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M DOCUMENT LAYOUT THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION LISTED BELOW IN THE FOLLOWING ORDER Summary Sheet Resolution for the BOCC and /or P &Z Ordinance for the BOCC and /or P &Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat(s) Parcel ID: 2643- 35 -4 -03 -001 Application Date: 8/1/08 Case No: P097 -08 Planner: Suzanne Wolff Description: Solomon Minor Amendment to a Development Permit #Copies: 1 WITHDRAWN Allocated Hours: 3 % Over Hours: 3.6 Project Address: 3777 MCLAIN FLATS RD, ASPEN, CO 81611 Property owner: SOLOMON owner's REP: ANNE MCPHEE REP's Email: Address: 145 CENTRAL PARK WEST, 4C Owner Phone: (129) 025 -5051 NEW YORK, NY 10023 Address: 533 E HOPKINSAVE REP's Phone: (970) 920 -1700 ASPEN, CO 81611 Referrals: Comments Due Date: Other Referrals Meetings: 7st Meeting: 2nd Meeting: 3rd Meeting: Meeting Date: Review Body: admin Public Hearing? no Notice Date: Meeting Notes: Approvals: BOCC Resolution #. P &Z Determination #. BOCC Ordinance #. HO Determination #: Admin Determination #: other Information: VR Approval Date: Plat Recorded Date: VR Expires Date: Plat (Bk, PG): Remarks: WITHDRAWN Application Type: Minor Amendment to a Development Permit Parcel ID: 2643- 35 -4 -03 -002 Application Date: 8/1/08 Case No: P097 -08 Description: Solomon Minor Amendment to a Development Permit Planner: Suzanne Wolff # Copies: 1 WITHDRAWN Allocated Hours: 3 Project Address: 3777 MCLAIN FLATS RD, ASPEN, C081611 % Over Hours: 3.6 Property Owner: SOLOMON Address: 145 CENTRAL PARK WEST, 4C Owner Phone: (129) 025 -5051 NEW YORK, NY 10023 Owner's REP: ANNE MCPHEE Address: 533 E HOPKINS AVE REP's Phone: (970) 920 -1700 ASPEN, CO 81611 REP's Email: Referrals: Comments Due Date: Other Referrals: Meetings: 1st Meeting: 2nd Meeting: Meeting Date: Review Body: admin Public Hearing? no Notice Date: Meeting Notes: 3rd Meeting: Approvals: BOCC Resolution #: P &Z Determination #: BOCC Ordinance #: HO Determination #: Admin Determination #: Other Information: VR Approval Date: Plat Recorded Date: VR Expires Date: Plat (Bk, PG). Remarks: WITHDRAWN Application Type: Minor Amendment to a Development Permit File closed per Ann Marie McPhee with Oates Kenezvich, Gardenswartz, and Kelly on October 10, 2011. Mike Kraemer COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: July 3, 2008 at 8:00 AM Case No. PCT22157L 2. Policy or Policies to be issued' (a) ALTA Owner's Policy- (6/17/06) Amount$ 0 00 Premium$ 0.00 Proposed Insured: Rate: PROFORMA (b) ALTA Loan Policy- (6/17/06) Amount$ 0.00 Premium$ 0.00 Proposed Insured: Rate' (c) ALTA Loan Policy- (6/17/06) Amount$ Premium$ Proposed Insured: Rate: 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment Is at the effective date hereof vested in: DAVID SOLOMON and MARY SOLOMON, AS TO PARCEL I DAVID M. SOLOMON and MARY SOLOMON, AS TO PARCEL II 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: See Attached Exhibit "A" PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, ASPEN, CO. 81611 970 - 925 -1766 Phone /970- 925 -6527 Fax 877 - 217 -3158 Toll Free Schedule A -PGA This Commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. AUTHORIZED AGENT Countersigned: !EI` EXHIBIT "A" LEGAL DESCRIPTION PARCELI LOT 1, STEIN LOT SPLIT SUBDIVISION, according to the Final Plat thereof recorded December 28, 2000 in Plat Book 55 at Page 48 as Reception No. 450026. PARCEL II: LOT 2, STEIN LOT SPLIT SUBDIVISION, according to the Final Plat thereof recorded December 28, 2000 in Plat Book 55 at Page 48 as Reception No. 450026. SCHEDULE B -SECTION 1 REQUIREMENTS The following are the requirements to be complied with: ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record to -wit: THIS COMMITMENT IS FURNISHED FOR INFORMATIONAL PURPOSES ONLY, IT IS NOT A CONTRACT TO ISSUE TITLE INSURANCE AND SHALL NOT BE CONSTRUED AS SUCH. IN THE EVENT A PROPOSED INSURED IS NAMED THE COMPANY HEREBY RESERVES THE RIGHT TO MAKE ADDITIONAL REQUIREMENTS AND /OR EXCEPTIONS AS DEEMED NECESSARY. THE RECIPIENT OF THIS INFORMATIONAL REPORT HEREBY AGREES THAT THE COMPANY HAS ISSUED THIS REPORT BY THEIR REQUEST AND ALTHOUGH WE BELIEVE ALL INFORMATION CONTAINED HEREIN IS ACCURATE AND CORRECT, THE COMPANY SHALL NOT BE CHARGED WITH ANY FINANCIAL LIABILITY SHOULD THAT PROVE TO BE INCORRECT AND THE COMPANY IS NOT OBLIGATED TO ISSUE ANY POLICIES OF TITLE INSURANCE. SCHEDULE B SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. 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 Patents recorded October 21, 1895 in Book 55 at Page 60 and in Book 180 at Page 580. 8. 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 Patents recorded August 15, 1899 in Book 55 at Page 91 and August 15, 1904 in Book 55 at Page 510. 9. Right of way for ditches or canals constructed by the authority of the United States as reserved in United States Patent recorded June 12, 1920 in Book 55 at Page 559. 10. Right of way for ditches or canals constructed by the authority of the United States and reservation of all uranium, thorium and any other material which is or may be determined to be peculiarly essential to the production of fissionable materials, together with the right to enter upon said lands and prospect for, mine and remove the same, as reserved in United States Patent recorded July 26, 1956 in Book 172 at Page 554. 11. Terms, conditions, provisions and obligations as set forth in Water Rights Agreement recorded October 15, 1962 in Book 199 at Page 390. 12. Easement and right of way for trail for pedestrian and equestrian use as set forth in Easement recorded April 10, 1973 in Book 274 at Page 454. 13. Right of way for the Salvation Ditch, the Upper. Little Red Butte Spring Ditch and Lower Red Mountain Ditches as shown on Survey of Aspen Survey Engineers, Inc., dated August 11, 2003 as Job No. 24222Y5. 14. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners recorded February 21, 1997 as Reception No. 401960 as Resolution No. 97 -24. (Continued) SCHEDULE B SECTION 2 EXCEPTIONS - (Continued) 15. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners recorded May 15, 1998 as Reception No. 416913 as Resolution No. 98-66. 16. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners recorded November 24, 1999 as Reception No. 438009 as Resolution No. 99 -187. 17. Easement and right of way for Trail as set forth in Existing Trail Easement recorded August 4, 2000 as Reception No. 445811. 18. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners recorded November 22, 2000 as Reception No. 449104 as Resolution No. 209 -2000. 19. Those terms, conditions, provisions, obligations, easements, restrictions, assessments and all matters as set forth in Protective Covenants for Stein Lot Spit Subdivision recorded December 28, 2000 as Reception No. 450027, deleting therefrom any restrictions indicating any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin. 20. Terms, conditions, provisions and obligations as set forth in Deed of Conservation Easement recorded December 28, 2000 as Reception No. 450028. 21. Easements, rights of way and all matters as disclosed on Plat of subject property recorded December 28, 2000 in Plat Book 55 at Page 48. NOTE. Relinquishment of Privilege to Utilize Easement was recorded April 9, 2003 as Reception No. 481093. 22. Easement and right of way for an electric transmission or distribution line or system, as granted to Holy Cross Electric Association, Inc., in instrument recorded September 19, 2001 as Reception No. 458806. 23. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners recorded February 1, 2002 as Reception No. 463462 as Resolution No. 01 -146. 24. Easement and right of way for an electric transmission or distribution line or system, as granted to Holy Cross Electric Association, Inc., in instrument recorded October 7, 2002 as Reception No. 473116. 25. Terms, conditions, provisions and obligations as set forth in Ditch Realignment and Alteration Consent Agreement recorded September 9, 2003 as Reception No. 488169 and recorded November 2, 2004 as Reception No. 503781. 26. Terms, conditions, provisions and obligations as set forth in Covenant Regarding Building Envelope Realignment recorded November 2, 2004 as Reception No. 503776. 27. Terms, conditions, provisions and obligations as set forth in Agreement Regarding Driveway recorded November 2, 2004 as Reception No. 503780. (Continued) SCHEDULE B SECTION 2 EXCEPTIONS - (Continued) 28. Terms, conditions, provisions and obligations as set forth in Findings and Order Concerning the Inclusion of Lands in the Basalt Water Conservancy District recorded May 8, 2007 as Reception No. 537452. 29. Easement and right of way for Kinder Morgan, Inc., in instrument recorded October 17, 2005 as Reception No. 516305. (Affects Lot 2) (EXCEPTIONS NUMBERED 1 THROUGH 28 ABOVE AFFECT BOTH PARCELS) 30. Reservations as contained in Deed recorded August 29, 2003 as Reception No. 487752, 487753, November 4, 2004 as Reception No. 503846 and 503849. 31. Terms, conditions, provisions and obligations as set forth in Stock Assignment recorded November 2, 2004 as Reception No. 503756, November 4, 2004 as Reception No. 503848 and as Reception No. 503851. 32. Terms, conditions, provisions and obligations as set forth in deed recorded January 25, 2005 as Reception No. 506302. 33. Easement and right of way granted to Kinder Morgan,lnc., in instrument recorded September 26, 2005 as Reception No. 515213. 34. Terms, conditions, provisions and obligations as set forth in Administrative Decision No. 21 -2007 of the Community Development Director recorded April 3, 2007 as Reception No. 536160. 35. Easements, rights of way and all matters as disclosed on Plat of subject property recorded April 3, 2007 in Plat Book 83 at 20 as Reception No. 536161. 36. Terms, conditions, provisions and obligations as set forth in Trench, Conduit and Vault Agreement with Holy Cross Electric Association, Inc., recorded 05162007 as Reception No. 537905. 37. Easement and right of way for an electric transmission or distribution line or system, as granted to Holy Cross Electric Association, Inc., in instrument recorded 537906 as Reception No. May 16, 2007. 38. Terms, conditions, provisions and obligations as set forth in Occupancy Deed Restriction and Agreement for a Caretaker Dwelling Unit recorded May 18, 2007 as Reception No. 537996. 39. Terms, conditions, provisions and obligations as set forth in Memorandum of Water Allotment Contract recorded July 24, 2007 as Reception No. 540244. 40. A 10' wide trail easement as disclosed on Survey of subject property recorded January 14, 2008 in Plat Book 86 at Page 40 as Reception No. 545855. (EXCEPTIONS NUMBERED 30 THROUGH 40 ABOVE AFFECT PARCEL 1) PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, THIRD FLOOR ASPEN, CO 81611 970 - 925 - 1766/970- 925 -6527 FAX TOLL FREE 877 - 217 -3158 WIRING INSTRUCTIONS FOR ALL TRANSACTIONS REGARDING THE CLOSING OF THIS FILE ARE AS FOLLOWS: ALPINE BANK -ASPEN 600 E. HOPKINS AVE. ASPEN, CO. 81611 ABA ROUTING NO. 102103407 FOR CREDIT TO: PITKIN COUNTY TITLE, INC., ESCROW ACCOUNT ACCOUNT NO. 2020065129 REFERENCE: PCT22157L/PROFORMA Pitkin County Title, Inc. Privacy Policy We collect nonpublic information about you from the following sources: • Information we receive from you, such as your name, address, telephone number, or social security number; • Information about your transactions with us, our affiliates, or others. We receive this information from your lender, attorney, real estate broker, etc.; and Information from public records We do not disclose any nonpublic personal information about our customers or former customers to anyone, except as permitted by law. We restrict access to nonpublic personal information about you to those employees who need to know that information to provide the products or services requested by you or your lender. We maintain physical, electronic, and procedural safeguards that company with appropriate federal and state regulations. T' i Y f � :1eFi 051 i Hill t T s I t� o iae o 1— r y Fpo p i Y Y F !: it s -F F f 15 � 1 U V MS C mi P P I NG Fs � F. Y �� i ?'+i F'scu e�. y E� . 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RECEPTION #: 540244, 07/24/2007 at 02:22:33 PM, 1 OF 1, R $6.00 Janice K. Vos Caudill, Pitkin County, CO MEMORANDUM OF WATER ALLOTMENT CONTRACT The Basalt Water Conservancy District (the "District ") has granted Water Allotment Contract No. 516 dated the I� day of �x%e_� 2007 ( "Contract "), to extend to the owners of the real property described as Lot 1, Stein Lot Split Subdivision, according to the Final Plat thereof recorded December 28, 2000 in Plat Book 55 at Page 48 as Reception No. 450026 by this reference the right to beneficially use water or water rights owned, leased, or hereafter acquired by the District for such real property located in the County of ,PtT14N State of Colorado. The Contract is subject to various conditions which may include well permit requirements of the Colorado Division of Water Resources and Water Court approval of an augmentation plan or substitute supply plan. Assignment of the Contract requires the District's consent and Applicant's payment of an assignment fee. Inquiries may be directed to: Basalt Water Conservancy District, c% Christopher L. Geiger, Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, Colorado 81602; Telephone: (970) 945 -6546; Fax: (970) 945 -8902. This Memorandum is subject to the terms and provisions of the Contract which are incorporated herein by this reference. Upon recording, this Memorandum shall constitute notice to bona fide purchasers of the Contract affecting the above - described property. BASALT WATER CONSERVANCY DISTRICT Date: 6-/__a-c7 By: / , ([t d l l J/ e . , . A Ar thur 86wles, Vice President STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) 416 The foregoing instrument was acknowledged before me this 1 day of 2007 by Arthur Bowles, Vice President of the Basalt Water Conservancy Dis 'ct. ••d "aABAR qp,, ' WITNEV my&� ia] seal. My comni�siou�,x]� :1��-7_ 1610 ;, F •, . . O Notary Public :ohs K &W.dMS I. on After oyo din?, vlease return to: Basalt Water Conservancy District do Balcomb & Green, P.C. P.O. Drawer 790 Glenwood Springs, CO 81602 RIGHT -OF -WAY GRANT Kinder Morgan, Inc. KNOW ALL MEN BY THESE PRESENTS: RETAIL EASEMENT FORM That Jack Fiorella 111 and Jane P. Florella ( "Grantor'), for themselves, their heirs, successors or assigns, for and in consideration of the sum of Ten Dollars ($10.00), the receipt and adequacy of which is hereby acknowledged, doles) hereby grant, convey and confirm unto, Kinder Morgan, Inc., a Kansas corporation, whose address is P. O Box 281304, Lakewood, CO 80228 -8304, its successors and assigns ( "Grantee "), an easement to survey, construct, install, Inspect, maintain, renew, repair, remove, replace and operate an underground pipeline and underground appurtenances, for the transportation of natural gas in, on, over, under, upon and through the following described lands situated in portions of: Lot 2, Stein Lot Split Subdivision, according to the Final Plat thereof recorded December 28, 2000 in Plat Book 55 at Page 48, Reception No. 45002, in the Clerk and Recorder's Office, Pitkin County, said parcel located in Section 35, Township 9 South, Range 85 of the a Principal Meridian, Phkin County, State of Colorado. This Easement is subject to any and all other easements, rights-of-way, variances and/or agreements of record The easement encompasses a continuous strip of land Twenty (20) feet along Grantors South property line. The above sum is acknowledged by the undersigned as full consideration for the easement and also for damages to both land and growing crops occasioned by the initial installation of facilities. The Grantor(s) reserve(s) the right to cultivate, use and occupy said premises for any purpose consistent with the rights and privileges herein granted and which will not interfere with or endanger any of the facilities therein or use thereof. Such reservation by the Grantor(s) Includes, but is not limited to the right to construct, maintain and use a driveway across the easement. Such reservation by the Grantor(s) shall in no event include the right to construct any buildings or structures, or, to impound any water upon the easement if Grantor(s) elect to plant any trees or shrubs upon the easement and the Grantee thereafter requires access to the Grantee's facilities in the easement, Grantee shall use reasonable efforts to avoid or minimize the damages to Grantor(s) trees or shrubs in the easement, but if damage occurs to Grantor(s) trees or shrubs despite Grantee's efforts, Grantee shall not be responsible for such damage. The Grantee, at all times, shall have the right of access by a reasonable route to the easement and along and upon the same for the purposes hereof, which include, surveying, inspection and testing. Grantee shall pay Grantor(s) for actual damages to land and growing crops occasioned by any future installations, construction, maintenance, alteration, repairing, replacing, reconstruction and removal of facilities on the easement. To have and to hold the said easement unto the said Grantee, its successors and assigns, so long as the same shall be used or useful for the purposes of the Grantee. IN WITNESS WHEREOF, Grantor has hereunto set its hand this 11day of r1�O �CApiI 2005. C 1111111111111111 INI��IIIIIIIIIlnI111111ININII Soso 0510:42 SILVIA DAVIS STATE OF I- AAfiM(I ) -f �� ) ss TA Y COUNTY OF e soj ) On this A? day of 2005 before me, a notary public, in and for said county and state, personally appeared the above name jack S Jane P. Fiorella who is personally known to me and known to me to be the identical persons whose name is affixed to the above instrument and acknowledged the Instrument to be their voluntary act and deed. IN WITNESS WHEREOF I have hereunto set my hand and affixed my notary seal the day and My Commission Expires: O (o - 0 3 -o S{ NdN7 Puck, Alabama, stab at larva MY Commlaalon EMWM June 3,200 Jack Florelia III 8. Jane P, Fiorella Lot 2, Stein Lot Split Subdivision Aspen, CO 81611 Q � oq ^ .. 9 L l I InN IIIN IINB �IIi IN NNII INIII IN IINI Nil lIII 51& 0 35 10 : 421 SILVIA DAVIS PITK IN CouNTY CD R 11.00 D 0.00 Retail III 11111 II IIII1IIIIIIIBIIIIIIIINIIII 05 37996 1t&/2007 I 1t&/ 07 11 01r JMICE K VOS COUDILL PITKIN COUNTY CO a 21.00 0 0.00 OCCUPANCYDEED RESTRICTIONAND AGREEMENT FOR A CARETAKER DWELLING UNIT APPROVED PURSUANT TO SECTION 6- 30 -40(c) OF THE PITKIN COUNTY LAND USE CODE THIS AGREEMENT is made and entered into this 8th day of May, 2007, by David and Mary Solomon (hereinafter referred to as "Owner'), whose address is 3800 McLain Flats Road, Aspen, CO 81611, located in the County of Pitkin, and the Aspen/Pitkin County Housing Authority, a multi - jurisdictional housing authority established pursuant to the THIRD AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT recorded on January 8, 2003 at Reception No. 477066 of the records of the Pitkin County Clerk and Recorder's Office (hereinafter referred in as "Authority"). WITNF.SSETH WHEREAS, Owner owns real property more specifically described as Lot 1, Stein Lot Split Subdivision, in Exhibit "A attached hereto (hereinafter referred to as "Rcal Property"), which Real Pmperty shall contain I bedroom, approximately 443 net livable square feet unit, allached to the principal residence, approved by ROCC Resolution No. 97 -24. For purposes of this Agreement, the Caretaker Unit, the Real Property, and all apponenances, improvements and fixtures associated therewith shall hereinaflor be referred to as the "Properly'; and WHEREAS, this Agreement imposes certain covenants upon the Property which restrict the use and occupancy of the Caretaker Unit to employees and their families who are employed in Pitkin County and meet the qualification guidelines established and indexed by the Authority on an annual basis or to members of the immediate family of the Owner. NOW, THEREFORE, in consideration of the mutual promises and obligations contained herein, die Owner hereby covenants and agrees as follows: I . Owner hereby covenants that the Caretaker Unit described above shall not be condondniumized. The Caretaker Unit shall be constructed as a separate dwelling unit an, as to be capable of being occupied separately from the principal residence. 2. The use and occupancy of the Caretaker Unit shall henceforth be limited to occupancy by no more than two (2) adults and related children, who are employed in Pitkin County and who meet the definition of "employee" as that term is defined by the qualification guidelines established and indexed by the Authority on an annual basis, or members of the immediate family of the Owner. "Immediate family" shall mean a person related by blood or marriage that is a first cousin (or closer relative) and hr's or her children. Owner shall have the right to ]case the Caretaker Unit to a "qualified employee" of his own selection. Such individual may be an employee of the Owner, Provided such person(s) fulfills the requirements of qualified employee. i.. 1 �� IIN11 II 11111 11 RII IWIII III 0 8996 11:.19 JANICE K KS CAUDILL VITKIN COUNTY CO R 21.0 n a.Go 3. Owner shall not be required to rent the Caretaker Unit, however, when rented, written verification of employme, of employee's) proposed to reside in the Caretaker Unit shall be completed and filed with the Authority by the Owner prior to occupancy thereof, and such verification must be acceptable to the Authority. 4. Lease agreements executed for occupancy of the Caretaker Unit shall provide for a rental term of not less than six (6) consecutive months, A signed and enavted copy of the lease shall be provided in the Authority by the Owner within ten (10) days of approval of the employee(s) for the Caretaker Unit. 5. This Agreement may be removed by the Owner with the approval of the Planning Director of Pitkin County, subject 10 the requiremrnt that the Carctaker Unit is removed or modified. If modified, the remaining improvements must no longer be capable of occupancy as a "Dwelling Unit' as defined in the Pitkin County Land Use Code and must meet otherwise applicable cock Mqutrements. 6. Unless modified u stated above, this Agreement shall constitute covenants running with the Real Property as a burden thereon for die benefit of, and shall be specifically enforceable by, the Authority, the hoard of County Cmrunissioncrs of the County of Arkin, Colorado, and their respective successors, as applicable, by any appropriate legal action including, but not limited to, injunction, abatement, or eviction of Don - qualified tenants. IN WITNESS HEREOF, the parties hereto have executed this instrument on this day and year above fast written. ST EOF N "1 C11L ) COUNTY rvzl� � GIL ) The foregoing instrument was acknowled ti me me this a= day of 600,ti .2003by ��nxcY 501dr 1 WITNESS MY hand and official seal My Commission expr J es: a 10 1 6 Lo A % ft NM �rI 11111001 otary N Public (/ qsawwr MBA ft wn2i IIIIuIIhl1111111111111 IIII (III IN 1 111 1 111 Page e9z0a7 3t:ett JNNICE K 06 C"ILL AMIN COUNTY CO R 11.00 0 5.a6 ACCEPTANCE BY THE HOUSING AUTHORITY The Ibreg reem oing agent and tts tmrns arc accepted by the Aspen/Pukin County Housing Authonty. THE /PITK I COUNTY HOUSING AUTHORITY B Chartperson STATE OF COLORADO ) ss. CUUN'TY OF PI'ITCIN ) The foregoing instrument was acknowledged before me This [(� day of 20th, b y MIS Authority. 1�a. Sc..z Chairperson, Aspen/Pitkin County H ing WITNESS MY hand and official seat. My Commission expires: (J�y,f Notary Public 1� HN PJblIC etuto of CulOfodO 60656 .2005 ,0o0M EXHHIIBITARESIDENCE II�II 1I II 11I IIII 11 II n° e92e¢6 it:eu JBN6£ a WS CRUDILL VIT COUNTY CO R 21.00 D e e0 PROPERTY DESCRIPTION LOT 1, STEIN LOT SPLIT SUBDIVISION A PARCEL OF LAND BEING LOT 1, STEIN LOT SPLIT SU13DTVISION AS SHOWN ON THE PLAT THEREOF RECORDED AT PLAT BOOK 55 AT PAGES 48 -51 OF THE PITKIN COUNTY CLERK AND RECORDER'S OFFICE, COUNTY OF PITKIN, STATE OF COLORADO; SAID PARCEL OF LAND ALSO BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1, THE POINT OF BEGINNING THENCE N 17 ° 00'00 "E A DISTANCE OF 950.00 FEET; THENCE N54 "E A DISTANCE OF 994.32 FEET; THENCE SO4 "E A DISTANCE OF 1098.35 FEET; THENCE S02 °39'24 "W A DISTANCE OF 2172.87 FEET TO A POINT ON THE NORTHERLY RIGHT -OF -WAY OF McCLATN FLATS ROAD; THENCE THE FOLLOWING TWELVE (12) COURSES ALONG SAID RIGHT -OF -WAY: 1. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 262.82 FEET AND A CENTRAL ANGLE OF 09 A DISTANCE OF 45.04 FEET (CHORD BEARS N08 "W A DISTANCE OF 44.99 FEET) 2. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 713.23 FEET AND A CENTRAL ANGLE OF 14 0 03'45 ", A DISTANCE OF 175.05 FEET (CHORD BEARS N10 "W A DISTANCE OF 174.61 FEET) 3. N17 °09'34 "W A DISTANCE OF 29.14 FEET 4. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 670.49 FEET AND A CENTRAL ANGLE OF 17 °14'40 ", A DISTANCE OF 201.80 FEET (CHORD BEARS N25 0 46'55 "W A DISTANCE OF 201.04 FEET) 5. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 389.18 FEET AND A CENTRAL ANGLE OF 33 0 59'27 ", A DISTANCE OF 230.88 FEET (CHORD BEARS NI 7 A DISTANCE OF 227.51 FEET) 6. N00 °24'48 "W A DISTANCE OF 55.56 FEET 7. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 281.78 FEET AND A CENTRAL ANGLE OF 53 °32'03 ", A DISTANCE OF 263.28 FEET (CHORD BEARS N27 °1 0'48 "W A DISTANCE OF 253.81 FEET) 8. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 184.17 FEET AND A CENTRAL ANGLE OF 28 °45'51 ", A DISTANCE OF 92.46 FEET (CHORD BEARS N39 °33'53 "W A DISTANCE OF 91.49 FEET) 9. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 283.61 FEET AND A CENTRAL ANGLE OF 23 °44'31 ", A DISTANCE OF 117.52 FEET (CHORD BEARS N37 13"W A DISTANCE OF 116.68 FEET) 10. N48 0 55'29 "W A DISTANCE OF 306.35 FEET 11. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1257.88 FEET AND A CENTRAL ANGLE OF 13 0 17'11 ", A DISTANCE OF 291.69 FEET (CHORD BEARS N42 "W A DISTANCE OF 291.04 FEET) 12. N35 17"W A DISTANCE OF 344.14 FEET TO THE POINT OF POINT OF BEGI�ING SAID PARCEL CONTAINING 45.5902 ACRES, MORE OR LESS. 0001123 HOLY CROSS ENERGY UNDERGROUND RIGHT -OF -WAY EASEMENT KNOW ALL MEN BY THESE PRESENTS, that the undersigned, I III I III I I�IN II I II I IAN IIIIN NI I II I II �I Pas. I f vaoa 1 of z DAVID M. SOLOMON AND MARY SOLOMON M /10 /Z007 at:aai JAN ICE a VDa CUDILL PIMIN CCUNil CO R 11.00 a 0.06 (hereinafter called'Crantors'), for a good and valuable consideration, the receipt whereof Is hereby acknowledged, do hereby grant unto Holy Cross Energy, a Colorado corporation whose post office address Is P. O. Box 2150, Glenwood Springs, Colorado (hereinafter called 'Grantee) and to Its successors and assigns, the right of ingress and egress across lands of Grantors, sdwte in the County of Prtkin, State of Colorado, described as follows: A parcel of land situate within the South Y. of Section 35. Township 9 South, Range 85 West of the 6a P.M., and the North Ya of Section 2, Township 10 South, Range 85 West of the 6• P M., County of Pitkln, State of Colorado. Said land is more commonly referred to as Lot I, Stein Lot Split Subdivision, more fully described by the Special Warranty Deed recorded by Reception No 506302 m the records of the Pltkin County Clerk and Recorder's Office, Aspen, Colorado. And, to construct, reconstruct, repair, change, enlarge, re- phase, operate, and maintain an underground electric transmission or distribution line, or both, with the underground vaults, conduit, fixtures and equipment used or useable n connection therewith, together with associated equipment required above ground, within the above mentioned lands, upon an easement described as Follows An easement ten (10) feet In width, the centerline for said easement being an underground paver line as constructed, the approximate location of which upon the above described property is shown on Exhibit A attached hereto and made a part hereof by reference. The rights herein granted speaflcally allow Grantee to install additional underground and /or pad mounted facilities within the easement described herein It shall be the Grantors responsibility to ensure that splice vaults. switchgear vaults and transformer vaults installed hereunder on said real property are accessible by Grantee's boom trucks and other necessary equipment and personnel at all times The use of such access by Grantee shall not require removal or alteration of any improvements, landscaping. or other obstructions The ground surface grade shall not be altered within ten 00) feet of said splice, switchgear and transformer vaults, nor along the power line route between the vaults. The ground surface grade at said transformer and switchgear vaults shall be six (6) inches below the top of the pad. The ground surface grade at said splice vaults shall be even with the top of the pad. The manhole opening of said splice vaults shall be uncovered (excluding snow) and accessible at all limes. Improvements, landscaping or any other objects placed in the vicinity of said transformers and switchgear shall be IDcated so as not to hinder complete opening of the equipment doors The ground surface within ten (10) feet of said transformer and switchgear doors shall be flat, level and free of improvements, landscaping, and other obstructions. Improvements, landscaping and other objects will be kept a minimum of four (4) feet from non - opening sides and backs of said transformers and switchgear. Grantors hereby agree to maintain the requirements of this paragraph and further agrees to correct any violations which may occur as soon as notified by Grantee. Said corrections will be made at the sole cost and expense of Grantors Together with the right to remove any and all trees, brush, vegetation and obstructions within said easement and the right to pile spoils outside said easement during construction and maintenance. when such is reasonably necessary for the implementation and use of the rights herelnabove granted, In areas where vegetation is disturbed by the above described use of the easement, the ground surface shall be seeded using a standard native mix by Grantee. Grantors agree that landscaping or other surface Improvements added on said easement after the date of execution hereof will be minimized and that Grantee will not be responsible for damage to said additional landscaping or surface Improvements caused by exercise of its rights granted by this easement. Grantors agree that all facilities installed by Grantee on the above described lands, shall remain the property of Grantee, and shall be removable at the option of Grantee Grantors covenant that they are the owners of the above described lands and that the said lands are free and clear of encumbrances and liens of whatsoever character, except those held by the following' TO HAVE AND TO HOLD, said right -of -way and easement, together with all and singular, the rights and privileges appertaining thereto, unto Oranlee, its successors and assigns, forever IN WfiNESS WHEREOF, Grantors have caused these presents to be duly executed on this day of .9/1R/ L , 20Q'L. The Individuals signing this Holy Cross Energy Underground Right -o -Way Easement hereby represent th they have full power a ty, o Ign, tecu , and ( deliver this Instrument. D orl / DAVI f MARY SOLOMO STATE OF K, J 2� I COUNTY OF e The foregoing Instrument was acknowledged before me this day of _ 209_, by DAVID M. SOLOMON AND MARY SOLOMON WITNESS my hand and official stial. My com IN Z es: 12 /Z 0 a aa Pt,0,4 y / N tary Pu bl is Q't,0TAR; -*1 _ Address- ; / ✓4/Yl6 JYl�1f� *s i; 0 dB Urlsiod' W/0#07-1 99K,1,4 Flats Solomon:2 -20 -07 isasssa.,,w„ Revised 9 -1404 /„ /N111101W PLEASE RETURN TO: HOLY CROSS ENERGY P.O. BOX 2150 GLENWOOD SPRINGS, CO 81602 Qoon24 0 Qp J O 2 ua1 r J � Oow = Z Z (J� J Z N w / L O wUd % u P e o z '•. O U � D rz z O D J _ fj) Of U) w w °o zUa IXI J J O � C D = a V > Z N O x Of w U rn O g C)f w g o o _ v, � z w Of Z U I- n ra m (n ° E : M S „o WI M , z IM a co �o d 'm 3 m cm ¢Z O O y CD O � ag t C U ' 3 ? �5 N N O_ � Z a rn � g � pp 2� TT �1 W N U� 0 coon TRENCH, CONDUIT, AND VAULT AGREEMENT 3Ls �./lgrc �. zg o This agreement is made and entered Into this day of between DAVID M. SOLOMON AND MARY SOLOMON, whose mailing address Is 145 Central Park West, Apartment 4C. New York, NY 10023, hereinafter called 'Owner, and Holy Cross Energy, a Colorado corporation whose mailing address is P. O Box 2150. Glenwood Springs, Colorado 81602, hereafter called "Holy Cm i. WHEREAS. Holy Cross has been requested by Owner to provide underground electric facilities, hereinafter called "Facilities', to serve a project known as McClain Flats - Solomon, hereinafter called "Project", and, WHEREAS. Owner is required to provide all excavation. conduit and vault installation, backfill, compaction and cleanup needed to construct said requested Facilities, and, WHEREAS, Owner owns real property described as follows A parcel of land situate within the South A of Section 35. Township 9 South, Range 85 West of the 6 P.M. and the North X of Section 2, Township 10 South, Range 85 West of the 6' P.M., County of Pitkin. Stale of Colorado Said land Is more commonly referred to as Lot 1, Stein Lot Split Subdivision, as more fully described by the Special Warranty Deed recorded by Reception No. 506302 In the records of the Firkin County Clerk and Rewrder's Office, Aspen, Colorado, hereinafter called "Property", which Property is the real property where the Project Is being developed; and, WHEREAS, installation of Facilmes to serve the Project may require trenching or other excavation on certain real property adjacent to the Project described as follows Not Applicable hereinafter called "Adjacent Land" NOW, THEREFORE. Owner and Holy Cross agree as follows. 1 Owner shall provide all excavation, conduit and vault installation, backfill, compaction and cleanup necessary for installation of Facilities to serve the Project Such excavation shall be located as shown on the construction plans approved by Holy Cross, and performed in accordance with Holy Cross Vault Installation Specifications, Construction Specifications and inspector requirements. Any deviation from the approved construction plans will not be made unless approved by Holy Cross In advance. All Facilities installed hereunder shall be Inspected during construction by Holy Cross and shall meet all Holy Cross requirements prior to acceptance of such Facilities by Holy Cross a. Prior to commencement of any work hereunder, Holy Cross shall furnish to Owner Its Vault Installation Specifications and Construction Specifications and such specifications are made a part hereof by reference b All Facilities installed within the Property and Adjacent Land shall be within dedicated or conveyed and recorded utility easements c The top of all conduits Installed hereunder shall be located a minimum of 48" below the final grade of the ground surface. d. A twelve -inch (12") minimum separation will be maintained between conduits installed for the Facilities and all other new or existing underground utilities Wherever possible, this separation will be horizontal The Facilities conduit separation from plastic gas lines shall be greater than this minimum Wherever practicable. e Holy Cross will supply the necessary conduit and vaults for Installation by the Owner upon completion of contractual arrangements. Owner assumes responsibility for all material lost or damaged after such material has been Issued to and signed for by Owner or by an agent of Owner. Alternatively, Owner may provide Its own conduit and vaults meeting Holy Cross specifications for use on the Project and convey such provided material to Holy Cross with an acceptable &11 of Sale After installation by the Owner and acceptance by Holy Cross, Holy Cross shall continue as the owner of the conduit, vaults and related structures and facilities. f. if conduit and /or vault Installation provided by Owner for the Project are found to be unusable or improperly constructed, Irrespective of whether such discovery is made during or after Installation, Owner will be responsible for correcting said problems at its expense as specified by Holy Cross and Owner shall reimburse Holy Cross for all additional costs resulting from conduit and /or vault installation being unusable or improperly constructed. 2 Despite the fact that Holy Cross reserves the right to specify acceptable work performed hereunder, Owner shall perform work hereunder as an Independent contractor, including, but not limited to, the hiring and firing of Its own employees, providing its own tools and equipment, payment of all wages, taxes, insurance, employee withholdings, and fees connected with Its work on the Project. 3. Owner shall obtain all necessary digging permits and utility locations prior to excavation for work performed hereunder Owner shall repair all damage caused during excavation promptly and at its expense. No excavation will be undertaken within five (5) feet of existing underground electric facilities except under the on site supervision of a qualified Holy Cross employee 4. Owner shall indemnity, save, and hold harmless Holy Cross, its employees and agents, against any and all loss, liability, claims, expense, suits. causes of action, or judgments for damages to property or injury or death to persons that may arise out of work performed hereunder, or because of a breach of any of the promises, covenants and agreements herein made by the Owner. Owner shall promptly defend Holy Cross whenever legal proceedings of any kind are brought against it arising out of work performed hereunder. In the event Owner shall fail to promptly defend Holy Cross, it shall be liable to Holy Cross, and shall reimburse it, for all costs, expenses and attorney fees Incurred In defending any such legal proceeding Owner agrees to satisfy. pay, and discharge any and all judgments and fines rendered against Holy Cross arising out of any such proceedings. Owner also agrees to promptly satisfy and pay any monetary settlements of disputes that allse hereunder, provided Owner has been given the opportunity to join in such settlement agreements. The above Indemnification clause shall not apply to state and local governments or local service districts. In III U thereof, whenever Owner is a government or district it shall procure and maintain in effect at least 51,000.000 or public liability Insurance covering the acts. damages and expenses described In the above indemnification clause. Upon Holy Cross' request, such an Owner shall furnish a Certlfiraw of Insuranr• verifying the e•Isten-e of such Insurance coverage S. Owner shall repair, at its expense, any excavation settlement and damage to asphalt paving or other surface improvements caused by such settlement resulting from work performed hereunder within the Property and Adjacent land for a period of two (2)years beginning on the date backfill and cleanup are completed 6. Owner, at Its expense, shall stop the growth of thistles and /or other noxious weeds In all areas disturbed by excavation performed hereunder for a period of two (2) years beginning on the date backfill and cleanup are completed. 7 in the event Owner shall not promptly complete all of the obligations heremabove agreed to be performed by Owner, Holy Cross may give written notice by registered or certified mail demanding Owner to complete the work and obligations undertaken by Owner herein, and if such Is not completed within 30 days after receipt of such notice by Owner, Holy Cross may complete the work and obligations hereof. If Holy Cross shall be required to complete the work, all costs of completion shall be chargeable to and collectible from Owner. W/OM07.19984 78 -3 S.McClain Flats Solomon.2 -20 -07 1s84wiomon Page I of 2 Revised 7 -7.04 537905 N�IIIII IIIIINII 111111 I1nIIIINI N NI PLEASE RETURN TO Papa' 1 of 2 HOLY CROSS ENERGY JRNIDE K Vqe CRUDILL PIMIN COUNTY q0 R 11.80 06/7608007 01 631 0 0.00 p 0. BOX 21 SO GLENWOOD SPRINGS, CO 81602 000nzs III�IIN�IIIIIII oil III�IhI111111111III 1 3 °9 a 00 1:531 8 As set forth in paragraph I above, Owner covenants that the trench, and all Factors within the trench installed hereunder shall be located within dedicated or conveyed and recorded utility easements and at the proper depth below finished grade. It shall be the obligation of Owner to properly locate and construct the Facilities within the easement. Should It ever be discovered that such Facilities have not been properly located within dedicated or conveyed and recorded utility easements, or at the proper depth, it shall be the obligation of (honer to provide new easements for the actual location of the Facilities, or to relocate the Facilities within the easement, all of which shall be at the sole cost and expense of Owner. 9. It shall be Owner's responsibility to ensure that splice vaults, switchgear vaults and transformer vaults installed hereunder on the Properly are accessible by Holy Cross boom trucks and other necessary equipment and personnel at all limes. The use of such access by Holy Cross shall not require removal or alteration of any hnprwements, landscaping, or other obstructions. The ground surface grade shall not be altered within ten 00) feet of said splice, switchgear and transformer vaults, nor along the power line route between the vaults. The ground surface grade at said transformer and switchgear vaults shall be six (6) inches below the top of the pad. The ground surface grade at said splice vaults shall be even with the top of the pad. The manhole opening of said splice vaults shall be uncovered (excluding snow) and accessible at all times. Improvements, landscaping or any other objects placed In the vicinity of said transformers and switchgear shall be located so as not to hinder complete opening of the equipment doors. The ground surface within ten (10) feet of said transformer and switchgear doors shall be flat, level and free of Improvements, landscaping, and other obstructions. Improvements, landscaping and other objects will be kept a minimum of four (4) feel from non-opening sides and backs of said transformers and switchgear. Owner hereby agrees to maintain the requirements of this paragraph and further agrees to correct any violations that may occur as soon as notified by Holy Cross. Said corrections will be made at the sole cost and expense of Owner. 10 Owner covenants that It is the owner of the above described Property and that said Property Is free and clear of encumbrances and liens of any character, except those held by the following: The promises, agreements and representations made by Owner herein shall be covenants that run with the Property and shall be binding upon the successors In Interest, and assigns, of the Property. The Individuals signing this Trench. Conduit and Vault Agreement hereby represents that they have full power and authority to sign, execute, and deliver this instrument Holy r ss Energy, a Colorado corporation A IDM SOLOMON 1 ` v By: l -" RI and D. Brinkley, Gener Manager f / yL EI ctric Operations and E 191neering RY SOLOMON STATE The foregoing instrument was a DAVID M. SOLOMON AND MARY ) ss. WITNESS my hand and IT I veal. My commission expires: 17 , IS 68 STATE OF — COUNTY OF before me this 291 day of /a140:4K C -` � Y v /r Address. C • •• rO `� ✓avV0 V The foregoing Instrument was acknowledged before me this '/t�. day of 200 —T--, by Richard D. Brinkley, General Manager of Electric Operations and Engineering of Holy Cr s Energy, a Colorado corporation. WITNESS my hand and official seal. My commnvan expires 9 . 7_64 AiJOUC NOTARY•.: . w /Oa07 19984:78-35:MCClaln Flats Solormi 20 -07 Trench, Conduit and Vault Agreement Holy Cross Energy X oll OIM� Notary Public y Address: �IX"A4" - *-k slya•Jaoi�}n `� rg j 6O/ 1954456mmne Page 2 of 2 Revised 11 .2-04 OW27 f f�llilllllplllllill�lialllllifll�l�l�l�a a 1 •r : 093 00,IaP w: SILVIA DAVIS PITKIN COUNTY Co R 21.00 0 0.00 HOLY CROSS ENERGY RELINQUISHMENT OF PRIVILAGE TO UTILIZE EASEMENT WHEREAS, MARJORIE B. STEIN L.L.L.P. AS TO AN UNDIVIDED 62.9296 INTEREST, AND JAMES DAGGS AS SPECIAL TRUSTEE OF TRUST B U/W /O HENRY L. STEIN, DECEASED, AS TO AN UNDIVIDED 3 MES INTEREST own parcels of land described as Lot 1 and Lot 2, Stein Lot Split Subdivision, situate in 2, Township 10 South n , Range BS West and Section 35, Township 9 South, Range B5 West of the S S ectio Section as shown and described in plat Book 55 at Page 50 in the records of the Pitkln County Clerk and Recorder's Office, Aspen, Colorado; and WHEREAS, Holy Cross Energy, formerly known as Holy Cross Electric Association, In beneficiary of that certain Right- of-Way Easement, granted by Henry L. Stein on September c. c., , is 1 the the and kept on record as Easement No. 25 at the Holy Cross Energy Headquarters in Glenwood S Colorado; and prings, WHEREAS, Holy Cross Energy has removed the overhead power line which was located on said Lots 1 and 2; and WHEREAS, Holy Cross Energy desires to release, relinquish, vacate, abandon, and quitclaim all Its rights, title and Interest in and to those portions of said Easement located on said Lots 1 and 2 as shown Easement "). on Exhibit A attached hereto and by this referenced incorporated herein (the 'Vacated Portions of the NOW THEREFORE, for a good and valuable consideration, the receipt whereof is hereby confessed and acknowledged, Holy Cross Energy does hereby forever relinquish any and all its right, title and interest in and to the Vacated Portions of the Easement and hereby specifically retains all its right, title and interest in and to all other portions of said Easement. IN WITNESS WHEREOF, Holy Cross Energy has caused its cor orate name to be h reunto subscribed by its General Manager -Regulated Services on this -) day of rta� 2003. HOLY ROSS ENERGY By: j UC ' ! li and D. Brinkley Manager - Regulated Servic s STATE OF COUNTYOF ) is. The foregoing instrument was acknowledged before me this day of 2003, by Richard D, Brinkley, General Manager - Regulated Services, of Holy Cross Energy, a Colorado corporation. WITNESS my hand and official seal. My commission expires: E . 7 - o 5 Notary P lic W /0#03. 17663; 76 -56: Stein S+hn/ 5-03 Veda \COMIng\Stein-Rel 0 0©028 F a W m W VJ Q W Lu ` 2 r '' V! Z O 1..1� O IZ In W Q Q Q _m X W IIIII III NISI II I VIII III V III I II IIB 11 1 64 /08/ 03 4219 f ILVIA DAVIS PIlKIN COUNTY CO R 11.00 O 0.00 Z (Q _� Do Do p O � m cl, ~ O M a0� U I Z W O W U F- U) z m N Y � °D d o F- O N J O f- U W 8o0n29 of -F -t3 _ SPECIAL WARRANTY DEED THIS DEED, dated August 29, 2003, between The Marjorie B. Stein L.L.L.P., a Colorado limited liability limited partnership, as to an undivided 62.92% interest, of the County of Pitkin and State of Colorado, gramor(s). and Robert 1. Hurst, whose legal address is 950 Fifth Avenue, New York, NY 10021, grantee(s): WITNESS, that the grantor(s), for and In consideration of the sum of Tan Dollars (810.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the pranme(s), his heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Pitkin and State of Colorado, descnbed es follows: Lot 1, Stein Lot Split Subdivision, according to the Final Plat thereof recorded December 28, 2000 In Plat Book 55 at Page 48 as Reception No. 450026, RESERVING, HOWEVER, to grantor and its suttessors and assigns the right to enter upon the area of Lot 1 labeled as dry-up on the recorded Final Plat for the sole purpose of accomplishing the dry-up required by the Decree entered in Case No. 95-C W -366 on February 25, 1996, but only to the event the State Engineer's Office ever notifies grantor or grantor's successors that the dry-up requirements of the Decree are not being complied with. In such event, grantor will first give grantee notice of the obligation and the opportunity for a period of at least 30 days to perform the required dry-up himself. Any dry-up activities �erformed by grantor, or any agent or assignee of grantor, will not interfere with other permitted irrigation practices or endscaping on Lot 1 and any disturbance of Lot I outside of the dry-up area will be promptly repaired and restored to the on tnal condition by the person causing the disturbance. This reserved right will be assigned by grantor to the Red Butte Ranch Homeowners Association upon the transfcr to the Association of the Red Butte Ranch Open Space Parcel and associated water rights. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor(s), either in law or equity, of, in and w 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 pmntee(s), his heirs and assigns forever. The grantor(s). for itself, its successors and assigns, does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above bargained promises in the quiet and peaceable possession of the grantee(s), his heirs and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the grantor(s), except and subject to those matters set forth on Exhibit A attached hereto and made a part hereof by this reference. IN WITNESS WHEREOF, the grantor(s) has executed this deed on the date set forth above. The Marjorie B. Stein L.L.L.P., a Colorado limited liability limited partnership /� A By: z2z • -I Mary mi ck, General Partner STATE OF COLORADO County of Pitkin The foregoing instrtunant was acknowledged before me thi day of August, 2003, by Mary S. Dominick as a general partner of The Marjorie B. Stein L.L.L.P., a Colorado limited liability limited partnership. N. 1G RN, L9l"EC1AL WARaANT OEM 3123619_1.WC Witness my hand and official seal, L / My commission expires: g 1el!0V Ll A / t1/ OCJ E. I , . i Q'rA II�IIII �tt OI�II IIIIII IIII III, I�IIlllll,nll1111 l��I OO I f ea:esP a'4v[R oRvis P1rxIN COUNTY CO R 16.00 o s.ea NOW EXHIBIT A EXCEPTIONS FROM TITLE WARRANTIES 1. General taxes and assessments for 2003 and subsequent years. 2. 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 Patents recorded October 21, 1895 in Book 55 at Page 60 and in Book 180 at Page 580. 3. 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 Patents recorded August 15, 1899 in Book 55 at Page 91 and August 15, 1904 in Book 55 at Page 510. 4. Right of way for ditches or canals constructed by the authority of the United States as reserved in United States Patent recorded June 12, 1920 in Book 55 at Page 559. 5. Right of way for ditches or canals constructed by the authority of the United States and reservation of all uranium, thorium and any other material which is or may be determined to be peculiarly essential to the production of fissionable materials, together with the right to enter upon said lands and prospect for, mine and remove the same, as reserved in United States Patent recorded July 26, 1956 in Book 172 at Page 554. 6. Terms, conditions, provisions and obligations as set forth in Water Rights Agreement recorded October 15, 1962 in Book 199 at Page 390, 7. Easement and right of way for trail for pedestrian and equestrian use as set forth in Easement recorded April 10, 1973 in Book 274 at Page 454. 8. Right of way for the Salvation Ditch, the Upper. Little Red Butte Spring Ditch and Lower Red Mountain Ditches as shown on Survey of Aspen Survey Engineers, Inc., dated August 11, 2003 as Job No. 24222Y5. 9. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners recorded February 21, 1997 as Reception No. 401960 as Resolution No. 97 -24. 10. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners recorded May 15, 1998 as Reception No. 416913 as Resolution No. 98 -66. IN 111111 22003 04 :04P SILVIA DAVIS PITKIN COUNTY CO R 10.00 0 0.00 000n31 11. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners recorded November 24, 1999 as Reception No. 438009 as Resolution No. 99 -187. 12. Easement and right of way for Trail as set forth in Existing Trail Easement recorded August 4, 2000 as Reception No. 445811. 13. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners recorded November 22, 2000 as Reception No. 449104 as Resolution No. 209 -2000. 14. Those terms, conditions, provisions, obligations, easements, restrictions, assessments and all matters as set forth in Protective Covenants for Stein Lot Spit Subdivision recorded December 28, 2000 as Reception No. 450027, deleting therefrom any restrictions indicating any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin. 15. Terms, conditions, provisions and obligations as set forth in Deed of Conservation Easement recorded December 28, 2000 as Reception No. 450028. 16. Easements, rights of way and all matters as disclosed on Plat of subject property recorded December 28, 2000 in Plat Book 55 at Page 48. NOTE: Relinquishment of Privilege to Utilize Easement was recorded April 9, 2003 as Reception No. 481093. 17. Easement and right of way for an electric transmission or distribution line or system, as granted to Holy Cross Electric Association, Inc., in instrument recorded September 19, 2001 as Reception No. 458806. 18. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners recorded February 1, 2002 as Reception No. 463462 as Resolution No. 01 -146. 19. Easement and right of way for an electric transmission or distribution line or system, as granted to Holy Cross Electric Association, Inc., in instrument recorded October 7, 2002 as Reception No. 473116. 20. All matters shown on the Improvement Survey prepared by Aspen Survey Engineers, Inc. under date of August 11, 2003 (Job No. 24222Y4.DWG). 3123598_1,DOC 1111111111111111111111111 8 90 0 3 004: 04P Return to: Law Office of Herbert S. Klein 201 No. Mill St, Suite 203 Aspen, Go. 81611 000n32 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COLNIY, COLORADO NAMING, DECLARING AND DESIGNATING CERTAIN PROPERTIES AS PITKIN COUNTY OPEN SPACE AND TRAILS PROPERTIES RESOLUTION NO 01 -L Recitals 1. The Pitkin County Open Space and Trails Program was created in 1990 to acquire and preserve lands possessed of significant scenic, habitat, and recreational values. 2. The County Home Rule Charter, at section 13.1.3, provides for the use of Open Space Funds for "managing, maintaining, rehabilitating, and preserving County open space and trails either acquired from the Open Space and Trails Fund or acquired from other sources and designated from time to time by the Board of County Commissioners after consulting with the Open space and Trails Board, but such revenue shall not be used to replace existing funding for the maintenance of Open Space and Trails." 3. Title 9 of the Pitkin County Code, section 1 -2, provides that designation of Open Space and Trails shall occur pursuant to Resolution or Ordinance. 4. The Board of County Commissioners desires to designate certain properties and Pitkin County Open Space and Trails in order to fund the long term stewardship of those properties as contemplated by the Home Rule Charter at section 13.1.3. 5. The Open Space and Trails Board of Trustees recommend the designation of these properties as Pitkin County Open Space and Trails. NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado, that: 1. The following County owned properties, Red Butte Ranch Open Space, Stein Lot Split Open Space, Stein Riverside Park, Aspen Highlands Village -Lot A, Silver Brick USMS #3952, Parts of the Della S. USMS #3939, Chatfield USMS # 1462, and JC Johnson USMS #1436 (Bayer Parcel), and parts of Snowstorm #2 and Rainstorm #2 USMS # 6318, the Public Trail Easement identified on the Aspen Mass Final Plat, the Bike Path and Pedestrian Fasemera identified on the Brush Creek Ranch Final Plat, and the Trail Easement identified on the Anderson Property 1041 Review Map, as more fully described in Exhibits A and B to this resolution, are named, declared, and designated as Pitkin County Open Space and Trails Properties. 2. Open Space and Trails funds may be expended for improvement of these properties in amounts determined from time to time through the county budgeting process based on recommendations from the Open Space and Trails Board, as required by Home Rule Charter section 13.12, and Open Space and Trails funds may be expended in amounts determined from time to time through the county budgeting process for maintenance of these properties, after consultation with the Open Space and Trails Board, as required by the Home Rule Charter at section 13.1.3. INTRODUCED, FIRST READ, AND APPROVED ON THE /1 6 `DAY OF AL G 2001. In1�IIII�I�IIII��III1IIIlIIII1IIlIIIIIIIIIIIII 4634621e:07a2t� SILVIN DAVIS PITKIN COUNTY CO R 0.00 D 0.00 coon33 SC COMV NOTICE OF C0MMKMWPbIH+READING PUBLISHED IN THE WEEKEND EDITION OF THE ASPEN TIMES ON f4 DAY OF _S rws_rn .rr w. I40004004P ,fr v s Scc.. W REatiRRg11fEB AT CDPPFiIMAi!'6IW READING AT PUBLIC >I4F ON THE , 7 TH DAY OF S ,WaffA 12001. PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE ASPEN TIMES ON THE 1 ! w.f DAY OF 2001, BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO �-4 et I (/ ) l Mick Ireland I Chair Date: 0 APPROVED AS TO FORM: John Ely Hilary S t i C torney County NUnager Dale Will, DIF ctor Open Space and Trails Program 4 53462 I I�I plpl�llllll llll llll�I IIII CO �I VIII IIII lill 0 Pa 2 10:07A a 0.00 NOW i Z O U Z L 'a U N W SlDj c j�E N 20) O m m m IL aaaa d O 0 O y 2 U l0 �1CJ UN r Z m m N O m r N W> V O A V C C -� 213 N !4 yd N� .o E J v c E° C t C Y S o a C O N N 9 U 0m 4) oa a°i c y c o C 7 03 c d 0 g U 0 J y t N J c m 7 U C> ° a m¢ m Q m E o c� m N p. .t. m C d O O tmi N J N 7 C C C " C O C N d d lY U U O C O Y m N m � m • >� y C 4 i d J m =I 0 EL E c E E o o co) rn yy N N n th Lo m N M rm rn M y r R O m N N N m (L m C m } m CL V h U m N m 0 o_ m � 3 C N C ) c C m v c c c y C V 2 co ' 0. c o ° gy m ° �, UdQy d d 0 m 5� a� mta J J ° ° E f o E to u > L U Y N c O aci � om u f° idEE E E ° m O$ U L d m C 0 Lv O D LL U U ZS m °° m u m s E 2 m E E E L A? m _ ddm 9 _ _ N E E E E E E € n Few w w 3 O m v m m y o LL LL LL U_ LL LL LL C-4 4t N o. c m #7In c C a �L iIco co ° cl w CL m g u p m 9 `o 0 _ m`oO m i d aa.m i'C mwco o N r�7 of co (AN QSfp to llm�� Ll W D U i Z O U Z L 'a U N W SlDj G�7 > O m y po m m L° m m m IL aaaa d O r Z O N O m N N ? N !4 .o E J v c O IL C (p N C O N N 9 O ` E N m C 7 c d 0 m $+ m p. .t. m C d O O L �O, N O C N W lY J O m C Y � Y m � m N C T y C 4 i y 2 m C m 0 y o'm`o c o2oc y m N U m W c 2 C 0 R O m N N N m (L m C m } m CL V h Q m 0 o_ O m N 0 so m °om d " "No W Y m Q � � O � rc = U 0 v mi- � g a � J N M c f ` ` V 000035 11III'I VIII NIU t IIIII III �IBIII�IIIiIIIIIIIhI 0 1 i /6Z/20e4 0003.53P S%VIA DAVIS COVENANT REGARDING BUILDING ENVELOPE REALIGNMENT This Covenant is created this 2nd day of November, 2004 by RBR 12, LLC, a Colorado limited liability company ( "RBR "). RBR is the owner of the following described property in Pitkin County, Colorado: Lots 1 and 2, Stein Lot Split Subdivision, according to the Final Plat thereof recorded December 28, 2000 in Plat Book 55 at Page 48 as Reception No. 450026 These two lots are separately referred to herein as "Lot 1" and "Lot 2." RBR is contemplating a realignment of the building envelope on Lot 1 and has prepared the Potential Building Envelope Location map, attached hereto as Exhibit A, whereon the proposed building envelope realignment is depicted. RBR, and it successors or assigns, may, but are not required to, exercise the said right to realign the building envelope on Lot 1. So long as said relocation is substantially in the location shown on Exhibit A, the owner of Lot 2, its successors and assigns Q shall not have any right to object to the relocation of the building envelope as shown thereon and S agrees, by taking title to Lot 2 subject to this Covenant, to execute any consent required by Pitkin County, as reasonably necessary to obtain any required County approval for said relocation. ' J The rights and obligations with respect to the said realignment of the building envelope on Lot 1 by the owner of Lot 1 are covenants running with the land comprising both Lot 1 and Lot 2 and shall benefit and be binding upon RBR's successors and assigns for a period of seven (7) years from the date hereof. If the building envelope on Lot I is realigned during said seven (7) year period, or at the expiration of said seven (7) year period, whichever comes first, RBR shall upon receipt of a written request from the owner of Lot 2, execute and record a release and termination of this Covenant. IN WITNESS WHEREOF, RBR has executed this instrument on the date first above written. RBR 12, LLC, a Colorado limited liability company By: Red Butte Partners, LLC, a Colorado limited liability company, its sole member By: CI Z-6L, l ate Madhu Krishnam rti, Manager The pem n authorized to receive tfis document is CHRIS LACROIX GARFIELD & HECHT 601 E. ` H UAN ASPEN, CO 81611 000n36 I�IIININIIIINNIV�I�IU INNIII Nl�lllll� 5/e 20 4 03.93P STATE OF COLORADO ) SILVIP DAVIS PITKIN COUNTY CO R 16.00 0 0.00 ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this 2 day of November, 2004, by Madhu Krishnamurti, Manager of Red Butte Partners, LLC, a Colorado limited liability company, the Sole Member of RBR 12, LLC, a Colorado limited liability com an . Joy S. Hq ' : ^_nvNorary PUL*c Witness my hand and official seal. My , ,•., - �«,a; Q21oe My commission expires: s.:' acaior..ao o +s.'.l�Fti�� 000037 i f 11116 Xj . �� �' � � /FIR f a ���5� // �,Dg�fffj wi- 'A4( IIIIIhIINtnINIUIIIIII III IInIIIIII Jill 1llllh ! f z ea:s.r SILVIN DAVIS PITKIN COUNTY CO R 2t.00 D 0.00 DITCH REALIGNMENT AND ALTERATION CONSENT AGREEMENT This Agreement is dated this 2 nd day of November, 2004, by and between RBR 12, LLC, a Colorado limited liability company ( "RBR "), as owner of Lot 1 of the Stein Lot Split Subdivision, and Jack Fiorella III and Jane P. Fiorella (together. "Fiorella "), as owners of Lot 2 of the Stein Lot Split Subdivision. WITNESSETH; WHEREAS, RBR and Fiorella are successors to that certain Ditch Realignment and Alteration Consent Agreement between The Marjorie B. Stein L.L.L.P., A Colorado Limited Liability Partnership; James Daggs, Special Trustee of Trust B d /w /o Henry L. Stein, Deceased and Robert J. Hurst, dated August 29' 2003 and recorded at Reception No. 488169, Pitkin County Records; WHEREAS, RBR and Fiorella are the current co- owners of the Little Red Butte Spring Ditch structure, and certain water rights decreed thereto, located in Pitkin County and taking its supply of water from Slaughterhouse Gulch, a tributary of the Roaring Fork S River; ' J WHEREAS, RBR and/or its successors and Fiorella and/or his successors, wish to construct improvements, including culverting, piping, relocating and other modifications within the easement and structure for the Little Red Butte Spring Ditch, including possible consolidation of the upper and lower laterals into a single ditch and relocating this ditch outside the building envelope on Lot 1 of the Stein Lot Split Subdivision; WHEREAS, the parties hereto wish to grant each other the right to make such improvements and relocation of the Little Red Butte Spring Ditch, subject to the terms of this Agreement. NOW THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, and the mutual promises and covenants contained herein, the parties agree as follows: 1. RBR and. /or its successors may realign, alter, improve, culvert and/or pipe portions of the Little Red Butte Spring Ditch where it traverses Lot I of the Stein Lot Split Subdivision (hereinafter "Lot I "). 2. Fiorella and/or his successors may realign, alter, improve, culvert and/or pipe portions of the Little Red Butte Spring Ditch where it traverses Lot 2 of the Stein Lot Split Subdivision (hereinafter "Lot 2"). 3. RBR and /or its successors shall bear all expenses associated with realigning, altering or modifying the Little Red Butte Spring Ditch on Lot 1 including the cost 00039 1 U/622004 03:57P of installing pipe and culverts and improving culvert crossings. Fiorella and/or his successors shall bear all expenses associated with realigning, altering or modifying the Little Red Butte Spring Ditch on Lot 2 including the cost of installing pipe and culverts and improving culvert crossings. 4. The parties recognize that the primary objective of RBR and/or its successors may be to relocate the Little Red Butte Spring Ditch outside of the building envelope on Lot 1. Fiorella and/or his successors agree to cooperate with RBR to accomplish that objective. Such cooperation shall include, if reasonably necessary to accomplish the foregoing objective, a realignment of the ditch on Lot 2 to accommodate a new point of connection with the realigned portion of the ditch on Lot 1. In such event, the owner of Lot I shall pay the costs incurred in such realignment of the ditch on Lot 2. The parties hereto agree that prior to any realignment activities commencing on Lot 1, the parties will work together and reach agreement on any proposed new location for the Little Red Butte Spring Ditch to enter Lot 2 from Lot 1. The parties further agree that Fiorella's consent will not be considered unreasonably withheld if such proposed realignment of the segment of the ditch that enters Lot 2 from Lot t materially impacts Lot 2 in a negative way (e.g., the discontinuance of natural gravity flow of the ditch (unless the Owner of Lot 1, provides pumping facilities and pays all costs related thereto in perpetuity in the event its natural gravity flow is diminished as a result of the realignment), any material interference with landscaping or pond locations on Lot 2, etc.). 5. The parties hereto and their successors in interest to the Property expressly agree to indemnify and hold harmless each other from liability due to a party's, a party's agent's or a party's independent contractor's improper construction, use, maintenance or repair of the proposed improvements within the Little Red Butte Spring Ditch easement. 6. The parties hereto acknowledge and confirm that pursuant to that certain Ditch Realignment and Alteration Consent Agreement between The Marjorie B. Stein L.L.L.P., A Colorado Limited Liability Partnership; James Daggs, Special Trustee of Trust B u/w /o Henry L. Stein, Deceased and Robert J. Hurst, dated August 29` 2003 and recorded at Reception No. 488169, Pitkin County Records, any realignment, improvement, culverting or piping must be accomplished so that the delivery of water through the Little Red Butte Spring Ditch into the culvert under McLain Flats Road which serves as the interconnect with the down - gradient Red Butte Ranch Subdivision is not changed and said improvements do not result in a diminishment in the quantity, rate of flow or quality of water historically delivered to said culvert through the Little Red Butte Spring Ditch. 7. In the event a party hereto deems it necessary to take legal action to enforce or defend any part of this agreement, the substantially prevailing party shall be lit /h 1111III1�IIIII1 14I1,IIIIIII1II�IIIIIIIII�� 11/0 084003:51P SILVIA DAVIS PITKIN COUNTY CO R 21.00 entitled to recover their attorneys fees in prosecuting or defending such action. This agreement does not alter the legal rights and liabilities incumbent on any of the parties under applicable statutes and case law concerning malfunction or failure of the ditches. 8. This Agreement shall inure to the benefit of and be binding upon the heirs, executors, administrators, successors and assibms of the parties hereto. The obligations hereunder shall be binding upon the owners of the Property as they are in title in the Property from time to time and no owner shall remain liable hereunder for events or circumstances which arise subsequent to said owner's transfer of all its interest in the Property. This agreement shall be deemed a covenant running with the land benefited and burdened hereby. 9. Following execution of the Agreement by the parties hereto, either party may cause this agreement or a memorandum thereof to be recorded in the County Clerk and Recorder's office of any applicable county and in any applicable government office. WHEREFORE, the parties indicate their acceptance of the terms and conditions of this Agreement by affixing their respective signatures hereto. RBR 12 LLC, a Colorado limited liability company By: Red Butte Partners, LLC, a Colorado limited liability company, its sole member Ply: W04— An-tJ'L Madhu Kris namurti, Manager FI ORELLA Jack Fiorella III Jane P. Fiorella By: Chris LaCroix, Attorney in Fact By: Chris LaCroix, Attorney in Fact 00041 i N 'I�� �. ,00 111 f2 03.5 STATE OF COLORADO ��I�'II��II,I ) ss. R Zt D 0.00 COUNTY OF PITKIN ) "'Z' Davis P11'" """I co The foregoing instrument was acknowledged before me this 2" day of November, 2004, by Madhu Krishnamurti, Manager of Red Butte Partners, LLC, a Colorado limited liability company, the sole member of RBR 12, LLC, a Colorado limited liability company. Witness my hand and official seal. NQ r d Notary P is . � ••. o< Cows My commission expires: Jo S Hlj ^m'Noiary Pu.blic STATE OF COLORADO COUNTY OF PITKIN ss. The foregoing instrument was acknowledged before me this 2nd day of November, 2004, by Chris LaCroix, Attorney in Fact for Jack Morelia III and Jane P. Fiorella. Witness my hand and official seal. — c Notary Pu is My commission expires: �---�� ... --j 9, 000W SIf l n l 0 11/04/2 1 2 :47$ STOCK ASSIGNMENT (Lot 1) THIS STOCK ASSIGNMENT made this 3 PD day of November, 2004, between Robert J. Horst whose legal address is 950 5' Avenue, New York, New York 10021 ("Assignor"), and Red Butte Partners, LLC, a Colorado limited liability company, whose legal address is c/o Klein, Cote & Edwards, P.C., 201 N. Mill Street, Suite 203, Aspen, CO 81611 ( "Assignee'): WITNESSETH, that the Assignor, 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, has assigned unto Assignee, its successors and assigns forever, all the personal property described as follows: 273 shares of the certain capital stock of the Red Mountain Ditch Company, a Colorado Mutual Ditch Company, Replacement Certificate No. 3 representing an equitable and proportionate ownership in the structure rights and assets of said ditch company. TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the Assignee, its successors and assigns forever. The Assignor, for himself, his heirs and personal representatives, successors and assigns, covenants and agrees that he shall and will WARRANT AND FOREVER DEFEND the above - bargained personal property in the quiet and peaceable possession of the Assignee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the Assignor. IN WITNESS WHEREOF, the Assignor has executed this Assignment on the date set forth above. Robert J. Hurst STATE OF ) SS. COUNTY OF IV 2, il �►��1� ) The foregoing instrument was acknowledged before me this 3 day of November, 2004, by Robert J. Hurst. Witness my hand and official seal. 4 otab l lic My commission expires: 0` - ( WI1RM S GAMPAo VAN riak stm o f no Yok Ba {91700! ,.� 0 000843 STOCK ASSIGNMENT (Lot 1) THIS STOCK ASSIGNMENT made this 3 day of November, 2004, between Red Butte Partners, LLC, a Colorado limited liability company, whose legal address is c% Klein, Cote & Edwards, P.C., 201 N. Mill Street, Suite 203, Aspen, CO 81611 ( "Assignor), and RBR 12, LLC, a Colorado limited liability company, whose legal address is c/o Klein, Cote & Edwards, P.C., 201 N. Mill Street, Suite 203, Aspen, CO 81611 ( "Assignee"): WITNESSETH, that the Assignor, for and in consideration of the stun of TEN DOLLARS and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has assigned unto Assignee, its successors and assigns forever, all the personal property described as follows: 273 shares of the certain capital stock of the Red Mountain Ditch Company, a Colorado Mutual Ditch Company, Replacement Certificate No. 3 representing an equitable and proportionate ownership in the structure rights and assets of said ditch company. TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the Assignee, its successors and assigns forever. The Assignor, for itself, its successors and assigns, covenants and agrees that it shall and will WARRANT AND FOREVER DEFEND the above - bargained personal property in the quiet and peaceable possession of the Assignee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the Assignor. IN WITNESS WHEREOF, the Assignor has executed this Assignment on the date set forth above. Red Butte Partners, LLC, a Colorado limited liability company By: 503851 Soledad DeLeon Hurst, Manager IIIIIIII�I 'tIINIIK ; �IIIIII111III�III�IIUII t�ll�le 11/04/2004 9 / 11:491 STATE OF X111 4D��_ !I I �N I! . ) ss. COUNTY OF w \p il I ) The foregoing instrument was acknowledged before the this ? day of November, 2004, by Soledad DeLeon Hurst, Manager of Red Butte Partners, LLC. MAUREEN S. GARGIULO Rotary Public, State of New York 140. 492700% Gualilied in New York 1*od� Commission Expires Tan 22, 20(,a Witness my hand and official seal. W. 1, , A� • .�.. �,._ . My commission expires: 1 ;7�j 0r ©oow STOCK ASSIGNMENT (Lot 1) THIS STOCK ASSIGNMENT made this 3 day of November, 2004, between Red Butte Partners, LLC, a Colorado limited liability company, whose legal address is c/o Klein, Cote & Edwards, P.C., 201 N. Mill Street, Suite 203, Aspen, CO 81611 ( "Assignor "), and R13R 12, LLC, a Colorado limited liability company, whose legal address is c/o Klein, Cott & Edwards, P.C., 201 N. Mill Street, Suite 203, Aspen, CO 81611 ( "Assignee "): WITNESSETH, that the Assignor, for and in consideration of the sum of TEN DOLLARS and other good and valuable consideration, the receipt and sufficiency of which is hcrcby acknowledged, has assigned unto Assignee, its successors and assigns forever, all the personal property described as follows: 273 shares of the certain capital stock of the Red Mountain Ditch Company, a Colorado Mutual Ditch Company, Replacement Certificate No. 3 representing an equitable and proportionate ownership in the structure rights and assets of said ditch company. TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the Assignee, its successors and assigns forever. The Assignor, for itself, its successors and assigns, covenants and agrees that it shall and will WARRANT AND FOREVER DEFEND the above- bargained personal property in the quiet and peaceable possession of the Assignee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the Assignor. IN WITNESS WHEREOF, the Assignor has executed this Assignment on the date set forth above. Red Butte Partners, LLC, a Colorado limited liability company By: Soledad DeLeon Hurst, Manager I Iilll kill IINII IIIN IIN IN�IINIII IIIVIII ICI ltil 503851 1 1: 496 STATE OF ) SILVIP DAVIS PITKIN COUNTY CD R 6.00 D 0.00 SS. COUNTY OF The foregoing instrument was acknowledged before me this 1` day of November, 2004, by Soledad DeLeon Hurst, Manager of Red Butte Partners, LLC. MAUREEN S. GARGIULO Witness my hand and official seal. NMary Pubic, State of New YoA No. 4977008 au m New York Cou Cani rnssion Expires ion 22, 2D� Notary public My commission expires: 1 000n45 HOLY CROSS ENERGY UNDERGROUND RIGHT -OF -WAY EASEMENT KNOW ALL MEN BY THESE PRESENTS, that the undersigned, MARJORIE 8. STEIN L.L.L.P., AS TO AN UNDIVIDED 62.92% INTEREST AND JAMES DAGGS AS SPECIAL TRUSTEE OF TRUST B U/W /O HENRY L STEIN, DECEASED, AS TO AN UNDIVIDED 37 08% INTEREST. (hereinafter called "Grantors "), for a good and valuable consideration, the receipt whereof is hereby acknowledged, do hereby grant unto Holy Cross Energy, a Colorado corporation whose post office address is P. O Drawer 2150. Glenwood Springs, Colorado (hereinafter called "Grantee) and to its successors and assigns, the right of Ingress and egress across lands of Grantors, situate In the County of Pitkin, State of Colorado, described as follows: Lot 2, Stein Lot Split Subdivision, being In both Section 2, Township 10 South, Range 85 West and Section 35, Township 9 South, Range 85 West of the 6" P.M., Pitkin County, Colorado, as shown and described In plat book 55 at page 50 of the Pitkin County records. And, to construct. reconstruct, repair, change, enlarge, re- phase, operate. and maintain an underground electric transmission or distribution line, or both, with the underground vaults, conduit, fixtures and equipment used or useable In connection therewith, together with associated equipment required above ground, within the above mentioned lands. upon an easement described as follows: An easement twenty (20) feet in width, the centerline for said easement being an underground power line as constructed, the approximate location of which upon the above described property is shown on Exhibit A attached hereto and made a part hereof by reference. The rights herein granted specifically allow Grantee to install additional underground and /or pad - mounted facilities within the easement described by the attached exhibit. It shall be the Grantor's responsibility to insure that splice vaults, switchgear vaults and transformer vaults Installed hereunder on said real property are accessible by Grantee's boom trucks and other necessary equipment and personnel at all times. The use of such access by Grantee shall not require removal or alteration of any Improvements, landscaping, or other obstructions. The ground surface grade shall not be altered within ten (1 O) feet of said splice, switchgear and transformer vaults, nor along the power line route between the vaults. The ground surface grade at said transformer and switchgear vaults shall be six (6) Inches below the top of the pad, The ground surface grade at said splice vaults shall be even with the top of the pad. The manhole opening of said splice vaults shall be uncovered (excluding snow) and accessible at all times. Improvements, landscaping or any other objects placed In the vicinity of said transformers and switchgear shall be located so as not to hinder complete opening of the equipment doors. The ground surface within ten (1 O) feet of said transformer and switchgear doors shall be flat, level and free of Improvements, landscaping, and other obstructions. Improvements, landscaping and other objects will be kept a minimum of four (4) feet from non - opening sides and backs of said transformers and switchgear. Grantor hereby agrees to maintain the requirements of this paragraph and further agrees to correct any violations which may occur as soon as notified by Crantee Said corrections will be made at the sole cost and expense of Grantor. Together with the right to remove any and all trees, brush, vegetation and obstructions within said easement and the right to pile spoils outside said easement during construction and maintenance, when such is reasonably necessary for the Implementation and use of the rights herelnabove granted. In areas where vegetation is disturbed by the above described use of the easement, the ground surface shall be seeded using a standard native mix by Grantee. Grantor agrees that landscaping or other surface improvements added on said easement after the date of execution hereof will be minimized and that Grantee will not be responsible for damage to said additional landscaping or surface improvements caused by exercise of Its rights granted by this easement. Grantors agree that all facilities installed by Grantee on the above described lands, shall remain the property of Grantee, and shall be removable at the option of Grantee. Grantors covenants that they are the owners of the above described lands and that the said lands are free and clear of encumbrances and liens of whatsoever character, except those held by the following: TO HAVE AND TO HOLD, said right -of -way and easement, together with all and singular, the rights and privileges appertaining thereto, unto Grantee, its successors and assigns, forever. �j IN WI �;O raptors have caused these s to be duly executed on this , @� day of The Marjorie B. Stein, L.L L.P., as to an undivided 62.92% interest _ ' - Mry lJomThick, General Partnery J as Special Tru rust B u /w /o Henry L. Stein, Deceased, as to an undivided 37.08% Interest W /O #01- 17663:78- 56:Steln Double Circuit.8 -22.02 11111111111111111111111111111111111111111111111111 07 2 02 Ot:40P Veal. \CO- lln9 \51,.nl PLEASE RETURN TO: n CLY CROSS ENERGY P.G. DRA4ER 22.50 GLENif ODD SPRINGS, CO d1602 000nas STATE OF Si. COUNTY OF ) The foregoing Instrument was acknowledged before me this a U- day of 2D ICQ , by JAMES 8 DACCS. AS SPECIAL TRUSTEE OF TRUST B U/W /O HENRY L TES IN, DECEASED, AS TO AN UNDIVIDED 37.08% INTEREST WITNESS my hand and My commission expire STATE OF CKAsQT12jn 1 COUNTY OF ��" Iss. Pr�Siv 1 The � instrumer 20 t? � by MARY INTEREST. WITNESS my har My commission W 10#01 -1 7663:78- 56:Steln Double Clrcuit:8 -22 -02 Veda \cowlmq \swln1 Notary Public Address: f:)tS s-F- ,Ske Q(Z) fvsFe n , CO FS l to I l II I{ I I {1 1 473116 III�III Or IIIII�IIII I'�IIII III�I III�III�IIII ("1000 /0R 20 1:10P ���ti G S lcJil,c�l t Notary Public — Address' 1 IS WQS YV \c]\ y S-1e 201 CO ' 1& Its '2 ` day of >1�' THE MARJORIE B STEIN, L L P. AS TO AN UNDIVIDED 62 92% 000nu 1111111111IIIIIIINIIIIIIIIIIIIINIIa 5 page: I of 03849 3 SILVIA DAVIS PITKIN COUNTY CO a 15.0@ 0 0 tl/04 0.0 0 . 11;48{ SPECIAL WARRANTY DEED D 0 THIS DEED, dated November 2004, between Red Butte Partners, LLC, a Colorado limited liability company, grantor, and RBR 12, LLC, a Colorado limited liability company, whose legal address is c/o Klein, Coti & Edwards, P.C., 201 N. Mill Street, Suite 203, Aspen, CO 81611, grantee: WITNESS, that the grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantee, its successors and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Pitkin and State of Colorado, described as follows: Lot 1, Stein Lot Split Subdivision, according to the Final Plat thereof recorded December 28, 2000 in Plat Book 55 at Page 48 as Reception No. 450026, RESERVING, HOWEVER, to grantor and its successors and assigns the right to enter upon the area of Lot 1 labeled as dry-up on the recorded Final Plat for the sole purpose of accomplishing the dry -up required by the Decree entered in Case No. 95 -CW -366 on February 25, 1996, but only in the event the State Engineer's Office ever notifies grantor or grantor's successors that the dry -up requirements of the Decree are not being complied with, in such event, grantor will first give grantee notice of the obligation and the opportunity for a period of at least 30 days to perform the required dry -up himself. Any dry-up activities performed by grantor, or any agent or assignee of grantor, will not interfere with other permitted irrigation practices or landscaping on Lot 1 and any disturbance of Lot 1 outside of the dry-up area will be promptly repaired and restored to the original condition by the person causing the disturbance. This reserved right may be assigned to the Red Butte Ranch Homeowners Association. TOGETHER with all and singular the It ereditaments and appurtenances thereunto belonging, or in anywise appertaining, the reversion and reversions, remainder and 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 hereditamems and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, its successors and assigns forever. The grantor, for itself, its successors and assigns, does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the grantor, except and subject to those matters set forth on Exhibit A attached hereto and trade a part hereof by this reference. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. RED BUTTE PARTNERS, LLC, a Colorado limited liability company By: l�j _ STATE OF N&L1 V Kl Soledad DeLeon Hurst, Manager ) 83. County of R.1_ QaU+izAr,1 The foregoing instrument was acknowledged before me this day of November, 2004, by Soledad DeLeon Hurst, Manager of Red Butte Partners, LLC, a Colorado limited liability company. WAKEN S. GAMULO Witness my hand and official seal. Now PrAfie, Stab d Kew York My commission expires: I I y Z�C) Na 4977008 Otolifted ie Now W County _ CocinIu n B*n Jan 22, 20 L" N Public 11111NNINN�IINIINIIININCI11111IINONIIN11�1500 /2404 11:4a1 SILVIP DAVIS PITKIN COUNTY CO R 10. of D 0.00 EXHIBIT A TO SPECIAL WARRANTY DEED 1. General and special taxes and assessments for the year 2004 and subsequent years. 2. 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 Patents recorded October 21, 1895 in Book 55 at Page 60 and in Book 180 at Page 580. 3. Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the a&= be found to penetrate or intersect the premises hereby granted as reserved in United States Patents recorded August 15, 1899 in Book 55 at Page 91 and August 15, 1904 in Book 55 at Page 510. 4. Right of way for ditches or canals Constructed by the authority of the United States as reserved in United States Patent recorded June 12, 1920 in Book 55 at Page 559. 5. Right of way for ditches or canals constructed by the authority of the United States and reservation of all uranium, thorium and any other material which is or may be determined to be peculiarly essential to the production of fissionable materials, together with the right to enter upon said lands and prospect for, mine and remove the same, as reserved in United States Patent recorded July 26, 1956 in Book 172 at Page 554. 6. Terms, conditions, provisions and obligations as set forth in Water Rights Agreement recorded October 15, 1962 in Book 199 at Page 390, 7. Easement and right of way for trail for pedestrian and equestrian use as set forth in Easement recorded April 10, 1973 in Book 274 at Page 454. 8. Right of way for die Salvation Ditch, the Upper Little. Red Butte Spring Ditch and Lower Red Mountain Ditches as shown on Survey of Aspen Survey Engineers, Inc., dated August 11, 2003 as Job No. 24222Y5. 9. Terms, conditions provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners recorded February 21, 1997 as Reception No. 401960 as Resolution No. 97 -24. 10. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Ccannissioners recorded May 15, 1998 as Reception No. 416913 as Resolution No. 98 -66. 1. Terms, conditions provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners recorded November 24, 1999 as Reception No. 438009 as Resolution No. 99 -187. 12. Easement and right of way for Trail as set forth in Existing Trail Easement recorded August 4, 2000 as Reception No. 445811. 13. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners recorded November 22, 2000 as Reception No. 449104 as Resolution No. 209 -2000. 14. Those terms, conditions, provisions, obligations, easements, restrictions, assessments and an matters as set forth in Protective Covenants for Stein Lot Split Subdivision recorded December 28, 2000 as Reception No. 450027, deleting therefrom any restrictions indicating any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin 15. Terms, conditions, provisions and obligations as set forth in Deed of Conservation Easement recorded December 28, 2000 as Reception No. 450028. 16. Easement and right of way for an electric transmission or distribution line or system, as granted to Holy Cross Electric Association, Inc., in instrument recorded September 19, 2001 as Reception No. 458806. 17. Easements, rights of way and all matters as disclosed on Plat of subject property recorded December 28, 2000 in Plat Book 55 at Page 48. NOTE: Relinquishment of Privilege to Utilize Easement was recorded 000n49 April 9, 2003 as Reception No. 481093. 18. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners recorded February 1, 2002 as Reception No. 463462 as Resolution No. 01 -146. 19. Easement and right of way for electric transmission or distribution line or system, as granted to Holy Cress Electric Association, Inc., in instrument recorded October 7, 2002 as Reception No. 473116. 20. All matters as shown on the Improvement Survey prepared by Aspen Survey Engineers, Inc. under date of August 11, 2003 (lob No. 24222Y5.DWG). 21. Terms, conditions, provisions and obligations as set forth in Ditch Realignment and Alteration Consent Agreement recorded September 9, 2003 as Reception No. 488169. All of the foregoing book, page, and reception number references refer to the real property records of Pitkin County, Colorado. 11111111111111111111111111111111111110 11111 ea9 3 1.481 SILVIA OaVIS PITNIN eoUNTI cc R 16.00 D 0.00_ u00n50 INUIIINIIIIIIIIIIIIIIIIIIIIIIII�I�IIIIIIII�NIIU 5 11/02 03'57F AGREEMENT REGARDING DRIVEWAY This Agreement Regarding Driveway is made this 2" day of November 2004 by RBR12, LLC, a Colorado limited liability company ( "RBR ") and Jack Fiorella III and Jane P. Fiorella (Fiorella"). I. RBR is the owner of certain real property in Pitkin County, Colorado legally described as: Lot I, Stein Lot Split Subdivision, according to the Final Plat (the "Plat") thereof recorded December 28, 2000 in Plat Book 55 at Page 48 as Reception No. 450026 ( "Lot 1"). 2. Fiorella is the owner of certain real property in Pitkin County, Colorado legally described as: Lot 2, Stein Lot Split Subdivision, according to the Final Plat thereof recorded December 28, 2000 in Plat Book 55 at Page 48 as Reception No. 450026 ( "Lot 2 "). (b 3. Pursuant to that certain Contract dated July 14, 2004, as amended (the "Contract') between Jack Fiorella III and/or assigns, as buyer, and Robert J. Hurst , as seller ( "Hurst'j, relating to the sale and purchase of Q Lot 2, Hurst as the owner of both Lot I and Lot 2, and Fiorella, as the contract purchaser of Lot 2, made certain agreements relating to driveway to be constructed within the shared access to Lot 1 and Lot 2 (the "Driveway Agreement"). This Agreement is being executed and recorded in the real estate records of Pitkin County, Colorado to evidence the aforementioned agreement. 1 J 4. Fiorella and RBR agree to cooperate and negotiate in good faith to prepare and submit a joint application for separate access drives for Lot 1 and Lot 2 (the "Driveway Application "). The Driveway Application shall be submitted within one (1) year following the date hereof. Fiorella and RBR shall retain the services of a mutually acceptable surveyor, land planning consultant, architect and such other mutually acceptable advisors as they deem necessary to assist them in determining acceptable driveway alignments and preparing and processing the Driveway Application. The costs and fees incurred for preparation and processing of the Driveway Application shall be shared equally. The costs for determining each party's preferred driveway alignment that will be submitted in the Driveway Application, shall be borne by such party. If either party desires to have, in addition to the mutually acceptable advisors, its own advisor(s), the cost for such party's own advisor(s) shall be home solely by the party retaining such advisor(s). 5. If, within one (1) year following the date hereof, the Driveway Application is not submitted for any reason (including because Fiorella and RBR are not able to mutually agree upon the Driveway Application), or if the Driveway Application is submitted but is not approved within six (6) months after it is submitted, or if the Driveway Application is approved within six (6) months after it is submitted but the approval includes conditions that are not acceptable to either Fiorella or RBR in their reasonable discretion, then, in any such case, RBR shall, upon written request from Fiorella made at any time up to three (3) years after the date hereof, provide Fiorella with an access/utility easement across Lot I for the driveway to Lot 2 by executing and recording with Fiorella the easement agreement in the forth attached hereto as Exhibit "A ", using the existing approved shared access and following the alignment over Lot l in the general location shown on Exhibit "A" attached hereto (the "Access Easement "). 6. The obligations of RBR and Fiorella pursuant to this Agreement run with title to Lot I and Lot 2. [Signatures on Next Page] The person a jeffized to receive ttiw document is CHRIS LACROIX GARFIELD & HECHT 601 E. HYMAN ASPEN, CO 81611 uomi aCo 12 LLC, 111111111 till IIN11111111111115M 2006~ 0a:57P a Colorado limited liability company SILVIR DAVIS PITKIN COUNTY CO R 46.00 0 0.00 By: Red Butte Partners, LLC, a Colorado limited liability company, its sole member ` Madhu Krishnasburti, Manager Jack Fiorella III Jane P. Fiorella By: Chris LaCroix, Attorney in Fact By: Chris LaCroix, Attorney in Fact STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this 2n day of November, 2004, by Madhu Krishnamurti, Manager of Red Butte Partners, LLC, a Colorado limited liability company, the sole member of RBR 12, LLC, a Colorado limited liability company. Witness my hand and official seal. C My commission expires: My comm Joy 3, Hlgens/Nolery Gublic ision oxp.ms d;2 -,W Sls:a cd Colo:adp Notary Iblic STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this 2" day of November, 2004, by Chris LaCroix, Attorney in Fact for Jack Fiorella III and Jane P. Fiore] Ia. Witness my hand and official seal. My commission expires: joy P O 5• H ' C �:I:f `1 h:y (? Notary Pu 'c ,;:, Pus," ; •�P' a- rb 'y :r .J i:: ,: Cap 9r:•......!i? 000052 EXHIBIT "A" [Form of Easement Agreement) EASEMENT AGREEMENT THIS EASEMENT AGREEMENT ( "Agreement") is made this ^ day of (" "), whose address is and (" ") whose address is RECITALS RECORDING REQUESTED BY: WHEN RECORDED RETURN TO: Chris LaCroix Garfield & Hecht, P.C. 601 East Hyman Avenue Aspen, Colorado 81611 NN II�N1uupppplI''a,1�nt'l11 ''�pIIl t�NN���t����Il��Mppa0�� .a,',00�1t11000' IpI 503780 I�IIIII�,111 NI�IIII,I�I IIIIIIII010 \III „IlIII1110I 011/02 n 0 00 3 57F 200_ between A. is the owner of certain real property legally described as Lot 1, Stein Lot Split Subdivision, according to the Final Plat (the "Plael thereof recorded December 28, 2000 in Plat Book 55 at Page 48 as Reception No. 450026, County of Pitkin, State of Colorado ( "Lot 1 "). is referred to herein as "Lot I Owner ". B. is the owner of certain real property legally described as Lot 2, Stein Lot Split Subdivision, according to the Final Plat thereof recorded December 28, 2000 in Plat Book 55 at Page 48 as Reception No. 450026, County of Pitkin, State of Colorado ( "Lot 2 "), is referred to herein as "Lot 2 Owner ". C. Subject to the terms and conditions hereof, Lot I Owner agrees to grant to Lot 2 Owner, for the benefit of Lot 2, a driveway and underground utility easement over and across Lot 1 as shown on the map attached hereto as Exhibit "A ". D. The Plat provides a shared access easement on Lot 2 adjacent to the Mclain Flats Road and Exhibit A also indicates the portion of the Easement granted hereby that is also shared by the Lot I Owner and Lot 2 Owner (collectively, the "Shared Aeeesel. WITNESSETH FOR GOOD AND VALUABLE CONSIDERATIONS, the receipt and sufficiency of which are hereby confessed and acknowledged, the parties agree as follows: 1. Grant of Easement. Lot I Owner hereby grants, conveys, assigns and transfers onto Lot 2 Owner, over and across Lot 1, a non - exclusive, permanent and perpetual thirty foot (30') wide private easement and right - of -way (the "Easement ") as shown on the map attached hereto as Exhibit "A ". The Easement shall be used for the construction, improvement, maintenance, repair and replacement of a driveway, and underground utilities to serve and benefit Lot 2. The driving surface of the driveway within the Easement shall not be wider than eighteen (18) feet (although wider areas for pull -outs may be included). The driveway within the Easement and the Shared Access shall be graveled. The parties shall undertake periodic dust control as necessary to prevent airborne dust from the use of the driveway, with the cost of such dust control borne by the Lot 2 Owner for the portion of the Easement that is not shared and the parties equally sharing the cost of dust control for the Shared Access. The parties may mutually agree to have all or portions of the driveway paved upon terms and conditions agreed to by tine parties from time to time. As used herein, the term onU IhllIIINIII III,f III �IIIIINIII III VIII IIII 5002 `ze© 0.i 57P SILVIn DAVIS PITKIN COUNTY CO R 40.00 0 0.00 "paved" shall mean chip seal or asphalt, as customary in Pitkin County for such driveways. In addition to the driveway, Lot 2 Owner may install and maintain within the Easement lighting, earth forms, landscaping, irrigation and signage; all of which shall be the minimal necessary to meet applicable local health and safety codes or as necessary to satisfy the conditions of any County approval of the driveway. Any improvements beyond the foregoing which ate necessary for the function of the driveway within the Easement shall require the consent of Lot I Owner, which consent shall not be unreasonably withheld. In any construction, repair or replacement of the driveway or underground utilities, there shall exist a temporary license along and outside the boundaries of said Easement, not exceeding ten (10) feet on either side of the Easement, to pile debris, store materials or for other temporary purposes; provided however, when such construction, repair or replacement is completed, any disturbed areas outside the boundaries of the Easement shall be promptly restored, to the fullest extent reasonably possible, to the natural or improved conditions existing prior to such construction, repair or replacement. The construction of the driveway and any underground utilities within the Easement and all permitted improvements shall be completed within sixty (60) days of the date they commence; provided that this provision shall not require any final road surfacing with gravel or any paving of the driveway to take place within the initial sixty day construction period, the parties recognizing that such work may take place after construction of a residence and such work shall have a separate sixty (60) day completion period. Restoration work shall be completed within thirty (30) days thereafter, subject to delays due to seasonal conditions. All construction and Maintenance of the driveway and utilities shall be in accordance with and subject to applicable Pitkin County regulations. 2. Survey. Any time after execution of this Agreement, either party shall have the right to obtain, at its expense, an as -built survey of the driveway within the Easement whereupon the parties shall enter into a supplement to this Agreement in recordable form replacing Exhibit "A" with a legal description prepared on the basis of said survey. It is further agreed that the location of the Easement may be insubstantially changed with the consent of Lot I Owner to the extent necessary to accommodate actual conditions on the ground encountered at the time the survey is prepared or at the time of construction. Lot I Owner's consent to such changes shall not be unreasonably withheld or delayed and the description of the Easement may be further supplemented to reflect such changes. 3. Maintenance/Utithies, Lot 2 Owner shall be solely responsible for the cost of initial construction of the driveway in the Easement, any necessary ditch relocation or improvements and any utilities or other improvements within the Easement. The cost of initial construction (including, without limitation, any ditch relocation or related ditch improvements), and subsequent improving, maintaining and repairing including, but not limited to snow removal and repair of erosion, ditch maintenance and repair (collectively, the "Maintenance") of the driveway within the Shared Access shall be borne equally by Lot 1 Owner and Lot 2 Owner to the point where the driveway shall spur therefrom to accommodate and serve Lot 2. From and after that point, the cost of Maintenance shall be home solely by Lot 2 Owner. The first party to undertake construction of the driveway shall be responsible for administration of Maintenance of the Shared Access and the other party shall reimburse the administering party for one -half (' /s) of the cost of the Maintenance within thirty (30) days of receiving a statement therefor. Either party shall have the right, at such party's expense, to tap into any utilities installed by other party within the Easement; provided however, that such party shall reimburse the other for one-half ( %:) the cost incurred by the other party to originally install such utilities. Further, where the overall capacity of any utility line or extension is insufficient, then the party desiring to tap into such utilities shall be responsible, at its expense, for any upgrades or additional equipment to accommodate such additional use. Notwithstanding any other provision hereof . should the Easement or driveway be damaged (other than ordinary wear and tear) which damage is attributable to either Lot 2 Owner or Lot 1 Owner or their successors or assigns, such as by the use thereof by heavy construction equipment, then the party responsible for such damage, shall, at its sole expense, promptly repair all such damage. 4. Representations of Lot l Owner. Lot 1 Owner represents to Lot 2 Owner that Lot I Owner is well seized and has good title to Lot 1 free and clear of all liens, taxes (other than property taxes for the calendar 070054 IIhN�II III IIiNTI IIII�II III ICI 4 500 2000¢ 3:57P year hereof), encumbrances or other matters that could impair the Easement or result in said Easement being extinguished. Lott Owner further represents that Lot 2 Owner shall have quiet and peaceful possession and use of the Easement for the purposes herein set forth. 5, indemnification and Insurance. As between Lot 2 Owner and Lot 1 Owner and without creating any third party rights: (1) Lot 2 Owner shall at all times remain solely responsible for injuries, demands, damages to persons or property, losses or judgments arising from use of the Easement by Lot 2 Owner and its invitees and guests, except if due to the negligence or willful act of Lot 1 Owner, and (2) Lot 1 Owner shall at all times remain solely responsible for injuries, demands, damages to persons or property losses or judgments arising from use of the Easement by Lot I Owner and its invitees and guests except if due to the negligence or willful act of Lot 2 Owner. Each of Lot 2 Owner and Lot I Owner shall obtain and maintain adequate property and liability insurance insuring against such injuries, demands, damages to persons or property, losses or judgments. Such insurance shall name the other party as an additional insured. Upon request, either party shall provide the other with proof of such insurance coverage. Such insurance shall provide that it may not be canceled for any reason as it affects the other parry without at least thirty (3 0) days' prior written notice to such other party. 6. Subordination by Lienholders. If either Lot I or Lot 2 is encumbered by a lien at the time of execution of this Agreement, any patty whose Lot is so encumbered steal I obtain the written agreement of the lienholder(s) to subordinate their interests in Lot I and/or Lot 2, as the case may be, to the Easement granted hereby in accordance with the form attached hereto as Exhibit "B ". 7. Reservations of Rights. As to the Easement granted herein, the exclusive right to use and enjoy Lot 1, including the land beneath and the airspace above, for all purposes and uses which do not unreasonably interfere with such Easement, is reserved to Lot I Owner. 8. Defaults. Unless otherwise provided herein, in the event that either party hereto breaches any provision contained herein (the "Defaulting Party "), the other party (the "Nondefaulting Party ") shall be entitled to give written notice of default to the Defaulting Party and shall provide a fifteen (15) day opportunity to cure the specified default. In the event that the default is not cured within such period of time, the Nondefaulting Party shall have the right, at its option, to cure such default and shall have the right to be reimbursed by the Defaulting Party for any reasonable costs it incurs in curing such default. Any reimbursement payments not paid within thirty (30) days after the Defaulting Party has received an itemized statement of such costs from the Nondefaulting Party, shall bear interest at one and one -half (]'/2%) percent per month. In addition, theNondefaulting Party shall have the right to place alien on the property owned by the Defaulting Party for any amounts due under this Agreement that remain unpaid for a period of more than thirty (30) days after the Defaulting Party has received an itemized statement of such costs. 9. Benefits and Burdens. All provisions contained herein, including the benefits and burdens, run with the land and are binding upon all persons who now or hereafter acquire any interest in Lot I or Lot 2, whether as an owner, renter, deed of trust or mortgage beneficiary or otherwise. Each provision contained herein shall be deemed incorporated in each deed or other instrument by which any right, title or interest in any of Lot I or Lot 2 is granted, devised or conveyed, whether or not set forth or referred to in such deed or other instrument. Where this agreement refers to Lot I Owner or Lot 2 Owner, it shall mean each of them individually during the term of their respective ownership of the properties described herein and their successors and assigns subsequent thereto. 10. Attorney's Fees. In the event any action or proceeding is brought by any party for the enforcement or the attempted enforcement of any of the provisions contained herein, the prevailing party, as determined by the court, in such action or proceeding shall be entitled to recover reasonable attorney's fees, in addition to any other relief to which it may be entitled. !100055 { 1 503780 2111 11 1111 1 11111 1 IM 111111 1 6 1111 a W02/ 0.0a 3 57P SILVIA DAVIS PITKIN COUNTY CO R 46. 11. Applicable Law. The law applicable hereto and its interpretation shall be that of the State of Colorado (regardless of its choice of law provisions), and any litigation arising out of or conceming this Agreement shall be commenced and maintained in Pitkin County, Colorado, and the parties hereby submit to the personal jurisdiction of Colorado in connection therewith. 12.Severability. Any determination by any court of competent jurisdiction that any provision hereof is invalid or unenforceable shall not affect the validity or enforceability of any of the other provisions hereof. Where any provision hereof is alleged to be or declared by a court of competent jurisdiction to be unconscionable, this document shall automatically be amended by the insertion of a new provision as similar thereto as practicable, but which would not be unconscionable, invalid or unenforceable. 13.Correction Documents. The current and future owners of Lot I and Lot 2 shall fully and promptly cooperate to correct any scrivener, clerical or other errors found in any legal descriptions or in any other provisions of this document or any exhibits hereto. 14. Exhibits. All exhibits attached to this document are incorporated herein by this reference and made a part hereof. I S.Merger. This Agreement constitutes the entire understanding relating to the subject matter hereof. All preceding agreements relating to the subject matter hereof, whether written or oral, are hereby merged into this Agreement. 16. Waiver. Any waiver by either party hereto of any breach of any kind or character whatsoever by the other party, whether such be director implied, shall not be construed as a continuing waiver of or consent to any subsequent breach of the provisions hereof on the part of the other party. 17.Counterparts. This Agreement may be executed in counterparts and, as executed shall constitute one Agreement binding on all of the parties hereto notwithstanding that all said parties are not signatory to the original or same counterpart. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first written above. LOT 1 OWNER: LOT 2 OWNER: (-n [Notary Blocks on Following Page] 000056 STATE OF ) ) ss. COUNTY OF ) The foregoing Easement Agre , Lot 1 Owner. 11111111�11111111111111111111111IN11111111115 ;00z 200° 03:57P SILVIR DAVIS PITKIN COUNTY CO R 40.00 D 0.00 :ment was acknowledged before me this _ day of , 200 by WITNESS my hand and official seal. My commission expires: STATE OF ) ) ss. COUNTY OF ) Notary Public The foregoing Easement Agreement was acknowledged before me this , Lot 2 Owner. WITNESS my hand and official seal. My commission expires: Notary Public day of , 200_ by 000057 III�IIIII�IIIIIIIIIIIIIIIIIII��IIIIIIgIIIIIINIllll ©02 3 �`WiM7 y A ' 3 o y z e N M y -` �M1 J 000058 IIIIIIIIIIhIIII�NIIIIIII�IUIIhiNllliill�IIIN1 50 0 20 03.S,P EXHIBIT "B" to EXHIBIT "A" Mortgage Holder's Subordination , being the beneficiary of that Deed of Trust dated and recorded at Reception No, encumbering Lot , Stein Lot Split Subdivision, according to the Final Plat thereof recorded December 28, 2000 in Plat Book 55 at Page 48 as Reception No. 450026, County of Pitkin, State of Colorado, hereby consents to and approves this Easement Agreement and agrees that said Deed of Trust shall be subordinate to this Easement Agreement. This Easement Agreement shall be deemed to have been executed and recorded in the real estate records of Pitkin County prior to said Deed of Trust, and shall survive any foreclosure thereunder. Executed this day of 200. Name of Lienholder Name: Title: STATE OF ) )ss COUNTY OF ) The foregoing Mortgage Holder's Subordination was acknowledged before me this , by of WITNESS my hand and official seal. My Commission expires: Notary Public day of o00n59 RIGHT -OF -WAY GRANT Kinder Morgan, Inc. KNOW ALL MEN BY THESE PRESENTS: RETAIL EASEMENT FORM That David Solomon and Mary Solomon, ( "Grantor'), for themselves, their heirs, successors or assigns, for and in consideration of the sum of Ten Dollars (510.00), the receipt and adequacy of which is hereby acknowledged dotes) hereby grant, convey and confirm unto, Kinder Morgan, Inc., a Kansas corporation, whose address is P. O. x Bo 281304, Lakewood, CO 80228.8304, its successors and assigns ("Grantee"), an easement to survey, construct, install, inspect, maintain, renew, repair, remove, replace and operate a pipeline and appurtenances, including all above ground structures thereto, for the transportation of natural gas in, on, over, under, upon and through the following described lands situated in portions of Lot 1, Stein Lot Spot Subdivision, according to the Final Plat thereof recorded December 28, 2000 in Plat Book 55 at Page 48, Reception No. 450026, in the Clerk and Recorders Office, Pitkin County, said parcel located in Section 35, Township 9 South, Range 85 of the 6 Principal Meridian, Pil kin County, State of Colorado. This (easement is subject to any and all other easements, rightsof -way, variances andfor agreements of record The easement encompasses a continuous strip of land Twenty (20) feet in width along Grantors South property line. The above sum is acknowledged by the undersigned as full consideration for the easement and also for damages to both land and growing crops occasioned by the initial installation of facilities. The Grantor(s) reserve(s) the right to cultivate, use and occupy said premises for any purpose oorrsistent with the rights and privileges herein granted and which will not interfere with or endanger any of the facilities therein or use thereof. Such reservation by the Grantor(s) shall in no event include the right to construct any buildings or structures, to impound any water, or to plant any trees or shrubs upon the easement. The Grantee, at all times, shall have the right of access by a reasonable route to the easement and along and upon the same for the purposes hereof, which include, surveying, inspection and testing. Grantee shall pay Gran s) for actual damages to land and growing crops occasioned by any future installations, construction, maintenance, alteration, repairing, replacing, reconstruction and removal of facilities on the easement To have and to hold the said easement unto the said Grantee, its successors and assigns, so long as the same shall be used or useful for the purposes of the Grantee. IN WITNESS WHEREOF, Grantor has hereunto set its hand this L day of k r, 2005 WITNESS: of 2 Pa II�IIIIIIIIIIIIII� 1 1 . 68 9% 6//20 11:18, ae 000nso STATEOF AtJYCrk ) as COUNTY OF L Yoram ) On this _� day of M 2005 before me, a notary public, in and for said county and state, personally appeared the above name David Sokxnon & Mary Soloman who is personally known to me and known to me to be the identical persons whose name is affixed to the above instrument and acknowledged the instrument to be their voluntary act and deed. IN WITNESS WHEREOF 1 have hereunto set my hand and affixed my notary My Commission Expires: David Solomon & Mary Solomon Lot 1, Stein Lot Split Subdivision Aspen, CO 81611 Retail IINI VIII II �I VIII III SIN I II II VIII III) III 09/26 2005 11;1& SILVIR DAVIS PITKIN COUNTY CO R 11.00 D 0.00 and year_jeft above written. o d ut . OOOn61 1111 loll �u��i�«T�iia�iNi IIII�111�1��05/8 C 007 t1:141 DISTRICT COURT, COUNTY OF GARFIELD, COLORADO GARFIELD COUNTY COURTHOUSE 1098TH STREET, SUITE 104 GLENWOOD SPRINGS, CO 81601 PHoNF: (970) 947 -3854 IN THE MATTER OF THE PETITION FOR THE ORGANIZATION OF THE BASALT WATER CONSERVANCY DISTRICT A COURT USE ONLY A CIVIL ACTION No. 5593 FINDINGS AND ORDER CONCERNING THE INCLUSION OF LANDS IN THE BASALT WATER CONSERVANCY DISTRICT THIS MATTER COMING BEFORE THE COURT upon the filing of an Order by the Board of Directors of the Basalt Water Conservancy District granting the Petition of David M. Solomon and Mary C. Solomon for the inclusion into the District of the lands hereinafter described, the Court having reviewed said Order and the findings therein contained, and having concluded that the statutory requirements for inclusion of lands within said District have been met, IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the following described lands situate and being in the County of Pitkin, State of Colorado be and hereby are included in the Basalt Water Conservancy District, to wit: Lots 1 and 2, Stein Lot Split Subdivision, according to the Final Plat thereof recorded December 28, 2000 in Plat Book 55 at Page 48 as Reception No. 450026. IT IS FURTHER ORDERED that the above described lands be included within and made a part of existing Division 7 of said District. DONE this 0 4 - 4 1 day of 2007, in Glenwood Springs, Colorado. BY THE COURT: JAMES C. BRADFORD Or GARFIEW COUK" Kn9s, Colorado u Apq nd �� DENISE K. LYNCH V" YET; District Judge C Aln•ca�mv[r�u.w a.N w. Bade Wne CmrscrvacY Delnc� �o Balcarbk Grsn PC. P U Dnwc THI Glm�.mE Spnr�g�, N tl1e02 o o o n 6 2 ""0"' FKJOS111111111111111111 16 / 2 JANICE 111111 CAUe ILL PITKIN COUlTY CO 0 4/03/2007 11 :22f R 0.00 D 0.00 ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF PITKIN COUNTY, COLORADO, APPROVING THE SOLOMON MINOR AMENDMENT TO A DEVELOPMENT PERMIT AND MINOR PLAT AMENDMENT Decision No. C -2007 RECITALS 1. David and Mary Solomon ( "Applicants "), have applied to the Community Development Director of Pitkin County, ( "Director "), pursuant to Sections 2- 20- 150(b) and 2 -30-20 of the Pitkin County Land Use Code (`Code "), to move the building envelope, add a septic envelope, modify the access envelope and create a Trail envelope and easement for the Sunnyside Trail. 2. The property is located on the north side of McClain Flats Road and is described as Lot 1, Stein Lot Split Subdivision (formally Red Butte Ranch Parcel 1 Subdivision). 3. The property is zoned AR -10 and contains 45 acres. 4. The BOCC approved Red Butte Ranch Parcel 1 Lot Split, or what eventually became known as the Stein Lot Split, pursuant to Resolution No. 97 -24 (Conceptual Subdivision approval) and Resolution No. 98 -66 (Detailed and Final Plat approval). The BOCC subsequently approved an Extension of Vested Rights for this Subdivision that runs through April of 2011 (Resolution No. 99 -187), and a Minor Amendment to a Development Permit for the use of TDRs for below grade floor area (Resolution No. 209- 2000). 5. The Applicant submitted a complete application after July 6, 2006, therefore, the application is being considered pursuant to the 2006 Land Use Code. 6. The Director finds that the request is consistent with Sections 2- 20- 150(b) and 7- 20- 20(C)3 of the Land Use Code. APPROVED by the Director, subject to the following conditions: 1. The Applicants shall adhere to all material representations made during the application process. 2. The Applicant shall comply with the provisions of BOCC Resolution Nos, 97 -24, 98 -66, 99 -187 and 209 -2000, unless otherwise replaced or amended by the conditions of this approval. 3. Prior to submission of any future building permit applications, the Applicants shall be required to submit for approval by the County Attorney and Community Development an amended Plat in accordance with Section 2.1.13 of the Pitkin County Land Use Application Manual. The Plat shall include the amended building envelope, the access envelope, the septic envelope and the Trail envelope. The above referenced approvals shall be a condition precedent to finalization and recordation. 4. Prior to issuance of a building permit, the Applicants shall provide a landscape plan for review and approval by Community Development. o00n63 ��- III III�IIIIIIIINIIIIIhIIIININI 5 @:2 zzr JANICE K vOs CAUDtLL PITKrN COUNTS CO R 0.00 0 0.00 5. The Applicants shall submit an Earthmoving Permit for the construction of the new Sunnyside Trail. As part of the permit, a reclamation and revegetation plan shall be submitted for the old Trail, as well as the revegetation plan for the new Trail. As part of the permit, the Applicant shall provide written approval from the Salvation Ditch Company for the new Trail alignment. 6. The Sunnyside Trail, in its original configuration, shall not be closed at any time due to construction on the Applicants' property, until the new Trail is completed and ready for use by the public. 7. During construction of the residence, prior to the completion of the new Sunnyside Trail alignment, the Applicants shall provide safety fencing along the affected section of the Trail, as well as informational signage at the intersection of the Trail and McClain Flats Road and along the Trail near the Salvation Ditch. 8. The Applicants 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. The Applicants shall pay the applicable road and housing impact fees. 10. Prior to issuance of a building permit, the Applicants shall 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. APPROVED by the Director, this24b., day of L 2007. .,l (004 r Ci oubeii )— Community Development Director PlD# 264335403001 P259 -06 000no4 313 r 0 LIP r TRUSTEE'S DEED James Daggs, as Special Trustee of Trust B u /w /o Henry L. Stein, Deceased, as to an undivided 37.08% interest, Grantor, for the consideration of Ten Dollars ($10.00) and other good and valuable consideration in hand paid, hereby sells and quitclaims to Robert J. Hurst, Grantee, whose mailing address is 950 Fifth Avenue, New York, NY 10021; all of Grantor's right, title and interest in the following real property situated in the County of Pitkin, State of Colorado, to wit: Lot 1, Stein Lot Split Subdivision, according to the Final Plat thereof recorded December 28, 2000 in Plat Book 55 at Page 48 as Reception No. 450026, RESERVING, HOWEVER, to Grantor and its successors and assigns the right to enter upon the area of Lot 1 labeled as dry -up on the recorded Final Plat for the sole purpose of accomplishing the dry -up required by the Decree entered in Case No. 95 -CW -366 on February 25, 1996, but only in the event the State Engineer's Office ever notifies Grantor or Grantor's successors that the dry -up requirements of the Decree are not being complied with. In such event, Grantor will first give Grantee notice of the obligation and the opportunity for a period of at least 30 days to perform the required dry -up himself. Any dry -up activities performed by Grantor, or any agent or assiignee of grantor, will not interfere with other permitted irrigation practices or landscaping on Lot 1 and any disturbance of Lot 1 outside of the dry -up area will be promptly repaired and restored to the original condition by the person causing the disturbance. This reserved right will be assigned by Grantor to the Red Butte Ranch Homeowners Association upon the transfer to the Association of the Red Butte Ranch Open Space Parcel and associated water rights. with all its appurtenances, except and subject to those matters set forth on Exhibit A attached hereto and made a part hereof by this reference. Dated this 29th day of August, 2003. irr!'l� fm'g Daggs as SpechalYrustec of Trust B u /w /o Henry L. Stein, Deceased STATE OF COLORADO COUNTY OF PITKIN ss. The foregoing instrument was acknowledged before me this el$ 'day -bf August, 2003, by James Daggs as Special Trustee of Trust B u /w /o He31ry L. $iein,_. - Deceased. Witness my hand and notarial seal. �• '�� ,, My commission expires NOTARY PUBL C (oc != ni41t� 3123631 _ 1.DOC IUD 1 4a� 209 04:03P SILVIA DAVIS VITKIN COUNTY CO R 10.00 0 375.00 000no5 EXHIBIT A EXCEPTIONS FROM TITLE WARRANTIES 1. General taxes and assessments for 2003 and subsequent years. 2. 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 Patents recorded October 21, 1895 in Book 55 at Page 60 and in Book 180 at Page 580. 3. 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 Patents recorded August 15, 1899 in Book 55 at Page 91 and August 15, 1904 in Book 55 at Page 510. 4. Right of way for ditches or canals constructed by the authority of the United States as reserved in United States Patent recorded June 12, 1920 in Book 55 at Page 559. 5. Right of way for ditches or canals constructed by the authority of the United States and reservation of all uranium, thorium and any other material which is or may be determined to be peculiarly essential to the production of fissionable materials, together with the right to enter upon said lands and prospect for, mine and remove the same, as reserved in United States Patent recorded July 26, 1956 in Book 172 at Page 554. 6. Terms, conditions, provisions and obligations as set forth in Water Rights Agreement recorded October 15, 1962 in Book 199 at Page 390. 7. Easement and right of way for trail for pedestrian and equestrian use as set forth in Easement recorded April 10, 1973 in Book 274 at Page 454. a. Right of way for the Salvation Ditch, the Upper. Little Red Butte Spring Ditch and Lower Red Mountain Ditches as shown on Survey of Aspen Survey Engineers, Inc., dated August 11, 2003 as Job No. 24222Y5. 9. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners recorded February 21, 1997 as Reception No. 401960 as Resolution No. 97 -24. 10. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners recorded May 15, 1998 as Reception No. 416913 as Resolution No. 98 -66. I 1IIIII�,S�III,H 1`II �,v�nlll �I, 1�11�1� 8 8/02003 00:03P 0 00n s s 11. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners recorded November 24, 1999 as Reception No. 438009 as Resolution No. 99 -187. 12. Easement and right of way for Trail as set forth in Existing Trail Easement recorded August 4, 2000 as Reception No. 445811. 13. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners recorded November 22, 2000 as Reception No. 449104 as Resolution No. 209 -2000. 14. Those terms, conditions, provisions, obligations, easements, restrictions, assessments and all matters as set forth in Protective Covenants for Stein Lot Spit Subdivision recorded December 28, 2000 as Reception No. 450027, deleting therefrom any restrictions indicating any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin. 15. Terms, conditions, provisions and obligations as set forth in Deed of Conservation Easement recorded December 28, 2000 as Reception No. 450028. 16. Easements, rights of way and all matters as disclosed on Plat of subject property recorded December 28, 2000 in Plat Book 55 at Page 48. NOTE: Relinquishment of Privilege to Utilize Easement was recorded April 9, 2003 as Reception No. 481093. 17. Easement and right of way for an electric transmission or distribution line or system, as granted to Holy Cross Electric Association, Inc., in instrument recorded September 19, 2001 as Reception No. 458806. 18. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners recorded February 1, 2002 as Reception No. 463462 as Resolution No. 01 -146. 19. Easement and right of way for an electric transmission or distribution line or system, as granted to Holy Cross Electric Association, Inc., in instrument recorded October 7, 2002 as Reception No. 473116. 20. All matters shown on the Improvement Survey prepared by Aspen Survey Engineers, Inc. under date of August 11, 2003 (Job No. 24222Y4.DWG). 3123598 - I .DDC Return to: Law Office of Herbert S. Klein 201 No. Mill St, Suite 203 Aspen, Co. 81611 IIINIIIINIHII�IIII�pIIINiI NIIIBINIIIIIIII 48 7752 20933 04:o3P SI LVIA DAM P11KIN COUNTY CO R 10.00 0 370.00 000n07 1111111111111111111111111111111111111111111111111 . 0 0 50 a 8 20 4 11 :46C SPECIAL WARRANTY DEED THIS DEED, dated November f 2004, between Robert J. Hurst, of the County of Manhattan and State of New York, grantor, and Red Butte Partners, LLC, a Colorado limited liability company, whose legal address is c/o Klein, Cot6 & Edwards, P.C., 201 N. Mill Street, Suite 203, Aspen, CO 81611, grantee: WITNESS, that the grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantee, its succcssors and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Pitkin and State of Colorado, described as follows: Lot 1, Stein Lot Split Subdivision, according to the Final Plat thereof recorded December 28, 2000 in Plat Book 55 at Page 48 as Reception No. 450026, RESERVING, HOWEVER, to grantor and its successors and assigns the right to enter upon the area of Lot 1 labeled as dry -up on the recorded Final Plat for the sole purpose of accomplishing the dry-up required by the Decree entered in Case No. 95 -CW -366 on February 25, 1996, but only in the event the State Engineer's Office ever notifies grantor or grantor's successors that the dry-up requirements of the Decree are not being complied with. In such event, grantor will first give grantee notice of the obligation and the opportunity for a period of at least 30 days to perform the required dry-up himself. Any dry-up activities performed by grantor, or any agent or assignee of grantor, will not interfere with other permitted irrigation practices or landscaping on Lot 1 and any disturbance of Lot l outside of the dry-up area will be promptly repaired and restored to the original condition by the person causing the disturbance. This reserved right may be assigned to the Red Butte Ranch Homeowners Association. TOGETHER with all and singular the heredimments and appurtenances thereunto belonging, or in anywise appertaining, the reversion and reversions, remainder and 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, its successors and assigns forever. The grantor, for himself, his heirs and assigns, does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the grantor, except and subject to those matters set forth on Exhibit A attached hereto and made apart hereof by this reference. IN WITNESS WHEREOF, the grantor has executed this deed an the date set forth above. R^9- R O Robert J. Hurst STATE OF N rJ as. County of VQ� The foregoing instrument was acknowledged before me this _3�_ day of November, 2004, by Robert J. Hurst. MA" S CAW" Witness my hand and official seal. bwy rAk Sm of No MMt My commission expires: ( I;la 10 Ma 1!7100{ t 40 ft M IYr Ymt 001mo a FaOtra Jm Y2� No* ' Public 000nss 1111111 lli111111lNll1 Page 04//290411.46f SILVIA DAVIS PITKIN COUNTY CO R 16.02 0 0.0e EXHIBIT A TO SPECIAL. WARRANTY DEED 1. General and special taxes and assessments for the year 2004 and subsequent years. 2. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the aame 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 Patents recorded October 21, 1895 in Book 55 at Page 60 and in Book 180 at Page 580. 3. 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 Patents recorded August 15, 1899 in Book 55 at Page 91 and August 15, 1904 in Book 55 at Page 510. 4. Right of way for ditches or canals constructed by the authority of the United States as reserved in United States Patent recorded June 12, 1920 in Book 55 at Page 559. 5. Right of way for ditches or canals constructed by the authority of the United States and reservation of all uranium, thorium and any other material which is or ray be determined to be peculiarly essential to the production of fissionable materials, together with the right to enter upon said lands and prospect for, mine and remove the same, as reserved in United Slates Patent recorded July 26, 1956 in Book 172 at Page 554. 6. Terms, conditions, provisions and obligations as set forth in Water Rights Agreement recorded October 15, 1962 in Book 199 at Page 390. 7. Easement and right of way for trail for pedestrian and equestrian use as set forth in Easement recorded April 10, 1973 in Book 274 at Page 454. 8. Right of way for the Salvation Ditch, the Upper Little Red Butte Spring Ditch and Lower Red Mountain Ditches as shown on Survey of Aspen Survey Engineers, Inc., dated August 11, 2003 as Job No. 24222Y5. 9. Terms, conditions provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners recorded February 21, 1997 as Reception No. 401960 as Resolution No. 97 -24. 10. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners recorded May 15, 1998 as Reception No. 416913 as Resolution No. 98-66. 11. Terms, Conditions provisions, obligations and all ratters as set forth in Resolution of the Board of County Commissioners recorded November 24, 1999 as Reception No. 438009 as Resolution No. 99.187. 12. Easement and right of way for Trail as set forth in Existing Trail Easement recorded August 4, 2000 as Reception No. 445811. 13. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners recorded November 22, 2000 as Reception No. 449104 as Resolution No. 209 -2000. 14. Those terms, conditions, provisions, obligations, easements, restrictions, assessments and all matters as set forth in Protective Covenants for Stein Lot Split Subdivision recorded December 28, 2000 as Reception No. 450027, deleting therefrom any restrictions indicating any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin. 15. Terrors, conditions, provisions and obligations as set forth in Deed of Conservation Easement recorded December 28, 2000 as Reception No. 450028. 16. Easement and right of way for an electric transmission or distribution line or system, as granted to Holy Cross Electric Association, Inc., in instrument recorded September 19, 2001 as Reception No. 458806. 17. Easements, rights of way and all matters as disclosed on Plat of subject property recorded December 28, 000no 2000 in Plat Book 55 at Page 48. NOTE: Relinquishment of Privilege to Utilize Easement was recorded April 9, 2003 as Reception No. 481093. 18. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners recorded February 1, 2002 as Reception No. 463462 as Resolution No. 01 -146. 19. Easement and right of way for electric transmission or distribution line or system, as granted to Holy Cross Electric Association, Inc., in instrument recorded October 7, 2002 as Reception No. 473116. 20. All matters as shown on the Improvement Survey prepared by Aspen Survey Engineers, Inc. under date of August 11, 2003 (Job No. 24222YS.DWG). 21. Terms, conditions, provisions and obligations as set forth in Ditch Realignment and Alteration Consent Agreement recorded September 9, 2003 as Reception No. 488169. All of the foregoing book, page, and reception number references refer to the real property records of Pitkin County, Colorado. 5 ©3846 IIIIInh�Ipilllu111NN�IINIIt�Nll�laal a:o of t:46r PI R 1 o0OnM CAI' oe III II IIIIII VIII I II II IIIIIII I VIII III III 06302 0 01:42 SILVIA DAVIS PITKIN COUNTY GO R 21.00 D 400.00 SPECIAL WARRANTY DEED THIS DEED, dated January 24, 2005, between RBR 12, LLC, a Colorado limited liability company, grantor, whose legal address is c/o Klein, Cot6 & Edwards, P.C., 201 N. Mill Street, Suite 203, Aspen, CO 81611, and David Solomon and Mary Solomon, whose legal address is /Ys Og"rRA� Rgax we+r Ar_- 'VC grantee: New Yv&t NY ioc,,X3 WITNESS, that the grantor, for and inconsideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantee, its successors and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Pitkin and K) State of Colorado, described as follows: 6" Lot 1, Stein Lot Split Subdivision, according to the Final Plat thereof recorded December 28, J 2000 in Plat Book 55 at Page 48 as Reception No. 450026, RESERVING, HOWEVER, to grantor and its successors and assigns the right to enter upon the area of Lot 1 labeled as dry-up 1- on the recorded Final Plat for the sole purpose of accomplishing the dry-up required by the 1 Decree entered in Case No. 95 -CW -366 on February 25, 1996, but only in the event the State Engineer's Office ever notifies grantor or grantor's successors that the dry-up requirements of the Decree are not being complied with. In such event, grantor will first give grantee notice of the obligation and the opportunity for a period of at least 30 days to perform the required dry-up himself. Any dry-up activities performed by grantor, or any agent or assignee of grantor, will not interfere with other permitted irrigation practices or landscaping on Lot I and any disturbance of Lot 1 outside of the dry-up area will be promptly repaired and restored to the original condition by the person causing the disturbance. This reserved right may be assigned to the Red Butte Ranch Homeowners Association. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, the reversion and reversions, remainder and 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, its successors and assigns forever. The grantor, for itself, its successors and assigns, does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the grantor, except and subject to those matters set forth on Exhibit A attached hereto and made a part hereof by this reference. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. (Signature Block on Following Page) The person authorized to receive this document is RICK KNEZEVICH OATES. KNEZEVICH 8 GARDENSWARTZ 533 E. HOPKINS ASPEN, CO 81611 506302 TRANSFER DECLARATION RECEIVED 01/25/2005 non71 (Signature Block for Special Warranty Deed, Lot 1, Stein Lot Split Subdivision) RBR 12, LLC, a Colorado limited liability company By: Red Butte Partners, LLC a Colorado limited liability company, its Sofe Member .0 . , , The foregoing instrument was acknowledged before me this day of January, 2005, by Soledad DeLeon Hurst, Manager of Red Butte Partners, LLC, a Colorado limited liability company, the Sole Member of RBR 12, LLC, a Colorado limited liability company. STATE OF N Pk1J �Oc lC ) COUNTY OF ) Witness my hand and official seal. My commission expires: Notary ?OkkC, Stat o1 Na York Notary N blic No. 4977009 0oafdied in New York Commission Expires Jan 22.20 111PI111111111111111111llllll11111111 �11 l lll11 1111 06D 0 0.00:x2 U00n72 SILVIA COUNTY IIII IIIl00 06300 .ea 42 EXHIBIT A TO SPECIAL WARRANTY DEED l . General and special taxes and assessments for the year 2005 and subsequent years. 2. 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 Patents recorded October 21, 1895 in Book 55 at Page 60 and in Book 180 at Page 580. 3. 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 Patents recorded August 15, 1899 in Book 55 at Page 91 and August 15, 1904 in Book 55 at Page 510. 4. Right of way for ditches or canals constructed by the authority of the United States as reserved in United States Patent recorded June 12, 1920 in Book 55 at Page 559. 5. Right of way for ditches or canals constructed by the authority of the United States and reservation of all uranium, thorium and any other material which is or may be determined to be peculiarly essential to the production of fissionable materials, together with the right to enter upon said lands and prospect for, mine and remove the same, as reserved in United States Patent recorded July 26, 1956 in Book 172 at Page 554. 6. Terms, conditions, provisions and obligations as set forth in Water Rights Agreement recorded October 15, 1962 in Book 199 at Page 390. 7. Easement and right of way for trail for pedestrian and equestrian use as set forth in Easement recorded April 10, 1973 in Book 274 at Page 454. 8. Right of way for the Salvation Ditch, the Upper Little Red Butte Spring Ditch and Lower Red Mountain Ditches, and all other matters, as shown on Survey of Aspen Survey Engineers, Inc., dated December 2004 as Job No. 24222Y5. 9. Terms, conditions provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners recorded February 21, 1997 as Reception No. 401960 as Resolution No. 97 -24. 10. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners recorded May 15, 1998 as Reception No. 416913 as Resolution No. 98.66. 11. Terms, conditions provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners recorded November 24, 1999 as Reception No. 438009 as Resolution No. 99 -187. 12. Easement and right of way for Trail as set forth in Existing Trail Easement recorded August 4, 2000 as Reception No. 445811. 13. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners recorded November 22, 2000 as Reception No. 449104 as Resolution No. 209 -2000. 14. Those terms, conditions, provisions, obligations, easements, restrictions, assessments and all matters as set forth in Protective Covenants for Stein Lot Split Subdivision recorded December Uo0n73 IIIIIIIIII IIIIII III III III IIIVIII II IIIIIIII 506302 e1:42 Page: 4 of SILVIP DAVIS PITKIN COUNTY CO R 21.00 D 400.00 28, 2000 as Reception No. 450027, deleting therefrom any restrictions indicating any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin. 15. Terms, conditions, provisions and obligations as set forth in Deed of Conservation Easement recorded December 28, 2000 as Reception No. 450028. 16. Easement and right of way for an electric transmission or distribution line or system, as granted to Holy Cross Electric Association, Inc., in instrument recorded September 19, 2001 as Reception No,458806. 17. Easements, rights of way and all matters as disclosed on Plat of subject property recorded December 28, 2000 in Plat Book 55 at Page 48. NOTE: Relinquishment of Privilege to Utilize Easement was recorded April 9, 2003 as Reception No. 481093. 18. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners recorded February 1, 2002 as Reception No. 463462 as Resolution No. 01 -146. 19. Easement and right of way for electric transmission or distribution line or system, as granted to Holy Cross Electric Association, Inc., in instrument recorded October 7, 2002 as Reception No. 473116. 20. Reservations as contained in Deed recorded August 29, 2003 as Reception No. 487752, 487753, November 4, 2004 as Reception No. 503846 and 503849. 21. Terms, conditions, provisions and obligations as set forth in Ditch Realignment and Alteration Consent Agreement recorded September 9, 2003 as Reception No. 488169. 22. Terms, conditions, provisions and obligations as set forth in Stock Assignment recorded November 2, 2004 as Reception No. 503756, November 4, 2004 as Reception No. 503848 and as Reception No. 503 85 1. 23. Terms, conditions, provisions and obligations as set forth in Covenant Regarding Building Envelope Realignment recorded November 2, 2004 as Reception No. 503776. 24. Terms, conditions, provisions and obligations as set forth in Agreement Regarding Driveway recorded November 2, 2004 as Reception No. 503780. 25. Terms, conditions, provisions and obligations as set forth in Ditch Realignment & Alteration Consent Agreement recorded November 2, 2004 as Reception No. 503781. All of the foregoing book, page, and reception number references refer to the real property records of Pitkin County, Colorado u3On74 I I�III II� �INI IIIIII I�� III III�I III �01IIII �II 69/09/2003 03:36P SILVIA DAVIS PITKIN COUNTY CO R 16.00 D 0.00 DITCH REALIGNMENT AND ALTERATION CONSENT AGREEMENT This Agreement is dated this 29 day of ar. , 2003, by and between The Marjorie B. Stein L.L.L.P., A Colorado Limited Li ility Limited Partnership, as to an undivided 62,92% interest, and James Daggs, Special Trustee of Trust B u/w /o Henry L. Stein, Deceased, as to an undivided 37.06% interest (collectively referred to herein as "Stein ") and Robert J. Hurst (referred to herein as "Hurst "). WITNESSETH: WHEREAS, Stein and Hurst are owners of the Little Red Butte Spring Ditch structure, and certain water rights decree thereto, located in Pitkin County and taking its supply of water from Slaughterhouse Gulch, a tributary of the Roaring Fork River; WHEREAS, Hurst and/or his successors wish to construct improvements, including culverting, piping, relocating and other modifications ( "Improvements') within the easement and structure for the Little Red Butte Spring Ditch, including possible consolidation of the upper and lower laterals into a single ditch and relocating this of the Stein Lot Split Subdivision; ditch outside the building envelope of Lot 1 WHEREAS, Stein wishes to protect their property interest in the Little Red Butte Spring Ditch easement, structure and water rights delivered thereby from any harm that may be caused by said Improvements within the ditch easement. NOW THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, and the mutual promises and covenants contained herein, the parties agree as follows: Hurst and/or his successors may realign, alter, improve, culvert and/or pipe portions of the Little Red Butte Spring Ditch where it traverses Hurst's Stein Lot Split Subdivision Lots I and 2, (the "Property") provided that any such realignment, improvement, culverting or piping is accomplished so that the delivery of water through the Little Red Butte Spring Ditch into the culvert under McLain Flats Road which serves as the interconnect with the down- gradient Stein property is not changed and the Improvements do not result in a diminishment in the quantity, rate of flow, or quality of water historically delivered to said culvert through the Little Red Butte Spring Ditch. 2. Hurst shall bear all expenses associated with realigning, altering or modifying the Little Red Butte Spring Ditch including the cost of installing pipe and culverts and improving culvert crossings. 3. Hurst, while he is an owner of all or a portion of the Property, and his successors in interest in the Property, expressly agree to indemnify and hold harmless Stein from liability due to improper construction, use, maintenance or repair of the proposed improvements within the Little Red Butte Spring Ditch easement. UOOn75 IIII N 'II I % I ' N '�u I N I 488169 'I I DA VIS I T�I' II�II III I CI�I III „III (ICI 15 . 00 naa9/20ee Jap 4. In the event one or more of the parties deem it necessary to take legal action to enforce or defend any part of this agreement such parties shall be entitled to recover their attorneys fees in the event they are successful in prosecuting or defending such action. This agreement does not alter the legal rights and liabilities incumbent on any of the parties under applicable statutes and case law concerning malfunction or failure of the ditches. 5. This Agreement shall inure to the benefit of and be binding upon the heirs, executors, administrators, successors, and assigns of the parties hereto. The obligations hereunder shall be binding upon the owners of the Property as they are in title in the Property from time to time and no owner shall remain liable hereunder for events or circumstances which arise subsequent to said owner's transfer of all of its interest in the Property. This agreement shall be deemed a covenant running with the land benefited and burdened hereby. 6. This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements, offers, acceptances and understanding of the parties with respect to the subject matter hereof. All prior and contemporaneous conversations, negotiations, possible alleged agreements, representations, covenants and warranties concerning the subject matter hereof are merged herein. 7. Following execution of the Agreement by the parties hereto, either party may cause this agreement or a memorandum thereof to be recorded in the County Clerk and Recorder's office of any applicable county and in any applicable government office. WHEREFORE, the parties indicate their acceptance of the terms and conditions of this Agreement by affixing their respective signatures hereto. TRUST B U/W /O HENRY L. STEIN B Z ames K. Daggs, Specta 1Crustee ROBERT J. HURST THE MARJORIE B. STEIN L.L.L.P. By: �s P�.� Mary - S . D6minick, General Partner BY: �v IIPt l Ira �1 n {t t� ZkZ Puxi 1, f.l lr✓J t �7 �t fc k- �!` Robert J. Hurst 2 OOQn?6 lul NIN1NNNiNIININ1NIINN 488 369 3 SSLVIP Dr1Vfa PI COUNTY CO 09/09/2003 03:30P STATE OF COLORADO ) R ta.09 0 0.00 J ss. COUNTY OF QjMy ) The foregoing instrument was acknowledged before me this 2�-- day of �•,� ; 2003, by James K. Daggs as Special Trustee of Trust B u/w /o Henry L. Stein. lam' Witness my hand and official seal. r • •' A V ••.bC'. . C- O A :4 Notary Public v\ y • C q �• ti My commission expires: �( ) -14 Oy / Y at P STATE OF COLORADO / ss. COUNTY OF ) The foregoing instrument was acknowledged before me this A&kLday of by Mary S. Dominick, General Partner of The Marjorie B• Stein L.L.L.P. Witness my hand and official seal_ C o n NO PU IC • , •• °�P / OZ M 'O'f, a My commission expires: to E( STATE OF ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me thiso:9 day of t f , 2003, by Robert]. Hurst. /lick{ f Lv j<�, j ,rn M u r ft t 4/ ez� vh a1 r r, �cl Joy S, Hken%Wagg p My W=h OM eegttres 42?MI Shta d colomdo My commission expires: Witness my hand and official seal. Notary r' �r.r ` MCt W: W urat Roben \702 A\Documoots\Dilch mlignmcnt and'Itemtim caoscnl agreemeal.dw u00n77 Jul -16 -OS 06:OSA David and Mary Solomon P_OZ PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREF,MENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter COUNTY) and DAVID AND MARY SOLOMON (hereinafter APPLICANT) .AGRFF AS FOLLOWS: APPLICANT has submitted to COUNTY an application for LOTS l /\NP : , S TEIN_ LOT svr• •r (hereinafter, THE PRO.II:C J ). 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 022 -2006 establishes a fee structure fix land use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. The f'ee structure is based on the County's policy that development shall pay, in full, the cost of development review in Pitkin 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. 1 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 ILII 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. COIIN'I Y and APPLIC'AN'T 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 I'ee in the amount of $ 148 which is based on rr hours of staff lime, 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 oh the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension ol'processing. PITKIN COUNTY A1'I'LICANT Cindyllouben Community Development Director ma's C- So /od,_g^ Print Signature Date: 71;__P_ Mailing Addrevs: c 00.23 Effective 7/26/06 V eounry\nAinn \fnms \ngm.... [n pdy oo0n79 1C�JtSc� �IZ�'t'6� PITKIN COUNTY PRE - APPLICATION CONFERENCE SUMMARY PLANNER: Suzanne Wolff DATE: 3/20/08 PHONE: (970) 920 -5093 E -MAIL: suzannew(a?co.pitkin.co.us LOCATION: Lots 1 and 2, Stein Lot Split PARCEL ID #: 264335403001 & 264335403002 ZONE: AR -10 OWNER /APPLICANT: David & Mary Solomon REPRESENTATIVE: Ann Marie McPhee EMAIL: amm @okglaw.com Type of Application: Minor Amendment to Development Permit Description of Project/Development: The Applicant proposes to amend the lot split approvals to increase the floor area on Lot 1 by approximately 1,500 square feet and to reduce the floor area on Lot 2. The floor area on each lot is currently limited to 8,500 square feet; in addition, TDRs can be used for up to 4,000 square feet of subgrade space on each lot. In addition, the Applicant proposes to amend the building envelope to accommodate a garage. Land Use Code Sections to address in letter of request/application: • 2- 20- 150.b, Minor Amendment to Development Permit Review by: Community Development Director Public Hearing? NO. FEES: $773 (make check payable to " Pitkin County Treasurer ") $748 Planning flat fee (non - refundable; based on 3 hours of staff time; if staff review time exceeds 3.6 hours, the Applicant will be charged for additional time in excess of 3 hours at a rate of $249 /hour) $25 Clerk Technology Fee To apply, submit 1 copy of the following information, unless noted otherwise: 1. Letter of request summarizing prior approvals and addressing (in detail) each of the provisions of the Pitkin County Land Use Code identified above and sufficient to demonstrate that all substantive review criteria have been met; 2. Revised site plan 3. Consent from the owner of the property for the representative to process the application and represent the owner; 4. Disclosure and proof of ownership of the property, consisting of a current certificate from a title insurance company or attorney licensed to practice law in the State of Colorado, listing the names of all owners of the property and all mortgagees, judgments, liens, easements, contracts and agreements affecting use and development of the parcel and proof of the owner's right to use the land for the purposes identified in the development application. 5. Street address (if any) and parcel description, including legal description, and 8 -1 /2 "x 11 "vicinity map locating the subject property within Pitkin County; 6. Executed Pitkin County Community Development Agreement for Payment of Land Use Application Fees (form attached); 7. This Pre - Application Conference Summary Sheet. U ann Lots 1 and 2, Stein Lot Split Minor Development Application Amendment July 2008 Page 1 of 3 LAND USE CRITERIA: SECTION 2- 20- 150(b) Minor Amendments Defined A minor amendment to any development application or permit is one that meets the following criteria, as determined by the Community Development Director. 1. Is consistent with action(s) taken during previous development approvals for the property,• and In 1997, the prior owner sought and gained approval to create two single family lots, a conservation parcel and Caretaker Dwelling Units (CDU) on each lot on what at the time was referred to as "Red Butte Ranch Parcel 1." Currently, the two lots are referred to as Lots 1 and 2, Stein Lot Split. As part of the development approval in 1997, the applicant limited the floor area to 8,500 square feet on each lot (more was permitted at the time), reduced the density, conveyed a conservation parcel to the County and granted a conservation easement to lands above the Salvation Ditch. The prior owner was granted an extension of vested rights in 1999 until 2011 and was granted approval in 2000 to transfer TDRs on to the lots to be applied to up to 4,000 square feet of below grade space following County land use code changes eliminating the below grade floor area exemption. As it currently stands, 8,500 square feet is permitted on each lot, subject to the code in effect at the time of building permit, and TDRs can be used for up to 4,000 square feet of below grade space. A residence is currently under construction on Lot 1 and Lot 2 is vacant. The applicant is not asking for an increase in floor area but rather an amendment which would allow a transfer of 1,500 square feet of floor area from Lot 2 to Lot 1 at the owner's option. Currently, the applicant does not plan on transferring the floor area but would like the option to do so in the future. Although this will increase the size of one of the residences, the overall floor area and density on the property will remain the same. The applicant is required to comply with the dimensional requirements in effect at the time of building permit submittal so height and setback /building envelope requirements must met as well. The proposed amendment is consistent with the actions taken during the previous development approvals for this property. This criterion has been met. 2. Does not change the use for the proposed development between residential, commercial and tourist accommodations uses; and There is not proposed change in use. This criterion has been met. 3. Does not change the basic character of the approved use of land on which the activity occurs, including basic visual appearance and method of operation; and This amendment will not change the basic character of the approved use on the land on which the activity occurs including the basic visual appearance and method of operation. Applying the :1)n L; ,Jn�1 Lots 1 and 2, Stein Lot Split Minor Development Application Amendment July 2008 Page 2 of 3 floor area to one parcel or the other will change the visual appearance of one of the parcels but not enough to affect the overall visual appearance substantially. Additionally, as both residences are required to meet height and building envelope requirements this will further ensure the basic visual appearance will not change. This criterion has been met. 4. Does not constitute a new land development activity; and Development rights have been granted for both Lots 1 and 2, Stein Lot Split. A potential shift in 1500 square feet of floor area will not constitute a new land development activity. This criterion has been met. 5. Does not increase off -site impacts in the surrounding neighborhood; and The overall floor area of the two lots will not change; therefore the off -site impacts in the surrounding neighborhood will not increase. This criterion has been met. 6. Does not endanger public health, safety or welfare; and This amendment will not endanger public health, safety or welfare. This criterion has been met. 7. Does not violate any Land Use Code standard, and Although the overall allowable floor area is more than allowed currently under the code, at the time of approval in 1997, the applicants agreed to floor area less than what the code allowed. This approval is vested until April 22, 2011. Therefore, the proposed amendment does not violate any Land Use Code standard. This criterion has been met. 8. Does not substantially increase the need for on -site parking or utilities, or affect affordable housing generation; and As stated above, this amendment does not increase the overall allowable floor area for Lots 1 and 2, Stein Lot Split but will simply allow the applicant to choose where to place 1500 square feet of floor area —on Lot 1 to increase the size of the dwelling unit and reduce the size of the allowable floor area on Lot 2 or keep the allowable floor area of each lot of equal size at 8,500 square feet of floor area. This amendment will not substantially increase the need for on -site parking or utilities nor will it affect affordable housing generation. This criterion has been met. 9. Does not increase the floor area of the use by more than five (5) percent or decrease the open space on the site by more than five (5) percent. There is no proposed increase in floor area of the overall project, which is approved for residential use. With this amendment open space on the site will not be impacted. If the applicant chooses in the future to amend one of the building envelopes to accommodate the 000n82 Lots 1 and 2, Stein Lot Split Minor Development Application Amendment July 2008 Page 3 of 3 additional floor area the applicant will address any open space issues at that time. This criterion has been met. OOOn33 July 28, 2008 Suzanne Wolff, Senior Planner Pitkin County Community Development 1:0 S. Galena Street Aspen, CO 81611 Re: Lots I and 2, Stein Lot Split Minor Land Use Amendment Dear Suzanne: Enclosed please find an application for a minor amendment for 3800 McClain Flats Road, Lots I and 2, Stein Lot Split. The applicant is requesting a minor amendment to allow a transfer of 1500 square feet of floor area from Lot 2 to Lot 1. The applicant is seeking approval to have the option to transfer the floor area in the f amore with a requirement that if the floor area is transferred a covenant must be recorded so that the transfer is memorialized in the public records. A summary of the prior land use approvals for the lots is included with the applicant's responses to the Minor Amendment Criteria, Section 2- 20- 150(b) under a separate attachment. Also enclosed is a letter from the owner of Lots 1 and 2. Stein Lot Split authorizing Oates, Knezevich, Gardenswartz and Kelly. P.C., to represent them in this matter, a signed fee agreement from the applicant, disclosure and proof of ownership, a vicinity map and the pre - application conference summary sheet. A site plan has not been included as the applicant is unsure on which lot the floor area will be used. Please feel free to contact me or Sarah Oates. our Summer Associate, should you have any questions or require any additional information. Very Truly Yours, OATES, KNEZEVICH, GARDENSWARTZ & KELLY, P.C. A. Knezevich 000n84 ooaS , c? LAW'E"CES OF OATES, KNEZEVICH, GARDENSWARTZ SG KELLY, P.C. PROFESSIONAL OORPORATION THIRD FLOOR ASPEN PLAZA BUILDING 533 E HOPKINS AVENUE ASPEN COLORADO 81611 LEONARD M OATES TELE -I {ONE )3: Cf 92C 1700 RICHARH A KNEZEVICH FACSIMILE 1970) 920 -1121 TEDC GAPDENSNARTZ DAVID B KELLY MARIA MORRO:V Or COUNSEL :ax�,�okolaw com !011NT KELLY STEPHEN CONNOR A'INE. MARIE MCPHEE `;A',, FEINBERG July 28, 2008 Suzanne Wolff, Senior Planner Pitkin County Community Development 1:0 S. Galena Street Aspen, CO 81611 Re: Lots I and 2, Stein Lot Split Minor Land Use Amendment Dear Suzanne: Enclosed please find an application for a minor amendment for 3800 McClain Flats Road, Lots I and 2, Stein Lot Split. The applicant is requesting a minor amendment to allow a transfer of 1500 square feet of floor area from Lot 2 to Lot 1. The applicant is seeking approval to have the option to transfer the floor area in the f amore with a requirement that if the floor area is transferred a covenant must be recorded so that the transfer is memorialized in the public records. A summary of the prior land use approvals for the lots is included with the applicant's responses to the Minor Amendment Criteria, Section 2- 20- 150(b) under a separate attachment. Also enclosed is a letter from the owner of Lots 1 and 2. Stein Lot Split authorizing Oates, Knezevich, Gardenswartz and Kelly. P.C., to represent them in this matter, a signed fee agreement from the applicant, disclosure and proof of ownership, a vicinity map and the pre - application conference summary sheet. A site plan has not been included as the applicant is unsure on which lot the floor area will be used. Please feel free to contact me or Sarah Oates. our Summer Associate, should you have any questions or require any additional information. Very Truly Yours, OATES, KNEZEVICH, GARDENSWARTZ & KELLY, P.C. A. Knezevich 000n84 Jul -15 -08 06:OSA David and Mary Solomon July 9, 2008 Ms. Suzanne Wolff, Senior Planner Pitkin County Community Development Department 130 S. Galena Street Aspen, CO 81611 Re: Lots 1 and 2, Stein Lot Split— Request for Minor Amendment to Development Permit Dear Ms. Wolff: The purpose of this letter is to authorize the law firm of Oates, Knezevich, Gardenswortz & Kelly, P.C. to represent us in the matter of a minor amendment to the development permit for Lots 1 and 2 of the Stein Lot Split and any related land use matters. Thank you for your cooperation in this matter. Please let me know if you need anything further. Very t I yours, By: Mary olomon P_03 uoon85 PITKIN C; COMMUNITY DEVELC,,, Permit Receipt RECEIPT NUMBER 00026436 Name: Oates, Knezevich, Gardenswartz Date:8 /1/2008 Project Address: NO ADDRESS ASSIGNED Type: check # 12414 Permit Number Fee Description 0097.2008. PLAN 0097.2008. PLAN PP- Flat Fee PP- Clerk Tech Fee Total: Amount 748.00 25.00 773.00 000086