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HomeMy WebLinkAboutpitkin.planning.264328203001 (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) Parcel ID: 2643-28-2-03-001 Application Date: 3/27/15 Case No: P028-1 Description: Gregory Activity Envelope, Site Plan Review, and Special review for a Planner: Mike Kraemer Caretaker Dwelling Unit # Copies: 1 Allocated Hours: 15 Project Address: 91 SOLAR WAY, ASPEN, CO 81615 % Over Hours: 18 Property Owner: GREGORY Address: 42 HILLCRESTAVE Owner Phone: NEW SOUTH WALES, -- ----- Owner's REP: BRAD LARSON Address: 42 HILLCRESTAVE REP's Phone: (970) 927-3333 MONA VALE NSW, AUSTRALIA, -- 2103 REP's Email: brad.LDA@comcast.net Referrals: ALL OTHER REFERRALS Other Referrals: Brush Creek Metro District none Housing none Comments Due Date: 06/01/2015 Meetings: 1st Meeting: 2nd Meeting: 3rd Meeting: Meeting Date: Review Body: admin Public Hearing? yes Notice Date: 04/30/2015 Meeting Notes: Approvals: BOCC Resolution #: P&Z Determination #: BOCC Ordinance #: HO Determination #: Admin Determination #: 006-2016 #626728 Other Information: VRApproval Date: 01/26/2016 Plat Recorded Date: 03/01/2019 VR Expires Date: 01/26/2019 Plat (Bk, PG): B124 P90 #654291 Remarks: Application Type: Activity Envelope Site Plan caretaker Dwelling Unit (CDU) RECEPTION#: 626728. 0 2101 /2 01 6 at 11:00:46 AM. 1 OF 9. R $0.00 Doc Code ADMIN DECISION Janice K. Vos Caudill. Pitkin County. CC ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF PITKIN COUNTY, COLORADO, GRANTING APPROVAL FOR THE GREGORY ACTIVITY ENVELOPE AND SITE PLAN REVIEW AND SPECIAL REVIEW FOR A CDU Administrative Decision No. LP -2016 RECITALS 1. Peter Gregory (hereafter referred to as "Applicant") has applied to the Community Development Director of Pitkin County ("Director") for Activity Envelope and Site Plan approval to add an approximately 1,500 square foot addition to an existing single family residence. The addition will be in the form of a garage and a Caretaker Dwelling Unit (CDU). The Applicant has also proposed to improve the existing driveway to meet County standards and construct a retaining wall. 2. The subject Lot is located at 91 Solar Way and is legally described as Block 3, Lot 10 Filing 1 of the Brush Creek Village Subdivision. PID#: 264328203001. The lot is located within the AR -10 zone district. The Lot is approximately 2.7 acres in size. 3. No previous land use decisions apply to the property. The application was referred to the Brush Creek Metro District, Aspen Fire Protection District, and the Aspen/Pitkin Housing Authority. No comments were received. 4. The public notice was mailed on April 29th, 2015 to the property owners within 300' of the subject parcel. Public notice was published in the Aspen Times Newspaper on April 30th, 2015. No objections were received within 30 days. 5. The Director finds that the parcel: (1) is not mapped within any big game ranges, (2) is mapped within a medium wildfire hazard area; (3) is mapped within a Scenic View Protection Area as viewed from Brush Creek Road and Hwy 82, both designated Scenic Corridors; and (5) contains some steep slopes. 6. The Director further finds that the medium wildfire standards in Sec. 7-20-60 of the Land Use Code will be applied as conditions to mitigate wildfire hazard on the property. The existing residence and addition will not obstruct a ridgeline when viewed from Hwy 82, but will be visible. The existing residence does and future addition will obstruct a ridgeline from Brush Creek Road. In effort to mitigate the scenic impacts of the addition, the Applicant has positioned the addition to the north of the existing residence and ridgeline impact will only occur at the intersection of Medicine Bow Road for a short distance. The Applicant has also committed to lower the maximum roofline (measured to the ridge) of the addition to 21' in total height. The future addition will also be required to utilize indigenous earthtone colors and non -reflective roofing. An area of steep slopes > than 30% but less than 45% exists to the north of the residence and across Solar Way. This area contains the existing septic system. The Applicant has proposed a Site Plan that shows the septic field will be expanded in this location to accommodate the CDU. 8. The Director further finds that the Applicant has shown compliance with the Special Review Criteria located in Land Use Code Section 2-30-30 (h) and 4-30-50(f)(1) and (2). Specifically, the Applicant Page I of 7 has represented that the CDU will not exceed 1,000 square feet of floor area, will provide for two (2) off street parking areas, and will be deed restricted in association with the APCHA requirements. 9. The Director further finds this request is consistent with the requirements of the Land Use Code. APPROVED by the Director, subject to the following conditions: 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. 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. 3. Prior to submission of any future building permit applications, the Applicant shall be required to submit for approval by the County Attorney and Community Development an Activity Envelope and Site Plan in accordance with Land Use Code Section 2-30-20(g) and Application Manual Section 2.1.12. The above referenced approvals shall be a condition precedent to finalization and recordation. 4. The Lot is exempt from Growth Management for up to 5,750 square feet of floor area. Development over this amount of floor area will require further County review. 5. No structural development, with the exception of fencing, in excess of 30" shall occur within the setbacks of the Lot. Landscaping in the form of berms shall not exceed four feet from the most restrictive grade. Any development located within setbacks mandated by County zoning regulations shall require a variance from the Board of Adjustment. Approval of a landscape envelope within such setbacks does not assure approval of a variance. 6. The future addition shall utilize non -reflective roofing and indigenous earth tone colors for the fagade of buildings. Material samples shall be submitted with the building permit application. 7. The future addition is limited to 2 P maximum height measured to the ridge of the roof and shall mimic the design of Attachment A. 8. At building permit application for the residence, the Applicant shall: A. Complete a fireplace/woodstove registration form with the Community Development Department, if necessary. B. Apply for a stormwater permit from the State of Colorado if site disturbance exceeds one (1) acre. C. Apply for a County access/driveway/turnaround permit acceptable to the Aspen Fire Protection District and County Engineer. D. Submit a drainage and erosion control plan for review and approval by the Planning Engineer. All slopes steeper than 2:1 shall utilize erosion control blankets. E. Submit engineered plans for retaining walls greater than four feet in height. Retaining walls shall be tiered with a maximum of 7' of wall height. Page 2 of 7 F. Submit a construction management plan for review and approval by the Planning Engineer showing the locations of staging, material storage and employee and construction traffic parking. G. Pay the applicable road impact fees. H. Provide proof of legal water supply for the CDU and the main residence. 9. The property shall comply with the following wildfire development standards. A. Defensible Space: The area around all buildings/structures, limited by property boundaries that may limit a property owner's ability to comply with this section, shall incorporate landscaping with wildfire defensible space considerations as follows: 1. Brush, debris and non -ornamental vegetation shall be removed within a minimum ten -foot (10) perimeter around all structures. 2. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels at a minimum of a thirty (30) foot perimeter around a structure built on flat ground. Spacing between clumps of brush and vegetation up to the thirty (30) foot perimeter shall be a minimum of two (2) times the height of the fuel. Maximum diameter of the clumps shall be equal to the height of the fuel. All measurements shall be from the edges of the crowns of the fuel. 3. All branches from trees and brush within the thirty (30) foot perimeter shall be pruned to a height of ten (10) feet above the ground with removal of ladder fuels from around trees and brush. 4. Tree crown separation within the thirty (30) foot perimeters shall have a minimum of ten (10) feet between the edges of the crowns, except for mature stands of aspen trees where ladder fuels have been removed. In areas of aspen regeneration, understory shrubs and down and dead materials shall be removed. 5. All branches that extend over the roof eaves shall be trimmed and all branches within fifteen (15) feet of chimneys shall be removed. 6. The density of fuels up to a one hundred (100) foot perimeter of the structures shall be reduced where natural reduction has not already occurred. 7. All deadfall up to a one hundred (100) foot perimeter shall be removed. 8. No new conifer trees shall be planted within ten (10) feet of a residence. 9. No flammable mulches shall be placed within two (2) feet of a residence. 10. The property owner shall be responsible for the continued maintenance of the defensible space vegetation requirements. B. Medium Hazard Area 1. Roofing Materials a. Class A covering or Class A Assembly as defined by the currently adopted building code. b. No wood shakes or shingles. Page 3 of 7 2. Roof Venting a. Soffit venting shall be located in the outer 1/3rd portion of the overhang. b. Attic, soffit and other roof venting shall be of non -corrosive metal mesh with maximum 1/4" openings. 3. Projections at the Roofline, including Soffits, Rafters, Porch or Deck Roofs, Fascias, or Other: a. Sheath with non-combustible materials, or b. Combustible materials underlain with 5/8" Type X gypboard or equal, or c. Minimum 4x6 rafters with 2x T&G decking. (4) Decks, Decking, Cantilevered Floors, or Other Projections Below the Roofline: a. Minimum 6x6 posts, 6x10 beams, 3x8 joists, 3x decking, and 2x railings, or equivalent log construction. (5) Other a. Any methods approved for Severe Wildfire Hazard Areas may be used in Medium Wildfire Hazard Areas. C. Maintenance and Miscellaneous Requirements 1. Roofs and gutters shall be kept clear of debris. 2. Roof vents shall be screened with corrosive resistant wire mesh, with mesh one-fourth ('/4) inch maximum. 3. Yards shall be kept clear of all litter, slash and flammable debris. 4. All flammable materials shall be stored on a parallel contour a minimum of fifteen (15) feet away from any structure. 5. Weeds and grasses within the ten (10) foot perimeter shall be maintained to a height not more than six (6) inches. 6. Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen (15) feet away from the structure. 7. Swimming pools and ponds shall be accessible by the local fire district. 8. Fences shall be kept clear of brush and debris. 9. Wood fences shall not connect to other structures. 10. Fuel tanks shall be installed underground with an approved container. 11. Propane tanks shall be buried, if possible, or installed according to NFPA 58 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any aboveground tank. Any wood enclosure around the tank shall be Page 4 of 7 constructed with materials approved for two (2) hour fire -resistive construction on the exterior side of the walls. 12. Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher. 13. The Applicant shall comply with all requirements of the Aspen Fire Protection District Code. 14. Addresses shall be clearly marked with two (2) inch non-combustible letters and shall be visible at the primary point of access from the public or common access road and installed on a non-combustible post. 10. The Applicant shall comply with the following general conditions regarding wildlife: A. Manipulation of vegetation outside of the Activity Envelope is prohibited. B. All fencing shall be wildlife friendly. C. Wood rail fencing shall employ three (3) rails or less, be the round or split rail type, shall not exceed fifty-four (54) inches in height above ground level, and twelve (12) inches in width (top view), and shall have at least eighteen (18) inches between the lower two (2) rails. D. Wire fencing must be three (3) strands or less. The top wire should be a twelve -point - five (12.5) gauge twisted barbless type at a maximum height of forty-two (42) inches. The middle strands (which may be barbed) should be located a minimum twelve (12) inches apart and from the top wire preventing entanglement when mule deer jump over. The bottom strand should be sixteen (16) inches from the ground. E. Tall overly mature trees and standing dead trees (snags) should be retained at the rate of two (2) to five (5) per acre whenever possible as nesting and perching habitat. F. Fruit bearing trees and shrubs are prohibited. This does not include pre-existing native trees and shrubs. G. Access shall be provided to the Colorado Division of Wildlife for trapping, tagging, studying, or otherwise managing wildlife. H. Trash/garbage shall be kept in an approved bear resistant container or enclosure. I. Bird feeders, including hummingbird feeders, shall be hung away from any deck or window, and be at least ten (10) feet from the ground suspended between two (2) trees or posts. All seed feeders shall include a seed catchment pan to catch discarded seed. J. Horse grains, pellets, and cookies shall be stored in bear resistant containers. K. Pet food shall not be left outside. L. Dogs are prohibited during construction. M. All exterior door knobs shall have round handles. 11. The detached CDU shall not exceed 1,000 net livable square feet of floor area, which shall count toward the total allowable floor area for the lot. The kitchen contains the following, as defined in the Aspen/Pitkin County Employee Housing Guidelines: a minimum of a two -burner stove with oven, standard sink, and a refrigerator plus freezer. The oven must be able to bake and broil and be at least 5 cubic feet; the sink must measure at least 14"WX16"DX5.25"H; refrigerator must be at least 5.3 cubic feet and include at least a .73 cubic foot freezer. The floor plan for the CDU shall be submitted to the County Housing Office for review. 12. Prior to issuance of building permit, the Applicant shall, by covenant, guarantee that the caretaker unit: a. Shall not be required to be rented; Page 5 of 7 b. Shall not be sold or otherwise conveyed or separated from the original parcel regardless of the ultimate form of ownership of the caretaker unit; C. Shall be limited to occupancy by not more than two adults and related children, who qualify as (and have been found by the Housing Office to be) employees of the community under such guidelines as may be from time to time established, or members of the owner's immediate family, even though they may not qualify as employees of the community; d. Shall be rented for terms not less than 6 months if rented. 13. County Housing Office staff shall be entitled to conduct an inspection of the CDU for compliance with the above -referenced requirements. 14. The caretaker dwelling unit restriction may be removed by the property owner upon approval of the Community Development Director, subject to the requirement that the dwelling is removed or modified. If modified, the remaining improvements must no longer be capable of occupancy as a dwelling unit and must meet otherwise applicable Code requirements. 15. The provisions of this regulation are for the purpose of providing a voluntary CDU on a legally created lot or parcel in the County. Any unit approved under this provision of the Pitkin County Land Use Code shall not be used for mitigation of employee housing requirements as established elsewhere in said Code. 16. No development, including grading, excavation, fill placement, driveway, turnaround, beans, landscaping, vegetation removal or disturbance, entry or ranch gates shall occur outside of the approved building envelope, with the exception of measures to comply with the wildfire mitigation required herein. 17. The access drive shall be built to current County Standards, as described in the Pitkin County Asset Management Plan and submit for an access permit. The driveway layout shall be staked in the field and reviewed and approved by the County Engineer, prior to commencement of construction. 18. Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake the corners of the activity envelope and install construction fencing around the construction site within the perimeter of the building envelope. The fencing shall remain in place until issuance of a Certificate of Occupancy. 19. All areas disturbed by construction shall be re -vegetated with native shrubs and grasses within one growing season of the project's completion. 20. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, § 2-20-170 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on January &U, , 2019. 21. Failure to comply with the conditions of this approval may result in revocation of this approval, or any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this property. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weekly on the i � day of, 2016. Page 6 of 7 APPROVED by the Director, this'AL& day of 2016. C y Nouben Community Development Director PIM 264328203001 Case# P028-15 Page 7 of 7 NEW ATTACHMENT A NEWADDIT/ON NEW RETAINING EXISTING BUILDINGS i _- ^ WALL EXISTING BUILDING -)K-- NEW GREGORY RESIDENCE EAST ELE/A TION PARCEL 1D# 264328203001 01-16-16 0 5 10 20 EXISTING BUILDING --- NEWADDITION-�, ------ 1- L L� EXISTING SLOPE 1 N WADDITION GREGORY RESIDENCE NORTH ELE A T/ON 0 5 10 20 EXISTING SLOPE EXISTING GRADE RAILING AS REQUIRED NEWRETAINING WALL PARCEL /D# 264328203001 01-16-16 APPLICATION MATERIAL PITKIN COUNTY PRE -APPLICATION CONFERENCE SUMMARY LOCATION: 91 Solar Way, Block 3, Lot 10, Brush Creek Village PID#:264328203001 ZONING: AR -10 SIZE: 2.5 Acres OWNER: Peter Gregory REPRESENTATIVE: Brad Larson PHONE & EMAIL: 927-3333, brad.LDACa)comcast net DATE: March 18, 2014 PLANNER: Mike Kraemer 920.5482 Type of Application: Activity Envelope, Site Plan Review, and Special Review for a CDU Description of Project/Development: The Applicant is requesting approval for an Activity Envelope and Site Plan and Special Review for construction of an addition to an existing single family residence. This addition will house a CDU which will include improvements to the existing driveway through retention of the site. Land Use Code Sections to be addressed in letter of request fagalication)• Sec. 7-10-50: Activity Envelope; Sec. 7-20-10: Site Preparation and Grading (include tree survey and mitigation proposal); Sec. 7-20-20: Steep and Potentially Unstable Slopes; Sec. 7-20-30: Water Courses and Drainage; Sec. 7-20-60: Wildfire (mapped medium) Sec. 7-20-70: Wildlife Habitat (general standards); Sec. 7-20-120(d): Standards for Scenic View Protection Areas (Hwy 82 and Brush Creek Road is a designated scenic corridor); Sec: 7-20-130: Landscaping and Vegetation Protection; Sec. 7-20-140: Lighting; Sec. 2-30-30(h): Special Review for a CDU Sec. 4-30-50(e)(1)(2): Caretaker Dwelling Unit Sec. 6-30-40(c): GMQS Exemption for CDU Sec. 2-40-20(f): Additional Special Review Procedures for CDU's Staff will refer the application to the following agencies: Brush Creek Metro District and Housing Review by: Community Development Director. Public Hearing: No. However, the Applicant shall post a public notice sign on the property at least 15 days prior to the date specified for the Administrative Decision pursuant to Sec. 2-20-100(a)(3) of the Land Use Code. In addition, the Applicant shall mail notice at least 30 days prior (by first class mail) to all property owners and mineral estate owners within a 300 foot radius of all property lines with the return address of the Community Development Department (form of notice to be obtained from the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County, as they appear no more than 60 days prior to the date of the public hearing. A property owner receiving the public notice shall have 2 weeks from the date the notice is postmarked to submit comments or objections to the Community Development Department. FEES: $4,900.00 (Please make check payable to "Pitkin County Treasurer') • Planning Office flat fee: $4,680 (non-refundable; based on 15 hours of staff time. If staff review time exceeds 18 hours, the Applicant will be charged for additional time above 15 hours at a rate of $312/hour). o Public Notice Fee: $54 o Housing Referral Fee: $166 To apply, submit one unbound copy of the following: 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 11" by 17" Activity Envelope and Site Plan as designated in Sections 2.1.1, 2.1.12, and 2.1.3 of the Pitkin County Land Use Application Manual; 3. Scenic View Protection Exhibits as designated in Section 2.1.12 of the Pitkin County Land Use Application Manual (as applicable); 4. Copies of all resolutions, ordinances and approvals including any recorded drawings; 5. Documentation that the septic field can handle the additional capacity of the CDU; 6. Proof of ownership of subject property as designated in Section 1.3 of the Pitkin County Land Use Application Manual; 7. Parcel description, including legal description and 8-1/2" x 11" vicinity map locating the subject property within Pitkin County; 8. Consent from all owners to process application and authorizing the representative; 9. Total fee for review of the application; 10. Executed Pitkin County Community Development Agreement for Payment of Land Use Application Fees; 11. List of all property and mineral estate owners within a 300 foot radius of all parcel lines; 12. A copy of this Pre -application Conference Summary form. NOTES: ➢ PLEASE SUBMIT ONE UNBOUND, SINGLE SIDED COPY OF YOUR COMPLETE APPLICATION. ➢ THE PARCEL IDs SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED IN YOUR APPLICATION. ➢ ALL MAPS SHALL BE FOLDED ➢ The Land Use Code and Land Use Application manual are available on-line at http.,I www.asaenaitkin.com/Devartments/Community Development Pitkin County/Planning and Zomnclkand--Use/ ➢ Applicant will be responsible for mailed and posted notice. Public Notice requirements are described in Section 2-20-100 of the Pitkin County Land Use Code. A signed, notarized copy of the affidavit confirming notice must be received from Applicant prior to approval. This pre -application conference summary is advisory in nature and not binding on the County. The information provided in this summary is based on current zoning standards and staffs interpretations based upon representations of the applicant. Additional information may be required upon a complete review of the application. PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter "COUNTY") and (hereinafter "APPLICANT') AGREE AS FOLLOWS: 1. APPLICANT has submitted to COUNTY an application for 10"Lsky� v , OANez ' d— e - .b v (hereinafter, the "PROJECT'). 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 30-2009 establishes a fee structure for land use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. The fee structure is based on the COUNTY'S policy that development shall pay, in full, the cost of development review in the COUNTY. Fees have been set to be consistent and fair to the public and to reflect the expense incurred in providing such services to the public. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed PROJECT, it may not be possible at the time of application to ascertain the full extent of the costs involved in processing the application. 4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall accumulate if an application includes more than one type of land use review. 5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission and/or Board of County Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally required findings for project approval, unless current billings are paid in full prior to decision. 6. Therefore, APPLICANT agrees that in consideration of the COUNTY'S waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the amount of $ L 900 which is based on hours of staff time, and if actual time spent by staff to process the application exceeds the average number of hours by more than 20%, then the COUNTY will bill the APPLICANT quarterly for the additional time spent. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. PITKIN COUNTY Cindy Houben Community Development Director By: Print Name and Title (i applicable) Date: 1'& Ittl I i u L Peter Gregory 42 Hillcrest Ave Mona Vale NSW 2103 Australia. Phone: (61) 2 99996865 email : peternpreeorv.net.au Skype : bigbungan Mobile: 0412116545 Date; 02/06 /2015 Mr Mike Kraemer Planning Department Pitkin County 130 S. Galena St Aspen, CO 816n Re :Land Use Application for 91 Solar Way, Block 3, Lot 10, Brush Creek Village PID#:264328203001 ZONING: AR -10 SIZE: 2.936 Acres OWNER: Peter Gregory REPRESENTATIVE: Peter Gregory/ Brad Larson Dear Mike, That you for sending the pre -application conference summary, a copy of which is enclosed. I will be applying for the development aplication with the help of my architect Brad Larsen, I would prefer at this stage to be the first point of contact. I will address each of the application sections as outlined in the Land use Application Manual. 1.1 My contact details and the property details can be found above. 1.2 91 Solar Way, Block 3, Lot 10, Brush Creek Village PID#: 264328203001 A vicinity map of the property is attached 1.3 Proof of ownership is provided by Stewart Title documents attached 1.4 Access to the property can be gained by a private Road Solar Way which connects with a public carriageway called Medicine Bow Road 1.6 A copy of the pre -application conference summary letter is attached 1.7 Site Utilization map is attached Land Use Code Sections 7-10-50: SITE PLAN AND ACTIVITY ENVELOPE Attached 7-20-10: SITE PREPARATION AND GRADING (a) Grading and Fill Placement Part of the activity envelope is excavating and retaining earth along the driveway and adjacent to the house as shown by the site plan and house plans. The fill will be placed on an existing fill slope beyond the lawn area to the south of the house (b) Clearing, Grubbing, and Vegetation Removal. I The only vegetation to be removed in this application are small shrubs along the driveway and adjacent to the house (c) Tree Removal and Mitigation. The shrubs that are proposed to be removed have less than 6 inches diameter (d) Protection of Natural Terrain. The only section relevent here is (5) Erosion, Sedimentation, and Stormwater Management It is propsed that the excavated area will be retained by a Stone Strong wall this will mitigate any erosion, sedimentation and stormwater management 7-20-20: STEEP AND POTENTIALLY UNSTABLE SLOPES Some parts of this excavation are on slopes slightly greater than 30 percent The site has been inspected by a geotech engineer HP Geotech and they have concluded that the proposed excavation and retaining wall are within the acceptable parameters of development. See attached letter 7-20-30: WATER COURSES AND DRAINAGE The only relevant part in this section would be (g) Sedimentation Sedimentation flow during construction will be mitigated with approved mitigation devices. I am not sure if the septic system is reviewed under this section but the septic system will need to be improved as demonstrated on the drawing from Roger Neal of High Country Engineering, Inc. 7-20-60: WILDFIRE HAZARDS 91 Solar Way according to the Wild Fire Hazards Map is in a category 3 risk (medium) area the surrounding area is category t low risk. All applicable building codes for this type of area will be met by the construction. A copy of the Wildfire map for this property is attached 7-20-70: WILDLIFE HABITAT AREAS Attached is a map from Landscope America indicating that the property is not located in a Protected area. The property is also not located adjacent or close to a protected area. 7-20-120: SCENIC VIEW PROTECTION The property is visable from Hwy 82 and Brush Creek Road From Hwy 82 the existing building has the slope behind it and so will not break the ridge line. The proposed extension of the house will not break the ridge line and the hill behind LM will screen the proposed works from view from Hwy 82. Use of natural earthy colours will further diminish the visual impact of the proposed work. From Brush Creek Road the property is approximately t mile away at an angle of 3o degrees up. The proposed addition is located behind the existing building from this position and so will not substantially be seen from this location. A picture of the house from Brush Creek Road is attached No other items in this section are materially pertinent to the accessment of this proposal. 7-20-130: LANDSCAPING AND VEGETATION PROTECTION No part of the proposed development is adjacent to public roads. Medicine BowRoad the closest public road to the property and is too feet below the property and 200 feet away from the closest point. The proposed development is directly behind the house as it faces Medicine Bow Road, it will therefore not be seen from Medicine Bow Road at this point. I note that the county would prefer excavated material to be retained onsite where possible. I am proposing to deposit excavated material on an existing fill slope on the downhill side of the lawn area, to the south of the house. The landscaping and vegetation between Medicine Bow Road and the house will be altered in a minor way by the deposit of this material on the existing fill slope. See attached photo that shows the existing fill slope. 7-20-140: LIGHTING All external lighting will be of a down light type in accordance with the intent of this section. The building fascade will not have architectural lighting. No bulbs will be unshielded and there will be no light trespass from the property beyond what is allowed. Sec. 2-30-30(h): Special Review for a CDU (h) Criteria for Approval (2) Special Review Uses or Activities (a) I believe this application is consistent with the applicable County Master Plan. (b) I believe this special review use is not in conflict with any applicable sections of the Pitkin County Land Use Code, including the County Land Use Policies in Chapter t. (c) The proposed development does not materially endanger the public health, safety or welfare. (d) The proposed development will not substantially injure the value of adjoining or abutting property. I believe the proposed development will increase the values in the area. (e) The use of the proposed development shall be consistent with the intent of the zone district in which it is proposed to be located. (f) The proposed development use is compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, and will enhance the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. (g) The location, size, design and operating characteristics of the proposed development use is in harmony with the surrounding area and minimize adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, traffic generation, parking, trash, service delivery, air/water pollution or other impacts on natural resources, noise, vibrations and odor on surrounding properties. (h) The proposed development use provides public facilities and services to serve the special review use, including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. Sec. 4-30-50(e)(1)(2):Caretaker Dwelling Unit (1) CDU as Permitted Accessory Use The property is located in the AR -lo area and so a CDU is allowable on this site (a) It will be attached to the single family home (b) The property conforms to the minimum lot area requirements (c) The caretaker dwelling unit will not exceed one thousand (I,000) net livable square feet, the lot is greater than thirty thousand (30,000) square feet (2.936 acres) (d) The floor area of the caretaker unit when included in the maximum total allowed floor area for the lot the area( 5,700 sqft) of the primary residence will be under that limit. The proposed development will have a floor area of approximately namely 4,435sgft. sqft included the CDU. (e) Two (2) off-street parking spaces will be provided for the caretaker dwelling unit. (f) The applicant agrees to be deed restriction or other permanent commitment running with the land guarantee that the caretaker dwelling unit: The applicant agrees to item 1-4 (2) CDU As Special Review Accessory Use The property does comply with the conditions in section one and so does not need a special review. Therefore this section is not applicable to this application 6-30-40: EXEMPTION FOR DEED RESTRICTED DWELLING UNITS According to 6-30-40 CDU's are exempted from Growth Management (d) Caretaker Dwelling Units ("CDUs") I note that One (1) Caretaker Dwelling Unit ("CDU") may be exempted from Growth Management on any lot or parcel located in a zone district in which a CDU is an allowed use, a use allowed by special review, or a use allowed as part of a master plan, as shown in Table 4-1. Sec. 2-40-20(f): Additional Special Review Procedures for CDU's The Community Development Director may grant special review approval for a caretaker dwelling unit subject to the following 3 procedures. I am happy for this to occur if required, if any more information is needed from me on this item please let me know? Kindest Regards Peter Gregory Houses within 300 ft. of 91 Solar Way Aspen PARCEL ID# 26432803001 POSCHMAN GREGORY & MAUREEN 290 Solar Way Aspen Co 81611 GORDON BARRY S & AMY 225 Solar Way Aspen Co 81611 HOPKINSON REGINALD & SUE ELLEN 580 MEDICINE BOW RD Aspen Co 81611 MINK MARGARET HOYNE 1122 MEDICINE BOW RD Aspen Co 81611 CAMBERG ROY 1144 MEDICINE BOW RD Aspen Co 81611 RASMUSSEN GAYLE 555 MEDICINE BOW RD Aspen Co 81611 MUNRO ALEXANDER F II & MARY LYNN 519 MEDICINE BOW RD Aspen Co 81611 MANN ROBERT & JUDITH 473 MEDICINE BOW RD Aspen Co 81611 HUGHES LANCE B 351 BRUSH CREEK RD Aspen Co 81611 LOWE WALTER R & DAWN M 400 MEDICINE BOW RD Aspen Co 81611 Cj1009 ,V&X14 Google 91 Solar Way, Aspen, C081611, USA to Co Rd 10/8rmh Creek Rd - Google Maps Directions to Co Rd 10/Brush Creek Rd 0.8 mi — about 2 mins I 02014 Google 1. Head south-east on Solar Way towards Medicine Bow Rd I N 2. Sharp left onto Medicine Bow Rd 1 About 2 mins 3. Continue onto Co Rd 10/Brush Creek Rd 000010 22 Map data ®2014 Google. go 328 ft total 328 ft go 0.6 mi total 0.6 mi go 0.1 mi total 0.8 mi so A- VO,O fi V1 r� 91 Solar Way, Aspen, C081611, USA to Co Rd 10/8rmh Creek Rd - Google Maps Directions to Co Rd 10/Brush Creek Rd 0.8 mi — about 2 mins I 02014 Google 1. Head south-east on Solar Way towards Medicine Bow Rd I N 2. Sharp left onto Medicine Bow Rd 1 About 2 mins 3. Continue onto Co Rd 10/Brush Creek Rd 000010 22 Map data ®2014 Google. go 328 ft total 328 ft go 0.6 mi total 0.6 mi go 0.1 mi total 0.8 mi BILL OF SALE KNOW ALL MEN BY THESE PRESENTS, That I Kevin McClure and Mary H. MacArthur McClure of the County of Pitkin, State of Colorado, (Seller) for and in consideration of TEN DOLLARS AND OTHER GOOD Iljl' AND VALUABLE CONSIDERATION, to Seller in hand paid, at or before the ensealing or delivery of these presents by I I Peter Gregory State of (Buyer), the receipt of which is hereby of the County of acknowledged, has bargained and sold, and by these presents does goods and chattels, s, t unto said Buyer, his personal representatives, successors and assigns, the following property, g j I 1. Fixtures, If attached to the Property on the date of this Contract, lighting, heating, plumbing, ventilating, and l air conditioning fixtures, TV antennas, inside telephone, network and coaxial (cable) wiring and connecting i an appliances, sprinkler systems blocks/jacks, plants, mirrors, floor coverings, intercom systems, built-in kitch and controls, built-in vacuum systems (including accessories), including garage door openers including 0 remote controls; and Dishwasher, dryer, refrigerator, washer, range, microwave. The following are included if on the Property whether attached or not onnhow this 2 I r s blinds, screens, wi dcoverings, Persona P ooertv, awnin indow and orch shades, 9 rm doors, w P � ws sto sheds, storm windo ves Stora e Contract, heatin sto 9 lace rates, 9 I ce screens, firep 9 ire lace inserts, firep a rods f m rods, dra ery P curtain P � i' and all keys. If checked, the following are included ( )Water Softeners, ( x ) Smoke/Fire Detectors, ) Security Systems, ( ) Satellite Systems (including satellite dishes) 3. Other Inclusions. nla 4. Exclusions. The following items are excluded: none located at 91 Solar Way, Aspen, CO 81611 �I I Buyer's personal representatives, successors and TO HAVE AND TO HOLD the same unto the said Buyer Ys P represent assigns, forever. The said Seller covenants and agrees to and with the oodsrand hattels,hislagainst all alnd everysuccessors son iand assigns, to WARRANT AND DEFEND the sale of said property, g or person whomever. When used herein, the singular shall include the plural. IN WITNESS WHEREOF, the Seller has executed this Bill of Sale on this 1st day of March, 2012. II'll hur McClure Kevin McClure Mary H. MacA State of Colorado County of Pitkin I and Mary�I II III The foregoing instrument was acknowledged before me this 1st day of March, 2012 by Kevin McClure j H MacArthur McClure. 4icia 4nd 4fRC :n . 'OO is UT O ubllc � Nota P L ry S ••. My commission ex fires: M ARCIA POUTOUS iIIi Com mission ex ., , 1 �I Ur •.....• MY , Ch fYAP� Nov. 5. 201 i --- — state DocFee $86.25 WARRANTY DEED Recording Fee. $16.00 I I III II THIS DEED is dated the 1 st day of March, 2012, and is made between ill I KEVIN MCCLURE AND MARY H. MACARTHUR MCCLURE (whether one. or more than one), the "Grantor" of the County of Pitkin and State of Colorado and Peter Gregory (whether one, or more than one), the "Grantee", whose legal address is I! Mn„e ✓g./e NSv�, the County of and State of j'I zlL12, Nill err,t eLe of aio t f}vs tm /a WITNESS, that the Grantor, for and in consideration of the sum of Eight Hundred Sixty Two Thousand Five 0 III Hundred Dollars and No Cents ($862,500.00 ), the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells, conveys and confirms unto the Grantee and the Grantee's heirs and assigns forever, all the real property, together with any improvements thereon, located in the County of Pitkin and State of Colorado described as , follows. m Lot 10, I Block 3. O I'I BRUSH CREEK VILLAGE, FILING NO. I COUNTY OF PITKIN, STATE OF COLORADO. also known by street address as: 91 Solar Way, Aspen, CO 81611 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, III, ISIII the reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand f, in and to the above bargained premises, with the hereditaments and I whatsoever of the Grantor, either in law or equity, o appurtenances TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantees, and the Grantees' heirs and assigns forever. The Grantor, for the Grantor and the Grantors heirs and assigns, does covenant, grant, bargain, and agree to and with the Grantee, and the Grantee's heirs and assigns: that at the time of the ensealing and delivery of these presents, the Grantor is well seized of the premises above described, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, and in fee simple; and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid; and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except and subject to: See Exhibit "A" attached hereto and made a part hereof , but not anado And the Grantor shall and will WARRANT THE TITLE AND DEFEND the above described premises ylointhe IIIj 1 vacated street or alley, if any, in the quiet ing and peaceable possession the Grantees, and the hers and ass9 ns rsons lawfully claiming the whole le or any pari thereof. Grantees, against all and every person or pe IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. Iil Kevin Mary . MacArthur McClure McClure State of Colorado County of Pitkin dged before me this 1st day of March, 2012 by Kevin McClure and Mary The foregoing instrument was acknowle H MacArthur McClure. Y hand and o ficial se P� P .B l •O EXHIBIT "A" DEED EXCEPTIONS 1 Taxes and assessments for the year 2012, not yet due and payable. 2. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 3. Right of way for ditches or canals constructed by the authority of the United States and all the coal and other minerals, together with the right to prospect for, mine and remove the same, as reserved in patent for that portion of subject property lying in Lot 4, Section 28, Township 9 South, Range 85 West, recorded April 17, 1937 as Reception No. 88970 in Book 162 at Page 549. 4. An undivided one-half of all minerals in subject property as reserved by Robert M. Burlingame in instrument recorded August 26, 1959 in Book 188 at Page 390. NOTE: Quit Claim Deed conveying right of surface entry to owners of record from Robert M. Burlingame as to rights reserved above, as set forth in Deed recorded December 10, 1965 in Book 217 at Page 352 as Reception No. 122744. 5 All matters shown on the recorded Plat of Brush Creek Village in Book 3 at Page 62 and Amendment thereto recorded September 27, 1981 in Plat Book 6 at Page 31. 6. Protective Covenants and Restrictions and Easements as contained in instrument recorded January 19, 1966 in Book 218 at Page 206 as Reception No. 123147, and First Amendment thereto recorded October 20, 1972 in Book 267 at Page 975, and Second Amendment thereto recorded February 22, 1979 in Book 363 at Page 717 as Reception No. 212102. 7. Easements reserved in instrument recorded January 19, 1966 in Rook 218 of Page 206. 8 By-laws of Brush Creek Landowners Association, Inc., recorded November 17, 1975 in Book 305 at Page 483 as Reception No. 179390 and in Articles of Incorporation of Brush Creek Landowners Association, Inc., recorded November 17, 1975 in Book 305 at Page 492 as Reception No. 179391. 9. Agreement between The City of Aspen and Elay Corporation recorded August 8 1967 in Book 228 at Page 269 as Reception No. 128105. 10 Decree creating Brush Creek Village Water District, recorded September 19, 1989 in Book 602 at Page 204 as Reception No. 315213, and Order Correcting Boundary Description of Brush Creek Village Water District recorded March 26, 1990 in Book 616 at Page 898 as Reception No. 321210. 11. Order Converting the Brush Creek Village Water District to the Brush Creek Metropolitan District as set forth in instrument recorded January 20, 1994 in Book 739 at Page 359 as Reception No. 365975. 12. Easement Agreement recorded in Book 295 at Page 547. 13. Resolution 75-89 recorded in Book 310 at Page 273. 14. Resolution recorded November 30, 1981 in Book 417 at Page 964, and Resolution recorded January 31, 1997 as Reception No. 401414 and Resolution recorded January 19, 2000 as Receotion No 439663and Resolution recorded January 19 2000 as Reception No. 439664 15. All matters as shown on the Monumented Land and Improvement Survey by SurvCo Inc. updated 12/16/11. stewart title 620 East Hopkins Avenue Aspen, CO 81611 PHONE: (970) 925-3577 FAX: (866) 277-9353 TO: Solar W a% Road Maintenance ATTN: Maureen CanromOe m—M ISAIII— Order I rlS cony _Order Number: 01330-3089 Legal Description: Lot 10 Block 3, Brush Creek Village Filing I ,Address: 91 Solar War, Aspen. CO 81611 Bilver Peter Gregory owner Seller: Kevin McClure TODAY'S DATE: 02/24/2012 CLOSING DATE: 03/1/2012 Due Date for this Document: 2/242012 PLEASE COMPLETE THE FOLLOWING INFORMATION & RETURN BY FAX TO OUR OFFICE THANK YOU HOMEOWNERS CERTIFICATION & .AFFIDAVIT The association dues for the properly listed above are $ _per 0 month (E]) quarter (0 year The dues cover. Rater (for the Unit, not the Common Areas) Sewer (for the Unit. not the Common Areas) Insurance Insurance Company Phone:__ -- Common area maintenance &utilities Reserve fund Propert. Taxes Statement preparation fee S __Payable to: - — (F -] B The dues are paid current through the end of (date): ( The dues have not been paid. The amount owed is Stewart Title must collect through_ ._ from the Seller and par the association to brine all dues current There is a working capital reserve allocation to the unit in the amount Which is to be: 8 Collected from the Purchaser & paid to the Association. Collected from the Purchaser & paid to the Seller. At this time there C]is C]is not a Special Assessment against the property. Phe total amount due is S If this Unit is subject to a Right of First Refusal. Stewart Title requires a letter from the Association that this requirement has been fuliv complied witll. l'his letter will be recorded once the closing has occurred. Cenilicate for right of first refusal: C] initiated (]not required I'ec for Right of First Refusal U e hereb, certify that upon payment of any amount due that there are no unpaid assessment liens arising by reason of nonpa> In of common capenses, or otherwise which are a lien on the above listed propem. Certified this__daN of'_- 20 B) PHON ATTN: Marcia Protons Fax: (8661277-9353 ADDRESS: ALTA Owner's Policy (6/17/06) POLICY OF TITLE INSURANCE ISSUED BY Estewart title guaranty company Any notice of claim and any other notice or statement in writing required to be given the company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE. THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS, STEWART TITLE GUARANTY COMPANY, a Texas corporation, (the 'Company") 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. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence. duress, incompetency, incapacity, or impersonation, (it) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered, (iv) 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 property filed, recorded. or indexed in the Public Records including failure to perform those acts by electronic means authorized by law, or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable. but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete and rvey of the Land. term "encroachment" located on the Land onto ladjo nl g lland, and encroachments includes ents onto the Land of existing improvemen s located on existing improvements adjoining land 3. Unmarketable Title. 4. No fight of access to and from the Land. 5. The violation or enforcement of any jaw, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use. or enjoyment of the Land, (b) the character. dimensions, or location of any improvement erected on the Land. (c) the subdivision of land, or (d) 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. of the 6 enforcement actionddescr describing any pan of the Land, ased on the exercise of ais governmental m the PublicbRecords,but only tote extent of the enforceme tower not covered by Covered Risk 5 if a ereferred join that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise. describing any pan of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. Countersigned by If you want Information about coverage or need assistance to resolve complaints, please call our toll free number. 1-800-729-1902 If you make a daim under your policy. you must furnish written notice in accordance with Section 3 of the Conditions. Visit our Wodd-Wide Web site at htt Yh-^-^- stcWan mm. i� Copyright 7006-2009 American Land Title Association. All rights reserved. The use o1 ibrs Donn is restricted to ALTA toansees and AL rA members in good standing as of the date or use. All other uses are r h,b.t,O Reprinted under dense Irom be American Land Title Assuaat on. _ _ __ -y File No. 01330-3089 ._-i,f-- Page 1 of Policy Serial No.: 0-9301-001841068 �pp�� /��� f`iY YGu � Senior Chairman of the f f` eBoard --title guaranty company t*1Zh1[OARCRI'1elw, I Stewart Title 97 Main Street, Suite W201 Chairman of the Board Edwards. CO 61632 o Agent 10 06011A �rxrs r President If you want Information about coverage or need assistance to resolve complaints, please call our toll free number. 1-800-729-1902 If you make a daim under your policy. you must furnish written notice in accordance with Section 3 of the Conditions. Visit our Wodd-Wide Web site at htt Yh-^-^- stcWan mm. i� Copyright 7006-2009 American Land Title Association. All rights reserved. The use o1 ibrs Donn is restricted to ALTA toansees and AL rA members in good standing as of the date or use. All other uses are r h,b.t,O Reprinted under dense Irom be American Land Title Assuaat on. _ _ __ -y File No. 01330-3089 ._-i,f-- Page 1 of Policy Serial No.: 0-9301-001841068 COVERED RISKS (Continued) Title being vested other than as staled 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 n vesting of the title to or any interest in the Land occurring prior to the transactioveng 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 bankruptcystate insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (q to be timely, or (it) to Impart notice of Its existence to a purchase, for value or to a judgment or Igen creditor 10. Any defect in or lien or encumbrance on the Title 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 Title 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. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policyand the Company will not pay loss or damage, costs. attorneys' feesor expenses that arise by reason of 1 la) Any lawordinance. permit. or governmental regulation into,tling those relating to building and zoning) restricting, regulating. prohibNngor relating to nh the occupancyuseor enjoyment of the Land, (u) the character. dimensions, or location of any Improvement erected on the Land. (in) the subdivision of land, or (iv) environmental protection', or the effect of any violation of these lawsordinancesor governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) 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) createdsufferedassumed, or agreed to by the Insured Claimant (b) 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 dale the Insured Claimant became an Insured under this policy. (c) resulting In no loss or damage to the Insured Claimant (d) attaching or created subsequent to Date of Policy (however this does not modify or limn the coverage provided under Covered Risk 9 and 10). or (e) resulting In loss or damage that would not have been sustained It the Insured Claimant had paid value for the Title. 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. 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 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. (b) "Date of Policy" The date designated as 'Date of Policy" in Schedule A. (c) "Entity" A corporationpartnership, trustlimited liability companyor other similar legal entity. (d) "Insured". The Insured named in Schedule A. (i) the term "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, or 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 consideration 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) If the grantee is a trustee of beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (it) with regard to (A), (B). (C). and (D) reserving, however. all rights and defenses as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Claimant An Insured claiming loss or damage. (1) "Knowledge" or "Known"'. Actual knowledgenot constructive knowledge or notice that may be Imputed to an Insured by reason of the Public Records or any other records that Impart constructive notice of matters affecting the Title. (g) "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 Imes of the area described in Schedule A. nor any right title. Interest, estate. or easement in abutting streets, roads, avenues. alleyslanes. waysor waterwaysbut this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) securi"Mrtittygeinstrument g including ooneru evidenced eby electronic means authorized by law. er (') Date "PublicRecords" Policy for the Records purposeestablished impa ing donstructstate ivet nutes at otice of matters relating to real property to purchasers for value and without Knowledge. Win respect to Covered Risk 5(d). Records" shall also include environmental protection hens filed in the records of the clerk of the United States District Court for the district where the Land is located. 0) "Title''. The estate or interest described in Schedule A. (k) "Unmarketable TitleTitle 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 purchaseleaseor lend if there is a contractual condition requiring the delivery of marketable title copyngnr ......... ...n....o.. The use 0 this ldd� is testn ld id ALTA Al other uses are pmhibited a Repnnled under cense hour the Am ncen Land Title AssoPahanhe data of use File No. 01330-3089 Page 2 of Policy Serial Nci 0-9301-001841068 st,eylart CONDITIONS (Continued) CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Dale 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 obligation 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 (q an estate or interest in the Land. or (it) an obligation secured by a purchase money Mortgage given to the Insured. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (1) in case of any litigation as set forth in Section 5(a) of these Conditions. (Ii) 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 (iii) if the Title, as insuredis 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, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. S. 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 own 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 causes 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 causes 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 or desirable to establish the Titleas 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 Insuretl. 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 do 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 jurisdictionand it expressly reserves the right. in its sole discretionto appeal any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or protide 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 or 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 (I) In securing evidence. oblaming witnessesprosecuting or defending the action or proceedingor effecting settlement, and (ii) in any other lawful act that In the opinion of the Company may be necessary or desirable to establish the Title or any other matter as Insuretl. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation. the Company's obligations to the Insured under the policy shall terminate. Including any liability or obligation to defendprosecuteor continue any litigationwith 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 copyingat such reasonable times and places as may be designated by the authorized representative of the Company, all records, In whatever medium maintainedincluding booksledgers. checks, memorandacorrespondence, reports. e-mails, disks, tapes, and videos whether bearing a date before or atter 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 all of these records in the custody or control of a third party that reasonably pertain to the loss or 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, or 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. 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 costs, 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 optionall liability and obligations of the Company to the Insured under this policy, other than io make the payment required in this subsectionshall terminateincluding any liability or obligation to defendprosecuteor continue any litigation. (b) To Pay or Otherwise Selde With Parties Other Than the Insured or With the Insured Claimant. (i) 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 (ii) to pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy. together with any costsattorneys feesand 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 Upon the exercise by the Company of either of the options provided for in subsections (b)(1) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damageother than the payments required to be madeshall terminate. including any liability or obligation to defend. prosecuteor continue any litigation. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this ru m is mstricied to ALTA licensees and ALTA members in geed standing as of the date of use All other uses are prohibited Repined under license from the Amisecan Land Title Association. _ y File No. 01330-9089 �evlLrrraft Page 3 of Policy Serial No.: 0-9301-001841068 CONDITIONS (Continued) DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss 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 (0 the Amount of Insurance, or the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title. as insured it the Amount of Insurance shall be increased by 10°/ . and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the dale 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. i. LIMITATION OF LIABILITY (a) If the defect ClienPaory eaishes encumbranceh orTcurres orremoves nlack of hrif a right o access to or from the Land, or cures the claim of Unmarketable Title, all as insured. in a reasonably diligent manner by any method including litigation and the completion of any appeals. it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent juristliction. 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 Conditionsthe 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 policyit shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies In respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromiseor 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 remetlies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant. the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of Insuranceor bonds, notwithstanding any terms or conditions contained In those instruments that address subrogation rights. 14. ARBITRATION Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include. but are not limited toany controversy or claim between the Company and the Insured arising out of or relating to this policy. any service in connection with ds issuance or the breach of a policy provision. or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $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 $2000,000 shall be arbitrated only when agreed to by both the Company and the Insuretl. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbdralor(s) may be entered in any court of competent jurisdiction. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. m of loss or (b) Any tatus of the Title or by any action asserting sarises uchclaim shall besrestricted 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 statesit does not it modify any of the terms and provisions of the policy. (II) modify any prior endorsement. (iii) extend the Date of Policy- or (iv) increase the Amount of Insurance. 16. SEVERABILITY In the event any provision of this policy in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid. but all other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation. rights, remetliesor enforcement of policies of bile insurance of the jurisdiction where the Land is located. the law of the Therefore. the court or an arbitrator shall apply jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b) Choice of Forum'. Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United Stales of America or its territories having appropriate jurisdiction. 13. 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 Claims Department at P.O. Box 2029, Houston. TX 77252-2029. uopyngmThe of this For, is co'sers an A unernbeirsen standinas of A l otheei uses are prohibled d Reprinted untler licensefromlth Annarcan Land lie As59caboo a data of use Pile No. 01330-3009 Page 4 of Policy Serial No.: 0-9301-001841068 steyva E ALTA OWNER'S POLICY (6117106) SCHEDULE A Name and Address of Title Insurance Company: File No.: 01330-3089 Address Reference: 91 Solar Way, Aspen, CO 81611 (For Company Reference Purposes Only) Amount of Insurance: $862,500.00 Date of Policy: March 01, 2012 at 2.26 PM 1. Name of Insured: Peter Gregory Stewart Title Guaranty Company P.O. Box 2029, Houston, TX 77252 Prepared by. Colorado Regional Production Center Title Officer: Linda Williams 2. The estate or interest in the Land that is insured by this policy is: Fee Simple 3. Title is vested in: Peter Gregory 4. The Land referred to in this policy is described as follows: Lot 10, Block 3, BRUSH CREEK VILLAGE, FILING NO. 1 COUNTY OF PITKIN, STATE OF COLORADO. Copyright 2006-2009 American Land Title Association. All rights reserving. The use of this Fonn is restricted to ALTA Iorroses and ALTA members in good standing as of the date of use. All other uses are prohibded. Reprinted under bcense from the Amencan Land Title Assodedon. File No. 01330-3089 CO STG ALTA Owner's Policy Sch A STCO Policy No.: 0-9301-001841068 Premium: $2,053.00 Page 1 of 1 Ste%/aj't e ALIA OWNER'S POLICY (6/17106) SCHEDULE B File No.: 01330-3089 Policy No.: 0-9301-001841068 EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3 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 and 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. Unpatented mining claims, reservations or exceptions in patents, or in acts authorizing the issuance thereof. 6. Water rights, claims or title to water. 7. All taxes for 2012 and subsequent years, which are a lien not yet payable. 8. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 9. Right of way for ditches or canals constructed by the authority of the United States and all the coal and other minerals, together with the right to prospect for, mine and remove the same, as reserved in patent for that portion of subject property lying in Lot 4, Section 28, Township 9 South, Range 85 West, recorded April 17, 1937 as Reception No. 88970 in Book 162 at Page 549. 10. An undivided one-half of all minerals in subject property as reserved by Robert M. Burlingame in instrument recorded August 26, 1959 in Book 188 at Page 390. NOTE: Quit Claim Deed conveying right of surface entry to owners of record from Robert M. Burlingame as to rights reserved above, as set forth in Deed recorded December 10, 1965 in Book 217 at Paae 352 as Reception No. 122744, 11. All matters shown on the recorded Plat of Brush Creek Village in Book 3 at Page 62 and Amendment thereto recorded September 27, 1981 in Plat Book 6 at Page 31. 12. Protective Covenants and Restrictions and Easements as contained in instrument recorded January 19, 1966 in Book 218 at Paae 206 as Reception No. 123147, and First Amendment thereto recorded October 20, 1972 in Book 267 at Page 975, and Second Amendment thereto recorded February 22, 1979 in Book 363 at Page 717 as Reception No. 212102. 13. Easements reserved in instrument recorded January 19, 1966 in Book 218 at Page 206. 14. By-laws of Brush Creek Landowners Association, Inc., recorded November 17. 1975 in Book 305 at Page 483 as Reception No. 179390 and in Articles of Incorporation of Brush Creek Landowners Association, Inc., recorded November 17. 1975 in Book 305 at Page 492 as Reception No. 179391. 15. Agreement between The City of Aspen and Elay Corporation recorded August 8 1967 in Book 228 at Page 269 as Gopyngnc meo-aaw e, ... o.,. , . The use of this Form is resinclea to ALTA b,smates and ALIA memhers in goon standing as of the dale of use All other uses are prahibdad Repnnled under license from the American Land Title Assocalmn Page 1 of 2 stewart File No. 01330-3089-� CO STG ALTA Owner's Policy Sch B SE - ALTA OWNER'S POLICY (6117106) SCHEDULE B Reception No. 128105. 16. Decree creating Brush Creek Village Water District, recorded September 19, 1989 in Book 602 at Page 204 as Reception No. 315213, and Order Correcting Boundary Description of Brush Creek Village Water District recorded March 26, 1990 in Book 616 at Page 898 as Reception No. 321210. 17. Order Converting the Brush Creek Village Water District to the Brush Creek Metropolitan District as set forth in instrument recorded January 20, 1994 in Book 739 at Page 359 as Reception No. 365975. 1 B. Easement Agreement recorded in Book 295 at Page 547. 19. Resolution 75-89 recorded in Book 310 at Page 273. 20. Resolution recorded November 30, 1981 in Book 417 at Page 964, and Resolution recorded January 31. 1997 as Reception No. 401414 and Resolution recorded January 19, 2000 as Reception No 439663 and Resolution recorded January 19 2000 as Reception No. 439664 21. All matters as shown on the Monumented Land and Improvement Survey by SurvCo Inc. updated 12/16/11. 22. Deed of Trust executed by Peter Gregory to the Public Trustee of Pitkin County, dated March 1, 2012, in the principal amount of $560,600.00, payable to HSBC Bank USA, N.A., and recorded March 1, 2012 as Reception No. 587138. Copyright 3006-2009 American Land Trtle Association. All rights reserved. The use of this Forms restricted to ALTA Lcensees and ALTA framers., good standing as of the date of use All other uses are prohibited Regnnled under license from Lie Ainencan Land Title Association Page 2 of 2 rt File No. 01 33 0-3089 ``"-"—- CO STG ALTA Owner's Policy Sch B SE CO STG Endorsement 110.1 Deletion of E%Eeplion ALTA Lender ENDORSEMENT ATTACHED TO AND MADE A PART OF POLICY OF TITLE INSURANCE SERIAL NUMBER 0-9301-001841068 Issued by �- stewart title guaranty company HEREIN CALLED THE COMPANY Charge. $150.00 File No.: 01330-3089 Said Policy is hereby amended by deleting paragraphs 1 - 4, inclusive of Schedule B. This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof. Signed under seal for the Company, but this endorsement is to be valid only when it bears an authorized countersignature Countersigned by n � � :1�tfLLi]/{'(I Cownlrsltnalucc Stewart Title Agent lD-. 06011A 97 Main Street. Suite W201 Edwards. CO 61632 Endorsement Serial No. �stewart title guaranty cornpany s��i ti ctN?e. 555: E-9851-567581842 Senior Chairman of the Board Chaurnan of the Board president Page 1 of 1 File No. 01330-3089 STG CLTA Form 110.1 Deletion of Exception ALTA Lender CO STG CLTA Form 100.31 (Rev. 11-11-99)—Development of Minerals Endorsement ALTA Owner or Lender ENDORSEMENT ATTACHED TO AND MADE A PART OF POLICY OF TITLE INSURANCE SERIAL NUMBER 0-9301-001841068 Issued by cstewart title guaranty company HEREIN CALLED THE COMPANY Charge: $205.00 File No.: 01330-3089 The Company hereby insures the Insured against loss which the Insured shall sustain by reason of physical, but not aesthetic, damage to improvements existing on the land at Dale of Policy or Constructed thereon thereafter, resulting from the exercise subsequent to the Date of Policy of any rights to use the surface of the land under the mineral interest referred to in Exception No. 8, 9 of Schedule B.. (the mineral rights').. subject, however, to the following terms and conditions. L The Insured shall notify the Company promptly in writing in case knowledge shall come to an insured hereunder of any actual or threatened exercise of the mineral rights. 2. The Company shall have the right. at its costs. to take any action which in its opinion may be necessary or desirable in order for the Company to avoid or minimize the extent of its liability under this Endorsement, including, but not limited to. any or all of the following. a. In the Company's own right, or in the name of the Insured for the Company's benefit, to institute, prosecute and pursue to final determination any proceedings at law or in equity, or before any municipal, administrative, or regulatory tribunal or board b. In the Company's own right, or in the name of the Insured for the Company's benefit, to compel the giving of security bond or undertaking by the person or persons from whom the Insured is entitled by law to such security, bond or undertaking, and in the same amount or amounts to which the Insured would have been so entitled had this endorsement not been issued, and c. To retain or be paid out of any such security, bond or undertaking, or out of any compensation or funds recovered by the Company the Insured, such amount as will reimburse the Company for all payments made to the Insured by the Company by reason of the insurance afforded by this Endorsement, together with all costs and expenses incurred by the Company in connection therewith, including attorney's fees. 3. No rights, benefits or defenses are intended to or shall be deemed to Flow or be made available to any person or entity other than the Insured by reason of the Insurance afforded by this endorsement, and the Insured agrees that all of the Insured's rights and remedies against third parties relating to the subject matter of this endorsement shall be deemed to have remained intact, in the same manner as if this endorsement had not been Issued. This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof Signed under seal for the Company, but this endorsement is to be valid only when it bears an authorized countersignature Countersigned by. stewart rillo guaranty company 1 oizi (oupitrsi¢niiwe Stewart Title Agent ID'. 06011A:'._ ioo¢ ;off( 97 Main Street, Suite W201 ` -' i..,) r x F.N' Edwards, CO 81632 Endorsement Serial No. E-9727-164237723 File No. 01330-3089 CO STG CLTA Form 100.31 (Rev. 11-11-99) Development of Minerals Endorsement ALTA Owner or Lender ,I Senior Chairman of the Board Charman of the Board Page 1 of 1 STG Privacy Notice 1 (Rev 01126109) Stewart Title Companies WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This to notice is itle V of thdistributed t Gramm -Leach -Bliley on behalf of Acte Stewart Title Guaranty Company and its affiliates (the Stewart Title Companies), pursuant The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business—to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers' personal information, the reasons that we choose to share, and whether you can limit this sharing. Reasons we can share your personal information Do we share? Can you limit this sharing? For our everyday business purposes— to process your transactions and How do the Stewart Title Companies maintain your account. This may include running the business and managing Yes No customer accounts, such as processing transactions, mailing, and auditing services. include computer, file, and building safeguards. How do the Stewart Title Companies and responding to court orders and legal investigations. collect my personal information? request insurance -related services For our marketing purposes— to offer our products and services to you. Yes No For joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes— information about your or other companies. What sharing can I limit? transactions and experiences. Affiliates are companies related by common Yes No ownership or control. They can be financial and non-financial companies. Our affiliates may include companies with a Stewart name; financial companies. such as Stewart Title Company For our affiliates' everyday business purposes— information about your No We don't share creditworthiness. r affiliates to market to you Yes No FForn -affiliates to market to you. Non -affiliates are companies not related by No We don't share n ownership or control. They can be financial and non-financial companies. We may disclose your personal information to our affiliates or to non -affiliates as permitted by law. If you request a transaction with a non -affiliate, such as a third party insurance company, we will disclose your personal information to that non -affiliate. [We do not control their subsequent use of information, and suggest you refer to their privacy notices.) Sharing practices How often do the Stewart Title Companies We must notify you about our sharing practices when you request a transaction. notify me about their practices? How do the Stewart Title Companies To protect your personal information from unauthorized access and use. we use protect my personal information? security measures that comply with federal and state law. These measures include computer, file, and building safeguards. How do the Stewart Title Companies We collect your personal information, for example, when you collect my personal information? request insurance -related services • provide such information to us We also collect your personal information from others. such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other companies. What sharing can I limit? Although federal and state law give you the right to limit sharing (e.g., opt out) to certain instances, we do not share your personal information in those instances. Contact Us If you have any questions about this privacy notice, please contact us at Stewart Title Guaranty Company, 1980 Post Oak Blvd., Privacy Officer, Houston, Texas 77056 File No. 01330-3089 rage I or i Resolution No. RL --9(p RECITALS 1. The Brush Creek Village Subdivision requested the County to allow it to hold an election concerning the incorporation of the subdivision. 2. After much deliberation, the Board of County Commissioners denied the request. 3. When determining not to allow the incorporation election to proceed, the Board of County Commissioners expressed a willingness to work the people of Brush Creek Village to address issues and problems raised during the course of hearings on the incorporation election. 4. Representatives of the Brush Creek Village Subdivision and the Board of County Commissioner met on August 22, 1996 to discuss these issues and problems. NOW, THEREFORE, BE IT RESOLVED BY THE PITKIN COUNTY BOARD OF COMMISSIONERS that County staff (the County) is hereby directed to work with representatives of the Brush Creek Village Metropolitan District (Brush Creek Village) to address the issues and problems mutually determined as follows: Intergovernmental Agreement. The County shall work with Brush Creek Village to develop and Intergovernmental Agreement that will incorporate the following, to the extent legally permitted: a) Pitkin County will assure Brush Creek that the improvements to the roads within the Brush Creek Village Subdivision will be made under the proposed 15 -Year Road Improvement Plan, if it is approved by the voters in November. If the plan is approved, Brush Creek Village will have the ability to prioritize the improvements to the roads in Brush Creek and that the County will follow the prioritization plan submitted by Brush Creek. b) The County shall investigate the current situation at the intersection of Medicine Bow Road and Brush Creek Road and develop an additional road improvement project that would increase the safety of this 000025 c) Currently, the County retains 5% of the taxes collected for the Brush Creek Improvement District as a tax collection fee. The County shall determine the true cost of collecting taxes for the district and adjust the collection fee accordingly for the 1997 budget year. Staff will continue to assess the true cost of collection in future years and assess the district for this actual cost, not to exceed 5%. d) Brush Creek Village is concerned about vehicles parked on the subdivision roads, as said vehicles present a safety hazard and impede proper removal of snow from the roads in the winter. The County shall include language within the intergovernmental agreement that will empower the Brush Creek Village to warn, ticket and tow said vehicles. Land Use Code Revisions: The County will work in conjunction with Brush Creek Village to develop legislation to present to the Board which will amend portions of the Land Use Code as follows: a) The County shall begin to develop a special zoning district or overlay for the Brush Creek Village Subdivision that shall limit or possibly restrict the development of Caretaker Dwelling Units. Any such limitation or restriction must have the support of the residents of the Brush Creek Village Subdivision before it will be considered for approval by the Board. b) The County shall begin work to develop a special modification to the front yard setback requirements for the Brush Creek Village Subdivision which will change the setback from 30 -feet to 50 -feet. Said reduction in the front yard set back must have the support of the residents of the Brush Creek Village Subdivision before it will be considered for approval by the Board. c) Brush Creek Village desires more comprehensive public noticing regarding "Ridgeline Review" requests being considered by the County. To that end, County staff shall begin work on an amendment to the Land Use Code which shall expand public noticing beyond the currently mandated 300 -feet contiguity to include all those properties whose view plane might be impacted by the proposed development. 3. General Issues: The County shall work with Brush Creek Village to insure that the following items are addressed: 0000,26 be referred to the Zoning Official for follow-up and possible enforcement action. b) The residents of Brush Creek Village have expressed concern about the slow and/or inappropriate restoration of utility cuts in the roadways of the subdivision. The County has a 1995 Road Management and Maintenance Plan which contains Road Cut Permit requirements for timely completion of work in the roads and financial assurances that such work will be completed according to specifications. The Pitkin County Public Works department will meet with representatives of Brush Creek Village to determine if there are ways to further involve their participation in the road cut permit application and approval process. If there are mutually accepted procedures to facilitate this involvement, the Public Works Department will institute and comply with these procedures in the future regarding road cuts in the Brush Creek Village Subdivision. c) Brush Creek Village has expressed concern about the seasonal weight restrictions currently placed on the roadways of the subdivision. The Pitkin County Public Works department will meet with representatives of Brush Creek Village to determine if there are ways to modify these weight restrictions so that they better suit the needs of the Brush Creek Village residents. If there are mutually accepted procedures to facilitate this involvement, the Public Works Department will institute and comply with these procedures in the future regarding weight restrictions on the roads in the Brush Creek Village Subdivision. d) The residents of the Brush Creek Village Subdivision are discouraged by the apparent disregard to the stewardship of lands on the Cozy Point Ranch since the City of Aspen has purchased the property. The lack of irrigation, elimination of the second hay crop and proliferation of thistles on the ranch has raised their concerns that the ranch no longer receives the level of management necessary to keep it aesthetically pleasing to those driving by or through it. In addition, the mesh -wire fence erected by the Colorado Department of Transportation to replace the steel plank fence on the property is unsightly and could be impactive to wildlife migration. County staff will discuss the stewardship of the property with the City of Aspen and bring the matter of the fencing to the attention of the Highway 82 Design Committee as soon as possible. nnnn?i include mosquito control. The Board would likely support suko" dil amendment and believes that the District should bring this matter up for consideration as soon as possible. b) The residents of the Brush Creek Village Subdivision are interested in forming a Caucus which could additionally include a specific planning commission for the area. County staff shall work with the residents to help them through the process of forming a caucus as soon as possible. C) The Board is advised by the Brush Creek Subdivision residents of the following issues related to the areas surrounding their properties: i) Affordable housing proposed as a part of the Cougar Canyon development is supported by the residents; ii) The appropriate amount of affordable housing on the Cozy Point Ranch seems to be in the range of 6 to 10 units; iii) The Brush Creek Road/Highway 82 intersection and the lands surrounding it are of particular concern to the residents. e County to maintain the iv) The sense of residents community and the general fel of the area they now enjoy. APPROVED AND ADOPTED ON THE 28th DAY OF AUGUST, 1996. ATTEST: Debbie Quinn, Assistant County Attorney 000028 BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO u ame4s R. T2'_ rue, Chairman Suza Konchan, County Manager A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO AUTHORIZING PITKIN COUNTY TO ENTER INTO A ROAD MAINTENANCE CONTRACT WITH THE BRUSH CREEK METROPOLITAN DISTRICT RESOLUTION #99-V Recitals 1. Pitkin County has agreed to accept the maintenance responsibilities for roads located within the Brush Creek subdivision subject to those certain conditions contained in BOCC Resolution No. 84-70; and 2. Pitkin County has determined that contracting these maintenance functions to the Brush Creek Metropolitan District is the most efficient and economical method of performing such functions while maintaining the maximum amount of local control over local road conditions; and 3. The Road Maintenance Contract is not subject to the Procurement Code; and 4. The Brush Creek Metropolitan District is familiar with the needs and requirements for the maintenance of the Brush Creek subdivision roads. NOW, THEREFORE, be it resolved that the Board of County Commissioners of Pitkin County enter into the attached Road Maintenance Contract with the Brush Creek Metropolitan District for the purpose of maintaining the roads within the Brush Creek Subdivision and authorizes the Chair to execute the Contract. INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON THE 22nd DAY OF April, 1998. NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION OF THE ASPEN TIMES ON 18TH DAY OF APRIL, 1998. APPROVED UPON SECOND READING AND PUBLIC HEARING ON THE 12TH DAY OF MAY, 1999. PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE ASPEN TIMES ON THE 22ND DAY OF MAY, 1999. 000027 11111111111111111111111111111111111111111111111111111 IN 430064 01/19/2000 01:1'5P RESOLUTI DRVIS SILVI 1 of 7 R yy0�..00 D 0.00 N 0.00 PITKIN COUNTY CO Oiv%* dh P AL.a! a A ik stAw a Resolution #99aA - Page 2 ATTEST: APPROVED AS TO FORM: John M. Ely Coun rney Vres/bcroad.rc 000030 BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO //�l ".T - _ uzannel chap County Manager 111111111111111111111111111111111111111111111111111 IN 430064 01/10/2000 01:10P RESOLUTI DAVIS SILVI 2 of 7 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO PITKIN COUNTY, COLORADO ROAD MAINTENAN CO RACT THIS CONTRACT, made this day of , 1999, by and between the BOARD OF COUNTY COMMSSIONERS PITKIN COUNTY, COLORADO (hereinafter referred to as "County"), and the BRUSH CREEK METROPOLITAN DISTRICT (hereinafter referred to as "District"). WITNESSETH: WHEREAS, the County has agreed to accept the maintenance responsibilities for roads within the Brush Creek Subdivision subject to certain conditions contained in Resolution No. 84- 70; 470; and WHEREAS, the County has determined that contracting these maintenance functions to the District is the most efficient and economical method of performing such functions while maintaining the maximum amount of local control over local road conditions; and WHEREAS, this contract is not subject to the Procurement Code; and WHEREAS, the District is familiar with the needs and requirements for the maintenance of these roads; NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, the parties covenant and agree as follows: 1. The District agrees to furnish all labor, materials, equipment, tools and services necessary and incidental to perform and complete in a workmanlike manner all work required for the maintenance (including snow removal and appropriate signs), repair and improvement of the roads in the Brusb Creek Sgbdivision for the term of this Contract, subject to the provisions contained in the 7 Pi, 1999 Intergovemmen Agreemnennt betwee a parties ("IGA'). 2. The term of this Contract shall be fro i1 , 1999 to 2000. If performance under this Contract extends beyond this ' tial term, nothing in shall be construed as creating a continuing obligation of the County t allocate funds for road maintenance in the District in excess of any amounts that may be, from time to time, received by the County from the State and appropriated by the County on an annual basis, except as otherwise provided in the IGA. It is understood that payments for such purposes are conditioned upon an annual appropriation of funds and that before providing services, the District, if it so requests, will be advised as to the status of funds appropriated for services or materials by the County and the County shall not be obligated to provide services or materials for which funds have not been appropriated except as otherwise provided in the IGA. This contract shall automatically be extended on a year-to-year basis, unless terminated in writing by the mutual agreement of the parties. 000031 11111111111111111111111IIIIIII IIINIIIIIIII1111IN 439504 01/19/2000 01:15P ROSOLUTI DAVIS SILVI 3 of 7 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO This contract shall automatically terminate if and when the State terminates the Highway User Tax Fund reimbursement for the roads that are the subject of this Contract. a. The County agrees to pay and the District agrees to accept as full payment for full performance under this Contract, the Initial Contract Amount due for the 1996 year which is to be calculated based on the proportionate share of Highway Users Tax funds received by the County in the preceding year and calculated in May 1997. The share for the District is determined by the amount of Highway Users Tax Funds received by the County (in the preceding year) divided by the total miles of County roads reported to the State times the miles of roads supported by this contract, which is 6.2 at the present time. This amount shall be in addition to amounts to be paid by the County to the District in accordance with the IGA between the parties. Payment amounts and payment times by the County to the District in a calendar year are expressly conditioned in receipt of Highway User Tax Fund payments by the State to the County in the preceding year and accrued in that year. If the payments from the State are reduced or not received by the County during the term of this Contract for any reason whatsoever, the County shall have no liability to the District for payment or reimbursement except for those funds actually received from the State in the calendar year those funds are actually receive!. The County shall make the payment noted in this paragraph to the District on or before March 31 for the preceding year. Payments not made by this date will bear interest at 18% per annum. b. The District shall maintain comprehensive, complete and accurate books of account, reports, returns and supporting records for payments which are made from these funds. These books of account and records shall be maintained on a current basis and shall be stored in Pitkin County, Colorado, for a period of at least thirty-six (36) months after original entry. Such records shall be consistently, completely and accurately maintained on a current basis to the end that a determination and verification can be made according to standard and accepted accounting and auditing practices concerning the payments paid or payable pursuant to this Contract. Such records shall be maintained for the above stated thirty-six (36) month period despite the termination of the Contract. Such books and records shall be made available to the Public Works Director of the County or his designee at the Public Works Director's Office upon one weeks notice to the District. The District's books and records are audited annually as required by statute. C. The District maintains insurance coverage appropriate to its operations and consistent with its coverage by the Governmental Immunity Act. The County shall be named an additional insured on such policy. A certificate of insurance evidencing such coverage will be provided annually to the County. d. In all cases, the County shall be entitled to deduct five percent (5%) of all funds received by the State as reimbursement for the County s administrative costs hereunder. e. The County agrees to stripe the roads when needed and, otherwise, at least every three years - 2 187,42.11 [IiI1I1M 111111111111111111111111111111111 HIS 111111111111 IN 439004 01/19/2000 01:10P RESOLUTI DAVIS SILVI 4 of 7 R 8.00 D 0.08 N 0.00 PITKIN COUNTY CC 3. a. The District hereby represents, and County agrees, that all roads subject to this Contract meet minimum Pitkin County Road Specifications for that class of road. b. All maintenance, repair and construction shall be completed according to Section 8 and be done in strict conformance with the requirements of the then -current Pitkin County Road Specifications, Standard State of Colorado Road Maintenance, Repair and Improvement standards. C. The terms, conditions and restrictions of County Resolution No. 84-70 are expressly adopted herein by this reference. d. All operations hereunder shall also strictly comply with the requirements of 1973 C.R.S. 43-4-207, as it may be from time to time amended. That section generally provides as follows: (1) Funds shall be expended by said counties only on the construction, engineering, reconstruction, maintenance, repair, equipment, improvement, and administration of the county highway systems together with acquisition of rights-of-way and access rights for the same and for no other purpose. (2) The amount to be expended for administrative purposes shall not exceed five percent of each county's share of the funds available. (3) All roads for which funds are received shall be "open, used and maintained," which means legally open to public travel by ordinary motor vehicles at all times, useable at all times during adverse weather conditions, and maintained by work of County maintenance crews or crews of other governmental agencies within this state which are authorized to engage in highway, road or street maintenance or improvement performed on a continual basis. 4. The District intends to subcontract the performance of its obligations hereunder to any qualified road contractor. This Contract shall not be construed as creating a contractual relationship between any subcontractors and the County. No subcontract shall be construed to excuse or release the District from primary liability hereunder. 5. This Contract constitutes the entire contract between the parties on the subject of road maintenance in Brush Creek, except to the extent the IGA between the parties addresses this issue as well. In the event of any conflict between this Contract and the IGA, the IGA shall control. No addition, deletion, modification or amendment of this Contract shall have any force or effect, except as mutually agreed to in a writing signed by all of the parties. 18242.1 000033 111111111111111111111111111111111111111111111111111 IN I 439064 01/10/20M 01:19P RESOWTI Di1VIS SILVI 5 of 7 R 0.00 0 0.00 N 0.00 PITKIN COUNTY CO 6. All work hereunder shall be done under the general supervision and direction of the Director of Public Works or his designee. The Director shall decide any and all questions which may arise as to the quality and acceptability of materials fiunished, work performed, rate of progress of the work, interpretation of the Contract on the part of the District. Any subcontracted work hereunder shall be at the supervision of the District, subject to the observation and review by the Director. 7. This Contract and all of the covenants hereof shall inure to the benefit of and be binding upon the county and the District respectively and their agents, representatives, employees, successors, assigns and legal representatives. Neither the County nor the Contractor shall have the right to assign, transfer or subcontract his interest or obligations hereunder without the consent of the other party. 8. This Contract may be terminated by either party upon thirty (30) days written notice thereof, with obligations hereunder adjusted pro rata or by separate agreement of the parties. If terminated by the County, roads subject to this Contract will be deeded by the County to the District. 9. This Contract does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom the District or the County may assign this Contract in accordance with the specific written permission, any rights to claim damages or to bring any suit, action or other proceeding against either the County or the District because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 10. No waiver of default by either party of any of the terns, covenants or conditions hereof to be performed, kept and observed by the other party shall be construed, or operate as, a waiver of any subsequent default of any of the terns, covenants or conditions herein contained, to be performed, kept and observed by the other party. 11. The parties agree that this Contract was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. 12. In the event that legal action is necessary to enforce any of the provisions of this Contract, the prevailing party shall be entitled to its costs and reasonable attorney's fees. All disputes shall be decided by a three-member arbitration panel acting in accordance with American Arbitration Association rules. 13. This Contract was negotiated and reviewed through the mutual efforts of the parties hereto and the parties agree that no construction shall be made or presumption shall arise for or against either party based on any alleged unequal status of the parties in the negotiation, review or drafting of this Contract. 4 M42A 000034 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIN 6 of 7 R 0.00 0 0.06 N 0.00 PITKIN COUNTY CO 14. The undersigned representative of the District, as an inducement to the County to execute this Contract, represents that he is an authorized representative of the District for the purposes of executing this Contract, and that he has full and complete authority to enter into this Contract for the terms and conditions specified herein. IN WITNESS WHEREOF, the parties have made and executed this Contract the day and year first above written. COUNTY OF PITKIN, COLORADO By,A�. Public Works :i Address: 76 Service Center Road Aspen, CO 81611 RECOMMENDED FOR APPROVAL: W114. 92 A BRUSH CREEK METROPOLITAN aes P. Crowley, President Address: 500 Juniper Hill I Aspen, CO 81611 ASPEN:0018242.04 1/j/brushc khdmrconmxtdoc 18942.1 APPROVED AS TO FORM: John M. Ely, Pi ounty Attorney Debe Nelson, Finance Director BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY aslie J. Lam nt Chair 11111111111111111111111111111111111111111111111 IN IN 00003) 430004 01/10/2000 01:15P RESOLUTI DAVIS SILVI 7 of 7 R 8.00 0 0.00 N 0.00 PITKIN COUNTY CO A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO AUTHORIZING PITKIN COUNTY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE BRUSH CREEK METROPOLITAN DISTRICT RESOLUTION #99-� Recitals 1. Certain landowners in the Brush Creek petitioned the Board of County Commissioners of Pitkin County to order an election on the question of whether Brush Creek Subdivision, located within the Brush Creek Metropolitan District, could be incorporated as a separate entity; and 2. After a series of hearings on the issue, the Board of County Commissioners issued Resolution No. 96-206, which refused to permit the petitioning Brush Creek landowners to proceed with an election on the issue of incorporation; and 3. The petitioning Brush Creek landowners filed litigation against the Board of County Commissioners pursuant to C.R.C.P. Rule 106, styled Brush Creek Landowners Association v. Pitkin County Board of County Commissioners, Pitkin County District Court Case No. 96 CV 198. The complaint has not vet been served upon the BOCC_ and 4. Subsequent to Resolution No. 96-206, and the filing of the Rule 106 litigation, the Brush Creek landowners and the BOCC have engaged in negotiations to reach an amicable resolution concerning the needs of the Brush Creek landowners. The parties now desire to enter into an intergovernmental Agreement which would help resolve their differences. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, that the BOCC and the Brush Creek Metropolitan District enter into an Intergovernmental Agreement for the purpose of granting the Brush Creek landowners greater determination of their own affairs and those of the immediate neighborhood, and authorizes the Chair to execute the attached Intergovernmental Agreement on behalf of Pitkin County. INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON THE 22ND DAY OF APRIL, 1998. NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION OF THE ASPEN TIMES ON 18TH DAY OF APRIL, 1998. 000036 111111111111111111111111111111111111111111111111111111111111111 IN 43 03 01/10/2000 01:15P RESMUTI DAVIS SILVI 1 of 12 R 0.00 D 0.08 N 0.00 PITKIN COUNTY CO APPROVED UPON SECOND READING AND PUBLIC HEARING ON THE 12TH DAY OF MAY, 1999. PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE ASPEN TIMES ON THE 22ND DAY OF MAY, 1999. ATTEST: APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Leslie J. Lamont Chairmen Date:�. �J°YL r J John M. Elyzanne K z ban Conn rney v ,County Manager 1/msos/bcrkiga.re 1111111 hill 11111111111111111110.1111111111111111 lill IN 00003 23off 112 R 09000 N N 0.005 PITKIUTI NRCOUNTYLCo INTERGOVERNMENTAL AGREEMENT BETWEEN BRUSH CREEK METROPOLITAN DISTRICT AND PITKIN COUNTY, COLORADO THIS INTERGOVERNMENTAL AGREEMENT ("IGA") is entered into between Brush Creek Metropolitan District ("Brush Creek"), a Colorado special district, whose address is 500 Juniper Hill Road, Aspen, Colorado, and the Board of County Commissioners, Pitkin County, Colorado, whose address is 530 East Main Street, Aspen, Colorado ("the County"). I. Recitals 1. Brush Creek provides a variety of services to the residents within the district in Pitkin County, Colorado. 2. Certain landowners in Brush Creek petitioned the Board of County Commissioners of Pitkin County (`BOCC") to order an election on the question of whether the Brush Creek Subdivision which is located within the district incorporated as a separate entity. The Petition was styled In re: Statutory Incorporation of Town of Brush Creek, Colo. Rev. Stat. '31-2-101 et sem, and Adoption of Home Rule Charter for Town of Brush Creek, Colo. Rev. Stat. 'TI -2-201 et sem, Case No. 96 CV 84-2 ("the Petition"). 3. After a series of hearings on the issue, the BOCC refused to permit the petitioning landowners to proceed with an incorporation election. BOCC memorialized this decision in Resolution No. 96-206 ("the Resolution"). 4. The petitioning landowners thereafter filed a Rule 106 complaint against BOCC, styled Brush Creek Landowners Association v. Pitkin County Board of County Commissioners, Case No. 96 -CV -198 ("the Rule 106 Action"). The Rule 106 Action has not yet been served on Pitkin County. 5. Subsequent to entry of the Resolution, BOCC and Brush Creek have engaged in negotiations to determine whether there might be an amicable resolution of Brush Creek's needs and those of the landowners. As a result of such negotiations, the parties desire to enter into this IGA for the purpose of giving Brush Creek greater determination of its own affairs and those of its immediate neighborhood, as set forth below, and focusing the parties' attention on such solutions rather than on the Petition or the Rule 106 Action. II. Agreement NOW, THEREFORE, for good and valuable consideration, the parties agree as follows: 1. Utilities. The County recognizes that the operations of utility companies (telephone, natural gas, electricity, cable TV, and any other service provided by wires, 11111111111111 IN 11111111111111111111111111111111111 IN 000033 439063 01/18/2000 01:15P RESOLUTI DAVIS SILVI 3 of 12 R 0.00 D 8.00 N 0.00 PITKIN COUNTY CO pipes or other permanently placed physical means to residents within Brush Creek) within Brush Creek, if not closely regulated, can result in damage to the Brush Creek water and road systems. The County agrees that, within the limits of its powers, that the following procedure will be followed in respect to all utility operations (including, without limitation, installation, maintenance, and repair, but excluding the operations of the Brush Creek Metropolitan District in repairing, improving, or maintaining its facilities) within Brush Creek: A. The County will immediately notify Brush Creek when it receives requests from utility companies or their contractors or agents for permits to install facilities, perform maintenance, make repairs or conduct any other utility related activity within Brush Creek. B. Permits will not be issued for any utility operations until the County has received all of the following: (i) written concurrence from Brush Creek; (ii) written agreement from the utility company agreeing to comply with a set of restoration standards, if any, to be provided to the County by Brush Creek, or, if Brush Creek has not developed such restoration standards for the project within fifteen days after receiving under subparagraph A hereof or the utility refuses to agree to such restoration standards, the restoration standards of the County shall be imposed on the utility; and (iii) a restoration bond supplied by the utility company. Written concurrence from Brush Creek shall not be required if Pitkin County is required by law to issue a permit. Pitkin County shall nonetheless seek to condition any permit issued according to the standards provided in this paragraph. C. Restoration bonds will not be released and the County will not issue further permits to any utility company for activity within Brush Creek, unless and until both the County and Brush Creek agree that the work has been completed in a manner acceptable to each of them. If any utility company undertakes the installation or repair of its facilities without first seeking a permit from the County, Brush Creek shall notify the County. The County shall be responsible, within the limits of its powers, for stopping such undertaking and for requiring the utility company to follow the procedures outlined herein. If these procedures are not followed and Brush Creek determines that its facilities have been damaged, Brush Creek may ask the County to remedy the deficiency either through the County's efforts or by compelling the utility company to effect the necessary remedies. Brush Creek shall retain the option to cause the repairs to be made (if in Brush Creek's judgment it is likely that delays will occur that further endanger or compromise Brush Creek's facilities) and deliver the bill to the County whose responsibility it shall be to reimburse Brush Creek through the utility company's bond. If payment by the utility company or the utility company's bonding agent is not made within 90 days, the County, to the extent permitted by law, shall take such steps against E 000039 111111111111111111111111111111111111111111111111 Hill IN IN t l 439063 01/19/2000 01:19P NESOLUTI DAVIS SILVI 4 of 22 R 0.00 0 0.00 N 0.00 PITKIN COUNTY CO the utility company as may be appropriate and necessary to restrict the conduct of the utility company in Brush Creek in the future until such amount is paid. The County and Brush Creek also agree that it is in their interest to take all steps necessary and appropriate to remove overhead utility lines in Brush Creek. The County agrees to cooperate with Brush Creek in its efforts to accomplish this objective, provided however that nothing in this subparagraph shall create a financial obligation for the County. 2. Road Fund. Brush Creek and the County agree that certain road improvements or major maintenance projects are planned for Brush Creek including that certain project denominated "Brush Creek Roads Rehabilitation" consisting of drainage correction (the correcting of pavement pitch where necessary to insure that, wherever possible, water drains from the pavement into a drainage ditch, improvement of ditches where required, and repairs or improvements to existing culverts to insure proper drainage), local reconstruction (repair of areas where road base failures have occurred by removal of existing pavement and replacing road base and pavement, widening the existing platform where prudent (especially at the turns)), and asphalt overlay (installation of a leveling course with a minimum thickness of two inches and, where appropriate, three to five inches, over all Brush Creek roads which includes Juniper Hill Road through Cozy Point to Highway 82 and striping) (collectively "the Project"). The County agrees to spend a portion of any new or increased taxes levied by the County for the purpose of road improvements, road maintenance, or road repairs to complete the Project within five years after the first year in which such taxes are collected. The County and Brush Creek agree that the schedule for the Project must, of necessity, be subject to modification to allow the County to deal with emergency or unforeseen situations. If the County deems such modifications necessary, the County will notify Brush Creek and the entities will develop a revised schedule. Nothing herein, however, is intended to relieve the County of its obligation to expend the funds for the Projects within the five-year time frame described above. In the event Brush Creek undertakes major road work as a part of the Project that requires financing through bonded indebtedness prior to the availability of the new or increased taxes described herein, such taxes may be used at Brush Creek's direction to retire such indebtedness once they become available; provided however that such taxes shall only be used to retire no more than $500,000.00 of such indebtedness . The County and Brush Creek acknowledge that the intersection of Medicine Bow Road and Brush Creek Road is inadequate and substandard and has been budgeted by the County for improvements to be completed no later than October 15, 1999, unless delayed as a result of the need for land to be acquired by acquisition or condemnation to accommodate the intersection alignment. The County shall be responsible for securing the appropriate rights of way to accommodate the intersection alignment, provided however that the County shall be responsible for the payment of a maximum of $35,000.00 to secure such rights of way and Brush Creek shall be responsible for any amount that exceeds such amount, if any. 000040 3 1111111111111111111111111111111111111111111111111111111 430603 01/19/29M 01:15P RESOLUTI DAVIS SILVI 5 of 12 R 0.00 0 0.00 N 0.00 PITKIN COUNTY 00 3. Road Weight Restrictions. Roads in Brush Creek are subject to seasonal weight restrictions. The County shall pass an ordinance that permits the County to delegate to Brush Creek the responsibility for determining the effective dates for such seasonal restrictions on an annual basis depending upon conditions. After the passage of such an ordinance, the County shall so delegate such responsibility and the County shall implement the restrictions based upon Brush Creek's determination. 4. Ridgeline Review. Whenever the County conducts a ridgeline review on a property located within or adjacent to Brush Creek, the County shall give Brush Creek timely notice of same and shall provide Brush Creek with input into the review process. In connection with the review for any application by a Brush Creek resident, the County shall take into account the topography of Brush Creek and the difficulties of residents of Brush Creek to utilize their property and satisfy the County ridgeline goals. Therefore, the County shall make reasonable accommodations for such applicants in making ridgeline review decisions to permit the applicant to appropriately use their property. With respect to applications submitted by Brush Creek residents that require a ridgeline review under the County land use code, the County shall charge a maximum of $450.00 for each such review and shall decide the ridgeline issues, if any, within 60 days. The failure by the County to provide such notice to Brush Creek, to charge applicants as provided, or to make a timely decision in 60 days shall be deemed an approval of any applications without conditions. 5. Parking Enforcement. The County hereby delegates to Brush Creek the aut ri o enforce parking infractions within Brush Creek, pursuant to the County's * a copy of which is attached hereto and incorporated herein by this reference. This authority shall extend to towing wrongfully parked vehicles to the County impound lot, in accordance with applicable County ordinances and regulations. Brush Creek may use private contractors to implement its enforcement authority granted hereby. The enforcement authority delegated hereunder shall be in addition to, and not in lieu of, any other enforcement rights and authority Brush Creek may currently have. Since the County's obligation to purchase and install "no parking" signs within Brush Creek was fulfilled by Brush Creek, the County agrees to reimburse Brush Creek for the costs of the "no parking" signs that were purchased and installed by Brush Creek. 6. Land Use Decision Making. a. Upon the receipt by the County of any land use application regarding lands within the geographic area defined on the attached map, the County shall refer such application to Brush Creek for its review and consideration. Such referrals shall be mailed through the U.S. mails to Brush Creek at 500 Juniper Hill Road, Aspen, Colorado 81611. In addition to participation in the normal public process with respect to such an application and to being able to provide written and oral comments based upon the referral of the application, Brush Creek shall have the right to confer with the County and the County agrees to consult with Brush Creek regarding such application through a public work session or sessions at which Brush Creek and the County can have a dialogue and exchange regarding the issues of Brush Creek and the County with the subject application. The County agrees to consider in good faith the 4 000041 111111111111111111111111111111111111111111111111101111 439953 01/19/2000 01:25P RESOLUTI DRYIS SILVI 6 of 12 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO comments, suggestions, conditions, or other input of Brush Creek regarding any such application. Brush Creek shall have the opportunity to make recommendations for mitigation and conditions of approval to the County during the land use approval process of such applications and the County agrees to consider such recommendations in good faith and treated as if the recommendation came from a referral municipality. Notwithstanding the above, nothing in this agreement shall require the County to approve or deny any application or petition as a result of this agreement. Furthermore, the existence of this agreement shall not entitle any other entity to additional rights or review powers nor shall the existence of any other intergovernmental agreement now in existence or agreed upon in the future entitle Brush Creek to any additional powers. b. The County agrees with the current City of Aspen Annexation Plan adopted in the City of Aspen's Resolution No. 96-34. The County further agrees to pass a resolution stating that the Board of County Commissioners is of the opinion that annexation to the City of Aspen of the Aspen Mass property or other property outside of the annexation areas identified in the Annexation Plan is inappropriate. Accordingly, the County agrees that while it maintains an ownership interest in Aspen Mass, it will not agree to the annexation of such property into the City of Aspen for a period of twenty-five years from the date of this IGA and further agrees to include a covenant in any deed for such property providing that the grantee shall not agree to annexation of such property into the City of Aspen for a period of twenty-five years from the date of this IGA. Prior to the expiration of any covenant, the parties shall discuss the advisability of extending the duration of such covenant. C. The parties acknowledge that the discussions as of the date of this Agreement regarding the potential future development of the Aspen Mass property include the following concepts: (i) minimal commercial or retail uses for transit users, except retail uses that may be a component of a U.S. Forest Service facility, (ii) the clustering of any residential units near any transit center that may be built, and (iii) the dedication of the remaining portions of the property to open space in the form of a conservation easement. It is contemplated that a portion of the Aspen Mass property may be exchanged to the U.S. Forest Service. In addition, the discussions and thoughts expressed at a joint meeting with the City of Aspen City Council and the parties considered the further study of the possible development of 120 residential units in multi -unit structures clustered in a reasonably confined area of the property near the transit center with the remainder being dedicated to open space. Nothing herein shall be interpreted as a commitment on the part of the County for a particular intensity, type or quality of use of the Aspen Mass Property. d. In connection with the development of the housing described in subparagraph c., Brush Creek agrees to use reasonable efforts to secure a source of supply of municipal water from the Snowmass Water and Sanitation District for the such housing and the facility described herein. However, it is understood that the current board of directors of the Snowmass Water and Sanitation District has previously advised Brush Creek that it will not provide additional water to Brush Creek to service any additional structures outside of Brush Creek's current district boundaries. 000042 5 11111111111111111111111 IIIII 11111111111 III IIIII (ill Iltl 439003 01/18/2000 01:15P RESOLUTI OAVIS SILVI 7 of 12 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO 7. Participation in Meetings. Brush Creek shall have a right to participate in any meeting that the County has with the Town of Snowmass Village or the City of Aspen or both regarding any property or land use involving the geographic area defined on the attached map with the exception of executive sessions. Such participation shall be on an equal basis as the other governmental entities and shall include the right to have (a) equal standing and position at the particular meeting, (b) an equal voice during the meeting, ( c ) equal influence in the ultimate decision, and (d) equal weight given to its recommendations as the other governmental entities; provided that it is understood that the County retains its land use decision making authority for those matters that are within the County's jurisdiction and will consider the input of the Town of Snowmass Village, City of Aspen, and Brush Creek equally. The County shall advise Brush Creek in writing at the address set forth above the time and agenda for any such meeting. Nothing contained in this IGA shall confer the power to vote or veto on the part of Brush Creek an action or issue before the County. 8. Zoning Enforcement. Upon the receipt of a complaint from Brush Creek or any landowner within Brush Creek regarding a potential zoning or land use violation within Brush Creek, the County shall investigate the complaint and enforce the zoning laws with respect to any violations. Brush Creek agrees to provide assistance as requested by the County. 9. Implementation. The County shall promptly pass any ordinances, regulations, amendments, or modifications necessary to implement the provisions of this IGA. 10. Remedies. In the event of a default by the County hereunder, Brush Creek shall have the right to specific performance of the County's obligation hereunder and such other available and appropriate remedy in law or equity. 11. Superseding Prior Agreements. The parties agree to execute the attached Road Maintenance Contract, which, in conjunction with this IGA, shall supersede any and all prior agreements between the parties (or entities related to the parties) concerning operation, construction and maintenance of roads in Brush Creek. In the event of any conflict between the provisions of this IGA and the Road Maintenance Contract, this IGA shall control. 12. Representation of Authority. Each party has full power and authority to execute, deliver and perform this IGA, and each of them has taken all necessary steps for the execution and delivery of this IGA. In particular, both parties represent and warrant that they have complied with applicable statutory requirements pertaining to the authority of each to enter into and be bound by this IGA. 13. Attorney's Fees. In the event either party is required to take legal action through arbitration or the courts to enforce its rights under this Agreement, the prevailing party shall be entitled to recover its reasonable attorney's fees and costs, including expert witness fees, if any. 000043 0 111111111111 HIM 1111111111111111111111111111111111111111 439083 01/19/2000 61:18P RESOLUTI DRVIS SILVI 8 of 12 R 0.00 0 0.00 N 0.00 PITKIN CtL4M CO 14. Successors and Transferees. This Agreement shall be binding upon and inure to the benefit of each of the parties' successors, assigns, heirs, and transferees. 15. No Construction Against Drafter. Each party has cooperated in the drafting and preparation of this Agreement. Hence, in any construction to be made of this Agreement, the same shall not be construed against any party. 16. Counterparts. This Agreement may be executed in counterparts and shall be fully effective when executed by all parties. 17. Arbitration/Costs of Enforcement. The parties agree to arbitrate in Denver, Colorado, pursuant to AAA rules, any dispute which they cannot resolve through negotiation which arises under this IGA, with each party to pay one-half of the common arbitration costs. All costs and expenses incurred by a party (including but not limited to attorneys' fees) in any actions to enforce any claim under this Agreement shall be paid by the party who does not prevail as to such claim. 18. Necessary and Further Documents. The parties agree to execute all such further and additional documents as shall be reasonable, convenient, necessary or desirable to carry out the provisions of this Agreement. 19. Severability. If any provision or part of this Agreement is held invalid, or unenforceable for any reason, the remainder of this Agreement shall nonetheless remain in full force and effect. Representations and warranties of the parties shall survive the payment made pursuant to the Agreement. BOARD OF COUNTY COMMISSIONERS, PITKIN COUNTY, COLORADO B. Its: 'rm GG Date: /;/gy BRUSH CREEK METROPOLITAN DISTRICT B- p Its: Dater ASPEN:0020355.18 111111111111111111111111111111111111111111111111111111 IN IN 430003 01/10/2000 01:10P RESOLUTI DAVIS SILVI 9 of 12 R 0.00 0 0.00 N 0.00 PITKIN COUNTY CD AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO PROHIBITING ON STREET PARKING WITHIN BRUSH CREEK VILLAGE AND PROVISIONS FOR PENALTIES FOR VIOLATION OF THIS ORDINANCE ORDINANCE #97 - RECITALS 1. The county roads within Brush Creek Village are of a restricted width. For the most part these county roads are no more than 30 feet wide. 2. The parking of vehicles on county roads within Brush Creek Village presents a hazard to pedestrians and motorists utilizing these county roads. 3. This hazard is present year round when parked vehicles constrain the flow of traffic on the county roads within Brush Creek Village. This problem is particularly exasperated in the winter months with the accumulation of plowed snow on the shoulder of these roads and the interference with plowing operations that parked vehicles present. 4. Prohibition of parking is necessary immediately for the preservation of public health and safety in order to avoid traffic accidents on the Brush Creek Roads. 5. At the request of the Brush Creek Metropolitan District, and in response to the District's concerns, the Board of County Commissioners is willing to enact this ordinance. NOW THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of Pitkin County, Colorado, it shall be prohibited to park motor vehicles upon the roads within the Brush Creek Village at any time. 1. Motor vehicles as referred to by this ordinance shall be those defined by Colorado Statute. 2. This ordinance is enacted pursuant to the county's police power as established in Title 30 Articles 15 and 35, and Title 42 of Colorado Revised Statutes. 3. Appropriate signage concerning this ordinance shall be posted along the affected roads in Brush Creek Village. The specific county roads to which this ordinance is applicable are the following: Medicine Bow Road Juniper Hill Road Sagebrush Road Turtle Cove Daniel Drive Red Tail Lane Tabula Rasa Lane Upper Ranch Road I Illlll �llll Illlll Iflll IIIiI 1'I" Illl�l III III�II III NII 438003 01/1!/2000 01:1BP RESOLUTI ORVIS SILVI 000045 10 of 12 R 0.00 P 0.00 N 0.00 PITKIN COUNTT CO 5. The penalty for violation of this ordinance shall be a class 2 petty offense, punishable by a fine of $100.00 per violation. The penalty assessment provisions of 16-2- 201, C.R.S. shall be followed. The penalty assessment shall also include a surcharge of $10.00 required by C.R.S. Section 30-15-402(2). 6. Violation of this parking restriction shall be subject to immediate towing by any licensed towing service doing business within Pitkin County. 7. This ordinance is necessary for the immediate preservation of the public health and safety, and shall take effect immediately upon adoption after second reading, pursuant to C.R.S. 30-15-405. INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON THE 8th DAY OF JANUARY, 1997. NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION OF THE ASPEN TIMES ON 28TH DAY OF DECEMBER 1996. APPROVED UPON SECOND READING AND PUBLIC HEARING ON THE 14DAY OF JANUARY, 1997. PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE ASPEN TIMES ON THE 25th DAY OF JANUARY, 1997. ATTEST: 14A,AJ 6Jones -� �De u y Clerk APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUN3V-,)COLORAD0 r Chairman�� p 2 Date: J �T1 d ' De orah Quinr T nne Konchan Assistant County Attorney e County Manager Word/Wkc.ord 000046 439503 01/10/2000 al -15p RESMUTI DAVIS SILVI 11 of 12 R 0.00 D 0,00 N 0.00 PITKIN COUNTY CO v 0 .<-q r_..... n�raws++as...aw'v<+esu:c..w,'n•.--:.or.ue��-s..az na:n��!wsacawi�tv�rs.,c. w._a'Ytvti :•� RECORDED AT 4:21 P.M. 30 NOVEMBER, 1981 LORETTA BANNER, RECORDER _t S>AL. 2',:<A17: ARA 237430 ABSOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, CREATING AND'!'ORGANIZING THE PITKIN COUNTY BRUSH CREEK VILLAGE GENERAL IMPROVEMENT DISTIRCT PURSUANT TO C.R.S. 1973, SECTION 30-20-501 ET SEQ. Resolution No. 81- 100 WHEREAS, a petition for the organization of the Pitkin County Brush Creek Village General Improvement District was filed on September 1, 1981, in the office of the Pitkin County Clerk and Recorder, and WHEREAS, the petition is signed by at least a majority of the electors of the proposed District who own taxable real or personal property within the proposed District; and WHEREAS, the expenses connected with these proceedings being minimal, the Board has waived any requirement for the filing of a bond to pay expenses in case the organization of the District was not affected; and WHEREAS, on the fourteenth day Of September, 1981, the Board of County Commissioners of Pitkin County, Colorado, set and authorized notice of a hearing on the petition for the organizationofthe District, the date of said hearing being the thirteenth day of October, 1981; and WHEREAS, the County Clerk caused notice by publication to be made of the pendency of the petition, of the purposes and boundaries of the proposed District and of the time and place of hearing thereon, such notice having been published once a week in four (4) consecutive weekly editions of The Aspen Times, a newspaper of general circulation in the proposed District; and W WHEREAS, the County Clerk also caused a copy of the notice of the hearing and/or continued hearing to be mailed to each elector of the District at his or her last known address, as disclosed by the tax records of the County and the last official voter registraion lists of Pitkin County, Colorado; and WHEREAS, on the thirteenth day of October, 1961, the Board of County Commissioners of Pitkin County, Colorado, met at the Pitkin County Courthouse in Aspen, Colorado, at the hour of 1:30 P.M. for the purpose of holding a hearing on the petition for the organization of the District; and WHEREAS, the public hearing (and continued hearing) were held and persons were heard on the proposal to create the District; and i 000049 - 1 - 1 �►� 2tt3t!?�+�s�1 "'�VA�r-,•r�x':tr.!o'x.wa�=.<r:�. ^; ;R+'.a].nr ..e +ice':... 7:1 .;•,':.d3•.iVJ N`�GPi:<.r 7.f- u:!iJ:iti'fi.'A :r :i.';.0 mo,417 P. 965 y WHEREAS, the Board has found that the genuineness of the signatures and the allegations of the petitions are true and that it has jurisdiction in the premises; and WHEREAS, the Board has further found that the proposed improvements in the District will confer a general benefit on the District and that the "t cost of such improvements would not be excessive as compared with the value of the property within the District; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF PITRIN COUNTY, COLORADO: -'c Section 1. It is hereby determined and declared that the petitions - for organization of the Pitkin County Brush Creek Village General Improvement District have been duly and properly signed by not less than a majority of the electors of the District who own taxable real or personal property in the proposed District. Section 2. It is further hereby determined and declared that the petition complies fully with all the applicable requirements of Title 30, Article 20, Part 5, Colorado Revised Statutes 1973, as amended, that the allegations thereof are true and that nothing prevents the adoption of a resolution creating the District at this time. Section 3. The Pitkin County Brush Creek Village General Improvement District is hereby duly created and organized. Section 4. The corporate name of the District shall be Pitkin County Brush Creek Village General Improvement District in Pitkin County, Colorado, by which name in all proceedings it shall hereafter be known; and the District shall be a public or quasi -municipal subdivision of the State of Colorado and a body corporate with the limited proprietary powers set forth in Title 30, Article 20, Part 5, Colorado Revised Statutes 1973, as amended. Section 5. The purposes of the district are to provide for the construction and installation of all roads within the District, to include necessary improvement of road cuts by landscaping and stabilization, where required, and grading; to provide necessary and adequate drainage to the District; and to provide necessary speed controls, as required, for traffic control of said roads. Said - improvements to be provided at one time or from time to time as the roads of the District may require. Section 6. The estimated cost of the proposed improvements is - Five Hundred Ninety Seven Thousand Seven Hundred and Fifty (597,750,000.00) Dollars. bleW000049 -2- e 4 »..: %�ll.Y. a%�f,.3Y! 11.�AYiiFf4f i.,'�`.tY�iY4iMLll �i'N •.l�'l�ftiY����t ). ..+rte._-.'v♦a . ia• _ f.:.-3',R"^7.i 6.- e � so..417 cu(966 r' Section 7. The area to be included within the District is the following described property lying within Pitkin County, Colorado: Brush Creek Village, Filing No. 1, and Brush Creek Village, Filing No. 2, as more fully described in Plat Book 3 at pages 62 and 96 of the records of the Pitkin County Clerk and Recorder; EXCLUDING Brush Creek Village, Filing No. 1, Lots 1, 2, 3, 4, 5 and 6, Block 1, and Lots 2, 3, 4, 5 and 6, Block 2. Section 8. Within thirty (30) days after the date of the final adoption of this Resolution, the Clerk of the Board shall submit to the County Clerk and Recorder of Pitkin County, Colorado, and to the County Assessor of Pitkin County copies of this Resolution to be filed in those offices. Section 9. I£ any one or more sections or parts of this Resolution shall be adjudged and unenforceable to invalid, such judgment shall not affect, impair or invalidate the remaining provisions hereof, it being the intention that the various provisions of this Resolution are and shall be severable. Section 10. All resolutions or parts thereof in conflict with the provisions hereof be and the same are hereby repealed. Section 11. This Resolution, immediately upon its passage, shall be recorded in the Book of Resolutions of the County kept for that purpose and shall be authenticated by the signature of the Chairman -of the Board of County Commissioners and the County Clerk and Recorder. Approved by the Board of County Commissioners of Pitkin County, Colorado, at its meeting heldthis.'.9TR day of NOVEMBER , 1981. E' m Lewis canan Deputy Clerk and Recorder APPROVED AS TO POEM: M; l� i �. San ra M. Muller County Attorney rs .s 000050 -3- a BOARD OF COUNTY COMMISSIONERS PITRIN COUNTY, COLO77RAD�O Chairman a "M OPWOPZ)'A NnOO NIAIld AVM 8tl ()S L6 48M! "I 30N30ISMJ AJOOMJO I Rio 4 000051 al Zt 04 L,jj 04 04 04 W (.) I NEWDECK ABOVE CDU ENTRY CDU BEDRM. #1 NEW OPENING INEXISTWALL 1- CAR GARAGE NEWOECK ABOVE - YARD NEW CDU COU KITCHEN W LOWER LEVEL PLAN 12-02-14 0 5 10 000052 PARKING COVERED PATIO BEDRM. #4 (CONNECTED TO MAIN RESIDENCE) 4 PARCEL 1D# 264328203001 a7CHEN P TRY DINING m. BED/I ✓ aM.BATH 10'-810 UPPER LEVEL PLAN 12-02-14 0 5 10 000053 DECK c— BEDRM. #3 CLST ENTRY PARCEL ID# 264328203001 I' SIL 000054 9 O W co U a .N 0 m [.n mom 000055 M W �0 lir ow Cc "oo "LL u�? 000056 W 0 Q �a z0 LU ~3 Wz N 0 0 I I I Q ILU t I '11 1 I I I j i i S / / B t W foo z W L I I I i I i � e' 1 I W I II I N 0 0 W O 000057 z 0 W 1W r r� r W U Z W W cc (D W Q) 88 W R DECK 1,392.00 sq ft LIVING F:5. NEW BEDRM, ADDI110N 825.00 sq ft AREA CALCULATIONS UPPER LEVEL PLAN 12-02-14 0 5 10 000059 PATIO ENTRY PARCEL ID# 264328203001 -Mach IIEPWORTH-PAWLAK GEOTECHNICAL October 25, 2013 II , I, LL.I \I � 11a LI il. lin. ' ,.r i-; i.i .... ), do_ u,oi Hk,i, 70 -Ili Peter Gregory 91 Solar Way Aspen, Colorado 81611 Peterr&,greeory. net.au Job No. 11341 ] A Subject: Observation of Existing Slopes, Proposed Addition, Lot 10, Block 3, Brush Creek Village, 91 Solar Way, Pitkin County, Colorado Dear Mr. Gregory: As requested, a representative of Hepworth-Pawlak Geotechnical, Inc. observed the conditions at the subject site on October 24, 2013 to evaluate the stability of the existing slopes. The services were performed in accordance with our agreement for professional engineering services to you, dated October 24, 2013. Proposed Improvements: The proposed addition will be on the north and west sides of the existing house. The project will also include extending the driveway about 20 feet and widening the driveway about 6 feet and building a retaining wall on the uphill side of the driveway. Observations: The main topographic feature on this site is a broad east -west trending ridge with the existing house located on the top of the ridge. The ridge side slopes approach 40% down to the south and north. Shallow erosional gullies were observed on the ridge side slopes. Scattered sandstone rock fragments were observed on the ground surface. A gully located about 100 feet west of the house showed relatively shallow, dark gray claystone bedrock of the Mancos Shale Formation. The deep road cut for Solar Way, south of the house, also showed gray shale of the Mancos. In general, the subsoils observed in the exposures consisted of brown sandy clay colluvium overlying gray shale bedrock. The vegetation at the site consists mostly of native sagebrush and scattered oak brush. There are landscape trees uphill of the house and a small grass lawn area on the south side of the house. There are steep cut areas to the north of the house, including a 5 foot high, cut slope near the northwest corner of the house and a 10 foot high cut slope on the uphill side of the existing driveway, and a fill slope on the downhill side of the lawn area. Conclusions: We observed no evidence of slope instability such as ground cracks, slumps, water seepage or distressed vegetation. The "1984 slide zone" identified by Nick Lampiris is located about 2,500 feet to the northwest and in no way impacts this site. The existing steep cuts will be retained and mitigated by the proposed addition and new retaining wall. Based on our knowledge of the area and our experience with construction Parlcci �t';-,ti l-1119 Cnlonldo�hrirws 719-633-ii62 • tiilverth(�rnc 970-468-11) 000060 PARCEL ID# 264328203001 Peter Gregory October 25, 2013 Page 2 in Brush Creek Village, the existing natural slopes are stable and the new construction will not adversely impact the existing stable slopes on this or adjoining properties. A subsoil study should be conducted for the foundation and grading design of the proposed improvements. The recommendations submitted in this letter are based on our observation of the existing site conditions and our experience with similar projects in this area. Variations in the subsurface conditions below the site could change the recommendations contained in this letter. If you have any questions or need further assistance, please call our office. Sincerely, HEPWORTH — PAWLAK GEOTCHNICAL, INC. Daniel E. Hardin, P.E. - �0/7o6 3 Rev. by: SLP 6- DEH/ksw Job No. 113 411 A 000061 Gtech SEPTIC. From: Roger Neal Sent: Friday, January 16, 2015 12:18 PM To: 'Peter Gregory' Subject: RE: OWTS Peter, On the latest drawing I added additional information on what you are thinking is 5 new fields. Those are actually only trenches, so we are anticipating 5 new trenches that make up the one field. These are just excavated trenches about 2.5' deep that contain the infiltrator units. Roger Neal Roger D. Neal, P.E. Principal High Country Engineering, Inc. 1517 Blake Avenue, Suite 100 Glenwood Springs, CO 81601 Phone: 970-945-8676 Fax: 970-945-2555 PARCEL ID # 264328203001 From: Roger Neal [mailto:rnealka hceng com) Sent: Thursday, 29 January 2015 11:19 AM To: Peter Gregory (petergyrepory.net.au) Subject: FW: OWTS Peter, The January 16, email was describing that I was showing 5 trenches. These are infiltrator trenches and not gravel beds. What is shown is just a rough estimate of what might be typical. I just wanted to be somewhat conservative until we have some real data. This drawing was basically to show that there is ample area for a system, until you can get out and test the soils to see what they are. Hopefully they will accept this, showing where we would add a tank and field. Roger Neal Roger D. Neal, P.E. Principal High Country Engineering, Inc. 1517 Blake Avenue, Suite 100 Glenwood Springs, CO 81601 Phone: 970-945-8676 Fax: 970-945-2555 PARCEL ID # 264328203001 000063 / \ P.O. BOX 1031 \ 227 Longtrom In LI ALL OL4)URSfOAREA3 TO BiSREPIAN O / � N1INNATNE3P/fCE3 / \\ 1/ PROTECT ACC EX/3RNG IRfE9 / / \\\� \\ UPGPAOE fXMT/NG SMOb[OER \ ` / / \\ \p. �\\\ TOALCONOWTEfIRE TRULKALLE59 \ ` / \ �'\\ \ RNGASPNALT yEF1fY�iG9TlONG,f IX13JMG lF IL'N F/FLQANOL SIN RFLAT/ONSM/OTO / / \-\ \� �'\ EXPANDED a!(WLOER NRFMETRUCKACCF53 / N9pTAW fXIaRNGORAWAGE \ \ REFFR TO HpH\WNR?YENGWEdUMGOR4WING LLIE STMCONIDOR 4 NEWGRIOMG \ / REO£VELOPORNEnAYFOF v f/RETRUCKACCESS \ \ \ WALL STEPSOOWN \ `, L MMSLDP IW 1 I \ NEW RfTAININGWALLBY, � � / � \ \ \ STONE STRONG SYSTEMS• X10 IXrsr. curatoPE -—` NT ��7s co \ IXLSTWGTREE9 / •T I I \ \ \ `` O OPH.�9• \ \ � } LO \ ACRwIYEMVELOPE W \ \ , W y O \ LANOSWf \ \ FXMilNEW3LOPE \ \ � Q�Q \ NEWOEC \ \ Q1 O Z s" \ \ \ Nfwucnr us ' O d ♦/ ANDW/N W3 \ \ \ ESvw \ / FE3/OENC AL \ V NE MM.A3 M RWTYENYFLOP£ 'O \ 1 PoRROP m f ST RETAYSTEN / \WW L I \ R£f£FrOTOOESLONNFWEE 1 1 1 \ NEWElpfiVpfl - �NEW"CK NIGN COUNtFYENOINEER/NO / ■ STA/RSFSTEN I / "ar EOOE OF \ .WNR-A/NUO"R SrORMWAIER GRA/NAGE mn�rFArpN rARG I V \ ACRNIr ENVELOPE NEWEOGEOF I I / \ _ �- EXNRNG CONTOUR I NEWGMO/NO \ \ M4WTAW EX191lNO / i I OR9N41GE 4 E TPAL GLOP£ / / -MARCH 25, 2013 SITE PLAN 10 10 5 0 PARCEL ID# 264328203001 A 0.1 Ml fouW ReY✓ VMutt IpY MONUMENTED LAND AND IMPROVEMENT SURVEY E.p. 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SAT PNi 621 2SI,S VryR WCEPrIpx p IS,; iQ a, VRN M .V%I4T Wx] mI'. R INCY L4E M V,LS1Ea lII W0YIw1 ]5-89 NC rK AS N1p WwwFn p Bw4 ye, pNFS 2]S-2]] . %WT II[I .. W IW3p IF mWSY 6 PIIRM. STPTC M C0.wRK $yn AKf T 1.V0. @IrA1pW E9]6 PCRFS, WRF W LCSS YI�r ,➢WCSS SWVMML�VRLNiE. Ca 21615 Fc—I 0W. V/PWNc u . Pls min tago' vlM..s ceae,. GRAPHIC SCALE l arml N -w rt • Nlcefu 1L ] RMe. V/%9. Sk Cop, RS Xn 2]61] ]o b Sat Cmtov In9lYN V-. CMm,bn Ar eYerce I/W'aMI1K ti NN 4kWL�> •rnn pa.Nen. er .w.ho, wa.-,r rou Maey_.. � e.wN wu apps 11e. n...el9x. an Mvwe a..+..a ra CIRV 4WIU lFMfi]X MMG RYLA 1 11' SL'M'Y'V ] ,z5m' ,' n,.vr• u➢zr z vTZT'E wvwE• 000066 1 1 ]1a I 1 1 WIIN er 'R S'L 1 ux.IPRa• Ism s"�. 1 I I 1 I '1 LOT 7 O, BLOCK 3 1 2.930 ewe• 1 I 1 I 1 I 1 1 1 I 1 1 feria ReOv V?lu,k 4p. RS W L]>6 y f� ;Xdd11 � .fes mfr /�� NEpi�va9l Sdu rcrrc. VmY E.ane Cm R' Sm f ]t IS -- a 1 bpi L�� Voik VLLM(LL Medicine Bow Road GTryv,llp Ibetl L¢e,Sn to A / L�I.eoe_ IS[ to 2599]. �J .iru.z AF to „99Y EYc IYbr apiaw./1 iwY 4W VRWtic� Cp. RS Ka P916 i zwlw v xaAme. rm ric rosrn swvn n.onarmv wwa®ry iunn rlevs aun® onra w nnz� rrdcn a NPFA® Icer m ili [6'ffiiRC Nm neucnr>D+s � rMr usorHr NiSOOIr hs 6r .h4E2 OI)fii3. SNMrrm .IIRR . rFSfII1L CN1 COAIFiFIl S N fla . 6 EOm11Ei®Ll LCI iWN IOT di, tOfK rNM GPIQrY VIlL Z MCl IYA 6LL1LN2 4 IGIN 111Wy. N'boVa W wM0 .Itl atl. Mount u M OwM.i�eMeV.e V W V rWR 6gdM1 M IIY.) Fi.LLip Traw11N Rw/ Whu Iec.Y mi LOT 10, BLOCK S 2.9.36 aC feN Mho VMeM fw.r1 R.lu' V/IIULe IW R6 NI OJI 1 212 R6 Ib. P3i6 N Ca� fiouu,�tl Mho V/Rutic - a!r'NbNE .: ..• ;..i I_� Z W o�1e 1 w �ipLL {� ui zu 7Q a . L• ' ' Medicine BQWI?oad A.. 000067 >o•a� feN Mho VMeM fw.r1 R.lu' V/IIULe IW R6 NI OJI 1 212 R6 Ib. P3i6 N Ca� ' ;..i Z W o�1e 6mo8 w �ipLL {� ui zu 7Q a BMW IV. RS Mo. >i o U r.l -Solar Way Ii.r as Mp rn 0 ¢}0 -`.- ° 0 R3WmZ°t a } vg W 1LL 3 Q A —EC NO. 2261902.00 // Landscope America Map of Protected areas 91 Solarway Sol way is rd hthe protected area of the ff% ,40MLandScope America Produced by LandScope Annedca Fpr 9, 2014 at 8:48 AM wew.landscopeArg Protected Areas National Conservation Easement Database N Mimi Cw m Woa Easement naW,. PCED) is ars Mahm o/65e U.S. EMow d/orFomso and Owsuaities. SepimbK 1013. ■ Federal ■ Local Government ■ NativeArnedcan ■ No"ovemmentalOrganization ■ Private Regional Agency ■ State ■ Unknown Landowner Protected Areas Database of the US US Geokaiwl Sumy. Gap Aaalyrs Pmgraa (GAP). Mo*vhd 2011. PmtmWAeaslAGbweolrhe LMW Stales FADUS), *aw 1.3Fee. Federal ■ Protected natural areas ■ Protected multiple use areas Native AmedcanfCorpora0on ■ Protected natural areas State and Temtodal ■ Protected natural areas Protected multiple use areas Regional Protected natural areas Protected multiple use areas Local ■ Protected natural areas Protected multiple use areas Non -Governmental Organization ■ Protected natural areas ■ Protected multiple use areas Private ■ Protected natural areas ■ Protected multiple use areas JointPadnership ■ Protected natural areas ■ Protected multiple use areas Unlmown ■ Protected natural areas Brush Creek Metropolitan District 500 Juniper Hill Road, Aspen, CO 81611 970-925-5195 TO: Environmental Health Department FROM: Kevin McClure, Manager Brush Creek Metropolitan District DATE: February 27, 2015 RE: Water Service - Brush Creek Metropolitan District This is to confirm that the Brush Creek Metropolitan District will supply water to the property located at 91 Solar Way, Brush Creek Village Subdivision, Aspen, Pitkin County, Colorado. If you have any questions, please call me at 970-379-9088, or my email address is kvnmcclure(avgmail.com. PID# 264328203001 000069 313.. 5nowamwAsp® As wilt lilt �� /"-' — \V o \ �C�I e�►-\ f A �2ev� \ G� wl� � �4�^^ � c� 5 � �—�L Yom' , ,c k.e,,- �- - � — � z� �c�� � LJ� Q.,..� P�I�e��o� —�. ..� � of c�,.��d1.�s � �J �� L no MISCELLANEOUS DOCUMENTS PUBLIC NOTICE NOTICE IS HEREBY GIVEN to the general public that on January 26, 2016, the Pitkin County Community Development Director granted approval for the Gregory Activity Envelope, Site Plan Review, and Special Review for a Caretaker Dwelling Unit (Case P028- 15; Deter. #006-2016). The property is located at 91 Solar Way and is legally described as Lot 10, Block 3, Brush Creek Village Subdivision. The State Parcel Identification Number for the property is 2643-282-03-001. This site-specific development plan grants a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes. S/Cindy Houben Community Development Director Pitkin County, Colorado Published in the Aspen Times Weekly on FEBRUARY 11, 2016. PUBLIC NOTICE RE: Gregory Activity Envelope, Site Plan Review, and Special Review for a Caretaker Dwelling Unit (Case P028-15) NOTICE IS HEREBY GIVEN that an application has been submitted by Peter Gregory (42 Hillcrest Avenue, New South Wales, Australia) requesting approval for an Activity Envelope and Site Plan and Special Review for construction of an addition to an existing single family residence and for construction of a Caretaker Dwelling Unit. The property is located at 91 Solar Way and is legally described as Lot 10, Block 3, Brush Creek Village Subdivision. The State Parcel Identification Number for the property is 2643- 282-03-001. The application is available for public inspection in the Pitkin County Community Development Department, City Hall, 130 S. Galena St., Aspen, CO 81611. Comments or objections are due by June 1, 2015. For further information, contact Mike Kraemer at (970) 920-5482. Published in the Aspen Times Weekly on April 30, 2015. Attention All Property Owners within 300' of the subject property A property owner receiving this public notice who wishes to submit comments or an objection shall submit those to the Pitkin County Community Development, 130 South Galena Street, Aspen, Colorado 81611, by June 1, 2015. If any objections to the development application are received the Community Development Department shall continue the application to a public hearing before the Hearing Officer. http://pitkincounty.com/DocumentCenterNiew/3702 County of Pitkin } AFFIDAVIT OF NOTICE & } SS. MAILING PURSUANT TO State of Colorado } PITKIN COUNTY LAND USE CODE SECTION 2-20-100 I,_Brad Larson, Larson Design & Associates Inc. , being or representing an Applicant to the Pitkin County Development Department, personally certify that I have complied with the public notice requirements pursuant to Section 2-20-100 of the Pitkin County Land Use Regulations in the following manner: By mailing of notice, a copy of which is attached hereto, by first-class, postage prepaid U.S. Mail at least 30 days prior to the public comment deadline to all owners of property within 300' of the subject property, as indicated on the attached list, on � 201_ (which is 30 days prior to the deadline of � 201 . The names and addresses of the adjacent property owners shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the public comment. 2. By posting a sign in a cons icuous lace on the subject property (as it could be seen from the nearest public way) on the 201, which is at least fifteen (15) days prior to the public comment deadline. A photograph of the posted sign is attached hereto. _Peter Gregory_ Applicant's name (Attach photograph here) �d�?off-':rrV a i Signed before me this 29 day of I 201Sby WITNESS MY HAND AND OFFICIAL SEAL My commi Ston expires: Notary Public Notary Public's Signature c N � � '.Si� //4 4'r .i i � W � {' i �' GREGORY RESIDENCE EASTELEVATION W W ' 4 elm LE p; a., j�f. ��t•" '. i � �?�2" AS PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX4 (970) 920-5439 April 16, 2015 Brad Larson 42 Hillcrest Avenue Mona Vale NSW, Australia Brad.LDA@comcast.net Re: Gregory Activity Envelope, Site Plan Review, and Special Review for a Caretaker Dwelling Unit (PID #2643-282-03-001; Case # P028-15) Dear Mr. Larson: The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. After a more detailed review of the submittal information, additional information specific to the application may be requested in order to adequately review and process the application. The planner in charge of the review will request the information from you directly. Please note that it is your responsibility to mail notice by U.S. Mail to all property owners within 300' of the subject property with the return address of the Community Development Department (copy of notice will be mailed to you by the Community Development Department) by April 30, 2015. The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the mailing. Please submit the enclosed Affidavit of Notice by Mailing and a photograph of the posted sign as proof of compliance with the Code. A property owner receiving the public notice who wishes to submit comments or objections to the Community Development by the I" day of May, 2015. If any objections to the development application are received by this date, the Community Development Department shall continue the application to a public hearing before the Board of County Commissioners. 2 . By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) on the 15`h day of May, 2015, which is at least fifteen (15) days prior to May 30, 2015. This must be submitted prior to any approvals being granted. If you have questions, please call Mike Kraemer, the planner assigned to your case, at 920-5482. Sincerely, Bonnie Shiles Administrative Assistant Encl: Affidavit Code Section 2-20-100 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 MEMORANDUM To: Brush Creek Metro District Pitkin County Housing FROM: Mike Kraemer, Community Development Department Michael.kraemerA.pitkincounty.com Re: Gregory Activity Envelope, Site Plan Review, and Special Review for a Caretaker Dwelling Unit (PID 2643-282-03-001; Case P028-15) DATE: April 16, 2015 Attached for your review and comments are materials for an application submitted by Peter Gregory. The Pitkin County Community Development Director will review the application. Please return your comments to me by Monday, June 1, 2015. http://pitkincounty.com/DocumentCenterNiew/3702 If you require a paper copy of this application contact Bonnie Shiles at bonnie.shiles@pitkincounty.com or 920-5109. Thank you. Name: Project Address Type: Permit Number 0028.2015. PLAN 0028.2015. PLAN 0028.2015. PLAN PITKIN i,.JUNTY COMMUNITY DEVELt OMENT Permit Receipt RECEIPT NUMBER 00037882 Mountain Top Reality Date:3/27/2015 91 SOLAR WAY check # 1568389 Fee Description PP- Flat Fee PP- Public Notice Fee PP- Housing Referral Fee Amount 4,680.00 54.00 166.00 Total: 4,900.00 YOLO ASPEN LLC JR 91 SOLAR WA:Y BRUSH CR EK VILLA,GE PITKIN COUINTY, CO 81611 LEGAL DESCRIPTION LOT 10, BLOCK 3, BRUSH CREEK VILLAGE FILING NO. 1 ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 3 AT PAGE 521 UNDER RECEPTION NO. 123145 TOGETHER WITH THE APPURTENANT PORTION OF LAN EY LANE AS VACATED BY RESOLUTION 75-89 OF THE PITKIN COUNTY COMMISSIONERS AND RECORDED IN BOOK 310, PAGES 273-277 UNDER RECEPTION NO. 182530 COUNTY OF PITKIN, STATE OF COLORADO SAID TRACT OF LAND CONTAINING 2.936 ACRES, MORE OR LESS. SIGN&RATmURE BLOCK COMMUNITY DEVELOPMENT DIRECTOR APPROVAL This 49 #<S UIC-Activity Envelope S flan is hereby o approved this .®- day ofUMV2019 subj o terms and ; v conditions of Administr �ive Decis on No. oa - am, recorded as Reception No.oo a M c� 61 (0 C unity Developi4d DirectorLOC (Qg" w a 4ao 3 CLERK & RECORDER ACCEPTANCE ) N � � ij Q H This #tom ��� GGActi qty nvelo Sits h 000 >° in ffico 1 W ant. �.II..€. `'``�' Vi°0� Ilk} W ~ Plat Book��Oa��?%-ecepaontM rL a J�,-: a • C&yXA,-/ Clerk and Recorder/Deputy 67- OWNER' S ACKNOWLEDGEMENT AND DISCLAIMER s Applicant acknowledges that he/she has been informed by Pitkin' ®.°• County of the existence of environmental hazard areas that might's ` affect the property, any improvements, and the use and occupancy thereof. The provisions of the Pitkin County Regulations do not in any way assure or imply that areas outside of designated hazard areas will be free from hazards, or that approve,.d mitigation measures will guarantee safety of any property. Owner,9;%' - �f VICINITY MAP. F O's5 82 UPPER Z; 92a �f\ Ar s IF S PROPERTV EM C ol ` A MED�G gN �D ol .41 ol / Oh / i °O � 1 ` MAINTAIN EXISTING - V a DRAINAGE co, I I j I >/ r I 1 ` i I I LANSGAIPEXISYIN i ! PAR INGIAR A I I PROPERTY LINE j I I { I I I ,'hn I I NEVV5001GALiBURIED ' 9 SETBACK LINE (P i PRQPAN� TANK EXISTING ASPHALT X \ 1 { I i I I ROAD i I PRmTEEISTING t SEFITICJXANW t 1 \ \, • REMOVE EXISTING 4 \ L \ FE 4CE ENCLf7SU€ WILDLIFE 14 r ` EXISTING ASPHAI ROAD \ \ \ v ♦ v EXISTING SHOULDER RAVEL \ \ \\ \ ` \ ROAD EASEMENT \ \\ \ MAINTAIN EXISTING \ \ \ DRAINAGE SWALE ON SOLAR WAY \ EXIST LEACH FIELD AREA \ o \ \ SEPTIC ACTIVITY ENVELOPE '\ \ A ACTIVITY ENVELOPE \ EXISTING ASPHALT ' ROAD \► \ REDEVELOP DRIVE WAY I+f)k FIRE TRUCK ACCESS — EXIST15" x 75 FT CMP CULVERT PIPE TO REMAIN - T P \ \ I� ♦ \ \ \ \ ACTIVITY ENVELOPE SEE SURVEY \ ♦ ♦ \ ♦ ♦ ♦ ♦ \ ♦ \ �� ♦ goo 1\ 0 \ os > 1 5 ALL \ \ PROPERTY LINE SETBACK LINE -----A \ ♦ ♦ \ ♦ \ \ I PROTECT EXIST SHRUBS f oe .01 NOTES e 1) ALL DISTURBED AREAS TO BE REPLANTED WITH NATIVE SHRUBS AND GRASSES 2) PROTECT ALL EXISTING TREES AND SHRUBS J • "EW MSE RETAINING WALL MAINTAIN EXISTING ' DRAINAGE SWALE ON ' SOLAR WAY 01 i '001�0 s 1 322• NOTE ,© ANY FUTURE DEVELOPMENTNOT SHOWN ON THIS SITE PLAN MAY REQUIRE REVIEW • � AND APPROVAL BY THE PITKIN COUNTY/ ' COMMUNITY DEVELOPMENT DEPARTMENT i � I 1 ' SITE PLAN RECORD\\,.. � SCALE: 1" = 20' 0 5 10 20 PROJECT NORTH PARCEL ID# 26432803001 C"t 4� r 0 PHONE: (970) 927-3333 FAX: (970) 927-2222 W U Z W n COPYRIGHT ISHEET TITLE I SITE PLAN RECORD r W W00 r O J V J Q W Z W Z oC � O C) W Q V CL —r pz U) (f) r.W 1_ a) M CL 0 J 0 W t- W a M -� U O'= ¢18LIU Z 's W U 2J m Z ag UJZZ0 0 WW I Pwa Issue Name Date SITE PLAN RECORD 02/12/19 COPYRIGHT ISHEET TITLE I SITE PLAN RECORD