HomeMy WebLinkAboutpitkin.planning.273503200010 (2015)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)
RECEPTION#: 619395, 04/28/2015 at
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DETERMINATION
Janice K. Vos Caudill, Pitkin County, CO
DETERMINATION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF PITKIN
COUNTY, COLORADO, APPROVING THE ASPEN CASTLE CREEK LLC MINOR
AMENDMENT TO ACTIVITY ENVELOPE
Determination NoI13-2015
RECITALS
1. Aspen Castle Creek LLC ("Applicant') has applied to the Pitkin County Community Development
Director for a Minor Amendment to an Activity Envelope to accommodate a proposed swimming pool
and spa and associated equipment.
2. The parcel is located at 103 Oak Ridge Drive, PID# 2735-032-00-010 (Legal description Exhibit A).
3. The parcel contains approximately 5. 69 acres and is non -conforming in size as it is in the AR -10 zone
district.
4. The parcel received a 1041 Hazard Review Site Plan approval in 2006 for the primary residence (B 78,
P 11, 12). Administrative Determination No. 15- 2013 approved an Activity Envelope and Site Plan for
an addition and a CDU (B 102, P 85).
5. The request for a Minor Amendment to expand the Activity Envelope complies with the applicable
provisions of the Land Use Code, as follows:
a. The Activity Envelope will be primarily comprised of slopes less than 30%
b. The wildfire hazard is mapped as high and must be mitigated pursuant to Section 7-20-60 of the
Land Use Code.
c. The parcel is located within a mapped Scenic View Protection Area. The pool will not affect
scenic issues.
d. The Code standards for a Minor Amendment can be met.
NOW, THEREFORE, BE IT DETERMINED by the Pitkin County Community Development
Director that the Aspen Castle Creek LLC Minor Amendment to an Activity Envelope to
accommodate a swimming pool, spa, and associated equipment is approved subject to the following
conditions, which shall run with the land 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. Conditions of Administrative Determination No. 15-2013 remain in force
and effect.
2. Prior to submission of any future building permit applications for the pool or other development in
the expanded envelope area, the Applicant shall be required to submit for approval by the County
Attorney and Community Development an amended Site Plan with an Activity Envelope in
accordance with Land Use Code Section 2-30-20(g) and Application Manual Sections 2. 1.1 & 2.1.12.
The above referenced approvals shall be a condition precedent to finalization and recordation. The
Mylar copy of the plat shall be signed by the owner prior to submittal for recording.
3. The pool shall be operated and maintained in accordance with The Buttermilk Metropolitan District
"Rules and Regulations" relative to water use restrictions and non-essential uses.
4. Prior to issuance of the permit for the pool the Applicant shall show approval of a Water Service
Application by the Buttermilk Metropolitan District.
5. No calculations for height, bulk, setback, size, floor area, or any other building and zoning requirements
have been conducted. These requirements will be considered at the time of building permit. Any
structures represented in the application might not be permitted under building and zoning regulations.
6. Failure to comply with these conditions of approval may result in revocation of this permit or any
subsequent permits related to this property or vested rights associated with this property.
APPROVED` fb�yl the Director, this' Clay of April, 2015
�k .ILA R A LCA
Cin y ouben,
Community Development Director
273503200010
P 027-15
Aspen castle creek Ile minor amendment
LTG Policy No. LTF162004435
Our Order No. Q62004435
EXHIBIT "A" LEGAL DESCRIPTION
A PARCEL OF LAND SITUATED IN THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER AND
THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER, SECTION 3, TOWNSHIP 10 SOUTH,
RANGE 85 WEST OF THE 6TH PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT THE WEST QUARTER CORNER OF SAID SECTION 3;
THENCE NORTH 00 DEGREES 08'32" WEST 92.39 FEET ALONG THE WEST LINE OF SAID
SECTION 3;
THENCE NORTH 68 DEGREES 19' 32" EAST 656.50 FEET TO A POINT ON THE WESTERLY
BOUNDARY OF PROPERTY DESCRIBED IN BOOK 241 AT PAGE 628;
ALONG SAID BOUNDARY THE FOLLOWING COURSES AND DISTANCES;
SOUTH 23 DEGREES 38' 00" EAST 61.84 FEET,
SOUTH 45 DEGREES 14'00" EAST 223.75 FEET;
SOUTH 34 DEGREES 05'00" EAST 121.14 FEET, AND
SOUTH 18 DEGREES 56' 00" EAST 102.00 FEET;
THENCE SOUTH 89 DEGREES 06' 56" WEST 895.20 FEET TO A POINT ON THE WEST LINE OF
SAID SECTION 3;
THENCE NORTH 00 DEGREES 23'01" EAST 90.00 FEET ALONG THE WEST LINE OF SAID
SECTION 3 TO THE POINT OF BEGINNING.
PARCEL NO. 2
A NONEXCLUSIVE ACCESS EASEMENT AND RIGHT OF USER IN AND TO THE BUTTERMILK WEST
ROAD AS RESERVED OR GRANTED BY DOCUMENTS RECORDED IN BOOK 224 AT PAGE 459, AND
BOOK 224 AT PAGE 478, AND ANY OTHER DOCUMENTS OF RECORD, THE DESCRIPTION OF
WHICH ROAD WAS AMENDED BY DOCUMENT RECORDED IN BOOK 246 AT PAGE 842 OF THE
RECORDED OF PITKIN COUNTY.
PARCEL NO.3
A NONEXCLUSIVE ACCESS AND UTILITY EASEMENT AND RIGHT-OF-WAY IN THAT CERTAIN
PRIVATE ROAD AS DESCRIBED BY AGREEMENT AND DEED OF EASEMENT DATED APRIL 24,
1972, AND RECORDED IN BOOK 263 AT PAGE 6 OF THE RECORDS OF PITKIN
COUNTY.
COUNTY OF PITKIN, STATE OF COLORADO.
000020
PITKIN COUNTY PRE -APPLICATION CONFERENCE SUMMARY
PROJECT: Aspen Castle Creek LLC Minor Amendment to Activity Envelope
LOCATION: 103 Oakridge Drive
ZONING: AR -10
OWNERS: Aspen Castle Creek LLC
REPRESENTATIVE: John Galambos
A401,".. Ak 2
PID# 2735-032-00-010
SIZE: 5.68 acres
PHONE and EMAIL: 429-1286
j galam bos@galam bosarchitects.net
DATE: September 10, 2014 PLANNER: Lance Clarke, 920-5452
Type of Application: Minor Amendment to Activity Envelope to accommodate swimming pool.
Description of Project/Development: The Applicant desires to obtain approval for activity envelope expansion for
construction of a swimming pool.
Land Use Code Sections to be addressed in letter of request (application):
Sec. 7-10-50:
Site Plan/Activity Envelope;
Sec. 7-20-10:
Site Preparation and Grading;
Sec. 7-20-20:
Steep and Potentially Unstable Slopes (show topo for expanded area);
Sec. 7-20-50:
Geologic Hazards (slopes);
Sec. 7-20-60:
Wildfire Hazards (High);
Sec. 7-20-130:
Landscaping and Vegetation Protection;
See. 7-20-140:
Lighting;
Sec. 2-20-150 (b):
Minor Amendments
Staff will refer the application to the following agencies: Aspen Oaks HOA, West Buttermilk Metro District, Zoning
Review by: Administrative
Public Hearing: No
FEES: $ 936 (Please make check payable to "Pitkin County Treasurer")
• Planning Office flat fee: $936 (non-refundable; based on 3 hours of staff time. If staff review time exceeds 4 hours,
the Applicant will be charged for additional time above 3 hours at a rate of $312/hour).
To apply, submit 2 copies of the following information, unless noted otherwise:
Submit one unbound copy with no pages larger than 1I" x 17" and one set of large maps:
1. Summary letter explaining the request, providing background on prior approvals and permits, and addressing each of
the provisions of the Pitkin County Land Use Code identified above in sufficient detail to demonstrate that all
substantive review criteria have been met. Summarize existing conditions, current uses and proposed future uses or
expansions as described in Section 1.1 through 1.8 of the Pitkin County Land Use Application Manual.
2. 24" by 36" and 1 1" by 17" Activity Envelope and Site Plan as designated in Sections 2.1.1 and 2. L 12 of the Pitkin
County Land Use Application Manual;
3. Copies of all resolutions, ordinances and approvals including any recorded drawings;
4. Proof of ownership of subject property as designated in Section 1.3 of the Pitkin County Land Use Application Manual;
5. Parcel description, including legal description and 8-1/2" x 11" vicinity map locating the subject property within Pitkin
County;
000001 o � �3s
6. Proof of adequate water (in terms of both quantity and availability) for pool purposes (Metro District approval).
7. Consent from all owners to process application and authorizing the representative;
8. Total fee for review of the application;
9. Executed Pitkin County Community Development Agreement for Payment of Land Use Application Fees;
10. List of all property and mineral estate owners within a 300 foot radius of all parcel lines;
11. A copy of this Pre -application Conference Summary form.
NOTES:
➢ PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COPY OF YOUR COMPLETE APPLICATION. PLEASE
SUBMIT TWO-SIDED COPIES OF ALL REMAINING COPIES OF YOUR APPLICATION (IF POSSIBLE). THE
PARCEL IDs SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED IN YOUR APPLICATION
➢ ALL MAPS SHALL BE FOLDED.
➢ AT LEAST ONE COPY OF APPLICATION SHALL HAVE ALL DOCUMENTS AT NO LARGER THAN 11 VX 17"
SHEETS.
➢ 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 staff's interpretations based upon
representations of the applicant. Additional information may be required upon a complete review of the application.
NOW
AN APPLICATION FOR
MINOR AMENDMENT TO ACTIVITY EVELOPE
Submitted by:
Aspen Castle Creek LLC
201 N Mill St. #201
Aspen, CO 81611
March 16, 2015
Prepared by:
Galambos Architects
314 Suite D Aspen Airport Business Center
Aspen, CO 81611
Page 1
000003
March 16, 2015
Lance Clarke
Pitkin County Community Development Department
130 South Galena St.
Aspen, CO 81611
RE: Aspen Castle Creek LLC —
Minor Amendment to Activity Envelope
103 Oak Ridge Drive; Parcel ID#:2735-032-00-010
Dear Lance,
Aspen Castle Creek LLC (Applicant) is the owner of a property at 103 Oak Ridge Drive (PID# 2735-032-00-
010). Please refer to Attachment #1a and #1b, Vicinity Maps, which depict the location of the property.
The applicant is represented by Galambos Architects in this land use application (see attachment #4).
The applicant is requesting approval amend the Building Envelope as depicted for the purposes of
constructing a swimming pool and spa and associated equipment bunker.
Please see Attachment #2, the Pre -Application Conference Summary.
The following attachments are included in this application:
Attachment #1a:
Vicinity Map.
Attachment #lb:
Enlarged Vicinity Map.
Attachment #2:
Pre -Application Summary.
Attachment #3:
Proof of Ownership —Title Commitment.
Attachment #4:
Authorization —Applicant Representative.
Attachment #5:
Agreement for Payment of Land Use Application Fees.
Attachment #6:
List of Adjacent owners within 300 feet.
Attachment #7:
Proposed Activity Envelope Site Plan —with Slope Analysis.
Page 2
000004
BACKGROUND
In 2006, Pitkin County approved the Shifrin 1041 Hazard Review Site Plan recorded March 27, 2006 in
Plat Book 78 at Pages 11 and 12 (Refer to Attachment #7). In the same year, a permit was issued for a
9,223 square foot single family residence and was completed in 2007 on the subject property. The
previous structure was demolished, and the current residence was constructed.
In 2013 a new Activity Envelope and Site Plan with Scenic Review was recorded (reception #597514
dated 3/07/2013). This allowed for the home to add 2 TDRs of floor area, a caretaker unit located on
the lower bench of the property, and a new site plat was recorded.
Some minor interior renovation work has occurred since 2013.
PROJECT DESCRIPTION
Currently the owners wish to amend the building envelope for the purposes of building an exterior pool
and spa and associated equipment bunker.
LAND USE APPROVALS
This section of the land use application demonstrates compliance with the standards identified in the
Pitkin County Pre -Application conference summary sheet (see attachment #2). The code sections are
given in bold, and the responses below in italics.
7-10-50 Site Plan/Activity envelope:
(a) The intent of this Chapter 7 is to allow activities and development to take place where they
comply with the provisions of this Land Use Code and with the Pitkin County Comprehensive
Plan for the area. Compliance will generally involve avoidance of "Constrained Areas" through
the identification of an "Activity Envelope," as well as approval of a Site Plan.
Existing activity and building envelopes have been established for the site and a home has been built on
this site in compliance of the Land Use Code. The proposed expansion of the building envelope conforms
to the Land Use Code and with the Pitkin County Comprehensive plan.
Not all the "constrained areas" as defined by the code apply to this condition. The expanded envelope
will avoid applicable "constrained areas" as follows: (ii) steep and potentially unstable slopes, (v)
geological hazard areas, (vi) severe or low to moderate wildfire hazard areas.
Refer to the Activity Envelope Site Plan in Attachments #10a and #10b which has been prepared in
compliance with these sections of the Land Use Code.
b) The Site Plan process incorporates an "Activity Envelope" approach in which the County
staff works with the applicant to determine which portions of the site (if any) would permit
the proposed activity or development to be conducted in compliance with this Land Use Code
and in conformity with the Comprehensive Plan for the area. In general, this process will
involve both a determination of (i) which portions of the site are not available for
development because of the existence of Constrained Areas, and (ii) of the remaining portions
of the site, which areas would accommodate the activity or development so as to minimize
Page 3
000005
impacts on surrounding properties, maximize compliance with the requirements of the
development standards in this Chapter 7, and maximize compliance with the Comprehensive
Plan goals and objectives.
This application will (i) avoid constrained areas and (ii) have no impact on surrounding properties.
(c) In general, the defined Activity Envelope for development of primary uses shall be large
enough to accommodate the proposed principal use of the property and traditional permitted
accessory structures, infrastructure (roads and septic systems), and uses, but should not be
significantly larger than the area needed for such structures.
The proposed envelope expansion is large enough to accommodate the proposed pool, spa and
associated equipment.
d) Clearing, grading, grubbing, earthmoving that exceeds fifty (50) cubic yards, or changes in
the natural drainage of the site shall occur only after an Activity Envelope has been defined
and all applicable local, state and federal permits have been obtained. In addition, Site Plan
Approval is required if these activities will occur on a property within a Scenic View Protection
Area.
As required, the only grading and filling, grubbing, clearing, and vegetation removal on the site will
occur only after the Activity Envelope has been defined and when appropriate permits have been
obtained. Scenic review occurred per the 2013 determination.
7-20-10: Site Preparation and Grading
As required, the only grading and filling, grubbing, clearing, and vegetation removal on the site will occur
within the defined Activity Envelope shown in the Activity Envelope Site Plan in Attachment #10a. Tree
removal and the protection of natural terrain (including re -vegetation, topsoil management weed
prevention, utility installation, erosion, sedimentation, and storm management) will meet the criteria in
this section of the Land Use Code.
7-20-20: Steep and Potentially Unstable Slopes
A slope analysis was performed per the site plan dated XXX that identified any slopes greater the 30%.
The proposed Building Envelope was created to avoid 15% grades.
7-20-50: Geologic Hazards
The subject parcel does not lie within any avalanche, landslide, rockfall, alluvial fan, talus slope, mancus
shale, fault expansive soil and rock, or ground subsidence areas.
7-20-60: Wildfire Hazards
The applicant believes that the parcel lies in a high wildfire hazard area and shall comply with the
standards applicable to all wildfire hazard areas as identified in the county code by creating a defensible
space, proper access, adequate water supply for fire safety, appropriate roofing materials(medium
hazard area), and follow all maintenance and miscellaneous requirements.
Page 4
0000016
7-20-130: Landscaping and Vegetation Protection
The applicant agrees to comply with the landscape and vegetation protection measures incorporated in
this standard. Indigenous trees, Colorado Spruce and Aspen, shall be clustered in natural groupings.
New trees will enhance existing trees and will be placed in a natural, random order while providing
ample screening of the visual impacts.
7-20-140: Lighting
The applicant agrees to comply with this section of the code.
2-20-150: Minor Amendments
(b) Minor Amendments Defined A minor amendment to any development application or
permit is one that meets the following criteria, as determined by the Community
Development Director:
(1) Is consistent with action(s) taken during previous development approvals for the property;
and
This application is consistent with previous development approvals for the property.
(2) Does not change the use of the proposed development between residential, commercial
and tourist accommodation uses; and
This application does not change the use of the property
(3) Does not change the basic character of the approved use of land on which the activity
occurs, including basic visual appearance and method of operation; and
This application does not change the basic character of the approved use of the land or visual
appearance.
(4) Does not constitute a new land development activity; and
This application does not constitute a new land development activity
(5) Does not increase off-site impacts in the surrounding neighborhood; and
This application does not increase off-site impacts.
(6) Does not endanger the public health, safety or welfare; and
This application does not endanger the public health, safety or welfare.
(7) Does not violate any Land Use Code standard; and
This application does not violate any Land Use Code standard.
(8) Does not substantially increase the need for on-site parking or utilities, or affect affordable
housing generation; and
Page 5
This application does not substantially increase the need for on-site parking or utilities, or affect
affordable housing generation.
(9) Does not increase the floor area of the use by more than five (5) percent or decrease the
open space on the site by more than five (5) percent.
This application does not increase the floor area or decrease the open space by more than 5 percent.
SUMMARY
The applicant is proposing to amend the building envelope for the purpose of installing an in -ground
pool and spa and associated equipment. This land use application has demonstrated compliance with
the Land Use Code standards identified in the Pre -Application Conference Summary (see attachment
#2).
Please contact me if any clarifications are required for this application.
Respectful Submitted,
John Galambos
Galambos Architects, Inc.
314 D AABC
Aspen, CO 81611
(970)-429-1286
000003 Page 6
L
ATTACHMENT#1a
� VICINTY MAP
Red Mountain
Subject Property: I I I \
103 Oak Ridge Drive Qo
Aspen, CO 81611 r�
i
10
z
Bell Mountain
$1ipMp,O ! I I11 [ J1VILIY 1 1 1U _
\/IrINTY MAP
PITKIN COUNTY COMMLNITY DEVELOPMENT DF.PAR I MENF
AGREF.MEN f roR PAYN-a , rOF LAND LSE. APPLICATION_FPFS
Pl7'KINCOVANTI'(hereinafter -COLQTY"'')and
(hereinafter "APPLICANT') AC;RFP: AS POLI M& S: ,, j�
1. APPLICANT has submitted to COI N I wt application for 'ww Awo ^� _
__(hereinafter. the "PROJE "r
_. APPLIC'ANT' undctstands and agmcs that Pitkin County Ordulancr No 30 :009 ettshlishus a fee
structure tut land use applications and the pa)'tcent of all processing fees i. a condition precedent to a determination of
applit:etlion cnntplctc[trss. Thi fire stntcturc is haacd on the COUNTY'S police that dcvclopmaot .hall pay. in fullt the
cost of development review in the COUNTY. hers }lave txcn set u) lx consistent and fair to the public and to reflect the
cxpcuse incurred in providing such setv'ic�� to the public.
:, APPLlG\-1 and Ceti\TY aerec that hccau,e of dle size, nature or scope of the proposed PR( JFC.T, it
way not he possible a the time of application to ascertain tits full c ,Litt of the ecru involved in pmcesstnn, the
application.
1. AI'PLICAN f and C'O111'Y ai,Tt:c that fres chary cd for tits procv..sltw of land use :)pplications shall
aceomulstc if an applic:uion includes more than one type of land use rcvncw.
i. COLNn' and APPLICANT further ap7ee that it is :mpracticablt for ('01NTY sti io camplete
proccssing or luescnt auflicicut intornlation to the Planning Commission and:nr Board ofCounly Commissi'wcrs to
enable the Platming Commission andror Board of County Commissioners to stake Icgal''w required findimzs for project
approval, ,unless current billings am paid in Rd' pritx to decision_
6 Therefore. APPLICANT ag,nrs that in consideration o' the COUNTY'S w aivcr of is right to call-cct full
fees prior to a dcterminatiou of application completeness, APPLIC'AN'I •:hall pay a base fee in the amount of'S
whteh is haled on hours of s'a0 time, and if aorta, time spetn h} staff Lo process the application e�ecods the average
nwnbet of hours b% more than 20'%�, then the COLN I Y will bill the APPLICANT yttarterty for the additional time. spent.
Such periodic pa)mcnts shall be made within 30 dav+of the bitlin-date APPLICANT Flirt her aerecs that failure to pa}
such accrued cu.15 shall be _round, fir suspension of pt'occssm^.
PITKIN Cot'N-n-
Cindy Nouben
Communitv Development Director
0000'1
{ AI9 L
By: wl V
Tom. m e- lJ-e �lr PrintName and Title (i�able)
Mailing Addrms:
Aspen Castle Creek LLC
201 N. Mill Street, Suite #201
Aspen, CO 81611
March 16, 2015
Pitkin County Community Development
Attw Lance Clark
130 S. Galena Street
Aspen, CO 81611
RE7 103 Oak Ridge Drive
Authorization to submit a Land Use application
Lance,
Aspen Castle Creek LLC is the owner of the property located at 103 Oak Ridge Drive.
This letter authorizes Galambos Architects, Inc to submit an application on behalf of
our partnership as the Applicant for a Minor Amendment to the Activity Envelope.
Galambos Architects, Inc also has permission to represent our partnership in the land
use review process. Galambos Architects, Inc. can be reached at (970) 429-1286 and
are located in the Aspen Airport Business Center, building 314, Suite D, in Aspen
Colorado.
Regards,
Creek LLC
M. Melleby
000012
ATTACHMENT#3
Date: May 09, 2012 PROOF OF
OWNERSHIP
SHERMAN & HOWARD LLC
201 NORTH MILL STREET
SUITE 201
ASPEN, CO 81611
BJOSEPH KRABACHER
Subject: Attached Title Policy Q62004435
for 103 OAK RIDGE DR ASPEN CO 81611
Enclosed please find the Owner's Title Insurance Policy for your purchase of the
property listed above.
This title policy is the final step in your real estate transaction, and we want to take
a moment to remind you of its importance. Please review all information in this
document carefully and be sure to safeguard this policy along with your other legal
documents.
Your owner's policy insures you as long as you own the property and requires no
additional premium payments.
Please feel free to contact any member of our staff if you have questions or concerns
regarding your policy, or you may contact the Final Policy Department directly at
970-925-1678.
As a Colorado -owned and operated title company for over 40 years, with offices
throughout the state, we take pride in serving our customers one transaction at a time.
We sincerely appreciate your business and welcome the opportunity to assist you with any
future real estate needs. Not only will Land Title be able to provide you with the title
services quickly and professionally, but you may also be entitled to a discount on title
premiums if you sell or refinance the property described in the enclosed policy.
Thank you for giving us the opportunity to work with you on this transaction. We
look forward to serving you again in the future.
Sincerely,
Land Title Guarantee Company
000013
* * OWNER'S POLICY OF TITLE INSURANCE
ANY NOTICE OF CLAIM AND ANY OTHER NOTICE OR STATEMENT IN WRITING REQUIRED TO BE GIVEN TO THE COMPANY UNDER
THIS POLICY MUST BE GIVEN TO THE COMPANY AT THE ADDRESS SHOWN IN SECTION 1a OF THE CONDITIONS.
* COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE
CONDITIONS, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, (the "Company"),
insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage,
not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of:
1. Tide being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the tide; This covered Risk includes but is not limited to insurance against loss from
(a) A defect in the Tide caused by
() forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation;
Ii) failure of any person or Entity to have authorized a transfer or conveyance;
(i) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered;
(v) failure to perform those acts necessary to create a document by electronic means authorized by law;
(v) a document executed under a falsified, expired, or otherwise invalid power of attorney;
(vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or
(vi) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Tide by a governmental authority due or payable, but unpaid.
(c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the
Land. The tern "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing
improvements located on adjoining land.
3. Unmarketable Title.
4. No right of access to and from the land.
5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoningl restricting, regulating, prohibiting, a relating to
(a) the occupancy, use or enjoyment of the land;
(E) the character, dimensions, or location of any improvement erected on the Land;
(c) the subdivision of land; or
(di environmental protection
if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or
enforcement referred to in that notice.
6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the
Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice.
7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the land, is recorded in the Public Records.
8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge.
9. Title being vested other than as stated in Schedule A or being defective
(a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in
the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under
federal bankruptcy, state insolvency, or similar creditors' rights laws; or
(b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, %
similar creditors' fights laws by reason of the failure of its recording in the Public Records
I7 to be timely, or
ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor.
10. Any defect in or lien or encumbrance on the Tide or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the
Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Tide as shown in Schedule A.
The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the
Conditions.
Issued through the Office of:
LAND TITLE GUARANTEE COMPANY
533 E HOPKINS #102
ASPEN, CO 81611
970-925-1678
A,n',ge;;dSigm1ture
Copyright 2006-2012 American land Title Association. All rights reserved. The use of this form is restricted to ALTA licensees and ALTA members
in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
AO.ORT.06 (ALTA 06-17-06) Cover Page 1 of 5
000014
Old Republic National Tide Insurance Company
A Stock Company
400 Second Avenue South, Minneapolis, Minnesota 55401
(612)3711111
Mark Bilbrey
*
President
-
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AMERICAN
LAND TITLE
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ASSOCIATION
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Rande Yeager
Secretary
211m
Copyright 2006-2012 American land Title Association. All rights reserved. The use of this form is restricted to ALTA licensees and ALTA members
in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
AO.ORT.06 (ALTA 06-17-06) Cover Page 1 of 5
000014
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay lass or damage, costs, attorneys' fees, or expenses that
arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting or relating to
(i) the occupancy, use, or enjoyment of the Land;
(i) the character, dimensions, or location of any improvement erected on the Land;
(ii) the subdivision of land; or
(v) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulators. This Exclusion 1(a) does not modify or limit the coverage provided under
Covered Risk 5.
�) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(h) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the
Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in an loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Tide.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in
Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of
the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
CONDITIONS
1. DEFINITION OF TERMS
The following terms when used in this policy mean:
(a) "Amount of Insurance": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b) or
decreased by Sections 10 and 11 of these Conditions.
0) "Date of Policy": The date designated as "Date of Policy" in Schedule A.
(c) "Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity.
(dJ "Insured": The Insured named in Schedule A.
() The ten "Insured" also includes
(A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal
representatives, m next of kin;
(B) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization;
(C) successors to an Insured by its conversion to another kind of Entity;
(D) a grantee of an Insured under a deed delivered without payment of actual valuable considemdon conveying the Title
(1) if the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named Insured.
(2) if the grantee wholly owns the named Insured,
(3) if the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are
both wholly-owned by the same person or Entity, or
(4) it the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A
for estate planning purposes.
iij With regard to (A), (B), (C), and (D) reserving, however, all fights and defensed as to any successor that the Company would have had against any
predecessor Insured.
(e) "Insured Claimant": An Insured claiming loss or damage.
(f) "Knowledge" or "Known": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any
other records that impart conthuctive notice of matters affecting the Tide.
(ql "Land": The land described in Schedule A, and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond
the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting sheets, roads, avenue, alleys, lanes, ways, or
waterways, but this does not modify or limit the extent that a night of access to and from the Land is insured by this policy.
(h) "Mortgage": Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law.
(i) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to
purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the
records of the clerk of the United States District Court for the district where the Land is located.
V7 "Title": The estate or interest described in Schedule A.
"Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be
released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title.
2. CONTINUATION OF INSURANCE
The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or
holds an ohligadon secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of
warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in
the Land, or n an obligation secured by a purchase money Mortgage given to the Insured.
AO.ORT.06.2 Cover Page 2 of 5
000015
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
The Insured shall notify the Company promptly in writing n in case of any litigation as set forth in Section 5(a) of these Conditions, a in case Knowledge shall come to
an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable
by virtue of this policy, or (i) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide
prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice.
4. PROOF OF LOSS
In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured
Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, w other matter insured against by this policy that curvatures the
basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the lass or damage.
5. DEFENSE AND PROSECUTION OF ACTIONS
(a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its awn cost and without
unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the
Insured. This obligation is limited to only those stated muses of action alleging matters insured against by this policy. The Company shall have the right to
select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action.
It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the
defense of those muses of action that allege matters not insured against by this policy.
(b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or
proceeding or to do any other act that in its opinion may be necessary a desireable to establish the Title, as insured, or to prevent or reduce loss or
damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The
exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection,
it must to so diligently.
(c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final
determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adversejudgment or order.
6. DUTY OF INSURED CLAIMANT TO COOPERATE
(a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured
shall secure to the Company the right to so prosecute or provide defense in the action a proceeding, including the right to use, at its option, the name of the
Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid g) in
securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, andIii) in any other lawful act that in the
opinion of the Company may be necessary or desirable to establish the Tide or any other matter as insured. If the Company is prejudiced by the failure of the
Insured to fumish the required cooperation, the Company's obligation to the Insured under the policy shall terminate, including any liability or obligation to
defend, prosecute, or continue any Iifigatim, with regard to the matter or matters requiring such cooperation.
(b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to
produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company,
all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether
bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the
Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy aU of
these records in the custody or control of a third party that reasonably pertain to the loss a damage. All information designated as confidential by the Insured
Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in
the administration of the claim. Failure of the Insured Claimant to submit for examination under oath produce any reasonably requested information, a grant
permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation,
shall terminate any liability of the Company under this policy as to that claim.
7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY
In case of a claim under this policy, the Company shall have the following additional options:
(a) To Pay or Tender Payment of the Amount of Insurance.
To pay or tender payment of the Amount of Insurance under this policy together with any casts, attorneys' fees, and expenses incurred by the Insured Claimant
that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay.
Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment
required in the subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation.
(b) To Pay or Otherwise Settle With Parties Other Than the Insured a With the Insured Claimant.
() To pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition, the
Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of
payment and that the Company is obligated to pay; or
Ifil To pay or otherwise settle with the Insured Claimant the lass or damage provided for under this policy, together with any costs, attorneys' fees, and
expensed inured by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay.
Upon the exercise by the Company of either of the options provided for in subsections Ib)() or In), the Company's obligations to the Insured under this
policy for the claimed loss a damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or
continue any litigation.
B. DETERMINATION AND EXTENT OF LIABILITY
This policy is a contract of indemnity against actual monetary lass or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by
reason of matters insured against by this policy.
(a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of
() the Amount of Insurance; or
(i) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy.
AO.ORT.06.3 Cover Page 3 of 5
000016
(b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Tide, as insured,
() the Amount of Insurance shall be increased by 10%, and
n the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant
or as of the date it is settled and paid.
(c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections
5 and 7 of these Conditions.
9. LIMITATION OF LIABILITY
(a) If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, a cures the lack of a night of access to or from the Land, or cures
the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall
have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured.
(b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage unfit
there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured.
(c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior
written consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY
All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment.
11. LIABILITY NONCUMULATIVE
The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which
the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the
amount so paid shall be deemed a payment to the Insured under this policy.
12. PAYMENT OF LOSS
When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days.
13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT
(a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Tide
and all other rights and remedies in respect to the claim that the Insured Claimant has against any person a property, to the extent of the amount of any
loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the
transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the
Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies.
If a payment on account of a claim dues not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its night to recover until after
the Insured Claimant shall have recovered its loss.
(b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policys of insurance, or bends, notwithstanding
any terms or conditions contained in those instruments that address subrogation rights.
14. ARBITRATION
Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the
American Land Title Association ("Rules"). Except as provided in the Rules, there shall be nojoinder or consolidation with claims or controversies of other persons,
Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any
service in connection with its issuance a the breach of a policy provision, or to any other controversy a claim arising out of the transaction giving rise to this policy. All
arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured. All arbitrable matters
when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this
policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competentjurisdiction.
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT
(a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In
interpreting any provision of this policy, this policy shall be construed as a whole.
(b) Any claim or loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to this policy.
(c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by
Schedule A of this policy.
(d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorsement
expressly states, it does not (i) modify any of the terns and provisions of the policy, (i) modify any prior endorsement, (i) extend the Date of Policy,
or (v) increase the Amount of Insurance.
16. SEVERABILITY
In the event any provision of this policy, in whole or in part, is held invalid or unenforceahe under applicable law, the policy shall be deemed not to include that
provision or such part held to be invalid, but all other provisions shall remain in full force and effect.
AO.ORT.06.4 Cover Page 4 of 5
000017
17. CHOICE OF LAW; FORUM
(a) Choice of Law, The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in
reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the
junsdicton where the Land is located.
Therefore, the court or an arbitrator shall apply the law of thejurisdic0on where the Land is located to determine the validity of claims against the Tide that are
adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to
determine the applicable law.
0) Choice of Forum; Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state a federal court within the
United States of America or its termones having appropriatejurisdiction.
18. NOTICES, WHERE SENT
Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at:
400 Second Avenue South, Minneapolis, Minnesota 55401, (612)371.1111.
ANTI -FRAUD STATEMENT: Pursuant to CRS 10-1-128(6)(a), it is unlawful to knowingly provide false, incomplete, or misleading facts
or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include
imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly
provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to
defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the
Colorado division of insurance within the department of regulatory agencies.
This anti -fraud statement is affixed and made a part of this policy.
AO.ORT.06.5 Cover Page 5 of 5
000010.
LTG Policy No. LTF162004435
Form AO/ORT
Our Order No. Q62004435 Schedule A Amount $11,500,000.00
Property Address: 103 OAK RIDGE DR ASPEN CO 81611
1. Policy Date: May 02, 2011 at 4:14 P.M.
2. Name of Insured:
ASPEN CASTLE CREEK, LLC, A COLORADO LIMITED LIABILITY COMPANY
3. The estate or interest in the Land described or referred to in this Schedule and which is covered by this policy is:
A Fee Simple as to Parcel No. 1 and an Easement Interest as to Parcel No. 2 and
Parcel No. 3.
4. Tide to the estate or interest covered by this policy at the date hereof is vested in:
ASPEN CASTLE CREEK, LLC, A COLORADO LIMITED LIABILITY COMPANY
5. The land referred to in this policy is described as follows:
SEE ATTACHED "EXHIBIT A" FOR LEGAL DESCRIPTION
This Policy valid only if Schedule B is attached.
ool 7 Land Tide Guarantee Company
Representing Old Republic National Tide Insurance Company
EXHIBIT "A" LEGAL DESCRIPTION
PARCEL NO. 1
LTG Policy No. LTF162004435
Our Order No. Q62004435
A PARCEL OF LAND SITUATED IN THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER AND
THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER, SECTION 3, TOWNSHIP 10 SOUTH,
RANGE 85 WEST OF THE 6TH PRINCIPAL MERIDIAN. DESCRIBED AS FOLLOWS:
BEGINNING AT THE WEST QUARTER CORNER OF SAID SECTION 3;
THENCE NORTH 00 DEGREES 08'32" WEST 92.39 FEET ALONG THE WEST LINE OF SAID
SECTION 3;
THENCE NORTH 68 DEGREES 19' 32" EAST 656.50 FEET TO A POINT ON THE WESTERLY
BOUNDARY OF PROPERTY DESCRIBED IN BOOK 241 AT PAGE 628;
ALONG SAID BOUNDARY THE FOLLOWING COURSES AND DISTANCES;
SOUTH 23 DEGREES 38'00" EAST 61.84 FEET,
SOUTH 45 DEGREES 14' 00" EAST 223.75 FEET;
SOUTH 34 DEGREES 05' 00" EAST 121.14 FEET, AND
SOUTH 18 DEGREES 56'00" EAST 102.00 FEET;
THENCE SOUTH 89 DEGREES 06' 56" WEST 895.20 FEET TO A POINT ON THE WEST LINE OF
SAID SECTION 3;
THENCE NORTH 00 DEGREES 23'01" EAST 90.00 FEET ALONG THE WEST LINE OF SAID
SECTION 3 TO THE POINT OF BEGINNING.
A NONEXCLUSIVE ACCESS EASEMENT AND RIGHT OF USER IN AND TO THE BUTTERMILK WEST
ROAD AS RESERVED OR GRANTED BY DOCUMENTS RECORDED IN BOOK 224 AT PAGE 459, AND
BOOK 224 AT PAGE 478, AND ANY OTHER DOCUMENTS OF RECORD, THE DESCRIPTION OF
WHICH ROAD WAS AMENDED BY DOCUMENT RECORDED IN BOOK 246 AT PAGE 842 OF THE
RECORDED OF PITKIN COUNTY.
A NONEXCLUSIVE ACCESS AND UTILITY EASEMENT AND RIGHT-OF-WAY IN THAT CERTAIN
PRIVATE ROAD AS DESCRIBED BY AGREEMENT AND DEED OF EASEMENT DATED APRIL 24,
1972, AND RECORDED IN BOOK 263 AT PAGE 6 OF THE RECORDS OF PITKIN
COUNTY.
COUNTY OF PITKIN, STATE OF COLORADO
000020
Our Order No. Q62004435
Schedule B
LTG Policy No. LTF162004435
This policy does not insure against loss or damage by reason of the following:
1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an
inspection of the Land of that may asserted by persons in possession of the Land.
2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and
inspection of the Land 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 (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c)
water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the
Public Records.
6. TAXES AND ASSESSMENTS FOR THE YEAR 2012 AND SUBSEQUENT YEARS.
7. LIS PENDENS IN THE DISTRICT COURT IN AND FOR THE COUNTY OF PITKIN ENTITLED
BLUE RIVER CONSTRUCTION MANAGEMENT LLC, PLAINTIFF(S), VS GEORGE SHIFRIN ET
AL, DEFENDANT(S), RECORDED DECEMBER 24, 2009, UNDER RECEPTION NO. 565606,
CIVIL ACTION NO. 2009CV394 AND RECORDED MAY 11, 2010 UNDER RECEPTION NO.
569173.
8. MECHANIC'S LIEN AS EVIDENCED BY STATEMENT OF HENRY'S AUDIO VIDEO SPECIALIST
IN THE AMOUNT OF $28,248.09 RECORDED DECEMBER 24, 2009, UNDER RECEPTION
NO. 565599.
AFFIDAVIT OF REDUCTION OF CLAIM RECORDED MAY 13, 2010 UNDER RECEPTION NO.
569267 REDUCING AMOUNT TO $6,248.09.
RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE
THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES
AS RESERVED IN UNITED STATES PATENT RECORDED AUGUST 16, 1906, IN BOOK 55
AT PAGE 157.
10. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT AND DEED OF EASEMENT RECORDED
APRIL 25, 1972 IN BOOK 263 AT PAGE 6.
11. TERMS, CONDITIONS AND PROVISIONS OF EASEMENTS AND RIGHTS OF WAY AS GRANTED
TO THE MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY RECORDED SEPTEMBER
000021
Form
Our Order No. Q62004435
Schedule B
LTG Policy No. LTFI62004435
05, 1967 IN BOOK 229 AT PAGE 47 AND RECORDED SEPTEMBER 5, 1967 IN BOOK 229
AT PAGE 60.
12. 60 FOOT RIGHT OF WAY AND THE TERMS, CONDITIONS, PROVISIONS AS SET FORTH IN
DEED OF EASEMENT RECORDED DECEMBER 22, 1966 IN BOOK 224 AT PAGE 459 AND AS
DESCRIBED AND AMENDED IN CORRECTION DOCUMENT RECORDED DECEMBER 29, 1969
IN BOOK 245 AT PAGE 372 AND RE-RECORDED FEBRUARY 16, 1970 IN BOOK 246 AT
PAGE 842.
13. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER
CLAUSE, BUT OMITTING ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR,
RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN UNLESS AND
ONLY TO THE EXTENT THAT SAID COVENANT (A) IS EXEMPT UNDER CHAPTER 42,
SECTION 3607 OF THE UNITED STATES CODE OR (B) RELATES TO HANDICAP BUT DOES
NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS, AS CONTAINED IN PROTECTIVE
COVENANTS FOR OAKRIDGE RECORDED APRIL 25, 1972, IN BOOK 262 AT PAGE 997
AND SUPPLEMENTAL COVENANTS RECORDED JUNE 29, 1973 IN BOOK 277 AT PAGE 407
AND ADDENDUM TO COVENANTS RECORDED APRIL 25, 1972 IN BOOK 263 AT PAGE 1.
14. EASEMENT AND RIGHT OF WAY FOR AN ELECTRIC TRANSMISSION OR DISTRIBUTION
LINE OR SYSTEM, AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC.
RECORDED JANUARY 26, 1976 IN BOOK 308 AT PAGE 64.
15. TERMS, CONDITIONS AND PROVISIONS OF DEED OF EASEMENT RECORDED JANUARY 29,
1979 IN BOOK 362 AT PAGE 668.
16. TERMS, CONDITIONS AND PROVISIONS OF UNDRGROUND RIGHT OF WAY EASEMENT
RECORDED JANUARY 22, 1986 IN BOOK 503 AT PAGE 915.
17. TERMS, CONDITIONS AND PROVISIONS OF CONTRACT FOR ELECTRIC SERVICE RECORDED
MARCH 13. 1986 IN BOOK 507 AT PAGE 134.
18. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION 90-33 GRANTING 1041 HAZARD
REVIEW APPROVAL RECORDED DECEMBER 20, 1990 IN BOOK 636 AT PAGE 290.
19. EASEMENTS, RIGHTS OF WAY AND ALL OTHER MATTERS AS SHOWN ON THE HAL KROEGER
1041 SITE PLAN RECORDED DECEMBER 20, 1990 IN PLAT BOOK 25 AT PAGE 48.
20. TERMS, CONDITIONS AND PROVISIONS OF ORDER AND DECREE RECORDED JULY 23, 2003
0022
Form AO/ORT
Our Order No. Q62004435
Schedule B
LTG Policy No. LTFI62004435
AT RECEPTION NO. 485847 AND WATER ALLOTMENT CONTRACT RECORDED SEPTEMBER
03, 2003 UNDER RECEPTION NO. 487876.
21. TERMS, CONDITIONS AND PROVISIONS OF WATER LINE EASEMENT RECORDED SEPTEMBER
30, 2004 AT RECEPTION NO. 502521.
22. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON
THE 1041 HAZARD REVIEW RECORDED MARCH 27, 2006 IN PLAT BOOK 78 AT PAGE 11.
23. TERMS, CONDITIONS AND PROVISIONS OF TERMINATION OF ROAD EASEMENT AND GRANT
OF DRIVEWAY, UTILITY AND LANDSCAPING EASEMENTS RECORDED MARCH 31, 2009 AT
RECEPTION NO. 557670.
24. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION# 2, SERIES OF 2011 RECORDED
FEBRUARY 22, 2011 AT RECEPTION NO. 577792.
25. THE EFFECT OF AFFIDAVIT OF GEORGE SHIFRIN RECORDED MAY 2, 2012 UNDER
RECEPTION NO. 588737 AND AFFIDAVIT RECORDED MAY 2, 2012 UNDER RECEPTION
NO. 588738.
ITEM NOS. 1 THROUGH 3 AND 5(A) AND 5(B) OF THE STANDARD EXCEPTIONS ARE
HEREBY DELETED.
ITEM NO. 4 OF THE STANDARD EXCEPTIONS IS DELETED AS TO ANY LIENS RESULTING
FROM WORK OR MATERIAL CONTRACTED FOR OR FURNISHED AT THE REQUEST OF GEORGE
SHIFRIN AND TINKERBELL SHIFRIN.
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR
ANY LIENS ARISING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF ASPEN
CASTLE CREEK, LLC, A COLORADO LIMITED LIABILITY COMPANY.
0023
ATTACHMENT #6
ADJACENT PROPERTY
OWNERS
PROPERTY OWNERS WITHIN 300 FEET OF 103 OAK RIDGE DRIVE, ASPEN CO 81611:
CALLAHAN STEVEN S
WAISMAN MARGARET
3730 WILLOWICK
HOUSTON, TX 77019
PLACER ENTERPRISES CORP
C/O VALNER RUDY ESQ
PO BOX 10119
BEVERLY HILLS, CA 90213-3119
EAST OWL CREEK INVESTMENTS LLC
PO BOX 725
SHORT HILLS, NJ 07078
CHAPMAN ROBERT & CYNTHIA
1301STONEHAVEN RD
COLUMBIA, MO 65203
EAST OWL CREEK HOMEOWNERS ASSOC
90 CLAY LANE
ASPEN, CO 81611
MERRILL JACQUELINE 2006 TRUST
278 OAK DR
ASPEN, CO 81611
BUTTERMILK LLC
2630 SUTTON CT
HOUSTON, TX 77027
KANE JOHN B & ALAYNE C
300 CRESCENT CT #800
DALLAS, TX 75201
FINDLAY H PETER
79 PROSPECT MT RD
SALISBURY. CT 06068
ROARING FORK HOLDINGS LLC
PO BOX 5000
SNOWMASS VILLAGE, CO 81615
000024
SHAFFER MARGARET B
306 HIBISCUS
PALM BEACH, FL 33480
BEDELL LINDA D
309K AABC
ASPEN, CO 81611
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108 Oakridge lO ve
'ivene Co. 81611
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0311912015
J
RECEPTION#: 597514, 93107!2013 at
12:13:18 PM,
1 OF 7, R $0.00 Doc Code
DETERMINATION
Janice K. Vos Caudill, Pitkin County, CO
DETERMINATION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF PITKIN
COUNTY, COLORADO, APPROVING THE ASPEN CASTLE CREEK LLC ACTIVITY
ENVELOPE AND SITE PLAN WITH SCENIC REVIEW
Determination No. ff-2013
RECITALS
I. Aspen Castle Creek LLC ("Applicant') has applied to the Pitkin County Community Development
Director for Activity Envelope Review, Site Plan with Scenic Review for construction of an addition to
the primary residence and for a Caretaker Dwelling Unit.
2. The parcel is located at 103 Oak Ridge Drive, PID# 2735-032-00-010 (Legal description Exhibit A).
3. The parcel contains approximately 5. 69 acres and is non -conforming in size as it is in the AR -10 zone
district.
4. The parcel received a 1041 Hazard Review Site Plan approval in 2006 for the primary residence (B 78,
P 11, 12). The proposed expansion to the primary residence is within the envelope approved in 2006.
The proposed site of the accessory CDU does not have a building/activity envelope.
5. The request complies with the applicable provisions of the Land Use Code, as follows:
a. The activity envelopes are primarily comprised of slopes less than 30%.
b. The wildfire hazard is mapped as high and must be mitigated pursuant to Section 7-20-60 of the
Land Use Code.
c. The parcel is located within a mapped Scenic View Protection Area. The existing residence and
the proposed addition, although visible, do not break a ridgeline as viewed from Highway 82 or
Owl Creek Road.
NOW TI EREFORE BE IT DETERMINED by the Pitkin County Community Development
Director that the Aspen Castle Creek LLC Activity Envelope, Site Plan with Scenic Review and CDU is
approved subject to the following conditions, which shall run with the land 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 building permit applications, the Applicant shall be required to
submit for approval by the County Attorney and Community Development a Site Plan with an
Activity Envelope in accordance with Land Use Code Section 2-30-20(g) and Application Manual
Sections 2.1.1 & 2.1.12. The above referenced approvals shall be a condition precedent to
finalization and recordation. The Mylar copy of the plat shall be signed by the owner prior to
submittal for recording.
000026
3. The proposed development of the addition and CDU will add approximately 4,000 sq. ft. of floor area.
Total floor area cannot exceed 15,000 sq. ft. Two TDRs valued at 2,500 sq, ft, each will be required to
be submitted and surrendered at building permit submittal. Floor area shall be calculated based on the
definition in effect at the time of building permit submittal.
4. No calculations for height, bulk, setback, size, floor area, or any other building and zoning requirements
have been conducted. These requirements will be considered at the time of building permit. Any
structures represented in the application might not be permitted under building and zoning regulations.
5. No structural development in excess of 30" in height above natural or finished grade shall occur
within the setbacks of the lot. Landscaping in the form of berms shall not exceed four (4) feet from
the most restrictive grade. Any external development located within setbacks mandated by County
zoning regulations shall require a variance from the Board of Adjustment. Approval of an activity
envelope within such setbacks does not assure approval of a variance. The existing structure on the
"CDU" site is within the 30' setback. Redevelopment in this location would require a variance.
6. Prior to commencement of any earthmoving or construction activity, the Applicant shall stake the
corners of the activity envelopes and install construction fencing around the perimeter of the
envelopes. The fencing shall remain in place until issuance of a Certificate of Occupancy.
The Applicants shall comply with all standards for development within Scenic View Protection
Areas as represented in the application and approved in this Determination:
A) Reflective materials shall not be used unless the materials are treated prior to installation to
eliminate reflection. This shall include materials associated with solar or photovoltaic
equipment.
B) The exterior of all development shall be built or painted with indigenous earth tone materials or
colors.
C) Driveway lighting is prohibited and all other lighting shall comply with the lighting code at time
of building permit approval.
D) All new utilities located on or servicing the parcel shall he located underground.
E) All satellite dishes must be located to minimize visibility.
8. No development, including grading, excavation, fill placement, driveway, turnaround, berms,
landscaping, vegetation removal or disturbance, entry or ranch gates shall occur outside of the
approved development envelopes, with the exception of measures to comply with the wildfire
mitigation required herein. The activity envelopes as they extend beyond the building envelopes
shall only be used for approved landscaping, approved leach field areas, and required wildfire
mitigation. Septic envelopes shall be shown on the site plan.
9. At submittal for building permit application for the proposed main house addition or CDU, the
Applicant shall:
A) Complete a fireplace/woodstove permit application form with the Community Development
Department, if necessary.
000021
B) Submit a site specific, detailed drainage and erosion control plan for review and approval by
Planning /Zoning. All historical drainage patterns shall be maintained. All Slopes steeper than
2:1 shall utilize erosion control blankets. If the project disturbs more than one (1) acre, a State
Stormwater Permit shall be obtained prior to permit issuance.
C) Submit a construction management plan for review and approval by Planning /Zoning showing
the locations of staging, material storage including all retained soils and employee and
construction traffic parking all within the approved activity envelope(s).
D) Submit a landscape/revegetation plan for review and approval by Planning/Zoning.
E) Provide proof of adequate water supply for two units (in terms of quantity and availability) for
domestic and fire protection purposes, and for irrigation purposes, if applicable, to the
Environmental Health Department.
Prior to issuance of a building permit the applicant shall:
-Pkv any applicable road and employee housing impact fees.
-If expansion is necessary to accommodate the addition and/or the CDU, the Applicant
shall obtain an OWTS permit, from the Environmental Health Department. The system
shall be located within the approved activity envelope and must comply with setback
requirements from surface and groundwater sources.
-Demonstrate that the floor area being added will not cause the total floor area on the
parcel to exceed 15,000 sq. ft.
-The proposed accessory structure shall be assigned a house number other than the
number of the main residence.
A) The Applicant shall adhere to the "high" wildfire mitigation standards as stated on the face of the
previous 1041 site plan for this parcel (Shifrin 1041 Hazard Review Site Plan, B 78, P 11). In
addition, all access shall meet the following standards.
i. New access roads and driveways shall be built to County standards; however, these standards
may be increased to mitigate wildfire hazards based on comments provided by the Colorado State
Forest Service, the Sheriff's Department, local fire protection districts and/or a person approved
by the County as an expert in wildfire area designation and mitigation.
ii. All structures greater than five thousand (5,000) square feet in size shall be required to install in-
house sprinkler systems that meet the standards of the local fire protection district and the
adopted Building Code. At building permit submittal, the applicable Fire Protection District may
require smaller structures to be sprinkled due to hazard considerations, emergency access
difficulties and lack of proximity to fire protection services.
W. The CDU shall be sprinklered. The CDU shall be within 150' of Oak Ridge Drive for fire
protection purposes.
iv. The Applicant shall meet all of the codes and requirement of the Aspen Fire District.
10. The Applicant shall comply with the following general conditions regarding wildlife:
A) When existing native vegetation must be altered within the Activity Envelope, the applicant may
be required to prepare a habitat mitigation plan acceptable to the County. Such mitigation plan
may substitute (in a nearby area on the subject property) vegetation equal in type and quantity to
that being removed to mitigate effects on wildlife species. Should there be no opportunity on the
property for habitat mitigation or restoration, off-site mitigation benefitting the same species may
be required, or financial mitigation may be paid into a County habitat mitigation fund should
such a fund be established in the future.
B) Manipulation of vegetation outside of the Activity Envelopes is prohibited. Manipulation within
the Activity Envelopes is subject to approved landscape and wildfire mitigation plans.
C) Mesh or woven wire fences are prohibited outside the Activity Envelope.
D) 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.
E) 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.
F) Tall overly mature trees and standing dead trees (snags) should be retained at the rate of two (2)
to five (5) per acre whenever possible as nesting and perching habitat.
G) In areas of high black bear activity, fruit bearing trees and shrubs shall be prohibited within the
Activity Envelope. This does not preclude pre-existing native trees and shrubs.
H) Development shall be clustered to the maximum extent possible to minimize impact on wildlife.
1) Access shall be provided to the Colorado Division of Wildlife for trapping, tagging, studying, or
otherwise managing wildlife.
1) Trash/garbage shall be kept in an approved bear proof container or enclosure.
K) Bird Feeders, including hummingbird feeders, shall be hung away from any deck or window, and
be at least ten (10) feet from the ground suspended between two (2) trees or posts. All seed
feeders shall include a seed catchment pan to catch discarded seed.
L) Horse grains, pellets, and cookies shall be stored in bear resistant containers.
M) All outside doors shall utilize only solid round handled door knobs unless another type is
required by the applicable Building Code for disabled accessibility purposes.
N) All dogs on the property shall be kenneled or leashed when outdoors.
11. An access permit shall be submitted for the proposed parking/access for the CDU. This parking/
access plan must be reviewed and approved by the West Buttermilk Metro District, Aspen Fire
District, and Community Development Department prior to issuance of any permits for the CDU.
000029
12. The caretaker dwelling unit:
a) Shall not exceed 1,000 net livable square feet.
b) The floor area will be included in the total allowed on the parcel.
c) Shall demonstrate two legal off-street parking spaces,
d) The applicant shall by deed restriction guarantee that the caretaker unit:
1. Shall not be required to be rented.
2. Shall not be sold or otherwise conveyed or separated from the original
parcel regardless of the ultimate form of ownership of the CDU.
3. Shall be limited to occupancy by not more than two adults and related
children, who qualify as employees of the community under such
guidelines as may be from time to time established by the Housing
Authority , or by the members of the owner's immediate family even
though they may not qualify as employees of the community.
4. Shall be rented for terms not less than six months if rented.
e) The deed 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 by proper permit.
f) The CDU shall not be used for mitigation of any employee housing requirements or fees
as established elsewhere in this code.
g) The CDU shall contain at a minimum two burner stove with oven, standard sink, and a
refrigerator plus freezer. The oven must be able to bake, broil and be at least 5 cubic
feet; the sink must measure at least l4'WX16"DX5.25"H. The refrigerator must be at
least S.3 cubic feet and include at least a .73 cubic foot freezer.
h) The deed restriction shall be recorded prior to the issuance of the building permit for the
CDU. Prior to recordation, the floor plans shall be provided to the Housing Authority.
i) Upon completion of the unit, but prior to the C.O., Housing staff has the right to conduct
an inspection of the unit for compliance.
13. All areas disturbed by construction shall be re -vegetated with native shrubs and grasses, to limit
water consumption and additional runoff, within one growing season after completion of
construction.
14. Failure to comply with these conditions of approval may result in revocation of this permit or any
subsequent permits related to this property or vested rights associated with this property.
15. 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, 4-140 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on
Ma fib, 2016.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 6th day of
December, 2012.
000030
APPROVED by the Director, this .5 day of March, 2013
_ l
Cindy Hd'ub
Community Development Director
PUBLISHED AFTER ADOPTION FQR VESTED REAL PROPERTY RIGHTS in the Aspen
Times Weekly on theQ day of ffbrcA 2013.
273503200010
P 106-12
Aspen castle creek Ilc actsitescenic_det.doc
000031
EXHIBIT "A" LEGAL DESCRIPTION
PARCEL NO. 1
LTG Policy No. LTF162004435
Our Order No. Q62004435
A PARCEL OF LAND SITUATED IN THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER AND
THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER, SECTION 3, TOWNSHIP 10 SOUTH,
RANGE 85 WEST OF THE 6TH PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT THE WEST QUARTER CORNER OF SAID SECTION 3;
THENCE NORTH 00 DEGREES 08'32" WEST 92.39 FEET ALONG THE WEST LINE OF SAID
SECTION 3;
THENCE NORTH 68 DEGREES 19'32" EAST 656.50 FEET TO A POINT ON THE WESTERLY
BOUNDARY OF PROPERTY DESCRIBED IN BOOK 241 AT PAGE 628;
ALONG SAID BOUNDARY THE FOLLOWING COURSES AND DISTANCES;
SOUTH 23 DEGREES 38'00" EAST 61.84 FEET,
SOUTH 45 DEGREES 14'00" EAST 223.75 FEET;
SOUTH 34 DEGREES 05'00" EAST 121.14 FEET, AND
SOUTH 18 DEGREES 56' 00" EAST 102.00 FEET;
THENCE SOUTH 89 DEGREES 06'56" WEST 895.20 FEET TO A POINT ON THE WEST LINE OF
SAID SECTION 3;
THENCE NORTH 00 DEGREES 23'01" EAST 90.00 FEET ALONG THE WEST LINE OF SAID
SECTION 3 TO THE POINT OF BEGINNING.
PARCEL NO. 2
A NONEXCLUSIVE ACCESS EASEMENT AND RIGHT OF USER IN AND TO THE BUTTERMILK WEST
ROAD AS RESERVED OR GRANTED BY DOCUMENTS RECORDED IN BOOK 224 AT PAGE 459, AND
BOOK 224 AT PAGE 478, AND ANY OTHER DOCUMENTS OF RECORD, THE DESCRIPTIO'.. OF
WHICH ROAD WAS AMENDED BY DOCUMENT RECORDED IN BOOK 246 AT PAGE 842 OF THE
RECORDED OF PITKIN COUNTY.
PARCEL NO. 3
A NONEXCLUSIVE ACCESS AND UTILITY EASEMENT AND RIGHT-OF-WAY IN THAT CERTAIN
PRIVATE ROAD AS DESCRIBED BY AGREEMENT AND DEED OF EASEMENT DATED APRIL 24,
1972, AND RECORDED IN BOOK 263 AT PAGE 6 OF THE RECORDS OF PITKIN
COUNTY.
COUNTY OF PITKIN, STATE OF COLORADO.
1�UUUJL
000032
ASPEN CASTLE CREEK, LLC ACTIVITY ENVELOPE AND SITE PLAN
VICINITY MAP
LEGAL DESCRIPTION
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000035
PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5526 FAX# (970) 920-5439
April 3, 2015
John Galambos
1123 Cara Court
Carbondale, CO 81623
jgalambos@galambosarchitects.net
Re: Aspen Castle Creek LLC Minor Amendment to an Activity Envelope to accommodate
swimming pool
(CASE P027-15; PID 2735-032-00-010)
Dear Mr. Galambos:
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 Lance Clark, the planner assigned to your case, at 920-5093.
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: Pitkin Zoning Officer
Aspen Oaks Homeowners Association
West Buttermilk Metro District
FROM: Lance Clarke, Community Development Department
Lance.clarkekpitkincounty.com
Re: Aspen Castle Creek LLC Minor Amendment to an Activity Envelope
to accommodate swimming pool.
(PID 2735-032-00-010; Case P027-15)
DATE: April 6, 2015
Attached for your review and comments are materials for an application submitted by
Aspen Castle Creek LLC. The Pitkin County Community Development Director will
review the application.
Please return your comments to me by Friday, May 1, 2015.
http://pitkincounty.com/DocumentCenter/View/3526
If you require a paper copy of this application contact Bonnie Shiles at
bonnie.shiles@pitkincounty.com or 920-5109.
Thank you.
Buttermilk Metropolitan District -
711 East Valley Road, Suite 103
Basalt, Colorado 81621
Joyce Amico, President Jefr Y"uscm, Vice -President hal les Malkemus, MD. Trcasurer
Cordon Gerson, MD, seerctar) Cal,) Beach, Manager
Lance Clarke
Community Development Department
Pitkin County Colorado
130 S. Galena Street
Aspen, CO 81611
Re:
Lance:
April 21, 2015
sent via email to: Lance.clarke(i pitkincounty.com
PID 2735-032-00-010; Case P027-15
Aspen Castle Creek, LLC Swimming Pool Request
On behalf of the Buttermilk Metropolitan District, I have reviewed the referenced application to
approve the construction of a swimming pool and spa at 103 Oak Ridge Drive, and the
subsequent request for information by Pitkin County. I did not see any response to information
request item no. 6 regarding a proof of an adequate water supply for pool purposes from the
Buttermilk Metro District. I will address the water supply and other issues herein to ensure they
are adequately covered in the approval process.
Sections 4.1.2 Water Use and Restriction, and Section 4.2.1 c. Non-essential Uses
of the District's Rules and Regulations address water supply for swimming pools
and spas. I have attached copies of both sections for your review, but the
applicant must comply with all sections of the District's Rules and Regulations in
order to receive water from the District.
Briefly, swimming pools, spas and water features are considered non-essential
uses of District supplied water and therefore a water supply for pools is made
available on a conditional basis, with those conditions including; a) restrictions on
the filling and refilling of pools to specific days, times, and duration with prior
advance written approval from the District, b) that in the event of wild fire, the
pools will be made available for use in protecting properties, and c) in time of a
declared drought all non-essential uses such as filling of pools (including spas),
water features, etc., may be terminated.
In addition, any expansion of use (increased demand for water) must be requested
from the District through a Water Service Application submitted to the District,
and the District, in its sole discretion may approve or reject the requested
expanded use. The Board of Directors of the District is willing to grant this
expanded use to 103 Oak Ridge, based on the receipt of a Water Service
Application, and compliance with all other rules and conditions of service. For
example, the owner must submit a completed Fixture Unit Inventory supplied by
Tel. 970-273-3100
lcrf L�
B M D(a)beach reso u rcexom
Fay. )70-797-1851
M11 H 11RIM11,K Mf- FROPOLI I AN DISTRI( I_
Pace' -
the District, which lists all current uses and the proposed new uses (i.e. the new
pool and its proposed surface area and capacity).
Once the Water Service Application has been approved by the District, Aspen
Castle Creek, LLC must remit all appropriate System Development Charges (tap
fees), a Construction Heavy Vehicle Use fee, Inspection fees, and if required a
Construction Damage Deposit.
4. With regard to the County's landscaping requirement (Section 7-20-130), it is
important to note that the District limits water for lawns and gardens to irrigation
of a maximum of 10,000 square feet (see Sec. 4.1 of BMD Rules and
Regulations). Should the applicant wish to irrigate more than 10,000 square feet,
it must provide an alternative, non -commingled water supply, such as water from
a ditch or private well. No connection between the two supplies is permitted.
The District would appreciate being notified of any decision made by the County in order to
properly track the proposed development. Should you have any questions regarding this response
please feel free to call me or email me at gary;abeachresource.com.
Sincerely,
By r—�k ``___
each
District Manager
103 onk edge 1041 resImse 4-21-15.wpd
we BMD\engineering\1041
(b) The District shall own all water facilities between the source and the point of
delivery which is the property line curb stop, which shall be owned by the District.
The individual shall own from the private side of the curb stop to the point of use
including the service line, any private pressure reducing valves, back-flow prevention
devices and service line appurtenances. The District shall have the right to inspect,
repair, and replace any meter deemed to be faulty or inaccurate in its measurement
of water delivered and such costs of repair or replacement shall be the responsibility
of the District.
4.1.2 Water Use and Restriction. The District shall have the authority to institute
regulations and restrictions on all water use occurring from the District's potable
water system, and all purchasers of water from the District shall be bound by these
rules, regulations and restrictions. Potable water service is available only to
properties located within the District's Corporate Boundary and or its approved
service area. Water service from the District's water system is available only upon
the District's review and approval of a Water Service Application submitted and
signed by a property owner, and a finding that the District can reliably serve the
proposed water fixture units requested. The District shall have the right and the sole
authority to determine the total capacity that is available to any property. Any
proposed increase in water demand from the District's system must be approved by
the District prior to the commencement of said use, and the District may require such
use to be terminated if prior written approval has not been granted by the District.
The use of water during periods of drought or other shortages shall be subject to
Sections 4.3 and 4.4 below.
The District, at its organization established limits on potable water deliveries from
its system. These limits include 450 gallons per day for all homes in West
Buttermilk, and the homes on Thistle Lane, Badger Hollow and Lot 11 of Owl Creek
ranch, and 650 gallons per day for homes in the Pfister Tracts, East Owl Creek
Ranch, and Owl Creek Ranch, excluding the homes on Thistle Lane, Badger Hollow
and Lot I 1 in Owl Creek Ranch. In addition, the irrigation of lawns and gardens in
West Buttermilk, East Owl Creek Ranch and Owl Creek Ranch subdivisions are
limited to irrigation of not more than 10,000 square feet from the District's potable
water system. Irrigation from the potable system for the Pfister Tracts is limited to
20,000 square feet. Lawn and garden areas exceeding these square footage
limitations must have an alternative water supply source that is separate from the
District's potable water system. Water available for irrigation use from the District's
potable system is further limited to not more than 2.25 acre feet of water per acre of
irrigation.
The District shall have the right, in its sole discretion, to reject any new or proposed
increase in water demand or use that the District has determined may jeopardize its
ability to provide adequate supplies to all household uses, and for fire -fighting
purposes. The District shall have the right to condition any proposed non-essential
uses of water from its domestic system, such as irrigation, filling of pools, water
Buttermilk Metropolitan District - Amended April 2015
n
Page 19
features, etc., to specific days, times of day, or periods of duration. The District shall
also have the right to require that water stored in swimming pools be made available
for the purpose of fighting fires and for the protection of properties from wildfire.
4.1.3 Metered Service. All residential, and commercial users, including temporary users,
served by the District water system shall operate on a metered service basis. Meters
meeting District specifications must be installed at property owner's expense prior
to connection with the water system. Upon connection, ownership of the meter shall
pass to the District. Owners who are already connected to the District's water system
and are not operating on a metered basis shall convert to a metered basis within 60
days of the adoption of these rules, regulations and bylaws. Meters shall be in a
meter pit or other installation point specified by the District. The design of the meter
installation, remote reading ERT, shut-off valves, PRVs and back-flow prevention
device must be approved by the District prior to installation and must be available to
District representatives at all times.
4.1.4 Liabili . No claim for damages shall be made against the District by reason of the
following: Damage to any part of the private water system or other personal property
resulting from shutting water off or turning it on or inadequate or sporadic pressures
or damage caused by any spike in pressure, any blockage or water escaping from
broken or damaged mains or hydrants, or damage caused by leaking or burst service
lines or other facilities not owned by the District.
4.1.5 Tampering with Meter Prohibited. It shall be unlawful for any person to tamper with
any water meter installed on any service connection on the water mains of the District
or to place, install or put on or near any such meter any instrument or device which
will affect the operation or the accurate reading thereof.
4.1.6 Wasting of Water Prohibited. It shall be unlawful for any person having a permit to
use water from the District to permit, suffer or allow water to run to waste upon his
premises, buildings, houses or lots, or in any manner through neglect or by reason of
faulty or imperfect plumbing or fixtures. The District requires water saving fixtures
and appliances to be used within all District residences and facilities and the District
reserves the right to inspect properties when water use appears to be excessive and
to require changes that will result in a reduction of water use.
4.1.7 Access to Water Hydrants: Unauthorized Obstruction or Operation: Penalties. Any
damage caused to a District hydrant or other facility while being operated under a
valid Hydrant Permit shall be the sole responsibility of the Permittee. All costs of
repair or replacement shall be borne by the Permittee.
It shall be a violation for any unauthorized person to open or operate any water
hydrant, draw water therefrom or obstruct the approach thereto. (See § 1.7.)
Violators shall be subject to fines and all damages associated with such unauthorized
use including the cost of any repairs needed to return the hydrant to a condition
Buttermilk Metropolitan District - Amended April 2015
L�
Page 20
acceptable to the District.
4.1.8 Construction Water/Temporary Water Use
Temporary licenses for special uses are issued by the District for limited periods of
time. Special purposes for which temporary licenses are issued include:
1. Construction
2. Temporary Irrigation
3. Special situations which may require the use of water for a limited period of
time.
Unless renewed, temporary licenses expire on the termination date specified in the
license and no continuation of water service is permitted beyond that date.
4.1.9 Damage to District Facilities. Any damage caused to any District facility by any
person shall be the sole responsibility of the person, company, or entity causing such
damage. The cost of repair or replacement shall be borne solely by the responsible
parry and such costs shall include, but may not be limited to, any costs associated
with the repair or replacement of the damaged facilities, including all costs incurred
by the District or its agents, and all repair or replacement costs associated with any
damage caused by fugitive water.
4.1.10 Connection Required. Unless a written exemption is obtained from the District, all
residences, and other buildings constructed in the future shall be required to connect
to the District's water system as soon as feasible but not in excess of 24 months from
the time that any District water main is within 200 feet of a lot line of the premises
upon which such residence, building or other use is located.
4.2 Charges, Fees and Billing.
4.2.1 Base Rate and Meter Rate Charge. The monthly service charge shall be composed
of two parts: a base rate of $48.00 per month per meter being served and a variable
meter rate per 1000 gallons delivered above 10,000 gallons per month, as metered at
the point of delivery. In order to encourage conservation and the wise use of this
resource, a step rate system shall be employed for water used in excess of 10,000
gallons per month. The step rate system shall increase the cost of water per 1,000
gallons delivered by the formula contained below. The total monthly charge per
meter shall be computed by the following formula:
$48.00 plus the number of gallons of water used as metered at the point of delivery
multiplied by the rate per 1000 gallons shall equal the monthly water service charge.
For water used in excess of 10,000 gallons per month, the formula for calculating the
metered rate shall be:
Buttermilk Metropolitan District - Amended April 2015
5
Page 21
$4.98/1000 gallons for deliveries between 10,001 and 35,000 gallons per month;
$8.75/1000 gallons for deliveries between 35,001 and 50,000 gallons per month; and
$17/1000 gallons for all deliveries over 50,001 gallons per month.
These service charges may be changed at any time by the Board of the District.
a. Temporary Use Rates. The service charge for temporary use water shall consist
of the same two parts, a base rate of $75.00 per month and $8.35 per 1000 gallons
delivered for all water used up to 50,000 gallons per month. Water use above 50,000
gallons per month must be pre -approved by the District and a rate for such additional
use shall be determined by the District
b. Extra -territorial Use Rates. The service charge for water delivered through an
extra -territorial use contract shall be 1.5 times the fee charged for water delivered
within the District or such other fee approved by the Board.
c. Non-essential Uses. In an effort to conserve water from waste, and to preserve
this valuable resource for essential household uses, the District has determined that
uses such as the filling and maintaining of swimming pools and water features are
non-essential uses of the District's limited water supply. Such amenity uses may be
permitted by the District, but pools can only be filled and replenished with prior
notification to, and agreement by the District, and the District shall only provide
water for filling of swimming pools at the District's highest -tier water rate. In the
event that drought conditions have been posted by the City of Aspen for all City
water customers, no filling, re -filling or replenishing of pools, spas, and water
features will be permitted.
4.2.2 Cash Deposit. The District may require at any time from any customer or potential
customer a cash deposit intended to insure payment of current bills, such deposit not
to exceed an estimated 90 day's bill of each customer.
a. The District may require a cash deposit in advance from any contractor, developer,
or owner to be applied to any fees which might be due or owing under Sections 4.2.1
(a), 4.2.6 and 4.2.7 herein.
4.2.3 Shut-off and Turn -on Service Charae. A service charge of at least $200.00 shall be
assessed a customer for each shut off and/or turn -on of water service, howsoever
occurring. If the cost of such a shut-off or turn -on exceeds $200.00, the customer
shall be assessed all costs related thereto.
4.2.4 System Development Charge (SDC) - Water. No water service shall be provided to
any new connection, or to any addition to any existing service until a Water Service
Application has been submitted to the District, a Fixture Unit Count Worksheet has
been submitted and approved by the District, and all appropriate System
Buttermilk Metropolitan District -A meiided April 2015
z
Page 22
Name:
Project Address:
Type:
Permit Number
0027.2015. PLAN
PITKIN C"NTY COMMUNITY DEVELIL. MENT
Permit Receipt
RECEIPT NUMBER 00037854
GalambosArchitects Inc Date:312012015
103 OAK RIDGE DR
check # 11471
Fee Description
PP- Flat Fee
Total:
Amount
936.00
936.00