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Home My WebLink Aboutpitkin.planning.273511101005DOCUVIENT`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) RECEPTION #: 581628, 08103/2011 at 09:35:29 AM, 1 OF 6, R $0.00 Doc Code ADMIN DECISION Janice K. Vos Caudill, Pitkin County, CO ADMINISTRATIVE DECISION OF THE PITISai COUNTY, COLORADO, COMMUNITY DEVELOPMENT DIRECTOR GRANTING APPROVAL FOR TIIE N2ZASM LTD ACTIVITY ENVELOPE REVIEW Administrative Decision N0.55- 2011 RECITALS 1. N2ZASM LTD (hereafter referred to as the "Applicant") has applied to the Community Development Director of Pitkin County, Colorado ( "Director") for Activity Envelope Review. 2. The property is located at 301 Pyramid Road and is legally described as Lot 13 of the BOCC approved Aspen Tennis Club Subdivision. PID #: 273511101005 3. The Lot is approximately 1.4 acres, is in the R -30 zone district, and is conforming in size. 4. The Lot received 1041 Hazard Review approval pursuant to Administrative Decision No. 98 -2005 (Rec. No. 515751). This approval repealed and replaced Administrative Decision No. 77 -2005 (Reception No. 513867) for the purpose of the addition of a condition. Building, access, utility, and landscape envelopes were recorded at B82 P1 (Rec. No. 515751). The approval is no longer vested. The Lot also received approval for a Subdivision Exemption for a Lot Line Adjustment in 1978 pursuant to BOCC Resolution No. 78 -101 (Alderfer Subdivision Exemption). This approval increased the subject Lot by an additional .293 acres. The Subdivision Exemption Plat was recorded at Book 7 Page 1. A permit was recently issued for noxious weed removal and general landscaping. The proposed envelope is more than 100' from the high water mark of the Roaring Fork River and also avoids the 100 year floodplain of the River. A previous approval indicates that the Lot is located within a low wildfire hazard area. A portion of the proposed envelope on the uphill side of the property (southeast) resides on slopes > 30 %. The Applicant states that this area is for the specific purpose of replanting trees that were removed on the adjacent property (also owned by the Applicant) to address sloughing of the slope. 6. The Maroon/Castle Caucus and the Tennis Club HOA were referred on the application. Comments pertaining to the Subdivision's covenants were received. The Maroon/Castle Caucus did not comment on the application. 7. Public notice was published in the paper on May 22, 2011. The Applicant mailed the public notice to the adjacent property owners on May 19' 2011. No objections were received within 30 days. Comments were received from a neighbor who expressed concerns about the intensity of development and general construction management. APPROVED by the Director, subject to the following conditions: The Applicant 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. Page 1 of 6 55- ZO 11 2. Prior to submission of a site plan application, the Applicant shall be required to submit for approval by the County Attorney and Community Development an Activity Envelope Plan in accordance with Land Use Code Section 2- 30 -20(g) and Application Manual Section 2.1.1. The above referenced approvals shall be a condition precedent to finalization and recordation with the following note: a. The activity envelope plan shall indicate that the area of the envelope that contains slopes > 30% is for the specific purpose of replanting/revegetating the slope and that no buildings are allowed in this area. 3. Site plan approval is required prior to submission of any building permits. Approval of this activity envelope does not ensure approval of site plan review. 4. No structural development, with the exception of fencing, in excess of 30" shall occur within the setbacks of the Lot. Landscaping in the form of berms shall not exceed four feet from the most restrictive grade. Any external development located within setbacks mandated by County zoning regulations shall require a variance from the Board of Adjustment. 5. The parcel is exempt from Growth Management up to 5,750 square feet and cannot exceed this floor area limitation without approval for use of a TDR or successfully competing in the Growth Management competition. 6. This approval repeals and replaces Administrative Decision No. 98 -2005 (Rec. No. 515751). 7. The Applicant shall adhere to the following low wildfire standards. A. Defensible Space The area around all future buildings /structures, limited by property boundaries that may limit a property owner's ability to comply with this section, shall incorporate landscaping with wildfire defensible space considerations as follows (note: actual vegetation manipulation to meet these conditions may not be necessary where the natural vegetation patterns have already fulfilled these conditions): 1. Brush, debris and non - ornamental vegetation shall be removed within a minimum ten -foot (10') perimeter around all structures. 2. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels at a minimum of a thirty (30) foot perimeter around a structure built on flat ground. (For greater slopes, reference the CSFS Safety Zone chart in Wildfire Guidelines For Rural Homeowners, which provides general guidelines that may be modified by a wildfire expert acceptable to the County). 3. Spacing between clumps of brush and vegetation up to the thirty (30) foot perimeter shall be a minimum of two (2) times the height of the fuel. Maximum diameter of the clumps shall be equal to the height of the fuel. All measurements shall be from the edges of the crowns of the fuel. Page 2 of 6 56 -zaII 4. All branches from trees and brush within the thirty (30) foot perimeter shall be pruned to a height of ten (10) feet above the ground with removal of ladder fuels from around trees and brush. 5. Tree crown separation within the thirty (30) foot perimeters shall have a minimum of ten (10) feet between the edges of the crowns, except for mature stands of aspen trees where ladder fuels have been removed. In areas of aspen regeneration, understory shrubs and down and dead materials shall be removed.\ 6. All branches that extend over the roof eaves shall be trimmed and all branches within fifteen (15) feet of chimneys shall be removed. 7. The density of fuels up to a one hundred (100) foot perimeter of the structures shall be reduced where natural reduction has not already occurred. 8. All deadfall up to a one hundred (100) foot perimeter shall be removed. 9. No new conifer trees shall be planted within ten (10) feet of a residence. 10. No flammable mulches shall be placed within two (2) feet of a residence. U. The property owner shall be responsible for the continued maintenance of the defensible space vegetation requirements. B. FUTURE ACCESS 1. Driveways shall be built to County standards; however, these standards may be increased to mitigate wildfire hazards based on comments provided by the Aspen Fire protection districts and/or a person approved by the County as an expert in wildfire area designation and mitigation. 2. Cul -de -sac turnaround pads shall have a minimum of a thirty (30) foot drivable surface inside turning radius or a hammerhead or other T -tum area acceptable to the applicable local fire district. 3. New driveways and access roadway shall enter the roadway at a ninety - degree (90 °) angle for the first twenty -five (25) feet of the driveway. C. WATER SUPPLY FOR FIRE SAFETY 1. Any future fire department recommendation for individual structure water supply and storage shall be accessible to fire department vehicles from the exterior of the structure through a fire department approved mechanism (such as a fire hydrant). The amount of storage capacity shall be determined by the fire protection district with a minimum of one thousand (1,000) gallon storage capacity per structure. 2. Regardless of size, all structures (including detached garages and horse barns) where humans congregate regularly shall be required to install in -house sprinkler systems that meet the standards of the local fire protection district and the adopted Building Code. D. ROOFING MATERIALS, ROOFING VENTS AND PROJECTIONS AT AND BELOW ROOF LINE Roofs and projections at or below roof line in Severe Wildfire Hazard Areas shall be constructed according to the following specifications: Page 3 of 55 -ZOII E. All Hazard Areas Roofs with less than a 3:12 pitch are not permitted unless they comply with the following: I . All roof coverings shall be constructed of non - combustible materials and installed on a Class A roof assembly. 2. All roof coverings shall have a surface that shall facilitate the natural process of clearing roof debris. 3. Protrusions above the roofline, such as parapets, shall be prohibited. 4. Roofs shall be installed as required by the adopted Building Code and shall have a minimum pitch of 1:48. 5. All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshall prior to submittal of a building permit application. F. MAINTENANCE AND MISCELLANEOUS REQUIREMENTS I. Roofs and gutters shall be kept clear of debris. 2. Roof vents shall be screened with corrosive resistant wire mesh, with mesh one - fourth ('/<) inch maximum. 3. Yards shall be kept clear of all litter, slash and flammable debris. 4. All flammable materials shall be stored on a parallel contour a minimum of fifteen (15) feet away from any structure. 5. Weeds and grasses within the ten (10) foot perimeter shall be maintained to a height not more than six (6) inches. 6. Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen (15) feet away from the structure. 7. Swimming pools and ponds shall be accessible by the local fire district. 8. Fences shall be kept clear of brush and debris. 9. Wood fences shall not connect to other structures. 10. Fuel tanks shall be installed underground with an approved container. 11. Propane tanks shall be buried, if possible, or installed according to NFPA 58 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any aboveground tank. Any wood enclosure around the tank shall be constructed with materials approved for two (2) hour fire- resistive construction on the exterior side of the walls. 12. Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher. 13. Addresses shall be clearly marked with two (2) inch non - combustible letters and shall be visible at the primary point of access from the public or common access road and installed on a non - combustible post. 14. The Applicants shall comply with the Aspen Fire Protection District Code. 8. The Applicant shall comply with the following general conditions regarding wildlife: 1. Mesh or woven wire fences are prohibited outside the Activity Envelope. 2. Wood rail fencing shall employ three (3) rails or less, be the round or split rail type, shall not exceed fifty -four (54) inches in height above ground level, and twelve (12) inches in Page 4 of 6 �S -ZUNI width (top view), and shall have at least eighteen (18) inches between the lower two (2) rails. 3. Wire fencing must be three (3) strands or less. The top wire should be a twelve- point -five (12.5) gauge twisted barbless type at a maximum height of forty-two (42) inches. The middle strands (which may be barbed) should be located a minimum twelve (12) inches apart and from the top wire preventing entanglement when mule deer jump over. The bottom strand should be sixteen (16) inches from the ground. 4. Fruit bearing trees and shrubs shall be prohibited within the Activity Envelope. This does not include pre - existing native trees and shrubs. 5. Access shall be provided to the Colorado Division of Wildlife for trapping, tagging, studying, or otherwise managing wildlife. 6. Trash/garbage shall be kept in an approved bear resistant container or enclosure. 7. Bird feeders, including hummingbird feeders, shall be hung away from any deck or window, and be at least ten (10) feet from the ground suspended between two (2) trees or posts. All seed feeders shall include a seed catchment pan to catch discarded seed. 8. Pet food shall not be left outside. 9. All outside doors shall have round handle door knobs. 10. Dogs shall be kenneled or leashed. 9. No development shall occur outside the approved activity envelope with the exception of vegetation removal necessary to comply with the wildfire mitigation measures described above. No structures shall be permitted outside of the approved building envelope. 10. Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake the corners of the activity envelope and install construction fencing around the construction site within the perimeter of the building envelope. The fencing shall remain in place until issuance of a Certificate of Occupancy. 11. All areas disturbed by construction shall be re- vegetated with native shrubs and grasses within one growing season of the project's completion. 12. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, § 2 -20 -170 and C.R.S., § 24 -68 -105. The statutory vested rights granted herein shall expire on July'_, 2014. 13. 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. Page 5 of 6 PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weekly on the _ day o<,4uqt,!;{ , 2011. APPROVED by the Director, this 2ab— day of v 2011. C' y Houben, Community Development Director PM# 273511101005 P033 -11 Page 6 of 6 LOT 14 ASPEN TENNIS CLUB ......................... ...... 301 PYRAMID . DRIVE ASPEN CO . . . 81611 PITKIN COUNTY Activity Envelope Review Table of Contents 0.0 Pre - Application Summary Agreement to Pay Form Adjacent Property Owners 1.0 Project Summary 2.0 Drawings ® 3.0 Proof of Ownership 4.0 Authorization Letters 5.0 Prior Approvals /Covenants 6.0 Full -Size Drawings E AEtivky Lnwlop4 RwlEw LOT 14 ASPEN TENNIS CLUB .................................................................................. ............................... PID: 1735- 111 -01 -005 - -000l4'O tot • PITKIN COUNTY PRE - APPLICATION CONFERENCE SUMMARY LOCATION: 301 Pyramid Road, Lot 14 Aspen Tennis Club Subdivision PID#: 273511101005 ZONING: R -30 OWNER: N2ZASM LTD REPRESENTATIVE: Dan McCormick PHONE and EMAIL: 429 -7499; dan(@.bluegreenasnen.com DATE: April 8, 2011 PLANNER: Mike Kraemer, 920.5482 Type of Application: Activity Envelope Review Description of Project/Development: The Applicant is requesting approval of an Activity Envelope for grading work, landscaping, tree removal, and noxious weed abatement. Land Use Code Sections to be addressed in letter of request (application): Sec. 7- 10-50: Activity Envelope/Site Plan; Sec. 7- 20-10: Site Preparation and Grading; Sec. 7- 20-20: Steep and Potentially Unstable Slopes; Sec. 7- 20-30: Water Courses and Drainage; Sec. 7- 20- 40(c): Floodplain Sec. 7- 20 -80: River and Stream Corridors and Wetlands Sec. 7 -20 -130: Landscaping and Vegetation Protection '�` Staff will refer the application to the following agencies: Maroon/Castle Creek Caucus. 3 C"' l46 1k rt Review by: Community Development Director • Public Hearing: No, however, the Applicant shall post a public notice sign on the property at least 15 days prior to the date specified for the Public Hearing pursuant to Sec. 2- 20- 100(ax3) of the Land Use Code. In addition, the Applicant shall mail notice to all property owners and mineral estate owners within 300' of the subject property with the return address of the Community Development Department (form of notice to be obtained from the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County, as they appear no more than 60 days prior to the date of the public hearing. A property owner receiving the public notice shall have 2 weeks from the date the notice was postmarked to submit comments or objections to the Community Development Department. FEES: 53,199 (make check payable to " Pitkin County Treasurer ") ■ Planning Office flat fee: $3,120 (non - refundable; based on 10 hours of staff time. If staff review time exceeds 12 hours, the Applicant will be charged for additional time above 10 hours at a rate of $312/hour) • Web Technology Fee: $25 • Public Notice: $54 To apply, submit 1 copy (unboundl of the following information, unless noted otherwise: 1. Summary letter explaining the request, providing background on prior approvals and permits, and addressing compliance with the Code sections listed above 2. 24" by 36" and 11 "17" Activity Envelope as designated in Section 2. 1.1 of the Pitkin County Land Use Application Manual; 3. Previous Land Use Approvals (if applicable); 4. Proof of ownership of subject property; 5. Parcel description, including legal description and vicinity map; 6. Total fee for review of the application; 7. Signed fee agreement (1 copy); 8. Consent from all owners to process the application and authorizing the representative (1 copy) 0 9. List of all property owners and mineral estate owners within 300' of the subject property (1 copy) am ® 10. Copies of this pre-app form NOTE3 • PLELSES1BMIfONE UNBOUND AND ONE-SIDED COPYOF YOUR COMPLETEAPPLICATION .PLEASESUBMITTWOSIDEDCOPZFS OFALLREM4BVNGCOPIESOFYOURAPPMCAI7ON (IFPOSSIBLE). THEPARCEL JDs SHOULD BEINCLUDEDONALLDOCU &M BVCL UDED IN YO UR APPL ICAIYON. • ALL MAPS SHALL BE FOLDED. • This pre - application coiVerence summary is advisory in nature and not binding on the County . The try/brmatton provtded in this summary u based on current zoning standards and st4fs interpretations based upon representations of the applicant. Additional information maybe required upon a complete review of the application. ➢ The Pitkin County Land Use Code and Application Manual is available on -line at htto: //www. Qp=itkin. com*pallplanning. cfm u E 000003 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter "COUNTY") and N 2ZASM LTD (hereinafter "APPLICANT ") AGREE AS FOLLOWS: APPLICANT has submitted to COUNTY an application for Activity Envelope Review (hereinafter, the "PROJECT'). 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 30 -2009 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 fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the amount of $ 3.199.00 which is based on 10 hours of staff time, and if actual time spent by staff to process the application exceeds the average number of hours by more than 20 %, then the COUNTY will bill the APPLICANT quarterly for the additional time spent. Such 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 Cindy Houben Community Development Director 11 dtGjjljtL- (-APPLICANT AI?Ld /J.4tT)4a1X Print Name and Title (if applicable) Date: V/13 / 2v1/ Mailing Address: 561J7); #k W /)Lop 40 1mr0tv, TX 77027 0 10004 Easy Peelle Labels i • � Band along Bne to �� AVERY® 5160 Use AveryO Template 5160 Feed Papa expose Pop-Up Edge m FYRWALD ERNST R & LACY A 156 MAROON DR A� , CO 81611 HENLY SHIRLEY M 1008 VILLAGE CIR ERIE, CO 80516 MAROON CREEK CLUB MASTER ASSOC MAROON CREEK LLC C/O JOSHUA AND CO 10 CLUB CIR 300 S HUNTER ST ASPEN, CO 81611 ASPEN, CO 81611 i PAICIUS RICHARD M - PALEY NANCY CIO PYRAMID PEAK CORP 1009 MONTE CRISTO LN 2415 CAMPUS DR SUITE 110 SANTA BARBARA, CA 831082823 IRVINE, CA 92612 S&J INVESTMENTS 11 LLC 222 N LASALLE #2000 CHICAGO, IL 60601 UHLFELDER MARK N UHLFELOERANNE E HUNTLEY 142 MAROON DR ASPEN, CO 81811 u ttkpwtles fadles & pale. sam de 1 mlii In naharit AVFRVO RIMO i__-- RepRa2 A B hachure afln do I r& Abw M sherd Pn& Uda LEVINSON DAN B & LYNNE L PO BOX 2089 ASPEN, CO 81612 N2ZASM LTD 1800 W LOOPS #1875 HOUSTON, TX 77027 POHLAD JAMES O 60 SOUTH 8TH ST #3800 MINNEAPOLIS, MN 55402 VANW ewrYAWn 14116460 -AVERY 1 E Project Summary ...................................................... ............................... U E Activlty Envelope Review LOT 14 ASPEN TENNIS CLUB .................................................................................. ............................... P10: 3135 -I11 -01 -005 17, LEGAL DESCRIPTION & VICINITY MAP 301 PYRAMID DRIVE ASPEN CO 81611 1 PITKIN COUNTY PARCEL ID #: ....................................... ............................... 2735 - 111 -01 -005 LEGAL DESCRIPTION: ........................................ ............................... LOT 14, ALDERFER EXEMPTION PLAT, ASPEN TENNIS CLUB SUBDIVISION, PITKIN COUNTY, COLORADO. DIRECTIONS TO NEAREST MAIOR INTERSECTION: ........................................ ............................... From Hwy 82, turn into the Aspen Tennis Club Subdivision opposite the Aspen Public Golf Course /Truscott at the signalized intersection with Maroon Drive. Follow Maroon Drive to the right, then follow Pyramid Drive until the road ends. r t' 1 I 1 + 1 ` �1� �s .e A C4 i.L \\ w \ 1 E ! Envelope Review LOT 14 {ASPEN TENNIS CLUB .............................................................. ............................... .......... ....... PIS: 2)3S41I :6 1I L - J - r ;.:C0 PROJECT SUMMARY Bluegreen represents N2ZASM LTD (hereinafter the "applicant') owner of a vacant property, Lot 14, in the Aspen Tennis Club Subdivision. The applicant seeks administrative approval for an activity envelope with vested property rights. This application is in conformance with the pre - application conference summary by Mike Kraemer dated April 8, 2011 and describes the subject parcel, proposed activity envelope and demonstrates compliance with relevant Pitkin County Land Use Code standards and policies. SITE DESCRIPTION Lot 14 is located adjacent to Maroon Creek, approximately one quarter mile from Highway 82 at the south end of the Aspen Tennis Club Subdivision, which is 1.5 miles west of the City of Aspen. The site is located at the end of Pyramid Drive which provides access to the property. The lot contains 1.422 acres and is roughly rectangular in shape. Originally the lot contained 1.13 acres, but a lot line adjustment, recorded in the Alderfer Subdivision Exemption Plat in 1978, added land to the parcel to increase the lot size to 1.422 acres (see Prior Approvals). The property is zoned R -30 and is currently vacant. In 2005, a building envelope for a single - family residence was approved for the property; however, the 1041 Hazard Review Site Plan was never perfected. The property includes significant steep slopes as the topography drops 70 feet from east to west. A relatively flat terraced area is found at the end of Pyramid Drive. Steep slopes typified by mature conifers, aspens and gambel oaks stands are found above and below this area. An existing staircase /walkway links the terrace down roughly 40 feet to an existing man -made pond that lies adjacent to Maroon Creek. As mentioned, the property is vacant and the flat terraced area shows signs of neglect, including sloughing of slopes, noxious weeds and poor drainage. The vestiges of rough grading are apparent, including man -made slope anomalies at the toe and top of slopes, which have been exacerbated by sloughing over time. The thistle Onopordum acanthium, a designated Pitkin County noxious weed, can be found on site. The rough grading of the terrace and its shallow grades has resulted in noticeable drainage issues, including ponding water (see Figure 1). • A . ctivity Envelope Review LOT 14 ASPEN TENNIS CLUB ..................................................................... ............................... WD: D35d 11 - - 1 Ifflnn FIGURE 1. Aerial view of lot 14 and exisitng conditions. ACTIVITY ENVELOPE DESCRIPTION The proposed Activity Envelope is depicted on the attached Activity Envelope Plan (see Drawings). The proposed activity envelope includes the level terrace area at the end of Pyramid Drive that is dearly the most appropriate ® area for development. The proposed activity envelope has been delineated to anticipate all future development and land management practices to the extent possible. The applicant is requesting approval of an activity envelope for grading work, landscaping, tree transplanting, noxious weed eradication, fencing, and all other customary uses within an activity envelope per County cede. The proposed grading work will address drainage issues and man -made minor slope anomalies created by rough - grading practices and unnatural soil sloughing over time at the toe and top of adjacent slopes. Following minor grading work, the applicant will revegetate per county code. The applicant also desires to eliminate an existing landscape enclosure created by a row of conifer trees between lots 13 and 14 by selectively transplanting some of these trees to an area at the southeast comer of lot 14 (see Figure 1). Further details on the activity envelope and short-term land management practices are provided below in responses to specific Land Use and Design Standards. RESPONSES TO DESIGN STANDARDS This section of the application demonstrates compliance with the applicable sections of the Land Use Code as Identified in the pre - application summary conference summary. 7- 30 -50: SITE PLAN AND ACTIVITY ENVELOPE Response: Per the pre- application meeting, the applicant is not prepared to submit a Site Plan for a specMc structure. As stated, the applicant wishes to establish an activity envelope in order to proceed with bask land management practices for the areas delineated within the proposed activity envelope, including minor grading to improve drainage issues on site, weed eradication, and tree transplanting. ® 7- 20 -10: SITE PREPARATION AND GRADING (a) Grading and Fill Placement Grading and filling on a site shall take place only within a defined Activity Envelope. All grading and fill placement that exceeds fifty (50) cubic yards shall be indicated on the Site Plan. Response. The layout of the proposed activity envelope has been delineated such that all future grading will be incorporated within the envelope. The western boundary of the envelope has been located so that man -made minor slope anomalies stemming from previous rough grading and subsequent sloughing at the top of slope can be addressed. A consistent top of slope has been identified traversing the 7848 and 7846 contours as the terrace gradually slopes down to the north, which will enable the applicant to create a uniform and continuous transition from terrace to slope. (b) Clearing, Grubbing, and Vegetation Removal Clearing or grubbing of land, or removal of vegetation shall take place only within an approved Activity Envelope, except removal of noxious weeds may occur outside of an Activity Envelope. Each Site Plan shall document compliance with the requirements of this Sec. 7- 20 -10(b) and Sec. 7 -20 -130. Response: The layout of the proposed activity envelope has been delineated such that all future vegetation management activities will be incorporated within the envelope. The applicant intends to break up the landscape enclosure created by the continuous line of conifers between lots 13 and 14 by transplanting some of these conifers. The applicant proposes to relocate these trees adjacent to a stand of mature conifers located at the southeast comer of lot 14. The proposed activity envelope extends up the hillside in this area to account for transplanting activities. (c) Tree Removal and Mitigation Each tree with six (6) inches or larger diameter at breast height (D.B.H.) that is removed within the Activity Envelope shall be ® replaced with one (1) or more trees with total D.B.H. at least equal to the caliper(s) of the tree(s) removed, to the maximum extent practicable. Any tree that (i) is diseased, or (ii) is required to be removed pursuant to the provisions of Sec. 7- 20.60, as those requirements may be varied by a wildfire expert approved by the County, may be removed and no replacement shall be Acevlty Envelope Review ....... ...... .. _.. .... _... ... .. .. ..... ..... LOT 14 ASPEN TENNIS CLUB .................... ................. PID: 2]35- 111 - 01.005 Z nnnnn9 required. All revegetation shall also comply with the Pitkin County Revegetation Guidelines. Required replacement trees that do not survive for at least one (1) year after installation shall be replaced at the owner's expense, and the County may require financial security for such replacement pursuant to Sec. 7- 20- 130(b)(7). • Response: The applicant will comply with this code provision. (d) , Protection of Natural Terrain The County Engineer or Community Development Director shall suggest and may require design and construction techniques that lessen or mitigate any physical and visual damage caused by the proposed activity or development to Constrained Areas or to the natural terrain, stream vegetation, and other natural features of the landscape within the Activity Envelope. Response: The applicant will comply with this code provision. As stated, the applicant wishes to establish an activity envelope in order to proceed with weed eradication efforts for Onopordum soanthium, a designated Pitkin County noxious weed, per sub- section (3) of this code section. 7- 20 -20: STEEP AND POTENTIALLY UNSTABLE SLOPES The following provisions shall apply whenever steep slopes or potentially unstable slopes occur within the Activity Envelope, but do not apply when the Activity Envelope have been defined to avoid such areas. (a) Slope Delineation Slopes shall be delineated within the Activity Envelope with two (2) foot contour intervals. Slopes between each two (2) foot contour in each of the following categories shall be designated by a distinct graphic pattern. (1) Slopes that are fifteen (15) percent or greater, but less than thirty (30) percent; (2) Slopes that are thirty (30) percent or greater, but less than forty -five (45) percent; (3) Slopes that are forty-five (45) percent or greater. Response: See Site Plan and Slope Analysis Plan. (b) Forty-five (45) Percent or Greater Gradient ® Development is prohibited on slopes with a slope gradient equal to or exceeding forty -five (45) percent, except: 1) Where: (a) The lot is in a legally platted subdivision, recorded prior to 1972, and (b) There is no alternative building site that avoids areas of slope exceeding forty -five (45) percent, and (c) An engineer or geologist licensed in the State of Colorado demonstrates that the site can be engineered so that there is no hazard posed by the location of development on such slopes, and (d) The proposed development complies with all standards in subsection (c)(1) below applicable to slopes of thirty (30) percent or greater; and Response: The proposed activity envelope includes areas with slopes in excess of 45 %. These areas are included within the activity envelope to allow for the above - mentioned tree transplanting activlties (along the southeast boundary) and to dean up man -made rough grading minor slope anomalies along the above - mentioned 7848 and 7846 contours (west boundary). It is important to note that the grading activities employed to fix the top of slope condition would not impact steep slopes, rather the top edge would be pulled back to create uniform and continuous transition from terrace to slope. (c) Thirty (30) Percent or Greater Gradient Development is prohibited on slopes with a slope gradient of thirty (30) percent or more, except as follows: 1) NO ALTERNATIVE BUILDING SITE (a) If there is no alternative building site available on the parcel with slopes of less than thirty (30) percent, development (but not roads or driveways) may be approved by the Community Development Department through the Site Plan process subject to the following development standards: (b) An engineer or geologist licensed in the State of Colorado shall be required to demonstrate that the site can be ® engineered so that there is no hazard posed by the location of development on such slopes. (c) To the extent possible, the development shall be designed so as to: avoid adding water to the site that would cause Activity Envelope Review LOT 14 ASPEN TENNIS CLUB .................................................................................. ............................... PtD: 2]35- 111 -01 -005 3 00001 0 decreased stability; avoid removing the toe of the slope without adequate mechanical support; avoid increasing the weight load on top of the slope; re- contour disturbed slopes so that they can be re- vegetated; avoid steepening of existing slopes. ® (d) Any development approved pursuant to this section shall be conditioned upon compliance with the engineer or geologist's recommended mitigation measures. (e) Following Site Plan review and prior to the application for a Building Permit, a precise engineer or geologist approved mitigation plan shall be submitted by the applicant that shows the area of disturbed slope, any re- grading required and the exact size and location of all mitigation devices. The mitigation measures must be determined by the Community Development Department to be the least visually and ecologically obtrusive alternatives. Response: See 7 -20-20 (b) (1) response. 2) PARCELS WITH SOME AREAS OF LESS THAN THIRTY (30) PERCENT SLOPES (a) If a parcel contains areas with less than thirty (30) percent slopes that are accessible by a road or driveway that meets the requirements of this Land Use Code, but such areas (after exclusion of Constrained Areas) are not large enough to develop the floor area permitted by underlying zoning, then areas containing slopes of less than thirty (30) percent must be utilized to develop as much of the floor area as can feasibly be accommodated. Areas containing slopes of thirty (30) percent or greater (but not exceeding forty -five (45) percent) may then be used for development of the remainder of the permitted floor area. The resulting area specified for development should define a contiguous area with slopes of less than thirty (30) percent to the maximum extent practicable. (b) Development on slopes equal to or exceeding thirty (30) percent (but less than or equal to forty-five (45) percent) shall be subject to the development standards in Sec. 7- 20- 20(c)(1)(a) through (d)., and shall minimize disruption of natural terrain as viewed from any of those roads identified in Sec. 7- 20- 120(b). Response: Not applicable; no floor area proposed. 3) MINOR SLOPE ANOMALY Through the Site Plan process, exceptions for minor changes in slope - development may be permitted on lands that have a slope equal to or in excess of thirty (30) percent when the slope is due to the presence of a minor natural or minor man -made change in the gradient of a continuous slope, provided that an engineer or geologist licensed in ® the State of Colorado demonstrates that the slope's ground surface is not prone to instability or failure and that the proposed development will not cause greater instability or increase the potential for slope failure. Response: As mentioned above, there exist man -made minor slope anomalies at the toe and top of slope of the terrace that are a vestige of rough grading. The proposed activity envelope incorporates these areas of the terrace so they may be corrected to create uniform and continuous transition from terrace to slope. 4) EXISTING ROADS AND DRIVEWAYS Through the Site Plan process, an exception for minor road and driveway improvements may be permitted to existing roads and driveways that traverse previously disturbed slopes equal to or in excess of thirty (30) percent, provided that the applicant demonstrates that all of the following conditions are met: (a) The road or driveway was legally created, as demonstrated by (i) a valid copy of the permit for the road or driveway, or (ii) evidence that the road or driveway was constructed prior to the County's road or driveway permit system in 1993, or (iii) that a permit was not required to construct the road or driveway. (b) The proposed use of the road is an existing legal use (i.e., if residential development is proposed, it shall be demonstrated that the road already services an existing, legal residential structure). The current use of the road or driveway shall not change between residential, commercial, lodging or industrial use. No road improvements shall be permitted pursuant to this provision to allow the development of any structure where there is no pre - existing, legal structure (e.g., a mining road or jeep road that provides access to a vacant parcel shall not be improved pursuant to this provision to create access to a new residence). (c) The improvements shall be limited to existing roads and driveways that traverse previously disturbed slopes equal to or in excess of thirty (30) percent and comply, or can comply without impacting slopes equal to or in excess of thirty (30) percent, with the minimum requirements in the Pitkin County Road Management and Maintenance Plan for width, grade and curvature. New road and driveway improvements that traverse undisturbed slopes equal to or in excess of thirty (30) percent are prohibited. (d) The improvements shall be minor in scope and shall be the minimum required to ensure the safety of both the general ® public and safety agency personnel. Improvements that may be permitted pursuant to this provision may include, but not be limited to, pullouts, turnarounds or grading, if the road or driveway otherwise complies with the standards of the Pitkin County Road Management and Maintenance Plan. Improvements that would create further impacts on AM Ry Emrelop4 Ravlow LOT 14 ASPEN TENNIS CLUB ... . .............................................................................. ............................... MD: 3735- 111-01 -DOS 4 000011 slopes equal to or in excess of thirty (30) percent in order to bring an existing road or driveway into compliance with the minimum standards of the Pitkin County Road Management and Maintenance Plan are prohibited. (e) An engineer or geologist licensed in the State of Colorado demonstrates that the slope's ground surface is not prone to instability or failure and that the proposed improvements will not cause greater instability or increase the potential • for slope failure. Response: Not applicable. 5) SHORT DRIVEWAY ENCROACHMENTS Through the Building Permit process, an exception for short driveway encroachments may be permitted as follows: (a) This exception may only be utilized where there is no alternative alignment on slopes less than thirty (30) percent and the proposed driveway is free of all of the following hazards: high hazard avalanche zone (red zone) and moderate hazard avalanche zone (blue zone), landslide areas, or rockfall areas. (See Sec. 7- 20 -50). (b) For a maximum of one - hundred (100) linear feel per lot or parcel, the driveway may encroach on slopes between thirty (30) percent and a maximum of forty -five (45) percent gradient. The maximum of one hundred (100) linear feet of permitted encroachment shall be measured along the centerline of the driveway. (c) All development permitted pursuant to this section shall be subject to the development standards of Sec. 7- 20- 20(c)(1) (a) through (d). Response: Pyramid Drive extends into the northeast comer of Lot 14, providing access to the properly along a 25' private road easement as recorded in the original plat for the Aspen Tennis Club Subdivision (see Prior Approvals). It is likely that future improvements to the site will necessitate the utilization of the 25'private road easement to extend the Pyramid Drive access onto the property in a manner that meets minimum fire district guidelines. 6) MICRO HYDROELECTRIC SYSTEMS Response: Not applicable. 7) HABITABLE RETAINING STRUCTURES ® Response: Not applicable. 8) PITKIN COUNTY SOLID WASTE CENTER OPERATIONS Response: Not applicable. (d) Less Than Thirty (30) Percent Gradient Development is permitted on slopes with less than a thirty (30) percent gradient. (e) Additional Standards All activity and development on slopes with a gradient of thirty (30) percent or greater shall comply with the following standards. (1) DENSITY SLOPE REDUCTION If more than thirty (30) percent of the total land area of parcel is encumbered with slopes of forty -five (45) percent or greater, the maximum permitted density of development on the parcel shall be reduced pursuant to Sec. 5- 10 -20. Response. Not applicable. (2) LIMITS ON CHANGING NATURAL GRADE The original, natural grade of areas within the Activity Envelope shall not be raised or lowered more than four (4)' feet at any point for construction of any structure or improvement, except: (a) The site's original grade may be raised or lowered a maximum of seven (7) feet if retaining walls are used to reduce the steepness of man -made slopes, provided that the retaining walls comply with the requirements set forth in this section. (b) As necessary to construct a driveway from the street to a garage or parking area, grade changes or retaining walls up to seven (7) feet may be allowed. ® Response. The proposed activity envelope includes predominately shallow grades which will not require significant changes In natural grade for any future development. Activity Envelope Review LOT 14 ASPEN TENNIS CLUB .................................................................................. ............................... PID: 1125- 131 -01 -005 5 000012 (3) GRADING FOR ACCESSORY BUILDING PADS DISCOURAGED Response: Not applicable. • (4) LIMITS ON GRADED, EXCAVATED, OR FILLED MAN -MADE SLOPES (a) Where grading, excavation, or filling is necessary, grading, excavation, or filling to create slopes of twenty -five (25) percent or less is strongly encouraged. (b) Graded or filled man -made slopes shall not exceed a slope of fifty (50) percent. (c) Cut man -made surfaces or slopes shall not exceed a slope of fifty (50) percent unless a soils engineering ore geotechnical report is furnished stating that the site has been investigated and that in the opinion of a qualified professional a cut at a steeper slope will be stable and not create a hazard to public or private property. (d) All cut, filled, and graded slopes shall be re- contoured to the natural, varied contour of the surrounding terrain. Response: The proposed activity envelope includes predominately shallow grades which will not require significant changes in natural grade for any future development, including man -made slopes. (5) GUIDELINES FOR RETAINING WALLS Use of retaining walls is encouraged to reduce the steepness of man -made slopes and to provide planting pockets conducive to revegetation. Response: Not applicable. (6) STANDARDS FOR RETAINING WALLS Retaining walls shall be faced with stone or earth - colored materials similar to the surrounding natural landscape. All retaining walls shall comply with the adopted building code, except that when any provision of this section conflicts with any provision set forth in the adopted building code, the more restrictive provision shall apply. Response: Not applicable. (7) DETENTION /STORMWATER FACILITIES ® Where detention basins and other storm and erosion control facilities may be required, any negative visual and aesthetic impacts on the natural landscape and topography shall be minimized to the maximum extent practicable. Response: Not applicable. (a) UTILITY CUTS Utility cuts on any slope with a gradient of fifteen (15) percent or greater shall be reviewed through the Site Plan process. Response: Not applicable. (9) REVEGETATION REQUIRED Any slope exposed or created in new development shall be landscaped or revegetated pursuant to the standards and provisions set forth in Sec. 7 -20 -130 as well as the revegetation standards in the Pitkin County Revegetation Guide, the Pitkin County Landscaping Guidelines maintained by the Pitkin County Public Works Department, and the Roadway Landscaping Guidelines included in the Pitkin County Asset Management Plan, as applicable. In the event those documents contain inconsistent requirements with regard to a particular area of land, the stricter provision shall govern. Response: The applicant will comply with this code section during the Grading Permit process. (f) Exceptions Construction of non - motorized, public trails on land owned or held in easement by a public or non - profit organization shall be reviewed through the Site Plan process, but shall be exempt from the standards for development in Sec. 7 -20 -20 (Steep and Potentially Unstable Slopes) and Sec. 7 -20 -50 (Geologic Hazards) provided that such trails shall be subject to any other applicable regulations of this Land Use Code and the following provisions: (1) No non - motorized, public trail shall be permitted in steep and potentially unstable slope area that would subject occupants or users of the area to hazardous conditions; create orworsen such conditions affecting other developments, • activities and lands; subject other persons or the County to dangers or expenses required to mitigate such hazardous conditions, respond to emergencies created by such conditions or rehabilitate the improvements, activities and lands. AcavNy envelope Review ....................................... ............................... LOT 14 ASPEN TENNIS CLUB .................... ............... PID: 2735- 111 -01 -005 6 030013 (2) All non - motorized, public trails in steep and potentially unstable slope area shall be constructed in such a manner as to mitigate the hazard to public health and safety or to property due to steep and potentially unstable slope hazards. Response: Not applicable. E 7- 20 -30: WATER COURSES AND DRAINAGE Response: The proposed activity envelope does not include any water courses, significant drainage paths or Irrigation ditches The subject property is adjacent to Maroon Creek, but the proposed activity envelope sits high above and away from the creek. The applicant will comply with the intent of this code section during the Grading Permitprocess. 7- 20 -40: FLOODPLAIN HAZARDS Response: The subject property is adjacent to Maroon Creek, but the proposed activity envelope sits high above and away from the creek and does not include any mapped floodplain hazard areas as depicted by Federal Emergency Management Agency Flood Insurance Rates Maps. 7- 20 -80: RIVER AND STREAM CORRIDORS AND WETLANDS Response: The subject property is adjacent to Me used activity envelope sits high above and away from the creek and ude any areas within the (100) k from the high a of the creek. Th existing pond does not apply under this code provision as it is a man -m water feature. - - -- 7 -20 -130: LANDSCAPING AND VEGETATION PROTECTION ® Response: The applicant will comply with the intent of this code section during the Grading Permit process. The layout of the proposed activity envelope has been delineated such that all future vegetation management activities will be incorporated within the envelope. The applicant intends to break up the landscape enclosure created by the continuous line of conifers between lots 13 and 14 by transplanting some of these conifers. The applicant proposes to relocate these trees adjacent to a stand of mature conifers located at the southeast comer of lot 14. The proposed activity envelope extends up the hillside in this are to account for transplanting activities. It is the applicant's intent to minimize impacts to existing vegetation. The property is designated `low' for wildfire hazard. E Activity Envelope Review ..... ............................... LOT 14 ASPEN TENNIS CLUB YI D: 2]55- 131 -01 .................................. -005 . . . . . . . . i 000014 E Drawings ...................................................... ............................... • • Activity Envelope Review LOT ie ASPEN TENNIS CLUE .................................................................................. ............................... P[D: 2)35.111 -01 -005 330015 EJ x tennis clu <.....,. r d 4 f 1 R Asper 1 1 LEGAL DESCRIPTION L U AMERFER EXEMPTION PLAT, ASPEN TENNIS CLUE EUEDNISION, PD h COUNTY, CMOUW. PARCEL 10.Y: 2735- 111 -01-005 DISCLAIMER ENVIRONMENTAL AR0 ARFAS EkW THAT MIGW AFFECITHE PROPERTY. ANY IMPROVEMENTS AND OCCOPANCY THEREOF, EASEMENTS AND SETBACKS O 2 25' PRNATE ROAD FASEMEM FOR II ERIOR ROADWAYS PER AWEASER EXEMPTION PLAT ASPEN TENNIS CLUB SURDMSION, P N COUNTY, COLORADO. A *IAN Ri COMMUNITY DEVELOPMENT APPROVAL THIS AOMINISTUTNE AR ENJELOPE MAN HAS BEEN REVIEWED AND HEREBY APPROVEp TIDE _ WY OF — 2011. APPROVAL OF THIS PLAN IS SUBJECT TO THE TERMS AND CONDMONS OF RESOLUTION NO. RECORDED IN THE PITKIN GOWN CLERK AND RMORDER'S OFFICE AT RECEMON NO. _ cOMMUNM DEyE1DPMENF- / DATE ACCEPTANCE FOR RECORDING THIS ACTNItt ENVEIOPE PLAN HAS BEEN ACCEREO MR TILING IN THE OFFICE OF THE CLERK AND RECORDER OF PDKIN COUNTY, WWRADO ON THIS_ DAY OF 2011 IN PUT BOON AT PAGE AS RECEPTION NO. ❑ERK AND RELOROER / DATE OWNER N22ASM, LTD. ROD WEST LOOP sWiH SUITE 1875 HOUSTON. TX 77027 MICHAn.HMTHOlSE (OWNBN) / MTE x b 6 3 y � S 5 S L Z3 U U) C m C 4J 4-Ja C e Clq U) (6 R..�� E V � 1"i m 4—J O a envel plan dal 1 I.— OS/IL3011 and u,- �lJ0U LOT 14 ASPEN TENNIS CLUB ACTIVITY ENVELOPE REVIEW PARCEL ID NO. 2735- 111 -01 -005 PITKIN COUNTY i COLORADO \ \ \ \ LOT 14 O ae 5 10 © nOnn L100 MIDPERTY LINE PROPOSED ACTIVDY ENVELOPE 1 SLOPES(13)PE ORGR u W)PER RGREATER, BUT LEBBI'HANRl21 E PERDEM TER. S L IN!IS BUF ISS TNMI (AS) PERCEM ® SLOPES IASI PERCEM OR GREATER COMMUNITY DEVELOPMENT APPROVAL THIS AOMINISTUTNE AR ENJELOPE MAN HAS BEEN REVIEWED AND HEREBY APPROVEp TIDE _ WY OF — 2011. APPROVAL OF THIS PLAN IS SUBJECT TO THE TERMS AND CONDMONS OF RESOLUTION NO. RECORDED IN THE PITKIN GOWN CLERK AND RMORDER'S OFFICE AT RECEMON NO. _ cOMMUNM DEyE1DPMENF- / DATE ACCEPTANCE FOR RECORDING THIS ACTNItt ENVEIOPE PLAN HAS BEEN ACCEREO MR TILING IN THE OFFICE OF THE CLERK AND RECORDER OF PDKIN COUNTY, WWRADO ON THIS_ DAY OF 2011 IN PUT BOON AT PAGE AS RECEPTION NO. ❑ERK AND RELOROER / DATE OWNER N22ASM, LTD. ROD WEST LOOP sWiH SUITE 1875 HOUSTON. TX 77027 MICHAn.HMTHOlSE (OWNBN) / MTE x b 6 3 y � S 5 S L Z3 U U) C m C 4J 4-Ja C e Clq U) (6 R..�� E V � 1"i m 4—J O a envel plan dal 1 I.— OS/IL3011 and u,- �lJ0U LOT 14 ASPEN TENNIS CLUB ACTIVITY ENVELOPE REVIEW PARCEL ID NO. 2735- 111 -01 -005 PITKIN COUNTY i COLORADO \ \ \ \ LOT 14 O ae 5 10 © nOnn L100 Z � I1 �" I L® 1 4 y ALDERF / 100 YFAR F PER FEW FL000 / EFIKTIVE RATE W OMO]CO30]C EFFECTIVE DATE JUIE �. IOR] ASPEN TENNI B AREA AREA / I 1 I � I I I C o l LOT 14. ALDERFER EXEMPTION N2ZASM LTD 1800 W LOOP S x1875 HOUSTON. TX 77027 POND MASTER DI {i i LSO 611 iR01LVJS iS T R ®N P JS R T K R N COUNTY, C® L O R A D f` ASPEN TENNIS CLUB LOT 8 LOT 13. ALDERFER EXEMPTION PLATOf JAMES 0 POHLAD N2ZASM LTD R 60 SOUTH 6TH ST •3800 1800 W LOOP S •1875 ,� F MINNEAPOLIS, MN 55402 HOUSTON. TX 77027 J Av h� '/ ho 4C4eEa� TOP STEP! L 1 4 I ACRE $ t / —////f / A SPEN TENNIS CLUB LOT NANCY PALEY 1009 MONTE CRISTO LN LEGAL DESCRIPTION LOT H. ALDERFER EXEMPTION PLAT IASPEN TENNIS CLUB AREA). ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER $.1978 IN PLAT BOON 7 AT PAGE I. COUNTY OF PITNIN. STATE OF COLORADO CERTIFICATION I HEREBY CERTIFY THAT THIS MAP ACCURATELY DEPICTS A SURVEY MADE UNDER MY SUPERVISION ON APRIL 11, 2011 OF THE PROPERTY LEGALLY DESCRIBED HEREON. THE WPROVEME EA T5. RIGHTS- OF -WAY IN EVIDENCE OR KNOWN TO ME ARE ACCUR REM 'A 5 �oNT BY:_ __________________________ 8E ALPME SWVEYS APRIL 11TH. 2011 SNA� Y �� OF CO� .611021 'R SSUI OINE WOPMATION SAS TAXI FRGI THE IYEIITlNM COUrtY SLL WERnS Td'WRIPM' FIXY O.. o 1YPm ° PouOSIN!G DININ �aiwC iSHALL APPLY TO ICE PEANI YO COOITIONAL USES IN THE LON-lEWltt RESIDENTIAL IR -.WI mK DISTRICT: ]: YiI SAW LOT ° AREA ffA MLLIONS MIT SQUARE T UFEEETI IDO.aool. �. MIFLF�f AM 111W.4WIIRtt THOUSAND 130.0001 A. mm m SR M.. NTT 11001 A. RESIDENTI PILL I NOM 1RXlY -FIVE 1231. !. YININY DISETB IIDINGB ) �O BYILOIIgt. 1NIRtt Ibl D. MINI. REAR TOO SEIYfA I � A. IIESIDFMTIK DRL IIOS: FIFTEEN 1151. R. IFLERSIMY AN,UE, S' FIVE ISI. C. Ill OVER WIIDIIOS' THIRTY Ibl. >. MANIYW IE14? IFEST). TRENIY -FIEF 1251. B. YIXIYW DI STANDS °ETREEN PRINCIPAL AND ACRSSORY BUILDINGS IFEETI: TEN 9101 LEGEND • FOURS, NEW A tlF -N- FENCE LIFE A TRAVERSE .1. �•. -SURE OF \AMR Fll ON NAVEL O oE ((CL�� s All ff TRS RFIE WOATh�O M T169PL£Y 7m7.7 TOPOGRAPHIC MAP 301 PYRAMID DR ASPEN. COLORADO. Wr. ALPINE SURVEYS JAMES F. RESER L.S. 9184 1101 VILLAGE RD. CARBONDALE, CO. 81023 970- 925 -2888 DAIS: 4-I13-2011 JOB NO.: I0-05 CO ST 611 V / I / SCALE: I'MM20' CONTOUR INTERVAL AN 000017 0 Proof of Ownership ...................................................... ............................... 0 0 Activity Envelope Review ........... ............................... ............................ LOT 14 ASPEN TENNIS CLUB .................... ............... VID: 3]]]- 111- 01 -00] 060018 • C L11 RECEPTIONM 673471, 09113/2010 at 01:38:29 PM, 1 OF 3, R $21.00 OF $260.00 Doc Code WD Documentary Fee $ 260.00 Janice K. Vos Caudill, Pitkin County, CO WARRANTY DEED THIS DEED, made September 13, 2010, Between K. BRENT WALDRON and CONSTANCE K. WALDRON and NELIGH C. COATES JR. of the County of PITKIN, State of COLORADO, GRANTOR, AND N2ZASM, LTD. GRANTEE whose legal address is: 1800 WEST LOOP SOUTH, SUITE 1875, HOUSTON, TX 77027 of the County of , State of TEXAS WITNESSETH, That for and In consideration of the sum of ten dollars and other good and valuable consideration, the receipt and sufficiency of which Is hereby acknowledged, the grantor has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey and confirm unto the grantee, his heirs and assigns forever, all the real property together with improvements, If any, situate and lying and being in the County of PITKIN. State of COLORADO, described as follows: LOT 14, ALDERFER EXEMPTION PLAT (ASPEN TENNIS CLUB AREA), according to the Plat thereof recorded September 5, 1978 in Plat Book 7 at Page 1. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the Grantor, for themselves, their heirs and assigns, does covenant, grant, bargain, and agree to and with the Grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, they are well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in taw, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and Blear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except those matters as set forth on Exhibit "K attached hereto and incorporated herein by reference. The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of gender shall be applicable to all genders. IN WITNESS WHEREOF the grantor has executed this deed. SIGNATURES ON PAGE 2 000019 0 SIGNATURE PAGE TO WARRANTY DEED PAGE 2 ®+' t NEIGH C. COATES JR. STATE OF COLORADO ) ss COUNTY OF PITKIN ) E , C The foregoing instrument was acknowledged before me this Y�ay of SEPTEMBER, 2010, by K. BRENT WALDRON. WITNESS my hand and official seal my commission expires: STATE OF COLORADO ) as COUNTY OF PITKIN f } The foregoing instrument was ackn a this of TEMBER, 2010, by CONSTANCE K. WALDRON., Q �.. . • .. qf, WITNESS my hand and officia I : * apTAk)- my commission expires: Notary Public N• �tIBL�r',: STATE OF COLORADO COUNTY OF PITKIN } vj The foregoing instrument was acknowledged before me this _5 — day of SEPTEMBER, 2010, by NELIGH C. COATES JR.. WITNESS my hand and official seal my commission expires: PCT22919F 000020 EXHIBIT "A" • 1. Taxes for the year 2010 not yet due or payable. 2. Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted as reserved in United States Patent recorded in Book 55 al Page 31. 3. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and right of way for ditches or canals constructed by the authority of the United States as reserved in United States Patent recorded July 15, 1692 in Book 55 at Page 21. 4. Easement and right of way granted to Rocky Mountain Natural Gas Company, Inc., in instrument recorded October 19, 1961 in Book 195 at Page 443. 5. Easements, rights of way and all matters as disclosed on Plats of subject property recorded October 14, 1965 in Plat Book 3 at Page 46 and recorded September 5, 1978 in Book 7 at Page 1. 6. Those terms, conditions, provisions, obligations, easements, restrictions, assessments and all matters as set forth in Protective Covenants for Aspen Tennis Club Area recorded October 14, 1965 in Book 216 at Page 132, Amendments thereto recorded August 8, 1986 in Book 516 at Page 221 and recorded July 22, 1994 in Book 756 at Pages 406 through 415 and Extension of Duration of Protective Covenants recorded August 28, 1995 in Book 791 at Pages 810 through 819, deleting therefrom any restrictions indicating any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin. 7. Terms, conditions, provisions, obligations as set forth in Contract for Water Service between Aspen Tennis Club Area and The City of Aspen, as set forth in Instrument recorded July 25, 1966 in Book 221 at Page 486,recorded August 11, 1966 in Book 222 at Page 104 and recorded August 29, 1966 in Book 222 at Page 334. ® B. Right of way Agreement by and between Aspen Tennis Club, Ltd., and Mountain States Telephone and Telegraph Co., recorded August 26, 1966 in Book 222 at Page 319. 9. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners recorded September 5, 1978 in Book 354 at Page 82 as Resolution No. 78 -101. 10. Terms, conditions, provisions, obligations and all matters as set forth in Administrative Decision of the the Community Development Director of Pitkin County, Colorado recorded October 6, 2005 as Reception No. 515751 as Administrative Decision No. 98-2005. 11. Easements, rights of way and all matters as disclosed on 1041 Hazard Review Plat of subject property recorded November 27, 2005 in Plat Book 82 at Page 1 as Reception No. 531507. L J 0 °.102' 0 Authorization Letters ...................................................... ............................... 0 Activity Envelope Review .. . .......... . . .. ... .. .......... .. .. _ . LOT 14 ASPEN TENNIS CLUB .................... ............... VtD: 1)35- 111 -0f -005 000022 0 S c P s P ® :c a C 1 J r r r 0 c C: -IN23 April 13, 2011 Pitkin County Community Development Department 130 South Galena Street Aspen, CO 81611 Dear Community Development Department: As the owner of Lot 14 Aspen Tennis Club Subdivision, located at 301 Pyramid Drive (parcel id #2735- 111 -01 -005); [ do hereby authorize Bluegreen to act on our behalf In the submittal and processing of an Actilope land use review. L Y //3 /Z DII Michael Holthouse N2ZASM, LTD. 1800 West Loop South Suite 1875 Houston, TX 77027 Bluegreen Representatives: date Sheri Sanzone I ASLA I LEED AP Principal Bluegreen 300 South Spring Street Suite 202 Aspen, CO 81611 (970) 429 -7499 va ler"bluea reenasoen.com Dan McCormick I ASLA Bluegreen 300 South Spring Street Suite 202 Aspen, CO 81611 (970) 429 -7499 dan®blueareenasoen.com • Prior Approvals /Covenants ....................................................... ............................... 0 U ACUr11y Env BlopB RBVIBw LOT 14 ASPEN TENNIS CLUB .................................................................................. ............................... KD: 3735- 111 -01 -005 000024 ADMBSIISTRATIVE DECISION OF THE COMMUNITY DEVELOPN M4T DIRECTOR OF PMUK COUNTY, COLORADO, REPEALING AND REPLACING THE WALDRON AND COATES 1041 HAZARD REVIEW Administrative Decision No. %2005 RECITALS 1. K. Brent and Constance Waldron, and Neligh C. Coates ("Applicants') have applied to the Pitkin County Community Development Director ( "Director") for 1041 Hazard Review and Scenic approval to establish a building envelope within which to build a single - family residence. The Lot is currently vacant and will be served by a private well. 2. The Lot is specifically described as Lot 14, Aspen Tennis Club Subdivision. 3. The Lot is zoned R -30 and contains approximately 1.423 acres. 4. The Lot received 1041 Hazard Review on August 24, 2005 pursuant to Administrative Decision No. 77- 2005 (Reception No. 513867). This approval is repealing and replacing that Decision in order to insert condition No. 10. 5. The Lot received a Subdivision Exemption for a Lot Line Adjustment in 1978 pursuant to BOCC Resolution No. 78 -101 (Alderfer Subdivision Exemption). The Adjustment granted the subject Lot an additional.293 acres. ® 6. The Applicant provided notice of the application to the adjacent property owners, as required pursuant to Section 5- 80- 010(J) of the Land Use Code ("Code"). No objections were received within 30 days from the date the notice was postmarked (June 13, 2005). 7. The Director finds the property can be exempt from Scenic Overlay Review under Code Section 3-60 - 040(D). 8. The Director finds that the wildfire hazard within the envelopes is rated as low and can be mitigated, and the envelopes are located on slopes of less than 30 %. THE DIRECTOR DOES HEREBY APPROVE the Waldron and Coates 1041 Hazard Review, subject to the following conditions, which shall run with the land and be binding on all successors in interest: 1. Prior to submission of any building permit applications for new development, the Applicant shall submit a 1041 Hazard Review Site Plan to the Community Development Department for approval and recording. The mylar copy of the site plan must be signed by the owner prior to submittal for recording. 2. Prior to commencement of any earthmoving or construction activity, the Applicant shall stake the corners of the building and other envelopes and install construction fencing around the perimeter of the envelopes. The fencing shall remain in place for the duration of the construction. 3. Prior to issuance of any building permits for the new residence, the Applicant shall: L J IMIN1110111111 515751 Q 5/205 00:431 SILVta DAVIS PITKIN COUNTY CO R 0.00 D 0.00 ODUO23- ® �tdmin£rrrative Decision No. 2005 1 5�5� 0a :q31 Page 2 SILVIA DAVIS PITKIN COUNTY Co a Cell D 0.00 A. Complete a fireplace/woodstove registration form with the Community Development Department, if necessary. B. Obtain a County access/driveway permit. C. Submit a drainage and erosion control plan for review and approval by the County Engineer. D. Submit a construction management plan for review and approval by the County Engineer showing the locations of staging, material storage and employee and construction traffic parking. E. Pay the applicable road and housing impact fees. 4. The Applicant shall comply with the following to mitigate impacts on wildlife: A. Dogs shall be leashed or kenneled. B. Fencing outside of the building envelope shall comply with the wildlife fencing standards in the Land Use Code. C. Install and use an approved bear -proof trash container as required by the County. D. Maintain native vegetation outside of the building envelope. E. Avoid fruit - bearing trees and shrubs in any landscaping. 5. The Applicant shall comply with the following landscaping and wildfire defensible space mitigation standards: A. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels a ® minimum of a 30 foot perimeter around all structures. B. Spacing between clumps of brush and vegetation within the 30 foot perimeter shall be a minimum of two times the height of the fuel. Maximum diameter of the clumps shall be two times the height of the fuel. All measurements shall be from the edges of the crowns ofthe fuel. C. All branches from trees and brush within the 30 foot perimeter shall be pruned to a height of 10 feet above the ground and ladder fuels from around trees and brush shall be removed. D. Tree crown separation within the 30 foot perimeter shall I have a minimum of 10 feet between the edges of the crowns. E. All branches that extend over the roof eaves shall be trimmed and all branches within 15 fed of the chimneys shall be removed. F. 'Low vegetation (less than 6 inches in height) shall be maintained within a 10 foot perimeter around all structures. G. The Applicant shall be responsible for the continued maintenance ofthe defensible space vegetation requirements. 6. The Applicant shall comply with the following additional wildfire mitigation standards: A. Roofs shall be constructed with a Class A roof covering or a Class A assembly as defined in the International Building Code (IBC) Section 1505.2. Wood shakelshingle roof coverings are prohibited. Roofs with less than a 3:12 pitch are not permitted unless they comply with the following: 1) All roof coverings shall be noncombustible materials and installed on a Class A roof assembly. 2) All roof coverings shall have a surface that shall facilitate the natural process of clearing the roof. 3) All roof designs shall facilitate the natural process of clearing roof debris. Protrusions above the roofline, such as parapets. shall be prohibited. 0 00026 ® Administrative Decision No. % -1005 ,OI9a1Y191 ��IIII NU Page: 10/06/20M 99:43: Page 3 SILVIN DAVIS PITKrN COIRM CO R 9.09 D 9.00 4) Roofs shall be installed as required by the adopted building code and shall have a minimum slope of 1:48. 5) All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshal prior to submittal of a building permit application. B. Vents shall be screened with corrosive resistant wire mesh with mesh'' /. inch maximum. C. Roofs and gutters shall be kept clear of debris. D. Yards shall be kept clear of all litter, slash, and flammable debris. E. All flammable materials and firewood/wood piles shall be stored on a parallel contour a minimum of 15 feet away from any structure. F. Swimming pools or ponds shall be accessible to Fire Department vehicles. G. Fences shall be kept clear of brush and debris. H. Wood knees shall not connect to the structure. 1. Fuel tanks shall be installed underground with an approved container. J. Propane tanks shall be installed according to NFPA 48 standards find on a contour away from the structure with standard defensible space vegetation mitigation around any above - ground tank. Any wood enclosure around the tank shall be constructed with materials approved for 2 hour fire- resistive construction on the exterior side of the walls. K. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher placed in a visible and accessible location. L. Addresses shall be clearly marked with 2 inch non - combustible letters and shall be visible and installed on a ram- combustible post. ® M. New utility lines shall be buried within the driveway. 7. No development, including grading, excavation, fill placement, berming, landscaping, vegetation removal or disturbance or septic system shall occur outside of the approved building, wastewater or accesa/landscaping envelopes. 8. All areas disturbed by construction shall be ravegetated within one growing season of the project's completion. 9. The Applicant shall submit a Landscaping Plan prior to the submittal for any building permits to the Community Development Department for review and approval. 10. The exterior of the residence shall be finished in natural colors and materials that blend with the surroundings of the immediate vicinity. Roof materials shall be non- refleetive. Color and material samples shall be provided to Community Development for approval prior to issuance of building permits. 11. The Applicant shall adhere to all material representations made in the application and shall consider those representations to be conditions of approval, unless amended by other conditions. 12. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkir, County Land Use Code, § 4-140 and C.R.S., § 24- 68.105. The statutory vested rights granted herein shall expire on ' n th, 2008. n LJ 000027 • Adminish ative Decision Na. %2005 Page 4 APPROVED by the Director, this 6 tX day o PeL r 2005. ndy Houben, Community Development Director PI #27 III' 1101111 5 10 0/2005 00:431 P 126.05 511101005 ,III Page: 4 et 4 61LVIA DAMS PITKIN COUNTY DD R 0.00 0 0.00 J `� 1Q28 +`f, • O ao 5 (a) tVIX ANE);DNBNT to the WW SES11tICTIVE COVENANTS OF THC ASPEN TENNIS MUD SUEDIVrsIO)I WHEP.EAS, the Aspen Tennis Club Subdivision was created l 3 at e Colorado, and amended by kin Pltkin County, Colo Pege (b) of record instrumtnt filet in Plat nooY. 7 at Page 1,1 and WHEREA.S, the Aspen Tennis Club Subdivision is further Roetrictive CovenantE filed on F uncumbored by the requirements of B ook 216 at Page 132 of the records Oct 14,1965 , C l r of o Colorado; and .lIJJCREMI the Plat and Restrictive covenants i d e ntif yn an .C3 d x open space 'Green Area " for a bridle Pa g CAZifi g ( two- thirds R Cov kiltpprovalaof a me n dment fourteen(14) lea t roquires an tpp ° �k present - )wners; and WHEREAS, the Aspen /Snowmass Nordic Council has requested to allow for a an amestdinent to '_here pestlictive Covenants, "Green Areas' and public trail to be placed on the open apace ® WHEREAS, such a trail alignment is shown as Exhibit A; NOVI, THEREFORE, the undersigned property owners, by amendment to the a two - thirds of present owners, do approve an by the repegl and re- enactment f Restrictive c ovenants of Section 5.3 as follows "5.3. Restrictions on Use of Commons Areas The common grounds, as shown on the plat of the Aspen Tennis Club Area, shall be used for no other p purpos th n (a) stable facilities, includin axce t that the Aspen /Snow ring, and (b) bridle paths; P signs, is mass uactrailreas ment ana permit permitted eetab- hereby y granted lish andmaintain a pedestrian /nordic skiing tra il, including a trail bridge over Maroon Creek, as depicted on the annexed Exhibit "A" and subject to the following conditions .b O ao =° (a) The trail shall be no more than I2 Feet WW in width. _ C e (b) No motorized traffic, except maintenance vehi- F `= cles, shall be permitted on the trail. CD .C3 d x m ( The Nordic Council shall inspect and maintain in clean N ° �k the trail and bridges, Keeping them a 1 �1 0029 .b • (d) The bridge constructed shall conform and harmonize with the natural surrounding as to de -*ign, materials, color, site, height and grade. le) The Nordic Council shall indemnify the home- owners to the extent permitted by law, against ••roper:y damage and personal injury arising from t`. , use of the trail not caused by the acts or negligence of the homeowners or their agents. ;'C.'d 6 .._ and cerviceab)e condition and free from trash and debris. i pit (f) If any of these conditions are not fulfilled, the homeowners may revoke this easement and permit by two - thirds vote as provided in these Restrictive Covenants, after thirty (30) days notice to the Nordic Council, or suoceasors and assigns, of such default and failure by the Nordic Council to remedy such default." UOU.l; Adds, a L ot No. pate Irf 1. n1Pr`.t :..� I)fC 5 a b'S , ; ,•G �'i. ter. �c,.., sl.� :, �• c S S .. ir, '7 1 , iss 00 %at Kmoy^ * OW !ae 4, tt 3r 0 ® 6 7 B 9 10 11 12 13 14 2 E r i t �i U 000,030 E .• .ten.- ' 1��{. �.. l " �..✓..� ../ .d...IMI \/�^ ..1 AFFIDAVIT OF PROOF OF SIONATORS 1, Craig C. ward, do hereby declare that each of the foregoing signatory has represented to me that he /she is a current owner of a lot within the Aspen Tennis Club SubdLviaionl that each of the signators willingly, and as a free act, a:gned the foregoing two (2) page document, AM AMENDMENT TO THE RESTRICTIVE COVENANTS OF THE ASPEN TENNIS CLUB SUDDIVISIONI and that t was a witness to their aigninq. Craiq . Herd STATE OF COLORADO) ) as. COUNTY OF PITKIN ) ® Tha fore inq was acknowledged 'before me this day. of _et —, 1985, by Craig C. Ward. Witnear •'UJoc, n1 my hand and official seal. My Commission lI Notary Public Address rr'' expires: `• / 7' O tj 3 E . Pik 000pi - M• r, 4 " il l ' .� IJL.J - �� and nerviceable condition an free froo. tranh and debris. id) harmo with the constructed natural $hall and as to design, materials, color, mite, height and grade. (e) The Nordic Council shall indernify the homo- owners, to the extent permitted by law, against property dan.ago and personal injury arising from the use of the trail not cnuaed by the acts or negligence of the homeowners or their agents. if) If any of these conditions are not fulfilled, homeowners the permit bytwo- thir e m two-thirds v ote as provided in these Restrictive Covenants, after thirty (30) days notice to the Nordic Council, or successors and assigns, of such default end failure by the Nordic Council to remedy such default." ' � II ' yp ! fro • pate � . •fir t � .// �, r ,.r , ..�, e ARKANSAS STATE OF 40190PA4 as. COUNTY OF 000111: ) 1fie foregoing was ackrow od me this day of Au �_ , Y�tn'�5, by cbefore ,Witness my hand and official seal. . r• is •- 4 tc Notary Public / N 1 j+ �' % Ilnrrinon, ArMnsnan 7260] •r, 041'* f OUXSA Address .,% ;• • My Commission expires: 11/i R/93 2 n LJ 300032 • Dua 51 1 r ?n and serviceable condition and free from trash and debris. (d) The bridge constructed shall conform and ;tarmoniso with the natural surrounding as to design, materials, color, sit•, height and grade. (e) owners, to xt ntS permitted by Indemnify the home- w, against property damage and personal injury arising from the use of the trail not caused by the acts or negligence of the homeowners or their agents. (f) if any of these conditions are not fulfilled, the homeowners may revoke this easement and permit by two - thirds vote as provided in these Restrictive Covenants, after thirty (30) days not assigns, of such r andfailu succ re » and by the Nordic Council to remedy such default. �ir�•Ua �� 1,ro1 . .i1J�.al h� � � DAU /t {�/�'�.'f.rn �.r. ''�• ` STATE OP COLORADO ) COUNTY OF 0 4�••' . aeh� ord ing was aoknoa] day d e before• me tbi4`+ 5� ' •. i of � — , 1985, by y 1. witness my hand and official seal. PUU ?4 C- 7jetary Publi (/ ivy X Address My Commission expires: 2 rq 000033 . a , !1C 5 1 f i m5: ? ''6 and serviceable condition and free from trash and debris. idl harmonize g the rnatural shall and design, raterials, color, site, height and grade. (e) owners, to extent permitted by Council shall property damage and personal injury erising from the use of the trail not caused by the nets or negligence of the homeowners or their agents. (r) If any of these conditions are not fulfilled, the homeowners may revoke this easement and permit by two - thirds vote as provided in these Restrictive Covenants, after thirty (30) days notice faultlandrfail successors failure by the Nordic Council to remedy such default.' STATE OF COLORADO COUNTY OF r ° &" E �. 0 ''' . ��:-r1• ply c: ontni.seion expires: , . The foregoing was acknowledged before, me this clay of F! 19 , by "'•' ••� Witness my hand and official sent. Notary Public Address 2 h 0 00034 Ki6 .:; a�7 I VX to and serviceable condition and free from trash and debria. (d) harmonize�'witho r shall r thenaturalsurroundingas design, materials, color, Bite, height and grade. (e) owners, toc th u extent permitted m by f law the Aainst property damage and personal injury arising the from the the the homeowners OF t acts or negligence heir gl agents. (f) If any of these conditions are not fulfilled, the it homeowners by t thirds pi easement perm provided in these it by notice ttgqosthe N Councils or thirty successors r the Nord JcsCounciluto remedy default default- failure by `� nddc Lat No. Udt> 1 - iilsr►rs 9L 1 STATE OF M78f*" J 1DA ) es. COUtiTY OF ,,,,��`h�e �f�ojje oinq was ackno er ieUFemethis day of _.11l�stgld 19175, by witnocs my hand and official Deal: ,.a MARY PW I. ' Vl - F to ol. t tty Comm expires t oy v,.IS1 ',fig •, g °'b \\ i,1 '.FUDLSGI +: 2 c' ,,• "•4 i r ' Is e t x 1 i 000035 • r podestrian bridge .. r • i�/rrv, ...., r . N • �... + r W {� : r « '•' trail aligImmit :',�ll ' r x �': ftiJ.•l fi5}J..:4. :,•Nt {.il. �•/ KS,�Xr'� . (f/ jz SSNAO•.`lSt4; tth !1 . r. .. 'Y .. , +. .......114 `' %' �% t71 w. , / Y / •.`... • ;� /. :• ::;' i' t5. �y:. : . .. iS,r !!�). �) t�,' �\•P ,+ no r �• 5 .M EXH161T A - 0 } f ^ f � r `. • ,. Mt a 68 . t J9 4 Ln5 a C n k RO ur, no r �• 5 .M EXH161T A - 0 } f ^ f � i J C 090036 Ntl ,Z t J9 M 1 i J C 090036 waficwto 3W& X. so an 10 Whom amm rememb sum oEdEr wouggam ho.f *flom"Amdu am" xamd On of AU Vim*# MWNO an*" of Go m drilr of SOME amp&* of mop""Wof"o Aw e meomm ef as 4% qlAVA Inv, mm stfeoeM Mr law 00 hAWOZOW i" mew SMAWARIPOW M , 1 fW.A WNW. yT amodw SO tu oil" yw of of Avler W as Mid Z"*, F" so Aw 0; ft"Pr gmffA ma" "m fto I now waver wep SO Abe Van" Aim" of dowles, A. "W"W"m IV so P it me mond ddo IV appow w mug& a" mwi64 Ammobow andom & on mmd /ew Wh She mu_.-;; ow J#_.AU__hmfi Mw emir fmal aim dome"? 70 Iga" ad to 5*0 prbarAwl boumm" god ww makwo, � mowpioo ler �_af � whab mid Awbw fivowl rJAW of ww wow mad dwpww,~,4 " • V maw pwwm, ow ?4vw of AWW "d popmom S" Uwe PV Of OW &I PWIN&W mod 4400064M Ir Us kml Minsk hm mad V " Of AM IMM.lf 40 FVPfWmr at& Mo V k* Of N*OW MW mmw A40 Ori w biwoo as RMIM hwd, pookA " of drbw. AN" flow" Mom Me w w wife l oleab fwd MM AW of Me"Mmorof AWO don Gives unddp W Awm4 of Ao a* of 1"NAVOM, day In Iw Few; 't hum" w Motor Ale a r rxz ..... ......... Aawd the of - - -.. A 0 uw ........ ... --- J. A jo�44K'm 030037 it"Opkive lie llu - ti?? .•,w• '< - T� - t • _. t »bS� ! k6na� 0- ` 1,=[443 RIGHT' OF lay AND YABOSHr ASM LAW AMD WAM NR�AP/�f CO. , Orantor(s), of ASPEN a 1o�75 GULVaracLoas, Outt claim ()OIQLl/ln0 decal hereby oonvay and assingIrpst I(OCrr 140111IMIN MATURAL r, Colo----. Grates, its successors and esalgne, for the am of UOLSAU IS ) and other good anti valuable cwsidera. tic", wh ea is hsra auknowladp 7 r slit of way and easement fifty (50) feet in wldth, to lay, nsintain, operate, repair, altar, Lompaet, protect, rnesw and replace pipe. lines, valves, valve haras and ether gas distribution and related facilities over, through, under and seroa the following described lmd,and promises situated In the County Of PITEIN , state of Colorado twits The: part of the WA of Section 11, T.108.,R.83W., 6th P. M., more fully described in Document No. 101525, Book 176, Page 260 of the records for Pitkin County. For purposes of oautruction only, the width of said right- cf-way is thirty -five (35 feet, but for saintenanas, operation and repair, the width of said right -ofway is ].felted to twenty (20' ) feet, The Northerly line of said right-ofway is defined as the South line of State Righway 82 and the Southerly line of said right= of-wsy shall Ds parallel thereto; providing, however, from the Westerly line of said treat Easterly to the top of the ridge the width of said right -d4my and the courso of said right -ofway is not subject to the width restrictions as star above. The caster line o[ ofd fj},extand thro h am across the * ])ova described lead and prneAss as on a pia o oeap oT maid line to be recorded in the office of the County Clerk and Recorder. TO NAVE AND TO HOLD tha am A! unto the said Rocky Mountain Natural Gas Company, Inc. its sug- ttaaars .,M assigns, so long a sucA facilities or any of fit= oboes referred to are Owned. operand or omlnrainsd, with the right of Lagrone anti agreed to apd free said right or way to MLM!ln, uperate, repair, altar, Inspect, protect, remove, food replace tha Ones, 11te Orantor(s) shall haw the use of premises except for any use which conflicts with the purposes for which flits right of may and easement in granted, The Grant hereby agrees to pay for damps to crops or fanos resulting free the laying, eractLttg, MLhtatnLN9. operating, cr r moving of said pips lines and related facilitieal scid swaps, if cot actually agreed upon shall be ascertained by three disinterested persons, oils thereof to be appointed by the Orennr(s), ma by the Grant&*, and the third by the two so ap- pointed and the written award of any two ova persons shall be final and eonalusiw. rho Orontor(s) shall not build or construct sot parmit to be built or constructed soy bulld- Ing or other laprovemnat Over or across amid right of way, Thin snowiest And right of way shall be a twenot rnneing with the land and shall be binding upon and inure to the ben,.fir Of Ike hairs, enromaaoss and wigns of the Grantor and the auccemaota and Assigns of the Great*.. Ind sense and pravnlon. )wrote contained co,vl Iloilo the emirA mareeeeal INIwAAn the pAt tide and shall n,parrd,ld ell previous awerunlcatlons, raprauon)loma, air Agreemenit, tdlelhor verl,al pr written, baleen, the furtnen h*rato with rampant to flit mnl.jarl sells" bnrenf. wl rmflj Lhg bAQ'M cold Granter(s) flit* ✓ day of _ 8S >temher 19_x, 'a ASPEN LAND AND WATER DEVELOPMENT CO. ATM 0 rr t � President 01 ;,, .,, - • Se story State of Colorado u County of the Lna rumant was w aaknledpd before we e + • ;rise• Ar A. k li M'I �y+�i This +eirf •t:i day of ,° OI� /� ..,lo �•�.r 19�. ,�, .010 �e SI -r. a'IT . ^!t)!("dsml*gjloA:arpire9 ,? • //' G.5 / Notary M 000038 N s , A _. r M ri17d for record at 9135 a.m. October 14, 1965 RDOK2W PAG[,Se , . • Repepited No." 12210F Hag? S.�gble, Recorder. /' 171.• DECLARATION Or PBOTBCTIVE COYI &W_ RICBARD A. ROLLANS, the fee owner of the following -- ... --'— -- �m ewthaA r etl.yrspel'ty: - - Lots. 1 to 14 inclusive and the Green Area of the 4S Twre CLUB AR as said plat is now an file as bohu- eent No ^4 Book S , Page f6, in the office of the.Clsik and Recorder for Pitkin County, Colorado. DOES HEREBY RARE the following Declaration as to the Protective Covenants affecting the lots or parcels of land constituting the subdivision. I. PMPOSE 11 1.1 The purpose of these Protective Covenants is to protect the natural beauty and surroundings insofar as is possible in the performance of the development of the subdivision in a -- wanner -in keeping with the highest standards of quality. 1.2 Definitions The term "residential use" shall be held and construed to exclude commercial and professional uses and the erection of hospitals, apartment houses and nursing hbmes. 1.3 Tars of Covenants The covenants contained in-this Declaration shall terminate thirty (30) yeare after the date of execution of this instrument; provided, however, the term may be extended by the action of a majority of the land ewners holding title to the lands at the expiration of the twenty -ninth (29th) year oI this term. Any such extention of the term shall be for such period as the land owners may elect. 1.4 Covenants to Run With the Land * All of the coven- ants contained in this instrument shall run with the land and their benefits and burdens shall enure to the owlers of all the lands in the subdivision area. ` •V N w- '.9000119 a , • . ••}yam - 4+! -�''� .. � . �w--' � •r t '�'"_r' .._ -.. .. r._— `..!�'S'' . . '. .. � `' .• -, ..-. ., a :.— Y_ 1.5 ilevsr_ ab_ S1TLy;..Bhould any pDrtion of these covenants be declared invalid or uniaforcable by a Court of oompetent j uris- T'., • dintion, the validity of the ramadning'onwamma a►.ii 0 . ABCBITSCTOBAL WITM coidsings `iA � "6 JjitiI6W The Architectural Control Committee shall be appointed by the Board of Directors of the Aspen Tennis Clilb'projfefty owners',Association tad'shall consist'of three (9) » members who shall serve for a term of''two' years or until their , successors shall be duly elbcte(f and'•qualifisd. 2.2 Approval B;irchitectural Control Committee Prior - - - T to- the cossedoemeaE'ei bbe of #mprefemeals o€- sny -iimt including but not limited to (g) dwelling housds, (b) swimming pools, ® (e)'tsnni.s courts, (d) ponds, (e) fences, (f) wails, tg) garsaos,• (h) drives, ji) curbs and W walks, the plans for such improvements Main Do su=:LtT.60 fo - 'Vie ;Cs'mpitwe for The Architectural Control Committee shall take•action 1. •. within thirty (20) days after complete architectural plans are sub- matted to itafor approval. Failure to take such action within the time period aforesaid shall_be deemed to be approval,. Any land- •scaping exclusive of Planting�of6anuals and perennial flowers, the Reeding of lawniand foundation planting shall be subject to approval Committee': - 2.8 General Reautrreseats The Committee shall ekercise its beet judgment to see that all improvements, construction, and ;11Mtsosping and alterations on She lands within the 'Aspen-Tennis Club Area c6Rfora,sa¢•harmonize with the natural surroundings and. with existing structures he to external dea3gn, msterials„ coldr, height'; topography, -grade -apd finished'grou. wlevatton - ---- - �": p00K?i'�.� PACt The Arohitectural•Comittee shall protect the aecluslod''bf each' home eite from other home sites insofar as possible: F,4 Preliminary Approvals Persons or associations who " ant _OitiF construction of improvements on lands^iii:thin the Aspen Arms, whether they already own lands in the subdivision or are contemplating the purchase of such lands, may submit prelim- inary sketches of any improvements to the Architectural Committee .. for informal and preliminary approval or disapproval. The Archi- tectural Committee shall never be finally committed or bound by any preliminary or informal approval or disapproval until such time an complete architectural plans are submitted and approved or disc ' - -- _ aP ➢ roved. _ _ $.6 Architectural.PlAps :. The Architectural Control ® Com shall disapprove any architectural plans submitted to it which are not sufficient for it to exercise the judgment required of it by t%ese covenants. 2.6 Architectural Committee Not Liable The Architect= • ural ♦Control Committee shall not be liable in damages to per- son or association submitting any architectural plans for approval, or to any owner or owners of lands within the Aspen Tennis Club. `Area by reason of any action, failure to act, .approval, disapproval or-failure to approve or disapprove, with regard to such.arghi- tectural plans. Any person or association acquiring the title to any property in the Aspen Tennis Club Area, or any person or "so- 'ciation submitting pAub to the Architectural Control Committee for approval, by so doing does agree and covenant that he or,it will -.. net bring any setiop suit tp recovar damages against the Ardh'i- tectural Control Committee, its sember dndividuals, or its advisor, employees, or agents,. 2.7 Written Records The Architectural Control Committee ® 'shall' keep -and safeguard for at - least five (6) years complete -3- . OENERAI. RESTRICTIONS E 3.1 Zoning Regulations No lands within the Aspen Tennis - Club Area"shall ever be occupied or used by or for any structure y or purpose or in any manner, which is contrary to the zoning reg- ulations of Pitkin County, 8610rado, or each governmental body as .may be respofisible for the promulgation of such zoning regulatltons5 validly in force from time to time, except as the same may be al- lowed under said regulations as a non - conforming structure or use,_ 3.2 No Yfning•,•Drillinx or Quarrying No mining, quarry - ing, tunneling, excavating, or drilling for any substances within -the eart4., shall ever be permitted within the limits of the Aspen Tennis Club Area, The mineral And surfage estates may not be 'severed by any'ownen, C 8.3 No Business or Coatmercial Use None of, the re )9id- shtial lots, being Lots I to 14 in the Aspen Tennis Club Ares, shall eveAe occupied Used for any commercial business or al purpoe'd. Rental of ii residenoe for residential purposes, includ- 1. ing short term rentals-of less than thirty (30) days shall not be ~ construed an a'oommercial.purpose. Only one (1) family plus dom- estic servahts"May ever occupy my residence constructed on the Ooresaid lots. 3,4, A!jt No advertising signs, billboards, unsightly objects or nuisances shall tie erected, OteAed, or permitted to remafh on any site in the Aspen Tennis Club - Area. e 000042 perldnept wwl ten records of all applications fbr, approval sub _ .mitw to it :( including one set of all .architectural plans so submitted) a" of all Actions of approval or disapproval and all other actions taken by it under the.provisibrs of this instrument, - 1 III OENERAI. RESTRICTIONS E 3.1 Zoning Regulations No lands within the Aspen Tennis - Club Area"shall ever be occupied or used by or for any structure y or purpose or in any manner, which is contrary to the zoning reg- ulations of Pitkin County, 8610rado, or each governmental body as .may be respofisible for the promulgation of such zoning regulatltons5 validly in force from time to time, except as the same may be al- lowed under said regulations as a non - conforming structure or use,_ 3.2 No Yfning•,•Drillinx or Quarrying No mining, quarry - ing, tunneling, excavating, or drilling for any substances within -the eart4., shall ever be permitted within the limits of the Aspen Tennis Club Area, The mineral And surfage estates may not be 'severed by any'ownen, C 8.3 No Business or Coatmercial Use None of, the re )9id- shtial lots, being Lots I to 14 in the Aspen Tennis Club Ares, shall eveAe occupied Used for any commercial business or al purpoe'd. Rental of ii residenoe for residential purposes, includ- 1. ing short term rentals-of less than thirty (30) days shall not be ~ construed an a'oommercial.purpose. Only one (1) family plus dom- estic servahts"May ever occupy my residence constructed on the Ooresaid lots. 3,4, A!jt No advertising signs, billboards, unsightly objects or nuisances shall tie erected, OteAed, or permitted to remafh on any site in the Aspen Tennis Club - Area. e 000042 • 1 k BUM PQ 136 ( 3.b AnimaXe No animals or'poul'try shall he kept on any lands 'in the Aspen Tennis Club Area except- ordinary household -pets belonging to the household. The Architectural Committee may re- quire any owner or less# of lands within the Aspen Tennis CAb Arda to remove any animals, except ordinary household pe44_from his premises. Wo'horses or cows will be .permitted to be.*Vc.„'ori any residential site. The Aspen Tennis Club Ltd. shall have alt rights. pertaining to certain household pets belonging to the household of any owner or lesee of lands- within the Aspen Tennis Club Area, 3.6 Re.- Subdivisfbn No tract described on the recorded plat of the Aspen Tennis Club Area shall ever 'be -re-subdivided ' r into smaller sites or lote.nor, conveyed or encumbered in any less thgn the full original dimensions as shown on recorded plat. "of the Aspen Tennis Club Area; provided, thai conveyances or dedica- tions of easements for utilities may be made for less than all of one site. 3.7 Co shining Sites If two (2) or..mpre coptigucue realL '. idential sites ire owned by e same owner or owners they may be c6mbine&,into• one or more 1srger,,.residential•sites by means of a written document executed and acknowledged by' all of- the ,pwners thereof, approved by the Architectural Control Committee and eorded in ^.the coal property records of Pitkin County, Colorado. site-if combined may be re- slibdividAd - prior consent of the Architectural Control Committee. , 3.8: Fences or Malls No fence or wa1l:L" shall be con- . r structed or- maintained on any lot in said subdivision higher'than six (6) feet In the ewebt lot owners construct fences or other structures u 6 desoribed'id the official plat of the Aspen Tennis Club Area, the owner shall have the sole. obligation .) ° $ 333044 w -, I s w l� • � BOOKIG�fI�dCf�J� and liability to restore such fences and structures.in the event of ction or damage through construction, maintenance or .repair 40 any utility service. . 3.9 Minimum Size of Main Residence: No floor area of the.maln residence exclusive of open porches, basements., car ports and garagAs in the Aspen Tennis Club Area shall be leas than one thousand, (•1,000) square- feet. IV RESTRICTIONS ON RESIDENTIAL SITES 1 4.1 Service Yards sad Trash Ser8icb yards', clothes lies, wood piles or trash piles on any site in the Aspen Tennis Club Area shall be kept screened by- adequate planting or fencing so as to conceal then from the view of neighboring sitev, streets and access Toads. All rubbish and trash shall be removed from all sites in the Aspen Tennis Club Area and shall not be allowed to ® accumulate and shall not be burned thereon. 4.2 Undergrro(ind Utility Lines All water, gas, electric and telephone pipes and lines and all other utility lines within the limits of the Aspen Tennis Club Area shall be buried underground and may not be carried on overhead poles nor above the surface of the ground.. 4.3 Number and Location bf Buildings No buildings or structures shall be placed, erected, altered, or•permitted to re- mainron any residential traL't other than one (1) detached single- family dwelling bouse. No dwelling house shall be placed, erectedd, altered, or permitted to remain on any residential site at any site or location other than that indicated on the recorded plat of the -Aspen Tennis Club Area except as otherwise specifically per -' mitted by the i Wchitectursl Control Committee. Ja�i��a. ® 4.4 Construction Work All construction and alteration'' work shall �be•proseeute ent d dill ly, and each building, structure or improve:gent which is commrced on any residential tract shall be. entirely completed within eighteen (18) months after copmencement of construction. 14 ' 4.5 Set -Back Any and all bOildings shall be set -back fm the front lot line and set -back fromrthe rear and aide lot lines of any lots. This set -back will be deteraninbd by the Archi- tectural Control Committee of the Aspen Tennis Clul; "Area and cur - rent'zoninq regulations. The front lot line is d$flned to mean that lot line/abutti streets platted In the Aspen Tennis'tlub Area plat. l 4.8 Towers and Antennae There shall be no exterior • radio or television antennaem, or towers. 4.1 Trees and Landscaping No trees o4-*brush.groWing, on any residential site.shall be felled or trimmed nor sh'I any ®natural areas 'be cleared or landscaping performegtAn any residen- tial site without the prior written permission of the Architect -. ural Control Committee. The Aspen Tennis Club, Ltd, shall have the right to maintain and care for any and all trees or brush growing on any residential site which the Architectural Control Committee deems is not tieing cared•for or maintained properly. Any such work shall be at the expense of the lot owner. 4:8 .Tanta No elevated tanks of any kind shall be erected, -placed or permitted upon any resid ?ntial site. 4:9 a or Temporary Structure No used or pregious- ly erected-op temporary house, structure, house- trailer, or non - permanent outbuilding shall ever be placed, erected or allowed to remain on any residential tract, except. during construction periods, and no dwelling house shall be occupied in any ma4ner prl- or to its completion. ^ _,r- 7•w 000045 1 4.10 . *Aterior Lighti All exterior lights and.light standards on. residential sites shall be aliproved by the•Architect- ural Control Committee for harmonious development and the preven- tiou of lighting nuisances to other lands in the Aspen Tennis i Club Ar A.11 - Off-Street Parking No dwelling house shall be constructed on any resi enti ;l site unless there is concurrently constructed on the same site adsquate,off> street parkfng area for Jv at least four (4) automobiles.• 4 4.12 Garbage Disposal and Sanitary Systemp Each dwel- linf house or other structure containing a kitchen constructed on any reside ntial site irk the Aspen Te:lnis Club 'Area shall be -equip= yed with a garbage grivder or ggFbage disposal bnit of a type agprovpd by the Architectural Control Committee. No sewage die - pq system, sanitary system, cesspool or septic tank shall be Constructed, altered, or allowed to remain or be used on any site unless, the specificatkons• therefor and construction fully .conform as to design, capacity, location and construction with the regula- tione then in effect of the public health agencies : of -the State of Colorado and the County' of Phkin having indict ion thereof and also by, the Architectural Control Committee, YISC$LLANNOUS 5.1, BnIformment Actions The Architectural Control Committee shall have the right to prosecute any. action to enforce the provisions of all of these covenants by injunctive relief, on behalf of itsdif and all or part of the owners of lands wl,thin An Asped`Tennie Club Area. In addition, each' owner of -land with ® in the Aspen:Tennis'C2ub Area shall have the right to prodecute any action fsr'd113unctive relief and for damages'by reason of any 000046 0 U vidlation of these covenants. 90�:��•«., •'7.7�l1 5,2 Limitations on Actions In the event any construc- tion or alteration orlandscaping work.is commenced upon any of the lands in the Aspen Tennis Club Ares in violation.of these covenants and no action is commenced with s2xty (60) days there- after to restrain such violation, then. injunctive or equitable relief shall be denied but an action for damages shall be avail- y party aggrieved, Said sixty (60) day limitat n io ghIL able to an Ii not apply to injunctive op equitable relief against other vio -' lations of theme covenants. 5.3 Restrictions on use of Commons Area The common grounds, as shown on the plat df The A -,pen Tennis •Club Afea - shall be used for no other purposes than (a) stable facilities. i . 4luding barn, paddocks and riding ping and-(b) bridal paths. 5.4 Paragraph Readings The section and paraoaph- heiidings used herein are for convenience onlr4nd shall not be construed to enlarge or proscribe any of the,c'ovenahts'cbntained herein. N5.5 Amendment These covenants may be amended by the concurrence of not less than a two- thirds majority of the total number of persons owning lots voting in favor such. amendments; provided, however; that no amendment of these' covenants may be adopted prior to January 1, 106$. It is further provided,that sly one (1) vote eliall be. allgcated to persons, firms or•corporatibns (a) owning more than.one (1) lot or (b) persona, firms or eor- poretions owning one (1) lot or more in point tenaney'or tenancy in. common. 10047 EXECUTED. with effective dati of Augq;U 27, 1865. W. 1 Kzcft%rd A. flo ars I si]ura•ol� ca%tn� Q,� eooK�l;; ,act FL so.' 1 ticleilowledgs that the foregoing Declaration of Pro- ' ww, executed before se this -17 My of tective Covtiaapt�l ,'1965, by Hichird A. Hollars; MitneQg my hand and notar4al MORI. Hy Coas9ati0rq, expires: "L �� tyr Rotary Puri c IW G L I ............ r . > 000048 { 5 > 000048 -10- { -10- • F O MPTINAM PM Sara MaM CX efoi2$1 ))(14 We aoatraot for water so"L" mode this - 0; day Of - , lsafp by and between the City of cep", colored*, �- • Li al eeepor•tim eating by and Orono stn CL oil, bareiesFter rafetred to as 'city•, add of Punta cmnty, Colorado, hereinafter H rrad to u bat+, user•, , MiflRfRaU MMMMfaq, the City of hopes, Calorala, has and artmtaim variant water collective, transmission and distribution facilities for the patpoee of supplying domestic Water to the Inhabitants of such City, and IM MAN, twtfsaiatt quantities of water no available to the City to eataad Its water aarviou to are" In the vioinity of the City mitustsd Outside the City limits of snob City and In Pith)n Costly, and VMRCJ d, the City will deliver domestic water to the water users outside Of the city limits or such City, under Written term AM conditional and Pitai for raeord at jilt *$*feet P. W July is. Sods Ma eap efes Ma. 114th Pe r. Cella, taeorder MIMMMaM, the water now desires to use such domestic water and is agreeable to each and all of the term and conditions isq »esd by the City on water eaar• situated mtaids the City of Aspen, Colorado. Plat, TK MEICpM, for and In consideration of the delivery of water to the water uses, it is &on" es follower 1. Hater veer agrees; W To pey rot all Weser delivered at the rates "tabsis)ild by ordiasaes by City. (b) se ppsayy m fur ovate or lP��p,Ing the water main, lo) to fatnisb all teriale, equipment and letor segntma lien the point or ton to the point or poLb or me. Id) opal the east of any water "ter required by N) to p w% mete of installation or such water aster. (t) to ~ y with say and ALL dt b and City and sneleas adopted by y oho , City or City or she City4 water t co ma mp,, solacing W waits nes, mWlus semi sates. (a) at soft time es tM promise& to be sewed by the within the beutl•rse Oftraet W" the City of Aspen "dw to Satan, the applleant specifically apess to feeesat to much anmmus"ve, sabfeft o"T to � of�terrritory to as waiiekAl Pertinent @) It to aMetwtof I by the Water am that at soy time that the besiwa or dwel3iaw unite »road trusts a, fublit health lasard, the Claw of arms 000049 9 . ! „ !.r'L41 :1:46! 1. It Sa apseifioelly uo&=tood AM agrsed that the City reeervso the right and privilege of tarwLneting water service to the rater war at any tiou, and that the aaw way a dens without Cause. 1. It is understood that this agra"ont shall be binding upon the applicant hLwealf, his heirs, legat"s, devisee, his perssnel reprsaentatives, and "Signs, and that such agreacent in its sutiroty conatitutes a csvaseat running with the 1 "d, and for the" purposes the 1 "d to be served by the tap it described as follows, Loh 1 dtreagk 11, Y.: -ash "A" and "8" known u Wa Aspen 1W" Cvb Ara. • ksaauted by the mayor of the City of Aspen, Colorado, and c; Y, by the Clerk, over the Seat of the City, and executed by ,r User, the day and year first above written. r ' ' S)� V 1 City of Aspen, Colorado i �V•, �a1 3 f� ny . � •� er \ 11� 1 � ULMY CLOCK CK / Asp ptrlB. "stow User for:.rI ._ at! i4 . o'e1'oak .11�N. ! Aug 1966 aseorder Avaf/��'' pr ties (le L�lSbll ' Te�k� i, �eb�M. a' .role 'LATER BnvI VA eoctradh,00r: i16*0 this �< T_ 4ay: of y pe Colorado �tAa �!'! of Ae n, f 00 6 1 t'�rtporationnq�by tit bgA its City Council. And , • f he�e{fys W ICStye. EOAr TOV of Pitllie Ceuhty, 0"04,' ,persinaftsi referred to as "water users, . IfIl11#s6ttnm 'II "MMA, the Cry Aspinr Colorado, like and maintains varioci water oolleotida, *iAnsmission and distribution facilities for the purpose of st;61Y (lq domestic water iO the inhabitants of d t such Cityi.ah 100ip4 sufflcisntl quantities of water ate available to the ' C1 to eI its water hertice areas in the vicinity of the Clt gtuated outside the City; limits of such city Arid in Pitkin n CM City wd ;i,•d�iliver domestic water to the water ` O V o cut ide of the City. }i.lta of each City, under written terms l and aom�¢ll�lonal and 't f MUiw the water desires to use such'domestid water &Ali ke agAee'sb� s to each Send'ill of the terms and conditions imposed by'ghs City on water usage signated outside the city of Aspen, co , II Off, T fo4 and ln,00neiderotion of the dellvery of water fo•th� later user, it is agreed as follodst r 1': : wore ; user agrees 'III (AI to pay fqqr ail water delivered at the rates i eelabllocd by ordinance by City. 7b pa for oogQete of ta�p{�pPlnq thq wALer wain. 1 lox ;To fu rnish pll naterisle, equiprmnl and labor required fgpm tits point of tau to tits point or 'Points of uhs. (d) To pay the boat of any water Deter required Sy l ° ' . the city. ; (qk ft pity the costa of installation of such water .I� meteor. (fy To ooeply with any and all ordinance■, resolutions i and �vvllee0 sied regulations adopted by she City or i l•• the rlty le. water manager, relatinq to water coa service and rates. Y91 At smoh time as the prsmiaes to oe served by the %spa: cowered in this agreesrnc are included of uded within this seeks todam",o whi the Applicantspoclficallyagr t A spe n 'std consent to such annexation, subject only to 0 cdmpliance with the legal r as tents pertinent '® to annexation of territory to a municipality. i lam tie i s that w user that A t dwellinq units served create a public health hasard, the City of Aspen w11•1 Iemsdlataly tar+.lnaLe -later service to savl pt swt •s. 000051 _ 2 _ _ B0.1I4zt iAi� l ub 2. It is specifically understood and agreed that the City reserves the right and privilege of teradnating vatic service to the water user at any tinte and that the sans may bb done without Cause. J. It a understood that this agreement $hail bs:bindinq upon the applicant himself, his heirs, legatees, deviser hli personal repres ant at ives, and. assigns I and that 9401+ ap tfit, in 1 its entirety constitutes a Covenant running with thy. a4A for these purposes the land to be served by the tap ii' OYA}oad as follows. I 1 1 .99 .. Executed by the mayor or the City of A pen, m attested by the Clark, over the seal of the lty, .. the water user, the day and year fir4 bolt ATUST l , i 1 1 11 1 aM i e� lo 1 I 1 I ,i �I j as water UNr ry 3 -,00.52 3 w • I I i 1 , w • I I i 'flled for record at 2:53 Pdf, Aujt. - 2$N 1966 Reception No, 125191 Pe p, • I;gy 8.. Cobb t�georder . R I I O11 � OF VAF^r;R Received of TNR NWNTAIN 5TA313 TMA M -00; AND,Tfol•h)GNAPII _ • Dollars iL %-f in consideration of which the, undersigned hereby grants, •bwrgalus,psl} and ennrey,e Mato said Coapany, its aasociatell and allied companies, lEd and their rpepnc l lJ va successors, assigns, lessees and agent a right of way and easement to eongtruct, operate, maintain, replace and remove such commurlieation systems ae the,:grantees say from time to tin re uire ! - .' 4 9 r'eonsisting of buried China and wires, surface testing terminals, and aArface markers, and other appurtenanbep upon,' over, under and across the- land.which the undersigned ,"a or in which the undersigned ties any - l'ntereet in the fallot�log doincrlbad strip or 11rad. . A strip of (a . nd.20 ('eel In wcJch t O in Lots 1 and 9 ui rj 1, Township lO,South • ' West Of the lh b Pri'neipd! Merid(Jiati, sald rl sLrtp being, siru aLed Range 8:i Adi-1. ant io and abut Ling the Wes Lerly right. of way I'ine dt Colorado. Stale Nighvay /d2 as now 104.111.0d. Said strip Is idenLlcal LO that easement. granted to the Rocky Mountain NAL'ural uas Comphny lnc0rp0r.ateJ laud September 1, Ohl and recurded (q gook 19ri eL Pale 44i, ni I'Slkin t' „unLV, Colorado Records E '"i•: •' a'y Y.__'. Aaoa:: Sx onnn•e Rur,. I..IN N ran ur n. .l ..(nla nr f.UI UI rhos :Irene. non ..nraynnr.. ,U n+. In +•v11.,. np,h lnaludn,. the Inllowl sat r7Ah.1 .. for the cranteaa; or lalrens ana wKr,na .:y.r, .,; nn e04 st'r'ess III, lend ogle.) I:y I';n underel,tnad to and Irae tke nhnvr genm'!h +i 41'1;, for the pwrin!n• yr snt:lslra «Li ri / herpin gran(ei; ,to ,/1,eM- old- keer..,: a,•W.ush, cud steer bbee# wee4 9ae�f*' em'• N/ i "1tO1'jIXXs°#-11m'�ifawtao...,t •wn1 a- rte:rf71. 1'he emdarnl7.rnd trentnr, arw! the un,lera; gr ed'a aul;r•ceeorn, an +t [u ., 1 I leases, shall have thn n.• rt t1,1 ., which u•e hrl•e1:y r4n4rY ^•1; Iv one t;:n surfers erns of thn seasoned .1•n tiv prn�er�y u;an whl.:h III.. ennnmaul In etroh uA4 to lnelndl Ilia I n: I - urrn, ir• Ind. hoverer, I11a will interfere with ar - t,ma )te trio communirell,•r. ayslom m• Vrnl..•r I7 :.1 irnnl Y• u1n•nl lei pIGnt le this grant, ,r +ith,tho maldtanan<a, rnpalr, and relU a: n,.n1:1 .tf ne1.1 4Y -6L.1 000053 w to i l syet4M ' and•,pioperty) .to'Muirb reasonable relocation of any ma : - rkers played �oyond ( r t�» limits'bf the light oilifa and - Easement hereby granted. � 4 Olantees•agrsa thaQ the said 66omuuication systems sha11 be originally placed i t NAt 30 •. ) inches deer: in- ' order to daee'the p'oesibility at intei•favance with the ordirigry and reasonable.use 'Of 48 ( torrs iind� and •to reimburse the mmer for actual losses resulting from da"ge'te.fances ditches and gr-Cwing crops caused by or arising out of the cOnstrlict %On •and maintenance of the aforesaid s.yEten, ° W these presents hdve been eroprtod Ehis _ L s .� i .. • 1 1. 1'. j 000054 Recorded ar 10:11 A.N., Sept 5. 1478 L,.rettn Itnn,rrr arror.:c fler.•pt 1110 Nnrnbrr: P.ESOLUTION " THE �""•••' S BOARD Or COUNTY COMMTSSiONERS 300 54 fAet o- OF PITKIN COUNTI', COL'MDD, GRANTING SUOD /VISION EXEMPTION 'FOR THE REPEAT Of ,LOTS 13 AND .14 Of THE ASPEN TENNIS CLUB SUBOIVlSION /.y , e / W 'EREAS, Mr. Fred Alderfer and Hr. Brent Waldron, are the respective and owners of record for Lots 13 and 14 of the Aspen Tennis Club Subdivision, t, 5 � f z WHEREAS, the owners have n:quested subdivision ex"PtiOn for the replat of the lot line separating their two lots, and WHEREAS, the purpose for the replat of the tot lines from those shown on the original recorded plat is to move th Lot 14. to the north e loi•11w1e separating Lot 13 from in such a way that thS.Tesgti will be the creation of more than the recorded number of parcel, Lot- 13 be 1.x23 acres, and Lot 14•wili be 346011- square feet, and WHEREAS the replated lots shall confom to the m'nim m rl:quirements for area or dimension as established by the aitki, r, ty Land Use Code for the R -30 zone district, and \J WHEREAS, the subject lots are conforming lots and the replat will re- sUlt in a continuation of this conformity, and WHEREAS, the applicable law relating to complied with, and amendment of recorded plats is IRiERcAS, the Board of County Co.nissyoners has the evidence acid test- imony Presented with respect to the application, NOW, TNEREFD.4E V IT RESOLVED by the Board of County Commissioners that it does hereby apprdve the subdivision exertion application as hereinabove described provided no further suodivision of either lot will be permitted. atPitsereby the Boar" of Cou Au 1978 Commissioners of Pitkin County, Colorado, regular meetin Board of County Conanissioners of Pitkin C /ounty, Colorado A e. 10 chairman J APPRoyFo AS To FORM: un 3 00055 1 l t i i E i Piled for record et isl6 o 7. K. Ausudt 39, 1966 Reception No. 145187 NASY R. Coble, Meorder • CONTRACT FOR 17 UR SERVICE This contract for water service wade this J day of -0 196 4 by and between the City of Aspen, Colorado, a Muni pal corporation eating by and through Its city Council, .. hereinafter rslezred to as "City', and of Mkin County, Colorado, hereinafter ra ssrad to as *water user", W ITHESSM S I WHEREAS, the City of Aspen, Colorado, has and saintine various water collection, transmission and distribution facilities for the purpose of supplying domestic water to the inhabitant of such City( and jINEREAB, suffioisnt quantities of water are available to the City to extend its water service to areas in the vicinity of the City situated outside the City limits of such City and in Pitkin Countyi and tsmREae, the City will deliver domestic water to the water users outside of the City limit of such City, under written terms and cenditionsi and HUMM, the water user desires to use such domestic water and is agresable to each and all of the terms and conditions imposed by the City an water users situated outside the City of Aspen, Colorado. NOR, Timmons, for and in consideration of the delivery of water to the water user, it is agreed ae follwdsI 1. •pater user agrees (a) ast all vat*r dolivsrsd the rates (b) To pay for coat of tapping the water main. (o) To furnish all swterials, equipment and labor required fson the point of tao to the point or point of use. (d) To pay the cost of any water meter required by the City. (a) To pay the costs of installation of such watar meter. (f) To caoply with any and all ordinancaS, resolutions and rules and regulations adopted by the Cit or the City's water manger, relating to water use, service and rates. (g) At such time as the promises to be served by the the tract which which the City of within f Aspen seeks to annex, the applicant specifically agrees to consent to such annexation, subject only to acmplianas with the legal requiremanto pertinent to annexation of territory to a. municipality. (h) }ima�ta the bn iness unit a ve create a public health hasard, the City of Aspen will immadiately terminate water service to said promise. 0x00056... _q_ N;us &C ' -JJJ 2, it is specifically understood and agreed that the City reserves the right and privl149e of terminating water service to the water user at any tins, and that the Dams my be done without cause. 3, it is understood that this agreement shall be binding upon the applicant himself, his heirs, legateea;, devises, his I personal representatives, and assigns, and that such agreement in its entirety constitutes a covenant running with the land, and for these purposes the land to be served by the tap is described as follows, Lots 1 tbreush ao, pareWo "A" pea '8" knees as 60 Aspsl rmms chub Am. Executed by the mayor of the City of Aspen, Colorado, and attested by the Clerk, over the seal of the City, and executed by the water user, the day and year first above yritten. City of Aapon, Colorado ATTESTi cit Cl ark titY iii �''�•. ............ 000057 By V-4At aye P+-;N TLNN CLUB Lro. , tot r User ' ATTACHMENT r� J T Q" oo • F kR. f • AsPea,Colorado 81611 000058 303.925.2698 It ., REViSloMs oLDE�FRs�(Fps� �uea�is�oN sQ1LC: ' . ]0' LESIS NK~R M"Y EMr :S W ., '.. BTiFic TE of ESEM"IQIi__�.._. .. •- • . SSLFTI9YEC •C +VS Qervla T, f wt ,r ° ITS M 3W +EtLW S�prE S �92 {+ II\ fi �S,9F� `'�:.�1 - b " ! - .. . i� KCluq ai -CIS w_ AlL� Z }. SumccQ&t. Cwrl fl�T,Fi d ERS�E TyM�. P 4Z F , 5 p y LM a�MQT�'+C�W.SJSMr FP RS LJSM112T I Yi,S/��L� TMtt_Tw KL. I ^ p 4 ry 1M S EV OVSCT la TWMY'?tOYEQT L'"T , i � L �.LMD TUTiM9 j I i B p T }g, IryFLL,�w`S[11LSQ EgSVf T � •3 .�y�py C � Oi y. M ��Sy }S�pmLM1wOV T'LF��p-+kA pF;nlE •JIES, - CgbgtpC - I)T].�. � G'J � �TY. 9v � '!:•.:i• � -rrJ• / .w .' >'AWL tiIRE BRATS L3 nu ' ssp jjOROERk CER pT eaLeIEL MEYE•Zfin.� 3EMVr�.7z5 KET Yq Ltcinen n i.F nralZ OjllR_:.HV A•A KS�DEe -Y e.LL ,OA�LLwGC�R.iE�LGp lrrllE <V�7 l i.�, ��+4'1C.�.13iE. Y1r�,7 LOTS 13 5 I< ASPE17 7 WISS CUR SWO PITH I I a COURT T, COLORADO E s a oi i i ,s Q ` ®� z z CA Q b. 0 000059 z w X 0 w S O x x U K b a = I pis 1; 141 s €.5 a o .� ATTACH �..___ 3, I � i M t I I I i �5�� SrAU.f.w 1M5 MeamOe rLAT s NIIIOee Ir TNI WINIr �11N RT .to tT1IlC�� 010111a MIMIf W J�6 lK fi/M� a I•TNI MATTI* tar eoZ m Ammon Isar M mmom TISe_mw A 150 00ARa OF COUNTY CDa559M" of eNtar mA . Deaaeaw d AATe•JrT Tars DAY OF _ _ . __ AD. R_ Cp�pR . • Srg Tf TOE PSIIT K _ KFTMIne en n man w esewAe Ale na ESeTem w mew er Aemw a wwe5 any annlwr wavA • etEevR sv Iwm I F P HACKERT do hereby catRy thQl 1 our a Remy ;;; Ptobalalol arwar land Surveyor• Surd that I hold crmRmeNo. �� •• m pnkribed under the laws of IbS Site* d L� calm I ku0m a 9M1 b, au9TOtty d Thos Loners, I have mode a Ny d Tv the tract l and dawn on this plCSt Sind described blew. and home eddnickel dtrnxtdkMdinmlae edlu"u.hae- dwr tabe6rown m A!1PEN TENMS CLUB ARie and own eems hm bun oared, surveyed and stakmd on the Orourrd mdlawn an 8lMple. ' OWNER'S DEDICATION Know a dt Thee yrmalb lan ths_andensigrnd owner ( ) d 91e above darElbed tract d lad, bevel, LVLLYd some to be say EM CM emit divided mm ion and stmt m be bweaft r nown k ae the eASs GAP ASPEN TENNIS CLUO ARE TM WIN MIA M AN MIA Of mMMM anneHIP IN wMMO CAW LOT a WALL s M VAIND[D Unse PITIIIIT. Mmes lnrsuruo Ann y .fflrAlf tly I AD., 191e.S� I ! ACKNOWLEDGMENT STATE O£ COLtl County d On tM,.lxLdy d AD.. 191_Cpanonally appeared Wave ee, the undo 'nod Notary Public, m and for said Cour"y d m said Sqr d Cale. SM dgne( ) of the above Owa e. dedication. In number who duly admitidoed to me 9EOd lW dined it lively and voluntarily and for the uses and purposes mneir. co altstX[s nmalam - �.•�•.� L4var/ ASPEN TENNIS CLUB 4RE4 COU Mr7Y PLAN tRG COHF!!ES10F APPROVAL COUNTY SURVEYOR'$ CERTIFICATE APPROVAL AS TO ?OP, V. WU WM S7PKWJVAL 5A RECORDL'D % A JEa TEL � - � - �_ DAY a _. C �- . - A r • CCCrITT efA`elaC I XEa_T CORD TR I MVE NAa Nis rLAT. AND Mm TAAC, AS RAI, L ttJ aCrlXG ^.AM4FCrti1CYKS MRE AnSfy)_. AE T: raeN /Y.¢ �_,.� •:t nrsnaw la TM iDAMa_ ' =7907 EaIRrYASTT a _ / e : s.. XCXAma. AI¢ilUl. Ar lli[ M Of E,TJNNrX+ N. If FJEafIMOI WK AMA's MAt1r DR"�IiAIePTdF _ _._^raWFT lltwrelD° - .ry /rnn.v.r.euea 4rn ( p/i , T. • ; F 0, 30060 ASPEN TENNIS CLUB 4RE4 W • Full -Size Drawings ..................................... ............................... 6................ U AC21vNT lnwloPO Novbw ....................................... ............................... 10T 11 ASPlN TENNIS CW! ................ VID: 2735 -111 41 -005 ��.00E1 PUBLIC NOTICE NOTICE IS HEREBY GIVEN to the general public that on July 27, 2011, the Pitkin County Community Development Director granted approval for the Approving the N2ZASM LTD Activity Envelope Review (Case P033 -11; Deter. 4055- 2011). The property is located at 0301 Pyramid Road and is legally described as Lot 14, Aspen Tennis Club Subdivision. The State Parcel Identification Number for the property is 2735- 111 -01- 005. This site- specific development plan grants a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes. S /Cindy Houben Community Development Director Pitkin County, Colorado Published in the Aspen Times Weekly on AUGUST 7, 2011. PUBLIC NOTICE RE: N2ZASM LTD Activity Envelope Review (Case P033 -11) NOTICE IS HEREBY GIVEN that an application has been submitted by N2ZASM LTD (1800 West Loop South, #1875, Houston, TX 77027) requesting approval of an Activity Envelope for grading work, landscaping, tree removal, and noxious weed abatement. The property is located at 0301 Pyramid Road and is legally described as Lot 14, Aspen Tennis Club Subdivision. The State Parcel Identification Number for the property is 2735- 111 -01 -005. The application is available for public inspection in the Pitkin County Community Development Department, City Hall, 130 S. Galena St., Aspen, CO 81611. For further information, contact Mike Kraemer at (970) 920 -5482. Published in the Aspen Times Weekly on May 22 2011. Attention All Property Owners within 300' of the subiect property A property owner receiving this public notice who wishes to submit comments or an objection shall submit those to the Pitkin County Community Development, 130 South Galena Street, Aspen, Colorado 81611, by June 22, 2011. If any objections to the development application are received the Community Development Department shall continue the application to a public hearing before the Hearing Officer. County of Pitkin } AFFIDAVIT OF NOTICE & } SS. MAILING PURSUANT TO State of Colorado } PITKIN COUNTY LAND USE CODE SECTION 2 -20 -100 I, Dan McCormick , being or representing an Applicant to the Pitkin County Development Department, personally certify that I have complied with the public notice requirements pursuant to Section 2 -20 -100 of the Pitkin County Land Use Regulations in the following manner: By mailing of notice, a copy of which is attached hereto, by first - class, postage prepaid U.S. Mail at least 2 weeks prior to the public comment deadline to all owners of property within 300' of the subject property, as indicated on the attached list, on May 19 , 2011 (which is 15 days prior to the deadline of June 22 , 2011). The names and addresses of the adjacent property owners shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the public comment. 2. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) on the 7 day of June. 2011, which is at least fifteen (15) days prior to the public comment deadline. A photograph of the posted sign is attached hereto. N2ZASM LTD Activity Envelope Review Applicant's name S Signed before me 's 26 day of 201 /b WITNESS MY HAND AND OFFICIAL SEAL My commission expires: 12-23-20// No Qilioe� Notary P'ublic's Signature G: \countyladminlfomsstaffidavit for Activity Envelope/Site Plan(Caretaker_.. _.... !a-/'J June 15, 2011 Shirley M. Henly 1008 Village Circle Erie, CO 80516 -7028 Dear Mr: Kraemer, I am the owner of the property known as Lot 12 Aspen Tennis Club Addition at 227 Pyramid Rd. I am the neighbor of Michael and Lisa Hothouse. Lot 13 and now also Lot 14. My house is occupied by Ms. Nancy Taylor. I have been advised that Lisa and Michael are planning a considerable amount of renovation to Lot 14 and possibly a large entrance gate on the lot line at the entrance to Lot 13. 1 have a permanent easement on the line that joins our two properties together. As for the gate, I do not wish for a gate to be right on that line, as incoming traffic and /or leaving traffic will likely back into my drive way to turn around. I have had a lot of trouble around this issue in the past. Nor do I want a large looming edifice right at the entrance to my property. As for Lot 14: Are they planning to construct any sort of facility on the property? Not as part of this land use review or building permit. Are they planning any additional connection to our shared water well (shared by lot 12 and 13 only)? Not as part of this land use review or building permit. What is the timeframe for the project? Are there start and completion dates required? Work specific to Lot 14 will begin in July pending building permit approvals. Will any Chemicals be used in the removal of the noxious weeds? If so, how will they be policed? Chemicals will not be used to eradicate existing weeds. The county recommended method of mechanical /physical removal will be employed. Will there be any impact to road usage during the time of the work? As you surely know, it is a public road, and access to my house must be insured. Contractors will use the road to access the site during normal construction hours and will not hamper access to neighboring properties. Will heavy machinery be used? A skid steer, mini - excavator and small dump truck will be used. Will there be noise impact to road usage during the removal of trees? If so, what and for how long? It is extremely important to me that my tenant is not inconvenienced nor unduly annoyed over noise traffic, or dust. I am also concerned over my rail fence and whether or not it gets broken /demolished by large trucks coming and going. J?-- My large trees are also of concern that they too might get damaged. Aside from the Cottonwood trees there is one large spruce right at the fence line of the property that I certainly do not want damaged. With due respect to the lady living in my house, it seems reasonable not to start work too early in the AM nor continue too late into the PM. Traffic must be regulated to keep the problem of dust to a minimum, therefore a slow speed will be necessary for all vehicles coming or going, and perhaps watering the road. I have lived through several projects of the Holthouse couple and they can be very intrusive and inconsiderate. I am emphatic about keeping the dust, disturbance, and inconvenience to a minimum for Ms. Taylor and her guest. - Thank you Mike for your time and attention to this matter. Shirley M. Henly 1008 Village Circle Erie, CO 80516 303 - 828 -1433 970 - 618 -3354 Z Shirley M. Henly 1008 Village Circle Erie, CO 80516 -7028 Dear Mr. Kraemer, June 15, 2011 I am the owner of the property known as Lot 12 Aspen Tennis Club Addition at 227 Pyramid Rd. I am the neighbor of Michael and Lisa Holthouse, Lot 13 and now also Lot 14. My house is occupied by Ms. Nancy Taylor. I have been advised that Lisa and Michael are planning a considerable amount of renovation to Lot 14 and possibly a large entrance gate on the lot line at the entrance to Lot 13. I have a permanent easement on the line that joins our two properties together. As for the gate, ; .a -z; io be right on that iine, as incoming traffic and /or leaving traffic will likely back into my drive way to turn around. I have had a lot of trouble around this issue in the past. Nor do I want a large looming edifice right at the entrance to my property. As for Lot 14: Are they planning to construct any sort of facility on the property? Are they planning any additional connection to our shared water well ( shared by lot 12 and 13 only)? What is the timeframe for the project? Are there start and completion dates required? Will any chemicals be used in the removal of the noxious weeds? If so, how will they be policed? Will there be any impact to road usage during the time of the work? As you surely know, it is a public road, and access to my house must be insured. Will heavy machinery be used? Will there be noise impact to road usage during the removal of trees? If so, what and for how long? _ It is extremely important to me that my tenant is not inconvenienced nor unduly annoyed r I of*Nb - over noise, traffic, or dust. I am also concerned over my rail fence and whether or not it gets broken /demolished by large trucks coming and going. My large trees are also of concern that they too might get damaged. Aside from the Cottonwood trees there is one large spruce right at the fence line of the property that I certainly do not want damaged. With due respect to the lady living in my house, it seems reasonable not to start work too early in the AM nor continue too late into the PM. Traffic must be regulated to keep the problem of dust to a minimum, therefore a slow speed will be necessary for all vehicles coming or going, and perhaps watering the road. I have lived through several projects of the Holthouse couple and they can be very intrusive and inconsiderate. I am emphatic about keeping the dust, disturbance, and inconvenience to a minimum for Ms. Taylor and her guest. Thank you Mike for your time and attention to this matter. Shirley /Ijc Shirley M. Henly 1008 Village Circle Erie, CO 80516 303 -828 -1433 970 - 618 -3354 N To: Aspen Tennis Club Homeowners Association Date: March 14, 2011 I agree to abide by the terms as set forth herein: a. Landscaping as proposed will be completed, as required under the by -laws section 4.4, within 18 months. The period will be measured from the beginning of construction until landscaping is substantially completed. If, for reasons beyond the control of the builder, this schedule cannot be met (e.g. winter), on prior written agreement this rule will be relaxed and modified. For projects that exceed the 18 -month period, for the first thirty days after the 18 month period, the Homeowner under construction will pay to the Association $1 per day, thereafter, the I•Iomeowner shall pay to the Association a substantial amount suggested to be at least $250 per day, which amount will increase to $500 per day if construction continues beyond 21 months. These charges shall be promptly paid within 30 days of billing. b. Homeowners should have and present to the Board before construction a plan to limit the use of the Association roads for parking to the extent possible and/or necessary. No parking is allowed without permission on other homeowner's property. c. All building sites should be kept clear of mud, construction debris and other trash so to minimize impacts to neighbors and the Association's roads. If excessive mud is allowed onto Association roads, the Homeowner shall promptly have the roads cleaned. If this is not done, the Association may do this and charge the Homeowner for the actual cleaning cost plus a 20 percent management fee. These charges shall be promptly paid within 30 days of billing. d. Construction using heavy and/or loud machinery or other loud devices shall be undertaken during normal business hours only (8:00 a.m. until 5:00 p.m.) and in no case shall take place on any week -end or holiday day. A first violation of this rule shall be a notice only, second violation shall be a fine of $100, every violation thereafter shall incur a penalty of $500. These charges shall be promptly paid within 30 days of billing. e. Radios and other noise making devices shall be kept to reasonable levels. L All contractor /subcontractor's pets must be leashed and may not run on neighbors' property. Accept and Agre Michael Holtbouse, Owner Lot 14, Aspen Tennis Club / 0_f-� I M 'd 2999ML 'ON Xdd S.1SN83J,NI 9SflOH11OH WV 8060 NOW IIE -£Z -AU PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920 -5526 FAX# (970) 920 -5439 May 9, 2011 Dan McCormick 300 South Spring Street, Suite 9202 Aspen, CO 81611 dan@bluegreenaspen.com Re: N2ZASM LTD Activity Envelope Review (PID#2735- 111 -005; Case# P033 -11) Dear Mr. McCormick: The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. After a more detailed review of the submittal information, additional information specific to the application may be requested in order to adequately review and process the application. The planner in charge of the review will request the information from you directly. Please note that it is your responsibility to mail notice by U.S. Mail to all property owners within 300' of the subject property with the return address of the Community Development Department (copy of notice will be mailed to you by the Community Development Department) by May 22, 2011. The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the mailing. Please submit the enclosed Affidavit of Notice by Mailing and a photograph of the posted sign as proof of compliance with the Code. A property owner receiving the public notice who wishes to submit comments or objections to the Community Development by 22 day of June, 2011. If any objections to the development application are received by this date, the Community Development Department shall continue the application to a public hearing before the Board of County Commissioners. 2. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) on the 7 day of June, 2011, which is at least fifteen (15) days prior to June 22, 2011. This must be submitted prior to any approvals being granted. If you have questions, please call Mike Kraemer, the planner assigned to your case, at 920 -5482. Sincerely, Bonnie Waechtler Administrative Assistant Encl: Affidavit Code Section 2 -20 -100 1 a ra # t Iq 1\11`1 1 /\!_! + 1 COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920 -5526 FAX# (970) 920 -5439 MEMORANDUM To: Maroon/Castle Creek Caucus Aspen Tennis Club Homeowners Association FROM: Mike Kraemer, Community Development Department Michael .kraemera,co.pitkin.co.us Re: N2ZASM LTD Activity Envelope Review (PID 2735- 111 -01 -005; Case P033 -11) DATE: May 9, 2011 Attached for your review and comments are materials for an application submitted by N2ZASM LTD. The Pitkin County Community Development Director will review the application. Please return your comments to me by Wednesday, June 22, 2011. httn: / /www.asr)ennitkin.com/ Portals /0/ does /county /Com %20Dev/Plann Use AP plications/P033 11 app.pdf If you require a paper copy of this application contact Bonnie Waechtler at bonnie .waechtlerCa.co.nitkin.co.us or 920 -5109. Thank you. PITKIN 4NTY COMMUNITY DEVELC&ENT Permit Receipt RECEIPT NUMBER 00030807 Name: N2ZASM Ltd. Date:4/28/2011 Project Address: 301 PYRAMID RD Type: check # 1977 Permit Number 0033.2011.PLAN 0033.2011.PLAN 0033.2011.PLAN Fee Description PP- Flat Fee PP- Clerk Tech Fee PP- Public Notice Fee 3,120.00 25.00 OR ,I Amount Total: 3,199.00