HomeMy WebLinkAboutpitkin.planning.299906200004 (2014)DOCUMENT LAYOUT
THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION
LISTED BELOW IN THE FOLLOWING ORDER
Summary Sheet
Resolution for the BOCC and/or P&Z
Ordinance for the BOCC and/or P&Z
Determination for the Hearing Officer
Administrative Determination
Staff Memo
Application
Public Notice, Acceptance Letter, Referral(s) Letter
Site Plan
Miscellaneous
Plat(s)
Parcel ID: 2999-06-2-00-004 Application Date: 11/25/14 Case No: P101-14
Description: Carroll Drive Properties TDR Certification for Paroel8 in the Rural/Remote Planner: Suzanne Wolff
Zone District for Trainer's Best USMS #15920 # Copies: 1
Allocated Hours: 6
Project Address: ON THOMPSON CREEK RD, CARBONDALE, CO 81623 °/ Over Hours: 7.2
PropertyOwner: CARROLL DRIVE PROPERTIES Address: 314 CARROLL OR Owner Phone: (970) 920-1227
ASPEN, CO 81611
Owner's REP: SARAH OATES Address: 533 E HOPKINS AVE, 3RD FLOC REP's Phone: (970) 920-1700
ASPEN, CO 81611
REP's Email: smo@okglaw.com
Referrals:
Comments Due Date:
Other Referrals:
Meetings: 1st Meeting: 2nd Meeting:
Meeting Date:
Review Body: admin
Public Hearing? no
Notice Date:
Meeting Notes:
Approvals:
BOCC Resolution #: P&Z Determination #:
BOCC Ordinance #: HO Determination #:
Admin Determination*
Other Information:
VR Approval Date: Plat Recorded Date:
VR Expires Date: Plat (Bk, PG):
Remarks: TDRCertificate#IR-10-14-SW
Restrictive Covenant #616130
Application Type: TDR Review
3rd Meeting:
RECEPTION#: 616130, 12/18/2014 at 03:51:06 PM, 1 OF 5, R $0.00
Janice K. Von Caudill, Pitkin County, CO
RESTRICTIVE. COVENANT
THISF.STRICfIVE COVENANT ("Covenant') is made and entered this�day
ol'yp6ty 2014, by Carroll Drive Properties LLC ("Grantor") for the benefit of the
Pitkin County Board of County Commissioners.
WITNESSETH
I
WHEREAS, Pitkin County. Colorado, a political subdivision of the State of Colorado
("Grantee"), has established a transferable development right ("I DR") system. Title 8 2006
Pitkin County Land Use Code, as may be amended from time to time (the "Land Use Code"):
WHEREAS, Grantor is the fen simple owner of that certain real Property in Pitkin
County, Colorado that is more particularly described on Exhibit A attached hereto and made a
part hereof by this reference (the "Property'):
WHEREAS, contemporaneously with the execution ofthis Restrictive Covenant,
Grantee is executing and delivering to Grantor I irrevocable TDR certif icate(s) bearing
Certificate No(s). 12-10 -hf-Sw
WHEREAS, the Grantor has represented that no development or improvements currently
exist on the Property: and
WHEREAS. in exchange for the issuance of said certificates) by Grantee and consistent
with the intent and stated purposes of the TDR system, Grantor is prepared to restrict and
covenant the Property against any future development. as that term is currently defined in the
Land Use Code. in perpetuity.
NOW. THEREFORE, for and in consideration of the issuance to Grantor of Certificate
No(s). j&- to - III -51,V . and in consideration of the covenants, terns.
conditions. and restrictions hereinafter set forth and for other good and valuable consideration.
the receipt and sufficiency are hereby acknowledged. Grantor does hereby grant and convey to
Grantee, forever and in perpetuity, an interest in the Property, for and in consideration ol'the
recitals and mutual covenants, terms. conditions and restrictions contained herein:
1. Restrictive Covenant pertaining to the Property. Grantor hereby restricts the
Property in perpetuity against any and all future development, us dclined in the Land Use Code.
commencing on the date of this restrictive covenant. Such restrictions shall include. buUve not
limited to. the future development of any single family or other residential, commercial or
industrial structures, is well as the future development of am recreational uses. as well as any
change in the current existing use of the unimproved Propert"N. Grantor acknowledges that any
future development right in the Property has been severed from the Property by operation of this
restrictive covenant.
2. Covenant running with the land: binding effect. 'I he provisions of this deed
mnriction shall constitute a coo enart that runs with the title to the Property for the benefit ol'the
000001 o- 3ln
RECEPTION#: 616130, 12/18/2014 at 03:51:06 PM, 2 OF 5,
Janice K. Vos Caudill, Pitkin County, CO
Grantee. its successors and assigns and shall he deemed an appurtenance to the title to such land.
Grantor and its successors. heirs, assigns and transferees acknowledge that the TDR certificate(s)
issued in consideration for this restrictive covenant is/am severed from the Property and that any
sale, lease or other transfer of title to the Propeny shall not constitute a transfer of the 1 D
certificate(s) and any rights therein.
3. Permitted uses and activities. As owners of the Property. the Grantor retains the
right to perform any act consistent with the Land Use Code to the extent such act is not
prohibited or limited by the requirements of this restrictive covenant. These ownership rights
include, but are not limited to. the right to exclude any member of the public trespassing on the
Property and the right to sell. lease, or otherwise transfer the Property to anyone Grantor
chooses. Grantor shall continue to use the propeny for hunting, fishing, hiking and camping, all
of which do not involve structures or regular human Occupancy. Nothing herein shall be
construed to be an approval by Grantee under the Land Ilse Code for any purpose.
4. Enforcement and monitoring. This restrictive covenant and its terms and
representations shall be fully enforceable by Grantee, its successors, assigns and agents in any
action at law or equity or both, to secure compliance, including but not limited to, seeking
injunctive relief and/or specific performance requiring the Grantor, its successors or assigns to
cease and desist all activity in violation of'the terms of this restrictive covenant and to return the
Property to its condition prior to any violation. Violation of any of the terms or representations
Of this restrictive covenant may also result in the administrative cancellation of the TDR
certificate(s) by the Grantee. Moreover. Gnome and its successors, assigns and agents shall be
permitted access to, and to enter upon, the Property at reasonable times solely for the purpose of
monitoring, inspection, and if necessary, remediation in order to enforce and assure compliance
with the terms and conditions of this restrictive covenant.
?. Costs and liabilities. Grantor retains all responsibilities and shall hear all costs
and liabilities of any kind related to ownership. operation, upkeep, taxes and maintenance of the
Property, including but not limited to, costs associated with compliance with this restrictive
covenant. Grantee's acceptance of this restrictive covenant shall in no way be construed as an
assumption ofany duties or liabilities associated w ith the Property and Grantor acknowledges
that by this restrictive covenant. Grantor continues to retain responsibility for any and all duties
and liabilities associated with the Proper).
6. Subordination. At the time of the conveyance of" this restrictive covenant, the
Grantor represents that the Property is not subject to any mortgage, deed of Vast, or judgment
lien, or any other instrument drat might result in a lineclosure action that could affect the
viability ofthis restrictive covenant.
7. Incorporation of the Land Use Code. The Land Use Code, as may be amended
from time to time, and any terms or definitions contained therein, are hereby incorporated by this
reference in their entirety.
��M
RECEPTION#: 616130, 12/18/2014 at 03:51:06 PM, 3 OF 5,
Janice K. Vo9 Caudill, Pitkin County, CO
g. Prohibition against future TDR. Unless otherwise provided by the Land Use
Code and agreed upon by Grantee. Grantor shall not be entitled to any future. additional TDR
arising from ownership of the Property following the execution Of this restrictive covenant.
9. Modification. 1 h terms of this restrictive covenant can only be modified by an
amended covenant executed by both Grantor and Grantee and recorded in the records of the
Clerk and Recorder for Pitkin County, Colorado.
10. Venue and jurisdiction. Grantor and Urantee consent to venue and jurisdiction
in the District Court lot Pitkin County, Colorado for all matters concerning the interpretation and
enforcement of this restrictive covenant.
11. Attorneys fees and costs. In the event of any action or suit between the parties
hereto or their successors and assigns to enforce any of the agreements, covenants or restrictions
contained herein. the prevailing party in any such action or suit, whether by final judgment or out
of court settlement. shall recover from the other party all costs and expenses of such action or
suit including reasonable attorneys fees.
IN WITNESS WHEREOF. Grantor has executed this restrictive covenant as of the date
and year first written above.
Grantor
CARROLL DRIVE PROPERTIES, LLC
Dy:: penccr Lchv. Authorized Representative
Statc of rl `i wK )
) ss.
County of f4t L 4s. Y. 1
J
'I he foregoing Restrictive Covenant was acknowledged before me this 13 ay Of
K a't&.l r 2014 by Spencer Lehv as Authorized Representative ofCarroll Drive Properties.
LLC
Witness mY hand and official seal
My commission expires on: _�� 14201,11
MARION PANAS v
NOTARY PUBLIC -STATE OF NEW YORK
N1,02PA6216O94
Qualified In King$ COanty
My commaaon r101,e4 January 11, 3018
000003
RECEPTIONV 616130, 12/18/2014 at 03:51:06 PM, 4 OF 5,
Janice K. Vo9 Caudill, Pitkin County, CO
ACCEPTED BY
Pitkin County Board of County Commissioners
AllUi
�7
1&.�
State of Colorado )
ss.
County of Pitkin )
The foregoing Restrictive Covenant was acknowledged before one this/& 'day of
js;0"hi;Q 20J.jl by All ieAkAn M...12,)�[.EU._
Witness my hand and official seal
My commission expires on. ?-/ 17_)
TAMMIE DRISCOL
NOTARY PUSIX
STATE OF COLORADO
W caWmorp=112VI mte
000004
RECEPTION#: 616130, 12/18/2014 at 03:51:06 PM, 5 OF 5,
Janice K. Vos Caudill, Pitkin County, CO
MEMORANDUM OF OWNERSHIP•ACCOMMODATION NO LIABILITY
PRKIN COUNTY TITLE, INC., A DULY LICENSED TITLE INSURANCE AGENT IN THE STATE OF COLORADO. BY
EXAMINATION OF THE RECORDS OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO,
DISCLOSES THE FOLLOWING:
GRANTEE IN THE LAST INSTRUMENT OF CONVEYANCE
CARROLL DRIVE PROPERTIES, I.I.C. A COLORADO LIMITED LIABILITY COMPANY
LEGAL DESCRIPTION
TRAINORS BEST MINING CLAIM, U.S.M.S.NO. 15920. eccoroing to the United States Patent recorded in Book 136 at
Page 341.
NONE
DEED OF TRUST APPARENTLY UNRELEASED
LIENS AND JUDGMENTS (AGAINST UST GRANTEE) APPARENTLY UNRELEASED
NONE
THIS INFORMATION IS FOR YOUR SOLE USE AND BENEFIT AND IS FURNISHED AS AN ACCOMMODATION. THE
INFORMATION HAS BEEN TAKEN FROM THE PUBLIC RECORDS, WITHOUT REFERENCE TO, OR EXAMINATION
OF, INSTRUMENTS WHICH PURPORTS TO AFFECT THE REAL PROPERTY. THE INFORMATION IS NEITHER
GUARANTEED NOR CERTIFIED, AND IS NOT AN ABSTRACT OF TITLE, OPINION OF TITLE, NOR A GUARANTY OF
TITLE, AND OUR LIABILITY IS LIMITED TO THE AMOUNT CHARGED FOR THIS REPORT.
EFFECTIVE DATE: November 19, 2014
PITKIN COUNTY TITLE, INC.
BY:
Authorized Officer
JOB NO: ACCOM267e
000005
Certificate No. halD'I4-6 VJ
Date Issued iz Ig I
IRREVOCABLE CERTIFICATE OF TRANSFERABLE
DEVELOPMENT RIGHT ("TDR")
1. Description of Preservation Site: See Exhibit A attached hereto and made a part
hereof by this reference.
2. Pursuant to the provisions of the Pitkin County Land Use Code ("Code"), this
certifies that a Transferable Development Right ("TDR") has been severed from the Preservation
Site described in Exhibit A. This Certificate No. -SLNI evidences and represents one
TDR and the TDR represented hereby may be transferred to and used at a Receiver Site as
permitted and in accordance with the Pitkin County Land Use Code.
3. Possession of the original of this Certificate, properly endorsed, will constitute
the ownership by the holder of the TDR herein described.
4. This Certificate may be transferred at any time and from time to time by
endorsement and delivery.
S. This Certificate is perpetual and irrevocable, and Pitkin County, Colorado, will
honor the same.
Signature of Owner of the Real Property
at the time of the issuance of this Certificate
CARROLL DRIVE PROPERTIES, LLC
Spencef Lehv, Authorized Representative
STATEOF N6W 44R 8C )
ss.
COUNTY OF NEW 44041 )
Signature of Authorized Official
of Pitkin County, Colorado
By: ��� NA4 E� G Y
Title: dFif1. PU k L (
The foregoing instrument was acknowledged before me this )Syh
day of
Nj,,yA n r,y- , 2014, by Spencer Lehv as Authorized Representative of Carroll Drive
Properties, LLC.
Witness my hand and official seal.
My commissionexpires: I it aq2
1
MARION PANAR
NOTARY PURLIC•2TATL OT NEW YORK
No. 02PA6216094
Qualified In Kings County
My commission Expaes January 11. 201a
000006
V � J
Notary Public
STATE OF „iin.— )
) ss.
COUNTY OFPmda_)
The foregoing instrument was acknowledged before me this day of
�, 2014, by �.. �.,. .. Gla1,Q'
Witness my hand and official seal.
My commission expires:.415(up
Ali
Notary Public
E
EN REED PUBLIC ONNOTARY PUBLICTATE OF COLORADO
TARY ID #19964002767mission Expires February 15, 2m6
MME
MEMORANDUM OF OWNERSHIP -ACCOMMODATION NO LIABILITY
PITKIN COUNTY TITLE, INC., A DULY LICENSED TITLE INSURANCE AGENT IN THE STATE OF COLORADO. BY
EXAMINATION OF THE RECORDS OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO,
DISCLOSES THE FOLLOWING:
GRANTEE IN THE LAST INSTRUMENT OF CONVEYANCE
CARROLL DRIVE PROPERTIES, LLC, A COLORADO LIMITED LIABILITY COMPANY
LEGAL DESCRIPTION
TRAINORS BEST MINING CLAIM, U.S.M.S.NO. 15920, according to the United States Patent recorded in Book 136 at
Page 341.
NONE
DEED OF TRUST APPARENTLY UNRELEASED
LIENS AND JUDGMENTS (AGAINST LAST GRANTEE) APPARENTLY UNRELEASED
NONE
THIS INFORMATION IS FOR YOUR SOLE USE AND BENEFIT AND IS FURNISHED AS AN ACCOMMODATION. THE
INFORMATION HAS BEEN TAKEN FROM THE PUBLIC RECORDS, WITHOUT REFERENCE TO, OR EXAMINATION
OF, INSTRUMENTS WHICH PURPORTS TO AFFECT THE REAL PROPERTY. THE INFORMATION IS NEITHER
GUARANTEED NOR CERTIFIED, AND IS NOT AN ABSTRACT OF TITLE, OPINION OF TITLE, NOR A GUARANTY OF
TITLE, AND OUR LIABILITY IS LIMITED TO THE AMOUNT CHARGED FOR THIS REPORT.
EFFECTIVE DATE: November 19, 2014
PITKIN COUNTY TITLE, INC.
BY:
Authorized Officer
JOB NO: ACCOM2678
00000
MEMORANDUM OF OWNERSHIP -ACCOMMODATION NO LIABILITY
PITKIN COUNTY TITLE, INC., A DULY LICENSED TITLE INSURANCE AGENT IN THE STATE OF COLORADO. BY
EXAMINATION OF THE RECORDS OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO,
DISCLOSES THE FOLLOWING:
GRANTEE IN THE LAST INSTRUMENT OF CONVEYANCE
CARROLL DRIVE PROPERTIES, LLC, A COLORADO LIMITED LIABILITY COMPANY
LEGAL DESCRIPTION
TRAINOR$ BEST MINING CLAIM, U.S.M.S.NO. 15920, according to the United States Patent recorded in Book 136 at
Page 341.
NONE
DEED OF TRUST APPARENTLY UNRELEASED
LIENS AND JUDGMENTS (AGAINST LAST GRANTEE) APPARENTLY UNRELEASED
NONE
THIS INFORMATION IS FOR YOUR SOLE USE AND BENEFIT AND IS FURNISHED AS AN ACCOMMODATION. THE
INFORMATION HAS BEEN TAKEN FROM THE PUBLIC RECORDS, WITHOUT REFERENCE TO, OR EXAMINATION
OF, INSTRUMENTS WHICH PURPORTS TO AFFECT THE REAL PROPERTY. THE INFORMATION IS NEITHER
GUARANTEED NOR CERTIFIED, AND IS NOT AN ABSTRACT OF TITLE, OPINION OF TITLE, NOR A GUARANTY OF
TITLE, AND OUR LIABILITY IS LIMITED TO THE AMOUNT CHARGED FOR THIS REPORT.
EFFECTIVE DATE: November 19, 2014
PITKIN COUNTY TITLE, INC.
BY:
Authorized Officer
JOB NO: ACCOM2678
0000011
0
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EXHIBIT
O
02/12/1995 05:48 910-246 .11 CENTURA BANK W ,=FE PAGE 02
I'UN-12-96 WED
9130 Ai�� R�att6ti,_ A octaE �s P02
-' Ayer':.
t
r a"•: Certificate Number DR -%-O//• I �S
_2��14z
Date issued; L
cERr�C[cpaornf C#�
Name of Development R! his OWner.:,ity y jp#
P $ O f/ii�101� ° e ais 1
Lava11• Ala
Address of Development Righ!(s)
Location of Property: W.ee It .°e°Me �.rt rtes r
_.. a ..i�4 � s.avt } rftLi
Pursuant to Section 4-60.95(A)(I)(b) of the pi k, n Lan4 UseCbde, this certifies that
. I Development Rights exist on a PrQooev{Hon ;Att�li; elS' jlad by the'logal description attached hereto
as Exhibit "A" which may be available for Ieveviinpe tlrta:.ia transforstle doveFeprriG,t rights as set forth
in Sections 3-150.160 and 4-60.95 of the Code.
This Certificate of Devol6pmg4Ri&fib 8 rt4t �q3 0 ,t�tplt of title regarding the Development Rights
and is based entirely upon tnfoimallon provP, f4 by t68`��4})$r of the DRvolopment R*hts,' If: any of the
information provided regaiding" the Dcveldpsrtent Rbht,}. r5'fetse, then *st, County' rasoI vele the nbht fo
�rescind this Certificate with ten (10) days writfdit not(Y. -
7 /N5 Cfi✓�L�/C� hw s} �2
Tf�l�'+--t.e,{)i � Cov-(-r �t'—• sigt�s,�,rre 4)). of Development Right(s)
C,D+f-t SFS "lle4/9 owner
ot-C
�✓ mr tii a� - --------------------
2V
I �fi of DgVelopment Rlght(s),Owa
V'lowner
sigrjaRNwxr>;A° , ' :tftid.i
--------------
A legal description of the. Preservation filte Is attnchad:Aartadr•"t "k"
Initials of Authorized Official
000012
CERTIFICATE OF DIIVELOPMEJT RIGlTM Pam Ieff :..
Affidavit Number DR- ( I • (
[for office use only]
AFFIDAVIT OF DEVELOPMENT RIGHTS IN
THE RURALIREMOTE ZONE DISTRICT
Background Information
Name of Affiant: John Batu- 2/9, Kalman 9 2/ =2 Lavelle/9
Telephone: 805 499 9290 Lavelle Telephone: 602 992 6714 Sarem
Name of Any
Property Information
General Location Of Property: _Tshp 12 South. Rana* 84 woot. section 6. 1/4 sec 2
- Near trail to Cathedral Lake, bo,e Pin* Crook Ca=around
Number of Acres: 9.49
Date Property Acquired:
Names of All Contiguous Property Owners: Jena Christiansen Dauntless D9M9 # 7666.
Development Right Information
Number of Development Rights Claimed: i
Has the Property Been Subdivided? Yes No x
If the Property Has Been Subdivided, When Was it Subdivided?
Do You Have an Interest in Any Property Contiguous to the Property For Which You are Claiming
Development Rights? Yes .No x
AFFIDAVIT OF DEVELOPMENT RIGHTS
IN RURAUREMOTE ZONE DISTRICT
000013
PAGEIOF2
JUN- 1 2-95 WED 9 -31 Llsnen Reo. 1 t -e
C1 1 1 6 G 1 rt E a 8 P.04
Affidavit Number or, _ LL
(for office use only)
The undersigned a(fiaot seeks to obtain a Ccrlificale of Development Rights pursuant to Section 4-
60(A)(1)(b) of tile Pitkin County Land Vsc Cale. 7h@ umd', rJt itd affiant certifies that:
1) all the infunnation diccloscd in this afl'idavil is true and correct;
2) the property described in this application is rvia iia the Rural/Remote Zone District;
the following is attached to this affidavit:
a) a copy Of the legal description describing dw enlirely of the property for which
Development Rights are claiincd;
b) a copy of the deed of sale or any Other &K, Im,'it evidencing the manner in which
title is held for the properly:
c) a copy of the most Ween: tax assessment ft,r. Uu property; and
d) if available, a copy of the most r(,cvht;ti;le cejnniilment
Completed to beat of my ability and actual knowledge. Owner makoa no
rupresentatione in regard to any -frights which may or, may not be
signaturconveyed or created by any ordinanch in pitkin County. Pacaimile
signature shall be followed within 7 day. by an. original ink
signature. '
N7INESSNNHAJD'fillS-�2DAYOF_�/tt:', .
Ey: - r,. -
1'rinle Nat:: John Bg�lu*-2t9 Ow�icr nF Trtjgp s DcST.,
STATE OF COLORADO)
COUNTY OF PITKIN
Swom and 5ubesilbed to me this &24%day of—�
199
by Tohn Eel ja _ who is personally known to pie Or pr ,led idenlife-alion and did take an oath.
�ec` nJ
(AFFIX SEAL T1ERF.) Notary Public, Stale of EehaaRO ft—w7kC:r<f;Aa•-
Commission Expires_/.fes/ 2
AFFIDAVIT OF DEVELOPMENT RIOIiTS
IN RURA11REMOTE ZONE DISTRICT
000014
PAGE 2 Of 2
Certificate Number DR- q(-* • 0//
Date Issued: 6!,,:M9
i
CERTIFICATE OF DEVELOJPMENf RIGHTS
� I
_kame of Development Right(s) owcer: John Hetus J/9, Kalrren !Sapero 2/9, Mike Lavelle 5/9 =
� I
kddreSS of'Development Rights(s) Owner: Kalman Sapero, 1740 E. Waltann lane
Phoenix, `AZ 85022 i
LO on of Property: Tsh 12 S Range 84 West Section 6 1/4 ;sec 2 *ar trail to
Cathedral Lake, above Pine Creek Campgrour .i
Puisuart to Section A 4-60.95 1
1 (x xb) of the Phldri County Land i(Tse Code, this certifies that
._ Development Rights exist on a Preservation Site identified by the legal description attached
Hereto as Exhibit "A" which may be available for sevetanoe and We as transferable development
tigbts as set forth in Sections 3-150,160 and 4-60.95 of the Code.
This Certificate ofDevelopmem Rights is not an opinion of titl6regardidg the Development
Rights and is based entirely upon information provided b}' the owner of the Development Rights. If
any of the information provided regarding the Development Rights is false, then the County reserves
the right to rescind this Certificate with ten (10) days written notice.
l5 Cer=k- Ca'�_ e'6 d00' _d
;lCer�ca.{� avm�s
m prrn one �L d s1'
�ac1i
e ara0d�ueCC n
'sl description f thePreservation Site is attar ed
IRS'r1Sti Mj;- M
(]sovlewtrc W Dayswrs4t+ilBeara
000015
M
Exhibit "A."
PA"I W 1
J
TOTAL P.01
Affidavit Number DR- //. Z
[for office use only]
AFFIDAVIT OF DEVELOPMENT RIGHTS IN
THE RURAL/REMOTE ZONE DISTRICT
Background
Name of Affiant: Kalm Sapero 2/9 owner in(Trainors Pest'.IISMS 15920
Address: 1740 E. Waltann lane, Phoenix, AZ 85022
Telephone: 602 992 6714
Property Information
L
Name of Development Fight(s) Owner: Kalmen Baoero 2/9, Michael lavelle 5/9 Sohn Betus 2'/9
Name of Any Mortgagors: None
General Location of Property: Tshp 12 S R 84 W Section 6 1/4 Sec 2 Near trail to Cathedral
Lake above Pine Creek Ca[Fground.
Number of Acres: 9.49
Date Property Acquired: approx 94
Names of All Contiguous Property Owners: -aekn-Beaus--
Development Right Information
Number of Development Rights Claimed:
1
Has the Property Been Subdivided? Yes No X
If the Property Has Been Subdivided, When Was it Subdivided?
Do You Have an Interest in Any Property Contiguous to the Property For Which You Are Claiming
Development Rights? Yes No X
AMAvrroFDmwrs RIGzrrs
M RuRAUREMon Zon D=RwT
000016
PAGE I of 2
,
Affidavit Number DR-
[for office use only]
The undersigned affiant seeks to obtain a Certificate of Development Rights pursuant to
Section 450.95(A)(1)(b) of the Pitkin County Land Use Code. The undersigned affiant certifies that:
1) all the information disclosed in this affidavit is we and correct;
2) the property described in this application is within the Rural/Remote Zone District;
3) the following is attached to this affidavit:
a) a copy of the legal description describing the entirety of the property for which
Development Rights are claimed;
b) a copy of the deed of sale or any other document evidencing the manner in which title
is held for the property;
c) a copy of the most recent tax assessment for the property; and
d) if available, a copy of the most recent title commitment.
WITNESS MY HAND THIS / 6' DAY OF H s e c 14 1 9-2i
By:
Printed Name: Kaltren Sapero
-�Zayw-
STATE OF COLO
✓1Ao�i C upo-
COUh'T'z OFP rrK3N
b Sworn to and subscribed to me this 15 day of ktu Cl
199 , by )C04 lCVI SQ KvO , who is personally known to me or provided
identification and did take an oath.
[AFFIX SEAL HERE]
Aermwvrr or Dzvztorsmrr Rziars
m RuzAtBzarorz Tone DwrRicT
Notary Public, State ofGelorado 19riL0vta-
OFFICIALaFAL
RFBECO OBTAFF
NdAry PUM �BtetsdArlimy
MARICOPACOUN
NyCca0 Faylrmnuo. n,taus
PAcz 2 of 2
J U'" — 1 2— 5 E. W E D
Certificate Number DA-9f,�oll•7ifS
Date Issued; -&--Ma At..
CERTIFICATE OF DGVVLOPMENT RIGHTS
Name of Development, Right(s) Owner:. _15tkc_.1Re7��rile :..21 Mtn— 5w r�3
,A• .,9• 8almon�9aearo 2/9 .gip
y►velitf 5/9
Address of Development Right(s) Owner�tkal:ffi.va.Rflan3t a.._37_A2$- Wltana vane,_,
Yhaa9.t,,r, _a.;.. � a,5,ei.a .moa 99a silo
c)rulesw�7 o_.,R,9 sox s9 sgaual,
Locationof Property: xohn la Soyr.Sh,�E.+atla3__.8a,,; wgg-q. seotioa s. ata sae a.=
Naar trail to Cathedral j,p15-w __tr}},p {,4......PT-e.._fs3tlr CamoarouaQ
Pursuant to Section 4-60.95(A)(1)(b) of the Pitkin county land Use Code, this certifies that
I Development Rights exist on a Preservation ,Site id,rltified by the legal description attached hereto
as Exhibit "A" which may be available for severance•, and,, ale as transferable development rights as set forth
in Sections 3.150.160 and 4-60.95 of the Code.
This Certificate of Development Rights is not an opinion of title regarding the Development Rights
and is based entirely upon information provided by kite owner of the Development Rights. If any of Ohre
information provided regarding the Development Bights is false, then the County reserves the right to
rescind this ICertificate with ten (10) days written. notice.
L 1'�Ih �?/'(Ti TI!/s�C w.��a+ /•pC ....__ h
Loa n.. y�t�.. {� u,,. }l rl uah-•C 6�gn; :ire of QWil� ff DevclRight(s)
ieli a le 5/ owner
$i5 9p.ot1_Ikha+•��4-�otl•2� M' y u
�o P•GPIK
Vvlw n o+�1 �iolh4 �1/at�cto
o �Si,oia at`.....OwnerofDevelopmentriglit(S)-------
�A " Y. •;- Owner of Development P.ight(s)
,:s - 2!9 owner
w�---------------
Signahue of Authorized Official
A legal description of the Frescrvation Site is attached. As Hahlbit "A"
Initials of Authorized Official
rnnnnmi•♦ Tf f\f. f\!Vt\ l\nl,Rl
J ISP!- 5 WED 34 415 o=r. F:ao. I [. .e r -.oc a[ a_, P C!J
Affidavit Number DR -tom
I(for office use only]
AFFIDAVIT OF DEVELOPNftN'T RIGHTS IN
THE RURAUREMOTE ZONE; DISTRICT
Background Informaijou
Name of Affiant: Karmen Spero 2/9 owner in Tralnors Best USMS 15920
Address: 1740 E, W41tann Lane, Phoenix, A7. 85022
Telephone: 602 992 6714
Property 1nrormsdon
Name of Development Right(s) Ovmer; ' s ? � �� a
p.Ln Sacro ,2/4, Michael Lavelle ,5%9, John 8etus �/9
Name of Any Mortgagors: None A
General location of Property: Tshp 12 S. R 84 W Section 6 1/4 Soo 2 Near tra 11 to cathedral
Lake above Pine creek campgrovndr _
Number, of Acres: ' 9.49
Date Prop" Acquired: approx 94
Names of All Contiguous Property Owners:
Development Riglrt Information
Number of Development Rights Claimed: 1
Has the Property Been Subdivided? Yes _ No X,,.,__
If the Property Has Been Subdivided, When Was it Subdivided?
Do You Have an Interest in Any Property Contiguous to the Property For Which You Are Claiming
Development Rights? Yes No X
Arrm�vrrorDevataesntrtRicans
IN Buiw/RKM: Taint Duralcr v.nv I nv t
S U�N — 1 2— 9 6 WED 9:35 R .... P_04
Affidavit Number DR. ��•3
[for office use only]
The. undersigned affiant seeks to obtain. a Certificate of Development Rights pursuant to, Section 4
60(A)(1)(b) of the Pitkin County Land Use Code. The undersigned affiant certifies that
1) all the information disclosed in this affidavit is true and correct;
2) the property described in this application is within file Rural/Remote Zone District;
3) the following is attached to this affidavit
a)a copy of the legal description desci ibing the entirety of the property for which
Development Rights are claimed; - 1
b) a copy of the deed of sale or any other dw.urietit evidencingg ric manner in which
title is held for the property;
C) a copy of the most recent tax assessment for the property; and
d) if available; a copy of the most recent title c6limitment
Completed to bast of my ability and catual knowledge. owner makes no
representations in regardto any ri_:bts which may or may not be
conveyed or created. by any ordinance in Pitkin County. racsimile
signature shall be followed vithin 7 days by an original ink
signature.
W'RtiLSS MY HAIWTHIS �3 DAYOF _._.._�Kn_",/d,���/.�19'f_� a0,.�. (/'//���
Printed Name:, Michael Lavelle - 519 owner of Trainors Best.
e4c Fn eM
STATE OF£66ARA.PBj
COUNTY OF-0grKKliwiN
Swomandsubscribed tonic this13 's dayof_.,_:.._� 199r-
5aw.aa
by Michael Lavelle . who is personally known to me or pruyided id ntifacation b�ppd did take an oath
[AFFIX SEAL HERE] Nota ty Public, St a of 6elerado-uc+F.wA
Commission Expires -Ahjl Y IlYYY
Address:
Kenneth Ray Dickey;
I) Comm. RR 5e582 ---
Q tpTAP NNMCOUNW
LIFORNIAD
`�j COm1n Elm V. Ma'l'e ri'e t>�wvl
U00020
AFFIDAVIT OF DEVELOPMENT RIGHTS
IN RURAUREMOTE ZONE DISTIUCf PAGE 2 OF 2
:LAW OFFICES OF
1. pR 97.022_CH:
OATES, KNEZEVICH, CIARDENSWARTZ, KELLY Sb MORROW, P.C.
PROFESSIONAL CORPORATION
acres OsllbbU7�D
THIRD FLOM AVEN PUVABURDING
Parnell, Clev d, Apex and Nellie Wash, USMS #7693,
WWF. HOPAINSAVENUE
PID #2999 ,9.49 acres 41 3LAC
#2999042600f VM4
ASPEN. COLOR U0.01611
Trainor's Best, USMS #15920; PID ,,B402O
w.sw owwnv �nN
LEONARD DATES
TELEPHONE9261]1,
FACSIMILE(VA 920.112,
TEO0 GAROENSWARLZ
OIRECTMISSH-HIM
DAVID B KEL 'y
10.33 acres
M4RIAMORROW
Copper Crystal, Silver Crystal, Silica Crystal, Gold
OF COUNEE:
ema®okglwtam
STEPHEN R. C,11OR
PID #299908400001, 59.2 acres
ANNINAILL'I'l-IF
is that the County shall apply the following criteria to issuance of the
SAPABM DAMS
$TIFRAATEMAV,1�L LEP
November 25, 2014
VIA HAND -DELIVERY
Suzanne Wolff, Senior Planner
Pitkin County Community Development Department
130 S. Galena Sdreet, Third Floor
Aspen, CO 81611
Re: TDR Certification for RR zone district parcels —
Carroll Drive Properties, LLC
Dear Suzanne:
As you ate.. aware, the applicant Carroll Drive Properties, LLC (`Applicant") is seeking to
convert five (5) Certificates of Development Rights ("DR Certificates") that were issued by Pitkin
County ("County") in 1996 and 1997 to Irrevocable Transferable Development Rights ("Irrevocable
TDRs').
The Applicant is seeking Irrevocable TDRs for the following parcels ("Parcels"):
1. pR 97.022_CH:
MB Sees. 15 & 22, TBS, R89W, PID #246113300006,40
acres OsllbbU7�D
=. DR 96.019.CH:
Parnell, Clev d, Apex and Nellie Wash, USMS #7693,
PID #2999 ,9.49 acres 41 3LAC
#2999042600f VM4
3. DR:�I^.Ol l ES:
Trainor's Best, USMS #15920; PID ,,B402O
10.33 acres (together with DR 96.011.2CH and DR
96.0113FS)
4. DR 97.023.ES:
Humbolt, USMS #4700, PID #299905200008,
10.33 acres
5. DR 97.02CE'S:
Copper Crystal, Silver Crystal, Silica Crystal, Gold
Crystal, Diamond Crystal & Lime Crystal, USMS #4949,
PID #299908400001, 59.2 acres
My understanding
is that the County shall apply the following criteria to issuance of the
Irrevocable TDRs:
000021
OATES, KNEZEVICH, GARDENSWARTZ, KELLY & MORROW P.C.
Carroll Drive Properties, LLC — TDR Application
November 25, 2014
Page 2
a. 2-40-30: Transfer of Development Rights
The Applicant is seeking approval for five (5) Irrevocable TDRs for the Parcels listed above
which are located in the Rural/Remote (RR) zone district. The Applicant shall address Land Use Code
Sec. 6-70-40 below.
b. 6-70-30(a)(1): TDR Sending Sites —Number of TDRs Created
The Applicant is seeking a total offtve (5) Irrevocable TDRs, one for each of the Parcels. All of
the Parcels are located in the RuraURemote (RR) zone district. Four (4) of the Parcels are legally
created parcels (e.g. miningpatents), and all but one are less than thirty-five (35) acres in size. As
legally created parcels, each is entitled to one (1) Irrevocable TDR. The other parcel is a metes and
bounds parcel that is forty (40) acres in size, and is therefore also entitled to one (1) Irrevocable TDR
pursuant to Sec. 6-70-30(a)(I).
6-70-40(a)(1-4): Criteria for Sending Sites
(1) 7?w sending sites are all legally created parcels.
(2) The Parcels are located in the Rural/Remote (RR) zone district, which is a zone district
from which development rights may be transferred pursuant to Sec. 6-70-30(a)(1).
(3) Only two (2) parcels meet the criteria for severing an Irrevocable TDR on a parcel
greater than thirty-five (35) acres and as the two parcels are less both less than 70 acres,
no aggregation ofacreage is required.
(4) The Applicant shall deed restrict the Parcels (e.g. Sending Sites) against all further
development in a form of deed restriction approved by the County Attorney. The deed
restriction shall address (a) what types of activities, if any, not involving structures or
regular human occupancy may still be conducted upon the landfollowing transfer of the
TDRs (with respect to types of activities that the Applicant wants to conduct upon the
land, the Applicant wants to continue to access the Parcels for hunting, fishing, hiking,
etc. not involving regular human occupancy), and (b) obligations regarding maintenance
of the land (including weed control andfence maintenance) following the transfer of the
TDRs.
There are no improvements on any of the sites. I am enclosing land surveys for each of the
Parcels from the Bureau of Land Management, vicinity maps from Pitkin County GIS, and the DR
Certificates as follows.
1. Exhibit A: Balcomb Metes and Bounds Parcel (DR 97.22.CH)
2. Exhibit B: Parnell, et al. Wash (DR 96.019.CH)
3. Exhibit Q Copper Crystal, et al. Lodes (97.024ES)
4. Exhibit D: Trainor's Best (DR 96.011.1 ES, 2CH & 3ES)
5. Exhibit E: Humbolt Lodt (DR 97.023ES)
000022
OATES, KNEZEvicH, GARDENSWAR!Z, KELLY & MORROW P.C.
Carroll Drive Properties, LLC — TDR Application
November 25, 2014
Page 3
I am also attaching as Exhibit F a copy of the Development Agreement from 2002, between
Carroll Drive Properties, Morton, LLC ("Morton') and the County regarding the allowable floor area for
each TDR should it be landed on certain properties owned by Carroll Drive Properties, whereby the
floor area per TDR for specific parcels owned by Carroll Drive Properties and/or Morton is valued at
5,000 square feet rather than 2,500 square feet.
Please contact me if you have questions on need additional information.
Sincerely,
OATES, KNEZEVICH, GARDENSWARTZ, KELLV &
MORROW, P.C.
By
Sarah M. Oates
Enclosures
Cc: Rocky Ts happat
GOu3"23
October 30, 2014
Suzanne Wolff, Senior Planner
Pitkin County Community Development Department
130 S. Galena Avenue, Third Floor i
Aspen, CO 81611 ✓ 0-�
r \
l
RE: Issuance of TDR Certificates (Yfr,
Dear Suzanne, '
On behalf of Carroll Drive Properties, LLC ("Carroll Drive Properties'), the current
holder of Certificates of Development Rights for the following parcels, l am
requesting the issuance of TDR Certificates for said parcels:
I. DR 97.022 CH: M/B Secs.15 & 22, TBS, R89W, PID #2115300006, 40
acres 55110"002,0:
2. DR 96.019.CH: Parnell, CI land, Ap Nellie Wash, USMS #7693, 41n -tip Cv
PID #299 9.4 res �, ftooy �.
3. DR 96.011.1 ES: Trainees Best, USMS O; PID#2999853®8@88, 2(K-C4✓f-L(�'I✓
10.33 acres (together with DR 96.011.2CH and DR
96.011.3ES)
4. DR 97.023 ES: Humbolt, USMS #4700, PID 4299905200008, t I7
10.33 acres
S. DR 97 024.E5: Copper Crystal, Silver Crystal, Silica Crystal, Gold[✓ -
Crystal, Diamond Crystal & Lime Crystal, USMS #4949,
PID #299908400001,59.2 acres
Additionally, I authorize Sarah Oates and Leonard Oates of Oates, Knezevich,
Gardenswartz, Kelly & Morrow, P.C. to process the TDR land use application on
behalf of Carroll Drive Properties.
Please contact me if you have any questions or need additional information. The
contact information for Carroll Drive Properties is as follows:
Carroll Drive Properties, LLC
0005 Carroll Drive
Aspen, CO 81611
Care of Rocky Tschappat
(970) 920-1227 office
rtschappat@carrolldrive.com
000024
Sincerely,
CARROLLDRIVE PROPERTIES, LLC J
Ey: f /-
Rocky Tschappat,.Authorized Representative
000025
PITKIN COUNTY PRE -APPLICATION CONFERENCE SUMMARY
PLANNER: Suzanne Wolff DATE: 10/29/14
PHONE: (970) 920-5093 E-MAIL: suzanne.wolff(@Ditkincountv.com
PARCELS & PARCEL ID #s:
• Parnell, Cleveland, Apex and Nellie Wash, USMS #7693; PID #299905400020; 41.32 ac
• Trainor's Best, USMS 15920; PID #299906200004; 9.49 ac
• Humboldt, USMS 4700; PID #299905200008; 10.33 ac
• Copper Crystal, Silver Crystal, Silica Crystal, Gold Crystal, Diamond Crystal & Lime Crystal,
USMS 4949; PID #299908400001; 59.2 ac
• M/B Secs. 15 & 22, T8S, R89W; PID #246115300006; 40 ac
ZONE: Rural/Remote
OWNER: Carroll Drive Properties
REPRESENTATIVE: Sarah Oates EMAIL: smo@okglaw.com
Type of Application: TDR Certification for parcels in the Rural/Remote zone distract
Land Use Code Sections to be addressed in letter of request (application):
• 2-40-30: Transfer of Development Rights
• 6-70-30(a)(1): TDR Sending Sites — Number of TDRs Created
• 6-70-40(a)(1-4): Criteria for Sending Sites
Review by: Community Development Director
Public Hearing? NO.
Planning Fee: $1,872 flat fee (non-refundable; based on 6 hours of staff time. If staff review
time exceeds 7.2 hours, the Applicant will be charged for additional time above 6 hours at a rate
of $312/hour)
To apply, submit 1 copy of the following information related to the sending sites:
1. Letter signed by the owner requesting issuance of TDR Certificates in compliance with
the Code sections listed above.
2. Owner's Background Information: Owner's name, address, telephone number, and email
address.
3. Parcel Description:
➢ Mining Claim: Claim name, United States Mineral Survey (USMS) Number and
Mining District, Pitkin County Parcel ID Number, number of acres,;
➢ Metes and Bounds Parcel: legal description, Pitkin County Parcel ID Number,
number of acres and number and types of improvements existing on-site.
4. Number and types of improvements existing on the sites (if applicable)
5. Certified survey describing and locating the parcel.
000026
6. Disclosure and Proof of Ownership: A disclosure of ownership of the parcel, consisting
of a current certificate or ownership and encumbrance report 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 mortgages, judgments, liens, easements, contracts
and agreements affecting use and development of the parcel and proof of the owners'
right to use the land for the purposes identified in the development application. This shall
normally require proof of complete ownership or written consent from all owners.
7. Documentation of how and when the parcels were created.
8. Documentation of chain of fitle/non-merger of lands for the subject parcel and all adjacent
parcels from title company or attorney.
9. Signed fee agreement (form attached)
10. Copy of this preapplication conference summary form
11. TDR Certificate and Restrictive Covenant executed by owners (forms attached)
NOTES:
• The required submission material is only that information related to the sending site. The
ultimate receiver site has no bearing upon the review or approval of a certificate of TDRs.
• 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.
The Land Use Code is available on-line at County Code
000021
PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEE(rS��yi
PITKIN COUNTY (hereinafter COUNTY) and
(hereinafter APPLICANT) AGREE AS FOLLOWS: 1— 1
1. APPLICANT has submitted to COUNTY an application for IOIxf�e—S
(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 apLllication completeness, APPLICANT shall pay a base
fee in the amount of $lgi� which is based orf 2- hours of staff time, and if actual time spent by staff
to process the application exceeds the average number of hours by more than 20%, then the COUNTY
will bill the APPLICANT quarterly for the additional time spent. Such periodic payments shall be made
within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs
shall be grounds for suspension of processing.
PITKIN COUNTY
Cindy Houben
Community Development Director
Effective 1/26/10
G:county\admin\forms\agreement to pay
000023
APPLICANT
G•wJ I Cw\.--
P ' Name
J
gnature
Date: Ii
/ /
Mailing Address:
uW OFFICES OF
OATES,.KNEZEVICH, GARDENSWARTZ, KELLY & MORROW, P.C.
PRDFESSIONPLCOHPORI
THIRO FLOOR ASPEN PLNA BUILDING
SSSE HOPKINSAVENUE
ASPEN. COLORADO.SIBH
...I. CCM
LEONARD M ANTES
NICHANVANNES VICH
TED OARDENSWARTZ
MID KELLY
MMM MORROW
OF COUNSEL'
STEPHEN R CONNOR
MPEMARRMCPMEE
SAPAHM OATES
STEPHANIE M HMDEP
ATTORNEY'S OPINION LETTER
NON -MERGER OF PARCELS/CHAIN OF TITLE
TELEPHONELSTDIMAI7DD
FgCIFECT PT01W HELD DIRECTRTOISHAEW
L.o@.F N_
By this letter, the undersigned, Sarah M. Oates, an attorney licensed to practice law in the State
of Colorado hereby certifies the following with respect to the following parcels owned by Carroll Drive
Properties LLC:
1. Parnell, Cleveland, Apex and Nelfie Wash, USMS #7693 is surrounded by U.S. Forest Service
land to the north, east and south of the property and a mining claim owned by an unrelated/unassociated
party to the west. The property was purchased from the Willoughby Group in 1996. The Willoughby
Group obtained a Certificate of Development Rights from Pitkin County in 1996. The property is not
merged with any adjacent property.
2. Trainor's Best, USMS 915920 is surrounded by land owned by the U.S. Forest Service and a
mining claim owned by an unrelated/unassociated party to the north. The property was purchased from
John Betus, Kalmen Sapero and Mike Lavelle in 1997. The prior owners obtained a Certificate of
Development Rights from Pitkin County in 1996. The property is not merged with any adjacent
property.
3. Humboldt, USMS #4700 is surrounded by land owned by the U.S. Forest Service to the west and
south, and two mining claims owned by Express Creek Trust to the east and north. The property was ,
purchased from the Friedl Pfeifer Revocable Trust in 1997. The Trust obtained a Certificate of
Development Rights from Pitkin County in 1997. The property is not merged with any adjacent
property.
4. Copper Crystal, Silver Crystal, Silica Crystal, Gold Crystal, Diamond Crystal & Lime Crystal,
USMS #4949 is surrounded by land owned by the U.S. Forest Service. The property was purchased
from the Friedl Pfeifer Revocable Trust in 1997. The Trust obtained a Certificate of Development
Rights from Pitkin County in 1997. The property is not merged with any adjacent property.
5. M/B Secs. 15 &22, T8S, R89W is surrounded by land owned by the U.S. Forest Service and
Pitkin County. The property was purchased from Scott M. Balcomb and Janet Balcomb in 1997. The
Balcombs obtained a Certificate of Development Rights from Pitkin County in 1997. The property is
not merged with any adjacent property.
00002`/
OATEs, KNEZEVICH, GARDENSWARTZ, KELLY & MORROW, P.C.
December 17, 2014
Page 2
6. This Opinion is given solely for the purposes of the land use application of Carroll Drive
Properties, LLC made with the Pitkin County Community Development Department to obtain approvals
for Irrevocable Transferable Development Rights; and, may not be relied on for any other purpose.
Dated �, 2014.
Very truly yours,
OATES, KNEZEVICH,GARDENSWARTZ,
KELLY & MORROW, P.C.
By:
Sarah R. Oates
000330
DFVFt OPMENP AGREEMENT
(Carroll Drive Properties)
MDevelopmentAgreemenl("Agreement") made this day of nl 200A
between Carroll Drive Properties, LLC, a Colorado limited liability company (`CDP"), Morton,
LLC, a Delaware limited liability company ("Morton") and Pitkin County, Colorado ("Pitkin
County"), a home role Colorado county.
RECITALS
A. CDP is a Delaware limited liability company having its principal place of business
at 0314 Carroll Drive, Aspen, CO 81611.
B. Morton is a Colorado limited liability company having its principal place of business
at 0330 Morton Drive, Aspen, CO 81611.
C. Pitkin County, Colorado is a home rule Colorado county, having as its address 530
E. Main Street, Aspen, CO 81611.
D. Pitkin County is the land use authority in unincorporated Pitkin County, Colorado
E. On and at all times since, January 1, 2000, CDP was and CDP is now the fee simple
owner of the real property situate in Pitkin County, Colorado described on Exhibit
"A" attached hereto (the "Properties"); except one of the properties, Lot RSO, was
conveyed by CDP to Morton, in 2000. Morton, is owned by James Stafford, the
nephew of William Ziff.
F. CDP is wholly owned by members of the William Ziff family, and the Properties
have been owned at all times pertinent by members of the William Ziff family.
G. Commencing in 1996 and continuing through into 1998, CDP acquired the len (10)
transferable development rights referenced in Exhibit "B" attached hereto. In 1999
Morton acquired one (1) transferable development right (collectively the 'TDRs").
H. CDP and Morton acquired theTDRs forpurposesof allowing them to apply the same
on the Properties, some or all of them, in order to exceed allowable floor area above
that permitted by right under the Pitkin County Lend Use Code, as now, in effect or
hereafter amended ("Code").
Page 1
I IIIINkI�ti�Iq�III�INNIN�II
468341
W,04/2802 ex:aar//,
snvra MIS vmna L y re a a." a also
C,
00013131
I. CDP and Pitkin County have agreed that for purposes of use of the TDRs on the
Properties for intensity bonus purposes, i.e. additional floor area on each of the
Properties, that the TDRs shall continue in be valued at 5,000 square feet of floor
area per TDR, subject to the conditions herein contained.
NOW, THEREFORE, for a good and valuable consideration the receipt and sufficiency of
which is hereby acknowledged by each of the Parties, and the mutual covenants, promises and
conditions contained herein, CDP and Morton, and Pitkin County agree as follows.
1. Each of the Properties qualification as a receiver site for the TDRs shall be reviewed
under the provisions of the Code as the same is currently in effect and hereafter shall
be entitled to review under the Code as the same may hereafter be rewritten and
hereafter amended, if rewritten or amended.
2. If the TDRs are used on the Properties, each of the TDRs is agreed to be valued for
intensity bonus purposes at 5,000 square feet of floor area.
3. In the event that the TDRs shall be sold by CDP or Morton or utilized by CDP or
Morton on real property other than the Properties, the TDR so sold or utilized shall
be valued at 2,500 square feet of floor area for intensity bonus purposes and 5,000
square feet of floor area for GMQS subdivision exemption for newly created lots.
4. CDP and Morton may transfer and convey the TDRs to members of the William Ziff
family, including trusts of which they are the beneficiaries and for entities of which
they are the controlling members, subject to the lentis, conditions and obligations of
this Agreement, at the values contained in Paragraph 2 above so long as the TDRs
shall be utilized on the Properties by members of the William Ziff family including
trusts of which they are the beneficiaries and/or entities controlled by them.
5. The rights of CDP and Morton pursuant to this Agreement shall be permanently
vested.
6. This Agreement shall be binding upon the Parties berate, their respective successors
and assigns, and shall constitute a burden and benefit to the Properties.
7. In the event of any dispute arising under this Agreement, the prevailing parry therein
shall be entitled to the award of its reasonable attorney's fees in addition to any other
relief which said Party shall be entitled.
Page 2
IllillllllllllllllNIIIIIIIIIIIIIIVIIIIIIIIBII�IIIII 0683.302aar /(
SILVIA CAYLS >RRIN COUNTY CC R 9.0a a 0.0a
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day
and year first written.
MORTON, LLC
By Il£Yr Y4�<
James Stafford, Manager
ATTEST
1
:, ` zl'
Clderk of the Board
CARROLL DRIVE PROPERTIES, LLC
By e IJXY ,Rfa�
Daniel Ziff, Manager
PITKIN COUNTY, COLORADO
BY ITS BOARD OF COUNTY C(
0.4LUKtiegNJFAWeO dWe Ryeme, traroa Valwlm IuusM�eeru Nul.vrtl
ItI1B�1ls
�� .. „n °°�83� ess.sac
000033
IN WITNESS WHEREOF, the Panics hereto have executed this Agreement as of the day
and year first written.
MORTON, LLC
By
J es Stafford, Manager
ATTEST
Clerk of the Board
000034
OLL DRIVE PROPERTIES, LLC
By
_\
Daniel Ziff, Manager
P1TKIN COUNTY, COLORADO
BY ITS BOARD OF COUNTY COMMISSIONERS
II�IY 410��II ,Y� Ilu�lp I� II �I N/.4' 02 02:206
SILVIA NVlf PIWIN cwwv fA R 0.00 0 0,0
(3
Lot R9
Lot R22
Lot R23 -A
Lot R25 -A
Lot R49
Lot R50
Lot R51
Lot R52
Lot R53 -A
Lot R86A
Stern Ruch, Tract 2
Lot 1, Ziff Lot Split
Lot 2, Ziff Lot Split
Cemetery Tract
00035
.,rF.-
468341
a2;20F
O.Ve e6/e<o�e ee
IWNIIi-To
�ili�
1.
Scottish Chief
IR-98.37ES
2.
Trainor's Best
DR-96.011JES
DR-96-011.2CH
DR-96-011.3ES
3.
Concord
DR-96-012ES
4.
Red Mountain King Mammoth 1&2
DR -96.015.1
DR -96.015.2
DR -96.015.3
5.
Crystals (5)
DR-97.024ES
6.
Humboldt
DR-97-023ES
7.
Balcomb (Thompson Creek)
DR-97.022CH
8.
Parnell, et al
DR-96.019CH
9.
Highland, 1,2 & 3
IR-97.3ES
10.
Boulder, et a1
DR-97.025ES
11.
The Amazon and Mascott
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000036
PITKIN COUNTY COMMUNITY DEVELOPMENT
Permit Receipt
RECEIPT NUMBER 00037245
Name: CARROLL DRIVE PROPERTIES, LLC Date:11/25/2014
Project Address: 0 N THOMPSON CREEK RD
Type:
check
# 22111
Permit Number
Fee Description
Amount
0101.2014.PLAN PP- Flat Fee
! <-L'r I
1,872.00
1,872.00