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PO Box 481'. 417 Ongmal Road, Unit B Basalt, CO 8621 Phony (970) 927 4(W Pex t97019; 7 01A5 tomniasoons n =r July 18, 2013 Mike Kraemer Pitkin County Community Development Department 130 South Galena Street Aspen, CO 81611 RE: REQUEST FOR AN AMENDMENT TO AN EXISTING ACTIVITY ENVELOPE AND SITE PLAN - PARCEL ID #264511100001 Dear Mike: Please accept this letter as my clients' request to obtain an amendment to an Existing Activity Envelope and Site Plan for their property at 4104 Snowmass Creek Road. According to the Land Use Code ( "Code') we must provide a summary letter explaining the request, background information on prior approvals and permits, a draft amended Activity Envelope and Site Plan, and showing compliance with the Code Sections listed within the Pre - application Conference Summary. BACKGROUND INFORMATION The subject property for this request is a 36.8 -acre parcel of land located approximately 4 miles from Highway 82 on Snowmass Creek Road. Charlie Mountain, LLC (hereinafter the "applicant ") seeks this amendment to the existing activity envelope to place excavated materials from building construction on the property. The location of this deposition area, which is about 1.8 -acres in size, is an old riding ring in an existing agricultural filed. The excavated material will be compacted and shaped to replicate the existing topography and as a result will cover the flat area where the riding ring was located. The fill material will then be revegetated with native dryland pasture grasses. The use of the excavated material on site will benefit the property and surrounding community as follows: • It will allow excavated material to remain on site, reducing the number of trucks required to haul the material off -site; • It will reclaim an existing agricultural field that is adjacent to and visible from Snowmass Creek Road. land Use Planning - Pernnt Lxpeddluu - Pl Ulelt Management • Owne1 s Repiesenta[Uae • Intultnabvti Man4gtRnent 000001 O-P 0 -S LAND USE CODE SECTIONS TO BE ADDRESSED Sec. 2 -20 -150: Minor Amendment to a Development Permit The property has received land use approval, an Earthmoving Permit and a building permit for development of the property (See ATTACHMENT 2). The minor amendment will add approximately 1 -acre of agricultural field to the existing Activity Envelope. ATTACHMENT 3 is a proposed activity envelope and site plan amendment showing the additional acre of area requested. Also shown is the topography of the area before and after the old riding ring is filled in with excavated material. A minor amendment to any development permit must meet the following criteria: 1) Is consistent with the actions taken during previous development approvals for the property. The proposed amendment does not alter the actions previously taken and is consistent with the approvals granted, which are for residential and agricultural use. 2) Does not change the use of the proposed development between residential, commercial and tourist accommodation uses. The use of the property will remain residential and agricultural under the proposed amendment. 3) Does not change the basic character of the proposed use of land on which the activity occurs, including basic visual appearance and method of operation. The land will remain as an agricultural field; however the former riding ring will be eliminated and replaced with pasture. 4) Does not constitute a new land activity. Agricultural activities on the land is not new, having been engaged in for at least the past two decades. 5) Does not increase off -site impacts in the surrounding neighborhood. The proposed use will actually reduce impacts by allowing excavated materials from home construction to remain on site. CHARLIE MOUNTAIN, LLC, AMENDMENT TO AN ACTIVITYENVELOPE ID R2645 -s -w-aci 000002 6) Does not endanger the public health, safety or welfare. When completed, the agricultural field will not present any dangers to the general public. 7) Does not violate any Land Use Code standard. No land use standards appear to be violated by this request. The area to be filled is on a relatively flat pasture. The work will be conducted in a manner that will comply with all applicable standards, such as grading and revegetation. Below is our response to the applicable land use standards, including Sections 7- 20 -10: Site Preparation and Grading; Section 7- 20 -20: Steep and Potentially Unstable Slopes; Section 7 -20 -120: Scenic View Protection; and 7 -20 -130: Landscaping and Vegetation Protection. 8) Does not substantially increase the need for on -site parking or utilities, or affect affordable housing generation. The proposed improvements will not require additional employees, will not require additional parking, and will not require utilities. 9) Does not increase floor area of the use by more than five percent or decrease the open space on the site by more than five percent. No additional floor area is requested. The open space will remain the same, albeit in a slightly different configuration (pasture vs. open -air riding ring). Section 7- 20 -10: Site Preparation and Grading (a) Grading and Fill Placement Grading and fill placement is anticipated on the site. The amount of excavation and fill is approximately 5,000 cubic yards. Excavated material from site grading and building excavation will be placed in the depression created by the old riding ring, compacted and revegetated. (b) Clearing, Grubbing, and Vegetation Removal All clearing, grubbing and vegetation removal will occur within the approved Activity Envelope, and will consist of removing field grass. CHARLIE MOUNTAIN, LLC, AMENDMENT TO AN ACTIVITY ENVELOPE ID #2645 -ss -oo- 000003 (c) Tree Removal and Mitigation There are no trees located within the proposed expansion of the Activity Envelope. (d) Protection of Natural Terrain The applicant agrees to implement appropriate design and construction techniques to lessen and mitigate the physical and visual damage to the site as follows: (1) REVEGETATION Revegetation efforts will utilize native or similar horticultural material, and will be completed during the first planting season after construction; where vegetation is removed, it will be replaced with vegetation that will reach similar density and height to that removed within two (2) years following conclusion of construction. (2) TOPSOIL No topsoil will be removed. (3) WEED PREVENTION The existing site is weed -free. To prevent possible weed infestation, seed mix used in revegetation efforts will be certified as weed -free and revegetation efforts will be put in place as soon as possible after disturbance. (4) UTILITY INSTALLATION No utility instaliation will take place. (5) EROSION, SEDIMENTATION, AND STORMWATER MANAGEMENT Disturbance of ground vegetation shall be limited to the area immediately around the old riding ring. Stormwater management practices will be utilized to prevent off -site erosion of filled material. Section 7- 20 -20: Steep and Potentially Unstable Slopes The Proposed Activity Envelope does not contain areas where side slopes exceed 30 %. CHARLIE MOUNTAIN, LLC, AMENDMENT TO AN ACTIVITY ENVELOPE ID #2646-,,, -o wi Section 7 -20 -120: Scenic View Protection The standards in this section of the Land Use Code are designed to minimize the visual impact of new development when viewed from designated road corridors, as well as to preserve the rural character of all Rural Areas of the county. After reviewing the Scenic Protection Area Maps at the Pitkin County Community Development Department, it appears that the subject property is located in a designated Scenic Protection Area, as it is a parcel of land that is proximate to and most visible from a specific road listed in the Land Use Code, the Snowmass Creek Road. Since the property is located within a designated Scenic Protection Area, and is located within a rural area of the County, the proposed development is subject to the Development Standards cited within this section of the Land Use Code. We believe that the site placement and design for the fill area conforms to the intent of the Scenic Protection Standards. The fill will bring the existing agricultural field back to its original topography prior to excavation for the riding ring. The area will then be reclaimed and revegetated as a part of the agricultural field. Section 7 -20 -130: Landscaping and Vegetation Protection The purpose of this code regulation is to preserve existing vegetation on development sites to the maximum extent consistent with the permitted development; 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. The criteria are as follows: (1) PROTECTION OF NATURAL VEGETATION 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). The natural vegetation within the amended part of the Activity Envelope consists exclusively of field and pasture grasses. All existing vegetation shall be preserved to the maximum extent possible, and new vegetation proposed for the development will utilize naturally occurring species and shall be shown on a site plan submitted during Earthmoving Permit approval. (2) CONFORMANCE WITH WILDFIRE REGULATIONS In the event the provisions of this Sec. 7 -20 -130 conflict with any provisions of CHARLIE MOUNTAIN, LLC, AMENDMENT TO AN ACTIVITYENVELOPE ID #2645 -ss -o wx 000005 Sec. 7- 20 -60, as those requirements may be varied by a wildfire expert approved by the County, the provisions of Sec. 7 -20 -60 shall govern. All activities required for conformance with wildfire regulations will be followed. (3) BERMS Berms may be incorporated into any required landscaping, buffering, or screening area, provided that the County determines, during the development approval process, that the proposed berms will not cause drainage or erosion problems. No installed berm shall have a slope of greater than four -to one (4:1), nor a height greater than four (4) feet above grade. No berms are proposed in the amended Activity Envelope area. (4) LANDSCAPE ENCLOSURES Landscaping shall not be used to mark 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, and /or 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. No landscape enclosures are proposed in the amended Activity Envelope area. (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. Visibility clearances will not be impacted by improvements within the amended Activity Envelope area. (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. CHARLIE MOUNTAIN, LLC, AMENDMENT TO AN ACTIVITYENVELOPE ID #2645-=-w-vox 6 000006 No utility easements encroach upon the proposed Activity Envelope. (7) FINANCIAL SECURITY The Community Development Department may require financial security in a form acceptable to the County Attorney to ensure completion of installation of all required landscaping and /or successful establishment of plants. Financial security shall be submitted if required during the Earthmoving Permit approval process. (8) MAINTENANCE All plants shall be maintained continually in a healthy condition in accordance with generally accepted professional horticultural standards and practices. Within areas required to be landscaped with installed plant materials, plants that die or are unhealthy shall be replaced. Landscape areas shall remain free of weeds, litter, junk, rubbish and other nuisances and obstructions. Maintenance of planted vegetation is in the best interests of the property owner and will be conducted after planting is complete. Required Landscaping in Rural Areas: (1) Landscaping is required for the following purposes: (1) to screen satellite dishes and other telecommunications equipment when located within five hundred (S00) feet of adjacent public roads and visible from such roads, and (ii) to screen parking areas and service areas when viewed from adjacent public roads, (iii) where necessary to comply with the standards of Section. 7 -20- 70, 7- 20 -80, or 7 -20 -120, and (iv) to revegetate disturbed areas. (2) Landscape treatments 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 Sections 7- 20 -70, 7- 20 -80, or 7 -20 -120 require a different treatment. The above stated landscaping criteria for rural areas refer to satellite dishes and trees and shrubs, none of which are proposed in the amended Activity Envelope area. CHARLIE MOUNTAIN, LLC, AMENDMENT TO AN ACTIVITYENVELOPE ID #26 45- 2ss -W -o 000 007 SUMMARY Based on the information submitted in this letter, we believe that the proposed amendment to the existing Activity Envelope is in compliance with all applicable standards of the Land Use Code. Thank you for considering this request. If you have any questions or requests for additional information, please contact me at 927 -4645 or tomn@sopris.net. Sincerely, Tom Newland, Newland Project Resources, Inc. ATTACHMENT 1 Pre - Application Conference Summary ATTACHMENT 2 Land Use Approvals for the Property ATTACHMENT 3 Proposed Amendment to the recorded Site Plan for the Property ATTACHMENT 4 Proof of Ownership for the parcel ATTACHMENT 5 Parcel Description, legal description and Vicinity Map ATTACHMENT 6 Signed Agreement Form ATTACHMENT 7 Consent for Owner to process application and authorizing the representative CHARLIE MOUNTAIN, LLC, AMENDMENT TO AN ACTIVITYENVELOPE ID #2645 -u -o wi 00UO08 ATTACHMENT Pre - Application Conference Summary Sheet PITKIN COUNTY PRE- APPLICATION CONFERENCE SUMMARY LOCATIONS: 4104 Snowmass Creek Road PID #: 264511100001 ZONING: RS -30 OWNER: Charlie Mountain LLC REPRESENTATIVE: Tom Newland PHONE and EMAIL: 618 -9922; tomnasopris.net DATE: April 10, 2013 PLANNER: Mike Kraemer, 920.5482 Type of Application: Minor Amendment to a Development Permit Description of Project/Development: The Applicant is requesting to amend a previously approved Activity Envelope to waste dirt from excavation and re -grade an area just south of the access driveway. Land Use Code Sections to be addressed in letter of request (application): Sec. 2 -20 -150: Minor Amendments to a Development Permit Staff will refer the application to the following agencies: Snowmass /Capital Caucus. Review by: Community Development Director Public Hearing: No. FEES: FEES: $961 (make check payable to "Pitkin County Treasurer ") • Planning Office flat fee: $936 (non - refundable; based on 3 hours of staff time for review); if staff review time exceeds 3.6 hours, the Applicant will be charged for additional time above 3 hours at a rate of $312 /hour) To apply, submit 1 unbound copy of the following information, unless noted otherwise: 1. Summary letter explaining the request, providing background on prior approvals and permits, and addressing compliance with the Code sections listed above. 2. 24" by 36" and I I" by 17" Amended Activity Envelope as designated in Section 2. 1.1 of the Pitkin County Land Use Application Manual; 3. Previous Land Use Approvals; 4. Scenic View Protection Exhibits as designated in Section 2.1.12 of the Pitkin County Land Use Application Manual; 5. Disclosure and proof of ownership of the property, consisting of a current certificate from a title insurance company or attorney licensed to practice law in the State of Colorado, listing the names of all owners of the property and all mortgagees, judgments, liens, easements, contracts and agreements affecting use and development of the parcel and proof of the owner's right to use the land for the purposes identified in the development application. 6. Parcel description, including legal description and vicinity map; 7. Total fee for review of the application; 8. Signed fee agreement (1 copy); 9. Consent from owner(s) to process application and authorizing the representative (1 copy) 10. Copies of this pre -app form CHARLIE MOUNTAIN, LLC, AMENDMENT TO AN ACTIVITYENVELOPE ID #2645 - = -a wi 000009 NOTES: 'r PLEASE SUBABTONE UNBOUND AND ONE -SIDED COP) OFF}OURCOAAPLETEAPPLICATION PLEASE SLBMITTWO.SIDED COPIES OFALL REAJAININGC'OPIES OF IOURAPPLICATION(IFPOSSIBLF). THE PARCEL IDs SHOULD BE INCL UDED ON.9LL DO('IIAIEN7S IN('L I IDED I,V POI ,R APPLI('ATION > ALL MAPS SHALL BE FOLDED, Y This pre - application conference summary is advisory in nature and not binding on the CounlY The information provided in this summary is based on current zoning standards and staffs interpretations based upon representations of the applicant Additional information inav be required upon a complete review of the application. Y The Pitkin County Land Use Code and Application Manual is available on -line at: hill): '.' In nr. aspenpitkin. COm' Deport naents 'C'omnunritl'- Derelnpmelu- Pitkin- C'otmtr. PlanninQ- and- Zollin.'Land- Use, CHARLIE MOUNTAIN, LLCM AMENDMENT TO AN ACTIVITYENVELOPE ID #2645 -=ii-m -ooh OOU010 10 ATTACHMENT 2 Land Use Approvals for the Property CHARLIE MOUNTAIN, LLC, AMENDMENT TO AN ACTIVITY ENVELOPE ID #2645 - 122- oo -ooi ®00-011 11 RECEPTION #: 594118,11/2012012 at 02:39:39 PM, 1 OF 5, R $0.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITIHN COUNTY, COLORADO, GRANTING APPROVAL FOR THE CHARLIE MOUNTAIN LLC PARCEL A AND PARCEL B ACTIVITY ENVELOPE, SITE PLAN, SPECIAL REVIEW FOR A TDR RECEIVER SITE, SPECIAL REVIEW FOR A CARETAKER DWELLING UNIT, DESIGNATION TO THE HISTORIC REGISTER, AND SUBDIVISION EXEMPTION FOR A LOT LINE ADJUSTMENT BOCC Resolution No.Qjf -2012 Recitals Charlie Mountain LLC ( "hereafter the Applicann has applied to the Pitkin County Board of County Commissioners (`BOCC ") for a one step Activity Envelope, Site Plan Review, Special Review for a TDR Receiver Site, Special Review for a Caretaker Dwelling Unit (CDU), Special Review for Historic Designation, and Subdivision Exemption for a Lot Line Adjustment. 2. The purpose of this application is to redevelop two (2) separate, but contiguous parcels that contain existing single family residences. The parcels' boundaries have been proposed to be adjusted to create "Parcel A" and "Parcel B" to accommodate the proposed developments. Parcel A is proposed to contain a 2,300 square foot free market residence, 1,000 square foot detached CDU, and a 2,810 square foot exempt barn. Parcel B is proposed to contain an 8,190 square foot residence and a pavilion. 3. Parcel A is located at 4100 Snowmass Creek Road. Parcel B is located at 4104 Snowmass Creek Road. (Legal Descriptions for the new parcel boundaries are located on the BOCC approved Lot Line Adjustment Plat Recorded at BK /D/ PG S at Reception No. 3,9r/111/ ). Parcel A - PID #: 264511100002. Parcel B - PID#: 264511100001 4. The BOCC heard this application at a duly noticed public hearing on June 13", 2012, at which time evidence and testimony were presented with respect to this application. 5. The BOCC funds that the proposal demonstrates compliance with Activity Envelope and Site Plan Review. The proposed development on Parcels A and B has been clustered into a ranch compound and will be developed on the least visible portion of the property as viewed from Snowmass Creek Road and Watson Divide Road. 6. The BOCC further finds that a CDU can be constructed on the property in accordance with the Special Review criteria of the Code. BOCC further finds that the milking barn does have historical significance but is not sufficiently significant to receive the requested incentive for additional floor area. The Applicant has committed to designate the Milking Barn to the Historic Register even though incentives will not be granted. 7. The BOCC further finds that Parcel B is appropriate for use of a TDR for development of up to 8,250 square feet of residential floor area. 8. The BOCC further finds that it is appropriate, pursuant to Section 2- 20 -10 {e) of the Code, to require the Applicant to record a covenant prohibiting commercial agricultural activity on both parcels A and B because the resulting land use will be residential and not agricultural in character. r U012 i Resolution No. G10 -2012 Page 2 of 6 NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners that it hereby grants approval for the Charlie Mountain LLC Parcels A and B Activity Envelope, Site Plan, Special Review for a TDR Receiver Site, Special Review for a CDU, and Subdivision Exemption for a Lot Line Adjustment subject to the following conditions, which shall run with the lands and be binding on all successors in interest: 1. The Applicant shall adhere to all material representations made in the current or prior applications or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. 2. Prior to submission of any future 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 Applicant shall also record a Subdivision Exemption Lot Line Adjustment Plat in accordance with Section 2.1.13 of the Pitkin County Land Use Application Manual. The above referenced approvals shall be a condition precedent to finalization and recordation. 3. Prior to submittal of any permits, the Applicant shall submit for recording a covenant, acceptable to the Community Development Department and County Attorney, prohibiting commercial agricultural activities on both Parcel A and B. 4. Parcel A is limited to 4,310 square feet of residential floor area. Prior to submittal of any permits for Parcel A, the Applicant shall record a covenant acceptable to the County Attorney that acknowledges this floor area limitation on Parcel A. Parcel B is allowed to develop up to 8,250 square feet of floor area from a base of 5,750 square feet. A TDR shall be furnished for development up to 8,250 square feet at the time of building permit submittal. The Applicant shall make a concerted effort to attain the TDR from the Snowmass /Capitol Caucus area. In the event that a TDR is not reasonably attainable in the Saowmass/Capitol Caucus area due to market reasons, the Applicant shall document efforts made to attain the TDR and submit this information at building permit submittal. 6. At building permit submittal, the Applicant shall submit a covenant acceptable to the Community Development Director, designating the Milking Barn to the Pitkin County Historic register. This covenant shall require the Applicant to stabilize and maintain the Milking Barn in accordance with the Pitkin County Historic Preservation Guidelines. This covenant shall also acknowledge the Historic Preservation Officer's review and approval prior to commencement of any work on the structure. No incentives are associated with this designation. The Milking Barn shall not be habitable. The stabilization, repair, and preservation of the Milking Barn shall be completed prior to issuance of a Certificate of Occupancy for the main residence on Parcel B. 7. All structures on Parcels A and B shall utilize earth tone colors on facades and non - reflective roofing. If metal roofs are to be installed, the metal shall be made to have a patina prior to installation such that the roof is not reflective. 0 3u013 Resolution No. 490 -2012 Page 3 of5 A. Submit an earthmoving permit that identifies all areas disturbed by construction. The permit shall include a detailed revegetation plan that shows native vegetation in the area and tree mitigation for 6" d.b.h. trees that are removed. All revegetation shall occur within one growing season of the project's completion. Financial security for successful revegetation may he required. Best management practices shall be used to limit erosion and keep sedimentation on site. B. Submit a large scale construction management plan for review and approval by Planningl7oning showing the locations of staging, material storage and employee and construction traffic parking. C. Pay the applicable road impact fees. D. Pay the applicable affordable housing impact fee. E. Submit for an access permit for the new driveway that demonstrates compliance with the Pitkin County Asset Management Plan and Basalt and Rural Fire Protection District requirements. F. Submit a lighting plan in conformance with the Code. 9. Both Parcels A and B shall comply with the Art Hougland Wildfire Report as outlined in Attachment A. In addition: A. All structures that exceed 5,000 square feet shall install fire suppression sprinkler systems to the satisfaction of the Basalt and Rural Fire Protection District. B. The property shall have at least 6,000 gallons of dedicated water supply for fire suppression on site. C. Both parcels shall comply with all requirements of the Basalt and Rural Fire Protection District. 10. The Applicant shall comply with the following general conditions regarding wildlife: A. Manipulation of vegetation outside of the Activity Envelope is prohibited. B. Mesh or woven wire fences are prohibited. C. Wood rail fencing shall employ three (3) rails or less, be the round or split rail type, shall not exceed fifty -four (54) inches in height above ground level, and twelve (12) inches in width (top view), and shall have at least eighteen (18) inches between the lower two (2) rails. D. Wire fencing must be three (3) strands or less. The top wire should be a twelve - point -five (12.5) gauge twisted barbless type at a maximum height of forty -two (42) inches. The middle strands (which may be barbed) should be located a minimum twelve (12) inches apart and from the top wire preventing entanglement when mule deer jump over. The bottom strand should be sixteen (16) inches from the ground. E. Tall overly mature trees and standing dead trees (snags) should be retained at the one of two (2) to five (5) per acre whenever possible as nesting and perching habitat. F. Fruit bearing trees and shrubs shall be prohibited within the Activity Envelope. This does not include pre - existing native trees and shrubs. G. Access shall be provided to the Colorado Division of Wildlife for trapping, tagging, studying, or otherwise managing wildlife. H. Trash/garbage shall be kept in an approved bear resistant container or enclosure. These containers shall be accessible to and use at all times by contractors on site. I. Bird feeders, including hummingbird feeders, shall be hung away from any deck or window, and be at least ten (10) feet from the ground suspended between two (2) 000014 Resolution NoArf -2012 Page 4 of 5 trees or posts. All seed feeders shall include a seed catchment pan to catch discarded seed. J. Pet food shall not be left outside. K. All outside door shall utilized solid round handled doorknobs. L. Contractors shall not bring dogs on site during construction. 11. In addition, both Parcels A and B shall comply with additional following wildlife standards: A. Property owners' dogs or dogs of guests shall be leashed or restricted to a fenced enclosure. Dogs shall not be allowed to chase wildlife. B. All riparian vegetation east of the proposed development and along Snowmass Creek shall not be disturbed and shall be maintained for screening the development from elk and deer habitat areas across the Creek. 12. The detached CDU on Parcel A shall not exceed 1,000 net livable square feet of floor area, which shall count toward the total allowable floor area for the lot. The kitchen contains the following, as defined in the Aspen/Pitkin County Employee Housing Guidelines: a minimum of a two-bumer stove with oven, standard sink, and a refrigerator plus freezer. The oven must be able to bake and broil and be at least 5 cubic feet; the sink must measure at least 14 "WX16 "DX5.25 "H; refrigerator must be at least 5.3 cubic feet and include at least a .73 cubic foot freezer. The floor plan for the CDU shall be submitted to the County Housing Office for review. 13. Prior to issuance of a building permit for the CDU, the Applicant shall, by covenant, guarantee that the caretaker unit: a_ Shall not be required to be rented; b. Shall not be sold or otherwise conveyed or separated from the original parcel regardless of the ultimate form of ownership of the caretaker unit; c. Shall be limited to occupancy by not more than two adults and related children, who qualify as (and have been found by the.Housing Office to be) employees of the community under such guidelines as may be from time to time established, or members of the owner's immediate family, even though they may not qualify as employees of the community; d. Shall be rented for terms not less than 6 months if rented. 14. Upon completion of the CDU, but prior to issuance of the Certificate of Occupancy, County Housing Office staff shall be entitled to conduct an inspection of the CDU for compliance with the above - referenced requirements. 15. The caretaker dwelling unit restriction may be removed by the property owner upon approval of the Community Development Director, subject to the requirement that the dwelling is removed or modified. If modified, the remaining improvements must no longer be capable of occupancy as a dwelling unit and must meet otherwise applicable Code requirements. 16. The provisions of this regulation are for the purpose of providing a voluntary CDU on a legally created lot or parcel in the County. Any unit approved under this provision of the Pitkin County Land Use Code shall not be used for mitigation of employee housing requirements as established elsewhere in said Code. 17. At permit submittal, the Applicant shall show proof of a legal water source for the CDU. HUM Resolution No- Off -2012 Page 5 of 5 18. 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., § 2468 -105. The statutory vested rights granted herein shall expire on June _IZ_, 2015. 19. 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. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES on the 1 Ob day of May, 2012. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS IN THE ASPEN TIMES WEEKLY ON `S 16 - o2 / 2' APPROVED AND ADOPTED at the public hearing on the 13'k day of June, 2012. _ATTEST: APPROVED AS TO FORM: -- Johcy>; , County. Att6mey Case It P034 -12 PID #'s Parcel A: 264511100002 Parcel B: 264511100001 000016 BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO i rut • Chairman Date: !K' Dom' 5)L O/ 2- APPROVED AS TO CONTENT: Cindy Houben, Community Development Director RECEPTION #. 594123, 11/20!2012 at 03:04:24 PM, 1 OF 7, R $41.00 Doc Code COVENANTS Janice K. Vos Caudill, Pitkin County, CO COVENANT AGREEMENT FOR THE PRESERVATION OF HISTORIC RESOURCES THIS COVENANT AGREEMENT FOR THE PRESERVATION OF HISTORIC RESOURCES (this "Covenant Agreement ") is made as of &VemI r W , 2012, by Charlie Mountain, LLC, a Colorado limited liability company ("Declarant"), for the benefit of the Board of County Commissioners of Pitkin County, Colorado (the "County"). RECITALS A. Declarant holds title to a parcel of land located at 4104 Snowmass Creek Road, Snowmass, Colorado 81656, consisting of approximately 36.84 acres and more fully described in Exhibit A attached hereto, having Pitkin County Assessor Parcel No. 264511100001 ( "Parcel B "). Parcel B is contiguous to another parcel of Property also owned by Owner located at 4100 Snowmass Creek Road, Snowmass, Colorado 81656 and having Pitkin County Assessor Parcel No. 264511100002 ( "Parcel A "). B. One historic milking barn structure originally constructed by William H. Stiger (the "Historic Structure ") is located on Parcel B. The location of the Historic Structure is shown on the Charlie Mountain LLC Activity Envelope & Site Plan that is being recorded in conjunction with this Covenant Agreement. C. Declarant has received certain land use and development approvals for Parcel B (and an adjoining parcel) from the County as memorialized in Resolution No. Oa -2012 of the Board of County Commissioners of Pitkin County, Colorado, including approvals for Activity Envelope, Site Plan Review, Special Review for TDR Receiver Site, Special Review for a Caretaker Dwelling Unit, Special Review for Historic Designation, and Subdivision Exemption for a Lot Line Adjustment (the "Resolution "). As required by the Resolution, Declarant desires to designate the Historic Structure to the Pitkin County Historic Register and covenant to certain obligations in connection therewith. NOW, THEREFORE, Declarant declares and acknowledges that the following terms, covenants and conditions shall apply to Parcel B and shall be deemed to run with the land and be a burden and a benefit to Declarant and its successors and assigns and any person owning or acquiring interest in Parcel B and the improvements thereon, their grantees, successors, heirs, executors, administrators, devisees, or assigns: 1. Stabilization and Maintenance. Declarant hereby designates the Historic Structure to the Pitkin County Historic Register. Declarant shall stabilize and maintain the Historic Structure in accordance with the August 27, 2008, Pitkin County Preservation Handbook for Historic Properties ( "Handbook") and the U.S. Secretary of the Interior's Standards for the Treatment of Historic Properties, as amended from time to time and interpreted by the Pitkin County Historic Preservation Officer (the "Federal Standards "). It is understood that the intent is to stabilize and maintain the Historic Structure, not to rehabilitate or fully restore it to its condition as a milking barn. Declarant, at its sole cost, shall be responsible for the continued maintenance and administration of the Historic Structure in a manner that complies {A00204991 S i 000017 with the Handbook and the Federal Standards so as to maintain the architectural, historical, archaeological, cultural, and /or engineering integrity of its features, materials, appearance, and workmanship in order to protect and enhance those significant characteristics that qualify it for historic designation treatment. Declarant acknowledges that it is not receiving any Pitkin County Land Use Code historic benefits or incentives as a result of the historic designation of the Historic Structure. The stabilization of the Historic Structure shall be completed prior to issuance of the first certificate of occupancy for structures built on Parcel B. Maintenance shall continue thereafter in accordance with the terms of this Covenant Agreement. The scope of work for the stabilization of the Historic Structure shall be submitted to and approved by the Pitkin County Historic Preservation Officer in accordance with the Handbook. 2. Additions and Occupancy. There will be no additions to the Historic Structure and it shall not be used or occupied for residential dwelling purposes. 3. Landscaping. The existing native, natural vegetation allows the Historic Structure to be easily viewed from Snowmass Creek Road. No trees, vegetation or landscaping shall be installed which blocks the view of the Historic Structure from Snowmass Creek Road. 4. Stabilization Documentation. Declarant shall document the stabilization of the Historic Structure with photographs before and after completion of the stabilization work. Declarant has documented the history and existing condition of the Historic Structure with photographs and a written narrative of the William H. Stiger Ranch Application for Historic Designation dated April 2012. A copy of this documentation has been given to the Pitkin County Community Development Department and a copy will be given to the Aspen Historical Society and the Basalt Regional Heritage Society. 5. Exclusion. Declarant agrees that the County in no way assumes any obligation whatsoever for restoring, maintaining, repairing, or administering the Historic Structure. However, the County shall be entitled to enforce this Covenant Agreement as provided herein. 6. Inspection and Compliance. Declarant agrees that the County shall have the right to request inspection of the Historic Structure to assure compliance with this Covenant Agreement, which request Declarant shall not unreasonably deny. At least five (5) days' prior written notice of any requested inspection of the Historic Structure by the County shall be given pursuant to Section 12 of this Covenant Agreement. The purpose of such inspection shall be to ascertain whether the terms of this Covenant Agreement have been and are being met and to verify compliance with the terms of this Covenant Agreement. Declarant or its representative shall have the right to be present at any inspection conducted by the County pursuant to this Section. 7. Alterations. Declarant agrees that the Historic Structure shall be maintained in accordance with this Covenant Agreement, and no significant alterations that were not contemplated in the Resolution shall be made to the exterior or location of the Historic Structure without the approval of the Pitkin County Historic Preservation Officer. Declarant agrees that any alterations to the Historic Structure shall in accordance with the Handbook and the Federal Standards. Declarant further agrees that all approved alterations to the Historic Structure shall be tAO020499 i 5 ; 2 00u01B in the spirit of contributing to the public purpose of protecting the Historic Structure in conformance with the Handbook. 8. • Standards for Review. Review and approval of any proposed construction, alteration, rehabilitation or relocation of the Historic Structure shall be evaluated by the Pitkin County Historic Preservation Officer in accordance with the Handbook. 9. Continuation After Casualty. In the event that any component part or parts of the Historic Structure are destroyed or substantially damaged through no willful action or negligence of the Declarant, and only if it is jointly determined by Declarant and the County that the affected Historic Structure is to be preserved and not removed, all obligations contained in this Covenant Agreement shall continue unabated. In the event that the Historic Structure or any part thereof is damaged or destroyed through the willful action or negligence of Declarant, the County may initiate such administrative or judicial actions as it deems to be legally available and appropriate. 10. Reserved Rights of Declarant. Declarant shall have all rights to utilize the Historic Structure in any manner not specifically limited or restricted by this Covenant Agreement and that is not materially detrimental to the purposes of this Covenant Agreement. 11. Floor Area Exemption. The County acknowledges that the floor area of the Historic Structure is exempt from the GMQS /floor area limitations contained in the Pitkin County Land Use Code because the Historic Structure is a barn as defined in the Pitkin County Land Use Code and also because the Historic Structure is a designated historic structure pursuant to the Pitkin County Land Use Code. 12. Notices. Any notice, consent or approval which is required to be given hereunder shall be given by certified mail, return receipt requested, properly addressed and with postage fully prepaid. All such notices shall be effective seven (7) days following the date the notice was deposited in the U.S. Mail or faxed. Any such notice to Declarant shall be sent to Declarant's address on file with the Pitkin County Assessor's office. Any such notice to the County shall be sent to the attention of the Cormnunity Development Director. 13. Real Covenants. The provisions of this Covenant Agreement shall constitute covenants that run with the title to Parcel B for the benefit of the County and shall be binding on Declarant and its successors, transferees and assigns in perpetuity unless terminated by written agreement of Declarant and the County. Each and every conveyance of the Parcel B shall be deemed to include and incorporate by this reference the covenants herein contained, even without reference therein to this Covenant Agreement. 14. Enforcement. This Covenant Agreement shall be enforceable in the courts of the State of Colorado. In the event an action to enforce this Covenant Agreement is brought, the party or parties which substantially prevail in any such enforcement action shall be entitled to recover from the non - prevailing party(ies) the full cost of such action (including reasonable attorneys' fees and costs). The County may enforce the terms of this Agreement through actions for damages or injunctive relief for both. If Declarant fails to maintain the Historic Structure in accordance with the terms of this Covenant Agreement, then following written notice of such failure to Declarant and Declarant's failure to cure such matter within a reasonable time, the two0204W i s I 3 OOUO19 County shall have the right to fix and repair the Historic Structure consistent with the standards of this Covenant Agreement and collect the costs from the Declarant for such repairs. Failure of the County to exercise any right or remedy granted under this Covenant Agreement shall not be a waiver of any breach of this Covenant Agreement or its rights or remedies to enforce this Covenant Agreement; provided, however, after notice of a violation pursuant to Section 1212, if the County fails to enforce a provision of this Covenant Agreement for five years it waives its right to do so. 15. Severability. Whenever possible, each provision of this Covenant Agreement shall be interpreted in such a manner as to be valid under applicable law; but if any provision of this Covenant Agreement shall be invalid or prohibited under said applicable law, such provision shall be ineffective to the extent of such invalidity or prohibition without invaliding the remaining provisions of this Covenant Agreement. 16. Choice of Law. This Covenant Agreement and each and every related document are to be governed and construed in accordance with the laws of the State of Colorado. 17. Section Headings. Paragraph or section headings within this Covenant Agreement are inserted solely for convenience of reference, and are not intended to, and shall not govern, limit or aid in the construction of any terms or provisions contained herein. 18. Waiver. No claim of waiver, consent or acquiescence with respect to any provision of this Covenant Agreement shall be valid against any party hereto except on the basis of a written instrument executed by the parties to this Covenant Agreement and except as specifically provided herein. However, the party for whose benefit a condition is inserted herein shall have the unilateral right to waive such condition. 19. Further Actions. The parties to this Covenant Agreement agree to execute such further documents and take such further actions as may be reasonably required to carry out the provisions and intent of this Covenant Agreement. 20. Amendment. The parties to this Covenant Agreement agree that any modifications of this Covenant Agreement shall be effective only when made by writings signed by both parties and recorded with the Clerk and Recorder of Pitkin County, Colorado. [remainder of page intentionally blank] {A0020499 / 5 } 4 UOU020 IN WITNESS WHEREOF, Declarant has executed this Covenant Agreement as of the date set forth below. Declarant: CIIARLIE MOUNTAIN, LLC, a Colorado limited liability commpan By: C Nam ohnson Title. orney-in -Fact ( r`eption No. 592340) STATE OF COLORADO ss. COUNTY OF PITKIN ) �Ayt The foregoing instrument was acknowledged before me this 'k day of September, 2012, by J. Bart Johnson as Attorney -in -Fact for Charlie Mountain, LLC, a Colorado limited liability company. Witness my hand and official seal. mission expires: NOTARY PUSX00' NOTARY PUBLIC {A0020499 t 5 } 0O0021 Accepted and agreed to by the Board of County Commissioners: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By: ,[ (ll t 6Ld Title: - /2 APPROVED AS TO FORM: Co unity D- evelopment Director {A0020499 / 5 } 000022 Exhibit A Legal Description of Parcel B Parcel B, according to the Charlie Mountain, LLC Subdivision Exemption & Lot Line Adjustment Plat recorded in connection herewith in the Office of the Clerk & Recorder of Pitkin County, Colorado. COUNTY OF PITKIN STATE OF COLORADO ;A0020499 / 5 } 000023 RECEPTION #: 594122, 1112012012 at 03:04:23 PM, 1 OF 5, R $31.00 Doc Code COVENANTS Janice K. Vos Caudill, Pitkin County, CO RESTRICTIVE COVENANT PROHIBITING COMMERCIAL AGRICULTURAL USES This R trictive Covenant Prohibiting Commercial Agricultural Uses (this "Covenant') is made as of y d 2012 by CHARLIE MOUNTAIN, LLC, a Colorado limited liability company (the "Owner "), for the benefit of the Board of County Commissioners of Pitkin County, Colorado (the `BOCC "). Recitals A. The Owner holds title to two contiguous parcels of land located at 4100 and 4104 Snowmass Creek Road, Snowmass, Colorado 81656, consisting of approximately 73.2 acres and more fully described in Exhibit A attached hereto, having Pitkin County Assessor Parcel Nos. 264511100001 and 264511100002 (together, the "Property"). B. The Owner has received certain land use and development approvals for the Property from Pitkin County as memorialized in Resolution No. f�1 -2012 of the BOCC, including approvals for Activity Envelope, Site Plan Review, Special Review for TDR Receiver Site, Special Review for a Caretaker Dwelling Unit, Special Review for Historic Designation, and Subdivision Exemption for a Lot Line Adjustment. C. • As a part of its consideration of the request for development approval, the BOCC determined that the valuation of the Property and the improvements planned for the Property will be significantly higher relative to the value of any agricultural products produced and that it is unlikely that the Owner will generate enough revenue from commercial agricultural activities to sustain a viable agricultural operation. Therefore, the development approval changes the primary and fundamental use of the land from being primarily agricultural. As a condition of development approval, the BOCC is requiring the Owner to record a covenant prohibiting commercial agricultural activity. NOW, THEREFORE, the Owner declares and acknowledges that the following terms, covenants and conditions shall apply to the Property and shall be deemed to run with the land and be a burden and a benefit to the Owner and its successors and assigns and any person owning or acquiring interest in the Property and the improvements thereon, their grantees, successors, heirs, executors, administrators, devisees, or assigns: 1. The Owner hereby places a perpetual covenant on the Property prohibiting commercial agricultural activities, meaning any activities occurring on the Property or the use of the Property, including farming or ranching conducted for profit, which would cause the Property to be classified as "agricultural land" as defined pursuant to Title 39, Colorado Revised Statutes (the "Property Tax Statute "). The foregoing covenant shall not preclude or prevent any agricultural activities from being conducted on the Property so long as: (a) the Owner does not apply to have the Property classified as "agricultural land" under the Property Tax Statute; and (b) the Property is not classified as "agricultural land" under the Property Tax Statute as a result of such activities, even if the Owner does not apply for such classification. {A0020473 / 4 ) 0O 024 2. At the request of the Owner, this Covenant may be released by the BOCC if the circumstances which originally caused this Covenant to be required were to change. These circumstances are described in Recital C above and the factors used to determine said circumstances are defined in Section 2- 20 -10(e) of the Pitkin County Land Use Code. 3. The provisions of this Covenant shall constitute covenants that run with the title to the Property for the benefit of the BOCC. Each and every conveyance of the Property shall be deemed to include and incorporate by this reference the covenants herein contained, even without reference therein to this Covenant. 4. This Covenant shall be enforceable by the BOCC by any appropriate action, legal or equitable, including but not limited to judicial relief in the form of an injunction. 5. In the event that the parties resort to litigation with respect to any or all of the provisions of this Covenant, the prevailing party in such litigation shall be entitled to receive, in addition to any other appropriate remedies, an award in the amount of its reasonable attorneys' fees and legal expenses incurred in such action. {A0020473 / 4 } 000025 [remainder of page intentionally blank] IN WITNESS, WHEREOF, the Owner of the Property has executed this Covenant as of the date set forth below. OWNER: CHARLIE MOUNTAIN, LLC, a Colorado limited liability compar IN No. 592340) STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this 20th day of November, 2012, by J. Bart Johnson as Attorney -in -Fact for Charlie Mountain, LLC, a Colorado limited liability company. {A0020473/41 000026 Witness my hand and official seal. My commission expires: i i TARY PUBLIC 3 Accepted by the Board of County Commissioners: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO jj �) Title: o the Board \ APPROVED AS TO FORM: ra �ti C C�cw�� C { Cont�tunity Development Director <' ._ a I1y e John M, El Pitkin u ttorney {A0020473 / 4 } 000021 EXHIBIT A Legal Description Parcel A and Parcel B, according to the Charlie Mountain, LLC Subdivision Exemption & Lot Line Adjustment Plat recorded in connection herewith in the Office of the Clerk & Recorder of Pitkin County, Colorado. COUNTY OF PITKIN STATE OF COLORADO {A0026473 /41 00U028 A -1 RECEPTION #: 594124,11/2012012 at 03:04:25 PM, 1 OF 5, R $31.00 Doc Code COVENANTS Janice K. Vos Caudill, Pitkin County, CO RESTRICTIVE COVENANT ACKNOWLEDING LIMITATION OF FLOOR AREA This Restrictive Covenant Acknowledging Limitation of Floor Area (this "Covenant ") is made as of 7 G6yx K 6r✓ Tc 12012 by CHARLIE MOUNTAIN, LLC, a Colorado limited liability company (the "Owner "), for the benefit of the Board of County Commissioners of Pitkin County, Colorado (the "BOCC "). Recitals A. The Owner holds title to a parcel of land located at 4100 Snowmass Creek Road, Snowmass, Colorado 81656, consisting of approximately 36.36 acres and more fully described in Exhibit A attached hereto, having Pitkin County Assessor Parcel No. 264511100002 ( "Parcel A "). B. The Owner has received certain land use and development approvals for the Parcel A (and an adjoining parcel) from Pitkin County as memorialized in Resolution No. D�- 2012 of the BOCC, including approvals for Activity Envelope, Site Plan Review, Special Review for TDR Receiver Site, Special Review for a Caretaker Dwelling Unit, Special Review for Historic Designation, and Subdivision Exemption for a Lot Line Adjustment. C. As a part of its consideration of the request for development approval, the BOCC has required that the residential floor area on Parcel A be limited to 4,310 square feet. Therefore, the development approval for Parcel A reduces the amount of residential floor area typically allowed under the Pitkin County Land Use Code, and as a condition of development approval, the Owner is required to record this Covenant acknowledging the floor area limitation. NOW, THEREFORE, the Owner declares and acknowledges that the following terms, covenants and conditions shall apply to Parcel A and shall be deemed to run with the land and be a burden and a benefit to the Owner and its successors and assigns and any person owning or acquiring interest in Parcel A and the improvements thereon, their grantees, successors, heirs, executors, administrators, devisees, or assigns: 1. The Owner hereby acknowledges and covenants that the amount of residential floor area that may be developed on Parcel A is limited to 4,310 square feet. The term "floor area" as used in this Covenant has the meaning given for it in the Pitkin County Land Use Code. The term residential floor area as used in this Covenant does not apply to agricultural structures such as barns to the extent they are exempt from the floor area limitations contained in the Pitkin County Land Use Code. 2" The provisions of this Covenant shall constitute covenants that ran with the title to Parcel A for the benefit of the BOCC. Each and every conveyance of Parcel A shall be deemed to include and incorporate by this reference the covenants herein contained, even without reference therein to this Covenant. (A0020476 / 3 } 000029 3. This Covenant shall be enforceable by the BOCC by any appropriate action, legal or equitable, including but not limited to judicial relief in the form of an injunction. 4. In the event that the parties resort to litigation with respect to any or all of the provisions of this Covenant, the prevailing party in such litigation shall be entitled to receive, in addition to any other appropriate remedies, an award in the amount of its reasonable attorneys' fees and legal expenses incurred in such action. [remainder of page intentionally blank; signature page follows] IA0020476 I3 ) 000030 IN WITNESS WHEREOF, the Owner has executed this Covenant as of the date set forth below. [Vr0 CHARLIE MOUNTAIN, LLC, a Colorado limited liability comp By: Na ey n -son ceptionNo.592340) Tt Fact STATE OF COLORADO ss. COUNTY OF PITKIN ) yi4v The foiegoing instrument was acknowledged before me this *day of September, 2012, by J. Bart Johnson as Attorney -in -Fact for Charlie Mountain, LLC, a Colorado limited liability company. Witness my hand and official seal expires: :RY d STa.;: r0y NOTARY PUBLI 000031 ;A0020476/3 } Accepted by the Board of County Commissioners: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Title: to the Board //,)(1(06 - +c- c � S APPROVED AS TO FORM: Comr unit�y Development Director c .- � lL,. {A0020476 / 3 1 000032 EXHIBIT A Legal Description of Parcel A Parcel A, according to the Charlie Mountain, LLC Subdivision Exemption & Lot Line Adjustment Plat recorded in connection herewith in the Office of the Clerk & Recorder of Pitkin County, Colorado. 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HOPKINS AVE. 3RD FLOOR ASPEN, COLORADO 81611 970 - 925 - 1766 -PHONE 970 - 925 - 6527 -FAX 877 - 217 - 3158 -TOLL FREE E -MAIL ADDRESS: TITLE MATTERS: CLOSING MATTERS: Tom Twitchell - (tomt @sopris.net) TJ Davis - (tjd @sopris.net) Joy Higens - (joy @sopris.net) Issued By WESTCOR LAND TITLE INSURANCE COMPANY Home Office: 201 N. New York Avenue, Suite 200 Winter Park, FL 32789 Telephone (407) 629 -5842 000046 WESTCOR LAND TITLE INSURANCE COMPANY ALTA Commitment Form (6- 17 -06) COMMITMENT FOR TITLE INSURANCE ISSUED BY WESTCOR LAND TITLE INSURANCE COMPANY Westcor Land Title Insurance Company, a California Corporation, ( "Company'), for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all sulject to the provisions of Schedule A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company. All liability and obligations under this Commitment shall cease and terminate within six (6) months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. IN WITNESS WHEREOF, WESTCOR LAND TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed and these presents to be signed in facsimile under authority of its by -laws on the date shown in Schedule A. Issued By: Countersigned: Eo- 91 ar Authorized Signature CO 1045 * * Pitkin County Title, Inc. 601 E. Hopkins #3 Aspen, CO 81611 U00U47 1:YBLIC4101 aWRIZI171YYIgaG6YII.ZV[11K411 3 1Z1112VY BRA Tr.�s By' nti C 10�/V 6 esideN umni 7 �k rse e Attest: f yizge�et.� Secretary CONDITIONS AND STIPULATIONS 1. The term "mortgage ", when used herein, shall include deed of trust, trust deed or other security instrument. 2. If the Proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the Proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien or encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named Proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the Proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the Proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause .411 arbitrable natters when the ,4mozint of Insurance is $2, 000, 000 00 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You mail review a copy of the arbitration rules at http »wwrr alto otg UUUU48 COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1 Effective Date: January 16, 2012 at 8:00 AM Case No. PCT23303V 7 2. Policy or Policies to be issued. (a) ALTA Owner's Policy- (6/17/06) Amount$ 5,600,000 00 Premium$ 9,410.00 Proposed Insured Rate. Standard CHARLIE MOUNTAIN, LLC, A COLORADO LIMITED LIABILITY COMPANY (b) ALTA Loan Policy- (6/17/06) Amount$ 0.00 Premium$ 0.00 Proposed Insured: Rate (c) ALTA Loan Policy- (6/17/06) Amount$ Premium$ Proposed Insured: Rate: 3. Title to the FEE SIMPLE estate or Interest in the land described or referred to in this Commitment Is at the effective date hereof vested in. IDA V. PABST, AND HER SUCCESSORS, AS TRUSTEE OF THE IDA V PABST LIVING TRUST DATED OCTOBER 18, 1995, AS TO PARCEL A AND IDA V. PABST LIVING TRUST DATED 10/18/95, AS TO PARCEL B 4. The land referred to in this Commitment Is situated in the County of PITKIN State of COLORADO and is described as follows See Attached Exhibit "A" PITKIN COUNTY TITLE, INC 601 E HOPKINS, ASPEN, CO 81611 970 - 925 -1766 Phone /970- 925 -6527 Fax 877 - 217 -3158 Toll Free AUTHORIZED AGENT Countersigned: 000049 Schedule A -PGA This Commitment is Invalid unless the Insuring Provisions and Schedules A and B are attached. EXHIBIT "A" LEGAL DESCRIPTION PARCEL A That parcel of land previously described in Reception No. 543865 of the Pitkin County Records, said parcel of land being situated in Sections 11 and 12, Township 9 South, Range 86 West of the 6th P.M., said parcel being more particularly described as follows' Beginning at a point whence a G.L O. Brass Cap at the Southeast Corner of said Section 11, Township 9 South, Range 86 West of the 6th P M bears S.33 °26'16 "E. a distance of 1710.45 feet, thence more or less along the centerline of the county road, also being at the easterly line of the Davis /Donnelley Lot Split, as shown on the final plat thereof, recorded as Reception No. 339715 of the Pitkin County records, the following five (5) courses and distances: 1 N.18 °53'47"W. a distance of 266.99 feet, 2. 214.33 feet along a curve to the right, having a radius of 644.95 feet, a central angle of 19 °02'28 ", the chord of which bears N.09 022'34 "W. a distance of 213.35 feet; 3. N.00 °08'39 "E. a distance of 278.66 feet; 4. 399.90 feet along a curve to the right, having a radius of 7470.90 feet, a central angle of 03 004'01 ", the chord of which bears N 01 °40'39" E. a distance of 399.86 feet, 5. N.03 012'40 "E. a distance of 209.04 feet to the northeast corner of said Davis /Donnelley Lot Split; thence more or less along the centerline of said county road, the following three (3) courses and distances: 1. 622.39 feet along a curve to the left, having a radius of 1100.00 feet, a central angle of 32 °25'06 ", the chord of which bears N.12 °59'53 "W. a distance of 614 12 feet; 2. 333.20 feet along a curve to the right, having a radius of 1175.00 feet, a central angle of 16 °14'51 ", the chord of which bears N.21 °05'00 "W. a distance of 332.08 feet (record chord distance 332.00 feet), 3. N.12 °57'35 "W. a distance of 356.99 feet, thence departing from said county road, N.85 °46'07 "E. a distance of 27.99 feet to an existing fence; thence along said fence, S.89 °54'00 "E. a distance of 1248.76 feet; thence N.89 °53'52 "E. along said fence, a distance of 129 45 feet to a rebar and cap, LS 9018; thence S.89 °59'1 1"E. a distance of 505.68 feet; thence S.07'1 7'00"E. a distance of 161.62 feet; thence S.39 004'00 "W a distance of 218 78 feet; thence N.89 °54'00 "W. a distance of 777.46 feet; thence S.17 °35'00 "W. a distance of 286.00 feet; thence S.19 °16'00 "W. a distance of 455 85 feet; thence S.45 °20'00 "W, a distance of 287.00 feet; thence S 03 059'00 "E. (record bearing 03 °59'00" E) a distance of 1165.65 feet, thence S 28 °20'00 "W. (record bearing 28 °20'00" W) a distance of 182.38 feet, thence S.70 °00'00 "W. (record bearing 70 °00'00" W) a distance of 144.40 feet to the point of beginning. PARCEL B That parcel of land previously described in Reception No. 461558 of the Pitkin County Records, said parcel of land being situated in Sections 11 and 12, Township 9 South, Range 86 West of the 6th P.M., said parcel being more particularly described as follows: Beginning at a point whence a G.L.O. Brass Cap at the Southeast Corner of said Section 11, Township 9 South, Range 86 West of the 6th P.M. bears S 38 °05'32 "E. a distance of 1351.05 feet; thence more or less along the centerline of the county road, also being at the easterly line of the Davis /Donnelley Lot Split, as shown on the final plat thereof, recorded as Reception No 339715 of the Pitkin County records, the following two (2) courses and distances: 1. 77.01 feet along a curve to the left, having a radius of 198.31 feet, a central angle of 22 °14'52 ", the chord of which bears N.07'46'1 9"W. a distance of 76 52 feet, 2 N.18 °53'47 "W. a distance of 304.65 feet; thence departing said county road, N.70 °00'00 "E. a distance of 144.40 feet; thence N.28 020'00 "E a distance of 182.38 feet; thence N.03 059'00 "W. a distance of 1165.65 feet, thence N.45 020'00 "E. a distance of 287.00 feet; thence N.19 °16'00 "E. a distance of 455 85 feet, thence N 17 035'00 "E. a distance of 286.00 feet; thence S.89 054'00 "E. a distance of 777.46 feet; thence S.39 004'00 "W a distance of 443.02 feet; thence S.23 °53'00 "W. a distance of 383.11 feet; thence S.00 °20'17 "E. a distance of 911.57 feet; thence N.90 °00'00 "W. a distance of 82.83 feet; thence S.34 029'00 "W. a distance of 218.37 feet, thence S 29 014'00 "W. a distance of 347.52 feet; thence S.14 °30'00 "E. a distance of 291.16 feet; thence S.13 °17'00 "W. a distance of 164.39 feet, thence S.55 030'00 "W. a distance of 280.21 feet; thence N.78 047'00 "W. (record bearing N 78 047'00 ") a distance of 254.60 feet to the point of beginning TOGETHER WITH an easement for ingress and egress from and to the Snowmass Creek Road (County Road No. 11), as granted in instrument recorded December 3, 1986 in book 524 at Page 185. 00x050 HISTORICALLY DESCRIBED AS: PARCEL A A parcel of land situated in Sections 11 and 12, Township 9 South, Range 86 West of the 6th P M., more fully described as follows: Beginning at a point whence the NW corner of Section 2, Township 9 South, Range 86 West of the 6th P.M. bears N 25 011'25" W 10324.65 feet; Thence along the centerline of the county road the following courses and distances: N 18 °53'47" W 266.99 feet, 214 33 feet along a curve to the right, having a radius of 644 95 feet (the chord of which bears N 09 °22'34" W 213.35 feet), N 00 °08'39" E 278 66 feet, 399 90 feet along a curve to the right, having a radius of 7470.90 feet (the chord of which bears N 01'40'39" E 399.86 feet), N 03 °12'40" E 209.04 feet, 622 39 feet along a curve to the left, having a radius of 1100 00 feet (the chord of which bears N 12 °59'53 "W 614.12 feet), 333.20 feet along a curve to the right, having a radius of 1175 00 feet (the chord of which bears N 21005'00" W 332.08 feet (record chord distance 332.00 feet)), N 12 °57'35" W 356.99 feet, Thence departing from the county road centerline, N 85 °46'07" E 27.99 feet to a point on the existing fence; thence along said fence S 89 °54'00" E 1248.76 feet to the end of said fence; thence N 89 °53'52" E 129.45 feet (a found rebar and cap, L.S. 9018); thence S 89 °59'11" E 505.68 feet; thence S 07 °17'00" E 161.62 feet; thence S 39 °04'00" W 218.78 feet; thence N 89 °54'00" W 777.46 feet; thence S 17 °35'00" W 286.00 feet; thence S 19 °16'00" W 455.85 feet; thence S 45 020'00" W 287.00 feet, thence S 03 °59'00" E (record recording 03 °59'00" E) 1165 65 feet, thence S 28 °20'00" W (record recording 28 020'00" W) 182.38 feet; thence S 70 °00'00" W (record recording 70 °00'00" W) 144.40 feet to the point of beginning. PARCEL B A parcel of land situated in Sections 11 and 12, Township 9 South, Range 86 West of the 6th P.M. more fully described as follows: Beginning at a point whence the NW corner of Section 2, Township 9 South, Range 86 West of the 6th P.M. bears N 24 053'20" W 10,700 62 feet; Thence along the centerline of the county road the following courses and distances. 77.01 feet along a curve to the left, having a radius of 198.31 feet (the chord of which bears N 07 °46'19" W 76 52 feet), N 18 053'47" W 304.65 feet, thence departing said centerline N 70 °00'00" E 144.40 feet; thence N 28 °20'00" E 182.38 feet; thence N 03 °59'00" W 1165.65 feet, thence N 45 °20'00" E 287.00 feet; thence N 19 016'00" E 455.85 feet; thence N 17 035'00" E 286.00 feet, thence S 89 054'00" E 777.46 feet; thence S 39 °04'00" W 443.02 feet; thence S 23 053'00" W 383 11 feet, thence S 00 020'17" E 911 57 feet, thence N 90 000'00" W 82 83 feet, thence S 34 029'00" W 218.37 feet; thence S 29 °14'00" W 347.52 feet; thence S 14 °30'00" E 291.16 feet, thence S 13'17'00" W 164.39 feet, 000051 thence S 55 °30'00" W 280 21 feet; thence N 78 °47'00" W (record recording N 78 °47'00 ") 254.60 feet to the point of beginning. 000052 SCHEDULE B - SECTION 1 REQUIREMENTS The following are the requirements to be complied with: ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate o[ interest to be insured. ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record to -wit Release by the Public Trustee of the, Deed of Trust from IDA V. PABST LIVING TRUST DATED 10/18/95 to the Public Trustee of the County of PITKIN for the use of AUTUMN GOLD L C. AND HOTCHKISSCO, L.C. original amount $1,435,000.00 dated October 27, 2011 recorded October 28, 2011 reception no. 583880 2. Release by the Public Trustee of the, Deed of Trust from :IDA V. PABST LIVING TRUST DATED 10/18/95 to the Public Trustee of the County of PITKIN for the use of : COMERICA BANK & TRUST, N.A. CO- TRUSTEE WITH IDA V. PABST OF THE FRED PABST IRREVOCABLE TRUST UNDER AGREEMENT DATED 07/24/1950 FBO IDA V. PABST, ITS SUCCESSORS OR ASSIGNS, AND (2) COMERICA BANK & TRUST, N.A. CO- TRUSTEE WITH IDA V. PABST OF THE HARALD PABST IRREVOCABLE TRUST UNDER AGREEMENT DATED 10/27/1951 FBO IDA V. PABST, ITS SUCCESSORS OR ASSIGNS, AND (3) COMERICA BANK & TRUST, N.A. CO- TRUSTEE WITH IDA V. PABST OF THE IDA C. PABST IRREVOCABLE TRUST UNDER AGREEMENT DATED 07/24/1950 IDA V PABST, ITS SUCCESSORS OR ASSIGNS original amount $125,000.00 dated April 14, 2010 recorded April 26, 2010 reception no. :568867 3. Duly executed Statement of Authority for IDA V. PABST LIVING TRUST DATED OCTOBER 18, 1995, a trust, disclosing the name of the trust, and the names and addresses of the trustees empowered to act pursuant to CRS 38 -30- 108.5. 4. Duly executed and acknowledged Deed, From : IDA V. PABST, AND HER SUCCESSORS, AS TRUSTEE OF THE IDA V. PABST LIVING TRUST DATED OCTOBER 18, 1995, AS TO PARCEL A AND IDA V. PABST LIVING TRUST DATED 10/18/95, AS TO PARCEL B To : CHARLIE MOUNTAIN, LLC, A COLORADO LIMITED LIABILITY COMPANY (Continued) 0001053 SCHEDULE B - SECTION 1 REQUIREMENTS - Continued 5. Completion of Form DR 1083 regarding the withholding of Colorado Tax on the sale by certain persons, corporations and firms selling Real Property in the State of Colorado. (This instrument is not required to be recorded) 6. Certificate of nonforeign status executed by the transferor(s) (This instrument is not required to be recorded) 7. Evidence satisfactory to the Company that the Declaration of Sale, Notice to County Assessor as required by H.B. 1288 has been complied with. (This instrument is not required to be recorded, but must be delivered to and retained by the Assessors Office in the County in which the property is situated) 000054 SCHEDULE B SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3 Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district 7. Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted as reserved in United States Patents recorded in Book 55 at Page 483 and in Book 55 at Page 488. 8. Right of way for what is known as the Walter Ditch. 9. Right of way for what is known as the Snowmass Creek Road. 10. Terms, conditions, provisions, obligations, provisions, easements, restrictions and covenants as set forth in Deed recorded February 4, 1983 in Book 439 at Page 968 and as amended by Amendment to Deed recorded December 20, 1984 in Book 478 at Page 553. 11 Easement as granted in instrument recorded December 3, 1986 in book 524 at Page 185. 12. Easement and right of way for an electric transmission or distribution line or system, as granted to Holy Cross Electric Association, Inc., in instrument recorded May 28, 1998 as Reception No. 417366. 13. Easement and right of way for an electric transmission or distribution line or system, as granted to Holy Cross Electric Association, Inc., in instrument recorded May 28, 1998 as Reception No. 417367. 14. Enroachment and possessory rights on fence along the Easterly property line of Parcel B as shown on Improvement Survey Plat prepared by Schmueser Gordon Meyer, dated 12/13/2011 as Job No. 2011 - 482.002. 15. Right of way for Snowmass Creek. 0OU055 ENDORSEMENT SCHEDULE FOR OWNERS POLICY ATTACHED TO AND BECOMING A PART OF CASE NO: PCT23303W7 SELLER: IDA V. PABST, AND HER SUCCESSORS, AS TRUSTEE OF THE IDA V. PABST LIVING TRUST DATED OCTOBER 18, 1995, AS TO PARCEL A AND IDA V. PABST LIVING TRUST DATED 10/18/95, AS TO PARCEL B BUYER: CHARLIE MOUNTAIN, LLC, A COLORADO LIMITED LIABILITY COMPANY The following endorsements will be issued in connection with the Policy to be issued hereunder as referenced above ENDORSEMENTS: For a fee of. $ For a fee of. $ For a fee of: $ For a fee of: $ For a fee of: $ Upon compliance with the requirements set forth below, the following exceptions will be deleted from the final policy. The fee for deleting exceptions 1 thru 3 with the issuance of Form 130 is $50 00 The fee for deleting exception 4 is $10.00 for Residential Property and $25.00 for Commercial Property. Exception Number 5 is automatically deleted upon recordation of the documents called for on the requirement page of this commitment. Exception Number 6 will be amended to read Taxes for the current year not yet due or payable, upon evidence satisfactory that the Taxes for the prior year(s) have been paid. NOTE: A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanic's and materialmens liens, executed by the seller and any additional parties deemed necessary by the Company. The company hereby reserves the right to make additional requirements as may be deemed necessary in the event additional facts regarding development, construction or other building or work are disclosed to the company that may fall within any lien period as defined in the Statues of the State of Colorado, and may result in additional premiums and /or fees for such coverage. NOTE: A current survey, certified by a Registered Colorado Land Surveyor must be delivered to, approved and retained by the Company for Deletion of Printed Exception No. 3 (NOT REQUIRED FOR CONDOMINIUM OR TOWNHOME UNITS) 00 0056 ADDITIONAL INFORMATION AND DISCLOSURES The Owner's Policy to be issued, if any shall contain the following items in addition to the ones set forth above' (1) The Deed of Trust, if any, required under Schedule B- Section 1 (2) Water rights, claims or title to water (NOTE THIS EXCEPTION WILL APPEAR ON THE OWNER'S AND MORTGAGE POLICY TO BE ISSUED HEREUNDER) Pursuant to Insurance Regulation 89 -2 NOTE: Each title entity shall notify in writing every prospective insured in an owner's title insurance policy for a single family residence (including a condominium or townhouse unit) (i) of that title entity's general requirements for the deletion of an exception or exclusion to coverage relating to unfiled mechanics or materialmens liens, except when said coverage or insurance is extended to the insured under the terms of the policy. A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanics' and /or Materialmen's Liens executed by the persons indicated in the attached copy of said affidavit must be furnished to the Company. Upon receipt of these items and any others requirements to be specified by the Company upon request, Pre - printed Item Number 4 may be deleted from the Owner's policy when issued. Please contact the Company for further information. Notwithstanding the foregoing, nothing contained in this Paragraph shall be deemed to impose any requirement upon any title insurer to provide mechanics or materialmens lien coverage. NOTE: If the Company conducts the owners or loan closing under circumstances where it is responsible for the recording or filing of legal documents from said transaction, the Company will be deemed to have provided "Gap Coverage" Pursuant to Senate Bill 91 -14 (CRS 10 -11 -122) (a) The Subject Real Property may be located in a Special Taxing District, (b) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained form the County treasurer of the County Treasurer's Authorized Agent, (c) Information regarding Special Districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. NOTE: A tax Certificate or other appropriate research will be ordered from the County Treasurer /Assessor by the Company and the costs thereof charged to the proposed insured unless written instruction to the contrary are received by the company prior to the issuance of the Title Policy anticipated by this Commitment. Pursuant to House Bill 01 -1088 (CRS 10 -11 -123) If Schedule B of your commitment for an Owner's Title Policy reflects an exception for mineral interests or leases, pursuant to CRS 10 -11 -123 (HB 01- 1088), this is to advise: (a) There is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals or geothermal energy in the property and (b) That such mineral estate may include the right to enter and use the property without the surface owners' permission. NOTE The policy(s) of insurance may contain a clause permitting arbitration of claims at the request of either the Insured or the Company. Upon request, the Company will provide a copy of this clause and the accompanying arbitration rules prior to the closing of the transaction. NOTICE REGARDING CONSTRUCTION FINANCING: If it is not disclosed to the company that the loan to be insured hereunder is in fact a construction loan, any coverage given under the final policy regarding mechanic or materialmen's liens shall be deemed void and of no effect. 000057 Pitkin County Title, Inc. Privacy Policy We collect nonpublic information about you from the following sources: • Information we receive from you, such as your name, address, telephone number, or social security number; • Information about your transactions with us, our affiliates, or others. We receive this information from your lender, attorney, real estate broker, etc.; and Information from public records We do not disclose any nonpublic personal information about our customers or former customers to anyone, except as permitted by law. We restrict access to nonpublic personal information about you to those employees who need to know that information to provide the products or services requested by you or your lender. We maintain physical, electronic, and procedural safeguards that company with appropriate federal and state regulations. 000058 Notice of Privacy Policy of Westcor Land Title Insurance Company Westcor Land Title Insurance Company ("WLTIC") values its customers and is committed to protecting the privacy of personal information. In keeping with that philosophy, we have developed a Privacy Policy, set out below, that will ensure the continued protection of your nonpublic personal information and inform you about the measures WLTIC takes to safeguard that information. Who is Covered We provide our Privacy Policy to each customer when they purchase an WLTIC title insurance policy. Generally, this means that the Privacy Policy is provided to the customer at the closing of the real estate transaction. Information Collected In the normal course of business and to provide the necessary services to our customers, we may obtain nonpublic personal information directly from the customer, from customer - related transactions, or from third parties such as our title insurance agents, lenders, appraisers, surveyors or other similar entities. Access to Information Access to all nonpublic personal information is limited to those employees who have a need to know in order to perform their jobs. These employees include, but are not limited to, those in departments such as legal, underwriting, claims administration and accounting. Information Sharing Generally, WLTIC doe's not share nonpublic personal information that it collects with anyone other than its policy issuing agents as needed to complete the real estate settlement services and issue its title insurance policy as requested by the consumer. WLTIC may share nonpublic personal information as permitted by law with entities with whom WLTIC has a joint marketing agreement. Entities with whom WLTIC has ajoint marketing agreement have agreed to protect the privacy of our customer's nonpublic personal information by utilizing similar precautions and security measures as WLTIC uses to protect this information and to use the information for lawful purposes. WLTIC, however, may share information as required by law in response to a subpoena, to a government regulatory agency or to prevent fraud. Information Security WLTIC, at all times, strives to maintain the confidentiality and integrity of the personal information in its possession and has instituted measures to guard against its unauthorized access. We maintain physical, electronic and procedural safeguards in compliance with federal standards to protect that. information. The WLTIC Privacy Policy can also be found on WLTIC"s tirebsite at w w.xdtic.com. 000059 w � d •. w 4 c F ° v c IS 'V 000060 PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, THIRD FLOOR ASPEN, CO 81611 970- 925- 1766/970- 925 -6527 FAX TOLL FREE 877 - 217 -3158 WIRING INSTRUCTIONS FOR ALL TRANSACTIONS REGARDING THE CLOSING OF THIS FILE ARE AS FOLLOWS: ALPINE BANK -ASPEN 600 E. HOPKINS AVE. ASPEN, CO. 81611 ABA ROUTING NO. 102103407 FOR CREDIT TO: PITKIN COUNTY TITLE, INC., ESCROW ACCOUNT ACCOUNT NO. 2021 012 333 REFERENCE:PCT23303W7 /CHARLIE MOUNTAIN, LLC, A COLORADO LIMITED LIABILITY COMPANY 0OU061 ATTACHMENT Street address and parcel description, including legal description, and 8 -1/2 "x 11" vicinity map locating the subject property within Pitkin County ADDRESS 4104 Snowmass Creek Road, Snowmass, CO 81654 LEGAL DESCRIPTION Parcel B, Charlie Mountain Subdivision Exemption, Reception # 594119. CHARLIE MOUNTAIN, LLC, AMENDMENT TO AN ACTIVITYENVELOPE ID #2645 - 222 -w -wz 14 000062 VICINITY MAP - CHARLIE MOUNTAIN, LLC, AMENDMENT TO AN ACTIVITYENVELOPE ID #2645-aax -w -ooi 15 000063 L91 :hAAIA01r: Executed Pitkin County Community Development Agreement for Payment of Land Use Application Fees form PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter COUNTY) and (hereinafter APPLICANT) AGREE AS FOLLOWS: I. APPLICANT has submitted to COUNTY an application for (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 011 -2005 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 $ $936.00 which is based on 3 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, Community Development Director CHARLIE MOUNTAIN, LLC, AMENDMENT TO AN ACTIVITYENVELOPE ID #2645-�-w-ws 000064 Signature Tom Newland May 3, 2013 Representing Charlie Mt, LLC 16 ATTACHMENT Consent from the owner of the property for the representative named to process the application and represent the owner Charlie Mountain, LLC 700 Louisiana, #4770 Houston, TX 77002 August 15, 2012 Community Development Department 130 South Galena Street Aspen, CO 81611 RE: AUTHORIZATION TO REPRESENT To Whom it May Concern; Please consider this letter as authorization for Tom Newland of Newland Protect Resources, Inc. to represent me in the processing of development permits for our properties located 4100 and 4104 Snowmass Creek Road, Piton County, Colorado (SPID # 264511100001 and #264511100002). Mr. Newland is hereby authorized to act on our behalf with rasped to all matters reasonably pertaining to the aforementioned development permits s((i9�9�§§eer ly , Charlie Mountain, LLC CHARLIE MOUNTAIN, LLC, AMENDMENT TO AN ACTIVITY ENVELOPE ID #2645-ss1- 011-ooa 17 000065 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920 -5526 FAX4 (970) 920 -5439 August 1, 2013 Tom Newland 417 Original Rd Unit B Basalt, CO 81621 tomn @sopris.net Re: Charlie Mountain LLC Minor Amendment to a Development Permit (CASE P063 -13; PID 2645- 111 -00 -001) Dear Mr. Newland: 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. If you have any questions, please call Mike Kraemer, the planner assigned to your case, at 920 -5482. Sincerely, Bonnie Shiles Administrative Assistant PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920 -5526 FAX# (970) 920 -5439 MEMORANDUM To: Snowmass /Capital Creek Caucus FROM: Mike Kraemer, Community Development Department Michael.kraemer @co.pitkin.co.us Re: Charlie Mountain LLC Minor Amendment to a Development Permit (PID 2645- 111 -00 -001; Case P063 -13) DATE: August 1, 2013 Attached for your review and comments are materials for an application submitted by Charlie Mountain LLC. The Pitkin County Community Development Director will review the application. Please return your comments to me by Friday, August 23, 2013. http: / /www asl2enpitkin com/ Portals /0 /docs /countv /Com %20Dev /Planning /Land Use An plications /1'063 13 app.pdf Thank you. Name: Project Address: Type: Permit Number 0063 2013.PLAN 0063.2013.PLAN PITKIN (w UNTY COMMUNITY DEVEL(,,,,,MENT Permit Receipt RECEIPT NUMBER 00034344 Newland Project Resources Inc Date:7/18/2013 130 CHARLIE WAY Fee Description PP- Flat Fee PP- Clerk Tech Fee Total. Amount 936.00 25.00 961.00 rKw -T w ` \—�y,• \ 4'11 11416 \ 1414 1 \ 7. CIS Lill Fmi we to Allm 10 I E MOUNTAIN PARCEL B f A- J, t.. - tf..'' :.'i' �;.`�i.�}. T.•. f ASS i �.> ' 1'f�I ` ..\ •., /- �: / " / f yj � F1�'.' �„ '.�, y+j Y• }'. M1. I � t ` \ �� ` t. i 5 Q � • t \ �'I; ` '. i ` ct �� .' 4+. i4'tb Q / / �tE 'i /� r N; V r R f f 4 3'. yy S f t f r: Ft f yy �,sy1 tY 1. S 1 u a€ r, .5 {' \ • .r \ L b r n z \ } `. t � EI Y: s f .��.. .:; . �. ! i �' t i s mil.•,: - �'.: ..:. � y _ /': : 1• t 1 _ l ' f F E \ 8• 4 r� a O i t �. 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RECEPTION #: 602484, 08/13/2013 at 02:28:14 PM, 1 OF 1, R $11,00 Janice K. Vos Caudill, Pitkin County, CO PLAT BK 104 PG 8 i► r VICINITY /PROPERTY MAP WAIVER: THE PROVISIONS OF THESE 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 GUARANTEE THE SAFETY OF ANY PROPERTY. C I.* Aitt -t E Mo L& rAI M ) L L. C, APPLICANT: agi •F COMMUNITY DEVELOPMENT DEPARTMENT APPROVAL: THIS AMENDMENT TO AN ACTIVITY ENVELOPE HAS BEEN REVIEWED AND APPROVED BY THE DIRECTOR OF COMMUNITY DEVELOPM NT FOR PITKIN COUNTY THIS DAY OF 2013. APPROVAL OF THIS PLAN IS SUBJECT TO TH ONDITIONS OF ADMINISTRATIVE DETERMINATION NO. Sa — , RECORDED AS RECEPTION NO. (0094/93 IN THE PITKIN COUNTY CLERK AND RECORDERS OFFICE. 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