Acer ginnala - Amur Maple Acer glabrum - Rocky Mountain Maple Amelanchier alnifolia - Serviceberry Artemisia Cana -Silver Sagebrush I Artemisia tridentata - Big sage Caragana arborescens - Siberian peashrub Cercocarpus montanus - Mountain Mahogany Cornus stolonifera coloradensis - Redtwig Dogwood Cotoneaster acutifolia - Peking Cotoneaster ` Lonicera korolkowi 'Zabel' - Zabels Honeysuckle Potentilla fruticosa - Shrubby Cinquefoil Prunus melanocarpa - Choke Cherry quercus gambelli - Gamble Oak Ribes alpinus - Alpine Currant Ribes inerme - Gooseberry ,;.~ Rosa foetida bicolor - Aurtrian Copper Rose Rosa harrisonii - Harrison Yellow Rose "'.~~ Symphoricarpos albus - Snowberry ?~-; Symphoricarpos x hancock - Hancock Coradberry s fiVBRGRSSN SHRUBS -~ Juniperus chinensis 'Sea Green' - Pfitzeriana 'Glauca' - Heitzi Juniperus communis horizontalis - Rocky Mountain spreading Juniper i Pinus mugo mugus - Mugo Pine GROUND COVER and VINES 'i Asperula Odorata - Sweet Woodruff Arctostaphylos uva ursi - Kinnikinnick ' Fragarai ovalis - Wild Strawberry Mahonia repens - creeping Oregon crape ' Pachistima canbyi - Dwarf Mountain Lover Potentilla verna Hang - Creeping Potentilla Sedum - Stonecrop ! I. Bnerav conservation Te hni es. The following techniques { are suggested to encourage energy conservation. Homeowners and their architects are encouraged to retain a mechanical or energy conservation engineer to provide energy consumption calculations, as well as life cycle cost analysis for various energy conserving techniques and systems. 1. Siting considerations: a. Maximize the amount of below grade or earth sheltered habitable space: (1) to minimize infiltration; (2) to effectively add thermal mass by the use of exposed masonry on the exterior; and, (3) to minimize the temperature differential 4 m-C.-. ... J~ 1 ' i- <1 ` ~ I ;L!'.` ,l.' ~::' ~,,, I,,. .``1'. .. !?;; t >' : ~,. ,: ~r;~,,.:.f . ~...-:: ja: , .. . ;:.', i'~d':':,1 Y. ',' Y. F:~~ '':` ~ ` r J ~f ` ~~IJ~t42 ,~{ :t" 4 'i + ~ ~ r ~'~' i Q') S~il f~t~. ~+~.}~:~th( iiF~S~i I5Y1 j+~~rti~~ +. _,.:~.+1j1,n,ta9~'1.~~~b~~hfal `I~ki1.3:i,.~ i,~ ,.gr ~;;: t*'. / ~ { tt~ ~~i r ~li) 7'~ ~~ „ ~. r ~Spi t¢lY~ ~'1,Vnt ... ~~ ~` T~ u 1..;~ I \ ;;~l~.. ~ i~l~.SS. h 3;?0311 02/I4/ql 14:50 Rec 5140.00 NK 639 FG 798 . Silvia Davis, Fitkin Cnty Clerk, qoc 5.00 `, '-G': t ~~ t r~yi '. I •. ~,: l' ',y% ~. {~~'. -~i;.,,,.id rf: ~~~1 y)•: A~4 ~~ Ot~U'J~:3 temperatures belown grade in winters and glower temperatures in summer, b. Solar gain alternatives shall be analyzed on a site specific basis: (1) to consider earth shelter recommendations; (2) to consider thermal mass potential of the recommended sitingi and, (3) to consider the ability of the recommended thermal mass to accommodate easterly and westerly solar exposure. c. mo consider the ability of natural ventilation to accommodate summer solar gain from easterly and westerly exposure, 2. Infiltration: a. Use of double layers of insulation with staggered joints; b. Use of sill sealing materials; c, Use of sealing vapor barrier such as fully lapped polyethylene; d. Use of California State certified and labeled weatherstripping; and, accordingitootheastandardscsetkforthdineCalifornia AB 138. 3. Heatinc and Vent dating Ducts: a. Consider installing all ducts according to the insulation and sealing standards set forth in the Uniform Mechanical Code, Chapter 10; and, b, Consider the installation of dampers in all ventilating systems that exhaust and intake from the exterior. 4. Fireplaoe~~ld Woodburning Stoves: a. Install automatic flue dampers; and, b. Use of outside combustion air. 5. 7ieatino System: 5 ,.. ,) ~ .. .. „r a ~~., ,4x . , f -. '. -7. .. i +.•~. ,: ~?.I;. tr .. l .~~. ~'. i~ .+y: - ~. 4 ~ <<~,~: ~~t~; ,a; ? ~; . _' :t3 I ~~ `,. J j .?i~•! ~ ;G 1, `t] :%,: M~ ,~i.~; ~, ,~ ~s 1. )a~;~~~* ~'~~ ~1,Cry't })j,l j 4.t t ~y3~.,~ ~4~~~`,jf`~J!'~Eef ii4~~~~i~~ 4 ~ ~Q' 1!~ x~l~1t;. ~~~dii~'` ~lt~ ~~t ~~ t.':Ji SI~ 1,7..1i`.l ~tiJ 7: t£1: `VS~3..~. n{i~il~?\.w~ .1.i4 ?tti4.4~~LM: ~. .:Ci~l_V.~l~'!I_ftt~ivt? •.i'~t t'1j l,r :t ;; ~N3i0311 P2/I4/91 14:50 Rec 3140. ctp Bk 639 FG 7qq Silvia Davis, Fitkin Cnty Clerk, Doc 3,00 a. All systems to be analyzed for their life cycle costs; b, Use of set back thermostats; and, c. Use of heat pumps, 6. Domestic Hot Water: a. Super insulated water heater; b, Use of insulated wrap on all hot water pipes; and, c. Hot tubs and pools to be heated by solar energy. 7. Dranes• a. Use of insulated drapes or movable insulated panels over all windows and openings; and, b, Use of automatic closing devices on window insulation devices. 8. Windows: a. Vse of triple glazing or "Heated Mirror" glazing; and, b. Use of thermal break in all metal window frames. 6 ~z-° ~ ,~ z .. (: 1: r. to 1 1R 'bJ:~~,r `: ,~, i ~ ~s ~:f: i I .. ice' .~: .. lyy~ }Y ;'; ~,"a: ~'+ tl,: ;:>.. t' °h'.x:~~ ~;.~~. l- . ,,; ,' .-.~~< < ~~ ~,.{ ~; 5 t 1. . •- i` y', ~ ~`yz''~ .., , Sr~:Y1' ~o ,. ;:,- RESOLUTION OF FIRST AMENDMENT TO PROTECTIVE COVENANTS FOR EAGLE PINES SUBDIVISION This Amendment made this ZO~~~day of September, 1991 by James V. Redd, Robert Ritchie, Louis N. Scholnik, David S. Swan and Redd Mountain Holdings, inc., Thomas J. Aaly and Judith J. Daly and the Eagle Pines Homeowners' Association. W I T N E S S E T H WHEREAS, all of the parties hereto, other than the Eagle Pine Homeowners Association, ("the Association"), a Colorado not for profit corporation, are the owners of Lots 1 through 10, Eagle Pines Subdivision, and WHEREAS, the parties hereto other than the Association, are one hundred percent (100$) of the voting members of the Association, and WHEREAS, Lots 1 through 10, Eagle Pines Subdivision are at the present time burdened and benefitted by Protective Covenants recorded in Book 639 at Page 772, ~. sey. of the records of Pitkin County, Colorado, ("Protective Covenants"), and WHEREAS, pursuant to Paragraph 4 of Article XVII General Provision, the Protective Covenants may be amended by a vote of seventy-five percent (75$) of the members of the Association and the recordation of a resolution of amendment thereof in the records of Pitkin County, Colorado, and WHEREAS, the parties hereto, other than the Association, by their signatures hereon have waived all notice required under the laws of the State of Colorado and the Articles of Incorporation and the By-Laws of the Association. ROW, THEREFORE BE IT RESOLVED: A) Paragraph 3 of Article VI General Restrictions of the Protective Covenants is amended to read in its entirety as follows: 3. Horses and Other Animals. Only the Owners of Lot 2, 3, 7, and 8 shall be permitted to keep and stable horses on their Lot(s), on the following designated areas: (a) for Lot 2, on the lands north of the Building Site for Lot 2 as shown on the Plat; (b) for Lot 3, on the lands east of the Ski Company Road Easement as shown on the Plat; for Lot 7 and Lot 8, in the areas shown on the map attached hereto as Exhibit "A" and incorporated herein by this reference. There shall be no more than six (6) horses allowed on Lot 7 and no more than six (6) horses allowed on Lot 8 at any one 1 ~.- ~a . 1~~4'? , A~i i.,.: ;~ 'n .24 ~t~~~J45 #33b659 09/20/91 15:39 Rec $25.00 Bf: 657 PG 178 Silvia Davis, Pit4:in Cnty Clerk, Doc E.00 ) :: L ;~ 1f`~ i ~` ... ~. ft336659 09/20/91 15:39 Rec 525.00 BK 657 PG 179 Silvia Davis, Pitkin Cnty C1 er Y., Doc 8.00 time. The Board of Directors of the Association may adopt Rules and Regulations regarding keeping and stabling of horses on these Lots and these activities shall also be subject to the applicable regulations of Pitkin County. Furthermore, on those lots on which horses are allowed, no fencing other than four (4) strand wire ofnDirectorslof thelAssociationt Noe thertOwners oftany Lot shall 'I be allowed to keep horses on their Lot for longer than overnight. Except as is expressly permitted above, no other animals, except domestic household pets, shall be permitted to be kept on or visit any Lot, without the approval of the Board of Directors of the Association. B) Paragraph 4 of Article XVII General Prov sions of th Protective Covenan s is hereby amended to read in its entirety as follows: .~ Amendment of Covenants. Subject to Paragraph 5 below and subject to the fact that Paragraph 3 of Article Vi, General Restrictions may not be amended without tale consent of the then - Owners of Lot 7 and Lot 8, Eagle Pines Subdivision, these Covenants ~ may be amended by a vote of seventy-five percent (75$) of the votes entitled to be cast by the members of the Association, said vote to be cast at a meeting of the members duly held, provided a properly certified copy of the resolution of amendment be placed on record in Pitkin County, Colorado, not more than six (6) months after said meeting. IN WITNE WHEREOF;N the undersigned have hereunto set their hands a se s his a0 day of Septemb 199 . A l~Hc .V/K ~ \1~ OA r s cl olni)c Co-owner i w Co-owner of and L1 s Eagle P~ e~ 5~bdivision l0isEl~les 3, es Subdivisiond "-- 5 cD t JL~q~^ Ro ert Ritchie, Co-owner of / ~:N '~~~ . Red Co owner of Lots 1, 2, 3, 4, 5, 8, 9, dnd 5 1, 2, 3, 4, 5, 8, 9, and 20, Eagle Pines Subdivision 10, Eagles Pines Subdivision ~~ -~~~~ ~ J dith J. I Co- r er of y~ yy Thomas J. Daly, Co-owner of dot 7, Ea~e Pines S bdivision Lot 7, Eagle Pines Subdivisio "" REDD M T IN D N , INC. BY: Ro ert Ri chie, Vice President 2 ,'r .1 ti A'iY?;Y 1 17 t ~ 4 ;~ 'r~ ~; '.., r. i) ~F;_ i s `i ' i', '.~~, "l,:. .r ~ul)f~~z~i ,F~f;:;; ~{c 1~ n^ t jx ~1 ~PI eAal~~4.T l ' is ~ ~: .~. ~ ~. 8336659 09/20/91 75:39 kec 825.00 Bf: 657 FG 180 Silvia Davis, Pi t{:in Cnty Clerk, Doc $.00 i .~ 1 it.is hereby certified that the foregoing Resolution was adopted by One Hundred Percent (100$) of the members of the Eagle Pines Homeowners Association on September 20, 1991. EAGLE PINE HOMEO SOCIATION By: Robert Ri chie, Vice President and Secretary STATE OF C Q,b (~cID ) P~rk ) ss. COUNTY OP 1 1~ ) The foregoing instrument was acknowledged before me this day of September, 1991 by Brooke A. Peterson as Attorney-in-Pact for Louis N. Scholnik, David S. Swan and James V. Redd, Co-owners of Lots 1, 2, 3, 4, 5, 8, 9, and 10, Eagle Pines Subdivision~,~j .~ v:'~11.~ \~a ~. Witness my hand and official seal. ~`, •,,r My Commission Expires: ~~S .f . ~t >p.~-o. ~ _;` j ~ ;: Notary Public '{ ~., ~h•:~ /J 1 1~,:•i STATE OF ~b IDf tot9) `~ +..'lr•~ . Q ) Ss. COUNTY OF f 7~~~) The foregoing instrument was acknowledged before me this day of September, 1991 by Robert Ritchie, Co-owner of Lots 1, 2, 3, 4, 5, 8, 9, and 10, Eagle Pines Subdivision. Witness my hand and official seal. `~/) My Commission Expires: 9 /99S___~1LS~ ~~~ Notary Publac~ ,,~» ~ n ! X117 >` ; .~ .ro f: . ', +~'tn~~~V1U i; 3 •_`,1 .. ~t~V~~' °DC~'J47 ~ V,,._. ,yd ~'; i.~'` Ci ?~'~~ f z ~d>~.~'~, hki ,~ 31 3r`.~ .G7 : } .,:: i #336659 09/20/91 15:39 Rec 525.00 BY. 657 PG 181 Silvia Davis, Pi thin Cnty C1 er 1;, Doc 5.40 STATE OF C~o(o.a`c>o ) ) 1 ss. COUNTY OF ~ 7 k:ti' ) The foregoing instrument was acknowledged before me this day of September, 1991 by Thomas J. Daly, Co-owner of Lot 7, Eagle Pines Subdivision. witness my hand and off' i 1 seal. My Commission Expires: % qs No y Public-- -~~`~11(j~,:."r=_ ~ w~c ~ . /I ~ its d10 I I STATE OF l0'0 ~ccl~ ) -1/1IG A ) 55. COUNTY OF~'r~C:1ai ) The foregoing instrument was acknowledged before me this o~0 day of September, 1991 by Judith J. Daly, Co-owner of Lot 7, Eagle Pines Subdivision. - Witness my hand and of 'pla seal. My Commission Expires:~~~~A STATE OF ~~ (0 ~4GCa) ) SS. COUNTY OF p~,El~- ) The foregoing instrument was acknowledged before me thisa~ day of September, 1991 by Robert Ritchie, individually, as Vice President of Redd Mountain Holdings, Inc., and as Vice President and Secretary of Eagle Pines Homeowners Association, a not for profit corporation. Witness my hand and off c>. 1 seal. My Commission Expires.( ~~ / 9-5 4 :•ia 5 ~> ~oF? 1 9 F' 4 ~i `r ~, ~_`,. ~i. ~< ,. '; 1' ': ti r~. ~ ~ .: ti :, ~tli~~t:~ ~ ~ 1 ' , ~ L i~a , 'To o a h and Price list F'xk•b~lt .y P P ~" P Y- ,TO RE~ti,T[Y~. pF H2ST ' ; :1. ,q,4 EMOYIBN 'jO i cTPGTJC ~, ~ ii ,e• n• e [ [ Nn cOJE+14H13 y . .. ~. i~== `~[ao.a a ~~ [. ! e~~'\~ ~ /• 3Y~ /. ~~[•~~ ~- n..a ~'•,..`' LOT 2`~'.. ~•:1~\\\,;`~)'; ' / ~. ~ [ ( ~ ~:. 1~ ~. _. r [ C, Lot 7 - $1,400,000 (12.661 acres}' ~ --~[n ,~ Vi a 'i ~'~ Lot 4 - $L, 400, DDO (7.776 acres) .., ~_ \. ~ ~. _ - ~j Lot 5 - $1,600,000 {7.929 acres) ~`~. „. ~~ Lot B - $1,a00, oo0 (e.13x acres) _ ~1 Lot 7 -SOLD (5.304 acres) -~`~ -` (((7 \ Lot 6 - $1,600,000 (10.790 acres) Undet Contract ~ Lot 9 - $1,600,000 (3.977 acres)• Under Contract ~~.~ :vim.. Lot 10- 51,600,000 (<.66a actes)a Undez Contract .~~~~~ Pfister Headou sold for $1,900,000. • Ovners viii Consider a trade for Lats 5 or 6. f~ •• The portions of Lots 3 and 2 (approximately L acre) located across vast Buttermilk Aoad nay become 7 eaployee hone sites. Thay will be heavily bermed and visually screened from Hest Buttermilk Road. poASCt ACUafp EASIEST LOTS ZN T8E AREA TO 880R1 EAGLE PINES INYITEe CO%PAAZ60N TO ANY OTHLR PROPERTY IN ABPLN. ' Prices and ova ilaDility subject to change r•ithout notice. NS~K) FN p All information contained herein is deeaed reliable but is not quaranteed{)d'+t SE 57R~4,^' ~(flawsp Y_. r~~ PQQR CQPY #336659 04/20/91 15:39 RecCl eS kryDDa)c 8500 G 182 Silvia Davis, Pitkin Gnty ~t~?1 A i~ [}'~f 1:. }z: c. ~'1 , , 1; ,_ ),` '' ~ . ~L1(~~~~lJ , ~ q a ~, ll~)1. i Y: .LJ.', i:i.:~ r.. :r.. t~Z,r .r ji ~'~ ;. N ,. - I~ap. Topography'~nd Price list.. iTh~RE~~ryA, OF (IdST i r~~~, /IM Fh OM1EN TJ '1l~ re~noe q,,,n i'{~r'k." ` a 1 y coJ~ /. \ Ii' q, x,`31: i ~. M `I\~p ) `Y{~{y . ~ •. ~:.- ICd 11.1, M ,~\ ~ .1\•\~.\.., 's~YA MI~,j. / ~ •`•. `. is / .. ~ ., !.. / ~ . __ - =-`• ,~ LOT 2 ` ~ ( . \\, ~3 ) ',~ , . -•- .>t • _-- - --40 ~ wn_uumr \f 3 ~ LOT 3 r, ' /"~/ iii.'- .. ~-i i ' (y. iI"~ ~\. ~~~1 . i '~' '1 i - ' S ~. ~ •.- IJ \ \-• aer .~ ~ ~ ~y` ~ . ~-~'-<. LOT 1 ~' L _ ~ ~I ._ ~i~L ~~... iii LOT 10._ t ~ o 'rb~, 1 1. .. X ~ in.i~alwnn. C ~Z. ,. (i: ~'~t1 i ` ;,~. , w Pfiot~r xeadoM _ . ~/-fit ,SLOT 9; ~ /~:.. ~,-. ~ , ~.: ( ` ~-~ _ 111 y~ r _', ~, ____- . I ( pI~ I' ! l ~lilf~ .LOT 8~.' '',. .pn' •- LOT 4 ~~ y ' ~:~ Rr ~. 5 ~~: .. i I~.,. li '~'~ ,\ ( . x ~ '. i ~ F r~ 4 va~ :~... ~\ u/ I~' YAICE 9CHEDVLG ~ ~' Lot 1 - 51,200,000 (5.49 acres) _ _lnt 2 - 53,/00,000 (l.m acres) b -~ t ~~ Lot J - $1,{00,000 (12. a61 acres): -n»~ '~ •: Lot 4 - $3,00, 000 (7.770 acres) i .., ~_ -• r `' '~ - _ Lot 5 - 51,600,000 (7.929 acres) - ~~• %! Lot 6 - $1, BOO, 000 (8.172 acres) _~_ _,. ) Lot 7 -SOLO (5.70f acres) ~- Lot E - $1,600,000 (10.790 acres) VndeT Contract _ Lot 9 - 51,600,000 (3.937 acres)* Under Contract ' C` \-\~ Lot 10- $1r 600, 000 (4.668 acres)• Under Contract ,'. / P[ister Headov sold for $1,900,000. I Owners /will consider a trade for Lots 5 or 6. •. the portions of Lots 1 and 2 (approximately 1 acre) located across Nest Buttermilk Road nay become 7 employee Tome sites. They will be heavily berned ana visually screened [rom zest Euttermi lk Road. /~O~j[1 ACLdv ED ~. EAEIEET LOTS IN Tae AREA TO eH0A1 P.ACLe YINEE INVITEE CONYAAI90N TO ANY 0131ER PAOYEPTY IN ABPEN• yeeui AND Prices and availability subject to cRange without notice. All inCOrnation contained herein is deeaed reliable but is nat guaranteed ~(~ $~s~rl~tT . y ~/~ 1 PQQl~ COPY tF336659 U9/2U/91 15:39 F<ec X25. UU b); b57 PG 182 Silvia Davis, Pi tkin Cnty Clerk, Doc S.UU ;e' ,- JuUJ50 •.9 ~! December 10, 2009 Lot 5 Eagle Pines, LLC 413 Vine Street ' Aspen, C0 81611 1 o V,+hom ?t May Concern, I am the Pi~kin CountyPlamning Engineer and I am writing concerning the property owned by the Lot 5 Eagle Pines, LLC, located az 360 Eagle Pines Drive, Aspea, CO., pzrcel # 2735-101-01-005. It was recently brought to my attention that a second access has been built at this pmperry. Oa Monday, December 7i6, 2009 the existence of a permanent, second, drveway accessed from the driveway easement shared with Lot 6 Eagle Pines was confirmed. This letter serves zs a Notice of Violation of the Pitkin County Land i,Tse Code and Asset Management Plan due to the fact that the second access on this property d,d, not receive appropriate permit or approval f:am Pi`dcin County. The approved Access Permit, 0087.2007.paem, delineates one driveway accessed from the cul-de-sac at the end of Eagle'Pines Drive. The 2008 Pitkin Codnt-y Asset Management Plan; 5ec~on 1.39.13. states thzt "as a general policy, the County does not allow more than one access per uropeit}~'. Co:isequently, this Notice of Violation is issued. To cure ties Notice of Violation you have two options. Option one is to completely remove the access in question an3 retsn the affected area to its original state by Febreary 15, 2010. OR Option Two, complete the following permitting steps: 1) Stop all work oa the subject access way immediately. 2) Apply for a Pidcin County P-cress Permit, for potentizl approval; with Pitldn County Coznmuniry Development. This permit applicztioa shall be completed and submitted no later uz_n January gt°, 2010. Please be aware that potential permtapprovalwil7'include the requirement for approval from the Eagle Pines HO'A for variance of the,2008 Asset Ma!izgement Plan. It is youi responsibility to obtain that HOA approval. Please be aware that the Pitkin County Land Use Code allows citizens the ability to ,appeal a Notice of Violation. Lf you choose to do so; your written 2ppeal must be received by Pitkin County Community Development wi'41~ 10 a~orkh:g days of this No6c~'s date. Thank you for yom prompt attention to this sit'iatioa. If you have questions or concerns about this Notice I am availzble to assist you at 970-429-2790. Sincerely, / ~ ., ~'' ~~ ,~~ Catherine Betg Pitkin County Planning Engineer Cc: Carrington Brown, Pi`lcin County Code Enforcement john Ely, Firkin County AGOmey Q 30 5. Galena Suees,Third Fbor Aspon, Colorsdo 8161 I 970 920-5576 fax 920-5439 TTY .429-2700 w,w~.aspenpiddn.com \0 ~E~J51 n a, a..„..„,.... From: Elaine Santucci <elainejls@CORICast.neb _ Subject: Lot 5 application for a second driveway Date: February 7, 2010 5:27:52 PM MST To: Elaine Santucci <elainejls@cemcast.neb Cc: Elaine Santucci <elainejls@COmcast.neb Dear Carrie Anne Holcomb, 1 have been a resident of Eagle Pines for eleven years and an active member of the Home Owners Association Board. The covenants have always been abided by all of our residents. This is the first dme we have been repetttively challenged on an issue. Lot 5 is being built for resale and when the home is sold Mr. Whipple and Company will be gone but our home on lot 6 will still be there and we will suffer the consequences of the second driveway. The original plans for tot 5 indicated one driveway and these were approved by Eagle Pines Homeowners Association (EPHOA) and by Pikin County. A second driveway was poured and cemented in without previous knowledge, or consent, or approval by the EPHOA or Pitkin County. This second driveway interteres wfth lot 6 homeowners peaceful enjoyment of the driveway. tt presents hazardous ingress and egress to bt 6 as tt intersects the driveway on a blind curve. tt must be noted this is a driveway not a wide road. This also sign'rficantly devalues the property value for the home on lot 6. December 30th 2009 meetirg, the EPHOA Board of directors denied application for bt 5's second driveway. This was done after lengthly consideration and discussion with John Devine, Project Manager, representing lot 5, made their arguments known. I am requesting that Lot 5 's application for the second driveway be rejected by Pftkin County. Sincerely. Vincent Santucci Secretary Board of Directors Eagle Pines Homeowners Association 0400 Eagle Pines Drive 970 925 1280 Ot3jl~i52 U~ Z Page 1 of 1 Cari Anne Holcomb From: DFSTUART@aol.com Sent: Thursday, February 04, 2010 6:11 PM To: Cari Anne Holcomb Cc: vincentsantucci@comcast.net; DFSTUART@aol.com; matt@beachresource.com; mmc26@aol.com Subject: Eagle Pines lot 5 Attachments: LOS_2nd_Driveway_permit.pdf Dear Carrie Anne Holcomb, I refer to the attached application. Allowing this application to pass, directly violates the Eagle Pines HOA CC&Rs. This must first be passed at the HOA level before the County of Pitkin should be allowed to approve it. I am sure that the County has no desire to get involved in a possible HOA suit. This permit application is a tactic that Lot 5, of the Eagle Pines subdivision, is using to go around our CC&Rs. I am opposed to failing to adhere to our current CC&Rs. This driveway imposes a safety issue for the neighboring home also this additional driveway devalues the adjacent property. We as a group at Eagle Pines have all adhered to the CC&Rs, Why should this owner not have to comply? Sincerely, Doug Stuart 277 Eagle Park Drive 970-925-1989 Douglas Stuart Wapiti Lodge P.O. Box 550 Woody Creek Colorado 81656 USA OOi~053 zn~izojo C}TTEN.IC}HNSON ROBINSON NEFF+RAGOiVETTIx February 12, 2010 VIA HAND DELIVERY Cindy Houben Pitkin County Community Development 130 South Galena Street Aspen, CO Sltil l J. BART JOHNSON 8T6 566 6638 BART4jOTTENJONNSON.COM Re: Lot 5, Eagle Pines Subdivision -Application for Minor Plat Amendment Dear Cindy: We represent Lot 5 EP, LLC, which submitted an application for a minor plat amendment that is currently under consideration by your office. I am writing to offer a brief response to a letter you recently received from the Eagle Pines Homeowners Association. Lot 5 EP, LLC is wmmitted to work with the Association to address and resolve the concerns it has raised with the new driveway spur that your department recently approved by issuing an Access Permit. My client recently sent a lengthy letter to the Association to this effect. We would be happy to provide you with a wpy upon your request, but we can understand if the County would prefer to stay out of a private wvenant matter. With respect to the Association's recem letter to you, we would like to offer two clarifications. First, the driveway easement that traverses Lot 5 to Lot 6 is expressly "non-exclusive," meaning it is intended for the joint use of Lot 5 and Lot 6. We did not want you to get the irr>pression that it is exclusively for the use of Lot 6. Second, as I understand your staff has already concluded, the proposed driveway spur does not fall within, much less violate, the County's Asset Management Plan because the supplemental driveway spur is located emirely within the boundaries of Lot 5 and does not create a second entrance onto any County owned or maintained roadway. Please contact me with any questions. 420 EAST MAIN STREET SUITE 210 ASPEN COLORADO 51611 P 970 544 4637 F 970644 4632 OTTENIOHNSON.COM DENVER ASPEN VAIL VALLEY STEAMBOAT SPRINGS Cindy Houben February 12, 2010 Page 2 Sincerely, J. Bart John: for the Firm 961116.1 IB9gOV OL 1210119 PM cc: Lot 5 EP, LLC (via email) John M. Ely, Esq. (via email) Catherine Berg (via email) Carr Anne Holcomb (via email) Lance Clazk (via email) Eagle Pines Homeowners Association (via email) ui;~JJ55 DecemL'er~10, 200S Lot 5 ~agla Pines, I LC 413 Vir_e Sh'eat Pspen, CO o 1611 To ~~'Ziom ?t Play C'OTiCBI-li , I zm the Piticin CountyPIan_ning En~ine;r and I am writing concerning the property owned by the Lot 5 Eagle Pines, LLC, located at 360 Eagle Fines Drive, Aspen, CO, parcel 4 2735-101-O1-005. It tiizs reoantiy brought to my zttentioa tbzt a second access has been btiit at this proper ~y. On h4onday, December 7~, 2009 the enistaace of a permanent, second, driveway accessed from the driveway easement shared with Lot 6 Eagle Pines was confirried. This letter serves as a Notice Gf Violation of the Pitkia Coul!t5~ Lana Use Code and Asset?vsnauenent Flan due to the fact ti2at the second access on this properly did not receive appropriate permit or epproval from Pitkia County. TI'ie approved Access Permit, Ou&7.2007.paem, delineates ene driveway accessed from the cur-de-sac at the end of Eagie~Pines Dwe. The 2008 Pitkia County Asset IvlahagementPran, section 1.39.13 sates That "as a general policy, the County does not allo-ti more than one access Fer property". Copsequentiy, this Notice of Violation is issued. To cure tail Notice of ti iolztion you have tH,~o opticrs. Option one is to completely remove the access in Question and r eprrn tae affected a-ea to its original stzte by FehrL~t~s~ I~, 20"s0. O Option Two, complete tre following permitting steps: 1) Stop zll work on the subject access way i~!Lnediateiy. 2) Apply for a Pitltin County fsccess Pernit, for potential approval, with Pit1:_in County Commu^,i~/ DeVeiopment. 1 his peiilrit a7pli:,atl0n Shall be CGr=lplct_°°d znd slibnllttcd n0 rat°" i1,~ x.. "~~ ~tSS ~`; ~ ~. YleaS° b2 a~vcr2 til'_i j..,tenti gl pZTnlti cppi 0'~'cl ~^'y11'Lr C1 uC'~ LCG regL;rement for approval iiom the Fzgle Piiies YG.4 fa variance of the 2003 Asset n4alsagement Plan. It is yom' responsibility to obtz;n leaf HOA approval. `1cC3e bB c. NGre tbli the Fltk!n COl_ 1 ~; T ,? T,jc rOC' aria --5 Ctl'G1.5 he abLiiy tG app`al a NO`.1Ce Gf ' i iolatron. If you choose to do so, yoL „n~ :r zpp _1 ~.LS L eceive ~ G~ ' itk ~ C~c-~ry Co-~m ity -. -el Y ilk r i''y 1~ 4JC 1 i 1° da-/S '° ~`' a 11C ~ G It i~4 ~nll _e. ~..'1 p,0'lp._ .,?L._~l ., ,., __ -C C n~i, _.~_iw.:,~.;u ~~... ul i. i.., l`L.,~_.,2 ~~~ ~ la~al ell Jle tO -5 Pt ~GL'at J~~u-~'~ ~~%~. r Ci?Sin CGli7i Ca C&rrn~coz pio~,,n, YiL:_n CG:;n+y Ccde rnfcrcar.;°nt OGUD5G~ T,11z1;,P 1„~.o~~ntyA~o:_zy -~ v Gale;a Str3e Ti rd 'loo A non, Col rdo 8i51 I Ol .~ 5~.5 fix 520-5~3a 'fTY ./t29 ?'7~0 .i^n ~ _ <:~.coin LYV ~; '~~~ e ~~ y! ri . 1~ . r° ,. ` ~~ ~.. 1 c~o13. a~te~a_ng2~ ACCESS DEVELOPMENT PERY)I7 APPLICATION 130 S Galena Sbeet • Aspen, CO ~ 81611 n 970.9205524 Fax 970-9245439 Permit# n ~'~~• ~~~7..~~~. ~ , www.aeeanoltk'n.com ~ ~ YAtA PERMR MUST BE KEPT ON SITE AT ALL TIMES PerrnR va1W fpr one yesr unless otherwhe apael6ed. 1. Addreu d pa0party to Db Occessao: O ~ ~'>" N n z. Leg.l deeerip6en dproperly to be accessed: LoT GrL~ ~i NE a 1~ Cou 3. Ormet(s)'sN CoMadlFnr Number. Matgng Address: ~.? ~..L.. 970 ~ ~ Iy27r 11.E $1 ~ eY< i 6 it 4. OwneYf Agerrt CoMactlFex r. Mellen Atld oil ~ y r r~ E q~b• ~"~"° o~L6 titi~l i ,i.~ . A P b i 5. Contactors Name: ConharFax Number: Mailing Address: OI,ONNA SS Z'x• c ~ Z G~EEu 6. Archaact or Engkteer on RecerG CaMadrFax Number. MaNarg Atldress: O ~ti ~ (Y 97o-a~ -006 'Ito Co 1~~1-. 7. Panel ID member d properly M ba ec~ssetl: Chedr htfp-JAiww.aspenpi&irf.tamldeplslSl or tgtl the PNkln County } ~ ~ Assessors Office al 974920.5160 for the parcel ID number. i Properly ako knovm aye: (Provide a detailed map showkrg Ne location et ksglbp Beale} B. Land use approval ntuffier(s}: S0. h there mde711rp a~ss2 ~ . 11. For rscitlences, f~ the number end type d dwepMg units. dyJ~. D >JT A~ 'tlW~L1- 1 G- 12. For eonmertlal Dulklhq, Ist the numberlsq. R d buikling(s}. 13. Type dlrlatefiy ro lM exCAWlad or placed on properly. (-cYlCk+C~i"G ~.Y~fC4~0~-~ . 13a_ hlerergi wal trb broWM from: 13b. h the mated:) possibly wMaminated7 Yea Nom 13C, Etaavated materiel wNl ba taken to: 14. Desrriptlon d work: ( - Tdel avsge or agrure footage d disturbance: Max cut depth: Tole! able yards dmeterial moved: Max 119 depth: 15. WIN the projaot resat )n dkdrrbana d z 1 acre d WrrJ? Yes No t,5~ Kyou answered Yes', sularul a copy dyour state ConstruWat Stomrwater Pem,h or R-Factor waNer. Information on tltrs perm) h avertable rt hdpJlwsrw.cdphe.stab.co.usFagrPertnihUnitlsfomiwa<sr/eonstructbn.honL 18. h arty poAiorl of the project already rxxnplele7 If yae, give reason and date(s) d Ddor arwtruclion adivNy. 1 T. 9y® the project dahrthlr09N1 in removal of any vegetation? Yes No 97a. Nywr answered Yes'submN a revegsta0on plan, "eiduding s plant nst web sdernMte names d specisc, planting adredrae arrd method d IMgatlon. The County's tievegetatbn GuideBnas are avaaabla rt htlpJAvww.aspenptlkN.com7depts164/deptmdn.dm, 170. FWw wl you prowM iha establishment d noxious weedy er the project? 18. WIN tits pra)sU rtxWl in d'anrrbanca d any wetands or rtpanart areas? Yes No 18a. If you amwKred Yas', suhmt a deccriptbn d your revegehtionfmltigation plan, mrJtrdng a phM rat wkh sciantita name d sDedeR planNrq schedule end metigd d inipabon. Also submN a copy of your U.S. Army Corps d Engineers Sec 404 portnU h oomradbrt wNh srry drehrrbancs d ~teiedic5onal waters' d the U.S. Cotthd the U.S. Army Corps d Engineers in Grand Jrmction (970.243.1199) fot kdortnatlon on Sec. 404 permR raquYerrrenb. t9. WNI 9re pro)sd irrvdrs work h the PNkin County Right d Way? Yes No 19e. tf yw answered "Yes' a County Rlght d Way Work PennN must tx obteirrod priorto cormranrJng work Irtonnaeon On this parrM B avAllabk rt hap:tHlwvv.asDenpitldn.eomldept4241pennlts.ONn or by calving PuWicNbdcs et 970.92b5390. Access 2006xk ,f Ou`1+J20 eJi~~~~)57 °Z I ~ 1 2-22-07 ~`~~a 20.1A~ the project tllatu~rtvoNa work In the 100-year flood plats? Yes No 20a. If you ereswered'Yes' a Cowdy Flomptan Devebpment Petrni must ba obtained prior to eommena[nq work. ]Monnation an fide penny is ewaebk at Mgrllwxw.aspenpl0:at.eom/tlepts/t 2Mratv_rrs.cfm ar try caalnp the Natural Rescouree Speoblhet & 974429- 2033. Havfeg atdudtr reed fie requirements, I (Applleanq Psreby agree to the teems and earxileons described vrllfekt. Thb form b a permit ordy when vaddabd by County Blatt. Work started wldtdut a panne wld be •ubJect to P[tkfn County enforcement action end charged double psrtnN few. 21. Signehere rd Appdca 21a. Data: 22. Sig re of Property gwns 2TA. Gate: FOR STAFF USE ONLY NOT WRITE BELOW THIS LIHE): 23. Addltlwtal Terms and Condakres of Perrret (chatlt all that aPPy1~ 11~ F~ At tlra time of issuance of ails permR yeu ere required to post S_ as financial severity to ensure suaessful aompkdon of our revegetadon plan, These moeeies atN beheld for two growing seasons Trom the date ofmmpletion of Me projeG and wA ony be released at that tine H a site visit by Pdkfn Courtly Lath Management confsms deal sta>basful revegatalkn has bean so.omplbhM. Appacard ie obfgated to contact Pitlcin Coeaay Land F4anaflamsrd (970-9245214) to erJeeduk the fequked txn-year sae visit The mortice wid be forfetted d sutnesstut revegektbn is not eortdrmed alter ten growing season, m aApPficanl fade to ' dmey schedWe do required sae visit r- eS~FC "t~ V aG1 i.ti.i" ~L. itCO l'ZL~'~G 1 tl'a S A Fugitive Vest ntroi Planaytproved by the FavlrorwY}eretal Heakh and Natural Resourxs DepadmeM fs required. Other: ' There is a 5540.00 permit flat fee due at submittal of pertntt application. TM }ogowing edditfarwl fsee msY be regtdred to be paid peior to tssuaeta of Ihb permit: County Engnwr Referral Fee: ~ Addtdonal Fht Fee for Applications InvaMrg Large Stsk~Undetgrounding of USaidea & Eartlunoving ProjWS:,~~ You vdtl also bs iwaimd by the Land Manager, Planning EnpNeer ant NaWral Resdurrx Specialist for any review and (clove up Inapeedon thee . exceednfl 2 hours K a robe of St 507ta. Date perm ,, tt ~ ~ Z `I ~ U~~ Pertnl Flat Fee (due al sutxnRtaq: tv Check t APPrka~ ~~ AddWdnsl Fees (due at Issuena): Chedt S i P d ' ~ ds): D r 0 D TOTAL FEE ( arted ssue : Date ~ t ~ I ~ (no ro un 23. Stall Commends: i~ i (~~$ l 1 '~ I O ~ r~ ~~a ~ c~ dYt ~ ~~ ~,o off- ~ ~~t, i 24. raved Dy my n ~P ~ 24a Dots: I ~ Ia B ~ n . Appmvad lry Palen County Manager: ~ ~ 25i Date: ZS. Plarmkg Engle 26a. Date:) ~ +O Aexess 2008x1s 2-22-07 a~~~c)58 Cari Anne Holcomb From: Cari Anne Holcomb Sent: Thursday, February 11, 2010 11:13 AM To: jpfloating@comcast. net Subject: FW: Sight Distance John had Catherine review the photos and sight plan you submitted today. These are her comments. If you had an engineer design the 2"tl driveway, you might want to have them put the information together which will be required before we can make an official determination. I will forward the HOA's comments once I receive them. Thank you Cari Anne Holcomb Planner 970.920.5092 From: Catherine Berg Sent: Thursday, February 11, 2010 11:03 AM To: Cari Anne Holcomb Subject: Sight Distance Cari Anne, Per Section 1.18 of the 2008 AMP they will need to show that the sight distance for the 2ntl driveway is in compliance with AASHTO's "A Policy on Geometric Design of Highways and Streets'. Chapter 3 in the referenced book outlines the requirements of sight distance design. 2008 AMP: htto://asoenoitkin.com/Departments/Public-Works/Engineering-Road-Bridge/Permits-Road-Standards/ Thanks, Catherine Berg Planning Engineer Pitkin County Community Development Cell: 970 379.8468 Phone: 970.429.2790 Cathenne.Be~g(o~cn.prtkin.co. us Oui~J59 Cari Anne Holcomb From: Cari Anne Holcomb Sent: Monday, February O8, 2010 3:01 PM To: j pfloating@comcase. net Subject: Additional Info needed for Land Use Application John I will need for you to submit additional information for the Lot 5 EP LLC land use application. I need for you to submit 'sight-distance' documentation (including photos) etc for the second access. There are concerns that the second access present hazardous ingress/egress as the driveway is located on a 'blind' curve and that it interferes with safe driving up and down the main road. If you have questions, could you please contact Catherine or myself about the information needed to clear up the concerns. Thank you Cari Anne Holcomb PITKIN COUNTY PRE-APPLICATION CONFERENCE SUMMARY PID#: 2735-101-01-005 LOCATION: 360 Eagle Pines Dr, Eagle Pines Subdivision, Lot 5 ZONE: AR-10 SIZE: 7.93 Acres OWNERS: Lot 5 EP LLC REPRESENTATIVE: John Devine PHONE 8 EMAIL: 970.343-9080 IpfloatinaCrDcomcast.vet DATE: January 5, 2010 PLANNER: Cari Anne Holcomb, 970.920.5092 Type of Application: Subdivision Exemption for a Minor Plat Amendment, Minor Amendment to a Development Permit Description of ProjecUDevelopment: -The Applicant seeks approval to amend the approved building envelope to include a second entrance and a landscape envelope for a newly constructed residence in a platted BOCC approved subdivision. Sec. 2-30-20(s1(5): Subdivision Exemption for Minor Plat Amendments; Sec. 2-20-150(b): Minor Amendment to a Development Permit; Sec. 7-20-20: Steep and Potentially Unstable Slopes; Sec. 7-20-130: Landscaping and Vegetation Protection Staff will refer the application to the following agencies: Eagle Pines HOA. Review by: Community Development Director Public Hearing: No. FEES: $1,521 (Make check payable to "Pitkin County Treasurer") • Planning Office flat fee: $1,496 (non-refundable; based on 6 total hours of staff time (3 hours for a Minor Plat Amendment and 3 hours for a Minor Amendment to a Development Permit), If staff review time exceeds 7.2 hours, the Applicant will be charged for additional time above 6 hours at a rate of $312/hour) o Web Technology Fee: $25 To apply, submit 1 CODV of the following information: ~ 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. 24° by 36° and 11" by 17" Subdivision Exemption Plan as designated in Section 2:1.13. 3. 24° x 36° and 11" by 17" Amended Activity Envelope and Site Plan as designated in Sections 2.1 and 2.1.12 of the Pitkin County Land Use Application Manual; ~4. 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; ~5. Copies of all resolutions, ordinances and approvals including any recorded drawings for the parcel; X16. Proof of ownership of subject property as designated in Section 1.3 of the Pitkin County Land Use Application Manual; ~'. Consent from all owners to process application and authorizing the representative; \ 8. Total fee for review of the application; ~9. Executed Pitkin County Community Development Agreement for Payment of Land Use Application Fees Agreement; ~' 10. A copy of this Pre-Application Conference Summary Sheet form. NOTES: - PLEASE SUBMIT YOUR APPLICATION UNBOUND AND AS AONE-SIDED DOCUMENT. THIS COPY SHOULD HAVE NO DOCUMENTS LARGER THAN 11"by 17"AND ONE SET OF 24' X 36" - THE PARCEL IDs SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED /N YOUR APPLICATION. - ALL MAPS SHALL BE FOLDED. - The Land Use Code is available on-line at http//www.asaenaitkin.com/deats/71/ - The Land Use Application manual is available on-line at - This pre-application conference summary is advisory in natun: and not binding on the County. The information provided in this summary is based on current zoning standards and staffs interpretations based upon representations of the applicant. Additional information maybe required upon a complete review of the application. ~~I~~Qz January 14, 2010 Ms. Cari Anne Holcomb Planner Community Development Department 130 South Galena St. Aspen, Colorado 81611 Dear Cari Anne Holcomb, Here is the summary letter you requested for a Minor Plat Amendment for 360 Eagle Pines Drive, Eagle Pines Subdivision, Lot 5, PID# 2735-O1-005. Previously Lot 5 has been granted approval for a CDU and an Access Developmental Permit, Permit # 0073.2009 PAEM as well as a Building Permit # 0116.2007 PRBK and Mechanical, Electrical and Plumbing Pernrits, copies of which aze included in this application packet. Lot 5 is requesting a Minor Plat Amendment to accommodate our driveway access and water feature . This request for a Minor Amendments meets all criteria as defined in Amendments to Development Applications and Permits 2-20-150 (b). It is: (1) It is consistept with actions taken during previous development approvals for the property; and (2) Dces not change the use of the proposed development between residential, commercial and tourist accommodation uses; and (3) Dces not change the basic charter of the approved use of land on which the activity occurs, including basic visual appearance and method of operation; and (4) Dces not constitute a new land development activity; and (5) Dces not increase off site impacts in the surrounding neighborhood; and (6) Dces not endanger the public health, safety or welfare; and (7) Dces not violate any Land Use Code standard; and (8) Dces not substantially increase the need for on-site parking or utilities, or effect affordable housing; and (9) Does not increase floor area QUr?!~~3 Section 2-30-20 (5) (b) The amendment does not affect the degree of compliance with the standards of the Land Use Code and the amendment is being made to a recorded plat that has been approved by Pitkin County. Steep and Potentially Unstable Slopes 7-20-20 (a) Not Applicable (b) Not Applicable (c) Not Applicable Landscaping and Vegetation Protection 7-20-130 Lot 5 will comply with the Pitkin County Landscape Guidelines and Guidelines contained in the Pitkin County Asset Management Plan. (a) Lot 5 will not use landscaping in ways that would compromise the rural character of the County. ro) (1) All landscaping installed shall be species plants naturally occurring on the site (2) Will conform with Wildlife Regulations (3) No berms will cause drainage or erosion problems (4) No Landscaping will be used to mark or enclose the boundary or privatize a public view plane (5) Landscaping will not be installed to interfere with visibility at intersections of driveways (6) Trees and plants will not be installed in Utility Easements (8) Plants shall be maintained continually (c) (1) Landscaping will be used to screen parking azeas (2) Indigenous species will be used in landscaping and shall not be installed in regulazly spaced lines or rows. Thank you for your consideration. ~inc~e~'elY, ~:1 ~"~ ~~ John Devin p~1~J04 `J Ottm. Johneca, Rnbiuacn Neff tPcRagonetti, P.C. Ada: BaR Johnson 420 E. Main Sheet. Suite 210 Aspen, CO 81611 Rn: Order Na46608:Owner's Title Polity Dear Sv, Madam. Stewut Titie is pleased m provide yon with Your pazrcr's Title Iactaaaro Policy. Please examine it wefully. Your original policy should he kept in a sa& place. with yvnr ocher teal estate documeNa. Should you find my disaepancy a have soy questions. pkue feel &a m call our Tito Depattmeot at (970) 925.3577, and infer m your Order Number tefaeoccd above. When you tnro ready m Bell ar re5uance, remember that it is your decision as m which title company m use. Yea can save up m 5094 ea your neA policy (if iaued withia five years of the dace of thin policy) by tmng Stewart Title agars. We maiatam a Ste oo this property iaclutling your Titla policy and we will be able m provide you with pcompl, et5eieat service should you have any other title ituiitrance naeda. Om staff ie committed to superior xrvim and customer mtisfection. Thank you for allowing us m be of service m you! Sincerely, Stewart Title of Colorado -Aspen Division 8nc 628 East Hopldaa Arasuq Aspen, CO 81611- Plwne (976) 92&3577 -Fan (9TH 92S13ga raeN~: Mbar S~awITllkerCOlanlo ~ • ~n D'nieun OwMrYCm'e lmv hp1M1 DO~dlt' ALTA Orvns's Polity (6.17-66) ]POLICY~~ INS ED BY title guaranty company Arty notim of claim and arty other rtotia or starcmrn[ in writing required b be given the Cotryany under this Polity must be givrn b the Corrymy u the address sMwn in Semon 18 of the Conditions. COVERED RISKS SUBiP.CT TO THE E%CLUSK)NS FROM COVERAGE, THE EXCEPTRNIS FROM COVERAGE CONTAINED Dl SCHEDULE B AND THE CONDInON3, STEWART TR1-E GUARANTY COMPANY, a Taxes cmpontiwt. (the "Ctrrrrpny") msurea, u of Dar. of Pocky aced, b the atrnt sbkd is Covered Risb 9 ud 16, afla Desk of Policy. apinu ku or damage, not exceeding the Arrotstt of brsur~trce, auarined or inauted by lbe irbared be raarn oC 1. Titk being vested other tlun u arced in Schedule A 2. Any defect in er lien or rncm~rana on the Titlc This CovaedRisk include but is not bmircd b inwrnrce apinst Ion ban (a) A detect in the Tiitk auaed by (i) foryery, fraud. endue inRuena. dunces. inworpetrncy. irmapariry, or intpaaonatlon: (5) Mare of try pawn ~ Emily m have wt6aiaed,• transferor eanvrywee: (iN)• a doemgent af!'aethtg Title na properly crated. seated, witneaaed, aeakd, acknowledged nouriaed, or delivered: (w) false b perfrxm tbore acts necaury m crab a docunxm by ekcbonfe rtteam wthoriad by lew (v) a doeurtmnl exeated under • tabified, expired, a otlmrvriae invalid poser of atbrnry (vi) a document nol properly filed, recorded, a indexed ht Ne Public Rereads includmg failtne m permrm tltoee ace by aleetmrde irreans autlmrized by law; or (v5) a defective judicial or administrative proeeedmg. N) The lien of real earrc nxa or amamenb impoxd a th Tide M a govanmentel wtlmriry due or payabl6 but urryaid. (c) Any encrwchment, eneumbrrma. violetiar, variation, a adverse circtrrrwrme affecting the Title that could be disckred by an aeetuarc and emplae lead survry of the Land. The tam "rncrwetmrmrt" (nciudea enaoacbmm~b of existing irnpmvemenb Jocamd on dm IJnd often adjobdng lard, and eneroachrrmab omo the Isnd of existing irtgtoven+enb mcabd on adjokring lend. 3. Unmrkebbb Title 4. No rigk of aeasa m and from the tJrd. ' S. The violation or enforoarrurt of any 4w, ordfrrenc0. permit. or govenrmenbl m,><trbtion (including tlroce rslating m building and zoning) ratrieting, reguktlng, prolubitlng, a ndating b (a) tlm orcupmtry, use, or enjoyment of the I~rd: (b) the chmaeta, dfmatsiom, or ktcatian of arty irrpovement aeeted ao the Wtd; (c) tlm wbdiviakn offend; or (d) envkomrprbl peoleetian if a notla:, deseelbktg any part of the Land, is recorded in the Public Recede seMng faith the violetion or intention m enfonx, but only b tlm extent of tfie violetion er enforemmnt mfeaed m in the[ notice d. M enforeemem actlon based on the aeteiee of a governnmbl pogce power net rnvered by Covered Risk S iC a notice of the rntortxxretrl ¢tlon, detxnbing any put of the Land, is recorded in the Publle RecorM, butonly b the stet of the enforcement referred b in tlmt notice. 7. The exaeire of tM rigbb of eminent domain if ^ rtotix of the exercise, describing any part of the land, is recorded in the Public RecoNs. 6. My taking by a g9ventmrntd body flat hu oceurtcd andu binding en the right ota pumNaer far vabe without Knowledge. Countersigned: ~~ a~~ ` t ~• /Itt., . - ~19t"f 1 ~r ~~Br'y s.exu en.um.n err tte.ra . Comtagiemttute ~ - ~V~~~ . F ~wli ~~'~` ~ Cnexnrrr m tM tlo.ra Stewsrt Title of Cokxado Inc. - Asprn Division 'a ~-; 620 Eau Hapkim Avenue Aspe0. Colorrlo 51611 Pnalaent Agem ID: 06011A Phone No.: (970) 925-3571 r'a't °r Serial Pb.:: 0.9301-312579 s :ter,. ALTA OWNER'S POLICY 6.17-06 Ifya race mtare•daa atom mrmwaramd aaiaraeee mrsdm cmoplmle. plum eo emm06ee m.n6a: 1-eoo-ns-1902. tfyw vakea chuo mdarwpoGcy. w•~t daeW trim aodeeoaeemdmrs whh gee4aa2 otdr Coadtexa Yuitaw word•Wide web mknrts9w ~~~~~ mmd'y (A beedmeN,e lNl b lapel ds K b abrrr r a Prrm fe xlr e b )ImOm elmeed+e. 10. dq dAe i e Ilr a moiaYr an k ifY a M sees idoded i CreA lComl tluoypf btti brr aabd~ ~e e4id~bra irsdtl la ~ Ntlb Beers eeteoeps oradb{ of Iie deM a are ieelrra d eretr b 6 Pdis Reaer re xre TMrrdrv i~obdda A. mwrdrdeieee Te(;eepryAalr pgtls euKoeela9'd b4 de~ prebel itle of rry srer blra6 aWee.b ~ galley, bs aah fkrditieea• IX~LUSION6 PR06f OUYEBAGI 'M felkeii merry n upm.4ade1W daetbeeaeeale efddeplie>f. d d. Camfrq ei0 m f4 N e dmV. tW. nlaraeX (ee4e mpPes mr rig bI bm a! 1. (a M ie, a+ir, feaek e ~ e~ fedm~r bes oalan<M boiiirdasiadl oeerblia.lapdeip. PehMii rlderiadb h mP~e/• m, a e1aY~am ofbtlaa4 (iq raaYrv, Waeir.ebdmafry ipe.resrmedr - de Iak {M eeaYeerslipeaelee 7Mi 6olrw IW dor mm wdi6 ar ~' rb asrmnp v~~d dr G~.eed YiLi mfiaVrilW doe m.emrye ~ I~t~'~'r.a'~awcw.waart 2 2 Ilgls Kmbor dneai. 7W Eadeir der m raadd a Ib(t tle aymarpeaaiddsdr Celbd~ir 7a4 A oersa,re,rembre.. edrewodYer,e errsra (y eaaer4 edlyd,arer4eeerdb lpre 6umad CbienaC DLiO'OlfOfl IN 7'OlaO 'fY fdielq rs eLea mdb dbeali)ms (~) ~aead w herd br dense r di Phi. ~~~ b 8ri.lPolebsrdb)rmies lOdll afrs CeadMia - q~ -orernlla^:n.srd.m++.•ooerea(a^isnrd~. A Ial '~+o^l daerdi PieriR wt rrN libNry raprL ralb oe'il rplaV. _ (A rsLmed'elr bride A (A) rnremeb MTr afrobved ylpera Nbc s Lse PNx ivbdid heeti brq eeNmS wed repeertirr, arad o(YIC (BI be®n r m hid b d~dWSi, male. meotldeloq red6rba. ererdrisie _ 1Ll amwrnbriuaad lp iarecrbr baste bM drNp; (fJ) • P~ of r Ies1 male • ded olelieed aidior ygmrlafrfid valrlbmeideoMM waaaYiifr Tb (I) d ra md. drv, rmbeLp. > aYe nab item of lb Imma m aialraaed b dr amtl bva4 pl Kd~ia~reoa YNbadepyprd~a dl(red edi9• d ele rwd. i~aL Pwirel b a®ire! filb d h ned-irN m bet nbaly`ernd b! M rr Oefa afBmlQe pl d de pmt 6 a eur a ber11N7 of • can mard bt • eeir lermare seWOd hYde femd and i &Ybb A br eelee plbairp peierra• (q rrJtladYrreeraevrw meaoaaa~ ~ emYryat eurrf~eirn'Ibiu~C'L~irN~tfdl7kem W rriNq i W r dosp N wW m lex bm aariM t b. ieuM f]eieer !ed feid xlr 6r Y Tli4 Aryri4 b/ ms ofh AN` ofYd bdrapef. eor ems. s eWlr eedNeoY ddr bA de is o0ela wotlnd dr lib r rase i SaWds A,i (b arorldmilgrsettrr4dbsfre PI apeirebl erebr fr ry mrarrdiOeewd Rit9efr'e ~• rW m m lhs TYIe for rd ae~ rm er mbr bimd b' prmerl wrAeW' d anent a errid 6eaaee One efhlb d re drdrmdarafeLdwdeaM ieb~rtdbberitlr f Wig RaaB Nam TYk uabvni9obdYaA l9 L d N/ eenb{ bwrr. d ererre Y d CaePelY rraY W ~riev~'. Od 'l~brVM~ • eielM dwl d uort. ear[ dwd w oMr wdg' irmm idadbt o. nid b alrede mem eYmv1 babe. ___ ~ M~ ~prper of rpnYe/ maramx mlbs of eYn rtYb[ r b PePW r Pardrsa dr xbe d adrae LoraelrlF W W rrpel r Ceraad elr Sl4 'Mar Paemr' eha0 i ioeYla aavbmedd Peraa(N Nod rdsrwr d de alskafdb OuW ter Tiede tSW drradiris oohw de land i beret (,) Tieb^. Iberia arilrrNreied iBrdar oL (y 'Ume4WiTW.•:1WaMdbfs YiWOdesoem srs drt rW Oemll • PaiaeiR Oredeer s Ima of b• 71r1s r Irdr r ra TYb M b relemd fas rs abtlpian b VeOaee• r.e M kV Prsa b a rvarel aeedidr Wprbrl M,delbq dserFSWobb ®I~O~• ALTA OWN~'S PONY (NI7l~i Name and Addten odTltle lnfmntte Compaq: Olds Nwober 46603 Dstc of Pdicy: November 19.2007 u 12:/6 Pb1 Amomt of loautaeee: 56,750,000.00 •Addtm Pefrten9c 360 Bagk Ptoea Ch. Atpee. Colendo 61611 - 1. Namead'hamced: LOT S BP. LLC 2. Tht eatam a mtmntm ffie hmd.whieh is eoeombued by the timed mottgaga a: FEBCBAS@vffiN'f 3. Title m the uum ar mtuau m the lard 4 vetted is LO7 5 EP, LLC. A COLORADO LASf1ED LIABR.ITY COMPANY s®,heot~.. Po1;ty rro. Polity Numbs: 0-9301-3RS79 Pteommu 57.169.00 4. The Lmd rtCeaod m iu this polic7 is r COBowe: FEE: I.of 5 1990 io PW Book 24 u Page 93 m Reeeptiaa RA('1.6 PBYBS gOBDSVL%ON, sccatdiog td)e Ph1 PoowC:soAed 9eplembeP 2, No. 326461. P.A.9~ffi4T: TogeOu wim an auemeu ~ i~ ~egtets u ~ fmW m hnotonent recorded Sepmmba 14, 1990 io Boak 629 at Page 594. COUNTY OF prl'K1N, STATE OF COLORADO •FOA ~MPANY RBFHtENCB PI/RPOSS ONLY, NOT Alt mS1/801G PROVISION ALTA O~~ Pdlry- Stele A PW1af1 SC®ULE A Stewart Title t3usaoty C®P°Y P.O. Bac2029 Housb0, ieau77252-2029 Lw. '... _• v .~ AL7A OR'N6a5 ltN.ICY (in7/aq SCHEDULE B PARTI E:cepdooe Rro® Covera`e Order Namber. 4fifi08 Podry Namber: 0.9301-372579 TY6 podey tloa sat iasarc agtahast loo or damage (ate tie Compuy wdl for pay cosh, atWnry's feo or e:peasm) wieieh aritx by rnsoa of: 1. Righb or chime of pectin m pmamsioe, not shown by tlu public reoords. 2. Easements, a claims of eaeeetma. not aboam by the public records. 3. ~, en¢wr;ImreaF eocumbeaace, violation, venation, a adverse eacunulanx affeetmg the title slur would be disclosed by ®acaaare sad complete land aorveY o[ the Land and not shown by the public records. 4. Any lien, ar right W • lien. far services, hbe ar mateiel hemtofee a hereafter funuslad, imposed by hw end not sbowo by me public raards. 5. Ucrpatmted crenntg shim, cecerntion a exception ie peients, ~ is acts aufhorizut; Ote isaunce thereof. fi_ Wahr ngba. claim a title m vvstee 7. Any m dl etpaid tam end aesmtsnenb sad arq unredeemed tax sales. 8. 'Ihe effect of iacl»eiom is say 8~ or spaifio water coaeavancY, Ere prolxtion, soil wrtaervetioa a Omer district or inchuion in uY weer sours or saes improvement area. 9. Right of wq far ditehu a eaeals eannnuhed by ~ sonority of the United States, and right of the proprietor oCa vein a loch to extract and rmtova his ee thereflnrn, should the same be found m penstrste a iofatsect me preudam hereby grwhd, u mearved is United Shtm Paten recorded August 26,1911 in Book 55 et Page 189 m Reapaan No. 74536. 10. Right o[wry far diWKa or caoala amukueted by the authoeity of the United Stetm, m reserved m Uaitsd Stales Patraa recorded Jaaoary 3, 1921 h Hook 55 et Page 563 a Reeeptin No. 51043, and Receded December 22, 1928 m Book 162 at Page 142 u Raepfioe No. 84732. l 1. Baeemeffi for toed ptaposea gnntod to Acdm O. PBater a!k/a Art Pfister sad O in Book 246 at Momthia Skfiag CeP~hoa io IXed of P.samrnt tecarded Fehuery Page 740 m ResepGao No. 139296. l2. Eeaemeot Ear opaatiao, msiurme'ae>nd'°n°"al of coaommicadao aydeara togethe vvith the non of iegresa end egcvc u granted to Mououbc Staten 7elephaoe and Tekgreph Compeay from Acdm O. Pfister N Rigbt oC Way Agreement recorded Au~el 6, 1976 in Book 228 u Page 253 m Reapuoo No.128093. A1.TA Ourfilblkr 9caedNe &I Aar l er 7 ~,.... L ,. Q®I)QQ~ wtrA ovvnsaB ra.rcv (aflTlea) 13. Eaaaoenv and righn of wry srd obligatlmu io camrecdw wig ovinlenance and use m set forth in imhtmed rwmded January 6,1975 in Book 295 st Page 306 n Reception No. 172407A 14. Resolution of the Hood of Covrty Cotomiaiveasof Pitki¢ Cotmty, Colorado Approving the Aspen Butterve'Hr AsaoLVta PUD l3arael, Detarl sod Final Suborisaion m set forth in inaklaxr4 reeerded October 10,1969 iu Hook 604 a Page 513 n Reaptiw No. 315987 and m- receded febrtuuy 12, 1990 in Hook 613 a Page 692 n Rereptive No. 319927. 15. Tame, cveditlvee, obligat;ws std proviaivu of Reaohdlve of the Goad of County Commiaoooas of Pifl®Cormty, Coleado Arnatdmg Reaobuion 89.87 Approving the Aepm Hutvrmt7k Aaaociatm PpD Geraanl, Deviled sari Final Slt~aicn. Hmpkryee Dwelling Unit Requml and 1041 Hamd Review a aetiorlh m iaektmtmt recorded Iuly 18, 1990 in Book 625 a Page 22 as Reoepeon No. 324438. 16. Decd of Eeaemmn repaded September 14,1990 in Boric 629 a Page 562 u Receptive No. 326244, rccarded Sepmoba 14,1990 in Book 629 a Page 544 n Reecptim No. 326245 a~ recorded Sepmnber 14, 1990 iu Boak 629 a Page 604 u Reoeptim No. 326246. 17. Tama, condiCona. obligadvee and provimvee of Reaohdive of the Pitkin Cotmty Phrmthrg+ad Zming Coromisslve Ormtmg Approval of the Aapm Buuami8c Amoeiam huatbetaatiel Pint Atnadmeat ®d 1041. Envkaomenvl Bated Review' a rel forth in iDatrvetent raeded SepOWaber 21, 1990 in Book 630 a Page 48 n Rceptron N0. 326455. 18. Tams, oonditiws, obligatiwaand provisions of Aepm BuOermiOc Aaeaeiana Subdivision Itnptovcatcat Agrtxmenl a sel feth io irutnmxot recorded September 21,1990 m Hook 630 a Page 76 n Recgrlion No. 326457. 19. Tame, ewdidve0. abligatiooe, provisiaas and euemeon of Nordic Trail Eaaematt Agreement u eet feth in ioamuritnt reCOlded 9epternber 21,1990 N BOOK 630 a Page 91 as Reception ND. 326458, and m-eeoarded Septembc 2$ 1990 in Hack 630 a Pam 263 m Receptive No, 326427. 20. 'l'ama, cwditiona, obllltadves. provisions and easemeav of Gnat of Easma:nt Agtxnolt u sa forth is insomoeotrecarded September 21,1990 m Hook G!0 a Page 101 m Receptive No. 326460. 21. Tama, cond~eoa, obligWona sari provlefau of proteotlve Covauats Eagle P3na 5dedivisiw n sa forth m inatnmrrnt recorded February 14,1991 in Hook 639 a Page 772 m Receptive No. 330311; and ResolatieD of Flea Amendrtlart v protective Coveoann for Bogle Pores Strbdividon teoaded September 20, 1991 ie Book 657 a Page 178 n Rexptlve No. 336659. 22. Tama, tamditiom, obligautau sari proviaimu of 7'rmeh AgRemalt m sd feth m 0{trlmlalt receded February 25, 1991 in Book 640 a Page 314 n Receptive No. 330513. 23. Tams, cwdiGOm, obligation, provmioas and earmenv of Hacemeat Agreement m set forth in ina4tmlmt tewrded July 2.1992 in Book 682 a Page 492 a Raeptive No. 346400. 24. Ememtcb and tigkta of way n shown a»d cvenmed in Plat of Eagle Pines Sabdiviaive recard~ September 2, 1990 in PLt Hods 24 a Page 93. ALTA Dart Polley Sclydule &1 Prae t err y Gr D®t~~#~ ALTA OP'NER•8 lOe.ICY IN17lea) 25. Terra, coomtiona, obligatiom5 proviaiou and eaaetrneate of Right of Way and Eaeemratt teoorded Febmery 27,1991 m Book 640 at Page 536 u Reception No. 330569. 26. Resolution of Hard of Couaty Cotmmasiaera, Approving The ButtamiB: Metropolima District Service Plm tecaded September 26, 2000 u Recepri®No. 447434. 27. httagwemmmdl Agreement hY std beaaean Pitkin CauMy and the Buttermilk Mtnopoliim Distnd recorded August 2, 2001 u Reception No.457157. 28. Letter 4orn Buttermilk Metropolitm Distrct recorded December 19, 2001 u Reception No. 462000. 29, Resolution of Baerd of county Coomiaeionas, Approval of the ButmnvOt Metropolitm Dianim 1041 Heard Revier cod Sik Sekaim far a Major DomeRk Water System recorded September 10, 2002 u RecepBon No. 472086, 30. Under~omd rigl# ofw+y eaxtoem to Holy Cross Energy recorded September ] 9, 2002 ere Reception No. 472475. 31. Ttmch, Condirik ~ VauH Agreement vriffi Holy Cron Bna'gY ~'ded September 19, 2002 u Reception No. 472476. 32. Holy Corse Emxgy Cmtraet for Electric 3e[vioe recorded September i9, 2002 u Reeeptiao No. 472477. 33. Order end Deem for Inclueia ofCertahm L.anda in ffie Basalt Water CmeervancY District corded Jury 2], 2003 u Rexptioa No. 465847. 34. Memmmdrmt of water AEomtmt Cantmot by Beaelt water Cmeervmcy District txotded September 3, 2003 u Rerxptioa No.487876. 35. Letter form Piddn Comty regatdmg Lot S, Fagk Puree, Aspen tecatded Febmary 28, 2005 u Receptlaa No. 507405. 36. Lmdeaping Banlder Wall Eacroac}ment and aU aut6ers dixkaa;d by the Survey by 9c6nmeac t3ordan, Mesya dated August 1 t, 2005 Jab No. 2005.466.001, u roferrod m in Wamnty Deed teeaaded September 27, 2005 u Reception No. 515297. 37. A Deed of Tmat dated Ocmher 18, 2007, aucueed by Lot 5 EP, LLG a Colorado limited liability compatry, m the Public Tnutee of Firkin Canty, to secure m indebtedoeaa of SI1,000,1100.00, in fivor oCFsat Cokado Natiaul Bank, recorded November l9, 2007 u Rxeplion No. 544144. 38. A Deed of Ttvst dated Norember 16, 2007, exrxuted by I.ot 5 EP, LLC ^ Colorado limited liability company, a Cokado lirmtad liabilil eompsay, to the Public Trurtte of Pitldn Cowry, to secure m iadebtedoeaa of 54,300.000.00, in fives of L. Kerry Vickar, recorded November 19, 2007 u Reception No. 544145. 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C9pCL W uwI roLdlrr W WcW d Lam Tlw Baal abrwNp r Cweerp b rdredm r eW apewd b tlrr ply r drber.a r Pe W r ehrpd rsaM1s b eallnv epr r b eRdei Ysae b wd ppp r epplbrr b r hevpmirq eidte. eeaedhr, m ormur d plrr d rYle boor dr)inedicice alma r LrbhwaL Taedq r vet v v uhlarr eSM appp r be fi r pbrdr nYee r LN r bmrd b dmeob r •rrtby d elairapbr7Yr rlredrerrrbrrbbrvw d.rrrae alts policy. bmYYre Ar ream rbrra iepb' b aatrb w ba ptlulPrr a derrr r w ~~ !bete Aq ihipbe raN puerrq booth M r hrnd yrr M Cspq ee M rW mly b a r n clew mrr wm~ r liexhd rrr d A®m i bmlms Mq rypepbivhllrb ' IL MOl1O9. yY1QrL Ll:elr AquAr dmhe W gerralherrretrtdrenairdb r pw b b (brat rtb Y Ally ml b /,r b r tbrl M CYir pry.r.rr ra aw ~, er.r,,nl nesa~. Pap / r Oili~U13 Ralph U. Whipple 413 Vine Street Aspen, Colorado 81611 January 7, 2010 Aspen/Pitkin Community Development 130 S. Galena Street 3rd FI. Aspen, Colorado 81611 To whom it may concern, Please let this letter serve as authorization to give John Devine project manager for Lot 5 permission to represent Ralph U. Whipple & Kerry Vickar owners of Lot 5 Eagle Pines with the application process associated with the amended plat approval for 360 Eagle Pines Drive, Aspen Colorado. Sincerely, ,~~~~` Ralph U. Whipple Managing Partner Lot 5 EPC, ILC. .. ~, PITKIN COUNTY PERMIT # 0116.2007.PRBK OWNER: CONTRACTOR: STREET ADDRESS: LOT 5 EAGLE PINES, LLC COLONNA CONSTRUCTION CORP. 360 W EAGLE PINES DR ASPEN CO 81611 USE CLASSIFICATION: USE ZONE: OCCUPANCY GROUP: OCCUPANT LOAD: DATE ISSUED: TYPE OF CONSTRUCTION: COMMENTS: SFR IRC VB THLS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN ONE YEAR, OR IF CONSTRUCTION OR WORK iS SUSPENDED OR ABANDONED FOR A PERIOD OF 180 DAYS AT ANY TIME AFTER WORK IS COMMENCED. THIS CARD MUST BE POSTED SO IT IS PLAINLY VISIBLE FROM THE STREET. FAILURE OF PERMITTEE TO CALL FOR INSPECTION AS PROVIDED BY ORDINANCES MAY RESULTUYPENALTY. INSPECTIONS REQUESTED BY7 AM {VILE BE DONE THAT DAY; REQUESTS AFTER 7 AM W/LL BE DONE THE.VEXT DAY. ALLOW THE WHOLE DAY FOR INSPECTION TO BE MADE. PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT (970) 920-5526 ~~ ;015 at •nuoa... ".........e MECHANICAL PERMIT APPLICATION ASPEN • PITKIN COI/,MUNITY DEVELOPMENT DEPARTA+!ENT PITKIN COUNTY ~ CITY OF ASPEN _. 130 S. Galena 970/92P-5526 970 / 920-5090 Q 1~-g, 2Q~8 . J /"l~-L Aspen, CO 81611 970 / 920-5532 Inspection Line 970 / 920-5448 Inscecticn Line ocoiAlT nln JOR ADDRESS 3bo l~ ~L r>~.a ~~t u-e_: ~• •••~~• ,.v. DWNER fnAII ADDRESS ZIP FHO;dE I I.tECHgMCgL CONTRAOIOR MAILADDFiESS - PHONE UCENSENO i B $73 .~t' . g70.87b - X00 - D 30OS~L ARCH17ECTOR ENGINEER MAIL ADDRESS ~ ~ S HC PHONE LICENSE NO. 09 - - VSEOre LDINO GENERAL CONTMCTOR ~S_J~~~y ~ "`-f Cpl 6U;iDIN0 ~3EtJ~li NO~ T f r~r~ / 7 rC.4Y~~ .^.LASS OF WORK: /+ NEW ~ ADDRION ^ ALTERATION ^ REPAIR I s there a restzuran; in this building? Yes ^ No'~ WIL! PFNEIRATON$gE MADE IN FIRE RESISTNE CONgTRVCTK)N'!: I YES ~ iY0 I If yes, a plan review is required. D=SCR19E WORK: L ~~ ~ env ~ ~" ~ .~J ~I ~ o ~ ~ ~ Type of Fuel: OiI ^ Natural Gas ~1 LPG ^ I l PERMfi FEES NO m - Type °f Equipment Faa ~ ~""' Parcae Air Sysiemg-Gravity Systems-d 7 U r~ 1 • V CJTpi ~, ~-p ~~ C . . . Wall, Suspentlatl or Unit Heatees i Dryer Vent ~ "t' Appltaape VeM 1 _.., .... - Htg., Refrig., Cooling, Absorption Unft c:: - ~ ~ ~. ~~ ~ - ~ ~ ~~ _ ' - ' ' i I Repair, Alteration or Atldi:ion to Fxisting System i SPEdAL CONDmONS: Bo9ers (Ftdudes vent) B.T.U. 50 COO _ ' j ` i.' `7~D_y x,~. ~ .Air Handling Unit- C.F.M. ' r 1 ! Ev oratiw ap Comers I Ventiiz:br, Far. APPLI ACCE?TED: i PLMIg CHECI<EO: APPROVED FOR ISSUANCE Range HODD i Gas "piping" °r I er I ~ Gas log .Appliance DiH , Di~pV Tj \ NOTICE THI$P r ian Rwiew S ~-l `-~ ERMRBECOMES NULLAIJOVO!DIFWORK OR CONSTRUCTIONAVIHOHILEC 1 IS ivOT DOMMENCED 1VITlIIN 1(a pAYS FRRUre Pee 5 , OR IF CONSTRUC1lON OR WORK 1$ SUSPENDED OR ABAPIDONED FOR A PERIOD OF 1 Permj} $ a0 DAYS AT MN TIME AFTER WORK IS COMMENCED ~ . SUBTOTAL S + THEREBY CERTIFYTHATI HAVE gEIDAND E%AAIHJEOTHI9 APPUCATgNANO KNOW TH= ~ CORRECr. ALLPRDVISIONS OFLANS NdDpRp1NANCE3 ~~ GM-c1 ~ i Jsa Tax $ ~~ H1 9 GOVEAN• W B.I" aE pOMRJEp Y~'RH wR ETHER SPEdFIED HER EI N OR ldOT. THE GRy.TadG OFA PERMR DOES NOf Pi~gUME T 7GTAL FEr $ OG Asmdogm ro VIOLATE Oa CANCEL eOMSl~fds OF ANY q STATE LOCAL UW gT REG ^ PAYMENT OF PITKIN COUNTY USE TAX MONTHLY ' UTATWG CON- RVOTO! R ¢ERFpMtA E CC TON. / OR OUARTEA _Y RETURNS V![LL BE $U6N,ITTED. ( ^ CEPp$n METH07. F$% OF ES% O% THE PERM ~i r ~- >~6 '~d/ SI' TURE OF CgYTRACTOR OR AUTIIORQEp AGEM ,R LABOR ANp IdA T ERIALS VALUATION PAID AT ISSJANCE. A F7NA1. REPORT ON TOTAL RITUAL 9E FILEp WRHIN 90 DAYR nc ci rye........ ......_.-__ COST MUST 1~~~ 3ott-W L ~hrCsBAc_C_ ', PRPIi NAME SIGNATURE DFO:'~nc.AyTpV•'NEq aU0.DER) Permit Validation .,,w wmrLtl qN GF V/ORK AldpiOq IS$UAKCE OF THE CERTIFICATE OF OCCUPAr1Cv VALUATION ^ EXEMPT; STATE L PRKIN COUM1nY Rc'SA1E NO. ~',EMPT ORGA\AZAT:pN AfdVOFlE WHO U$ES AN0/0.9 CONSUMES BU7LDHdG ltA-~~ IN PRKU7 COUNTY IS SUBJECT i p THE C.S% U$E TAx PROPER^r LtEY$ h1AY BE PL:CED 0'J THE OY/NST$ ANO/DR THE CONTRACTOR'S PROP-cP.TY Y/HEN'v$E TAY, I$ tY~T PAID. I~ATg 0.5% Use Tax Deposit Validation Plumbing/MeChanical Penult is be}ng issued on the condition that all items requestetl are on the approves or removal at the app6caM s expense. ALL PLUMBING AND MECHANICAL PERMITS ARE REQUIRED ?. \ ! I c L . _ 1 .:. rkigT~• z. . ._.. ..n~ ,...c .. ~r;L __-. ... _..a lh` SAS -... _..,. ...~-F' ~L D~'?~I6 ... PLUMB![VG PERMIT' ~4PPLICATION L ASPEN~PITKIN COMMUNITY DEVELOPMENT DEPARTMENT .aJ~:- ,~' PITKIN COUNTY ~ GTY Of ASPEIJ ] (~ (^~ ,I,~ 30 S. G21ena 970!920-5526 970;920-5D90 OOgO_ Z~~g. 1-P~~•I Aspen, CO 81611 970 1920-5532 Inspection Line 970 / 920-5448 Inspection Line PERMIT NO: fOB hDDRE33 ~ ~¢ O ~Q-Cd I'LL ~t ~tA.iJ d) Y t D`Q_. 01!'NSP MAIL ADDRESS ZIP FFONE , Q mA':L PHONE g NO. JSE OL 3UILDING n eJI:DiN3 a_Rk;T NC. - - ~) K 2 5-ccF.21~~-C~/ - a G~ 7 F~ ~ CAASS bF :YCRK: r NEW D ADDITION O ALTERATION D RFf'AiR U tho;'e a restaura:ri in :his building? `!e3 [t NbZQ TVDe OI FUeI: III ~ NdiUrdl Gd3 LPG O N^.LL ?ENErPAT}ONS 8E MnDE IN FIRE RE513TNE CONSTRI1C40N?; Yes O NO O ~_ -___ Ii yes, d plan re'Y;ey,• is required. ^ d Describe v.'Drk: 3PEOwL CONDITIOrdS: AP'LIGATION ACCEPTED: PLANS CHECKED: ~ ~ APPROVE" FOR ISSUANCE: t HI5 PERfA'1 9ECOMEa NULL Ndp YOID K tyORK OR CONSTRUCTION AViIdpR12ED I$ dA;T wMMENCED N'rY!!N fe0 DAYS, OR F CONSTAUCTIO:J OR WORK 13 SI13PBUD® OR AaANDONEDFORAPERIDD OF 1abpAY3ATANYTMEARER WORKISCOMMENCED.IFTNIS P91MR IB ISSUEDTOA PROPERTY VATHW TNEA3FENCON3pLI W.TED 3ANRATK1d 0147RICr THE I'ROPERfY CIYNEA IS RESPON319,E FOR ADDITIONAL SEX'9i USE FEES. f HEREBY CERTIFY THAT I NAVE READ AND EXAMedED THIS APPLIOATON AND KNO`N THE 3YIAFTh OCTTI~~e eun nr^ener.~ ... _ ._ _ A SGANIT V Re CF RYIIER pi O.N,Y19'_RLpE?I 9e~e YrKER~can'vGNr.+M wwP+a md'vnl n xa.-ten Iwranr rtl '.Won.-neiW Cruflv YVCNaRV11v1iivYiSe GYq~ nK4Tp:v<n. onlMaeseraea NC:m)'ar ':RY'nvGM MmvtiraR NyIHmCPyTltnq CY:*E.Illm tlp OC Vn tlerw7D4C GaF~Yvr rO:lu:ce P'ex'p4nN iiKenyIXl ler atledna'C.IVrbBrmW er ilr lNMeq GCncrrimGrRRWS' J; myyvyl GmMtnQ.mrMR4_ PvPMR'IvOp'PVC Of bOe ii LOMN NUNIpvYlr GipIY1vE NYryNIV YeLVKG11G WpYelm'JIY.iit Yver.CaXdM1ltm.nOVaneer '13?ibf Rn><Wy1.910aV11viVe b~11 1RYTRIRCA SO4mlCUCen1 rope Pm'i+iLTMCfl.I' FM:VtlI t:-S0~ cmv._T,e M1ePiMn:Yn'4M.M n~xGI~O~Y3 L'vYJt~/yryPiMN ICe~# xIMCh ~'^RPL~r~RdmY :duiR,N: NO. PERMIT FEES TYPE OF FIXTURE OR ITEM PE~ hVats C.'csat ;-aiet), Gibe: /~ aethf'b 2Z LByatpf)'M_/ash BaSinf ,~ Shower I Z Khan Sink L Oisp. ' 2. ~~ Oishy,azner i 2- 3 I Latntlry Bar, U6 :y Si-,rcs ClD;hez Washer t Flocr Sine FIDDr Drglr. Z. Water Heater tA/STL' et Gas System;: g Ou!lets ' l4'aler PiOing fl Treatng E p JIIIPt Z '' _S2 k~c~-DOY SQL 1A~1'~/ ' 1 I ~'9.tLA ~.(J Y ~00 I . ~i _I_~-0 ~ i ~! fyS ' t Phn Re"~ew SI I Future Fee 3 I -_ j PermB S t ' SUBTOTAL S~ Use lax S I 'OTAL DUE ~ SELECTION OF METHOD FOR PgyMENT OF USE TAX p h10NTH! V OR QUARTERLY RETGRfJS WILL BE SUatdITTED. O DEPOSIT METHOD: 'a pd t^/„ OF T HE P_RtdIT VALUATION PAID NON/ AT ISSUANCE. FID;h.L REPORT OiJ TOTAL ACTUAL IfATER1AL5 COST MUST 9E FILED'WITHttJ 90 DAYS AFTER CO;dPIETON OF WORK GE!JERAL CONTFWCTORS CHOOSING THIS METHOD 1AU37 REPORT AND REtl,R TAX FOR ,~ SUBCONTRA.CTORS THAT DO NOT OaTAI!u '.HHR pbVN PE'.Rh1R. 'iALUATION: O EXEMPT: STATC R PRKIN CODNN q'eSAI"e N0. EXEMPT ORGANIZgT10N __ Permit Validation '/z of COPIES: WHITE-FILE COPY YELLOIV-AppLICANT PINK-PILE Y ~.:. ' G ~L oouu~~ 12!18/20 970-9 GRIZZLY ELECTRIC III 01 ELECTRICAL. PERMIT APPLICATION 3 PritON ~ ~~ 770~VEL.OPrdBYi L1E~AgTMEd\IT GTf OF ASPEN ~. WO/ 970 / ~0-b592 uMPRCgon (Jna 9~o i i¢0~1~ AaD+n, CA atisr~ ` rroleQO-saa m.o.~r~ un. `.J C r ~Eag1e Pines 970-925-5054 le Construction ~•°• lectric Inc. P "'0"' OD1O~'~• 97 7 •earor• ooouwvxiv aiwpxr s ueo*weK ~awe+oN ~MIU ~'ootaAt 170 000 00 1 . USE ~ ~~ COMR~.RCU1L. • ,iES,Dp~fT,AL~ CtAS,S OF W1~1M( [~'rEgArl~ SEIMCE DESCp~ vyppK iN OETAU. PoR~oonpRa.wnwgxa wrwR+r.R ~+wwaa e , , +~ weRnn~a•aouxaw axount ire new reaidence to s ta~wd~iW~ p~rnR htRr~iRw~~d~s `M~Y!«f~ d•aYka wwa w. R~ Ww~tl Yapilya iW7rw• MwA MRRw. w• oodlbn d aaaa4a ~wlinp-owrd M a R roapa wnR aRR w aaaROra Ynot nReO~Rr4 rod alxY PAOaV Y qt Mlia b aW a nia11R na b R 1ay1 a~'r>m.w a b W aoweRd M wMr tidrRa PM~si6 ner wtM t•y~ •aanbaw Pdtr• R it und~a6ad ar eMiFrb• #1w w M MRAneM Y • •a~bn a MR~~dan M~Mer paMb bgda W` wee w rahVr acaw s~aueniyam W a rnaroa~ rdar Artw a.a~oh xw.am wR Ra ywq• t> w,rmrn atR..ka,+rr oax~M aaq aarlRrR dam~pRxay WuRd w11i ro~0aa! wpApaoy a ORrorw dne!•S aaDRoaa: Odc Pay~Mxt d Pitliin County Uaa To• TM Garold teantraekr or ORnarBullda N ~epulnd to D%a Un Tax DeposR to PRkin ~~ ~aMInH 47 OOIIRi ew~ayt.s%Z«~m.aaa~DRanRduR.aaw.ne..Nwo-D.muWewu~a..R ~~ S Slbrj~` ro DamR chid e. ~o.vad sy a. d.ooaR wm~.m. $° "'"+~en. Dannaa an n,gx.ad a Day ew uaa rax DapaR a Pti1Mb coany I.5%) n Rma a vamR Nwanaa ~ My an na ewar.d under a Werolry Damn. aanrov~ n nswxiwu~ arta - SYnbAbiw UM Tea Paymad: DEPOSIT. nnarDam~r.axaao%apq•a.dn.d,,,. ~wRO~arM•e v~ ExEnPr • e^«mt o~mn.+e aunea: ~ . Iar al na~R d•r~ undraY Damn an paniRw aowD- M rapegYpiRty M oe~npRrs rah wrw w e ~~a a rRtlacada, waya~saxaa~wan..dr aaror m,eay,.dw,,. tiryardF , aaha•, aRib w.~-.iwwarMw.-aRAw~p~aa~rmRen a.u~aron+er.anena any rr aeuanrro aRraa M aarari RxU d•ade•1 M~gbn MW a oNMd ana a uNna aMeU+orMyae~bnmaeoroarw•dwNbgRwa der aan rt• ~ ~ ~ ~'L r7 p RroaaraMaY R wWW n LORI A JEWS wwnan '~~~N~n1oo ', a•wuroawNdir - ~aN(/Y~Y 1odA Jewwu OBOE ` ` RE Pr• 8 '~ 't : ~.~~ J ~~ ~ za~s canna rmro:rwl0 ( .. .. - ,: •• ~;,, :; - . Thfs Fam Pr(M This Form i~ GUu018 r CONSTRUCTION MANAGEMENT PLAN 130 S. Galena St. ~ Aspen, CO ~ 81611 Permit # mod:-~Aa~- 970.920.5526 Fax 970.920.5439 ~J -y ~' ~'Cj ~• 2 ~fi -f. ~Pj a a construcoon stagmg wr a con me to a bm mg enve ope. or ers are eneourege carpoo and from the'obsite. Vehicles CANNOT ba parked on County Roads or Rlght of Way. ss: GQ Eq ~ nt5 ~. xiption of properly: . - 1e ~' ~r dl t tort t~tkECl.v", ~z, ,~ me ~ macUFax NUGmber. L r~~ ~~" \~CS x..63` 5 u-(•• ~"~(y -i1-S~ C' C Mails Address: 2 A uthorrzed Agen ~ ontact/Fax Number. /~ ~ g ~~ Y, ,} ~ q ~ ~ ~ Mailing Address: t l -1337 Pte. « ~Z.3Z e~ C o s acne: ContacUFax Number: Mailing Address: ' o. l~,ve1 ne.~ r ~-~'~~- SoSU ~II'S V\v~e S-~ ~. (,a. F1~11 FEn sneer on Record: ContacVFax Num y1i'ev ~ 7Q'~i~s. 1CC Mailing Address: pia ~,~; ~. Gkc-vc~ gl~ol Number plicant to provde): 1 0 p' p±J 5 F Work to be Pe rtnetl: ~[ il e`~e~e, ~ ~.8 kiU ~sr. bO Residentlal ^ ~ ^ tuna o~r„~,r expected duration of constructs n activity(?~~~~ n pa fK.O N ~S 5 I ~' r"K~ ~ O IkOI~S~1~ ~ rJ ~./J be ra-used on site? e a delivery coordinator on site? e a delivery schedule? If'yes" please provide. ViK1.,<cfis PG'ti2 DNS d~t>n~ r~2D(02~5 5 areas ers, and any other ' ,__r. ~. cmergenry access route to the site. ovsie a map showing where will delivery trucks (including dump, Iona trucks) be staged pdor to degveryr -}y_ ~v IS r~M ON ry other rnfortnabon pertinent to parirrngton the sob sRe or construction CIS S I ('fz I S 7. ~TZS ,~-~~ -ff tha_, any a^tl traf~jinterference on Coumv rtn~.r~ 3N~u- p. +_.~~ FOR STAFF rroval comments: See- Sh.o~-4~ 51 • l o must be notified Eaeh dal 7b. Date: ~' ~~ o 3b. Phone: 31~' -`13 3 l~s ^ ~rt:s ^ No ^ No ^ NO ^ ra ^ No ^~ ^No _...... 20b. Date: SIZ~~G~ ~ cJ 1111Illlltl '~ Ft` 1 nJ 003 °~A ACCESS DEVELOPMENT PERMIT APPLICATION ~ 130 S Galena Street. ~ Aspen, CO ~ 81611 ^^ 970.920-5524 Fax 970-920.5439 Permit # l/ ®'~ . " ~C:+9f ,~?G ~'~, www.asoenottkin.com VALID PERMIT MUST BE KEPT ON SITE AT ALL TIMES Permit valid for one year unless otherwise specified. 1. Address of property to be accessed: O e~ `~1^ N (~ 2. Legal description of property to be accessed: DoT (>-LE ~1 NE. p f~ C(7U 3. Ownar(s)'s Name: ContacUFax Number. Mailing Address: ~n ~ ~ 1...L. 970 q~t ~l~j2Z. ~I V-~'~ ~1- ~h i6il 4. Owners Auth razed Agent ContacUFax umber. Mailing Address; oN c~ L~. v ~ N E °-~d- ~nJ o~b~b ~tiY- V t ,tk `(A P ~ b 1 5. Contractors Name: ContacUFax Number. Mailing Address: ULONt?A ~~ Z~(,. c~ ~ Z 6 G1EEu 6. Architect or Engineer on Record: Contad/Fax Number. Mailing Address: O O G ~~ v~ 970-9~5--006 `Ilo t~ ~ IQrt~, g6 7. Parcel ID number of property to be accessed: Check http://www.aspenpidcin.eoMdeptsl3/ or cell the Pitkin County i O (gyp ~" Assessors Office at 970.920.5160 for the parcel ID number. 8. Property also known as: (Provide a detailed map showing the location at legible scale) 9. Land use approval number(s): 10. Is there existting access? " ~ ~ ' 11. For residences, list the number and type of dwelling units. 12. For commerclal building, list the numberlsq. ft. of building(s). 13. Type of material to be excavated or placed on property: (yv~C4`e~CG (~'.r~ It~.:cti-j - 13a. Material will be brought from: 13b. Is the material possibly contaminated? Yes No~ 13c. F-xcavated material will be taken to: 14. Desuip8on of work: f :-4 S~ Total acreage or square footage of disturbance: Max cut depth: Total cubic yards of material moved: Maz fill depth: 15. Will the project result in disturbance oft 1 acre of land? Yes No 15a. If You answered "Yes", submft a copy of your state Construction Stonnwater Permit or R-Factor waiver. Information on this permit is available at: http:llwww.cdphe.state.co.uslwglPermitsUnif/stonnwater/construdion.html. 16. Is any portion of the project already complete? If yes, give reason and date(s) of prior construction activity. 17. Will the project disturb/resutt in removal of any vegetation? Yes No 17a. If you answered "Yes" submtt a revegetation plan, including a plant list with scientific names of species, planting schedule and method of Irtigation. The County's Revegetation Guidelines are available at htip://www.aspenpitkin.com/depts/64/deptmain.cfm. 17b. How will you prevent the establishment of noxious weeds at the projed~ 18. Will the project result in disturbance of any wetlands or riparian areas? Yes No 18a. If you answered "Yes", submtt a descdption of your revegetationlmttigation plan, including a plant list wtth scientific names of species, planting schedule and method of irdgatron. Also subm8 a copy of your U.S. Army Corps of Engineers Sec. 404 partnit in connection with any disturbance of "jurisdictional waters" of the U.S. Contact the U.S. Army Corps of Engineers in Grand Junction (970-243.1199) for information on Sec. 404 permit requirements. 19. Will the project involve work in the Pttkin County Right of Way? Yes No 19a. If you answered "Yes" a County Right of Way Work Pertntt must be obtained prior to wmmenclng work. Information on this permit is available at: http:/lwww.aspenpitkin.wmldepts/24/pertnits.cfm or by tailing Public Works at 970.920.5390. Aceess 2008.x1s f ~la`~I o \ ~~~ ~ ~~ 2-22-07 (t R ~'1 7 ~~'e~ 20. Will the project disturbfinvolve work in the 100-year flood plain? Yes No 20a. If you answered "Yes° a County Floodplain Devebpment Permit must be obtained prior to commencing work. Information on this pertnk is available at: http://www.aspenpitkin.wm/depts/12/water_res.cfm or by calling the Natural Rescourse Specialist at 970-429- 2033. Having carefully read the requirements, I (Applicant) hereby agree to the terms and conditions described within. This form is a permit only when validated by County staff. Work started without a permit will be subject to Pitkin County enforcement action and charged double permit fees. 21. Signature~Applica 21 a. Date: fib 22. Signet/re of Properly Owne s : ~./ 22a. Date: FOR STAFF USE ONLY DO NOT WRITE BELOW TH IS LINE): 23. Additional Tenns and Condkions of Permit (check all that apply): At the time of issuance of this permit you are required to post $_ as financial security to ensure successful completion of our revegetation plan. These monies will be held for lwo growing seasons from the date of oompletion of the project and will only be released at that timed a ske visk by Pitkin County Land Management confirms that successful revegetation has been accomplished. Applicant is obligated to wntact Pitkin County Land Management (970-920-5214) to schedule the required two-year site visit. The monies will be forfeked 'rf successful revegetation is not confirmed after two growing seasons, or'rfApplicant fails to timely schedule th e required ske visk. y -SEC: N-( ~C lip%•.~"~ 'L. .i LCU CU.S ~C. l'~1l't,`> A Fugitive Dust Control Planapproved by the EnvironrF>'ental Health and Natural Resources Department is required. Other. There is a $540.00 permit flat fee due at submittal of permit application. The following additional fees may be required to be paid prior to issuance of this permit: County Engineer Refertal Fee: 225 Addtional Flat Fee for Applications Involving Large Scale~Undergrounding of Utilkies & Earthmoving Proje~ts:3~ You will also be invoiced by the Land Manager, Planning Engineer and Natural Resource Specialist for any review and follow up Inspection time . exceeding 2 hours at a rate of $150/hr. Date Penn' li tion R i A d f 121 Z UI UV~ Permit Flat Fee (due at submittaq: ~z~bz/D: ~O Check # ve pp ca ece : I Additibnal Fees (due at issuance): Check # Date Pertnk Issued: ~. I I p TOTAL FEE (no refunds): O 0 O ~ I 23. StafFComments: r~! QP''~ P1GLYlVU~1~ I C~ JVL I I~, l ~ b~- ~cn~ Poritul T~ i Cb~ 5 11 ~ I o 24G~proved by Pk~~C,qunty Fngin~e~er., n n 24a. Date:) ~ ~ b 25. Approved by Pitkin County Land Ma ager. N / ~ N' 25a. Date: 26. App e n un Planning Engine r 26a. Date: j ~ l O Access 2008.x15 2-22-07 Ui~uUll PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter "COUNTY°) and L.e} ~ {~ G (hereinafter "APPLICANT°) AGREE AS FOLLOWS: CANT has submitted to COUNTY an application for Lod S Ea~~~~,iMS nt.S ~r. (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. 6. Therefore, APPLICANT agrees that in consideration of the COUNTY'S waiver of its right to collect full fe s prior to a determination of application completeness, APPLICANT shall pay a base fee in the amount of $~_ which is based on , jphours 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 periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. PITKIN COUNTY L.0'~ S Et' U,G ("APPLICANT") _ Cindy Houben Community Development Director ey: and Title (if applicable) Date: ~n -~~ y0-~ Mailing Address: A•cne~. fL t r r RECEPTION#: 559462, 05/29/2009 at ~ 1'1:42:50 AM, 1 OF 3, R S0.0p Doc Code ADMIN DECISION Janice K. Vos Caudill, Pitkin County, CO ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF PTIZON COUNTY, COLORADO APPROVING THE LOT 5 EP LLC SPECIAL REVIEW FOR AN ATTACHED CARETAKER DWELLING UNIT Administrative Decision No.~ 2009 RECITALS 1. Lot 5 EP LLC ("Applicant") has applied to the Community Development Director of Pitkin County, Colorado, for approval of a detached Caretaker Dwelling Unit ("CDU"). 2. The property is located at 360 Eagle Pines Drive and is more specifically described as Eagle Pines Subdivision, Lot 5. PID #2735-101-O1-005. 3. The parcel is zoned AR-10 and contains 7.93 acres. 4. The parcel currently has an existing legal residence on the property. The Applicant provided notice of the application to adjacent property owners as required pursuant to Sec. Sec. 2-20-100(A) of the Land Use Code. No objections were received in 30 days from the date the notice was posted. 6. The Housing Office recommends approval of the caretaker dwelling unit. The Director finds that the Lot 5 EP LLC attached CDU complies with applicable standards of the Land Use Code found at Subsections 4-30-50(e)(lx2), 2.30-30(h), 6-30- 40(c), and 2130-20(f). THE DIRECTOR DOES HEREBY APPROVE-the Lot 5 EP LLC request for an attached CDU, subject to the following conditions: 1. Applicant shall adhere to all material representations made in the application. 2. The detached CDU shall not exceed 1000 net livable square feet of floor area, which shall count toward the total allowable floor azea for the lot. 3. The detached CDU shall be constructed within the existing residential dwelling. 4. Prior to issuance of a building permit for the caretaker unit, the Applicant shall: A. Provide proof of adequate water supply (in terms of quantity and availability) for domestic and fire protection purposes, and for irrigation purposes, if applicable, to the Environmental Health and Natural Resources Department. The water supply shall be demonstrated to be adequate for two dwelling units. B. Obtain a permit approval from the Environmental Health and Natural Resources Department to expand the on-site wastewater treatment system {OWTS), if required. The system shall be located within the approved building envelope. C. Submit a construction *~? ~~+*+ent plan for review and approval by the Planning Engineer. k / ~ n~(^']~fn/) i 14. The caretaker dwelling unit restriction may be removed by the property owner upon approval of the Community Development Director, subject to the requirement that the dwelling is removed or modified. If modified, the remaining improvements must no longer be capable of occupancy as a dwelling unit and must meet otherwise applicable Code requirements. 15. The provisions of this regulation are for the purpose of providing a voluntary CDU on a legally created lot or parcel in the County. Any unit approved under this provision of the Pitkin County Land Use shall not be used for mitigation of employee housing requirements as established elsewhere in said Code. 16. Failure to comply with the conditions of this approval may result in revocation of this approval, or any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this property. 17. Statutory vested rights for the approval contained herein are granted pursuant to the Pitldn County Land Use Code and Colorado Statutes, subject to the exceptions set forth in the Pitkin County Land Use Code § 2-20-170 and C.RS., § 24-68-105. The statutory vested rights granted herein shall expire on May 22, 2012. APPROVED by the Director, this 22'd day of May, 2009. C Cin ouben, Community Development Director P025-09 PID#2735-101-01-005 ~ubl~shed ter adop~'~or~.-tor veslecl rnAI ProPcr+~ri~(,4.~s ,.tl~ ~ ~ .~1s(~-~ -f ~ rntZ, ~''R e.1~ l.~ 6n -the ~- d~ 0-4'~~.. Zoaq. oouu2rf .. -. ~ .. ..s` . ~~ _ ' ~~: ..j~~.a~:1i±: ST_~St~t~~~"~~iT~}~Jivr.~4'~.5~?~~..~.'~.a d 'ti .. ~. #326457 av/21/va 15:31 Rec $75.aa gl; Silvia Davis, Pitkin Cnty Clerks Doc 630 PG 76 8.00 ASPEN BUTTSRNILA A88OCIAT88 SUB IVIB O IMPROVSMBNTS A(iRB HSNT ~ ~ This Agreement, made and entered into this ~ ~tli day of ~ _, 1990, by and between ASPEN BUTTERMILK ASSOCIATES, a °Subdivid r°) and THE BOARD OF COUNTY COAII'tISSIONERS of therCounty ~ of Pitkin, State of Colorado (hereafter "County"). WITNSSSETH: '~ WHEREAS, Subdivider has submitted to the Count for ;:-+ execution and recording a final plat of Aspen Buttermilk Associates -"~ ~~ Subdivision (hereafter "Subdivision") consisting of ten (10) residential lots for the construction of a single-family residence j ~ and a caretaker unit on each lot on certain real property in Pitkin ,,•~r~,~?! ~- - -~~ y, Colorado, more particularly described on the final plat of -~• a•r, o~~o- Subdivision; which plat appears of _••: :,y record in Plat Book ~_ at Page 3 ~ in the real pro ert '_~- ~• records of Pitkin County, Colorado; p y ~;: 's _ :, y. .L.. _,, ?,: ,~. r~ ~ 't r~ ..:. .1"> ~r ;~ , :.,-~. ~~~ `\ V . ,: ~' .;t ~` `, t v - ; , ~ ~;~ ~,s -:-~ ~~ ~ `~ ~(^ ~ti:-` \" J ,';• *.'= t1~; .° WHEREAS, the Colorado Revised Statutes (§ 30-28-137) and the Pitkin County Code require that a Subdivision Improvement Agreement be approved by the County before a final plat may be recorded; WHEREAS, the County, after full consideration, is willing to approve and execute the final .plat of the Subdivision upon Subdivider's agreement to the obligations herein, all as required by the Pitkin County Code; and WHEREAS, the Subdivider is willing to accept these obligations and to enter into this Agreement with the County to provide for the sane, NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto stipulate and agree as follows: I. Subdivision Improvements and Dedications. In order to satisfy its obligation to provide adequate infrastructure and public facilities, Subdivider agrees to comply with the conditions of 'approval contained in Pitkin County Resolution No. 89-87, as amended by Resolution No. 90-12 and by the approval of an insubstantial plat amendment on August 7, 1990 by the Planning and Zoning Commission, all of which approvals are attached hereto and incorporated by reference herein as Exhibit "A," all in accordance with applicable codes and ordinances in effect at the time of Detailed Submission approval. II. Park Dedication Fee. The Park Dedication Fee for the Subdivision is $11,893.00 for the ten free-market residential lots or $1,189.30 per free-market residential lot. Any employee lots acquired in compliance with the conditions of approval or caretaker units are exempted ~~ - :~} . .. ~: ,' *- . _ >~ •~~ ~''~~i14~~ ~'s.t~t;• ,`r f_'.7l•~~~i;; .~~i~p ~':'~'`: t`A. ~~yi'.: f~..: -~3+~`' b`•'-'~t s.~1~. ga~f~: c.~ {~~ r.•i '•i`'.F ~{i~t '2 }r~'at !?-.t;: ~:~ 7!F'~ ~~f'T-','~ !` iA. y.~r~yEy~JJ C( jr ,~;7i.~11~1... ~.. N # Y• (~ H ~pN ~o r- ~ 41 F~7 r ,o M• Q ~ Y P C9 n~ rr ~ ~n ~m ~~ =`~ o 0 O UI n~ e 0 Q t r f 1 F E ~- f t ~. t' M1 r 1 - - - i ~ yt a) A i ~ } tr. Styr .re ;ij f .~ ti.') ! + S'is ~ 11 '+' - 3 i , ~ ~ . ~{ y ] SS ~.. "~f 3/}~~ ~. ~' A 1~ [~ li ~r ~ 1 ! i 9 y, e, F r'~~ tit {:~_\~Yir.~'~iY~7.~1:~~1,~}.t } _ah, :}t ~'~~}` ~i'a[~yT..{'~{-~.~1i5- ~..i-f 1y`~;~}~ ,~i~'t~~~jvr ¢~5 ~~'! ' ~ >: - rt ~ :e~.s '1 t `f t ~.~ ~ .. .~. . a. ~eecl An~ ~r~i§ S I .~T !#326457 Ci9l21 /9U iS. 31 Rec ~i5. C~Ci E+}, 630 F6 i . . 77 S lvia Davis, F'itkin Cnty Cler}i~ I3nc ~.~lCa '' ( , from payment of the Park Dedication Fee. Subdi~rider " agrees to pay $1,189..30 per free-market residential: lot rnr at he time of issuance -of a building permit for ~ "~~~ construction of'each new dwelling unit on a residential ~- n lat..in the Subdivision in accordance with the provisions ' ~ tl . of "Pitkin County Land: Use Code Section 5-501.,:11. " ts~ ;"" ~ p III. Timing, Nature- and Estimated Cast of Im~arovements ~'~ ~ . Subdivider shall be responsible for the construction and ~~ a -` installation of all mprovements'required.hereunder in ~ ~ accordance with applicable codes and standards-in effect : `' ` - at the time of Detailed Submission approval The nature _°-' ~' ~ , extent anti estimated 'cost of such improvements are et ~ ~ forth on the schedule attached hereto as:Exhibit "B" 'and ~ ~~ , incorporated herein by this reference. In the'event'.the a t ~ : cost of the contemplated improvements exceeds those ~ r~i' ~ ~ , estimated an Exhibit "B," Subdivider shall be solely." , responsible for the higher costs thereof. The ~ '~'~ _ ~ 1- ~ subdivision and improvements "provided- for` in this ~ n ~ '~ ,: Agreement may ,be developed and "completed in phases c ~=L ,,~ ' / . Provided, however, all improvements provided for' in ~ ~ Exhibit ~~B° herein shall be completed within three years ©~+ ~ ' of Detailed Submission approval, to wit September" 12 1 n . , 992.... Improvements will be constructed or Subdivider will provide L tter ~o~ ' s'~ a e of Credit to guarantee their construction prior to the sale of any individual lot a o ~' 3~ or issuance :of any building permit;""provided, however that ~ ~" F:~ " , nothing herein shall be construed to require"Subd'ivider + r- ' to construct the improvements or provide a Letter ` of ~ Credit prior to recordation of., the plat or sale `or r7 ~~ transfer of the parcel as a whole to any third party who ;, , shall be subject'to the requirements of this:Agreement. r , ~! IV. Issuance of Limited Improvement Permits. In accordance ~ ` with the provisions of Pitkin County~.`Land Use Code ; _ r Section 6-4:5(c),'certan improvements maybe constructed ~ immediately- after submissign and approval ;of this ,~ Agreement upon issuance of a'Limited Improvement Permit ~ .y, by the Building Inspector, including but ,:not limited : o ;, _~ ' , rough-cut and grade roads, .necessary water and sewer lines and t :~ .~ , emporary or permanentlycallowed power lines. Subdivid " h ~~ er s all post secwrity satisfactory to the County _~ Attorney ..prior. to issuance of any; Limited Improvement Permit , ;} commensurate with the :'extent of the improvements sought in the permit. ' -~ ~ € ;o _~ ~ V. Financial Assurances. Subdivider s. performance of the ~ obligations described on Exhibit !'B" herein `shall be secured by collateral sufficient to make reasonable r` provision for the completion of said improvements '`in ~! accordance -with the construction schedule and ' specifications set forth herein. 'In order to secu - re ; -~ 2 ,~ i c~ v }_• t A_ ' e . ~ -. ~ ' 1 C. ~ Y f M _ ' :tic I . •a ~• y. :,. ~ .. ~ -1Z ~-t +~Y' ~Y. . ~•' 1 . ~. Lf .1 .. ',as+.!+in~j4,~! "'+C4~;•4? Yr4~~ gf~ i, ~r~~f S. 1l' ~..~ 4:~j•+• 5•~ai..k_•,.i. •~~iZ'~~~...,~ •~rj';4 ilrr ,+{...,.. •.. ~~ff +I {{{~~';;;'''~~~{((((((III .r,.- . E tl.ti ~n74}tit}: 5~. tf't1ahS.•.s a~4~ a~Is fit.' . i p ps~ T i^.'• .S:y~~u~~,S+~~~'.7}'i~Y+ '~~- 3y~. i{~ f ~ ~ ~ ~ ~ `:~ ~41: ~-.~t~ff:.'a ~ idf f u. : • Sl(y - t ~.. ' .:Id .. ffi . , iii.-" 45•(; ` :; ~i ~. jII_ ry: #326457 q "~ `- ' • • 9/21/9q 15:31 Rec $75.gq NY. 610 P6 78 Silvia Davis, Fitkin Cnty Clerk, Doc $.q0 Subdividerls performance under this Agreement, Subdivider hereby restricts individual lots against conveyance or transfer nor shall a building permit be issued for a residence on any lot until such time as a Letter of Credit is provided to Pitkin County substantially fn the form of Exhibit IIC11 attached hereto and incorporated herein by reference and until recordation of this Agreement. - VI. Inspection and Release. As improvements or portions thereof are completed the C t , oun y shall inspect them and on approval and/or acceptance of the i mprovements by the County, the County Attorney shall authorize the release of that amount of the security equal to the cost of the portion of the i p ,_;~~ ~ m rovements completed; provided however, that ten percent (10$) of th ;:_' -:-•°~ `-•`'i e costs of the improvement completed shall be retained until all improvement ;' ~ T s provided for herein are completed by the Subdivider and _. approved by the County. :z_ •~ {~• . VII. Performance Default and CurA, Subdivider shall perform its obligation t ~.j s o construct the improvements for in this Agreement on or before Septembe 12ro a r r 1992 date~,bthe1C l i t o m -~ ounty shall not fy Subdiv der in r-ritinq that Subdivider shall have a s ecifi d ti ,; 't~ p e me (but in no event less than 90 days from receipt of said notice) to c % ure the specific deficiencies listed in said notice. Said notice sh ll a also provide Subdivider an o pportunity to be heard before the Board of County Commissi ~' oners within a reasonable time pertaining. to the matters addressed therein '•~ . For good cause shown, at said hearing, Subdivider may submit an updated constructi ,:-j I on schedule and Letter of Credit to complete any remaining improvement f •;;~ s or review and acceptance in good faith by the Board of County Commissioner ;~ s. If the Subdivider fails to complete the improvements within the period of '-'~ cure, the County shall provide the Subdivider with thirty (30) days writt ~ en notice that the County intends to draw upon the Letter of Credit. After the expirati f =~~ - _i - on o the thirty (30) day period, and presentation to the bank of an affidavit - of the County Attorney to the effect the provisions herein have not b - een complied with, County shall have the unconditional right to draw `; upon the Letter of Credit, as posted.. The County may draw upon the Lett - ; er of Credit only in order to improvements to be completed by the County and/orato a ; p y any outstanding bills for work already completed by any party In th :.~ . e event that Subdivider defaults hereunder and the County by withdrawal ~ , of funds, performs the obligations of the Subdivider hereunder the C ~ '' , ounty, in good faith, shall be obligated to complete the ,~ 3 r ~'~ y ~ 1 ~ 1} ~ v ~. - •; ~x ~• W < P s+ w d W ~i r4~ .~ ~o r+ x .• ~• P ~ .. c1 ~ h~ ~ n n r {q ~ i ~~ 0 0 o ~ e o°° v :~:;~ - ~. T, :; ::. . •; . f s e(jr is {'. - _ [ :. '. ~ ',~. ,. i ~ ~r 1 ,,` j. - ~ S _. . {E it YF ew hY i~ '., t. ,. -} ~a f .l.•a l~ff~t3'7f :(~x Y }3~C''y , }~ '[}~ j f s~ ~! ~la ~{Liljt!i ~{ ~~ tgC S3 ~ .~ ~h d~.~ r~s~ !tip{ i~ ~~ll t15)~~ f f# e~~i~tla~l,[k~~~i r}'~k $ t' f { f Il e t ~ t a f, S 4. 1~ . t~ k a} tia f ~:y ~ti 5~a .4~~flt ! t . ~~ `~ Z ,ter .L ~~~ ~ "~ :13f i` ' ~ s ` ~- F_a F w cif t ; + • a' Cl ilf y.; ~>.~;)~~ Z to tR tt ' j y - ., ~ i ~ ,~1, t !~s 7 l y ('•i /`. ~i trY~': `C.J•'. ~~}1]~~.'/{a 1: t {a{,..~a~j ~ ;e.- ~ tr"~}i i lk]~, 2':.1 fZ ~ r.~ ~jyr ~,ry'~1~~`-~)hy ~.- ~J. 'yp~-~ ~'JS #'„fi'f~a 1.r ~ ~ttf,1 ' xt1 ~ !IS!_w .S.,F_P:4111LF~~C..~4}.i ~~~~~~i~~~~ifi? i. .L .iii -~f~~ ~a~Ski~Pa s~el~~-r •;I~fr`n. ~.5i'~c 14w~:'~::4~ ..Tea Y+f•:, .a.~. p {=• • ;#3264ii Cy912119<! 15:31 F`ec '1=75.,~3U f1; 634 F"G 7q Silvis Davis, Pitl.'.tn Gnat' Glerlt! Doc ~.Oc_! ' / ~ improvements in as economically efficient manner as is practicable. Final payment for any improvement completed _ by the County shall be made only after the County has ~ T ' inspected and approved the improvements. The'County may ~-r~1 f,' require a default: fee as set. forth in Exhibit "B" to ~ A ~,-.''-' cover the County's administrative cost of completing the ~.A? ~_:' improvements in the -event the -,Subdivider. defaults m ;'-::~ hereunder. ~ ty ~ •- ~ ,~ • "VIII. Bulk Sale. Notwithstanding any''provision herein which i'~~~ ~ ~ ~ , may be construed otherwise Subdivider may assign its ~ interest in he property. or sell the undeveloped lots in ~`II s' the Subdivision in bulk to a third party who shall ~ develop the Subdivision, or 'any portion thereof, in .'-~ Sri accordance with and subject to the provisions 'of this' ~~ ~- ~. ~; Agreement (including but not Zimited to construction of n ~-~ the improvements contemplated:. hereunder).; Upon such':a ~.~ - z~ ~:'x; bulk 'sale " to a third party, Subdivider shall be ~ '~ ~ ` ~~ automatically released of all: liability, and obligations ~ ~ ' 'Y .~ under the terms of this Agreement. and any Letter of o -~ ;; Credit posted by Aspen Buttermilk Associates shall stn ' thereupon be null. and void. ,. o o _ ~ 3 IX. Execution and Recordation of Final `Plat. Subdvider's o'~-' n ra ~ obligations ,to construct the-'improvements contemplated ~ a ' } hereunder and `to comply with the term's of this Agreement W .f are expressly contingent on the County approving and ~ o i executing the Final Subdivision Plat=of Aspen, Buttermilk Associates .and the recordation of the samerin the office '. of the Clerk and Recorder of Pitkin County, Colorado. ~ r X. Covenants Running With Land. All covenants, ' restrictions,,; conditions and obligations, 'including the - obligations of, paragraphs 3,i5 and 7 hereof,`' herein ~'' `contained ar'e covenants running with;the 1"and and 'shall attach and bind and inure :to the benefit 'of the < Subdivider and County, their respective grantees, successors and assigns. -.Wherever the term "Subdivider" -' 'is used in this Agreement, said term. shall be deemed to -"~' include Aspen Buttermilk-Associates or its successors and assigns. r sXI. Captions. Titles or captions of paragraphs contained in this Agreement are inserted only'- as 'a matter. of •~~ convenience and for reference, sand in no way define, ~ limit, extend or describe the scope of this'SUbdivision ' ~ _ Improvements,Agreement or to the intent of any :portions ' hereof. f i' 4 - ~~ .- .+ ~. .~ °3 , . ~~r' ~ • t ~. .: .. 'E• #326457 49/21/94 15;31 Rem X75.40 B}; 630 PG 80 Silvia Davis, Pitkin Cnty C1erF:, Doc $.44 XII. Entire Agreement. This subdivision improvements Agreement constitutes th e full and complete agreement of the parties hereto and may not be modifi d e except by a written agreement signed by the parties. XIII. Notice. Any notice, communication, request, reply or advice (hereinaft N er severally and collectively, for convenience, called ~~Notice~~) in thi A Y Q' , s greement provided or permitted to be given made y a o~ • , or accepted by either party to the other party must be in writin a d l ~ g un n may, ess otherwise in the Agreement expressly provided be given or b ~•~ , , e served by depositing the same in the United States mail, postpaid and registered ~' p or certified and addressed to the party to be notffied with ~ °o •~'~ , return receipt requested, or by delivering the same to an offer r agent of h x... }:`~,! a suc party, or by postpaid telegram, when ppropriate, addressed to th " o' ' ~'>':~ e party to be notified. Notfce deposited in the mail in the cn ~ F,~; -' manner hereinabove .described shall be effective from and ~ + ~ i •.K s , after the expiration of three (3) days after it is so deposited Notic i ' ~ ~ - ~5~ . e g ven in any other manner shall be effective only if and when received by the t .•.yE • ~ par y to be notified. For purposes of notice, the addresses of th -ms ; e parties shall, until changed as hereinafter provided be as foll ~ o , ows: a PITKIN COUNTY: The Board of County Commissioners n° ~ ' c/o Pitkin County Manager .i Pitkin County Courthouse 504 y+~ ;? East Main Street ° ~ Aspen, Colorado 81611 _= ~~ SUBDIVIDER: Aspen Buttermilk Associates c~ 450 South Galena - +=~ Aspen, Colorado 81611 ;: However, the parties hereto shall have the right from time to time to change thei '~ r respective addresses, and each shall have the right to specify as it d .~ s a dress any other address within the United States of America by at least fi •~ ve (5) days written notice to the other party. • ~ 11. ~ffec+•'~,~ .,..tom. This Agreement shall be effective upon execution by the parties and ~ + may, thereafter, be recorded by either party. ;: 5 Z9 '7) . •! ~ s~ . -ia jiE its ~r: ;~~, ~~,X "~'~~'.~`~~~~~y~r}`tt ~~~f. :~tgk ~l'•~f~_+..~. .. x ~, i E~~~~~cLf i . ,,tt~ ( NYV 1E. i~ .:~:; .:;... .._, { ~ .+. . .,. i ~ ..r' _, .. ..::.... i_ ~1 ' . . ~ ,, , - , +.~+5 kxy.~ 4a a.' ? t3'i ~ j t• it ,}Y+! ..L fr iyy."n~ '~ i ~ t it i}''<~7 1 l si ' x f + t ass ,tSZh ~ .i eq,(,}fit y}jf;S+~ ~ ~.i 1, nSr~j ~('{~Y{Ya} } ; ti F , ~ ~~ '~r}11I + t1 ~ ,q~.}{,ti} .Std r~~ { 4 l~S~sC~ ~. t~J]•k i! ryr~}1Kr L~~)T.rt•a ~jYZ~~~",3 it t~l• Y~ik ~7 i`~1 :Y~~i~t ~~~)~t }~;€~ 't i3r ,4~,}i~ r ±it _i i~ -:cis .~~.~`<Y~YS#-}!~-t . ,€•>~ '.,.-sris~rf c3? S~.t_~ Y k3: r. ,~pxxr }-.,, r. .. ~'-~YIi•. ~ .1~.~~'fr.E+~`.rlllittt~)2 a: 3. a.. + ~f°# i`. #~3zb~S7 i)9l21/9C1 15.31 fiec ~75.i~ir E+k'. 63C~ FG 81 Silvia Davis, PitF:in Gnty C1erF: Doc ~.~+C? •' ~; ~ _ IN WITNESS WHEREOR, the parties have. executed this Subdivision Improvements Agreement the: day and year .first written above. ASPEN BUTTERMILK ASSOCIATES ~, A Colorado Joint Venture ~ is =?i, +-' t9 ; < P I~ ~ ~ PJ L r . .. - ~ Q,. ~. ... ty i [Sea By~ < ~ (Title) ~,_ ~ ; j - LY. td ! ~. v ~ ATTEST' ~. o ) s r, Bye ~- a- ,, rf.! Secretary) ~ c~ ~ -. - ;a ~ ~ f~ ~• ~ ! t ,~ ~ ~ ~ ' ~ THE BOARD OR COUNTY COMMISSIONERS ~ ~ ,~ OF,PITKIN COUNTY, COLORADO 3 R ,} ~ . 1 By s ~ ~ n n l' ~rL-~ ~-~-- t7 ~ ."- ,r;~ {~1 person} ° '"' ~ n ;; e ~ ! ;.~ C ~' '4Y • )~. _ ''# STATE OF COLORA40 } ~ <', COUNTY OF`PITKIN w '~~ The foregoing document was subscribed, and s1~orn to before me- ~" this 17th day of September, 199 by Erik 0. Giese.of;Aspen Buttermilk ~ } ~ Associates. t~^~ Ni Hess my hand and official seal. T~~{ My commission expires: 812b/90 x•_ . - !u •' `~ ,-. , .., f f+- .~'( ll~1g"~ Notary.. Pub c i y~ °° '~2 i ~•fs;~~V 1i j'` a~~~ ro -~ ~ .:- -~ ;~ b t ~! ;, Y) '-1 f ~ ~~ 4 1;; ...= i.~ e -.~, 3~ r-r's,~r .ice ,. ;ti7 ~ ~ \ _ ~. ~• ,••<:~'. •~: '~1~:~ w - ~ -- 3' t + , ~ .. ~ry . ~'~~I. €;tT~~~}Iti t.f~~~y~~1rl~~. tt. >!~~i1rt}-ti~i:,~ ~ . -~ '1~~~; `1~~~~?r{%a~:1: r~~ f~ ;.~:?Z :}.yir ~ •°~' g"'aa~~,,,,~~1 ~#, ~~~~'~~~/'~ ~`}~yy`~~!'~.'it ~~•~f~~.;:~s'1~:.. .~ ... r.' .Cr• ~64Ld.V/S-{l,.r rt '~. ~ rr:l..+Fa ~~•' i ~ ~ 1~•.I~~ , .J~~ ~ .~: . +~ . y ~. ', ~. i i •.i l•i}fi #326456 49/21/9~l 15;27 Rec $34.04 BF: 630 PG 73 Silvia Davis, Pitl:in Cnty Clerk, Dot $, 44 - -. #326525 49/24/94 16:55 Rec $30.OU BF; 630 PG 24S Silvia Davis, Pitkin Cnty Clerk, Doc $.00 TF.~C RS STATE OF C9L-9Ri;90 \) SS. COUNTY OF ~gL.~RS ) The foregoing instrument was acknowledged before me this /~If~ day of yy/~ , 1990, by Bruce Leadbetter, as Joint Venturer of spen-Buttermilk Associates, a Colorado joint venture. >! r• ~~ i~:j Witness my hand and official seal. ;-T,?~'..'"..`.;~;, My commission expires: _ ~3_Z7_ 93 3 •f' •y.;~.'ti ~'. ; ten: ,r. ~, awl ; .~ ~~~ %~1~FOF lEj' i% a'Sf+nkrS _ Notary Public '-9:ti STATE OF EAL9RADp ) Gaok ) ss• COUNTY OF ~ r The foregoin instrument was acknowledged before m ~4 ~~ day of , 1990, by /YIA~SN/tLC F/S~N~ as lJL-ti ~ / TN , of Aspen-Buttermilk Investment G an I11 noes Partnership. Joint Venturer of Aspen-Buttermilk Associates, a Colorado joint venture. Witness my hand and official seal. My commission expires: ejtMLA0119 3/ = ., . ._'~r.; i~. •~ ~~ 't ~~ -z - q / s.'~ Notary Pu 1>Lc L -4- ~. 'OFFICIAL SEAL' JOFiH YUAN CHAN kOTARY PlISL1C, STATE OF nE[k'OIS !IT COMNISSIO!1 EIPIRES S/7P/91 ~`. ~ ~ . _„ ~.~ ~ , r €r ., tT~°t3S ~ •, i ,p ~'jjjj~Y ~ v i~f ~~i ~, .5~• gStpi s~tj~~~(i.L~l,t~t+,i~ {`• s •; _. ' i g yy (- i>~ ~`xy~ :F 1f~k~( sr~~~24 ~ r~` °y't>: ..t tX ~?~~itl i~~ ..~X 77, i t { `4~::a y~37, ltlt~;~ir~(7~~{~~il~i f vn t3 r~ 1t•`+j4tl } f:41t1 ~~K~~ i 3..~ jet}. ;`yf'i y~Ft to i{p +s3 LFk 1t 51~~r` .. t. et .t~~ ~ St 19'^•)} .~~rl-r4c ~ S .. tyvt !~t s .~rS Sfi ... r3 d' f~ s ~+~,,: ~. c~ t: • -tli~~~.!x.~f .. '. 's~q,}~i ~~r)Jy4_~45 ~ i( [ ~4 'if i t. - T- i ~} + (~l ~ y a-~,.r1 ~~,r z~ J' it ' 7 t r: its ctt:ly~ 1.i'tift~ ~i: ~tiSi 6.1z;F'3t~h~tr~.7~~t`.~~ t~.3i}_ #AS _:x~ v ;~Yf'i ~s~?f.~,+'T:'s:: r 3~.fS _kt~.:l.l ~a _J.t~vt ,.k..:t .S;il F ~~t1 i`; ~:3zb4~6 t?9/2114~~ 15:2? Rec ~3t~.ctfj Et}; 630 RG 72 ~. Silvia Davis, 'Pitl;in Cnty C1er1. Doc ~.UQ i - 4#326525 t?9/2419~1 ib: 55 f2ec 13C~,'Ou E{K b30 'PG 244 Silvia Davis, fiitkin Cnty Cler4, Doe ~.f3t7' t ,. IN WITNESS WHEREOF, the .Declarant has executed this ;, Declaration the day and year first above writ"ten. ~`' ~_~ ASPEN-BUTTERMILK ASSOCIATES, a s t " 'Colorado joint venture - t ~ a ` ~ ~ SY ~ ~~ Eri Giese, Joint Venturer '. ~' ; BY• ; ,'~ ruce a ettex, Joint y i i _ !t Venturer ~ K ~t~ - _ ~: i t By: Aspen-Buttermilk Investment + Group, an Illinois ; ~,, v;;4 Partnership, Joint Venturer.... ~' ,.µ` - ,: - By: CONSOLIDATED CAPITAL ~ ~" ,>' ~ , ,_ ~~ l Its: General',. Partner '~ B ~~ Trustee PG Trusts, Partner STATE OF COLORADO } ~ ! _ } ss. , ~~ cooNmY of Q ~ x ~ "i The foregoing instrument was acknawledged',before me his z=~, ~ day of , 1990, by Erik.Giese,',as 3ont enturer of Aspen-B ttermilk Associates, a Colorado joint ,~ venture. s _ Y F r. Witness my hand. and offi 'al seal. ;~ "~~ ... My commission expires. s C' S t ` _ ff • t ` t. = ~ ~YGt~C Notar Public . , ~ ,~. ~, t . f c e`` ~ "' .. ~ t' __ -3- ejtMLA0119 < k _ .. ~ ~, f_~ ' ~ 4 ~ _ ~~ r.j{ , ~ '. t .; ~''t., ' -,:~~iS tel. 1 ` ~:,~;,~ 1 ~: . i ~< ~ S,: lr'1,;{,t~ ~'z.: 1~ k~ ~-fR} s-, ~s~,'!~f\t r'~j ss + r rr ,~ a~~+~'.r:1~~1(jii ?l.~ }(~r~.~ivr,(,'') $ •1 .<. :'r. ~i,+y(,',•y~~=t ~`i1F.4::~'~ ;:stSi'tZ'j`~yY`"•s i~` 4 ~~/f~~s~.,:...•' :~• ' .. ~:~:_I~~~:a •~ 4~ X u . ~+r )S4a}6. i+'. itaa.f5 ~'.~4':i+l': a a.. . v11S G~13ri=7~~]_?';t!i'r•: _ •'~ lSi.%.lla4~lCftu4} t~{.)1411 ~.+RY!_.:?~,' ~~~`':-~'1t1'~s ' ~ #32H457 09/21/90 15:31 Rec'~75.00 BK 630 P6 82 ~a' Silvia Davis, Pitkin Cnty Clerk, Doc x.06 . RESOLUTION OF TIIE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO APPROVING THE ASPEN BUTTERMILK '„ ASSOCIATES PUD GENERAL, DETAILED AND FINAL SUBMISSION, EMPLOYEE DWELLING UNIT REQUEST AND 1041 HAZARD REVIEW -~;;ti;_ ;.;. •..a ;•_ ' Resolution Ho 89-~ •.~• °; ; ' WHEREAS, on July 25, 1989 the Pitkin County Board of County commissioners (hereinafter Board) reviewed the Aspen/Buttermilk N W +-' N Associates PUD, Employee Dwelling Unit request and 1041 ~• ~~ r 0` i~'> •~ application located as identified in Exhibit "A"; and ~ o _ < ,o _`'-'~ WHEREAS, the request was made pursuant to a legal s¢ttlement ~ ti :. ' ~. ~ ~ a ~ ' agreement between the applicants, Aspen/Buttermilk Asso ..ates, ~ o . tt - i and Pitkin County; and M P ~ o .. I ,, WHEREAS, the agreement states that the application shall be ~ ~ reviewed by the Planning Commission and Hoard at one public ~ hearing each, thereby combining the General, Detailed and Final ~ +~ ~i N _ review process; and =` o ~ j WHEREAS, the Planning Commission reviewed the application at ~ ~ i ! their regular meeting on July 11 and 18, 1989 and recommended ;~ o I approval with conditions. ° v .+ s = ~ s . , WHEi2EAS, the Board of County Commissioners reviewed the _ ~ application at public hearings on July 25, August 8 and September - 12, 1989; and ~ WHEREAS, the proposal was modified by the applicant after • reviewed by the Planning Commission and prior to final review by the Board; and WHEREAS, the modified proposal allows 10 free market units EXMIe1T A ~~ -~ - ' - ~.: ~,- ... ~. ~~ ~' J ~;~ .~ ~ "3 ~"", c~~~. _ . ., , r ~a - : 3 > i L~t{Jt5 .}R `it 1 ~ ~ 5~ ~ 't - ~ ~ ~ ~ i is {~S.;F:`/ i ' ~ , ~ ~ =+,,t~i ~7~; k: ~ ~t},~ ',~ ~.~y,~ ~`ftY i1i r=r r. -+ { Z` ~ 4~j ` ~~~, itt j + ~ _ ~tt :~~#f S'< S?tx S_ ' ~ • .~t~{t fiiE 'T ~'~ c; =1 Z?jr y , 'R ~.1 I}~ 3G /~~ l~`} :~~' 1r ~~, ~~ Ii} r ~ ~F ~~ at 7 : ` ~ ' :.i t~~ x~ ~~y} ~ •~1.~ ~ r ` t: i ,. _r s S7 jig 3 V ~ `}~ if`•i Y:. ~ ".-'..ltii f! alY i~i~~A~~F2.~.~.~G-3.i~~i.~{{ Y a ~ ~ . ~ ~iY Y/~~ fn+ :~3"Y.3Y.. = .i ~Y:~~~•d,?t~ _.. ~~ 'F fY~~i5.4~~' _ F~r`~ ._~~L~1 4 i , . `#26457 fig/zi/Sc? fS:31 fiec ~75.Ofj E+E.` 153U FCy 83 :; -; S_lvia Davis, PtFci,n Cnty Cler-~;, Boc ~.c}ti Resolution No. 89-.~ • ? Page 2 with associated employee dwellinq'units'an Parcel A, and prohibits- ~' ;..: ;., ,, the developmen£ of Parcels Band C; and ~'~` (t: Now, THEREFORE,-BE IT RESOLVED by ;the Ptkin County Board of ~ 1~ County Commissioners that they do hereby grant approval to the ' applicant (hereinafter deemed `to include successors and>assigns :_~ of`the'applicant) with the following conditions of approval: ~ - ,,;~ 1. The 'Applicant shall develop and service the property ,,; .:,~ - with an on-site water system. ~ ~ t- [~ \ .f. .. -' _ `~ a. The .Applicant shall, far its on-site ..central '` a 'domestic, water supply system, ;withdraw groundwater ~ i3 ~ ' .'~ from bedrock formations in or below the Fort Hays ~ Q' f ;~, limestone member. ~ c+ -d. < Ott ~• ~ ' ,~ b. The Applicant shall, prior to final plat approval, ,4' . _~ drill a test well and undertake a pumping test "' , _ ;~ acceptable''to the County and'Applicant: :~ ~ ?, `_~ ~ J-. F f c. The Applicant shall demonstrate by 'evidence ofra '~'a' •c Water Court Decree or, finding of the Colorado a cn ' .~ State' Engis:eer of a legal water supply plan for ~ '3 ' ,., the..PUD prior to recordation of the :final (plat. ~ ~' i ~ n ~ _~ 2. The -Applicant shall ..provide additional information ~ ~. ~ regarding the height of the highest structure located 3 ~n ?~ on the, property, proposed lighting;, within the ' +~ .j subdivision, and :whether or-not any radio transmission _ equipment wi1L be placed an the property.: ~ ~ n ;. '~ 3. The Applicant shall. enter. into an avigation '.easement ~ o, ' 'with the Airport. ~ oW 0 :'~ 4. The proposal for fire protection facilities {size and ~ design) and methods shall be approved by the fire. '? district prior. to final. plat approval. ~ _ _: 5. With respect to the west Buttermilk Road,, the Applicant ' shall be required to: ' a. Join an improvement district in the event one is 3 formed and to pay its. pro rata share for future ' maintenance and improvements.': b. Pay for any .damage to the Road which results from the construction of any of-'the homes with the ~ ~ ~~ _~y _! ;; i ,: ~ ~ - _ ~ _. I It i ~'' ij ss~` -t. ~~ ~ - - - - "' ti it y. L. I:P {rr'j~ !-'~ .fA.. .t \.~~~l:i-`'a•.i.i ... .. :. .. ,~~/ ~~~'.=:i ~'h Ski ~f,~ll t~l( Jt~:~(~~/}t i!' t~.. ~!?~•~ :r~ t\~t~t~~-:f ~.~~:: `1 ~}~'"•'' ~!' ~ ~ 2'~ ~Pf^i .. y. _ ~ L.(a~lf~L{1L .-~f i .} 2~ @, C• ~• t q ~ib:. t/~ ~ 1 t * St l ~tU tl..-} I: .. ~ILtK.st.t9~.t-~. .~ ~ .rY ~ ~.. ~ t t~l~ i , i~ 1.~s~ 1 #326457 09/21/90 15:31 Rec X75. C10 Bt: 630 1'G 84 Silvia Davis, Pitkin Cnty Clerk, Dac $.00 - Resolution 170. 89-~ Page 3 1 project. 6• The final alignment of the nordic trail easement shall be determined prior to final plat approval, The alignment shall be made in conjunction with th Council a d n e Nordic shall include an alignment through all of the property (parcels A B d , an C) if necessary. i ~• The employee housing requirement shall be consistent with the settlement -~ agreement and the revised Plan. The total amount of cash-in-lieu sh ll T a be he poard preference, however, is for thre dee O 0 ,~~ ` a e lots to be d restricted to employee housing with the Housing Authority, The. locati ~ ~ ~ •>• on of these lots shall be approved by the Board. - _~~ ~ 8. one caretaker unit may be attached to u :;~ -='~~'' p each house rsuant to Section 3-8.13 and shall be deed u . `! • - ~1 . p restricted rsuant to Housing Authority Guidelines. -, ~ 9• Restrictive covenants for the project shall include wildfire mitigation u :_ ~ } p rsuant to the Colorado Forestry Wildfire guidelines. . ,; ' 10. The Applicant shall develop restrictive co th ~ . venants for e amount of water use for watering lawns and overall domestic use based on the Water Court's decree. 11. The Applicant shall provide restrictive covenants o f r the protection of wildli fe including: ,~ • a• All dogs must be kenneled or leashed. :' :i b• All fencing must be forty-two (q2) inches or less. I ~ ~ F• Maintain native vegetation outside building envelopes. 12. No development of Parcel's B and C shall be allowed. A - „- total of 10 lots shall be allowed on Parcel "A". -~ 13. All other material representations of the application '' are to be conditions of approval. lq. The Board shall not sign the final augmentation plan is approved. plat until an 15. A final plat and Subdivision Improvements Agreement - shall be submitted for the Planning Office, County Attorney and Board approval, Full payment of the employee housing commitment, the lots or a combination r i =. ;'..:,: -..:. 1:^i ;:,... t.%+~ ' - L mx ~• G ~ti <o Y• [J '~ a ~a Y- ~~ ~ ~ ~ ~• o r+ ~ -. r- P 7 N ~ ~ ~ ru n n •• a- -ms 9 ~• 0 0 n° ~ e~ 0 0 ~~ N -, F .Y I i7 (f(~.° 3 .'_ - ~~ ' ~ . ~ - • ,, -~* : • i i 'w, S1 :f b ~ •f . . ~ • 1r'i ti" ~ _'.rt ;r t4 i 'is ~ ,"d` t}~. y7 i1,,e j )177 +-114 . Li)t x~ ( 4t 1 i .St tft Lff '~ \ ~-0 VI ~e IF~A~i}~~ S i;j to 'l~~ktt.,r~~., ~.~ jai i i r a{a'' tit :t - ~~ -0 v ;~:4 '~:. S'• Li k teat a?~3t, ~F~.r'~ {tai 1F~ ~ ! , < 1. ~ a r ~ u ~ j•~ ~{~ ~~ ~' {ii ~,~ }~~21 41 ~,: ~ti ~ T ~ t i~~. lA' ~f~ j ~~ ~ ; t i +!, ~':t ''t.x~i Yt 1AFlA~ a~ ~,~. t er ~ }.. ~ ~. :~~ '-w t•il st ~ ~ 2 b}` ~~~1 '1yy..{f`..Z~ ss--ss}}~~~ f. ~ ~ t {~ i fs~3yr. t E 1 ~,t j .-, t :i'. r~ ~C. :it ,• :a.+-sE~4•`a-_e.: s'•PY:~..~#_nil~.ii :F(t:_}Y's~`.-tA#tJV~~^'k.~3ta. j: 'i'Qt~E~xt.°.r'~.~•"Lt_?~v ":a5-=,_- ~.@?:.~~_f't.>~'i>i,7_.~f1 ~?S!"e1 ~i .Y~};t '•! l#32b4S? n9/2i /9t3 '15:31 Rec ~7~'. th? E+K 630 FG ED5 . Silvia Da~•is; Fiti:in Cnty Cler F:, Doc x.00 Resolution No. 89- Page,4 °~f the two .alternatives shall be made prior to issuance ., "+of a building permit-for the parcel. .:. 16. To the extent any provisions of this`. resolution are r inconsistent with 'the settlement agreement, the F ' provisions of this resolution shall prevail ~` 17. Upon approval Aspen.-Post and Pitkin County shall ~,, ' execute a mutual -general release in the form !' substantially the same as Exhibit ""B" attached hereto. ~ Such mutual general release; shall, provide inter alia Y; ~ i that all claims,-causes of action, and demand`s wade and ~ ~:i ' asserted by Aspen-POSt'and Pitkin Gaunty in the instant ~ 1,1 .; ~ litigation wiYl be fully released' and forever ~o-~ =~ discharged. The executed mutual general release shall ;u o ~! be -held in escrow by Hall ;& Evans, 120:0 17th Street, ~. "~ i ,t (~,~ Suite; 1700, Denver, CO 80202-58.17, ,for a period of u~ ~ ' '.;~ ;i~ _ sixty.(bo) days from the date of final plat approval by •` ~ ,;r•3 Pitkin County._ Following the aforesaid'60-day waiting ;? ~ { y period and if no challenge has been made, the.texecufed r+ sz+ mutual,generai release shall be delivered to Aspen-Post Y•a , _+~- and:: Pitkin County and thereafter Aspen=Post and Pitkin u G,~ i, '- '' ,County shall execute-• and file' with the Court a ~ -~1 ~ 2 ~~ Stipulation for Dismissal Such Stipulation for fi ~ 3 ' n Dismissal shall provide for -'the dismissal with "~ '~' ~ t~~ pre~udice;of civil~~action :numbers 81-M-1400,i,~88-1024 and'88-1091 by and between Aspen-Post aid Pitkin County z (specifically .including tfie Amended Complaint, any ..~ `~ counterclaims and cross clams, and the pending appeal) o - •"• ~ ache art to bear and assume thel` obligation for cyr ' _..: with e y .~ P Q ~I _ .. ''{ payment of its own- costs, expenses, and attorney s n;, ¢ ~, fees. ~P ~ ~ . tl ~•E ~ AEPROYED: by the Board at'its regular meeting on Auguste 8, °o~ k -n +1. =5 ,~ F M1a's 1989.: _. ,~~ t BOARD OF COUNTY COMMISSIONERS ' ~ ~ ~ - OF PIT1CItJ COUNTY, COIARADO ,. r '...; Colette Penne, Chairman. • 2 ATTEST: U • fit' ~~1,`~ w.G`.~;,-. z - ~ , .:~ :!1 :: eanette Jonc~. ~. ~i.. c.,; ,, -, 3(~ _ _ _ _ - G~r - ..r~ c Y .31. y 4 `(.`~:.' l ~! i _ t .. ~. 1. ~~i ,: ~, - . ~, ~r~~~~> ~t' .< . ,-~~ ~: :~ .` ~~ r.. . ~ ~....1 r -` ';' !i :;.i :, . _ .'~ - t :1 _; f :' '~ '' i :~ `.~ ~' l ..~ t ' -! ~i •.3 j S ,! ::~ :. 1 ~3 ~~ ~ ~ .. :,- -.. - ' ~ =t; {. =~45==;.. ~.t1i`. .ii ,~ '~_ `i"t, f .7~ s• : ~' i' ••i~ ;~'= i=. .Yii..'_, • ~~.=:~ri.r: ~,,5!• ~ ~: •'.,.t :•,+~s,. Y;,=. '(...`~j: ,,~ ~.'. 7<',..G. ~:i..t ~ :•Y• /i~:~:'. ti5i•r. a•4~.. . . r :.~ ,t, ~~ +'~';+f:,; 3'•S•,, ~~; .4;.;:.. =.: , .~t_s..=:..:~,~ ':ti~is~~Ys_1.~~. s"'`s: ::'15~~,e...:k:~4~' :b ~t::l 'srsi;:ir: f~ `l: " } .,:,..,.: n . _ . . . . _-_... - #326456 G4/21/9G iv: 27 Ftec ~3G.GG L<}; 630 P6 ?4 ply A Silvia Davis, Pitkin Cnty Clerk, Dac 1;.GG ' . i .; I A tract of lend situated in Sections 3 tnd 10, ?bvnship 10 3ouLh, Forge 85 Kest of the 6th Principal Meridian, befog sore particularly de- scribed as follosa;t 8aginnirg et a point riance the Ssuth 1/4 oorrez of said Section 3 bears S 54'10'17" E a distance of d92.35 fee[, the true point of beginning; !hence N 90'00'00• E a distance of 1320.02 feet; !hence S 00.02'15' E a distance of 760.29 feats thence S 49'50'05` 1s a distance of 246.52 feet; thence S 09'44'01. 8 a distance of 337.01 feet; thence S 38'28'56" x a dlatana o! 63.53 Teets thence S 60.58'20' E ' 0.12 feet, thence 154.31 feet along the ere.of a nave td the right, having a central angle of 98'54'56•, a radius of 89.38 feet, and aubterding a curd hearLg S 11'30'52• B a distance of 135.84 leers thence S 37'56'37• It a distance of b3.17 feels thence 99.65 fact along - the arc of a curve to the left, leaving a central angle of Od'04'16•, a radius of 1402.50 feet, and subtendig a dwrd bearing 5 35.56'29' K a distance of 99.63 fled thence S 33.52'21• K d dLttance of 88.61 feet; thence 80.13 feet along the arc of a gave to the left having a central ogle of 10'43'00", a radfua of 428.10 feet, aM wbtesdin~ a chord bearing 528'30'51" N, a distance of 80.01 feet; theno! s Z3 09'21• K, a diatsnce of 225.13 feet; thence 103.35 feet eloeg the am of a save to the right, having a antral angle of 36'37'01•, a radius of 161.72 feet, and subtadLg a dnrd bearing S 41'27'52' R, d distance of 101.60 fell; thvfte N 30'13'13" H a distance of 60.00 test; thence 5 68'27'47' X a distance of 565.78 feet; thence S 41'29'35• A s distance of 230.52 feats thence s 31'19'43• W a 63stanee of 226.33 feats thence N 00'00'00" 8 a distance of 168.35 facts thence S 89'34'36• N a distance of 975.66 feats thence - s 00'3t'S1• x a distance of 429.40 Leers thence N 47'34'26• K a dsstanoe of 730.55 feet; thence tb1.60 feet along the arc of a save to the left laving a central angle of 36'58'49', a zadim of 250.38 feet and subtending a dwra hearLg N 70'39.05• B a distaxe of 138.81 feet! thence N 52'09'40• B a dis- tance of 101.38 feats thanes 61.70 feet along the arc of a curve to the right t'avisg a central angle of 06'59'59• feet, a radius of 505.01 feet and subtending a chord bearing N 55'39'39' E a distance of 61.66 faeti thence N 59.09'37' E a distance of 92.86 !eels thence 185.07 feet along the arc of a save tb tLe late having a central angle of 70'49'24•, a radius of 148.91 feet atld sabtee,ding a ~ocd bearing F "23'44'55' E a dutana of t72.57 feels tlaeoce N 11'39'46' B a distance of 73.73 feels theirce 212.13 feet alapy the arc of a cptve iD the tights hevisg a central angle of 08'26'dt•, a tsdius ol-1439.25 feet, and subtending a drrrd bearing N 07'26'26• 1r l distance Of 211.94 Teets ~ thence N 03'13.05• N a dtstaaa of 440,86 facts thence 2;7.76 feet aiasg the arc of a save to the right having a- antral angle of 88'35'31', a radius of 153.77 €eet and subterditg a ~vrd baarisg N 4!'04'40• E a distance of 274.78' feet; thence N 85'22'26' 8 a d~.r•.,,.. of 146.52 tacit thence 185.59 feet along the ac of nave to the SeR haulm a central angle of 53'09'06•, a radius of 200.06 feet asd subtending a - chocd bearing N 58'47'53• 8 a distance of 179.01 feet; therxe S 36.22'35• N 0.89 Lest; tbexa S 00'05'21• N 997.b1 facts thence N 89'22'14• E 779.05 fee[f t'hana N 31.5!'08• E 603.62 feels thenos F 00'59'31' E 636.00 feats thence S 86'52'36• N 1019.15 feet; thence N 32'16'52. 8 16.70 feces thence 136.40 feet along the arc oI a save to the right having a Oe+lti71 angle of !5'36'14• a radius Of 500.85 - feat and wbterdinsj a d,otd bearing N (0'06'44• e a distance o! 135.98 feed thence N: 47 53'05' B, a distars~,of. if.31 .feats th~rcp iQ6,j2 - iset slag the arc of a sycve to the sight having. a Ce+tttal iiiJle .ot 32'20!48•, a radius of 188.33 feet acid wbta-disg a eLoed bs'srim N N'03'27• E a diswce of 104.92 Teets thence is a0't3'S3" E a distance of 76.48 Lest; thrice 2!0.21 tact; along .the .arc of a save to the ]aft having a central angle of 34'26'10' a radius of 349.75-feet. asd aobtrtding a chord hearing N 63'00_'48" 8 a distance of 207.06 feet] tlseae F 45.47'43' E a dLtanee of 100.44 feats tlxm 118.36 feet slay the are of a save t4 the right haulm a oaztral angle of 13'q!48•, a radius of 490,95 lest end euSLendim s chord bearing N 52'{2'09• E a distance of 118.08 Teets thence N-00'00'00• E a dLkmce of 375.36 feet to the point of begLvcirg, said parcel opnlatns 74.45 acres more or leas. - Pitkin County, ~~ E X N I ~ I T Colorado n I!) Y• r,,1 < 0~ Y- cn m d Y• ki A 'Q •0 fr ~ ~ ~- Y• 0. [11 Cl Cn rt- 7J `G ,0 n r ~ r GS o ~Q 0 O 2n n a's 0• o° "4 P `_ i . ~, t 1 i~+ 4 ~~. ~.. f..~t 1 I ' • :~> i 's ~ •i. s - ~. r 4. `_ ~~~~ - - : {~ 4 - ~ ~ x ~ ` i v a { S ...~ _~•.a~l ~!> ~ aL~}yi +'~ ~~~1{`~../~r +~Lf\ r~ 3~(r fiit a ~:tf 1{ ~! ty#'.'S ,.t ~j~r ,+ f5 t 1tL F. ~~1y S,~ t OTsf, s!`z'fn~~3`l ~~T~;~'1`~f~~1;~ c>..z ~ i. {';'~aSY {scsl6~~ISS ~~1-. , f .~; ~~i~4.r~ '~ ;~~.~ # ~ '.+t . ~.r~ c. -A r'i~t ~ J '. ~. ~ t c ~},~°~ ~{~'~i't~Y,. { 1 A t~' `s }: e . r ~~~ Fi~{c.::'l- e.~:f~ F ". iSC 3• fyy lei&.~.L. _ i~.l'iY..P L^T:.~•:a ,....ESL ~~•au,+~._ .7a ia_:.a .-.tf. ~ .`~ ~! 5 1 • ~~ ##326456 CT9/21/9~= 1:2r .F;ec ~3ta,i~iT Cii: b30 PG 75 _ ' :. •- PA~~ Silvia Da*tis, Fitkn Casty Cler-h, Dac 2.ci0 1 A ;tract of aar~i situated `in Section 10, Rbwnship `70 South, range 85 ' ' West of thA 6tti Pcincipa3, Meridian,. being more ~rticularly described _~ as fiollows:. Beginning !tt a point Nhence the East i/4 cornet of said Section 10 Sn _ ber,.rs S 71'46'59° E a distance of 1125.94 feet, the tiue point of :- r - beginning; thence ~• ~ ~ ..`'+- 8t 89`59'4$" W a distance of 584.87 feet; .thence - ~ '~ ti i . ` N 10'56'28" E a diStant~ of. 139..$1 feet;..:.. thence.. rs n `-., _. N 22'26'82" E a distance:of 352..92 feet;:: thence < .o ~- PI.43°00'40" E a distance of 90.00 feet: thence ''- fa FJ - ~ S 84'27'T4" E a distance cf 98.62 feetT thence r ~ p f ` S ,15`83'58°-E A distance of 235.05 feet; thenee;i -n ~ ;' • r•3 ~} 5.30°18'11",E A 8stance of 300.91 £eet} thence" ~. ! S 54°38'27" E a distance of 5$,61 feet ~ t2+o pint of beginniCXJr said ~• ~ ; perce7.cxrntaining 4.04 acres more or less. ~ n r :~ r n co _~~ ,_ ~ `! PAE2CKG C . {1 ~ T ' A tract of 2'atxS situated in Section 10, Tbwnshin 10 south, ;;fie 85 '~ n -' ~ be' .more cularY `ldesczibed ~ ~+ :;,,~;~ West of the 6th'Principal. Meridianr ~1 ~~ Y ~ - ,1 - } ][ x-~ Eegir~ning at a point whence the East 1/4 wrner of `said Section ' 10 ~ ° ,~ bears S 00`33'11" E a~ d35tance of 351.93 feetr tha tive,point of o ,r, beg~cuun4f thenf:.e, _ ~ n fY ~~. :~~ H 89'59'45" W a distance of 86fi.TT feet; theriee ~ ~ q~ N 45'03'37" W a distance of 221.35,feet; thence' ' ±::' ~ N 21`52'58" W;h d3atance of 314.97 feet; thence e o `~ x T9'21`16" E a distance of 234.44 feet; thence n _~ x T4`SS'21" E a distance of ?39.01"feet; thence N N 62`34'36° E a distance of .T34.16 feet; thence ~ -~ N 85'57'43" E a distance of 90.14 feet; thence F:;~ N 55°27'06",h a distance of 144.22 feet; thence ,~ N 23'02'48" E a distance of 202.36. feet; thence + `~ 1!I 11`11'43° w a distanee.of 103.T8`-feet; thence ~ ~ ;~ S 89'14`40' E a distance of 641'48 feed thence ~ 3.00'33`11" E a.distanoe of, 1330.34 feet bD the point,of begitu~ingr _~ said parcel eontainitig-26.40 BCL'E3 mxe'or less. '~ ~~ '_ ~t ~y I ,` # i -2- .,~ _'~. i ' a .. I ••.... ~ ...E } ' .. E r,~ - ~ 3s.4 {tf 1 , ~., - Y4 ~S s. ' -• •1 '~ ~ . . ._• -~ 1;~~ .!. •. t _, ' ft ~ ~.? ~_ ••~1 . 'is'. ~., ~ .' ~_- 1 ~:' l~ '~~'. zs r =~~ ,t ~`(. .ry ~~i . ~,; . ~ . =1 _-.~=<, . fY: -. ``I .~ .:.. .3 - `~; .:'',, " ct •:t - ~%' :_: Item ti<; i ..:j. eI~ZS>~-FC .~Y 7'4 t, ,r ~.. ;~>:~i if ~i.. ~; },. ji~ _t. ,. Y~ `,4 f; r `•.r f ~ .1 ~~f~~~ I f(fi•~' t Z~.rs!'r.'{f1a. .1('~~E. ,~~• ~ti ~. ~:.' i ~~J~,It: ~k)'~`'il ~t,~I; • ~,]!~ ~}~.,r~hl~~" ~,1'{la' w~~l ~ z.,., qy~~ ~~ ~71` t ~. t ""g;~4~R~~.~iZia,~:1 `-~15~? 'in}ii .~~2f' ~J~i~~~. ,.:_ . r ~ it ~~t~ISL'~~ ,t~ .~rfyY~4~f ll- t{ 3• un s !A fSl'. • -ili ~ iult uranl! AY~AIIe, Suite 21 ; ~; _ ~y Glenvrood Springs, Colorado 81801 ~ ~~` `%` (303) 9d5-1004 . ~ ~~ [O!lSUC-fhf. EKCIAC[ASC SUAYE YDAS ~ #326457 09/21/4p 15:31 ftec ~75.pQ BK 630 PG Q7 _ Silvia Davis, Ritkin Cnty Clerk, Doc $.Op ASl?}.'N BDTtERMILR I~S$Q_ CTATES . IM1'RaiPXEN15 CQ6'P F~"@4i2F$ ~ - - CN-SI'1L' L>11TL'R SY:il'i'1H (L~yL SbURt'F:1 ~f';', I' - - ~ ~ t? A. S4ater Dtility ! -- '. -- 1'. • 4'7ell with piaop - 2. Zi~irer inot, sTalerlire 3. storage tzrilc 4. Control building 5. Cistern - C• ire Protection - I B. Electric Dtili ~ . - C.- 9talephone polity - 1 D. Cas IItility E. Ib3dsrdys' - ' 1. Earthwork • a. • b. - 2. Clearing - - 3. Face Oourse } . 4. Fab"ric 1 . F. Revegetaticm •• ,.::.. , . '~ Revise `~`"' ~ ~ 9025 . ~- `. ... r }- Unlt .Onit Zbtal Quantity COSt 'Cyst u~ w ~N 1 S 25, 000 $ u, 000 aooo rF 20.00. eD,ooo 1 25,000 25,000 1 15,000 15,000 1 - 10,000 10,000 Sub total $155,000 2800 IF 15.50 42,000 2000 LR 20.00 44;000 4200 IF 5.00 21,000 fi900 LF 5.00 - 34,500. • 700 I~ 2100 IF L: S. 4500 Rb;l 5500 S4 20.00 14,000 10.00 21,000 '+-•••Y+ `-~ 9,800 10.50• 47,250 0.90 ' 4.950 Sub total $ 97,000 • 0,15 ' - _ 40,800 272,000 SF ~~ EX11181T B ~t~ ~ $434,300.. . "'- y Q? d <~ Y- \ N ~ v- O r Y• Q` 3 •• UI Cl ~1 r~r n ~ ~ ~~ 1f 1 N J O "o d - n ~ OQO .. ~ - Q • •' 71. ~ ' 1~ - ~ • ' ~'+a f. ., l_ y ~ j~~ __ _ _~ I ~,} S)'~ ~ ~. of a it ,~; ,~yi~y~, ~~1~is~a~f a~}~`. ~}~~,~~~tisi `~:}'1f ~e _ f31, ~:,;, a~.i's``~~Yti~l:. .: "?§lt~d~1 1~s.1}!'yi ~I~34'~.':~.~il'~r~+:~sf't'j:3 .!-:r:t. - ., ~ ~ #3^~b457 t-~9l21/'9t} i5::~i Rec ~75.C1t? Esk. 630 FC, 9b - ' Silvia Davis, Pti:in Cnty.Clerk,, Doc ~.tlQ t_ • Resolution No. 89- Page 5 I ;i . APPROVED AS TO FORi'S; APPRO~/ED AS TO CONTEiiT: ~, " '-;~ ~,~t~ °: ~.' ~ ' i" Thomas F. mrth, Amy lrgerum, { County Attorney. Planning llrecJtor _, '~ ` - 1 : _ ch:ab8 ~ ~ •~, ' Y ~ ~, i. ~ f!' ;~ ~ ~~ ra ,~+ ~ ~ ;a _ is x • 1 ~ < ,°p :`~: I N- ~ _ ~~~ m t~ c1 - _ ~, ~ _ -~~ ~ a i _ tr y ~~ ~ ~3 "~' ~ ~ cn 3 -< ~i ft ~ . "~ r3 ~! ,. `. ~ ~. ' ' 3 tR ~- . Q t ~~O' ,, n E. O rA ,~ 4''~ _ iA P O O 5; n _7 'O •~ _ ~ ., ~ N ~ ~€ :~ r # , ~ - .., 1 -y~ ', i i t !: ~ ~ ~~ .. ~ t - ~, E, 4" ~ ~-, . y _~ 5 [, y~.. - _ - - , ,~. , j'~ r tie_i - ", . • .~ .~ . ' {j j _ rc* - ':a.~ :?rc:~S~,14~~..~~~~12#b~+~~dtt! t"f~Jt~f'`~.t-:~'k'_- ~ ~.. i .1 F, ._~. :: ~. '° . :: 'i ~~;: ~, r. :. ~_I ::•~ :. ,. ;- i~. :~ ~i~€~ :.., ~~) 13L~ #326456 g9/21/9q 15:27 Rec ~3q.gq B~; 630 PG 71 Silvia Davis, Pitkin Cnty Clerk, Doc $.qp #326525 g9/24/9q ib:55 Rec ~3q.gq BK 630 PG 243 Silvia Davis, Pitkin Cnty Clerk, Doc 3.Oq i 6. Roof coverings shall be of a noncombustible Underwriters Laboratory (UL) approved material. 7. All power and telephone lines shall be underground. 8. Motor vehicles shall not be parked in tall grass in order to avoid hot mufflers starting Eires. 9. No structure shall be placed on any densely vegetated hillside with a slope greater than thirty percent (30$). 10. All dogs must be kenneled or leashed at all times when outside any building. (920 11. No fencing may be higher than forty-two inches ). 12. Native vegetation shall be maintained outside the building envelopes. The foregoing restrictions, covenants and conditions shall be binding upon Declarant, its successors-in-interest, each owner and his, her or its respective successors-in-interest, and may be enforced by Declarant, by any owner or his, her or its successor-fn-interest, or by the County, or any person or agency duly authorized by the County, to enforce all or any one or more of the provisions hereof. Declarant does hereby submit the thereonyto the trestr tionsencovenantsoand coedit ons setrfotth herein, which restrictions, covenants and conditions shall be a perpetual burden upon and shall run with the land, and shall bind the same, indefinitely. At such time as a declaration of covenants, conditions and restrictions is duly placed of record which includes, among other things, wildfire mitigation and wildlife preservation restrictive covenants, and which specficially supercedes this Declaration by reference, then this Declaration shall thereafter be deemed to have been superceded and shall thereafter be null and void for all purposes. ejtMLA0119 ~/ _ NTt C . ~t -2- •. :°~ ' ~~?,=, . ~.;-_` ~'-,. i ! ~ f A r•1 - ~ ~ ,, _ t , tt 4~i • , ~~L , . ?hS t r y '' r S ~ ~ ~ ( y j,..{,ft~ Ep _. ~ i) C li#A ~~J'~j YET #~?~}~~~ ij s~~:)l/ ~~~lf i~~J t~ Ys~" , • i1(~}~t afe.~t.~iii.. ~`: tined s Lh~. 145' tt..s.a 4.s. [. ' f _t * #326456 c]9/21/.90 15:27 Fec ~3U.47C1Do}c ~3t7'-'FG 70 t 5ilvi~ Davis, Fitkin Cnty Clerk, #326525 O9/24/9t] ' 16 e 55 Stec ~3C1. hn E<K 63U F'G 242 , Silvia Davist'F'itE:in Cnty C1er~k, Dec ~Ur? :: ~- DECLARATION OF RESTRICTIVE, COVENANTS ' .' :~. ~. - <. ~, - THIS DECLARATION OF RESTRICTIVE COVENANTS is made this ~~_, ' d~~~ day of }~~ - , 1990, by ASPEN-BiITTERMILK - , ASSOCIATES, a Colorad' joint venture (herein the "Declarant"). RECITALS { WHEREAS, Declarant is the, owns"r of certain real property in the County of Pitkin, State of Colorado', more particularly. i F described in Exhibit A attached hereto and made a part hereaE ;- ~ ~ tthe "'Property„); and` F; „~. x ~~ ~ WHEREAS, Declarant has made application to the Pitkin.! ~ , County Board of .Commissioners for' approval of ,a subdivision plate. ~ F • Covering the Property knoyin as Eagle .Pines Subdivision recorded id Book 24 .~-'' Pages 93 and, 94 in the records of the Pitkin County Clerk and 'Recorder. WHEREAS, pursuant 'to Resolution No. '89-87,'', adopked by •~ the Pitkin Board af`County Commissioners on August 8, 198'9, the - - Declarant is required to develop and provide certain: restrictive :' --~ covenants as a precondition to fnalapproval of they subdivision ': .: lat • and.. P WHEREAS; Declarant wishes to comply with the provisions '~ ~ of Resolution Nb. 89-87. `~ ~ - NOW, THEREFORE, .Declarant hereby declares that the _ Property is and. shall be held, conveyed, encumbered, leased and °L •~ used subject to the following uniform restrictions, covenants, _ ~, condit.ions and equitable servitudes in furtherance df a plan For F ~,g the subdivision, improvement and; sale !,of the Property, and to '~ enhance the value, ,desirability and attracti=veness" of each and every portion or lot within `the Property, to-wit: 1. Trees and shrubs shall be thinned-or cleared, as ' ~ necessary, to ,within thirty (30) feet of any residence. t` ' 2. All roofs shall be kept .cleared of debris. ' - 3. Firewood shall be_stacked on .a` contour .away from buildings. ~ F 4. The base of- buildings shall be kept cleared of •' - weeds and debris. 5. At least one {1} ten-pound ABC-Class fire extinguisher shall be placed and maintained in each structure. - ~; 5. -. ', ~ 'i , / + ti r ~ ,, , , .• ?y> ` , - ~ - ..i ~ ;: :.~x. . .~: _ .. ,, ~.~." . ~: . ~,; •, Stitt' - - I '. '~. t: 4 .l't,; ../l' ~~: i ~ _'.} .rL~t i r.~S~7'5: ~~ y, .. ..;...~ 1, j . i ~~~ _~. vi' rP, Ali 7 !a.'. ,'+,~1 l~~ ~• ;~;.i' 1~ `ijl: ~~.~~r~~:~t;.~ >4'~`r1 ~~ ~ ;il" F~'1~~ N: 4,/.~. %. ~~ ~~:f~ Jf Z~FIYra t".}t}K 1/~1 ~j/.: ', a.` .': 'y ' 1.~?~. i'. +~iJ@i l ,~ ~ j3~~ +•''~l~{ i ~r 1I~SY?~i}"'2~:q'~r. : ~.5 : ~{7 P ~•~~rt~ ~ %. ~r'~~i~~fjyi i~..'~~~.i.t e ~ i~".i ~Y~~i.~ $, ': `.? =t~1,~F`ii~i~~•.?7:~`x.:1 ~.~P~'1 'irtr:~l:~... J~: ~:. !. SS ~tr fry. ~~.V>.-• ~~Q.~11'tt'~s,~il~'4'STIiT: /~ i 'i5•?'. ~Sr ,{~>'.. • #326457 09/1/90 16:31 Rec $75.00 81: b30 PC, 89 • Silvia Davis, Pitkin Cnty Clerl;, Doc $.00 (Date) IRREVOCABLE STANDBY LETTER OF CREDIT LETTER OF CREDIT # BENEFICIARY: Board of County Commissioners of Pitkin County Colorado 506 East Main Street Aspen, Colorado 81611 s-`•- ~•:-~ r• ;,~:. "s' ~•i •. I ~- i Attention: Thomas F. Smith, Esquire To Whom it May Concern: We hereby open our Irrevocable Standby Letter of Credit # in your favor available by your drafts drawn on (name and address) at site for any sum not exceeding in total $ for the account of ' Drafts must be accompanied by the following: 1. Each draft presented must state that it is drawn upon this Irrevocable Standby Letter of Credit with the undersigned ' , showing the date hereof. 2. The advance must be accompanied by this signed Letter of Credit. 3. This Letter of Credit shall be drawn upon only if the Board of County Commissioners notifies that has failed to perform the obl j gations described in the Aspen Buttermilk Associates Subdivision Improvements Agreement attached hereto as Attachment ^A,^ and an affidavit by the Board of County Commissioners is presented to that the notice rights set forth in said Subdivision Improvements Agreement have been met and may be relied upon by .f Each draft must bear on its face the clause ^Drawn under Letter of Credit # , dated , of the ~~ Except so far as expressly stated herein, this Letter of Credit is subject to the ^Uniform Customs and Practices for Documentary : Credits, 1983 Revision, International Chamber of Commerce ~ Brochure No. 400.^ - ~ We hereby agree with you that drafts drawn under, and in compliance with, the terms of this Letter of Credit will be duly I honored if presented to our counter no later than 4:30 p.m. } M.S.T., on or before July 12, 1993. ~ EXHIBIT e/~ ~ N ~ ~• r~ ~ ta) Y• (A eo < •o Y• ~~ ~ ~v o rt P ~ cn ~~ ~ ~ n r to m ~t ~ cn v • 0 0 n n ~ t~ 0 0 1PJ M :,~;~'. ... - . j+•? ' '• L i i° r~ "~: -. l ;:. - ~ - ' <' ~ .. - . ..I ,~; =.~.1 '~. ~ - ;$ ;d \ I ~ ~ p Ll ~ . ti'. ~~. ,~• .t 1~1 a:•pC1i ~y,AS,tj:- ~ iffl ~tr, t' s.. ; S •._ ~ _ Ara ')~i ,.. `1~rf4t Y~~`): fv q! ;t ~ \ 1r f~S~# pct~~~,~~Ti'+S. ~~~ r+~' ~a ~~ ` ` ~ ~`i15*' ~' l~;S ~ s~ rS~ '`ter r~e~~f 4tifkZPt,. .~. `~yLt t~~i~ ~ G ~~-gr • ~~tr r. °j ~j¢~~~df~~~F ~~.ifj ~t~td2 i))yy~~ 4 y t'i < «1 t{'~E~"3.~+~i'Rt ~ #_~i.~}tB~~K i~ZS4a~r~C~~' `..4r~ =4 ~;. i~12 Grand AvAnl,e, Style ..12 o ---- SCHMUESFR GDADOfl HEYCA lAO.r ., ~ ~. GIBnWOUd Springs, ColOrndO'81.601 •.. _ - _ (3O3J 945-7004' 4 .. ; _. i - • CONSULTING EKCINEEAS L SUAV£YOAS - .I J ,' ' asp l~err~~ ~socrnm~s _ . mPRDVr~ bar ~ . ~~ . ~ -. ~ i~cir~ AA'ILt2_EiYS`i5'S~1 F.X'i~5I0N ~ , - i -. ~:;• #3~b457 09JF i /9C~ f v: 31. Rec -~75. UU I P}: 630 FG 88 i - Silvia Davis, Pitl~in Cnty Clerk, Dac ~.,7n ~~ _ ... I Unit Unit 'Ibtal - Ittm Quantit Cosr_ ICOSt ~ <.: ___- ~~ 1, = _ ~ ~~ , _ ~ ~ 1~ Aater Oti7.itY l '1900 IF ?O.OD $38,000 ~ ~ ~ ~. ,. 1. Six-inch -ralerline .. - ' 4 2 DOD 8,000 l~ `~ ; ; 2. Fire E~r~,rtt , _ ~ \ .i _ ,, ~,:,j' j _ Subtotal ' $a6,000 - ~ ~ - ~ ,+- , _ "• a• $. Electric rltility: 2800 LF 15.50 42,000 _ ' ~n -, ~ ter, ;`- 2000 TF 30.00• 44,000' ~ ~ ~ , ~ n 4200-LE' 5.00 21,000 n - C. Tele~ho~e ptiiity ~ ~ l 6900 GF 5.00 34,500 ~ c~- D. Gas Grtihty E .:" o - ~ i o ~ E. Iiaadways ~ . n rs 1 Farthwrk j - ~ u a. ~ 70© Tom' 24.0019,000 " °o 0 ~. b. I' 2100 I~ SO.OD 21,D00 ~~ .~ ~ T~tp Stan 9,BOD 2. Clearing [ L•5+ 45DD Rbu 10.59 47,250 -~ 3. Base Coarse _ - 4. Fabric ~ 5500 SY 0,90 4,950 - ~ , •' ~ - Sub total $, 97,000 _ ; _ _ - P. Revegetation~ ~ 272,000 SE D.15 40,800 ~ ; • _ ~_ Zbtal ' $325,300 l - { ~ Revised Oi/23/90 ~ E~ - 9025 I - , t ., 4 ~ _ .. } .. '.• .~ 7~ ., .~ t x $' s '~~ ~ _ ... ~ . ' •y ~'fa1' '• t .~~ .~~.{~ it .. • ~f •r~ ~ ~.1 "~. ~ ~j)~C M1': fitr. ~...,~ . ... ,~~#' Fa~,.;~ ~~h i'~x.j~N~.~~ : i .} . ~. r~~Y~ ~r F'~. ~j. d-~;`. `~}`~ :t~,~{~~!~'•• *`Ii -,f f: ~`~ ''Zti.c l.fry'f~j~•('lsj{ y .~~,~'1`' •Y. 1.;~. r• ~ ~ti~,l,~''~'~`f} 1F~`t..~~i~ ~~~ ''':~jY'3! ~r>X•-~i 7~~1 ~'i. ..r~'~ .. rJp~'!j~ )ail • ..l•1 •'~~}A { ~~~ ~ i tj 9 ! '; f . .,.:i7~ ~ sy ~~ f ~ ~3• ~a..Z l~s}[.3t }t~r.~+ , :~ :'F~•.. .. 441 ~`.., yyy,,, bF...sfi3 R~ 'jt ~'r.:1Lr. '%T~T.~ 2~jf~~r i.' ,yP ,. .1 ~{3~r~i f~ "41 3~f ~~ ~ ,=ii 4'L..V~~~~1! .. mfr T ~ f-,y.~~~ ~ ~1~ ~ h..:: } +~ : ~2'~ ' ~~ Y' i ~ ~~ r ~ ~ t' . R .. ' ~ 1 ' ,+i' ~'~.. Y=F-: ~_,,.~.~~'CS~e~:~.~iei!r~d~~:',.7g.:1.f',~~?11F1' }17,}`r y'e`.. .~ r.!' ~. ~ #326457 09/21/90 15:31 Rec $75.04 DI: 630 FG 90 Silvia Davis, Fithin Cnty Clerks Doc 9:.00 This Letter of Credit expires July 12, 1993, or upon satisfactory completion of the specified improvements, whichever first occurs. This Letter of Credit and-the attached Subdivision Improvements Agreement set forth in full the terms of our understanding. Upon mutual agreement of all parties, the expiration date of this Letter of Credit may be extended to correspond with an approved construction schedule for Subdivider to complete the specified improvements. i (S gnature) N ~ ~ ~ ~. ~ z• ~ l . ~ FJ P vy -: -~t d a t'.S < ~0 r• w to ' ~ A ~ O • rt W Y P 7 n ~ 7 rt 7l ~ ~ n n ' r ~ e ~ ~ ca x .. ' o 0 a ° R n ~ ~ ~ .~ o c v .! 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The Pitkin County Community Development Director will review the application. Please return your comments to me by Friday, February 12, 2010. httn://www.aspenpitkin.com/Portals/0/docs/county/Com%20Dev/Planni~and Use Ap plications/P005 10 ann.pdf If you require a paper copy of this application contact Bonnie Waechtler at bonnie.waechtlerCc~co.pitkin.co.us or 920-5109. Thank you. From: Elaine Santucci <elainejis@comcastneb Subject: Lot 5 application for a second driveway Date: February 7, 2010 5:27:52 PM MST To: Elaine Santucci <elainejis@comcast.neb Cc: Elaine Santucci <elainejls@comcast.neb Dear Carrie Anne Holcomb, 1 have been a resident of Eagle Pines for eleven years and an active member of the Home Owners Assor.9ation Board. The covenants have always been abided by all of our residents. This is the first time we have been repetttively challenged on an issue. Lot 5 is being built for resale and when the home is sold Mr.Whipple and Corr~any will be gone but our home on lot 6 will still be there and we will suffer the consequences of the second driveway. The original plans for lot 5 indicated one driveway and these were approved by Eagle Pines Homeowners Associatbn (EPHOA) and by Pikin County. A second driveway was poured and cemented in without previous knowk3dge, or consent, or approval by the EPHOA ar Pttkin County. This second driveway interferes with lot 6 homeowners peaceful enjoyment of the ddveway. It presents hazardous ingress and egress to bt 6 as tt intersects the driveway on a blind curve. It must be noted this is a driveway not a wide road. This also signrficantly devalues the property valve for the home onbt6. December 30th 2009 meeting, the EPHOA Board of directors denied application for bt 5's second driveway. This was done after lengthly consideration and discussion wtth Jahn Devine, Project Manager, representing lot 5, made their arguments known. i am requesting that Lot 5 's application for the second driveway be rejected by Pitkin County. Sincerely, -%~u~~G~~~~~~ Vincent Santucci Secretary Board of Directors Eagle Pines Homeowners Associatbn 0400 Eagle Pines Drive 970 925 1280 ~ o-~' Z Page 1 of 1 Cari Anne Holcomb From: DFSTUART@aol.com Sent: Thursday, February 04, 2010 6:11 PM To: Cari Anne Holcomb Cc: vincentsantucci@comcast.net; DFSTUART@aol.com; matt@beachresource.com; mmc26@aol.com Subject: Eagle Pines lot 5 Attachments: L05_2nd_Driveway_permit.pdf Dear Carrie Anne Holcomb, I refer to the attached application. Allowing this application to pass, directly violates the Eagle Pines HOA CC&Rs. This must first be passed at the HOA level before the County of Pitkin should be allowed to approve it. I am sure that the County has no desire to get involved in a possible HOA suit. This permit application is a tactic that Lot 5, of the Eagle Pines subdivision, is using to go around our CC&Rs. I am opposed to failing to adhere to our current CC&Rs. This driveway imposes a safety issue for the neighboring home also this additional driveway devalues the adjacent property. We as a group at Eagle Pines have all adhered to the CC&Rs, Why should this owner not have to comply? Sincerely, Doug Stuart 277 Eagle Park Drive 970-925-1989 Douglas Stuart Wapiti Lodge P.O. BOX 550 Woody Creek Colorado 81656 USA an~iaoio PITIQN COUNTY COMMUNITY DEV>~LOPMENT DEPARTMENT 130 South Galena street Aspen, Colorado 1611 (970) 920-5526 FAX# (9 0) 920-5439 January 22, 2010 John Devine 124 Vine Street Aspen, CO 81611 jpfloatingnu,comcast.net Re: Lot 5 EP LLC Subdivision Exemption for a Mino>• Development Permit (CASE P005-10; PID 2735-101-01-005) Dear Mr. Devine: The Planning Office has completed its preliminary review o the that this application is complete. After a more detailed revi w information specific to the application may be requested i or application. The planner in chazge of the review will requ st If you have any questions, please call Cari Anne Holcomb, t~re Sincerely, Amendment & Minor Amendment to a captioned application. We have determined f the submittal information, additional ~r to adequately review and process the re information from you directly. assigned to your case, at 920-5092. Bonnie Waecbtler Administrative Assistant PITKIN (~JNTY COMMUNITY DEVELC~VIENT Permit Receipt RECEIPT NUMBER 00028787 Name: Lot 5 EPC LLC Date:1/19/2010 Project Address: 350 EAGLE PARK DR Type: check # 1761 Permit Number Fee Description 0005.2010.PLAN PP-Flat Fee 0005.2010.PLAN PP-Clerk Tech Fee Total: Amount 1,496.00 25.00 1,521.00 6~ np iG 6Wq 08 :~ ~~ n~ ma ~o €: "s~ ~S ,: _;,. ~P LOT 5 EP hIINOR PLAT A.~iE1VDE~~fENT AND SITE PLA.'ir 360 EAGLE PLVES DRIL'E, LOT 5, EAGLE PLVES SG'BDIVISION-PARCEL ID# ti735-101-01-005 PIT$I'V COLVTY, COLOR.4D0 qM1?~ \ "1 ~a s ~ `:~,>~ !MA aL ME P£Y !RE3hti •~ EP $~ '1iF ON1K3 YLfi'Grt+.£ W. s. z;.R t .69 ~ aws- rwa canTr cawrEO xscmm au M5 a wT 9aae~su~•mai. v>•A .s ~- to Px-am"x 'a PE WC'31i £+E9 6N- 91^-e NR.M YNIXW tidE MO M'1V'Y G'YFlYE4 iA3FRtlP£ ~6 KWCL< aOIIOSFFY9 Mat KPa15 5 MFM MPMbR B V'v^ti ~.^JP'T @ M 4'E C[ S M4R:1V[T'Y YIL.® MFRS Ma 1Wt' E^ i 3tE P!ICPFP'T N! 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