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HomeMy WebLinkAboutpitkin.planning.246736102001 (2)DOCUMENT LAYOUT THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION LISTED BELOW IN THE FOLLOWING ORDER Summary Sheet Resolution for the BOCC and/or P &Z Ordinance for the BOCC and /or P &Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat copies (11x1') Application Date: 3/28/13 Case No: P033 -13 Parcel ID: 246T--3-6-1-02-001 Planner: Suzanne Wolff Description: CR Properties LTD Site Plan Review # Copies: 1 Allocated Hours: 5 % Over Hours: 6 Project Address: 2557 LOWER RIVER RD, SNOWMASS, C081654 Property owner: CR PROPERTIES, LTD Address: MC AL ENEVX W pR Owner Phone: Owner's REP: DUSTIN MILLER Address: PO BOX 6437 REP's Phone: (970) 923 -0300 SNOWMASS VILLAGE, CO 81615 REP's Email: premierpm @comcast.net Referrals: ALL OTHER REFERRALS Comments Due Date: 05/20/2013 Meetings: 1st Meeting: Meeting Date Review Body. admin Public Hearing? yes Notice Date' 04/18/2013 Meeting Notes: Approvals: BOCC Resolution #. BOCC Ordinance #: Admin Determination #: Other information: VRApproval Date: 07/02/2013 VR Expires Date: 07/02/2016 Remarks. Application Type: Site Plan Other Referrals: Woody Creek Caucus 4/19/13 2nd Meeting: 06/18/2013 ho 3rd Meeting: 07/16/2013 ho P &Z Determination #: HO Determination #: 005 - 2013 #604456 Plat Recorded Date 10/31/2013 Plat (Bk, PG): B104 P97 #605257 Parcel ID: 2467- 36 -1 -02 -001 Description: CR Properties LTD Site Plan Review Application Date: 3/28/13 Case No: P033 -13 Planner: Suzanne Wolff # Copies: 1 Allocated Hours 5 % Over Hours: 6 Project Address: 2557 LOWER RIVER RD, SNOWMASS, C081654 Property Owner: CR PROPERTIES, LTD Address: MC ALLENLAKEVIEW 78501 Owner Phone: REP's Phone: (970) 923 -0300 Owners REP: DUSTIN MILLER Address. SNOWMASS VILLAGE, CO 81615 REP's Email: premierpm @comcast.net Referrals: ALL OTHER REFERRALS Comments Due Date: 05/20/2013 Meetings: 1st Meeting: Meeting Date: Review Body: admin Public Hearing? yes Notice Date: 04/18/2013 Meeting Notes: Approvals: BOCC Resolution #: BOCC Ordinance #. Admin Determination #: Other Information: VR Approval Date: 07/02/2013 VR Expires Date: 07/02/2016 Remarks: Application Type: Site Plan Other Referrals: Woody Creek Caucus 4119/13 2nd Meeting: 06/18/2013 ho 3rd Meeting: 07/16/2013 ho P &Z Determination #: HO Determination #: 005 - 2013 #604456 Plat Recorded Date: 10131/2013 Plat (Bk, PG): 8104 P97 #605257 RECEPTION #: 604456,10103/2013 at 11:55:31 AM, 1 OF 3, R $0.00 Doc Code DETERMINATION Janice K. Vos Caudill, Pitkin County, CO DETERMINATION OF THE HEARING OFFICER OF THE COMMUNITY DEVELOPMENT DEPARTMENT OF PITKIN COUNTY, COLORADO, APPROVING THE CR PROPERTIES LTD. SITE PLAN REVIEW FOR LANDSCAPING Determination No. _157-2013 RECITALS I . CR Properties Ltd. ( "Applicant') has applied to the Pitkin County Community Development Director ( "Director ") to establish an activity envelope and obtain Site Plan review approval for tree planting (spruce, cottonwood and aspen) along the southeast and southwest (Lower River Road) property lines to provide screening of the road and the adjacent property. Some of the proposed trees have already been planted, and the Site Plan incorporates those and additional trees. 2. Neighbor Dan Soderberg submitted an objection to the application related to the location of the trees and the impact on the view from his property. Therefore, the application was continued to a public hearing before the Hearing Officer, pursuant to Sec. 2- 20- 170(a)(4)(c) of the Land Use Code ( "Code'). 3. The property is located at 2557 Lower River Road, and is legally described as Lot 1, Murray Low Impact Subdivision. 4. The lot contains 19 acres and is a conforming size lot in the AR -10 zone district. The BOCC approved the Murray Low Impact Subdivision, pursuant to Resolution Nos. 90 -173 and 91- 74; the Final Plat was recorded in Plat Book 27 at Page 75. The BOCC approved a Major Plat Amendment, pursuant to Resolution No. 99 -54; the amended plat was recorded in Plat Book 52 at Page 49. The Community Development Director approved a minor amendment to realign the driveway and alter the landscape plan, pursuant to Administrative Decision No. 46 -2000; the amended plat was recorded in Plat Book 59 at Page 53. The Hearing Officer granted Special Review and GMQS Exemption approval to utilize a TDR to legalize 1,373.75 square feet of existing previously exempt floor area that was converted to full height habitable space, pursuant to Determination No. 4 -2010. 6. The lot is developed with a single family residence; the Certificate of Occupancy was issued in 2007. 7. The Hearing Officer considered the application at a continued public hearing on July 16, 2013. 8. Except as noted in Subparagraph C, The Hearing Officer finds that the request complies with the applicable provisions of the Land Use Code ( "Code "), as follows: A. The lot is within the mapped Scenic View Protection Area as seen from Lower River Road. The open meadow on the property remains visible from the road through spaces between the trees. Existing trees and shrubs already screen the view of the meadow. The location of the trees along the ditch is consistent with the natural pattern of tree growth along a ditch. Therefore, the proposed landscaping complies with Sec. 7 -20 -120 of the Code, as it is compatible with the rural atmosphere as seen from the public road. B. The proposed landscaping complies with the applicable provisions of Sec. 7 -20 -130 of the Code, Landscaping and Vegetation Protection, as follows: Determination No. _G�-2013 Page 2 1) Spruce, aspen and cottonwood trees will be planted; these species occur naturally along Lower River Road, and have also been planted on neighboring properties. 2) Existing trees and shrubs and the road itself already define the western boundary of the property, and the existing trees and shrubs already screen the view of the meadow from the road. The additional trees will not eliminate views into the property from the road. Trees are proposed to be planted along the southern property line, but not along the entire boundary. 3) The landscaping does not interfere with the ability of drivers to see nearby traffic at the intersection of the nearby driveways with Lower River Road. 4) The plantings avoid the gas and electric easements that run parallel to Lower River Road. 5) The trees along the western property line are appropriately clustered with separations between the clusters, so as not to create a solid "wall" of plantings. C. The trees along the southern property line are sited in more regularly spaced rows, which is not consistent with the Code. These trees shall be re- planted in irregular clusters with spaces between the clusters and with aspen and cottonwood trees included within the clusters. THE HEARING OFFICER DOES HEREBY APPROVE the CR Properties Ltd. Site Plan Review, subject to the following conditions, which shall run with the land and be binding on all successors in interest: 1. The conditions of all prior approvals shall remain in full force and effect. 2. The Applicant shall adhere to all material representations made in the application and shall consider those representations to be conditions of approval, unless amended by other conditions. 3. Prior to submission of any future building permit applications, the Applicant shall be required to submit for approval by the County Attorney and Community Development a Site Plan with an Activity Envelope in accordance with Land Use Code Section 2- 30 -20(g) and Application Manual Section 2.1.12. The above referenced approvals shall be a condition precedent to finalization and recordation of them. The Site Plan shall be amended as follows, prior to recordation: A. The two rows of trees previously planted along the southern property line shall be re- planted in clusters, with additional tree species (aspen or cottonwood) interspersed to provide more natural groupings. 4. The Applicant shall obtain a County Earthmoving Permit to complete the landscaping. 5. The Applicant has represented that a separation of at least 150 feet will be maintained adjacent to the Soderberg residence between the trees planted along the southern property line in order to maintain an open view of the meadow and down the valley from the residence. 6. No development shall occur outside of the approved activity envelopes. Determination No. 6 -3013 Page 3 7. Failure to comply with the conditions of this approval may result in revocation of this approval, or any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this property. 8. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, § 2 -20 -170 and C.R.S., § 24 -68 -105. The statutory vested rights granted herein shall expire on uU /Zp , 0016. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 18'h day of April, 2013. APPROVED AND ADOPTED this %(yd ay of July, 2013. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weekly on the _S_ day of 2013. ATTEST: Bonnie Waechtler. Administrative Assistant APPROVED AS TO FORM: COMMUNITY DEVELOPMENT DEPARTMENT EARING OFFICER OF PPIITKKf UNT COLORADO By Josel _/ rda III , Hearing Dat l APPROVED AS TO CONTENT: John EI m ouben, C Atto Community Development Director P033 -13 PID#246736102001 MEMORANDUM TO: Pitkin County Hearing Officer FROM: Suzanne Wolff, Senior Planner RE: CR Properties Ltd. Site Plan Review DATE: June 4, 2013 SUMMARY: The Applicant is requesting to establish an activity envelope and obtain Site Plan review approval for tree planting (spruce, cottonwood and aspen) along the southeast and southwest (Lower River Road) property lines to provide screening of the road and the adjacent property. Some of the proposed trees have already been planted, and the Site Plan incorporates those and additional trees. The application has been forwarded to the Hearing Officer for consideration, based on an objection submitted by neighbor Dan Soderberg (email attached). Mr. Soderberg is concerned with the location of the trees and the impact on the view from his property. Sec. 2- 20- 170(a)(4)(c) of the Code specifies that the Community Development Department shall continue an application to a public hearing before the Hearing Officer, if any objections are received. The Hearing Officer conducted a site visit on May 30, 2013. APPLICANT: CR Properties Ltd. REPRESENTATIVES: Dustin Miller, Jesse Allen & David Reeves LOCATION: 2557 Lower River road; Lot 1, Murray Low Impact Subdivision ZONING/LOT SIZE: The lot contains 19 acres and is a conforming size lot in the AR -10 zone district. BACKGROUND: The BOCC approved the Murray Low Impact Subdivision, pursuant to Resolution Nos. 90- 173 and 91 -74; the Final Plat was recorded in Plat Book 27 at Page 75. The BOCC approved a Major Plat Amendment, pursuant to Resolution No. 99 -54; the amended plat was recorded in Plat Book 52 at Page 49, The Community Development Director approved a minor amendment to realign the driveway and alter the landscape plan, pursuant to Administrative Decision No. 46 -2000; the amended plat was recorded in Plat Book 59 at Page 53, The Hearing Officer granted Special Review and GMQS Exemption approval to utilize a TDR to legalize 1,373.75 square feet of existing previously exempt floor area that was converted to full height habitable space, pursuant to Detennination No. 4 -2010. The lot is developed with a single family residence; the Certificate of Occupancy was issued in 2007. REFERRAL AGENCIES: Comments from the Woody Creek Caucus are attached. STAFF COMMENTS: SITE PLAN REVIEW_(7- 10-50 ): Site Plan approval must comply with the applicable provisions and policies of Chapter 7 of the Code. The proposed landscaping is not within any of the previously approved Activity Envelopes, so new envelopes are proposed. SITE PREPARATION AND GRADING (LUC Sec. 7- 20 -10): No grading, fill placement, clearing, grubbing or vegetation removal is proposed within the proposed activity envelopes. The only activity within the envelopes will be planting of trees. STEEP AND POTENTIALLY UNSTABLE SLOPES (LUC See. 7- 20 -20): The activity envelopes contain slopes of less than 15 %. WATER COURSES AND DRAINAGE (LUC Sec. 7- 20 -30): The Last Chance and Cerise ditches traverse the property. The Last Chance ditch runs along the east side of Lower River Road. Trees are proposed to be planted along both sides of the ditch, but will not interfere with the ditch. SCENIC VIEW PROTECTION REVIEW (LUC See. 7 -20 -120): The property is within the Lower River Road scenic view protection area ( "SVPA "). See. 7 -20 -120 states, "In general, the standards of this Sec. 7 -20 -120 are designed to minimize the visual impact of new development (including expansions to existing structures) when viewed from designated road corridors, as well as to preserve the rural character of all Rural Areas of the county." One of the intent statements of the Section is "To insure that new development is designed and located to complement the natural landscape and the natural features within the public viewplane in order to achieve an aesthetically pleasing, rural atmosphere." The specific criteria in Sec. 7- 20- 120(d) are primarily intended to address the visual impact of structures as seen from the public right-of-way, and are not particularly applicable to landscaping. Therefore, the primary standard applicable to the proposed landscaping is whether it is compatible with the rural character of the area as seen from the public road. The open meadow on the property remains visible from the road through spaces between the trees. Existing trees and shrubs already screen the view of the meadow. The location of the trees. along the ditch is consistent with the natural pattern of tree growth along a ditch. It is staff's opinion that the proposed landscaping is compatible with the rural atmosphere as seen from the public road. Sec. 7- 20- 120(e) of the Code establishes Rural Character Guidelines for building location. This application does not propose any buildings, therefore, this section is not applicable. LANDSCAPING AND VEGETATION PROTECTION (LUC Sec. 7 -20 -130): This Section of the Code states, "These regulations are intended to preserve existing vegetation on development sites to the maximum extent consistent With the permitted development, and to ensure that specific types of man made improvements are screened from view in order to preserve the rural character of the County, and to prevent the use of landscaping in ways that would compromise the rural character of the County." Applicable sections of this provision are addressed below. Subsec. (b)(I), Preservation of Rural Character: In order to protect the rural character of Pitkin County, natural vegetation should be preserved to the maximum extent practicable, and any installed landscaping shall use the species plant materials naturally occurring on the site or on neighboring properties (except for flower gardens). Response: The Applicant proposes to plant spruce, aspen and cottonwood. There are many cottonwood trees naturally occurring along Lower River Road, and neighboring properties have also planted spruce and aspen trees on their properties. Subsec. (b)(4), Landscape Enclosures: Landscaping shall not be used to (nark or enclose the boundary of a parcel, or to privatize an otherwise public viewplane. Use of indigenous shrubs or trees to enclose a portion of the property immediately surrounding a dwelling, barn, andlor accessory buildings (as opposed to the entire property or a large area of the property) are permitted if made to resemble similar windbreaks located near older properties in Rural Areas of the County. Response: Existing trees and shrubs and the road itself already define the western boundary of the property. In addition, the existing trees and shrubs already screen the view of the meadow from the road, and the additional trees will not eliminate views into the property.from the road. Additional trees are proposed to be planted along the southern property line, but not along the entire boundary. Trees will be clustered in the southwest corner and at the toe of a slope that separates the upper portion of the property where the residence is located from the lower portion where the meadow is located. Subsec. (b)(5), Visibility Clearance: All landscaping shall be installed and maintained so that it does not interfere with the ability of drivers to see nearby traffic at the intersection of any driveway with a public road, or at the intersection of two public roads. Response: The landscaping does not interfere with the ability of drivers to see nearby traffic at the intersection of the nearby driveways with the public road. Subsec. (b) (6), Utility Easements: Whenever the provisions of this Sec. 7 -20 -130 would require the installation of trees or shrubs over or on utility easements, where branches or roots might interfere with utility lines or pipes, the required location for such trees and shrubs shall be modified to require installation at the closest location that would avoid potential conflicts with utilities and would enable the trees and shrubs to serve the same landscaping purpose. Response: The plantings avoid the gas and electric easements that run parallel to Dower River Road. Subsec. (c) (2): Landscape treatments fin the Rural Area] shall cluster shrubs and trees into groupings similar to those naturally occurring on the site or neighboring sites, shall use indigenous species of shrubs and trees, and shall not be installed in regularly spaced lines or rows, unless more specific provisions of Secs. 7- 20 -70, 7- 20-80, or 7 -20 -120 require a different treatment. Response: The trees that have been planted along the western property line have not been sited in regularly spaced rows and are appropriately clustered with separations between the clusters, so as not to create a solid "wall" of plantings. The spruce trees that have been planted at the southwest corner and along the southern property line are sited in two regularly spaced rows. Staff recommends that rows be broken up into less defined clusters, and that additional species (aspen or cottonwood) be interspersed to provide more natural groupings. This same recommendation would apply to the trees to be planted farther to the east along the southern property line. RECOMMENDATION: Staff recommends that the Hearing Officer approve the CR Properties Ltd. Site Plan Review, subject to the attached Determination. ATTACHMENTS: A. Dan Soderberg objection B. Woody Creek Caucus Application provided separately DETERMINATION OF THE HEARING OFFICER OF THE COMMUNITY DEVELOPMENT DEPARTMENT OF PITKIN COUNTY, COLORADO, APPROVING THE CR PROPERTIES LTD. SITE PLAN REVIEW FOR LANDSCAPING Determination No. -2013 RECITALS I , CR Properties Ltd. ( "Applicant ") has applied to the Pitkin County Community Development Director ( "Director ") to establish an activity envelope and obtain Site plan review approval for tree planting (spruce, cottonwood and aspen) along the southeast and southwest (Lower River Road) property lines to provide screening of the road and the adjacent property. Some of the proposed trees have already been planted, and the Site Plan incorporates those and additional trees. 2. Neighbor Dan Soderberg submitted an objection to the application related to the location of the trees and the impact on the view from his property. Therefore, the application was continued to a public hearing before the Hearing Officer, pursuant to Sec. 2-- 20- 170(a)(4)(c) of the Land Use Code ( "Code "). 3. The property is located at 2557 Lower River Road, and is legally described as Lot 1, Murray Low Impact Subdivision. 4. The lot contains 19 acres and is a conforming size lot in the AR -10 zone district. The BOCC approved the Murray Low Impact Subdivision, pursuant to Resolution Nos. 90 -173 and 91- 74; the Final Plat was recorded in Plat Book 27 at Page 75. The BOCC approved a Major flat Amendment, pursuant to Resolution No. 99 -54; the amended plat was recorded in Plat Book 52 at Page 49, The Community Development Director approved a minor amendment to realign the driveway and alter the landscape plan, pursuant to Administrative Decision No. 46 -2000; the amended plat was recorded in Plat Book 59 at Page 53. The Hearing Officer granted Special Review and GMQS Exemption approval to utilize a TDR to legalize 1,373.75 square feet of existing previously exempt floor area that was converted to full height habitable space, pursuant to Determination No. 4 -2010. 6. The lot is developed with a single family residence; the Certificate of Occupancy was issued in 2007. 7. The Hearing Officer considered the application at a continued public hearing on June 4, 2013. 8. The Hearing Officer finds that the request complies with the applicable provisions of the Land Use Code ( "Code "), as follows: A. The lot is within the mapped Scenic View Protection Area as seen from Lower River Road. The open meadow on the property remains visible from the road through spaces between the trees. Existing trees and shrubs already screen the view of the meadow. The location of the trees along the ditch is consistent with the natural pattern of tree growth along a ditch. Therefore, the proposed landscaping complies with Sec. 7 -20 -120 of the Code, as it is compatible with the rural atmosphere as seen from the public road. B. The proposed landscaping complies with the applicable provisions of Sec. 7 -20 -130 of the Code, Landscaping and Vegetation Protection, as follows: Determination No. -2013 Page 2 1) Spruce, aspen and cottonwood trees will be planted; these species occur naturally along Lower River Road, and have also been planted on neighboring properties. 2) Existing trees and shrubs and the road itself already define the western boundary of the property, and the existing trees and shrubs already screen the view of the meadow from the road. The additional trees will not eliminate views into the property from the road. Trees are proposed to be planted along the southern property line, but not along the entire boundary. 3) The landscaping does not interfere with the ability of drivers to see nearby traffic at the intersection of the nearby driveways with Lower River Road. 4) The plantings avoid the gas and electric easements that run parallel to Lower River Road. 5) The trees along the western property line are appropriately clustered with separations between the clusters, so as not to create a solid "wall" of plantings. The trees along the southern property line are sited in more regularly spaced rows, which is not consistent with the Code. THE HEARING OFFICER DOES HERESY APPROVE the CR Properties Ltd. Site Plan Review, subject to the following conditions, which shall run with the land and be binding on all successors in interest: 1. The conditions of all prior approvals shall remain in full force and effect. 2. The Applicant shall adhere to all material representations made in the application and shall consider those representations to be conditions of approval, unless amended by other conditions. 3. Prior to submission of any future building permit applications, the Applicant shall be required to submit for approval by the County Attorney and Community Development a Site Plan with an Activity Envelope in accordance with Land Use Code Section 2- 30-20(g) and Application Manual Section 2.1.12. The above referenced approvals shall be a condition precedent to finalization and recordation of them. The Site Plan shall be amended as follows, prior to recordation: A. The rows of trees along the southern property line shall be broken up into clusters, with additional tree species (aspen or cottonwood) interspersed to provide more natural groupings. 4. The Applicant shall obtain a County Earthmoving Permit to complete the landscaping. 5. The Applicant has represented that a separation of at least 150 feet will be maintained between the clusters of trees planted along the southern property line in order to maintain an open view of the meadow and down the valley from the adjacent residence to the south. 6. No development shall occur outside of the approved activity envelopes. 7. Failure to comply with the conditions of this approval may result in revocation of this approval, or any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this property. Determination No. _ -2013 Page 3 8. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, § 2 -20 -170 and C.R.S., § 24 -68 -105. The statutory vested rights granted herein shall expire on , 2016. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 18`x' day of April, 2013. APPROVED AND ADOPTED this 4'h day of June, 2013. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weekly on the day of , 2013. ATTEST: Bonnie Waechtler, Administrative Assistant APPROVED AS TO FORM: John Ely, County Attorney P033 -13 PID4246736102001 COMMUNITY DEVELOPMENT DEPARTMENT HEARING OFFICER OF PITKIN COUNTY, COLORADO By Thomas Fenton Smith, Hearing Officer Date APPROVED AS TO CONTENT: E m y Aouben, Community Development Director Suzanne Wolff From: Sent: To: Subject: Dear Mrs. Suzanne Wolff, ABCD Soderberg Office <office @abcdsoderberg.com> Thursday, May 16, 2013 11:41 AM Suzanne Wolff RE: CR Properties site plan application Good morning. It's Dan Soderberg. How are you? This letter is intended to serve as an objectionable document to the intentions of tree planting along the southeast and southwest property lines of 2557 Lower River Road, Snowmass, Colorado, 81654. I am the property owner of 2569 Lower River Road, Snowmass, Colorado, 81654. I believe the planting of trees along those property lines would not only cause safety issues, but would also bean unsightly and unnecessary distraction for myself, other homeowners, drivers and mountain lovers. In regards to the deadline on May 20, the week is going; by quickly. I'm going on record stating I have issues with the work they have done in the past on the patio, with no permit and construction debris around the pond. Whatever they do affects my view daily, weekly, monthly and yearly. I have been told they have 7 homes and tine here only 4 weeks out of the year. Just this morning I have taken photos of a black trailer they have brought., onto my side of the property, blocking my view. When I go outside to play basketball with my son I look at 34 trees 'blocking my view of the down valley Sun. This is my view that is being interrupted. This has been going 8ii' br 2 years or longer. f'wQuld like to be notified of a scheduled site visit. I would like my voiced concerns to be heard before a final determination is handed down. I pray that once these are shared with the Hearing Officer, he /she will grant any ad,all relief I, Dan Soderberg;, has requested. Thank you all for your precious time and your help in this very important matter. Sincerely, ban, Soderberg Fi6rn: Suzanne Wolff [mai Ito: Suzanne.Wolff co. pitki n. go. us] Sent: Monday, May 06, 2013 11:33 AM Td: ABCD Soderberg Office Subject: CR Properties site plan application H.i pan. Here is the application for the adjacent property. 1 have not yet scheduled a site visit; but will let you know when 1 do. Suzanne Wolff From: Bonnie Shiles Sent: Monday, April 22, 2013 10:35 AM To: Suzanne Wolff Subject: FW: DUE 5/20/13 Pitkin County Land Use CR Properties LLC From: janet k schoeberlein [mailtoJanetka es rnail.com] Sent: Friday, April 19, 2013 11:22 AM To: Bonnie Shiles Subject: Re: DUE 5/20/13 Pitkin County Land Use CR Properties LLC TD: Suzanne Wolff, Community Development RE, CR Properties The Woody Creep Caucus District Planning Commission has no objection to the subject application, except that there is no mention of provision for supplying water to the trees, spruces and cottonwoods, both species dependent upon a lifetime supply of water in order to survive. We would recommend inclusion of a small Percentage of more drought resistant species, such as junipers and ponderosa or lodgepole pines, to provide — ip§, rance in the event water supplies fail. Sa,A 1 Suzanne Wolff From: Jesse @premierpm.net Sent: Thursday, May 16, 2013 5:13 PM To: Suzanne Wolff Subject: Re: CR Properties site plan application Thanks Suzanne, Beyond raising the adjacent property values by purchasing a distressed home and adding value, local employment and encompassing there home with beautiful grounds I strongly disagree with Dan Soderbergs statement. The home is frequently occupied with a lovely family and extended visitors who travel here to enjoy and support our local economy. Without the renegade rentals, the dilapidated structure that was due for demolition and the presence of Soderberg plumbing vehicles, renters cars, a trampoline and chain link fence with dogs this would never have been an issue. In consideration for Dan we kept his entire view plain from the main home free of trees and only requested trees to block the parking and the old home. Thanks for your time and effort on this matter. June 18th work fine, and if any available times come up sooner that would be great. Best, Jesse Allen Was he not notified of the scheduled site visit last week? On May 16, 2013, at 4:37 PM, Suzanne Wolff wrote: delapitated Hi. Dan Soderberg has submitted an objection. The first available agenda for the Hearing Officer is June 18. From: ABCD Soderberg Office [ mailto :officeCcbabcdsoderbero.comj Sent: Thursday, May 16, 2013 11:41 AM To: Suzanne Wolff Subject: RE: CR Properties site plan application Dear Mrs. Suzanne Wolff, Good morning. It's Dan Soderberg. How are you? This letter is intended to serve as an objectionable document to the intentions of tree planting along the southeast and southwest property lines of 2557 Lower River Road, Snowmass, Colorado, 81654. I am the property owner of 2569 Lower River Road, Snowmass, Colorado, 81654. I believe the planting of trees along those property lines would not only cause safety issues, but would also be an unsightly and unnecessary distraction for myself, other homeowners, drivers and mountain lovers. In regards to the deadline on May 20, the week is going by quickly. I'm going on record stating I have issues with the work they have done in the past on the patio, with no permit and construction debris around the pond. Whatever they do affects my view daily, weekly, monthly and yearly. I have been told they have 7 homes and live here only 4 weeks out of the year. Just this morning I have taken photos of a black trailer they have brought (o� 3 Suzanne Wolff From: David Reeves <premierpm @comcast.net> Sent: Tuesday, April 23, 2013 1:53 PM To: Suzanne Wolff Subject: Re: DUE 5/20/13 Pitkin County Land Use CR Properties LLC Hi Suzanne, I will get you the exact water rights from Bill when he gets back to us with documents. I believe we have 0.2 cfs out of Cerise Ditch which flows through a series of ponds and irrigates the entire property. The irrigation was addressed in the review as in ground field irrigation is in place and irrigates the entire area of proposed plantings. We also have a zone for drip irrigation installed if necessary to conserve water while shutting off field zones. We are open to using ponderosa and juniper as well. The property has excellent water rights and all recent work has been grandfathered in as of last summer. See below. Thanks again for your help on this matter. Jesse Allen To all concerned parties; After review of the water rights, BWCD contract, and surveying surface areas of water surfaces on said property located at 2557 Lower River Rd, Snowmass, Co 81654, I find the amount of water within the BWCD contract allocated to evaporation from pond surfaces to be adequately addressed at this time. Bill Blakeslee Water Commissioner District 38. On Apr 23, 2013, at 10:52 AM, Suzanne Wolff wrote: Hi Dustin. Just passing along comments from the Woody Creek Caucus, which we consider in our review. Can you provide me with information on the water rights for irrigation for the property? Thanks! From: Bonnie Shiles Sent: Monday, April 22, 2013 10:35 AM To: Suzanne Wolff Subject: FW: DUE 5/20/13 Pitkin County Land Use CR Properties LLC From: janet k schoeberlein [mailto:janetkayes(@gmail.comj Sent: Friday, April 19, 2013 11:22 AM I To: Bonnie Shiles Subject: Re: DUE 5/20/13 Pitkin County Land Use CR Properties LLC TO: Suzanne Wolff, Community Development RE: CR Properties The Woody Creek Caucus District Planning Commission has no objection to the subject application, except that there is no mention of provision for supplying water to the trees, spruces and cottonwoods, both species dependent upon a lifetime supply of water in order to survive. We would recommend inclusion of a small percentage of more drought resistant species, such as junipers and ponderosa or lodgepole pines, to provide insurance in the event water supplies fail. III t ni.mavrmrnt Tel. 970 - 923 -0300 Fax. 970 - 923 -6300 Email: Prem ierpm(cDcomcast. net Address: AABC 210, Unit C 210 Ventnor Ave, PO Box 6437 Aspen, CO 81611 3 PITKIN COUNTY PRE - APPLICATION CONFERENCE SUMMARY PLANNER: Suzanne Wolff DATE: 10/11/12 PHONE: (970) 920 -5093 E -MAIL: suzanne.wolffCutco.pitkin.co.us LOCATION: 2557 Lower River Road;Lot 1, Murray Low Impact Subdivision PID# 246736102001 ZONE: AR -10 OWNER: CR Properties Ltd. REPRESENTATIVE: Dustin Miller EMAIL: premierpm @comcast.net Type of Application: Site Plan Review Description of Project/Development: The Applicant proposes to obtain Site Plan review approval to establish an activity envelope for tree planting along the southeast and southwest (Lower River Road) property lines. The First Amended Plat recorded in Plat Book 59 at Page 53 established a Building Envelope and a Development Envelope for Landscaping, Grading, Revegetation, Pond and Driveway. The proposed trees are not within the approved Development Envelope. Land Use Code Sections to be addressed in letter of request (application): • 2- 30- 20(g): Site Plan Criteria for Approval • 7 -10 -50 & 60: Site Plan • 7- 20 -10: Site Preparation and Grading • 7- 20 -30: Water Courses and Drainage • 7 -20 -120: Scenic View Protection Areas (as viewed from Lower River Road) • 7 -20 -130: Landscaping and Vegetation Protection Review by: Community Development Director Public Hearing: NO. However, notice is required via posting, mailing and publication. The Applicant shall post a public notice sign on the property at least 15 days prior to the date specified for the Administrative Decision pursuant to Sec. 2- 20- 100(a)(3) of the Land Use Code. In addition, the Applicant shall mail notice (by certified mail) to all owners within 300' of the property and mineral estate owners with the return address of the Community Development Department (form of notice to be obtained from the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County, as they appear no more than 60 days prior to the date of the public hearing. A property owner receiving the public notice shall have 2 weeks from the date the notice was postmarked to submit comments or objections to the Community Development Department. Staff will refer the application to the following agencies: Woody Creek Caucus /('3,7 FEES: $-I'M (make check payable to °Pitkin County Treasurer") • $1,560 Planning Office flat fee (non - refundable; based on 5 hours of staff time. If staff review time exceeds 6 hours, the Applicant will be charged for additional time above 5 hours at a rate of $312/hour) ■ $54 Public Notice Fee • $25 Clerk Technology Fee 000001 of 7S) To apply, submit 1 copy of the following information: 1. Summary letter explaining the request, providing background on prior approvals and permits, and addressing compliance with the Code sections listed above; 2. 24" by 36' and 11" x 17° Site Plan as designated in Section 2.1.12 of the Pitkin County Land Use Application Manual; 3. Disclosure and proof of ownership of the property, consisting of a current certificate from a title insurance company or attomey 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. 4. Street address (if any) and parcel description, including legal description, and 8-1 /2"x I V vicinity map locating the subject property within Pitkin County; 5. Consent from the owner of the property for the representative to process the application and represent the owner; 6. List of all property owners within 300' and mineral estate owners (1 copy). 7. Total fee for review of the application; 8. Signed fee agreement (form attached); 9. Copy of this preapp form NOTES: ➢ PLEASE SUBMIT ONE UNBOUND AND ONE -SIDED COPY OF YOUR COMPLETE APPLICATION. THE PARCEL ID # SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED IN YOUR APPLICATION. ➢ ALL MAPS SHALL BE FOLDED. ➢ This pre - application conference summary is advisory in nature and not binding on the County. The information provided in this summary is based on current zoning standards and staffs interpretations based upon representations of the applicant. Additional information may be required upon a complete review of the application. ➢ Applicant will be responsible for mailed and posted notice. Public Notice requirements are described in Section 2- 20.100 of the Pitkin County Land Use Code. A signed, notarized copy of the affidavit confirming notice must be received from Applicant prior to approval. 0-00002 PID# 246736102001 ATTN: Suzanne Wolfe Pitkin County Planning Dept. 130 S Galena Street 3`'d Floor Aspen, CO 81611 Landscape Application Review 3/28/2013 PID# 246736102001 Property Owner. CR Properties Ltd. Project Location: 2557 Lower River Road; Lot 1, Murray Low Impact Subdivision. Zone: AR -10 Representative: Premier Property Management Land Use Code Sections to be addressed: • 2- 30- 20(g): Site Plan Criteria for Approval • 7 -10 -50 & 60: Site Plan • 7- 20 -10: Site Preparation and Grading • 7- 20 -30: Water Courses and Drainage • 7 -20 -120: Scenic View Protection Areas (as viewed from Lower River Road) • 7 -20 -130: Landscaping and Vegetation Protection Dear Suzanne, The applicant, CR Properties Ltd. and representative Premier Property Management, is requesting an amendment to the Development Envelope to allow for new tree plantings on the southwest and southeast borders of the property. 60 to 80 Colorado blue and green spruce, and 30-40 Narrow leaf cottonwoods, and populous tremendulous. Numbers will vary as the actual placing of trees will determine how many will be appropriate in each location. Gas and Electric utilities have been located and marked. All public utility easements will be observed. The native deciduous and conifer trees will be naturally and aesthetically laid out to provide a natural barrier between the property and the roadside and east boundary neighbor. Viewpoints from Lower River Road and adjacent properties will be observed and preserved. All areas of disturbed ground will be reseeded with approved Pitkin county grasses. Water courses and drainage will not be affected by proposed work. Tree plantings will achieve a visual barrier of unsightly buildings and parking areas as viewed from the property. They will also serve as a sound barrier and dust screen to Lower River Road. The lot is located at 2557 Lower River Road, and is described as; Lot 1, Murray Low Impact Subdivision. The lot is zoned AR -10. Post Office Box 6437 Snowmass Village, Colorado 81615 Telephone: +1 (970) 923 -0300 Fax: +1 (970) 923 -6300 X0003 PID# 246736102001 3/28/2013 Land Use Code 2- 30- 20(g): Site Plan Criteria for Approval: Response; Amendment of development envelope outlined in site plan, as well as approximate tree plantings. Land Use Code 7 -10 -50 & 60: Site Plan: Response; Please see attached site plan. Land Use Code 7- 20 -10: Site Preparation and Grading: Response; Site is ready for tree plantings. Grading is not required. Each tree is individually dug and backfilled with amended soils. Land Use Code 7- 20 -30: Water Courses and Drainage: Response; Water courses and drainage will remain unaffected by scope of work. Land Use Code 7 -20 -120: Scenic View Protection Areas (as viewed from Lower River Road): Response; Scenic viewpoints will be observed from Lower River Road. Care will be taken to preserve these viewpoints, as well as scenic viewpoints from adjacent properties. Land Use Code 7 -20 -130: Landscaping and Vegetation Protection: Response; All areas of disturbed ground by work done will re- vegetated with approved Pitkin county grasses. These areas will include; access road across field, and any area within 10' -20' of tree plantings that has been disturbed. Once completed the tree plantings will create natural wind and dust mitigation for adjacent properties. Thank you, Dustin Miller — Landscape Supervisor Jesse Allen — Owner David Reeves — Owner Sincerely, eel. 970 - 712 -6874 eel. 808 -264 -6723 cel. 970 - 274 -3373 3/28/2013 000004 Post Office Box 6437 Snowmass Village, Colorado 81615 i7 Telephone: +1 (970) 923 -0300 Fax: +1 (970) 923 -6300 CR PROPERTIES, LTD. 900 EAST LAKEVIEW DRIVE MCALLEN, TEXAS 78501 -5723 956 - 630 -9400 FAX: 956 -686 -5494 March 26, 2013 TO WHOM IT MAY CONCERN: Re. Application for Landscape Review Lot 1, Murry Low Impact Subdivision 2557 Lower River Road Woody Creek, Pitkin County, Colorado Ladies /Gentlemen: CR Properties, Ltd., a Texas limited partnership, is the owner of the property located at 2557 Lower River Road, Woody Creek, which is the subject of the above - referenced application. CR Properties, Ltd. hereby consents to and authorizes Premier Property Management to represent the limited partnership and to process this application on its behalf. Very truly yours, CR PROPERTIES, LTD. By: MRR -GP, L.L.C., General Partner By: MRR Services Company, Sole Manager By: f ,-L z W-0� Robert J. Morehead, President uJu005 t� L }Q V V v OL 455 Electronically WARRANTY DEED L L!W WITNESS, thin the grantor, for and in consideration of the sam of( $6,550,000.00 ) Six Million Five Hundred Fifty Thousand dollars and Zero cents, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, said and conveyed, and by these presents does grant, bargain, sell, convey NO confirm, unto the grantees, their heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Pilkin and State of Colorado described as follows: uUiiU06 Lot 1, MURRY LOW IMPACT SUBDIVISION, according to the Plat thereof recorded November 20, 1991 in Plat Book 27 at Page 75 as Reception No. 338638. and the Eroncig Major Plat Amendment and 1041 Hazard Review Site Han recorded in Plat Book 52 at page 49 as Reception No. 440399 and as amended by First Amendment to Emacig Major Plat Amendment and 1041 Hazard Review Site Plan recorded in Plat Book 59 at Page 53 as Reception No. 462785. COUNTY OF HTKIN, STATE OF COLORADO aim Imi wa by street and number as: 2557 Lower River Road, Sai warns, CO 81654 TOGETHER with all and singular the hereditannents and appurtenances thereto belonging, or in anywise appertaining, and 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 prermses, with the heruataments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for himself, lus heirs, and personal representatives, does covenant grant, bargain, and agree to and with the grantee, his heirs and assigns, that at the time of the emealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect absolute and indefeasible estate of hi eritmce, in law, in fee ample and has good right full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear fmm all former and other grants, bargains, sales, liens, taxes, assamments, encumbrances and restrictions of whatever kind or nature soever, except those matters set forth in EXHIBIT 'A' attached hereto and made a pan hereof. The grantor shall and will WARRANT AND FOREVER DEFEND the above- bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. o 1 OW-64H STATE OF f1i _ ) ) ss. COUNTY OF Dade ) The foregoing instrument was acknowledged before me this _.12 _ day ofAugust 2008, by Jainec J Fr n i cJ as Manager of PENINSULA LRR LLC, a limited liability company. My commission expires: Witness my hand and ofiici E. Elmas NooryPo M Commission # DD538134 Expires April 30, 2010 t� t aawas Troy M1a •aswsnur, ms rW.ur09ta Sawvn Tidc Of Colmado. Inc. Fite Naa6er. 17915 No. 9_A A- Wvraity Deed IFor Miograp Record) Pope1 d EXHIBIT A EXCEPTIONS 1. Taxes for the year 2008, not yet due and payable, and subsequent years. 2. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 3. All rights to any and all minerals, ore and metals of any kind and character, and all coal, asphaltum, oil, gas and other like substances in or under said land, the rights of ingress and egress for the purpose of mining, together with enough of the surface of the same as may be necessary for the proper and convenient working of such minerals and substances, as reserved in Patent from the State of Colorado, recorded November 22, 1928 in Book 162 at Page 138 as Reception No. 84686. 4. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded May 5, 1923 in Book 55 at Page 568 as Reception No. 82077. 5. 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, as reserved in United States Patent recorded May 5, 1923 in Book 55 at Page 568 as Reception No. 82077. 6. Right of way for Rocky Mountain Natural Gas Company, as disclosed by Plat recorded April 23, 1962 in Ditch Book 2A at Page 271 as Reception No. 113225 and instrument recorded January 23, 1973 in Book 271 at Page 724 as Reception No. 136955. 7. Easement and right of way for power line purposes, as conveyed by Howard E. Kent in the easement to Colorado -Ute Electric Association, Inc., a Colorado corporation recorded December 3 1963 in Book 205 at Page 77 as Reception No. 116704, and Rule and Order recorded September 26, 1978 in Book 355 at Page 411 as Reception No. 267663. 8. Right of way Easement for Communication Line Purposes, as conveyed by Howard E. Kent in the Right of Way Easement to the Mountain States Telephone and Telegraph Company recorded July 2 1969 in Book 241 at Page 871 as Reception No. 13 600 1. 9. Any and all minerals, ores and metals of every kind and character and all coal, asphaltum, oil and other like substances and the right of ingress and egress for the purposes of mining together with enough of the surface of same as may be necessary for the proper and convenient working of such minerals and substances in and under the land as conveyed to the State of Colorado by Deed recorded April 18, 1924 in Book 157 at Page 154. File Number: 17915 Stewart Title of Colorado. Inc. Warranty Deed — Exhibit A(Exceptions) Page I of 3 10. Right of way for the Colorado Midland Railway and the Denver Rio Grande Railroad, including, but not limited to such rights as granted by instruments recorded in Book 41 at Page 589; in Book 42 at Page 240; in Book 33 at Page 163 of the records of the office of the Clerk and Recorder of Pitkin County, Colorado. 11. Right of way granted to Pitkin County, Colorado, by instruments recorded in Book 157 at Page 140; and in Book 143 at Page 345. 12. Conveyance to Pitkin County, Colorado for Highway Right -of -Way by Deed recorded in Book 157 at Page 378. 13. All existing easements and rights of way for ditches, pipelines and reservoirs with the rights of anyone to use and maintain the same and the right to transport, store and withdraw water through, in or from such ditches, pipelines and reservoirs including, but not limited to Last Chance Ditch, Deer Creek No. 1 Ditch, Deer Creek No. 2 Ditch, Eli Cerise Ditch, Last Chance No. 216 and the Wheatley Ditch No. 182; and all existing easements and rights of way of a public or private nature including, but not limited to public and private roads highways, trails, railroads, tramways, tunnels, telegraph telephone and power lines. 14. Right of way as described in instrument to Holy Cross Electric Association, Inc. recorded June 30, 1971 in Book 256 at Page 294 and instrument recorded May 13, 1980 in Book 388 at Page 825 as Reception No. 223978. 15. Declaration of Restrictive Covenants recorded June 28, 1977 in Book 331 at Page 64 as Reception No. 195463. 16. Resolution No. 90 -113 issued by The Board of County Commissioners recorded February 13, 1991 in Book 639 at Page 707 as Reception No. 330295. 17, Resolution No. 91 -74 issued by The Board of County Commissioners recorded August 13, 1991 in Book 653 at Page 750 as Reception No. 335420. 18. Fishing Easement as granted by Paul J. Murry and Bonita J. Murry to members of the Public at Large recorded November 20, 1991 in Book 662 at Page 381 as Reception No. 338639, 19. All matters as shown on Murry Low Impact Subdivision recorded November 20, 1991 in Plat Book 27 at Page 75 as Reception No. 338638. 20. All matters as shown on the Eroncig Major Plat Amendment and 1041 Hazard Review Site Plan recorded in Plat Book 52 at page 49 as Reception No. 440399 and as amended by First Amendment to Eroncig Major Plat Amendment and 1041 Hazard Review Site Plan recorded in Plat Book 59 at Page 53 as Reception No. 462785. 21. Order of Inclusion in the Basalt Water Conservancy District recorded October 31, 1996 as Reception No. 398529. File Number: 17915 Stewart Title of Colorado, Inc Warranty Deed — Exhibit A(Exceptions) Page 2 of 3 0 0 Lj y U 3 22. Declaration of Covenants, Conditions and Restrictions of Murry Low Impact Subdivision recorded March 3, 1999 as Reception No. 428408. 23. Resolution No. 99 -54 of Pitkin County approving a Subdivision Exemption for Minor Plat recorded April 16, 1999 as Reception No. 429984, 24. Administrative Decision by Pitkin County recorded September 14, 2000 as Reception No.. 447019. 25. Occupancy Deed Restriction and Agreement for a Caretaker Dwelling Unit recorded April 25, 2003 as Reception No. 481909. 26. Underground right of way easement to Holy Cross Energy recorded July 1, 2003 as Reception No. 484859. 27. Trench, Conduit, and Vault Agreement with Holy Cross Energy recorded July 1, 2003 as Reception No. 484860. 28. Addendum to Declaration of Covenants Conditions and Restrictions of Murray Low Impact Subdivision recorded February 28, 2003 as Reception No. 479353. 29. Pipeline Easement granted to Rocky Mountain Natural Gas Company recorded March 24, 2006 as Reception No. 522175. 30. Administrative Decision by Pitkin County recorded June 19, 2006 as Reception No. 525416. 000UU File Number. 17915 Stewart Title of Colorado, Inc. warranty Deed — Exhibit A(Exceptions) Page 3 of 3 ALTA Owner's Policy (6- 17-06) POLICY OF TITLE INSURANCE ISSUED BY E-stewart title guaranty company Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS, STEWART TITLE GUARANTY COMPANY, a Texas corporation, (the "Company'l insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, riot exceeding the Amount of Insurance, sustained or incurred by the insured be reason of: I. Title being vested ether than as stated in Schedule A. 2. Any defect in or lien or encumbrance ore the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, of impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed acknowledged, noarized, or delivered; (iv) failure to perform those acts necessary to cream a document by electronic means authorized by law (v) a document executed under a falsified, expired, or otherwise invalid power of attorney (vi) a document not property filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (Vii) a defectivejudicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Tide that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improveiricu is located on adjoining land. 3. Unmarketable Title. 4. No right of access to and From the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or renting to (a) the occupancy, use, m enjoyment of the farad; (b) the character. dimensions, or location of any improvement excretion the land; (c) the subdivision of land; or (d) envimnmental protection if a notice, describing any pan of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement refeffed to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any pan of the Land, is recorded in the Public Records, but only to the extent of the enforcertient referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. Countersigned: � 5�.yA�{x^!n�''1 '�/ � a title guaranty company Senior Chairman of i e Board nr�d CamlgnLUgnaNte Agent ID: 06011A Serial No.: 0- 9301 - 809312 ALTA OWNER'S POLICY 617-06 if Yon want infunrution about coverage or need astionme to resolve complaints, pleuse call our toll free number. 1 -800- 729 -1902. if you rinks a claim under your polieY. You most furnish wraten artice m accondantt with Section 3 of the Qmdmons V isrt our Wodd -Wide Web site at www.swew .core. 000'010 Stewart Title of Colorado, Inc. Aspen Division —'k7 Chamman of thm Board + 9; °_, �:^ 620 East Hopkins Avenue $ rEiiA'' Aspen, Colorado 81611 Phone: 970 -925 -3577 Presiders Fax: 970-925-1384 Agent ID: 06011A Serial No.: 0- 9301 - 809312 ALTA OWNER'S POLICY 617-06 if Yon want infunrution about coverage or need astionme to resolve complaints, pleuse call our toll free number. 1 -800- 729 -1902. if you rinks a claim under your polieY. You most furnish wraten artice m accondantt with Section 3 of the Qmdmons V isrt our Wodd -Wide Web site at www.swew .core. 000'010 COVERED RISKS (Cont(nued) 9. Tide being vested otter than as stated in Schedule A or being defective (i) to be timely, or (a) a a result of the avoidance in whole or in pan. or tram a court order (ii) to impart notice of its existence in a purchaser far value in to a providing an alternative remedy, of a transfer of all or any pan of the tide to judgment or lien creditor. or any interest in the land occurring prior to the transaction vesting Title 10. Any defect in or lien or encumbrance on the Tide or other matter included in US shown in Schedule A because that prior transfer constituted a fraudulent Covered Risks 1 through 9 that has been coated or attached or has been tiled or or preferential transfer under federal bankruptcy, smk insolvency, or recorded in the Public Records subsequent to Date of Policy and prior to the similar creditou'rights laws; or recording of the deed or other instrument of transfer in the Public Records that (b) because the instrument of Wnsfer vesting Title as shown in Schedule A vests Title as shown in Schedule A. constitutes a preferential transfer under federal bankruptcy, state The Company will also pay the toss. at arrays' fees, and expenses incurred in defense insolvency, or similar creditors rights laws by reason of the failure of its of any matter insured against by this Policy, but only to the extent provided on the recording in the Public Records Conditions. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the (b) not Known to the Company, not recorded in the Public Records at Daze of Company will not pay loss or damage, mss, attorneys fees, or expenses that arise by Policy, but Known in the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prim to the date the Insured reason ot: 1. (a) Any law, ordinance, pemtit, or governmental regulation (including those Claimant became an Insured under this policy; relating to building and tuning) restricting, regulating, prohibiting, or relating to (c) resulting in no Mss or damage to the Insured Claimant, (i) the occupancy, use, or enjoyment of the land: (d) attaching or created subsequent to Date M Polley (however, this does nor (ni) the character, dimensions, or location of any improvement erected on modify or limit the coverage provided under Covered Risk 9 and 10); or the Land; (e) resulting in loss or damage that would not have been sustained if the (iii) the subdivision of land; or Insured Claimant had paid value for the Title. (iv) environmental protection; 4. Any claim, by remain of the operation of federal bankruptcy, sate insdvemy, or or the effect of any violation of these laws, ordinances, or governmental regulations. similar creditors rights laws, that the vamacton vesting the Title as shown in This Exclusion 1(a) dues not modify or limit the coverage provided under Covered Schedule A, is Risk 5. (a) a fraudulent conveyance or fraudulent transfer, or (b) Any governmental police power. This Exclusion I(b) does not modify or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this limit the coverage provided under Covered Risk 6. 2. 2. Rights of eminent domain. This Exclusion does not modify or limit the policy. 5. Any lien on the Title for real estate nixes or assessm is imposed by coverage provided under Covered Risk 7 or 8. governmental authority and crested or, attaching between Date of Policy and the 3. Defects, liens, encumbrances. adverse claims, or other matters data of recording of the deed or Other instrument of transfer in the Public Record+ (a) created, antlered, assumed, or agreed to by the Insured Claimant; that vests Tide as shown in Schedule A. CONDITIONS (i) With regmd to (A), (B), (C), and (D) reserving, however, all 1. DEFINITION OF TERMS rights and defenses as to any smceaur that the Company would The following terns when used in this policy mean. (a) "Amman of Insurance ": The amount stated in Schedule A, as may be have had against any predecessor Insured. increased or decreased by endorsement m this policy, increased by le) 'Insured Claimant': An Insured claiming loss m damage. Section 8(b), or decreased by Sections 10 and l l of these Conditions. (f) "Knowledge" or 'Known ": Actual knowledge, not mnswaive knowledge or notice that any be imputed to an Insured by reason of (b) "Date of Policy': The date designated as "Date of Policy- in Schedule Use Public Records many other records that impart constructive notice A (C) "Entity": A corporation, partnership, must, limited liability company, of matters affecting the Title. (g) "Land': The land described in Schedule A, and affixed improvements or other similar legal entry. that by law constitute real property- The term Rand" does not include (d) "Insured": The Insured named in Schedule A. any property beyond the lines of the sea described in Schedule A. nor (I) The temp Insured" also includes "the includes any right. tide, interest, estate, a casement in abutting sneers, roads, of the Insured by operation of law successors t th used by (A) successors avenues, alleys, Im s. ways, or waterways, but this does not modify or as from purchase, , in heirs, devisees, hekin; limit the extent that a right of access no and from the land is insured survivors, personal representatives, lu mxt by this policy. (B) smcmwrs to an insured by dissolution, merger. - (h) "Mortgage ": Mudin ge deed of asst deed. m other secured consolidation, distribution, re reorganization; a nt. imiuding one evidenced by electronic means authorized ed h (C) successors to an Insured by its conversion to another kind by law. by law. of Entity; (i) "Public Rcords': Records established under state rtatutes m Date of (D) a grantee of an Insured under a deed delivered without Policy fm the purpose of imparting constructive notice of mater' payment of actual valuable consideration conveying the Title re lating to real property m purchasers far value and wnomt (1) if the stork, shares, memberships, or other equity Knowledge. With respect m Covered Risk 5(dk 'Public Records" ied to interests of the grantee are wholly -owned by the tamed include environmental protection liens filed in the records of Insured, shill the clerk of the United States District Court for the district where the (2) if the grantee wholly owns the named Insured, land is located. (3) if the grantee is wholly-owned by an affiliated Entity 'Title": described in Schedule A. of the named Insured, provided the affiliated Entity and etableteoriTide cteby as alleged m apparent reamer Ile) 1itle": (k the armed Insured are both wholly -owned by the same that world permit a prospective purchaser or lessee of the Title e. that would permit oosp ctive P rc person or Entity, m lender on the Title to be released from the obligation to purchase. (4) if the grantee is a taster or beneficiary of a Wrt lease, or lend if there is a mormaml condition requiring the delivery created by a written instrument established by the Insured of marketable title. named in Schedule A for estate planning purposes. A0011 CONDITIONS (Continued) 3. CONTINUATION OF INSURANCE Whenever requested by the Company. the Insured, at the Company's The coverage of this policy shall continue in force as of Date of Policy in expense, shall give the Company all reasonable aid (i) in securing favor of an Insured, but only so long as the Insured retains an estate or evidence, obtaining witnesses, prosecuting or defending the action or interest in the Land, or holds an obligation secured by a purchase money proceeding, or effecting settlement, and (ii) in any other lawful act that Mortgage given by a purchaser from the Insured, or only so long as the in the opinion of the Company may be necessary or desirable to Insured shall have liability by reason of warranties in any transfer or establish the Title or any other matter as insured. If the Company is conveyance of the Titk. This policy shall net continue in force in favor of prejudiced by the failure of the Insured to finish the required any purchaser from the Insured of either (i) an estate or interest in the Land, cooperation, the Company's obligations to the Insured under the policy or (it) an obligation secured by a purchase money Mortgage given to the shall terminate, including any liability or obligation to defend, Insured. prosecute, or continue any litigation, with regard to die matter or matters requiring such cooperation. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT (b) The Company may reasonably require the Insured Claimant to submit The Insured shall notify the Company promptly in writing (i) in case of any to examination under oath by any authorized representative of the lineation as set forth in Section 5(a) of these Conditions, (ii) in case Company and to produce for examination, inspection, and copying, at Knowledge shall come to an Insured hereunder of any claim of title or such reasonable times and places as may be designated by the interest that is adverse to the Tide, as insured, and that might cause loss or authorized representative of the Company, all records. in whatever damage for which the Company may be liable by virtue of this policy, or (iii) medium maintained, including books, ledgers, checks, memoranda, if the Title, as insured, is rejected as Unmarketable Title If the Company is correspondence, reports, e- mails, disks, tapes, and videos whether prejudiced by the failure of the Insured Claimant to provide prompt notice, hearing a date before or after Dam of Policy, that reasonably pertain to the Company's liability to the Insured Claimant under the policy shall be the loss or damage. Further, if requested by any authorized reduced to the extent of the prejudice. representative of the Company, the Insured Claimant shall grant in permission, in writing, for any authorized representative of the d. PROOF OF LOSS Company to examine, inspect, and copy all of these records in the In the event the Company is unable to determine the amount of loss or comedy or control of a third party that reasonably pertain to the loss or damage, the Company may, at its option, require as a condition of payment damage. All information designated as confidential by the Insured that the Insured Claimant furnish a signed proof of loss. The proof of loss Claimant provided to the Company pursuant to this Section shall not mum describe the defect, lien, encumbrance, or other matter insured against be disclosed to others unless, in the reasonable judgment of the Failure by this policy that constitutes the basis of loss or damage and shall slate, to Company, it is necessary in the administration of the claim. of the extent possible, the basis of calculating the amount of the loss or the Insured Claimant to submit for examination under Oath, produce damage. any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this S. DEFENSE AND PROSECUTION OF ACTIONS subsection, unless prohibited by law or governmental regulation, shall (a) Upon written request by the Insured, and subject to the options terminate any liability of the Company under this policy as to that contained in Section 7 of these Conditions, the Company, at its own claim. cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; covered by this policy adverse to the Insured. Thus obligation is limited to only those stated causes of action alleging matters insured TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay tar reasonable cause) to represent the Insured as to those stated causes of tender payment of the Amount of Insurance under this policy together action. It shall not be liable for and will not pay the fees of any other with any costs, autioneys' fees, and expenses incurred by the Insured counsel. The Company will am pay any fees, costs, or expenses Claimant that were authorized by the Company up to the time of or tender of payment and that the Company is obligated to incurred by the Insured in the defense of those causes of action that payment pay. Upon the exercise by the Company of this option, all liability allege matters not insured against by this policy (b) The Company shall have the right, in addition to the options contained and obligations of the Company to the Insured under this policy, other in Section 7 of these Conditions, at its own cost, to institute and than to make the payment required in this subsection, shall terminate, prosecute any action or proceeding or to do any other act that in its including any liability or obligation to defend, prosecute, or continue opinion may be necessary or desirable to establish the Title, as The any litigation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or insured, or to prevent or reduce loss or damage to the Insured. Company may Lake any appropriate action under the terms of this Policy, whether or not it shall be liable to the Insured. The exercise of With the Insured Claimant. (i) To pay or otherwise wide with other parties for or in the name these rights shall not be an admission of liability or waiver of any of an insured Claimant any claim insured against under this provision of this policy If the Company exercises its rights under this policy. In addition, the Company will pay any costs, attorneys fees, and expenses incurred by the Insured Claimant that were subsection. it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as authorized by the Company up to the time of payment and that required or permitted by this policy, the Company may pursue the the Company is obligated to Fay: or (ii) To pay or otherwise settle with the Insured Claimant the loss or litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any damage provided for under this policy, together with any costs. adverse judgment or order. attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the It= of payment 6. DUTY OF INSURED CLAIMANT TO COOPERATE and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided (a) In all cases where this policy permits or requires the Company to or provide for the defense of any action or proceeding and for in subsections (b)(i) or 60, the Company's obligations to the prosecute any appeals, the Insured shall secure m the Company the right to so Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any prosecute or provide defense in the action or proceeding, including the liability or obligation to defend, prosecute, or continue any litigation. right to use, at its option, the name of the Insured for this purpose. Oil Uu' 12 CONDITIONS (Continued) 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Clamant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance: or (it) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured, (i) the Amount of Insurance shall be increased by 10 %, and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In a khtion to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. 9. LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured. (c) The Company shall not be bable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. 10, REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of Elie payment. 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject. or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) whenever the Company shall have settled and paid a claim under this policy. it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise. or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the 0 UUU13 Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Tide Insurance Arbitration Rules of the American Land Title Association ( "Rules -). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or miming to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is 42,000.000 or less shall be arbitrated at the ophon of either the Company or the Insured. All arbitrable matters when the Amount of Insurance is in excess of $2,000.000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the patties. Judgment upon the award rendered by the Arbitrator(s) maybe entered in any court of competent jurisdiction. 15, LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements. if any, attached to it by the Company is the entire policy and contact between the Insured and the Company. In interpreting any provision of this Policy, this policy shall be constroed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to this policy. (c) Any amendment of or endorsement to this Policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a pace of this policy and is subject to all of its terms and provisions. Except as the endorsement expressly smtes, it does not (i) modify any of the terns and provisions of the policy. (if) modify any prior endorsement, (iii) extend the Dare of Policy, or (v) increase the Amount of Insurance. 16. SEVERABILITY In the event any provision of this policy, to whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full fame and effect. 17. CHOICE OF LAW; FORUM (a) Choice of Law The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefore in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insumnos of the jurisdiction where the Land is located. Therefore, the coun or an arbitrator shall apply the law of the jurisdiction where the land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terns of this Policy. In neither case shall the coun or arbitrator apply its conflicts of law principles to determine the applicable law. (c) Choice of Foram: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company urxler this policy must be given to the Company at Clamp Deportment at P.O. Box 2029, Housmo, TX 77252 -2029 ALTA OWNER'S POLICY (6117/06) Name and Address of Title Insurance Company: Order Number: 17915 Date of Policy: August 14, 2008 at 4:10 PM (or the dam of recording of the insured deed, whichever u later) SCHEDULE A Stewart Title Guaranty Company P.O. Box 2029 Houston, Texas 77252 -2029 Policy Number: 0-9301-809312 Amount of Insurance: $6,550,000.00 Premium: $5,309.75 *Address Reference: 2557 Lower River Road Snowmass, Colorado 81654 1. Name of Insured: CR Properties, Ltd., a Texas limited partnership 2. The estate or interest in the land that is insured by this Policy is Fee Simple 3. Title to the estate or interest in the land is vested in: CR Properties, Ltd., a Texas limited partnership 4. The land referred to in this policy is described as follows: Lot 1, MURRY LOW IMPACT SUBDIVISION, according to the Plat thereof recorded November 20, 1991 in Plat Book 27 at Page 75 as Reception No. 338638. and the Eroncig Major Plat Amendment and 1041 Hazard Review Site Plan recorded in Plat Book 52 at page 49 as Reception No. 440399 and as amended by First Amendment to Eroncig Major Plat Amendment and 1041 Hazard Review Site Plan recorded in Plat Book 59 at Page 53 as Reception No. 462785. COUNTY OF PITKIN, STATE OF COLORADO 'FOR COMPANY REFERENCE PURPOSE ONLY, NOT AN INSURING PROVISION ALTA Owner's Policy — Schedule A Page I or I Policy Typist: LKR 000014 ,Ste a ' PID# 246736102001 List of Properties within 300': Hilty Jack & Nancy 2673 Lower River Rd Snowmass, Co 81654 Dan Soderberg 2567 Lower River Rd Snowmass, Co 81654 RRR Funding LLC 2553 Lower River Rd Snowmass, Co 81654 3455 Ringsey Court #96, Denver Co 80216 -4923 2556 Lower River Rd C/O Renee Bowden, Mason Morse Realtors 514 E. Hyman Avenue Aspen, CO 81611 Post Office Box 6437 Snowmass Village, Colorado 81615 Telephone: +1 (970) 923 -0300 Fax: +1 (970) 923 -6300 0000 5 3/28/2013 PIO4 ty 4=1 3� l otoo I 490S85 ODUUi6 slss /secs 1� ` � CR Propertes. LM. I � \ Lott. Murry LI Su6d. ENV E EO (: � 1 V ITy ` L UpE — tao-,se T£CTCO v \ yew pop, 2567 Lwa Riv f� / rofaot I , „ 1 102MI2 16 - { \ 101001 1 I lona71 101803 � \� � \\ Ott �l K ���\ % t js / >ƒ �)) / § .7 § � ; ! % / ) � \ � \) \ \ �f / / }} w § #£ k ) j/ / 4 @; / .\ � \ ] > Q \ i/ I ddCd }7 :. � -�� s .,.. � y. - \ � ��, �\ \ . � \` ,� �� � \— } 7\ \ � Z � y � , 2�� �; , �� x z. } \§ � � :\ :� #� ne � \ i !� ) � !` � �i , , , g /;� , \ \ 2 / d[; \ /)! ; - / }( \�( `\ \\ \ � ®^ /� ^ / \� ,� - !� \ - / { } \{\ �� \�,G%§} (6%%! 2 § .7 § � ; ! % / ) � \ � \) \ \ �f / / }} w § #£ k ) j/ / 4 @; / .\ � \ ] > Q \ i/ I ddCd }7 :. � -�� s .,.. � y. - \ � ��, �\ \ . � \` ,� �� � \— } 7\ \ � Z � y � , 2�� �; , �� x z. } \§ � � :\ :� #� ne � \ i !� ) � !` � �i , G e G:, iN ♦ e O co Lol C .I dp n •:11 a /X" 1 p I / 1 / i i m ���. 1. / � ' �• -�•. 1 G G F--' 0 M ca 0 i 0 /e.� 1 / PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter COUNTY) and _ (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to COUNTY an application for PN R Li 1 V 1 i 4 F ni U L c-QE r 0g= TREF U f IA1 b (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 30 -2009 establishes a fee structure for land use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. The fee structure is based on the County's policy that development shall pay, in full, the cost of development review in 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. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it may not be possible at the time of application to ascertain the full extent of the costs involved in processing the application. 4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall accumulate if an application includes more than one type of land use review. 5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission and/or Board of County Commissioners to enable the Planning Commission and /or Board of County Commissioners to make legally required findings for project approval, unless current billings are paid in full prior to decision. 6. Therefore, APPLICANT agrees that in consideration of the COUNTY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the amount of $ 11 GW— which is based on 5 hours of staff time, and if actual time spent by staff to process the application exceeds the average number of hours by more than 20 %, then the COUNTY will bill the APPLICANT quarterly for the additional time spent. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. PITKIN COUNTY APPLICANT Cindy Houben Prinyl4�me w7 Community Development Director / /��/� /a ✓ ' ` ^���/7 �/�� Signature Date: 3 - .� g - 2,01 3 Mailing Address: SA70wAAASs ylr • Ac.E f o RI1,1S Effective 1/26/10 G:county\admin\forms\agreement to pay ODU020 PUBLIC NOTICE NOTICE IS HEREBY GIVEN to the general public that on July 16, 2013, the Hearing Officer of Pitkin County granted approval for the CR Properties LTD Site Plan Review (Determination No. 05 -2012; Case No. P033 -13). The property is located at 2557 Lower River Road, and is legally described as Lot 1, Murray Low Impact Subdivision. The State Parcel Identification for the property is 2467 - 361 -02 -001. This site - specific development plan grants a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes. s /Tom Smith Hearing Officer Pitkin County, Colorado Published in the Aspen Times Weekly, on August 8, 2013. PUBLIC NOTICE RE: CR Properties LTD Site Plan Review (CASE# P033 -13; PID 2467 - 361 -02 -001) NOTICE IS HEREBY GIVEN that an application has been submitted by CR Properties LTD (900 East Lakeview Drive, McAllen, TX 78501) requesting Site Plan Review approval to establish an activity envelope for tree planting along the southeast and southwest (Lower River Road) property lines. The property is located at 2557 Lower River Road, and is legally described as Lot 1, Murray Low Impact Subdivision. The State Parcel Identification for the property is 2467 - 361 -02 -001. The application is available for public inspection in the Pitkin County Community Development Department, City Hall, 130 S. Galena St., Aspen, CO 81611. For further information, contact Suzanne Wolff at(970) 920 -5093. Published in the Aspen Times Weekly on April 18, 2013. Attention All Property Owners within 300' of the subject property A property owner receiving this public notice who wishes to submit comments or an objection shall submit those to the Pitkin County Community Development, 130 South Galena Street, Aspen, Colorado 81611, by May 20, 2013. If any objections to the development application are received the Community Development Department shall continue the application to a public hearing before the Hearing Officer. http:// www .aspenpitkin.comIPortals /0 /docsl county/ Com% 2ODev IPlanningILand_Use_Applicatio ns/P033_13_app.pdf PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920 -5526 FAX# (970) 920 -5439 April 5, 2013 Dustin Miller PO Box 6437 Snowmass Village, CO 81615 premierpm @comcast.net Re: CR Properties LTD Site Plan Review (PID #2467 - 361 -02 -001; Case # P033 -13) Dear Mr. Miller: The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. After a more detailed review of the submittal information, additional information specific to the application may be requested in order to adequately review and process the application. The planner in charge of the review will request the information from you directly. Please note that it is your responsibility to mail notice by U.S. Mail to all property owners within 300' of the subject property with the return address of the Community Development Department (copy of notice will be emailed to you by the Community Development Department) by April 18, 2013. The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the mailing. Please submit the enclosed Affidavit of Notice by Mailing and a photograph of the posted sign as proof of compliance with the Code. A property owner receiving this public notice who wishes to submit comments or an objection shall submit those to the Pitkin County Community Development, 130 South Galena Street, Aspen, Colorado 81611, by May 20, 2013. If any objections to the development application are received by this date, the Community Development Department shall continue the application to a public hearing before the Board of County Commissioners. 2 . By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) on the 3rd day of May, 2013, which is at least fifteen (15) days prior to May 18, 2013. This must be submitted prior to any approvals being granted. If you have questions, please call Suzanne Wolff, the planner assigned to your case, at 920 -5093. Sincerely, Bonnie Shiles Administrative Assistant Encl: Affidavit Code Section 2 -20 -100 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920 -5526 FAX# (970) 920 -5439 MEMORANDUM To: Woody Creek Caucus FROM: Suzanne Wolff, Community Development Department Suzanne wolnco.pitkin.co.us Re: CR Properties LTD Site Plan Review (PID 2467 - 361 -02 -001; Case P033 -13) DATE: April 5, 2013 Attached for your review and comments are materials for an application submitted by CR Properties LLC. The Pitkin County Community Development Director will review the application. Please return your comments to me by Monday, May 20, 2013. http• / /www aspenpitkin com/ Portals /0 /docs /county /Com %20Dev /Planning /Land Use Ap plications /P033 13 ayy.ndf Thank you. PITKIN COUNTY COMMUNITY DEVELOPMENT Permit Receipt RECEIPT NUMBER 00034879 Name: CR Properties LTD Date:10/18/2013 Project Address: 2557 LOWER RIVER RD Type: check # 0002590 Permit Number Fee Description 0033.2013. PLAN PP- Hearing Officer Fee 1 Total: Amount 967.50 967.50 Communitv Develovment 130 S Galena St Third Floor Aspen, CO 81611 970 - 920.5109 Cote & 1.30 1.40 1.60 O Z To: CR Properties LTD 900 East Lakeview Drive McAllen, TX 78501 L Due upon 7/2/2013 prepare for hearing; attend hearing 7/16/2013 attend Hearing concerning Site Plan Review for Invoice Date: September 25, 2013 Case Number P033 -13 225.00 292.50 225.00 315.00 225.00 360.00 Subtotal $ 967.50 Sales Tax Total $ 967.50 Make all checks payable to Pitkin County Treasurer Thank you! 130 S Galena St Third Floor Aspen, CO 81611 KLEIN, COTE & EDWARDS, LLC 201 N. Mill Street, Suite 203 Aspen, CO 81611. 970 - 925 -8700 July 31, 2013 Invoice submitted to: Pitkin County ATTN: John Ely, County Attorney 530 E. Main St. Aspen, CO 81611 In Reference To: Hearing Officer Duties for Clerk and Recorder Properties Site Review Invoice # 49592 Professional Services 6/27/2013 JEE Site Visit to CR Properties; 7/2/2013 JEE prepare for hearing; attend hearing (applicant failed to show up); 7/16/2013 JEE attend Hearing concerning Site Plan Review for Clerk and Recorder Properties; review email from Suzanne Wolff; review changes to Determination; prepare email to Suzanne Wolff; For professional services rendered Interest on overdue balance Total amount of this bill Previous balance Balance due Z Hrs /Rate Amount 1.30 292.50 225.00 /hr 1.40 315.00 225.00 /hr 1.60 360.00 225.00/hr 4.30 $967.50 $0.40 $967.90 Pt� 71a 13 -it 3yu5l0 $405.00 $1,372.90 PITKIN COUNTY COMMUNITY DEVELOPMENT Permit Receipt RECEIPT NUMBER 00034456 Name: CR PROPERTIES, LTD Date:8/7/2013 Project Address: 2557 LOWER RIVER RD Type: Permit Number 0033.2013.PLAN check # 0002507 Fee Description PP- Hearing Officer flat fee Total: Amount 405.00 405.00 I�I�I•IJ.+b\ Community Develovment 130 S Galena St Third Floor Aspen, CO 81611 970 -920 -5109 To: CR Properties LTD 900 East Lakeview Drive McAllen, TX 78501 Due upon Invoice Date: July 8, 2013 Case Number P033 -13 1.60 6119/2013 Review Staff memorandum; Review 360.00 360.00 10.10 6/20/2013 Exchange emails w /Suzanne Wolff 22.50 22.50 0.10 6/24/2013 Exchange emails w /Suzanne Wolff 22.50 22.50 Subtotal $ Sales Tax Total $ Make all checks payable to Pitkin County Treasurer Thank you! 130 S Galena St Third Floor Aspen, CO 81611 I C)X I 405.00 405.00 PITKIN G. ,,UNTY COMMUNITY DEVELC,MENT Permit Receipt RECEIPT NUMBER 00033823 Name: Permier Property Mgmt Date:3/28/2013 Project Address: 2557 LOWER RIVER RD Type: Permit Number check # 2211 Fee Description Amount 0033.2013.PLAN PP- Flat Fee 1,560.00 0033.2013.PLAN PP- Clerk Tech Fee 25.00 0033.2013.PLAN PP- Public Notice Fee 54.00 Total: 1,639.00 1' -100' 0 100 200 DETAIL 2 REBAR ND CA / P / COLORADO BLUE /GREEN SPRUCE 0. .00�, tC,A yF� REBAR AND CAP MURRAY LOW H SUBDHVHSHON TRACTS 69 AND SECTIONS 25 AND 3 6 9 TOWNSHIP 8 6th P.M. COUNTY OF PITKIN, S TAT E 84 SOUTH, RANGE 86. WEST S ITE PLAN FOR LANDSCAPING VICINITY MAP CENTERLINE OF COUNTY ROAD 16' WIDE PRIVATE WAY LICENSE GRANTED BY THE DENVER AND RIO GRANDE WESTERN RAILROAD CO. LEGEND AND NOTES INDICATES FOUND MONUMENT AS DESCRIBED p INDICATES SET MONUMENT REBAR AND CAP L.S. 15710 INDICATES CONTROL POINT SURVEY ORIENTATION BASED ON SUBDIVISION CONTROL FLOODPLAIN LINE AND ELEVATIONS ARE FROM FIRM MAPPING DATED JUNE 4, 1987 ON PANEL 08097CO058 C. EASEMENTS SHOWN ARE FROM TITLE POLICY NO. 16867 ISSUED BY STEWART TITLE GUARANTY COMPANY DATED 7/20/89. NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT ON THIS PLAT WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS PLAT BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. THE CERTIFCCATION IS VOID IF NOT WET STAMPED WITH THE SEAL OF THE SURVEYOR. 0 hhDk 00 00 DA REBAR AND CAP <EXISTING BUILDING ENVELOPE// (PLAT BOOK 59 AT PAGE 53 hA � 70,262 SO FT + \- It O `I" I DEVELOPMENT ENVELOPE FOR LANDSCAPING i GRADING, REVEGETATION, POND AND DRIVt 1 8.393 ACRES 2.7 ACRES (PLAT BOOK 59 AT PAGE 53) +\ - REBAR AND CAP ' �_ _ _ _,-/ i \ ... CENTERLINE 40' R.O.W. � ®' BOOK 143 AT PAGE 345 << �G i \ 5 1 0V00 \ \ SECTION C*' SEE DETAIL 2 o. \ SEE DETAIL I 74" u(` \ �G REBAR \ y AND CAP \ 20' POWERLINE EASEMENT / BOOK 388 AT PAGE 825 \ GAS LINE BOOK 271 AT PAGE 724 Off' ha\ -y 00 10' ACCESS EASEMENT TO •00 ROARING FORK RIVER C NA CERTIFICATION OF�DpkD 'AN AND OWNERSHIP KNOW ALL MEN BY THESE PRESENTS THAT BEING THE SOLE OWNER OF CERTAIN LANDS IN PITKIN COUNTY, COLORADO, DESCRIBED in AS FOLLOWS: Q) LOT I MURRY LOW IMPACT SUBDIVISION, ACCORDING TO THE PLAT THEREOF 00 RECORDED NOVEMBER 20, 1991 IN PLAT BOOK 27 AT PAGE 75 AS RECEPTION NO. 338638. 3 ACCEPTANCE FOR RECORDING N THIS SITE PLAN FOR LANDSCAPING WAS ACCEPTED FOR RECORDING IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO AT O'CLOCK F.M. • ON TH DAY 2013. o N CLE RD R ;;06f M DISCLAIMER APPLICANT ACKNOWLEDGES THAT HE \SHE HAS BEEN INFORMED BY PITKIN COUNTY OF THE EXISTENCE OF ENVIRONMENTAL HAZARD AREAS THAT MIGHT AFFECT THE PROPERTY, ANY IMPROVEMENTS, AND THE USE AND OCCUPANCY THEREOF, THE PROVISIONS OF THE PITKIN COUNTY REGULATIONS DO NOT IN ANY WAY ASSURE OR IMPLY THAT AREAS OUTSIDE OF DESIGNATED HAZARD AREAS WILL BE FREE FROM HAZARDS, OR THAT APPROVED MITIGATION MEASURES WILL GUARANTY T SAF TY OF NY ERTY 01WRIMMART HEARING OFFICER APPROVAL THIS SITE PLAN FOR LANDSCAPING HAS BEEN REVIEWE A D APPROVED BY THE PITKIN COUNTY HEARING OFFICER THIS DAY OF SUBJECT TO HE ING OFF CER DETERMINATION N0. -RECORDED AS TION HE ARING FFF ICER 14' 10- RECEPTION #: 605267,10/31/2013 at 02:48 :44 PM, 1 OF 1, R $11.00 Janice K. Vos Caudill, Pitkin County, CO PLAT BK 104 PG 97 SECTION A %�\ + G� F� •o 5 SECTION B or 12' 12' 9y\ 7 \ \ 13' \ k *++ \Oh 9 2" 9 REMOVE 2 `8' 13 EXISTING SPRUCE �\ + h ►�j COLORADO BLUE /GREEN SPRUCE MULTI -STEM ASPEN NARROWLEAF COTTONWOOD JOB NAME: MURRY LOT 1 43290