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Home My WebLink Aboutpitkin.planning.273514202800,273514202001,273514202002,273514202003,273514202004,273514202005,273514202006,273514202007,273514202008,273514202009,273514202010,273514202011,273514202012 (2019)PITKIN COUNTY PLANNING CASELOAD INDEX PARCEL ID:273514202800,2735 CASE NAME:Le Chamonix HOA Residential GMQS Allotment for Additional Floor Area, CASE NO:P003-19 BOCC Reso:049-2019 #657659: 07 PZ:007-2019 #656513;010- ADMIN: PLAT (BK,PG): PROJ ADDR:1501 Maroon Creek Rd ADR:1501 Maroon Creek R FEES DUE:$10,579 FEES RCVD:$10,579 #0004542 REFERRALS:Attorney REF:3/12/2019 BY:bs DUE:4/26/2019 DATE RCVD:1/10/2019 MTG DATE 6/4/2019 PH yes NOTICED 5/2/2019 REMARKS:app to rep & ref 3/12/19 // Covenants #664479 PLAT RECORDED: 4/1/2021 CLOSED:5/8/2020 BY:BS 9/25/2019 yes 8/22/2019 PHN:C/S/Z:Aspen, CO 81611 HRG OFF: 6/26/2019 no yes ADR:215 S Monarch St #10 C/S/Z:Aspen, CO 81611 PHN:970-925-6587 DATE OF FINAL ACTION:6/4/2019 # COPIES:1 VR APPROVAL DATE:6/4/2019 VR EXPIRES:06/04/2022 ADMIN INDEX: HO INDEX: Leslie Lamont REV BODY P&Z BOCC BOCC ALLOCATED HOURS:25 CASE TYP:GMQS Review for Additional Floor A CASE TYP6: CASE TYP5: CASE TYP3:Scenic/Ridgeline Review Site PlanCASE TYP2: CASE TYP7: CASE TYP4: 30% OVER: Date Scanned:5/8/2020 File Location:Laser Fiche BOCC Ord: Planners Email Addr:ghorn@rof.net APP_First:APP_Last:Le Chamonix Condo Applicant is Owner?: OWNER_First1:OWNER_Last1:Le Chamonix Condo HOA OWNER_First2:OWNER_Last2:OWNER_First3:OWNER_Last3: OWNER_First4:OWNER_Last4:OWNER_First5:OWNER_Last5: OWNER_First6:OWNER_Last6:OWNER_First7:OWNER_Last7: OWNER_First8:OWNER_Last8: REPRESENTATIVE_First:Glenn REPRESENTATIVE_Last:Horn VR PUBLICATION DATE:7/4/2019VR Yes/No?: PLAT REQUIRED?: LEGAL DESCRIPTION:Le Chamonix Common Area BOA ACTION: 7/10/2019 noBOCC REFERRALS 2:Maroon Creek Caucus REFERRALS 3:City of Aspen Planning REFERRALS 4:Aspen Fire REFERRALS 5: REFERRALS 6: REFERRALS 7: REFERRALS 8: REFERRALS 9: REFERRALS 10: REFERRALS 11: REFERRALS 12: REFERRALS 13: REFERRALS 14: REFERRALS 15: PLAT BK: 129 PLAT Pg: 092-096 PLAT RECEPTION NUMBER: 675045 Eden Permit Number:0003.2019.plan Special Event Start Date: Special Event Stop Date: Covenant Document Type Protective Covenant Other Covenant Contract Doc # Development Guide Covenant Reception # 675044 675046 Covenant Date Recorded 4/1/2021 4/4/2021 6. In 2014, the Le Chamonix complex was rezoned to Residential Multi -Family pursuant to Ordinance No. 030-2012, and received PUD approval. 7. BOCC Resolution No. 068-2014 approved the PUD Guide. The PUD Guide defined a maximum allowable floor area for each unit and stipulated that deck and basement expansions may occur exempt from GMQS, but that any other expansions into habitable residential floor area requires use of TDR's or a GMQS Allotment. 8. In 2015, the property owner of Unit #12 requested and received a GMQS allotment, pursuant to BOCC Resolution No. 081-2015 for 221 square feet to convert a garage into habitable floor area. 9. The Planning and Zoning Commission reviewed the proposal at a regularly scheduled meeting on June 4, 2019. The Commission voted 5-0 to recommend approval to the BOCC. I IIIIII VIII VIII IIID VIII VIII VIII IIII II I III VIII VIII VIII IIIIIII II IIII RECEPTION#: 675042, R: $0.00, D: $0.00 DOC CODE: RESOLUTION Pg 1 of 27, 04/01/2021 at 11:20:17 AM Janice K. Vos Caudill, Pitkin County, CO RECEPTION#: 662087, R: $0.00, D: $0.00 J DOC CODE: RESOLUTION 10:33:14 AM Pg 1 of 6, 01/21/2020 at Janice K. Vos Caudill, Pitkin County, CO RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, APPROVING LE CHAMONIX PLANNED UNIT DEVELOPMENT (PUD) MAJOR AMENDMENT, ACTIVITY ENVELOPE AND SITE PLAN REVIEW BOCC Resolution No,6_1e-2019 Recitals \ 1. Pursuant to Section 2.8.4 (Actions) of the Pitkin County Home Rule Charter ("HRC"), all matters not required to be acted upon by ordinance or formal resolution may be acted upon by informal i, resolution. s s 2. Le Chamonix Association, Inc. collectively units 1 through 12, ("hereafter the Applicant") has applied to the Pitkin County Board of County Commissioners ("BOCC") for a Major Amendment to a Planned Unit Development to amend the Final Plat and the PUD Guide, Activity Envelope and Site Plan V) Review approval. The purpose of the application is to present a cohesive renovation plan for all 12 dwelling units that utilizes GMQS allocations to expand the existing dwelling units and remodel the exterior. v3. fhe Le Chamonix Multi -Family Housing Complex is located at 1501 Maroon Creek Road and is legally described as the Le Chamonix Subdivision Units 1 through 12. Attachment A depicts the units, as they exist today. 4. In 2011, the BOCC approved an Activity Envelope and Site Plan, Resolution No. 043-2011, for a bank restoration project to repair the failing timber retaining wall on the north side of the building. An Expansion/Restoration of a Legal Non -Conforming Structure with Significant Changes was also rapproved because the building is within the 100' road setback of Maroon Creek Road, the 100' .� stream setback of Maroon Creek and the side yard setback for the Lot. 5. A Board of Adjustment variance for encroachments into the 100' Maroon Creek Road Setback and d the side yard setback was approved in 2001 pursuant to BOA Resolution No. 04-2011, Reception No. 579879. 6. In 2014, the Le Chamonix complex was rezoned to Residential Multi -Family pursuant to Ordinance No. 030-2012, and received PUD approval. 7. BOCC Resolution No. 068-2014 approved the PUD Guide. The PUD Guide defined a maximum allowable floor area for each unit and stipulated that deck and basement expansions may occur exempt from GMQS, but that any other expansions into habitable residential floor area requires use of TDR's or a GMQS Allotment. 8. In 2015, the property owner of Unit #12 requested and received a GMQS allotment, pursuant to BOCC Resolution No. 081-2015 for 221 square feet to convert a garage into habitable floor area. 9. The Planning and Zoning Commission reviewed the proposal at a regularly scheduled meeting on June 4, 2019. The Commission voted 5-0 to recommend approval to the BOCC. I IIIIII VIII VIII IIID VIII VIII VIII IIII II I III VIII VIII VIII IIIIIII II IIII RECEPTION#: 675042, R: $0.00, D: $0.00 DOC CODE: RESOLUTION Pg 1 of 27, 04/01/2021 at 11:20:17 AM Janice K. Vos Caudill, Pitkin County, CO RECEPTION#: 675042, 04/01/2021 at 11:20:17 AM, Pgs 2 of 27, Janice K. Vos Caudill, Pitkin County, CO Resolution No. -2019 Page 2 of 6 10. In 2019, the BOCC allocated 6,000 square feet of additional floor area via Resolution No. 049-2019. This approval allows the twelve owners in the complex to expand and/or remodel their units in compliance with the intent and requirements of the rezoning and PUD approvals, and consistent with the overall plan for the building. 11. The BOCC reviewed the application at a duly noticed public hearing, on September 25, 2019, at which time evidence and testimony were presented with respect to the request. 12. The BOCC finds that the proposal is consistent with the intent of the 2014 approvals, which were intended to eliminate the non -conforming status, document existing conditions, and encourage the owners to collecting develop a renovation proposal that is consistent with the PUD Guide. The collaborative process avoids a piece meal approach to the building's upgrade. 13. The BOCC finds that the proposal demonstrates compliance with Major PUD Amendment and Activity Envelope and Site Plan sections of the Land Use Code. The Activity Envelope captures the proposed upgrades and the Site Plan review ensured that the improvements comply with the scenic quality standards given the property's proximity to the scenic corridor, Maroon Creek Road. 14. The BOCC further finds that it is in the best interests of the citizens of Pitkin County to approve this Resolution. NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners that it hereby grant approval for the Le Chamonix PUD Major Amendment and Activity Envelope and Site Plan Review, which shall run with the land and be binding on all successors in interest, and authorizes the Chair to sign the Resolution and upon the satisfaction of the County Attorney as to form, execute any other associated documents necessary to complete this matter.: The Applicant shall adhere to all material representations made in the current or prior applications or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. 2. Prior to submission of any future permit applications, the Applicant shall submit the following documents for review and approval by the County Attorney and Community Development Department and recordation with the Pitkin County Clerk: A. Amended Final Plat in accordance with Section 2.6 of the Land Use Application Manual. B. Revised PUD Guide that documents the Major PUD Amendment approval including the revised Activity Envelope and representations of materials and colors that are approved as part of the review process. C. Activity Envelope and Site Plan in accordance with Land Use Code Section 2-30-20(g) and Application Manual Section 2.1.12. Prior to the recordation of the Amended Final Plan, Revised PUD Guide, and Activity Envelope & Site Plan the Applicant shall: A. Submit the receipt for the cash payment of $15,000 to the Aspen Fire Protection District to help them purchase a training vehicle, and/or a replacement brush truck. RECEPTION#: 675042,04/01/2021 at 11:20:17 AM, Pgs 3 of 27, Janice K. Vos Caudill, Pitkin County, CO Resolution No. M -2019 Page 3 of B. Submit the receipt for the cash payment of $5,000 to the Aspen School District to be used for traffic/vehicle reduction programs. C. Submit the receipt for the cash payment of $8,000 to Aspen Parks and Open Space for improvements to the Maroon Creek recreational single-track in the Maroon Creek gorge and/or project planning for a new trail connection between the round -about and the Aspen Recreation Center. D. Record a trail/fishing easement dedicated to the Pitkin County Open Space and Trails within the Creek extending 10 feet beyond the Creek's high water mark, which amends the previous fishing easement. The draft easement shall be reviewed and preliminarily approved by OST, and then reviewed and accepted by the BOCC prior to recordation. 4. Prior to the issuance of each building permit, where applicable, the Applicant for the building permit shall: A. A ROW and/or access permit is required for this work to occur. B. Submit a drainage and erosion control plan and accompanying drainage report demonstrating that historical flow patterns and runoff amounts will be maintained, and identify specific measures designed to reduce erosion and stream sedimentation. If the development disturbs one acre or more, a Colorado Department of Public Health and Environment permit for stormwater discharges associated with construction activities shall be applied for and obtained prior to issuance of a permit. C. Submit a detailed landscape and revegetation plan for disturbed areas with appropriate native vegetation and seed mixes. The plan shall include a commitment stating that the hillside will continue to be reseeded. D. Submit a tree removal and mitigation plan if any trees with larger than 6" DBH are to be removed. E. Submit a detailed exterior lighting plan with the corresponding fixture cut sheets. Exterior lighting shall comply with the lighting code. F. Submit representation of the exterior indigenous earth tone materials or colors. G. Submit a fireplace/woodstove permit application, if applicable. 5. Prior to a building permit issuance for each dwelling unit, the Applicant shall pay the applicable road and employee housing impact fees. 6. Prior to commencement of any earthmoving or construction activity, where applicable, the Applicant shall stake the area of work, including the pertinent area of the recorded activity envelope and install construction fencing. Work is prohibited to occur on the area steep slopes of the property. If there are any improvements on the rear side of the building all construction access and staging shall be from the front of the building, the Maroon Creek Road side of the property. No development, including utilities, fill placement, berming, landscaping, entry or ranch gates, construction parking and staging, and vegetation removal or disturbance, shall occur outside of the approved activity envelope, except to comply with the required wildfire mitigation or an approved weed management plan. Any new utility lines shall be buried and placed within the approved activity envelope. 8. The Applicant shall comply with the applicable codes and requirements of the Aspen Fire Protection District. RECEPTION#: 675042, 04/01/2021 at 11:20:17 AM, Pgs 4 of 27, Janice K. Vos Caudill, Pitkin County, CO Resolution No. -2019 Page 4 of 6 The Applicant shall comply with the County's Noxious Weed Management Plan. 10. All plants used for landscaping and revegetation shall be native species. Areas disturbed by construction shall be re -vegetated within one growing season of the project's completion. Landscaping shall be completed prior to issuance of the Certificate of Occupancy for the residence. 11. No development in excess of 30" above or below natural grade shall occur within the setbacks of the parcel, with the exception of driveways and associated retaining walls of up to 6' above or below natural grade and fencing. Landscaping in the form of berms within the setbacks shall not exceed four feet from the most restrictive grade. Any development that does not comply with these restrictions and that is located within setbacks mandated by County zoning regulations shall require a variance from the Board of Adjustment. Approval of an activity envelope within such setbacks does not assure approval of a variance. 12. 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. 13. 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. 14. 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 9 — 7, S' , 2022. RECEPTION#: 675042, 04/01/2021 at 11:20:17 AM, Pgs 5 of 27, Janice K. Vos Caudill, Pitkin County, CO Resolution No. 06 -2019 Page 5 of 6 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 22ND DAY OF AUGUST 2019. ADOPTED ON THE 25TH DAY OF SEPTEMBER 2019. PUBLISHED AFTER ADOPTI N FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weekly on the��'day of(�tW&tA , 244-9. �tooAo.• d - ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Je ette Jones / Gr sirian, uty Clerk C r Date: !�� Zfl APPROVED AS TO FORM: APPROVED AS TO CONTENT: �i o Ely, County A PID#'s: 273514202800 Case#: P003-19 Cindy Ruben, U Community Development Director RECEPTION#: 675042, 04/01/2021 at 11:20:17 AM, Pgs 6 of 27, Janice K. Vos Caudill, Pitkin County, CO Resolution No. -2019 Page 6 of 6 Attachment A RECEPTION#: 675042,04/01/2021 at 11:20:17 AM, Pgs 7 of 27, Janice K. Vos Caudill, Pitkin County, CO AMENDED LE CHAMONIX ASSOCIATION INCORPORATED PLANNED UNIT DEVELOPMENT GUIDE I. Purpose On September 25, 2019, the Pitkin County Board of County Commissioners (hereinafter the "Board") approved the Le Chamonix Association Incorporated Amended Planned Unit Development (hereinafter "Le Chamonix Amended PUD") Detailed Submission (Site Specific Development Plan) pursuant to the Pitkin County Land Use Code (hereinafter "Code"). Section 3-70-30 of the Code establishes the Planned Unit Development (hereinafter "PUD") standards which allow variance from the strict adherence to the area and bulk requirements of underlying zone districts within a PUD. This Amended PUD Guide retains all the pertinent information from the 2014 PUD approvals and makes amendments based upon the 2019 approvals for a Major Amendment to a PUD, Activity Envelope and Site Plan, Scenic View Protection and GMQS floor area allotment. The purposes of the Chamonix Guide are to: A. Clearly identify area and bulk requirements approved pursuant to Section 3-70-30 of the Code. B. Clearly identify in one document representations and commitments made by Chamonix (hereinafter "Applicant") and the Board. C. Clearly state and iterate in one document the standards, restrictions and regulations which govern land use development within the Chamonix PUD. D. Facilitate the Pitkin County Zoning and Building Department reviews by establishing review standards. E. Identify standards enforceable by Pitkin County in one document separate from the Chamonix Condominium Declarations and Protective Covenants which are not enforceable by Pitkin County. 1 RECEPTION#: 675042,04/01/2021 at 11:20:17 AM, Pgs 8 of 27, Janice K. Vos Caudill, Pitkin County, CO II. Pitkin County Land Use Code The Amended Le Chamonix PUD has been reviewed based upon the Pitkin County Land Use Code in effect on January 15, 2019. The PUD Guide identifies variations from the Pitkin County Land Use Code approved by Pitkin County during the land use review process and restrictions which may be enforced by Pitkin County. III. Allowed Uses Allowed uses are established by the RMF zone district regulations in Section 3-50-90 of the Code. The RMF zone is a residential zone intended for multi -family residential dwelling units. Residential uses are intended for use exclusively for dwelling purposes, but not including hotel or lodge rooms. IV. Prohibited Uses Prohibited uses are established in by the RMF zone district regulations in Section 3-50-90 of the Code. Tourist accommodation uses are prohibited in the RMF zone. Tourist Accommodation unit means any unit intended to be occupied principally by visitors to Pitkin County, located in a facility that offers customary on-site management and operation services for visitors. This use shall include units found in a lodge, hotel, motel, tourist dormitory, resort cabin, guest ranch, or similar facility, but shall exclude any high country hut, tourist camping or similar facility that does not provide on-site management and operation services or that does not meet the definition of dwelling unit in this Chapter 11 of the Code. Also excluded shall be dwelling units that are principally residences as defined in this Chapter 11 of the Code and are subject to residential growth management quota system allotments even though they may from time to time be used by visitors. V. Dimensional Requirements This section establishes dimensional requirements for the PUD. The dimensional requirements of the Code apply to the Le Chamonix unless varied in this section. There are two dwelling units within Le Chamonix unit 1 as defined by the Pitkin County Land Use Code. Unit 1 may continue to be used as it is currently being used and is considered to be in conformance with zoning pursuant to this PUD Guide. The unit may be remodeled and in the event of the damage or destruction due to a disaster it may be reconstructed. However, if all the units in Le Chamonix are demolished and reconstructed there may be only one unit reconstructed within unit 1. 2 RECEPTION#: 675042,04/01/2021 at 11:20:17 AM, Pgs 9 of 27, Janice K. Vos Caudill, Pitkin County, CO A. Lots Minimum Lot Area (acres) 1 acre Minimum Lot Area per Dwelling Unit .14 acre B. Maximum Number of Dwelling Units on the Property 12 C. Maximum Dwelling Units Per Acre 10.5 D. Minimum Useable Open Space per Dwelling Unit (square feet) 500 E. Minimum Lot Width 75' F. Minimum Setbacks from Property Lines Front 5' Side 5' Rear 20' G. Maximum Height: The maximum height is 28 feet for the primary structure as shown in Figure 1 and 20 feet for the accessory structure: only two stories are allowed on the front, Maroon Creek Road side of the structure. Increases in the height of the Le Chamonix Condominiums units up to the maximum allowed 28 foot height limit in the RMF zone district have been considered by Pitkin County based upon a plan for the entire Condominium structure which was the subject of a major PUD amendment, Site Plan and Scenic View Protection Reviews and a GMQS allotment. Height increases on a unit by unit basis are allowed when in conformance with Board of County Commissioners Resolution No 076-2019 and this PUD Guide. The Height limit for the Amended PUD is 28 feet for the primary structure except for Units 8, 9, 10, 11 and 12 and their height limits are: Unit 8 33' 3" Unit 9 31' 2" Unit 10 29' Unit 11 28' 11" Unit 12 281315 All units in the primary structure will retain two stories on the Maroon Creek Road side of the structure. This makes each unit's height as viewed from Maroon Creek Road lower than 28 feet as illustrated in Figure 1. The height limit is 20 feet for the accessory structure. Refer to Figure 1, Existing Building Heights and Height Calculations, to view methodology 3 RECEPTION#: 675042,04/01/2021 at 11:20:17 AM, Pgs 10 of 27, Janice K. Vos Caudill, Pitkin County, CO for determining height as approved in the 2019 Amended PUD. H. Existing Decks The existing decks located on the north side of the structure are permitted. The decks located on the north side of the structure may be renovated and/or reconstructed subject to obtaining required Pitkin County building permits. The sizes of the decks (square feet) located on the north side of the structure are documented in Figure 2 and are as follows and listed below. Unit 1 689 Unit 2 354 Unit 3 413 Unit 4 643 Unit 5 337 Unit 6 333 Unit 7 418 Unit 8 272 Unit 9 595 Unit 10 460 Unit 11 201 Unit 12 637 All Le Chamonix units and decks are oriented to Maroon Creek (the water body) to the north and northwest. Visual impacts are insignificant toward this side of the building and the Maroon Creek Road scenic corridor is not impacted. I. Existing Floor Area Table 1 documents the approved existing floor area and crawl space for each unit in Le Chamonix. The calculations for determining these floor area numbers pursuant to the Pitkin County Code are depicted in Figure 2 of this PUD Guide. Units 1 and 12 each include floor area being used as garages as noted in Table 1 and depicted in Figure 2. M RECEPTION#: 675042, 04/01/2021 at 11:20:17 AM, Pgs 11 of 27, Janice K. Vos Caudill, Pitkin County, CO Table 1 Le Chamonix Existing Floor Area* Unfinished Unfinished Crawl Space Over 516" Crawl Space Under 516" Per Code Counted in Per Code is not Counted Unit Existing Floor Area** Allowable Floor Area in Allowable Floor Area ------------------------------------------------------------------ ------------------------------------------------------------------ 1 3174 +379G =3553 105 470 2 1772 0 657 3 1922 0 653 4 2836 0 367 5 2492 682 0 6 1896 138 538 7 2511 471 197 8 2345 0 0 9 2544 0 0 10 2358 0 0 11 2190 0 0 12 2557 + 168G = 2725 220 995 Common 211 0 198 TOTAL: 29,355+ 547 Garage 1,616 4,075 W/ GARAGE: 29,902 • See Figures 2 and 3 for calculations of floor area. ** Existing Floor Area includes unfinished crawl space over 5'6" identified in the middle column Source: Davis Horn Incorporated and Scot Broughton Architects LLC, January 2014 67 RECEPTION#: 675042,04/01/2021 at 11:20:17 AM, Pgs 12 of 27, Janice K. Vos Caudill, Pitkin County, CO J. Maximum Floor Area Floor Area for all Dwelling Units # 2 through 12 2,855 Floor area for Dwelling Unit 1: 3,174 Floor area Plus Garage for Dwelling Unit 1 3,174 + 379 Garage = 3,553 The floor area additions and total floor area allowed for each unit after the 2019 PUD Amendment will be: Source: Davis Horn Incorporated and Scot Broughton Architects, LLC January 2019 K. Setback from Maroon Creek Road a Major Road This section establishes the major road setback from Maroon Creek Road to individual dwelling units in Chamonix. Attachment A depicts the measured shortest distance from each unit to the Maroon Creek Road right of way (major road). This shortest distance is 9 Proposed Maximum Available to Allowed After Unit Allowed Existing Achieve 2588 2019 PUD Approval #1 3,553 3,553 0 3,553 includes 379 Garage #2 2,855 1,772 1,083 2,855 #3 2,855 1,933 933 2,855 #4 2,855 2,836 19 2,855 #5 2,855 2,492 363 2,855 #6 2,855 1,896 959 2,855 #7 2,855 2,511 344 2,855 #8 2,855 2,345 510 2,855 #9 2,855 2,544 311 2,855 #10 2,855 2,358 497 2,855 #11 2,855 2,190 665 2,855 #12 2,855 2,725 130 2,855 includes 241 Garage 1-12 Expansions 5,814 Laundry Expansion 100 Buffer 85 Total Expansion Approved 6,000 (rounded) Source: Davis Horn Incorporated and Scot Broughton Architects, LLC January 2019 K. Setback from Maroon Creek Road a Major Road This section establishes the major road setback from Maroon Creek Road to individual dwelling units in Chamonix. Attachment A depicts the measured shortest distance from each unit to the Maroon Creek Road right of way (major road). This shortest distance is 9 RECEPTION#: 675042,04/01/2021 at 11:20:17 AM, Pgs 13 of 27, Janice K. Vos Caudill, Pitkin County, CO the setback for each unit. The setbacks are documented in Figure 4. Unit 1: 9.3' Unit 2: 10.4' Unit 3: 18.2' Unit 4: 18.4' Unit 5: 55.1 Unit 6: 67.4' Unit 7: 63.9' Unit 8: 56.1' Unit 9: 34.8' Unit 10: 13.3' Unit 11: 11.1' Unit 12: 11.3' Storage shed 0.0' L. Expansion of Dwelling Units The expansion of all dwelling units in the Le Chamonix PUD up to the allowed maximum floor area of 2,855 square feet (3,553 for Unit 1) is now allowed pursuant to the Major Amendment to a PUD, Activity Envelope and Site Plan, Scenic View Protection and GMQS approvals granted under BOCC Resolution No. 076-2019 and this Amended PUD Guide. The PUD is amended pursuant to Section 2-40-50 of the Code. Alteration of the building footprint and/or height is allowed pursuant to BOCC Resolution No. 076-2019 and this Amended PUD Guide. The building footprint square footage is documented on Figure 5. The existing crawl spaces (areas which are less than 5' 6") under the following dwelling units may be expanded provided that the new floor area does not exceed the limitations in this section and the maximum floor area permitted per unit. The following units contain such crawl spaces (areas which are less than 5'6"). Unit 2: 657 square feet Unit 3: 653 square feet Unit 6: 538 square feet Unit 7: 197 square feet Unit 12: 591 square feet The expansion of all dwelling units in the PUD is allowed pursuant to the Major Amendment to a PUD, Activity Envelope and Site Plan, Scenic View Protection and GMQS approvals granted under BOCC Resolutions Nos. 049-2019, and 076-2019. This PUD is therefore amended pursuant to Section 2-40-50 of the Code. Alteration of the building footprint or height is also allowed pursuant to BOCC Resolutions No. 076-2019 7 RECEPTION#: 675042, 04/01/2021 at 11:20:17 AM, Pgs 14 of 27, Janice K. Vos Caudill, Pitkin County, CO M. Enclosure of Decks The portions of the decks which exceed 15 percent of the floor area in any given unit which are already included in floor area based upon the existing Pitkin County Land Use Code floor area definition can be converted to finished floor area in the unit as long as the space is consistent with the Land Use Code, the Amended PUD approvals and the Amended PUD Guide. Refer to Figure 2 for the calculation of deck floor area. The enclosure of deck areas is possible as long as the enclosure is consistent with the PUD and is in compliance with the floor area limitations in this Amended PUD Guide. N. Increases in Floor Area, Finishing Unfinished Crawl Spaces Over 5' 6" and Converting Floor Area Located in Garages to Living Space Deck Area Enclosure. As deck areas are on the rear side of the structure with minimal visual impacts, deck enclosures can occur if the space is in conformance with all approvals including the maximum allowed floor area of 2,855 square feet for units 2 through 12 and 3,553 square feet for Unit 1. No Growth Management Quota System (GMQS) allotment or a Transferable Development Right (TDR) is required for deck enclosures as long as the unit complies with the maximum allowed floor area of 2,855 square feet of floor area (3,553 for Unit 1). Floor Area Expansion., Floor area expansions up to the maximum allowed 2,855 square feet per Units 2-12 and 3,553 for Unit 1 are allowed as long as the expansions are found to be in conformance with the elevations and perspectives approved through this PUD Amendment, GMQS, Activity Envelope and Site Plan, Scenic Review approvals and the adopted Amended PUD Guide. Existing Crawl Space 5'6" Moved to Above Grade. The existing crawl spaces (subgrade space) which are over 5'6" in height are identified in Table 1 (Units 1, 5, 6, 7 and 12). These unfinished subgrade spaces may be converted to finished space subject to compliance with the building codes. This floor area can be moved above grade as long as the space is consistent with the Land Use Code, the Amended PUD Guide and meets the maximum allowed floor area requirements. Garages. The existing floor area located in the garages in Units 1 and 12 may be converted to habitable floor area provided there is no change to the building footprint and there is no expansion in floor area. Conversion of floor area in garages to habitable floor area will no longer require a residential GMQS allotment or exemption as these expansions must be in conformance with these 2019 approvals including the elevations and perspectives approved as part of the Scenic Review approval and Amended PUD Guide. Alteration of the Building Footprint. 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Vos Caudill, Pitkin County, CO Ak( .. tl FIRST AMENDED AND RESTATED LE CHAMONIX PUBLIC TRAIL AND RECREATION EASEMENT THIS AMXNDMENT TO THE EASEMENT (the "Easement"), made and entered into this ( day of vii , 2021, by and between Le Chamonix Association Inc., a Colorado nonprofit corporate n, whose address is 1501 Maroon Creek Road, Aspen Colorado 81611 ("Grantor"), and the Board of County Commissioners of Pitkin County, Colorado, a body corporate and politic, whose address is 530 East Main Street, Aspen, Colorado 81611 ("Grantee"). Grantors and Grantees may collectively be referred to herein as the "Parties". The following exhibits are attached hereto: Exhibit A: Legal description of the Property Exhibit B: Survey of Property RECITALS A. Grantor is the record owner of certain real property located in Pitkin County that lies in Section 14, Township 10 South, Range 85 West of the 6t" P.M. in Pitkin County, Colorado, as legally described in Exhibit A and depicted on Exhibit B (the "Property"). B. Grantor granted a trail easement recorded on October 10, 2014, at reception number 614362 (the "Original Easement") which dedicated a non-exclusive perpetual public trail easement located from the Property boundary within Maroon Creek to five (5) feet above high water mark to fulfill the conditions of the Board of County Commissioner's Resolution 068-2014, recorded on July 15, 2014 at reception number 611807. C. On January 21, 2020, Resolution 076-2019 of the Board of County Commissioners of Pitkin County was recorded at reception number 662087 and requires the Grantor to record a trail/fishing easement dedicated to the Pitkin County Open Space and Trails within Maroon Creek extending ten (10) feet beyond the Creek's high water mark and expanding the permitted uses to include fishing, which amends the previous trail easement. D. The Parties intend with this Easement to amend, supersede, replace and restate the Original Easement without interrupting the duration of the Original Easement. E. The Parties acknowledge and agree that the grant of this Easement does not constitute a takings. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements set forth herein, and for other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee agree as follows: 1. Grant of Easement. Grantor hereby grants, transfers and conveys unto Grantee and its successors and assigns, for the use and benefit of the general public a non-exclusive perpetual RECEPTION#: 675042, 04/01/2021 at 11:20:17 AM, Pgs 21 of 27, Janice K. Vos Caudill, Pitkin County, CO public trail and recreation easement located from the Property boundary within Maroon Creek to ten (10) feet above high water mark as defined in the Pitkin County Land Use Code and, as depicted on Exhibit B (the "Easement"). 2. Grantee hereby accepts the Easement in an "as is" condition, subject to the restrictions herein contained. Such acceptance does not preclude improvement or maintenance activities within the Easement insofar as such activities may be allowed or required by this Agreement. 3. Easement Use Restrictions. a. Public use of the Easement shall be exclusively for non -motorized recreation, including but not limited to, fishing, hiking, horseback riding, bicycling and Nordic skiing. Dogs on the Easement must be leashed at all times. b. The Easement is governed by the rules and regulations and other provisions of Title XII of the Pitkin County Code, as said Title XII may be amended or recodified from time to time, provided always that the provisions of this Agreement shall control wherever they are more restrictive than the provisions of said Title XII. c. No motorized vehicles shall be permitted to use the Easement, except as needed for maintenance of the trail or emergency response. d. Grantor reserves the right to use and enjoy the Easement and the land beneath and the airspace above for all purposes and uses which do not unreasonably interfere with the use and enjoyment by Grantee or members of the public of the rights herein granted. Without limitation to the foregoing, Grantor shall have the right to grant any easements to utility companies over or under the Easement. The Easement is granted subject to all existing easements, restrictions and covenants of record. 4. Easement Care and Maintenance. Grantee hereby assumes complete responsibility for and agrees to care for, groom and maintain the trail in a clean and attractive condition and in a good and safe order and repair, at its sole cost and expense, unless the need therefore is caused by Grantor, or its successors or assigns in interest in the ownership of the underlying Property, in which case Grantor, or its successors or assigns in interest, shall perform the maintenance or care so required; provided, however that Grantor is not responsible for said damage if caused by horses or third parties. Grantee's maintenance responsibilities shall include, but not be limited to, trash and debris removal, keeping the trail clear of rocks, vegetation and other obstructions, grooming as needed, controlling erosion and water runoff, and general care and maintenance. 5. Grantor's immunity. The parties expressly acknowledge that the Easement is granted for a "recreational purpose" under C.R.S. Section 33-41-101, et sM., and that Grantor is entitled to pursue the benefits, protections and limitations on liability afforded by Colorado law governing recreational easements, including without limitation said Section 33-41-101, et sec. By granting the Easement, Grantor shall have no obligation to repair, clear or otherwise maintain the area within the Easement, or to insure or indemnify Grantee or the public for any injury, claim or damage to any person or property, whether alleged to have occurred as a result of use of the Easement for public non -motorized travel or otherwise, or due to the condition of the public trail area. 6. Attorneys' Fees. In the event the interpretation or enforcement of this Easement should ever become the subject of litigation between Grantor (or its successors and assigns in the record -2- RECEPTION#: 675042, 04/01/2021 at 11:20:17 AM, Pgs 22 of 27, Janice K. Vos Caudill, Pitkin County, CO ownership of the underlying real property traversed by the Easement, or any part thereof) and Grantee, the prevailing party shall be entitled to an award of its reasonable costs and attorneys' fees incurred in connection therewith. 7. BindingEffect. This Easement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors and assigns forever including all future record owners of the underlying real property traversed by the Easement, or any part thereof. The benefits and burdens hereof shall also run with the title to the underlying real property and all parts thereof traversed by the Easement. This Easement may only be amended by a writing signed by Grantee and by the then -record owners of the underlying real property traversed by the Easement. Remainder of page intentionally left blank Signature pages follow - 3 - RECEPTION#: 675042, 04/01/2021 at 11:20:17 AM, Pgs 23 of 27, Janice K. Vos Caudill, Pitkin County, CO GRANTOR: J /R STATE OF CA h .N4`sl ) ) ss. COUNTY OF oSA) The foregoinginstrument was acknowledged before me this It day of %Q� , by MAefir, W- SA:. — ' My commission expires April Witness my hand and official seal. ALDOKD NA Mofary Pub11c " Notary FV* - Califoroia Los Angeles County z Commission # 2187222 My Comm. Expires Apt 15.2021 -4- RECEPTION#: 675042, 04/01/2021 at 11:20:17 AM, Pgs 24 of 27, Janice K. Vos Caudill, Pitkin County, CO GRANTEE: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By: Ke ly McNicholas ury, Chair STATE OF COLORADO ) ss. COUNTY OF PITKIN ) foregoing instrument was acknowledged before me this /j day of aThe 0vt , 2021. Co missioners. by Kelly McNicholas kury, Chair, Pitkin County Board of County Witness my hand and official seal. My commission expires: q- 'JEANETTE JONES ?NOTARY PUBLIC OF COLORAZ)O 10 19904002&% - 5 - RECEPTION#: 675042, 04/01/2021 at 11:20:17 AM, Pgs 25 of 27, Janice K. Vos Caudill, Pitkin County, CO Exhibit A: Legal Description of Property Ei'� RECEPTION#: 675042, 04/01/2021 at 11:20:17 AM, Pgs 26 of 27, Janice K. Vos Caudill, Pitkin County, CO LE CHAMONIX CONDOMINIUMS A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6T". P.M., IN PITKIN COUNTY, COLORADO; SAID TRACT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHWESTERLY RIGHT OF WAY LINE OF THE MAROON CREEK ROAD WHENCE THE RELOCATED WITNESS CORNER TO THE WEST 1/4 CORNER OF SAID SECTION 14 (SAID RELOCATED WITNESS CORNER BEARS SOUTH 86.33 FEET FROM THE ORIGINAL LOCATION) BEARS S57°06'W 20.00 FEET AND S44°38'30"W 378.87 FEET; THENCE N57°06'E 460.00 FEET ALONG SAID RIGHT OF WAY; THENCE N33°06'W 76.67 FEET; THENCE S56°54'W 44.47 FEET; THENCE N63°30'W 223 FEET, MORE OR LESS, TO THE CENTER OF MAROON CREEK; THENCE SOUTHWESTERLY ALONG THE CENTERLINE OF MAROON CREEK 270.00 FEET, MORE OR LESS; THENCE S18°30'E 205 FEET, MORE OR LESS, TO THE POINT OF BEGINNING; CONTAINING 2 ACRES, MORE OR LESS. RECEPTION#: 675042, 04/01/2021 at 11:20:17 AM, Pgs 27 of 27, Janice K. Vos Caudill, Pitkin County, CO F EXHIBIT 13 A PARCEL OF LAND SITUATED IN THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF PITKIN, STATE OF COLORADO. lip �.. SCALE 1" = 40' / • 55 P.O.C. 1 WEST 1/4 CORNER / SEC. 14. T10S, R85W. 11pN S�Ei 2.5" BLM (OESCR3� pj1 E BRASS CAP N 2g8.10 (FOUND) SE COR. OF LE CHAMONIX CONDOMINIUMS. REC. NO. 6184718 BASIS OF BEARINGS S 01.40'43" W 1316.53' S 1/16 CORNER SEC. 14. T10S, R85W. 3.25" BLM 1985 ALUMINUM CAP (FOUND) o 5 $963� < s8 08 �� F EASEMENT DESCRIPTION P111 OF LAND SITUATED IN THE SOUHW TEST QUARTER OF THE NORTHWEST QUARTER OF SF` 1H N :4. TOWNSHIP 10 SOUTH, RANGE 85 W FST OF THE S -H PRINCIPAL MEAIDIAN, COUNTY TIF PIT ON, —TE OF COLORADO, TO WIT; TO IMINCING AT THE WEST QUARTER CORNER Of THE SAID SECTION 14, FROM WHENCE THE SOUTH ONE SIXTEENTH CORNER BETWEEN SECTION 15 AND THE SFNO SECTION 14 BEARS S Ol'M'AT- W, 1316.53 FEET DISTANT, WITH BOTH CORNEAS MONUMENTED BY FOUND BSM BRASS CAPPETTIPON PIPF5119851; THENCE, N )6'3103' F A DISTANCE Of 388.30 TO THE SOUTHWEST COANF R Of THE LE CHAMONIX CONDOMINIUMS, RECORDED 210CTOBER, 3014 UNDER RECEPTION NUMOFR 4147181N 111E PUBIIC R[CORDS Of THE SAID C W Ntt; LHENCE. N IB'30'1" w, ALONG TIIE SOU THWESTEFIY BOUNDARY LINE OF THE SAID CONDOMINIUM A DISTANCE Of 141.1 FEET, THE SAID POINT BEING THE TRUE POINT OF BEGINNING; illi NCf N 18'3(1 1" W, A DISTANCE OF 111A FEET TOA POINT ON THE CENTERLINE OF MAROON CRE( K, THE SAID POINT BEING THE NORTHWESTERLY BOUNDARY CORNER OF THE SAID -� NOUM1IINIUM; THENCE N 40'32 28" E, DEPARTING FROM THE AFORE SAID COURSE AND ALONG THE CENTERLINF OF THE SAID CREEK AND THE NORTHERLY BOUNDARY LINE OF TETE SAID CONDOMINIUM, A DISTANCE OF 64.37 FEET: THENCE N62'3514 E, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE CENTERUNE OF TETE SAID CREEK AND THE NORTHERLY BOUNDARY LINE Of THE SAID CONDOMINIUM, A DISTANC[ Of 62 98 Ff E r; THENC[ N 4]'10'10" (,DEPARTING FROM THE AFORESAID COURSE AND ALONG THE CEMERLINE OF THE SATO CREEK AND THE NORTHERLY BOUNDARY LINE Of THE SAID CONDOMINIUM, A DISTANCE OF 73.12 FEET; THENCE N 56'01'50" E, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE CENTERLINE OF THE SAD CREEK AND THE NORTHERLY BOUNDMY LINE Of THE SAID CONDOMINIUM, A DISTANCE Of 68.93 FEET TO THE NORTHEASTERLY BOUNDARY CORNER THEREOF; THENCE S 63'30'1' E. DEPARTING FROM THE AFORESAID COURSE AND ALONG THE NORTHEASTERLY BOUNDARY LINE OF THE SAID CONDOMINIUM, A DISTANCE Of SAAR FEET; THENCE 51'11'42' W. DEPARTING FROM THE AFORESAID COURSE A DISTANCE OF 79D1 FEET, THENCE S 52'10'22' W, DEPARTING FROM THE AFORESAID COURSE A DISTANCE OF 77 30 FEET; THENCE 5 41'58'06' W, OF PART ING FROM FHF AFORESAID COURSE A DIST-1E .1 12 Al FEET; THE NC f 5 42'5540' W. Of PARTING FROM THF AFORESAID COURSE A DISTANCE OF 69A 7 FEFT; THENCE S 30.'50`30' W, DEPARTING FROM THE AFORESAID COURSE A DISTANCE OF M SO FEET TO THE —All OF BEGINNING THE SAD PARCEL OF LAND IS COMPRISED OF 14,680 SQUARE FEET, DT 34 ACRES) MORE OR LESS SURVEYOR'S CERTIFICATION I. BILL W.A. BAKER, A LICENSED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO DO BY THESE PRESENTS CERTIFY THAT THE DESCRIPTION AND DRAWING SHOWN HEREON REPRESENTS AN EASEMENT DERIVED FROM A FIELD SURVEY OF THE SUBJECT PROPERTY MADE UNDER MY DIRECT SUPERVISION, AND THAT TO THE BEST OF MY KNOWLEDGE. INFORMATION AND BELIEF, AN ACCURATE DEPICTION OF SAID SURVEY IS RENDERED BY THIS EXHIBIT. THIS EXHIBIT IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE CONSTRUED AS A LAND SURVEY PLAT. BILL W.A. BAKER, COLORADO PROFESSIONAL LAND SURVEYOR #23875 CERTIFIED FEDERAL SURVEYOR #1699 INTENDED TO DEPICT THE DESCRIPTION. NOT TO BE CONSTRUED AS A LAND SURVEY PLAT. HIGH COUNTRY ENGINEERING, INC. LECHAn,ONIX /O� 6 62 . g6 REC,HEATICIN EASEFFENT CHECKED By PROJECT NO. I `, 1 7 9LAK. A\'1 -,, E, S:; ITE F7 I' = 1 LE CHAMONIX HIGH WATER MARK 2201672 GLENWC\nns HIIl .�, i;IJ A 1(- JI 1 lb DAre. vACE-. PHONF Iii/U1 qF �5��"./6 FAX I�r/0) CF I`, Ir'�'��, 0 CONOOFAINIUT.IS 01.26-20)21 1 OF I — 11, 'NS ( "! P U.D FI - LE p .1:/ 2201 672/TRAILEASET.IE NT.D WG P 1K` / G L / / S 38°50'30" W Ld < L- L 30.50' U O In j V T.P.O. B. U O I' 175.0' NTNESS = Q' Q. - LO U 2 CORNER FOUND REBAR CE Ln Z k 1_1/x• oaANGE PLASTIC C7 Z) 0p CAP Z YARKED �If WC NCE L519598 O, O Z 35.0' WTNESS CORNER O FOUND REBAR i N 1-1/4' ORANGE PLASTIC CAP MARKED INC NCE LS19598 O P.O.C. 1 WEST 1/4 CORNER / SEC. 14. T10S, R85W. 11pN S�Ei 2.5" BLM (OESCR3� pj1 E BRASS CAP N 2g8.10 (FOUND) SE COR. OF LE CHAMONIX CONDOMINIUMS. REC. NO. 6184718 BASIS OF BEARINGS S 01.40'43" W 1316.53' S 1/16 CORNER SEC. 14. T10S, R85W. 3.25" BLM 1985 ALUMINUM CAP (FOUND) o 5 $963� < s8 08 �� F EASEMENT DESCRIPTION P111 OF LAND SITUATED IN THE SOUHW TEST QUARTER OF THE NORTHWEST QUARTER OF SF` 1H N :4. TOWNSHIP 10 SOUTH, RANGE 85 W FST OF THE S -H PRINCIPAL MEAIDIAN, COUNTY TIF PIT ON, —TE OF COLORADO, TO WIT; TO IMINCING AT THE WEST QUARTER CORNER Of THE SAID SECTION 14, FROM WHENCE THE SOUTH ONE SIXTEENTH CORNER BETWEEN SECTION 15 AND THE SFNO SECTION 14 BEARS S Ol'M'AT- W, 1316.53 FEET DISTANT, WITH BOTH CORNEAS MONUMENTED BY FOUND BSM BRASS CAPPETTIPON PIPF5119851; THENCE, N )6'3103' F A DISTANCE Of 388.30 TO THE SOUTHWEST COANF R Of THE LE CHAMONIX CONDOMINIUMS, RECORDED 210CTOBER, 3014 UNDER RECEPTION NUMOFR 4147181N 111E PUBIIC R[CORDS Of THE SAID C W Ntt; LHENCE. N IB'30'1" w, ALONG TIIE SOU THWESTEFIY BOUNDARY LINE OF THE SAID CONDOMINIUM A DISTANCE Of 141.1 FEET, THE SAID POINT BEING THE TRUE POINT OF BEGINNING; illi NCf N 18'3(1 1" W, A DISTANCE OF 111A FEET TOA POINT ON THE CENTERLINE OF MAROON CRE( K, THE SAID POINT BEING THE NORTHWESTERLY BOUNDARY CORNER OF THE SAID -� NOUM1IINIUM; THENCE N 40'32 28" E, DEPARTING FROM THE AFORE SAID COURSE AND ALONG THE CENTERLINF OF THE SAID CREEK AND THE NORTHERLY BOUNDARY LINE OF TETE SAID CONDOMINIUM, A DISTANCE OF 64.37 FEET: THENCE N62'3514 E, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE CENTERUNE OF TETE SAID CREEK AND THE NORTHERLY BOUNDARY LINE Of THE SAID CONDOMINIUM, A DISTANC[ Of 62 98 Ff E r; THENC[ N 4]'10'10" (,DEPARTING FROM THE AFORESAID COURSE AND ALONG THE CEMERLINE OF THE SATO CREEK AND THE NORTHERLY BOUNDARY LINE Of THE SAID CONDOMINIUM, A DISTANCE OF 73.12 FEET; THENCE N 56'01'50" E, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE CENTERLINE OF THE SAD CREEK AND THE NORTHERLY BOUNDMY LINE Of THE SAID CONDOMINIUM, A DISTANCE Of 68.93 FEET TO THE NORTHEASTERLY BOUNDARY CORNER THEREOF; THENCE S 63'30'1' E. DEPARTING FROM THE AFORESAID COURSE AND ALONG THE NORTHEASTERLY BOUNDARY LINE OF THE SAID CONDOMINIUM, A DISTANCE Of SAAR FEET; THENCE 51'11'42' W. DEPARTING FROM THE AFORESAID COURSE A DISTANCE OF 79D1 FEET, THENCE S 52'10'22' W, DEPARTING FROM THE AFORESAID COURSE A DISTANCE OF 77 30 FEET; THENCE 5 41'58'06' W, OF PART ING FROM FHF AFORESAID COURSE A DIST-1E .1 12 Al FEET; THE NC f 5 42'5540' W. Of PARTING FROM THF AFORESAID COURSE A DISTANCE OF 69A 7 FEFT; THENCE S 30.'50`30' W, DEPARTING FROM THE AFORESAID COURSE A DISTANCE OF M SO FEET TO THE —All OF BEGINNING THE SAD PARCEL OF LAND IS COMPRISED OF 14,680 SQUARE FEET, DT 34 ACRES) MORE OR LESS SURVEYOR'S CERTIFICATION I. BILL W.A. BAKER, A LICENSED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO DO BY THESE PRESENTS CERTIFY THAT THE DESCRIPTION AND DRAWING SHOWN HEREON REPRESENTS AN EASEMENT DERIVED FROM A FIELD SURVEY OF THE SUBJECT PROPERTY MADE UNDER MY DIRECT SUPERVISION, AND THAT TO THE BEST OF MY KNOWLEDGE. INFORMATION AND BELIEF, AN ACCURATE DEPICTION OF SAID SURVEY IS RENDERED BY THIS EXHIBIT. THIS EXHIBIT IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE CONSTRUED AS A LAND SURVEY PLAT. BILL W.A. BAKER, COLORADO PROFESSIONAL LAND SURVEYOR #23875 CERTIFIED FEDERAL SURVEYOR #1699 INTENDED TO DEPICT THE DESCRIPTION. NOT TO BE CONSTRUED AS A LAND SURVEY PLAT. HIGH COUNTRY ENGINEERING, INC. LECHAn,ONIX DMC 1=40 FT. REC,HEATICIN EASEFFENT CHECKED By PROJECT NO. I `, 1 7 9LAK. A\'1 -,, E, S:; ITE F7 I' = 1 LE CHAMONIX BB 2201672 GLENWC\nns HIIl .�, i;IJ A 1(- JI 1 DAre. vACE-. PHONF Iii/U1 qF �5��"./6 FAX I�r/0) CF I`, Ir'�'��, 0 CONOOFAINIUT.IS 01.26-20)21 1 OF I — 11, 'NS ( "! P U.D FI - LE .1:/ 2201 672/TRAILEASET.IE NT.D WG i iioii loll oio oio ilio iioi Dili ilii ii i iii loll loll ilio iiioii ii ilii RECEPTION#: 675044, R: $63.00, D: $0.00 DOC CODE: COVENANTS Pg 1 of 11, 04/01/2021 at 11:35:49 AM Janice K. Vos Caudill, Pitkin County, CO PROTECTIVE COVENANT IN ASSOCIATION WITH THE PITKIN COUNTY 2019 ASPEN URBAN GROWTH BOUNDARY RESIDENTIAL GROWTH MANAGEMENT QUOTA SYSTEM COMPETITION FOR A 6,000 SQUARE FOOT ADDITIONAL FLOOR AREA ALLOTMENT AWARDED TO LE CHAMONIX ASSOCIATION, INC. THIS COVENANT is made this 31 day of March '2021, by Le Chamonix Association, Inc., whose address is 600 East Hopkins Avenue, Suite 203, Aspen, CO 81611. RECITALS: WHEREAS, Le Chamonix Association, Inc. (the "Association") is a nonprofit corporation created to operate and maintain the Le Chamonix apartments, a condominium project located at 1501 Maroon Creek Road and is legally described as the Le Chamonix Subdivision Units 1 through 12, PID# 273514202008; and WHEREAS, The Owner submitted a land use application (the "Application") in the 2019 Urban Area Growth Management Quota System competition for 6,000 square feet of additional floor area allotments to be divided between all twelve condominiums pursuant to the BOCC Resolution No. 68-2014, Reception No. 611807 and the Planned Unit Development Guide; and WHEREAS, The Le Chamonix complex includes twelve dwelling units, a small trash enclosure, and common laundry facility. Unit 1 has a second dwelling unit that was acknowledged and approved in the 2014 PUD process. There are approximately 24 surface parking spaces. Units 1 and 12 each have a one car garage. The lot is zoned Residential Multi -Family (RMF) and is 7.18 acres; and WHEREAS, In 2012, the Le Chamonix complex was rezoned to Residential Multi -Family, pursuant to Ordinance No. 030-2012; and WHEREAS, In 2014, Le Chamonix received Detailed/Final Plat and PUD approval to document existing square footage per dwelling unit and direct future renovations, pursuant to BOCC Resolution No. 68-2014. The PUD Guide identified a maximum allowable floor area for each unit which is 2,855 square feet for all units except Unit 1 which was over the 2,855 square foot maximum. The PUD Guide stipulated that deck and basement expansions may occur exempt from GMQS, but that any other expansions into habitable residential floor area requires use of TDR's or a GMQS Allotment; and WHEREAS, In 2015, the property owner of Unit #12 requested and received a GMQS allotment, pursuant to BOCC Resolution No. 081-2015 for 221 square feet to convert a garage into habitable floor area; and WHEREAS, On June 4, 2019, the Pitkin County Planning and Zoning Commission reviewed and considered the Application and forwarded a recommendation of approval, with conditions, to the Pitkin County Board of County Commissioners (the `BOCC"). The recommendation is reflected in Pitkin County Planning and Zoning Commission Resolution No. 07-2019, Reception No. 656513. RECEPTION#: 675044, 04/01/2021 at 11:35:49 AM, Pgs 2 of 11, Janice K. Vos Caudill, Pitkin County, CO 21 Le Chamonix GMQS Covenant WHEREAS, On July 10, 2019, the BOCC granted a growth management allotment of 6,000 square feet of floor area to be divided between the twelve owners of the Le Chamonix condominium building. The BOCC decision is reflected in Pitkin County Board of County Commissioner Resolution No. 049-2019. WHEREAS, Resolution No. 049-2019 requires the following: "This allocation is conditioned upon recordation of a covenant documenting the representations made in the application for the additional square footage. This covenant shall be reviewed and approved by Community Development Department and recorded against the property, prior to issuance of a building permit to utilize the awarded floor area." WHEREAS, This covenant is submitted by the Owner to satisfy the above stated condition of the GMQS Approval and perfect the grant of 6,000 square feet of additional floor area to be divided between all twelve condominiums dwelling units pursuant to the BOCC Resolution No. 68-2014, Reception No. 611807 and the Planned Unit Development Guide. NOW THEREFORE, the allotment of an additional 6,000 square feet of floor area provided for in BOCC Resolution No. 049-2019 to be divided between all twelve condominiums dwelling units pursuant to the BOCC Resolution No. 68-2014, Reception No. 611807 and the Planned Unit Development Guide is conditioned upon the following restrictions, which detail the representations and commitments made in the Application as recognized by the BOCC through the award of points: 1.0 General Requirements 1.1 In addition to P&Z Resolution No. 016-2019 and BOCC Resolution No. 049-2019 granting the GMQS Approval, the Property is currently bound by the terms of the following documents (collectively, the "Past Approvals") and the Owner acknowledges and agrees that, in addition to the matters provided for elsewhere herein regarding the representations made in the Application, the Owner will comply with all of the terms and conditions of the Past Approvals: a. BOCC Resolution No. 68-2014 filed as Reception No. 611807 with the Pitkin County Recorder regarding a rezoning the property to Residential Multi -Family and Planned Unit Development and approved a PUD Guide. 2.0 Impacts on Public and Private Facilities 2.1 The Owner shall provide funding to the Aspen Fire Protection District in the amount of $15,000 to help purchase a training vehicle, and/or a replacement brush truck. The Owner shall provide these monies prior to or concurrent with recordation of the GMQS covenant, as demonstrated by the Acknowledgement attached hereto as Exhibit A. 3.0 Achievement of Community Goals RECEPTION#: 675044, 04/01/2021 at 11:35:49 AM, Pgs 3 of 11, Janice K. Vos Caudill, Pitkin County, CO 31 Le Chamonix GMQS Covenant 3.1 The Owner shall provide funding to the Aspen Fire Protection District in the amount of $15,000 to help purchase a training vehicle, and/or a replacement brush truck. The Owner shall provide these monies prior to or concurrent with recordation of the GMQS covenant, as demonstrated by the Acknowledgement attached hereto as Exhibit A. 3.2 The Owner shall provide funding to Aspen Parks and Open Space in the amount of $8,000 for improvement to the Maroon Creek recreational single-track in the Maroon Creek gorge and/or project planning for a new trail connection between the round -about and the Aspen Recreation Center. The Owner shall provide these monies prior to or concurrent with recordation of the GMQS covenant, as demonstrated by the Acknowledgement attached hereto as Exhibit B. 3.2 The Owner shall provide funding to Aspen School District in the amount of $5,000 for traffic/vehicle reduction programs. The Owner shall provide these monies prior to or concurrent with recordation of the GMQS covenant, as demonstrated by the Acknowledgement attached hereto as Exhibit C. 3.3 The Owner shall record a trail/fishing easement dedicated to the Pitkin County Open Space and Trails within the Creek extending 10 feet beyond the Creek's high-water mark, which amends the previous fishing easement. The easement shall be accepted by the BOCC and recorded prior to or concurrent with recordation of the GMQS covenant. 4.0 Miscellaneous: 4.1 PUD Guide Amendment: Prior to submission of any future permit applications, the Applicant shall be required to submit for approval by the County Attorney and Community Development staff a revised PUD Guide that documents the Major PUD Amendment approval including the reviewed Activity Envelope, representations of materials and colors that are approved as part of the review process, and allocation of the GMQS allotment square footage. 5.0 Recordation. Once fully executed, this Covenant shall be recorded in the office of the Pitkin County Clerk and Recorder. 5.0 Notices Any notice required or permitted under this Agreement shall be in writing and shall be provided by electronic delivery to the e-mail addresses set forth below and by one of the following methods 1) hand -delivery or 2) registered or certified mail, postage pre -paid to the mailing addresses set forth below. Each party by notice sent under this paragraph may change the address to which future notices should be sent. Electronic delivery of notices shall be considered delivered upon receipt of confirmation of delivery on the part of the RECEPTION#: 675044, 04/01/2021 at 11:35:49 AM, Pgs 4 of 11, Janice K. Vos Caudill, Pitkin County, CO 41 Le Chamonix GMQS Covenant sender. Nothing contained herein shall be construed to preclude personal service of any notice in the manner prescribed for personal service of a summons or other legal process. To the Owner: Le Chamonix Association, Inc. 600 East Hopkins Avenue, Suite 203 Aspen, CO 81611 To Pitkin County: Jon Peacock Pitkin County Manager 530 E. Main Street, Suite 302 Aspen, CO 81611 Email: Jon.Peacock@pitkincounty.com With Copies To: John Ely Pitkin County Attorney 530 E. Main Street, Suite 301 Aspen, CO 81611 Email: attomey@pitkincounty.com 6.0 Binding Effect The provisions of this Covenant shall run with and constitute a burden on the Property and shall be binding on and inure to the benefit of the Owner of the Property from time to time, and such Owner's heirs, successors, personal representatives, and assigns, and Pitkin County, its successors, personal representatives, and assigns. 7.0 Amendment This Covenant may be altered or amended only by written instrument executed by the parties, upon approval by the Pitkin County Community Development Director. 8.0 Severability If any of the provisions of this Covenant are determined to be invalid, it shall not affect the remaining provisions hereof. 9.0 Non -Waiver Any failure to enforce a requirement of the Covenant shall not constitute a waiver of the right to enforce any other requirement, and shall not constitute a waiver of the right to any further enforcement of any requirement of this Covenant. 10.0 Enforcement RECEPTION#: 675044, 04/01/2021 at 11:35:49 AM, Pgs 5 of 11, Janice K. Vos Caudill, Pitkin County, CO 5 1 Le Chamonix GMQS Covenant Owner hereby agrees that in any adjudicated controversy concerning this Covenant, the prevailing party is entitled to its costs and reasonable attorney's fees. Failure to enforce this Covenant does not constitute a waiver of any rights to commence enforcement. [signatures on the following pages] RECEPTION#: 675044, 04/01/2021 at 11:35:49 AM, Pgs 6 of 11, Janice K. Vos Caudill, Pitkin County, CO 61 Le Chamonix GMQS Covenant AGREED TO AND ACCEPTED BY OWNER OWNER: Le Chamonix Association, Inc. Martin Erck President of Board of Directors STATE OF } )ss. COUNTY OF l The foregoing Covenant was -I* Martin Erck President of the Board S`F / , � D aTIAL A 4 ledged before me this _ day of , 2021, by rectors of the Le Chamonix Association, Inc., dated Witness my hand and official seal. My commission expires: Notary Public RECEPTION#: 675044, 04/01/2021 at 11:35:49 AM, Pgs 7 of 11, Janice K. Vos Caudill, Pitkin County, CO CALIFORNIA ALL-PURPOU ACKNOWLEDGMENT CIVIL CODE § 1189 A notary pubk or other officer completing this certificate verifies only the Identity of the Individual who signed the document to which this cerU6cate is attached, and not the truthfulness, accuracy, or validity of that document. State of Cafifomia County or Los Angeles ) on MAMA 9-5. g20 o`Zi — before me, Aldo Aldana. NotaryPublic OatesHere Insert Name and Trite of the Officer personally appeared ar_(-I Name(s) of Stgner(s) who proved to me on the basis of satisfactory evidence to be the persons) whose names) Is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capecity(tes), and that by his/her/"r stgnature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. I certify under PENALTY OF PERJURY under the laws of the State of Callfomia that the foregoing paragraph Is true and correct. WITNESS �.my hand and official' A&A tL.��/,///lam Public Place Notary Seal Above OP77ONAL Though this section is optional, completing this Information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above. Capacttyges) Claimed by Signer(s) Signer's Name: O Corporate Officer — Title(s): O Partner — O Limited O General O Individual O Attorney In Fact O Trustee O Guardian or Conservator O Other. Signer Is Representing: Number of Pages: Signer's Name: O Corporate Officer - Title(s): [3 Partner — O Limited O General O Individual O Attorney In Fact O Trustee O Guardian or Conservator O Other. Signer Is Representing: 02015 National Notary Association - www.Naflona]Nohq.org - 11 -800 -US NOTARY (1-800.876.6827) Item 85907 RECEPTION#: 675044, 04/01/2021 at 11:35:49 AM, Pgs 8 of 11, Janice K. Vos Caudill, Pitkin County, CO 71 Le Chamonix GMQS Covenant ACCEPTED by the Community Development Director this 31 day of March , 2021, pursuant to Pitkin County Board of County Commissioners Resolution No. 049-2019: �W'jm .c, UJ f . Suzanne Wolff, Assistant Director Community Development Department APPROVED AS TO FORM &Aw Richard Y. Neiley, Assistant County Attorney RECEPTION#: 675044, 04/01/2021 at 11:35:49 AM, Pgs 9 of 11, Janice K. Vos Caudill, Pitkin County, CO EXHIBIT A ACKNOWLEDGEMENT (1 of 3) I hereby acknowledge receipt of funds in the amount of $15,000 from the Le Chamonix Association, Inc., a nonprofit corporation created to operate and maintain the Le Chamonix apartments, to the Aspen Fire Protection District to help purchase a training vehicle, and/or a replacement brush truck in satisfaction of the awarded 2019 Urban Area Residential Growth Management Quota System (Case P003-19) commitment and the requirements of Pitkin County Planning and Zoning Commission Resolution No. PZ -07-2019 (Reception No. 656513). Signature: Date: ��/ �0 By (Print Name and Title): ��/�� Lo"'/(' �c��,i j r- % (- k , c RECEPTION#: 675044,04/01/2021 at 11:35:49 AM, Pgs 10 of 11, Janice K. Vos Caudill, Pitkin County, CO EXHIBIT B ACKNOWLEDGEMENT (2 of 3) I hereby acknowledge receipt of funds in the amount of $8,000 from the Le Chamonix Association, Inc., a nonprofit corporation created to operate and maintain the Le Chamonix apartments, to the Aspen Parks and Open Space for improvements to the Maroon Creek recreational single-track in the Maroon Creek gorge and/or project planning for a new trail connection between the round -about and the Aspen Recreation Center, in satisfaction of the awarded 2019 Urban Area Residential Growth Management Quota System (Case P003-19) commitment and the requirements of Pitkin County Planning and Zoning Commission Resolution No. PZ -07-2019 (Reception No. 656513). Signat Date: By (Print Name and Title): &. RECEPTION#: 675044, 04/01/2021 at 11:35:49 AM, Pgs 11 of 11, Janice K. Vos Caudill, Pitkin County, CO EXHIBIT C ACKNOWLEDGEMENT (3 of 3) I hereby acknowledge receipt of funds in,the amount of $5,000 from the Le Chamonix Association, Inc., a nonprofit corporation created to operate and maintain the Le Chamonix apartments, to the Aspen School District to be used for traffic/vehicle reduction programs in satisfaction of the awarded 2019 Urban Area Residential Growth Management Quota System (Case P003-19) commitment and the requirements of Pitkin County Planning and Zoning Commission Resolution No. PZ -07-2019 (Reception No. 656513). Signature: Date: a I oZ By (Print Name and Title): —7�� , V RECEPTION#: 675046, R: $113.00, D: $0.00 DOC CODE: PUD Pg 1 of 21, 04/01/2021 at 11:35:51 AM Janice K. Vos Caudill, Pitkin County, CO AMENDED LE CHAMONIX ASSOCIATION INCORPORATED PLANNED UNIT DEVELOPMENT GUIDE I. Purpose On September 25, 2019, the Pitkin County Board of County Commissioners (hereinafter the "Board") approved the Le Chamonix Association Incorporated Amended Planned Unit Development (hereinafter "Le Chamonix Amended PUD") Detailed Submission (Site Specific Development Plan) pursuant to the Pitkin County Land Use Code (hereinafter "Code"). Section 3-70-30 of the Code establishes the Planned Unit Development (hereinafter "PUD") standards which allow variance from the strict adherence to the area and bulk requirements of underlying zone districts within a PUD. This Amended PUD Guide retains all the pertinent information from the 2014 PUD approvals and makes amendments based upon the 2019 approvals for a Major Amendment to a PUD, Activity Envelope and Site Plan, Scenic View Protection and GMQS floor area allotment. The purposes of the Chamonix Guide are to: A. Clearly identify area and bulk requirements approved pursuant to Section 3-70-30 of the Code. B. Clearly identify in one document representations and commitments made by Chamonix (hereinafter "Applicant") and the Board. C. Clearly state and iterate in one document the standards, restrictions and regulations which govern land use development within the Chamonix PUD. D. Facilitate the Pitkin County Zoning and Building Department reviews by establishing review standards. E. Identify standards enforceable by Pitkin County in one document separate from the Chamonix Condominium Declarations and Protective Covenants which are not enforceable by Pitkin County. 1 RECEPTION#: 675046,04/01/2021 at 11:35:51 AM, Pgs 2 of 21, Janice K. Vos Caudill, Pitkin County, CO II. Pitkin County Land Use Code The Amended Le Chamonix PUD has been reviewed based upon the Pitkin County Land Use Code in effect on January 15, 2019. The PUD Guide identifies variations from the Pitkin County Land Use Code approved by Pitkin County during the land use review process and restrictions which may be enforced by Pitkin County. III. Allowed Uses Allowed uses are established by the RMF zone district regulations in Section 3-50-90 of the Code. The RMF zone is a residential zone intended for multi -family residential dwelling units. Residential uses are intended for use exclusively for dwelling purposes, but not including hotel or lodge rooms. IV. Prohibited Uses Prohibited uses are established in by the RMF zone district regulations in Section 3-50-90 of the Code. Tourist accommodation uses are prohibited in the RMF zone. Tourist Accommodation unit means any unit intended to be occupied principally by visitors to Pitkin County, located in a facility that offers customary on-site management and operation services for visitors. This use shall include units found in a lodge, hotel, motel, tourist dormitory, resort cabin, guest ranch, or similar facility, but shall exclude any high country hut, tourist camping or similar facility that does not provide on-site management and operation services or that does not meet the definition of dwelling unit in this Chapter 11 of the Code. Also excluded shall be dwelling units that are principally residences as defined in this Chapter 11 of the Code and are subject to residential growth management quota system allotments even though they may from time to time be used by visitors. V. Dimensional Requirements This section establishes dimensional requirements for the PUD. The dimensional requirements of the Code apply to the Le Chamonix unless varied in this section. There are two dwelling units within Le Chamonix unit 1 as defined by the Pitkin County Land Use Code. Unit 1 may continue to be used as it is currently being used and is considered to be in conformance with zoning pursuant to this PUD Guide. The unit may be remodeled and in the event of the damage or destruction due to a disaster it may be reconstructed. However, if all the units in Le Chamonix are demolished and reconstructed there may be only one unit reconstructed within unit 1. 2 RECEPTION#: 675046,04/01/2021 at 11:35:51 AM, Pgs 3 of 21, Janice K. Vos Caudill, Pitkin County, CO A. Lots Minimum Lot Area (acres) Minimum Lot Area per Dwelling Unit B. Maximum Number of Dwelling Units on the Property C. Maximum Dwelling Units Per Acre D. Minimum Useable Open Space per Dwelling Unit (square feet) E. Minimum Lot Width F. Minimum Setbacks from Property Lines Front Side Rear 1 acre .14 acre 12 10.5 500 75' 5' 5' 20' G. Maximum Height: The maximum height is 28 feet for the primary structure as shown in Figure 1 and 20 feet for the accessory structure: only two stories are allowed on the front, Maroon Creek Road side of the structure. Increases in the height of the Le Chamonix Condominiums units up to the maximum allowed 28 foot height limit in the RMF zone district have been considered by Pitkin County based upon a plan for the entire Condominium structure which was the subject of a major PUD amendment, Site Plan and Scenic View Protection Reviews and a GMQS allotment. Height increases on a unit by unit basis are allowed when in conformance with Board of County Commissioners Resolution No 076-2019 and this PUD Guide. The Height limit for the Amended PUD is 28 feet for the primary structure except for Units 8, 9, 10, 11 and 12 and their height limits are: Unit 8 33' 3" Unit 9 31' 2" Unit 10 29' Unit 11 28' 11" Unit 12 28' 3" All units in the primary structure will retain two stories on the Maroon Creek Road side of the structure. This makes each unit's height as viewed from Maroon Creek Road lower than 28 feet as illustrated in Figure 1. The height limit is 20 feet for the accessory structure. Refer to Figure 1, Existing Building Heights and Height Calculations, to view methodology t] RECEPTION#: 675046,04/01/2021 at 11:35:51 AM, Pgs 4 of 21, Janice K. Vos Caudill, Pitkin County, CO for determining height as approved in the 2019 Amended PUD. H. Existing Decks The existing decks located on the north side of the structure are permitted. The decks located on the north side of the structure may be renovated and/or reconstructed subject to obtaining required Pitkin County building permits. The sizes of the decks (square feet) located on the north side of the structure are documented in Figure 2 and are as follows and listed below. Unit 1 689 Unit 2 354 Unit 3 413 Unit 4 643 Unit 5 337 Unit 6 333 Unit 7 418 Unit 8 272 Unit 9 595 Unit 10 460 Unit 11 201 Unit 12 637 All Le Chamonix units and decks are oriented to Maroon Creek (the water body) to the north and northwest. Visual impacts are insignificant toward this side of the building and the Maroon Creek Road scenic corridor is not impacted. I. Existing Floor Area Table 1 documents the approved existing floor area and crawl space for each unit in Le Chamonix. The calculations for determining these floor area numbers pursuant to the Pitkin County Code are depicted in Figure 2 of this PUD Guide. Units 1 and 12 each include floor area being used as garages as noted in Table 1 and depicted in Figure 2. 51 RECEPTION#: 675046,04/01/2021 at 11:35:51 AM, Pgs 5 of 21, Janice K. Vos Caudill, Pitkin County, CO Table 1 Le Chamonix Existing Floor Area* Unfinished Unfinished Crawl Space Over 5'6" Crawl Space Under 5'6" Per Code Counted in Per Code is not Counted Unit Existing Floor Area** Allowable Floor Area in Allowable Floor Area 1 3174 +379G =3553 105 470 2 1772 0 657 3 1922 0 653 4 2836 0 367 5 2492 682 0 6 1896 138 538 7 2511 471 197 8 2345 0 0 9 2544 0 0 10 2358 0 0 11 2190 0 0 12 2557 + 168G = 2725 220 995 Common 211 0 198 TOTAL: 29,355+ 547 Garage 1,616 4,075 W/ GARAGE: 29,902 • See Figures 2 and 3 for calculations of floor area. ** Existing Floor Area includes unfinished crawl space over 5'6" identified in the middle column Source: Davis Horn Incorporated and Scot Broughton Architects LLC, January 2014 5 RECEPTION#: 675046,04/01/2021 at 11:35:51 AM, Pgs 6 of 21, Janice K. Vos Caudill, Pitkin County, CO J. Maximum Floor Area Floor Area for all Dwelling Units # 2 through 12 2,855 Floor area for Dwelling Unit 1: 3,174 Floor area Plus Garage for Dwelling Unit 1 3,174 + 379 Garage = 3,553 The floor area additions and total floor area allowed for each unit after the 2019 PUD Amendment will be: Source: Davis Horn Incorporated and Scot Broughton Architects, LLC January 2019 K. Setback from Maroon Creek Road a Major Road This section establishes the major road setback from Maroon Creek Road to individual dwelling units in Chamonix. Attachment A depicts the measured shortest distance from each unit to the Maroon Creek Road right of way (major road). This shortest distance is Proposed Maximum Available to Allowed After Unit Allowed Existing Achieve 2588 2019 PUD Approval #1 3,553 3,553 0 3,553 includes 379 Garage #2 2,855 1,772 1,083 2,855 #3 2,855 1,933 933 2,855 #4 2,855 2,836 19 2,855 #5 2,855 2,492 363 2,855 #6 2,855 1,896 959 2,855 #7 2,855 2,511 344 2,855 #8 2,855 2,345 510 2,855 #9 2,855 2,544 311 2,855 #10 2,855 2,358 497 2,855 #11 2,855 2,190 665 2,855 #12 2,855 2,725 130 2,855 includes 241 Garage 1-12 Expansions 5,814 Laundry Expansion 100 Buffer 85 Total Expansion Approved 6,000 (rounded) Source: Davis Horn Incorporated and Scot Broughton Architects, LLC January 2019 K. Setback from Maroon Creek Road a Major Road This section establishes the major road setback from Maroon Creek Road to individual dwelling units in Chamonix. Attachment A depicts the measured shortest distance from each unit to the Maroon Creek Road right of way (major road). This shortest distance is RECEPTION#: 675046,04/01/2021 at 11:35:51 AM, Pgs 7 of 21, Janice K. Vos Caudill, Pitkin County, CO the setback for each unit. The setbacks are documented in Figure 4. Unit 1: 9.3' Unit 2: 10.4' Unit 3: 18.2' Unit 4: 18.4' Unit 5: 55.1 Unit 6: 67.4' Unit 7: 63.9' Unit 8: 56.1' Unit 9: 34.8' Unit 10: 13.3' Unit 11: 11.1' Unit 12: 11.3' Storage shed 0.0' L. Expansion of Dwelling Units The expansion of all dwelling units in the Le Chamonix PUD up to the allowed maximum floor area of 2,855 square feet (3,553 for Unit 1) is now allowed pursuant to the Major Amendment to a PUD, Activity Envelope and Site Plan, Scenic View Protection and GMQS approvals granted under BOCC Resolution No. 076-2019 and this Amended PUD Guide. The PUD is amended pursuant to Section 2-40-50 of the Code. Alteration of the building footprint and/or height is allowed pursuant to BOCC Resolution No. 076-2019 and this Amended PUD Guide. The building footprint square footage is documented on Figure 5. The existing crawl spaces (areas which are less than 5' 6") under the following dwelling units may be expanded provided that the new floor area does not exceed the limitations in this section and the maximum floor area permitted per unit. The following units contain such crawl spaces (areas which are less than 5'6"). Unit 2: 657 square feet Unit 3: 653 square feet Unit 6: 538 square feet Unit 7: 197 square feet Unit 12: 591 square feet The expansion of all dwelling units in the PUD is allowed pursuant to the Major Amendment to a PUD, Activity Envelope and Site Plan, Scenic View Protection and GMQS approvals granted under BOCC Resolutions Nos. 049-2019, and 076-2019. This PUD is therefore amended pursuant to Section 2-40-50 of the Code. Alteration of the building footprint or height is also allowed pursuant to BOCC Resolutions No. 076-2019 7 RECEPTION#: 675046,04/01/2021 at 11:35:51 AM, Pgs 8 of 21, Janice K. Vos Caudill, Pitkin County, CO M. Enclosure of Decks The portions of the decks which exceed 15 percent of the floor area in any given unit which are already included in floor area based upon the existing Pitkin County Land Use Code floor area definition can be converted to finished floor area in the unit as long as the space is consistent with the Land Use Code, the Amended PUD approvals and the Amended PUD Guide. Refer to Figure 2 for the calculation of deck floor area. The enclosure of deck areas is possible as long as the enclosure is consistent with the PUD and is in compliance with the floor area limitations in this Amended PUD Guide. N. Increases in Floor Area, Finishing Unfinished Crawl Spaces Over 5' 6" and Converting Floor Area Located in Garages to Living Space Deck Area Enclosure. As deck areas are on the rear side of the structure with minimal visual impacts, deck enclosures can occur if the space is in conformance with all approvals including the maximum allowed floor area of 2,855 square feet for units 2 through 12 and 3,553 square feet for Unit 1. No Growth Management Quota System (GMQS) allotment or a Transferable Development Right (TDR) is required for deck enclosures as long as the unit complies with the maximum allowed floor area of 2,855 square feet of floor area (3,553 for Unit 1). Floor Area Expansion., Floor area expansions up to the maximum allowed 2,855 square feet per Units 2-12 and 3,553 for Unit 1 are allowed as long as the expansions are found to be in conformance with the elevations and perspectives approved through this PUD Amendment, GMQS, Activity Envelope and Site Plan, Scenic Review approvals and the adopted Amended PUD Guide. Existing Crawl Space 5'6" Moved to Above Grade. The existing crawl spaces (subgrade space) which are over 5'6" in height are identified in Table 1 (Units 1, 5, 6, 7 and 12). These unfinished subgrade spaces may be converted to finished space subject to compliance with the building codes. This floor area can be moved above grade as long as the space is consistent with the Land Use Code, the Amended PUD Guide and meets the maximum allowed floor area requirements. Garages. The existing floor area located in the garages in Units 1 and 12 may be converted to habitable floor area provided there is no change to the building footprint and there is no expansion in floor area. Conversion of floor area in garages to habitable floor area will no longer require a residential GMQS allotment or exemption as these expansions must be in conformance with these 2019 approvals including the elevations and perspectives approved as part of the Scenic Review approval and Amended PUD Guide. Alteration of the Building Footprint. Alteration of the building footprint may be permitted if the building footprint alteration is consistent with the Amended PUD, land use approvals for Le Chamonix, particularly the perspectives and elevations approved as part of Scenic Review approvals and BOCC Resolution No. 076-2019, the Amended PUD Guide including the figures attached. E I � o i! I I I I I I I Z cn C' O NI X 09 Fn 2 Z LLI '0I ' m I I I I iY r r R r m N, 1 IIi d LU of /// m � I I 7� � I I LL I � o i! 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Vos Caudill, Pitkin County, CO Aki .. 6tl FIRST AMENDED AND RESTATED LE CHAMONIX PUBLIC TRAIL AND RECREATION EASEMENT THIS AMXNDMENT TO THE EASEMENT (the "Easement"), made and entered into this ( day of vtj , 2021, by and between Le Chamonix Association Inc., a Colorado nonprofit corporate n, whose address is 1501 Maroon Creek Road, Aspen Colorado 81611 ("Grantor"), and the Board of County Commissioners of Pitkin County, Colorado, a body corporate and politic, whose address is 530 East Main Street, Aspen, Colorado 81611 ("Grantee"). Grantors and Grantees may collectively be referred to herein as the "Parties". The following exhibits are attached hereto: Exhibit A: Legal description of the Property Exhibit B: Survey of Property RECITALS A. Grantor is the record owner of certain real property located in Pitkin County that lies in Section 14, Township 10 South, Range 85 West of the 61h P.M. in Pitkin County, Colorado, as legally described in Exhibit A and depicted on Exhibit B (the "Property"). B. Grantor granted a trail easement recorded on October 10, 2014, at reception number 614362 (the "Original Easement") which dedicated a non-exclusive perpetual public trail easement located from the Property boundary within Maroon Creek to five (5) feet above high water mark to fulfill the conditions of the Board of County Commissioner's Resolution 068-2014, recorded on July 15, 2014 at reception number 611807. C. On January 21, 2020, Resolution 076-2019 of the Board of County Commissioners of Pitkin County was recorded at reception number 662087 and requires the Grantor to record a trail/fishing easement dedicated to the Pitkin County Open Space and Trails within Maroon Creek extending ten (10) feet beyond the Creek's high water mark and expanding the permitted uses to include fishing, which amends the previous trail easement. D. The Parties intend with this Easement to amend, supersede, replace and restate the Original Easement without interrupting the duration of the Original Easement. E. The Parties acknowledge and agree that the grant of this Easement does not constitute a takings. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements set forth herein, and for other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee agree as follows: 1. Grant of Easement. Grantor hereby grants, transfers and conveys unto Grantee and its successors and assigns, for the use and benefit of the general public a non-exclusive perpetual RECEPTION#: 675046, 04/01/2021 at 11:35:51 AM, Pgs 15 of 21, Janice K. Vos Caudill, Pitkin County, CO public trail and recreation easement located from the Property boundary within Maroon Creek to ten (10) feet above high water mark as defined in the Pitkin County Land Use Code and, as depicted on Exhibit B (the "Easement"). 2. Grantee hereby accepts the Easement in an "as is" condition, subject to the restrictions herein contained. Such acceptance does not preclude improvement or maintenance activities within the Easement insofar as such activities may be allowed or required by this Agreement. 3. Easement Use Restrictions. a. Public use of the Easement shall be exclusively for non -motorized recreation, including but not limited to, fishing, hiking, horseback riding, bicycling and Nordic skiing. Dogs on the Easement must be leashed at all times. b. The Easement is governed by the rules and regulations and other provisions of Title XII of the Pitkin County Code, as said Title XII may be amended or recodified from time to time, provided always that the provisions of this Agreement shall control wherever they are more restrictive than the provisions of said Title XII. c. No motorized vehicles shall be permitted to use the Easement, except as needed for maintenance of the trail or emergency response. d. Grantor reserves the right to use and enjoy the Easement and the land beneath and the airspace above for all purposes and uses which do not unreasonably interfere with the use and enjoyment by Grantee or members of the public of the rights herein granted. Without limitation to the foregoing, Grantor shall have the right to grant any easements to utility companies over or under the Easement. The Easement is granted subject to all existing easements, restrictions and covenants of record. 4. Easement Care and Maintenance. Grantee hereby assumes complete responsibility for and agrees to care for, groom and maintain the trail in a clean and attractive condition and in a good and safe order and repair, at its sole cost and expense, unless the need therefore is caused by Grantor, or its successors or assigns in interest in the ownership of the underlying Property, in which case Grantor, or its successors or assigns in interest, shall perform the maintenance or care so required; provided, however that Grantor is not responsible for said damage if caused by horses or third parties. Grantee's maintenance responsibilities shall include, but not be limited to, trash and debris removal, keeping the trail clear of rocks, vegetation and other obstructions, grooming as needed, controlling erosion and water runoff, and general care and maintenance. 5. Grantor's immunity. The parties expressly acknowledge that the Easement is granted for a "recreational purpose" under C.R.S. Section 33-41-101, et sec ., and that Grantor is entitled to pursue the benefits, protections and limitations on liability afforded by Colorado law governing recreational easements, including without limitation said Section 33-41-101, et sec. By granting the Easement, Grantor shall have no obligation to repair, clear or otherwise maintain the area within the Easement, or to insure or indemnify Grantee or the public for any injury, claim or damage to any person or property, whether alleged to have occurred as a result of use of the Easement for public non -motorized travel or otherwise, or due to the condition of the public trail area. 6. Attorneys' Fees. In the event the interpretation or enforcement of this Easement should ever become the subject of litigation between Grantor (or its successors and assigns in the record -2- RECEPTION#: 675046, 04/01/2021 at 11:35:51 AM, Pgs 16 of 21, Janice K. Vos Caudill, Pitkin County, CO ownership of the underlying real property traversed by the Easement, or any part thereof) and Grantee, the prevailing party shall be entitled to an award of its reasonable costs and attorneys' fees incurred in connection therewith. 7. BindingEffect. This Easement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors and assigns forever including all future record owners of the underlying real property traversed by the Easement, or any part thereof. The benefits and burdens hereof shall also run with the title to the underlying real property and all parts thereof traversed by the Easement. This Easement may only be amended by a writing signed by Grantee and by the then -record owners of the underlying real property traversed by the Easement. Remainder of page intentionally left blank Signature pages follow - 3 - RECEPTION#: 675046, 04/01/2021 at 11:35:51 AM, Pgs 17 of 21, Janice K. Vos Caudill, Pitkin County, CO GRANTOR: STATE OF CA h pot -'A ) ) ss. COUNTY OF oSA ) The foregoingJ'nstrument was acknowledged before me this It day of AVCk , Ck- 204g, by &'fft t 1N 90�4 My commission expires Of, Witness my hand and official seal. ALDOALOANA TWary Public " Notary Public - Calftda Z Los Angeles County z Commission 0 2187222 My Comm. Expires Apr 15, 2021 -4- RECEPTION#: 675046, 04/01/2021 at 11:35:51 AM, Pgs 18 of 21, Janice K. Vos Caudill, Pitkin County, CO GRANTEE: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By: Ke ly McNicholasCury, Chair STATE OF COLORADO ) ss. COUNTY OF PITKIN ) aThe foregoing instrument was acknowledged before me this IAJ day of nki , 2021, by Kelly McNicholas A ury, Chair, Pitkin County Board of County Co missioners. Witness my hand and official seal. My commission expires: q- �IEANETTE JONES�� n<OTARY PUBLIC OF COLORADO 30 19904002856 D-UNES E73-4z'- -5- RECEPTION#: 675046,04/01/2021 at 11:35:51 AM, Pgs 19 of 21, Janice K. Vos Caudill, Pitkin County, CO Exhibit A: Legal Description of Property RECEPTION#: 675046, 04/01/2021 at 11:35:51 AM, Pgs 20 of 21, Janice K. Vos Caudill, Pitkin County, CO LE CHAMONIX CONDOMINIUMS A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6T". P.M., IN PITKIN COUNTY, COLORADO; SAID TRACT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHWESTERLY RIGHT OF WAY LINE OF THE MAROON CREEK ROAD WHENCE THE RELOCATED WITNESS CORNER TO THE WEST 1/4 CORNER OF SAID SECTION 14 (SAID RELOCATED WITNESS CORNER BEARS SOUTH 86.33 FEET FROM THE ORIGINAL LOCATION) BEARS S57°06'W 20.00 FEET AND S44°38'30"W 378.87 FEET; THENCE N57°06'E 460.00 FEET ALONG SAID RIGHT OF WAY; THENCE N33°06'W 76.67 FEET; THENCE S56°54'W 44.47 FEET; THENCE N63°30'W 223 FEET, MORE OR LESS, TO THE CENTER OF MAROON CREEK; THENCE SOUTHWESTERLY ALONG THE CENTERLINE OF MAROON CREEK 270.00 FEET, MORE OR LESS; THENCE S18°30'E 205 FEET, MORE OR LESS, TO THE POINT OF BEGINNING; CONTAINING 2 ACRES, MORE OR LESS. RECEPTION#: 675046, 04/01/2021 at 11:35:51 AM, Pgs 21 of 21, Janice K. Vos Caudill, Pitkin County, CO EXHIBIT 13 A PARCEL OF LAND SITUATED IN THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF PITKIN, STATE OF COLORADO. c>< SCALE 1" = 40' / •�5, P.O.C. WEST 1/4 CORNER / SEC. 14. T10S, R85W. j10N kSECOR. 2.5" BLM `DCSCR3� p3 BRASS CAP N I ZS3 10(FOUND) OF LE CHAMONIX CONDOMINIUMS. REC. NO. 6184718 BASIS OF BEARINGS S 01.40'43" W 1316.53' S 1/16 CORNER SEC. 14. T10S, R85W. 3.25" BLM 1985 ALUMINUM CAP (FOUND) 633 019, F d i EASEMENT DESCRIPTION SEITPCEI Of FIND SITZ IATED IN FNE SOUOIIVEST QUARTER OF THE NORTHWEST QUARTER OF T1111114, TOWNSHIP 10 SOUTH, RANGF 85 W EST OFFICE SIXTH PRINCIPAL MERIDIAN, COUN Of ITKIN. SPATEOFCOLORADO.TOWIT. C GNIME MING AT THE WEST QUARTER CORNER Of TFIE SAID SECTION 14, FROM W'HENCF THE SO,TH ONE SIXTEENTH CORNER BETWEEN SECTION IS AND THE SAID SECTION 14 BEARS S 01-43' W, 1316.53 FEET DISTANT, WITH BOTH CORNERS MONUMENTED BY FOUND KM BRASS CAPPED IPON PIPf511985). THENCE. N 16'3103" E A DISTANCE Of 188.10 TO THE SOUTHWEST CORNER OF THE LF CHAMONIX CONDOMINIUMS, RECORDED IIOC'OBER.1018 UNDER RECEPTION NUMBER 614718 IN THE PUBLIC RECORDS OF THE SAID COUNTY, THENCE, N I8'3DO0' W, ALONG THE SOU IHWESTERLY BOUNDARY UNE OF THE SAID CONDOMINIUM A D15TANCE Of Tel CA FEET, THF SAID POINT BEING THE TRUE POINT OF BEGINNING, THENCE N 18'30 'W" W. A DISTANCE OF 71.1,11111 TO A POINT ON THE CENTERLINE DF MAR— 'P, EX, THF SAID POINT BE ING THE NORTI VNE51—Y (FOHNOARY CORNER OF THE SAID .I UUM THE!0'3718' E. DEPARTING FROM TIE AFORE SAID COURSE AND ALONG THE C(NTERIINE OF TIIE SAID E, REEX AND THE NORTHI REY BOUNDARY LINE OF THE SAID CONDOMINIUM. A THEN N61'35'14" L DEPARTING FROM THE AFORESAID COURSE AND AL ONG THE CE NTERUNF OF THE SAID CREEK AND THE NORTHERLY BOUNDARY LINE OF THE SAID CONDOMINIUM, A DISTANCE OF 6188 FE E T; THENCE N 47'10'10' E. DEPARTING FROM THE AFORESAIU COURSE AND ALONG THE CENTERLINE OF THE SAID CREEK AND THE NORTHERLY BOUNDARY LINE Of THE SAID CONDOMINIUM, A DISTANCE OF 73 17 FEET; THENCE N 5G'01'SO' E, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE CENTERUNE OF THE SAD CREEK AND THE NORTHERLY BOUNDARY LINE Of THE SAID CONDOMINIUM, A DISTANCE Of 68 93 FEET TO THE NORTHEASTERLY BOUNDARY CORNER THEREOF; THENCE S 63'30'(10' E, DEPARTING FROM THE AFORE SAID COURSE AND ALONG THE NORTHEASTERLY BOUNDARY LINE OF THE SAID CONDOMINIUM, A DISTANCE OF S8 OR FEET; THENCE 511'11'41' W, DEPARTING FROM THE AFORESAID COURSE A DISTANCE OF 1901 FEET; THENCE 5 57'10'11' W, DEPARTING FROM THE AFORESAID COURSE A DISTANCE OF 77 30 FEET; THENCE 541'5006' W, DEPARTING FROM THF A' BE SAID COURSE AOISTANCE OF 6149 FF E T; iHf NCf S:' 47'5540' W', DEPARTING FROM LHE AFORESAID COURSE A DISTANCE OF 69.47 FEET; THIN[I 5 30'50'30' W, DEPARTING FROM THE AFORESAID COURSE A DISTANCE OF 30.50 FEET TO THE POINT OF BEGINNING. THE IAID PARCEL OT LAND IS COMPRISED OF 14,680SQUARE FEET, 1034 ACRES) MORE OR LESS SURVEYOR'S CERTIFICATION I, BILL W.A. BAKER. A LICENSED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO DO BY THESE PRESENTS CERTIFY THAT THE DESCRIPTION AND DRAWING SHOWN HEREON REPRESENTS AN EASEMENT DERIVED FROM A FIELD SURVEY OF THE SUBJECT PROPERTY MADE UNDER MY DIRECT SUPERVISION. AND THAT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, AN ACCURATE DEPICTION OF SAID SURVEY IS RENDERED BY THIS EXHIBIT. THIS EXHIBIT IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE CONSTRUED AS A LAND SURVEY PLAT. BILL W.A. BAKER, COLORADO PROFESSIONAL LAND SURVEYOR #23875 CERTIFIED FEDERAL SURVEYOR #1699 INTENDED TO DEPICT THE DESCRIPTION. NOT TO BE CONSTRUED AS A LAND SURVEY PLAT. HIGH COUNTRY ENGINEERING, INC. 62 62 a DN1c O O HIGH WATER MARK CHECKEDERY. PROJECT NO 17131AH�a\I •.'. '.E. �''-IIr. it _! tK BB 22G 1672 GLEE+v1EIc`. - � 1 DATE PAGE PH(INE Iii/O) CI-t� �..: 7•-: F,1Y I� 1701 Cl -1_: �` 0 / 01.26.2021 1 OF I "1 atK1 Fl-' J: /220 1672/TRAILEASEf.IE NT.D W G / L L / Ld / / S 38°50'30" W -i a LLJ I,_ L 30.50' U LLI ° T. P.O. B. U O > I; 125.0' WITNESS __ CORNER EOl)NO RE K' ORANGE PLASTIC ORANGE U Ep CAP Z YARNED WC RCE L519598 0 0- 0 Z 35.0' INITNESS CORNER O FOUND REBAR h N 1-1/4, ORANGE PLASTIC CAP MARKED WC HCE LSI 9598 Q P.O.C. WEST 1/4 CORNER / SEC. 14. T10S, R85W. j10N kSECOR. 2.5" BLM `DCSCR3� p3 BRASS CAP N I ZS3 10(FOUND) OF LE CHAMONIX CONDOMINIUMS. REC. NO. 6184718 BASIS OF BEARINGS S 01.40'43" W 1316.53' S 1/16 CORNER SEC. 14. T10S, R85W. 3.25" BLM 1985 ALUMINUM CAP (FOUND) 633 019, F d i EASEMENT DESCRIPTION SEITPCEI Of FIND SITZ IATED IN FNE SOUOIIVEST QUARTER OF THE NORTHWEST QUARTER OF T1111114, TOWNSHIP 10 SOUTH, RANGF 85 W EST OFFICE SIXTH PRINCIPAL MERIDIAN, COUN Of ITKIN. SPATEOFCOLORADO.TOWIT. C GNIME MING AT THE WEST QUARTER CORNER Of TFIE SAID SECTION 14, FROM W'HENCF THE SO,TH ONE SIXTEENTH CORNER BETWEEN SECTION IS AND THE SAID SECTION 14 BEARS S 01-43' W, 1316.53 FEET DISTANT, WITH BOTH CORNERS MONUMENTED BY FOUND KM BRASS CAPPED IPON PIPf511985). THENCE. N 16'3103" E A DISTANCE Of 188.10 TO THE SOUTHWEST CORNER OF THE LF CHAMONIX CONDOMINIUMS, RECORDED IIOC'OBER.1018 UNDER RECEPTION NUMBER 614718 IN THE PUBLIC RECORDS OF THE SAID COUNTY, THENCE, N I8'3DO0' W, ALONG THE SOU IHWESTERLY BOUNDARY UNE OF THE SAID CONDOMINIUM A D15TANCE Of Tel CA FEET, THF SAID POINT BEING THE TRUE POINT OF BEGINNING, THENCE N 18'30 'W" W. A DISTANCE OF 71.1,11111 TO A POINT ON THE CENTERLINE DF MAR— 'P, EX, THF SAID POINT BE ING THE NORTI VNE51—Y (FOHNOARY CORNER OF THE SAID .I UUM THE!0'3718' E. DEPARTING FROM TIE AFORE SAID COURSE AND ALONG THE C(NTERIINE OF TIIE SAID E, REEX AND THE NORTHI REY BOUNDARY LINE OF THE SAID CONDOMINIUM. A THEN N61'35'14" L DEPARTING FROM THE AFORESAID COURSE AND AL ONG THE CE NTERUNF OF THE SAID CREEK AND THE NORTHERLY BOUNDARY LINE OF THE SAID CONDOMINIUM, A DISTANCE OF 6188 FE E T; THENCE N 47'10'10' E. DEPARTING FROM THE AFORESAIU COURSE AND ALONG THE CENTERLINE OF THE SAID CREEK AND THE NORTHERLY BOUNDARY LINE Of THE SAID CONDOMINIUM, A DISTANCE OF 73 17 FEET; THENCE N 5G'01'SO' E, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE CENTERUNE OF THE SAD CREEK AND THE NORTHERLY BOUNDARY LINE Of THE SAID CONDOMINIUM, A DISTANCE Of 68 93 FEET TO THE NORTHEASTERLY BOUNDARY CORNER THEREOF; THENCE S 63'30'(10' E, DEPARTING FROM THE AFORE SAID COURSE AND ALONG THE NORTHEASTERLY BOUNDARY LINE OF THE SAID CONDOMINIUM, A DISTANCE OF S8 OR FEET; THENCE 511'11'41' W, DEPARTING FROM THE AFORESAID COURSE A DISTANCE OF 1901 FEET; THENCE 5 57'10'11' W, DEPARTING FROM THE AFORESAID COURSE A DISTANCE OF 77 30 FEET; THENCE 541'5006' W, DEPARTING FROM THF A' BE SAID COURSE AOISTANCE OF 6149 FF E T; iHf NCf S:' 47'5540' W', DEPARTING FROM LHE AFORESAID COURSE A DISTANCE OF 69.47 FEET; THIN[I 5 30'50'30' W, DEPARTING FROM THE AFORESAID COURSE A DISTANCE OF 30.50 FEET TO THE POINT OF BEGINNING. THE IAID PARCEL OT LAND IS COMPRISED OF 14,680SQUARE FEET, 1034 ACRES) MORE OR LESS SURVEYOR'S CERTIFICATION I, BILL W.A. BAKER. A LICENSED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO DO BY THESE PRESENTS CERTIFY THAT THE DESCRIPTION AND DRAWING SHOWN HEREON REPRESENTS AN EASEMENT DERIVED FROM A FIELD SURVEY OF THE SUBJECT PROPERTY MADE UNDER MY DIRECT SUPERVISION. AND THAT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, AN ACCURATE DEPICTION OF SAID SURVEY IS RENDERED BY THIS EXHIBIT. THIS EXHIBIT IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE CONSTRUED AS A LAND SURVEY PLAT. BILL W.A. BAKER, COLORADO PROFESSIONAL LAND SURVEYOR #23875 CERTIFIED FEDERAL SURVEYOR #1699 INTENDED TO DEPICT THE DESCRIPTION. NOT TO BE CONSTRUED AS A LAND SURVEY PLAT. HIGH COUNTRY ENGINEERING, INC. LE CIHA""N" DN1c 1"=40FF. RE: CREATION EASERIENT CHECKEDERY. PROJECT NO 17131AH�a\I •.'. '.E. �''-IIr. it _! 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